L Mr
Lately the scheme is much: a libelien
is carried out by that constable putting the man on board the Canton Steamer at the moment of her departure & leaving him there.
This practice rids the Colony of a number of bad characters, & helps to preserve it from being overwhelmed by a flood of rascals from the South China: but it is a strong measure, and now law has now come under the notice of the Office, it should be considered whether any alteration should be determined. It should be borne in mind that when there are companies now competing for the Canton traffic, there are immense passenger movements: the two boats bringing down 1000 to 1500
The last
Whinese in one day: while the regular passenger junks carry many persons to & fro: There is therefore hardly any difficulty for the Chinese Criminal classes to reach the colony, as English punishments are greater hardships to them than to Chinese, and a sentence of imprisonment often is so great a hardship to them. This exceptional condition may justify exceptional measures like the present; and long continued withdrawal of these measures would at once increase the number of prisoners in the gaol, and also considerably add to the work of the Judicial Establishment, and possibly necessitate extra Judicial expenditure. I am bound to
regret them
The Government granting returns of the number of persons banished under them: with the
Section 6. subjects a man
to imprisonment if he returns
after being deported - This is a necessary sanction to the fundamental provisions.
Section 7. Imposes on The Governor to pardon
on Conditions
of file; a provision which Mr Hennessy has been told to use only in case
of Chinese criminals; the Governor should also be told only to exercise his powers under section 5 in case of Chinese: but I would not limit the terms of that Section 5; there might be difficulties about Canton emigration for which such a power might be useful as a summary way of dealing with cases of other
nations.
8,9 have been recently discussed & approved of
Lord Kimberly: & I presume will be allowed to remain
10 is new: if limited to Chinese Criminals I would perhaps pass it, but I do not think it is a section which is necessary: it in effect enables The Governor to turn any criminal adrift,
on condition that he
does not return in four years, so as to avoid expiring his term in gaol. The authority referred to in Mr. Meigh's Minute p. 463: but that passage deals with a man whose sentence of Transportation was commuted to imprisonment, and it was held to be bad because the Crown has no power to commute the sentence of a Court of Justice: this is a converse case, banishment in lieu of imprisonment: for which legislation is necessary if the power is to be exercised. I doubt whether it should be given to the Governor to pardon, or remit sentences for this or any other special