### Prisons Ordinance 《監獄條例》

20D. Interdiction where criminal proceedings are instituted against an officer
(1) If criminal proceedings have been, or are likely to be, instituted against any officer of the Correctional Services Department or other person employed in the prisons, or an investigation is being undertaken into any conduct which may amount to the commission of a criminal offence by such officer or person, the officer or person may be interdicted from duty and thereafter paid emoluments as follows—
(a) if a Superintendent or officer of a higher rank, in accordance with the Public Service (Administration) Order and government regulations; (Amended 15 of 1999 s. 3)
(b) if a Chief Officer or subordinate officer or other person employed in the prisons, in accordance with section 20C.
(2) A Chief Officer or subordinate officer or other person employed in the prisons who is found guilty of or pleads guilty to any criminal offence which in the opinion of the Commissioner is serious enough to warrant dismissal shall not, as from the time when he is found or pleads guilty as aforesaid, be paid any emoluments of his office pending the consideration of the case in accordance with rules made under section 25.
(Added 35 of 1977 s. 4)

20E. Punishment of officers and other persons employed in the prisons guilty of a criminal offence
(1) If in criminal proceedings before any court—
(a) an officer of the Correctional Services Department or other person employed in the prisons is found guilty of or pleads guilty to any criminal offence; or
(b) the court finds that a charge against an officer of the Correctional Services Department or other person employed in the prisons in respect of a criminal offence has been proved against him,
and any appeal or other application for review of those proceedings is not allowed or is abandoned or withdrawn, the officer or person may be punished, in the case of a Superintendent or officer of higher rank, in accordance with the Public Service (Administration) Order and government regulations, and in the case of a Chief Officer or subordinate officer or other person employed in the prisons, in the appropriate manner provided in the rules made under section 25. (Replaced 31 of 1983 s. 4. Amended 15 of 1999 s. 3)
(2)  In section 20D and in subsection (1) of this section, criminal proceedings (刑事法律程序) and criminal offence (刑事罪行) include, respectively— (Amended E.R. 6 of 2019)
(a) criminal proceedings in; and
(b) a criminal offence against the law of,
any place outside Hong Kong.

(Added 35 of 1977 s. 4)

### Prisons Ordinance 《監獄條例》

20F. Saving in respect of the Public Service (Administration) Order and government regulations
Nothing in this Ordinance shall be construed to preclude—
(a) the summary dismissal of any officer of the Correctional Services Department or other person employed in the prisons in accordance with the Public Service (Administration) Order and government regulations;
(b) the termination of the employment in accordance with the Public Service (Administration) Order of any such officer or person on the grounds that, having regard to the conditions of the public service, the usefulness of the officer or person thereto and all other circumstances of the case, such termination is desirable in the public interest.
(Added 35 of 1977 s. 4. Amended 15 of 1999 s. 3)

21. Penalties for misconduct
Any officer of the Correctional Services Department or other person employed in the prisons who—
(a) after having duly engaged to serve as such absents himself from his duties; or (Amended 21 of 1955 s. 4)
(b) on being dismissed or permitted to resign from or ceasing to belong to the Correctional Services Department, does not deliver up all arms, accoutrements, appointments and things entrusted to him for the performance of his duty,
shall be guilty of an offence and shall be liable on conviction to a fine at level 1 and to imprisonment for 6 months, and shall be liable to forfeit his office upon conviction. (Amended E.R. 6 of 2019)
(Amended 19 of 1969 s. 8)

### Prisons Ordinance 《監獄條例》

21A. Prisoners’ Welfare Fund
(1) There shall be established a fund to be known as the “Prisoners’ Welfare Fund”.
(2) The fund shall consist of—
(a) the balance of any sums deposited in or donated to the fund known as the “Prisoners’ Welfare Donation Fund” existing at the commencement* of the Prisons (Amendment) Ordinance 1986 (42 of 1986) for the welfare of prisoners;
(b) all sums resulting from or donated in connexion with public entertainment performed by prisoners;
(c) all sums received at any function organized to raise money for the fund less any expenses which defray any necessary costs and charges in respect of that function;
(d) moneys confiscated by the Superintendent under rule 23 of the Prison Rules (Cap. 234 sub. leg. A) and sums derived from the sale of articles confiscated under that rule;
(e) such other donations and voluntary contributions as may be made to the fund.
(3) The fund shall be controlled by the Commissioner subject to rules made under section 25 and shall be applied for the benefit of prisoners in such ways as the Commissioner may determine, including—
(a) procuring for prisoners while in prison comforts, convenience or other advantages;
(b) meeting expenses of prisoners and providing services for prisoners or items not chargeable to the general revenue;
(c) assisting prisoners after discharge from prison.
(4) The cost of administration of the fund shall be a charge upon the general revenue, but the Financial Secretary may direct that an annual supervision fee to be determined by him shall be charged against the income of the fund and paid into the general revenue.
(5) The fee charged under subsection (4) shall not exceed 2.5 per cent of the income of the fund for the period in respect of which the fee is charged.
(Added 42 of 1986 s. 3) Editorial Note:
* Commencement date: 11 July 1986.

22A. Special services and fees
(1) Upon application made to him by any person in that behalf and the payment to him of such fee as he may think fit, the Commissioner may detail any officer of the Correctional Services Department or other person employed in the prisons to perform special services in or about any prison specified by the applicant and for the purpose, furnish such equipment as he may deem necessary. (Amended 58 of 1999 s. 4)
(2) All fees received by the Commissioner under subsection (1) shall be paid by him to the Director of Accounting Services, who shall credit them to the Correctional Services Department Welfare Fund.
(Added 31 of 1983 s. 6)