Probation Act (Cap. 446)
Probation Act (Cap. 446), article 3A
3A. (1) The Director or his representative may order a
probationer or a parolee to provide a sample for the purpose of
ascertaining by means of laboratory analysis or by a device
approved by the Minister whether he has any drugs or alcohol in his
body.
Cap. 101.
Cap. 31.
(2) In this article "drugs" means any dangerous drug as defined
in article 12 of the Dangerous Drugs Ordinance, or any specifie d or
restricted drug under the Medical and Kindred Professions
Ordinance.
(3) When requiring a probationer or parolee to provide a
PROBATION [CAP. 446. 3
sample, the Director or his representative shall, as far as is
reasonably practicable, inform the probationer or parolee:
(a) that he is being required to provide a sample for the
purpose of this Act; and
(b) that a refusal to provide a sample may lead to a breach
of parole licence or a breach of any community based
sanction.
(4) The sample shall be a fresh sample, free from adulteration.
(5) When requiring a sample from a probationer or a parolee,
the Director or his representative shall make such arrangements and
give the probationer or parolee such instructions for its provi sion as
may be reasonably necessary in order to prevent or detect its
adulteration or falsification.
Cap. 516.
(6) For the purpose of this article "parolee" has the same
meaning assigned to it by article 2 of the Restorative Justice Act.
Appointment of
probation officers.
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