1923_MAGISTRATES_ORDINANCE__1890 — Page 41

HK Historical Laws 香港歷史法例 All AI Reviewed
Series Prev Next Source

482

No. 3 of 1890.

MAGISTRATES.

Procedure where two magistrates disagree.

Flogging.

Ordinance

and acting together during the whole of the hearing and determination of the case.

84. If in any case where two magistrates sit together 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.

85. 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

Ordinance No. 2 of 1865.

(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 29 of the Larceny Ordinance, 1865, of stealing any ornament or other chattel from the person of any woman or child, or

Ordinance No. 5 of 1865.

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

Ordinance No. 30 of 1915.

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

Ordinance No. 4 of 1897.

(6) under the provisions of section 3 of the Stowaways Ordinance, 1903, or

Ordinance No. 5 of 1903.

(7) under the provisions of section 9 of the Deportation Ordinance, 1917, in any case in which the person so convicted had been prior to his deportation—

(a) convicted of any criminal offence by the Supreme Court of the Colony or by His Majesty's Supreme Court in China, or

(b) convicted twice of any criminal offence and whether of the same character or not by a magistrate in the Colony, or

(c) convicted of any criminal offence by a magistrate in the Colony and after his deportation had been convicted under the provisions of section 9 of the Deportation Ordinance, 1917, or

(d) convicted by a magistrate in the Colony of any offence under the penalty for which he was liable to the punishment of flogging,

* As amended by No. 3 of 1913, No. 10 of 1914 and Law Am. Ord., 1923.

the magistrate may, in addition to any other punishment, sentence the offender to be flogged.

(a) The flogging shall be inflicted in the manner directed by the court.

(b) The offender shall be flogged on his bare back.

(c) The number of strokes shall not exceed...

87. The court may, in its discretion, order the offender to be imprisoned for a further period not exceeding...

ment... offence

offence

the ju

*

t

Edit History

2026-05-03 10:05:03 · NVIDIA / meta/llama-4-maverick-17b-128e-instruct
Live
View comparison
AI Proofread
482 No. 3 of 1890. MAGISTRATES. Procedure where two magistrates disagree. Flogging. Ordinance and acting together during the whole of the hearing and determination of the case. 84. If in any case where two magistrates sit together 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. 85. 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 Ordinance No. 2 of 1865. (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 29 of the Larceny Ordinance, 1865, of stealing any ornament or other chattel from the person of any woman or child, or Ordinance No. 5 of 1865. (4) under the provisions of section 53 of the Asiatic Emigration Ordinance, 1915, or Ordinance No. 30 of 1915. (5) under the provisions of either section 4 or section 7 of the Protection of Women and Girls Ordinance, 1897, or Ordinance No. 4 of 1897. (6) under the provisions of section 3 of the Stowaways Ordinance, 1903, or Ordinance No. 5 of 1903. (7) under the provisions of section 9 of the Deportation Ordinance, 1917, in any case in which the person so convicted had been prior to his deportation— (a) convicted of any criminal offence by the Supreme Court of the Colony or by His Majesty's Supreme Court in China, or (b) convicted twice of any criminal offence and whether of the same character or not by a magistrate in the Colony, or (c) convicted of any criminal offence by a magistrate in the Colony and after his deportation had been convicted under the provisions of section 9 of the Deportation Ordinance, 1917, or (d) convicted by a magistrate in the Colony of any offence under the penalty for which he was liable to the punishment of flogging, * As amended by No. 3 of 1913, No. 10 of 1914 and Law Am. Ord., 1923. the magistrate may, in addition to any other punishment, sentence the offender to be flogged. (a) The flogging shall be inflicted in the manner directed by the court. (b) The offender shall be flogged on his bare back. (c) The number of strokes shall not exceed... 87. The court may, in its discretion, order the offender to be imprisoned for a further period not exceeding... ment... offence offence the ju * t
Baseline (Original)
482 No. 3 of 1890. MAGISTRATES. Procedure where two magistrates disagree. Flogging. Ordinance and acting together during the whole of the hearing and determination of the case. 84. If in any case where two magistrates sit together 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. 85. Whenever any male offender is convicted by a magistrate- (1) under the provisions of either section 44 or section 45 No. 2 of 1865. of the Offences against the Person Ordinance, 1865, or Ordinance No. 2 of 1865. Ordinanco (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 29 of the Larceny Ordinance, 1865, of No. 5 of 1865. stealing any ornament or other chattel from the person of any woman or child, or Ordinance (4)under the provisions of section 53 of the Asiatic No.30 of 1915. Emigration Ordinance, 1915, or Ordinance (5) under the provisions of either section 4 or section 7 of No. 4 of 1897. the Protection of Women and Girls Ordinance, 1897, or Ordinance (6) under the provisions of section 3 of the Stowaways No. 5 of 1903. Ordinance, 1903, or Ordinance (7) under the provisions of section 9 of the Deportation No. 25 of 1917. Ordinance, 1917, in any case in which the person so convicted had been prior to his deportation- (a) convicted of any criminal offence by the Supreme Court of the Colony or by His Majesty's Supreme Court in China, or (b) convicted twice of any criminal offence and whether of the same character or not by a magistrate in the Colony, or (c) convicted of any criminal offence by a magistrate in the Colony and after his deportation had been convicted under the provisions of section 9 of the Deportation Ordinance, 1917, or (d) convicted by a magistrate in the Colony of any offence under the penalty for which he was liable to the punishment: of flogging, * As amended by No. 3 of 1913, No. 10 of 1914 and Law Am. Ord., 1923. the for 8 mag offer the: the cont Flog (a tion his (b. offen mist: scho offen mast bond will magi the o (c) more court prese perso Pro any o deem simpl harm the or punis 87 ment... offenc offence the ju * t
2026-05-03 10:05:03 · Baseline
View content

