CO129-200 - Acting Governor Marsh - 1882 [5] — Page 86

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THE HONGKONG GOVERNMENT GAZETTE, 31st JULY, 1880.

No doubt, the repeated representations I ventured to address to Lord CARNARVON in 1877 against "the Conditional Pardon and Deportation system, were mainly based on the clear evidence I hard "obtained that, however well intended or adinirable in theory, it was a bad system, inconsistent with *prison discipline, and that instead of checking crime it fostered and enlarged a criminal class on our Kowloong frontier and even within the Colony: but I was not insensible either to the sound general principles His Lordship had laid down on this subject in addressing the Governor of New South "Wales in October 1874 in certain despatches, copies of which had been transmitted to my predecessor "in 1875, and in which the Secretary of State had said :-----

The effect upon neighbouring Colonies, the Empire generally, or foreign countries, of letting loose a highly criminal or dangerous felon to reside in any part of the world except only that principally 'concerned to take charge of him, was a step which might clearly and not unreasonably give rise to

complaints from without the Colony.

To release a criminal upon the condition that *he should inflict himself either upon other Colonies and foreign countries or upon this country, was

altogether in opposition to the theory now generally adopted."

*

*

I am happy to say that, as the Chief Justice points out in his Report, Chinese criminals can he effectually dealt with in Hongkong without having recourse to this dangerous expedient.

I have, &c.,

(Signed)

J. POPE HENNESSY."

CC

THE HONGKONG GOVERNMENT GAZETTE, 31st JULY, 1880.

589

in these cases it turned out that if a prisoner expressed a wish to go to Sydney, Brisbane, or any other port of Australia, the practice, Mr. DEANE said, was for the Police to see that man on board the emigrant steamer or ship, and, having seen him safely on board, to make sure, as far as they could, that he left the Colony. I think one witness-not Mr. DRANE, but one of the Inspectors-told the Committee he had seen thirty or forty, at all events a considerable number of the deported criminals, on board one ship.

The Chief Justice.-What date was this ?

His Excellency.This used to go on regularly up to two and a half years ago, when I put a stop to the practice. I recently called for a report from Mr. DEANE upon this subject, and he says-(Ilis Excellency read the report of the Captain Superintendent of Police, to the effect that if a deportee desired to leave for any place to which a steamer ran, he was seen on board by a Constable, who re- mained until his departure; if he desired to go to any native village to which a passage boat plied, the same course was pursued; if he wished to go to Kowloon City, he was escorted to the boundary and there released). The Committee of which my honourable friend (Mr. RYRI) was a member, not only took the evidence of Mr. DEANE and one of the Inspectors, but in their report they touched upon the subject, and, if I remember rightly, disapproved of the encouragement of the Emigration of Chinese criminals to Australia. However, I have not allowed that, and not one deportec has gone to Australia since my arrival in this Colony.

Extract from the “Daily Press" of 24th November, 1879.

LEGISLATIVE COUNCIL. Hongkong.

A meeting of the Legislative Council was held on 22nd November, 1879. There were present: ----

His Excellency the Governor, J. POPE HENNESSY, (.M.G. Honourable Stn JOHN SMALE, Chief Justice.

Honourable W, H. Marsh, Colonial Secretary.

Honourable J. RUSSELL. Acting Attorney General,

Honourable M. S. Toxxoguy, Acting Colonial Treasurer.

Honourable P. Rynus.

Honourable W. KESWICK,

On the Chinese Emigration Ordinance Amendment Bill," His Excellency the Governor sail :--- Now, there was another proposed emigration about which I refused to issue my license, and thar was the emigration of skilled artizans to Sydney and other parts of Australia, which Messrs. STEVENS Some members of my Executive Council appeared to think favourably of this & Co. put before me. scheme, and we had a good deal of discussion on the subject, but I adhered to the opinion which, ou I had originally formed that I should not relax in any way the rules of this looking at the papers, Colony with respect to contract emigration with the object of facilitating the traffic which Messrs. STEVENS & Co. had in view. The idea of sending to Sydney or other parts of Australia a number of skilled Chinese artizans from Hongkong, would, it was pointed out to me. benefit considerably those I had to consider how far Chinese who should be so taken, but I had to look to other considerations. it was desirable for the Governor of this Colony to do anything in the way of relaxing the strict letter of the law so as to facilitate the emigration into Australia of Chinese workmen or labourers, at the very time when it seemed to me that the Governments of Australia were more or less embarrassed by this very question. Accordingly I refused to issue my license, and it happened that six or eight monthis after some trouble did occur at Sydney with the very steam-ship Company in question, owing to the let that though I did not give my license in the form they had sought, yet some Chinese were conveyed in another way not in violation of our Ordinances, and the fact of these people arriving in Sydney let to disturbance and caused the loen! Government no small trouble.

There was another form of emigration to Sydney, Queensland, and other parts of Australia, against which I set my face in this Colony the moment I saw its possibility, or knew that it had over taken place. That comes under the category more indeed of another subject recently discussed at this Council,--the deportation of criminals, than under that of emigration properly so called, and it is referred to by Mr. DEANE in his evidence before the Committee on Police and Crime. Mr. DEANE tells the Committee that some of the deportees or criminals who received conditional pardons were sent to Australia. The practice was: in the event of an emigrant ship being about to sail, these Chinese cri minals were asked where they would like to go to, because neither the conditional pardon nor the deportation warrant of the Governor recited the place to which the criminal was to be deported; it simply stated in the one case the man was willing to leave the Colony and not to return for life, and in the other case he was ordered to leave and not return for five years, as the case might be. However,

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