PRISONERS (RELEASE UNDER SUPERVISION) ORDINANCE

PRISONERS (RELEASE UNDER SUPERVISION) ORDINANCE

LAWS OF HONG KONG

PRISONERS (RELEASE UNDER

SUPERVISION) ORDINANCE

CHAPTER 325

REVISED EDITION 1987

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 325

PRISONERS (RELEASE UNDER SUPERVISION)
ORDINANCE

ARRANGEMENT OF SECTIONS

Section

PART I

PRELIMINAR
Y

Page

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

3..............................Establishment of the Release under Supervision Board ... ... ... ... ... 2

4.................Functions of the Board ...... ... ... ... ... ... ... ... ... ... ... 2

5.......................Limitation on the powers of the Board ... ... ... ... ... ... ... ... 3

PART 11

RELEASE UNDER
SUPERVISION

6. Application for release under a supervision order
7. Release under supervision

8.

9.
10.
11.
12.
13.

Release by the Commissioner and service of supervision order
Duration of supervision order ... ...
Requirements of release under supervision
Absence from the hostel

Review ................................. ... ... ... ... ... ... ... ... 5

Offence of failing to comply with a supervision order ... ... ... ... ... ... 5

PART Ill

REVOCATION OF SUPERVISION
ORDER

14.....................Revocation of supervision order ... ... ... ... ...

15. Action to be taken by Commissioner on reimprisonment

16.....................Review following reimprisonment ... ...

17. Computation of period of imprisonment

PART IV







MISCELLANEOU
S

18. Decisions final
19. Governor's powers

20.........Regulations ... ...
21.
22.

Ancillary amendment of section 109AA of Criminal Procedure Ordinance ...

Transitional ...

....... ...

6

6
7
7
7
7





CHAPTER 325

PRISONERS (RELEASE UNDER SUPERVISION)

To provide for the release of prisoners under supervision on the
recommendation of an advisory board,. and for connected
purposes.

[1 July 1988.1

PART I

PRELIMINARY

1. This Ordinance may be cited as the Prisoners (Release under
Supervision) Ordinance.

2. In this Ordinance, unless the context otherwise requires-

'Board' means the Release under Supervision Board established under
section 3;

'Commissioner' means the Commissioner of Correctional Services;

'hostel' means a building or portion of a building set aside as a hostel
under section 24B of the Prisons Ordinance;

'prisoner' includes a person who has been released from imprisonment
under this Ordinance;

'supervision order' means a supervision order made by order of the
Governor under section 7(1) or (2).

3. There shall be a Release under Supervision Board which shall
consist of not less than 5 members appointed by the Governor, and the
members so appointed shall include

(a)a person who holds or has held judicial office, who shall be
the chairman;

(b)a medical practitioner appearing to the Governor to have
experience in psychiatry; and

(c)persons appearing to the Governor to have experience of, or
an active interest in, the rehabilitation of offenders.

4. The Board shall consider-

(a) applications under section 6;

(b)the conditions to be specified by the Governor, and the
variation or cancellation of those conditions, under section
7(3);

(c) applications for review under sections 12(1) and 16(1);

(d)revocations that are proposed to be made under section 14(1);
and





(e) revocations that have been made under section 14(3),

and shall make such recommendations to the Governor as it thinks
fit in respect of those matters and of any other matters that it con-
siders under this Ordinance.

5. The Board shall not consider an application by a prisoner
under section 6 within 1 year after the date-

(a)of the refusal of an application made by him under that
section;

(b)of the revocation under section 14(1) or (3) of a supervision
order made in respect of him; or

(c)on which under section 14(2) a supervision order made in
respect of him ceases to have effect.

PART 11

RELEASE UNDER SUPERVISION

6. Not earlier than 6 months before a prisoner is eligible for
release under section 7(1) or (2), he may apply in writing to the
Governor through the Board for an order for his release under that
section subject to supervision.

7. (1) The Governor may, if the Board so recommends,
order that a prisoner who-

(a)is serving a sentence of imprisonment of 3 years or more
(other than imprisonment for life); and

(b)has served not less than one-half or 20 months of that
sentence (whichever is the greater),

be released from that imprisonment and be subject to supervision
under this Ordinance.

(2) The Governor may, if the Board so recommends, order
that a prisoner who-

(a)is serving a sentence of imprisonment of 2 years or more
(other than imprisonment for life); and

(b)is within 6 months of the expiry of his imprisonment
(taking into account remission under the Prison Rules),

be released from that imprisonment subject to supervision under this
Ordinance, and be required whilst under such supervision to reside
in a hostel and, as far as practicable, to obtain and remain in
employment whilst so residing.

