### Criminal Procedure Ordinance 《刑事訴訟程序條例》

67B. Minimum term to be specified in respect of person sentenced to life imprisonment
(1) When imposing a discretionary life sentence on a person for an offence, the judge must specify as part of the sentence a minimum term that the person must serve for the offence.
(2) If, when imposing an indeterminate sentence of imprisonment on a person for an offence, the judge is of the opinion that there are matters relating to the person or the offence which should be recorded for the purpose of reviewing the sentence in the future, the judge must make a report in writing to the Chief Executive specifying those matters. (Amended 39 of 1999 s. 3)
(Added 86 of 1997 s. 44)

### Criminal Procedure Ordinance 《刑事訴訟程序條例》

67C. Determinations in respect of certain existing prisoners
(1) As soon as practicable after the commencement* of this section and in any event within 6 months after such commencement, the Secretary for Justice must, in respect of each prescribed prisoner, apply to the court for a determination by a judge under this section.
(2) If, within 6 months after the commencement* of this section, the Secretary for Justice does not make any application in respect of any prescribed prisoner under subsection (1), the prescribed prisoner may also apply to the court for a determination by a judge under this section.
(3) Subject to subsection (4), the judge hearing an application under subsection (1) or (2) must determine the minimum term that the prescribed prisoner must serve for the relevant offence.
(4) Where the prescribed prisoner is serving the relevant sentence in respect of the conviction of murder committed when he was under 18 years of age, then, subject to the consent of the prescribed prisoner to the application of this subsection to him, the judge has the discretion as to whether—
(a) to make a determination under subsection (3); or
(b) to determine instead that the relevant sentence be quashed, and be substituted by a sentence of imprisonment for a fixed term of such duration as the judge considers appropriate.
(5) In making a determination under this section—
(a) subject to paragraph (b), the judge may take into account any material submitted to him by the Secretary for Justice or the prescribed prisoner that is, in his opinion, relevant to the determination; and
(b) the judge must not take into account the previous recommendation or the previous determination.
(6) Notwithstanding subsections (3) and (5), if the term determined under subsection (3) (whether or not also by application of subsection (4)(a)) as the minimum term that the prescribed prisoner must serve for the relevant offence is longer than the term specified as the minimum term to be served by the prescribed prisoner for the relevant offence under the previous recommendation, the term so determined is, for all purposes, to be treated as equal to the term so specified.
(7) If, when making a determination under subsection (3) (whether or not also by application of subsection (4)(a)), the judge is of the opinion that there are any special considerations or circumstances relating to the prescribed prisoner or the relevant offence which should be taken into account in any future review of the relevant sentence, the judge must make a report in writing to the Chief Executive specifying details of those special considerations or circumstances.
(Replaced 22 of 2004 s. 2)Editorial Note:
* Commencement date: 16 July 2004.

### Criminal Procedure Ordinance 《刑事訴訟程序條例》

67D. Further provisions relating to applications under section 67C and related procedural matters
(1) An application by the Secretary for Justice or a prescribed prisoner under section 67C(1) or (2) is to be—
(a) in writing; and
(b) signed—
(i) in the case of an application under section 67C(1), by the Secretary for Justice or any person holding one of the offices in the Department of Justice mentioned in Schedule 1 to the Legal Officers Ordinance (Cap. 87); or
(ii) in the case of an application under section 67C(2), by the prescribed prisoner.
(2) No charge is to be payable for any application under section 67C(1) or (2).
(3) As soon as practicable after the Secretary for Justice has made an application in respect of a prescribed prisoner under section 67C(1), the Secretary for Justice must serve a copy of the application on the prescribed prisoner.
(4) For the purposes of an application in respect of a prescribed prisoner under section 67C(1) or (2), the Registrar must, as soon as practicable after a request in writing has been made to him by the Secretary for Justice or the prescribed prisoner, as the case may be, as the person by whom the application is to be made, deliver to the Secretary for Justice or the prescribed prisoner, as the case may be—
(a) a copy of the record, if available, of the proceedings relating to the relevant sentence; and
(b) a copy of any report concerning the prescribed prisoner which was before the court which passed the relevant sentence.
(5) Where an application has been made in respect of a prescribed prisoner under section 67C(1) or (2), the Secretary for Justice or the prescribed prisoner may apply to a judge for—
(a) a copy of the record, if available, of the proceedings concerning the prescribed prisoner (whether relating to the relevant offence or the relevant sentence) or any part or parts of the record; and
(b) a copy of any document in the possession of the Registrar,
and if the judge is satisfied that it is necessary and practicable to do so, the judge must direct the Registrar to deliver the copy to both the Secretary for Justice and the prescribed prisoner.
(6) Without prejudice to section 123, all proceedings conducted before a judge for the purposes of an application under section 67C(1) or (2) (other than any proceedings conducted before a judge for the purposes of an application under subsection (5)) must be held in open court.
(Replaced 22 of 2004 s. 2)

### Criminal Procedure Ordinance 《刑事訴訟程序條例》

67E. Sections 67C and 67D no longer to apply if prescribed prisoners cease to serve relevant sentence
Where a prescribed prisoner ceases to serve the relevant sentence at any time after the commencement* of section 67C but before any determination is made in respect of the prescribed prisoner under that section—
(a) sections 67C and 67D then cease to apply to the prescribed prisoner; and
(b) without limiting the generality of paragraph (a), any proceedings relating to the prescribed prisoner under section 67C and any appeal or other proceedings arising from or preliminary or incidental to such proceedings are, to the extent that they have not been completed, then to be treated as having been discontinued.
(Replaced 22 of 2004 s. 2)Editorial Note:
* Commencement date: 16 July 2004.