THE HONGKONG GOVERNMENT GAZETTE, 30TH MAY, 1863.
147
so that no greater penalties shall be imposed for any breach of any Prison Rule than to the extent hereby provided.
tendent alone
soners.
XI. It shall be lawful for the Superintendent of any Gaol to punish by Imprison- Power of Superin- ment in a Solitary Cell for not exceeding Three Days on Bread and Water or Rice and is refructe to pu- Water, or, if the Prisoner be under conviction of Felony, to punish by moderate corporal punishment not exceeding Twelve Strokes of a Rattan, any Prisoner whom he may find after due investigation to have been guilty of any of the following offences or of any breach of Prison Regulation or Discipline:
Assault and Battery.
Profane Cursing or Swearing or using indecent, violent or insulting Language. Indecent, irreverent, or disorderly behaviour.
Idleness or Negligence in Work or wilful Damage to or mismanagement of it. Wilful damage to any Cell, Ward or Room, or to any Gaol Furniture or Property whatsoever.
Powers of Superin-
intendent insuffi-
XII. If a Prisoner be guilty of any of the above Offences or of a breach of Gaol tendent and Justice of Regulations or Discipline for the due punishment of which the Superintendent of any the Peace to punish Gaol may deem the powers vested in him insufficient, it shall be lawful for such Super- when those of Super- intendent in conjunction with any Justice of the Peace for the said Colony after in- cient. quiry to punish such Prisoner by close or Solitary Confinement on Bread and Water or Rice and Water for not exceeding Fourteen Days, or, if the Prisoner be under con- viction for Felony or have within Three Months next previous been guilty of a similar Offence, by personal correction not exceeding Thirty-six Strokes.
If punishment be flogging,Twelve hours
to such punishment.
XIII. No corporal punishment shall be inflicted without the written Certificate of, the Medical Officer that the Prisoner can receive the punishment without injury to his to expire before its in- health; and no such punishment shall be inflicted until after the expiration of Twelve fiction, and exceptions Hours after the Prisoner shall have been sentenced thereto under the two Sections next preceding, and no Corporal Punishment shall be inflicted on any Prisoner confined for debt or on first class misdemeanants.
Penalty for sup-
Prisoners.
XIV. If any Person shall introduce into any Prison or wilfully convey in any Articles manner to or within the reach of any Prisoner, whether within or without the Gaol Prison Walls, any intoxicating Drink, Tobacco, Opium, Letter or other articles not allowed by the Rules of such Prison, he shall pay a penalty not exceeding Twenty-five Dollars, and such articles shall be confiscated.
to
dent to certain sen-
soners to be free from
XV. When any Magistrate or Court shall sentence a Prisoner to hard labour, the, What labour inci- same shall mean hard labour (in chains if necessary) within or without the Prison Walls tences and what Pri- in such mode as the Superintendent of such Gaol shall with the sanction of His Excellency imposed labour. the Governor appoint, and if a Prisoner be sentenced to hard labour within the Prison, the same shall mean similar labour imposed in a similar manner within or without the Prison Walls, and if a Prisoner be sentenced to Imprisonment, the same shall mean Imprisonment with labour of such light description within the Prison Walls as may be appointed by the Superintendent under the sanction of His Excellency the Governor; but Prisoners charged with Crime or Offence confined for want of Sureties or to take their trial shall not be under any obligation to labour beyond such labour as may reasonably proper for the purpose of preparing their own food and keeping their Persons and Dress in a proper state, and keeping their Cells clean. If any Prisoners for Debt or on Civil process or under committal for trial shall request to be employed in labour, the Superintendent of the Gaol may respectively employ them in such Work as may
seem to him suitable.
be
XVI. All penalties imposed hereby or by any Rules and Regulations to be in Mode of recovering force under this Ordinance shall be sued for and recovered under Ordinance No. 10 of penalties.
1844.
Passed the Legislative Council of Hongkong, this 26th Day of May, 1863.
L. D'ALMADA E CASTRO,
Clerk of Councils.