Post-Release Supervision of Prisoners Ordinance


Published: 2014-04-10

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Cap 475 - Post-Release Supervision of Prisoners Ordinance 1

Chapter: 475 Post-Release Supervision of Prisoners Ordinance Gazette Number Version Date

Long title E.R. 2 of 2014 10/04/2014


An Ordinance to provide for the release under supervision of certain categories of prisoner, on the order of a board
established for the purpose.

(Enacted 1995)


[30 November 1996] L.N. 506 of 1996


(Enacting provision omitted—E.R. 2 of 2014)

(Originally 36 of 1995)

(*Format changes—E.R. 2 of 2014)
__________________________________________________________________________
Note:
* The format of the Ordinance has been updated to the current legislative styles.

Part: 1 Preliminary E.R. 2 of 2014 10/04/2014




Section: 1 Short title E.R. 2 of 2014 10/04/2014


(1) This Ordinance may be cited as the Post-Release Supervision of Prisoners Ordinance.
(2) (Omitted as spent—E.R. 2 of 2014)

(Enacted 1995)

Section: 2 Interpretation E.R. 2 of 2014 10/04/2014


In this Ordinance-
Board (委員會) means the Post-Release Supervision Board established under section 4;
Chairman (主席) and Deputy Chairman (副主席) mean the persons appointed as Chairman and Deputy Chairman

respectively of the Board under section 4(1)(a);
Commissioner (署長) means the Commissioner of Correctional Services;
detention facility (拘留地方) means-

(a) any prison;
(b) any place or building appointed to be a detention centre under section 3 of the Detention Centres Ordinance

(Cap 239);
(c) any place or building appointed to be an addiction treatment centre under section 3 of the Drug Addiction

Treatment Centres Ordinance (Cap 244); (Amended 11 of 2001 s. 18)
(d) any place or building declared for use for the purposes of a training centre under section 3(2) of the

Training Centres Ordinance (Cap 280); or (Amended 11 of 2001 s. 18)
(e) any place or building appointed to be a rehabilitation centre under section 3 of the Rehabilitation Centres

Ordinance (Cap 567); (Added 11 of 2001 s. 18)
prisoner (囚犯) includes a person who has been released from imprisonment subject to supervision under this

Ordinance;
specified sentence (指明刑罰) means a sentence specified for the purpose of section 3(b);
supervising officer (監管人員) means a person designated by the Commissioner for the purposes of section 8;
supervision order (監管令) means an order made by the Board under section 6.

(Enacted 1995)




Cap 475 - Post-Release Supervision of Prisoners Ordinance 2

Section: 3 Application E.R. 2 of 2014 10/04/2014


(1) This Ordinance applies to every prisoner who- (Amended 86 of 1997 s. 44)
(a) was aged 21 years or over at the time of being sentenced to imprisonment, or who has since attained the age

of 25 years;
(b) is serving a sentence of a kind specified in regulations made under section 23;
(c) is not subject to a deportation order under section 20 of the Immigration Ordinance (Cap 115) or to a

removal order under section 19(1) of that Ordinance;
(d) is not subject to supervision by virtue of an order under section 7(1) of the Prisoners (Release under

Supervision) Ordinance (Cap 325); and
(e) is not liable to supervision following his release from imprisonment by virtue of section 5A of the Training

Centres Ordinance (Cap 280).
(2) However, this Ordinance does not apply to a prisoner who was sentenced or detained under an indeterminate

sentence within the meaning of the Long-term Prison Sentences Review Ordinance (Cap 524) and whose
sentence is subsequently converted by the Chief Executive to a determinate sentence. (Added 86 of 1997 s. 44.
Amended 22 of 2004 s. 5)

(3) In subsection (2), determinate sentence (確定限期刑罰) has the same meaning as in the Long-term Prison
Sentences Review Ordinance (Cap 524). (Added 86 of 1997 s. 44)

(Enacted 1995)

Section: 4 Establishment of Board E.R. 2 of 2014 10/04/2014


(1) There shall be a Post-Release Supervision Board consisting of not less than 8 members appointed by the Chief
Executive, which members shall include-
(a) 2 persons who hold or have held office as a judge of the High Court by appointment under section 6 of the

High Court Ordinance (Cap 4) or as a District Judge by appointment under section 4 of the District Court
Ordinance (Cap 336), of whom one shall be the chairman and the other the deputy chairman; (Amended 25
of 1998 s. 2)

(b) a representative of the Commissioner of Correctional Services;
(c) a representative of the Commissioner of Police;
(d) a medical practitioner appearing to the Chief Executive to have experience in psychiatry;
(e) a person appearing to the Chief Executive to have expertise and experience in psychology;
(f) a barrister or solicitor holding a current practising certificate and being a person appearing to the Chief

Executive to be experienced in the practice of the criminal law; and
(g) a person appearing to the Chief Executive to have experience of, or an active interest in, the rehabilitation

of offenders.
(2) The Chief Executive may appoint in addition such other persons as he sees fit to be members of the Board.

