620
244
Hong Kong Annual Administration Reports, 1841-1941
PAPERS RELATING TO
of a small part of the sentences were also sanctioned by Her Majesty's Government and duly notified to the prisoners. The new gaol was barely finished when Sir Hercules Robinson was transferred to Ceylon, but the definite scale of remission of sentences had been worked successfully, from 1864 to the end of 1866.
*
43. In the Governor's Blue Book Report for 1866 (presented to Parliament in 1868) Sir Hercules Robinson's successor mentions that he took on himself in October 1866 the responsibility of abandoning the new and extensive gaol just completed on Stone Cutter's Island. About the same time he also modified the authorised scale of remissions of sentences by directing that there should be no remissions unless the prisoners consented to be marked permanently on the lobe of the left ear and deported; and to this, in a few months, he added the further condition that they should be flogged if found again in the Colony.
*
44. Under this new system 529 prisoners were branded and 110 flogged, when Mr. May, the Police Magistrate, expressed the opinion that "there was not any legal power by which branding could be inflicted or for flogging branded men simply for being within the Colony after deportation," and he requested that the opinion of the Attorney General might be taken on the subject. Sir Julian Pauncefote thereupon wrote, "since my return to Hong Kong in December 1868 I have heard of criminals being liberated upon certain conditions as to branding, deportation, and flogging, but I never was consulted until now as to the legality of these proceedings;" and he concludes a clear and well-drawn opinion by stating that the proceedings in question were illegal.
45. This unauthorised branding and flogging was at once stopped by an Executive order, and a disposition was shown to return to Sir Hercules Robinson's system. Thereupon highly respectable and very influential European residents held an indignation meeting and memorialized the Government in favour of branding and flogging Chinese criminals, instead of returning to Sir Hercules Robinson's system, which they pointed out would involve the cost of a new gaol and was in their opinion unsuited to the Chinese race, a race that they conceived to be incorrigibly bad; they pointed out the economy in prison expenditure of branding and deporting the Chinese, and, if they returned, flogging and deporting them, and again flogging and deporting them if they came back, and so on, ad infinitum, instead of feeding them in gaol and only liberating them on certain authorised conditions.
46. This led to the passing of Ordinance 4 of 1872, which is described in the Statute book of Hong Kong as "the branding and flogging Ordinance."
47. Under this Ordinance a printed form was used: "Return of prisoners in Victoria gaol, Hong Kong, who are eligible for remission of sentences in accordance with Ordinance 4 of 1872," the heading of one column being "date of completion of half sentence and willing to be marked." Sometimes this form was used.
620
244
Hong Kong Annual Administration Reports, 1841-1941
PAPERS RELATING TO
of a small part of the sentences were also sanctioned by Her Majesty's Government and duly notified to the prisoners, The new gaol was barely finished when Sir Hercules - Robinson was transferred to Ceylon, but the definite scale of remission of sentences Ind bean worked successfully, from 1864 to the end of 1866.
*
>
量
43. In the Governor's Blue Book Report for 1866 (presented to Parliament in 1868) Sir Hercules Robinson's successor,; men- tions that he took on himself in October 1866 the responsibility of abandoning the new and extensive gaol just completed on Stone Cutter's Island. About the same time he also modified the authorised scale of remissions of sentences by directing that there should be no remissions unless the prisoners consented to be marked permanently on the lobe of the left ear and deported; and to this, in a few months, he added the further condition that they should be flogged if found again in the Colony.
*
44. Under this new system 529 prisoners were branded and 110 flogged, when Mr. May, the Police Magistrate, ex- pressed the opinion that "there was not any legal power by "which branding could be inflicted or for flogging branded "men simply for being within the Colony after deportation," and he requested that the opinion of the Attorney General might be taken on the subject. Sir Julian. Pauncefote there upon wrote, "since my return to Hong Kong in December "1868 I have heard of criminals being. liberated upon certain "conditions as to branding, deportation, and flogging, but I
never was consulted until now as to the legality of these pro- "ceedings;" and he concludes a clear and well drawn opinion by stating that the proceedings in question were illegal
some
45. This unauthorised branding and flogging was at once stopped by an Executive order, and a disposition was shown, to return to Sir Hercules Robinson's system. Thereupon highly respectable and very influential European residents held an indignation meeting and memorialized the Government in favour of branding and flogging Chinese criminals, instead of returning to Sir Hercules Robinson's system, which they pointed out would involve the cost of a new gaol and was in their opinion unsuited to the Chinese race, a race that they conceived to be incorrigibly bad; they pointed out the economy in prison ex- penditure of branding and deporting the Chinese, and, if they returned, flogging and deporting them, and again flogging and deporting them if they came back, and so on, ad infinitum, instead of feeding them in gaol and only liberating them on certain authorised conditions.
!
46. This led to the passing of Ordinance. 4 of 1872, which is described in the Statute book of Hong Kong as "the branding ❝ and flogging Ordinance."
T
47. Under this Ordinanec a printed form was used:" Return "of prisoners in Victoria gaol, Hong Kong, who are eligible for "remission of sentences in accordance with Ordinance 4 of 1872," the heading of one column being "date of completion of half "sentence and willing to be marked.". Sometimes this form
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