TNAG-0418-FCO40-464-Review-of-narcotics-problem-in-Hong-Kong-1973 — Page 16

Amendment of section 9.

8.

7

Section 9 of the principal Ordinance is amended by

deleting "further detention" and substituting the following

"recall".

Explanatory Memorandum

The effect of clause 3 is that no conviction will

be recorded against a person in respect of whom a detention

order is made unless the court considers the circumstances

so warrant and specifically orders a conviction to be

recorded.

Clause 4 repeals and replaces section 6 of the

principal Ordinance to enable the Commissioner of Prisons to

make a recall order against a person who is subject to a

supervision order and who has failed to comply with the

requirements of that order. The recall order will require such

person to return to an addiction treatment centre.

Clause 5 inserts a new section 6A in the principal

Ordinance providing that if a person in respect of whom a

detention order, supervision order or recall order is in

force is sentenced to imprisonment for two years or less, the

order shall be suspended until the expiration of his term

of imprisonment.

However, if such a person is sentenced to

imprisonment for more than two years or a new detention order

is made in respect of him, the first-mentioned detention

order, or the supervision order or recall order, as the case

may be, shall cease to have effect.

Clause 7 repeals and replaces section 8 of the

principal Ordinance to enable the Governor to order a person