ohen, a to
The Indian Cave, Jeffean that he mean, Brikerfon as he folences in the administrati
y quote Love Lytton as his justification. Than Rem in the papers & hearden Zivatele, that he has Umitted the flopping wetrich the Chief Justice had awanded for a crime attended with rishnen_
nih rasan
Acknowledge this das fats, and Enquire why the Minnalis Naucil recenting the opini. of the members a
his for dissenting hare omitted from the paper. The act does
from these protein
Not appear whether the Council opinion of the Connial was The prisoners apa
длиг with percep
game his age and Lord Caman gather from the dispatch that tar
15, but on the
Hahat bir
, only & mall. Hennessey discharge the Zenome beaux de h
sondig having saw the prisoner himself a from his
Mr Smith, En quing
our obseratinis as well as
Entertained no double but that the last there flossinge wolle given to him when he wons over henty years of Ager. Of this book wally the case, The first Gloppis
2 Grom when he was over nineteen year of age; thing
that between the first & the fourth conviction
hot mom Hom
of only sixteen months had slaford
only between the first flofi, & that
an inhal
: & deven mattin
That. off which Mr Hempy
offwhich? Speak for overruled the
Emanquent he has
and ch 154 1875
magistralis
a quine of Jach, which the law, has especially Jelare
a flogwish
with_ Thein coquisanen, for it empowers to award a
if the age of the prison
appears 88the magistrate not
prismen have been horie
tostaud 16 years.
This Juris Convicted by Mr. Russell,
Ihr May, and once, on the last occasion, by both Magistrate sitting togething
* if M. Hempy is Dorrect in his opinion of the firs age, These two joutlemen, who fearn home for an in
Many with this piim poms Juwely failure in the duty or
gran The colony have on the #occasing Invore Theus cons unable & judy of the Jaismen age within 3 a 4 years,
it was de rendis appetent that although there formin with for the one with his way Slight of perene of the Chinese faciat pentiantis, which Bone comers genually appear the all aliker, was able to determine the age as om toenty years. The Affore Under Inch circumstances the opinion of the Speculia Committee how beam of em quando The Minutes Mouncil comere have told me what is Jews lifte
of in dull whether the Governor Adhund to this opinion,
inertons as it does a ory Dorions imputation when With Mergul opposition to the whole of this council, on has done so without Consulting them ne
very importans element in the can: An Element which was not defor them when separatif a in
May 17418 The usual convenient manne-
They ex Jressed their Japanes
Their concuren in the magistralis recommendation: but which have become of great moment befor the German shind Discharge on June 22: So far as appears from the Gapers Mr. Hemely relied upon his are observation & Mi Smithin Uput. That dreumech contains a statement to the prisoner instatement by to withe frinsonen as being his mother. These hos statements contradict
referent Each the penchefe del
hay hon facts, & the woman's testiming as to age
i woman who claims the wis out, but wome
is tape hearsay, while the prisonen gairs the lamest Hause to account for his having decland his own ager To be 15 at the time of his first conviction.
No stress can be placed recons The
hendis to the
on the fact thank in the
later ages appeurs as 21 on 22, for it is supplied bithe prisonen : & is probably cosine from & chay that.
otapalin:
a it is worthy of notice that on Each occasion. In appears to be of a different trade on
a thon W. Smiths recollection of the interpreter's
Opinion is of very olight value in a question of fact: he pain from Mering any one tens elf.
The jauth
On the other hand the magistintes report that on currction they dost together, and that the prisoner upon
appearanen was
The basis of ages first given and his pidque to be under 16 years of age,
to be Glogue
and Sentinel
Under than circumstances it is windende That Mr. within thing too much weight toony weak side on has Hennessy has Bchieve mainly upon his own
primin " judicial decision ofthe magistrates, Opposition to, or without ascutaining, the
in opposition to the judicial decision
Arastu his
views of the execution Council: and Low (armaron will Instaby Jul himself oblique to with holder approval, Trich could imply that he was datis.
Latisfied that the man caus mon than 19 years of age when In duland himself to br 15, and the magistrate dal that he affer
the under 16:
jedivially divideder
- and would convey a very gramm Conturen apon both magistrates, which dann my For from breg datisfiel
is deserord in this case
The Third chart which Mr Philippe dereiber es duttful was on a change of hing a Rope & vagabone,
an old Iffende
Jugmenting the state apparently, with intent to commich Jelang to with _ to shine from the Jerms of denker deamen _ The magistrater noter of the wichan are, as he admits,
-questionably meagres;
But he sx plains that there
must be other widine go of the prisoncis intent,
it is disauber that in such caters
willing to belim That such was the case, but Magistrates should bond to make their noter of the Evidence someshah fullen. Zappe with Mr Philipps is of Mining that there was no moral dabte in this case; In the ththe case. w. The fovernor's menut discharging the prismen Guotes M. Philipps de admitte that the sentimer to how Hun incorrect: Inotice however that The Attorny furse don not imply that there was any
of the prisoners fuilt, only that the order requiring hime to fin d. security was made at the time of concretion/pustiane
inconut as having been
at the end of the imprisonment.
There is consquett little question as to the men being a dan Charalin, de donn
-ferous to the pream & oren of the Colony; & LowCarmanon iile
Perhaps refrain from of Iressing any opinion worth in the form
Discretion
upon the fovernor's judged in refusing to deport banish him from The Colony-
regand Stealing wer rotting
to the Sentence of 24 strokes, the charge
Ming from the person, not simple larceny, and as
unchen Ordinancn 68 1862 Then in fore the magistrate.
geuse Nowon of awarding 36 strokes, it is perhaps 5.-. Jissible In Lnd (aruaron to determine that the Exha Jou Jokes some illegal, in the absence of any 24 plancton
from & magistrats;
and II not find that the Jour
Chew Etc attention J. 120. Russell & this Jerint
apon him for any explanation
arom can scaras disch
action, as
M. Hennessy regents him to do, inasmuch as I for has
nut gin M. Philippo an opportunity of modifigig Explaining on with drawing his observations, and the Matter is not of dufficient importance to prolong the Covespondem Gregsing him to dononos. (It is a shably thick brands it home behind Thit. fis be. )_
& make it repay
MW. Henessy appears the conecte in his view of The Established praction of requiring Prismes & find Lemsily when sentiment, a Dreporting the case & this Governon at the end of the imprisonments; and as the
action is
A.J. Lee Broncan & M. May supperti a Ireventing the Earon in future,
regind from the Sac state; except to approve the action of the God. in calling attention to the pubject. He does not
is suggests That the sentences of imprisonment are vitiatial bythiern
regard to the order to find security,
or that subregunt onders of deportation.
won illegal; a he has not coumthing
his advisers on wither Genstion, Theifer Iconclude that from hand reput I. This matter for information only.
I also add a paragraphe 5th. despatch Enlayiz an
menssity of deportation-,
Caleyten
interfering with the
The jud in
waring the sentives
I parte apree
ryant 5the papery in Mr Philippo's report in which he refers to the Fully case in India, the Attorney Geverne comes how din- better to confine himself to 4 at advice as distinct from postitical comment; but Lont
Bendraser
on conful of Quases & Majeshutes
Without unduly interfering with,
too readily reversing tn Hennesy's
action (specially
regard of
dass of cons
which he will count upon=
& weet with douce
cidderate amount.
of poendophelautterspic cepport have)
must watch all be procedrugs
vey havmily, a
Experience compels
us to do
see any leading
to bolt to the right or left from this
Established procedure in Hong Kong
wtricate
perracades
with special dangers arising from the
Aunen Clearacter Thich he does not.
understand / be should be proudy &
holl as possibt led back into it
not only terribl
but real danger by crude
"thoughtless improvements» ii
ai perredden.
