PRISONS ORDINANCE

PRISONS ORDINANCE

LAWS OF HONG KONG

PRISONS ORDINANCE

CHAPTER 234





CHAPTER 234

PRISONS ORDINANCE

ARRANGEMENT OF SECTIONS

Section...................................... Page

1. Short title ............................... ... ... ... ... ... ... 2
2. Interpretation ............................ ... ... ... ... ... ... ... 2

3. Appointment of Commissioner of Correctional Services and other officers ... 2

4. Setting apart of places as prisons ..... ... ... ... ... ... ... ... ... 3

5. [Repealed] ................................ ... ... ... ... ... ... ... 3

6. Certification of cells by Commissioner .... ... ... ... . ... ... ... 3
7. Commitment and removal of prisoners .... ... ... ... ... ... ... ... 3
8. Separation of male and female prisoners ... ... ... ... ... ... ... ... 3

9. Control of prisoners ...................... ... ... ... ... ... ... ... 3

10. Custody and conveyance of prisoners .... ... ... 1 ... ... ... ... 4
11. Removal of prisoners for medical treatment ... ... ... ... ... ... ... ... 4

12. Attendance of prisoners ................... ... ... ... ... ... ... ... 4

12A.......................Leave of absence of persons detained ... ... ... . ... .... ... ... 4

13. Judgment of death to be executed within precincts of prison ... ... ... ... 5

14. Burial of body ......................... ... ... ... ... ... ... ... ... 5
15. General saving ............................ ... ... ... ... 5

16. Prohibition of certain persons acting as jurors in an inquiry into death of

prisoner ................................ ... ... ... .. ... ... ... 5

17. Escaping or aiding to escape from prison or legal custody ... ... ... ... 5

17A..................................Failure by prisoner to return after leave of absence an offence ... ... ... 6

18. Introduction of unauthorized articles into prison ... ... ... ... ... ... 6

18A. Possession or introduction of prohibited articles by prison officers ... ... 6

19. Supplying unauthorized articles to prisoners ... ... ... ... ... ... ... 7

20. Duty to display outside a prison notice containing punishments under sections 17,

18 and 19 ............................... ... ... ... ... ... ... ... 7

20A.....................Offences against discipline generally ... ... ... ... ... ... 7

20B..................................Offences against discipline by Superintendents and higher ranks ... ... ... 7
20C. Offences against discipline by Chief Officers, subordinate officers and other persons

employed in the prisons ... ... ... ... ... ... ... ... ... ... ... 8

20D......................................Interdiction where criminal proceedings are instituted against an officer ... 8
20E. Punishment of officers and other persons employed in the prisons guilty of a

criminal offence ... 1 . ... ... ... ... ... ... ... ... ... ... ... 9







20F. Saving in respect of Colonial Regulations and Hong Kong Government

Regulations ... ... 1 . ... ... ... ... ... ... ... ... ... ... . 1 9

21. Penalties for misconduct ... ... ... ... ... ... ... ... ... ... ... ... 9

21A. Prisoners' Welfare Fund ... ... ... ... ... ... ... ... ... ... ... ... 10

22. Welfare Fund ... ... ... ... ... ... ... ... ... ... ... ... ... ... 11

22A. Special duty and expenses therefor ... . ... ... ... ... ... ... ... ... ... 12

23. Visiting justices and visiting committees ... ... ... ... ... ... ... ... ... 12

24. Powers of delegation ... ... ... ... ... ... ... ... ... ... ... ... ... 12

24A. Governor to determine dietary scales ... ... 1 .. ... ... ... ... ... ... 12

25. Power to make rules ... ... ... ... ... ... ... ... ... ... ... ... ... 12

26. Miscellaneous ... ... 1 . ... ... ... ... ... ... ... ... ... ... ... 14





CHAPTER 234

PRISONS

To amend and consolidate the law relating to prisons and persons
employed therein.

