671797-1885-Ordinance-18-of-1885-Assented-to- — Page 2

1012

THE HONGKONG GOVERNMENT GAZETTE, 21st NOVEMBER, 1885.

Cell to he

approved by

the Governor.

Hard labour.

Misdemean-

nts of the 1st and 2nd

divisions

(3.) Iu 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 heing 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 he 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- 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 means 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 cells 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 cach 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 a 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 he withdrawn 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. Ilard 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, crank, 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 confined, adequate means shall be provided for enforcing hard labour in accordance with the regulations of this Ordinance; but prisoners may be employed in hard 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-