Hong Kong: Reformatory School Rules

Extracts from Cap.225 L.N..163/77

Originally dated 4 September 1959; renewed in 1977 (later repealed)

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12.(2).....Punishment may take one of the following forms but no other --
(a)....
(b)....
(c)....
(d) in the case of male detained persons, caning in accordance with Rule 12A.

(3) The superintendent shall be solely responsible for the punishment of any detained person, which in no case shall be administered by any other detained person, and the superintendent shall record all punishments inflicted in the punishment book kept under rule 6(f).

12A. Caning under rule 12(2) (d) may be awarded only in respect of the following offences against discipline --
(a) escape or attempted escape from a school or aiding or endeavouring to aid the escape of any detained person whether the escape is actually effected or not;
(b) wilful disfiguration or damage to any part of a school or any property which is not owned by the offender;
(c) assault;
(d) bullying;
(e) swearing, cursing or using any abusive, insolent, threatening or improper language;
(f) indecency in language, act or gesture.

(2) In the case of an offence under sub-paragraph (d),(e) or (f) of paragraph (1), caning may only be awarded where a formal warning has previously been given to the detained person by the superintendent and recorded in the punishment book.

(3) Where an award of caning is made --
(a) the superintendent shall inform the detained person that he may, within 48 hours, appeal to the Director against the award by giving notice to the superintendent who shall forthwith notify the Director;
(b) the superintendent shall inform the detained person that he may forego his right of appeal.

(4) If after the award of caning the detained person informs the superintendent that he wishes to forego his right of appeal, the superintendent shall record this in the punishment book, and the award shall be carried out as soon as practicable thereafter.

(5) Subject to paragraph (4) an award of caning shall not be carried out until 48 hours after the making of the award; and if an appeal has been lodged within that period, the superintendent shall stay execution of the award pending the determination of the appeal.

(6) The Director may confirm, vary or reverse any award against which an appeal is made.

(7) When an award of caning is made --
(a) the award shall specify the number of strokes to be inflicted;

(b) in the case of an offender of or above the age of 14 years, the number of strokes shall not exceed 12;

(c) in the case of an offender below the age of 14 years, the number of strokes shall not exceed 6;

(d) the caning shall be administered on the clothed buttocks of the offender;

(e) a light cane or rattan of such type as may be approved by the Governor shall be used.

12 B. (1) The superintendent and the medical officer shall attend on every occasion when a caning is inflicted, and no detained person shall be caned unless the medical officer has certified in writing that such detained person is in a fit condition of health to undergo such caning.

(2) The medical officer shall make such recommendations for preventing injury to the health of a detained person undergoing such caning as he considers necessary and the superintendent shall carry them into effect.

(3) At any time during the caning the medical officer may, if he considers it necessary in order to prevent injury to the health of the detained person, recommend that further caning shall not be inflicted whereupon the superintendent shall remit the remainder of the caning.

(4) The superintendent shall enter in the punishment book the hour at which such caning was inflicted, the number of strokes inflicted, and any order which he may have given as to remission.

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