DETENTION CENTRES ORDINANCE

DETENTION CENTRES ORDINANCE

LAWS OF HONG KONG

DETENTION CENTRES ORDINANCE

CHAPTER 239





CHAPTER 239

DETENTION CENTRES ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page
1. Short title ..........................2
2. Interpretation ................................................................................................................
............2
3. Detention centres .................... 2
4. Detention order ...................... 2
5. Supervision order .................... 3
6. Recall order ......................... 4
7. Sentence of detention in training centre and imprisonment for detained person 4
8. Arrest etc. of persons unlawfully at large 4
8A. Transfers from detention centre to prison or training centre 5
9. Visitors .............................5
10. Application of Prisons Ordinance ....5
11. Regulations .........................6
12. Power of Governor to give directions 1 6





CHAPTER 239

DETENTION CENTRES

To provide for the detention of young offenders and for matters incidental

thereto or connected therewith.

[16 June 1972] L.N. 121172

Originally 12of 1972-84of 1976,49of1978, L.N. 30182,140f1988

Short title

1. This Ordinance may be cited as the Detention Centres Ordinance.

Interpretation

2. In this-Ordinance, unless the context otherwise requires-

'Commissioner' means the Commissioner of Correctional Services;

(Amended, L.N. 30182)

'detainee' means a person against whom a detention order or recall order is in

force; (Amended, 84 of 1976, s. 2)

'detention' means detention in a detention centre;

'detention centre' means a place or building appointed under section 3;

(Amended, 84 of 1976, s. 2)

'detention order' means an order of detention made under section 4(1)

,,recall order' means an order made under section 6(1) requiring a person to

return to a detention centre;

'relevant offence' means an offence punishable by imprisonment otherwise

than for non-payment of a fine, but not an offence the sentence for which is
fixed by law;

'supervision order' means an order for supervision made under section 5(1);

'training centre' means an institution established as a training centre under

section 3 of the Training Centres Ordinance (Cap. 280);

'young offender' means an offender of or over 14 and under 25 years of

age. (Replaced, 84 of 1976, s. 2)

Detention centres

3, The Secretary for Security may, by order published in the Gazette, appoint a
place or building to be a detention centre, in which young offenders

may be detained in custody.

(Amended, 84 of 1976, s. 3)

Detention order







4. (1) Where a person who is apparently a young offender is found guilty of a
relevant offence the court may, if it is of the opinion that in the





circumstances of the case and having regard to his character and previous conduct
it is in his interest and the public interest that he should undergo a period of
detention in a detention centre, in lieu of imposing any other sentence, make a
detention order against him.

(IA) In making a detention order against a person the court shall state in such
order whether such person is apparently under 21 years of age or apparently of or
over 21 years of age. (Added, 84 of 1976, s. 4)

(2) A person against whom a detention order is in force shall be detained in a
detention centre for such period from the date of the order as the Commissioner,
having regard to the health and conduct of such person, may determine, being a
period which

(a)in the case of a person stated in the detention order to be apparently of or
over 21 years of age, is not less that 3 months and not more than 12
months;

(b)in the case of a person stated in the detention order to be apparently
under that age, is not less than 1 month and not more than 6 months,

and shall then be released. (Replaced, 84 of 1976, s. 4)

(3) A detention order shall not be made against a person who has previously
served a sentence of imprisonment or of detention in a training centre. (Amended,
84 of 1976, s. 4)

(4) A court shall not make a detention order against a young offender unless
the Commissioner has not earlier than 1 month before the date of the order informed
the court that in his opinion the young offender is suitable for detention and that a
place is available for him in a detention centre. (Amended, 84 of 1976, s. 4)

(5 ) A court may, after conviction of a young offender, remand him in the
custody of the Commissioner for such period, not exceeding 3 weeks, as the court
thinks necessary to enable the Commissioner to form an opinion as to whether or
not the young offender is suitable for detention.

Supervision order

5. (1) The Commissioner may make a supervision order-

(a) against a person on who is released under section 4(2);

(b)against a person who is released under* section 6(3) before the expiration
of 12 months from the date when he was last released under section 4(2).
(Replaced, 84 of 1976, s. 5)

(2) A supervision order shall contain conditions that-

(a)for the period stated therein, which in the case of a person released under
section 4(2) shall not exceed 12 months from the date of his release and in
the-case of a person released under section 6(3) shall not exceed 12
months from the date when he was last released under section 4(2), the
person released shall be subject to supervision by such organization or
person as may be specified therein; (Replaced, 84 of 1976,s.5)





(b)the person released shall, while under such supervision, comply with
such requirements, including requirements as to residence, as may be
specified therein.

(3) The Commissioner may at any time vary or cancel a supervision order.

(4) A person who fails to comply with a condition of a supervision order which
has been made against him shall be guilty of an offence and liable on conviction to
a fine of $5,000 and to imprisonment for 12 months.

