Hong Kong Regulations

PRISON RULES - RULE 47

General provisions as to letters

   (g)  Communications and Visits

(1) Subject to the following provisions of this rule, a prisoner may write and
send as many letters as he wishes to any person.

(2) A prisoner shall be furnished with materials and postage sufficient to
write and send one letter per week not exceeding 4 pages of A-4 paper in
length at public expense, and shall, where the prisoner so requests, be
furnished with materials and postage for additional letters subject to the
payment of the cost thereof from the prisoner's earnings.

(3) (a) Notwithstanding paragraph (2), the Superintendent may permit a
prisoner to write and send more than one letter per week at public expense if-

        (i)    the Superintendent is satisfied that the prisoner- (A) has a
               genuine need to write and send additional letters; and (B) does
               not have sufficient earnings to pay the cost thereof; or

        (ii)   the prisoner is a member of a class of prisoners encouraged to
               build links with their families.

   (b)  For the purposes of subparagraph (a)(ii), a person shall be regarded
        as a member of a class of prisoners encouraged to build links with
        their families if-

        (i)    this rule applies to him as if he were a prisoner by virtue of-
               (A) section 10 of the Detention Centres Ordinance ( Cap 239);
               (B) section 9 of the Drug Addiction Treatment Centres Ordinance
               ( Cap 244); or (C) section 8 of the Training Centres Ordinance
               ( Cap 280); or

        (ii)   he is a prisoner under 21 years of age.

(4) Notwithstanding paragraph (2), the Superintendent shall permit a prisoner
to write and send a letter at public expense if the letter is correspondence
with a specified person.

(5) Subject to the following provisions of this rule, a prisoner may receive
any number of letters from any person.

(6) (a) A prisoner is not permitted to-

        (i)    send a letter to, or receive a letter from, another prisoner,
               unless he has obtained the prior approval of the
               Superintendent;

        (ii)   send a letter to, or receive a letter from, a person where the
               Superintendent reasonably believes that the letter will pose a
               threat to any individual's personal safety or to the security,
               good order and discipline of the prison;

        (iii)  send a letter to a person where that person has advised the
               Superintendent that he does not wish to receive any letter from
               that prisoner.

   (b)  The Superintendent shall not withhold approval for the purposes of
        subparagraph (a)(i) in respect of any letter unless-

        (i)    the Superintendent, or an officer of the Correctional Services
               Department designated by the Superintendent for the purpose,
               has not been given a reasonable opportunity to read the letter
               for the purposes of that subparagraph; or

        (ii)   the Superintendent reasonable believes that the letter will
               pose a threat to any individual's personal safety or to the
               security, good order and discipline of the prison.

(7) (a) Subject to subparagraph (b), where a prisoner has committed any of the
offences enumerated in rule 61, the Superintendent may, for a period not
exceeding 3 months, prohibit the prisoner from writing and sending more than
one letter per week, in addition to any punishment which may be awarded in
respect of the prisoner under rule 63 for the offence.

   (b)  For the purposes of subparagraph (a), where any letter from a prisoner
        in respect of whom a prohibition under that subparagraph is in force
        is-

        (i)    a letter to a specified person; or

        (ii)   a letter to a solicitor or counsel which is a bona fide
               communication for the purpose of seeking legal advice, then, in
               so far as the prohibition is concerned, the letter shall not be
               regarded as a letter within the meaning of that subparagraph.
               (L.N. 275 of 1997)