CO885-(6-7) — Page 602

93

53

19883/97.

No. 65.

STRAITS SETTLEMENTS.

MR. CHAMBERLAIN to GOVERNOR SIR C. B. H. MITCHELL.

(No. 182.)

Downing Street, June 21, 1899.

S18,

I HAVE had under my consideration your despatch, No. 280, of the 17th August, 1897,* written in reply to iny circular despatch of 25th May, 1897, and enclosing a memorandum on the subject of flogging in the prisons of the Straits Settlements.

2. I have carefully read the arguments put forward in that memorandum, and I adhere to the opinion expressed in my circular despatch of the 25th May, 1897, that, when corporal punishment is resorted to, the maximum number of strokes, whether for prison offences or for punishment by order of a Court of Law, should be 24 for adults. You will recollect that the above was the maximum prescribed by me for prison offences in the Federated Malay States in paragraph 7 of iny despatch, No. 157, of the 28th October last, and unless you see any objection to such a course, I should be glad to see short ordinances passed, both in the Colony and in the Native States, to limit flogging in all cases accordingly.

3. I would also ask that, in accordance with the terms of paragraph 9 of despatch, annual returns of all floggings may be forwarded to this Office.

my

circular

4. I will not, under existing circumstances, interfere with the power conferred on Superintendents of Prisons, under section 11 of Order No. XIV. of 1872, of inflicting corporal punishment up to a maximum of 12 strokes, nor will I insist on reference being made to the Governor before any sentence of corporal punishment is carried out, since, in the circumstances of the Straits Settlements, such reference might involve delay in the infliction of the punishment.

5. The Governor should, however, carefully safeguard and scrutinize the powers of inflicting sentences of corporal punishment, and he will be held responsible for the abuse of those powers by any Government servant.

I have, &c.,

J. CHAMBERLAIN.

5. I shall be obliged to be informed whether it is your further wish that effect be your Circular despatch given by legislation to the instructions contained in paragraph 9 of

of the 25th May, 1897, or whether they are to be taken and viewed as standing orders to Governors.

I have &c.,

ALFRED MOLONEY,

Governor.

Enclosure 1 in No. 66.

GRENADA.

BILL FOR AN ORDINANCE to regulate scntences of flogging and whipping.

[

Be it enacted by the Governor with the advice and consent of the Legislative Council of the Colony of Grenada as follows:-

1. Whenever a juvenile offender is convicted of any offence punishable by fine or imprisonment, and in accordance with the power conferred by sub-section (2) of Section 79 of the Criminal Code, the Court substitutes the punishment of whipping in lieu of a fine or imprisonment, it shall be lawful for the Court to order that the offender shall be detained in custody for not more than forty-eight hours until the punishment shall have been inflicted.

2. Notwithstanding anything contained in Section 76 of the Criminal Code, or in Section 21 of the Cocoa and Nutmegs Ordinance of 1896, it shall not be lawful for the Court to sentence any person to receive more than twelve strokes at any one flogging.

3. The word "Court in this Ordinance shall have the same meaning as that given

to it in the Criminal Code.

4. This Ordinance may be cited as the Regulation of Corporal Punishment Ordinance 1899.

PUBLIC RECORD OFFICE

Reference :-

C.O.885

PUBLIC RECORD OFFICE, LONDON

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

16040

SIR,

No. 66.

WINDWARD ISLANDS.

GOVERNOR SIR C. A. MOLONEY to MR. CHAMBERLAIN.

(Grenada, No. 134.)

(Received June 22, 1899.)

[See No. 64: Answered by No. 76.]

Grenada, June 5, 1899.

In continuation of the correspondence as per margin, I have the honour to transmit a printed copy of a Bill entitled "An Ordinance to regulate sentences of flogging and whipping," which reached the third reading on the 30th ultimo, but to which I have refrained from assenting until I can hear whether its pro-

Secretary of State, Grenada, No. 29, 2nd March, 1899.

Governor, Grenada, No. 89, 30th April, 1899.

visions meet your wish.

2. The Attorney-General has, since the passing of the measure, questioned whether

it has not been passed under a misconception, pointing out that the Bill relates to strokes

on one occasion and does not deal with the principle of awarding two separate floggings.

I append a copy of his minute on the subject.

3. The Bill does not interfere with the decision of the Court to award under one sentence flogging once or twice, but it subjects such punishment to the limitation that not more than twelve strokes are to be inflicted at any one time in any case. My own opinion is accordingly that the Bill carries out your intention.

4. I have directed that coincidently with the passing of the law limiting Court floggings to 24 lashes, the Prison Rules shall be amended in like manner.

• No.?.

† 16858: not printed.

Nos. 51 and 55.

Enclosure 2 in No. 66.

ATTORNEY-GENERAL to COLONIAL SECRETARY.

HONOURABLE COLONIAL SECRETARY,

THE despatch seems to me to point out that the recent legislation has been passed under a misconception. It relates to strokes on one occasion, it does not deal with the principle of awarding two separate floggings. The law passed confused the strokes with the two punishments.

2. Paragraph 9 of the despatch has not as yet been given effect to by legislation.

31st May, 1899.

Attorney-General.

LESLIE PROBYN,

17720.

No. 67.

SIERRA LEONE.

ACTING-GOVERNOR MAJOR NATHAN to MR. CHAMBERLAIN.

(No. 193.)

SIR,

(Received July 10, 1899.)

[See Nos. 75 and 77.]

Government House, Freetown,

Sierra Leone, June 16, 1899. WITH reference to your despatch, No. 107, dated May 25th, 1899, asking to be informed whether I should advise that the law should be altered so as to limit the number

of lashes that may be inflicted by order of a court of law or for prison offences to 24,

• No. 58.