No. 7 of 1899.
An Ordinance to amend and consolidate the law relating to Prisons.
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REG 15 APR 19
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HENRY A. BLAKE,
Gocernor.
[7th March, 1899.]
Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-
1. This Ordinance may be cited as The Prisons Ordinance, Short title. 1890.
2. The Governor of Hongkong (who is hereafter in this Governor Ordinance referred to as the Governor) may from time to may make time wake, and when made alter, or revoke, orders for any of the following purposes, viz. :--
orders in
matters,
1885, s. 1, as amended by Ord. 4 of 1598.]
(a.) To set apart any available sites and buildings [Ord. 18 of
for the purpose of a prison. (b.) To discontinue the use of any prison and appro- priate the site and buildings thereof to any other lawful purpose.
(c.) To remove prisoners from one prison to another. (d.) To appoint fit persous to be respectively superin- tendents of prisous, assistant superintendents) chap- lains, surgeons, chief wardersJand such subordinate officers for the service of prisons as the Governor may think necessary, and to remove such persons from their offices, and to regulate the salaries to be paid to such persous.
added by 4 of 1898 [ 7
prison.
3. The site and buildings and prison known as Victoria Victoria Gani Gaol at the time of the coming into operation of this demand a Ordinance shall be deemed to be a prison duly set apart fond ta of under section 2 of this Ordinance.
1885, s. 2.]
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4. The Superintendent and [Assistant Superintendent, Present chict warder andJofficers of Victoria Gaol at the time of the officers to be decrned commencement of this Ordinance shall be deemed to be duly
appointed appointed under section 2 of this Ordinance. But such under this officers shall hold their offices by the same tenure, and upon Ordinance. like terms and conditions, as if this Ordinance had not passed, (Ibid, s. 3.)
5. Prisoners shall be under the control of superintend- Superintend- ents assistant superintendents of prisons and chief warders ents
(Ibid, s. 4.) assisted by the prison officers.
6. A prisoner shall be deemed to be in legal custody when- Custody of ever he is being taken to or frum, or whenever he is con- prisonera. fined in, any prison in which he may be lawfully confined, Ibid, s. 5.} or whenever he is working outside or is otherwise beyond the walls of any such prison in the custody or under the control of a prison officer belonging to such prison, and any constable or other officer acting under the order of any Judge or Justice of the Peace, or 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.
7. The requisitions of this Ordinance with respect to Separation
of prisoners. the separation of prisoners are as follows:-
(Ibid, s. 6.)
(1.) In every prison separate cells shall as far as possible be provided equal in number to the average of the greatest number of prisoners who have been confined in such prison at any time during each of the preceding five years.
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