(Amended 15 of 1999 s. 3)

Section: 5 Functions of Board E.R. 2 of 2014 10/04/2014


(1) The functions of the Board shall be-
(a) to consider whether any prisoner to whom this Ordinance applies should be granted early release under

supervision, and if so, to order his release in accordance with this Ordinance; and
(b) to consider applications for the variation, suspension or discharge of supervision orders in accordance with

this Ordinance.
(2) In the discharge of its functions under this Ordinance the Board shall have regard to-

(a) the desirability of securing prisoners' rehabilitation and their re-integration into society; and
(b) the need to protect the public from serious harm from offenders.

(Enacted 1995)

Part: 2 Supervision Orders E.R. 2 of 2014 10/04/2014


(Enacted 1995)



Cap 475 - Post-Release Supervision of Prisoners Ordinance 3


Section: 6 Board may order early release of prisoner under

supervision
E.R. 2 of 2014 10/04/2014



(1) Where it appears to the Board that a prisoner to whom this Ordinance applies should be granted early release on
the ground of his industry and good conduct, the Board may, if it considers that the prisoner should be subject to
a period of supervision following such release, order the prisoner's early release subject to supervision under this
Ordinance.

(2) An order under this section may provide for the release under supervision of a prisoner at any time after he has
served not less than two-thirds of the total of the actual term of his sentence and any period spent in custody
taken into account under section 67A of the Criminal Procedure Ordinance (Cap 221), plus the whole of any
period of forfeiture of remission ordered against him under rule 63(1)(c) of the Prison Rules (Cap 234 sub. leg.
A).

(3) The Commissioner shall refer to the Board for its consideration under this section the case of any prisoner to
whom this Ordinance applies, together with a report and his recommendation concerning the prisoner.

(4) For the purposes of this section, consecutive terms of imprisonment of specified sentences shall be treated as one
term.

(5) This section shall not apply to a prisoner serving a sentence of imprisonment for life.
(6) In this section, actual term (實際刑期) means the term of a sentence of imprisonment as reduced, if reduced at

all, by section 67A of the Criminal Procedure Ordinance (Cap 221).
(Amended E.R. 2 of 2014)

(Enacted 1995)

Section: 7 Requirements of supervision orders of the Board E.R. 2 of 2014 10/04/2014


(1) A supervision order shall specify-
(a) the portion of the total period referred to in section 6(2) applicable in the case of the prisoner;
(b) the conditions as to supervision which the Board considers to be necessary or desirable in the case of the

prisoner having regard to the considerations specified in section 5(2)(a) and (b);
(c) the period for which the order shall remain in force, being a period ending not later than the date on which

the prisoner's sentence would expire without any form of early release or remission.
(2) A supervision order shall be drawn up and signed by the Chairman and served on the Commissioner.
(3) Where the Board decides to make no supervision order it shall inform the Commissioner accordingly.
(4) A supervision order shall be subject to the prisoner's industry and good conduct prior to his release, and may be

reviewed by the Board at any time before the prisoner's release under this Ordinance.
(Enacted 1995)


Section: 8 Release of prisoner under supervision order E.R. 2 of 2014 10/04/2014


(1) Where a supervision order has been served on the Commissioner, the Commissioner shall-
(a) endorse on the order-

(i) the date of release of the prisoner and the date on which the order shall expire, calculated in
accordance with section 6 and the terms of the order; and

(ii) particulars of such person as the Commissioner shall designate to be the supervising officer of the
prisoner; and

(b) serve a copy of the order on the prisoner,
and the prisoner's release shall take effect subject to the supervision order.

(2) Where subsequent to the service on a prisoner of the copy of a supervision order under this section he incurs any
period of forfeiture of remission pursuant to rule 63(1)(c) of the Prison Rules (Cap 234 sub. leg. A), the
Commissioner may endorse a fresh copy of the order for service on the prisoner, and in such case the copy of the
order previously served on the prisoner shall cease to have effect.

