1006 THE HONGKONG GOVERNMENT GAZETTE, 19TH NOVEMBER, 1881.
PENAL LAWS AMENDMENT ORDINANCE. ABOLITION OF BRANDING AND PUBLIC FLOGGING, &c.
The following copies or extracts of despatches (in continuation of the papers laid on the table on the 3rd of June, 1881) are laid before the Legislative Council by Command of His Excellency.
Council Chamber, Hongkong, 19th November, 1881.
ARATHOON SETH, Acting Clerk of Councils.
"
GOVERNOR SIR JOHN POPE HENNESSY, K.C.M.G. TO THE RIGHT HONOURABLE
THE EARL OF KIMBERLEY.
No. 163.
GOVERNMENT HOUSE, HONGKONG, 17th October, 1880.
MY LORD, I have the honour to submit for Your Lordship's consideration the Draft Ordinance prepared by the Attorney General for making the changes in the Branding and Flogging laws of Hong- kong, recommended in paragraph 13 of my despatch No. 60 of the 18th of May 1880.
The Right Honourable The EARL OF KIMBERLEY,
I have, &c.,
(Signed)
J. POPE HENNESSY,
Governor.
Her Majesty's Principal Secretary of State for the Colonies,
&c., &c., &c.
An Ordinance enacted by the Governor of Hong. kong with the advice of the Legislative Council thereof, to amend and repeal certain Ordinances relating to Branding and to the punishment of Flogging.
authorizing the branding of criminals, the public flogging of offenders and all enactments by which flogging or whipping is authorized for offences not punishable by flogging or whipping in England, and to restrict and define the punishments of flogging and whipping: Be it enacted by the Governor of Hongkong with the advice of the Legislative Council thereof, as follows:--
I. The enactments described in the Schedule to this Ordinance are hereby repealed to the extent specified in the Schedule, provided that such repeal shall not affect the past operation of any such enactment or anything done or suffered thereunder.
II. Ordinance 12 of 1865 is hereby amended by striking out from the words "where any person is convicted of a crime" down to the words "incapable of resistance" inclu- sive, and by inserting instead thereof the words "where any person is convicted of a crime under section 19 of Ordinance 4 of 1865, or under section 43 of Ordinance 7 of 1865."
III. It shall not be lawful to award any sentence of flogging on the back, and every sentence of flogging or whipping shall be inflicted with a rattan on the breech.