CAP. 280]
Training Centres
[1988 Ed.
term of imprisonment as the Governor may determine, not exceeding the said unexpired part or the term to which the said person was liable for the offence of which he was convicted, whichever be the less; and for the purpose of this Ordinance, the said person shall be treated as if he had been sentenced to imprisonment for the term so determined by the Governor. (Amended, 4 of 1974, s. 6)
[cf. U.K. 1948 c. 58, s. 59]
Application of Prisons Ordinance, Mental Health Ordinance, and Evidence Ordinance
8. (1) Subject to any regulations made under section 10 of this Ordinance, the provisions of
(a) sections 9 to 12 inclusive, section 16, sections 17 to 21 inclusive and
section 23 of the Prisons Ordinance (Cap. 234);
(b) the Prison Rules (Cap. 234, sub. leg.); and
(c) sections 55 and 56 of the Mental Health Ordinance (Cap. 136),
shall apply to training centres and to the staff thereof and to persons sentenced to detention therein under section 4(1) or committed thereto under section 4A(1) in like manner as if the persons so detained were prisoners and a training centre were a prison, and such provisions shall be read with such verbal alterations and modifications not affecting their substance as are necessary to render the same conveniently applicable: (Amended, 7 of 1956, s. 3; 26 of 1968, s. 4 and 4 of 1974, s. 7)
Provided that-
(a) in the event of conflict between the provisions of this Ordinance and the provisions of the Prisons Ordinance or the Mental Health Ordinance the provisions of this Ordinance shall prevail;
(b) a person committed under section 4A(1) shall be treated as a prisoner awaiting trial.
(2) [Repealed, 4 of 1974, s. 7]
(Replaced, 26 of 1968, s. 4)
(3) Section 81 of the Evidence Ordinance (Cap. 8) shall apply to persons detained in a training centre by virtue of this Ordinance in like manner as if they were prisoners.
(4) In any enactment enacted prior to the commencement of this Ordinance, the term "prison" shall be deemed to include a training centre and the term "prisoner" to include a person detained in a training centre: (Amended, 55 of 1971, s. 66)
Provided that this subsection shall have no application if its application would lead to conflict between such enactment and any provision of this Ordinance or any regulation made under section 10.
Detention orders
9. (1) Where a court passes a sentence of detention in a training centre upon any person, it shall make an order in writing under the seal of the court in the prescribed form.
6
CAP. 280]
Training Centres
[1988 Ed.
term of imprisonment as the Governor may determine, not exceeding the said unexpired part or the term to which the said person was liable for the offence of which he was convicted, whichever be the less; and for the purpose of this Ordinance, the said person shall be treated as if he had been sentenced to imprisonment for the term so determined by the Governor. (Amended, 4 of 1974, s. 6)
[cf. U.K. 1948 c. 58, s. 59]
Application of Prisons Ordinance, Mental Health Ordinance, and Evidence Ordinance
8. (1) Subject to any regulations made under section 10 of this Ordin- ance, the provisions of
(a) sections 9 to 12 inclusive, section 16, sections 17 to 21 inclusive and
section 23 of the Prisons Ordinance (Cap. 234);
(b) the Prison Rules (Cap. 234, sub. leg.); and
(c) sections 55 and 56 of the Mental Health Ordinance (Cap. 136), shall apply to training centres and to the staff thereof and to persons sentenced to detention therein under section 4(1) or committed thereto under section 4A(1) in like manner as if the persons so detained were prisoners and a training centre were a prison, and such provisions shall be read with such verbal alterations and modifications not affecting their substance as are necessary to render the same conveniently applicable: (Amended, 7 of 1956, s. 3; 26 of 1968, s. 4 and 4 of 1974, s. 7)
Provided that-
(a) in the event of conflict between the provisions of this Ordinance and the provisions of the Prisons Ordinance or the Mental Health Ordin- ance the provisions of this Ordinance shall prevail;
(b) a person committed under section 4A(1) shall be treated as a prisoner
awaiting trial.
(2) [Repealed, 4 of 1974, s. 7]
(Replaced, 26 of 1968, s. 4)
(3) Section 81 of the Evidence Ordinance (Cap. 8) shall apply to persons detained in a training centre by virtue of this Ordinance in like manner as if they were prisoners.
(4) In any enactment enacted prior to the commencement of this Ordin- ance, the term "prison" shall be deemed to include a training centre and the term "prisoner" to include a person detained in a training centre: (Amended, 55 of 1971, s. 66)
Provided that this subsection shall have no application if its application would lead to conflict between such enactment and any provision of this Ordinance or any regulation made under section 10.
Detention orders
9. (1) Where a court passes a sentence of detention in a training centre upon any person, it shall make an order in writing under the seal of the court in the prescribed form.
No comments yet.
Private notes are available after approval.