GAOL ORDINANCE
Title
GAOL ORDINANCE
Description
Gaol.
No. 4 of 1863.
An Ordinance to repeal Ordinance No. 1 of 1853 and to provide Gaols
and Debtors' Wards, and for the due control of Prisoners therein.
[26th May, 1863.]
W[-IEREA.S the present gaol is insufficient for the prisoners now
incarcerated
therein and it is advisable to repeal the Ordinance No. 1 of 1853 and to
pro..
vide further prison accommodation and for due management and control of
prisoners:.
Be it therefore enacted by His Excellency the Acting Governor of
Hongkong, with
the advice of the Legislative Council thereof, as follows:-
1. The Ordinance No. 1 of 1853 intituled ' An Ordinance for the
Regulation of
the Gaol of Hongkong' is hereby repealed.
2. So much and such parts of the present gaol in Victoria as His
Excellency the
Governor shall from time to time by order in writing direct for the
purpose shall be
set apart and be used for a gaol and shall be called the 'Victoria Gaol,'
and so much
and such parts of the said present gaol as His Excellency the Governor
shall from time
to time by order in writing direct for the purpose shall be set apart and
used for a.
debtors' ward or prison and shall be called the debtors' ward in the
Victoria Gaol.
3. It shall~be lawful for His Excellency the Governor by order in writing
under
his hand to appropriate and set apart the whole or so much and such parts
of Stone
Cutters' Island in the Harbour of Victoria as His Excellency shall from
time to time
direct for a gaol, which shall,be called the 'New Gaol,' and until the
said 'New Gaol'
shall be finished and for such farther time as His Excellency the
Governor shall t7link
fit a certain bull- now in course o£ being fitted for the purpose of
receiving prisoners to-
be employed on the said Island shall be treated, as forming part of the
said last men-
tioned gaol.
ORDINANCE No. 4 oF 1863.
Good.
4. It shall be lawful for His Excellency the Governor by order in writing
under
his, )t,~Nn4 from time to time hereafter to appropriabwand set apart any
other site or sites
within 1,h~ ~ skid Colony as and for a gaol or gaols and a debtors' ward
or debtors' wards
which sites respectively shall be called by such names respectively as
shall iii any such
order be specified.
5. It shall be lawful for His Excellency the Governor from time to time
by order
in writing to determine the use of the said gaol and debtors' ward and of
such other
gaols and debtors' wards as shall have been formed as aforesaid or of any
or either
of them for the purposes of a gaol and debtors' ward respectively and to
dedicate the
same sites respectively for any other purposes.
6. From and after the passing of this Ordinance no person shall land upon
the
said Island called Stone Cutters' Island except a Justice of Peace, an
officer of Police
or such persons as shall be duly authorized by au order signed by the
Colonial Secre-
tary; and no vessel shall without sufficient reason approach to within
the distance of
one hundred yards from the said Island except Police boats, commissariat
boats, boats
belonging to Her Majesty's Ships of War, or boats carrying Justices of
the Peace or
persons employed in the service of this Government, or persons duly
authorized as above;
.and any person who, contrary to this Ordinance, shall land on the said
Island ox shall
being in any vessel wilfully approach within the said distance from. the
said Island
shall incur a penalty of not exceeding five hundred dollars.
7, Each gaol shall be under the care and control of an officer to be
styled the ilott 9nperinten-
denta and staif
Superintendent of such Gaol,,who shall be assisted by a staff to be
appointed from time fur each gaol
to be appointed.
to time by His Excellency the Governor, (and such portion of any gaol as
shall be set apart
for the confinement of debtors shall be further subject to the
saupea^uiaion and authority of the
sherif of the Colony; Repealed by Ordinance No. 22 of 1882) and it shall
be lawful for
the Governor to appoint a Superintendent General of Prisons, if he shall
thick fit.
8. All persons within the said gaols and debtors' wards respectively
already Role% sue., a he
inude.
constituted or hereafter to be constituted shall be subject to such
general and special
rules and regulations and to such penalties and punishments respectively
as are herein-
after authorized or as shall be laid down and imposed by rules and
regulations to be
passed and authorized in manner hereinafter provided.
