S.L. 260.3 Art. 70Provision of a sample.

(1) The Director may order a prisoner to provide a sample for the purpose of ascertaining by means of laboratory analysis or of a device approved by the Minister whether he has any drugs or alcohol in his body.

(2) In this regulation "drugs" means any dangerous drug as defined in article 12 of the Dangerous Drugs Ordinance, or any specified or restricted drug under the Medical and Kindred Professions Ordinance, and "sample" means a sample of urine and, or a sample of breath.

(3) When requiring a prisoner to provide a sample the Director shall, as far as is reasonably practicable, inform the prisoner:

(a) that he is being required to provide a sample for the purpose of this regulation; and

(b) that a refusal to provide a sample may lead to disciplinary proceedings being brought against him.

Provided that a prisoner who refuses and/or fails to provide the required sample as provided under this regulation, shall without prejudice to disciplinary proceedings, be deemed to be in breach of this regulation and can forfeit days of remission in accordance with the provisions of Part V of the Restorative Justice Act:

Provided further that it shall be a defence for such prisoner to prove that his failure to provide a sample was due to a physical or mental incapacity to provide it or because its provision would entail a substantial risk to his health.

(4) The sample shall be a fresh sample, free from adulteration.

(5) When requiring a sample from a prisoner, the Director shall make such arrangements and give the prisoner such instructions for its provision as may be reasonably necessary in order to prevent or detect its adulteration or falsification.

(6) A prisoner who is required to provide a sample may be kept apart from other prisoners for a period not exceeding one hour to enable arrangements to be made for the provision of the sample.

(7) A prisoner who is unable to provide a sample may be kept apart from other prisoners until he has provided the required sample, save that a prisoner may not be kept apart under this sub-regulation for a period of more than five hours.

(8) A prisoner required to provide a sample of urine shall be afforded such degree of privacy as may be compatible with the need to prevent or detect any adulteration or falsification, in particular a prisoner shall not be required to provide a sample of urine in the sight of a person of the opposite sex.