CO129-182 - Governor Hennessy - 1878 [9-12] — Page 193

Miclorure N1 in Governo Pore Hennepy's decratch 1.95 17 23 Sept: 1878

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[Nos. 248, 244 & 245.]

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SECHETARY'N_

OFFICE,

KONG, 29th March, 1878.

137

SIR,I am directed to forward your Honour for a copy of a Circular from Her Majesty's Secretary of State for the Colonies, dated 7th January, 1878, together with an extract from Lord CARNARVON'S despatch No. 3 of the 3rd January, 1878, relating to Public Flogging, and I am to state that His Excellency the Governor will be glad to receive any report or observation you may be able to make on the subject.

た

I have, &c.

J. GARDINER AUSTIN,

Colonial Secretary.

[No. 243.] The Honourable The Acting Chief Justice.

[,, 244.] His Honour The Acting Puisne Judge.

JC. MAY, Esq., 1st Police Magistrate, and

[,, 245.]{C. V. CREACH, Esq., Acting Police Magistrate and Acting Captain Superintendent of Police.

(Circular.)

DOWNING STREET,

7th January, 1878.

SIR-My attention has lately been specially directed to the existence of laws which, in various Colonies, sentence prisoners to be flogged in public, and I am inclined to the opinion that the practice is one which cannot be useful, and which may easily prove very demoralizing.

I desire, however, before coming to a final conclusion upon this subject, to receive a report from you stating whether Public Flogging is prescribed by law, and, if so, for what offences, and practised in the Colony under your government, and what is considered to have been the effect of this form of punishment, and I shall of course be glad to receive any observations on the subject generally which may occur to you.

The Officer Administering the Government of Hongkong,

I have, &c.

CARNARVON.

Extract from Despatch No. 3 dated Downing Street, 3rd January, 1878, from Lord CARNARVON to Governor POPE HENNESSY, C.M.G.

Whilst I am by no means opposed to the use of corporal punishment within proper limits, with the due safeguards and when applied to particular offences, I personally entertain a strong opinion that the practice of flogging prisoners in public cannot be useful, and may easily become demoralizing. I an satisfied that this is the case in civilized and I believe that it is likely to be so in partially civilized communities,living it may be under peculiar customs and the influence of peculiar feelings or traditions; and as the question of its continuance at Hongkong is now fairly raised, I have no hesita- tion in expressing my objection to the practice, and I shall be glad if it can be eventually given up.

I

am at this moment engaged in considering this question in connection with all the Crown Colonies, and I do not therefore desire you at present to make any alteration in the law by amending any Ordinance under which Public Flogging is inflicted. I feel satisfied that the foregoing expression of my views will be sufficient to induce the Judges and the Magistrates to refrain from sentencing offenders to be publicly whipped, pending my consideration of the subject; but in addition to the information which will be asked for shortly in a Circular Despatch, I shall wish to be furnished at the end of June, 1878, with Reports by the Judges, the Magistrates and the Chief of Police, informing se whether the discontinuance of public flogging has been followed by any increase of the crimes for which it has hitherto been inflicted. In the meanwhile, I am confident that, I can rely upon the Judicial Officers of the Colony for their ready cooperation with me in the manner which

indicated.

have now