PRISON RULES - CHAPTER 234A PRISON RULES - LONG TITLE Empowering section VerDate:30/06/1997 (Cap 234, section 25) [15 April 1954] (17 of 1954 Schedule) ___________________________________________________________________ Note: These rules made by the Governor in Council under section 25 of the Ordinance before the commencement of the Prisons (Amendment) Ordinance 1969 (19 of 1969) shall be deemed to have been made under that section, as amended by that Ordinance, as if that section, as so amended, had been in force when these rules were made. (See section 9 of the Prisons (Amendment) Ordinance 1969 (19 of 1969)). PRISON RULES - RULE 1 Citation VerDate:30/06/1997 PART I GENERAL RULES FOR THE GOVERNMENT OF PRISONS (1) PRELIMINARY These rules may be cited as the Prison Rules. PRISON RULES - RULE 1A Interpretation VerDate:01/01/2000 Adaptation amendments retroactively made - see 1 of 2003 s. 3 In these rules, unless the context otherwise requires- "Medical Officer" (醫生) means a medical officer appointed under section 3 of the Ordinance; "specified person" (指明的人) means- (a) the Chief Executive; (15 of 1999 s. 3) (b) a member of the Executive Council; (c) a member of the Legislative Council; (d)-(e) (Repealed 78 of 1999 s. 7) (f) a member of a District Council; (8 of 1999 s. 89) (g) a visiting justice; (h) The Ombudsman appointed under section 3 of The Ombudsman Ordinance (Cap 397); or (i) the Commissioner of the Independent Commission Against Corruption; (L.N. 275 of 1997; 1 of 2003 s. 3) "visiting justice" (巡獄太平紳士) means a justice of the peace for the time being appointed by the Chief Executive under section 23 of the Ordinance. (L.N. 275 of 1997; 15 of 1999 s. 3) (L.N. 2 of 1974; L.N. 154 of 1977) "Medical Officer" (醫生) "specified person" (指明的人) "visiting justice" (巡獄太平紳士) PRISON RULES - RULE 2 Application of rules VerDate:30/06/1997 The rules in this Part shall apply to all classes of prisoners except in so far as they may be inconsistent with the rules made to govern any particular class or classes of prisoners. PRISON RULES - RULE 3 Sleeping accommodation VerDate:30/06/1997 (2) ACCOMMODATION No sleeping accommodation for prisoners shall be used unless it is certified by the Commissioner to be of such a size, and to be lighted, ventilated and fitted in such a manner, as is requisite for health, and when such accommodation is locked it shall be furnished with the means of enabling prisoners to communicate at any time with an officer of the prison. If the certificate of any cell, room, dormitory or ward so used is cancelled, that accommodation shall not be used for sleeping unless it is again certified. The certificate shall specify the maximum number of prisoners to be accommodated at any one time in such a cell, room, dormitory or ward and the number so specified shall not be exceeded without the authority of the Commissioner. (L.N. 353 of 1981) PRISON RULES - RULE 4 Beds VerDate:30/06/1997 Every prisoner shall be provided with a separate bed. PRISON RULES - RULE 5 Hospital VerDate:30/06/1997 In every institution to which a prisoner may be allocated under section 9(a) of the Ordinance a hospital or proper place for the reception of sick prisoners shall be provided. (L.N. 353 of 1981) PRISON RULES - RULE 5A Restriction on entry of cell of member of opposite sex VerDate:30/06/1997 No officer of the Correctional Services Department or other person employed in a prison shall enter a cell or dormitory allocated to a prisoner of the opposite sex unless accompanied by another officer or other person employed in the prison who is of the same sex as the prisoner to whom the cell or dormitory is allocated. (L.N. 353 of 1981; L.N. 30 of 1982) PRISON RULES - RULE 6 Women's accommodation VerDate:30/06/1997 (1) In a prison for both men and women the whole of the premises allocated to women shall be entirely separate. (L.N. 353 of 1981) (2) The keys of the premises allocated to women shall be under the control of female officers. (31 of 1983 s. 8) PRISON RULES - RULE 7 Female prisoners VerDate:30/06/1997 Female prisoners shall in all cases be attended by female officers. A male officer shall not enter a prison or part of a prison appropriated for the use of female prisoners except on duty and in the company of a female officer. (31 of 1983 s. 8) PRISON RULES - RULE 8 Different diet VerDate:30/06/1997 (1) Where the Superintendent is satisfied that circumstances exist that warrant the provision of a diet that differs from the normal prison diet to a prisoner, he may direct that the prisoner be fed a different diet. (2) A prisoner who considers he should be provided with a diet that differs from the normal prison diet may appeal to the Commissioner against a decision of the Superintendent not to provide him with that different diet. (3) If a prisoner is not satisfied with a decision of the Commissioner on an appeal under paragraph (2), he may further appeal to the Secretary for Security whose decision shall be final. (L.N. 95 of 1993) (L.N. 353 of 1981) PRISON RULES - RULE 9 Searching VerDate:30/06/1997 (3) GENERAL TREATMENT (a) Admission and Discharge (1) Every prisoner shall be searched on admission and at such times subsequently as the Superintendent or other officer in charge may direct, and all articles for the possession of which no authority has been given shall be taken from him. (1A) The Medical Officer, or a Chief Officer, Principal Officer, Officer or Nurse, authorized by the Medical Officer, may, for the purpose of paragraph (1), search the rectum, nostrils, ears and any other external orifice of a prisoner. (L.N. 2 of 1974) (2) The searching of a prisoner shall be conducted with due regard to decency and self-respect, and in as seemly a manner as is consistent with the necessity of discovering any concealed articles. (3) No prisoner shall be stripped and searched in the sight of another prisoner unless a senior officer considers it necessary in the interests of the security of a prison or the safety of any person. (L.N. 353 of 1981) PRISON RULES - RULE 10 Provisions as to female prisoners VerDate:30/06/1997 No prisoner shall be searched other than by an officer of the same sex. In other respects the same course shall be pursued in reference to the admission or discharge of a female prisoner as in the case of a male prisoner. (L.N. 2 of 1974) PRISON RULES - RULE 11 Prisoner's property VerDate:30/06/1997 (1) Money found on a prisoner committed for non-payment of a fine shall, unless a magistrate otherwise directs in writing on the warrant of commitment, be applied towards the fine adjudged to be paid, provided that the prisoner shall be allowed to keep $10 and any lesser sum which does not represent a day's imprisonment. (L.N. 2 of 1974) (2) Subject to the provisions of paragraph (1), all money, clothing and other effects belonging to a prisoner which he is not allowed to retain, shall be placed in the custody of the Superintendent, who shall cause an inventory thereof to be kept. Such inventory shall be signed by the prisoner concerned certifying its correctness. (G.N.A. 79 of 1956) PRISON RULES - RULE 12 Record of measurements and other particulars VerDate:30/06/1997 (1) The name, age, height, weight, particular marks and such other measurements and particulars as may be required in regard to a prisoner shall upon his admission and from time to time be recorded. (L.N. 353 of 1981) (2) Any physical or mental disability from which a prisoner may be suffering at the time of his admission shall be recorded. (L.N. 353 of 1981) (3) The religion, if any, of a prisoner shall be recorded at the time of his admission and he shall be treated during his term of imprisonment as being of any religion so recorded unless the Superintendent is satisfied that the prisoner is an adherent of another religion or has ceased to adhere to any religion. PRISON RULES - RULE 13 Photographing of prisoner VerDate:30/06/1997 Every prisoner may be photographed on reception and subsequently, but no copy of the photograph shall be given to any person unless he is officially authorized to receive it. PRISON RULES - RULE 14 Medical examination on admission VerDate:30/06/1997 Every prisoner shall, as soon as possible after his admission, be separately examined by the Medical Officer, who shall record the state of health of the prisoner, and such other particulars as he may deem necessary: Provided that when a prisoner is admitted too late to be examined on the same day he shall be examined as soon as possible on the next day, and in any case within 24 hours of admission. PRISON RULES - RULE 15 Bath VerDate:30/06/1997 Every prisoner shall take a bath on reception, unless the Superintendent or Medical Officer otherwise directs. PRISON RULES - RULE 16 Disease or vermin VerDate:30/06/1997 If any prisoner is found to have any infectious or contagious disease or to be infested with vermin, a report thereof shall be made forthwith to the Medical Officer under whose direction steps shall be taken to treat the condition and to prevent its transmission to other prisoners. PRISON RULES - RULE 17 Leave of absence VerDate:30/06/1997 (1) The Commissioner may grant leave of absence- (a) not exceeding 5 days at any one time to any prisoner who- (i) has been sentenced to not less than 4 years' imprisonment; (ii) is within 6 months of the earliest date of release; and (iii) has no deportation order made against him; and (b) not exceeding 24 hours at any one time, to any other prisoner. (2) Leave of absence granted under paragraph (1) shall be subject to such conditions and restrictions relating to custody and escort as the Commissioner may determine. (L.N. 242 of 1983) PRISON RULES - RULE 18 Final interview with Medical Officer VerDate:30/06/1997 (1) Every prisoner shall as short a time as is practicable before discharge, or removal to another prison, be examined by the Medical Officer. (2) A prisoner shall not be removed to another prison unless the Medical Officer certifies that he is fit for removal. (3) A prisoner due for discharge who is suffering from an acute or dangerous illness shall, unless he refuses to stay, not be sent out of prison until in the opinion of the Medical Officer it is safe to send him out. PRISON RULES - RULE 19 Custody of prisoner outside prison VerDate:30/06/1997 Every prisoner for whose production at any place an order is issued shall, while outside the prison, be kept in the custody of the officers directed to convey him to that place. PRISON RULES - RULE 20 Protection from public view VerDate:30/06/1997 When prisoners are being removed to or from prison, they shall be exposed to public view as little as possible, and proper safeguards shall be adopted to protect them from insult or curiosity. PRISON RULES - RULE 21 Children of female prisoners VerDate:01/07/1997 Amendments retroactively made - see 15 of 1999 s. 3 (1) The child of a female prisoner may be received into prison with its mother and kept during the normal period of lactation and any child so admitted shall not be taken from its mother until the Medical Officer certifies that it is in a fit condition to be removed. (2) When any child received into prison under paragraph (1) is over the age of 9 months or attains that age while in prison the Medical Officer shall report to the Commissioner whether, in his opinion, it is necessary or desirable that such child should be retained in prison. The Commissioner may commit such child to the care of such relative of the child as may be willing and able to undertake such care and who may, in his opinion, be a fit and proper person to undertake such care. If the Commissioner is unable to find any relative of the child to whose care such child may properly be entrusted, then he may commit such child to the care of any person or institution approved by the Chief Executive. (15 of 1999 s. 3) (3) Notwithstanding the provisions of paragraphs (1) and (2) the Commissioner may permit any child to remain in the prison until the mother has completed her sentence or such child has attained the age of 3 years whichever is the earlier. (4) Any child retained in prison may be supplied with clothing at the public expense. PRISON RULES - RULE 22 Payment of portion of fine to obtain remission VerDate:30/06/1997 Any payment made in part satisfaction of the sum adjudged to be paid by a prisoner and of any charges for which he is liable, in order to obtain the remission of a part of his imprisonment, as provided by section 114 of the Criminal Procedure Ordinance (Cap 221) and section 37 of the Magistrates Ordinance (Cap 227) shall be made only on a week-day between the hours of 9 and 12 in the morning and 2 and 4 in the afternoon. PRISON RULES - RULE 22A Discharge on general holiday VerDate:30/06/1997 A prisoner due for discharge on a general holiday shall be discharged on the day next preceding that day which is not a general holiday. (L.N. 178 of 1970) PRISON RULES - RULE 23 Possession of articles without authority VerDate:30/06/1997 (b) Prohibited Articles (1) No prisoner shall without authority have in his possession any article, and any such article found in his possession shall be confiscated by the Superintendent. (2) No person shall without authority convey or throw into, or deposit in, a prison, or convey or throw out of a prison, or convey to any prisoner, or deposit with a view to its coming into the possession of any prisoner, any money, clothing, food, drink, tobacco, letter, paper, book, tool or other article whatsoever. Any article so conveyed, thrown or deposited without authority may be confiscated by the