CORRESPONDENCE RESPECTING THE ALLEGED EXISTENCE OF CHINESE SLAVERY IN HONG KONG | 1882





161

HONG KONG.

CORRESPONDENCE

RESPECTING THE

ALLEGED EXISTENCE

OF

CHINESE SLAVERY

IN

HONG KONG .

!

Presented to both Houses of Parliament by Command of Her Majesty,

March 1882.

DIEU ET MON DROIT

LONDON:

PRINTED BY GEORGE EDWARD EYRE AND WILLIAM SPOTTISWOODE,

PRINTERS TO THE QUEEN'S MOST EXCELLENT MAJESTY.

FOR HER MAJESTY'S STATIONERY OFFICE .

1882 .

[ C.- 3185. ] Price 1s. 4d.

163

TABLE OF CONTENTS .

Serial

No. From or to whom. Date. Subject. Page.

1 Governor J. Pope Jan. 23, 1880 Forwarding copies of various papers, reports, &c. 1

Hennessy. (Rec. March 4.) relating to the question of Chinese slavery in

its various forms as alleged to exist in Hong

Kong, together with copy of a recent declaration

by the Chief Justice and a memorial by Chinese

merchants.

2 Foreign Office April 30, 1880 Forwarding copy Despatch from Her Majesty's 57

Minister at Washington, enclosing copy message

sent by the President of the United States to

the House of Representatives regarding slavery

in China and Hong Kong.

3 To Governor Sir J. Pope May 20, 1880 Acknowledging Governor's Despatch of 23rd 72

Hennessy. January regarding the alleged existence of

Chinese slavery in Hong Kong, and submitting

observations thereon, particularly with reference

to the declaration made by the Chief Justice ;

also requesting further information on certain

points specified.

4 To Foreign Office June 5 , 1880 Acknowledging letter of 30th April with refe- 73

rence to slavery in China, and forwarding copy

Despatch thereon addressed to Governor of

Hong Kong.

5 To Governor Sir J. Pope June 30, 1880 Informing of having had attention called to the 74

Hennessy. alleged sale of a male child as reported in the

" Hong Kong Daily Press " of 27th April last,

and requesting explanation as to the state of

the laws in Hong Kong with regard to certain

points indicated.

6 Governor Sir J. Pope June 23, 1880 Explaining that previous to receipt of Secretary 74

Ionnessy. (Rec. Aug. 9. ) of State's Despatch of 20th ultimo, Governor

had provisionally sanctioned the formation of a

society of Chinese gentlemen for the protection

of women and children.

7 Ditto June 23, 1880 Reporting that in his opinion the existing law 79

2

 

(Rec. Aug. 9. ) against slavery is quite sufficient if properly

enforced.

8 To Governor Sir J. Pope Aug. 27, 1880 Acknowledging Governor's Despatch of 23rd June 80 .

Hennessy. relating to the formation of a Chinese society

for protection of women and children, and re-

questing to be furnished with copies of the rules

of the society.

08

9 Ditto Sept. 29, 1880. Acknowledging receipt of Despatch of June 23,

and stating that it does not appear to meet the

real difficulties of the case.

82

10 Governor Sir J. Pope Sept. 3, 1880 Forwarding further papers relating to kidnapping

Hennessy. (Rec. Oct. 14.) and so-called slavery in Hong Kong, and observ-

ing that the Chief Justice, in forwarding the

criminal calendar on 7th July 1880, calls atten-

tion to the diminution of serious crime in the

Colony.

11 To Governor Sir J. Pope Nov. 26, 1880 Acknowledging Governor's Despatches of 23rd 88

Hennessy. June and 3rd September, and pointing out that

the information called for in Secretary of

State's Despatch of 20th May has not yet been

furnished.

12 Governor Sir J. Pope Nov. 13, 1880. Replying to Despatch of 29th September 89

Hennessy. (Rec. Dec. 23.)

Extract .

Q2893. Wt. 8681.

iv

Serial

No. From or to whom. Date. Subject. Page.

13 Sir John Smale - July 15, 1881. Enclosing copy translation of a bill of sale of a 89

(Extract.) boy in 1879.

14 Governor Sir J. Pope June 15, 1881 Expressing opinion that there is nothing illegal 90

Hennessy. (Rec. July 25.) in the ordinary mode of adoption of Chinese

children in Hong Kong, but that the case of

Tsang San Fat's child was a proper one for

prosecution. Stating also that no alteration of

present law on the subject is required.

15 Ditto June 15, 1881 Submitting observations in support of his state- 91

(Rec. July 25.) ment that the Contagious Diseases Ordinances

of 1857 and 1867 had caused an increase in

brothel slavery.

16 Ditto June 15, 1881 Reporting that the Chinese Society for the Pro- 92

(Rec. July 25. ) tection of Women and Children works smoothly,

and is doing good , especially in the detection of

kidnappers.

17 To Governor Sir J. Pope 92

36

July 28, 1881 Acknowledging Governor's despatch of 15 June,

Hennessy. and intimating that it does not alter the opinion

already expressed by the Secretary of State.

18 Governor Sir J. Pope Aug. 4, 1881 Transmitting letters from Chief Justice Sir John 93

Hennessy. (Rec. Sept. 12.) Smale, and a report by Dr. Eitel on the so-

called slavery .

19 Ditto Aug. 31 , 1881 Transmitting copy of a report by the Attorney 110

(Rec. Oct. 24.) General on Sir John Smale's remarks and

opinions on Chinese slavery, made from time to

time by him in sentencing prisoners, and ex-

plaining the difference in the views of the two

gentleman.

20 Ditto Aug. 31 , 1881 Forwarding printed copies, revised by the Attorney 114

(Rec. Oct. 24.) General, of the rules of the Chinese Society for

the Protection of Women and Children, and

recommending sanction of same by an Ordinance.

21 To Governor Sir J. Pope Nov. 3, 1881. Doubting the necessity for passing a special 120

Hennessy. Ordinance for legalising the rules of the Chinese

Society for Protection of Women and Children ;

but if this Society requires corporate powers,

it will be sufficient to register it under the

Companies Ordinance of 1865.

22

22 Ditto March 18, 1882 Replying to Governor's despatch of 31 Aug. 1881 120

on the alleged existence of slavery in Hong

Kong, and submitting an exposition of English

law as it affects the matter, with request that

Governor should institute further inquiries and

report result to Secretary of State.

165

No. 1.

GOVERNOR J. POPE HENNESSY, C.M.G., to the RIGHT HON. SIR MICHAEL

HICKS BEACH, BART. ( Received March 4, 1880. )

Government House,

SIR, Hong Kong, January 23, 1880.

On the 6th of last October ( 1879) Chief Justice Sir John Smale, in passing

sentence on some Chinese prisoners, convicted in one case of purchasing a female for

purposes of prostitution , and, in other cases , of kidnapping children, delivered an able

and elaborate judgment on the existence of slavery in Hong Kong. I have the honour

to lay before you a copy of that judgment , together with a copy of a letter dated the

20th of October from the Chief Justice to the Colonial Secretary on the same subject.

2. In the early part of the judgment the Chief Justice declared that " two specific

" classes of slavery exist in this Colony, to a very great extent, viz . , so- called domestic

slavery and slavery for the purposes of prostitution." Towards the end of his judg-

ment he pointed out that Imperial Acts of Parliament as well as local ordinances

rendered illegal any form of slavery in this Colony ; he expressed the opinion that all the

officers of the Crown in Hong Kong (including himself) had hitherto failed in their duty

in this matter, and he said the number of slaves in Hong Kong had been estimated at

from 10,000 to 20,000. His Honour, however, was pleased to add : " Of this I feel

" assured, by his previous acts , that his Excellency the Governor will actively promote

" all such proceedings as will tend to enforce the laws against slavery here, so that this

86

Colony may become as free from that taint as any other Colony under the British

" Crown by enforcing laws already in existence, and, if necessary, by passing laws, how-

66

ever stringent, that shall free this Colony effectually from all slavery."

3. I cannot exactly say what previous acts of mine the Chief Justice had in his mind

when he thus spoke, but it is true that I had, from time to time, made some efforts to

expose and check a form of slavery, and of buying and selling children, in connection

with the brothel system in Hong Kong, as well as to punish, according to law, those who

were guilty of detaining children from their parents on the ground that they had

purchased them for adoption.

4. Six or seven months after my arrival in this Colony I discovered that abuses

existed in connection with the legalized brothel system. Two Chinese women were

killed in October 1877 by falling from the roof of a house when chased by an officer of

the Registrar General's Department. In the evidence before the Coroner* I observed

that a person paid by the Department to induce Chinese women to prostitute themselves

and then inform upon them, had sworn that one of the deceased women , Tai Yau , had

kneeled before him and begged for mercy, saying she had been previously fined $ 100

and had had to sell her child to pay the fine.

5. My attention being drawn to such a circumstance, it was clearly my duty to

institute an inquiry and to report the facts to Her Majesty's Government.

Accordingly, in writing to the Earl of Carnarvon (Despatch of the 6th of

December 1877) ,† I quoted the evidence at the Coroner's inquest, and added : " I am

" now informed that the Commissioners have obtained from the records of the Registrar

" General's Department and from Mr. Smith's evidence the clearest proof that this

" practice of selling human beings in Hong Kong was well known to the Department.

" One of the records has been shown to me in which a witness swears, ' I bought the

66 ·

girl, Chan Tsoi Lim, and placed her in a brothel in Hong Kong, ' and on that particular

piece of evidence no action was taken by the Department.

" Of course this branch of the subject, now that the truth has become known to the

" Commissioners and the public, will be thoroughly investigated ."

6. In my Despatch of 17th March 1879, I transmitted the Report and proceedings

of the Commission ; and in my Despatch of the 19th of March 1879 ,§ I quoted &

sentence or two in which the Commissioners refer to the sale of Tai Yau's child to

pay a fine in 1876. The accompanying extracts from the printed evidence show

that the Registrar General's Department was not ignorant of the fact that Chinese

women were purchased for the Hong Kong brothels, and that the head of the Department

thought it useless to try and deal with the question of the freedom of such women.

* Vide p. 6 of (H.C. No. 118) , Marc 1880. † No. 4 of [C. 3093 ] , August 1881.

h

No. 13 of [ C. 3093] , August 1881. § No. 14 of [ C. 3093 ] , August 1881 .

Q 2893.

2

Mr. Cecil Clementi Smith, in his evidence on the 1st of December 1877, said : " They

are either bought or engaged at those places (Canton or Macao)

" I think it useless to try and deal with the question of the freedom of Chinese prosti-

" tutes by law or by any Government regulations." That the buying and selling was

not confined to places outside the Colony is clear from the evidence of other witnesses

and from the notes of cases taken by the Registrar General himself. It will also be

seen that where the persons guilty of such offences were sometimes punished it was

generally for a minor offence, such as not keeping a correct list of women or for an assault.

7. The question of how far British law or Government regulations can deal with

the freedom of these women is not the only question raised in the report and pro-

ceedings of the Commission. I am aware that the Naval and Military Authorities have

heen and are still in communication with you on the subject generally, and that I

cannot expect your final decision for some time. But I believe I only anticipate your

instructions, in giving orders, that the law, whatever may be the consequences to the

brothel system, should be strictly enforced so as to secure the freedom of these women ..

8. On this branch of the subject you will observe that in his letter of the 20th

of October 1879 the Chief Justice says :-

"I cannot understand why such classes should as classes increase in this Colony at

all, unless it be that (in addition to the Chinese demand for domestic servants and

brothels ) there be an increased foreign element increasing the demand .

" I fear that a high premium is obtained by persons who kidnap girls in the high

prices which they realize on sale to foreigners as kept women.

" No one can walk through some of the bye-streets in this Colony without seeing well

dressed China girls in great numbers whose occupations are self-proclaimed, or pass

those streets, or go into the schools in this Colony, without counting beautiful children

by the hundred whose Eurasian origin is self-declared . If the Government would

inquire into the present condition of these classes, and still more, into what has become

of those women and their children of the past, I believe that it will be found that in

the great majority of cases the women have sunk into misery, and that of the children

the girls that have survived have been sold to the profession of their mothers, and that,

if boys, they have been lost sight of or have sunk into the condition of the mean whites

of the late slave-holding states of America.

" The more I penetrate below the polished surface of our civilization the more con-

vinced am I that the broad undercurrent of life here is more like that in the Southern

States of America when slavery was dominant than it resembles the all-pervading

civilization of England.

" Nothing less powerful than a Commission with legislative powers to investigate and

to examine on oath will ever lay bare the evil which , from suggestions I have received,

I believe to underlie our seemingly fair surface.

" My suggestion that the mild intervention of the law should be invoked was ignored.

It was also met by the assertion that custom has so sanctioned the evils in this Colony

as that they are above the reach of the law, and that by custom the slavery was

mild.

" I have been driven to denounce the whole evil from the bench in a way I do not

now regret. Having been driven to speak out I now suggest to his Excellency the

Governor an important addition, not convenient to be particularly alluded to from the

bench, to the matters which I have already declared require, as I think , investigation . "

I am endeavouring to obtain precise information on one or two points alluded to in

the foregoing passages of Sir John Smale's letter.

9. As regards the less criminal but more extensive branch of this so - called slavery

question , that in which children are brought and sold in Hong Kong for adoption or

for domestic service, I also made some efforts, before I was aware of Sir John Smale's

views, and during his absence in England , to enforce what I believed to be the law.

10. In May 1878, as you will see from the enclosed copies of official documents, I

received two petitions, one from a man named Tsang san Fat complaining that owing

to stress of poverty he had to give away his daughter to a person who he feared was

about to take her from the Colony, and a second petition from the person in question,

a man named Leung a Tsit, acknowledging that he had bought the child for $23, and

complaining that Tsang san Fat was now endeavouring to extort money from him.

I made a minute on the petitions , directing them to be sent to the Attorney General as

167

3

"the parties appear to acknowledge being concerned in an illegal transaction. " In a

few days the papers were returned to me with the following opinion of the Attorney

General :-

"The transaction referred to would not be recognised in our laws as giving any rights,

except perhaps as to guardianship, but I am unable to say that there is anything illegal

in the matter beyond that. I do not think it is a criminal offence if it goes no further

than the adoption of a child and the payment of money to its parents for the privilege.

"31st May 1878. (Signed) G. PHILLIPPO . "

11. In the face of that opinion I had to content myself with directing answers to be

written to the petitioners to the effect that, according to British law, the father was

entitled to get back the child, and referring the father to the police magistrate. The

police magistrate's reports, with a fresh opinion of the Attorney General, came to me on

the 19th of June. The magistrate said, in one report, that the girl had been sold in

October 1877 for $23, and in a subsequent minute he said, " The purchaser of the girl •

66 says he is quite prepared to give her up when his money is repaid, but that otherwise

" he will not part with her unless compelled to do so by law." The Attorney General,

however, said he knew of no authority empowering the magistrate to order the delivery

of the child to the father. Thereupon I sent a minute to the Attorney General saying

I feared he did not recognise the gravity of the case, and adding, " I must trouble him

to take steps to prosecute on my behalf the purchaser of the girl." The Attorney

General, however, declined to do so for reasons similar to those he had already stated.

Nevertheless, I pressed him to prosecute, and pointed out the grave responsibility he

was incurring. He rejoined in a long minute, transmitting certain statements the Crown

Solicitor had obtained. In this minute he said :-

" I have no hesitation in repeating my deliberate opinion that in a case of this sort the

magistrate has no jurisdiction ; that at the most he could only use a little moral pressure,

and that if his Excellency desires to suppress the practice of parties adopting children

or taking them as servants on giving a gratuity to the parents by the institution of

criminal proceedings against parties obtaining possession of children from their parents ,

under such circumstances it will be necessary to introduce special provisions for the

purpose."

12. As my law adviser thus recorded his deliberate opinion that in a case of this sort

the magistrate had no jurisdiction, I was, of course, unable to institute criminal proceedings.

I must add, in justice to Mr. Phillippo, that on speaking of this case to my principal

executive officers, I found he had consulted some of them, and that his view of the

matter was in strict accordance with theirs.

13. Three or four months after this incident occurred some of the leading Chinese

residents presented a memorial to me, praying that they might be allowed to form an

association for suppressing kidnapping and traffic in human beings. They recited the

fact that repressive measures had repeatedly been taken against the crime of kidnapping,

but that much still remained to be done as girls were being forced to become prostitutes and

boys were being sold to become adopted children. I have the honour to enclose, for

your information, a copy of this memorial, and of the various minutes and proceedings

in connection with it.

14. In my minute of the 12th of November 1878 I expressed the opinion that this

was a very praiseworthy proceeding on the part of the Native gentlemen who originated

it, and I gave instructions that a committee should be formed of the two police magis-

trates, the Captain- Superintendent of Police, and Dr. Eitel, together with the leading

petitioners, to draw up for my approval some scheme for checking the crime of kid-

napping.

15. On the 3rd of October last the committee completed their labours and forwarded

their proposed scheme to the Colonial Secretary . I shall submit some observations to

you in a separate Despatch on the details of this scheme . Speaking generally, it shows

an earnest desire on the part of the Government officers, as well as the Chinese gentle-

men on the committee, to put down the evils to which the latter drew my attention in

their memorial.

16. Sir John Smale's judgment against slavery was delivered on the 6th of October,

but, as you will observe from the enclosed copies of correspondence and minutes, he

wrote to the Colonial Secretary on the 30th of May 1879, asking that proceedings be

4

forthwith taken against certain persons suspected of buying and selling children. I

made a minute thereon, dated the same day, stating that such practices had prevailed

almost unchecked for many years past, that I had drawn the attention of Mr. Phillippo,

the late Attorney General, to a case of the kind, and that I did not agree with

Mr. Phillippo's view of the law. I concluded by informing the acting Attorney General

that if he thought he could obtain a conviction in the case to which the Chief Justice

called attention, or any similar case, it was my wish that the law be strictly enforced .

17. I left Hong Kong the following day (31st May) , and did not return till the 6th

of September. The Administrator's letter, dated 16th July 1879, sets forth his reasons

for not concurring with the Chief Justice as to the proposed prosecution . On my return

the Chief Justice made no appeal to me from the Administrator's decision.

18. On the 20th of September, in a somewhat similar case, in which two prisoners

were convicted, the Chief Justice directed the acting Attorney General to prosecute a

certain Chinese shopkeeper, Pao Chee Wan, and his wife, when the acting Attorney

General said the case was before me for decision. I enclose for your information a

report of the proceedings in the Supreme Court on that occasion . I subsequently sent a

note to the acting Attorney General, saying I thought the prosecution suggested by the

Chief Justice should take place ; but it was found that the accused parties were not in

the Colony.

19. Sir John Smale's action in this matter excited a good deal of attention ; and a

number of Chinese merchants called upon me to represent their view of the case. I told

them that slavery in any form could not be allowed in this Colony. They said their

system of adoption and of obtaining girls for domestic service was not slavery ; and they

referred to the more immoral practice of buying girls for the Hong Kong brothels, which,

they alleged, Government departments had connived at, though it was a practice most

hateful to the respectable Natives. I requested them to favour me with their views in

writing. They did this in the form of a memorial . I enclose a copy of it and a transla-

tion, together with a report on it by Dr. Eitel, my Chinese secretary.

20. On receiving from the Chief Justice a revised copy of his judgment of the 6th of

October, I sent it to the acting Attorney General for his observations. Mr. Russell

suggested that I should refer it to you ; and he and my other advisers recommended

that no prosecutions in connection with adoption and domestic servants should be insti-

tuted, pending the receipt of instructions from you. I mentioned this recommendation

to the Chief Justice , who entirely concurred in it. He further recommended that the

Chinese should be told that no prosecutions as to the past would take place, but that in

future, in every case where buying or selling occurred in connection with adoption or

domestic service, the Government would undoubtedly prosecute. This recommendation

appears to me to be reasonable.

21. Though I feel that the term slavery can hardly be applied in fairness to Chinese

adoption or to domestic service, where the individuals concerned go about our streets

with a knowledge that they are free ; yet the fact that they have been actually bought

seems to me to condemn ths system . I am clearly of opinion that any practice involving

a traffic in human beings should be put down by law.

22. Her Majesty's Chinese subjects in this Colony are so loyal and law-abiding a

race that I anticipate no real difficulty in getting them to assist the Government in

putting a stop to this buying and selling of children for adoption or domestic service.

Of course, those who wish to adopt children can do so in the same way that children are

adopted in the United Kingdom. Contracts for domestic service can be lawfully made

also.

23. I feel convinced that the views I officially expressed on some branches of this

subject in 1877 and 1878, and which have now been put forward on the far higher

authority of Sir John Smale, are strictly consistent with the policy that would make

Hong Kong a flourishing Anglo- Chinese community. For the first time in the history

of this Colony, a Chinese gentleman was included , in 1878 , in the list of our 30 or 40

local justices of the peace. This year, for the first time, the Chinese are represented in

the Legislative Council . As long as they were treated as an alien race it is not sur-

prising that they were allowed to keep up practices alien to our constitution.

I have, & c. ,

The Right Honourable (Signed) J. POPE HENNESSY.

Sir Michael Hicks Beach, Bt., M.P. ,

&c. &c. &c.

169

5

Enclosure 1 in No. 1.

Supreme Court, Criminal Sessions, 6th October 1879.

Before the Hon. Chief Justice, Sir JOHN SMALE.

Declaration by the Chief Justice that slavery in every form in Hong Kong is illegal,

and must be put down.

Five prisoners were placed in the dock for sentence, having been severally convicted

at these sessions of kidnapping a child, of detaining two children with intent to sell them,

and of selling and purchasing a child for the purpose of prostitution.

The Chief Justice, on taking his seat this morning, said : -On the Criminal Calendar

for Sept. 1879 three cases now by adjournment come on for the Court to pass sentence

on the prisoners convicted . Case No. 1 , R. v. Lee A Kau, convicted on the 18th of

September last of having (first count) feloniously and unlawfully and by fraudulent

means enticed away one A Ngan, a child under the age of 14 years, to wit 8 years,

with intent thereby to deprive one Au A Ho of the possession of such child, on the

21st August 1879 ; and (second count) having feloniously detained the same child in

the same manner. Case No. 6, R. v. Tsang Sz Tau and U A-In , convicted on the 23rd of

September last, on four counts, of ( 1 ) having detained against his will a boy named

Ho Po Sing, with intent to sell him in this Colony, on the 30th May 1879 (2) Fraudu

lently detaining same boy at same time with intent to sell him : (3 and 4 ) Like charges

as to a boy called Yeung Shing . Case No. 9, R. v. Keung A To and Li A Kak, con-

victed on the 20th September last,-as to Keung A To, of having purchased a female

child named Tiu Heng, for the purposes of prostitution in this Colony, on the 4th March

1879 ; as to Li A Kak of having sold the same child, for the same purpose, at the said

time. Various causes have occasioned delay in passing sentence, of which I will only

refer to one : the gravity of the fact that these and other cases have recently brought

so prominently to the notice of the Court that two specific classes of slavery exist in this

Colony to a very great extent ; viz ., so-called domestic slavery, and slavery for the pur-

poses of prostitution . The three cases now awaiting the sentence of the Court are

specially provided for by Ordinances of 1865 and 1872, prohibiting kidnapping and

illegally detaining men, women, and children ; and no difficulty ever arose in my mind as

to the crimes of which these prisoners are severally convicted, or as to the sentences due

to such crimes ; and there is no question as to crimes or punishment of cases where

women are smuggled into brothels, some licensed and others unlicensed, or otherwise

dedicated to immoral purposes . But the enormous extent to which slavery in this

Colony has grown up has called into existence a greatly increasing traffic, especially in

women and children. The number of Chinamen in this Colony has increased and is

increasing rapidly, whilst their great increase in wealth has fostered licentious habits,

notably in buying women for purposes sanctioned neither by the laws nor customs on

the mainland. I hold in my hand a placard in Chinese, torn down from the wall of the

Central School, Gough Street steps , in this city. The translation appears at length in

the Hong Kong Daily Press of August 15th, 1879. The purport of that translation is

shortly that the advertiser, one Cheong, has lost a purchased slave girl named Tai Ho, aged

13 years. After a full description of the girl a reward is offered in these terms :-" If

" If

"

14 there is in either of the four quarters any worthy man who knows where she is gone

to, and will send a letter, he will be rewarded with four full weight dollars, and the

person detaining the slave will be rewarded with 15 full weight dollars." These words

are subsequently added :-" This is firm, and the words will not be eaten." I recently

poke in reprobation of slavery from this Bench, and in consequence of my remarks

gentleman who tore down this placard, gave it to the Editor of the Daily Press, and in

1 letter in that paper he stated that such placards are common, and that he had torn

down a hundred such placards. Has Cuba or has Peru ever exhibited more palpable,

more public evidence of the existence of generally recognised slavery in these hotbeds

of slavery, than such placards as the one I now hold in my hand, to prove that slavery

exists in this Colony ? The notices have been posted in a most populous neighbourhood,

and have been in all probability read -they ought to have been, they must have been read—

by scores of our Chinese policemen. Important as this Colony is, politically and com-

mercially, it is but a dot in the ocean ; its area is about half that of the county of

Rutland ; the circumference of this island is calculated at about 27 miles, whilst that

of the Isle of Wight is about 56 miles. The cultivated land on this island may be to

the barren waste about one-half per cent., and there is no agrarian slavery here in nearly

the total absence of farms, and on this dot in the ocean it is estimated that the slave

population has reached 10,000 souls ! I first became fully alive to the existence of so-called

domestic slavery in this Colony at the Criminal Sessions in May last on the trial of two

6

cases. In one case I sentenced two poor miserable women , for detaining a male child"

aged 13, against provisions of Ordinance No. 4 of 1865 , sections 50 and 51 , to imprison-

ment with hard labour for 18 months. It appeared that a respectable tradesman in

Kowloon gave $171, for the child, and detained him until the friends came from Canton

and claimed a child ; and then , as against the relatives, he claimed a right to detain the

child, even against his relatives from whom he had been kidnapped . In the other case I

sentenced a poor miserable woman for having stolen a female child aged 9 years, under

Ordinance 4 of 1865, section 51 , to two years' imprisonment with bard labour. It

appeared that one Leung Atuk, the concubine of a compradore in this Colony, bought

this child for $53, and kept her shut up in a room till the child, looking out of the

window upstairs, saw her relative, and she was got back only through the intervention

of the police. In each of these cases the child kidnapped was bought recklessly by the

man and the woman on a guarantee by the sellers, much after the fashion a guarantee

given on the sale of a horse that it was not stolen, each indifferent as to how possession

of the child had been obtained . In each of these cases I requested the prosecution of

these well-to-do persons, purchasers of these human chattels, who had bought these

children, whose money had occasioned the kidnapping, just as a receiver of stolen goods

buys stolen property without due or any inquiry to verify the patent lies of the vendors.

I have reason to believe that H.E. the Governor was desirous that my request should,

if proper, be complied with ; but on reference to former cases it appeared that a former

Attorney General had found that the system had been almost if not altogether

unchecked for many years past, and that in particular, when His Excellency had desired

to enforce the rights of a father to recover his child, he was not disposed to enforce that

right because the father had sold that child . On that precedent and on other precedents

also, mainly in reliance on two proclamations, dated the 1st and 2nd of February 1841 ,

by which the free exercise of their religious rites, ceremonies, and social customs was

promised to the Chinese (but this was temporary only, " pending Her Majesty's future

" pleasure ") , the administrator of the Government in the absence of the Governor was

advised not to prosecute these two persons. In one of the cases at these sessions now

before me, it was in evidence that Pao Chee Wan, a very respectable man in this Colony,

took the child three years ago in pledge for $50, and she remained ever since the servant

of Chan Atsoi , one of the few respectable real first wives living in this Colony, till she

beat the child, who ran away and then was kidnapped. I took the responsibility to

direct the Acting Attorney General to prosecute this man and his wife . The responsi-

bility rests on the Attorney General, and on him alone, as the law officer of the Crown,

to institute and prosecute proper proceedings . I understand that this Chinese gentleman

and lady have left the Colony. Their absence is to be regretted , as it prevents the trial

of a test case not unfavourable to those who contend that domestic slavery as it exists in

Hong Kong is an institution which ought not to be put down. In this case I consider

the service was really domestic, the wife being at its head. Time was when the coolie

trade was said to be not illegal . Since the Kwok Asing case in 1871 no one has con-

tended that it is legal . No one now claims for kidnappers the right to kidnap men,

women, or children, or to buy them, or to detain them when bought with notice .

of the kidnapping for any purpose. No one now claims the right to purchase or detain

females for immoral purposes. But it is said that what is called domestic slavery, as it

exists in Hong Kong, is mild, and it is said to be the opinion of a gentleman of great

experience in Chinese that, as it exists here, it is not contrary to the Christian religion,

and that it is as general a fashion for Chinese ladies in Hong Kong to purchase one or

more girls to attend on them as it is for English ladies to hire ladies' maids, and that the

custom is so general that it would be highly impolitic, if not impossible, to put down

the system . It may be that slavery as it exists in the houses of the better classes in

Hong Kong is mild, and that custom among the better classes renders servitude to them

a boon as long as it lasts . It is, I believe, an admitted duty that when the young girl

grows up and becomes marriageable she is married ; but then it is the custom that the

husband buys her, and her master receives the price always paid for a wife, whilst he has

received the girl's services for simple maintenance ; so that, according to the marriageable

excess in the price of the bride over the price he paid for the girl, he is a gainer, and the

purchase of the child produces a good return. But the picture has another aspect.

What, if the master is brutal, or the mistress jealous, becomes of the poor girl ? Certain

recent cases show that she is sold to become a prostitute here or at Singapore or in

California, a fate often worse than death to the girl, at a highly remunerating price to

the brute, the master. It seems to me that all slavery, domestic, agrarian, or for

immoral purposes, comes within one and the same category. I proceed to answer the

question, Does the law of Hong Kong tolerate slavery in any shape ? I believe the whole

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question rests on the highest principles recognised by all European municipal law. I

expressed the conclusion to which I had come in 1871. I extract the words in which

I expresse hat conclusion from the report of my judgment on the 25th March 1871 in

the Kwok Asing case, from the only book in which it is printed in an enduring form,

the American State Papers, " The papers relating to the foreign relations of the

" United States transmitted to Congress with the Annual Messageof the President ;

Washington, 1871. " I then said, " The views put forth in this Colony compel me

to refer to what elsewhere are assumed as axioms . Christianity teaches us that God

“ made man in his own image, and breathed into him the breath of life -eternal life."

It does so happen that this Christianity is the law of England, of this Colony ; and

modern European philosophy in its own refined language teaches much the same doctrine

of man's equality with man, only ( as it assumes) on a rather more subtle hypothesis.

Well, content as I am, and as judge must be, with the law of the land, I must auswer

the question, Is it possible that such a being as man can, according to law, a science

of development, according to the law A.D. 1871 , become a slave even by his own consent ?

I say it is impossible in law, as Sir R. Phillimore, 1 Phill ., International Law, vol . I.,

p. 316. has said in a passage 1

I read with the most respectful concurrence, but too long

for full quotation : "Of this great truth its sound has at last gone out into all lands,

" and its voice unto the ends of the world." A man can no more, as I infer from the

same high authority, by contract be authorised to take the liberty than to take the life

of another. The proposition long ago enunciated by Locke (who was in almost a

minority of one in his time), a proposition now universally accepted in morals, appears

to me to flow from the first principles of English law as they have been developed at

the present time. French law is the same as English law as to the right to personal

liberty : " En France quiconque a mis le pied dans ce royaume est gratifié de la liberté."

-Ib. 341. It is unnecessary for me to trace how it became the Common Law of

England that whoever breathes the air of England cannot be a slave. I must, however,

go back to 1771 , when Granville Sharpe brought the question before the Court of

Queen's Bench . In Somerset's case, Lord Mansfield said that there were 14,000 or

15,000 negroes claimed as slaves, then residing in England , valued at 700,000l. at that

date. The de facto existence of slavery in England at that date was somewhat similar

to the de facto state of slavery here as to the number of slaves and alleged hardship to

slave-holders . He saw the difficulties, the disorganization, the ruin which must follow

his decision, but he said fiat justitia ruat cœlum ; and the Court unanimously decided

that, notwithstanding the promises which had been given to the Jamaica planters by

former Governments, that they might bring their slaves to England and take them back

to Jamaica, relying on which they had brought their slaves to England, that the law

overrode all such promises ; that . they could not be taken back, that they were free.

The golden words of Lord Mansfield were these : " The state of slavery is of such a

" nature it is incapable of being introduced on any reasons moral or political, but only

66

by positive law. . . . It is so odious that nothing can be suffered to support it, but

" positive law." This is the language more than a century since uttered by no soft-

hearted humanitarian, but by the Conservative Tory, the greatest Chief Justice of

England, whose fame Junius assailed, and whose library the mob burnt at a time when

the slave trade flourished, and slaves in the colonies were bought and sold in England..

I quote from 20 State Trials, p. 82. Resting on that decision, and relying on very many

other grounds, I am clearly of opinion that slavery, however mild, however much con-

sented to by the slave himself or his parents, or for however limited a period, is contrary

to, that it is prohibited by, the Common Law of England . In the Colonies slavery

never existed except under positive enactment authorising it. Has it ever been tolerated

in Hong Kong ? I emphatically answer, Never. The two proclamations of 1841 I have

already referred to are governed by the words " pending Her Majesty's future

pleasure," in the second of the two forming one proclamation. Her Majesty was pleased

to constitute this as a Crown Colony with a Legislative Council ; and with these pro-

clamations present to their minds, the first Ordinance of the Legislative Council No. 1

of 1844 was an Ordinance to define the law relating to slavery in Hong Kong. Well, it

was a clumsy piece of legislation. It was passed on February 28th, 1844, and it was

disallowed by the Queen, of which notice was published in the Colony on the 24th of

January 1845, probably as soon as it was possible in those days ; and on the same day a

proclamation was issued in these words : " Whereas the Acts of the British Parliament

" for the abolition of the slave trade and for the Abolition of Slavery extend by their

" own proper force and authority to Hong Kong : this is to apprise all persons of the

same, and to give notice that these Acts will be enforced by all Her Majesty's officers,

" civil and military, within this Colony." What becomes of the argument in favour

!

