Hong Kong Regulations

PRISON RULES - RULE 68B

Removal from association

(1) Where the Superintendent has reasonable grounds for believing it is
desirable, for the maintenance of good order or discipline or in the interests
of a prisoner, that such prisoner should not associate with other prisoners,
either generally, or for particular purposes, he may order the removal of such
prisoner from association for a period of not more than 72 hours.

(2) No prisoner shall be removed from association under paragraph

(1) unless the Medical Officer has certified that the prisoner is fit for
removal.

(3) A prisoner removed from association under paragraph (1) may make
representations to the Superintendent in respect of the removal, and the
Superintendent may, after considering the representations, arrange for the
prisoner to resume association.

(4) The Commissioner shall appoint for each prison a Board of Review
consisting of the Superintendent, the Medical Officer and such other suitable
officer as the Commissioner may select, to keep under review the progress of
all prisoners removed from association and to make recommendations to the
Commissioner as to their suitability for further removal under paragraph (5)
or (8) or to be returned to association.

(5) Where the Commissioner has reasonable grounds for believing it is
desirable, for the maintenance of good order or discipline or in the interests
of a prisoner, that such prisoner should not associate with other prisoners,
either generally, or for particular purposes, he may order a further removal
of such prisoner from association for a period of not more than 1 month on the
expiry of the period of removal ordered under paragraph (1).

(6) The Commissioner may order a further removal for a period of not more than
1 month to commence upon the expiry of the period of further removal ordered
under paragraph (5), and thereafter from month to month, where he is
satisfied, on each occasion before he makes any such order, as to the matter
provided in paragraph (5).

(7) Where the Commissioner intends to order a further removal under paragraph
(5) or (6), he shall cause the prisoner to be notified of the intention and
the reason for the further removal, and the prisoner may make representations
in respect of the further removal to the Commissioner.

(8) In deciding whether to order a further removal of a prisoner under
paragraph (5) or (6), the Commissioner shall consider-

   (a)  any recommendation of the Board of Review appointed under paragraph
        (4);

   (b)  where any recommendation of visiting justices is available, such
        recommendation;

   (c)  where any representations have been made by the prisoner, such
        representations; and

   (d)  any other relevant matter.

(9) The Commissioner or the Superintendent may at any time arrange at his
discretion for a prisoner to resume association, either generally or for
particular purposes, and shall so arrange if the Medical Officer so advises on
medical grounds. (L.N. 173 of 1992)