GAOL REGULATION ORDINANCE
Title
GAOL REGULATION ORDINANCE
Description
Goal Regulation.
No. 1 of 1853.
An Ordinance for the Regulation of the Gaol of Hongkong.
[20th September, 1853.]
WHEREAS it is desirable that certain rules prescribed for
the government of the. .
gaol of Houg1-ong receive the sanction of a Legislative enactment, that
certain
penalties be provided for the breach of such rules, and that provision be
made for thei.a _: .
future modification ,and improvement: Be it therefore enacted and
ordained by His -. -
Excellency the Governor of Hongkong, with the advice of the Legislative
CounGiL:.
thereof, as follows :
ORDINANCE No. 1 of 185 1.
Gaol Regulation.
1. The rules now in use for the regulation of the gaol at Hongkoug shall
continue
in force until modified as hereinafter provided, and a copy of the said
rules shall be
continually displayed within the said gaol in some conspicuous place
where they may
be with facility seen and read by the inmates of the said gaol, and a,
copy shall also be
appended to the Justices' Visiting Book in the said gaol.
2. Any three Justices of the Peace for the said Colony having met
together for
the purpose of considering any proposed modification of the said rules,
having also
previously, given notice of their intention to the sheriff and to the
other Justices of the
Peace then in the Colony, may alter or add to such rules, sending
forthwith to His
Excellency the Governor a copy of such alterations, or additions; and
such alterations
or additions shall be of equal force with the former rules until His
Excellency the
Governor in his Legislative Council shall signify his disapprobation of
them, whereupon
the said alterations and additions shall be of no force or effect:
Provided that it shall
not be in the power of the said Justices to impose any greater penalties
for any breach
of any prison rule than are hereby provided.
3. It shall be lawful for the sheriff to punish by imprisonment in a
solitary or
refractory cell for not exceeding three days, on bread and water, or rice
and water, (or if
the prisoner be under conviction of felony, to punish by moderate
corporal punishment
not exceeding twelve strokes), any prisoner whom be may find after du
vestigation
to have been guilty of any of the following offences, or of any breach of
prison
regulation or discipline:-
Assault and battery.
Profane cursing, or, swearing, or using indecent language.
Indecent, irreverent, or disorderly behaviour.
Idleness or negligence in work, or wilful damage or mismanagement of it.
Wilful damage to any cell, ward, or room, or to any gaol furniture or
property
whatever.
4. If a prisoner be guilty of any of the above offences, or of a breach
of gaol
regulations or discipline for the due punishment of which the sheriff may
deem the
powers vested in him insufficient, it shall be lawful for the sheriff in
conjunction with
any Justice of the Peace for the said Colony, after due inquiry, to
punish such prisoner
by close or solitary confinement, on bread and water, or rice and water,
for not
exceeding fourteen days; or if the prisoner be under conviction for
felony or have
within three months next previous been guilty of a similar offence, by
personal
correction not exceeding thirty-six strokes.
5. Any person who shall convey, or cause to be conveyed into any prison,
or in
any manner to or within the reach of any prisoner whether within the gaol
walls or
without, any disguise, instrument, or arms to facilitate the escape of
any prisoner,
shall, on conviction before the Petty Sessions, be subject to
imprisonment with hard
labour for a period not exceeding six months. Provided nothing herein
contained
Rball be deemed or taken to prevent such person from being proceeded
against by
indictment-if thought necessary.
27 r .
Gnol rules rtolr
in use to cou-
tluue.
Copy of rules to.
he llnng up I'll
gaol.
Any three Jus-
tices of the
Pence may,
amend rules.
Power of sheriff
to punish re-
fractory prison-.
ors.
Powers of sherif
and Justices of
the Pence where
those of sheriff
are insufficient.
Assisting pri-
soners to esenpe..
ORDINANCE No. 1 of 1853.
Gaol Regulation.
snpysnR pri: 6. If any person shall introduce into any prison, or
wilfully convey in any manner
,snuera Wtth pro-
nihltaa articles, to or within the reach of any prisoner whether within or
without the gaol walls, any
intoxicating drink, tobacco, opium, letters, or other thing whatsoever,
without the
consent of the gaoler, he shall pay a penalty of not exceeding five
pounds sterling to
be recovered in a summary manner before any Justice of the Peace under
the provisions
of Ordinance No. 10 of 1844.
Prisoners ant
wnmptying with
the terms oPa
conditional par-
vLon may be ro-
cnmmitte<l.
what ttencrlp-
A1on of labour
to follow certain
sentences of the
Courts of.) ustt-
.oe.
Indemnity
clause.
'l. If any prisoner have been released from confinement under any
conditional
pardon granted by His Excellency the Governor, and have failed to fulfil
such conditions,
it shall be lawful for any gaoler or constable to apprehend the said
prisoner, and to
convey him together with the original warrant of commitment before any
Justice of
the Peace, and such Justice, on being satisfied that the conditions of
release have not
been complied with, may in his discretion record a minute of the same on
the warrant;
after which the warrant shall have the same force and effect as if such
pardon or
remission had not been granted; but the Justice shall in every such case
report his
proceedings to His Excellency the Governor.
