686938-1879-Certificates-of-Policemen-on-their-retirement- — Page 4

538 THE HONGKONG GOVERNMENT GAZETTE, 17TH SEPTEMBER, 1879.

The number of prisoners liberated before ser-

ving two-thirds of their sentences, under my ad- ministration. is less than half the number libera-

ted in the corresponding period before my arrival;

and of the smaller number so liberated by me, the majority were in connexion with the entirely ex- ceptional case of the Yesso calamity, every other

case being one in which the liberation was owing

to the strong recommendation of the Judge, or where the Medical Officer urged it, on the ground that the death of the prisoner was impending.

7. I may here remark that, when I reported to Lord CARNARVON my intention of having old offenders sent to the Supreme Court, so as to receive, if the Chief Justice thought fit, a really

severe sentence, I anticipated that for some time the effect would be to increase the number of pri- soners in Gaol. No doubt this has been one of the results, but nevertheless it is satisfactory to see that the number in Gaol at present is not greater than at the same date in 1876.

見

起該請由

請開釋或由國家醫師恐 該囚力不能勝至隕櫞生

由定案官員出自心裁懇 何時本部堂釋放 囚皆

師

較

遇少數獄任分有叉

獄囚實不及向來一半之

任以前按時會計則所釋 分之二者較本部堂未蒞 有罪囚繫獄未完罪期三 又本部堂自蒞任以來所

栽

由

部

放外素此

則輪釋

不船放半所未期

4.恐懇皆論突些之釋蒞三所

心獄

罪 由積藩

非政

解院

以人預加送嘉 勢愈料重泉大 寶多如

此

之辦當斷准

因得以理時任將

藩號堂致

幾稍慰耳

較前未嘗增多斯心庶

不然者惟幸現在獄囚

本港各刑律衙門所有意見郎

三日之客交叉陳明論及此事

示衆之刑 見允協且同心籲請撤除鞭背 增犯罪之弊而議政局各員意

論及此事憶本部堂前

堂去月念八日所呈第九十五 "鞭背示衆一欸本部

8. As to the suspension of sentences of public flogging, my Despatch No. 95 of the 28th ultimo will have put you in possession of the steps I took on the receipt of Lord CARNARVON'S Des- patch of the 3rd of January last, and of the views on the subject of the various Officials entrusted with the administration of the Criminal Law. The Acting Chief Justice, the Senior Police Ma- gistrate, and the other Officials concerned, agree in saying that the cessation of public flogging in no degree increased crime. The Members of my

Executive Council take the same view, and una-

nimously recommend the entire abolition of public flogging.

9. The Public Meeting did not approve of the 初四

action I took when I had before me the professional

opinion of the Medical Officer of the Prison as to

the injurious effect on the health of Chinese Cri- minals of flogging them on the back. Clause XIII of Ordinance No. 4 of 1863, however, says:-

"No corporal punishment shall be inflicted with- "out the written certificate of the Medical Officer "that the prisoner can receive the punishment ※ without injury to his health." The Medical Officer from time to time certified that floggings might take place with a rattan on the breech, but not with a cat on the back, in the case of Orien- tals. The Criminals so sentenced have been flog- ged in accordance with his certificates. I am sorry to say that in the last eighteen months I have sanctioned over fifty floggings. But I have

not violated the Law by allowing Chinese to be flogged in such a way as could not be certified by the Medical Officer. The enclosed return

shows the number of Criminals flogged from the date of my arrival till July last. It was published in the Hongkong papers on the 2nd and 3rd of September.

大理衙

都府門陳於明

政之心正所明

局事投堂有論歲

各絕意與意及正遵九

員無合別見此月行十本

加成員即事初

下敢十

受附違八

罪笞慮權是

五部

滿鞭案

十八個月之間應准笞者在五十人以外但本 被定此罪須遵國家醫師憑照而行可惜 敢違法而准華人受笞過於國家醫師憑照所許者以

以用籐笞腿者惟照他意見華人不堪鞭 受刑不慮傷害性命乃可該醫師亦間有給發憑照可 有云凡達人身體須先由醫師給發憑照謂該因如此 滿意惟是一千八百六十三年第四條則例第十三款 鞭華人之背貨屬傷害華人性命而羣庶齊集亦甚不 案本部堂所頒行者當時雖有監獄之國家醫師定稱 墮於此

儿獄囚

初三所抄印者 因受笞原由數目一册卽香港

新至

報現

於年師

去七

年月

九止 月

初有

獄以罔此囚