CO129-355 - Governor Sir Lugard - 1909 [1-3] — Page 218

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

Review of the Principal Ordinance

It is now amended mainly in practice and its administration regarding conferring. It goes considerably beyond the

Adi as in J. Junich {ke - to Mukhing offenders under (for indict the offences, other than homicide, this summarily), but this is probably all dealt with by the new districts Act which is not before. It is extraordinary, inconceivable that so much time should lapse before we are put in possession of the statistics of the preceding year. I have called attention to this before.

A senior thinker from the Drafting Committee that the limitation of this section to the schedule has been carefully settled, but I am not surprised if they have overlooked some other misdemeanour for which the stocks are hardly an appropriate punishment. However, they can always amend by adding to the schedule.

The provisions do not appear to call for comment from A to $4.

The best point of training we may have an uneasy feeling that the Magistrates will give effect to the punishment on in ten times able of we shall be.

LIR. Check this is the periodical returns. 25/4

Wait a reasonable time for the spitting protest. Chang Seely Is proceeding. It's not much like the effect & number of lashes of whipping, at the end of a year when we do. Do Mike Mr. Risley.

I am not quite clear whether the effect of section 6 (Stocks) is to increase the use of this punishment or diminish it. Can you advise?

Order 13 of 1907 (4043567 and pp. herewith) was passed in order to limit to "offences punishable with imprisonment only" the which use of the stocks as a punishment allowed by sec 87 of the Magistrates Ordinance 1900.

The Draftsman, however, overlooked sec 80 of the then Ordinance of which is magistrates' alternative powers of fine or imprisonment in the case of offences with which they are empowered to deal summarily. They cannot so deal with indictable offences of the grave sort - such Schedule 3 sa of the order.

Consequently, as pointed out in the Annex [Debates p.154] to a large extent the intention of Order 13 of 1907 was defeated, for it would seem that the stocks could be resorted to only in cases of non-indictable offences punishable with imprisonment only, and I should imagine that such offences are few in number.

Sec 5 of the present order is meant to give effect to the real intention of Order 13 of 1907. It is of course subject to sec 80 of the Magistrates Ordinance, and in laying down that the stocks sanction the tie.

28/4

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Review of the Principal Ordinance It is now amended mainly in practice and its administration regarding conferring. It goes considerably beyond the Adi as in J. Junich {ke - to Mukhing offenders under (for indict the offences, other than homicide, this summarily), but this is probably all dealt with by the new districts Act which is not before. It is extraordinary, inconceivable that so much time should lapse before we are put in possession of the statistics of the preceding year. I have called attention to this before. A senior thinker from the Drafting Committee that the limitation of this section to the schedule has been carefully settled, but I am not surprised if they have overlooked some other misdemeanour for which the stocks are hardly an appropriate punishment. However, they can always amend by adding to the schedule. The provisions do not appear to call for comment from A to $4. The best point of training we may have an uneasy feeling that the Magistrates will give effect to the punishment on in ten times able of we shall be. LIR. Check this is the periodical returns. 25/4 Wait a reasonable time for the spitting protest. Chang Seely Is proceeding. It's not much like the effect & number of lashes of whipping, at the end of a year when we do. Do Mike Mr. Risley. I am not quite clear whether the effect of section 6 (Stocks) is to increase the use of this punishment or diminish it. Can you advise? Order 13 of 1907 (4043567 and pp. herewith) was passed in order to limit to "offences punishable with imprisonment only" the which use of the stocks as a punishment allowed by sec 87 of the Magistrates Ordinance 1900. The Draftsman, however, overlooked sec 80 of the then Ordinance of which is magistrates' alternative powers of fine or imprisonment in the case of offences with which they are empowered to deal summarily. They cannot so deal with indictable offences of the grave sort - such Schedule 3 sa of the order. Consequently, as pointed out in the Annex [Debates p.154] to a large extent the intention of Order 13 of 1907 was defeated, for it would seem that the stocks could be resorted to only in cases of non-indictable offences punishable with imprisonment only, and I should imagine that such offences are few in number. Sec 5 of the present order is meant to give effect to the real intention of Order 13 of 1907. It is of course subject to sec 80 of the Magistrates Ordinance, and in laying down that the stocks sanction the tie. 28/4 Page information is not explicitly present in the original text; however, based on the content and the instruction to keep 'Page XX' information, it is assumed that the original text was not provided with clear page breaks. The text has been formatted into paragraphs using HTML as per the instructions.
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Ixo of the Principat ada avery tannies Ste 5. and now amanded mangy I mad therefore Cut Gewohnt in practice and its administration regains contering. trinità it goes considerably beyond the [ Adi as in. J. Junich {ke - to Mukhing offenders under (for indict the offences, other than homicide, this summariel), but this is probably all allind by the new distruns Act which is not before It is extraordinaisle, incoronant that so much time she lapse bifor us are fut in porosion of the startistes of the preceding year called attention to this before. A seu -thuik ] from the Dorbalis that the limitation of this section to the schedule has been carefully settled, but Ishs noth surprised if they have overlooked some other misdemeanolo for rich the stocks an hardly an appropriati frumhment. However, they can alway ament by addrway to the schwork. The the provisie do not appear to cat. por comment from A to $4 beat point of train we may an une tot the Magistrates will fire effect oth filment on in ten tim able of we shall be LIR. check this is the periodical relims. 25/4 Wait a reasonable time for the spitting protest. ཆ་ to pay to far asing. Chonge Seely Is proced. Its not much like the efien. song whipping true y apk for a in the effect & number oflares of whipper, at the end of a year when we Do do Mike Mr. Risley. 216 am not quite clear whethe.. the affect of section o (Stocks) is increase the use of this punishment or dimmish it. Can on advise? you Js. Coloud Srik orda 13 of 1907 (4043567 and pp. herewith) was posord in roders to limit to "offences punis a" with imprisonment only" the wich use of the stocks as a punishment allowed by ssc 87 of the Magistrati radu 1990. the Dftsman, howives, overlooked sic 80 of the than Fading of which is magistrates alternation ponivers of five or imprisonment in the case offences with chisch they au of all indictath cnpowered to deal Summa vile. I They cannot so deal with indictable offences of the graves sort - su Sched 3 sa of the orde]. Consequeath; printed out "_ the Anly [Debatis p.154] large extent the intention of mide 13 of 1907 was to a Defeated, for it would seem that the stocks could of non-indictath offences to resorted to only in cases punishath with imprisonment only, and I shouts invaeque that such offences are 1 few in number. Sre 5 of the present order is meant to give affect to the real intention of order 13 of 1973 It is of course ماندا سال nde 13 of 1907 # + subject, to 85C 80 of the Magpotratio order rage, and in laging down that the stock. sauction the tie. AB ite & Cocks as a punishment. 28/4
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Ixo of the Principat ada

