Cap. 524

An Ordinance to establish a board to review indeterminate and long-term prison sentences and the detention of persons detained at Executive discretion and certain other kinds of prison sentences and to provide for related matters. [30 June 1997] L.N. 377 of 1997(Format changes—E.R. 3 of 2021) (Enacting provision omitted—E.R. 3 of 2021) Part I Preliminary 1. Short title (Amended E.R. 3 of 2021)(1) This Ordinance may be cited as the Long-term Prison Sentences Review Ordinance.(2) (Omitted as spent—E.R. 3 of 2021) 2. Purposes of Ordinance The purposes of this Ordinance are as follows—(a) to provide for the review of prison sentences imposed on prisoners sentenced in Hong Kong to indeterminate or long-term sentences;(b) to provide for the review of detentions of persons detained at Executive discretion;(c) to provide for the review of sentences imposed on juvenile prisoners;(d) to provide for the review of sentences of prisoners who, having been convicted of offences outside Hong Kong and sentenced to indeterminate or long-term sentences for those offences, are serving all or part of those sentences at prisons in Hong Kong. 3. Application of Ordinance This Ordinance applies to and in relation to all long-term prisoners, prisoners serving indeterminate sentences, juvenile prisoners and transferred prisoners, whether their sentences were imposed before or after the commencement* of this section.Editorial Note:* Commencement date: 30 June 1997. 4. Interpretation (1) In this Ordinance, unless the context otherwise requires—addiction treatment centre (戒毒所) has the same meaning as in section 2 of the Drug Addiction Treatment Centres Ordinance (Cap. 244);Board (委員會) means the Long-term Prison Sentences Review Board established by this Ordinance;Commissioner (署長) means the Commissioner of Correctional Services;conditional release order (有條件釋放令) means an order made under section 15(1)(b);correctional services officer (懲敎人員) means an officer of the Correctional Services Department;court (法院) includes a judge or magistrate; discretionary life sentence (酌情性終身監禁刑罰) means— (a) a sentence of imprisonment for life where the maximum sentence that could be imposed for the relevant offence was life imprisonment; and (b) a sentence of imprisonment for life under section 2 of the Offences against the Person Ordinance (Cap. 212) in respect of a person convicted of murder who was under 18 years of age at the time of the offence; (Amended 6 of 1998 s. 4) Executive discretion (行政酌情決定) means— (a) for the period beginning on the date of commencement* of this section and ending on 30 June 1997—Her Majesty’s pleasure; and (b) on and after 1 July 1997—the discretion of the Chief Executive; function (職能) includes a power and an authority; indeterminate sentence (無限期刑罰) means— (a) a mandatory life sentence or a discretionary life sentence; or (b) detention at Executive discretion; juvenile prisoner (青少年囚犯) means a prisoner who has not yet reached 21 years of age;long-term prisoner (長刑期囚犯) means a prisoner who is serving a determinate sentence of 10 years or more;mandatory life sentence (強制性終身監禁刑罰) means a sentence of imprisonment for life where the only sentence that could be imposed for the relevant offence was life imprisonment;minimum term (最低刑期), in relation to a sentence, means a minimum term of imprisonment specified or determined under section 67B or 67C of the Criminal Procedure Ordinance (Cap. 221); (Amended 6 of 1998 s. 4; 22 of 2004 s. 6)prisoner (囚犯) includes a person who is released under a conditional release order or a supervision order;regulation (規例) means a regulation made under this Ordinance; sentence (刑罰) means— (a) a sentence of imprisonment; or (b) detention at Executive discretion, and includes a sentence of imprisonment imposed by a court outside Hong Kong where all or part of the sentence is permitted to be served at a prison in Hong Kong; supervision order (監管令) means an order made under section 15(1)(c);transferred prisoner (被移交囚犯) means a prisoner who, having been sentenced to an indeterminate sentence or a long term sentence by a court outside Hong Kong, is permitted to serve all or part of the sentence at a prison in Hong Kong.(2) For the purposes of this Ordinance, consecutive sentences are to be regarded as a single sentence equal to the sum of the terms of those sentences.Editorial Note:* Commencement date: 30 June 1997. Part II Long-term Prison Sentences Review Board 5. Establishment of Board (1) There is established by this Ordinance a board called the “Long-term Prison Sentences Review Board”. (Amended E.R. 3 of 2021)(2) The Board has the functions conferred, and the duties imposed, on it by or under this or any other Ordinance.(3) The Board is not a servant or agent of the Government and no status, immunity or privilege of the Government attaches to the Board. 6. Composition of Board (1) The Board is to consist of not more than 11, and not fewer than 8, members appointed by the Chief Executive.(2) Subject to subsection (3), of the members—(a) 2 must be judges or former judges of the Court of First Instance; and (Amended 25 of 1998 s. 2)(b) one must be a registered medical practitioner who is or was formerly a specialist in psychiatry; and(c) one must be a person who is or was formerly a practising psychologist; and(d) one must be a person who, in the opinion of the Chief Executive, has expertise and experience in performing social work; and(e) one must be a barrister or solicitor; and(f) one must be a person who, in the opinion of the Chief Executive, has expertise and experience in the field of education; and(g) one must be a person engaged in industry or commerce.(3) The Chief Executive—(a) must be of the opinion that not less than 1 of the members referred to in subsection (2) has expertise and experience in the rehabilitation of offenders; and(b) where he is of that opinion in respect of any such member, must state that he is of that opinion in the appointment of the member.(4) The 2 judicial members are to be respectively appointed, by the documents by which they are appointed as members or by some other document signed by or under the authority of the Chief Executive, as President and Deputy President of the Board.(5) Schedule 1 has effect with respect to the Board.(Amended 15 of 1999 s. 3) 7. Principal function of Board The principal function of the Board is to conduct reviews of the following kinds of sentences—(a) indeterminate and long-term sentences of prisoners sentenced in Hong Kong;(b) the detention of prisoners at Executive discretion;(c) the sentences of juvenile prisoners;(d) indeterminate and long-term sentences of transferred prisoners. 8. Principles on which Board is required to exercise or perform its functions and duties The Board must have primary regard to the following principles when exercising its functions or performing its duties in relation to a prisoner—(a) in any case where the prisoner has not been completely rehabilitated, the rehabilitative effect of releasing the prisoner from detention before the unremitted part of the prisoner’s sentence is served;(b) the benefits to the prisoner and to the community arising from the prisoner being supervised after release with a view to securing, or increasing the likelihood of securing, the prisoner’s rehabilitation (in any case where the prisoner has not been completely rehabilitated) and successful reintegration into the community;(c) whether the part of the prisoner’s sentence already served is sufficient, in all the circumstances (in particular given the nature of the offence for which the prisoner is being detained), to warrant consideration being given to having the prisoner released from detention early;(d) the need to protect members of the community from reasonably foreseeable harm that could be inflicted by the prisoner as a result of having been released from detention early. 