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THE HONGKONG GOVERNMENT GAZETTE, STI MARCH, 1884.
Prewent
Officers to he dred ap
pointed under ibis Ordi-
nance.
Superintend *uts.
Custody of prisoners.
Separation
of prisoners.
Cells to be approved by the Governor.
3. The Superintendent and Offers of Vietoria. Caol at the time of the commencement of this Ordinance shall he deemed to be duly appointed under Section I of this Ordi- Dance. But such icers shall hold their elices 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 pelsons assisted by the pris
son officers appointed thereto under the provisions of this Ordinance,
5. A prisoner shall be degued 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 etherwise beyond the walls of any such prison in the custody or under the control of a prison officer belonging to such privon, and any constable or other offver 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 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 continement 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 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 oflicer of the prison, and that it can be uel as a punishment cell without detriment to the prisoner's health, and the time for which it may be sɔ used shall be stated in the approval.
Every approved cell shall be distinguished by a number or mark placed in a conspicuous position, au! 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.
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