Mutt Sago.
agree- with Lesce to Ift.
Copy only
Government Hirse,
Victoria, Hong Kong.
23 June wayy
I have the honor to lay
before your lordships the paper relating to a proposed
of deportation in which I have felt myself compelled of decline acting
unanimous recon
ا سا کری
my Executive pouncil.
2. the case
aries ander
Ordinancs h? I of 1858 entitled "An Ordinance for the Regulation of the Chinese Deczule" for other I begins with a
purposes.
recommendations by W. mach, the Police magistrate,
Fight (Emorable
The Earl of fernarvon
Colonial Offics.
which after reciting your convictions hat had been obtained ay annet
prisoner named Chan-Ein- law,
1. The priemer being incorrigible thief and considered person dangerous of the seace
and good order.
of the Clony
having failed to zive he security required of him,
there fore respect fully recommend
Lim do a
fit subject for deportation under the provisions of Ordinance W. 8 of 1858 Section XXI. 3. for your lordshinges information, I here annex Section in question:
Section XXI of Ord. W. 87.858. Any stipendiary magistrate or justice of the fence may cance any Chinare persons & find rexemable security for his
Appearance in
for any purpose and of
time within twelve
mouths, and every
adjudication & the test.
be made in open
court and reported forth with to fofis Excellency ;
and such Chrisce not
finding such security shall be deemed
percon dangerous & the
of the Colony, within to meaning of Ordinance 4.9 of 1857.
This last mentioned Ridinance gives power of the ( overnor Council Edeport for five years any person not being a matureg
naturalized subject of Her Majesty.
rdance with
be practice I find prevailing here, this recommandation of Bemagistrate, under Ordinance 4?8771955 techoy XXI ve property accompanied, when sich around the members
members of
Council of the Invernor, by depositions alleged against the prisoner
the various cales
as the justification for the order of Deportation.
5 The Magistrates recommendationsg & the depositions
cause the in
the renal cource on the 19th of May, each member of Council having rea papers his concurrence with
recorded upon
Mr. May's recommendations
5. Jooking to the heavy penalty
of five years' banishment, &
involved in
of the still severer penalties
untarful retons
Government Ho
Victoria, Hong
from deportation (a
ancorumay crime air
crime in Hongkong?
I have felt is the
hot to lifes deportation orders
hastily But hot
of course;
carefully consider the depositions & the proceedings
of the magistrates in each case. Having done
make the
op Exxan-tin-ham,
the following arminte
the papers on the 22nd of thay
I signed the
deportation warrant with
reluctance, as one
sentences that had been
carried into effect appeared
The illegal. In this
I am also some what curfirised
of the sentences that
have been inflicted. Before signing the warrant I should therefore be glad & receive
a brief Report from the Hitting
of the four
convictions and sentences
which are
put before
he justification of the cource
am recommended flake."
case Ewhich I
refer as being
in which I
siqued the warrant with reluctance,
was where a ventence similar
fourth on then. Ein - lam had been paared. I could not satisfy my alls that it according Flow, Kel Ferefore cent for to Attoma General & explained any difficulty
my thim. He had already recorded
in the sentence
of deportation; but be admitted there was somethre
in the ponit
Frances. At the same time besid
was bound Officially
advice me that I alimenti Order. He pointed out the
inconvenience
of a lovemos interpering unduly with the discretion of Magisenter,
gave many weighly reason whe af wernor thould avoid thinking for himself in matters
in matters of low
& Justice. quite of my
Aceedingly.
acted on his advice; recording however the fact that deported the prisoner in question with Great reluctance.
of Ehren- tin- law, I discussed the details
in Executive Commons Lates called for
written repor
from the flames General
I this report is given on pages
I now endre.
of the papers In his report the Attorney Central makes the following edmiccions.
"With regard of the 2nd Conviction, I do not know that
Magistrate
ifs had been sitting I should have convicted
however be qualifies by saying,
property, that the magistrats having heard the widence had
of judging. He
better mens
adde that the primer acted
most suspicions manner,
& that he has
doubt as
little moral
this quilt.
With regard & the zod
Conviction be say.
Conviction is I think so far
of the circumstances
Somewhat
Government Hon
Victoria, Hong Kong.
somewhat__Koubtful"
respecting to fourth furction Sentire beings.-
" latter portion of the sentence
"would seem the incorrect. The Ordinance
in arauche es
only empowers to finding
of security for the appearance
the port, charged in
yourt at any
time within
"twelve months from the date
of the adjudication."
In quite of three admissions, the Attorney General conclude, his report by expressing tu opinion that he had saturfactorily aispored of any objections
away have entertained.
I had previously
out of him, at x wee
eeting R the Executive Connect, that,
in addition to other defects in the proceedings, primer had been flagged five times, the last three Floggings bling
open grave Loubt; & d
expecially
noticed the fact
that the age of the primer. When sentenced to be flopped was recorded in the depositions
Fling 2/ in
and case.
22 in another, whereas
power of flaxing
of the magistrates
in cases where the court was of opinion but the accused was under sixteen years of
I therefore referred
then at his suggestion seat
them of the magistrales, beefers May & Ruccell, whose proceedings were in question.
12. I transmit for Your lordship's informations the Reports fobservations
of the magistrates.
Exportimity of reading
all the minutes that has been made; for they
Weds cunder
first time, recordesther's opinion that the prisoner sixteen in the year 1876, I acked the Registras Ceneral
A hit, who had see the
man in prison, off make
enquiry treport fue
the subject.
I have also
see the prismes myself, f from any
own observations
as well a
Jentertain
Wt huiti
Smith's enquiry,
no doubt when Levels
but that the last three
Flosings
were given tim
When he was over
twenty years
13. The two sentences
under which hase three flo
were given,
in the following
4 Maths Hard laburr &
24 broker
"privately
Hiqued, J. Quell
(16July 1975)
to be impriamed for
"12 months with H. L. and of
be twice flagged
to stroke, each time at
Expiration of imprisonment
* find security 2 householder,
each $25 the forthcoming within 12 months in default.
Government H
Victoria, Hong Kong.
care the submitted &fth.
the wvernor with view f
deportation. Sigurd
7. Russell (20may 175)
14. It will be observed
that the second sentence
does no hotate the instrument with which the primer
Whilst the
be flagged; fires of there two sentences
direct 24 throke,
As this sentence dans woh
subdivide the armber of Strokes it would seem
be et variance with the local lew which precludes
sentence by a Mangistrati
twenty stroke.
15 In the whole I entertained
Section XX!.
fuck & Eave doubts an
convictions & sentences
this case, that I declined
Ladd of the various imprisonments
flollings, which the former had fully undergone, further punishment of deportation
16. Having a fer reported
on the enclosed papers
explained the cource I felt
compelled flake,
Ivanture
tack your lordshajes particular attention of two points
of some importance. first is the interpretation have ventured to putere Ordinance 2°. 8 of 1855
and the Allomey Jeneral
in his later opinioer
Leems how
dispersed & take the same
view) the adjudication of find Renrity within twelve
months should in each case be reported forthwith 5. the fovemos & could have
no legal prospective effect in contemplations of imprimer If I am right, there havchen hundreds of cases
kind improperty, deal with by the magistrates; for the second sentence I have quoted in a preceding peragraphe (13) is the form of sentence pronounces week after
as week bab.
FW. Russell when they
desire to add deportation fimprisonment.
