B. Detention Order to Drug Addiction Treatment Centre (section 4 of the Drug Addiction Treatment Centre Ordinance)

B. Detention Order to Drug Addiction Treatment Centre (section 4 of the Drug Addiction Treatment Centre Ordinance)

When an offender has been convicted of criminal offences that are punishable with imprisonment (irrespective of whether the offences are drug-related), and the offender is suffering from addiction to dangerous drug, the court may make a Drug Addiction Treatment Centre Orders (“DATC Order”) detaining the offender in a DATC to receive treatment for his drug addiction.  Such an order may be made in lieu of imposing any other sentence.  However, if the offence is too serious, such as drug trafficking offences, the court may refuse to make such a DATC Order and sentence the offender to prison instead. Regular prisons also have facilities for treatment of drug addiction and such treatment forms part of the curriculum of all prison institutions. 

DATCs are under the responsibility of the Correctional Services Department and the objectives of this compulsory drug addiction treatment programme are the cure, rehabilitation, reformation of the offender, and his ultimate re-integration into the community.  Inmates receive both physical and psychological treatment for 2 to 12 months depending on the inmate’s health, progress, and the likelihood of him remaining free from addiction on release.   

In general, a patient requires between 5 and 6 months of rehabilitation in the DATC and a further year under supervision before he can safely re-integrated into society. 

Under section 4 of the Drug Addiction Treatment Centre Ordinance (Cap. 244), the court may make an order to the DATC if: 

1. A person is found guilty of a relevant offence and the court is satisfied that in the circumstances of the case and having regard to the offender’s character and previous conduct, it is in his interest and the public interest that he should undergo a period of cure and rehabilitation; 
2. A report from the Commissioner of Correctional Services advising the court that the offender is suitable for cure and rehabilitation, and that space is available at addiction treatment centre for the offender.  The court may remand the convicted offender in the custody of the Commissioner of Correctional Services for up to 3 weeks for the preparation of such report. 

Where a court makes an order to detain an offender in DATC, no conviction will be recorded against the offender unless in the opinion of the court, the circumstances of the offence warrant the recording of a conviction.  The recording of criminal record is commonly ordered if the offence was serious. Even if the offender has already spent a significant period in custody prior to sentencing, the court may still order detention in a DATC if it considers such detention appropriate. If an offender had previously been sent to the DATC and has persisted in his drug abuse, he may still be suitable for return to the centre. 

Male adult drug addicts are placed in the Hei Ling Chau Drug Addiction Treatment Centre, while female adult drug addicts are placed in Nei Kwu Correctional Institution.  Young male inmates are placed at the Lai Sun Correctional Institution, while young female inmates are placed at Lai King Correctional Institution. 

Board of review (regulations 6 and 7 of the Drug Addiction Treatment Centre Regulations) 

After an offender is detained in the DATC, his progress will be subject to review by a Board of Review consisting of the Deputy Commissioner of Correctional Services or Senior Superintendent as Chairman, the Superintendent of the DATC, and not less than 3 other officers of the Correctional Services Department or public officers appointed by the Commissioner of Correctional Services.   

The Board of Review meets once a month to review the progress of each inmate detained in the DATC and make recommendations relating to his release.  They may also make recommendation to transfer an inmate to prison if that inmate is alleged to exercise a bad influence on other inmates in the DATC.  The Board will also interview inmates during the second month after the date of his admission.  During the 4 months following the first interview, the Board will interview the inmate at least once in every 2 months, and at least once a month thereafter. 

Leave of absence (Drug Addiction Treatment Centre Regulations, regulation 13) 

The Commissioner of Correctional Services may grant an inmate leave to absence for a period not exceeding 72 hours at any one time.  Such leave of absence will require the inmate to reside at a specified address during the period of leave.  Failure to return to the DATC or reside at the specified address is regarded as a disciplinary offence. 

In addition, the Superintendent of the DATC may order that an inmate be subject to separate confinement for no longer than 28 days, forfeiture of privileges for no longer than 3 months, deprivation of earnings, and/or deduction from earnings of the cost of any Government property lost, wilfully damaged, or destroyed as punishment for committing a disciplinary offence (regulation 15). 

Supervision order (section 5(1) of the Drug Addiction Treatment Centre Ordinance) 

The Commissioner of Correctional Services may order that an inmate be subject to supervision by an organisation or person specified by him for up to 12 months upon release to prevent renewed addiction.  Such supervision may specify medical examinations and residence. 

The Commissioner of Correctional Services may vary or cancel a supervision order at any time. 

Consequences of failure to comply (section 5(3) of the Drug Addiction Treatment Centre Ordinance) 

Breach of supervision order made by the Commissioner of Correctional Services upon release from DATC may attract a maximum sentence of $5,000 fine and imprisonment for 12 months. 

Recall order (section 6(1) of the Drug Addiction Treatment Centre Ordinance) 

Where an offender fails to comply with any requirements in a supervision order, the Commissioner of Correctional Services may make a recall order requiring the offender to return to the DATC.  Once the recall order is made, the offender is liable to be arrested and detained in the DATC.  The maximum period of detention under a recall order is either 12 months from the date of the original DATC Order or 4 months from the recall order, whichever is later. If the offender is released from the DATC under that recall order, and the original supervision period of 12 months has not yet expired, the offender must continue to serve out the remaining time under supervision.