Hong Kong Ordinances

LONG-TERM PRISON SENTENCES REVIEW ORDINANCE - SECT 4

Interpretation

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

(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" (懲教人員) 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.

"addiction treatment centre" (戒毒所)

"Board" (委員會)

"Commissioner" (署長)

"conditional release order" (有條件釋放令)

"correctional services officer" (懲教人員)

"court" (法院)

"discretionary life sentence" (酌情性終身監禁刑罰)

"Executive discretion" (行政酌情決定)

"function" (職能)

"indeterminate sentence" (無限期刑罰)

"juvenile prisoner" (青少年囚犯)

"long-term prisoner" (長刑期囚犯)

"mandatory life sentence" (強制性終身監禁刑罰)

"minimum term" (最低刑期)

"prisoner" (囚犯)

"regulation" (規例)

"sentence" (刑罰)

"supervision order" (監管令)

"transferred prisoner" (被移交囚犯)