TRAINING CENTRES REGULATIONS - CHAPTER 280A TRAINING CENTRES REGULATIONS - LONG TITLE Empowering section VerDate:30/06/1997 (Cap 280, section 10) [6 March 1953] (5 of 1953 Schedule) TRAINING CENTRES REGULATIONS - REGULATION 1 Citation VerDate:30/06/1997 These regulations may be cited as the Training Centres Regulations. TRAINING CENTRES REGULATIONS - REGULATION 2 Interpretation VerDate:30/06/1997 In these regulations, unless the context otherwise requires- "inmate" (被羈留者) means a person detained or ordered to be detained under the provisions of the Ordinance; "officer" (人員) means any officer employed by or in the Prisons Department; "officer-in-charge" (主管人員) means an officer, not below the rank of Chief Officer, appointed by the Commissioner to be in charge of a training centre; (L.N. 25 of 1974) "Superintendent" (監督) means an officer appointed by the Commissioner to assist him in the supervision of training centres. "inmate" (被羈留者) "officer" (人員) "officer-in-charge" (主管人員) "Superintendent" (監督) TRAINING CENTRES REGULATIONS - REGULATION 3 Administration of training centres VerDate:01/07/1997 Amendments retroactively made - see 15 of 1999 s. 3 (1) Subject to the orders and directions of the Chief Executive, the Commissioner shall have the general charge and superintendence of all training centres, and shall be assisted in their supervision by a Superintendent. (15 of 1999 s. 3) (2) The Commissioner shall appoint for each training centre a fit and proper person to be officer-in-charge thereof, and such other officers as may be necessary. TRAINING CENTRES REGULATIONS - REGULATION 3 Administration of training centres VerDate:30/06/1997 (1) Subject to the orders and directions of the Governor, the Commissioner shall have the general charge and superintendence of all training centres, and shall be assisted in their supervision by a Superintendent. (2) The Commissioner shall appoint for each training centre a fit and proper person to be officer-in-charge thereof, and such other officers as may be necessary. TRAINING CENTRES REGULATIONS - REGULATION 4 Reception VerDate:30/06/1997 The Commissioner shall, upon the delivery to him of a detention order, cause to be made all necessary arrangements for the reception of the person named therein. TRAINING CENTRES REGULATIONS - REGULATION 5 Medical examinations VerDate:30/06/1997 Every inmate shall, on the day of his admission or as soon as possible thereafter, be separately examined by the medical officer. TRAINING CENTRES REGULATIONS - REGULATION 6 Keeping of records VerDate:30/06/1997 Every inmate shall, as soon as possible after his admission, be seen by the Superintendent who shall cause the fullest personal particulars obtainable to be entered in the inmate's record. TRAINING CENTRES REGULATIONS - REGULATION 7 Appointment of a board to make recommendations for inmate's discharge VerDate:30/06/1997 (1) The Commissioner shall appoint for each training centre a board consisting of the Superintendent, the officer-in- charge and such other officers as he may select, to keep under review the progress of each inmate throughout the period of his detention and to make recommendations touching his discharge. (2) The board shall cause each inmate to be brought before it during the 6th month after the date of his sentence, and his case shall thereafter be reviewed by the board at monthly intervals. (L.N. 25 of 1974) TRAINING CENTRES REGULATIONS - REGULATION 8 Removal of unsuitable inmates to prison VerDate:30/06/1997 (1) If the Superintendent considers an inmate to be unsuitable for training in a training centre, he shall cause such inmate to be brought before the board. (2) The board shall examine the record of such inmate and afford him every opportunity of showing cause why he should remain in the training centre before it recommends to the Commissioner that the inmate be removed to prison under section 7(2) of the Ordinance. TRAINING CENTRES REGULATIONS - REGULATION 9 Notice of supervision VerDate:30/06/1997 A person who is subjected to supervision after discharge from a training centre shall be given a notice of supervision in the prescribed form, and such notice shall be read to him and fully explained by the Superintendent. (See Form 2) TRAINING CENTRES REGULATIONS - REGULATION 10 Diet VerDate:01/07/1997 Amendments retroactively made - see 15 of 1999 s. 3 Every inmate shall be supplied with food in accordance with scales of diet approved by the Chief Executive. (L.N. 115 of 1975; 15 of 1999 s. 3) TRAINING CENTRES REGULATIONS - REGULATION 10 Diet VerDate:30/06/1997 Every inmate shall be supplied with food in accordance with scales of diet approved by the Governor. (L.N. 115 of 1975) TRAINING CENTRES REGULATIONS - REGULATION 11 Food VerDate:30/06/1997 No inmate shall receive or have in his possession any food other than that authorized except- (a) with the authority of the Superintendent; or (b) with the authority of the medical officer, if a variation of diet is desirable on medical grounds. TRAINING CENTRES REGULATIONS - REGULATION 12 Occupational training VerDate:30/06/1997 (1) Every inmate, unless excused by the medical officer on medical grounds, shall from the beginning of his sentence be employed on suitable work calculated to assist him in earning his livelihood on discharge. (2) No inmate shall be employed on any work unless he has been certified by the medical officer to be fit for work of that description. (3) An inmate, upon his release from a training centre, may receive a cash grant in accordance with an earnings scheme approved by the Commissioner. (L.N. 25 of 1974) TRAINING CENTRES REGULATIONS - REGULATION 13 Religious instruction VerDate:30/06/1997 Appropriate religious instruction shall, if practicable, be provided for all inmates. TRAINING CENTRES REGULATIONS - REGULATION 14 Classes VerDate:30/06/1997 Provision shall be made for educational classes for the benefit of all inmates. TRAINING CENTRES REGULATIONS - REGULATION 15 Library VerDate:30/06/1997 A library of books for the use of inmates shall be provided in each training centre, and every inmate shall be