Probation Of Offenders Ordinance


Published: 1997-06-30

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Cap 298 - PROBATION OF OFFENDERS ORDINANCE 1

Chapter: 298 PROBATION OF OFFENDERS ORDINANCE Gazette Number Version Date

Long title 30/06/1997


To provide for the probation of offenders.


[7 December 1956]

(Originally 57 of 1956)

Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Probation of Offenders Ordinance.

Section: 2 Interpretation 30/06/1997


(1) In this Ordinance, unless the context otherwise requires-
"approved institution" (核准院舍) means an institution approved under section 11;
"conditional discharge" (有條件釋放) means a conditional discharge made under the provisions of section 36 of the

Magistrates Ordinance (Cap 227) or section 107 of the Criminal Procedure Ordinance (Cap 221);
"principal probation officer" (首席感化主任) means the person appointed to be the principal probation officer under

section 9;
"probation officer" (感化主任) means a person appointed to be a probation officer under section 9;
"probation order" (感化令) has the meaning assigned to it by section 3;
"probation period" (感化期) means the period for which a probationer is placed under supervision by a probation

order;
"probationer" (受感化者) means a person for the time being under supervision by virtue of a probation order.

(Amended 26 of 1976 s. 2)
(2) For the purposes of this Ordinance, except section 3(7), where a probation order or an order for conditional

discharge has been made on appeal, the order shall be deemed to have been made by the court from which the appeal
was brought. (Added 7 of 1987 s. 2)

Section: 3 Probation 30/06/1997


(1) Where a court by or before which a person is tried for an offence (not being an offence the sentence for
which is fixed by law) is of opinion that having regard to the circumstances, including the nature of the offence and
the character of the offender, it is expedient to do so, the court may, after conviction, make a probation order, that is to
say, an order requiring him to be under the supervision of a probation officer for a period to be specified in the order
of not less than 1 year nor more than 3 years. (Replaced 54 of 1961 s. 2. Amended 20 of 1971 s. 2; 55 of 1986 s. 8)

(2) A probation order may in addition require the offender to comply during the whole or any part of the
probation period with such requirements as the court, having regard to the circumstances of the case, considers
necessary for securing the good conduct of the offender or for preventing a repetition by him of the same offence or
the commission of other offences:

Provided that (without prejudice to the power of the court to make an order under section 7(2)) the payment of
compensation under that section shall not be included among the requirements of a probation order. (Amended 48 of
1972 s. 4) [cf. 1948 c. 58 s. 3 U.K.]

(3) Without prejudice to the generality of subsection (2), a probation order may include requirements relating to
the residence of the offender:

Provided that-
(a) before making an order containing any such requirements, the court shall consider the home

surroundings of the offender; and
(b) where the order requires the offender to reside in an approved institution, the name of the institution



Cap 298 - PROBATION OF OFFENDERS ORDINANCE 2

and the period for which he is so required to reside shall be specified in the order, and that period shall
not extend beyond 12 months from the date of the order.

(4) Before making a probation order, the court shall explain, or cause to be explained, to the offender in a
language understood by him the effect of the order (including any additional requirements proposed to be inserted
therein under subsection (2) or (3)) and that if he fails to comply therewith or commits another offence he will be
liable to be sentenced for the original offence; and if the offender is not less than 14 years of age the court shall not
make the order unless he expresses his willingness to comply with the requirements thereof.

(5) A probationer shall be subject to the supervision of the probation officer appointed or assigned to the area in
which such probationer may from time to time reside, or to such other probation officer as the principal probation
officer may nominate.

(6) (Repealed 68 of 1995 s. 53)
(7) The court by which a probation order is made, or any court by which an order is made under section 4(2)

amending any such probation order, shall forthwith give copies of such order, or such amending order as the case may
be, to the probation officer responsible for the supervision of the probationer and he shall give a copy thereof to the
probationer and to the person in charge of any institution in which the probationer is or was by such order or such
amending order required to reside.

