Training Centres Ordinance


Published: 1997-06-30

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Cap 280 - TRAINING CENTRES ORDINANCE 1

Chapter: 280 TRAINING CENTRES ORDINANCE Gazette Number Version Date

Long title 30/06/1997


To provide for the establishment of training centres for the training and reformation of offenders who have attained
the age of 14 years and have not attained the age of 21 years, and for purposes connected with the matters
aforesaid.

(Amended 52 of 1954 s. 2)


[6 March 1953]

(Originally 5 of 1953)

Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Training Centres Ordinance.

Section: 2 Interpretation 25 of 1998; 15 of

1999
01/07/1997



Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2; 15 of 1999 s. 3


In this Ordinance, unless the context otherwise requires-
"Commissioner" (署長) means the Commissioner of Correctional Services of Hong Kong or a Deputy Commissioner;

(Replaced 7 of 1956 s. 2. Amended L.N. 30 of 1982; 15 of 1999 s. 3)
"court" (法庭 ) means the Court of First Instance or the District Court or a permanent or special magistrate;

(Amended 92 of 1975 s. 59; 25 of 1998 s. 2)
"functions" (職能) includes powers and duties;
"judge" (法官) includes a judge of the District Court.

Section: 3 Provision of training centres 30/06/1997


(1) The Secretary for Security may establish institutions, hereinafter referred to as training centres-
(a) for the training and reformation of offenders who have attained the age of 14 years and have not

attained the age of 21 years; and
(b) to which persons who have attained the age of 14 years and have not attained the age of 21 years may

be remanded or committed under section 4A(1). (Replaced 26 of 1968 s. 2)
(2) The Secretary for Security may declare that such places and buildings as he may deem fit shall be used for

the purposes of a training centre, and any such declaration shall be published in the Gazette.
(Amended 63 of 1978 s. 2)


Section: 4 Sentence of detention in a training centre 15 of 1999 01/07/1997


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


(1) Where a person is convicted of an offence punishable with imprisonment, then if on the day of his
conviction he is in the opinion of the court not less than 14 but under 21 years of age, and the court is satisfied that it is
in the interest of the community and that having regard to his character and previous conduct, and to the circumstances
of the offence, it is expedient for his reformation and for the prevention of crime that he should undergo a period of
training in a training centre, the court may, in lieu of any other sentence, pass a sentence of detention in a training
centre. (Amended 52 of 1954 s. 2)



Cap 280 - TRAINING CENTRES ORDINANCE 2

(2) A person sentenced to detention shall be detained in a training centre for such period, not extending beyond
3 years from the date of his sentence, as the Commissioner may determine, and shall then be released:

Provided that the Commissioner shall not release any such person before the expiration of 6 months from the
date of his sentence, unless required to do so by direction of the Chief Executive. (Amended 4 of 1974 s. 2; 15 of
1999 s. 3)

(3) Before a sentence of detention is passed, the court shall consider any report or representations made by or
on behalf of the Commissioner on the offender's physical and mental condition and his suitability for such sentence;
and if the court is the District Court or a magistrate and has not received such a report or representations, it shall after
conviction remand the offender into the custody of the Commissioner for such a period or periods, not exceeding 3
weeks in the case of any single period, as the court thinks necessary to enable the report or representations to be made.

[cf. 1948 c. 58 s. 20 (1) & (7) & 2nd Sch. U.K.]

Section: 4A Remand or committal to custody in a training centre 30/06/1997


(1) A court on remanding or committing for trial a person who in the opinion of the court has attained the age
of 14 years and has not attained the age of 21 years and who is not released on bail shall, instead of committing him to
prison, commit him to custody in a training centre, there to be detained for the period for which he is remanded or
until he is thence delivered in due course of law:

Provided that it shall not be obligatory on the court so to commit him if the court certifies that he is of so unruly
a character that he cannot be safely so committed or that he is otherwise unsuitable for committal to custody in a
training centre. (Amended 4 of 1974 s. 3)

(2) A commitment under this section may be varied or, in the case of a person who proves to be of so unruly a
character that he cannot be safely detained in such custody, or to be otherwise unsuitable for committal to custody in a
training centre, revoked by any court, and if it is so revoked the person may be committed to prison. (Amended 4 of
1974 s. 3)

(3) Nothing in subsection (1) shall affect the power of a juvenile court to remand a child or young person to
custody in a place of detention as provided by section 7(1) of the Juvenile Offenders Ordinance (Cap 226).

(Added 26 of 1968 s. 3) [cf. 1908 c. 67 s. 97 U.K.]

