&
48
THE HONGKONG WEEKLY PRESS AND
FLOGGING IN VICTORIA GAOL.
estimate of its cost are not at hand, and as it will probably be several years before such works will be undertaken, I merely place the outline of the project on record.
USE OF SEA Water for CERTAIN PURPOSES. During recent years many seaside towns have adopted a dual system of water supply. using sea water for watering the streets, flush- ing drains, fire service, &c.
In considering the foregoing, the practicabi lity of adopting such a system for the City of Victoria has not been lost sight of, and though the use of sea water, favours deposit in sewers, ita adoption for street watering has advantages over, the use of fresh water and may with advantage be used in comparatively level
ocalities.
Any project for the utilisation of sea water for such purposes in the City of Victoria owing to the varying elevations of the built area, viz., from practically sea level to 600 feet above ́ses level, must necessarily involve the installation and maintenance of pumping machinery and to those used for the water supplied for potable the construction of service reservoirs in addition
purposes.
It would further be necessary to lay through ont the City a separate system of distribution mains and hydrants.
The report of the Committee appointed to inquire into the question of flogging in Victoria Gaol was laid on the table at the last meeting of the Legislative Council. The Committee consisted of Mr. Sercombe Smith, Acting Paisne Judge, Hon. W. C. H. Hastings, and
Dr. J. M. Atkinson.
The first part of the report deals with the rules relating to flogging, which are ambiguously expressed, and it is recommended that they
be redrafted.
CASES OF PRISONERS 528 and 704. Paragraph 6 deals with these cases. The first and second sub-paragraphs enumerate the certificates connected with the case.
(i.) The original medical certificates given in the cases of prisoners Nos. 523 and 704 by the Gaol Surgeon and passing them as fit to receive the floggings to which they had been sentenced are appended and appear to be in order..
(ii) In Appendix IV. will be found cer- of (a) the Medical Officer's report on passing tified copies put in by Mr. Lethbridge
these prisoners for labour; (5) their medical history; (c) the evidence taken before the second floggings were inflicted; and (d) extracts from the prison punishment, book.
(iii.) Prisoner No. 528 was fogged with six strokes on 21st April after repeated refusal to labour. After the flogging he was relieved
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thus exposing themselves infection and the want which deprives the patients of
[July 16, 1896.
THE GENERAL QUESTION OF (1.) Floggings may be ordered Justice or by the Superintendent. or by him in conjunction with a Visiti
(ii.) In Appendix VII. will be found tion of the law which confers on the and Magistrates powers of ordering By rule 274 of the Prison Rules and Regal tions published in Government Gazette of 31st October, 1891, the power of the Superintend alone to order flogging for certain offenc limited to twelve strokes, and by rule 275 conjoint power of the Superintendent Visiting Justice to order flogging for the offences, if occurring in a graver form, is limited to thirty-six strokes in the case of an adult and twelve strokes in the case- juvenile.
(iii.) All floggings must be administered on the breech with a rattan of an approved pattern.
which are as follows:-
(iv.) Two rattans are in vogue, particulars of
Weight. Length. Cironm...-
46 in. 35
ference: 14 in. 20
·Rattan for adults .....4) oz. Rattan for juveniles 24 (v.) Floggings are administered by-two European officers of the Gaol staff selected for
The cost of such a project would not compare favourably with those gravitation projects put forward in this report, and, consequently, I am of opinion no such project should be from work for four days and then placed on. the purpose, and we have no reason to take entertained so long as a supply of fresh water sufficient for all purposes can be obtained at a reasonable cost by gravitation.
EXPENDITURĘ.
Expenditure-The following is a summary of the expenditure on the water works for the City and Hill District since the year 1860- 1860 Mr. Rawling's Project 1826-71 Mr. Wilson's Project, ...
1876 Pokfoolum Conduit
1883-89 Tuitam Project
..
1889 Pokfoolum Filter Peds, &c,
1890-92 Distribution
1891 Peak Water Works
1893-95 Distribution Works
1895. Taitum Extension Works Further Expenditure to complete works
in hand
reduced light labour for a fortnight. He was subsequently put back to No. 1 hard labour, but refused to carry stones--an offence for which he was sentenced, after à joint inquiry by the Superintendent and a European Justice of Peace, to receive twenty-four strokes.
exception to the manner in which these men perform their disagreeable duty.
(vi.) We are deeply impressed with the necessity for vesting the Superintendent with independent powers of flogging for the reasons. "subjoined -
(a) Because prompt punishment is, in our experience, the most efficacious' way of dealing with Chinese.
(b) Because there are but few, if any, persons of leisure in the colony to whom resort could be had on every occasion on which it it might be necessary to inflict a flogging. Becange it would be an undue hardship upon busy commercial men to require their attendance at a fixed hour every day-a8 might be the case to inquire into the conduct of, and to inflict punishment upon, prisoners.