Section: 3A Restriction on punishment of probationer 30/06/1997


An offender in whose case a probation order is made shall not be sentenced further.
(Replaced 13 of 1995 s. 2)


Section: 4 Discharge, amendment and review of probation orders 25 of 1998 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2


(1) Any court may upon application made by the probation officer responsible for the supervision of an
offender or by a probationer discharge a probation order:

Provided that if the probation order was made by the Court of First Instance or by the District Court such order
shall not be discharged except by the court which made the order. (Replaced 54 of 1961 s. 3. Amended 25 of 1998 s.
2)

(2) Any court may, upon application made by the probation officer responsible for the supervision of an
offender or by a probationer, by order amend a probation order by cancelling any of the requirements thereof or by
inserting therein (either in addition to or in substitution for any such requirement) any requirement which could be
included in the order if it were then being made by that court in accordance with the provisions of section 3(2):
(Amended 54 of 1961 s. 3)

Provided that-
(a) a court shall not amend a probation order by reducing the probation period, or by extending that period

beyond the end of 3 years from the date of the original probation order; (Amended L.N. 587 of 1995)
(b) a court shall not so amend a probation order that the probationer is thereby required to reside in an

approved institution for any period exceeding 12 months in all; and (Amended 54 of 1961 s. 3)
(c) where the probation order was made by the Court of First Instance or the District Court, the order shall

not be amended except by the court which made the order. (Added 54 of 1961 s. 3. Amended 25 of
1998 s. 2) [cf. 1948 c. 58 Schedule 1 U.K.]

(3) Where a court proposes to amend a probation order under this section, otherwise than on the application of
the probationer, it shall summon him to appear before the court; and if the probationer is not less than 14 years of age,
the court shall not amend a probation order unless the probationer expresses his willingness to comply with the
requirements of such probation order as amended:

Provided that this subsection shall not apply to an order cancelling a requirement of a probation order or
reducing the period of any requirement thereof.

(4)-(5) (Repealed 76 of 1979 s. 2)
(6) Where, under any of the provisions of this Ordinance, a probation order is discharged or amended or the

probationer is sentenced for the offence for which he was placed on probation, the court shall send for the record in
which the original order of probation appears and shall endorse thereon any order it may make or any sentence it may



Cap 298 - PROBATION OF OFFENDERS ORDINANCE 3

pass, as the case may be, and where the probationer is sentenced for the offence for which he was placed on probation,
the probation order shall cease to have effect. (Replaced 54 of 1961 s. 3)

Section: 5 Breach of requirements of probation order 25 of 1998 01/07/1997


Remarks:
Adaptation amendments retroactively made-see 25 of 1998 s. 2


(1) If at any time during the probation period it appears on information to a magistrate that the probationer has
failed to comply with any of the requirements of the order, the magistrate may issue a summons requiring the
probationer to appear at the place and time specified therein, or may, if the information is in writing and on oath, issue
a warrant for his arrest. (Amended 54 of 1961 s. 4)

(2) If it is proved to the satisfaction of the magistrate's court before which a probationer appears or is brought
under this section that the probationer has failed to comply with any of the requirements of the probation order, the
court may, without prejudice to the continuance of the probation order, caution him or impose on him a fine not
exceeding $500, or may- (Amended 54 of 1961 s. 4; 76 of 1979 s. 3)

(a) if the probation order was made by a magistrate's court, deal with the probationer for the offence in
respect of which the probation order was made, in any manner in which the court could deal with him
if he had just been tried for or convicted of that offence by or before that court or refer the case to the
court by which the probation order was made;

(b) if the probation order was made by the Court of First Instance or District Court, commit him to custody
or release him on bail (with or without sureties) until he can be brought or appear before the Court of
First Instance or the District Court, as the case may be. (Amended 25 of 1998 s. 2)

(3) Where the magistrate's court deals with the case as provided in subsection (2)(b), then-
(a) the court shall send to the Court of First Instance or the District Court a certificate signed by the

magistrate, certifying that the probationer has failed to comply with such of the requirements of the
probation order as may be specified in the certificate, together with such other particulars of the case as
may be desirable; and a certificate purporting to be so signed shall be admissible as evidence of the
failure before the Court of First Instance or District Court; and

(b) where the probationer is brought or appears before the Court of First Instance or District Court, and it
is proved to the satisfaction of such court that he has failed to comply with any of the requirements of
the probation order, the court may deal with him, for the offence in respect of which the probation
order was made, in any manner in which the court could deal with him if he had just been tried for or
convicted of that offence by or before that court. (Amended 25 of 1998 s. 2)

(4) A fine imposed under this section in respect of a failure to comply with the requirements of a probation
order shall be deemed for the purposes of any enactment to be a sum adjudged to be paid by a conviction (which
expression includes any costs or compensation adjudged to be paid by the conviction of which the amount is
ascertained by the conviction). (Amended 54 of 1961 s. 4; 48 of 1972 s. 4)

[cf. 1948 c. 58 s. 6 U.K.]

