TNAG-0908-FCO40-1118-Legislation-for-immigration-into-Hong-Kong-1979 — Page 43

A204

Ord. No. 67/79

L.S.

DANGEROUS DRUGS (AMENDMENT)

HONG KONG

No. 67 of 1979

I assent.

Short title.

Amendment of section 8.

(Cap. 134.)

Amendment of section 36.

Addition of new section 54A.

MURRAY MACLEHOSE,

Governor.

2nd August, 1979,

An Ordinance to amend the Dangerous Drugs Ordinance.

[3rd August, 1979]

Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.

1. This Ordinance may be cited as the Dangerous Drugs (Amend- ment) Ordinance 1979.

2. Section 8(2) of the principal Ordinance is amended by inserting, after "of $10,000 and", the following-

", subject to section 54A,”.

3. Section 36(2) of the principal Ordinance is amended by inserting, after "of $10,000 and", the following-

", subject to section 54A,”.

4. The principal Ordinance is amended by adding, after section 54, the following section-

"Court to consider report of the Commissioner

of Prisons in the case of certain drug offences. (Cap. 244.)

54A. (1) No sentence, other than a non-custodial sentence, shall be imposed on a person for an offence against section 8 or 36 unless the court has first considered a report of the Commissioner of Prisons on the suitability of such person for cure and rehabilitation and on the availability of places at addiction treatment centres (as defined in the Drug Addiction Treatment Centres Ordin- ance), and if the court has not received such a report it shall, before the person is sentenced, remand him in the custody of the Commissioner of Prisons for such period, not exceeding 3 weeks, as the court thinks necessary to enable such a report to be made.

(2) The Commissioner of Prisons shall, in his report under subsection (1), inform the court whether or not a detention order under the Drug Addiction Treatment Centres Ordinance has previously been made in respect of the person to whom the report relates.

(3) Section 4(3) of the Drug Addiction Treatment Centres Ordinance shall not apply where

shall not apply where a report is obtained under this section.

(4) In this section "non-custodial sentence" means one or more of the following sentences--

(a) a fine;

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