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Anno decimo septimo Victoriæ Reginæ.

No. 1 of 1853.

By His Excellency Sir Samuel George Bonham, Baronet, Knight Commander of the Most Honourable Order of the Bath, Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice-Admiral of the same, Her Majesty's Plenipotentiary and Chief Superintendent of the Trade British Subjects in China, with the Advice of the Legislative Council of Hongkong.

Title.An Ordinance for the Regulation of the Gaol of Hongkong.

[20th September, 1853.]

Preamble.Whereas it is desirable that certain Rules prescribed for the Government of the Gaol of Hongkong receive the sanction of a Legislative Enactment, that certain Penalties be provided for the breach of such Rules, and that provision be made for their future modification and improvement: Be it therefore enacted and ordained by His Excellency The Governor of Hongkong, with the advice of the Legislative Council thereof, That—

Gaol Rules now in use to continue.
Copy of Rules to be hung up in Gaol.
I. The Rules now in use for the Regulation of the Gaol at Hongkong 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.

Any three Justices of the Peace may amend Rules.II. 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.

Power of Sheriff to punish refractory Prisoners.III. 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 he may find after due investigation 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.

Power of Sheriff and Justices of the Peace where those of Sheriff are insufficient.IV. 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.

Assisting Prisoners to escape.V. 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 shall be deemed or taken to prevent such Person from being proceeded against by indictment—if thought necessary.

Supplying Prisoners with prohibited Articles.VI. If any Person shall introduce into any Prison, or wilfully convey in any manner 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 not complying with the terms of a Conditional Pardon may be recommitted.VII. 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