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R. v. Geofrey Mallamia, Crim. Rev. 29-A-68, 29/5/68 Platt J.
Two juveniles were convicted of stealing, whereupon they were sentenced to 8 strokes corporal punishment [Corporal Punishment Ordinance, Cap. 17, sec. 6] They were also ordered repatriated to their home areas [Children and Young Persons’ Ordinance Cap. 13, sec. 23(b)].
Held: Cap. 17, sec. 6 empowers a court to impose corporal punishment in lieu of other punishment where the offence charged is under the Penal Code, other than an offence punishable by death. Cap. 13, sec. 23 permits repatriation as an alternative, or in addition to, other punishments which may be awarded under Cap. 13. The trial magistrate therefore had to choose between punishing accused under Cap. 13 or Cap. 17. The orders of repatriation were set aside.
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