CORPORAL PUNISHMENT ORDINANCE

CORPORAL PUNISHMENT ORDINANCE

LAWS OF HONG KONG

CORPORAL PUNISHMENT ORDINANCE

CHAPTER 222

REVISED EDITION 1982

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 22

CORPORAL PUNISHMENT

To amend and consolidate the law touching corporal punishment.

[22 October 1954.]

1 . This Ordinance may be cited as the Corporal Punishment Ordinance.

2. For the purposes of this Ordinance, 'Court' means the
High Court, the District Court and a magistrate.

(Rep ced, 13 of 1970, s. 2)

3. (1) Where any male person apparently of or above the age of 16
years is convicted by a Court of any offence specified in Part I of the
Schedule, the Court may, in addition to or in lieu of any other punishment
for such offence, sentence the offender to be caned.

(2) Where any male person apparently under the age of 16 years
is convicted by a Court of any offence specified in Part I or Part II of the
Schedule, the Court may, in addition to or in lieu of any other
punishment for such offence, sentence the offender to be caned.

(3) Where any male person apparently under the age of 16 years is
convicted by a Court of any offence 0ther than an offence specified in
Part I or Part II of the Schedule, the court may, in lieu of any other punishment
for such offence, sentence the offender to be caned.

(4) Without prejudice to subsection (3) where any male person is
convicted by a court of any offence under section 8 or 36 of the
Dangerous Drugs Ordinance, which was committed whilst such person
was in the custody of the Commissioner of Correctional Services, the
Court may, in addition to or in lieu of any other punishment for such
offence, sentence the offender to be caned. (Added, 42 of 1974, s. 2)

(Replace , 13 of 1970, s. 2)



4. (1) Where upon conviction by a Court

(a) a person is sentenced to be caned; and

(b) no term of imprisonment or a term of imprisonment not
exceeding 14 days is imposed on him,





the Court may-

(i) order the offender to enter into a recognizance for such amount
as the Court deems sufficient, with or without sureties, that
he will appear at such time and at such place as are specified
in the order so that the sentence of caning may be duly
carried out;

(ii) order that the offender shall be committed to custody in
accordance with subsection (3) until the sentence of caning is
duly carried out; or

(iii) make an order under subsection (2).

(2) If, after conviction by a Court for an offence, a person who is
sentenced to be caned informs the Court that he wishes to forgo
any right of appeal which would be available to him under any law in
respect of that offence, the Court may order


(a) that the sentence of caning shall be carried out as soon as
practicable within the next 24 hours; and

(b) that the offender shall be committed to custody in accordance
with subsection (3) for the purpose of complying with
paragraph (a).

(3) For the purposes of this section-

(a)an offender who is under the age of 16 years may be committed
to a place of detention appointed under the Juvenile Offenders
Ordinance and thereupon shall be subject to the provisions of
that Ordinance;

(b)an offender who is of or over the age of 16 years but below the
age of 21 years may be committed to a training centre
established under the Training Centres Ordinance and
thereupon shall be subject to the provisions of that
Ordinance; and

(c)any other offender may be committed to a prison and while
therein shall, notwithstanding his conviction, be treated as a
person remanded for trial.

(4) An offender under the age of 21 years committed to a place of
detention or training centre under subsection (3) may be removed
therefrom to the premises of the Court by which the sentence of caning
was imposed or to a prison in order that the sentence may be
carried out in accordance with section 5.
(5) A recognizance or surety under subsection (1) may be
enforced in like manner as a recognizance may. be enforced under
Part VI of the Criminal Procedure Ordinance or Part II of the
Magistrates Ordinance, as the case may require.

(Added, 13 of 1970, s. 2)

5. (1) Where a sentence of caning is imposed by a Court. the
following provisions shall have effect- (Amended, 13 of 1970,s.3)

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





(b)in the case of an offender of or above the age of 17 years, the
number of strokes shall not exceed 18; (Amended,45 of 1955, s. 2)

(c) (i) in the case of an offender of or above the age of 14
years and below the age of 17 years the number of strokes
shall not exceed 12;
(ii) in the case of an offender below the age of 14 years, the
number of strokes shall not exceed 6; (Replaced, 45 of 1955, s.
2)

(d)the instrument used shall be a light cane or rattan of a type
approved by the Governor;

(e) the caning shall be administered on the breech of the
offender as soon as practicable and in any case before the
expiry of 6 weeks after the final determination of the
proceedings in consequence of which the offender was
sentenced; (Amended, 45 of 1955, s. 2, and 13 of 1970, s. 3)

