1937_FLOGGING_ORDINANCE__1903 — Page 2

HK Historical Laws 香港歷史法例 All AI Reviewed

FLOGGING.

No. 3 of 1903.

999

(8) of indecent assault; or

(9) of any crime made punishable under section ... of the Arms and Ammunition Ordinance, 1933,

Ordinance No. 2 of 1933.

the court may, in addition to any other punishment awarded for such crime, direct that the offender, if a male, be flogged once.

4.-(1) In the case of any crime made punishable under section 40(1) of the Larceny Ordinance, 1935, or under section ... of the Arms and Ammunition Ordinance, 1933, where the punishment of flogging is awarded by the Supreme Court on an offender whose age exceeds sixteen years, the following provisions shall have effect-

Nos. 32 of 1935 and 2 of 1933.

(a) the sentence shall prescribe the number of strokes to be inflicted;

(b) the number of strokes shall not exceed twenty-four, and the instrument used shall be either the instrument commonly known as the "cat" or else a light cane or rattan, as the court in its sentence may specify;

(c) the flogging shall be inflicted in prison and within six months of the sentence.

(2) In all other cases where the punishment of flogging is awarded by the Supreme Court or by a magistrate, the following provisions shall have effect-

(a) the sentence shall prescribe the number of strokes to be inflicted;

(b) in the case of an offender whose age does not exceed sixteen years the number of strokes shall not exceed twelve;

(c) in the case of any other offender the number of strokes shall not exceed twenty-four;

(d) the flogging shall be inflicted with a light cane or rattan on the breech in prison and within six months of the sentence.

5. When a person is convicted at one trial of any two or more distinct offences, any two or more of which are legally punishable by flogging, the combined sentences awarded by the Supreme Court or magistrate for any such offences shall not exceed a total number of twenty-four strokes in the case of adults and twelve strokes in the case of offenders whose age does not exceed sixteen years.

*

As amended by No. 32 of 1935 [6.9.35] and No. 33 of 1936 (28.8.36).

