TNAG-2156-FCO40-3076-International-Covenant-on-Civil-and-Political-Rights-(ICCPR)-1990 — Page 136

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

21. Male prisoners are given work in vehicle workshops, in horticulture and in animal husbandry, in addition to routine work within the prison. Women's work includes sewing, dressmaking and growing vegetables. Remand prisoners are given the opportunity to train or acquire similar skills, but without any compulsion to take part. Young offenders are offered the opportunity for studying and for participation in self-help anti-drug groups.

22.

The provisions of the Imprisonment Law (now the Prisons Law) mentioned in the first report, allowing weekend leave and sentences to be served at weekends or extramurally, have been repealed. The Director of Prisons was instead empowered to grant discretionary day release to prisoners for training, and to allow them up to five days predischarge leave.

23. There are no facilities on the Islands for long-term patients in hospital or mental institutions. Such patients would be placed in accommodation in either the United States or Jamaica.

Article 13

24. By virtue of the Caymanian Protection Law, no person with Caymanian status may be deported. Such status may, however, be acquired by grant of the Caymanian Protection Board as well as by birth. If, within seven years of being granted status, a person is convicted by a court of a criminal offence which, in the court's opinion, is a grave offence or was facilitated by the offender's Caymanian status, the court may recommend that the status be forfeited. If the recommendation is accepted by the Caymanian Protection Board, the person concerned would lose the protection from deportation which his status formerly afforded him. The Board also has the power to grant non-Caymanians the right to remain permanently within the Islands. Deportation orders cannot be made against such persons, unless they have lost their right to permanent residence after being sentenced to a term of at least one year's imprisonment or as a result of one of the other specified circumstances set out in the Caymanian Protection Law.

25. Deportation orders may be made only by the Governor in accordance with the Caymanian Protection Law 1984. The law prescribes both the classes of persons against whom an order may be made and the detailed procedure that must be followed. Proceedings may be instituted only by or with the sanction of the Attorney-General. With three exceptions, an order can be made only after the person concerned has been given the opportunity of a hearing in a court of law before a magistrate, and the Governor, after considering the magistrate's report, is satisfied that an order may fitly be made. The exceptions, where a special court hearing is not necessary, are where the person concerned has already been convicted in the courts: (a) of an offence punishable with imprisonment and the court has recommended that a deportation order should be made; (b) of an offence for which he or she has been sentenced for a term of not less than six months' imprisonment; or (c) of the offence of remaining or residing illegally in the Islands. All deportation orders made must be reported by the Governor to the Secretary of State for Foreign and Commonwealth Affairs.

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