Section: 6 Commission of further offence 25 of 1998; 17 of

1999
01/07/1997



Remarks:
Adaptation amendments retroactively made-see 25 of 1998 s. 2; 17 of 1999 s. 3


(1) If it appears to a judge or magistrate on whom jurisdiction is hereinafter conferred that a person in whose
case a probation order or an order for conditional discharge has been made has been convicted by any court in Hong
Kong of an offence committed during the probation period or during the period of conditional discharge, and has been
dealt with in respect of that offence, the judge or magistrate may issue a summons requiring that person to appear at
the place and time specified therein, or may issue a warrant for his arrest: (Amended 17 of 1999 s. 3)

Provided that a magistrate shall not issue such a warrant except on information in writing and on oath.
(2) The following persons shall have jurisdiction for the purposes of subsection (1), that is to say-

(a) if the probation order or the order for conditional discharge was made by the Court of First Instance, a
judge of the Court of First Instance;



Cap 298 - PROBATION OF OFFENDERS ORDINANCE 4

(b) if the order was made by the District Court, a district judge;
(c) if the order was made by a magistrate's court, or juvenile court, a magistrate. (Amended 47 of 1997 s.

10)
(3) A summons or warrant issued under this section shall direct the person so convicted to appear or be brought

before the court by which the summons or warrant was issued or before the court by which the probation order or the
order for conditional discharge was made: (Amended 54 of 1961 s. 5)

Provided that if that court is the Court of First Instance or the District Court and he cannot forthwith be brought
before that court a summons or warrant shall have effect as if it directed him to be brought before a magistrate's court
or juvenile court and such magistrate's court or juvenile court shall commit him to custody or release him on bail with
or without sureties until he can be brought or appear before the Court of First Instance or District Court, as the case
may be.

(4) If a person in whose case a probation order or an order for conditional discharge has been made by the
Court of First Instance or the District Court is convicted by a magistrate's court in respect of an offence committed
during the probation period or during the period of conditional discharge, the magistrate's court may order that he be
brought or appear before the court by which the order was made if the magistrate considers it expedient to do so, and
for this purpose may commit him to custody or release him on bail (with or without sureties); and if the magistrate's
court makes such an order, it shall send to the Court of First Instance or the District Court, as the case may be, a copy
of the minute or memorandum of the conviction entered in the register, signed by the magistrate. (Replaced 76 of
1979 s. 4)

(5) Where it is proved to the satisfaction of the court before which a probationer or a person subject to an order
for conditional discharge appears or is brought pursuant to this section that the person in whose case such order was
made has been convicted and, except in the case of an order under subsection (4), dealt with in respect of an offence
committed during the probation period, or during the period of conditional discharge, as the case may be, the court
may deal with him, for the offence for which the order was made, in any manner in which the court could deal with
him if he had just been tried for or convicted of that offence by or before that court. (Amended 54 of 1961 s. 5; 76 of
1979 s. 4)

(5A) Where a person has been ordered to be brought or appear before the Court of First Instance or District Court
under subsection (4), that court, after dealing with him under subsection (5) in respect of the original offence, may
deal with such person in respect of the offence referred to in subsection (4) in any manner in which he could be dealt
with by a magistrate's court for that offence, or order that he be brought or appear before the magistrate's court to be
dealt with in respect of that offence and for such purpose may commit him to custody or release him on bail (with or
without sureties); and if the Court of First Instance or District Court makes such an order it shall send to the
magistrate's court a copy of every order or sentence made or imposed, signed by the judge. (Added 76 of 1979 s. 4)

(6) If a person in whose case a probation order or an order for conditional discharge has been made by a
magistrate's court is convicted before the Court of First Instance or District Court or another magistrate's court of an
offence committed during the probation period or during the period of conditional discharge, the Court of First
Instance or the District Court or such other magistrate's court may deal with him, for the offence for which the order
was made, in any manner in which the magistrate's court by which the order was made could deal with him if he had
just been tried for or convicted of that offence by or before that court. (Amended 54 of 1961 s. 5)

(Amended 25 of 1998 s. 2)

Section: 7 Supplementary provision as to probation and discharge 25 of 1998 01/07/1997


Remarks:
Adaptation amendments retroactively made-see 25 of 1998 s. 2


(1) Without prejudice to the provisions of section 15(j) of the Juvenile Offenders Ordinance (Cap 226) (which
enables a court to order the parent or guardian of a child or young person charged with an offence to give security for
his good behaviour), any court may, on making a probation order or an order for conditional discharge, if it thinks it
expedient for the purpose of the reformation of the offender, allow any person who consents to do so to give security
for the good behaviour of the offender; and section 64 of the Magistrates Ordinance (Cap 227) shall apply to any such
security as if it were a security given under the provisions of that Ordinance by a surety.