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FLOGGING. No. 3 of 1903. 999 (8) of indecent assault; or (9) of any crime made punishable under section ... of the Arms and Ammunition Ordinance, 1933, Ordinance No. 2 of 1933. the court may, in addition to any other punishment awarded for such crime, direct that the offender, if a male, be flogged once. 4.-(1) In the case of any crime made punishable under section 40(1) of the Larceny Ordinance, 1935, or under section ... of the Arms and Ammunition Ordinance, 1933, where the punishment of flogging is awarded by the Supreme Court on an offender whose age exceeds sixteen years, the following provisions shall have effect- Nos. 32 of 1935 and 2 of 1933. (a) the sentence shall prescribe the number of strokes to be inflicted; (b) the number of strokes shall not exceed twenty-four, and the instrument used shall be either the instrument commonly known as the "cat" or else a light cane or rattan, as the court in its sentence may specify; (c) the flogging shall be inflicted in prison and within six months of the sentence. (2) In all other cases where the punishment of flogging is awarded by the Supreme Court or by a magistrate, the following provisions shall have effect- (a) the sentence shall prescribe the number of strokes to be inflicted; (b) in the case of an offender whose age does not exceed sixteen years the number of strokes shall not exceed twelve; (c) in the case of any other offender the number of strokes shall not exceed twenty-four; (d) the flogging shall be inflicted with a light cane or rattan on the breech in prison and within six months of the sentence. 5. When a person is convicted at one trial of any two or more distinct offences, any two or more of which are legally punishable by flogging, the combined sentences awarded by the Supreme Court or magistrate for any such offences shall not exceed a total number of twenty-four strokes in the case of adults and twelve strokes in the case of offenders whose age does not exceed sixteen years. * As amended by No. 32 of 1935 [6.9.35] and No. 33 of 1936 (28.8.36).
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1 FLOGGING. No. 3 of 1903. 999 (8) of indecent assault; or 4 (9) of any crime made punishable under section. of the Arms and Ammunition Ordinance, 1933, Ordinance No. 2 of the court may, in addition to any other punishment awarded for 1933. such crime, direct that the offender, if a male, be flogged once. 4 4.-(1) In the case of any crime made punishable under Conditions. section 40 (1) of the Larceny Ordinance, 1935, or under section under which flogging may of the Arms and Ammunition Ordinance, 1933, where the be awarded punishment of flogging is awarded by the Supreme Court on and inflicted. an offender' whose age exceeds sixteen years, the following Ordinances provisions shall have effect- Nos. 32 of 1935 and 2 (a) the sentence shall prescribe the number of strokes to be of 1933. inflicted; (b) the number of strokes shall not exceed twenty-four, and the instrument used shall be either the instrument commonly known as the "cat" or else a light cane or rattan, as the court in its sentence may specify; (c) the flogging shall be inflicted in prison and within six months of the sentence. (2) In all other cases where the punishment of flogging is awarded by the Supreme Court or by a magistrate, the following provisions shall have effect- (a) the sentence shall prescribe the number of strokes to be inflicted; (b) in the case of an offender whose age does not exceed sixteen years the number of strokes shall not exceed twelve ; (c) in the case of any other offender the number of strokes shall not exceed twenty-four; (d) the flogging shall be inflicted with a light cane or rattan on the breech in prison and within six months of the sentence. strokes.the offences. 5. When a person is convicted at one trial of any two or Twenty-four more distinct offences, any two or more of which are legally maximum punishable by flogging, the combined sentences awarded by the for combined Supreme Court or magistrate for any such offences shall not exceed a total number of twenty-four strokes in the case of adults and twelve strokes in the case of offenders whose age does not exceed sixteen years. * As amended by No. 32 of 1935 [6.9.35] and No. 33 of 1936 (28.8.36].
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1

FLOGGING.

No. 3 of 1903.

999

(8) of indecent assault; or

4

(9) of any crime made punishable under section. of the Arms and Ammunition Ordinance, 1933,

Ordinance No. 2 of

the court may, in addition to any other punishment awarded for 1933. such crime, direct that the offender, if a male, be flogged once.

4

4.-(1) In the case of any crime made punishable under Conditions. section 40 (1) of the Larceny Ordinance, 1935, or under section under which flogging may of the Arms and Ammunition Ordinance, 1933, where the be awarded punishment of flogging is awarded by the Supreme Court on and inflicted. an offender' whose age exceeds sixteen years, the following Ordinances provisions shall have effect-

Nos. 32 of 1935 and 2

(a) the sentence shall prescribe the number of strokes to be of 1933. inflicted;

(b) the number of strokes shall not exceed twenty-four, and the instrument used shall be either the instrument commonly known as the "cat" or else a light cane or rattan, as the court in its sentence may specify;

(c) the flogging shall be inflicted in prison and within six months of the sentence.

(2) In all other cases where the punishment of flogging is awarded by the Supreme Court or by a magistrate, the following provisions shall have effect-

(a) the sentence shall prescribe the number of strokes to be inflicted;

(b) in the case of an offender whose age does not exceed sixteen years the number of strokes shall not exceed twelve ;

(c) in the case of any other offender the number of strokes shall not exceed twenty-four;

(d) the flogging shall be inflicted with a light cane or rattan on the breech in prison and within six months of the sentence.

strokes.the

offences.

5. When a person is convicted at one trial of any two or Twenty-four more distinct offences, any two or more of which are legally maximum punishable by flogging, the combined sentences awarded by the for combined Supreme Court or magistrate for any such offences shall not exceed a total number of twenty-four strokes in the case of adults and twelve strokes in the case of offenders whose age does not exceed sixteen years.

*

As amended by No. 32 of 1935 [6.9.35] and No. 33 of 1936 (28.8.36].

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