20101-1911-Ordinances-passed-and-assented-to--Flogging-Amendment-No-12-of-1911 — Page 2

THE HONGKONG GOVERNMENT GAZETTE, APRIL 28, 1911. 177

HONGKONG.

No. 12 of 1911.

An Ordinance to amend the Flogging Ordinance,

1903.

F. D. LUGARD,

LS

Gorernor.

[28th April, 1911.]

BE it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Commeil thereof, as follows :

1. This Ordinance may be cited as The Flogging Short title Amendment Ordinance, 1911", and it shall be read and and con- construed as one with the Flogging Ordinauce, 1993, here- struction. inafter called the Principal Ördinance”.

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2. Section 3 of the Principal Ordinance is hereby Amends amended by the addition after the figures "1865" in sub. section 3 of section (5) thereof of the words "sections 44 and 45 of the Principal the Offences against the Person Ordinance, 1865 ; ”.

3. Section 4 of the Principal Ordinance is hereby re- pealed and the following section is substituted therefor

Ordinance.

Repeals section 4 of the Principal Ordinance

stitutes

"4.-(1.) In the case of any crime made punishable

under section 31 of the Larceny Ordinance, and sub- 1865, where the punishment of flogging is another awarded by the Supreme Court on an offender section. whose age exceeds sixteen years the following provisions shall have effect :-

(a.) the sentence shall prescribe the num- ber of strokes to be inflicted;

(.) the number of strokes shall not ex- ceed twenty-four and the instrument used shall be either the instrument commonly known as the cat" or else a birch, as the Court, in its sentence, may specify;

(c) the flogging shall be inflicted pri- vately in prison" and within six months of the

sentence.

(2.) In all other cases where the punishment of flog- ging is awarded by the Supreme Court or by a Magistrate the following provisions shall have effect:

(a.) the sentence shall prescribe the num- ber of strokes to be inflicted";

(b.) in the case of an offender whose age does not exceed sixteen years the number of strokes shall not exceed twelve;

(c.) in the case of any other offender the number of strokes shall not exceed twenty- four;

(d) the flogging shall be inflicted with a birch on the breech, privately, in prison and within six months of the sentence."

Passed the Legislative Council of Hongkong, this 27th day of April, 1911.

R. H. CROFTON,

Clerk of Councils.

Assented to by His Excellency the Governor, the 28th

day of April, 1911.

C. CLEMENTI,

Colonial Secretary.