9. Board may delegate functions and duties The Board may delegate to the President any of its functions and duties, except this power of delegation and the Board’s functions and duties relating to reviewing prisoners’ sentences, amending or revoking conditional release orders and amending or suspending the operation of supervision orders. 10. Staff of Board The Secretary for Security must make available from among the officers employed in the service of the Government a Secretary to the Board and such other staff as may be necessary to enable the Board to exercise its functions and perform its duties. Part III Review of Sentences 11. Duty of Commissioner to refer cases of prisoners to Board for review (1) The Commissioner must refer to the Board for review the sentences of prisoners as provided by this section.(1A) However, if a prisoner serves a sentence in respect of the prisoner’s conviction of an offence endangering national security, the Commissioner must not refer to the Board for review the sentence of the prisoner under this section unless the Commissioner is satisfied that an early release of the prisoner will not be contrary to the interests of national security. (Added 6 of 2024 s. 176)(1B) To avoid doubt, subsection (1A) applies whether the sentence of the prisoner mentioned in that subsection was imposed before, on or after the commencement* of that subsection. (Added 6 of 2024 s. 176)(1C) If the Commissioner decides under subsection (1A) not to refer to the Board for review the sentence of the prisoner, the Commissioner must, after making the decision, review the decision every 2 years. (Added 6 of 2024 s. 176)(2) Subject to subsection (3A), the sentence of a prisoner serving a long-term prison sentence or a mandatory life sentence is to be referred for review as soon as practicable after the fifth anniversary of the date of the start of the sentence and as soon as practicable after each subsequent second anniversary of that date. In the case of a prisoner who has, before the commencement# of this section, served more than 5 years of a long-term prison sentence or of a mandatory life sentence, the sentence is, after that commencement, to be referred for review as soon as practicable after the same anniversaries of the date of the start of the sentence as would have been the case if this subsection had been in force at the start of the sentence. (Amended 6 of 1998 s. 4)(3) If a prisoner is serving a discretionary life sentence or is detained at Executive discretion, the sentence is to be referred for review as soon as practicable after the relevant date and as soon as practicable after each subsequent second anniversary of that date.(3A) If a prisoner is serving a mandatory life sentence in respect of the conviction of murder committed when he was under 18 years of age, the sentence is to be referred for review as soon as practicable after the relevant date and as soon as practicable after each subsequent second anniversary of that date. (Added 6 of 1998 s. 4)(4) For the purposes of subsections (3) and (3A), the relevant date is— (Amended 6 of 1998 s. 4)(a) in the case of a prisoner sentenced after the commencement of this section, the day that is 6 months before the earlier of—(i) the date on which the minimum term specified for the sentence is due to end; and(ii) the fifth anniversary after the start of the sentence; and(b) in the case of a prisoner sentenced before that commencement, the date on which the minimum term is determined for the sentence.(5) Despite subsections (3) and (3A), the sentence of a prisoner who is serving a discretionary life sentence or is detained at Executive discretion is to be referred for review as soon as practicable after the day that is 6 months before the date on which the minimum term specified or determined in respect of the prisoner is due to end and then as soon as practicable after each subsequent second anniversary of that day. (Amended 6 of 1998 s. 4)(6) If a prisoner who is serving a determinate sentence for an offence was under 21 years of age at the time of conviction for the offence, the sentence is to be referred for review as soon as practicable after each anniversary of the date of the start of the sentence and then, when the prisoner reaches that age, as soon as practicable after each subsequent second anniversary of that date.(7) If—(a) a prisoner who is serving at a prison in Hong Kong the whole or a part of an indeterminate or long-term sentence imposed by a court outside Hong Kong; and(b) the prisoner has served at least 3 years of the sentence outside Hong Kong,the sentence is to be referred for review as soon as practicable after each second anniversary of the date on which the prisoner returned to Hong Kong.(8) If—(a) a prisoner who is serving at a prison in Hong Kong the whole or a part of an indeterminate or long-term sentence imposed by a court outside Hong Kong; and(b) the prisoner has served less than 3 years of the sentence outside Hong Kong,the sentence is to be referred for review as soon as practicable after the date on which the prisoner completed 5 years of the sentence (including any part of the sentence that has been served outside Hong Kong) and as soon as practicable after each subsequent second anniversary of that date.(9) As soon as practicable after the sentence of a prisoner who is serving an indeterminate sentence is converted by the Chief Executive to a determinate one, the sentence is to be referred for review. The referral must include or be accompanied by a report and recommendation of the Commissioner with respect to the prisoner. (Amended 22 of 2004 s. 7)(10) Where any right, privilege, obligation or liability has been acquired, accrued or incurred under the repealed rule, then this section shall, with all necessary modifications, apply to and in relation to any such right, privilege, obligation or liability, as the case may be, as if such right, privilege, obligation or liability, as the case may be, had been acquired, accrued or incurred under this section.(11) In subsection (10), repealed rule (已廢除規則) means rule 69A of the Prison Rules (Cap. 234 sub. leg. A) as in force at any time before the rule was repealed by this Ordinance. Editorial Note: * Commencement date: 23 March 2024. # Commencement date: 30 June 1997. 12. Duty of Board to review prisoners’ sentences (1) The Board must review the sentences of prisoners referred to it under section 11 or 28 or by the Chief Executive. However, the Board must not review the sentence of a prisoner in respect of whom an order under section 7 of the Prisoners (Release under Supervision) Ordinance (Cap. 325) is in force. (Amended 15 of 1999 s. 3)(2) On reviewing the sentence of a prisoner, the Board is not authorized to order the early release of a prisoner before any minimum term applicable to the prisoner has been served.(3) When reviewing the sentence of a prisoner, the Board must take into account any report or other document provided in relation to the prisoner in accordance with section 11 or 14 and may take into account any other document concerning the prisoner that it considers relevant to the review.(4) Whenever the Board proposes to review the sentence of a prisoner, the Board must notify the prisoner in writing of the date of the review.(5) When a prisoner’s sentence is reviewed by the Board, the prisoner is entitled to make written representations to the Board with respect to matters relevant to the review and may, if a regulation under this Ordinance so provides or with the consent of the Board, appear before the Board, either personally or through a representative of the prisoner’s choice, to be heard and to make oral representations and adduce evidence to the Board with respect to those matters.(6) When reviewing a sentence, the Board is not bound by the rules or practice as to evidence and may inform itself on any matter as it thinks appropriate. 