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

5. Supervision order
(1) The Commissioner may make a supervision order—
(a) against a person who is released under section 4(2);
(b) against a person who is released under section 6(3) before the expiration of 12 months from the date when he was last released under section 4(2). (Replaced 84 of 1976 s. 5)
(2) A supervision order shall contain conditions that—
(a) for the period stated therein, which in the case of a person released under section 4(2) shall not exceed 12 months from the date of his release and in the case of a person released under section 6(3) shall not exceed 12 months from the date when he was last released under section 4(2), the person released shall be subject to supervision by such organization or person as may be specified therein; (Replaced 84 of 1976 s. 5)
(b) the person released shall, while under such supervision, comply with such requirements, including requirements as to residence, as may be specified therein.
(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 shall be guilty of an offence and liable on conviction to a fine at level 2 and to imprisonment for 12 months. (Amended E.R. 4 of 2019)

6. Recall order
(1) The Commissioner may, if he is satisfied that a person against whom a supervision order is in force has failed to comply with any requirement of the order, make a recall order against such person requiring him to return to a detention centre, and thereupon such person may be arrested and taken to a detention centre.
(2) A person taken to a detention centre under subsection (1) may be detained—
(a) in the case of a person stated in the detention order to be apparently of or over 21 years of age, until the expiration of 12 months from the date of the detention order, or 3 months from the date of his being arrested under the recall order, whichever is the later;
(b) in the case of a person stated in the detention order to be apparently under that age, until the expiration of 6 months from the date of the detention order, or 3 months from the date of his being arrested under the recall order, whichever is the later. (Replaced 49 of 1978 s. 2)
(3) The Commissioner may at any time release a person in respect of whom a recall order is in force. (Amended 84 of 1976 s. 6)

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

7. Sentence of detention in training centre, etc. and imprisonment for detained person
(1) If a person in respect of whom a detention order, a supervision order or a recall order is in force is sentenced—
(aa) further to detention in a detention centre; (Added 32 of 2000 s. 3)
(a) to detention in a training centre or an addiction treatment centre; or (Amended 32 of 2000 s. 3)
(b) to a term of imprisonment which is not suspended,
the detention order, supervision order or recall order 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.
(Replaced 84 of 1976 s. 7)

8. Arrest etc. of persons unlawfully at large
(1) A police officer may, if he reasonably suspects that a detention order or a recall order is in force against a person and that such person is unlawfully at large, arrest such person and take him to a detention centre.
(1A) An officer of the Correctional Services Department specified in a supervision order made in respect of a person against whom a recall order has been made or such other officer of that Department as the Commissioner may substitute for the officer so specified by a variation of that supervision order may, if he reasonably suspects that that recall order is in force against that person and that such person is unlawfully at large, arrest such person and take him to a detention centre. (Added 14 of 1988 s. 2)
(2) Any period during which a person against whom a detention order or a 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, unless the Chief Executive otherwise directs in a particular case. (Amended 15 of 1999 s. 3)

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

8A. Transfers from detention centre to prison or training centre
If a detainee is reported to the Chief Executive by the Commissioner to be—
(a) physically or mentally incapable of full participation in the programme of a detention centre;
(b) exercising a bad influence on the other inmates of the detention centre; or
(c) incorrigible,
the Chief Executive may direct—
(i) that such detainee be detained in a training centre; or
(ii) that he be detained in prison for such term as the Chief Executive may, after consultation where practicable with the judge or magistrate who made the detention order, determine, not exceeding the maximum term of imprisonment to which he was liable for the offence of which he was convicted,
and for the purposes of this Ordinance and for the purposes of the Training Centres Ordinance (Cap. 280) or the Prisons Ordinance (Cap. 234), according to whether such detainee is directed to be detained in a training centre or in prison, he shall be deemed to be a person who, on the day on which the detention order was made against him, had instead been sentenced to detention in a training centre or, as the case may be, to imprisonment for the term so determined by the Chief Executive.
(Added 84 of 1976 s. 8. Amended 15 of 1999 s. 3)

9. Visitors
(1) The Chief Executive may appoint visitors for the purpose of visiting detention centres. (Amended 15 of 1999 s. 3)
(2) A detention centre shall be visited by 2 visitors together at least once a month.
(3) Visitors shall exercise and perform the powers and duties conferred on visiting justices and visiting committees under the Prisons Ordinance (Cap. 234).

10. Application of Prisons Ordinance
Subject to any regulations made under section 11 of this Ordinance, sections 9 to 12 inclusive, 17 to 21 inclusive and 24 of the Prisons Ordinance (Cap. 234), and the Prison Rules (Cap. 234 sub. leg. A), shall apply to a detention centre and to the staff thereof and to detainees in like manner as if the detainees were prisoners and a detention centre were a prison, and such provisions shall be read with such verbal alterations and modifications not affecting their substance as are necessary to render the same applicable: (Amended E.R. 4 of 2019)
Provided that in the event of conflict between this Ordinance and the Prisons Ordinance (Cap. 234), this Ordinance shall prevail.

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

11. Regulations
The Chief Executive in Council may make regulations for all or any of the following matters— (Amended 15 of 1999 s. 3)
(a) the regulation and management of detention centres;
(b) the treatment, employment, discipline, control and welfare of persons detained in detention centres;
(c) forms required for the purposes of this Ordinance; and
(d) generally for the better carrying out of the purposes of this Ordinance.

12. Power of Chief Executive to give directions
(1) The Chief Executive may give to the Commissioner such directions as he thinks fit with respect to the exercise or performance of his powers, functions or duties under this Ordinance, either generally or in a particular case.
(2) The Commissioner shall, in the exercise or performance of his powers, functions and duties under this Ordinance, comply with any directions given by the Chief Executive under subsection (1).
(Amended 15 of 1999 s. 3)