Probation of Offenders Rules
[17 January 1958]
(Format changes—E.R. 1 of 2019)
These rules may be cited as the Probation of Offenders Rules.
In these rules, unless the context otherwise requires—
Director (署長) means the Director of Social Welfare; (L.N. 42 of 1973) medical officer (醫生) means a medical officer appointed under rule 38; Ordinance (條例) means the Probation of Offenders Ordinance (Cap. 298); supervising court (監管法院), in relation to a probationer or a probation order, means the magistrates court having jurisdiction in the district or area in which the probationer is, for the time being, resident.(Revoked L.N. 146 of 1977)
(Revoked L.N. 146 of 1977)
(Revoked L.N. 146 of 1977)
(Revoked L.N. 146 of 1977)
(Revoked L.N. 146 of 1977)
(Revoked L.N. 146 of 1977)
(Revoked L.N. 146 of 1977)
(Revoked L.N. 146 of 1977)
(Revoked L.N. 146 of 1977)
(Revoked L.N. 146 of 1977)
(Revoked L.N. 146 of 1977)
(Revoked L.N. 146 of 1977)
(Revoked L.N. 146 of 1977)
The duties to be performed by the Principal Probation Officer shall include—
the organization and control of the probation service;
the supervision and training of probation officers and distribution of work between probation officers.
A probation officer shall make such preliminary inquiries, including inquiries into the home surroundings, as a court may direct in respect of any offender in whose case the question of the making of a probation order may arise.
A probation officer shall, when required by a probation order, undertake the supervision of a probationer and shall ascertain that the probationer understands the requirements and conditions of the probation order and shall by warning and persuasion endeavour to ensure compliance with requirements of the probation order. If the probationer fails to obey any of the conditions, the probation officer shall report as hereinafter directed.
The probation officer shall, subject to any provisions of the probation order, keep in close touch with the probationer, meet him frequently, and unless there is good reason for not doing so shall visit his home from time to time and require the probationer to report to him at stated intervals.
The intervals at which, in accordance with this rule, the probation officer meets the probationer, visits his home and requires the probationer to report, shall be determined amongst other circumstances by the probationer’s behaviour and progress and regard shall be had to the importance of frequent meetings during the early stages of the probation period.
A probation officer shall advise, assist and befriend the probationer, and when necessary endeavour to find him employment. For these purposes he shall secure as far as possible the co-operation and assistance of social and religious workers.
When any person has been placed on probation, the probation officer under whose supervision the probationer is for the time being, shall, if so requested by the supervising court, from time to time report to such court upon the probationer’s mode of life and generally upon his progress.
A probation officer shall from time to time report to the Principal Probation Officer upon the conduct and mode of life and generally upon the progress of every probationer who has been placed under his supervision. (L.N. 42 of 1973; L.N. 146 of 1977)
Where a probationer fails to comply with any of the requirements of a probation order, the probation officer shall report the fact to the supervising court and to the Principal Probation Officer. (L.N. 146 of 1977)
Reports made under rule 20 shall be made at such intervals and in such manner as may be directed by the supervising court or by the Principal Probation Officer, as the case may be, and they shall not be made in open court or published.
A report made in pursuance of section 4(4) of the Ordinance, shall include—
a report by the superintendent of the approved institution in which the probationer has been required to reside, and
a report by the appropriate probation officer as to the suitability of such probationer’s home or other place where, if the requirement of residence in such institution is cancelled, he proposes to reside.
It shall be the duty of the probation officer appointed or assigned to any area to furnish to another probation officer, on request, such a report as is mentioned in paragraph (1)(b).
Every probation officer shall keep in the form and manner prescribed by these rules a proper record concerning each probationer placed under his supervision and shall ensure that access to such record is not available to unauthorized persons.
Every probation officer shall enter the particulars forming the record of each case under his supervision on the appropriate form specified by the Director.
The Director shall be responsible for the administration of approved institutions.
The superintendent of an approved institution shall be responsible to the Director for the efficient conduct thereof.
