youth under it undesirable.
I am advised that in the terms (see §6 of the Magistrates Ordinance 1890) that the Magistrate may order an offender to be whipped in addition to any other punishment, the effect of the amendment proposed is to render it impossible. It might be ultra vires that the whipping of youthful offenders may be whipped in addition to being imprisoned or fined or other punishment.
3. I am advised that in order to effect the object stated it will be necessary to either (a) simply repeal §4 or (b) substitute this paragraph: I am advised that it will be necessary further to amend the law, in amending §86 of the Magistrates Ordinance 1890, by the deletion of the words "in addition to" in line 6, in order to effect the object stated by making it clear that whipping is an alternative punishment; or to introduce another subsection in line with §4 further to amending the past or to punishments, & I have requested that you will take the steps accordingly.
As a matter of course, it will, I think, be necessary to repeal §86 of the Magistrates Ordinance or §4 of the 1890 Ordinance and substitute a new section, which with the same effect, deletes the above-mentioned words.
I have to suggest one of these courses that the amendments may be adopted.
4. As regards §4, the Magistrates Committee of the Law Amendment Committee may ascertain the exact state of the law on this point without it's being necessary to refer to §86 of the Magistrates Ordinance and several different Ordinances.
There is no uncertainty about the deletion of §4 of this Ordinance 1909.
I am advised that under this section it is possible that the number of offences punishable by the whip may be increased by...
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was not found in the original text, hence not included. As the original text seems to be cut off, no further action is taken.