Cap. 513 《移交被判刑人士條例》Transfer of Sentenced Persons Ordinance

生效中

版本日期: 2025-08-24

An Ordinance to make provision for the transfer between Hong Kong and places outside Hong Kong of persons detained in institutions by virtue of orders made by courts in the exercise of their criminal jurisdiction; and for matters incidental thereto or connected therewith.

[6 June 1997] L.N. 303 of 1997

(Format changes—E.R. 1 of 2019)

(Enacting provision omitted—E.R. 1 of 2019)

1. Short title

(Amended E.R. 1 of 2019)

(1)

This Ordinance may be cited as the Transfer of Sentenced Persons Ordinance.

(2)

(Omitted as spent—E.R. 1 of 2019)

2. Interpretation

In this Ordinance, unless the context otherwise requires—

arrangements for the transfer of sentenced persons (移交被判刑人士的安排) means arrangements—(a)which are applicable to—(i)the Government and the government of a place outside the People’s Republic of China; or(ii)Hong Kong and a place outside the People’s Republic of China; or(iii)the Government of the Macao Special Administrative Region and the Government; and (Added 13 of 2005 s. 3. Amended 31 of 2025 s. 138)(b)for the purposes of— (Amended 13 of 2005 s. 3)(i)the transfer of a sentenced person or sentenced persons to Hong Kong from that place or from Macao; or(ii)the transfer of a sentenced person or sentenced persons to that place or to Macao from Hong Kong; (Amended 13 of 2005 s. 3; 31 of 2025 s. 138) court (法院) includes a magistrate, tribunal and any other judicial authority of Hong Kong or a place outside Hong Kong; institution (機構) includes a prison, hospital and reception centre; inward warrant (移交入境手令) means a warrant issued under section 3(1)(a); outward warrant (移交出境手令) means a warrant issued under section 3(1)(b); sentence (刑、刑罰) means any punishment or measure involving the deprivation of liberty ordered by a court—(a)for a limited, unlimited or indeterminate period of time; and (Amended 32 of 2000 s. 24)(b)in the course of the exercise of its criminal jurisdiction; sentenced person (被判刑人士) means a person who is required to be detained in an institution to serve a sentence.

3. Issue of warrant, etc.

(1)

Subject to section 4, the Chief Executive may, pursuant to any arrangements for the transfer of sentenced persons, issue a warrant in the form specified in Schedule 1 providing for the transfer of a sentenced person—

(a)

into Hong Kong from the place outside Hong Kong to which those arrangements are applicable; or

(b)

to the place outside Hong Kong to which those arrangements are applicable.

(2)

The Chief Executive may, by notice in the Gazette, amend Schedule 1.

(Amended 15 of 1999 s. 3)

4. Restrictions on issue of warrant

(1)

The Chief Executive shall not issue an inward warrant unless—

(a)

the acts or omissions constituting the conduct in respect of which the sentence was imposed amount to conduct which, if the conduct had occurred in Hong Kong, would constitute a criminal offence under the law of Hong Kong;

(b)

the sentenced person—

(i)

holds a permanent identity card within the meaning of the Registration of Persons Ordinance (Cap. 177); or

(ii)

in the opinion of the Chief Executive, otherwise has close ties with Hong Kong;

(c)

the sentence imposed is for—

(i)

life;

(ii)

an indeterminate period; or (Amended 32 of 2000 s. 25)

(iii)

a fixed period;

(d)

no further criminal proceedings relating to the sentenced person in respect of the conduct which gave rise to the sentence imposed are pending in the place outside Hong Kong; and

(e)

an appropriate authority of the place outside Hong Kong and the sentenced person (or a person acting on his behalf) have consented to the transfer.

(2)

The Chief Executive shall not issue an outward warrant unless—

(a)

the acts or omissions constituting the conduct in respect of which the sentence was imposed amount to conduct which, if the conduct had occurred in the place outside Hong Kong, would constitute a criminal offence under the law of that place;

(b)

(i)

in the case of a transfer to a place outside the People’s Republic of China, the sentenced person is a national of that place or, in the opinion of the Chief Executive, otherwise has close ties with that place; or

(ii)

in the case of a transfer to Macao, the sentenced person is a permanent resident of Macao or, in the opinion of the Chief Executive, otherwise has close ties with Macao; (Replaced 13 of 2005 s. 4. Amended 31 of 2025 s. 139)

(c)

the sentence imposed is for—

(i)

life;

(ii)

an indeterminate period; or (Amended 32 of 2000 s. 25)

(iii)

a fixed period;

(d)

no further criminal proceedings relating to the sentenced person in respect of the conduct which gave rise to the sentence imposed are pending in Hong Kong; and

(e)

an appropriate authority of Hong Kong and the sentenced person (or a person acting on his behalf) have consented to the transfer.

