TNAG-1585-FCO40-2159-Hong-Kong-prisons-and-prisoners-1986 — Page 103

A BILL

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Enclosure No: 4

Amend the Prisons Ordinance.

Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.

1. This Ordinance may be cited as the Prisons (Amendment) Ordinance 1986.

Section 2 of the principal Ordinance is amended in the definition of "Commissioner" by deleting "the Colony" and substituting the following--

2.

“Hong Kong”.

Short title.

Amendment of

section 2.

(Cap. 234.)

3. The principal Ordinance is amended by adding after section 21 the Addition of new following-

"Prisoners'

Welfare Fund.

(of 1986.)

(Cap. 234, sub. leg.)

4.

21A. (1) There shall be established a fund to be known as the "Prisoners' Welfare Fund".

(2) The fund shall consist of---

(a) the balance of any sums deposited in or donated to the fund known as the "Prisoners' Welfare Donation Fund" existing at the commencement of the Prisons (Amendment) Ordin- ance 1986 for the welfare of prisoners;

(b) all sums resulting from or donated in connexion with public

entertainment performed by prisoners;

(c) all sums received at any function organized to raise money for the fund less any expenses which defray any necessary costs and charges in respect of that function;

(d) moneys confiscated by the Superintendent under rule 23 of the Prison Rules and sums derived from the sale of articles confiscated under that rule;

(e) such other donations and voluntary contributions as may

be made to the fund.

(3) The fund shall be controlled by the Commissioner subject to rules made under section 25 and shall be applied for the benefit of prisoners in such ways as the Commissioner may determine, including

(a) procuring for prisoners while in prison comforts, conven-

ience or other advantages;

(b) meeting expenses of prisoners and providing services for

prisoners or items not chargeable to the general revenue;

(c) assisting prisoners after discharge from prison.

(4) The cost of administration of the fund shall be a charge upon the general revenue, but the Financial Secretary may direct that an annual supervision fee to be determined by him shall be charged against the income of the fund and paid into the general revenue.

(5) The fee charged under subsection (4) shall not exceed 2.5 per cent of the income of the fund for the period in respect of which the fee is charged.".

Section 22 of the principal Ordinance is amended-

(a) in subsection (2), by deleting paragraph (c) and substituting the following—

“(c) such donations and voluntary contributions as may be made to the

fund;"; and

section 21A.

Amendment of section 22.