Hong Kong Ordinances

CRIMINAL PROCEDURE ORDINANCE - SECT 109AA

Supervision orders

Supervision of young prisoners on release from prison

(1) In the case of a person who, before attaining the age of 25 years, is
released from imprisonment or completes after such release a period of
supervision ordered under section 7(2) of the Prisoners (Release under
Supervision) Ordinance ( Cap 325), the Commissioner of Correctional Services
shall, subject to subsections (1A) and (2) of this section, make a supervision
order under this section if the sentence of imprisonment which that person has
served, or in respect of which the order under section 7(2) of that Ordinance
was made, was for a term-

   (a)  of 3 months or more;

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

   (c)  which that person began to serve-

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

        (ii)   after 1 May 1980. (Replaced 59 of 1987 s. 21)

(1A) No supervision order shall be made under subsection (1) on the release of
a person from imprisonment where he is so released subject to supervision
under section 7(1) of the Prisoners (Release under Supervision) Ordinance (
Cap 325). (Added 59 of 1987 s. 21)

(2) No supervision order shall be made under subsection (1) on the release of
a person in respect of whom- (Amended 24 of 1986 s. 6; 6 of 1990 s. 7)

   (aa) a removal order made under section 19 of the Immigration  Ordinance (
        Cap 115), or deportation order made under section 20 of that
        Ordinance, is in force; (Added 6 of 1990 s. 7)

   (a)  there is revived upon his release a detention order, supervision
        order, or recall order, that was suspended under section 6A of the
        Drug Addiction Treatment Centres Ordinance ( Cap 244); or (Amended 6
        of 1990 s. 7)

   (b)  there is revived upon his release a sentence of detention in a
        training centre, a supervision notice, or an order of recall, that was
        suspended under section 5A of the Training Centres Ordinance (
        Cap 280). (Amended 6 of 1990 s. 7)

(3) A supervision order under subsection (1) shall contain conditions that the
person against whom it is made shall-

   (a)  subject to subsections (4) and (5), be subject to supervision by such
        organization or person as may be specified therein for a period
        commencing on the date of his release from prison and expiring not
        more than 12 months thereafter; and

   (b)  while under supervision, comply with such requirements, including
        requirements as to residence, as may be specified therein.

(4) The Commissioner of Correctional Services may at any time cancel or vary
the terms of a supervision order under subsection (1).

(5) A supervision order under subsection (1) shall-

   (a)  be suspended in its operation for any period during which the person
        against whom it was made-

        (i)    is detained pursuant to a recall order under section 109AB; or

        (ii)   is serving a term of imprisonment of less than 3 months, but
               shall not by reason of any such suspension expire more than 12
               months after the date on which it was made;

   (b)  cease to have effect where the person against whom it was made-

        (i)    is ordered to serve a term of imprisonment of 3 months or more;

        (ii)   is ordered to be detained in an addiction treatment centre
               under the Drug Addiction Treatment Centres Ordinance (
               Cap 244);

        (iii)  is ordered to be detained in a training centre under the
               Training Centres Ordinance ( Cap 280);

        (iv)   is made the subject of a probation order under section 3 of the
               Probation of Offenders Ordinance ( Cap 298); or

        (v)    attains the age of 26.

(6) A person who fails to comply with a supervision order under subsection (1)
shall be guilty of an offence and liable on conviction to a fine of $5000 and
to imprisonment for 12 months. (Added 14 of 1980 s. 2)