CO129-122 - Sir MacDonnell - 1867 [5-6] — Page 80

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

77

8

of

1866 relative to branding and flogging

be allowed.

om

should

which a

whereas

viz branding, where parties voluntarily

petition for release on that condition and

flogging

if after being branded they return to the colony

and are convicted of any

crime.

it to be Your Grace's

presume it to be

intention

that the latter two provisions should be made

a branded criminal

not merely returns in violation of the condition

on which a prisoner had obtained his release

a criminal

returning hereafter will

than before

find himself in no worse position than before his release. Moreover, as no one commits a crime when he thinks detection likely, the fear

of a flogging on being subsequently detected in

a new

crime

can

only exercise

a remote and

weak influence

over the Criminal

Nevertheless, as the argument by which I

supported that view has

been fully before

Your Grace, nothing

remains but to

conformity therewith.

3. Such a provision must obviously prove far less deterrent than that

now

occasionally enforced. The flogging

which I propose, would be the

immediate

consequence of a voluntary breach of the condition

on which his release

was sanctioned, but is

suggested by me,

also committed subsequently of any crime.

5.

1 give effect

to Your Grace's instruction by altering

Ordinance in

conformity therewith.

In reference to the other

question, the suppression of gambling, and the corrupting influence which the present state of the Law exercises over the Police, my recent

3

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77 8 of 1866 relative to branding and flogging be allowed. om should which a whereas viz branding, where parties voluntarily petition for release on that condition and flogging if after being branded they return to the colony and are convicted of any crime. it to be Your Grace's presume it to be intention that the latter two provisions should be made a branded criminal not merely returns in violation of the condition on which a prisoner had obtained his release a criminal returning hereafter will than before find himself in no worse position than before his release. Moreover, as no one commits a crime when he thinks detection likely, the fear of a flogging on being subsequently detected in a new crime can only exercise a remote and weak influence over the Criminal Nevertheless, as the argument by which I supported that view has been fully before Your Grace, nothing remains but to conformity therewith. 3. Such a provision must obviously prove far less deterrent than that now occasionally enforced. The flogging which I propose, would be the immediate consequence of a voluntary breach of the condition on which his release was sanctioned, but is suggested by me, also committed subsequently of any crime. 5. 1 give effect to Your Grace's instruction by altering Ordinance in conformity therewith. In reference to the other question, the suppression of gambling, and the corrupting influence which the present state of the Law exercises over the Police, my recent 3
Baseline (Original)
77 8 of 1866 relative to branding and flogging be allowed. om should which a whereas viz branding, where parties voluntarily petition for release on that condition and flogging if after being buanded they return to the batony and are amvicted of any V. j crime. it to be Your Grace's presume it to be intention that the latter two provisions should be made branded criminal not merely returns in violation of the condition prisoner had obtained his release_ a criminal returning hereafter will than before find himself in no worse position than his release. Moreover, as no one commits a crime when he think's detection likely, the fear of a flogging on being subsequently detected in a new crime can weak influence only excercise a remote und lap. over the Criminal Neverthelets, as the argument by which I cumulative, es in other words that flogging is but to be inflicted unles H. a supported that view has Your Grace, nothing on which his release was sanctioned, but is suggested by me, also comicted sulesequently of any crime. 3. Such a provision must obviously prove far lefs deterrent than that and now occasionally enforced. The flogging ¡ which I propose, uculd be the would be the immediate A consequence of a voluntary breach of the condition سم مود mow been fully before remains but to to Your Grace's instruction by altering Ordinance in 5. 1 give effect the very important conformity therewith. In reference to the other question, the suppresion of gambling, and the corrupting influence which the present state of the Law exercises over the Pulice, my recent 3
2026-05-19 17:50:12 · Baseline
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77

8

of

1866 relative to branding and flogging

be allowed.

om

should

which a

whereas

viz branding, where parties voluntarily

petition for release on that condition and

flogging

if after being buanded they return to the batony

and are amvicted of any

V. j

crime.

it to be Your Grace's

presume it to be

intention

that the latter two provisions should be made

branded criminal

not merely returns in violation of the condition

prisoner had obtained his release_

a criminal

returning hereafter will

than before

find himself in no worse position than his release. Moreover, as no one commits a crime when he think's detection likely, the fear

of a flogging on being subsequently detected in

a new

crime

can

weak influence

only excercise

a remote und

lap.

over the Criminal

Neverthelets, as the argument by which I

cumulative,

es in other words that flogging

is

but to be inflicted unles

H.

a

supported that view has

Your Grace, nothing

on which his release

was

sanctioned, but is

suggested by me,

also comicted sulesequently of any crime.

3. Such a provision must obviously prove far lefs deterrent than that

and

now

occasionally enforced. The flogging

¡ which I propose, uculd be the

would be the immediate A

consequence of a voluntary breach of the condition

سم مود

mow

been fully before

remains but to

to Your Grace's instruction by altering

Ordinance in

5.

1 give effect

the

very important

conformity therewith.

In reference to the other

question, the suppresion of gambling, and the corrupting influence which the present state of the Law exercises over the Pulice, my recent

3

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