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THE HONGKONG GOVERNMENT GAZETTE, 8TH MAY, 1897.
Short title.
Interpreta- tion of terms.
The instru ment of flogging and
the number of strokes.
Mode of infliction.
Construction
with this
A BILL
ENTITLED
An Ordinance to amend the law as to Flogging.
Be it enacted by the Governor of Hougkong, with the advice and consent of the Legislative Council thereof, as follows:-
1. This Ordinance may be cited as The Flogging Ordi- uance, 1897.
2. In this Ordinance, the words "Flogging" and "Flogged" shall include "Whipping" and "Whipped."
3. From and after the commencement of this Ordinance whenever any offender is sentenced by a Judge of the Supreme Court or by a Magistrate to be flogged, the sentence shall specify the birch as the instrument to be used and the number of strokes to be inflicted. Such num- ber shall not exceed twenty at any one flogging.
4. Such flogging shall be inflicted on the breech, pri- vately, in prison and within six months of the sentence."
5. Where, by any Ordinance in force save in so far as of Ordinances it is modified by this Ordinance, any Judge of the Supreme inconsistent Court or any Magistrate is authorized to sentence an offender Ordinance. to flogging with a rattan or any. instrument other than a birch, or to any number of strokes exceeding twenty at any one flogging, such Ordinance shall, from and after the commencement of this Ordinance, be read and construed as if the instrument of flogging therein specified had been a birch and the maximum number of strokes at any one flogging therein specified had been twenty.
Objects and Reasons.
This Ordinance, which affects and modifies the provisions of several existing enactments, such as Ord. 4 of 1865, sec. 64, as amended by Ord. 1 of 1866; Ord. 7 of 1865, sec. 96, as amended by Ord. 1 of 1866; Ord. & of 1865, sec. 60, as amended by Ord. 1 of 1866; Ord. I of 1866, sees. 3, 4 and 5; Ord. 12 of 1865; Ord. 9 of 1867, sec. 6; Ord. 3 of 1881; Ord. 9 of 1884; Ord. 15 of 1886; Ord. 16 of 1887; and Ord. 10 of 1890, sec. 87, is passed in compliance with the instructions of the Secretary of State. The instructions prohibit the use of any instrument of flogging except the birch, where flogging is ordered to be inflicted, and limit the maximum number of strokes to twenty.
W. MEIGH Goodman, Attorney General.
Construction.
Repeal of
sect. 30 of Ordinance 13 of 1888.
Substituted
sect,
Night Passes necessary when required by Order in Council.
"Night" defined.
l'enalty.
A BILL
ENTITLED
An Ordinance to amend The Regulation of
Chinese Ordinance, 1888.
Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-
1. This Ordinance shall be read and construed as one together with Ordinance No. 13 of 1888, hereinafter referred, to as the principal Ordinance.
2. Section 30 of the principal Ordinance is hereby repealed.
3. In lieu thereof the following section shall be sub- stituted :-
It shall be lawful for the Governor in Council, from time to time, by order to be published in the Gazette, to direct that no Chinese of either sex (without reasonable excuse, the proof whereof shall lie upon the person alleging it) shall be at large in the City of Victoria between such hours of the night as may, from time to time, be fixed by such Order, without a valid pass under the principal Ordinance. For the purposes of this section "Night" means from 9 p.m. to 5 a.m.
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Any contravention of such Order shall be deemed an offence" against the principal Ordinance.