### Post-Release Supervision of Prisoners Ordinance 《監管釋囚條例》

15. Assistance at hearings under section 13
(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.

16. Temporary recall order
(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 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.

17. Summary recall by Commissioner
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.

18. Supervision order to cease
(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).

### Post-Release Supervision of Prisoners Ordinance 《監管釋囚條例》

19. Arrest and detention following an order or recall under section 13(1), 16(1) or 17
(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)

20. Commissioner to give effect to orders of the Board, etc.
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.

### Post-Release Supervision of Prisoners Ordinance 《監管釋囚條例》

21. Provisions relating to proceedings under sections 6 and 12
(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.

22. Chief Executive may give directions, etc.
(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)