COMMUNITY SERVICE ORDERS ORDINANCE

COMMUNITY SERVICE ORDERS ORDINANCE

LAWS OF HONG KONG

COMMUNITY SERVICE ORDERS ORDINANCE

CHAPTER 378





CHAPTER 378

COMMUNITY SERVICE ORDERS ORDINANCE

ARRANGEMENT OF SECTIONS

Section ............................. page

PART I

GENERAL

1. Short title................................ ... ... ... ... ... ... 2

2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2
3. Application ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2

PART II

COMMUNITY SERVICE ORDERS

4. Power to make community service orders ... ... ... ... ... ... ... 2
5. Contents and copies of community service orders ... ... ... ... ... ... ... 3
6. Obligations of offenders under community service orders. etc. ... ... ... .. 4
7. Duration of community service orders ... ... ... ... .11 ... ... ... ... 4

PART III

BREACHES AND VARIATION OF COMMUNITY SERVICE ORDERS

8. Breach of section 6 . ... .. * ... ... ... ... ... ... 5

9. Commission of further offences ... ... ... ... ... ... ... ... 6
10. Variation and revocation of community service orders ... ... ... ... ... ... 7
11. Court to give notice of revocation or variation of community service orders 8

PART IV

MISCELLANEOUS

12. Breach of community service order not for jury to decide ... ... ... ... 9
13. Power to amend Schedule . .. ... ... ... ... ... ... ... ... ... ... ... 9
14. Power to make regulations ... ... ... ... ... ... ... ... ... ... ... - 9
15. Transitional ... ... ... ... ... ... ... - ... ... ... ... ... ... ... 9

Schedule. Type of work ... ... ... ... ... ... ... ... ... .. ... . . ... .... 9





CHAPTER 378

COMMUNITY SERVICE ORDERS

To make pi.oi,isioii for criminal offenders to be required to perforin
unpaid it.ork qf beiz~fit'to the coninnalit ' v in place of, or in
addition to, othersentences, andfor incidental matters.

[23 November 1984.]

PART I

GENERAL

1. This Ordinance may be cited as the Community Service Orders
Ordinance.

2. (1) In this Ordinance. unless the context otherwise requires

'community service order- means an order made under section 4(1);

'court' includes a magistrate;

-offender- means a person in respect of whom a community service
order is in force or a court is considering making such an order,

-principal probation officer- means the person appointed to be the
principal probation officer under section 9 of the Probation of
Offenders Ordinance;

-probation officer- means a person appointed to be a probation officer
under section 9 of the Probation of Offenders Ordinance.

-supervising probation officer- means the supervising probation officer
referred to in section 5(3).

(2) An offence is to be treated as punishable with imprisonment for
the purposes of this Ordinance notwithstanding any prohibition or
restriction imposed by any Ordinance on the imprisonment of young
offenders.

3. The power to make community service orders may be exercised
by any court sitting at a particular place where that court is notified by
the Director of Social Welfare that facilities for the administration of
community service order are available in respect of orders made at that
place.

PART II

COMMUNITY SERVICE ORDERS

4. (1) Where a person of or over 14 years of age is convicted of an
offence punishable with imprisonment. the court which sentences him
for that offence may make an order requiring him to





perform, during the life of the order, unpaid work in accordance with
this Ordinance for such number of hours. not exceedinL, 240, as may be
specified in the order.

(2) A community service order may be made against an offender

(a) in addition to any other sentence that the court imposes. or

(b)instead of any other sentence that the court may impose,
unless such other sentence is mandatory.

(3) A court shall not make a community service order against an
offender unless

(a) the offender consents to the making of such an order; and

(b) the court is satisfied-

(i) after considering a report by a probation officer about
the offender and his circumstances and, if the court thinks it
necessary, hearing a probation officer, that the offender is a
suitable person to perform work under such an order; and

(ii) that provision can be made for the offender to perform
work under such an order.

(4) More than one community service order may be made by one
or more courts in respect of the same offender so as to be in force at the
same time provided that the total number of hours that remain to be
spent by the offender in performing work under the orders does not at
any time exceed 240.

