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[No. 40.]

THE HONGKONG GOVERNMENT GAZETTE, 19TH OCTOBER, 1878. His Excellency Governor Sir Arthur Kennedy, K.C.M.G., C.B.,

to the Right Honourable the Earl of Carnarvon.

GOVERNMENT HOUSE,

HONGKONG, 28th February, 1877.

493

MY LORD,With reference to your Lordship's Despatch No. 100 of the 29th July, 1876, I have the satisfaction of being able, on the eve of my departure, to inform your Lordship that the questions connected with the discipline and dietary of Victoria Gaol, Hongkong, have at length been satisfactorily settled, and put, I trust, upon a basis which will eventually result in a material decrease in its inmates.

The long delay which has taken place not only in the preparation of the report, but in the final adoption of the regulations and dietary scale, has been owing to the thorough and exhaustive manner in which the Commission prosecuted its enquiries in the first instance, and to the desire by which the Executive was animated to allow every variety of opinion in matters of detail to be thoroughly ventilated and weighed before finally reducing to a system the suggestions recommended by individual members of the Commission.

With these remarks I will leave the report of the Commission, together with the evidence taken by it, and the code of regulations and scale of dietary finally adopted by the Executive in your Lordship's hands.

I have, &c.,

[No. 45.]

The Right Ilonourable The Earl of Carnarvon to His Excellency Governor Pope Hennessy, C.M.G.

A. E. KENNEDY, Governor.

DOWNING STREET,

7th May, 1877.

SIR,I have received Sir A. KENNEDY'S Despatch No. 40 of the 28th of February, forwarding the Report of a Commission appointed to inquire into the discipline and dietary of the Victoria Gaol, together with a Code ~ Regulations recommended by the Commission.

2. I do not

has taken in reg

assume that tho

comment on the

1 Sir

THUR KENNEDY'S Despoteh action the Hangkonan Cköpar ode of Regulations which has been drawn up by re Commission.

rnment ns have not yet been promulgated and that it is therefore open to me to I shall with a view to their amendment before promulgation.

3. But first win regard to the Report of the Commission itself I have to observe that while I agree in the view that the dietary has hitherto been excessive, experience leads me to be cautious in adopting reductions in face of adverse professional opinion. The fact that the diet of a prisoner is better than that of a free labourer is not necessarily diet of the free labourer may be more ample than is strictly necessary.

a conclusive proof that it is excessive. The able to sustain itself on less food when the man is free, than in the depressing circumstances of impri- The human frame may be sonment. A Government incurs a grave responsibility if it reduces men to so low a condition that an outbreak of epidemic evil find them an easy prey to its ravages. Altogether the question is surrounded with so many hygienic and medical difficulties, that in examining the question for yourself I have no doubt you will exercise great caution.

4. I am not disposed to disagree with the criticisms of the Committee on the subject of Prison Labour, and, as at present advised, I concur in their recommendation that the eight cranks now in store should be put up and made use of.

5. If it is thought desirable to introduce a tread-wheel, one can be procured through the Crown Agents, and sent out to the Colony, with instructions how to put it together and use it.

6. The Committee seem to have considered the question of the reconstruction of the Gaol upon the separate system beyond the scope of their enquiries, though expressing an opinion in favour of the plan.

I consider the separate system to be the only true basis of Prison Discipline, and among Chinese prisoners there are very special reasons for its adoption. It is mentioned in the Report that few of the Warders know Chinese, and the terrible outbreak in the Singapore Prison is a warning of the danger of affording Chinese prisoners an opportunity to combine. I have to request that you will at once call on the Surveyor General to draw out plans for consideration showing the alterations that would be requisite and the surrounding ground and buildings.

7. With regard to the proposed Regulations, I have to observe that the power given by the 7th Regulation to the Superintendent to put his subordinates in irons appears to me wholly illegal, and the infliction of fines can only be enforced under pain of dismissal.

8. Rule 83, respecting the cutting of women's hair is at variance with the instructions conveyed in my Circular Despatch of the 22nd of April, 1876.

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