8

of slavery in any form founded on the proclamations read with this proclamation ? I

ask & further question : -Have all Her Majesty's officers, civil and military, enforced

these Acts within this Colony ? I think they have not ; I confess that I have not. Our

excuse has been in the difficulty is enforcing these Acts, but mainly in our ignorance

of the extent of the evil . What is our duty, now that we know that slavery in its worst

as in its best form exists in this dot in the ocean to the extent of say 10,000 slaves, -8

number probably unexceeded within the same space at any time under the British

Crown, and, so far as I believe, the only spot where British Law prevails in which

slavery in any form exists at the present time ? But can Chinese slavery, as it de facto

exists in Hong Kong, be considered a Chinese custom which can be brought within the

intent and meaning of either of the proclamations of 1841 so as to be sanctioned by

the proclamations ? I assert that it cannot. I say this, as at present advised, in the

absence of argument. A custom is " such a usage as by common consent and uniform

practice has become the law." In 1841 there could have been no custom of slavery in

Hong Kong as now set up, for, save a few fishermen and cottagers, the island was unin-

habited ; and between 1841 and 1844, the date of the Ordinance expressly prohibiting

slavery, there was no time for such a custom to have grown up ; and slavery in every

form having been by express law prohibited by the Royal proclamation of the Queen

in 1845, no custom contrary to that law could, after that date, grow up, because

the thing was by express law illegal . I go further, and I find that the penal law of

China, whilst it facilitates the adoption of children into a family to keep up its suc-

cession, prohibits by section 78 the receiving into his house by any one of a person of a

different surname, declaring him guilty of " confounding family distinctions," and

punishing him with sixty blows ; the father of the son who shall " give away " (the

idea of sale seems unknown to Chinese law) his son is to be subject to the same

punishment. Again, section 79 enacts that whoever shall receive and detain the

strayed or lost child of a respectable person, and, instead of taking it before the

magistrate, sell such child as a slave, shall be punished with 100 blows and

three years' banishment. Whoever shall sell such child for marriage or adoption

into any family as a son or grandson shall be punished with 90 blows and banish-

ment for two years and a half. Whoever shall dispose of a strayed or lost slave

If any

shall suffer the punishment provided by the law reduced one degree.

person shall receive and detain a fugitive child, and, instead of taking it before the

magistrates, sell such child for a slave, he shall be punished with 90 blows and banishment

for two years and a half. Whosoever shall sell any such fugitive child for marriage or

adoption shall suffer the punishment of 80 blows and two years' banishment. In each of

the above-mentioned cases the punishment shall be less by one degree if the fugitive

should be found to be a slave. All fugitives so disposed of shall suffer punishment one

degree less than that inflicted on the seller, except when the previous offence of the

fugitive shall have been the greatest, in which case the severer of the two punishments

to which he is liable shall be inflicted . Whosoever shall detain for his own use as a

slave, wife, or child, any such lost, strayed, or fugitive child or slave, shall be equally

liable to be punished as above mentioned, but if only guilty of detaining the same for a

short time the punishment shall not exceed 80 blows. When the purchaser or the

negotiator of the purchase shall be aware of the unlawfulness of the transaction he shall

suffer punishment one degree less than that inflicted on the seller, and the amount of the

pecuniary consideration shall be forfeited to Government, but when he or they are found

to have been unacquainted therewith they shall not be liable to punishment, and the

money shall be restored to the party from whom it had been received. After reading

these extracts from the Penal Code of China -an old Code revised from time to time,— (I

quote from the last revision made in 1875 and published in 1877 , ) -I cannot see how it

can be maintained that any form of slavery was ever tolerated by law in Hong Kong as

it de facto exists here, or how the words of the two proclamations of 1841 could be said

to bear the colour of tolerating slavery under the English flag in Hong Kong. It is to

me clear that the Queen's proclamation of 1845, which I have already quoted at full,

declared slavery absolutely illegal here. In conclusion , I affirm that to sell or to buy or

to hold or detain a man, a woman, or a child as a slave or as property is absolutely

prohibited by the law of England, which law is imported into and forms the substance of

the law of Hong Kong by virtue of Ordinances 6 of 1845 and 12 of 1873. I hold it to

be contrary to the public morals which form a part of that law, and that it ought to be

put down. As at present advised , I believe that the law as it exists is strong enough

and that its arm is long enough to reach all illegal acts contrary and offensive to public

morality or public decency. The Attorney General on a former occasion thought fit to

press the Court to instruct him how to frame his information in a case which the Court

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9

had directed to be prosecuted . The Supreme Court has habitually directed prosecutions

in cases in which, from what appears in Court, it seems to the judge proper that a special

matter should be judicially investigated . This has been very frequently done in cases

of perjury, but the Court stops there, the responsibility of proceeding or not proceeding

with every case is by law imposed on the public prosecutor. If the judge directed the

frame of the information he would have prejudged the case. After framing the prosecu-

tion he would be in a sort bound to uphold the information so framed by him, whether

right or wrong ; he would be at once prosecutor and judge. I add that it is not the

duty of the Executive to direct the public prosecutor what he is to do, because the law

casts the whole responsibility on the public prosecutor himself. I may, however, say

that it is a general proposition that whatever is prohibited by the common law or by

express enactment for which no other remedy is provided may be treated and is a mis-

demeanour if contrary to public policy or morals. Until it shall be tried and decided

whether any particular breach of such prohibition is a misdemeanour it cannot be said to

be beyond the reach of the law. If and when any particular breach of the rules of the

common law be determined by the verdict of a jury or by judicial decision to be beyond

the reach of punishment, but not till then, it may become the duty of the public

prosecutor to abstain from prosecuting for it, and to ask the Executive to consider

whether it would be right or proper to provide a remedy for the specific breach of the

rules of the common law which the law as it stands shall have been shown not to reach.

I feel that in what I have said I have but affirmed truisms supported by arguments

unnecessarily long and prolix in the estimation of every man in England . What I have

said has been said to meet arguments, doubts, and difficulties which have paralysed

public opinion and public action here ; which arguments , doubts, and difficulties are the

less easy to combat because they have been rather hinted at than avowed. What I

have intended to affirm I may briefly state thus :-1 . That in England , by the common

law, slavery in every form has always been and is prohibited, that no one can acquire

any right over the person of another, that no man can sell his own person into slavery,

that a parent has no saleable property in his child ; moreover, that every such sale is

nudum pactum absolutely void, that money paid on any such sale cannot be recovered

back , but that the man bought must be restored to liberty, and the sold child to his

parent, as if no money had been paid ; that no purchase money can be recovered back,

and that the crime in buyer and seller must be punished . 2. That slavery has never

been introduced into any British colony except by positive law ; so said Lord Mansfield .

3. That all slavery was abolished throughout the British colonies in 1833, when

England nobly made a present of 20,000,000l. as a boon to the slave-holders. 4. That

Hong Kong became a British colony not until 1841 , and then slavery had been

absolutely prohibited by force of both the common and the statute law then existing.

5. That by the proclamation of the 24th of January 1845 the Queen promised and

undertook that the English laws against slavery will be enforced by all Her Majesty's

officers, civil and military, within the Colony. 6. That the obligation to enforce these

laws is, therefore, absolutely imposed by the Queen on every civil and military officer

here as if the obligation had been especially written at length in his commission or

warrant of office. 7. That these laws not having been enforced each officer has failed

in his duty to the Queen, and that the only excuse that any one of us can urge for such

failure in duty is ignorance of the existence of the extent of slavery here. 8. That it

being now patent that there is now a very great number of slaves (say 10,000, the

number has been estimated at even 20,000 ) of slaves in this Colony, ignorance can no

longer be our excuse, but that all officers of the Queen in this Colony, each in his

department and to the best of his ability, must henceforth effectually enforce these laws,

or fail in the duty imposed on him by the Queen. Of this I feel assured, by his previous

acts, that His Excellency the Governor will actively promote all such proceedings as

will tend to enforce the laws against slavery here, so that this Colony may become as free

from that taint as any other Colony under the British Crown, by enforcing laws already

in existence, and, if necessary, by passing laws, however stringent, that shall free this

Colony effectually from all slavery.

Hu Akow, convicted of unlawfully enticing away a child under the age of 14 years,

was then called on. He was arrested as he was taking the child on board the Macao

steamer. He now repeated what he said at the trial, that he did not kidnap the child,

but that it belonged to his mother- in-law.

His Lordship :-And didn't he take it without his mother-in-law's leave ?

Prisoner :-The child followed me on to the steamer.

His Lordship :-And you induced the child to do so. You have said nothing that can

mitigate your case. What you have said shows that your heart is as hard now as when

Q 2893.

10

you took that child. The sentence on you is that you be imprisoned for two years with

hard labour, and that you be kept in solitary confinement for 14 days at each time once

in every three months of your imprisonment.

Tsang Sz Tow and U A- In , convicted on two counts of unlawfully detaining by force

two boys with intent to sell them , and on two others with detaining the boys by

fraudulent means with intent to sell them, were next called on .

The first prisoner admitted having one of the boys, but said it was presented to him

to adopt as his own child.

His Lordship said that was no defence, but on the other hand there was not a particle

of evidence in support of it, because the child did not speak the language of the

prisoner ; it had evidently been brought from a great distance.

The second prisoner said he had nothing to do with the first prisoner. He only took

the child to be a barber, and no one saw hiin hawking it or offering it for sale.

His Lordship, addressing the first prisoner, said his case was one of the worst he had

known. He had brought the children manifestly from a long distance, because their

language was unintelligible here . On the first and third counts (detaining by force)

the sentence of the Court was that he be kept in penal servitude for three years, the

sentences on each count to be concurrent, and that on the other two counts he be

imprisoned for a year, also concurrent with the first sentence .

The second prisoner was sentenced to 18 months' hard labour. His Lordship said

this man's case was a very much lighter one than that of the first prisoner. Although

there was nothing in his excuse, yet his possession of the children was of a very different

character from the possession by the first prisoner.

Keung A-to and Li-A-kak, convicted, the former of buying a child for the purpose of

prostitution, and the latter (a woman) with selling the child for the same purpose, were

each sentenced to 18 months' hard labour.

*.

Prosecutions directed by Judges.

As his Lordship was rising, Mr. Hayllar said that with reference to judges directing

prosecutions, perhaps his Lordship would allow him to mention what he had himself seen

on the point. He was present at the assizes when Mr. Roupell , M.P. , in the witness-

box confessed the forgery of his father's will. Baron Martin tried the case, and what

was done there was that the judge wrote a bench warrant ; he arrested him himself. He

did not think there was any further direction than that given.

His Lordship :-That is going a great deal further.

Mr. Hayllar :-I was at the assizes at the time. As Mr. Roupell sat down in the

witness-box he was arrested. That seems to me to be the course in England , because I

think I have seen it in another case.

His Lordship said he was much obliged to Mr. Hayllar for his remarks, but that was

a warrant, and he was sure Mr. Hayllar must often have seen cases in which directions

for prosecution had been given by the judge.

Mr. Hayllar :-Constantly for perjury, but not for other offences.

His Lordship said there was another view of the matter. Suppose it was a mis-

demeanour, then a warrant would not be issued ; it would be a summons. However, he

was satisfied direction to prosecute had been constant in England .

Mr. Hayllar said he saw the case he had referred to, and he brought it to his Lord-

ship's notice.

His Lordship said he was much obliged to Mr. Hayllar, because it showed the Court

did direct prosecutions .

In reply to a further remark of Mr. Hayllar's, —

His Lordship said the judge was in exactly the same position ; he either issued

a summons or a warrant.

The Court then rose.

Supreme Court Criminal Sessions, 27th October 1879 .

Before the Hon. Chief Justice Sir JOHN SMALE.

This was an adjourned sitting of the Court to pass sentence on two prisoners, ―one for

kidnapping a boy, and the other for detaining a young girl with intent to sell her.

The Chief Justice now passed the following sentences : -

Sentence on Tang Atim.- Tang Atim was first placed in the dock. After stating

the crime of which the prisoner had been convicted, that of unlawfully taking away a

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boy four years old, (1st) with intent to deprive the father of the boy, (2nd) with intent

to sell him, and (3rd) with intent to procure a ransom, his Lordship said, Your case is

one of gross ingratitude . Received as you had been into the father's house in charity,

you availed yourself of the opportunity to steal his child, and tried to sell the child

openly, probably having hawked him from door to door. The sentence of the Court on

you, Tang Atim, is that you be imprisoned and kept to hard labour for two years, and

that you be kept in solitary confinement for a period of one week in every two months of

your imprisonment.

Sentence on Chan Achit.-Chan Achit, an old woman, convicted of having unlawfully

detained a female child of 11 years of age with intent to sell her, was next placed in the

dock. His Lordship said, The evidence in this case has shown the extraordinary

extent to which, under cloak of China custom, the iniquity of dealing in children has

extended . From the evidence, I have no doubt that a vagabond clansman to whom the

father had occasionally given out of his penury had originated the crime in enticing the

child away, and it seems to me to be clear that the prisoner was as well known as a

" broker of mankind, " as a receiver of stolen children, to sell them on commission, as

receivers of old iron and marine stores could be found in this Colony to dispose of stolen

1 property. The little girl bought and sold, aged 11 years, is a very intelligent child,

and described the negotiations for her sale with great clearness. I questioned her, and

I quote from the China Mail what is, I think, an accurate report of what was said :-

" The little girl, Acheung, out of whose sale and purchase this prosecution had arisen ,

"

described the woman who was in the dock as a buyer and seller of people,' and,

in reply to the Court, explained that she used this term because she had seen this same

woman hawking about children for sale.

" His Lordship :-How often ?

" Witness :-Several times.

" His Lordship :-You are a very young girl. How do you come to know anything of

this buying and selling of people ?

"Witness :-I have seen it.

" His Lordship :-How many times have you seen people hawking children and others

about for sale ?

" Witness :---Often, and different men and women too.

" His Lordship : -And this is a British colony !

" Witness, later on, in reply to his Lordship , said she had learned the expression broker

of mankind ' from her uncle. She knew the police here, and that they protected

all persons ; but she did not call in any help from that quarter, when she saw them in

the street, as her uncle taught her not to.

6

" His Lordship said he had thought at first that the expression broker of mankind '

was an uncommon one in Hong Kong, but now he was coming to believe it was not."

Let me here ask, Is the trade, or rather profession, " broker of mankind, " also a sacred

China custom . I will not add the queries which would naturally arise in case the

question were answered in the affirmative. At present, however, I must say that, custom

or no custom, the practice of this profession is prohibited by statute, and it is my duty

to meet its exercise by punishment. The sentence of the Court on you, Chan Achit, is

that you be imprisoned and kept to hard labour for two years, and that you be kept in

solitary confinement for a period of one week in every two months of your imprisonment.

I am very sorry to have to sentence an old woman of your age in this way, but there

must be an example.

Increase of Kidnapping. - His Lordship then said : I have now disposed of the cases

of child-stealing at these monthly sessions. The cases sentenced at the last month's

were three. They have been on the increase in the Colony. As I have before said,

crime seems to come over the Colony like high tides-periodically. The present tide is

of stealing women and children. The excess of these crimes roused my serious attention

to the whole state of slavery as it exists in the colony, which led to the observations

which I made on the 8th instant in closing the sessions for September last. I have,

with a solemn sense of my responsibility, considered and reconsidered all that I then

said, and there is nothing I wish to retract . There may be aspects of the question

which it may be necessary for me to reluctantly add; but at present I do not wish from

the Bench to add, to what I have said, although there are considerations affecting this

question which I have offered where it was proper. I rest shortly on the summary of

eight propositions with which I concluded those observations as the result of the facts

and arguments I adduced .

I

12

The Chinese Petition.- I will now very briefly allude to the petition by the gentry,

traders, and people of Hong Kong, presented to His Excellency the Governor. I must

say that its composition and tone do credit to whoever drew it up. The statements

appear to me to be one-sided and coloured, but, on the whole, more fair than is usual with

persons who believe they are representing grievances. I am bound to add that the

strictures on myself are seemly. I am quite sure that such a tone will be the most

effectual with His Excellency the Governor, and with the Government in England, and

with that great public there , whose moral tone influences the current of thought through-

out the British Empire for good.

Domestic Slavery a Chinese Custom.- The petitioners rest their rights on the

proclamation of Governor Sir Charles Elliot, but the petitioners ignore the other

proclamation of 1841. They especially ignore the proclamation of January 1845, by which

slavery was declared to be absolutely abolished in Hong Kong, which, as they have

referred to my observations, they must have read there, if there only for the first time.

Infanticide also a Chinese Custom. - I cannot help alluding to one passage in the

petition. It says, " Amongst the Chinese there has hitherto been the custom of drown-

66

ing their daughters. If a stop is put to the sale the custom will be yet more

" observed." And again to the third of the ten arguments used, which says, " In China,

among the evils heretofore existing, is the custom of drowning female infants, in the

" Kwangtung province more especially so ; numbers of the extreme poor cannot supply

even themselves with raiment and food. The added cares brought by children ensue.

" These people, having no one to receive their progeny from them, will immediately on

" bringing them forth destroy them by drowning. And the petitioners threaten the

increase of this " custom " of drowning children if their sale is put down. I quote the

passages without the interpolated explanations of the translator, which are his com-

mentary, and nothing more. Now, this petition claims the liberty to continue buying

and selling children and women because it is a Chinese custom expressly protected by

Governor Elliot's proclamation ; but the petitioners call drowning female infants also a

Chinese custom.

Both Customs in same category. - They place the two crimes according to the English

law under the same category, " custom," and therefore in effect claim for infanticide that

it is free from criminality in Hong Kong. I can only say that in case father, mother, or 1

relative were convicted of infanticide, Chinese custom would be no protection , and,

unless I am grievously mistaken, the presiding judge would have no alternative but to

sentence the perpetrator to death, and the only possible hope would be in the mercy of

the Crown if exercised by His Excellency the Governor. Other errors are patent in the

petition ; but I confine myself to the remarks I have made. I had prepared what I have

just said before I had seen the letter which appears in the Daily Press of this morning,

in which the accuracy of the translation is impugned, whilst the translator vindicates it.

Leaving this new question for settlement between these writers, I note that the meaning

or use of the word " custom in the petition is not impugned . My observations,

therefore, remain untouched by the controversy ; no one questions that the word

" custom ," as used in the petition , is used as to " slavery," or whatever name the peti-

tioners may decide to designate it by, and is the same word " custom " by them applied

to the usage of relatives drowning their infant children, and that in fact, if not in law,

the one custom is tolerated just as the other custom is tolerated , and both alike or neither

must be claimed as sanctioned by Governor Elliot's proclamation .

Further argument beyond Judge's function. - Beyond what I have already said I will

not deal with the facts or arguments of the petitioners. Indeed, it seems to me to be my

duty to retire from all controversy. To enter on the arena of controversy is beyond my

province. It was my duty, thinking that I had found out grave evils, to say so. My

function as judge stops there ; it is for the statesman and the legislator to deal with the

matter as an evil to be tolerated or to be put down.

Evils to be moderately remedied. -I will only add that if it be decided the evil is to be

abated, as I expect will be the decision, I do not desire any sudden or violent interven-

tion with such of the transactions in the past as are within the favourable colouring of

the petitioners. Such a course would on many grounds be objectionable. I trust that

admitted grave wrong in the past still existing will be put an end to.

For every public wrong a public remedy. - I do hope that, as to the future, a new

order of things will be inaugurated, and that the law of this Colony will be enforced in

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favour of personal liberty as fully as in the protection of property. I must here repeat

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that by the common law of England, which happily is the law of Hong Kong, slavery .

of every kind whatever, all property in human beings, is, as asserted by Lord Mansfield,

odious to English law, is a public wrong. For every wrong the law has a remedy. Is

there not by common law for every public wrong a public remedy ? Is not the only

remedy by indictment or information wherever and whenever the law provides no other

remedy ? All remedies which ever existed by common law or by statute in England

up to 1845 against ownership of human beings, against every form of slavery, extend by

their own proper force and authority to Hong Kong ; and, if that were not enough, all

English laws applicable to Hong Kong, including those against ownership in human

beings, were by express Ordinances 6 of 1845, and 12 of 1873 , embodied into the laws of

Hong Kong, whilst the worst forms of slavery are especially punished by Ordinances 4

of 1865, and 2 of 1875. I am bound by most solemn obligation to enforce all these laws.

I must, therefore, without fear, favour, or affection , discharge this duty to the best of my

ability.

Enclosure 2 in No. 1 .

SIR, The Supreme Court, Hong Kong, 20th October 1879.

I RETURN herewith letter from the Captain Superintendent of Police to the

Colonial Secretary, recommending rewards of $ 10 to Inspector Swanston and Police

Constable Campbell respectively, on the arrest and conviction of certain kidnappers,

which His Excellency the Governor has been pleased to refer to me.

Although I do not know whether these two police officers come within the precise

conditions of the proclamation, I think it desirable to sustain recommendations by the

head of the police. The conduct of the police officers was good, and the reward is small ;

I therefore concur in the recommendation .

I should be obliged by a copy of the proclamation for reference.

I avail myself of the opportunity, on recurring to this subject, of informing His Excel-

lency the Governor directly that I daily feel more reason to believe that the practice of

kidnapping for purposes other than the coolie traffic has of late been alarmingly on the

increase in this Colony. His Excellency will have noted the cases already tried in the

Police and Supreme Courts. I may now add that the present sessions for October

furnish two cases of the kind for trial before me, and incline me to think that " brokers

of mankind," as a girl 11 years of age designates them, form among the various classes

of brokers in this Colony a well-known special class, though, like gaming-house keepers,

the law ignores them. I believe that mothers have even kept their daughters from going

to school for fear of their being kidnapped.

I cannot understand why such classes should as classes increase in this Colony at all,

unless it be that (in addition to the Chinese demand for domestic servants and others)

there be an increased foreign element increasing the demand.

I fear that a high premium is obtained by persons who kidnap girls in the high prices

which they realize on sale to foreigners as kept women.

No one can walk through some of the bye-streets in this Colony without seeing well-

dressed China girls in great numbers whose occupations are self-proclaimed, or pass those

streets, or go into the schools in this Colony, without counting beautiful children by the

hundred whose Eurasian origin is self- declared . If the Government would enquire into

the present condition of these classes, and, still more, into what has become of these

women and their children of the past , I believe that it will be found that in the great

majority of cases the women have sunk into misery, and that of the children, the girls

that have survived have been sold to the profession of their mothers, and that, if boys,

they have been lost sight of or have sunk into the condition of the mean whites of the

late Slave-holding States of America.

The more I penetrate below the polished surface of our civilization the more convinced

am I that the broad under- current of life here is more like that in the Southern States of

America when slavery was dominant, than it resembles the all-pervading civilization of

England.

Nothing less powerful than a commission with legislative powers to investigate and to

examine on oath will ever lay bare the evil which, from suggestions I have received, I

believe to underlie our seemingly fair surface .

My suggestion, that the mild intervention of the law should be invoked, was ignored .

It was also met by the assertion that custom has so sanctioned the evils in this Colony as

that they are above the reach of law, and that by custom the slavery was mild.

14

I have been driven to denounce the whole evil from the Bench in a way I do not now

regret . Having been driven to speak out, I now suggest to His Excellency the Governor

an important addition, not convenient to be particularly alluded to from the Bench, to

the matters which I have already declared require, as I think, investigation .

I must leave it to the Government to decide whether there shall or shall not be inves-

tigation, and whether the status in quo of public morals in this Colony in these particulars

shall be allowed to continue as one of the many evils which neither law nor legislature

can cope with.

That is a question which fortunately is not within the province of the judge ; it is for

the statesman only to decide.

In the meantime, and apart from that large important question, I would suggest that

it would be desirable that the police should be instructed to bring every person known to

hold a purchased (so-called ) servant before the magistrate, to be dealt with mildly ; and,

moreover, that all placards in Chinese should be interpreted to the head department in

the police. Such placards advertising rewards for runaway purchased slaves as were

produced in court would then cease, and other announcements would then be suppressed

if they should prove to be, as I incline to think, obnoxious.

I am not so blind to consequences as not to see that an attempt to interfere with the

present system will entail public outlay to provide temporarily for the victims of that

system till better positions can be secured for them ; but if prisons up to the wants of a

community are provided of necessity, it would be of equal duty to provide for putting

down a system that, by debasing all moral tone, tends to crime.

I have , & c.,

JOHN SMALE,

Chief Justice.

Sub-Enclosure.

MINUTE by DR. EITEL.

HAVING been directed to report on those points to which His Lordship the Chief

Justice refers as inconvenient to mention on the Bench, I have the honour to forward

herewith replies to the following questions , which, I think, are raised by the Chief Justice's

remark ;-

1. Do the high prices realised by sales of Chinese girls to foreigners, whose kept

women they become, contribute to raise that demand which is supplied by kidnapping ?

The demand which is supplied by kidnapping , or by the kindred trick of inducing

women, through false representations, to leave their homes, originates in the first instance

in the high prices paid for prostitutes or concubines in places where Chinese women are

rare, i.e. in Singapore and the Straits generally, in Australia and California. The

average price paid in those places for a good-looking woman, 16 to 18 years old, is, as

far as my information goes, 8350. Another source causing a demand occasionally sup-

plied by kidnapping, is the system of adoption and the system of domestic servitude ; but

as generally only young children are thus bought, the average price is, I am told, only

840 ; yet, the demand being large, and the age of the children required low, there is

evidently, in spite of the low price, strong cause to suppose that the abuses naturally

connected with these systems of adoption and domestic servitude tend to encourage kid-

napping. As to the system of concubinage practised by Chinese, the average price a

Chinaman here pays for a concubine is, I am told, about $ 100 . But this demand is

generally supplied by an arrangement of mutual consent with the woman concerned and

her parents, or by an equally voluntary bargain with the woman and her so-called pocket-

mother (often a brothel keeper) , yet it may occasionally be supplied by kidnapping,

though rarely. Brothels also form a source creating a demand supplied by kidnapping ;

but I believe Hong Kong brothels dare not, unless in very peculiar cases, purchase kid-

napped girls, because the girls form so many acquaintances ready to betray the facts of

the case to the friends of kidnapped girls . Besides, these brothels have their own sources

of supply. As to Chinese women kept by foreigners, the practice formerly obtained

largely to buy a girl out and out, or, in other words , redeeming her and giving her back

her freedom by paying from $300 to $600 to her pocket- mother or owner. During the

last 10 years this practice has very much decreased, and may be said to be almost

extinct in Hong Kong, whilst it lingers yet to a small extent among foreign residents at

the Treaty Ports. The prevailing practice is now merely to pay a kept woman a fixed

sum, from $10 to $50 per mensem, whether she be her own mistress or owned by a

so-called pocket-mother. The system of monthly payments has, I am confident, no

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connection whatever with kidnapping. To a certain extent, however, though small, the

practice of buying a girl out and out still exists. The prices paid in buying a girl out

and out are, as far as my information goes, from $200 to $500 in the case of a Chinese

girl, and from $400 to $ 1,200 in the case of a half- caste girl. In all these cases, buying

a girl is virtually giving her back her freedom, the money being paid, on a deed made

out in Chinese, to the pocket-mother ; and the girl afterwards receives from $ 10 to $50

per mensem from the foreigner who keeps her. The buying of half- caste girls, high as

the prices are, has, I am sure, no connection with and no influence whatever on kid-

napping. The buying of Chinese girls, at prices ($200 to $500) higher than those paid

by Chinese for their wives and concubines, may have an influence encouraging kid-

napping, but it can only be indirectly. A kidnapped girl sold to a foreigner would be

sure to get her kidnappers into trouble.

I am, therefore, inclined to think that the high price paid by foreigners for kept women

have no appreciable influence in the way of increasing the demand supplied by kidnapping.

In short, I believe that kidnapping is caused almost entirely by the demand for Chinese

girls outside the colony of Hong Kong, and is fostered by that defect of the law which

allows a ship to take 20 female passengers without their coming at all under the

cognizance of the Emigration Officer .

2. What becomes of these women and their children ?

The women kept by foreigners in Hong Kong are, as a rule, rather raised in their own

esteem by the connection , of the immorality of which they have no idea. They are also,

as a rule, better off than the concubines of Chinese well-to-do merchants. They are

generally provided for, by the foreigners who kept them, when the connection is severed ;

and at any rate these women are as a rule thrifty, and always manage to save money,

which they invest in bank deposits, also in house property, but principally in buying female

infants whom they rear for sale to or concubinage with foreigners, by which they

generally gain a competency in about 10 years.

The children of these women are invariably sent to school. In fact, these women

understand the value of education, and prize it far more than respectable Chinese women

do. The boys are invariably sent to the Government Central School, where they

generally distinguish themselves ; and, as a rule , these boys obtain good situations in

Hong Kong, in the open ports, and abroad. The girls crowd into the schools kept by

Missionary Societies. These children are generally provided with a small patrimony by

their putative fathers. They dress almost invariably in Chinese costume, and adopt

Chinese customs, unless they are taken up by ill -advised agents of foreign charity. I am

quite positive, as far as my experience and the information I received from many

gentlemen in the best position to judge goes, that they do not in any way resemble the

mean whites in the Southern States of America.

I regret I have to contradict so flatly on this point the statement of his Lordship the

Chief Justice, which is, in my opinion, based on insufficient information , but justice and

truth demand it.

3. Are the placards referring to run away female servants obnoxious ?

I am quite sure that the Chief Justice's opinion regarding these placards has been

formed on the basis of a bad translation . Besides, these placards are issued on account

of the responsibility the owners of a servant girl incur vis -à -vis the parents of the girl,

if she cannot be found. For the parents are by Chinese law and custom entitled to

prosecute the owners for damages if the latter cannot prove that they have used reasonable

diligence to find the run away girl again .

1st November 1879. ( Signed) E. J. EITEL.

Enclosure 3 in No. 1 .

EXTRACTS from EVIDENCE given before the CONTAGIOUS DISEASES COMMISSION, 1st December

1877, by the REGISTRAR GENERAL, as printed by the Commissioners, page 1 .

The Honourable Cecil Clementi Smith, Registrar General and Colonial Treasurer,

examined by the Chairman :-

I took over charge of the Registrar General's Office in October 1864. I was acting

then, but was confirmed in the office in the following May.

We have a system in our office of insisting on the personal attendance of the woman

herself when she• applies to have her name placed on the list of any brothels, and if the

·

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1

16

Inspectors have any reasons to suppose that the woman is unduly influenced , she is

brought before me, and I make personal enquiries and decide whether her name shall be

put on the list or not. The whole thing is carried on just outside my office door, one of

the Inspectors speaking Chinese, and they have an Interpreter.

Many of the women, and it is a frequent occurrence, contract a debt with the brothel

keepers, and then work it off. Brothel keepers are in that way money lenders.

I think that eight out of every ten of the women come from Canton, and the rest from

Macao and other places. They are either bought or engaged at those places.

All the inmates in the brothels know that they are free, but the national custom is

very strong against their leaving them in debt. I think it is useless to try and deal with

the question of the freedom of Chinese prostitutes by law or by any Government

regulation. From all the surroundings, the thing is impracticable.

EXTRACTS from MINUTES OF EVIDENCE and DECISION of the REGISTRAR GENERAL , as printed

in 1879, pp. 91-97 of COMMISSION ON CONTAGIOUS DISEASES ORDINANCE.

15th March 1870.

Complainant ; JOHN PETERSEN.

Defendants : TSING- MUI, 41 , LO- CHI- KWONG, 24, CHAN -A- I, 28, keepers of

brothel No. 122 .

John Petersen sworn and examined : -To-day, at 2 p.m. , I went to brothel No. 122,

Caine Road, and found therein the three women now in Court. From information which

I have received, I believe that they were brought by the Defendants from Macao, and

sold into that brothel.

I apply for a remand, as there were six girls brought over.

Remanded to Friday, 18th March 1870 .

Bail, two sureties, in $50 each, for each defendant.

CECIL C. SMITH,

Registrar General .

18th March 1870.

The defendants in Court.

Mr. SHARP appears for defendants .

LO-KWAI declared :-I am a maid-servant. The 1st defendant is my foster-mother.

She has reared me since I was three or four years of age. I was brought over to Hong

Kong by the 1st defendant from Macao a few days ago. There were six of us in the

party, including myself. We took a house on the Praya, where an old woman invited us

to dinner. We, that is to say, my two sisters and my mother, went together. We went

to the house where the Inspector found us. I do not know that that was a brothel .

After dinner, the 1st defendant went to her sister, where there was a bridal feast. We

remained in the house a day or two. We were locked up in a room , and at meal times

our meals were brought in to us. The 3rd defendant was in that house . She was the

woman who invited 1st defendant to her house. She asked the 1st defendant to leave us

in her house. I saw her the day or two I was in the house. She asked me to follow

her, and asked me if I was willing to become a prostitute . I declined , and said I wanted

to go away with my mother. I remained in that house until the Inspector came. I did

not ask to get away ; but I said that I wanted to join my mother. She said my mother

is not here, to whom are you going ? The two other girls are with me. I heard nothing

about money in the case. I was brought to Hong Kong to be present at a feast to carry

the things. I now want to join my foster-mother.

By Mr. Sharp -I always accompany my foster-mother when she goes out. I first

saw the 3rd Defendant in her house. She it was who invited my foster-mother to dinner.

With my two sisters, I was passing the 3rd Defendant's house, when she invited us to

dinner. That evening we went to the house. We were all together. The 3rd defendant

pressed us to stay. My foster-mother did not come back until I was brought up here.

The 2nd defendant is my brother. He never came to the house. My foster-mother

never asked me to be a prostitute. I want to go back with my foster-mother.

By the Court :-I am 18 years of age. My master, now in Court, did not come

with us.

LO-LIN-KIU, declared, states : -I am 17 years of age. I am a servant. The

1st defendant is my mistress. I came over with her and four others, to Hong Kong, from

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Macao, where we have lived more than 10 years . I recognize the 3rd defendant. I was

taken to her house. She confined my two sisters and myself in a room, and pressed us

to become prostitutes. She would not let us leave the house. I cried, and she locked

us up. My foster-mother was not present when the 3rd defendant pressed us to become

prostitutes. I heard nothing about money between the 1st defendant and myself. I

remained in the house until the Inspector came to us. We came over to Hong Kong, as

my mistress, the 1st defendant, brought us over here in connection with a feast.

By Mr. SHARP : -I did not know that the house was a brothel in which I had been

taken by my foster-mother. I saw two other girls, but I do not know what they are.

My foster-mother took us to the house, being conducted by the 3rd defendant. That is

my master in Court, but I want to go away with him and my foster-mother.

-

By the Court : The evening we dined at the brothel, we stayed there. We all stayed

there. I am unwilling to be a prostitute.

LO-CHAN- KWAI declared :-I am 18 years of age. I am a servant. The 1st defendant

is my mistress, and I was brought up by her. The 3rd defendant belongs to a brothel .

She kidnapped me and my sisters. My mistress went to a feast. The 3rd defendant

asked us to become prostitutes . I refused . She beat me. My two sisters were present.

We were shut up in a room. I cried, but she would not let us out. Meals were brought

in to us. I did not hear anything about my being sold.

By Mr. SHARP -I want to go away with the 1st defendant. She treats me well.

Mr. SHARP points out that there is no evidence against the 1st and 2nd defendants,

his clients.

The 3rd defendant states :-The 1st defendant pledged the girls in my house, by

receiving $30 from me. I got no paper, and gave none. I rented rooms to them. I

did not confine the girls in the house. I have a witness who saw the money paid.

The 1st and 2nd defendants discharged.

3rd defendant, three months ' imprisonment with hard labour, convicted of the

assault.

CECIL C. SMITH,

Registrar General .

28th March 1870 .

The defendant in Court.

Mr. HAZELAND appears, and pleads extenuating circumstances. Remaining portion of

sentence remitted , and fined $25 .

CECIL C. SMITH ,

Registrar General .

25th May 1870.

Complainant : Inspector JOHN Petersen .

Defendant : NG -A-Fo, of No. 1 , Gutslaff Street .

The Defendant in Court. 26th May 1870.

LEE- KWAI-KIN declared :-I am 21 years of age. About 4 years ago I was brought

to Hong Kong, and was sold to the Defendant by an old woman . The defendant paid

$80 for me. I saw it. Until one month ago I have been living under the protection

of a foreigner. He has left the Colony. Since then I have made no money, as I have

not acted as a prostitute, and the defendant wishes me to go to California, in fact to

sell me to some one going there. I am afraid of this, and want protection. There

was only another woman in the house with us. She is here.

