1964_DRUG_ADDICTION_TREATMENT_CENTRES_ORDINANCE — Page 4

HK Historical Laws 香港歷史法例 All AI Reviewed

1988 Ed.]

Drug Addiction Treatment Centres

[CAP. 244

(2) A person in respect of whom a detention order is made shall be detained in an addiction treatment centre for such period, not less than 2 months and not more than 12 months from the date of such order, as the Commissioner may determine, having regard to the health and progress made by such person and the likelihood of his remaining free from addiction to any dangerous drug on his release, and shall then be released. (Amended, 41 of 1977, s. 4 and 24 of 1986, s. 2)

(3) Before a detention order is made in respect of any person, the court shall consider a report of the Commissioner on the suitability of such person for cure and rehabilitation and on the availability of places at addiction treatment centres, and if the court has not received such a report it shall, after such person has been found guilty, remand him in the custody of the Commissioner for such period, not exceeding 3 weeks, as the court thinks necessary to enable such a report to be made.

(4) When a court makes a detention order, no conviction shall be recorded against the person in respect of whom the order is made unless, in the opinion of the court, the circumstances of the offence so warrant and the court orders accordingly. (Replaced, 5 of 1974, s. 3. Amended, L.N. 65/86)

(5) The Commissioner shall, in his report under subsection (3), inform the court whether or not a detention order has previously been made in respect of the person to whom the report relates.

Supervision order

5. (1) The Commissioner may order that a person released from an addiction treatment centre shall, for a period of 12 months from the date of his release, be subject to supervision by such organization or person as he may specify and shall while under such supervision comply with such requirements, including requirements as to medical examination and as to residence, as he may specify. (Amended, 44 of 1987, s. 4)

(2) The Commissioner may at any time vary or cancel a supervision order.

(3) A person who fails to comply with any requirement specified in a supervision order made against him commits an offence and is liable to a fine of $5,000 and to imprisonment for 12 months. (Added, 32 of 1983, s. 2)

Recall order

6. (1) The Commissioner may, if he is satisfied that a person against whom a supervision order is in force has failed to comply with any requirement of the order, make a recall order against such person requiring him to return to an addiction treatment centre; and thereupon such person may be arrested and taken to an addiction treatment centre and detained there.

(2) A person detained in an addiction treatment centre under subsection (1) shall be detained until the expiry of 12 months from the date of the detention order or 4 months from the date of his being arrested under the recall order, whichever is the later. (Amended, 41 of 1977, s. 5)

(3) The Commissioner may at any time release a person in respect of whom a recall order is in force. (Amended, 24 of 1986, s. 3)

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1988 Ed.] Drug Addiction Treatment Centres [CAP. 244 3 (2) A person in respect of whom a detention order is made shall be detained in an addiction treatment centre for such period, not less than 2 months and not more than 12 months from the date of such order, as the Commissioner may determine, having regard to the health and progress made by such person and the likelihood of his remaining free from addiction to any dangerous drug on his release, and shall then be released. (Amended, 41 of 1977, s. 4 and 24 of 1986, s. 2) (3) Before a detention order is made in respect of any person, the court shall consider a report of the Commissioner on the suitability of such person for cure and rehabilitation and on the availability of places at addiction treatment centres, and if the court has not received such a report it shall, after such person has been found guilty, remand him in the custody of the Commissioner for such period, not exceeding 3 weeks, as the court thinks necessary to enable such a report to be made. (4) When a court makes a detention order, no conviction shall be recorded against the person in respect of whom the order is made unless, in the opinion of the court, the circumstances of the offence so warrant and the court orders accordingly. (Replaced, 5 of 1974, s. 3. Amended, L.N. 65/86) (5) The Commissioner shall, in his report under subsection (3), inform the court whether or not a detention order has previously been made in respect of the person to whom the report relates. Supervision order 5. (1) The Commissioner may order that a person released from an addiction treatment centre shall, for a period of 12 months from the date of his release, be subject to supervision by such organization or person as he may specify and shall while under such supervision comply with such requirements, including requirements as to medical examination and as to residence, as he may specify. (Amended, 44 of 1987, s. 4) (2) The Commissioner may at any time vary or cancel a supervision order. (3) A person who fails to comply with any requirement specified in a supervision order made against him commits an offence and is liable to a fine of $5,000 and to imprisonment for 12 months. (Added, 32 of 1983, s. 2) Recall order 6. (1) The Commissioner may, if he is satisfied that a person against whom a supervision order is in force has failed to comply with any requirement of the order, make a recall order against such person requiring him to return to an addiction treatment centre; and thereupon such person may be arrested and taken to an addiction treatment centre and detained there. (2) A person detained in an addiction treatment centre under subsection (1) shall be detained until the expiry of 12 months from the date of the detention order or 4 months from the date of his being arrested under the recall order, whichever is the later. (Amended, 41 of 1977, s. 5) (3) The Commissioner may at any time release a person in respect of whom a recall order is in force. (Amended, 24 of 1986, s. 3)

Baseline (Original)

· 1988 Ed.] Drug Addiction Treatment Centres [CAP. 244 3 (2) A person in respect of whom a detention order is made shall be detained in an addiction treatment centre for such period, not less than 2 months and not more than 12 months from the date of such order, as the Commissioner may determine, having regard to the health and progress made by such person and the likelihood of his remaining free from addiction to any dangerous drug on his release, and shall then be released. (Amended, 41 of 1977, s. 4 and 24 of 1986, s. 2) (3) Before a detention order is made in respect of any person, the court shall consider a report of the Commissioner on the suitability of such person for cure and rehabilitation and on the availability of places at addiction treatment centres, and if the court has not received such a report it shall, after such person has been found guilty, remand him in the custody of the Commissioner for such period, not exceeding 3 weeks, as the court thinks necessary to enable such a report to be made. (4) When a court makes a detention order, no conviction shall be recorded against the person in respect of whom the order is made unless, in the opinion of the court, the circumstances of the offence so warrant and the court orders accordingly. (Replaced, 5 of 1974, s. 3. Amended, L.N. 65/86) (5) The Commissioner shall, in his report under subsection (3), inform the court whether or not a detention order has previously been made in respect of the person to whom the report relates. Supervision order 5. (1) The Commissioner may order that a person released from an addiction treatment centre shall, for a period of 12 months from the date of his release, be subject to supervision by such organization or person as he may specify and shall while under such supervision comply with such requirements, including requirements as to medical examination and as to residence, as he may specify. (Amended, 44 of 1987, s. 4) (2) The Commissioner may at any time vary or cancel a supervision order. (3) A person who fails to comply with any requirement specified in a supervision order made against him commits an offence and is liable to a fine of $5,000 and to imprisonment for 12 months. (Added, 32 of 1983, s. 2) Recall order 6. (1) The Commissioner may, if he is satisfied that a person against whom a supervision order is in force has failed to comply with any requirement of the order, make a recall order against such person requiring him to return to an addiction treatment centre; and thereupon such person may be arrested and taken to an addiction treatment centre and detained there. (2) A person detained in an addiction treatment centre under subsection (1) shall be detained until the expiry of 12 months from the date of the detention order or 4 months from the date of his being arrested under the recall order, whichever is the later. (Amended, 41 of 1977, s. 5) (3) The Commissioner may at any time release a person in respect of whom a recall order is in force. (Amended, 24 of 1986, s. 3)

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