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494 THE HONGKONG GOVERNMENT GAZETTE, 19TH OCTOBER, 1878.

9. I disapprove the power given by Rule 90 to the Superintendent to refuse to allow a prisoner under remand or committed for trial to see his legal adviser, and the power given by Rule 93 to a Committing Magistrate or Visiting Justice to forbid a prisoner in similar circumstances from seeing his friends; and I have to refer you on this subject to my Circular Despatch of the 27th of April last year.

10. You should consult the Attorney General as to the validity of the power to administer oaths conferred by the 124th Section, and if the power is not effectually conferred by the Rule it should be created by law.

11. The Rules relating to the Turnkey's mess, I consider are out of place and should be removed. There are no rules in the proposed Code as to labour. This important omission should be supplied.

I have, &c.,

Governor HENNESSY, C.M.G.,

&c.,

&c.,

&c.

[No. 57A.]

The Right Honourable the Earl of Carnarvon to His Excellency Governor Pope Hennessy, C.M:G.

CARNARVON.

DOWNING STREET,

28th May, 1877.

SIR,-I have the honour to acknowledge the receipt of Mr. AUSTIN'S Despatch No. 62 of the 28th of March, respecting the Report of the Prison Commission.

2. You will gather from my Despatch No. 45 of the 7th of May, that as regards the discipline and dietary of the Victoria Gaol, it is my desire that more should be done than merely, "remedying "such defects in detail as were incidentally brought to light, and as were capable of immediate "amendment."

3. My desire is that you should take into your early consideration the whole question of Prison Discipline on the basis of the recommendations of the Commission, with the modifications indicated in my Despatch No. 45 of the 7th ultimo.

4. With reference to Mr. AUSTIN's request that I would procure for the Government of Hongkong information relative to the use of Cranks, I have directed the Crown Agents, to obtain such informa- tion, which will be forwarded to you by an early opportunity.

Governor HENNESSY, C.M:G.,

Thave,

ARNARVON.

&c.,

&c.,

&c.

[No. 72.]

?

The Right Honourable the Earl of Carnarvon to His Excellency Governor Pope Hennessy, C.M.G.

DOWNING STREET,

20th June, 1877.

SIR,-I have to acknowledge the receipt of Mr. AUSTIN'S Despatch, No. 75, of the 11th of April, respecting certain matters of Prison Discipline.

2. I rely on you to review the whole question of Prison Discipline in Hongkong; and to make such proposals as will place the system upon a sound basis for the future.

3. In the letter from the Acting Colonial Secretary, which forms the enclosure to Mr. AUSTIN'S Despatch, I observe a direction that the practice is to be discontinued of Turnkeys employing prisoners to cook their meals for them and act as their body servants, "when their quarters are so situated as to necessitate the prisoners passing outside of the office gates whereby they are enabled to communi- "cate with the outside world."

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4. I do not know whether any Turnkeys have their quarters within the office gates. If there are any such, then under this letter they may continue to employ prisoners as their cooks and body servants. I consider that they should not be in any better position than those residing beyond the office gates, and should provide for their wants at their own expense. If your experience of climate suggests that it would be expedient to provide them with this assistance from public sources, the boon should be applied equally to Turnkeys residing beyond the office gates, and in some form less objection- able on grounds of discipline than prison labour.

Governor HENNESSY, C.M.G.,

&c.,

&c.,

&c.

I have, &c.,

GARNARVON.