15 April 1954.1

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

2. In this Ordinance, unless the context otherwise requires

'Chief Officer' means a senior officer of the Correctional Services
Department holding the rank of chief officer;

'Commissioner' means the Commissioner of Correctional Services of
Hong Kong; (Amended, 52 of 1960, s. 2 and 42 of 1986, s.2)

'disciplinary offence' means a disciplinary offence prescribed by
rules made under section 25; (Added, 35 of 1977, s. 2)

'other person employed in the prisons' includes any officer or member
of the Correctional Services Department, other than a senior officer
or a subordinate officer, and any other person for the time being
employed in the Correctional Services Department; (Replaced, 14
of 1966, s. 2)

'senior officer' means the Commissioner, Deputy Commissioner, and
any Assistant Commissioner, Senior Superintendent,
Superintendent, or Chief Officer; (Replaced, 35 of 1977, s. 2)

'subordinate officers' means Principal Officers, Officers, Assistant
Officers. Nurses, and any other officers of the Correctional
Services Department below the rank of Chief Officer whom the
Governor may declare to be subordinate officers; (Replaced, 11 of
1974, s. 2)

'Superintendent' means a senior officer of the Correctional Services
Department holding the rank of superintendent. (Amended, 31 of
1983, s. 2)

(Amended, L.N. 30182)

3. The Governor may appoint fit persons to be, respectively,
Commissioner, Deputy Commissioner, Assistant Commissioners, Senior
Superintendents, Superintendents, Chief Officers, Chaplains, Medical
Officers and such other officers for the service of the prisons as the
Governor may think necessary.

(Replaced, 35 of 1977, s. 3)





4. The Secretary for Security may by order published in the
Gazette provide for-

(a)any place or building or portion of a building to be set
apart for the purposes of a prison;

(b) the discontinuance of the use of any prison.
(Replaced, 35 of 1977, s. 3)

5. [Repealed, 19 of 1969, s. 21

6. (1) A cell shall not be used for the confinement of a
prisoner unless it is certified by the Commissioner that its size,
lighting, heating, ventilation and fittings are adequate for health and
that it allows the prisoner to communicate at any time with an officer
of the prison.

(2) A certificate given under this section in respect of any cell
may limit the period for which a prisoner may be separately confined
in the cell and the number of hours a day during which a prisoner
may be employed therein.

(3) The certificate shall identify the cell to which it relates by
a number or mark and the cell shall be marked by that number or
mark placed in a conspicuous position; and if the number or mark is
changed without the consent of the Commissioner the certificate
shall cease to have effect.

(4) The Commissioner may withdraw a certificate given under
this section in respect of any cell if in his opinion the conditions of
the cell are no longer as stated in the certificate.

(5) in every prison special cells shall be provided for the
temporary confinement of refractory or violent prisoners.

7. (1) Any prisoner sentenced to imprisonment or com-
mitted 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 Commis-
sioner may direct and may on like direction be removed therefrom
during the term of their imprisonment to any other prison.

8. In a prison used for both men and women separate
buildings or parts of a building shall be used for the men and for
the women respectively so as to prevent the one from seeing or
communicating with the other.

9. Prisoners shall be under the control of the Commissioner
who may-

(a) allocate them to suitable institutions under his control;

(b)classify them according to the classifications laid down
by the Governor in Council from time to time under
section 25.





10. (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 whenever he is working outside or is otherwise outside
any such prison in the custody or under the control of an officer of the
Correctional Services Department.

(2) Any police officer or other officer acting under 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 committed or removed.

11. 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 a prison in pursuance of such order the prisoner shall be
deemed to be in legal custody.

12. (1) When the attendance of any prisoner at any place is
required by a court, tribunal or other body performing judicial functions
or for the purposes of any enactment, the Commissioner 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. (Amended,
19 of 1969, s. 3)

(2) Without prejudice to subsection (1), if the Governor, after
consultation with the Commissioner, is satisfied that the attendance
of a prisoner at any place is desirable in the interests of justice or
for the purposes of any public inquiry, the Governor may by or order
direct that prisoner to be taken to that place in pursuance of such
interests or for such purposes and while absent from a prison in
pursuance of such order the prisoner shall be deemed to be in legal
custody. (Added, 31 of 1983, s. 3)

12A. (1) The Governor may grant a permit to any person who is
detained in a prison under section 76 of the Criminal Procedure
Ordinance to be absent from the prison, subject to such conditions (if
any) as the Governor considers necessary in the interests of such
person or for the protection of other persons. (Amended, 34 of 1972, s.
22)

(2) Leave of absence may be granted to a prisoner under this
section either indefinitely or on specified occasions or for any specified
period and where leave is so granted for a specified period, that period
may be extended by further leave granted in the absence of the
prisoner.

