CO129-193 - Governor Hennessy - 1881 [5-7]

190

NAME.

1969.

Chung A-chune,

Lee A-tong,

Chun Kom-fook..

Tang A-ling,

1869.

(18)

RETURN of Persons illegally Branded and Flogged,-(Continued).

OFFENCE. SENTENCE, DATE OF SENTENCE, Yours. Mos. Days. DATE OF BRAND- ING AND DEPORTATION. DATE OF FLOGGING Suspicious Character, Do., 6th Nov., 1868, 24th Nov., 1868, Burglary, &c., Rogne and Vagabond, 12th Oct, 18th Sept.. 29th Dec,, 1868, 7 6th Jan, 1869, 26th Aug., 1869, 6 3rd Sept.. Rogue and Vagabond, 27th Nov., 10 30 4th July, 12 13th Jan., 1+ 24th Sept., 14 Piracy and Marder, Do., 23rd Oct., 6 Bil Feb., 47 lnb May, Piracy and Robbery, Do.. 19th Sept., (900, 16 12th Feb., 15 17 " 15 " Piracy and Robbery, Do.. 29th May, 1861, شا 16 1+ Highway Robbery, Burglary, Do Piracy. 22nd June, 1864, 7 18th Aug., 1863, 7 7

Wong A-look, Lee A-ping.....

Leong A-hoen,.

Chnu A-yow, Leong An,

Yeng A-nec,

Cheong A-sing,

Kwok A-tim,

Mun A-fook,

Chinn A-cheong,

Too A-mow,.

Chun A-pet...

Wong Ke-ling,

Wong Shing,

Cheong Tuk-lec,

Chum A-sun....

Lo Wang,.

Fan A-chun,

OFFENCE. SENTENCE, DATE OF SENTENCE, Larceny, 18th Mar., 1865 Rogue and Vagabout, Do.. 20th Mar.. Larceny, 18th Apr., Pirney and Murder, 25 Larceny, Piracy, Highway Robbery, Do.,

Lai A-choe,

Leung Yun-chuni,....

Cheong A-ling,

G. Pacs,

Hu Yow-chni,

Lew A-sow,.

Chung A-fong,

OFFENCE. DATE OF SENTENCE, Suspicions Character, 26th May, 1866, : 24th Apr., 1867 19th Dec, 1861 19th Dec, 1868, 22nd Nov, 1809, 12 26th June, 17 24th Feb, 30th Dec, 15th May, Do., Larceny, 10, Suspicious Character, 31st Aug 19th Oct.. 21st Jan.. 2001 Mar., 12 27th Apr.. Bilt Der.. 11 17 30th Apt. 11 181 Aug, 1+ Do.. 27th Sept., 12 Cheong Kwon, Do., 27th Just, 富家 11th May, 1t * Do., 25th Aug, ST Lee A-yce, Wong A-woh, Low A-yow.. Iki, 23rd June, Assault, | 29th Jan, Do.. Yu A-sam, 9th Apr., 6th Nov 13th Nov., 3rd Dec., 1868, 11th May. 16th Aug. 33 17th May. 27th Aug., 27 You A-mow, 100 A-sik, Yow A-fook, Choy A-yui.. Wong A-man, Kwok A-yow, Chun A-laen, Chun A-cheong, Chun A-leong... Kee A-cheong, Low A-sing... Lee A-wun, Ho A-yow, Yeong A-lok, Chun A-sing, Chan A-tok, Ho A-yow, Low A-tuk, Wong A-sam, Chon Foo-sow,. Tang A-quon, Low A-pin, Yu Pak-foi, ... Cheong A-yee,. Lum A-fook, 1870. Wong A-chew, Wong Chok-fook, Lok A-on,.... Fong A-tai, Ng A-fook, Wong A-fat, Ng A-fat, Hoong A-lat, OFFENCE. DATE OF SENTENCE, Robbery, &c. 7th July, Do 18th Apr, Larceny, 11th June, Do., 12th July,

(19)

BRANDING AND Flogging ORDINANCE.

SIR RICHARD Graves MacDonnell, K.C.M.G., & C.B., Governor and Commander-in-Chief.

No. 4 of 1872.

An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to make Provision for the Branding and Punishment of Criminals in certain Cases.

[5th April, 1872.]

WHEREAS Crime has greatly increased since the Branding of Criminals on accepting Conditional Pardons, and since the Punishment of Flogging for returning to the Colony in violation of the Conditions of such Pardons, have been discontinued: Be it therefore enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows :-

Cases to be resorted

1. In all Cases where Chinese convicted of any crime and actually undergoing Sentence of Imprisonment, may voluntarily petition the Governor to be released on Condition that they shall be sufficiently marked or branded, to be thereby recognized subsequently, and shall also undertake to quit the Colony and not return thereto without Permission from the Governor, it shall be lawful for the Governor to order any Convict so petitioning as aforesaid to be marked and branded accordingly: Provided, nevertheless, that every such Convict so petitioning, shall state in his Petition his Willingness to leave the Colony, and, if found therein subsequently without due Permission, to be dealt with as the Law directs.

