20370-1911-Ordinances-passed-and-assented-to--Merchant-Shipping-Amendment-No-48-of-1911 — Page 71

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 1, 1911.

HONGKONG.

No. 52 or 1911.

An Ordinance to amend the Peace Preservation

Ordinance, 1886.

LS

F. D. LUGARD,

Governor.

[1st December, 1911.]

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

1. This Ordinance may be cited as the Peace Preserva- Short title. tion Amendment Ordinance, 1911.

2. The Peace Preservation Ordinance, 1886, as amended Amendis by the Penalties Amendment Ordinance. 1911, is hereby Ordinance further amended as follows:-

(a.) In section 2 thereof and at the end thereof by the substitution of the words "First Schedule* for the word "Schedule" whenever the latter word occurs.

(b.) By the repeal of sub-sections (1) and (3) of

section 9 thereof.

(c.) In sub-section (2) of section 9 thereof by the dele- tion of the figure "(2)” in the first line thereof and of the word "such" in line 7 thereof and of the words "this Ordinance" and by the substitution for the words "this. Ordinance" of the words "the Arms and Ammunition Ordinance, 1900, as amended by the Arms and Ammunition Amendment Ordinance, 1911".

(d.) By the repeal of section 10 thereof.

(.) By the addition after section 12 thereof of the

following section :—

any

No. 10 of 1886 as

amended by Ordinance No. 30 of 1911.

"12A.--(1.) Notwithstanding anything in Flogging for

offences other Ordinance to the contrary every

during con- male person who during the continuance of any tinuance of proclamation under this Ordinance, whether Proclama published before or after the coming into force tion. of this section, commits any offence against any of the enactments mentioned in the Second Schedule to this Ordinance shall in addition to any punishment other than whipping or flog- ging provided by the said enactment or by law be liable ou conviction whether on indict- ment or summarily to be flogged.

(2.) In all cases where the punishment of flogging is awarded under this section the following provisions shall have effect :----

(.) The sentence shall prescribe the number

of strokes to be inflicted.

(¿¿.) The number of strokes shall not excced twenty-four in the case of an offender whose age exceeds 16 years or twelve in the case of an offender whose age does not exceed 16 years.

(i) The instrument used in the case of an offender whose age exceeds 16 years shall be the instrument commonly known as the "cat" or else the birch as the Court or Magistrate may specify in the sentence and in the case of an offender whose age does not exceed 16 years it shall be the birch.

(v.) The flogging shall be inflicted privately in prisou and within six months of the sentence."

(f.) By the addition at the end thereof of the follow-

ing schedule:----

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