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Following is a written reply by the Secretary for Security, Mr Lai Tung-kwok, to a question by Dr Hon Kenneth Chan in the Legislative Council today (May 14):
Question:
The Long-term Prison Sentences Review Ordinance (Cap. 524) provides that the Commissioner of Correctional Services must refer the long-term and indeterminate sentences of prisoners to the Long-term Prison Sentences Review Board (the Review Board) for review according to the specified schedules, and the prisoners concerned are not required to lodge an application by themselves. In this connection, will the Government inform this Council of the following in each year between January 2004 and March 2014: (i) the total number of cases reviewed by the Review Board, (ii) the number of cases of indeterminate sentences reviewed by the Review Board, (iii) the number of cases for which remission of determinate sentences was recommended by the Review Board and approved by the Chief Executive (CE), (iv) the number of cases for which the Review Board recommended to CE the substitution of indeterminate sentences by determinate ones, (v) the number of cases for which recommendation for substitution of indeterminate sentences by determinate ones was made by the Review Board and approved by CE, (vi) the number of cases in which the Review Board informed prisoners serving indeterminate sentences that it would recommend to CE some years later the substitution of their indeterminate sentences by determinate ones, and (vii) the number of cases in respect of which sentence review hearings were held by the Review Board and attended by the prisoners in person or their representatives (set out in table form)?
Reply:
President,
Our reply to the various parts of the question is as follows:
The Long-term Prison Sentences Review Board (the Review Board) is an independent statutory body established pursuant to the Long-term Prison Sentences Review Ordinance (Cap. 524) (the Ordinance). Under the Ordinance, the President and Deputy President of the Review Board must be judges or former judges of the Court of First Instance. There are at present nine non-official members with experience in various disciplines such as psychiatry, psychology, social work, law, education, commerce and industry, and rehabilitation of offenders. The Review Board's principal function is to review the indeterminate and long-term prison sentences of prisoners and the sentences of juvenile prisoners, and to recommend to the Chief Executive (CE) that such indeterminate sentences be substituted by determinate ones or determinate sentences be remitted, if appropriate.
In general, prisoners serving long-term or indeterminate sentences are those who have committed more serious offences. The Review Board shall review each case with due care and consider all relevant factors, including the nature of the offence, length of the sentence already served by the prisoner, rehabilitation of the prisoner, and the impact on public safety caused by the prisoner, etc. Only when sufficient justifications have been found after a thorough consideration of all relevant factors for each individual case will the Review Board recommend to CE that an indeterminate sentence be substituted by a determinate one, or that a determinate sentence be remitted.
Statistics on cases reviewed by the Review Board since 2004 are at Annex.
Ends/Wednesday, May 14, 2014
Issued at HKT 14:58
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