990
Title. [See Ord. No. 16 of 1887.]
Preamble.
Power to award punishment of whipping in cases specified in sections 50 and 51 of Ordinance No. 4 of 1885,
Power in like cases to award solitary confinement,
Two Magistrates empowered to deal with certain cases,
ORDINANCE No. 3 OF 1868.
Whipping and Solitary Confinement.
No. 3 of 1868.
An Ordinance to Empower the Supreme Court to direct Offenders, to be whipped and to be kept in Solitary Confinement in certain specified Cases.
[22nd May, 1868.]
WHEREAS the crimes of child-stealing and of taking or detention of persons against their will have recently much increased within the Colony: and whereas it is expedient that the punishment hitherto awarded for crimes of this nature should be increased with a view to their suppression: Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-
1. Where any person shall be convicted of any crime specified in sections 50 or 51 of Ordinance No. 4 of 1865, the Supreme Court may, in addition to the punishment heretofore awarded for such crime, direct that the offender, if a male, be once, twice, or thrice publicly or privately whipped subject to the following provisions:-
(1.) That in the case of an offender, whose age does not exceed sixteen years, the number of strokes at each such whipping do not exceed twenty-five, and the instrument used shall be a rattan.
(2.) That in the case of any other male offender, the number of strokes do not exceed thirty-six at each such whipping.
(3.) That in each case the Court in its sentence shall specify the number of strokes to be inflicted, and the instrument to be used. Provided that in no case shall such whipping take place after the expiration of six months from the passing of the sentence. [Repealed by Ordinance No. 3 of 1881.]
2. Where any person shall be convicted of any crime specified in one of the said sections 50 or 51, the Supreme Court may, in addition to the punishment heretofore awarded for such crime, direct that the offender be kept in solitary confinement for any portion of his time of penal servitude or imprisonment, for a period not exceeding one month at any one time and not exceeding three months in any one year.
3. Two Magistrates sitting together, shall and they are hereby empowered to hear and determine cases of child-stealing and of taking or detaining persons against their will, and in every such case, if it shall appear that the ends of justice will best be met by dealing summarily therewith, the said Magistrates may adjudge on conviction to be imprisoned and kept to hard labor for any term not exceeding two years and the provisions of section 66 of Ordinance No. 4 of 1865 shall apply to every such conviction. [Repealed by Ordinance No. 16 of 1875.]
990
Title. [See Ord. No. 16 of 1887.]
Preamble.
Power to award punishment of whipping in cases specified in sections 50 and 51
of Orümance No. 4 of 1885,
Power in like cases to award solitary con- finement,
Two Magistrates empowered to deal with certain
cases,
ORDINANCE No. 3 OF 1868.
Whipping and Solitary Confinement.
No. 3 of 1868.
An Ordinance to Empower the Supreme Court to direct Offend- ers, to be whipped and to be kept in Solitary Confinement in certain specified Cases.
[22nd May, 1868.]
HEREAS the crimes of child-stealing and of taking or detention. of persons against their will have recently inuch increased within the Colony: and whereas it is expedient that the punishment hitherto awarded for crimes of this nature should be increased with a view to their suppression: Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-
1. Where any person shall be convicted of any crime specified in sections 50 or 51 of Ordinance No. 4 of 1865, the Supreme Court may, in addition to the punishment heretofore awarded for such crime, direct that the offender, if a male, be once, twice, or thrice publicly or privately whipped subject to the following provisions:-
(1.) That in the case of an offender, whose age does not exceed sixteen years, the number of strokes at each such whipping do not exceed twenty-five, and the instrument used shall be a rattan.
(2.) That in the case of any other male offender, the number of strokes do not exceed thirty-six at each such whipping.
(3.) That in each case the Court in its sentence shall specify the number of strokes to be inflicted, and the instrument to be used. Provided that in no case shall such whipping take place after the expiration of six months from the passing of the sentence. [Repealed by Ordinance No. 3 of 1881.]
2. Where any person shall be convicted of any crime specified in one of the said sections 50 or 51. the Supreme Court may, in addition of the punishment heretofore awarded for such crime, direct that the offender be kept in solitary confinement for any portion of his time of penal» servitude or imprisonment, for a period not exceeding one month at any one time and not exceeding three months in any one year.
3. Two Magistrates sitting together, shall and they are hereby empowered to hear and determine cases of child-stealing and of taking or detaining persons against their will, and in every such case, if it shall appear that the ends of justice will best the offender
be met by dealing summarily therewith, the said Magistrates may adine
on conviction to be imprisoned and kept to hard labor for any term not exceeding two- years and the provisions of section 66 of Ordinance No. 4 of 1865 shall apply to every such conviction. [Repealed by Ordinance No. 16 of 1875.1
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