It has now been reversed under the existing Rules absolutely without authority from the Secretary of State.
I would suggest that the new Rule should be amended to the following extent:
Seeing that the approval of the Governor is necessary before any flogging can be inflicted, I should incline to allow the Superintendent to inflict flogging of strokes in the cases provided under Rule 280, though the number of strokes for Adults & Juveniles respectively should be reduced to 12 & 6.
In Rules 291(1) & 293, I would omit the words referring to the "cat-o'-nine tails." I think it would be better to avoid the use of this weapon altogether. I send herewith a specimen of the "Hongkong 'cat'." It is not a ferocious instrument of its kind, but is, I understand, used across the shoulders, and appears to me in itself rather a savage barbarity.
I would also reduce the number of strokes allowed under Rule 291 to 24, 12.
In Rule 294, the number of strokes should be reduced to 24, 12 respectively.
My proposal would be that the Rules should be less severe than those allowed in the Home Prisons service, but they should conform to the instructions contained in our Despatch of 18/7/79 as modified by the Circular of .../.../.... As I have stated, there was more flagrant abuse before 1896 than there is in the Home Prisons, where every flogging for prison offences has to receive the sanction of the Home Secretary.
Again, I think there is far greater possibility of abuse in the punishment of natives in this Colony than in the punishment of Englishmen in this manner.
We must certainly strongly criticise their action in framing new Rules without reference to previous existing instructions.
Rule 310: I think the rearrangement of the gratuity system under which European Prisoners can earn somewhat larger gratuity than Asiatics is reasonable.
We should insist on the amendment of the Flogging provisions, & perhaps also some amendment in some of the other points to which I have referred.
I had not time to send ...
P.C.M.
Lord Selborne
25/10
There are various details in these rules - some mentioned in the above minute - with which we need not trouble Mr. Chamberlain & yourself, but we want Mr. Chamberlain's decision on the flogging question.
Will you look at the minute and Despatch of 18/7/79, 96.
Flogging in Hongkong according to Mr. Chamberlain's instructions may only be up to 20 strokes with the birch.
Those instructions ought only to have been embodied in the new rules unless they had been modified by the Secretary of State, & this should be commented on rather strongly.
But I think the instructions...
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