Transfer Of Sentenced Persons Ordinance


Published: 1997-06-30

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Cap 513 - TRANSFER OF SENTENCED PERSONS ORDINANCE 1

Chapter: 513 TRANSFER OF SENTENCED PERSONS ORDINANCE Gazette Number Version Date

Long title 30/06/1997


To make provision for the transfer between Hong Kong and places outside Hong Kong of persons detained in
institutions by virtue of orders made by courts in the exercise of their criminal jurisdiction; and for matters
incidental thereto or connected therewith.


[6 June 1997] L.N. 303 of 1997


(Originally 51 of 1997)

Section: 1 Short title 30/06/1997


(1) This Ordinance may be cited as the Transfer of Sentenced Persons Ordinance.
(2) (Omitted as spent)


Section: 2 Interpretation 13 of 2005 01/12/2005


In this Ordinance, unless the context otherwise requires-
"arrangements for the transfer of sentenced persons" (移交被判刑人士的安排) means arrangements-

(a) which are applicable to-
(i) the Government and the government of a place outside the People's Republic of China; or
(ii) Hong Kong and a place outside the People's Republic of China; or
(iii) the Government of the Macau Special Administrative Region and the Government; and (Added

13 of 2005 s. 3)
(b) for the purposes of- (Amended 13 of 2005 s. 3)

(i) the transfer of a sentenced person or sentenced persons to Hong Kong from that place or from
Macau; or

(ii) the transfer of a sentenced person or sentenced persons to that place or to Macau from Hong
Kong; (Amended 13 of 2005 s. 3)

"court" (法院) includes a magistrate, tribunal and any other judicial authority of Hong Kong or a place outside Hong
Kong;

"institution" (機構) includes a prison, hospital and reception centre;
"inward warrant" (移交入境手令) means a warrant issued under section 3(1)(a);
"outward warrant" (移交出境手令) means a warrant issued under section 3(1)(b);
"sentence" (刑、刑罰) means any punishment or measure involving the deprivation of liberty ordered by a court-

(a) for a limited, unlimited or indeterminate period of time; and (Amended 32 of 2000 s. 24)
(b) in the course of the exercise of its criminal jurisdiction;

"sentenced person" (被判刑人士) means a person who is required to be detained in an institution to serve a sentence.

Section: 3 Issue of warrant, etc. 15 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 15 of 1999 s. 3


(1) Subject to section 4, the Chief Executive may, pursuant to any arrangements for the transfer of sentenced
persons, issue a warrant in the form specified in Schedule 1 providing for the transfer of a sentenced person-

(a) into Hong Kong from the place outside Hong Kong to which those arrangements are applicable; or
(b) to the place outside Hong Kong to which those arrangements are applicable.

(2) The Chief Executive may, by notice in the Gazette, amend Schedule 1.
(Amended 15 of 1999 s. 3)





Cap 513 - TRANSFER OF SENTENCED PERSONS ORDINANCE 2

Section: 4 Restrictions on issue of warrant 13 of 2005 01/12/2005


(1) The Chief Executive shall not issue an inward warrant unless-
(a) the acts or omissions constituting the conduct in respect of which the sentence was imposed amount to

conduct which, if the conduct had occurred in Hong Kong, would constitute a criminal offence under
the law of Hong Kong;

(b) the sentenced person-
(i) holds a permanent identity card within the meaning of the Registration of Persons Ordinance

(Cap 177); or
(ii) in the opinion of the Chief Executive, otherwise has close ties with Hong Kong;

(c) the sentence imposed is for-
(i) life;
(ii) an indeterminate period; or (Amended 32 of 2000 s. 25)
(iii) a fixed period;

(d) no further criminal proceedings relating to the sentenced person in respect of the conduct which gave
rise to the sentence imposed are pending in the place outside Hong Kong; and

(e) an appropriate authority of the place outside Hong Kong and the sentenced person (or a person acting
on his behalf) have consented to the transfer.

(2) The Chief Executive shall not issue an outward warrant unless-
(a) the acts or omissions constituting the conduct in respect of which the sentence was imposed amount to

conduct which, if the conduct had occurred in the place outside Hong Kong, would constitute a
criminal offence under the law of that place;

(b) (i) in the case of a transfer to a place outside the People's Republic of China, the sentenced person is
a national of that place or, in the opinion of the Chief Executive, otherwise has close ties with
that place; or

(ii) in the case of a transfer to Macau, the sentenced person is a permanent resident of Macau or, in
the opinion of the Chief Executive, otherwise has close ties with Macau; (Replaced 13 of 2005 s.
4)

(c) the sentence imposed is for-
(i) life;
(ii) an indeterminate period; or (Amended 32 of 2000 s. 25)
(iii) a fixed period;

(d) no further criminal proceedings relating to the sentenced person in respect of the conduct which gave
rise to the sentence imposed are pending in Hong Kong; and

(e) an appropriate authority of Hong Kong and the sentenced person (or a person acting on his behalf)
have consented to the transfer.

