CO129-304 - Governor Sir Blake - 1901 [1-4] — Page 524

BoxenianG HA

No 10 or 1901.

An Ordinance to consolidate and amend the Laws

relating to the Punishment of Flogging.

LS

HENRY A. BLake,

C.0.

14753

REED

Poot 47 APR 01

Governor.

[25th March, 1901.]

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Comeil thereof, as follows:--

1. This Ordinance may be cited as the Flogging Ordiu- Short title, ance, 1901.

2. In this Ordinance, unless the context otherwise re- Interpreta. quires,—

tion of terms.

"Flogging" ineludes whipping:

"Flogged" includes whipped.

Coart, to

3. Where my person is convicted before the Supreme Power to the Court-

Supreme (1.) of any crime, who, at the time of the commission want

thereof, was armed with any offensive weapon or punishment instrument; or

of flogging

(2.) of any felony not punishable with death, com- in certain mitted after two previous convictions for felony, cases,

and the sentence for each of which has been at least six months' imprisonment with hard labour; or

(3.) of any erime tande punishable under section 19 of

Ordinance No. 4 of 1865; or

(4.) of the crime of stealing any ebatrel, money, or valuable security from the person of any woman

or child; or

(5.) of any crime made punishable under any of the following enactments, namely, sections 31 to 36 of Ordinance No. 7 of 1865; or

(6.) of piracy; or

(7) of indecent assault,

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ub of p

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the Court way, in addition to any other punishment awarded

518

See

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4997

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for such erime, direct that the offender, if a male, be flog-

ged ouce, twice, or thrice.

4. In every case where the punishment of flogging is Conditions Awarded by the Supreme Court or by a Magistrate the subject to following provisious shall have effect, that is to say,

which

punishment (1.) the sentence shall prescribe the number of strokes of fogging

to be inflicted at each flogging:

may be (2.) in the case of an offender whose age does not inflicted.

awarded and exceed sixteen years, the unmber of strokes at each such flogging shall not exceed twelvo;

(8.) in the case of any other offender the number of

strokes at each such flogging shall not exceed twenty; and

(4.) the logging shall he inflicted with the birch on the brooch, privately, in prison, and within six months of the sentence.

Ordinances

5. Where, by any Ordinance in force save in so far as Construc it is modified by this Ordinance, the Supreme Court or any lion of other Magistrate is authorized to sentence an offender to flogging authorizing with a rattan or any instrument other rhan the birch or to any unmber of strokes exceeding twenty at any one flog- of flogging. punishment ging, such Ordinance shall be construed and have effect as if the instrument of tagging therein specified had been the birch and the maximum number of strokes therein specified bad been twenty.

6. The Ordinances mentioned in the Schedule to this Repeal of Ordinance are hereby repealed.

Passed the Legislative Conneil of Hongkong, this 11th day of March, 1901.

K. F. JOHNSTON, Acting Clerk of Councils.

Assented to by His Excellency the Governor, the 25th day of March, 1901.

J. II. STEWART LOCKHART,

Culonial Beretary.

enactments.

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