(3) Where it appears to the Governor that it is necessary so to do
in the interests of the prisoner or for the protection of other persons, he
may, upon granting leave of absence under this section,





direct that the prisoner remain in custody during his absence; and
where leave of absence is so granted the prisoner may be kept in the
custody of a subordinate officer.

(4) In any case where a prisoner is absent from a prison in
pursuance of leave of absence granted under this section, and it
appears to the Governor that it is necessary so to do in the interests of
the prisoner's health or safety or for the protection of other persons, the
Governor may, by notice in writing given to the prisoner or to the
person for the time being in charge of the prisoner, revoke the leave of
absence and recall the prisoner to prison.

(5) Any prisoner who has been granted leave of absence under
this section and who does not return to prison at or before the
expiration of the period of absence specified under subsection (2) may
be arrested by any person without warrant.

(Added, 19 of 1969, s. 4)

13. Judgment of death to be executed on any prisoner sentenced
on any indictment shall be carried into effect within the precincts of the
prison in which the prisoner is confined at the time fixed for execution.

14. The body of every prisoner executed shall be buried by the
prison authorities in such place as may be set apart as a place to be
used as a prison cemetery under the provisions of section 113 of the
Public Health and Municipal Services Ordinance.

(Amended, 10 of 1986, s. 32(1)

15. Except in so far as it is hereby otherwise provided judgment of
death shall be carried into effect in the same manner as if this Ordinance
had not been enacted.

16. It shall not be lawful for any prisoner confined in a prison or
any officer of the Correctional Services Department or person employed
in the prisons, or any person engaged in any sort of trade or dealing
with a prison, to be a juror on any inquiry held under the provisions of
the Coroners Ordinance.

(Amended, 57 of 1967, Schedule)

17. Any person who-

(a) escapes from any prison or from legal custody; or

(b)aids any prisoner in escaping from prison or from legal
custody; or

(c)with intent to facilitate the escape of any prisoner, conveys or
causes to be conveyed anything into a prison or to a prisoner
or places anything anywhere outside a prison with a view to
its coming into the possession of a prisoner,

shall be guilty of an offence and shall be liable on conviction upon
indictment to imprisonment for 2 years.

(Amended, 19 of 1969, s. 8, and 11 of 1974, s. 4)





17A. Any prisoner who has been granted leave of absence under
the rules made under section 25 and who without lawful excuse fails to
return to prison at or before the expiration of the period for which leave
has been granted shall be guilty of an offence and liable on conviction
upon indictment to imprisonment for 2 years.

(Added, 19 of 1969, s. 5. Amended, 11 of 1974, s. 5)

18. (1) Any person who brings, throws or in any manner
introduces or conveys into any prison, or conveys to any prisoner
while in custody outside the prison, or deposits in any place outside a
prison with intent that it shall come into the possession of a prisoner, or
carries out of a prison any arms, ammunition, weapon, instrument,
intoxicating liquor, opium or other drugs, tobacco, money, clothing,
provisions, letters, papers, books Or any other article whatsoever shall,
unless so authorized by the rules made under section 25 or by the
Commissioner, be guilty of an offence and shall be liable on conviction
to a fine of $2,000 and to imprisonment for 3 years. (Amended, 19 of
1969, s. 8, and 11 of 1974, s. 6)

(2) Any officer of the Correctional Services Department or other
person employed in the prisons who contravenes or permits any
contravention of the provisions of subsection (1) shall be liable, in
addition to the above punishment and any other punishment, to forfeit
his office.

18A. (1) Except where authorized by rules made under section 25
or by the Commissioner, any officer of the Correctional Services
Department or other person employed in the prisons who

(a)while in a prison or proceeding into or out of a prison, has in
his possession, whether on his person or in any receptable in
his custody, any prohibited article;

(b)knowingly conveys or permits or causes to be conveyed into
or out of a prison, any prohibited article in any vehicle or other
means of transport which is driven by him or in his charge or
in which he is a passenger;

(e)brings, throws or otherwise introduces or causes to be
brought, thrown or otherwise introduced into or out of a
prison, any prohibited article;

(d)takes any prohibited article to or from any prisoner whether
such prisoner is in a prison or in custody outside a prison;

(e)deposits any prohibited article in any place whether in a
prison or outside a prison, with the intent that it shall come
into the possession of a prisoner,

shall be guilty of an offence and shall be liable on conviction to a fine
of $2,000 and to imprisonment for 3 years.

