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Hong Kong: Ordinance No 39 of 1954 as amended

Extracts from Chapter 222 of the Revised Edition 1975

Published by the Government Printer, Hong Kong


[....]

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.

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).

[....]

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)

[....]

(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)

SCHEDULE

PART I

1. Any offence contrary to section 4 of the Arms and Ammunition Ordinance.

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 5 or 6 of the Protection of Women and Juveniles Ordinance.

8. Any offence or attempted offence contrary to section 7 of the Protection of Women and Juveniles Ordinance where the complainant is under the age of 16 years.

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.




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