682918-1881-Despatches-re-Penal-Laws-Amendment-Ordinance-Abolition-of-Branding-and-Public-Floggings--c- — Page 3

1008 THE HONGKONG GOVERNMENT GAZETTE, 19TH NOVEMBER, 1881.

of May 1877, would not be carried out, but I am of opinion that the best course now will be to retain it in the Schedule of repeals, and to re-enact by a separate Ordinance that part of it which relates to banishment with the amendments directed by Lord Carnarvon.

In Clause 2 of the Draft Ordinance the reference to Section 43 of Ordinance 7 of 1865 appears to be erroneons, Section 31 being doubtless intended. This Clause should also repeal the words "publicly or" in Ordinance 12 of 1865.

When these amendments have been made, you have my authority for introducing this Ordinance.

I have, &c.,

Governor Sir JOHN POPE HENNESSY, K.C.M.G.,

&c.,

&c.,

&c.

(Signed) KIMBERLEY.

No. 91.

GOVERNOR SIR JOHN POPE HENNESSY, K.C.M.G. TO THE RIGHT HONOURABLE THE EARL OF KIMBERLEY,

GOVERNMENT HOUSE, HONGKONG, 15th June, 1881.

MY LORD,-In accordance with the authority conveyed to me in Your Lordship's Despatch No. 96 of 28th December 1880, I laid before the Legislative Council on the 3rd instant the Bill entitled

·· The Penal Laws Amendment Ordinance, 1881.'

As the proposed Government measure involved the repeal or amendment of eleven Ordinances and dealt with a subject that had caused some little controversy in the Colony, I circulated amongst the Members of Council copies or extracts of various despatches and other papers (six printed copies of which are herewith enclosed) relating to remission of sentences, branding and flogging in Hongkong, and I introduced the Bill with a few explanatory remarks so as to elicit on the second reading a full expression of opinion.

Having allowed ten days to elapse after the first reading, I moved the second reading on the 13th instant, when the Bill was read a second time unanimously. The only members who took part in the debate, supported the Bill on the ground that the satisfactory state of crime in the Colony justified it.

* * * *

Mr. SNOWDEN (the Acting Chief Justice) said: "There is no doubt the state of crime is very "much better than it was when I first came to the Colony in 1874.

Lately, I think. "crime has very much decreased, especially crimes of violence." His Honour added that he thought the proposed Ordinance put the question of flogging on a very satisfactory footing.

Though the Bill has practically passed, I put off the final stage, as well as the second reading of the Banishment of criminals Bill till the next meeting of Council.

The Right Honourable

THE EARL OF Kimberley,

I have, &c.,

(Signed)

J. POPE HENNESSY.

Her Majesty's Principal Secretary of State for the Colonies,

&c.,

&c.,

&c.

No. 95.

GOVERNOR SIR JOHN POPE HENNESSY, K.C.M.G. TO THE RIGHT HONOURABLE

THE EARL OF KIMBERLEY.

GOVERNMENT HOUSE, HONGKONG, 18th June, 1881.

MY LORD,-My despatch No. 91 of 15th June 1881, will show that I acted on the instructions in Your Lordship's Despatch No. 96 of the 28th December, 1880, and struck out the word "flogging' in the title and preamble of the Draft Ordinance I proposed for dealing with the subject of Flogging and Branding.