TNAG-0315-FCO40-351-Legislation-for-corporal-punishment-in-Hong-Kong-and-for-the-1971 — Page 57

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1964 Ed.]

Corporal Punishment.

[CAP. 222

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CHAPTER 222.

CORPORAL PUNISHMENT.

To amend and consolidate the law touching corporal punishment.

[22nd October, 1954.]

1. This Ordinance may be cited as the Corporal Punishment Ordinance.

2. For the purposes of this Ordinance, "Court" means the Supreme Court and also the District Court.

3. Where any person is convicted by a Court of any of the offences specified in the Schedule, the Court may, in addition to any other punishment awarded for such offence, sentence the offender, if a male, to be once caned.

4.

(Amended, 35 of 1959, s. 2)

Originally 39 of 1954.

45 of 1955. 35 of 1959.

Short title.

Interpretation.

Offences for

which caning

may be awarded.

Schedule.

(1) Where the punishment of caning is awarded by a Caning. Court, the following provisions shall have effect-

(a) the sentence shall prescribe the number of strokes to be

inflicted;

(b) in the case of an offender of or above the age of seventeen years, the number of strokes shall not exceed eighteen; (Amended, 45 of 1955, s. 2)

(c)

(i) in the case of an offender of or above the age of fourteen years and below the age of seventeen years the number of strokes shall not exceed twelve;

(ii) in the case of an offender below the age of fourteen years, the number of strokes shall not exceed six; (Replaced, 45 of 1955, s. 2)

(d) the instrument used shall be a light cane or rattan of a

type approved by the Governor;

(e) the caning shall be administered in a prison on the breech of the offender as soon as practicable and in any case before the expiry of six weeks after the final determina- tion of the proceedings in consequence of which the offender was sentenced. (Amended, 45 of 1955, s. 2)

(Amended, 35 of 1959, s. 2)

(2) For the purposes of this section, proceedings shall not be deemed to be finally determined until the expiration of the time. within which notice of appeal or of an application for leave to appeal may be given or, where notice is so given, until the appeal or application has been determined.

5. Cumulative sentences of caning imposed for two or more distinct offences shall not exceed in the aggregate the number of

Cumulative sentences.

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