### Prisoners (Release under Supervision) Ordinance 《囚犯(監管下釋放)條例》

1. Short title
This Ordinance may be cited as the Prisoners (Release under Supervision) Ordinance.

2. Interpretation
In this Ordinance, unless the context otherwise requires—
Board (委員會) means the Release under Supervision Board established under section 3;
Commissioner (署長) means the Commissioner of Correctional Services;
hostel (宿舍) means a building or portion of a building set aside as a hostel under section 24B of the Prisons Ordinance (Cap. 234);
prisoner (囚犯) includes a person who has been released from imprisonment under this Ordinance;
supervision order (監管令) means a supervision order made by order of the Chief Executive under section 7(1) or (2). (Amended 15 of 1999 s. 3)

3. Establishment of the Release under Supervision Board
There shall be a Release under Supervision Board which shall consist of not less than 5 members appointed by the Chief Executive, and the members so appointed shall include—
(a) a person who holds or has held judicial office, who shall be the chairman;
(b) a medical practitioner appearing to the Chief Executive to have experience in psychiatry; and
(c) persons appearing to the Chief Executive to have experience of, or an active interest in, the rehabilitation of offenders.
(Amended 15 of 1999 s. 3)

4. Functions of the Board
The Board shall consider—
(a) applications under section 6;
(b) the conditions to be specified by the Chief Executive, and the variation or cancellation of those conditions, under section 7(3);
(c) applications for review under sections 12(1) and 16(1);
(d) revocations that are proposed to be made under section 14(1); and
(e) revocations that have been made under section 14(3),
and shall make such recommendations to the Chief Executive as it thinks fit in respect of those matters and of any other matters that it considers under this Ordinance.
(Amended 15 of 1999 s. 3)

5. Limitation on the powers of the Board
The Board shall not consider an application by a prisoner under section 6 within 1 year after the date—
(a) of the refusal of an application made by him under that section;
(b) of the revocation under section 14(1) or (3) of a supervision order made in respect of him; or
(c) on which under section 14(2) a supervision order made in respect of him ceases to have effect.

### Prisoners (Release under Supervision) Ordinance 《囚犯(監管下釋放)條例》

6. Application for release under a supervision order
Not earlier than 6 months before a prisoner is eligible for release under section 7(1) or (2), he may apply in writing to the Chief Executive through the Board for an order for his release under that section subject to supervision.
(Amended 15 of 1999 s. 3)

### Prisoners (Release under Supervision) Ordinance 《囚犯(監管下釋放)條例》

8. Release by the Commissioner and service of supervision order
(1) Where the Chief Executive makes an order under section 7(1) or (2) for the release of a prisoner under supervision, the Commissioner shall cause a supervision order to be drawn up in accordance with regulations made under section 20, containing such conditions as are specified by the Chief Executive under section 7(3), and to be served upon the prisoner, and the prisoner shall be released.
(2) Where the Chief Executive varies or cancels the conditions of a supervision order under section 7(3), the Commissioner shall cause written notice of the variation or cancellation to be served personally upon the prisoner.
(Amended 15 of 1999 s. 3)

9. Duration of supervision order
(1) A supervision order shall, unless previously revoked or ceasing to have effect under section 14, remain in effect until the date on which the prisoner in respect of whom it was made would have been released from imprisonment if he had served his sentence of imprisonment—
(a) in the case of a supervision order made under section 7(1), without remission under the Prison Rules (Cap. 234 sub. leg. A);
(b) in the case of a supervision order made under section 7(2), with any remission for which he is eligible under the Prison Rules (Cap. 234 sub. leg. A). (Amended E.R. 1 of 2023)
(2) The date until which a supervision order is to remain in effect in accordance with subsection (1) shall be specified in the order.

10. Requirements of release under supervision
A prisoner who is released from imprisonment subject to a supervision order shall—
(a) be subject to supervision by such person as shall be specified by the Commissioner in the order; and
(b) comply with the requirements and conditions of the order.

11. Absence from the hostel
(1) Where a prisoner is residing in a hostel by reason of a supervision order made under section 7(2), the Commissioner may issue a permit in writing permitting him to be absent from that hostel for a period not exceeding 5 days subject to such conditions as the Commissioner thinks fit.
(2) Any prisoner to whom a permit has been issued under this section and who, without lawful excuse, does not return to the hostel specified in that permit at or before the expiration of the period of absence specified in the permit, or who fails to comply with any condition imposed under subsection (1), commits an offence and is liable to a fine at level 2 and to imprisonment for 12 months. (Amended E.R. 1 of 2023)
(3) Any person may arrest without warrant any prisoner whom he reasonably suspects to be guilty of an offence under subsection (2).

### Prisoners (Release under Supervision) Ordinance 《囚犯(監管下釋放)條例》

12. Review
(1) Where the Chief Executive refuses to make a supervision order in respect of a prisoner, the Commissioner shall deliver to the prisoner notice in writing of that fact and the prisoner may, within 14 days of receipt of the notice, apply in writing to the Chief Executive through the Board for a review of the Chief Executive’s decision.
(2) On review, the Chief Executive may, after considering the recommendations of the Board, make a supervision order or make no order.
(3) A prisoner may apply for only one review of a decision.
(Amended 15 of 1999 s. 3)

13. Offence of failing to comply with a supervision order
A person who, without lawful authority or reasonable excuse, fails to comply with the conditions of a supervision order commits an offence and is liable to a fine at level 2 and to imprisonment for 12 months.
(Amended E.R. 1 of 2023)

14. Revocation of supervision order
(1) The Chief Executive may, after considering the recommendations of the Board, revoke a supervision order and if he does so shall inform the Commissioner of that fact. (Amended 15 of 1999 s. 3)
(2) Where a person who is subject to a supervision order—
(a) is convicted of an offence and sentenced to imprisonment (other than a sentence that is suspended); or
(b) is also the subject of a suspended sentence that is ordered to take effect under section 109C(1)(a) or (b) of the Criminal Procedure Ordinance (Cap. 221),
the supervision order shall cease to have effect.
(3) Where it appears to him that the public interest requires that a person in respect of whom a supervision order is in effect be reimprisoned immediately, the Commissioner may revoke that order.
(4) Where under this section a supervision order is revoked or ceases to have effect, the Commissioner shall cause an order for the reimprisonment of the person in respect of whom the supervision order was made to be drawn up in accordance with regulations made under section 20, and that person shall be arrested and surrendered into the custody of the Commissioner, and the Commissioner shall reimprison him for the remainder of his sentence.
(5) An arrest under subsection (4) may be effected without a warrant, by any person.