725577-1857-GOVERNMENT-NOTIFICATION-NO-25 — Page 1

No. 25.

The Hongkong Government Gazette. [No. 85.—February 14, 1857.

GOVERNMENT NOTIFICATION.

His Excellency The Governor directs the publication of the following Letters from the Superintendent of Police, in explanation of certain statements recently made against that Officer.

By Order,

W. T. MERCER, Colonial Secretary.

No 9.

Colonial Secretary's Office, Victoria, Hongkong, 14th February, 1857.

POLICE DEPARTMENT, HONGKONG, 6th February, 1857. Sin.-In compliance with your letter of this date referring to a statement appearing in the China Mail newspaper of this morning, respecting the treatment of the prisoners seized at the Esing Bakery: I have the honour to state, for the information of His Excellency « the Governor, that upon the apprehension of the whole of the prisoners on the 15th January, and pending enquiry which resulted in the committal of teu of the number for trial at the Supreme Court, the prisoners, with the exception of several kept apart for the purposes of the investigation, were placed in a room on the ground floor of the New Police Station, Cross Roads, this appearing to me a suitable place, and the only one at my disposal, the then crowded state of the Jail, and the Cells at the Central Police Station, being always required for ordinary business, rendering it necessary to provide other accommodation for these particular prisoners.

Affer the committal for trial of ten prisoners on the 19th January, the remainder, forty-two in number, were remanded as being persons dangerous to the peace and good order of the Colony, under Ordinance No. 2 of 1857; and inasmuch as the same difficulty continued of placing them within Jail, (until the 26th January, when certain prisoners were deported), they have been since that date until the 3d February, confined in the room at the Cross Roads Station. This room is a dry lofty room, fifteen feet square, and is ventilated by chimney and an opening near the top of the room, which opening, secured by iron bars, measures six feet long, by one feet high, the door of the room opens on to the Queen's Road, and as I am informed and credibly believe, this door was frequently open.

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On two occasions I visited the prisoners, who certainly presented no appearance of illness. I found the air close, but not more so than I have found in many places no larger, occupied by as many, or more, Chinese emigrants or coolies. None of the prisoners are ill, and present no other than the usual appearance of prisoners; and this is the most conclusive evidence that the accommodation was not so bad, and has had no such injurious effect, as stated in the newspaper report.

On the 3d of February, Dr Lorrain called at my office upon other business, and then mentioned that he had that morning visited the Cross Road Station, in company with the Editor of the China Mail; and that, in his opinion, if the prisoners confined there were not removed speedily, they would be seized with fever. Giving weight to a medical opinion, I directed the prisoners to be at once removed to the Jail, and I should have removed them at any time had I supposed that the place of imprisonment was unsuitable and injurious to the prisoners' health; for undoubtedly I had no intention to inflict cruelty upon the prisoners, and all my arrangements respecting them were made, having only a regard for their safe custody and the public convenience.

With respect to the food for the prisoners, I have to state, that the usual rations, ample and good, were provided at Government expense at the commencement of the imprisonment, and that upon the prisoners friends asking if they might give them provisions, I gave per. mission. Most certain it is that the prisoners had their daily food in the usual way; and that if the prisoners' friends had not preferred supplying it, that it would have been provided at the expense of Government. I have seen the cook-shop keeper, who upon the order of the prisoners' friends supplied the provisions of the prisoners.—I have the honour to be, sir, your most obedient servant,

The Honourable W. T. MERCER, Esquire,

Colonial Secretary, &c., &c.

No. 11.

CHARLES MAY, Superintendent of Police.

POLICE DEPARTMENT, VICTORIA, HONGKONG, 13th February, 1857.

SIK, I have the honour to acknowledge receipt of your letter No. 180 of this date, informing me that it is the intention of His Ex- cellency the Governor to publish in the Government Gazette my former report on the subject of the treatment of certain Prisoners apprehended at the Esing shop and Bakery, and referring to a secoud Article on this subject in one of the Local Newspapers.

I would desire to add to my former Report, in reference to certain points specified in this second Article, that I have recollection that on the morning of the 3d February instant, Assistant Superintendent Grand Pré requested me to sigu an order for the transmission of the Prisoners referred to, from the Room at the Cross Roads Station to the Jail, mentioning that the air at the former place was close. I directed Mr Graud Pré not to remove them until the case at the Supreme Court was decided, which I believed would be that day, as upon that decision would probably depend whether the prisoners would be farther detained or liberated.

The following morning Dr Lorrain called at the Station, and upon his representation I gave a warrant for the reception of the Prisoners within Jail, when Dr Lorrain mentioned the subject, I casually remarked, “some of them deserve punishment for they did not exhibit much feeling towards us;" to this Dr Lorrain replied, "that may be, but let them be punished properly, do not treat them with cruelty."

I said "most certainly, my remark did not apply to justify their being improperly confined." And upon this point, I beg to disclaim the inference attempted to be drawn that I desired to palliate the alleged improper treatment of the Prisoners, because of the heinous nature of the crime in the commission of which they were supposed to be implicated.

I do not recollect that up to the time of Dr Lorrain's forcibly representing the matter, (when I instantly acted upon his information) that I received from any person any intimation conveying more than that the air in the Prisoners' Room was close, of which fact I was aware from my personal observation. No complaint was ever made to me by any of the Prisoners' friends, either with respect to food, or to the place of confinement. On the subject of the food I have nothing to add, the Prisoners had a sufficient supply.

I do not believe that it was the desire of any person connected with the Police, to use any harshness towards the Prisoners; and with respect to myself, I positively and conscientiously assert that I had no intention to inflict cruelty, or am I cognizant of any cruelty having been inflicted upon them; and I can therefore bear that accusation as well as that more usually urged against me, of exhibiting too much lenity and kindness towards the Chinese.

With respect to the Prisoners confined on the 24th and 25th of January ultimo, within the yards of the Jail, I wish to state briefly the circumstances of the cases.

At 10 P.M., and about midnight of the 23d January, Mr Caldwell apprehended 146 Prisoners, charged upon private information. These Prisoners were placed for security within the Mill-yard. On the morning of the 24th they had a good ration of rice and vegetables; and on the 25th they had another ration, this last at about 1 P.M. The whole number (excepting two) having given security were released two hours subsequently. The ration of the 25th should have been supplied earlier, but the Cook Shop keeper stated that from the number of prisoners, he was unable to get it ready at the usual time. The Constable in charge of the prisoners several times went to the cook-shop to hasten the supply.

On the 24th of January, 204 prisoners were apprehended on Bonham Strand. These prisoners were placed within the yard of the Debtors' Jail, and I remained until after dark releasing all who could give security, finally leaving only 45 of the number, who being unable to give security, remained in confinement all night. At 1 P.M., the 25th January (Sunday) I went again to the Jail, at which time the prisoners received their ration, and took security for 31 of the remaining.

In conclusion, I beg respectfully to remark, that, at a time when from secret information it was nightly feared that an armed attack would be made upon the City; when, as you are aware, the superior officers of Police were occupied with pressing and arduous duties; and lastly, when from the peculiar circumstances of the times, the ordinary prison accommodation was overcrowded with offenders, it need not be a matter of surprize, or form a subject of accusation against public officers, that every arrangement was not carried out with the usual regularity.—I have the honour to be, sir, your most obedient servant,

The Honourable W. T. MERCER, Esquire,

Colonial Secretary.

CHARLES MAY, Superintendent of Police.