886
THE HONGKONG GOVERNMENT GAZETTE, 17TH OCTOBER, 1885.
Hard fab955-
Misdemean- ants of the Ist and 2nd
divisions.
Aiding in escupe.
Introiction
of prohibited articles into a prison.
it is of such a size, and is lighted, warmed, ventilated, and fitted up in such a manner as may be requisite for health, and furnished with the menus of enabling the prisoner to communicate at any time with an officer of the prison; but a distinction may be made in respect of the use of cells for the separate confinement of prisoners during long and short periods of imprisonment, and in respect of the use of ceils in which the prisoner is intended to be employed during the whole day, or for a long or short part thereof; and the Governor's approval may be varied accordingly, so as to express the period of imprisonment for which each cell may be considered fit, and the number of hours in the day during which the prisoners may be employed therein.
No punishment cell shall be used unless it has been approved in writing by the Governor, and the Governor shall not give his approval in respect of any such cell unless he is satisfied that it is furnished with the means of enabling the prisoner to communicate at any time with an officer of the prison, and that it can be used as a punishment cell without detriment to the prisoner's health, and the time for which it may be so used shall be stated in the approval.
Every approved cell shall be distinguished by n number or mark placed in a conspicuous position, and shall be re- ferred to by its number or mark in the Governor's approval, and the number or mark of any approved cell shall not be changed without the Governor's approval.
Any approval given by the Governor in respect of a cell may be withdown on such alteration taking place in such cell as to render the approval, in his opinion, inapplicable thereto, and upon an approval in respect of a cell being withdrawn, that cell shall cease to be an approved cell for the purposes of this Ordinance.
8. Hard labour for the purposes of sentences of impri- sonment with hard labour or penal servitude shall be of two classes, consisting, 1st, of work at the tread wheel, shot drill, erank, capstan, stone-breaking, or such other like description of hard bodily labour as may be appointed by the Governor, which work is hereinafter referred to as hard labour of the first class; 2ndly, of such other description of bodily labour as may be appointed by the Governor, which work is hereinafter referred to as hard labour of the second class; and in every prison where prisoners sentenced to hard labour or penal servitude are confinod, adequate means shall be provided for enforcing hard labour in accordance with the regulations of this Ordinance; but prisoners may be employed in bard labour of the second class outside the walls of the prison under the control of a prison officer belonging to such prison, and employment in the necessary services of the prison may, in the case of a limited number of prisoners, to be selected by the Super- intendent as a reward for industry and good behaviour, be deemed to be hard labour of the second class.
9. In every prison, prisoners convicted of misdemeanor, and not sentenced to hard labour, shall be divided into at least two divisions, one of which shall be called the first division; and whenever any person convicted of misde- meanor is sentenced to imprisonment without hard labour, the Court or Judge before whom such person has been tried may order, if such Court or Judge thinks fit, that such person shall be treated as a misdemeanant of the first division, and a misdemeanant of the first division shall not be deemed 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.
10. Every person 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.
11. Every person who, contrary to the regulations of the prisons, brings or attempts by any means whatever to introduce into any prison any spiritnous 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, on conviction shall be sentenced to imprison- ment for a term not exceeding six months, or to a penalty not execeding twenty pounds, or both in the discretion of
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