Cap. 234 sub. leg. A

Prison Rules(L.N. 150 of 2014)(Cap. 234, section 25) [15 April 1954](Format changes—E.R. 3 of 2015) Part I General Rules for the Government of Prisons (L.N. 150 of 2014) Division 1 Preliminary (L.N. 150 of 2014) 1. Citation These rules may be cited as the Prison Rules. 1A. Interpretation In these rules, unless the context otherwise requires—barrister (大律師) has the meaning given by section 2(1) of the Legal Practitioners Ordinance (Cap. 159); (L.N. 174 of 2025)Medical Officer (醫生) means a medical officer appointed under section 3 of the Ordinance;solicitor (律師) has the meaning given by section 2(1) of the Legal Practitioners Ordinance (Cap. 159); (L.N. 174 of 2025) 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Executive; (15 of 1999 s. 3) (b) a member of the Executive Council; (c) a member of the Legislative Council; (d)-(e) (Repealed 78 of 1999 s. 7) (f) (Repealed L.N. 174 of 2025) (g) a visiting justice; (h) The Ombudsman appointed under section 3 of The Ombudsman Ordinance (Cap. 397); or (i) the Commissioner of the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) 2. Application of rules 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. Division 2 Accommodation (L.N. 150 of 2014) 3. Sleeping 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) 4. Beds Every prisoner shall be provided with a separate bed. 5. Hospital 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) 5A. Restriction on entry of cell of member of opposite sex 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) 6. Women’s accommodation (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) 7. Female prisoners 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) 8. Different diet (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 subrule (2), he may further appeal to the Secretary for Security whose decision shall be final. (L.N. 95 of 1993; L.N. 150 of 2014)(L.N. 353 of 1981) Division 3 General Treatment (L.N. 150 of 2014) Subdivision 1 Admission and Discharge (L.N. 150 of 2014) 9. Searching (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 subrule (1), search the rectum, nostrils, ears and any other external orifice of a prisoner. (L.N. 2 of 1974; L.N. 150 of 2014)(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) 10. Provisions as to female prisoners 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) 11. Prisoner’s property (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 subrule (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. (L.N. 150 of 2014)(G.N.A. 79 of 1956) 12. Record of measurements and other particulars (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. 13. Photographing of prisoner 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. 14. Medical examination on admission 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. 15. Bath Every prisoner shall take a bath on reception, unless the Superintendent or Medical Officer otherwise directs. 16. Disease or vermin 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. 17. Leave of absence (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 subrule (1) shall be subject to such conditions and restrictions relating to custody and escort as the Commissioner may determine. (L.N. 150 of 2014)(L.N. 242 of 1983) 18. Final interview with Medical Officer (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. 19. Custody of prisoner outside prison 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. 20. Protection from public view 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. 21. Children of female prisoners (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 subrule (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; L.N. 150 of 2014)(3) Notwithstanding the provisions of subrules (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. (L.N. 150 of 2014)(4) Any child retained in prison may be supplied with clothing at the public expense. 22. Payment of portion of fine to obtain remission 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. 22A. Discharge on general holiday 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) Subdivision 2 Prohibited Articles (L.N. 150 of 2014) 23. Possession of articles without authority (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. 24. Examination and search (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) 25. Intoxicating liquor and tobacco (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. Subdivision 3 Clothing and Bedding (L.N. 150 of 2014) 26. Provision of uniforms (1) The Superintendent must provide every prisoner with a uniform that meets a scale imposed by the Commissioner.(2) Without limiting the matters that the Commissioner may take into consideration in imposing the scale, the Commissioner must impose the scale for the following purposes—(a) ensuring the safety, comfort, health and hygiene of prisoners;(b) safeguarding prisoners’ privacy;(c) ensuring that prisoners are decently dressed;(d) ensuring that prisoners are suitably dressed during the course of work or other activities in which they would likely be engaged; and(e) maintaining the security, good order and discipline of the prison.(3) A prisoner must not wear any clothes other than the uniform unless with the approval of the Superintendent given in special circumstances.(L.N. 174 of 2025) 27. Return of prisoner’s clothing on discharge 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. 28. Blankets 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. 29. Prohibition of unauthorized clothing, blankets, etc. 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. Subdivision 4 Food (L.N. 150 of 2014) 30. (Repealed L.N. 65 of 1969) 31. Possession of food 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) 32. Quantity of food 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) 33. Complaints as to food supplied 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. Subdivision 5 Health and Cleanliness (L.N. 150 of 2014) 34. Obedience to directions as to cleanliness Every prisoner shall obey such directions as regards washing, bathing, shaving and hair cutting as may from time to time be prescribed. 34A. Prisoner’s urine for examination 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) 35. Duty to keep cells, rooms or dormitories, utensils, etc., clean 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) 36. Compulsory exercise (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 subrule (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. (L.N. 150 of 2014) 37. (Repealed L.N. 5 of 1967) Subdivision 6 Work (L.N. 150 of 2014) 38. General requirement of 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) 38A. Attendance in educational classes (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) 39. Payment 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) 40. Prohibition of employment of prisoner in unauthorized work (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) 41. Jewish prisoners 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. 42. (Repealed L.N. 65 of 1969) 43. Hours of labour The hours of labour shall not be less than 6 nor more than 10 daily, exclusive of meals. 44. Holidays 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) 45. Mohammedan prisoners 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. 46. Employment of prisoners on public works 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) Subdivision 7 Communications and Visits (L.N. 150 of 2014) 47. General provisions as to letters (1) Subject to these rules, 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 subrule (2), the Superintendent may permit a prisoner to write and send more than one letter per week at public expense if— (L.N. 150 of 2014)(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 paragraph (a)(ii), a person shall be regarded as a member of a class of prisoners encouraged to build links with their families if— (L.N. 150 of 2014)(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) Despite subrule (2), if a prisoner requests to write and send a letter to a specified person, the Superintendent must permit the prisoner to write and send the letter at public expense. (L.N. 174 of 2025)(5) Subject to these rules, 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 has reasonable grounds to believe that the letter will bring about one or more of the effects mentioned in subrule (6A);(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 paragraph (a)(i) in respect of any letter unless— (L.N. 150 of 2014)(i) the Superintendent, or an officer of the Correctional Services Department designated by the Superintendent for the purposes of this rule, has not been given a reasonable opportunity to read the letter for the purposes of that paragraph; or (L.N. 150 of 2014)(ii) the Superintendent has reasonable grounds to believe that the letter will bring about one or more of the effects mentioned in subrule (6A).(6A) The effects are—(a) being contrary to the interests of national security;(b) tending to cause the commission of any criminal offence;(c) being detrimental to the rehabilitation of any prisoner;(d) posing a threat to any individual’s personal safety;(e) posing a threat to the security, good order and discipline of the prison. (L.N. 174 of 2025)(7) (a) Subject to paragraph (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 paragraph (a), where any letter from a prisoner in respect of whom a prohibition under that paragraph is in force is— (L.N. 150 of 2014)(i) a letter to a specified person; or(ii) a letter to a barrister or solicitor 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 paragraph. (L.N. 150 of 2014)(L.N. 275 of 1997; E.R. 1 of 2013; L.N. 174 of 2025) 47A. Screening of prisoners’ outgoing and incoming letters (1) In this rule, maximum security prison (高度設防監獄) means a prison which is— (a) equipped with such security measures as are suitable in the opinion of the Commissioner for the admission of prisoners representing great security risks in terms of the likelihood of their attempting to escape and the danger to the public if an escape succeeds; and (b) specified as a maximum security prison in a notice displayed in a conspicuous position in all prisons. (2) All letters to or from a prisoner in any prison may be opened or searched for examining whether there is any article that will bring about one or more of the effects mentioned in subrule (9). (L.N. 174 of 2025)(3) All letters to or from a prisoner in a maximum security prison may, apart from being searched under subrule (2), be read. (L.N. 150 of 2014)(4) A letter to or from a prisoner in any prison other than a maximum security prison may, apart from being searched under subrule (2), be read where the Superintendent, or an officer of the Correctional Services Department designated by the Superintendent for the purposes of this rule, has reasonable grounds to believe that— (L.N. 150 of 2014; L.N. 174 of 2025)(a) the reading will assist in one or more of the following—(i) safeguarding national security;(ii) preventing or detecting any criminal offence;(iii) rehabilitating any prisoner;(iv) safeguarding any individual’s personal safety;(v) maintaining the security, good order and discipline of the prison; (L.N. 174 of 2025)(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.(4A) Where a letter is read under subrule (3) or (4) by the Superintendent, or an officer of the Correctional Services Department designated by the Superintendent for the purposes of this rule, and the letter contains one or more of the matters mentioned in subrule (5), the Superintendent or the officer may stop the letter. (L.N. 174 of 2025)(5) The matters are— (L.N. 174 of 2025)(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) (Repealed L.N. 174 of 2025)(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 the Superintendent or an officer of the Correctional Services Department mentioned in subrule (4A) has reasonable grounds to believe that it will bring about one or more of the effects mentioned in subrule (9). (L.N. 174 of 2025)(6) Where a letter is searched under subrule (2) or read under subrule (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 purposes of this rule, may stop the letter. (L.N. 150 of 2014; L.N. 174 of 2025)(7) Where a letter is stopped under subrule (4A) or (6)— (L.N. 150 of 2014; L.N. 174 of 2025)(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 subparagraph (i)(B), the prisoner does not rewrite the letter, or the rewritten letter still contains any matter referred to in subrule (5) or still exceeds 4 pages of A-4 paper in length, as the case may be, the Superintendent may— (L.N. 150 of 2014)(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— (L.N. 174 of 2025)(i) must inform, orally or in writing, the prisoner of the reason for the letter being so stopped; and (L.N. 174 of 2025)(ii) may—(A) return the letter to the sender;(B) retain the letter; or(C) destroy the letter. (L.N. 174 of 2025)(8) (Repealed L.N. 174 of 2025)(9) The effects are—(a) being contrary to the interests of national security;(b) tending to cause the commission of any criminal offence;(c) being detrimental to the rehabilitation of any prisoner;(d) posing a threat to any individual’s personal safety;(e) posing a threat to the security, good order and discipline of the prison. (L.N. 174 of 2025)(L.N. 275 of 1997) 47B. Letters to or from prisoner’s barrister or solicitor (L.N. 174 of 2025)(1) Despite rule 47A but subject to this rule and rule 52C, 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 barrister or solicitor, the letter must not be opened or searched under rule 47A(2), except in the presence of the prisoner or where the prisoner indicates that he or she does not wish to be present.