DRUG ADDICTS TREATMENT AND REHABILITATION ORDINANCE

DRUG ADDICTS TREATMENT AND REHABILITATION ORDINANCE

LAWS OF HONG KONG

DRUG ADDICTS TREATMENT AND

REHABILITATION ORDINANCE

CHAPTER 326

REVISED EDITION 1989

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 326

DRUG ADDICTS TREATMENT AND REHABILITATION
ORDINANCE

ARRANGEMENT OF SECTIONS

Section
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

......................................Page
Short title ..........................2
Interpretation .......................2
Declaration of centres ...............2
Appointment of superintendents, etc . 3
Appointment and duties of visitors ...3
Delegation
Admission for treatment
Transfer

Absence on trial ...........................................

Detention and recapture ...................................................................................
Enforcement of costs .........................................................................

12.

13. Discharge
14. Addiction Treatment Centre Appeal Board
is. Powers of Board
16. Appeal
17. Supplying drugs, etc. to patients

18.
19.
20.
21.

Offence against a patient ................
Protection of addicts, etc . ...............
Protection of persons carrying out the provisions of this Ordinance .................
Power of Governor in Council to make regulations .........................................

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CHAPTER 326

DRUG ADDICTS TREATMENT AND REHABILITATION

To establish centres for the treatment and rehabilitation of addicts of drugs and of
intoxicants and for purposes connected therewith.

[3February1961] G.N.A.10of1961

Originally 34 of 1960-65 of 1967,35 of 1969,76 of 1970,19 of 1972,28 of 1986, R. Ed. 1986,
L.N. 76 of 1989

1. Short title

This Ordinance may be cited as the Drug Addicts Treatment and

Rehabilitation Ordinance.

2. Interpretation

In this Ordinance, unless the context otherwise requires

'addict' means a person who, by reason of his addiction to drugs or to intoxicants,
is dangerous either to himself or to others or is incapable of managing himself
or his affairs or of ordinary proper conduct or is in serious danger of physical or
mental disorder;

'Board' means the Addiction Treatment Centre Appeal Board appointed in
accordance with the provisions of section 14;

'centre' means any institution declared to be an Addiction Treatment Centre in
accordance with the provisions of section 3;

'patient' means a person who is undergoing treatment in a centre or who has left
the centre but is still legally liable to be detained in such centre;

'prescribed' means prescribed by regulations made in accordance with the
provisions of section 21;

'superintendent' means the superintendent or an assistant superintendent of a
centre appointed in accordance with the provisions of setion 4;

'visitor' means an Addiction Treatment Centre Visitor appointed in accordance with
the provisions of section 5;

'young person' means a person who has not attained the age of 18 years.
(Added19of1972s.2. Antended28of1986s.2)

3. Declaration of centres

(1) The Governor may by order declare any place which is the property of

the Government to be an Addiction Treatment Centre for the detention,





custody, treatment, care and rehabilitation of addicts, and may amend, alter or
cancel any such order.
(2) The Governor, on the application of the owner thereof, may by order
declare any place which is not the property of the Government to be an
Addiction Treatment Centre for the detention, custody, treatment, care and
rehabilitation of addicts upon such conditions as may be prescribed or as he
may consider necessary and may amend, alter or cancel any such order.
(3) Notification of every such order and of any amendment or alteration
thereto or cancellation thereof shall be published in the Gazette.

4. Appointment of superintendents, etc.

(1) The Governor may appoint-
(a) a medical practitioner; or
(b)if he is satisfied that adequate arrangements have been made for
the treatment of the patients in a centre by a medical practitioner,
any other person,
to he the superintendent or an assistant superintendent of a centre. (Replaced
76 of 1970 s. 3)
(2) Notification of every such appointment shall be published in the
Gazette.