Superintendent. PRISON RULES - RULE 24 Examination and search VerDate:30/06/1997 (1) All persons and vehicles entering or leaving a prison may be examined and searched. (2) A person suspected- (a) of bringing without authority any article into a prison; or (b) of carrying out without authority- (i) any article; or (ii) any property belonging to a prison; or (c) while in a prison of being- (i) in possession without authority of any article; or (ii) in improper possession of any property belonging to a prison, shall be stopped and immediate notice thereof shall be given to the Superintendent, who may order that he shall be examined and searched. (3) The Superintendent may refuse admission to a prison of a person who is unwilling to be examined and searched. (4) The Superintendent may direct the removal from a prison of a person who while in a prison is unwilling to be examined and searched or whose conduct is improper. (5) No person shall be searched under this rule other than by an officer of the same sex. (L.N. 2 of 1974) PRISON RULES - RULE 25 Intoxicating liquor and tobacco VerDate:30/06/1997 (1) No prisoner shall be given or allowed to have any intoxicating liquor except in pursuance of a written order of the Medical Officer specifying the quantity to be given and the name of the prisoner for whose use it is intended. (2) No prisoner shall be allowed to smoke or to have in his possession any tobacco except in accordance with such order as may be given by the Commissioner. PRISON RULES - RULE 26 Adequate clothing to be supplied VerDate:30/06/1997 (c) Clothing and Bedding Every prisoner shall be provided with a complete outfit of clothing adequate for warmth and health in accordance with a scale approved by the Commissioner and shall wear such clothing and no other: Provided that special clothing may be authorized by the Superintendent in special circumstances on the recommendation of the Medical Officer. PRISON RULES - RULE 27 Return of prisoner's clothing on discharge VerDate:30/06/1997 On the discharge of a prisoner, his own clothes shall be returned to him unless it has been found necessary to destroy or otherwise dispose of them, in which case he shall be provided with proper clothing. PRISON RULES - RULE 28 Blankets VerDate:30/06/1997 Every prisoner shall be provided with- (a) blankets adequate for warmth and health in accordance with a scale approved by the Commissioner; (b) additional blankets in special circumstances on the recommendation of the Medical Officer. PRISON RULES - RULE 29 Prohibition of unauthorized clothing blankets, etc. VerDate:30/06/1997 A prisoner shall not, except with the authority of the Commissioner in special circumstances, or in pursuance of special rules, have in his possession any clothing, blankets or necessaries otherwise than in accordance with the scales approved by the Commissioner. PRISON RULES - RULE 30 (Repealed) VerDate:30/06/1997 (d) Food (Repealed L.N. 65 of 1969) PRISON RULES - RULE 31 Possession of food VerDate:01/07/1997 Amendments retroactively made - see 15 of 1999 s. 3 No prisoner shall receive or have in his possession any food otherwise than in accordance with the dietary scales approved by the Chief Executive except- (15 of 1999 s. 3) (a) in special circumstances with the permission of the Commissioner; or (b) on the recommendation of the Medical Officer if a variation of diet is desirable on medical grounds for any individual prisoner. (L.N. 65 of 1969) PRISON RULES - RULE 32 Quantity of food VerDate:30/06/1997 Except on the written recommendation of the Medical Officer in the case of a prisoner who persistently wastes his food or on medical grounds by direction of the Medical Officer no prisoner shall have less food than is provided in the normal prison diet. (L.N. 353 of 1981) PRISON RULES - RULE 33 Complaints as to food supplied VerDate:30/06/1997 Every prisoner who has any complaint to make regarding the food furnished to him, or who wishes his food to be weighed or measured in order to ascertain whether he is supplied with the prescribed quantity, shall make his complaint immediately his food is handed to him, and it shall be weighed or measured in his presence and in that of the officer deputed for that purpose. PRISON RULES - RULE 34 Obedience to directions as to cleanliness VerDate:30/06/1997 (e) Health and Cleanliness Every prisoner shall obey such directions as regards washing, bathing, shaving and hair cutting as may from time to time be prescribed. PRISON RULES - RULE 34A Prisoner's urine for examination VerDate:30/06/1997 The Medical Officer, or a Chief Officer, Principal Officer or Nurse, authorized by the Medical Officer, may require a prisoner to submit, within a reasonable period, a specimen of his urine for examination and analysis. (L.N. 2 of 1974) PRISON RULES - RULE 35 Duty to keep cells, rooms or dormitories, utensils, etc., clean VerDate:30/06/1997 Every prisoner shall keep his cell, room or dormitory, his utensils, books, and other articles issued for his use, and his clothing and bedding, clean and neatly arranged, as may be ordered. (L.N. 353 of 1981) PRISON RULES - RULE 36 Compulsory exercise VerDate:30/06/1997 (1) Every prisoner unless excused by the Medical Officer on medical grounds shall take such exercise as may be ordered. (2) Whenever in the opinion of the Superintendent it is desirable either in the interests of a prisoner or in the interests of prison discipline, that a prisoner should perform his labour in a cell, the Superintendent may order him to do so; and in such case he shall perform such labour as can be suitably performed in a cell. (3) The Superintendent shall report to the Commissioner every order given under the provisions of paragraph (2), and at the expiry of each calendar month's confinement the Commissioner shall review such order and, if he considers it desirable, direct that the prisoner returns to work in association. PRISON RULES - RULE 37 (Repealed) VerDate:30/06/1997 (Repealed L.N. 5 of 1967) PRISON RULES - RULE 38 General requirement of work VerDate:30/06/1997 (f) Work Every prisoner shall be required to engage in useful work for not more than 10 hours a day, of which so far as practicable at least 8 hours shall be spent in associated or other work outside the cells, rooms, dormitories or wards: Provided that the Medical Officer may excuse a prisoner from work on medical grounds, and no prisoner shall be set to any work unless he has been certified as fit for that type of work by the Medical Officer. (L.N. 353 of 1981) PRISON RULES - RULE 38A Attendance in educational classes VerDate:30/06/1997 (1) A prisoner who is under 21 years of age may be required to attend educational classes. (2) For the purpose of rule 38, the time spent by a prisoner in educational classes shall be counted as time engaged in useful work. (L.N. 2 of 1974) PRISON RULES - RULE 39 Payment VerDate:30/06/1997 A prisoner who works and a prisoner who, through no fault of his own, is unable to work, may receive payment in accordance with rates, in each case, approved by the Commissioner. (L.N. 52 of 1963) PRISON RULES - RULE 40 Prohibition of employment of prisoner in unauthorized work VerDate:01/07/1997 Amendments retroactively made - see 15 of 1999 s. 3 (1) A prisoner shall not be employed on any work not authorized by the Commissioner nor shall he be employed in any disciplinary capacity. (2) A prisoner shall not be employed in any capacity that is a position within the establishment of a department or bureau of the Civil Service. (L.N. 353 of 1981; 15 of 1999 s. 3) PRISON RULES - RULE 41 Jewish prisoners VerDate:30/06/1997 Jewish prisoners shall not be compelled to work on Saturdays if they claim exemption. They may observe such festival days as may be allowed by the Commissioner. PRISON RULES - RULE 42 (Repealed) VerDate:30/06/1997 (Repealed L.N. 65 of 1969) PRISON RULES - RULE 43 Hours of labour VerDate:30/06/1997 The hours of labour shall not be less than 6 nor more than 10 daily, exclusive of meals. PRISON RULES - RULE 44 Holidays VerDate:30/06/1997 No work shall be done beyond what is strictly necessary on Sunday, Christmas Day, Good Friday and Chinese New Year's day. (L.N. 242 of 1983) PRISON RULES - RULE 45 Mohammedan prisoners VerDate:30/06/1997 Mohammedan prisoners shall be allowed to observe the fast of Ramadan and during the fast shall be required to labour at such reduced task as the Medical Officer considers proper. PRISON RULES - RULE 46 Employment of prisoners on public works VerDate:01/07/1997 Amendments retroactively made - see 15 of 1999 s. 3 Subject to the approval of the Chief Executive prisoners may be employed on works of a public nature. (L.N. 65 of 1969; 15 of 1999 s. 3) PRISON RULES - RULE 47 General provisions as to letters VerDate:30/06/1997 (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) PRISON RULES - RULE 47A Screening of prisoners' outgoing and incoming letters VerDate:30/06/1997 (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) PRISON RULES - RULE 47B Letters to or from prisoner's solicitor or counsel VerDate:30/06/1997 (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) PRISON RULES - RULE 47C Letters to or from specified person VerDate:30/06/1997 Notwithstanding rule 47A, 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 specified person, the letter- (a) 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; and (b) shall not be read under rule 47A(3) or (4). (L.N. 275 of 1997) PRISON RULES - RULE 48 General provisions as to visits VerDate:30/06/1997 No persons, other than the relatives and friends of a prisoner, shall be allowed to visit him except by special authority. Such visits by relatives and friends shall, subject to such restrictions as may be imposed for the maintenance of discipline and order in the prison and for the prevention of crime, be allowed in the manner following- (a) they shall be allowed to visit a prisoner twice a month and no more than 3 persons shall be allowed at one time; (L.N. 242 of 1983) (b) the visits of the relatives and friends of a prisoner shall be recorded in a book kept for that purpose and the visits shall be limited to 30 minutes on each occasion; (L.N. 65 of 1969) (c) a prisoner shall be visited in the presence of an officer of the Correctional Services Department; (L.N. 353 of 1981; L.N. 30 of 1982) (d) the Superintendent shall fix the days and times for visits which shall be publicly notified at the gates of the prison; (e) (Repealed L.N. 65 of 1969) (f) visitors shall not be admitted until they have recorded their names and addresses, their relationship to or connection with the prisoner they wish to visit; (fa) visitors shall not be admitted unless they have satisfied an officer of the Correctional Services Department, if so required, as to their identity; (L.N. 65 of 1969; L.N. 30 of 1982) (g) the Superintendent may, in special cases, extend the duration of a visit; (h) the Superintendent may permit any convicted prisoner to see his relatives or friends for the purpose of making arrangements respecting his property or for any other special reason; (i) the Superintendent may allow a prisoner who is entitled to a visit to write a letter instead of receiving such visit. (L.N. 353 of 1981) PRISON RULES - RULE 49 Visits by police officers VerDate:30/06/1997 (1) Any police officer may visit prisoners for the purpose of identification parades, on production of an order from the proper police or judicial authority. (L.N. 353 of 1981) (2) Any police officer may visit prisoners for the purpose of inquiring into reported or reasonably suspected offences. (L.N. 353 of 1981) PRISON RULES - RULE 50 Visits by officers of the Court VerDate:30/06/1997 Officers of the Court, with competent warrants or orders for serving writs or other legal process on persons within the prison, shall be admitted into the prison for that purpose. PRISON RULES - RULE 51 Persons imprisoned on default of payment VerDate:30/06/1997 A person committed to prison in default of the payment of a sum which in pursuance of any conviction or order he is required to pay shall be allowed to have an interview with his friends on a week-day at any reasonable hour, or to communicate by letter with them for the purpose of providing for a payment which would procure his release from prison, and every such prisoner shall on his admission be informed of this rule. PRISON RULES - RULE 52 Visits by legal adviser VerDate:30/06/1997 (1) Reasonable facilities shall be allowed for the legal adviser of a prisoner who is party to legal proceedings, civil or criminal, to interview the prisoner with reference to those proceedings in the sight but not in the hearing of an officer of the Correctional Services Department. (L.N. 30 of 1982) (2) The legal adviser of a prisoner may, with the permission of the Commissioner, interview the prisoner with reference to any other legal business in the sight and hearing of an officer of the Correctional Services Department. (L.N. 30 of 1982) (3) At such interviews the legal adviser may be accompanied by his clerk or interpreter. (4) If written authority from his principal is produced, the clerk or interpreter to a legal adviser may for the purposes stated in paragraphs (1) and (2) interview the prisoner unaccompanied by his principal. PRISON RULES - RULE 53 Special purpose visits not to be forfeited VerDate:30/06/1997 The visits for special purposes to which rules 51 and 52 refer shall be additional to the visits allowed under any other of the foregoing rules, and shall not be liable to forfeiture under rule 63. PRISON RULES - RULE 54 Right of prisoner to petition VerDate:01/07/1997 Amendments retroactively made - see 15 of 1999 s. 3 Every prisoner may petition the Chief Executive during the first year of his sentence and once every year thereafter unless the Superintendent considers that there is sufficient cause to justify additional petitions. (15 of 1999 s. 3) PRISON RULES - RULE 55 Library VerDate:30/06/1997 (h) Library Books and other Reading Materials (L.N. 275 of 1997) A library shall be provided in every prison, and subject to such conditions as the Commissioner may determine every prisoner shall be allowed to have library books and such other reading materials as are available and to exchange them as often as practicable. (L.N. 275 of 1997) PRISON RULES - RULE 56 Books, etc., from outside VerDate:30/06/1997 Prisoners may receive such books, periodicals, newspapers or other publications from outside the prison as the Commissioner may determine, but the Superintendent may in respect of any of the prisoners withhold and dispose of a publication or any part thereof where he has reasonable grounds to believe that such publication or such part thereof, as the case may be- (a) contains information on the manufacture of any arms, ammunition, weapon, explosive, harmful or deleterious substance, intoxicating liquor, or any dangerous drugs within the meaning of the Dangerous Drugs Ordinance (Cap 134); (b) depicts, describes or encourages violence in the prison, or the escape by any prisoner from the prison; (c) is of such a nature as to facilitate gambling in the prison, or is otherwise detrimental to the rehabilitation of any of the prisoners in the prison; (d) is of such a nature as to encourage the commission of any offence enumerated in rule 61 or of any criminal offence by any of the prisoners in the prison; or (e) is of such a nature as to 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) PRISON RULES - RULE 57 Power of Superintendent to deal with reports against prisoners VerDate:30/06/1997 (i) Offences Against Prison Discipline The Superintendent or in his absence, the officer appointed to act for him and no other, shall deal with a report made against a prisoner. (L.N. 353 of 1981) PRISON RULES - RULE 58 Segregation of a prisoner against whom a report has been made VerDate:30/06/1997 A prisoner who has been reported for an offence shall be kept apart from other prisoners pending adjudication. PRISON RULES - RULE 59 Duty of Principal Officer before he accepts a report against a prisoner VerDate:30/06/1997 It shall be the duty of the Principal Officer on duty before he accepts a report made against a prisoner, to inform such prisoner of the facts alleged against him and to afford him an opportunity of making his reply. PRISON RULES - RULE 60 Duty to report immediately offences against prison discipline VerDate:30/06/1997 Every offence against prison discipline shall be reported immediately and it shall be the duty of the Superintendent to investigate such reports not later than the following day, unless that day is a general holiday. (L.N. 65 of 1969) PRISON RULES - RULE 61 Offences against prison discipline VerDate:30/06/1997 Every prisoner shall be guilty of an offence against prison discipline if he- (a) disobeys any order of the Superintendent or of any other officer of the Correctional Services Department, or any prison rules or other regulations or any directive issued from time to time by the Commissioner that are applicable to him; (L.N. 30 of 1982; L.N. 275 of 1997) (b) treats with disrespect any officer of the Correctional Services Department, or any person authorized to visit the prison; (L.N. 30 of 1982) (c) is idle or negligent at work, or refuses to work; (L.N. 275 of 1997) (d) uses threatening, abusive or insulting words or behaves in a manner that expresses a threat, abuse or an insult; (L.N. 275 of 1997) (e) (Repealed L.N. 275 of 1997) (f) commits any assault; (g) communicates with another prisoner for an improper purpose or when prohibited from doing so in the interests of the discipline of the prison; (L.N. 275 of 1997) (h) leaves his cell or dormitory or place of work or other appointed place without permission; (L.N. 353 of 1981) (i) without reasonable excuse, disfigures or damages any part of the prison or any property which is not his own; (L.N. 275 of 1997) (j) (Repealed L.N. 275 of 1997) (k) has in his possession- (i) any article that he is not authorized to have; or (ii) a greater quantity of any article than that he is authorized to have; (L.N. 275 of 1997) (l) without authority gives to or receives from any person any article; (m)-(o) (Repealed L.N. 275 of 1997) (p) in any way offends good order and discipline; (q) (Repealed L.N. 275 of 1997) (r) wilfully feigns or endeavours to cause illness or wilfully obstructs cure; (s) makes false and malicious allegations against an officer of the Correctional Services Department; (L.N. 30 of 1982) (t) (Repealed L.N. 275 of 1997) (u) loses or, without reasonable excuse, damages or destroys any Government property; (G.N.A. 68 of 1961; L.N. 275 of 1997) (v) is found to have, without reasonable excuse, traces of a dangerous drug within the meaning of the Dangerous Drugs Ordinance (Cap 134) in a sample of his urine; (L.N. 353 of 1981) (w) (Repealed L.N. 275 of 1997) (x) fights with any person; (L.N. 275 of 1997) (y) obstructs an officer of the Correctional Services Department in the execution of his duty; (L.N. 275 of 1997) (z) with respect to any of the other offences enumerated in this rule- (i) attempts to commit; (ii) incites another person to commit; or (iii) assists another person in committing or attempting to commit, such an offence. (L.N. 275 of 1997) PRISON RULES - RULE 62 Power of Superintendent as to offences against prison discipline VerDate:30/06/1997 The Superintendent may interrogate any person touching any alleged offence against prison discipline and determine thereupon and punish the offender. PRISON RULES - RULE 63 Punishment which may be imposed by the Superintendent VerDate:30/06/1997 (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) PRISON RULES - RULE 64 (Repealed) VerDate:30/06/1997 (Repealed L.N. 353 of 1981) PRISON RULES - RULE 65 Certificate of the Medical Officer that a prisoner is fit for punishment VerDate:30/06/1997 No prisoner shall be subjected to separate confinement unless the Medical Officer has certified in writing that such prisoner is in a fit condition of health to undergo such punishment. (L.N. 353 of 1981; L.N. 275 of 1997) PRISON RULES - RULE 66 (Repealed) VerDate:30/06/1997 (Repealed L.N. 353 of 1981) PRISON RULES - RULE 67 Prohibition of use of mechanical restraints VerDate:01/07/1997 Amendments retroactively made - see 15 of 1999 s. 3 (j) Restraints (1) Mechanical restraints shall not be used as a punishment or for any purpose except- (a) to prevent a prisoner from injuring himself or others, or damaging property, or creating a disturbance; (b) to ensure the safe custody of prisoners during removal or while outside any prison and in legal custody, when handcuffs may be used; (L.N. 173 of 1992) (c) under the instructions of the Medical Officer. (2) When it appears to the Superintendent that it is necessary to place a prisoner under mechanical restraint for any of the reasons specified in paragraph (1)(a), the Superintendent may order him to be so placed, and notice thereof shall forthwith be given to one of the visiting justices of the period and to the Medical Officer. (3) The Medical Officer on receipt of the aforesaid notice shall forthwith inform the Superintendent whether he concurs in the order, and if he does not the Superintendent shall act in accordance with any recommendations which he makes. (3A) Where under this rule the Medical Officer gives instructions for the use of a strait-jacket for the restraint of a violent prisoner he shall record the use of such restraint in his journal. (L.N. 242 of 1983) (4) No prisoner shall be kept under mechanical restraint longer than is necessary, or for a longer period than 24 hours unless upon the written order of one of the visiting justices of the period and the Commissioner. Such order shall specify the cause thereof and the time during which the prisoner is to be so kept, and shall be preserved by the Superintendent as his warrant. (5) Particulars of every case of mechanical restraint shall be forthwith entered by the Superintendent in his journal. (6) No mechanical means of restraint shall be used except of such patterns and in such manner and under such conditions as may be approved by the Chief Executive. (15 of 1999 s. 3) PRISON RULES - RULE 68 Temporary confinement VerDate:30/06/1997 The Superintendent may order any refractory or violent prisoner to be temporarily confined in a special cell certified for the purpose in the same manner as cells to which rule 3 applies, but no prisoner shall be confined in such a cell as a punishment or after he has ceased to be refractory or violent. PRISON RULES - RULE 68A Protected rooms VerDate:30/06/1997 (1) The Medical Officer may for the purpose of ensuring that a prisoner does not cause harm or hardship to himself or to some other person, order that prisoner to be confined in a protected room certified in the same manner as rooms to which rule 3 applies, but no prisoner shall be confined in such a room as a punishment or after he has ceased to be likely to cause such harm or hardship. (2) Particulars of every case of confinement under this rule shall be forthwith entered by the Medical Officer in his journal. (L.N. 242 of 1983) PRISON RULES - RULE 68B Removal from association VerDate:30/06/1997 (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) PRISON RULES - RULE 69 Remission of sentence VerDate:30/06/1997 (4) REMISSION (1) A prisoner serving a sentence of imprisonment for an actual term of more than 1 month may, on the ground of his industry and good conduct, be granted remission in accordance with the provisions of this rule: Provided that this rule shall not permit the reduction of the actual term to less than 31 days. (2) The remission granted under this rule shall not exceed one-third of the total of the actual term and any period spent in custody taken into account under section 67A of the Criminal Procedure Ordinance (Cap 221) (which relates to the computation of a sentence of imprisonment). (3) For the purposes of this rule- (a) a person committed to prison in default of payment of a sum adjudged to be paid by a conviction shall be treated as serving a sentence of imprisonment; and (b) consecutive terms of imprisonment shall be treated as one term. (4) This rule shall have effect subject to any disciplinary award or forfeiture of remission, and shall not apply to a prisoner serving a sentence of imprisonment for life. (4A) This rule shall not apply in the case of a sentence of imprisonment passed before 12 August 1983, and in any such case revoked rule 69 shall apply. (L.N. 112 of 1985) (4B) No remission shall be granted in respect of a prisoner to whom the Post-Release Supervision of Prisoners Ordinance (Cap 475) applies unless the Commissioner has been informed pursuant to section 7(3) of that Ordinance that no supervision order under that Ordinance is to be made in respect of that prisoner. (L.N. 417 of 1996) (5) In this rule- (a) "actual term" (實際刑期) means the term of a sentence of imprisonment as reduced by section 67A of the Criminal Procedure Ordinance (Cap 221); (b) "revoked rule 69" (已廢除的第69條) means the rule 69 of these rules that was deleted by the Criminal Procedure (Amendment) Ordinance 1983 (46 of 1983). (L.N. 112 of 1985) (46 of 1983 s. 4) "actual term" (實際刑期) "revoked rule 69" (已廢除的第69條) PRISON RULES - RULE 69A (Repealed) VerDate:30/06/1997 (Repealed 86 of 1997 s. 44) PRISON RULES - RULE 70 Application of the Pensions Ordinance, the Public Service (Administration) Order and government regulations VerDate:01/07/1997 Amendments retroactively made - see 15 of 1999 s. 3 (5) STAFF (a) General The Pensions Ordinance (Cap 89), the Pension Benefits Ordinance (Cap 99), the Public Service (Administration) Order and government regulations for the time being in force save in so far as they are inconsistent with these rules shall apply to all officers of the Correctional Services Department and other persons employed in the prisons subject nevertheless to any special considerations in respect of the appointment of any particular officer or person. (L.N. 353 of 1981; L.N. 30 of 1982; 36 of 1987 s. 55; 15 of 1999 s. 3) PRISON RULES - RULE 71 Duty of officer to obey orders of superiors VerDate:30/06/1997 Every officer of the Correctional Services Department shall obey the lawful commands and orders of his superior in rank and of any officer placed in authority over him. (L.N. 30 of 1982) PRISON RULES - RULE 72 Duty of officer to direct attention to sick prisoners VerDate:30/06/1997 Every officer of the Correctional Services Department shall direct the attention of the Superintendent to any prisoner (whether he complains or not) who appears to be out of health or whose state of mind appears to be deserving of special notice and care, and the Superintendent shall without delay bring such cases to the notice of the Medical Officer. (L.N. 30 of 1982) PRISON RULES - RULE 73 Prohibition of certain dealings VerDate:30/06/1997 An officer of the Correctional Services Department shall not- (L.N. 30 of 1982) (a) have any pecuniary or other dealing whatsoever with or on behalf of any prisoner, or employ any prisoner on his private account; (b) sell or let, nor allow to be sold or