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prisoners to be transferred from Victoria Gaol to Lai Chi Kok Prison, and vice versa, under the authority of the Superintendent of Prisons. Here again a doubt may be expressed as to the power of the Superintendent to order such transfers. Accordingly, a new section 4 which is inserted in the principal Ordinance by section 3 of this Ordinance will give the Superintendent of Prisons clear power to order transfers of both the above classes. That amendment will make paragraph (3) of section 2 of the principal Ordinance unnecessary. The paragraph in ques- tion gives the Governor power to make orders to remove prisoners from one prison to another. That paragraph is therefore now repealed by paragraph (b) of section 2 of this Ordinance.

3. Section 3 of this Ordinance inserts a new section 4 in the principal Ordinance. The main effect of the new section is to give the Superintendent of Prisons power to make the transfers referred to in paragraphs 1 and 2 above. This subject is dealt with in sub-sections (2) and (3). Sub-section (4) provides that prisoners of unsound mind shall be dealt with in the manner prescribed by the Asylums Ordinance, 1906. Strictly speaking this sub- section is unnecessary, but it was considered that it would be convenient to direct attention by means of it of the relevant provisions of the Asylums Ordinance. Sub-sec- tion (1) of the new section 4 introduces a provision taken from section 17 of the Criminal Administration Act, 1914, to the effect that a prisoner may be lawfully confined in any prison to which the Ordinance applies. It may be added that sub-sections (2) and (3) of the new section 4 are also based on scetion 17 of the same Act. The powers there given are in England vested in the Secretary of State for the Home Department, but it is considered that they may be properly given to the Superintendent of Prisons in Hong Kong,

4. Sections 12 and 13 of the principal Ordinance over- lap, and for no apparent reason the maximum penalties under the two sections are not the same. The discrepancy is made more serious by an unusual provision that section 13 shall not apply in any case where the offender is liable to a more severe punishment under any other provision of the Ordinance. The maximum penalty under section 12 is more severe than that under section 13. A conviction under section 13 might therefore be quashed on this ground, and yet it might not be clear in any particular case which of the two sections should apply. Accordingly these two sections are repealed by this Ordinance. Section 4 of this Ordinance repeals section 12 of the principal Ordinance and substitutes a new section dealing with the whole subject of the introduction of prohibited articles into pri- sone. Section 5 of this Ordinance repeals section 13 of the principal Ordinance and substitutes a new section which deals with improper supply or use of prohibited articles within any prison.

7th October, 1927.

J. H. KEMP,

Attorney General.