Hong Kong Regulations

PRISON RULES - RULE 63

Punishment which may be imposed by the Superintendent

(1) The Superintendent may order a prisoner, who commits any of the offences
enumerated in rule 61, to be punished by any one or more of the following
punishments-

   (a)  issuing a caution; (L.N. 275 of 1997)

   (b)  separate confinement for any period not exceeding 28 days;

   (c)  forfeiture of remission not exceeding 1 month but if the
        Superintendent considers that his power of punishment is insufficient,
        he shall refer the case to the Commissioner who may order forfeiture
        of remission not exceeding 3 months; (L.N. 178 of 1970; L.N. 242 of
        1983; L.N. 275 of 1997)

   (d)  forfeiture of privileges for a period not exceeding 3 months;

   (e)  deprivation of earnings or part thereof,

   (f)  deduction from earnings of the cost of any Government property lost by
        the prisoner, or damaged or destroyed without reasonable excuse by the
        prisoner. (G.N.A. 68 of 1961; L.N. 275 of 1997)

(1A) Where a prisoner who is detained in custody on remand or awaiting trial
or sentence commits an offence specified in rule 61, he may be punished if a
prison sentence is subsequently given by forfeiture of any period of remission
with which he would otherwise be credited under rule 69. (L.N. 353 of 1981)

(2) Any prisoner who considers himself aggrieved by any order made by the
Superintendent under this rule may, within 48 hours after the issue of such
order, notify the Superintendent that he wishes to appeal to the Commissioner
against such order, and the Superintendent shall forthwith notify the
Commissioner accordingly and shall stay execution of the order pending the
hearing of the appeal. (G.N.A. 68 of 1961)

(2A) An appeal under paragraph (2) may include an appeal in respect of the
determination, on which the order that is being appealed under this rule is
based, that an offence was committed. (L.N. 275 of 1997)

(3) Upon hearing the appeal, either by the prisoner in person or by him in
writing, the Commissioner shall determine the appeal and may cancel, vary or
confirm the order against which the appeal is made or may substitute therefor
any other order which the Superintendent was competent to make under paragraph
(1): Provided that the Commissioner shall not substitute a greater punishment
for a lesser punishment without first giving the prisoner to be punished an
opportunity of showing cause why such punishment should not be increased.
(G.N.A. 68 of 1961)

(4) Where a case is referred to the Commissioner under paragraph

(1)(c) for an order for forfeiture of remission exceeding 1 month and the
Commissioner, after considering the case, makes such an order, the prisoner
may appeal in respect of the order to the Secretary for Security and
paragraphs (2), (2A) and (3) apply to such an appeal except that a reference
to the Superintendent in those paragraphs shall be read as a reference to the
Commissioner and a reference to the Commissioner shall be read as a reference
to the Secretary for Security. (L.N. 275 of 1997)