69. But, whilst the powers conferred on me by Her Majesty's Commission enabled me to do this, I did not feel justified in recommending at once a revision of the statute book of Hongkong.
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70. A few years' experience however of the provisional measures I had adopted having shown that crime could be controlled and diminished without barbarous and unnecessary punishments, simply adhering to the well understood principles of prison discipline and of police administration, I recently submitted my final recommendations on these questions to Her Majesty's Government. In doing so, I transmitted various returns and reports showing the diminution of crime for the last three or four years.
71. Amongst the reports was one from the experienced head of the Supreme Court, Chief Justice Sir John Smale, in which he said :-
"His Excellency the Governor has restored the rule according to which Sir Hercules Robinson dealt with convicts.
"In 1866, the Executive, in order to avoid the expenses of a second gaol, gave conditional pardons, without reference to myself as Chief Justice, to hundreds of prisoners after having served very short portions of their sentences, the condition being that they should leave the Colony, and this practice was followed subsequently. Most of these men returned to the Colony, and to that I attribute the formation of an enlarged criminal community, from which the Colony has never since been freed. His Excellency the Governor, since about the end of a year after his arrival, re-established the rule of Sir Hercules Robinson, and referred the cases to the Judges, as Sir Hercules Robinson had done. Thus, mercy to those deserving of it has always been shown, whilst really dangerous characters have been kept in prison. Thus, also, the Judges act on the assurance that the precise sentence will be carried out, subject only to remission according to settled rules.
Although by law the Supreme Court has long been enabled, by special provisions, adequately to punish old offenders twice previously convicted, a practice prevailed at the Magistracy to deal with such offenders by repeated sentences of short terms of imprisonment. His Excellency the Governor, however, being impressed with the entire uselessness of these proceedings, induced the Magistrates to send all such old offenders for trial in the Supreme Court. At first this raised the number of prisoners for trial there greatly. The first monthly Calendar after the change raised the number of prisoners for trial to, I believe, forty, but when the adequate punishment of old offenders became known, subsequent Calendars soon returned to the usual rate, and some of the worst characters in the Colony were subject to long terms of imprisonment without any sensible increase in the inmates of the gaol.
"Flogging, as an additional punishment for crimes accompanied with violence, was introduced by Ordinance immediately after Chief Justice Adams and I had gone home on sick leave. He and I had always opposed its introduction. I am bound to say that on my return, after trial for a year, the universal satisfaction expressed at the result induced my reluctant acceptance of the system.
"I, however, was prepared to consider with very great earnestness the objections of His Excellency the Governor to flogging in public, supported as he was by the highest authority at home. Flogging being brutal and brutalizing, it appeared to me that flogging in private had both these characteristics, whilst it was largely wanting in the deterrent element addressed to the eyes of the lowest brutes in society, which, to me, had been its chief, if not its only recommendation. I rarely sentenced men to be privately flogged, but I soon became convinced, as I now am, that although the Ordinance might well remain unrepealed, it should be had recourse to only in very exceptional cases, and that, with rare exceptions, flogging may be avoided altogether.
72. Some general interest may, perhaps, be felt in the experiment begun in 1866 and continued for ten years in this Colony in the treatment of criminals by branding, flogging and deportation: and the consequences of stopping it and of pursuing a different system for the last four years, may possibly throw some light on the special question now agitating Australia and the United States as to the alleged criminal character of the Chinese race.
73. What has occurred here shows that, though a criminal population may be manufactured, the Chinese are not naturally a criminal population. On the contrary, I regard the Chinese as the least criminally disposed race I have seen in any part of Her Majesty's Dominions. Perhaps this might be explained by the fact that no other race in the world combines so many of the qualities that are the rational antidotes to crime: industry, temperance, frugality, and filial affection.
74. Reviewing the whole question, I, therefore, felt justified in suggesting last year to Her Majesty's Government that the Branding Ordinances be repealed, that Public Flogging be abolished by law, that all laws in Hongkong which impose flogging on persons of the Chinese race exclusively be repealed, that all flogging be abolished except for such offences as entail flogging in England, and that flogging on the back be abolished by law.
75. The Earl of Kimberley has approved of those recommendations. The draft Ordinance for carrying them into effect has been sanctioned by Her Majesty's Government, and in a few weeks the objectionable part of the penal legislation of Hongkong will be expunged from the statute book.
