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MINUTE BY GOVERNOR SIR R. G. MACDONNELL.
If prisoners are willing to be marked and deported, they may be got rid of at once; otherwise no remission.
R. G. MACDONNELL.
9th November, 1866,
MINUTE BY THE SUPERINTENDENT OF HONGKONG GAOL.
F. DOUGLAS.
All the prisoners are willing to be branded.
9th November, 1866.
MINUTE BY GOVERNOR SIR R. G. MACDONNELL. To be marked and deported, as requested by prisoners.
R. G. MACDONNELL.
10th November, 1866.
MINUTE BY THE SUPERINTENDENT OF HONGKONG GAOL. Prisoners marked, and only wait the Deportation Order.
10th November, 1866.
F. DOUGLAS.
MINUTE BY THE CLERK OF COUNCILS. Order made and signed in Council on the 13th November, 1866.
L. D'ALMADA E CASTRO.
EXTRACT FROM MINUTES OF COUNCIL, 13TH NOVEMBER, 1866.
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Low A-no was brought to the Magistracy, and it then appeared that, in accordance with a system recognised by the Police and Gaol authorities, the branded man was lodged in Gaol without any intention of bringing him before the Magistrates. When the case of Low A-no was brought before me on the 7th May, it being involved with that of LEE A-CHOONG, I advised that the latter should be also charged, and he was then placed on the charge sheet. The fact of his previous character as before rated was deposed to by Mr. DOUGLAS, who also stated that LEE A-CHOONG had with others been liberated upon a conditional pardon granted by His Excellency the Governor, consequent upon an application made by the Defendant, who at his own request (in order to obtain the pardon) submitted to be branded and to become liable to be flogged 36 strokes if afterwards found within the Colony. This conditional pardon was issued one day before the expiry of the sentence of one month's imprisonment. Mr. DOUGLAS further deposed that the case of LEE A-CHOONG was precisely similar to that of many others, and that with regard to the infliction of corporal punishment upon branded offenders who were usually brought into Gaol without being taken before a Magistrate, he exercised a discretionary power, flogging or withholding the flogging, as the circumstances of each case appeared to him to demand.
The Ordinances referring to deportation are Section VII of Ordinance No. 9 of 1857, Section XXI of Ordinance No. 8 of 1858, and the Conditional Pardon Ordinance No. 1 of 1860.
I am not aware of any legal power by which branding can be inflicted or for flogging branded men simply for being within the Colony after deportation.
And the punishment for violation of the Conditional Pardon Ordinance is that upon being found within the Colony the offender shall be conveyed before a Magistrate, who shall recommit such offender to undergo the residue of his original sentence.
I have remanded the cases of LEE A-CHOONG and Loo A-Ho until the 16th May instant.
I forward copies of the previous and present depositions relative to the two Defendants for the further information of His Excellency.
It is within my knowledge that the case of LEE A-CHOONG is not an isolated one, but that many Chinese have been branded in cases in which the conditional pardon was granted, the Defendant being unable to find security.
I have the honour to be,
Sir,
[C.S.O. No. 1891.]
"His Excellency, in signing the order, states that the prisoners to be deported by it, as well as some of those recently deported, had, in order to regain their liberty and insure their not returning, petitioned the Government to allow them to be branded, and that their prayer had been complied with, by marking each with a small Broad-arrow on the lobe of the left ear."
SENIOR POLICE MAGISTRATE, MR. MAY, TO THE COLONIAL SECRETARY.
The Honourable
THE COLONIAL SECRETARY,
Hongkong.
Your most obedient Servant,
C. MAY,
1st Police Magistrate
[No. 7.]
MAGISTRACY, HONGKONG, 11th May, 1870.
SIR,--I have the honour to submit, for the consideration of His Excellency the Lieutenant-Governor, the particulars connected with a case that came before me on the morning of the 9th May instant, with the view that His Excellency will be pleased to place the same in the hands of the Honourable the Attorney General for his opinion thereon.
On the 19th May, 1868, one YEE A-CHOONG was brought before Mr. GOODLAKE charged with being a suspicious character; a statement of a hearsay character was given by Inspector DALY (see copy of case No. 2411) and thereupon the Defendant was sentenced to be imprisoned for one month with hard labour as a Rogue and Vagabond, then to be recommended to His Excellency the Governor to be deported.
This would appear to be the only conviction against the Defendant at any time, and nothing is further known about him, until on the 6th May instant the same YEE A-CHOONG was given into custody of the Police by two men commonly known as Mr. CALDWELL's informers for being a branded man, and at the same time a man named Low A-no was apprehended for attempting to rescue YEE A CHOONG.
MINUTE BY THE COLONIAL SECRETARY.
Referred to the Attorney General with the despatches on the subject. Those written by the Governor are too lengthy to copy, but are at the disposal of the Attorney General to read at this office,
J. GARDINER AUSTIN, Colonial Secretary.
11th May, 1870.
OPINION OF THE ATTORNEY GENERAL.
The Royal Prerogative of Pardon can only be exercised by the Governor on behalf of the Crown in accordance with the Powers delegated to him by the Charter of the Colony, or by his General Instructions under the Royal Sign Manual and Signet, or by Special Instructions from the Secretary of State, or lastly, by an Act of the local Legislature.
Under Article IX of the Charter of Hongkong, the Governor is empowered to grant either free and unconditional Pardons, or Pardons "subject to such conditions as by any Law or Ordinance of the Colony may be thereunto annexed."
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