DRUG ADDICTION TREATMENT CENTRES REGULATIONS

DRUG ADDICTION TREATMENT CENTRES REGULATIONS

DRUG ADDICTION TREATMENT CENTRES
REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation
Page
1 Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 2

Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 2

3. Administration of addiction treatment centres ... ... ... ... ... ... ... ... A

4. Reception of inmates ... ... ... ... ... ... ... ... ... ... ... ... ... A

5. Personal record of inmates ... ... ... ... ... ... .. ... ... ... ... ... A 2

6. Establishment of boards to make recommendation to the Commissioner ... ... A

7. Functions of a Board ... ... ... ... ... ... ... ... ... ... ... ... ... A

8. Inmates exercising had influence ... ... ... ... ... ... ... ... ... ... ... A 3

9. Supervision order . ... ... ... ... ... . ... ... ... ... ... ... ... ... A 3

10. Diet ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 3

11. Religious services ices and instruction ... ... ... ... ... ... ... ... ... A 4

12. Educational classes. ... ... ... ... ... ... ... ... ... ... ... ... ... A 4

13. Leave of absence ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 4

14. Disciplinary offences ... ... ... ... ... ... ... ... ... ... ... ... ... A 4

15. Punishment which may be imposed by the Superintendent ... ... ... ... ... A 4

16. Forms ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 5

Schedule. Forms ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 5





DRUG ADDICTION TREATMENT CENTRES
REGULATIONS

(Cap. 244, section 10)

[17 January 1969.]

1. These regulations may be cited as the Drug Addiction Treatment
Centres Regulations.

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

--'Board' means the Board of Review for an addiction treatment centre
established under regulation 6;

'Deputy Commissioner' means the Deputy Commissioner of Correctional
Services;

'inmate' means a person detained or ordered to be detained under the
Ordinance;

'Senior Superintendent' means a Senior Superintendent of Correctional
Services;

'Superintendent' means the superintendent of an addiction treatment centre
appointed in accordance with the provisions of regulation 3(2)(a).

3. (1) The Commissioner shall have the general charge and supervision of
all addiction treatment centres.

(2) The Commissioner shall appoint---

(a) an officer of the Correctional Services Department as
Superintendent of an addiction treatment centre; and

(b)such other officers of, and persons employed in, the Correctional
Services Department for service in addiction treatment centres as he
may think necessary.

4. The Superintendent of the addiction treatment centre to which an
inmate is directed by the Commissioner shall make or cause to be made all
necessary arrangements for the reception in the addiction treatment centre of the
inmate named in the order.

5. Every inmate shall, as soon as possible after his admission to an
addiction treatment centre, be interviewed by the Superintendent who shall
cause such personal particulars of the inmate as the Superintendent considers
desirable to be recorded.

6. (1 There shall be established in respect of each addiction treatment
centre a Board of Review consisting of the following persons

(a)the Deputy Commissioner or a Senior Superintendent who shall be
the Chairman,





(b) the Superintendent:

(c)not less than 3 other officers of the Correctional Services
Department or public officers, as the Commissioner may from time
to time appoint.

(2) Meetings of a Board shall be held at such times and places as the
Chairman may appoint but at least once in every month.

(3) At any meeting of a Board 3 members shall form a quorum.

(4) Subject to the provisions of these regulations, a Board may regulate
its procedure in such manner as it thinks fit.

7. 1 The functions of a Board shall be---

(a)to review the progress of each inmate since his admission and to
make recommendations to the Commissioner relations to his
release;

(b)to make recommendations to the Commissioner concerning the
desirability of transfer to prison of any inmate who is alleged to
exercise a bad influence on inmates in the addiction treatment centre.

(2) A Board, for the purpose of carrying out its functions, shall interview
an inmate--
(a) during the second month after the date of his admission:

(b)at least otice in every 2 months during the 4 months following the
first interview; and

(c) thereafter at least once in each month.

