CO882-(3-4) — Page 427

SIR,

32

COLONIAL SURGEON to ACTING COLONIAL SECRETARY.

Government Civil Hospital, Hong Kong, 8th October 1877. In accordance with his Excellency the Governor's request I have the honour to forward the following report concerning the prisoner Leong & Loi alias Mok a Kwai who died in the Victoria Gaol, September 28th, 1877.

He was first six months in the gaol from the 14th July 1873 to the 13th January 1874 as a rogue and vagabond; during that time he is on the hospital books from the 16th July to 23rd, again on 24th July to 20th August, both times entered as an opium smoker, and only on the list of trifling cases. He was put in hospital 22nd and 23rd October for fever, and went on the trifling case list 24th to 27th October for constipation. These are the only entries in the case books during this term of imprisonment. He was flogged three times, August 4th 6 strokes, October 6th 6 strokes, January 13th 3 strokes.

He was again in gaol fourteen days from May 22nd to June 6th, 1874, unlawful possession, and appears in the case book on the trifling list from May 25th to June 4th as an opium smoker.

His next entry is again for 14 days, July 14th to 28th, 1875, rogue and vagabond, but is not mentioned in the hospital books.

He again re-appeared in the gaol for two years from October 23rd, 1875, but was deported October 30th, 1876, on which day he received 6 strokes.

During this time he came on the hospital books from January 22nd to 25th, first on the trifling list for bronchitis; on the last date he was put in hospital, where he remained till April 1st, when he went on the trifling case list till the 9th of May. On the 22nd May he first went into hospital with phthisical symptoms, and remained till October 7th, when he was put on the trifling case list till he left the gaol; all symptoms had then subsided except slight dullness at the upper part of left lung.

He reappeared in gaol on remand for trial August 22nd, 1877, and was put in hospital in the last stage of phthisis; he was too ill to go to trial, and died September 28th.

I do not remember this man's floggings, two of which took place before my arrival in the Colony, but I observed no marks on his back. He was just ill enough to be put in hospital, but not enough to prevent his being very troublesome and disorderly during a greater part of the time, in his last imprisonment for two years.

I have, &c. .(Signed) PH. B. C. ATRES,

SIB,

ATTORNEY GENERAL to COLONIAL SECRETARY.

Colonial Surgeon.

Attorney General's Chamber, Hong Kong, 27th October 1877.

I HAVE the honour to acknowledge receipt of your letter of 19th October with its enclosures, and in reply thereto to state that in my opinion the corporal punishment ordered, and I presume inflicted, by authority of the Superintendent of the Gaol was not in any of the cases referred to authorised by law, the Superintendent being only empowered by Ordinance 4 of 1863 s. 11 to inflict punishments of that description in cases where the prisoner is under conviction of felony.

With regard to the two last sentences of solitary confinement on rice and water, I think that the Superintendent was justified in treating Mok a Kwai as a prisoner, and inflicting such punishments on him if they were concurrent, and if the offences committed were within the provisions of Ordinance 4 of 1863 ■. 11. Whether they were or were not within that section in the absence of the evidence I am unable to judge.

I have, &c.

(Signed) GEORGE PHILLIPPO.

Hongkong

to wit:

33

(Signed) A. E. KENNEDY,

Governor and Commander-in-Chief.

To all to whom these Presents shall come, Greeting :- WHEREAS it is deemed advisable, under the provisions of Ordinance No. 9 of 1857, for better securing the Peace of the Colony, to prohibit Mok & Kwai now confined in the Common Gaol of the Colony of Hongkong as being person dangerous to the peace and good order of the said Colony, from residing or being within the limits of the said Colony during the space of five years next ensuing from the date hereof: Now therefore, know Ye that I, Sir Arthur Edward Kennedy, Knight Commander of the most distinguished Order of Saint Michael and Saint George, Companion of the most honourable Order of the Bath, Governor and Commander-in- Chief of the Colony of Hongkong and its Dependencies, and Vice-Admiral of the same, do hereby declare it to be my will and pleasure, that the said Mok a' Kwai be discharged out of custody and be prohibited from residing or being within the said Colony for the term of five years from the date hereof.

And for so doing, this shall be your Warrant.

Given under my hand, in Executive Council, at Victoria, in the said Colony, this 21st day of October, A.D. one thousand eight hundred and seventy-six.

By command of his Excellency in Council,

(Signed) H. E. WODEHOUSE,

To the Captain Superintendent of Police

in Hongkong, and all others whom it may concern.

No. 13.

Clerk of Councils.

GOVERNOR HENNESSY, C.M.G., to the EARL OF CARNARVON. (Received December 7, 1877.)

(No. 149.) MY LORD,

Government House, Hong Kong, October 31, 1877. ADVERTING to my Despatch No. 142, of the 17th October, I have the honour to Jay before Your Lordship a copy of the Attorney-General's opinion on the illegal flogging that had been inflicted on the prisoner Chan tin lam.

2. Having, for the third time, referred the depositions in this case to the Attorney- General, together with Mr. Russell's Memorandum, Mr. Phillippo at length recognises the fact that a mistake was made by the Magistrate, and that the prisoner received a greater number of strokes in a single flogging than the law allowed.

3. The Attorney-General now says, "After Mr. Russell's admission in this case I "have no doubt that the greatest care will be taken that no similar mistake should occur

again in future."

CL

4. I have no doubt the Attorney-General is right in thinking that greater care will be taken by the Magistrates in future. Bearing in mind, however, the exceptional and severe code of laws in this colony for the flogging, branding, and deportation of the Chinese, I shall certainly not relax my own efforts to prevent any illegal addition to the severity of that code.

I have, &c.

The Right Hon, the Earl of Carnarvon,

&c.

&c.

&c.

(Signed)

Hong Kong.

J. POPE HENNESSY.

ATTORNEY-GENERal's Opinion on the ILLEGAL FLOGGing in Chan tin lam's case.

Mr. RusanLL admits that there was a mistake in the sentence imposed in this case, which he attributes to an oversight. I think probably he was misled by the evidence of Alfred Grey, who deposed that the prisoner had had 24 strokes previously without stating that he had been twice whipped. It is unfortunately the case that mistakes are

* 048.

• No. 11.

E

J

PUBLIC RECORD OFFICE

Reference:

C.O. 882

4PUBLIC RECORD OFFICE, LONDON

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