### Probation of Offenders Rules 《罪犯感化規則》

1. Citation
These rules may be cited as the Probation of Offenders Rules.

2. Interpretation
In these rules, unless the context otherwise requires—
Director (署長) means the Director of Social Welfare; (L.N. 42 of 1973)
medical officer (醫生) means a medical officer appointed under rule 38;
Ordinance (條例) means the Probation of Offenders Ordinance (Cap. 298);
supervising court (監管法院), in relation to a probationer or a probation order, means the magistrates court having jurisdiction in the district or area in which the probationer is, for the time being, resident.

15. Duties of Principal Probation Officer
The duties to be performed by the Principal Probation Officer shall include—
(a) the organization and control of the probation service;
(b) the supervision and training of probation officers and distribution of work between probation officers.
(L.N. 42 of 1973; L.N. 146 of 1977)

16. Preliminary inquiries
A probation officer shall make such preliminary inquiries, including inquiries into the home surroundings, as a court may direct in respect of any offender in whose case the question of the making of a probation order may arise.

17. Explaining requirements of probation orders
A probation officer shall, when required by a probation order, undertake the supervision of a probationer and shall ascertain that the probationer understands the requirements and conditions of the probation order and shall by warning and persuasion endeavour to ensure compliance with requirements of the probation order. If the probationer fails to obey any of the conditions, the probation officer shall report as hereinafter directed.

18. Maintaining touch with probationers
(1) The probation officer shall, subject to any provisions of the probation order, keep in close touch with the probationer, meet him frequently, and unless there is good reason for not doing so shall visit his home from time to time and require the probationer to report to him at stated intervals.
(2) The intervals at which, in accordance with this rule, the probation officer meets the probationer, visits his home and requires the probationer to report, shall be determined amongst other circumstances by the probationer’s behaviour and progress and regard shall be had to the importance of frequent meetings during the early stages of the probation period.

19. Advising, assisting and befriending probationers
A probation officer shall advise, assist and befriend the probationer, and when necessary endeavour to find him employment. For these purposes he shall secure as far as possible the co-operation and assistance of social and religious workers.

### Probation of Offenders Rules 《罪犯感化規則》

20. Probation officers to submit reports
(1) When any person has been placed on probation, the probation officer under whose supervision the probationer is for the time being, shall, if so requested by the supervising court, from time to time report to such court upon the probationer’s mode of life and generally upon his progress.
(2) A probation officer shall from time to time report to the Principal Probation Officer upon the conduct and mode of life and generally upon the progress of every probationer who has been placed under his supervision. (L.N. 42 of 1973; L.N. 146 of 1977)
(3) Where a probationer fails to comply with any of the requirements of a probation order, the probation officer shall report the fact to the supervising court and to the Principal Probation Officer. (L.N. 146 of 1977)

21. Reports—how made
Reports made under rule 20 shall be made at such intervals and in such manner as may be directed by the supervising court or by the Principal Probation Officer, as the case may be, and they shall not be made in open court or published.
(L.N. 42 of 1973; L.N. 146 of 1977)

22. Reports from institutions and other officers
(1) A report made in pursuance of section 4(4) of the Ordinance, shall include—
(a) a report by the superintendent of the approved institution in which the probationer has been required to reside, and
(b) a report by the appropriate probation officer as to the suitability of such probationer’s home or other place where, if the requirement of residence in such institution is cancelled, he proposes to reside.
(2) It shall be the duty of the probation officer appointed or assigned to any area to furnish to another probation officer, on request, such a report as is mentioned in paragraph (1)(b).

23. Records
Every probation officer shall keep in the form and manner prescribed by these rules a proper record concerning each probationer placed under his supervision and shall ensure that access to such record is not available to unauthorized persons.

24. Forms
Every probation officer shall enter the particulars forming the record of each case under his supervision on the appropriate form specified by the Director.
(L.N. 60 of 1987)

24A. Administration of approved institutions
The Director shall be responsible for the administration of approved institutions.
(L.N. 42 of 1973)

### Probation of Offenders Rules 《罪犯感化規則》

25. Duties of superintendents of approved institutions
(1) The superintendent of an approved institution shall be responsible to the Director for the efficient conduct thereof.
(2) The superintendent shall keep—
(a) a register of all probationers admitted to and discharged from the institution;
(b) a log book in which shall be entered every event of importance connected with the institution;
(c) a daily register of the presence or absence of each probationer in or from the institution;
(d) a separate case record in respect of each probationer resident in the institution in a form specified by the Director. (L.N. 60 of 1987)
(L.N. 42 of 1973)

26. Leave of absence
(1) The superintendent of an approved institution, or any member of his staff duly authorized by him, may at any time grant to a probationer, who is required to reside in the approved institution, leave of absence from the approved institution—
(a) for any period not exceeding 12 hours where such absence is in accordance with the purpose of the probation order and the conditions thereof; and
(b) with the prior permission of the probation officer who has been entrusted with the supervision of the probationer, for any period for the purpose of employment or training, including any course of instruction or participation in any other activities outside the boundaries of the institution, whether or not such activities are conducted by a member of the staff of the institution.
(2) A probationer who is granted leave of absence shall proceed directly from the institution to such place as he may be directed by the superintendent or by a duly authorized member of his staff, and, if so directed, shall reside at such place.
(3) A probationer, who, without reasonable cause, fails to return to the institution before the expiry of his period of leave of absence or who leaves a place of employment or training or the place to which he has been directed by the superintendent or by a member of his staff, shall be deemed to be absent without leave and to have failed to comply with the conditions of residence.
(L.N. 35 of 1963)

27. Notification of absence of a probationer
Where a probationer is absent without leave from an approved institution, the superintendent thereof shall forthwith notify the Director and the probation officer entrusted with the supervision of the probationer.
(L.N. 35 of 1963; L.N. 42 of 1973)

28. Progress reports by superintendents
The superintendent of an approved institution shall, on the request of a probation committee, make a written report on the progress of any probationer residing therein.