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

23. Inadmissibility of information
(1) A statement or admission made by a person—
(a) for the purpose of being admitted to a treatment centre for treatment or rehabilitation; or
(b) while he is undergoing treatment or rehabilitation at a treatment centre,
is inadmissible as evidence in any proceedings against him under the Dangerous Drugs Ordinance (Cap. 134).
(2) Any information obtained in the course of or as a result of the production or removal of any book, document or other article under section 18(1) or (3) is inadmissible as evidence against any person who is undergoing or has undergone treatment or rehabilitation in a treatment centre in any proceedings under the Dangerous Drugs Ordinance (Cap. 134).

24. Appeals against decisions of Director
(1) A person who is aggrieved by a determination or decision of the Director made in respect of him under any of the following provisions may appeal to the Administrative Appeals Board—
(a) section 6(2)(b) (refusing to issue a licence);
(b) section 8(3)(b) (refusing to issue a certificate of exemption);
(c) section 9(3)(b) (refusing to renew a licence or certificate of exemption);
(d) section 14 (cancelling a licence or certificate of exemption).
(2) An appeal under subsection (1) shall be made within 21 days after the person aggrieved has received notice of the determination or decision.
(3) The effect of a decision that is appealed against under subsection (1) shall be suspended as from the day on which the appeal is made until such appeal is disposed of, withdrawn or abandoned unless—
(a) such suspension would, in the opinion of the Director, be contrary to the public interest; and
(b) the notice of the decision—
(i) contains a statement to that effect; and
(ii) states the ground on which the Director’s opinion is based.

25. Codes of Practice relating to operation of treatment centres
(1) The Director may issue from time to time Codes of Practice—
(a) setting out principles, procedures or guidelines for the operation, management or other control of treatment centres;
(b) providing practical guidance in respect of any one or more of the requirements of this Ordinance.
(2) A copy of any Code of Practice issued under subsection (1) shall be made available by the Director for inspection by the public free of charge at such offices of the Government as the Director may direct during the usual hours of business of the offices.

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

26. Service of documents
A notice or other document (howsoever described) authorized or required to be served on a person under this Ordinance shall be deemed to be so served if—
(a) in the case of an individual, it is—
(i) delivered to him;
(ii) left at his last known address; or
(iii) sent by post to him at such address;
(b) in the case of a body corporate, it is—
(i) given to or served on a director of the body corporate;
(ii) left at the body corporate’s last known address; or
(iii) sent by post to the body corporate at such address; and
(c) in the case of a partnership, it is—
(i) delivered, left or sent in accordance with paragraph (a) on any partner who is an individual; or
(ii) given, served, left or sent in accordance with paragraph (b) on any partner which is a body corporate.

27. No fee payable in respect of licence or certificate of exemption
No fee is payable—
(a) on an application for the issue or renewal of a licence or certificate of exemption; or
(b) for the issue or renewal of a licence or certificate of exemption.

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

28. Regulation
(1) The Chief Executive in Council may by regulation provide for—
(a) the operation, management, supervision and inspection of treatment centres;
(b) the duties and responsibilities of specified operators;
(c) the keeping of books of accounts, records or other information in respect of the operation or activities of, or drug dependent persons admitted to, treatment centres;
(d) the reports and information to be supplied to the Director in respect of treatment centres;
(e) the design, structure, hygiene and sanitation of treatment centres;
(f) the precautions to be taken against fire or other peril likely to endanger the lives or health of drug dependent persons undergoing treatment or rehabilitation at treatment centres;
(g) subject to section 27, the fees to be charged for any matter prescribed or permitted by this Ordinance;
(h) generally, carrying into effect the provisions of this Ordinance.
(2) Any regulation made under this section may—
(a) provide for the exemption of any treatment centre from the application of the regulation or any provision of the regulation;
(b) empower the Director to grant exemptions, with or without conditions, from the application of the regulation or any provision of the regulation;
(c) prohibit the performance of particular actions without the consent of the Director;
(d) authorize the Director to require or prohibit the performance of particular actions; and
(e) require particular actions to be performed to the satisfaction of the Director.
(3) Any regulation made under this section may provide that a contravention of any provision thereof shall be an offence punishable by a fine at level 4 and to imprisonment for 3 months.
(4) The amount of fees provided for under subsection (1)(g) need not be limited by reference to the amount of administrative or other costs incurred or likely to be incurred by the Director in the discharge of his functions under this Ordinance.
(5) Any regulation made under subsection (1)(g) may provide for the waiver, remission, reduction or refund of any fee.

29. Amendment of Schedule
The Secretary for Security may by order amend the Schedule.

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

30. Transitional provisions
(1) Where a person is operating a treatment centre immediately before the commencement* of section 4, a certificate of exemption is deemed to have been issued unconditionally in respect of the treatment centre specifying the person as the specified operator.
(2) A certificate of exemption deemed to have been issued under subsection (1) has effect—
(a) until the expiration of 3 months after the date of that commencement; or
(b) if the person has made an application in respect of the treatment centre in accordance with section 6 or 8 within 3 months before that expiration—
(i) until the issue of the licence or certificate of exemption (as the case may be) so applied for; or
(ii) (in the case of the application being refused) until 21 days after he has received notice of the decision or, if an appeal is made against the decision under section 24, until such appeal is disposed of, withdrawn or abandoned.

Editorial Note:
* Commencement date: 1 April 2002.

33. (Omitted as spent—E.R. 5 of 2021)