Autendencat of
4.
Seton 4
JO TESTUDOSKO
Section 5.
Amendme01 of #eccion 6.
Replacement alt sectiam 7.
2
Section 4 of the principal Ordinance is amended- (a) by inserting after subsection (1) the following new subsection-
"(1A) In making a detention order against a person the court shall state in such order whether such person is ap parsally under 21 years of age or apparently of or over 21 years of age.";
(b) by deleting subsection (2) and substituting the following-
"0) A person against whom a detention order is in force shall be detained in a detention centre for such period from the date of the order as the Commissioner, having regard to the health and conduct of much person, may determine, being * period which—
(a) in the case of a person stated in the detention order to be appareually of or over 21 years of age, is not less than 3 months and not more than 12 months; (b) in the case of a person stated in the detention order to be apparently under that age, is `not less than 1 month and not more than 6 months,
and shall then be released.";
(c) in subsection (3) by deleting "or a detention centre"; (d) in subsection (4) by inserting after "has" the following-
"not earlier than one month before the date of the order". 5. Section 5 of the principal Ordinance is amended- (a) by deleting subsection (1) and substituting the following-
11
1) The Commissioner may make a supervision order- (d) against a person who is released under section 4(2); (6) against a person who is released under section 6(3) before the expiration of 12 months from the date when be was last released under section 4(2)."; and (6) in subsection (2) by deleting paragraph (a) and substituting the
following
"(a) for the period stated therein, which in the case of a person released under section 4(2) shall not exceed 12 months from the date of his release and in the case of a person released under section 6(3) shall not exceed 12 mouths from the date when be was last released under section 4(2), the person released shall be subject to super- vision by such organization or person as may be specified therein;1.
Section 6(3) of the principal Ordinance is amended by deleting ", and a supervision order shall not be made in respect of such person”, Section 7 of the principal Ordinance is repealed and replaced by
7.
the following
**Sentence of
ها detracion
tion
centre and
for detained
person.
7. (0) II » person in respect of whom a detention order, a supervision order or a recall order is in force is sentenced-
(a) to detention in a training centre; or
(5) to a term of imprisonment which is not suspended, the detention order, supervision order or resall order shall lapse.
(2) A detention order, a supervidon order or a recall order made against any person on whom a suspended sen-
tence has been passed (whether made before or after the suspended sentence was passed) shall lapse if that suspended sentence la ordered to take effect".
& The principal Ordinance is amended by adding after section 8 tmerdon of sew the following new section—
**Transferm from deteniça
come to
prian or
Arbitre.
(Cap. 280.) (Cap. 2343)
SA. If a detainee is reported to the Governor by the Commissioner to be—
(a) physically or mentally incapable of full participation
in the programme of a detention centre;
(b) exercising a bad influence on the other inmates of
the detention centre; or
(c) incorrigible,
the Governor may direct-
(i) that such detainee be detained in a training centre;
OT
(ii) that he be delained in prison for such term as the Governor may, after consultation where practicable with the judge or magistrate who made the detention order, determine, not exceeding the maximura term of fmprisonment to which he was lable for the offence of which he was convicted;
and for the purposes of this Ordinance and for the purposes of the Training Centres Ordinance or the Prisons Ordinance. according to whether such detainee is directed to be detained in a training centre or in prison, he shall be deemed to be a person who, on the day on which the detention order was made against him, bad instead been sentenced to detention in a training centre or, as the case may be, to imprisonment for the term so determined by the Governor.”.
Passed by the Hong Kong Legistative Council this 22nd day of December, 1976.
B
Clerk to the Legislative Council.
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 bif,
Clerk to the Legistative Council.
meblad BA
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