1964_DRUG_ADDICTION_TREATMENT_CENTRES_ORDINANCE — Page 6

1988 Ed.]

Drug Addiction Treatment Centres

[CAP. 244

5

(2) Any period during which a person in respect of whom a detention order or a recall order is in force is unlawfully at large shall be disregarded in calculating the period for which he may be detained under such detention order or recall order, unless the Governor otherwise directs.

(Amended, 5 of 1974, s. 6)

Transfer to prison

8. (1) If the Governor is satisfied, on application by the Commissioner, that a person detained in an addiction treatment centre is exercising a bad influence on other persons detained in the addiction treatment centre, the Governor may order such person to be transferred to and detained in a prison for a period not exceeding-

(a) the balance of the period during which such person might have been detained in an addiction treatment centre; or

(b) the term of imprisonment to which such person was liable for the offence of which he was found guilty,

whichever is the less.

(2) A person in respect of whom an order is made under subsection (1) shall, for the purposes of the Prisons Ordinance (Cap. 234), be deemed to have been sentenced for the offence of which he was found guilty to a term of imprisonment for the period for which he is ordered to be transferred to and detained in a prison.

(3) Where an order is made under subsection (1) the Commissioner shall cause a certified copy thereof to be transmitted to the court that made the detention order and, notwithstanding that it made no order under section 4(4), the court may order that a conviction shall be recorded in respect of the offence in relation to which the detention order was made.

(4) Where the court makes an order under subsection (3) that a conviction shall be recorded it shall cause the Commissioner of Police to be notified accordingly.

(Replaced, 5 of 1974, s. 7)

Transfer of persons serving a prison sentence to an addiction treatment centre

8A. (1) If the Governor is satisfied, on application by the Commissioner, that a person serving a sentence of imprisonment is addicted to any dangerous drug and having regard to his health, character and previous conduct, it is in his interest and the public interest that he should undergo a period of cure and rehabilitation in an addiction treatment centre, the Governor may order such person to be transferred to and detained in an addiction treatment centre.

(2) An order under subsection (1) shall not be made in respect of any such person if the balance of the term of imprisonment to which he is liable to serve is more than 12 months, taking into account the amount of remission of sentence which may be earned by him.

(Amended, 41 of 1977, s. 6)