TNAG-1708-FCO40-2383-Hong-Kong-narcotics-offences-and-drug-trafficking-1987 — Page 31

C520

(Cap. 234,

sub. leg.)

(Cap. 280.)

(Cap. 115.)

Release by the Commissioner and service of supervision order.

Duration of supervision order.

(Cap. 234, sub. leg.)

Requirements of release under supervision.

PRISONERS (RELEASE UNDER SUPERVISION) BILL 1987

(2) The Governor may, if the Board so recommends, order that 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---

(a) sentenced to imprisonment in circumstances in which he is, by virtue of section 5A(1)(a) or (2) of the Training Centres Ordin- 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.

8. (1) Where the Governor makes an order under section 7(1) or (2) for the release of a prisoner under supervision, the Commissioner shall cause a supervision order to be drawn up in accordance with regulations made under section 20, containing such conditions as are specified by the Governor under section 7(3), and to be served upon the prisoner, and the 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- ing to have effect under section 14, remain in effect until the date on which the prisoner in respect of whom it was made would have been released from 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;

(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 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.