1988 Ed.]
Dangerous Drugs
[CAP. 134
47
Chemical tests and handwriting
54. (1) Any police officer not below the rank of inspector or any member of the Customs and Excise Service not below the rank of inspector may require any person whom he reasonably suspects to be guilty of an offence under this Ordinance (Amended, 13 of 1973, s. 2)
(a) to have his finger nails pared and his hands washed in water for the purpose of analysis of such finger nails and water; or
(b) to give a specimen of his handwriting for the purpose of comparison.
(2) Any person who fails to comply with a requirement under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $1,000.
Court to consider report of the Commissioner of Correctional Services in the case of certain drug offences
54A. (1) Subject to subsection (1A), no sentence, other than a non-custodial sentence, shall be imposed on a person for an offence against section 8 or 36 unless the court has first considered a report of the Commissioner of Correctional Services on the suitability of such person for cure and rehabilitation and on the availability of places at addiction treatment centres (as defined in the Drug Addiction Treatment Centres Ordinance (Cap. 244)). (Amended, L.N. 30/82 and 24 of 1987, s. 4)
(1A) Subsection (1) shall not apply where a person is convicted of an offence against section 8 or 36 or of offences against both those sections and that person-
(a) is convicted in the same proceedings of any other offence and is sentenced for that other offence to imprisonment for more than 9 months; or
(b) is at the time of conviction serving a term of imprisonment of more than 9 months,
but, in such a case, the court may if it thinks fit consider a report specified in subsection (1) before sentencing that person for the offence against section 8 or 36. (Added, 24 of 1987, s. 4)
(1B) Where a court is required or has decided to consider a report under this section before sentencing a person but has not received such a report, it shall remand that person in the custody of the Commissioner of Correctional Services for such period, not exceeding 3 weeks, as the court thinks necessary to enable such a report to be made. (Added, 24 of 1987, s. 4)
(2) The Commissioner of Correctional Services shall, in his report under this section, inform the court whether or not a detention order under the Drug Addiction Treatment Centres Ordinance has previously been made in respect of the person to whom the report relates. (Amended, L.N. 30/82 and 24 of 1987, s. 4)
(3) Section 4(3) of the Drug Addiction Treatment Centres Ordinance shall not apply where a report is obtained under this section.