184
THE HONG KONG GOVERNMENT GAZETTE, MARCH 17, 1939.
No. 199.
EXECUTIVE COUNCIL.
Use of
weapons.
Hong Kong.
ORDINANCE No. 38 of 1932. (PRISONS).
By virtue and in pursuance of the powers contained in section 17 of the Prisons Ordinance, 1932, the Governor in Council amends the Prisons Rules published on pages 181-257 of the Regulations of Hong Kong, 1844-1925, as follows:--
Amendments.
1. Rules 293 (2) and 299 (2) are rescinded and Rules 293 (1) and 299 (1) are renumbered as Rules 293 and 299 respectively.
2. Immediately after Rule 291 a new heading entitled "Powers and Duties of the Commissioner, Superintendent, Assistant Superintendent and Prisons Officers" is added and the following rule inserted thereunder as Rule 291 A.
291A.--(1) The Superintendent, Assistant Superintendent and every prison officer shall be provided with whistles, and shall be armed or not as the Commissioner may direct.
(2) The Commissioner, Superintendent, Assistant Super- intendent and every prison officer may use weapons against any prisoner escaping or attempting to escape: Provided that resort shall not be had to the use of апу such weapons unless such officer has reasonable grounds to believe that he cannot otherwise prevent the escape.
(3) The Commissioner, Superintendent, Assistant Super- intendent and every prison officer may use weapons on any prisoner engaged in any combined outbreak, or in any attempt to force or break open the outside door or gate or enclosure wall of the prison, and may continue to use such weapons so long as such combined outbreak or attempt is being actually prosecuted.
(4) The Commissioner, Superintendent, Assistant Super- intendent and every prison officer may use weapons against any prisoner using violence to any prison officer or other person: Provided that such officer has reasonable ground to believe that the prison officer or other person is in danger of life or limb, or that other grievous hurt is likely to be caused to him.
(5) Before using "firear against a prisoner under the authority conveyed in sub-section (2), the officer shall give a warning to the prisoner that he is about to fire on him.
(6) No prison officer shall, in the presence of his superior officer, use arms of any sort against a prisoner in the case of an outbreak or attempt to escape except under the orders of such superior officer.
1