Drug Addiction Treatment Centres Regulations
[17 January 1969]
(Format changes—E.R. 4 of 2019)
These regulations may be cited as the Drug Addiction Treatment Centres Regulations.
In these regulations, unless the context otherwise requires—
Board (委員會) means the Board of Review for an addiction treatment centre established under regulation 6; Deputy Commissioner (副署長) means the Deputy Commissioner of Correctional Services; inmate (所員) means a person detained or ordered to be detained under the Ordinance; Senior Superintendent (高級監督) means a Senior Superintendent of Correctional Services; (L.N. 137 of 1971) Superintendent (監督) means the superintendent of an addiction treatment centre appointed in accordance with the provisions of regulation 3(2)(a).The Commissioner shall have the general charge and supervision of all addiction treatment centres.
The Commissioner shall appoint—
an officer of the Correctional Services Department as Superintendent of an addiction treatment centre; and
such other officers of, and persons employed in, the Correctional Services Department for service in addiction treatment centres as he may think necessary.
The Superintendent of the addiction treatment centre to which an inmate is directed by the Commissioner shall make or cause to be made all necessary arrangements for the reception in the addiction treatment centre of the inmate named in the order.
Every inmate shall, as soon as possible after his admission to an addiction treatment centre, be interviewed by the Superintendent, who shall cause such personal particulars of the inmate as the Superintendent considers desirable to be recorded.
There shall be established in respect of each addiction treatment centre a Board of Review consisting of the following persons—
the Deputy Commissioner or a Senior Superintendent who shall be the Chairman; (L.N. 137 of 1971)
the Superintendent;
not less than 3 other officers of the Correctional Services Department or public officers, as the Commissioner may from time to time appoint.
Meetings of a Board shall be held at such times and places as the Chairman may appoint but at least once in every month.
At any meeting of a Board 3 members shall form a quorum.
Subject to the provisions of these regulations, a Board may regulate its procedure in such manner as it thinks fit.
The functions of a Board shall be—
to review the progress of each inmate since his admission and to make recommendations to the Commissioner relating to his release;
to make recommendations to the Commissioner concerning the desirability of transfer to prison of any inmate who is alleged to exercise a bad influence on inmates in the addiction treatment centre.
A Board, for the purpose of carrying out its functions, shall interview an inmate—
during the second month after the date of his admission; (L.N. 171 of 1977)
at least once in every 2 months during the 4 months following the first interview; and
thereafter at least once in each month. (L.N. 24 of 1974)
If, in the opinion of the Superintendent, an inmate is exercising a bad influence on other inmates in the addiction treatment centre, the Superintendent shall cause the inmate to be brought before the Board.
The Board shall examine the record of the inmate and, after giving him an opportunity of being heard and of calling evidence, may recommend to the Commissioner that an application be made under section 8(1) of the Ordinance for the transfer of the inmate to prison. (L.N. 24 of 1974)
A supervision order shall be read and explained to an inmate by, or in the presence of, the Superintendent prior to the release of the inmate from an addiction treatment centre.
Every inmate shall be supplied with food in accordance with such scales of diet as the Chief Executive shall from time to time approve.
The Superintendent may, if satisfied that an inmate belongs to a religious denomination, if the inmate so desires and it is reasonably practicable so to do, make arrangements for the inmate to attend appropriate religious services or instruction.
The Superintendent may require an inmate to attend any course, class or lecture which the Superintendent considers would be beneficial to the inmate.
The Commissioner may grant to an inmate leave of absence for a period not exceeding 72 hours at any one time.
An inmate granted leave of absence shall be given a pass in writing under the hand of the Commissioner setting out the period during which the inmate is permitted to be absent from the addiction treatment centre and the address at which the inmate is required to reside during his leave.
An inmate who, without lawful excuse—
fails to return to the addiction treatment 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.
An inmate who commits any of the offences enumerated in rule 61 of the Prison Rules (Cap. 234 sub. leg. A) as applied by section 9 of the Ordinance shall be guilty of a disciplinary offence.
