Hong Kong: Detention Centres Ordinance of 1972

Chapter: 239
DETENTION CENTRES ORDINANCE

Long title

To provide for the detention of young offenders and for matters incidental thereto or connected therewith.

(Originally 12 of 1972)

Section: 1Short title

This Ordinance may be cited as the Detention Centres Ordinance.

Section: 2Interpretation

In this Ordinance, unless the context otherwise requires-

"Commissioner" means the Commissioner of Correctional Services;

(Amended L.N. 30 of 1982)

"detainee" means a person against whom a detention order or recall order is in force; (Amended 84 of 1976 s. 2)

"detention" means detention in a detention centre;

"detention centre" means a place or building appointed under

section 3; (Amended 84 of 1976 s. 2)

"detention order" means an order of detention made under section 4(l);

"recall order" means an order made under section 6(1) requiring a person to return to a detention centre;

"relevant offence" means an offence punishable by imprisonment otherwise than for non-payment of a fine, but not an offence the sentence for which is fixed by law-,

"supervision order" means an order for supervision made under section 5(l);

"training centre" means an institution established as a training centre under section 3 of the Training Centres Ordinance (Cap 280);

"young offender" means an offender of or over 14 and under 25 years of age. (Replaced 84 of 1976 s.2)

Section: 3Heading- Detention centres

The Secretary for Security may, by order published in the Gazette, appoint a place or building to be a detention centre, in which young offenders may be detained in custody.

Section: 4Detention order

(1)Where a person who is apparently a young offender is found guilty of a relevant offence the court may, if it is of the opinion 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 detention in a detention centre, in lieu of imposing any other sentence, make a detention order against him.

(1A) In making a detention order against a person the court shall state in such order whether such person is apparently under 21 years of age or apparently of or over 21 years of age. (Added 84 of 1976 s. 4)

(2)A person against whom a detention order is in force shall be detained in a detention centre for such period from the date of the order as the Commissioner, having regard to the health and conduct of such person, may determine, being a period which-

(a)in the case of a person stated in the detention order to be apparently of or over 21 years of age, is not less than 3 months and not more than 12 months;

(b)in the case of a person stated in the detention order to be apparently under that age, is not less than 1 month and not more than 6 months, and shall then be released. (Replaced 84 of 1976 s. 4)

(3)A detention order shall not be made against a person who has previously served a sentence of imprisonment or of detention in a training centre.

(Amended 84 of 1976 s. 4)

(4)A court shall not make a detention order against a young offender unless the Commissioner has not earlier than 1 month before the date of the order informed the court that in his opinion the young offender is suitable for detention and that a place is available for him in a detention centre.

(Amended 84 of 1976 s. 4)

(5)A court may, after conviction of a young offender, remand him in the custody of the Commissioner for such period, not exceeding 3 weeks, as the court thinks necessary to enable the Commissioner to form an opinion as to whether or not the young offender is suitable for detention.

Section: 5Supervision order-

(1)The Commissioner may make a supervision order-

(a)against a person who is released under section 4(2),

(b)against a person who is released under section 6(3) before the expiration of 12 months from the date when he was last released under section 4(2). (Replaced 84 of 1976 s. 5)

(2)A supervision order shall contain conditions that-

(a)for the period stated therein, which in the case of a person released under section 4(2) shall not exceed 12 months from the date of his release and in the case of a person released under section 6(3) shall not exceed 12 months from the date when he was last released under section 4(2), the person released shall be subject to supervision by such organization or person as may be specified therein; (Replaced 84 of 1976 s. 5)

(b)the person released shall, while under such supervision, comply with such requirements, including requirements as to residence, as may be specified therein.

(3)The Commissioner may at any time vary or cancel a supervision order.

(4)A person who fails to comply with a condition of a supervision order which has been made against him shall be guilty of an offence and liable on conviction to a fine of $5000 and to imprisonment for 12 months.

Section: 6Recall order

(1)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 a detention centre, and thereupon such person may be arrested and taken to a detention centre.