(2) Despite rule 47A but subject to subrule (3) and rule 52C, 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 barrister or solicitor, the letter must 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. (L.N. 150 of 2014)(3) Where pursuant to or purportedly pursuant to subrule (2) a letter is read under rule 47A(3) or (4)— (L.N. 150 of 2014)(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; L.N. 174 of 2025) 47C. Letters to or from specified person Despite rules 47A and 52C, 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— (L.N. 174 of 2025)(a) must neither be opened or searched under rule 47A(2), nor be opened under rule 52C(2)(c), except in the presence of the prisoner or where the prisoner indicates that he or she does not wish to be present; and (L.N. 174 of 2025)(b) must not be read under rule 47A(3) or (4) or 52C(2)(c). (L.N. 174 of 2025)(L.N. 275 of 1997) 47D. Supplementary provisions for rules 47A, 47B and 47C For the purposes of rules 47A, 47B and 47C, if a prisoner sends a letter to a person (original recipient), but the letter is returned by the post office because it is undeliverable for any reason, the letter is to be treated as a letter from the original recipient to the prisoner.(L.N. 174 of 2025) 48. General provisions as to visits (1) Subject to these rules, a prisoner must not receive any visit from any person who has not been authorized under subrule (2).(2) The Commissioner may authorize any person whom the Commissioner considers appropriate for the purposes of subrule (1).(3) Subject to the restrictions and conditions mentioned in subrule (4), a prisoner may receive a visit from any person so long as the purpose of the visit is, with a view to facilitating the prisoner’s rehabilitation or reintegration into society—(a) enabling the prisoner to maintain connections with his or her family or with society; or(b) providing moral support or material support to the prisoner.(4) The restrictions and conditions are that—(a) the prisoner must consent to receiving the visit;(b) the visit must not be made otherwise than on the date and at the time specified by the Superintendent;(c) every prisoner must not receive the visit more than twice per month;(d) the visit must be made by not more than 3 visitors on each occasion;(e) the visit is limited to 30 minutes on each occasion;(f) at least 1 officer of the Correctional Services Department must be present during the visit; and(g) a person who wishes to make the visit must produce the person’s proof of identity (as defined by section 17B(1) of the Immigration Ordinance (Cap. 115)) in advance to an officer of the Correctional Services Department for inspection, and provide the person’s name, address, the relationship to the prisoner, and other personal data that the Superintendent reasonably considers to be necessary for the purposes of this rule, to the officer for record purposes.(5) Despite subrule (3), the Superintendent may, for one or more of the purposes mentioned in subrule (6)—(a) in relation to the visit—(i) vary one or more of the restrictions or conditions mentioned in subrule (4); or(ii) impose any other restrictions or conditions; or(b) prohibit the visit.(6) The purposes are—(a) safeguarding national security;(b) preventing or detecting any criminal offence;(c) rehabilitating any prisoner;(d) safeguarding any individual’s personal safety;(e) maintaining the security, good order and discipline of the prison.(7) If a prisoner is entitled to receive a visit under this rule, the prisoner may write a letter instead of receiving the visit, and may, for this purpose, make an application to the Superintendent for the furnishing of the materials and postage under rule 47(2) (at public expense) for writing the letter, regardless of whether the prisoner has already been furnished with the materials and postage in the week concerned such that no further furnishing of them would have been made under that rule in that week.(L.N. 174 of 2025) 49. Visits by police officers (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) 50. Visits by officers of the Court 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. 51. (Repealed L.N. 174 of 2025) 52. Visits concerning legal consultation (L.N. 174 of 2025)(1) Reasonable facilities must be allowed for the barrister or solicitor of a prisoner, or a person who assists the barrister or solicitor’s performance of his or her functions as a barrister or solicitor—(a) to visit the prisoner for providing legal advice to the prisoner; or(b) to visit the prisoner for any legal proceedings relating to the prisoner (or such legal proceedings that are contemplated),in the sight but not in the hearing of an officer of the Correctional Services Department. (L.N. 174 of 2025)(2)-(4) (Repealed L.N. 174 of 2025)(5) This rule is subject to rule 52A. (L.N. 174 of 2025) 52A. Prisoners may be restricted from connecting with particular legal representatives in certain circumstances (1) This rule applies if—(a) a prisoner requests to connect with a particular legal representative or particular legal representatives;(b) a particular legal representative or particular legal representatives request to connect with a prisoner; or(c) a particular legal representative or particular legal representatives are connecting with a prisoner.(2) A specified officer may apply to a magistrate in accordance with subrule (3) for the issue of a warrant by the magistrate under subrule (5) in relation to the prisoner.(3) The application must be supported by information on oath and be made ex parte to a magistrate by a specified officer.(4) However, if the magistrate considers, in the circumstances of the case, that it is in the interests of justice for the proceedings relating to the application to be held inter partes, the magistrate may direct the proceedings to be so held.(5) If the magistrate hearing the application is satisfied that there are reasonable grounds to believe that the circumstances mentioned in subrule (6) exist, the magistrate may issue a warrant authorizing an officer of the Correctional Services Department to impose the following restrictions on the prisoner—(a) the prisoner must not, within the period specified in the warrant—(i) connect with the particular legal representative or particular legal representatives; or(ii) if the particular legal representative or particular legal representatives are engaged in legal work in a Hong Kong firm or certain Hong Kong firms—connect with any legal representative engaged in legal work in the Hong Kong firm or Hong Kong firms; but(b) the prisoner may, under these rules, connect with any other legal representative selected by the prisoner.(6) The circumstances are—(a) the prisoner’s connection with a legal representative mentioned in subrule (5)(a)(i) or (ii) (relevant legal representative) will—(i) endanger national security; or(ii) cause bodily harm to any person;(b) the prisoner has benefited from any criminal offence committed or allegedly committed by him or her, and the prisoner’s connection with a relevant legal representative will hinder the recovery of the benefit unless the authorization is given; or(c) the prisoner’s connection with a relevant legal representative will pervert or obstruct the course of justice unless the authorization is given.(7) If an application is made under subrule (2), then before the magistrate decides the application, the prisoner—(a) must not connect with the relevant legal representative; but(b) may, under these rules, connect with any other legal representative selected by the prisoner.(8) The Commissioner may, for the purposes of this rule, authorize any officer of the Correctional Services Department (other than an officer of the Correctional Services Department not below the rank of Superintendent).(9) In this rule— connect (聯繫)— (a) means to connect by any means; and (b) includes to interview (whether conducted in person or by remote means), and to communicate by telephone or letter; Hong Kong firm (香港律師行) has the meaning given by section 2(1) of the Legal Practitioners Ordinance (Cap. 159); legal representative (法律代表)— (a) means a barrister or solicitor; and (b) includes a person who assists a barrister or solicitor’s performance of his or her functions as a barrister or solicitor; specified officer (指明人員) means— (a) an officer of the Correctional Services Department not below the rank of Superintendent; or (b) an officer of the Correctional Services Department authorized under subrule (8). (L.N. 174 of 2025) 52B. Supplementary provisions for rule 52A (1) If, after the issue of a warrant under rule 52A(5), a specified officer (as defined by rule 52A(9)) no longer has reasonable grounds to believe that the circumstances mentioned in rule 52A(6) exist, an officer of the Correctional Services Department must immediately cease to impose on the prisoner the restrictions under rule 52A(5).(2) If a warrant is issued under rule 52A(5) in relation to a prisoner, the prisoner may apply to a magistrate to vary or revoke the warrant.(3) An application made under rule 52A(2) or subrule (2) must be heard in a closed court.(4) Despite subrule (3), the magistrate hearing the application may, either on the magistrate’s own motion or on application by any party to the hearing, order the application to be heard in open court.(5) However, the magistrate concerned may only make an order under subrule (4) on being satisfied that doing so is necessary in the interests of justice and would not be contrary to the interests of national security.(L.N. 174 of 2025) 52C. Power regarding restriction against prisoners from connecting with particular legal representatives by letter (1) This rule applies if—(a) a warrant is issued under rule 52A(5); or(b) an application is made under rule 52A(2), and the magistrate has not decided the application.(2) An officer of the Correctional Services Department may, within the period specified in the warrant or before the magistrate decides the application (as the case may be)—(a) prohibit the prisoner from writing and sending any letter to a legal representative mentioned in rule 52A(5)(a)(i) or (ii) (relevant legal representative);(b) stop any letter that contains communication between the prisoner and a relevant legal representative; or(c) subject to subrule (3), open or read any letter to or from the prisoner for the purposes of paragraph (b).(3) Any letter mentioned in subrule (2)(c)—(a) may only be opened or read by an officer of the Correctional Services Department not below the rank of Principal Officer;(b) may only be opened or read in the presence of the prisoner (except where the prisoner indicates that he or she does not wish to be present); and(c) may only be opened or read in so far as it is necessary to confirm whether the letter contains communication between the prisoner and a relevant legal representative.(4) If an officer of the Correctional Services Department stops any letter under subrule (2)(b), the Superintendent must inform, orally or in writing, the prisoner of the reason for doing so, and may—(a) return the letter to the sender; or(b) destroy the letter.(5) If any officer of the Correctional Services Department reads any letter under subrule (2)(c), and the letter does not contain communication between the prisoner and a relevant legal representative, the officer must not divulge the contents of the letter to any person.(L.N. 174 of 2025) 53. Visits concerning legal consultation not to be forfeited (L.N. 174 of 2025)The visits under rule 52 are additional to the visits allowed under any other of the foregoing rules, and are not liable to forfeiture under rule 63.(L.N. 174 of 2025) 54. Right of prisoner to petition 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) Subdivision 8 Library Books and Other Reading Materials (L.N. 275 of 1997; L.N. 150 of 2014) 55. Library 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) 56. Publications from outside prison (1) A prisoner must not receive any publication from outside the prison except with the Commissioner’s approval.(2) If the Superintendent has reasonable grounds to believe that, any publication (or part of the publication) approved under subrule (1) will bring about one or more of the following effects—(a) being contrary to the interests of national security;(b) tending to cause the commission of any criminal offence;(c) being detrimental to the rehabilitation of any prisoner;(d) posing a threat to any individual’s personal safety;(e) posing a threat to the security, good order and discipline of the prison,the Superintendent may withhold and dispose of the publication (or part of the publication), so that a prisoner (or a category of prisoners) may not receive the publication (or the part of the publication).