CAP. 90 Prisons [Rev. 2012] power and authority to do all things necessary to prevent such prisoner from escaping and shall be answerable for his safe custody until such time as he is handed over to the officer in charge on his discharge from hospital or until such time as his sentence expires, whichever shall first occur. 41. Removal of leper prisoners to leper settlements. (1) Where a medical officer reports to the Commissioner that a prisoner is a leper, the Commissioner may, subject to the provisions of subsection (2) of this section, by order in writing direct the removal of that prisoner to a leper settlement, there to be kept and treated until cured of his leprosy or until such time as he ceases to be liable to confinement in prison, whichever shall be the earlier. (2) No order shall be made by the Commissioner under subsection (1) of this section unless and until he has received notification in writing that the person in charge of the leper settlement to which he wishes to remove the leper prisoner is able and willing to receive such prisoner. (3) So long as any prisoner who shall have been removed to a leper settlement under this section shall remain therein and remain liable to confinement in prison, the person in charge thereof shall from time to time transmit to the officer in charge of the prison from which such prisoner was removed a certificate signed by him that it is in his opinion necessary that he should remain in such settlement. (4) So soon as, in the opinion of the person in charge of a leper settlement, it is no longer necessary that a prisoner who has been removed to such settlement should remain therein, he shall transmit to the officer in charge of the prison whence the prisoner was removed, if such prisoner is still liable to confinement in prison, a certificate stating that such necessity has ceased, and thereupon the officer in charge shall forthwith cause such prisoner to be returned to the prison; and, if not so liable, the prisoner shall be released. (5) Every reasonable precaution shall be taken by the person in charge of a leper settlement and the other persons employed therein to prevent the escape of any prisoner who may at any time be under treatment therein, and it shall be lawful for such persons to take such measures for the preventing of the escape of any such prisoner as may be necessary: Provided that nothing shall be done under the authority of this section which, in the opinion of the person in charge of such settlement, is likely to be prejudicial to the health of such prisoner. (6) For the purpose of this section, “leper” means a person suffering from active leprosy. 42. Prison officer not liable for escape of prisoners in hospital, etc. If any prisoner escapes during such time as he is in any hospital, mental hospital or leper settlement, no prison officer shall be held answerable therefore unless such prisoner has been in the personal custody of such officer, and no medical officer, person in charge of a leper settlement or other person shall be held answerable therefor unless it is shown that he has helped such prisoner to escape or has wilfully neglected to take reasonable precautions to prevent his escape. [Issue 1] P30 - 19