(2)A person taken to a detention centre under subsection (1) may be detained-

(a)in the case of a person stated in the detention order to be apparently of or over 21 years of age, until the expiration of 12 months from the date of the detention order, or 3 months from the date of his being arrested under the recall order, whichever is the later-,

(b)in the case of a person stated in the detention order to be apparently under that age, until the expiration of 6 months from the date of the detention order, or 3 months from the date of his being arrested under the recall order, whichever is the later. (Replaced 49 of 1978 s. 2)

(3)The Commissioner may at any time release a person in respect of whom a recall order is in force. (Amended 84 of 1976 s. 6)

Section: 7Sentence of detention in training centre and imprisonment for detained person

(1)If a person in respect of whom a detention order, a supervision order or a recall order is in force is sentenced(a) to detention in a training centre; or (b) to a term of imprisonment which is not suspended, the detention order, supervision order or recall order shall lapse.

(2)A detention order, a supervision order or a recall order made against any person on whom a suspended sentence has been passed (whether made before or after the suspended sentence was passed) shall lapse if that suspended sentence is ordered to take effect.

Section: 8Arrest etc. of persons unlawfully at large

(1)A police officer may, if he reasonably suspects that a detention order or a recall order is in force against a person and that such person is unlawfully at large, arrest such person and take him to a detention centre.

(1A)An officer of the Correctional Services Department specified in a supervision order made in respect of a person against whom a recall order has been made or such other officer of that Department as the Commissioner may substitute for the officer so specified by a variation of that supervision order may, if he reasonably suspects that that recall order is in force against that person and that such person is unlawfully at large, arrest such person and take him to a detention centre. (Added 14 of 1988 s. 2)

(2)Any period during which a person against 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 the detention order or recall order, unless the Governor otherwise directs in a particular case.

Section: 8ATransfers from detention centre to Date: prison or training centre

If a detainee is reported to the Governor by the Commissioner to be-

(a)physically or mentally incapable of full participation in the programme of a detention centre;

(b)exercising a bad influence on the other inmates of the detention centre; or

(c)incorrigible,

the Governor may direct-

(i)that such detainee be detained in a training centre; or

(ii)that he be detained in prison for such term as the Governor may, after consultation where practicable with the judge or magistrate who made the detention order, determine, not exceeding the maximum term of imprisonment to which he was liable for the offence of which he was convicted, and for the purposes of this Ordinance and for the purposes of the Training Centres Ordinance (Cap 280) or the Prisons Ordinance (Cap 234), according to whether such detainee is directed to be detained in a training centre or in prison, he shall be deemed to be a person who, on the day on which the detention order was made against him, had instead been sentenced to detention in a training centre or, as the case may be, to imprisonment for the term so determined by the Governor.

Section: 9Visitors

(1)The Governor may appoint visitors for the purpose of visiting detention centres.

(2)A detention centre shall be visited by 2 visitors together at least once a month.

(3)Visitors shall exercise and perform the powers and duties conferred on visiting justices and visiting committees under the Prisons Ordinance (Cap 234).

Section: 10Application of Prisons Ordinance (Cap. 234)

Subject to any regulations made under section 11 of this Ordinance, sections 9 to 12 inclusive, 17 to 21 inclusive and 24 of the Prisons Ordinance (Cap 234), and the Prison Rules (Cap 234 sub. leg.), shall apply to a detention centre and to the staff thereof and to detainees in like manner as if the detainees were prisoners and a detention 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 applicable:

Provided that in the event of conflict between this Ordinance and the Prisons Ordinance (Cap 234), this Ordinance shall prevail.

<*Note-Exp.x-Ref: 9, 10, 11, 12, 17, 17A, 18, 18A, 19, 20, 20A, 20B, 20C, 20D, 20E, 20F, 21 of Cap 234*>

Section: 11Regulations

The Governor in Council may make regulations for all or any of the following matters-

(a)the regulation and management of detention centres;

(b)the treatment, employment, discipline, control and welfare of persons detained in detention centres;

(c)forms required for the purposes of this Ordinance, and

(d)generally for the better carrying out of the purposes of this Ordinance.

