CO129-011 - Sir John Davis - 1845 [1-4] — Page 43

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

the Triad Society completely justifies the adoption of the most vigorous measures for suppressing and punishing them and for all persons who shall become Members of them. The same considerations vindicate the propriety of the decisions to deliver up to the Chinese Authorities any Sailing who may escape from the penalties which they may have incurred in China.

It is, however, not equally evident that the Ordinance which was transmitted is properly framed. First, It makes no exceptions in favour of persons who may have joined the Triad Society in ignorance of its designs or under the influence of terror. The latter case, as appears from the Particulars of the Case of the 21st January is not infrequent really. An illustration...

Secondly, an indelible stigma inflicted on the cheek of a Criminal, even if final, when attended by fine (as I presume was intended in this instance) is yet evidently objectionable as fastening on the malefactor a stigma from which he could never be rescued by any future good conduct. It would consign him to a life of infamy and finally obstruct his return to honest and reputable society.

Thirdly, The Ordinance subjects to similar penalties the members of all Secret Societies. But mere membership, in the terms of an Association, would scarcely seem to require a punishment so severe or, perhaps, any punishment at all. Fourthly, Exclusion from the Colony is itself an indefinite punishment. It does not offer whether the man is to be banished for life or for any short period, nor what is to be the penalty of returning from such a banishment.

Fifthly, It has been stated by a Member of the House of Commons in his place in that House, that by a recent Edict or law of the Chinese Government a number of Triad Society members may be put to death at once, and without any formal trial.

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the Triad Society completely justifies the adoption of the most vigorous measures for suppressing and punishing them and for all persons who shall become Members of them. The same considerations vindicate the propriety of the decisions to deliver up to the Chinese Authorities any Sailing who may escape from the penalties which they may have incurred in China. It is, however, not equally evident that the Ordinance which was transmitted is properly framed. First, It makes no exceptions in favour of persons who may have joined the Triad Society in ignorance of its designs or under the influence of terror. The latter case, as appears from the Particulars of the Case of the 21st January is not infrequent really. An illustration... Secondly, an indelible stigma inflicted on the cheek of a Criminal, even if final, when attended by fine (as I presume was intended in this instance) is yet evidently objectionable as fastening on the malefactor a stigma from which he could never be rescued by any future good conduct. It would consign him to a life of infamy and finally obstruct his return to honest and reputable society. Thirdly, The Ordinance subjects to similar penalties the members of all Secret Societies. But mere membership, in the terms of an Association, would scarcely seem to require a punishment so severe or, perhaps, any punishment at all. Fourthly, Exclusion from the Colony is itself an indefinite punishment. It does not offer whether the man is to be banished for life or for any short period, nor what is to be the penalty of returning from such a banishment. Fifthly, It has been stated by a Member of the House of Commons in his place in that House, that by a recent Edict or law of the Chinese Government a number of Triad Society members may be put to death at once, and without any formal trial.
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7 the Iriad Society completely justifir the adoption of the snout vigorous measures for enffiessing punishing theme and for all persons who shall become Members of them. The same considerations vindicate the propriety of the decisions que to deliver af to the Chewere пр Members of the Fried such aflage in King Somment any Sailing who may Shing from the penalties which they may have incurred in China. have It si, however, not equally evident that the Ordinance which gov transmitted in property framed. First, It makes no exceptions in farom of persons who may have joined the Friad Socialing in ignorance of its designs under the influence of terror. The latter case, as affees from the Particift to Calgary four (Derfetch of the 21th January is not infrequent beatly. An iältt Secondly, indelible mache vinchrested on the check of a Criminal, even if inal, wen ich mattended by fein, (as I pores was would be the case in instamon ) is get evidently ob1⁄2 :-jectionable as farting on the malingen, stigma poms which he could never be rescued be by any future conduct. It won'ts consegne Corste of good hiin t formancel inferny and is finally ob permanent w. :stuct his return to oisture and his missions into uputable losialing bristly. Hendly, The Ardinane suljects to similar penalties the members of all heart Societies. But more herey, in bl terms of an Association, would scarcely hment so severe. seems to require a punishment or, perhaps, any punishment at all. Tonethly. Exhibion from the Soland is themely indefinit penishment. I does not offere whether the mas or for any banishment for life, ho meaning short what in the penalling of returning from such a benishment. Siftlly. It has been stated by a homber of the House of Commons in his place in that trase, Whirl by a recent Edict or daw of the Chinese Government a kumber of In Find Society may be put to death at once, and without any formal trial
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7

the Iriad Society completely justifir the adoption of the snout vigorous

measures for enffiessing punishing

theme and for all persons who shall become

Members of them. The same considerations

vindicate the propriety of the decisions que

to deliver af to the Chewere

пр

Members of the Fried

such

aflage in King

Somment any Sailing who may Shing from the penalties which they

may

have incurred in China.

have

It si, however, not equally evident that the Ordinance which gov transmitted in property framed. First, It makes no exceptions in farom of persons who

may have joined the Friad Socialing in ignorance of its designs under the influence of terror. The latter case, as affees from the Particift to

Calgary

four (Derfetch of the 21th January is not infrequent beatly. An iältt

Secondly,

indelible

mache vinchrested on the check of a

Criminal, even

if

inal, wen ich mattended by fein, (as I pores was would be the case in

instamon ) is get evidently

ob1⁄2

:-jectionable as farting on the malingen,

stigma poms which he could never

be rescued be

by any future

conduct. It won'ts

consegne

Corste

of good

hiin t

formancel inferny and is finally ob

permanent

w.

:stuct his return to oisture and his

missions into uputable losialing

bristly.

Hendly, The Ardinane suljects to similar penalties the members of all heart Societies. But more

herey,

in bl

terms of an Association, would scarcely

hment so severe.

seems to require a punishment

or, perhaps, any punishment at all. Tonethly. Exhibion from the Soland is themely indefinit penishment. I does not offere whether the mas

or for any banishment for life,

ho

meaning

short

what in

the penalling of returning from such a benishment. Siftlly. It has been stated by a homber of the House of Commons in his place in that trase, Whirl by a recent Edict or daw of the Chinese Government a kumber of In Find Society may be put to death at once, and without any formal trial

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