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take place. sufficiently seriously considered by natives, and the infliction of lashes may therefore "This particular case seems a bad one, and the crime of perjury is, I imagine, not

I am generally opposed to the infliction of lashes, except for-

(1) Crimes of violence, e.g., rape, robbery with violence. But in order to prevent possible miscarriage of justice in future I will state that

"(2) Second convictions for thefts of stock, or where stock thieving is rampant

Copy of Endorsement by Resulent Commissioner on Case 2.

and a prompt deterrent is necessary.

or double sentence, so that I can remit one or the other.

"If you wish lashes inflicted in other cases, it will be well to inflict an alternative I should be sorry to see Moloi

"(3) Escapes from gaol and gross and repeated insubordination in gaol.

go scot free."

Enclosure 2 in No. 41.

(No. 114. Bechuanaland Protectorate.) From the HIGH COMMISSIONER, Cape Town, to the RESIDENT COMMISSIONER, Mafeking.

SIR,

Government House, Cape Town,

August 20, 1897.

7th instant, enclosing returns of cases in which corporal punishment has been inflicted I HAVE the honour to acknowledge the receipt of your despatch, No. 87, of the

as a punishment for offences.

of prison offences for which corporal punishment may be awarded.

similar lines in all parts of the Protectorate.

forwarded as a guide, and I have no objection to "malingering" being added to the list fact, as it is important that the punishment of offenders should be carried out on centage at Palapye, and it would be well to call Mr. Ashburnham's attention to the

The model prison rules enclosed in the Secretary of State's despatch were only punishment, or 23-8 per cent. I am not aware of any special reason for the higher per- to be flogged, or 5 32 per cent.; at Palype, out of 63 offenders, 15 were awarded corporal I notice that whereas at Gaberones, out of 134 offenders only eight were sentenced

His Honour

22988

The Resident Commissioner, Mafeking,

No. 42.

I have, &c.,

Governor and High Commissioner.

A. MILNER,

SIR,

BRITISH GUIANA.

GOVERNOR SIR W. J. SENDALL to MR. CHAMBERLAIN.

(No. 312.)

(Received October 12, 1898.)

[Answered by No. 44.]

features of aggravation, such as offences committed in combination or accompanied with one or more previous convictions are recorded against the offender, or cases which present introduce an Ordinance restricting the infliction of corporal punishment to cases where the punishment of flogging for prædial larceny, I propose, with your approval, to to state that, having consulted the Executive Council upon the subject of the infliction of WITH reference to my despatch, No. 276, of the 17th of August, I have the honour

Government House, Georgetown, Demerara,

September 27, 1898.

violence or with threats of violence.

it is very easy to commit, cultivated lands being universally unenclosed, and it is more be regarded by many here with feelings of apprehension. The offence itself is one which 2. I am aware that any relaxation of the law with respect to this class of crime will

• No. 35.

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PUBLIC RECORD OFFICE

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C.O.885

Reference :-

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PUBLIC RECORD OFFICE, LONDON

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serious in its social consequences than would appear from the more value of the property stolen.

3. The owners and cultivators of the plots of plantains, cassava, &c., which are the subject of these depredations, belong to that class of small proprietors and occupiers whom it is the policy of the Government to encourage and protect. It robberies of the kind under consideration were frequent, or were to become so through being inadequately dealt with, not only would the small cultivators be seriously injured and discouraged, but they would almost certainly resort to violence for the protection of their property.

4. I propose, therefore, to give power in the law to the Governor, with respect to any district in which there is a tendency for crimes of predial larceny to become frequent, to proclaim the district, with the effect of removing within its limits the restrictions imposed by the law upon the infliction of corporal punishment for this class of crimes.

5. I believe that by such a measure the importance which the Government attaches to this subject would be more effectively emphasised than it would be by fnaintaining, in normal and ordinary circumstances, a kind and degree of punishment more properly reserved for circumstances of an exceptional character.

6. With regard to paragraph 4 of your despatch, No. 57, of the 7th of March,* the Council agreed with the opinion therein expressed that the maximum number of strokes allowed by law at any one flogging, viz., 39, is unduly high, and it is proposed to reduce

it to 25.

23292.

I have, &c.,

WALTER J. SENDALL,

Governor.

No. 43.

HONG NUNG

ACTING-GOVERNOR BLACK to MR. CHAMBERLAIN.

(Received October 17, 1898.)

(No. 259.) SIR,

Government House, Hong Kong,

September 14, 1898.

In reply to your despatch, Hong Kong, General, of the 29th July last,† calling attention to your Circular despatch of the 25th May, 1897, on the subject of the punishment of flogging, I have the honour to refer you to my despatch, No. 53, of the 4th March last, transmitting a copy of the Report of the Superintendent of the Gaol for 1897, to which was appended a returns of the floggings inflicted during the year.

2. As this return was copious, and furnished all the information required by paragraph 9 of your Circular despatch already adverted to, it appeared to be needless to furnish you with another return independent of that attached to the annual report. 3. I am informed by the Superintendent of the Gaol that the number of whip- pings inflicted last year was the lowest known in at least the recent history of that

institution.

4. It also seems desirable to remark that, whereas European prisoners prefer to work to kill time, Asiatic prisoners are by nature so indolent that they prefer idle con- finement in a punishment cell to labouring in the yards. This accounts for the large number of "refusals to labour," as well as for any disproportion between the times whipping is resorted to as a punishment in the case of Asiatic and non-Asiatic prisoner's in comparison with the respective numbers of both classes.

I have, &c.,

W. BLACK,

Major-General, Administering the Government.

• No. 19.

† 9614/97 not printed.

+

Printed herewith as an annexure.

† 7655: not printed.

HONG KONG/7655/48.