Cap. 325 - Prisoners (Release under Supervision) Ordinance

To provide for the release of prisoners under supervision on the recommendation of an advisory board; and for connected purposes. [1 July 1988] L.N. 428 of 1987(Format changes—E.R. 1 of 2023) Part I Preliminary 1. Short title This Ordinance may be cited as the Prisoners (Release under Supervision) Ordinance. 2. Interpretation In this Ordinance, unless the context otherwise requires—Board (委員會) means the Release under Supervision Board established under section 3;Commissioner (署長) means the Commissioner of Correctional Services;hostel (宿舍) means a building or portion of a building set aside as a hostel under section 24B of the Prisons Ordinance (Cap. 234);prisoner (囚犯) includes a person who has been released from imprisonment under this Ordinance;supervision order (監管令) means a supervision order made by order of the Chief Executive under section 7(1) or (2). (Amended 15 of 1999 s. 3) 3. Establishment of the Release under Supervision Board There shall be a Release under Supervision Board which shall consist of not less than 5 members appointed by the Chief Executive, 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 Chief Executive to have experience in psychiatry; and(c) persons appearing to the Chief Executive to have experience of, or an active interest in, the rehabilitation of offenders.(Amended 15 of 1999 s. 3) 4. Functions of the Board The Board shall consider—(a) applications under section 6;(b) the conditions to be specified by the Chief Executive, 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 Chief Executive as it thinks fit in respect of those matters and of any other matters that it considers under this Ordinance.(Amended 15 of 1999 s. 3) 5. Limitation on the powers of the Board 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 II Release under Supervision 6. Application for release under a supervision order 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 Chief Executive through the Board for an order for his release under that section subject to supervision.(Amended 15 of 1999 s. 3) 7. Release under supervision (1A) For the purposes of this section, the length of sentence that a prisoner has served shall include the length of any period by which the length of the sentence imposed on that prisoner is treated as reduced under section 67A of the Criminal Procedure Ordinance (Cap. 221). (Added 68 of 1995 s. 57)(1) The Chief Executive may, if the Board so recommends, order that a prisoner who— (Amended 15 of 1999 s. 3)(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 Chief Executive may, if the Board so recommends, order that a prisoner who— (Amended 15 of 1999 s. 3)(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 (Cap. 234 sub. leg. A)), (Amended E.R. 1 of 2023)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.(2A) Where the prisoner is a transferred prisoner—(a) for the purposes of subsections (1)(a) and (2)(a)—(i) subject to subparagraph (ii), the term of the sentence of imprisonment imposed on that transferred prisoner by a court in the sentencing place shall be treated as the length of the sentence of imprisonment being served by that transferred prisoner; and(ii) where the term of that sentence of imprisonment has been commuted, revised, modified or reduced in the sentencing place, the term of that sentence of imprisonment as commuted, revised, modified or reduced shall be treated as the length of the sentence of imprisonment being served by that transferred prisoner; (Amended 51 of 1997 s. 11)(b) for the purposes of subsections (1)(b) and (2)(b), the length of sentence served by that transferred prisoner shall include the period during which that transferred prisoner has served the sentence in the sentencing place and the period during which the transferred prisoner has served the sentence in Hong Kong. (Added 68 of 1995 s. 57)(2B) Nothing in this Ordinance shall enable a transferred prisoner to be eligible for release under this section unless at the time of an application made by him under section 6, he has served in Hong Kong a term of not less than 12 months in respect of the sentence of imprisonment to which the application relates. (Added 68 of 1995 s. 57)(3) The Chief Executive 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. (Amended 15 of 1999 s. 3)(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 (Cap. 280), 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 (Cap. 115),shall not be eligible to be released under this section.(5) In this section—sentencing place (判處刑罰地) in relation to a transferred prisoner, means the place outside Hong Kong in which the sentence was imposed on that transferred prisoner;transferred prisoner (被移交囚犯) means any person who is sentenced in a place outside Hong Kong and has been transferred to Hong Kong in order to serve the sentence imposed on him or any part thereof. (Added 68 of 1995 s. 57. Amended 51 of 1997 s. 11) 8. Release by the Commissioner and service of supervision order (1) Where the Chief Executive 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 Chief Executive under section 7(3), and to be served upon the prisoner, and the prisoner shall be released.(2) Where the Chief Executive 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.(Amended 15 of 1999 s. 3) 9. Duration of supervision order (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 (Cap. 234 sub. leg. A);(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 (Cap. 234 sub. leg. A). (Amended E.R. 1 of 2023)(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. Requirements of release under supervision 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. Absence from the hostel (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 at level 2 and to imprisonment for 12 months. (Amended E.R. 1 of 2023)(3) Any person may arrest without warrant any prisoner whom he reasonably suspects to be guilty of an offence under subsection (2). 12. Review (1) Where the Chief Executive 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 Chief Executive through the Board for a review of the Chief Executive’s decision.(2) On review, the Chief Executive 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.(Amended 15 of 1999 s. 3) 13. Offence of failing to comply with a supervision order 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 at level 2 and to imprisonment for 12 months.(Amended E.R. 1 of 2023) Part III Revocation of Supervision Order 14. Revocation of supervision order (1) The Chief Executive may, after considering the recommendations of the Board, revoke a supervision order and if he does so shall inform the Commissioner of that fact. (Amended 15 of 1999 s. 3)(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 (Cap. 221),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. Action to be taken by Commissioner on reimprisonment (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 Chief Executive in relation to that person, whether or not he has applied for a review under section 16(1). (Amended 15 of 1999 s. 3) 16. Review following reimprisonment (1) A person who is reimprisoned under section 14(4) may, within 14 days of his reimprisonment, apply in writing to the Chief Executive 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 Chief Executive 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.(Amended 15 of 1999 s. 3) 17. Computation of period of imprisonment 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 (Cap. 234 sub. leg. A) 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 (Cap. 234 sub. leg. A) in respect of that part of the sentence which is served after the date of reimprisonment.(Amended E.R. 1 of 2023) Part IV Miscellaneous 18. Decisions final Subject to section 15(1), the Chief Executive, 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.(Amended 15 of 1999 s. 3) 19. Chief Executive’s powers (1) The Chief Executive shall not be bound by any recommendation of the Board.(2) The Chief Executive may delegate the exercise of any of his powers under this Ordinance to the Secretary for Security.(Amended 15 of 1999 s. 3) 20. Regulations The Chief Executive in Council may make regulations for the better carrying out of the provisions of this Ordinance and, in particular, may provide for— (Amended 15 of 1999 s. 3)(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. (Omitted as spent—E.R. 1 of 2023) 22. Transitional This Ordinance shall apply to persons sentenced before it comes into operation* as it applies to persons sentenced thereafter. Editorial Note: * Operation date: 1 July 1988.