### Training Centres Ordinance 《敎導所條例》

4A. Remand or committal to custody in a training centre
(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.]

### Training Centres Ordinance 《敎導所條例》

5. Supervision
(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 at level 2 and to imprisonment for 12 months. (Added 4 of 1974 s. 4. Amended E.R. 5 of 2021)
(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)

### Training Centres Ordinance 《敎導所條例》

6. Provisions as to arrest and further detention of persons unlawfully at large
(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 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.

### Training Centres Ordinance 《敎導所條例》

7. Transfers from prison to training centre and vice versa
(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.]