8. (1) If, in the opinion of the Superintendent, an inmate is exercising a
bad influence on other inmates in the addiction treatment centre, the
Superintendent shall cause the inmate to be brought before the Board.

(2) The Board shall examine the record of the inmate and, after giving him
an opportunity of being heard and of calling evidence, may recommend to the
Commissioner that an application be made under section 8(1) of the Ordinance
for the transfer of the inmate to prison.

9. A supervision order shall be read and explained to an inmate by, or in
the presence of, the Superintendent prior to the release of the inmate from an
addiction treatment centre.

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





11. The Superintendent may, if satisfied that an inmate belongs to
a religious denomination, if the inmate so desires and it is reasonably
practicable so to do, make arrangements for the inmate to attend
appropriate religious services or instruction.

12. The Superintendent may require an inmate to attend any
course, class or lecture which the Superintendent considers would be
beneficial to the inmate.

13. (1) The Commissioner may grant to an inmate leave of absence
for a period not exceeding 72 hours at any one time.

(2) An inmate granted leave of absence shall be given a pass in
writing under the hand of the Commissioner setting out the period
during which the inmate is permitted to be absent from the addiction
treatment centre and the address at which the inmate is required to
reside during his leave.

(3) An inmate who, without lawful excuse---

(a)fails to return to the addiction treatment 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.

14. An inmate who commits any of the offences enumerated in rule
61 of the Prison Rules as applied by section 9 of the Ordinance shall be
guilty of a disciplinary offence.

15. (1) An inmate who commits a disciplinary offence under
regulation 13 or 14 shall be liable, by order of the Superintendent,

regulation

to any one or more of the following punishments-

(a) [Deleted, L.N. 166,183]

(b) separate confinement for a period not exceeding 28 days;

(c) forfeiture of privileges for a period not exceeding 3 months;

(d) deprivation of earnings or part thereof.

(e)deduction from earnings of the cost of any Government
property lost, or wilfully damaged or destroyed by the inmate.

(2) An inmate may appeal to the Commissioner against any order
made by the Superintendent under paragraph (1), within 48 hours after
the making of the order, by giving notice in writing to the
Superintendent, and the Superintendent shall forthwith notify the
Commissioner accordingly and shall 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 Superintendent was competent to make under
paragraph (1).

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

SCHEDULE

FORM 1 [s. 4(3).]

DRUG ADDICTION TREATMENT CENTRES
ORDINANCE

(Chapter 244)

WARRANT OF REMAND IN CUSTODY PENDING RECEIPT OF
REPORT AS TO SUITABILITY FOR DETENTION IN AN
ADDICTION TREATMENT CENTRE

Supreme
District

In the Magistrate's Court holden at

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 defendant) was on the day of

19 found guilty of an offence punishable with imprisonment otherwise than for

non-payment of a fine.

The further hearing of the case being adjourned pending receipt from the
Commissioner of a report as to the suitability of the defendant for cure and
rehabilitation in an addiction treatment centre and on the availability of places
therein.

YOU, the said police officers are therefore commanded to convey the
defendant and deliver him to the Commissioner together with this warrant; and
you the said Commissioner to receive the said defendant into your custody and
keep him unitl

the ..day of .......19

and on that day you, the said police officers are required to convey him

Supreme
before the District Court sitting at

Magistrate's

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

with according to law. unless otherwise ordered in the meantime.

Date this .........day of 19

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







Judge/District Judge/Magistrate.

Delete whichever is
inapplicable.





FORM 2 [s. 4.]

DRUG ADDICTION TREATMENT CENTRES ORDINANCE
(Chapter 244)

DETENTION ORDER

Supreme

In the District Court holden 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 defendant) was on the day of

19 duly found guilty of an offence punishable with imprisonment, for that

he on the ................ ..day of 19 in the Colony did

(1) .................................................................................. Contrary to (2)

and it has been ordered that he be detained in an addiction treatment centre.

These are therefore to command you the said police officers to take the
defendant and deliver him to the Comissioner together with this order; and you the
said Commissioner to receive the defendant and keep him in your custody in
accordance with the provisions of the said Ordinance, and for your so doing this
shall he your sufficient 'arrant.

