CO129-188 - Governor Hennessy - 1880 [5-6] — Page 94

49.

91

ago

And what was the history of that man? He had been convicted of larcency in 1874, for which he received six months. He was again convicted within a week of his release from prison, and what happened? Was he sent before the Chief Justice? Did he get a severe sentence? No. He was again sentenced to six months' hard labour. Well within two months of his release he commits burglary and larcency and then he gets three years. He was consistent, certainly, for his conduct in prison was "very bad." And yet he gets released amongst this lot of prisoners-released without the knowledge of the Chief Justice, and against the rules framed by Her Majesty's Government. These are men who almost immediately return to the Colony, and in my despatches will be found the cases of men who, having been branded and deported, having served one-third of their term, came back to us very speedily. It is not more than a week since the present Chief officer at Kowloon came to see me about the state of the criminal class on the borders of this Colony and Kowloon, and he then told me that a number of the men who were hanging about the village in Chinese Kowloon without any employment had brands upon them which he was told showed they had been in Hongkong prison. But he also told me that they were within a few minutes' reach of the Colony. They could make a raid into British Kowloon at any moment, and they could reach the town of Victoria in an hour. Well, I took means to ascertain whether any of these men were in the habit of getting across our fronther to a village where there are a number of stonecutters close to our boundary, and a few days I instructed Captain DEANE to apprehend as many of them as possible. But not for the purpose of deporting them again, but for the purpose of having them brought before the Chief Justice, who will probably imprison them. It was only the other day I sent a minute to the Chief Justice and Magistrates on this subject. In the case of a man recommended for deportation, the Acting Attorney General (Mr. RuSSELL) said :-"Banishment is the only thing you can do, but even that will do no good; the man is sure to return." I called attention to the fact that this man had at one time been sentenced to some years' penal servitude for committing burglary in this Colony, and after serving a short time he was let out in one of these batches. He is brought before the Police Magistrates again And in May, 1878, and convicted of having housebreaking implements in his possession at night. what happens then? He gets a few monhts' imprisonment, instead of being sent before the All I have to say to the Honourable Chief Justice to be dealt with as severely as possible. gentleman (Mr. KESWICK) is this. He may rely upon it that I bave paid some attention to It is one of the functions of the question of prison discipline and the suppression of crime. my office. I have been sent here to govern this Colony. I have some experience in the Govern- ment of Chinese, and believe nothing would be worse, more disastrous, cause more insecurity to life and property, than to take the advice of the Honourable gentleman and his absent friend Mr. LowcoCK. They are men of business, well qualified no doubt to conduct their own business, but in these matters, touching the administration of Law, I have to consult those whose lives bave been devoted to the consideration of justice. Was I wrong, therefore, when in 1878, I took the responsibility--a grave responsibility of instructing the Captain Superintendent of Police to make such a serious change in Was I wrong when the night duties of the Police as to increase the night beats and patrols 33 per cent. I appointed a Committee of the Legislative Council including the senior un-official member (Mr. RYRIE) to consider the question of crime and police and report to me? The Committee say, great evils arise from the system of conditional pardons, that it is better to make the men serve out their lawful sentences, and furthermore, the Secretary of State says deportation should not be employed in ordinary cases, but should be regarded as an exceptional punishment. That Committee examined the whole question, had the witnesses and documents before them, and they arrive at the unanimous conclusion that the practice of deportation was not unduly relaxed during my

administration.

I don't know that I can give the Honourable gentleman any further explanations. I am not to blame if the attention of the British Parliament has been drawn, as it has, by these papers to what bas taken place in Hongkong. I was not one of the visiting justices. I am not responsible for having passed by these irregularities. I detected some of them, and have endeavoured to check them. I frankly confess I prefer the prevention of crime and the reign of Law to the clumsy system of illegal floggings, brandings and deportings. I have every confidence I shall receive the support of the Council, and especially of His Honour the Chief Justice in my endeavour to have none but legal punishments inflicted in our prison: and I believe I shall have the support of every honest and intelligent man in the Com- munity in the effort I am making to prevent crime by seeing that our Police Force is properly handled and is kept up to its necessary strength.—(Hearhear,)