(2) A court, on making a probation order or an order for conditional discharge, may, without prejudice to its
power to award costs against him, order the offender to pay to any aggrieved person such compensation for-

(a) personal injury;



Cap 298 - PROBATION OF OFFENDERS ORDINANCE 5

(b) loss of or damage to property; or
(c) both such injury and loss or damage,

as it thinks reasonable; but in the case of an order made by a magistrate's court, the compensation shall not exceed
$5000. (Replaced 48 of 1972 s. 4)

(3) An order for the payment of compensation as aforesaid may be enforced in like manner as an order for the
payment of costs by the offender; and where a court, in addition to making such an order for the payment of
compensation to any person, orders the offender to pay to that person any costs, the orders for the payment of
compensation and for the payment of costs may be enforced as if they constituted a single order for the payment of
costs. (Amended 48 of 1972 s. 4)

(4) In proceedings before the Court of First Instance under the foregoing provisions of this Ordinance, any
question whether a probationer has failed to comply with the requirements of the probation order or has been
convicted of an offence committed during the probation period, and any question whether any person in whose case an
order for conditional discharge has been made has been convicted of an offence committed during the period of
conditional discharge, shall be determined by the court and not by the verdict of a jury. (Amended 25 of 1998 s. 2)

(5) When a court makes any order under the provisions of this section, then if the offender-
(a) is under 14 years of age, such order shall be enforced against the parent or guardian of the offender;
(b) is under 16 years of age, such order may be enforced either against the parent or guardian of the

offender or against the offender as to the court seems just in any particular case. [cf. No. 27 of 1951 s.
10(5) Singapore]

[cf. 1948 c. 58 s. 11 U.K.]

Section: 8 (Repealed 55 of 1986 s. 8) 30/06/1997




Section: 9 Appointment of probation officers 17 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 17 of 1999 s. 3


The Chief Executive may by notification in the Gazette appoint a principal probation officer, and probation
officers of either sex.

(Amended 17 of 1999 s. 3)

Section: 10 (Repealed 26 of 1976 s. 3) 30/06/1997




Section: 11 Approved institutions 17 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 17 of 1999 s. 3


The Chief Executive may by order approve premises for the reception of persons who may be required to reside
therein by a probation order, and such premises shall be known as approved institutions.

(Amended 17 of 1999 s. 3)
[cf. No. 27 of 1951 s. 12 Singapore]


Section: 11A Charges for food and accommodation 30/06/1997


If, with the permission of the superintendent of an approved institution, a probationer who resides in the
institution is employed outside the institution under a contract of service or apprenticeship, and is paid wages, the
superintendent may require the probationer to pay such charge in respect of his food and accommodation at the
institution as the principal probation officer, with the approval of the Financial Secretary, may determine.

(Added 23 of 1967 s. 2)




Cap 298 - PROBATION OF OFFENDERS ORDINANCE 6

Section: 12 Power to make rules L.N. 130 of 2007 01/07/2007


Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.


(1) The Secretary for Labour and Welfare may make rules providing for- (Amended 80 of 1997 s. 18; L.N. 106

of 2002; L.N. 130 of 2007)
(a) the duties of the principal probation officer;
(b) the duties of probation officers;
(c) (Repealed 26 of 1976 s. 4)
(d) the regulation, management and inspection of approved institutions;
(e) (Repealed 7 of 1987 s. 3)
(f) (Repealed 80 of 1997 s. 18)
(g) generally, the carrying into effect of the provisions of this Ordinance.

(2) The Chief Executive in Council may make rules providing for fees and charges to be made for any act,
matter or thing to be done or observed under this Ordinance. (Added 80 of 1997 s. 18. Amended 17 of 1999 s. 3)

Section: 12A Forms 30/06/1997


The Director of Social Welfare may specify the form of records to be kept under this Ordinance.
(Added 7 of 1987 s. 4)


Section: 13 Saving 30/06/1997


The provisions of this Ordinance shall be in addition to and not in derogation of the provisions of the Juvenile
Offenders Ordinance (Cap 226).

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