CO129-357 - Governor Sir Lugard - 1909 [7-9] — Page 358

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Memorandum.

C. C.

35243 RECE 351

Under section 7 of the Foreigïsdićton

Act 1890 and Article 66 of the Order in Council 1904, a person

sentenced to imprisonment with hard labour by a Consular Court

in china can be sent to serve his sentence in Hongkong. This

course may be thought expedient for various reasons but the

most common are the length of the sentence and the fact that

the British Prison in Shanghai does not provide an organised

system of hard labour. In practice we now send all persons

sentenced to nine months or more imprisonment with hard labour

to Hongkong. On the scale of punishment followed here these men

have all been convicted of serious crime such as manslaughter,

rape, &C.

I need not point out that it is very undesirable that

such persons should as a matter of course be sent back here -

to an exterritorial jurisdiction

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as if this were their place

of settlement. They are usually Indians or beach-combers who

have been here a few months or years only.

The following is the first instance of a

convict returned by the Hongkong Government. Peter Sydney

Hyndman was indicted for murder, convicted of manslaughter and

sentenced on September 21st., 1906, to eighteen months im-

-prisonment with hard labour in Hongkong. On March 19th., 1908,

the Hongkong Government paid $40 for his passage to Shanghai

and