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A BILL
ENTITLED
An Ordinance further to amend the Magistrates and Criminal Law Amendment Ordinance, 1909.
Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as
follows:-
1. This Ordinance may be cited as the Magistrates and Short title. Criminal Law Further Amendment Ordinance, 1910.
2. Section 4 of the Magistrates and Criminal Law Repeals Amendment Ordinance, 1909, is hereby repealed and the section 4 of following is substituted for and shall be read in lieu there- the Magis- of :-
trates and Criminal
Law Amend- ment Ordin- ance 1909
and substi- tutesanother section therefor.
4. The following section is hereby substituted for Substitutes a
section 86 of the Principal Ordinance :—
section for section 86 of
86.-(1.) Whenever any male offender Principal
whose age appears to the Magistrate Ordinance.
not to exceed sixteen years is con- victed of larceny, or of any offence which now or at any time hereafter is by law deemed or declared to be simple larceny or punishable as simple larceny, or of any assault occasioning actual bodily harm, or of any indecent assault, the Magistrate may, in lieu of or in addition to any other punishment to which the offender is liable, direct that he be once whipped.
(2.) Whenever any male offender whose age appears to the Magistrate not to exceed sixteen years is convicted of any offence other than an offence specified in sub-section (1) hereof the Magistrate may in lieu of any other punishment to which the offender is liable direct that he be once whipped. (3.) In the case where the male offender has been ordered to be whipped iu lieu of imprisonment, the Magistrate shall also order such male offender to be detained in prison for a period not exceeding forty-eight hours."
3. Section 12 of the Magistrates and Criminal Law Amends Amendment Ordinance, 1909, is hereby amended by the section 12 substitution of the words and figures "sections 86 and 87" of the Magis for the word and figures section 87" in the first line Criminal thereof.
Memorandum.
This Bill substitutes a new section for section 86 of the Magistrates Ordinance, 1890, and is introduced at the instance of the Secretary of State.
By sub-section 1 of the new section the Magistrate is empowered to whip youths and also to imprison them only in the cases of simple larceny, assault occasioning actual bodily harm and indecent assault.
By sub-section 2 where the youth is convicted of any offence other than an offence specified in sub-section 1 such youth may be whipped in lieu of any other punish- ment to which the offender is liable.
Where a youth has been ordered to be whipped in lieu of imprisonment the Magistrate shall also order him to be detained in prison for a period not exceeding forty-eight hours.
F. A. HAZELAND, Attorney Gencral,
trates and
Law Amend- ment Ordinance. 1909.