Form 5.
Application of Prisons Ordinance. Evidence
Ordinance and other
4
such person to a training centre; and the provisions of this Ordinance shall thereupon apply to such person as if he had on the date of the transfer been sentenced to detention in a training centre: Provided that if on that date the unexpired term of his sentence is less than three years, those provisions shall apply to him as if he had been sentenced to detention in a training centre three years before the expiration of that term.
(2) If a person detained in a training centre is reported to the Governor by the Commissioner to be incorrigible, or to be exercising a bad influence on the other inmates of the training centre, the Governor may commute the unexpired part of the term for which the said person is then liable to be detained in a training centre to such term of imprisonment as the Governor may determine, not exceeding the said unexpired part or the term to which the said person was liable for the offence of which he was convicted, whichever be the less; and for the purpose of this Ordinance, the said person shall be treated as if he had been sentenced to imprisonment for the term so determined by the Governor.
8. (1) Subject to any rules made under section ro of this Ordinance, the provisions of section 4 subsections (3), (4) and (5) of section 7, section 8, section 9, sections 14 to 19 inclusive and section 21 of the Prisons Ordinance and the Prison Rules shall enactments, apply to training centres and to the staff thereof and to persons (Cap. 234).
sentenced to detention therein in like manner as if the persons so detained were prisoners, and a training centre were a prison, and such provisions shall be read with such verbal alterations and modifications not affecting their substance as are necessary to render the same conveniently applicable: Provided that in the event of conflict between the provisions of this Ordinance and of any regulations made under section to on the one hand and the provisions of the Prisons Ordinance and the Prison Rules on the other, the provisions of this Ordinance and of any such regulations shall prevail.
(Cap. 8).
(2) Nothing in subsection (1) or in section to shall be deemed to authorize the Governor in Council to augment the penalties for offences under the Prisons Ordinance in so far as such offences are also applicable to training centres by virtue of subsection (1).
(3) Section 57 of the Evidence Ordinance shall apply to persons detained in a training centre by virtue of this Ordinance in like manner as if they were prisoners.
G
(4) Io any enactment, other than the Deportation of Aliens (Cap. 240). Ordinance, enacted prior to the commencement of this Ordinance, the term "prison" shall be deemed to include a training centre and the term "prisoner" to include a person detained in a training centre: Provided that this subsection shall have no application if its application would lead to conflict between such enactment and any provision of this Ordinance or any regulation made under section 10.
orders.
9. (1) Where a court passes a sentence of detention in a Detention training centre upon any person, it shall make an order in writing Form 8. under the seal of the court in the prescribed form.
(2) The court shall cause such order to be delivered with the person to whom it relates to the Commissioner, and such order shall be sufficient authority for the detention of such person in accordance with the provisious of this Ordinance.
10. (r) It shall be lawful for the Governor in Council to Regula.
tiona. make regulations providing-
(u) for the regulation and management of training centres; (1) for the treatment, employment, discipline, control and
welfare of the persons detained therein;
(c) for the appointment of visiting justices and visiting com- mittees and the functions of such justices and committees: (d) for forms to be used for the purposes of this Ordinance
and any regulations made hereunder ;
(c) for the modification in relation to training centres oF persons detained therein of any enactment which by virtue of section 8 would apply to training centres or persons detained therein, or that any such enactment shall cease to apply to training centres or persons detained therein; and
() for the better carrying into effect of the provisions of
this Ordinance.
(2) The regulations in the Schedule shall be deemed to (Schedule). have been made under subsection (1) and may be amended by any regulations made thereunder,