CO885-8 — Page 170

CO882 & CO885 Colonial Office Confidential Prints 理藩院機密印刊 All

400

„ZOASENI

PUB RECORD

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Reference :-

C.O. 885

COPYRIGHT PHOTO

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50809/02

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under the Injuries to Property Act, 1868, no limit is laid down to, sentences of the Supreme Court. Pending legislation, which the Governor has been instructed to secure, the Chief Justice has been asked to observe, the limits laid down in the model ordinance.. See further under 3.

gil...

Leewards.-The maximum numbers are re- duced to 24 and 12 respectively (4 of 1900).

Bermuda.-The maximum number in the case of adults is reduced to 24 (4 of 1899), and in the case of juveniles to 12 (46 of 1902).

It has also been suggested to the Governor that, instead of whipping children under 12, CO2012 magistrates should be empowered to order their parents or guardians to pay compensation to the persons aggrieved by their action.

Falkland Islands.--The punishment is practi- cally unknown."

EASTERN.

Ceylon. The maximum number in the case REECE of adults is reduced to 25 (15 of 1898), and in certain cases of juveniles to 10, and the Governor has received instructions to pass the model ordinance.

ter beouls

46509/02.

45659/02.

Hong Kong. The maximum numbers are reduced to 20 and 12 at each flogging, but two or three floggings may be ordered (10 of 1901). The Governor has been instructed to amend the law in accordance with the model ordmance. 7,

Straits Setlements.--The maximum numbers are reduced to 24" and 10 respectively (21 of 1900),

and these limits apply to cases of punish- ment for two or more offences on one occasion

(97 of 1902). sh,ni m od po muni

Labuan.—The maximum number in the case

of adults is reduced to 84 (1 of 1899).

Flogging as a punishment for

offences does not exist.

n

AUSTRALASIAN.

gimu, number in tha, care of

#9 ## (& of 1900), and tha

iosignated to

odel.

9

MEDITERRANEAN;

- Gibraltar.-An ordinance has been passed on the lines laid down in the second circular (11 of 1902).

Cyprus.-The only law permitting flogging for other than prison offences has been repealed (1 of 1900).

PRÆDIAL 3. WHIPPINGS FOR LARCENY UNDER SPECIAL LAWS.

I

In his first circular, Mr. Chamberlain laid down that no extension of the use of the punish ment should be permitted without the most serious reasons. On this principle, various proposals from West Indian Colonies to permit the free use of flogging as a punishment for prædial larceny have been rejectedauratizare aft Lendlein zuigmet siihe Jamaica.- The Praedial Larceny Law of 1896, which permitted the whipping of males on a third conviction, if the magistrate had scar- tained, by enquiry after conviction, that the prisoner was a vagrant or “idle person, not having any visible means of subsistence," and the Predial Flareony Law of 1897, which par mitted corporst punishment on a second donvis, tion were disallowed, despite the strong opinioni expressed by the Governor in favour of their provisions. In his despatch of the 23rd of January, 1900, Mr. Chamberlain, while sugges ting other remedies for the evil, expressed his willingness to permit what the law already allowed, viz., the infliction of flogging in the Okse of first offenders, if the property stolen is over £5 in value, and in any case of second conviction; and he was also then prepared to give power to magistrates to award birching up 194strokes in any case of praedial Jarpany,

he Governor, after consultation with the fésident magistrates, ebitirmen of paid- Phinisters of religion, and the went home law in aidanf

to praedial urceny, whink, had Imtive Conneil; but to which;

peding instructions: Mithia kw any› mile (em

d'on séound conviction jdition toj or in lieu thpelsonment, the ma

cifixed as 24 in ilike dase of furaniilen. thach the existing claw, owi

“for fist offuäoes only fin

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PUBLE RECORD

1 2 3 4

TICE

Reference :-

COPYRIGHT PHOTOGRA

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18181

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