### Long-term Prison Sentences Review Ordinance 《長期監禁刑罰覆核條例》

16. Power of Chief Executive to make requests and give directions with respect to making of orders by Board
(1) The Chief Executive may—
(a) request the Board to reconsider any decision taken by the Board in respect of a prisoner under this Ordinance; or
(b) direct the Board to make a conditional release order or a supervision order in respect of a prisoner whose sentence the Chief Executive has remitted or has commuted from a sentence of life imprisonment to a determinate sentence and whose sentence is being reviewed by the Board in accordance with this Ordinance.
(2) In giving a direction under subsection (1)(b), the Chief Executive may make recommendations as to—
(a) conditions of supervision; and
(b) the period for which the order is to remain in force.
(3) The Board must consider a request made under subsection (1)(a) and give effect to a direction made under subsection (1)(b).
(4) If the Board makes an order that is not in accordance with the Chief Executive’s recommendations, the Board must make a report to the Chief Executive setting out the reasons why it has departed from them.
(Amended 15 of 1999 s. 3)

17. Commissioner to give effect to orders of Board and President
The Commissioner must give effect to orders made by the Board and the President under this Ordinance.

18. Conditions for conditional release
(1) A conditional release order relating to a prisoner may be for a period of not more than 2 years and must specify the following particulars—
(a) the date on which the order is to take effect;
(b) the total period during which the order is to remain in force;
(c) the conditions to which the order is subject.
(2) Those conditions may include (but are not limited to) conditions as to all or any of the following matters—
(a) places where the prisoner may reside or not reside;
(b) places where the prisoner may be employed or not employed;
(c) places that the prisoner must not visit;
(d) persons whom the prisoner must not voluntarily meet or communicate with;
(e) days or times of a day when the prisoner must be or not be at a specified place;
(f) the times and places at which the prisoner must report to a specified person or place;
(g) the prisoner’s voluntary participation in events only with the prior permission of the prisoner’s supervising officer or, in the case of events the occurrence of which the prisoner could not reasonably have foreseen or in which the prisoner participated involuntarily, the reporting of those events to that officer.

### Long-term Prison Sentences Review Ordinance 《長期監禁刑罰覆核條例》

19. Duties of Commissioner where prisoner to be conditionally released
(1) On being served with a conditional release order in relation to a prisoner, the Commissioner must endorse on the order—
(a) the date on which the prisoner is to be released; and
(b) the date on which the order is to cease to have effect (calculated by reference to the terms of the order); and
(c) particulars sufficient to identify the person whom the Commissioner has designated to be the prisoner’s supervising officer.
(2) The Commissioner must then serve a copy of the order on the prisoner and, except in circumstances beyond the Commissioner’s control, arrange for the prisoner to be released from custody on the release date endorsed on the order.
(3) If any of the information that the Commissioner has endorsed on the order is different from the particulars specified in the order, the Commissioner must inform the Board of the differences by notice in writing.
(4) A prisoner is taken to be serving the sentence imposed on the prisoner while released under a conditional release order.
(5) The Commissioner may, as and when the occasion requires, amend the endorsement made under subsection (1) by substituting for the identifying particulars of the supervising officer specified in the endorsement identifying particulars of another person whom the Commissioner has designated to be the supervising officer of the prisoner.

20. Prisoner to comply with conditions of conditional release order
A prisoner who is released under a conditional release order must comply with the conditions of the order.

21. Board may recommend determinate sentence in respect of prisoner
(1) At any time while a conditional release order is in force in respect of a prisoner, the Board may, if satisfied that the conditions subject to which the prisoner was released have been complied with up to that time, make a recommendation to the Chief Executive that the prisoner’s indeterminate sentence should be converted to a determinate one.
(2) If—
(a) the Chief Executive has, on a recommendation under subsection (1), converted a prisoner’s indeterminate sentence to a determinate one; and
(b) the Board is satisfied that the prisoner has, during the period of the prisoner’s conditional release, complied with the conditions of the release,
the determinate sentence takes effect at the end of that period.
(Amended 15 of 1999 s. 3)

### Long-term Prison Sentences Review Ordinance 《長期監禁刑罰覆核條例》

22. Board may amend conditional release order
(1) On the application of a prisoner in respect of whom a conditional release order is in force or the prisoner’s supervising officer, the Board may, if satisfied that a material change has occurred in the prisoner’s circumstances since the making of the conditional release order or since it was last amended, make an order amending—
(a) the terms or conditions of the conditional release order (including the period for which the order is to remain in force); or
(b) the period of any suspension of that order.
(2) An amendment of a conditional release order may be made only if the substance of the amendment could have been included in the original order.
(3) An order amending a conditional release order takes effect when it is served on the prisoner concerned or at such later time as may be specified in the amending order.
(4) This section is subject to section 13 of Schedule 1.

23. Board or President may suspend operation of conditional release order
(1) If it appears to the Board or President that—
(a) a prisoner in respect of whom a conditional release order is in force has failed to comply with a condition of the order; or
(b) the prisoner or other persons may suffer serious harm if the prisoner is allowed to remain at liberty, 
the Board or the President may make an order suspending the operation of the order pending the holding of a hearing of the Board to determine whether or not the order should be revoked.
(2) The operation of a conditional release order relating to a prisoner is suspended if the prisoner is charged with an arrestable offence.
(3) If the operation of a conditional release order relating to a prisoner is suspended by subsection (2), the suspension remains in effect until the prisoner is either acquitted or convicted of the offence or the charge for the offence is withdrawn or a nolle prosequi is entered in respect of the charge. If the prisoner is convicted of the offence, the order is revoked, but if the prisoner is acquitted of the offence or the charge for the offence is withdrawn or a nolle prosequi is entered in respect of the charge, the suspension ceases to have effect.
(4) Whenever the operation of a conditional release order relating to a prisoner is suspended by or under this section, the President must inform the Commissioner by notice in writing. In that event, the Commissioner must immediately recall the prisoner to prison to be detained there for the period of the suspension.
(5) Whenever the suspension of the operation of a conditional release order relating to a prisoner ceases otherwise than because the order is revoked, the order continues to have effect as if its operation had not been suspended. In that event, the Commissioner must immediately release the prisoner from custody.