1964_PROBATION_OF_OFFENDERS_ORDINANCE — Page 3

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 298]

Probation of Offenders

[1987 Ed.

Originally 57 of 1956.

$4 of 1961.

CHAPTER 298

PROBATION OF OFFENDERS

To provide for the probation of offenders.

23 of 1967.

20 of 1971.

48 of 1972.

92 of 1975.

26 of 1976.

76 of 1979.

[7 December 1956.]

55 of 1986.

7 of 1987.

Short title.

Interpretation.

(Cap. 227.) (Cap. 221.)

Probation.

1. This Ordinance may be cited as the Probation of Offenders Ordinance.

2. (1) In this Ordinance, unless the context otherwise requires-

"approved institution" means an institution approved under section 11:

"conditional discharge" means a conditional discharge made under the provisions of section 36 of the Magistrates Ordinance or section 107 of the Criminal Procedure Ordinance:

"principal probation officer" means the person appointed to be the principal probation officer under section 9;

"probation officer" means a person appointed to be a probation officer under section 9;

"probation order" has the meaning assigned to it by section 3;

"probation period" means the period for which a probationer is placed under supervision by a probation order;

"probationer" means a person for the time being under supervision by virtue of a probation order.

(Amended, 26 of 1976, s. 2)

(2) For the purposes of this Ordinance, except section 3(7), where a probation order or an order for conditional discharge has been made on appeal, the order shall be deemed to have been made by the court from which the appeal was brought. (Added, 7 of 1987, s. 2)

3. (1) Where a court by or before which a person is tried for an offence (not being an offence the sentence for which is fixed by law) is of opinion that having regard to the circumstances, including the nature of the offence and the character of the offender, it is expedient to do so, the court may, after conviction, make a probation order, that is to say, an order requiring him to be under the supervision of a probation officer for a period to be specified in the order of not less than 1 year nor more than 3 years. (Replaced, 54 of 1961, s. 2. Amended, 20 of 1971, s. 2 and 55 of 1986, s. 8)

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CAP. 298] Probation of Offenders [1987 Ed. Originally 57 of 1956. $4 of 1961. CHAPTER 298 PROBATION OF OFFENDERS To provide for the probation of offenders. 23 of 1967. 20 of 1971. 48 of 1972. 92 of 1975. 26 of 1976. 76 of 1979. [7 December 1956.] 55 of 1986. 7 of 1987. Short title. Interpretation. (Cap. 227.) (Cap. 221.) Probation. 1. This Ordinance may be cited as the Probation of Offenders Ordinance. 2. (1) In this Ordinance, unless the context otherwise requires- "approved institution" means an institution approved under section 11: "conditional discharge" means a conditional discharge made under the provisions of section 36 of the Magistrates Ordinance or section 107 of the Criminal Procedure Ordinance: "principal probation officer" means the person appointed to be the principal probation officer under section 9; "probation officer" means a person appointed to be a probation officer under section 9; "probation order" has the meaning assigned to it by section 3; "probation period" means the period for which a probationer is placed under supervision by a probation order; "probationer" means a person for the time being under supervision by virtue of a probation order. (Amended, 26 of 1976, s. 2) (2) For the purposes of this Ordinance, except section 3(7), where a probation order or an order for conditional discharge has been made on appeal, the order shall be deemed to have been made by the court from which the appeal was brought. (Added, 7 of 1987, s. 2) 3. (1) Where a court by or before which a person is tried for an offence (not being an offence the sentence for which is fixed by law) is of opinion that having regard to the circumstances, including the nature of the offence and the character of the offender, it is expedient to do so, the court may, after conviction, make a probation order, that is to say, an order requiring him to be under the supervision of a probation officer for a period to be specified in the order of not less than 1 year nor more than 3 years. (Replaced, 54 of 1961, s. 2. Amended, 20 of 1971, s. 2 and 55 of 1986, s. 8)
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2 CAP. 298] Probation of Offenders [1987 Ed. Originally 57 of 1956. $4 of 1961. CHAPTER 298 PROBATION OF OFFENDERS To provide for the probation of offenders. 23 of 1967. 20 of 1971. 48 of 1972. 92 of 1975. 26 of 1976. 76 of 1979. [7 December 1956.] 55 of 1986. 7 of 1987. Short title. Interpretation. (Cap. 227.) (Cap. 221.) Probation. 1. This Ordinance may be cited as the Probation of Offenders Ordinance. 2. (1) In this Ordinance, unless the context otherwise requires- "approved institution" means an institution approved under section 11: "conditional discharge" means a conditional discharge made under the provisions of section 36 of the Magistrates Ordinance or section 107 of the Criminal Procedure Ordinance: "principal probation officer" means the person appointed to be the principal probation officer under section 9; "probation officer" means a person appointed to be a probation officer under section 9; "probation order" has the meaning assigned to it by section 3; "probation period" means the period for which a probationer is placed under supervision by a probation order; "probationer" means a person for the time being under supervision by virtue of a probation order. (Amended, 26 of 1976, s. 2) (2) For the purposes of this Ordinance, except section 3(7), where a probation order or an order for conditional discharge has been made on appeal, the order shall be deemed to have been made by the court from which the appeal was brought. (Added, 7 of 1987, s. 2) 3. (1) Where a court by or before which a person is tried for an offence (not being an offence the sentence for which is fixed by law) is of opinion that having regard to the circumstances, including the nature of the offence and the character of the offender, it is expedient to do so, the court may, after conviction, make a proba- tion order, that is to say, an order requiring him to be under the supervision of a probation officer for a period to be specified in the order of not less than 1 year nor more than 3 years. (Replaced, 54 of 1961, s. 2. Amended, 20 of 1971, s. 2 and 55 of 1986, s. 8)
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2

CAP. 298]

Probation of Offenders

[1987 Ed.

Originally 57 of 1956.

$4 of 1961.

CHAPTER 298

PROBATION OF OFFENDERS

To provide for the probation of offenders.

23 of 1967.

20 of 1971.

48 of 1972.

92 of 1975.

26 of 1976.

76 of 1979.

[7 December 1956.]

55 of 1986.

7 of 1987.

Short title.

Interpretation.

(Cap. 227.) (Cap. 221.)

Probation.

1. This Ordinance may be cited as the Probation of Offenders Ordinance.

2. (1) In this Ordinance, unless the context otherwise requires-

"approved institution" means an institution approved under

section 11:

"conditional discharge" means a conditional discharge made under the provisions of section 36 of the Magistrates Ordinance or section 107 of the Criminal Procedure Ordinance:

"principal probation officer" means the person appointed to be the

principal probation officer under section 9;

"probation officer" means a person appointed to be a probation

officer under section 9;

"probation order" has the meaning assigned to it by section 3;

"probation period" means the period for which a probationer is

placed under supervision by a probation order;

"probationer" means a person for the time being under supervision

by virtue of a probation order.

(Amended, 26 of 1976, s.

2)

(2) For the purposes of this Ordinance, except section 3(7), where a probation order or an order for conditional discharge has been made on appeal, the order shall be deemed to have been made by the court from which the appeal was brought. (Added, 7 of 1987, s. 2)

3. (1) Where a court by or before which a person is tried for an offence (not being an offence the sentence for which is fixed by law) is of opinion that having regard to the circumstances, including the nature of the offence and the character of the offender, it is expedient to do so, the court may, after conviction, make a proba- tion order, that is to say, an order requiring him to be under the supervision of a probation officer for a period to be specified in the order of not less than 1 year nor more than 3 years. (Replaced, 54 of 1961, s. 2. Amended, 20 of 1971, s. 2 and 55 of 1986, s. 8)

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