69. But, whilst the powers conferred on me by Her Majesty's Commission enabled me to do this, I did not feel justified in recommending at once a revision of the statute book of Hongkong.
by
70. A few years' experience however of the provisional measures I had adopted having shown that crime could be controlled and diminished without barbarous and unnecessary punishments, simply adhering to the well understood principles of prison discipline and of police adrainistration, I recently submited my final recommendations on these questions to Her Majesty's Government. In doing so, I transmitted various returns and reports showing the diminution of crime for the last three or four years.
71. Amongst the reports was one from the experienced head of the Supreme Court, Chief Justice Sir John Smale, in which he said :-
"His Excellency the Governor has restored the rule according to which Sir Hercules Robinson "dealt with convicts.
·
"In 1866, the Executive, in order to avoid the expenses of a second gaol, gave conditional pardons, without reference to myself as Chief Justice, to hundreds of prisoners after having served "very short portions of their sentences, the condition being that they should leave the Colony, and "this practice was followed subsequently. Most of these men returned to the Colony, and to that "I attribute the formation of an enlarged criminal community, from which the Colony has never since "been freed. His Excellency the Governor, since about the end of a year after his arrival, re-established "the rule of Sir Hercules Robinson, and referred the cases to the Judges, as Sir Hercules Robinson "had done. Thus, mercy to those deserving of it has always been shown, whilst really dangerous "characters have been kept in prison. Thus, also, the Judges act on the assurance that the precise "sentence will be carried out, subject only to remission according to settled rules.
Although by law the Supreme Court has long been enabled, by special provisions, adequately "to punish old offenders twice previously convicted, a practice prevailed at the Magistracy to deal "with such offenders by repeated sentences of short terms of imprisonment. His Excellency the "Governor, however, being impressed with the entire uselessness of these proceedings, induced the Magistrates to send all such old offenders for trial in the Supreme Court. At first this raised the "number of prisoners for trial there greatly. The first monthly Calendar after the change raised the "number of prisoners for trial to, I believe, forty, but when the adequate punishment of old offenders "became known, subsequent Calendars soon returned to the usual rate, and some of the worst "characters in the Colony were subject to long terms of imprisonment without any sensible increase “in the inmates of the gaol.
"Flogging, as an additional punishment for crimes accompanied with violence, was introduced "by Ordinance immediately after Chief Justice Adams and I had gone home on sick leave. He and I "had always opposed its introduction. I am bound to say that on my return, after trial for a year, "the universal satisfaction expressed at the result induced my reluctant acceptance of the system.
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4.
"I, however, was prepared to consider with very great earnestness the objections of His Excellency "the Governor to flogging in public, supported as he was by the highest authority at home. Flogging being brutal and brutalizing, it appeared to me that flogging in private had both these characteristics, whilst it was largely wanting in the deterrent element addressed to the eyes of the lowest brutes "in society, which, to me, had been its chief, if not its only recommendation. I rarely sentenced men "to be privately flogged, but I soon became convinced, as I now am, that although the Ordinance "might well remain unrepealed, it should be had recourse to only in very exceptional cases, and that, "with rare exceptions, flogging may be avoided altogether.
72. Some general interest may, perhaps, be felt in the experiment begun in 1866 and continued for ten years in this Colony in the treatment of criminals by branding, flogging and deportation: and the consequences of stopping it and of pursuing a different system for the last four years, may possibly throw some light on the special question now agitating Australia and the United States as to the alleged criminal character of the Chinese race.
73. What has occurred here shows that, though a criminal population may be manufactured, the Chinese are not naturally a criminal population. On the contrary, I regard the Chinese as the least criminally disposed race I have seen in any part of Her Majesty's Dominions. Perhaps this might be explained by the fact that no other race in the world combines so many of the qualities that are the rational antidotes to crime: industry, temperance, frugality, and filial affection.
74. Reviewing the whole question, I, therefore, felt justified in suggesting last year to Her Majesty's Government that the Branding Ordinances be repealed, that Public Flogging be abolished by law, that all laws in Hongkong which impose flogging on persons of the Chinese race exclusively be repealed, that all flogging be abolished except for such offences as entail flogging in England, and that flogging on the back be abolished by law.
75. The Earl of Kimberley has approved of those recommendations. The draft Ordinance for carrying them into effect has been sanctioned by Her Majesty's Government, and in a few weeks the objectionable part of the penal legislation of Hongkong will be expunged from the statute book.
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