REFORMATORY SCHOOL RULES

REFORMATORY SCHOOL RULES

REFORMATORY SCHOOL RULES

ARRANGEMENT OF RULES

le

U
........................................Page
1........Citation ........................ ... ... ... ... ... ... ... ... ... B2

2..........Interpretation .............. ... ... ... ... ... ... ... ... ... ... B2

3........[Revoked] ....................... ... ... ... ... ... ... ... ... ... B2

PART 1
GENERAL
MANAGEMENT

4. Duties of superintendent..... ... ... ... ... ... ... ... ... ... ... B2

5........................Superintendent to determine stafr duties ... ... ... ... ... ... ... B 2

6.................Maintenance of registers ... ... ... ... ... ... ... ... ... ... B 2
7.................Notification of absconders ... ... ... ... ... ... ... ... ... ... B 2

PARTII
CARE AND WELFARE OF DETAINED
PERSONS

8.............Bed and clothing .............. ... ... ... ... ... ... ... ... ... B 3

9........Dietary ............................ ... ... ... ... ... ... ... ... B 3

10.....................Daily routine, training and recreation ... ... ... ... ... ... ... ... B 3

11............Letters and visits ............. ... ... ... ... ... ... ... ... ... B 3

PART Ill
DISCIPLINE

12.......Discipline .......................1 ... ... ... ... ... ... ... ... B 3

12A.........................Offences which may be punished by caning ing ... ... ... ... ... ... B 4
I officer
12B.........................Duties of superintendent and medical caning officer ... ...
...........................................B 5

PARTIV
MEDICAL CARE

13.................Duties of medical officers ... ... ... ... ... ... ... ... ... ... B 5

14..........................Death or serious illness of a detained person ... ... ... ... ... ... B 6

PART V
DISCHARGE OF DETAINED
PERSONS

15..........................Superintendent to report on fitness for discharge ... ... ... ... ... B 6

16..............Endorsement on licence ......... ... ... ... ... ... ... ... ... ... B 6

17. Superintendent to provide outfit and inform parents ... ... ... ... ... B 6

PART VI






OFFICIAL
VISITORS

18............Duties of visitors ......... ... ... ... ... ... ... ... ... ... ... B 6
19............Powers of visitors ......... ... ... ... ... ... ... ... ... ... ... B 7
20. Visitors book to be forwarded to the Director B 7





REFORMATORY SCHOOL RULES

(Cap. 225, section 13)

[4th September, 1959.]

1. These rules may be cited as the Reformatory School Rules.

2. In these rules, unless the context otherwise requires-

'Director' means the Director of Social Welfare;

',school' means a reformatory school established under section 10 of
the Ordinance.

3. [Revoked, L.N. 431731

PART 1

GENERAL
MANAGEMENT

4. The superintendent of a school shall be responsible to the
Director for the conduct of the school, and if the superintendent is
absent for a period of more than 24 hours he shall, subject to the
approval of the Director, nominate in writing a senior member of the
staff to carry out his duties.

5. The superintendent of the school shall, subject to the directions
of the Director, determine the duties of members of the staff of the
school other than the medical officer.

6. The superintendent shall keep the following

(a)a register of admissions and discharges, licences together with
any applications for the same, grants of home leave and
releases;

(b)a log book showing every event of importance at the school;

(e)a daily register showing the presence or absence of every
detained person;

(d)separate case records of every detained person in such form as
the Director may prescribe;

(e) a register showing the dietary, the quantities of foodstuffs
used each week and the dishes prepared and served;

a punishment book.

7. If a detained person absconds the superintendent shall forthwith
notify the Director and the officer in charge of the police station in the
district in which the school is situated.





PART II
CARE AND WELFARE OF DETAINED
PERSONS

8. Every detained person shall be provided with a separate bed and
supplied with such clothing as the superintendent shall determine.

9. (1) Every detained person shall be provided with varied food
based on such dietary as the superintendent may decide on the advice
of the medical officer.

(2) A copy of the dietary approved under paragraph (1) shall
remain posted in the kitchen, and shall be entered in the register kept
under rule 6(e).

10. (1) The superintendent shall, subject to the approval of the
Director,

(a)maintain a daily routine which shall include the hours of rising,
meals, recreation and retiring and shall keep a copy of such
routine posted in the school;

(b) provide a scheme of training; and

(c) make provision for recreation including organized games.