5. Appointment and duties of visitors

(1) The Governor may appoint Addiction Treatment Centre Visitors for
each centre.
(2) (Repealed 28 of 1986 s. 3)
(3) Two or more visitors appointed in accordance with the provisions of
subsection (1) shall once at least in every month, together, inspect every part of
the centre of which they are visitors and shall see so far as circumstances
permit, every patient therein and the application or the transfer order for the
admission of every patient admitted since the last visitation of visitors and shall
see, if they so require, the application or the transfer order for the admission of
every other patient and shall enter in a book to be kept for that purpose any
comment which they may deem proper on the management and condition of
the centre and of the patients therein. (Amended 65 of 1967 s. 2)
(4) A copy of every comment entered in accordance with the provisions of
subsection (3) in respect of a centre which was declared in accordance with the
provisions of section 3(2) shall be sent by the superintendent to the Director of
Health within 48 hours of the entry thereof in the book. (Amended L.N. 76 of
1989)





6. Delegation

A superintendent may delegate any of his powers and functions under this
Ordinance to-
(a) a medical practitioner; or
(b) any other person approved by the Governor.

7. Admission for treatment

(Replaced 76 of 1970 s. 4)

(1) If any person, or in the case of a young person, his parent or
guardian, is of the opinion that he, or such person, as the case may be, is an
addict and should be receiving treatment for his addiction, and if he, or in the
case of a young person, his parent or guardian on his behalf, completes and
lodges with the superintendent of a centre an application for admission to the
centre in the prescribed form the superintendent may admit to the centre as a
patient the person named in the application form.
(2) An application shall contain-
(a)an undertaking by the person completing the application form
that the person named in the application form-
(i) if required by the superintendent shall remain and may be
detained in the centre or in any other centre to which he may
be transferred, for a period not exceeding 6 months or, in the
case of a young person, 12 months from the date of his first
admission to a centre in accordance with such application
form;
(ii)shall submit himself to such treatment as may be prescribed
by the superintendent of the centre in which he is detained;
(iii)shall obey all lawful orders given to him by the superin-
tendent or by any person authorized by the superintendent;
and
(iv) may be visited only by such persons and at such times as are
permitted by the superintendent; and
(b)an acknowledgment by the person completing the application
form that the person named in the application form may be
detained against his will in the centre named in the application
form or in any other centre to which he may be transferred for a
period not exceeding 6 months or, in the case of a young person,
for a period not exceeding 12 months from the date of his first
admission to a centre in accordance with such application form
and may be forcibly retaken by the superintendent or by any
police officer if he absents himself from the centre without the
permission of the superintendent,





and may contain such other matters as may be prescribed.
(Amended 65 of 1967 s. 3; 19 of 1972 s. 3)

8. Transfer

If it appears to a superintendent that it would be for the benefit of a patient
in a centre or of other patients in the centre that he should be transferred to
another centre, the superintendent by order may transfer the patient to another
centre and, on such transfer, the patient may be detained in the centre to which
he was transferred for the remainder of the period of 6 months or, in the case of
a patient who is a young person, for the remainder of the period of 12 months
from his first admission as if he had been first admitted to that centre.
(Amended 19 of 1972 s. 4)

9. Absence on trial

(1) A superintendent may from time to time permit a patient to be absent
from a centre on trial or for any other reason which he may consider necessary
for such period as the superintendent may think proper.
(2) Any absence in accordance with this section shall be subject to such
conditions as the superintendent may prescribe. (Amended 65 of 1967 s. 4)
(3) The superintendent may require a patient who has been permitted to
be absent from a centre to return to the centre at any time within the period of 6
months from the date of his first admission to a centre; and in case he fails to
return to the centre when so required he may be retaken by the superintendent
or by any police officer and conveyed to and received and detained in such
centre. (Amended 65 of 1967 s. 4)

10. Detention and recapture

Every person admitted into a centre in accordance with the provisions of
this Ordinance may be detained therein for a period of 6 months or, in the case
of a young person, 12 months from the date of his first admission to a centre in
accordance with an application made under section 7 until he be removed or
discharged in accordance with the provisions of this Ordinance and in case of
escape may be retaken within 90 days of such escape by the superintendent or
by any police officer and conveyed to and received and detained in the centre
from which he escaped.

(Amended 19 of 1972 s. 5)

11. Enforcement of costs

(1) As a condition to his reception in a centre, the superintendent, if he is
satisfied that the person completing an application form in accordance with the





provisions of section 7 has sufficient means to enable him to pay the costs of
treatment of the person named in the application form, may require the person
completing the application form to enter into a bond to pay to the Government or to
such other person as may be entitled thereto the proper costs of maintenance and
treatment of the person named in the application form so long as he is detained in
the centre.