17. The second point Ewhich Jack your Cordhips special attention, is involved
an observation officially recorded by the ffttomly [overal on the enclosed papers. In his
further report dated 12th of June, W. Pillippo, while lay ich down many sound principles in which I entirely, agree
as to the relativis be twlly &
Govenor & stipendier lengritiates,
admonition
hardly, called for
by why mainites faction in the
beregen &whit
has been laid down "witter
knowledge by the "Colimal Ofice, the windsche
Government Hax
Victoria, Hong Kong.
a warning in th
Following words
Uules ofis Excellency
" is prepared to charge the "Magistrates with criminal "Conduct in the matter, & to
for instance to consure the may intraces
magistrates in "any. " which they
exercised
"discretimer power (Hi "Exellluny will Fam sure
excuse bad
for writing Freely)
would be, in
my quinier, f repent the blunder, made by Lord Lytton in Sudia when
" be censured of punished the " Magistrate and to some extent " censured also the Supreme Court
for leniency
a Native died after having
been struck by a
European
Signed George Rillipps
Allenby Cineral.
No doubt Lord Lyttons
the matter to which
to Attorney General adverts has excited a great deal of attention broughout the
seen, the great majority of intelligent and impartial Europeans in tract herily approve of Lord Mython's conduct: and by the natives Troughout India
Oriental Colonies, it is regarded with loyal & affectionate
Gratitude.
19 Unfortunately
19. Unfortunately,
there is in Judid
Easter Colonies
however,
very small
but somewhat rabid section
of the comm
community
no opportunity of attacking
Kytton. Seeing the
good result.
of what the Vice Roy has Love and believing
that his actions in the Fuller
was in the highest
both just & politic, Iregard the attacks which are
him by a few
narrow minded politicians as
not worthy of notice. when my own
Attorney Cineral avails himself of his high position to record, in
Official minute, his condannation of hord Lytton, I feel that
such not be
a proceeding
tirely overlooked.
be entire
20. But whether the
Official minute in question should be allowed to remain
in the records
the plonial kcretary's Department,
what action - if any - should be taken about it, I leave
of your fordships to decide.
I have the honor to be
Your Lordship's moes obediens
humble servant Beffenery.
saut CIL
Government House,
Victoria, Hong Bong.
23 Junesty
My dear Mr. Yox
countant hodge that
Bropy my
despatch 4.44 this date may
uck you Luncture
copy of it.
Always Gares Jack
Minite by
Excellency The Governor
1. In the case of Chan lin Land.
though the allorney General on the 18t
of may concurred with the other Inlmber
Conneil in recommending me to deport the prisoner. I referred back the
of may to the
Attorney General for a brief report. o
Each of the four convictions and sentice.
which had been laid
the other members of Council as the
justification for the propered deportation as I intertamed a doubt. about some of the Convictions and centences as 33h
forth in these depositions
2. After again considering the
Convictions
convictions and sentences, is his
minute of General
the 25th of May,
Attorney
regard to the
Second conviction, from the transcript
" of the widence before
hel. I do not
" know that " " "I had been litting
" Magistrate I should have convicted,
but the magistrate had the opportunit
" of hearing the Evidence and better
" means of judging - The prisoner
icted certainly
in a reost cuspicion.
"manner to say the least and I have
" very little moral doubh as to his Guilt.
"The remarks as to his punisticent.
" in the first case apply equally tà
with regard to the 3 ad conviction
This conviction is, I thick, so
au awart
Somewhat doubtful."
the circumstance,
" With regard to the 4th Conviction
- first portion of the sentence seenes " good provided the prisoner still
appeared to be under 16 years of age. The latter portion of the sentence would Eeem to be incorrect."
I s the prisoner has actually, Served out the various periods of
unpresomulut
and sustamed the fil
floqquings imposed upon him under
Chire sentences, one
of which the Attorney General admits to be somewhat. doubtful and another incorrect, I cannot comply with the recommenda
that I should add to luch
ther one
punishment thee further
banishment for five years.
Therefore the prisoner, having now fully Derved out his last sentence (12 maltes imprisonment with hard labor and to be
→ borce flogged),
be discharged
Communicate a copy of
པར་མཁན་ཆ་
this minute of the magistrates.
Send them also
of the Atcounty fenerali opinions of the 25th of May for their Guidance
lame of Regina
Magidlingy, Almosting
19th May, 1877
Chan-tin- law for the
information of the Excellency the Guremor.
10 Conviction. 9. Marambur 1874. Cara N. 6726
of Chum hopli. For
under the name
eleaking 35 cents from the pemon of a fernale in the Strat. Sentenced to 3
monites impris
infirmiorment with hand labor and to be twice whipped wit a
rathon livelve strokes each time.
gud Camiction. 16 July 1878. Case N. 4489. of Chan tim ling. For
under the nome
lavery of three me Ballar Bank note from the person of an Emcopene
street. Sentenced to 4 minits imprison = ment with hand labor and tale privately flogged 24 Sticker of attor in the breach
3rd Commition. Its Jammary 1876. Care Ne
339. Under the same named to
prevrim case.
Vagabund
For being a rogue un old offender frequenting the treet afferently with intent
wil, to steal
to commit fel way, to wil,
from the persons of drinken seamen, Sentenced to 8 monites imprir morient with hand labor.
4th Carviction. 20 Mary 1876. leave no
Silver watch with
3131. For steaking a black chain attached from the pressar of an Carofream in the Street. Sentenced
to 12 months imprisonment with hand; labor and to be twice flogged breech 10 Sticker each time and at- ecefiration of imprisonment to find
I haveholders of $25 each
security in
Answer any charge miting livelie
incorrigible
dangerous
The prisoner being thief and considered a person dongosono to the frame and good order of the lcolmy and having failed the security required of him, I therefore respectfully
recommend kin
as a fil-suljed for deportation under the forvision of Ordinance N. 8
1888 Section XXI.
Signed le. May
19 Colin Magist
9 November
Case No.
Warrant No.
DED 9 November
POLICE COURT, CASE No.
COMMITTAL WARRANT, No. (€46.
AT THE POLICE COURT, VICTORIA, IN THE COLONY OF HONGKONG.
Jane Russell, Equie,
sof Proceedings in the Cause in which THE QUEEN,
Ann Jackson
M. unnan-Raval Mond
DEFENDANT.
Police Magistrate.
is COMPLAINANT
Chum Dopke. 15 of Imm.
berolie.
On 9 th November instant at Victoria
Thirty fure cent of the many of the complainants humband from the perso of the complainant feloniously did steal take and carry away
MEMORANDUM OF PENALTIES, &c., PAID INTO COURT.
SPECIFICATION,
SIGNATURE OF RECEIVER.
Monday 9th November 1884.
husbandá
name is Charles
bow. This morning about 44 port 7 o'clock. I was in the Central Market in Wongtong,
Mary Chun Jackhour
Kawlom. My
states. I live at
the therefore
cento remaining.
podied I found 11 cento loose in
removed 35 cents. I
my pocket.
picked up some of the
a butchers stall, and I
from the
In fact I reemered
I felt a hound
about to purchase a piece of meal, who
my pocket.
wood about me. I timed sound and
caught the defendant by the hand as be pulled it from my pocket, and from his
money. pocket:
hand there dropped some he had taken from
my in me 46 cents - 4 ten cento pieces and b cents in
in copper.
Damining
HONGKONG.
Cuse No.
POLICE COURT,
pushed me
The defendant
violently agains
call. I was hurt. Nave of the
help. My
Chinese wild
there. We trok the defendant and
enstable at the market:
to the tation the
defendant dropped into a levalie= basket 12 cents. I saw that and
handed it wer
to the Constable-
with that 12 cents I have reemured
all my mumey
I never hot gl
of the defendant.
No question.
