671473-1885-Bills-read--S-Estimates-1884-Estimates-1886-Loan-Prison-Mer-Shipping-1885-Amending-Ord-8-of-1860- — Page 6

THE HONGKONG GOVERNMENT GAZETTE, 17т OCTOBER, 1885.

A BILL

ENTITLED

The Prison Ordinance, 1885.

Be advice of the Legislative Council thereof, as follows:

E it enacted by the Governor of Hongkong, with the

1. The Governor may from time to time make, and when made alter or revoke, orders for any of the following pur- poses, 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 Super- intendents of prisons, Chaplains and Surgeons. 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. 2. The site and buildings and prison known as Victoria Gaol at the time of the coming into operation of this Ordi- nance shall be deemed to be a prison duly set apart under Section 1 of this Ordinance.

3. The Superintendent and Officers of Victoria Gaol at the time of the commencement of this Ordinance shall be deemed to be duly appointed under Section 1 of this Ordi- But such officers shall hold their offices by the same tenure, and upon like terms and conditions, as if this Ordinance had not passed.

nance.

4. Prisoners shall be under the control of Superin- tendents of prisons assisted by the prison officers appointed thereto under the provisions of this Ordinance.

5. A prisoner shall be deemed to be in legal custody whenever he is being taken to or from or whenever he is confined in any prison in which he may be lawfully con- fined, 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 com- mitted or removed.

6. 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 provided or appropriated for the confinement of prisoners 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, con- versing, 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 confined by night to his cell, and being subjected to such superintendence during the day as will, consistently with the provisions of this Ordinance, prevent his communicating with any other prisoner.

(6.) In a prison where prisoners under the age of 16 years are confined, they shall be kept separate from prisoners of or above that age.

7. No cell shall be used for the separate confinement of a prisoner unless it has been approved in writing by the Governor for the purpose, and the Governor shall not give his approval in respect of any cell unless he is satisfied that

Governor mRY make orderå

in certain matters.

Victoria Gaol deemed a

prison.

Present

úfficers to bo decmed ap- pointed under this Ordi-

nance.

Superlatend-

ents.

Custody

of prisoners.

Separation of prisoners.

Colts to be Approved by

the Live 2409

885

i