### Prisons Ordinance 《監獄條例》

12. Attendance of prisoners
(1) When the attendance of any prisoner at any place is required by a court, tribunal or other body performing judicial functions or for the purposes of any enactment, the Commissioner shall arrange for his transfer in custody to and from such place, and during any such transfer the prisoner shall be deemed to be in legal custody. (Amended 19 of 1969 s. 3)
(2) Without prejudice to subsection (1), if the Chief Executive, after consultation with the Commissioner, is satisfied that the attendance of a prisoner at any place is desirable in the interests of justice or for the purposes of any public inquiry, the Chief Executive may by order direct that prisoner to be taken to that place in pursuance of such interests or for such purposes and while absent from a prison in pursuance of such order the prisoner shall be deemed to be in legal custody. (Added 31 of 1983 s. 3. Amended 15 of 1999 s. 3)

### Prisons Ordinance 《監獄條例》

12A. Leave of absence of persons detained
(1) The Chief Executive may grant a permit to any person who is detained in a prison under section 76 of the Criminal Procedure Ordinance (Cap. 221) to be absent from the prison, subject to such conditions (if any) as the Chief Executive considers necessary in the interests of such person or for the protection of other persons. (Amended 34 of 1972 s. 22)
(2) Leave of absence may be granted to a prisoner under this section either indefinitely or on specified occasions or for any specified period and where leave is so granted for a specified period, that period may be extended by further leave granted in the absence of the prisoner.
(3) Where it appears to the Chief Executive that it is necessary so to do in the interests of the prisoner or for the protection of other persons, he may, upon granting leave of absence under this section, direct that the prisoner remain in custody during his absence; and where leave of absence is so granted the prisoner may be kept in the custody of a subordinate officer.
(4) In any case where a prisoner is absent from a prison in pursuance of leave of absence granted under this section, and it appears to the Chief Executive that it is necessary so to do in the interests of the prisoner’s health or safety or for the protection of other persons, the Chief Executive may, by notice in writing given to the prisoner or to the person for the time being in charge of the prisoner, revoke the leave of absence and recall the prisoner to prison.
(5) Any prisoner who has been granted leave of absence under this section and who does not return to prison at or before the expiration of the period of absence specified under subsection (2) may be arrested by any person without warrant.
(Added 19 of 1969 s. 4. Amended 15 of 1999 s. 3)[cf. 1959 c. 72 s. 39 U.K.]

16. Prohibition of certain persons acting as jurors in an inquiry into death of prisoner
It shall not be lawful for any prisoner confined in a prison or any officer of the Correctional Services Department or person employed in the prisons, or any person engaged in any sort of trade or dealing with a prison, to be a juror on any inquest held under the provisions of the Coroners Ordinance (Cap. 504).
(Amended 57 of 1967 Schedule; 27 of 1997 s. 76)[cf. 1865 c. 126 s. 48 U.K.; 1887 c. 71 s. 3 U.K.]

### Prisons Ordinance 《監獄條例》

17. Escaping or aiding to escape from prison or legal custody
Any person who—
(a) escapes from any prison or from legal custody; or
(b) aids any prisoner in escaping from prison or from legal custody; or
(c) with intent to facilitate the escape of any prisoner, conveys or causes to be conveyed anything into a prison or to a prisoner or places anything anywhere outside a prison with a view to its coming into the possession of a prisoner,
shall be guilty of an offence and shall be liable on conviction upon indictment to imprisonment for 2 years.
(Amended 19 of 1969 s. 8; 11 of 1974 s. 4)[cf. 1952 c. 52 s. 39 U.K.]

17A. Failure by prisoner to return after leave of absence an offence
Any prisoner who has been granted leave of absence under the rules made under section 25 and who without lawful excuse fails to return to prison at or before the expiration of the period for which leave has been granted shall be guilty of an offence and liable on conviction upon indictment to imprisonment for 2 years.
(Added 19 of 1969 s. 5. Amended 11 of 1974 s. 5)

18. Introduction of unauthorized articles into prison
(1) Any person who brings, throws or in any manner introduces or conveys into any prison, or conveys to any prisoner while in custody outside the prison, or deposits in any place outside a prison with intent that it shall come into the possession of a prisoner, or carries out of a prison any arms, ammunition, weapon, instrument, intoxicating liquor, opium or other drugs, tobacco, money, clothing, provisions, letters, papers, books or any other article whatsoever shall, unless so authorized by the rules made under section 25 or by the Commissioner, be guilty of an offence and shall be liable on conviction to a fine at level 1 and to imprisonment for 3 years. (Amended 19 of 1969 s. 8; 11 of 1974 s. 6; E.R. 6 of 2019)
(2) Any officer of the Correctional Services Department or other person employed in the prisons who contravenes or permits any contravention of the provisions of subsection (1) shall be liable, in addition to the above punishment and any other punishment, to forfeit his office.
[cf. 1952 c. 52 ss. 40 & 41 U.K.]