REHABILITATION OF OFFENDERS ORDINANCE

REHABILITATION OF OFFENDERS ORDINANCE

19

LAWS OF HONG KONG

REHABILITATION OF OFFENDERS ORDINANCE

CHAPTER 297

Lim--

REVISED EDITION 1986

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 297

REHABILITATION OF OFFENDERS

To rehabilitate offenders who have not been reconvicted for 3 years,

to prevent unauthorized disclosure of their previous convictions

and for connected purposes.

[1 August 1986.]

1. This Ordinance may be cited as the Rehabilitation of Offenders
Ordinance.

2. (1) Where-

(a)an individual has been convicted in Hong Kong (before or
after the commencement of this Ordinance) of an offence in
respect of which he was not sentenced to death, imprisonment
or to a fine exceeding $5,000;

(b)he has not been convicted in Hong Kong on any earlier day
of an offence; and

(c)a period of 3 years has elapsed without that individual being
again convicted in Hong Kong of an offence,

then, for so long as that individual is not again convicted in Hong
Kong of an offence

(i)no evidence shall be admissible in any proceedings which
tends to show that that individual was so convicted in Hong
Kong;

(ii)any question asked of that individual or any other person
relating to, or any obligation imposed on that individual or
any other person to disclose, that individual's previous
convictions, offences, conduct or circumstances shall be
treated as not referring to that conviction; and

(iii)that conviction, or any failure to disclose it shall not be a
lawful or proper ground for dismissing or excluding that
individual from any office, profession, occupation or
employment or for prejudicing him in any way in that office,
profession, occupation or employment.

(2) The period of 3 years mentioned in subsection (1)(c) shall be
reckoned from the date on which the individual was sentenced for the
offence mentioned in subsection (1)(a), save that, in the case of an
individual sentenced to detention in a training or detention centre, that
period shall be reckoned from expiry of the period of supervision
following release from that detention.

(3) The payment or recovery of a fixed penalty, or any additional
penalty, under the Fixed Penalty (Traffic Contraventions) Ordinance or
the Fixed Penalty (Criminal Proceedings) Ordinance is a conviction for
the purposes of paragraph (a) of subsection (1) but not for the
purposes of any other provision of that subsection.





(4) For the purposes of paragraph (a) of subsection (1)-

(a)'imprisonment' does not include detention in a reforma-
tory school, in a detention centre, in a place of detention
or in a training centre;

(b)a sentence of imprisonment or a fine shall be such a
sentence, whether or not it is suspended or postponed;

(c)an individual is not sentenced to imprisonment where he is
detained as a consequence of failing to pay a fine;

(d)conviction of an offence in respect of which an individual is
not sentenced to imprisonment or to a fine exceeding
$5,000 includes convictions on the same day of more than
one offence in respect of which he is not sentenced to
imprisonment or to fines exceeding $5,000 in total; and

(e)'offence' does not include an offence of contravening
section 20(2) or 24 of the Societies Ordinance or of
contravening section 19, 20(1), 21, 22 or 23 of that Ordin-
ance in circumstances in which the unlawful society is, or is
deemed to be, a Triad Society.

(5) For the purposes of this section and sections 3 and 4,
proceedings' means any proceedings in Hong Kong by any court,
body or person having power to determine any application by, or
any question affecting the rights, privileges, obligations or liabilities
of, any person or to receive evidence affecting the determination of
any such application or question.

(6) For the purposes of paragraphs (i), (ii) and (iii) of subsec-
tion (1) and section 3, a conviction shall include-

(a) the offence which was the subject of that conviction;

(b) the conduct or circumstances constituting that offence; and

(c)anything relating to that conviction which, if disclosed,
would tend to show that the individual committed, was
charged with, was prosecuted for, was convicted of or was
sentenced for the offence which was the subject of the
conviction.

3. (1) Nothing in section 2 shall affect-

(a) the recovery of any fine or other sum adjudged to be paid;

(b)any proceedings in respect of a breach of a condition or
requirement imposed following a conviction; or

(c)the operation of any law under which the individual is
subject to any disqualification, disability, prohibition or
other penalty.

(2) Nothing in section 2 shall affect the determination of any
issue, or prevent the admission or requirement of any evidence,
relating to the conviction-





(a) in any proceedings relating to the interests of an infant;

(b)in any proceedings where the individual expressly consents
to the admission of evidence relating to the conviction; or

(e)in any proceedings where the tribunal is satisfied that
justice cannot be done except by the admission of evidence
relating to the conviction.

4. (1) Section 2 shall not apply to

(a)proceedings in respect of a person's admission as, or
disciplinary proceedings against a person practising as, a
barrister, a solicitor or an accountant;

(b)disciplinary proceedings against a person holding a pre-
scribed public office;

(c)proceedings relating to a person's suitability to be granted,
or to continue to hold, any licence, permit or dispensation,
or to be registered, or continue to be registered, under any
law;

(d)proceedings relating to a person's suitability to be appoint-
ed to, or continue in, any prescribed public office; and

(e) proceedings under the Insurance Companies Ordinance-
(i) relating to a person's suitability to be authorized as
an insurer; or
(ii) by the Insurance Authority in the exercise of the
powers conferred on him by sections 27 to 35 of that
Ordinance.

