MAGISTRATES.
No. 3 of 1890.
483
the magistrate may, in addition to the punishment awarded for such offence, direct that the offender be flogged.
86. Whenever any offender whose age appears to the magistrate not to exceed sixteen years is convicted of any offence other than the offences specified in the Third Schedule, the magistrate may in lieu of any other punishment to which the offender is liable, and notwithstanding anything to the contrary in the Peace Preservation Ordinance, 1886, or in the Flogging Ordinance, 1903:—
(a) order such offender to be discharged after due admonition; or
(b) order such offender to be delivered to his parent or to his guardian or nearest adult relative or in the case of the offender being an apprentice or servant to his master or mistress or in the case of the offender being a school boy or school girl to the person in charge of the school at which the offender is attending on such parent, guardian, relative, master, mistress or person in charge of a school executing a bond with or without a surety or sureties that he or she will be responsible for the good behaviour and also, if the magistrate thinks it necessary, for the proper education of the offender for any period not exceeding twelve months; or
(c) order such offender if a male to be whipped with not more than twelve strokes of a light cane or rattan within the court premises and in the presence if they desire to be present of the parent, guardian, relative, master, mistress or person in charge of such offender.
Provided that if the offender is convicted of larceny, or of any offence which now or at any time hereafter is by law deemed or declared to be simple larceny or punishable as simple larceny, or of any assault occasioning actual bodily harm or of any indecent assault the magistrate may make the order specified in paragraph (b) in addition to any other punishment to which the offender is liable.
Third Schedule.
87. When a magistrate has authority under any enactment to impose imprisonment of any description for an offence, and has not authority to impose a fine for that offence, a magistrate may notwithstanding, if he thinks that the justice of the case will be better met by a fine than by
* As amended by Law Rev. Ord., 1923. † As amended by Nos. 29 of 1915, 31 of 1921 and Law Rev. Ord., 1923.
MAGISTRATES.
No. 3 of 1890.
483
t
f
d
ce
at
the magistrate may, in addition to the punishment awarded [cf. No. 3 of for such offence, direct that the offender be flogged.
1903.1
sentence
86. Whenever any offender whose age appears to the Power to magistrate not to exceed sixteen years is convicted of any juvenile thief offence other than the offences specified in the Third Schedule to bo the magistrate may in lieu of any other punishment to which whipped for the offender is liable, and notwithstanding anything to the offences. contrary in the Peace Preservation Ordinance, 1886, or in the Ordinances Flogging Ordinance, 1903 :—
certain
*
Nos. 10 of 1886 and 3 of
(a) order such offender to be discharged after due admoni- 1903. tion; or
(b) order such offender to be delivered to his parent or to his guardian or nearest adult relative of in the case of the offender being an apprentice or, servant to his master or
an" mistress or in the case of the offender being a school boy or school girl to the person in charge of the school at which the offender is attending on such parent, guardian, relative, master, mistress or person in charge of a school executing a bond with or without a surety or sureties that he or she will be responsible for the good behaviour and also, if the magistrate thinks it necessary, for the proper education of the offender for any period not exceeding twelve months; or
(c) order such offender if a male to be whipped with not more than twelve strokes of a light cane or rattan within the court premises and in the presence if they desire to be present of the parent, guardian, relative, master, mistress or person in charge of such offender.
Provided that if the offender is convicted of larceny, or of any offence which now or at any time hereafter is by law deemed or declared to be simple Jarceny or punishable as simple larceny, or of any assault occasioning actual bodily harm or of any indecent assault the magistrate may make the order specified in paragraph () in addition to any other punishment to which the offender is liable.
+
Third
Schedule.
in all cases.
-87. When a magistrate has authority under any enact- Power to fine ment to impose imprisonment of any description-for-an 42-&-43-Vict. offence, and has not authority to impose a fine- for that . 49, s. 4. offence, a magistrate may notwithstanding, if he thinks that the justice of the case will be better met by a fine than by
* As amended by Law Rev. Ord., 1923.j † As amended by Nos. 29 of 1915, 31
1921 and Law Rev. Ord., 1923,
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