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(No. 66.)

MY LORD,

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Enclosure in No. 12.

Government House, Port Moresby,

12th September 1897.

WITH reference to Mr. Chamberlain's Circular Despatch of 25th May, I have the honour to report as follows:-

May I first of all say, without impertinence, that it has given me real pleasure to see that this question has been taken up by the Secretary of State.

In the early years of my service it was my odious duty as a medical officer to be present to witness the infliction of this brutalising punishment.

One of my first experiences was to find an Indian triced up to the triangle and the flogger, awaiting my arrival to begin his detestable task on a fellow creature who was actually dying of pneumonia. This was in the colony of Mauritius; of course the man was not flogged, but he died in a few hours without it; and his case got me into serious trouble with the magistrate, &c.

Other cases convinced me that flogging reduces men to a state of stolid brutality, or of contemptible cringing servility.

2. During the nine years of the existence of Her Majesty's Government in this colony no adult

prisoner has been flogged, and it is to some extent owing to this that our prisons have been perhaps the best educational establishment in the country.

So far we have raised our prisoners: but to flog would be equivalent to lowering them. To the Papuan such a punishment is totally unknown. I wish to emphasize this fact to feel sure that the introduction Your Excellency and the Secretary of State, because

of flogging here would be a misfortune.

In the case of mandate children, it is expected that their curator will punish them when necessary. But as regards prisoners, I should in all probability refuse to sanction flogging save in the case of criminal assault on a white woman.

3. May I be allowed to say with the utmost respect that judging from my personal experience in the matter, the Model Regulations submitted allow too much latitude to flogging to be quite suitable for at least this place. They will doubtless restrain flogg- ing among Eastern peoples to whom such a punishment is familiar, with whom corporal But among a people to whom punishment has from time immemorial been domesticated.

this would be new, it would, in my opinion, be undesirable to allow a prisoner to be flogged for insults to officers or fellow prisoners, or for destruction of prison property. Not only should the type of the instrument be approved by the Governor, but the instru- ment should be examined by him; although it is not so much the instrument, as such, but the act itself which is degrading to all concerned.

The medical officer should certify in writing that he has made a physical examination of the convict, and that he is fit to undergo the punishment. I would suggest that to Rule 4 there be added: (d) with what type of instrument

4. I enclose a suggested copy of the Regulations which would in my opinion be suitable for this colony.

It will I trust be understood that I do not mean to contend that the Regulations as proposed by the Secretary of State are not, as they stand, well adapted to requirements of other places.

His Excellency

The Right Honourable

I have, &c.,

WM. MACGREGOR,

Lieutenant-Governor.

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PRISON RULES.

Made by the Administrator in Council under The Prisons Ordinance of 1889 this

day of

CORPORAL PUNISHMENT.

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1. Rules seventy-two to seventy-five, both inclusive, of the Prison Rules contained in Schedule B of the Prisons Ordinance of 1889 are hereby repealed, and the following rules are substituted in their stead.

2. On the written order of one or more Visiting Justices, after due inquiry, and sub- ject in each case to the written approval of the Administrator, corporal punishment may be inflicted upon male prisoners for the following prison offences

(a) Mutiny or acts of gross insolence to Government officers or fellow prisoners;

(b) Any other extraordinary act of insubordination that can be lawfully dealt with

as a prison offence.

3. When corporal punishment forms part of the sentence of a Court of Justice, such corporal punishment shall not be inflicted until the Administrator directs that it shall be inflicted.

4. No sentence of corporal punishment for a prison offence shall exceed in the case of prisoners of sixteen years of age or upwards, twenty strokes in the aggregate, nor more than ten strokes at one time. And in the case of prisoners under sixteen years of age, ten strokes in the aggregate, nor more than five strokes at one time.

5. The instruments to be used for inflicting corporal punishment shall be approved of

by the Administrator before they are used.

The instrument to be used in the case of persons under sixteen years of age shall be a birch rod; or an instrument that is not more severe than a birch rod.

6. No prisoner shall be floggerl until the medical officer, or some person to be appointed by the Administrator for such purpose, has certified in writing that such prisoner is fit to undergo the punishment.

The medical officer, or such appointed person aforesaid, and the head gaoler of the prison shall be present when any sentence of flogging is carried out.

This rule shall apply to all cases of inflicting corporal punishment, whether the punish- ment has been ordered under any prison law or is à portion of the sentence of of Justice.

any

Court

7. A return shall be furnished annually to the Secretary of State of

(a) The number of floggings inflicted during the year.

(b) For what offences inflicted.

(c) With what type of instrument.

(d) How many strokes were given in each case.

8. Specimens of the instruments used in inflicting corporal punishment or an accurate description thereof shall as early as possible be forwarded to the Secretary of State.

Lord Lamington, K.C.M.G., &c.

16177-5

D

PUBLIC RECORD OFFICE

Reference :-

LICO.885

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

PUBLIC RECORD OFFICE, LONDON

917.

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