Detention Centres Ordinance


Published: 1997-06-30

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Cap 239 - DETENTION CENTRES ORDINANCE 1

Chapter: 239 DETENTION CENTRES ORDINANCE Gazette Number Version Date

Long title 30/06/1997


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


[16 June 1972] L.N. 121 of 1972

(Originally 12 of 1972)

Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Detention Centres Ordinance.

Section: 2 Interpretation 30/06/1997


In this Ordinance, unless the context otherwise requires-
"Commissioner" (署長) means the Commissioner of Correctional Services; (Amended L.N. 30 of 1982)
"detainee" (受訓生) means a person against whom a detention order or recall order is in force; (Amended 84 of 1976

s. 2)
"detention" (羈留) means detention in a detention centre;
"detention centre" (勞教中心) means a place or building appointed under section 3; (Amended 84 of 1976 s. 2)
"detention order" (羈留令) means an order of detention made under section 4(1);
"recall order" (召回令) means an order made under section 6(1) requiring a person to return to a detention centre;
"relevant offence" (有關罪行) 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" (監管令) means an order for supervision made under section 5(1);
"training centre" (教導所) means an institution established as a training centre under section 3 of the Training Centres

Ordinance (Cap 280);
"young offender" (青少年犯) means an offender of or over 14 and under 25 years of age. (Replaced 84 of 1976 s. 2)

Section: 3 Detention centres 30/06/1997


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.

(Amended 84 of 1976 s. 3)

Section: 4 Detention order 30/06/1997


(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,



Cap 239 - DETENTION CENTRES ORDINANCE 2

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: 5 Supervision order 30/06/1997


(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: 6 Recall order 30/06/1997


(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: 7 Sentence of detention in training centre, etc. and

imprisonment for detained person
32 of 2000 09/06/2000



(1) If a person in respect of whom a detention order, a supervision order or a recall order is in force is
sentenced-

(aa) further to detention in a detention centre; (Added 32 of 2000 s. 3)
(a) to detention in a training centre or an addiction treatment centre; or (Amended 32 of 2000 s. 3)
(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.



Cap 239 - DETENTION CENTRES ORDINANCE 3

(Replaced 84 of 1976 s. 7)

Section: 8 Arrest etc. of persons unlawfully at large 15 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 15 of 1999 s. 3


(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 Chief Executive otherwise directs in a particular case. (Amended 15 of 1999 s. 3)

Section: 8A Transfers from detention centre to prison or training

centre
15 of 1999 01/07/1997



Remarks:
Adaptation amendments retroactively made - see 15 of 1999 s. 3


If a detainee is reported to the Chief Executive 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 Chief Executive 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 Chief Executive 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 Chief Executive.

(Added 84 of 1976 s. 8. Amended 15 of 1999 s. 3)

Section: 9 Visitors 15 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 15 of 1999 s. 3


(1) The Chief Executive may appoint visitors for the purpose of visiting detention centres. (Amended 15 of
1999 s. 3)

(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: 10 Application of Prisons Ordinance (Cap 234) 30/06/1997


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. A), shall apply to a detention



Cap 239 - DETENTION CENTRES ORDINANCE 4

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.

Section: 11 Regulations 15 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 15 of 1999 s. 3


The Chief Executive in Council may make regulations for all or any of the following matters- (Amended 15 of
1999 s. 3)

(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: 12 Power of Chief Executive to give directions 15 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 15 of 1999 s. 3


(1) 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 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 Chief Executive under subsection (1).

(Amended 15 of 1999 s. 3)

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