(Amended 15 of 1999 s. 3)

5. Transfers into and out of Hong Kong

(1)

An inward warrant shall—

(a)

be sufficient authority for—

(i)

the bringing of the sentenced person into Hong Kong from the place outside Hong Kong;

(ii)

the taking of the sentenced person to the institution in Hong Kong which is specified in the warrant; and

(iii)

the detention of the sentenced person in accordance with the terms of the warrant; and

(b)

not specify that the sentenced person is to be detained beyond the date, if any, which the place outside Hong Kong has advised is the termination date of the sentence imposed.

(2)

An outward warrant shall be sufficient authority for—

(a)

the taking of the sentenced person from an institution in Hong Kong and his delivery into the custody of an escorting officer representing the appropriate authority of the place outside Hong Kong; and

(b)

the removal of the sentenced person by the escorting officer to the place outside Hong Kong.

(3)

If any sentenced person—

(a)

who is in custody by virtue of an inward or outward warrant escapes out of custody; or

(b)

who has been removed from Hong Kong by virtue of an outward warrant returns to Hong Kong—

(i)

before the completion of the sentence imposed on him in Hong Kong; and

(ii)

without the consent in writing of the Chief Executive,

then—

(i)

in either case, the sentenced person may be taken in Hong Kong in like manner as a person who has escaped from a prison in Hong Kong; and

(ii)

in the case of paragraph (b), subject to subsection (4), the sentenced person, if so taken, shall serve in Hong Kong—

(A)

the unexpired portion of that sentence remaining to be served commencing on the date on which he is so taken; and

(B)

all or so much of the period—

(I)

between the date on which, for whatever reason, he ceased to serve that sentence in the place outside Hong Kong concerned and the date referred to in subparagraph (A); and

(II)

as the Chief Executive directs in writing that he shall so serve.

(4)

Subsection (3)(ii) shall not operate to—

(a)

prevent the Chief Executive from issuing a further outward warrant in respect of the sentenced person referred to in that subsection; or

(b)

prejudice the exercise by any person (whether or not the Chief Executive) of any power under any law to pardon the sentenced person or commute or otherwise shorten all or any part of the sentence referred to in that subsection.

(Amended 15 of 1999 s. 3)

6. Revocation and variation of warrant

(1)

Subject to subsection (2), the Chief Executive may, by direction in writing, revoke or vary an inward or outward warrant.

(2)

Where the term of the sentence imposed on a sentenced person the subject of an inward or outward warrant has been commuted or reduced, the Chief Executive shall under subsection (1) revoke or vary that warrant to give effect to the commutation or reduction, as the case may be.

(Amended 15 of 1999 s. 3)

7. Transit

Where a place outside Hong Kong wishes to transport in custody through Hong Kong a sentenced person who is being taken to that place from another place outside Hong Kong for the purposes of serving in that first-mentioned place a sentence imposed on him in that second-mentioned place—

(a)

that person may be transported in custody through Hong Kong for those purposes;

(b)

a police officer (or any other person belonging to a class of persons authorized in writing by the Chief Executive for the purposes of this section) may, for the purposes of such transport, hold that person in custody for not more than—

(i)

48 hours; or

(ii)

such further period as is permitted in writing by the Chief Executive.

(Amended 15 of 1999 s. 3)

8.

(Repealed 15 of 1999 s. 3)

9. Chief Executive to give notice to Central People’s Government in relation to relevant requests

(1)

The Chief Executive shall cause the Central People’s Government to be given notice of every relevant request.

(2)

Where the Central People’s Government issues an instruction to the Chief Executive to take, or not to take, an action—

(a)

in relation to a relevant request; and

(b)

on the ground that if the instruction were not complied with the interests of the People’s Republic of China in matters of sovereignty, security or public order would be significantly affected,

then the Chief Executive shall comply with that instruction.

