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Custody and conveyance of prisoners.
[cf. 1952 c. 52, s. 13.)
Removal of prisoners for
medical
treatment.
[ 1914 c. 58, s. 17; 1952 c. 52, s. 22.)
Attendance of prisoners.
Leave of absence of persons detained.
[cf. 1959 c. 72, s. 39.] (Cap. 221.)
CAP. 234]
Prisons
[1986 Ed.
10. (1) A person shall be deemed to be a prisoner and in legal custody whenever he is being taken to or from, or is confined in, any prison in which he may be lawfully confined, whether under criminal or civil process, or whenever he is working outside or is otherwise outside any such prison in the custody or under the control of an officer of the Correctional Services Department.
(2) Any police officer or other officer acting under the order of any judge or magistrate or other 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.
11. The Commissioner on being satisfied that a prisoner is suffering from a disease and cannot properly be treated in a prison, or that he should undergo and desires to undergo a surgical operation which cannot properly be performed in a prison, or that a female prisoner is pregnant and that a birth may be imminent, may order that the prisoner be taken to a Government hospital or other suitable place for the purpose of treatment or such operation or such birth, and while absent from a prison in pursuance of such order the prisoner shall be deemed to be in legal custody.
12. (1) When the attendance of any prisoner at any place is required by a court, tribunal or other body performing judicial functions or for the purposes of any enactment, the Commissioner shall arrange for his transfer in custody to and from such place, and during any such transfer the prisoner shall be deemed to be in legal custody. (Amended, 19 of 1969, s. 3)
(2) Without prejudice to subsection (1), if the Governor, after consultation with the Commissioner, is satisfied that the attendance of a prisoner at any place is desirable in the interests of justice or for the purposes of any public inquiry, the Governor may by order direct that prisoner to be taken to that place in pursuance of such interests or for such purposes and while absent from a prison in pursuance of such order the prisoner shall be deemed to be in legal custody. (Added, 31 of 1983, s. 3)
12A. (1) The Governor may grant a permit to any person who is detained in a prison under section 76 of the Criminal Procedure Ordinance to be absent from the prison, subject to such conditions (if any) as the Governor considers necessary in the interests of such person or for the protection of other persons. (Amended, 34 of 1972, s. 22)
(2) Leave of absence may be granted to a prisoner under this section either indefinitely or on specified occasions or for any specified period and where leave is so granted for a specified period, that period may be extended by further leave granted in the absence of the prisoner.
(3) Where it appears to the Governor that it is necessary so to do in the interests of the prisoner or for the protection of other persons, he may, upon granting leave of absence under this section,
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