PRISON ORDINANCE, 1885
Title
PRISON ORDINANCE, 1885
Description
ORDINANCE N©. 18 up 188.
No. 18 of 188.
,fin Ordinance entitled The Prison Ordinance, .T 885.
[tee AweW-
mcnt Ordi-
[lath November, 1885.1 1
BE it enacted by the Governor of Hon0orl:ona, with the advice of the
Lep slatme Council thereof, as follows:-
1. The Governor may from tune to time make, and when made alterGovernor
may ma~e-
urrevoke, orders for.any of the following purposes, VIZ. :-- ora.e~ irl
certain
(a.) '1'o set apart any available sites and buildings for the Mattenq~
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. ) '1'o remove prisoners from one prison to another.
(cf.) To appoint fit persons to be respectively superintendents i
of prisms, clmplains and surgeons, and such subordi-
nate officers for, the service of prisons as the Governor.
may think necessary, and to remove such persons from
their offices, and to re(;ulatP the salaries to be paid to
such persons. f
2. The site and buildin;ys and prison h~rroww as Victoria Gaol at the
Victoria, Gaol
time of the coming into operation of this Ordinance shall be deemed to
Pdrison.
~ a
be a prison duly set apart under section 1 ,of this Ordinance.
3. The Superintendent and officers of Victoria Gaol, at the time of
the commencement of this Ordinance shall be deemed to be duly appointed
under section 1 of this Ordinance. But such officers shall hold their
offices by the same tenure, and upon like terms and conditions, as if this
Ordinance had not passed. -
4-: 4: Prisoners shall be under the control of superintendents of prisons
aupe,.,r,tc.nd_
assisted by the prison officers appointed thereto under the provisions of
`''t'~' '
this Ordinance.
~. 1% 1
A prisoner shall be deemed to be in legal custody whenever he custody of
is being taken to or from or whenever he, is ccnfined- in any prison 'in
prisoners.
which he may be lawfully confined, or whenever he is workina outside
or is otherwise beyond .the walls of any such prison in the custody or
order the control of a prison officer belon01ing to such prison, and any
Present
officers to he
deemed ap-
pointed under
this orar-
11 R.71CC.
QI:DIIV'ANCINo: 19 aF''I88S
Prisoh.
constable or other officer acting under the order of any Judge or Justice
of the Peace, or 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..
Separatiou 6, The requisitions of this Ordinance with respect to the
separation
.of prisoners.
of prisoners are as follows:-
.
(L) In every prison separate cells slJall 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. `
( 2. ) In every prison punishment cells shall be provided or
appropriated for the confinement of prisoners, for prison
offences.
1n a prison containing female prisoners as well as males,
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 men.'
In a prison where debtors are confined, means shall be
provided for separating them altogether from the criminal
prisoners.
r
( 5.) In -a prison where criminal prisoners are confined, such
prisoners shall, as far as possible, be prevented from
holding any communication with each other, either by
every prisoner being kept in a separate cell by day and
by night, except when he is at chapel or taking exercise,
or by every prisoner being confined by night to his cell,,
and being subjected to such superintendc'11ce during the
day as will, consistently with the provisions of this
Ordinance, prevent his communicating with any other,
- prisoner. _ .
(6.) In a prison where prisoners under the age of 16 years are
confined, they shall be kept separate from prisoners ofzD
or above that ae.
GRRINAV'CE No.. I8-oF I-885.
Prison.
7. No cell shall be used for the separate confinement of a prisoners
c;~lb- to be
. approved. by
unless it has been approved m writing by the Governor 'for the purpose, the
and the Governor shall not give his approval in respect of any cell unless
he is satisfied that it is of such a sire, and is lighted, warmed,
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; but a distinction nnay be made in
respect of the use of cells for the separate confinement of prisoners
during
long and short periods of imprisonment, and in respect of the use of
cells .
in which the prisoner is intended to be employed during the whole day,
or for 'a long or short part thereof; anal the Governor's approval may be
varied accordingly, so as to express the period of imprisonment for which:
each cell may be considered fit, and the number of hours in the day
during which the prisoners may be employed therein.
No punishment cell shall be used unless it has been approved in writing
by the Governor, and the Governor shall not give his approval in respect
of any such cell unless he is satisfied that it is furnished with the
means
of enabling the prisoner to communicate at any ti.rw with an officer of
-the prison, and that it can be used as a punishment cell without detri-
ment to the prisoner's health, and the time for which it may be so used
shall be stated in the approval.
Every approved cell shall be distinauis.hed by a number or mark
placed in a conspicuous position, and shall be referred to by its number -
or mark in . the Governor's approval, and the number or mark of any
approved cell shall not be changed without the Governor's approval.
Any approval given by the Governor in respect of a cell may be -
withdrawn on such alteration taking place in such cell as to render the
iipprqval, in his opinion, inapplicable thereto, and upon an approval in
respect of a cell being withdrawn, that cell shall cease to he an approved
cell for the purposes of this Ordinance:
$. Hand labour for the purposes of sentences of imprisonment with
bard labour or penal servitude shall be of two classes, consisting, 1st,
of
work at the tread .wheel;. shot drill, crank, capstan, stone-breaking, or
such other like description of hard bodily labour a5 may be appointed by
the Governor, which work is hereinafter- referred to .as hard labour of
the
first class; 2ndly,a of such ,other description of bodily labour as may be
appointed by the Governor, which work is- hereinafter referred to as ,hard
ORDINANCE N0. 1$ ©ir 48815.
.Prison.
labour of the second class ; and in every prison where prisoners sentenced
to hard labour or penal servitude are confined, adequate means shall be
provided for enforcinb hard labour in accordance with the rejulations of
this Ordinance; but prisoners may be employed in lard labour of the
second class outside the walls of tine prison under the cc:ntrol of a
prison
officer belomging to sued prison, and employment in the necessary,
services
of the prison may, in the case of a limited number of prisoners, to be
selected by the. Superintendent as a reward for industry and hood
behaviour, be deemed to be hard labour of the second class.
ants oftb e Ist J, In every prison, prisoners convicted of misdemeanor,
and not
uud 2nd ~aivi- 'sentenced to hotel labour, .shall be divided into at least
two divisions, one
of which shall be called the first , division ; and 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, if such Court or Judge thinks fit, 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. *Every person imprisoned under any rule, order, or.
attachment - for contempt of Court shall be treated as a misdemeanant of
the first division.
.
Ax4tiay6. 10, Every person who ai,l8 any prisoner in escaping or attempting
to escape from guy prison, or who, with intent to facilitate the escape of
any prisoner, conveys or causes to be conveyed into tiny prison any
icUlsk,
dress, or other disguise, or any letter, or any other article or thin,
shall
be guilty of felony, and on conviction he sentenced to imprisonment with
hard labour for a terra not exceeding two years.
.zut:r ~oatzctiou 11. Every person who, contrary to the regulations of the
pri'sons,
of prohibited,
artinesint.a> brings or attempts by any means whatever to introduce into
any prison
Prison. any spirituous or fermented liquor or tobacco or opium, and every
officer
of a prison who suffers any spirituous or fermented liquor or tobacco or
opium to be sold or used therein, contrary to the prison rebulations, on
conviction shall be sentenced to imprisonment for a terra not -exceeding
sic months, or to a penalty not exceeding twenty pounds, or both in the
discretion of the Court, and every officer of a prison.convicted under
this
Sti shall, in addition to any other punisbment~ forfQit, his office aild
ee on
alb:°~,-t rears --of salvxy due to -him.
0!RDWA1\-Cli No. 1$ of :18815.'
Prison. ,
;:a
1?. :very person who, contrary to .the regulations a prison, ~ C¢uveyilt
ddcument .car
conveys 01' attempts to convey any' letter or other document, or any
article articles out of
a prison.
whatever not allowed by such regulations into or out of any prison, shall
on conviction incur a penalty not exceeding ten pounds, and, if an officer
of the prison, shall forfeit his office and all arrears of salary due to
him,
but this section shall not apply in cases where the offender is liableato
rL
more severe punishment under any other provision of this Ordinance.
r
1.3. The Superintendent shall cause to be affixed in a conspicuous
place outside the prison a notice in English and in Chinese setting forth
the penalties that will be incurred by persons conrnitting any offence in
-contravention of the three preceding sections.
14. It shall be the duty of the Coroner to hold an inquest on the
body of every prisoner who may die within a prison, and in no case shall
any officer of the prison, or any prisoner confined in the prison, or any
per9n engaged in any sort of trade or dealing with the prison, be a,juror
on such inquest. _
15. If any suit or action is prosecuted against any person for any
throb done in pursuance of this Ordinance, such person may plead that
the same was done by authority of this Ordinance ; and if a verdict
passes for the defendant, or the plaintiff becomes nonsuited, or
discontinues
his action after issue joined, or if, upon demurrer or otherwise, judgment
be liven against the plaintiff, the defendant shall recover costs as
between
solicitor and client and have the like remedy fir the same as any
defendant
i
hays by law in other cases; and though a verdict be given for the
plaintiff
in any such action, such plaintiff shall not have costs against the
defendant,
unless the Judge before whom the trial takes place certifies his
approbation
.of the.~action and the verdict obtained thereupon.
16. Offences under this Ordinance, with the exception of felonies,
.and of offences-for the mode of trial of which express provision is made
by this Ordinance, shall .lie prosecutca summarily before a Police
11aalStrate.
17. The, Governor in- Executive Council shall, .as soon, as possible
after the commencement of this Ordinance, make rules for the regulation
.and government of ,prisons, and for the duties end conduct of the
officers
.and other persons employed in prisons, and of the Visiting Justices, and_
Stt lteritlt:E'tl l;-
<tat to tlotit`y
laenalt.ies for
breaches of
the :3 preced-
iug seta ieatts.-
lI1qLt4'st ti) be
held oil 11
death ire Pri-
son; Cert.li tI
persot1.w tlia-
clnalified Frcau
serving asa
juror tit such
Nq11Gsts.
Yrot.retviorx of
persons
against acts
done uncleT
this orE1i-
Offence -
except
felonies to be
prosecuted
summarily
before a,
Magistrate.
Governor- io-
Council nia,yr,
make rides.
~.S're Osd. sl i~.
13 of 1889..j
(.xoW ntiur to
appoint v.isar_
ictg, jW flees.
;aE).Qrt1,.
t?[ - . Commence,
i t t rne.xiG'of
f~-~i 0 rekiuance
-'
i
~r
'ORDINANCE, ~o. _~_g of . zs85.
for the classification, diet, clothing, mvini,enance; employment,
discipline,.
instruction, and correction of prisoners, and for all other matters
relatin(r
to prisons, and may from time to tune repeal, ~ alter, or add to such
rules,
provided that such rules shall not be inconsistent with anything contained
,in this Ordinance. X11 such rules shall be published in the Government
Gazette, and shall from the date of such publication be winding on all
persons in the some manner as if they had been contained in this
Ordinance.
But every such rule or repeal or alteration of a rule may be disall.owed
by Her Majesty, and slYaIl thereupon cease to have effect from the date of
the publication of such disallowance in the Government Gazette. Until
rules shall have been made under this section the regulations for the
government of Victoria Gaol in force at the commencement of this
(Ordinance shall remain in force so far as they are not inconsistent with
anything contained in this Ordinance.
18. The Governor shall from time to time appoint, with their
consent, Justices of the Peace to be Visiting Justices for periods to be
specified in such appointments.
Visiting Justices shall, during the period for which they are hppointecl,
from time fo tune at frequent intervals visit, all prisons, and hear any
complaints which may be mode to theta 1>y the prisoners, and shall report
on any abuses within the prisons, or any repairs that may be required,
fLnd°shall further take cognisance of any matters of pressing necessity
and rfiithiri the powers of tlic~r co.mntission as Justices, and do such
acts
and perform such duties in, relation to prisons as they may be required
to,
do .or~perforrn by the Governor; but subject to the regulations with
respect-
to the duties of Visiting Justices to be made by the Governor in Executive
Council 'under this Ordinance.
19. Ordrbauces 4 of 1863 and 2 of 187$ are hereby repealed, and
sections 63 of U~rdinance 4 of 186, and aU of Ordinance G of 1865, and
95 of Ordinance 7 of 156, and 36 Qf Ordinance 10 of 1865 shall be.
construed as if ttiey~referred to this Ordinance and the regulations made
thereunder, instead of to section 15 of Ordinance 4 of 1x63.
20. This Ordinance shall coioe into operation on a day to be:
piroclaimed by the Governor.
~:~ faree from the Ist February, 1886, by- proclamation of the -30th
January, 1886. -
ORDIN &\'CF, So:: 18 aF 18.
Prison.
Riles and regulations for the management of the gaol at Victoria,
Hongkong, attd for
the guidance of its -officers; made by the Governor in Executive
Council, tender sec. 1 ?' of the Prison Ordinance,
1885, on the 21st and gazetted
the 31 st May, 1830.
1. The officers of the gaol shall be:-One Superintendent, one Surgeon,
and such
Chaplains and such subordinate officers as the Governor may from time to
time appoint:
The Superintendent shall reside in the prison. . ,
2. The Superintendent may punish any subordinate officer for misconduct,
or
neglect or breach of duty, by a fine not to exceed ten dollars, or by
degradation to a
lower rank and pay. Ha shall enter any such exercise of authority in his
journal, and
also in the officers' miseouduct~ book, and report the same without delay
to the
Governor. He may apply all fines to the general hood of the officers in
such nmnner
as may be approved by the Governor. .
3. The Superintendent may not grant more than one week's vacation or sick
leave
without authority from the Governor.
4. The Superintendent shall frequently test the quality and quantity of
the rat i0nq
supplied to the prisoners, and should any deficiency in either be'
discovered, he shall
note the same in his journal, call on the contractor to make it food,
and, if he consider
it necessary, report the same to the Governor. '
5. The Superintendent shall occasionally visit the prisoners at their
meals, and
shall enquire into any complaint that array be made to hire regarding
their food.
6. The Superintendent shall use his discretion in bringing to the notice
of the
Governor the case of any child of tender years whomay be sentenced to
imprisonment,
and carry out the Governor's instructions concerning such child.
7. The Superintendent shall use his best endeavours to assist in the
identification
of prisoners, and with that object shall furnish to the Police any
information in his
powers ,
8. The Superintendent shall, when present, invariably accompany the
Visitirin
Justices in their visits of inspection to the prison, shall inform them
of any prisoner
who wishes to s8e them, and shall otherwise assist them so far as he is
able. During
the inspection ,of the gaol either by Visiting Justices, or lay the
Governor or any other
officer of rank, the prisoners should Trot be taken off their usual work
or ordered 'to
stand at attention. Every facility, however, must be given to those who
wish to
communicate with the officers inspecting, and the Superintendent will see
that due
opportunities are provided.
9. The Superintendent shall take care that the notice board required by
Ordinance
to be placed in some conspicuous place outside.the prison, cautioning
persons against
4RI?INAXCE No.. 18 of 1385.
:Prism.
bringing spirits, opium, tobacco, money, letter, or other prohibited
articles into the
prison, is duly maintained.
14. The Saperintendent will, with the warden, enforce the highest
possible degree
of cleanliness in every part of the prison, in the persons of the
prisoners, their clothes-
and bedding, and see that the bedding and clothing are all in proper
repair.
11. The Superintendent shall deliver daily to the Surgeon a list of
prisoners in
solitary confinement, and of such as may have complained of sickness,
sores, or any other-
ailment, without any exception, whether he thinks such complaint
groundless or not:;.
also a list of prisoners who have recently suffered, or are- about to
suffer, corporal
punishment, or solitary confinement; and shall call his attention to any
case of insanity
or apparent insanity occurring ami>fig the prisoners.
12. The Superintendent shall take every precaution to prevent fire, or
the escape
of prisoners; and shall cause all the wards, cells, bolts, bars, and
locks of the gaol to
be thoroughly examined daily.
13. The Superintendent shall cause to be fully explained to every officer
his general
duties, and especially those required of him in case of fire, or in case
of any attempt to
escape made by either a single prisoner, or several in concert.
14. The Superintendent shall take proper and discreet means to ascertain
that no
visitors to prisoners bring into the Gaol anything not permitted by the
rules of the
gaol, or, in his opinion objectionable. To secure this as far as
possible, he will on no
account allow the employment of prisoners as servants by any officer of
the gaol.
lv. The Superintendent or, in his absence, the warded may, on reasonable
grounds.
of suspicion, require that visitors to prisoners be searched in his
presence, except in
the case of females, who shall be searched in a private room by the
matron. Should
such visitors refuse to be searched, or to give their names and
addresses, he may refuse,
'them admittance.
1.6. The Superintendent shall see that the proper number of prisoners
required by
the Surveyor General for the public works are sent out at the proper
time; with a
sufficient number of well-armed officers for their safe custody, and he
shall occasionally
visit them while at work. k ''
17. The Superintendent may permit any respectable person to view the gaol
at
reasonable hours; accompanied by an officer, who shall caution such.
visitor against
conversing with any prisoner.
18. The Superintendent shall pay attention to then ventilation, drainage,
.and
sanitary condition of the prison, and take such measures as may be
necessary for their
being maintained in perfect order; and with the Surgeon shall frequently
examine 'and
see that the washing places, baths, and closets are in efhciet working
order; and it
shall be the duty of every officer to report at once any defect by which
these arrange;-
Inents do not effect their proper object.
ORDINANCE ' ?.'o. 18 or `1'8$5.
19. The Superintendent shall visit prisoners in solitary confinement,
occasionally
visit the wards and- cells at night, and keep a general supervision over
the mark system.
20. The Superintendent shall hear the repcrts every day, at such an hour
as is
juost convenient, and shall take care that every prisoner having a
complaint to make,
or request to prefer to him, shall have ample facilities for doing so;
and be sball
rtldress any grievances, or take such steps as may seem necessary,
recording the same
in the prisoners' interview book.
21. The Superintendent shall forward to the Governor without delay any
report
or complaint which any officer of the prison may desire to make to him,
and shall
on no account suppress it; but he may offer any explanation with it which
may seem
to him requisite.
22. The Superintendent sball enforce the observance of silence throughout
the
prison, and prevent all intercourse or communication between the
prisoners, so far as
the formation and the conduct of the business of the prison or the labour
of the
prisoners will permit, and shall take care that all necessary and
unavoidable intercourse
or, communication between prisoners be conducted in such manner only as
be sball
from time to time direct. .
23. The Superintendent sball take care that no prisoner is subjected to
any
punishment which the Surgeon is not satisfied be is capable of
undergoing; and shall
see that the written recommendations of the Surgeon are attended to as to
the supply of
any additional bedding or clothing,- or alteration of diet for any
prisoner, or with
respect to any alteration of discipline or treatment in the case of any
prisoner whose
mind or body appears to require .it.
24. The Superintendent sball cause an inventory to be kept of all
clothing,
0
bedding, tools, furniture, &c., under his charge, which shall be verified
half-yearly;
and he shall satisfy himself of the correctness of the inventory, and
shall countersign
the same. All unserviceable and unrepairable articles at such times shall
be brought
forward for inspection, that they ma,y be.condemned and sold, or
otherwise disposed of.
25.' The Superintendent shall exercise his authority with firmness,
temper, and
humanity. His object should be not only to give full effect to the
sentence awarded
to the prisoners, but also to induce in ,them practical habits of
industry, regularity,
and good conduct ,
26. The Superintendent shall submit to the Governor, by the 1st of
February in
each year, an annual report of the prison for the previous year,
referring to all subjects
of interest, and giving a brief history of the prison.
27. The Superintendent shall enter in the Superintendent's order book:
all per-
m-tnent orders: which be' shall- issue relating to the manageiuent and
discipline of the
prison. ' -
ORDINANCE No.'18'wr;,1895.
Prison.
28. The Superintendent shall, a few days before the opening of the Supreme
Court, Sessions, on the occasion of prisoners who are committed for trial
being served
with the usual informations, ask each man if he wishes to call any
witnesses for his
defence, and shall at once inform the Police authorities in order that
such witnesses
defence, be if necessary summoned to appear at the sessions. The
Superintendent will
record this in his journal, stating the number of prisoners who have been
asked the
question, and their replies to it.
29. The Superintendent will be held responsible for the due _ discharge
of the
prisoners at the expiration of their sentences.
THE WARDEN.
30. The warden shall assist the Superintendent in his duties, acquaint
himself
with the rules and regulations of the prison, and see that they are
strictly carried out
1>y both the subordinate officers and prisoners.
31. The warden shall reside' in the prison, or at a place appointed by
the Gov-
ernor, and shall not absent himself from his quarters for a night without
the permission
of the Superintendent. He shall take charge of the gaol during the
temporary
absence of the Superintendent and shall not leave the gaol during such
absence; nor
during the presence of the Superintendent without his permission.
32. A deputy warden shall be appointed by the Superintendent to act during
tb.e absence of the warden, such deputy to have all the powers,
authorities, and
responsibilities of the warden, who shall, before leaving the gaol,
personally give
-over charge to the deputy, with all necessary instructions. .
33. The warden shall take ease that every prisoner on. admission is put
into a
reception cell and strictly searched, and that all knives, weapons,
instruments, money,
opium, tobacco, or anything foel)idden by the rules, or anything likely
to facilitate
escape, be taken-from such prisoner. As far as practicable no such search
shall tame
place in the presence of any other prisoner.
34. On the admission of each prisoner, it shall' be the duty of the
warden or
clerk to record in the gaol register or nominal record of prisoners, the
name,, age,
height, weight; features, particular marks and general appearance of such
prisoner,
with ,anything else worthy of notice.
35. The warden shall take care that all,_articles taken from prisoners,
with their
clothes and otter effects, and all finch throbs as may from time to time
be sent in on
the prisoner's account shall be entered in the Prisoner's Property Book,
with the date
of their receipt and restoration ; and that all such property shall be
kept in a suitable
place to be provided fur the purpose, and shall be restored to the
prisoner on his dis-
charge; except such clothes as it may be considered necessary to destroy,
or such
money or property, as the Governor may think fit-to confiscate; or to
allow the prisoner
to have to assist him in his defence on his trial.
ORDINANCE No.-18. ai 188.
36. Prisoners on entering will be carefully searched, and all money,
valuable s,
&c. found in their possession will be at once entered in thq 'Property
Book.'
37. The head turnkey on duty will, before prisoners are told off to
cells, &c.,
check the 'Property Book' and inform the prisoner of the description of
property
recorded. All money and valuables will then he handed over to the warden
to be
locked up. The head turnkey will initial the ' Property Book' as to the
correctness
of the entries, &c.
3$. The warden shall attend every corporal punishment inflicted within the
gaol, and enter in the Occurrence BOUk the day send hour of the
infliction of the
punishment, with the number of strokes, and the direction of the Surgeon
thereon.
39. The warden shall in no case inflict any punlshinent without the
orders of
the Superintendent of the gaol, or in the case of corporal punishment,
without a certi-
ficate personally given in writing by the Surgeon, that the person to be
punished is in
a fit state of health to receive the number of strokes awarded to him
without injury.
40. The warden shall take care that prisoners have au opportunity of
making
complaints or requests to him, and he shall either take steps to redress
any grievance,
or shall report the same to the Superintandent.
41. The warden shall take care that any prisoner who wishes to see the
Super-
intendent, or Visiting Justices shall have an opportunity of doing so.
42. The warden shall visit the workshops, yards, and corridors
frequently, and
see that the prisoners are kept at their work. He shall also occasionally
visit the
wards at an uncertain bour during the night, to ascertain that the
offices on duty are.
on the alert. He Shall diliently observe the behaviour of all subordinate
prison
officers and see that they strictly adhere to the rules, and shall report
immediately to~
the Superintendent at)y neglect or misconduct that i4,)ay come to his
knowledge.
43. The warden shall be responsible to the Superintendent that the
details of
duties connected with order and discipline of the gaol are carried out
with promptness.
and regularity, and in strict accordance with the regulations. He shall
also enforce
the gre~test economy.
44. The warden shall daily inspect every part of the prison, see that
every thing
is clean and in good order, and that the means of security in the
different yards, &c.,.
are effective. Ire shall pay special attention to prisoners in solitary
confinement.
He is to see that no ladders, planks, ropes, chains, or anything likely
to facilitate
escape are left exposed in the yards.
45. The warden shall superintend the parade of the working parties, and
shall
be careful that they are despatched to their labour with regularity and
without loss of
time. He will check their numbers on their departure from, and on their
return to
the prison, and will see that the good conduct marks earned by each
prisoner have
been communicated to him.
46. The warden shall superintend the3 isatsing Q£ ,ths. grisoners' meals;
shallaake
care that their clothing is in, proper repair, their. hair kept in good
order., and their
washing, shaving and bathing attended to.
47. The warden shall at once communicate to the Superintendent every cir-
cumstance which may came to his knowledge likely to affect the security,
health, or
discipline of the prisoners, efficiency of the subordinate officers, or
anything which
may in any way require his attention.
48. The warden shall take care that every article of food supplied for
the use of
the prisoners is sound and of good quality; and that the scales, weights,
and measures
in use in the prison for the issue and distribution of provisions,
stores, &(;., are accu-
rate and in proper order. ,
49. The warden shall not, directly or indirectly, have any interest in
any, contract
for the supply of the prison; nor shall he receive, under any pretence
whatever, any
fee or gratuity from' any person supplying or tendering supplies for the
prison.
