370
THE HONGKONG GOVERNMENT GAZETTE, 11TH MARCH, 1899.
No. 7 OF 1899.
An Ordinance to amend and consolidate the law relating to Prisons.
LS
HENRY A. BLAKE,
Governor.
Short title.
Governor way make orders in certain matters. [Ord. 18 of 1885, s. 1, an amended by Ord. 4 of 1898.]
Victoria Gaol deemed a prison. [Ord. 18 of 1885, s. 2.]
-
Present officers to be deemed appointed under this Ordinance.
(Ibid, s. 3.)
Superintend
ents.
(Thid, s. 4.)
[7th March, 1899.]
Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows
1. This Ordinance may be cited as The Prisons Ordinance, 1899.
2. The Governor of Hongkong (who is hereafter in this Ordinance referred to as the Governor) may from time to time make, and when made alter, or revoke, orders for any of the following purposes, viz. :-
(a.) To set apart any available sites and buildings
for the purpose of a prison.
(b.) To discontinue the use of any prison and appro- priate the site and buildings thereof to any other lawful purpose.
(c.) To remove prisoners from one prison to another. (d.) To appoint fit persons to be respectively superin- tendents of prisons, assistant superintendents, chap- lains, surgeons, chief warders and such subordinate officers for the service of prisons as the Governor may think necessary, and to remove such persons from their offices, and to regulate the salaries to be paid to such persons.
3. The site and buildings and prison known as Victoria Gaol at the time of the coming into operation of this Ordinance shall be deemed to be a prison duly set apart under section 2 of this Ordinance.
4. The Superintendent and Assistant Superintendent, chief warder and officers of Victoria Gaol at the time of the commencement of this Ordinance shall be deemed to be duly appointed under section 2 of this Ordinance. But such officers shall hold their offices by the same tenure, and upon like terms and conditions, as if this Ordinance had not passed.
5. Prisoners shall be under the control of superintend- ents, assistant superintendents of prisons and chief warders assisted by the prison officers.
Custody of 6. A prisoner shall be deemed to be in legal custody when- prisoners. ever he is being taken to or from, or whenever he is con- (Ibid, s. 5.) fined in, any prison in which he may be lawfully confined, or whenever he is working outside or is otherwise beyond the walls of any such prison in the custody or under the control of a prison officer belonging to such prison, and any constable or other officer acting under the order of any Judge or Justice of the Peace, or officer having power to commit a prisoner to prison, may convey a prisoner to or from any prison to or from which he may be legally committed or removed.
Separation
7. The requisitions of this Ordinance with respect to of prisoners, the separation of prisoners are as follows :- (Ibid, s. 6.)
(1.) In every prison separate cells shall as far as possible be provided equal in number to the average of the greatest number of prisoners who have been confined in such prison at any time during cach of the preceding five years.