1.
GovI.
378
18. 7. 30.
2
Reucets directions as to procedure in the case of persono ajainst whom a verdict of Guilty but Insane has been found.
On 74165, the Assistant High Commissioner for
the Western Pacific asked for instructions in two
cases in which persons accused of murder had been
ordered to be detained during His Majesty's pleasure,
and we were not clear what instructions he wanted.
It is a fortunate coincidence that at the same time
we should receive a despatch from Hong Kong, asking
similarly for instructions, but setting out
clearly exactly what the difficulties are.
There appear to be two questions to be answered:-
(1). How persons ordered to be detained during
His Majesty's pleasure are to be treated, and
(2). Who is responsible for arriving at the actual decision as to their treatment.
¿
A
As regards (1), the Governor of Hong Kong's
difficulty is as to whether he must simply detain
such persons as lunatics, or whether he may impose
imprisonment with hard labour. The latter
appears to have been the practice in the past, but
Sir William Peel has taken the view that he has no
power to impose hard labour. I am not sure
whether this view is correct, as section 76 (2)
of the Criminal Procedure Ordinance states that
the Governor "shall order such person to be dealt
with as a lunatic under the laws for the care
and custody of lunatics or otherwise as he may think
proper". The discretion inthe last phrase seems
to be fairly wide. It might, however, be
desirable