Mara Fai declared etater:. From a
suant to the complainant. heard a noise and saw
briefs seizing the bay. I then look him.
Hata Sing. P. C. 3.96. declared stater. His morning at the Cential Market-
the defendant
given into my
custody in charge of pocket pricking-
She complainant -gave
but I ewld not
me 12 cent
what she
Prismer not Kucson on
Prismer. I went to the market is
make a fun chase. I had a quanel. with the 2w witness. The called
urman and charged
Prisoner to be imprisoned unt
Ward luber for 3 minites to be trvice whipped mit a rattan 12 strokes each time.
Aigner Jr
REMARKS.
Commenced
Temanded
CONCLUDED
of Appendages
Case No.
Warrant No.
1st July
POLICE COURT, CASE No..
COMMITTAL WARRANT, No. 183_
AT THE POLICE COURT, VICTORIA, IN THE COLONY OF HONGKONG.
Jamen Rufel Esquire,
Ninutes of Proceedings in the Cause in which THE QUEEN,
John Butter. learpinter
DEFENDANT.
Police Magistrate.
is COMPLAINANT
Chan Trim Ling, 21 of Sanon, Wawker.
On 13 th July and Molen the
instant at Victoria) Three and Bollar
property of the Complainant from the pawn of the said Complminant. in the street felminnly did steal latte
and eary anway.
MEMORANDUM OF PENALTIES, &c., PAID INTO COURT.
SPECIFICATION.
SIGNATURE OF RECEIVER.
Priday 16th July 18751
John Diciter
tates. I am a
penter on board the British Borque "Malli"
yesterday. In the Queen's Road about 6 o'clock I was looking at some handRachip in a stall in the treet. I felt amething tugging at my pocket. I turned round quick and I saw the prisoner running. I followed him. I dumbled
artall. My partia Kept sight of the
got sight of him
huris. I had me & I hate and 3
I arrested
are Ball an
Hales in the pocket. I had been drinking. These were $3 taken. The "five"
HONGKONG.
Case No.
POLICE COURT,
I did not see the hand in the
Edward Said
etata: I
of the Kill. I was
am deivand
day afternoons I was nut the A- penter. We stopped to buy hand bin.
chiefs. The Carpenter
Jaw ennebody
picked my pocket. I defend nut running
Raw the I did not
see him crap anything
thing with him. Naching
on him. Whe
close to the
penter & -ide, but there Reveral Chinese land &
nat Zee a
hand in the U in
Case No.
POLICE COURT, CASE No.. 339
COMMITTAL WARRANT, No...
Alper Gray
States. I know
was sentenced
the prismer. Whe
# November 1874 to 3 months
Ith and 24 stroke for picking Mr.
Jackson's pocket. Cave No 6726 of 1874.
Sefendant damp: Dork the Witnesses wie drunk, and they beat- body. They beat
Good before.
tor. I was in
Imprector Gray etater: The Complminant:
little drink, but the other mon
perfectly solen.
If March. And laber and
34 Stoke of Rattan
privately on the breed (Signed) JR
ONCLUDED
of Appendages
Warrant No.
24 January
AT THE POLICE COURT, VICTORIA, IN THE COLONY OF HONGKONG.
BEFORE The Um & May,
Minutes of Proceedings in the Cause in which THE QUEEN,
REMARKS.
John Lindday.
O. Serge
Police Magistrate.
DEFENDANT.
is COMPLAINANT
Chan Train Ling, 29. of Sanon,
instant at Victoria
was a rogue and Vagabond
offender flequenting the street appromilly with intent to commit felmy, to wit, to steal from the
from the person of drunk.
MEMORANDUM OF PENALTIES, &c., PAID INTO COURT.
SPECIFICATION.
SIGNATURE OF RECEIVER.
Monday 24th January 1878.
J. Lindsay, Police Sergeant
-Al-about 3 Am.
deproses.. 23. Jamany
I saw the defendant following dunken seamer. As Knew him to have been envicted of fricthing prockets, I tok him into custody. I produce Mos former envictions. Cave No 6726 of 1874. picking the pocket of on Emofreon female when
sentenced to 3 months impet. with 1th and
to be flagged. We was the pocket of an Emopean
convided of pricking
Deannan). Il col
of 1875 and sentenced to 4 month impt. und 1911.
Defendant
States. Ionly
in order to get
came back to the Colony to seek
Donne money
3 Months Impt with 1th for R. J. V
from him. Signed File
MAGISTRACY, HONGKONG,
16 May..... 1879.
Note of Enquiry to Gaol Office as to whether the undermentioned prisoner fre Security.
Sentence.
Name of Prisoner.
Imprisonment.
Security.
Date of Termination of imprisonment.
Remarks.
016 May 20 Chan bin four 12 mint 12 Moriches 1871 May 19
eply from Gaol Office.
for Mifa Laing Vorna
(1.7% Jomne. Pontar
First Clerk.
Cafe No.
POLICE COURT,
HONGKONG.
Commenced
ONCLUDED
of Appendages
Case No. 336
No. 1-8.
POLICE COURT, CASE No.
COMMITTAL WARRANT, No..
AT THE POLICE COURT, VICTORIA, IN THE COLONY OF HONGKONG.
The Wimble Charles May Jannes Anfell Esquie
Minutes of Proceedings in the Cause in which THE QUEEN,
Thoman Grey.
Imprector of Police
Police Magistrate
is COMPLAINANT
DEFENDANTS
Chars tir Jaur, 22 of Sanon Servant lehan
2. Lenna Maw, 36 of Maeva, Ware Coolie.
Chan Tin Jam On 19th May intout at Victoria me silver watch
with a black cham attached the property of med Jean Anfitrite Invow from the person of the and feand Raptiste Ammo felonianly
felomianly did did like and
carry away.
ift Lawn a low On 19th May aforesaid at Victoria afermaid felamin 4
did revive the said watch and chain the and there will turving the same to have been feminaly
ellen Laker & carried
MEMORANDUM OF PENALTIES, &c., PAID INTO COURT.
SPECIFICATION,
aforesaid.
SIGNATURE OF RECEIVER.
of 2nd Defendant paid
se 19: I'ime of
this day at 9.
Friday 19th May 1876 Defendants in Count
Thomas Grey. Infector of Police even defroth. The 10 prismer is charged wit stealing a silver watch from the person of Mi Amant when in the Central Market this
day. And the Nad priomes with reaving the said watch Munning it to have been stolen.
I believe I cam
bring evidence and arth for remand.
Remanded until the 20
to Intant
Anjured, O May
Case No.
POLICE COURT,
HONGKONG.
20th May 1876.
Sefend mit in leant
Joan Rapitate Durran - Owon definiert:
a code. I
prevent with M. Vincend the Frank Bakery. At about 8 Am. in the 19th Intant I went to the leantral Market- accompanying W. Pillant-who-
to make funchaves. I had silver watch in the inter breast pocke
evat. and it
was occurred he
a britton hold by a black chair and I bar. shortly after entering the Central
Marked. I found that I had not
watch and chain. Unw
were taken from do not know. I
by whom I
uneciatio
the Central Station and made
refport to Impacted Grey- at about qu'check I received a communication in ear- sequence of which I went to the Central Station where the Inpector
exhibited to me. un
watch and my chasin. the same now in leant: at
that time bock the prisoners were in cintory, but I have
Prismer ackno
Knowledge of
-question.