II. Every Convict so petitioning and branded as aforesaid, and nevertheless returning to the Colony, Brandod Convicts shall be immediately liable, on Recognition and Conviction thereof before a Magistrate, to undergo the remainder of his original Sentence, and also, if a Male, and, if convicted subsequent to his Return to the Colony of any Felony or other Crime, which the Court sentencing such Convict may consider to be so brutal, inveterate or mischievous as to justify extraordinary Measures, shall be liable to be once or twice publicly or privately flogged with the Regulation Instrument; Provided that, not more than Thirty-six Lashes be inflicted on any one Occasion.

III. Regulations defining the Mode of Branding under this Ordinance shall be framed by the Governor Regulations as to in Council and may be altered and amended from Time to Time by the same Authority.

Mode, of Branding to be framed by Gov. ernor in Council.

IV. This Ordinance shall not come into Operation until Her Majesty's Confirmation thereof shall Suspending Chuuse. hava bogu proclaimed in the Colony by the Governor.

Passed the Legislative Council of Hongkong, this 5th Day of April, 1872.

L. D'ALMADA » Castro, Clerk of Councils.

EXTRACT FROM MINUTES OF EXECUTIVE COUNCIL, 3RD SEPTEMBER, 1872.

Read and considered a despatch from the Secretary of State, No. 86 of the 20th June, conveying "Her Majesty's confirmation of Ordinance No. 4 of 1872, 'to make provision for the branding and 'punishment of criminals in certain cases,' and it appearing that the knowledge of the grounds upon 'which Her Majesty was advised to confirm and allow of the Ordinance should only be confined 'to the Members of the Executive Council, it is suggested by His Excellency (Governor Sir ARTHUR KENNEDY), and concurred in by the Council, that the despatch in question should not be submitted 'to the Legislative Council."

64

Date Name. Offence. of Sentence. Sentence. 21st June, 1869, 22nd June, 19th June, 28th June, 6th Dec., 1868, 15 31 17th Mar., 1869, 3 29th May., 1861, 12th Aug., 25th Fel, 1869, 27th Aug.. 18th Dec.. 16th Oct.. 19th Oct., Zudi Nov., 14 11th Apr, 33 6th Feb.. 21th Aug, 41 21st Apr., 25th Out., 15 1st Nov., 23rd Dec., " 20th Nov,, 18th July, 1864, 9th Nov. 18th Nov, 1865, 18th May, 1869, 29th Dec., 17th May, 31 14 19th May, Both Nev., 15th Dec., 11 11 8th July, 1868, 14th July, 29th Sept... Larceny, Picking Pocket, Larceny, 12th July, 1869. 17th Jan., 1870, 8th June, 1870. 16th July, 21st Jan., 19th July, 6 22nd Fru,, ++ 17 Do., 17th Aug. 6 I Do., 21st Aug., Don 26th Nov., 21st Feb., 25th Feb., 11 16th Mar., " 11 Do 7th Sept., 26th Aug.. 25th June, 19th July, " Date Name. Offence. of Sentence. 14 20th Junc, 6th May, 11 n 17th Nov., 2th Nov., A.-~(Q. 30.)

COPY OF FORM USED UNDER ORDINANCE No. 4 OF 1872.

RETURN OF PRISONERS 2 VICtoria Qaol who are Eligible for REMISSION of SENTENCES in Accordance with Ord, 4 of 1872.

LLONGKONG,

Bentene. Years. Months. Days. Strokes. Balitary Nature of 18 Date of Time Completion Nerveil. Character of half and willing Sentence By whom whilst 10 be mirked. Years. Monthis, Committed. in (incl. Case No. REMARKS.

YEAR.

NUMBER BRANDED.

NUMBER FLONGED FOR RETURN- ING TO COLONY AFTER DEPORTATION.

YEAR. NUMBER BRANDED. NUMBER FLONGED FOR RETURN- ING TO COLONY AFTER DEPORTATION. 1866, 26 Nil. 1867, 237 10 1868, 204 64 1869, 66 24 1870, 8 嘍 Total........ 620 110

Hanakona, 18th February, 1871.

F. DOUGLAS, Superintendent of Victória Caol.

The Honourable

THE COLONIAL SECRETARY,

Hongkong.

Superintendent of Victoria Gaol,

This printed form was subsequently notitled by inserting "one-Wird of sentence" instead of "half sentence."