and with regard to cases for which Ordinances 12 of 1856 and 9 of 1857 also authorize Public Flog. ging, viz.:
(a.) Tree cutting.
(b.) Nuisances.
(c.) Refusing to aid Fire Brigade.
I have not given returns, as my records do not furnish the necessary information with sufficient
exactness of detail.
6. Table A contains a return of reported offences coming under Ordinance 12 of 1865, for the years Jane to May, 1874-1875, 1875-1876, 1876-1877, when public flogging was allowed as compared with the year June, 1877, to May, 1878, when it was stopped. Table *B is an amplification of Table A
7. From this comparison it appears that there has been an increase of violent crine during the last-mentioned period, but I am not prepared to say that this is probably owing to the cessation Public Flogging, inasmuch as I gather, although on this point I cannot write with certainty as I was absent from the Colony for most of the time in question, that an idea prevailed that not only Public, but all, Flogging was abolished.
8. I do not think that the abolition of Public Flogging will cause an increase of crime, provided that it is known that the power of ordering the Private Flogging of such offenders as merit it remains, 9. In no case do I see the necessity for Public Flogging taking place at a distance, as heretofore of a mile from the Gaol, so that prisoners after having received their punishment have the additional pain of walking that distance.
I have the honour to be,
Sir,
Your most obedient Servant,
The Honourable J. M. PRICE,
Acting Colonial Secretary,
<f
$c.,
&c.
* These Returns are being revised.
W. M. DEANE, Captain Superintendent of Polica
Enclosure N. 2 in Gorma
Governor Bore Hennesy's Despenten 199507 22′′ Septe 1878
Extract from Minutes of the Executive Council, held on the 8th August, 1877,
101
His Excellency next refers to Dr. AYRES' report on flogging, wherein he states that the flogging of Chinese on the back, as at present administered in the Colony, led to pulmonary disease. The Tolonial Surgeon specially mentioned the case of WONG-A-KWAI, but there were others which supported . AYRES' theory. The matter had been referred to their Honours the Judges. The letters from the Judges are read and reply sent to Chief Justice.
Extract from Minutes of the Executive Council, held on the 18th February, 1878. "His Excellency, referring to the subject of public floggings, calls the recollection of the Honourable Members to the correspondence he had formerly laid before the Council, in which the Chief Justice had stated that in the present state of the law, there were certain offences for which, in his opinion, he was left no option but to sentence to public floggings prisoners convicted of them, and His Excellency takes this opportunity to read an extract from a Despatch from Lord CARNARVON, No. 3 of the 3rd January, 1878, in which His Lordship expresses his opinion in favour of discontinuing public flogging, which he considers likely to be demoralizing in civilized or partially civilized communities, but intimates at he does not wish any alteration to be made in the law at present, until he shall have received replies to a Circular Despatch which he is about to issue on the subject of public flogging.
(4
Meanwhile, the Judges and Magistrates in Hongkong are not to sentence to public flogging. "The Governor adverts to the consideration the question has received more than once in Council, end believes that Honourable Members shared his views, that the system of public flogging might with perfect safety be abolished.
"The Attorney General said, he understood they had all agreed with the Governor's views about public flogging. The only question had been as to whether the Chief Justice should continue in certain ses pending a change in the law to sentence prisoners to public floggings, but he apprehended that point was now settled by the Secretary of State's Despatch."
His Excellency informs Honourable Members that Captain DUCAT's appointment as Acting Superintendent of the Gaol had been approved by the Secretary of State, and the Governor was glad to learn that the discipline of the Gaol had greatly improved under Captain DUCAT, and had continued to be satisfactory under the present head, Captain DEMPSTER.
"Mr. SMITH and Mr. PRICE as Visiting Justices, expressed their entire concurrence in what His Excellency had said about the marked improvement in the discipline and Gaol management since the appointments of Captain DUCAT and Captain DEMPSTER.”
Extract from Minutes of the Executive Council, held on the 15th August, 1878.
"The Governor referred to a Circular Despatch from the Secretary of State for the Colonies enquiring as to the state of the law in different Colonies with regard to public flogging and directing a report to be made to him upon this practice, which, in the Secretary of State's opinion, he was inclined to think objectionable.
"His Excellency now reads the opinions of the Officers who in accordance with the wishes of the Secretary of State had been invited to express their views, all of which were either in favour of the abolition of flogging in public, or predicted no harm from discontinuing it.
"His Excellency said that Honourable Members had already before now agreed with him that public flogging might be safely abolislied, and he proposed that all the papers be sent to the Attorney General with a request that he would draw the necessary Ordinance for abolishing it; the Ordinance to contain a suspending clause.
"His Excellency's proposal is unanimously agreed to."
Extract from Minutes of the Executive Council, held on the 23rd August, 1878.
"His Excellency stated what his action had been with regard to flogging since he cune to the Colony. Though the number of cases recommended to him for flogging, about sixty, were excessive as compared with any other British possession, he had very reluctantly allowed the sentences to be carried out in almost every instance.
"Chief Justice Sir JOHN SMALE's four or five sentences of flogging on the back with the cat he had not allowed, as the Colonial Surgeon protested against it, and the Governor agreed with Dr. AYRES that no Oriental could be safely flogged on the back. He could not induce the Chief Justice to alter the sentence to flogging on the breech with a rattan, and the Attorney General had given the opinion that the Governor could not alter the nature of the flogging, but simply remit it. All the Acting Chief Justice's sentences to flogging he had allowed to be carried out, because they were certified to be safe by the Colonial Surgeon. All the flogging sentences of Visiting Justices, except one in which he held an investigation himself assisted by the Colonial Surgeon, had been carried out, and all the Police Magistrate's flogging sentences, except one in which a little boy was sentenced to be flogged who had confessed to the prosecutor and witnesses a theft on promise of not being flogged."
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