FLOGGING ORDINANCE

FLOGGING ORDINANCE

CHAPTER 222.
FLOGGING.

To amend the laws relating to the punishment of flogging.

[6th March, 1903.]

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

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

3. Where any person is convicted before the Supreme
Court-
(a)of any crime, and was at the time of the commission
thereof armed with any offensive weapon or instru-
ment ;
(b)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;
(c)of any crime made punishable under section 20, 42
or 43 Of the Offences against the Person Ordinance ;
(d)of the crime of stealing any chattel, money or
valuable security from the person of any woman or
child;
(e)of any offence punishable with flogging under
section 30 of the Protection of Women and Girls
Ordinance 1938;
of piracy;
(g) of indecent assault; or
(h)of any crime made punishable under section 4 of the
Arms and Ammunition Ordinance,
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
subsection (i) of section 40 of the Larceny Ordinance, or
under section 4 of the Arms and Ammunition Ordinance,
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 instru-
ment 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 tile 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 offen-
ders 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 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.
Originally 3 of 1903. Fraser 3 of 1903. 5 of 1938. Short title. Interpretation. Supreme Court may award flogging in certain cases. (Cap. 212.) 5 of 1938, s. 45. (5 of 1938.) (Cap. 238.) Conditions under which flogging may be awarded and inflicted. (Cap. 210.) 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).

Originally 3 of 1903. Fraser 3 of 1903. 5 of 1938. Short title. Interpretation. Supreme Court may award flogging in certain cases. (Cap. 212.) 5 of 1938, s. 45. (5 of 1938.) (Cap. 238.) Conditions under which flogging may be awarded and inflicted. (Cap. 210.) 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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