*
COPY.
125
37133
Hon.Col.Sec.
The legal advisers at the Colonial Office conferred with
me on the point raised in paragraphe 2 & 3 when I was at home and I
am under the impression that the decision arrived at was that in the
case of offences other than those specified in section 86 of the
Magistrates Ordinance 1890 the punishment of whipping is to be in
lieu of and not in addition to other punishments, but I do not think
it was intended to interfere with the right now given to the Magis-
trate by section 86 to order whipping in lieu of or in addition to
other punishment in respect of the offences specified in that section
Paragraph 3 of the Secretary of State's Despatch may how-
ever be read as absolute and ae requiring that whipping is to be
entirely as an alternative to other punishments in all cases and I
have drafted the amending Bill accordingly.
(ad) W.Rees Davies.
Attorney General,
8/10/09.
Hon. Colonial Secretary,
To my foregoing minute of 8th. October, 1909, I should
like to add that it is I understand necessary for every youth to
be examined by a Doctor bafore being whipped and as there is no
resident prison doctor here the custom I am told has been for the
Magistrate when imposing whipping in lieu of imprisonment to
order the youth however to be detained in prison until he can be
examined by the doctor and whipped and if the Ordinance is to be
amended so as to require whipping to be in lieu of imprisonment
it may be desirable to authorize the detention of the youth until
he can be whipped i.e. until after the doctor's examination. I
believe at home there are always resident prison doctors Bo no
delay