### Transfer of Sentenced Persons Ordinance 《移交被判刑人士條例》

4. Restrictions on issue of warrant
(1) The Chief Executive shall not issue an inward warrant unless—
(a) the acts or omissions constituting the conduct in respect of which the sentence was imposed amount to conduct which, if the conduct had occurred in Hong Kong, would constitute a criminal offence under the law of Hong Kong;
(b) the sentenced person—
(i) holds a permanent identity card within the meaning of the Registration of Persons Ordinance (Cap. 177); or
(ii) in the opinion of the Chief Executive, otherwise has close ties with Hong Kong;
(c) the sentence imposed is for—
(i) life;
(ii) an indeterminate period; or (Amended 32 of 2000 s. 25)
(iii) a fixed period;
(d) no further criminal proceedings relating to the sentenced person in respect of the conduct which gave rise to the sentence imposed are pending in the place outside Hong Kong; and
(e) an appropriate authority of the place outside Hong Kong and the sentenced person (or a person acting on his behalf) have consented to the transfer.
(2) The Chief Executive shall not issue an outward warrant unless—
(a) the acts or omissions constituting the conduct in respect of which the sentence was imposed amount to conduct which, if the conduct had occurred in the place outside Hong Kong, would constitute a criminal offence under the law of that place;
(b) (i) in the case of a transfer to a place outside the People’s Republic of China, the sentenced person is a national of that place or, in the opinion of the Chief Executive, otherwise has close ties with that place; or
(ii) in the case of a transfer to Macau, the sentenced person is a permanent resident of Macau or, in the opinion of the Chief Executive, otherwise has close ties with Macau; (Replaced 13 of 2005 s. 4)
(c) the sentence imposed is for—
(i) life;
(ii) an indeterminate period; or (Amended 32 of 2000 s. 25)
(iii) a fixed period;
(d) no further criminal proceedings relating to the sentenced person in respect of the conduct which gave rise to the sentence imposed are pending in Hong Kong; and
(e) an appropriate authority of Hong Kong and the sentenced person (or a person acting on his behalf) have consented to the transfer.
(Amended 15 of 1999 s. 3)

### Transfer of Sentenced Persons Ordinance 《移交被判刑人士條例》

5. Transfers into and out of Hong Kong
(1) An inward warrant shall—
(a) be sufficient authority for—
(i) the bringing of the sentenced person into Hong Kong from the place outside Hong Kong;
(ii) the taking of the sentenced person to the institution in Hong Kong which is specified in the warrant; and
(iii) the detention of the sentenced person in accordance with the terms of the warrant; and
(b) not specify that the sentenced person is to be detained beyond the date, if any, which the place outside Hong Kong has advised is the termination date of the sentence imposed.
(2) An outward warrant shall be sufficient authority for—
(a) the taking of the sentenced person from an institution in Hong Kong and his delivery into the custody of an escorting officer representing the appropriate authority of the place outside Hong Kong; and
(b) the removal of the sentenced person by the escorting officer to the place outside Hong Kong.
(3) If any sentenced person—
(a) who is in custody by virtue of an inward or outward warrant escapes out of custody; or
(b) who has been removed from Hong Kong by virtue of an outward warrant returns to Hong Kong—
(i) before the completion of the sentence imposed on him in Hong Kong; and
(ii) without the consent in writing of the Chief Executive,
then—
(i) in either case, the sentenced person may be taken in Hong Kong in like manner as a person who has escaped from a prison in Hong Kong; and
(ii) in the case of paragraph (b), subject to subsection (4), the sentenced person, if so taken, shall serve in Hong Kong—
(A) the unexpired portion of that sentence remaining to be served commencing on the date on which he is so taken; and
(B) all or so much of the period—
(I) between the date on which, for whatever reason, he ceased to serve that sentence in the place outside Hong Kong concerned and the date referred to in subparagraph (A); and
(II) as the Chief Executive directs in writing that he shall so serve. 
(4) Subsection (3)(ii) shall not operate to—
(a) prevent the Chief Executive from issuing a further outward warrant in respect of the sentenced person referred to in that subsection; or
(b) prejudice the exercise by any person (whether or not the Chief Executive) of any power under any law to pardon the sentenced person or commute or otherwise shorten all or any part of the sentence referred to in that subsection.
(Amended 15 of 1999 s. 3)

### Transfer of Sentenced Persons Ordinance 《移交被判刑人士條例》

6. Revocation and variation of warrant
(1) Subject to subsection (2), the Chief Executive may, by direction in writing, revoke or vary an inward or outward warrant.
(2) Where the term of the sentence imposed on a sentenced person the subject of an inward or outward warrant has been commuted or reduced, the Chief Executive shall under subsection (1) revoke or vary that warrant to give effect to the commutation or reduction, as the case may be.
(Amended 15 of 1999 s. 3)

7. Transit
Where a place outside Hong Kong wishes to transport in custody through Hong Kong a sentenced person who is being taken to that place from another place outside Hong Kong for the purposes of serving in that first-mentioned place a sentence imposed on him in that second-mentioned place—
(a) that person may be transported in custody through Hong Kong for those purposes;
(b) a police officer (or any other person belonging to a class of persons authorized in writing by the Chief Executive for the purposes of this section) may, for the purposes of such transport, hold that person in custody for not more than—
(i) 48 hours; or
(ii) such further period as is permitted in writing by the Chief Executive.
(Amended 15 of 1999 s. 3)