CAB11-57-2 — Page 90

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European Inspector, with headquarters at Cheung Chau, who should have at his dis- posal a launch armed with a machine gun, and a crew, who should be properly drilled. With this launch he would be able to visit regularly all the islands in the new territory. Lamma Island, which is immediately adjacent to Hong Kong, might be policed from Aberdeen. The Putoi Group might also be placed under Hong Kong so far as the policing of them is concerned.

Travelling magistrate.

Launches.

In addition to the launch for visiting the islands, another launch will be required for the east of the new territory, and a pinnace for Deep Bay and its neighbourhood in the west. Each of these vessels should be armed with a quickfiring gun, and com- manded by a European, who should have under him a crew trained to the use of arms.

Judicial.

I recommend that the village tribunals be retained, and that they be allowed to exercise their present powers under proper supervision. A precedent for this exists in Ceylon, where an ordinance entitled the "Village Communities Ordinance" (No. 24 of 1889) is in force, and which, I think, might with slight modifications be adopted for the village communities in the new territory. In this opinion Mr. Brewin, the Acting Registrar-General of Hong Kong, the Hon. Ho Kai, and the Hon. Wai Yuk, the Chinese members of the Legislative Council of Hong Kong, whom I consulted, concur. report on this subject, with which, generally, I agree, will be found in Appendix 6.

Their

As in Ceylon, records of all the cases tried should be carefully kept and regularly inspected from time to time by a travelling magistrate, who should exercise strict super- vision over the native tribunals. This officer should have a knowledge of Chinese and of law.

An appeal to the council of a Tung should lie from a decision of a village tribunal. The resident should be the final court of appeal in all matters, civil or criminal, cogniz- able by native tribunals.

In criminal matters offences punishable by death, as well as offences such as piracy, arson, treason, forgery, highway robbery, burglary, &c., should be heard before the Hong Kong Police Magistrate, and, if there is a prima facie case, be committed by him for trial.

Prison.

The question of providing prison accommodation is one requiring serious considera- tion. In this connection I would call attention to the following opinion of the Chinese members of the Legislative Council of Hong Kong:

"We hold that simple imprisonment has little deterrent effect on the ordinary Chinese, and that, wherever possible, flogging to a moderate extent should be substi- tuted for it. The lower classes, being extremely poor and in constant want of the necessities of life, do not in the least mind imprisonment in a well-conducted European jail, where they can get good lodging, food, and clothing with the minimum amount of labour. It would be an extremely expensive item to provide sufficient jail accommoda- tion for the large number of Chinese seeking admittance as an effective means of relief to their necessitous condition in hard times.

With this view anyone who knows the Chinese must agree. If a large jail be built, it will not be long before it is full to overflowing. I therefore recommend that the punishment of imprisonment be so far as possible discouraged, and that, at any rate to begin with, a jail sufficient to accommodate 50 persons only be established.

The head of the police should discharge the duties of superintendent. The Chief Inspector should act as chief warder, and the other warders could be seconded from the police. The prison should be situated at headquarters where the Commissioner resides.

In addition to the main prison, there should be in each Tung a lock-up for detain- ing prisoners pending trial or transfer to the chief prison; and in each village accommo- dation should be provided in the watch-house for detaining prisoners pending trial before the village tribunal.

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