Sessional_Paper_1896 — Page 826

Sessional Papers 議政定例兩局文件 All

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Q-Do you consider that the Superintendent can punish under the second and third portions of that section by himself?

A Yes, I think so.

Q-Up to what extent ?

A-Up to twelve strokes.

Q-And do you read Rule 277 along with Rule 274?

A-Yes.

Q--As importing additional offences into Rule 274?

A-No; I read the second and third parts of Rule 277 as a further detail of any act of insubordination requiring to be suppressed by extraordinary means in Rule 274. That is to say, if a man was liable to thirty-six strokes under Rule 277 it was in the discretion of the Superintendent to give him twelve under Rule 274.

Q. You do not think that these two parts of Rule 277 in any way relate to offences which may only be dealt with by the Superintendent in conjunction with a Visiting Justice?

A-No, certainly not.

Q-What kind of minutes of evidence did you take ?

A-In ordinary cases?

Q-Yes, did you take any minutes?

A---No minutes except a note of the sentence.

Q-You simply had oral evidence and you did not take it down at all?

A-No.

Q-Was that your interpretation of Rule 266 ? "No prisoner shall be punished under the provisions The Prison Ordinance, 1885, until he has had an opportunity of hearing the charges and evidence against him, and of making his defence."

"1

A--Yes; they always had the opportunity of hearing the charges and evidence against them and of making their defence.

Q-You did not take any notes of the evidence nor the defence made by a prisoner?

A-No.

Hon. Commander HASTINGS-The first time you punished with flogging, how many strokes did you give?

WITNESS-Six strokes.

Q--Did you flog a prisoner more than once before you sent for a Visiting Justice? Did you flog him twice on your own responsibility?

A-Oh yes, frequently.

Q-Of course, you have heard of these two special cases of which one resulted in death, can you suggest any other substitute for the rattan ?

A-I have had no experience.

Q--You were Superintendent during the whole of last year?

A-Yes; nearly the whole.

Q-There appeared to be something like two thousand prisoners more than in 1891, and the flogging was double?

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