(3) The Commissioner may at any time designate a person to be the supervising officer of a prisoner in place of the
person so designated under subsection (1). (Added 73 of 1996 s. 2)

(Amended E.R. 2 of 2014)



Cap 475 - Post-Release Supervision of Prisoners Ordinance 4

(Enacted 1995)

Section: 9 Requirements of release under supervision E.R. 2 of 2014 10/04/2014


A prisoner who is released from imprisonment subject to a supervision order shall, until the expiration of the order in
accordance with this Ordinance-

(a) be subject to supervision by a supervising officer; and
(b) comply with the order.

(Enacted 1995)

Section: 10 Remission of sentence upon expiration of supervision order E.R. 2 of 2014 10/04/2014


Upon the expiration or discharge of a prisoner's supervision order in accordance with this Ordinance, any unserved
balance of his sentence shall be deemed to be remitted.

(Enacted 1995)

Part: 3 Variation, Suspension, etc. of Supervision Orders E.R. 2 of 2014 10/04/2014


(Enacted 1995)

Section: 11 Right to review of supervision order E.R. 2 of 2014 10/04/2014


(1) Subject to subsection (2), any person who is subject to a supervision order may, upon the making of the order or
at any time after the making of the order, request the Board to vary or discharge the order.

(2) A person shall not be entitled to make more than one request to the Board under this section.
(Enacted 1995)


Section: 12 Variation of supervision order following change in

circumstances
E.R. 2 of 2014 10/04/2014



(1) Where there has been a material change in the circumstances concerning any person who is subject to a
supervision order, the Board may, at the instance of the person or his supervising officer, vary the terms or
conditions of the order (including the period for which the order is to remain in effect), or the period of any
suspension of the order.

(2) No order may be made under this section which could not have been made in respect of the person under section
6 or 13, as the case may be.

(Enacted 1995)

Section: 13 Suspension of supervision order E.R. 2 of 2014 10/04/2014


(1) Where the Board is satisfied as regards a person who is subject to a supervision order that-
(a) the person has without lawful authority or reasonable excuse failed to comply with any term or condition of

the order; or
(b) because of his conduct or a change in his circumstances since his release-

(i) the person is likely to commit an arrestable offence; or
(ii) in the case of a person who has been recalled to prison under section 16 or 17, the person was at the

time of his recall a person likely to commit an arrestable offence,
it may order that the supervision order be suspended for a specified period not exceeding the unexpired term of
the order.

(2) Where an order is made by the Board under this section the Commissioner shall recall the person to prison and
reimprison him for the period of the suspension, or for such shorter period as may be appropriate having regard
to any remission granted pursuant to rule 69 of the Prison Rules (Cap 234 sub. leg. A) in respect of the period of
reimprisonment.

(3) A supervision order which has been suspended under subsection (1) shall revive upon the expiration of the



Cap 475 - Post-Release Supervision of Prisoners Ordinance 5

period of suspension or the prisoner's earlier release from reimprisonment.
(4) An order under this section or section 12 relating to the suspension of a supervision order for any period shall

not affect the date of expiration of the supervision order.
(Amended E.R. 2 of 2014)

(Enacted 1995)

Section: 14 Provision of materials in proceedings under section 13 E.R. 2 of 2014 10/04/2014


(1) An order shall not be made by the Board under section 13 unless-
(a) not less than 7 days before the day appointed for the purposes of paragraph (b) the person under supervision

has been provided with a copy of all relevant material to be considered by the Board in connection with the
possible making of the order; and

(b) the person under supervision has been allowed an opportunity, on a day appointed for the purpose, to appear
before the Board and be heard or to make representations to the Board.

(2) Notwithstanding subsection (1)(a), where the Board reasonably considers that the disclosure of any part of the
material referred to in that paragraph would be likely-
(a) to jeopardise the health or safety of any person;
(b) to jeopardise the security of any detention facility;
(c) to prejudice the conduct of any lawful investigation into an offence,
the Board shall not be required to provide the person under supervision with a copy of that part of the material
but shall, if it elects not to provide a copy of any part of the material in accordance with this subsection, provide
such information concerning that material as may reasonably be disclosed to the person having regard to the
matters mentioned in paragraphs (a) to (c); and subsection (1)(a) shall apply to the provision of such information
as it applies to the provision of a copy of the relevant material to be considered by the Board.

(3) Nothing in subsection (2) shall be construed as authorizing the Board not to provide the person under
supervision with sufficient material, or sufficient information concerning the material, as will enable him to
appreciate the general nature of the case against him.

(4) Any material required to be provided to a person under subsection (1)(a) shall be provided to him in such of the
official languages as he may, upon being invited so to do, indicate to be his preferred language for those
purposes.

