189
[No. 17.]
POLICE COURT,
20th August, 1862. SIR-I have the honour to report, for the information of His Excellency the Administrator of the Government, on the subject of how far, in my opinion, corporal punishment is fitting and needful to the treatment of Chinese offenders in this Colony.
It is necessary to state some peculiarities with respect to crime, and criminals, and the temptations and facilities for the commission of crime, which distinguishes "Hongkong" from most British Colonies, in order to exhibit foundations for the firin opinion I have formed on the subject.
Y
8th.
Assaults with lethal weapons in brothels.
Keeping or frequenting gaming houses.
Exposure of person.
Indecent assaults on women.
Assaults with intent to rob (especially on drunken Europeans.)
Malicious injury to property.
Riotous asseinblages.
Destruction of shrubs and trees on public roads.
As these ennumerated misdemeanors have a particular Chinese character attaching to them, which should be known in order to understand their dangerous significance, I beg to attempt to give a summary of their peculiarities; there are, however, so many strange inconsistencies and anomalies in
1st. The proximity of this Colony to the settlement of Macao, the City of Canton and other large Chinese Cities affords opportunity for a constant influx of the vagabond classes to Hongkong for purposes of plunder. Robbers and other offenders are driven from their native places, and fly to this Colony, where they are unknown, in order to pursue their plundering avocations, the Police have in: consequence to cope with an ever changing class of thieves and vagabonds, who certainly would flotion hereinafter given as regards public gambling and assaults in brothels. In all large Chinese cout- here in greater numbers if not restricted by the dread of suffering physical pain.
2nd. The general apathy shown by the Chinese Community with regard to the prevention or detection of crime, throws all the burden of that duty on the Police, which, composed as it necessarily is of natives of India and Foreigners unconversant with the Chinese character, gives a wide scope for the commission of offences. In most civilized countries the public hand is raised to assist in carrying out the law, but unfortunately it is not so in Hongkong.
the Chinese character, that it is almost impossible to convey a comprehensive view in a brief form.
9th. There is one characteristic of the Chinese necessary to mention in order to aid the explana-
munities there is a class of vagabond significantly termed "Loe-Kai" (black legs) or "Lan-Chi” (broken means men) who are of irregular life and mostly subsist by their evils, many of them are professional gamblers, they are partisans in quarrels and are supported and tolerated as a necessary evil, they attach themselves to particular localities and engage themselves to defend their own district or class or those that will pay for their services, they are the recognized bullies of the place.
10th.
In all feuds, gambling house fights or disturbances in brothels, these men come prominently forward. There is also the accompanying evil that these vagabonds provide themselves with lethal 3rd. The humane system of English prison discipline, so opposite to the cruel and oppressive weapons, such as iron rods, or iron fighting implements, with which deadly blows are inflicted. character of Chinese gaol management, renders some punishment beyond that of imprisonment à positive
Public gambling is as pregnant of evil to the Chinese as drunkenness is to Europeau com- necessity to the Colony. It can readily be understood that imprisonment with hard labour in the Gaolmunities. It possesses a power of fascination over the Chinese generally, which renders it the greatest of Victoria, wherein the prisoner is better fed, better and cleanlier clothed, better lodged and less public evil in the Folony. It is the chief inducerent to the commission of robbery, leads to frequent worked (inasmuch as he has rest on the Sabbath) than the honest artizan or labourer, would scarcely riots, and occasionally to loss of life. operate as a prevention of crime, and this more especially when such imprisonment carries with it very little of the shame and disgrace attaching to it, as in England, the prisoner comes from Gaol and consorts with his former associates or fellow workmen more as if he had suffered from misfortune than that he had received the due penalty for committing a crime, this is especially the case even when comparison with the Chinese mainland, as the Chinese Community of this Colony is a composition from all quarters and the majority of them of a low type.
The keepers of gaming houses carry on their plans in an organized form; they employ touters and doorkeepers and are lavished with funds for bribing Police subordinates or others in order to obtain protection or gain information of intended interference of the law.