No questions.

CHAN-LIN-HO declared :-I am 19 years of age. I have been three years in Hong

Kong, having been brought here from Foochow. My mother was very poor, and sold

me to a man for $20. He brought me to Hong Kong to be, as he said, a servant.

""

He sold me to the defendant. I saw the defendant give $20 to the " middle woman

for me, which she was to give to the man who brought me here . I have been living

in the defendant's house since my arrival in Hong Kong. I have been living under

the protection of the foreigner, who has left here about a month ago. I have not acted

as a prostitute since the foreigner left . I have heard the defendant say that she was

going to sell me and the first witness into California . I don't want to go there, but

to return to Foochow, where my mother has sent for me.

No questions.

JOHN PETERSEN sworn :-I am Inspector of brothels . I served copy of summons on

Defendant at No. 1 , Gutzlaff Street. The house is not fitted up as a brothel for

Q 2893.

18

foreigners, though it has already been once declared as an unlicensed brothel. I know

the defendant by sight, but that is all . There has been at times a number of women

residing in the house, and I do not know what has become of them. I believe that

they have been sent to California by the defendant.

No questions.

LEE-KWAI- KIN recalled :-I have been in the defendant's house when several women

have been brought there, and after being kept there for some time have been sent away

to California. The women are brought to the defendant and sold to her. I have never

actually seen money pass, but I have been present when conversation between the

defendant and those who brought the women took place, and bargains have been struck

for the women. The price was various ; bought here, the women cost from $50 to

$ 150, and when sold in California they were to be disposed of from $250 to $350 each.

The defendant has made a great deal of money. She has told me so. Some of the

women have told me that they were unwilling to go. They were afraid to make a

disturbance. Between 10 and 20 women have passed through the defendants ' hands for

California to my knowledge .

No questions.

The defendant states :-The witness owes me money as rent for the room . She has

taken some ornaments (personal) which belong to me. I deny that I have bought

anybody, or sent anyone to California.

Ordered to find security (two sureties of $250 each) for her appearance in any court,

for any purpose, and at any time within 12 months.

CECIL C. SMITH ,

Registrar General .

30th September 1870 .

Complainant : JOHN PETERSEN, inspector of brothels.

Defendant : WONG-A-TSOI, 23, of Canton, keeper of No. 186 brothel.

Friday, 30th September 1870.

Inspector JOHN PETERSEN, Sworn, states : -Last night, about 7 p.m. , I visited the

defendant's brothel, which is in Lyndhurst Terrace. I inspected the premises, and found

therein the two girls now in court . They are about 18 or 19 years of age. Their names

are not on the list of inmates. I had received information on the subject, which induced

me to visit the place. The girls said themselves that they had come from Wanchai .

The defendant states that the girls only arrived yesterday from Canton, and that they

were brought by a small-footed woman.

HO-A-YING, declared, states :-I am a rattan splitter in Wanchai, and have lived there

since last year. I know the defendant. I also know the two girls. I went up to

Canton on the 24th September last. I went to the house of the girls' mother, whom I

found dead. They said that they wanted to come down to Hong Kong to get work.

I brought them down yesterday by the steamer. I put them into the defendant's

brothel. They willingly went to the brothel. Their mother's house is in Tai-Luk- Po .

[ Witness prevaricates. ] I do not know the house. The girls came to me at Pun-Tong,

at Sam- Shing- Kung near Wa- Kwong Temple. They came to me about 5 p.m. on the

23rd September last. They came by themselves, and stayed there until yesterday.

I live at Tik-Lung Lane, Wanchai. The name of the girl's mother I don't recollect.

Their names are Tai-Yow and Tai-Ho.

TANG-TAI-HI, declared , states : -I am 18 years of age. The other girl, Tai-Yow, is

not my sister, but we come from the same place. Yesterday I was brought by the last

witness to Hong Kong from Canton . She brought me here to be a prostitute. I

was willing to be a prostitute. Since my mother's death I have been living with the

last witness. I have lived with her for three years. I did not see Tai-Yow until I

went on board the steamer yesterday. I was sold by the last witness to the mistress

of the brothel . I heard them talking about it, and so I know it. The last witness

also told me that I had been sold . I do not know for what sum. I have never been

to Wanchai. I never said that I had been there. I first asked the last witness to

bring me to Hong Kong.

WONG-PANG-NGAN, declared, states :-I am 18 years of age. I do not know the last

witness except that I saw her for the first time yesterday on board the steamer at

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Canton. I know the witness [points to one Ho-a-Ying] . She is my adopted mother.

I have only known her for a few days.

Remanded to 4th October.

The witness to be detained . CECIL C. SMITH,

Registrar General .

The defendant in Court. 4th October 1870.

WONG-PANG-NGA N recalled :-After we arrived in Hong Kong, the old woman

(Ho-a-Ying) took us to Wanchai, and then we were taken to the defendant's house.

I want to be a prostitute.

The defendant says :-The witness Ho-a- Ying came to me, and asked me if I wanted

two girls for inmates, as she had two who had come from Canton. The two last

witnesses were brought, and after being in the house a short time the inspector came.

I purposed having their names entered in the following morning. They had only been

a very short time in the house, and I have heard that they came from Wanchai.

The defendant fined $5 for keeping an incorrect list of inmates.

The witness Ho-a- Ying convicted of giving false testimony, and fined $50 ; in default,

three months' imprisonment .

CECIL C. SMITH ,

Registrar General .

5th May 1873.

Complainant : WILLIAM KING, Inspector of brothels .

Defendants : CHAN-A-LAN, 56, Native of Shun-tak.

WONG-A-WAN, 24, 99 Canton .

WONG- SAN-TSOI , 38, 99 99

LO-A- KIT, 48, 99 Shun-tak.

WONG-A-CHING, 40, 99 Lung-kong.

IP-A- SZ, 34, 99 Shun-tak.

5th May 1873.

WILLIAM KING, sworn , deposeth :-I am Inspector of brothels . I arrested the six

defendants on the first floor of No. 71 brothel, Wellington Street . I charge the

defendants with buying and selling Chinese girls for the purposes of prostitution , and

also with selling girls to go to California, and also with being dangerous to the peace

and good order of the Colony. I ask for a remand until Wednesday, in order to

produce my evidence.

Remanded until Wednesday the 7th May. M. S. TONNOCHY,

Acting Registrar General.

All the defendants in Court. 7th May 1873.

WILLIAM KING, examination continued :-I found all the defendants on the first floor

of this house. I found six girls in the house and three children. The floor was very

crowded, and seemed fitted up like a barracoon. There were no gratings to the windows.

Four of the girls were in a room by themselves at the back of the house. They were

all huddled up together, and seemed frightened . The defendants were in the front part

of the house. The girls at the back of the house could not have got out without

passing through the room in which the defendants were. This house has been known

to me for a long time as one where young girls were kept to be shipped off to California.

About 18 months ago I saw the first defendant taking two girls from the Canton Wharf.

They were about 14 or 16 years of age. I suspected , from information, that the girls

had been brought into the Colony against their will. I followed the first defendant

into this very house . I asked her what she was doing with the girls , and she said she

was their mother. There were two or three more women in the house . When I

arrested the house, there was a girl in it, named Wong-a- Hi, who was formerly inmate

of No. 90 foreign brothel in D'Aguilar Street. I know that this girl Wong-a- Hi belongs

to the first defendant, who bought her. The first, second, and fourth defendants seemed

to have charge of the house.

No questions .

LO-MING, declared, deposeth : -I am a jeweller and watch repairer residing at No. 70,

Wellington Street. I have resided there about three or four years. I know the first

defendant. She lives opposite to me, at No. 71 , Wellington Street. She has lived

4

20

there some years, on the first floor. I have consequently seen a number of girls going

into and out of the house. They seemed to arrive by steamer, some in chairs and some

walking. I know that the defendant, from what I have seen of her and the girls whom

I have seen going out of the house, was a buyer and seller of young girls to go to

Macao.

No questions.

LAI-TIM, declared, deposeth :—I am carpenter, living at 71 , Wellington Street.

I have always seen a number of young girls being taken in and out of the house. The

ages of the girls ranged from 10 to 20 years. There was always a great deal of crying

and groaning amongst the girls upstairs. I have not heard any beating, but the girls

were constantly crying. The crying was annoying to me and the other people in the

shop. The people living in the neighbourhood have, together with myself, suspected

that the girls were bought and sold to go to California .

CHAU-CHIN-HO , declared, deposeth :-I am an inmate of No. 60 foreign brothel .

I know the third defendant. She was in the habit last year of taking young girls round

about the Colony for sale. They were of various ages, from 10 years to over 20.

I knew the defendant wanted to sell the girls, as she asked me if I knew any woman

who wants to buy them. She comes from Canton .

WONG-HING, declared, deposeth : -I am an unmarried girl of 15 years. I am known

here as Wong- Kam. My father and mother lived at Wong- Po, in Heung-shan . At

11 years of age I was taken to Canton by my sister's husband . She sold me as a

servant to the Lam family. My master was owner of the " Tin- Kat " joss -stick seller's

shop. I was there about three or four years. When my mistress told me that she

was going to take me to my sister at Whampoa, the second defendant was there at

the time. She is a relation of my mistress. My mistress and Tai-Ku took me into

a flower boat. The next morning I was taken to the Shameen, and brought down to

Hong Kong. I was taken to the same house in which I was found by the inspector

on Monday. This was in the tenth month last year. I saw the first defendant in the

house. There was one girl there. My mistress stopped in the house about three days.

My mistress sold me to first and second defendants for $120 . The second defendant

is daughter to first defendant. I was put to work sometimes to make clothes . The

fourth defendant came to the house from the country at the beginning of this year.

She brought two little girls with her. She assisted the first defendant in keeping the

door. I was never allowed to go out. I have never been out of the house since I

came to Hong Kong. First, second, and third defendants never went out together.

One or two of them always stopped in the house. Last year Tai- Ku and A- Neung

told me that I should have to go to San Francisco. This year I was again told that

I was going to San Francisco. I said I did not want to go. Tai- Ku then beat me.

WONG- YAU, declared, deposeth : -I am 19 years of age. I am a native of Wong-

chun, in Tong-koon district . I am married to a man at Tamshui. He is a servant in

a shop. I have been married about four years. In consequence of a quarrel between

myself and another wife of my husband , he sold me to fifth defendant , Sz- Sham, for $81 .

That was only a few days ago. Sz- Sham brought me to Hong Kong by steamer. She

took me to A-Neung's house. I have been there ever since. Several men have been

up to the house to see me. They were going to buy me if they liked me. I don't

know if they looked at any of the other girls . All the defendants live in the same

house.

WM. KING recalled :-I produce a letter which I found in defendant's house.

[Letter and translation marked A.]

Defence.

First defendant :-I am a widow. I am supported by my son-in-law, who is now in

California. Mine is a family house . The girls are visitors at my house.

Second defendant :-I am a married woman . My husband is in California. The

girls are not mine. I am not in the habit of sending girls to California . My husband

is employed on the California steamer.

Third defendant :-I came from Canton to ask first defendant for some money.

I never buy and sell girls,.

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Fourth defendant :-I know nothing about the girls being sent to San Francisco.

I am supported by second defendant.

Fifth defendant :-I know nothing of the girls being bought or sold.

Sixth defendant :-I went to the house to get some money which A- Neung owes me.

Sentence.

First, second, third, fourth, and fifth defendants to find two securities, householders,

in $500 each, to appear at any time within the next six months to answer any charge

in any court in the Colony.

The sixth defendant discharged . M. S. TONNOCHY ,

Acting Registrar Generai ,

A.

MY DEAR SISTER- IN- LAW,

I HAVE perused the contents of the letter you sent to me yesterday. As I have

lost money on the present cargoes, I wish you to ask the purchaser to give a little higher

price for them. You should do what you can for me. I have no leisure time to come

to Hong Kong. Sell them when you receive this letter, and write to me a letter when-

ever they are disposed of. This is most important ! This is most important ! With

compliments .

I am, &c . ,

AYAT.

P.S.-After the settlement of the transaction, take back one cue-tassel and one shirting

trouser, and send them to me whenever you have friend to come to Canton.

30th day of the third month.

This letter is addressed to and to be received and opened by Wong- Lam, first floor of

the " Hang- Shing " picture-frame maker shop , opposite the " Leung-Yip " pawnbroker's

shop.

17th November 1874.

Complainant: W. F. WHITEHEAD, Inspector of brothels .

Defendant : SU-A-KIU, 42, Native of Canton.

17th November 1874 .

CHAN -A- KWAI, declared , states :-My grand- daughter, A- Ho, 22 years of age, was sick,

and she borrowed some money . In order to repay the money she purposed being a

prostitute, and so earning money. The defendant , with whom I was acquainted , was in

the Colony. With the defendant's uncle I and A- Ho went to the defendant's house in

Tai-ping Shan Street. The defendant said she knew a brothel in Singapore, kept by a

friend, where A- Ho could go and get business. A- Ho promised to serve the defendant

for eight months, and was to receive $52 . She was to serve the defendant as a prosti-

tute in the Singapore brothel. The defendant promised to pay the money as the steamer

was going. The defendant paid the money, and A- Ho handed it to me. A-Ho left on

26th of the 8th moon of this year for Singapore. I saw her on board with the defen-

dant. On the evening of the fourth day of the 10th moon I received the [ produced, A]

letter from A- Ho, which is to the effect that she had been sold for $250 to another

party. On the 26th or 27th of the 9th month I had received a letter [ produced, B] from

A-Ho, asking for clothes. It was brought me by the defendant. On receiving the other

letter ( A. ) , I went to the defendant and asked her why she had sold my granddaughter

for $250 for two years ? The defendant promised to take me to Singapore to see my

granddaughter. I asked her to find security that she would produce my granddaughter

if I went to Singapore. Yesterday morning the man who lives with the defendant came

to my house, and said he would accuse me of extortion. He told me that he lived by

selling women into brothels of Singapore. I came and reported the case at this

office.

The defendant states :-I took A- Ho to Singapore. I took her to the " Sai- Shing-

Tong " brothel in Macao Street . She is still in that brothel.

22

Ordered to find security in the sum of $ 100 to appear to answer any charge within

the next three months.

The complainant Chan-a- Kwai also ordered to find similar security in the sum of

$70.

CECIL C. SMITH,

Registrar General.

REPORT BY MR. C. C. SMITH , 2ND NOVEMBER 1866,

BROTHEL ORDINANCE.

There is another matter connected with the brothels , licensed and unlicensed, in Hong

Kong, which almost daily assumes a graver aspect. I refer to what is no less than the

trafficking in human flesh between the brothel keepers and the vagabonds of the Colony.

Women are bought and sold in nearly every brothel in the place. They are induced by

specious pretexts to come to Hong Kong, and then , after they are admitted into the

brothels, such a system of espionage is kept over them, and so frightened do they get,

as to prevent any application to the police. They have no relatives, no friends to assist

them , and their life is such that, unless goaded into unusual excitement by a long course

of ill-treatment, they sink down under the style of life they are forced to adopt, and

submit patiently to their masters. But cases have occurred where they have run away,

and placed themselves in the hands of the police ; who, however, can do nothing towards

punishing the offenders for the lack of evidence, the women being afraid to tell their tale

in open court. Women have, it is true, willingly allowed themselves to be sold for some

temporary gain ; but that brothel-keepers shall be allowed to enter into such transactions

is of serious moment. I have myself tried to fix such a case on more than one brothel-

keeper, but failed to do so, though there was no doubt of the transaction, as I held the

bill of sale.* The only mode of action I had under the circumstances was to cancel the

licence of the house.

In the interest of humanity, too, it might be enacted that any brothel-keeper should

be liable to a fine for having on his or her premises any child under 15 years of age.

Enclosure 4 in No. 1 .

B.

PURCHASE AND DETENTION OF CHILD.

PETITION from TSANG SAN-FAT.

TSANG SAN-FAT begs to report that on the 29th day of the eighth month last year (5th

October 1877) , owing to stress of poverty, he gave away his little daughter, aged six

years, and named Sam A-kin, to Leung A-tsit of the Man-wo shop, the understanding

being that Leung A-tsit should find her husband when she grew up, and should not send

her away to other ports.

On the 10th of this month one of petitioner's partners , A-sin, came and said that

Leung A-tsit was in a day or two going to take away the little girl to another place .

On the 12th petitioner went to the shop, and taxed him with this, and he made some

excuse as to the effect that there were going to be great disturbances in Hong Kong ; but

in reality he was simply making a plausible excuse to cover his real intention of selling

the little girl.

Your petitioner therefore begs that he may be prevented from carrying his design into

effect, and that police may be sent to the dock to arrest him .

The Honourable the Acting Colonial Secretary,

&c. &c. & c.

• Note by Colonial Secretary.— The very first ordinance passed in this Colony (by Sir H. Pottinger) was

against slavery. It was disallowed as superfluous, slavery being already forbidden, and slave-dealing indictable

by law.

Surely the bill of sale here would have been sufficient evidence .

W. T. MERCER.

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23

PETITION from LEUNG A-TSIT.

LEUNG A-TSIT, aged 50 years, living in the Man-wo shop at the Tai-kok Tsui Dock,

wishes to place on record a case in which he is likely to be cheated.

Your petitioner, who is a native of Ka Ying-chan, has now for a long time been doing

business at Tai-kok Tsui.

On the 29th day of the eighth month of the year Ting- chau (5th October 1877) , a man

named Tsang San-fat made an arrangement with your petitioner by which he, being

unable to support a family, handed over to him his little daughter Lam A-kin, aged six

years. This was done through the instrumentality of a man named Wan A-cheung.

The little girl was to become your petitioner's daughter, and was to be brought up by

him, he paying 23 dollars to the parents for the expense they had been put to in rearing

their daughter. On the other hand, it was arranged that when the girl grew up the

privilege of finding a husband for her should devolve entirely upon the foster parents,

and should not concern in the most remote degree the actual parents. On this under-

standing the girl was taken to your petitioner's house, and a regular deed of transfer was

drawn up.

The parent, Tsang San-fat, is now, however, intriguing with a view to extorting

money from your petitioner, and threatens, in answer to repeated remonstrances, that he

will find out a way of doing it. Your petitioner, therefore, appeals for protection against

impending calamities.

The Honourable the Acting Colonial Secretary.

&c. &c. &c.

MINUTE by HIS EXCELLENCY THe Governor.

To the Attorney General.

The parties to these two petitions ( 1216 and 1233) appear to acknowledge being con-

cerned in an illegal transaction .

29th May 1878. J. POPE HENNESSY.

MINUTE by the ATTORNEY GEneral .

The transactions referred to would not be recognised in our laws as giving any rights,

except perhaps as to guardianship, but I am unable to say that there is anything illegal

in the matter beyond that. I do not think it is a criminal offence if it goes no further

than the adoption of a child and the payment of money to its parents for the privilege.

31st May 1878. G. PHILLIPPO .

MINUTES by HIS EXCELLENCY THE GOVERNOR .

Write to Tsang San-fat , saying he was entitled to the lawful custody of his child, and

refer him to the police magistrate.

Write to Leung A-tsit, saying that according to British law the father, Tsang San-fat,

is entitled to the lawful custody of his child.

1st June 1878. J. POPE HENNESSY.

ACTING POLICE MAGISTRATE to ACTING COLONIAL SECRETARY.

SIR, Magistracy, Hong Kong, 12th June 1878.

I have the honour to request that the Attorney General's opinion be obtained as

to what course the magistrates should pursue with respect to the enclosed petition .

From enquiries which I have made, it appears the girl was sold in October last, and

in consideratio of the purchase money, $23, her father , the petitioner, signed a docu-

n

ment renouncing all further claim to the girl . Notwithsta this , he now wants to

nding

get her back , but , being unable to refund the purchase money , the purchaser naturally

objects to give up the girl , whom, having no children of his own , he had adopted as a

daughter.

I have, &c .

The Honourable J. M. Price, C. V. CREAGH,

Acting Colonial Secretary, Acting Police Magistrate .

&c. &c. &c.

24

MINUTE by the ATTORNEY GEneral.

The petition is not translated, and I do not know what the magistrate is asked to do.

I know of no authority empowering the magistrate to order the delivery of the child to

the father. A writ of habeas corpus from the Supreme Court is the only means that I

know of for enabling the father to obtain the possession of the child if it is persistently

refused.

14th June 1878. G. PHILLIPPO .

MINUTE by the ACTING POLICE MAGISTRATE .

when his money is

The purchaser of the girl says he is quite prepared to give her up

repaid, but that otherwise he will not part with her unless compelled to do so by law.

C. V. CREAGH ,

17th June 1878 . Acting Police Magistrate.

MINUTE by HIS EXCELLENCY THE GOVERNOR.

I fear the Attorney General does not recognise the gravity of this case.

I must trouble him to take steps to prosecute on my behalf the purchaser of the girl.

19th June 1878. J. POPE HENNESSY.

MINUTE by the ATTORNEY GENERAL .

I can find no evidence upon these papers to sustain a criminal prosecution, and I am

at a loss what charge to bring. If His Excellency will specify the offence which he

considers has been committed, the case shall have my immediate attention. In my

opinion, parties entering into a transaction of this nature in England would in no way

bring themselves within the operation of the criminal law. I do not think Ordinances 4 of

1865, par. 51 , or 2 of 1875, the only local legislation that I know of on the subject, apply

to the circumstances of this case.

His Excellency may remember the case of Dr. Eitel, some months ago, in which I

gave similar advice as to the necessity of a habeas corpus to decide the rights of parties

to the custody of a child.

21st June 1878. G. PHILLIPPO.

MINUTE by HIS EXCELLENCY THE GOVERNOR.

I felt no dfficulty in acting on the Attorney General's advice in the case to which he

refers, of the girl who had been brought to the London Mission House , the daughter of

a deceased Christian , but claimed by another relative of doubtful character. This casc

is not similar. The allegation is made by the father that his child is forcibly detained

by a man who admits he had purchased her, and who, the father alleges, is about taking

the child out of the Colony for the purpose of selling her.

Such is the allegation made by the father of the child in his first petition of the 24th

of May, and again repeated in his petition of the 14th June. The father's evidence to

that effect may or may not be trustworthy. But if it should turn out to be true, the

Attorney General, in declining to comply with my instructions of the 19th June, will

have incurred a grave responsibility.

26th June 1878. J. POPE HENNESSY.

MINUTE by the ATTORNEY GENERAL .

I did not refer to Dr. Eitel's case as being exactly similar to the present one, but only

for the advice given to His Excellency on that occasion . In many respects, however, I

think it was similar, as in that case, if I remember rightly, the mother claimed the child,

and the widow of the deceased was disposed to give her up upon being refunded a certain

amount which she stated had been spent on the child. I am not aware that I have ever

declined to comply with His Excellency's " instructions ; " I only wish to know in what

respect His Excellency considered the law had been broken before I directed any specific

charge to be brought. Upon perusal of His Excellency's minute of 26th June 1878, I

gathered that His Excellency considered that a charge could be substantiated against

Leung A-tsit of forcibly detaining the child under Ordinance 4 of 1865, par. 51 , with a

view to selling her in some place out of the Colony . I thereupon immediately instructed

Mr. SHARP, the Crown Solicitor, to see the father of the child in order to get a statement from

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him upon which to found an application to a magistrate for a summons or warrant.

Mr. Sharp has seen both the father and mother of the child, and I forward herewith the

statements made by them to him. If His Excellency thinks, upon perusing these state-

ments, that any case can be substantiated against Leung A-tsit under section 51 of

Ordinance 4 of 1875, (taking into consideration also the proviso at the end of the section,

which directs that no person claiming any right to the possession of a child shall be

liable to be prosecuted by virtue thereof on account of the getting possession of such

child or taking such child out of the lawful possession of any person having the

lawful charge thereof,) or upon any other charge, in deference to His Excellency's

view, I will at once instruct the Crown Solicitor to make an application to a magistrate

for a summons. His Excellency will observe now that there is no evidence, not even

hearsay, according to the mother's statement, of any intention of selling the child, even if

we could prosecute for a bare intention.

I have no hesitation in repeating my deliberate opinion that in a case of this sort the

magistrate has no jurisdiction ; that at the most he could only use a little moral pressure ;

and that if His Excellency desires to suppress the practice of parties adopting children or

taking them as servants on giving a gratuity to the parents, by the institution of criminal

proceedings against parties obtaining possession of children from their parents, under such

circumstances it will be necessary to introduce special provisions for the purpose.

In the numerous cases which have appeared in England where the recovery of a child

has been sought, the proceedings have always been by habeas corpus, and no instance can

be found of proceedings being taken under 24 & 25 Vict. c. 100, par. 56, corresponding

to our Ordinance 4 of 1865, par. 51 , for the punishment of a person to whom the parents

have voluntarily transferred a child , even where their consent is subsequently revoked,

and the child is detained, as in the present case.

6th July 1878 . G. PHILLIPPO, Attorney General.

STATEMENT of CHUN-SHE.

CHUN-SHE, wife of Tsang San-fat, states :-Some time last September my husband

told me that he owed some money to Leung A- Tsit, who had asked us to give him our

little girl Lam-ki instead. I talked the matter over with my husband, and, being pressed

for the debt, we determined to part with the girl, provided $2 extra was paid.

Some few days afterwards the man Leung A-Tsit came to our house for the child ; he

paid the $2 to my husband, and we then, of our own free will, gave up the little girl, and

he took her away. I was very sorry about it, and cried. The arrangement was that he was

to keep her at his own house, and by and by find her a husband. There was nothing

said about selling or not selling her ; no paper was made out. I several times visited her

at Leung A- Tsit's house, and found that she was in no way ill- treated . I fancied ,

however, that Leung A- Tsit did not much like my coming so often to his house to see

the girl .

One day in May this year, A-sin (a man employed by Leung A- Tsit) happening to

pass my house, I called him in to have a cup of tea, and he then told me that his master

was going to send the girl away somewhere. A-sin did not say anything about Leung

A-Tsit selling the child, nor did he mention what place she was likely to go to. I told

my husband what A-sin had said to me, and I asked him to make enquiries, and to

prevent her being sent away. My husband afterwards informed me that he had

petitioned the Government on the subject.

I last saw the girl about two months ago, and I believe she is still at Leung A-Tsit's

house.

I should like my daughter to come back, for then I could betroth her when she is old

enough, and I should then probably have money enough to pay Leung A-Tsit.

STATEMENT of TSANG SAN- FAT.

TSANG SAN-FAT, a stonecutter, living at Tai-kok Tsui, British Kowloon , states as

follows :-I have a little girl, six years of age, named Lam-Ki. Some three years ago

I borrowed of a man named Leung A-Tsit of the Man-wo barber's shop near Spratt's

Dock, the sum of $5 , which, with interest ( 10 cents per month for every dollar), now

amounts to $23. Last year, September 1877 , Leung A- Tsit came to me and demanded

payment. I told him I had no money ; moreover that I found it very difficult to provide

for my family, and therefore I could not pay. He then said , very well, you can give

me your daughter instead, and when she is grown up I will find a husband for her. No

terms were then come to, but we had some more conversation about it 10 days afterwards,

when it was agreed that Leung A- Tsit should have the girl for $25, viz. the $23 already

Q 2893.

26

owing, and $2, which was to be paid to my wife, Chan-she, as tea-money. It was further

arranged that Leung A-Tsit was not to sell the girl, but get her a husband when she

was old enough to marry. On the 5th October 1877, Leung A- Tsit brought me the $2,

when I and my wife handed him over our daughter, and he took her away. No paper

was drawn up or signed at any time. My wife occasionally visited the child at Leung

A-Tsit's house, and found her comfortable and well -looked after.

One day last May 1878, a man named A-sin, employed as a barber in Leung A- Tsit's

shop passed by my house during my absence, and told my wife that Leung A- Tsit was

going to take the girl away. This was told to me on my return from work, and I then

went to Leung A- Tsit and made enquiries. Leung A- Tsit informed me that he thought

it would be best to send the girl away- he did not say where-in consequence of the

disturbed state of Hong Kong, owing to the war between England and Russia. I told

the shopkeeper about it, but after making some enquiries they did not further interfere.

I then petitioned the Registrar General, who told me to lay my case before the Colonial

Secretary, which I did . I have no evidence as to any intention on the part of Leung

A-Tsit to sell the child, except what was said by A-sin. The girl has not been sent

away yet. I do not much care about the child coming back, as I am very poor ; but my

wife is very anxious that she should return, for she does not like the thought of her being

sent away. If she comes back to us, I will do all I can to support her, and to get her

betrothed by and by, when I shall probably be able to pay back what I owe to Leung

A-Tsit.

My wife is very busy attending to my old mother, and working for the daily rice, so

that it would be very difficult for her to come over and give evidence .

Hong Kong, 1st July 1878.

MEMORIAL OF CHINESE MERCHANTS, &c., praying to be allowed to form an Association for

suppressing kidnapping and traffic in human beings.

To His Excellency the Governor.

The humble petition of the undersigned residents and merchants of Hong Kong, being

natives of the Tung-kún district, viz . Lo Lai-p'ing, Shi Shang-kai, Fung Ming-

shán, Tse Tát-shing, and others, of Bonham Strand, No. 3, in the matter of

uniting to offer rewards on account of the daily increase of crimes of kidnapping,

praying for the issue of a warrant with a view to make endeavours to stop these

crimes, and to pacify the well-behaved people,

Showeth ,

That there are strict regulations in Hong Kong forbidding the sale of honest people

through kidnapping or deceit, and that, thanks to His Excellency the Governor repeatedly

taking repressive measures against kidnappers, the latter know well that they must be

careful as to their movements, and consequently this great evil became well nigh

extinguished.

That, however, quite lately the minds of some people have become perverted in deceit,

pretending to obey the law and secretly disobeying it, pursuing a dangerous secret game,

and moving about between east and west, the worst being go-betweens and old women

who have houses for the detention of kidnapped people, and, as it may be, inveigle

virtuous women or girls to come to Hong Kong, at first deceiving them by the promise of

finding them employment (as domestic servants) , and then proceeding to compel them

by force to become prostitutes, or exporting them to a foreign port, or distribute them by

sale over the different ports of China, boys being sold to become adopted children, girls

being sold to be trained for prostitution, it being altogether impossible to explain in

detail all their varied plans of wickedness .

That your Petitioners are of opinion that such wicked people are to be found belonging

to any of the (neighbouring) districts, but in our district of Tung-kún such cases of

kidnapping are comparatively more frequent, and all the merchants of Hong Kong,

without exception, are expressing their annoyance.

That, therefore, a meeting for the discussion of the matter has been held, and it is

proposed to raise subscriptions, which may either be paid into the Colonial Treasury or

entrusted to some house of business, to facilitate general publication of offers of reward,

and the employment of special detectives with a view to eventually stamp out this crime

of kidnapping, and to make it impossible for the kidnappers to carry on their tricks.

That, moreover, we, natives of Tung-kún, can get comparatively more reliable infor-

mation regarding Tung-kún kidnappers, leaving no room for miscarriage ofjustice.

That this, however, being a matter of repressing the dishonest and protecting the

honest, may be an interference with official regulations, wherefore your Petitioners dare

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not proceed in the matter without a warrant from your Excellency (authorising them to

do so) , and your Petitioners are thus constrained to present this present petition

conjointly, humbly praying that your Excellency may be pleased to yield to the wishes of

the people, and issue a warrant to authorise your Petitioners at all times to institute

inquiries, and, if they meet with kidnappers, immediately to request the co-operation of

the police in arresting them and forwarding them to the proper tribunal to be tried and

severely dealt with, those who succeed in arresting kidnappers receiving a reward, and

the kidnapped persons being supplied with means to return to their homes, whereby

honest people will be saved from ruin, and kidnappers will be unable to carry out their

schemes at random ; thus also our native city will be benefited, and Hong Kong will be

derive equal advantage.

And your Petitioners, as in duty bound, will ever pray.

Appended are five regulations which are respectfully submitted to His Excellency .

In the fourth year of Kwangsui, 1878 .

[Here follow the Stamps of62 different Shops.]

Hong Kong, 9th November 1878. Translated by E. J. EITEL.

Enclosure in Petition of Messrs. Lò Lai-p'ing, Shi Shang-kái, Fung Ming- shán,

Tsé Tat-shing, and others.

1. Kidnapping is a crime which is to be found everywhere, but there is no place where

it is more rife than Hong Kong, nor is there a time when it developed so rapidly as of

late, the reason being that there have been floods and drought alternating for some years,

whereby many of the people were impoverished. Thus it happened that evil-disposed

persons had an opportunity to set their wicked plans for inveigling and kidnapping

people in operation. Ignorant women fell an easy prey to their schemes. If once they

entered the trap there were but few who could extricate themselves again.

Now it is proposed to publish everywhere offers of reward to track such kidnappers

and have them arrested. If once they are in custody they will be severely dealt with .

Perhaps these kidnappers, hearing this news, will mend their ways. Thus the grace and

favour of His Excellency the Governor will not only put under obligation the people of

Hong Kong, but all the poor people of the inland districts will, with one voice, praise

his goodness.

2. Hong Kong is the emporium and thoroughfare for all the neighbouring ports.

Therefore those kidnappers frequent Hong Kong much, it being a place where it is easy

to buy and to sell, and where effective means are at hand to make good a speedy escape.

Now, the laws of Hong Kong being based on the principle of liberty of the person, the

kidnappers take advantage of this to further their own plans. Thus they use with their

victims honeyed speeches, and give them trifling profits, or they use threats and stern

words, all in order to induce them to say they are willing to do so and so. Even if they

are confronted with witnesses it is difficult to show up their wicked game. Now we,

the undersigned, will use natives of the Tung-kún district to track the kidnappers of

Tung-kún, and although their wicked schemes are very deep, yet they will find it

difficult to escape a careful search.

3. The undersigned merchants, engaged here in trade for many years past , have lately

noticed that the crimes of kidnapping are increasing from day to day. Many of both

the kidnappers and of their kidnapped victims are natives of our native district (Tung-

kún) . Seeing this to be the state of affairs, it is unbearable to think that these villains

take this hospitable Colony for a convenient refuge. A meeting has therefore been held ,

and it is proposed to raise subscriptions with a view to publish everywhere offers of

reward. For every one who brings a kidnapper to trial, whether man or woman, provided

they (the kidnappers) are Tung-kún people, and irrespective of the place to which the

kidnapped persons may belong, there will be, for each person brought to trial and

sentenced, a reward paid to the amount of 20 dollars, and if the kidnapped persons are

natives of the Tung-kún district, and the kidnappers belong to other districts, the reward

will also be paid as above.

4. The money raised has been subscribed by Tung-kún people, and it will be settled

hereafter where the money is to be deposited . But three persons of good repute will be

elected to act as managers ; and when any case of kidnapping turns up, as soon as the

case is tried and proved, the amount of the reward will forthwith be paid by the managers ;

and as regards the kidnapped persons, whether they came far or near, the managers will

arrange and provide means for their being sent back to their homes.

5. This statement has originally been drawn up with a view to be forwarded as a

petition which may be kept on record, praying that the Government issue a warrant. For

28

the kidnappers keep their movements enveloped in secrecy ; but if, on information being

obtained, the authorities have first to be requested to send detectives to inquire or arrest,

it will necessarily take some days, and the kidnappers will meanwhile make good their

escape. It is therefore necessary to request the Government to issue a warrant, so that

the moment information is given the kidnappers can then and there be given into custody

on the spot, whereby the kidnappers will all at once be deprived of their resources and

be unable to escape . Should this arrangement be carried out kidnapping will soon be

stamped cut.

