671797-1885-Ordinance-18-of-1885-Assented-to- — Page 1

THE HONGKONG GOVERNMENT GAZETTE, 21ST NOVEMBER, 1885. 1011

GOVERNMENT NOTIFICATION.-No. 447.

His Excellency the Governor has given his assent, in the name and on behalf of the Queen, to the following Ordinance passed by the Legislative Council :--

Ordinance No. 18 of 1885.-An Ordinance enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, entitled The Prison Ordinance, 1885.

By Command,

Colonial Secretary's Office, Hongkong, 16th November, 1885.

FREDERICK STEWART,

Acting Colonial Secretary.

LS

G. F. BoWEN.

No. 18 of 1885.

An Ordinance enacted by the Governor of Hong- kong, with the advice of the Legislative Council thereof, entitled The Prison Ordinance, 1885.

[16th November, 1885.]

DE it enacted by the Governor of Hongkong, with the

Be advice of the Legislative Council thereof, as follows t

1. The Governor may from time to time make, and when mado 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 discontiune the use of any prison and appro- priate the site and buildings thereof to any other lawful purpose.

(e.) 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- nanec 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- nance. But such officers shall hold their offices by the same tenure, and upon like terms and conditions, as if this Ordinance had not passed.

4. Prisoners shall be under the control of Superin- tendents of prisons assisted by the prison officers appointed thereto under the provisious 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 er from any prison to or from which he may be legally con-

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 contued in such prison at any time during each of the preceding tive years.

(2.) In every prison punishment cells shall be provided or appropriated for the confinement of prisoners for prison odences,

Governor niny make orders. in certain matters.

Victoria Gael deems da prison.

Present

fficers to he deemed ap pointed under this Ordi- Dance.

Superintend ents

Custody

of prisoners.

Separation of prisoners.