13
494
THE HONGKONG GOVERNMENT GAZETTE, 19TH OCTOBER, 1878.
7. With regard to the proposed Regulations, I have to observe that the power given by the 7th Regulation to the Superintendent to put his subordinates in irous appears to me wholly illegal, and the infliction of fines can only be enforced under pain of dismissal.
8. Rule 83, respecting the cutting of women's hair is at variance with the instructions conveyed in my Circular Despatch of the 22nd of April, 1876.
9. I disapprove the power given by Rule 90 to the Superintendent to refuse to allow a prisoner under remand or committed for trial to see his legal adviser, and the power given by Rule 93 to a Committing Magistrate or Visiting Justice to forbid a prisoner in similar circumstances from seeing his friends; and I have to refer you on this subject to my Circular Despatch of the 27th of April last year.
10. You should consult the Attorney General as to the validity of the power to administer oaths conferred by the 124th Section, and if the power is not effectually conferred by the Rule it should be created by law.
11. The Rules relating to the Turnkey's mess, I consider are out of place and should be removed. There are no rules in the proposed Code as to labour. This important omission should be supplied.
I have, &c.,
Governor HENNESSY, C.M.G.,
[No. 57A.]
de.
&c.,
&c.
The Right Honourable the Earl of Carnarvon to His Excellency Governor Pope Hennessy, C.M.G.
CARNARVON.
DOWNING STREET,
28th May, 1877. SIR-I have the honour to acknowledge the receipt of Mr. AUSTIN'S Despatch No. 62 of the 28th of March, respecting the Report of the Prison Commission.
2. You will gather from my Despatch No. 45 of the 7th of May, that as regards the discipline and dietary of the Victoria Gaol, it is my desire that more should be done than merely, "remedying "such defects in detail as were incidentally brought to light, and as were capable of immediate "amendinent."
3. My desire is that you should take into your early consideration the whole question of Prison Discipline on the basis of the recommendations of the Commission, with the modifications indicated in my Despatch No. 45 of the 7th ultimo.
4. With reference to Mr. Austin's request that I would procure for the Government of Hongkong information relative to the use of Cranks, I have directed the Crown Agents, to obtain such informa tion, which will be forwarded to you by an early opportunity.
Governor HENNESSY, C.M.G.,
&c.,
&c.,
&c.
I have, &c.,
CARNARVON.
[No. 117.]
THE HONGKONG GOVERNMENT GAZETTE, 19TH OCTOBER, 1878.
His Excellency Governor Pope Hennessy, C.M.G., to the Right Honourable The Earl of Carnarvon.
495
GOVERNMENT House, HONGKONG, 15th September, 1877.
MY LORD, I have from time to time furnished your Lordship with information showing that the Gaol is not as efficient an instrument in the suppression of crime as it ought to be, and I have also pointed t what seems to me a grave error in the Administration of Justice, that is, the imposition o" repeated Short sentences on old offenders.
But whilst I hope, in course of time, to make some reforms in those two subjects, there is a third element in the suppression of crime with respect to which I venture to ask for your Lordship's assistance: I mean the establishment of a system of transportation.
In the year 1857, Sir JOHN BOWRING was authorized to transport to Labuan sixty of the worst class of Hongkong criminals. Soon after I arrived at Labuan I applied to the Secretary of State for permission to get a hundred convicts from Singapore. With Sir HARRY ORD's co-operation this was done; and I found the comparatively large number of Chinese convicts I then had to deal with, could be managed without much difficulty, and that their work was most beneficial to Labuan. The large wharf in the Harbour alongside of which steamers can take in coal, the fish market, the beginning of the railway to Tanjong Kubong, the heaviest part of the overground work at the colliery, the drainage of the land where I put the barracks of the new armed Police Force, all these things were done by the Hongkong and Singapore convicts.
On the other hand, the arrangement was of manifest advantage at the moment to Hongkong and Singapore. But as the system was not kept up, its benefit to the two larger Colonies soon ceased.
What I now propose is that your Lordship should authorize me to arrange with the Governor of Labuan the transportation from time to time of convicts from Hongkong.
To save time, I have written to Governor UssHER asking him to consider the question and lay his views before your Lordship. I have the honour to enclose a copy of the letter I have addressed to him. The Chief Justice, Mr. Justice SNOWDEN, the Members of my Executive Council and the un-official Members of the Legislative Council, all approve of the idea, and agree in thinking that the transport- ation from time to time of our worst criminals to Labuan would do more than anything else to put a check to the increase of crime in Hongkong.
I have, &c.,
The Right Honourable The EARL OF CARNARVON,
Her Majesty's Principal Secretary of State for the Colonies,
$c.,
$e.
J. POPE HENNESSY, Governor.
His Excellency Governor Pope Hennessy, C.M.G., to the Right Honourable The Earl of Carnarvon.
[No. 72.]
The Right Honourable the Earl of Cornarvon to His Excellency Governor Pope Hennessy, C.M.G.
DOWNING STREET,
20th June, 1877. SIR,-I have to acknowledge the receipt of Mr. AUSTIN's Despatch, No. 75, of the 11th of April. respecting certain matters of Prison Discipline.
2. I rely on yon to review the whole question of Prison Discipline in Hongkong; and to make such proposals as will place the system upon a sound basis for the future.
3. In the letter from the Acting Colonial Secretary, which forms the enclosure to Mr. AUSTIN': Despatch, I observe a direction that the practice is to be discontinued of Turnkeys employing prisoner: to cook their meals for them and act as their body servants, "when their quarters are so situated a "to necessitate the prisoners passing outside of the office gates whereby they are enabled to communi "cate with the outside world.'
4. I do not know whether any Turnkeys have their quarters within the office gates. If there ar any such, then under this letter they may continue to employ prisoners as their cooks and bod servants. I consider that they should not be in any better position than those residing beyond th office gates, and should provide for their wants at their own expense. If your experience of climat suggests that it would be expedient to provide them with this assistance from public sources, the boo should be applied equally to Turnkeys residing beyond the office gates, and in some form less objectior able on grounds of discipline than prison labour.
Governor HENNESSY, C.M.G.,
&c.,
&
&c.
I have, &c.,
CARNARVON.
[No. 121.]
GOVERNMENT HOUSE, HONGKONG, 21st September, 1877.
MY LORD-I have the honour to acknowledge the receipt to-day of a Telegraphic Despatch from Your Lordship in the following terms --
"Twentieth, Governor (of) Labuan reports arrangements for despatch of Coolies from
"Hongkong. Grant all proper facilities."
In reference to this subject I beg to lay before your Lordship copies of the correspondence which has already passed, by which your Lordship will observe that I had long since given instructions that everything should be done in Hongkong to facilitate the despatch of Coolies to work the coal mines in Labuan,
There is also however another method of assisting the Government of Labuan in developing the natural resources of that Colony, and to this I have referred in my Despatch No. 117 of 15th instant in which I have requested your Lordship to sanction the transportation of Hongkong Chinese Convicts to Labuan. Judging from past experience there can be no doubt that the interests of both Colonies would be promoted by such an arrangement.
1 have, &c.,
The Right Honourable The EARL OF CARNARVON,
Her Majesty's Principal Secretary of State for the Colonies,
fr.,
Fr.
J. POPE HENNESSY,
Governor.
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