50., The warden shall keep such books and accounts as may be prescribed
by the
Superintendent, and shall assist the Superintendent in keeping a correct
inventory of
all clothing, bedding, furniture, tools, and cooking utensils in the
prison.
51. The warden shall cause the whole of the prisoners to be counted twice
daily,
and satisfy hiruself that the number is. correct,
62. On -parading the officers both for day and night duty, the warden
will see
test, t$ey, are in all respects fit for, and properly acquainted with
their duties. He wil l
-also read to them any new orders from the Superintendent's Order Book.
5'3: The warden shall endeavour to exercise a sound moral influence ,
over both
the officers and prisoners placed under his supervision. He shall
restrain by his
authority, every tendency to oppression or undue harshness on the part of
the subordi-
nate officers, and likewise every tendency to levity, rudeness, and
insubordination on
the part~:of prisoners, and shall aim to raise the minds of the officers
to a sense of their
responsibility, and of the comfort arising from a conscientious discharge
of their
duties. .
54. The warden shall see that the keys are securely disposed of for the
night,
under such regulations as may be established by the Superintendent. He
shall see
that the rules relatin ; to visits to prisoners are carried out in a
proper manner. Such
visits shall take place in the presence of an ofHcer, and be recorded in
a book kept for
that purpose.
55.. The warden shall take care that no articles of clothing are issued
until they
have,beeu properly marked with the prison marks.
z ..- 56.. The warden shall, make a weekly, iuspection of the officers'
quarters,.and if
necessary report the result as to repairs, &c., being needed., .
ORDINANCE h'`o. 18. tar-18855.,
THE HEAD TURNKEYS.
57. The head turnkeys shall have assigned to them the immediate charge of
such prisoner, and such parts of the prison as the Superintendent or the
warden may,
direct, and shall be responsible for the maintenance of proper order and
discipline
.among such prisoners, and such portions of the prison.
58. The head turnkeys shall perform such duties as may from time to time
be
.prescribed by the Superintendent for the purpose of preventing
communication be-
tween the prisoners, and enforcing diligence, cleanliness, order, and
conformity to the
rules of the prison. Each shall in turn have charge of the prisoners on
the public
works, arid shall take particular care that the rules relating to the
management of
-such prisoners are carried out in their integrity.
59. Each head turnkey shall in turn perform duty at night, and shall take
charge
of the gaol under the Superintendent and warden; to whom he shall report
any event
of importance which may .happen during the night, and shall see that the
rules relating
to the officers on night duty are strictly enforced.
60. The head turnkeys shall see that the officers leave for and return
from their
meals punctually, reporting any breach of the rules in this respect.
61. The head tur ukeys shall see that- the prisofters are kept strictly
to their,
labour. They shall diligently observe the behaviour of all the
subordinate officers m.
well as of the prisoners, and see that all strictly adhere to the rules;
and shall report
immediately to the warden any neglect or wiscondact that may come to their
knowledge.
62. The head turnkeys shall especially attend to the carrying into effect
all
orders as to'be punishment to be inflicted on prisoners, and shall see
that those in soli.
tary confinement are provided with necessaries.
63. The head turnkeys shall frequently inspect every part, of the prison,
and
.ascertain that all locks, bars, bolts, and other means of security are
in good order, and.
that the prisoners have not in their possessiou any prohibited articles,
for which
purpose they may search the persons of the prisoners frequently; beading
in mind the
latter part of rule 31. They shall occasionally inspect the turnkeys'
quarters, water
closets, and all other places connected with the prison, and see that
they are kept in
proper order. They shall also see thatthe fire engine, fire pumps, and
egtincteurs
are, in good working order, and that the fire buckets are at all times
,kept filled with
water. They shall also see that the water-pipes and cocks, and those for
the supply of
gas, are in working order, and that no leakage exists:
64. ;Each head turnkey shall in turn superintend the unlocking and
assembling
-of the ;prisoners fQr their mor ping: meal, aid the mustering;
searching, and locking up
,.
in the evening. _. ,
'ORDINANCE No. ':18`cjv` 51.8$5:
Prison.
65. Each head turnkey shall in turn assist in-giving over charge of the
gaol to
the officer in charge of the night duties, and for that purpose shall
accompany him
round the gaol at 6 P.m., and shall see that all the locks are tried
throughout ' the
gaol, and that the keys are given over to him.
66. Each head turnkey shall in turn issue library books to the European
prisoners
weekly; taking care that the books are returned by the prisoners in
proper condition.
67. During the head turnkey's turn on Sunday duty lie shall on no account
leave
the gaol from 2 P.m. on Saturday, until 6 A.M. on the Monday following,
unless
permitted to leave for a short time by the warden; who shall during such
absence act
for him.
tendent.
68. Rule 49 shall apply to the head turnkeys equally with the warden.
THE MATRON.
69. The matron shall reside in the gaol, and be under the orders of the
Superin-
70. The matron shall carry out all the rules laid down for the direction
of the
warden as to male prisoners, so far as such rules are applicable to
female prisoners.
71. The matron shall be present at the distribution of food to the
prisoners ;
inspect every part of the female prison daily, see every prisoner at
least twice iu each
twenty-four hours, and shall at least once a week visit the ward at an
uncertain hour,
during the night.
72. The matron shall not b#e absent from the gaol without the permission
of the.
Superintendent, and when she obtains leave it shall be entered in her
journal.
73. The matron shall take care that no male officer or visitor enters the
division
of the prison allotted to females, unless accompauied by herself, or some
other female
officer.
74. The matron shall search female prisoners on admission, and as often
after-
wards as she thinks necessary; tend shall see that they are bathed, and
properly
clothed in. the prison dress.
75. In case of necessity, and with the sanction of the Superintendent,
the matron
may delegate her duties to the wife of an officer of the gaol, or some
other married
woman.
76. The matron shall keep in her possession the keys, of the cells and
wards of
the female prisoners, and the locks and keys of such cells and wards
shall be different
from those of the cells and wards of the male prisoners.
77.. The matron shall see that the wards, cells, and yards of the female
prisoners.
are kept scrupulously clean. She' shall pay special attention to female
prisoners in
.
solitary confinemeut.
ORDINANCE NO. '18 of l8s5.
THE PRISON OFFICERS.
78. All subordinate officers shall obey the commands of the
Superintendent in the
performance of their duties.
79. Subordinate officers shall thoruu(;hly acquaint themselves with thty
rules and
regulations of the gaol so as to be conversant with every detail ; they
shall frequently
examine the state of the cells, be&ling, locks, bolts, &c., and shall
seize all prohibited
articles, and deliver them to the Superintendent forthwith,
80. No subordinate officer is on any account to enter a prisoner's cell
at night,
unless accompanied by another officer.
81. Subordinate officers whose services are discontinued (except those
who are
temporarily engaged, who shall not have completed their probation, or who
shall be
dismissed for misconduct) shall be entitled to a month's notice or a
month's pay.
Those whose probation is not completed are entitled to only a week's
notice, or a week's
pay; or if they commit an offence meriting it they can be at once
discharged. Officers
who wish to resign their situation shall give a. month's notice.
82. No subordinate officer shall absent himself from the gaol without
permission
from the Superintendent, and when leaving the gaol he shall not carry his
keys or
book away with him.
83. Officers shall on no account leave their keys lying about; but shall
an leaving
their post deliver them to the officer appointed to receive them.
84. It is the duty of all officers, without exception, to treat the
prisoners with
kindness and humanity, to listen patiently to their complaints, to inform
the warden
of any prisoner who desires to see him or the Superintendent, and to be
firm in main=
taming order and discipline, and enforcing an observance of the rules of
the gaol.
85.Subordinate officers must not sit down or lounge about during their
turn of
duty; but must be always alert and watchful, keeping their faces towards
the prisoners
under their charge.
86. Subordinate officers shall examine the prisoners' clothing, and see
that it is at
all titues in proper repair. s
87. Subordinate officer`s are prohibited, on pain of dismissal; from
borrowing
money from the compradore.
88. No officer of the gaol shall be a bailiff nor be concerned in. any
trade or other
,occupation, his whole time is to be devoted to the service of the gaol.
89. All prism officers shall treat the Visiting Justices, Judges, Members
of the
council, and Magistrates wish courtesy and respect.
- 90. Any subordinate officer desiring to appeal.against any decision of
the Super-
intendent which affects him will state his complaint in writing, for the
consideration
,of -the Governor.
ORDINANCE Xo. I$ of 1885.
Prison.
91. It shall be the duty of every officer to direct the attention of the
Superintend-
ent to any prisoner who may appear to him not in health, although he may
not com-
plain, or whose state of mind may appear to him deserving of special
notice and care,
in order that the opinion and instructions of the Surgeon may be taken on
the case.
92. Any officer who shall be guilty of assaulting or otherwise molesting
any pri-
soner, either within or without the gaol walls, unless compelled to do so
in self-defence-
or for some other lawful purpose, shall be at once suspended with a view
to his dismissals.
and even if compelled to strike in self-defence, no unnecessary violence
should be used.
93. No subordinate officer, on any pretence whatever, through favour or
mistaken
tzotions of kindness, shall fail to make an immediate report to the
Superintendent, or
other his superior officer, of any misconduct or wilful disobedience of
the prison segu--
lations.
94. No subordinate officer shall unnecessarily converse with a prisoner,
nor allow
piny familiarity on the part of prisoners towards himself, or any other
officer of the
prison; nor shall he on any account speak of his duties, or of any
matters of diseipline
~~r prison arrangement, within hearing of the prisoners.
95. Every officer who shall, contrary to orders, bring in ' or carry out,
or know.
iazgly allow to be brought in or carried out, to or for any prisoner, any
money, clothing,
provisions, tobacco, letters, papers, or other articles whatsoever; ,or
shall give, or cause.
to, be given to any prisoner suelz articles; 'shall be forthwith
suspended from his office
by the Superintendent, who shall report his case to the -Governor that
the offender-
°nia:v~ be dealt with under sections 11 and 12 of the Prisons Ordinance.
So far as the exigencies of the service will permit, subordinate officers
shall be.
oalowed leave on Saturday afternoon after the prisoners are locked in
their cells, and
,on Sunday, Good Friday, Christmas Day, and Government holidays, and at
other- -
times when they can he spared.
97. Any officer, on entering the gaol service, must understand that he
may be
employed in any part of the Island, wheresoever it may seem fit to the
Governor to,
employ him.
98. No subordinate officer is to punish a prisoner, except when ordered
to do so
lay the Superintendent. ' .
99. Each subordinate officer will be considered on probation for the
first three
months of his service; his appointment will not be confirmed at tlfe
expiration o`
three months, unless the officer has proved himself in all respects
fitted for the post.
100. Officers are forbidden to smoke or chew tobacco while on duty, and
they
nzusVbe careful to leave no tobacco or money lying about within reach of
prisoners, or
in their clothes when being sent to be washed.
. .. Cpl; Every subordinate officer of the gaol who shawl fail to
exercise a proper-
vigilanoe~over the prisoners 'commattea to his charge, or to perform any
duty enforced
zapoii hire by the regulations of the prison, or shall wilfully or
carelessly disobey,..
ORDINANCE No: :Ii8 of 1895 . 1,916
Prison.
neglect or evade, or ptermit to be disobeyed, neglected, or evaded, any
rule, regulation,
or order, lawfully made and provided in respect of such gaol, shall be
liable to be
dealt with by the Superintendent under rule No. 2.
102. The subordinate officers are expected to conduct themselves in an
orderly
and respectable manner at all times when off duty.
108. When on duty subordinate officers will appear neatly dressed in the
uniform
of the gaol. Uniform will be supplied to them half-yearly, viz., two
suits white
summer clothing, with boots, helmet, and puggarees, in May; and one cloth
suit, with'
boots, and cap, in November. They will be supplied with an overcoat every
fourth
year.
104. Subordinate officers suspended from duty and afterwards restored to
their
situations shall not receive any pay, for the time during which they
shall have been
suspended, unless a particular order be given for that purpose by the
Governor.
105. All subordinate officers; on being relieved from any particular
duty, or
transferred to another part of the prison, shall point out to their
successors all matters
of special importance connected with their duties, and explain any
directions of the
Superintendent, or other superior officer, affecting any particular
prisoner.
106. Any subordinate officer disabled from the regular performance of his
-duties
by illness must report the same to the Colonial Surgeon, who will, if
necessary, order
his removal to the Government Civil Hospital; and during the time he is
there he will
be expected to conform to the rules of that establishment, and pay such
charges as
may be claimed for his maintenance and treatment.
107. All officers of the prison must be men of moral principle and
unblemished
character. Disreputable conduct, and especially intoxication, will be
visited, with
severity. 11
SURGEON.
108. The Surgeon shall have the medical charge of all the prisoners in
the gaol,
and ofyheir treatment when sick. He shall also give medical advice and
assistance,
including medicine, to the officers of the prison and their families. 'He
shall report
from time to time, as may be directed, upon the sanitary condition of the
prison, and
health of the prisoners and the prison officers, and in reference to any
other paint in
connection with the maintenance of health in the prison upon which he may
be directed
to report.
109. The Surgeon shall visit the gaol hospital every morning (and
oftener, if
necessary) and attend to both the complaining sick and those in hospital.
. He shall
inspect the 'newly admitted prisoners and pass them for hard labour or
otherwise.
He .shalh visit the punishment.cells, and see the prisoners confined
therein, as also all
prisoners before they are put on penal diet.
orders.
ORDINANCE No. 1S..ozr 1885.
110. The Surgeon shall attend without delay at the gaol at any hour on
being
summoned by the Superintendent, who shall be responsible for the
reasonableness of
the summons.
111. The Surgeon shall eryter in a journal to be kept in the gaol--
(a.) Any observations or suggestions he may deem it important to make ou
the diet of prisoners not.in hospital.
(b.) A short daily record of any sick prisoners under his treatment,
whether
they are in hospital or not; their names, nature of their complaints,
and the treatment pursued.
(c.) His orders for such additional articles of food or clothing as he may
deem necessary for the health of any prisoner not in hospital, and the
medical reasons for such orders. Such orders shall be entered in the
Superintendent's daily return, and submitted to His Excellency the
Governor.
112. The Surgeon shall visit prisoners in separate cells who have given
notice to
the Superintendent that they are unwell and wish to see the medical
officer.
113. No medicine, shall be administered to any prisoner without the
Surgeon's
114. The Surgeon shall regulate the hours of exercise and' o£ labour of
prisoners
out of health.
115. The Surgeon shall examine every prisoner on whom corporal punishment
is
about to be inflicted, before it takes place, and give a certificate of
his fitness to receive
it or not. He shall be in attendance whets such punishment is inflicted.
After such
punishment, he shall daily attend to and examine such prisoner, until his
person is
quite healed.
116. The Surgeon will examine the food provided for the prisoners, and
inspect
every prisoner weekly, and daily when epidemic disease exists in the
neighbourhood. ,
11'l. The S'urgeon is to give written directions for separating prisoners
having
infectious complaints, or suspected of having them; and for cleansing,
disinfecting, or
destroying any infected apparel or bedding.
11$. The Surgeon .shall report to the Superintendent the case of any,
prisoner
.about to be discharged who may be suffering front acute or dangerous
disease; in
which case the prisoner shall not be discharged, unless he demand it.
119. The hospital warders shall ,be under the immediate orders: ~ of the,
Surgeon;
end shallAbe present at such times, and perform such duties as he may
require from
them, consistently with their position in the gaol. j
ORDINANCE Nci: 9'~:oF='.38'95. . 1-91=
720. The Superintendent shall place at the disposal of the Surgeon well
conducted
prisoners, who can safely.be.entrusted with the d-uty of attending upon
the sick, n©t
exceeding in number one to every ten patients.
121. The Surgeon shall report to the Superintendent any irregularity, in
the gaol
hospital which may come to his knowledge, or any difficulty or obstr
uetion which he
may meet with in the performance of his duty.
122. The Surgeon is to examine all candidates for employment as
subordinate
officers or servants of the gaol, and report whether they possess the
necessary qualifica-
tions as to,health and strength.
128. The Surgeon shall tike care that all medicines and stimulants are
properly
locked up, and are not accessible to any prisoner ; and when there is no
paid dispenser,
lie shall issue day by day to the hospital warder all medicines and
stimulants to be
administered in his absence.
124. The Surgeon's Journal shall be laid before the Governor at least
once in
each quarter of the year, and he shall report at the same time on the
condition of the
prison and the health of the prisoners and officers recording any want of
cleanliness,
proper drainage, warmth, ventilation, or any insufficiency or bad quality
of bedding,
clothing, provisions or water.
125. -The Surgeon shad deliver to the Colonial Secretary, as soon as
possible
after the close of December in each year, a report in which shall be
detailed the
number of sick among the prisoners during the year just closed, the
mortality, the
sanitary condition of the gaol, and what diseases have been most
prevalent therein.
He shall point out any defects in the .construction or management of the
gaol to
which such sickness may be attributed, and also what precautions should
be taken to
prevent the same.
THE CHAPLAINS.
126. The Chaplains shall conduct divine service with the prisoners of
their res-
pective religions at least once on Sundays, and perform such other
offices as they may
think fit, and may, visit each of such prisoners in his or her cell as
often as they may
thin3c f t at reasonable times. To sick, dying, or condemned prisoners
they shall have
access at any time.
127. The same privileges shall be allowed to every recognised minister in
respect
of the prisoners of his own religion.
128. The Chaplains shall inform the Superintendent whenever they may
observe
the mind of any prisoner to be liable to be injuriously affected by any
punishment
awarded.
129. No prisoner shall be obliged to attend any service to which he may'
object on
religious grounds, unless in' the opinion of the Superintendent such
objection is
frivolous and vexatious:
ORDINANCE. No4 -18 op 1885:
.130. The Chaplains shall record their visits in' the Visitors' Book, and
shall notify
the times, of the celebration of the Holy Communion. Prisoners desiring
to com-
municate must signify their wish to them before the time appointed.
131. The Chaplains shall, in carrying out their duties, be careful not to
interfere
with the established rules and regulations of the prison, or the routine
of discipline
and labour.
132. The Chaplains shall confer with the Superintendent on all points
connected
with their duty, and they shall co-operate with him, and with the other
officials of the
prison, in promoting the good order of the establishment, so far as
concerns, the duties
of their office.
133. The Chaplains shall once a year present to the Governor a report of
such
points connected with their department as they may think it desirable to
bring
before him.
134. A. library shall be provided for the prisoners, consisting of such
books as
tray from time to time be approved of by the Chaplainssand sanctioned by
the
Governor.
THE VISITING- JUSTICES.
135. The gaoLshall be open to all Justices of the Peace.
136. Two Visiting Justices (one official and one non-official) shall, in
company if
possible, visit the gaol at least once a week, and on other, days when
their presence
may be required.
137. The Visiting Justices shall inspect the prison and prisoners, and
hear any
R
complaints which may be made to them by the prisoners, and shall report
on any
abuses within the prison, or any repairs which may be required ;
statements as to
which they shall enter in the Visiting Justices' Book, with any
suggestions or remarks
they may wish to bring to the notice of His Excellency the Governor as to
the state
and discipline of the gaol. They shall pay special attention to prisoners
in hospital
and solitary confinement.
138. If the Superintendent shall represent to them that he has, in case
of jargent
necessity, put a prisoner in irons, or under mechanical restraint, and
that it is neces-
sary that such prisoner should be kept in irons, or under mechanical
restraint for more
than twenty-four hours, the Visiting Justices may authorise such
detention by order
in writing, which shall specify the cause thereof, and the time during
which the
prisoner is to be kept in irons, or under mechanical restraint.
139. The Visiting Justices- shall inspect the diet of the prisoners, and
if they
shall find that the quality of any article does not fulfil the terms of
the contract they
shall note the fact in their book.
140; The Visiting Justices. shall also discharge such other duties as are
assigned
to them in the special rules for special classes of prisoners, and in the
general. rules.
ORDINANCE No. I8 OF 1885.
Prison.
SPECIAL RULES
for prisoners awaiting trial, those remanded from the Police Court, and
those
committed for the first time in default of finding security.
141. Such prisoners shall be kept apart from convicted prisoners and not
allowed
to see them at any time.
142. Such prisoners shall not be required to take a bath on reception,
if, on the
.application of the prisoner, the Superintendent shall decide that it is
unnecessary, or
the Surgeon shall state that it is for medical reasons unadvisable.
143. In order to prevent such prisoners front being contaminated by each
other,
.or endeavouring to defeat the ends of justice, they shall be kept
separate, so far as
the prison accommodation will allow, and shall not be permitted to
communicate
together.
144. The Visiting Justices or Superintendent before ;ranting any
permission
which by the following rules they are authorised or required to grant,
shall satisfy
themselves that it can be granted without interfering with the security,
good order,
and government of the prison and prisoners therein; and if, after it has
been granted,
its continuance seems lively to cause any such interference, or if the
prisoner has
abused such permission, or has been guilty of any misconduct, the
Visiting Justices
shall have power to suspend or withdraw such permission, and in like
circumstances
the Superintendent may. withdraw or suspend the same when it has been
granted by
himself, or suspend it when it has been granted by the Visiting Justices
if the case is
urgent, provided he report the case as soon as possible.
145. The Visiting Justices or the Superintendent shall, on the
application of any
such prisoner, if, having regard to his ordinary habits and condition of
life they think
such special provision should be made in respect toAhim, permit any such
prisoner-.-
1. To occupy a suitable room or cell specially fitted for such prisoners;
and
furnished with suitable bedding and other articles, in addition to, or
different from those furnished for ordinary cells.
2. To exercise separately, or with selected untried prisoners, if the
arrange-
ments and the construction of the prison permit it.
3. To have, at his own cost, the use of private furniture and utensils
suitable
to his ordinary habits, to be approved by the Superintendent.
4. To be relieved from performing any menial unaccustomed work.
146. The Superintendent nay modify the routine of the prison in regard to
any
-such prisoner, so far as to dispense.with any practice which, in. he
Superintendent's
opinion, is clearly unnecessary in the case of that particular prisoner.
147. Any such prisoner who prefers to. provide his own food for any meal
stall
dive: notice :thereof beforehand at the .time required; .but the
Superintendent.shall-not
ORDINANCE No'.- 18.' o-1883:
permit any such prisoner to receive any prison allowance of food for the
meal for
which he procures or receives food at his own expense. Such prisoners
shall also be
allowed to wear their own clothes if sufficient and fit for use.
148. Articles of food shall be received only at hours to be fixed from
time to time.
They shall be inspected by the officer of the gaol, and shall be subject
to such res-.
trictions as may be necessary to prevent luxury or waste.
149. No such prisoner shall, during twenty-four hours, receive or
purchase more
than one pint of malt liquor, or cider, or more that half a pint of wine.
150. No such prisoner shall be allowed to sell or transfer any article
whatsoever
allowed to be introduced for his use to any other prisoner.
151. Such prisoner shall not be compelled either to have his hair cut,
or, if he
usually wears his beard, &c., to shave, except on account of vermin or
dirt, or when
the Surgeon deems it necessary on the ground of health and cleanliness;
and the hair
of such prisoner shall -not be cut closer than may be uece Ary for the
purpose of
health and cleanliness.
152. The beds of such prisoners shall be made, and the rooms and yards in
their
occupation shall be swept and cleaned by themselves every morning subject
to rule
141. The furniture and utensils appropriated to their use shall be .kept
clean and
m'eatly arranged. They may be allowed the sane privileges as are by rule
173 accorded
to 1st class misdemeanants. Any sum earned by them will be paid to them
on their
discharge.
153. Every such prisoner shall be permitted to have supplied to him at
his own
expense such books, newspapers, or other means of occupation, other than
those fur-
nished by the prison, as are not, in the opinion of the Superintendent,
of an objec-
tionable kind.
154. Each such prisoner shall be permitted to be visited by one person,
or, if
circumstances permit, by two persons at the same time, for a quarter of
an hour on ,auy
week day, during such hours Eta may from time to time be appointed.
155. The Superintendent tnay in special cases permit the visit to be
prolonged,
and allow more titian two persons to visit the prisoner at one time.
-156. Every such prisoner shall at his request be allowed to see this
legal adviser
(a solicitor or his clerk) on any week day, at, any reasonable hour, and,
if required,
in private; but if necessary, in the view of an officer of the prison.
157. Any such prisoner who is in prison in default of bail shall be
permitted to
see any of his friends on any week day, at any reasonable hour, for the
bond, fade
purpose of providing' bail.
153. Such prisoners may send and receive letters at all reasonable times,
and
paper, with other writing materials, to such extent as map appear
reasonable to the
QRDI NAN CL No. 18 of 1$85:
.Prison.
.Superintendent, -shall be furnished to any such prisoner who requires it
for the purpose
of communicating with his friends, or preparing his defence. Any
confidential written
communication, prepared as instructions for ° a solicitor, way be
delivered personally
to him or his authorised clerk, without being previously examined by any
officer of the
prison; but all other written communications are to be considered as
letters, and are
not to be sent out of the prison without being previously inspected by
the Superintendent.
159. No such prisoner shall be compelled to attend any religious service
other
than his own; but subject to these provisions he shall attend divine
service on Sundays,
and on other days when such service is performed, unless prevented lay
illness, or
excused by the Superintendent for any other reasons.
169. Such prisoners shall also be subject to till general rules, except
so far as the
same are inconsistent with the special rules relating to such prisoners.