9. The rules now in use for the regulation of the gaol of Victoria shall
continuo
in force for the government of all gaols and debtors' wards in this
Colony until the
same shall be modified as hereinafter provided, and a copy of the said
rules shall be
continually displayed within the scud gaols and debtors' wards
respectively in some
-conspicuous place where they may be with facility seen and read by the
imuates of the
said gaols and debtors' wards, and a copy shall also be appended to the
Justices' Visit-
ing Book in every gaol.
`-= 10. Such regulations shall be from time to time revised or added to
as may be Alteration pray eed. -
found necessary, and for this purpose it shall be competent for His
Excellency the
-Governor in Executive Council to make such revisions or additions, or
fox any number,
Governor an-
thorisod to set
apart any otter
sites for gaol
And deutw
ward.
Governor au-
tVorized to de.
termine the use
of the said gaol
and debtors'
wards.
Penalty on
persons other
than those duly
authorized for
landing on or
approaching
Stone Cotters
island.
Ca-) rules now
in ass to
continue until
altered as after
provided for.
648 ORDINANCE No. 4 of 1863.
Gaol.
of Justices of the Peace, not less than three, of whom a Police
Magistrate shall be
one to meet, and frame such revisions or additions as may be considered
expedient;.
°' provided that such amended regulations shall not have effect, until
they shall have
been approved by His Excellency the Governor, and it shall be the duty of
the Police
Limitation of Magistrate to forward such amended re-ulations to the
Colonial Secretary. Provided
penalties fn
rules, ae. also that no greater penalties shall be imposed for any breach
of any prison rule than
to the extent hereby provided.
Power of
Superintendent
alone to punish went in a solitary cell for not exceeding three days on
bread and water or rice and
refractory
ii criers, water, or, if the prisoner be under conviction of felony, to
punish 1>y moderate corporal
is R.l r4d. No. 2 of
punishment not exceeding twelve strokes of a rattan, any prisoner whom he
may find
after duo investigation to have been guilty of any of the folluwing
offences or of any
breach of prison regulation or discipline:
Assault and battery.
Profane cursing or swearing or using indecent, violent or insulting
language.
Indecent, irreverent, or disorderly behaviour.
Idleness or negligence in work or wilful damage to or mismanagement of it.
Wilful damage to any cell, ward or room, or to any gaol furniture or
property
11. It shall be lawful for the Superintendent of any gaol to puyish by
imprison--
whatsoever.
Powers of 12. If a prisoner be guilty of any of the above offences or of a
breach of gaol
Superintendent
edoft regulations or discipline for the due punishment of which the
Superintendent of any
ttsa Peace to -
punish when gaol may deem the cowers vested in him insufficient, it shall
be lawful for such Su er-
t<iose o~ ~ y 1 ~ p
~e~m i nLdent intendellt in conjunction with any Justice of the Peace for
the said Colony after-
[Am ,Ora. No. 20f 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 con-
viction for felony or have within three mouths next previous been guilty
of a similam
offence, by personal correction not exceeding thirty-six strokes.
tri>nnuninentt,o 13. No corporal punishment,.shall be inflicted without
the written certificate of
n age o' twelve the Medical Officer that the prisoner can receive the
punishment without injury to his.
loofore its
°d health; and no such punishment shall be inflicted until after the
expiration of twelve-
exceptions ment
stich p°'ie'' liours after the prisoner shall have been sentenced thereto
under the two sections next
preceding, and no corporal punishment shall be inflicted on any prisoner
confined for
debt or on first class misdemeanants.
Penalty for I 14. If any person shall introduce into any prison or
wilfully convey in any manner -
qupply3ng
lirtioie9 to to or within the reach of any prisoner, whether within or
without the gaol walls, any
prisoners.
intoxicating drink, tobacco, odium, letter or other articles not allowed
by the rules of
such prison, be shall pay a penalty not exceeding twenty-five dollars,
and such articles
shall be confiscated.
IM labour 15. When any Magistrate or Court shall sentence a prisoner to
hard labour, tlie-
incident to
certain sentences same shall mean, hard labour (in chains if necessary)
within or without the prison walls,
and wbat
prisoners to be in such mode as the Superintendent of such gaol shall with
the sanction of His Excel-
free from
unposed labonr' lency the Governor appoint, and if a prisoner be sentenced
to hard labour within the-
No. 4 of 1863.