(3)

Without prejudice to the operation of subsection (2), a relevant request shall not be complied with until—

(a)

the expiration of the relevant period; or

(b)

the Central People’s Government advises the Chief Executive that the request may be complied with,

whichever first occurs.

(4)

A notice under subsection (1) shall—

(a)

be accompanied by—

(i)

a copy of the relevant request;

(ii)

copies of the accompanying documents;

(iii)

a summary of the material facts supporting the request;

(iv)

particulars of any places through which the sentenced person will be transported; and

(v)

such other documents relating to the request as may be required by the Central People’s Government;

(b)

if not already provided by virtue of paragraph (a), clearly identify—

(i)

the person making the request;

(ii)

the sentenced person; and

(iii)

in the case of a request referred to in—

(A)

paragraph (a) of the definition of relevant request, the place from which it is proposed to transfer the sentenced person into Hong Kong;

(B)

paragraph (b) of that definition, the place to which it is proposed to transfer the sentenced person from Hong Kong;

(C)

paragraph (c) of that definition, the places from and to which it is proposed to transport the sentenced person in custody through Hong Kong; (Amended 13 of 2005 s. 5)

(c)

if not already provided by virtue of paragraph (a), state—

(i)

the acts or omissions constituting the conduct in respect of which the sentence was imposed;

(ii)

the sentence imposed;

(iii)

the period of that sentence already served by the sentenced person; and

(iv)

if that sentence is a fixed period, the date on which the sentenced person will cease to serve that sentence;

(d)

in the case of a request referred to in paragraph (a) or (b) of the definition of relevant request, and if not already provided by virtue of paragraph (a), provide a copy of the sentenced person’s (or a person acting on his behalf) consent to the transfer;

(e)

in the case of a request referred to in paragraph (c) of the definition of relevant request, and if not already provided by virtue of paragraph (a) and if practicable, state particulars of the time the sentenced person is to be transported in custody through Hong Kong; and

(f)

in the case of a request referred to in paragraph (a) or (b) of the definition of relevant request—

(i)

state the basis on which the request is being made; and

(ii)

state advice with reasons whether the request may be complied with.

(5)

Where a relevant request has been complied with, the Chief Executive shall, if the Central People’s Government so requires, provide the Central People’s Government with particulars of any evidence or documents provided pursuant to the request.

(6)

In this section—

relevant period (有關的期間), in relation to a relevant request, means the period commencing on the receipt of the request and expiring upon the elapse of such number of days as are agreed in writing from time to time by the Central People’s Government and the Chief Executive for the purposes of this definition; relevant request (有關的要求) means— (Amended 13 of 2005 s. 5)(a)a request to issue an inward warrant for the transfer of a sentenced person to Hong Kong from a place outside Hong Kong other than Macao;(b)a request to issue an outward warrant for the transfer of a sentenced person from Hong Kong to a place outside Hong Kong other than Macao; or(c)a request to transport in custody through Hong Kong a sentenced person from a place outside Hong Kong (other than Macao) to another place outside Hong Kong (other than Macao). (Amended 13 of 2005 s. 5; 31 of 2025 s. 140)

(Amended 15 of 1999 s. 3)

10. Transitional

(1)

Where—

(a)

a sentenced person is in custody in Hong Kong by virtue of a warrant issued under the Repatriation of Prisoners (Overseas Territories) Order 1986 (App. III, p. C1)*; and

(b)

the sentence to be served by that person has not expired on or before the date on which—

(i)

any arrangements for the transfer of sentenced persons come into operation between Hong Kong and the place outside Hong Kong from which that person was brought into Hong Kong pursuant to the warrant; or

(ii)

that Order ceases to be part of the law of Hong Kong,

whichever first occurs,

then that warrant shall be deemed to be an inward warrant issued under this Ordinance on that date in respect of the unexpired portion of that sentence remaining to be served after that date, and the other provisions of this Ordinance (including section 6) shall be construed accordingly.