SPECIAL RULES FOR FIRST CLASS MISDEMEANANTS.
161. No person shall be placed in this division except as provided by
statute, or by
order of the Jud;e of Ccurt before whom lie is tried.
prisoners.
162. Such prisoner shall not be placed in association, or at exercise,
with criminal
163. ,Such prisoner shall not be required to take a bath on reception,
if, on the
application of the prisoner, the Superintendent shall decide that it is
unnecessary, or
if the Surgeon state that it is for medical reasons unadvisable.
164. Every such prisoner shall be searched only' by an officer specially
appointed
for the purpose. ,
165. Such prisoner shall be placed, as so0ii as possible after reception,
in a. cell
appropriated to prisoners, of his class, unless there ir, reason to
believe that he is suffer-
ing from some infectious disease, in which case he shall be detained in a
reception-cell
till he can be seen by the Surgeon.
166. Such prisoner shall at all times, except when at chapel or exercise,
occupy
the room or cell assigned to him. .
167. The Visiting Justices or Superintendent, before `L iantin any .
permission
which by the following rules they are authorised or required to grant,
shall satisfy
theriiselves that it, can be granted without interfering with the
security, good order,
and Government of the i)rison and prisoners therein; and if, after it has
been .ranted,
its continuance seems likely to cause any such interference, or if the
prisoner has abused
such permission, or has been guilty of `any misconduct, the Visiting
Justices shall, have
power to suspend or withdraw such permission, and in the like
circumstances the
:Superintendent may withdraw or suspend the same when it has been granted
by `himself,
:or suspend it when it has been, granted by the Visiting Justices if the
case is urgent,
provided he report the case_as soon as possible..
922
ORDINANCE No. 18 of -188.
168. The Visiting Justices or the Superintendent shall, on the`
application of any
such prisoner, if, having regard to his ordinary habits and condition of
life they think
such special provision should be made in respect to him, permit any such
prisoner-
1. To occupy a suitable room or cell specially fitted for such prisoners,
and
furnished with suitable bedding and other articles, in addition to, or
different from those furnished for ordinary cells. -
2. To have, at his own cost, the use of private furniture and utensils
suitable
to his ordinary habits, to be approved by the Superintendent.
3. To have, on payment of a small sum, to be fixed by the Visiting
Justices,
the assistance of some person to be appointed by the Superintendent, to
relieve hitn in the performance of any unaccustomed tasks or offices.
1,69. Such prisoner shall be permitted to supply his own food, on giving
due
notice beforehand at the time required; but the Superintendent shall not
permit such
prisoner to receive any prison allowance of food at any meal for which he
receives or
procures food at his own expense.
170. Articles of food shall be received only at such hours as may be
filed from
time to tune. They shall be inspected by the officers of the prison, and
shall be subject
to such restrictions as may be necessary to prevent luxury and waste.
1'T1. Any such prisoner shall not durina.twenty-four hours receive more
than one
pint o£ malt lidnor or cider, or if an adult half a pint of wine.
172. Such prisoner shall be permitted to wear his own clothing, provided
that it is
sufficient, and is fit for use.
173. No such prisoner shall be allowed to sell or transfer any article
whatsoeverr,
allowed toF be introduced for his use, to any other prisoner.
174. Such prisoner shall not be compelled, either to have his hair cut,
or, if he usually
wears his beard, &c., to shave, except on account of vermin or dirt, or
when the medical
ofdcer'deems it necessary on the ground of health and cleanliness, and
the hair of such
prisoner shall not be cut closer than may be necessary for the purpose of
health and
cleanliness. ~
175: The beds of such prisoners shall be made, and the rooms and yards in
their
occupation shall be swept and cleaned everymnorning. The furniture and
utensils
apprQpriatedto their use shall be kept clean and neatly, arranged. Should
atiy such
prisoner. object to perform any of these duties, they may be performed
for him as
t* Qteeny: Rule provided in rule 164.E
7 co 1
176. Such prisoner shall be permitted to have -supplied to him at his own
expense
such books, newspapers, or other means of occupation, other than those
furnished by
the prison, as are not, in the opinion of the Superintendent; of an
objectionable hind.
ORDINANCE 'No.. 18 :=o9 185.
177. .Such prisoners may be permitted, if the accommodation of the gaol
will allow,
to work at their respective trades and professions. Those who find their
own imple.
menu, and are not maintained at the expense of the prison, shall be
allowed to receive
the whole of their earnings; but the earnings of such as are furnished
with imple-
ments, or are maintained at the prison expense, shall be subject to a
deduction, to be
determined by the Visiting Justices, for the use of implements, and the
cost of main-
tenance.
178. Such prisoners shall be permitted to see their friends for a quarter
of an
hour on any week-day, during such hours as are appointed, they may also
send and
receive letters at all reasonable times, subject to rule 221.'
179. The place in which such prisoners receive their visits shall not be
the same
as that in which criminal prisoners receive their visits, if any other
suitable place can
conveniently be provided.
180. No such prisoner shall be compelled to attend any religious service
other
than his own; but, subject to these provisions, he shall attend Divine
Service on
Sundays, and on weekdays when such service is performed, unless prevented
by sick.
aces, or excused by the Superintendent for any other reasons.
181. Such prisoners shall be subject to nay general rules, except so far
as the same
are inconsistent with the special rules relating to such prisoners.
1.82. Such prisoners shall be allowed to smoke under such regulations as
may be
laid down by the Superintendent.
SPECIAL RULES FOR DEBTORS.
183. Debtors shall not be required to take a bath on reception, if, on
the applica-
tion of the prisoner, the Superintendent shall decide that it is
unnecessary, or if the
Surgeon shall state that it is for medical reasons unadvisable.
184. Debtors shall at all times, except when at Chapel or exercise,
occupy the cells
or rooms assigned to them.
185. The Superintendent, before granting any permission which 1-,,y the
following
rules he is authorised or required to grant, shall satisfy himself that
it can be granted
without interfering with the security, good order, and government of the
prison and
prisoners therein ; and if, after it has been granted, its continuance
seems likely to
cause any such interference, or if the prisoner has abused such
permission, or has been
guilty of any misconduct, he shall have power to suspend or withdraw such
permission.
186. Debtors shall be permitted to supply their own food, on giving due
notice
beforehand at the time required; but the Superintendent shall not permit
such pri-
soners to receive any prison allowance of food on any day, for which they
receive or
procure food at their own expense. . ' -
[* 774a iv/'vanre
=ippmrs to be a
ks: see t'2tk
1924
ORDINANCE No: 18 OF .185.
-Prison.
187. Articles of food shall be received only at such hours as may, be
fixed from
time to time. They shall be inspected by the officers of the prison, and
shall be subject
to such restrictions as may be necessary to prevent luxury or waste.
188. Any such prisoner shall not during twenty-four hours receive or
purchase
more than one pint of malt liquor or cider, or if an adult half a pint of
wine.
189. No such prisoner shall be allowed to sell or transfer any article
whatsoever,
allowed to be introduced for his use, to any other prisoner.
190. Such prisoner shall not be compelled, either to have his hair cut,
or, if he
usually wears his beard, &c., to shave, except on account of vermin or
dirt, or when
the medical officer deems it necessary on the ground of health and
cleanliness, and the
hair of such prisoner shall not be cut closer than may be necessary for
the purpose of
health and cleanliness.
191. The beds of such prisoners shall be made, and the rooms and yards in
their
occupation shall, be swept and cleaned by them every morning. The
furniture and
utensils appropriated to their use shall be kept clean and neatly
arranged by them.
192. Debtors may be permitted to work and follow their respective trades
and
professions, provided their employment does not interfere with the
regulations of the
gaol, a,nd~they will be permitted to have the whole of their earnings
after deducting
the cost of any irriplemenfs which may be supplied to them, and the cost
of their main-
tenance, if they are maintained at the expense of the prison.
193. No such prisoner shall he compelled to attend any religious service
other
than his own; but, subject to these provisions, ha shall attend Divine
Service on Sun-
days, and on week-days when such service is performed, unless prevented
by sickness,
or excused by the Superintendent for any other reasons.
194. The place in which such prisoners receive visits shall not be the
sameas that
in which criminal prisoners receive visits, if any other suitable place
can be conveni-
ently provided.
195. 'Debtors shall be permitted to exercise during such periods of the
day as the
circumstances of the prison will allow, and during the same periods they
shall 'be per-
mitted, it they'prefer it, to associate together in an orderly manner.
196.'Debtors shall be permitted to receive one visit, and also tonwrite
and receive
see Rule xss.) one letter in each week, subject to rule 221; * but they
may communicate with, and
receive visits from their friends and legal advisers at any reasonable
hour of the day,
for the purpose of arranging the payment of their debts.
197. Debtors shall also be subject to any general rules, except so far as
the same
are inconsistent with the special rules relating to debtors.
198. Debtors shall be allowed to smoke under such regulations as may be
laid
down by the, Superintendent.
ORDINANCE No. 18 of 1885.
GENERAL RULES.
ADMISSION AND XISCHARGE.
199. No prisoner shall be admitted to the gaol unless accompanied by a
warrant
for his detention.
200. All prisoners shall be searched, registered, and medically examined
on
admission.
201. Every prisoner shall take a bath, and be'shaved on reception, unless
it shall
be otherwise directed, in any particular case, by the Superintendent or
Surgeon.
202. If any prisoner is found to have any cutaneous disease, or to.be
infected with
-vermin, means shall be taken effectually to eradicate and destroy the
same.
203. Every prisoner shall be weighed on reception, and subsequently at
such
periods as the Superintendent and the Surgeon niay appoint, and the
result shall be
recorded in a book kept for the purpose.
204. Every prisoner may, if required for the purposes of justice, be
photographed
on reception and subsequently.
205. Such of the clothing, linen, and other articles belonging to
prisoners as may
be retained in the prison shall, if necessary, be washed, cleaned, or
disinfected, as soon
as possible after they are received.
206. Such clothing shall be made into a bundle, carefully labelled with
the name
of the owner, and placed in store,; any money or jewellery which the
prisoner may have
in his possession shall also be taken from hire and placed in safety
until his release
from gaol. A list of all his property is to be entered in a book kept for
that purpose,
which shall be under the superintendence of the warden.
207. As soon as possible after prisoners are admitted, the abstract of
the rules
relating to the conduct and treatment of prisoners shall be read over to
them; and such
abstract shall all also be read and explained weekly to the whole of the
prisoners.
208. Every prisoner shall have'a number assigned to him, which shall be
prefixed
to his dame in every register; such number shall also appear on the
breast of, his coat,
orb his towel, chopstick bag if a Chinese, and cap or hat.
209. Prisoner s whose discharge falls on Sunday shall be discharged on
the Saturday
preceding.
210. All prisoners sentenced to imprisonment for. one year or more with
hard
labour, shall be secured by fetters of a pattern to be approved by the
Governor. The
fetters shall weigh 3 lbs., and shall be secured to an iron ring on each
ankle, and the
chain suspended by a hook from the waist belt. .
211. All such prisoners shall wear fetters notwithstanding .their
employment on.
No. 1 penal or rigorous hard labour, and on No. 2 industrial hard labour;
and if any
18' 4YJS9.1:
such prisoners are ordered by the Surgeon to industrial light labour they
shall not on
that account have their fetters removed, unless specially recommended by
the Surgeon
.
on medical grounds.
` 212. No such prisoners shall be employed on industrial light labour
unless their
conduct has been fairly good, and prisoners of good character only shall
be employed
on industrial light labour of the kinds mentioned in rule 266 No. 3 of
the rules and
regulations made by the Governor in Council under section 17 of The
Prison Ordinance
1885, and dated the 17th December,~1887, * and when so employed many have
their
fetters removed, if they interfere with the prisoner's work.
1 213. ,All prisoners mentioned in the first rule when employed on
industrial light
labour of any other description shall wear fetters until they have earned
a, good
character.
214. All such prisoners, when exempted from wearing fetters on any of the
grounds
aforesaid, shall on misconducting themselves, and being awarded prison
punishment,
again be placed in fetters and,not released therefrom until they have
regained a good.
character.
215. A prisoner shall be considered of good character who has not for
three con-
secutive months been guilty of any prison offence, but a trivial offence
for which a
prisoner has been cautioned or admonished but not punished, shall not be
taken into
account in considering the good character of the prisoner.
216. Prisoners sentenced to less than one year's imprisonment with hard
labour
shall wear an iron ring on one ankle without other fetters.
217. All prisoners convicted of returning from banishment shall wear
fetters
during the whole period of their imprisonment.
CLEANLINESS.
218. The weekly shaving of the Chinese ,prisoners shall be done according
to such
regulations as shall be established from time to time. The razors shall
be always under
the charge of the officer of the ward or yard, and he shall take care
they are withdrawn
immediately the prisoners have finished them. Prisoners of very filthy
habits are to
be brought to the notice of the Superintendent.
219. The queues of Chinese prisoners sentenced to penal servitude may be
cutoff,
and their hair kept cut close until within six ninths of their release ;
the queues may
also be cut off short-sentenced prisoners if the Surgeon should consider
it necessary for
the purpose of health or cleanliness ; but such prisoner shall be allowed
to appeal. to
the Governor against it. No queue is to be cut under any circumstances
without the
special permission of the Governor.
*NOTE.- The reference to the rules of the 17th December, 1887, aypcare.to
be a mistake: see
Me 281 No. 8. of. these rules,.
QRDI NAN-:E. No. 1 8 OF 1 8$a.
220. The hair-of European prisoners shall be cut to such moderate length
as health
or cleanliness may require.
221. Every prisoner shall wash his face and hands daily, and shall take a
bath
once a week.
222. Prisoners shall keep their cells, utensils, clothing, and Bedding
clean and
neatly arranged; and shall clean and sweep the yards, passages, and all
other parts of
the prison as may be directed.
CLOTAINC;, BEDDING, FOOD.
223. The whole of the Chinese prisoners' clothing, and the under-clothing
of the
European prisoners shall be changed weekly.
224. Every prisoner stall sleep in a cell by himself, if the
accommodation of the
gaol will permit it, or, under special circumstances, in a cell with not
fewer than two
other prisoners.
225. The clothing of prisoners sentenced to penal servitude may be given
to their
friends, with the exception of one suit, which will be sold or otherwise
disposed of by,
the Superintendent, in order to recoup the Government for the expense of
providing a
suitable suit of clothes for the prisoner on his discharge.
226. Such additional clothing and bedding may be issued, during severe
weather,
or in special cases, as the Surgeon may deem requisite.
227. A prisoner who has any complaint to make regarding the diet
furnished tp
him, or who wishes his diet to be weighed to ascertain whether he is
supplied with the
authorised quantity, must make his request immediately it is handed to
him, `and it
will be weighed in his presence, and in that of the officer deputed for
that purpose;
but frequent and groundless complaints will be treated as breaches of
gaol discipline
-and punished accordingly.
228. For not more than ten days in each month, for the first six months
of his
imprisonment, each European and American prisoner shall be fed on penal
diet, viz.,
bread and water, with half a pound of rice at midday, and for Chinese and
-Indians
rice ant water only.
14
229. The days on which a prisoner will be on penal diet will not be
continuous,
but divided into ,periods of not more than five days at a time, and no
prisoner on penal
diet will be put to hard labour. °
230. As regards the food of Indian prisoners, the best possible
arrangement is to
be wade, so that they may, not be forced to choose between lose of food
and loss of
caste.
231. European and American prisoners whose sentences do not exceed five
days
will be put on penal diet, those with sentences -of six to fourteen days
will receive two
dints of gruel daily in .addition:
ORDINANCE No.'18 OF 1885.
232. Till-further order reduced penal diet is to be supplied to : -- .
1st. Felons, whom the Superintendent may have reasonable grounds for
supposing to have been previously imprisoned for felony.
2nd. Chinese and India-n prisoners sentenced to fourteen days and under ;
and
3rd. Prisoners who may be reported for breaches of gaol regulations (at
tare
discretion of the Superintendent).
CLASSIFICATION.
233. Prisoners will be classified for location, and the classes will be
kept separate
,from each other so far as the accommodation of the gaol will permit, as
follows:-
(1.) Males,--- '
Hard labour prisoners: First conviction.
Ditto. With two or more convictions.
Prisoners unable to find security for their good behaviour.
Prisoners confined as suspicious or dangerous characters.
Debtors and first class misdemeanants.
On remand and waiting trial: First conviction.
Ori4,remand and waiting trial: With two or more convictions.
Prisoners sentenced to short terms of imprisonment, not exceeding fourteen
days. First conviction.
Prisoners sentenced to short terns of imprisonment, not exceeding fourteen
days: With two or more convictions. _
Boys under sixteen gears of age: First canviction.
Boys under sixteen years o£ age: With two or more convictions.
(2) .I'errtales,-
Hard labour prisoners: First conviction.
Ditto. With two or more convictions.
Prisoners unable to find security for their.good behaviour.
Prisoners confined as suspicious or dangerous characters.
Debtors and first class misdemeanants.
On remand and waiting trial: First conviction.
On remand, and waiting trial: With two or more convictions.
.Prisoners sentenced to short terms of imprisonment, not exceeding
fourteen
days: First conviction.
Prisoners sentenced to short terms of imprisonment,, not exeeedinb
fourteeri
days: With two or more convictions.
Girls under sixteen years of age: First conviction.
Girls under sixteen years of age: With two or more convictions.
ORDINANCE No. 18 oF 1880'.
Prison.
All officers of the prison, must, as far as lies in their power,
endeavour to carry
out this rule, bearing in mind that the object of classification is to
prevent the
contamination by depraved prisoners of prisoners not so depraved; and to
attempt to
ensure that a prisoner shall go out of prison not worse than he came in.
VISITS AND COMMUNICATIONS TO PRISONERS, &C.
234. Convicted prisoners, with the exception of those heretofore
mentioned, after
they have served the first three months, wilt be permitted to write and
receive one
letter every three months; but the Superintendent may permit any prisoner
to write
a special letter, or to see his friends, immediately after conviction, if
for the purpose o£
making arrangements respecting his property, ~~,c.
235. All letters to and from prisoners are to be avail by the
Superintendent, and
shall be forwarded 'or kept back according to the nature of their
contents. Events o£
importance to prisoners may be communicated to them at any period by tbe
Super-
intendent.
236. The privilege of writing and receiving lvttera may be postponed or
forfeited
by misconduct, if so ordered by the Superintendent; but no such order
shall be made
for a period longer than one month from the time of the prisoner's last
report.
237. Convicted prisoners, with the exception of those heretofore
mentioned, shill
be allowed, after the first three months, to see their relations or
friends once in three
months, unless such visits are prohibited by the Superintendent for
misconduct; but
no prohibition shall be made for a period longer than one month from the
time of the
prisoner's last report.
23$. The days and hours for visits to the prisoners shah be fixed by the
Superin-
tendent, and shall be publicly notified at the gates of the prison.
239. If any.prisoner is committed to prison in default of the payment of
any sum
which, in pursuance of any conviction or order, he is required to pay,
such prisoner
shall be allowed to communicate by letter with and to see any of his
friends at any
reasonable time, for the bona fide purpose of providing for the payment
which would
procure his release from prison.
240. In case of very serious illness prisoners will be allowed to see
their relations,
if not objected to on medical grounds.
241. The visits of prisoners' friends will in no case be allowed to
exceed fifteen
minutes, and will always be made in the presence of an officer of the
prison.
242. Officers of Police may visit prisoners for the purpose of
identification, on
production of an order from the Police, or with magisterial authority.
243. Officers of the law, with competent warrants, or orders for serving
writs or
other .legal process on persons within the prison, shall be admitted into
the prison for
that purpose.
1
Prima.
244. All prisoners may petition the Governor once shortly after
conviction if they
wish, but not afterwards unless there are any special circumstances-
which the Superin-
tandem may consider should be brought to the notice of the Governor, or
unless such,
prisoner has been over one year in gaol.
245. No visitor shall be admitted until he has given his name and
address, and
stated his relationship to or connection with the prisoner he wishes to
see, if any; and
these particulars shall be duly recorded.
246. No visits shall be made on a Sunday except in cases of emergency.
247. Prisoners sentenced to penal servitude who hays served two years,
and are
six months clear of report, may receive a visit every two months, and
write and receive-
one letter every two months.
248. The prisoners shall be locked in their cells, at the discretion of
the Superin-
tendent, on Sundays and other days when they are doing no labour; care
being taken
that they have at least one hour's exercise daily.
249. Prisoners sentenced to fourteen days and under will be locked in
their cells
during the whole of their sentence, with the exception of one hour's
daily exorcise.
250. Prisoners detained as dan;erous or suspicious characters, with
previous con-
victions, who cannot find security, shall be locked in their coos. They
shall keep their
cells and cell utensils perfectly clean at all tithes, and shall have one
hour exercise
daily.
251. Male and female prisoners shall always be so confined as to prevent
the
former from seeing, conversing with, or holding any intercourse with the
latter. .
252. A light shall be kept burning constantly throughout the night in
every
wand or division of the gaol in which prisoners shall be confined, but
such light shall
not be placed within reach of the prisoners.
253. No male subordinate officer shall enter the women's prison, unless
ordered
there specially by the Superintendent or warden, or summoned by the
matron for the
purpose of quelling a disturbance, or of giving other assistance.
254. So far as practicable, female prisoners shall be divided hato
classes, and
separated similarly to the male prisoners.
255. They s)aall beep their cells, yard, and wards perfectly clean at all
times.
256. Authorised interviews between female prisoners and their friends
must take
place in the presence of the matron or other officer of the prison.
257. Female prisoners shall be employed at No. 2 hard labour with regard
to
washing their own clothes, and at No. 3 light labour..
ORDINANCE No. 18 of 1883'.
Prison.
268. The child of a female prisoner may be received into prison with its
mother,
provided it is at the breast; and any such child shall not be taken from
its mother
until the Surgeon certifies that it is in a fit condition to be removed.
259. Such child may be supplied with such diet and clothing as may be
necessary,
at the public expense; but, except under special circumstances, no such
child shall be
kept in prison after it has arrived at the age of twelve months.
PRISONERS UNDER SENTENCE OF DEATH.
260. In all cases when sentence of death has been passed on a prisoner,
the warden
shall cause him to be thoroughly searched, and shall remove from him any
article which
it is considered dangerous or inexpedient for him to retain in his
possession.
261. Every prisoner sentenced to death shall be confined in some safe
place within
the prison, apart from all other prisoners, and shall be placed under the
constant
charge and observation of an officer of the prison, both by day and night.
262. The cell or room i1i which a prisoner condemned to death is placed
shall be
previously examined by the Superintendent, who is to satisfy himself of
its fitness and
safety, and record the result of his examination in his journal.
263. The prisoner may be visited by his relations, friends, and legal
advisers, at
his own request; no other person shall have access to him except the
officers of the
gaol, and, if required by him, a minister of the religion to which the
prisoner belongs.
264. All executions are to take place at the tine appointed by the
Governor. The
Superintendent of the gaol will be present and superintend every
execution.
266. If any person make it appear to a Justice of the Peace that he has
important
business to transact with the prisoner, such Justice May grunt permission
in writing to
such person to have a conference with the prisoner.
266. During the preparation for an execution, and the time.of the
execution; no
person shall enter the prison who is not legally entitled to do so,
unless in pursuance
of an rorder in writing from the Superintendent. The officers
superintending the
execution shall, if possible, be decently clothed in black.-
PRISON OFFENCES AND PUNISHMENTS.
26'7. No prisoner shall b© punished under the provisions of the Prisons
Ordinance
of 18$5, either by the Superintendent or by the Superintendent in
conjunction with a
Visiting Justice, until be has had an opportunity of hearing the charges
and evidence
against him, and of making his defence. ,
. 268. Prisoners are bound to obey the orders o£ the; Superintendent,
warden, and
of the subordinate officers who shall be placed over their from time to
time.
ORDIX'ANCE No. 18 of 1885:
Prison.
269. Prisoners are strictly forbidden to have in possesfiion, or to
attempt, to
receive money, tobacco, opium, flint, steel, iron, implements, string,
immoral books,
or any articles not allowed to them by the rules of the prison, or
permitted by the
Superintendent, and they are not to conceal any articles of food about
their persons,
or in any ward or cell.
270. No punishment or privation of any kind shall be awarded except by the
Superintendent or by' the Superintendent in conjunction with a Visiting
Justice.
271. The following acts are declared to be offences against prison
discipline:-
, , 1. Disobedience of the regulations of the prison by any prisoner.
2. Common assault by one prisoner on another.
3. Profane cursing and swearing, and obscene language by any prisoner.
4. Indecent behaviour by any prisoner.
5. Insulting or threatening language by any prisoner, to any officer or
pri-
soner.
6. Idleness or negligence at work by any convicted criminal prisoner.
7. Wilful mismanagement of work by any convicted criminal prisoner.
8. Disorderly conduct by any prisoner.
272. All the above acts are declared to be offences against prison
discipline, and
it shall be lawful for the Superintendent to examine any prisoner
touching such offences,
and to punish them by ordering any offender to be kept in a
punishment-cell for not
more than three days, on bread; or rice and water, or he may deprive a
prisoner of his
,pork for not more than four meals at one time,
273. The Superintendent may deprive any prisoner of his evening meal for
persistent and aggravated idleness, or refusal to labour.