Recall order

6. (1) The Commissioner may, if he is satisfied that a person against whom a
supervision order is in force has failed to comply with any requirement of the order,
make a recall order against such person requiring him to return to a detention
centre, and thereupon such person may be arrested and taken to a detention centre.

(2) A person taken to a detention centre under subsection (1) may be detained

(a)in the case of a person stated in the detention order to be apparently of or
over 21 years of age, until the expiration of 12 months from the date of the
detention order, or 3 months from the date of his being arrested under the
recall order, whichever is the later;

(b)in the case of a person stated in the detention order to be apparently under
that age, until the expiration of 6 months from the date of the detention
order, or 3 months from the date of his being arrested under the recall
order, whichever is the later. (Replaced, 49 of 1978, s. 2)

(3) The Commissioner may at any time release a person in respect of whom a
recall order is in force. (Amended, 84 of 1976, s. 6)

Sentence of detention in training centre and imprisonment
for detained person

7. (1) If a person in respect of whom a detention order, a supervision order or a
recall order is in force is sentenced

(a) to detention in a training centre; or

(b) to a term of imprisonment which is not suspended,

the detention order supervision order or recall order shall lapse.

(2) A detention order, a supervision order or a recall order made against any
person on whom a suspended sentence has been passed (whether made before or
after the suspended sentence was passed) shall lapse if that suspended sentence is
ordered to take effect.

(Replaced, 84 of 1976, s. 7)

Arrest etc. of persons unlawfully at large

8. (1) A police officer may, if he reasonably suspects that a detention order or a
recall order is in force against a person and that such person is unlawfully at large,
arrest such person and take him to a detention centre.





(IA) An officer of the Correctional Services Department specified in a
supervision order made in respect of a person against whom a recall order has been
made or such other officer of that Department as the Commissioner may substitute
for the officer so specified by a variation of that supervision order may, if he
reasonably suspects that that recall order is in force against that person and that
such person is unlawfully at large, arrest such person and take him to a detention
centre. (Added, 14 of 1988, s. 2)

(2) Any period during which a person against whom a detention order or a
recall order is in force is unlawfully at large shall be disregarded in calculating the
period for which he may be detained under the detention order or recall order,
unless the Governor otherwise directs in a particular case.

Transfers from detention centre to prison or training centre

8A. If a detainee is reported to the Governor by the Commissioner to be-

(a)physically or mentally incapable of full participation in the programme of a
detention centre;

(b)exercising a bad influence on the other inmates of the detention centre; or

(e) incorrigible,

the Governor may direct-
(i) that such detainee be detained in a training centre; or

(ii) that he be detain ed in prison for such term as the Governor may, after
consultation where practicable with the judge or magistrate who made
the detention order, determine, not exceeding the maximum term of
imprisonment to which he was liable for the offence of which he was
convicted;

and for the purposes of this Ordinance and for the purposes of the Training Centres
Ordinance (Cap. 280) or the Prisons Ordinance (Cap. 234), according to whether
such detainee is directed to be detained in a training centre or in prison, he shall be
deemed to be a person who, on the day on which the detention order was made
against him, had instead been sentenced to detention in a training centre or, as the
case may be, to imprisonment for the term so determined by the Governor.

(Added, 84 of 1976, s. 8)

Visitors

9. (1) The Governor may appoint visitors for the purpose of visiting detention
centres.

(2) A detention centre shall be visited by 2 visitors together at least once a
month.

(3) Visitors shall exercise and perform the powers and duties conferred on
visiting justices and visiting committees under the Prisons Ordinance.

Application of Prisons Ordinance

10. Subject to any regulations made under section 11 of this Ordinance,
sections 9 to 12 inclusive, 17 to 21 inclusive and 14 of the Prisons Ordinance,





and the Prison Rules (Cap. 234, sub. leg.), shall apply to a detention centre and to
the staff thereof and to detainees in like manner as if the detainees were prisoners
and a detention centre were a prison, and such provisions shall be read with such
verbal alterations and modifications not affecting their substance as are necessary
to render the same applicable:

Provided that in the event of conflict between this Ordinance and the Prisons
Ordinance, this Ordinance shall prevail.

Regulations

11. The Governor in Council may make regulations for all or any of the
following matters

(a) the regulation and management of detention centres;

(b)the treatment, employment, discipline, control and welfare of persons
detained in detention centres;

(c) forms required for the purposes of this Ordinance; and

(d) generally for the better carrying out of the purposes of this Ordinance.

Power of Governor to give directions

12. (1) The Governor may give to the Commissioner such directions as he
thinks fit with respect to the exercise or performance of his powers, functions or
duties under this Ordinance, either generally or in a particular case.

(2) The Commissioner shall, in the exercise or performance of his powers,
functions and duties under this Ordinance, comply with any directions given by the
Governor under subsection (1).

https://oelawhk.lib.hku.hk/items/show/2946

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