CO129-281 - Governor Sir Robinson & Acting Governor Major Gen Black - 1898 [1-3] — Page 388

merely giving his opinion that the Ordinance is are which is not contrary to

J the Governor's instructions which are

take it stated in the printed extracts which are

annexed this report.

I am not clear as to the effect of repeating section 7 of 02d9 204

That section provided that 1869. art in specified offences should be funishable with inforisonment for

any

term

now warranted by law with hard labour for the whole or put of such

infrisonment. The maximmin term of mipris aument,

onment, as distinguished from femal periitude, seems to have been two years,

These offences in 1869.

now cerse

lobe

specifically punishable, but are lumped together with others

as minis deme avours at

common law for which

furanishment is

provided etc. The maximum term of

inipris arment

which

may

ispreduced

the dunced to a year,

bo

be added a five not exceeding

$500. As these offences niclude false

accusation of any

crime and conspiracy to

defrand & extortion, Iserious question the advisability of such

Sin W-Hamilton

Ordinance 2

97869

reduction.

A. F-13/4

I have had some difficulty caused by a fruitter endeavour to find whe ther the offences encimited in qvii y

of 869 were punishable otherwise than under the provisions of that section. It seems incredible that they shomeinst be oyet neither Libray so Ican finday provision of the kind save $2 (17) of 1845/14 which fummher ndecent xhrome of the person with a fine & XS.

in

--70300-3000-3-97

I have come reluctantly to the conclus & In that that section ea 7 g 1869/2 is the only section awarding imprisonment & hard labour for such offences. If this be so then the repeal of the section will bring those offences within the classes encemented in go of the Ordinance under consideration. Jafree with Mr Diddian that there are offences of conspiracy to extort money or to defraud,

blackmailing

deserve

O

than one

his

which

may

for greater punishment Jean's hard labour.

I think it was a mistake to put of 6 into this new Ordinance at all.

The bibery clauses seem objection

clauses seem open to no

the ordinance

o Iurned therefore sanction

At the same time calling attention to the point I have raised labore.

H.B.C

16/4

Jins

to face

Draft for ensideration CPL. 20 at once