Hong Kong Ordinances

REHABILITATION CENTRES ORDINANCE - SECT 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.