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deterrent, to others besides the culprit himself, and more especially in order that it may be known along the criminal classes that offences of a particular class render the convict liable to whipping, it is in my opinion desirable that the punishment should be inflicted in the presence of the other prisoners who will shortly be discharged (say within a year or six months) so that the penalty may be thoroughly known along the classes who are apt to commit these offences.
5.
I consulted my Executive Council on the subject, and they concurred with me, but there was some differ- -ence of opinion as to whether the word "privately" did not pre- -clude such an interpretation. I may add that I observe daily in the newspapers that for the offences made temporarily punishable in this Colony by a few strokes of the cat or birch (and indeed for many lesser offences not so punishable) immediate execution is resorted to in Canton.
6.
I have referred the question to His Honour the Chief Justice who states that in his opinion the word "privately" should be omitted in order to allow of a prisoner being whipped in the presence of other prisoners. He considers that the omission of this word would be a fair and proper "Revision amendment", and I have accordingly authorised him to omit it in the revised Edition of Laws pending receipt of your reply. His Honour informs me that the amendment will be made in
the General Revision Ordinance and that it will be introduced with the following preamble:-
he
Whereas it is expedient to remove doubts as to the power to inflict the punishment of whipping in the presence of other prisoners, but not otherwise public-
-ly.
I have the honour to be,
Sir,
Your most obedient, humble servant,
Ma
ga.
Governor,&c..