(5) Before making a community service order the court shall
explain to the offender in ordinary language

(a)the purpose and effect of the order (and in particular the
conditions and requirements that may be specified in it under
section 5(1) and the requirements of section 6(1));

(b)the consequences which may follow under section 8 if he
fails to comply with any of those conditions and
requirements or under section 9 if he commits an offence
during the period of the community service order; and

(e)that the court has under section 10 the power to review the
order on application either of the offender or of the
supervising probation officer.

5. (1) A court Which makes a community service order

(a)may specify in the order conditions to be complied with by
the offender during the period that the order is in force;

(b)shall specify in the order a place at which or a person to
whom, and a time when or within which, the offender shall
present himself for the purpose of enabling the administration
of the order to commence;





(c) shall forthwith give a copy of the order to the offender and
send a copy of it to the principal probation officer.

(2) The principal probation officer shall ensure that a copy of any
community service order which is sent to him under subsection (1)(c) is
supplied to the offender's supervising probation officer.

(3) An offender's supervising probation officer shall be-

(a)the probation officer appointed or assigned to the area in
which the offender from time to time resides, or such other
probation officer as the principal probation officer nominates;
and

(b) in the case of a female offender, a woman.

6. (1) Where a community service order is in force against an
offender, he shall

(a)perform, for the number of hours specified in the order, such
work and at such times as may be directed by his supervising
probation officer;

(b) perform that work in a satisfactory manner;

(c)comply with any conditions and requirements specified in the
order under section 5(1);

(d)comply with any reasonable direction of his supervising
probation officer including any direction designed to enable
that officer to provide rehabilitative counselling and guidance;
and

(c)immediately notify his supervising probation officer of any
change in his address.

(2) The directions given by a supervising probation officer for the
purposes of subsection (f) shall, so far as practicable, take account of
the offender's religious beliefs and the times if any, when he normally
works or attends a school or other educational establishment.

(3) The type of work that an offender may be required to perform
under a community service order shall be that specified in the Schedule.

7. A community service order shall remain in force against an
offender until

(a)the offender has performed the work required under it for the
number of hours specified in it;

(b)the expiration of a period of 12 months commencing on the
date on which the order was made or, where that period is
extended under section 10(1), the expiration of that period as
so extended; or

(c) the order is revoked under section 8, 9 or 10,

whichever first occurs.





PART III

BREACHES AND VARIATION OF COMMUNITY SERVICE
ORDERS

8. (1) An offender who fails to comply with section 6(1) (whether
by reason of a failure satisfactorily to comply with the conditions or
requirements of his community service order., or otherwise) may be
dealt with in accordance with this section.

(2) If at any time while a community service order is in force in
respect of an offender it appears on information to a magistrate that the
offender has failed to comply with section 6(1), the magistrate may issue
a summons requiring the offender to appear before a magistrate at the
time specified therein, or may, if the information is in writing and on
oath, issue a warrant for his arrest.

(3) If it is proved to the satisfaction of the magistrate before whom
an offender appears or is brought under this section that he has failed
without reasonable excuse to comply with section 6(1) the magistrate
may, without prejudice to the continuance of the order. impose on him a
fine not exceeding $1.000 or may

(a)if the community service order was made by a magistrate
evoke the order and deal with the offender. for the offence in
respect of which the order was made. in any manner in which
the. offender could have been dealt with for that offence by
the magistrate who made the order if the order had not been
made;

(b)if the order was made by the High Court or District Court.
commit the offender to custody or release him on bail (with or
without sureties) until he can be brought or appear before the
High Court or District Court, as the case may be.

