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Papua and New Guinea

Prisons Ordinance, 1923-1938

Part VI -- Trial of prison offences



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29. (1) ....

(2) A visiting justice may order that any male prisoner convicted of a prison offence specified by the Administrator by notice in the New Guinea Gazette shall be once privately whipped in lieu of any punishment or imprisonment which may be lawfully awarded for that offence.

(3) A sentence of whipping ordered under the last preceding sub-section to be inflicted on a person other than a native shall not be carried into execution unless confirmed by the Administrator.

(4) A sentence of whipping ordered under sub-section (2) of this section by any person other than a visiting justice who is a Judge or Stipendiary Magistrate to be inflicted on a native shall not be carried into execution unless confirmed by the Chief Inspector of Prisons.

(5) The number of strokes which may be ordered under sub-section (2) of this section shall not exceed ten.

(6) A sentence of whipping under sub-section (2) of this section shall be inflicted with a cane or birch rod.

(7) Where a sentence of whipping ordered under sub-section (2) of this section is not confirmed the visiting justice may order the prisoner in lieu of the whipping such other punishment or such imprisonment as may be lawfully awarded for the offence.

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80. Before any corporal punishment is inflicted on a prisoner, the visiting medical officer shall certify that such prisoner is physically fit to undergo the punishment.

81. The visiting officer shall be present at....every whipping which takes place within the prison.

(Note: Pursuant to section 29, the Administrator, by notice dated 7.6.1935 and published in the New Guinea Gazette of 15.6.1935 specified "the prison offence of Insubordination (Regulation 169(d) of the Prison Regulations) for the purposes of subsection (2) of section 29 of the Prisons Ordinance 1923-1935".)

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