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COOK-HOUSES' REMOVAL.-The present Superintendent has suggested to the Committee the propriety of recommending that the cook-houses be removed and rebuilt in the washing yard, where it is supposed there will be room for the operations of both cooking and washing.
There are great objections to the present position of the cook-houses. It intercepts the view from one end of the Gaol buildings to the other, rendering an additional sentry necessary, and is out of place altogether.
The removal of the building has been often strongly urged, and the Committee recommend that the Surveyor General be consulted and the building be removed if possible.
It may here be remarked that if the suggestion made of removing the Officers' quarters to the buildings at present occupied by the Magistracy be adopted, the present Turnkeys' cook-house could be used for the Gaol cook-house.
It has been already remarked, that the Committee think it extremely objectionable that the long sentenced prisoners who are now employed in cooking for the Gaol Officers should be allowed to come beyond the prison gates, as it is a relaxation of all discipline, and easy means of communication with the world outside are afforded. Coolies bringing necessaries for the use of the Gaol come constantly in contact with them.
Recommendation.-The Committee strongly recommend, that iron gates be erected at the end of each of the "ramps" as they are called, and that no prisoner be allowed on any pretence to go beyond them.
TREAD-MILLS.
The erection of "Tread-mills" would come under the heading of Gaol alterations. The experience collected in the various books and Reports on the subject goes to prove that the objections once entertained and still entertained by Sir WALTER CROFTON to the "tread-mill" as a punishment are groundless (Vide Prison Discipline 1868, page 88), and in a despatch of Lord GRANVILLE, (See Further Correspondence Prison Discipline in Colonies, page 38), it is stated to be most useful and deterrent. It would be especially adapted for the punishment of soldiers and sailors, who are committed in large numbers for offences against discipline.
Some years ago, it appears, a "Tread-mill" was in use in this Gaol, but it fell into disfavour, then into disuse, and was taken down.
The Surveyor General estimates the cost of a "Tread-mill" capable of holding 16 men at $2,000, and one suited to 8 men at $1,000.
The Committee think that "Tread-mills" might be introduced with great advantage into this Gaol, but they do not know anyone in the Colony who has had experience in their management.
GAOL STAFF.
The state of the Gaol staff is a very important question which has engaged the attention of the Committee.
The present number of Turnkeys is not sufficient. The Superintendent and the Warden consider their work excessive. Their hours of attendance are from 5.30 A.M. to 6 P.M., with intervals of an hour for breakfast, 1 hour for luncheon, an hour for dinner. Once a fortnight in turns they get Friday night from 5.30 P.M., Saturday night and all Sunday to themselves.
The Superintendent is of opinion that the class of men employed as Turnkeys should be improved. Very few of the present staff can write, which is certainly objectionable, as they cannot make entries in the Log and other books with their own hands. Mr. TOMLIN is of opinion that the salaries should be raised, and has sent in a body of suggestions to the Committee. As the enquiry involved a comparison with the pay of Police Officers, which is entirely beyond the question submitted to the Committee, they have contented themselves with laying Mr. TOMLIN'S statement before His Excellency.
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DRY EARTH SYSTEM.
The Superintendent and Warden have called the attention of the Committee to the vitiated state of the air in the wards in the early morning caused by the stench proceeding from the night buckets. It is not easy to suggest a complete remedy as there is great difficulty in procuring mould in Hongkong. The soil of the island, a sort of laterite or disintegrated granite, does not absorb the urine so well or deodorise it so thoroughly as mould. The great point, however, seems to be that the earth of whatever kind (except clay) should be dry and well sifted; When mixed with a small quantity of the common carbolic acid it would, it is believed, mitigate the nuisance.
PENAL SERVITUDE AND IMPRISONMENT WITH HARD LABOUR SENTENCES.
The Supreme Court has at present power to sentence a prisoner to two years imprisonment with hard labour, or to penal servitude for any period not under 3 years. But under the present Gaol system the words "Penal Servitude" in the sense which they bear in England as implying progressive stages of imprisonment and punishment have no meaning.
Long sentence prisoners after undergoing 6 months of penal diet and hard labour are for the residue of their term in many cases put to light labour such as cooking, service, washing, mat-making, and go through no real course of penal labour.
The Committee are strongly of opinion that prisoners condemned to penal servitude should, during the whole term of their sentences, pass periods on penal diet of at least a month and that 5 days every month and in the case of previous convictions 10 days such prisoners should be kept to real hard labour for at least 3 years of their sentence (Mr. TONNOCHY dissents.)
It is also recommended that the Ordinance No. 4 of 1863 be amended to meet the proposed alterations in the Regulations, and that the shortest term of Penal Servitude be increased to 5 years and of imprisonment with hard labour to 3 years if the distinction between the two is to be kept up, the advantages of which are doubtful.
It would certainly be desirable that the Judges should know more exactly to what amount and kind of punishment they are sentencing a prisoner and if the distinction between imprisonment with hard labour and penal servitude be preserved they should be more clearly defined.
During the course of the enquiry the attention of the Committee was called particularly by the Colonial Secretary to the subject of cutting off "queues" of Chinese prisoners.
By the present regulations except on grounds of health and cleanliness the "queues" of those prisoners only on whom sentences of 2 years and upwards have been passed are cut.
The Committee recommend that the rule at present existing be retained and that the "queues" of prisoners sentenced to 2 years imprisonment with hard labour and upwards be removed, but be allowed to grow for 6 months previous to a prisoner's discharge from Gaol.
In the case of 2nd convictions for 6 months or more up to 1 year, it is recommended that the queue should be cut off or not at the discretion of the Judge or Magistrate before whom the case is tried, such direction to be embodied and to form part of the sentence.
