Detention Centres Regulations
[16 June 1972]
(Format changes—E.R. 4 of 2019)
These regulations may be cited as the Detention Centres Regulations.
In these regulations, unless the context otherwise requires—
Officer-in-charge (主管人員) means an officer appointed under regulation 3(2)(b) to be in charge of a detention centre; Superintendent (監督) means the officer appointed under regulation 3(2)(a) to assist the Commissioner in the administration of detention centres.The Commissioner shall have the general charge and control of all detention centres.
The Commissioner shall appoint—
an officer of the Correctional Services Department to assist him in the administration of detention centres, who shall be known as the Superintendent of detention centres;
an officer of the Correctional Services Department to be Officer-in-charge of each detention centre; and
such officers of the Correctional Services Department and other persons as he may consider necessary for service in detention centres.
The Officer-in-charge of a detention centre to which a detainee is directed by the Commissioner shall make arrangements for the reception in the detention centre of the detainee.
A detainee shall, on the day of his admission or re-admission to a detention centre or as soon as possible thereafter, be examined by a medical officer.
A detainee shall, as soon as possible after his admission or re-admission, be interviewed by the Officer-in-charge, who shall enter in the detainee’s record such particulars or further particulars of the detainee as he considers desirable.
Detainees shall be divided into such grades as the Commissioner may approve.
The privileges of each grade shall be specified by the Commissioner.
At least one hour a day shall be devoted to physical training or to organized games, and such period shall be deemed to be work for the purposes of regulation 9.
Every detainee, unless excused by a medical officer on medical grounds, shall undertake such work or instruction, for not more than 10 hours a day, as may be required by the Officer-in-charge.
Such work shall, as far as possible, involve physical effort.
A detainee shall not receive any payment for work done.
A detainee shall be supplied with food in accordance with such scales of diet as the Chief Executive may from time to time approve.
The Officer-in-charge may, if satisfied that a detainee belongs to a religious denomination, if the detainee so desires and it is reasonably practicable so to do, make arrangements for the detainee to attend appropriate religious services or instruction.
The Commissioner shall appoint for each detention centre a Board consisting of the Superintendent, the Officer-in-charge and such other officers as he may select, to watch the behaviour of each detainee and to make recommendations for his discharge.
The Board shall cause a detainee to be brought before it at monthly intervals during his detention.
A supervision order shall be read and explained to a detainee by, or in the presence of, the Officer-in-charge before the release of the detainee from the detention centre.
The Commissioner may grant to a detainee permission to be absent from a detention centre for a period not exceeding 24 hours at any one time.
A detainee permitted to be absent under paragraph (1) shall be given a pass signed by the Commissioner stating the period during which the detainee is permitted to be absent from the detention centre and the address at which the detainee is required to reside during his absence.
A detainee who, without lawful excuse—
fails to return to the detention centre at or before the expiration of the period for which he has been granted leave; or
fails to reside at the address specified in the pass issued under paragraph (2),
shall be guilty of a disciplinary offence.
A detainee who commits any of the offences enumerated in rule 61 of the Prison Rules (Cap. 234 sub. leg. A) as applied by section 10 of the Ordinance shall be guilty of a disciplinary offence.
A detainee who commits a disciplinary offence under regulation 14 or 15 shall be liable, by order of the Officer-in-charge, to any one or more of the following punishments—
(Repealed L.N. 191 of 1990)
(Repealed L.N. 165 of 1983)
solitary confinement for a period not exceeding 14 days;
forfeiture of privileges for a period not exceeding 1 month;
reduction of grade;
a caution. (L.N. 170 of 1977)
A detainee may appeal to the Commissioner against an order made by the Officer-in-charge under paragraph (1), within 48 hours after the making of the order, by giving notice in writing to the Officer-in-charge, who shall forthwith notify the Commissioner and stay execution of the order pending the determination of the appeal.
The Commissioner may confirm, vary or reverse the order against which the appeal is made or may substitute therefor any other order which the Officer-in-charge was competent to make under paragraph (1).
(Repealed L.N. 165 of 1983)
(Repealed L.N. 191 of 1990)
Rule 63 of the Prison Rules (Cap. 234 sub. leg. A) shall not apply to or in respect of detainee. (L.N. 170 of 1977; E.R. 4 of 2019)
The forms set out in the Schedule shall be used for the purposes specified therein.
| Form 1 | ||
| [s. 4(1)] |
| * | ｛ | Court of First Instance | ||
| In the | District Court | held at | ||
| Magistrate’s Court |
| To each and all of the police officers of Hong Kong and to the Commissioner of Correctional Services (hereinafter called the Commissioner). |
| (hereinafter called the detainee), being apparently of or over 14 and under 21 years of age/being apparently of or over 21 years of age and under 25 years of age*, was on the . day of . 19 . duly found guilty of a relevant offence, for that he on the . day of . 19 ., in Hong Kong did (1) |
| contrary to (2) |
| and a detention order has been made against him under section 4(1) of the Detention Centres Ordinance. |
| This order therefore commands you the said police officers to take the detainee and deliver him to the Commissioner together with this order; and you the Commissioner to receive the detainee and keep him in your custody in accordance with the provisions of the Ordinance, and this shall be your authority to do so. |
| Dated this . day of . 19 . |
| *Judge/District Judge/Magistrate |
| Note: | (1) | State the substance of the offence. |
| (2) | Specify the Ordinance and the relevant section. | |
| * Delete whichever is inapplicable. | ||
_
| Form 2 | ||
| [s. 4(5)] |
| * | ｛ | Court of First Instance | ||
| In the | District Court | held at | ||
| Magistrate’s Court |
| To each and all of the police officers of Hong Kong and to the Commissioner of Correctional Services (hereinafter called the Commissioner). |
| (hereinafter called the young offender), being apparently of or over 14 and under 25 years of age, was on the . day of . 19. found guilty of a relevant offence: |
| The further hearing of the case being adjourned pending receipt from the Commissioner of a report as to the suitability of the young offender for detention. |
| You, the said police officers are therefore commanded to convey the young offender and deliver him to the Commissioner together with this warrant; and you the Commissioner to receive the young offender into your custody and keep him until the . day of . 19., and on that day you, the said police officers are required to convey him |
| * | ｛ | Court of First Instance | ||
| before the | District Court | sitting at | ||
| Magistrate’s Court |
| at the hour of . in the . noon to be further dealt with according to law, unless otherwise ordered in the meantime. |
| Dated this . day of . 19 . |
| *Judge/District Judge/Magistrate | |
| * Delete whichever is inapplicable. |
_
| Form 3 | ||
| [s. 5(1)] |
| To (1) |
| I Hereby Order that upon your release from |
| Detention Centre, you shall be subject to supervision by (2) |
| . until the . day of . 19. |
| and during such period of supervision you shall comply with the following requirements: |
| Dated this . day of . 19 . |
| Commissioner of Correctional Services |
| Note: | (1) | Insert name of detainee detained in detention centre. |
| (2) | Insert name of supervising organization or person. |
_
| Form 4 | ||
| [s. 6(1)] |
| To |
| (1) |
| (2) |
| Being satisfied that (1) |
| a person against whom a supervision order was made dated |
| .and who was released subject to supervision by (2) |
| . has failed to comply with the requirements of the supervision order, I do hereby order the recall of (1) |
| . to . Detention Centre. |
| Dated this . day of . 19 . |
| Commissioner of Correctional Services |
| Note: | (1) | Insert name of person under supervision. |
| (2) | Insert name of supervising organization or person. |