allowed to exchange books as often as may be possible. TRAINING CENTRES REGULATIONS - REGULATION 16 Classification VerDate:30/06/1997 The Commissioner shall classify all inmates, having regard to their character, previous history and other relevant circumstances and shall arrange for each inmate to receive his training at the training centre which is, in the opinion of the Commissioner, most suitable. TRAINING CENTRES REGULATIONS - REGULATION 17 Grades VerDate:30/06/1997 Inmates shall be divided into such grades as the Commissioner may approve, and the privileges of each grade shall be arranged by the Commissioner. TRAINING CENTRES REGULATIONS - REGULATION 18 Leave of absence VerDate:30/06/1997 (1) The Commissioner may grant any inmate leave of absence from a training centre for a period not exceeding 5 days at any one time. Any inmate granted leave of absence shall be given a pass in writing under the hand of the Commissioner setting out the period during which the inmate is permitted to be absent from the training centre and the address at which the inmate is to reside during his leave. (L.N. 63 of 1989) (2) Any inmate who without due cause does not return to the training centre at or before the expiration of the period for which he has been granted leave shall be deemed to have absconded from the training centre and shall be liable to be punished in the manner prescribed by regulation 20. (G.N.A. 40 of 1954) TRAINING CENTRES REGULATIONS - REGULATION 19 Disciplinary offences VerDate:30/06/1997 An inmate who commits any of the offences enumerated in rule 61 of the Prison Rules (Cap 234 sub. leg.) as applied by section 8 of the Ordinance shall be guilty of a disciplinary offence. (L.N. 25 of 1974) TRAINING CENTRES REGULATIONS - REGULATION 20 Investigation of offences, and awards, by officer-in-charge VerDate:30/06/1997 (1) Every offence against discipline shall be reported forthwith and the officer-in-charge shall investigate every report of such an offence not later than the following day, unless that day is a Sunday or a public holiday. (L.N. 25 of 1974) (2) If upon investigation the officer-in-charge considers that the offence is proved, he shall make one or more of the following awards- (L.N. 25 of 1974) (a) caution; (b) deprivation of privileges for a period not exceeding 1 month; (c) delaying promotion to a higher grade; (d) stopping letters and visits for a period not exceeding 3 months; (e) (Repealed L.N. 167 of 1983) (f) deduction from earnings of the cost of any Government property lost or wilfully damaged; (G.N.A. 13 of 1956) (g) (Repealed L.N. 192 of 1990) (3) For the purposes of paragraph (2), "privileges" (特惠) shall be taken to include association, games and entertainments, and participation in an earnings scheme. (L.N. 25 of 1974) (4) An inmate may appeal to the Commissioner against an award made by the officer-in-charge under paragraph (2), within 48 hours after the making of the award, by giving notice in writing to the officer-in-charge, who shall forthwith notify the Commissioner and stay execution of the award pending the determination of the appeal. (L.N. 25 of 1974) (5) The Commissioner may confirm, vary or reverse the award against which the appeal is made or may substitute therefor any other award which the officer-in-charge was competent to make under paragraph (2). (L.N. 25 of 1974) (6) (Repealed L.N. 167 of 1983) "privileges" (特惠) TRAINING CENTRES REGULATIONS - REGULATION 20A (Repealed L.N. 192 of 1990) VerDate:30/06/1997 TRAINING CENTRES REGULATIONS - REGULATION 21 Report VerDate:30/06/1997 No report against an inmate shall be dealt with by an officer of the training centre except the officer-in-charge. (L.N. 25 of 1974) TRAINING CENTRES REGULATIONS - REGULATION 22 Inmate may be kept apart pending adjudication of offence VerDate:30/06/1997 When an inmate has been reported for an offence the officer-in-charge may order him to be kept apart from other inmates, pending adjudication. (L.N. 25 of 1974) TRAINING CENTRES REGULATIONS - REGULATION 23 Inmate given opportunity to defend against allegation of an offence VerDate:30/06/1997 An inmate shall, before a report is dealt with, be informed of the offence for which he has been reported and shall be given an opportunity of hearing the facts alleged against him and of being heard in his defence. TRAINING CENTRES REGULATIONS - REGULATION 24 Forms VerDate:30/06/1997 The forms in the Schedule shall be used for the purposes of the Ordinance and in the cases to which they relate. TRAINING CENTRES REGULATIONS - SCHEDULE SCHEDULE VerDate:01/07/1997 Amendments retroactively made - see 25 of 1998 s. 2; 15 of 1999 s. 3 FORM 1 [section 4(3)] TRAINING CENTRES ORDINANCE (Chapter 280) Warrant of Remand in Custody pending receipt of report as to suitability for a sentence of detention District Court In the ｛ Magistrates Court ｝ holden at ........................ TO each and all of the police officers of Hong Kong and to the Commissioner of Prisons (hereinafter called the Commissioner). ........................................................................... .......................................................... ........................................................................... .................................................................. (hereinafter called the defendant) being in the opinion of the Court a person not less than 14 but under 21 years of age, having been born so far as can be ascertained on the day of , 19 , has this day been convicted of an offence punishable with imprisonment: The further hearing of the case being adjourned pending receipt of a report as to the suitability of the defendant for a sentence of detention: YOU, the said police officers are therefore commanded to convey the defendant and deliver him to the Commissioner together with this warrant; and you the said Commissioner to receive the said defendant into your custody and keep him until the day of , 19 , and on that day you, the said police officers are required to District Court convey him before the ｛ Magistrates Court ｝ sitting at at the hour of in