youth under it undesirable.
I am advised that in the terms (see §6 of the Magistrates Ordinance 1890) that the Magistrate may order an offender to be whipped in addition to any other punishment, the effect of the amendment proposed is to render it impossible. It might be ultra vires that the whipping of youthful offenders may be whipped in addition to being imprisoned or fined or other punishment.
3. I am advised that in order to effect the object stated it will be necessary to either (a) simply repeal §4 or (b) substitute this paragraph: I am advised that it will be necessary further to amend the law, in amending §86 of the Magistrates Ordinance 1890, by the deletion of the words "in addition to" in line 6, in order to effect the object stated by making it clear that whipping is an alternative punishment; or to introduce another subsection in line with §4 further to amending the past or to punishments, & I have requested that you will take the steps accordingly.
As a matter of course, it will, I think, be necessary to repeal §86 of the Magistrates Ordinance or §4 of the 1890 Ordinance and substitute a new section, which with the same effect, deletes the above-mentioned words.
I have to suggest one of these courses that the amendments may be adopted.
4. As regards §4, the Magistrates Committee of the Law Amendment Committee may ascertain the exact state of the law on this point without it's being necessary to refer to §86 of the Magistrates Ordinance and several different Ordinances.
There is no uncertainty about the deletion of §4 of this Ordinance 1909.
I am advised that under this section it is possible that the number of offences punishable by the whip may be increased by...
Page 1
youth unders it undesirable.
I am advised that
La
the
terms (see 86 of the Magishater
pre 1890 perride that the
Magishati may order an offender
to be chopped miten of
winddition to
ang other
punishment, the effect
of the amendment proposed
mi see it of the present
is to under it posible. are might be to ultry s
that
the ripping of youthful.
Hendes minhat we to
(may he whipped in adolation
bring imprèsmed or fined to other pranishment. 3. I am adried that in oder
to effect the object stated 417 Rees Danis it will
esther
(16 they simply
Awin
be necessary to upeal
see 4
an nice
Substitute this para
I am advised that
I will be necessay further
amend the law, in
desired
t
amending See 86
Magistrates avec 1890
the
231
Mis Jeron
the deletion
the word
ormiaddition to
in hie
6 g
premis hement of whipping
der to affet the shied
人
is be Hees Davis-
making it clear that
that rection; or to
introduce another rimaner
Majis Late
15h. in line of & pruther to amending the past or
I in addition to
to penishments, & I have.
refmast that
yo
will
the steps accordingly.
As a
matte
J
Churni suce
it will I think, ho. hat.
repeal
bitte §
§ 86 g
the magistrates or due of
§ 4 g the
90 8 urant at
utitute
a
shine, which with att samnae
h.
*
that it
instead it def by the
deletion of the atous mentioni
words
I have to agrest
on of there courses
that thiraments may
he was adopted.)
4. As agarda see
The Mapitates Commil
possible Law Amendment pice
may ascertain the exact
State
Chains of the law on
I point withart it's king
to 586 of the Magistrate recanto eher & several
there is ? no neurorty
the deletion 9
different
Normances.
Bo
repeal
see 4 of this
J K
1909
I am advised that under
thes section it is possible
that the number of offences punishable by the wibe may be increased by
"
1
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