Translated by E. J. EITEL.

Hong Kong, 9th November 1878.

MINUTE by HIS EXCELLENCY THE GOVERNOR.

This seems a very praiseworthy desire on the part of the native merchants and residents

who have signed this petition .

I should be glad if the two police magistrates, the Captain Superintendent of Police,

and Dr. Eitel would, in concert with the leading petitioners, draw up some scheme for

my approval to check this crime of kidnapping.

J. POPE HENNESSY.

12th November 1878.

MINUTE by the ACTING COLONIAL SECRETARY AND OTHER OFFICERS.

Forwarded to the police magistrates, who will be pleased to arrange with the Captain

Superintendent of Police and Dr. Eitel to carry out the directions of His Excellency.

C. MAY,

12th November 1878. Acting Colonial Secretary.

Noted.

C. V. CREAGH ,

Acting Police Magistrate .

13th November 1878.

Noted.

JNO. J. FRANCIS,

Acting Police Magistrate.

13th November 1878.

Forwarded to Captain Superintendent of Police and Dr. Eitel.

C. V. CREAGH,

Acting Folice Magistrate .

Forwarded to Dr. Eitel, who will oblige by kindly bringing this document to the

first meeting.

W. M. DEANE,

15th November 1878. Captain Superintendent of Police .

SUGGESTIONS by Mr. JOHN J. FRANCIS for the Organization of the proposed Chinese

Society for the Protection of Women and Children.

1. That the promoters form themselves into a Company under " The Companies

Ordinance, 1865." Any seven persons associated together for any lawful purpose may

do this . It need not necessarily be for any trading or manufacturing purpose.

2. All subscribers of 10 dollars to the funds of the Association should be members

thereof, with power to vote, &c., but should not be liable for any further subscriptions

or for any contribution during the existence of the Society, but, in the event of the

Company's being wound up, and money being needed to pay off any liabilities, all existing

members ought to become liable to pay a further sum of 10 dollars each .

(a. ) This would be a Society or Company limited by guarantee.

(b.) The advantages of forming a company are manifold. The Association would thus

obtain-

Corporate existence and definite legal status ,

Perpetual succession ,

A common seal,

and with this, more prompt and cordial recognition from the Government and the

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public.

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3. That the objects of the Society should be the protection of women and children

generally :-

1. By labouring for the suppression ana detection of kidnapping and kidnappers.

2. By undertaking the restoration to their homes of all women and children decoyed

or kidnapped into the Colony for purposes of prostitution , emigration, or

slavery.

3. By providing for the maintenance and support of women and children pending

investigation and restoration to their homes.

4. By undertaking to marry or set out in life women and children who could not safely

be returned to their homes or families.

The establishment of a refuge for homeless women and children .

The raising of funds for all or any of these purposes.

The propagation by books, fly sheets, &c. &c. , of a knowledge of the English law on

the subject of kidnapping and slavery among the Chinese bere and on the

mainland.

4. That the Society be managed by a Committee of seven members. The first

members to be the signers of the memorandum of association . Two to retire annually,

and their places to be filled by election by the votes of the shareholders.

5. That the Governor have a vote on the election of any member.

6. That the proceedings of the Committee be regularly recorded in detail, and be

always open to inspection of the Government.

7. That annual accounts be furnished to the Government.

8. That the Society engages and pays its own officers and detectives, who, if approved

by the Government, and guaranteed by the Society in the sum of $ 100 each, be sworn

in as special constables, but to be used for the sole purpose of suppressing kidnapping

and detecting kidnappers.

Such detectives to report daily to the police superintendent, but not to be otherwise

under his orders.

9. That all rewards be paid by Government out of Government funds under existing

regulations, upon the recommendation of a judge or magistrate .

There are many other points that would have to be considered and provided for , but

here is, I think, a framework upon which all else needful could be built upon. An Asso-

ciation thus constituted would have a position and standing before the Government and

public which would entitle it to great consideration and liberal support.

The Government would have a substantial entity to deal with, solid guarantees against

the abuse of any powers it might confer, and legalized means of contracting and

directing .

The subscribers would have legal rights, and could exercise efficient supervision over of

the management of the institution and the disposal of its funds .

Subscriptions would be voluntary, and no liability to pay would arise , except in the

event of the Company being wound up and unable to pay its debts.

Enclosure in Letter of Mr. Fung Ming-shán to Dr. Eitel .

(Translation.)

The Committee, having taken the suggestions (of Mr. Francis ) into consideration ,

propose to add the following rules, without, however, deciding whether (this addition) is

appropriate or not. They now present ( the additional suggestions) respectfully, humbly

praying that the paper be laid before His Excellency the Governor, who may scrutinize

them and decide accordingly.

2. In paragraph No. 2 the words " subscribers of ten dollars " (to the funds of the Asso-

ciation) might perhaps be altered so as to read " subscribers of ten dollars or upwards,

&c."

3. In paragraph No. 8, the detectives to be engaged might be given the additional

power to board junks entering and clearing, and to search them, as follows : -

(a. ) Every Chinese passage-boat or cargo-junk , irrespective of the place whence she

comes or the place whither she may be bound, should , the moment the anchor is

dropped, permit a detective to board and search her.

(b.) Every foreign vessel, irrespective of the place of her destination, should, if she

leaves with Chinese passengers on board, permit a detective to board her , before she

actually starts, and to search her.

Translated by E. J. EITEL .

5th June 1879.

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Translation .

No. 426.

TO DR. EITEL.

The writer respectfully states in reply, that he received the " Suggestions of

" Mr. Francis for the organization of the proposed Society for the protection of women

" and children," and laid the same, together with the literal Chinese translation, before a

meeting of the leading Chinese merchants called to consider the same. The suggestions

were successively, paragraph by paragraph, read and discussed at that meeting, and met

with respectful attention, all praising the excellence of their purport and the goodness

of the method proposed, which is really calculated to check an evil of the present day

of the most pressing urgency. Every one was loud in their praise, and it was urged that

these suggestions should speedily be acted upon.

With reference, however, to paragraph No. 2 , and the words " all subscribers of

" ten dollars to the funds of the Association should be members thereof," the Committee

"9

beg to recommend to amend these words by the insertion of the words " more than

(ten dollars).

Further, as regards paragraph No. 8, referring to the employment of detectives, the

Committee are anxious to recommend the additional suggestion that all vessels coming

and going be boarded and examined by detectives .

But in the absence of His Excellency the Governor's approval, the Committee dare

not act arbitrarily. Two meetings have therefore been held to discuss (and confirm)

these resolutions, and the writer has been specially requested now to communicate the

result to you, with the request that you will submit the whole scheme now for the

scrutiny of His Excellency the Governor, whose reply will be awaited by the Committee,

on receipt of which reply the Committee will forthwith raise subscriptions and carry

out the whole scheme. The Committee will then relapse into the state of simple

members of the Association, which will, when formed , elect specially a Committee of seven

members ; and they hope, when the whole scheme is sanctioned to be carried into effect,

to have a general meeting, and then submit a statement of their position for the

scrutiny of His Excellency the Governor.

Being doubtful if the above will meet with the approval of His Excellency the

Governor, which is respectfully awaited , the writer has meanwhile set forth the circum-

stances, respectfully anticipating your orders, and embraces the opportunity to assure

you of his highest regards, wishing you the happiness of promotion , and asking you to

excuse any shortcomings.

P.S.- Enclosed is the set of suggestions (drawn up by Mr. Francis ) and a draft paper

of additional suggestions, which is respectfully submitted for approval, if possible, with

the prayer that in any case a reply be vouchsafed.

For the provisional Committee.

(Signed) FUNG MING-SHAN.

Received 31st May.

Translated, 5th June 1879, by E. J. EITEL.

KIDNAPPING COMMISSION.

MINUTES OF MEETING held at the Justices' Room, at the Magistracy, on the

28th June 1879.

Present :-John J. Francis in the chair ; Rev. E. J. Eitel, Ph. D .; C. V. Creagh, Esq.;

Mr. Fung Ming-shan ; Mr. Tse Sung-shan.

Minutes of last meeting read and confirmed.

Mr. Fung Ming-shan states that the other two Chinese members, Messrs . Shi

Shang-kai and Lo Lai-p'ing, are absent from the Colony.

Mr. Francis' memo., with the notes of the Chinese members of the committee thereon,

was read and approved, and it was resolved-

That the minutes of the proceedings of the committee be forwarded to His Excellency

the Governor with a strong recommendation :

That His Excellency would be pleased to approve of the proposed Association , and

that the Chinese may be authorised to take the necessary steps to carry out their

ideas :

That Dr. Eitel be requested to write the necessary letter.

JOHN J. FRANCIS , J.P. ,

Chairman .

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MINUTES OF A MEETING held at the Magistracy, on 28th November 1878, at 2.30 P.M.

Present: -Dr. Eitel, Acting Inspector of Schools ; J. J. Francis, Esquire, Acting

Police Magistrate ; C. V. Creagh, Esquire, Acting Police Magistrate ; Mr. Fung

Ming-shan, Compradore of Chartered Mercantile Bank ; Mr. Shi Shang-kai, opium

merchant ; and Mr. Tse Tat-shing, tea merchant.

After it had been stated that Captain Deane had received permission to withdraw

from participation in these meetings, and that Mr. Lo Lai-p'ing was unavoidably

prevented attending the present meeting, the petition addressed by Mr. Lo Lai-p'ing

and others, with its enclosure, was read, as also the minutes on the same document,

C.S.O. No. 2641 .

Adverting to the fact that kidnapping had always been practised in the Colony,

Mr. Francis then put the question to the petitioners, if there was of late any special

modus operandi observed in the proceedings of kidnappers differing from what had

been observed and known formerly, and justifying special proceedings either on the part

of petitioners or on the part of the Government or both. To this question the Chinees

gentlemen present replied that there was indeed a marked difference observable in the

proceedings of kidnappers of late, because they had become acquainted with the

loopholes English law leaves open , also with the principle of personal freedom jealously

guarded by English law, and that through this knowledge their proceedings had not

only become less tangible for the police to deal with, but the kidnappers had been 1

emboldened to give themselves a definite organization, following a regular system

adapted to the peculiarities of English and Chinese law, and using regular resorts and

depôts in the suburbs of Hong Kong. In support of this, Mr. Fung Ming-shan laid on

the table two documents written in Chinese (marked A. and B.) One of these

(marked 4. ) contained a list of 38 different houses in the neighbourhood of Sai-ying-p, ún

and Tai-p'ing-shán used by professional kidnappers as their regular resorts or depôts,

and a list of 21 professional kidnappers, whose names are given, but whose residence

could not be ascertained . The other document (marked B.) consists of a list of

41 professional kidnappers whose personalia have been satisfactorily ascertained . Both

papers are herewith appended, together with an English translation . t

The magistrates present, feeling satisfied that there was good raison d'être for some

special organization to oppose this systematized sale of women and children for unlawful

purposes, pointed out to the Chinese members of the meeting that one great difficulty

the Government frequently met in dealing with such cases was the question, what to do

with women or children found to have been unlawfully sold or kidnapped ; how to

restore them to their lawful guardians in the interior of China ; how to provide for them

in case such women or children had actually been sold by their very guardians , who,

if the woman or child in question were restored to them, would but seek another

purchaser ; how to prevent such women and children being sold again by their guardians

or friends ; how to deal with persons absolutely friendless, &c . To this observation the

Chinese members of the meeting replied that they were prepared to undertake this

duty, and overcome these very difficulties by means of an organized " Society for the

Protection of Women and Children, " which would employ trustworthy detectives to

ascertain the family relations of any kidnapped person , which would see to such persons

being restored to their families upon guarantee being given for proper treatinent, which,

in cases where restoration would not be advisable, or where in the absence of relations

and friends it was impossible, would take charge of such kidnapped persons , maintain

them , and eventually see them respectably married.

The meeting thereupon agreed that it would be desirable for the proposed " Society

for the Protection of Women and Children " to obtain corporate existence, and then

authority to employ private detectives to be sworn in as special constables, who would

have to be selected and to a certain amount (corresponding to that guaranteed in the

case of ordinary constables) secured by the Society's guarantee, who would also be

under the general superintendence of the Captain Superintendent of Police, to whom

they would, if in the Colony, report themselves daily, without, however, being liable to

do any ordinary police duty, being entirely under the orders of the Society.

Mr. Francis suggested to the Chinese members of the Committee the desirability

of spreading in the neighbouring districts a knowledge of the English law forbidding

the sale of persons and guaranteeing the liberty of the subject . The Chinese members

expressed themselves anxious to do so if some one drew up a succinct statement of the

provisions of the English law on the subject . The magistrates present expressed them-

32

selves willing to draw up such a digest in a brief form, and Dr. Eitel promised to

translate it into Chinese for the use of the Society.

The Committee then agreed, that, apart from the superintendence of detectives to

assist the regular police in the arrest of kidnappers, the functions of the proposed

Society would be the raising and administering of funds to pay the detectives and

to provide for rescued kidnapped persons , for which an account should be published

annually.

The Committee further agreed that there would be no need for the proposed Society

to pay out of their own funds the rewards to be offered for the detection of kidnappers,

as there is a law authorising the payment of such rewards by the Government.

The Chinese members of the Committee then made some reference to one or two

members ofthe Chinese police force being suspected of being in league with professional

kidnappers ; but as they had no distinct proof to bring forward, and would therefore, for

the present, not give names, it was agreed not to go into this point .

This closed the proceedings for the day, it being understood that draft regulations

of the proposed Society would be prepared for the assistance of the Chinese members

by Mr. Francis, and, after consultation with the whole Committee, finally submitted to

His Excellency the Governor, together with the minutes of this meeting and of any

future meeting that may be held.

E. J. EITEL.

Confirmed at the meeting of 28th June 1879.

JOHN J. FRANCIS .

COPY OF LETTER from CHINESE SECRETARY to COLONIAL SECRETARY.

SIR, Hong Kong, 3rd October, 1879.

I HAVE the honour to address you in the name of the Committee appointed by

His Excellency the Governor, under date of 12th November 1878, to inquire, in concert

with certain Chinese gentlemen, into the matter referred to in their petition of 11th

November 1878 (C.S.O. 2641 ) , and to draw up some scheme , for the approval of His

Excellency, to check the crime of kidnapping.

The Committee now submit to His Excellency the papers I forward under this

enclosure, which contain not only information as to the character and extent of

kidnapping practised in Hong Kong, but also a detailed scheme for the suppression of

this crime by means of the aid which an organized Native Society for the protection of

women and children would render to the Executive .

The Committee beg to urge upon His Excellency the Governor to sanction the

proposed Association, and to authorise the Chinese gentlemen who are the promoters

of this excellent organization to take the necessary steps to carry out their ideas.

I have, & c. ,

E. J. EITEL.

The Honourable W. H. Marsh,

Colonial Secretary,

& c. , & c. , &c.

MINUTE by HIS EXCELLENCY THE GOVERNOR.

I shall have much pleasure in submitting the details of the proposed Association for

the consideration of Sir Michael Hicks- Beach .

I have recently expressed to Mr. Fung Ming Shan and the other Chinese gentlemen

who nearly 12 months ago brought this important matter to my notice my best

thanks for their valuable co-operation in checking kidnapping and the disgraceful traffic

in human beings .

J. POPE HENNESSY.

7th October 1879.

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Enclosure 5 in No. 1.

From the CHIEF JUSTICE to the COLONial Secretary.

The Supreme Court, Hong Kong,

SIR, May 30th, 1879.

I HAVE the honour to acquaint His Excellency the Governor that I yesterday

sentenced Loo A-sú and Chan A -í, two poor women, for detaining a male child,

Li A-piu, aged 13 years, against the provisions of Ordinance No. 4 of 1865, para-

graphs 50 and 51 , to imprisonment with hard labour for 18 months each.

On the evidence it appeared that they sold the child to Lau Pak-cheong, a druggist at

Yau- mátí, for $ 173 , and the child stayed with him as his servant for over 20 days, when

his relatives came from Canton and claimed him, but the druggist insisted on his right to

possession of the boy, producing a bill of sale, and the boy was not given up till the

parties appeared in the police court.

I am satisfied from the evidence that the great criminal was Lau Pak-cheong, and that

it is an opprobrium to the administration of justice to punish these poor women as I have

done, and allow Lau Pak-cheong to escape. I therefore ask His Excellency to direct

that proceedings be forthwith taken against Lau Pak-cheong, and that the case be con-

ducted at the magistracy by the Crown Solicitor, so that Lau Pak-cheong may be com-

mitted for trial before the Supreme Court under the above-named Ordinance.

2. I have also to inform His Excellency that on the Special Criminal Sessions on the

6th May instant, a woman, Mak Loi-hí, convicted of stealing a female child , Ng A-so,

of the age of nine years, by force, under Ordinance No. 4 of 1865 , paragraph 51 , to two

years' imprisonment with hard labour.

This poor woman was merely a middle woman , and received a small sum , but it came

out in evidence that Leung A-luk had bought the child for $53, and was actually con-

fining her in a room when the child was discovered . She was the great criminal . It is

an opprobrium to justice to punish this poor woman , Mak Loi- hí, and to allow Leung

A-luk to go unpunished .

I therefore ask His Excellency to direct that proceedings be forthwith taken against

Leung A-luk, and that the case be conducted at the magistracy by the Crown Solicitor,

so that Leung A-luk may be committed for trial before the Supreme Court on the above-

named Ordinance .

3. I am aware that, according to precedents here and at home, it is within the province

of the presiding judge to direct prosecutions such as these to be instituted, but I think

it more convenient to ask His Excellency, as the head of the Executive (whose province

it especially is to originate criminal proceedings ) , to direct prosecution .

4. To let these two chief offenders go unprosecuted, and to punish such poor miserable

creatures, exposes the Court to the contempt of the community, and tends to destroy all

respect for the administration of justice in the Chinese community.

It is no objection to proceeding against these two persons that they were witnesses

examined on the two trials.

According to law the evidence given by each on the former trials might be read

against him or her ; but I advise this not to be done ( see 3 Rus . on C. aud M. , pp. 411

and 412 , 4 Ed . 1865 ) .

That the proceedings sought are right and proper and necessary, I take on myself the

responsibility of emphatically asserting. Any trial should be before Mr. Justice Francis.

Herewith are the information and depositions before the magistrate in each case, which

be pleased to return to me, they being records of this Court.

I am, & c . ,

(Signed ) JOHN SMALE,

Chief Justice.

MINUTE by HIS EXCELLENCY THE GOVERNOR to the ACTING Attorney General .

1. It is clear from the evidence and documents published by the Contagious Diseases

Commission that practices of this kind have prevailed unchecked , or almost unchecked,

for many years past in this Colony.

2. Last year I drew the Attorney General's ( Mr. Philippo) attention to a petition

from a father for the restoration of his child , but Mr. Philippo , before whom the papers

were laid, did not seem disposed to enforce the rights of the father, on the ground that

he had sold the child . It would be well to get the petition , and read the minutes on it .

3. I did not agree with Mr. Philippo's view of the law.

Q 2893.

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4. If the Acting Attorney General thinks he can obtain a conviction in the case to

which the Chief Justice now calls attention, or any similar case, my wish is that the law

be strictly enforced.

30th May 1879. (Signed) J. POPE HENNESSY.

Note.-Governor Hennessy left for Japan on the 31st of May 1879. The Colonial

Secretary, Mr. W. H. Marsh, administered the Government till the Governor's return ,

6th of September 1879.

MINUTE by the Honourable the ADMINISTRATOR on the GOVERNOR'S MINUTE.

I think the magistrate who committed for trial in these two cases should have an

opportunity of perusing the Chief Justice's letter, and of explaining why, he discharged

the two persons whom it is now suggested should be prosecuted . Refer to him

accordingly.

9th June 1879. (Signed ) W. H. MARSH.

Enclosure 6 in No. 1 .

REPORT by the ACTING POLICE Magistrate .

REGINA V. Soo A-SU AND another.

In this case the druggist Lau Pak- cheung was not discharged, he only appeared

before me as a witness for the prosecution.

REGINA V. MAK LOI-HI .

It appeared to me that Mak Loi-hi, who, according to the evidence, found the child

crying in the street, and, under the pretence of finding and restoring her to her mother,

took her about and offered her for sale, was the chief actor in the crime ; and as I

considered that the unsupported evidence of the child was insufficient to secure her

conviction, I discharged the 4th defendant, and made her a witness at the request of

Inspector Lindsay, who believed that from the inquiries he had made she had purchased

the girl on the supposition that the latter had been sold with her father's consent.

When recalled the child herself stated that she told the 4th defendant that this was

the case " because 1st defendant told me to say so ."

To obtain a conviction under paragraphs 50 and 51 of Ordinance 4 of 1865 , it must be

proved that the child was detained , -

1. " With intent to sell him or her, or to procure a ransom or benefit for his or her

" liberation ;

2. " With intent to deprive any parent, guardian, or other person having the lawful

" care or charge of such child of the possession of such child ; or

3. " With intent to steal any article upon or about the person of such child ;"

And I considered that while the evidence of a criminal intention was very slight in the

case of the 4th defendant, she would be an important witness against the actual

kidnapper of the girl .

It appeared to me that 4th defendant being a well -to-do woman, and having no

children of her own , had purchased the girl with a view to adopting her as a daughter in

the belief that she did so with the father's sanction .

(Signed) C. V. CREAGH,

11th June 1979. Acting Police Magistrate.

When acting Captain Superintendent of Police last year, I wished to prosecute a man

for detaining a child under this Ordinance, but as it was shown that the boy had been

sold by his father some months previously, the Attorney General (Mr. Phillippo)

considered that the purchaser was in loco parentis, and could not be punished.

( Signed) C. V. CREAGH ,

11th June 1879. Acting Police Magistrate.

MINUTE by the ACTING ATTORNEY- GENERAL .

I handed these papers to the Crown Solicitor with instructions to see what evidence

is forthcoming, and I beg to enclose his report.

With the greatest respect for the Chief Justice I doubt the policy of prosecuting

the woman he refers to, having regard to the fact that the Magistrate had discharged

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her for want of testimony, and looking to his further report. The Magistrate should

always be supported when it is possible ; and if he discharged the woman, and put her in

the box as a witness, and she was used again at the Supreme Court, it might look like

a breach of good faith to treat her now as a criminal .

The other two women I could see less reason for discharging, and I think perhaps

should have had them charged, but I felt that that would be a grave slight on the

magistrate.

As to the druggist's case I think that the only thing that can be said is that it would

look to be a breach of faith to proceed against him now.

The Chief Justice reprimanded all the parties very severely when passing sentence on

the others, and I think they were so frightened that they will not engage in such acts

again. However, in this case I am quite ready to sink my own opinion, and prosecute

if it is deemed politic .

(Signed) J. RUSSELL,

5th July 1879. Acting Attorney- General.

REPORT by CROWN SOLICITOR.

REGINA v. Soo A-SU AND ANOTHER.

In this case I find that the boy Lee A-pui and also Lam A-ting of the Sun-kee

tailor's shop in or near Canton, where the lad was apprenticed, both left the Colony

immediately after the trial, and have not since been heard of. Possibly these witnesses

might be got at through the British Consul at Canton, but without their evidence, any

charge brought against Lam Pak- cheung, the druggist, could not be well substantiated.

Unfortunately no other evidence is forthcoming, and Inspector Cameron can find no

trace of the man A-kam who stole the lad at Canton, or of the woman Ang, both of

whom seem to have decamped on hearing that the police had been applied to in the

matter.

The druggist was himself the first to complain to the police, and apparently bought

the boy with no evil intention, and under the impression that he was an orphan without

a home. The child too says that he never told the druggist that he had any home, and

expressed no desire to leave him .

The purchase by Chinese ( having no family of their own) of young orphans, and

indeed of others whose parents are too poor to keep them, is a social custom amongst the

natives, and is of constant occurrence in Hong Kong. These " pocket children," as they

are usually termed, are often treated with great affection, and are far better off than they

were previous to their being so bought.

REGINA V. MAK LOI-HI.

With the aid of Inspector Lindsay, I have carefully investigated this case. Cheung

A-kai and Seung A-luk, 2nd and 4th defendants, discharged at the Police Court, have

already given their sworn testimony at the recent Criminal Sessions . Should it, however,

after this, be thought desirable to put them on trial, I think there may be sufficient

evidence to obtain a conviction . Lum A- chan, 3rd defendant, seems to have taken a

minor part in the affair, and would be required as a witness .

Two magistrates sitting together have power to determine cases of this nature.

( Signed) EDMUND SHARP,

Crown Solicitor.

'Enclosure 7 in No. 1 .

The ADMINISTRATOR to the CHIEF JUSTICE.

Government House,

SIR, Hong Kong, 16th July 1879.

I HAVE the honour to inform you that your letter of 30th May last, recommending

that proceedings be taken against Lau Pat-cheung and Leung A-luk under Ordinance 4

of 1865, paragraphs 50 and 51 , was referred by His Excellency Governor Hennessy to

the Acting Attorney General, who, before making a report, asked that the papers might

be referred to the committing magistrate.

I have now received the report of the Acting Attorney General, as well as those of

the committing magistrate and of the Crown Solicitor, and I regret to inform you that

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atter carefully considering these reports, as well as the depositions forwarded by your

Honour, I do not see my way to directing the prosecutions of the two persons indicated

by you ; first, because, with all deference to your Honour's opinion, I do not agree with

you in looking upon them as the principal criminals ; and, secondly, because I think that

after the evidence of these persons has been taken before both the committing magistrate

and the Supreme Court without any warning having been given to them that their

evidence might be used against them, it would appear like a breach of faith to treat them

now as criminals .

A perusal of the depositions which you forwarded me, and which I now return, does

not show that either of these persons obtained possession of the children for immoral

purposes . It appears also from the depositions that they were led by the statements of

the prisoners who have been sentenced by you, which statements were confirmed by the

children themselves, to believe that one of the children had no parents, and that the

other was disposed of with the written consent of the father, alleged to be the only

surviving parent. Neither of the children seem to have been ill- treated, and the magis-

trate has expressed the opinion with regard to the woman Leung A-luk, that " being a

well-to-do woman, and having no children of her own , she had purchased the child with

46

a view of adopting her as a daughter, in the belief that she did so with the father's

" sanction."

Should the prosecution of these persons result in their acquittal, which seems to me

not improbable, I fear that the good effect produced by the severe reprimand, which I

understand that your Honour administered publicly to all the parties concerned in these

two cases, might be to a great extent neutralized .

As your Honour's letter has remained for some time unanswered , I think it only right

that I should acquaint you without further delay with the opinion that I have formed on

the subject of your communication . But as your letter has been under the consideration

of Governor Hennessy, whose departure for Japan prevented him from finally dealing

with it, there seems to me to be no reason why the matter should not be left, if your

Honour wishes it, for the decision of His Excellency on his return to the Colony, when it

will not be too late to take proceedings against the parties, should it be thought necessary

to adopt that course.

I have, & c . ,

His Honour the Chief Justice, (Signed) W. H. MARSH,

&c. &c. & c. Administrator.

Enclosure 8 in No. 1.

The CHIEF JUSTICE to COLONIAL SECRETARY.

The Supreme Court ,

SIR ,

Hong Kong, 8th October 1879 .

THE Criminal Calendar for September 1879 was sent to you in due course yesterday.

It comprises three cases : -Case No. 1 , a conviction of Lee A-kau for kidnapping and

detaining a child aged 8 years ; case No. 6, a conviction of Tsang Sz-tau and Û A-in , on

two counts, for kidnapping and detaining a boy, Ho Po-sing, with intent to sell him in this

Colony, and on two other counts for the same offence as to another boy, Yeung-shing ;

and case No. 9, a conviction of Keung A-to for purchasing a female child, Tin-heng, for

the purpose ofprostitution in this Colony, and of Li Akak for having sold the same child

for the same purpose.

I thought it my duty, on the occasion of passing sentences on these prisoners , to enlarge

on the crimes to which these crimes ministered, the great increase of which in number

had recently been brought to the notice of the Court , especially slavery usually designated

domestic, and slavery for the purposes of prostitution ; and seeing that arguments , doubts,

and difficulties had been rather hinted at than fully expressed , I thought it incumbent on

me to enter very fully into all the questions at a length which otherwise might be thought

too prolix .

I concluded my arguments by an epitome of most of the propositions I desired to

affirm, which are comprised in eight propositions. To these I refer as the substance of

most of my very long observations.

What I said appears in the " China Mail " and " Daily Press," but I think the latter

on the whole is more exact.

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The matters discussed are important. I have expressed my views on them with the .

earnestness they excited in my mind.

I should be going beyond my proper province to say more than that . I am at the

service of His Excellency the Governor as to the serious questions which may arise.

I have, & c. ,

The Honourable W. H. Marsh, (Signed) JOHN SMALE,

Colonial Secretary, Chief Justice.

&c. &c. &c.

MINUTE by HIS EXCELLENCY THE GOVERNOR.

To the Acting Attorney General for his observations.

(Signed) J. POPE HENNESSY,

9th October 1879.

MINUTE by the ACTING ATTORNey General .

Read.

J. R.

The COLONIAL SECRETARY to CHIEF JUSTICE.

Colonial Secretary's Office,

SIR, Hong Kong, 9th October 1879.

I AM directed by His Excelleney the Governor to acknowledge the receipt of

your Honour's letter of the 8th instant, calling His Excellency's attention to the observa-

tions your Honour made in sentencing certain prisoners convicted of kidnapping and

detaining children for sale at the recent sessions, and I am to convey to your Honour

His Excellency's best thanks for placing your great experience and knowledge at the

Governor's service in this matter.

I have, &c. ,

The Honourable Sir John Smale , (Signed) W. H. MARSH,

Chief Justice, Colonial Secretary.

& c. &c. &c.

Enclosure 9 in No. 1.

From " Daily Press " of 22nd September .

Hong Kong Supreme Court, 20th September 1879 .

Criminal Sessions.

Before the Hon . Chief Justice Sir John Smale.

Selling and BUYING A CHild for the PURPOSES Of PRostitution.

Keung Ato was charged with unlawfully buying a female child named Siu Ahing

for the purpose of prostitution , and Li Akak with selling the said child for the same

purpose, on the 4th March . The Acting Attorney General ( Hon . J. Russell) ,

instructed by the Crown Solicitor ( Mr. E. Sharp ) , prosecuted, and Mr. Ng Choy

appeared for the first prisoner. The jurors were Messrs . M. A. de Carvalho, N. A. Siebs,

J. G. dos Remedios, A. O. Gutierrez, T. G. Glover, L. M. Baptista, and J. F.

Mardfeldt.

Mr. Koro Rata, of the Japanesc Consulate, was present to watch the interests of

the girl.

The Attorney General, in opening the case, said the girl, being then about 11 years of

age, was brought here from Japan by a Chinaman, to whom, according to the girl's

own statement , she was sold by her parents. After his arrival here, being in want of

money to go to his native place, this man left her in pledge with a respectable com-

pradore for $50. The compradore kept this little girl as his servant, but it appeared

that about the 3rd March last her mistress had beaten her severely, and she ran out

of the house. She was met in the street late at night, about 11 o'clock, by the second

defendant, who said something to her, and finally took her to the house of the first

defendant, and there sold her for a sum of money. The first defendant kept her in

the house for some time, and, according to the girl's statement, threatened to send her

to Singapore to be a prostitute. The whole of the surrounding circumstances showed

the intention was either to keep the girl here as a prostitute, or to send her to Singapore,

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and if the jury believed the object was to send her to Singapore, knowing as they did

the traffic that had been going on, they would have little difficulty in determining that

the purpose for which she was to be sent there was an immoral one . The Ordinance

under which the prosecution was brought was one introduced in 1875 specially to

protect women and girls, and to prevent improper emigration . The offence with

which the prisoners were charged was a misdemeanor, not a felony. Most of the

cases of the kind they had in that Court were felonies, the children having been taken

away with the intention of depriving the parents or guardians of their custody ; but

that was not the case here, and the present charge was only a misdemeanour.

Sin Ahing said :—I am 14 years of age, and was born at Kobe. My father was a

hawker of vegetables, and my mother a needlewoman . They had no money, and they

sold me to a Chinaman. I was then 11 years of age. I do not know the name of the

man who bought me. He brought me to Hong Kong three years ago, and sold me to

a young Chinese gentleman ; I do not know for how much, but I saw money pass.

This was in Lan Kwai Fong Lane. The man who bought me had a family house, and

he took me to it. -Pao Chee Wan was here called into Court, and the witness said

he was the " young Chinese gentleman " who bought her. She also pointed out his

wife, Wai Alan, who came into Court supported by a female servant on either side

and shading her face with her fan.- Evidence continued : -I lived with them for three

years and acted as servant. My mistress beat me.

His Lordship :-With her fan ? She does not seem as if she could use anything else.

Witness :-With a rattan .

His Lordship :-Oh, with a rattan ! And for what offence ?

Witness :-She lost a cake, and said I had eaten it.

His Lordship :-Did she beat you with her own hands ?

Witness :-Yes . It was the handle of the feather duster my mistress beat me with.

She beat me on the hands, feet, and back, and gave me a great many cuts ; two on the

hands, and more than ten on the feet, and the blows left marks which turned black. I

was not held or tied at the time. It was during the day time I was beaten. The same

night that I was beaten I ran away, about 11 o'clock at night. I had never been beaten

before. I wandered about the streets for some time, and then saw the second prisoner.

I was crying, and she asked me what was the matter with me. I said my mistress had

beaten me. She then said, " Come, I'll take you to my place," and she took me to her

house. On the next day she said, " I am going to sell you to be a prostitute." I said

I would not go. She said, " It is very good ; you have good clothes and shoes ." I said,

" How much are you going to sell me for ?" She said $10 . I said, " So cheap !" She

said , " The person will not give more than $ 10. " Nothing more was said after that.

I had breakfast with her, and after that she took me to the first prisoner at his house.

His wife took me to Singapore. I have been to Singapore ard come back. When I

went into the first prisoner's house the second prisoner sold me to him. The second

prisoner said, " I have sold you to Keung Ato." He was there at the time to take

delivery, and heard what she said . He said nothing, but I remained there. I saw money

pass whilst we were all together, but could not say how much. The wife of the first

prisoner was also present at that time. I remained in that house with the first prisoner

and his wife for two or three days , and got good clothing and good food, and was treated

kindly. The earrings I wear were given me by the first prisoner's wife, and also the

bangles. After two or three days the first prisoner's wife took me to Singapore in a

large steamer. When I got there I was placed in a brothel as a servant . The first

prisoner's wife was there also . I remained there for five or six months. The first

prisoner's wife sold me to another mistress. I had a fit and was returned to the wife

of the first prisoner, and she brought me back to Hong Kong. This was a long time ago.

The wife of the first prisoner is a large-footed woman and a procuress. When she

brought me back to Hong Kong she took me to the house where the first prisoner lives.

I remained there until one day when there was some wrangle about me, and the police

interfered. I remember the first prisoner one day saying to me something about going

to Singapore, but I cannot remember what it was.

