1968-HKRS29-8-35_Part03 — Page 26

(CLM. 234.)

Application of Prisons Ordinance. (C8p. 234.)

Regulations.

Power of

Governor to give directions.

detained in the addiction treatment centre, the magistrate may. after giving such person an opportunity to be heard and of calling evidence, order such person to be transferred to a prison for a period not exceeding the balance of the period during which such person may be detained in an addiction treatment centre or the term of imprisonment to which such person was liable for the offence of which he was found guilty, whichever is the less.

(2) Where an order is made under subsection (1)—

(u) a conviction may be recorded in respect of any offence in relation to which a court has exercised the power conferred by subsection (4) of section 4; and

(5) the person in respect of whom the order is made shall for the purposes of the Prisons Ordinance be deemed to have been sentenced for the relevant offence of which be was found guilty to a term of imprisonment for the period for which he is ordered to be transferred to a prison.

9. Subject to any regulations made under section 10 of this Ordinance, sections 9 to 12 inclusive, 16 to 22 inclusive and 24 of the Prisons Ordinance and the Prison Rules shall apply to an addiction treatment centre and to the staff thereof and to persons therein in respect of whom detention orders or further detention orders are in force in like manner as if such persons were prisoners and an addiction treatment centre were a prison, and such Ordin- ance and Rules 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 this Ordinance and the Prisons Ordinance this Ordinance shall prevail.

10. The Governor in Council may make regulations for all or any of the following matters-

(a) the regulation and management of addiction treatment

centres:

(5) the treatment, employment, discipline, control and welfare

of persons detained in addiction treatment centres; (c) forms required for the purposes of this Ordinance; and (d) generally for the better carrying out of the purposes of

this Ordinance.

11. (1) The Governor may give to the Commissioner such directions as be thinks fit with respect to the exercise or per- formance of bis powers, functions or duties under this Ordinance, either generally or in any particular case.

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(2) The Commissioner shall, in the exercise or performance of his powers, functions or duties under this Ordinance, comply with any directions given by the Governor under subsection (1).

12. The enactments specified in the first column of the Consequential Schedule are amended to the extent and in the manner specified amendments. opposite thereto in the second column of the Schedule.

SCHEDULE.

CONSEQUENTIAL, AMENDMENT OP ENACTMENTS,

B. (2)

Schedule.

Enactment.

Ammendment.

Probate and Administration

Ordinance

Section 60 is amended in subsection (2)

(Cap. 19.)

by-

Mental Health Ordinance

(o) deleting “aqd" in the defloition of

"prison";

(5) adding the following at the end of

the definition of “prison"-

"and an addiction treatment centre appointed under the Drup Addiction Treatment Centres Ordinance 1969";

(c) inserting the following in the def- inition of "prisoner" after "Ordin- ance." in the second place where that word decurs....

"or a person detained in an addiction treatment centra under the Drug Addiction Treatment Centres Ordinance 1968,".

Section 52 is amcoded in subsection (5) by deleting "or a training centre" and sub- stituting the following-

*

* & training centre or an addiction treatment centre".

Passed by the Hong Kong Legislative Coungil this 6th day of November, 1968.

Deputy Clerk of Councils.

This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.

Deputy Clerk of Councils.

(Secretarial GR 22/3231/67)

(Chap. 1363