1954-HKRS28-8-21_Part01 — Page 36

Custody and

conveyance

of prisonera. Tef 16 4 18 Geo. 6 and 1 Eliz.

a. 13.]

Removal

[of 4 & 5 Gen, 5.

4

(b) classify them according to the classifications laid down by the Governor in Council from time to time under section 27.

10. (1) A person shall be deemed to be a prisoner and in legal custody whenever he is being taken to or from, or is confined in, any prison in which he may be lawfully confined, whether under criminal or civil process, or whenever he is working outside or is otherwise outside any such prison in the custody or under the control of an officer of the Prisons Department.

(2) Any police officer or other officer acting under the order of any judge or magistrate or other officer having power to commit a prisoner to prison may convey a prisoner to or from any prison Lo or from which he may be legally committed or removed.

11. The Commissioner on being satisfed that a prisoner is of prisoners suffering from a disease and cannot properly be treated in a prison, for medical treatment.

or that he should undergo and desires to undergo a surgical operation which cannot properly be performed in a prison, or that a female prisoner is pregnant and that a birth may be imminent, may order that the prisoner be taken to a Government hospital or other suitable place for the purpose of treatment or such c. 62, a. 221. operation or such birth, and while absent from a prison in pursuance of such order the prisoner shall be deemed to be in legal custody.

c. 58, s. 17: 15 & 16

Geo. 6 and

1 Eliz. 2.

of

Attendance

prisoners.

for

observation

with prisoners

12. When the attendance of any prisoner at any place is required for the purposes of any enactment, the Commissioner shall arrange for his transfer in custody to and from such place, and during any such transfer the prisoner shall be deemed to be in legal custody.

Removal of

13. (1) The Commissioner may by writing under his hand, prisoners if he has reason to believe that a prisoner is or may be of unsound mind and that he considers it necessary or expedient so to do, and manner order that the prisoner be taken to a mental hospital for the of dealing

purpose of detention and observation during a period of seven days from and including the date of the order, and while absent from the prison in pursuance of such order the prisoner shall be deemed to be in legal custody. If while a prisoner is so detained it is considered necessary to detain bim for a further period for the purpose of observation the procedure laid down in (Cap. 136). Section 1 of the Mental Hospitals Ordinance excluding the last

proviso thereto shall be followed.

of unsound mind.

5

(2) Save as aforesaid, prisoners of unsound mind shall be dealt with in the manner prescribed by the Mental Hospitals Ordinance.

14. Judgment of death to be executed on any prisoner Judgment sentenced on any indictment shall be carried into effect within the of death precincts of the prison in which the prisoner is confined at the executed time fixed for execution.

to be

within precincts of prison. Jer. 31 Vict.

c. 24, s. 2.1

15. The body of every prisoner executed shall be buried by Burial of the prison authorities in such place as the Governor in Council by

Tel. 81 may authorize as a place to be used as a prisons cemetery under Viet, the provisions of section 73 of the Public Health (Sanitation) e. 24, s. 6.) Ordinance, 1935.

(15 of 1935).

16. Except in so far as it is hereby otherwise provided judg- General ment of death shall be carried into effect in the same manner as Tef. 31 saving.

if this Ordinance had not been enacled.

Vict. c. 24, s. 16.]

of certain persons

17. It shall not be lawful for any prisoner confined in a Prohibition prison or any officer of the Prisons Department or person employed in the prisons, or any person engaged in any sort of trade or acting dealing with a prison, to be a juror on any inquiry held under the provisions of section 7 of the Magistrates (Coroners Powers) Ordinance.

as jurors in an inquiry into death of prisoner. [/. 28 & 20 Vict. c. 126, 5. 48: 50 & 51 Vict.

c. 71.

9. 3.1 (Cap. 14).

of hard

18. (1) Hard labour, for the purposes of sentences of Regulation imprisonment with hard labour, shall be of such classes, character labour. and description as may be prescribed by rules made under section 37.

(2) Subject to the instructions of the Governor any prisoner in any prison may, in the discretion of the Commissioner, he employed under the control of officers of the Prisons Department on work outside the precincts of a prison: Provided that no person shall be so employed without his consent unless he has been sentenced to hard labour.