A BILL
ENTITLED
The Prison Ordinance 188
Enclosure 1 in despatch N. 6 of 6th January, 1883, from the Officer Administering the Government,
(with 6 spare copies)
[C.S.O. No. 4544 of 1882.]
37
C 0.
2001
THE BILL ENTITLED THE PRISON ORDINANCE 188
APED 14 FEB ST!
Memorandum of the Honourable the Attorney General, dated 7th October, 1882.
1. I understand from the despatches of the Secretary of State which have been sent to me "to prepare the necessary Ordinance," that what is desired is the draft of an Ordinance assimilating the law as to prison discipline in Hongkong to that in force in England.
2. The only Ordinances relating to prisoners at present in force are Ordinance 10 of 1858 and 4 of 1863, and 2 of 1878.
3. The draft Ordinance makes provision corresponding to all that is provided for in these Ordinances with reference to prisons, so that, with the exception of Sections 1 and 2 of the former, the whole of both might be repealed.
4. The portion of the draft Ordinance providing for the setting apart of prison accommodation and for regulating the legal status of prisoners is adapted from Sections of the Imperial Prisons Acts of 1865 and 1877 and from Sections of the above mentioned local Ordinances as indicated in the marginal notes.
5. The law as to prison discipline is adopted substantially without change from the said Imperial Acts.
The separation of prisoners, which is part of such discipline, is provided for in Sections 6 and 7 which correspond to Sections 17 and 18 of the Prisons Act 1865, but I am not sure whether the accommodation at present existing in the Gaol is sufficient to meet the conditions there laid down. The nature of the hard labour to be imposed, which is another part of such discipline, is provided for in Section 8 which corresponds to section 19 of the Prison Act 1865.
6. Under the Imperial Acts prison government and discipline is provided for,
(1.) by certain Sections of those Acts,
(2.) by regulations contained in the Schedule to the Act of 1865,
(3.) by rules of Secretary of State made under powers given to him or transferred to him
by the Act of 1877.
7. The draft Ordinance proceeds upon the same principle.
Under it prison government and discipline is to be provided for,
(1.) by certain Sections of the Ordinance,
(2.) by regulations contained in the Schedule to the Ordinance which are in most cases a transcript with slight alterations from the rules in Schedule A of the Prisons Act 1865. In one instance only viz. rule 34, the substance of a Secretary of State's rulo (viz. 24 and 25) made under the Prisons Act 1877, is incorporated with the rule transcribed from the Prisons Act 1865.
(3.) by rules to be made by the Governor in Council under Section 18 of the Ordinance.
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