13. Pre-requisites for review of certain sentences (1) This section applies—(a) in the case of the sentence of a prisoner who is serving a discretionary life sentence, mandatory life sentence in respect of the conviction of murder committed when the prisoner was under 18 years of age or is detained at Executive discretion—to the review of that sentence that is required to be conducted as soon as practicable after the day that is 6 months before the date on which the minimum term specified for the sentence ends and to each subsequent review of that sentence that the Board is required to conduct under this Ordinance; and (Amended 6 of 1998 s. 4)(b) in the case of any other kind of sentence reviewable by the Board under this Ordinance—to the review or to specified reviews of that kind of sentence, but only in so far as a regulation made for the purposes of this section so provides.(2) The Board must ensure that, not less than 14 days before the date on which a review to which this section applies is to begin, the prisoner concerned has been provided with a copy of all relevant material to be considered by the Board in connection with the review.(3) Despite subsection (2), the Board may decline to provide the prisoner with a copy of material the disclosure of which would be reasonably likely—(a) to jeopardise the health or safety of any person; or(b) to jeopardise the security of any detention facility; or(c) to prejudice the conduct of any lawful investigation into any offence.(4) If, in accordance with subsection (3), the Board declines to provide a copy of particular material, it must nevertheless provide such information concerning the material as may reasonably be disclosed to the prisoner, having regard to the factors specified in paragraphs (a) to (c) of that subsection. Subsection (2) applies to the provision of that information in the same way as it applies to the provision of a copy of relevant material.(5) Before providing a copy of material, or information, in accordance with this section, the Board must invite the prisoner to indicate, within a specified period, which of the official languages is the prisoner’s preferred language for the purposes of this section. If the prisoner indicates a preferred language within the specified period, the Board must ensure that the copy or information is provided in that language. If the prisoner does not indicate a preferred language within the specified period, the Board must ensure that the copy or information is provided in such of those languages as, in the opinion of the Board, the prisoner is capable of understanding.(6) The Board may conduct a review of sentence to which this section applies even though a copy of material, or information, required to be provided under this section was provided to the prisoner less than 14 days before the date of the review, but only if good cause is shown as to why the copy or the information could not have been provided before the beginning of that period. 14. Board may request reports (1) To facilitate review of the sentence of a prisoner, the Board is entitled to request—(a) the Commissioner of Correctional Services to provide a report specifying the conduct of the prisoner while serving the sentence and any relevant medical, psychological or psychiatric report relating to the prisoner; and(b) the Commissioner of Police to provide a copy of the prisoner’s criminal record and, if available, particulars of any assistance that the prisoner has given to police officers in connection with their investigations concerning alleged offences; and(c) the Registrar of the High Court to provide— (Amended 25 of 1998 s. 2)(i) in relation to the offence in respect of which the prisoner is serving the sentence, a copy of the summing up by the judge to the jury, or, in the event of a plea of guilty, a copy of the agreed statement of facts which is read into the court record, of any plea in mitigation, of any comments made by the judge at the sentencing as to the minimum term to be served, and of any other matters recorded by the judge for the purposes of any such review; and(ii) where the sentence is an indeterminate sentence, a copy of the report under section 67B or 67C of the Criminal Procedure Ordinance (Cap. 221) which relates to the prisoner or sentence; and (Amended 22 of 2004 s. 8)(d) the Director of Social Welfare to provide a report setting out—(i) the prisoner’s family circumstances; and(ii) whether or not the prisoner is likely to be employed on release; and(iii) whether or not the prisoner is likely to be rehabilitated on release; and(iv) whether or not there are any grounds for treating the prisoner compassionately.(2) A request under this section is to be made in writing.(3) It is the duty of a person who is requested to provide a report or other document under this section to comply with the request within the period specified in the request as far as it is practicable to do so. 15. Board may make recommendations relating to prisoners and orders for their release (1) When reviewing the sentence of a prisoner in accordance with this Part, the Board may do such of the following as it considers appropriate—(a) make a recommendation to the Chief Executive that the Chief Executive should— (Amended 15 of 1999 s. 3)(i) remit all or part of a prisoner’s determinate sentence by substituting a shorter determinate sentence; or(ii) substitute a determinate sentence for a prisoner’s indeterminate sentence;(b) in the case of a prisoner who is serving an indeterminate sentence and in respect of whom the Board wishes to defer making a recommendation that the sentence should be converted by the Chief Executive to a determinate one—make an order in accordance with Part IV directing the prisoner to be conditionally released under supervision;(c) in the case of a prisoner whose indeterminate sentence has been converted by the Chief Executive to a determinate one—make an order in accordance with Part V directing the early release of the prisoner under supervision. (Amended 22 of 2004 s. 9)(2) The Board may not make a supervision order in respect of a prisoner who is, on completion of the relevant sentence—(a) required to leave Hong Kong in accordance with a removal order in force under section 19 of the Immigration Ordinance (Cap. 115); or(b) liable to be deported under a deportation order made under section 20 of that Ordinance.(3) An order under this section purporting to direct the release of a prisoner before the end of the minimum period fixed in respect of the prisoner in accordance with section 67B or 67C of the Criminal Procedure Ordinance (Cap. 221) does not take effect until the end of that period. (Amended 6 of 1998 s. 4; 22 of 2004 s. 9)(4) The Board may renew a conditional release order (whether in the same terms or different terms) at any time before its expiry.(5) Where pursuant to a licence under the repealed section a prisoner is released, then this section shall, with all necessary modifications, apply to and in relation to the licence and the prisoner as if—(a) the licence were a conditional release order;(b) the prisoner were the person to whom the order related; and(c) any conditions to which the licence was subject were conditions of the order,and the other provisions of this Ordinance (including section 18) shall be construed accordingly.(6) In this section, repealed section (已廢除條文) means section 70(3) of the Criminal Procedure Ordinance (Cap. 221) as in force immediately before the commencement* of section 9 of the Crimes (Amendment) Ordinance 1993 (24 of 1993).Editorial Note:* Commencement date: 23 April 1993. 16. Power of Chief Executive to make requests and give directions with respect to making of orders by Board (1) The Chief Executive may—(a) request the Board to reconsider any decision taken by the Board in respect of a prisoner under this Ordinance; or(b) direct the Board to make a conditional release order or a supervision order in respect of a prisoner whose sentence the Chief Executive has remitted or has commuted from a sentence of life imprisonment to a determinate sentence and whose sentence is being reviewed by the Board in accordance with this Ordinance.