(L.N. 174 of 2025) Subdivision 9 Offences against Prison Discipline (L.N. 150 of 2014) 57. Power of Superintendent to deal with reports against prisoners 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) 58. Segregation of a prisoner against whom a report has been made A prisoner who has been reported for an offence shall be kept apart from other prisoners pending adjudication. 59. Duty of Principal Officer before he accepts a report against a prisoner 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. 60. Duty to report immediately offences against prison discipline 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) 61. Offences against prison discipline 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)(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;(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;(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;(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)(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)(L.N. 275 of 1997) 62. Power of Superintendent as to offences against prison discipline The Superintendent may interrogate any person touching any alleged offence against prison discipline and determine thereupon and punish the offender. 63. Punishment which may be imposed by the Superintendent (1) The Superintendent may order a prisoner, who commits any of the offences enumerated in rule 61, to be punished by any one or more of the following punishments—(a) issuing a caution; (L.N. 275 of 1997)(b) separate confinement for any period not exceeding 28 days;(c) forfeiture of remission not exceeding 1 month but if the Superintendent considers that his power of punishment is insufficient, he shall refer the case to the Commissioner who may order forfeiture of remission not exceeding 3 months; (L.N. 178 of 1970; L.N. 242 of 1983; L.N. 275 of 1997)(d) forfeiture of privileges for a period not exceeding 3 months;(e) deprivation of earnings or part thereof;(f) deduction from earnings of the cost of any Government property lost by the prisoner, or damaged or destroyed without reasonable excuse by the prisoner. (G.N.A. 68 of 1961; L.N. 275 of 1997)(1A) Where a prisoner who is detained in custody on remand or awaiting trial or sentence commits an offence specified in rule 61, he may be punished if a prison sentence is subsequently given by forfeiture of any period of remission with which he would otherwise be credited under rule 69. (L.N. 353 of 1981)(2) Any prisoner who considers himself aggrieved by any order made by the Superintendent under this rule may, within 48 hours after the issue of such order, notify the Superintendent that he wishes to appeal to the Commissioner against such order, and the Superintendent shall forthwith notify the Commissioner accordingly and shall stay execution of the order pending the hearing of the appeal. (G.N.A. 68 of 1961)(2A) An appeal under subrule (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; L.N. 150 of 2014)(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 subrule (1): (L.N. 150 of 2014)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 subrule (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 subrules (2), (2A) and (3) apply to such an appeal except that a reference to the Superintendent in those subrules 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; L.N. 150 of 2014) 64. (Repealed L.N. 353 of 1981) 65. Certificate of the Medical Officer that a prisoner is fit for punishment 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) 66. (Repealed L.N. 353 of 1981) Subdivision 10 Restraints (L.N. 150 of 2014) 67. Prohibition of use of mechanical 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; or (L.N. 173 of 1992; L.N. 174 of 2025)(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 subrule (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. (L.N. 150 of 2014)(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) 68. Temporary confinement 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. 68A. Protected rooms (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) 68B. Removal from association (1) The Superintendent may, for one or more of the purposes mentioned in subrule (10), order the removal of a prisoner from association (either generally or for particular purposes) with other prisoners for a period of not more than 72 hours. (L.N. 174 of 2025)(2) No prisoner shall be removed from association under subrule (1) unless the Medical Officer has certified that the prisoner is fit for removal.(3) A prisoner removed from association under subrule (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 subrule (5) or to be returned to association. (L.N. 174 of 2025)(5) Where a prisoner is removed from association with other prisoners under an order (original order), the Commissioner may, for one or more of the purposes mentioned in subrule (10), order a further removal of the prisoner from association (either generally or for particular purposes) for a period of not more than 1 month on the expiry of the period of the original order. (L.N. 174 of 2025)(6) (Repealed L.N. 174 of 2025)(7) Where the Commissioner intends to order a further removal under subrule (5), 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. (L.N. 174 of 2025)(8) In deciding whether to order a further removal of a prisoner under subrule (5), the Commissioner shall consider— (L.N. 150 of 2014; L.N. 174 of 2025)(a) any recommendation of the Board of Review appointed under subrule (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.(10) The purposes are—(a) safeguarding national security;(b) preventing or detecting any criminal offence;(c) safeguarding the interests of any prisoner;(d) safeguarding any individual’s personal safety;(e) maintaining the security, good order and discipline of the prison. (L.N. 174 of 2025)(L.N. 173 of 1992; L.N. 150 of 2014) Division 4 Remission (L.N. 150 of 2014) 69. Remission of sentence (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. (1A) However, if a prisoner serves a sentence in respect of the prisoner’s conviction of an offence endangering national security, the prisoner must not be granted remission under subrule (1) unless the Commissioner is satisfied that the prisoner’s being granted remission will not be contrary to the interests of national security. (6 of 2024 s. 152)(1B) To avoid doubt, subsection (1A) applies whether the sentence of the prisoner mentioned in that subsection was imposed before, on or after the commencement* of that subsection. (6 of 2024 s. 152)(1C) If a prisoner is not granted remission because of a decision made by the Commissioner under subsection (1A), the Commissioner must, after making the decision, review the decision annually. (6 of 2024 s. 152)(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) Editorial Note: * Commencement date: 23 March 2024. 69A. (Repealed 86 of 1997 s. 44) Division 5 Staff (L.N. 150 of 2014) Subdivision 1 General (L.N. 150 of 2014) 70. Application of the Pensions Ordinance, the Public Service (Administration) Order and government regulations 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) 71. Duty of officer to obey orders of superiors 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) 72. Duty of officer to direct attention to sick prisoners 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) 73. Prohibition of certain dealings 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. 74. Prohibition of conveyance of property in and out of prison 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) 75. Prohibition of use, consumption or possession of intoxicating liquor, etc., in prison by officer (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)(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) 76. Prohibition of communications 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) Subdivision 2 Senior Officers (L.N. 150 of 2014)Commissioner(L.N. 150 of 2014) 77. Powers and duties of 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.Deputy Commissioner(L.N. 150 of 2014) 78. Duties of 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)Assistant Commissioner, Chief Superintendent and Senior Superintendent (L.N. 154 of 1977; 13 of 1995 s. 2; L.N. 150 of 2014) 78A. Powers and duties of Assistant Commissioner, Chief Superintendent and Senior Superintendent 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) 78B. Duties of Assistant Commissioner 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)Superintendent(L.N. 150 of 2014) 79. Duty to supervise matters connected with prison The Superintendent (or other officer in charge of a prison, whatever his or her rank may be) shall supervise and control all matters in connexion 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) 80. Duty to conform to rules and to enforce their observance (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. 81. Duty to maintain discipline 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. 82. Duty to instruct every officer in his duties The Superintendent shall ensure that every officer is fully instructed in his duties. 83. Duty to transmit complaints 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. 84. Duty as to gates and keys 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. 85. Duty to take precaution and make inspection 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) 86. Power to search officers and other persons (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 subrule (1) if he has reason to believe that an offence has been committed by such officer or person. (L.N. 2 of 1974; L.N. 150 of 2014)(4) If the Superintendent detains any subordinate officer or other person employed in the prisons under subrule (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. (L.N. 150 of 2014) 87. Duty to ensure that prohibited articles are not brought into prison by visitors 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. 88. Power to demand particulars from visitors and to search them (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. 89. Duty to inspect prisoners’ rations (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. 90. Duty to ensure cleanliness 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. 91. Duty towards Medical Officer (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) 92. Duty to visit hospital 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. 93. Duty as to sanitary condition of prison (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. 94. Duty to inspect prison and prisoners 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. 95. Duty as to reports and complaints (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. 96. Duty to assist police The Superintendent shall assist the police in the identification of prisoners, and shall, for this purpose, give all such information within his knowledge. 97. Duty to check stores, transport and prisoners’ property 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. 98. Duty towards prisoners committed for trial 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. 99. Duty to produce prisoners before Court of First Instance or District Court 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) 100. Responsibility for discharge of prisoners The Superintendent shall be responsible for the discharge of all prisoners as soon as they are entitled to be released for any reason whatsoever. 101. Duty to report inability to restrain a violent prisoner 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. 102. (Repealed L.N. 275 of 1997) 103. (Repealed L.N. 152 of 1993) 104. Duty to give notice of death of prisoner (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) 105. Devolution and delegation of duties and powers (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.Chief Officer(L.N. 150 of 2014) 106. Prohibition against absence without permission The Chief Officer shall not absent himself from his duties without the permission of the Superintendent. 107. Duty to assist in the supervision of officers and prisoners 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) 108. Responsibility as to execution of duties 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. 109. Duty to ensure fitness for duty 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) 110. Duty to restrain tendency to oppression 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) 111. Duty to communicate circumstances affecting discipline, etc. 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) 112. Duty to search prisoners 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) 113. Duty to ensure recording of particulars on admission of prisoners 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. 114. Duty to record particulars of prisoners’ property (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) 115. Duty to count prisoners 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) 116. Miscellaneous duties 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. 117. Duty to accompany visiting justices 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) 118. Duty as to food 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. 119. Duty as to personal cleanliness of prisoners 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. 120. Duty as to keys The Chief Officer shall carry out the orders of the Commissioner as to the safe custody of keys during the night. 