By Mr. Ng Choy :-I have never seen my parents since they sold me, and I do not

know whether they are living or not. When I ran away from the house of Pao Chee

Wan, and met the second prisoner in the street, she did not say, " I'll take you as my

daughter." I was crying at the time. I told her I was a servant in a family house,

and that I had run away because I had received a beating. I did not ask her to take

me to her house for the night as I had no place to go to. She did not say she pitied

my condition. She did say she would take me to her house . I consented to go, and

went. She did not ask me if I would like to be sold to a family as an adopted daughter.

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I stayed in her house more than 10 days. I did not go out during that time ; I was

locked up. I did ask to be allowed to go out, but she gave no answer. I was taken to

the first prisoner's house after ten or more days' time. The first prisoner's wife was

sent for, and she came to the second prisoner's house, and took me to the first prisoner's

house. The second prisoner did not take me there, but she came afterwards. The first

prisoner's wife took me to her house to sell me. When I say " to sell me," I do not

mean to say that the second prisoner had sold me to the first prisoner's wife. When

the first prisoner's wife came to the second prisoner's house I did not hear what was said.

I did not know that when the first prisoner's wife came to the house of the second

prisoner she wanted to buy me for a daughter. What she wanted to purchase me for I

don't know. I have said that when I was at the first prisoner's house, the second

prisoner, when she got the money, told me it was paid by the first prisoner, who was

going to adopt me as a daughter. The first prisoner never told me he had bought me

for a daughter. I was treated as a daughter in the house. I have not said elsewhere that

when the second prisoner first met ine in the street she said, " I will sell you to some one 1

to be a daughter."

The deposition of the witness at the police court was then put in and read. She made 1

no reference at that time to ever having gone to Singapore, but said that one day the

first prisoner told her he was going to send her to Singapore to be a prostitute ; and in

reply to a question by the first prisoner said it was not because she had refused to make

tea that he said this . She also said that the second prisoner said to her in the street,

" Come with me, and I will sell you to some one to be a daughter."

Cross-examination continued :-1 lived in the first prisoner's house a long time, four

or five months. I went out to see a procession about a month ago, and from the first

time I went to the prisoner's house until I went out to see the procession I remained in

that house. I should now like to return to Pao Chee Wan .

His Lordship :-What do you say about home, and your father and mother ?

Witness --I would rather go back to the young gentleman than to the first prisoner

or my father and mother.

His Lordship :-But going back to the young gentleman is going back to the young

lady with her fan.

Witness :-Yes.

His Lordship :-Yes, she would rather have the treatment of a servant than this

delightful treatment as a daughter. Can she give any reason why she would like to go

back there ?

The witness gave no answer, and his Lordship remarked that it was merely a fancy,

for which she could give no reason .

The second prisoner asked no questions.

His Lordship :-Tell that chattel she can stand down.

The Attorney General said he did not intend to call Pao Chee Wan or his wife.

His Lordship said if neither party called them he would do so, unless the Attorney

General said there were reasons of a criminal nature why they should not be called .

The Attorney General said the matter was standing over for consideration ; there

might be reasons of a criminal nature.

His Lordship said that in that case he would not call them. He was very glad to

hear it.

Choi Atsoi, an amah, formerly in the employ of Pao Chee Wan, was then called , but, 1

not answering to her name, the Attorney General asked that her depositions at the

police court might be read.

Sergeant Perry proved having made diligent search for the woman, and having been

unable to find her. He believed she had gone to Canton.

His Lordship said this was not sufficient proof that the woman was not in the Colony.

Pao Chec Wan and his wife would be the witnesses as to that.

The Attorney General said, that , for the reason he had before stated, he could not call

them .

His Lordship said he would not interfere with any proceedings the Attorney General

might be contemplating against that young gentleman. He would not be sorry to see

him there on another occasion .

The Attorney General said another witness, Cheung Sam Mui, was also absent, and

the same remarks applied in that case.

The depositions were therefore not read .

P. S. Perry said that on the 29th July he saw the first prisoner at the police station,

and in consequence of instructions he received he went with him and the first witness

to the house of Chung Sam Mui. The latter was not in, and they went to the first

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prisoner's house, where they found her. On the way the first prisoner said the girl was

his adopted daughter, and his woman had brought her from Japan three years ago . The

second prisoner was afterwards arrested . When the charge was read over to her

in the charge room she said she had sold the girl to the first prisoner for $60, but

that she only had $40 of it. The first prisoner was present at the time, and heard what

was said.

By Mr. Ng Choy :-He did know sufficient Chinese to understand what was said,

and could repeat it in Chinese.

Mr. Ng Choy asked him to do so.

The witness was repeating what was said, when Mr. Ng Choy said he was satisfied .

His Lordship :-Then he has your certificate that he knows Chinese. I am very

glad to hear it, for he is a very deserving man.

By the second prisoner : -You did say there was no bill of sale . You also said you

had sold her to him for a daughter. You did not say she was a present.

By his Lordship : -When Pao Chee Wan and the first prisoner were together at the

station the first prisoner said he claimed the child as his adopted daughter, and that

she had been living with him and his woman in Lower Lascar Row for three years ;

his woman brought her from Japan three years ago, and she was his adopted daughter.

Pao Chee Wan said he was a compradore, and resided in Lan Kai Fong . He pointed

to the little girl and said, " She is my servant, and has been living with me and my

wife for three years ; I missed her about three months ago." The little girl, in answer

to questions, made a rambling statement . First she said she belonged to the first

prisoner, and afterwards that Pao Chee Wan was her master. She said her mistress

had beaten her, and she had run away, and that when she was in the street the second

prisoner met her and afterwards sold her. Since that time the girl has been living at

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the Tung Wah Hospital, and was brought to Court from there this morning. She was

sent there by the police.

Wong Akow said her husband's name was Chan Aku, and she lived in the same

house as the first prisoner and his wife . She recollected the girl in Court being taken

to that house by second prisoner. There was a conversation between the two prisoners,

but she did not know what was said . The following day the second prisoner came

again, and received money from the first prisoner ; witness did not know how much, nor

what the money was for . There were several tens of dollars passed . The girl remained

with the first prisoner, and witness never saw the second prisoner in the house again.

Witness gave certain information to the police , and pointed her out in the street. She

heard her charged at the police station with selling the child . The first prisoner was

present . In answer to a question whether the girl belonged to her, the second prisoner

said " Yes," that she had sold her to Ato (the first prisoner) , and that the price

was $60.

By Mr. Ng Choy :-She did hear the first prisoner say to the second that he wanted

the girl for a daughter. The girl remained in the house of the first prisoner all the

time up to about a month ago. As far as witness knew she was treated as a daughter.

By the Attorney General : -She had not seen the girl go out with the first prisoner's

wife. Witness sometimes left the house for a few days. The first prisoner's wife had

gone to her father's house ; witness did not know where that was. She had been away

for several months.

By his Lordship :-It was some time before there was any question at the magistracy

that she went away. She went away alone.

Yan Ahing, Sergeant Interpreter at the Central Station, said :-I recollect the first

prisoner coming to the station on the 29th July. He said , " That girl is my servant

girl. My woman brought her from Japan about three years ago. I live in Lascar Row."

By Mr. Ng Choy - I did not hear him say the girl was his adopted daughter.

Sergeant Perry was there when he made this statement. He said he lived in Lascar

Row, and that the girl had been living with him three years ; he did not mean that

he had been living in Lascar Row three years.

This concluded the case for the prosecution .

Mr. Ng Choy, addressing the jury on behalf of the first prisoner, said the man stood

charged on the information with having purchased a certain child for the purpose of

prostitution . He was not charged with purchasing her for any other purpose, nor was

the other prisoner charged with selling her for any other purpose, and therefore that

purpose must be clearly proved before the jury could convict. If they had the least

doubt about it he submitted it was their duty to acquit them, certainly to acquit the

first prisoner. Now, what were the facts ? The little girl was sold by her parents in

Japan to a Chinese ; then she was brought here, and she was resold to Pao Chee Wan , a

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compradore, in whose family she stayed for two or three years. Then, according to her,

own story, she got a beating one night and ran away, and while she was crying and

wandering in the street, having no place to go to, she met the second prisoner, who asked

what was the matter. The girl told her, and then the second prisoner took her to her

house. There was some inconsistency in her evidence as to what passed between the

second prisoner and herself, and they would remember her evidence at the police court

was given very shortly after the occurrence. However, she was taken to the second

prisoner's house, and remained there for some days, and then she was sold to the first

prisoner. Now, what was the object for which the first prisoner purchased her ? At

the police court, she said most clearly that the second prisoner, after she had got the

money, told her she had got it from the first prisoner, who was going to adopt her as a

daughter. If they believed this , the object of the first prisoner in buying the girl was

quite clear. As the jury knew, a Chinese family, when they had no girl, would often

buy a girl for a daughter. This, therefore, was not at all an unusual case. Whether it

was a good policy or not was another question, but it was often done. Well, the girl

remained in the first prisoner's house for several months, being treated as a daughter, as

she herself said, and had ear-rings, bangles, and clothes given her. Then one day she

went out with another woman to see the funeral procession of Mr. Kwok Acheong's

mother, and there she was seen by a servant of the compradore, Pao Chee Wan, who

told her to go back. She refused there and then, and was taken to the station, and then

the matter was brought before the Court. Now, what was the evidence, he should like

to know, against the first prisoner of his having purchased the girl for the purposes of

prostitution ? He (the learned counsel) was taken by surprise when the girl said in the

witness box that she had been taken to Singapore by the wife of the first prisoner, and

that she remained there for five or six months. She never said a word about that at the

police court. The police made enquiries, the girl herself was examined several times by

the magistrate, and not a word was said about this then . But then she contradicted her-

self in cross-examination ; she said she remained at the first prisoner's house from the

time she was taken there until the day she went out to see the procession . After such

evidence as this could they convict the prisoner on the unsupported statement of the

girl ? Then, again, she was flatly contradicted by the woman Wong Akow, who was

living in the same house as the first prisoner, who said the girl remained in the house

from the time she was purchased until the day she went out to see the procession, and

that when the first prisoner's wife went away she went away alone. Therefore the girl's

statement about having been taken to Singapore must have been au afterthought, a

result of her imagination, and they must necessarily disbelieve that part of her story.

Well, if they did not believe that, what else was there ? He had put in the deposition

of the girl at the police court, and there was one point in it which might strike the jury as

implicating the first prisoner. She said, " About a month ago the first prisoner told me

he was going to send me to Singapore to be a prostitute." She did not say that to-day,

but as the deposition had been put in he was bound to draw their attention to it . The

story was a very improbable one. She could give no reason why he told her this. And

why on earth should he have told her ? Then, even if it were true he had said so, he

did nothing to carry out the threat ; no overt act had been proved ; and, he submitted, it

was not enough to convict upon. It might have been simply an idle threat used

towards her when she was disobedient, the man never intending to carry it out. Now,

what was there against him in the evidence given to-day ? At the police station he

was foolish enough to tell a falsehood . They knew the Chinese were prone to tell lies,

-he was sorry to have to say that, but they were not to punish him for telling lies.

66

When he was at the police station , he said, My wife brought this girl from Japan

three years ago ." Probably he said this to smooth matters, and was perhaps in terror at

the time. But, as he had said before, they were not to punish him for telling lies ;

he was charged with a different offence. But let them look at the conduct of the

prisoner. He was a respectable man, and it had been proved that when he bought

the girl he said he wanted her for a daughter, and the girl admitted that during

the whole of the several months she was in his house she was treated like a

daughter. Therefore the evidence, so far from supporting the charge, negatived the

presumption that when he bought the girl he meant to make an immoral use of her. If

he wanted to use the girl for immoral purposes, why did he keep her in his house four or

five months ? The prisoner was not charged with simply purchasing the child, but with

purchasing her for the purpose of prostitution ; and before they could convict, they must

be perfectly satisfied that was the purpose for which he purchased her. He (the learned

counsel) would be the last person to advocate slavery, or the nefarious practice of buying

girls for the purpose of prostitution, but he would urge the jury not to be led by their

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abhorrence of slavery and immoral practices to convict a man upon insufficient evidence.

He submitted there was not a shadow of proof against the first prisoner to snpport this

serious charge which had been brought against him, and he had full confidence in asking

them to acquit him.

The second prisoner said : —I have not much to say. The girl followed me because

she said her mistress had beaten her, and therefore she was crying and would not go

back to her mistress. That is all.

His Lordship then summed up. He said Mr. Ng Choy had not attempted to show

there was not the transaction of buying and selling this girl as a chattel, but what he did

say was that the evidence did not show that the buying and selling was for the purpose

of prostitution. If the jury believed the man gave $60 for such a poor little simple

child as that, looking simply to her services in an honest course of life, and not for the

power of selling her again, or for dedicating her to prostitution, he was entitled to their

verdict. The case was one of some difficulty in that respect. The question was, Did

the first prisoner buy the girl for the purpose of prostitution ? Of course the girl was

told all sorts of fine things when she was to be sold. When they sold a horse they gave

it the best grain, and coddled it up, in order that it might look better in the eyes of

the purchaser ; and it would not have done for the woman here to have made the worst of

the story to the girl . Of course she said, " I am going to get you a capital place, such

a place as you have never heard of." All that, they knew, was a lie, but it was the lie

that always accompanied fraud and deceit. But first they had to consider as to the first

prisoner ; when he bought the child did he buy her believing it gave him the power of

selling her as a prostitute ? because, if so, he bought her for the purpose of prostitution.

He did not buy her probably to take advantage of her himself, or for a particular house

of prostitution ; but did he buy her with intent in his mind of selling her when she should

become fit for the prostitute market, or did he give $60 for that miserable little thing

as a servant ? Inasmuch as Mr. Ng Choy had raised that issue only, and very properly

so, he would read only so much of the evidence as met that particular issue. Now, there

was the fact that the child was going about the streets when the woman met her, and,

naturally enough, told her she was going to get her a very fine place, and that she was

to be an adopted daughter. That went for nothing. But did they believe the girl when

she said that on the next morning the woman said to her, " I am going to sell you to be a

prostitute ?" If they believed the woman said that, then she had herself indicated the

object with which she sold the child. The evidence of the child seemed to him to be the

evidence of truth ; she was old enough and clear-headed enough to be able to appreciate

facts, but he doubted whether she was clever enough to be able to invent them. If they

believed the woman said to her, " I am going to sell you for a prostitute," that followed

and coloured the whole transaction . He was speaking now, not as laying down the law,

but as stating what he conceived to be the common sense view of the affair. The child

then went on, " I said I won't go.' She might have had some horror of prostitution.

They knew something of what prostitution was in Japan before the Japanese Government

took it in hand and dealt with it. They could understand that even a child would be

taught the horrors of prostitution in Japan. The woman says, " It is very good ; you

have good clothes and shoes ; " and the child begins to think ofthe beautiful clothes and

so forth, and all the glorious consequences of being a prostitute ; -they gilded the pill to

her, as they had to millions before her ; and then she says, " How much are you going

to sell me for ? " She began to warm, and think it was not such a bad thing. The woman

said , " For $ 10 ." The girl said , " So cheap." The child thought that even her flesh and

blood was worth something more than $ 10 . The second prisoner said, " That person

will not give more than $ 10 . " Nothing more was then said. This woman, according

to the child's story, had opened to her the fact that she was to be a prostitute if any one

liked to buy her for that, and she got the child-poor little creature-to assent to it.

Did they believe that conversation took place ? It seemed to him an impossibility for

that child to have invented it, as if she could appreciate what the effect would be on the

minds of the jury ! His Lordship then continued reading the evidence of the first

witness, and directed attention to the expression of the child, " The first prisoner was

there to take delivery." He said he had no doubt the first prisoner treated the girl with

every possible kindness ; but they knew the story of the natives in the South Seas, who,

when they caught a crew of Englishmen, put them in a cage and fed them up before

they ate them, treating them with the greatest possible kindness. He did not impute

this to the first prisoner ; perhaps he did not do it with that intent, but kindness to a girl

under such circumstances did bear two constructions. Referring to the girl's statement

that she had been taken to Singapore, his Lordship said great doubt had been thrown

on the narrative, and it certanly was a very singular narrative ; but the fact that it

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was not mentioned at the police court was nothing against what she said being true,

because it was constantly occurring that when a witness said something in that Court,

and was asked why he had not said it at the police court, he said, " I was not asked ."

But did they think the girl's narrative at the Magistracy was a narrative of her own

without question and answer ? He did not. Questions were put to her, and she was

not likely to volunteer very much beyond, except that here the pressure of the Court

gave her a degree of confidence which she had not at the Magistracy. Then if they

believe what the child said about being taken to Singapore, the case was complete as

regarded the first prisoner. However, the jury might believe this or not, according to the

view they took , but it did not affect the general narrative of the case. If they did believe

it, the first prisoner was guilty ; if not, it was a strange invention which some one must

have put into her head, and she had been at the Tung Wah Hospital all the time ,

and no imputation was made against the people at that institution . One construction

was that she was not asked this at the Magistracy, and here something had directed her

mind to it. His Lordship then referred to the statement of the first prisoner given in

evidence by the girl at the police court, that he was going to send her to Singapore,

and said that as the deposition had been put in by Mr. Ng Choy, it was evidence against

the prisoner here . The statement showed that the man believed he had acquired the

right and power to dedicate her to prostitution. Then came his own statement to the

police, " That girl belong my servant girl ." He did not call her his adopted daughter,

but claimed her as his servant, whom he had a right to deal with as he said would,-that

was, to sell her as a prostitute. His Lordship said he thought he had dealt with all the

evidence on the question of prostitution, and asked the counsel engaged if there was

anything else they wished him to refer to.

Mr. Ng Choy said he would like to have the evidence of the woman Wong Akow

read.

His Lordship said there was another point, which was, that there was no bill of sale.

A bill of sale was that which might be supposed to give legality to such a transaction ;

but if any legality according to Chinese ideas did exist in such cases, this was a surrepti-

tious transaction without a bill of sale . He then read the evidence of Wong Akow, and

said Mr. Ng Choy put that forward as showing it was impossible the child could have

gone to Singapore. The question was a difficult one, but that he would leave to the

jury. The real question was a simple one :-When a man bought such a child did he

buy her to be a prostitute, or did he buy her to be adopted daughter, and give such a

price as 860 for her ?

The Attorney General asked his Lordship to call the attention to what the first

prisoner said at the police court about having had the child three years.

His Lordship did so, and told the jury the case was in their hands, the question being

whether the child was bought and sold for the purpose of prostitution or not.

The jury unanimously found both the prisoners guilty .

Ilis Lordship. I will call upon the prisoners at a future time. This is a case of far

larger proportions than the guilt or innocence of the two prisoners at the bar. I take

shame to myself that the appalling extent of kidnapping, buying, and selling slaves for

what I may call ordinary servile purposes, and the buying and selling young females for

worse than ordinary slavery, has not presented itself before to me in the light it ought.

It seems to me that it has been recognised and accepted as an ordinary out-turn of

Chinese habits, and thus that until special attention has been excited it has escaped

public notice. But recently the abomination has forced itself on my notice. In some

cases convictions have been had ; in two notable instances, although I called for prosecu

tion, the criminals escaped. They were Chinese in respectable positions, and I was

given to understand that buying children by respectable Chinamen as servants was

according to Chinese customs, and that to attempt to put it down would be to arouse

the prejudices of the Chinese. The practice is on the increase . It is in this port, and in

this Colony especially, that the so-called Chinese custom prevails. Under the English

flag, slavery, it has been said, does not , cannot, ever be . Under that flag it does exist in

this Colony, and is, I believe, at this moment more openly practised than at any former

period of its history . Cyprus has been under our rule for about a year, and already,

both in the House of Commons and in the House of Lords, questions have been asked,

and the members of the present Ministry have assured the country that slavery in every

form shall be speedily put down there. Humanity is of no party, and personal liberty

is held to be the right of every human being under English law, by, I believe, every man

of note in England. My recent pleasant personal experience in England assures me of

that. But here, in Hong Kong, I believe that domestic slavery exists in fact to a great

extent. Whatever the law of China may be, the law of England must prevail here. If

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Chinamen are willing to submit to the law, they may remain, but on condition of obeying

the law, whether it accords with their notions of right or wrong or not ; and, if remaining,

they act contrary to the law, they must take the consequences. I am perfectly satisfied

that the state of this Colony will attract the attention of Parliament when it next

assembles. I shall deal with these people when I shall have more fully considered the

case. I now direct you, Mr. Attorney General, to prosecute these two people, Pao

Chee Wan and Wai Alan.

The Attorney General :-My Lord, I intimated before that this matter was under

consideration ; I do not think I am at liberty to say under whose consideration.

His Lordship :-I direct the prosecution , and will take the responsibility. It is the

course in England, and I will pursue it here.

The Attorney General :-You have publicly directed it ; and I will report it to the

proper quarter.

His Lordship :-The Attorney General at home is constantly ordered by the Court

to prosecute. On my responsibility alone I do this.

The Attorney General -May I ask your Lordship to say on what charge ?

His Lordship :-Under sections 50 and 51 of No. 4 of 1865 , and also for an assault.

The Attorney General :-I have given this case a good deal of consideration , and as

your Lordship directs a prosecution I should be glad if you would indicate under what

Ordinance you think it should come.

His Lordship :-I have directed it under those two sections, and you will exercise

your discretion or your responsibility in doing it.

The Attorney General : -I cannot if I am directed .

His Lordship :-I direct the prosecution .

The Attorney General :-Will your Lordship look at section 7 of the new Ordinance ?

His Lordship :-I have said as much as I choose to say, and I will not be put to

question by the Attorney General. If you have any difficulty come to the Court in

Chambers. There are three cases of kidnapping, &c. at the present Sessions. Those

crimes are on the increase here.

The Attorney General : -The matter is already before the Governor, and has been

for some time . I have received a note to-day saying it is not decided what shall he

done.

His Lordship :—I am sure it is the earnest anxiety of the Governor that what is right

shall be done . No one can appreciate the Governor's efforts in that direction more

than I do.

The Attorney General :-I am simply waiting instructions . The matter has been

before the Governor for some time.

The prisoners were then removed, and the Sessions was adjourned until to -morrow.

Enclosure 10 in No. 1.

(Translation .)

To His Excellency the Governor.

The petition of the undersigned committee-members and merchants, acting on behalf

of the Chinese community of Hong Kong, viz . , CHIÚ Ü-T'IN, WONG KWAN-T'ONG,

LEUNG ON, KWOK TS'UNG, FUNG MING- SHIAN, WONG SHU-T'ONG , FUNG TANG, LEUNG

LÜN -PO , CHAN CHẾUK-CHI , FUNG YIN-TING, Tsut SUI-CHANG , PÁNG YAT-PÒ , U

HD-TS'ÜN , KWOK NÁM- P'ING and others, praying your Excellency to be pleased to

stretch a point of law, and to apply it with discrimination, so as to yield to the feelings

of the people, and to extend compassionate consideration to their views,

Showeth-

That whereas the Colony of Hong Kong is situated in the immediate neighbourhood

of the Canton province ; many of the poor, from all sorts of places, sell their daughters

or dispose of their sons to save their own lives (from starvation ) , and as the Chinese

Government has never prohibited the practice, it was hitherto continued for a long time

without interference.

That lately, however, there were certain avaricious rogues and vagabonds, who, under

the pretext of buying girls to be employed as domestic servants, sold them from hand

to hand to be sent abroad for purposes of prostitution , such confusion of stones with

pearls being a matter for extreme regret.

That your petitioners last year addressed your Excellency by petition on this subject,

praying for permission to establish a Society for the protection ( of women and children) ,

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hoping thereby to stamp out such practices, whence it will be seen that the under-

signed committee-members hate such wicked practices as one hates an enemy.

That the practice of purchasing boys for purposes of adoption, and the practice of

buying girls for purposes of domestic servitude, widely differ from the above-mentioned

wicked practices, because the purchasing of boys has its reason in the absence of male

descendants creating a desire to adopt a son, as the sphex adopts the mulbery insect,

whilst the buying of girls has its origin in the necessity for a division of labour caused

by the multifarious character of domestic duties.

That such servant girls being young have both to be taught and to be tended, and

when they have reached maturity, they have to be given in marriage (to free men),

whilst all along they are allowed to take their ease, and have no hard work to do.

That all former Governors of this Colony were fully aware of these social customs of

the Chinese people, and never insisted upon the law being set in motion against them ,

but treated the matter with indulgence, and forbore prosecution .

That your petitioners find that in the year 1841 his Excellency Governor Elliot

issued a proclamation inviting an increase of settlers, in which it was said that all Chinese

residing in Hong Kong would be treated in accordance with their native customs, and so

forth, whereupon people far and near were delighted to come, and the Colony of Hong

Kong showed thenceforth signs of improving in prosperity from day to day.

That now, however, your petitioners are informed that his Lordship the Chief Justice,

after the trial of a case of purchasing free persons for purposes of prostitution, said, in

the course of his judgment, that buying and selling girls for domestic servitude was an

indictable offence ; -which put all native residents of Hong Kong in a state of extreme

merchants and wealthy residents in the first instance being afraid lest

terror ; all great

they might incur the risk of being found guilty of a statutory offence, whilst the poor

and low class people, in the second instance, feared being deprived of a means to preserve

their lives (by selling children to be domestic servants) .

That, moreover , there obtains in China the practice of infanticide in the case of female

infants , which would be extremely increased if it were entirely forbidden to dispose of

children by buying and selling ; and further, people thus deprived of a means to keep

off starvation would, it is to be feared, drift into thiefdom and brigandage .

That your petitioners , considering your Excellency's habit of solicitude for the

sufferings of the people , and of sympathy with their feelings , will surely not allow poor

people who have no helper to be left awaiting death with tied hands, humbly beg that

your Excellency , in merciful consideration for the feelings of the people, forego the

carrying out of a measure bringing distress upon the people , and lay before Her Majesty's

Government their prayer that, in applying the provisions of the law to the Chinese

practice of buying sons for purposes of adoption , and girls for domestic servitude , a

point be stretched in dealing with the case, but that the purchase of free people for

purposes of prostitution , and the kidnapping and selling of persons from hand to hand,

be severely punished , when both poor and rich in the whole Colony will be greatly

indebted to your Excellency's favour for ever and ever.

That your petitioners further beg to enclose herewith a statement of the case

under ten different paragraphs, which they respectfully submit to your Excellency's

consideration .

And your petitioners , as in duty bound, will ever pray.

P.S.-Strictly speaking , this petition should have been signed by all the traders in

Hong Kong, but in view of the urgent and pressing nature of the case the Committee

feared to incur the long delay which would be caused thereby . It was therefore

resolved at a public meeting that the undersigned , fourteen members of the Committee ,

should append their signatures on behalf of the whole community to avoid delay.

In the year 1879 , the 22nd of October.

In the fifth year of the reign of Kwongsui , the 9th moon, the 8th day.

Translated by

E. J. EITEL.

25th October 1879.

Translation .

Subjoined is a statement, under ten different heads, which is herewith respectfully

presented for inspection , with the humble prayer that it be carefully examined , and action

taken thereon as may be deemed expedient.

1. Since time immemorial there has been in China the practice of buying and selling

male and female children, either for purposes of adoption ( in the case of boys), or in

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the case of girls either to bring them up as one's own daughters or to use them as

domestic servants. As there is in all these cases free will and inclination on both sides,

and no kidnapping, or decoying, or compulsion, the law does not * forbid those practices.

These practices are, moreover, not merely those of the common people, but of the

families of scholars and high officials as well. The reason of all this is the excessive

increase of the population, and the wide extent of poverty and distress. The Government,

therefore, yielded to the circumstances, and moulded the law accordingly, with a view

to relieve the distress of the people. For if all those practices were forbidden, poor

and distressed yeople would have no means left to save their lives, but would be

compelled to sit down and wait for death . This is the principal reason for the

non-interference of the law. But as to selling free persons for purposes of prostitution,

as to decoying, kidnapping and compulsion, and other wicked, practices, the law of

course restrains them with severity, the worst cases being visited with capital punish-

ment. Whilst all those practices, therefore, may be classed together as buying and

selling (of free persons ), it is yet requisite to distinguish carefully the good or wicked

purposes which each class of practices serves, and accordingly apply discriminately

either punishment or non-punishment.

2. Hong Kong being conterminous with the Canton Province, and in constant inter-

communication with the inland districts, nearly 40 years have now elapsed since the

opening of the Colony, which has become an emporium of trade, and since the last few

years many Chinese have brought their property, wives and families, to the place, suppos-

ing that they would be able to live here in peace, and to rejoice in their property. The

reason for this movement was a belief in the equitable administration of the criminal

law on the part of the English courts of law, and the absence of vexatiousness on the

part of the Executive . Native residents have, therefore, lately expressed a wish for

naturalisation, and native merchants felt a desire to settle down in this trading place

for good. Moreover, at the first opening of the Colony, His Excellency Governor

Elliot issued a proclamation inviting an increase of settlers by the promise that Chinese

coming to reside in Hong Kong would be in every respect governed in accordance

with their native customs ; and from the time of the publication of this proclamation to

the present day people always depended upon it. Chinese residents of Hong Kong

have, therefore, been in the habit of following all native customs which were not a

contravention of Chinese statute law. It is said that the whole increase and prosperity

of the Colony, from its first foundation to the present day, is all based on the strength

of that invitation which Sir John Elliot gave to intending settlers, and that this present

intention of applying, all of a sudden, the repressive force of the law to both the

practices of buying and selling boys or girls for purposes of adoption or for domestic

1

servitude is not only a violation of the rule of Sir John Elliot, but moreover will,

it is to be feared , not fail to trouble the people.

3. One of the common but evil practices in vogue in China is the practice of

infanticide in the case of female children, and this practice is most especially followed

in the Canton Province . Poor and indigent people, scarcely able to provide food and

clothes for themselves, finding themselves additionally burdened with the anxieties

and troubles which children involve, will frequently, if unable to find anybody willing

to take over and rear them, proceed to drown them the moment they are born. This

practice has lately abated to a certain extent, as compared with former times . But

although the practice of infanticide, a cruel and unnatural proceeding, is of course

unanimously abhorred by everybody, yet, being really caused by the pressure of

poverty and distress, it must be classed with evils which are almost unavoidable. Now,

if the buying of adoptive children and of servant girls is to be uniformly abolished ,

it is to be feared that henceforth the practice of infanticide will extremely increase

beyond what it ever was. The heinousness of the violation of the great Creator's

benevolence, which constitutes infanticide, is beyond comparison with the indulgence

granted to the system of buying and selling children to prolong their existence. More-

over, the families which are able to purchase children have an abundance of clothes

and food, which certainly offers an advantage beyond anything those children had in

their own families, as they are placed beyond all care of providing against hunger and

cold . The foregoing considerations are calculated to make people rather rejoice over

the fact that these children change hands.

This is not literally correct. The law being on this point in advance of the social life of China, as the

Brehon laws were in advance of Irish civilization, does not permit parents to sell their children indiscrimi-

nately. But this law is a dead letter, and as a matter of fact such sales are of every day occurrence in all

classes of society, and certainly not treated as illegal by the Chinese courts. Hence the belief of the

petitioners.-E.J.E.

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4. When parents are willing to sell their sons and daughters to others , the reason

invariably is, that their troubles are innumerable, their plans exhausted, their means

squandered, and it is only when they find there is no better way out of their difficulty

that they resign themselves to this resort. As regards the sellers, their own intention

is to find some one willing to buy, so that the matter is entirely voluntary, and there

is not the least compulsion in it. As regards the buyers, they look upon themselves as

affording relief to distressed people, and consider the matter as an act akin to charity,

1 especially as the boys or girls they buy, being of tender age, have, as a general rule, to

be clothed, fed, nursed, taught, and if they are sick a doctor has to be engaged to

attend to them ; and when they are grown up, the boys have to be provided with a wife

and a separate family dwelling, and to be set up in house-keeping ; and in the case of

girls, a good husband has to be picked out for them to make them happy for life . The

love and care devoted to them is often greater than that bestowed on one's own offspring.

In view of all this, it is impossible to class this system as identical with life-long slavery

and deprivation of liberty.

5. China honours , above all others, the tenets of Confucianism, that is to say, the

teachings of Confucius and Mencius . Mencius says there are three forms of deficiency

in filial duty, but the worst of them is to have no descendants. Consequently every

childless person considers it obligatory to adopt a son, for the term " deficiency in

filial duty " implies a sin of the most heinous hue. Supposing even that there were a

man showing no willingness (to adopt a son ) , his relations and friends would certainly

do the utmost to exhort him to do so. Hence the number of people who are willing to

buy boys for purposes of adoption. But it being once permissible to purchase boys in

order to make them one's own sons, it follows that it is also permissible to buy girls in

order to make them one's own daughters . This system is the most essentially important

of all Chinese customs, and your petitioners therefore beg that this statement be

condescendingly examined and tested.

6. In China there are fixed rules for the purchase of human beings, which rules bear

absolutely no comparison whatever with the mode of purchasing ordinary commodities.

For in buying ordinary articles of any kind, the buyer acquires unlimited power over

them, and he is entirely at liberty to keep them or reject them. There is no such thing

in the purchase of human beings. For when a girl is bought for domestic servitude, her

parents may come at any time to visit or inquire after her, and before the contract is

half over they may redeem her. When the girl is of age, she is to be married, and the

parents must, of necessity, be communicated with, and as to willingness or unwillingness

the girl herself is allowed to have her say in the matter. If the master (of a servant

girl) is cruel and overbearing, and drives her to despair so as to kill herself, or to run

away without leaving a trace behind her, the parents or relatives of the girl may apply

to the Court, and the master will be prosecuted and punished. It is for this reason that

any family which has lost a servant girl is bound to issue a notification offering a reward

for any one who will devise means to find her, until she is recovered, for it is feared that

otherwise the parents will institute proceedings in the matter. This being the treatment

required, it is evident that the purchaser has not complete power, but that one half of

the power rests in the girl's own free will . Comparing this system with life -long slavery,

it is evident the two are as different as heaven and earth . Some time ago the Chinese

Government strictly prohibited the coolie trade, but has now concluded treaties with

Peru , Spain, and other countries, sanctioning free emigration , the reason being that the

coolie trade was based on deception and kidnapping, but free emigration is a matter of

independent free will . Both ( coolie trade and emigration) are to a certain extent

matters of the same nature, yet when they are discriminately examined the two systems

differ as wide as heaven and earth. Thus also the system of kidnapping girls for

purposes of prostitution , and the adoption of boys or purchase of servant girls, are also

matters of the same nature (as coolie trade and free emigration ) ; only it requires some

intelligence to be able to distinguish the (turbid ) river King from the ( clear) stream of Wei.

7. Some months ago the Chinese merchants of Hong Kong presented a petition to

your Excellency, praying for permission to establish a Society for the protection of

honest people (women and children ), the object being to afford protection to women,

girls, and young children generally against the snares of seducers and kidnappers . It

will be seen from this that your petitioners hate that form of wickedness as one hates

one's enemy, and cannot bear seeing this class of rogues and vagabonds at liberty to

play their pranks in this humanely governed English Colony. For their practice is to

use kidnapping and seduction , cunning and deceit, as a source of profit and permanent

revenue, and differs from honest and straightforward buying of sons or purchasing of

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servant girls so widely that there can be no comparison at all. Thus good and evil can

be easily distinguished in this case.

