FLOGGING ORDINANCE, 1901

FLOGGING ORDINANCE, 1901

ORDIANCE NO. 7 OF 1901.

Flogging

AN ORDINANCE to consolidate and amend the laws relating
to the punishment of flogging. [25th march, 1901.]

BE it enacted by the governor of hongkong, with the advice and
consent of the legislative council thereof, as follows:-
1 this ordinance may be cited as the flogging ordinance, 1901.
2 in this ordinance, unless the context otherwise requires, -
'flogging' includes whipping:
'flogged' includes whipped.

3 where any person is convicted before the supreme court-
(1) of any crime, who, at the time of the commission thereof, was
armed with any offensive weapon or instrument; or
(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 6 months' impriosonment with hard labour; or (3) of any crime made punishable under section 20 of the offences
against the person ordinance, 1865; or
(4) of the crime of stealing any chattel, money, or valuable security
from the person of any woman or child; or
(5) of any crime made punishable under any of the following enactments,
namely, sections 31 to 36 of the larceny ordinance, 1865; or
(6) of piracy; or
(7) of indecent assault,
the court may, in addition to any other punishment awarded for such
crim, direct that theoffender, if a male, be flogged once, twice, or
thrice.
4 in every case where the punishment of flogging is awarded by the
supreme court or by a magistrate the following provisions shall have
effect; that is to say,-
(1) the sentence shall prescribe the number of strokes to be inflicted
at at each flogging;
(2) in the case of an offender whose age does not exceed 16 years, the number
of strokes at each such flogging shall not exceed 12;
(3) in the case of any other offender, the number of stokes to be inflicted
such flogging shall be inflicted with the birch on the breech,
privately, in prison, and within 6 months of the sentence.
5 where, by any ordinance in force save in so far as it is modified
by this ordinance, the supreme court or a magistrate is authorized to
sentence an offender to flogging with a rattan or any instrument other
than the birch or to any number of strokes exceeding twently at any one
flogging, such ordinance shall be construed and have effect as if the
instrument of flogging theein specified had been the birch and the
maximum number of strokes therein specified had been twenty.
A.D. 1901. Ordinance No. 10 or 1901.
Short title. Interpretation of terms. Power to the Supreme Court to award punishment of flogging in certain cases. No. 2 of 1865. No. 5 of 1865. Conditions subject to which punishment of flogging may be awarded and inflicted. Construction of other Ordinances authorizing punishment of flogging.

A.D. 1901. Ordinance No. 10 or 1901.
Short title. Interpretation of terms. Power to the Supreme Court to award punishment of flogging in certain cases. No. 2 of 1865. No. 5 of 1865. Conditions subject to which punishment of flogging may be awarded and inflicted. Construction of other Ordinances authorizing punishment of flogging.

https://oelawhk.lib.hku.hk/items/show/744

1901

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No. 7 of 1901

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