(2) In giving a direction under subsection (1)(b), the Chief Executive may make recommendations as to—(a) conditions of supervision; and(b) the period for which the order is to remain in force.(3) The Board must consider a request made under subsection (1)(a) and give effect to a direction made under subsection (1)(b).(4) If the Board makes an order that is not in accordance with the Chief Executive’s recommendations, the Board must make a report to the Chief Executive setting out the reasons why it has departed from them.(Amended 15 of 1999 s. 3) 17. Commissioner to give effect to orders of Board and President The Commissioner must give effect to orders made by the Board and the President under this Ordinance. Part IV Conditional Release of Prisoners 18. Conditions for conditional release (1) A conditional release order relating to a prisoner may be for a period of not more than 2 years and must specify the following particulars—(a) the date on which the order is to take effect;(b) the total period during which the order is to remain in force;(c) the conditions to which the order is subject.(2) Those conditions may include (but are not limited to) conditions as to all or any of the following matters—(a) places where the prisoner may reside or not reside;(b) places where the prisoner may be employed or not employed;(c) places that the prisoner must not visit;(d) persons whom the prisoner must not voluntarily meet or communicate with;(e) days or times of a day when the prisoner must be or not be at a specified place;(f) the times and places at which the prisoner must report to a specified person or place;(g) the prisoner’s voluntary participation in events only with the prior permission of the prisoner’s supervising officer or, in the case of events the occurrence of which the prisoner could not reasonably have foreseen or in which the prisoner participated involuntarily, the reporting of those events to that officer. 19. Duties of Commissioner where prisoner to be conditionally released (1) On being served with a conditional release order in relation to a prisoner, the Commissioner must endorse on the order—(a) the date on which the prisoner is to be released; and(b) the date on which the order is to cease to have effect (calculated by reference to the terms of the order); and(c) particulars sufficient to identify the person whom the Commissioner has designated to be the prisoner’s supervising officer.(2) The Commissioner must then serve a copy of the order on the prisoner and, except in circumstances beyond the Commissioner’s control, arrange for the prisoner to be released from custody on the release date endorsed on the order.(3) If any of the information that the Commissioner has endorsed on the order is different from the particulars specified in the order, the Commissioner must inform the Board of the differences by notice in writing.(4) A prisoner is taken to be serving the sentence imposed on the prisoner while released under a conditional release order.(5) The Commissioner may, as and when the occasion requires, amend the endorsement made under subsection (1) by substituting for the identifying particulars of the supervising officer specified in the endorsement identifying particulars of another person whom the Commissioner has designated to be the supervising officer of the prisoner. 20. Prisoner to comply with conditions of conditional release order A prisoner who is released under a conditional release order must comply with the conditions of the order. 21. Board may recommend determinate sentence in respect of prisoner (1) At any time while a conditional release order is in force in respect of a prisoner, the Board may, if satisfied that the conditions subject to which the prisoner was released have been complied with up to that time, make a recommendation to the Chief Executive that the prisoner’s indeterminate sentence should be converted to a determinate one.(2) If—(a) the Chief Executive has, on a recommendation under subsection (1), converted a prisoner’s indeterminate sentence to a determinate one; and(b) the Board is satisfied that the prisoner has, during the period of the prisoner’s conditional release, complied with the conditions of the release,the determinate sentence takes effect at the end of that period.(Amended 15 of 1999 s. 3) 22. Board may amend conditional release order (1) On the application of a prisoner in respect of whom a conditional release order is in force or the prisoner’s supervising officer, the Board may, if satisfied that a material change has occurred in the prisoner’s circumstances since the making of the conditional release order or since it was last amended, make an order amending—(a) the terms or conditions of the conditional release order (including the period for which the order is to remain in force); or(b) the period of any suspension of that order.(2) An amendment of a conditional release order may be made only if the substance of the amendment could have been included in the original order.(3) An order amending a conditional release order takes effect when it is served on the prisoner concerned or at such later time as may be specified in the amending order.(4) This section is subject to section 13 of Schedule 1. 23. Board or President may suspend operation of conditional release order (1) If it appears to the Board or President that—(a) a prisoner in respect of whom a conditional release order is in force has failed to comply with a condition of the order; or(b) the prisoner or other persons may suffer serious harm if the prisoner is allowed to remain at liberty, the Board or the President may make an order suspending the operation of the order pending the holding of a hearing of the Board to determine whether or not the order should be revoked.(2) The operation of a conditional release order relating to a prisoner is suspended if the prisoner is charged with an arrestable offence.(3) If the operation of a conditional release order relating to a prisoner is suspended by subsection (2), the suspension remains in effect until the prisoner is either acquitted or convicted of the offence or the charge for the offence is withdrawn or a nolle prosequi is entered in respect of the charge. If the prisoner is convicted of the offence, the order is revoked, but if the prisoner is acquitted of the offence or the charge for the offence is withdrawn or a nolle prosequi is entered in respect of the charge, the suspension ceases to have effect.(4) Whenever the operation of a conditional release order relating to a prisoner is suspended by or under this section, the President must inform the Commissioner by notice in writing. In that event, the Commissioner must immediately recall the prisoner to prison to be detained there for the period of the suspension.(5) Whenever the suspension of the operation of a conditional release order relating to a prisoner ceases otherwise than because the order is revoked, the order continues to have effect as if its operation had not been suspended. In that event, the Commissioner must immediately release the prisoner from custody. 24. Board may revoke conditional release order in certain circumstances (1) The Board may make an order revoking a conditional release order relating to a prisoner on being satisfied (on a balance of probabilities) that the prisoner has failed to comply with a condition of the order. This subsection is subject to section 13 of Schedule 1.(2) An order revoking a conditional release order takes effect when it is served on the prisoner concerned.(3) A conditional release order relating to a prisoner is revoked if the prisoner is convicted of an offence and—(a) is sentenced to a term of imprisonment (other than a sentence that is suspended) longer than the unexpired part of the conditional release order; or(b) is ordered to be detained in an addiction treatment centre; or(c) is subject to a probation order made under section 3 of the Probation of Offenders Ordinance (Cap. 298).