avery tannies

Ste 5.

and now amanded mangy I mad therefore

Cut Gewohnt in practice and its administration regains contering. trinità it goes considerably beyond the

[

Adi as

in. J. Junich

{ke -

to Mukhing offenders under (for indict the offences, other than homicide, this summariel), but this is probably all allind by the new distruns Act which is not before It is extraordinaisle, incoronant that so much

time she lapse bifor us are fut in porosion of

the startistes of the preceding year

called attention to this before.

A seu

-thuik ]

from the Dorbalis that the limitation of this section to the schedule has been carefully settled, but Ishs noth surprised if they have overlooked some other misdemeanolo

for rich the stocks an

hardly an appropriati frumhment. However, they can alway ament by addrway to the schwork.

The the provisie do not appear to cat. por

comment from

A to $4

beat point of train

we may an une

tot the Magistrates will fire effect oth

filment on in ten tim

able

of we shall be

LIR.

check this is the periodical relims.

25/4

Wait a reasonable time for the spitting protest.

ཆ་

to pay to far asing.

Chonge Seely

Is proced.

Its not much like the

efien.

song whipping

true

y

apk for a

in the effect & number oflares of

whipper, at the end of a year when we

Do do Mike

Mr. Risley.

216

am not quite clear whethe.. the affect of section o (Stocks) is

increase the use of this punishment

or dimmish it. Can

on advise?

you

Js.

Coloud Srik

orda 13 of 1907 (4043567 and pp. herewith) was posord

in roders to limit to "offences punis a" with imprisonment

only" the wich use of the stocks as

a

punishment

allowed by ssc 87 of the Magistrati radu 1990.

the Dftsman, howives, overlooked sic 80 of the than Fading

of which is magistrates alternation ponivers

of five or imprisonment in the case

offences with chisch they

au

of all indictath

cnpowered to deal

Summa vile. I They cannot so deal with indictable

offences of the graves sort - su Sched 3

sa of

the orde].

Consequeath;

printed out "_ the Anly [Debatis p.154]

large extent

the intention of mide 13 of 1907 was to a

Defeated, for it would seem that the stocks could of non-indictath offences

to resorted to only in cases punishath with imprisonment only, and I shouts

invaeque that such offences

are

1

few in number.

Sre 5 of the present order is meant to give affect to the

real intention of order 13 of 1973

It is of course

ماندا سال

nde 13 of 1907

#

+

subject,

to 85C 80 of the Magpotratio

order rage, and in laging down that the stock.

sauction the tie.

AB

ite & Cocks as a

punishment. 28/4

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