1964_DETENTION_CENTRES_ORDINANCE — Page 4

HK Historical Laws 香港歷史法例 All AI Reviewed

1988 Ed.]

Detention Centres

[CAP. 239

3

circumstances of the case and having regard to his character and previous conduct it is in his interest and the public interest that he should undergo a period of detention in a detention centre, in lieu of imposing any other sentence, make a detention order against him.

(1A) In making a detention order against a person the court shall state in such order whether such person is apparently under 21 years of age or apparently of or over 21 years of age. (Added, 84 of 1976, s. 4)

(2) 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 such person, may determine, being a period which-

(a) in the case of a person stated in the detention order to be apparently 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. (Replaced, 84 of 1976, s. 4)

(3) A detention order shall not be made against a person who has previously served a sentence of imprisonment or of detention in a training centre. (Amended, 84 of 1976, s. 4)

(4) A court shall not make a detention order against a young offender unless the Commissioner has not earlier than 1 month before the date of the order informed the court that in his opinion the young offender is suitable for detention and that a place is available for him in a detention centre. (Amended, 84 of 1976, s. 4)

(5) A court may, after conviction of a young offender, remand him in the custody of the Commissioner for such period, not exceeding 3 weeks, as the court thinks necessary to enable the Commissioner to form an opinion as to whether or not the young offender is suitable for detention.

Supervision order

5. (1) The Commissioner may make a supervision order-

(a) against a person who is released under section 4(2);

(b) against a person who is released under section 6(3) before the expiration of 12 months from the date when he was last released under section 4(2). (Replaced, 84 of 1976, s. 5)

(2) A supervision order shall contain conditions that---

(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 months from the date when he was last released under section 4(2), the person released shall be subject to supervision by such organization or person as may be specified therein; (Replaced, 84 of 1976, s. 5)

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1988 Ed.] Detention Centres [CAP. 239 3 circumstances of the case and having regard to his character and previous conduct it is in his interest and the public interest that he should undergo a period of detention in a detention centre, in lieu of imposing any other sentence, make a detention order against him. (1A) In making a detention order against a person the court shall state in such order whether such person is apparently under 21 years of age or apparently of or over 21 years of age. (Added, 84 of 1976, s. 4) (2) 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 such person, may determine, being a period which- (a) in the case of a person stated in the detention order to be apparently 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. (Replaced, 84 of 1976, s. 4) (3) A detention order shall not be made against a person who has previously served a sentence of imprisonment or of detention in a training centre. (Amended, 84 of 1976, s. 4) (4) A court shall not make a detention order against a young offender unless the Commissioner has not earlier than 1 month before the date of the order informed the court that in his opinion the young offender is suitable for detention and that a place is available for him in a detention centre. (Amended, 84 of 1976, s. 4) (5) A court may, after conviction of a young offender, remand him in the custody of the Commissioner for such period, not exceeding 3 weeks, as the court thinks necessary to enable the Commissioner to form an opinion as to whether or not the young offender is suitable for detention. Supervision order 5. (1) The Commissioner may make a supervision order- (a) against a person who is released under section 4(2); (b) against a person who is released under section 6(3) before the expiration of 12 months from the date when he was last released under section 4(2). (Replaced, 84 of 1976, s. 5) (2) A supervision order shall contain conditions that--- (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 months from the date when he was last released under section 4(2), the person released shall be subject to supervision by such organization or person as may be specified therein; (Replaced, 84 of 1976, s. 5)
Baseline (Original)
1988 Ed.] Detention Centres [CAP. 239 3 circumstances of the case and having regard to his character and previous conduct it is in his interest and the public interest that he should undergo a period of detention in a detention centre, in lieu of imposing any other sentence, make a detention order against him. (1A) In making a detention order against a person the court shall state in such order whether such person is apparently under 21 years of age or apparently of or over 21 years of age. (Added, 84 of 1976, s. 4) (2) 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 such person, may determine, being a period which- (a) in the case of a person stated in the detention order to be apparently of or over 21 years of age, is not less that 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. (Replaced, 84 of 1976, s. 4) (3) A detention order shall not be made against a person who has previously served a sentence of imprisonment or of detention in a training centre. (Amended, 84 of 1976, s. 4) (4) A court shall not make a detention order against a young offender unless the Commissioner has not earlier than 1 month before the date of the order informed the court that in his opinion the young offender is suitable for detention and that a place is available for him in a detention centre. (Amended, 84 of 1976, s. 4) (5) A court may, after conviction of a young offender, remand him in the custody of the Commissioner for such period, not exceeding 3 weeks, as the court thinks necessary to enable the Commissioner to form an opinion as to whether or not the young offender is suitable for detention. Supervision order 5. (1) The Commissioner may make a supervision order- (a) against a person who is released under section 4(2); (b) against a person who is released under section 6(3) before the expiration of 12 months from the date when he was last released under section 4(2). (Replaced, 84 of 1976, s. 5) (2) A supervision order shall contain conditions that--- (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 months from the date when he was last released under section 4(2), the person released shall be subject to supervision by such organization or person as may be specified therein; (Replaced, 84 of 1976, s. 5)
2026-05-04 14:00:20 · Baseline
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1988 Ed.]

Detention Centres

[CAP. 239

3

circumstances of the case and having regard to his character and previous conduct it is in his interest and the public interest that he should undergo a period of detention in a detention centre, in lieu of imposing any other sentence, make a detention order against him.

(1A) In making a detention order against a person the court shall state in such order whether such person is apparently under 21 years of age or apparently of or over 21 years of age. (Added, 84 of 1976, s. 4)

(2) 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 such person, may determine, being a period which-

(a) in the case of a person stated in the detention order to be apparently of or over 21 years of age, is not less that 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. (Replaced, 84 of 1976, s. 4)

(3) A detention order shall not be made against a person who has previously served a sentence of imprisonment or of detention in a training centre. (Amended, 84 of 1976, s. 4)

(4) A court shall not make a detention order against a young offender unless the Commissioner has not earlier than 1 month before the date of the order informed the court that in his opinion the young offender is suitable for detention and that a place is available for him in a detention centre. (Amended, 84 of 1976, s. 4)

(5) A court may, after conviction of a young offender, remand him in the custody of the Commissioner for such period, not exceeding 3 weeks, as the court thinks necessary to enable the Commissioner to form an opinion as to whether or not the young offender is suitable for detention.

Supervision order

5. (1) The Commissioner may make a supervision order-

(a) against a person who is released under section 4(2);

(b) against a person who is released under section 6(3) before the expiration of 12 months from the date when he was last released under section 4(2). (Replaced, 84 of 1976, s. 5)

(2) A supervision order shall contain conditions that---

(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 months from the date when he was last released under section 4(2), the person released shall be subject to supervision by such organization or person as may be specified therein; (Replaced, 84 of 1976, s. 5)

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