(2) In subsection (1), 'prohibited article' means any fire-arm,
ammunition, weapon, instrument, explosive, harmful or deleterious





substance, intoxicating liquor, opium or other drug, tobacco,
money, clothing, provisions, letter, paper or book.
(Added, 11 of 1974, s. 7)

19. Any person who-

(a)in any prison sells any intoxicating liquor, opium or other
drug, tobacco or any other unauthorized article; or

(b)being an officer of the Correctional Services Department or
other person employed in the prisons-
(i) permits any such article to be sold in any prison;
(ii) permits any such article to be used by any prisoner,
unless such use be authorized by rules made under section
25 or by the Commissioner;
(iii) contrary to the rules made under section 25 gives
or causes to be given anything of whatsoever nature to any
prisoner,

shall be guilty of an offence and shall be liable on conviction to a fine
of $1,000 and to imprisonment for 6 months and, if he be an officer
of the Correctional Services Department or other person employed
in the prisons, he shall be liable, in addition to such punishment and
any other punishment, to forfeit his office.
(Amended, 19 of 1969, s. 8)

20. The Commissioner shall cause to be affixed in a conspic-
uous place outside every prison a notice, in English and in Chinese,
setting forth the penalties that will be incurred by persons who
contravene the provisions of sections 17, 18 and 19.

20A. Any officer of the Correctional Services Department or
other person employed in the prisons who commits a disciplinary
offence shall be liable to be dismissed or otherwise dealt with as
provided by or under this Ordinance.
(Added, 35 of 1977, s. 4)

20B. Whenever it is alleged that a Superintendent or any
officer of a higher rank of the Correctional Services Department has
committed a disciplinary offence or whenever an investigation is
being undertaken into any conduct which may amount to the
commission of a disciplinary offence by a Superintendent or any
such officer-

(a)the provisions of Colonial Regulations and Regulations of
the Hong Kong Government which relate to interdiction
and to the payment of emoluments thereafter shall apply;

(b)the matter shall be investigated and the officer concerned
dealt with in the appropriate manner provided for in those
regulations for allegations of misconduct made against a
public officer.
(Added, 35 of 1977, s. 4)





20C. (1) Whenever a Chief Officer or any subordinate officer or
other person employed in the prisons is charged with a disciplinary
offence

(a) the Commissioner may interdict him from duty; and

(b)the matter shall be investigated and the officer or person
concerned dealt with in the appropriate manner provided in the
rules made under section 25.

(2) Whenever an investigation is being undertaken into any
conduct which may amount to the commission of a disciplinary offence
by a Chief Officer or any subordinate officer or other person employed
in the prisons, and the Commissioner considers that it is contrary to the
public interest for the officer or person to continue to exercise the
powers and functions of his office, the Commissioner may interdict him
from duty but the officer or person shall be entitled, until such time as
he is charged with a disciplinary offence, to the full amount of the
emoluments which he would have received if he had not been
interdicted.

(3) An officer or person interdicted under subsection (1), and an
officer interdicted under subsection (2) who is charged with a
disciplinary offence, shall receive such proportion of the emoluments of
his office, not being less than one-half, as the Commissioner may direct.

(4) If the proceedings against such officer or person do not result
in any punishment of the officer or person, he shall be entitled to the
full amount of the emoluments which he would have received if he had
not been interdicted.

(5) If a punishment other than dismissal is inflicted the officer or
person may be paid such proportion of the emoluments withheld as a
result of his interdiction as the Commissioner may direct.

(Added, 35 of 1977, s. 4)

20D. (1) If criminal proceedings have been, or are likely to be,
instituted against any officer of the Correctional Services Department or
other person employed in the prisons, or an investigation is being
undertaken into any conduct which may amount to the commission of a
criminal offence by such officer or person, the officer or person may be
interdicted from duty and thereafter paid emoluments as follows

(a)if a Superintendent or officer of a higher rank, in accordance
with Colonial Regulations and Regulations of the Hong Kong
Government;

(b)if a Chief Officer or subordinate officer or other person
employed in the prisons in accordance with section 20C.