$, When any Magistrate or Court shall sentence a prisoner to hard labour,
this
shall be understood to mean hard labour (in chains i£ necessary) within
or without
the prison lls, in such mode as the gaoler under the sanction of the
sheriff may
appoint; anf a prisoner be sentenced to hard labour within the prison,
this shall be:
understood to mean similar labour imposed in a similar manner within the
prison
walls; and if a prisoner be sentenced to imprisonment, this shall be
understood. to
mean imprisonment with labour of such light description within the prison
walls as.
may be appointed by the gaoler under the sanction of the sheriff ; and
persons charged
with any crime or offence, confined for want of sureties, shall be under
the same re-
gulations as t® labour as those sentenced to simple imprisonment, and if
prisoners for
debt, or on civil process, or under committal for trial, shall request to
be employed in
labour, the gaoler may, with their consent, employ there in such work as
may seem to
him suitable. '
9. No action or proceeding at law shall be brought against any sheriff,
gaoler; or
other officer o£ the said gaol for any act heretofore done by them, or
any of them in.,
enforcing discipline therein.
[Repealed by Ordinance No. 4 of 1868.E
1 oT1s.-.I?egulations for the gozergrnaent of the Victoria Gaol appear to
have 6~m
made and approved under dais Ordinance on tire 11th May 1857 a~it~
26th June 1857, respectively, but not to have been gazetted.
276
Title.
Preamble.
Gaol rules now in use to continue. Copy of rules to be hung up in gaol.
Any three Justices of the Peace may amend rules.
Power of sheriff to punish refractory prisoners.
Powers of sheriff and Justices of the Peace ehere those of sheriff are insufficient.
Assisting prisoners to escape.
Supplying prisoners with prohibited articles.
Prisoners not complying with the terms of a conditional pardon may be recommitted.
What description of labour to follow certain sentences of the Courts of Justice.
Indemnity clause.
No. 1 of 1853.
An Ordinance for the Regulation of the Gaol of Hongkong.
[20th September, 1853.]
WHEREAS it is desirable that certain rules prescribed for
the government of the. .
gaol of Houg1-ong receive the sanction of a Legislative enactment, that
certain
penalties be provided for the breach of such rules, and that provision be
made for thei.a _: .
future modification ,and improvement: Be it therefore enacted and
ordained by His -. -
Excellency the Governor of Hongkong, with the advice of the Legislative
CounGiL:.
thereof, as follows :
ORDINANCE No. 1 of 185 1.
Gaol Regulation.
1. The rules now in use for the regulation of the gaol at Hongkoug shall
continue
in force until modified as hereinafter provided, and a copy of the said
rules shall be
continually displayed within the said gaol in some conspicuous place
where they may
be with facility seen and read by the inmates of the said gaol, and a,
copy shall also be
appended to the Justices' Visiting Book in the said gaol.
2. Any three Justices of the Peace for the said Colony having met
together for
the purpose of considering any proposed modification of the said rules,
having also
previously, given notice of their intention to the sheriff and to the
other Justices of the
Peace then in the Colony, may alter or add to such rules, sending
forthwith to His
Excellency the Governor a copy of such alterations, or additions; and
such alterations
or additions shall be of equal force with the former rules until His
Excellency the
Governor in his Legislative Council shall signify his disapprobation of
them, whereupon
the said alterations and additions shall be of no force or effect:
Provided that it shall
not be in the power of the said Justices to impose any greater penalties
for any breach
of any prison rule than are hereby provided.
3. It shall be lawful for the sheriff to punish by imprisonment in a
solitary or
refractory cell for not exceeding three days, on bread and water, or rice
and water, (or if
the prisoner be under conviction of felony, to punish by moderate
corporal punishment
not exceeding twelve strokes), any prisoner whom be may find after du
vestigation
to have been guilty of any of the following offences, or of any breach of
prison
regulation or discipline:-
Assault and battery.
Profane cursing, or, swearing, or using indecent language.
Indecent, irreverent, or disorderly behaviour.
Idleness or negligence in work, or wilful damage or mismanagement of it.
Wilful damage to any cell, ward, or room, or to any gaol furniture or
property
whatever.
4. If a prisoner be guilty of any of the above offences, or of a breach
of gaol
regulations or discipline for the due punishment of which the sheriff may
deem the
powers vested in him insufficient, it shall be lawful for the sheriff in
conjunction with
any Justice of the Peace for the said Colony, after due inquiry, to
punish such prisoner
by close or solitary confinement, on bread and water, or rice and water,
for not
exceeding fourteen days; or if the prisoner be under conviction for
felony or have
within three months next previous been guilty of a similar offence, by
personal
correction not exceeding thirty-six strokes.
5. Any person who shall convey, or cause to be conveyed into any prison,
or in
any manner to or within the reach of any prisoner whether within the gaol
walls or
without, any disguise, instrument, or arms to facilitate the escape of
any prisoner,
shall, on conviction before the Petty Sessions, be subject to
imprisonment with hard
labour for a period not exceeding six months. Provided nothing herein
contained
Rball be deemed or taken to prevent such person from being proceeded
against by
indictment-if thought necessary.