(2) Any substantial deviation from the daily routine shall be
reported by the superintendent in the log book kept under rule 6(b).

11. (1) Detained persons may correspond with their parents or
guardians and for such purpose shall be provided with stationery and
postage stamps, and may also correspond with friends:

Provided that the Director may by order in writing require the
superintendent to censor any such correspondence, including
correspondence with parents or guardians, and to delete therefrom any
matter which in his opinion is objectionable.

(2) Subject to such requirements as may be imposed by the
superintendent detained persons may receive such visits as are
approved by the superintendent.

PART III

DISCIPLINE

12. (1) Discipline in the school shall be promoted by a system of
rewards and privileges which shall be drawn up and operated by the
superintendent subject to the approval of the Director.

(2) A detained person may be punished, where the superintendent
considers punishment necessary for the well-being of the detained
person or for the maintenance of discipline in the school,





and such punishment may take one of the following forms but no other

(a)forfeiture of rewards or privileges (including pocket money), or
restriction on recreation;

(b) imposition of additional tasks;

(c)segregation from other detained persons for a period not
exceeding 7 days during all or any of the following times

(i) the time between retiring at night and rising the following
morning;

(ii) the time allowed for recreation;

(iii) the time allowed for meals,

as specified in the daily routine maintained under rule 10(1)(a);
or

(d) in the case of male detained persons, caning in accordance with rule 12A.

(3) The superintendent shall be solely responsible for the
punishment of any detained person, which in no case shall be
administered by any other detained person, and the superintendent
shall record all punishments inflicted in the punishment book kept under
rule 6(f).

12A. (1) Caning under rule 12(2)(d) may be awarded only in respect
of the following offences against discipline

(a) escape or attempted escape from a school or aiding or
endeavouring to aid the escape of any detained person
whether the escape is actually effected or not;

(b) wilful disfiguration or damage to any part of a school or
any property which is not owned by the offender;

(c) assault;

(d) bullying;

(e)swearing, cursing or using any abusive, insolent, threatening
or improper language;

(f) indecency in language, act or gesture.

(2) In the case of an offence under sub-paragraph (d), (e) or (f of
paragraph (1), caning may only be awarded where a formal warning has
previously been given to the detained person by the superintendent
and recorded in the punishment book.

(3) Where an award of caning is made-

(a) the superintendent shall inform the detained person that he may, within 48 hours,
appeal to the Director against the award by giving notice to the superintendent who shall
forthwith notify the Director;

(b) the superintendent shall inform the detained person that he
may forgo his right of appeal.





(4) If after the award of caning the detained person informs the superintendent
that he wishes to forgo his right of appeal, the superintendent shall record this in the
punishment book, and the award shall be carried out as soon as practicable thereafter.

(5) Subject to paragraph (4) an award of caning shall not be carried out until 48 hours
after the making of the award; and if an appeal has been lodged within that period, the
superintendent shall stay execution of the award pending the determination of the appeal.

(6) The Director may confirm, vary or reverse any award against which an appeal is made.

(7) Where an award of caning is made -
(a) the award shall specify the number of strokes to be
inflicted;
(b) in the case of an offender of or above the age of 14 years,
the number of strokes shall not exceed 12;
(c) in the case of an offender below the age of 14 years, the
number of strokes shall not exceed 6;
(d) the caning shall be adminstered on the clothed buttocks
of the offender;
(e) a light cane or rattan of such type as may be approved by the Governor shall be
used.

12B. (1) The superintendent and the medical officer shall attend on every occasion when
a caning, is inflicted, and no detained person shall be caned unless the medical officer has
certified in writing that such detained person is in a fit condition of health to undergo
such caning.

(2) The medical officer shall make such recommendations for preventing injury to the
health of a detained person undergoing such caning as he considers necessary and the
superintendent shall carry them into effect.

(3) At any time during the caning the medical officer may, if he considers it necessary
in order to prevent injury to the health of the detained person, recommend that further
caning shall not be inflicted whereupon the superintendent shall remit the remainder of the
caning.

