170
A BILL
Short title.
Amends
section 86 of Ordinance
No. 3 of 1890
as amended by section 5 of Ordinance No. 7 of 1910.
ENTITLED
AN Ordinance to amend the Magistrates Ordin-
ances, 1890-1910.
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 Amendment Ordinance, 1912.
2. Section 86 of the Magistrates Ordinance, 1890, as amended by section 5 of the Magistrates Amendment Or- dinance, 1910, is hereby repeated and there shall be sub- stituted therefor the following section :--
"86. Whenever any offender whose age appears to the Magistrate not to exceed sixteen years is convicted of any offence other than the offences specified in the Third Schedule the Magistrate may in lieu of any other punishment to which the offender is liable, and not notwithstanding anything to the contrary in section 4 (2) (c) of the Flogging Ordinance, 1903, as amended by the Flogging Amendment Ordinance, 1911, or in section 12A (2) (iv) of the Peace Preserva- tion Ordinance, 1886, as amended by the Peace Preservation Amendment Ordinance, 1911 :- (a.) order such offender to be discharged after
due admonition; or
(b.) order such offender to be delivered to his parent or to his guardian or nearest adult relative on such parent guardian or relative executing a bond with or without a surety or sureties that he will be responsible for the good behaviour and also, if the Magis- trate thinks it necessary, for the proper education of the offender for any period not exceeding twelve months; or (c.) order such offender if a male to be whip- ped with not more than twelve strokes of a light cane or rattan within the court premises and in the presence if he desires to be present of the parent or guardian of of such offender.
Provided that if the offender is convicted 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 make the order specified in paragraph (c) of this section in addition to any other punishment to which the offender is liable.
Objects and Reasons.
This Bill brings into force in the Colony some of the provisions of section 19 of the Reformatory and Industrial Schools Ordinance, 1890, of the Straits Settlements. The Proviso preserves the effect of the present sub-section (1) of section 86 of the Magistrates Ordinances, 1890-1910.
C. G. ALABASTER, Attorney Genera).