}
HONG
KONG
LEGAL REPORT
Enclosure No.
THE CORPORAL PUNISHMENT (AMENDMENT) ORDINANCE 1970.
(No. 13 of 1970)
This Ordinance consolidates the law relating to corporal punishment formerly contained in the principal Ordinance and in Part VI of the Magistrates Ordinance.
2. There is a minor change in subsection (1) of the new section 3, which provides that a person of 16 or more may be caned, upon conviction of any offence specified in Part I of the Schedule, in lieu of or in addition to other punishment. Under the former section 3, caning for a scheduled offence had to be in addition to other punishment. Otherwise, the new section restates the former law on corporal punishment.
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The Ordinance also confers ancillary powers on a Court which imposes a sentence of caning if the convicted person will not be in custody when the sentence of caning is due to be carried out.
The new section 3A provides that his attendance may be secured by a recognizance or by remanding him in prison, to a training centre or in another appro- priate place of detention. If the offender abandons his right of appeal, the sentence may be carried out forthwith; this provision has been inserted because, during the past two years, courts have been discouraged from awarding corporal punishment because of the difficulty of enforcing the attendance of convicted persons, not sentenced to imprisonment, to undergo corporal punishment.
Section 6 makes appropriate consequential amendments to the Magistrates Ordinance.
4.
Before His Excellency the Governor assented to the Bill in the name and on behalf of Her Majesty, I advised that he could properly do
so.
5.
Roberts
3rd February, 1970.
ATTORNEY GENERAL'S CHAMBERS,
HONG KONG.
Attorney General.