Date this . ........day, of 19

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

*Judge District Judge Magistrate.

State the substance of the offence.
Specify the Ordinance and the relevant section.


Delete inapplicable

FORM 3 [s. 5.]

DRUG ADDICTION TREATMENT CENTRES ORDINANCE
(Chapter 244)

SUPERVISION ORDER

TO
..................................................................................................
.................
1 HEREBY ORDER that upon your release from
.....................................................

Addiction Treatment Centre, you shall be subject to supervision by,

(2) ..............until (3) the day of

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







requirements:

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

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





If you do not comply with the above requirements you are liable to be further detained in an
addiction treatment centre.

Date this .............day of 19

...........

Commissioner of Correctional Services

Note: (1) Name of person detained in addiction treatment centre.
(2) Name of supervising organization or person.
(3) One year from date of release from addiction treatment centre.

FORM 4 [s. 6.]

DRUG ADDICTION TREATMENT CENTRES ORDINANCE
(Chapter 244)

RECALL ORDER

TO (1)
..................................................................................................
.......................
(2)
..................................................................................................
.......................

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

a person in respect of whom a supervision order is in force 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 the ..................Addiction Treatment Centre.

Date this .......day of 19

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

Commissioner of Correctional Services

1 Insert name of person under supervision

2 Insert name of supervising organization or person.

FORM 5

DRUG ADDICTION TREATMENT CENTRES ORDINANCE
(Chapter 244)
ORDER OF TRANSFER TO A PRISON
Being satisfied on application by the Commissioner of Correctional Services

that . ...... .. .. ... a person detained in







an addiction treatment centre, is exercising a bad influence on other persons detained therein:

It is this day ordered that
...............................................................................

be transferred to and detained in a prison for a period of
......................

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

Date this ...day of 19

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

Governor.





FORM 6 [s. SA.]

DRUG ADDICTION TREATMENT CENTRES ORDINANCE

(Chapter 244)

ORDER OF TRANSFER FROM A PRISON TO AN
ADDICTION TREATMENT CENTRE

Being satisfied on application by the Commissioner of Correctional Services

that .. ....... ... ........ a person serving

a sentence of imprisonment at
....................................................................................

Prison, is addicted to a 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:

It is this day ordered that
........................................................................

be transferred to and detained in the
..........................................................................
Addiction Treatment Centre for a period of
...............................................................

Date this .....day of 19

Governor
L.N. 4/69. L.N. 137/71. L.N. 24/74. L.N. 171/77. L.N. 166/83. Citation. Interpretation. L.N. 137/71. Administration of addiction treatment centres. Reception of inmates. Personal record of inmates. Establishment of boards to make recommendations to the Commissioner. L.N. 137/71. Functions of Board. L.N. 24/74. L.N. 171/77. Inmates exercising bad influence. L.N. 24/74. Supervision order. Diet. Religious services and instruction. Educational classes. Leave of absence. Disciplinary offences. (Cap 234. Sub. Leg.) Punishment which may be imposed by the Superintendent. Forms Schedule. L.N. 24/74. L.N. 24/74. L.N. 24/74.

L.N. 4/69. L.N. 137/71. L.N. 24/74. L.N. 171/77. L.N. 166/83. Citation. Interpretation. L.N. 137/71. Administration of addiction treatment centres. Reception of inmates. Personal record of inmates. Establishment of boards to make recommendations to the Commissioner. L.N. 137/71. Functions of Board. L.N. 24/74. L.N. 171/77. Inmates exercising bad influence. L.N. 24/74. Supervision order. Diet. Religious services and instruction. Educational classes. Leave of absence. Disciplinary offences. (Cap 234. Sub. Leg.) Punishment which may be imposed by the Superintendent. Forms Schedule. L.N. 24/74. L.N. 24/74. L.N. 24/74.

https://oelawhk.lib.hku.hk/items/show/2967

1964

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