Hong Kong Ordinances

LONG-TERM PRISON SENTENCES REVIEW ORDINANCE - SECT 15

Board may make recommendations relating to prisoners and orders for their release

(Past version on 06/03/1998).
(Past version on 01/07/1997).
(Past version on 30/06/1997).

(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(5) Where pursuant to a licence under the repealed section a prisoner is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).

"repealed section" (已廢除條文)