PUBLIC RECORD OFFICE
Reference
C.O. 882
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH~NOT TO
PUBLIC RECORD OFFICE, LONDON
24
J
14. 27th October.-Mok a Kwai, 12 months hard labour and 12 months security for larceny, reported by guard Christo for having prohibited articles in his possession. A very badly behaved prisoner; was sentenced this time to receive six strokes of a
rattan.
MEMORANDUM giving particulars of the eighteen cases of FLOGGING which have taken place since 30th April 1877.
1. 30th April.-Wong a Sing. Magistrate.
12 strokes of a rattan awarded by the 2nd Police
2. 8th May.-Chun a Luk. 10 strokes of a rattan awarded by the 1st Police Magistrate.
\
3 and 4. 10th May.-Au a In and Im a Man received a public flogging of 25 strokes of the regulation instrument passed on them by the Honourable The Chief Justice on the 23rd and 26th of April last.
5. 12th May.-Li a' Ng.
Magistrate.
6. 14th May.-Ho a Hir. Magistrate.
10 strokes of a rattan awarded by the 1st Police
10 strokes of a rattan awarded by the 1st Police
7. 15th May.-Chun a OD, 42 days hard labour for larceny, reported by turnkey Roddy for disorderly conduct; had two previous offences within a week. Sentenced this time to six strokes of a rattan.
8. 17th May.--Fan a Sing, six months hard labour for larceny, reported by turnkey Terence for disobedience of orders. A very badly behaved prisoner; has 11 offences since the 4th May.
9. 18th May.-Wong a Yow, three months hard labour for picking pockets, reported by turnkey Terence for disorderly conduct and using bad language; reported same day by turnkey Klampameyer and again by turnkey Gilchrest for disorderly conduct. An incorrigible prisoner; was sentenced to receive nine strokes of a rattan.
10. 19th May-Wong a Fuk, four months hard labour for larceny, reported for using bad language and disorderly conduct. This is another most incorrigible prisoner,
has 14 offences within three months.
11. 23rd May,-Ho tin Hung. 10 strokes of a rattan awarded by the 1st Police Magistrate.
12. 25th May.-Lai a Kai. Magistrate.
10 strokes of a rattan awarded by the 1st Police
13. 29th May.-Ng a Kwai. 10 strokes of a rattan awarded by the 1st Police Magistrate.
14. 2nd June.-Ching & Wai, four months hard labour for larceny, reported by turnkey Smith for disorderly conduct. A very badly behaved prisoner; had eight previous offences within a short time; sentenced to be flogged six strokes, as all other punishments had no effect on the man.
15th. 5th June.-Man a To.
Magistrate.
10 strokes of a rattan by order of the 1st Police
16. 6th June. Chang a Luk. 10 strokes of a rattan by order of the 1st Police Magistrate.
17. 10th June.-Thomas Louis. 10 strokes of a rattan by order of the 1st Police Magistrate.
18. 5th July.--Hu a Lok, 10 years penal servitude for wounding, &c., &c., reported for assaulting a fellow prisoner with a 24 lb. shot; case inquired into by the Visiting Justice and the Acting Superintendent of the Gaol, and the prisoner sentenced to receive 24 strokes of a rattan. The notes of inquiry were forwarded for the information and decision of His Excellency the Governor.
The depositions in the case of those prisoners sentenced by the Police Magistrate are at the Magistracy. The notes of evidence in the case of the two prisoners sentenced by the Chief Justice are at the Supreme Court; no notes of evidence were taken in the cases of those prisoners sentenced by the Superintendent for prison offences. (Signed) GEO. L. TOMLIN,
Acting Superintendent.
25
MINUTE by HIS EXCELLENCY The GOVERNOR.
With reference to the first fourteen cases of flogging described in this return, I should wish to know from the Attorney-General how far the punishments (all of which were inflicted by order of the Acting Superintendent of the Gaol) were legal or illegal.
The Attorney-General no doubt will observe that the prisoner in some cases was not under conviction of felony; in other cases the prisoner was not accused of either of the five classes of offences to which, or to some breach of regulation or discipline in connection with which, corporal punishment by order of the Superintendent is attached.
(Signed) J. POPE HENNESSY.
24th July 1877.
REPORT of the Attorney-GENERAL.
In cases which I have marked 7, 10, and 12, it appears that the Acting Superintendent of the Gaol inflicted the punishment of flogging without authority, the prisoners in those cases as it would seem not being under conviction of felony.
The words "breach of regulation or discipline" are very wide; what is or is not à "breach of discipline" would be variously considered by different people. I have put a query in pencil against three cases. Two of them it appears to me might be considered as breaches of prison discipline, but the charge in the case of No. 4 of having letters in his possession is unwarrantable in my opinion without some further explanation. It may, however, be explained on the ground that the prisoner had prohibited articles in his possession.
(Signed) G. PHILLIPPS.
25th July 1877.
MINUTE by HIS EXCELLENCY The GOVERNOR.
Write to Mr. Tomlin calling his attention to cases 4, 7, 10, and 12, and stating in substance what the Attorney-General says.
Ask for an explanation.
SIB,
(No. 83.)
(Signed) J. POPE HENNESSY,
26th July 1877.
Victoria Gaol Office, August 2, 1877.
I HAVE the honour to submit the following explanation on the four cases of flogging referred to in your letter, No. 533, of the 30th July 1877.
In the case of No. 4, the prisoner had been guilty of a breach of gaol regulations in writing a letter without permission, and in stealing the paper on which it was written, I enclose the regulations as to writing and receiving letters; every letter has to be written on this form, to be afterwards perused and initialled by the Superintendent, so that every attempt to communicate in the manner adopted by the prisoner is with bad motives.
I brought a very serious case to the notice of the Government in 1875, when Lee Lum Kuai was trying to keep up an illicit communication not only with his friends but with the Chinese officials. I enclose translation of another one intercepted a few months back, which shows that if such practices were not properly checked the good order and discipline of the gaol could not be maintained.
Two parcels with letters have been thrown over the wall within the last 48 hours; the contents clearly show the prisoners are in communication with their friends or associates outside.
M $69.