121. Duty to make weekly inspections of officers’ quarters 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) 122. Duty to supervise fire party The Chief Officer shall supervise the exercise of the fire party at least once in every month. 123. Performance of duties in absence of Chief Officer In the absence of the Chief Officer his duties shall be performed by the officer detailed by the Superintendent to perform them. 124. (Repealed L.N. 44 of 1966) 125. (Repealed L.N. 44 of 1966) Subdivision 3 Subordinate Officers (L.N. 150 of 2014) 126. Principal Officers to have particular charge of certain prisoners and parts of the prison The Superintendent shall place in the immediate charge of the 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. 127. Duty to ensure punctuality at meals 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) 128. Miscellaneous duties of Principal Officers The Principal Officers shall—(a) ensure that all prisoners are kept strictly to their labour;(b) diligently observe the behaviour of all subordinate officers and prisoners; (E.R. 3 of 2015)(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) 129. Duty to attend to orders regarding punishment 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. 130. Duty to inspect parts of the prison, water cocks and fire appliances 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. 131. Duty to check prisoners and to supervise their locking up The Principal Officers shall check the number of prisoners in their immediate charge and shall supervise the unlocking and locking up of such prisoners. 132. Duty to receive keys 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) 133. Performance of duties in the absence of a Principal Officer In the absence of a Principal Officer his duties shall be performed by the officer detailed by the Superintendent to perform them. 134. Duty of subordinate officers to obey superior officers 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. 135. Duty to examine measures of security and to seize articles for the possession of which no authority has been given 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. 136. Prison keys 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) 137. Duty to be correctly and neatly dressed Subordinate officers shall, when on duty, appear correctly and neatly dressed in the uniform approved for their rank. 138. Miscellaneous duties 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) 139. Leave of absence (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) 140. Rules regarding medical treatment (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. 141. Prohibition of sleeping out (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. 141A. Quarters to be delivered up on resignation etc. of officer 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) 142. Application of rules 134 to 140 to persons employed in prisons Rules 134 to 140 inclusive shall apply to all other persons employed in the prisons. Subdivision 4 Medical (L.N. 150 of 2014)Medical Officer(L.N. 150 of 2014) 143. General duties 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. 144. Duty to prisoners 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 connexion therewith to the Superintendent; and (L.N. 174 of 2025)(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. (L.N. 174 of 2025)(j)-(k) (Repealed L.N. 174 of 2025) 145. Duty to examine prisoners’ food, bedding, etc. 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. 146. Duty to prevent epidemic 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. 147. Duty to give written directions for the segregation of prisoners 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. 148. Duty to make special reports regarding a prisoner’s health (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) 149. Duty to keep a journal 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. 150. Duty relating to the death of a prisoner 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. 151. Duty to examine prisoner on discharge 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. 152. Power to appoint hospital orderlies 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 connexion with a hospital as may be necessary. 153. Duty to report irregularity 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. 154.

Duty to lock up medicines (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. 155. (Repealed L.N. 65 of 1969) 156. Duty to submit journal to Commissioner 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) 157. Duty to submit annual report 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. 158. Duty to report use of strait-jacket or confinement in protected room to Commissioner 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) 159. Duty to conform to rules and Commissioner’s order, etc. 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. 160. (Repealed L.N. 152 of 1993) 161. Duty to draw attention of Superintendent to prisoners with suicidal intentions 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.Chief Officer on Hospital Duties(L.N. 150 of 2014) 162. Hours of duty 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) 163. Duty as to drugs, prescriptions, etc. (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 connexion 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. 164. Performance of duties in absence of Chief Officer 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)Principal Officers on Hospital Duties(L.N. 150 of 2014) 165. Rules relating to Chief Officers on hospital duties to apply to 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)Other Staff on Hospital Duties(L.N. 150 of 2014) 166. Duty to carry out medical instructions of Medical Officer 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) Subdivision 5 Chaplains (L.N. 150 of 2014) 167. Power of chaplains to visit prisoners (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) 168. Duty of chaplains to report abuses, etc. 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. 169. Celebration of Holy Communion (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. 169A. Supplementary provisions for rules 167 and 169 (1) Despite rules 167 and 169, the Superintendent may, for one or more purposes mentioned in subrule (2)—(a) impose any restrictions or conditions on any relevant function of the chaplains; or(b) prohibit the performance of the function.(2) The purposes are—(a) safeguarding national security;(b) preventing or detecting any criminal offence;(c) rehabilitating any prisoner; (d) safeguarding any individual’s personal safety;(e) maintaining the security, good order and discipline of the prison.(L.N. 174 of 2025) 170. Duty to furnish report 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) Subdivision 6 Secretary (L.N. 150 of 2014) 171. Responsibility of Secretary 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) Subdivision 7 Stores Control Officer and Sub-storekeepers (L.N. 150 of 2014) 172. Responsibilities and duties 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. Subdivision 8 Clerical Staff (L.N. 150 of 2014) 173. Interchangeability of duties 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. 174. Duty to attend to their duties (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. 175. (Repealed L.N. 44 of 1966) 176. (Repealed L.N. 44 of 1966) 177. (Repealed L.N. 44 of 1966) 178. (Repealed L.N. 44 of 1966) 179. (Repealed L.N. 44 of 1966) 180. (Repealed L.N. 44 of 1966) 181. (Repealed L.N. 44 of 1966) 182. (Repealed L.N. 44 of 1966) 183. (Repealed L.N. 44 of 1966) 184. (Repealed L.N. 44 of 1966) 185. (Repealed L.N. 44 of 1966) 186. (Repealed L.N. 44 of 1966) 187. (Repealed L.N. 44 of 1966) Part II Special Rules for Particular Class of Prisoners (L.N. 150 of 2014) Division 1 Prisoners Awaiting Trial (L.N. 150 of 2014) Subdivision 1 General (L.N. 150 of 2014) 188. Prisoners awaiting trial (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); (23 of 1997 s. 28)(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 subrule (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. (L.N. 150 of 2014) Subdivision 2 Admission and Treatment (L.N. 150 of 2014) 189. Bath 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. 190. Segregation Prisoners awaiting trial shall be kept apart from convicted prisoners and shall not be allowed to associate with them at any time. 191. Power of Superintendent to modify routine 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. Subdivision 3 Articles for Personal Use (L.N. 150 of 2014; L.N. 174 of 2025) 192. (Repealed L.N. 174 of 2025) 193. (Repealed L.N. 174 of 2025) 194. (Repealed L.N. 174 of 2025) 195. (Repealed L.N. 174 of 2025) 196. (Repealed L.N. 174 of 2025) 197. (Repealed L.N. 174 of 2025) 198. Prohibition of sale 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. Subdivision 4 Cleanliness (L.N. 150 of 2014) 199. Direction as to hair cutting 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) 200. Duty as to cleanliness of room, etc. 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) Subdivision 5 Employment (L.N. 150 of 2014) 201. Option of 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. Subdivision 6 Means of Occupation (L.N. 150 of 2014; L.N. 174 of 2025) 202. Supply of means of occupation The Superintendent must supply to any prisoner awaiting trial, at the prisoner’s own expense, newspapers or other means of occupation that are not, in the opinion of the Superintendent, of an objectionable nature, so long as the Superintendent has reasonable grounds to believe that the supply will not bring about one or more of the following effects—(a) being contrary to the interests of national security;(b) tending to cause the commission of any criminal offence;(c) posing a threat to any individual’s personal safety;(d) posing a threat to the security, good order and discipline of the prison.(L.N. 174 of 2025) Subdivision 7 Visits and Communications (L.N. 150 of 2014) 203. Rules as to visitors (1) Subject to these rules, a prisoner awaiting trial must not receive any visit from any person who has not been authorized under subrule (2).(2) The Commissioner may authorize any person whom the Commissioner considers appropriate for the purposes of subrule (1).(3) Subject to the restrictions and conditions mentioned in subrule (4), a prisoner awaiting trial may receive a visit from any person for one or both of the following purposes—(a) enabling the prisoner to maintain connections with his or her family or with society;(b) providing moral support or material support to the prisoner.(4) The restrictions and conditions are that—(a) the prisoner must consent to receiving the visit;(b) the visit must not be made otherwise than on the date and at the time specified by the Superintendent;(c) every prisoner awaiting trial must not receive the visit more than once per day; (d) the visit must be made by not more than 2 visitors on each occasion;(e) the visit is limited to 15 minutes on each occasion;(f) at least 1 officer of the Correctional Services Department must be present during the visit; and(g) a person who wishes to make the visit must produce the person’s proof of identity (as defined by section 17B(1) of the Immigration Ordinance (Cap. 115)) in advance to an officer of the Correctional Services Department for inspection, and provide the person’s name, address, the relationship to the prisoner, and other personal data that the Superintendent reasonably considers to be necessary for the purposes of this rule, to the officer for record purposes.(5) Despite subrule (3), the Superintendent may, for one or more of the purposes mentioned in subrule (6)—(a) in relation to the visit—(i) vary one or more of the restrictions or conditions mentioned in subrule (4); or(ii) impose any other restrictions or conditions; or (b) prohibit the visit.(6) The purposes are—(a) safeguarding national security;(b) preventing or detecting any criminal offence;(c) safeguarding any individual’s personal safety;(d) maintaining the security, good order and discipline of the prison.(L.N. 174 of 2025) 204. Private medical adviser Subject to rule 204A, every prisoner awaiting trial may, for the purpose of the prisoner’s defence, receive a visit from a registered medical practitioner selected by the prisoner, or by a person who may act on the prisoner’s behalf, under the same conditions as applicable to a visit by a barrister or solicitor.(L.N. 174 of 2025) 204A. Prisoners awaiting trial may be restricted from receiving visits from particular registered medical practitioners in certain circumstances (1) This rule applies if—(a) a prisoner awaiting trial, or a person who may act on the prisoner’s behalf, requests to receive a visit from a particular registered medical practitioner under rule 204; or(b) a prisoner awaiting trial is receiving a visit from a particular registered medical practitioner under that rule.(2) A specified officer may apply to a magistrate in accordance with subrule (3) for the issue of a warrant by the magistrate under subrule (5) in relation to the prisoner.(3) The application must be supported by information on oath and be made ex parte to a magistrate by a specified officer.