257
[No. 40.]
His Excellency Governor Sir Arthur Kennedy, K.C.M.G., C.B.,
to the Right Honourable the Earl of Carnarvon.
GOVERNMENT Hlouse, HONGKONG, 28th February, 1877.
MY LORD,-With reference to your Lordship's Despatch No. 100 of the 29th July, 1876, I have the satisfaction of being able, on the eve of my departure, to inform your Lordship that the questions connected with the discipline and dietary of Victoria Gaol, Hongkong, have at length been satisfactorily settled, and put, I trust, upon a basis which will eventually result in a material decrease in its inmates. The long delay which has taken place not only in the preparation of the report, but in the final adoption of the regulations and dietary scale, has been owing to the thorough and exhaustive manner in which the Commission prosecuted its enquiries in the first instance, and to the desire by which the Executive was animated to allow every variety of opinion in matters of detail to be thoroughly ventilated and weighed before finally reducing to a system the suggestions recommended by individual members
of the Commission.
*
7. With regard to the proposed Regulations, I have to observe that the power given by the 7th Regulation to the Superintendent to put his subordinates in irons appears to me wholly illegal, aud theCufliction of fines can only be enforced under pain of dismissal.
8. Rule 83, respecting the cutting of women's hair is at variance with the instructions conveyed in my Circular Despatch of the 22nd of April, 1876.
9. I disapprove the power given by Rule 90 to the Superintendent to refuse to allow a prisoner under remand or committed for trial to see his legal adviser, and the power given by Rule 93 to a Committing Magistrate or Visiting Justice to forbid a prisoner in similar circumstances from seeing his friends; and I have to refer you on this subject to my Circular Despatch of the 27th of April last year.
10. You should consult the Attorney General as to the validity of the power to administer oaths conferred by the 124th Section, and if the power is not effectually conferred by the Rule it should be created by law.
11. The Rules relating to the Turnkey's mess, I consider are out of place and should be removed. There are no rules in the proposed Code as to labour. This important omission should be supplied.
I have, &c.,
With these remarks I will leave the report of the Commission, together with the evidence taken by it, and the code of regulations and scale of dietary finally adopted by the Executive in your Lordship's Governor HENNESSY, C.M.G.,
I have, &c.,
hands.
The Right Honourable The EARL OF CARNARVON,
Her Majesty's Principal Secretary of State for the Colonies.
$o.,
FC.,
fe.
A. E. KENNEDY,
Governor.
[[No. 57a.]
&c.,
&e.,
&c.
The Right Honourable the Earl of Carnarvon to His Excellency Governor Pope Hennessy, C.M.G.
CARNARVON.
DOWNING STREET,
28th May, 1877. SIR,-I have the honour to acknowledge the receipt of Mr. AUSTIN'S Despatch No. 62 of the 28th *The Report of the Commission, together with the Regulations and Dietary Senle as approved by the Executive, appeared in the Government of March, respecting the Report of the Prison Commission.
Gazette of 10th March, 1877, Vol. XXIII, p. 116.
[No. 45.]
The Right Honourable The Earl of Carnarvon to His Excellency Governor Pope Hennessy, C.M.G.
2. You will gather from my Despatch No. 45 of the 7th of May, that as regards the discipline and dietary of the Victoria Gaol, it is my desire that more should be done than merely, "remedying "such defects in detail as were incidentally brought to light, and as were capable of immediate "amendment."
3. My desire is that you should take into your early consideration the whole question of Prison Discipline on the basis of the recommendations of the Commission, with the modifications indicated in my Despatch No. 45 of the 7th ultimo,
DOWNING STREET,
7th May, 1877. 4. With reference to Mr. AUSTIN's request that I would procure for the Government of Hongkong SIR,I have received Sir A. KENNEDY'S Despatch No. 40 of the 28th of February, forwarding information relative to the use of Cranks, I have directed the Crown Agents, to obtain such informa- the Report of a Commission appointed to inquire into the discipline and dietary of the Victoria Galtion, which will be forwarded to you by an early opportunity.
I have, &c., together with a Code of Regulations recommended by the Commission.
2. I do not gather from Sir ARTHUR KENNEDY'S Despatch what action the Hongkong Government has taken in regard to the Code of Regulations which has been drawn up by the Commission. I shall Governor HENNESSY, C.M.G., assume that those Regulations have not yet been promulgated and that it is therefore open to me t comment on them fully with a view to their amendment before promulgation.
&c.,
&c.,
&c.
CARNARVON.
[No. 72.]
The Right Honourable the Earl of Carnarvon to His Excellency Governor Pope Hennessy, C.M.G.
3. But first with regard to the Report of the Commission itself I have to observe that while I agree in the view that the dietary has hitherto been excessive, experience leads me to be cautious in adopting reductions in face of adverse professional opinion. The fact that the diet of a prisoner
DOWNING STREET, is better than that of a free labourer is not necessarily a conclusive proof that it is excessive. The
20th June, 1877. diet of the free labourer may be more ample than is strictly necessary. The human frame may le
SIR-I have to acknowledge the receipt of Mr. AUSTIN's Despatch, No. 75, of the 11th of April, able to sustain itself on less food when the man is free, than in the depressing circumstances of imprespecting certain matters of Prison Discipline. sonment. A Government incurs a grave responsibility if it reduces men to so low a condition that an outbreak of epidemic evil find them an easy prey to its ravages. Altogether the question surrounded with so many hygienic and medical difficulties, that in examining the question for yoursel I have no doubt you will exercise great caution.
2. I rely on you to review the whole question of Prison Discipline in Hongkong; and to make such proposals as will place the systern upon a sound basis for the future.
3. In the letter from the Acting Colonial Secretary, which forms the enclosure to Mr. AUSTIN'S Despatch, I observe a direction that the practice is to be discontinued of Turnkeys employing prisoners cook their meals for them and act as their body servants, "when their quarters are so situated as to necessitate the prisoners passing outside of the office gates whereby they are enabled to communi- "cate with the outside world."
4. I am not disposed to disagree with the criticisms of the Committee on the subject of Pristo Labour, and, as at present advised, I concur in their recommendation that the eight cranks now in store should be put up and made use of
5. If it is thought desirable to introduce a tread-wheel, one can be procured through the Crown Agents, and sent out to the Colony, with instructions how to put it together and use it.
4. I do not know whether any Turnkeys have their quarters within the office gates. If there are any such, then under this letter they may continue to employ prisoners as their cooks and body servants. I consider that they should not be in any better position than those residing beyond the office gates, and should provide for their wants at their own expense. If your experience of climate suggests that it would be expedient to provide them with this assistance from public sources, the boon should be applied equally to Turnkeys residing beyond the office gates, and in some form less objection- able on grounds of discipline than prison labour.
I have, &c.,
6. The Committee seem to have considered the question of the reconstruction of the Gaol up the separate system beyond the scope of their enquiries, though expressing an opinion in favour of the plan.
I consider the separate system to be the only true basis of Prison Discipline, and among Chinese prisoners there are very special reasons for its adoption. It is mentioned in the Report that few the Warders know Chinese, and the terrible outbreak in the Singapore Prison is a warning of the danger of affording Chinese prisoners an opportunity to combine. I have to request that you at once call on the Surveyor General to draw out plans for consideration showing the alterations the Governor HENNESSY, C.M.G., would be requisite and the surrounding ground and buildings,
&c.,
&c.,
&c.
CARNARVON.