Postmaster General,
Registrar General, Judicial,
Ecclesiastical,
Educational,
Medical,
Police Magistrates,
-
Brought forward,
$114,296
SERVICES EXCLUSIVE OF ESTABLISHMENTS.
Colonial Secretary,
540
Colonial Treasurer,
1,500
Surveyor General,
1,800
57,900
25
500
500
9,756
11,440
390
33,009
20,520
6,294
4,000
Transport,
4,500
Works and Buildings,
78,800
Roads, Streets, and Bridges,
40,520
Lighthouses,
8,000
Government Gardens and Plantations,
12,000
Miscellaneous Services, -
37,800
Military Contribution,
106,748
Grand Total,
$845,838
Police,
Gnol,
Fire Brigade,
Charitable Allowances,
Passed the Legislative Council of Hongkong, this 10th day of September, 1880.
Acting Clerk of Councils.
The Daily Press.
HONGKONG, August 13TH, 1880.
LEGISLATIVE COUNCIL.
A Meeting of the Legislative Council was held
There were present:-
yesterday afternoon.
His EXCELLENCY the GOVERNOR. Hon. Sir JOHN SMALE, Chief Justice. Hon. F. STEWART, Acting Colonial Secretary. Hon. E. L. O'MALLEY, Attorney-General. Hon. M. S. TONNOCHY, Acting Colonial
Treasurer.
Hon. P. KYRIE.
Hon. W. KESWICK, Hon. J. M. PRICE. Hon. N. CROY.
PRISON DISCIPLINE.
more
His EXCELLENCY said-Gentlemen, our business to-day consists of considering the first reading of certain bills. I propose to ask my hon. friend the Attorney-General to submit to your notice certain bills which come particularly within his department, but before calling upon him I will ask your attention to a bill entitled "An Ordinance enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof to amend the Prisons Regulation Amendment Ordinance, 1880," which I am about to lay on the table and to ask you to read a first time. The history of this bill is simply this. You will remember that last year we passed an Ordinance to enable prisoners in gaol to be punished for breaches of prison discipline on the eve of their leaving the prison. It had been reported to me that the discipline of the prison was to some extent interfered with by the fact that prisoners a day or two before the term of their imprisonment expired would commit some offence for which they ought to receive, say, a week's solitary confinement, and we have no law to impose that punishment upon them. Accordingly, with your unanimous approval, a short Ordinance was passed to remedy that defect in the prison law of 1863. I duly transmitted that Ordinance to the Secretary of State, and Sir Michael Hicks-Beach in reply thus wrote me:
Downing-street, October 3rd, 1879. SIR,I have the honour to acknowledge the receipt of your despatch No. 60 of the 22nd May, forwarding for the signification of Her Majesty's pleasure, Ordinance No. 2 of 1878, entitled, an Ordinance to amend Ordinance No. 4 of 1868.
2.-I caused a reference to be made to the Home Office
regarding the advisability of the Ordinance, and I enclose a copy of the reply.
3.It will be seen that in the last paragraph of the Home Office letter, exception is taken to four points in Ordinance 4 of 1863, viz., the power given to the Superintendent to inflict sentences of imprisonment, and to order corporal punishment on his own authority: the provision respecting punishment for neglect of work, and the interval required to elapse before carrying out the sentence of corporal punishment.
4.Before forming any definite conclusion upon these
points I shall be glad to receive the opinion of your Government as to how far it would be desirable to amend the law in these particulars, and a report from the Superintendent of the Gaol as to the result of his further experience of gaol management, for I observe from his evidence at page 85 of the Police Report that he was then of opinion that it was desirable that the Superintendent should have the power to administer a certain number of strokes, and I should be glad to be informed whether the results of another year's experience has been to confirm or modify that opinion--I have, &c.,
M. E. HICKS-BEACH.
Governor Hennessy, C.M.G., &c.,
The enclosure referred to is from the Home Office, and in it the Secretary of State says---
The Home Office to the Colonial Office.