(4) Whenever a conditional release order relating to a prisoner is revoked by or under this section, the President must inform the Commissioner by notice in writing. In that event, the Commissioner must immediately recall the prisoner to prison to continue serving the sentence to which the order related. 25. Recall of prisoner to serve remainder of sentence on expiry of conditional release order (1) If a conditional release order relating to a prisoner is to expire without being renewed, the Board must, within 1 month before the order is due to expire, inform the Commissioner by notice in writing of the impending expiry.(2) If the order is not renewed, the Commissioner must, on expiry, recall the prisoner to prison to continue serving the relevant sentence.(3) This section does not apply in the case of a prisoner who is subject to a conditional release order if the prisoner’s indeterminate sentence has been converted by the Chief Executive to a determinate one and the end of the determinate sentence coincides with or is earlier than the end of the period of the order. (Amended 22 of 2004 s. 10) 26. Prisoner may be arrested if conditional release order expires or is revoked or suspended (1) Any police officer or correctional services officer may, without warrant, arrest and detain a prisoner released under a conditional release order if the order expires or is revoked, or the operation of the order is suspended.(2) If a prisoner who is liable to be arrested under this section forcibly resists the attempt of a police officer or correctional services officer to arrest the prisoner, the officer (and any person assisting the officer) may use all reasonable means necessary to make the arrest.(3) If a police officer or correctional services officer reasonably believes that a prisoner to be arrested under this section is on particular premises, the person residing at or in charge of the premises must, if the officer so requests, allow the officer to enter the premises to search for the prisoner.(4) If entry to premises cannot be obtained as a result of a request under subsection (3) or if no person appears to be on the premises, a police officer or correctional services officer may enter the premises and search them. For that purpose, the officer may break open any outer or inner door or window of the premises.(5) The power conferred by subsection (4) may be exercised without a warrant only if a warrant cannot be obtained without giving the prisoner an opportunity to evade arrest.(6) If a person residing at or in charge of premises that a police officer or correctional services officer seeks to enter under subsection (4) requests the officer to produce evidence of the officer’s authority or to specify the purpose of the entry, the officer may exercise the powers conferred by that subsection only after complying with the request. 27. Period of release under conditional release order to be treated as part of sentence Any period during which a prisoner is released under a conditional release order is taken to be a part of the sentence being served by the prisoner (including for the purposes of any remission of sentence under the Prison Rules (Cap. 234 sub. leg. A)). However, any period during which a prisoner remains at large after a conditional release order relating to the prisoner has been revoked, or while the operation of such an order is suspended, is not part of the prisoner’s sentence. 28. Review of sentence after recall (1) If a prisoner is recalled to prison under this Part to serve the remainder of a sentence, the Commissioner must refer the sentence to the Board for review as soon as practicable after each subsequent second anniversary of the date of recall. Section 11 does not apply to a prisoner to whom this section applies. (Amended 6 of 2024 s. 177)(2) However, if a prisoner serves a sentence in respect of the prisoner’s conviction of an offence endangering national security, the Commissioner must not refer the sentence to the Board for review under subsection (1) unless the Commissioner is satisfied that an early release of the prisoner will not be contrary to the interests of national security. (Added 6 of 2024 s. 177)(3) To avoid doubt, subsection (2) applies whether the sentence was imposed before, on or after the commencement* of that subsection. (Added 6 of 2024 s. 177)(4) If the Commissioner decides under subsection (2) not to refer the sentence to the Board for review, the Commissioner must, after making the decision, review the decision every 2 years. (Added 6 of 2024 s. 177)Editorial Note:* Commencement date: 23 March 2024. Part V Supervision of Prisoners after Release 29. Circumstances in which supervision order may be made (1) A supervision order may be made in relation to a prisoner only after the prisoner has served not less than two-thirds of the total of—(a) the actual term of the determinate sentence fixed in respect of the prisoner; and(b) any period spent in custody taken into account under section 67A of the Criminal Procedure Ordinance (Cap. 221); and(c) the whole of any period of forfeiture of remission ordered against the prisoner under the Prisons Ordinance (Cap. 234).(2) In this section, actual term (實際刑期) means the term of a sentence of imprisonment as reduced, if reduced at all, by section 67A of the Criminal Procedure Ordinance (Cap. 221). 30. Particulars to be included in supervision order (1) When making a supervision order, the Board must specify—(a) the part of the total period referred to in section 29 applicable to the prisoner; and(b) the conditions as to supervision that the Board considers should be imposed on the prisoner, having regard to the principles specified in section 8; and(c) the period for which the order is to remain in force, being a period ending not later than the date on which the prisoner’s sentence would expire without any form of early release or remission.(2) If a supervision order is to be made in respect of a prisoner who was sentenced before the commencement* of this section, the period for which the order is to remain in force must not exceed the greater of the following—(a) a period equal to half the period beginning with the date of that commencement and ending with the date of the prisoner’s release as determined by reference to section 29, after taking into account the part of the total period referred to in that section that the Board proposes to specify in respect of the prisoner;(b) 6 months.(3) The Board must, as soon as practicable after deciding to make a supervision order, arrange for the order to be served on the Commissioner.(4) If the Board decides not to make a supervision order, it must, as soon as practicable after so deciding, inform the Commissioner in writing of its decision.(5) A supervision order is subject to the prisoner’s industry and good conduct before release. The Board may review a supervision order at any time before the prisoner is released under the order.Editorial Note:* Commencement date: 30 June 1997. 31. Release of prisoner under supervision order (1) On being served with a supervision order, the Commissioner must endorse on the order—(a) the date of release of the prisoner; and(b) the date on which the order is to cease to have effect (calculated by reference to the terms of the order); and(c) particulars sufficient to identify the person whom the Commissioner has designated to be the supervising officer of the prisoner.(2) The Commissioner must then serve a copy of the order on the prisoner and, except in circumstances beyond the Commissioner’s control, arrange for the prisoner to be released from custody on the release date endorsed on the order.(3) If any of the information that the Commissioner has endorsed on the order is different from the particulars specified in the order, the Commissioner must inform the Board of the differences by notice in writing.