DRUG ADDICTION TREATMENT CENTRES ORDINANCE

DRUG ADDICTION TREATMENT CENTRES ORDINANCE

LAWS OF HONG KONG

DRUG ADDICTION TREATMENT CENTRES

ORDINANCE

CHAPTER 244





CHAPTER 244

DRUG ADDICTION TREATMENT CENTRES ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page
1. Short title .............................. 2
2. Interpretation ............................................................................. 2
3. Addiction treatment centres ................................................................................. 2
4. Detention order ...................... 2
5. Supervision order .................... 3
6. Recall order .........................3
6A. Effect of imprisonment or further detention order 4
6B. Lapse of supervision order ..........4
7. Arrest, etc. of persons unlawfully at large 4
8. Transfer to prison ...................5
8A. Transfer of persons serving a prison sentence to an addiction treatment
centre ..................................5
9. Application of Prisons Ordinance .....6
10. Regulations .........................6
11. Power of Governor to give directions ... 6





CHAPTER 244

DRUG ADDICTION TREATMENT CENTRES.

To provide for the cure and rehabilitation of persons found guilty of criminal

offences who are suffering from addiction to a dangerous drug.

[17 January 1969] L.N. 3/69

Originally 42 of 1968 5 of 1974, 41 of 1977, L.N. 30/82, 32 of 1983, L.N. 65/86, 24 of 1986,
44 of 1987, 14 of 1988

Short title

1. This Ordinance may be cited as the Drug Addiction Treatment Centres
Ordinance.

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

addiction treatment centre' means any place or building appointed by the
Secretary for Security under section 3; (Amended, 41 of 1977 s. 2)

'Commissioner' means the Commissioner of Correctional Services; (Amended,
L.N. 30/82)

'dangerous drug' has the meaning that it has for the purposes of the Dangerous

Drugs Ordinance (Cap. 134);
'detention order' means any order of detention made under section 4(1);

recall order' means an order made under section 6(1); (Replaced, 5 of
1974,s.2)

relevant offence' means an offence punishable with imprisonment otherwise

than for non-payment of a fine;
'supervision order' means an order for supervision made under section 5(1).

Addiction treatment centres

3. The Secretary for Security may by order appoint any place or building to be
an addiction treatment centre for the cure and rehabilitation of persons found guilty
of a relevant offence who are addicted to any dangerous drug.

(Amended. 41 of 1977, s. 3)

Detention order

4. (1) Where a person is found guilty of a relevant offence and the court is
satisfied 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 cure and rehabilitation in an addiction treatment centre, the
court may, in lieu of imposing any other sentence, order that such person be
detained in an addiction treatment centre.





(2) A person in respect of whom a detention order is made shall be detained in
an addiction treatment centre for such period, not less than 2 months and not more
than 12 months from the date of such order, as the Commissioner may determine,
having regard to the health and progress made by such person and the likelihood of
his remaining free from addiction to any dangerous drug on his release, and shall
then be released. (Amended, 41 of 1977, s. 4 and 24 of 1986, s. 2)

(3) Before a detention order is made in respect of any person, the court shall
consider a report of the Commissioner on the suitability of such person for cure and
rehabilitation and on the availability of places at addiction treatment centres, and if
the court has not received such a report it shall, after such person has been found
guilty, remand him in the custody of the Commissioner for such period, not
exceeding 3 weeks, as the court thinks necessary to enable such a report to be
made.

(4) When a court makes a detention order, no conviction shall be recorded
against the person in respect of whom the order is made unless, in the opinion of
the court, the circumstances of the offence so warrant and the court orders
accordingly. (Replaced, 5 of 1974, s. 3. Amended, L.N. 65/86)

(5) The Commissioner shall, in his report under subsection (3), inform the court
whether or not a detention order has previously been made in respect of the person
to whom the report relates.

Supervision order

5. (1) The Commissioner may order that a person released from an addiction
treatment centre shall, for a period of 12 months from the date of his release, be
subject to supervision by such organization or person as he may specify and shall
while under such supervision comply with such requirements, including
requirements as to medical examination and as to residence, as he may specify.
(Amended, 44 of 1987, s. 4)

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

(3) A person who fails to comply with any requirement specified in a
supervision order made against him commits an offence and is liable to a fine of
$5,000 and to imprisonment for 12 months. (Added, 32 of 1983, s. 2)

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 an addiction
treatment centre; and thereupon such person may be arrested and taken to an
addiction treatment centre and detained there.