8. Some years ago, about the beginning of Sir Arthur Kennedy's administration , your

petitioners, seeing immorality flourish to an extraordinary degree, to the great injury of

public morals , seeing also a system of kidnapping of females going on, intended for

exportation for purposes of prostitution, to the total obscuration of the moral sense,

could not bear looking on quietly, and in personal interview with His Excellency the

Governor begged that some energetic measures be devised for the repression of this

evil . At that time Sir Arthur Kennedy considered it was almost impossible to move

a finger to repress sly prostitution, because it was impossible to deal with it without

coming into collision with the liberty of the individual guaranteed by the English law,

and that only one course was left open, viz. , to pass an ordinance comprehending in

its application everything of that sort whereby the evil might gradually be abated .

He also asked your petitioners what they thought of it, and all replied it would be an

excellent measure. Accordingly Ordinance No. 2 of 1875 was passed . Your petitioners

therefore considered that, according to Sir Arthur Kennedy's intention at the time,

this Ordinance referred simply to kidnapping and to forcible detention and seduction of

women and girls, as also to the purchase of females for purposes of prostitution , but

to nothing else. Strange to say, sections VII . and VIII . allow a construction and have

a range of application so extensive that they can be made to extend to the buying of

sons for adoption, and to the buying of girls for domestic servitude, which would assume

accordingly a criminal character. This is, in the opinion of your petitioners, inexplicable ,

and they beg, therefore, to suggest the advisability of dealing with the matter by a

slight alteration ( in the wording of those sections) so as to yield to the feelings of

the people .

9. The office of the Registrar General was charged with the superintendence of prosti-

tutes and the licensing of brothels and similar affairs. But from 80 to 90 per cent.

of all these prostitutes in Hong Kong were brought into these brothels by purchase,

as is well known to everybody. If buying and selling is a matter of a criminal character

the proper thing would be, first of all, to abolish this evil (connected with the brothels) .

But how comes it that since the first establishment of the Colony down to the present

day the same old practice prevails in these licensed brothels, and has never been

forbidden or abolished . It will be seen from this that successive Registrar Generals,

who were thoroughly acquainted with Chinese social customs , abstained from such

grievous measures (as interference with purchase of children for adoption or domestic

servitude) .

10. When the law forbids the purchase of slaves, the reason certainly is that it is to

be feared they might be reared in contempt and treated with barbarity . Such pro-

hibition is, therefore, a matter of benevolence and compassion . Now as to bringing

up girls for domestic servitude, of course if one looks at the fact that these girls receive

no wages, there is indeed a difference from ordinary servitude. But as one has to tend

and nurse them whilst they are of tender age, and marry them off when they are grown

up, it is only for the few years between those two periods that one gets the benefit of

their labour. Moreover, as they have to be given away in marriage, they are not like

capital that remains on hand, whilst the food and clothes they get are far superior to

what they got in the families they came from . Girls of poor and distressed families,

seeing this, look upon it as the very heaven and highroad to fortune. If all such

chances for them were cut off, all the daughters of poor cottagers would consider their

high road to fortune destroyed . Thus the intention to do them good would turn out

to be to their injury. Your Excellency, being inspired by humane and benevolent

feelings , will surely be able to sift and weigh the above statements .

In the foregoing ten paragraphs your petitioners offer but a few slight explanations

of the customs of the Chinese people, and of the measures taken by successive Govern-

ment officials, the real facts being here set forth and presented to Your Excellency in

the earnest hope that Your Excellency will, by a stretch of charity and sympathy,

condescend to yield to the feelings of the people, and deal with the matter descriminately.

And as to that Ordinance, passed some time ago, which contains passages referring to

this subject, Your Excellency may perhaps deem it advisable to change the meaning

of the Ordinance, by adopting the nearer and rejecting the far-fetched sense of the

words. Or perhaps it may be advisable henceforth to subject the buying of sons for

adoption , and the purchase of girls for domestic servitude, to official registration ,

with the expressed stipulation that such children are not to be treated oppressively, or

some similar rule .

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Whilst submitting these suggestions, with due respect for Your Excellency's decision,

your petitioners beg to state that by such measures there will be no grievance inflicted

on the people, but rich and poor will both be comforted and the whole community of

Hong Kong will be benefited thereby.

Translated by

E. J. EITEL .

25th October 1879.

Enclosure 11 in No. 1 .

DR. EITEL'S REPORT.

SIR, Hong Kong, 25th October 1879.

I HAVE the honour to forward herewith a more detailed Report, for the information

of His Excellency the Governor, on the subject of Domestic Servitude in relation

to Slavery, regarding which I had been requested to express an opinion .

I have, & c. ,

To the Hon. W. II . Marsh, E. J. EITEL ,

Colonial Secretary. Acting Chinese Secretary.

Slavery, as it existed in the West, in ancient Greece and Rome, as well as in modern

America, has always been an incident of race . Greek philosophers, in view of the

intellectual inferiority of barbarians, treated the enslavement of barbarians by Greeks as

a matter of course. As to Roman slavery, it claimed no other justification than the

right of conquest. The members of an inferior race, or the subjects of a weaker nation ,

were held in perpetual bondage by the members of another and stronger race who

conquered in war, and who looked upon their captives and the descendants of their

captives as their property, de jure gentium, as Justinian calls it. In course of time,

however, an enlarged sense of equity, and the development of that old Roman theory,

the lex naturalis, refuted this notion of the Roman Law that victory gave the conqueror

any further power over the defeated beyond disarming and disabling them as regards

resumption of warfare. But with this advance of civilization came also an enlarged

consciousness of the wide gulf separating civilized nations from barbarous tribes - white

men, and therefore free men-from black races, supposed to be intended by nature for

a position inferior to that of a free civilized white man . Slavery was thus not only

continued, but assumed a deeper significance, and seemingly greater justification, as being

founded on organic differences, implanted in men by nature, inborn and therefore

indelible. Thus it was that modern slavery, whilst abandoning the justification

established in Roman Law by the so-called jus gentium of Justinian, adopted the

argument first propounded by Greek philosophers, and slavery became thus a more

enduring and systematic bondage than ever. For it was now defended even by Christian

divines as in harmony with the divine purposes prophesied in Scripture regarding the

descendants of Ham, and illustrated by the physical and intellectual inferiority of black

races, for science also lent its aid to rivet the chains of the Africans, as being but highly

developed apes.

Roman slavery received its fullest development when Roman civilization and Roman

jurisprudence was in its zenith . Thus also the absolute slavery in which the black races

of Africa were held by white men in the West Indies and in America, who treated them

simply as a commercial article of export and import, was materially perfected by the

rapid advance which civilization and science had made among the progressive societies

of Europe and America as compared with the retarded development of barbaric into

civilized life , illustrated by the condition of the black races of Africa.

In fact, this postulate of organic differences in men as the principal apparent justifica-

tion of modern slavery, is possible only in societies which, in the evolution of their social

and political organism from the family groups or village units of patriarchalism, summing

up all the relations of persons in the relations of family, have reached that high stage

of development which is characterized by a mature sense of personal rights and indi-

vidual obligation giving to the individual the place of the family. That systematic

reduction of men to chattelhood which converts the members of one race into a seemingly

natural article of trade or into mere living implements of agriculture for the use of

another race, is the privilege of a socially self- conscious generation which laboured hard

Q 2893.

50

to emerge from feudalism and despotism in gaining civil and political freedom, and was

able therefore to appreciate what the negation of liberty implies.

But although this modern slavery was thus the natural outcome of an abnormally

rapid advance of civilization, it was an outrage upon the spirit of the old Roman lex

naturalis, which all along counteracted the growing tendency of Roman law to treat the

slave as a mere article of property, and which, especially since the French Revolution,

developed with marvellous rapidity. Slavery was, in truth, an unnatural straining of

the organic differences implanted in man , and therefore bound to be rectiñed by a

reaction. The great colonial emancipation initiated by Wilberforce, ard the more recent

abolition of slavery in the United States, represent thus but a necessary development of

the social organism of the West . The natural law of reaction was set in motion by that

humanitarianism which, since the end of the last century, began to permeate, like an

electric current, the whole ofthe western world . The result was a general growth of

that ideal conception of nature which merges all distinctions of race in the higher

synthesis of the universal brotherhood of man. Slavery has thus happily become an

impossibility among the enlightened nations of the West, in whose laws ( and social rela-

tions the status of a slave has been more or less superseded by the contractual relation of

master and servant..

Nevertheless , it must not be forgotten that, whilst this higher conception of humanity,

this appreciation of the fundamental equality of all human beings, with its consequence,

the abolition of slavery, is the outcome of a long course of organic development through

which the social life of the West has passed by the gradual dissolution of family depen-

dency and the growth of individual obligation , our present conceptions of humanity, of

personal liberty, and of slavery, are but transitions of progress, and await further , modifi-

cations and wider applications from the light of science and the spirit of equity. And

further, it should be remembered that, whilst the slave trade is successfully abolished in

the West, slavery still lingers in many highly civilised countries. Even in the social

organisms of the most advanced countries like England, numerous relics of ancient

patriarchalism, feudalism, and despotism have survived, which are out of harmony with

the spirit of modern civilization . Take, as an instance, that relic of ancient patriarchalism,

the absolute authority of husband and father, which still survives in the law of England,

vesting parental rights in the father alone. Or take as another instance that relic of

ancient feudalism , the European principle offeme covert, which absorbs the legal existence

of woman during marriage in that of her husband . Or consider, as a third instance, but

unum de multis, the powerful hold which the idea of aristocracy, as implying a superior

quality of blood in so- called old families, still has on the popular mind of the West,

America not excluded .

The foregoing will, I trust, suffice to show that the term " slavery " is bound up with

the peculiar development of the social life and the legal theories of the progressive

societies of the West. It has, indeed , such a peculiar meaning attached to it that one

ought to hesitate before applying the term rashly to the corresponding relation of a

social organism like that of China, which had an entirely different history, and has

hitherto been socially unconnected with those highly developed societies. But I believe

also to have shown that in Greck, Roman , and modern society the practice of slavery

always required some ingenious justification before the tribunal of the moral sense ; in other

words, that ever since the social organisms of the West emerged from archaic patri-

archalism, so long retained by the ancient Romans, and especially by the Sclavonians and

a few other Indo- Germanic nations, slavery had no natural place in them. Its gradual

dissolution was but a question of time.

Whilst thus the idea of absolute rights inherent in men, and the recognition of the

absolute equality of every human being, has been slowly and gradually evolved in the

West, and thereby procured, in the course of ages, the virtual abolition of slavery, we

find an entirely different development of the same ideas in China. That flower and

fruit of modern Christian civilization , the practical realisation of the consciousness of the

common fatherhood of God and the universal brotherhood of man, as the heirloom of

every human creature, has been the very seedcorn and root from which the Chinese

social organism has sprung up. That Heaven and Earth are the common parent of all

human creatures, that all men within the four seas (i.e. all people that on the earth do

dwell) are brethren, is the keynote of the religious, social, and political teaching of the

most ancient Chinese classics. In that ancient period of Chinese history which is still

looked upon as the classical norm and guide for the present and future, the Chow dynasty

(founded 1122 B.C. ), slavery was abolished in every form except that of the con-

demned criminal. Although slavery was re- established by the Han dynasty (3rd

century B.C. ) , which developed the patria potestas to such an extent as to give parents

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the right to sell their children in case of extreme poverty, and although slavery, in a

certain form and to a certain extent has existed in China ever since, yet it is necessary

to observe the radical differences which separate the system of slavery in vogue in

China from that of the West. To understand, however, the exact position which

the slave occupies in the social organism of China, we must first of all observe the point

at which social life in China has arrived in its process of evolution from barbarism .

The stage which China two thousand years ago reached in the history of its social

and political development, and in which it has on the whole remained ever since,

through its inveterate habit of looking to the past for an ideal of the present, is correctly

designated by the term " patriarchalism," though the social organism in its ceaseless

absorption of new ideas is gradually breaking through the bondage of patriarchalism

in sundry points. The main idea of Chinese patriarchalism is that the male parent,

as the patriarch of a definite family household, is the representative of the " family,"

which is the principal organized expression of the State. The supremacy of the male

parent is enhanced by the necessity of continued sacrifices to the spirits of deceased

ancestors. There lies therefore at the bottom of this system of patriarchalism the

political necessity of a unitary household, as the substratum of the State, and the

religious necessity of a positive central authority for sacred rites. The patriarch is

thus invested with a power over every member of his family, consisting of one or more

wives, children, grandchildren, and so forth, also of hired servants and possibly slaves,

every one of whom has a fixed relation to the " family," guaranteed by the whole social

State, and all are subject to the same patria potestas. In a State thus based on

patriarchalism the idea of personal liberty, of absolute rights possessed by every

individual, as conceived by the civilization of the West, has no apparent room, although

it is contained in it, as the leaf is contained in the plant at every stage of its growth.

Nor is there any room for that absolute slavery which for so many centuries disfigured

Western civilization . Every member of the family or household, the wife, the concubine,

the child, the servant, the slave, merges his or her individual existence in the " family,'

99

which is legally the only " person existing in China . The Chinese mind cannot

comprehend any basis for individual relations apart from the relations of the family.

Yet each individual has a definite place as a person, not as a property, reserved to him

in this imperium in imperio, the empire of the pater familias, which place is guaranteed

to him and guarded by the State . None is indeed sui juris, for all are under the patria

potestas, but the latter has its fixed limits. The mother, although but a purchased

Agnate, becomes the depositary of the patria potestas with the death of the father.

The father of the family himself, although endowed with the jus vitæ necisque, is, for

every exercise of his power affecting the life of any one subject to his patria potestas,

answerable to the State . Moreover he has as many duties as he has rights . He is

solidarily responsible for any crime committed by any member, servant, or slave of

his family, whereby crime becomes a corporate act ; and the extent of moral responsibility

thus laid upon the house-father, a serious burden . In a family thus constituted none

can be free, but at the same time the bondage under which all are, in their several

ways, is not a mark of tyranny, but of religious unity, a bond of equality and mutual

regard.

It must be clearly understood, however, that the " family," which thus forms the

unit of the Chinese system of patriarchalism, is not what we understand to be a family,

but, strictly speaking, one of those legal fictions with which the Chinese social system,

like every other archaic organisin, abounds. The Chinese family really means the

circle of those who are under one and the same patria potestas, whether they came

under this power by procreation, by agnation, by adoption, or by gift or purchase.

Such a (6 family " may be a combination of many households, of brothers and their

descendants in two or more generations, not necessarily dining at the same table, not

necessarily tilling the same fields, but necessarily held together by common subjection

to the same patria potestas, and the common use of the same ancestral hall, with the

common worship of the same oldest ancestral tablet . This explains the common

occurrence in our Law Courts of half a dozen men acknowledging each to be the son

of a different father, yet persisting in calling themselves brothers. The purchased

slave, the hired domestic, the wife, are as truly related to the head of such a family as

the latter's own son. The son differs from the family slave only by the nearer chance

he has of wielding some day himself the patria potestas. It seems strange to us,

brought up as we are in the ideas of cognate relationship, but it is nevertheless a fact,

that simple purchase and adoption-which latter is invariably a money bargain- should

constitute kinship, so much so that law and custom make no distinction whatever

between adoptive and real connection, and that the purchased slave enters into the circle

52

of relationship in the family. Few foreigners have comprehended the extent of social

equality which this conception of the family practically engenders. The amount of

influence which woman, bought and sold as she is, really has in China, and there within

her proper sphere , within the family, is little understood. The depth of domestic affection ,

of filial piety, of paternal care, which is ingrained in every member of this colossal aggre-

gation of families called China, has never been fathomed yet, and is almost unintelligible to

the members of modern European Societies, which, in their haste to constitute a social order

in which every personal relation shall be based on the free and intelligent agreement of

individuals, almost forget that they are building up the rights of the individual on the ruins

of the family, and developing social equality and individual liberty at the expense of

domestic affections and filial piety. Who would glibly decide that this modern intellectual

individualism of the West, with all the development it has wrought in science and

mechanics, is an undoubted advance upon the filial piety and intuitive faith of Chinese

patriarchalism ?

Having thus a definite place within the pale of the family, and thereby secured against

being converted into a mere chattelhood, though subject to a patria potestas which is

shared in by every other member of the family, the Chinese family-slave has not a

position peculiarly galling. His master is of the same blood with him. Slavery in

China is not an incident of race as in the West, but an accident of misfortune. The

master knows that any turn of fortune may reduce him to the position of a slave.

The slave knows that his master, though he be the highest official in the Empire, is

under the same patria potestas in relation to the Emperor in which he, the slave, stands

in relation to his master. There is really little in the position of a Chinese family -slave

which allows a close comparison with the condition of a slave under the Roman Law, or

of a negro in the hands of his West Indian or American master. Considering that the

legal definition of the term slavery ( see Wharton, Law Lexicon, London, 1872,) is

" that civil relation in which one man has absolute power over the life, fortune, and

" liberty of another," the question arises, can such a position as that occupied by the

Chinese slave be seriously called slavery, in the legal acceptation of the term, or is it not

rather the position of a bond- servant than a slave that he occupies ?

To answer this question, it is necessary to define exactly who are slaves in China,

how such slavery arises or perpetuates itself, and then place side by side with it the

existing system of domestic servitude as it practically obtains in China.

The only classes of persons in China answering to some extent the afore-mentioned

legal definition of the term " slavery " are convicts, eunuchs , and persons who sold them .

selves into or were born in hereditary family-slavery. Chinese convicts, as also occa-

sionally prisoners of war, are sometimes attached, in the position of slaves, to military

stations on the frontier, or presented to military officers on the frontier as domestic

slaves. They are treated as outlaws, but may not be killed with impunity. Most of

them eventually become permanent settlers, and have their liberty restored to them, or

they may be pardoned and return as free men to their families . Female convicts also

are occasionally sold into domestic slavery in official families. But if such a female

slave is given in marriage, she becomes free ; and if she bears a son to a free man,

whether as wife or concubine, that son may succeed to his father's property. As to

eunuchs, who are principally employed in the Imperial Palace, or in the palaces of the

Princes , who are by law bound to keep and supply eunuchs, they are either provided

by parents who have their children made eunuclis to secure to them the easy life in the

harem, or they are persons who for some reason or other submitted to the same operation,

or they are the sons of rebels who were made eunuchs by order of the Government.

These eunuchs, though the victims of a barbarous custom, are not outside the pale of the

family, and occupy a fixed position in it guaranteed by the law. As to private or ordinary

domestic slaves , not being convicts, it must be understood, in the first instance, that no

free parent can sell his children into hereditary slavery. The law, whilst recognizing and

legalizing hereditary slavery, severely punishes any tendency to mix the once existing

social ranks. Hereditary slaves, therefore, if not convicts, are either born in hereditary

slavery, or they are persons who deliberately sold themselves into such slavery by stress

of poverty, or with a view to gain the protection of a wealthy family. Such a sale must

be the free and voluntary act of the individual, must have the sanction of him who wields

the patria potestas over the individual, and the deed must be approved, stamped, and

registered in a public Court. The owner of such a slave is bound by custom to provide

him with a wife, and the descendants of such a marriage are then hereditary slaves.

This form of slavery is comparatively rare in the Canton Province, where it occurs

only in connection with very wealthy families, but is said to obtain to some extent among

the so-called Tán- Ká or boat population of Canton, many of these families being in the

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relation of hereditary slaves to wealthy Cantonese clans, under whose protection they

live, and to whom they pay portion of their earnings . There is , however, nothing in his

outward appearance or condition to distinguish such a slave from a free person. Although

I spent the greater portion of fifteen years in some inland districts of the Canton Pro-

vince, I have never to my knowledge seen such an hereditary slave. I am told that

generally only the nearest acquaintances know a slave to be such, and that the only

outward distinction of an hereditary slave is the rule made by custom, that on New

Year's Day, when even the poorest free man, who goes about barefoot all the year

through, dons shoes and stockings, the slave has to wear wooden clogs. I am sure there

is not one such hereditary slave in Hong Kong. But suppose one came here, and were

told that he is entirely free on British soil, it would make no difference to him whatever ;

for he looks upon his master as a refuge to fall back upon in case of sickness, and

anyhow he treats his relation to his master as a family relation, and views his adherence

to it as a matter of honour. Besides, any such slave has always a chance of purchasing

his freedom, and if once affranchised his descendants in the third generation can compete

for official honours. This system of slavery, whilst comparatively rare in the Canton

Province, is more frequently practised in the Fohkien Province, where by custom the

third generation of an hereditary slave regains freedom. But the principal seat of this

slavery is in the agrarian districts of Shantung, and most especially in the Hwui-chau,

Ning-kwoh, and Ch'i- chou Prefectures of the Ngan-hwui Province. It is also said to

exist to a large extent among the fishermen of the Cheh-kiang Province. But in all

these cases the slave is a member of the family to which he belongs, which is answerable

for his life to the State, and the law permits all such slaves to redeem themselves by

money payment, when the contract which restores liberty to the slave is to be stamped

and recorded in Court.

Under these circumstances I have no hesitation in saying that it seems to me im-

possible to identify this curious mixture of contract service, family dependence, and

1 slavery, which characterizes the Chinese analogue of slavery with that slavery which the

history of European society evolved, and to which our law books, Acts of Parliament,

and Orders in Council refer. To deal justly with the slavery of China we ought to

invent a new name for it.

Domestic servitude occupies an entirely different position . Whilst the hereditary slave

and his immediate descendants are excluded from all competition for official honours,

domestic servitude does not imply such disability, although the law treats the domestic

servant during the term of his engagement as under the entire control - life of course

excluded -of his master, who is answerable fur his misdemeanours and involved in his

crime. In all arrangements, contracts, or deeds regarding domestic servitude there are

invariably the elements of a monetary transaction , just as in the case of deeds of adop

tion. The sale and especially the pledging of persons, whether adults or children , for

purposes of domestic servitude, is the ruling custom all over China. The law, although

sanctioning the sale of children for purposes of adoption within each clan, and even from

without, is here in advance of public opinion, as it expressly allows, by an edict of Kien

Lung ( A.D. 1788) , the sale of children only to extremely poor people in times of famine,

but forbids even in that case re-sale of a child once bought. Practically, however, the

indiscriminate sale of children for purposes of domestic servitude is not interfered with by

the law at any time. On the contrary, the advance of law over custom here indica.ed

is but slight when we consider that the law sanctions the custom of temporarily pledging

one's wife, concubine, or daughters to another family for purposes of domestic servitude.

In the latest edition of the Penal Code I find , appended to the section headed " Pledging

wives or daughters," the following note : -" This prohibition refers only to pledging, in

" return for money received, one's wife or concubine to another man whose wife or

" concubine she is to be (till redeemed) , but the practice, so extremely common at the

" present day, of poor people pledging, for money received, their wives or daughters to

" others for purposes of domestic servitude is not included under this prohibition. " A

male domestic may either himself make the contract with his employer which binds him

to the latter for a number of years, or the domestic may have been handed over by his

parents to the master, who pays the parents, may be a sum in advance, so to say, of the

wages to be carned . The same is the case with grown-up or elderly female domestics.

But the largest majority of all female domestics in China are young girls of more or less

tender age, most of whom enter upon their domestic servitude when four or five years

old. The reason for this immense demand for young female domestics lies in the system

of polygamy which obtains all over the empire, and which has a religious basis. A son

being required to continue the family sacrifices, any one whose first wife proves childless

will consider it his religious duty either to adopt a son or to take a second or third or

51

fourth wife until he procures a son. To die without a son is considered a heinous sin

against one's ancestors. But in a family consisting of several wives there is no room for

the sort of servant girl to which Western nations are accustomed . As eunuchs are

forbidden to all families below the rank of a prince, the custom of purchasing young

girls for the performance of the lighter domestic duties became the general practice of

all well-to-do families since time immemorial . Such girls may either be pledged by their

parents for a certain time, or sold for good. When only pledged, the case is generally

this :-A family, being in urgent distress, and requiring immediately a certain sum of

money, take one of their female children , say five years old, who has been sufficiently

impressed with the misery at home, to a wealthy family, where the child becomes a

member of the family, and has perhaps to look after a baby. The father receives a

small lorn on the security of this child, and when that loan is repaid with interest, the

child returns to her father's family, to remain there till in the ordinary course she is sold

as a betrothed wife, or, as we call it , married . But the child may be sold out and out.

In that case invariably a deed is drawn up, called by a common legal fiction " a deed of

gift." A sum of money is paid, and the child becomes the domestic servant of the

family, and is as entirely under the patria potestas of the head of that family as if she

were a slave, with the exception that an all- powerful custom requires the master to find

a husband for his servant girl when she is of age ; and the moment she is married she is

as free for ever as any married woman can be, and no touch of servitude clings to her

descendants . Considering the deep hold which this system has on the Chinese people,

it is not to be wondered at that Chinese can scarcely comprehend how an English judge

could come to designate this species of domestic servitude by the name " slavery." Onthe

contrary, intelligent Chinese look upon this system as the necessary and indispensable

complement of polygamy, as an excellent counter remedy for the deplorably wide-spread

system of infanticide, and as the natural consequence of the chronic occurrence of

famines, inundations , and rebellions in an overpopulated country . But the abuses to

which this system of buying and selling female children is liable in the hands of

unscrupulous parents and buyers, and the support it lends to public prostitution , are too

patent facts to require pointing out.

This system of domestic servitude is very common in Hong Kong among well- to -do

Cantonese, less common among the Fohkien people, and comparatively rare among the

Hakkas. The reason is that early betrothals and early marriages are common among

both the Fohkienese, and especially among the Hakkas, who have, moreover, the custom

of sending the betrothed, as soon as she is able to walk, say when three or four years

old, to the family of her future husband , where she remains till her marriage, and has

exactly the same position and performs the same duties which the purchased servant girl

is required for in a Cantonese family. I must mention, however, by way of explanation,

that polygamy is also comparatively rare among the Hakkas.

To foreigners of course it seems very unnatural that children should be sold into

domestic servitude. But the Chinaman sees nothing unnatural in it, because almost !

every social arrangement in. China, betrothal, marriage, concubinage, adoption, servitude ,

is professedly based on a money bargain. The roots of this whole system of slavery and

servitude are inseverably interlaced not only with the general social organism but with

the national character of the Chinese . The British soldier who takes his shilling may be

said to have sold himself into slavery. The British sailor, after signing the articles,

may virtually be a slave for a period . But these forms of servitude, created by an Act

of Parliament, can be swept away entirely by another Act of Parliament. They are not

bound up with the social organism, and have no root in the national character. But the

slavery and domestic servitude of China are institutions which nothing short of the

general dissolution of the whole social system of patriarchalism can possibly remove, for

they are ingrained in the very blood and brain of China.

To understand the social bearings of domestic servitude as it obtains in Hong Kong , it

must be observed that although the Chinese residents of Hong Kong are under British

rule and live in close proximity to English social life, there has always been an impassable

gulf between respectable English and Chinese society in Hong Kong. The two forms

of social life have exercised a certain influence upon each other, but the result now

visible is, that while Chinese social life has remained exactly what it is on the mainland

of China, the social life of many foreigners in Hong Kong has comparatively degenerated,

and not only accommodated itself in certain respects to habits peculiar to the system of

patriarchalism, but caused a certain disrespectable but small class of Chinese to enter

into a social alliance with foreigners, which, while detaching them from the restraining

influence of the custom and public opinion of Chinese society, left them uninfluenced by

the moral powers of foreign civilization.

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This exceptional class of Chinese residents here in Hong Kong consists principally of

the women known in Hong Kong by the popular nickname " hám-shui-múi ” (lit. salt

water girls) , applied to these members of the so-called Tán-ká or boat population, the

Pariahs of Cantonesc society. These Tán-ká people of the Canton river are the

descendants of a tribe of aborigines pushed by advancing Chinese civilization to live on

boats on the Canton river, being for centuries forbidden by law to live on shore. The

Emperor Yung Ching (A.D. 1730) allowed them to settle in villages in the immediate

proximity of the river, but they were left by him, and remain to the present day excluded

from competition for official honours, whilst custom forbids them to intermarry with the

rest of the people. These Tán-ká people were the secret but trusty allies of foreigners

from the time of the East India Company to the present day. They furnished pilots and

supplies of provisions to British men-of-war and troop ships when doing so was by the

Chinese Government declared treason, unsparingly visited with capital punishment.

They invaded Hong Kong the moment the Colony was opened, and have ever since

maintained here a monopoly, so to say, of the supply of Chinese pilots and ships' crews,

of the fish trade, the cattle trade, and especially of the trade in women for the supply of

foreigners and of brothels patronized by foreigners . Almost every so-called " protected

woman," i.e. kept mistress of foreigners here, belongs to this Tán-ká tribe, looked down

upon and kept at a distance by all the other Chinese classes. It is among these Tán- ká

women, and especially under the protection of those " protected " Tán-ká women, that

private prostitution and the sale of girls for purposes of concubinage flourishes, being

looked upon by them as their legitimate profession . Consequently, almost every

protected woman " keeps a nursery of purchased children or a few servant girls who

are being reared with a view to their eventual disposal, according to their personal

qualifications , either among foreigners here as kept women , or among Chinese residents

as their concubines, or to be sold for export to Singapore, San Francisco, or Australia.

Those protected women, moreover, generally act as protectors each to a few other Tán-ká

women who live by sly prostitution . The latter, again, used to be preyed upon- till

quite recently His Excellency Governor Hennessy stopped this fiendish practice-by

informers paid with Government money, who would first debauch such women and then

turn round against them charging them before the magistrate as keepers of unlicensed

brothels, in which case a heavy fine would be inflicted, to pay which these women used

to sell their own children, or sell themselves into bondage worse than slavery, to the

keepers of the brothels licensed by Government. Whenever a sly brothel was broken

up these keepers would crowd the shroff's office of the police court or the visiting room

of the Government Lock Hospital to drive their heartless bargains, which were invariably

enforced with the weighty support of the Inspectors of brothels appointed by Government

under the Contagious Diseases Ordinance. The more this Ordinance was enforced the

more of this buying and selling of human flesh went on at the very doors of Government

offices.

It is amongst these outcasts of Chinese society that the worst abuses of the Chinese

system of domestic servitude exist, because that system is here unrestraired by the

powers of traditional custom or popular opinion. This class of people, mustering perhaps

here in Hong Kong not more than 2,000 persons, are entirely beyond the argument

of this essay. They form a class of their own, readily recognised at a glance. They

are disowned by Chinese society, whilst they are but parasites on foreign society. The

system of buying and selling female children and of domestic servitude with which they

must be identified is so glaring an abuse of legitimate Chinese domestic servitude that

it calls for corrective measures entirely apart from any considerations connected with the

general body of Chinese society.

As regards the peculiarly patriarchal features of the general body of Chinese society

in Hong Kong no interference has hitherto been ventured upon either by the Legislature

or by the Executive, whilst the common law of England proved utterly inapplicable to

the peculiar social systems of the Chinese living here. That prominent feature of

patriarchal society, that fountain source of female domestic servitude, polygamy, has

never yet been interfered with by the Executive. Even monogamic marriage is neither

registered nor recognized by the English courts of Hong Kong as distinct from con-

cubinage in the case of Chinese non-christian families. Although a local Marriage

Ordinance has been passed which applies to the 1,500 Chinese Christians in Hong Kong,

it does not apply to one of the 134,000 non- christian Chinese residents here. Under

these circumstances it seems to me inconsistent to single out the peculiar form of

legitimate female domestic servitude practised by the Chinese here in accordance with

the time-honoured custom of their native country, the frontiers of which are conterminous

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with those of Hong Kong. Hong Kong is indeed but a dot in the ocean, but the

Chinese social life of Hong Kong is also but a dot in the ocean of that vast social life

which covers a country peopled by 400,000,000 of people. Whilst having no social

intercourse with the foreigners of Hong Kong, the pulse of Chinese social life in Hong

Kong beats in unison with that of patriarchal China, and its arteries are constantly

supplied with new life blood from the same source.

It is one of the lessons which modern sociology has taught, that police prosecutions

or legislative enactments must of necessity prove inefficient when intended to cope with

any deep-seated social custom, because social reforms cannot be effected by any means

except by the accumulated effects of habit on character. I have no doubt whatever

that, apart from the abuses which naturally attach to every social custom like that of

domestic servitude, any direct interference with the system itself on the part of the

Executive or Legislature would do more harm than good . The domestic servant girls

of Hong Kong know that they are free . If badly treated they have no hesitation in

applying to the police, and bringing a charge of assault against master or mistress.

But suppose the police were instructed that every Chinese house-father who has in his

family a purchased servant girl should be dragged into the police court and punished,

the consequence would be, in the first instance, that every well -to-do house-father would

send his family over to the mainland to reside there, and, in the second instance , all

worthless servant girls would be thrown upon the hands of the Government. Homes

would have to be built for them, work would have to be provided for them, yet Chinese

social custom would in secret retain its habit of domestic servitude quietly as before,

under another name perhaps, but side by side with the share which the Government, in

dealing with all the homeless servant girls thrown upon its hands, would have to take in

it. I cannot imagine what permanent good could reasonably be expected to result from

such direct interference .

It will be seen from the above that, peculiar as Roman and American slavery was,

Chinese slavery and Chinese domestic servitude have some essentially different features

entirely their own . It should be noted , moreover, that whilst the slavery of Europe

and America was such that the moral sense at all times revolted from it, and constantly

required to be pacified by new modes of justification, Chinese slavery and Chinese

domestic servitude never required any special pleading to justify it before the tribunal of

natural law or moral sense. Indeed, the moment we examine closely into Chinese

slavery and servitude from the stand- point of history and sociology, we find that slavery

and servitude have, with the exception of the system of cunuchs , lost all barbaric and

revolting features, and are but the natural phenomena of a social organism held in the

bondage of patriarchalism . As this organism has had its certain natural evolution , it will

as certainly undergo in due time a natural dissolution , which in fact has in more than

one point already set in . But no legislative or executive measures taken in Hong Kong

will hasten this process , which follows its own course and its own laws laid down by a

wise Providence which happily overrules for the good all that is evil in this world .

To sum up this somewhat too elaborate argument, and to point its conclusions with

special reference to the question of Chinese domestic servitude in Hong Kong, as

practised by the general body of the Chinese inhabitants , I venture to say that the fore-

going essay, if it proves anything at all, proves the truth of the following propositions :

1. Chinese domestic servitude is so peculiar, and differs so widely in its essential

characteristics from negro slavery, that it cannot be logically brought under the provisions

of any English enactment regarding that form of slavery. Police prosecution of Chinese

domestic servitude under any law made with reference to negro slavery would therefore

constitute an act of very doubtful legality.

2. Chinese domestic servitude appears to be a low form of social development when

judged by the advanced standard of European civilization, but when judged by the

relative standard of Chinese civilization, founded on entirely different principles, it has

its legitimation as the best possible form of social development under the circumstances.

Absolute condemnation of Chinese domestic servitude would therefore be an act of moral

injustice.

3. Chinese domestic servitude is not an excrescence on but a necessary part of the

patriarchal order of things which characterises the social life of the Chinese residents of

Hong Kong. To prohibit Chinese domestic servitude in toto would therefore constitute

an act of violence, as striking at the very roots of the social organism, the results of

which would in all probability be harmful to the Chinese and embarrassing to the

Government.

0

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4. Chinese domestic servitude, hitherto upheld in Hong Kong by the conservative

tendencies of the patriarchal organism in China, is bound by the laws of nature to yield

eventually to the progressive tendencies of modern society. Undue interference with

this process would therefore be an act of injudicious intolerance.