(4) However, if the magistrate considers, in the circumstances of the case, that it is in the interests of justice for the proceedings relating to the application to be held inter partes, the magistrate may direct the proceedings to be so held.(5) If the magistrate hearing the application is satisfied that there are reasonable grounds to believe that the circumstances mentioned in subrule (6) exist, the magistrate may issue a warrant authorizing an officer of the Correctional Services Department to impose the following restrictions on the prisoner—(a) the prisoner must not, within the period specified in the warrant, receive any visit from the medical practitioner; but(b) the prisoner may, under these rules, receive a visit from any other registered medical practitioner selected by the prisoner, or by a person who may act on the prisoner’s behalf.(6) The circumstances are—(a) the prisoner’s receiving of a visit from the medical practitioner will—(i) endanger national security; or(ii) cause bodily harm to any person;(b) the prisoner has benefited from any criminal offence committed or allegedly committed by him or her, and the prisoner’s receiving of a visit from the medical practitioner will hinder the recovery of the benefit unless the authorization is given; or(c) the prisoner’s receiving of a visit from the medical practitioner will pervert or obstruct the course of justice unless the authorization is given.(7) If an application is made under subrule (2), then before the magistrate decides the application, the prisoner—(a) must not receive any visit from the medical practitioner; but(b) may, under these rules, receive a visit from any other registered medical practitioner selected by the prisoner, or by a person who may act on the prisoner’s behalf.(8) The Commissioner may, for the purposes of this rule, authorize any officer of the Correctional Services Department (other than an officer of the Correctional Services Department not below the rank of Superintendent).(9) In this rule— specified officer (指明人員) means— (a) an officer of the Correctional Services Department not below the rank of Superintendent; or (b) an officer of the Correctional Services Department authorized under subrule (8). (L.N. 174 of 2025) 204B. Supplementary provisions for rule 204A (1) If, after the issue of a warrant under rule 204A(5), a specified officer (as defined by rule 204A(9)) no longer has reasonable grounds to believe that the circumstances mentioned in rule 204A(6) exist, an officer of the Correctional Services Department must immediately cease to impose on the prisoner the restrictions under rule 204A(5).(2) If a warrant is issued under rule 204A(5) in relation to a prisoner awaiting trial, the prisoner may apply to a magistrate to vary or revoke the warrant.(3) An application made under rule 204A(2) or subrule (2) must be heard in a closed court.(4) Despite subrule (3), the magistrate hearing the application may, either on the magistrate’s own motion or on application by any party to the hearing, order the application to be heard in open court.(5) However, the magistrate concerned may only make an order under subrule (4) on being satisfied that doing so is necessary in the interests of justice and would not be contrary to the interests of national security.(L.N. 174 of 2025) 205. (Repealed L.N. 174 of 2025) 206. Written communications (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 communication or for preparing the defence.(2) Subject to rule 52C, if a prisoner awaiting trial prepares confidential written communication as instructions to the prisoner’s barrister or solicitor, and the barrister or solicitor or a person who assists the barrister or solicitor’s performance of his or her functions as a barrister or solicitor (assistant) visits the prisoner under rule 52, the communication may be delivered by the prisoner personally to the barrister, solicitor or assistant without previously being read by an officer of the prisons.(3) This rule does not affect—(a) rule 47 (except rule 47(2) and (3)); and (b) rules 47A and 47B. (L.N. 174 of 2025)(L.N. 275 of 1997; L.N. 174 of 2025) 207. Attendance at religious services 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) Subdivision 8 Miscellaneous (L.N. 150 of 2014) 208. Power of visiting justices and Superintendent to grant and withdraw facilities (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. 209. (Repealed L.N. 152 of 1993) Division 2 Appellants (L.N. 150 of 2014) 210. 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. 2 of 1974; L.N. 275 of 1997) 211. Option of employment 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. 212. Earnings for work done 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. 213. Private medical adviser Subject to rule 213A, every appellant may, for the purpose of the appellant’s appeal, receive a visit from a registered medical practitioner selected by the appellant, or by a person who may act on the appellant’s behalf, under the same conditions as applicable to a visit by a barrister or solicitor.(L.N. 174 of 2025) 213A. Appellants may be restricted from receiving visits from particular registered medical practitioners in certain circumstances (1) This rule applies if—(a) an appellant, or a person who may act on the appellant’s behalf, requests to receive a visit from a particular registered medical practitioner under rule 213; or(b) an appellant is receiving a visit from a particular registered medical practitioner under that rule.(2) A specified officer may apply to a magistrate in accordance with subrule (3) for the issue of a warrant by the magistrate under subrule (5) in relation to the appellant.(3) The application must be supported by information on oath and be made ex parte to a magistrate by a specified officer.(4) However, if the magistrate considers, in the circumstances of the case, that it is in the interests of justice for the proceedings relating to the application to be held inter partes, the magistrate may direct the proceedings to be so held.(5) If the magistrate hearing the application is satisfied that there are reasonable grounds to believe that the circumstances mentioned in subrule (6) exist, the magistrate may issue a warrant authorizing an officer of the Correctional Services Department to impose the following restrictions on the appellant—(a) the appellant must not, within the period specified in the warrant, receive any visit from the medical practitioner; but(b) the appellant may, under these rules, receive a visit from any other registered medical practitioner selected by the appellant, or by a person who may act on the appellant’s behalf.(6) The circumstances are—(a) the appellant’s receiving of a visit from the medical practitioner will—(i) endanger national security; or(ii) cause bodily harm to any person;(b) the appellant has benefited from any criminal offence committed or allegedly committed by him or her, and the appellant’s receiving of a visit from the medical practitioner will hinder the recovery of the benefit unless the authorization is given; or(c) the appellant’s receiving of a visit from the medical practitioner will pervert or obstruct the course of justice unless the authorization is given.(7) If an application is made under subrule (2), then before the magistrate decides the application, the appellant—(a) must not receive any visit from the medical practitioner; but(b) may, under these rules, receive a visit from any other registered medical practitioner selected by the appellant, or by a person who may act on the appellant’s behalf.(8) The Commissioner may, for the purposes of this rule, authorize any officer of the Correctional Services Department (other than an officer of the Correctional Services Department not below the rank of Superintendent).(9) In this rule— specified officer (指明人員) means— (a) an officer of the Correctional Services Department not below the rank of Superintendent; or (b) an officer of the Correctional Services Department authorized under subrule (8). (L.N. 174 of 2025) 213B. Supplementary provisions for rule 213A (1) If, after the issue of a warrant under rule 213A(5), a specified officer (as defined by rule 213A(9)) no longer has reasonable grounds to believe that the circumstances mentioned in rule 213A(6) exist, an officer of the Correctional Services Department must immediately cease to impose on the appellant the restrictions under rule 213A(5).(2) If a warrant is issued under rule 213A(5) in relation to an appellant, the appellant may apply to a magistrate to vary or revoke the warrant.(3) An application made under rule 213A(2) or subrule (2) must be heard in a closed court.(4) Despite subrule (3), the magistrate hearing the application may, either on the magistrate’s own motion or on application by any party to the hearing, order the application to be heard in open court.(5) However, the magistrate concerned may only make an order under subrule (4) on being satisfied that doing so is necessary in the interests of justice and would not be contrary to the interests of national security.(L.N. 174 of 2025) 214. Written communications (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 communication or for preparing the appeal.(2) Subject to rule 52C, if an appellant prepares confidential written communication as instructions to the appellant’s barrister or solicitor, and the barrister or solicitor or a person who assists the barrister or solicitor’s performance of his or her functions as a barrister or solicitor (assistant) visits the appellant under rule 52, the communication may be delivered by the appellant personally to the barrister, solicitor or assistant without previously being read by an officer. (31 of 1983 s. 8)(3) This rule does not affect—(a) rule 47 (except rule 47(2) and (3)); and(b) rules 47A and 47B. (L.N. 174 of 2025)(L.N. 275 of 1997; L.N. 174 of 2025) Division 3 Prisoners Committed for Contempt, etc. (L.N. 150 of 2014) 215. Application of rules as to privileges and remission of sentence (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) (Sub-heading repealed L.N. 152 of 1993) 216. (Repealed L.N. 152 of 1993) 217. (Repealed L.N. 152 of 1993) 218. (Repealed L.N. 152 of 1993) 219. (Repealed L.N. 152 of 1993) 220. (Repealed L.N. 152 of 1993) 221. (Repealed L.N. 152 of 1993) Part III Visiting Justices and Prison Visitors (L.N. 150 of 2014) Division 1 Visiting Justices (L.N. 150 of 2014) 222. Duty to visit prisons (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) 223. Duty to record recommendations 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) 224. Interest in contracts Visiting justices shall not have any interest in any contract made in respect of any prisons or hostels.(44 of 1987 s. 3) 225. Co-operation with Commissioner 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) 226. Duty to report abuses (1) Visiting justices shall ensure that all abuses in connexion 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) 227. Duty to supply information 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) 228. Duty to hear complaints (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) 229. Duty to report injuries caused by discipline or treatment 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) 230. Duty as to prisoners’ diets 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) 231. Power to inspect books Visiting justices may inspect any of the books of the prison or hostel.(44 of 1987 s. 3) 232. Duty to advise on employment and occupation 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) 233. Power to organize lectures and addresses 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) 234. Duty to inquire and report on state of prison buildings 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) 235. Duty to discharge other duties assigned by the Chief Executive Visiting justices shall also discharge such other duties as may be assigned to them by the Chief Executive.(15 of 1999 s. 3) Division 2 Prison Visitors (L.N. 150 of 2014) 236. Appointment of 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) Part IV Enforcement Powers (L.N. 150 of 2014; L.N. 174 of 2025) 237. Use of force No officer of the Correctional Services Department may use unnecessary force in performing a function as such an officer.(L.N. 174 of 2025) 238. Occasions when arms may be used (1) This rule applies if—(a) a prisoner escapes or attempts to escape, or a person assists a prisoner in escaping;(b) a person participates in or facilitates collective disturbance of prisoners;(c) a person attempts to force or break open the outside door, gate or enclosure wall of a prison;(d) a prisoner uses, or a person and a prisoner jointly use, violence to another person; or(e) a person uses violence to an officer of the Correctional Services Department performing a function as such an officer, or to a prisoner.(2) An officer of the Correctional Services Department may, in so far as it is reasonably necessary, stop any person (subject person), by the use of arms, from doing an act mentioned in subrule (1).(3) However, if the act is one mentioned in subrule (1)(d) or (e), an officer of the Correctional Services Department may so use arms only if the officer has reasonable grounds to believe that a person to whom the violence is used is in danger of life, or limb, or that other grievous harm is likely to be caused to the person.