Page
|
|
no
|
ST. JOHN'S CATHEDRAL.
ANNUAL GENERAL MEETING. The annual general meeting of seatholders in and anbscribers to Bt. John's Cathedral was hold on Thursday in the vestry of the Cathedral. There were present the Right Rev. Bishop Bardon, Chairman, Rey, R. F. Cobbold, Mr. E. F. Alford, Mr. W. Dauby, Mr. C. Ford, Mr. G. Piercy, and Mr. W. Chatham.
The minutes of the last meeting were read and approved, and the following report was given with the printed fasocial statement of Mr. Charles Ford, Secretary and Treasurer :---- The year 1894 was commenced with a raserta fund. of $2,300, to which has been added $601 from the balance of the current account. Against the balances there are a few outstanding accounts, including one for typhoon damages to the fabric. Arrangements hævebæn made for the overhauling of the organ, which needs repairs and cleaning, by an expert from the builders; his expanses will be divided between Hongkong and the authorities of the Shanghai Cathedral, who also require him. The amount, $600, added to the reserve fund, will probably be insufficient to mest the Hongkong share of his expanses."
In commenting on the statement the Biskor said he was glad to see that there was any balapes, and the balance of between seven and eight hun; dred dollars was only made possib e by the gen- erous amount of over $700 sent to him privately by Sir G. T. M. O'Brien to b› used as he might think b»t, and 8400 of that amount he had given to the Cathedral funds. ¦ He hoped the next year would be more auspicious,
THE HONGKONG WEEKLY PRESS AND
[Jondary 23,$100. HEXCELLENCY, proposed a vote of thanks. is no separation from other criminals, but | are other matters which the law has seen fit to hard labour like them and in association with protect in order to prevent greater' ovila. The to His Honour the Asting Chief Justics for his them. And for what orime I ask ? None law has decreed the sanctity of a man's house; able papër: and made allusio to the fact that: whatever. The fault or offenes or omission it can only be entered under certain con- this was probably the last time that Mr. Ackroyd,” ́
who would soon be leaving the colony, would or negligence of which the defendant has ditions and with ortain formalities, although been guilty has been wiped out by the it may be known that there are criminals appear before the Olid Volumes. judgment; the only punishment which has ben inside. Confidential communications also are. is Honour proposed a vote of thanks to the. awarded against him is a pecuniary one; his protected, although that protection mỹ somė“ | Governor for presiding and expressed his par- only crime is poverty. There is nothing what- times shut out the truth. Some inconvenienois | sonal thanks to His Excellency for the honour. ever to be gained from this treatment and I will suffered, or perhaps a miscarriage of justios rather he had done, bim în taking the chair on this oö- show that instead of doing any good whatever than create greater evils. So here I maintaia Fcasion....
The meeting then terminated. to the state it does harm It may be asked what it would often be far better to allow petty is the remedy I propose if I object to imprison. offences to go unpunished than to fill up your ment and what are you going to substitute for gaol with men who are not criminals but who it ? I look with no fear at the proposal of aban- are likely to become so if you make them fami- doning this oppressive punishment. Look at the liar with the inside of the prison walls. There cruel punishments which formerly disgraced our is a maxim as old as the reign of Elizabeth criminal code, the pillory, nose-splitting, burá- which may very well find its application here, ing in the hands, frequent and severe whippings. | De minimis non curat lex And on appeal the and others of the same kind. They have been Courts have said there are some injuries abolished and only good has resulted. Formerly of so small and little consideration in the death was the punishment for nearly every law that no action will lie for them; aud orime except petty larceny and a few other where trifl ug irregularities or infringements of minor offences. A change was inade and we have the striot latter of the law are brought under the not suffered from this just and merciful amelio- | notice of the Court this maxim applied The ration in the law. Then again look at the end of punishment is to deter men from offen:i- abli ion of imprisonment for debt; thinking, bat it can never follow from thence that it of all the evils to credit, commerce, and to the is lawful to deter them at any rate and by any prosperity of the nation which it was predicted means, since there may be unlawful methods of would follow this hainan legislation. If a punish-enforcing obedience to the justest laws. It is - mest is out of proportion to the offence it must manifest that where the evil to be prevented be abolished, but the true remedy I say is first is not adequate to the violence of the preven- of all to keep within the law Do not imposs tive a ruler that thinks seriously cau never excessive flurs; do not fix more than a man justify such a law to the dictates of conscience can pay
Yon must fix them according to the and humanity. Punishments of unreasonable offence and to the ability of the man to pay, and severity, especially when indiscriminatsly in- if you think you have a right to imprison a man ficted, have less effect in preventing orimes and for non-payment, then let him be treated not amending the manners of a people than such as as a criminal but as an ordinary debtor. That are more merciful in general if properly inter- fines are excessive here I have no doubt
mixed with dus distinctions of severity. Great I take a few instances at random. A China and indiscriminate severity in the law man for illegally dealing in samshu is fined doubt. defeats itself, but timparate, discrimi- $50 or two months; for inj ofing morphine $50 nating; calculated severity is within limits or two months; for possession of two misce of pre- effective. It is the sentiment of an ingeni. pared opium and four tones of dross opium $150 ods writer who seems to have well studied or three months; a certain number for being the springs of human action that crimes without a night puss 87 or 28 days. All these are more effectually prevented by the certainty men or most of them go to prison. Now I take than by the severity of punishment. A second one instance to show the evils of the present raid took place in Wing Lok Street, not because system. A Chinese boat nan, eager to get a first of the lightness of the punishment of the men fare, or to be first on board. fastens to B concerned in the first 'osse, but because they steamer while still under way. He is fined