274. The Superintendent ma-, restrain in cross irons often lbs. weight,,
or less, or
in handcuffs, any disorderly or violent prisoner for not longer than
twenty-four hours
at one time; if a longer period than twenty-four hours is required
awritten order must
'be obtained from one of the Visiting Justices for the week, who shall at
once attend
and investigate the case. In case of emergency however the Superintendent
may on
his own responsibility impose the restraints provided by this rule for
such peiiod as
may seem necessary, obtaining''the presence of one of ~ the Visiting
Justices for the
week as soon as possible. The order of such Justice, made on
investigation of the
case, shall indemnify the Superintendent.
275. If any male prisoner is guilty of any of the following offences,
viz. :--
Mutiny or open incitement to mutiny in the prison, personal violence to
any
officer of the prison, aggravated or repeated assault on a fellow
prisoner,-
ropetition of threatening language to any officer or prisoner, and any act
of insubordination requiring to be suppressed by extraordinary means,
the Superinten - ~~'''t shall have the power to sentence the said
prisoner to
corporal punishment not to exceed twelve strokes of the rattan.
ORDINANCE 'No. '18 OF'1885.
It shall be the duty-of the Superintendent to report at once to the
Governor
every case of his exercising the power conferred on him by this section.
276. If any criminal prisoner is guilty of any offence, or of a breach of
gaol
regulations or discipline, for the due punishment of which the
Superintendent of the
;aol may deem the powers vested in him insufficient, it shall be lawful
for such Super-
intendent, in conjunction with a Visiting Justice, after enquiry, to
punish such prisoner
by close or solitary confinement on bread, or rice and water, for a
period not exceeding
fourteen days or in the case of a male prisoner, by personal correction
not exceeding
thirty-six strokes if an adult, nor twelve if a juvenile.
s 277. No dietary punishment shall ho inflicted.on any prisoner, nor
shall he be
placed in a pun ish;nent-cell, nor shall corporal punishment be inflicted
on him, unless
the Surgeon shall certify that such prisoner is in a fit condition of
health to undergo
such punishment.
278. The following offences committed by male prisoners will render them
liable to
corporal punishment-
lst. Mutiny, or open incitement to mutiny in the prison ; personal
violence to
any officer o£ the prison; ao~ravated or repeated assault on a fellow pri-
souer ; repetition.: of insulting, or threatening language to any officer
or
prisoner.
2nd. Wilfully and maliciously breaking the prison windows, or otherwise de-
stroying the prison property.
3rd. When under punishment, wilfully making a disturbance tending to inter-
rupt the order and discipline of the prison, and any .other act of gross
mis-
conduct, or insubordination, requiring to be suppressed by extraordinary
means.
279. Corporal punishment shall be inflicted on the breech, with a rattan
o£ a pattern
to be approved by the Governor on the recommendation of the medical
officer.
2~0. No prisoner who shall be sentenced to solitary confinement by any
Court will
be kept in such confinement more than seven days without an interval
of,~one day out.
EMPLOYMENT OF PRISONERS.
CLessES OF LABOUR.
281. NO. 1.~--Penal or rigorous hard labour.
(1.) Shot drill and stone carrying in alternate spells of half an hour
each,
weight of shot 24 tbs., weight of stone 45 rids.
(2.) Crank labour in a separate cell, ttzsk,,12; ?vf~'~ ~ evolutions
daily, (121bs, test).
(3.) Treadvvheel.
ORDINANCE No. IS. or 1885:
No. 2.-Industrial hard labour.
(1.) Employment on public works outside the gaol. Crank labour in a
separate
cell, task, 10,500 revolutions daily, (12 ibs. test).
(2.) Combinations of shot drill and oakum picking, 4 lb-
Combinations of stone carrying and oakum picking, 4 lb.
Combinations of crank labour 6,000 rev. (12 tbs. test), oakurii
picking, I lb.
(3.) Washing clothes in the gaol, making coir matting and heavy coir mats.
No. 3.-Industrial light labour.
(l.) Ironing and mangling clothes.
(2.) Making frame, coir, and grass mats.
.
(3.) Carpentry, Coopering, Tinsmith's work.
(4.) Tailoring, Cooking, Cleaning, Printing, Hospital Attendance, &c.
(5.) Oakum picking (l j, lb.).
PENAL SERVITUDE PRISONERS.
282. Where separate confinement is not possible, prisoners sentenced to
penal
servitude * will pass the first six Months of their imprisonment at No. 1
penal labour, ,after
which they will be employed for the remainder of their imprisonment
at-'No. 2 industrial
hard labour, either inside or outside the gaol ; but principally on
public works. '
283. Prisoners sentenced to penal servitude *' whom the Surgeon excuses
will be
omployed on industrial hard or light labour as he may direct.
HARD LABOUR PRISONERS.
284. Every male prisoner of sixteen years of age and upwards whose
sentence is
three months hard labour and under, but more than fourteen days, shall
pass the whole of
his imprisonment at No. 1 penal labour.
285. Every male prisoner of sixteen years of age and upwards sentenced to
hard
labour shall be kept at No. 1 penal labour for the first three months of
his sentenct. At
the expiration or that term he shall, if he has conducted himself fairly
well, be placed at
No. 2 industrial hard labour.
04
286. Every male prisoner under the age of sixteen years sentenced to hard
labour
shall be kept for the first three months of his sentence at No. 2 hard
labour.
287. When a prisoner sentenced to hard labour has been three months at
No. 2
industrial bard labour, he shall, if his conduct has been good, be placed
at No. 3 industrial
light labour.
288. All hard labour prisx~ ' s who shall be excused by the Surgeon will
be employed
~v
at either industrial hard or light labour as he may, direct.
ORDINANCE No. 18 op 1885.
289. European prisoners will not be employed at stone carrying, but will
perform
the combination of shot drill and oakum picking instead.
299. If a male prisoner shall misconduct himself, the Superintendent may
either
keep him at No. L penal labour for any extra term not exceeding three
months at any
one time, or he may send him back from the second class or third class
for the same term
291. The hours of labour will not be less than six or more than ten
daily, exclusive
of meals.
292. No work shall be done beyond what is necessary on Sunday, Good Friday
Christmas Day, or Chinese New Year's Day.
293. Jewish prisoners shall not be compelled to work on Saturdays if they
claim
exemption, but shall be kept in separate confinement on that day and
Sunday. They
may also keep such other festival days as may be from time to time
allowed by the
Governor.
294. Indian prisoners are not to be put to any lal)our which may really
cause then-I
loss of caste.
295. Convicted criminal prisoners not sentenced to hard labour wilt be
emyloyed at
No. 3 light labour.
296. As soon as the gaol accommodation shall pel'mjt of it, prisoners
committed
to gaol for breaches of nasal and military discipline shall be 'kept
separate from civil
prisoners.
RULES FOR THE MANAGEMENT OF PRISONERS
ON PUBLIC WORKS.
PRISONERS.
297. The prisoners shall be divided into parties not exceeding sixteen
men and
each party shall be known by a number.
298. Each party shall be under the charge of an assistant turnkey armed
with a
short sword for his defence, who shall have the number of his party oii a
badge affixed
to.his left arm ; and the whole .of the parties shall be under the charge
of a head
turnkey armed with sword and revolver, who shall be assisted by a turnkey
armed in
the same manner.
299. The prisoners will work in coupling chains of about twelve feet
long, fastened
by means of anklets and padlocks.
000. If the work is near the gaol, the prisoners shall be marched in to
their mid-
day, (meal at noon, but if at too great a distance from to gaol, the meal
will be sent to
them.
ORDINANCE No.. 18 of
Prison.
341. The prisoners will breakfast at about 6.20 A.m., and leave the gaol
for their
work at about 7 A.m., rest one hour for their mid-day, meal from 12 to 1,
and knock off,
work in the afternoon so as to reach the gaol at v P.m. (nine hours
daily, including
marching in and out).
302. On Saturdays; the prisoners will work until noon.
303. Their mil-day meal will consist of 1.2 pint of rice congee thickened
with
cheap meat.
304. Any prisoner with a longer sentence than eight years may be kept at
work
within the prison until he bas served one-third of such sentence.
OFF ICER,s.
305. In addition to the head turnkey in charge of the prisoners, the
turnkey to
assist him, and the assistant turnkeys in direct charge of the parties,
three or four
Sikh guards shall ,be posted in conspicuous ,positions round the works,
armed with,
loaded rifles, to prevent escapes.
806. The head turnkey will be continually on the alert during the day,
repeatedly
visiting the parties in his charge, and ascertaining that all is correct
or otherwise. He
will take discreet measures to prevent the escape of prisoners, and to
effect their recap-
ture if they are successful in escaping. He will carefully observe the
officers under his
charge, and report weekly to the Superintendent of the Gaol on their
efficiency in the
management of their parties. He will enter in a book the number of
parties, number
of prisoners, and the names of the officers under his charge, with the
mine of the
district where working, and the description of labour. He will be
responsible to the
Surveyor General for all the tools used by the prisoners. He shall on no
account
allow people to loiter near the prisoners while at work, or to converse
with the officers.-
307. The turnkey shall consider himself to be under the command of the
head
turnkey, and shall assist him in the performance of his duties. He shall
move about
contiumilly among the parties, kdeping a watchful eye oil both officers
and prisoners:
When heeded he shall take charge of detached parties, and shall at such
tiines use
great discretion in the disposal of his officers so as to prevent the
escape of any prisoners,
remembering that their safe custody should be his first care.
308. The assistant turnkeys in charge of parties must remember always
that the
safe custody of the prisoners is their first care. They shall therefore
place themselves
when on the works so as at all times to command a good view of their men;
they shall
repeatedly count their prisoners during the day, and never turn their
backs toward
them, and shall on no account use a spade, pick, or any other tool, so as
to place them.
,selves at a disadvantage with regard to the prisoners.
309. The assistant turnkeys shall be careful to ascertain that the
anklets, chains,
and padlocks are in proper order, and shall minutely examine them before
leaving the
gaol, when knocking off work=for the mid-day meal, and before returning
to the-gaol
in the evening. _
ORDINANCE No. 18 oF. 1885.
310. In the event of a prisoner's attempting to escape, the officer in
charge of his
party will blow his whistle to attract the attention of the other
officers, and will then
fall-in the remaining prisoners of his party and await instructions from
the head
turnkey.
311. The head turnkey, the turnkey, and the Sikh guards will not fire at
an escap-
ing prisoner unless his escape cannot be prevented by any other means;
and even then
will only endeavour to disable him, remembering that loss of life is to
be avoided if
possible.
312. The assistant turnkeys will keep a book in which they will elder the
numbers,
names, and sentences of the prisoners of their respective parties, making
special re-
marks as to the industry of each prisoner, and they will be responsible
to the head
turnkey for the tools used by their parties.
REMISSION OF SENTENCES, AND REWARDS UNDER THE MARK SYSTEM.
313. The time which every prisoner with a sentence of twelve months and
upwards
must pass in prison will be represented by a certain number of marks,
which he must
earn by actual labour perforwed before he can be discharged.
314. No remission will be granted for conduct. It is only on condition of
good
conduct and strict obedience that prisoners are allowed to earn by their
industry a
remission of a portion of their sentence. If, therefore, their conduct be
indifferent or
bad, they will be liable to be fined a certain number of marks, according
to the nature
and degree of the offence, and will then forfeit by misconduct the
remission which they
have earned by their industry.
315. The marks will be given according to the following scale---
(a.) 6 marks a day for zealous and steady 'hard laboilr.
(b.) 5 marks for a less degree of industry.
(c.) 4 marks for a moderate day's work.
316. The prisoner's marks will commence at the termination of the penal
stage.
317. On the admission of a prisoner with a sentence of twelve months and
up-
wards, such sentence will be reduced to days, which will be multiplied by
four, thin
giving the number of marks he is compelled to earn before his,diseharge;
thus, take
the twelve months sentence, 365 days multiplied by four will give 1,460,
the number of
marks he must earn-at the rate of four a day to complete the whole of his
sentence.
318. If by his industry the prisoner gains fix marks a day, and does foot
lose any,
for misconduct, ye earns the full remission of one-third allowed by the
Governor.
319. On Sundays marks will be allowed for conduct alone. Except under
special
circumstances where injury has accidentally resulted while on prison
work, a prisoner
will get only five marks a day during the time he is in hospital.
Prisoners on light
labour by order of the Surgeon will not get more than five mnarks~a day.
320. Prisoners who by their misconduct forfeit the whole of their
remission, will
be liable to be kept in separate confinement during the last 6 months of
their sentence.
321. The prison officers will be supplied with books in which they will
outer each
.evening the marks each prisoner has earned during the day.
OrMNANCE ~ No. 1$ of 1¢x$5:
P' ison.
322. When a prisoner is sentenced to forfeit 'ally marks which he has
gained, the
sentence should state the exact number of marks he is to lose, as, to
forfeit six marks.
323. Extra marks may be given by the Governor, on the recommendation of
the
Superintendent, for special services such as:-
(a) Giving information of plots.
(b.) Protecting gaol officers or prisoners from attach, or protecting
them from
w imminent danger.
(c,) Preventing escapes, fires, &c.
(d.) Preserving' order in case o£ disturbance. '
324. Marks will be forfeited by prisoners for misconduct according to the
punish-
ment inflicted, generally at the rate of
8 Marls for one day solitary confiEiemeut on bread or rice and water,
for ono day bread or rice and water,
for one day reduced penal diet,
6 for one meal stopped,
4 for one pork ration stopped,
4 for one meal bread or rice and water,
72 for a flObg111g.
32v. I£ a prisoner is reconvicted before the period of his remission has
expired, he
will be allowed to earn only five marks axday instead of six, and if he
is reconvicted
,twice before the expiration of the period of remission, he will be
allowed to earn no
remission. _ a
326. All convicted criminal prisoners with sentences of twelve months and
upwards
who shall be employed at remunerative labour, will be allowed to earn a
small gratuity
at the rate of ono cant for overt' six marks, but the whole gratuity for
any one prisoner
is not to exceed $10. Such gratuity shall be paid at the tine of
discharge. In for-
feiting marls for misconduct the proportionate amount of gratuity will
also be for-
feited.
327. Convicts will not be allowed to earn any gratuity until they have
served the
first six months either in separate confinemeot~or at No. 1 hard labour.
328. The name of every convict under a life sentence who has served
fifteen years
of his sentence, or having served ten years of his sentence has attained
or is believed
in the absence ~71 positive evidence to have attained the age of sixty,
shall be submitted
for the consideration of the Governor in Executive Council. This rule
will be
communicated to every such convict now in prison, and to any other on
first reception
into prison, but each must be made to distinctly understand that such
submission in
.
no way implies that any remission of sentence will necessarily be granted.
SEPARATE CONFINEMENT.
3?9. Where the gaol accommodation admits of it, all male penal servitude
pri=
Boners shall be required to pass the first six montlo of their
imprisonment in separate
confinement.
0 RFaINANCEi No. 1.9 oF 1985.
Prison.
830. Penal servitude-prisoners will be allowed one hour daily to exercise
in .the
open air under the supervision of an officer; who will see that the
prisoners do not con-
verse together, either in going to the yard, while at exercise, or in
returning to their
cells. r
331. Such prisoners are to keep their cells and utensils perfectly clean
at all times,
and will be employed at crank labour, picking oakttrn, making or mending
clothes, shoe
making or mending, &c.
332. Such ~ prisoners shall on no account communicate or hold
conversation with
any other prisoner, but shall at all times observe the strictest silence.
333. Such prisoners shall be permitted to write a letter on admission, if
they wish
it, to inform their friends of their whereabouts; but, with this
exception they shall not
write or receive a letter, or receive a visit during the six months of
their separate
confinement.
334. Felons, whom the Superintendent may have'reasonable grounds for
suppos-
ing to have been previously imprisoned for felony, when sentenced to
terms of hard
labour will be required to pass a certain time in separate confinement
from one to sir
months according to the number of their previous convictions, and their
conduct while
in gaol.
335. Violent and disorderly prisoners may be placed in separate
confinement at the
discretion of the Superintendent for terms not exceeding seven days at
one time.
336.
SCALE OF DIET FOR EACH EUROPEAN OR WHITE PRISONER.
Dietary for each European or White prisoner in Victoria Gaol,'Hongkong.
BREAKFAST,
Bread, . ............
Gruel, . .. . .........
Bread, ............
Bread, . ............
Potatoes, . .........
Meat, .............
Soup, . .. ,:........
Bread,
.
DINNER, . Soup,
Suet Pudding,
Bread, .
Rice, (common)
Fish, 12 oz.
Curry Stuff, . . %;drs.
Bread, : 6 oz.
SUPPER, ............
Gruel, 1 pint
Fuzz DIET.
6 oz._
1 pint
6 oz. ~ Monday,Wednesday, and Friday.
1 pint
4 oz.
10 oz. Monday, Wednesday, and Friday.
6 oz.
I pint
4 oz.
. 1 pint Tuesday, Thursday, and Saturday.
. -1 fib.
4 oz.
8 oz. Sunday.
Sunday, Tuesday, Thursday, Saturday.
It is understood that these measures are for uncooked provisions, except
in
the case of made-up articles of diet; and meat is understood to- be with-
out bone.
ORDINANCE No. 18 -or `1885.
your.--Each pint to contain 4 oz. Meat without bone, 1 oz. Onions, 1 oz.
Barley-, 4 oz.
Greens, Yams, Sweet Potatoes or Taro, with Pepper and Salt.
e
GRUEL.-Each pint to contain 2 oz. Oatmeal, 1 oz. Molasses, and sufficient
Salt.
COCO.A.=Each pint to contain 4 oz. Flake Cocoa or Nibs, 1 oz. Molasses or
Sugar.
SUET PunDirra.---To every pound 12 oz. Suet, d2 oz. Flour, 8 oz. Water.
Ctr~My STUFF.--Chillies 32 drs., Pepper 12 dr., Turmeric 4 dr., Coriander
Seed 4 ur.
Cumtnin Seed 1dr., and Oil 2',oz.,
TEA.--Each pint to contain l oz. Tea, 4 oz. Sugar..
Daily Ration for each European or white debtor and First-class
Hisdemeanant.
Bread, . , : . . . . .. . .. . . . .. . ... ... . ... . . ... . . . . . . . . .
. . . . . ... ... . ... . . .1 lb. 4 oz.
Beef, Mutton or Pork, without bone (6 days a week) , t
... ...... ......... ... ... 8 oz
Fresh Fish (once a week), ................ : ...... 14 oz.
Beef for Soup, .................. , .. 8 oz.
Potatoes (3 dais a week), ....... , : $ oz:
Vegetables (3 days a week), 8 oz
.~White Rice (1 day), . :: ~ ,. 8 oz.
°y Suet Pudding-(once a week), , 1 1b.
Oatmeal- for Gruel (once a week), ,
:, .. , ...... ... .................. ... ... 2 oz.
1
Salt (fine), . , .e , , 2 oz.
Curry Stuff (once a week) ' .. ... ... .. . .. .. , : ... ... : ... ... .' ... ... ... 71
at
.
2
Soup, Suet Pudding, and Curry Stuff to be made as in recipe for other pri.
soners, except that Beef, 8 oz., is allowed in this class.
Ordinary penal diet for each Eurcpean or white priso7aer.
F
BxEagFAST.---Bread, . : ~ 8 oz.
DzrrNmn.--Rice (common) , ; , 8 oz.
4
8 oz.
NoTE..--A.ny prisoner sentenced to more than v ~ daSs' penal diet have
one pint of
gruel at breakfast and supper.
SCALE OF DIET FOR
INESE AND COLOURED PRISONERS.
CLASS OF PRISONERS. ~CObibtON OIL. FRESH FISH. ~ VEGETABLES. CHUT TEA. SALT. - REMARKS.
RICE. SALT FISH. NEy.
1. Male ,prisoners with senten- '~ 4 oz., 3 oz., I lb. 6 oz.,
ees over 6 months, iemand, I lb. 8 oz. Q oz. 3 days a ° 2 days a 2 clays a I2 oz. ~ oz. ~ oz. ,
and for trial, -, , week. week, week.
2: Male prisoners with senten- ~
ces of 6 months and under, I ~, p oz. ~ oz. 3 days a 2 days a 2 daps a 1 oz. ~ oz. ~ oz.
but over L4 days, .. week. week. l week.
3. Female prisoners with~seri'
tences over 14 'days,- and 4 oz.,- 2 oz., 1 i~.,
boys under 16'with senten. 1 3b, 4 oz. 2 oz. 3 days a 2 days a 2 days a I oz. ~ ~ oz, ~ oz,
-
ces, above 6 months; ;:..;: meek, week. week,
4. Debtors, and first-class mis- 1 1b, Ipoz. oz. alternate alter 1 1b. 1 oz, ~ 1 oz. ~ oz. 4 oz. pork
daily.
~ ~ cate ~ 6 oz., ~ ~
y
,.: days. days. daily
demeanants, ;
5: Penal diet, , ;: , 1'lb. 8 oz. ... ... ~ ... , ~ oz.
6. Reduced penal diet, , 1 lb. 2 oz. ..i ( ~ ... ~ .. , ~ oz.
'f: Punishment diet, .,....: .... 12 oz. ... '' ... ... ~ .., ~ ... ,., ~ oz.
The above represents the quantity for two meals, morning and evening. 2 oz, of rice will be deducted
from each prisoner in No, 1, 2 and
3 dud made into coupes. 1 pint of which is to be served at mid-clay.
Chinese prisoners sentence4 to penal servitude will have 4 oz. pork, once a week, after they have
served the first 6 months of their
imprisonment. Prisoners sentenced to penal servitude who are excused hard labour by the Surgeon and
placed on No. 3 light labour will not
be allowed pork, except when ordered in special cases by the Surgeon.
Prisoners employed on public works will receive the same diet as penal servitude prisoners. When
employed at places where the drinking
water is liable to drainage pollution, they may be supplied with rice-water coupes to drink; l i oz.
of rice to each pint of water.
Ordinance No. 18 of 1885.
Prison.
Note.--For- rules, regulations, orders in Council under this
Ordinance which have been
ezuperseded, cancelled or repealed, see infra.
Generizl rules arid regulations under sec. 6 of Ordinance 10 of 1858 arid
section 17 of
the above Ordinance of the 18th November, 1885, $ee Gazette 21st of same
month.
Order altering scale of diet for Chinese, and coloured pr soner8 under
section 17 of
the 10th February, 1886, Gazette 13th of same month. -
Orderr altering scale of diet for Chinese, &c., under section 17 of the
25th June,
1888, Gazette 28 of same month.
Additional rule under section 17 of the 14th January,1887, Gazette 16th
of same
month. t
Rule altering scale of diet for Chinese, etc., of the 14 th January, .T
88 7, Gazette
16th of same month.
General rules and regulations under section 17 of the 1 7th December, .f
88 7, Gazette
24th of same month.
Additional rules and regulations under section 1 7 of the 13th June,
1882, (Fetters,)
Gazette 22nd of the same month.
1899
[See Amendment Ordinance No. 13 of 1889.]
Governor may make orders in certain matters.
Victoria Gail deemed a prison.
Present officers to be deemed appointed under this Ordinance.
Superintendents.
Custody of prisoners.
1900
Separation of prisoners.
1901
Cells to be approved the Governor.
Hard labour.
1902
Misdemeanants of the 1st and 2nd divisions.
Aiding in escape.
Introduction of prohibited articles into prison.
1903
Conveying documents or articles out of a prison.
Superintendent to notify penalties for breaches of the 3 preceding sections.
Inquest to be held on a death in prison.
Certain persons disqualified from serving as a juror at such inquests.
Protection of persons against acts done under this Ordinance.
Offences except felonies to be prosecuted summarily before a Magistrate.
Governor in Council may make rules.
[See Ord. No. 13 of 1889.]
1904
Governor to appoint Visiting Justices.
Repeals.
Commencement of Ordinance.
1905
1906
1907
1922
[*Wuery: Rule 168. 3.]
1923
[*This reference appears to be a mistake: see rule 158.]
1924
[*See Rule 158.]
1925
1934
[*See Ordinance.
No. 10 of 1887.]
1942
No. 18 of 188.
,fin Ordinance entitled The Prison Ordinance, .T 885.
[tee AweW-
mcnt Ordi-
[lath November, 1885.1 1
BE it enacted by the Governor of Hon0orl:ona, with the advice of the
Lep slatme Council thereof, as follows:-
1. The Governor may from tune to time make, and when made alterGovernor
may ma~e-
urrevoke, orders for.any of the following purposes, VIZ. :-- ora.e~ irl
certain
(a.) '1'o set apart any available sites and buildings for the Mattenq~
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. ) '1'o remove prisoners from one prison to another.
(cf.) To appoint fit persons to be respectively superintendents i
of prisms, clmplains and surgeons, and such subordi-
nate officers for, the service of prisons as the Governor.
may think necessary, and to remove such persons from
their offices, and to re(;ulatP the salaries to be paid to
such persons. f
2. The site and buildin;ys and prison h~rroww as Victoria Gaol at the
Victoria, Gaol
time of the coming into operation of this Ordinance shall be deemed to
Pdrison.
~ a
be a prison duly set apart under section 1 ,of this Ordinance.
