544
THE HONGKONG GOVERNMENT GAZETTE, 17TH SEPTEMBER, 1879.
at the Reformatory and was told he would be flogged if he did not confess the theft, whereupon he confessed the theft and was sentenced to be flogged. The Governor declined to allow that part of the sentence to be carried out.
Of the five prisoners sentenced to be publicly flogged with the cat on the back by Sir JOHN SMALE, the Governor allowed the first two to be so flogged, but on discovering the extent of the physical injury that had been inflicted, and on getting a report from the Colonial Surgeon against flogging Chinese on the back, he asked Sir JoHN SMALE to pass in future sentences of flogging in such a form as the Colonial Surgeon could certify might be carried out, that is, with a rattan on the breech. Sir JoHN declined to do this. Thereupon, Mr. HENNESSY referred the next case to the Attorney General, to advise whether he could alter the sentence to meet the Colonial Surgeon's certificate, but the Attorney General said the Governor could not alter either the place (the back) or the instrument (the cat) specified by Sir JOHN SMALE, and that he could only exercise his prerogative of remitting the flogging in toto: and as no flogging can take place without the Colonial Surgeon's certificate, and as the Governor agreed with the Colonial Surgeon, the floggings on three of those sentenced by Sir JOHN SMALE had to be remitted.
The three prisoners sentenced to be flogged by the Acting Chief Justice, Mr. SNOWDEN, were duly flogged. In one of these cases a delay of some days occurred owing to the absence of the Colonial Surgeon's certificate when the papers were luid before the Governor, and this was explained by the fact that Mr. SNOWDEN had forgotten to specify that the flogging was to be with a rattan on the breech. On the papers being returned to him, he explained that it was by an oversight this was omitted, and thereupon the Colonial Surgeon appended his certificate, and the Governor allowed the flogging.
Of the twenty-four flogging sentences passed by the Superintendent or Visiting Justices of the Gaol, Mr. HENNESSY allowed twenty-two to be carried out. One case he referred back to the Visiting Justices for their reconsideration, when they themselves withdrew the sentence of flogging on the ground that the prisoner had been ordered to do shot-drill when on penal diet, which was a breach of rule and of the instructions from Her Majesty's Government; and one other case he investigated himself with the Visiting Justices and the Colonial Surgeon, when it was discovered that one of the arms of a prisoner who had objected to crank-labour was quite withered from an old wound, the elbow joint and one finger permanently fixed, and that he had been just subjected to punishments in prison which the Attorney General reported were not lawful.
In this case the prisoner was ordered to do another kind of hard labour, such as the Colonial Surgeon could certify he was physically capable of doing, and, as he obeyed this order, the flogging was remitted.
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戊 賴籐日丁 年妄英嘉 丑三寅
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三按五松斷 司毆十日寅署肯四答寅 笞十年獄六司十按日察籐偷戊初籐 獄察五年司作十十年慢麥六四英三官籐斷鞭察笞司 竊寅七 官獄徐十英獄工九二英司察倫籐籐六十斷 戊 司九斷开巡年日十 同紳福二五
五官察羅籐五獄獄厚 月八丁卅寅卅斷十丁大理英笞 斷士毆籐月同獄來 月官紳顏四四初王丑五年二丁鞭丑區府六五 戊署打 初斷紳違四初同士侮十十一福年范英王丑 年耀斷月籐朱 寅司別五九戊士逆十七斷署慢二 日妄英星六中年英拐戊初
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