Hong Kong Regulations

PRISON RULES - RULE 47B

Letters to or from prisoner's solicitor or counsel

(1) Notwithstanding rule 47A but subject to this rule, where it appears to an
officer of the Correctional Services Department not below the rank of
Principal Officer that any letter is to a prisoner from, or from a prisoner
to, a solicitor or counsel, the letter shall not be opened or searched under
rule 47A(2) or (8), except in the presence of the prisoner or unless the
prisoner indicates that he does not wish to be present.

(2) Notwithstanding rule 47A but subject to paragraph (3), where it appears to
an officer of the Correctional Services Department not below the rank of
Principal Officer that any letter is to a prisoner from, or from a prisoner
to, a solicitor or counsel, the letter shall not be read under rule 47A(3) or
(4) unless the officer has reasonable grounds for believing that the letter is
not a bona fide communication for the purpose of seeking or giving legal
advice.

(3) Where pursuant to or purportedly pursuant to paragraph (2) a letter is
read under rule 47A(3) or (4)-

   (a)  it shall only be read by an officer of the Correctional Services
        Department not below the rank of Principal Officer;

   (b)  the officer shall only read it to the extent necessary to determine
        whether it is a bona fide communication for the purpose of seeking or
        giving legal advice; and

   (c)  if it is such a bona fide communication, the officer shall not divulge
        its contents to any person. (L.N. 275 of 1997)