HC Deb 16 February 1905 vol 141 cc303-4
MR. HERBERT SAMUEL

To ask the Secretary of State for the Colonies if he will state, so far as particulars have yet reached him, what sentences have been inflicted by Courts in the Transvaal on Chinese labourers, and for what offence in each case; and, where the option of a fine was given, whether the fine was paid or other punishment suffered.

(Answered by Mr. Secretary Lyttelton.) I am informed by Lord Milner, in reply to an inquiry as to the sentences imposed in connection with the riot at the Geduld Mine in October, as follows: "Thirtynine Chinese labourers were charged with (1) public violence; (2) assault with intent to do grievous bodily harm on 21st October. Sentences of four months imprisonment with hard labour were imposed on each on the first charge, and on the second charge five were sentenced to be imprisoned with hard labour for two months and to whipping (twenty strokes). The sentences of imprisonment run concurrently. Both offences are common law offences, but the punishment of whipping is imposed by Section 38 of Ordinance 26 of 1904 (Crimes Ordinance). By the law of the colony no sentence of whipping imposed by a magistrate can be carried out till the record has been sent to and the sentence has been confirmed by a Judge of the Supreme Court. These sentences were confirmed by a Judge and certified under Section 39 of the Magistrates Court Proclamation, 1902." I have asked to be supplied with regular Returns as to sentences and convictions from time to time.