THE HONGKONG GOVERNMENT GAZETTE, 21st NOVEMBER, 1885. 1013
meanor 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 misdemcanant of the first division shall not be deemed to be a criminal prisoner within the meaning of this Ordinance. Every person imprisoned under any rule, order, or attachment for contempt of Court shall be treated as a misdemeanant of the first division.
10. Every person 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.
11. Every person who, contrary to the regulations of the prisons, brings or attempts by any means whatever to introduce into any prison any spirituous or fermented liquor or tobacco or opium, and every officer of a prison who suffers any spirituous or fermented liquor or tobacco or opium to be sold or used therein, contrary to the prison regulations, on conviction shall be sentenced to imprison- ment for a term not exceeding six months, or to a penalty not exceeding twenty pounds, or both in the discretion of the Court, and every 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.
12. Every person who, contrary to the regulations of a prison, conveys or attempts to convey any letter or other document, or any article whatever not allowed by such regulations into or out of any prison, shall on conviction incur a penalty not exceeding ten pounds, and, if 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 punishment under any other provision of this Ordinance.
13. The Superintendent shall cause to be affixed in a conspicuous place outside the prison a notice îu Euglish and in Chinese setting forth the penalties that will be incurred by persons committing any offence in contravention of the three preceding sections.
14. It shall be the duty of the Coroner to hold an in- quest on the body of every prisoner who may die within a 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.
15. If any suit or action is prosecuted against any person for any thing done in pursuance of this Ordinance, such person may plead that the same was done by authority of this Ordinauce and if a verdict passes for the defendant, or the plaintiff becomes nonsuited, or discontinues his action after issue joined, or if, upon demurrer or otherwise, judg- 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 takes place certifies his approbation of the action and the verdict obtained thereupon.
16. Offences under this Ordinance, with the exception of felonies, and of offences for the mode of trial of which express provision is made by this Ordinance, shall be pro- secuted summarily before a Police Magistrate.
17. The Governor in Executive Council shall, as soon as possible after the commencement of this Ordinance, make rules for the regulation and government of prisons, and for the duties and conduct of the officers and other persons employed in prisons, and of the Visiting Justices, and for the classification, diet, clothing, maintenance, employment, dis- cipline, instruction, and correction of prisoners, 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. All such rules shall be published in the Govern- ment Gazette, and shall from the date of such publication be bonding on all persons in the same manner as if they had
Alding in escape.
Introduction
of prohibited articles into prison.
Conveying documents or articles out of a prison.
Superintend- ent to notify penalties for brequebes of the 3 preceding sections.
Inquest to be hotel
death in pri- son. Certain Pestens dis- qualiied from serving as t Juror at such Inquests.
Protection of persons against meta done under this Ordi-
Dance.
Offences except felonies to be prose- cuted summa- rily before Magistrate.
Governor in Council may make Rules.