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Absence from the hostel.
Review.
Offence of failing to
comply with a
supervision
order.
Revocation of supervision order.
(Cap. 221.)
Ord. No. 59/87
PRISONERS (RELEASE UNDER SUPERVISION)
11. (1) Where a prisoner is residing in a hostel by reason supervision order made under section 7(2), the Commissioner may i a permit in writing permitting him to be absent from that hostel for a period not exceeding 5 days subject to such conditions as the Commis- sioner thinks fit.
(2) Any prisoner to whom a permit has been issued under this section and who, without lawful excuse, does not return to the hostel specified in that permit at or before the expiration of the period of absence specified in the permit, or who fails to comply with any condition imposed under subsection (1), commits an offence and is liable to a fine of $5,000 and to imprisonment for 12 months.
(3) Any person may arrest without warrant any prisoner whom he reasonably suspects to be guilty of an offence under subsection (2).
12. (1) Where the Governor refuses to make a supervision order in respect of a prisoner, the Commissioner shall deliver to the prisoner notice in writing of that fact and the prisoner may, within 14 days of receipt of the notice, apply in writing to the Governor through the Board for a review of the Governor's decision.
(2) On review, the Governor may, after considering the recommenda- tions of the Board, make a supervision order or make no order.
(3) A prisoner may apply for only one review of a decision.
13. A person who, without lawful authority or reasonable excuse, fails to comply with the conditions of a supervision order commits an offence and
is liable to a fine of $5,000 and to imprisonment for 12 months.
PART III
REVOCATION OF SUPERVISION ORDER
14. (1) The Governor may, after considering the recommendations of the Board, revoke a supervision order and if he does so shall inform the Commissioner of that fact.
(2) Where a person who is subject to a supervision order—
(a) is convicted of an offence and sentenced to imprisonment (other
than a sentence that is suspended); or
(b) is also the subject of a suspended sentence that is ordered to take effect under section 109C(1)(a) or (b) of the Criminal Procedure Ordinance,
the supervision order shall cease to have effect.
(3) Where it appears to him that the public interest requires that a person in respect of whom a supervision order is in effect be reimprisoned immediately, the Commissioner may revoke that order.
(4) Where under this section a supervision order is revoked or ceases to have effect, the Commissioner shall cause an order for the reimprison- ment of the person in respect of whom the supervision order was made to be drawn up in accordance with regulations made under section 20, and that person shall be arrested and surrendered into the custody of the Commissioner, and the Commissioner shall reimprison him for the re- mainder of his sentence.
PRISONERS (RELEASE UNDER SUPERVISION)
Ord. No. 59/87
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(5) An arrest under subsection (4) may be effected without a warrant, bany person.
15. (1) As soon as practicable after a person is reimprisoned under Action to be section 14(4), the Commissioner shall inform him of—
taken by Commissioner
on
(a) the reasons for his reimprisonment; and
(b) his right to apply for a review of his case under section 16(1). (2) Where a person is reimprisoned under section 14(4)---
(a) the Commissioner shall report that fact to the Board as soon as
practicable; and
(b) the Board may, if it thinks fit, make recommendations to the Governor in relation to that person, whether or not he has applied for a review under section 16(1).
reimprisonment.
16. (1) A person who is reimprisoned under section 14(4) may, within Review 14 days of his reimprisonment, apply in writing to the Governor through the following Board for a review of his case, unless he is reimprisoned by reason of his reimprisonment. supervision order ceasing to have effect under section 14(2).
(2) The Governor may, after considering the recommendations of
the Board, order under section 7(1) or (2) the release of a person who has been reimprisoned under section 14(4), or may make no order.
17. In computing the remaining period of a sentence to be served by a Computation person who has been reimprisoned under section 14(4) -
(a) no remission shall be granted under the Prison Rules in respect of that part of the sentence served before his release under the supervision order; but
(b) the period to be served-
(i) shall be reduced by the period for which the supervision order was in effect; and
(ii) may be further reduced by remission in accordance with the Prison Rules in respect of that part of the sentence which is served after the date of reimprisonment.
PART IV
MISCELLANEOUS
of period of imprisonment. (Cap. 234, sub. leg.)
18. Subject to section 15(1), the Governor, the Board and the Com- Decisions final. missioner shall be under no obligation to give any reasons for their decisions under this Ordinance, and those decisions shall be final and not be subject to appeal to or review by any court.
19. (1) The Governor shall not be bound by any recommendation of Governor's the Board.
powers.
(2) The Governor may delegate the exercise of any of his powers under this Ordinance to the Secretary for Security.