Whitehall, August 28th, 1879. SIR. Referring to your letter of the 18th instant, forwarding copy of an Ordinance of the Hongkong Government relative to punishments for offences committed in gaol, I am directed by Mr. Secretary Cross to state for the information of the Secretary of State for the Colonies that in England there is no power to detain a prisoner for a prison offence after his sentence has expired, unless he is brought up before a Magistrate in the same way as a free person would be and sentenced according to law.
In Military Prisons the visitors might, under the Military Act, detain a prisoner under certain circumstances after his sentence had expired, but it does not appear that such a power can be exercised under the Army Discipline Act.
C. C
16291
in so far as Magistrates acting as visitors of a prison having such a power, there appears to Mr. Cross to be no objection to the Clause, but the power of the Superintendent of the Gaol to inflict sentences of
imprisonment seems to him to be objectionable.
I am to add that no Governor in England has power given by the Ordinance of 1863 to the Superintendent to inflict corporal punishment, this power being properly confined to visiting justices and persons acting as such. The provisions also as to punishment for neglect at work, and that by which 12 hours after sentence must elapse before the punishment is inflicted, do not seem to Mr. Cross to be expedient.-I am, &c.,
A. F. O. LIDDELL. The Under-Secretary of State, Colonial Office. Well, on receipt of these dispatches I caused them to be sent round to members of the Executive Council and duly considered by my advisers, and in the meantime they were sent to the Superintendent of the Gaol, who gave a report. That report was considered at the Executive Council. The upshot of the report of my hon. friend the Superintendent of the Gaol (Mr. Tonnochy) is that he thinks the time has come when the Superintendent of the Gaol might be relieved of the task of sentencing prisoners to corporal punishment, and accordingly the Executive Council, having considered the matter, unanimously recommended me to amend the Ordinance in that particular, and at the same time they recommended that the Attorney-General should modify the Ordinance to meet the evidently expressed views of Her Majesty's Government, and it is in that way my hon. and learned friend the Attorney-General has drafted the Ordinance, the first reading of which I now proceed to move. I now move, gentlemen, that it be read a first time. At our next meeting we will have the second reading and any discussion that may arise on it.
The bill was then read a first time.
THE MERCHANT SHIPPING ORDINANCE.
The ATTORNEY-GENERAL-Your Excellency, I have to ask leave to introduce a bill entitled “An Ordinance enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, to amend the Merchant Shipping Consolidation Ordinance." The object of this Bill is to amend in certain particulars an Ordinance which was passed last year consolidating the whole of the laws of this colony relating to merchant shipping. The amendments are of a very trifling description, one or two of them are merely verbal.
The Bill was read a first time.
THE FRENCH MAIL STEAMERS.
The ATTORNEY-GENERAL-Your Excellency,
I have to ask leave to introduce a bill entitled "An Ordinance enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, to make temporary provision for securing the status of French mail steamers within the port of Hongkong." The object of this Bill is to secure for the steamers of the Messageries Maritimes the status which it was provided by the Postal Convention between Her Majesty and the Emperor of the French in 1856 and subsequently by a supplementary convention they should have. It was provided that the mail steamers employed by the French Government should occupy the status of men-of-war. The Council will remember that in order to secure for them this status it is necessary to legislate, in consequence of the judgment of the Supreme Court last year in reference to a case which arose at the time. I may explain that according to the judgment, the laws of this Colony do not as they stand secure for the steamers of the Messageries Maritimes the status it is right that they should have in accordance with the terms of the convention, and the object of this bill is to do that.
The bill was read a first time.
EMIGRATION LICENCES.
The ATTORNEY-GENERAL-I have to ask leave to introduce a bill entitled the "Emigration Amendment Ordinance, 1880." The object of this bill is to shorten the process that has to be gone through at present before a licence can be obtained by steamers purposing to take emigrants from the Colony. A great deal of inconvenience has been experienced under the existing system, under which it is necessary to obtain the sanction of the Governor in Council. That necessitates the circulation of papers amongst members of Council and if some of them happen to be absent at the time it delays the departure of the ship, The object of this bill is simply to place the superintending power in the Governor's hands and not to make it compulsory on him to consult the
374
Postmaster General,
Registrar General, Judicial,
Ecclesiastical,
Educational,
Medical,
Police Magistrates,
-
Brought forward,
$114,296
SERVICES EXCLUSIVE OF ESTABLISHMENTS.
