PRISONERS (RELEASE UNDER SUPERVISION) REGULATIONS

PRISONERS (RELEASE UNDER SUPERVISION) REGULATIONS

PRISONERS (RELEASE UNDER SUPERVISION)
REGULATIONS

(Cap. 325, section 20)

[1 July 1988.1

1. These regulations may be cited as the Prisoners (Release under
Supervision) Regulations.

2. In these regulations, unless the context otherwise requires

'applicant' means a person who has applied under section 6 of the
Ordinance for an order for his release from imprisonment or under
section 12(1) or 16(1) for a review;

'chairman' means the person serving as chairman of the Board under
section 3(a) of the Ordinance.

3. (1) The Board shall meet as often as is necessary, and at such
times and places as the chairman may appoint, for the purposes of
considering the cases of applicants.

(2) At meetings of the Board 3 members of the Board shall form a
quorum.

(3) The chairman shall preside at meetings of the Board, and if the
chairman is absent the members present shall appoint from among
themselves a member to preside at that meeting.

4. (1) Before it considers an applicant's case the Board shall inform
him in writing that he has the right to make written representations to
the Board within such time as the Board may specify.

(2) Any representations made under this regulation by an applicant
shall be considered by the Board when considering his case.

5. (1) Where the Board so directs, and the applicant consents, a
member of the Board designated by the Board may interview an
applicant.

(2) After the applicant is interviewed he shall be given an
opportunity within such time as the Board may specify to make any
written representations, in addition to any earlier representations that he
may have made, which he wishes to be considered by the Board.

(3) A member of the Board who has interviewed an applicant shall
make a report of the interview in writing to the Board.

(4) A report on the applicant made under paragraph (3) shall be
considered by the Board when it considers his case.





6. When considering an applicant's case the Board shall give effect
to the matters mentioned in the First Schedule and shall have regard to
such other matters as in the opinion of the Board are relevant to the
case.

7. Conditions that may, under section 7(3) of the Ordinance, be
specified for inclusion in a supervision order may relate to matters
referred to in the Second Schedule.

8. Where the Board recommends release under supervision under
the Ordinance the Board shall when so recommending provide a written
report, and a copy of any report made under regulation 5(3), to the
Governor.

9. Supervision orders, and orders for the reimprisonment of
persons pursuant to section 14(4) of the Ordinance, shall be in such
form as the Commissioner may specify.

FIRST SCHEDULE

[reg. 6.]

Matters to be considered by the Board

1 No applicant shall be recommended for release from imprisonment under
the Ordinance unless the Board has had the opportunity to examine the following

(a)a report of the Superintendent of the prison relating to the conduct in
prison of the applicant, including any recommendations which the staff
of the prison have made;

(b)any report that was prepared for the court of trial to assist the trial judge
or magistrate, as the case may be, in determining sentence;

(e) any recorded observations of the trial judge or magistrate, as the case
may

(d)

(e)

be, in passing sentence;
any medical reports on the applicant that are available to the Board;
any report and recommendation which the Commissioner of Police has
made for the Board.

2. In determining whether to make a recommendation that an applicant
should be released under supervision under the Ordinance the Board, in addition to
any other matters which it considers relevant to its deliberations, shall consider the
following in relation to the applicant

(a)his personality, maturity, stability, sense of responsibility and any
apparent development in personality which may promote or hinder his
capacity to comply with the law and with conditions in his supervision
order;

(b) the adequacy of supervision available for his supervision order;

(c)his ability and readiness to assume obligations and to undertake
responsibilities;

(d) his intelligence and training;

(e) his family circumstances;







(f) his associates before imprisonment;

(g) where he proposes to reside on release from imprisonment;

(h)any history of the use by him of drugs, or of involvement by him with
any person who holds a criminal record;

(i) his criminal record;





(j) his conduct in prison;

(k) his attitude towards authority and the law; and

(1)his conduct during any previous period of probation, care, supervision or
licence.

3. No applicant shall be recommended for release under supervision under the
Ordinance if the Board concludes that

(a) it is unlikely that he will comply with the conditions of his supervision
order;

(b)a supervision order in respect of the applicant would be inappropriate
having regard to the gravity of the offence for which the applicant was
sentenced to imprisonment; or

(c)continuing correctional treatment, medical care, or vocational or other
training in an institution of the Correctional Services Department would
substantially enhance the capacity of the applicant to lead a law-abiding
life if he were released at a later date.

SECOND SCHEDULE

[reg. 7.]

Conditions of a supervision order
Conditions in a supervision order may include conditions relating to the
applicant's-

(a) reporting requirements under the order;

(b) financial responsibilities towards his dependants;

(c) employment;

(d) place of residence;

(e) remaining within any geographical area;

(f) attendance for medical treatment;

(g)refraining from associating with persons who have a criminal record or
who have any connection with the offence for which he was sentenced;

(h)refraining from visiting any place connected with the offence for which he
was sentenced; and

(i) contributions (if any) for food and accommodation in a hostel.
L.N. 398/87. Citation. Interpretation. Meetings of the Board. Representations by the applicant. Interviewing the applicant. Matters to be considered by the Board. First Schedule. Conditions of a supervision order. Second Schedule. Reports of the Board. Forms.

L.N. 398/87. Citation. Interpretation. Meetings of the Board. Representations by the applicant. Interviewing the applicant. Matters to be considered by the Board. First Schedule. Conditions of a supervision order. Second Schedule. Reports of the Board. Forms.

https://oelawhk.lib.hku.hk/items/show/3240

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