Misuse of Drugs (Approved Institutions) (Discipline) Regulations

Misuse of Drugs Act

(Chapter 185, Section 44)

Rg 5

G.N. No. S 137/1979

REVISED EDITION 1999

(1st July 1999)

[29th June 1979]

Citation

1. These Regulations may be cited as the Misuse of Drugs (Approved Institutions) (Discipline) Regulations.

Definitions

2. In these Regulations, unless the context otherwise requires —

“centre” means any approved institution as defined in the Act;

“Director of Prisons” has the same meaning as in section 2 of the Prisons Act (Cap. 247);

“inmate” means any drug addict or abuser who is detained in a centre;

“medical officer” means a Government medical officer who is for the time being assigned to perform the functions of a medical officer under these Regulations;

“officer” means the Superintendent of a centre and includes any other rehabilitation or custodial officer who is attached to the centre;

“probation officer” means a person appointed as a probation officer or volunteer probation officer under section 3 of the Probation of Offenders Act (Cap. 252);

“supervision officer” means any person appointed by the Minister under regulation 15(1) of the Misuse of Drugs (Approved Institutions and Treatment and Rehabilitation) Regulations (Rg 3);

“visitor” means a member of the Board of Visitors appointed under regulation 3 of the Misuse of Drugs (Board of Visitors for Approved Institutions) Regulations (Rg 4), and includes any other person authorised by the Minister or the Director of Prisons to visit a centre.

Duties of inmates

3.—(1) An inmate of a centre shall work in such workshop or do such work as may be assigned to him by the Superintendent of the centre.

(2) An inmate shall keep his bedding, personal effects and all the surrounding areas and the toilets of his living quarters clean and tidy.

Enforcement of discipline

4. Every officer shall treat every inmate justly and firmly in the enforcement of discipline.

Use of force

5.—(1) Every officer may use reasonable force against any inmate who —

(a)	is escaping or attempting to escape from a centre;
(b)	is engaged in a mutiny or an outbreak by himself or with other inmates;
(c)	attacks the officer or any other person; or
(d)	without any reasonable excuse, repeatedly refuses to obey a lawful order given by the officer.

(2) Where force is used against an inmate under paragraph (1), the inmate shall be examined by a medical officer as soon as possible.

Discipline of inmates outside centre

6. Every person, while being taken to or from any centre to which he has been lawfully committed under the Act or while working outside the centre, or is otherwise beyond the premises thereof, in or under the lawful charge or control of an officer, shall be subject to the same discipline and to the same constraints as if he were within the centre.

Punishments for minor offences

7. An inmate of a centre who contravenes or fails to comply with regulation 3 or commits any of the minor offences set out in Part I of the Schedule shall be liable, in addition to or in lieu of any other punishment which may be imposed under the Act or any other written law, to any one or more of the following punishments to be imposed by the Superintendent of the centre:

(a)	deprivation of not more than 2 visits by relatives and friends of the inmate;
(b)	deprivation of the privilege to use or patronise the centre’s canteen for a period not exceeding one month;
(c)	stoppage or reduction of earnings for a period not exceeding one month;
(d)	reprimand.

Punishments for major offences

8. An inmate of a centre who commits any of the major offences set out in Part II of the Schedule shall be liable, in addition to or in lieu of any other punishment which may be imposed under the Act or any other written law, to any one or more of the following punishments to be imposed by the Superintendent of the centre:

(a)	deprivation of not more than 4 visits by relatives and friends of the inmate;
(b)	deprivation of the privilege to use or patronise the centre’s canteen for a period not exceeding 2 months;
(c)	solitary confinement in a ward for a period not exceeding 7 days;
(d)	stoppage or reduction of earnings for a period not exceeding 2 months;
(e)	corporal punishment not exceeding 6 strokes with a rattan.

Records of punishments

9.—(1) Any punishment imposed on an inmate under these Regulations shall be recorded in a register.

(2) The number and name of the inmate, the nature of the offence for which the punishment is imposed and such other details thereof as the Director of Prisons may require shall also be recorded in the register.

Director to be informed of offences

10.—(1) Where the Superintendent of a centre has found an inmate guilty of an offence, he shall notify the Director of Prisons of the facts of the case not later than 7 days after the inmate has been found guilty of the offence.

(2) The Director of Prisons may amend, alter or vary any punishment imposed by the Superintendent of a centre under these Regulations.

Right to be heard

11. No inmate shall be punished under these Regulations until he has had an opportunity of hearing the charge and the evidence against him and of making his defence.

Corporal punishment

12. Corporal punishment shall not be imposed under these Regulations on —

(a)	women;
(b)	males who are above 50 years of age; or
(c)	any inmate unless a medical officer is present and certifies that the inmate is in a fit state of health to undergo such punishment.

Offences

13.—(1) Any person who without lawful authority —

(a)	conveys, supplies or causes to be conveyed or supplied to any inmate or hides or places for the use of any inmate any letter, document, intoxicating liquor, tobacco, drug, money, clothing, provisions or any other article;
(b)	brings or attempts by any means to introduce into any centre, or places or attempts to place where inmates work, any letter, document, intoxicating liquor, tobacco, drug, money, clothing, provisions or any other article to be sold or used therein;
(c)	brings or attempts to bring out of any centre or conveys from any inmate, any letter, document or other article; or
(d)	communicates with any inmate,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.

(2) Every officer of a centre who without lawful authority —

(a)	knowingly suffers any intoxicating liquor, tobacco, drug, money, clothing, provisions, letter, document or other article to be sold to or received or used by any inmate;
(b)	lends or gives to any inmate any such intoxicating liquor, tobacco, drug, money, clothing, provisions or other article; or
(c)	knowingly suffers any letter, document or other article to be brought out of any centre, or to be conveyed from any inmate,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.

[G.N. Nos. S 137/79; S 182/82; S 51/90; S 325/91; S 278/95]

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