let, nor be interested in the selling or letting of, any article to a prisoner; (c) receive, at any time or on any pretext whatsoever, any money, fee, or gratuity of any kind for the admission of any visitors to the prison or to prisoners, or from or on behalf of any prisoner; (d) borrow money from any contractor for the supply of food or other articles for the use of the prison; (e) directly or indirectly, have any interest in any contract for the supply of food or other articles for the use of the prison, nor shall he, under any pretext whatsoever, receive any fee or gratuity from any such person; (f) lend money on interest, or in consideration of the payment or promise of repayment of a larger sum, or on any other valuable consideration whatsoever. PRISON RULES - RULE 74 Prohibition of conveyance of property in and out of prison VerDate:30/06/1997 An officer of the Correctional Services Department shall not bring in or carry out, or knowingly allow to be brought in or carried out, of the prison any article of private, or Government, property except in the execution of his duty or with the authority of the Superintendent. (L.N. 30 of 1982) PRISON RULES - RULE 75 Prohibition of use, consumption or possession of intoxicating liquor, etc., in prison by officer VerDate:30/06/1997 (1) An officer of the Correctional Services Department shall not use or consume in the prison, nor take into the prison, nor have therein, except as required by these rules, any intoxicating liquor, opium or other drug, or any other unauthorized article. (L.N. 353 of 1981; L.N. 30 of 1982) (2) An officer of the Correctional Services Department may carry in a prison money or tobacco for his own personal use. (L.N. 353 of 1981; L.N. 30 of 1982) PRISON RULES - RULE 76 Prohibition of communications VerDate:30/06/1997 An officer of the Correctional Services Department who, without lawful authority, makes any communication to any person that might reasonably be capable of- (a) interfering with the privacy of a prisoner; or (b) affecting prison security, commits a breach of confidence and shall be liable to dismissal. (L.N. 275 of 1997) PRISON RULES - RULE 77 Powers and duties of Commissioner VerDate:19/11/1999 (b) Senior Officers (i) Commissioner (1) The Commissioner shall, subject to the orders and directions of the Chief Executive, have the administrative command and direction of all prisons and such other institutions as may be placed under his control, and the officers of the Correctional Services Department and may transfer for duty anywhere within Hong Kong any such officer. (L.N. 30 of 1982; L.N. 213 of 1986; 15 of 1999 s. 3) (2) The Commissioner may, subject to the provisions of these rules and to the orders and directions of the Chief Executive, from time to time frame orders and regulations for the observance of all officers of the Correctional Services Department. (L.N. 30 of 1982; 15 of 1999 s. 3) (3) The Commissioner shall periodically visit and inspect all institutions under his control. (4) The Commissioner shall issue such orders as may be necessary for the government of all institutions under his control in conformity with these rules, and for the discipline of the persons, other than subordinate officers, employed therein. (5)-(6) (Repealed L.N. 353 of 1981) (7) (Repealed L.N. 154 of 1977) (8) The Commissioner shall pay into the general revenue all moneys received by him in payment of fines. (L.N. 30 of 1982; L.N. 254 of 1999) (9) The Commissioner may permit persons of respectability to view the institutions under his control at such times as he may approve. Visitors shall, at all times, be accompanied by an officer of the Correctional Services Department. (L.N. 30 of 1982) (10) The Commissioner shall ensure compliance with the provisions of section 20 of the Ordinance at all times. (11) The Commissioner may exercise all or any of the powers conferred by these rules on the Superintendent and may perform all or any of the duties prescribed for him. PRISON RULES - RULE 78 Duties of Deputy Commissioner VerDate:30/06/1997 (ii) Deputy Commissioner The Deputy Commissioner shall, under the Commissioner, be responsible for the general control of the Correctional Services Department. (G.N.A. 68 of 1961; L.N. 30 of 1982) PRISON RULES - RULE 78A Powers and duties of Assistant Commissioner, Chief Superintendent and Senior Superintendent VerDate:30/06/1997 (iiA) Assistant Commissioner, Chief Superintendent and Senior Superintendent (L.N. 154 of 1977; 13 of 1995 s. 2) An Assistant Commissioner, a Chief Superintendent and a Senior Superintendent may exercise all the powers and may perform all the duties conferred or imposed by these rules on a Superintendent. (L.N. 154 of 1977; 13 of 1995 s. 2) PRISON RULES - RULE 78B Duties of Assistant Commissioner VerDate:30/06/1997 An Assistant Commissioner shall, under the Deputy Commissioner, be responsible for the administration, management and operational activities of the Correctional Services Department. (13 of 1995 s. 2) PRISON RULES - RULE 79 Duty to supervise matters connected with prison VerDate:30/06/1997 (iii) Superintendent The Superintendent (or other officer in charge of a prison, whatever his or her rank may be) shall supervise and control all matters in connection with the prison of which he or she may be in charge and shall be responsible to the Commissioner for the conduct and treatment of the officers of the Correctional Services Department and prisoners under his control and for the due observance by such officers and prisoners of the provisions of these rules and of all orders issued thereunder. (L.N. 30 of 1982) PRISON RULES - RULE 80 Duty to conform to rules and to enforce their observance VerDate:30/06/1997 (1) The Superintendent shall strictly conform to these rules, and he shall be responsible for their due observance by others. (2) The Superintendent shall keep a journal in which he shall enter such matters as he may be directed. PRISON RULES - RULE 81 Duty to maintain discipline VerDate:30/06/1997 The Superintendent shall observe the conduct of the subordinate officers and other persons employed in the prisons and shall be responsible for the maintenance of strict discipline throughout the prison. PRISON RULES - RULE 82 Duty to instruct every officer in his duties VerDate:30/06/1997 The Superintendent shall ensure that every officer is fully instructed in his duties. PRISON RULES - RULE 83 Duty to transmit complaints VerDate:30/06/1997 The Superintendent shall transmit to the Commissioner without delay any report or complaint which any subordinate officer or other person employed in the prisons may make to him. He shall on no account suppress it, but he may make such explanation as may appear to him to be necessary. PRISON RULES - RULE 84 Duty as to gates and keys VerDate:30/06/1997 The Superintendent shall ensure that all gates are locked at the proper times and that all keys of the prison are kept in the authorized place or in the possession of the authorized officers, and he shall not allow any key of the prison to be taken outside the prison. PRISON RULES - RULE 85 Duty to take precaution and make inspection VerDate:30/06/1997 The Superintendent shall- (a) take every precaution against fire or the escape of prisoners; (b) cause to be thoroughly examined daily all the wards, cells, bolts and locks of the prison; (c) cause to be inspected weekly all the rooms, workshops, halls and dormitories thereof, and a record to be kept of such inspections; and (L.N. 353 of 1981) (d) ensure that adequate measures of security are taken in the armoury. (L.N. 65 of 1969) PRISON RULES - RULE 86 Power to search officers and other persons VerDate:30/06/1997 (1) The Superintendent may, at any time, order the person or property of any subordinate officer or other person employed in the prisons to be searched if he has reason to suspect that such officer or person is trafficking in articles prohibited by law. (2) All such searches shall be recorded in a book which shall be shown to the Commissioner on his inspections. (3) The Superintendent may detain any subordinate officer or other person employed in the prisons who has been searched by his order under paragraph (1) if he has reason to believe that an offence has been committed by such officer or person. (L.N. 2 of 1974) (4) If the Superintendent detains any subordinate officer or other person employed in the prisons under paragraph (3), he shall, as soon as he is able to do so, take such officer or person to the nearest police station or deliver him into the custody of a police officer. PRISON RULES - RULE 87 Duty to ensure that prohibited articles are not brought into prison by visitors VerDate:30/06/1997 The Superintendent shall take proper means to ensure that articles prohibited by law and articles which, in his opinion, are objectionable are not brought into the prison by visitors. PRISON RULES - RULE 88 Power to demand particulars from visitors and to search them VerDate:30/06/1997 (1) The Superintendent may demand the name, address and evidence of identification of any visitor to a prisoner and may, on reasonable grounds of suspicion, require every such male visitor to be searched, and may direct a female to search every such female visitor provided that such a search shall, under no circumstances, take place in the presence of another visitor or any prisoner. (L.N. 65 of 1969; L.N. 353 of 1981) (2) Every such visitor who objects to such a search may be refused permission to see a prisoner in which event the Superintendent shall record the fact in his journal. (3) The Superintendent may remove from the prison any such visitor whose conduct is improper in which event he shall record the fact in his journal. PRISON RULES - RULE 89 Duty to inspect prisoners' rations VerDate:30/06/1997 (1) The Superintendent shall frequently test the quality and quantity of the rations supplied to the prisoners. (2) He shall, from time to time, visit the prisoners at their meals, and shall inquire into any complaint which may be made to him regarding their rations. PRISON RULES - RULE 90 Duty to ensure cleanliness VerDate:30/06/1997 The Superintendent shall- (a) enforce the highest possible degree of cleanliness- (i) in every part of the prison; (ii) in the persons of the prisoners and their clothes and bedding; (b) ensure that the clothing and bedding of prisoners are in proper repair. PRISON RULES - RULE 91 Duty towards Medical Officer VerDate:30/06/1997 (1) The Superintendent shall deliver daily to the Medical Officer separate lists containing the names and numbers- (a) of prisoners under punishment; (b) of prisoners who have complained of sickness or any other ailment, whether he considers such complaints groundless or not; (c) (Repealed L.N. 353 of 1981) (2) The Superintendent shall- (a) take care that no prisoner is subject to any punishment which the Medical Officer is satisfied the prisoner is incapable of undergoing; (b) consider the Medical Officer's recommendations for the supply of any additional bedding, or the alteration of the diet of any prisoner, or to any alteration of discipline or treatment in the case of any prisoner whose mind or body requires it. If he is unable to approve any such recommendation of the Medical Officer, he shall so inform him in writing of the reasons for refusal, and shall report the facts to the Commissioner. (3) The Superintendent shall report to the Medical Officer any case of abnormal behaviour, insanity or apparent insanity among prisoners. (L.N. 353 of 1981) PRISON RULES - RULE 92 Duty to visit hospital VerDate:30/06/1997 The Superintendent shall make daily visits to the hospital and see all prisoners therein. He shall satisfy himself that proper arrangements are made for the safe custody of the sick prisoners, and that discipline is maintained, so far as is consistent with the medical treatment prescribed for them. PRISON RULES - RULE 93 Duty as to sanitary condition of prison VerDate:30/06/1997 (1) The Superintendent shall- (a) pay attention to the ventilation, drainage, and sanitary condition of the prison, and take such measures as may be necessary to maintain them in perfect order; (b) in the company of the Medical Officer at intervals not exceeding 2 weeks examine the washing-places, baths and closets. (L.N. 353 of 1981) (2) Every officer shall report as soon as they are brought to his notice, any defects discovered in such washing-places, baths and closets. PRISON RULES - RULE 94 Duty to inspect prison and prisoners VerDate:30/06/1997 The Superintendent shall- (a) exercise a close and constant personal supervision of the whole prison; (b) visit and inspect daily every part of the prison where prisoners are employed or confined; (c) visit the prison by night at least twice a fortnight; (d) give special attention to every prisoner who for any reason is confined to his cell. PRISON RULES - RULE 95 Duty as to reports and complaints VerDate:30/06/1997 (1) The Superintendent shall hear daily all reports at such hours as may be most convenient. (2) The Superintendent shall ensure that every prisoner having a complaint to make or a request to prefer to him shall have ample facilities for so doing, and he shall take all the necessary steps to redress all grievances so far as is possible. PRISON RULES - RULE 96 Duty to assist police VerDate:30/06/1997 The Superintendent shall assist the police in the identification of prisoners, and shall, for this purpose, give all such information within his knowledge. PRISON RULES - RULE 97 Duty to check stores, transport and prisoners' property