3. The Superintendent and officers of Victoria Gaol, at the time of
the commencement of this Ordinance shall be deemed to be duly appointed
under section 1 of this Ordinance. But such officers shall hold their
offices by the same tenure, and upon like terms and conditions, as if this
Ordinance had not passed. -
4-: 4: Prisoners shall be under the control of superintendents of prisons
aupe,.,r,tc.nd_
assisted by the prison officers appointed thereto under the provisions of
`''t'~' '
this Ordinance.
~. 1% 1
A prisoner shall be deemed to be in legal custody whenever he custody of
is being taken to or from or whenever he, is ccnfined- in any prison 'in
prisoners.
which he may be lawfully confined, or whenever he is workina outside
or is otherwise beyond .the walls of any such prison in the custody or
order the control of a prison officer belon01ing to such prison, and any
Present
officers to he
deemed ap-
pointed under
this orar-
11 R.71CC.
QI:DIIV'ANCINo: 19 aF''I88S
Prisoh.
constable or other officer acting under the order of any Judge or Justice
of the Peace, or 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..
Separatiou 6, The requisitions of this Ordinance with respect to the
separation
.of prisoners.
of prisoners are as follows:-
.
(L) In every prison separate cells slJall 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. `
( 2. ) In every prison punishment cells shall be provided or
appropriated for the confinement of prisoners, for prison
offences.
1n a prison containing female prisoners as well as males,
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 men.'
In a prison where debtors are confined, means shall be
provided for separating them altogether from the criminal
prisoners.
r
( 5.) In -a prison where criminal prisoners are confined, such
prisoners shall, as far as possible, be prevented from
holding any communication with each other, either by
every prisoner being kept in a separate cell by day and
by night, except when he is at chapel or taking exercise,
or by every prisoner being confined by night to his cell,,
and being subjected to such superintendc'11ce during the
day as will, consistently with the provisions of this
Ordinance, prevent his communicating with any other,
- prisoner. _ .
(6.) In a prison where prisoners under the age of 16 years are
confined, they shall be kept separate from prisoners ofzD
or above that ae.
GRRINAV'CE No.. I8-oF I-885.
Prison.
7. No cell shall be used for the separate confinement of a prisoners
c;~lb- to be
. approved. by
unless it has been approved m writing by the Governor 'for the purpose, the
and the Governor shall not give his approval in respect of any cell unless
he is satisfied that it is of such a sire, and is lighted, warmed,
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; but a distinction nnay be made in
respect of the use of cells for the separate confinement of prisoners
during
long and short periods of imprisonment, and in respect of the use of
cells .
in which the prisoner is intended to be employed during the whole day,
or for 'a long or short part thereof; anal the Governor's approval may be
varied accordingly, so as to express the period of imprisonment for which:
each cell may be considered fit, and the number of hours in the day
during which the prisoners may be employed therein.
No punishment cell shall be used unless it has been approved in writing
by the Governor, and the Governor shall not give his approval in respect
of any such cell unless he is satisfied that it is furnished with the
means
of enabling the prisoner to communicate at any ti.rw with an officer of
-the prison, and that it can be used as a punishment cell without detri-
ment to the prisoner's health, and the time for which it may be so used
shall be stated in the approval.
Every approved cell shall be distinauis.hed by a number or mark
placed in a conspicuous position, and shall be referred to by its number -
or mark in . the Governor's approval, and the number or mark of any
approved cell shall not be changed without the Governor's approval.
Any approval given by the Governor in respect of a cell may be -
withdrawn on such alteration taking place in such cell as to render the
iipprqval, in his opinion, inapplicable thereto, and upon an approval in
respect of a cell being withdrawn, that cell shall cease to he an approved
cell for the purposes of this Ordinance:
$. Hand labour for the purposes of sentences of imprisonment with
bard labour or penal servitude shall be of two classes, consisting, 1st,
of
work at the tread .wheel;. shot drill, crank, capstan, stone-breaking, or
such other like description of hard bodily labour a5 may be appointed by
the Governor, which work is hereinafter- referred to .as hard labour of
the
first class; 2ndly,a of such ,other description of bodily labour as may be
appointed by the Governor, which work is- hereinafter referred to as ,hard
ORDINANCE N0. 1$ ©ir 48815.
.Prison.
labour of the second class ; and in every prison where prisoners sentenced
to hard labour or penal servitude are confined, adequate means shall be
provided for enforcinb hard labour in accordance with the rejulations of
this Ordinance; but prisoners may be employed in lard labour of the
second class outside the walls of tine prison under the cc:ntrol of a
prison
officer belomging to sued prison, and employment in the necessary,
services
of the prison may, in the case of a limited number of prisoners, to be
selected by the. Superintendent as a reward for industry and hood
behaviour, be deemed to be hard labour of the second class.
ants oftb e Ist J, In every prison, prisoners convicted of misdemeanor,
and not
uud 2nd ~aivi- 'sentenced to hotel labour, .shall be divided into at least
two divisions, one
of which shall be called the first , division ; and 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, if such Court or Judge thinks fit, 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. *Every person imprisoned under any rule, order, or.
attachment - for contempt of Court shall be treated as a misdemeanant of
the first division.
.
Ax4tiay6. 10, Every person who ai,l8 any prisoner in escaping or attempting
to escape from guy prison, or who, with intent to facilitate the escape of
any prisoner, conveys or causes to be conveyed into tiny prison any
icUlsk,
dress, or other disguise, or any letter, or any other article or thin,
shall
be guilty of felony, and on conviction he sentenced to imprisonment with
hard labour for a terra not exceeding two years.
.zut:r ~oatzctiou 11. Every person who, contrary to the regulations of the
pri'sons,
of prohibited,
artinesint.a> brings or attempts by any means whatever to introduce into
any prison
Prison. any spirituous or fermented liquor or tobacco or opium, and every
officer
of a prison who suffers any spirituous or fermented liquor or tobacco or
opium to be sold or used therein, contrary to the prison rebulations, on
conviction shall be sentenced to imprisonment for a terra not -exceeding
sic months, or to a penalty not exceeding twenty pounds, or both in the
discretion of the Court, and every officer of a prison.convicted under
this
Sti shall, in addition to any other punisbment~ forfQit, his office aild
ee on
alb:°~,-t rears --of salvxy due to -him.
0!RDWA1\-Cli No. 1$ of :18815.'
Prison. ,
;:a
1?. :very person who, contrary to .the regulations a prison, ~ C¢uveyilt
ddcument .car
conveys 01' attempts to convey any' letter or other document, or any
article articles out of
a prison.
whatever not allowed by such regulations into or out of any prison, shall
on conviction incur a penalty not exceeding ten pounds, and, if an officer
of the prison, shall forfeit his office and all arrears of salary due to
him,
but this section shall not apply in cases where the offender is liableato
rL
more severe punishment under any other provision of this Ordinance.
r
1.3. The Superintendent shall cause to be affixed in a conspicuous
place outside the prison a notice in English and in Chinese setting forth
the penalties that will be incurred by persons conrnitting any offence in
-contravention of the three preceding sections.
14. It shall be the duty of the Coroner to hold an inquest on the
body of every prisoner who may die within a prison, and in no case shall
any officer of the prison, or any prisoner confined in the prison, or any
per9n engaged in any sort of trade or dealing with the prison, be a,juror
on such inquest. _
15. If any suit or action is prosecuted against any person for any
throb done in pursuance of this Ordinance, such person may plead that
the same was done by authority of this Ordinance ; and if a verdict
passes for the defendant, or the plaintiff becomes nonsuited, or
discontinues
his action after issue joined, or if, upon demurrer or otherwise, judgment
be liven against the plaintiff, the defendant shall recover costs as
between
solicitor and client and have the like remedy fir the same as any
defendant
i
hays by law in other cases; and though a verdict be given for the
plaintiff
in any such action, such plaintiff shall not have costs against the
defendant,
unless the Judge before whom the trial takes place certifies his
approbation
.of the.~action and the verdict obtained thereupon.
16. Offences under this Ordinance, with the exception of felonies,
.and of offences-for the mode of trial of which express provision is made
by this Ordinance, shall .lie prosecutca summarily before a Police
11aalStrate.
17. The, Governor in- Executive Council shall, .as soon, as possible
after the commencement of this Ordinance, make rules for the regulation
.and government of ,prisons, and for the duties end conduct of the
officers
.and other persons employed in prisons, and of the Visiting Justices, and_
Stt lteritlt:E'tl l;-
<tat to tlotit`y
laenalt.ies for
breaches of
the :3 preced-
iug seta ieatts.-
lI1qLt4'st ti) be
held oil 11
death ire Pri-
son; Cert.li tI
persot1.w tlia-
clnalified Frcau
serving asa
juror tit such
Nq11Gsts.
Yrot.retviorx of
persons
against acts
done uncleT
this orE1i-
Offence -
except
felonies to be
prosecuted
summarily
before a,
Magistrate.
Governor- io-
Council nia,yr,
make rides.
~.S're Osd. sl i~.
13 of 1889..j
(.xoW ntiur to
appoint v.isar_
ictg, jW flees.
;aE).Qrt1,.
t?[ - . Commence,
i t t rne.xiG'of
f~-~i 0 rekiuance
-'
i
~r
'ORDINANCE, ~o. _~_g of . zs85.
for the classification, diet, clothing, mvini,enance; employment,
discipline,.
instruction, and correction of prisoners, and for all other matters
relatin(r
to prisons, and may from time to tune repeal, ~ alter, or add to such
rules,
provided that such rules shall not be inconsistent with anything contained
,in this Ordinance. X11 such rules shall be published in the Government
Gazette, and shall from the date of such publication be winding on all
persons in the some manner as if they had been contained in this
Ordinance.
But every such rule or repeal or alteration of a rule may be disall.owed
by Her Majesty, and slYaIl thereupon cease to have effect from the date of
the publication of such disallowance in the Government Gazette. Until
rules shall have been made under this section the regulations for the
government of Victoria Gaol in force at the commencement of this
(Ordinance shall remain in force so far as they are not inconsistent with
anything contained in this Ordinance.
18. The Governor shall from time to time appoint, with their
consent, Justices of the Peace to be Visiting Justices for periods to be
specified in such appointments.
Visiting Justices shall, during the period for which they are hppointecl,
from time fo tune at frequent intervals visit, all prisons, and hear any
complaints which may be mode to theta 1>y the prisoners, and shall report
on any abuses within the prisons, or any repairs that may be required,
fLnd°shall further take cognisance of any matters of pressing necessity
and rfiithiri the powers of tlic~r co.mntission as Justices, and do such
acts
and perform such duties in, relation to prisons as they may be required
to,
do .or~perforrn by the Governor; but subject to the regulations with
respect-
to the duties of Visiting Justices to be made by the Governor in Executive
Council 'under this Ordinance.
19. Ordrbauces 4 of 1863 and 2 of 187$ are hereby repealed, and
sections 63 of U~rdinance 4 of 186, and aU of Ordinance G of 1865, and
95 of Ordinance 7 of 156, and 36 Qf Ordinance 10 of 1865 shall be.
construed as if ttiey~referred to this Ordinance and the regulations made
thereunder, instead of to section 15 of Ordinance 4 of 1x63.
20. This Ordinance shall coioe into operation on a day to be:
piroclaimed by the Governor.
~:~ faree from the Ist February, 1886, by- proclamation of the -30th
January, 1886. -
ORDIN &\'CF, So:: 18 aF 18.
Prison.
Riles and regulations for the management of the gaol at Victoria,
Hongkong, attd for
the guidance of its -officers; made by the Governor in Executive
Council, tender sec. 1 ?' of the Prison Ordinance,
1885, on the 21st and gazetted
the 31 st May, 1830.
1. The officers of the gaol shall be:-One Superintendent, one Surgeon,
and such
Chaplains and such subordinate officers as the Governor may from time to
time appoint:
The Superintendent shall reside in the prison. . ,
2. The Superintendent may punish any subordinate officer for misconduct,
or
neglect or breach of duty, by a fine not to exceed ten dollars, or by
degradation to a
lower rank and pay. Ha shall enter any such exercise of authority in his
journal, and
also in the officers' miseouduct~ book, and report the same without delay
to the
Governor. He may apply all fines to the general hood of the officers in
such nmnner
as may be approved by the Governor. .
3. The Superintendent may not grant more than one week's vacation or sick
leave
without authority from the Governor.
4. The Superintendent shall frequently test the quality and quantity of
the rat i0nq
supplied to the prisoners, and should any deficiency in either be'
discovered, he shall
note the same in his journal, call on the contractor to make it food,
and, if he consider
it necessary, report the same to the Governor. '
5. The Superintendent shall occasionally visit the prisoners at their
meals, and
shall enquire into any complaint that array be made to hire regarding
their food.
6. The Superintendent shall use his discretion in bringing to the notice
of the
Governor the case of any child of tender years whomay be sentenced to
imprisonment,
and carry out the Governor's instructions concerning such child.
7. The Superintendent shall use his best endeavours to assist in the
identification
of prisoners, and with that object shall furnish to the Police any
information in his
powers ,
8. The Superintendent shall, when present, invariably accompany the
Visitirin
Justices in their visits of inspection to the prison, shall inform them
of any prisoner
who wishes to s8e them, and shall otherwise assist them so far as he is
able. During
the inspection ,of the gaol either by Visiting Justices, or lay the
Governor or any other
officer of rank, the prisoners should Trot be taken off their usual work
or ordered 'to
stand at attention. Every facility, however, must be given to those who
wish to
communicate with the officers inspecting, and the Superintendent will see
that due
opportunities are provided.
9. The Superintendent shall take care that the notice board required by
Ordinance
to be placed in some conspicuous place outside.the prison, cautioning
persons against
4RI?INAXCE No.. 18 of 1385.
:Prism.
bringing spirits, opium, tobacco, money, letter, or other prohibited
articles into the
prison, is duly maintained.
14. The Saperintendent will, with the warden, enforce the highest
possible degree
of cleanliness in every part of the prison, in the persons of the
prisoners, their clothes-
and bedding, and see that the bedding and clothing are all in proper
repair.
11. The Superintendent shall deliver daily to the Surgeon a list of
prisoners in
solitary confinement, and of such as may have complained of sickness,
sores, or any other-
ailment, without any exception, whether he thinks such complaint
groundless or not:;.
also a list of prisoners who have recently suffered, or are- about to
suffer, corporal
punishment, or solitary confinement; and shall call his attention to any
case of insanity
or apparent insanity occurring ami>fig the prisoners.
12. The Superintendent shall take every precaution to prevent fire, or
the escape
of prisoners; and shall cause all the wards, cells, bolts, bars, and
locks of the gaol to
be thoroughly examined daily.
13. The Superintendent shall cause to be fully explained to every officer
his general
duties, and especially those required of him in case of fire, or in case
of any attempt to
escape made by either a single prisoner, or several in concert.
14. The Superintendent shall take proper and discreet means to ascertain
that no
visitors to prisoners bring into the Gaol anything not permitted by the
rules of the
gaol, or, in his opinion objectionable. To secure this as far as
possible, he will on no
account allow the employment of prisoners as servants by any officer of
the gaol.
lv. The Superintendent or, in his absence, the warded may, on reasonable
grounds.
of suspicion, require that visitors to prisoners be searched in his
presence, except in
the case of females, who shall be searched in a private room by the
matron. Should
such visitors refuse to be searched, or to give their names and
addresses, he may refuse,
'them admittance.
1.6. The Superintendent shall see that the proper number of prisoners
required by
the Surveyor General for the public works are sent out at the proper
time; with a
sufficient number of well-armed officers for their safe custody, and he
shall occasionally
visit them while at work. k ''
17. The Superintendent may permit any respectable person to view the gaol
at
reasonable hours; accompanied by an officer, who shall caution such.
visitor against
conversing with any prisoner.
18. The Superintendent shall pay attention to then ventilation, drainage,
.and
sanitary condition of the prison, and take such measures as may be
necessary for their
being maintained in perfect order; and with the Surgeon shall frequently
examine 'and
see that the washing places, baths, and closets are in efhciet working
order; and it
shall be the duty of every officer to report at once any defect by which
these arrange;-
Inents do not effect their proper object.
ORDINANCE ' ?.'o. 18 or `1'8$5.
19. The Superintendent shall visit prisoners in solitary confinement,
occasionally
visit the wards and- cells at night, and keep a general supervision over
the mark system.
20. The Superintendent shall hear the repcrts every day, at such an hour
as is
juost convenient, and shall take care that every prisoner having a
complaint to make,
or request to prefer to him, shall have ample facilities for doing so;
and be sball
rtldress any grievances, or take such steps as may seem necessary,
recording the same
in the prisoners' interview book.
21. The Superintendent shall forward to the Governor without delay any
report
or complaint which any officer of the prison may desire to make to him,
and shall
on no account suppress it; but he may offer any explanation with it which
may seem
to him requisite.
22. The Superintendent sball enforce the observance of silence throughout
the
prison, and prevent all intercourse or communication between the
prisoners, so far as
the formation and the conduct of the business of the prison or the labour
of the
prisoners will permit, and shall take care that all necessary and
unavoidable intercourse
or, communication between prisoners be conducted in such manner only as
be sball
from time to time direct. .
23. The Superintendent sball take care that no prisoner is subjected to
any
punishment which the Surgeon is not satisfied be is capable of
undergoing; and shall
see that the written recommendations of the Surgeon are attended to as to
the supply of
any additional bedding or clothing,- or alteration of diet for any
prisoner, or with
respect to any alteration of discipline or treatment in the case of any
prisoner whose
mind or body appears to require .it.
24. The Superintendent sball cause an inventory to be kept of all
clothing,
0
bedding, tools, furniture, &c., under his charge, which shall be verified
half-yearly;
and he shall satisfy himself of the correctness of the inventory, and
shall countersign
the same. All unserviceable and unrepairable articles at such times shall
be brought
forward for inspection, that they ma,y be.condemned and sold, or
otherwise disposed of.
25.' The Superintendent shall exercise his authority with firmness,
temper, and
humanity. His object should be not only to give full effect to the
sentence awarded
to the prisoners, but also to induce in ,them practical habits of
industry, regularity,
and good conduct ,
26. The Superintendent shall submit to the Governor, by the 1st of
February in
each year, an annual report of the prison for the previous year,
referring to all subjects
of interest, and giving a brief history of the prison.
27. The Superintendent shall enter in the Superintendent's order book:
all per-
m-tnent orders: which be' shall- issue relating to the manageiuent and
discipline of the
prison. ' -
ORDINANCE No.'18'wr;,1895.
Prison.
28. The Superintendent shall, a few days before the opening of the Supreme
Court, Sessions, on the occasion of prisoners who are committed for trial
being served
with the usual informations, ask each man if he wishes to call any
witnesses for his
defence, and shall at once inform the Police authorities in order that
such witnesses
defence, be if necessary summoned to appear at the sessions. The
Superintendent will
record this in his journal, stating the number of prisoners who have been
asked the
question, and their replies to it.
29. The Superintendent will be held responsible for the due _ discharge
of the
prisoners at the expiration of their sentences.
THE WARDEN.
30. The warden shall assist the Superintendent in his duties, acquaint
himself
with the rules and regulations of the prison, and see that they are
strictly carried out
1>y both the subordinate officers and prisoners.
31. The warden shall reside' in the prison, or at a place appointed by
the Gov-
ernor, and shall not absent himself from his quarters for a night without
the permission
of the Superintendent. He shall take charge of the gaol during the
temporary
absence of the Superintendent and shall not leave the gaol during such
absence; nor
during the presence of the Superintendent without his permission.
32. A deputy warden shall be appointed by the Superintendent to act during
tb.e absence of the warden, such deputy to have all the powers,
authorities, and
responsibilities of the warden, who shall, before leaving the gaol,
personally give
-over charge to the deputy, with all necessary instructions. .
33. The warden shall take ease that every prisoner on. admission is put
into a
reception cell and strictly searched, and that all knives, weapons,
instruments, money,
opium, tobacco, or anything foel)idden by the rules, or anything likely
to facilitate
escape, be taken-from such prisoner. As far as practicable no such search
shall tame
place in the presence of any other prisoner.
34. On the admission of each prisoner, it shall' be the duty of the
warden or
clerk to record in the gaol register or nominal record of prisoners, the
name,, age,
height, weight; features, particular marks and general appearance of such
prisoner,
with ,anything else worthy of notice.
35. The warden shall take care that all,_articles taken from prisoners,
with their
clothes and otter effects, and all finch throbs as may from time to time
be sent in on
the prisoner's account shall be entered in the Prisoner's Property Book,
with the date
of their receipt and restoration ; and that all such property shall be
kept in a suitable
place to be provided fur the purpose, and shall be restored to the
prisoner on his dis-
charge; except such clothes as it may be considered necessary to destroy,
or such
money or property, as the Governor may think fit-to confiscate; or to
allow the prisoner
to have to assist him in his defence on his trial.
ORDINANCE No.-18. ai 188.
36. Prisoners on entering will be carefully searched, and all money,
valuable s,
&c. found in their possession will be at once entered in thq 'Property
Book.'
37. The head turnkey on duty will, before prisoners are told off to
cells, &c.,
check the 'Property Book' and inform the prisoner of the description of
property
recorded. All money and valuables will then he handed over to the warden
to be
locked up. The head turnkey will initial the ' Property Book' as to the
correctness
of the entries, &c.
3$. The warden shall attend every corporal punishment inflicted within the
gaol, and enter in the Occurrence BOUk the day send hour of the
infliction of the
punishment, with the number of strokes, and the direction of the Surgeon
thereon.
39. The warden shall in no case inflict any punlshinent without the
orders of
the Superintendent of the gaol, or in the case of corporal punishment,
without a certi-
ficate personally given in writing by the Surgeon, that the person to be
punished is in
a fit state of health to receive the number of strokes awarded to him
without injury.
40. The warden shall take care that prisoners have au opportunity of
making
complaints or requests to him, and he shall either take steps to redress
any grievance,
or shall report the same to the Superintandent.
41. The warden shall take care that any prisoner who wishes to see the
Super-
intendent, or Visiting Justices shall have an opportunity of doing so.
42. The warden shall visit the workshops, yards, and corridors
frequently, and
see that the prisoners are kept at their work. He shall also occasionally
visit the
wards at an uncertain bour during the night, to ascertain that the
offices on duty are.
on the alert. He Shall diliently observe the behaviour of all subordinate
prison
officers and see that they strictly adhere to the rules, and shall report
immediately to~
the Superintendent at)y neglect or misconduct that i4,)ay come to his
knowledge.
43. The warden shall be responsible to the Superintendent that the
details of
duties connected with order and discipline of the gaol are carried out
with promptness.
and regularity, and in strict accordance with the regulations. He shall
also enforce
the gre~test economy.
44. The warden shall daily inspect every part of the prison, see that
every thing
is clean and in good order, and that the means of security in the
different yards, &c.,.
are effective. Ire shall pay special attention to prisoners in solitary
confinement.
He is to see that no ladders, planks, ropes, chains, or anything likely
to facilitate
escape are left exposed in the yards.
45. The warden shall superintend the parade of the working parties, and
shall
be careful that they are despatched to their labour with regularity and
without loss of
time. He will check their numbers on their departure from, and on their
return to
the prison, and will see that the good conduct marks earned by each
prisoner have
been communicated to him.
46. The warden shall superintend the3 isatsing Q£ ,ths. grisoners' meals;
shallaake
care that their clothing is in, proper repair, their. hair kept in good
order., and their
washing, shaving and bathing attended to.
47. The warden shall at once communicate to the Superintendent every cir-
cumstance which may came to his knowledge likely to affect the security,
health, or
discipline of the prisoners, efficiency of the subordinate officers, or
anything which
may in any way require his attention.
48. The warden shall take care that every article of food supplied for
the use of
the prisoners is sound and of good quality; and that the scales, weights,
and measures
in use in the prison for the issue and distribution of provisions,
stores, &(;., are accu-
rate and in proper order. ,
49. The warden shall not, directly or indirectly, have any interest in
any, contract
for the supply of the prison; nor shall he receive, under any pretence
whatever, any
fee or gratuity from' any person supplying or tendering supplies for the
prison.
50., The warden shall keep such books and accounts as may be prescribed
by the
Superintendent, and shall assist the Superintendent in keeping a correct
inventory of
all clothing, bedding, furniture, tools, and cooking utensils in the
prison.
51. The warden shall cause the whole of the prisoners to be counted twice
daily,
and satisfy hiruself that the number is. correct,
62. On -parading the officers both for day and night duty, the warden
will see
test, t$ey, are in all respects fit for, and properly acquainted with
their duties. He wil l
-also read to them any new orders from the Superintendent's Order Book.
5'3: The warden shall endeavour to exercise a sound moral influence ,
over both
the officers and prisoners placed under his supervision. He shall
restrain by his
authority, every tendency to oppression or undue harshness on the part of
the subordi-
nate officers, and likewise every tendency to levity, rudeness, and
insubordination on
the part~:of prisoners, and shall aim to raise the minds of the officers
to a sense of their
responsibility, and of the comfort arising from a conscientious discharge
of their
duties. .
54. The warden shall see that the keys are securely disposed of for the
night,
under such regulations as may be established by the Superintendent. He
shall see
that the rules relatin ; to visits to prisoners are carried out in a
proper manner. Such
visits shall take place in the presence of an ofHcer, and be recorded in
a book kept for
that purpose.
55.. The warden shall take care that no articles of clothing are issued
until they
have,beeu properly marked with the prison marks.
z ..- 56.. The warden shall, make a weekly, iuspection of the officers'
quarters,.and if
necessary report the result as to repairs, &c., being needed., .
