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Lordship's opinion be inflicted at the arbitrary will of the magistrate, unless the nature of the crime of which the prisoner has been found guilty furnishes some evidence of his being a hardened and depraved criminal, and was such as to merit that punishment at the time of his conviction. I am to add that in all cases the offences to be punished with flogging should be distinctly stated, and rules for the infliction of the punishment be laid down in an ordinance to be enacted for the purpose.
The Officer Administering the Govt of Hongkong
MINUTE
MAY
Mundell 15 Willard Plant 16 Sir Robert B. L. M. Fingerson
Earl of Kimberley 18
18 May 1871
I have to acknowledge the receipt of your despatch No.63.
See 982 5830 April 11.1872.
2: 20 of the 6th Feb ? respecting the sale of the Colonial Steamer "Victoria". This despatch enters into the questions of the prevalence of criminality in Hongkong.
The referred to and treats of the legality of the punishment of branding and flogging. These latter subjects will receive my careful consideration.