1960-HKRS28-8-27_Part04 — Page 15

Bond.

Dischares.

Addiction Treatment Centre

Appeal

Board.

12. In addition to and not in derogation from the undertakings required by subsection (2) of section 7. 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 five thousand dollars 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. (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 under the age of sixteen years on his parent or guardian and on such service the patient, or bis parent or guardian as the case may be, shall be responsible for his removal or the removal of the parient from the centre within forty-eight hours of such service.

(3) 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 twenty-eight 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 twenty-eight days save aud 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.

14. (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 Medical and Health Services or the Deputy Director of Medical and Health Services as Chairman; (b) the Secretary for Chinese Affairs or his representative and the Director of Social Welfare or his representative as ex officio members:

(c) not more than four 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 three members.

(5) The Board may make Standing Orders governing its procedur in the transaction of business, for the maintenance of good order 1 meetings of the Board and generally for matters relating to the adminis tration and management of its business and the discharge of its duties.

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(6) A copy of any Standing Order made by the Board in accord- ance with the provisions of subsection (5) shall be furnished to the Colonial Secretary and such Standing Order shall be subject to dis- allowance, alteration and amendment by the Governor.

15. (1) For the purposes of an appeal under section 16, the Board Powers shall have the following powers-

(a) to hear, receive and examinc evidence on oath; and

(5) to summon any person to attend the hearing of any appeal to give evidence and to produce any document on 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 one thousand dollars and to imprisonment for six months :

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 cotitled to the same privileges to which he would be entitled if giving evidence before a court of justice.

of Board.

16. (1) If any patient, or in the case of a patient under the age Appeal, of sixteen years his parent or guardian, is aggrieved by his detention or the detention of the patient, as the case may be, in a centre in accord- ance with the provisions of this Ordinance, the patient or his parent or guardian 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.

(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.

Lo patients,

17. Any person who, without the prior permission of the superin. Supplying tendent, supplies to a patient in a centre any drug to which the drugs, etc. Dangerous Drugs Ordinance applies or any alcoholic liquor shall be (Cap. 134). guilty of an offence and on summary conviction shall be liable to a fine of two thousand dollars and to imprisonment for two years.