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CAP. 222]
Corporal Punishment
[1982 Ed.
(Cap. 226.)
(Cap. 280.)
(Cap. 221.)
(Cap. 227.)
Caning.
the Court may-
(i) order the offender to enter into a recognizance for such amount as the Court deems sufficient, with or without sureties, that he will appear at such time and at such place as are specified in the order so that the sentence of caning may be duly carried out;
(ii) order that the offender shall be committed to custody in accordance with subsection (3) until the sentence of caning is duly carried out; or
(iii) make an order under subsection (2).
(2) If, after conviction by a Court for an offence, a person who is sentenced to be caned informs the Court that he wishes to forgo any right of appeal which would be available to him under any law in respect of that offence, the Court may order-
(a) that the sentence of caning shall be carried out as soon as practicable within the next 24 hours; and
(b) that the offender shall be committed to custody in accordance with subsection (3) for the purpose of complying with paragraph (a).
(3) For the purposes of this section-
(a) an offender who is under the age of 16 years may be committed to a place of detention appointed under the Juvenile Offenders Ordinance and thereupon shall be subject to the provisions of that Ordinance;
(b) an offender who is of or over the age of 16 years but below the age of 21 years may be committed to a training centre established under the Training Centres Ordinance and thereupon shall be subject to the provisions of that Ordinance; and
(c) any other offender may be committed to a prison and while therein shall, notwithstanding his conviction, be treated as a person remanded for trial.
(4) An offender under the age of 21 years committed to a place of detention or training centre under subsection (3) may be removed therefrom to the premises of the Court by which the sentence of caning was imposed or to a prison in order that the sentence may be carried out in accordance with section 5.
(5) A recognizance or surety under subsection (1) may be enforced in like manner as a recognizance may be enforced under Part VI of the Criminal Procedure Ordinance or Part II of the Magistrates Ordinance, as the case may require.
(Added, 13 of 1970, s. 2)
5. (1) Where a sentence of caning is imposed by a Court, the following provisions shall have effect (Amended, 13 of 1970, s. 3)
(a) the sentence shall prescribe the number of strokes to be inflicted;
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