PUBLIC RECORD
OFFICE
Reference :--
C.O. 882
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ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
PUBLIC RECORD OFFICE, LONDON
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It appears from the Report of the Chief Justice, dated 17th instant, that the Full Court of Appeal which sat at l'enang on the 15th instant unanimously held that the technical objections against the judgment in this case were invalid.
With respect to the case of Lim Loon, Ah Tong, and Kim Siew. In view of the evidence given upon the trial against the two first-named; of the fact that these prisoners had the advantage of being defended by Counsel; that everything that could be urged on their behalf was brought before the jury; that the Chief Justice concurred in the finding of the jury; and that the Full Court of Appeal unanimously held that the technical objections raised against the judgment in the case of Queen versus Tan Seang and nine others were invalid; the Council is unanimously of opinion that there is no reason for interfering with the sentence of death passed upon the prisoners Lim Loon and Ah Tong; and agrees to recommend to his Excellency the Governor that the sentence should be carried into effect.
Kim Siew was acquitted by the jury.
A Petition, by Lim Beow and others, inhabitants of Malacca, in favour of the prisoner Lim Loon and a report of the Chief Justice thereon are read. The Council is unani- mously of opinion that there is nothing in the Petition to lead them to alter their view of this case.
As regards the case of Tan Seang and nine others, found guilty of murder and con- demned to death, the Council unanimously agrees to recommend to bis Excellency the Governor that the sentence of these prisoners should be commuted to one of penal servitude for life, in accordance with the recommendation of the Chief Justice.
No. 53a.
WAR OFFICE to COLONIAL OFFICE.
War Office, 15th August 1876.
SIR,
I AM directed by Mr. Secretary Hardy to request that you will call the attention of the Earl of Carnarvon to the last paragraph of my letter of the 9th Februaryt last in which it was suggested that the question of the liability of the Straits Settlements for the expenses of the recent Military operations in the Malay Peninsula should be left open for future consideration.
Mr. Hardy is of opinion that the time has arrived when a definite decision should be given on this point, and he will be glad if Lord Carnarvon will give the matter his consideration, and inform him to what extent the revenues of the Straits Settlements can be fairly expected to meet the expenses connected with the suppression of the disturbances in Perak, and of the subsequent occupation of that State.
The Under Secretary of State,
Colonial Office.
No. 54.
I have, &c.
(Signed) J. C. VIVIAN.
The EARL OF CARNARVON to GOVERNOR SIR W, F. D. JERVOIS,
(No. 192.) SIR,
K.C.M.G., C.B.
Downing Street, August 16, 1876.
I HAVE already, in the 16th paragraph of my Despatch, No. 70, of the 1st June of this year, referred to the necessity for taking into early consideration the question of organising an armed police force to replace in the native states the detachments of troops which at present maintain order and furnish the guards attached to the Residencies.
2. I enclose a copy of a letter from the War Office, in which Mr. Hardy gives strong reasons for the early removal of the battery of artillery which was sent from India for service in Perak, and I have recently had an opportunity of conferring with Mr. Secretary Hardy and His Royal Highness the Field Marshal Commanding in Chief on this subject,
The Court of Appeal consisted of the Chief Justice, the Acting Judge of Penang, and the Solicitor- General, the last-named having been appointed Acting Puisne Judge.-W. F. D. J.
† No. 142 of Eastern No. 17.
‡ Not printed.
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and they have expressed a strong opinion, in which I concur, as to the desirability of withdrawing the troops from the native States so soon as it can be done with safety; and I have, therefore, to request that you will furnish me with a full report upon the steps which you propose to take for organizing such a body of police as may with confidence be substituted for the additional troops at present stationed in the Peninsula.
I ar you,
3. The points to which, among others which will suggest themselves to particularly desirous that you should direct your attention in dealing with this subject, are the following:-
1. The strength of the proposed force;
2. The sources from which the force may be raised and reeruited;
3. Its organisation and equipment;
4. Its distribution.
As regards the first of these points, the excess of the present above the normal garrison
may be taken, perhaps, as some indication of the force which will be required; so far as
I can gather from recent returns, the garrison at present consists of-
Royal artillery-
Infantry--
1 battery 2nd brigade
I battery 5th brigade
10th regiment
80th regiment
and the normal strength may be taken at-
1 battery royal artillery 1 regiment infantry
93 men. 70 men.
-
604 men.
- 917 men.
93 men. 917 men.
So that the garrison is at the present moment 70 artillery and 604 infantry in excess of its usual strength. To replace at this moment this number of trained white troops by the same number of newly-raised arrned native police, would be doubtless an experiment attended with some risk. But I have every hope that the condition of those native states which have been most affected by the recent disturbances is already much improved, and that the restoration of confidence and tranquillity will in the course of the next few months enable a considerable number of the detachments at present stationed in those States to be entirely dispensed with, and the remainder to be replaced by native police, supplemented by such small bodies of regulars as can be spared from the permanent garrison of the Straits.
4. In these circumstances it may be possible to replace the extra troops by a contingent of police which might, perhaps, be smaller than what would be considered a real equivalent for the troops withdrawn; subject however to these general considerations, I desire to have the advantage of your judgment and local experience, before deciding as to the actual number of men to be embodied.
5. The sources from which it may be possible to recruit the new force may possibly not be numerous, and you may feel it desirable to recommend that application should be made to the Indian Government for permission to recruit from among some of the native races, such, for instance, as those which supply the Ghoorka regiments.
6. With reference to the organization of the force, the first question for consideration is, whether it should be considered simply as an augmentation of the existing police force, or should be altogether independent of that body. For certain administrative purposes the former arrangement offers undoubted advantages; but on the other hand, you may perhaps be of opinion, that for some time at least it will be desirable that the force should be of a inore strictly military character. On this and other points connected with the subject, I have already addressed you in my despatch to which I have already referred, and no doubt in due time I shall be placed in possession of your views.
7. There is one point, however, which it will be necessary to keep in mind in organizing this force, namely, that it will be impossible to retain the extra battery of artillery in the Colony for any length of time, and that if it is considered that artillery should be attached to the residency guards, a portion of the new force must be instructed in artillery drill, so far as may be necessary to enable them to take charge of a battery of mountain guns. The arrangements for officering the force will demand your careful attention, and I shall be glad to consider any recommendation which you may wish to make, as to the number, pay, and position of those who may be appointed to it. Under the head of distribution it may be necessary to decide whether it is desirable to occupy any points other than the places selected for the actual residencies. If so, I shall hope to receive an early report of the reasons for selecting these points, and of the force by which it is intended to occupy them.
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