(4) Before using arms against the subject person under subrule (2), the officer must warn the subject person that the officer is about to fire on the subject person, unless it is not reasonably practicable in the circumstances.(L.N. 174 of 2025) 238AA. Offence of resisting or obstructing officer in performing certain functions (1) A person who, without reasonable excuse, resists or obstructs an officer of the Correctional Services Department in the performance of a function as such an officer commits an offence and is liable on conviction to a fine at level 1 and to imprisonment for 6 months.(2) In criminal proceedings for an offence under subrule (1)—(a) the burden of establishing that a person has a reasonable excuse mentioned in that subrule lies on the person; and(b) the person is taken to have established the reasonable excuse if—(i) there is sufficient evidence to raise an issue with respect to the reasonable excuse; and(ii) the contrary is not proved by the prosecution beyond reasonable doubt.(L.N. 174 of 2025) 238AAB. Power of officer to arrest (1) If an officer of the Correctional Services Department reasonably suspects that a person (subject person) has committed an offence under rule 238AA(1), or has committed any criminal offence for doing an act mentioned in rule 238(1), the officer may arrest the subject person without warrant.(2) After an officer of the Correctional Services Department arrests a subject person under subrule (1), the officer must as soon as reasonably practicable hand the subject person over to the custody of a police officer to be dealt with in accordance with the Police Force Ordinance (Cap. 232).(3) If the subject person forcibly resists or attempts to evade arrest under subrule (1), an officer of the Correctional Services Department may effect the arrest by the use of force that is reasonably necessary.(L.N. 174 of 2025) 238AAC. Immunity from civil liability (1) An officer of the Correctional Services Department is not civilly liable for an act done or omitted to be done by the officer in good faith in performing, or purportedly performing, a function as such an officer.(2) Subrule (1) does not affect any liability of the Government for the act or omission of any officer of the Correctional Services Department.(L.N. 174 of 2025) Part V Disciplinary Provisions Applicable to All Officers and Other Persons Employed in Prisons (L.N. 150 of 2014) Division 1 Offences against Discipline (L.N. 150 of 2014) 238A. Interpretation of this Part In this Part—accused (被控者) means a Chief Officer, subordinate officer or any other person employed in the prisons who is charged with a disciplinary offence;defence representative (辯護代表) means a person specified in rule 245A(1)(a) or (b) who represents an accused at a hearing;hearing (聆訊) means a hearing conducted in respect of a disciplinary offence. (L.N. 174 of 2025)(L.N. 60 of 2012; L.N. 174 of 2025) 239. Offences (1) Any officer of the Correctional Services Department or other person employed in the prisons commits a disciplinary offence who— (L.N. 65 of 1969; L.N. 30 of 1982)(a) without good and sufficient cause fails to carry out any lawful order, whether written or verbal;(b) is insubordinate towards any officer in the service of the Correctional Services Department whose orders it is for the time being his duty to obey; (L.N. 30 of 1982)(c) (i) neglects, or without good and sufficient cause fails to do, promptly and diligently, anything which it is his duty to do; or(ii) by carelessness or neglect in the performance of his duty contributes to the occurrence of any loss, damage or injury to any person or property;(d) knowingly makes any false, misleading, or inaccurate statement in connexion with his duty either verbally, or in any official document or book, or signs any such statement, or with intent to deceive, destroys or mutilates any such document or book, or erases any entry therein;(e) (Repealed L.N. 275 of 1997)(f) (i) (Repealed L.N. 353 of 1981)(ii) fails to account for, or to make a prompt and true return of, any money or property for which he is responsible whether in connexion with his duties as an officer of the Correctional Services Department or other person employed in the prisons or with any club or fund connected with the prison or the staff; (L.N. 30 of 1982; 31 of 1983 s. 8)(iii) improperly uses his position as an officer of the Correctional Services Department or other person employed in the prisons to his personal advantage; (L.N. 30 of 1982)(g) without proper authority—(i) carries out any pecuniary or business transaction with or on behalf of any prisoner or ex-prisoner, or with a relative or friend of any prisoner or ex-prisoner;(ii) brings in or carries out, or attempts to bring in or carry out, or knowingly allows to be brought in or carried out, to or for any prisoner any article whatsoever;(iii) solicits or accepts any advantage from any prisoner or ex-prisoner, or from a friend or relative of any prisoner or ex-prisoner; (L.N. 353 of 1981)(h) (i) without proper authority communicates with any ex-prisoner or with a relative, or friend of any prisoner, or ex-prisoner;(ii) communicates with a prisoner for an improper purpose;(iii) allows any undue familiarity between a prisoner and himself, or any other person employed in the prisons;(iv) discusses his duties, or any matters of discipline or prison arrangement, within the hearing of a prisoner;(i) deliberately acts in a manner calculated to provoke a prisoner;(j) without necessity uses force in dealing with the prisoners, or where the use of force is necessary, uses undue force;(k) without proper authority or reasonable excuse—(i) absents himself from the prison, or from any parade, or place of duty;(ii) arrives late for any duty or parade;(l) (i) wilfully or negligently damages or loses any article of clothing, or personal equipment with which he has been provided, or entrusted, or fails to take proper care thereof;(ii) neglects to report any damage to, or loss of, any article of clothing, or personal equipment, however caused;(m) when on duty, or called upon for duty, is unfit for duty by reason of alcoholic drink or of drugs taken otherwise than under medical direction; (L.N. 154 of 1977)(n) (i) while on or off duty acts in a disorderly manner, or in any manner prejudicial to discipline, or likely to bring discredit on the service; (31 of 1983 s. 8)(ii) smokes, or drinks intoxicating liquor either within the prison walls (except under such restrictions as to time and place as may be prescribed), or while on duty in a court of law, or when in charge of prisoners outside the prison;(o) borrows money from an officer subordinate or junior in rank, or lends money to his superior officer, or stands surety for a brother officer in raising a loan;(p) contravenes any of these rules or commits any breach of duty; (L.N. 65 of 1969)(q) is guilty of anything, whether by reason of contravention of government regulations or otherwise, which amounts to misconduct in a public officer; (L.N. 154 of 1977; 15 of 1999 s. 3)(r) having been interdicted under the Ordinance, does not immediately give up his keys and accoutrements.(2) In this rule advantage (利益) means— (a) any gift, loan, fee, reward or commission consisting of money or of any valuable security or of other property or interest in property of any description; (b) any office, employment or contract; (c) any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part; (d) any other service, or favour (other than entertainment), including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary, civil or criminal nature, whether or not already instituted; (e) the exercise or forbearance from the exercise of any right or any power or duty; and (f) any offer, undertaking or promise, whether conditional or unconditional, of any advantage within the meaning of any of the preceding paragraphs (a), (b), (c), (d) and (e). (L.N. 353 of 1981) (Sub-heading repealed L.N. 154 of 1977) 240. (Repealed L.N. 154 of 1977) 241. (Repealed L.N. 154 of 1977) 242. (Repealed L.N. 154 of 1977) Division 3 Rules of Procedure and Disciplinary Awards (L.N. 150 of 2014) 243. Procedure as to charges (1) A charge against an accused must be entered on a charge sheet as soon as practicable after consideration by an officer, not being below the rank of Chief Officer, of the report upon which the charge is based. (G.N.A. 68 of 1961; L.N. 44 of 1966; L.N. 65 of 1969; L.N. 154 of 1977)(2) The disciplinary offence alleged must be specifically stated in the charge sheet which must also contain the particulars that leave the accused under no misapprehension as to the charge. (L.N. 60 of 2012 and L.N. 150 of 2014)(3) (a) The charge sheet together with a list of witnesses whom it is proposed to call and any written statements which it is proposed to adduce in support of the charge must be served on the accused at the earliest possible moment.(b) (Repealed L.N. 60 of 2012 and L.N. 150 of 2014)(c) The accused must be allowed a reasonable opportunity to make copies of all documents for the purposes of the defence, and must, if the accused so requests, be given copies of them. (L.N. 60 of 2012 and L.N. 150 of 2014)(L.N. 60 of 2012) 243A. Appointment of prosecutor The Commissioner must appoint a prosecutor for the purposes of the proceedings against an accused under this Part.(L.N. 60 of 2012) 244. Duty to make reply (1) The accused must, as soon as possible, and in any case not later than 24 hours after receipt of the charge sheet—(a) state in writing on the charge sheet his or her reply to the charge; (b) set out on a list the names of the witnesses the accused wishes to call; and (c) return the charge sheet to a senior officer specified for the purpose of this rule on the charge sheet. (2) The senior officer must transmit the charge sheet, list of witnesses and all written statements to the prosecutor.(L.N. 60 of 2012) 245. Power of Superintendent to hear charges (1) Subrule (2) or (3) applies if on consideration of the report on which the charge is based and the written statements (if any), the Superintendent considers that the charge is within his or her competence, and that, if it is admitted or found proved, the Superintendent’s powers of punishment are sufficient.(2) If the accused admits the charge, the Superintendent must, after hearing—(a) the accused or the defence representative; (b) any witness called by the accused for the purpose of extenuation or explanation; and(c) any other witnesses whom the Superintendent or the prosecutor may consider desirable to call,either caution the accused, or make a disciplinary award within the Superintendent’s powers.(3) If the accused denies the charge, the Superintendent must, at the earliest possible moment, arrange for the attendance of all necessary witnesses and must, after hearing—(a) all the evidence;

and(b) any explanation given by the accused or the defence representative,either dismiss the charge or, if the Superintendent finds the charge proved, administer a caution or make a disciplinary award within the Superintendent’s powers.(4) If the Superintendent, after hearing all of the evidence on a charge, comes to the conclusion that the charge is proved but that the case should be referred to the Commissioner, the Superintendent must so refer the case and immediately inform the accused accordingly.(5) If the accused is informed by the Superintendent that the case has been referred to the Commissioner under subrule (4), the accused may, within 14 days after being so informed or within any further period that the Commissioner may allow, make representations in writing to the Commissioner.(6) If on consideration of the report on which the charge is based and the written statements (if any), the Superintendent considers that the charge is not within his or her competence or that, although it is within his or her competence, his or her powers of punishment would be insufficient if the charge were admitted or found proved, the Superintendent must refer the case to the Commissioner and must so inform the accused.(7) The Commissioner may either deal with the case in person or direct the Deputy Commissioner to hear the charge and must so inform the accused.(L.N. 60 of 2012 and L.N. 150 of 2014) 245A. Representation of accused at hearing (1) An accused may be represented at a hearing by—(a) (subject to the Commissioner’s approval) a barrister or solicitor; or(b) any other person of the accused’s choice who is approved by the Commissioner for the purpose,and the person specified in paragraph (a) or (b) may conduct the defence on the accused’s behalf.(2) If the Commissioner gives approval under subrule (1)(a), the accused may be represented at the hearing by a barrister or solicitor of the accused’s choice.(3) Despite subrule (1), the accused must attend the hearing in person.(4) If the accused is represented at the hearing by a barrister or solicitor, the person hearing the charge and the prosecutor may separately be assisted by a barrister or solicitor at the hearing.(L.N. 60 of 2012 and L.N. 150 of 2014) 246. Procedure at hearing (1) An accused and the defence representative must be allowed to hear all of the evidence adduced at a hearing.