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THE HONGKONG GOVERNMENT GAZETTE, 17TH OCTOBER, 1885.
the Court, and every officer of a prison convicted under this section shall, in addition to, any other punishment, forfeit his office and all arrears of salary due to him.
12. Every person who, contrary to the regulations of a prison, conveys or attempts to convey any letter or other document, or any article whatever not allowed by such regulations into or out of any prison, shall on conviction incur a penalty not exceeding ten pounds, and, if an officer of the prison, shall forfeit his office and all arrears of salary due to him, 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.
13. The Superintendent shall cause to be affixed in a conspicuous place outside the prison a notice setting forth the penalties that will be incurred by persons committing any offence in contravention of the three preceding sections. 14. It shall be the duty of the Coroner to hold an in- quest on the body of every prisoner who may die within a prison, and in no case shall any officer of the prison, or any prisoner confined in the prison, or any person engaged in any sort of trade or dealing with the prison, be a Juror cn such inquest.
15. If any suit or action is prosecuted against any person for any thing done in pursuance of this Ordinance, such 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 nonsuited, or discontinues his action after issue joined, or f, upon demurrer or otherwise, judg- ment be given against the plaintiff, the defendant shall recover double costs, 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 Julge before whom the trial takes place certifies his approbation of the action and the verdict obtained there- upon.
16. Offences under this Ordinance, with the exception of felonies, and of offences for the mode of trial of which express provision is made by this Ordinance, shall be pro- secuted summarily before a Police Magistrate.
17. The Governor in Execntire Council shall, as soon as possible after the commencement of this Ordinance, make rules for the regulation and government of prisons, aud for the duties and conduct of the officers and other persons employed in prisons, and of the Visiting Justices, and for the classification, diet, clothing, maintenance, employment, dis- cipline, instruction, and correction of prisoners, and for all other matters relating to prisons, and may from time to time repeal, alter, or add to such rules, provided that snch rules shall not be inconsistent with anything contained in this Ordinance. All such rules shall be published in the Govern- ment Gazette, and shall from the date of such publication be binding on all persons in the same manner as if they had been contained in this Ordinance. But every such rule or repeal or alteration of a rule may be disallowed by IIer Majesty, and shall thereupon cease to have effect from the date of the publication of such disallowance in the Govern- ment Gazette. Until rules shall have been made under this section the regulations for the government of Victoria Gaol in force at the commencement of this Ordinance shall remain in force so far as they are not inconsistent with anything contained in this Ordinance.
18. The Governor shall from time to time appoint, with their consent, Justices of the Peace to be Visiting Justices for periods to be specified in such appointments.
Visiting Justices shall, during the period for which they are appointed, from time to time at frequent intervals visit all prisons, and hear any complaints which may be made to them by the prisoners, and shall report on any abuses within the prisons, or any repairs that may be required, and shall further tako cognisance of any matters of pressing necessity and within the powers of their Commission as Justicos, and do such acts and perform such duties in rela- tion to prisons as they may be required to do or perform by the Governor, but subject to the regulations with respect to the duties of Visiting Justices to be made by the Governor in Executive Council under this Ordinance.
19. Ordinances 4 of 1863 and 2 of 1878 are hereby repealed, and sections 63 of Ordinance 4 of 1865, and 50 of Ordinance 6 of 1865, and 95 of Ordinance 7 of 1865, and 36 of Ordinance 10 of 1865 shall be construed as if they referred to this Ordinance and the regulations made there- under, instead of to section 15 of Ordinance 4 of 1863.
Conveying documents or articles out of a prison.
Superintend ent to notify penalties for breaches of the 3 preceding sections.
Inquest to be held on & death in pri- son, Certaiu persons dis- qualified from serving as a Juror at such Inquests.
Protection of persons against acts done under this Ordi-
nance.
Offences except felonies
to be prose- ented suzataa- rily before a Magistrate.
Governor in Council may make Rules.
Governor to appoint visit- ing Justice.
Repents.
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