(No. 14 cf 1980)
(CRP) 244)
(Cap. 280.)
(pp. 244.)
(Cap. 280.)
(Cap. 298.)
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(i) after the commencement of the Criminal Procedure (Amendment) Ordinance 1980.
(2) No supervision order shall be made under sub- section (1) on the release of a person sentenced to a term of imprisonment of 2 years or less in respect of whom there is revived upon his release———
(0) a detention order, supervision order, or recall order, that was suspended under section &A of the Drug Addiction Treatment Centres Ordinance; or
(b) a sentence of detention in a training centre, a supervision notice, or an order of recall, that was suspended under section 5A of the Training Centres Ordinance.
(3) A supervision arder under subsection (1) shall con- tain conditions that the person against whom it is made sball-
[I
(a) subject to subsections (4) and (5), be subject to supervision by such organization or person as may be specified therein for a period commencing on the date of his reieuse from prison and expiring not more than 12 months thereafter, and
(8) while under supervision, comply with such require- ments, including requirements as to residencë, as thay be specified therein.
(4) The Commissioner of Prisons may at any time cancel or vary the terms of a supervision order under sub- section (1).
(5) A supervision order under subsection (1) shall- (a) be suspended in its operation for any period during which the person against whom it was made-
(i) is detained pursuant to a recall order under section 109AB; or
(ü) is serving a term of imprisonment of leas than 3 months,
but shall not by reason of any such suspension expire more than 12 months after the date on which it was made;
(6) cease to have effect where the person against whom
it was made-
(1) is ordered to serve a term of imprisonment of 3 months or more;
(U) is ordered to be detained in an addiction treatment centre under the Drug Addiction Treat- ment Centres Ordinance;
(iii) is ordered to be detained in a training centre under the Training Centres Ordinance;
(iv) is made the subject of a probation order under section 3 of the Probation of Offenders Ordinance; of
(v) attains the age of 26.
(6) A person who fails to comply with a supervision order under subsection (1) shall be guilty of an offence and liable on canviction to a fine of $5,000 and to imprisonment for 12 months.
Recall order.
(Cap. 234, pok, den)
Cup. 244)
*Cup. 280.1
(Cap. 28.)
ANGI EG. uf persons uglwfully
at bugs.
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109AB. (1) Where the Commissioner of Prisons is satisfied that a person against whom a supervision order under subsection (1) of section 109AA is in force has failed to comply with the order, he may, if such person carned remission under rule 69 of the Prison Rules in respect of the period of imprisonment which ended on his release from prison referred to in that subsection, make a recall order àgainst him requiring him to return tó prison.
(2) Subject to subsections (3) and (4), a person against whom a recall order is made under subsection (1) may be detained in prison for a period equivalent to the amount of the remission that was earned by him.
(3) The Commissioner of Prisons may at any time release a person who is detained pursuant to a recall order under subsection (1).
(4) A recall order under subsection (1) shall cease to have effect where the person against whom it was made-
(a) is ordered to serve a term of imprisonment; (6) is ordered to be detained in an addiction treatment centre under the Drug Addiction Treatment Centres Ordinance: (c) is ordered to be detained in a training centro under
the Training Centres Ordinance;
(0) Is made the subject of a probation order under section 3 of the Probation of Offenders Ordinance;
or
(e) atlains the age of 26.
109AC. (1) If a person against whom a recall order is made under section 109AB(1) is at large at the time it is made, be shall be deemed to be unlawfully at large.
() A police officer may, if he reasonably suspects that a recall order under section 109AB(1) is in force against a person and that that person is unlawfully at large, arrest him and take him to a prison.
(3) Aay period during which a person against whom a recall order under section 109AB(1) is in force is unlawfully at large shall be disregarded in calculating the period for which he may be detained under the recall order, unless the Governor otherwise directa in a particular case.'
•
Passed by the Hong Kong Legislative Council (his 30th day of April 1980.
Clerk ofthe Legislative Cei
This printed impression has been carefully fompaßd by me with the bill, and is found by me to be a rive and correctly printed copy of the said ball.
Clerk of the Legislative Council,
No comments yet.
Private notes are available after approval.