Community Service Orders Ordinance


Published: 1997-06-30

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Cap 378 - COMMUNITY SERVICE ORDERS ORDINANCE 1

Chapter: 378 COMMUNITY SERVICE ORDERS ORDINANCE Gazette Number Version Date

Long title 30/06/1997


To make provision for criminal offenders to be required to perform unpaid work of benefit to the community in place
of, or in addition to, other sentences, and for incidental matters.


[23 November 1984]


(Originally 78 of 1984)

Part: I GENERAL 30/06/1997




Section: 1 Short title 30/06/1997


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

Section: 2 Interpretation 30/06/1997


(1) In this Ordinance, unless the context otherwise requires-
"community service order" (社會服務令) means an order made under section 4(1);
"court" (法院、法庭) includes a magistrate;
"offender" (罪犯) 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" (首席感化主任) means the person appointed to be the principal probation officer under

section 9 of the Probation of Offenders Ordinance (Cap 298);
"probation officer" (感化主任) means a person appointed to be a probation officer under section 9 of the Probation of

Offenders Ordinance (Cap 298);
"supervising probation officer" (督導感化主任) 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.

Section: 3 Application 30/06/1997


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 30/06/1997




Section: 4 Power to make community service orders 30/06/1997


(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 exceeding 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-



Cap 378 - COMMUNITY SERVICE ORDERS ORDINANCE 2

(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

(c) 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.


Section: 5 Contents and copies of community service orders 30/06/1997


(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) (Repealed 68 of 1995 s. 54)

Section: 6 Obligations of offenders under community service orders,

etc.
30/06/1997



(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
(e) 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 (1) 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.

Section: 7 Duration of community service orders 30/06/1997


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;



Cap 378 - COMMUNITY SERVICE ORDERS ORDINANCE 3

(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
30/06/1997





Section: 8 Breach of section 6 25 of 1998 01/07/1997


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


(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 $1000 or may-

(a) if the community service order was made by a magistrate 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 magistrate who made the order if the order had not been
made;

(b) if the order was made by the Court of First Instance 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 Court of
First Instance or District Court, as the case may be. (Amended 25 of 1998 s. 2)

(4) Where a magistrate deals with an offender's case under subsection (3)(b)-
(a) the magistrate shall send to the Court of First Instance 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 Court of First Instance or District Court of the failure to comply;
and (Amended 25 of 1998 s. 2)

(b) where the offender is brought or appears before the Court of First Instance or District Court and that
court is satisfied that he has failed to comply with section 6(1), that court may either- (Amended 25 of
1998 s. 2)
(i) without prejudice to the continuance of the order, impose on the offender a fine not exceeding

$1000; 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.

Section: 9 Commission of further offences 25 of 1998 01/07/1997


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


(1) An offender who commits an offence whilst a community service order is in force in respect of him (in this



Cap 378 - COMMUNITY SERVICE ORDERS ORDINANCE 4

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 offender for the

original offence if the community service order was made by the Court of First Instance 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 Court of First Instance. (Amended 25 of 1998 s. 2)

(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 Court of First Instance 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 Court of First Instance 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 Court of First Instance or the District Court, as the case may be, a copy of the record of the
conviction for the subsequent offence. (Amended 25 of 1998 s. 2)

(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,

(Amended 47 of 1997 s. 10)
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 or magistrate 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):
(Amended 47 of 1997 s. 10)

Provided that a magistrate shall not issue a warrant except on information in writing and on oath. (Amended 47
of 1997 s. 10)

(6) If a warrant issued under this section directs an offender to be brought before the Court of First Instance or
the District Court, and the offender cannot forthwith be brought before that court, the warrant shall have effect as if it
directed him to be brought before a magistrate or a juvenile court and such magistrate or juvenile court shall commit
him to custody or release him on bail with or without sureties until he can be brought before the Court of First
Instance or District Court, as the case may be. (Amended 25 of 1998 s. 2)

(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.


Section: 10 Variation and revocation of community service orders 25 of 1998 01/07/1997


Remarks:



Cap 378 - COMMUNITY SERVICE ORDERS ORDINANCE 5

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


(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 grounds 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 Court of First Instance or District Court, commit
the offender to custody or release him on bail until he can be brought or appear before the Court of
First Instance 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. (Amended 25 of
1998 s. 2)

(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 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 Court of First
Instance or District Court, the Court may, upon the grounds specified in subsection (2), deal with the offender in any
manner specified in subsection (1)(a). (Amended 25 of 1998 s. 2)

(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.

Section: 11 Court to give notice of revocation or variation of

community service orders
30/06/1997



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 30/06/1997




Section: 12 Breach of community service order not for jury to decide 25 of 1998 01/07/1997


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


In proceedings before the Court of First Instance 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.

(Amended 25 of 1998 s. 2)




Cap 378 - COMMUNITY SERVICE ORDERS ORDINANCE 6

Section: 13 Power to amend Schedule 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.


The Secretary for Labour and Welfare 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.
(Amended 80 of 1997 s. 23; L.N. 106 of 2002; L.N. 130 of 2007)


Section: 14 Power to make regulations 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.


The Secretary for Labour and Welfare may make regulations for the better carrying out of the purpose and

provisions of this Ordinance.
(Amended 80 of 1997 s. 24; L.N. 106 of 2002; L.N. 130 of 2007)


Section: 15 Transitional 30/06/1997


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: SCHEDULE 29 of 1998 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 29 of 1998 s. 83


[sections 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 that is leased, occupied, administered, maintained or kept clean by the Government or any

public body. (Replaced 29 of 1998 s. 83)

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