the noon to be further dealt with according to law, unless otherwise ordered in the meantime. Dated this day of , 19 . [L.S.] .................................................. District Court Judge/Magistrate. (G.N.A. 3 of 1955; L.N. 30 of 1982; 15 of 1999 s. 3) FORM 2 [section 5 (1)] TRAINING CENTRES ORDINANCE (Chapter 280) Supervision Notice TO Description of inmate ........................................................................... ......................... Description of supervising society or person .................................................................... TAKE NOTICE that you ........................................................................... ................... upon your release from .......................................................................... Training Centre, shall become subject to supervision by ........................................................................... ................. until(1) the ............... day of ........................................................................... . 19 .......... and during such period of supervision you shall comply with the following requirements- ........................................................................... .................................................................. ........................................................................... .................................................................. ........................................................................... .................................................................. ........................................................................... .................................................................. ........................................................................... .................................................................. ........................................................................... .................................................................. ........................................................................... .................................................................. Dated this day of , 19 . ............................................. Commissioner of Prisons. Note: (1) Three years from the date of the inmate's release. (L.N. 25 of 1974) FORM 3 [section 5(2)] TRAINING CENTRES ORDINANCE (Chapter 280) Order of Recall while under Supervision TO Description of person under supervision .......................................................................... Description of supervising society or person .................................................................... Being satisfied that the said ........................................................................... ................. ......................................................................... a person released under the supervision of the said ........................................................................... ................ has failed to comply with the requirements of his Supervision Notice dated ........................................................................... I do hereby order the recall of the said ........................................................................... ........ ................................. to ................................ Training Centre. Dated this day of , 19 . ............................................ Commissioner of Prisons FORM 4 [section 7(1)] TRAINING CENTRES ORDINANCE (Chapter 280) Authority for Transfer of a Prisoner from a prison to a Training Centre TO The Commissioner of Prisons. WHEREAS I am satisfied that (1) ........................................................................... ....... ........................................................................... .................................................................. is under 21 years of age and may be detained with advantage in a training centre, I hereby authorize and do order that the said .................................................... be transferred forthwith from (2) ................................. to the ............................... Training Centre. Dated this day of , 19 . ....................................... Chief Executive. Note: (1) Describe person by name and prison number. (2) Name the prison. (G.N.A. 3 of 1955; L.N. 30 of 1982; 15 of 1999 s. 3) FORM 5 [section 7(2)] TRAINING CENTRES ORDINANCE (Chapter 280) Report as to Incorrigibility (a) Description of inmate ........................................................................... ......................... detained in .................................................................... Training Centre. (b) Offence for which convicted ........................................................................... ............... ........................................................................... .......................................................... ........................................................................... .......................................................... (c) Maximum term of imprisonment for said offence ............................................................. (d) Date of sentence to detention in Training Centre ............................................................. Report ........................................................................... .................................................................. ........................................................................... .................................................................. ........................................................................... .................................................................. ........................................................................... .................................................................. ........................................................................... .................................................................. ........................................................................... .................................................................. Dated