I am not decisive about this matter. It is singular that the effects of the cat upon Chinese criminals should only be discovered after 12 years' employment of it, and at a time when its disuse is desirable. Dr. Ayres' report is in contrast to his readings to allow An-a-fu & M-a... to receive second floggings although the new skin was still tender.
But accepting the report as well-founded, the use of the Cat might be exchanged for the rattan - as in India and The Straits. I presume that a regulation of the Governor in Council would suffice to effect the change. But on the floggings in India & The Straits - public?
As regards Long-a-Kwai, the floggings in previous years, given in Hongkong on the best authority?
As regards the abolition of public flogging, which is part of the judgement of Competent Courts, the opinion of the Judges is required.
The bracketed reply to this is approving of remitting the second flogging in that particular case - mere deferment & passing an opinion on the general question. Others think the punishment of judicial flogging was introduced many years since for the especial object of checking crimes of violence, and that it has led to the belief that the security of the colony was obtained by this means.
It is argued that the remission of any particular flogging is an interference with the judgements of the Supreme Court, or of a competent magistrate's Court; and the total abolition of it introduces a great change in the administration of criminal justice. It does not appear whether this Committee or the Judges of the Supreme Court, or the magistrates with whom the power of inflicting such a punishment lies, and Sir John Bowring and Mr. May's long experience of the Chinese criminal code are of great value in this matter.
By all that Mr. Hennessy has taken the advice of his Council, which he has consulted before issuing the dispatch; and he is directed to procure reports from the Judges & from the magistrates, and at the same time to report what punishment is to be substituted.
As to Hong Kong, he is directed to report the present age and sentiments of the persons who were flogged in previous years, which are said to have reduced him to his present state.
The dispatch implies that they were inflicted at Hongkong, but I am unwilling to believe that such was the case, and as the only prisoner of this name in either of the Enclosures to GR1178/1922/32(III) appears in cell 13, undergoing 6/12 months H.L. Jsc., it will appear possible for him to have been also under the hands of the China authorities when treatment of this criminal is notoriously barbarous.
I might also ask whether Dr. Ayres' opinions on the effects of the cat upon the lungs of prisoners are shared by other medical men, or whether he has formed his own judgement.
Page 371
i
I am not Latifive about this matter _ It is singulan that the effects of the cat upon Chimae criminals should only to discovered at after 12 years Employment of it, a at a time when it's disuse is desime - Dr dyrs report of is an contrast to his readings to allow An-a-fu & M-a..
to reen second floggings although the new skin was still 10147. tender" : _ But accepting the report as well foundise the use Wthe Cal. might 2 eschamore for the rattan - as in India and The Straits - Ipresume that a regulation of the Governor in Commial wombe suffice to effect the change. But on the floggings in India & The Straits - public?
As regard Long-a. Kwain_ween the Freerichments in phictect years age, given in Huskong on besthimme authorities?
As regards the abolition ofpublic flopping, which is part of The judgement of Competent Conti, the opinion ofthe Jules
The bracke
by reply to this a 10047 approving of this remitting the second Flopping in that particular case- Met defen & passing an opini on the gene question. Oberer think the punishment of Jullin flogging was interdrand many years siner for the expical Objent of checking crimes at
immy of violence, a that d far
a that & Yarnawn has
Som led to Erline that the security of the colony was infrants
A
obtained by this means. Add that the remission of any
particular flopping is the do for an interference with
Excenteret the judgments of
ts of the Supreme Court, or of a competent magistrates Court; and the total abolition of it inertons a great change in the administration of criminal fustion. It does not appear whithin this committed the judges
his Council of on the magistrates
with who are as possible for infliction of such a punishment, and Sir John Somalia Mr May's long 26 Juniener of the Chimae criming bel
the
Wool Sendu
dunding
this
opinion of great value in
ons to the neuspits
371
and Efficary of such shower Junishment. By all that Mr Hennepsy
i have taken the adren of his minders which han consulted them behen issuing.
ther
he reports; a derive him to quocure reports from
L
The Juafes & from the magistrates, and at the Lame time to report what punishment de fuiforn
Zo substitute.
As to hony a krosi, disin him to report the pisomes age and sentimer &
A
Now nd of the punishments inflictual years
*
ass, which an daid to have redund him to kie Jres.state. The dispatch implies that they were inflictul at Hrysplay, but Loof is unwilling belian that such was the case, and as the only Fischer of this name in wither of the Enclosans to
9671 appear in me 13 cell of brand A = as undiging 6/12 mouthes
H.L. Jsc.
it will appesen,
H
popible for him to have been also under hands of the China authorities when twatment of thin criminal is notoriously barbarous -
1.29/8.
Ion might also ask whether D. Aynes opinions Wthe effects ofthe cals uper The lungs of prisoner is Shane by other muslinal men, on whether he has Jormund his thin
Jimin 2. Lark M. Deann his Juin
The Guerne
the
Gustin I he mayken Way-n-kwin M
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