3
Whipping. 4. (1) Where the punishment of whipping is awarded by a
Court, the following provisions shall have effect-
Cumulative sentences.
A person not to be whipped more than once for the same offence.
Saving.
(a) the sentence shall prescribe the number of strokes to be
inflicted;
(b) in the case of an offender of or above the age of sixteen years, the number of strokes shall not exceed eighteen; (c) in the case of an offender below the age of sixteen years,
the number of strokes shall not exceed twelve;
(d) the instrument used shall be a light cane or rattus of a
type approved by the Governor;
(e) the whipping shall be administered in a prison on the breech of the offender as soon as practicable after the final determination of the proceedings in consequence of which the offender was sentenced.
(2) For the purposes of this section, proceedings shall not be deemed to be finally determined until the expiration of the time within which notice of appeal or of an application for leave to appeal may be given or, where notice is so given, until the appeal or application has been determined.
5.
Cumulative sentences of whipping imposed for two or more distinct offences shall not exceed in the aggregate the mum- ber of strokes prescribed by paragraph (b) or paragraph (c), as the case may be, of subsection (1) of section 4.
8. No person shall be sentenced to be whipped more than once for the same offence.
1. Nothing in this Ordinance shall affect the power of a magistrate to award a sentence of corporal punishment under the (Cap. 227), provisions of section ga or 93 of the Magistrates Ordinance; but save as is provided in this Ordinance and in the Magistrates Ordinance, no sentence of corporal punishment shall be awarded by a Court or any magistrate.
Con- sequential amond-
ments. Second
Schedule.
8. The Ordinances referred to in the first column of the Second Schedule are amended to the extent and in the manner set out in the second column of the said Schedule.
The Flogging Ordinance is repealed.
FIRST SCHEDULE.
Repeal (Cap. 232).
[5. 3.]
1. Any offence contrary to section 4 of the Arms and Ammunition (Ca. 288). Ordinance.
Any offence contrary to subsection (1) of section 40 of the Larceny Ordinance.
(Cap. 210).
Any offence contrary to section 17, 20, 42 or 13 of the Offences against the Person Ordinance.
(Cap. 212),
Any glence involving the larceny of any chattel, money, or valuable security from the person of any woman or child.
Piracy.
1.
4. Rape or attempted rape of a girl under the age of sixteen years. Any offence contrary to section 5 or 6 of the Protection of Women and Juveniles Ordinance, 1951.
7
8. Any offence or attempted offence contrary to section 7 of the Protection of Women and Juveniles Ordinance, 1961, where the com- plainant is under the age of sixteen years.
(1 of 1951).
1. During the continuance of any proclamation under the Peace Preservation Ordinance, any offence contrary to any of the enactmenta (Cop. 241). following
(1) The Tramway Ordinance, section 52.
(2) The Criminal Intimidation Ordinace, section 3.
(Cap. 1m),
(Cap. 208).
(3) The Larceny Ordinance, sections 26, 36, 40(2) & (3), 42, 43, (5mp, 200),
44, 45, 16(1)(a), 48.
(4) The Malicious Damage Ordinance, sections 3, 6, 4, 5, 6, 7, 8, (Cap. 211).
9, 10, 11, 12, 13, 18, 10, 21, 22, 23, 28, 30, 31, 32, 36, 37, 40. The Offences against the Person Ordinance, sections 5, 10, 11, (Cap. 212). 12, 13, 14, 15, 17, 19, 21, 22, 23, 28, 29, 30, 31, 32, 36, 39, 54.
(5)
(6) The Suppression of Piracy Ordinance, section 2,
(7) The Summary Offences Ordinance, section 3(14)
(8) The Police Force Ordinance, section 58.
Short Title
SECOND SCHEDULE.
CONSEQUENTIAL AMENDMENTU.
simondment
Gambling Ordinance. Section 21 is repealed.
(Chapter 148).
Larceny Ordinance. (Chapter 210).
[x. 8.]
(i) Section 4 is amended by the deletion of the words and the offender, if a male under the age of sixteen years, shall be liable to be once privately whipped in addition to any other punishment to which he may by law be hable".
(Cap. 2131,
(Cop. 229). (Ump. 282).