Meepe at Niyan. Police Sergeant 122. of the Detective Branch - At about 8/2 Am. 19th Instant I got a report and ordere in comequence of which I went out to
O. Constable 197 was I went to Central Market-
make enquiries.
with me.
and thence to Paipingchan. I heard something about the 10 frisme who
Known to me,
and this what I heard
had reference to the upper floor of Hollyword Road. I saw both pimen there withing down close to each other. Isaid to 14 prisoner!" give
"watch" he
me that.
what watch:
enquired I answered "that watch
you stole
from a European at Cential Marcel- "this morning"? 1. Prismer replied "Oh, I have employment. I am not a thief
? Isaid" it is
"that. I have made
"Well me
your saying and persons
you stole it." I tumed to 2nd Prismer and said to him "have
"you seen the rated" he replied
pointing to 1!!
9" to 1"" "fursiner " ask him ask him: 1 prismer thereupon said to a woman
the wife of and prismer, bock 200d prisoner and his wife being Known to me - "give that watch to Ah ngan". the
then took the watch from her jacket pocket and handed it to me. "I said to her " when did
watch" and she replied
hearing of 2nd purismer my
it to me! The god primer
said nothing at that time. I look back prismess to the leastial Station,
and the last Witness
be identified the watch on his
property.
the 2nd prisoner said. ["the 10th pummer brought the watch to
"me, and I was
to send to
"Sergeant Ad Ngan to tell him about it.
when the Sergeant
came into the
"roow." The 10 primer on the way to
the Station arked me
to forgive him
the time. I have Hawledge of 12-
frisomer, and produce previons
of conviction
him. See Cave
W. 6926.9 November 1874. Jarceny from Nesan. Sentined to 3 months impt t
and Murie flogged. At that time the
14 prisoner gave his age
leme N. 4489. 16 July 1878. Larceny
from Verrow. antined to 4 months 14.4.
that time he sail he was
and flogged
breech 24 strokes. At-
les p. 339. 24 Jammy. 1876
| Sempricious character (falluring drunken
Demmen). Dentined to 3 monitio th I have known the 2nd prisoner
asuant to forsigne
nothing agaiunt
to this case.
his character antecedent
Defence.
1! Prismer states. I have been employed for some days by a foreign I went to Cential marker- to buy fish. I pinced up the watch. I
took it intride the Marker and was looking at it when the 2 nd prismer Daid "what have you got then ; and took the watch from
from me. followed hair to his house and then The Sergeant
2nd Prismer states. I have bun
employed by Mr. Inaba of Mefer Rutte=
field busines
and Qwire
for 17 years. My
now is to
m brand the
"Ichang" steamer
morning.
had done so on the
at 8 o'clock and
when near
going Quang Yuen that I
the trion
a natih in his hand. I amfrected that he had stalen it and look it from him intending to inform Sergeane- Ah Now about it. the 14 primer followed me to my home and I put- the watch on the table. I called
my wife and told her to take car of the watch until I could bet
Sergeant AhNgaw, but shemaid break- "fast is ready- gar had better have that "first" and chortly afterwards Sergeant Ah ngan entered the conn.
1. Prisoner to be
imprismed
for 12 months with Otk and to be twice flagged on brach 10 Shota sack time. at exepriratio of imprisonment to find security 2 householder each $95 to be forthenning within 12 months in default case to be submitted to ttle. The Governor with view to deportation.
2nd Prismer anvicted of receiving
stolen goods.
I month imprisonment
with 17.4. and to pay a fine of 850. in default further impusmment-
for 3 moths with Hard Labor. Bigned & le May 1.1 J. Rufell
Minutes by the Amorable Members
of the Eventive lameil
Iemeur in M. May's reep
mendation.
remart's upon it when it was first brought to my attention.
(Signed) -Cs. Phillippe, Attorney General
18th May 1877-
(Signed) JM Rice
19 th May 1877.
I ameur.
(Signed) lecil Chith
18th May 1877
This course has been constantly adapted in this Colony. To therefore Ithink I made
(Signed) I Gardiner Anchor
lealmial Suretary.
19th May 1877-
Minute by this excellency the Gymuner.
signed the last deportation
Warrant with reluctance, as me
the sentences that had been carried
inti effect appeared to be illegal
In this case
also emerhat
smprised at some of the sentences
that have been inflicted. Defore
the Wamant I should
therefore be glad
to receive a brief
report from the Altuney Genral
each of the funn
the four envictions and
sentences which are now
pus before
the cause
me as the justification of the
Rennmended to take.
(Signed) J. Pape Wennafy
Report from the Attorney General.
The enwritions of the Magistrater
being in full force unappreated againt-
inreversed winnt be emoidend
in law and would
the Excentiva lemmil, I think, in
enamending that the party should be sent out of the lealmy.
Oy Ordinance N.9 of 1857.87 au amended by 4 of 1871. §2. it is for vided that this Excellency in Commeil
by order under bin hand, for hibit any person not
person not bring tival bow or nativalized Subject of ther Majesty from residing or leaving within this Colony drung any
of time not exceeding five years may ly
the same
or any subsequent
order under his hand fis
the time
for the departure of such person from
the lealan.
Section 21 of 8 of 1858 it is
provided that
Chinesa pressor not finding sceneity if required mude that Section shall be decund a perour dangasis to the peace of the lealay within the meaning of Ordiniame No. 9 of 1857.
The effect of the Ordinous taken
together
it appears to me is that
apart from the Ordinance 8 of 1888 the Guernos in Lemmil has for the purpose of leetter seewing
the peace
of the ledlamy absolute faver to fors hibit - any person not being a Subject- of the majesty from residing in the lealmy for five year
has been given
acceded to by A.Vs. Government under the peculiar circumstances of the bedding. The interfume with the rondence of aliens in the leolung in
not nearly as great as that which evisti in Gibraltar
alien can
Juta Gibraltār enter without a props and if her
if he une
ever convicted of crime, he would
be allowed to enter if
he were know.
The question have
as itseen
to me aport from any objection technical or otherwise to the legality
of the enviction is whether
is shown to be a perom
the primer
who for the peas and good order of the lealmy it is desirable to remmes
With regard to the 194 Couestion
I think there
the evidence, if it
be no doubt that
to be believed,
justified the enviction, and undir 7 of 1868 $28, might have been Kept in penal sumitude for 14
дето imprisonment with hand labor for
years, solitary emfinement, and if under 16, with a whipping.
The prismer in the opinion of the Magistrate did not excund the
age of 16 year I presume, and Dale presume that he revived the sentence
of 2 fleggings under 9 of 1867. § 6.
"With regard to the 2nd Cannidion from the traneipt of the widense before me I do not know that if 5 had been atting as Magistrate I chuld have envicted, but the Magis= brate had the opportunity of heming the evidence and better means
judging. The prismer acted certainly sis
Suspicions least, and I have
doubt go
to say the little moral
as to his punishment in the
ease apply equally to this.
With regard to the Fit Commistion
I presume the Magistrate wished to give him a function chance before salling upon the prismer to give
be might have done under Section 21 of 8 of 1888. The conviction is Ittinte soforas I am award of the circumplaners annewhat doubtful. With regard to the 7th Cenvidion the first portion of the sentime seems good provided the prismer still
of 16-year appeared to be under
The latter portion of the sentence age. would seem to be incorrect inasmuch
us the Ordinance only empowers finding of security for the appearance of the party changed in leat at time within 12 months from
the date of the adjudication
It is diffients, however, to give.
genral report upon
the envictions as
it is impossible for me to say upor what point 17.C: wishes for an opinion. Ishall be happy, however, if I have not satrefactorily disposed of any abjections which Ot.k.
entertain,
to write further when I am infamed
to the questions upon which 14.&. wishes to be advised.
(Signed) G. Chillipps, Altancy Ge....
28 mm 87
I have some doubté also
the legality of the practive which however has always obtained, of sentene
the firismer to find bail after a
onwiition for an offence
the sentence is pronced
the change for which he has been tried
and envicted.
