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[No. 4.]
POLICE COURT, HONGKONG,
190
Return of Public Floggings ordered by the Magistrates, from 1st of June, 1872, to 31st of May, 1877.
4th February, 1863. * SIR,--An Ordinance being now before the Legislative Council to amend Ordinance 6 of 1862, we have the honour to place before you, for submission to His Excellency the Acting Governor, the following observations relating to the said amendment.
1st. The offences of embezzlement and obtaining money or goods by false pretences are not included in the class of offences punishable summarily by the Magistrates, and it not unfrequently occurs that petty cases in which the broad distinction of each offence is clearly marked come under notice and which, it appears to us, would be sufficiently punished by the powers given to the Magistrates An exception can be made with regard to the more serious class of embezzlements (as excepted in the repealed Petty Sessions Ordinance.)
2nd. The general term "Larceny" is used in the amendment, and a question may arise if this term would include compound larcenies as larceny from the person and larceny from the dwelling
house.
3rd. It appears especially desirable that similar power should be given to the Magistrates (as is given in England by the Juvenile Offenders Act, 13 and 14 Vic., cap. 37) to award the punishment of fogging to boys under the age of 14 for the offence of larceny, in lieu of or in addition to imprisonment 4th. It also appears to us that it is eminently desirable that the Magistrates should have the power of awarding the punishment of flogging in addition to imprisonment to male offenders committing larcenies of an aggravated character, as exhibited in letter from this Department No. 17, dated 20th August, 1862.
5th. The subject of deportation seems deserving to be brought under consideration. At present deportation of mendicants and persons dangerous to the Colony is effected--the first mentioned under Ordinance 7 of 1859, and the second under Ordinance 8 of 1858, sec. 21 and Ordinance 9 of 1857, sec. 7. Under the repealed Petty Sessions Ordinance 1 of 1849, sec. 14, power was given to that Court to deport mendicants and persons convicted of felony, &c.; the provisions of this section very much simplified and facilitated the administration of justice and always worked well.
We consider that were the same powers placed in the hands of the Magistrates, it would have a beneficial tendency.
We have the honour to be,
Sir,
Your most obedient Servants,
C. MAY,
Jous C. WHITE,
OFFENCES FOR WHICH FLOGGING CAN BR LEGALLY
ORDERED.
Assaults at or in connection with
riotous assemblages........... Assaults,decent..... Assaults in brothels... fedecent exposure of persen by
bathing or otherwise, ... Melicious injuries to property....... Nuisances, Obaying calls of nature on any way or in any public exposed or other im-
others,").
sins with intent to roh, ..
proper place to the annoyance of heating and destroying. Medicancy,
Fire, for not aiding at,
larceny, or any other offence punistible as simple larceny,
tommitted by boys,
TOTAL
From 1st June, From 1st June, From 1st Jans, From 1st June,
From 1st June,
1872, to 31st May, 1873, to 31st May, 1874, to 31st May, 1875, un 31st May, 1876, to 31st May,
1873,
Total Number
brought before
the Magistrates.
Total Number
Flogged Publicly.
Total Number
brought before
the Magistrates.
1874.
Totul Number
1875.
1876.
Flogged Publicly.
Total Number
brought before
the Magistrates.
Total Number
Flogged l'ublicly,
Total Number
brought before
the Magistrates.
Total Number
Flogged Fublicly.
Total Number
ཤཱ ག ུ འ ཤཱ
2018
13
44
8
68
48
G
48
30
25
1
15
1
15
47
29
392
275
31 978
606
ໄວ້
86 295
LE
1877.
at before
tan Magistrates.
ུ་ླ་ ླ
Totul Number
Yearly Average
of Five years.
Total Number of Crimes
brought before the Magistrates
Flogged Publicly,
Avineser
Average Number
Flogging.
of Public
from Ist
Jane, 1877,
to 31st
May, 1878,
13
21.60
0.4
5
6.40 82.20
0.2
0.6
3R
0.08
0.2
27
1
28.40
0.2
22
81
1
22.40
0.2
92
55
114
430
#
**- 22
36.60 0.8
52
61.44
2.8
320.00
79 987
:
180
I
382
18
528
6
697
5
028.06
5.2
512
* Private Flogging only is anthorised by Ordinatee 16 of 1875,
Magistracy, Hongkong, 23rd July, 1878.
C. V. CREAGH,
Acting Police Magistrate.
It is evident that, judging from the number of cases brought to trial, no increase has taken place.
C. V. CREACH, Acting Police Magistrate.
25th July, 1878.
To the Honourable W. H. ALEXANDER,
Acting Colonial Secretary.
[No. 30.]
Police Magistrates [No. 164.]
MAGISTRACY, HONGKONG,
8th July, 1878.
SIR-In reference to your letter of the 30th May last, I have the honour to enclose, for the information of His Excellency the Governor, a table shewing the total number of offences for which the Magistrates are empowered to flog, which have been adjudicated upon during the last three years in this Court, and also the number of cases in which Public Flogging formed part of the sentence.
The last two columns of the return shew the total number of such offences brought to trial during the first half of 1877, while Public Flogging was still in force, compared with the total for the corres ponding months of the present year, after its discontinuance.
The total of the first of these being 96, compared with 92 the total for the first half of the present year, it is evident that, judging from the records of this Court, no increase has taken place in the crimes. referred to, since the abolition of Public Flogging.
The Honourable J. M. PRICE,
Acting Colonial Secretary,
&c.,
fe.
I have the honour to be,
Sir,
Your most obedient Servant,
C. V. CREAGH, Acting Police Magistrals.
VICTORIA, HONGKONG, 18th July, 1878.
Sm-In reply to your letter No. 331 of 30th April, 1878, I have the honour to forward a return of certain offences reported to the Police from June 1st, 1874, to May 31st, 1877, and from June 1st, 1877, to May 31st, 1878; the punishment for which might be Public Flogging.
2. Ordinance 12 of 1865, authorises the Supreme Court to order the Public or Private Flogging of any male person convicted of a crine, who at the time of the committal thereof shall have been armed with any offensive weapon or instrument, or who at the time of or immediately after the commission thereof shall have wounded, beat, struck, or used any personal violence to any other person, or who shall at any of the times aforesaid by any means whatsoever have attempted to render any person insensible, unconscious, or incapable of resistance.
3. The returns of this Department are not made out with reference to the punishment, actual or possible, of offenders; but are confined to the mention of the alleged crime and the fact of the conviction first reported to the Police, and when afterwards investigated at the Courts, often differ materially. or the discharge of any prisoners, and to the enumeration of all cases reported. Thus the facts as when
daily reports. To make up the return now called for has involved the perusal of some 9,000 pages of manuscript
4. Besides the offences subject to the provisions of Ordinance 12 of 1865, Public Flogging can be inflicted for kidnapping children, but as only males can be flogged, and this is an offence in which women often are culprits, it is obviously impossible to say, when no arrest has been made, whether or rot the offender was liable to Public Flogging, I have therefore omitted cases of this class.
5. Similarly with regard to cases committed a second time or under aggravated circumstances, for which Ordinance 15 of 1875, § VII, authorises a Magistrate to order Public Flogging, viz.:-
(a.) Indecent assault.
(b) Indecent exposure of person.
(c.) Assault with intent to rob.
(d.) Common assault committed in a brothel.
(e.) Common assault committed at or in connection with any riotous assembly.
Malicious injury of property.
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