(2)

If any sentenced person who has been removed from Hong Kong—

(a)

by virtue of a warrant issued under the Repatriation of Prisoners (Overseas Territories) Order 1986 (App. III, p. C1)*; and

(b)

returns to Hong Kong—

(i)

before the completion of the sentence imposed on him in Hong Kong; and

(ii)

without the consent in writing of the Chief Executive,

then—

(i)

the sentenced person may be taken in Hong Kong in like manner as a person who has escaped from a prison in Hong Kong; and

(ii)

subject to subsection (3), the sentenced person, if so taken, shall serve in Hong Kong—

(A)

the unexpired portion of that sentence remaining to be served commencing on the date on which he is so taken; and

(B)

all or so much of the period—

(I)

between the date on which, for whatever reason, he ceased to serve that sentence in the place outside Hong Kong concerned and the date referred to in subparagraph (A); and

(II)

as the Chief Executive directs in writing that he shall so serve.

(3)

Subsection (2)(ii) shall not operate to—

(a)

prevent the Chief Executive from issuing an outward warrant in respect of the sentenced person referred to in that subsection; or

(b)

(Amended 15 of 1999 s. 3)

Editorial note: Please also see section 3 of Schedule 2.

11.

(Omitted as spent—E.R. 1 of 2019)

Schedule 1 — Inward and Outward Warrants

[s. 3]

PART 1

I W

To the Commissioner of Correctional Services and to each and all of the officers acting under his orders.

Whereas, pursuant to the Transfer of Sentenced Persons Ordinance (Cap. 513), this warrant authorizes the bringing into Hong Kong of . (name of sentenced person) from . (name of the place outside Hong Kong) to . (name of institution) to serve in Hong Kong the sentence imposed on him in the said place [until . (date on which the said sentence terminates)]*:

YOU, THE SAID OFFICERS, ARE HEREBY COMMANDED to take the said sentenced person and to safely convey him to the said institution, and there deliver him to the Commissioner of Correctional Services, together with this warrant:

YOU, THE SAID COMMISSIONER OF CORRECTIONAL SERVICES, ARE HEREBY COMMANDED to receive the said sentenced person into your custody, and detain him to serve the said sentence [until the said date]*; and for your so doing this shall be sufficient warrant.

Dated this . day of .


	(Signature) Chief Executive

* Delete if the sentence imposed is for life.

PART 2

O W

To the Commissioner of Correctional Services, to each and all of the officers acting under his orders and to the escorting officer representing the appropriate authority of the place outside Hong Kong.

Whereas, pursuant to the Transfer of Sentenced Persons Ordinance (Cap. 513), this warrant authorizes the taking of . (name of sentenced person) from . (name of institution) and his delivery into the custody of the said escorting officer for the purposes of his removal to . (name of the place outside Hong Kong) to serve in the said place the sentence imposed on him in Hong Kong:

YOU, THE SAID COMMISSIONER OF CORRECTIONAL SERVICES, ARE HEREBY COMMANDED to release the said sentenced person from the said institution into the custody of the said officers for the delivery of the said sentenced person to the said escorting officer, together with this warrant:

YOU, THE SAID OFFICERS, ARE HEREBY COMMANDED to take the said sentenced person and to safely convey him to the said escorting officer, and there deliver him into the custody of the said escorting officer, together with this warrant:

YOU, THE SAID ESCORTING OFFICER, ARE HEREBY COMMANDED to remove the said sentenced person to the said place; and for your so doing this shall be sufficient warrant.

Dated this . day of .


	(Signature) Chief Executive

(Amended 15 of 1999 s. 3; 13 of 2005 s. 6)

Schedule 2 — Consequential Amendments

[s. 11]

1-2.

(Omitted as spent—E.R. 1 of 2019)

Repatriation of Prisoners (Overseas Territories) Order 1986

3. Sections 1 to 9 of the Repatriation of Prisoners Act 1984 as modified and adapted

(Commenced but retained for reference)

The Repatriation of Prisoners (Overseas Territories) Order 1986 (App. III, p. C1), in so far as it is part of the law of Hong Kong, is amended, in Schedule 1, by adding— “8A.ApplicationThis Act shall not apply as between Hong Kong and a place outside Hong Kong where any arrangements for the transfer of sentenced persons, within the meaning of section 2 of the Transfer of Sentenced Persons Ordinance (51 of 1997 Hong Kong), are in operation between Hong Kong and that place.”.