PRISONS ORDINANCE

PRISONS ORDINANCE

CHAPTER 234.

PRISONS.

To consolidate and amend the law relating to prisons and
Prison officers.

[2nd December, 1932.]

1. This Ordinance may be cited as the Prisons
Ordinance.

2. In this Ordinance 'Commissioner' means the
Commissioner of Prisons appointed under section 3.

3. The Governor may make orders for any of the
following purposes-
(a)to set apart any place or building or portion of a
building for the purpose of a prison;
(b)to discontinue the use of any prison and appropriate
the site and buildings thereof to any other lawful
purpose;
(c) to appoint fit persons to be respectively a
Commissioner of Prisons, superintendents of
prisons, chaplains, medical officers and such sub-
ordinate officers for the service of prisons as the
Governor may think necessary, and to remove such
persons from their offices. [2

4. (1) During the absence or inability to act of the
Commissioner the superintendent of prisons of most seniority
shall unless and until the vacancy is filled whether temporarily
or otherwise exercise the powers and discretions vested in
such Commissioner and discharge the duties required to be
discharged by him whether such powers discretions or duties
accrue under this Ordinance or otherwise.

(2) Whether or not the Commissioner is present and
able to act, a superintendent of prisons shall exercise such
powers and discretions and discharge such duties under this
Ordinance as the Commissioner may delegate to him. [2A





5. All such duties in relation to the execution of any
sentence or judgment imposed or awarded by any court
or judge exercising criminal jurisdiction as attached to the
office of sheriff on the igth day of December, 1882, and in
respect of which no other provision has since been made
shall be attached to the office of the Commissioner.

6.The sites and buildings and prisons known as
Stanley Prison, Victoria Remand Prison, Lai Chi Kok.
Female Prison, the Prison Ward of Queen Mary Hospital,
and the Prison Ward of Kowloon Hospital, shall be
prisons duly set apart under section 3. [3

7. (1) A prisoner sentenced to imprisonment or
committed to prison on remand pending trial or otherwise
may be lawfully confined in any prison to which this
Ordinance applies.

(2) Prisoners shall be confined in such prisons as the
Commissioner may direct and may on like direction be
removed therefrom during the term of their imprisonment
to any other prison.

(3) The Commissioner on being satisfied that a
prisoner is suffering from a disease and cannot properly be
treated in a prison, or that he should undergo and desires
to undergo a surgical operation which cannot properly be
performed in a prison, or that a female prisoner is pregnant
and that a birth may be imminent, may order that the
prisoner be taken to a Government hospital or other suitable
place for the purpose of treatment or such operation or such
birth, and while absent from the prison in pursuance of
such order the prisoner shall be deemed to be in legal
custody.

(4) When the attendance of any prisoner at any place
is required for the purposes of any enactment, the Com-
missioner shall arrange for his transfer in custody to and
from such place, and during any such transfer the prisoner
shall be deemed to be in legal custody.

(5) Prisoners of unsound mind shall be dealt with in
the manher prescribed by the Mental Hospitals Ordin-
ance. [4





8. Prisoners shall be under the control of the Com-
missioner and superintendents of prisons assisted by the
prison officers. [5

9. (1) A person shall be deemed to be a prisoner and
in legal custody whenever he is being taken to or from,
or is confined in, any prison in which he may be lawfully
confined, whether under criminal or civil process, or when-
ever he is verking outside or is otherwise outside any such
prison in the custody or under the control of a prison officer.

(2) Any constable or other officer acting tinder the order
of any judge or magistrate or other 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

10. The following rules shall be observed with respect
to the separation of prisoners-
(a)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;
(b)in every prison punishment cells shall be provided
or appropriated for the confinement of prisoners for
prison offences:
(c)in a prison containing female as well as male
prisoners, the women shall be imprisoned in
separate buildings or separate parts of the same
buildings, in such manner as to prevent their
seeing, conversing or holding any intercourse with
the male prisoners;
(d)in a prison where debtors are confined, means shall
be provided for separating them as far as possible
from the criminal prisoners;
(e) in a prison where prisoners tinder the age of sixteen
years are confined, they shall be kept separate
from prisoners of or above that age. [7

11. (1) No cell shall be used for the separate confine-
ment 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, ventilated
and fitted tip 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.

(2) Every approved cell shall be distinguished by a
number or mark placed in a conspicuous position.

(3) No cell approved by the Governor shall be altered
without his consent. [8

12. (1) Hard labour, for the purposes of sentences of
imprisonment with hard labour, shall be of such classes,
character and description as may be appointed by rules
rnade by the Governor in Council.

(2) Every prisoner in any prison may, in the discretion
of the Commissioner, be employed under the control of
prison officers on such work outside the prison as the
Governor may approve : Provided that no person shall be
so employed without his consent unless he has been
sentenced to hard labour. [9

13. (1) In every prison prisoners convicted of mis-
demeanor, and not sentenced to hard labour, shall be divided
into at least two divisions, one of which shall be called the
first division.

