S. As the provision of adequate Gaol accommodation in this Colony hinges entirely on the system followed in the punishment of criminals, the Board have come to the conclusion that the two questions cannot be dealt with separately, and they find themselves unable to submit any recommendations in respect of Gaol accommodation, provisional or permanent, without entering at considerable length into the larger question of the present treatment of the criminal classes. But this question is one of such grave importance to the community, that the Board take upon themselves to recommend that it should be referred for investigation and report to a much larger and more influential Commission than the Board as at present constituted.
9. In the belief that this would be the more adequate and satisfactory way of dealing with so important a subject, the Board now limit their observations to the few practical suggestions for immediate relief set forth in paragraphs 6 and 7.
(C. in Enclosure 2.)
Minute by the Clerk of Councils.
J. M. PRICE. W. KESWICK. A. GORDON.
On the suggestion of the Honourable the Surveyor General (Mr. PRICE) these papers are considered in Executive Council this day.
The Council advise that the Board appointed to report on this question should consist of a larger number of persons, and advise therefore the appointment of the Committee mentioned in the annexed minute by His Excellency the Officer Administering the Government.
To be brief, I am against Flogging with exception of for offences enumerated under section 19 of Ordinance 4 of 1865 and section 31 of Ordinance 7 of 1865 and section 8 of Ordinance 16 of 1865 and for returning from banishment.
I am of the opinion, as already expressed by me at the earlier meetings of the Commission, that if the punishment of depriving a Chinaman of his queue was to be put into force it would act as a greater deterrent than Whipping. I look upon this mode of punishment in a far more serious light than apparently some of the other members of the Commission, and I may add that several respectable Chinamen with whom I have conferred upon the subject fully agree as to this mode of punishment in preference to Flogging.
I would not inflict it until a man had received fair warning say for second offence, and in cases of first offence of petty crime, give short terms of solitary confinement on sparse diet without the option of a fine.
A few examples of depriving Chinamen of their queues might have to be made, when I believe that instead of two hundred and seventy prisoners being confined for petty offences as at present this number would be very considerably reduced.
As regards increasing the discretionary power to punish, of the Superintendent of the Gaol, I am of opinion that this should be granted, but that before acting he should be requested to consult with at least one Justice of the Peace.
In all other respects I agree with the Report.
To Honourable E. J. ACKROYD,
Chairman,
GAOL COMMISSION,
I am, Sir,
Your obedient servant,
A. P. MacEWEN.
April 7th 1886.
ARATHOON SETH. Clerk of Councils.
(D. in Enclosure 2.)
Minute by His Excellency the Officer Administering the Government.
A Committee of the following gentlemen :--
1. The SURVEYOR GENERAL,
2. The ATTORNEY GENERAL,
3. The TREASURER,
4. The Hon. WILLIAM KESWICK, M.L.C.,
5. The SUPERINTENDENT OF GAOL,
6. ERNEST MACKEAN, Esquire, Acting POLICE MAGISTRATE,
7. CATCHICK PAUL CHATER, Esquire, J.P.,
8. ALEXANDER PALMER MACEWEN, Esquire, J.P.,
9. Dr. PATRICK MANSON, J.P.,
are to be requested to meet at an early date to consider a report of the Superintendent of the Gaol on the insufficient accommodation in that Establishment and what steps should be taken to remedy the present state of things.
SIR,
(Enclosure 3.)
Mr. A. P. MacEwen to the Chairman.
W. H. MARSH.
HONGKONG, 28th May, 1886.
I have to express my regret at being unable to attend the last few meetings of the Gaol Commission owing to absence from the Colony.
I have given careful attention to the Report which is to be sent to His Excellency the Administrator with the approval and signatures of the members of the Commission. I do not sign the Report as there are one or two points as regards the question of punishment with which I do not concur.
(Enclosure 4.)
Report of a Sub-Committee consisting of:---
Honourable EDWARD J. ACKROYD, Honourable W. KESWICK,
Major-General GORDON,
Dr. MANSON, and
C. P. CHATER, Esquire
appointed to visit the Victoria Gaol at night and report on the state thereof.
The Committee appointed Wednesday the 21st April, 1886, 10 p.m. for their visit. At the last moment the Honourable W. KESWICK, was prevented from attending. The Gaol was visited at the hour and on the day mentioned by the other members of this Sub-Committee.
We visited all the cells and corridors. In those corridors where each cell was occupied by one prisoner only we found perfect ventilation.
In other cells we found that the prisoners had closed the windows which greatly interfered, if it did not altogether stop the free current of air in the cell. Many of these cells however were not overcrowded. We visited other corridors in the cells of which there were eight, ten, or eleven prisoners confined.
Although the windows in these were left open we found strong proofs of overcrowding.
We think more openings might be made in the corridors and elsewhere with a view of increasing the volume of air.
We annex a return prepared for us by General GORDON showing the number of prisoners confined in each cell on the night in question (Enclosure 10.)
This return shows the number of prisoners and the cubic space of each cell. In presence of these figures we deem it unnecessary to offer any further comments on the question of overcrowding.
EDW. J. ACKROYD,
A. GORDON,
C. P. CHATER,
PATRICK MANSON,
552