(Amended 15 of 1999 s. 3)

Section: 5 Transfers into and out of Hong Kong 15 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 15 of 1999 s. 3


(1) An inward warrant shall-
(a) be sufficient authority for-

(i) the bringing of the sentenced person into Hong Kong from the place outside Hong Kong;
(ii) the taking of the sentenced person to the institution in Hong Kong which is specified in the

warrant; and
(iii) the detention of the sentenced person in accordance with the terms of the warrant; and

(b) not specify that the sentenced person is to be detained beyond the date, if any, which the place outside
Hong Kong has advised is the termination date of the sentence imposed.

(2) An outward warrant shall be sufficient authority for-
(a) the taking of the sentenced person from an institution in Hong Kong and his delivery into the custody

of an escorting officer representing the appropriate authority of the place outside Hong Kong; and
(b) the removal of the sentenced person by the escorting officer to the place outside Hong Kong.



Cap 513 - TRANSFER OF SENTENCED PERSONS ORDINANCE 3

(3) If any sentenced person-
(a) who is in custody by virtue of an inward or outward warrant escapes out of custody; or
(b) who has been removed from Hong Kong by virtue of an outward warrant returns to Hong Kong-

(i) before the completion of the sentence imposed on him in Hong Kong; and
(ii) without the consent in writing of the Chief Executive,

then-
(i) in either case, the sentenced person may be taken in Hong Kong in like manner as a person who has

escaped from a prison in Hong Kong; and
(ii) in the case of paragraph (b), subject to subsection (4), the sentenced person, if so taken, shall serve in

Hong Kong-
(A) the unexpired portion of that sentence remaining to be served commencing on the date on which

he is so taken; and
(B) all or so much of the period-

(I) between the date on which, for whatever reason, he ceased to serve that sentence in the
place outside Hong Kong concerned and the date referred to in subparagraph (A); and

(II) as the Chief Executive directs in writing that he shall so serve.
(4) Subsection (3)(ii) shall not operate to-

(a) prevent the Chief Executive from issuing a further outward warrant in respect of the sentenced person
referred to in that subsection; or

(b) prejudice the exercise by any person (whether or not the Chief Executive) of any power under any law
to pardon the sentenced person or commute or otherwise shorten all or any part of the sentence referred
to in that subsection.

(Amended 15 of 1999 s. 3)

Section: 6 Revocation and variation of warrant 15 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 15 of 1999 s. 3


(1) Subject to subsection (2), the Chief Executive may, by direction in writing, revoke or vary an inward or
outward warrant.

(2) Where the term of the sentence imposed on a sentenced person the subject of an inward or outward warrant
has been commuted or reduced, the Chief Executive shall under subsection (1) revoke or vary that warrant to give
effect to the commutation or reduction, as the case may be.

(Amended 15 of 1999 s. 3)

Section: 7 Transit 15 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 15 of 1999 s. 3


Where a place outside Hong Kong wishes to transport in custody through Hong Kong a sentenced person who is
being taken to that place from another place outside Hong Kong for the purposes of serving in that first-mentioned
place a sentence imposed on him in that second-mentioned place-

(a) that person may be transported in custody through Hong Kong for those purposes;
(b) a police officer (or any other person belonging to a class of persons authorized in writing by the Chief

Executive for the purposes of this section) may, for the purposes of such transport, hold that person in
custody for not more than-
(i) 48 hours; or
(ii) such further period as is permitted in writing by the Chief Executive.

(Amended 15 of 1999 s. 3)

Section: 8 (Repealed 15 of 1999 s. 3) 15 of 1999 01/07/1997


Remarks:



Cap 513 - TRANSFER OF SENTENCED PERSONS ORDINANCE 4

Adaptation amendments retroactively made - see 15 of 1999 s. 3

Section: 9 Chief Executive to give notice to Central People's

Government in relation to relevant requests
13 of 2005 01/12/2005



(1) The Chief Executive shall cause the Central People's Government to be given notice of every relevant
request.

(2) Where the Central People's Government issues an instruction to the Chief Executive to take, or not to take,
an action-

(a) in relation to a relevant request; and
(b) on the ground that if the instruction were not complied with the interests of the People's Republic of

China in matters of sovereignty, security or public order would be significantly affected,
then the Chief Executive shall comply with that instruction.