(2) A Chief Officer or subordinate officer or other person employed
in the prisons who is found guilty of or pleads guilty to any criminal
ofrence which in the opinion of the Commissioner is serious enough to
warrant dismissal shall not, as from the time





when he is found or pleads guilty as aforesaid, be paid any emoluments
of his office pending the consideration of the case in accordance with
rules made under section 25.

(Added, 35 of 1977, s. 4)

20E. (1) If in criminal proceedings before any court

(a)an officer of the Correctional Services Department or other
person employed in the prisons is found guilty of or pleads
guilty to any criminal offence; or

(b)the court finds that a charge against an officer of the
Correctional Services Department or other person employed in
the prisons in respect of a criminal offence has been proved
against him,

and any appeal or other application for review of those proceedings is
not allowed or is abandoned or withdrawn, the officer or person may be
punished, in the case of a Superintendent or officer of higher rank, in
accordance with Colonial Regulations and Regulations of the Hong
Kong Government, and in the case of a Chief Officer or subordinate
officer or other person employed in the prisons, in the appropriate
manner provided in the rules made under section 25. (Replaced, 31 of
1983, s. 4)

(2) In section 20D and in subsection (1) of this section 'criminal
proceedings' and 'criminal offence' include, respecticely

(a) criminal proceedings in, and

(b) a criminal offence against the law of,

any place outside Hong Kong.

(Added, 35 of 1977, s. 4)

20F. Nothing in this Ordinance shall be construed to preclude

(a)the summary dismissal of any officer of the Correctional
Services Department or other person employed in the prisons
in accordance with Colonial Regulations and Regulations of
the Hong Kong Government;

(b)the termination of the employment in accordance with
Colonial Regulations of any such officer or person on the
grounds that, having regard to the conditions of the public
service, the usefulness of the officer or person thereto and all
other circumstances of the case, such termination is desirable
in the public interest.

(Added, 35 of 1977, s. 4)

21. Any officer of the Correctional Services Department or other
person employed in the prisons who

(a) after having duly engaged to serve as such absents himself

from his duties; or(Amended, 21 of 1955, s. 4)





(b)on being dismissed or permitted to resign from or ceasing to
belong to the Correctional Services Department, does not
deliver up all arms, accoutrements, appointments and things
entrusted to him for the performance of his duty,

shall be guilty of an offence and shall be liable on conviction to a fine
of $1,000 and to imprisonment for 6 months, and shall be liable to forfeit
his office upon conviction.

(Amended, 19 of 1969, s. 8)

21A. (1) There shall be established a fund to be known as the

'Prisoners' Welfare Fund'.

(2) The fund shall consist of-

(a)the balance of any sums deposited in or donated to the fund
known as the 'Prisoners' Welfare Donation Fund' existing at
the commencement* of the Prisons (Amendment) Ordinance
1986 for the welfare of prisoners;

(b)all sums resulting from or donated in connexion with public
entertainment performed by prisoners;

(e)all sums received ed at any function organized to raise money
for the fund less any expenses which defray any necessary
costs and charges in respect of that function;

(d)moneys confiscated by the Superintendent under rule 23 of the
Prison Rules and sums derived from the sale of articles
confiscated under that rule;

(e)such other donations and voluntary contributions as may be
made to the fund.

(3) The fund shall be controlled by the Commissioner subject to
rules made under section 25 and shall be applied for the benefit of
prisoners in such ways as the Commissioner may determine, including

(a)procuring for prisoners while in prison comforts, convenience
or other advantages;

(b)meeting expenses of prisoners and providing services for
prisoners or items not chargeable to the general revenue;

(c) assisting prisoners after discharge from prison.

(4) The cost of administration of the fund shall be a charge upon
the general revenue, but the Financial Secretary may direct that an
annual supervision fee to be determined by him shall be charged
against the income of the fund and paid into the general revenue.

(5) The fee charged under subsection (4) shall not exceed 2.5 per
cent of the income of the fund for the period in respect of which the fee
is charged.

(Added, 42 of 1986, s. 3)





22. (1) There shall be established a fund to be known as the Welfare Fund.
'Correctional Services Department Welfare Fund'.