this day of , 19 . .............................................. Commissioner of Prisons. It is hereby ordered that the unexpired part of the term for which ..................................... is liable to be detained in a training centre be commuted to .................................. imprisonment. Dated this day of , 19 . ........................................... Chief Executive. (L.N. 30 of 1982; 15 of 1999 s. 3) FORM 6 [section 9] TRAINING CENTRE ORDINANCE (Chapter 280) Detention Order High In the District Court holden at ...................... ｛ Magistrates ｝ TO each and all of the police officers of Hong Kong and to the Commissioner of Prisons (hereinafter called the Commissioner. ........................................................................... .......................................................... ........................................................................... .................................................................. (hereinafter called the defendant) being in the opinion of the Court a person not less than 14 but under 21 years of age, having been born, so far as can be ascertained on the day of , 19 , has this day been duly convicted of an offence punishable with imprisonment, for that he on the day of , 19 , in Hong Kong did (1) ........................................................................... ........................................ ........................................................................... ............. contrary to (2) ............................... and it has been ordered that he be sentenced to detention in a training centre. These are therefore to command you the said police officers to take the defendant and deliver him to the commissioner together with this order; and you the said Commissioner to receive the defendant and keep him in your custody in accordance with the provisions of the said Ordinance, and for your so doing this shall be your sufficient warrant. Dated this day of , 19 . [L.S.] ......................................................... Judge/District Court Judge/Magistrate Note: (1) State the substance of the offence. (2) Specify the Ordinance and the relevant section. (G.N.A. 3 of 1955; L.N. 30 of 1982; 25 of 1998 s. 2; 15 of 1999 s. 3) TRAINING CENTRES REGULATIONS - SCHEDULE SCHEDULE VerDate:30/06/1997 FORM 1 [section 4(3)] TRAINING CENTRES ORDINANCE (Chapter 280) Warrant of Remand in Custody pending receipt of report as to suitability for a sentence of detention District Court In the ｛ Magistrates Court ｝ holden at ........................ TO each and all of the police officers of the Colony and to the Commissioner of Prisons (hereinafter called the Commissioner). ........................................................................... .......................................................... ........................................................................... .................................................................. (hereinafter called the defendant) being in the opinion of the Court a person not less than 14 but under 21 years of age, having been born so far as can be ascertained on the day of , 19 , has this day been convicted of an offence punishable with imprisonment: The further hearing of the case being adjourned pending receipt of a report as to the suitability of the defendant for a sentence of detention: YOU, the said police officers are therefore commanded to convey the defendant and deliver him to the Commissioner together with this warrant; and you the said Commissioner to receive the said defendant into your custody and keep him until the day of , 19 , and on that day you, the said police officers are required to District Court convey him before the ｛ Magistrates Court ｝ sitting at at the hour of in the noon to be further dealt with according to law, unless otherwise ordered in the meantime. Dated this day of , 19 . [L.S.] .................................................. District Court Judge/Magistrate. (G.N.A. 3 of 1955) FORM 2 [section 5 (1)] TRAINING CENTRES ORDINANCE (Chapter 280) Supervision Notice TO Description of inmate ........................................................................... ......................... Description of supervising society or person .................................................................... TAKE NOTICE that you ........................................................................... ................... upon your release from .......................................................................... Training Centre, shall become subject to supervision by ........................................................................... ................. until(1) the ............... day of ........................................................................... . 19 .......... and during such period of supervision you shall comply with the following requirements- ........................................................................... .................................................................. ........................................................................... .................................................................. ........................................................................... .................................................................. ........................................................................... .................................................................. ........................................................................... .................................................................. ........................................................................... .................................................................. ........................................................................... .................................................................. Dated this day of , 19 . ............................................. Commissioner of Prisons. Note: (1) Three years from the date of the inmate's release. (L.N. 25 of 1974) FORM 3 [section 5(2)] TRAINING CENTRES ORDINANCE (Chapter 280) Order of Recall while under Supervision TO Description of person under supervision .......................................................................... Description of supervising society or person .................................................................... Being satisfied that the said ........................................................................... ................. ......................................................................... a person released under the supervision of the said ........................................................................... ................ has failed to comply with the requirements of his Supervision Notice dated ........................................................................... I do hereby order the recall of the said ........................................................................... ........ ................................. to ................................ Training Centre. Dated this day of , 19 . ............................................ Commissioner of Prisons FORM 4 [section 7(1)] TRAINING CENTRES ORDINANCE (Chapter 280) Authority for Transfer of a Prisoner from a prison to a Training Centre TO The Commissioner of Prisons. WHEREAS I am satisfied that (1) ........................................................................... ....... ........................................................................... .................................................................. is under 21 years of age and may be detained with advantage in a training centre, I hereby authorize and do order that the said .................................................... be transferred forthwith from (2) ................................. to the ............................... Training Centre. Dated this day of , 19 . ....................................... Governor. Note: (1) Describe person by name and prison number. (2) Name the prison. (G.N.A. 3 of 1955) FORM 5 [section 7(2)] TRAINING CENTRES ORDINANCE (Chapter 280) Report as to Incorrigibility (a) Description of inmate ........................................................................... ......................... detained in .................................................................... Training Centre. (b) Offence for which convicted ........................................................................... ............... ........................................................................... .......................................................... ........................................................................... .......................................................... (c) Maximum term of imprisonment for said offence ............................................................. (d) Date of sentence to detention in Training Centre ............................................................. Report ........................................................................... .................................................................. ........................................................................... .................................................................. ........................................................................... .................................................................. ........................................................................... .................................................................. ........................................................................... .................................................................. ........................................................................... .................................................................. Dated this day of , 19 . .............................................. Commissioner of Prisons. It is hereby ordered that the unexpired part of the term for which ..................................... is liable to be detained in a training centre be commuted to .................................. imprisonment. Dated this day of , 19 . ........................................... Governor. FORM 6 [section 9] TRAINING CENTRE ORDINANCE (Chapter 280) Detention Order Supreme In the District Court holden at ...................... ｛ Magistrates ｝ TO each and all of the police officers of the Colony and to the Commissioner of Prisons (hereinafter called the Commissioner. ........................................................................... .......................................................... ........................................................................... .................................................................. (hereinafter called the defendant) being in the opinion of the Court a person not less than 14 but under 21 years of age, having been born, so far as can be ascertained on the day of , 19 , has this day been duly convicted of an offence punishable with imprisonment, for that he on the day of , 19 , in the Colony did (1) ........................................................................... ........................................ ........................................................................... ............. contrary to (2) ............................... and it has been ordered that he be sentenced to detention in a training centre. These are therefore to command you the said police officers to take the defendant and deliver him to the commissioner together with this order; and you the said Commissioner to receive the defendant and keep him in your custody in accordance with the provisions of the said Ordiance, and for your so doing this shall be your sufficient warrant. Dated this day of , 19 . [L.S.] ......................................................... Judge/District Court Judge/Magistrate Note: (1) State the substance of the offence. (2) Specify the Ordinance and the relevant section. (G.N.A. 3 of 1955)