Hong Kong, E. J. EITEL .

25th October 1879.

No. 2

FOREIGN OFFICE to COLONIAL OFFICE.

SIR , Foreign Office, April 30, 1880.

I AM directed by the Secretary of State for Foreign Affairs to transmit to you a

copy of a Despatch from Her Majesty's Minister at Washington , enclosing a printed copy

of a message sent by the President of the United States to the House of Representatives on

the 12th ultimo, relating to slavery in China ; and I am to request that in laying these

papers before the Secretary of State for the Colonies you will draw his attention to the

reports of Mr. Bailey, the United States Consul General at Shanghai, in which it is

alleged that slavery exists in the Colony of Hong Kong .

I am, &c.

The Under Secretary of State, (Signed) T. V. LISTER.

Colonial Office.

Enclosure 1 in No. 2.

MY LORD, Washington, April 12 , 1880 .

I HAVE the honour to transmit herewith printed copies of a message which was

sent to the House of Representatives by the President, on the 12th ultimo, relating to

the existence of slavery in China, and to portions of the Chinese Penal Code concerning

expatriation.

A letter from Mr. Evarts to the President encloses copy of a letter from Mr. David

H. Bailey, United States Consul General at Shanghai , transmitting a report upon the

system of slavery prevailing in China, and giving extracts from the Chinese Penal Code

laying down the punishments inflicted upon slaves for certain offences .

Mr. Bailey includes in his Report some observations with regard to the existence of

slavery among the Chinese in the British Colony of Hong Kong, and in another letter

transmits a number of documents showing its continued existence in that Colony,

notwithstanding the efforts of the British authorities to abolish it.

In a recent debate in the House of Representatives upon a Bill for restricting Chinese

immigration into this country, Mr. Berry, a member from California, largely quoted

Mr. Bailey's Report, and made use of the argument that, if the British authorities had

not been able to prevent slavery from being practised in Hong Kong, there would be

great danger that, if an unlimited immigration of Chinese were allowed, it would be

followed by the prevalence of the same system of slavery in this country.

Mr. Bailey also gives in the enclosed Report an extract from the Chinese Penal

Code, laying down the penalties consequent upon the renunciation of allegiance ;

but Mr. Yung Wing, Chinese Minister to the United States, in a note to Mr. Evarts,

states that the section of the Penal Code quoted by Mr. Bailey refers only to cases

where conspiracies and overt acts of rebellion against the Government follow the

renunciation of allegiance, and not to emigration sanctioned by foreign treaties, which is

taken out of the category of treasonable acts, and is therefore beyond the scope of the

section in question .

I have, & c .

The Marquis of Salisbury, K.G.. (Signed) EDWARD THORNTON.

&c. &c. & c.

Q 2893.

58

Enclosure 2 in No. 2.

EXPATRIATION AND SLAVERY IN CHINA.

MESSAGE from the PRESIDENT of the UNITED STATES, transmitting, in response to a

resolution of the House of Representatives, reports from the Secretary of State

in relation to slavery in China, and portions of the Penal Code concerning

expatriation .

March 12, 1880. - Referred to the Committee on Education and Labor,

and ordered to be printed.

Executive Mansion,

To the House of Representatives : March 11 , 1880.

I TRANSMIT herewith a Report, dated the 9th instant, from the Secretary of

State, with the accompanying papers, in answer to the resolution of the House of

Representatives of the 25th ultimo, requesting the President to transmit to that

body, if not deemed incompatible with the public interests, copies of such despatches

as have recently been received by the Secretary of State from the Consul- General at

Shanghai upon the subject of slavery in China, and those portions of the Penal Code

of China which forbid expatriation.

R. B. HAYES.

Department of State,

To the President : Washington, March 9, 1880.

THE Secretary of State, to whom was referred the resolution of the House of

Representatives of the 25th ultimo, requesting the President to transmit to that body,

if not deemed by him incompatible with the public interests, copies of such despatches

as have recently been received by the Secretary of State from the Consul- General at

Shanghai upon the subject of slavery in China, and those portions of the Penal Code

of China which forbid expatriation, has the honor to submit herewith the papers called

for by the resolution. In connection therewith there is also transmitted a copy of the

recent correspondence with the legation of China in this city in reference to the pro-

visions of section cclv. of the Penal Code as affecting emigration and the renunciation

of allegiance .

WM. M. EVarts.

Papers transmitted .

Mr. Baily to Mr. Payson , dated October 22, 1879. Mr. Bailey to Mr. Payson , dated

October 21 , 1879. Mr. Bailey to Mr. Payson , dated December 2, 1879. Mr. Evarts to

Mr. Yung Wing, February 17, 1880. Mr. Yung Wing to Mr. Evarts, March 2 , 1880 .

Mr. BAILEY to Mr. PAYSON.

(Received November 29, 1879. )

United States Consulate General,

SIR, Shanghai, October 22 , 1879.

I HAVE the honor to enclose a report I have thought fit to make upon the subject

of slavery in China, with enclosures containing extracts relating to the Chinese law of

slavery as translated by Sir George Thomas Staunton . His translation is , I believe ,

the only one extant and accepted by Chinese scholars as accurate and trustworthy.

I am under great obligations to Dr. H. Latham , of this office, for his valuable assistance

and research upon the subject of this Despatch.

If Chinese emigration to the United States is to continue and increase with slavery

or quasi slavery , and concubinage, inbred and permeating its every feature and organiza-

tion , so that they may be said to be an indissoluble part of its present system, is it not

a subject to which American statesmen should turn their attention with some degree

of anxiety ?

Is not this Chinese system of concubinage which is now being introduced into

America through Chinese emigration but a twin sister of polygamy, that other " relic

of barbarism " now so firmly rooted in the heart of the American continent, and toward

the extermination of which the Government is now bending its energies ?

I have, & c. ,

Hon. Chas . Payson, DAVID H. BAILEY,

Third Assistant Secretary of State, Consul General.

Washington, D.C.

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United States Consulate General,

Shanghai, China, October 22, 1879.

SLAVERY IN CHINA.

That slavery exists in China is known to every one who is at all familiar with the

institutions of this empire .

All of the prominent writers upon China and the Chinese, from the time of Marco

Polo to the present, mention slavery, but no one of them, so far as I know, gives its

legal or social status, or attempts to give any idea of the extent to which it prevails.

1 In view of the fact that China, with her vast population, is assuming more intimate

relations with the rest of the world, and in view of the increasing number of her people

who are now going out into other countries, and of the swarms that may go in the

future seeking labor, carrying with them their civilization and its institutions, I have

thought this subject of sufficient importance to the people and the Government of the

United States to warrant its thorough investigation , and a report thereupon to the

Department.

HISTORY OF CHINESE SLAVERY .

Slavery existed in the earliest period of Chinese history, but there, as in foreign works

on China, nothing is said as to its origin or development.

It may have originated here, as with all people in their primitive stages, in subju-

gation and conquest, or it may have sprung entirely from the organization of the Chinese

family.

This patriarchal family system gives the head of the family absolute power over

every member. It makes him the arbiter of the liberty and lives of all its members .

He may chastise, mortgage, sell , or even kill any or all of them.

The maxim is that " as the Emperor should have the care of a father for his people,

" a father should have the power of a sovereign over his family." ( Davis, " The Chinese,"

vol. 1 , page 288.)

To fully understand this maxim it must be borne in mind that the Chinese idea of a

sovereign is that of an absolute one, with no limit or restraint to his acts but the bounds

of human endurance .

V. Möllendorf, in an essay on Chinese Family Law, page 18, says :-

" As was the rule according to the Roman law of the time before Justinian, all persons

who depend on a pater familias, either grandfather, father, uncle, mother, or husband,

stand in China under patria potestas ; such persons are therefore either the wives and

daughters or more distant descendants on the male line.

" The patria potestas is the same as the domini potestas, the power of the master over

his slaves according to the ancient Roman law. The patria potestas over children,

whether legitimate or adopted , is unlimited.

" The father can do with them as he likes ; he may not only chastise, but even sell,

expose, or kill them."

The absolute power of the head of the family is therefore such that it amounts to

slavery.

It has become a custom for the poor to mortgage or sell their children to the rich,

conditionally or absolutely, in great numbers, under this law.

According to its nature the datio in adoptionem is, properly speaking, a sale (venditio)

to which only the consent of the pater familias is required." ( See V. Möllendorf's

Family Law of the Chinese, page 22.)

This is the testimony of nearly all those who have written of China. Van Möllendorf,

quoted above, says that E. H. Parker, of the British consular service , estimates that

50 per cent. of all families in China have children that have been acquired from other

families by adoption, or, to designate it more specifically, by purchase.

" As the adoption of children, and the purchase of inferior wives or concubines, is a

transaction of constant occurrence , and one in which the real parents lawfully may

and usually do receive a pecuniary consideration, it can scarcely be denied that the

sale of children in China is practically allowed ." (Note in section cclxxv., Staunton. )

The title of property in these children is contained in a bill of sale duly signed and

sealed, and in which the same term is used as in the purchase of horses, cows, or any

other species of property .

" The Chinese use the same term to indicate the sale and the purchase of children

and wives that they use when speaking of the sale and purchase of land, cattle, or

any description of property." (Doolittle's Social Life Among the Chinese, vol. 1 ,

page 209.)

60

I am inclined to believe that although the origin of Chinese slavery may have been

by capture in war, the same as in all barbarous ages of races of people , it owes its

existence and character, at the present time, to this patriarchal family system . But for

this, as the race advanced in civilization, and wars ceased, and the arts of peace were

cultivated, and laws for the preservation of life, property, and the rights of the

individual subject were framed, slavery, as originated by capture, must have died out.

Dr. Williams, in the " Middle Kingdom," in vol . 1 , pages 296, 297, and 298, shows

the extent and power of these patriarchal institutions of China, and by what influences

of the State and of education they have been perpetuated and strengthened.

Under this absolute Family Law, where a country is over- populated, and where the

imperative demands of consumption press the possibilities of production to the extreme,

where large masses of the people are but a step from starvation , and where there is

such a great difference in the conditions of classes of people, the necessities of the poor

and the inclinations of the rich would make the absolute and conditional sale of people

not only possible but probable : in fact, such is the daily result.

I may here quote Du Holde, vol. 1 , page 277, where he says :-

" Misery produces a prodigious multitude of slaves , or rather persons who mortgage

themselves with a condition of redemption -a thing very common with the Chinese-

for among the Tartars they are truly slaves.

" A great number of men and maid servants are so bound in a family, though there

are some to whom they give wages as in Europe .

" A man sometimes sells his son, and even himself and his wife , at a very moderate

price ; but, if he can, he chooses to pawn his family only. It often happens that a

great Tartarian mandarin or Chinese tartarized (that is, listed under Tartar banner) ,

who has a parcel of slaves for his servants, is himself a slave to some court-lord, to

whom from time to time he makes a present of considerable sums . A poor Chinese,

when he gives himself to a Tartarian prince, if he has merit, may hope to be a great

mandarin very soon ; but this is not so common under the present dynasty as formerly.

If he be deprived of his office he returns to his master to serve in certain honorable

functions.

" When rich folks marry their daughters they give them several families of slaves in

proportion to their wealth."

The head of the family may justify the absolute sale of a member by the fact that

the person, as the well-fed and clothed slave of a rich family, is better off than as a free-

man, where he daily feels the gnawings of hunger and shiverings of cold for want of the

commonest food and clothing.

Whatever may be the justification sought for by the individual parties to such sales

and purchases, and by a Government which allows such practices, the facts are that,

so far as all history goes, slavery by sale and mortgage has always existed and now

exists in all parts of China.

CHARACTER OF CHINESE SLAVERY.

There are four distinct classes of slaves :-

1. Slaves of the Imperial household .

2. Concubines .

3. Slaves held for labor.

4. Slaves held for purposes of prostitution.

The persons of the first class are eunuchs, and used exclusively in the Imperial

families. It is prohibited by law for any other persons to buy, rear, or use this class

of persons .

Section 379 of the Penal Code of China, as translated by Sir George Thomas Staunton,

reads :

"No private individual, nor any officer of Government, excepting only the princes of

the Imperial family, shall presume to educate castrated children in order to their being

employed as eunuchs in their domestic establishments. Every breach of this law shall

be punished with 100 blows, and perpetual banishment to the distance of 3,000 li ; and

the castrated children shall be sent back to the families whence they were taken or to

which they belonged ."

Mr. Steut of the Imperial Customs service, who has resided in Peking for some years ,

in a paper on eunuchs, read before the Asiatic Society in 1877 , gives an account of this

class :-

" In China, as elsewhere, eunuchs are in general made in order to qualify them to

act as palace servants, and occasionally as palace executioners. They may be kept

only by certain members of the Imperial family, and in the palaces of the eight here-

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ditary princes whose ancestors assisted in establishing the present dynasty. The

Emperor has 3,000 in his service, exclusive of 18 castrated lamas , who act as domestic

chaplains. Each prince of the blood and Imperial princess is obliged to maintain 30,

and so on through the different grades, the number diminishing as the distance from the

head of the reigning house increases.

Every fifth year each prince supplies eight young eunuchs for the palace, but as this

contribution does not by any means meet the demand, the general public is called on

to send in adults or adolescents as candidates for the painfully-acquired honor of palace

employment. As a matter of fact, there is no dearth of persons willing to submit to

castration. Boys are compelled by their parents to offer themselves , while, as to adults,

men who are at once poor and lazy, are tempted by the certainty of an assured income,

with little or nothing to do for it, and men with a peculiar form of ambition are seduced

by the mystery and importance of the duties supposed to be confined to eunuchs.

" Thus it happens that at the present moment some of the eunuchs in Peking have

wives and families. But when a eunuch dies, he is buried, not with his family, whether

he has one of his own or not, but in a place specially set apart, whither, every spring

and autumn, a body of eunuchs repairs to offer those sacrifices which, in the ordinary

course of life, are offered by children to the manes of their fathers ."

In former times this class was an important class of persons. They had a large part

in the control of the Government. Under some of the emperors they had the entire

control of affairs. They formed conspiracies for the assassination of ministers, heirs to

the throne, and even of emperors, which were sometimes successful . Under the Tartar

rule, however, they have not been able to exercise much influence, but, from their

positions within the imperial palaces, they may at any time be the cause of important

changes .

The second class - Concubines.-This is a numerous class ; every man who is able to

buy and maintain them has one or more concubines. These are invariably the subject of

bargain and sale, and, as quoted above from Doolittle, there is a regular bill of sale

given, and the term " sale is used.

Davis, in " The Chinese, " vol. I., page 288, says :-

" A man is even able to sell his children for slaves, as appears from constant practice .

How completely the children of concubines pertain to the lawful wife is proved by this

1 passage in the drama of An heir in old age,' where, in addressing his wife, the old

man says, ' Seaon-mei is now pregnant ; whether she produces a boy or a girl, the same

will be your property ; you may then hire out her services or sell her, as it best

pleases you. ' The handmaids are in fact only domestic slaves."

The buying of young girls of poor people, and rearing and educating them to be sold

as concubines, is an extensive business.

The cities of Yangchow and Suchow are famous for furnishing great numbers of

concubines, for which purpose they bring up good handsome young girls, whom they

.

buy up elsewhere ; teaching them to sing, to play on music, and, in short, all sorts of

accomplishments belonging to young gentlewomen, with a view to disposing of them at

a good price to some rich mandarin. (Du Holde, vol. 1. , page 305. ) A concubine is

always a subject for sale or hire, with the exception, however, that if the original bill

of sale stipulated that she is sold only to be used as a concubine, she cannot be sold to

be a labor slave or to be a prostitute.

She has no voice in the management of the house ; she cannot control her own

children ; she is not only a slave to the passions of her master, but she is a slave to the

envy, jealousy, and hatred of the wife of the master.

She may be chastised by either, and may be made to do household work . This is

what she is liable to. Her ordinary lot is, however, far different. If her master is rich

she is dressed finely, loaded with jewelry, has several servants, usually . slaves , at her

service, and has a far easier life than the wife of the house.

There are no limits to the supply of female children for this purpose . The poor are

anxious that their female children, when sold, shall become concubines rather than

labor-slaves or prostitutes . This desire, no doubt, arises in part from the natural

parental solicitude that their offspring may be happy and prosperous, but in part also

from the fact that, as a concubine of a rich man, she can help her poor relatives.

The Emperor sets the example, and creates the fashion for his people in this matter.

Williams, in his " Middle Kingdom," vol. 1., page 318, says :-

" Every third year His Majesty reviews the daughters of the manchu officers , over

twelve years of age, and chooses such as he pleases for concubines . There are only

seven legal concubines, but an unlimited number of illegal ."

62

In all parts of China large numbers of the poor people either strangle, expose, or sell

their female children at birth. It is said by Doolittle, Abeel, Barrow, and Bowring

that this practice prevails to a frightful extent.

A writer in the China Review, vol . 2, page 55, July 1873-June 1874 , estimates that

of the entire number of female children born in certain provinces twenty-five per cent.

are thus disposed of. Many girls are sold at a later age when they begin to develope

uncommon beauty of features or forms.

The third class, that of general slaves, is also numerous. Wherever in the empire

there is poverty and wealth, there children are sold and bought. The females in this

class largely preponderate.

Male children cannot be so readily bought ; they are more profitable to the parents to

keep. There is a wide field of labour awaiting them at higher pay. They cost no more

to rear, and they perpetuate the family name, watch and care for the family tombs, and

burn incense and worship before the ancestral tablets.

A daughter, on the other hand, costs just as much to rear and educate as a son ; when

she marries she has to carry clothing, furniture, and presents with her, and she takes and

perpetuates the name of another clan, and worships before other ancestral tablets ;

therefore, she is not desired, and is to be gotten rid of as a burden . If there have been

three or four sons before, then a male child may be exposed or sold or given away at

birth. It is, however, in after years, when poverty has reduced the family to extreme

distress, that the sons, wives, concubines, and even the head of the family, are mortgaged

or sold. Male and female slaves labor in the fields, especially in the cotton, tea, rice,

and silk districts ; others are used in the manufacture of various goods. Large numbers

of all ages may be seen in the cities at all trades ; many are expert mechanics ; some

bound till certain debts are discharged, others for life.

I am informed by good Chinese authority that almost every house of any wealth has

|: several female slaves as house servants.

Inasmuch as the pater familias can transfer his absolute authority, "the authority of

the master over his slave," with the person, and inasmuch as the person so transferred

owes all the obedience and respect to the new pater familias that he did to the old , there

is little resistance as a slave.

In case there is, the law assists the master in enforcing obedience and respect ; and, at

the request of the master, will inflict punishment or assist in reclaiming fugitives.

There is abundant proof of this in the Penal Code of China, before quoted , viz., section

cxvi. :-

" If a female slave deserts from her master's house she shall be punished with 80 blows,

or with 100 blows if she contracts a marriage during such absence ; and in both cases

she shall be restored to her master.

"Whoever harbours a fugitive wife or slave, or marries them, knowing them to be

fugitives, shall participate equally in their punishment, except in capital cases, when the

punishment shall be reduced one degree."

The slave is bound under the severest penalties to be respectful and obedient to his

master and his family.

---

Same Code, section cccxxvii . :-

" A slave guilty of addressing abusive language to his master shall suffer death by

being strangled at the usual period . If to his master's relations in the first degree, he

shall be punished with 80 blows and two years' banishment. If to his master's relations

in the second degree, the punishment shall be 80 blows. If in the third degree, 70

blows. Ifin the fourth degree, 60 blows. In these cases, as well as in others, the

abusive language must have been heard by the person to whom it was addressed, and

such person must always be the complainant."

The master's right of property or interest in the slave seems to have been in view in

this last paragraph, as he need not complain. If the slave is valuable, and he does not

wish to lose him or his services for a time, he may, by virtue of the patria potestas,

punish him to any degree.

-

Same Code, section cccxiv. (part 8)

" The master or the relations of the master of a guilty slave may, however, chastise

such slave in any degree short of occasioning his death, without being liable to punish-

ment. Nevertheless, if a master or his aforesaid relations, in order to correct a dis-

obedient slave or hired servant, should chastise him in a lawful manner on the back of

the thighs or on the posteriors, and such slave or hired servant happen to die, or if he is

killed in any other manner accidentally, neither the master nor his aforesaid relations

shall be liable to any punishment in consequence thereof."

H

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63

The penalty for using violence to the master or his family is the severest known to the

Chinese law. The first five paragraphs of the Penal Laws in section cccxiv. read :-

:—

" 1. All slaves who are guilty of designedly striking their masters shall , without

making any distinction between principals and accessories, be beheaded .

" 2. All slaves designedly killing, or designedly striking so as to kill, their masters,

shall suffer death by a slow and painful execution .

" 3. If accidentally killing their masters, they shall suffer death by being strangled at

the usual period .

" 4. If accidentally wounding, they shall suffer 100 blows and perpetual banishment

to the distance of 3,000 li , not being allowed, as under similar circumstances in ordinary

cases, to redeem themselves from punishment by a fine.

" 5. Slaves who are guilty of striking their master's relations in the first degree, or

their master's maternal grandfather or grandmother, shall be strangled at the usual

period . If more than one are concerned , the principal shall be strangled , and the rest

suffer the punishment next in degree. All slaves who strike so as to wound such persons

shall, without distinction between principals and accessories, be beheaded at the usual

period."

""

This slow and painful execution mentioned is better known as the " slicing process

of execution, or " the 10,000 cuts." Foreigners have witnessed it, and the description is

too horrible to recite.

Several sections of the Penal Code seem intended to separate the slave and free classes

as far as possible. It provides severe penalties for inducing a free person to marry a

slave, viz. (section cxv.) :-

" If any master of a family solicits and obtains in marriage for his slave the daughter of

a freeman, he shall be punished with 80 blows. The member of the family who gives

away the female in marriage shall suffer the same punishment, if aware that the intended

husband is a slave, but not otherwise.

" A slave soliciting and obtaining a daughter of a freeman in marriage shall also be

punished in the same manner ; and if the master of the slave consents thereto, he shall

suffer punishment less by two degrees. But if he, moreover, receives such freewoman

into his family as a slave, he shall be punished with 100 blows. Likewise, whoever

falsely represents a slave to be free, and thereby procures such slave a free husband or

wife, shall suffer 90 blows. In all these cases the marriage shall be null and void,

and the parties replaced in the ranks they had respectively held in the community."

The master is protected against any breach of trust or confidence placed in the slave

as a domestic .

Section ccclxx. reads :-

" All slaves or hired servants who have been guilty of a criminal intercourse with their

master's wife or daughter shall be beheaded immediately after conviction. When guilty

of a criminal intercourse with their master's female relations in the first degree, or with

the wives of the male relations of their masters in the same degree, they shall be strangled

after remaining in prison the usual period . In the above cases the punishment of the

woman, if consenting, shall be less only by one degree. When guilty of a criminal

intercourse with their master's more distant female relations, or with the wives of his

more distant male relations, they shall be punished with 100 blows and perpetual banish-

ment to the distance of 2,000 li . If guilty of committing a rape upon the latter persons,

they shall be beheaded after remaining in prison the usual period . Except in the cases

of rape, the punishment of a criminal intercourse with any of the inferior wives shall,

generally speaking, be less than in the case of principal wives by one degree."

And section ccclxxiii. reads :-

" A slave who is in any way guilty of a criminal intercourse with the wife or daughter

of a freeman shall be punished at the least one degree more severely than a freeman

would have been under the same circumstances. On the contrary, the punishment of a

freeman for having criminal intercourse with a female slave shall be one degree less than

in ordinary cases. When both parties are slaves, the criminal intercourse shall be

punished in the same manner as in the case of free persons .

On the other hand, any offence against a slave by freemen is less severely punished

than when it is committed against free persons. Doolittle, in " A Social Life among the

Chinese," vol. II., page 211 , says :

" The descendants of slaves are admitted to literary examination, which shows that

it is not considered to be so degrading to be a slave as some other callings-that of actors,

for instance, whose descendants for four generations are not allowed that privilege."

64

The same work and volume, pages 211 and 212 , gives some prices for which persons

were sold, which came under the observation of the author : -

" The sole reason in this part of China considered sufficient to justify the sale of a

child to be the slave of another, or of a wife to be the wife of some other man, is the

excessive poverty of parents or husband , without friends able and willing to aid. The

price varies according to the age, sex, appearance of the child , the character and the age

of the wife, the dearness of provisions, &c. , from a few dollars to several tens or a hundred

or two.

" In the year 1858 a man. at Fuchow sold his wife for about $20. Another man,

about the same time, offered his only son, a bright lad of five or six years, for sale for

$16 ; he was offered $ 10 by a man who wished to adopt him for his son ; which offer he

refused . Several years since, a lad who had been attending a missionary free school in

this place (Fuchow) was sold by his mother to be a play-actor. A friend saw a girl of

about sixteen or seventeen years old, not a year ago, offered for sale for $100 by her

parents, who had brought her from her native place, some eighty or one hundred miles

to the south of this. A bright girl of about twelve years old was sold by her parents not

long ago for about forty thousand cash (840) ."

A writer in the " China Review," vol . 2, page 55, says :-

" A female infant is worth but 100 cash or 10 cents, while a healthy boy two or three

days old will fetch $15."

The fourth class- Prostitutes . — Of this class there is little to be said, as all the laws

applicable to slaves generally apply with full force to them.

They are a numerous class, and are to be found anywhere in the small country villages

as well as in the larger cities. They form no inconsiderable per cent. of the whole

population. They are all, at the commencement of their career, slaves .

They are either rescued when exposed by their poor parents at birth, or bought later

in life for the purposes of prostitution .

The law, or custom older than any existing law, permits such traffic. It only inter-

feres to prevent a girl who has been bought for a wife, concubine, or labour slave, from

being used for purposes of prostitution ; and in violation of this prohibition the number

of blows is no more than for a petty theft.

In the crowded streets of cities, and in the more thinly-settled country regions, fine-

looking female children are kidnapped and carried to distant places, and sold to be raised

for those vile purposes . Even grown women, wives and young mothers, are carried away

and sold . Persons charged with the offence of kidnapping are often before the courts .

Children are bought by members of the prostitute class, and reared with a view of

making the most money out of them. They are consequently well fed, and many of the

female accomplishments, such as vocal and instrumental music, taught them ; they are

not overworked in childhood, as that would make them coarse and masculine.

When from twelve to fourteen years of age the physical part of their occupation

commences, the moral development having been going on from infancy from their daily

surroundings . For years after the age of puberty they are a source of income to their

owners ; and when, from advancing age, they are no longer attractive, they are allowed

to emancipate themselves at a small price, and they soon manage to buy two or three

small girls and then rear them.

-

And so the system ever revolves, the bond-woman becoming free only to become the

owners ofthe bound . Although the treatment of these little children is good so far as

food and work is concerned, many of them are unmercifully beaten by their owners.

The whole system is such as to develop all the worst traits of human character ; hence it

would be difficult to imagine a more depraved and vicious class of people.

NUMBER OF SLAVES.

Class No. 1. - Eunuchs. - From the use of this class being confined to the imperial

families, it is not believed that there are more than 20,000 in the empire.

Class No. 2.- Concubines. - It is impossible to arrive at anything like an accurate

estimate of the numbers of this class, as all the men of all the classes, who are able, have

one or more concubines ; and , as they can be purchased and maintained cheaply, it is

within bounds to say that one head of a family in five practises concubinage, and a man

with moderate wealth may have two or three, or even more. I therefore conclude that

there are one-fourth as many concubines as families. If the basis of calculating the

number of families be assumed to be the same as with us, and the population estimated

at 300,000,000, there are 60,000,000 families in China. Therefore, from the above,

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65

there must be 15,000,000 concubines in the empire, all property, -bought as such, held

as such, and liable to be sold as such.

Class No. 3.- Labor slaves. —I have no figures by which to arrive at the numbers of

this class. I am compelled to rely entirely upon the opinions of the most intelligent

natives whom I can reach. They estimate that one family in five holds slaves ; and as

the richer people have several, I have concluded that the labour slaves are one-fourth as

many as the number of families, or 15,000,000 . It is very probable that those sold

permanently and those mortgaged temporarily are many more than this number.

Class No. 4. - Prostitutes. - In a recent decision of Sir John Smale , Chief Justice of

the Supreme Court of the British Colony of Hong Kong , he says that in a population of

120,000 Chinese in that Colony there are at least 10,000 slaves, and that some people

estimate the number at 20,000.

There is therefore at least one slave to every eleven freemen in that British colony in

spite of laws prohibiting slavery.

I have no other data from which to estimate the numbers of this fourth class . I am of

opinion, however, that this class considerably outnumbers the second class through the

whole empire, and, in su ming up these estimates, I conclude that in all there are from

forty to fifty million sla s of all classes in China.

The first and second classes are composed of persons of some intelligence and moral

character, judged by the Chinese standard .

The third and fourth classes are illiterate, immoral , and miserable creatures .

It would be difficult to imagine people more hopelessly situated than the 30,000,000 of

these two classes. They are so inextricably bound, that usually the only hope for release

from their misery and degradation is in death.

To recapitulate :-

1. Slavery does now and has prevailed extensively in China through her whole historic

period.

2. That the present slavery of China has grown out of the patriarchal family organiza-

tion.

3. That the law of the Chinese family gives the pater familias absolute power and

control over the members of the family.

4. That this power and authority are transferrible by mortgage or sale, and can be

exercised, when so transferred, as by the original head of the family.

5. That the slaves of China are divided into four classes, and that these four classes

comprise one-sixth of the whole population of the empire.

6. That, judging from the result of thirty-seven years' experience by the British

authorities in Hong Kong, there is vitality and strength enough in the Chinese family

law and in the system of Chinese slavery to enable them to defy foreign laws and courts

even in foreign countries.

DAVID H. BAILEY,

Consul General.

SECTION CXV.

If any master of a family solicits and obtains in marriage for his slave the daughter of

a freeman, he shall be punished with 80 blows. The member of the family who gives away

the female in marriage shall suffer the same punishment, if aware that the intended

husband is a slave, but not otherwise.

A slave soliciting and obtaining a daughter of a freeman in marriage shall also be

punished in the same manner, and if the master of the slave consents thereto he shall

suffer punishment less by two degrees ; but if he, moreover, receives such free woman

into his family as a slave, he shall be punished with 100 blows. Likewise, whoever

falsely represents a slave to be free, and thereby procures such slave a free husband or

wife, shall suffer 90 blows.

In all these cases the marriage shall be null and void , and the parties replaced in the

ranks they had respectively held in the community.

SECTION CXVI .

If a female slave deserts from her master's house, she shall be punished with 80 blows,

or with 100 blows if she contracts a marriage during such absence, and in both cases she

shall be restored to her master.

Whoever harbors a fugitive wife or slave, or marries them , knowing them to be fugitives ,

shall participate equally in their punishment, except in capital cases, when the punish-

Q 2898.

4

66

ment shall be reduced one degree. The marriage present in all such cases is forfeited to

Government.

When, however, the person harboring or marrying the fugitive is really ignorant of her

criminality, he shall not be subject to any punishment, and shall even be entitled to

demand the return of the marriage present.

SECTION CCLXXII .

If hired servants or slaves steal from their masters or from each other, the punishment

shall be one degree less severe than in ordinary cases of theft, and the thief shall not be

branded .

NOTE. -Notwithstanding the tenor of this article, it is provided in one of the supple-

mentary clauses that the punishment of slaves guilty of theft shall be at the least equal

to that of thieves in general, and one degree more severe when the offence is committed

by them in combination with strangers.

SECTION CCXCIV.

Whoever is guilty of killing his son, his grandson, or his slave , and attributing the

crime to another person, shall be punished with 70 blows and one and a half year's

banishment.

Any slave attributing, previous to burial, the death of his master to a person innocent

thereof, shall, if aware of the falsehood of the imputation, be punished with 100 blows

and three years' banishment.

SECTION CCCXIII.

A slave striking a freeman shall, proportionally to the consequences, be punished one

degree more severely than is by law provided in similar cases between equals. If the

blow produces entire disability and incurable infirmity, the offender shall be strangled .

If death ensues , the offender shall be beheaded .

A freeman striking a slave shall in like manner be punished less severely by one

degree than in the ordinary cases of the same offence ; but in the case of the death

of a slave in consequence of the injury received, and in the case of a slave having been

killed designedly, the offender shall be strangled. Slaves striking, wounding, or killing

one another shall be punished as already provided in ordinary cases between

equals .

In cases of stealing, and other similar offences, between free persons and slaves, the law

of diminution and aggravation of punishment shall not take effect.

Striking the slave of a relation in the third or fourth degree, but without producing

a cutting wound, shall not be punishable. If the blow produces any greater injury short

of occasioning death, the punishment shall be two degrees less severe than in ordinary

cases .

Striking the slave of a relation in the second degree shall be punished three degrees

less severely than in ordinary cases. If in either case the blow occasion death , the

offender shall be punished with 100 blows and three years' banishment ; if the blow prove

mortal, and has likewise been struck with an intention to kill, the offender shall suffer

death by being strangled.

In the case of killing accidentally, no punishment shall be required.

Striking the hired servant of a relation in the third degree, without producing a cutting

wound, shall not be punished.

SECTION CCCXIV.

All slaves who are guilty of designedly striking their master shall, without making any

distinction between principals and accessories, be beheaded .

2. All slaves designedly killing, or designedly striking so as to kill their masters , shall

suffer death by a slow and painful execution. If accidentally wounding, they shall

t

suffer 100 blows and perpetual banishmen to the distance of 3,000 li ; not being allowed ,

as under similar circumstances in ordinary cases, to redeem themselves from such punish-

ment by a fine.

NOTE . This part of the law denouncing punishment even in cases which are

admitted to have been purely accidental is in some degree modified in the supplemental

clauses .

Slaves who are guilty of striking their master's relations in the first degree, or their

master's maternal grandfather or grandmother, shall be strangled at the usual period.

If more than one are concerned, the principal shall be strangled, and the rest suffer the

punishment next in degree.

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67

All slaves who strike so as to wound such persons shall, without distinction between

principals and accessories , be beheaded at the usual period.

3. If accidentally killing, the punishment shall be two degrees less severe than in the

case of intentionally striking such person. If accidentally wounding, the punishment

shall be another degree less severe than in the case of intentionally striking.

All slaves who are concerned in the crime of designedly killing such person shall suffer

death by a slow and painful execution. A slave who is guilty of striking, or striking and

slightly wounding, his master's relations in the fourth degree, shall be punished with

60 blows and one year's banishment. If guilty of striking his master's relations in the

third degree, he shall be punished with 70 blows and banishment for a year and a half.

If guilty of striking his master's relations in the second degree, the punishment shall be

80 blows and two years' banishment.

4. If a slave is guilty of striking any of his master's relations in the fourth degree so

as to produce a severe cutting wound, the punishment shall be one degree more severe

than it would have been if he had so wounded a free person in ordinary cases ; in the

case of a master's relation in the third degree, two degrees more severe ; and in the case

of a master's relation in the second degree, three degrees more severe.

5. If by these augmentations the punishment in any case become capital, the offender

shall be strangled at the usual period ; but if the wound occasion death, then,

whether there was originally a design to kill or not, all the slaves concerned shall be

beheaded.