(2) The fund shall consist of-

(a)all sums forfeited by or fines inflicted on any officer of the
Correctional Services Department and other persons employed
in the prisons other than sums forfeited by or fines inflicted by
a magistrate or competent court under the powers conferred by
this Ordinance; (Amended, 36 of 1978, s. 2)

(b)all unclaimed sums found, and confiscated, within the prisons
and such other institutions as may be placed under the control
of the Commissioner;

(bb)any sum credited to the fund under this or any other
Ordinance; (Added, 31 of 1983, s. 5)

(c)such donations and voluntary contributions as may be made
to the fund; (Replaced, 42 of 1986, s. 4)

(d)any sums as may be voted annually by the Legislative
Council.

(2A) Whenever it shall be necessary to recover any sum due to the
fund, such sum shall be deemed to be a debt due to the Crown and shall
be recoverable by action in the same manner as other Crown debts.
(Added 31 of 1983, s. 5)

(3) The fund shall be controlled by the Commissioner subject to
rules made under section 25 and applied to the purpose of

(a)recompensing officers of the Correctional Services Department
and other persons employed in the prisons for extra service
rendered by them; (Amended, 36 of 1978, s. 2)

(b)procuring for officers of the Correctional Services Department
and other persons employed in the prisons who are serving or
who have retired on pension or gratuity, comforts,
convenience or other advantages not chargeable to the general
revenue; (Amended, 36 of 1978, s. 2 and 42 of 1986,s.4)

(c)granting loans to officers of the Correctional Services
Department and other persons employed in the prisons who
are serving or who have retired on pension or gratuity;
(Replaced, 36 of 1978, s. 2)

(d)making grants to persons who were wholly or partially
dependent at the time of his death on

(i) a deceased officer or a deceased former officer who had
retired on pension or gratuity; or

(ii) a deceased person employed in the prisons or a
deceased person who was at any time employed in the
prisons and who had retired on pension or gratuity,





and who are in need of financial assistance, whether
towards the payment of funeral expenses of the deceased
or otherwise. (Added, 36 of 1978; s. 2)

22A. (1) Upon application made to him by any person in that
behalf and the payment to him of such fee as he may think fit, the
Commissioner may detail any officer of the Correctional Services
Department or other person employed in the prisons to do special
duty in or about any prison specified by the applicant and for the
purpose, furnish such equipment as he may deem necessary.

(2) All fees received by the Commissioner under subsection (1)
shall be paid by him to the Director of Accounting Services, who
shall credit them to the Correctional Services Department Welfare
Fund.
(Added, 31 of 1983, s. 6)

23. (1) For the purpose of visiting prisons and other institu-
tions under the control of the Commissioner, the Governor-

(a)shall appoint such numbers of justices of the peace as he
considers necessary; and

(b)may appoint fit and proper persons to serve on visiting
committees.

(2) Visiting justices and visiting committees shall carry out the
duties and exercise the powers prescribed by rules made under
section 25.

24. (1) Save where the contrary intention appears from the
context of this or any other Ordinance and subject to any special
instructions of the Commissioner, the Deputy Commissioner may
exercise and perform any of the powers, functions and duties which
are conferred or imposed upon the Commissioner by this or any
other Ordinance except any power to dismiss a subordinate officer
which may be conferred on the Commissioner by or under this
Ordinance.

(2) Save where the contrary intention appears from the con-
text of this or any other Ordinance and subject to any special
instructions of the Governor, the Commissioner may authorize any
senior officer by name, office or appointment to exercise and
perform any of the powers, functions and duties which are conferred
or imposed upon the Commissioner by this or any other Ordinance
except any power to dismiss a subordinate officer which may be
conferred on the Commissioner by or under this Ordinance.
(Replaced, 35 of 1977, s. 5)

24A. The Governor may determine dietary scales of plain and
wholesome food which shall be supplied to each prisoner.
(Added, 19 of 1969, s. 6)

25. (1) The Governor-in Council may make rules providing
for-





(a) the regulation and government of prisons

(b) the admission and discharge of prisoners;

(c) the duties and conduct of the officers of the Correctional
Services Department and other persons employed in the
prisons

(d) the acts which shall be disciplinary offences on the part of
any officer of the Correctional Services Department or
other person employed in the prison; (Replace, 19 of
1969, s. 7)

