### Fixed Penalty (Criminal Proceedings) Regulations 《定額罰款(刑事訴訟)規例》

1. Citation
These regulations may be cited as the Fixed Penalty (Criminal Proceedings) Regulations.

2. Notices under section 3
(1) A notice under section 3(1) of the Ordinance shall be in accordance with Form 1 in the Schedule.
(2) A notice under section 3(3) of the Ordinance shall be in accordance with Form 2 in the Schedule.
(3) A notice under section 3(3) of the Ordinance shall be valid if the name of the Commissioner of Police or a police officer authorized by him is printed or signed thereon.

3. Payment of fixed penalty
(1) A person who receives a notice under section 3(1) or (3) of the Ordinance may pay the fixed penalty within the period of time stated in the notice—
(a) by post addressed to the Treasury; (L.N. 165 of 2001; L.N. 14 of 2018)
(b) personally or through the person’s agent at a counter of any post office other than a mobile post office; (L.N. 14 of 2018)
(c) through any automated teller machine of a bank; (L.N. 165 of 2001)
(d) by phone by using the service commonly known as PPS; (L.N. 165 of 2001; 10 of 2008 s. 50; L.N. 14 of 2018)
(e) through the Internet; or (L.N. 165 of 2001; L.N. 14 of 2018)
(f) through the phone-banking service provided by a bank. (L.N. 14 of 2018)
(2) A person who wishes to pay the fixed penalty in accordance with subregulation (1)(a) or (b) shall deliver the notice to which the payment relates together with the remittance in accordance with the payment instructions as set out in the notice.
(3) When any payment is made in accordance with this regulation, it shall be of the amount specified in the notice or, where payment is made in respect of more than one notice, of the total amounts specified in the notices.
(4) Where any amount is paid otherwise than in accordance with this regulation, the Director of Accounting Services may return it to the payer.
(5) Subject to subregulation (4), the Director of Accounting Services shall, as soon as practicable after payment of a fixed penalty has been made in accordance with subregulation (1)(b), send to the person paying a receipt for the payment.
(L.N. 16 of 1977; L.N. 165 of 2001)

### Fixed Penalty (Criminal Proceedings) Regulations 《定額罰款(刑事訴訟)規例》

4. Certificate under section 8
A certificate under section 8 of the Ordinance shall be in accordance with Form 3 in the Schedule.

5. Certificate under section 10
A certificate under section 10(3) of the Ordinance shall be in accordance with Form 4 in the Schedule.

### Detention Centres Ordinance 《勞敎中心條例》

1. Short title
This Ordinance may be cited as the Detention Centres Ordinance.

2. Interpretation
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 (勞敎中心) 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 (敎導所) 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)

3. 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.
(Amended 84 of 1976 s. 3)

### Detention Centres Ordinance 《勞敎中心條例》

4. Detention 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; (Amended L.N. 95 of 1993)
(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.