THE HONGKONG GOVERNMENT GAZETTE, 19TH NOVEMBER, 1881. 1009
But whilst I made this verbal alteration, I beg leave to point out that Your Lordship was under a misconception in thinking that the word "flogging" does not occur in any of the enactments the Draft Ordinance proposed to repeal. For instance, in the same despatch. Your Lordship expresses the opinion that it is well to retain in the Schedule the whole of Ordinance 8 of 1876, as an Ordinance to be repealed. But Section XI of that statute authorizes a returned deportee convicted of a "mischievous" crime to be once or twice publicly or privately flogged with "not more on each occa-
sion than thirty six lashes."
The Statute against which the proposed Draft Ordinance was mainly directed is Ordinance 4 of 1872, which is now to be repealed. Your Lordship will see that in the collection of Hongkong Statutes, Volume 2, this Ordinance is headed "Branding and Flogging;" and that the word "flogging" occurs in the preamble as well as in Clause II.
The Schedule proposes to repeal in Section IX of Ordinance 1 of 1868 the words amongst others 'thrice publicly or privately flogged;" and in Section XXXII the words "publicly or privately flogged in the manner * * with respect to flogging under Ordinance 12.”
The Right Honourable
I have, &c.,
(Signed)
J. POPE HENNESSY.
THE EARL OF KIMBERLEY,
Her Majesty's Principal Secretary of State for the Colonies,
Sc.,
St.,
&c.
THE RIGHT HONOURABLE THE EARL OF KIMBERLEY TO Governor SIR JOHN POPE HENNESSY, K.C.M.G.
HONGKONG.
No. 116.
DOWNING STREET,
1st October, 1881.
SIR, I have the honour to convey to you Her Majesty's gracious confirmation and allowance of the Ordinance No. 3 of 1881, of the Legislature of Hongkong, entitled "The Penal Ordinances "Amendment Ordinance, 1881," a transcript of which accompanied your despatched No. 118 of the 28th of July.
Governor Sir JOHN POPE HONNESSY, K.C.M.G.,
&c.,
I have, &c.,
(Signed) KIMBERLEY,
&c.,
&c.
THE RIGHT HONOURABLE The Earl of KIMBERLEY TO Governor SIR JOHN POPE HENNESSY, K.C.M.G.
HONGKONG.
No. 121.
Downing StreET,
4th October, 1881.
SIR, I have the honour to acknowledge the receipt of your despatches No. 91 of the 15th of June and No. 95 of the 18th of June, on the subject of the Penal Laws Amendment Ordinance.
In my despatch No. 116 of the 1st instant, I have conveyed to you Her Majesty's Gracious Con- firmation of this Ordinance, but I have to express my regret that the mistake respecting the occurrence of the word "flogging" in the repealed Ordinances to which you have very properly called attention. should have occurred in my despatch No. 96 of the 28th of December.
I have. &c..
(Signed)
KIMBERLEY.
&c.,
Sr.
Governor SIR JOHN POPE HENNESSY, K.C.M.G.,
Se..