VerDate:30/06/1997 The Superintendent shall- (a) exercise a general supervision over stores and transport; (L.N. 65 of 1969) (b) at frequent intervals check items in stores against the numbers or quantities in the store ledger in order to ascertain whether they agree; (c) from time to time check moneys and property belonging to prisoners and ensure that they are properly kept. PRISON RULES - RULE 98 Duty towards prisoners committed for trial VerDate:30/06/1997 The Superintendent shall, on the occasion of a prisoner who is committed for trial, being served with a copy of the indictment, with the notice of trial endorsed thereon or annexed thereto, ask him if he wishes to see a legal adviser or if he wishes to call witnesses for his defence, and shall at once inform the police authorities in order that any such witnesses may, if required, be summoned to appear at his trial. PRISON RULES - RULE 99 Duty to produce prisoners before Court of First Instance or District Court VerDate:01/07/1997 Amendments retroactively made-see 25 of 1998 s. 2 The Superintendent shall be responsible for the production of all prisoners for trial before the Court of First Instance or District Court, and he shall take measures as he may deem necessary for their safe custody. (L.N. 65 of 1969; 25 of 1998 s. 2) PRISON RULES - RULE 100 Responsibility for discharge of prisoners VerDate:30/06/1997 The Superintendent shall be responsible for the discharge of all prisoners as soon as they are entitled to be released for any reason whatsoever. PRISON RULES - RULE 101 Duty to report inability to restrain a violent prisoner VerDate:30/06/1997 The Superintendent shall whenever a violent prisoner cannot be restrained by normal means and whose violence is, in his opinion, due to the prisoner's mental condition, or disease report the fact to the Medical Officer, and shall act on his instructions. PRISON RULES - RULE 102 (Repealed) VerDate:30/06/1997 (Repealed L.N. 275 of 1997) PRISON RULES - RULE 103 (Repealed) VerDate:30/06/1997 (Repealed L.N. 152 of 1993) PRISON RULES - RULE 104 Duty to give notice of death of prisoner VerDate:30/06/1997 (1) Upon the death of a prisoner the Superintendent shall give immediate notice thereof to the coroner, the Commissioner and the Commissioner of Police and, where practicable, to the nearest relative of the deceased. (1A) In the case of a prisoner undergoing trial, notice shall also be given to the judge, District Judge or magistrate presiding thereat. (2) After any death inquiry on a prisoner the Superintendent shall report to the Commissioner the finding and such other facts of importance as may arise at such inquiry. (L.N. 65 of 1969) PRISON RULES - RULE 105 Devolution and delegation of duties and powers VerDate:30/06/1997 (1) In the absence of the Superintendent his duties and powers shall devolve upon the officer detailed by the Commissioner to act in his place. (2) The Superintendent may delegate to the Chief Officer such duties and powers as the Commissioner may, from time to time, approve. PRISON RULES - RULE 106 Prohibition against absence without permission VerDate:30/06/1997 (iv) Chief Officer The Chief Officer shall not absent himself from his duties without the permission of the Superintendent. PRISON RULES - RULE 107 Duty to assist in the supervision of officers and prisoners VerDate:30/06/1997 The Chief Officer shall assist in the general superintendence of the officers of the Correctional Services Department and prisoners and in the details of duties, and shall report to the Superintendent any misconduct or disobedience or orders on the part of the subordinate officers or prisoners. (L.N. 30 of 1982) PRISON RULES - RULE 108 Responsibility as to execution of duties VerDate:30/06/1997 The Chief Officer shall be responsible to the Superintendent that the details of duties connected with the prison are carried out with promptness and regularity, and in strict accordance with these rules and the Superintendent's orders. He shall also enforce the greatest economy. PRISON RULES - RULE 109 Duty to ensure fitness for duty VerDate:30/06/1997 The Chief Officer shall ensure that the officers of the Correctional Services Department are in all respects fit for, and properly acquainted with, their duties. He shall also ensure that new orders are communicated to them. (L.N. 30 of 1982) PRISON RULES - RULE 110 Duty to restrain tendency to oppression VerDate:30/06/1997 The Chief Officer shall restrain by his authority every tendency to oppression or undue harshness on the part of the officers of the Correctional Services Department. (L.N. 30 of 1982) PRISON RULES - RULE 111 Duty to communicate circumstances affecting discipline, etc. VerDate:30/06/1997 The Chief Officer shall at once communicate to the Superintendent every circumstance, which may come to his knowledge, likely to affect the security, health or discipline of the prisoners or the efficiency of the officers of the Correctional Services Department or anything which may in any way require his attention. (L.N. 30 of 1982) PRISON RULES - RULE 112 Duty to search prisoners VerDate:30/06/1997 The Chief Officer shall take care that every prisoner on admission is strictly searched and that all knives, weapons, instruments, money, dangerous drug within the meaning of the Dangerous Drugs Ordinance (Cap 134), tobacco or anything prohibited by law, or by the Superintendent's orders, or which is likely to facilitate escape, or which is, in the opinion of the Superintendent, objectionable, are taken away from him. (L.N. 242 of 1983) PRISON RULES - RULE 113 Duty to ensure recording of particulars on admission of prisoners VerDate:30/06/1997 The Chief Officer shall ensure that the officer in charge of the reception of prisoners records in the register provided for that purpose the name, age, height, weight, features, particular marks and general appearance of every prisoner on admission, with such other measurements and particulars as may be required. PRISON RULES - RULE 114 Duty to record particulars of prisoners' property VerDate:30/06/1997 (1) The Chief Officer shall cause to be recorded in a book provided for that purpose the particulars of all articles, including clothing, and other effects, taken from prisoners and all such other things as may be sent in from time to time on their account, together with the dates of their receipt and restoration. (2) The Chief Officer shall cause all such articles and things to be kept in a suitable place to be provided for that purpose, and shall cause them to be restored to the prisoners on their discharge, except articles which he has found necessary to destroy, or such money, or such property as the Superintendent may deem fit to confiscate, or to allow prisoners to have to assist them in their defence on their trial. (L.N. 275 of 1997) PRISON RULES - RULE 115 Duty to count prisoners VerDate:30/06/1997 The Chief Officer shall cause all the prisoners to be counted 5 times a day, and shall satisfy himself that the number is correct. (L.N. 353 of 1981) PRISON RULES - RULE 116 Miscellaneous duties VerDate:30/06/1997 The Chief Officer shall- (a) make daily inspection of every part of the prison and ensure its cleanliness and good order; (b) ensure the effectiveness of the measures of security employed in the yards and other places; (c) pay special attention to prisoners under punishment; (d) ensure that every prisoner who wishes to see the Superintendent is given an opportunity to do so; (e) ensure that ladders, planks, ropes, chains and anything likely to facilitate escape are not left exposed in the yards; (f) frequently visit the workshops, yards and corridors to ensure that prisoners are kept at their work; (g) at intervals not exceeding 7 days visit the wards at night without previous notice to ensure that the officers on duty are on the alert; (L.N. 353 of 1981; 31 of 1983 s. 8) (h) diligently observe the behaviour of all officers to ensure that they adhere strictly to these rules and the orders of the Commissioner; (31 of 1983 s. 8) (i) report immediately to the Superintendent any neglect of duty or misconduct which may come to his knowledge. PRISON RULES - RULE 117 Duty to accompany visiting justices VerDate:30/06/1997 An officer not below the rank of Chief Officer shall accompany the visiting justices in their visits of inspection and bring before them any prisoner who wishes to see them. (L.N. 44 of 1966) PRISON RULES - RULE 118 Duty as to food VerDate:30/06/1997 The Chief Officer shall- (a) frequently attend the issuing of the prisoners' meals; (L.N. 353 of 1981) (b) ensure that every article of food supplied for the use of the prisoners is sound and of good quality; (c) ensure that the scales, weights and measures in use in the prison for the issue and distribution of provisions and stores are accurate and in good order. PRISON RULES - RULE 119 Duty as to personal cleanliness of prisoners VerDate:30/06/1997 The Chief Officer shall ensure that the prisoners' clothing is kept in good state of repair, their hair kept trimmed, and their washing, hair clipping and personal ablutions attended to. PRISON RULES - RULE 120 Duty as to keys VerDate:30/06/1997 The Chief Officer shall carry out the orders of the Commissioner as to the safe custody of keys during the night. PRISON RULES - RULE 121 Duty to make weekly inspections of officers' quarters VerDate:30/06/1997 The Chief Officer shall make weekly inspections of the quarters occupied by officers of the Correctional Services Department, and shall report the result of his inspection to the Superintendent. (L.N. 30 of 1982) PRISON RULES - RULE 122 Duty to supervise fire party VerDate:30/06/1997 The Chief Officer shall supervise the exercise of the fire party at least once in every month. PRISON RULES - RULE 123 Performance of duties in absence of Chief Officer VerDate:30/06/1997 In the absence of the Chief Officer his duties shall be performed by the officer detailed by the Superintendent to perform them. PRISON RULES - RULE 124 (Repealed) VerDate:30/06/1997 (Repealed L.N. 44 of 1966) PRISON RULES - RULE 125 (Repealed) VerDate:30/06/1997 (Repealed L.N. 44 of 1966) PRISON RULES - RULE 126 Principal Officers to have particular charge of certain prisoners and parts of the prison VerDate:30/06/1997 (c) Subordinate Officers (L.N. 44 of 1966) The Superintendent shall place in the immediate charge of be Principal Officers certain prisoners and parts of the prison and they shall be responsible for the maintenance of proper order and discipline among such prisoners and in such portions of the prison. PRISON RULES - RULE 127 Duty to ensure punctuality at meals VerDate:30/06/1997 The Principal Officers shall ensure that the officers under them report for duty and leave for and return from their meals punctually, and it shall be their duty to report any unpunctuality to the Superintendent. (L.N. 353 of 1981) PRISON RULES - RULE 128 Miscellaneous duties of Principal Officers VerDate:30/06/1997 The Principal Officers shall- (a) ensure that all prisoners are kept strictly to their labour; (b) shall diligently observe the behaviour of all subordinate officers and prisoners; (c) ensure strict adherence to these rules and to the orders of any senior officer; (L.N. 353 of 1981) (d) report immediately to the Chief Officer any neglect or misconduct on the part of any officer of the Correctional Services Department or prisoner which may come to their knowledge; (L.N. 30 of 1982) (e) superintend the issuing of prisoners' meals. (L.N. 353 of 1981) PRISON RULES - RULE 129 Duty to attend to orders regarding punishment VerDate:30/06/1997 The Principal Officers shall personally attend to the execution of orders as to punishment inflicted on prisoners, and shall ensure that all prisoners under punishment are provided with necessaries. PRISON RULES - RULE 130 Duty to inspect parts of the prison, water cocks and fire appliances VerDate:30/06/1997 The Principal Officers shall- (a) frequently inspect every part of the prison placed under their immediate charge; (b) inspect all locks, bars, bolts and other measures of security to ensure that they are in good order; (c) ensure that the prisoners are not in possession of any article without authority, for which purpose they may frequently search the prisoners; (d) ensure that fire appliances are in good working order; (e) ensure that the fire buckets are at all times kept properly filled; (f) ensure that the water pipes and cocks are in good working order, and that no leakages exist. PRISON RULES - RULE 131 Duty to check prisoners and to supervise their locking up VerDate:30/06/1997 The Principal Officers shall check the number of prisoners in their immediate charge and shall supervise the unlocking and locking up of such prisoners. PRISON RULES - RULE 132 Duty to receive keys VerDate:30/06/1997 The Principal Officers shall, after the locking up of all prisoners in their immediate charge, receive all keys and hand them over to the officer in charge of the next shift. (L.N. 353 of 1981) PRISON RULES - RULE 133 Performance of duties in the absence of a Principal Officer VerDate:30/06/1997 In the absence of a Principal Officer his duties shall be performed by the officer detailed by the Superintendent to perform them. PRISON RULES - RULE 134 Duty of subordinate officers to obey superior officers VerDate:30/06/1997 Subordinate officers shall obey the lawful commands and orders of the Commissioner, their superiors in rank and of any officer placed in authority over them and shall perform such duties as may be ordered by them. PRISON