(2) Whenever any person convicted of misdemeanor is
sentenced to imprisonment without hard labour, the court
or judge before whom such person has been tried may order
that such person shall be treated as a misdemeanant of the
first division, and a misdemeanant of the first division shall
not be deemed to be a criminal prisoner within the meaning
of this Ordinance.

(3) Every person imprisoned under any rule, order or
attachment for contempt of court shall be treated as a mis
demeanant of the first division. [10

14. Any person who-
(a)escapes or attempts to escape from any prison or
from legal custody; or
(b)aids any prisoner in escaping or attempting to.
escape from any prison or from legal custody; or





(c)with intent to facilitate the escape of any prisoner,
conveys or causes to be conveyed into any prison
any mask, dress or other disguise, or any letter,
or any other article or thing,
shall be guilty of a misdemeanor triable summarily, and
shall be liable to imprisonment for two years. [11

15. (1) No intoxicating liquor, Opium or other durg,
tobacco, money, clothing, provisions, letters, papers, books
or any other article whatsoever shall be brought, thrown or;
in any manner introduced or conveyed into any prison, or
conveyed to any prisoner while in custody outside the
prison, or carried out of the prison, unless such use be
authorized by the prison rules or by the Commissioner.

(2) Any person who contravenes or attempts to
contravene any of the provisions of this section, and every
officer of a prison who knowingly permits any contravention
of this section, shall upon summary conviction be liable to a
fine of one thousand dollars and to imprisonment for six
months.

(3) Any officer of a prison convicted under this section
shall, in addition to any other punishment, forfeit his
office. [12

16. (1) No person shall in any prison sell any
intoxicating liquor, opium or other drug, or tobacco, and
no officer of a prison shall knowingly permit any such article
to be sold in any prison.

(2) No officer of a prison shall permit any intoxicating
liquor, opium or other drug, or tobacco, to be used by any
prisoner, unless such use be authorized by the prison rules
or by the Commissioner.

(3) No officer of a prison shall, contrary to the prison
rules, give or cause to be given anything of whatsoever
nature to any prisoner.

(4) Any person who contravenes or attempts to
contravene any of the provisions of this section shall upon
summary conviction be liable to a fine of one thousand
dollars and to imprisonment for six months.





(5) Any officer of a prison convicted under this section
shall, in addition to any other punishment, forfeit his
office. [13

17. The Commissioner shall cause to be affixed in a
conspicuous place outside every prison a notice, in English
and in Chinese, setting forth the penalties that will be
incurred by persons committing any offence in contraven-
tion of sections 14, 15 and 16. [14

18. It shall be the duty of a magistrate discharging
the duties of coroner to hold an inquiry on the body of
every prisoner who may die within a prison, and in no
case shall any officer of a prison, or any prisoner confined
in a prison, or any person engaged in any sort of trade
or dealing with a prison, be a juror on such inquiry. [15

19. Any subordinate prison officer or servant who-
(a)after having been duly engaged to serve as such
absents himself from his duties, or refuses or
neglects to obey any lawful order, or is guilty of
any breach of discipline or any insubordination.
or
(b)on being dismissed or permitted to resign from or
ceasing to belong to the prison service, does not
deliver up all arms, accoutrements, appointments
and things entrusted to him for the performance of
his duty as such officer or servant,
shall upon summary conviction be liable to a fine of one
thousand dollars and to imprisonment for six months, and
further shall forfeit all pay during any such imprison-
ment. [16

20. (1) It shall be lawful for the Governor in Council
to make rules for-
(a) the regulation and government of prisons;
(b) the admission and discharge of prisoners;
(c)the duties and conduct of the officers and other
persons employed in the prisons;
(d)the discharge or dismissal of such officers or other
persons and the punishing of them by fine and
degradation to a lower rank or pay;
(e) the duties of the visiting justices;





the conditions under which visitors may be allowed
in the prisons;
(g)the classification, diet, clothing, maintenance,
employment, discipline, instruction and correction
of the prisoners ;
(h) the remission of a portion of their sentences
(i) the granting of gratuities to the prisoners
(j) all other matters relating to the prisons.

(2) It shall also be lawful for the Governor in Council
by such rules to impose any punishment or penalty for the
breach of any such rules.

(3) Every such rule may be disallowed by His
Majesty. [17

21. (1) All prisons shall be visited at least twice a
month by justices of the peace appointed by the Governor
to be visiting justices for periods to be specified in their
appointments.