(da)the inquiry by the Commissioner, Deputy Commissioner or
such other authority as may be prescribed into a disciplinary
offence by any such officer or other person; (Added, 19 of
1969, s. 7)
(db)the procedure to be followed in any case where a disciplinary
offence or a breach of duty is alleged to have been committed
by any such officer or other person; (Added, 19 of 1969, s. 7)

(dc) the punishment, including---

(i) dismissal;

(ia) compulsory retirement either with gratuity or other
allowances or without such benefits or with reduced benefits
and, in accordance with the Pensions Ordinance,with
or without pension, or with reduced pension; (A 31
of 1983, s. 7)

(ii) imposition of a fine;

(iii) reduction to a lower rank or pay;

(iv) forfeiture of seniority;

(v) stoppage or deferment of increments;

(vi) performance of extra duty;

(vii) reprimand or severe reprimand, of such officer or other
person for any disciplinary

offence;(Added, 19 of 1969, s. 7)
(dcc) the retirement of any such officer or other person in the public
interest; (Added, 31 of 1983, s. 7)
(dd)the application of money in the possession of a prisoner
committed for non-payment of a fine towards the fine
adjudged to be paid; (Added, 19 of 1969, s. 7)

(de) the conferring on any officer of the Correctional Services
Department or other person employed in the prisons of
rights of appeal against a finding of guilt or a punishment
awarded; (Added, 35 of 1977, s. 6)

(df) the control, administration and application of the Prisoners'
Welfare Fund; (Added, 42 of 1986, s. 5)

(e)the control, administration and application of the Correctional
Services Department Welfare Fund;





the duties and powers of visiting justices or visiting
committees;

(g)the conditions under which visitors may be allowed in the
prisons:

(h)the classification, clothing, maintenance, employment,
discipline, instruction and correction of the prisoners;
(Amended, 19 of 1969, s. 7)

(i) the remission of a portion of their sentences;

(j)the granting of gratuities to the prisoners or the remuneration
of prisoners for work done;

(k)the regulation of the execution of judgments of death and
burials of executed prisoners;

(l) all other matters relating to the prisons.

(2) Any rule made under this Ordinance may provide that a
contravention thereof shall be an offence and may provide punishment
and penalties for such offence not exceeding a fine of $1,000 and
imprisonment for 6 months.

(3) Rules made under paragraph (de) of subsection (1) may
authorize the Governor to delegate to the Secretary for the Civil Service,
or to a public officer not below the rank of Secretary, the determination
of an appeal referred to in that paragraph. (Added, 35 of 1977, s. 6)

26. Wherever any of the following expressions appears in any
enactment, it shall be deleted and substituted

(a)in the case of the expression 'Deputy Commissioner of
Prisons' by the following

'Deputy Commissioner of Correctional Services';

(b)in the case of the expression 'Senior Superintendent of
Prisons' by the following

'Senior Superintendent of Correctional Services';

(c)in the case of the expression 'female prison officers' by the
following

'female officers';

(d)in the case of the expression 'male prison officers' by the
following

'male officers';

(e) in the case of the expressions-

(i) 'prison officers'; and
(ii) 'officers of the prison',

by the following-

'officers';





in the case of the expression 'prison staff' by the following

',staff and

(g)in the case of the expression 'prison service' by the following

'service'.

