3
Addition of
Dew section
12A
Addition of
new section ITA.
4.
The principal Ordinance is amended by adding after section 12 the following new section—
"Leave of absence of persons detained during Her Majesty's pleasure. (Cup 221) 14.78
FR. 2, 4. 72,
39.)
5.
12A. (1) The Governor may grant a permit to any person who is detained in a prison under sec- tion 76 of the Criminal Procedure Ordinance until Her Majesty's pleasure is known to be absent from the prison, subject to such conditions (if any) as the Governor considers necessary in the interests of such person or for the protection of other persons.
(2) Leave of absence may be granted to a prisoner under this section either indefinitely or on specified occasions or for any specified period and where leave is so granted for a specified period, that period may be extended by further leave granted in the absence of the prisoner.
(3) Where it appears to the Governor that it is. necessary so to do in the interests of the prisoner or for the protection of other persons, he may, upon granting leave of absence under this section, direct that the prisoner remain in custody during his absence; and where leave of absence is so granted the prisoner may be kept in the custody of a subor-
dinate officer.
(4) In any case where a prisoner is absent from a prison in pursuance of leave of absence granted under this section, and it appears to the Governor that it is necessary so to do in the interests of the prisoner's health or safety or for the protection of other persons, the Governor may, by notice in writing given to the prisoner or to the person for the time being in charge of the prisoner, revoke the leave of absence and recall the prisoner to prison.
(5) Any prisoner who has been granted leave of absence under this section and who does not return to prison at or before the expiration of the period of absence specified under subsection (2) may be arrested by any person without warrant.",
The principal Ordinance is amended by adding after section 17 the following new section-
"Failure by
17A. Any prisoner who has been granted leave prisoner to of absence under the rules made under section 25 return after
and who without lawful excuse fails to return to leave of absence an prison at or before the expiration of the period for offence.
which leave has been granted shall be guilty of au offence and liable on conviction to imprisonment for two years.".
6. The principal Ordinance is amended by adding after section 24 the following new section-
"Governor
24A. The Governor may determine dietary
to determine scales of plain and wholesome food which shall be
supplied to each prisoner.".
dietary scales.
7. Section 25 of the principal Ordinance is amended in subsection (1)
(a) by deleting paragraph (d) and substituting the follow-
ing-
"(d) the acts which shall be disciplinary offences on the part of any officer of the Prisons Depart- ment or other person employed in the prisons: (da) the inquiry by the Commissioner, Deputy Com- missioner or such other authority as may be prescribed into a disciplinary offence by any such officer or other person:
(db) the procedure to be followed in any case where a disciplinary offence or a breach of duty is alleged to have been committed by any such officer or other person:
(de) the punishment, including-
(1) dismissal;
(ii) imposition of a fine:
(iii) reduction to a lower rank or pay:
(iv) forfeiture of seniority:
(v) stoppage or deferment of increments;
(vi) performance of extra duty;
(vii) reprimand or severe reprimand.
of such officer or other person for any dis- ciplinary offence,
(dd) the application of money in the possession of a prisoner committed for non-payment of a fine towards the fine adjudged to be paid:"; and
(6) in paragraph (6), by deleting "diet,”.
8. The principal Ordinance is further amended by deleting "liable on summary" wherever it occurs in sections 17, 18, 19 and 21 and substituting in each case the following-
"guilty of an offence and shall be liable on".
Addition of new section 24.A.
Amendment of section 25.
General
amendment's
to principal Ordinance.