(Signed) G. Phillipps.
Minuto by this Excellency The Gymernor.
ت میں کمی کی
See the age of the Primer recorded by the Magistrates on the depositions
(Signed) J.Pope Bennefy
28 May 1877
Report of the Attorney General
Under Ordinance 9 of 1867 $4 the punishment of whipping
rized where the offender should n in the opinion of the Camust-before when he should be brought or appear
exceed the
age of 16 year. Under 16-year.
Ordinance 16 of 1875 by virtue of which
I presume the lant envidion
made, it is provided that
کیا کر کے
whiphing
be inflicted upon enviction of
make offender whose age the Sectio appears to the Maguiliate
not to exceed eineteen
quite possible that the down is the age given by the of mous
in order to avoid a whipping before
the case is called
for heaving.
event it seems tomme under
the Ordinances that if the
if the Magistrate
satisfied that the offender
under 16 it would make no
¡ if his age ceedings
entered on the pro-
no abme.
am not requainted havener,
with the reasons
of the Magistrate.
It is quite open to tt.. to call upon them for a report as to the circumstances
and expecially for the reasons why the furnish = ment of whipping
when the
age of the convicted person is etated in the forsendings theunclves as above 16.
(Angered) Gy. Phillippe Alttimey General
28 May 1877
Minutily this Excellency The Gymanor.
Refer to the Magistrates
(Griped) J. Pope Benney
30th May 1877.
Apport from the Magistrates
Magistincy 2nd June, 1877.
In obedience to the directions of this Parcellany the Govenor I have the
hovor to report upon the saves hersin
refund to. The prints to which, promme, this Roullency draws attention
4. The age of the prismer,
been flagged as on buy.
I aw the apprevent-insufficiency of evidence. 3rd the doubtful legality of the
in which the prismer has been brought uition the provisions of Section 7 of Ordinance N. 9 of 1887.
Finl. With regard to the
age of the
prisoner. In his fint enviction, 9th Mat
1874, he stated to the Chinese Officer of
the beans that be
although he was
jean of age
The entire ferind between
1er Cemwaition and 4thlemiatio
18 months and ten days. On the 2nd lemuiction. I monetes afterwards be
stated he was
age the subterfuge
gems of age. dubtlefe giren (as
is emmmly resorted to) in order to escape from the order
of flegging. On the 3rd Conviction (six months intervening the prismer
years of age,
unquestionably younger,
because by the Chinese method of
onlculating age
the year of burk
and the year of statement are each
given be
in full year,
consequently
have been behinen 13 +14
Dame in the 4
deciding this
years & Conviction. In
The two magistrate
to gather and under the formvisions
of the Ordinance (Section xiii of N:16 of 1875.) the prismer upon the basis of the aga fint given by himself
appremance
under 16.
he was judged
of age and flogged
the breach us a boy.
In the 3rd Conviction it is cutour
that fuller information
The Magistrate by the Police Sergeant, shunning the intention of the prismer following the dunkow beamnaw, gist of the evidence is only witten
that he was a reputed thief and
dunken searren.
following desirable to note that by Section IV of Ordinance No. 5 of 1850 this is the mode of freeding. although the rule
to take the evidence in extensio
In the 4 tlemiction the usage has been to apply the Ordinance
relating to Deputation in the manner therein adopted.
There dos certainly appear a doubt as to the proper meaning of the adjudins tion bring fortwist reported to thi Coullaney The Governor. This dumbe pur. haps enld be effectivally remond by the prismer considered dangerms to the peace and good order of the leady. being brought before the envisting Magistrate at the expiration of his
sentence and an order then
given Confind scavity which ones be forthwich reported. The pisomer being held on remand until the decision of this Exauleny the Gmemor is make Kunm
enclose a labular
Tubular Summmary of lease relating to Wham hape lee alian Whan tim king.
(igned) le many
19-Police Magistrate.
given by puromer to officem of Come- "Name
Majstrate
Nalive place
O con fration
67969 Nov 1876
lehan hap lee
Under swhat Statisti
15. Savor Perlie Jarceny from from one of J. Aufeel three month hand labor and)
Kinopremin fernale
4489 16 July 1875. Chantins ling 21 239 34 Jonny, 1876. When dine ling
8121 19 May 1874 lahan tin lami 22.
A. Whantar forgery from free on of
Kuiper den... Dr. Racher Reported chief following tay
adamevi Anik
finlent Flick
Minier whipped on breach
19. Shokes back J
Five months had laber and; whipped bach 244 thother There worth hand labing
D. Sevant Inveeny from person of lekiray Iwelve months hand labor and
an Kinopreme.
Rupert serie flagged on brach ti
strokes each time ale corridered as incorrigible thing to be hungernes to the preare + good order of the ledlary, ordered at exeprivation of aentire to find Jemity 2. Burchelden 42: each libe foriticoring within 12 monti to umuw
༧ --མིན་ཆིན་ཐག་་་་
can labe submitted to the the hivene
front view to deprcitation under the forcessions
Section 7 of 4. Neg of 1887 and Suelen.
I think when this Excellency has
leamed that the
placed in the
fint page of the depositions are those
given by the prisoner, and the contine
obtaining amongst the Chinese in cale
enlating thin
satisfied
he will be
on that point.
On the 2nd Camviction I frankly
admit that the written evidene is leve I am quité
somewhat
satisfied that I must have patified
myself sitting no a Jums of the
prisoner quill
I should not have
punished. The Magistrate have has to
conduct the
examination and write
the procudings, and doubtless pointi an frequently left out which obli
be reanded. Whis Euthaney, however,
• lawyer will remember the dif.
ference it rather to hear witripes
evarnined and
sue their demeanan
from merely reading hurried notes
of then evidence
As to the 4th Cemvictim. I.
have mly to say
that the Cont
of opinion that the priomer.
flogged.
was under
he would not have been
and that the order of security
has been the noual
bringing before the Governor
where the magistrate thought a
shined be sent but
I may abonne, that if the
Attorney General's attention had been called to Section 22 of Ordinance No 10
of 1844, he probably umuld not have exprefsed dubt as to the legality of calling in a prerom for seemity when alemviction liske plow.
Grigned J. Rufell
Polie Magistrate
Mints by Win Coallaney The Guramor.
opinion.
yportion how far the Magistrates
right to allow the reend of
agel 22 to appear in the face of the deprositions whicht they ordered
him, is they
now state, tabe flogged. being under sieleen without marking any note of the latter fact: "Meanwhile I should like the Argition General to hold in onguing
and report at this moment
priomer's age
(Signed) Pope Benne 3th June 1877
Notes of an Enquing, by the Regution Geneal age of me Chan-tim-ling.
into the
The Gail. It June, 1877.
Prismes quartimed..
My proper name is Cham-time bing. I belong to Namn t'aw in the San o Sinkist. I was bom there. My farter
a Sean and Manufacturer. Whe is dead. My mother is in Amphing. She lives at 2:4 Tank Lane, Faifning =
chan. She is called
Beamangori نمستند
Nai, The
I am now 23
old. I was
born in the 10th March. I dans
Know the
When I was first taken before the Magistrate Isaid I was 18-
Registrar General's Office,
6th June, 1977.
ald only became
my friends
told me to understate
Know with what abjed Lawas to do
for I had belove.
been in Gard
On the second occasion that I
was taken up I gave my age.
enrectly vij
I have no other relatives but-
mother in thongthing. But I have a clansman, Wham-acking,
employed
Chair - Coolie by Mefin
Anfell &C. I have no friends the leoloy who are respectable peroms
(Signed) Real Amit Aegution General
Ai-Mfering Wr. 311
This maning
under the instinction.
of the Inspector I went in search of
walled Ying Rai ol fund))
hee in 6 dr. På ting, Paifing shan
The said the
The Aunt
Aunt of lehian
live-ling, prisoner in Victoria Guil:
Lan Ying Nai Staten I tin ling
Aunt to Chan
now in Gad: this mother
se in Nam D'aw. The in
Chan time Ling
every came to Aighting
with his Parker. I have Kanon.
