For information
on 20 November 1997
Provisional Legislative Council
Panel on Security
Long-term Prison Sentences Review Regulations
Purpose
This paper informs Members of our proposal to introduce subsidiary legislation for the Long-term Prison Sentences Review Ordinance (the Ordinance), which was enacted in June 1997.
Background
2.The Ordinance provides, among other things, for the establishment of a statutory Board with improved and updated procedures which enhance the transparency, efficiency and fairness of our prison sentence review and remission system. The Board may recommend to the Chief Executive that particular prisoners' sentences be changed, and may also allow suitable prisoners of indeterminate sentence to be conditionally released under supervision or to receive post-release supervision.
3.Section 43(1) of the Ordinance (copy at the Annex) provides for the making of regulations. It is essential that we should introduce the Long-term Prison Sentences Review Regulations (the Regulations) into the legislature in early 1998 to provide for the Regulations so that the Board can operate under a detailed set of procedures that are backed by legislation.
Proposals
4.The proposed Regulations seek to make provisions for:
- the Board to take into account the relevant and available information, such as the nature of the offence, criminal history, views of the trial judge, mitigating circumstances etc. These factors are similar to those considered by the former non-statutory board. This regulation is based on sections 43(1)(b) and 43(1)(i) of the Ordinance, which specify that a regulation may provide for matters that the Board is required or permitted to take into account for the purpose of making order, and are necessary for the better carrying out of the purposes of the Ordinance;
- any order made under the Ordinance to be signed by the President (a similar provision is found in the Post-Release Supervision of Prisoners Ordinance), and the conditions which may be specified in a supervision order to relate to matters similar to those applicable to the Prisoners (Release under Supervision) Scheme, such as reporting requirements, employment, place of residence etc. This regulation is based on section 43(1)(c) of the Ordinance, which specifies that a regulation may provide for matters that the Board must include in an order that it has power to make under the Ordinance;
- orders made under the Ordinance to be in such form as the Commissioner of Correctional Services may specify (similar provisions are found in the Post-Release Supervision of Prisoners Regulation and the Prisoners (Release under Supervision) Regulations). This regulation is based on section 43(1)(d) of the Ordinance, which specifies that a regulation may provide for the functions and duties of the Commissioner of Correctional Services with respect to the operation of the Ordinance;
- a member of the Board to interview a prisoner regarding the review of his/her case (similar provisions are found in the Post-Release Supervision of Prisoners Regulation and the Prisoners (Release under Supervision) Regulations). This regulation is based on section 43(1)(e) of the Ordinance, which specifies that a regulation may provide for the extent, if any, to which a prisoner has a right to attend proceedings of the Board in which the Board is reviewing the prisoner's sentence; and
- the Secretary for Security to specify a place for conducting the proceedings of the Board if the prisoner to whom the proceedings relate is to attend the proceedings personally either for the purpose of attending a hearing under the Ordinance or with the consent of the Board. This regulation is based on section 43(1)(f) of the Ordinance, which specifies that the Secretary for Security is empowered to specify a place where proceedings of the Board shall be conducted if the prisoner to whom the proceedings relate is to attend the proceedings personally.
Security Bureau
November 1997
