1954-HKRS28-8-21_Part01 — Page 38

Visiting

(d) any sums as may be voted annually by the Legislative

Council.

(3) The fund shall be controlled by the Commissioner subject to rules made under section 27 and applied to the purpose of--

(a) recompensing subordinate officers and other persons employed in the prisons for extra service rendered by them;

(b) procuring for subordinate officers and other persons employed in the prisons who are serving or who have retired on pension or gratuity, comforts, convenience or other advantages not chargeable to the public revenus; and (c) granting loans to subordinate officers and other persons employed in the prisons who are serving or who have retired on pension or gratuity on rates or terms in accordance with rules made under section 27.

25. (1) For the purpose of visiting prisons and other justices and institutions under the control of the Commissioner, the visiting

Governor-

COM-

mitters.

Reduction of im- prisonment on paying portion of fine.

[cf. 4 & 6 Geo. 5, c. 58, 4. 3.)

(a) shall appoint such numbers of justices of the peace as

he considers necessary; and

(b) may appoint fu and proper persons to serve on visiting

committees.

(2) Visiting justices and visiting committees shall carry out the duties and exercise the powers prescribed by rules made under section 27.

26. (1) Where a term of imprisonment is imposed by the Supreme Court or the District Court in respect of the non-payment of any sum of money, other than a sum of money which is ordered to be paid to any person aggrieved by way of compensation or amends for any injury, damage, or loss to his person or property, then, on payment to the Commissioner or to such person as he may authorize, of any sum in part satisfaction of the sum so adjudged to be paid and of any charges for which the prisoner is liable, the term of imprisonment shall be reduced by a number of days bearing as nearly as possible the same proportion to the total number of days for which the prisoner has been sentenced as the sum so paid bears to the aggregate sum for which he is so liable

Provided that, in reckoning the number of days by which any term would be reduced under this section, the first day of imprisonment shall not be taken into account, and that,

in reckoning the sum which will secure the reduction of a term of imprisonment, fractions of a cent shall be omitted.

(2) Where the term of imprisonment is imposed by a magis- trate, section 36 of the Magistrates Ordinance shall apply and (Cap. 227). provisions may be made by rules under section 131 of the Magistrates Ordinance, as to the application of the sums paid under such section and the conditions under which such payments may be made and the release of the prisoner effected.

make

27. (1) The Governor in Council may by rules prescribe or Power to provide for...

rules.

(4) the regulation and government of prisons; (b) the admission and discharge of prisoners:

(c) the duties and conduct of the officers of the Prisons Department and other persons employed in the prisons:

(d) the discharge or dismissal of such officers or other persons and the punishing of them by fine and degradation to a lower rank or payi

(e) the control, administration and application of the Prisons

Department Welfare Fund;

(A) the duties and powers of visiting justices or visiting

committees

(g) the conditions under which visitors may be allowed in

the prisons;

(b) the classification, diet, clothing, maintenance, employ

ment, discipline, instruction and correction of the prisoners;

()the remission of a portion of their sentences:

(i) the granting of gratuities to the prisoners or the remunera-

tion of prisoners for work done;

(k) the regulation of the execution of judgments of death

and hurials of executed prisoners;

() all other matters relating to the prisons.

(2) Any rule made under this Ordinance may provide that

a contravention thereof shall be an offence and may provide punishment and penalties for such offence not exceeding a fine of one thousand dollars and imprisonment for six months.

(3) The rules in the Schedule shall be in force except in Schedule. so far as they may be amended by rules made under this section.

28. The Prisons Ordinance is hereby repealed.

Repeal of

Cap. 234.