TNAG-0418-FCO40-464-Review-of-narcotics-problem-in-Hong-Kong-1973 — Page 8

C.S. 84

XCR(73)267

4

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However the course proposed reflects the view that release under supervision is an essential part of the rehabilitation of addicts and that persons released under supervision are still under the control and direction of the Commissioner of Prisons. It is considered preferable that any necessary recall during this very important supervision period should not involve an additional court appearance;

(c) Clause 5 adds a new section 6A the effect of which is that if

a person in respect of whom a detention order, supervision order or recall order is in force is sentenced to imprisonment for a period of not more than two years, the detention order, supervision order or recall order shall be suspended during the period of imprisonment; however, if he 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. Under the present section 6(3) (repealed by clause 4) a detention order lapses if the person concerned is sentenced to any term of imprisonment.

It is not in the interests of such a person that provision for his treatment and supervision should cease when a short period of imprisonment is imposed on him;

(d) Clause 7 repeals and replaces section 8. Inmates who are a

bad influence may, by order of the Governor, be transferred to prison this power presently rests with the magistrates but, in line with the provisions of the Training Centres Ordinance (Chapter 280), it is considered a function which can and should properly be handled administratively without a court appearance; and

(e) Clause 7 also inserts a new section 8A which provides that a

person serving a term of imprisonment may, during the last 18 months of his sentence, be transferred, by order of the Governor, to a treatment centre. This is a new provision, recommended by the Board of Review of Long Term Prison Sentences, which will enable suitable treatment to be afforded prisoners nearing the end of their sentences who need rehabilitation from drug addiction.

The amendments to the regulations are designed to give an earlier (and more effective) start to the appraisal of a detainee's progress. Thus the first interview will take place after three rather than five months and then the next two interviews will be at two monthly intervals until the first seven months have expired. Appraisal will then take place each month as now.

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