(2) The High Court or the District Court, on the application by or on behalf of
such person as may be entitled to recover the costs of the maintenance and
treatment of a patient and on being satisfied that the patient has property which may
be applied towards his maintenance and treatment or that any person is legally
bound to maintain the patient and has sufficient means to enable him to do so, may
make an order for the recovery of the cost of the maintenance and treatment of the
patient, together with the cost of the application, out of the property of the patient or
from such other person. (Amended 35 of 1969 Schedule)

12. Bond

In addition to and not in derogation from the undertakings required by setion
7(2), a superintendent may require that a person completing an application form in
accordance with the provisions of section 7 shall enter into a bond in a sum not
exceeding $5,000 to secure the continued presence in the centre, or in any other
centre to which he may be transferred, of the person named in the application form.

13. Discharge

(1) A superintendent in his absolute discretion may discharge any patient from
a centre and, on such discharge, the liability of the patient to be detained in the
centre shall thereupon wholly cease and determine.

(2) A notice of discharge shall be served on the patient or, in the case of a
patient who is a young person on his parent or guardian. (Amended 65 of 1967 s. 5; 19
of 1972 s. 6)

(3) A patient on whom a notice is served under subsection (2) shall leave the
centre forthwith or, where a notice is served under that subsection on the parent or
guardian of a patient who is a young person, the parent or guardian shall remove the
patient from the centre within 48 hours of such service. (Added65of1967s.5.
Amended19of1972s.6)

(4) If a patient has escaped from a centre and has not been retaken and
conveyed to and detained in the centre from which he escaped within a period of 90
days from the date on which he escaped, he shall be deemed to have been
discharged in accordance with the provisions of subsection (1) on the expiry of such
period of 90 days save and except that any bond entered into in respect of





the patient in accordance with the provisions of section 12 may be forfeited in
such event. (Amended 19 of 1972 s. 6)

14. Addiction Treatment Centre Appeal Board

(1) For the purpose of hearing and determining appeals under section 16,
there shall be a Board to be known as the Addiction Treatment Centre Appeal
Board.
(2) The Board shall consist of-
(a)the Director of Health or the Deputy Director of Health as
Chairman; (Amended L.N. 76 of 1989)
(b)the Secretary for Security or his representative and the Director
of Social Welfare or his representative as ex officio members;
(Amended 28 of 1986 s. 4)
(c) not more than 4 members to be appointed by the Governor.
(3) A member appointed by the Governor shall hold office for such period
as may be specified in the letter of appointment and may be reappointed or
removed by the Governor at his pleasure.
(4) The quorum necessary for the transaction of business by the Board
may be fixed by standing orders made by the Board and, unless so fixed, shall
be 3 members.
(5) The Board may make standing orders governing its procedure in the
transaction of business, for the maintenance of good order at meetings of the
Board and generally for matters relating to the administration and management
of its business and the discharge of its duties.
(6) A copy of any standing order made by the Board in accordance with
the provisions of subsection (5) shall be furnished to the Chief Secretary and
such standing order shall be subject to disallowance, alteration and amendment
by the Governor.

15. Powers of Board

(1) For the purposes of an appeal under section 16, the Board shall have
the following powers-
(a) to hear, receive and examine evidence on oath; and
(b)to summon any person to attend the hearing of any appeal to
give evidence and to produce any document or any other thing in
his possession and to examine him as a witness or to require him
to produce any book, document or other thing in his possession,
subject to all just exceptions.
(2) A summons to a witness shall be in such form as may be prescribed
and shall be signed by the Chairman of the Board.





(3) Any person who, being summoned to attend as a witness or to produce a
book, document or other thing at the hearing of any appeal, refuses or neglects to
do so or to answer any question put to him by or with the concurrence of the
Chairman of the Board shall be guilty of an offence and shall be liable on summary
conviction to a fine of 55,000 and to imprisonment for 6 months: (Amended 28 of
1986 s. 5)

Provided that no person shall be bound to incriminate himself and every
witness shall, in respect of any evidence given by him before the Board, be entitled
to the same privileges to which he would be entitled if giving evidence before a
court of justice.

