Hong Kong Regulations

PRISONERS (RELEASE UNDER SUPERVISION) REGULATIONS - SCHEDULE 1

Matters to be considered by the Board

[regulation 6]

1. No applicant shall be recommended for release from imprisonment under the
Ordinance unless the Board has had the opportunity to examine the following-

   (a)  a report of the Superintendent of the prison relating to the conduct
        in prison of the applicant, including any recommendations which the
        staff of the prison have made;

   (b)  any report that was prepared for the court of trial to assist the
        trial judge or magistrate, as the case may be, in determining
        sentence;

   (c)  any recorded observations of the trial judge or magistrate, as the
        case may be, in passing sentence;

   (d)  any medical reports on the applicant that are available to the Board;

   (e)  any report and recommendation which the Commissioner of Police has
        made for the Board.

2. In determining whether to make a recommendation that an applicant should be
released under supervision under the Ordinance the Board, in addition to any
other matters which it considers relevant to its deliberations, shall consider
the following in relation to the applicant-

   (a)  his personality, maturity, stability, sense of responsibility and any
        apparent development in personality which may promote or hinder his
        capacity to comply with the law and with conditions in his supervision
        order;

   (b)  the adequacy of supervision available for his supervision order;

   (c)  his ability and readiness to assume obligations and to undertake
        responsibilities;

   (d)  his intelligence and training;

   (e)  his family circumstances;

   (f)  his associates before imprisonment;

   (g)  where he proposes to reside on release from imprisonment;

   (h)  any history of the use by him of drugs, or of involvement by him with
        any person who holds a criminal record;

   (i)  his criminal record;

   (j)  his conduct in prison;

   (k)  his attitude towards authority and the law; and

   (l)  his conduct during any previous period of probation, care, supervision
        or licence.

3. No applicant shall be recommended for release under supervision under the
Ordinance if the Board concludes that-

   (a)  it is unlikely that he will comply with the conditions of his
        supervision order;

   (b)  a supervision order in respect of the applicant would be inappropriate
        having regard to the gravity of the offence for which the applicant
        was sentenced to imprisonment; or

   (c)  continuing correctional treatment, medical care, or vocational or
        other training in an institution of the Correctional Services
        Department would substantially enhance the capacity of the applicant
        to lead a law-abiding life if he were released at a later date.
        (Enacted 1987)