Gaol.
prison, the same shall mean similar labour imposed in a similar manner
within or without
the prison walls, and if a prisoner be sentenced to imprisonment, the
same shall mean
imprisonment with labour of such light description within the prison
walls as may be
appointed by the Superintendent under the sanction of His Excellency the
Governor;
but prisoners charged with crime or offence. confined for want of
sureties or to take
their trial sball not be under any obligation to labour beyond such
labour as may be
reasonably proper for the purpose of preparing their own food and keeping
their
persons and dress in a proper state, and keeping their cells clean. If
any prisoners for
debt or on civil lirocess or under committal for trial shall request to
be employed in
labour, the Superintendent of the Gaol may respectively employ them in
such work as
may seem to him suitable.
16. All penalti..,s imposed hereby or by any rules and regulations to be
in force ,\i(xic of rercover-
intt pnnnlttcs.
tinder this Ordinance shall be sued for and recovered under Ordinance No
10 of 1844.
1lepealed by Ordinance No. 18 o f 1885. 1
NOTE.-For additional Rides for the Government of Yietoria Gaol oj'the 3rd
September
1872, see Gazette of the 7th of the same 7nonth.
For Regulations of the 8th March 1877, see Gazette of the 10th of the
same, month.
For Further hegulation of 9th November X878, see Gazette of the same date.
For 1Tegulation as to Fenal Diet of the 5th,Tune 1885,'see Gazette of the
13th of the
same month.
546
Title.
Preamble.
Ordinance No. 1 of 1853 repealed.
Governor anthorized to set apart parts of present gaol for 'The Victorial Gaol' and other parts for debtors' ward.
Governor authorized to set apart all or part of Stne Cutters' Island for a gaol and hulk to be treated as part of such gaol.
Governor authorized to set apart any other sites for gaol and debtors' ward.
Governor authroized to determine the use of the said gaol and debtors' wards.
Penalty on perosns other than those duly authorized for landing on or approaching Stone Cutters' Island.
How superintendents and staff for each goal to be appointed.
Rules, &c., to be made.
Gaol rules now in use to continue until altered as after provided for.
Alteration of rules provided.
Limitation of penalties in rules, &c.
Power of Superintendent alone to punish refractory prisoners. [See Ord. No. 2 of 1878.]
Powers of Superintendednt and Justice of Peace to punish when those of Superintendent insufficient. [SeeOrd. No. 2of 1878.]
If punishment be flogging, twelve hours to expire before its infliction, and exceptions to such punishment.
Penalty for supplying articles to prisoners.
What labour incident to certin sentences and what prisoners to be free from imposed labour.
549
Mode of recovering penalties.
No. 4 of 1863.
An Ordinance to repeal Ordinance No. 1 of 1853 and to provide Gaols
and Debtors' Wards, and for the due control of Prisoners therein.
[26th May, 1863.]
W[-IEREA.S the present gaol is insufficient for the prisoners now
incarcerated
therein and it is advisable to repeal the Ordinance No. 1 of 1853 and to
pro..
vide further prison accommodation and for due management and control of
prisoners:.
Be it therefore enacted by His Excellency the Acting Governor of
Hongkong, with
the advice of the Legislative Council thereof, as follows:-
1. The Ordinance No. 1 of 1853 intituled ' An Ordinance for the
Regulation of
the Gaol of Hongkong' is hereby repealed.
2. So much and such parts of the present gaol in Victoria as His
Excellency the
Governor shall from time to time by order in writing direct for the
purpose shall be
set apart and be used for a gaol and shall be called the 'Victoria Gaol,'
and so much
and such parts of the said present gaol as His Excellency the Governor
shall from time
to time by order in writing direct for the purpose shall be set apart and
used for a.
debtors' ward or prison and shall be called the debtors' ward in the
Victoria Gaol.
