189388-1932-Ordinances-passed-and-assented-to--Summary-Offences-No-40-of-1932-Magistrates-No-41-of-1932-Registration-of-United-Kingdom-Patents--No-42-of-1932-Protection-of-Women-and-Girls-Amendment-No-43-of-1932 — Page 45

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1228 THE HONG KONG GOW

Procedure

where two

GAZETTE, DECEMBER 9, 1932.

gether, and after the case has been so heard and determined one magistrate may issue all warrants of distress or commit- ment thereon: Provided always that in any case where any such complaint or information is heard and determined by two magistrates, or a conviction or order is made by two magis- trates, such magistrates must be present and acting together during the whole of the hearing and determination of the case.

88. If in any case where two magistrates sit together magistrates they are unable to agree in their decision whether the defendant or accused is guilty or not guilty, he shall be committed for trial before the court.

disagree.

Flogging.

Ordinance No. 2 of 1865.

Ordinance No. 2 of 1865.

Ordinance No. 5 of 1865.

Ordinance No. 30 of 1915.

Ordinance

No. 4 of 1897.

Ordinance No. 3 of 1924.

(cf. No. 3 of 1903).

Power to sentence

juvenile to be whipped

for certain offences.

Ordinances Nos. 10 of 1806 and

3 of 1903.

Third Schedule.

89. Whenever any male offender is convicted by a magistrate

(1) under the provisions of either section 44 or section 45 of the Offences against the Person Ordinance, 1865, or

(2) under section 52 of the Offences against the Person Ordinance, 1865, of committing an act of gross indecency with another male person under the age of thirteen, or

(3) under section 20 of the Larceny Ordinance, 1865, of stealing any ornament or other chattel from the person of any woman or child, or

(4) under the provisions of section 53 of the Asiatic Emigration Ordinance, 1915, or

(5) under the provisions of either section 4 or section 7 of the Protection of Women and Girls Ordinance, 1897, or

(6) under the provisions of the Stowaways Ordinance, 1924,

the magistrate may, in addition to the punishment awarded for such offence, direct that the offender be flogged.

90. Whenever any offender whose age appears to the magistrate not to exceed sixteen years is convicted of any offence other than the offences specified in the Third Schedule, the magistrate may, in lieu of any other punishment to which the offender is liable, and notwithstanding anything to the con- trary in the Peace Preservation Ordinance, 1886, or in the Flogging Ordinance, 1903-

(a) order such offender to be discharged after due admoni- tion; or

(b) order such offender to be delivered to his parent or to his guardian or nearest adult relative or, in the case of the offender being an apprentice or servant, to his master or mis- tress or, in the case of the offender being a schoolboy or school- girl, to the person in charge of the school at which the offender is attending, on such parent, guardian, relative, master, mistress or person in charge of a school executing a bond with or without a surety or sureties that he or she will be responsible for the good behaviour and also, if the magistrate thinks it necessary, for the proper education of the offender for any period not exceeding twelve months; or

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