1964_PROBATION_OF_OFFENDERS_ORDINANCE — Page 8

1987 Ed.]

Probation of Offenders

[CAP. 298

7

District Court is convicted by a magistrate's court in respect of an offence committed during the probation period or during the period of conditional discharge, the magistrate's court may order that he be brought or appear before the court by which the order was made if the magistrate considers it expedient to do so, and for this purpose may commit him to custody or release him on bail (with or without sureties); and if the magistrate's court makes such an order, it shall send to the High Court or the District Court, as the case may be, a copy of the minute or memorandum of the conviction entered in the register, signed by the magistrate. (Replaced, 76 of 1979, s. 4)

(5) Where it is proved to the satisfaction of the court before which a probationer or a person subject to an order for conditional discharge appears or is brought pursuant to this section that the person in whose case such order was made has been convicted and, except in the case of an order under subsection (4), dealt with in respect of an offence committed during the probation period, or during the period of conditional discharge, as the case may be, the court may deal with him, for the offence for which the order was made, in any manner in which the court could deal with him if he had just been tried for or convicted of that offence by or before that court. (Amended, 54 of 1961, s. 5 and 76 of 1979, s. 4)

(5A) Where a person has been ordered to be brought or appear before the High Court or District Court under subsection (4), that court, after dealing with him under subsection (5) in respect of the original offence, may deal with such person in respect of the offence referred to in subsection (4) in any manner in which he could be dealt with by a magistrate's court for that offence, or order that he be brought or appear before the magistrate's court to be dealt with in respect of that offence and for such purpose may commit him to custody or release him on bail (with or without sureties); and if the High Court or District Court makes such an order it shall send to the magistrate's court a copy of every order or sentence made or imposed, signed by the judge. (Added, 76 of 1979, s. 4)

(6) If a person in whose case a probation order or an order for conditional discharge has been made by a magistrate's court is convicted before the High Court or District Court or another magistrate's court of an offence committed during the probation period or during the period of conditional discharge, the High Court or the District Court or such other magistrate's court may deal with him, for the offence for which the order was made, in any manner in which the magistrate's court by which the order was made could deal with him if he had just been tried for or convicted of that offence by or before that court. (Amended, 54 of 1961, s. 5)

7. (1) Without prejudice to the provisions of section 15(j) of the Juvenile Offenders Ordinance (which enables a court to order the parent or guardian of a child or young person charged with an offence to give security for his good behaviour), any court may, on making a probation order or an order for conditional discharge, if it thinks it expedient for the purpose of the reformation of the

Supplementary provisions as to probation and discharge.

[cf. 1948 c. 58. s. 11.] (Cap. 226.)