Extract
t from Statement of His Excellency the Governor in Legislative Counail, 6th November, 1879. on
Deportation.
90
!
I
It was
I am happy to say I did find in Hongkong a safer guide in dealing with questions affecting the Administration of Justice, for I consult, not only my Executive Council, but I think it proper, to pay some regard to the views expressed by the Chief Justice. And I may say this, that I have never met any Chief Justice, in the Governments I have been administering whose public expressions of opinion--- say nothing now of suggestions received from him privately-I think deserving of more attention than those of Sir JOHN SMALE. And therefore in sending to the Secretary of State one of these very cases, I thought it my duty to call the attention of Lord CARNARVON to the observations of the Chief Justice with respect to Deportation. What did his Honour say He said "This Deportation Ordinance was passed in a season of panic.
an extraordinary Ordinance and must be construed with extraordinary caution." Was I to neglect that advice, given from the Bench a few weeks after I arrived in the Colony? More than that, he pointed out-which really is a matter I am bound to consider for other reasons-the political consequences of deportations pursued, as the Honourable gentleman (Mr. KESWICK) no doubt would wish to have it pursued in all ordinary cases His Honour said-"What about our treaties? If we take to -its political consequences in China. deporting criminals are we acting in accordance with the treaties? The result may be that we shall And the Chief give a ground to the Chinese Government to deport British merchants from China.” Justice made other remarks, all of which I thought of importance, and all of which I ventured to commend to Her Majesty's Government. Was I justified, after that, in dealing with deportation otherwise than as an exceptional matter? The difference, after all, between the Honourable gentle- man and Mr. Lowcock and a few who agree with them and myself is only this: that I said that deportation should be regarded as an exceptional measure and should not be regarded as an ordinary mode of punishment; whereas I understand there are gentlemen in Hongkong who would wish to flog, brand and deport all Chinese prisoners. I prefer to deal with the Chinese prisoners according to law and in accordance with the advice of the Chief Justice, my own opinion, and the instructions of Her Majesty's Government.
These despatches have been laid before Parliament. Other despatches on this subject are also in All the minutes in the cases to which the Honourable the possession of the Secretary of State.
What conclusions, so far, have gentleman has referred have gone home to the Colonial Office long ago. Her Majesty's Government arrived at? As late as the 9th July, 1879, Sir MICHAEL HICKS-BEACH says I concur with you in thinking this form of punishment should be regarded as of an excep- tional character and not to be employed in ordinary cases."
But there is something more in this question than the mere fact that there have been illegal punishments, and an attempt, which has failed, and will continue to fail, to coerce a Governor into carrying out illegal sentences; something more than the advice of the Chief Justice or the resolutions of the Executive Council, and it is this, which I have never disguised in this Council, that on the manner of conducting deportation and dealing with prisoners and the remission of sentences will I have told Honourable greatly depend the condition of your gaol and the suppression of crime. gentlemen we have a thousand less cases of crime this year, and that the Inspector's report favourably as to the effect of the increased night duties of the Police Force on the prevention of crime. That I regard as the most important matter, but there is another point of special interest to the Chief Justice. I had not been many days in the Colony when I learned from him that during the Government of Sir HERCULES ROBINSON he knew, when he sentenced a prisoner, what was to be the duration of that sentence, but that since then (until my arrival) he was no longer certain as to the duration of the sentences he passed on criminals. The Chief Justice might give a desperate criminal nine years, and in the days of Sir HERCULES ROBINSON that man would have had to serve two-thirds of his time, but after Sir HERCULES ROBINSON left another system was introduced, without the knowledge or sanction of Her Majesty's Government, whereby prisoners got a remission of their sentences after serving only one-half. Nor is that all. During the absence of my Honourable friend (Mr. TONNOCHY) it was not a question of half, but prisoners were being liberated who had served only one-third, and I hold in my hand papers on the subject, dated January, 1877. It is the first time the Chief Justice has seen them. The first application of this kind I got was in June, 1877, and that I directed to be at once referred to the Chief Justice for his opinion, and I find that the Chief Justice took, in his minute, the very point I had taken in a despatch to the Secretary of State when I reported the fact that there The Chief Justice were 33 prisoners liberated on one day in January or February before my arrival. had not been consulted about these cases, and the men were let out after serving one-third of their term of imprisonment.
Honourable W. KESWICK.When was that?
Here
Ilis EXCELLENCY, This was Timmediately before I arrived. In January, 1877, the recommenda- tion was made to let all these people be deported. In February the warrants were made out. is one man, IP A-rook, for burglary and larceny, had been sentenced to three years' penal servitude : character in gaol, "very bad."
And that man is liberated, deported, after one year and three months.