THE HONGKONG GOVERNMENT GAZETTE, 4TM FEBRUARY, 1899.
regulations, shall be sentenced on conviction to imprison- ment for a term not exceeding six months with or without hard labour, or to a penalty not exceeding two hundred dollars, or to both in the discretion of the Court, and any officer of a prison convicted under this section shall, in addition to any other punishment, forfeit his office and all arrears of salary due to him,
out of a
13. Every person who, contrary to the regulations of a Conveying prison, conveys or attempts to convey any letter or other documents document, or any article whatever not allowed by such or articles regulations, into or out of any prison, shall on conviction prison. incur a penalty not exceeding one hundred dollars, aud, if (Ibid, s. 12.) an officer of the prison, shall forfeit his office and all arrears of salary due to him, but this section shall not apply in cases where the offender is liable to a more severe punish- ment under any other provision of this Ordinance.
14. The Superintendent shall cause to be affixed in a Superintend- conspicuous place outside the prison a notice in English and ent to notify in Chinese setting forth the penalties that will be incurred penalties for by persons committing any offence in contravention of the the three three preceding sections.
a
15. It shall be the duty of the Coroner to hold an in- quest on the body of every prisoner who may die within prison, and in no case shall any officer of the prison, or any prisoner confined in the prison, or any person engaged in any sort of trade or dealing with the prison, be a juror on such inquest.
breaches of
preceding sections. (Ibid, 8. 13.) Inquest to be held on a death in pri- son. Certain persons dis-
qualified from serving as a Juror at such inquests. (Ibid, s. 14.)
done under
16. If any suit or action is prosecuted against any person Protection for any thing done in pursuance of this Ordinance, such of persons person may plead that the same was done by authority of against acts this Ordinance; and if a verdict passes for the defendant, this Ordi- or the plaintiff becomes non-suited, or discontinues his action nance. after issue joined, or if, upon demurrer or otherwise, judg- (Ibid, s. 15.) ment be given against the plaintiff, the defendant shall recover costs as between solicitor and client and have the like remedy for the same as any defendant has by law in other cases; and though a verdict be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, unless the Judge before whom the trial take place certifies his approbation of the action and the verdict obtained thereupon.
17. Offences under this Ordinance, with the exception Offences of felonies, and of offences for the mode of trial of which except express provision is made by this Ordinance, shall be pro- be prosecuted secuted summarily before a Police Magistrate.
felonies to
summarily before a Magistrate. (Ibid, s. 16.)
Ord. 15 of
18. Every warder or other subordinate prison officer, Misconduct who, after having duly engaged and bound himself to of subordin- serve as such warder or officer, absents himself from his ate officers.
[Compare duties, or who, upon being dismissed or permitted to Ord. 13 of resign from or ceasing to belong to the service of the 1889 and prison, does not deliver up all arms, accoutrements, section 2 of appointments, and things entrusted to him for the per- 1896.] formance of his duty as such warder or officer shall be liable to a fine not exceeding one hundred dollars, or to imprisonment, with or without hard labour, for any term not exceeding three months, and every such offender shall forfeit all pay during such imprisonment.
make rules.
19. The Governor-in-Council shall have power to make Governor-in- rules for the regulation and government of prisons, and for Council may the duties and conduct of the officers and other persons (Ibid, s. 17 employed in prisons, and for the punishment by fine, altered.) degradation to a lower rank or pay, discharge, or dismissal of such officers or other persons and for the duties of the Visiting Justices, and for the conditions under which visitors may be allowed in prisons, and for the classification, diet, clothing, maintenance, employment, discipline, instruction, and correction of prisoners, and the remission of a portion of their sentences, and the granting of gratuites to them, and for all other matters relating to prisons, and may from time to time repeal, alter, or add to such rules: Provided that such rules shall not be inconsistent with anything contained in this Ordinance. The Governor-in-Council shall also have power by such rules to impose any punish- ment or penalty whatever which he may think fit for the breach of any such rules. All such rules shall be published
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