3. It shall~be lawful for His Excellency the Governor by order in writing
under
his hand to appropriate and set apart the whole or so much and such parts
of Stone
Cutters' Island in the Harbour of Victoria as His Excellency shall from
time to time
direct for a gaol, which shall,be called the 'New Gaol,' and until the
said 'New Gaol'
shall be finished and for such farther time as His Excellency the
Governor shall t7link
fit a certain bull- now in course o£ being fitted for the purpose of
receiving prisoners to-
be employed on the said Island shall be treated, as forming part of the
said last men-
tioned gaol.
ORDINANCE No. 4 oF 1863.
Good.
4. It shall be lawful for His Excellency the Governor by order in writing
under
his, )t,~Nn4 from time to time hereafter to appropriabwand set apart any
other site or sites
within 1,h~ ~ skid Colony as and for a gaol or gaols and a debtors' ward
or debtors' wards
which sites respectively shall be called by such names respectively as
shall iii any such
order be specified.
5. It shall be lawful for His Excellency the Governor from time to time
by order
in writing to determine the use of the said gaol and debtors' ward and of
such other
gaols and debtors' wards as shall have been formed as aforesaid or of any
or either
of them for the purposes of a gaol and debtors' ward respectively and to
dedicate the
same sites respectively for any other purposes.
6. From and after the passing of this Ordinance no person shall land upon
the
said Island called Stone Cutters' Island except a Justice of Peace, an
officer of Police
or such persons as shall be duly authorized by au order signed by the
Colonial Secre-
tary; and no vessel shall without sufficient reason approach to within
the distance of
one hundred yards from the said Island except Police boats, commissariat
boats, boats
belonging to Her Majesty's Ships of War, or boats carrying Justices of
the Peace or
persons employed in the service of this Government, or persons duly
authorized as above;
.and any person who, contrary to this Ordinance, shall land on the said
Island ox shall
being in any vessel wilfully approach within the said distance from. the
said Island
shall incur a penalty of not exceeding five hundred dollars.
7, Each gaol shall be under the care and control of an officer to be
styled the ilott 9nperinten-
denta and staif
Superintendent of such Gaol,,who shall be assisted by a staff to be
appointed from time fur each gaol
to be appointed.
to time by His Excellency the Governor, (and such portion of any gaol as
shall be set apart
for the confinement of debtors shall be further subject to the
saupea^uiaion and authority of the
sherif of the Colony; Repealed by Ordinance No. 22 of 1882) and it shall
be lawful for
the Governor to appoint a Superintendent General of Prisons, if he shall
thick fit.
8. All persons within the said gaols and debtors' wards respectively
already Role% sue., a he
inude.
constituted or hereafter to be constituted shall be subject to such
general and special
rules and regulations and to such penalties and punishments respectively
as are herein-
after authorized or as shall be laid down and imposed by rules and
regulations to be
passed and authorized in manner hereinafter provided.
9. The rules now in use for the regulation of the gaol of Victoria shall
continuo
in force for the government of all gaols and debtors' wards in this
Colony until the
same shall be modified as hereinafter provided, and a copy of the said
rules shall be
continually displayed within the scud gaols and debtors' wards
respectively in some
-conspicuous place where they may be with facility seen and read by the
imuates of the
said gaols and debtors' wards, and a copy shall also be appended to the
Justices' Visit-
ing Book in every gaol.
`-= 10. Such regulations shall be from time to time revised or added to
as may be Alteration pray eed. -
found necessary, and for this purpose it shall be competent for His
Excellency the
-Governor in Executive Council to make such revisions or additions, or
fox any number,
Governor an-
thorisod to set
apart any otter
sites for gaol
And deutw
ward.
Governor au-
tVorized to de.
termine the use
of the said gaol
and debtors'
wards.
Penalty on
persons other
than those duly
authorized for
landing on or
approaching
Stone Cotters
island.
Ca-) rules now
in ass to
continue until
altered as after
provided for.
648 ORDINANCE No. 4 of 1863.
Gaol.
of Justices of the Peace, not less than three, of whom a Police
Magistrate shall be
one to meet, and frame such revisions or additions as may be considered
expedient;.
°' provided that such amended regulations shall not have effect, until
they shall have
been approved by His Excellency the Governor, and it shall be the duty of
the Police
Limitation of Magistrate to forward such amended re-ulations to the
Colonial Secretary. Provided
penalties fn
rules, ae. also that no greater penalties shall be imposed for any breach
of any prison rule than
to the extent hereby provided.
