DETENTION CENTRES REGULATIONS

DETENTION CENTRES REGULATIONS

DETENTION CENTRES REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation................................... Page

1. Citation .............................. ... ... ... ... ... ... ... A 2
2. Interpretation ........................ ... ... ... ... ... ... ... ... A 2

3. Administration of detention centres ...... ... ... ... ... ... ... ... A 2

4. Reception of detainees ................... ... ... ... ... ... ... ... A 2
5. Medical examination ...................... ... ... ... ... ... ... A 2

6. Personal record of detainees ............. ... ... ... ... ... A 2

7. Grades ................................ ... ... ... ... ... ... ... A 2
8. Recreation ............................... ... ... ... ... ... ... A 2

9. Work ............................ ... ... ... ... ... ... ... ... ... A 3
10. Diet ............................ ... ... ... ... ... ... ... ... ... A 3

11. Religious services and instruction .... ... ... ... ... ... ... ... ... A 3

12. Board to make recommendations for detainee's discharge ... ... ... ... A3

13. Supervision order ........................ ... ... ... ... ... ... ... A 3
14. Leave of absence ...................... ... ... .... ... ... ... ... A 3
is. Disciplinary offences ................. ... ... ... ... ... ... ... ... A 3

16. Punishment which may be imposed by the Officer-in-charge ... ... ... A 4

17. Forms ............... ................. ... ... ... ... ... ... ... A 4
Schedule...Forms ............................ ... ... ... ... ... ... ... ... ... A 4





DETENTION CENTRES REGULATIONS

(Cap. 239, section 11)

[16 June 1972.1

1. These regulations may be cited as the Detention Centres
Regulations.

2. In these regulations, unless the context otherwise requires-

'Officer-in-charge' means an officer appointed under regulation 3(2)(b)
to be in charge of a detention centre;

'Superintendent' means the officer appointed under regulation 3(2)(a)
to assist the Commissioner in the administration of detention
centres.

3. (1) The Commissioner shall have the general charge and control
of all detention centres.

(2) The Commissioner shall appoint-

(a)an officer of the Correctional Services Department to assist
him in the administration of detention centres, who shall be
known as the Superintendent of detention' centres;

(b)an officer of the Correctional Services Department to be
Officer-in-charge of each detention centre; and

(c)such officers of the Correctional Services Department and
other persons as he may consider necessary for service in
detention centres.

4. The Officer-in-charge of a detention centre to which a detainee
is directed by the Commissioner shall make arrangements for the
reception in the detention centre of the detainee.

5. A detainee shall, on the day of his admission or readmission to a
detention centre or as soon as possible thereafter, be examined by a
medical officer.

6. A detainee shall, as soon as possible after his admission or re-
admission, be interviewed by the Officer-in-charge, who shall enter in
the detainee's record such particulars or further particulars of the
detainee as he considers desirable.

7. (1) Detainees shall be divided into such grades as the
Commissioner may approve.

(2) The privileges of each grade shall be specified by the
Commissioner.

8. At least one hour a day shall be devoted to physical training or
to organized games, and such period shall be deemed to be work for the
purposes of regulation 9.





9. (1) Every detainee, unless excused by a medical officer on
medical grounds, shall undertake such work ot instruction, for not more
than 10 hours a day, as may be required by the Officer-in-charge.

(2) Such work shall, as far as possible, involve physical effort.

(3) A detainee shall not receive any payment for work done.

10. A detainee shall be supplied with food in accordance with such
scales of diet as the Governor may from time to time approve.

11. The Officer-in-charge may, if satisfied that a detainee belongs
to a religious denomination, if the detainee so desires and it is
reasonably practicable so to do, make arrangements for the detainee to
attend appropriate religious services or instruction.

12. (1) The Commissioner shall appoint for each detention centre a
Board consisting of the Superintendent, the Officer-in-charge and such
other officers as he may select, to watch the behaviour of each detainee
and to make recommendations for his discharge.

(2) The Board shall cause a detainee to be brought before it at
monthly intervals during his detention.

13. A supervision order shall be read and explained to a detainee
by, or in the presence of, the Officer-in-charge before the release of the
detainee from the detention centre.

14. (1) The Commissioner may grant to a detainee permission to be
absent from a detention centre for a period not exceeding 24 ,hours at
any one time.

(2) A detainee permitted to be absent under paragraph (1) shall be
given a pass signed by the Commissioner stating the period during
which the detainee is permitted to be absent from the detention centre
and the address at which the detainee is required to reside during his
absence.

(3) A detainee who, without lawful excuse-

(a)fails to return to the detention centre at or before the
expiration of the period for which he has been granted leave;
or

(b)fails to reside at the address specified in the pass issued
under paragraph (2),

shall be guilty of a disciplinary offence.

15. A detainee who commits any of the offences enumerated in rule
61 of the Prison Rules as applied by section 10 of the Ordinance shall be
guilty of a disciplinary offence.





16. (1) A detainee who commits a disciplinary offence under
regulation 14 or 15 shall be liable, by order of the Officer-in-charge, to
any one or more of the following punishments

(a) except in the case of a detainee who was stated in the
detention order made against him to be apparently of or
over 21 years of age, caning which shall not exceed 12
strokes with a light cane of such pattern as may be
approved by the Governor;

(b) [Deleted, L.N. 165183.]

(c) solitary confinement for a period not exceeding 14 days;

(d) forfeiture of privileges for a period not exceeding 1 month;

(e) reduction of grade;

(f) a caution.

(2) A detainee may appeal to the Commissioner against an order
made by the Officer-in-charge under paragraph (1), within 48 hours after
the making of the order, by giving notice in writing to the Officer-in-
charge, who shall forthwith notify the Commissioner and stay execution
of the order pending the determination of the appeal.

