COPYRIGHT PHOTOGRAPH-NUT TO }
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REPRODUCED PHOTOGRAPHIC- ALLY WITHOUT PERMISSION OF THE PUBLIC RECORD OFFICE, LONDON
PUBLIC RECORD OFFICE
Reference -
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authorized for landing
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of them for the purposes of a Gaol and Debtors' Ward respectively and to dediente the same sites respectively for any
other purposes.
Penalty on Persons VI. From and after the passing of this Ordinance no Person shall land upon the other than there duly said Island called Stone Cutters' Island except a Justice of Peace, an Officer of Police approaching or such Persons as shall be duly authorized by an order signed by the Colonial Secretary; Stone Catters' Island and no Vessel shall without sufficient reason approach to within the distance of One hundred yards from the said Island except Police Boats, Commissariat Boats, Boats belonging to Her Majesty's Ships of War, or Boats carrying Justices of the Peace or persons employed in the service of this Government, or persons duly authorized as above; and Person who, contrary to this Ordinance, shall land on the said Island or shall
any being in any Vessel wilfully approach within the said distance from the said Island shall incur a penalty of not exceeding Five hundred Dollars.
How Superinten. denta and Staff for
pointed.
VII. Each Gaol shall be under the care and control of an Officer to be styled the ench Gaot to be ap. Superintendent of such Gaol, who shall be assisted by a Staff to be appointed from time to time by His Excellency the Governor, and such portion of any Gaol as shall be set apart for the confinement of Debtors shali be further subject to the supervision and authority of the Sheriff of the Colony; and it shall be lawful for the Governor to appoint a Superintendent General of Prisons, if he shall think fit.
Rules, &c., to be made.
Gaol Huies now in use to continue until altered as after pro- vided for.
Alteration of Rules psided.
VIII. Ali Persons within the said Gaols and Debtors' Wards respectively already constituted or hereafter to be constituted sluill be subject to such general and special Rules and Regulations and to such penalties and punishments respectively as are hereinafter authorized or as shall be laid down and imposed by Rules and Regu lations to be passed and authorized in munner hereinafter provided.
IX. The Rules now in use for the Regulation of the Gaol of Victoria shall continue in force for the Government of all Gaols and Debtors' Wards in this Colony until the same shall be modified as hereinafter provided, and a copy of the said Rules shall be continually displayed within the said Gaols and Debtors' Wards respectively in some conspicuous place where they may be with facility seen and read by the Inmates of the said Gaols and Debtors' Wards, and a Copy shall also be appended to the Justices' Visit- ing Book in every Gaol.
X. Such Regulations shall be from time to time revised or added to as may be found necessary, and for this purpose it shall be competent for His Excellency the Governor in Executive Council to make such revisions or additions, or for any number of Justices of the Peace, not less than three, of whom a Police Magistrate shall be one to meet, and frame such revisions or additions as may be considered expedient; provided that such amended Regulations shall not have effect until they shall have been approved by His Excellency the Governor, and it shall the duty of the Police Limitation of Pe Magistrate to forward such amended Regulations to the Colonial Secretary. Provided nalties in Rules, ice. also that no greater penalties shall he imposed for any breach of any Prison Rule than
to the extent hereby provided.
Power of Superin- tendent alone to pu
XI. It shall be lawful for the Superintendent of any Gaol to punish by Imprison- nish refractory Fri- ment in a Solitary Cell for not exceeding Three Days on Bread and Water or Rice and Water, or, if the Prisoner be under conviction of Felony, to punish by moderate corporal punishment not exceeding Twelve Strokes of a Rattan, any Prisoner whom he may find after due investigation to have been guilty of any of the following offences or of any breach of Prison Regulation or Discipline:
tendent and Justice of
istendent insuli-
Assault and Battery.
Profane Cursing or Swearing or using indecent, violent or insulting Language. Indecent, irreverent, or disorderly behaviour.
Idleness or Negligence in Work or wilful Damage to or mismanagement of it.
Wilful damage to any Cell, Ward or Room, or to any Gaol Furniture or Property whatsoever.
Powers of Superia- XII. If a Prisoner be guilty of any of the above Offences or of a breach of Gaol the Feare to punish Regulations or Discipline for the due punishment of which the Superintendent of any when those of Super-Gaol may deem the powers vested in him insufficient, it shall be lawful for such Super- intendent in conjunction with any Justice of the Peace for the said Colony after in- quiry to punish such Prisoner by close or Solitary Confinement on Bread and Water or Kice and Water for not exceeding Fourteen Days, or, if the Prisoner be under con- viction for Felony or have within Three Months next previous been guilty of a similar Offence, by personal correction not exceeding Thirty-six Strokes.
cient.
flogging, Twelve hours
XIII. No corporal punishment shall be inflicted without the written Certificate of If panisiunent he the Medical Officer that the Prisoner can receive the punishment without injury to his to expire before its in- health; and no such punishment shall be inflicted until after the expiration of Twelve letions, and exertions Hours after the Prisoner shall have been sentenced thereto under the two Sections next preceding, and no Corporal Punishment shall be inflicted on any Prisoner confined for debt or on first class inisdemeanants.
to such punishmral.
Prisoners.
XIV. If any Person shall introduce into any Prison or wilfully convey in any Penalty for supe manner to or within the reach of any Prisoner, whether within or without the Gaol |plyfog Articles Walls, any intoxicating Drink, Tobacco, Opium, Letter or other articles not allowed by the Rules of such Prison, he shall pay a penalty not exceeding Twenty-five Dollars, and such articles shall be confiscated.
to
dent to ecriala -
XV. When any Magistrate or Court shall sentence a Prisoner to hard labour, the, What labour ipel- saine shall mean hard labour (in chains if necessary) within or without the Prison Walls tences and what Pri in such mode as the Superintendent of such Gaol shall with the sanction of His Excellency! soners to be free from the Governor appoint, and if a Prisoner be sentenced to hard labour within the Prison, imposed labour. the same shall mean similar labour imposed in a similar manner within or without the Prison Walls, and if a Prisoner be sentenced to Imprisonment, the same shall mean Imprisonment with labour of such light description within the Prison Walls as may be appointed by the Superintendent under the sunction of His Excellency the Governor; but Prisoners charged with Crimne or Offence confined for want of Sureties or to take their trial shall not be under any obligation to labour beyond such labour as may be reasonably proper for the purpose of preparing their own food and keeping their Persons and Dress in a proper state, and keeping their Cells clean. If any Prisoners for Debt or on Civil process or under committal for trial shall request to be employed in labour, the Superintendent of the Guol may respectively employ them in such Work as may seem to him suitable.
XVI. All penalties imposed hereby or by any Rules and Regulations to be in Mode of recovering force under this Ordinance shall be sued for and recovered under Ordinance No. 10 of penalties. 1844.
Passed the Legislative Council of Hongkong, this 26th Day of May, 1863.
L. D'ALMADA E CASTRO,
Clerk of Councils.
PUBLIC RECORD OFFICE