(3) Without prejudice to the operation of subsection (2), a relevant request shall not be complied with until-
(a) the expiration of the relevant period; or
(b) the Central People's Government advises the Chief Executive that the request may be complied with,

whichever first occurs.
(4) A notice under subsection (1) shall-

(a) be accompanied by-
(i) a copy of the relevant request;
(ii) copies of the accompanying documents;
(iii) a summary of the material facts supporting the request;
(iv) particulars of any places through which the sentenced person will be transported; and
(v) such other documents relating to the request as may be required by the Central People's

Government;
(b) if not already provided by virtue of paragraph (a), clearly identify-

(i) the person making the request;
(ii) the sentenced person; and
(iii) in the case of a request referred to in-

(A) paragraph (a) of the definition of "relevant request", the place from which it is proposed to
transfer the sentenced person into Hong Kong;

(B) paragraph (b) of that definition, the place to which it is proposed to transfer the sentenced
person from Hong Kong;

(C) paragraph (c) of that definition, the places from and to which it is proposed to transport the
sentenced person in custody through Hong Kong; (Amended 13 of 2005 s. 5)

(c) if not already provided by virtue of paragraph (a), state-
(i) the acts or omissions constituting the conduct in respect of which the sentence was imposed;
(ii) the sentence imposed;
(iii) the period of that sentence already served by the sentenced person; and
(iv) if that sentence is a fixed period, the date on which the sentenced person will cease to serve that

sentence;
(d) in the case of a request referred to in paragraph (a) or (b) of the definition of "relevant request", and if

not already provided by virtue of paragraph (a), provide a copy of the sentenced person's (or a person
acting on his behalf) consent to the transfer;

(e) in the case of a request referred to in paragraph (c) of the definition of "relevant request", and if not
already provided by virtue of paragraph (a) and if practicable, state particulars of the time the
sentenced person is to be transported in custody through Hong Kong; and

(f) in the case of a request referred to in paragraph (a) or (b) of the definition of "relevant request"-
(i) state the basis on which the request is being made; and
(ii) state advice with reasons whether the request may be complied with.

(5) Where a relevant request has been complied with, the Chief Executive shall, if the Central People's
Government so requires, provide the Central People's Government with particulars of any evidence or documents
provided pursuant to the request.

(6) In this section-
"relevant period" (有關的期間), in relation to a relevant request, means the period commencing on the receipt of the



Cap 513 - TRANSFER OF SENTENCED PERSONS ORDINANCE 5

request and expiring upon the elapse of such number of days as are agreed in writing from time to time by the
Central People's Government and the Chief Executive for the purposes of this definition;

"relevant request" (有關的要求) means- (Amended 13 of 2005 s. 5)
(a) a request to issue an inward warrant for the transfer of a sentenced person to Hong Kong from a place

outside Hong Kong other than Macau;
(b) a request to issue an outward warrant for the transfer of a sentenced person from Hong Kong to a place

outside Hong Kong other than Macau; or
(c) a request to transport in custody through Hong Kong a sentenced person from a place outside Hong

Kong (other than Macau) to another place outside Hong Kong (other than Macau). (Amended 13 of
2005 s. 5)

(Amended 15 of 1999 s. 3)

Section: 10 Transitional 15 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 15 of 1999 s. 3


(1) Where-
(a) a sentenced person is in custody in Hong Kong by virtue of a warrant issued under the Repatriation of

Prisoners (Overseas Territories) Order 1986 (App. III, p. C1)*; and
(b) the sentence to be served by that person has not expired on or before the date on which-

(i) any arrangements for the transfer of sentenced persons come into operation between Hong Kong
and the place outside Hong Kong from which that person was brought into Hong Kong pursuant
to the warrant; or

(ii) that Order ceases to be part of the law of Hong Kong,
whichever first occurs,

then that warrant shall be deemed to be an inward warrant issued under this Ordinance on that date in respect of the
unexpired portion of that sentence remaining to be served after that date, and the other provisions of this Ordinance
(including section 6) shall be construed accordingly.

