imprisonment with or without a fine not exceeding £500. If accompanied by extenuating circumstances a fine alone may be imposed.
In Germany the highest penalty is 10 years. In Austria the maximum is death during war or mobilization, and ten years hard labour in peace, and the minimum is one year.
These penalties far exceed the punishments prescribed in any of the Colonial Ordinances; and it is conceivable that to the patriotic officers or employés of foreign countries, Governments of which a knowledge of the details of defences or armaments against which they might one day be called to act, was of immense importance, they would not hesitate to incur the risk of enduring punishments, which in comparison with their own, might be considered trivial.
Lord Lansdowne would therefore be disposed to regard a general increase of the maximum penalties in the Colonial Ordinances as tending to increase security against foreign spies or agents.
But at the same time he fully recognises that the degree of culpability of a person entering or sketching a work of defence may be infinitely minute when there is no criminal animus or hostile intent. He would therefore assure the widest discretion to the Courts, in awarding penalties; observing, that in the case of the Germans convicted of this offence at Hong Kong in May last, the Magistrate is reported to have stated, perhaps under an erroneous impression, "that he must either find 'not guilty' or inflict the full penalty", while the General Officer Commanding, in the correspondence now under consideration, expresses the opinion (in which the Secretary of State agrees) "that it was a straining of the law to punish them at all".
The amendment proposed by General Black and recommended by His Excellency the Governor, to cover torpedo installations appears to be necessary in all the Ordinances. The following words would have a wider application:- "military or naval stores, armouries, factories or machinery; and mining, electrical or torpedo establishments".
I have the honor to be,
Sir,
Your Obedient Servant,
Wenlock J. J. H.
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