27 r .
Gnol rules rtolr
in use to cou-
tluue.
Copy of rules to.
he llnng up I'll
gaol.
Any three Jus-
tices of the
Pence may,
amend rules.
Power of sheriff
to punish re-
fractory prison-.
ors.
Powers of sherif
and Justices of
the Pence where
those of sheriff
are insufficient.
Assisting pri-
soners to esenpe..
ORDINANCE No. 1 of 1853.
Gaol Regulation.
snpysnR pri: 6. If any person shall introduce into any prison, or
wilfully convey in any manner
,snuera Wtth pro-
nihltaa articles, to or within the reach of any prisoner whether within or
without the gaol walls, any
intoxicating drink, tobacco, opium, letters, or other thing whatsoever,
without the
consent of the gaoler, he shall pay a penalty of not exceeding five
pounds sterling to
be recovered in a summary manner before any Justice of the Peace under
the provisions
of Ordinance No. 10 of 1844.
Prisoners ant
wnmptying with
the terms oPa
conditional par-
vLon may be ro-
cnmmitte<l.
what ttencrlp-
A1on of labour
to follow certain
sentences of the
Courts of.) ustt-
.oe.
Indemnity
clause.
'l. If any prisoner have been released from confinement under any
conditional
pardon granted by His Excellency the Governor, and have failed to fulfil
such conditions,
it shall be lawful for any gaoler or constable to apprehend the said
prisoner, and to
convey him together with the original warrant of commitment before any
Justice of
the Peace, and such Justice, on being satisfied that the conditions of
release have not
been complied with, may in his discretion record a minute of the same on
the warrant;
after which the warrant shall have the same force and effect as if such
pardon or
remission had not been granted; but the Justice shall in every such case
report his
proceedings to His Excellency the Governor.
$, When any Magistrate or Court shall sentence a prisoner to hard labour,
this
shall be understood to mean hard labour (in chains i£ necessary) within
or without
the prison lls, in such mode as the gaoler under the sanction of the
sheriff may
appoint; anf a prisoner be sentenced to hard labour within the prison,
this shall be:
understood to mean similar labour imposed in a similar manner within the
prison
walls; and if a prisoner be sentenced to imprisonment, this shall be
understood. to
mean imprisonment with labour of such light description within the prison
walls as.
may be appointed by the gaoler under the sanction of the sheriff ; and
persons charged
with any crime or offence, confined for want of sureties, shall be under
the same re-
gulations as t® labour as those sentenced to simple imprisonment, and if
prisoners for
debt, or on civil process, or under committal for trial, shall request to
be employed in
labour, the gaoler may, with their consent, employ there in such work as
may seem to
him suitable. '
9. No action or proceeding at law shall be brought against any sheriff,
gaoler; or
other officer o£ the said gaol for any act heretofore done by them, or
any of them in.,
enforcing discipline therein.
[Repealed by Ordinance No. 4 of 1868.E
1 oT1s.-.I?egulations for the gozergrnaent of the Victoria Gaol appear to
have 6~m
made and approved under dais Ordinance on tire 11th May 1857 a~it~
26th June 1857, respectively, but not to have been gazetted.
276
Title.
Preamble.
Gaol rules now in use to continue. Copy of rules to be hung up in gaol.
Any three Justices of the Peace may amend rules.
Power of sheriff to punish refractory prisoners.
Powers of sheriff and Justices of the Peace ehere those of sheriff are insufficient.
Assisting prisoners to escape.
Supplying prisoners with prohibited articles.
Prisoners not complying with the terms of a conditional pardon may be recommitted.
What description of labour to follow certain sentences of the Courts of Justice.
Indemnity clause.
Abstract
276
Title.
Preamble.
Gaol rules now in use to continue. Copy of rules to be hung up in gaol.
Any three Justices of the Peace may amend rules.
Power of sheriff to punish refractory prisoners.
Powers of sheriff and Justices of the Peace ehere those of sheriff are insufficient.
Assisting prisoners to escape.
Supplying prisoners with prohibited articles.
Prisoners not complying with the terms of a conditional pardon may be recommitted.
What description of labour to follow certain sentences of the Courts of Justice.
Indemnity clause.
Title.
Preamble.
Gaol rules now in use to continue. Copy of rules to be hung up in gaol.
Any three Justices of the Peace may amend rules.
Power of sheriff to punish refractory prisoners.
Powers of sheriff and Justices of the Peace ehere those of sheriff are insufficient.
Assisting prisoners to escape.
Supplying prisoners with prohibited articles.
Prisoners not complying with the terms of a conditional pardon may be recommitted.
What description of labour to follow certain sentences of the Courts of Justice.
Indemnity clause.
Identifier
https://oelawhk.lib.hku.hk/items/show/76
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 1 of 1853
Number of Pages
3
Files
Collection
Historical Laws of Hong Kong Online
Citation
“GAOL REGULATION ORDINANCE,” Historical Laws of Hong Kong Online, accessed November 18, 2024, https://oelawhk.lib.hku.hk/items/show/76.