Power of
Superintendent
alone to punish went in a solitary cell for not exceeding three days on
bread and water or rice and
refractory
ii criers, water, or, if the prisoner be under conviction of felony, to
punish 1>y moderate corporal
is R.l r4d. No. 2 of
punishment not exceeding twelve strokes of a rattan, any prisoner whom he
may find
after duo investigation to have been guilty of any of the folluwing
offences or of any
breach of prison regulation or discipline:
Assault and battery.
Profane cursing or swearing or using indecent, violent or insulting
language.
Indecent, irreverent, or disorderly behaviour.
Idleness or negligence in work or wilful damage to or mismanagement of it.
Wilful damage to any cell, ward or room, or to any gaol furniture or
property
11. It shall be lawful for the Superintendent of any gaol to puyish by
imprison--
whatsoever.
Powers of 12. If a prisoner be guilty of any of the above offences or of a
breach of gaol
Superintendent
edoft regulations or discipline for the due punishment of which the
Superintendent of any
ttsa Peace to -
punish when gaol may deem the cowers vested in him insufficient, it shall
be lawful for such Su er-
t<iose o~ ~ y 1 ~ p
~e~m i nLdent intendellt in conjunction with any Justice of the Peace for
the said Colony after-
[Am ,Ora. No. 20f 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 con-
viction for felony or have within three mouths next previous been guilty
of a similam
offence, by personal correction not exceeding thirty-six strokes.
tri>nnuninentt,o 13. No corporal punishment,.shall be inflicted without
the written certificate of
n age o' twelve the Medical Officer that the prisoner can receive the
punishment without injury to his.
loofore its
°d health; and no such punishment shall be inflicted until after the
expiration of twelve-
exceptions ment
stich p°'ie'' liours after the prisoner shall have been sentenced thereto
under the two sections next
preceding, and no corporal punishment shall be inflicted on any prisoner
confined for
debt or on first class misdemeanants.
Penalty for I 14. If any person shall introduce into any prison or
wilfully convey in any manner -
qupply3ng
lirtioie9 to to or within the reach of any prisoner, whether within or
without the gaol walls, any
prisoners.
intoxicating drink, tobacco, odium, letter or other articles not allowed
by the rules of
such prison, be shall pay a penalty not exceeding twenty-five dollars,
and such articles
shall be confiscated.
IM labour 15. When any Magistrate or Court shall sentence a prisoner to
hard labour, tlie-
incident to
certain sentences same shall mean, hard labour (in chains if necessary)
within or without the prison walls,
and wbat
prisoners to be in such mode as the Superintendent of such gaol shall with
the sanction of His Excel-
free from
unposed labonr' lency the Governor appoint, and if a prisoner be sentenced
to hard labour within the-
No. 4 of 1863.
Gaol.
prison, the same shall mean similar labour imposed in a similar manner
within or without
the prison walls, and if a prisoner be sentenced to imprisonment, the
same shall mean
imprisonment with labour of such light description within the prison
walls as may be
appointed by the Superintendent under the sanction of His Excellency the
Governor;
but prisoners charged with crime or offence. confined for want of
sureties or to take
their trial sball not be under any obligation to labour beyond such
labour as may be
reasonably proper for the purpose of preparing their own food and keeping
their
persons and dress in a proper state, and keeping their cells clean. If
any prisoners for
debt or on civil lirocess or under committal for trial shall request to
be employed in
labour, the Superintendent of the Gaol may respectively employ them in
such work as
may seem to him suitable.
16. All penalti..,s imposed hereby or by any rules and regulations to be
in force ,\i(xic of rercover-
intt pnnnlttcs.
tinder this Ordinance shall be sued for and recovered under Ordinance No
10 of 1844.
1lepealed by Ordinance No. 18 o f 1885. 1
NOTE.-For additional Rides for the Government of Yietoria Gaol oj'the 3rd
September
1872, see Gazette of the 7th of the same 7nonth.
For Regulations of the 8th March 1877, see Gazette of the 10th of the
same, month.
