Duty to attend religious
services.
Power of visiting justices
and
Superin- tendent L grant and Withdraw facilities.
Duty to keep prisoner charged
with capital uffence under
special
and
constant
64
(2) Any confidential written communication, prepared as instructions to counsel or solicitor of such prisoner, may be delivered personally to such counsel, or solicitor, or his authorized clerk without previous censoring by an officer of the prisons.
(3) All other written communications shall be treated as letters and censored in accordance with the provisions of rule 46(b) and shall not be sent out of the prison without the prior authority of the Superintendent,
205. It shall not be compulsory for any prisoner awaiting Trial to attend any religious services except those of his own church or persuasion, but, subject to the foregoing provisions, he shall attend divine service on Sundays and on other days when such service is held, unless prevented by illness, or excused by the Superintendent.
(h) Miscellaneous,
206. (1) The visiting justices or the Superintendent before granting any permission which by these rules they are authorized or required to grant, shall satisfy themselves that it can be granted without interfering with the security, good order and government of the prison.
(z) If there is any abuse of the facilitics so granted, the visiting justices shall have power to suspend or withdraw such permission, and the Superintendent may withdraw it if granted by himself, or suspend it if granted by the visiting justices, if the case is urgent, provided he reports the case as soon as possible to the visiting justices.
207. (1) Every prisoner charged with a capital offence shall be kept under special observation at all times, and the Medical Officer shall keep a written record, in which entries shall be made from time to time, of the prisoner's physical and mental condition.
(2) The Medical Officer may, if he considers that it will be of assistance to him in forming an opinion as to the mental con- observation. dition of such prisoner, apply to the Registrar of the Suprente Court for a copy of the depositions taken before the magistrate.
65
report on
208. (1) The Medical Officer or, if the prisoner shall have Duty of
Medical been sent to a mental hospital for observation, the medical officer Officer to in charge of such hospital shail, not later than 7 days before the submit trial of a prisoner charged with a capital offence, submit a report mental to the Registrar of the Supreme Court and to the Attorney General condition on the mental condition of such prisoner, stating whether or not charged the prisoner has exhibited any indication of insanity and whether with
capital or not he is fit to plead.
(a) Such report shall not express any opinion as to the prisoner's degree of responsibility at the time the offence was committed, but if, from symptoms exhibited while under obser- vation in the prison or in a mental hospital the Medical Officer or the medical officer in charge of a mental hospital, as the case may be, is of opinion that insanity exists and has done so for some time previous to the offence, or that there is any history of insanity, his report should embody this opinion,
(3) APPELLANTS.
of prisoner
offence.
209. The following rules apply to persons (hereinafter referred Appellants.
to as "appellants") committed to prison for safe custody-
(a) who have lodged an appeal to which section rog or III
of the Magistrates Ordinance applies and have obtained (Cap. 227).
a stay of execution or sentence under the provisions of section 116 thereof; or
(b) who have been committed under subsection (1) of section
S1 of the Criminal Procedure Ordinance; or
(c) who, as appellants, have not been admitted to bail under subsection (y) of section 82 of the Criminal Procedure Ordinance:
but their application to prisoners who are under sentence of death shall be subject to the rules applying to those prisoners.
(Cap. 221).
meat.
110. Every appellant shall have the option of employment in Option of the service or industries of the prison at his election. In the employ- event of an appellant electing to be so employed he shall receive payment in accordance with rates to be fixed by the Commissioner,
done.
211. If an appellant is ordered by a judge to be released Earnings otherwise than on bail pending the hearing of his appeal, payment for work of all sums of money earned by him under the provisions of rule 210 shall be paid to him.