1126
Branded convicts when liable to flogging on return to Colony.
Regulations as to mode of branding to be framed by Governor in Council.
Suspending clause.
ORDINANCES Nos. 4 AND 5 OF 1872:
Branding and Flogging.
Criminal Law Amendment.
2. Every convict so petitioning and branded as aforesaid, and nevertheless returning to the Colony, shall be immediately liable, on recognition and conviction thereof before a Magistrate, to undergo the remainder of his original sentence, and also, if a male, and, if convicted subsequent to his return to the Colony of any felony or other crime, which the Court sentencing such convict may consider to be so brutal, inveterate or mischievous as to justify extraordinary measures, shall be liable to be once or twice publicly or privately flogged with the regulation instrument: Provided that not more than thirty-six lashes be inflicted on any one occasion.
3. Regulations defining the mode of branding under this Ordinance shall be framed by the Governor in Council and may be altered and amended from time to time by the same authority.
4. This Ordinance shall not come into operation until Her Majesty's confirmation thereof shall have been proclaimed in the Colony by the Governor.
[Confirmation proclaimed 19th August, 1872. Repealed by Ordinances Nos. 8 of 1876 and 3 of 1881.]
No. 5 of 1872.
Title.
Preamble.
Verdicts and judgments valid after amendments.
[See 14 & 15:
An Ordinance to further amend the Law relating to Criminal Procedure.
WHEREAS [16th May, 1872.]
THEREAS it is expedient to further amend the law relating to criminal procedure: Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:
1. If it shall become necessary at any time for any purpose whatsoever to draw up a formal record in any case where any amendment shall have been made under the provisions of Ordinance No. 3 of 1865, such record shall be drawn up in the form in which the information was after such amendment was made, without taking any notice of the fact of such amendment having been made.
Informations not to be held insufficient for certain omissions, &c. [Sec ibid. 8. 24.]
2. No information for any offence shall be held insufficient for want of the averment of any matter unnecessary to be proved, nor for omitting to state the time at which the offence was committed in any case where time is not of the essence of the offence, nor for stating the time imperfectly,
1126
Branded convicts when liable to flogging on return to Colony.
Regulations as
to mode of branding to be framed by Governor in Council.
Suspending clause.
ORDINANCES Nos. 4 AND 5 OF 1872:
Branding and Flogging.
Criminal Law Amendment.
2. Every convict so petitioning and branded as aforesaid, and nevertheless returning to the Colony, shall be immediately liable, on recognition and conviction thereof before a Magistrate, to undergo the remainder of his original sentence, and also, if a male, and, if convicted subsequent to his return to the Colony of any felony or other crime, which the Court sentencing such convict may consider to be so brutal, inveterate or mischievous as to justify extraordinary measures, shall be liable to be once or twice publicly or privately flogged with the regulation instrument: Provided that not more than thirty-six lashes be inflicted on any one occasion.
3. Regulations defining the mode of branding under this Ordinance shall be framed by the Governor in Council and may be altered and amended from time to time by the same authority.
4. This Ordinance shall not come into operation until Her Majesty's confirmation thereof shall have been proclaimed in the Colony by the Governor.
[Confirmation proclaimed 19th August, 1872. Repealed by Ordinances Nos. 8 of 1876 and 3 of 1881.]
No. 5 of 1872.
Title.
Preamble.
Verdicts and judgments valid after amendments.
[ See 14 & 15:
An Ordinance to further amend the Law relating to Criminal
Procedure.
WHEREAS
[16th May, 1872.]
THEREAS it is expedient to further amend the law relating to criminal procedure: Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:
1. If it shall become necessary at any time for any purpose whatsoever to draw up a formal record in any case where any amendment shall have been made under the provisions of Ordinance No. 3 of 1865, such re- V.c. 100,8.3.] cord shall be drawn up in the form in which the information was after such amendment was made, without taking any notice of the fact of such amendment having been made.
Informations
not to be held insufficient for certain omissions, &c. [Sec ibid. 8. 24.]
2. No information for any offence shall be held insufficient for want of the averment of any matter unnecessary to be proved, nor for omitting to state the time at which the offence was committed in any case where time is not of the essence of the offence, nor for stating the time imperfectly,
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