CO129-228 - Acting Governor Marsh - 1886 [7-9] — Page 124

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

b.

122

intact in any of such assist.

Cares thereby to m "any other person in committing any indictable offence, shall be guilty of Felony And ho : 31 of Ordinance 7 of 1865 enacts, that Whosoever shall, being a person armed with any offensive weapon or instrument, rob, or assault with intent to rob any person, or shall, together with one or more other person or persons, or assault with intent to rob any person, and at the time of or immediately before or immediately after such robbery, shall wound, beat, strike, or use any other personal violence to any person. Therefore a person committing Burglary or some other serious offence, if armed, would escape whipping unless the charge was reduced to robbery and brought under Section 31 of Ordinance 7 of 1865, and even if this could be done, it would, doubtless, be against the intention of the law, which intended to restrict whipping to cases of robbery with violence.

Murder Under the present system whipping can be inflicted on a male over 16 years of age, only for (a) Robbery with violence (b) Attempt to choke, suffocate or render insensible any person with intent to commit, or enable another person to commit a crime.

Whereas the Ordinance which I submit would make (a) Petty theft (b) returning from banishment (c) committing a crime being armed, beating, wounding or using personal violence to any one immediately before or after committing any crime (d) Robbery by means of (e) Attempting to choke, suffocate, or render insensible or incapable of resistance any person with intent to commit a crime or to enable another person to commit a crime — punishable by whipping.

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b. 122 intact in any of such assist. Cares thereby to m "any other person in committing any indictable offence, shall be guilty of Felony And ho : 31 of Ordinance 7 of 1865 enacts, that Whosoever shall, being a person armed with any offensive weapon or instrument, rob, or assault with intent to rob any person, or shall, together with one or more other person or persons, or assault with intent to rob any person, and at the time of or immediately before or immediately after such robbery, shall wound, beat, strike, or use any other personal violence to any person. Therefore a person committing Burglary or some other serious offence, if armed, would escape whipping unless the charge was reduced to robbery and brought under Section 31 of Ordinance 7 of 1865, and even if this could be done, it would, doubtless, be against the intention of the law, which intended to restrict whipping to cases of robbery with violence. Murder Under the present system whipping can be inflicted on a male over 16 years of age, only for (a) Robbery with violence (b) Attempt to choke, suffocate or render insensible any person with intent to commit, or enable another person to commit a crime. Whereas the Ordinance which I submit would make (a) Petty theft (b) returning from banishment (c) committing a crime being armed, beating, wounding or using personal violence to any one immediately before or after committing any crime (d) Robbery by means of (e) Attempting to choke, suffocate, or render insensible or incapable of resistance any person with intent to commit a crime or to enable another person to commit a crime punishable by whipping.
Baseline (Original)
b. ን. 122 intact in any of such assist. Cares thereby to m " any other person in committing any indictable offence, shall be guilty of Felony Aud ho : 31 of Ordinance 7 of 1565 enacts, that __ Whosoever shall, being a any offensive weapon or instrument, rob, or assault "with intent to rob any person, or shall, together with rob. armed with. one or more other person or persons, or assault with intent to rob any person person, and at the time or shall rob any person, of or immediately before or immediately : after such robbery, shall wound, beat, strike, or use to any to any person to. other personal violence Therefore a person committing Burglary offence eveu or some other serious "armed, would escape- if armed, whipping unless the charge was reducat brought under Section to robbery and brought if this 31 of Ordinance 7 of 1865, and even could be done, it would, doubmit, be against the intention of the keys, which intended to restrict whipping to cases of robbery with violence. Muider Under the present system whipping can be inflicted fori- on a male over 16. byear, only of reuber (a) Robbery with violence (b) Attempt to choke, suffocate insensible any person with intent to Commit, or cuable another person to commit a crime, Whereas the Ordinance which I submit would make (a) Petty theft- (6) returning from banishment (c) committing acry Crince being armed, beating, wounding or using personal violence to any one immediately before or after committing any (d) Robbery by mo (e) Attempting drangle crime. than two in number to choke, suffocate, Op or render insensible or incapable of resistance any person with intent to commit a crime or to enable another person to commit a crime punishable by whipping I
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b.

ን.

122

intact in any of such

assist.

Cares

thereby to m

" any other person in committing any indictable offence, shall be guilty of Felony Aud ho : 31 of Ordinance 7 of 1565 enacts, that __ Whosoever shall, being a

any offensive weapon or instrument, rob, or assault "with intent to rob any person, or shall, together with

rob.

armed with.

one or more other person or persons, or assault with intent to rob any person person, and at the time

or shall rob any person,

of or immediately before or immediately

:

after such robbery, shall wound, beat,

strike, or use

to

any

to any person to.

other personal violence Therefore a person

committing Burglary

offence

eveu

or some other serious

"armed, would escape-

if armed,

whipping unless the charge

was reducat

brought under Section

to robbery and brought

if this

31 of Ordinance 7 of 1865, and even could be done, it would, doubmit, be against the intention of the keys, which intended to restrict whipping to cases of robbery with violence.

Muider

Under the present system whipping

can be inflicted

fori-

on a male over 16.

byear, only

of reuber

(a) Robbery with violence (b) Attempt to choke, suffocate

insensible any person with intent to Commit, or cuable another person to

commit a crime,

Whereas the Ordinance which I

submit would make

(a) Petty theft-

(6) returning from banishment (c) committing acry

Crince

being armed, beating, wounding or using personal violence to any one immediately before

or

after committing any (d) Robbery by mo

(e) Attempting

drangle

crime.

than two in number

to choke, suffocate,

Op

or render insensible or incapable

of resistance any person with intent to

commit a crime or to enable another

person to commit a crime — punishable

by whipping

I

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