### Rehabilitation Centres Ordinance 《更生中心條例》

4. Detention order
(1) Subject to subsection (2), where a person who is apparently a young offender is found guilty of a relevant offence, the court may, in lieu of any other sentence, make a detention order against him if the court is satisfied that having regard to the character and conduct of the person and the circumstances of the case, it would be in the interest of the community and the person himself that he should undergo a period of detention.
(2) A detention order shall only be made against a person who—
(a) is, in the opinion of the court, not less than 14 but under 21 years of age on the day of his conviction;
(b) is not serving and has not previously served a sentence of imprisonment;
(c) is not serving and has not previously served a sentence of detention in—
(i) a detention centre;
(ii) a training centre; or
(iii) an addiction treatment centre;
(d) is physically, mentally and medically fit to be detained in a rehabilitation centre;
(e) is apparently an offender for whom a short-term custodial sentence is appropriate; and
(f) is certified medically to be not drug dependent at the time of his conviction.
(3) 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 ascertain the suitability of the offender for detention and the availability of a place for the offender in a rehabilitation centre.
(4) A young offender against whom a detention order is in force shall be detained in a rehabilitation centre for such period, being a period in aggregate of not less than 3 months and not exceeding 9 months, as the Commissioner may determine.
(5) The period referred to in subsection (4) shall comprise the following—
(a) the initial detention period of not less than 2 months and not exceeding 5 months at a rehabilitation centre referred to in section 3(a); and
(b) the subsequent period of residence at a rehabilitation centre referred to in section 3(b) for a duration of not less than 1 month and not exceeding 4 months.
(6) In determining the whole period of detention, the Commissioner shall take into consideration—
(a) in relation to the initial detention period, the conduct and progress of the young offender;
(b) in relation to the subsequent period of residence, the needs and progress of the young offender.
(7) The references to “young offender” in subsections (4) and (6) do not affect the power of the Commissioner to detain an offender in a rehabilitation centre notwithstanding that the offender has reached the age of 21 years or more whilst a detention order is in force against him.

### Rehabilitation Centres Ordinance 《更生中心條例》

5. Leave for approved activities
(1) The Commissioner may grant to a young offender who is in his subsequent period of residence permission to study, work or engage in any other approved activities outside the rehabilitation centre concerned for such period and at such place as the Commissioner thinks fit.
(2) A young offender who, without reasonable excuse, fails to return to the rehabilitation centre concerned at or before the expiration of the period for which permission has been granted under subsection (1) commits an offence and is liable to a fine at level 2 and to imprisonment for 12 months.

6. Supervision order
(1) The Commissioner shall make a supervision order, that is to say, an order which requires a person to be under the supervision of a correctional services officer and to comply with conditions imposed in the order, for a fixed term of 1 year against a person who is released from a rehabilitation centre after having served a sentence of detention under a detention order.
(2) A supervision order shall specify—
(a) particulars of a correctional services officer whom the Commissioner designates to supervise the person;
(b) the date of release of the person from the rehabilitation centre concerned and the date on which the supervision order shall expire; and
(c) such conditions as the Commissioner thinks fit.
(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 commits an offence and is liable to a fine at level 2 and to imprisonment for 12 months.
(5) A person against whom a recall order has been made shall not be liable to be prosecuted or convicted under subsection (4).
(6) A court may, instead of imposing a sentence under subsection (4), order that the case be referred to the Commissioner and that a recall order be made against the person by the Commissioner.

7. Recall order
(1) Subject to subsection (4), the Commissioner may, if he is satisfied that a person against whom a supervision order is in force has failed to comply with any condition of the order, make a recall order against the person requiring him to return to a rehabilitation centre.
(2) A person taken to a rehabilitation centre under subsection (1) may be detained until the expiration of 9 months from the date of the coming into operation of the detention order, or 3 months from the date of his being arrested under the recall order, whichever is the later.
(3) The Commissioner may at any time release a person against whom the recall order is in force.
(4) A recall order may not be made against a person who has been charged with an offence under section 6(4) unless the court orders that such an order be made under section 6(6).

### Rehabilitation Centres Ordinance 《更生中心條例》

8. Effect of imprisonment or further sentence of detention
(1) If a person against whom a detention order, a supervision order or a recall order is in force is on conviction of another offence—
(a) subject to a new detention order;
(b) sentenced to a term of imprisonment which is not suspended;
(c) sentenced to detention in a detention centre;
(d) sentenced to detention in a training centre; or
(e) sentenced to detention in an addiction treatment centre,
then the first-mentioned detention order, or the supervision order or recall order, as the case may be, 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.

### Rehabilitation Centres Ordinance 《更生中心條例》

9. Arrest, etc. of persons unlawfully at large
(1) Any police officer or correctional services officer may, if he reasonably suspects that a detention order or recall order is in force against a person and that the person is unlawfully at large, arrest, without warrant, the person and take him to a rehabilitation centre.
(2) If a person who is liable to be arrested under this section forcibly resists the attempt of a police officer or correctional services officer to arrest him, the officer (and any person assisting the officer) may use all reasonable means necessary to make the arrest.
(3) If a police officer or correctional services officer reasonably believes that a person unlawfully at large is on particular premises, the person residing at or in charge of the premises must, if the officer so requests, allow the officer to enter the premises to search for the person unlawfully at large.
(4) Subject to subsection (5), if a police officer or correctional services officer—
(a) cannot obtain entry to premises as a result of a request under subsection (3); or
(b) reasonably believes that a person unlawfully at large is on particular premises but no person appears to be on the premises,
the officer may enter the premises and search them and, for that purpose, the officer may break open any outer or inner door or window of the premises.
(5) The power conferred by subsection (4) may be exercised without a warrant only if a warrant cannot be obtained without giving the person unlawfully at large an opportunity to evade arrest.
(6) If a person residing at or in charge of premises that a police officer or correctional services officer seeks to enter under subsection (3) requests the officer to produce evidence of the officer’s authority or to specify the purpose of the entry, the officer may exercise the powers conferred by that subsection only after complying with the request.
(7) Any period during which a person against whom a detention order or 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, as the case may be.
(8) Any person who obstructs a police officer or correctional services officer in the exercise of any power under this section commits an offence and is liable to a fine at level 2 and to imprisonment for 3 months.