Chon tim ling since be
bom in Nom. D'aw.
I do not recolled in what year
in Obigthing at
the hive. I saw his mother last year
what she told me I Kunw
and from what The.
that he is twenty. tov
Chan Imin Ling has
other relatives
residing in Dingting. Whis Father is
still alive and canetimes comer ti diel
Angstling. Dear him in the first-
month of this
Sinnw when he mil
I do not
only be substantiated
by referenced to the mother in nám tán.
(Signed) Caul Smit Augustion General 6th June 18!?!
Minutely this Excellency, the Gramer.
In addition to the Registrar General's Notes of his enquiring, perhaps
The above statements submitted
for this Excelleng's information. I regret leeing unable to get my further fact regarding
the purismer's
can state what
Throwser po
by the Chinese Interfuctiv when Mr. Smit put the
some days ago
put the quation to
kimme on fint seeing the prisoner in Gail.
(Signed) J.
Fife timely
2th June 1611
Minuli by the Regitron General.
far as I
resellers the
Interpreter stated that he thought
the prismer
(Signed Meal Church, Registrar Gymeal
Minuto by Wt.C. The Gueror.
Refer these papen again, together with the Magiclates
planations and the Notes of the
enquing,
Registion Generali Artimmey General for any further
observations be
June 1877
desire to
dennify.
(Signed) & Pope Hennesy
9 June 1877
Imither Report from the Altamery Guneral.
I have permed these papers again and the additional papers forwarded to me. There can be no doubt that it is advisable that this
Lascelling the Envierno, and the Eventive should interfere with the Judicial Department
ان الكريم
posible. This has been laid down
Kunuledge
by the Coolmial Office. Magistrates
when asking ministerially are subjed onljed. to the directions of the Government- when they
are neling judicially then ought to be almost if not quite independent of the Creventive as the
Judges of the Imprema Leans them selus. An appeal lies from the Magistrate's decision to the impreme lount and any party feeling himself take advantage of
aggrieved may
such appeal. Ila Magistrate Kunningly inflicts in improper funck-
under certain ericum=
elainen, be made to pay damageo at the suit of the party aggrieved; or a criminal information may abtained againd him. Ordinarily
therefore the scentive might not to inliefere with decisions of the Magistrate when acting judicially. In any case of appement handship or upon receiving petition from
behalf of any j
Convicted Wis- Evrellery
Ievallenny may
call for a
report for the Judge or Magistrate
who tried the case in order that he
emsider whether it is advisable
exercise the
entrusted
کوئی کسرایی
to him of pardoning the offender.
If this Excelling has any
believe that
any Judge or Magistrate
acting silfully and wantonly has
deliberately exceeded him powers this
eal upon any ferrow for his defence before the Expentive Commit and may simpend him from his office pending a reference to the Secretary of State for the lealmis.
judgment
which man
incorrect enchorino which
formed by my
provides a remedy by appeal.
In this case the question
me to have resolved itself into this. Did or did not the offender in the
opinion of the leant before when he
brught evened the age of 16
If he did not in the hmat- opinion of the Magistrate exceed the age of 16 years, then the infliction of corporal punishment whatever his real age may
been and whatever evidence have been tendered at the time or diservered afterwards, and whoever may bee of opinion that the Maguliat
was in error.
If there is my evidence havener to show that either of the Magistrates knowing that the offender
above 16 wantonly inflicted the funishment of whipping, this benching
would be quite justified in calling for a defence before the levantine lemmail. I cannot
cannot havener emerive from the papers before me that
such conclusion enld be profility
arrived at
regard at
great texfrect universally enter= lained for both the Magistrate and the satisfaction they have
have given in the discharge of their duties apparently to all clapen of the Community me of than at wleast
for a very lengthened provid.
Juuld therefore suggest
jest to thi
Excellency that it would be dainable to let this matter drap. the might Lumild suggest ipue a Mems. to the Magistrate referring to the have char face that he had had some darbeli in some of the cases which had been bright- before him exepressing his confidame that they would emtime to tacce
great pains to arrive sims augerting with regard
of the paints raised that it would be advisable in cases where they and difficulty to apply for the opinion of the Law Officer of the armon, mid altumuladging the vali
on their services by the Commun.
urity in general. Unless this Excelleng
prepared to charge the
change the Magibrate
with criminal eandud in the matter,
to do more
as for instance to censure
the Magistrates in any way
in which they exercised a
discretimary power, ( this Corellany mill
ere cuse me
freely), would bee
for writing
European
(Signed) Sperma Philippes
Attorney General
June, 1877 question of the prismeer's age
in the 4th Conviction appears from the Nates to have been empidered by the Magistrate at the time. If this Excellency objects to the power given
oprimior
the blunder made by Lond
in India when he renomed
punished the Magistrate
to some extent ceroured also the
Supreme leave for liviency imma
case where
Native died
after having been struck by
Magistrate
the proper
under the Ordinance
proper cause to the taken to me to take the necessary defs in
order to get the Ordinance ammended.
(Signed) Gr. Chillis in
Trong trong May and June 1877.
Mean fay
trong trong
Many Viong
Downing Sheet
28 August 1877
Prisoner Chan - Tin-lam Papers and Minutes
in reference to the
Mr. Bramston, 1b
Mr. Malcolm,
Mr. Meade. Mor. Herbert. 19
Mer. Lowther
X Lord Carnarvon
Enclosure in Despatch No 4 4 of 23 June 687
Copy of draft hassed by Mr Habert
on 19th.
I have the honom
to acknowledge the receipt
of your despatch N. 44
the 23?? June, relating
to the case
Via have
The Executive
Council, which I pesime
the opinion of
the Members
Wens ons
for dissenting. The
which you
hansmitted
not show
Be Conne
important question
pris meis aff.
I understan
this pris
Convicted
his first conviction
he gave his age.
Confiction
his second.
mouths later
On the third
6 months later
ote as Wh
the same four
months later
fourth conviction: and he
Rentenced
the first and
offences and the fourth
each for
twice for
4. You inform that from persond
observation,
from the
Dr Smith, you
entertaim
Whatever
three floggings whe
to him when he was
over 20 years.
this were really
the case
print out
ccasion.
first flogging
must have been
18 years
18 mouths elapsed
the first and
conviction, and
months only between ito
(9 More - 16 July) frist and second convictions.
It appears theregne that
that the Magistintes came
An err one ons
conclusion
question of fact-
which it must-
/ Ord 15 of 1875)
leaves apecially to Men-
cognisance.
that it emprower.
flagging
the prisoner
appear to the Magistrate
16 years ?
6. The prison
question had been twice.
convicted by Mr.
дер Mp may
occasion) by both -- Magishälis
sitting together
у therefo
Therefore
'ore you are
the opinion
have former
Over set
this prisoner
it must follow that
gentlemen
have lived for many oper
in the Colony, have
occasions committed
serions errov
Jour action
respect appears
impilation
upson (then judgment send
much regret
that the minutes of the
Executive Council have
not been places
togelten with
befne- me,
in opposition to
the present
it clear to me
you adhered to your opinion
hr. Rufell
پاک لوگو anac
Comicil a
In such a
may have both resided
outed magistically in
the Colony for money
and a mis tähe
matter or
now under comind
Wow. be seriove
consult them
as to the
prisone's age which forms
important
tant om element-
Case. The
The question
:wo not specially
ste papers
wen brought
the notice of the Members
Council when
May 17th and 18th separatity
they of pressed
Con Curr ince
magistatis & comme enfation
understand
whing tolered
to have had
Weight with you
the prisoners discharge.
