591
flogging to any mate offender who "should be convicted under that Ordinance "of any felony or misdemeanor after a "previous conviction of felony or " Misdemeanor " Under instructions of the Secretary of State this power
Ordinance 1 of 1863
1863 Co
reduced by Flogging was on the second conviction to or under aggravated circumstances for a small number of Offences which the lower class of Chinese are addicted and which they sometimes commit with peculiarly filthy, aggravated viz:-
Indecent exposure of the person
Indecent Assault
Assault with intent to rape
Assault in a Brothel
Assault at or in connection with riotous assemblage
Malicious injury to property.
These powers are re-enacted in section of this Ordinance and expressly applied to two offences, which under certain conditions are within the Summary jurisdiction of the Magistrates, under other conditions are only indictable. This distinction seems to have been lost sight of and the Magistrates misled by the wording of
I of 1865
the section in Ordinance I of 1863 have awarded the summary flogging for Offences, although Ordinance 6 of 1942 deals only with indictable crimes. I