To provide for the cure and rehabilitation of persons found guilty of criminal offences who are suffering from addiction to a dangerous drug.
[17 January 1969] L.N. 3 of 1969
(Format changes—E.R. 4 of 2019)
This Ordinance may be cited as the Drug Addiction Treatment Centres Ordinance.
In this Ordinance, unless the context otherwise requires—
addiction treatment centre (戒毒所) means any place or building appointed by the Secretary for Security under section 3; (Amended 41 of 1977 s. 2) Commissioner (署長) means the Commissioner of Correctional Services; (Amended L.N. 30 of 1982) dangerous drug (危險藥物) has the meaning that it has for the purposes of the Dangerous Drugs Ordinance (Cap. 134); detention order (羈留令) means any order of detention made under section 4(1); recall order (召回令) means an order made under section 6(1); (Replaced 5 of 1974 s. 2) relevant offence (有關罪行) means an offence punishable with imprisonment otherwise than for non-payment of a fine; supervision order (監管令) means an order for supervision made under section 5(1).The Secretary for Security may by order appoint any place or building to be an addiction treatment centre for the cure and rehabilitation of persons found guilty of a relevant offence who are addicted to any dangerous drug.
(Amended 41 of 1977 s. 3)
Where a person is found guilty of a relevant offence and the court is satisfied that in the 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 cure and rehabilitation in an addiction treatment centre, the court may, in lieu of imposing any other sentence, order that such person be detained in an addiction treatment centre.
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; 24 of 1986 s. 2)
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.
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 of 1986)
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.
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)
The Commissioner may at any time vary or cancel a supervision order.
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 at level 2 and to imprisonment for 12 months. (Added 32 of 1983 s. 2. Amended E.R. 4 of 2019)
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.
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)
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)
Where a person is detained under a recall order the supervision order in force at the time of that recall order shall cease to have effect during the period of his detention and, if he is released from detention under that recall order within a period of 12 months from the date on which the supervision order came into force, shall again have effect until the expiration of that period. (Added 24 of 1986 s. 3)
Subsection (4) shall not apply where the supervision order was made before the commencement# of the Drug Addiction Treatment Centres (Amendment) Ordinance 1986 (24 of 1986). (Added 24 of 1986 s. 3)
(Replaced 5 of 1974 s. 4)
If a person in respect of whom a detention order, a supervision order or a recall order is in force is sentenced to imprisonment— (Amended 32 of 2000 s. 4)
for a term of 9 months or less (or in the case of a detention order, supervision order or recall order made before the commencement# of the Drug Addiction Treatment Centres (Amendment) Ordinance 1986 (24 of 1986), 2 years or less), the detention order, supervision order or recall order shall be suspended until the expiration of his term of imprisonment;
for a term of more than 9 months (or in the case of a detention order, supervision order or recall order made before the commencement# of the Drug Addiction Treatment Centres (Amendment) Ordinance 1986 (24 of 1986), 2 years) or a new detention order is made in respect of him, the first-mentioned detention order, or the supervision order or recall order, as the case may be, shall cease to have effect. (Amended 24 of 1986 s. 4)
If a person in respect of whom—
a detention order is in force is further sentenced to detention in a training centre, his detention in such a training centre shall take effect on the expiration of the detention order;
a supervision order is in force is further sentenced to detention in a training centre, the supervision order shall lapse;
a recall order is in force is further sentenced to detention in a training centre—
the recall order shall lapse; or
his detention in such a training centre shall take effect on the expiration of the recall order,
as may be decided by the Commissioner. (Added 32 of 2000 s. 4)
(Added 5 of 1974 s. 5)
A supervision order shall lapse if the person against whom it was made is under any other Ordinance placed under the supervision of a probation officer or any other person other than the Commissioner.
This section shall not apply in the case of a supervision order made before the commencement# of the Drug Addiction Treatment Centres (Amendment) Ordinance 1986 (24 of 1986).
(Added 24 of 1986 s. 5)
If a police officer reasonably suspects that a person in respect of whom a detention order or a recall order is in force is unlawfully at large, he may arrest such person and take him to the place in which he is required to be detained.
If an officer of the Correctional Services Department specified in a supervision order made in respect of a person against whom a recall order is in force, or such other officer of that Department as the Commissioner may substitute for the officer so specified by a variation of that supervision order, reasonably suspects that that person is unlawfully at large, he may arrest such person and take him to the place in which he is required to be detained. (Added 14 of 1988 s. 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 Chief Executive otherwise directs. (Amended 15 of 1999 s. 3)
(Amended 5 of 1974 s. 6)
If the Chief Executive 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 Chief Executive may order such person to be transferred to and detained in a prison for a period not exceeding— (Amended 15 of 1999 s. 3)
the balance of the period during which such person might have been detained in an addiction treatment centre; or
the term of imprisonment to which such person was liable for the offence of which he was found guilty,
whichever is the less.
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.
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.
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)
If the Chief Executive 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 Chief Executive may order such person to be transferred to and detained in an addiction treatment centre.
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)
A person in respect of whom the Chief Executive makes an order under subsection (1) shall be deemed to have been ordered to be detained in an addiction treatment centre in accordance with section 4(1) from the date of the making of the order.
(Added 5 of 1974 s. 7. Amended 15 of 1999 s. 3)
Subject to any regulations made under section 10 of this Ordinance, sections 9 to 12 inclusive, 16 to 22 inclusive and 24 of the Prisons Ordinance (Cap. 234) and the Prison Rules (Cap. 234 sub. leg. A) shall apply to an addiction treatment centre and to the staff thereof and to persons therein in respect of whom detention orders or recall orders are in force in like manner as if such persons were prisoners and an addiction treatment centre were a prison, and such Ordinance and Rules shall be read with such verbal alterations and modifications not affecting their substance as are necessary to render the same conveniently applicable: (Amended 5 of 1974 s. 8; E.R. 4 of 2019)
Provided that in the event of conflict between this Ordinance and the Prisons Ordinance (Cap. 234) this Ordinance shall prevail.
The Chief Executive in Council may make regulations for all or any of the following matters— (Amended 15 of 1999 s. 3)
the regulation and management of addiction treatment centres;
the treatment, employment, discipline, control and welfare of persons detained in addiction treatment centres;
forms required for the purposes of this Ordinance; and
generally for the better carrying out of the purposes of this Ordinance.
The Chief Executive may give to the Commissioner such directions as he thinks fit with respect to the exercise or performance of his powers, functions or duties under this Ordinance, either generally or in any particular case.
The Commissioner shall, in the exercise or performance of his powers, functions or duties under this Ordinance, comply with any directions given by the Chief Executive under subsection (1).
(Amended 15 of 1999 s. 3)