(2) The prosecutor or any barrister or solicitor assisting the prosecutor may examine and re-examine any witness giving evidence against the accused, and may cross-examine any witness called by the accused.(3) The accused or the defence representative may cross-examine any witness giving evidence against the accused, and may examine and re-examine any witness called by the accused.(4) The person hearing a charge may—(a) call witnesses; and (b) ask any witness any question,that the person considers may assist him or her in determining the case.(L.N. 60 of 2012) 246A. Proceedings in accused’s absence Where an accused is required to appear in person in any proceedings under this Part and repeatedly fails to appear, the person hearing the charge may proceed in the absence of the accused if satisfied that the accused has no reasonable excuse for the failures.(L.N. 60 of 2012) 246B. Record of proceedings (1) The person hearing a charge must make, or cause to be made, a written record of the proceedings of a hearing. (2) The person hearing a charge may make, or cause to be made, an audio recording or audio and visual recording of the proceedings, or any part of the proceedings, of a hearing.(L.N. 60 of 2012) 247. Power of Superintendent to make disciplinary awards The Superintendent may make any of the following disciplinary awards—(a) (i) administer a fine of an amount not exceeding 1 day’s pay, which may or may not be accompanied by a reprimand, or a severe reprimand; or(ii) without administering a fine, award a reprimand, or a severe reprimand; or(b) award extra duty for a period not exceeding 12 hours provided that such extra duty shall not exceed 6 hours in one working week.(L.N. 2 of 1974; L.N. 242 of 1983) 248. Power of Deputy Commissioner to make disciplinary awards If the Deputy Commissioner hears any charge which has been referred to him or her by the Commissioner under rule 245(7), the Deputy Commissioner must, after hearing all of the evidence and the explanation, if any, of the accused, either dismiss the charge or, if the charge is found proved—(a) administer a caution; or(b) award any one or more of the following punishments—(i) reduction in rank;(ii) stoppage or deferment of increment;(iii) if the charge is an offence against rule 239(1)(k)(i), forfeiture of pay (excluding allowances) for a period not exceeding 1 month or the period of absence, whichever is greater;(iv) a fine not exceeding 1 month’s salary (excluding allowances);(v) severe reprimand;(vi) reprimand;(vii) extra duties.(L.N. 60 of 2012) 249. Powers of Commissioner on considering a referred case or on hearing of charge The Commissioner must, on consideration of a case referred to him or her under rule 245(4) or on hearing a case under rule 245(7)—(a) if in the Commissioner’s opinion the evidence does not show that a disciplinary offence has been committed, dismiss the charge;(b) if in the Commissioner’s opinion the evidence shows that a disciplinary offence has been committed, either—(i) award a punishment within the Commissioner’s powers; or(ii) refer the case to the Chief Executive.(L.N. 60 of 2012) 250. Reference of case to Chief Executive (1) If the Commissioner refers a case to the Chief Executive, the Commissioner must forward to the Chief Executive—(a) a copy of the charge sheet;(b) a copy of the written record of proceedings made in respect of the case under rule 246B(1) certified by the Commissioner to be a true copy of the original;(c) the accused’s record of service; and(d) a report setting out—(i) the Commissioner’s reasons for considering the charge proved; and(ii) the Commissioner’s recommendation with respect to punishment or otherwise.(2) The Commissioner must inform the accused of the reference.(3) The accused may make representations in writing to the Chief Executive within 14 days after being informed of the reference under subrule (2) or any further period that the Chief Executive may allow.(L.N. 60 of 2012 and L.N. 150 of 2014) 251. Procedure when case referred to Chief Executive On reference to the Chief Executive of a case and after consideration of any representations made by the accused, the Chief Executive must—(a) if in the Chief Executive’s opinion the charge has not been proved, either—(i) dismiss the charge; or(ii) order either a further investigation by the Commissioner, or a fresh investigation in a manner and by a person or persons that the Chief Executive thinks fit;(b) if in the Chief Executive’s opinion the charge is proved, or if, after any further or fresh investigation ordered under paragraph (a)(ii), the Chief Executive is of that opinion, award a punishment within the Chief Executive’s powers.(L.N. 60 of 2012) 252. Punishment awarded to be entered in record of service Every punishment awarded shall be entered in the service record of the officer or person so punished.(L.N. 154 of 1977) 253. Procedure where Commissioner has delegated powers (1) If the Commissioner has authorized under section 24(2) of the Ordinance another person to exercise or perform the Commissioner’s powers, functions or duties under rules 249, 250 and 251—(a) a reference in those rules to the Commissioner is to be regarded as a reference to that other person; and(b) a reference in those rules to the Chief Executive is to be regarded as a reference to the Commissioner.(2) A case referred to the Commissioner by another person under rule 249(b)(ii) as modified by subrule (1) may be referred to the Chief Executive by the Commissioner in accordance with rule 250. (L.N. 60 of 2012 and L.N. 150 of 2014) 254. Punishment of officers (other than Assistant Officers) and other persons A Chief Officer, subordinate officer (other than an Assistant Officer) or other person employed in the prisons who is found guilty of or pleads guilty to a disciplinary offence may be punished by the award of any one or more of the following punishments—(a) by the Commissioner—(i) reduction in rank;(ii) stoppage or deferment of increment;(iii) where the offence is against rule 239(k)(i), forfeiture of pay (excluding allowances) for a period not exceeding one month or the period of absence, whichever is the greater;(iv) a fine not exceeding one month’s salary (excluding allowances);(v) severe reprimand;(vi) reprimand;(vii) extra duties;*(b) by the Chief Executive— (15 of 1999 s. 3)(i) the punishments described in paragraph (a);(ii) dismissal without retirement benefits; (L.N. 242 of 1983)(iii) compulsory retirement with full retirement benefits or reduced retirement benefits or without retirement benefits. (L.N. 242 of 1983; 36 of 1987 s. 55; 6 of 2009 s. 13)(L.N. 154 of 1977)Editorial Note: * Rule 254(b)(ii) and (iii) was amended by section 13 of the Disciplined Services Legislation (Miscellaneous Amendments) Ordinance 2009 (6 of 2009). For the relevant transitional provisions, please see section 30 of that Amendment Ordinance. 255. Punishment of Assistant Officers An Assistant Officer who is found guilty of or pleads guilty to a disciplinary offence may be punished by the Commissioner or the Chief Executive by the award of any one or more of the punishments referred to in rule 254(b).(L.N. 154 of 1977; 15 of 1999 s. 3) 255AA. Alternative punishment of Assistant Officer absent without leave Without prejudice to any other disciplinary provisions applicable to him under these rules, where an Assistant Officer is absent from duty without leave for a period exceeding 21 days and it is reported to the Chief Executive by the Commissioner that—(a) such officer cannot be traced; or(b) on being required by the Commissioner by notice in writing (sent to any address through which it may reasonably be expected to reach him) to give, within the period specified in the notice, an excuse for his absence, the officer has failed to give any excuse or to give an excuse that is acceptable to the Commissioner,the Chief Executive may without further proceedings summarily dismiss the officer.(L.N. 242 of 1983; 15 of 1999 s. 3) 255A. Order for payment for damage, etc. to equipment, etc. A punishment awarded under rule 254 or 255 may include an order for the payment by the officer or person punished of the cost of replacing or repairing any article of clothing, equipment or other property lost or damaged by him and with which he has been provided or entrusted by the Government.(L.N. 154 of 1977) 255B. Punishment where criminal offence is committed (1) The punishment of a Chief Officer, subordinate officer or other person employed in the prisons who in criminal proceedings is found guilty of or pleads guilty to a criminal offence shall be in accordance with this rule.(2) In the case of an officer (other than an Assistant Officer) or other person employed in the prisons, the Commissioner shall as soon as practicable—(a) refer the case to the Chief Executive; and(b) notify the officer or person that he has done so and that the officer or person may make representations in writing to the Chief Executive in mitigation of punishment within 14 days of receiving such notice or within such further period as the Chief Executive may allow. (15 of 1999 s. 3)(3) In referring a case under subrule (2) the Commissioner shall send to the Chief Executive— (15 of 1999 s. 3; L.N. 150 of 2014)(a) a copy of the record of the criminal proceedings; (L.N. 60 of 2012)(b) the record of service of the officer or person concerned; and(c) his recommendation with respect to punishment or otherwise.(4) The Chief Executive may, after considering any representations made by the officer or person, award any one or more of the punishments he may award under rule 254(b) in respect of a disciplinary offence by an officer (other than an Assistant Officer) or other person employed in the prisons. (15 of 1999 s. 3)(5) In the case of an Assistant Officer, the Commissioner shall notify the officer that he may make representations in writing in mitigation of punishment within 14 days of receiving such notice and, after considering any such representations, may award any one or more of the punishments he may award under rule 255 in respect of a disciplinary offence by an Assistant Officer.(6) In subrule (1) criminal proceedings and criminal offence include respectively— (L.N. 150 of 2014)(a) criminal proceedings in; and(b) a criminal offence against the law of,any place outside Hong Kong.(L.N. 154 of 1977) Division 4 Reviews and Appeals (L.N. 150 of 2014) 255C. Review (1) Where a Chief Officer, subordinate officer or other person employed in the prisons has been found guilty of a disciplinary offence or has been punished under these rules by the Commissioner or another officer, the Commissioner may, of his own motion, within 14 days of the finding or the punishment (if it was awarded on a later day), review the finding or punishment or both, and within 14 days of the punishment he may review any punishment awarded following a plea of guilty to a disciplinary offence.(2) Upon a review under this rule the Commissioner may exercise the powers in rule 255H(a) and (b) and, subject to rule 255J, may do any of the things described in rule 255F(a), (b), (c) or (d).(L.N. 154 of 1977) 255D. Appeals A Chief Officer, subordinate officer or other person employed in the prisons (including one who has been dismissed) may appeal, in accordance with the following rules, against—(a) a finding by the Commissioner or other officer that he is guilty of a disciplinary offence;(b) any punishment awarded by the Commissioner or other officer, other than under rule 255F.(L.N. 154 of 1977) 255E. To whom appeal lies (1) The appeal shall lie—(a) to the Chief Executive, in respect of a finding made or a punishment awarded by the Commissioner; and(b) to the Commissioner in any other case.(2) The Chief Executive may delegate to the Secretary for the Civil Service, or to a public officer not below the rank of Director of Bureau, the determination of an appeal referred to in subrule (1)(a). (L.N. 150 of 2014)(L.N. 154 of 1977; 15 of 1999 s. 3) 255F. Powers of the Chief Executive and Commissioner on appeal Upon an appeal, the Chief Executive or the Commissioner, as the case may be, may— (15 of 1999 s. 3)(a) confirm or reverse the finding;(b) confirm the punishment;(c) subject to rule 255J, substitute any other punishment which could have been awarded in the first instance;(d) remit the punishment in full or in part without substituting any other punishment;(e) if he dismisses an appeal against a finding and no punishment has been awarded, treat the appeal as if it were a case referred to him for punishment and award any punishment or take any other action within his powers.(L.N. 154 of 1977) 255G. Appeal to be made within 14 days An appeal shall be made in writing within 14 days from the day on which the officer or person is informed that he has been found guilty of a disciplinary offence or from the day on which any punishment is awarded.(L.N. 154 of 1977) 255H. Further evidence may be admitted For the purpose of any appeal against a finding, the Chief Executive may— (15 of 1999 s. 3)(a) accept in whole or in part the record of the evidence already taken;(b) direct that the whole or any part of the evidence be taken again or that additional evidence be taken,and the Commissioner may, where the appeal lies to him, do any of those things and may also himself take the evidence or part thereof again or take the additional evidence.