(f) the caning shall be carried out in full on one occasion;

(Added, 13 of 1970, s. 3)

(g) the caning shall be carried out
(i) if the offender is apparently of or above the age of 16
years, in a prison;

(ii) if the offender apparently under the age of 16 year,
either in a prison in the premises of a court, as the
court may order after consultation with the Commissioner
of Correctional Servces,

(iii) if the offlender is apparently under the age of 16 years, in
the presence of parent, guardian, relative or other person in
charge of the offender who wishes to be present. (Replaced,
10 1972,s.2)

(Amended, 35 of 1959, s. 2)

(2) For the purposes of this section, proceedings shall not be deemed
to be finally determined until the expiration of the time within which notice
of appeal or of an application for leave to appeal may be given or, where
notice is so given, until the appeal or application has been determined.

6. Cumulative sentences of caning imposed for 2 or more distinct offences
shall not exceed in the aggregate the number of strokes prescribed by paragraph (b)
or (c), as the case may be, of
section 5(1).
(Amended, 35 of 1959, s. 2)


7. No person shall be sentenced to be caned more than once for the
same offence.

(Amended, 35 of 1959, s. 2)

8. The LegisIative Council may, by resolution, amend the Schedule.

(Added, 19 of 1971, s. 2)





SCHEDULE [s. 3.]

PART I

1. An offence under any section in Part III of the Firearms and Amunition
Ordinance. (Replaced, 68 of 1981, s. 56)
2. Any offence contrary to section 10 or 12 of the Theft Ordinance.

3. Any offence contrary to section 17, 20, 42 or 43 of the Offences against the
Person Ordinance.

4. The theft of any property from the person of any woman or child.

5. Piracy.

6. Rape or attempted rape of a girl under the age of 16 years.

7. Any offence contrary to section on 123 or 124 of the Crimes Ordinance,
(Amended, 1 of 1978, s. 8)

8. Any offence or attempted offence contrary to section 122 of the Crimes
Ordinance where the complainant is under the age of 16 years. (Amended, 1 of
1978,s.8)

9. Any offence contrary to section 33 of the Public Order Ordinance.

10. Affray.

11. Any offence against section 4, 5. 6, 7, 35 or 37 of the Dangerous Drugs
Ordinance.

12. Any offence against section 17(a) of the Prisons Ordinance.

13. Any offence contrary to section 17 of the Summary Offences Ordinance.

14. Any offence contrary to section 4 of the Weapons Ordinance. fAdded.69
of 1981, S. 19)
amended, 64 of 1967, s. 55; 13 of 1970, . 5; 21 of 1970, Second Schedule, 19 of
1971, s. 3; 42 of 1974, s. 3 and L.N. 96/75]

PART II

1 . Larceny or any offence which is by law deemed or declared to be simple
larceny or punishable as simple, larceny.

2. Assault occasioning actual bodily harm.

3. Indecent assault. (Added, 13 of 1970, s. 5)
Originally 39 of 1954. 45 of 1955. 35 of 1959. 64 of 1967. 13 of 1970. 21 of 1970. 19 of 1971. 10 of 1972. 42 of 1974. L.N. 96/75. 1 of 1978. 68 of 1981. 69 of 1981. Short title. Interpretation. Offences for which caning may be imposed on a male person. Schedule. (Cap. 134.) Enforcement of sentence of corporal punishment. (Cap. 226.) (Cap. 280.) (Cap. 221.) (Cap. 227) Caning. Cumulative sentences. A person not to be caned more than once for the same offence. Amendment of schedule. (Cap. 238.) (Cap. 210) (Cap. 212) (Cap. 200) (Cap. 245) (Cap. 134) (Cap. 234) (Cap. 228) (Cap. 217)

Originally 39 of 1954. 45 of 1955. 35 of 1959. 64 of 1967. 13 of 1970. 21 of 1970. 19 of 1971. 10 of 1972. 42 of 1974. L.N. 96/75. 1 of 1978. 68 of 1981. 69 of 1981. Short title. Interpretation. Offences for which caning may be imposed on a male person. Schedule. (Cap. 134.) Enforcement of sentence of corporal punishment. (Cap. 226.) (Cap. 280.) (Cap. 221.) (Cap. 227) Caning. Cumulative sentences. A person not to be caned more than once for the same offence. Amendment of schedule. (Cap. 238.) (Cap. 210) (Cap. 212) (Cap. 200) (Cap. 245) (Cap. 134) (Cap. 234) (Cap. 228) (Cap. 217)

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