3
AmendmenL
of section 4.
Repeal and
3 Section 4 of the principal Ordinance is amended by deleting subsection (4) and substituting the following-
4(4) When a court makes a detention order, no con- viction 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.".
4.
Section 6 of the principal Ordinance is repealed and replacement replaced by the following-
||
of section 6.
Addition of
Dew section
But.
"Recall order.
5.
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 eighteen months from the date of the deten- tion order or six months from the date of his being arrested under the recall order, whichever is the later.
(3) The Commissioner may at any time release a person in respect of whom a recall order is in force, and a supervision order shall not be made in respect of such person.".
The principal Ordinance is amended by adding, after section 6, the following new section-
"Effect of imprison- ment 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 imprisonmeat-
(2) for a term of two years or less, the deten- tion order, supervision order or recall order shall be suspended until the expiration of bis term of imprisonment;
(b) for a term of more than two 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.".
6. Section 7 of the principal Ordinance is amended by Amendment deleting "further delcation" in cach place it occurs and sub- of section 7. stituting the following-
1.
"retail",
Section 8 of the principal Ordinance is repealed and Repeal and replaced by the following-
"Transfer to prison,
(Cap. 234.)
$. (1) If the Governor is satisfied, on applica tion 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 per- son 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 be 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. 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 10 and detained in a prison.
(3) Where an order is made under subsection (1) the Commissioner shall cause a certified copy thereof to be transmilled to the court that made the detention order and, notwithstanding that it mode no order under section 4(4), the court may order that a conviction shall be recorded in respect of the offence 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.
replacement of section 8. and addition
of new section 8A.