FLOGGING ORDINANCE, 1903

FLOGGING ORDINANCE, 1903

No.3 of 1903.

An Ordinance to amend the laws relating to the punishment
of flogging.
[3rd March, 1903]

[Preamble, rep.Law Revision Ordinance, 1924]

1.This Ordinance may be cited as the Flogging Ordinance, 1903

2.In this Ordinance, flogging includes whipping.






8. Where any person is convicted before the Supreme
Court-

(1) of any crime, and was, at the time of the commission
thereof, armed with any offensive weapon or instrument; or
(2) of ally felo 1 ny not punishable With death, committed
after two-previous convictions for felony. and the sentence
for each of which has been at least six months imprisonment
with hard labour; or
(3) of aRy crime made punishable under sections 20, 44
or 45 of the Offences against the Person Ordinance, 1865; or
(4) of the crime of stealing any chattel, money, or valuable
sec.urity-frorn the person of any woman or child;, or
any crime made punishable under sections 31, 32,
33, 34, 35, or 36 of. the Larceny Ordinance, 1865; or
(6) of any crime made punishable under section 4 of the
Protection of Women and Girls Ordinance, 1897; or
(7) ,of Piracy; or
(8), of indecent assault; or
(9) of any crime rnade pimishable under section 4 of the
Arms and Ammunition Ordinance, 1900.
he 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 31 of the Larceny Ordinance, 1865, or under section 4
of the Arms and Ammunition Ordinance, 1900, where the 1
punishment of flogging is awarded by the Supreme Court
on an offender whose age exceeds sixteen years, the following
,provisions shall have effect
(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 com-
monly known as the cat , or else a birch, as the court, in
.~its sentence, may specify;
(c).the flogging shall be inflicted in prison and within six
.months of the sentence.

As amended by No. 11 of 1914 and No. 10 of 1923.
As amended by No. 10 of 1923.





(2) In all other cases where the piniishment 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 ollender the number of strokes
shall not exceed twenty-four;

(d) the flogging shall be inflicted with a birch on the
breech in prison and within six months of the

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.

6. Where, by any Ordinance in force, save in so far as it
is modified by this Ordinance, the Supreme Court or any
magistrate is.aiithorised to sentence an offender to flogging
such Ordinance shall. be construed and have effect as if the
instrument of flogging had been specified to te the birch
and the maximum nuniber. of strokes had been. specified to
be twenty-four.

7. In no case shall a sentence of flogging be passed upon
a female, either by the courts or in any prison.

8. No person shall be sentenced to be glogged nore than
once for the same offence.

No.4 of 1903, repealed by No.7 of 1917 and No.
2 of 1918

* As, aniended by N1o. 21 of 1915a.nd Law Rev. Ord., 19`24.
[Originally No.3 of 1903. No. 11 of 1914. No. 21 of 1915. No. 10 of 1923. Law Rev. Ord., 1924.] Short title. Interpretation. Supreme Court may award flogging in certain cases. Ordinance No. 2 of 1865. Ordinance No. 5 of 1865. Ordinance No. 4 of 1897. Ordinance No. 2 of 1900. Conditions under which flogging may be awarded and inflicted. Ordinance Nos. 5 of 1865 and 2 of 1900. Twenty-four strokes the maximum for combined offences. Construction of other Ordinance authorising flogging. Females not to be flogged. Double flogging prohibited. 4 & 5 Geo. 5, c. 58, s. 36(1).

[Originally No.3 of 1903. No. 11 of 1914. No. 21 of 1915. No. 10 of 1923. Law Rev. Ord., 1924.] Short title. Interpretation. Supreme Court may award flogging in certain cases. Ordinance No. 2 of 1865. Ordinance No. 5 of 1865. Ordinance No. 4 of 1897. Ordinance No. 2 of 1900. Conditions under which flogging may be awarded and inflicted. Ordinance Nos. 5 of 1865 and 2 of 1900. Twenty-four strokes the maximum for combined offences. Construction of other Ordinance authorising flogging. Females not to be flogged. Double flogging prohibited. 4 & 5 Geo. 5, c. 58, s. 36(1).

https://oelawhk.lib.hku.hk/items/show/1210

1923

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No. 3 of 1903

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