627973-1899-Bill-read-first-time--Prisons — Page 2

THE HONGKONG GOVERNMENT GAZETTE, 4TH FEBRUARY, 1899.

A BILL

ENTITLED

An Ordinance to amend and consolidate the

law relating to Prisous.

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as The Prisons Ordinance, Short title. 1899.

2. The Governor of Hongkong (who is hereafter in this Governor Ordinance referred to as the Governor) may from time to may make time make, and when made alter, or revoke, orders for any certain of the following purposes, viz. :—

(a.) To set apart any available sites and buildings

for the purpose of a prison. (b.) To discontinue the use of any prison and appro- priate the site and buildings thereof to any other lawful purpose.

(c.) To remove prisoners from one prison to another. (d.) To appoint fit persons to be respectively superin- tendents of prisons, assistant superintendents, chap- lains, surgeons, chief warders and such subordinate officers for the service of prisons as the Governor may think necessary, and to remove such persons from their offices, and to regulate the salaries to be paid to such persons.

orders in

matters.

[Ord. 18 of Ï885, s. 1, us amended by

Ord. 4 of 1898.]

3. The site and buildings and prison known as Victoria Victoria Gaol Gaol at the time of the coming into operation of this deemed a Ordinance shall be deemed to be a prison duly set apart Ord. 18 of

prison.

under section 2 of this Ordinance.

1885, s. 2.]

4. The Superintendent and Assistant Superintendent, Present chief warder and officers of Victoria Gaol at the time of the officers to commencement of this Ordinance shall be deemed to be duly be deemed appointed under section 2 of this Ordinance. But such appointed officers shall hold their offices by the same tenure, and upon Ordinance. like terms and conditions, as if the Ordinance had not passed. (Ibid, s. 3.)

under this

5. Prisoners shall be under the control of superintend- Superintend- ents, assistant superintendents of prisons and chief warders ents. assisted by the prison officers appointed thereto under the (bid, s. 4.) provisions of this Ordinance.

6. A prisoner shall be deemed to be in legal custody when- Custody of ever he is being taken to or from, or whenever he is con- prisoners. fined in, any prison in which he may be lawfully confined, (Ibid, s. 5.) or whenever he is working outside or is otherwise beyond the walls of any such prison in the custody or under the control of a prison officer belonging to such prison, and any constable or other officer acting under the order of any Judge or Justice of the Peace, or officer having power to commit a prisoner to prison, may convey a prisoner to or from any prison to or from which he may be legally committed or removed.

7. The requisitions of this Ordinance with respect to the separation of prisoners are as follows:-

(1.) In every prison separate cells shall as far as possible be provided equal in number to the average of the greatest number of prisoners who have been confined in such prison at any time during each of the preceding five years.

(2.) In every prison punishment cells shall be pro- vided or appropriated for the confinement of pri- soners for prison offences.

(3.) In a prison, containing female prisoners as well as males, the women shall be imprisoned in separate buildings or separate parts of the same buildings, in such manner as to prevent their seeing, convers- ing, or holding any intercourse with the men. (4.) In a prison where debtors are confined, means shall be provided for separating them altogether from the criminal prisoners.

(5.) In a prison where criminal prisoners are confined, such prisoners shall, as far as possible, be prevented from holding any communication with each other, either by every prisoner being kept in a separate cell by day and by night, except when he is at chapel or taking exercise, or by every prisoner being

Separation of prisoners. (Ibid, s. 6.)

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