Hong Kong Regulations

PRISON RULES - RULE 47A

Screening of prisoners' outgoing and incoming letters

(1) In this rule, "maximum security prison" (高度設防監獄) means a
prison which is-

   (a)  equipped with such security measures as are suitable in the opinion of
        the Commissioner for the admission of prisoners representing great
        security risks in terms of the likelihood of their attempting to
        escape and the danger to the public if an escape succeeds; and

   (b)  specified as a maximum security prison in a notice displayed in a
        conspicuous position in all prisons.

(2) All letters to or from a prisoner in any prison may be opened and searched
for the existence of any article which may pose a threat to any individual's
personal safety or to the security, good order and discipline of the prison.

(3) All letters to or from a prisoner in a maximum security prison may, apart
from being searched under paragraph (2), be read.

(4) A letter to or from a prisoner in any prison other than a
maximum security prison may, apart from being searched under paragraph

(2), be read where the Superintendent, or an officer of the Correctional
Services Department designated by the Superintendent for the purpose,
reasonably considers that-

   (a)  the reading will assist in preventing or detecting criminal activities
        or in countering a threat to or an interference with the security,
        good order and discipline of the prison;

   (b)  the letter is likely to contain evidence of an act that would
        jeopardise the health or safety of any person;

   (c)  the letter is to the prisoner from, or from the prisoner to, any other
        prisoner without the prior approval of the Superintendent under rule
        47(6)(a)(i); or

   (d)  the reading would be in the best interests of the prisoner.

(5) Where a letter is read under paragraph (3) or (4), the Superintendent, or
an officer of the Correctional Services Department designated by the
Superintendent for the purpose, may for the purposes of maintaining the
security, good order and discipline of the prison stop the letter if the
letter contains any of the following-

   (a)  any matter the mailing of which is prohibited by law;

   (b)  any matter which depicts, describes, or encourages activities which
        may lead to the use of physical violence or group disruption inside
        any prison;

   (c)  any information on escape plots, plans or other material which tends
        to assist or encourage the commission of any offence enumerated in
        rule 61 or of any criminal offence;

   (d)  any direction with respect to a prisoner's property, unless he is a
        prisoner on remand;

   (e)  threats, extortion, obscenity or gratuitous profanity;

   (f)  any message expressed in code;

   (g)  any material that is intended for publication or for broadcast by
        radio or television (or which, if sent, is likely to be published or
        broadcast) and that refers to individual prisoners or to members of
        the staff of the Correctional Services Department in such a way that
        they may be identified;

   (h)  any information that will infringe the privacy of individual prisoners
        or of members of the staff of the Correctional Services Department,
        including information about any of them;

   (i)  any material that by its nature or content poses a threat to any
        individual's personal safety or to the security, good order and
        discipline of the prison.

(6) Where a letter is searched under paragraph (2) or read under paragraph (3)
or (4) and the letter exceeds 4 pages of A-4 paper in length, the
Superintendent, or an officer of the Correctional Services Department
designated by the Superintendent for the purpose, may stop the letter.

(7) Where a letter is stopped under paragraph (5) or (6)-

   (a)  in case the letter is from a prisoner-

        (i)    the Superintendent shall- (A) inform, orally or in writing, the
               prisoner of the reason for the letter being so stopped; and (B)
               give the prisoner a reasonable opportunity to rewrite the
               letter; and

        (ii)   if, after a reasonable opportunity to rewrite the letter has
               been given to the prisoner under sub-subparagraph (i)(B), the
               prisoner does not rewrite the letter, or the rewritten letter
               still contains any matter referred to in paragraph (5) or still
               exceeds 4 pages of A-4 paper in length, as the case may be, the
               Superintendent may- (A) withhold the letter; and (B) after
               informing the prisoner that he is doing so, file it in the
               prisoner's penal record;

   (b)  in case the letter is to a prisoner, the Superintendent shall-

        (i)    inform, orally or in writing, the prisoner of the reason for
               the letter being so stopped; and

        (ii)   cause the letter to be returned to the sender, if his address
               is known, or if not, to be destroyed.

(8) Where a letter from a prisoner is returned by the post office because it
is undeliverable for any reason, an officer of the Correctional Services
Department may search the letter for the existence of any article which may
pose a threat to any individual's personal safety or to the security, good
order and discipline of the prison. (L.N.275 of 1997)

"maximum security prison" (高度設防監獄)