77
queues
182
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COOK-HOUSES' REMOVAL.-The present Superintendent has suggested to the Com- mittee the propriety of recommending that the cook-houses be removed and rebuilt in the washing yard, where it is supposed there will be room for the operations of both cooking and washing.
There are great objections to the present position of the cook-houses. It intercepts the view from one end of the Gaol buildings to the other, rendering an additional sentry necessary,
and is out of place altogether.
The removal of the building has been often strongly urged, and the Committee recommend that the Surveyor General be consulted and the building be removed if possible.
It may here be remarked that if the suggestion made of removing the Officers' quarters to the buildings at present occupied by the Magistracy be adopted, the present Turnkeys' cook-house could be used for the Gaol cook-house.
It has been already remarked, that the Committee think it extremely objectionable that the long sentenced prisoners who are now employed in cooking for the Gaol Officers should be allowed to come beyond the prison gates, as it is a relaxation of all discipline, and easy means of communication with the world outside are afforded. Coolies bringing necessaries for the use of the Gaol come constantly in contact with them.
Recommendation.-The Committee strongly recommend, that iron gates be erected at the end of each of the "ramps" as they are called, and that no prisoner be allowed on any pretence to go beyond them.
TREAD-MILLS.
The erection of "Tread-mills" would come under the heading of Gaol alterations. The experience collected in the various books and Reports ou the subject goes to prove that the objections once entertained and still entertained by Sir WALTER CROFTON to the "tread-mill" as a punishment are groundless (Vide Prison Discipline 1868, page 88), and in a despatch of Lord GRANVILLE, (See Further Correspondence Prison Discipline in Colonies, page 38), it is stated to be most useful and deterrent. It would be especially adapted for the punishment of soldiers and sailors, who are com- mitted in large numbers for offences against discipline.
Some years ago, it appears, a " Tread-mill' was in use in this Gaol, but it fell into disfavour, then into disuse, and was taken down.
The Surveyor General estimates the cost of a "Tread-mill" capable of holding 16 men at $2,000, and one suited to 8 men at $1,000.
The Committee think that "Tread-mills" might be introduced with great advantage into this Gaol, but they do not know anyone in the Colony who has had experience in their management.
GAOL STAFF.
The state of the Gaol staff is a very important question which has engaged the attention of the Committee.
The present number of Turnkeys is not sufficient. The Superintendent and the Warden consider their work excessive. Their hours of attendance are from 5.30 A.M. to 6 P.M., with intervals of of an hour for breakfast, 1 hour for luncheon, an hour for dinner. Once a fortnight in turns they get Friday night from 5.30 P.M., Saturday night and all Sunday to themselves.
The Superintendent is of opinion that the class of men employed as Turnkeys should be improved. Very few of the present staff can write, which is certainly objectionable, as they cannot make entries in the Log and other books with their own
( 13 )
hands. Mr. TOMLIN is of opinion that the salaries should be raised, and has sent in a body of suggestions to the Committee. As the enquiry involved a comparison with the pay of Police Officers, which is entirely beyond the question submitted to the Committee, they have contented themselves with laying Mr. TOMLIN'S statement before His Excellency.
DRY EARTH SYSTEM.
The Superintendent and Warden have called the attention of the Committee to the vitiated state of the air in the wards in the early morning caused by the stench proceeding from the night buckets. It is not easy to suggest a complete remedy as there is great difficulty in procuring mould in Hongkong. The soil of the island, a sort of laterite or disintegrated granite, does not absorb the urine so well or deodorise it so thoroughly as mould. The great point, however, seems to be that the earth of whatever kind (except clay) should be dry and well sifted; When mixed with a small quantity of the common carbolic acid it would, it is believed, mitigate the nuisance.
PENAL SERVITUDE AND IMPRISONMENT WITH HARD LABOUR
SENTENCES.
The Supreme Court has at present power to sentence a prisoner to two years im- prisonment with hard labour, or to penal servitude for any period not under 3 years. But under the present Gaol system the words "Penal Servitude" in the sense which they bear in England as implying progressive stages of imprisonment and punishment have no meaning.
Long sentence prisoners after undergoing 6 months of penal diet and hard labour are for the residue of their term in many cases put to light labour such as cooking, service, washing, mat-making, and go through no real course of penal labour.
The Committee are strongly of opinion that prisoners coudeuned to penal servitude should, during the whole term of their sentences, pass periods on penal diet of at least a month and that 5 days every month and in the case of previous convictions 10 days such prisoners should be kept to real hard labour for at least 3 years of their sentence (Mr. TONNOCHY dissents.)
It is also recommended that the Ordinance No. 4 of 1863 be amended to meet the proposed alterations in the Regulations, and that the shortest term of Penal Servitude be increased to 5 years and of imprisonment with hard labour to 3 years if the distinc- tion between the two is to be kept up, the advantages of which are doubtful.
It would certainly be desirable that the Judges should know more exactly to what amount and kind of punishment they are sentencing a prisoner and if the distinction between imprisonment with hard labour and penal servitude be preserved they should be more clearly defined.
During the course of the enquiry the attention of the Committee was called parti- cularly by the Colonial Secretary to the subject of cutting off "
of Chinese pri-
soners.
77
queues
By the present regulations except on grounds of health and cleanliness the "queues" of those prisoners only on whom sentences of 2 years and upwards have been passed
are cut.
The Committee recommend that the rule at present existing be retained and that the "queues" of prisoners sentenced to 2 years imprisonment with hard labour and upwards be removed, but be allowed to grow for 6 months previous to a prisoner's dis- charge from Gaol.
In the case of 2nd convictions for 6 months or more up to 1 year, it is recommend ed that the queue should be cut off or not at the discretion of the Judge or Magistrate before whom the case is tried, such direction to be embodied and to form part of the
sentence.
182
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