For Further hegulation of 9th November X878, see Gazette of the same date.
For 1Tegulation as to Fenal Diet of the 5th,Tune 1885,'see Gazette of the
13th of the
same month.
546
Title.
Preamble.
Ordinance No. 1 of 1853 repealed.
Governor anthorized to set apart parts of present gaol for 'The Victorial Gaol' and other parts for debtors' ward.
Governor authorized to set apart all or part of Stne Cutters' Island for a gaol and hulk to be treated as part of such gaol.
Governor authorized to set apart any other sites for gaol and debtors' ward.
Governor authroized to determine the use of the said gaol and debtors' wards.
Penalty on perosns other than those duly authorized for landing on or approaching Stone Cutters' Island.
How superintendents and staff for each goal to be appointed.
Rules, &c., to be made.
Gaol rules now in use to continue until altered as after provided for.
Alteration of rules provided.
Limitation of penalties in rules, &c.
Power of Superintendent alone to punish refractory prisoners. [See Ord. No. 2 of 1878.]
Powers of Superintendednt and Justice of Peace to punish when those of Superintendent insufficient. [SeeOrd. No. 2of 1878.]
If punishment be flogging, twelve hours to expire before its infliction, and exceptions to such punishment.
Penalty for supplying articles to prisoners.
What labour incident to certin sentences and what prisoners to be free from imposed labour.
549
Mode of recovering penalties.
Abstract
546
Title.
Preamble.
Ordinance No. 1 of 1853 repealed.
Governor anthorized to set apart parts of present gaol for 'The Victorial Gaol' and other parts for debtors' ward.
Governor authorized to set apart all or part of Stne Cutters' Island for a gaol and hulk to be treated as part of such gaol.
Governor authorized to set apart any other sites for gaol and debtors' ward.
Governor authroized to determine the use of the said gaol and debtors' wards.
Penalty on perosns other than those duly authorized for landing on or approaching Stone Cutters' Island.
How superintendents and staff for each goal to be appointed.
Rules, &c., to be made.
Gaol rules now in use to continue until altered as after provided for.
Alteration of rules provided.
Limitation of penalties in rules, &c.
Power of Superintendent alone to punish refractory prisoners. [See Ord. No. 2 of 1878.]
Powers of Superintendednt and Justice of Peace to punish when those of Superintendent insufficient. [SeeOrd. No. 2of 1878.]
If punishment be flogging, twelve hours to expire before its infliction, and exceptions to such punishment.
Penalty for supplying articles to prisoners.
What labour incident to certin sentences and what prisoners to be free from imposed labour.
549
Mode of recovering penalties.
Title.
Preamble.
Ordinance No. 1 of 1853 repealed.
Governor anthorized to set apart parts of present gaol for 'The Victorial Gaol' and other parts for debtors' ward.
Governor authorized to set apart all or part of Stne Cutters' Island for a gaol and hulk to be treated as part of such gaol.
Governor authorized to set apart any other sites for gaol and debtors' ward.
Governor authroized to determine the use of the said gaol and debtors' wards.
Penalty on perosns other than those duly authorized for landing on or approaching Stone Cutters' Island.
How superintendents and staff for each goal to be appointed.
Rules, &c., to be made.
Gaol rules now in use to continue until altered as after provided for.
Alteration of rules provided.
Limitation of penalties in rules, &c.
Power of Superintendent alone to punish refractory prisoners. [See Ord. No. 2 of 1878.]
Powers of Superintendednt and Justice of Peace to punish when those of Superintendent insufficient. [SeeOrd. No. 2of 1878.]
If punishment be flogging, twelve hours to expire before its infliction, and exceptions to such punishment.
Penalty for supplying articles to prisoners.
What labour incident to certin sentences and what prisoners to be free from imposed labour.
549
Mode of recovering penalties.
Identifier
https://oelawhk.lib.hku.hk/items/show/183
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 4 of 1863
Number of Pages
4
Files
Collection
Historical Laws of Hong Kong Online
Citation
“GAOL ORDINANCE,” Historical Laws of Hong Kong Online, accessed March 4, 2025, https://oelawhk.lib.hku.hk/items/show/183.
