TNAG-0315-FCO40-351-Legislation-for-corporal-punishment-in-Hong-Kong-and-for-the-1971 — Page 62

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CORPORAL PUNISHMENT (AMENDMENT)

(Cap. 221.)

(Cap. 227.)

Ord. No. 13/70.

A53

to the premises of the Court by which the sentence of caning was imposed or to a prison in order that the sentence may be carried out in accordance with section 4.

(5) A recognizance or surety under subsection (1) may be enforced in like manner as a recognizance may be enforced under Part VI of the Criminal Procedure Ordinance or Part II of the Magistrates Ordinance, as the case may require.".

3. Subsection (1) of section 4 of the principal Ordinance is amended-

(a) by deleting "the punishment of caning is awarded" and

substituting the following-

"a sentence of caning is imposed";

(b) by deleting "in a prison" in paragraph (e); and

(c) by substituting a semicolon for the full stop at the end of

paragraph (e) and adding the following-

"(f) the caning shall be carried out in full on one

occasion;

(g) the caning shall be administered in a prison or, in the case of an offender apparently under the age of sixteen years, in the premises of the Court by which the sentence of caning was imposed and in the presence, if they desire to be present, of the parent, guardian, relative, master, mis- tress or person in charge of the offender.".

4.

Section 7 of the principal Ordinance is repealed.

5. The Schedule to the principal Ordinance is amended-

(a) by inserting after the heading "SCHEDULE" the follow-

ing-

"PART I."; and

(b) by adding at the end thereof the following-

1.

2.

"PART II.

Larceny or any offence which is by law deemed or declared to be simple larceny or punishable as simple larceny.

Assault occasioning actual bodily harm.

3. Indecent assault.”.

Amendment of section 4.

Repeal of section 7.

Amendment of Schedule.