### Criminal Procedure Ordinance 《刑事訴訟程序條例》

101E. Liability of directors, etc.
Where a person by whom an offence under any Ordinance has been committed is a company and it is proved that the offence was committed with the consent or connivance of a director or other officer concerned in the management of the company, or any person purporting to act as such director or officer, the director or other officer shall be guilty of the like offence.
(Amended 67 of 1975 s. 5)Editorial Note:
This provision previously appeared in s. 84 of Cap. 1. By virtue of 89 of 1993 s. 27, it was re-enacted as s. 101E of this Ordinance.

101F. Penalties prescribed to be deemed maximum penalties
Where in any Ordinance a penalty is prescribed for an offence under that Ordinance, such provision shall imply—
(a) that such offence shall be punishable upon conviction by a penalty not exceeding the penalty prescribed; and
(b) if the amount of the fine is unspecified, that such offence shall, without prejudice to any law against excessive or unreasonable fines or assessments, be punishable by a fine of any amount.
Editorial Note:
This provision previously appeared in s. 86 of Cap. 1. By virtue of 89 of 1993 s. 27, it was re-enacted as s. 101F of this Ordinance.

101G. Statement of penalty at end of section
Where in any Ordinance a penalty is set out at the foot of any section or part thereof the same shall mean that any contravention of that section or part shall be an offence under such Ordinance punishable upon conviction by a penalty not exceeding the penalty so set out.
Editorial Note:
This provision previously appeared in s. 87 of Cap. 1. By virtue of 89 of 1993 s. 27, it was re-enacted as s. 101G of this Ordinance.

101H. Certain penalties may be cumulative
Where in any Ordinance more than one penalty is prescribed for an offence, the use of the word “and” shall mean that the penalties may be inflicted alternatively or cumulatively.
Editorial Note:
This provision previously appeared in s. 88 of Cap. 1. By virtue of 89 of 1993 s. 27, it was re-enacted as s. 101H of this Ordinance.

### Criminal Procedure Ordinance 《刑事訴訟程序條例》

101I. Punishment of indictable offences
(1) Subject to subsections (2) and (5), where a person is convicted of an offence which is an indictable offence and for which no penalty is otherwise provided by any Ordinance, he shall be liable to imprisonment for 7 years and a fine. (Amended 12 of 1986 s. 2; 50 of 1991 s. 4(1); 49 of 1996 s. 6; 10 of 2008 s. 15)
(2) Where a person is convicted of—
(a) (Repealed 12 of 1986 s. 2)(b) (Repealed 49 of 1996 s. 6)(c) incitement,
to commit an offence for which a maximum penalty is provided by any Ordinance, and no penalty is otherwise provided by any Ordinance for such conspiracy or incitement, he shall be liable to be sentenced to that maximum penalty. (Amended 12 of 1986 s. 2)
(3) (Repealed 24 of 1993 s. 14)(4) (Repealed 49 of 1996 s. 6)(5) Where a person is convicted of an offence of perverting the course of justice at common law, he shall be liable to be sentenced at the discretion of the court to imprisonment for any term and a fine of any amount, subject to any limitations as to the maximum term or terms of imprisonment and the maximum fine which such court may lawfully impose under the District Court Ordinance (Cap. 336) or the Magistrates Ordinance (Cap. 227). (Added 10 of 2008 s. 15)
(6) In subsection (5), court (法院) includes the District Court and a magistrate. (Added 10 of 2008 s. 15)
(Replaced 64 of 1983 s. 3)Editorial Note:
This provision previously appeared in s. 90 of Cap. 1. By virtue of 89 of 1993 s. 27, it was re-enacted as s. 101I of this Ordinance.

### Criminal Procedure Ordinance 《刑事訴訟程序條例》

101J. Amendment of penalty
(1) Subject to subsection (2), where an act or omission is an offence and the penalty for the offence is amended between the time a person commits an offence and he is convicted of the offence, the offender is liable to the penalty prescribed at the time of the offence.
(2) If the amended penalty is a lighter penalty, the offender is liable to the lighter penalty.
(Added 89 of 1993 s. 33)

### Criminal Procedure Ordinance 《刑事訴訟程序條例》

103. Seizure of things intended for use in commission of indictable offence
Any magistrate or the court may order the seizure of any instruments, materials or things which there is reason to believe are provided or prepared, or being prepared, with a view to the commission of any indictable offence, and the same may be dealt with under section 102 as though it were property to which subsection (1)(c) of that section applies.
(Amended 50 of 1911 s. 4; 5 of 1924 s. 8; 70 of 1967 s. 5)

104. Search warrant
An order made under section 103 may be enforced by a search warrant.
(Amended 50 of 1911 s. 4; 5 of 1924 s. 8; 70 of 1967 s. 6)

105. Report of property found upon person apprehended
If, on the apprehension of any person charged with an indictable offence, any property is taken from him, a report shall be made by the police to the magistrate or the court of the fact of such property having been taken from such person and of the particulars of such property.

106. Application of money found upon person apprehended
If, on the apprehension of any person charged with an indictable offence, any money is taken from him, the court may, in its discretion, in case of the conviction of such person, order such money or any part thereof to be applied to the payment of any costs, or costs and compensation, directed to be paid by such person.

106A. Presumption and determination of age
(1) Where the age of any person at any time is material for the purposes of any provision in this Ordinance or any other Ordinance regulating the powers of a court in relation to offenders, his age at the material time shall be deemed to be or to have been that which appears to the court, after considering any available evidence, to be or to have been his age at that time.
(2) In this section, court (法庭) includes the District Court and a magistrate.
(Added 33 of 1979 s. 2)[cf. 1948 c. 58 s. 80 (3) U.K. ]