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Leave to return to residence or designated place

Misuse of Drugs (Approved Institutions, Medical Observation and Treatment and Rehabilitation) Regulations

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—(1) An inmate, whether or not he has also been granted leave under regulation 12 to be employed or to participate in any programme or activity, may be granted leave by the Superintendent of an approved institution or by any rehabilitation officer authorised by the Superintendent to return to his place of residence or to any other place designated by the Superintendent or the authorised rehabilitation officer at such times as the Superintendent or authorised rehabilitation officer thinks fit and subject to the following conditions:(a)to remain within doors at his place of residence or at such other designated place between such times as may be specified by the Superintendent or the authorised rehabilitation officer;(b)to wear at all times on such part of his body as specified by the Superintendent or the authorised rehabilitation officer such electronic transmitting device as may be issued by the Superintendent or the authorised rehabilitation officer;(c)to allow the Superintendent or any person authorised by the Superintendent to enter at any time his place of residence or at such other designated place to install, inspect, maintain, repair or retrieve any electronic monitoring device;(d)to allow a telephone line at his place of residence or at such other place designated by the Superintendent or an authorised rehabilitation officer to be connected to an electronic monitoring device and to ensure that there is no call waiting or call transfer facility attached to the telephone line and that the telephone line is not connected to any cordless telephone, telephone answering machine, parallel telephone line, modulator-demodulator unit or any other equipment which may interfere with the proper functioning of the electronic monitoring device;(e)not to disconnect, remove, damage, tamper with or lose the electronic transmitting device issued to him or the electronic monitoring device installed at his place of residence or at such other designated place or the telephone line connected to the electronic monitoring device;(f)to inform forthwith the Superintendent or any authorised rehabilitation officer of any malfunction, damage or loss to the electronic transmitting device or the electronic monitoring device;(g)to respond promptly to any telephone call from the centre set up to monitor inmates who have been issued with the electronic transmitting device; (ga)to maintain a functioning digital mobile telephone with Internet access;(gb)to allow an order mentioned in paragraph (1A) to be served on him by a message transmitted to an electronic address represented by a mobile telephone number specified by the inmate, and using a messaging system specified by the Superintendent;(h)to comply with such other conditions as the Superintendent or the authorised rehabilitation officer may impose.(1A) The Superintendent may, at any time, by order in writing served on the inmate who has been granted leave under paragraph (1) —(a)amend, vary or add to any of the conditions in paragraph (1); or(b)exempt the inmate from any of the conditions in paragraph (1).(2) If the Superintendent or, in his absence, the authorised rehabilitation or custodial officer is satisfied that an inmate has contravened or failed to comply with any of the conditions imposed under paragraph (1), he may cancel any leave granted to the inmate under this regulation.(2A) Any inmate who fails to return to the approved institution after the leave granted to the inmate has been cancelled under paragraph (2) —(a)is deemed to be unlawfully at large; and (b)shall be guilty of an offence.(2B) A person who is guilty of an offence under paragraph (2A) shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both.(3) In this regulation, “messaging system” has the meaning given by regulation 12(6).

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