(4) The Commissioner may, as and when the occasion requires, amend the endorsement made under subsection (1) by substituting for the identifying particulars of the supervising officer specified in the endorsement identifying particulars of another person whom the Commissioner has designated to be the supervising officer of the prisoner.(5) If, after the service on the prisoner of a copy of a supervision order under this section, the prisoner forfeits remission under the Prisons Ordinance (Cap. 234), the Commissioner may endorse a fresh copy of the order for service on the prisoner. In that case, the copy of the order previously served on the prisoner ceases to have effect. 32. Requirements applicable to prisoner released under supervision order A prisoner who is released from prison subject to a supervision order—(a) is subject to supervision by a supervising officer whose name is specified in the order; and(b) must comply with the conditions of the order. 33. Remission of sentence when supervision order ends Any unserved balance of the sentence of a prisoner who is subject to a supervision order is remitted when the order expires or is discharged in accordance with this Part. 34. Right to have supervision order reviewed (1) A prisoner who is subject to a supervision order is, at any time after the order is made, entitled to request in writing the Board to amend or discharge the order.(2) A prisoner is not entitled to make more than one request to the Board under this section.(3) The Board must give proper consideration to a request made in accordance with this section. 35. Amendment of supervision order following change in circumstances (1) On the application of a prisoner who is subject to a supervision order or the prisoner’s supervising officer, the Board may, if satisfied that a change has occurred in the prisoner’s circumstances since the making of the supervision order or since it was last amended, make an order amending—(a) the conditions of the supervision order (including the period for which the order is to remain in force); or(b) the period of any suspension of that order.(2) An amendment of a supervision order may be made only if the substance of the amendment could have been included in the original order.(3) An order amending a supervision order takes effect when it is served on the prisoner concerned or at such later time as may be specified in the amending order.(4) This section is subject to section 13 of Schedule 1. 36. Suspension of operation of supervision order (1) The Board may order the operation of a supervision order relating to a prisoner to be suspended for a period not exceeding the unexpired term of the order if it is satisfied that—(a) the prisoner has failed to comply with a condition of the order; or(b) because of the prisoner’s conduct or a change of circumstances since release—(i) the prisoner is likely to commit an arrestable offence; or(ii) in the case of a prisoner who has been recalled to prison under section 37 or 38, the prisoner was at the time of recall likely to commit an arrestable offence.This subsection is subject to section 13 of Schedule 1.(2) If the Board makes an order under this section in respect of a prisoner, the Commissioner must recall the prisoner to prison to be reimprisoned there—(a) for the period of the suspension; or(b) for such shorter period as may be appropriate, having regard to any remission granted in accordance with the Prisons Ordinance (Cap. 234) in relation to the period of detention.(3) A supervision order the operation of which has been suspended under this section revives at the end of the period of suspension or the prisoner’s release from reimprisonment, whichever occurs first.(4) An order suspending the operation of a supervision order does not affect the date of expiry of the supervision order. 37. Board or President may make temporary recall order in respect of prisoner subject to supervision order (1) The Board or President may, if satisfied that there are reasonable ground for doing so, order the temporary recall to prison of a prisoner who is subject to a supervision order to be detained pending the making by the Board of an order suspending the operation of the supervision order.(2) As soon as practicable after a prisoner who is subject to a supervision order is detained under this section, the President must convene a meeting of the Board for the purpose of considering whether or not an order suspending the operation of the supervision order should be made.(3) Unless discharged earlier, a temporary recall order under this section remains in force for the period specified in the order or for 14 days, whichever period is the shorter. 38. Commissioner may summarily recall prisoner to prison (1) The Commissioner may recall to prison a prisoner who is subject to a supervision order pending a decision as to whether a temporary recall order should be made in respect of the prisoner under section 37, but only if satisfied that—(a) there are reasonable grounds for making an order suspending the supervision order; and(b) it is in the public interest that the prisoner should be detained in custody without delay.(2) A prisoner recalled to prison under this section may be detained in the Commissioner’s custody for no more than 72 hours.(3) The Commissioner shall not delegate his function under subsection (1). 39. When supervision order is revoked A supervision order relating to a prisoner (including a supervision order the operation of which is suspended) is revoked if the prisoner is convicted of an offence and—(a) is sentenced to a term of imprisonment (other than a sentence that is suspended) longer than the unexpired part of the supervision order; or(b) is ordered to be detained in an addiction treatment centre; or(c) is subject to a probation order made under section 3 of the Probation of Offenders Ordinance (Cap. 298). 40. Prisoner may be arrested if supervision order is suspended or revoked (1) Any police officer or correctional services officer may, without warrant, arrest and detain a prisoner released under a supervision order if the Board makes an order suspending the operation of the supervision order or if the supervision order is revoked.(2) If a prisoner who is liable to be arrested under this section forcibly resists the attempt of a police officer or correctional services officer to arrest the prisoner, the officer (and any person assisting the officer) may use all reasonable means necessary to make the arrest.(3) If a police officer or correctional services officer reasonably believes that a prisoner to be arrested under this section is on particular premises, the person residing at or in charge of the premises must, if the officer so requests, allow the officer to enter the premises to search for the prisoner.(4) If entry to premises cannot be obtained as a result of a request under subsection (3) or if no person appears to be on the premises, a police officer or correctional services officer may enter the premises and search them. For that purpose, the officer may break open any outer or inner door or window of the premises.(5) The power conferred by subsection (4) may be exercised without a warrant only if a warrant cannot be obtained without giving the prisoner an opportunity to evade arrest.(6) If a person residing at or in charge of premises that a police officer or correctional services officer seeks to enter under subsection (4) requests the officer to produce evidence of the officer’s authority or to specify the purpose of the entry, the officer may exercise the powers conferred by that subsection only after complying with the request. Part VI Miscellaneous 41.

