Cap. 524A 《長期監禁刑罰覆核規例》Long-term Prison Sentences Review Regulation
生效中Long-term Prison Sentences Review Regulation
(Enacting provision omitted—E.R. 1 of 2021)
[24 December 1997] L.N. 633 of 1997
(Format changes—E.R. 1 of 2021)
1. (Omitted as spent—E.R. 1 of 2021)
2. Matters taken into account by Board
For the purpose of reviewing a prisoner’s sentence under the Ordinance, the Board may take into account the matters mentioned in Schedule 1 and any other matters the Board considers relevant.
3. Matters included in an order
Any order which the Board has power to make under the Ordinance shall be drawn up and signed by the President of the Board, or the Deputy President in the absence of the President, and served on the Commissioner.
Without prejudice to section 30(1)(b) of the Ordinance, a supervision order may include conditions relating to the matters mentioned in Schedule 2.
4. Forms
Orders made under the Ordinance shall be in such form as the Commissioner may specify.
5. Interviewing a prisoner
Where the Board so directs, and the prisoner consents, 2 or more members of the Board designated by the Board may interview a prisoner whose sentence the Board is to review under the Ordinance.
The members of the Board who have interviewed a prisoner shall submit a report of the interview in writing to the Board.
A report on a prisoner submitted under subsection (2) shall be considered by the Board when it reviews his sentence.
6. Proceedings of Board
The Secretary for Security may specify a place for conducting proceedings of the Board which involve the personal attendance of a prisoner—
for the purpose of attending a hearing under section 13 of Schedule 1 to the Ordinance; or
with the consent of the Board.
Schedule 1 — Matters that may be Taken into Account by Board
[s. 2]The nature of the offence
The prisoner’s criminal record
Reports, if any, made by the trial judge in relation to the offence
Any mitigating circumstances
Remorse shown by the prisoner for the offence
The prisoner’s response to counselling and rehabilitative treatment
The prisoner’s age when the offence was committed
The prisoner’s rehabilitation prospects and employment prospects on release
Sentences in other similar cases
Public interest, including public safety and the likelihood of commission of the same or further offence
The prisoner’s psychological condition
The prisoner’s psychiatric condition
The prisoner’s conduct in prison
The prisoner’s state of health
The prisoner’s age
The length of time the prisoner has served in prison
The minimum term of the prisoner’s sentence (if applicable)
Any assistance provided by the prisoner to law enforcement agencies
Schedule 2 — Conditions that may be Included in a Supervision Order
[s. 3]A supervision order may include conditions relating to the prisoner’s—
obligation to report;
financial responsibilities towards his dependants;
employment;
place of residence;
remaining within any geographical area;
attendance for medical treatment;
refraining from associating with persons who have a criminal record or who have any connection with the offence for which he was sentenced;
refraining from visiting any place connected with the offence for which he was sentenced; and
contributions towards the cost of food and accommodation provided to him in a hostel.