A BILL

Amend the Criminal Procedure Ordinance.

Enacted by the Provisional Legislative Council.

1. Short title

This Ordinance may be cited as the Criminal Procedure (Amendment) Ordinance 1998.

2. Minimum terms to be determined in respect of certain existing prisoners

Section 67C(1)(a) of the Criminal Procedure Ordinance (Cap. 221) is amended by repealing "sentences of life imprisonment" and substituting "life sentences".

3. Sections added

The following are added--

"67D. Minimum terms to be determined in respect of certain prisoners serving mandatory life sentences

(1) This section applies to prisoners who, at the commencement of this section, are serving mandatory life sentences in respect of the conviction of murder committed when they were under 18 years of age.

(2) Within 6 months after the commencement of this section, the Chief Justice must, after taking into account any representations made under subsection (3), submit to the Chief Executive in respect of each prisoner to whom this section applies a recommendation specifying a minimum term that the prisoner should serve in relation to the offence for which the prisoner was sentenced to imprisonment and the recommendation should include any special considerations or circumstances to be taken into account in any future review.

(3) Before making a recommendation under subsection (2), the Chief Justice must-

(a) give the prisoner an opportunity to make written representations to the Chief Justice for the Chief Justice to take into account in making the recommendation; and

(b) as far as it is practicable to do so, consult with the judge who presided at the trial of the relevant offence.

(4) As soon as practicable after receiving a recommendation under subsection (2), the Chief Executive must determine a minimum term that the prisoner must serve for the offence, taking into account the recommendation of the Chief Justice and any representations made under subsection (5).

(5) The Chief Executive must not make a determination under subsection (4) in respect of a prisoner without having--

(a) provided the prisoner with a copy of the Chief Justice's recommendation in respect of the prisoner's sentence; and

(b) given the prisoner an opportunity to make written representations to the Chief Executive with respect to that recommendation.

(6) A determination under this section is final and not subject to appeal to any court.

67E. Interpretation

In sections 67B and 67C, "discretionary life sentence" (酌情性終身監禁刑罰) has the same meaning as in the Long-term Prison Sentences Review Ordinance (86 of 1997).".

4. Consequential amendments

The Long-term Prison Sentences Review Ordinance (86 of 1997) is amended as set out in the Schedule.

SCHEDULE [s. 4]

Consequential Amendments

Long-term Prison Sentences Review Ordinance

1. Interpretation

Section 4(1) of the Long-term Prison Sentences Review Ordinance (86 of 1997) is amended--

(a) in the definition of "discretionary life sentence", by repealing everything after and including "means" and substituting--

"means--

(a) a sentence of imprisonment for life where the maximum sentence that could be imposed for the relevant offence was life imprisonment; and

(b) a sentence of imprisonment for life under section 2 of the Offences against the Person Ordinance (Cap. 212) in respect of a person convicted of murder who was under 18 years of age at the time of the offence;";

(b) in the definition of "minimum term", by repealing "or 67C" and substituting ", 67C or 67D".

2. Duty of Commissioner to refer cases of prisoners to Board for review

Section 11 is amended--

(a) in subsection (2), by repealing "The" and substituting "Subject to subsection (3A), the";

(b) by adding--

"(3A) If a prisoner is serving a mandatory life sentence in respect of the conviction of murder committed when he was under 18 years of age, the sentence is to be referred for review as soon as practicable after the relevant date and as soon as practicable after each subsequent second anniversary of that date.";

3. Pre-requisites for review of certain sentences

Section 13(1)(a) is amended by adding ", mandatory life sentence in respect of the conviction of murder committed when the prisoner was under 18 years of age" after "discretionary life sentence".

4. Board may make recommendations relating to prisoners and orders for their release

Section 15(3) is amended by repealing "or 67C" and substituting ", 67C or 67D".

Explanatory Memorandum

The principal purpose of this Bill is to amend the Criminal Procedure Ordinance (Cap. 221) by adding a new section 67D to require a minimum sentence to be given to prisoners who are presently serving mandatory life sentences in respect of the conviction of murder committed at the time when they were under 18 years of age (clause 3). The Bill also makes consequential amendments to the Long-term Prison Sentences Review Ordinance (86 of 1997) (clause 4 and the Schedule).