CO129-043 - Sir Bonham - 1853 [7-12] — Page 246

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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HONGKONG.

ANNO DECIMO SEPTIMO VICTORIE REGINÆ.

No. 1 of 1853.

BY His Excellency Sir SAMUEL GEORGE BONHAM, Baronet, Knight Commander of the Most Honourable Order of the Bath, Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice-Admiral of the same, Her Majesty's Plenipotentiary and Chief Superintendent of the Trade of British Subjects

in China, with the Advice of the Legislative Council of Hongkong.

AN ORDINANCE FOR THE REGULATION OF THE GAOL OF HONGKONG,

[20th September, 1853.]

WHEREAS it is desirable that certain Rules prescribed for the Government of the Gaol of Hongkong receive the sanction of a Legislative Enactment, that certain Penalties be provided for the breach of such Rules, and that provision be made for their future modification and improvement: Be it therefore enacted and ordained by His Excellency The Governor of Hongkong, with the Advice of the Legislative Council thereof, That-

Title.

Preamble.

Gaol Rules Dow

I. The Rules now in use for the Regulation of the Gaol at Hongkong shall con- tinue in force until modified as hereinafter provided, and a Copy of the said Rules in use to continue. shall be continually displayed within the said Gaol in some conspicuous Place where Copy of Rules to they may be with facility seen and read by the Inmates of the said Gaol, and a Copy

be hung upin Gaol. shall also be appended to the Justices' Visiting Book in the said Gaol.

II. Any three Justices of the Peace for the said Colony having met together for Any three Jus- the purpose of considering any proposed modification of the said Rules, having also tices of the Peace previously given notice of their intention to the Sheriff and to the other Justices of may amend Rules. the Peace then in the Colony, may alter or add to such Rules, sending forthwith to His Excellency The Governor a Copy of such alterations, or additions; and such alterations or additions shall be of equal force with the former Rules until His Ex- cellency The Governor in bis Legislative Council shall signify his disapprobation of them, whereupon the said alterations and additions shall be of no force or effect: Provided that it shall not be in the power of the said Justices to impose any greater Penalties for any breach of any Prison Rule than are hereby provided.

Power of Sheriff

III. It shall be lawful for the Sheriff to punish by Imprisonment in a solitary or refractory Cell for not exceeding Three Days, on Bread and Water, or Rice and to punish refract Water, (or if the Prisoner be under conviction of Felony, to punish by moderate ory Prisoners. corporal Punishment not exceeding Twelve Strokes), 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:-

Assault and Battery.

Profane cursing, or swearing, or using indecent language.

Indecent, irreverent, or disorderly behaviour.

Idleness or negligence in work, or wilful damage or mismanagement of it.

Wilful damage to any Cell, Ward, or Room, or to any Gaol Furniture or Pro.

perty whatever.

Powers of Sheriff

IV. If a Prisoner be guilty of any of the above Offences, or of a breach of Gaol Regulations or Discipline for the due punishment of which the Sheriff may deem the and Justices of the Powers vested in him insufficient, it shall be lawful for the Sheriff in conjunction Peace where those with any Justice of the Peace for the said Colony, after due inquiry, to punish such sufficient. Prisoner by close or solitary Confinement, on Bread and Water, or Rice and Water, for not exceeding Fourteen Days; or if the Prisoner be under conviction for Felony

or have within Three Months next previous been guilty of a similar Offence, by per-

sonal correction not exceeding Thirty-six Strokes.

V. Any Person who shall convey, or cause to be conveyed into any Prison, or in

of Sheriff are in-

Assisting Pri-

any manner to or within the reach of any Prisoner whether within the Gaol Walls soners to escape. or without, any Disguise, Instrument, or Arms to facilitate the escape of any Pri- soner, shall, on conviction before the Petty Session, be subject to Imprisonment with Hard Labour for a period not exceeding Six Months. Provided nothing herein contained shall be deemed or taken to prevent such Person from being proceeded against by Indictment—if thought necessary:

243

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