The superintendent shall keep—
a register of all probationers admitted to and discharged from the institution;
a log book in which shall be entered every event of importance connected with the institution;
a daily register of the presence or absence of each probationer in or from the institution;
a separate case record in respect of each probationer resident in the institution in a form specified by the Director. (L.N. 60 of 1987)
The superintendent of an approved institution, or any member of his staff duly authorized by him, may at any time grant to a probationer, who is required to reside in the approved institution, leave of absence from the approved institution—
for any period not exceeding 12 hours where such absence is in accordance with the purpose of the probation order and the conditions thereof; and
with the prior permission of the probation officer who has been entrusted with the supervision of the probationer, for any period for the purpose of employment or training, including any course of instruction or participation in any other activities outside the boundaries of the institution, whether or not such activities are conducted by a member of the staff of the institution.
A probationer who is granted leave of absence shall proceed directly from the institution to such place as he may be directed by the superintendent or by a duly authorized member of his staff, and, if so directed, shall reside at such place.
A probationer, who, without reasonable cause, fails to return to the institution before the expiry of his period of leave of absence or who leaves a place of employment or training or the place to which he has been directed by the superintendent or by a member of his staff, shall be deemed to be absent without leave and to have failed to comply with the conditions of residence.
Where a probationer is absent without leave from an approved institution, the superintendent thereof shall forthwith notify the Director and the probation officer entrusted with the supervision of the probationer.
The superintendent of an approved institution shall, on the request of a probation committee, make a written report on the progress of any probationer residing therein.
The superintendent of an approved institution shall, subject to any directions of the Director, determine the duties of the other members of the staff thereof.
If the superintendent is absent from an approved institution for a period of more than 24 hours he shall, subject to the approval of the Director, nominate in writing a senior member of the staff thereof who shall, during such period of absence, carry out the duties of superintendent.
The superintendent shall provide a probationer who is in residence in an approved institution with a separate bed and may provide such a probationer with such clothing as he considers necessary.
Each probationer, while in residence in an approved institution, shall be provided with sufficient and varied food based on a dietary to be drawn up by the superintendent of the institution in consultation with the medical officer assigned thereto and approved by the Director and a copy of such dietary shall at all times be posted in the kitchen of the institution. (L.N. 35 of 1963; L.N. 42 of 1973)
A record shall be kept of the dishes that have been served and the weekly quantities of the main foodstuffs used in each approved institution.
Every approved institution shall provide a scheme of training approved by the Director.
A probation officer shall be allowed to see in private at any reasonable time any probationer under his supervision, notwithstanding residence in an approved institution.
The conduct of probationers in any approved institution shall be regulated by daily routines (including the hours of rising, meals, recreation and retiring) which shall be drawn up by the superintendent of such institution and approved by the Director. A copy of such routine shall be posted in the institution. (L.N. 42 of 1973)
Any substantial deviation from such daily routine as posted shall be recorded by the superintendent in the log book of the institution.
Adequate provision shall be made for free time and recreation, including organized games, for probationers while in residence in an approved institution. (L.N. 35 of 1963)
Probationers, while in residence in an approved institution, shall be encouraged to write to their parents or guardians, and for this purpose postage stamps and stationery shall be provided by the superintendent thereof at the public expense.
Probationers, while in residence in an approved institution, shall be allowed to receive letters from their parents, guardians, and friends, and in special circumstances may, with the approval of the superintendent thereof, be permitted to receive visitors:Provided that the dates and times of such visits shall be arranged with the superintendent on written application by the visitors.
The Director may at any time by a direction in writing require that any correspondence between a probationer in residence in an approved institution and any other person shall be subject to censorship by the superintendent of the institution. (L.N. 35 of 1963; L.N. 42 of 1973)
Discipline in an approved institution shall be maintained by the personal influence of the superintendent and staff thereof, and shall be promoted by a system of rewards and privileges, which shall be drawn up and operated by the superintendent subject to the approval of the Director. (L.N. 42 of 1973)
No corporal punishment of any kind shall be inflicted on a probationer in an approved institution.
When punishment of a probationer is necessary for the maintenance of discipline in an approved institution, one of the following methods may be adopted—
forfeiture of rewards or privileges or temporary loss of recreation;
imposition of additional occupation.