Colonial Secretary,
540
Colonial Treasurer,
1,500
Surveyor General,
1,800
57,900
25
500
500
9,756
11,440
390
33,009
20,520
6,294
4,000
Transport,
4,500
Works and Buildings,
78,800
Roads, Streets, and Bridges,
40,520
Lighthouses,
8,000
Government Gardens and Plantations,
12,000
Miscellaneous Services, -
37,800
Military Contribution,
106,748
Grand Total,
$845,838
Police,
Gnol,
Fire Brigade,
Charitable Allowances,
Passed the Legislative Council of Ilongkong, this 10th day of September, 1880.
Acting Clerk of Councils.
The Daily Press.
HONGKONG, August 13TH, 1880.
LEGISLATIVE COUNCIL.
A Meeting of the Legislative Council was held
There were present:-
yesterday afternoon.
His EXCELLENCY the GOVERNOR. Hon. Sir JOHN SMALE, Chief Justice. Hon. F. STEWART, Acting Colonial Secretary. Hon. E. L. O'MALLEY, Attorney-General. Hon. M. S. TONNOCHY, Acting Colonial
Treasurer.
Hon. P. KYRIE.
Hon. W. KESWICK, Hon. J. M. PRICE. Hou. No CROY.
PRIMON DISCIPLINE.
more
His EXCELLENCY said-Goutlounen, our busi- ness to-day consists of considering the first read. ing of certain bills. I propose to ask my hon. friend the Attorney-General to submit to your notice certaiu bills which come particularly withia bis department, but before calling upon him I will ask your attention to a bill entitled "An Ordinance enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof to amend the Prisons Regulation Amendment Ordinance, 1880," which I san about to lay on the table The and to ask you to read a first time. bistory of this bill is simply this. You will remember that last year we passed an Ordinance to enable prisoners in gaol to be punished for breaches of prison discipline on the eve of their leaving the prison. It had been reported to me that the discipline of the prison was to some ex- teut interfered with by the fact that prisoners a day or two before the term of their imprison. meut expired would commit some offence for which they ought to receive, say, a week's soli. tary confinement, and we have no law to impose that punishment upon them. Accordingly, with your unanimous approval, a short Ordinance was passed to remedy that defect in the prison law of 1863. I duly transmitted that Ordinance to the Secretary of State, and Sir Michael Hicks- Beach in reply thus wrote me:
Downing-street, October 3rd, 1879. SIR,I have the honour to acknowledge the receipt of your despatch No. 60 of the 22nd May, forwarding for the signification of Her Majesty's pleasure, Ordin- ance No. 2 of 1878, entitled, an Ordinance to amend Ordinance No. 4 of 1868.
2.-1 caused a reference to be made to the Home Office
regarding the advisability of the Ordinance, and I enclose a copy of the reply.
8.It will be seen that in the last paragraph of the Home Office letter, exception is taken to four points in Ordinance 4 of 1863, viz., the power given to the Superintendent to inflict sentences of imprisonment, and to order corporal punishment on his own autho rity: the provision respecting punishment for neglect of work, and the interval required to elapse before carrying out the sentence of corporal punishment.
4.Before forming any defuite conclusion upo there
points I shall be glad to receive the opinion of your Government as to how far it would be desirable to amend the law in these particulars, and a report from the Superintendent of the Gaol as to the result of his farther experience of gaol management, for T observe from his evidence at page 85 of the Police Report that he was then of opinion that it was desir- able that the Superintendent should have the power to administer a certain number of strokes, and I should be glad to be informed whether the results of another year's experience has been to confirm or mo- dify that opinion--I have, &c.,
M. E. HICKS.BEACH.
Governor Hennessy, C.M.G., do,
The enclosure referred to is from the Home Office, and in it the Secretary of State says---
The Home Office to the Colonial Office.
Whitehall, August 28th, 1879. SIA. Referring to your letter of the 18th instant, forwarding copy of an Ordinance of the Hongkong Government relative to punishments for offences cou- milted in gaol, I am lirected by Mr. Sogretury Cross to state for the infor nation of the Secretary of Stats for the Colonies that in England there is no power to detain a prisoner for a prison offence after his sent. ence has expired, unless he is brought ap before a Magistrate in the same way as a free person would be and sentenced according to law.