(31 of 1983, s. 8 incorporated)
Originally 17 of 1954. 21 of 1955. 35 of 1960. 52 of 1960. 21 of 1963. 14 of 1966. 57 of 1967. 19 of 1969. 34 of 1972. 11 of 1974. 35 of 1977. 36 of 1978. L.N. 30/82. 31 of 1983. 10 of 1986. 42 of 1986. Short title. Application. Interpretation. Appointment of Commissioner of Correctional Services and other officers. Setting apart of places as prisons. Certification of cells by Commissioner. [cf. 1952 c. 52, s. 14] Commitment and removal of prisoners. [cf. 1952 c. 52, s. 12.] Separation of male and female prisoners. [cf. 1952 c. 52, s. 15.] Control of prisoners. Custody and conveyance of prisoners. [cf. 1952 c. 52, s. 13] Removal of prisoners for medical treatment. [cf. 1914 c. 58, s. 17; 1952 c. 52, s. 22] Attendance of prisoners. Leave of absence of persons detained. [cf. 1959 c. 72, s. 39.] (Cap. 221.) Judgment of death to be executed within precincts of prison. [cf. 1867 c. 24, s. 2.] Burial of body [cf. 1867 c. 24, s. 6.] (Cap. 132.) General saving. [cf. 1867 c. 24, s. 16.] Prohibition of certain persons acting as jurors in an inquiry into death of prisoner. [cf. 1865 c. 126, s. 48; 1887 c. 71, s. 3] (Cap. 14.) Escaping or aiding to escape from prison or legal custody. [cf. 1952 c. 52, s. 39.] Failure by prisoner to return after leave of absence and offence. Introduction of unauthorized articles into prison. [cf. 1952 c. 52, ss. 40 and 41.] Possession or introduction of prohibited articles by prison officers. Supplying unauthorized articles to prisoners. [cf. 1952 c. 52, s. 40.] Duty to display outside a prison notice containing punishments under sections 17, 18 an 19. [cf. 1952 c. 52, s. 42] Offences against discipline generally. Offences against discipline by Superintendents and higher ranks. Offences against discipline by Chief Officers, subordinate officers and other persons employed in the prisons. Interdiction where criminal proceedings are instituted against an officer. Punishment of officers and other persons employed in the prisons guilty of a criminal offence. Saving in respect of Colonial Regulations and Hong Kong Government Regulations. Penalties for misconduct. Prisoners' welfare Fund. (42 of 1986.) [*11.7.86.] (Cap. 234, sub. leg.) Welfare Fund. Special duty and expenses therefor. Visiting justices and visiting committees. Powers of delegation. Governor to determine dietary scales. Power to make rules. (Cap. 89.) Miscellaneous.

Originally 17 of 1954. 21 of 1955. 35 of 1960. 52 of 1960. 21 of 1963. 14 of 1966. 57 of 1967. 19 of 1969. 34 of 1972. 11 of 1974. 35 of 1977. 36 of 1978. L.N. 30/82. 31 of 1983. 10 of 1986. 42 of 1986. Short title. Application. Interpretation. Appointment of Commissioner of Correctional Services and other officers. Setting apart of places as prisons. Certification of cells by Commissioner. [cf. 1952 c. 52, s. 14] Commitment and removal of prisoners. [cf. 1952 c. 52, s. 12.] Separation of male and female prisoners. [cf. 1952 c. 52, s. 15.] Control of prisoners. Custody and conveyance of prisoners. [cf. 1952 c. 52, s. 13] Removal of prisoners for medical treatment. [cf. 1914 c. 58, s. 17; 1952 c. 52, s. 22] Attendance of prisoners. Leave of absence of persons detained. [cf. 1959 c. 72, s. 39.] (Cap. 221.) Judgment of death to be executed within precincts of prison. [cf. 1867 c. 24, s. 2.] Burial of body [cf. 1867 c. 24, s. 6.] (Cap. 132.) General saving. [cf. 1867 c. 24, s. 16.] Prohibition of certain persons acting as jurors in an inquiry into death of prisoner. [cf. 1865 c. 126, s. 48; 1887 c. 71, s. 3] (Cap. 14.) Escaping or aiding to escape from prison or legal custody. [cf. 1952 c. 52, s. 39.] Failure by prisoner to return after leave of absence and offence. Introduction of unauthorized articles into prison. [cf. 1952 c. 52, ss. 40 and 41.] Possession or introduction of prohibited articles by prison officers. Supplying unauthorized articles to prisoners. [cf. 1952 c. 52, s. 40.] Duty to display outside a prison notice containing punishments under sections 17, 18 an 19. [cf. 1952 c. 52, s. 42] Offences against discipline generally. Offences against discipline by Superintendents and higher ranks. Offences against discipline by Chief Officers, subordinate officers and other persons employed in the prisons. Interdiction where criminal proceedings are instituted against an officer. Punishment of officers and other persons employed in the prisons guilty of a criminal offence. Saving in respect of Colonial Regulations and Hong Kong Government Regulations. Penalties for misconduct. Prisoners' welfare Fund. (42 of 1986.) [*11.7.86.] (Cap. 234, sub. leg.) Welfare Fund. Special duty and expenses therefor. Visiting justices and visiting committees. Powers of delegation. Governor to determine dietary scales. Power to make rules. (Cap. 89.) Miscellaneous.

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