1
Occasions when arms
may be used.
(Cap. 232.)
Introduction of unauthorized arucle into centre.
Supplying unauthorized articles to detainces.
Aiding escape from centre.
L.N. 263/82
L. S. NO. 2 TO GAZETTE NO. 27/1982
(2) No officer shall deliberately act in a manner calculated to provoke a detainee.
37. (1) Every officer shall be provided with whistles and they may be issued with arms, as the Commissioner may direct.
(2) Every officer may use arms against any detainee escaping or attempting to escape:
Provided that resort shall not be had to the use of arms unless the officer has reasonable cause to believe that he cannot otherwise prevent the escape.
(3) Every officer may use arms on any detainee engaged in riotous conduct or any combined outbreak, or in any attempt to force or break open the outside door or gate or enclosure fence of a centre, and may continue to use such arms so long as such riotous conduct, combined outbreak or attempt is being actually prosecuted.
(4) Every officer may use arms against any detainee using violence to any other officer or other person if he has reasonable grounds to believe that the officer or other person is in danger of life, or limb, or that other grievous hurt is likely to be caused to him.
(5) Before using arms against a detainee under the authority con- tained in paragraph (2), the officer shall warn such detainee that he is about to fire on him.
(6) An officer shall not, in the presence of his superior officer, use arms of any sort against a detainee in the case of an outbreak or attempt to escape except under the express orders of such superior officer.
(7) The use of arms under this rule shall be, as far as possible, to disable and not to kill.
(8) Every officer while acting as such, shall have all the powers, authorities and protection of a police officer as defined in the Police Force Ordinance except as to pay and pension or other reward.
OFFENCES
38. Any person, other than a detainee, who brings, throws or in any manner introduces into any centre, or conveys to any detainee while in custody outside a centre, any arms, ammunition, weapon, instrument, intoxicating liquor, opium or other drug, tobacco, money or any other article, unless authorized to do so by the Commissioner, commits an offence and is liable to a fine of $1,000 and to imprisonment for 6 months.
39. Any person-
(a) other than a detainee, who without the authority of the Com- missioner sells any intoxicating liquor, opium or other drug, tobacco or other article, in a centre; or
(b) being an officer or other person employed in a centre, who permits any article to be sold in a centre without the authority of the Commissioner,
commits an offence and is liable to a fine of $1,000 and to imprisonment for 6 months.
40. Any person other than a detainee who aids any detainee in escaping from a centre or from legal custody commits an offence and is liable to imprisonment for 6 months.
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