1890_GAOL_REGULATION_ORDINANCE — Page 2

ORDINANCE No. 1 of 1853.

Gaol Regulation.

1. The rules now in use for the regulation of the gaol at Hongkong shall continue in force until modified as hereinafter provided, and a copy of the said rules shall be continually displayed within the said gaol in some conspicuous place where they may be with facility seen and read by the inmates of the said gaol, and a copy shall also be appended to the Justices' Visiting Book in the said gaol.

2. Any three Justices of the Peace for the said Colony having met together for the purpose of considering any proposed modification of the said rules, having also previously given notice of their intention to the sheriff and to the other Justices of the Peace then in the Colony, may alter or add to such rules, sending forthwith to His Excellency the Governor a copy of such alterations, or additions; and such alterations or additions shall be of equal force with the former rules until His Excellency the Governor in his Legislative Council shall signify his disapprobation of them, whereupon the said alterations and additions shall be of no force or effect: Provided that it shall not be in the power of the said Justices to impose any greater penalties for any breach of any prison rule than are hereby provided.

3. It shall be lawful for the sheriff to punish by imprisonment in a solitary or refractory cell for not exceeding three days, on bread and water, or rice and water, (or if the prisoner be under conviction of felony, to punish by moderate corporal punishment not exceeding twelve strokes), any prisoner whom he may find after due investigation to have been guilty of any of the following offences, or of any breach of prison regulation or discipline:-

Assault and battery.

Profane cursing, or swearing, or using indecent language.

Indecent, irreverent, or disorderly behaviour.

Idleness or negligence in work, or wilful damage or mismanagement of it. Wilful damage to any cell, ward, or room, or to any gaol furniture or property

whatever.

4. If a prisoner be guilty of any of the above offences, or of a breach of gaol regulations or discipline for the due punishment of which the sheriff may deem the powers vested in him insufficient, it shall be lawful for the sheriff in conjunction with any Justice of the Peace for the said Colony, after due inquiry, to punish such prisoner by close or solitary confinement, on bread and water, or rice and water, for not exceeding fourteen days; or if the prisoner be under conviction for felony or have within three months next previous been guilty of a similar offence, by personal correction not exceeding thirty-six strokes.

5. Any person who shall convey, or cause to be conveyed into any prison, or in any manner to or within the reach of any prisoner whether within the gaol walls or without, any disguise, instrument, or arms to facilitate the escape of any prisoner, shall, on conviction before the Petty Sessions, be subject to imprisonment with hard labour for a period not exceeding six months. Provided nothing herein contained shall be deemed or taken to prevent such person from being proceeded against by indictment-if thought necessary.

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Gaol rules now in use to con- tinue.

Copy of rules to- be hung up in gaol.

Any three Jus- tices of the Peace may amend rules.

Power of sheriffTM to punish re- fractory prison--

or's.

Powers of sheriff and Justices of the Peace where: those of sherift are insufficient.

Assisting pri-

soners to escape....