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سالسا

PUBLIC RECORD OFFICE

Reference:

C.O. 882

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO

J

RETURN showing the number of PRISONERS FLOGGED in each year, as taken from the Gaol Records from 1st January 1867 to 31st December 1876.

Number of floggings

1 Jan. to 81

Dec. 1867.

1 Jan. to 31

Dec. 1868.

1 Jan, to 81 Dec. 1869.

1 Jan, to 31

Dec. 1870.

Jan. to 31 Dec. 1871.

Total

Number of prisoners flogged

176

218

105

209

255

130

(Average per annum for five years,

173.)

2282848

108 146

698 868

I Jan. to 31

1 Jan. to 31

1 Jan. to 31

1 Jan, to 31

1 Jun. to 31

Total.

Dec. 1872.

Dec. 1878.

Dec. 1874.

Dec. 1875.

Dec. 1878.

Number of prisoners flogged

149

289

187

119

113

Number of floggings

192

341

244

159

141

857 1,077

(Average per annuin for five years,

215.)

Total floggings, ten years, 1945.

(Signed) G. DUCAT, Captain and Acting Superintendent.

Cecil C. Smith,

Victoria Gaol Office, Hong Kong, 29th August, 1877.

(True Copy).

No. 9.

Acting Colonial Secretary.

GOVERNOR HENNESSY, C.M.G., to the EARL OF CARNARVON. (Received October 15, 1877.)

(No. 104.) MY LORD,

Government House, Hong Kong, August 31, 1877. In paragraph 6 of my Despatch, No. 103, of the 30th instant, I refer to the fact that a few cases had recently occurred in which, on his own authority, the late Acting Superintendent of the Gaol had flogged prisoners who had not been convicted of felony, whereas by the local law a Justice of the Peace should be associated with the Super- intendent in such cases.

2. I have now the honour to lay before Your Lordship copies of some papers containing a minute of mine dated 24th July, drawing the Attorney-General's attention to the cases in question; the Attorney-General's opinion; and Mr. Tomlin's explanation. Though Mr. Tomlin did what was not strictly lawful, I refrained from censuring him on the ground that he was a zealous and conscientious officer, who had been put in temporary charge of a post for which he was not suited. In my Despatch No. 88, of the 4th of August, I reported his return to his regular duties in the Surveyor's Office, where he is

Chief Clerk

3. The enclosed papers also include a Memorandum of the 18 cases of flogging which I had sanctioned up to the 5th of July.

4. With reference to Mr. Tomlin's statement at the end of that Memorandum that no notes of evidence have been taken in cases where prisoners are sentenced to be flogged by order of the Superintendent for prison offences, I have given instructions that notes of evidence must be recorded in all such cases in future.

The Right Hon. the Earl of Carnarvon, &c.

&c.

&c.

. I have, &c. (Signed)

J. POPE HENNESSY,

Governor.

The following are the only records in the cases of flogging referred to by His Excellency the Governor :

1. 1876, 3rd January.—Cheung & Yow, 18 months hard labour for larceny, reported by Guard Sims for smoking. Seven offences during the previous 24 months, some of a

↑ Not printed.

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bad nature, and, as solitary confinement had no effect on him, he was sentenced to nine strokes of a rattan. Carried into effect on the 4th January.

2. 3rd January-1 po Fuk, three years penal servitude for burglary and larceny, reported by the Warden for having possession of tobacco. Six offences during the previous 24 months, for which he had been punished with periods of solitary confinement on rice and water with no good effect, and was now sentenced to receive nine strokes of

a rattan.

3. 14th February.-Ho & Yan, two years hard labour for larceny in a dwelling-

house.

Kwan a Fang, two years hard labour for larceny on board ship in the harbour, and Mak I Wan, 20 months hard labour and 12 months security for larceny, reported by Turnkey Mulgraves for stealing food. The prisoners bore bad characters, and were Sentence carried out on the 15th sentenced to receive nine strokes of a rattan. February.

4. 12th May.-Li a Kam, four months hard labour for larceny, reported by Guard Knight for "having letters in his possession" which were intended to be carried out of the gaol in surreptitious manner. The letters showed the prisoner had been before guilty of a similar offence, it being one very difficult to detect. I considered an example necessary, and accordingly sentenced the prisoner to receive six strokes of a rattan.

5. 18th May.-Cheang & Yan, 18 months hard labour for larceny, reported by Guard Abdool for trying to obtain fire from the corridor lamp, and having prohibited articles. The first of these offences is a very bad one, as it endangers the safety of the gaol. The prisoner had been guilty of nine offences between the 4th January, when he was first flogged, and the present time; was sentenced to receive six strokes of a rattan.

6. 27th May.-Leong a Ching, one month hard labour for larceny, reported by Turnkey Jones for stealing fish. This being the prisoner's third offence within a month, he was sentenced to be flogged with a rattan, nine strokes.

7. 1st June.—Chun a Chir, 12 months hard labour for returning from deportation, reported by Guard Christo for making away with some oakum which had been served out to him to pick. This offence entails a considerable loss to the Government, and the prisoner belongs to a class who will resort to every device to evade work; I therefore sentenced the prisoner to receive a flogging of six strokes.

8. 15th June. Li a Pong, three, months hard labour for larceny, reported by Turnkey Prone and Guard Badger for making a false charge; viz., that they had kicked him, struck him with a broom, and otherwise illtreated him. I made full inquiry into this case, and it turned out to be a false and malicious charge. The prisoner was sentenced to receive nine strokes of a rattan, which he received on the 16th June.

9. 9th July.-Li a Sze, three months bard labour for larceny, reported by Turnkey Prone and Guard Soraljee for having prohibited articles, destroying prison property, and obtaining a light from the corridor lamp. This was a bad case, and occurred as follows: on my visiting the gaol the previous night, and when standing in the chapel, I noticed a man's arm through the gate of one of the cells in the upper corridor and trying to reach the lamp with the aid of a long rod. On sending the turnkeys up they found the prisoner with another trying to obtain a light. On the cell being opened and searched it was found that the cell wire had been wrenched off and the window fastening unshipped; these had been fastened together with strips of their waist-belts. A number of cigarettes were also found on them. Li a Sze and Tsang a San admitted the offence, and both were sentenced to receive nine strokes of a rattan each.

10. 11th July.-Wong a Lan, three months hard labour and three months security as a rogue and vagabond, reported by Turnkey Forbes for singing while undergoing a sentence of solitary confinement for a previous offence; prisoner had been punished only two days before for a bad offence. He was now awarded six strokes of a rattan.

11. 15th July-Mak I Wom, 20 months hard labour and 12 months security for larceny, reported for being in possession of prohibited articles. An incorrigible prisoner; had 12 offences between the date of the prisoner's flogging in February and the present offence. Sentenced to nine strokes of a rattan.

12. 25th July.-Sun & Mon. Suspicious character. Stowaway. 28 days hard labour, reported for refusing to work; this man showed a most insubordinate spirit during the whole time he was in gaol.

13. 13th September.-Cheang & Yow. 18 months hard labour for larceny, reported by Turnkey McCutchem and Guard Badger for disorderly conduct and using threatening language to a prison officer. Between the 18th July and this date the prisoner had committed 13 offences; was this time sentenced to the maximum number of strokes in my power to award.

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