(iv) There is no reason to think that the $ 170,000 Mutical Officer did not conscientiously believe
225,937
that this prisoner was fit to receive the corporal 62,091
punishment to which he was subjected; and we 1,247,474
are satisfied that sufficient time had elapsed to 87,43!
allow the injurious effects of the first flogging" 164,024
32585 to disappear before the second flogging was
6516 sanctioned; that every medical and surgical (c). 37,45% attention was paid that, under existing arrange- ments, could be paid after the prisoner had 59,489 been flogged the second time; that his wounds were dressed upon his being discharged from Total, ...82,033,000 gaol notwithstanding the doutrary statement Estimated expenditure on proposed works of the prisoner himself, and that the aggravated │(d) Works immediately reqnired:
$200,000 | state of bis wounds when he was admitted Additional reservoir at Pakfoolum, &c. 250,000 int. the Tung Wa Hospital on 13th May Kaising present reservoir embankment at
might to some extent be due to his own acts Pokfoolom
35,000 after leaving the gaol. 18,00 140,000 H6,00 (0,000
$819,0) From the foregoing it will be seen that the present works, though deficient in filter area, involved a capital expenditure of $760,370 per million gallons supplied per diem The capital expenditure per inillion gallons supplied per diem on the completion of the works immediately necessary will be $722,812, and the capital expenditure per million gallons supplied per diem on the completion of the gravitation works proposed will be $718,000.
Catchwater Pokfoolum
Reservoir Taitam Site No. 1
2
11
11
++
3
11
11
+1
11
Total.
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.
rofugal
to
(†)
(v.) As regards prisoner No. 704 who died on ↑ (e) the 2nd June in the Gaol Hospital of sep- ticumia due to wounds caused by flogging we find that this prisoner was flogged on 18th May --a woek after admission into gaol with six strokes for repeated labour; that he was relieved from work for, three days; that he was then put on No. 1 hard labour, which he refused to do; that on the 25th May he received twelve strokes, after enquiry by the Superintendent and a Chinese Visiting Justice, for such rofusal, and that he was admitted to hospital on the 27th May, suffering from a gluteal abscess.
(vi.) We absolve the Medical Officers con- It seems probable that when the works now
cerned in the treatment of this prisoner from blame for the fatal result of the cRSO. We in progress which are chargeable to the loan are complated, there will be a balan: e of $300,000 believe that the Medical Officer carefully satisfied himself to the best of his ability of the to meet further expenditure on waterworks fitness of the prisoner to undergo a second flog in the City and Hill District.
The annual revenue derived from the water-ging within a week of his first flogging, and that works in the City and Hill District, after de- it was not within the prescience of the Medical dubting the cost of maintenance, is estimated at Officer that either a ginteal abscess would form not less than $60,000, and there was at the end or that, upon its formation, blood poisoning In our opinion the flog- of 1895 a balance to the credit of the Water would supervene, account (Section 16, Ordinance 16 of 1890), ging was not the causa proxima, but merely after crediting it with the expenditure on works the rausa remota of the death of the prisoner. · chargeable to the loan, of $105,272.07.
·
(g)
(h)
Because it would not be satisfactory on obvious grounds, that the services of an Official Visiting Justice should be sought to assist a brother officer in assessing the punishment for a prison offence. Because, owing to the large number of com
mitted offences which incur flogging, it would be most inconvenient to adopt the English practice of holding over inquiries till the weekly visit of the Justices, which is in the nature of a surprise visit. Because, if the practice of holding over the cases were adopted, the check on prison officers supposed to be exercised by the visit of the Justices for the week would vanish, and because the inquiry would consume the better part of a working day. Because it is dangerous, in dealing
Asiaties, to give them grounds for thinking that any officer has incurred the displeasure of his superiors: better dismiss the officer and maintain a wholesome system than retain the officer and weaken his position by abandoning that system.
Becunse, if the power of flogging vested in the Superintendent is not maintained, the Chinese will erroneously ascribe the onr tailment or abolition of the power to their past persistent refusal to labour, and willi persist in refusing to labour in the future in the hopes of again obtaining an ame- lioration or repeal of the punishi - which they would be subject. * (vii.) Had abuses resulted from possessed by the Superintendent, we thi highly probable that such abuses would attracted the attention of the weekly Justices; but we are unaware th or comment by them on the su
(vii.) Whilst strenuo
(vii.) Whilst upon these two cases the Com Under these circumstances, there appear to mittee beg to direct attention to (a) the small be ample funds available to meet the expendi- percentage of gluteal abscesses resulting from a tare at present required, and the further. ex-flogging; (b) the case of prisoner No. 704 penditure proposed will be more than met by being the only known instance of death the annual balance accruing to the Water supervening within a month of a flogging, which seems to point to another cause than account.
that of the flogging as the cause of death ; (c) the overcrowded state of the gaol hostion of the present po pital, which increases the chances of contagion in respect to flogging and infection and predisposes especially to substitution of septic infection; (il) the fact that the Chinese mend that an exp prisoners lie on the four of the hospital, be made, as we
From Japan papers we learn that the Mitani Bussan kaisha has decided to establish a branch at New York and that the manager, Mr. Iwahara was to leave for his post on the 10th