FLOGGING ORDINANCE, 1903

FLOGGING ORDINANCE, 1903

No. 3 of 1903.

To amend the law relating to the Punishment of Flogging.
[3rd Mlarch, 1903.]

WHEREAS it is expedient to repilate sentences of flogging, and to limit
the number of strokes which may be awarded bv sentences of the
Gourts or under the regulation., in force in the Prisons of the
Colony:-

1. The Flogging Ordinance, 1903.

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

flogged ' includes whipped.

3. Where any person is convicted before the Supreme Court-
(1) of any crinie, and was, at the time of the 'commission
thereof, 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 imprisonment with hard labour; or

(3) of any crime made punishable under sections 20, 44 or 45
of Ordinance No. 2 of 186.5 ; or
-:1~
(4) of the crime of stealing any chattel, money, or valuable
security froin the person of any wornan or child; or

(5) of any crime made punishable under sections 31, 32, 33, 34,
35, or 36 of Ordinance No. 5 of 1865 ; or

As amended by No, 50 of 1911 and No 48 of 1912 Supp. Sched '
As amended by No. 12 of 1911, No. 14,1 of 1411, No. 12 of 1912 and
No~ 4.3 0 19U1





(6) of piracy ; or

(7) of indecent assault,
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) Tn the case of any crime made punishable under section
31 of Ordinance No. 5 of 1865, where the punishment of flogging is
awarded by the Supreme Court on an offender whose age exceeds
16 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 24, and the
instrument used shall be either the instrument commonly known
as the cat -, or else a birch, as the Court, in its. sentence, may
specify
(c) the flogging shall be inflicted in prison and within 6 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 the case of an offender whose age does not. exceed 16 years
the number of strokes shall not exceed 12 ;
(c) in the case of any other offender the number of strokes shall
not exceed 24 ;
(d) the flogging shall be inflicted with a birch on the breech in
prison and within 6 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 24 strokes in the case of adults and 12 strokes in the case
of offenders whose age does not exceed 16 years.

6. Where, by any Ordinance in force, save in so far as it
is modified by this Ordinance, the Supreme Court or any

As amended by No. 12 of 1911, No. 8 of 1912, No. 12 of 1912 and
No. 21 of 1912.
As amended by No. 12 of 1912.
As amended by No. 12 of 1912 and No. 13 of 1912.

A
Magistrate is authorised to sentence an offender to flogging such
Ordinance shall be conAtrued and have effect as if the instrument
of flogging had been specified to be the birch and the Maximum
number of strokes had been specified to be 24.

7. In no case shall a sentence of flogging be passed upon a
female, either by the Courts or in any prison.
Is. 8, rep. No. 1.2 of 191T]
Short title. Interpretation. Supreme Court may award flogging in certain cases. Conditions under which flogging may be awarded and inflicted. Twenty-four strokes the maximum for combined offences. Construction of other Ordinances authorising flogging. females not to be flogged.

Short title. Interpretation. Supreme Court may award flogging in certain cases. Conditions under which flogging may be awarded and inflicted. Twenty-four strokes the maximum for combined offences. Construction of other Ordinances authorising flogging. females not to be flogged.

https://oelawhk.lib.hku.hk/items/show/931

1912

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No. 3 of 1903

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