RULES - RULE 135 Duty to examine measures of security and to seize articles for the possession of which no authority has been given VerDate:30/06/1997 Subordinate officers shall frequently examine the locks, bars, bolts and other measures of security, the state of the cells and the bedding of the prisoners, and shall seize and deliver forthwith to a superior officer all articles for the possession of which no authority has been given. PRISON RULES - RULE 136 Prison keys VerDate:30/06/1997 Officers of the Correctional Services Department shall keep their keys attached on their key chains and shall on leaving their posts deliver them to the officer appointed to receive them. They shall on no account take their keys out of the prison. (L.N. 30 of 1982) PRISON RULES - RULE 137 Duty to be correctly and neatly dressed VerDate:30/06/1997 Subordinate officers shall, when on duty, appear correctly and neatly dressed in the uniform approved for their rank. PRISON RULES - RULE 138 Miscellaneous duties VerDate:30/06/1997 Subordinate officers shall- (a) treat the prisoners with kindness and humanity; (b) listen patiently to any prisoner who has a complaint to make; (c) inform the Chief Officer when any prisoner desires to see him or the Superintendent; (d) be firm in maintaining order and discipline and in enforcing observance of these rules and the orders of any senior officer. (L.N. 353 of 1981) PRISON RULES - RULE 139 Leave of absence VerDate:01/07/1997 Amendments retroactively made - see 15 of 1999 s. 3 (1) Subordinate officers may be granted leave on any day in lieu of any general holiday. (2) Casual leave and vacation leave may be granted in accordance with government regulations. (15 of 1999 s. 3) (L.N. 65 of 1969) PRISON RULES - RULE 140 Rules regarding medical treatment VerDate:01/07/1997 Amendments retroactively made - see 15 of 1999 s. 3 (1) Medical treatment and sick leave may be granted to or withheld from subordinate officers under the provisions of government regulations. (15 of 1999 s. 3) (2) Every officer of the Correctional Services Department received into hospital for observation and who is subsequently certified to be malingering shall receive no pay, for the period during which he was under observation, and all hospital expenses and charges incidental thereto shall be paid by such officer. (L.N. 30 of 1982) (3) Subordinate officers shall go into hospital when ordered to do so by the Medical Officer and shall remain in hospital so long as the Medical Officer in charge of the hospital directs. They shall, while in hospital, obey all hospital regulations. PRISON RULES - RULE 141 Prohibition of sleeping out VerDate:30/06/1997 (1) Subordinate officers shall not sleep out of such quarters as the Government may assign to them without the permission of a Superintendent. (2) (Repealed L.N. 2 of 1974) (3) A subordinate officer occupying Government quarters shall not let lodgings therein. PRISON RULES - RULE 141A Quarters to be delivered up on resignation etc. of officer VerDate:30/06/1997 If an officer of the Correctional Services Department or other person employed in the prisons is discharged or dismissed, or resigns, retires or dies, the quarters which he has occupied shall, when the Commissioner so requires, be delivered up to the Government. (L.N. 2 of 1974; L.N. 30 of 1982) PRISON RULES - RULE 142 Application of rules 134 to 140 to persons employed in prisons VerDate:30/06/1997 Rules 134 to 140 inclusive shall apply to all other persons employed in the prisons. PRISON RULES - RULE 143 General duties VerDate:30/06/1997 (d) Medical (i) Medical Officer The Medical Officer shall- (a) have the medical charge and shall be responsible for the treatment when sick of all the prisoners in a prison; (b) give medical advice and assistance, including medicines, to the officers of the Correctional Services Department and their families; (L.N. 30 of 1982) (c) keep such statistical records and furnish such returns and reports as may be ordered by the Commissioner relative to the health and medical treatment of such officers and prisoners, the sanitary conditions of a prison and of the quarters occupied by such officers. PRISON RULES - RULE 144 Duty to prisoners VerDate:30/06/1997 The Medical Officer shall- (a) visit every prison under his charge at times to be arranged by the Commissioner, or at such other times as may be necessary; (b) every day see such of the prisoners who complain of illness and report in writing to the Superintendent their fitness or otherwise for labour; (c) for the information of the Superintendent, enter in a book kept for that purpose all directions which he may deem necessary to give relative to the treatment of any prisoner not admitted to the hospital; (d) make daily visits to the sick in the prison hospital; (e) attend at once any officer of the Correctional Services Department or prisoner on the receipt of information that he is seriously ill; (L.N. 30 of 1982) (f) make daily visits to all prisoners undergoing punishment, in separate confinement, or under special discipline; (g) make daily examinations of the newly admitted prisoners and pass them fit for labour or otherwise; (h) frequently examine the washing-places, baths and other provision for purposes of cleanliness and sanitation to ensure the efficient working thereof, and report forthwith all defects in connection therewith to the Superintendent; (i) immediately before punishment is inflicted examine the prisoner and satisfy himself that he is both mentally and physically fit to undergo punishment, and shall make such recommendations for preventing injury to the prisoner's health as he may deem necessary, and the Superintendent shall carry such recommendations into effect; (j) attend on every occasion when corporal punishment is inflicted in the prisons, and ensure obedience of his instructions for the prevention of injury to the health of a prisoner; (k) attend every execution. PRISON RULES - RULE 145 Duty to examine prisoners' food, bedding, etc. VerDate:30/06/1997 The Medical Officer shall- (a) examine frequently the cooked and uncooked food of the prisoners: (b) report to the Superintendent as to the quality of such food; (c) report as to the sufficiency of clothing and bedding; (d) report any deficiency in the quality or quantity of water; (e) report any cause whatsoever which may affect the health of the prisoners. PRISON RULES - RULE 146 Duty to prevent epidemic VerDate:30/06/1997 The Medical Officer shall take such action and employ such treatment as he may consider necessary or expedient for the prevention, as far as possible, or mitigation of any epidemic or endemic contagious or infectious disease in a prison. PRISON RULES - RULE 147 Duty to give written directions for the segregation of prisoners VerDate:30/06/1997 The Medical Officer shall give written directions for the segregation of prisoners having infectious complaints, or suspected of having them, and for cleansing, disinfecting or destroying any infected apparel or bedding. PRISON RULES - RULE 148 Duty to make special reports regarding a prisoner's health VerDate:01/07/1997 Amendments retroactively made - see 15 of 1999 s. 3 (1) The Medical Officer shall- (a) report in writing to the Superintendent any prisoner who, in his opinion, it is necessary so to report for medical reasons; (b) make recommendations which appear to him to be necessary for the alteration of the discipline or treatment of such prisoner, or for the supply of additional articles to him. (2) The Medical Officer shall make his recommendations in writing to the Commissioner for transmission to the Chief Executive whenever he is of opinion that the life of any prisoner will be endangered by his continuance in prison, or that any sick prisoner will not survive his sentence, or is totally or permanently unfit for prison sentence. (15 of 1999 s. 3) PRISON RULES - RULE 149 Duty to keep a journal VerDate:30/06/1997 The Medical Officer shall enter in a journal to be kept in the prison- (a) any observation or suggestion he may deem necessary to make regarding the food served to prisoners or with regard to any other matter connected with their health; (b) a short daily record of all sick prisoners under treatment containing particulars as to whether they are in hospital or not, their names, the nature of their complaints, and the treatment prescribed. PRISON RULES - RULE 150 Duty relating to the death of a prisoner VerDate:30/06/1997 The Medical Officer shall on the death of any prisoner forthwith enter in his journal the following particulars- (a) the time the deceased was taken ill; (b) the time the illness was first reported to him; (c) the nature of the disease; (d) the time of death, with an account of the appearances after death (in cases when a post mortem examination has been made) and such further remarks which, in his opinion, are necessary. PRISON RULES - RULE 151 Duty to examine prisoner on discharge VerDate:30/06/1997 The Medical Officer shall examine every prisoner on the day prior to his discharge from prison and certify as to his fitness to leave the prison, and to such other particulars regarding him as may be necessary. PRISON RULES - RULE 152 Power to appoint hospital orderlies VerDate:30/06/1997 The Superintendent may place at the disposal of the Medical Officer well-behaved prisoners for the purpose of attending on the sick and for the performance of such other work in connection with a hospital as may be necessary. PRISON RULES - RULE 153 Duty to report irregularity VerDate:30/06/1997 The Medical Officer shall report to the Superintendent any irregularity in a prison hospital which may come to his knowledge or any difficulty or obstruction which he may meet with in the performance of his duty. PRISON RULES - RULE 154 Duty to lock up medicines VerDate:30/06/1997 (1) The Medical Officer shall ensure that all medicines and stimulants are securely locked up and not accessible to any prisoner. (2) Medicine shall not be administered to any prisoner without the Medical Officer's instructions except in case of urgent necessity. PRISON RULES - RULE 155 (Repealed) VerDate:30/06/1997 (Repealed L.N. 65 of 1969) PRISON RULES - RULE 156 Duty to submit journal to Commissioner VerDate:30/06/1997 The Medical Officer shall submit his journal for the Commissioner's inspection at least once every month and shall report at the same time on the condition of the prison and the state of health of the prisoners and officers, recording any want of cleanliness, proper drainage, warmth, ventilation, or any insufficiency or bad quality of the bedding, clothing, provisions or water. (L.N. 353 of 1981) PRISON RULES - RULE 157 Duty to submit annual report VerDate:30/06/1997 The Medical Officer shall, as soon as possible after the 31 December in each year, deliver to the Commissioner for transmission to the Director of Health a report containing- (L.N. 353 of 1981; L.N. 76 of 1989) (a) the number of sick among the prisoners for the year just ended; (b) the rate of mortality among the prisoners; (c) particulars as to the state of the sanitary conditions of the prisons; (d) the type of diseases most prevalent in the prisons, and the defects in the construction or management of the prisons to which such diseases may be attributable; (e) the precautions to be taken to prevent the recurrence of such diseases. PRISON RULES - RULE 158 Duty to report use of strait-jacket or confinement in protected room to Commissioner VerDate:30/06/1997 The Medical Officer shall report to the Commissioner- (a) the use of a strait-jacket for the restraint of a violent prisoner under rule 67; and (b) the confinement in a protected room of any prisoner under rule 68A. (L.N. 242 of 1983) PRISON RULES - RULE 159 Duty to conform to rules and Commissioner's order, etc. VerDate:30/06/1997 The Medical Officer shall conform to these rules and the Commissioner's orders, and shall support the Superintendent in the maintenance of discipline and order and assist him in the safe custody of the prisoners. PRISON RULES - RULE 160 (Repealed) VerDate:30/06/1997 (Repealed L.N. 152 of 1993) PRISON RULES - RULE 161 Duty to draw attention of Superintendent to prisoners with suicidal intentions VerDate:30/06/1997 The Medical Officer shall draw the attention of the Superintendent to any prisoner who he may have reason to think has suicidal intentions in order that special observation may be kept on such prisoner, and the Superintendent shall, without delay, direct that such prisoner be observed at frequent intervals. PRISON RULES - RULE 162 Hours of duty VerDate:30/06/1997 (ii) Chief Officer on Hospital Duties (L.N. 44 of 1966) A Chief Officer when appointed to a prison hospital shall be on duty at such hours as the Commissioner may direct and shall not absent himself from his duties without the permission of the Superintendent. (G.N.A. 68 of 1961; L.N. 44 of 1966; L.N. 353 of 1981) PRISON RULES - RULE 163 Duty as to drugs, prescriptions, etc. VerDate:30/06/1997 (1) The Chief Officer appointed to a prison hospital shall have the charge and custody of all the drugs, surgery stock, surgical instruments and appliances, and shall be responsible to ensure that they are kept in good and proper order in accordance with the instructions of the Medical Officer. (G.N.A. 68 of 1961; L.N. 44 of 1966) (2) He may, if qualified, compound the prescriptions issued by the Medical Officer and shall issue the surgical stock and medicines in accordance with his instructions. (3) He shall not, except in cases of urgent necessity, issue any medicines or