the-ordinances-of-the-legislative-counci-1890 — Page 462

426 ORDINANCE No. 10 OF 1858.


Penal Servitude.


Laws of trans 2. All laws and gaol regulations relating to the removal, transportation, care,
portation to
apply to offend custody, management, employment, and discipline of offenders under sentence or order
ers under penal
servitude.
of transportation, and the punishment of such offenders if at large without lawful
cause, whilst the said sentence or order is in force, and all other Laws relating to such
offenders, shall apply to offenders kept in penal servitude.
Computation of 3. Any of the said offenders may be removed and transported to any such place
time.
as aforesaid during his term of punishment, and the whole of the time (if any) during
which he may have been kept in penal servitude or imprisonment during the term
specified in his sentence or order, shall be computed and allowed unto him in deter
mining the duration of his term of transportation .
Gangs made 4. In case any offender kept in penal servitude shall escape, under circumstances
responsible for
escapes . which, being proved by lawful evidence before the Court of Petty Sessions, shall satisfy
the said Court that any other offender with whom, or offenders with or amongst whom ,
the said offender was at the time of his said escape, might, if so disposed, have
prevented him from effecting or attempting it, the said Court shall have power to order
and adjudge that any term of penal servitude not exceeding three years shall be
allotted unto every such offender : in addition to, and by way of increase of, the periods
or period still unexpired of the punishment to which such offender as last aforesaid was
liable at the time of the said escape. [ Repealed by Ordinance No. 2 of 1859. ]
Certain convict 5. The laws for the time being in force within England for the prevention or
prison Laws
extended to this punishment of the offences of prison breach, escape, rescue, and bringing or carrying
Colony.
in or out of prohibited articles, when committed , attempted, or allowed by, or with
reference to, or in favor of, prisoners ordered to be detained in convict prisons, shall
be applicable to the like offences, when committed or attempted by, or with reference
to, or in favor of, offenders kept in penal servitude, whether original or substituted as
aforesaid.
Power to His 6. His Excellency the Governor in Executive Council is hereby empowered from
Excellency in
Council to make time to time to make, alter, repeal, or revive such regulations (in any manner, not
regulations.
being inconsistent with this Ordinance) for the diet, clothing, maintenance, employment,
instruction, discipline, correction , removal, and discharge of offenders undergoing the
said punishment of penal survitude, and for the duties and conduct of their keepers.
and overseers, and other the officers employed in or about the premises, as to His said
Excellency in Council shall in the premises seem meet ; yet so as that every such
regulation, alteration , repeal, and revivor, be forthwith notified in the Hongkong
Government Gazette for general information.
Power ofimpri 7. The jurisdiction to sentence offenders to imprisonment with or without hard
sonment not
affected by this labour, and the execution of such sentences, are not affected by this Ordinance.
Ordinance.

[ Repealed by Ordinance No. 10 of 1887.]

For Regulation as to employment of Penal Servitude Prisoners ofthe 28th December,
1882. See Gazette, 30th ofthe same month.
For Rules as to management of Prisoners of 23rd January, 1883, see Gazette
27th January, 1883.