104
THE HONGKONG GOVERNMENT GAZETTE, 4TH FEBRUARY, 1899. ̈
Cells to be approved
by the Gov
ernor.
confined by night to his cell, and being subjected to such superintendence during the day as will, consistently with the provisions of this Ordinance, prevent his communicating with any other prisoner. (6.) In a prison where prisoners under the age of six- teen years are confined, they shall be kept separate from prisoners of or above that age.
8. No cell shall be used for the separate confinement of a prisoner unless it has been approved in writing by the Governor for the purpose, and the Governor shall not give (Ibid, s. 7.) his approval in respect of any cell unless he is satisfied that it is of such a size, and is lighted, ventilated, and fitted up in such a manner as may be requisite for health, and furnished with the means of enabling the pri- soner to communicate at any time with an officer of the prison; but a distinction may be made in the respect of the use of cells for the separate confinement of prisoners during long and short periods of imprisonment, and in respect of the use of cells in which the prisoner is intend- ed to be employed during the whole day, or for a long or short part thereof; and the Governor's approval may be varied accordingly, so as to express the period of impri- sonment for which each cell may be considered fit, and the number of hours in the day during which the prisoners may be employed therein.
Hard labour. (Ibid, s. 8 altered.)
Misdemean- ants of the
1st and 2nd
divisions.
(Ibid, a. 9.)
Escaping or attempting, or aiding, in escape. (Ibid, s. 10 enlarged.)
Introduction
No punishment cell shall be used unless it has been approved in writing by the Governor, and the Governor shall not give his approval in respect of any such cell un- less he is satisfied that it is furnished with the means of enabling the prisoner to communicate at any time with an officer of the prison, and that it can be used as a punish- ment cell without detriment to the prisoner's health, and the time for which it may be so used shall be stated in the approval.
Every approved cell shall be distinguished by a number or mark placed in a conspicuous position, and shall be referred to by its number or mark in the Governor's ap- proval, and the number or mark of any approved cell shall not be changed without the Governor's approval.
Any approval given by the Governor in respect of a cell may be withdrawn on such alteration taking place in such cell as to render the approval, in his opinion, inap- plicable thereto, and upon an approval in respect of a cell being withdrawn, that cell shall cease to be an approved cell for the purposes of this Ordinance.
9. Hard labour for the purposes of sentences of impri- sonment with hard labour shall be of such classes, character and description as may be appointed by rules and regu- lations made by the Governor-in-Council under this Ordinance or under any Ordinances amending the same. Prisoners undergoing hard labour may, in the discretion of the Superintendent of the Victoria Gaol, be employed under the control of officers belonging to the prison, on such public works outside the walls of the prison as the Governor may from time to time approve of
10. In every prison, prisoners convicted of misdemeanour, and not sentenced to hard labour, shall be divided into at least two divisions, one of which shall be called the first divi- sion; and whenever any person convicted of misdemeanour is sentenced to imprisonment without hard labour, the Court or Judge before whom such person has been tried may order, if such Court or Judge thinks fit, that such person shall be treated as a misdemeanant of the first division, and a misdemeanant of the first division shall not be deem- ed to be a criminal prisoner within the meaning of this Ordinance. Every person imprisoned under any rule, order, or atfachment for contempt of Court shall be treated as a misdemeanant of the first division.
11. Every person who escapes or attempts to escape from any prison, or who aids any prisoner in escaping or attempting to escape from any prison, or who, with intent to facilitate the escape of any prisoner, conveys or causes to be conveyed into any prison any mask, dress, or other disguise, or any letter, or any other article or thing, shall be guilty of felony, and on conviction be sentenced to im- prisonment with hard labour for a term not exceeding two years.
12. Every person who, contrary to any prison rule or of prohibited regulation brings or attempts by any means whatever to articles into introduce into any prison any spirituous or fermented liquor prison. (Ibid, s. 11
or tobacco or epium, and every officer of a prison who modified.) suffers any spirituous or fermented liquor or tobacco or opium to be sold or used therein, contrary to the prison