WHIPPING AND SOLITARY CONFINEMENT ORDINANCE

WHIPPING AND SOLITARY CONFINEMENT ORDINANCE

with certain
Case&:: ,:

ORDI~TANCE No. 3- oar 1868.,

Whipping and Solitary Confinement.

No. 3 of 1868.

An Ordinance to Empower the Supreme Court to direct Offend-
ers, to be `vhipped and to be kept in Solitary Confinement
in certain specified Cases.
22nd May, 1868.

WHEREAS the crimes of child-stealing and of taking or detention
of persons against their will have recently much increased within
the Colony: anal whereas it is expedient that the punishment hitherto
awarded for crimes of this nature should be increased with a view to their
suppression: 13e it enacted by tire (xuve,rlror of Hongkong, with the
advice
of the Legislative Council thereof, as follows.: -

1. Where any person shall be convicted of any crime specified in sections
50 or
51 of Ordinance No. 4 of 1865, the Supreme Court allay, in addition to
the punishment
heretofore awarded for such uritne, direct that the offender, it' a male,
be once, tvAce,,
or thrice publicly or privately whipped subject to the following
lurovisions:-

(1.) That in the case of an offender, whose ago does not exceed sixteen
years, the number of strokes at each such whipping do not exceed
twentylfive,.
and the instrument used shall be a rattan.

(2.) That in the case of any other mate offender, the number of strokes
do not exceed thirty-six at each such whipping.

(3.) That in each case the Court in its sentence sliall_specify the
number-:
of strokes to be inflicted, and the instrument to be used. Provided that
.in
no case shall such whipping take place after tire expiration of six
months f rona
the passing of the sentence. [Repeated by Ordinance No. 3 of 1881.

preamble.

Power to award
pnnfehment of
whipping lncasos
specified in
sections 60 and bl
of Oruu.anca No,

Power ;n hke- 2 Where any person shall be convicted of any crime specified
in one

oases toawarct
:tolitvrv con. pf the said~sectioris 50 or .51, the Supreme Court may, in
addition of the.
11nement, pnni:ahlueut hurexoturc awarded for such crirnr, direct that the
uffinder
,.be kept in ,solitary conlinenlent fur any portion of his time of penal
servitude-or imprisonment, fur lr, period not exceedilrb one month at any'
one time and not exceedin0 three months in any one year.

$, Two Magistrates sitting together, shall and they are hereby empowered
to
hear and determine cases of child-stealing and of taking- or detaining
persons against
their will, and in every such case, if it shall appear that the ends of
justice will beat,
be met by dealing summarily therewith, the said Magistrates may adjudge
the offender
on conviction to be imprisoned and kept to bard labory for guy term not
exceeding two-
years and the provisions of section (i6 of Ordinance No. 4 of 18(i5 shall
apply to every-
such `conviction. [Repealed by Ordinance No. 16 of 1875.]
No. 3 of 1868.

Whipping and Solitary Confinement.

4. This Ordinance shad .not come into operation till Her Majesty
Sluspendhg
the QUEEN'S confirmation thereof shall have been proclaimed in the Corny,
by the Governor.

[Confirmation proclaimed 22nd September, 1868.]
990
Title.
[See Ord. No. 16 of 1887.]
Preamble.
Power to award punishment of whipping in cases specified in sections 50 and 51 of Ordinance No. 4 of 1865.
Power in like cases to award solitory confinement.
Two Magistrates empowered to deal with certain cases.
991
Suspending clause.

990
Title.
[See Ord. No. 16 of 1887.]
Preamble.
Power to award punishment of whipping in cases specified in sections 50 and 51 of Ordinance No. 4 of 1865.
Power in like cases to award solitory confinement.
Two Magistrates empowered to deal with certain cases.
991
Suspending clause.

https://oelawhk.lib.hku.hk/items/show/245

1890

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No. 3 of 1868

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