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

10. Transfers from rehabilitation centre to training centre or prison
(1) If a young offender against whom a detention order is in force is reported to the Chief Executive by the Commissioner to be—
(a) exercising a bad influence on other young offenders in the rehabilitation centre; or
(b) incorrigible,
the Chief Executive may, if satisfied that the young offender could not be suitably dealt with by any disciplinary proceedings provided by or under the regulations, direct that the young offender be dealt with in the manner referred to in subsection (2) or (3).
(2) The young offender may be transferred to a training centre; and for the purposes of this Ordinance and the Training Centres Ordinance (Cap. 280), he shall be deemed to be a young offender who, on the day on which the detention order was made against him, had instead been sentenced to detention in a training centre.
(3) The young offender may be detained in prison for such term as the Chief Executive may, subject to subsection (4), determine, not exceeding—
(a) the unexpired part of the maximum period during which he might have been detained in a rehabilitation centre; or
(b) the term of imprisonment to which he was liable for the relevant offence of which he was convicted,
whichever be the less; and for the purposes of this Ordinance and the Prisons Ordinance (Cap. 234), such offender shall be treated as if he had been sentenced to imprisonment for the term so determined by the Chief Executive.
(4) The Chief Executive shall, before making a determination under subsection (3)—
(a) consult, where practicable, with the judge or magistrate who made the detention order; and
(b) take into consideration, so far as possible, the recommendations made by the judge or magistrate, as the case may be.

11. Visiting justices
(1) The Chief Executive may appoint visiting justices for the purpose of visiting rehabilitation centres.
(2) A rehabilitation centre shall be visited by 2 visiting justices together at least once a month.
(3) Subject to section 12, visiting justices shall exercise and perform in relation to rehabilitation centres the powers and duties conferred on visiting justices and visiting committees under the Prisons Ordinance (Cap. 234).

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

12. Application of Prisons Ordinance
(1) The Prisons Ordinance (Cap. 234) (except sections 3, 4, 6, 7, 12A, 22A, 24A, 24B and 25) and the Prison Rules (Cap. 234 sub. leg. A) (except rules 22, 51, 69, 144(j) and (k) and 222(1)) (the applicable provisions) shall apply to a rehabilitation centre and to its staff and to persons detained in them in the manner as if such persons were prisoners and a rehabilitation centre were a prison, and such provisions shall be read with such alterations and modifications not affecting their substance as are necessary to render the same applicable.(Amended E.R. 4 of 2019)
(2) Notwithstanding subsection (1), in the event of conflict between this Ordinance (including the regulations) and the applicable provisions, the former shall apply.

13. Regulations
The Chief Executive in Council may make regulations for all or any of the following matters—
(a) the regulation and management of rehabilitation centres;
(b) the treatment, employment, discipline, control and welfare of persons detained in rehabilitation centres;
(c) conditions which may be specified in a supervision order;
(d) forms required for the purposes of this Ordinance; and
(e) generally for the better carrying out of the purposes of this Ordinance.

### Drug Dependent Persons Treatment and Rehabilitation Centres (Licensing) Ordinance 《藥物倚賴者治療康復中心(發牌)條例》

1. Short title
(Amended E.R. 5 of 2021)(1) This Ordinance may be cited as the Drug Dependent Persons Treatment and Rehabilitation Centres (Licensing) Ordinance.
(2) (Omitted as spent— E.R. 5 of 2021)

2. Interpretation
In this Ordinance, unless the context otherwise requires—
certificate of exemption (豁免證明書) means a certificate of exemption issued under section 8(3)(a), or renewed under section 9(3)(a), in respect of a treatment centre;
Director (署長) means the Director of Social Welfare;
drug dependence (藥物倚賴) means the psychophysical state referred to in paragraph (a) of the definition of drug dependent person

3. Application of this Ordinance
(1) This Ordinance does not apply to treatment centres managed and controlled by the Hospital Authority.
(2) (Repealed 34 of 2018 s. 191)

4. Restriction on operating treatment centres
(1) No person shall operate or exercise control over the management of a treatment centre unless he is the specified operator of the treatment centre.
(2) No person shall take part in the management of a treatment centre unless—
(a) a licence; or
(b) a certificate of exemption,
in respect of the treatment centre is for the time being in force.
(3) A person who contravenes subsection (1) commits an offence and is liable—
(a) on the first conviction, to a fine at level 6 and to imprisonment for 6 months, and to a fine of $5,000 for each day during which the offence continues;
(b) on subsequent conviction, to a fine at level 6 and to imprisonment for one year, and to a fine of $10,000 for each day during which the offence continues.
(4) A person who contravenes subsection (2) commits an offence and is liable to a fine at level 3.

### Drug Dependent Persons Treatment and Rehabilitation Centres (Licensing) Ordinance 《藥物倚賴者治療康復中心(發牌)條例》

5. Contravention of conditions of licence or certificate of exemption
(1) Where a treatment centre in respect of which a licence or certificate of exemption has been issued is operated in contravention of any condition of the licence or certificate of exemption, the specified operator and any other person exercising control over the management of the treatment centre each commit an offence.
(2) Without prejudice to subsection (3), it shall be a defence for a person charged with an offence under subsection (1) to prove that—
(a) he did not know and had no reason to suspect the existence of the circumstances giving rise to the contravention; and
(b) he could not, by the exercise of reasonable supervision and reasonable diligence, have prevented those circumstances arising.
(3) In any proceedings against a specified operator for an offence under subsection (1), it shall not be necessary for the prosecution to prove that the specified operator had knowledge of the condition of the licence or certificate of exemption the contravention of which constituted the offence.
(4) A person who commits an offence under this section is liable to a fine at level 6 and to imprisonment for 6 months and to a fine of $5,000 for each day during which the offence continues.