CO129-207 - Acting Governor Marsh - 1883 [1-3] — Page 30

have been considered and settled in

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forwarded as requested for Your mes of m Lordship's approval.

I have the honour to be

My Lord,

Your Lordship's Most Obadient

Humble Servant,

M. Murch

Administering the Government.

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A BILL

ENTITLED

An Ordinance enacted by the Governor of Hong- kong, with the Advice of the Legislative Council thereof, entitled the Prison Ordinance, 188

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E it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-

1. The Governor may from time to time make, and when made alter or revoke, orders for any of the following pur-

poses viz,

(a.) To set apart any available sites and building for

the purpose of a prison.

b.) To set apart any prison or any portions thereof

for a Gaol or for debtors wards. ]

(c.) To discontinue the use of any prison and appro- priate the site and buildings thereof to any other lawful purpose.

(d) To reinove prisoners from ous prison to another for the purpose of enabling any prison to be alter- ed enlarged or rebuilt, or in case of a contagious or infections disease breaking ont in any prison or for any other reasonable cause, and to return any prisoners so removed.

(e.) To appoint and remove fit persons to be respec- tively Superintendents of prisons, Chaplains and Surgeons, and such subordinate officers for the service of prisons as the Governor may think necessary, and to regulate the salaries to be paid to such persons.

2. The site and buildings and prison known as Victoria Gaol at the time of the coming into operation of this Ordi- nance,fand the portions thereof then used as gaol and debtors wards,shall be deemed to be respectivelyJa site buildings prison gaol and debtors wards duly set apart under Section 1, of this Ordinance.

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3. The Superintendent and Officors of Victoria Gaol at the time of the commencement of this Ordinance shall bo deemed to be respectively a Superintendent of a Prison and Officers for the service of prisons duly appointed under Section 1, of this Ordinance. But such officers shall hold their offices by the same tenure, and upon like terms and conditions, as if this Ordinance had not passed, and shall receive salaries of not less amount than those which they have hitherto received.

4. Prisonors shall be under the control of Superin- tendents of prisous assisted by the prison officers appointed thereto under the provisions of this Ordinance. Debtors warda-phali-be-farsher under the sunbority and supervision of the Sherif

5. A. prisoner shall be deemed to be in legal custody whenever he is being taken to or from or whenever he is confined in any prison in which he may be lawfully con- fued, or whenever he is working outside or is otherwise beyond the walls of any such prison in the custody or under the control of a prison officer belonging to such prison, and any constable or other officer acting under the order of any Judge or Justice of the Peace or officer having power to commit a prisoner to prison, may convey a prisoner to or from any prison to or from which he may be legally con- mitted or removed.

6. The requisitions of this Ordinance with respect to the separation of prisoners are as follows:---

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(1.) In every prison separate cells shall be provided equal in number to the average of the greatest number of prisoners, not being convicted under (sentence of penal servitude) who have been con

ned in such prison at any time during each of the preceding five years.

(2.) In every prison punishment cells shall be provided Į

or appropriated for the confinement of prisoners for prison offences.

(3.) In a prison containing female prisoners as well as males, the women shall be imprisoned in separate buildings or separate parts of the same buildings, in such manner as to prevent their seeing, con- versing, or holding any intercourse with the meu. (4.) In a prisou where debtors are confined, means shall be provided for separating them altogether from the criminal prisoners.

(5.) In a prison where criminal prisoners are confined, such prisoners shall be prevented from holding any communication with each other, either by every prisoner being kept in a separate cell by day and by night, except when be is at Chapel or taking exercise, or by every prisoner being con- fined by night to his cell, and being subjected to such superintendence during the day as will, con- sistently with the provisions of this Ordinance, preveut his communicating with any other prisoner.

2691

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REG? 14 FEB 67

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