TNAG-0216-FCO40-252-Detainees-and-prisoners-convicted-for-offences-during-the-di-1970 — Page 77

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

Constitution of Board

in Beilen

Where paper 30%

PRISONS BOARDOF REVISKÁ HONG KONG:

Confrontation Prisgners

be

рит Put away

The Board of Review consists of four officials and two

unofficials. The Attorney General is the chairman.

Functions

2.

A

1/5-

The Governor's power to resit sentences stems from Article XV of the Letters Patent (copy attached).

3. Under Prison Rule 69 it is provided that normal remission of

all sentences shall be one-third of sentence. Priam Rule 69A

provides suparately for the review of sentences of 1-

(1)

(11)

(111)

Prisoners serving a term of imprisonment exceeding six years (including life imprisonment) - review to be under- taken after four years and every two years thereafter.

Prisoners detained during Her Kajesty'a pleasure review to be undertaken after two years and øvery two years

thereafter.

Priwoners under 21 at date of offence - review to be under-

taken after one year and every year thereafter.

There is a provision saving the Governor's discretion to

bring up a case for review at any time.

4. The Board's function is to review the cases brought before it under the operation of Rule 69A and to advise the Governor whether any remisal on (other than normal remirmon) is justified,

Criteria

5. We have no information as to whether criteria are laid down for

the guidance of the Board in their consideration of these cases. Rule 69A requires the production of mports :-

(1) by the Prison Medical officer on the mental and physical

condition of the prisoner and whether or not imprisonment has had or is likely to have an injurious affect on his

health;

(11)

by the Superintendent of Frisons, on the conduct and industry of the prisoner and on any matter which might, in his opinion, be relevant to the review,

/ In

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