CO129-207 - Acting Governor Marsh - 1883 [1-3] — Page 32

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

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11. Every person who, contrary to the rogulations of the prison, brings or attempts by any means whatever to introduce into any prison any spirituous or fermented liquor or tobacco or opium, and every officer of a prison who suffers any spirituous or fermented liquor or tobacco or opium to be sold or used therein, contrary to the prison regulations, on conviction shall be sentenced to imprison- ment for a terin not exceeding six months, or to a penalty not exceeding twenty pounds, or both in the discretion of the Court, and every officer of a prison convicted under this section shall, in addition to any other punishment, forfeit his office and all arrears of salary due to him.

12. Every person who, contrary to the regulations of a prison conveys or attempts to convey any letter or other document, or any article whatever not allowed by such regulations into or out of any prison, shall on conviction incur a penalty not exceeding ten pounds, and, if an officer of the prison, shall forfeit his office and all arrears of salary due to him, but this section shall not apply in cases where the offender is liable to a more severe punishment under any other provision of this Ordinance.

13. The Superintendent shall enase to be affixed in a conspicuous place outside the prison a notice setting forth. the penalties that will be incurred by persons committing any offence in contravention of the three preceding sections. 14. It shall be the duty of the Coroner to hold an in- quest on the body of every prisoner who may die within a prison, and in no case shall any officer of the prison, or any prisoner confined in the prison or any person engaged in any sort of trade or dealing with the prison, be a Juror on such inquest.

15. If any suit or action is prosecuted against any person for any thing done in pursuance of this Ordinance, such person may plead that the same was done by authority of this Ordinance; and if a verdict passes for the defendant, or plaintiff becomes nonsuited, or discontinues his action after issue joined, or if, upon demurror or otherwise, judg- ment be given against the plaintiff, the defendant shall recover double costs, and have the like remedy for the same as any defendant has by law in other cases; and though a verdict be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, unless the Judge before whom the trial takes place certifies his approbation of the action and the verdict obtained there- upon.

16. Offences under this Ordinance, with the exception of felonies, and of offences for the mode of trial of which express provision is made by this Ordinance, shall be pro- secuted summarily before a Police Magistrate.

17. The regulations contained in Schedule A to this Ordinance shall be binding on all persons in the same manner as if they were enacted in the body of this Ordi-

nance.

18. The Governor in Executive Council shall make rules for the supply to all prisoners confined in prison of sufficient quantity of plain and wholesome food, regard being had so far as relates to convicted criminal prisoners to the nature of the labour required from or performed by such prisoners, so that the allowance of food may be duly appor tioned thereto, and shall make dietary tables for that purpose, and may from time to time make rules in respect of the nature of the bard labour to be performed by prisoners and in respect of any other matters relating to the government of prisons in addition to the regulations in Schodule A to this Ordinance, and may from time to time revoke add to or alter any rules or dietary tables made under this Section.

19. The Governor shall from time to time appoint with their consent Justices of the Peace to be Visiting Justices for periods to be specified in such appointments.

Visiting Justices shall during the period for which they are appointed from time to time at frequent intervals visit all prisons and hear any complaints which may be made to them by the prisoners, and shall report on any abuses within the prisons or any repairs that may be required, and shall further take cognizance of any matters of pressing necessity and within the powers of their Commission as Justices and do such acts and perform such duties in rela- tion to prisons as they may be required to do or perform by the Governor, but subject to the regulations with respect to the duties of Visiting Justices contained in Schedule A to this Ordinance and to any rules in respect of such duties made by the Governor in Executive Council under Section 18 of this Ordinance.

20. Ordinances 4 of 1863 and 2 of 1878 are hereby repealed, and sections 63 of Ordinance 4 of 1865, and 50 of Ordinance 6 of 1865, and 95 of Ordinance 7 of 1865, and 36 of Ordinance 10 of 1865 shall be construed as if they referred to this Ordinance and the rules made thereunder, instead of to section 15 of Ordinance 4 of 1863.

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