308
But there is a question connected with this matter in regard to which I should be glad to receive your Lordship's instructions.
It appears from the report of the Acting Superintendent of the Victoria Gaol that the prisoner's conduct has been exemplary, and should he obtain the full number of good marks, which under the Prison regulations can be awarded him, he would be entitled to be released after completing two-thirds of his sentence.
The question then arises whether the China and Japan Order in Council 1865 precludes a prisoner sentenced before the Supreme Court under a law in force in China, but undergoing imprisonment in Hong Kong, from obtaining the benefit of the mark system.
On the one hand, to do so would be, in one sense, to obtain mitigation of the sentence awarded; on the other hand, the prisoner in this Gaol is subject, I presume, to the prison regulations, and his sentence has to be carried out in the same way as like sentences awarded by a Court of this Colony.
These regulations, which have the force of law...