(2) Such visiting justices shall when visiting prisons
hear any complaints which may be made to them by the
prisoners, and shall report on any abuses within the prisons
or any repairs that may be required, and shall further take
cognizance of any matters of pressing necessity and within
the powers of their commission as justices, and do such
acts and perform such duties in relation to prisons as they
may be required to do or perform by the Governor, but
subject to the rules with respect to the duties of visiting
justices to be made by the Governor in Council. [18

22. (1) Where a term of imprisonment is imposed by

the Supreme Court in respect of the non-payment of any
sum of money, other than a sum of money which is ordered
to be paid to any person aggrieved by way of compensation
or amends for any injury, damage, or loss to his person or
property, then, on payment to the Commissioner or to such
person as he may authorize, of any sum in part satisfaction
of the sum so adjudged to be paid and of any charges for
which the prisoner is liable, the term of imprisonment shall
be reduced by a number of days bearing as nearly as
possible the same proportion to the total number of days
for which the prisoner has been sentenced as the sum so





paid bears to the aggregate sum for which he is so liable:
Provided that, in reckoning the number of days by which
any term would be reduced under this section, the first day
of imprisonment shall not be taken into account, and that,
in reckoning the sum which will secure the reduction of a
term of imprisonment, fractions of a cent shall be omitted.

(2) Where the term of imprisonment is imposed by a
magistrate, section 36 of the Magistrates Ordinance shall
apply and provisions may be made by rules under section
131 of the Magistrates Ordinance, as to the application of
the sums paid under such section and the conditions under
which such payments may be made and the release of the
prisoner effected. [19
38 of 1932. 2 of 1884. 9 of 1950. 22 of 1950. 24 of 1950. 37 of 1950. Short title. Interpretation. Ordering of certain matters in relation to prisons. Powers of senior superintendent and power to delegate to superintendent. 37 of 1950, Schedule. Commissioner entrusted with duties of sheriff. 2 of 1884, s. 2. Prisons. 24 of 1950, Schedule. Commitment and removal of prisoners. 4 & 5 Geo. 5, c. 58, s. 17. 9 of 1950, Schedule. (Cap. 136). Control of prisoners. Custody and conveyance of prisoner. Rules as to separation of prisoners. 28 & 29 Vict, c. 126, s. 17. Separate confinement and punishment cells to be approved by Governor. 28 & 29 Vict. C. 126, s. 18. Regulation of hard labour. Misdemeanants of the first and second divisions. 28 & 29 Vict. C. 126, s. 67. Escaping, or attempting or aiding to escape, from prison or legal custody. 28 & 29 Vict. C. 126, s. 37. [s. 14 cont.] 22 of 1950, s. 3. Introduction of prohibited articles into prisons. 22 of 1950, Schedule. Supplying prohibited articles to prisoners. 22 of 1950, Schedule. Notice of punishments under ss. 14 to 16 to be placed outside prison. 28 & 29 Vict. C. 126, s. 40. Inquiry on prisoner dying. 28 & 29 Vict. C. 126, s. 48; 50 & 51 Vict. C. 57, s. 3. Misconduct of subordinate prison officers and servants. 22 of 1950, Schedule. Prison rules. 37 of 1950, Schedule. [s. 20 cont.] Appointment and duties of visiting justices. 40 & 41 Vict. C. 21, ss. 13 and 14. Reduction of imprisonment on paying of portion of fine. 4 & 5 Geo. 5, c. 58, s. 3. 37 of 1950, Schedule. (Cap. 227).

38 of 1932. 2 of 1884. 9 of 1950. 22 of 1950. 24 of 1950. 37 of 1950. Short title. Interpretation. Ordering of certain matters in relation to prisons. Powers of senior superintendent and power to delegate to superintendent. 37 of 1950, Schedule. Commissioner entrusted with duties of sheriff. 2 of 1884, s. 2. Prisons. 24 of 1950, Schedule. Commitment and removal of prisoners. 4 & 5 Geo. 5, c. 58, s. 17. 9 of 1950, Schedule. (Cap. 136). Control of prisoners. Custody and conveyance of prisoner. Rules as to separation of prisoners. 28 & 29 Vict, c. 126, s. 17. Separate confinement and punishment cells to be approved by Governor. 28 & 29 Vict. C. 126, s. 18. Regulation of hard labour. Misdemeanants of the first and second divisions. 28 & 29 Vict. C. 126, s. 67. Escaping, or attempting or aiding to escape, from prison or legal custody. 28 & 29 Vict. C. 126, s. 37. [s. 14 cont.] 22 of 1950, s. 3. Introduction of prohibited articles into prisons. 22 of 1950, Schedule. Supplying prohibited articles to prisoners. 22 of 1950, Schedule. Notice of punishments under ss. 14 to 16 to be placed outside prison. 28 & 29 Vict. C. 126, s. 40. Inquiry on prisoner dying. 28 & 29 Vict. C. 126, s. 48; 50 & 51 Vict. C. 57, s. 3. Misconduct of subordinate prison officers and servants. 22 of 1950, Schedule. Prison rules. 37 of 1950, Schedule. [s. 20 cont.] Appointment and duties of visiting justices. 40 & 41 Vict. C. 21, ss. 13 and 14. Reduction of imprisonment on paying of portion of fine. 4 & 5 Geo. 5, c. 58, s. 3. 37 of 1950, Schedule. (Cap. 227).

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