(L.N. 154 of 1977) 255I. Suspension of punishment pending appeal In the event of an appeal, any punishment (other than a severe reprimand or reprimand) awarded an officer or person shall be suspended until the appeal is disposed of or abandoned or withdrawn.(L.N. 154 of 1977) 255J. Greater punishment not to be imposed without opportunity of hearing Neither the Chief Executive nor the Commissioner shall award a greater punishment under rule 255C(2) or 255F without first allowing the officer or person a reasonable opportunity to be heard or to make representations in writing as to why the punishment should not be increased.(L.N. 154 of 1977; 15 of 1999 s. 3) 255K. Power of Chief Executive to require retirement in lieu of punishment Notwithstanding anything in these rules, where the Chief Executive is of the opinion that any officer or other person employed in the prisons who has been found guilty of or who has pleaded guilty to a disciplinary offence does not deserve to be punished but the proceedings have disclosed grounds for requiring him to retire in the public interest, the Chief Executive may without further proceedings require him to retire in the public interest.(L.N. 242 of 1983; 15 of 1999 s. 3) Part VI Correctional Services Department Welfare Fund (L.N. 150 of 2014) 256. Interpretation In this Part—corporation (法團) means the corporation sole constituted under section 24D(1) of the Ordinance;current requirement (當時需求), in relation to the Fund, means the requirement as estimated under rule 258(1);deposit account (存款帳戶) means the deposit account known as “Deposits—Correctional Services Department Welfare Fund” in English and “存款——懲教署福利基金” in Chinese;Director (署長) means the Director of Accounting Services;Fund (基金) means the Correctional Services Department Welfare Fund continued by section 24E of the Ordinance. 257. Maintenance of the Fund (1) The corporation must ensure that all money payable to the Fund under section 24F of the Ordinance is paid to the Director as soon as practicable after it is received.(2) The Director must—(a) maintain the deposit account; and(b) credit money paid under subrule (1) to the deposit account; and (L.N. 150 of 2014)(c) submit to the corporation before the 10th day of each month a return showing particulars of all transactions relating to the deposit account during the previous month. 258. Investment of surplus funds (1) The corporation may from time to time estimate the requirement of the Fund in terms of the amount (if any) by which the money payable from the Fund exceeds the money payable to the Fund during the 3 months’ period beginning from the day on which the estimate is made.(2) The corporation may—(a) invest in securities or place on deposit any money held in the deposit account that is surplus to the current requirement of the Fund from time to time; and(b) for that purpose, request the Director to pay the surplus money to the corporation.(3) The corporation must—(a) comply with any direction that the Financial Secretary may give in relation to the investments or deposits made under subrule (2); and (L.N. 150 of 2014)(b) ensure that all dividends and interest accruing from the investments and deposits made under this Part are credited to the Fund. 259. Circumstances in which investments are to be disposed of (1) If at any time the uninvested portion of the Fund falls below the amount necessary for the current requirement of the Fund, the corporation must dispose of such part of the investments of the Fund as will enable the Fund to meet that requirement.(2) In this rule, the uninvested portion of the Fund (基金的未投資部分) means the part of the Fund that is neither invested in securities nor placed on deposits under rule 258. 260. Temporary loans to the Fund (1) Pending the disposal of the investments of the Fund under rule 259, the corporation may, with the approval of the Financial Secretary, request the Director to make a loan to the Fund of an amount necessary for meeting the current requirement of the Fund.(2) If the Director has made a loan to the Fund under subrule (1), the corporation must, as soon as practicable after disposing of the relevant investments, repay to the Director the loan together with interest at such rate as the Financial Secretary may determine. (L.N. 150 of 2014) 261. Certification of vouchers (1) A person who requests the Director to make a reimbursement or payment from the Fund, must, at the time of the request, give the Director a voucher certified by the corporation or its delegate in relation to the request.(2) The Director must not make payment from the Fund on the authority of a voucher unless the voucher has been certified by the corporation or its delegate. 262. Loans by the Fund (1) A loan made from the Fund in accordance with section 24H(1) of the Ordinance is subject to the following conditions—(a) repayment by a number of monthly instalments specified by the corporation, not exceeding 48;(b) repayment in full (with any interest due) if any monthly instalment is not paid on time;(c) at the discretion of the corporation, the payment of interest at a rate that complies with subrule (2), with that interest being calculated monthly on the balance outstanding at the end of each month until the loan is repaid in full, and payable within 1 month after the date on which the previous instalment became payable. (L.N. 150 of 2014)(2) The rate mentioned in subrule (1)(c) must not exceed— (L.N. 150 of 2014)(a) 5 per cent per year; or(b) such higher percentage as the corporation may determine with the approval of the Financial Secretary.(3) The corporation may, by proceedings brought in a court of competent jurisdiction, recover as a debt any part of such a loan that is not repaid, or any interest on such a loan that is not paid, when it is due. 263. Irrecoverable assets and debts to be written off (1) The Financial Secretary, or a public officer authorized by the Financial Secretary, may authorize the corporation to write off an asset or a debt due to the Fund that the corporation considers irrecoverable.(2) The writing-off of an asset or debt under subrule (1)— (L.N. 150 of 2014)(a) is subject to any guideline or direction that the Financial Secretary may specify or give; and(b) takes effect only for the purpose of the accounting records of the Fund; and(c) does not extinguish any right of the corporation to recover the asset or debt being written off. 264. Accounting records and annual statement of accounts (1) The corporation must ensure that—(a) proper accounting records of all transactions, including investments, relating to the Fund are kept; and(b) an annual statement of accounts of the Fund is prepared for every period of 12 months ending on 31 March in each year.(2) The corporation must ensure that the accounting records and annual statement of accounts are kept and prepared in such manner as the Director may require. 264A. Audit of annual statement of accounts (1) The corporation must, within the period specified in subrule (2), submit an annual statement of accounts of the Fund to the Director of Audit for the purpose of auditing.(2) For the purposes of subrule (1), the specified period is 6 months after the end of the period to which the statement relates, or such shorter period as is agreed between the corporation and the Director of Audit.(3) The Director of Audit must, within 3 months after receiving the annual statement of accounts from the corporation—(a) audit the statement; and(b) certify the statement subject to such report (if any) as the Director of Audit thinks appropriate. 264B. Audited statement of accounts to be laid on table of Legislative Council The corporation must ensure that—(a) a copy of the audited statement of accounts of the Fund together with the report (if any) of the Director of Audit; and(b) a report by the corporation on the administration of the Fund during the period to which the statement relates,are laid on the table of the Legislative Council within 3 months after the date on which the corporation has received the audited statement from the Director of Audit, or within such further period as the Chief Executive may allow in a particular case.(Part VI replaced L.N. 254 of 1999) Part VII Prisoners’ Welfare Fund (L.N. 150 of 2014) 265. Prisoners’ Welfare Fund (1) All moneys due to the Prisoners’ Welfare Fund as prescribed by section 21A of the Ordinance shall be paid in full to the Director of Accounting Services who shall credit them to an account entitled “Deposits—Prisoners’ Welfare Fund”.(2) The Director of Accounting Services shall submit to the Commissioner, before the 10th day of each month, a return showing all transactions of the Prisoners’ Welfare Fund in his accounts during the previous month. (L.N. 254 of 1999)(3) (Repealed L.N. 254 of 1999)(L.N. 213 of 1986) 266. Investments (1) All sums considered by the Commissioner to be surplus to the normal requirements of the Prisoners’ Welfare Fund shall at his request be invested by the Director of Accounting Services in such securities or placed on deposit in such manner in Hong Kong as the Financial Secretary may from time to time approve for that purpose.(2) The dividends or interest accruing from the investments or deposits made under this rule shall be credited to the “Deposits—Prisoners’ Welfare Fund” account specified in rule 265.(L.N. 254 of 1999) 267. Valuation of investments All investments of the Prisoners’ Welfare Fund shall be valued at the middle market price in Hong Kong on 31 March in each year, and the balance of that fund on that date shall be increased or decreased as may be required in accordance with such valuation.(L.N. 254 of 1999) 268. Realization of investments Should at any time the uninvested portion of the Prisoners’ Welfare Fund fall below a figure which in the opinion of the Commissioner is the minimum necessary for the normal requirements of that fund, he shall request the Director of Accounting Services to sell on the local market such part of the fund’s investments as will together with the existing uninvested portion provide an adequate working balance.(L.N. 254 of 1999) 269. Temporary advances to the Fund (1) Pending the realization of the proceeds of sale of any investments as mentioned in rule 268, the Director of Accounting Services may, with the prior approval of the Financial Secretary, advance to the Prisoners’ Welfare Fund such sum or sums as may be considered necessary for the proper administration of that fund.(2) The Director of Accounting Services shall—(a) recover any advance made under this rule from the proceeds of the sale of the investments as soon as they are received; and(b) charge interest on any such advances at the rate earned by the Government on its main current account with The Hongkong and Shanghai Banking Corporation Limited.(L.N. 254 of 1999) 270. Certification of vouchers (1) All vouchers submitted to the Director of Accounting Services in respect of payments to be made out of the Prisoners’ Welfare Fund shall—(a) be certified by the Commissioner; or(b) have attached to them certified true copies of the Commissioner’s approval for each withdrawal, in which case the certificates and vouchers may be signed by an officer authorized to do so by the Commissioner.(2) The Commissioner shall advise the Director of Accounting Services of the name of any officer authorized by the Commissioner to sign on his behalf.(3) The Director of Accounting Services shall pay only on the authority of the Commissioner as indicated in subrule (1). (L.N. 150 of 2014)(L.N. 254 of 1999) 271. Bad debts (1) Upon the recommendation of the Commissioner, the Financial Secretary may authorize the writing-off of any asset or any debt due to the Prisoners’ Welfare Fund that he considers irrecoverable.(2) The writing-off of an asset or debt under subrule (1) shall take effect for the purpose of accounting records alone and shall not extinguish any right of the Commissioner to recover any such asset or debt. (L.N. 150 of 2014)(L.N. 254 of 1999) 272. Accounts (1) The Commissioner shall—(a) cause proper accounts to be kept of all transactions of the Prisoners’ Welfare Fund; and(b) cause to be prepared for every period of 12 months ending on 31 March in each year, a statement of the accounts of that fund.(2) The statement of the accounts of the Prisoners’ Welfare Fund shall include an income and expenditure account and balance sheet and shall be signed by the Commissioner.(3) The accounts of the Prisoners’ Welfare Fund and the signed statement of the accounts shall be audited by the Director of Audit, who shall certify the statement subject to such report, if any, as he may think fit.(4) The Commissioner shall ensure that a copy of the signed and audited statement of accounts together with the Director of Audit’s report, if any, and a report by the Commissioner on the administration of the Prisoners’ Welfare Fund during the period covered by such accounts, are laid upon the table of the Legislative Council not later than 30 September next following the end of such period, or so soon thereafter as the Chief Executive, in his absolute discretion, may allow.(L.N. 254 of 1999)