482

No. 3 of 1890.

MAGISTRATES.

Procedure where two magistrates disagree.

Flogging.

Ordinance

and acting together during the whole of the hearing and determination of the case.

84. If in any case where two magistrates sit together 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.

85. Whenever any male offender is convicted by a magistrate-

(1) under the provisions of either section 44 or section 45 No. 2 of 1865. of the Offences against the Person Ordinance, 1865, or

Ordinance No. 2 of 1865.

Ordinanco

(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 29 of the Larceny Ordinance, 1865, of No. 5 of 1865. stealing any ornament or other chattel from the person of

any woman or child, or

Ordinance

(4)under the provisions of section 53 of the Asiatic No.30 of 1915. Emigration Ordinance, 1915, or

Ordinance

(5) under the provisions of either section 4 or section 7 of No. 4 of 1897. the Protection of Women and Girls Ordinance, 1897, or

Ordinance

(6) under the provisions of section 3 of the Stowaways No. 5 of 1903. Ordinance, 1903, or

Ordinance

(7) under the provisions of section 9 of the Deportation No. 25 of 1917. Ordinance, 1917, in any case in which the person so convicted

had been prior to his deportation-

(a) convicted of any criminal offence by the Supreme Court of the Colony or by His Majesty's Supreme Court in China, or (b) convicted twice of any criminal offence and whether of the same character or not by a magistrate in the Colony, or

(c) convicted of any criminal offence by a magistrate in the Colony and after his deportation had been convicted under the provisions of section 9 of the Deportation Ordinance, 1917, or

(d) convicted by a magistrate in the Colony of any offence under the penalty for which he was liable to the punishment: of flogging,

* As amended by No. 3 of 1913, No. 10 of 1914 and Law Am. Ord., 1923.

the

for

8

mag offer the:

the

cont

Flog

(a tion

his

(b.

offen

mist:

scho

offen

mast

bond

will magi the o

(c)

more

court

prese

perso

Pro

any o deem simpl harm

the or punis

87

ment...

offenc

offence

the ju

*

t

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.