(4) The superintendent shall enter in the punishment book the hour at which such caning
was inflicted, the number of strokes inflicted, and any order which he may have given as to
remission.
PART IV
MEDICAL CARE

13. The duties of a medical officer appointed under section 12 of
the Ordinance shall be





(a)the examination on admission to and discharge from the
school of detained persons;

(b)the maintaining of medical records relating to every detained
person in the school including an opinion based on the
examinations carried out under paragraph (a);

(c)the medical care of all detained persons in the school for
which purpose he may cause to be removed to hospital any
such detained person who in his opinion cannot adequately
be treated in the school;

(d) the inspection from time to time of the school;

(e) advising on matters pertaining to dietary and hygiene; and

(f) the provision of certificates and the making of recommendations under rule 12B.

14. If a detained person in any school dies or becomes seriously ill,
the superintendent shall forthwith report the fact to the Director and to
the parent or guardian (if any) of such detained person.

PART V

DISCHARGE OF DETAINED
PERSONS

15. For the purposes of section 19 of the Ordinance, the
superintendent shall report to the Director any detained person who in
his opinion will lead a useful and industrious life if discharged.

16. When a detained person is discharged on licence under section
20A of the Ordinance, any conditions imposed by the Director under
that section shall be endorsed on the licence.

17. Where a detained person is discharged the superintendent
shall

(a)provide such person with an outfit of clothes and with
travelling and subsistence money; and

(b) notify the parents or guardian (if any).

PART VI

OFFICIAL VISITORS

l& The school shall be visited at least once in every month by
visitors appointed under section 14 of the Ordinance whose duties shall
be

(a)to record in the book kept for such purpose the time and date
of such visit, and their comments and recommendations;

(b)to inspect the dietary and record any failure to conform to the
dietary prescribed;





(c) to report to the Director any abuses;
(d) to inquire into any matter referred to them by the Director;
(e) to hear any complaint made by a detained person;
to advise the Director on all matters connected with the
school and in particular with regard to the training and
recreation of detained persons; and
(g) such other duties as the Governor may prescribe.

19. For the purpose of carrying out their duties, visitors
may-
(a) inspect any part of the school at all reasonable times;
(b)inspect all books other than medical records connected
with the running of the school;
(c)inquire into any complaint made to them by a detained
person; and
(d)with the approval of the Director, arrange any lectures
or addresses in the school which are directed to the moral
improvement of detained persons and which do not inter-
fere with the requirements of discipline in such school.

20. After every visit the superintendent shall send to the
Director a true copy of the comments and recommendations as
recorded in the book by the visitors.
G.N.A. 55/59. G.N.A. 45/61. L.N. 182/67. L.N. 43/73. L.N. 163/77. Citation. Interpretation. Duties of superintendent. Superintendent to determine staff duties. Maintenance of registers. Notification of absconders. Bed and clothing. Dietary. Daily routine, training and recreation. Letters and visits. Discipline. L.N. 163/77. Offences which may be punished by caning. L.N. 163/77. Duties of superintendent and medical officer. L.N. 163/77. Duties of medical officers. L.N. 163/77. Death or serious illness of a detained person. L.N. 182/67. Superintendent to report on fitness for discharge. L.N. 182/67. Endorsement on licence. L.N. 182/67. Superintendent to provide outfit and inform parents. L.N. 182/67. Duties of visitors. Powers of visitors. Visitors book to be forwarded to the Director.

G.N.A. 55/59. G.N.A. 45/61. L.N. 182/67. L.N. 43/73. L.N. 163/77. Citation. Interpretation. Duties of superintendent. Superintendent to determine staff duties. Maintenance of registers. Notification of absconders. Bed and clothing. Dietary. Daily routine, training and recreation. Letters and visits. Discipline. L.N. 163/77. Offences which may be punished by caning. L.N. 163/77. Duties of superintendent and medical officer. L.N. 163/77. Duties of medical officers. L.N. 163/77. Death or serious illness of a detained person. L.N. 182/67. Superintendent to report on fitness for discharge. L.N. 182/67. Endorsement on licence. L.N. 182/67. Superintendent to provide outfit and inform parents. L.N. 182/67. Duties of visitors. Powers of visitors. Visitors book to be forwarded to the Director.

https://oelawhk.lib.hku.hk/items/show/2908

1964

v15

225

7