(3) The Commissioner may confirm, vary or reverse the order
against which the appeal is, made or may substitute therefor any other
order which the Officer-in-charge was competent to make under
paragraph (1).

(4) [Deleted, L.N. 165193.]

(5) Rule 65 of the Prison Rules shall apply in respect of every
caning ordered under paragraph (1)(a) of this regulation and, in so
applying, the reference in that rule to corporal punishment shall be
constructed as a reference to caning ordered under paragraph (1)(a).

(6) Rule 63 of the Prisons Rules shall not apply to or in respect of
detainee.

17. The forms set out in the Schedule shall be used for the
purposes specified therein.

SCHEDULE

FORM 1 [s. 4(1).]

DETENTION CENTRES ORDINANCE

(Chapter 239)
DETENTION ORDER
High
In the District Court held at
Magistrate's


To each and all of the police officers of the Colony and to the Commissioner of
Correctional Services (hereinafter called the Commissioner).











..........................
..........................

(hereinafter called the detainee), being apparently of or over 14 and under 21 years
of age/being apparently of or over 21 years of age and under 25 years of age*,

was on the ...........day of 19 duly found guilty of a

relevant offence, for that he on the day of 19

in the Colony did (1) ................contrary
to (2) ...............................and a detention order has been made

against him under section 4(1) of the Detention Centres Ordinance.

This order therefore commands you the said police officers to take the
detainee and deliver him to the Commissioner together with this order; and you
the Commissioner to receive the detainee and keep him in your custody in
accordance with the provisions of the Ordinance, and this shall be your authority
to do so.

Dated this ...............day of 19

.... *Judge/District 1, Judge/ Magistrate
.......

Note: (1) State the substance of the offence.

(2) Specify the Ordinance and the relevant section.

Delete whichever is inapplicable.

FORM 2 [s.

DETENTION CENTRES ORDINANCE

(Chapter 239)

WARRANT OF REMAND IN CUSTODY PENDING RECEIPT OF
REPORT AS TO SUITABILITY FOR DETENTION

High
Distric
t

In the DistrictCourt held at
Magistrate's

To each and all of the police officers of the Colony and to the Commissioner of
Correctional Services (hereinafter called the Commissioner).

............ 1

............. .*** ...***** ....*** *** ******
***** .

(hereinafter called the young offender), being apparently of or over 14 and under 25

years of age, was on the .......day of 19 found
guilty of a relevant offence:

The further hearing of the case being adjourned pending receipt from the
Commissioner of a report as to the suitability of the young offender for detention.

You, the said police officers are therefore commanded to convey the young






offender and deliver him to the Commissioner together with this warrant; and you
the Commissioner to receive the young offender into your custody and keep him
until

the ....day of ........19 .and on that day you, the

said police officers are required to convey him

High
District

before the Magistrate's Court sitting at ...............................................................





at the hour of ...in the ordered noon to be further dealt
with

according to law, unless otherwise in the meantime.

Dated this ............. day of 19


Judge/District Judge/Magistrate.


Delete whichever is inapplicable.

FORM 3 [s. 5(1).]



DETENTION CENTRES ORDINANCE


(Chapter 239)


SUPERVISION ORDER

To (1)
...................................................................................................................



I HEREBY ORDER that upon your release from ...........................................................


Detention Centre, you shall be subject to supervision by (2)



................................. until the day of



19 ...................................and during such period of supervision you shall comply with the following



requirements:


.....................................
.....................................

....................................................................................................................

...........................
.........



Dated this ..............day of .19



........ ..... .

Commissioner of Correctional Services.

Note: (1) Insert name of detainee detained in detention centre.
(2) Insert name of supervising organization or person.




FORM 4 [s. 6(1).]



DETENTION CENTRES
ORDINANCE

(Chapter 239)

RECALL ORDER

To

.......................................................................................................................
..

(2)
.........................................................................................................................

Being satisfied that (1)
..........................................................................................

a person against whom a supervision order was made dated ......................................


and who was released subject to supervision by (2)...................................................

...................... has failed to comply with the requirements of the
supervision


order, I do hereby order the recall of (1) .....................................................................


........... to .............Detention Centre.



Dated this ...............day of 19



Note: (1) Insert name of person under supervision.

(2) Insert name ofsupervising organization or person.


L.N. 71/72. L.N. 170/77. L.N. 30/82. L.N. 165/83. Citation. Interpretation. Administration of detention centres. L.N. 30/82. Reception of detainees. Medical examination. L.N. 170/77. Personal record of detainees. L.N. 170/77. Grades. Recreation. Work. Diet. Religious services and instruction. Board to make recommendations for detainee's discharge. Supervision order. Leave of absence. Disciplinary offences. (Cap. 234, sub. leg.) Punishment which may be imposed by the Officer-in-charge. L.N. 170/77. L.N. 165/83. (Cap. 234, sub. leg.) Forms. L.N. 170/77. L.N. 170/77. L.N. 170/77.

L.N. 71/72. L.N. 170/77. L.N. 30/82. L.N. 165/83. Citation. Interpretation. Administration of detention centres. L.N. 30/82. Reception of detainees. Medical examination. L.N. 170/77. Personal record of detainees. L.N. 170/77. Grades. Recreation. Work. Diet. Religious services and instruction. Board to make recommendations for detainee's discharge. Supervision order. Leave of absence. Disciplinary offences. (Cap. 234, sub. leg.) Punishment which may be imposed by the Officer-in-charge. L.N. 170/77. L.N. 165/83. (Cap. 234, sub. leg.) Forms. L.N. 170/77. L.N. 170/77. L.N. 170/77.

https://oelawhk.lib.hku.hk/items/show/2947

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