112487-1927-Supplementary-Draft-Bills--Prisons-Amendment-Volunteer-Amendment — Page 2

Repeal of Ordinance No. 4 of 1899, s. 13, and substitu- tion of new section.

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(2) Every person who contravenes or at- tempt to contravene any of the provisions of this section, and every officer of a prison who knowingly permits the contravention of this section, shall upon summary conviction be liable to a fine not exceeding two hundred and fifty dollars and to imprisonment for any term not exceeding six months.

(3) Any officer of a prison convicted under this section shall, in addition to any other punishment, forfeit his office.

5. Section 13 of the Prisons Ordinance, 1899, is repealed and the following section is substituted therefor :-

Supplying prohibited articles to prisoners.

13.—(1) No person shall, in any prison, sell any intoxicating liquor, opium or other drug, or tobacco, and no officer of a prison shall knowingly permit any such article to be sold in any prison.

(2) No officer of a prison shall permit any intoxicating liquor, opium or other drug, or tobacco, to be used by any prisoner, unless such use be authorized by the prison rules or by the Superintendent of Prisons.

(3) No officer of a prison shall, contrary to the prison rules, give or cause to be given anything of whatsoever nature to any prisoner.

or

(4) Every person who contravenes attempts to contravene any of the provisions of this section shall upon summary conviction be liable to a fine not exceeding two hundred and fifty dollars and to imprisonment for any term not exceeding six months.

(5) Any officer of a prison convicted under this section shall, in addition to any other punishment, forfeit his office.

Objects and Reasons.

1. It has been the practice for many years to transfer to the Government Civil Hospital prisoners who, in the opinion of the medical officer of the prison in which such prisoners are confined, cannot properly be treated in the prison hospital. There is now a special ward, Ward Thirteen, in the Government Civil Hospital, which is self- contained and is arranged as a prison. This ward has, however, not been set apurt as a prison under the Prisons Ordinance, 1899. Recently, therefore, it was proposed to make an order setting this ward apart as a prison, but doubts were raised as to whether the power conferred on the Governor by section 2 of the Prisons Ordinance, 1899, included a power to set apart a portion of a building, because the wording of paragraph (1) of that section is, "to set apart any available sites and buildings". Accord- ingly, paragraph (a) of section 2 of this Ordinance repeals the words "any available sites and buildings" and sub- stitutes the words "any place or building or portion of a building".

2. Under the practice referred to above it has been usual to obtain the sanction of the Governor for each removal of a prisoner to the Government Civil Hospital. This is unsatisfactory in two respects. In the first place, a doubt may be expressed as to whether the Governor has power to order a prisoner to be removed from a prison to a place which is not a prison. That particular point will be met when Ward Thirteen is set apart as a prison under the present Ordinance, In the second place, it seems unnecessary that the Governor should have to make a special order in each case in a matter which may quite properly be placed in the discretion of the Superintendent of Prisons. Again, it has hitherto been the practice for

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