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

5. Establishment of Board
(1) There is established by this Ordinance a board called the “Long-term Prison Sentences Review Board”. (Amended E.R. 3 of 2021)
(2) The Board has the functions conferred, and the duties imposed, on it by or under this or any other Ordinance.
(3) The Board is not a servant or agent of the Government and no status, immunity or privilege of the Government attaches to the Board.

6. Composition of Board
(1) The Board is to consist of not more than 11, and not fewer than 8, members appointed by the Chief Executive.
(2) Subject to subsection (3), of the members—
(a) 2 must be judges or former judges of the Court of First Instance; and (Amended 25 of 1998 s. 2)
(b) one must be a registered medical practitioner who is or was formerly a specialist in psychiatry; and
(c) one must be a person who is or was formerly a practising psychologist; and
(d) one must be a person who, in the opinion of the Chief Executive, has expertise and experience in performing social work; and
(e) one must be a barrister or solicitor; and
(f) one must be a person who, in the opinion of the Chief Executive, has expertise and experience in the field of education; and
(g) one must be a person engaged in industry or commerce.
(3) The Chief Executive—
(a) must be of the opinion that not less than 1 of the members referred to in subsection (2) has expertise and experience in the rehabilitation of offenders; and
(b) where he is of that opinion in respect of any such member, must state that he is of that opinion in the appointment of the member.
(4) The 2 judicial members are to be respectively appointed, by the documents by which they are appointed as members or by some other document signed by or under the authority of the Chief Executive, as President and Deputy President of the Board.
(5) Schedule 1 has effect with respect to the Board.
(Amended 15 of 1999 s. 3)

7. Principal function of Board
The principal function of the Board is to conduct reviews of the following kinds of sentences—
(a) indeterminate and long-term sentences of prisoners sentenced in Hong Kong;
(b) the detention of prisoners at Executive discretion;
(c) the sentences of juvenile prisoners;
(d) indeterminate and long-term sentences of transferred prisoners.

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

8. Principles on which Board is required to exercise or perform its functions and duties
The Board must have primary regard to the following principles when exercising its functions or performing its duties in relation to a prisoner—
(a) in any case where the prisoner has not been completely rehabilitated, the rehabilitative effect of releasing the prisoner from detention before the unremitted part of the prisoner’s sentence is served;
(b) the benefits to the prisoner and to the community arising from the prisoner being supervised after release with a view to securing, or increasing the likelihood of securing, the prisoner’s rehabilitation (in any case where the prisoner has not been completely rehabilitated) and successful reintegration into the community;
(c) whether the part of the prisoner’s sentence already served is sufficient, in all the circumstances (in particular given the nature of the offence for which the prisoner is being detained), to warrant consideration being given to having the prisoner released from detention early;
(d) the need to protect members of the community from reasonably foreseeable harm that could be inflicted by the prisoner as a result of having been released from detention early.

9. Board may delegate functions and duties

The Board may delegate to the President any of its functions and duties, except this power of delegation and the Board’s functions and duties relating to reviewing prisoners’ sentences, amending or revoking conditional release orders and amending or suspending the operation of supervision orders.

10. Staff of Board
The Secretary for Security must make available from among the officers employed in the service of the Government a Secretary to the Board and such other staff as may be necessary to enable the Board to exercise its functions and perform its duties.

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

12. Duty of Board to review prisoners’ sentences
(1) The Board must review the sentences of prisoners referred to it under section 11 or 28 or by the Chief Executive. However, the Board must not review the sentence of a prisoner in respect of whom an order under section 7 of the Prisoners (Release under Supervision) Ordinance (Cap. 325) is in force. (Amended 15 of 1999 s. 3)
(2) On reviewing the sentence of a prisoner, the Board is not authorized to order the early release of a prisoner before any minimum term applicable to the prisoner has been served.
(3) When reviewing the sentence of a prisoner, the Board must take into account any report or other document provided in relation to the prisoner in accordance with section 11 or 14 and may take into account any other document concerning the prisoner that it considers relevant to the review.
(4) Whenever the Board proposes to review the sentence of a prisoner, the Board must notify the prisoner in writing of the date of the review.
(5) When a prisoner’s sentence is reviewed by the Board, the prisoner is entitled to make written representations to the Board with respect to matters relevant to the review and may, if a regulation under this Ordinance so provides or with the consent of the Board, appear before the Board, either personally or through a representative of the prisoner’s choice, to be heard and to make oral representations and adduce evidence to the Board with respect to those matters.
(6) When reviewing a sentence, the Board is not bound by the rules or practice as to evidence and may inform itself on any matter as it thinks appropriate.

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

14. Board may request reports
(1) To facilitate review of the sentence of a prisoner, the Board is entitled to request—
(a) the Commissioner of Correctional Services to provide a report specifying the conduct of the prisoner while serving the sentence and any relevant medical, psychological or psychiatric report relating to the prisoner; and
(b) the Commissioner of Police to provide a copy of the prisoner’s criminal record and, if available, particulars of any assistance that the prisoner has given to police officers in connection with their investigations concerning alleged offences; and
(c) the Registrar of the High Court to provide— (Amended 25 of 1998 s. 2)
(i) in relation to the offence in respect of which the prisoner is serving the sentence, a copy of the summing up by the judge to the jury, or, in the event of a plea of guilty, a copy of the agreed statement of facts which is read into the court record, of any plea in mitigation, of any comments made by the judge at the sentencing as to the minimum term to be served, and of any other matters recorded by the judge for the purposes of any such review; and
(ii) where the sentence is an indeterminate sentence, a copy of the report under section 67B or 67C of the Criminal Procedure Ordinance (Cap. 221) which relates to the prisoner or sentence; and (Amended 22 of 2004 s. 8)
(d) the Director of Social Welfare to provide a report setting out—
(i) the prisoner’s family circumstances; and
(ii) whether or not the prisoner is likely to be employed on release; and
(iii) whether or not the prisoner is likely to be rehabilitated on release; and
(iv) whether or not there are any grounds for treating the prisoner compassionately.
(2) A request under this section is to be made in writing.
(3) It is the duty of a person who is requested to provide a report or other document under this section to comply with the request within the period specified in the request as far as it is practicable to do so.