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THE HONGKONG GOVERNMENT GAZETTE, 11TH MARCH, 1899.

Escaping or attempting,

or aiding, in escape. (Ibid, s. 10 enlarged.)

prison. (Ibid, s. 11 modified.)

ed to be a criminal prisoner within the meaning of this Ordinance. Every person imprisoned under any rule, order, or attachment for contempt of Court shall be treated as a misdemeanant of the first division.

11. Every person who escapes or attempts to escape from any prison, or who aids any prisoner in escaping or attempting to escape from any prison, or who, with intent to facilitate the escape of any prisoner, conveys or causes to be conveyed into any prison any mask, dress, or other disguise, or any letter, or any other article or thing, shall be guilty of felony, and on conviction be sentenced to im- prisonment with hard labour for a term not exceeding two years.

Introduction 12. Every person who, contrary to any prison rule or of prohibited regulation, brings or attempts by any means whatever to articles into introduce into any prison any spirituous or fermented liquor or tobacco or opium, and every officer of a prison who suffers any spirituous or fermented liquor or tobacco or opium to be sold or used therein, contrary to the prison regulations, shall be sentenced on conviction to imprison- ment for a term not exceeding six months with or without hard labour, or to a penalty not exceeding two hundred dollars, or to both in the discretion of the Court, and any officer of a prison convicted under this section shall, in addition to any other punishment, forfeit his office.

or articles out of a

prison.

Conveying 13. Every person who, contrary to prison rules or re- documents gulations, conveys or attempts to convey any letter or other document, or any article whatever not allowed by such rules or regulations, into or out of any prison, shall on conviction (Ibid, s. 12.) incur a penalty not exceeding one hundred dollars, and, if an officer of the prison, shall forfeit his office, but this section shall not apply in cases where the offender is liable to a more severe punishment under any other provision of this Ordinance.

penalties for breaches of

Superintend- 14. The Superintendent shall cause to be affixed in a ent to notify conspicuous place outside the prison a notice in English and in Chinese setting forth the penalties that will be incurred by persons committing any offence in contravention of the three preceding sections.

the three

preceding

sections.

(Ibid, s. 13.)

Inquest to 15. It shall be the duty of the Coroner to hold an in-

be held on a

death in pri- quest on the body of every prisoner who may die within a son. Certain prison, and in no case shall any officer of the prison, or any persons dis prisoner confined in the prison, or any person engaged in qualified any sort of trade or dealing with the prison, be a juror on from serving such inquest.

as a Juror

at such

inquests.

(Ibid, s. 14.)

Protection

of persons against acts

this Ordi-

nance.

for

16. If any suit or action is prosecuted against any person any thing done in pursuance of this Ordinance, such done under person may plead that the same was done by authority of

this Ordinance; and if a verdict passes for the defendant, or the plaintiff becomes non-suited, or discontinues his actiqu (Ibid, . 15.) after issue joined, or if, upon demurrer or otherwise, judg

ment be given against the plaintiff, the defendant shall recover costs as between solicitor and client and have the like remedy for the same as any defendant has by law in other cases ; and though a verdict be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, unless the Judge before whom the trial takes place certifies his approbation of the action and the verdict obtained thereupon.

Misconduct

17. Every prison officer, who, after having duly engaged of subordin- and bound himself to serve as such officer, absents him- ate officers. self from his duties, or who, upon being dismissed or [Compare Ord. 13 of

permitted to resign from or ceasing to belong to the 1889 and service of the prison, does not deliver up all arms, section 2 of accoutrements, appointments, and things entrusted to him for the performance of his duty as such officer shall be liable to a fine not exceeding one hundred dollars, or to imprisonment, with or without hard labour, for any term not exceeding three months, and every such offender shall forfeit all pay during such imprisonment.

Ord. 15 of

1896.]

Governor-in-

18. The Governor-in-Council shall have power to make Council may rules for the regulation and government of prisons, and for make rules. the duties and conduct of the officers and other persons (Ibid, s. 17 altered.)

employed in prisons, and for the punishment by fine, degradation to a lower rank or pay, discharge, or dismissal of such officers or other persons and for the duties of the