(2) A person detained in an addiction treatment centre under subsection (1)
shall be detained until the expiry of 12 months from the date of the detention order
or 4 months from the date of his being arrested under the recall order, whichever is
the later. (Amended, 41 of 1977, s. 5)

(3) The Commissioner may at any time release a person in respect of

whom a recall order is in force. (Amended, 24 of 1986, s. 3)





(4) Where a person is detained under a recall order the supervision order in
force at the time of that recall order shall cease to have effect during the period of
his detention and if he is released from detention under that recall order within a
period of 12 months from the date on which the supervision order came into force,
shall again have effect until the expiration of that period. (Added, 24 of 1986,s.3)

(5) Subsection (4) shall not apply where the supervision order was made
before the commencement of the Drug Addiction Treatment Centres (Amendment)
Ordinance 1986 (24 of 1986). (Added, 24 of 1986, s. 3)

(Replaced, 5 of 1974, s. 4)

Effect of imprisonment or further detention order

6A. If a person in respect of whom a detention order, a supervision order or a
recall order is in force is sentenced to imprisonment

(a)for a term of 9 months or less (or in the case of a detention order,
supervision order or recall order made before the commencement of the
Drug Addiction Treatment Centres (Amendment) Ordinance 1986, 2 years
or less), the detention order, supervision order or recall order shall be
suspended until the expiration of his term of imprisonment;

(b)for a term of more than 9 months (or in the case of a detention order,
supervision order or recall order made before the commencement of the
Drug Addiction Treatment Centres (Amendment) Ordinance 1986, 2 years)
or a new detention order is made in respect of him, the first-mentioned
detention order, or the supervision order or recall order, as the case may
be, shall cease to have effect.

(Added, 5 of 1974, s. 5. Amended, 24 of 1986, s. 4)

Lapse of supervision order

6B. (1) A supervision order shall lapse if the person against whom it was made
is under any other Ordinance placed under the supervision of a probation officer or
any other person other than the Commissioner.

(2) This section shall not apply in the case of a supervision order made before
the commencement of the Drug Addiction Treatment Centres (Amendment)
Ordinance 1986.

(Added, 24 of 1986, s. 5)

Arrest, etc. of persons unlawfully at large

7. (1) If a police officer reasonably suspects that a person in respect of whom a
detention order or a recall order is in force is unlawfully at large, he may arrest such
person and take him to the place in which he is required to be detained.

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





(2) Any period during which a person in respect of 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 such detention order or recall order,
unless the Governor otherwise directs.

(Amended, 5 of 1974, s. 6)

Transfer to prison

8. (1) If the Governor is satisfied, on application by the Commissioner, that a
person detained in an addiction treatment centre is exercising a bad influence on
other persons detained in the addiction treatment centre, the Governor may order
such person to be transferred to and detained in a prison for a period not exceeding

(a)the balance of the period during which such person might have been
detained in an addiction treatment centre; or

(b)the term of imprisonment to which such person was liable for the offence
of which he was found guilty,

whichever is the less.

(2) A person in respect of whom an order is made under subsection (1) shall,
for the purposes of the Prisons Ordinance (Cap. 234), be deemed to have been
sentenced for the offence of which he was found guilty to a term of imprisonment
for the period for which he is ordered to be transferred to and detained in a prison.

(3) Where an order is made under subsection (1) the Commissioner shall cause
a certified copy thereof to be transmitted to the court that made the detention order
and, notwithstanding that it made no order under section 4(4), the court may order
that a conviction shall be recorded in respect of the ofrence in relation to which the
detention order was made.

(4) Where the court makes an order under subsection (3) that a conviction
shall be recorded it shall cause the Commissioner of Police to be notified
accordingly.

(Replaced, 5 of 1974, s. 7)

Transfer of persons serving a prison sentence to an addiction
treatment centre

8A. (1) If the Governor is satisfied, on application by the Commissioner, that
a person serving a sentence of imprisonment is addicted to any dangerous drug
and having regard to his health, character and previous conduct, it is in his interest
and the public interest that he should undergo a period of cure and rehabilitation in
an addiction treatment centre, the Governor may order such person to be
transferred to and detained in an addiction treatment centre.

(2) An order under subsection (1) shall not be made in respect of any such
person if the balance of the term of imprisonment to which he is liable to serve is
more than 12 months, taking into account the amount of remission of sentence

which may be earned by him.(Amended, 41 of 1977, s. 6)





(3) A person in respect of whom the Governor makes an order under
subsection (1) shall be deemed to have been ordered to be detained in an addiction
treatment centre in accordance with section 4(1) from the date of the making of the
order.

(Added, 5 of 1974, s. 7)

Application of Prisons Ordinance

9. Subject to any regulations made under section 10 of this Ordinance, sections
9 to 12 inclusive, 16 to 22 inclusive and 24 of the Prisons Ordinance (Cap. 234) and
the Prison Rules (Cap. 234, sub. leg.) shall apply to an addiction treatment centre
and to the staff thereof and to persons therein in respect of whom detention orders
or recall orders are in force in like manner as if such persons were prisoners and an
addiction treatment centre were a prison, and such Ordinance and Rules shall be
read with such verbal alterations and modifications not affecting their substance as
are necessary to render the same conveniently applicable: (Amended, 5 of 1974. s. 8)

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

Regulations

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

(a) the regulation and management of addiction treatment centres;

(b)the treatment, employment, discipline, control and welfare of persons
detained in addiction treatment 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

11. (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 any particular case.

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

https://oelawhk.lib.hku.hk/items/show/2966

1964

v16

244

7