Power to remit sentences to extend to sentences of transferred prisoners The Chief Executive has the same powers to remit the sentences of transferred prisoners as the Chief Executive has to remit sentences imposed in respect of crimes or offences committed within Hong Kong.(Amended 15 of 1999 s. 3) 42. How documents are to be served for purposes of Ordinance A document to be served on a person for the purposes of this Ordinance may be served—(a) by delivering it to the person personally; or(b) by sending it by registered post in a letter addressed to the person at the person’s usual place of residence or business or, if the person’s address is unknown, addressed to the person’s place of residence or business last known to the server of the document. 43. Power to make regulations (1) The Chief Executive may, with the approval of the Legislative Council, make regulations to provide for all or any of the following— (Amended 15 of 1999 s. 3)(a) referrals to the Board by the Commissioner under sections 11 and 28;(b) matters that the Board is required or permitted to take into account for the purpose of making orders under this Ordinance;(c) matters that the Board must include in an order that it has power to make under this Ordinance;(d) the functions and duties of the Commissioner with respect to the operation of this Ordinance;(e) the extent (if any) to which a prisoner has a right to attend proceedings of the Board in which the Board is reviewing the prisoner’s sentence and to be represented at those proceedings by a person of the prisoner’s choice;(f) empowering the Secretary for Security to specify a place (which may be a prison) where proceedings of the Board shall be conducted if the prisoner to which the proceedings relate is to attend the proceedings personally, whether pursuant to a right referred to in paragraph (e) or with the consent of the Board;(g) in relation to proceedings of the Board relating to the sentence of a prisoner or to a conditional release order or supervision order to which a prisoner is subject—(i) the calling and examination of witnesses in proceedings of the Board;(ii) the payment of expenses to witnesses who attend those proceedings;(iii) the giving of evidence on oath in those proceedings;(iv) the production of documents and exhibits to the Board in those proceedings;(v) the extent (if any) to which those proceedings are to be conducted in public;(h) the notification by any prisoner who may be or has been released under this Ordinance of an address for service for the purposes of this Ordinance;(i) any matter that is required or permitted to be prescribed by or under this Ordinance or that is necessary for the better carrying out of the purposes of this Ordinance.(2) A provision of a regulation may make it an offence, punishable by a fine at level 5, for a person—(a) without lawful excuse—(i) to fail to comply with a requirement to appear before the Board to give evidence in relation to proceedings of the Board relating to the sentence of a prisoner, or to a conditional release order or supervision order to which a prisoner is subject; or(ii) to fail to comply with a requirement of the Board to produce any document or other thing in the person’s custody or under the person’s control that is relevant to any such proceedings; or(b) to give evidence in any such proceedings that is, to the person’s knowledge, false or misleading or, in purported compliance with a requirement of the Board, to produce to the Board a document knowing it to be false or misleading. 44. (Omitted as spent—E.R. 3 of 2021) 45. Power to make transitional regulation (1) The Chief Executive may make regulations containing provisions of a transitional nature consequent on the enactment of this Ordinance. (Amended 15 of 1999 s. 3)(2) A provision referred to in subsection (1) may, if the regulation so provides, take effect from the date of assent to this Ordinance or a later date.(3) To the extent to which a provision referred to in subsection (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—(a) to affect, in a manner prejudicial to any person (other than the Government or a public body), the rights of that person existing before the date of its publication; or(b) to impose liabilities on any person (other than the Government or a public body) in respect of anything done, or omitted to be done, before the date of its publication. Schedule 1 [ss. 6(5), 22(4), 24(1), 35(4) & 36(1)]Provisions Applicable to Board of Review Part I Interpretation 1. Definitions In this Schedule—committee (小組委員會) means a committee established under section 15 of this Schedule;Deputy President (副主席) means the Deputy President of the Board;judicial member (司法界成員) means the President or Deputy President; member (成員) means a member of the Board;non-judicial member (非司法界成員) means a member other than the President or Deputy President;President (主席) means the President of the Board. Part II Board Members 2. President and Deputy President of Board (1) The appointment of a person who is a judge of the Court of First Instance as the President or Deputy President does not, nor does the person’s service as the President or Deputy President, affect the person’s tenure of office as a judge or the person’s rank, title, status, precedence, salary or other rights or privileges as a holder of that office. (Amended 25 of 1998 s. 2)(2) A person who is a judge may exercise the powers of a judge even though the person is the President or Deputy President. 3. Acting members (1) The Deputy President is, during the illness or absence of the President, required to act as President and, while so acting, has all the functions and duties of the President and is taken to be the President.(2) The Chief Executive may, from time to time, appoint a person who is or was formerly a judge of the Court of First Instance to act as Deputy President during the illness or absence of the Deputy President, and the person, while so acting, has all the functions and duties of the Deputy President and is taken to be the Deputy President. (Amended 25 of 1998 s. 2)(3) If a non-judicial member has become ill or is absent from Hong Kong, the Chief Executive may appoint a qualified person to act in the office of the member during the period of the member’s illness or absence, and that person, while so acting, has all the functions and duties of the member and is taken to be a member. For the purpose of this subsection, a person is qualified to act in the place of a non-judicial member only if the person has the same qualification for appointment as the member.(4) The Chief Executive may, at any time, remove a person from an office to which the person was appointed under subsection (2) or (3).(5) For the purposes of this section—(a) a vacancy in the office of President or Deputy President is taken to be an absence from the office of President or Deputy President; and(b) the Deputy President is taken to be absent from the office of Deputy President when acting as President.(Amended 15 of 1999 s. 3) 4. Terms of office Subject to this Schedule, a member holds office for such period (not exceeding 3 years) as is specified in the member’s document of appointment, but is eligible for reappointment (if otherwise qualified). 5. Vacancy in office of a member (1) The office of a member becomes vacant on the death of the member or if the member—(a) completes a term of office and is not reappointed;(b) resigns the office by writing under his or her hand addressed to the Chief Executive;(c) is removed from office by the Chief Executive under subsection (2);(d) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, makes an arrangement with his or her creditors or makes an assignment of his or her remuneration for their benefit;(e) is convicted in Hong Kong of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in Hong Kong of an offence that, if committed in Hong Kong, would be an offence so punishable.(2) The Chief Executive may remove a member from office at any time on the grounds of misconduct, incompetence, mental or physical incapacity or absence without leave.(3) A member may be removed from office under subsection (2) only after an inquiry has been held to determine the allegations against the member of misconduct, incompetence, mental or physical incapacity or absence without leave and the member has been given an opportunity to be heard at the inquiry.