Rule 272 of the said Ordinance as to depriving prisoners of their privileges is also repealed. Rule 274 of the Old Regulations, the one specially responsible for the diversity of opinions as to when flogging was permissible, has been greatly altered: punishments for which flogging is permissible are far more clearly defined. Rules 280 & 281 reduce the maximum number of strokes allowed to twenty-four.
Rule 282, after declaring that corporal punishment shall be inflicted with the rattan, adds the words "or birch as the Superintendent may direct".
Rule 277 of the Ordinance of '91 is omitted. It enumerated certain offences liable to be punished by flogging. Rule 285 is new; it makes it lawful for repeated disobedience to cut off a prisoner's queue, provided (a) that he is sentenced to more than 6 months' imprisonment, and (b) that he has more than three months still to serve.
It will be seen from this Draft that most of the suggestions made by the Commission have been acted upon.
I suppose that, in the face of the Report and the Governor's letters, the powers now allowed to the Superintendent will not be curtailed. I think that, in writing to the Governor, we might urge (1) that the gaol Hospital should be improved, (2) that the Birch should be, as far as possible, substituted for the Rattan, and (3) that Corporal punishment should be inflicted with the same instrument twice, and in conclusion, we might add that, though, in view of the Commission's report, Sir W. Robinson's strong opinion, Mr. Chamberlain does not think it right further to restrict flogging at Victoria gaol, he would agree with it, clearly understood that it should only be resorted to where absolutely necessary.
PCM 5/4/96
M. Macnaghten has marked in red the changes which have been made and greatly helped me in my consideration of this paper.
"I see nothing to take exception to; but if, as suggested on 19/7/91, only the Superintendent shall be allowed to use the birch, the words 'rattan or' should be left out in Rule 280; and if, as also suggested, no flogging is to take place without the Governor's authority (in writing), words to that effect should be added to the rules. Again, if, before any flogging, evidence should be taken in writing and upon oath (and I think this should be insisted on), we must add words to that effect, as also as to the having in each case of a doctor present."
These rules are modelled on the latter. There are 341 in number. Our rules are 117. I propose to send a copy out, carefully stating that they are not for substitution en bloc, but only for guidance in future. I will send the Governor a copy of them. See Minute (P. 13, now on 13/7/91, Mun 14/11).