398
Separate confinement cells to be approved by Governor.
28 & 29 Vict.
126 s. 18.
Regulation of hard labour.
No. 4. THE ORDINANCES OF HONGKONG: [A.D. 1898
taking exercise, or by every prisoner being 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; and,
(6.) in a prison where prisoners under the age of sixteen years are confined, they shall be kept separate from prisoners of or above that age.
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8.-(1.) 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 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 prisoner to communicate at any time with an officer of the prison; but a distinction may be made in 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 intended to be employed during the whole day or for a long or short part thereof; the Governor's approval may be varied accordingly, so as to express the period of imprisonment for which each cell may be considered fit, and the number of hours in the day during which the prisoners may be employed therein.
(2.) 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 unless 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 punishment cell without detriment to the prisoner's health, and the time for which it may be so used shall be stated in the approval.
(3.) 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 approval, and the number or mark of any approved cell shall not be changed without the Governor's approval.
(4.) Any approval given by the Governor in respect of a cell may be withdrawn on such alteration taking place in such cell as to render the approval, in his opinion, inapplicable thereto, and, on an approval in respect of a cell being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.-(1.) Hard labour, for the purposes of sentences of imprisonment with hard labour, shall be of such classes, character, and description as may be appointed by rules made by the Governor-in-Council under Ordinance or under any Ordinances amending the same.