ORDINANCE h'`o. 18. tar-18855.,
THE HEAD TURNKEYS.
57. The head turnkeys shall have assigned to them the immediate charge of
such prisoner, and such parts of the prison as the Superintendent or the
warden may,
direct, and shall be responsible for the maintenance of proper order and
discipline
.among such prisoners, and such portions of the prison.
58. The head turnkeys shall perform such duties as may from time to time
be
.prescribed by the Superintendent for the purpose of preventing
communication be-
tween the prisoners, and enforcing diligence, cleanliness, order, and
conformity to the
rules of the prison. Each shall in turn have charge of the prisoners on
the public
works, arid shall take particular care that the rules relating to the
management of
-such prisoners are carried out in their integrity.
59. Each head turnkey shall in turn perform duty at night, and shall take
charge
of the gaol under the Superintendent and warden; to whom he shall report
any event
of importance which may .happen during the night, and shall see that the
rules relating
to the officers on night duty are strictly enforced.
60. The head turnkeys shall see that the officers leave for and return
from their
meals punctually, reporting any breach of the rules in this respect.
61. The head tur ukeys shall see that- the prisofters are kept strictly
to their,
labour. They shall diligently observe the behaviour of all the
subordinate officers m.
well as of the prisoners, and see that all strictly adhere to the rules;
and shall report
immediately to the warden any neglect or wiscondact that may come to their
knowledge.
62. The head turnkeys shall especially attend to the carrying into effect
all
orders as to'be punishment to be inflicted on prisoners, and shall see
that those in soli.
tary confinement are provided with necessaries.
63. The head turnkeys shall frequently inspect every part, of the prison,
and
.ascertain that all locks, bars, bolts, and other means of security are
in good order, and.
that the prisoners have not in their possessiou any prohibited articles,
for which
purpose they may search the persons of the prisoners frequently; beading
in mind the
latter part of rule 31. They shall occasionally inspect the turnkeys'
quarters, water
closets, and all other places connected with the prison, and see that
they are kept in
proper order. They shall also see thatthe fire engine, fire pumps, and
egtincteurs
are, in good working order, and that the fire buckets are at all times
,kept filled with
water. They shall also see that the water-pipes and cocks, and those for
the supply of
gas, are in working order, and that no leakage exists:
64. ;Each head turnkey shall in turn superintend the unlocking and
assembling
-of the ;prisoners fQr their mor ping: meal, aid the mustering;
searching, and locking up
,.
in the evening. _. ,
'ORDINANCE No. ':18`cjv` 51.8$5:
Prison.
65. Each head turnkey shall in turn assist in-giving over charge of the
gaol to
the officer in charge of the night duties, and for that purpose shall
accompany him
round the gaol at 6 P.m., and shall see that all the locks are tried
throughout ' the
gaol, and that the keys are given over to him.
66. Each head turnkey shall in turn issue library books to the European
prisoners
weekly; taking care that the books are returned by the prisoners in
proper condition.
67. During the head turnkey's turn on Sunday duty lie shall on no account
leave
the gaol from 2 P.m. on Saturday, until 6 A.M. on the Monday following,
unless
permitted to leave for a short time by the warden; who shall during such
absence act
for him.
tendent.
68. Rule 49 shall apply to the head turnkeys equally with the warden.
THE MATRON.
69. The matron shall reside in the gaol, and be under the orders of the
Superin-
70. The matron shall carry out all the rules laid down for the direction
of the
warden as to male prisoners, so far as such rules are applicable to
female prisoners.
71. The matron shall be present at the distribution of food to the
prisoners ;
inspect every part of the female prison daily, see every prisoner at
least twice iu each
twenty-four hours, and shall at least once a week visit the ward at an
uncertain hour,
during the night.
72. The matron shall not b#e absent from the gaol without the permission
of the.
Superintendent, and when she obtains leave it shall be entered in her
journal.
73. The matron shall take care that no male officer or visitor enters the
division
of the prison allotted to females, unless accompauied by herself, or some
other female
officer.
74. The matron shall search female prisoners on admission, and as often
after-
wards as she thinks necessary; tend shall see that they are bathed, and
properly
clothed in. the prison dress.
75. In case of necessity, and with the sanction of the Superintendent,
the matron
may delegate her duties to the wife of an officer of the gaol, or some
other married
woman.
76. The matron shall keep in her possession the keys, of the cells and
wards of
the female prisoners, and the locks and keys of such cells and wards
shall be different
from those of the cells and wards of the male prisoners.
77.. The matron shall see that the wards, cells, and yards of the female
prisoners.
are kept scrupulously clean. She' shall pay special attention to female
prisoners in
.
solitary confinemeut.
ORDINANCE NO. '18 of l8s5.
THE PRISON OFFICERS.
78. All subordinate officers shall obey the commands of the
Superintendent in the
performance of their duties.
79. Subordinate officers shall thoruu(;hly acquaint themselves with thty
rules and
regulations of the gaol so as to be conversant with every detail ; they
shall frequently
examine the state of the cells, be&ling, locks, bolts, &c., and shall
seize all prohibited
articles, and deliver them to the Superintendent forthwith,
80. No subordinate officer is on any account to enter a prisoner's cell
at night,
unless accompanied by another officer.
81. Subordinate officers whose services are discontinued (except those
who are
temporarily engaged, who shall not have completed their probation, or who
shall be
dismissed for misconduct) shall be entitled to a month's notice or a
month's pay.
Those whose probation is not completed are entitled to only a week's
notice, or a week's
pay; or if they commit an offence meriting it they can be at once
discharged. Officers
who wish to resign their situation shall give a. month's notice.
82. No subordinate officer shall absent himself from the gaol without
permission
from the Superintendent, and when leaving the gaol he shall not carry his
keys or
book away with him.
83. Officers shall on no account leave their keys lying about; but shall
an leaving
their post deliver them to the officer appointed to receive them.
84. It is the duty of all officers, without exception, to treat the
prisoners with
kindness and humanity, to listen patiently to their complaints, to inform
the warden
of any prisoner who desires to see him or the Superintendent, and to be
firm in main=
taming order and discipline, and enforcing an observance of the rules of
the gaol.
85.Subordinate officers must not sit down or lounge about during their
turn of
duty; but must be always alert and watchful, keeping their faces towards
the prisoners
under their charge.
86. Subordinate officers shall examine the prisoners' clothing, and see
that it is at
all titues in proper repair. s
87. Subordinate officer`s are prohibited, on pain of dismissal; from
borrowing
money from the compradore.
88. No officer of the gaol shall be a bailiff nor be concerned in. any
trade or other
,occupation, his whole time is to be devoted to the service of the gaol.
89. All prism officers shall treat the Visiting Justices, Judges, Members
of the
council, and Magistrates wish courtesy and respect.
- 90. Any subordinate officer desiring to appeal.against any decision of
the Super-
intendent which affects him will state his complaint in writing, for the
consideration
,of -the Governor.
ORDINANCE Xo. I$ of 1885.
Prison.
91. It shall be the duty of every officer to direct the attention of the
Superintend-
ent to any prisoner who may appear to him not in health, although he may
not com-
plain, or whose state of mind may appear to him deserving of special
notice and care,
in order that the opinion and instructions of the Surgeon may be taken on
the case.
92. Any officer who shall be guilty of assaulting or otherwise molesting
any pri-
soner, either within or without the gaol walls, unless compelled to do so
in self-defence-
or for some other lawful purpose, shall be at once suspended with a view
to his dismissals.
and even if compelled to strike in self-defence, no unnecessary violence
should be used.
93. No subordinate officer, on any pretence whatever, through favour or
mistaken
tzotions of kindness, shall fail to make an immediate report to the
Superintendent, or
other his superior officer, of any misconduct or wilful disobedience of
the prison segu--
lations.
94. No subordinate officer shall unnecessarily converse with a prisoner,
nor allow
piny familiarity on the part of prisoners towards himself, or any other
officer of the
prison; nor shall he on any account speak of his duties, or of any
matters of diseipline
~~r prison arrangement, within hearing of the prisoners.
95. Every officer who shall, contrary to orders, bring in ' or carry out,
or know.
iazgly allow to be brought in or carried out, to or for any prisoner, any
money, clothing,
provisions, tobacco, letters, papers, or other articles whatsoever; ,or
shall give, or cause.
to, be given to any prisoner suelz articles; 'shall be forthwith
suspended from his office
by the Superintendent, who shall report his case to the -Governor that
the offender-
°nia:v~ be dealt with under sections 11 and 12 of the Prisons Ordinance.
So far as the exigencies of the service will permit, subordinate officers
shall be.
oalowed leave on Saturday afternoon after the prisoners are locked in
their cells, and
,on Sunday, Good Friday, Christmas Day, and Government holidays, and at
other- -
times when they can he spared.
97. Any officer, on entering the gaol service, must understand that he
may be
employed in any part of the Island, wheresoever it may seem fit to the
Governor to,
employ him.
98. No subordinate officer is to punish a prisoner, except when ordered
to do so
lay the Superintendent. ' .
99. Each subordinate officer will be considered on probation for the
first three
months of his service; his appointment will not be confirmed at tlfe
expiration o`
three months, unless the officer has proved himself in all respects
fitted for the post.
100. Officers are forbidden to smoke or chew tobacco while on duty, and
they
nzusVbe careful to leave no tobacco or money lying about within reach of
prisoners, or
in their clothes when being sent to be washed.
. .. Cpl; Every subordinate officer of the gaol who shawl fail to
exercise a proper-
vigilanoe~over the prisoners 'commattea to his charge, or to perform any
duty enforced
zapoii hire by the regulations of the prison, or shall wilfully or
carelessly disobey,..
ORDINANCE No: :Ii8 of 1895 . 1,916
Prison.
neglect or evade, or ptermit to be disobeyed, neglected, or evaded, any
rule, regulation,
or order, lawfully made and provided in respect of such gaol, shall be
liable to be
dealt with by the Superintendent under rule No. 2.
102. The subordinate officers are expected to conduct themselves in an
orderly
and respectable manner at all times when off duty.
108. When on duty subordinate officers will appear neatly dressed in the
uniform
of the gaol. Uniform will be supplied to them half-yearly, viz., two
suits white
summer clothing, with boots, helmet, and puggarees, in May; and one cloth
suit, with'
boots, and cap, in November. They will be supplied with an overcoat every
fourth
year.
104. Subordinate officers suspended from duty and afterwards restored to
their
situations shall not receive any pay, for the time during which they
shall have been
suspended, unless a particular order be given for that purpose by the
Governor.
105. All subordinate officers; on being relieved from any particular
duty, or
transferred to another part of the prison, shall point out to their
successors all matters
of special importance connected with their duties, and explain any
directions of the
Superintendent, or other superior officer, affecting any particular
prisoner.
106. Any subordinate officer disabled from the regular performance of his
-duties
by illness must report the same to the Colonial Surgeon, who will, if
necessary, order
his removal to the Government Civil Hospital; and during the time he is
there he will
be expected to conform to the rules of that establishment, and pay such
charges as
may be claimed for his maintenance and treatment.
107. All officers of the prison must be men of moral principle and
unblemished
character. Disreputable conduct, and especially intoxication, will be
visited, with
severity. 11
SURGEON.
108. The Surgeon shall have the medical charge of all the prisoners in
the gaol,
and ofyheir treatment when sick. He shall also give medical advice and
assistance,
including medicine, to the officers of the prison and their families. 'He
shall report
from time to time, as may be directed, upon the sanitary condition of the
prison, and
health of the prisoners and the prison officers, and in reference to any
other paint in
connection with the maintenance of health in the prison upon which he may
be directed
to report.
109. The Surgeon shall visit the gaol hospital every morning (and
oftener, if
necessary) and attend to both the complaining sick and those in hospital.
. He shall
inspect the 'newly admitted prisoners and pass them for hard labour or
otherwise.
He .shalh visit the punishment.cells, and see the prisoners confined
therein, as also all
prisoners before they are put on penal diet.
orders.
ORDINANCE No. 1S..ozr 1885.
110. The Surgeon shall attend without delay at the gaol at any hour on
being
summoned by the Superintendent, who shall be responsible for the
reasonableness of
the summons.
111. The Surgeon shall eryter in a journal to be kept in the gaol--
(a.) Any observations or suggestions he may deem it important to make ou
the diet of prisoners not.in hospital.
(b.) A short daily record of any sick prisoners under his treatment,
whether
they are in hospital or not; their names, nature of their complaints,
and the treatment pursued.
(c.) His orders for such additional articles of food or clothing as he may
deem necessary for the health of any prisoner not in hospital, and the
medical reasons for such orders. Such orders shall be entered in the
Superintendent's daily return, and submitted to His Excellency the
Governor.
112. The Surgeon shall visit prisoners in separate cells who have given
notice to
the Superintendent that they are unwell and wish to see the medical
officer.
113. No medicine, shall be administered to any prisoner without the
Surgeon's
114. The Surgeon shall regulate the hours of exercise and' o£ labour of
prisoners
out of health.
115. The Surgeon shall examine every prisoner on whom corporal punishment
is
about to be inflicted, before it takes place, and give a certificate of
his fitness to receive
it or not. He shall be in attendance whets such punishment is inflicted.
After such
punishment, he shall daily attend to and examine such prisoner, until his
person is
quite healed.
116. The Surgeon will examine the food provided for the prisoners, and
inspect
every prisoner weekly, and daily when epidemic disease exists in the
neighbourhood. ,
11'l. The S'urgeon is to give written directions for separating prisoners
having
infectious complaints, or suspected of having them; and for cleansing,
disinfecting, or
destroying any infected apparel or bedding.
11$. The Surgeon .shall report to the Superintendent the case of any,
prisoner
.about to be discharged who may be suffering front acute or dangerous
disease; in
which case the prisoner shall not be discharged, unless he demand it.
119. The hospital warders shall ,be under the immediate orders: ~ of the,
Surgeon;
end shallAbe present at such times, and perform such duties as he may
require from
them, consistently with their position in the gaol. j
ORDINANCE Nci: 9'~:oF='.38'95. . 1-91=
720. The Superintendent shall place at the disposal of the Surgeon well
conducted
prisoners, who can safely.be.entrusted with the d-uty of attending upon
the sick, n©t
exceeding in number one to every ten patients.
121. The Surgeon shall report to the Superintendent any irregularity, in
the gaol
hospital which may come to his knowledge, or any difficulty or obstr
uetion which he
may meet with in the performance of his duty.
122. The Surgeon is to examine all candidates for employment as
subordinate
officers or servants of the gaol, and report whether they possess the
necessary qualifica-
tions as to,health and strength.
128. The Surgeon shall tike care that all medicines and stimulants are
properly
locked up, and are not accessible to any prisoner ; and when there is no
paid dispenser,
lie shall issue day by day to the hospital warder all medicines and
stimulants to be
administered in his absence.
124. The Surgeon's Journal shall be laid before the Governor at least
once in
each quarter of the year, and he shall report at the same time on the
condition of the
prison and the health of the prisoners and officers recording any want of
cleanliness,
proper drainage, warmth, ventilation, or any insufficiency or bad quality
of bedding,
clothing, provisions or water.
125. -The Surgeon shad deliver to the Colonial Secretary, as soon as
possible
after the close of December in each year, a report in which shall be
detailed the
number of sick among the prisoners during the year just closed, the
mortality, the
sanitary condition of the gaol, and what diseases have been most
prevalent therein.
He shall point out any defects in the .construction or management of the
gaol to
which such sickness may be attributed, and also what precautions should
be taken to
prevent the same.
THE CHAPLAINS.
126. The Chaplains shall conduct divine service with the prisoners of
their res-
pective religions at least once on Sundays, and perform such other
offices as they may
think fit, and may, visit each of such prisoners in his or her cell as
often as they may
thin3c f t at reasonable times. To sick, dying, or condemned prisoners
they shall have
access at any time.
127. The same privileges shall be allowed to every recognised minister in
respect
of the prisoners of his own religion.
128. The Chaplains shall inform the Superintendent whenever they may
observe
the mind of any prisoner to be liable to be injuriously affected by any
punishment
awarded.
129. No prisoner shall be obliged to attend any service to which he may'
object on
religious grounds, unless in' the opinion of the Superintendent such
objection is
frivolous and vexatious:
ORDINANCE. No4 -18 op 1885:
.130. The Chaplains shall record their visits in' the Visitors' Book, and
shall notify
the times, of the celebration of the Holy Communion. Prisoners desiring
to com-
municate must signify their wish to them before the time appointed.
131. The Chaplains shall, in carrying out their duties, be careful not to
interfere
with the established rules and regulations of the prison, or the routine
of discipline
and labour.
132. The Chaplains shall confer with the Superintendent on all points
connected
with their duty, and they shall co-operate with him, and with the other
officials of the
prison, in promoting the good order of the establishment, so far as
concerns, the duties
of their office.
133. The Chaplains shall once a year present to the Governor a report of
such
points connected with their department as they may think it desirable to
bring
before him.
134. A. library shall be provided for the prisoners, consisting of such
books as
tray from time to time be approved of by the Chaplainssand sanctioned by
the
Governor.
THE VISITING- JUSTICES.
135. The gaoLshall be open to all Justices of the Peace.
136. Two Visiting Justices (one official and one non-official) shall, in
company if
possible, visit the gaol at least once a week, and on other, days when
their presence
may be required.
137. The Visiting Justices shall inspect the prison and prisoners, and
hear any
R
complaints which may be made to them by the prisoners, and shall report
on any
abuses within the prison, or any repairs which may be required ;
statements as to
which they shall enter in the Visiting Justices' Book, with any
suggestions or remarks
they may wish to bring to the notice of His Excellency the Governor as to
the state
and discipline of the gaol. They shall pay special attention to prisoners
in hospital
and solitary confinement.
138. If the Superintendent shall represent to them that he has, in case
of jargent
necessity, put a prisoner in irons, or under mechanical restraint, and
that it is neces-
sary that such prisoner should be kept in irons, or under mechanical
restraint for more
than twenty-four hours, the Visiting Justices may authorise such
detention by order
in writing, which shall specify the cause thereof, and the time during
which the
prisoner is to be kept in irons, or under mechanical restraint.
139. The Visiting Justices- shall inspect the diet of the prisoners, and
if they
shall find that the quality of any article does not fulfil the terms of
the contract they
shall note the fact in their book.
140; The Visiting Justices. shall also discharge such other duties as are
assigned
to them in the special rules for special classes of prisoners, and in the
general. rules.
ORDINANCE No. I8 OF 1885.
Prison.
SPECIAL RULES
for prisoners awaiting trial, those remanded from the Police Court, and
those
committed for the first time in default of finding security.
141. Such prisoners shall be kept apart from convicted prisoners and not
allowed
to see them at any time.
142. Such prisoners shall not be required to take a bath on reception,
if, on the
.application of the prisoner, the Superintendent shall decide that it is
unnecessary, or
the Surgeon shall state that it is for medical reasons unadvisable.
143. In order to prevent such prisoners front being contaminated by each
other,
.or endeavouring to defeat the ends of justice, they shall be kept
separate, so far as
the prison accommodation will allow, and shall not be permitted to
communicate
together.
144. The Visiting Justices or Superintendent before ;ranting any
permission
which by the following rules they are authorised or required to grant,
shall satisfy
themselves that it can be granted without interfering with the security,
good order,
and government of the prison and prisoners therein; and if, after it has
been granted,
its continuance seems lively to cause any such interference, or if the
prisoner has
abused such permission, or has been guilty of any misconduct, the
Visiting Justices
shall have power to suspend or withdraw such permission, and in like
circumstances
the Superintendent may. withdraw or suspend the same when it has been
granted by
himself, or suspend it when it has been granted by the Visiting Justices
if the case is
urgent, provided he report the case as soon as possible.
145. The Visiting Justices or the Superintendent shall, on the
application of any
such prisoner, if, having regard to his ordinary habits and condition of
life they think
such special provision should be made in respect toAhim, permit any such
prisoner-.-
1. To occupy a suitable room or cell specially fitted for such prisoners;
and
furnished with suitable bedding and other articles, in addition to, or
different from those furnished for ordinary cells.
2. To exercise separately, or with selected untried prisoners, if the
arrange-
ments and the construction of the prison permit it.
3. To have, at his own cost, the use of private furniture and utensils
suitable
to his ordinary habits, to be approved by the Superintendent.
4. To be relieved from performing any menial unaccustomed work.
146. The Superintendent nay modify the routine of the prison in regard to
any
-such prisoner, so far as to dispense.with any practice which, in. he
Superintendent's
opinion, is clearly unnecessary in the case of that particular prisoner.
147. Any such prisoner who prefers to. provide his own food for any meal
stall
dive: notice :thereof beforehand at the .time required; .but the
Superintendent.shall-not
ORDINANCE No'.- 18.' o-1883:
permit any such prisoner to receive any prison allowance of food for the
meal for
which he procures or receives food at his own expense. Such prisoners
shall also be
allowed to wear their own clothes if sufficient and fit for use.
148. Articles of food shall be received only at hours to be fixed from
time to time.
They shall be inspected by the officer of the gaol, and shall be subject
to such res-.
trictions as may be necessary to prevent luxury or waste.
149. No such prisoner shall, during twenty-four hours, receive or
purchase more
than one pint of malt liquor, or cider, or more that half a pint of wine.
150. No such prisoner shall be allowed to sell or transfer any article
whatsoever
allowed to be introduced for his use to any other prisoner.
151. Such prisoner shall not be compelled either to have his hair cut,
or, if he
usually wears his beard, &c., to shave, except on account of vermin or
dirt, or when
the Surgeon deems it necessary on the ground of health and cleanliness;
and the hair
of such prisoner shall -not be cut closer than may be uece Ary for the
purpose of
health and cleanliness.
152. The beds of such prisoners shall be made, and the rooms and yards in
their
occupation shall be swept and cleaned by themselves every morning subject
to rule
141. The furniture and utensils appropriated to their use shall be .kept
clean and
m'eatly arranged. They may be allowed the sane privileges as are by rule
173 accorded
to 1st class misdemeanants. Any sum earned by them will be paid to them
on their
discharge.
153. Every such prisoner shall be permitted to have supplied to him at
his own
expense such books, newspapers, or other means of occupation, other than
those fur-
nished by the prison, as are not, in the opinion of the Superintendent,
of an objec-
tionable kind.
154. Each such prisoner shall be permitted to be visited by one person,
or, if
circumstances permit, by two persons at the same time, for a quarter of
an hour on ,auy
week day, during such hours Eta may from time to time be appointed.
155. The Superintendent tnay in special cases permit the visit to be
prolonged,
and allow more titian two persons to visit the prisoner at one time.
-156. Every such prisoner shall at his request be allowed to see this
legal adviser
(a solicitor or his clerk) on any week day, at, any reasonable hour, and,
if required,
in private; but if necessary, in the view of an officer of the prison.
157. Any such prisoner who is in prison in default of bail shall be
permitted to
see any of his friends on any week day, at any reasonable hour, for the
bond, fade
purpose of providing' bail.
153. Such prisoners may send and receive letters at all reasonable times,
and
paper, with other writing materials, to such extent as map appear
reasonable to the
QRDI NAN CL No. 18 of 1$85:
.Prison.
.Superintendent, -shall be furnished to any such prisoner who requires it
for the purpose
of communicating with his friends, or preparing his defence. Any
confidential written
communication, prepared as instructions for ° a solicitor, way be
delivered personally
to him or his authorised clerk, without being previously examined by any
officer of the
prison; but all other written communications are to be considered as
letters, and are
not to be sent out of the prison without being previously inspected by
the Superintendent.
159. No such prisoner shall be compelled to attend any religious service
other
than his own; but subject to these provisions he shall attend divine
service on Sundays,
and on other days when such service is performed, unless prevented lay
illness, or
excused by the Superintendent for any other reasons.
169. Such prisoners shall also be subject to till general rules, except
so far as the
same are inconsistent with the special rules relating to such prisoners.
SPECIAL RULES FOR FIRST CLASS MISDEMEANANTS.
161. No person shall be placed in this division except as provided by
statute, or by
order of the Jud;e of Ccurt before whom lie is tried.
prisoners.
162. Such prisoner shall not be placed in association, or at exercise,
with criminal
163. ,Such prisoner shall not be required to take a bath on reception,
if, on the
application of the prisoner, the Superintendent shall decide that it is
unnecessary, or
if the Surgeon state that it is for medical reasons unadvisable.
164. Every such prisoner shall be searched only' by an officer specially
appointed
for the purpose. ,
165. Such prisoner shall be placed, as so0ii as possible after reception,
in a. cell
appropriated to prisoners, of his class, unless there ir, reason to
believe that he is suffer-
ing from some infectious disease, in which case he shall be detained in a
reception-cell
till he can be seen by the Surgeon.
166. Such prisoner shall at all times, except when at chapel or exercise,
occupy
the room or cell assigned to him. .
167. The Visiting Justices or Superintendent, before `L iantin any .
permission
which by the following rules they are authorised or required to grant,
shall satisfy
theriiselves that it, can be granted without interfering with the
security, good order,
and Government of the i)rison and prisoners therein; and if, after it has
been .ranted,
its continuance seems likely to cause any such interference, or if the
prisoner has abused
such permission, or has been guilty of `any misconduct, the Visiting
Justices shall, have
power to suspend or withdraw such permission, and in the like
circumstances the
:Superintendent may withdraw or suspend the same when it has been granted
by `himself,
:or suspend it when it has been, granted by the Visiting Justices if the
case is urgent,
provided he report the case_as soon as possible..
