482
No. 3 of 1890.
MAGISTRATES.
Procedure where two magistrates disagree.
Flogging.
Ordinance
and acting together during the whole of the hearing and determination of the case.
84. If in any case where two magistrates sit together they are unable to agree in their decision whether the defendant or accused is guilty or not guilty, he shall be committed for trial before the court.
85. Whenever any male offender is convicted by a magistrate—
(1) under the provisions of either section 44 or section 45 of the Offences against the Person Ordinance, 1865, or
Ordinance No. 2 of 1865.
(2) under section 52 of the Offences against the Person Ordinance, 1865, of committing an act of gross indecency with another male person under the age of thirteen, or
(3) under section 29 of the Larceny Ordinance, 1865, of stealing any ornament or other chattel from the person of any woman or child, or
Ordinance No. 5 of 1865.
(4) under the provisions of section 53 of the Asiatic Emigration Ordinance, 1915, or
Ordinance No. 30 of 1915.
(5) under the provisions of either section 4 or section 7 of the Protection of Women and Girls Ordinance, 1897, or
Ordinance No. 4 of 1897.
(6) under the provisions of section 3 of the Stowaways Ordinance, 1903, or
Ordinance No. 5 of 1903.
(7) under the provisions of section 9 of the Deportation Ordinance, 1917, in any case in which the person so convicted had been prior to his deportation—
(a) convicted of any criminal offence by the Supreme Court of the Colony or by His Majesty's Supreme Court in China, or
(b) convicted twice of any criminal offence and whether of the same character or not by a magistrate in the Colony, or
(c) convicted of any criminal offence by a magistrate in the Colony and after his deportation had been convicted under the provisions of section 9 of the Deportation Ordinance, 1917, or
(d) convicted by a magistrate in the Colony of any offence under the penalty for which he was liable to the punishment of flogging,
* As amended by No. 3 of 1913, No. 10 of 1914 and Law Am. Ord., 1923.
the magistrate may, in addition to any other punishment, sentence the offender to be flogged.
(a) The flogging shall be inflicted in the manner directed by the court.
(b) The offender shall be flogged on his bare back.
(c) The number of strokes shall not exceed...
87. The court may, in its discretion, order the offender to be imprisoned for a further period not exceeding...
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