Enforce- ment of sentence of corporal punishment.
(2) Where any male person apparently under the age of sixteen years is convicted by a Court of any offence specified in Part I or Part II of the Schedule, the Court may, in addition to or in lieu of any other punishment for such offence, sentence the offender to be caned.
(3) Where any male person apparently under the age of sixteen years is convicted by a Court of any offence other than an offence specified in Part I or Part 1 of the Schedule, the Court may, in lieu of any other punishment for such offence, sentence the offender to be caned.
34. (1) Where upon conviction by a Court- (a) a person is sentenced to be caned; and (6) no term of imprisonment or a term of imprisonment not exceeding fourteen days is imposed on him.
the Court may-
(i) order the offender to enter into a recogni- zance 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; (i) 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 twenty-four hours; and
(b) that the offender shall be committed to custody in accordance with subsection (3) for the purpose of complying with | paragraph (2)
(3) For the purposes of this section—
(2) an offender who is under the age of sixteen years may be committed to a place of deten-
Cap. 236.)
(Cap. 280.1
(Cp. 2013
(Cap. 327.3
tion 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 sixteen years but below the age of twenty- one 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, notwith- standing his conviction, be treated as a person remanded for trial.
(4) An offender under the age of twenty-one 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 4.
(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.”.
3. Subsection (1) of section 4 of the principal Ordinance is amcoded-
(a) by deleting "the punishment of caning is awarded" and
substituting the following-
"a sentence of caning is imposed":
(b) by deleting "in a prison" in paragraph (e); and
(c) by substituting a semicolon for the full stop at the end of
paragraph (e) and adding the following-
"(A) the caning shall be carried out in full on one
Occasion;
(g) the caning shall be administered in a prison or, in the case of an offender apparently under the age of sixteen years, in the premises of the Court by which the sentence of caning was imposed and in the presence, if they desire to be present, of the parent, guardian, relative, master, mis- tress or person in charge of the offender.".
Amendment of section 4.
No comments yet.
Private notes are available after approval.