CO129-033 - General Stavely - Lieut. Governor - 1850 [5-8] — Page 175

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

2

at length with

my

for extending the

Royal Clemency to the Convicts; but as the

subject of Piracy in

this

quarter has of late engaged much public attention in England, it appeared to me to be proper that I should fully explain the motive by which I have been actuated, especially as the Chief Justice was of opinion that the sentence of death should be carried into execution.

3.

the transaction can be understood only by reference to the circumstances under which it is placed. I enclose the Notes of the Chief Justice taken at the trial, from which, however, but few particulars attending the case can be gathered, and nothing from which it is possible to measure the degrees of culpability of the several Convicts. The facts of the case, however, I find on reference to the depositions taken before the committing Magistrate, are simply these: The plundered Junke belonged to a port in China, and was the property of a Chinese Subject; she had been on a trading voyage to the Straits of Malacca, and on her return was attacked on the high seas by another Chinese Junk in which were these Prisoners, off the Coast of Hainan, some 300 miles distant from this Island: none of the parties, either accused or otherwise connected with the transaction, were in any way connected with the British Government, and none of the property plundered on the occasion belonged to British Subjects, or to others residing under its protection.

4.

To inflict punishment for taking away the lives of others under such circumstances is not the most justifiable. Causing the lives of these men to be taken would have been done under the persuasion that doing so would deter others from committing similar crimes, and, had the offenders been British Subjects, or had the outrage occurred in the vicinity of this Island, or British property been in any way molested, I should, I confess, have been disposed to permit the sentence of the Law to take its course on some of the Prisoners

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2 at length with my for extending the Royal Clemency to the Convicts; but as the subject of Piracy in this quarter has of late engaged much public attention in England, it appeared to me to be proper that I should fully explain the motive by which I have been actuated, especially as the Chief Justice was of opinion that the sentence of death should be carried into execution. 3. the transaction can be understood only by reference to the circumstances under which it is placed. I enclose the Notes of the Chief Justice taken at the trial, from which, however, but few particulars attending the case can be gathered, and nothing from which it is possible to measure the degrees of culpability of the several Convicts. The facts of the case, however, I find on reference to the depositions taken before the committing Magistrate, are simply these: The plundered Junke belonged to a port in China, and was the property of a Chinese Subject; she had been on a trading voyage to the Straits of Malacca, and on her return was attacked on the high seas by another Chinese Junk in which were these Prisoners, off the Coast of Hainan, some 300 miles distant from this Island: none of the parties, either accused or otherwise connected with the transaction, were in any way connected with the British Government, and none of the property plundered on the occasion belonged to British Subjects, or to others residing under its protection. 4. To inflict punishment for taking away the lives of others under such circumstances is not the most justifiable. Causing the lives of these men to be taken would have been done under the persuasion that doing so would deter others from committing similar crimes, and, had the offenders been British Subjects, or had the outrage occurred in the vicinity of this Island, or British property been in any way molested, I should, I confess, have been disposed to permit the sentence of the Law to take its course on some of the Prisoners
Baseline (Original)
2 at length with my for extending the Royal Clemency to the Couricts; but as the subject of Piracy in thi quarter has of I late engaged appears much public attention in England, it to me to be proper that I should fully explain the motive by which I have been actuated, sore- expesially as the Chief Iuction Inction was of opinion that the sentence of death should be "eanried_ into excention. 3. the transaction can which it is I enclose the Notes of the Chief Instice taken at the trial, from which, however, but few particular attending be gathered, and nothing from which possible to measure the degrees of culpability of the several Convicts. The facts of the however, I find on reference to the deprcitions taken before the committing. Magistrate, simply these :_ The plusedered Junte belonged to a port in China, and China, and was the property of Chinese Subject ; she had been on ai Case, are trading voyage return to the Straits of Malasex, and on 3 170 her was attacked on the bit Inne by another Chinese Junk in which were these Prismes, off the Coast of Sainan, some 300 miles distant from this Seland: none accused, RECKIOVIM AC of the porties, either were in any way coinceted with the British Government, and noe of the property plundered on the recasion belonged to "British Subjects, or to other residing under its protection. 4. To Any for taking away the mind the moet justifiable. Caute the lives of these men would have been the persuasion that doing so would deters others FIMIL -L- been committed in the Commission of similar crimes, and, had the offenders been British- Subjects, or had the outrage the vicinity of this Seland, or British property been in any way molected, I should, I omifere, have been disposed to permit the sentence of the of the Prismors Law to take its couse on some
2026-05-17 16:48:02 · Baseline
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2

at length with

my

for extending the

Royal Clemency to the Couricts; but as the

subject of Piracy in

thi

quarter has of I

late engaged appears

much public attention in England, it

to me to be proper that I should fully explain the motive by which I have been actuated, sore- expesially as the Chief Iuction

Inction was of opinion that the sentence of death should be "eanried_ into excention.

3.

the transaction can

which it is

I enclose the Notes of the Chief Instice taken at the trial, from which, however, but few particular attending be gathered, and nothing from which possible to measure the degrees of culpability of the several Convicts. The facts of the however, I find on reference to the deprcitions taken before the committing. Magistrate, simply these :_ The plusedered Junte belonged to a port in China, and

China, and was the property of

Chinese Subject ; she had been on ai

Case,

are

trading

voyage

return

to the Straits of Malasex, and on

3

170

her

was attacked on the bit Inne by another

Chinese Junk in which

were these Prismes, off

the Coast of Sainan, some 300 miles distant from this Seland: none

accused,

RECKIOVIM AC

of the porties, either

were in

any way

coinceted

with the British Government, and noe

of the

property plundered on the recasion belonged to "British Subjects, or to other residing under its protection.

4.

To Any

for taking away

the

mind the

moet justifiable.

Caute

the lives of these men would

have been the persuasion that doing so would

deters others

FIMIL

-L-

been committed in

the Commission of similar crimes, and, had the offenders been British- Subjects, or had the outrage the vicinity of this Seland, or British property been in any way molected, I should, I omifere, have been disposed to permit the sentence of the

of the Prismors

Law to take its couse on some

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