(2) Section 2 shall not apply to any question asked by or on
behalf of any person, in the course of the duties of his office or
employment, or any obligation to disclose information to that
person in the course of those duties, in order to assess the suitability
of another person-

(a) for admission as a barrister, solicitor or accountant; or

(b)for the grant of, or to continue to hold, any licence, permit
or dispensation, or for registration, or to continue to be
registered, under any law; or

(c) for appointment to any prescribed public office; or

(d)to be authorized as an insurer under the Insurance Com-
panies Ordinance.

(3) Section 2 shall not apply to-

(a)any dismissal or exclusion of an individual from practising
as a barrister, solicitor or accountant or from any pre-
scribed public office; or

(b)any action taken for the purposes of safeguarding the
security of Hong Kong.





5. Nothing in this Ordinance shall apply to any action for
defamation begun

(a) before the commencement of this Ordinance; or

(b)after the commencement of this Ordinance in relation to an
alleged defamation committed before the commencement of
this Ordinance or before the lapse of the period mentioned in
section 2(1)(c).

6. (1) Subject to subsections (4) and (5), any person who has or, at
any time, has had custody of or access to any records kept by a public
officer relating to persons convicted of offences, or any information
contained therein, and who, otherwise than in the course of his duties
as a public officer, discloses any information specified in subsection (3)
to any other person commits an offence and is liable to a fine of $20,000.

(2) Any person who obtains any information specified in
subsection (3) from any record kept by a public officer by means of any
fraud or dishonesty commits an offence and is liable to a fine of $50,000
and to imprisonment for 6 months.

(3) The information mentioned in subsections (1) and (2) is any
information contained in the records mentioned in those subsections
which tends to show that a named or otherwise identifiable individual to
whom section 2(1) applies committed, was charged with, was
prosecuted for, was convicted of or was sentenced for an offence.

(4) The Governor may, in such circumstances as he thinks fit,
authorize the disclosure of any information specified in subsection (3)
and subsection (1) shall not apply to any person acting under that
authority.

(5) The individual to whom section 2(1) applies may authorize the
disclosure of any information specified in subsection (3) which relates
to him and subsection (1) shall not apply to any person acting under
that authority.

7. [Amendments incorporated]

8. [Amendments incorporated]

9. (1) The public offices mentioned in the Schedule are prescribed
public offices for the purposes of this Ordinance.

(2) The Governor in Council may by order published in the
Gazette amend the Schedule.

SCHEDULE [s. 9.1

PRESCRIBED PUBLIC OFFICES

1 Any judicial office.

2.Any office of police officer, including a cadet, in the Royal Hong Kong Police Force or the Royal
Hong Kong Auxiliary Police Force.





3. Any office in the Correctional Services Department to which a person is
appointed under section 3 of the Prisons Ordinance. (Cap. 234.)
4. Any office of principal probation officer or probation officer to which a person is
appointed under section 9 of the Probation of Offenders Ordinance. (Cap. 298.)
5. Any office in the Customs and Excise Service mentioned in the First Schedule to
the Customs and Excise Service Ordinance.(Cap. 342.)
6. Any office in the Immigration Service mentioned in the Schedule to the
Immigration Service Ordinance. (Cap. 331.)
7. Any office occupied, or to be occupied, by an officer on or above Point 31 on the
Master Pay Scale.
8. Any office occupied, or to be occupied, by an officer on the Directorate or
Directorate (Judicial/Legal Group) Pay Scale.
9. Any person holding any rank in the Fire Services Department set out in the Sixth
Schedule to the Fire Services Ordinance.(Cap. 95.)
Originally 55 of 1986. Short title. Protection of rehabilitated individual. (Cap. 237.) (Cap. 240.) (Cap. 151.) Exceptions relating to proceedings. Further exceptions. (Cap. 41.) (Cap. 41.) Exception relating to defamation actions. Disclosure of information. Prescribed public offices. Schedule. (Cap. 234.) (Cap. 298.) (Cap. 342.) (Cap. 331.) (Cap. 95.)

Originally 55 of 1986. Short title. Protection of rehabilitated individual. (Cap. 237.) (Cap. 240.) (Cap. 151.) Exceptions relating to proceedings. Further exceptions. (Cap. 41.) (Cap. 41.) Exception relating to defamation actions. Disclosure of information. Prescribed public offices. Schedule. (Cap. 234.) (Cap. 298.) (Cap. 342.) (Cap. 331.) (Cap. 95.)

https://oelawhk.lib.hku.hk/items/show/3147

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