922
ORDINANCE No. 18 of -188.
168. The Visiting Justices or the Superintendent shall, on the`
application of any
such prisoner, if, having regard to his ordinary habits and condition of
life they think
such special provision should be made in respect to him, permit any such
prisoner-
1. To occupy a suitable room or cell specially fitted for such prisoners,
and
furnished with suitable bedding and other articles, in addition to, or
different from those furnished for ordinary cells. -
2. To have, at his own cost, the use of private furniture and utensils
suitable
to his ordinary habits, to be approved by the Superintendent.
3. To have, on payment of a small sum, to be fixed by the Visiting
Justices,
the assistance of some person to be appointed by the Superintendent, to
relieve hitn in the performance of any unaccustomed tasks or offices.
1,69. Such prisoner shall be permitted to supply his own food, on giving
due
notice beforehand at the time required; but the Superintendent shall not
permit such
prisoner to receive any prison allowance of food at any meal for which he
receives or
procures food at his own expense.
170. Articles of food shall be received only at such hours as may be
filed from
time to tune. They shall be inspected by the officers of the prison, and
shall be subject
to such restrictions as may be necessary to prevent luxury and waste.
1'T1. Any such prisoner shall not durina.twenty-four hours receive more
than one
pint o£ malt lidnor or cider, or if an adult half a pint of wine.
172. Such prisoner shall be permitted to wear his own clothing, provided
that it is
sufficient, and is fit for use.
173. No such prisoner shall be allowed to sell or transfer any article
whatsoeverr,
allowed toF be introduced for his use, to any other prisoner.
174. Such prisoner shall not be compelled, either to have his hair cut,
or, if he usually
wears his beard, &c., to shave, except on account of vermin or dirt, or
when the medical
ofdcer'deems it necessary on the ground of health and cleanliness, and
the hair of such
prisoner shall not be cut closer than may be necessary for the purpose of
health and
cleanliness. ~
175: The beds of such prisoners shall be made, and the rooms and yards in
their
occupation shall be swept and cleaned everymnorning. The furniture and
utensils
apprQpriatedto their use shall be kept clean and neatly, arranged. Should
atiy such
prisoner. object to perform any of these duties, they may be performed
for him as
t* Qteeny: Rule provided in rule 164.E
7 co 1
176. Such prisoner shall be permitted to have -supplied to him at his own
expense
such books, newspapers, or other means of occupation, other than those
furnished by
the prison, as are not, in the opinion of the Superintendent; of an
objectionable hind.
ORDINANCE 'No.. 18 :=o9 185.
177. .Such prisoners may be permitted, if the accommodation of the gaol
will allow,
to work at their respective trades and professions. Those who find their
own imple.
menu, and are not maintained at the expense of the prison, shall be
allowed to receive
the whole of their earnings; but the earnings of such as are furnished
with imple-
ments, or are maintained at the prison expense, shall be subject to a
deduction, to be
determined by the Visiting Justices, for the use of implements, and the
cost of main-
tenance.
178. Such prisoners shall be permitted to see their friends for a quarter
of an
hour on any week-day, during such hours as are appointed, they may also
send and
receive letters at all reasonable times, subject to rule 221.'
179. The place in which such prisoners receive their visits shall not be
the same
as that in which criminal prisoners receive their visits, if any other
suitable place can
conveniently be provided.
180. No such prisoner shall be compelled to attend any religious service
other
than his own; but, subject to these provisions, he shall attend Divine
Service on
Sundays, and on weekdays when such service is performed, unless prevented
by sick.
aces, or excused by the Superintendent for any other reasons.
181. Such prisoners shall be subject to nay general rules, except so far
as the same
are inconsistent with the special rules relating to such prisoners.
1.82. Such prisoners shall be allowed to smoke under such regulations as
may be
laid down by the Superintendent.
SPECIAL RULES FOR DEBTORS.
183. Debtors shall not be required to take a bath on reception, if, on
the applica-
tion of the prisoner, the Superintendent shall decide that it is
unnecessary, or if the
Surgeon shall state that it is for medical reasons unadvisable.
184. Debtors shall at all times, except when at Chapel or exercise,
occupy the cells
or rooms assigned to them.
185. The Superintendent, before granting any permission which 1-,,y the
following
rules he is authorised or required to grant, shall satisfy himself that
it can be granted
without interfering with the security, good order, and government of the
prison and
prisoners therein ; and if, after it has been granted, its continuance
seems likely to
cause any such interference, or if the prisoner has abused such
permission, or has been
guilty of any misconduct, he shall have power to suspend or withdraw such
permission.
186. Debtors shall be permitted to supply their own food, on giving due
notice
beforehand at the time required; but the Superintendent shall not permit
such pri-
soners to receive any prison allowance of food on any day, for which they
receive or
procure food at their own expense. . ' -
[* 774a iv/'vanre
=ippmrs to be a
ks: see t'2tk
1924
ORDINANCE No: 18 OF .185.
-Prison.
187. Articles of food shall be received only at such hours as may, be
fixed from
time to time. They shall be inspected by the officers of the prison, and
shall be subject
to such restrictions as may be necessary to prevent luxury or waste.
188. Any such prisoner shall not during twenty-four hours receive or
purchase
more than one pint of malt liquor or cider, or if an adult half a pint of
wine.
189. No such prisoner shall be allowed to sell or transfer any article
whatsoever,
allowed to be introduced for his use, to any other prisoner.
190. Such prisoner shall not be compelled, either to have his hair cut,
or, if he
usually wears his beard, &c., to shave, except on account of vermin or
dirt, or when
the medical officer deems it necessary on the ground of health and
cleanliness, and the
hair of such prisoner shall not be cut closer than may be necessary for
the purpose of
health and cleanliness.
191. The beds of such prisoners shall be made, and the rooms and yards in
their
occupation shall, be swept and cleaned by them every morning. The
furniture and
utensils appropriated to their use shall be kept clean and neatly
arranged by them.
192. Debtors may be permitted to work and follow their respective trades
and
professions, provided their employment does not interfere with the
regulations of the
gaol, a,nd~they will be permitted to have the whole of their earnings
after deducting
the cost of any irriplemenfs which may be supplied to them, and the cost
of their main-
tenance, if they are maintained at the expense of the prison.
193. No such prisoner shall he compelled to attend any religious service
other
than his own; but, subject to these provisions, ha shall attend Divine
Service on Sun-
days, and on week-days when such service is performed, unless prevented
by sickness,
or excused by the Superintendent for any other reasons.
194. The place in which such prisoners receive visits shall not be the
sameas that
in which criminal prisoners receive visits, if any other suitable place
can be conveni-
ently provided.
195. 'Debtors shall be permitted to exercise during such periods of the
day as the
circumstances of the prison will allow, and during the same periods they
shall 'be per-
mitted, it they'prefer it, to associate together in an orderly manner.
196.'Debtors shall be permitted to receive one visit, and also tonwrite
and receive
see Rule xss.) one letter in each week, subject to rule 221; * but they
may communicate with, and
receive visits from their friends and legal advisers at any reasonable
hour of the day,
for the purpose of arranging the payment of their debts.
197. Debtors shall also be subject to any general rules, except so far as
the same
are inconsistent with the special rules relating to debtors.
198. Debtors shall be allowed to smoke under such regulations as may be
laid
down by the, Superintendent.
ORDINANCE No. 18 of 1885.
GENERAL RULES.
ADMISSION AND XISCHARGE.
199. No prisoner shall be admitted to the gaol unless accompanied by a
warrant
for his detention.
200. All prisoners shall be searched, registered, and medically examined
on
admission.
201. Every prisoner shall take a bath, and be'shaved on reception, unless
it shall
be otherwise directed, in any particular case, by the Superintendent or
Surgeon.
202. If any prisoner is found to have any cutaneous disease, or to.be
infected with
-vermin, means shall be taken effectually to eradicate and destroy the
same.
203. Every prisoner shall be weighed on reception, and subsequently at
such
periods as the Superintendent and the Surgeon niay appoint, and the
result shall be
recorded in a book kept for the purpose.
204. Every prisoner may, if required for the purposes of justice, be
photographed
on reception and subsequently.
205. Such of the clothing, linen, and other articles belonging to
prisoners as may
be retained in the prison shall, if necessary, be washed, cleaned, or
disinfected, as soon
as possible after they are received.
206. Such clothing shall be made into a bundle, carefully labelled with
the name
of the owner, and placed in store,; any money or jewellery which the
prisoner may have
in his possession shall also be taken from hire and placed in safety
until his release
from gaol. A list of all his property is to be entered in a book kept for
that purpose,
which shall be under the superintendence of the warden.
207. As soon as possible after prisoners are admitted, the abstract of
the rules
relating to the conduct and treatment of prisoners shall be read over to
them; and such
abstract shall all also be read and explained weekly to the whole of the
prisoners.
208. Every prisoner shall have'a number assigned to him, which shall be
prefixed
to his dame in every register; such number shall also appear on the
breast of, his coat,
orb his towel, chopstick bag if a Chinese, and cap or hat.
209. Prisoner s whose discharge falls on Sunday shall be discharged on
the Saturday
preceding.
210. All prisoners sentenced to imprisonment for. one year or more with
hard
labour, shall be secured by fetters of a pattern to be approved by the
Governor. The
fetters shall weigh 3 lbs., and shall be secured to an iron ring on each
ankle, and the
chain suspended by a hook from the waist belt. .
211. All such prisoners shall wear fetters notwithstanding .their
employment on.
No. 1 penal or rigorous hard labour, and on No. 2 industrial hard labour;
and if any
18' 4YJS9.1:
such prisoners are ordered by the Surgeon to industrial light labour they
shall not on
that account have their fetters removed, unless specially recommended by
the Surgeon
.
on medical grounds.
` 212. No such prisoners shall be employed on industrial light labour
unless their
conduct has been fairly good, and prisoners of good character only shall
be employed
on industrial light labour of the kinds mentioned in rule 266 No. 3 of
the rules and
regulations made by the Governor in Council under section 17 of The
Prison Ordinance
1885, and dated the 17th December,~1887, * and when so employed many have
their
fetters removed, if they interfere with the prisoner's work.
1 213. ,All prisoners mentioned in the first rule when employed on
industrial light
labour of any other description shall wear fetters until they have earned
a, good
character.
214. All such prisoners, when exempted from wearing fetters on any of the
grounds
aforesaid, shall on misconducting themselves, and being awarded prison
punishment,
again be placed in fetters and,not released therefrom until they have
regained a good.
character.
215. A prisoner shall be considered of good character who has not for
three con-
secutive months been guilty of any prison offence, but a trivial offence
for which a
prisoner has been cautioned or admonished but not punished, shall not be
taken into
account in considering the good character of the prisoner.
216. Prisoners sentenced to less than one year's imprisonment with hard
labour
shall wear an iron ring on one ankle without other fetters.
217. All prisoners convicted of returning from banishment shall wear
fetters
during the whole period of their imprisonment.
CLEANLINESS.
218. The weekly shaving of the Chinese ,prisoners shall be done according
to such
regulations as shall be established from time to time. The razors shall
be always under
the charge of the officer of the ward or yard, and he shall take care
they are withdrawn
immediately the prisoners have finished them. Prisoners of very filthy
habits are to
be brought to the notice of the Superintendent.
219. The queues of Chinese prisoners sentenced to penal servitude may be
cutoff,
and their hair kept cut close until within six ninths of their release ;
the queues may
also be cut off short-sentenced prisoners if the Surgeon should consider
it necessary for
the purpose of health or cleanliness ; but such prisoner shall be allowed
to appeal. to
the Governor against it. No queue is to be cut under any circumstances
without the
special permission of the Governor.
*NOTE.- The reference to the rules of the 17th December, 1887, aypcare.to
be a mistake: see
Me 281 No. 8. of. these rules,.
QRDI NAN-:E. No. 1 8 OF 1 8$a.
220. The hair-of European prisoners shall be cut to such moderate length
as health
or cleanliness may require.
221. Every prisoner shall wash his face and hands daily, and shall take a
bath
once a week.
222. Prisoners shall keep their cells, utensils, clothing, and Bedding
clean and
neatly arranged; and shall clean and sweep the yards, passages, and all
other parts of
the prison as may be directed.
CLOTAINC;, BEDDING, FOOD.
223. The whole of the Chinese prisoners' clothing, and the under-clothing
of the
European prisoners shall be changed weekly.
224. Every prisoner stall sleep in a cell by himself, if the
accommodation of the
gaol will permit it, or, under special circumstances, in a cell with not
fewer than two
other prisoners.
225. The clothing of prisoners sentenced to penal servitude may be given
to their
friends, with the exception of one suit, which will be sold or otherwise
disposed of by,
the Superintendent, in order to recoup the Government for the expense of
providing a
suitable suit of clothes for the prisoner on his discharge.
226. Such additional clothing and bedding may be issued, during severe
weather,
or in special cases, as the Surgeon may deem requisite.
227. A prisoner who has any complaint to make regarding the diet
furnished tp
him, or who wishes his diet to be weighed to ascertain whether he is
supplied with the
authorised quantity, must make his request immediately it is handed to
him, `and it
will be weighed in his presence, and in that of the officer deputed for
that purpose;
but frequent and groundless complaints will be treated as breaches of
gaol discipline
-and punished accordingly.
228. For not more than ten days in each month, for the first six months
of his
imprisonment, each European and American prisoner shall be fed on penal
diet, viz.,
bread and water, with half a pound of rice at midday, and for Chinese and
-Indians
rice ant water only.
14
229. The days on which a prisoner will be on penal diet will not be
continuous,
but divided into ,periods of not more than five days at a time, and no
prisoner on penal
diet will be put to hard labour. °
230. As regards the food of Indian prisoners, the best possible
arrangement is to
be wade, so that they may, not be forced to choose between lose of food
and loss of
caste.
231. European and American prisoners whose sentences do not exceed five
days
will be put on penal diet, those with sentences -of six to fourteen days
will receive two
dints of gruel daily in .addition:
ORDINANCE No.'18 OF 1885.
232. Till-further order reduced penal diet is to be supplied to : -- .
1st. Felons, whom the Superintendent may have reasonable grounds for
supposing to have been previously imprisoned for felony.
2nd. Chinese and India-n prisoners sentenced to fourteen days and under ;
and
3rd. Prisoners who may be reported for breaches of gaol regulations (at
tare
discretion of the Superintendent).
CLASSIFICATION.
233. Prisoners will be classified for location, and the classes will be
kept separate
,from each other so far as the accommodation of the gaol will permit, as
follows:-
(1.) Males,--- '
Hard labour prisoners: First conviction.
Ditto. With two or more convictions.
Prisoners unable to find security for their good behaviour.
Prisoners confined as suspicious or dangerous characters.
Debtors and first class misdemeanants.
On remand and waiting trial: First conviction.
Ori4,remand and waiting trial: With two or more convictions.
Prisoners sentenced to short terms of imprisonment, not exceeding fourteen
days. First conviction.
Prisoners sentenced to short terns of imprisonment, not exceeding fourteen
days: With two or more convictions. _
Boys under sixteen gears of age: First canviction.
Boys under sixteen years o£ age: With two or more convictions.
(2) .I'errtales,-
Hard labour prisoners: First conviction.
Ditto. With two or more convictions.
Prisoners unable to find security for their.good behaviour.
Prisoners confined as suspicious or dangerous characters.
Debtors and first class misdemeanants.
On remand and waiting trial: First conviction.
On remand, and waiting trial: With two or more convictions.
.Prisoners sentenced to short terms of imprisonment, not exceeding
fourteen
days: First conviction.
Prisoners sentenced to short terms of imprisonment,, not exeeedinb
fourteeri
days: With two or more convictions.
Girls under sixteen years of age: First conviction.
Girls under sixteen years of age: With two or more convictions.
ORDINANCE No. 18 oF 1880'.
Prison.
All officers of the prison, must, as far as lies in their power,
endeavour to carry
out this rule, bearing in mind that the object of classification is to
prevent the
contamination by depraved prisoners of prisoners not so depraved; and to
attempt to
ensure that a prisoner shall go out of prison not worse than he came in.
VISITS AND COMMUNICATIONS TO PRISONERS, &C.
234. Convicted prisoners, with the exception of those heretofore
mentioned, after
they have served the first three months, wilt be permitted to write and
receive one
letter every three months; but the Superintendent may permit any prisoner
to write
a special letter, or to see his friends, immediately after conviction, if
for the purpose o£
making arrangements respecting his property, ~~,c.
235. All letters to and from prisoners are to be avail by the
Superintendent, and
shall be forwarded 'or kept back according to the nature of their
contents. Events o£
importance to prisoners may be communicated to them at any period by tbe
Super-
intendent.
236. The privilege of writing and receiving lvttera may be postponed or
forfeited
by misconduct, if so ordered by the Superintendent; but no such order
shall be made
for a period longer than one month from the time of the prisoner's last
report.
237. Convicted prisoners, with the exception of those heretofore
mentioned, shill
be allowed, after the first three months, to see their relations or
friends once in three
months, unless such visits are prohibited by the Superintendent for
misconduct; but
no prohibition shall be made for a period longer than one month from the
time of the
prisoner's last report.
23$. The days and hours for visits to the prisoners shah be fixed by the
Superin-
tendent, and shall be publicly notified at the gates of the prison.
239. If any.prisoner is committed to prison in default of the payment of
any sum
which, in pursuance of any conviction or order, he is required to pay,
such prisoner
shall be allowed to communicate by letter with and to see any of his
friends at any
reasonable time, for the bona fide purpose of providing for the payment
which would
procure his release from prison.
240. In case of very serious illness prisoners will be allowed to see
their relations,
if not objected to on medical grounds.
241. The visits of prisoners' friends will in no case be allowed to
exceed fifteen
minutes, and will always be made in the presence of an officer of the
prison.
242. Officers of Police may visit prisoners for the purpose of
identification, on
production of an order from the Police, or with magisterial authority.
243. Officers of the law, with competent warrants, or orders for serving
writs or
other .legal process on persons within the prison, shall be admitted into
the prison for
that purpose.
1
Prima.
244. All prisoners may petition the Governor once shortly after
conviction if they
wish, but not afterwards unless there are any special circumstances-
which the Superin-
tandem may consider should be brought to the notice of the Governor, or
unless such,
prisoner has been over one year in gaol.
245. No visitor shall be admitted until he has given his name and
address, and
stated his relationship to or connection with the prisoner he wishes to
see, if any; and
these particulars shall be duly recorded.
246. No visits shall be made on a Sunday except in cases of emergency.
247. Prisoners sentenced to penal servitude who hays served two years,
and are
six months clear of report, may receive a visit every two months, and
write and receive-
one letter every two months.
248. The prisoners shall be locked in their cells, at the discretion of
the Superin-
tendent, on Sundays and other days when they are doing no labour; care
being taken
that they have at least one hour's exercise daily.
249. Prisoners sentenced to fourteen days and under will be locked in
their cells
during the whole of their sentence, with the exception of one hour's
daily exorcise.
250. Prisoners detained as dan;erous or suspicious characters, with
previous con-
victions, who cannot find security, shall be locked in their coos. They
shall keep their
cells and cell utensils perfectly clean at all tithes, and shall have one
hour exercise
daily.
251. Male and female prisoners shall always be so confined as to prevent
the
former from seeing, conversing with, or holding any intercourse with the
latter. .
252. A light shall be kept burning constantly throughout the night in
every
wand or division of the gaol in which prisoners shall be confined, but
such light shall
not be placed within reach of the prisoners.
253. No male subordinate officer shall enter the women's prison, unless
ordered
there specially by the Superintendent or warden, or summoned by the
matron for the
purpose of quelling a disturbance, or of giving other assistance.
254. So far as practicable, female prisoners shall be divided hato
classes, and
separated similarly to the male prisoners.
255. They s)aall beep their cells, yard, and wards perfectly clean at all
times.
256. Authorised interviews between female prisoners and their friends
must take
place in the presence of the matron or other officer of the prison.
257. Female prisoners shall be employed at No. 2 hard labour with regard
to
washing their own clothes, and at No. 3 light labour..
ORDINANCE No. 18 of 1883'.
Prison.
268. The child of a female prisoner may be received into prison with its
mother,
provided it is at the breast; and any such child shall not be taken from
its mother
until the Surgeon certifies that it is in a fit condition to be removed.
259. Such child may be supplied with such diet and clothing as may be
necessary,
at the public expense; but, except under special circumstances, no such
child shall be
kept in prison after it has arrived at the age of twelve months.
PRISONERS UNDER SENTENCE OF DEATH.
260. In all cases when sentence of death has been passed on a prisoner,
the warden
shall cause him to be thoroughly searched, and shall remove from him any
article which
it is considered dangerous or inexpedient for him to retain in his
possession.
261. Every prisoner sentenced to death shall be confined in some safe
place within
the prison, apart from all other prisoners, and shall be placed under the
constant
charge and observation of an officer of the prison, both by day and night.
262. The cell or room i1i which a prisoner condemned to death is placed
shall be
previously examined by the Superintendent, who is to satisfy himself of
its fitness and
safety, and record the result of his examination in his journal.
263. The prisoner may be visited by his relations, friends, and legal
advisers, at
his own request; no other person shall have access to him except the
officers of the
gaol, and, if required by him, a minister of the religion to which the
prisoner belongs.
264. All executions are to take place at the tine appointed by the
Governor. The
Superintendent of the gaol will be present and superintend every
execution.
266. If any person make it appear to a Justice of the Peace that he has
important
business to transact with the prisoner, such Justice May grunt permission
in writing to
such person to have a conference with the prisoner.
266. During the preparation for an execution, and the time.of the
execution; no
person shall enter the prison who is not legally entitled to do so,
unless in pursuance
of an rorder in writing from the Superintendent. The officers
superintending the
execution shall, if possible, be decently clothed in black.-
PRISON OFFENCES AND PUNISHMENTS.
26'7. No prisoner shall b© punished under the provisions of the Prisons
Ordinance
of 18$5, either by the Superintendent or by the Superintendent in
conjunction with a
Visiting Justice, until be has had an opportunity of hearing the charges
and evidence
against him, and of making his defence. ,
. 268. Prisoners are bound to obey the orders o£ the; Superintendent,
warden, and
of the subordinate officers who shall be placed over their from time to
time.
ORDIX'ANCE No. 18 of 1885:
Prison.
269. Prisoners are strictly forbidden to have in possesfiion, or to
attempt, to
receive money, tobacco, opium, flint, steel, iron, implements, string,
immoral books,
or any articles not allowed to them by the rules of the prison, or
permitted by the
Superintendent, and they are not to conceal any articles of food about
their persons,
or in any ward or cell.
270. No punishment or privation of any kind shall be awarded except by the
Superintendent or by' the Superintendent in conjunction with a Visiting
Justice.
271. The following acts are declared to be offences against prison
discipline:-
, , 1. Disobedience of the regulations of the prison by any prisoner.
2. Common assault by one prisoner on another.
3. Profane cursing and swearing, and obscene language by any prisoner.
4. Indecent behaviour by any prisoner.
5. Insulting or threatening language by any prisoner, to any officer or
pri-
soner.
6. Idleness or negligence at work by any convicted criminal prisoner.
7. Wilful mismanagement of work by any convicted criminal prisoner.
8. Disorderly conduct by any prisoner.
272. All the above acts are declared to be offences against prison
discipline, and
it shall be lawful for the Superintendent to examine any prisoner
touching such offences,
and to punish them by ordering any offender to be kept in a
punishment-cell for not
more than three days, on bread; or rice and water, or he may deprive a
prisoner of his
,pork for not more than four meals at one time,
273. The Superintendent may deprive any prisoner of his evening meal for
persistent and aggravated idleness, or refusal to labour.
274. The Superintendent ma-, restrain in cross irons often lbs. weight,,
or less, or
in handcuffs, any disorderly or violent prisoner for not longer than
twenty-four hours
at one time; if a longer period than twenty-four hours is required
awritten order must
'be obtained from one of the Visiting Justices for the week, who shall at
once attend
and investigate the case. In case of emergency however the Superintendent
may on
his own responsibility impose the restraints provided by this rule for
such peiiod as
may seem necessary, obtaining''the presence of one of ~ the Visiting
Justices for the
week as soon as possible. The order of such Justice, made on
investigation of the
case, shall indemnify the Superintendent.
275. If any male prisoner is guilty of any of the following offences,
viz. :--
Mutiny or open incitement to mutiny in the prison, personal violence to
any
officer of the prison, aggravated or repeated assault on a fellow
prisoner,-
ropetition of threatening language to any officer or prisoner, and any act
of insubordination requiring to be suppressed by extraordinary means,
the Superinten - ~~'''t shall have the power to sentence the said
prisoner to
corporal punishment not to exceed twelve strokes of the rattan.
ORDINANCE 'No. '18 OF'1885.
It shall be the duty-of the Superintendent to report at once to the
Governor
every case of his exercising the power conferred on him by this section.
