CO129-400 - Governor Sir May - 1913 [3-4] — Page 7

1.

REPORT

on an Ordinance entitled

An Ordinance to amend the

Magistrate's Ordinance 1890.

The object of this Ordinance is to bring together in one enactment and to some extent also to enlarge the powers which Magistrates possess of inflicting corporal punishment upon male offenders convicted of certain classes of offence.

2.

Section 1 of the Ordinance is formal.

3. Section 2 of the Ordinance repeals Section 65 of Ordinance No. 3 of 1890 (The Magistrates: Ordinance 1890) which, as amplified by the recent Ordinance No. 30 of 1912 (The Magistrates Further Amendment Ordinance 1912 gave power to the Magistrates to inflict corporal punishment in certain cases; the Section is now replaced by a new Bêction giving similar powers the details of the effect of which are sub-joined in the succeeding para- graph.

4. Power of inflicting corporal punishment is given to the Magistrates under the present Ordinance in the following časeß:~

(1)

(2)

Under the provisions of Section 44 of the Offences against the Bersons

ersons Ordinance 1865(No.2 of 1865). Section 44 of Ordinance No.

2 of 1865 deals with the forcible taking away or detention agains their will of any man or boy woman or female child for the purpos of stealing such person or obtaining a ransom for such persons liberation; the offence is a felony.

•

Under the provisions of Sextion 45 of the Offences against the Persons Ordinance 1865 (No.2 of 1865). Section 45 of Ordinance No 2 of 1865 deals with the unlawful forcible or fraudulent lėādif or taking or decoying or enticing away or détention of any child under the age of 14 years either with the intent of depriving an parent or person in lawful charge of such child" of the possessi

or

of such child with the intent to steal any article on the person of such child; it also deals with the reception or harbouring of

any such child so dealt with with similar intent; the offence

45

A

is a felony and under Section of the old Ordinance the Court ha

power to inflict corporal punishment if the offender was a male

the age of 16 years.

13

under

6

Under the provisions of Section 52 of the Offences against the Bersons Ordinance 1865 (No.2 of 1865), Section 52 of Ordinance No. 2 of 1865 deals with the commiting by any male person in public" or

and private of any act of gross indecency with another male person;

Amendment Ordinance 1912 €

by Section 2 of the Magistrates Further (No.30 of 1912) the Magistrate` already had power to inflict corporal punishment where the act of gross indecency was committed by a male

This power there- person with another male person under the age of 13.

fore is in no way new.

(4)

Under the provisions of Section 29 of the Larceny Ordinance 1865 (No.5 of 1865). Section 29 of the Larceny Ordinance 1865 deals

with the stealing of any ornament or other chattel from the person of

ed any woman or child; under the repeal Section 85 of the Magistrates Ordinance 1890 the Magistrate had power to inflict corporal punishment

by under these cases so that a new feature is introduced se” this part of

the Ordinance.

(5).

M

no

Under the provisions-of Section 107 of the Chinësîmigration Ordinance 1889 (No.107 of 1889), Section 107 of the Chinese Emigration

Ordinance 1889 deals with the imprisonment or detention by force, in-

timidation or fraud of any man or boy for the purpose of emigration

or any other purpose. By Section 110 of the same Ordinance the of- fender if a male and previously convicted either under the provisions:

of Section 107 or Section 108 of the Ordinance could be punished with

corporal punishment.

(6).

Chinese Emigra- Under the provisions or-Section 108 of The tion Ordinance 1889(No. l ́or 1889). Section 108 of The Chinese Emigrar tion Ordinance deals with the bringing, leading, taking, decoying or

enticing by force, intimidation or fraud any man or boy into or away

from the Colony for the purpose of emigration or for any other purpose;

similarly here under section 110 of the same Ordinance power to inflict

corporal punishment existed in the case of a male offender who had

been previously convicted either under

of the Ordinance.

Section 107 or Section 108

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