An inmate who commits a disciplinary offence under regulation 13 or 14 shall be liable, by order of the Superintendent, to any one or more of the following punishments—
(Repealed L.N. 166 of 1983)
separate confinement for a period not exceeding 28 days;
forfeiture of privileges for a period not exceeding 3 months;
deprivation of earnings or part thereof;
deduction from earnings of the cost of any Government property lost, or wilfully damaged or destroyed by the inmate.
An inmate may appeal to the Commissioner against any order made by the Superintendent under paragraph (1), within 48 hours after the making of the order, by giving notice in writing to the Superintendent, and the Superintendent shall forthwith notify the Commissioner accordingly and shall 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 Superintendent was competent to make under paragraph (1).
The forms set out in the Schedule shall be used for the purposes specified therein.
| [s. 4(3)] |
| * | { | High District Magistrate’s | ｝ | ||
| In the | Court holden at | ||||
| 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 defendant) was on the . day of . 19 . found guilty of an offence punishable with imprisonment otherwise than for non-payment of a fine. | |||||
| The further hearing of the case being adjourned pending receipt from the Commissioner of a report as to the suitability of the defendant for cure and rehabilitation in an addiction treatment centre and on the availability of places therein. | |||||
| YOU, the said police officers are therefore commanded to convey the defendant and deliver him to the Commissioner together with this warrant; and you the said Commissioner to receive the said defendant 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 | |||||
| * | { | High District Magistrate’s | } | ||
| before the | Court sitting at | ||||
| at the hour of . in the . noon to be further dealt with according to law, unless otherwise ordered in the meantime. | |||||
| Date this . day of . 19 . | |||||
| *Judge/District Judge/Magistrate | |
| * Delete whichever is inapplicable. |
_
| [s. 4] |
| * | { | High District Magistrate’s | ｝ | ||
| In the | Court holden at | ||||
| 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 defendant) was on the . day of | |||||
| 19 . duly found guilty of an offence punishable with imprisonment, for that he on the . day of . 19 ., in Hong Kong did . contrary to . and it has been ordered that he be detained in an addiction treatment centre. | |||||
| These are therefore to command you the said police officers to take the defendant and deliver him to the Commissioner together with this order; and you the said commissioner to receive the defendant and keep him in your custody in accordance with the provisions of the said Ordinance, and for your so doing this shall be your sufficient warrant. | |||||
| Date 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. | ||
_
| [s. 5] |
| TO | |||
| I HEREBY ORDER that upon your release from | |||
| Addiction Treatment Centre, you shall be subject to supervision by | |||
| . until the . day of . 19 | |||
| and during such period of supervision you shall comply with the following requirements: | |||
| If you do not comply with the above requirements you are liable to be further detained in an addiction treatment centre. | |||
| Date this . day of . 19 . | |||
| Commissioner of Correctional Services |
| Note: | (1) | Name of person detained in addiction treatment centre. |
| (2) | Name of supervising organization or person. | |
| (3) | One year from date of release from addiction treatment centre. |
_
| [s. 6] |
| TO | |||
| Being satisfied that | |||
| a person in respect of whom a supervision order is in force dated | |||
| and who was released subject to supervision by | |||
| has failed to comply with the requirements of the supervision order, I do hereby order the recall of | |||
| to the . Addiction Treatment Centre. | |||
| Date this . day of . 19 . | |||
| Commissioner of Correctional Services |
| Note: | (1) | Insert name of person under supervision. |
| (2) | Insert name of supervising organization or person. |
_
| [s. 8] |
| Being satisfied on application by the Commissioner of Correctional Services that . a person detained in an addiction treatment centre, is exercising a bad influence on other persons detained therein: | |
| It is this day ordered that . be transferred to and detained in a prison for a period of | |
| Date this . day of . 19 . |
| Chief Executive |
_
| [s. 8A] |
| Being satisfied on application by the Commissioner of Correctional Services that . a person serving a sentence of imprisonment at . Prison, is addicted to a 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: | |
| It is this day ordered that . be transferred to and detained in the . Addiction Treatment Centre for a period of | |
| Date this . day of . 19 . |
| Chief Executive |