(4) Where a magistrate deals with an offender's case under
subsection (3)(b)

(a)the magistrate shall send to the High Court or District Court a
certificate signed by the magistrate certifying that the
offender has failed to comply with section 6(1) in the respect
specified in the certificate, together with such other
particulars of the case as are in the opinion of the magistrate
desirable, and a certificate purporting to be so ' signed shall
upon its production be admissible without further proof as
evidence before the High Court or District Court of the failure
to comply; and

(b) where the offender is brought or appears before the High
Court or District Court and that court is satisfied that he
has failed - failed to comply with section 6(1), that court may
either-

(i) without prejudice to the continuance of the order,
impose on the offender a fine not exceeding $1,000; or





(ii) revoke the order and deal with the offender, for the
offence in respect of which the order was made, in any manner
in which the offender could have been dealt with for that
offence by the court which made the order if the order had not
been made.

(5) A fine imposed under this section in respect of a failure to
comply with section 6(1) shall be deemed for the purposes of any
enactment to be a sum adjudged to be paid by a conviction.

9. (1) An offender who commits an offence whilst a community
service order is in force in respect of him (in this section referred to as 'a
subsequent offence') may be dealt with in respect of the subsequent
offence and of any offence for which the community service order ' was
made (in this section referred to as 'an original offence') in accordance
with this section.

(2) An offender who is convicted and sentenced by a court in
respect of a subsequent offence may in addition be sentenced by that
court, if it considers it expedient to do so, for an original offence in any
manner in which the court that made the community service order could
have sentenced the offender if it had just convicted him of the original
offence:

Provided that

(a)a magistrate or a juvenile court shall not by virtue of this
subsection sentence an ofTender for the original offence if the
community service order was made by the High Court or the
District Court; and

(b)the District Court shall not by virtue of this subsection
sentence an offender for the original offence if the community
service order was made by the High Court.

(3) Where a court sentences an offender under subsection (2) it
may revoke. or vary the terms of, any community service order which is
in force in respect of him, or make no order in respect of it.

(4) Where-

(a)a magistrate or a juvenile court convicts an offender of a
subsequent offence that was committed whilst a community
service order made by the High Court or the District Court was
in force in respect of him; or

(b)the District Court convicts an offender of a subsequent
offence that was committed whilst a community service order
made by the High Court was in force in respect of him,

the court that convicts the offender may, if it thinks fit, without
proceeding to sentence order that the offender appear or be brought
before the court by which the community service order was made to be
dealt with under subsection (7), and for this purpose may commit him to
custody or release him on bail (with or without sureties); and a court
that so orders shall send to the High Court or the District Court, as the
case may be, a copy of the record of the conviction for the subsequent
offence.





(5) If it appears-

(a)to a judge of a court by which a community service order was
made.. or

(b)in the case of a community service order made by a magistrate
or a juvenile court, to a magistrate or a Justice of the peace,

that an offender has been convicted by any court of a subsequent
offence, and has been dealt with for that offence but not sentenced
under this section for an original offence. the judge. magistrate, or
justice of the peace may issue a summons requiring the offender to
appear before the court that made the community service order. at the
time specified in the summons. or may issue a warrant for his arrest
requiring him to be brought before that court and dealt with under
subsection (7):

Provided that a magistrate or justice of the peace shall riot issue a
warrant except on information in writing and on oath.

(6) If a warrant issued under this section directs an offender to be
brought before the High Court or the District Court. and the offender
cannot forthwith be brought before that court, the warrant shall have
effect as if it directed hirn to be brought before a magistrate or a
juvenile court and such macyistrate or juvenile court shall corrimit hinn
to custody or release him oil bail with or XX without sureties until he can
be brought before the High Court or District Court, as the case may be.

(7) Where it is proved to the satisfaction of the court before which
an offender appears or is brought under subsection (4). (5) or (6) that
the offender has been convicted of a subsequent offence. the court

(a)may sentence him for an original offence in any manner in
which the court that made the community service order could
have sentenced him if it had just convicted him of the original
offence, and may revoke, or vary the terms of. any community
service order that is in force in respect of him or may make no
order in respect of it. and

(b)where the offender appears or is brought before the court
under subsection (4). may also sentence him for the
subsequent offence in any manner in which the court that
convicted him of the subsequent offence could have
sentenced him.

