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

7. Requirements of supervision orders of the Board
(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.

8. Release of prisoner under supervision order
(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)

9. Requirements of release under supervision
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.

10. Remission of sentence upon expiration of supervision order
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.

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

11. Right to review of supervision order
(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.

12. Variation of supervision order following change in circumstances
(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.

13. Suspension of supervision order
(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 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)

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

14. Provision of materials in proceedings under section 13
(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).