626
250
Hong Kong Annual Administration Reports, 1841-1941
PAPERS RELATING TO
Number convicted and punished (fined or imprisoned) by the
1877 -
1878-
Police Magistrates.
7,908
7,794
6,119
1879-
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 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 these 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, 40, 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
Page 645
Page 646
626
250
Hong Kong Annual Administration Reports, 1841-1941
PAPERS RELATING TO
Number convicted and punished (fined or imprisoned) by the
1877 -
1878-
Police Magistrates.
7,908
7,794
6,119
1879-
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 2 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 subse- quently. Most of these men returned to the Colony, and to that 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 these 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, 40, 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 earnest- ness the objections of his Excellency the Governor to flogging in
Page 645Page 646
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