FLOGGING ORDINANCE, 1903

FLOGGING ORDINANCE, 1903

1903.
No. 1 of 1903, repealed by. No. 7 of 1935.

No. 2 of 1903, incorporated in No. 10 of 1899

No. 3 of 1903.

An Ordinance to amend the laws relating to the punishment of flogging.

[6th March, 1903.]

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

2. In this Ordinance, ' flogging ' includes whipping.

3. 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;

(2) Of any felony 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;

(3) of any crime made punishable under section 20, 44 or 45 of the
Offences against the Person Ordinance, 1865 ;

(4) of the crime of stealing any chattel, money or valuable security from
the person of any woman or child;

[(5), rep. No. 32 Of 1935.]

(6) of any crime made punishable under section 4 of the Protection of
Women and Girls Ordinance, 1897

(7) of piracy;

See also No. 10 of 1886, s. 12A, No. 41 of 1932, ss. 89 and 90, and
No. 32 of 1936, ss. 4, 30, 31, 40 (1), 46 (1), 51 (c), 53 and 61 (3).

As amended by No. 2 of 1933 [17.2.33].





(8) of indecent assault; or

(9) of any crime made punishable under section 4 of the
Arms and Ammunition Ordinance, 1933,

the court may, in addition to any other punishment awarded for
such crime, Irect 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
4 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-

(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 a ny 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]

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, authorized to sentence an offender to flogging, such
Ordinance shall be construed and have effect as if the instrument
of flogging had been specified to be a light cane or rattan
and the maximum number 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 flogged more than
once for the same offence.
[1.1.36.] [Originally No. 3 of 1903. No. 2 of 1933. No. 32 of 1935. No. 33 of 1936.] Short title. Interpretation. Supreme Court may award flogging in certain cases. Ordinance No. 2 of 1865. [6.9.35.] Ordinance No. 4 of 1897. Ordinance No. 2 of 1933. Conditions under which flogging may be awarded and inflicted. Ordinances Nos. 32 of 1935 and 2 of 1933. Twenty-four strokes the maximum for combined offences. Construction of other Ordinances authorizing flogging. Females not to be flogged. Double flogging prohibited. 4 & 5 Geo. 5, c. 58, s. 36 (1).

[1.1.36.] [Originally No. 3 of 1903. No. 2 of 1933. No. 32 of 1935. No. 33 of 1936.] Short title. Interpretation. Supreme Court may award flogging in certain cases. Ordinance No. 2 of 1865. [6.9.35.] Ordinance No. 4 of 1897. Ordinance No. 2 of 1933. Conditions under which flogging may be awarded and inflicted. Ordinances Nos. 32 of 1935 and 2 of 1933. Twenty-four strokes the maximum for combined offences. Construction of other Ordinances authorizing flogging. Females not to be flogged. Double flogging prohibited. 4 & 5 Geo. 5, c. 58, s. 36 (1).

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1937

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No. 3 of 1903

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