PRISONS ORDINANCE - minor amendment

PRISONS ORDINANCE - minor amendment

CHAPTER 234

PRISONS

1. The Prisons Ordinance is amended-

(1)in section 2 by adding after the definition of 'disciplinary
offence'-

'hostel' means a building or portion of a building set
aside as a hostel under section 24B; (Added 44 of
1987s.2)

(2) by adding after section 24A-
2411. (1) The Secretary for Security may, by order
published in the Gazette, provide for-

(a)any building or portion of a building to be set
aside as a hostel for the purposes of this
Ordinance;

(b)the discontinuance of the use of such building or
portion of a building as a hostel.

(2) A hostel shall be under the control of the
Commissioner.

(3) A person who is-

(a)required, by any supervision order made under
the authority of any Ordinance, to reside in a
hostel; and
(b)employed outside the hostel under a contract of
service or apprenticeship and remunerated,

may be required to pay such charges in respect of his food
and accommodation in the hostel as the Commissioner,
with the approval of the Financial Secretary, may
determine.
(Added 44 of 1987s. 2)

(3)in section 25(1)(a), (c), (d), (de), (g) and (1) by adding 'and
hostels' after 'prisons' wherever it appears;

(4)in section 25(1)(dc)(ia) by adding 'or the Pension Benefits
Ordinance' after 'Ordinance'.

2. The Prison Rules are amended-

(1) in rule 69A-

(a)in paragraph (1) by repealing 'The' and substituting
'Subject to paragraph (28), the';





(b) by repealing paragraph (2) and substituting-

(2) First Column Second Column
(i) Aged 21 or over at the After 5 years and
date of conviction, every 2 years
and imprisoned for thereafter.
life or for a term of 10
years or more.
(ii) Under age 21 at the After 1 year and every
date of conviction. year thereafter until
age 21 is attained and
thereafter every 2
years.
(iii) Detained pursuant to After 1 year and every
section 70 of the year thereafter until
Criminal Procedure age 21 is attained and
Ordinance thereafter every 2
(Cap. 221). years. (L.N. 269 of
1988)
(c) by adding after paragraph (2)-
(2A) For the purposes of this rule, consecutive
terms of imprisonment shall be treated as one term of
a length equal to the sum of the consecutive terms.
(L.N. 269 of 1988)

(2B) Paragraph (1) shall not require the
Commissioner to submit to the Governor for review
the case of any prisoner who, at the date determined
for the purpose of paragraph (1), is due or is likely to
be due for discharge within 6 months from that date.
(L.N. 269 of 1988)

(2)in rule 70 by adding 'the Pension Benefits Ordinance,' after
'Ordinance,';

(3)in rule 157, by repealing 'Medical and Health Services' and
substituting 'Health';

(4) by adding after rule 214-
(3) PRISONERS COMIETTED FOR CONTEMPT, ETC.
Application of rules as to privileges
and remission of sentence

215. (1) A prisoner committed for contempt, or for
failing to do or abstain from doing anything required to be
done or left undone, shall be subject to the special rules
under this Part that apply to prisoners awaiting trial.
(2) A prisoner detained in a prison for a stated term
on committal for contempt, or for failing to do or abstain
from doing anything required to be done or left undone,





shall, for the purpose of rule 69, be treated as serving a
sentence of imprisonment for the stated term.
(L.N. 269 of 1988)

(5) in rule 222-

(a) by repealing paragraph (1) and substituting-

(1) Two visiting justices (one official and one
unofficial) shall, in company if possible, visit-

(a) each prison at least once a fortnight;

(b) each hostel at least once a month,
and on such other days at they may be required.

(b) in paragraph (2) by adding 'and hostels' after 'prisons';

(6) in rule 223 by adding 'or hostel' after 'prison';

(7) in rule 224 by adding 'or hostels' after 'prisons';

(8)in rule 226 by adding 'or hostel' after 'the prison' wherever it
appears;

(9) in rule 228-

(a)in paragraph (1) by adding 'or resident of a hostel' after
'prisoner';
(b)in paragraph (2) by repealing 'prisoners in hospital and'
and substituting 'prisoners, or residents of hostels, in
hospital and prisoners in';

(10) in rule 229 by adding 'or resident of a hostel' after 'prisoner';

(11) in rule 230 by adding 'or residents of the hostels' after
'prisoners' wherever it appears;

(12) in rule 231 by adding 'or hostel' after 'prison';

(13) in rule 232 by adding 'and residents of hostels after
'prisoners';

(14) in rule 233-

(a) by adding 'or hostel' after 'prison' where it first appears;

(b)by adding 'in the case of lectures and addresses in the
prison' after 'provided they';

(15) in rule 234 by adding 'or hostel' after 'the prison';

(16) in rule 254(b)(iii) by adding 'or the Pension Benefits Ordi-
nance' after 'Ordinance'.





3. The Prisons Order is amended in the Schedule by adding after
the item relating to Pik Uk Prison-

Sha Tsui Detention Centre (the site and buildings situated at
Shek Pik on the Island of Lantau, New Territories)
(L.N. 123 of 1989)
Hostels 44 of 1987 s. 2. 36 of 1987 s. 46 (Cap. 99) L.N. 269 of 1988 36 of 1987 s. 55 (Cap. 99) L.N. 76 of 1989 L.N. 269 of 1988 44 of 1987 s. 3. 36 of 1987 s. 55 (Cap. 99.)

Hostels 44 of 1987 s. 2. 36 of 1987 s. 46 (Cap. 99) L.N. 269 of 1988 36 of 1987 s. 55 (Cap. 99) L.N. 76 of 1989 L.N. 269 of 1988 44 of 1987 s. 3. 36 of 1987 s. 55 (Cap. 99.)

https://oelawhk.lib.hku.hk/items/show/3753

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