Home » Bills Committee on Drug Dependent Persons Treatment and Rehabilitation Centres (Licensing) Bill

Bills Committee on Drug Dependent Persons Treatment and Rehabilitation Centres (Licensing) Bill

8 December, 2000

 

Ms. Doris Chan
Clerk to Bills Committee
Legislative Council Secretariat
Central
Hong Kong

Dear Ms. Chan,

Bills Committee on Drug Dependent Persons Treatment
and Rehabilitation Centres (Licensing) Bill

I refer to your letter of 22nd November 2000 which has been considered by the Bar Council.

You have asked us four questions, namely

  1. whether a probationer directed to undergo treatment as a term of his/her probation order could refuse to sign an agreement to give his/her consent to the enforcement of the rules set by a centre;

  2. whether the person responsible for the centre could refuse to admit the person concerned if he/she does not sign such an agreement;

  3. if the person responsible for the centre did refuse under (ii), whether such a refusal would contravene the Probation of Offenders Ordinance, Cap. 298;

  4. whether the rules restricting a drug dependent person’s rights and personal freedom in a treatment centre may contravene the human rights provisions of the Basic Law?

Our answer in order is as follows:

(i) Yes;

(ii) Yes;

(iii) No;

(iv) No, if the dependent agrees to the restrictions.

It is our current view that if a probationer refused to comply with a condition of his/her probation order by either refusing to attend the centre or refusing to consent to the centre’s enforcement of rules would be that the probationer could be in breach of the probation order. We do not see that there is any impact on the centre itself vis-à-vis the Court. We are also of the view that a probationer, having consented to the enforcement of the rules of the centre and, thereby, to his/her own rights and freedom being curtailed, can subsequently refuse to consent and discharge him/herself. If that happened that would have ramifications for the probationer vis-à-vis the probation order and the Court but not for the centre and the Court.

We hope this satisfactorily answers your queries.

 

Yours sincerely,

Ronny Tong, S.C.
Chairman

Hong Kong Bar Association