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

109B. Suspended sentences of imprisonment
(1) A court which passes a sentence of imprisonment for a term of not more than 2 years for an offence, other than an excepted offence, may order that the sentence shall not take effect unless, during a period specified in the order, being not less than 1 year nor more than 3 years from the date of the order, the offender commits in Hong Kong another offence punishable with imprisonment and thereafter a court having power to do so orders under section 109C that the original sentence shall take effect. (Amended 39 of 1999 s. 3)
(2) A court which passes a suspended sentence on any person for an offence shall not make a probation order in his case in respect of another offence of which he is convicted by or before the court or for which he is dealt with by the court.
(3) On passing a suspended sentence the court—
(a) may impose such conditions as it thinks fit;
(b) shall explain to the offender in ordinary language his liability under section 109C if during the operational period he commits an offence punishable with imprisonment or breaks any condition imposed under paragraph (a).
(4) If a court has passed a suspended sentence on any person, and that person is subsequently sentenced to detention in a training centre, he shall cease to be liable to be dealt with in respect of the suspended sentence unless the subsequent sentence or any conviction or finding on which it was passed is quashed on appeal.
(5) Subject to any provision to the contrary contained in this or any other Ordinance—
(a) a suspended sentence which has not taken effect under section 109C shall be treated as a sentence of imprisonment for the purposes of all Ordinances except any Ordinance which provides for disqualification for or loss of office, or forfeiture of pensions, of persons sentenced to imprisonment; and
(b) where a suspended sentence has taken effect under section 109C, the offender shall be treated for the purposes of the said excepted Ordinances as having been convicted on the ordinary date on which the period allowed for making an appeal against an order under section 109C expires or, if such an appeal is made, the date on which it is finally disposed of or abandoned or fails for non-prosecution.
(Added 5 of 1971 s. 11)[cf. 1967 c. 80 s. 39 U.K.]

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

109D. Court by which suspended sentence is to be dealt with
(1) An offender may be dealt with in respect of a suspended sentence by any court before which he appears or is brought.
(2) Where an offender is convicted by a magistrate of an offence punishable with imprisonment and the magistrate is satisfied that the offence was committed during the operational period of a suspended sentence passed by the Court of First Instance or the District Court— (Amended 25 of 1998 s. 2)
(a) the magistrate may, if he thinks fit, commit him in custody or on bail to the court having power to deal with him in respect of the suspended sentence; and
(b) if he does not, shall give written notice of the conviction to the clerk of the court by which the suspended sentence was passed.
(3) The court to which a magistrate commits an offender under subsection (2) shall be the court by which the suspended sentence was passed, except that the magistrate may commit him to some other court if, having regard to the time when and the place where he is likely to be dealt with in respect of the suspended sentence by the court by which that sentence was passed, it would be more convenient that he should be dealt with by that other court.
(4) For the purpose of this section and section 109E a suspended sentence passed on an offender on appeal shall be treated as having been passed by the court by which he was originally sentenced.
(Added 5 of 1971 s. 11)[cf. 1967 c. 80 s. 41 U.K.]

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

109E. Discovery of further offences
(1) If it appears to a judge, a District Judge or a magistrate that an offender has been convicted in Hong Kong of an offence punishable with imprisonment committed during the operational period of a suspended sentence and that he has not been dealt with in respect of the suspended sentence, the judge, District Judge or magistrate may issue a summons requiring the offender to appear at the place and time specified therein, or may, subject to the following provisions of this section, issue a warrant for his arrest. (Amended 39 of 1999 s. 3)
(2) A magistrate shall not issue a summons under this section except on information and shall not issue a warrant under this section except on information in writing and on oath.
(3) A summons or warrant issued under this section shall direct the offender to appear or to be brought before the court by which the suspended sentence was passed, but if a warrant is so issued requiring him to be brought before the Court of First Instance or the District Court and he cannot forthwith be brought before that court because that court is not being held, the warrant shall have effect as if it directed him to be brought before a magistrate and the magistrate shall commit him in custody or on bail to the Court of First Instance or District Court. (Amended 25 of 1998 s. 2)
(Added 5 of 1971 s. 11)[cf. 1967 c. 80 s. 42 U.K.]

109F. Breach of condition
If, during the operational period of a suspended sentence, an offender is guilty of the breach of any condition imposed on him by a court under section 109B(3)(a), he shall be liable to be dealt with as if, during such period, he had been convicted of an offence punishable with imprisonment.
(Added 5 of 1971 s. 11)

109G. Interpretation
In sections 109B, 109C, 109D, 109E and 109F—
court (法庭) includes the District Court and a magistrate; (Amended 35 of 1976 s. 12)
excepted offence (例外罪行) means an offence declared to be an excepted offence by Schedule 3; (Amended 58 of 1994 s. 4)
operational period (實施期間), in relation to a suspended sentence, means the period specified in an order made under section 109B(1).
(Added 5 of 1971 s. 11)