C

1841-1886

HER MAJESTY'S COLONIAL POSSESSIONS.

; 251

public, supported as he was by the highest authority, at home. Flogging being brutal and brutalizing, it appeared to me that flogging in private had both these characteristics, whilst it was largely wanting in the deterrent element addressed to the eyes of the lowest brutes in society, which, to me, had been its chief, if not its only recommendation. I rarely sentenced men to be privately flogged, but I soon became convinced, as I now am, that although the Ordinance might well remain unrepealed, it should be had recourse to only in very exceptional cases, and that, with rare exceptions, flogging may be avoided altogether."

72. Some general interest may perhaps be felt in the experiment begun in 1866 and continued for 10 years in this Colony in the treatment of criminals. But the consequences of stopping it and of pursuing a different system for the last four years, may possibly throw some light on the special question now agitating Australia and the United States as to the alleged criminal character of the Chinese race.

73. What has occurred here shows that though a criminal population may be manufactured, the Chinese are not naturally a criminal population. On the contrary, I regard the Chinese as the least criminally disposed race I have seen in any part of Her Majesty's dominions. Perhaps this might be explained by the fact that no other race in the world combines so many of the qualities that are the rational antidotes to crime; industry, temperance, frugality, and filial affection.

74. Reviewing the whole question, I therefore felt justified in suggesting last year to Her Majesty's Government that the Branding Ordinances be repealed, that public flogging be abolished by law, that all laws in Hong Kong which impose flogging on persons of the Chinese race exclusively be repealed, that all flogging be abolished except for such offences as entail flogging in England, and that flogging on the back be abolished by law.

75. Your Lordship approved of those recommendations. The draft Ordinance for carrying them into effect has been sanctioned by Her Majesty's Government and in a few weeks the objectionable part of the penal legislation of Hong Kong will be expunged from the statute book.

76. So far, therefore, the ground is cleared for placing the prison system of Hong Kong on a sound basis. To do this, however, it will be necessary to build a new gaol on the separate system. The existing gaol is in the town of Victoria surrounded by houses. It was built in 1863. It is quite unsuited to the wants of the Colony and its structure is defective. Plans for rebuilding the gaol on Stone Cutters' Island on the site selected 16 years ago by Sir Hercules Robinson have been prepared.

Piracy.

77. Piracy in the waters of South China has steadily declined, and may indeed be said to have almost ceased, as compared with ...

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