No. 182.
(28)
GOVERNOR SIR JOHN POPE HENNESSY, K.C.M.G., TO THE RIGHT HONOURABLE THE EARL OF KIMBERLEY,
Government House, HONGKONG, 3rd September, 1880.
MY LORD, I have received with much satisfaction Your Lordship's decision in despatch No. 29 of the 29th of July, 1880, on a subject I felt it necessary to give some attention to for the last few years, -the treatment of criminals in Hongkong. Your Lordship's decision is that the Branding Ordinances be repealed, that Public Flogging be abolished by law, that all laws in Hongkong which impose flogging on persons of the Chinese race exclusively be repealed, that all flogging be abolished except for such offences as entail flogging in England, and that flogging on the back be abolished by law.
I have requested the Attorney General to draft the necessary Ordinances for carrying this decision into effect, and I hope soon to have the honour of submitting the drafts for Your Lordship's consideration.
I have, &c.,
(Signed)
J. POPE HENNESSY.
Governor.
The Right Honourable THE EARL OF KIMBERLEY,
Her Majesty's Principal Secretary of State for the Colonies,
&c.,
&c.,
&c.
Page 29
(29)
SCHEDULE OF ENACTMENTS REPEALED,
Ordinance. Extent of repeal. 12 of 1846. "Suppression of the Triad Society", Whole Ordinance. 12 of 1856. "To regulate Chinese Burials, and to prevent certain Nuisances within the Colony of Hongkong", Section 7. 8 of 1859, "For regulation of the Chinese People, and for the Population Census, and for other purposes of Police The words "receive not more than thirty-six blows nor less than five blows with a rattan," and "in Subsection 9 of Section 28," I of 1868. "To make provision for the more effectual Suppression of Piracy Section 9 from the words "It shall be lawful for the said Court in addition" down to the words "Governor in Council from time to the direct inclusive." Section 32. 3 of 1868. "To empower the Supreme Court to direct offenders to be whipped and to be kept in Solitary Confinement in certain specified cases”, Section 1. 4 of 1872. To make Provision for the branding and punishment of Criminals in certain cases ”, Whole Ordinance. 16 of 1875. "To amend and consolidate the laws concerning the jurisdiction of Magistrates over indictable offences and for other purposes ", Section 7. 8 of 1876. "To consolidate and amend the ordinances relating to Deportation, Conditional Pardons, the Branding and Punishment of certain Criminals ", Whole Ordinance.HONGKONG.
No. 39.
DECREASE OF CRIME.
THE RIGHT HONOURABLE THE EARL OF KIMBERLEY TO GOVERNOR SIR JOHN POPE HENNESSY, K.C.M.G.
DOWNING STREET,
8th April, 1881.
SIR-I have the honour to acknowledge the receipt of your despatch No. 14, transmitting the Criminal Statistics for the year 1880.
I am glad to notice a decrease in the number of serious crimes as compared with the two previous years.
I have, &c.,
KIMBERLEY.
Governor Sir J. POPE HENNESSY, K.C.M.G.,
&c.,
&c.,
&c.
DRAFT BILL AMENDING PENAL LAWS.
The following is the Draft Bill authorized by the Secretary of State for amending the penal laws in Hongkong.
An Ordinance enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, entitled "The Penal Ordinances Amendment Ordinance, 1881."
WHEREAS it is expedient to amend the penal laws in force in this Colony: Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof,
I. The enactments described in the Schedule to this Ordinance are hereby repealed to the extent specified in the Schedule: Provided that such repeal shall not affect the past operation of any such enactment or anything done or suffered thereunder,
II. Ordinance 12 of 1865 is hereby amended by striking out from the words "Where any person is convicted of a crime" down to the words "incapable of resistance" inclusive, and by inserting instead thereof the words "Where any person is convicted of a crime under Section 19 of Ordinance 4 of 1865 or under Section 31 of Ordinance 7 of 1865," and by striking out the words "publicly or."
III. It shall not be lawful to award any sentence of flogging on the back, and every sentence of flogging or whipping shall provide that such flogging or whipping shall be inflicted with a rattan on the breech,