surgical appliances without the sanction of the Medical Officer. (4) He shall keep a record of the receipt and issue of drugs and shall perform such other clerical work in connection with his hospital duties as he may be directed. (5) He shall attend on the Medical Officer as directed and shall give such assistance in the examination of prisoners or in the performance of operations as may be required. (6) He shall, irrespective of the time, sleep in the prison hospital if required so to do in cases of emergency or serious illness. (7) He shall wear uniform if so ordered. PRISON RULES - RULE 164 Performance of duties in absence of Chief Officer VerDate:30/06/1997 In the absence of the Chief Officer appointed to a prison hospital, his duties shall be performed by a Principal Officer. (L.N. 44 of 1966) PRISON RULES - RULE 165 Rules relating to Chief Officers on hospital duties to apply to Principal Officers on hospital duties VerDate:30/06/1997 Principal Officers on Hospital Duties The rules relating to a Chief Officer appointed to a prison hospital shall be equally applicable to a Principal Officer on duty in a prison hospital, whose further duty shall be to assist the Chief Officer appointed to the prison hospital and to perform such other duties as the Commissioner, Superintendent or the Medical Officer may order. (L.N. 44 of 1966; L.N. 353 of 1981) PRISON RULES - RULE 166 Duty to carry out medical instructions of Medical Officer VerDate:30/06/1997 Other Staff on Hospital Duties Subordinate officers on duty in a prison hospital shall carry out the medical instructions of the Medical Officer. In all other respects they shall be subject to these rules and to the Commissioner's orders. (G.N.A. 68 of 1961; L.N. 44 of 1966; L.N. 353 of 1981) PRISON RULES - RULE 167 Power of chaplains to visit prisoners VerDate:01/07/1997 Amendments retroactively made - see 15 of 1999 s. 3 (e) Chaplains (1) The chaplains of the various denominations appointed by the Chief Executive shall have access to the prisoners at all reasonable times. (15 of 1999 s. 3) (2) The chaplains shall conduct religious services on such days as are suitable in the prisons in their charge. (L.N. 353 of 1981) PRISON RULES - RULE 168 Duty of chaplains to report abuses, etc. VerDate:30/06/1997 The chaplains shall, as soon as is conveniently possible, inform the Superintendent- (a) of any abuse or impropriety in the prison which may come to their knowledge; (b) whenever they are of opinion that the mind of a prisoner may be injuriously affected by any punishment awarded. PRISON RULES - RULE 169 Celebration of Holy Communion VerDate:30/06/1997 (1) The chaplains shall administer the Holy Sacrament of the Lord's Supper on suitable occasions to all prisoners who wish to communicate. (2) The time of the celebration of Holy Communion shall be notified in advance, and it shall be the duty of the communicants to inform the chaplains of their intention before the appointed times. PRISON RULES - RULE 170 Duty to furnish report VerDate:30/06/1997 The chaplains shall, as soon as possible after 31 December in each year, send to the Commissioner a report containing all matters connected with their office which they consider necessary to bring to the notice of the Commissioner. (L.N. 353 of 1981) PRISON RULES - RULE 171 Responsibility of Secretary VerDate:30/06/1997 (f) Secretary (L.N. 65 of 1969) The Secretary shall have charge of the clerical staff and shall be responsible for the proper keeping of stores and accounts. (G.N.A. 68 of 1961; L.N. 65 of 1969) PRISON RULES - RULE 172 Responsibilities and duties VerDate:30/06/1997 (g) Stores Control Officer and Sub-storekeepers (L.N. 65 of 1969) The Stores Control Officer and every Sub-storekeeper shall- (G.N.A. 68 of 1961; L.N. 65 of 1969) (a) be responsible for the due receipt, custody and issue of all stores in such manner as the Commissioner may, from time to time, direct; (b) ensure that all stores are kept in an orderly and systematic manner in the appointed place; (c) be responsible for the proper marking, before issue, of all articles which require marking; (d) ensure the safe custody of all stores and shall keep them properly locked up except when receiving or issuing goods; (e) be responsible every day before leaving the prison for the proper locking up of all stores; (f) leave with the Gate Keeper the store-room keys securely locked up in a box of which only the Superintendent and himself shall have a key; (g) not concern himself with any business not connected with his office. PRISON RULES - RULE 173 Interchangeability of duties VerDate:30/06/1997 (h) Clerical Staff The members of the clerical staff shall be treated as a whole and their duties may be interchanged, at any time, at the discretion of the Commissioner. PRISON RULES - RULE 174 Duty to attend to their duties VerDate:30/06/1997 (1) The clerks shall attend to their duties at such hours as the Commissioner may direct. (2) The clerks shall be allowed leave on Saturday afternoons and general holidays or time off in lieu thereof when ordered to report for duty on such days. PRISON RULES - RULE 175 (Repealed) VerDate:30/06/1997 (Repealed L.N. 44 of 1966) PRISON RULES - RULE 176 (Repealed) VerDate:30/06/1997 (Repealed L.N. 44 of 1966) PRISON RULES - RULE 177 (Repealed) VerDate:30/06/1997 (Repealed L.N. 44 of 1966) PRISON RULES - RULE 178 (Repealed) VerDate:30/06/1997 (Repealed L.N. 44 of 1966) PRISON RULES - RULE 179 (Repealed) VerDate:30/06/1997 (Repealed L.N. 44 of 1966) PRISON RULES - RULE 180 (Repealed) VerDate:30/06/1997 (Repealed L.N. 44 of 1966) PRISON RULES - RULE 181 (Repealed) VerDate:30/06/1997 (Repealed L.N. 44 of 1966) PRISON RULES - RULE 182 (Repealed) VerDate:30/06/1997 (Repealed L.N. 44 of 1966) PRISON RULES - RULE 183 (Repealed) VerDate:30/06/1997 (Repealed L.N. 44 of 1966) PRISON RULES - RULE 184 (Repealed) VerDate:30/06/1997 (Repealed L.N. 44 of 1966) PRISON RULES - RULE 185 (Repealed) VerDate:30/06/1997 (Repealed L.N. 44 of 1966) PRISON RULES - RULE 186 (Repealed) VerDate:30/06/1997 (Repealed L.N. 44 of 1966) PRISON RULES - RULE 187 (Repealed) VerDate:30/06/1997 (Repealed L.N. 44 of 1966) PRISON RULES - RULE 188 Prisoners awaiting trial VerDate:01/07/1997 Amendments retroactively made - see 15 of 1999 s. 3 PART II SPECIAL RULES FOR PARTICULAR CLASS OF PRISONERS (1) PRISONERS AWAITING TRIAL (a) General (1) The following rules shall apply to persons (hereinafter referred to as prisoners awaiting trial) committed to prison for safe custody in any of the following circumstances- (a) on their committal for trial for any indictable offence; (aa) on their detention pursuant to an order of transfer made under section 88 of the Magistrates Ordinance (Cap 227); (L.N. 65 of 1969) (b) on their detention pending the hearing before a magistrate of a charge against them on an indictable offence; (L.N. 65 of 1969) (c) on their detention pending the hearing of an information or complaint against them; (d) (Repealed 15 of 1999 s. 3) (da) (Repealed 15 of 1999 s. 3) (db) on their detention in any proceedings under the Fugitive Offenders Ordinance (Cap 503); (Added 23 of 1997 s. 28(2)) (e) (Repealed 15 of 1999 s. 3) (ea) on their detention by virtue of the Immigration Ordinance (Cap 115); (55 of 1971 s. 66) (f) whose cases have been referred back to a magistrate under the provisions of sections 10 and 11 of the Criminal Procedure Ordinance (Cap 221), while the cases are being so dealt with; (g) debtors; (h) on their commitment under section 27 or 29 of the Bankruptcy Ordinance (Cap 6); (i) who have been declared by any enactment in force in Hong Kong to be or are to be treated as prisoners awaiting trial. (L.N. 213 of 1986) (2) Where any of the circumstances stated in paragraph (1) becomes applicable to a person who is already a convicted prisoner, rules 204 and 206 shall apply to him as if he were a prisoner awaiting trial. PRISON RULES - RULE 189 Bath VerDate:30/06/1997 (b) Admission and Treatment A prisoner awaiting trial shall not be required to take a bath on reception, if, on the application of the prisoner, the Superintendent decides that it is unnecessary, or the Medical Officer states that it is for medical reasons inadvisable. PRISON RULES - RULE 190 Segregation VerDate:30/06/1997 Prisoners awaiting trial shall be kept apart from convicted prisoners and shall not be allowed to associate with them at any time. PRISON RULES - RULE 191 Power of Superintendent to modify routine VerDate:30/06/1997 The Superintendent may modify the routine of the prison in regard to any class of prisoners awaiting trial, so far as to dispense with any practice which, in the Superintendent's opinion, is clearly unnecessary in the case of that particular class of prisoners. PRISON RULES - RULE 192 Power to procure food VerDate:30/06/1997 (c) Food and Clothing Every prisoner awaiting trial may procure for himself, or receive at proper hours, food and malt liquor. If he does not provide himself with food, he shall receive the prison diet. PRISON RULES - RULE 193 Notice as to provision of food VerDate:30/06/1997 Every prisoner awaiting trial who prefers to provide his own food for any meal shall give notice thereof in advance of the time the meal is required, but the Superintendent shall not permit any such prisoner to receive any prison diet for the meal for which he procures or receives food at his own expense. PRISON RULES - RULE 194 Restriction on provision of food VerDate:30/06/1997 Articles of food, which shall be received only at hours to be fixed from time to time for the purpose, shall be inspected by the receiving officer and shall be subject to such restrictions as may be necessary to prevent luxury or waste. PRISON RULES - RULE 195 Restriction as to articles of drink VerDate:30/06/1997 Every prisoner awaiting trial shall not, during any period of 24 hours, receive or purchase more than one pint of malt liquor or cider, or more than half a pint of wine. PRISON RULES - RULE 196 Permission to wear private clothes VerDate:30/06/1997 (1) Every prisoner awaiting trial may wear his own clothes if sufficient and fit for use, and provided they are not required to be preserved for the purpose of justice. (2) Such prisoner may also procure for himself or receive, such articles of clothing, at such hours, as may be approved by the Superintendent. PRISON RULES - RULE 197 Power of Medical Officer to order disinfection of private clothes VerDate:30/06/1997 (1) The Medical Officer may, for the purpose of preventing the introduction or spread of infectious disease, order that the clothes of a prisoner awaiting trial, who is allowed to wear his own clothes in prison, be disinfected as speedily as possible. (2) During the process of such disinfection such prisoner may wear prison clothing. PRISON RULES - RULE 198 Prohibition of sale VerDate:30/06/1997 Every prisoner awaiting trial shall not sell or transfer to any other person any article whatsoever allowed to be introduced into the prison for his own use. PRISON RULES - RULE 199 Direction as to hair cutting VerDate:30/06/1997 (d) Cleanliness The hair of every prisoner awaiting trial may be cut but not in such a manner as may alter his appearance. (L.N. 353 of 1981) PRISON RULES - RULE 200 Duty as to cleanliness of room, etc. VerDate:30/06/1997 Every prisoner awaiting trial shall- (a) make his bed and clean the room, toilet and surrounds, and yard in his occupation every morning; (b) keep clean and in good order the furniture, utensils, clothing and bedding appropriated for his use. (L.N. 353 of 1981) PRISON RULES - RULE 201 Option of employment VerDate:30/06/1997 (e) Employment Every prisoner awaiting trial shall have the option of employment in the service or industries of the prison at his election. In the event of a prisoner electing to be so employed he shall receive payment in accordance with rates to be fixed by the Commissioner. PRISON RULES - RULE 202 Temporary retention and supply of papers, etc. VerDate:30/06/1997 (f) Papers, etc. (1) The Superintendent shall, on the application of any prisoner awaiting trial, permit him to have any books, papers or documents in his possession at the time of his arrest, which may not be required to be produced in evidence, and are not reasonably suspected of forming part of any property improperly acquired by him, or are not for some special reason required to be taken from him for the purposes of justice. (2) Any such prisoner shall have supplied to him, at his own expense, such newspapers, or other means of occupation as are not, in the opinion of the Superintendent, of an objectionable nature. PRISON RULES - RULE 203 Rule as to visitors VerDate:30/06/1997 (g) Visits and Communications (1) Every prisoner awaiting trial shall, subject to the order of the Superintendent, be permitted to be visited by one visitor, or if circumstances permit, by two at the same time, for a quarter of an hour on any week day, during such hour as may from time to time be appointed. (2) The Superintendent may, in special cases, permit the visit to be prolonged, and allow more than 2 visitors to visit such prisoner at one time. PRISON RULES - RULE 204 Private medical adviser VerDate:30/06/1997 Every prisoner awaiting trial may for the purposes of his defence receive a visit from a registered medical practitioner selected by him or by his friends or legal adviser, under the same conditions as apply to a visit by his legal adviser. PRISON RULES - RULE 205 Right to see visitors for the purpose of finding bail VerDate:30/06/1997 Every prisoner awaiting trial who is in prison in default of bail