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THE HONGKONG GOVERNMENT GAZETTE, 10TH MARCII, 1877.
FLOGGING.
121
In the Regulations of June, 1857, the limit fixed by Rule 78 was not more than 6 strokes after a previous inspection by the Colonial Surgeon, the highest number of strokes being 15 (by Rule 83).
The Ordinance having over-ridden the Gaol Regulations, it will be seen that the Superintendent has no power to inflict corporal punishment on any prisoners but those convicted of felony when acting alone. With the concurrence of the Visiting Justices he has the power to punish not only felons, but prisoners twice in 3 months guilty of a similar breach of Gaol Rules or of the offences enumerated in the 10th Section of the Ordinance whether felons or misdemeanants.
Recommendation as to flogging. The majority of the Committee (3 to 2) recommend that the power of flogging a prisoner, except in the case of boys under 16 years, be taken altogether out of the hands of the Superintendent acting alone.
(Vide Lords' Reports, Part 2, Chap. 2, Note II).
That in cases of breach of Gaol Rules or of offences enumerated in the Special Rule proposed for the sanction of His Excellency, should the Superintendent consider that his powers of punishment are not adequate to the gravity of the offence, the Visiting Justices for the week should have notice given to them and be requested to attend at the earliest hour convenient to them.
That should neither two of the Visiting Justices of the week be able to attend, the Police Magistrate for the day shall go to the Gaol. That the offender be brought before them or him, and that the complaint be investigated on the oath of the witnesses, and that a note of the complaint and the evidence, as well as the sentence, be taken down in a book.
That such Visiting Justices, or Police Magistrate, should have authority to order all prisoners, except debtors and 1st class misdemeanants, to undergo a flogging of not more than 24 strokes if above 16 years of age, and not more than 12 strokes if under.
IRONS, CHAINS AND HANDCUFFS.-By regulation 9, the Superintendent has at present power to put a prisoner in irons for an unlimited time, recording the facts in his book, meaning, it is presumed, the book answering to the
Daily Occurrence Book."
$6
In a letter dated 8th February, 1876, the attention of the Committee was directed to this subject by the Colonial Secretary, who forwarded an extract from the Visiting Justices' book by which it was pointed out that a prisoner, MOK-A-KAP had been kept in double irons for a period (it is presumed but not stated) of 6 days consecutively, and suggesting that an Order be made placing a limit to the punishment.
Recommendation. The Committee recommend the adoption of a rule that this punishment (handcuffing and chaining") should only be employed in cases of great necessity, as where a prisoner is in a state of great excitement and irritation and has used or threatens to use violence.
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Such restraint should not be continued for more than 24 hours consecutively without an order from a Visiting Justice specifying the cause thereof and the time during which the prisoner shall be kept in such restraint, which order the Superintendent shall preserve as his authority. This shall not affect the power of the Superintendent të make a prisoner work in leg-irons.
SOLITARY CONFINEMENT AND DARK CELLS.-Solitary confinement will be considered separately as forming part Of course, it is applicable to breaches of Gaol Rules of the punishment to be undorgone in carrying out a sentence. as well.
It means in England confinement by day and night in a light cell without any occupation or any possibility of speaking to any other prisoner. The Turnkeys who bring in the meals are forbidden to speak.
Dark Cells are a form of this punishment and a very severe one.
There are no proper dark cells in the present Gaol, as all admit some light. Intense darkness is the essence of the punishment, and is most irksome.
The Committee recommend that a certain number of "solitary cells" be so constructed as to be capable of being turned into “dark cells" provided care be taken that proper ventilation is secured.
That power be conferred on the Superintendent to confine misbehaving prisoners in dark cells for not longer than 12 hours and with the consent of the Visiting Justices or the Police Magistrate for the day, for 24 hours, care being taken that such prisoner be visited by a Turnkey at regular intervals with a light and that such Turnkey be strictly ordered to report at once to the Superintendent any injurious effect he may observe.
Bread or Rice and Water for Europeans and Chinese. For the former it is a very efficacious punishment, for the latter it is not so as it differs but little from the ordinary diet, and as they have hitherto been relieved from all labour, whilst under this punishment, it has no deterrent effect.
The attention of the Committee has been called to one very great evil attending dietary punishment, inflicted for a breach of Gaol Rules.
They conflict with the dietaries awarded as part of the punishment under sentence.
The Rule as to bread or rice and water at present is this. Prisoners sentenced to 14 days' imprisonment and under, are kept the whole time on bread or rice and water, all other prisoners are kept on this dict for the first 6 months of their sentence during 10 days of each month from the 1st to the 5th and the 16th to the 20th. This was an alteration from the Amended Regulations of 1872, by which the first 10 days were passed on this diet.
The difficulty is that when bread or rice and water is ordered as a punishment for some Gaol offence imme- diately after the termination of a period of penal diet as part of the punishment under the sentence, the prisoners are apt to complain to the Medical Officer of weakness or ill-health. Either extra rations or a return to the full ordinary diet have in many cases been ordered by the Medical Officer, and thus the intended punishment is defeated. Recommendation.-The Committee strongly advise that the Superintendent be empowered to give as punishment for Gaol offences, Solitary confinement for not more than 3 days consecutively, extra shot-drill with the 32 lb. shot if necessary, or "stone-carrying," or extra “oakum-picking,” “irons,” “chains" and "handcuffs" under the limits proposed, in the place of dictary punishments.
"Crank."-The present Acting Superintendent is of opinion that this punishment should be reserved for offences against Gaol discipline.
The Committee are of opinion that unless the crank can be used more extensively as a punishment by way of hard labour under sentence, it will be of advantage to adapt the recommendations of the Superintendent, as it would
mu, kiel has been pointed nal. then take the place of dietary punishments, of which th