Cap. 475 sub. leg. A

Post-Release Supervision of Prisoners Regulation(Cap. 475, section 23)(Enacting provision omitted—E.R. 2 of 2014)[30 November 1996] L.N. 506 of 1996(Format changes—E.R. 1 of 2022) 1. (Omitted as spent—E.R. 2 of 2014) 2. Specified sentences The following sentences are specified for the purpose of section 3(1)(b) of the Ordinance— (17 of 2018 s. 124)(a) a sentence of imprisonment of 6 years or more;(b) a sentence of imprisonment of 2 years or more but less than 6 years in respect of a conviction for—(i) any of the offences specified in Schedule 1;(ii) conspiracy to commit any of those offences;(iii) inciting another to commit any of those offences;(iv) attempting to commit any of those offences;(v) aiding, abetting, counselling or procuring the commission of any of those offences;(c) where a sentence of imprisonment specified in paragraph (a) or (b) is ordered to be served consecutively to some other sentence of imprisonment, or some other sentence of imprisonment is ordered to be served consecutively to a sentence of imprisonment specified in paragraph (a) or (b), that other sentence of imprisonment. 3. Meetings of the Board (1) The Board shall meet as often as is necessary, and at such times and places as the Chairman may appoint, for the purpose of considering the cases of prisoners to whom the Ordinance applies or any matter under Part 3 of the Ordinance. (E.R. 2 of 2014)(2) At any meeting of the Board 5 members, 2 of whom are the representatives of the Commissioner of Correctional Services and the Commissioner of Police respectively, shall be sufficient to constitute a quorum.(3) The Chairman shall preside at any meeting of the Board at which he is present, and if at any meeting of the Board the Chairman is not present—(a) if the Deputy Chairman is present, he shall preside;(b) in any other case, the members present shall elect from among themselves a member, not being the representative of the Commissioner of Correctional Services or the Commissioner of Police, to preside.(4) Any question for consideration by the Board shall be decided by a majority of the members present at a meeting, and in the case of an equality of votes the Chairman shall have a casting as well as deliberative vote. 4. Interviewing a prisoner (1) Where the Board so directs, and the prisoner consents, a member of the Board designated by the Board may interview a prisoner whose case the Board is to consider under Part 2 of the Ordinance. (E.R. 2 of 2014)(2) A member of the Board who has interviewed a prisoner shall submit a report of the interview in writing to the Board.(3) A report on a prisoner submitted under subsection (2) shall be considered by the Board when it considers his case. 5. Materials to be examined by the Board The Board shall not make an order under section 6 of the Ordinance unless it has had the opportunity of examining the materials specified in Schedule 2. 6. Service of documents Service of any document on a prisoner for the purpose of the Ordinance shall be duly effected if delivered to—(a) an address at which the prisoner is required to reside pursuant to the terms of a supervision order; or where there is no such requirement,(b) an address which the prisoner has notified to the Commissioner as an address for service; or where no such address has been notified,(c) the last known address of the prisoner. 7. Forms Supervision orders, and orders under Part 3 of the Ordinance, shall be in such form as the Commissioner may specify.(E.R. 2 of 2014) Schedule 1 [s. 2]Specified Offences Common law offences 1. Murder (E.R. 1 of 2022) 2. Manslaughter (E.R. 1 of 2022) Statutory offences Offence Description* 3. Societies Ordinance(Cap. 151) section 19(1), (2) being or claiming to be an office-bearer of an unlawful society section 20(2) being or professing to be a member of triad society section 21(1), (2) allowing unlawful society in building section 22(1), (2) inciting, etc., a person to become a member of an unlawful society section 23(1), (2) procuring a subscription or aid for an unlawful society section 24 contravention of an order made on a previous conviction under section 19 or 20 of the Societies Ordinance (Cap. 151) section 25 contravention of a prohibition order under section 8 of the Societies Ordinance (Cap. 151) 4. Crimes Ordinance(Cap. 200) section 24 threatening injury etc. with intent section 25 assault with intent to cause certain acts to be done or omitted sections 47, 48 incest section 53 causing an explosion likely to endanger life or property section 54 acting with intent to cause an explosion, or making or keeping explosive with intent to endanger life or property section 55 making or possession of explosive section 60 criminal damage and arson section 61 threats to destroy or damage property (L.N. 495 of 1996) section 62 possessing anything with intent to destroy or damage property (L.N. 495 of 1996) section 118 rape section 118A non-consensual buggery section 118B assault with intent to commit buggery section 118C homosexual buggery with or by a man under 16 (18 of 2014 s. 11) section 118D buggery with a girl under 21 section 118E buggery with a mentally incapacitated person (L.N. 495 of 1996; 21 of 2020 s. 64) section 118F (Repealed 18 of 2014 s. 11) section 118J gross indecency by a man with another man section 118L bestiality section 121 administering drugs to obtain or facilitate an unlawful sexual act section 122 indecent assault section 123 unlawful intercourse with a girl under 13 section 124 unlawful intercourse with a girl under 16 section 125 unlawful intercourse with a female mentally incapacitated person (21 of 2020 s. 64) section 135 causing or encouraging prostitution of, etc., a girl or boy under 16 section 137 living on the earnings of prostitution section 146 indecent conduct towards a child under 16 section 148 (Repealed L.N. 495 of 1996) For the avoidance of doubt, where an offence under a section of the Crimes Ordinance (Cap. 200) may, by virtue of section 153P of that Ordinance, be constituted by an act committed outside Hong Kong, a reference in this item to an offence under that section includes a reference to an offence so constituted. (31 of 2003 s. 25) 5. Theft Ordinance(Cap. 210) section 10 robbery section 12 aggravated burglary section 23(1), (3) blackmail section 23(4) possession of blackmail letter or writing 6. Offences against thePerson Ordinance(Cap. 212) section 5 conspiring or soliciting, etc., to commit murder section 10 administering poison or wounding with intent to murder section 11 destroying or damaging a building with intent to murder section 13 attempting to administer poison, or shooting, or attempting to shoot or drown, etc., with intent to murder section 14 attempting to commit murder by means not otherwise specified section 15 sending a letter threatening to murder section 17 wounding, shooting, etc., with intent section 19 wounding or inflicting grievous bodily harm section 22 administering poison, etc., so as to endanger life or inflict grievous bodily harm section 26 exposing a child whereby its life is endangered (L.N. 495 of 1996) section 27 ill-treatment or neglect of child or young person by those in charge section 28 causing bodily injury by gunpowder, etc. section 29 causing gunpowder to explode, etc., or throwing corrosive fluid, with intent to do grievous bodily harm section 30 placing gunpowder near building, etc., with intent to do bodily harm section 39 assault occasioning actual bodily harm section 42 forcible taking or detention of person, with intent to sell him or her section 43 stealing child under 14 years section 47B child destruction section 47C infanticide 7. Public Order Ordinance(Cap. 245) section 17C possession of offensive weapon at public meeting or procession section 28(1), (2) causing a bomb hoax section 33 possession of offensive weapon in a public place Others 8. An offence endangering national security (6 of 2024 s. 164) * Note: The short description of offences in this Schedule is for ease of reference only. Schedule 2 [s. 5]Materials to be Examined by the Board 1. A report and recommendation which the Commissioner of Correctional Services has made relating to the conduct in prison of the prisoner.2. A report and recommendation which the Commissioner of Police has made for the Board.3. 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.4. Any recorded observations of the trial judge or magistrate, as the case may be, in passing sentence.5. Any medical, psychological or psychiatric report on the prisoner that is available to the Board.