shall be permitted to see any of his relatives or friends, on any week day, at any reasonable hour, for the bona fide purpose of providing bail. PRISON RULES - RULE 206 Written communications VerDate:30/06/1997 (1) Every prisoner awaiting trial may send and receive letters at all reasonable times and shall be furnished by the Superintendent with a reasonable amount of paper and other writing materials for purpose of communicating with his friends or for preparing his defence. (2) Any confidential written communication, prepared as instructions to counsel or solicitor of such prisoner, may be delivered personally to such counsel, or solicitor, or his authorized clerk without previously being read by an officer of the prisons. (3) All other written communications may be dealt with in accordance with the provisions of rule 47A. (L.N. 275 of 1997) PRISON RULES - RULE 207 Attendance at religious services VerDate:30/06/1997 It shall not be compulsory for any prisoner awaiting trial to attend any religious service but he shall be ordinarily entitled to attend religious services of his religion conducted in the prison in which he is confined. (L.N. 353 of 1981) PRISON RULES - RULE 208 Power of visiting justices and Superintendent to grant and withdraw facilities VerDate:30/06/1997 (h) Miscellaneous (1) The visiting justices or the Superintendent, before granting any permission which by these rules they are authorized or required to grant, shall satisfy themselves that it can be granted without interfering with the security, good order and government of the prison. (2) If there is any abuse of the facilities so granted, the visiting justices shall have power to suspend or withdraw such permission, and the Superintendent may withdraw it if granted by himself, or suspend it if granted by the visiting justices, if the case is urgent, provided he reports the case as soon as possible to the visiting justices. PRISON RULES - RULE 209 (Repealed) VerDate:30/06/1997 (Repealed L.N. 152 of 1993) PRISON RULES - RULE 210 Appellants VerDate:30/06/1997 (2) APPELLANTS The following rules apply to persons (hereinafter referred to as appellants) committed to prison for safe custody- (a) who have lodged an appeal to which section 105 or 113 of the Magistrates Ordinance (Cap 227) applies and have obtained a stay of execution or sentence under the provisions of section 118 thereof, or (b) who have been committed under section 81(3)(b) of the Criminal Procedure Ordinance (Cap 221); or (c) who, as appellants, have not been admitted to bail under section 83R of the Criminal Procedure Ordinance (Cap 221). (L.N. 275 of 1997) (L.N. 2 of 1974) PRISON RULES - RULE 211 Option of employment VerDate:30/06/1997 Every appellant shall have the option of employment in the service or industries of the prison at his election. In the event of an appellant electing to be so employed he shall receive payment in accordance with rates to be fixed by the Commissioner. PRISON RULES - RULE 212 Earnings for work done VerDate:30/06/1997 If an appellant is ordered by a judge to be released otherwise than on bail pending the hearing of his appeal, payment of all sums of money earned by him under the provisions of rule 211 shall be paid to him. PRISON RULES - RULE 213 Private medical adviser VerDate:30/06/1997 Every appellant may for the purposes of his appeal receive a visit from a registered medical practitioner selected by him or by his friends or legal adviser, under the same conditions as apply to a visit by his legal adviser. PRISON RULES - RULE 214 Written communications VerDate:30/06/1997 (1) Every appellant may send and receive letters at all reasonable times and shall be furnished by the Superintendent with a reasonable amount of paper and other writing materials for the purpose of communicating with his friends or for preparing his appeal. (2) Any confidential written communication, prepared as instructions to counsel or solicitor of such appellant, may be delivered personally to such counsel, or solicitor, or his authorized clerk without previously being read by an officer. (31 of 1983 s. 8) (3) All other written communications may be dealt with in accordance with the provisions of rule 47A. (L.N. 275 of 1997) PRISON RULES - RULE 215 Application of rules as to privileges and remission of sentence VerDate:30/06/1997 (3) PRISONERS COMMITTED FOR CONTEMPT, ETC. (1) A prisoner committed for contempt, or for failing to do or abstain from doing anything required to be done or left undone, shall be subject to the special rules under this Part that apply to prisoners awaiting trial. (2) A prisoner detained in a prison for a stated term on committal for contempt, or for failing to do or abstain from doing anything required to be done or left undone, shall, for the purpose of rule 69, be treated as serving a sentence of imprisonment for the stated term. (L.N. 269 of 1988) PRISON RULES - RULE 216 (Repealed) VerDate:30/06/1997 (Repealed L.N. 152 of 1993) PRISON RULES - RULE 217 (Repealed) VerDate:30/06/1997 (Repealed L.N. 152 of 1993) PRISON RULES - RULE 218 (Repealed) VerDate:30/06/1997 (Repealed L.N. 152 of 1993) PRISON RULES - RULE 219 (Repealed) VerDate:30/06/1997 (Repealed L.N. 152 of 1993) PRISON RULES - RULE 220 (Repealed) VerDate:30/06/1997 (Repealed L.N. 152 of 1993) PRISON RULES - RULE 221 (Repealed) VerDate:30/06/1997 (Repealed L.N. 152 of 1993) PRISON RULES - RULE 222 Duty to visit prisons VerDate:05/10/2000 PART III VISITING JUSTICES AND PRISON VISITORS (1) VISITING JUSTICES (1) Two visiting justices shall, in company if possible, visit- (L.N. 270 of 2000) (a) each prison at least once a fortnight; (b) each hostel at least once a month, and on such other days as they may be required. (44 of 1987 s. 3) (2) The names of the visiting justices shall be furnished by the Chief Secretary for Administration to the Commissioner and the prisons and hostels shall be open to them at all reasonable times during their tour of duty. (44 of 1987 s. 3; L.N. 362 of 1997) PRISON RULES - RULE 223 Duty to record recommendations VerDate:30/06/1997 Visiting justices shall at the termination of every visit and before they leave a prison or hostel record their recommendations in a book provided for the purpose. (44 of 1987 s. 3) PRISON RULES - RULE 224 Interest in contracts VerDate:30/06/1997 Visiting justices shall not have any interest in any contract made in respect of any prisons or hostels. (44 of 1987 s. 3) PRISON RULES - RULE 225 Co-operation with Commissioner VerDate:01/07/1997 Amendments retroactively made - see 15 of 1999 s. 3 Visiting justices shall co-operate with the Commissioner in promoting the efficiency of the service and shall make inquiry into any matter especially referred to them by the Chief Executive. (15 of 1999 s. 3) PRISON RULES - RULE 226 Duty to report abuses VerDate:01/07/1997 Amendments retroactively made - see 15 of 1999 s. 3 (1) Visiting justices shall ensure that all abuses in connection with the prison or hostel which come to their knowledge are brought to the notice of the Commissioner immediately. (2) They shall enter in a book provided for the purpose any statement in respect of abuses brought to their notice with any suggestions or remarks which they may wish to bring to the notice of the Chief Executive as to the state and discipline of the prison or hostel. (15 of 1999 s. 3) (44 of 1987 s. 3) PRISON RULES - RULE 227 Duty to supply information VerDate:01/07/1997 Amendments retroactively made - see 15 of 1999 s. 3 Visiting justices shall furnish such information with respect to the offences reported to them as may be required by the Chief Executive from time to time. (15 of 1999 s. 3) PRISON RULES - RULE 228 Duty to hear complaints VerDate:30/06/1997 (1) Visiting justices shall hear and investigate any complaint which any prisoner or resident of a hostel may desire to make to them. (2) They shall pay special attention to prisoners, or residents of hostels, in hospital and prisoners in separate confinement. (L.N. 65 of 1969) (44 of 1987 s. 3) PRISON RULES - RULE 229 Duty to report injuries caused by discipline or treatment VerDate:01/07/1997 Amendments retroactively made - see 15 of 1999 s. 3 Visiting justices shall attend to all reports received by them as to the mind or body of any prisoner or resident of a hostel being likely to be injured by discipline or treatment to which he is subjected, and shall communicate their opinion to the Chief Executive. (44 of 1987 s. 3; 15 of 1999 s. 3) PRISON RULES - RULE 230 Duty as to prisoners' diets VerDate:30/06/1997 Visiting justices shall inspect the diets of the prisoners or residents of the hostels, and if they consider that the food supplied does not conform to the approved diet scale under which it is supplied, they shall report the circumstances to the Commissioner, and make a note of such circumstances in a book provided for the purpose, and the Superintendent shall thereupon take such steps as may be immediately necessary to provide the prisoners or residents of the hostels with suitable food. (44 of 1987 s. 3) PRISON RULES - RULE 231 Power to inspect books VerDate:30/06/1997 Visiting justices may inspect any of the books of the prison or hostel. (44 of 1987 s. 3) PRISON RULES - RULE 232 Duty to advise on employment and occupation VerDate:30/06/1997 Visiting justices shall assist the Commissioner with advice and suggestions as to the industrial employment and occupation of prisoners and residents of hostels with particular relation to their employment on discharge. (44 of 1987 s. 3) PRISON RULES - RULE 233 Power to organize lectures and addresses VerDate:30/06/1997 Visiting justices may, subject to the approval of the Commissioner, organize lectures and addresses in the prison or hostel, provided they in the case of lectures and addresses in the prison do not interfere with the necessities of prison discipline, and are directed to the moral improvement of the prisoners. (44 of 1987 s. 3) PRISON RULES - RULE 234 Duty to inquire and report on state of prison buildings VerDate:01/07/1997 Amendments retroactively made - see 15 of 1999 s. 3 Visiting justices shall inquire into the state of the prison or hostel buildings, and report to the Chief Executive with respect to any repairs or additions which may appear to them to be necessary. (44 of 1987 s. 3; 15 of 1999 s. 3) PRISON RULES - RULE 235 Duty to discharge other duties assigned by the Chief Executive VerDate:01/07/1997 Amendments retroactively made - see 15 of 1999 s. 3 Visiting justices shall also discharge such other duties as may be assigned to them by the Chief Executive. (15 of 1999 s. 3) PRISON RULES - RULE 236 Appointment of prison visitors VerDate:30/06/1997 (2) PRISON VISITORS (1) The Commissioner may, from time to time, appoint any person interested in the welfare, reform and after-care of prisoners to be a prison visitor. (2) A prison visitor shall conform to these rules and be subject to the orders of the Superintendent. (3) Access to any prisoner by a prison visitor shall be arranged at the discretion of the Superintendent. (4) A prisoner shall have the right to decline to be visited by a particular visitor. (5) A prison visitor shall inform the Superintendent when he decides to discontinue visiting a particular prisoner. (6) A prison visitor shall, as soon as conveniently possible, inform the Superintendent of any abuse, unlawful activity or impropriety in the prison which may come to his knowledge. (7) A prison visitor shall not make public or use to his own benefit any knowledge which he may gain through his appointment as a prison visitor. (8) A prison visitor shall not- (a) carry in or out of the prison any article or document or transmit any message for any prisoner; (b) discuss a prisoner's conviction or sentence or any other official matter with a prisoner; or (c) communicate with a prisoner's family or friends, except with the prior consent of the Superintendent. (L.N. 242 of 1983) PRISON RULES - RULE 237 Use of force VerDate:30/06/1997 PART IV USE OF FORCE OR ARMS (1) No officer of the Correctional Services Department in dealing with prisoners shall use force unnecessarily and, when the application of force to a prisoner is necessary, no more force than is necessary shall be used. (L.N. 30 of 1982) (2) No officer of the Correctional Services Department shall deliberately act in a manner calculated to provoke a prisoner. (L.N. 30 of 1982) PRISON RULES - RULE 238 Occasions when arms may be used VerDate:30/06/1997 (1) Every officer of the Correctional Services Department shall be provided with whistles and they may or may not be issued with arms as the Commissioner may direct. (2) Every officer of the Correctional Services Department may use arms against any prisoner escaping or attempting to escape: Provided that resort shall not be had to the use of any such arms unless such officer has reasonable cause to believe that he cannot otherwise prevent the escape. (3) Every officer of the Correctional Services Department may use arms on any prisoner engaged in riotous conduct or any combined outbreak, or in any attempt to force or break open the outside door or gate or enclosure wall of a prison, and may continue to use such arms so long as such combined outbreak or attempt is being actually prosecuted. (4) Every officer of the Correctional Services Department may use arms against any prisoner using violence to any brother officer or other person: Provided that such officer has reasonable grounds to believe that the officer of the Correctional Services Department or other person is in danger of li