Section: 5 Supervision 30/06/1997


(1) A person after his release from a training centre and until the expiration of 3 years from the date of his
release may be subjected to supervision by such society or person as may be specified in a notice to be given him by
the Commissioner on his release, and shall, while under supervision, comply with such requirements, including
requirements as to residence, as may be so specified: (Amended 4 of 1974 s. 4; 44 of 1987 s. 5)

Provided that the Commissioner may at any time modify or cancel any of the said requirements or order that a
person who is under supervision as aforesaid shall cease to be under supervision.

(1A) A person who fails to comply with any requirement for the time being specified in a notice given to him
under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $5000 and to
imprisonment for 12 months. (Added 4 of 1974 s. 4)

(2) If the Commissioner is satisfied that a person under supervision has failed to comply with any requirement
for the time being specified in the notice given to him under subsection (1), the Commissioner may by order recall
such person to a training centre, and thereupon such person shall be liable to be detained in a training centre until the
expiration of 3 years from the date of his sentence, or the expiration of 6 months from the date of his being taken into
custody under the order, whichever is the later, and, if at large, such person shall be deemed to be unlawfully at large:

Provided that-
(a) any such order shall, at the expiration of 3 years from the date he is first released, cease to have effect

unless the person to whom it relates is then in custody thereunder; and
(b) the Commissioner may at any time release a person who is detained in a training centre under this

subsection; and the foregoing provisions of this section shall apply in the case of a person so released
as they apply in the case of a person released under section 4(2).

(Amended 4 of 1974 s. 4)




Cap 280 - TRAINING CENTRES ORDINANCE 3

Section: 5A Effect of imprisonment or further sentence of detention 32 of 2000 09/06/2000


(1) If a person in respect of whom a sentence of detention in a training centre, or a supervision notice or order
of recall under section 5, is in force is sentenced to imprisonment-

(a) for a term of 2 years or less and the sentence of imprisonment is not suspended, the sentence of
detention, supervision notice or order of recall shall be suspended until the expiration of his term of
imprisonment; (Amended 63 of 1978 s. 3)

(b) for a term of more than 2 years or a new sentence of detention in a training centre is passed on him, the
first- mentioned sentence of detention in a training centre, or the supervision notice or order of recall,
as the case may be, shall cease to have effect.

(2) A sentence of detention in a training centre, or a supervision notice or order of recall under section 5,
passed on, given to or made against any person on whom a suspended sentence of imprisonment has been passed
(whether passed, given or made before or after the suspended sentence was passed) shall, if that suspended sentence is
ordered to take effect, be suspended until the expiration of his term of imprisonment. (Added 63 of 1978 s. 3)

(3) If a person in respect of whom-
(a) a sentence of detention in a training centre under section 4 is in force is further sentenced to detention

in an addiction treatment centre-
(i) his detention in a training centre shall be suspended until he is released from the addiction

treatment centre; and
(ii) any supervision order made against him under section 5 of the Drug Addiction Treatment

Centres Ordinance (Cap 244) may be waived or suspended as may be decided by the
Commissioner;

(b) a supervision notice under section 5 is in force is further sentenced to detention in an addiction
treatment centre-
(i) the supervision notice shall be suspended until he is released from the addiction treatment centre;

and
(ii) where on the date of his release from the addiction treatment centre, his supervision under the

supervision notice-
(A) remains more than 1 year, he shall, at the same time, be subject to supervision under any

supervision order which may be made against him under section 5 of the Drug Addiction
Treatment Centres Ordinance (Cap 244); or

(B) remains 1 year or less, he shall only be required to be subject to supervision under any
supervision order which may be made against him under section 5 of the Drug Addiction
Treatment Centres Ordinance (Cap 244);

(c) an order of recall under section 5 is in force is further sentenced to detention in an addiction treatment
centre, the order of recall shall be suspended until he is released from the addiction treatment centre or
shall be treated as lapsed as may be decided by the Commissioner. (Added 32 of 2000 s. 5)

(Added 4 of 1974 s. 5)

Section: 6 Provisions as to arrest and further detention of persons

unlawfully at large
15 of 1999 01/07/1997



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


(1) Any person sentenced to detention who is or is deemed to be unlawfully at large may be arrested by any
police officer without warrant and taken to the place in which he is required by law to be detained.

(1A) Any person in respect of whom a supervision notice has been made under section 5 and against whom an
order of recall has been made under subsection (2) of that section who is or is deemed to be unlawfully at large may be
arrested without warrant by any officer of the Correctional Services Department specified in that supervision notice, or
such other officer of that Department as the Commissioner may substitute for the officer so specified by a
modification of the requirements of that notice, and taken to the place in which he is required by law to be detained.
(Added 14 of 1988 s. 2)

(2) Where any person sentenced to detention is unlawfully at large at any time during the period for which he is
liable to be detained in pursuance of the sentence, then unless the Chief Executive otherwise directs no account shall



Cap 280 - TRAINING CENTRES ORDINANCE 4

be taken in calculating the period for which he is liable to be so detained of any time during which he was absent from
the training centre: (Amended 15 of 1999 s. 3)

Provided that-
(a) this subsection shall not apply to any period during which any such person as aforesaid is detained in

prison pursuant to the sentence of any court; and
(b) nothing contained in this subsection shall be construed as extending the period during which a person

sentenced to detention is liable to supervision under section 5.