276. If any criminal prisoner is guilty of any offence, or of a breach of
gaol
regulations or discipline, for the due punishment of which the
Superintendent of the
;aol may deem the powers vested in him insufficient, it shall be lawful
for such Super-
intendent, in conjunction with a Visiting Justice, after enquiry, to
punish such prisoner
by close or solitary confinement on bread, or rice and water, for a
period not exceeding
fourteen days or in the case of a male prisoner, by personal correction
not exceeding
thirty-six strokes if an adult, nor twelve if a juvenile.
s 277. No dietary punishment shall ho inflicted.on any prisoner, nor
shall he be
placed in a pun ish;nent-cell, nor shall corporal punishment be inflicted
on him, unless
the Surgeon shall certify that such prisoner is in a fit condition of
health to undergo
such punishment.
278. The following offences committed by male prisoners will render them
liable to
corporal punishment-
lst. Mutiny, or open incitement to mutiny in the prison ; personal
violence to
any officer o£ the prison; ao~ravated or repeated assault on a fellow pri-
souer ; repetition.: of insulting, or threatening language to any officer
or
prisoner.
2nd. Wilfully and maliciously breaking the prison windows, or otherwise de-
stroying the prison property.
3rd. When under punishment, wilfully making a disturbance tending to inter-
rupt the order and discipline of the prison, and any .other act of gross
mis-
conduct, or insubordination, requiring to be suppressed by extraordinary
means.
279. Corporal punishment shall be inflicted on the breech, with a rattan
o£ a pattern
to be approved by the Governor on the recommendation of the medical
officer.
2~0. No prisoner who shall be sentenced to solitary confinement by any
Court will
be kept in such confinement more than seven days without an interval
of,~one day out.
EMPLOYMENT OF PRISONERS.
CLessES OF LABOUR.
281. NO. 1.~--Penal or rigorous hard labour.
(1.) Shot drill and stone carrying in alternate spells of half an hour
each,
weight of shot 24 tbs., weight of stone 45 rids.
(2.) Crank labour in a separate cell, ttzsk,,12; ?vf~'~ ~ evolutions
daily, (121bs, test).
(3.) Treadvvheel.
ORDINANCE No. IS. or 1885:
No. 2.-Industrial hard labour.
(1.) Employment on public works outside the gaol. Crank labour in a
separate
cell, task, 10,500 revolutions daily, (12 ibs. test).
(2.) Combinations of shot drill and oakum picking, 4 lb-
Combinations of stone carrying and oakum picking, 4 lb.
Combinations of crank labour 6,000 rev. (12 tbs. test), oakurii
picking, I lb.
(3.) Washing clothes in the gaol, making coir matting and heavy coir mats.
No. 3.-Industrial light labour.
(l.) Ironing and mangling clothes.
(2.) Making frame, coir, and grass mats.
.
(3.) Carpentry, Coopering, Tinsmith's work.
(4.) Tailoring, Cooking, Cleaning, Printing, Hospital Attendance, &c.
(5.) Oakum picking (l j, lb.).
PENAL SERVITUDE PRISONERS.
282. Where separate confinement is not possible, prisoners sentenced to
penal
servitude * will pass the first six Months of their imprisonment at No. 1
penal labour, ,after
which they will be employed for the remainder of their imprisonment
at-'No. 2 industrial
hard labour, either inside or outside the gaol ; but principally on
public works. '
283. Prisoners sentenced to penal servitude *' whom the Surgeon excuses
will be
omployed on industrial hard or light labour as he may direct.
HARD LABOUR PRISONERS.
284. Every male prisoner of sixteen years of age and upwards whose
sentence is
three months hard labour and under, but more than fourteen days, shall
pass the whole of
his imprisonment at No. 1 penal labour.
285. Every male prisoner of sixteen years of age and upwards sentenced to
hard
labour shall be kept at No. 1 penal labour for the first three months of
his sentenct. At
the expiration or that term he shall, if he has conducted himself fairly
well, be placed at
No. 2 industrial hard labour.
04
286. Every male prisoner under the age of sixteen years sentenced to hard
labour
shall be kept for the first three months of his sentence at No. 2 hard
labour.
287. When a prisoner sentenced to hard labour has been three months at
No. 2
industrial bard labour, he shall, if his conduct has been good, be placed
at No. 3 industrial
light labour.
288. All hard labour prisx~ ' s who shall be excused by the Surgeon will
be employed
~v
at either industrial hard or light labour as he may, direct.
ORDINANCE No. 18 op 1885.
289. European prisoners will not be employed at stone carrying, but will
perform
the combination of shot drill and oakum picking instead.
299. If a male prisoner shall misconduct himself, the Superintendent may
either
keep him at No. L penal labour for any extra term not exceeding three
months at any
one time, or he may send him back from the second class or third class
for the same term
291. The hours of labour will not be less than six or more than ten
daily, exclusive
of meals.
292. No work shall be done beyond what is necessary on Sunday, Good Friday
Christmas Day, or Chinese New Year's Day.
293. Jewish prisoners shall not be compelled to work on Saturdays if they
claim
exemption, but shall be kept in separate confinement on that day and
Sunday. They
may also keep such other festival days as may be from time to time
allowed by the
Governor.
294. Indian prisoners are not to be put to any lal)our which may really
cause then-I
loss of caste.
295. Convicted criminal prisoners not sentenced to hard labour wilt be
emyloyed at
No. 3 light labour.
296. As soon as the gaol accommodation shall pel'mjt of it, prisoners
committed
to gaol for breaches of nasal and military discipline shall be 'kept
separate from civil
prisoners.
RULES FOR THE MANAGEMENT OF PRISONERS
ON PUBLIC WORKS.
PRISONERS.
297. The prisoners shall be divided into parties not exceeding sixteen
men and
each party shall be known by a number.
298. Each party shall be under the charge of an assistant turnkey armed
with a
short sword for his defence, who shall have the number of his party oii a
badge affixed
to.his left arm ; and the whole .of the parties shall be under the charge
of a head
turnkey armed with sword and revolver, who shall be assisted by a turnkey
armed in
the same manner.
299. The prisoners will work in coupling chains of about twelve feet
long, fastened
by means of anklets and padlocks.
000. If the work is near the gaol, the prisoners shall be marched in to
their mid-
day, (meal at noon, but if at too great a distance from to gaol, the meal
will be sent to
them.
ORDINANCE No.. 18 of
Prison.
341. The prisoners will breakfast at about 6.20 A.m., and leave the gaol
for their
work at about 7 A.m., rest one hour for their mid-day, meal from 12 to 1,
and knock off,
work in the afternoon so as to reach the gaol at v P.m. (nine hours
daily, including
marching in and out).
302. On Saturdays; the prisoners will work until noon.
303. Their mil-day meal will consist of 1.2 pint of rice congee thickened
with
cheap meat.
304. Any prisoner with a longer sentence than eight years may be kept at
work
within the prison until he bas served one-third of such sentence.
OFF ICER,s.
305. In addition to the head turnkey in charge of the prisoners, the
turnkey to
assist him, and the assistant turnkeys in direct charge of the parties,
three or four
Sikh guards shall ,be posted in conspicuous ,positions round the works,
armed with,
loaded rifles, to prevent escapes.
806. The head turnkey will be continually on the alert during the day,
repeatedly
visiting the parties in his charge, and ascertaining that all is correct
or otherwise. He
will take discreet measures to prevent the escape of prisoners, and to
effect their recap-
ture if they are successful in escaping. He will carefully observe the
officers under his
charge, and report weekly to the Superintendent of the Gaol on their
efficiency in the
management of their parties. He will enter in a book the number of
parties, number
of prisoners, and the names of the officers under his charge, with the
mine of the
district where working, and the description of labour. He will be
responsible to the
Surveyor General for all the tools used by the prisoners. He shall on no
account
allow people to loiter near the prisoners while at work, or to converse
with the officers.-
307. The turnkey shall consider himself to be under the command of the
head
turnkey, and shall assist him in the performance of his duties. He shall
move about
contiumilly among the parties, kdeping a watchful eye oil both officers
and prisoners:
When heeded he shall take charge of detached parties, and shall at such
tiines use
great discretion in the disposal of his officers so as to prevent the
escape of any prisoners,
remembering that their safe custody should be his first care.
308. The assistant turnkeys in charge of parties must remember always
that the
safe custody of the prisoners is their first care. They shall therefore
place themselves
when on the works so as at all times to command a good view of their men;
they shall
repeatedly count their prisoners during the day, and never turn their
backs toward
them, and shall on no account use a spade, pick, or any other tool, so as
to place them.
,selves at a disadvantage with regard to the prisoners.
309. The assistant turnkeys shall be careful to ascertain that the
anklets, chains,
and padlocks are in proper order, and shall minutely examine them before
leaving the
gaol, when knocking off work=for the mid-day meal, and before returning
to the-gaol
in the evening. _
ORDINANCE No. 18 oF. 1885.
310. In the event of a prisoner's attempting to escape, the officer in
charge of his
party will blow his whistle to attract the attention of the other
officers, and will then
fall-in the remaining prisoners of his party and await instructions from
the head
turnkey.
311. The head turnkey, the turnkey, and the Sikh guards will not fire at
an escap-
ing prisoner unless his escape cannot be prevented by any other means;
and even then
will only endeavour to disable him, remembering that loss of life is to
be avoided if
possible.
312. The assistant turnkeys will keep a book in which they will elder the
numbers,
names, and sentences of the prisoners of their respective parties, making
special re-
marks as to the industry of each prisoner, and they will be responsible
to the head
turnkey for the tools used by their parties.
REMISSION OF SENTENCES, AND REWARDS UNDER THE MARK SYSTEM.
313. The time which every prisoner with a sentence of twelve months and
upwards
must pass in prison will be represented by a certain number of marks,
which he must
earn by actual labour perforwed before he can be discharged.
314. No remission will be granted for conduct. It is only on condition of
good
conduct and strict obedience that prisoners are allowed to earn by their
industry a
remission of a portion of their sentence. If, therefore, their conduct be
indifferent or
bad, they will be liable to be fined a certain number of marks, according
to the nature
and degree of the offence, and will then forfeit by misconduct the
remission which they
have earned by their industry.
315. The marks will be given according to the following scale---
(a.) 6 marks a day for zealous and steady 'hard laboilr.
(b.) 5 marks for a less degree of industry.
(c.) 4 marks for a moderate day's work.
316. The prisoner's marks will commence at the termination of the penal
stage.
317. On the admission of a prisoner with a sentence of twelve months and
up-
wards, such sentence will be reduced to days, which will be multiplied by
four, thin
giving the number of marks he is compelled to earn before his,diseharge;
thus, take
the twelve months sentence, 365 days multiplied by four will give 1,460,
the number of
marks he must earn-at the rate of four a day to complete the whole of his
sentence.
318. If by his industry the prisoner gains fix marks a day, and does foot
lose any,
for misconduct, ye earns the full remission of one-third allowed by the
Governor.
319. On Sundays marks will be allowed for conduct alone. Except under
special
circumstances where injury has accidentally resulted while on prison
work, a prisoner
will get only five marks a day during the time he is in hospital.
Prisoners on light
labour by order of the Surgeon will not get more than five mnarks~a day.
320. Prisoners who by their misconduct forfeit the whole of their
remission, will
be liable to be kept in separate confinement during the last 6 months of
their sentence.
321. The prison officers will be supplied with books in which they will
outer each
.evening the marks each prisoner has earned during the day.
OrMNANCE ~ No. 1$ of 1¢x$5:
P' ison.
322. When a prisoner is sentenced to forfeit 'ally marks which he has
gained, the
sentence should state the exact number of marks he is to lose, as, to
forfeit six marks.
323. Extra marks may be given by the Governor, on the recommendation of
the
Superintendent, for special services such as:-
(a) Giving information of plots.
(b.) Protecting gaol officers or prisoners from attach, or protecting
them from
w imminent danger.
(c,) Preventing escapes, fires, &c.
(d.) Preserving' order in case o£ disturbance. '
324. Marks will be forfeited by prisoners for misconduct according to the
punish-
ment inflicted, generally at the rate of
8 Marls for one day solitary confiEiemeut on bread or rice and water,
for ono day bread or rice and water,
for one day reduced penal diet,
6 for one meal stopped,
4 for one pork ration stopped,
4 for one meal bread or rice and water,
72 for a flObg111g.
32v. I£ a prisoner is reconvicted before the period of his remission has
expired, he
will be allowed to earn only five marks axday instead of six, and if he
is reconvicted
,twice before the expiration of the period of remission, he will be
allowed to earn no
remission. _ a
326. All convicted criminal prisoners with sentences of twelve months and
upwards
who shall be employed at remunerative labour, will be allowed to earn a
small gratuity
at the rate of ono cant for overt' six marks, but the whole gratuity for
any one prisoner
is not to exceed $10. Such gratuity shall be paid at the tine of
discharge. In for-
feiting marls for misconduct the proportionate amount of gratuity will
also be for-
feited.
327. Convicts will not be allowed to earn any gratuity until they have
served the
first six months either in separate confinemeot~or at No. 1 hard labour.
328. The name of every convict under a life sentence who has served
fifteen years
of his sentence, or having served ten years of his sentence has attained
or is believed
in the absence ~71 positive evidence to have attained the age of sixty,
shall be submitted
for the consideration of the Governor in Executive Council. This rule
will be
communicated to every such convict now in prison, and to any other on
first reception
into prison, but each must be made to distinctly understand that such
submission in
.
no way implies that any remission of sentence will necessarily be granted.
SEPARATE CONFINEMENT.
3?9. Where the gaol accommodation admits of it, all male penal servitude
pri=
Boners shall be required to pass the first six montlo of their
imprisonment in separate
confinement.
0 RFaINANCEi No. 1.9 oF 1985.
Prison.
830. Penal servitude-prisoners will be allowed one hour daily to exercise
in .the
open air under the supervision of an officer; who will see that the
prisoners do not con-
verse together, either in going to the yard, while at exercise, or in
returning to their
cells. r
331. Such prisoners are to keep their cells and utensils perfectly clean
at all times,
and will be employed at crank labour, picking oakttrn, making or mending
clothes, shoe
making or mending, &c.
332. Such ~ prisoners shall on no account communicate or hold
conversation with
any other prisoner, but shall at all times observe the strictest silence.
333. Such prisoners shall be permitted to write a letter on admission, if
they wish
it, to inform their friends of their whereabouts; but, with this
exception they shall not
write or receive a letter, or receive a visit during the six months of
their separate
confinement.
334. Felons, whom the Superintendent may have'reasonable grounds for
suppos-
ing to have been previously imprisoned for felony, when sentenced to
terms of hard
labour will be required to pass a certain time in separate confinement
from one to sir
months according to the number of their previous convictions, and their
conduct while
in gaol.
335. Violent and disorderly prisoners may be placed in separate
confinement at the
discretion of the Superintendent for terms not exceeding seven days at
one time.
336.
SCALE OF DIET FOR EACH EUROPEAN OR WHITE PRISONER.
Dietary for each European or White prisoner in Victoria Gaol,'Hongkong.
BREAKFAST,
Bread, . ............
Gruel, . .. . .........
Bread, ............
Bread, . ............
Potatoes, . .........
Meat, .............
Soup, . .. ,:........
Bread,
.
DINNER, . Soup,
Suet Pudding,
Bread, .
Rice, (common)
Fish, 12 oz.
Curry Stuff, . . %;drs.
Bread, : 6 oz.
SUPPER, ............
Gruel, 1 pint
Fuzz DIET.
6 oz._
1 pint
6 oz. ~ Monday,Wednesday, and Friday.
1 pint
4 oz.
10 oz. Monday, Wednesday, and Friday.
6 oz.
I pint
4 oz.
. 1 pint Tuesday, Thursday, and Saturday.
. -1 fib.
4 oz.
8 oz. Sunday.
Sunday, Tuesday, Thursday, Saturday.
It is understood that these measures are for uncooked provisions, except
in
the case of made-up articles of diet; and meat is understood to- be with-
out bone.
ORDINANCE No. 18 -or `1885.
your.--Each pint to contain 4 oz. Meat without bone, 1 oz. Onions, 1 oz.
Barley-, 4 oz.
Greens, Yams, Sweet Potatoes or Taro, with Pepper and Salt.
e
GRUEL.-Each pint to contain 2 oz. Oatmeal, 1 oz. Molasses, and sufficient
Salt.
COCO.A.=Each pint to contain 4 oz. Flake Cocoa or Nibs, 1 oz. Molasses or
Sugar.
SUET PunDirra.---To every pound 12 oz. Suet, d2 oz. Flour, 8 oz. Water.
Ctr~My STUFF.--Chillies 32 drs., Pepper 12 dr., Turmeric 4 dr., Coriander
Seed 4 ur.
Cumtnin Seed 1dr., and Oil 2',oz.,
TEA.--Each pint to contain l oz. Tea, 4 oz. Sugar..
Daily Ration for each European or white debtor and First-class
Hisdemeanant.
Bread, . , : . . . . .. . .. . . . .. . ... ... . ... . . ... . . . . . . . . .
. . . . . ... ... . ... . . .1 lb. 4 oz.
Beef, Mutton or Pork, without bone (6 days a week) , t
... ...... ......... ... ... 8 oz
Fresh Fish (once a week), ................ : ...... 14 oz.
Beef for Soup, .................. , .. 8 oz.
Potatoes (3 dais a week), ....... , : $ oz:
Vegetables (3 days a week), 8 oz
.~White Rice (1 day), . :: ~ ,. 8 oz.
°y Suet Pudding-(once a week), , 1 1b.
Oatmeal- for Gruel (once a week), ,
:, .. , ...... ... .................. ... ... 2 oz.
1
Salt (fine), . , .e , , 2 oz.
Curry Stuff (once a week) ' .. ... ... .. . .. .. , : ... ... : ... ... .' ... ... ... 71
at
.
2
Soup, Suet Pudding, and Curry Stuff to be made as in recipe for other pri.
soners, except that Beef, 8 oz., is allowed in this class.
Ordinary penal diet for each Eurcpean or white priso7aer.
F
BxEagFAST.---Bread, . : ~ 8 oz.
DzrrNmn.--Rice (common) , ; , 8 oz.
4
8 oz.
NoTE..--A.ny prisoner sentenced to more than v ~ daSs' penal diet have
one pint of
gruel at breakfast and supper.
SCALE OF DIET FOR
INESE AND COLOURED PRISONERS.
CLASS OF PRISONERS. ~CObibtON OIL. FRESH FISH. ~ VEGETABLES. CHUT TEA. SALT. - REMARKS.
RICE. SALT FISH. NEy.
1. Male ,prisoners with senten- '~ 4 oz., 3 oz., I lb. 6 oz.,
ees over 6 months, iemand, I lb. 8 oz. Q oz. 3 days a ° 2 days a 2 clays a I2 oz. ~ oz. ~ oz. ,
and for trial, -, , week. week, week.
2: Male prisoners with senten- ~
ces of 6 months and under, I ~, p oz. ~ oz. 3 days a 2 days a 2 daps a 1 oz. ~ oz. ~ oz.
but over L4 days, .. week. week. l week.
3. Female prisoners with~seri'
tences over 14 'days,- and 4 oz.,- 2 oz., 1 i~.,
boys under 16'with senten. 1 3b, 4 oz. 2 oz. 3 days a 2 days a 2 days a I oz. ~ ~ oz, ~ oz,
-
ces, above 6 months; ;:..;: meek, week. week,
4. Debtors, and first-class mis- 1 1b, Ipoz. oz. alternate alter 1 1b. 1 oz, ~ 1 oz. ~ oz. 4 oz. pork
daily.
~ ~ cate ~ 6 oz., ~ ~
y
,.: days. days. daily
demeanants, ;
5: Penal diet, , ;: , 1'lb. 8 oz. ... ... ~ ... , ~ oz.
6. Reduced penal diet, , 1 lb. 2 oz. ..i ( ~ ... ~ .. , ~ oz.
'f: Punishment diet, .,....: .... 12 oz. ... '' ... ... ~ .., ~ ... ,., ~ oz.
The above represents the quantity for two meals, morning and evening. 2 oz, of rice will be deducted
from each prisoner in No, 1, 2 and
3 dud made into coupes. 1 pint of which is to be served at mid-clay.
Chinese prisoners sentence4 to penal servitude will have 4 oz. pork, once a week, after they have
served the first 6 months of their
imprisonment. Prisoners sentenced to penal servitude who are excused hard labour by the Surgeon and
placed on No. 3 light labour will not
be allowed pork, except when ordered in special cases by the Surgeon.
Prisoners employed on public works will receive the same diet as penal servitude prisoners. When
employed at places where the drinking
water is liable to drainage pollution, they may be supplied with rice-water coupes to drink; l i oz.
of rice to each pint of water.
Ordinance No. 18 of 1885.
Prison.
Note.--For- rules, regulations, orders in Council under this
Ordinance which have been
ezuperseded, cancelled or repealed, see infra.
Generizl rules arid regulations under sec. 6 of Ordinance 10 of 1858 arid
section 17 of
the above Ordinance of the 18th November, 1885, $ee Gazette 21st of same
month.
Order altering scale of diet for Chinese, and coloured pr soner8 under
section 17 of
the 10th February, 1886, Gazette 13th of same month. -
Orderr altering scale of diet for Chinese, &c., under section 17 of the
25th June,
1888, Gazette 28 of same month.
Additional rule under section 17 of the 14th January,1887, Gazette 16th
of same
month. t
Rule altering scale of diet for Chinese, etc., of the 14 th January, .T
88 7, Gazette
16th of same month.
General rules and regulations under section 17 of the 1 7th December, .f
88 7, Gazette
24th of same month.
Additional rules and regulations under section 1 7 of the 13th June,
1882, (Fetters,)
Gazette 22nd of the same month.
1899
[See Amendment Ordinance No. 13 of 1889.]
Governor may make orders in certain matters.
Victoria Gail deemed a prison.
Present officers to be deemed appointed under this Ordinance.
Superintendents.
Custody of prisoners.
1900
Separation of prisoners.
1901
Cells to be approved the Governor.
Hard labour.
1902
Misdemeanants of the 1st and 2nd divisions.
Aiding in escape.
Introduction of prohibited articles into prison.
1903
Conveying documents or articles out of a prison.
Superintendent to notify penalties for breaches of the 3 preceding sections.
Inquest to be held on a death in prison.
Certain persons disqualified from serving as a juror at such inquests.
Protection of persons against acts done under this Ordinance.
Offences except felonies to be prosecuted summarily before a Magistrate.
Governor in Council may make rules.
[See Ord. No. 13 of 1889.]
1904
Governor to appoint Visiting Justices.
Repeals.
Commencement of Ordinance.
1905
1906
1907
1922
[*Wuery: Rule 168. 3.]
1923
[*This reference appears to be a mistake: see rule 158.]
1924
[*See Rule 158.]
1925
1934
[*See Ordinance.
No. 10 of 1887.]
1942
Abstract
1899
[See Amendment Ordinance No. 13 of 1889.]
Governor may make orders in certain matters.
Victoria Gail deemed a prison.
Present officers to be deemed appointed under this Ordinance.
Superintendents.
Custody of prisoners.
1900
Separation of prisoners.
1901
Cells to be approved the Governor.
Hard labour.
1902
Misdemeanants of the 1st and 2nd divisions.
Aiding in escape.
Introduction of prohibited articles into prison.
1903
Conveying documents or articles out of a prison.
Superintendent to notify penalties for breaches of the 3 preceding sections.
Inquest to be held on a death in prison.
Certain persons disqualified from serving as a juror at such inquests.
Protection of persons against acts done under this Ordinance.
Offences except felonies to be prosecuted summarily before a Magistrate.
Governor in Council may make rules.
[See Ord. No. 13 of 1889.]
1904
Governor to appoint Visiting Justices.
Repeals.
Commencement of Ordinance.
1905
1906
1907
1922
[*Wuery: Rule 168. 3.]
1923
[*This reference appears to be a mistake: see rule 158.]
1924
[*See Rule 158.]
1925
1934
[*See Ordinance.
No. 10 of 1887.]
1942
[See Amendment Ordinance No. 13 of 1889.]
Governor may make orders in certain matters.
Victoria Gail deemed a prison.
Present officers to be deemed appointed under this Ordinance.
Superintendents.
Custody of prisoners.
1900
Separation of prisoners.
1901
Cells to be approved the Governor.
Hard labour.
1902
Misdemeanants of the 1st and 2nd divisions.
Aiding in escape.
Introduction of prohibited articles into prison.
1903
Conveying documents or articles out of a prison.
Superintendent to notify penalties for breaches of the 3 preceding sections.
Inquest to be held on a death in prison.
Certain persons disqualified from serving as a juror at such inquests.
Protection of persons against acts done under this Ordinance.
Offences except felonies to be prosecuted summarily before a Magistrate.
Governor in Council may make rules.
[See Ord. No. 13 of 1889.]
1904
Governor to appoint Visiting Justices.
Repeals.
Commencement of Ordinance.
1905
1906
1907
1922
[*Wuery: Rule 168. 3.]
1923
[*This reference appears to be a mistake: see rule 158.]
1924
[*See Rule 158.]
1925
1934
[*See Ordinance.
No. 10 of 1887.]
1942
Identifier
https://oelawhk.lib.hku.hk/items/show/484
Edition
1890
Volume
v4
Cap / Ordinance No.
No. 18 of 1885
Number of Pages
44
Files
Collection
Historical Laws of Hong Kong Online
Citation
“PRISON ORDINANCE, 1885,” Historical Laws of Hong Kong Online, accessed March 4, 2025, https://oelawhk.lib.hku.hk/items/show/484.