(3) The Governor may after considering the recommendations
of the Board specify such conditions as he thinks fit to be included in





a supervision order and may at any time vary or cancel them, and such
conditions may include any conditions specified in regulations made
under section 20.

(4) A person who is

(a)sentenced to imprisonment in circumstances in which he is, by
virtue of section 5A(1)(a) or (2) of the Training Centres
Ordinance, subject to the provisions of that Ordinance on his
release from that imprisonment; or

(b)subject to a removal order or a deportation order made under
the Immigration Ordinance,

shall not be eligible to be released under this section.

8. (1) Where the Governor makes an order under section 7(1) or (2)
for the release of a prisoner under supervision, the Commissioner shall
cause a supervision order to be drawn up in accordance with regulations
made under section 20, containing such conditions as are specified by
the Governor under section 7(3), and to be served upon the prisoner,
and the prisoner shall be released.

(2) Where the Governor varies or cancels the conditions of a
supervision order under section 7(3), the Commissioner shall cause
written notice of the variation or cancellation to be served personally
upon the prisoner.

9. (1) A supervision order shall, unless previously revoked or
ceasing to have effect under section 14, remain in effect until the date on
which the prisoner in respect of whom it was made would have been
released from imprisonment if he had served his sentence of
imprisonment

(a)in the case of a supervision order made under section 7(1),
without remission under the Prison Rules;

(b)in the case of a supervision order made under section 7(2),
with any remission for which he is eligible under the Prison
Rules.

(2) The date until which a supervision order is to remain in effect in
accordance with subsection (1) shall be specified in the order.

10. A prisoner who is released from imprisonment subject to a
supervision order shall

(a)be subject to supervision by such person as shall be specified
by the Commissioner in the order; and

(b) comply with the requirements and conditions of the order.

11. (1) Where a prisoner is residing in a hostel by reason of a
supervision order made under section 7(2), the Commissioner may issue
a permit in writing permitting him to be absent from that hostel for a
period not exceeding 5 days subject to such conditions as the
Commissioner thinks fit.





(2) Any prisoner to whom a permit has been issued under this
section and who, without lawful excuse, does not return to the hostel
specified in that permit at or before the expiration of the period of
absence specified in the permit, or who fails to comply with any
condition imposed under subsection (1), commits an offence and is liable
to a fine of $5,000 and to imprisonment for 12 months.

(3) Any person may arrest without warrant any prisoner whom he
reasonably suspects to be guilty of an offence under subsection (2).

12. (1) Where the Governor refuses to make a supervision order in
respect of a prisoner, the Commissioner shall deliver to the prisoner
notice in writing of that fact and the prisoner may, within 14 days of
receipt of the notice, apply in writing to the Governor through the Board
for a review of the Governor's decision.

(2) On review, the Governor may, after considering the
recommendations of the Board, make a supervision order or make no
order.

(3) A prisoner may apply for only one review of a decision.

13. A person who, without lawful authority or reasonable excuse,
fails to comply with the conditions of a supervision order commits an
offence and is liable to a fine of $5,000 and to imprisonment for 12
months.

PART 111

REVOCATION OF SUPERVISION
ORDER

14. (1) The Governor may, after considering the recommendations
of the Board, revoke a supervision order and if he does so shall inform
the Commissioner of that fact.

(2) Where a person who is subject to a supervision order

(a) is convicted of an offence and sentenced to imprisonment

(other than a sentence that is suspended); or

(b) is also the subject of a suspended sentence that is ordered

to take effect under section 109C(1)(a) or (b) of the
Criminal Procedure Ordinance,

the supervision order shall cease to have effect.

(3) Where it appears to him that the public interest requires that a
person in respect of whom a supervision order is in effect be
reimprisoned immediately, the Commissioner may revoke that order.

(4) Where under this section a supervision order is revoked or
ceases to have effect, the Commissioner shall cause an order for the
reimprisonment of the person in respect of whom the supervision order
was made to be drawn up in accordance with regulations made





under section 20, and that person shall be arrested and surrendered into the
custody of the Commissioner, and the Commissioner shall reimprison him for
the remainder of his sentence.

(5) An arrest under subsection (4) may be effected without a warrant, by
any person.

15. (1) As soon as practicable after a person is reimprisoned under section
14(4), the Commissioner shall inform him of

(a) the reasons for his reimprisonment; and

(b)his right to apply for a review of his case under section 16(1).

(2) Where a person is reimprisoned under section 14(4)-

(a)the Commissioner shall report that fact to the Board as soon as
practicable; and

(b)the Board may, if it thinks fit, make recommendations to the
Governor in relation to that person, whether or not he has applied
for a review under section 16(1).

