THE HONGKONG GOVERNMENT GAZETTE, 12TH NOVEMBER, 1879. 669
as a ground of extenuation. Your Excellency was looking very carefully through the whole thing, and this point escaped your observation, and the men who practically carry out the work, such as the chief gaoler and the clerk, are persons more likely to detect an error or omission than any one else. A Magistrate, with a large amount of business before him, makes a hasty order and trusts very much to his chief clerk, who makes out the formal warrants, and I put it forward that it was not so very odd it should have escaped me, as it escaped your Excellency. I am much obliged to your Excellency for having called attention to the fact that I had discovered--and for which I think I deserved some credit-that Mr. TOMLIN had been flogging with the cat, but it is right to mention that at the time he produced an Executive order for that being done, so that exonerated him to some extent, which I think I did not mention at the time. With reference to the CHAN TIN LAM case, I could only say I was sorry I had made such a mistake, but I said, and still say, any man in that position might make such a mistake.
His EXCELLENCY.—I did not express the slightest censure, nor do I know; but what I did feel was that as the man had been illegally flogged, and as the deportation sentence was illegal, I ought not to add five years' punishment to the punishments already inflicted. My Honourable friend (Mr. RUSSELL) in referring to the minute on the irregularities in the gaol, said he thought he had not mentioned that Mr. TOMLIN had produced an order, but I think, if he refers to his memorandum again he will find he says:-"It is true that he produced an order from the Governor to authorize the flogging with the cat for breach of gaol regulations"-though the Ordinance says the rattan, but Mr. RUSSELL also called attention to the fact that Mr. TOMLIN had the preceding day flogged a man who was not a felon, which is a clear illegality, and he goes on to say:- I regret to say, when I pointed this out to Mr. TOMLIN, and told him it should cease, he said-"I will take the responsibility of continu- ing it." This I regard as a very serious responsibility on the part of the Superintendent, and I there- fore think it my duty to record it and ask for the intervention of the Executive.' I think great credit is due to my Honourable friend (Mr. RUSSELL) for having protested against such illegalities.
your own.
Honourable W. KESWICK.-It is a source of great satisfaction to me that I have brought forward this subject to-day. It has enabled your Excellency to make a statement which I am sure will be received with much pleasure. My object in bringing forward these documents was to correct any mis- apprehensions I might have as to the way in which the cases had been dealt with and the statement of your Excellency at the last meeting. Your Excellency appears to consider that my views with regard to many of the subjects in connection with punishment in Ilongkong are of a character different from I am happy to say that in most of them, though your Excellency is of a different opinion my
views and support have been with you. It is not often I make remarks on subjects like this. When I do make them it is with the object of obtaining information and correcting misapprehensions. I am not aware I have said anything but what was reasonable to be concluded from the reading of the
which were papers
laid upon the table. With regard to deportation, I have the strongest possible feel- ing it should be used most carefully. I don't for one moment wish to differ from the remarks your Excellency has made, with somewhat of a personal feeling to myself. There is no doubt that many criminals are transported to the Kowloon shore and there plot plants to the injury of the Colony. In making the remarks I did in introducing this subject, I did so with no desire to cast censure, but with a view of showing I thought there was a discrepancy between the acts and the words used when we last met. Much that has been said has dispelled that opinion-(hear, hear)-and I think further the change of system in the Police is one altogether to be approved of; and if your Excellency thinks I prefer deportation and the punishment of crime to its prevention it is a great error.
There is no more
loyal supporter of law and order in the Colony than myself, though I myself say it, and I am sure no policy advocated by me will have the effect your Excellency suggested of depreciating property dimi- nishing population, or increasing crime. On the contrary, I would have such sanitary improvements as are required carried out, and that splendid balance which your Excellency referred to--and which it is very satisfactory to know exists-I should spend, because far more than $20,000 would be gained by having that money judiciously spent in improving the Colony, bringing water, and providing for other sanitary necessities. My policy, your Excellency, if I have one, is not that of interfering with the legitimate action of men, be they Chinese or Europeans, but I should like to see pursued a policy of firmness, of perfect disinterested punishment when punishment is due, that there should be no leniency shown to criminals when carrying out sentences; and when I alluded to some of the cases in which criminals have been cast adrift on the Colony I thought, as I think now, there might have been devised -or devised, perhaps, is not the correct word-but that laws might have been put in motion by which the men could be deported under a proper system—(Hear, hear.)
The CHIEF JUSTICE. This debate has certainly terminated in a way on which, I think, I may congratulate this assembly. That questions should be raised is, I believe, the healthiest thing that can happen in any Colony or any state, when they are raised in the way in which the Honourable member (Mr. KESWICK) has now raised them. I did not catch a word which I think ought not to have been used in fair debate, and I must say, on the other hand, that I think His Excellency the Governor, though the subject certainly in some respects touched him pretty closely, has avoided any language stronger than the occasion should call for (Hear, hear.) I will not myself go into any of