Section: 7 Transfers from prison to training centre and vice versa 15 of 1999 01/07/1997


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


(1) If the Chief Executive is satisfied that a person serving a sentence of imprisonment is under 21 years of age
and might with advantage be detained in a training centre, he may, after consultation where practicable with the judge
or magistrate who passed the sentence, authorize the Commissioner to transfer such person to a training centre; and
the provisions of this Ordinance shall thereupon apply to such person as if he had on the date of the transfer been
sentenced to detention in a training centre: (Amended 52 of 1954 s. 2)

Provided that if on that date the unexpired term of his sentence is less than 3 years, those provisions shall apply
to him as if he had been sentenced to detention in a training centre 3 years before the expiration of that term.

(2) If a person in respect of whom a sentence of detention in a training centre is in force is reported to the Chief
Executive by the Commissioner to be incorrigible, or to be exercising a bad influence on the other inmates of the
training centre, the Chief Executive may commute the unexpired part of the term for which the said person is then
liable to be detained in a training centre to such term of imprisonment as the Chief Executive may determine, not
exceeding the said unexpired part or the term to which the said person was liable for the offence of which he was
convicted, whichever be the less; and for the purpose of this Ordinance, the said person shall be treated as if he had
been sentenced to imprisonment for the term so determined by the Chief Executive. (Amended 4 of 1974 s. 6)

(Amended 15 of 1999 s. 3)
[cf. 1948 c. 58 s. 59 U.K.]


Section: 8 Application of Prisons Ordinance (Cap 234), Mental

Health Ordinance (Cap 136) and Evidence Ordinance
(Cap 8)

30/06/1997



(1)Subject to any regulations made under section 10 of this Ordinance, the provisions of-
(a) sections 9 to 12 inclusive, section 16, sections 17 to 21 inclusive and section 23 of the Prisons

Ordinance (Cap 234);
(b) the Prison Rules (Cap 234 sub. leg. A); and
(c) sections 55 and 56 of the Mental Health Ordinance (Cap 136),

shall apply to training centres and to the staff thereof and to persons sentenced to detention therein under section 4(1)
or committed thereto under section 4A(1) in like manner as if the persons so detained were prisoners and a training
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 conveniently applicable: (Amended 7 of 1956 s. 3; 26 of 1968 s. 4;
4 of 1974 s. 7)

Provided that-
(a) in the event of conflict between the provisions of this Ordinance and the provisions of the Prisons

Ordinance (Cap 234) or the Mental Health Ordinance (Cap 136) the provisions of this Ordinance shall
prevail;

(b) a person committed under section 4A(1) shall be treated as a prisoner awaiting trial. (Replaced 26 of
1968 s. 4)

(2) (Repealed 4 of 1974 s. 7)
(3) Section 81 of the Evidence Ordinance (Cap 8) shall apply to persons detained in a training centre by virtue

of this Ordinance in like manner as if they were prisoners.
(4) In any enactment enacted prior to the commencement of this Ordinance, the term "prison" (監獄) shall be



Cap 280 - TRAINING CENTRES ORDINANCE 5

deemed to include a training centre and the term "prisoner" (囚犯) to include a person detained in a training centre:
(Amended 55 of 1971 s. 66)

Provided that this subsection shall have no application if its application would lead to conflict between such
enactment and any provision of this Ordinance or any regulation made under section 10.

Section: 9 Detention orders 30/06/1997


(1) Where a court passes a sentence of detention in a training centre upon any person, it shall make an order in
writing under the seal of the court in the prescribed form.

(2) The court shall cause such order to be delivered with the person to whom it relates to the Commissioner,
and such order shall be sufficient authority for the detention of such person in accordance with the provisions of this
Ordinance.

Section: 10 Regulations 15 of 1999 01/07/1997


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


The Chief Executive in Council may by regulation provide for- (Amended 15 of 1999 s. 3)
(a) the regulation and management of training centres;
(b) the treatment, employment, discipline, control and welfare of the persons detained therein;
(c) the appointment of visiting justices and visiting committees and the functions of such justices and

committees;
(d) forms to be used for the purposes of this Ordinance and any regulations made thereunder;
(e) the modification in relation to training centres or persons detained therein of any enactment which by

virtue of section 8 would apply to training centres or persons detained therein, or that any such
enactment shall cease to apply to training centres or persons detained therein; and

(f) the better carrying into effect of the provisions of this Ordinance.

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