10. (1) Where a community service order is in force in respect of an
offender. a magistrate, on the application of the offender or his



supervising probation officer-

(a)may. upon any of the Srounds specified in subsection (2), if
the community service order was made by a Magistrate--





(i) . extend in relation to the order the, period of 12 months
specified in section 7(b);

(ii) reduce the number of hours that the offender is required
by the order to spend performing work; or

(iii) revoke the order', and deal with the offender for the
offence in respect of which the order was made in any manner
in which he could have been dealt with for that offence by the
court which made the order if the order had not been made;

(b)may, if the community service order was made by the High
Court or District Court, commit the offender to custody or
release him on bail until he can be brought or appear before
the High Court or District Court as the case may be and if the
magistrate does so, he shall send to that Court such
particulars of the case as in the opinion of the magistrate are
desirable.

(2) The grounds upon which a magistrate may vary or revoke a
community service order under this section are

(a)that there has been a change of circumstances since the order
was imposed that would justify the variation or revocation of
the order;

(b)that it is no longer necessary in the interests of the community
or the offender that the order should continue;

(c)that no or no more suitable service is available to be
performed by the offender for the purpose of the order;

(d) that because of incapacity or for humanitarian or other
reasons considered sufficient by the magistrate, it will be
impossible for the offender to perform the service before ' ore
the order expires, or that it would be unreasonable to
require him to do so.

(3) Where in pursuance of subsection (1)(b) the offender is
brought or appears before the High Court or District Court, the Court
may, upon the grounds specified in subsection (2), deal with the
offender in any manner . er specified in subsection (1)(a).

(4) Where a magistrate proposes to exercise his powers under this
section otherwise than on the application of the offender he shall
summon him to appear before the court and, if he does not appear in
answer to the summons. may issue a warrant for his arrest.

11. Where any court revokes. or extends, or otherwise varies, a
community service order it shall forthwith give to the offender, and send
to the offender's supervising probation officer and to the principal
probation officer., a copy of its order revoking, extending or otherwise
varying the community service order.





PART IV

MISCELLANEOUS

12. In proceedings before the High Court under this Ordinance,
any question whether an offender has failed to comply with section
6(1), or has been convicted of an offence committed during the period
that a community service order was in force, shall be determined by the
court and not by the verdict of a jury.

13. The Governor in Council may by order amend the Schedule and
in so doing may specify work by reference to the person for whom, or
the place where, it is to be performed, or in any other way.

14. The Governor in Council may make regulations for the better
carrying out of the purpose and provisions of this Ordinance.

15. A court may make a community service order against a person
who is convicted of an offence before the date on which the court
acquires the power to make such an order provided that he has not
already been sentenced for the offence.

SCHEDULE [ss. 6(3) &
13.]

TYPE OF WORK

(1)Work at or for any hospital, or at or for any charitable. education. cultural. or
recreational institution or organization.

(2)Work at or for any other institution or organization. for old. infirm or
handicapped persons.

(3)Work on any land of which the Crown or any public body is the owner or
lessee or occupier, or any land that is administerea. maintained or kept clean
by the Crown or any public body.
Originally 78 of 1984. Short title. Interpretation. (Cap. 298.) Application. Power to make community service orders. Contents and copies of community service orders. Obligations of offenders under community service orders, etc. Schedule. Duration of community service orders. Breach of section 6. Commission of further offences. Variation and revocation of community service orders. Court to give notice of revocation or variation of community service orders. Breach of community service order not for jury to decide. Power to amend. Schedule. Power to make regulations. Transitional.

Originally 78 of 1984. Short title. Interpretation. (Cap. 298.) Application. Power to make community service orders. Contents and copies of community service orders. Obligations of offenders under community service orders, etc. Schedule. Duration of community service orders. Breach of section 6. Commission of further offences. Variation and revocation of community service orders. Court to give notice of revocation or variation of community service orders. Breach of community service order not for jury to decide. Power to amend. Schedule. Power to make regulations. Transitional.

https://oelawhk.lib.hku.hk/items/show/3419

1964

v24

378

10