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

107. Power to permit conditional release of offenders
(1) Where any person has been convicted on indictment of any offence punishable with imprisonment, and the court is of opinion that, having regard to the character, antecedents, age, health, or mental condition of the person charged, or to the trivial nature of the offence, or to the extenuating circumstances under which the offence was committed, it is inexpedient to inflict any punishment or any other than a nominal punishment, the court may, in lieu of imposing a sentence of imprisonment, make an order discharging the offender conditionally on his entering into a recognizance, with or without sureties, to be of good behaviour and to appear for sentence when called on at any time during such period, not exceeding 3 years, as may be specified in the order. (Amended 12 of 1960 s. 3)
(2) The court may, where it makes an order under this section, further order that the offender shall pay such costs of the proceedings as the court thinks reasonable. (Amended 48 of 1972 s. 4)
(Replaced 27 of 1937 Schedule)[cf. 1907 c. 17 s. 1 (2) & (3) U.K.]

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

108. Provision in case of offender failing to observe conditions of release
(1) In any such case the court or a magistrate, if satisfied by information on oath that the offender has failed to observe any of the conditions of his recognizance, may issue a warrant for his apprehension, or may, if it or he thinks fit, instead of issuing a warrant in the first instance, issue a summons to the offender and his sureties (if any) requiring him or them to attend at such court as may be specified in the summons.
(2) The offender, when apprehended, shall, if not brought forthwith before the court, be brought before a magistrate.
(3) The magistrate before whom an offender on apprehension is brought, or before whom he appears in pursuance of such summons as aforesaid, may remand him in custody or on bail until he can be brought before the court.
(4) An offender so remanded to custody may be committed during remand to a prison, or, if he is a child or young person under the age of 16, to a place of detention provided under the Juvenile Offenders Ordinance (Cap. 226).
(5) The court, on being satisfied that a person bound by his recognizance to appear for conviction and sentence has failed to observe any condition of his recognizance, may forthwith, without further proof of his guilty, convict and sentence him for the original offence.
(Replaced 2 of 1937 Schedule)[cf. 1907 c. 17 s. 6 U.K.]

109. Conditions as to abode of sureties
The court, before directing the release of an offender under section 107, shall be satisfied that the sureties, if any, have fixed places of abode or regular occupation in Hong Kong.
(Amended 39 of 1999 s. 3)[cf. 1887 c. 25 s. 3 U.K.]

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

109A. Restriction on imprisonment of persons between 16 and 21 years of age
(1) No court shall sentence a person of or over 16 and under 21 years of age to imprisonment unless the court is of opinion that no other method of dealing with such person is appropriate; and for the purpose of determining whether any other method of dealing with any such person is appropriate the court shall obtain and consider information about the circumstances, and shall take into account any information before the court which is relevant to the character of such person and his physical and mental condition.
(1A) This section shall not apply to a person who has been convicted of any offence which is declared to be an excepted offence by Schedule 3. (Added 5 of 1971 s. 10A. Amended 58 of 1994 s. 4)
(2) In this section court (法庭) includes the District Court and a magistrate. (Amended 35 of 1976 s. 11)
(Added 66 of 1967 Schedule)[cf. 1948 c. 58 s . 17 (2) U.K.]

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

109AB. Recall orders
(1) Where the Commissioner of Correctional Services is satisfied that a person against whom a supervision order under subsection (1) of section 109AA is in force has failed to comply with the order, he may, if such person earned remission under rule 69 of the Prison Rules (Cap. 234 sub. leg. A) in respect of the period of imprisonment which ended on his release from prison referred to in that subsection, make a recall order against him requiring him to return to prison. (Amended E.R. 1 of 2018)
(2) Subject to subsections (3) and (4), a person against whom a recall order is made under subsection (1) may be detained in prison for a period equivalent to the amount of the remission that was earned by him.
(3) The Commissioner of Correctional Services may at any time release a person who is detained pursuant to a recall order under subsection (1).
(4) A recall order under subsection (1) shall cease to have effect where the person against whom it was made—
(a) is ordered to serve a term of imprisonment;
(b) is ordered to be detained in an addiction treatment centre under the Drug Addiction Treatment Centres Ordinance (Cap. 244);
(c) is ordered to be detained in a training centre under the Training Centres Ordinance (Cap. 280);
(d) is made the subject of a probation order under section 3 of the Probation of Offenders Ordinance (Cap. 298); or
(e) attains the age of 26.
(Added 14 of 1980 s. 2)

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

109AC. Arrest etc. of persons unlawfully at large
(1) If a person against whom a recall order is made under section 109AB(1) is at large at the time it is made, he shall be deemed to be unlawfully at large.
(2) A police officer may, if he reasonably suspects that a recall order under section 109AB(1) is in force against a person and that that person is unlawfully at large, arrest him and take him to a prison.
(2A) An officer of the Correctional Services Department specified in a supervision order made under section 109AA in respect of a person against whom a recall order has been made under section 109AB(1) or such other officer of that Department as the Commissioner of Correctional Services may substitute for the officer so specified by a variation of the terms of that supervision order may, if he reasonably suspects that that recall order is in force against that person and that that person is unlawfully at large, arrest him and take him to a prison. (Added 14 of 1988 s. 2)
(3) Any period during which a person against whom a recall order under section 109AB(1) is in force is unlawfully at large shall be disregarded in calculating the period for which he may be detained under the recall order, unless the Chief Executive otherwise directs in a particular case. (Amended 39 of 1999 s. 3)
(Added 14 of 1980 s. 2)