June 22nd
daw mos- appear
the interval.
consulted in
chengre left in doubt-
who claimo t
anno, but who
was referred to by him
to the patie
im amoin one
Conn ait
Executive
que reform
me. But you
declined to follow. With
regend to
In Amith's report
which is given in support
of you personal observation,
notice that this paper
two statements-
statement Contradict one
another upon almost-every
independent fact to which
speak: the wommiss
widence.
amour to
to nothing
While the prisoner gives
account for his having
declared his
his first conviction.
No shops
laid upon
the fact that;
fenther it is worthing of
notice that
occasion
Le represent-
himself to be
different
verent trade or occupation.
5. Nor is
later recorde
for this
supplied by
I understand.
the prisoner
the Magishali's report
that it is
eutterfage for the Chinese
Mr. Smith's
recollection
the interpreters
oprincon
much value
question
et observe
of fall-
refrains from offering any
over-state their age.
corporal Minishment; and
opinion.
his own.
7. On the oster
magistrates report.
the fourth conviction
together, and
the prisoner upon
appearance
first given
to be under 16.
sentenced to
Con chris won
fact arrived
Magistrates who
the Wichrefers and
who if competent
experience
Character,
they must be presumed.___
likely to be
be flogged
It is your duty is satuzy
yourself in deportation
that the con crimetimus
justify you
or eter,
making the
comarker that.
clear proof of
should weapt
And I count too shrously puss upon
on the Expediency merely
a shit adheren
ques Leon
Kheir Views.
of fact-
which applies not..
similar cases, f
this case, taking
into consideration
conclusion that in overruling
the Magistales
question of face you
either given
open won
upon your
in opposition to the judicial
myself obliged to withnow.
apporal.
grounds;
I to approve
the action
have taken
it would imply
satisfied
than 18 years of age,
when he declared himself
to be 15
decis con
the Fazishalis,
appositio
with out ascertaining
te veins of
Council;
the Executive
Magistrats judicially
appeared
under 16;
convey a
very frame
lews ine
both magistrates,
which I am very
from being satisfied that
magis hals
eneral power of
36 strokes.
determine
that there was
any illegality in
deserve.
10. With
punishment of
awarden.
Conviction
I observe
the absence of
explanation from
the Magiskater; and
anot- fund
all in hon
that the charge...
stealing from the person
simple tareeing
in force
Or Imance
which was
Magishale
Mr Russell to this point,
catter upon
explanations.
third conviction,
has been descnts by
the Allomney General as
somewhat doubtful"
of Opinion
the Magishates notes of
Evi Dewa
sugas hintly
09 thrish
nu agre,
advisabl
prisoner's guilt-
1. As to the 44 and
last conviction
that in your
chischarging
& Obsome
the prisoner,
you quote the Attorney
General as admitting Kat
the sentence Was
I appears
sinfily that
I correct
Are there
Ane they
make fuller.
in such cases.
however no reason
to doubt
expressed
that there
the opinion
Mr Philippo
moral doute of
prisoners
prisoner's quilt, but that
the order, refining him
to find secmisty,
in correct-
incorect, as having been
Conviction
of imprisonment : there
12. Neither the power of
deportation
the orter
little question
to the prisoner's being
character and
dangerous to the peace
order of
the Colony
Heref ne
of banishment is mnally
the sentenc
of crimes
flogging In
Kenalties
ortaiary cases
or for Versial Offences
in themselves desirable
but the circumn at an aes
King Kong
and they
are pecutim
law for carrying tight-
express any
decided opinion
discretion
the law for
refusing
banish him
скат разам
at might
from Hong Kong.
been formed necesary
the general
the Colony
and the security of
inhabitants, who in former
were compelled
self defence:
harming regard
- but hitherts necefsomy
13. Wich
reference
regam which is
morte by
Philippo to
Lost Lytton
of opinion
pecution situation
hiing, & to the
character and
will find it
نکنیم مجھے
sreise great
violence you
necessary
relaxation of
these exceptional
advising any
Letter to
confine himself
to legal atrice
distinct from poklical
Commate,
however take
you regnest,
in nonnel
masmuch as
Generel has not
Attorney Generd
been given
opportunity
of modifying, explaining,
withdrawing his observations,
onratter
enfficiently important
necessary for
to prolong this
correspondence by requiring
to find security
the end of
then imprison
of deferring
to the Errema
view which you
apprems to
correct, and
the Allorney General
the erro
preventing
14. With reference
practice which has been
prisoners öhen
order is
sentences
to approve your action in
calling attention
Intjeit.
ཨཱདཱནམ, ཏ'
Aro 2422
Sept 227
previous Paper.
(Subject)
Opium smuggling
DESPATCH.
11 AUC 1877
Encloses Repost from Acting Cap Super-
intendent of Police on
subject of
(Minutes.)
M. Prevlon
She 9670.
ps 17.8.
RECEIVES
You 19670
My Lord,
Government Worre,
Nongthing, 20th June, 1877.
-Couto D
In my deepralsh, 1932, of the 1th of June respuiting the have laken in dealing with Ofnum Sunggles who violate the Warlier laws of Coughing, I remarked
The Right Carorable
The Earl of Ceamaran
ther Majesty's Principal Secretary of State,
that the Attorney General, who
opposed to the forfeiture of
the apsimon for what he considered
a sine brack of Marber regular
tievo, did not seem
realize the case
fully to
རི་དའ་་ས་ན་་་་་༑ ༩ཆའི་ད་དག་ཐ of
allowing
laws to be ihm systematically
vistated
On this saljics I have now the hover to lay leefors
Yan Lordship the encloved copy of
report from the Acting Caplan Inferintendent of Police, in which
he describes, from a Police point
of mew, some
smuggling system
of the wit of the
We lereagh says that the
snuggling from thongshing to the
of China of
mainland
is carried on in
halt and
constructed and equipped exefirefly
umming the blockade of
Whine Reverne leuciners the
amiggling jewelle and sometimes offer
desprevato
resistance to the Chines Gurme
Vessels. We mention
ocensed in Naumba
last in which three
this sungghing junks after sochanging fire with the Chinese Guvernment Theamer Wiring Clips Hair
sought refringe in Wongthing huber
refitted. We
where they mentions that the continction and equipement of such vefel render then better suited for privatical operation then for legitimate trade, and) that the class of men trained up
expected.
chow much refrect for the law of onry country.
We is evidently justified
That from
a Police
at and print, the presence of a flies of these vefch in the
ledunal water is by
desirable.
Deliving that
firit dutin of the Comition in
a leolung like this is to discorsage the grouch of a terminal profulo,
graak him, I shall certainly exeply all the authority the conting
For furt
to this systems.
bringing into operation of
of Ordinance 6 of tall
clause xix
is already producing a good effecr
I have the hover tobe,
My Lord),
Your Lordship's mat cluctions
obedient
humble servant
Heffernery.
Donghing. Wi GF
30th June, 1877
Vope Memfy Col
The Right Amorable The Earl of learn
at natum).
From writting a talin Report-
on the aid of the emuggling septem-
Victoria Hong Kong.
21st June 1877.
As I understand that His_
Excellency The Governor has under consideration the present state contraband trade in salt and opium between this Colony and China, I take -the liberty of bringing to this Excalianey
in this traffic which,