Use of force.
Occasions when arms may be used.
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PART IV.
Use of Forçe or Årms.
237. (0) No officer of the Prisons Department in dealing with prisoners shall use force unnecessarily and, when the application of force to a prisoner is necessary, no more force than is necessary shall be used.
(2) No officer of the Prisons Department shall deliberately act in a manner calculated to provoke a prisoner.
238. (1) The Superintendent and every officer of the Prisons Department shall be provided with whistles and they may or may not be issued with arms as the Commissioner may direct.
(2) The Commissioner, Superintendents and every officer of the Prisons Department may use arms against any prisoner escaping or attempting to escape : Provided that resort shall not be had to the use of any such arms unless such officer has reasonable cause to believe that he cannot otherwise prevent the
escape.
(3) The Commissioner, Superintendents and every officer of the Prisons Department may use arms on any prisoner engaged in any combined outbreak, or in any attempt to force or break open the outside door or gate or enclosure wall of a prison, and may continue to use such arms so long as such combined outbreak or attempt is being actually prosecuted.
(4) The Commissioner, Superintendents and every officer of the Prisons Department may use arms against any prisoner using violence to any brother officer or other person : Provided that such officer has reasonable grounds to believe that the officer of the Prisons Department or other person is in danger of life, or limb, or that other grievous hurt is likely to be caused to him.
(5) Before using arms against a prisoner under the authority contained in paragraph (2), the officer shall warn such prisoner that he is about to fire on him.
(6) An officer of the Prisons Department shall not, in the presence of his superior officer, use arms of any sort against a prisoner in the case of an outbreak or attempt to escape except under the express orders of such superior officer.
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(7) The use of arms under this rule shall be, as far as possible, to disable and not to kill.
(8) The Commissioner, Superintendents and every officer of the Prisons Department while acting as such, shall have all the powers, authorities and protection of a police officer as defined
in the Police Force Ordinance except as to pay and pension or (Cap. 232). other reward.
PART V.
Disciplinary PROVISIONS APPLICABLE TO ALL OFFICERS
AND OTHER PERSONS EMPLOYED IN PRISONS,
(1) Offences Against DisCIPLINE.
239. Any officer of the Prisons Department or other person Offences. employed in the prisons commits an offence who-
(a) without good and sufficient cause fails to carry out any
Iawful order, whether written or verbal;
(b) is insubordinate towards any officer in the service of the Prisons Department whose orders it is for the time being his duty to obey;
(0)
(1) neglects, or without good and sufficient cause fails to do, promptly and diligently, anything which it is his duty to do; or
(ii) by carelessness or neglect in the performance of his duty contributes to the occurrence of any loss, damage or injury to any person or property;
(d) knowingly makes any false, misleading, or inaccurate statement in connexion with his duty either verbally, or in any official document or book, or signs any such state- ment, or with intent to deceive, destroys or mutilates any such document or book, or erases any entry therein;
(e) without proper authority-
(i) divulges any matter which it is his duty to keep secret;
(ii) directly or indirectly communicates to the Press or to any other person any matter which may have come to his knowledge in the course of his official duties;