(4) Without prejudice to the operation of subsection (1)(e), the Chief Executive may remove a member from office at any time on the ground that he has been convicted in Hong Kong of an offence that is punishable by imprisonment or is convicted elsewhere than in Hong Kong of an offence that, if committed in Hong Kong, would be an offence so punishable.(Amended 15 of 1999 s. 3) 6. Filling of vacancy in office of member If the office of a member becomes vacant, the Chief Executive must, subject to this Schedule, appoint a qualified person to fill the vacancy as soon as practicable after the vacancy occurs. For the purpose of this section, a person is qualified to fill a vacancy, only if the person has the same qualification for appointment as the member who has vacated office.(Amended 15 of 1999 s. 3) 7. Liability of members and others No act done or omitted to be done by the Board, and no act done or omitted to be done by any member or by any person acting under the direction of the Board, if the act was done or omitted to be done in good faith for the purpose of giving effect to this or any other Ordinance, makes a member or a person so acting personally liable to any claim arising from having done or omitted to do that act. 8. Prevention of Bribery Ordinance to apply to members The Prevention of Bribery Ordinance (Cap. 201) applies to members in the same way as it applies to public servants. Part III Meetings and Proceedings of Board 9. Meetings of Board (1) Except as otherwise provided by this Ordinance—(a) meetings of the Board are to be held at such times, dates and places as are fixed by the President; and(b) the procedure for the convening of meetings of the Board and for the conduct of business at those meetings are to be as determined by the President.(2) The Board may from time to time adjourn its proceedings to such times, dates and places and for such reasons as it thinks fit. 10. Quorum at Board meetings The quorum for a meeting of the Board is a majority of the members of whom at least one must be a judicial member. 11. Presiding members (1) The President, if present, is to preside at a meeting of the Board.(2) If the President is absent from a meeting of the Board, the Deputy President, if present, is to preside at a meeting of the Board. 12. Board decisions (1) A decision supported by a majority of the votes cast at a meeting of the Board at which a quorum is present, including the vote cast by a judicial member entitled to vote at the meeting, is the decision of the Board.(2) If voting on a matter to be decided at a meeting of the Board is tied, the member presiding at the meeting has a casting vote.(3) For the avoidance of doubt, it is hereby declared that section 51 of the Interpretation and General Clauses Ordinance (Cap. 1) applies in relation to the Board. 13. Hearings of Board (1) This section applies to the following orders—(a) an order amending or revoking a conditional release order relating to a prisoner;(b) an order amending a supervision order relating to a prisoner or suspending the operation of such an order.(2) The Board may make an order to which this section applies only if—(a) not less than 14 days before the day fixed for the purposes of paragraph (b), the prisoner has been provided with a copy of all relevant material to be considered by the Board in connection with the matter; and(b) the prisoner has been given an opportunity to appear and be heard at a hearing held by the Board at a time, date and, subject to any regulations made under section 43(1)(f) of this Ordinance, place (which, with the consent of the Commissioner, may be a prison) fixed by the Board for the purpose.(3) Despite subsection (2)(a), the Board is not required to provide the prisoner with a copy of that part of the material if the Board reasonably considers that the disclosure of any part of the material referred to in that paragraph would be likely—(a) to jeopardise the health or safety of any person; or(b) to jeopardise the security of any detention facility; or(c) to prejudice the conduct of any lawful investigation into any offence.(4) If, in accordance with subsection (3), the Board declines to provide a copy of particular material, it must nevertheless provide such information concerning the material as may reasonably be disclosed to the prisoner, having regard to the factors specified in paragraphs (a) to (c) of that subsection. Subsection (2) applies to the provision of that information in the same way as it applies to the provision of a copy of relevant material.(5) Before providing a copy of material, or information, in accordance with this section, the Board must invite the prisoner to indicate, within a specified period, which of the official languages is the prisoner’s preferred language for the purposes of this section. If the prisoner indicates a preferred language within the specified period, the Board must ensure that the copy or information is provided in that language. If the prisoner does not indicate a preferred language within the specified period, the Board must ensure that the copy or information is provided in such of those languages as, in the opinion of the Board, the prisoner is capable of understanding.(6) The Board may make an order to which this section applies even though a copy or information required to be provided under this section is provided to the prisoner less than 14 days before the date fixed for the hearing under this section, but only if good cause is shown as to why the copy or information could not have been provided before the beginning of that period.(7) At a hearing under this section, the Board is not bound by the rules or practice as to evidence and may inform itself on any matter as it thinks appropriate.(8) At the hearing, the prisoner concerned is entitled—(a) to be represented by a person of the prisoner’s choice; and(b) to adduce to the Board evidence (either orally or in writing), and to address the Board on matters, relevant to the determination of the hearing.(9) The prisoner’s representative is entitled—(a) to be present, and to advise the prisoner, throughout the hearing; and(b) to address the Board on the prisoner’s behalf.(10) None of the following persons is eligible to represent the prisoner at the hearing—(a) a person who is or has at any time been subject to an order for detention under the Mental Health Ordinance (Cap. 136);(b) a person who is serving a sentence of imprisonment;(c) a person who has served a sentence of imprisonment in Hong Kong. 14. Record of proceedings (1) The member presiding at a meeting of the Board must ensure that a record of the proceedings at the meeting is made.(2) Records made for the purposes of subsection (1) may be destroyed after the end of the period prescribed by a regulation. 15. Committees The President may appoint one or more non-judicial members as a committee for the purpose of—(a) inquiring into and reporting to the Board on any sentence being served by any prisoner whose case is to come before the Board for consideration; and(b) disposing of routine business of the Board. 16. Authentication of documents Each document requiring authentication by the Board is sufficiently authenticated if it is signed by a person purporting to be the member who presided at the meeting of the Board when the proceedings with respect to which the document was prepared took place. 17. Certificate of Secretary A document purporting to be a certificate made or issued by the Secretary to the Board recording any order or other decision of the Board is, in all courts and before all persons and bodies authorized by law to receive evidence, evidence of the matters set out in the certificate. 18. Proof of certain matters not required In any legal proceedings, proof is not required, until evidence is given to the contrary, of—(a) the constitution of the Board; or(b) any decision or recommendation of the Board; or(c) the appointment of, or holding of office by, any member; or(d) the presence or nature of a quorum at any meeting of the Board. Schedule 2 (Omitted as spent—E.R. 3 of 2021)