PLC Paper No. LS 63

Paper for the House Committee Meeting of the Provisional Legislative Council on 5 December 1997

Legal Service Division Report on Resolution under section 43 of the Long-term Prison Sentences Review Ordinance (86 of 1997)

The Secretary for Security will move a motion at the meeting of the Provisional Legislative Council to be held on 17 December 1997 to seek the Council approval of the Long-term Prison Sentences Review Regulation (懀he Regulation� made under section 43 of the Long-term Prison Sentences Review Ordinance (86 of 1997) (懀he Ordinance�.

2. The Ordinance provides that the Long-term Prison Sentences Review Board (懀he Board� is to review the cases of-

1. a prisoner in respect of whom a long-term prison sentence (i.e. a sentence of 10 years or more) or mandatory life sentence has been imposed;

2. a prisoner being held in detention at Executive discretion;

3. a juvenile prisoner, i.e. a prisoner under 21 years of age;

4. a prisoner who, having been convicted outside Hong Kong of offence for which he has been sentenced to serve a long-term or an indeterminate sentence, has been transferred to Hong Kong to serve the remainder of his sentence in prison in Hong Kong; and

5. a prisoner who has been recalled to prison under the Ordinance to serve the remainder of a sentence.

3. Section 2 of and Schedule 1 to the Regulation specify the matters that may be considered by the Board upon reviewing a prisoner sentence under the Ordinance.

4. Section 3 of and Schedule 2 to the Regulation specify the conditions that may be included in a supervision order in respect of a released prisoner whose indeterminate sentence has been changed to determinate sentence by the Chief Executive on the advice of the Board.

5. Section 4 of the Regulation empowers the Commissioner of Correctional Services to specify the forms of the orders.

6, Section 5 of the Regulation provides for interviews with the prisoners by the Board.

7. Section 6 of the Regulation provides for the circumstances under which the Secretary for Security may specify a place for conducting proceedings of the Board.

8. Members of the PLC Security Panel have been briefed by the Administration on the proposals in the Regulation at its meeting on 20 November 1997.

9. The Regulation will come into operation on a day to be appointed by the Secretary for Security by notice in the Gazette. It is expected that the Regulation will come into operation as soon as it has been approved by the Provisional Legislative Council.

Prepared by

Lam Ping-man, Stephen
Assistant Legal Adviser
Provisional Legislative Council Secretariat
3 December 1997

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