A442
Ord. No. 59/87
Establishment
of the Release under
Supervision
Board.
PRISONERS (RELEASE UNDER SUPERVISION)
3. There shall be a Release under Supervision Board which shal consist of not less than 5 members appointed by the Governor, and the members so appointed shall include—
(a) a person who holds or has held judicial office, who shall be the
chairman;
(b) a medical practitioner appearing to the Governor to have ex-
perience in psychiatry; and
(c) persons appearing to the Governor to have experience of, or an
active interest in, the rehabilitation of offenders.
Functions of
4.
the Board.
Limitation on
the powers of the Board.
Application for
release under a supervision order.
Release under supervision.
The Board shall consider-
(a) applications under section 6;
(b) the conditions to be specified by the Governor, and the variation
or cancellation of those conditions, under section 7(3);
(c) applications for review under sections 12(1) and 16(1);
(d) revocations that are proposed to be made under section 14(1); and (e) revocations that have been made under section 14(3),
and shall make such recommendations to the Governor as it thinks fit in respect of those matters and of any other matters that it considers under this Ordinance.
5. The Board shall not consider an application by a prisoner under section 6 within 1 year after the date-
(a) of the refusal of an application made by him under that section;
(b) of the revocation under section 14(1) or (3) of a supervision order
made in respect of him; or
(c) on which under section 14(2) a supervision order made in respect
of him ceases to have effect.
6.
PART II
RELEASE UNDER SUPERVISION
Not earlier than 6 months before a prisoner is eligible for release under section 7(1) or (2), he may apply in writing to the Governor through the Board for an order for his release under that section subject to super- vision.
7. (1) The Governor may, if the Board so recommends, order that a prisoner who-
(a) is serving a sentence of imprisonment of 3 years or more (other
than imprisonment for life); and
(b) has served not less than one-half or 20 months of that sentence
(whichever is the greater),
be released from that imprisonment and be subject to supervision under this Ordinance.
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PRISONERS (RELEASE UNDER SUPERVISION)
Ord. No. 59/87
A443
(2) The Governor may, if the Board so recommends, order that a prisoner who-
(a) is serving a sentence of imprisonment of 2 years or more (other
than imprisonment for life); and
(b) is within 6 months of the expiry of his imprisonment (taking into
account remission under the Prison Rules),
be released from that imprisonment subject to supervision under this Ordinance, and be required whilst under such supervision to reside in a hostel and, as far as practicable, to obtain and remain in employment whilst so residing.
(3) The Governor may after considering the recommendations of the Board specify such conditions as he thinks fit to be included in a supervision order and may at any time vary or cancel them, and such conditions may include any conditions specified in regulations made under section 20.
(4) A person who is
(Cap. 234, sub. leg.)
(a) sentenced to imprisonment in circumstances in which he is, by
virtue of section 5A(1)(a) or (2) of the Training Centres Ordin- (Cap. 280.) ance, subject to the provisions of that Ordinance on his release from that imprisonment; or
(b) subject to a removal order or a deportation order made under the
Immigration Ordinance,
shall not be eligible to be released under this section.
(Cap. 115.)
8. (1) Where the Governor makes an order under section 7(1) or (2) Release by the for the release of a prisoner under supervision, the Commissioner shall Commissioner cause a supervision order to be drawn up in accordance with regulations and service of made under section 20, containing such conditions as are specified by the supervision Governor under section 7(3), and to be served upon the prisoner, and the order. prisoner shall be released.
(2) Where the Governor varies or cancels the conditions of a supervi- sion order under section 7(3), the Commissioner shall cause written notice of the variation or cancellation to be served personally upon the prisoner.
9.
(1) A supervision order shall, unless previously revoked or ceas- Duration of ing to have effect under section 14, remain in effect until the date on which supervision the prisoner in respect of whom it was made would have been released from order. imprisonment if he had served his sentence of imprisonment—
(a) in the case of a supervision order made under section 7(1), without
remission under the Prison Rules;
(Cap. 234, sub. leg.)
(b) in the case of a supervision order made under section 7(2), with any remission for which he is eligible under the Prison Rules. (2) The date until which a supervision order is to remain in effect in accordance with subsection (1) shall be specified in the order.
10. A prisoner who is released from imprisonment subject to a Requirements supervision order shall—
(a) be subject to supervision by such person as shall be specified by the
Commissioner in the order; and
(b) comply with the requirements and conditions of the order.
of release under supervision.
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