PENAL SERVITUDE ORDINANCE

PENAL SERVITUDE ORDINANCE

Penal Servitude.

No. 10 of 1868.

An Ordinance for Penal Servitude.

[15th June, 1858.]

BE it enacted and ordained by His Excellency the Governor of Hongkong,
with the
advice of the Legislative Council thereof, as follows:-
1. Where no place bath been or sball hereafter be appointed by Her
Majesty or
Her Governor of Hongkong, whereunto offenders convicted in this Colony,
and being
under sentence or order of transportation, may according to law be sent
or transported,
every such offender sball (subject to section 3) be kept in penal
servitude within the
said Colony for any period not exceeding a period of the same duration as
the term or
terms, or unexpired portion of the term or terms, of transportation under
which the said
offender now is or shall hereafter be; and until no such place as
aforesaid is appointed,
and so often as no such place shall be hereafter appointed as aforesaid,
any offender
who, but for this Ordinance, might have been sentenced to transportation
shall (subject
to section 3) be liable to be sentenced to be kept in ,penal servitude
for a period or
periods not exceeding a term or terms of the same duration as the term or
terns of
transportation to which such offender would, but for this Ordinance, have
been liable,
and subject to the same discretion on the part of the Court.
426

Laws of trans-
portation to
apply to offend-

ers under penal
servitude.

Computation of
time,

ORDINANCE NO. 10 OF .188:

Penal Servitude.

2. All laws and gaol regulations relating to the removal,
transportation,; care,
custody, management, employment, and discipline of offenders under
sentence or order
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.

3. Any of the said offenders may be removed and transported to any such
pla:e^e~
as aforesaid during his term of punishment, and tile 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
hits in deter--
mitling°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.E

5. The laws for the time being in force within England for the prevention
or
punishment of the offences of prison breach, escape, rescue, and bringing
or carrying
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.

Certain convict
prison Laws
extended to this
Colony.

Power to His
L~xeellency in
Cyneil to make
regulations.

Rower ofimpri.
aonment not
affected by this
Ordinance.

° 6, His Excellency the Governor in Executive Council is hereby empowered
from
time to time to make, alter, repeal, or revive such regulations (in any
manner, nut
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 servitude, and for the duties and conduct of
their kPepexs.
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
overt' such
regulation, alteration, repeal, and reviver, be forthwith notified in the
FIongkoily
Government Gazette for general information: .

7. The jurisdiction to sentence offenders to imprisonment with or without
hard

labour, and the execution of such sentences, are not affected by this
Ordinance.

[Repealed by Ordinance 14'0. 10 of 1887.1

For Regulation as to employment of Venal Servitude Prisoners of the 28th
December;:
1882.=fee Gazette, 80th of the same month.
For Rules as t0' management of Prisoners of 23rd January, 1883, see
Gazelle
27th January, 1883.
425

Until places of transportation are appointed, penal servitude may be substituted.
Laws of transportation to apply to offenders under penal servitude.
Computation of time.
Gangs made responsible for escapes.
Certain convict prison Laws extended to this Colony.
Power to His Excellency in Council to make regulations.
Power of imprisonment not affected by this Ordinance.

425

Until places of transportation are appointed, penal servitude may be substituted.
Laws of transportation to apply to offenders under penal servitude.
Computation of time.
Gangs made responsible for escapes.
Certain convict prison Laws extended to this Colony.
Power to His Excellency in Council to make regulations.
Power of imprisonment not affected by this Ordinance.

https://oelawhk.lib.hku.hk/items/show/128

1890

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No. 10 of 1858

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