(b) 受監管的人已獲給予機會在為此目的而指定的日期到委員會席前 ,並獲聆聽發言或向委員會作出申述。
" (b) the person under supervision has been allowed an opportunity, on a day appointed for the purpose, to appear before the Board and be heard or to make representations to the Board."
(2) 即使有第(1)(a)款的規定,凡委員會合理地認為若披露該款所提 述的材料的任何部分,便相當可能會─
" (2) Notwithstanding subsection (1)(a), where the Board reasonably considers that the disclosure of any part of the material referred to in that paragraph would be likely-"
(a) 危及任何人的健康或安全;
(a) to jeopardise the health or safety of any person;
(b) 危及任何拘留地方的保安;
(b) to jeopardise the security of any detention facility;
(c) 損害對罪行的合法調查的進行,
" (c) to prejudice the conduct of any lawful investigation into an offence,"
委員會無須向有關的受監管的人提供該部分的材料的複本,但如委員 會選擇按照本款不提供有關材料的任何部分的複本,委員會須提供在顧及 (a)至(c)段所述事宜後屬可在合理情況下披露予該人的關於該等材料的資 料,而第(1)(a)款須適用於該等資料的提供,一如其適用於會由委員會考 慮的材料的複本的提供一樣。
" the Board shall not be required to provide the person under supervision with a copy of that part of the material but shall, if it elects not to provide a copy of any part of the material in accordance with this subsection, provide such information concerning that material as may reasonably be disclosed to the person having regard to the matters mentioned in paragraphs (a) to (c); and subsection (1)(a) shall apply to the provision of such information as it applies to the provision of a copy of the relevant material to be considered by the Board."
(3) 第(2)款不得解釋為授權委員會不向受監管的人提供令該受監管的 人能夠了解對其的不利指控的一般性質的足夠材料(或關於該等材料的足 夠資料)。
" (3) Nothing in subsection (2) shall be construed as authorizing the Board not to provide the person under supervision with sufficient material, or sufficient information concerning the material, as will enable him to appreciate the general nature of the case against him."
(4) 根據第(1)(a)款須向某人提供的材料,須以該人所顯示的法定語 文提供,該語文為該人被邀請如此做時顯示為他為該目的而選擇採用者。
" (4) Any material required to be provided to a person under subsection (1)(a) shall be provided to him in such of the official languages as he may, upon being invited so to do, indicate to be his preferred language for those purposes."
(5) 凡顯示有有良好因由說明第(1)(a)款所適用的材料的任何部分何 以不能在較早時間提供,即使該等材料的部分是在為第(1)(b)款的施行而 指定的日期前少於7日提供予有關的人的,委員會仍可根據第13條作出命 令。
" (5) The Board may, where good cause is shown as to why any part of the material to which subsection (1)(a) applies could not have been provided earlier, make an order under section 13 notwithstanding that such part of the material was provided to the person less than 7 days before the day appointed for the purposes of subsection (1)(b)."
(1) 在根據第13條進行的聆訊中,如受監管的人有出席聆訊,在符合 第(2)款的規定下,委員會須准許該人由他所挑選的人協助,而被如此挑 選的人有權─
" (1) At any hearing under section 13 at which the person under supervision is present the Board shall, subject to subsection (2), permit him to be assisted by a person of his choice, and a person so chosen is entitled-"
(a) 在受監管的人出席聆訊的所有時間出席聆訊;
(a) to be present at the hearing at all times when the person under supervision is present;
(b) 在聆訊的整個過程中向受監管的人提供意見;及
(b) to advise the person under supervision throughout the hearing; and
(c) 代表受監管的人向委員會陳詞。
(c) to address the Board on behalf of the person under supervision.
(2) 以下人士沒有資格為第(1)款的施行而協助受監管人士─
(2) The following persons are not eligible to assist a person under supervision for the purposes of subsection (1)-
(a) 正在或曾於任何時間受根據《精神健康條例》(第136章)發出的拘 留令所規限的人;
(a) any person who is or has at any time been subject to an order for detention under the Mental Health Ordinance (Cap 136);
(1) 主席或副主席如覺得委員會有理由可根據第13條就任何人作出命 令,他可命令將該人暫時召回獄中及予以拘留,以待委員會根據該條作出 命令。
" (1) Where it appears to the Chairman or Deputy Chairman that there are grounds upon which an order under section 13 could be made by the Board in respect of any person, the Chairman or Deputy Chairman may order the temporary recall of that person to prison and his detention pending the making of an order by the Board under that section."
(2) 凡有任何人根據本條被拘留後,委員會須在切實可行的範圍內盡 快召開會議,以便考慮應否根據第13條作出命令。
" (2) Following the detention of any person under this section, the Board shall convene as soon as is practicable for the purpose of considering the making of an order under section 13."
(3) 本條的條文並不容許將任何人拘留超逾14日,自該人最初根據本 條被拘留當日起計(包括當日)。
(3) Nothing in this section shall authorize the detention of any person beyond the expiration of 14 days beginning on the date of his initial detention under this section.
署長如─
The Commissioner may-
(a) 相信有理由可根據第13條就任何人作出命令;及
(a) if he believes that there are grounds upon which an order under section 13 could be made in respect of any person; and
(b) 認為為公眾利益想,將該人羈押是不容延誤的,
" (b) where he considers it to be in the public interest that the person be detained in custody without delay,"
即可將該人召回獄中,羈押一段不超逾72小時的期間,以待決定是否 根據第16條發出暫時召回令。
recall that person to prison and detain him in his custody for a period not exceeding 72 hours pending a decision as to the issue of a temporary recall order under section 16.
(a) 被判處監禁(但不包括緩刑),而監禁刑期長於監管令有效期所餘 下的部分;
(a) is sentenced to a term of imprisonment (other than a sentence which is suspended) which is longer than the unexpired portion of his supervision order;
(c) 受制於根據《罪犯感化條例》(第298章)第3條所作出的感化令,
" (c) is subject to a probation order made under section 3 of the Probation of Offenders Ordinance (Cap 298),"