16. (1) A person who is reimprisoned under section 14(4) may, within 14
days of his reimprisonment, apply in writing to the Governor through the
Board for a review of his case, unless he is reimprisoned by reason of his
supervision order ceasing to have effect under section 14(2).

(2) The Governor may, after considering the recommendations of the
Board, order under section 7(1) or (2) the release of a person who has been
reimprisoned under section 14(4), or may make no order.

17. In computing the remaining period of a sentence to be served by a
person who has been reimprisoned under section 14(4)

(a)no remission shall be granted under the Prison Rules in respect of
that part of the sentence served before his release under the
supervision order; but

(b) the period to be served-

(i) shall be reduced by the period for which the supervision order
was in effect; and

(ii) may be further reduced by remission in accordance with the
Prison Rules in respect of that part of the sentence which is served
after the date of reimprisonment.

PART IV

MISCELLANEOUS

18. Subject to section 15(1), the Governor, the Board and the
Commissioner shall be under no obligation to give any reasons for their
decisions under this Ordinance, and those decisions shall be final and not be
subject to appeal to or review by any court.





19. (1) The Governor shall not be bound by any recommendation of
the Board.

(2) The Governor may delegate the exercise of any of his powers
under this Ordinance to the Secretary for Security.

20. The Governor in Council may make regulations for the better
carrying out of the provisions of this Ordinance and, in particular, may
provide for

(a) the procedure of the Board;

(b)matters to be considered by the Board in the exercise of its
functions under this Ordinance;

(c)without prejudice to the generality of section 7(3), conditions
which may be specified in a supervision order; and

(d) forms.

21. Section 109AA of the Criminal Procedure Ordinance is amended

(a) by deleting subsection (1) and substituting the following

'(1) In the case of a person who, before attaining the
age of 25 years, is released from imprisonment or
completes after such release a period of supervision
ordered under section 7(2) of the Prisoners (Release
under Supervision) Ordinance, the Commissioner of
Correctional Services shall, subject to subsections (1A)
and (2) of this section, make a supervision order under
this section if the sentence of imprisonment which that
person has served, or in respect of which the order under
section 7(2) of that Ordinance was made, was for a term

(Cap. 325)

(Cap. 325)

(a) of 3 months or more;

(b)other than in default of payment of a sum of
money; and

(c) which that person began to serve-

(i) before he attained the age of 21 years;
and

(ii) after 1 May 1980.'; and

(b) by inserting after subsection (1) the following-

'(1A) No supervision order shall be made under
subsection (1) on the release of a person from
imprisonment where he is so released subject to
supervision under section 7(1) of the Prisoners (Release
under Supervision) Ordinance.'.

22. This Ordinance shall apply to persons sentenced before it
comes into operation as it applies to persons sentenced thereafter.





LAWS OF HONG KONG

PRISONERS (RELEASE UNDER SUPERVISION)

ORDINANCE

CHAPTER 325

(SUBSIDIARY LEGISLATION)

REVISED EDITION 1987

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG
Originally 59 of 1987. L.N. 428/87. Short title. Interpretation. (Cap. 234.) Establishment of the Release under Supervision Board. Functions of the Board. Limitation on the powers of the Board. Application for release under a supervision order. Release under supervision. (Cap. 234, sub. leg.) (Cap. 280.) (Cap. 115.) Release by the Commissioner and service of supervision order. Duration of supervision order. (Cap. 234, sub. leg.) Requirements of release under supervision. Absence from the hostel. Review. Offence of failing to comply with a supervision order. Revocation of supervision order. (Cap. 221.) Action to be taken by Commissioner on reimprisonment. Review following reimprisonment. Computation of period of imprisonment. (Cap. 234, sub. leg.) Decisions final. Governor's powers. Regulations. Ancillary amendment if section 109AA of Criminal Procedure Ordinance. (Cap. 221.) Transitional.

Originally 59 of 1987. L.N. 428/87. Short title. Interpretation. (Cap. 234.) Establishment of the Release under Supervision Board. Functions of the Board. Limitation on the powers of the Board. Application for release under a supervision order. Release under supervision. (Cap. 234, sub. leg.) (Cap. 280.) (Cap. 115.) Release by the Commissioner and service of supervision order. Duration of supervision order. (Cap. 234, sub. leg.) Requirements of release under supervision. Absence from the hostel. Review. Offence of failing to comply with a supervision order. Revocation of supervision order. (Cap. 221.) Action to be taken by Commissioner on reimprisonment. Review following reimprisonment. Computation of period of imprisonment. (Cap. 234, sub. leg.) Decisions final. Governor's powers. Regulations. Ancillary amendment if section 109AA of Criminal Procedure Ordinance. (Cap. 221.) Transitional.

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