CO129-375 - Governor Sir Lugard - 1911 [1-2] — Page 360

Fonclosure 3.

351

award the capital sentence (no doubt frequently combined with

torture) or at least severe floggings extending to over 100

blows with the bamboo, and it has been proved by the evidence

of facts that sentences of imprisonment in the Hongkong Gaol

however prolonged, and even though accompanied by whippings

with a birch on the breech are in no way deterrent to crimin-

-als of this class.

3.

I propose, therefore, to empower the

Court in cases of armed robbery and of robbery with violence

to specify in its sentence the instrument to be used in the

infliction of corporal punishment and the number of strokes

(not exceeding 50) to be inflicted, as is provided in the

Imperial Act 26 and 27 Victoria Cap. 44 as suggested by the

Attorney-General in a minute of which I attach an extract.

4.

Both the Chief Justice and the

Puisne Judge strongly concur in the necessity for this

legislation, and the former a day or two ago in awarding

sentence in a case of this class expressed his regret that

the existing law did not allow him to sentence the prisoner

to a flogging with the cat. I was recently appealed to by a

Chinese gentleman through the Registrar-General and a

Chinese Member of Legislative Council in a case of armed

robbery where a maid-servant had either been thrown or had in

her terror jumped from a window and lies in a very precarious

state.

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