Hong Kong Ordinances

LONG-TERM PRISON SENTENCES REVIEW ORDINANCE - SECT 43

Power to make regulations

(Past version on 30/06/1997).

Amendments retroactively made - see 15 of 1999 s. 3

(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.