1964_REHABILITATION_OF_OFFENDERS_ORDINANCE — Page 3

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CAP. 297]

(Cap. 151)

Exceptions relating to proceedings.

Rehabilitation of Offenders

[1986 Ed.

(4) For the purposes of paragraph (a) of subsection (1)—

(a) “imprisonment” does not include detention in a reforma- tory school, in a detention centre, in a place of detention or in a training centre;

(b) a sentence of imprisonment or a fine shall be such a

sentence, whether or not it is suspended or postponed;

(c) an individual is not sentenced to imprisonment where he is

detained as a consequence of failing to pay a fine;

(d) conviction of an offence in respect of which an individual is not sentenced to imprisonment or to a fine exceeding $5,000 includes convictions on the same day of more than one offence in respect of which he is not sentenced to imprisonment or to fines exceeding $5,000 in total; and

"offence" does not include an offence of contravening section 20(2) or 24 of the Societies Ordinance or of contravening section 19, 20(1), 21, 22 or 23 of that Ordin- ance in circumstances in which the unlawful society is, or is deemed to be, a Triad Society.

(e)

(5) For the purposes of this section and sections 3 and 4, "proceedings" means any proceedings in Hong Kong by any court, body or person having power to determine any application by, or any question affecting the rights, privileges, obligations or liabilities of, any person or to receive evidence affecting the determination of any such application or question.

(6) For the purposes of paragraphs (i), (ii) and (iii) of subsec- tion (1) and section 3, a conviction shall include-

(a) the offence which was the subject of that conviction;

(b) the conduct or circumstances constituting that offence; and (c) anything relating to that conviction which, if disclosed, would tend to show that the individual committed, was charged with, was prosecuted for, was convicted of or was sentenced for the offence which was the subject of the conviction.

3. (1) Nothing in section 2 shall affect-

(a) the recovery of any fine or other sum adjudged to be paid; (b) any proceedings in respect of a breach of a condition or

requirement imposed following a conviction; or

(c) the operation of any law under which the individual is subject to any disqualification, disability, prohibition or other penalty.

(2) Nothing in section 2 shall affect the determination of any issue, or prevent the admission or requirement of any evidence, relating to the conviction-