(2) If any sentenced person who has been removed from Hong Kong-
(a) by virtue of a warrant issued under the Repatriation of Prisoners (Overseas Territories) Order 1986

(App. III, p. C1)*; and
(b) returns to Hong Kong-

(i) before the completion of the sentence imposed on him in Hong Kong; and
(ii) without the consent in writing of the Chief Executive,

then-
(i) the sentenced person may be taken in Hong Kong in like manner as a person who has escaped from a

prison in Hong Kong; and
(ii) subject to subsection (3), the sentenced person, if so taken, shall serve in Hong Kong-

(A) the unexpired portion of that sentence remaining to be served commencing on the date on which
he is so taken; and

(B) all or so much of the period-
(I) between the date on which, for whatever reason, he ceased to serve that sentence in the

place outside Hong Kong concerned and the date referred to in subparagraph (A); and
(II) as the Chief Executive directs in writing that he shall so serve.

(3) Subsection (2)(ii) shall not operate to-
(a) prevent the Chief Executive from issuing an outward warrant in respect of the sentenced person

referred to in that subsection; or
(b) prejudice the exercise by any person (whether or not the Chief Executive) of any power under any law

to pardon the sentenced person or commute or otherwise shorten all or any part of the sentence referred
to in that subsection.

(Amended 15 of 1999 s. 3)
_________________________________________________________________________________
* Please also see s. 3 of Schedule 2.




Cap 513 - TRANSFER OF SENTENCED PERSONS ORDINANCE 6

Section: 11 (Omitted as spent) 30/06/1997




Schedule: 1 INWARD AND OUTWARD WARRANTS 13 of 2005 01/12/2005


[section 3]


PART 1


INWARD WARRANT


To the Commissioner of Correctional Services and to each and all of the officers acting under his orders.


Whereas, pursuant to the Transfer of Sentenced Persons Ordinance (Cap 513), this warrant authorizes the
bringing into Hong Kong of ............................................... (name of sentenced person)
from ..................................................... (name of the place outside Hong Kong) to ............................................ (name
of institution) to serve in Hong Kong the sentence imposed on him in the said place
[until ............................................... (date on which the said sentence terminates)]*:


YOU, THE SAID OFFICERS, ARE HEREBY COMMANDED to take the said sentenced person and to safely
convey him to the said institution, and there deliver him to the Commissioner of Correctional Services, together with
this warrant:


YOU, THE SAID COMMISSIONER OF CORRECTIONAL SERVICES, ARE HEREBY COMMANDED to
receive the said sentenced person into your custody, and detain him to serve the said sentence [until the said date]*;
and for your so doing this shall be sufficient warrant.


Dated this ......... day of .....................................



......................................................
(Signature) Chief Executive


* Delete if the sentence imposed is for life.



PART 2


OUTWARD WARRANT


To the Commissioner of Correctional Services, to each and all of the officers acting under his orders and to the
escorting officer representing the appropriate authority of the place outside Hong Kong.


Whereas, pursuant to the Transfer of Sentenced Persons Ordinance (Cap 513), this warrant authorizes the taking
of ................................................................ (name of sentenced person) from ................................................... (name of
institution) and his delivery into the custody of the said escorting officer for the purposes of his removal
to ....................................... (name of the place outside Hong Kong) to serve in the said place the sentence imposed on
him in Hong Kong:


YOU, THE SAID COMMISSIONER OF CORRECTIONAL SERVICES, ARE HEREBY COMMANDED to
release the said sentenced person from the said institution into the custody of the said officers for the delivery of the
said sentenced person to the said escorting officer, together with this warrant:


YOU, THE SAID OFFICERS, ARE HEREBY COMMANDED to take the said sentenced person and to safely
convey him to the said escorting officer, and there deliver him into the custody of the said escorting officer, together



Cap 513 - TRANSFER OF SENTENCED PERSONS ORDINANCE 7

with this warrant:


YOU, THE SAID ESCORTING OFFICER, ARE HEREBY COMMANDED to remove the said sentenced
person to the said place; and for your so doing this shall be sufficient warrant.


Dated this ......... day of .....................................



......................................................
(Signature) Chief Executive

(Amended 15 of 1999 s. 3; 13 of 2005 s. 6)

Schedule: 2 CONSEQUENTIAL AMENDMENTS 30/06/1997


[Section 11]

1-2. (Omitted as spent)


Repatriation of Prisoners (Overseas Territories) Order 1986


3. Sections 1 to 9 of the Repatriation of Prisoners

Act 1984 as modified and adapted


The Repatriation of Prisoners (Overseas Territories) Order 1986 (App. III, p. C1), in so far as it is part of the
law of Hong Kong, is amended, in Schedule 1, by adding-


"8A. Application


This Act shall not apply as between Hong Kong and a place outside Hong Kong where any arrangements
for the transfer of sentenced persons, within the meaning of section 2 of the Transfer of Sentenced Persons
Ordinance (51 of 1997 Hong Kong), are in operation between Hong Kong and that place.".

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