16. Appeal

(1) If a patient, or in the case of a patient who is a young person his parent or
guardian, is aggrieved by his detention or the detention of the young person, as the
case may be, in a centre in accordance with the provisions of this Ordinance, the
patient or the parent or guardian of the patient who is a young person may appeal in
writing to the Board against such detention and, on such appeal, the Board may
dismiss the appeal or may allow the appeal upon such conditions, if any, as the
Board may consider necessary and if the Board shall allow the appeal, the Board
shall order that the patient be discharged from the centre and thereupon the
superintendent shall discharge the patient. (Amended 19 of 1972 s. 7)

(2) Any visitor may appeal to the Board on behalf of any patient and on such
appeal, the Board shall be empowered to deal with the appeal as if it were an appeal
by a patient.

17. Supplying drugs, etc. to patients

(1) Any person who, without the permission of the superintendent, sends to or
brings or throws into a centre any dangerous drug to which the Dangerous Drugs
Ordinance (Cap. 134) applies or any alcoholic liquor, tobacco or tool shall be guilty
of an offence and shall be liable on conviction to a fine of $10,000 and to
imprisonment for 2 years. (Amended28 of 1986s.6)

(2) Any person who, without the permission of the superintendent, sends or
delivers to any patient in a centre, or deposits in a centre with a view to its coming
into the possession of any patient, any money, clothing, food, drink, paper, book,
letter or other thing shall be guilty of an offence and shall be liable on conviction to
a fine of $5,000. (Amended 28 of 1986 s. 6)

(3) The superintendent may confiscate any thing in respect of which
subsection (1) or (2) is contravened.

(4) Subject to subsection (5), the superintendent, or any person authorized by
the superintendent, may search any person, and the property of any





person, who is in a centre and who is suspected by the superintendent, or such
authorized person, of committing or having committed an offence against
subsection (1) or (2).

(5) A female shall not be searched under subsection (4) except by a female, and
no person shall be searched thereunder in public if he objects to being so searched.

(Replaced 65 of 1967 s. 6)

18. Offence against a patient

Any attendant, nurse, servant or other person employed in a centre who ill-
treats or wilfully neglects any patient in the centre shall be guilty of an offence and
shall be liable on summary conviction to a fine of $10,000 and to imprisonment for 2
years.

(Amended 28 of 1986 s. 7)

19. Protection of addicts, etc.

No statement or admission made by an addict for the purpose of being admitted
to a centre and no statement or admission made by a patient in a centre shall be
admissible as evidence against the maker of the statement or admission in any
proceedings against him under the Dangerous Drugs Ordinance (Cap. 134).

20. Protection of persons carrying out

the provisions of this Ordinance

(1) No superintendent or other person employed in a centre who has purported
to act in accordance with the provisions of this Ordinance shall be liable to any civil
or criminal proceedings, whether on the ground of want of jurisdiction or on any
other ground, unless he has acted in bad faith or without reasonable care.

(2) No proceedings, civil or criminal, shall be brought against any person in any
court in respect of any action by such person purported to be in accordance with
the provisions of this Ordinance, without the leave of the court and leave shall not
be given unless the court is satisfied that there is substantial ground for the
contention that the person, against whom it is sought to bring the proceedings, has
acted in bad faith or without reasonable care.

(3) Notice of any application under subsection (2) shall be given to the person
against whom it is sought to bring the proceedings and that person shall be entitled
to be heard against the application.





21. Power of Governor in Council to make regulations

(1) The Governor in Council may by regulation provide for-

(a)any matter which by this Ordinance is required or permitted to be
prescribed;

(b)the manner in which application for admission into a centre shall be
made and the form to be used in connection therewith;

(e) the duties of a superintendent;

(d) the duties of a visitor;

(e) the amount to be paid by any person in respect of the
maintenance of patient in a centre;
the books and records to be kept in a centre;

(g) the manner in which appeals may be made to the Board;

(h)generally, the carrying into effect of the provisions of this Ordinance.

(2) Any such regulation may provide that the contravention thereof shall
constitute an offence and may prescribe penalties for any offence not exceeding

a fine of $5,000 and imprisonment for 6 months.(Amended28ofl986s.8)

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