### Drug Addiction Treatment Centres Ordinance 《戒毒所條例》

4. Detention order
(1) 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.
(2) 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)
(3) 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.
(4) 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)
(5) 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.

5. Supervision order
(1) 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)
(2) The Commissioner may at any time vary or cancel a supervision order.
(3) 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)

### Drug Addiction Treatment Centres Ordinance 《戒毒所條例》

6. Recall 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 an addiction treatment centre; and thereupon such person may be arrested and taken to an addiction treatment centre and detained there.
(2) 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)
(3) 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)
(4) 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)
(5) 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)

### Drug Addiction Treatment Centres Ordinance 《戒毒所條例》

6A. Effect of imprisonment or further detention order
(1) 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)
(a) 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;
(b) 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)
(2) If a person in respect of whom—
(a) 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;
(b) a supervision order is in force is further sentenced to detention in a training centre, the supervision order shall lapse;
(c) a recall order is in force is further sentenced to detention in a training centre—
(i) the recall order shall lapse; or
(ii) 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)

6B. Lapse of supervision order
(1) 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.
(2) 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)