(5) The Board may, where good cause is shown as to why any part of the material to which subsection (1)(a) applies
could not have been provided earlier, make an order under section 13 notwithstanding that such part of the
material was provided to the person less than 7 days before the day appointed for the purposes of subsection
(1)(b).

(Enacted 1995)

Section: 15 Assistance at hearings under section 13 E.R. 2 of 2014 10/04/2014


(1) At any hearing under section 13 at which the person under supervision is present the Board shall, subject to
subsection (2), permit him to be assisted by a person of his choice, and a person so chosen is entitled-
(a) to be present at the hearing at all times when the person under supervision is present;
(b) to advise the person under supervision throughout the hearing; and
(c) to address the Board on behalf of the person under supervision.

(2) The following persons are not eligible to assist a person under supervision for the purposes of subsection (1)-
(a) any person who is or has at any time been subject to an order for detention under the Mental Health

Ordinance (Cap 136);
(b) any person who is serving a sentence of imprisonment;
(c) any person who has served a sentence of imprisonment in Hong Kong.

(Enacted 1995)

Section: 16 Temporary recall order E.R. 2 of 2014 10/04/2014


(1) Where it appears to the Chairman or Deputy Chairman that there are grounds upon which an order under section
13 could be made by the Board in respect of any person, the Chairman or Deputy Chairman may order the
temporary recall of that person to prison and his detention pending the making of an order by the Board under



Cap 475 - Post-Release Supervision of Prisoners Ordinance 6

that section.
(2) Following the detention of any person under this section, the Board shall convene as soon as is practicable for

the purpose of considering the making of an order under section 13.
(3) Nothing in this section shall authorize the detention of any person beyond the expiration of 14 days beginning on

the date of his initial detention under this section.
(Enacted 1995)


Section: 17 Summary recall by Commissioner E.R. 2 of 2014 10/04/2014


The Commissioner may-
(a) if he believes that there are grounds upon which an order under section 13 could be made in respect of any

person; and
(b) where he considers it to be in the public interest that the person be detained in custody without delay,

recall that person to prison and detain him in his custody for a period not exceeding 72 hours pending a decision as to
the issue of a temporary recall order under section 16.

(Enacted 1995)

Section: 18 Supervision order to cease E.R. 2 of 2014 10/04/2014


(1) Where any person who is subject to a supervision order (including a supervision order that has been suspended)
is convicted of an offence and-
(a) is sentenced to a term of imprisonment (other than a sentence which is suspended) which is longer than the

unexpired portion of his supervision order;
(b) is ordered to be detained in an addiction treatment centre; or
(c) is subject to a probation order made under section 3 of the Probation of Offenders Ordinance (Cap 298),
the supervision order shall cease to have effect.

(2) In this section, addiction treatment centre (戒毒所) has the same meaning as in section 2 of the Drug Addiction
Treatment Centres Ordinance (Cap 244).

(Enacted 1995)

Section: 19 Arrest and detention following an order or recall under

section 13(1), 16(1) or 17
E.R. 2 of 2014 10/04/2014



(1) Where-
(a) the Board orders under section 13(1) the suspension of a supervision order which is in force in relation to a

person;
(b) the Chairman or Deputy Chairman orders under section 16(1) the temporary recall of a person who is

subject to a supervision order;
(c) the Commissioner recalls to prison under section 17 a person who is subject to a supervision order,
then that person, if at large at the time the order or the summary recall is made, shall be deemed to be unlawfully
at large.

(2) A police officer may, if he reasonably suspects that an order or summary recall mentioned in subsection (1) is in
force against a person and that the person is unlawfully at large, arrest the person and take him to a prison.

(3) An officer of the Correctional Services Department who is the supervising officer of a person may, if he
reasonably suspects that an order or summary recall mentioned in subsection (1) is in force against the person
and that the person is unlawfully at large, arrest the person and take him to a prison.

(4) Unless the Chief Executive otherwise directs in a particular case, any period during which a person is unlawfully
at large while an order or summary recall mentioned in subsection (1) is in force against him shall be
disregarded in calculating the period for which he may be reimprisoned or detained, as the case may be, under
the order or summary recall. (Amended 15 of 1999 s. 3)

(Replaced 73 of 1996 s. 3)




Cap 475 - Post-Release Supervision of Prisoners Ordinance 7

Part: 4 Miscellaneous E.R. 2 of 2014 10/04/2014


(Enacted 1995)

Section: 20 Commissioner to give effect to orders of the Board, etc. E.R. 2 of 2014 10/04/2014


The Commissioner shall give effect to any order made by the Board, the Chairman or the Deputy Chairman, in the
exercise of its or his powers under this Ordinance.

