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

24. Board may revoke conditional release order in certain circumstances
(1) The Board may make an order revoking a conditional release order relating to a prisoner on being satisfied (on a balance of probabilities) that the prisoner has failed to comply with a condition of the order. This subsection is subject to section 13 of Schedule 1.
(2) An order revoking a conditional release order takes effect when it is served on the prisoner concerned.
(3) A conditional release order relating to a prisoner is revoked if the prisoner is convicted of an offence and—
(a) is sentenced to a term of imprisonment (other than a sentence that is suspended) longer than the unexpired part of the conditional release order; or
(b) is ordered to be detained in an addiction treatment centre; or
(c) is subject to a probation order made under section 3 of the Probation of Offenders Ordinance (Cap. 298).
(4) Whenever a conditional release order relating to a prisoner is revoked 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 continue serving the sentence to which the order related.

25. Recall of prisoner to serve remainder of sentence on expiry of conditional release order
(1) If a conditional release order relating to a prisoner is to expire without being renewed, the Board must, within 1 month before the order is due to expire, inform the Commissioner by notice in writing of the impending expiry.
(2) If the order is not renewed, the Commissioner must, on expiry, recall the prisoner to prison to continue serving the relevant sentence.
(3) This section does not apply in the case of a prisoner who is subject to a conditional release order if the prisoner’s indeterminate sentence has been converted by the Chief Executive to a determinate one and the end of the determinate sentence coincides with or is earlier than the end of the period of the order. (Amended 22 of 2004 s. 10)

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

26. Prisoner may be arrested if conditional release order expires or is revoked or suspended
(1) Any police officer or correctional services officer may, without warrant, arrest and detain a prisoner released under a conditional release order if the order expires or is revoked, or the operation of the order is suspended.
(2) If a prisoner who is liable to be arrested under this section forcibly resists the attempt of a police officer or correctional services officer to arrest the prisoner, the officer (and any person assisting the officer) may use all reasonable means necessary to make the arrest.
(3) If a police officer or correctional services officer reasonably believes that a prisoner to be arrested under this section is on particular premises, the person residing at or in charge of the premises must, if the officer so requests, allow the officer to enter the premises to search for the prisoner.
(4) If entry to premises cannot be obtained as a result of a request under subsection (3) or if no person appears to be on the premises, a police officer or correctional services officer may enter the premises and search them. For that purpose, the officer may break open any outer or inner door or window of the premises.
(5) The power conferred by subsection (4) may be exercised without a warrant only if a warrant cannot be obtained without giving the prisoner an opportunity to evade arrest.
(6) If a person residing at or in charge of premises that a police officer or correctional services officer seeks to enter under subsection (4) requests the officer to produce evidence of the officer’s authority or to specify the purpose of the entry, the officer may exercise the powers conferred by that subsection only after complying with the request.

27. Period of release under conditional release order to be treated as part of sentence
Any period during which a prisoner is released under a conditional release order is taken to be a part of the sentence being served by the prisoner (including for the purposes of any remission of sentence under the Prison Rules (Cap. 234 sub. leg. A)). However, any period during which a prisoner remains at large after a conditional release order relating to the prisoner has been revoked, or while the operation of such an order is suspended, is not part of the prisoner’s sentence.

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

28. Review of sentence after recall
(1) If a prisoner is recalled to prison under this Part to serve the remainder of a sentence, the Commissioner must refer the sentence to the Board for review as soon as practicable after each subsequent second anniversary of the date of recall. Section 11 does not apply to a prisoner to whom this section applies. (Amended 6 of 2024 s. 177)
(2) However, if a prisoner serves a sentence in respect of the prisoner’s conviction of an offence endangering national security, the Commissioner must not refer the sentence to the Board for review under subsection (1) unless the Commissioner is satisfied that an early release of the prisoner will not be contrary to the interests of national security. (Added 6 of 2024 s. 177)
(3) To avoid doubt, subsection (2) applies whether the sentence was imposed before, on or after the commencement* of that subsection. (Added 6 of 2024 s. 177)
(4) If the Commissioner decides under subsection (2) not to refer the sentence to the Board for review, the Commissioner must, after making the decision, review the decision every 2 years. (Added 6 of 2024 s. 177)
Editorial Note:* Commencement date: 23 March 2024.

29. Circumstances in which supervision order may be made
(1) A supervision order may be made in relation to a prisoner only after the prisoner has served not less than two-thirds of the total of—
(a) the actual term of the determinate sentence fixed in respect of the prisoner; and
(b) any period spent in custody taken into account under section 67A of the Criminal Procedure Ordinance (Cap. 221); and
(c) the whole of any period of forfeiture of remission ordered against the prisoner under the Prisons Ordinance (Cap. 234).
(2) In this section, actual term (實際刑期) means the term of a sentence of imprisonment as reduced, if reduced at all, by section 67A of the Criminal Procedure Ordinance (Cap. 221).

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

30. Particulars to be included in supervision order
(1) When making a supervision order, the Board must specify—
(a) the part of the total period referred to in section 29 applicable to the prisoner; and
(b) the conditions as to supervision that the Board considers should be imposed on the prisoner, having regard to the principles specified in section 8; and
(c) the period for which the order is to 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) If a supervision order is to be made in respect of a prisoner who was sentenced before the commencement* of this section, the period for which the order is to remain in force must not exceed the greater of the following—
(a) a period equal to half the period beginning with the date of that commencement and ending with the date of the prisoner’s release as determined by reference to section 29, after taking into account the part of the total period referred to in that section that the Board proposes to specify in respect of the prisoner;
(b) 6 months.
(3) The Board must, as soon as practicable after deciding to make a supervision order, arrange for the order to be served on the Commissioner.
(4) If the Board decides not to make a supervision order, it must, as soon as practicable after so deciding, inform the Commissioner in writing of its decision.
(5) A supervision order is subject to the prisoner’s industry and good conduct before release. The Board may review a supervision order at any time before the prisoner is released under the order.
Editorial Note:* Commencement date: 30 June 1997.