1968-HKRS28-8-35_Part03 — Page 25

Addiction treatment centres.

Detention order.

Supervision

order.

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“detention order” means any order of detention made under sub-

section (1) of section 4;

"further detention order" means an order of further detention

made under subsection (1) of section 6;

"relevant offence" means an offence punishable with imprisonment

otherwise than for non-payment of a fine; *supervision order" means an order for supervision made under

subsection (1) of section 5.

3. The Governor may by order appoint any place or building to be an addiction treatment centre for the cure and rehabilitation of persons found guilty of a relevant offence who are addicted to any dangerous drug.

4. (1) Where a person is found guilty of a relevant offence and the court is satisfied that in the circumstances of the case and having regard to his character and previous conduct it is in his interest and the public interest that he should undergo a period of cure and rehabilitation in an addiction treatment centre, the court may, in lieu of imposing any other sentence, order that such person be detained in an addiction treatment centre.

(2) A person in respect of whom a detention order is made shall be detained in an addiction treatment centre for such period, not less than six months and not more than eighteen months from the date of such order, as the Commissioner may determine, having regard to the health and progress made by such person and the likelihood of his remaining free from addiction to any dangerous drug on his release, and shall then be released.

(3) Before a detention order is made in respect of any person, the court shall consider a report of the Commissioner on the suitability of such person for cure and rehabilitation and on the availability of places at addiction treatment centres, and if the court has not received such a report it shall, after such person has been found guilty, remand him in the custody of the Com- missioner for such period, not exceeding three weeks, as the court thinks necessary to enable such a report to be made.

(4) When a court makes a detention order, it may, where the circumstances of the offence so warrant, order that no con- viction shall be recorded.

(5) The Commissioner shall, in his report under subsection (3), inform the court whether or not a detention order has pre- viously been made in respect of the person to whom the report relates.

5. (1) The Commissioner may order that a person released from an addiction treatment centre shall, for a period of twelve

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months from the date of his release, be subject to supervision by such organization or person as he may specify and shall while under such supervision comply with such requirements, including requirements as to medical examination, as he may specify.

(2) The Commissioner may at any time vary or cancel a supervision order.

6. (1) If a magistrate is satisfied, on application by or on behalf of the Commissioner, that a person in respect of whom a supervision order is in force is addicted to any dangerous drug or has failed to comply with such order, the magistrate may order that such person be further detained in an addiction treatment centre and thereupon such person may be arrested and taken to an addiction centre and detained there.

(2) A person detained in an addiction treatment centre under a further detention order shall be detained until the expiry of eighteen months from the date of the original detention order or the expiry of six months from the date of his arrest, whichever is the later:

Provided that the Commissioner may at any time release a person so detained but shall not make a supervision order with respect to such person.

(3) Where-

(a) a person in respect of whom a detention order, a further detention order or a supervision order is în force is sentenced to imprisonment; or

(6) a new detention order is made in respect of such a

person,

the first-mentioned detention order or the further detention order or supervision order, as the case may be, shall lapse.

7. (1) If a police officer reasonably suspects that a person in respect of whom a detention order or a further detention order is in force is unlawfully at large, he may arrest such person and take him to the place in which he is required to be detained.

(2) Any period during which a person in respect of whom a detention order or a further detention order is in force is unlaw- fully at large shall be disregarded in calculating the period for which he may be detained under such detention order or further detention order, unless the Governor otherwise directs.

#. (1) If a magistrate is satisfied, on application by or on bebalf of the Commissioner, that a person detained in an addiction treatment centre is exercising a bad influence on other pervous

Further

detention order.

Arrest, etc. of persons unlawfully at large.

Transfer to prison.