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

109I. Power to bind over to keep the peace
A judge, a District Judge or a magistrate shall have, as ancillary to his jurisdiction, the power to bind over to keep the peace, and power to bind over to be of good behaviour, a person who or whose case is before the court, by requiring him to enter into his own recognizances or to find sureties or both, and committing him to prison if he does not comply.
(Added 47 of 1997 s. 10)[cf. 1968 c. 69 s. 1 U.K.]

110. Preparation of list of persons making default on recognizance
(1) The Registrar shall, once a month, make out a list or lists of persons bound by recognizance to appear or to do any other thing, or who have been bound for the appearance of any other person or for his doing any other thing, and who have made default, or whose principal, or other person for whom they are so bound, has made default, to appear or to do such other thing; and the Registrar shall, if he is able to do so, state the cause why such default has been made. (Amended 50 of 1911; 1 of 1912 Schedule; 17 of 1931 s. 2; 63 of 1971 s. 7)
(2) The list or lists so made out shall be examined, and, if necessary, corrected and signed by the judge, and shall be delivered by the Registrar to the bailiff. (Amended 17 of 1931 s. 2)
[cf. 1826 c. 64 s. 31 U.K.]

111. Issue of writ of execution
A writ of execution shall be issued from the Registrar’s office against every such person who is liable on a recognizance in respect of any such default, and shall be delivered to the bailiff; and such writ shall be the authority of the bailiff for levying and recovering such forfeited recognizance on the real and personal property of such person and for taking into custody the body of such person, in case sufficient real or personal property is not found whereon levy may be made.

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

112. Apprehension and detention of person making default where recognizance is unsatisfied
Every person who is arrested under the provisions of section 111 shall be committed to prison and be there kept until ordered to appear before the court on such day as the Registrar may appoint, there to abide the decision of the court, unless in the meantime the forfeited recognizance, or a sum of money in lieu or satisfaction thereof, is paid, together with all costs and expenses in consequence of his arrest and detention:
Provided that if any person so arrested and imprisoned gives to the bailiff good and sufficient bail for his appearance before the court on the appointed day, to abide the decision of the court, and for the payment of the forfeited recognizance or a sum of money in lieu or satisfaction thereof, together with such costs as may be awarded by the court, then it shall be lawful for the bailiff, and he is hereby required, forthwith to cause such person to be discharged out of custody.(Amended 50 of 1911 s. 4; 63 of 1971 s. 8)

113. Failure of such person when released to appear on appointed day
If such person fails to appear before the court on the appointed day in pursuance of his undertaking in that behalf, the court may order that a writ of execution be issued from the Registrar’s office against the surety or sureties of the person so bound as aforesaid, and such writ shall be delivered to the bailiff, who shall proceed as therein directed: (Amended 63 of 1971 s. 9)
Provided that the court may, in its discretion, order the discharge of the whole or any part of the forfeited recognizance or of the sum of money paid or to be paid in lieu or satisfaction thereof.

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

113A. Power of court to fine
(1) Where a person is convicted of any offence, other than an offence for which the sentence is fixed by law, the court may, if it is not precluded from sentencing him by the exercise of some other power (such as the power to make a probation order under section 3 of the Probation of Offenders Ordinance (Cap. 298)), impose a fine in lieu of or in addition to dealing with such person in any other way in which the court has power to deal with him, subject however to any enactment requiring him to be dealt with in a particular way.
(2) If the court imposes a fine on any person under subsection (1), the court may make an order—
(a) allowing time for the payment of the amount of the fine; and
(b) directing payment of that amount by instalments of such amounts and on such dates respectively as may be specified in the order. [cf. 1973 c. 62 s. 31 U.K.]
(3) If the court imposes a fine on any person under subsection (1), the court shall make an order fixing a term of imprisonment not exceeding 12 months which that person is to undergo if any sum which he is liable to pay is not duly paid.
(4) In this section, court (法庭) includes the District Court.
(Added 50 of 1981 s. 4)[cf. 1973 c. 62 s. 30 (1) U.K.]

113B. Levels of fines for offences
(1) Where an Ordinance provides for a fine for an offence by reference to a level, the fine applicable for the offence is the amount shown for that level in Schedule 8.
(2) Where a provision in an Ordinance specifies a level of fine that may be prescribed under subsidiary legislation, the level specified is a reference to the level as set out in Schedule 8.
(3) The Chief Executive in Council may by regulation amend the amounts set out in Schedule 8 to reflect his opinion of the effect of inflation on the value of the amounts set out in the Schedule since the date when the Schedule came into operation or since the date that the amounts in the Schedule were last amended. (Amended 39 of 1999 s. 3)
(Added 58 of 1994 s. 2)

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

116. Effect of pardon
In every case where either a free or conditional pardon is granted to any person, the discharge of the offender in the case of a free pardon, and the performance of the condition, in the case of a conditional pardon, shall have the same effect as a pardon has in the like cases under the public seal.
(Amended 50 of 1911; 21 of 1912 s. 2)[cf. 1827 c. 28 s. 13 U.K.]

117. Recording of pardon
(1) Whenever the Chief Executive is pleased to grant to any offender a pardon under the public seal, the Registrar shall be bound, on the direction of the Chief Executive, to record such pardon in the book to be kept by him for that purpose and to endorse such pardon with the word “Recorded” and with his signature. (Amended 50 of 1911; 21 of 1912 s. 2; 39 of 1999 s. 3)
(2) Every such pardon shall be valid and effectual for all purposes whatsoever, and it shall be the duty of all courts, judges, magistrates, officers, and others, on production thereof, to take notice of and to give effect to the same.
(Amended 24 of 1993 s. 12)

118. Saving of prerogative of mercy
Subject as hereinbefore provided, nothing in this Ordinance shall affect the power vested in the Chief Executive to pardon offences or commute penalties.
(Amended 50 of 1911; 1 of 1912 Schedule; 39 of 1999 s. 3)

119. Prohibition of proceedings in error
No proceeding in error shall be taken upon any trial under the provisions of this Ordinance.