were not punished at dll. $25; that is an arbitrary and excessive Alus. fue should be fixed according not only to the offence but to the quality of the man who has to pay it. He cannot pay and he is condemned to one. month's imprisonment with hard labour. He is sent to gaol and associates with thieves and all other bad characters and does the same work as they do. На sees the same punishment meted out to a man whose only fault has been a little too great eagerness in a desire honestly to sara his daily bread and to another whose aim in life has always beau to make his liv- ing out of the varnings of others. The man who' sees no difference in the pauishment will say that there is un difference in the guilt and when he comes out ten to one if he is in want, cannot fudi work, and has wife and children dependent on him he will stenl. You have made a oriminal of him. Batter a thousand times to have allowed this in frastion of a regulation to pass with a mere warn- ing His arrest and loss of a day's labour is quite sufficient. Better a thousand times, I repeat, to allow these things to pass thau manufactura ori minals wholesale. Keep men out of prison as long as you can; let them look at those walls and imagine to themselves that all kinds of punish. ment are going within them; for the sake of humanity and the State do not send a mau to prison because he is not a millionaire. From some remarks made on some of my aan- tences I gather I am not considered a lenient judge. When a hardened thief comes before me he gets his deserts; nothing more I trust; and when a man has committed a crime with violence I have used the power the law gave me; but I have a horror of sending to prison men who are not criminals. It is oppressive, it is ant justice. It may be quarter deck justice.or magistrates' law, but it is not just. What is the result of all this P 1,790 persons are imprisoned in 1893 for non-payment of fines; while the total number of persons convicted who were admitted that year amounted to 3,726. Another reason why I ask that imprisonment should be abolished is the importance that the law Les attached to personal liberty and the protection with which in every case it has bedged it. There
on
|
The report was passed.
Allow me to sum `ap
There was an intimation that flis Honour ̧ny contentions as briefly as possible. First, I say Magna Charta and other charters have Sir Fielding Clarke, Chief Justice, wonkd ́pro provided that no excessive fines shall be inbably be absent during much of the year aud ficted; that this has been held to mean that would therefore rather not serve on the Church no man shall be fined iu a sum Яbioh be is not Body, and a similar reqn st was read from the able to pay; that the appointing of juries Hon. J. J. Keswick, who said he expected to go home in the spring Mr. Keswick also suggested or sworn officers to assess these fines were precan- tions taken that the fine should be a reasonable that a good man to take his place on the Church one, and that it should be proportioned not only Body would be Mr. Alford, on account of his to the gravity or otherwise of the offence but long familiarity with the needs of the community also to the quality and ability of the offender; and his sympathy with the work of the church. that in most pass a pecuniary penalty is the only one that the legislature has ordered, and that therefore it is oppressive and illegal by indirect means to substitute imprison ment with hard labour in the case of trivial offences; that in these matters smallfines which a can reasonably be supposed to pay only should be inflicted. In many cases the fact of having been arrested or summoned before a magistate and the loss of time thereby oconsioned with a warning is a suffoivat punishment. If it is still thought necessary to detain a man in order to recover the fine, then civil imprison- 'ment is all that you can impose upon him. And lastly, if all my arguments fail may. I stille
man
one
|
The new Church Body wis then elected for the following year and resulted in the saleo io. of all the old Bard, with the exception of Mr. Keswick and Sir Fielding Clarke. The lay. members of the present Church Body are, therẻ- fore, Hon F. A. Cooper, Mr. E. F. Alford. Mr. G. B. Dodwell, Mr. T. Jackson, Mr. W., Chat- ham, and Mr. C. Ford.
The election of an auditor was then proeled with, Mr. Bird having sent in a letter saying that he anticipated leaving in the spring and could not serve as anditor. Mr. Macbean was suggested as auditor and was duly elected,
Mr DANBY remarked that there ought to be more general notice given of these meetings and if such wore dope there: would be a much better attendance. He had only, beard of the meeting. the previous night and had diloulty in making arrangements to be there. There were many he knew who were interested in the business of the church and would gladly come if they had sufficient notice.
The Bishop then said that that was all the regular business and that he wished the meet- r quest, and that is, ifings were more fully attended. imprisonment for non-pa ment of finks bi persisted in, do not class these unfortunate men whose only offence sometimes has been too great eagerness in their calling or some neglect or omission, do not class them with, do not treat them as, convicts, do not make criminal of them; let there be some mercy shown to them by separating them from those with whom con- tact and association can only do barm. Lastly, remember and put in practice the principle laid down in Canute's laws as the basis on which punishment should be administered and that principle old as it is is good: "Thonghany onasin and deeply foredó himself, let the correctin bạ regulated so that it be becoming before God and tolerable before the world."
An interesting discussion ensued in which Mr. J. J. Francis, QC., Mr. E. Robluson, and the Hon. W. M. Goodman spoke n the order named.
|
|
The SECRETARY—The regulations say that a notice must be posted at least ten days before the meeting on the door of the Church and this was dupe,
Mr. DANBY-Yes, that may be, but of en in bad weather, if a person is not feeling well, be may put go out on a particular Sunday and such a notice may escape his attention." I think n notice should be inserted in a newspaper and a notice be further posted to each seatholder or aubsoriber,
No comments yet.
Private notes are available after approval.