viii
Enclosure No. 4.
256
[No. 51.]
The Right Honourable the Earl of Carnarvon to His Excellency Governor Pope Hennessy, C.M.G.
DOWNING STREET,
18th May, 1877. SIR-With regard to Ordinance No. 8 of 1876 on deportation and conditional pardon, als enclosed in Governor KENNEDY'S despatch No. 214, I have taken time to consider the very exceptions legislation contained in this Ordinance. The normal state of the Colony now is that of an orderly and well established society and its conditions have improved so materially in the last 20 years that the enactments which in 1857 and 1858 may have been necessary to secure the peace of the Colony a no longer required for the general safety of the residents. But I do not forget that Hongkong is placed and communication with it is so easily and frequent from Canton and other places in the Sout of China, that the Colonists are liable at any time to be inundated by the criminal classes of the main land;
and it is necessary that the Executive should be armed with special powers, to be used howeve with caution and only when avoidable, for dealing with offenders who are accused or suspected actions likely to imperil the security of the Colony. Speaking generally therefore I see no objection t continuing in the Governor's hands the powers proposed in the Ordinance for banishing, watching m controlling the criminal elements of the population of the Colony, provided these powers are exercised with due discretion; some details Nowever of the Ordinance will require further consideration.
LIGHTHOUSES.
The erection of Lighthouses round the Island commenced in 1874, but Light, Dues were only levied in 1875, The following is the Summary of Income and Expenditure :—
LIGHT DEES—INCOME,
1867,
1868,
YEAR.
Amount collected from 1875 to 18ot
LIGTHOUSES EXPENDITURE. Amonnt expended under this head from 1875 to 1881, Added expenditure, 1974,
..$113,290.21
.$53,494.69 35,110.64
Against the Colony,..
88,605.33
.$ 24,684,88
RETURN of CONVICTIONS in CASES of MENDICANCY from the Year 1867 to 1881.
PUNISHMENTS AWARDED.
No. of PRISONERS
CONVICTED.
Fined.
FLOGGED,
Deported.
Imprisoned.
21
Nil.
1
20
Nil.
NIL
Nil.
Nil.
Nil.
1869,
4
1
3
Nil.
10
7
*
3
Nil
1871,
75
*
Nil.
Nil.
75
1872,
487
4
*
Nil.
483
1874,
1873,
40
23
Nil.
8
32
245
3)
7
234
179
>"
2
8
169
414
4
408
1877.
1
168
Nil,
14
154
1878,
224
+
Nil.
8
216
95
})
Nil.
27
68
119
>>
6
75
39
27
77
3
7
67
It was pointed out in my predecessor's despatch No. 67 of the 12th December, 1870, that in the opinion, twice expressed, of the Law Officers of the Crown no Colonial law can properly author 1870, deportation to any place beyond the limits of the Colony: and the Ordinance 4 of 1871 subsequently repealed the objectionable part of the venth section of Ordinace 9 of 1857 and introduced the expression Order of Banishment. It is to be regretted that this Ordinance has abandoned that phrase and returned to the exclusive use of the word deportation: hich is liable to misconception asi 1875, implies control of the offender during a passage to a place beyond the Colony. It will be advisable to 1876, employ the term banishment, the meaning of which is unequivocal.
I have already given you directions with respect to the exercise of your powers under section 1979, of Ordinance 1 of 1860, and you will exercise the same iscretion in regard to any other Ordinance 1880, by which that section replaced.
may
be
I observe that the 10th section of this Ordinanc is new and in effect it empowers the Governo to banish any prisoner of any nationality to avoid keeping him in Gaol. The Acting Attorne General refers me to Mr. FORSYTH'S book of cases and opious at p. 463, but the passage there refers t a case where a sentence of transportation was commuted to imprisonment, and it was held invalid because the Crown has no inherent power of commuting the sentences of a Court of Justice. This i the converse, banishment in lieu of imprisonment, a princip which I see no occasion to extend, and which I allow to pass in the 7th section only on account of the peculiar condition of Hongkong. I am of opinion that this tenth section had bette be omitted.
In the 15th section the expression ours "be sent to his native place." This part of the section can apparently only be carried out by sending the mendicant under restraint to some place outside the Colony, a proceeding entirely beynd the power of the Legislature to authorize or of the Gover ment to enforce. This language wil require to be modified so as to bring it within the legislative powers of the Colony. The same bservations apply to the 16th section which enacts that lepers are to be "sent to Canton and there, handed over to the Chinese Authorities."
Governor HENNESSY, C.M,
[No. 184.]
My Loo.
c..
&e.
&c.
I have, &c.,
His Excellency Governor Sir Arthur Kennedy to the Right Honourable The Earl of Carnarvon.
CARNARVON.
GOVERNMENT HOUSE, HONGKONG, 29th Septenter, 1876.
-As various Returus may hereafter indicate a serious increase of crime in this Colony
I think it well that your Lordship should be informed of the cause of this apparent outbreak amou the population of Hongkong.
Opposition between the two lines of Steamers plying between Hongkong and Canton resulted i
a reduction of fares to the small sum of ten cents, commencing on the 7th instant.
As many as 1,800 ten cent passengers have arrived from Canton by a single boat containing corse a large proportion of Chinese vagabondism.
1881,
Magistracy, Hongkong, 11th December, 1882.
REMARKS.
II. E. WODEHOUSE, Police Magistrate.
NOTE.-There is no record of any cases having been tried at the Magistracy prior to 1867.