BRANDING AND FLOGGING ORDINANCE

BRANDING AND FLOGGING ORDINANCE

Branding and Flogging.

No. 4 of 1872.

An Ordinance to make Provision for the Branding and Punishment of
Criminals in certain Cases.

[5th April, 1872.]

WHEREAS crime has greatly increased since the branding of criminals, on
accepting conditional .pardons, and since the .punishniHnt of flogging for
returning to the Colony in violation of * the conditions of each pardons,
have been
discontinued: Be it therefore enacted by the, Governor of Hongkong, with
the advice
of the Legislative Council thereof, as follows:- , -

1. In all cases whore-Chinese convicted of am crime and actually
undergoing
sentence of imprisonment, may voluntarily petition the Governor to be
released on
condition that they shall be sufficiently marked or bonded, to be thereby
recognized
subsequently, and shall -also undertake to quit the Colony and not return
thereto.
without permission from the Governor, it shall be lawful for the Governor
to order any
convict so petitioning -as aforesaid to be marked and branded aecoAinglc:
Provided,
nevertbeless, that every, such convict so petitioning, shall state in his
petition his
willingness to leave the Colony; and, if found therein subsequently
without due permis-
sion, to be dealt with as the law may direct.
Branding and Flogging.

No. 4 of 1872.

2. Every convict so petitioning and branded as aforesaid, and
nevertheless<~,
returning to the Colony, shall be immediately liable, on recognition and
conviction,:.,
thereof before a Magistrate, 'to undergo the remainder o£ his original
sentence, anti;;.,
also, if a male, and, if convicted subsequent to his return to the Colony
of any felony;-v
or other crime, which the Court sentencing such convict may consider to
be so brutal,.
inveterate or mischievous as, to justify extraordinary measures, shall be
liable to be

once or twice publicly or privately flogged with the regulation
instrument: Prov idl
that not more than thirty-six lashes be inflicted on any one occasion.

3. Regulations defining the mode of branding under this Ordinance shall,
be,).
framed ,by' the Governor in Council and map be altered and amended from
time to.
time by the same authority.

4. This Ordinance hall not come into operation until lien Majesty's
confirmation.; ;
thereof shall have been proclaimed in the Colony by the Governor.

Confirmation proclaimed 19th August, 1872. Repealed by Ordinances
Nos. 8 of 1876 and 3 of 1881.]
1125

Title.
Preamble.
Branding in what cases to be resorted to.
Must be ordered by Governor.
1126
Branded convicts when liable to flogging on return to Colony.
Regulations as to mode of branding to be framed by Governor in Council.
Suspending clause.

1125

Title.
Preamble.
Branding in what cases to be resorted to.
Must be ordered by Governor.
1126
Branded convicts when liable to flogging on return to Colony.
Regulations as to mode of branding to be framed by Governor in Council.
Suspending clause.

https://oelawhk.lib.hku.hk/items/show/301

1890

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No. 4 of 1872

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