(Enacted 1995)

Section: 21 Provisions relating to proceedings under sections 6 and 12 E.R. 2 of 2014 10/04/2014


(1) An order shall not be made by the Board under section 6 or 12 unless-
(a) not less than 14 days before the Board's consideration of the making of the order the prisoner has been

provided with a copy of all relevant material to be considered by the Board in connection with the possible
making of the order; and

(b) the prisoner has been allowed an opportunity to make written representations to the Board.
(2) Notwithstanding subsection (1)(a), where the Board reasonably considers that the disclosure of any part of the

material referred to in that paragraph would be likely-
(a) to jeopardise the health or safety of any person;
(b) to jeopardise the security of any detention facility;
(c) to prejudice the conduct of any lawful investigation into an offence,
the Board shall not be required to provide the prisoner with a copy of that part of the material but shall, if it
elects not to provide a copy of any part of the material in accordance with this subsection, provide such
information concerning that material as may reasonably be disclosed to the prisoner having regard to the matters
mentioned in paragraphs (a) to (c); and subsection (1)(a) shall apply to the provision of such information as it
applies to the provision of a copy of the relevant material to be considered by the Board.

(3) Nothing in subsection (2) shall be construed as authorizing the Board not to provide the prisoner with sufficient
material, or sufficient information concerning the material, as will enable him to appreciate the general nature of
the case against him.

(4) Any material required to be provided to a prisoner under subsection (1)(a) shall be provided to him in such of the
official languages as he may, upon being invited so to do, indicate to be his preferred language for those
purposes.

(Enacted 1995)

Section: 22 Chief Executive may give directions, etc. E.R. 2 of 2014 10/04/2014


(1) The Chief Executive may-
(a) request the Board to reconsider any decision taken by the Board in the exercise of its powers under section

6; or
(b) direct the Board to make a supervision order in respect of any prisoner whose sentence the Chief Executive

has remitted or has commuted from a sentence of life imprisonment to a determinate sentence, and whose
case is under consideration by the Board for the purposes of section 6.

(2) In giving any direction to the Board under subsection (1)(b), the Chief Executive may make recommendations as
to-
(a) the conditions as to supervision; and
(b) the period for which the order shall remain in force,
to be specified in the order, and if the order subsequently made by the Board does not specify such conditions or
period the Board shall submit a report to the Chief Executive setting out the reasons for the conditions and
period specified in its order.

(Amended 15 of 1999 s. 3)
(Enacted 1995)





Cap 475 - Post-Release Supervision of Prisoners Ordinance 8

Section: 23 Regulations E.R. 2 of 2014 10/04/2014


(1) The Chief Executive may make regulations for the better carrying out of the objects of this Ordinance.
(Amended 15 of 1999 s. 3)

(2) Without limiting the generality of subsection (1), regulations made under this section may provide for-
(a) the specification of a sentence for the purposes of section 3(b);
(b) the tenure of persons appointed as members of the Board;
(c) the quorum of the Board, and the conduct of the Board's business;
(d) referrals to the Board by the Commissioner under section 6;
(e) the procedures in respect of any matter for which the Board or the Chairman or Deputy Chairman may

make an order;
(f) matters which may or shall be taken into account by the Board for the purpose of making orders under this

Ordinance;
(g) the form of any order to be made by the Board, and the manner of notifying the Commissioner of such

order;
(h) the duties of the Commissioner in relation to the proper functioning of the Board;
(i) the service of any document on any person, and 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;
(j) the manner in which a prisoner should be allowed an opportunity to make representations to the Board for

the purposes of section 21(1)(b);
(k) any matter which may or shall be prescribed under this Ordinance.

(3) Regulations made under subsection (2)(g) may provide for the specification by the Commissioner of the form of
any order.

(Enacted 1995)

Section: 24 Transitional E.R. 2 of 2014 10/04/2014


(1) Subject to subsection (2), this Ordinance applies to persons sentenced before the date on which it comes into
operation (the commencement date) as it applies to persons sentenced on or after that date.

(2) For the purposes of section 7(1)(c), and subject to that provision, the period to be specified in a supervision order
in the case of a person sentenced before the commencement date shall not exceed whichever of the following is
the greater, that is to say-
(a) a period equal to half the period beginning with the commencement date and ending with the date of the

person's release as calculated in accordance with section 6(2) and taking into account the portion of the total
period referred to in that subsection that the Board proposes to specify in the case of the person; or

(b) 6 months.
(Enacted 1995)

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