To abolish public gambling altogether is scarcely to be expected, but to strive to the utmost to ppress it, to stigmatize with the disgrace of corporal punishment, and to pursue it with the utmost rigour of the law, is, I respectfully yet earnestly submit, a duty to the Chinese Community. Whatever mount of limit or restriction is obtained over public gambling is a certain amount of good gained.
11th. Disturbances of Chinese in brothels.It is a custom of Chinese brothels, that persons may
4th. The facilities for the commission of robberies is great, as property generally is ill-secured and it is especially necessary to note that women of all classes appear in the streets wearing gold or silver ear-rings. hair ornaments, bangles, &c. they have no covering for the head and their ornamentaisit them and be welcomed and supplied with tea and tobacco without expectation of payment. This are easily detached.
The cost of living of a labouring man is about two shillings a week, consequently the exposure valuable articles is a great temptation to the labouring classes, the majority of whom are not restrained by any innate principles of integrity, but are honest simply because they fear the punishment fu dishonesty, this renders it necessary to have a deterrent punishment, which simply imprisonment most assuredly is not.
custom, especially with the vagabond classes mentioned in paragraph 9, is abused to the annoyance of the inmates of the brothels; if not treated with the accustomed civility, these vagabonds proceed to destroy property, a fight results, and much mischief is done before the Police arrive, and unfortunately those principally implicated generally make their escape. This asserted breach of civility also often leals to malicious destruction of the clothing not worn, and bedding of the females, by secretly cutting them, or throwing corrosive liquid over them.
12tb. Indecent exposure of person.-The domestic habits of the Chinese are dirty, and in one 5th. It has become known to me from experience, that Chinese offenders have a wholesome dread particular respect indecent. Inasmuch as no convenience of privies is made for other than women in of flogging, and that imprisonment is not regarded with apprehension. I have often become aware the Chinese dwellings, the men are necessitated to seek necessary accommodation abroad, public privies are prisoners would rather have a long term of imprisonment, than a much shorter period with the in existence, but unless stringent regulations were enforced, the road side would be considered as a accompaniment of flogging, in fact corporal punishment is the only efficacious method of restraining fitting place of convenience, to the readily understood annoyance of all other than native residents. crime, especially such offences, as robberies from the persons of women, children or drunken persoas 13th. Riotous assemblage.-Feud fights, arising from district or clan feeling, are of annual and with regard to this class of offences, I look with some apprehension upon the restriction of the powe occurrence, and are most violent and savage in their character; they arise suddenly from trivial causes, of Magistrates to inflict flogging only on conviction of a second offence.
frequently having their origin in gaubling quarrels, they seem to spread over the entire City almost the same time, and when quelled by the Police at one quarter, to start up in another; in these tights all descriptions of weapons and implements are brought into use, wound being inflicted and occasionally loss of life occurring.
There is always difficulty in these cases in obtaining reliable evidence, because of the strong partisan feeling evinced.
6th. The foregoing remarks apply to felony, and I beg respectfully to express my firm conviction that it is advantageous and necessary for the public weal that Magistrates should have the power inflicting corporal punishment therein. I am assured that the withdrawal of this power would tend a great increase of crime and the necessity for an enlarged Guol.
to
7th. With regard to misdemeanor, although the Ordinance is wide in its appearance, I am satisfied that in careful hands the power is not too great, especially when it is borne in mind that corpora punishment can only be inflicted for a second offence.
I also respectfully state, for the information of His Excellency, that the Magistrates exercise th power of flogging in a careful and guarded manner, reserving this punishment for the hardened offender or such as are guilty of some violence, brutality or outrage, which distinguishes their cases from th common description of offences, or mode of committing offences.
There are some misdemeanors, which I beg to indicate, so productive of evil to the community
at
In conclusion, I respectfully and strongly reiterate the opinion I have bereinbefore expressed, that corporal punishment is absolutely requisite for the well being of this Colony.
I have the honour to be,
and their suppression so earnestly to be desired, that I look upon the power of inflicting corpora To the Honourable W. II. ALEXANDER, punishment as a great boon to the Colony, viz.:-
Acting Colonial Secretary.
Sir,
Your most obedient Servant,
C. MAY, First Police Magistrate.