186
SCPREME COURT, HONGKONG, 3rd August, 1848. SIR,- beg to acknowledge the receipt of your letter of the 26th ultimo, forwarding to me the statistics of public flogging by sentence of the Police Magistrates from June 1st, 1872, to the 31st of May, 1878.
I had asked for these returns in a letter of the 12th of June, for the purpose of preparing a report as to whether the discontinuance of Public Flogging had been followed by any increase of the crimes for which it was formerly inflicted, as requested by His Excellency in your letter dated April 30th ultimo, No. 327.
I have caused a return to be made of the number of the persons sentenced to be publicly flogged by the Supreme Court, and their offences, which I now append.
By this return, the first Public Flogging during the period referred to seems to have taken place in February, 1873. These two returns show that in the period between the 1st of June, 1872, and the 31st May, 1877, there were flogged publicly:----
By sentence of the Supreme Court,
Of the Police Magistrates,...
Total,..
.29 26
I have no returns of the number of persons publicly and privately flogged between June 1st, 1872, and May 31st, 1877. Ilis Excellency in his speech, however, gives the returns for 5 years from April, 1871, to July, 1876, as amounting to 1,149. It may be presumed the the numbers vary very little.
I was not at all prepared to find that out of these floggings so small a percentage had been administered in public. Indeed, I was under the impression that a Public Flogging was a very frequent exhibition. The returns furnished by His Excellency in his speech, published in the Hongkong Gazette of September 22nd, 1877, show an increase of crimes of violence from 1875, and the recent report of Mr. CREAGI, when Acting Captain Superintendent of Police, shows that the advance of crimes of the same kind had not as yet been checked.
The causes, some of which are indicated in Mr. CREAGH's report, must be sought for elsewhere, and cannot fairly be attributed to the discontinuance of Public Flogging; as the effect of a form of punishment so rarely administered (speaking relatively to the large criminal class in Hongkong), con scarcely be appreciable as a deterrent from crime.
The objection I entertain to the public exhibition of painful punishments I had the honour of expressing in a letter published, I think, in the Gazette of September, 1877, or in a separate publication with Sir J. SMALE's letter and other official documents on the same subject.
The conclusion I have come to is, that no harm can result from the entire discontinuance of Public Flogging.
I have the honour to be.
Sir,
Your obedient Servant,
FRANCIS SNOWDEN,
Acting Chief Justice.
I desire to make some reference to offences peculiarly Chinese, for the punishment of which power
is in the hands of the Magistrates to impose Public Flogging. These are:--
1. Assaults at or in connection with riotous assemblages.
2. Assaults-Indecent.
3. Assaults in brothels.
4. Assaults with intent to rob.
5. Indecent exposure of person by bathing or otherwise.
6. Malicious injuries to property.
7. Nuisances "(Obeying calls of nature on any way or in any public exposed or other improper
place to the annoyance of others.)"
8. Trees-Cutting and destroying.
9. Mendicancy.
10. Fire-Not aiding at.
and to crave reference to letters written by me to the Honourable the Colonial Secretary on the subject
of these and other offences, on the 20th August, 1862, No. 17, and 4th February, 1863, No. 4, copies of which I respectfully enclose. The opinions therein expressed have in no degree been altered as regards the policy at that period of leaving an unusual power in the hands of the Magistrates for suminarily repressing offences which were great evils to the Colony and difficult to cope with, from the peculiarity of manners and customs of the people, and especially developed in the earlier days of Hongkong being British Colony, because of the turbulence on the mainland rising from internal disorders of rebellion, piracy and smuggling by armed force, (the latter only in a small degree remote from piracy); but there is demanded froin me an expression of opinion that the evils which called for this summary power have become materially reduced, although not altogether removed from the greater knowledge of the English law possessed by the native community, the improved and stronger Police force and system, the improvement of sanitary necessities, and the comparative peaceful condition of the mainland. These combined have almost removed both the propriety and need for the maintenance of the law, and the comfortable and peaceful habitation of the Chinese community to call for the extremity of Public Flogging.
A statistical return has been prepared from the records of the Department, which exhibits very clearly the decadence in the necessity of enforcing the law in these particular points by Public Flogging, and in my opinion the total cessation of Public Flogging in the preceding six monthis ending the 30th June has in no degree increased crime.
I have the honour to be.
Sir,
Your most obedient Servant,
C. Mar. First Police Magistrate.
NOTE.-I have seen the minute on report of Mr. CREAGH calling for a return in a different form and for a longer period, this will be duly prepared and forwarded in a few days.
Return of Public Floggings ordered by the Magistrates, from 1st January, 1875, to 30th June, 1878.
1875.
1870.
1877.
1877.
1878.
1st Jan, to 20th June.j1st Jan, to Birth June.
Oct
Honourable J. M. PRICE,
Acting Colonial Secretary.
ÜFFENCES FOR WHICH FLOODING
CAN BE LEGALLY OHDENKO.
Total Number
the Magistrates.
brought before
Total Number
Flogged Publicly.
Total Number
brought before
The Magistrates.
Total Number
blogged Publiely.
.............
Total Number
brought before
the slagistrates.
Flogged
Number
Total Number
t before the Magistrates. breach
Total Number
Flogged l'ublicly.
Tetal Number
brought before
the Magistrates.
Total Number
Flogged Publicly.
REMARKS.
1873.-February 1, Robbery with wounding,
1;
11
-March -July
1. Escape, larceny, attempting to shoot with intent to prevent lawful apprehension, unlawful wounding.
3, Larceny, being armed.
1, Chik stealing.
--November 3, Highway robbery with assault and wounding.
-December 9,
Do.
1874. January 2, Child stealing.
27
-May
[No. 81.]
1, Robbery with wounding.
do.
2, Highway robbery with wounding.
1874. December 2, Forcibly detaining a child with intent tai deprive the mother of the possession ci ? said child. 1875.--September 1, Assault with intent to rob. 1876.-June 1, Child stealing,
-November 1, Highway robbery and assanit. -December 2, Robbery in a boat being armed. 1877.----April 1, Larceny with wounding.
1, Child stealing. 1, Burglary and wounding. -September 2, Highway robbery with wounding.
*
-May
MAGISTRACY, Hongkong, 11th July, 1878.
Sm,---I have the honour to place in your hands, for submission to His Excellency the Governor, the report called for by your letter No. 329 on the subject of the discontinuance of Public Flogging upon the crime of the Colony.
Assaults af or in connection with rio-1
tous assemblages, Assaults-Indecent,
Assaults in brothels.....
Assaults with intent to rob....... Indecent exposure of person by bathing
or otherwise.....
16
22
6
4
24
21
1.
18
25
Malicious injuries to property,
48
25
8 442 6 5
$4
15
26
25
ono- t-
4
8
5
13
Nuisances, Obeying calls of nature"
On any way or in any public ex-
1
2
61
87
22
posed or other improper place to
48
(a)
103
B(B)
56
15
40
(a) 1 Boy. (3.) 1 Boy.
te annoyance of others.")
Trees-Cutting and destroying, Mazdicancy,
Fire, for not siding at,*
Larceny, or any offence punishable as
Simple Larceny, committed by
Boys,t
Totals,..
00
1
169
17
210
6
218
No Flogging has becu inflicted for these offences.
96
92
+ Private Flogging only is authorised by Ordinance 16 of 1875.
C. MAY,
First Poliec Magistrate,