I think it should be modified. I do not think that there should be restrictions on this special punishment in Hongkong, which is a resort of dangerous Chinese Criminals. I should make the number of strokes 24 - as is prescribed in our circular to the colonies - instead of 20.
As to the instrument, in spite of the minutes on 1979 and Sir R. Meade's amusing comments, I do not think it is right to take away from those responsible for keeping order in the Hongkong prison and from the H[ong]kong judges the power of punishing dangerous ruffians with the same instrument that is used in this country & in other colonies.
A birch is not an inadequate punishment; it may cause a wound, but not to death. I should not allow the Superintendent or Assistant Superintendent to use any weapon except the birch; a limit has been put on the number of strokes - 12 for an adult and 6 for a juvenile.
But in the case of the Visiting Justices, I should adopt the rules which we sent out with our circular of 25 May 1897, allowing 24 strokes with an instrument approved by the Governor. The new rules (June 15, 1897) allow up to 30 strokes, and this change has been made without any authority beyond what the law allows. However, the Governor is not always following the extension of flogging as provided by the rules pending Mr Chamberlain's authority, which I submit might with advantage be given to the modification suggested above.
C.Pd. I agree with the views expressed on 18 Dec. One practical object is expressly stated.
19/12/67 Keff.
I have expressed my sound view in April without additions. I allow authorities such powers as are consistent with the provisions which obviate objections. This is the effect, W. Lucas prefers.
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