8. With respect to the deterrent effect of imprisonment this Commission has no hesitation in saying that under the liberal diet which at present exists in the Gaol and other circumstances attending imprisonment, a short detention, say under six months, is no punishment for an ordinary Chinaman, he is better fed and better housed in prison than outside and the work or task which he has to perform is certainly less than he would have to do to obtain a livelihood were he free. He is in almost unrestricted association with criminals like himself and has one and a half day's holiday a week, a thing which the ordinary Chinese labourer never enjoys.
9. On the question of punishment the Commission have considered the legislation. as to whipping.
10. The law which at present regulates whipping is Ordinance 3 of 1881. It repeals the Ordinances or Sections of Ordinances hereinafter mentioned and provides whipping with a rattan when any offender has been convicted of a crime punishable under Section 19 of Ordinance 4 of 1865 or under Section 31 of Ordinance 7 of 1865, that is
Section 19 of 4 of 1865 punishes any one attempting to choke, strangle, or suffocate any other person, or who by means calculated to choke, suffocate, or strangle shall attempt to render any one unconscious or incapable of resistance, and Section 31 of Ordinance 7 of 1865 punishes robbery with violence.
11. The only other case in which whipping is at present allowed is under Section 8 of Ordinance 16 of 1875 which permits a Police Magistrate to inflict whipping on any male offender whose age appears to him not to exceed 16 years when such offender has been convicted of Larceny or any offence deemed and punishable as simple Larceny.
12. The present Ordinance, viz., 3 of 1881, repeals
1o. 12 of 1865 under which whipping could be inflicted on any male offender convicted of a crime who at the time of the commission thereof had been armed with an offensive weapon or instrument or who at the time of, or immediately before or after the commission of the crime had used personal violence, or who should at any of the times aforesaid have attempted to render any other person insensible unconscious or incapable of resistance.
2°. Sections 2 and 3 of Ordinance 12 of 1845 which enacted banishment and
branding for persons convicted of belonging to the Triad Society.
3o. Section 7 of Ordinance 12 of 1856 which allowed whipping for injury to trees, shrub fences, &c., and for obeying calls of nature in any exposed or improper place.
4°. Sub-section 9 of Section 28 of Ordinance 8 of 1885 relating to mendicancy. 5°. Section 9 of Ordinance 1 of 1886 for the suppression of piracy which
enacted whipping for offences against that Ordinance.
6°. Section 1 of Ordinance 3 of 1868 which prescribed whipping for persons convicted of child stealing or forcible detention of any man, woman or child for the purpose of selling them.
7°. Ordinance 4 of 1872 which enacted branding and flogging for criminals
in certain cases, and
8°. Section 7 of Ordinance 16 of 1875 which gave the Magistrate the power of whipping the offender once or twice for committing the following offences a second time or under aggravated circumstance, viz.:--
Indecent assault,
Indecent exposure of his person,
Assault with intent to rob,
Common assault committed in a brothel,
Common assault committed at or in connection
with any riotous assemblage,
Malicious injury to property.
13. The Commission have also heard Dr. AYRES (Enclosure 7.) and Mr. WISE, the Police Magistrate, at present Acting Registrar of the Supreme Court (Enclosure 8.) and have carefully read the several despatches which have passed between the several Secretaries of State and successive Governors of Hongkong on the subject of Gaol accommodation and penal punishments (Enclosure 9.)
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