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Mogging limited to 12 strokes

at any one

time,

Definition

of word "Court."

Short Title.

102

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.”

Passed the Legislative Council this 30th day of May, in the year of our Lord one thousand eight hundred and ninety-nine.

M. H. D. BERESFORD,

I assent.

HARRY THOMPSON,

Administrator of the Windward Islands.

28th October, 1899.

Clerk of Councils.

103

the ground that Visitors are, as a rule, of lower official rank than the Superintendents of Prisons. I am not, however, disposed to adopt this suggestion, as I think it important to maintain the influence of Visitors, who, coming from the outside, presumably, are likely to take an impartial view. In this connection I observe that the list of Visitors enclosed in your despatch under acknowledgment contains, apparently, no unofficial person, and I would ask you to consider whether suitable unofficial Visitors could not be found.

be

4. It will be necessary to amend section 67 of the Prisons Ordinance, 1877, by altering" 25 lashes or 30 stripes" to "24 lashes or 24 stripes"; at the same time it would be well to amend section 65 by reducing the uumber of stripes which may ordered by the Superintendent from 20 to 12, and, at the same time, you may, if you think fit, take the opportunity of amending section 6 of Ordinance 24 of 1890 hy altering any two Visitors into the Superintendent acting with one or Visitors."

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more

5. If this change in the law is made, I shall be glad if you will, when forwarding the annual report as to the number of floggings inflicted during the year, include a special statement as to the effect of the new arrangements.

I have, &c.,

J. CHAMBERLAIN.

PUBLIC RECORD OFFICE

Reference :-

PIC.O.885

7

PUBLIC RECORD OFFICE, LONDON

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

ATTORNEY-GENERAL'S REPORT.

Report on Ordinance 2 of 1899, entitled "An Ordinance to Regulate Sentences of Flogging and Whipping."

Section 1 removes a doubt as to whether a magistrate who substitutes whipping for a fine or imprisonment has power to detain the offender until evidence is forthcoming as to the latter's ability to undergo the punishment.

2. Section 2 reduces the number of strokes to 12, a reduction sanctioned by the Secretary of State's despatch, Grenada, No. 104, of 30th September, 1899.

3. The Ordinance is one to which assent may properly be given.

7th November, 1899.

27953/98.

SIR,

No. 79.

CEYLON.

LESLIE PROBYN,

Attorney-General.

MR. CHAMBERLAIN to GOVERNOR SIR J. WEST RIDGEWAY. (No. 419.)

Downing Street,

December 13, 1899. I HAVE had under my consideration your despatch, No. 379, of the 18th November, 1898, relative to the infliction of corporal punishment on prisoners for prison offences. I have also had the advantage of further ascertaining your views on this subject while you were on leave of absence in this country.

*

2. I approve your decision generally, to limit the powers of Assistant Superin- tendents in the matter of ordering corporal punishment. am. however, of opinion that these powers should be further limited by laying down that no Assistant Superintendent should be allowed to exercise this power unless specially authorised by the Governor to do so, and then only, as proposed by the Inspector-General of Police, in the absence or the illness of the Superintendent. The case where an Assistant Superintendent has not been so specially authorised by the Governor will be met by the provision in section 4 of Ordinance 24 of 1890, which empowers a Visitor to act in the absence of the Superintendent.

3. I have considered the suggestion made by you, while in this country, that the Visitors' powers of ordering corporal punishment should be abolished or modified, on

• No. 47.

36241.

No. 80.

CYPRUS.

HIGH COMMISSIONER SIR W. F. HAYNES SMITH to MR. CHAMBERLAIN.

(Received December 30, 1899.)

(No. 261.)

SIR,

[Answered by No. 82.]

Government House, Nicosia, December, 19, 1899.

I HAVE the honour to acknowledge the receipt of your despatch, No. 111, of the 4th of August last,* on the subject of the cases in which the punishment of flogging can be inflicted in Cyprus.

2. On the receipt of your despatch, No. 78, of the 9th June last, on the subject of flogging, the papers were sent to the Queen's Advocate "to note for what offences other than prison offences the punishment of whipping or flogging could be awarded," and he reported that the punishment of flogging or whipping could not be awarded for any offences other than prison offences, and on this report my despatch was sent. I have asked him for an explanation of the omission to refer to the power of the Chief Commandant to order 50 lashes to be inflicted on Zaptiehs in certain cases, and he has replied that his attention was directed by the reference in the 3rd paragraph of your despatch, No. 78, of the 9th June last,† to cases where corporal punishment has been ordered either by a Court or for prison offences," to the powers of the ordinary courts and prison authorities, and that he omitted to notice the power of the Chief Comman- dant in controlling the police force.

*

3. The power of the Chief Commandant to award corporal punishment under sections 17 and 18 of Ordinance No. II. of 1878, has never been exercised so far as can be traced. If a Bill were to be introduced into the Legislative Council merely reducing the number of lashes from 50 to 24 the élected members would amend the Bill by re- pealing those portions of the sections referred to which give power to order corporal punishment at all. The power in the present condition of the island is, I think, un- necessary, and I would therefore ask your permission to introduce a Bill repealing so much of these sections as empowers the Chief Commandant of Police to award corporal punishment in certain cases on offending Zaptiehs.

I have, &c.,

• No. 73.

W. F. HAYNES SMITH.

† No. 62.

E

1163.

104

No. 81.

GAMBIA.

ADMINISTRATOR SIR R. B. LLEWELYN to MR. CHAMBERLAIN.

(No. 100.)

SIR,

(Received January 10, 1900.)

Government House, Bathurst, Gambia,

December 18, 189.

have the WITH reference to your despatch, No. 29,* dated the 12th of June, honour to enclose a copy of the amendment, passed in Executive Council, to Prison Regulation, No. 80, by which the number of lashes permitted to be inflicted on a prisoner is limited to 24.

I have, &c.,

R. B. LLEWELYN,

Administrator.