Section: 12Power of Governor to give directions

(1)The Governor 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 a particular case.

(2)The Commissioner shall, in the exercise or performance of his powers, functions and duties under this Ordinance, comply with any directions given by the Governor under subsection (1).

Chapter: 239A
DETENTION CENTRES REGULATIONS

Empowering section

Regulation: 1Citation

These regulations may be cited as the Detention Centres Regulations.

Regulation: 2Interpretation

In these regulations, unless the context otherwise requires-

"Officer-in-charge" means an officer appointed under regulation 3(2)(b) to be in charge of a detention centre;

"Superintendent" means the officer appointed under regulation 3(2) (a) to assist the Commissioner in the administration of detention centres.

Regulation: 3Administration of detention centres

(1)The Commissioner shall have the general charge and control of all detention centres.

(2)The Commissioner shall appoint-

(a)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;

(b)an officer of the Correctional Services Department to be Officer-in-charge of each detention centre; and

(c)such officers of the Correctional Services Department and other persons as he may consider necessary for service in detention centres.

Regulation: 4Reception of detainees

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.

Regulation: 5Medical examination

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.

Regulation: 6Personal record of detainees

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.

Regulation: 7Grades

(1)Detainees shall be divided into such grades as the Commissioner may approve.

(2)The privileges of each grade shall be specified by the Commissioner.

Regulation: 8Recreation

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.

Regulation: 9Work

(1)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.

(2)Such work shall, as far as possible, involve physical effort.

(3)A detainee shall not receive any payment for work done.

Regulation: 10Diet

A detainee shall be supplied with food in accordance with such scales of diet as the Governor may from time to time approve.

Regulation: 11Religious services and instruction

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.

Regulation: 12Board to make recommendations for detainee's discharge

(1)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.

(2)The Board shall cause a detainee to be brought before it at monthly intervals during his detention.

Regulation: 13Supervision order

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.

Regulation: 14Leave of absence

(1)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.

(2)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.

(3)A detainee who, without lawful excuse-

(a)fails to return to the detention centre at or before the expiration of the period for which he has been granted leave; or

(b)fails to reside at the address specified in the pass issued under paragraph (2), shall be guilty of a disciplinary offence.

Regulation: 15Disciplinary offences

A detainee who commits any of the offences enumerated in rule 61 of the Prison Rules (Cap 234 sub. leg.) as applied by section 10 of the Ordinance shall be guilty of a disciplinary offence.

Regulation: 16: Punishment which may be imposed by the Officer-in-charge

(1)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-

(a)(Repealed L.N. 191 of 1990)

(b)(Repealed L.N. 165 of 1983)

(c)solitary confinement for a period not exceeding 14 days;

(d)forfeiture of privileges for a period not exceeding 1 month;

(e)reduction of grade;

(f)a caution.

(2)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.

(3)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).

(4)(Repealed L.N. 165 of 1983)

(5)(Repealed L.N. 191 of 1990)

(6)Rule 63 of the Prisons Rules (Cap 234 sub. leg.) shall not apply to or in respect of detainee.

Regulation: 17Forms

The forms set out in the Schedule shall be used for the purposes specified therein.

Schedule: 1

Remarks:
Amendments retroactively made - see 25 of 1998 s. 2

[forms are not reproduced here]

Chapter: 239B
DETENTION CENTRE (CONSOLIDATION) ORDER

Empowering section

(Cap 239 section 3)

[16 June 1972]

(L. N. 122 of 1972; L. N. 106 of 1973; L. N. 110 of 1973; L. N. 232 of 1978; L.N. 286 of 1978; L.N. 280 of 1979; L.N. 182 of 1982)

Paragraph: 1Citation

This order may be cited as the Detention Centre (Consolidation) Order.

Paragraph: 2Appointment of Sha Tsui Detention Centre

The site and buildings situated at Shek Pik on the island of Lantau, New Territories, and hitherto known as Shek Pik Training Centre is appointed to be a detention centre and shall be known as Sha Tsui Detention Centre.