426
Laws of transportation to apply to offenders under penal servitude.
Computation of time.
Gangs made responsible for escapes.
Certain convict prison Laws extended to this Colony.
Power to His Excellency in Council to make regulations.
Power of imprisonment not affected by this Ordinance.
ORDINANCE No. 10 OF 1858.
Penal Servitude.
2. All laws and gaol regulations relating to the removal, transportation, care, custody, management, employment, and discipline of offenders under sentence or order of transportation, and the punishment of such offenders if at large without lawful cause, whilst the said sentence or order is in force, and all other Laws relating to such offenders, shall apply to offenders kept in penal servitude.
3. Any of the said offenders may be removed and transported to any such place as aforesaid during his term of punishment, and the whole of the time (if any) during which he may have been kept in penal servitude or imprisonment during the term specified in his sentence or order, shall be computed and allowed unto him in determining the duration of his term of transportation.
4. In case any offender kept in penal servitude shall escape, under circumstances which, being proved by lawful evidence before the Court of Petty Sessions, shall satisfy the said Court that any other offender with whom, or offenders with or amongst whom, the said offender was at the time of his said escape, might, if so disposed, have prevented him from effecting or attempting it, the said Court shall have power to order and adjudge that any term of penal servitude not exceeding three years shall be allotted unto every such offender: in addition to, and by way of increase of, the periods or period still unexpired of the punishment to which such offender as last aforesaid was liable at the time of the said escape. [Repealed by Ordinance No. 2 of 1859.]
5. The laws for the time being in force within England for the prevention or punishment of the offences of prison breach, escape, rescue, and bringing or carrying in or out of prohibited articles, when committed, attempted, or allowed by, or with reference to, or in favor of, prisoners ordered to be detained in convict prisons, shall be applicable to the like offences, when committed or attempted by, or with reference to, or in favor of, offenders kept in penal servitude, whether original or substituted as aforesaid.
6. His Excellency the Governor in Executive Council is hereby empowered from time to time to make, alter, repeal, or revive such regulations (in any manner, not being inconsistent with this Ordinance) for the diet, clothing, maintenance, employment, instruction, discipline, correction, removal, and discharge of offenders undergoing the said punishment of penal servitude, and for the duties and conduct of their keepers and overseers, and other the officers employed in or about the premises, as to His said Excellency in Council shall in the premises seem meet; yet so as that every such regulation, alteration, repeal, and revivor, be forthwith notified in the Hongkong Government Gazette for general information.
7. The jurisdiction to sentence offenders to imprisonment with or without hard labour, and the execution of such sentences, are not affected by this Ordinance.
[Repealed by Ordinance No. 10 of 1887.]
For Regulation as to employment of Penal Servitude Prisoners of the 28th December, 1882. See Gazette, 30th of the same month.
For Rules as to management of Prisoners of 23rd January, 1883, see Gazette 27th January, 1883.