### Post-Release Supervision of Prisoners Ordinance 《監管釋囚條例》

1. Short title
(1) This Ordinance may be cited as the Post-Release Supervision of Prisoners Ordinance.
(2) (Omitted as spent—E.R. 2 of 2014)

2. Interpretation
In this Ordinance—
Board (委員會) means the Post-Release Supervision Board established under section 4;
Chairman (主席) and Deputy Chairman (副主席) mean the persons appointed as Chairman and Deputy Chairman respectively of the Board under section 4(1)(a);
Commissioner (署長) means the Commissioner of Correctional Services;
detention facility (拘留地方) means—
(a) any prison;
(b) any place or building appointed to be a detention centre under section 3 of the Detention Centres Ordinance (Cap. 239);
(c) any place or building appointed to be an addiction treatment centre under section 3 of the Drug Addiction Treatment Centres Ordinance (Cap. 244); (Amended 11 of 2001 s. 18)
(d) any place or building declared for use for the purposes of a training centre under section 3(2) of the Training Centres Ordinance (Cap. 280); or (Amended 11 of 2001 s. 18)
(e) any place or building appointed to be a rehabilitation centre under section 3 of the Rehabilitation Centres Ordinance (Cap. 567); (Added 11 of 2001 s. 18)

prisoner (囚犯) includes a person who has been released from imprisonment subject to supervision under this Ordinance;
specified sentence (指明刑罰) means a sentence specified for the purpose of section 3(1)(b); (Amended 17 of 2018 s. 122)
supervising officer (監管人員) means a person designated by the Commissioner for the purposes of section 8;
supervision order (監管令) means an order made by the Board under section 6.

### Post-Release Supervision of Prisoners Ordinance 《監管釋囚條例》

3. Application
(1) This Ordinance applies to every prisoner who— (Amended 86 of 1997 s. 44)
(a) was aged 21 years or over at the time of being sentenced to imprisonment, or who has since attained the age of 25 years;
(b) is serving a sentence of a kind specified in regulations made under section 23;
(c) is not subject to a deportation order under section 20 of the Immigration Ordinance (Cap. 115) or to a removal order under section 19(1) of that Ordinance;
(d) is not subject to supervision by virtue of an order under section 7(1) of the Prisoners (Release under Supervision) Ordinance (Cap. 325); and
(e) is not liable to supervision following his release from imprisonment by virtue of section 5A of the Training Centres Ordinance (Cap. 280).
(2) However, this Ordinance does not apply to a prisoner who was sentenced or detained under an indeterminate sentence within the meaning of the Long-term Prison Sentences Review Ordinance (Cap. 524) and whose sentence is subsequently converted by the Chief Executive to a determinate sentence. (Added 86 of 1997 s. 44. Amended 22 of 2004 s. 5)
(3) In subsection (2), determinate sentence (確定限期刑罰) has the same meaning as in the Long-term Prison Sentences Review Ordinance (Cap. 524). (Added 86 of 1997 s. 44)

### Post-Release Supervision of Prisoners Ordinance 《監管釋囚條例》

4. Establishment of Board
(1) There shall be a Post-Release Supervision Board consisting of not less than 8 members appointed by the Chief Executive, which members shall include—
(a) 2 persons who hold or have held office as a judge of the High Court by appointment under section 6 of the High Court Ordinance (Cap. 4) or as a District Judge by appointment under section 4 of the District Court Ordinance (Cap. 336), of whom one shall be the chairman and the other the deputy chairman; (Amended 25 of 1998 s. 2)
(b) a representative of the Commissioner of Correctional Services;
(c) a representative of the Commissioner of Police;
(d) a medical practitioner appearing to the Chief Executive to have experience in psychiatry;
(e) a person appearing to the Chief Executive to have expertise and experience in psychology;
(f) a barrister or solicitor holding a current practising certificate and being a person appearing to the Chief Executive to be experienced in the practice of the criminal law; and
(g) a person appearing to the Chief Executive to have experience of, or an active interest in, the rehabilitation of offenders.
(2) The Chief Executive may appoint in addition such other persons as he sees fit to be members of the Board.
(Amended 15 of 1999 s. 3)

5. Functions of Board
(1) The functions of the Board shall be—
(a) to consider whether any prisoner to whom this Ordinance applies should be granted early release under supervision, and if so, to order his release in accordance with this Ordinance; and
(b) to consider applications for the variation, suspension or discharge of supervision orders in accordance with this Ordinance.
(2) In the discharge of its functions under this Ordinance the Board shall have regard to—
(a) the desirability of securing prisoners’ rehabilitation and their re-integration into society; and
(b) the need to protect the public from serious harm from offenders.

### Post-Release Supervision of Prisoners Ordinance 《監管釋囚條例》

6. Board may order early release of prisoner under supervision
(1) Where it appears to the Board that a prisoner to whom this Ordinance applies should be granted early release on the ground of his industry and good conduct, the Board may, if it considers that the prisoner should be subject to a period of supervision following such release, order the prisoner’s early release subject to supervision under this Ordinance.
(2) An order under this section may provide for the release under supervision of a prisoner at any time after he has served not less than two thirds of the total of the actual term of his sentence and any period spent in custody taken into account under section 67A of the Criminal Procedure Ordinance (Cap. 221), plus the whole of any period of forfeiture of remission ordered against him under rule 63(1)(c) of the Prison Rules (Cap. 234 sub. leg. A).
(3) The Commissioner shall refer to the Board for its consideration under this section the case of any prisoner to whom this Ordinance applies, together with a report and his recommendation concerning the prisoner.
(3A) 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 to the Board for its consideration under subsection (3) the case of the prisoner 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. 163)
(3B) To avoid doubt, subsection (3A) applies whether the sentence of the prisoner mentioned in that subsection was imposed before, on or after the commencement* of that subsection. (Added 6 of 2024 s. 163)
(3C) If the Commissioner decides under subsection (3A) not to refer to the Board for its consideration the case of the prisoner, the Commissioner must, after making the decision, review the decision annually. (Added 6 of 2024 s. 163)
(4) For the purposes of this section, consecutive terms of imprisonment of specified sentences shall be treated as one term.
(5) This section shall not apply to a prisoner serving a sentence of imprisonment for life.
(6) 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).
(Amended E.R. 2 of 2014) Editorial Note:* Commencement date: 23 March 2024.