No probationer in an approved institution shall be allowed to administer any form of punishment to any other probationer therein.
The superintendent shall keep and maintain a book (to be known as the Punishment Book) and shall record therein any punishment imposed under the provisions of this rule. Any such punishment shall also be recorded in the individual case record of the probationer punished.
The Chief Executive shall appoint such medical officers as he may consider necessary to visit approved institutions, whose duties shall include— (17 of 1999 s. 3)
the examination of every probationer as soon as practicable after admission to an approved institution;
recording in each probationer’s case record an opinion as to the physical or mental health of the probationer on admission to the institution and from time to time thereafter as circumstances may require;
the medical care of and responsibility for the treatment when sick of any probationer in an approved institution, including the power to cause the removal of any probationer in need of special treatment to a suitable hospital or institution;
the periodic inspection of approved institutions from the hygienic point of view;
advice as to dietary and general hygiene;
the keeping of medical records in which shall be entered particulars of every medical examination carried out under this rule and case notes relating to any probationer receiving medical attention.
Every medical officer shall take such action and employ such treatment as he may consider necessary or expedient to prevent or mitigate any epidemic or endemic contagious or infectious disease in any approved institution to which he is, for the time being, assigned.
If any probationer in an approved institution becomes seriously ill, or contracts or suffers from any infectious or contagious disease, or becomes seriously injured in any accident or otherwise, the superintendent of the institution shall forthwith report the fact to the Director and to the parent or guardian (if any) of the probationer.
If any probationer in any approved institution dies, the superintendent thereof shall immediately report the fact to the Director and to the parent or guardian (if any) of the probationer.
A medical officer shall examine every probationer on the day prior to his discharge from an approved institution and shall certify as to his state of mental and physical health and to such other particulars regarding him as may be necessary.
Every approved institution shall be visited by 2 visiting justices of the peace, in company if possible, not less than once in every month and on such other days as may be required by the Chief Secretary for Administration. (L.N. 272 of 2000)
The Chief Secretary for Administration shall nominate the visiting justices in respect of each institution for a tour of duty of 1 month at a time and shall furnish their names to the Director. (L.N. 42 of 1973; E.R. 1 of 2019)
Each institution shall be open to the visiting justices nominated in respect thereof at all reasonable times during their tour of duty.
At the termination of any visit to an approved institution the visiting justices shall record in a book to be kept at each institute—
a note of the date and time of the visit;
any comment of a general or particular nature concerning the institution or any inmate thereof, which the justices may wish to place on record;
any recommendations.
After each visit the book shall be forwarded to the Chief Secretary for Administration through the Director. (L.N. 42 of 1973; L.N. 226 of 1976; L.N. 362 of 1997)
Visiting justices shall ensure that any abuses in connection with an approved institution which come to their knowledge shall be brought to the notice of the Director as soon as may be.
Visiting justices shall co-operate with the Director to promote the efficient management of and good discipline in any approved institution visited by them and shall make special inquiry into any matter referred to them by the Chief Executive.
Visiting justices shall hear and investigate any complaint which a probationer resident in an approved institution may desire to make to them.
Visiting justices shall inspect the diets of the residents in approved institutions visited by them and if they consider that the food supplied does not conform with the approved dietary under which it is supplied, they shall record the circumstances in the book referred to in rule 43 and ensure that the matter is brought to the notice of the Director as soon as may be, and the Director shall forthwith take such steps as may be necessary to provide food in accordance with such dietary, or as near thereto as may be.
Visiting justices may inspect all or any of the books of every approved institution visited by them.
Visiting justices shall assist the Director with advice and suggestions regarding the recreation or training of residents in any approved institution with particular relation to their employment after discharge.
Visiting justices may with the approval of the Director organize lectures and addresses in any approved institution provided that they do not interfere with the requirements of discipline in such institution and are directed to the moral improvement of the residents therein.
Visiting justices shall discharge such other duties as the Chief Executive may assign to them.
No visiting justice shall have any financial interest in any contract relating to any approved institution visited by him.