In Military Prisons the visitors might, under the Military Act, detain a prisoner under certain circum- stances after his sentoncs had expired, but it does not appear that such a power can be exercised under the Army Discipline Act.
C. C
16291
in so far us Magistrates acting as visitors of a prison having such a power, the peers to Mr. Cross to he no objection to the Celianes, but the power of the Superintendent of the Gaol to indict sentences of
imprisonment seems to him to be objectionable 0.
am to add that no Gorokat England" power given by the Ordinance of 1963 to the Super intendent to inflict corporal punishment, this power being properly confined to visiting justices and per- sous acting as such. The provisions also us to pan. ishment for neglect at work, and that by which 12 hours after sentence must olapse before the punish ment is inflicted, do not seem to Mr. Cross to be ex- pedient.-I am, &c.,
A. F. Q. LIDDELL. The Under-Secretary of State, Colonial Office. Well, on receipt of these dispatches I cansed them to be sent rou d to members of the Execu tive Council and duly considered by my advisers. and in the meantine they were sent to the Superintendent of the Gaol, who gave a report. That report was conside ed at the Executive. Council. The upshot of the report of my bon. friend the Superintendent of the Gaol (Mr. Ton- nochy) is that he thinks the time has come when the Superintendent of the Gaol might be relieved of the task of sentencing prisoners to corporal punishment, and accordingly the Executive Connoil, having considered the matter, u ani- mously recommended me to amend the Ordinance in that particular, and at the same time they re- commanded that the Attorney-General should modify the Ordivance to meet the evidently ex- pressed views of Her Majesty's Government, and it is in that way my hon. and learned friend the Attorney-General has drafted the Ordinance, the first reading of which I now proceed to move. I now move, gentlemen, that it be read a first time. At our next meeting we will have the second reading and any discussion that may arise on it.
The bill was then read a first time.
THE MERCHANT SHIPPING ORDINANCE.
The ATTORNEY-GENERAL-Your Excellency, I have to ask leave to introduce a bill entitled “An Ordinance enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, to amend the Merchant Ship. ping Consolidation Ordinance." The object of this Bill is to amend in certain particulars an Ordinance which was passed last year cousoli- dating the whole of the laws of this colony relat ing to merchant shipping. The ammondments are of a very trifling description, one or two of them are merely verbal.
The Bill was read a first time.
THE FRENCH MAIL STEAMERS.
The ATTORNEY-GENERAL-Your Excellency,
I have to ask leave to introduce a hill entitled "An Ordinance enacted by the Governor of Hong- kong, with the adrice of the Legislatie Council thereof, to make temporary provision for securing the status of French mail steamers within the port of Hongkong." The object of this Bill is to secure for the steamers of the Messageries Maritimes the status which it was provided by the Postal Convention between Her Majesty and the Emperor of the French in 1856 and sab. sequently by a supplementary convention they should have. It was provided that the mail steamers employed by the French Government should occupy the status of men-of-war. Tho Connoil will remember that in order to secure for them this status it is necessary legislate, in consequence of the judgment of the Supreme Court last year in reference to a case which arose at the time. I may explain that according to the judgmoot, the laws of this Colony do not as they stand secure for the steamers of the Messageries Maritimes the status it is right that they should have in accordance with the terms of the convention, and the object of this bill is to do that.
The bill was read a first time.
EMIGRATION LICENCES.
to
The ATTORNEY-GENERAL-I have to ask leave to introduce a bill entitled the "Emigra- tion Amendment Ordinance, 1880." The ob ject of this bill is to shorten the process that bas to be gone through at present before a licence can be obtained by steamers purposing to take emi. grants from the Colony. A great deal of incon. venience has been experienced under the existing system, under which it is necessary to obtain the sanction of the Governor in Council. That neses. sitates the circulation of papers amongst members of Council and if some of them happen to be absent at the time it delays the departure of the ship, The object of this bill is simply to place the sapetimuing power in the Governor's hands and not to make it compulsory on him to consult the
374
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