6. If in a case of a slave having been guilty of theft, adultery, or any other similar

crime, his master, or some one of his nearest relations in the first degree, or his

master's maternal grandfather or grandmother, instead of complaining to a magistrate,

privately beats to death such slave, the person who so offends shall be punished with

100 blows.

7. If any such person as aforesaid beats to death or intentionally kills a slave

belonging to his family, who has not been guilty of any crime, the person so offending

shall be punished with 60 blows and one year's banishment ; and the wife or husband

as well as the children of such deceased slave shall be thereupon entitled to their

freedom .

8. The master or relations of the master of a guilty slave may, however, chastise

such slave in any degree short of occasioning his death, without being liable to punish-

ment.

Nevertheless, if a master, or his aforesaid relations , in order to correct a disobedient

slave or hired servant, should chastise him in a lawful manner on the back of the thighs

or on the posteriors, and such slave or hired servant happen to die, or if he is killed in any

other manner accidentally, neither the master or his aforesaid relations shall be liable to

any punishment in consequence thereof.

SECTION CCCXXVII.

A slave guilty of addressing abusive language to his master shall suffer death by being

strangled at the usual period.

If guilty of addressing abusive language to his master's relations in the first degree,

he shall be punished with 80 blows and two years' banishment. If addressing abusive

language to his master's relations in the second degree, the punishment shall be 80 blows ;

if in the third degree, 70 blows ; if in the fourth degree, 60 blows.

In these cases, as well as others, the abusive language must have been heard by the

person to whom it was addressed, and such person must always be the complainant.

SECTION CCCLXX .

All slaves or hired servants who have been guilty of a criminal intercourse with their

master's wife or daughters shall be beheaded immediately after conviction ; when

guilty of a criminal intercourse with their master's female relations in the first degree,

or with the wives of the male relations of their master in the same degree, they shall

be strangled after remaining in prison the usual period . In the above cases the punish-

ment of the woman, if consenting, shall be less only by one degree. When guilty of a

criminal intercourse with their master's more distant female relations, or with the wives

of his more distant male relations, they shall be punished with 100 blows and perpetual

banishment to the distance of 2,000 li.

If guilty of committing a rape upon the latter persons, they shall be beheaded after

remaining in prison the usual period ; except in the cases of rape, the punishment of a

65

criminal intercourse with any of the inferior wives shall , generally speaking , be less than 8

in the case of principal wives by one degree. E

a

SECTION CCCLXXIII.

A slave who is in any case guilty of a criminal intercourse with the wife or daughter

of a freeman shall be punished at the least one degree more severely than a freeman

would have been under the same circumstances.

σσ

On the contrary, the punishment of a freeman for having a criminal intercourse with

a female slave shall be one degree less than in ordinary cases.

When both parties are slaves, the criminal intercourse shall be punished in the same

manner as in the case of free persons. n

SECTION CCCLXXIX . f

No private individual , nor any officer of Government, excepting only the princes of

he imperial family, shall presume to educate castrated children in order to their being fi

employed as eunuchs in their domestic establishments. Every breach of this law shall h

e punished with one hundred blows and perpetual banishment to the distance of three t

housand li ; and the castrated children shall be sent back to the families whence they

H.O

were taken or to which they belonged. n

NOTE. The number of eunuchs employed within the precincts of the imperial palace

as ever been considerable ; and from the access they must necessarily have at all times

othe sovereign, in the capacity of his domestic servants, it is not improbable that they

nay still continue to exert some degree of undue influence ; it does not, however, appear

hat they are ever likely to enjoy, under a Tartar dynasty, that exclusive and dangerous !

onfidence which, while the government was in the hands of native princes, was some-

e

imes reposed in them. a

SECTION CCLXXV . id

The offence of entrapping and carrying off for sale, or persuading to come away

oluntarily for the same purpose, the lawful slave of any person, shall be punished one

egree less severely than that of kidnapping a free person under similar circumstances.

Any person who sells his children or grandchildren against their consent shall be

unished with eighty blows.

NOTE. -Although it would appear from this restriction that the power of a parent

ver a child, according to this Code, is much less extensive than that allowed by the

acient Romans, yet as the adoption of children and the purchase of inferior wives or

oncubines is a transaction of constant occurrence, and one in which the real parents

wfully may, and usually do, receive a pecuniary consideration, it can scarcely be denied

at the sale of children in China is practically allowed .

NOTE. It is to be observed , indeed, that the slavery which is recognized and tolerated

y the laws of China is a mild species of servitude , and perhaps not very degrading in a sh

ountry in which no condition of life appears to admit of any considerable degree of be

ersonal liberty and independence .

di

Mr. BAILEY to Mr. PAYSON.

ad

United States Consulate General, Shanghai, ex

21st October 1879 . be

IR, (Received November 29.) ct

REFERRING to my Despatch dated 21st October, relating to " slavery in China," no

have the honor to enclose herewith a copy of section cclv. of the Penal Code of China,

translated by Sir George Thomas Staunton, Bart. , F.R.S., which is the only translation be

ver made, and which is accepted as accurate and authoritative.

As my Despatch did not attempt to treat of penal servitude, I did not transmit re

is section with the enclosures relating to slavery.

It is, however, of so much importance at this juncture of Chinese emigration to the or

Jnited States, and relates so forcibly to the question of the citizenship of this class of pe

migrants, that I have thought it my duty to transmit it with a special Despatch for the

formation of the Department. ac

In this connection I have to remark that the patriarchal organization of society in the

bina is such as to make the enforcement of this law easy and effective . The elder

ember of the family, the pater familias, has almost unlimited control and power over inf

very member of the family, and he is held to a close accountability for the actions of ba

233

69

all members of his family ; not only is he held, but every other member of that family

has a responsibilty in the matter of the actions of all the other members, and is held

accountable for their conduct to a certain degree.

The whole system of family relations is so interlocked in domestic life, and interwoven

with duties and obligations to the State, that it may almost if not quite be said that one

is responsible for all, and all are responsible for one, in all the different branches of the

family, even to remote degrees and to remote countries.

The whole Chinese philosophy inculcates this absolute power of the pater familias

over all the members of the family to the farthest degree, the duty of the most implicit

obedience due by them to the head of the family, and of the accountability of all

members of the family, as well as the head, for the conduct of any one of the family.

When a Chinese subject goes out to any other country, all the other members of his

family remaining in China are so many hostages that he will return, and that he will

maintain bis allegiance to his country.

The horrible punishment which may lawfully be inflicted on these hostages is suf-

ficient to account for the rarity of instances of naturalization which has occurred in the

history of Chinese emigration to the United States . This is the text and the theory of

the law, and no doubt has been the practical operation of the law for ages.

I do not assert that the full vigor of this section of the Penal Code has not been

modified by the contact of China with western nations and modern ideas in the last two

or three decades.

I believe that foreign intercourse with China is gradually effecting great changes, and

will in time remove many of the objectionable and repulsive features of her practices and

systems ; but that change will be very slow, very methodical, for the whole Chinese

fabric of society and government is surrounded by so much that is hallowed by tradition,

experience, the long duration of the empire, the teachings of her sages and philosophers,

as to make her people the most inapt of all people to believe in the efficacy of modern

ideas and a new civilization.

I have , & c. ,

Hon. Charles Payson, DAVID H. BAILEY,

Third Assistant Secretary of State, Consul -General.

Washington, D.C.

PENAL CODE OF CHINA.

[ Translated by Sir GEORGE THOMAS STAUNTON, Bart . , F.R.S. ]

SECTION CCLV. - RENUNCIATION OF ALLEGIANCE.

All persons renouncing their country and allegiance, or devising the means thereof,

shall be beheaded ; and in the punishment of this offence no distinction shall be made

between principals and accessories.

The property of all such criminals shall be confiscated , and their wives and children

distributed as slaves to the great officers of State.

Those females, however, with whom a marriage had not been completed , though

adjusted by contract, shall not suffer under this law. From the penalties of this law,

exception shall also be made in favour of all such daughters of criminals as shall have

been married into other families. The parents, grandparents, brothers, and grand-

children of such criminals, whether habitually living with them under the same roof or

not, shall be perpetually banished to the distance of 2,000 li .

All those who purposely conceal and connive at the perpetration of this crime shall

be strangled .

Those who inform against and bring to justice criminals of this description shall be

rewarded with the whole of their property.

Those who are privy to the perpetration of this crime, and yet omit to give any notice

or information thereof to the magistrates, shall be punished with 100 blows, and banished

perpetually to the distance of 3,000 li .

If the crime is contrived, but not executed, the principal shall be strangled, and all the

accessories shall each of them be punished with 100 blows and perpetual banishment to

the distance of 3,000 li.

If those who are privy to such ineffective contrivance do not give due notice and

information thereof to the magistrates, they shall be punished with 100 blows and

banished for three years.

70

All persons who refuse to surrender themselves to the magistrates when required, and

seek concealment in mountains and desert places in order to evade either the perform-

ance of their duty or the punishment due to their crimes, shall be held guilty of an

intent to rebel, and shall therefore suffer punishment in the manner by this law provided.

If such persons have recourse to violence, and defend themselves when pursued by force

of arms, they shall be held guilty of an overt act of rebellion, and punished accordingly.

Mr. BAILEY to Mr. PAYSON.

United States Consulate General,

Shanghai, 2nd December 1879.

SIR, (Received 7th January 1880. )

REFERRING to my Despatch, of 20th October 1879, covering a paper on the

subject of " Chinese slavery," I now have the honour to transmit herewith some

documents in print, extracted from the Hong Kong and Shanghai newspapers, relating

to the same subject.

Enclosure No. 1 is the decision of Sir John Smale, Chief Justice of the Supreme Court

of Hong Kong, and shows that as long ago as January 1845 the British Government

notified all residents of that Colony by a royal proclamation that-

" Whereas the Acts of the British Parliament for the abolition of the slave trade and for

the abolition of slavery extend by their own proper force and authority to Hong Kong ;

this is to apprise all persons of the same, and to give notice that these will be enforced by

all Her Majesty's officers, civil and military, within this Colony."

That at the present time there are at least 10,000 slaves in this Colony, and that the ?

trade in human chattels has been continuously carried on under the very eyes of the

officials , and that posters can be seen daily in public places offering rewards for the

return of fugitive slaves.

Enclosure No. 2* is an editorial from the " Hong Kong Daily Press " upon this decision.

Enclosure No. 3 is an extract from a recent editorial in the " North China Daily

News " upon the same decision, and contains some references to the Family Law of China,

confirmatory of my expressed opinion that the basis of this slavery is cxclusively the

patriarchal family organisation.

Enclosure No. 4 is a memorial by more than ten thousand of the Chinese gentry,

merchants, and other people of Hong Kong, to the Governor of that Colony, praying

that the British laws relating to the slave trade and slavery be not enforced in Hong

Kong. This petition contains the most complete and convincing proof of all the views set

forth in my paper on that subject, and will render nugatory all denials of the existence

and prevalence of slavery in China, or any apology or vindication relating to its

character.

Enclosure No. 5* is an editorial from the " Hong Kong Daily Press " upon the petition.

I have to remark that this is not a new subject to me, and I would refer the Department

to my Despatches from Hong Kong, printed in the Foreign Relations Correspondence,

1871 , pages 194 to 221 inclusive, and in 1873, pages 203 to 208 inclusive, together with

others on file in the Department, for the views I then held upon the subject. What I

have since seen and learned only tends to make my convictions stronger that this is ļ

real slavery, and that it prevails in every part of the empire and among Chinese where-

ever they go.

I repeat that Chinese slavery is an outgrowth of the family organisation , which, so far

as we know, is as old as Chinese society itself.

I see no hope for its abolition here but in the remodelling of the whole family organiza-

tion,- a herculean task beyond the vision of the most advanced Chinese statesman of

this generation.

It is significant to note that the Colony of Hong Kong, where it is now settled by a

judicial decision of its Supreme Court, and by admissions in solemn memorial of all the

leading native residents, that Chinese slavery exists and ever has existed as an essential

feature of the Chinese political and social system, is the entrepôt for all the Chinese

emigration to the United States. And perhaps it is worth while to query whether that

emigration is not thus shown to have in its every lineament the taint of human slavery ?

I have, & c.,

DAVID H. BAILEY,

Consul General.

* Not printed.

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71

Supreme Court, 6th October.

Before the Hon. Chief Justice, Sir JOHN SMALE.

DECLARATION by the CHIEF JUSTICE that SLAVERY in every form in HONG KONG is illegal

and must be put down. *

CHINESE PETITION on the SLAVERY QUEstion.

We give the following translation of a petition sent in to His Excellency the Governor

by the Chinese community on the slavery question .†

Mr. EVARTS to Mr. YUNG WING.

Department of State, Washington,

SIR, February 17, 1880.

IN a recent Despatch to this Department in relation to the emigration

of Chinese subjects from their own land to other countries, one of the United States

consuls in China transmitted, for the information of the Department, what purports

to be a transcript of section cclv. of the Penal Code of China, as translated by George

Thomas Staunton, F.R.S. , an English baronet, whose translation is reputed to be the

only one known.

The law referred to is in relation to the various punishments to be inflicted upon the

relatives of a Chinaman who may renounce his country and allegiance, and it may there-

fore be of interest to this Government, in connection with the large Chinese immigration

on the Pacific coast, to be conversant with the nature of this among other Chinese

statutes touching the general subject.

I have the honour, therefore, to inclose herewith a copy of the translated law as

received from the Consul, and to inquire whether the same correctly represents the law,

and whether it is understood to be now in force in all or any part of the dominions of

His Imperial Majesty.

Accept, Sir, the renewed assurance of my most distinguished consideration.

WM. M. EVArts.

[ Enclosure. ]

Section cclv. of the Penal Code of China, concerning the renunciation of allegiance.

Translated by Sir George Thomas Staunton, Bart . , F.R.S.

Mr. YUNG WING to Mr. EVARTS.

Chinese Legation, Washington,

March 2, 1880 .

SIR, (Received March 2.)

YOUR Communication of the 17th ultimo , containing an enclosure of a translation

of section cclv. of the Penal Code of China , as translated by Sir George Thomas

Staunton, and inquiring " whether the same correctly represents the law, and whether it

" is now understood to be in force in all or any part of the dominions of His Imperial

" Majesty," was duly received , and I have the honour to say in reply that section cclv.

of the Chinese Penal Code referred to has no reference whatever to Chinese emigration

as contemplated in and sanctioned by the Burlingame treaty. Under the general head

of " Renunciation of allegiance," the specific acts so carefully defined, with their corre-

sponding punishments , point to the presumptive existence of a lesser or greater degree

of treasonable intent against the Government , and it contemplates conspiracies and overt

acts of rebellion against the Government as being the logical sequence of " renunciation

Vide Enclosure 1 in No. 1. † Vide Enclosure 10 in No. 1.

72

of allegiance," which antecedes them both in time and existence ; hence their classifi-

cation under that head or section . Emigration, as sanctioned by foreign treaties, is

taken out of the category of treasonable acts, and is therefore beyond the scope of the

section.

In Article V. of the Burlingame treaty we find this language, which is conclusive on

this point : " The United States of America and the Emperor of China cordially

86

recognize the inherent and inalienable right of man to change his home and

"

allegiance."

Accept, Sir, the assurance of my most distinguished consideration .

YUNG WING.

No. 3.

The RIGHT HON. THE EARL OF KIMBERLEY to GOVERNOR SIR J. POPE

HENNESSY, K.C.M.G.

SIB, Downing Street, 20th May 1880 .

1. I HAVE the honour to acknowledge the receipt of your Despatch of the 23rd

of January, and enclosures, including the extrajudicial declaration of Chief Justice

Sir John Šmale as to " Slavery in Hong Kong."

2. The points presenting themselves for consideration in these papers are-

u. kidnapping,

b. brothel slavery,

c. purchase for adoption and domestic service, and

d. the legal effects of extrajudicial declarations, and the power of a

Judge to direct prosecutions.

3. I will not allude further to the last point than to say that, apart from the question

whether Sir John Smale's declaration is well founded in fact or in law, I should have

been glad if, instead of adopting this form of expressing his views, he had addressed, at

all events in the first instance, a memorandum to yourself, which would have equally

answered his purpose of bringing forward the subject, and would have had the advantage

of enabling you to verify the statements of fact in the memorandum before submitting it

for the instructions of the Secretary of State.

4. With regard to kidnapping, the provisions of the local law (Ordinances 4 of 1865,

and 2 of 1875) ought to be sufficiently stringent, but it appears that the practice being

on the increase certain Chinese gentlemen in November 1878 asked permission to form

themselves into an association for its prevention , and that a committee appointed by you

to inquire into the subject suggested that the petitioners should form themselves into a

company for the purpose under the " Companies Ordinance 1865." It does not appear

that anything further has been done in the matter, and I regret that so much valuable

time has been lost . I therefore request that you will at once thank these Chinese gentle-

men for their offers of assistance in repressing this form of crime, and that you will

allow them to form themselves into an association of whatever kind they desire . But,

in order to obtain official recognition, its rules and organisation should be made known to

and approved by the Colonial Government. You will, of course, give them such

assistance as you may find practicable, and especially you will instruct the police to

co-operate with them in bringing to justice all offenders whom they may succeed in

tracing. If the association as at first organised should be found insufficient. it will be

time then to consider what other steps should be taken.

5. With regard to brothels , I may observe that the inmates, being on British soil, are

and always have been legally free, that any complaints of ill-treatment or coercion by

their keepers at any time ought to have been dealt with by the authorities, and that the

proposed Chinese Association would have given useful assistance in discovering cases

of ill-treatment and of purchases of females for purposes of prostitution . But I desire to be

more precisely informed what is the law referred to in the 7th paragraph of your Despatch,

what steps you have taken to enforce it in order to secure the freedom of these women,

and with what results. I may remind you that the Brothel Commission have recom-

* No. 1.

237

73

mended, and that you have supported the recommendation, that " houses for the sole

use of Chinese should not be in any way subject to Government supervision." It is

desirable that I shall receive your reply on this point without delay, as I am not

satisfied that your present proceedings are altogether in accordance with that recommend-

ation, and I am consequently unable to form a conclusive opinion on the report of the

Brothel Commission.

6. The buying and selling of children for adoption or domestic service has been

condemned by Sir John Smale as slavery, and as contrary to Chinese customs as well as

to British law. But both Dr. Eitel and the Chinese gentlemen who, in November 1878,

petitioned to be formed into an association for the suppression of kidnapping, and of the

purchasing of females for purposes of prostitution, represent that there is no connection

between the practice of adoption or domestic service and slavery ; that ( contrary to the

statement of Sir John Smale) these institutions are recognised and prevalent in China ;

that the custom has its foundation in the most sacred religious obligations and in the

necessities of the poor ; that the children are well cared for, and when they reach maturity

are placed out in life or given in marriage , and become as free as any other Chinese

men or women ; that if the adoptive parent or master does not do his duty the actual

parents have their remedy ; and that the lot of the children is far happier than if they

had been left to their ordinary fate.

7. I wish to be informed whether these statements are admitted by yourself and the

Chief Justice as an accurate representation of the facts connected with the adoption of

children and domestic servitude in Chinese families, and for what period and to what i

extent the persons purchased for these purposes cease to be free agents.

8. I also desire to know what is the precise offence which in the 20th paragraph of your

Despatch you propose to prosecute, and whether you would prosecute it as an offence

at common law, or under any, and, if so, what statute or ordinance.

9. I request also that you will ask the Chief Justice to be good enough to specify the

Acts of Parliament which he considers have not been enforced in Hong Kong, and the

particular sections to which he alludes. It may become necessary to consult the law

officers on the subject, and I therefore wish to be sure that I am in possession of the

exact views of yourself and of the Chief Justice. I feel at liberty to ask Sir John Smale

for this information, seeing that his declaration, although given from the Bench, was not

a judicial decision upon a question at issue before him, and did not proceed upon par-

ticular facts ascertained in evidence, nor upon the argument of counsel, and that I am

therefore not precluded from inviting his assistance, which I might have felt some

difficulty in doing had the declaration formed part of an authoritative judgment of the

Court.

I have, & c. ,

Governor Sir J. Pope Hennessy. KIMBERLEY.

No. 4.

COLONIAL OFFICE to FOREIGN OFFICE.

SIR, Downing Street, 5th June 1880.

I AM direct b t E o K t a t r o y l

ed y he arl f imberley o cknowledge he eceipt f our etter

of the 30th April , * forwar a copy of a Despat from Her Majest

y's

Minist a

er t

ding ch

Washi , with enclos , relativ to slaver in China ; and in reply I am to transm ,

ngton ures e y it

for the inform of Earl Granvi , a copy of a Despat + which has been recentl

ation lle ch y

addres t t G o H K o t s .

sed o he overnor f ong ong n he ubject

I am , & c . ,

The Under Secretary of State, JOHN BRAMSTON.

Foreign Office.

* No. 2. † No. 3.

Q 2893.

74

No. 5.

The RIGHT HON. THE EARL OF KIMBERLEY to GOVERNOR SIR J. POPE

HENNESSY, K.C.M.G.

SIR, Downing Street, 30th June 1880.

SINCE I had the honour of addressing you in my Despatch ofthe 20th May,* I have

noticed the case of Cheong Sin Lin and two other Chinese , relative to the sale of a

male child, reported in the " Hong Kong Daily Press " of the 27th April last.

2. It is there stated that " the police have received orders not to prosecute in these

" cases until the authority of Government has been received," and I shall be glad if you

will inform me what is the ordinance or other law which confers jurisdiction upon the

magistrate in such cases, and what are the reasons why special anthority is to be

obtained for such prosecutions instead of their being undertaken in the ordinary course.

I am, & c. ,

Governor Sir J. Pope Hennessy. (Signed) KIMBERLEY.

Enclosure in No. 5.

" Hong Kong Daily Press," 27th April 1880.

Alleged PURCHASE and SALE of a MALE CHILD .

¡

CHARGE WITHDRAWN.

Cheong Sing Lin, Lam A-sz, and Lau Asai were charged with trafficing in the

purchase and sale of a male child, seven years of age, named Chung Tai, at Yow Ma

Tee, in October last.

Inspector Cameron said : -I am an inspector of police in charge of Yow Ma Tee. I

saw the child in court in the possession of the third defendant. From inquiries made, I

ascertained that she had purchased him from his parents, the first and second prisoners.

for $26. They admitted having sold , and she having bought, the boy. She produced

the stamped receipt in court for the money. Since making the charge I have learnt that

the police have received orders not to prosecute in these cases until the authority of

Government has been received . I therefore ask to be allowed to withdraw the charge.

The defendants were ordered to enter into their personal recognisance in $100 each to

appear at this court at any time they may be called on to answer the above charge with in

the next twelve months from this date.

No. 6.

GOVERNOR SIR J. POPE HENNESSY, K.C.M.G. , to the RIGHT HON. THE EARL

OF KIMBERLEY.

(Received 9th August 1880. )

Government House, Hong Hong,

MY LORD, 23rd June 1880 .

IN the Despatch of the 20th ultimo, relating to kidnapping and similar

offences affecting the freedom of Chinese women and children, your Lordship desires

me to thank the Chinese gentlemen of the Colony who offered their assistance to the

Government, and wished to form a Society for checking such crimes ; and you instruct

me to allow them to form themselves into a Society or Association, of whatever kind

they desire, with that object, subject to the approval of the Colonial Government.

2. Your Lordship's decision on this point will, I have no doubt, be received with

great satisfaction by the whole community, as it has been by myself and my advisers.

* No. 3.

239

75

The Chinese gentlemen in question have already expressed much gratification' at finding

their views and labours appreciated by Her Majesty's Government.

3. In connection, however, with the formation of such a Society, a slight misconcep-

tion has arisen, for which I am probably to blame. Your Lordship says, in the Despatch

of the 20th of May 1880, " It does not appear that anything further has been done in

" the matter (the offer of the Chinese to form themselves into a Society for the Pro-

" tection of Women and Children) , and I regret that so much valuable time has been

" lost." In my Despatch of the 23rd of January last I ought to have mentioned

that, whilst awaiting the decision ofthe Secretary of State on the specific proposal therein

submitted, I had taken the responsibility of allowing these Chinese gentlemen to constitute

themselves provisionally and informally into a Society of the kind ; and from time to

time the local Government have obtained practical assistance from them. For instance,

in the enclosed papers your Lordship will see that Mr. Consul Giles, writing from

Amoy on the 30th of April, calls the attention of the Hong Kong Government to a

suspicious case in which a child was sent to this Colony. After a reference to the head

of the police and the emigration officer, the case was put, on the 10th of May, before the

Chinese Society for the Protection of Women and Children ; the Attorney General

advised that the child should be detained (though he did not think that a case of kid-

napping had been made out) pending the enquiries of the Society . Those enquiries

elicited all the necessary facts. Mr. Fung Ming Shan and the other gentlemen of the

Society were duly thanked in a letter from the Acting Colonial Secretary on the 31st of

May, and in a few days after the child was restored to the custody of his relatives.

4. The rules and organisation of the Society have been under the consideration of

Mr. Ng Choy, and they will be submitted before long to Mr. O'Malley, the Attorney

General, for official recognition .

I have, &c. ,

The Right Hon. the Earl of Kimberley, (Signed) J. POPE HENNESSY.

&c. &c. &c.

Enclosure in No. 6.

CHINESE SOCIETY for the PREVENTION OF KIDNAPPING and the PROTECTION OF WOMEN

AND CHILDREN.

ACTING CONSUL, AMOY, to ACTING COLONIAL SECRETARY.

H.B.M.'s Consulate, Amoy,

SIR, 30th April 1880.

THE enclosed petition was put into my hands so close upon the departure of

the S.S. Kwangtung to Hong Kong, and of the S.S. Fokien to Foochow, that I have

only had time to glance at it. The circumstance of the case seem so suspicious that

s

I have allowed the child to remain in charge of Captain Ashton , of the Fokien , and the

alleged guardian of the child to be at large upon bail , pending advices from Hong Kong ,

which you might possibly forward me by telegram before the return of the Fokien .

The change in the character in the petition to is worthy of note .

I have, &c. ,

The Honourable (Signed) H. A. GILES,

The Colonial Secretary, Acting Consul .

Hong Kong.

MINUTE by HIS EXCELLENCY THE GOVERNOR.

The Acting Captain Superintendent of Police and the Emigration Officer can enquire

and report what should be done.

(Signed) J. POPE HENNESSY.

2nd May 1880.

No. 3.

M

76

MINUTE by the ACTING CAPTAIN- SUPERINTENDENT OF POLICE.

1 think it well that Dr. Eitel should see the father, and hear his statement.

(Signed) C. V. CREAGH,

8th May 1880.

REPORT by Dr. EITEL.

I have the honour to report that after seeing the alleged father of the little boy,

Au Múi, mentioned within, also So Ling and the shopkeeper who stood security, I

found that the story they have to tell tallies with that given in the statement which

Mr. Creagh forwarded . The alleged father of the little boy gave as the reason why he

wished to give his little boy to So Ling as an adoptive child, that he was going to

Annam, and that, as a widower, he could not provide for the boy.

I then asked the shopkeeper who is engaged in the Nam Pak Hong business to

bring me a written statement of all the particulars of the case after submitting it to

the principal members of the Nam Pak Hong Guildhall Committee for their opinion.

This was promised, but I have not received the paper yet.

To-day, acting with the approval of the Acting Colonial Secretary, I went on broad

the New Fokien, and had the boy handed over to me, and, after communicating with

the Tung-wá Hospital Committee, and the Chinese Society for the Protection of

Women and Children, sent the boy to the Tung-wá Hospital, where he will be kept until

His Excellency the Governor decides the matter.

I shall forward the papers from the shop which stood security, and the report which

will be presented after due enquiry by the Society for the Protection of Women and

Children, as soon as I receive the papers . Meanwhile, I place the above-stated facts on

record for the information of the Government.

(Signed) E. J. EITEL.

10th May 1880.

MINUTE by HIS EXCELLENCY THE GOVERNOR.

Approved (as to the reference to the Chinese Society for the Protection of Women

and Children, and detention of the child in the Tung-wa Hospital) .

To the Attorney General (as to legal aspect of the case) .

(Signed) J. POPE HENNESSY,

11th May 1880.

MINUTE by the ATTORNEY GENERAL .

It appears to me that this is no case of kidnapping, and there is nothing that would

warrant a prosecution for that offence. There will probably be no risk in detaining the

child pending the enquiries of the Society for the Protection of Women and Children.

But it is clear that the father meant to give his child for adoption ; and I do not see

how the child could be detained from him, if he should come himself and claim it.

(Signed) E. L. O'MALLEY,

May 12th, 1880 . Attorney General.

MINUTE by HIS EXCELLENCY The Governor.

Act according to foregoing opinion.

( Signed) J. POPE HENNESSY .

14th May 1880.

241

77

MINUTE by the ACTING COLONIAL SECRETARY.

To await report from the Society.

(Signed) FREDERICK STEWART,

Acting Colonial Secretary.

REPORT by Dr. EITEL.

Thanks to the detective employed by the Chinese Committee for the Protection of

Women and Children, I now enclose what I believe to be papers revealing the real truth

in the case, viz. , Enclosures marked B. , C., and D. A careful enquiry into the case on

the basis of these papers will leave no doubt as to the real merits ofthe case.

(Signed) E. J. EITEL.

27th May 1880.

Enclosure B.

(Translation .)

Careful enquiry shows that the boy sent here by order of His Excellency the Governor

is of the surname U and called Múi, 7 years of age, and a native of the Sam Shúi District.

His father, Ú A-pún, was killed by a fall in the Sugar Refinery in the Ting Cháu year

(1877). His mother, of the surname Fok, died in the Moyan year ( 1878). There are

three brothers left, the eldest of whom, called Ú A-lam, was brought up by his adoptive

brother. The younger brother, Ú Sai, was brought up by a cousin , called Ú Shun.

The boy above mentioned used to live either with his uncle Ú I, or with his cousin

Ú Shun. In present year, on the 17th day of the 3rd moon (25th April 1880), his

cousins U Shan and ÚTsui took the boy with them to sacrifice at the tomb (of his

father ?) , and after that he went to U Tsui's place, and had his dinner with him . After

the dinner the boy went himself to his uncle U I. On the 29th day of the 3rd moon

(7th May 1880 ) his cousin Ú Shun, finding that both the boy and his uncle Ú I had

disappeared, went to police station. As to how the boy was sold, no particulars are

known. His cousin Ú Shun resides at Sam Shap Kan ( Astor Buildings) No. 3, T'ung

On Lane, on the ground floor.

Translated by

'

(Signed) E. J. EITEL .

27th May 1880 ,

Enclosure C.

(Translation.)

As to the boy who was lately brought back from Amoy, I find that he himself says

he is Aú A-múi. But I find now that he is in reality U A-múi, 7 years old, a native

of Sam Shúi, and has neither father nor mother. There is an uncle U Ai, who was

formerly maintaining himself as a locksmith at Sai Ying-pún. I know not where he is

now. U A-múi has one elder and one younger brother. The elder brother is called

A Lam, 9 years old. His younger brother is called Sai-mui, 5 years old. Both are

still in Hong Kong. There is also a cousin Ú A-shun, 42 years old, an employé in the

Taicheung foreign clothes (washerman's ?) shop in Low Gough Street. There is also

an adoptive mother (step-mother ?) called A Ngan, who lives at Sam Shap Kau (Astor

Buildings) at No. 3, T'ung On Lane, on the ground floor. I find that U A-mui was

formerly either living with his uncle, or with his cousin, or with the adoptive mother

(step-mother ?) and thus brought up. Unfortunately, on the 17th day of the 3rd moon

(25th April 1880) the brothers went to the coffee plantation (at West Point or at

Wong-nel-chong ?) On the 18th day (26th April 1880) the boy had his dinner in the

evening with his cousin Ú Tsú, after which he was never seen again. On the 28th day

of the 3rd moon (6th May 1880) it was said that a notification was put up at the police

78

station. Accordingly on the 29th day (7th May 1880) Ú A-shun made a report at the

police station, and said U A-múi had been lost. I find now that U A-múi's uncle Ú Ai

has gone nobody knows where. I think that most likely Ai sold the boy to those

Fohkien people to be their adoptive son. But I do not know it for certain. I now send

you what I have found out so far as to reliable facts, and submit it all to your inspection.

As to what should be done in the case, I await the decision of the Government.

(Signed) FUNG MING-SHÁN.

13th day of the 4th moon ( 21st May 1880).

Translated by

(Signed) E. J. EITEL.

27th May 1880.

Enclosure D.

(Translation.)

DEAR SIR,

I HAVE acquainted myself with the contents of your letter commissioning me to

enquire into the case of U A-múi. I have now made careful detailed enquiries, and

herewith state the facts, which are reliable. Please report the matter to the Government

Offices, so that the boy may soon return home, as his cousin and aunt are much distressed

about the matter. The boy himself also is very desirous to return home.

Yours faithfully,

To Mr. Ming-shan. (Signed) LOK CHIN-WING.

Translated by

( Signed) E. J. EITEL .

27th May 1880.

MINUTE by HIS EXCELLENCY THE GOVERNOR.

Thank the Society for the Protection ofWomen and Children ; and as to the custody of

the child, refer to the Attorney General.

J. POPE HENNESSY.

31st May 1880.

ACTING COLONIAL SECRETARY to MR. FUNG MING SHÂN.

Colonial Secretary's Office, Hong Kong,

SIR, 31st May 1880.

I AM directed by the Governor to request you to convey to the Society for the

Protection of Women and Children , His Excellency's thanks for the information you have

elicited , and furnished him with, regarding the child Amui sent down from Amoy.

I have, & c. ,

FREDERICK STEWART,

(Signed)

Fung Ming-shán, Esq. Acting Colonial Secretary.

MINUTE by the ATTORNEY GEneral,

I think the proper course would be to restore the boy to the custody of his cousin

and aunt mentioned in Lok Chin-wing's letter ; the aunt mentioned in that letter,

being, I presume, the same person as the stepmother A-ngan mentioned in Fung Ming-

shan's report.

( Signed) E. L. O'MALLEY,

June 1st, 1880. Attorney General.

243

79

MINUTE by HIS EXCELLENCY THE GOVERNOR.

Act accordingly.

(Signed) J. POPE HENNESSY.

1st June 1880.

MINUTE by the ACTING COLONIAL SECRETARY.

Will Dr. Eitel have the goodness to take the necessary steps for the restoration of

the boy to the custody of his cousin and aunt ?

(Signed) FREDERICK STewart,

2nd June 1880. Acting Colonial Secretary.

MINUTE by Dr. EITEL.

Done.

(Signed) E. J. EITEL.

10th June 1880.

No. 7.

GOVERNOR SIR J. POPE HENNESSY, K.C.M.G., to the RIGHT HON. THE EARL

OF KIMBERLEY.

(Received August 9, 1880.)

Government House, Hong Kong

MY LORD, June 23, 1880.

WITH reference to that portion of your Lordship's Despatch of the 20th of May,*

referring to paragraph 7 of my Despatch of the 23rd of January 1880,† on brothel

slavery in Hong Kong, I have the honour to report that in my opinion the existing law

against slavery, if properly enforced , is quite sufficient to secure the real freedom of

these women.

2. One of the evils of the brothel legislation in this Colony is that it substituted, to

all intents and purposes, a new law instead of ordinary enactments and the common law,

for dealing with prostitution, a new tribunal (until 1876) for administering the law,

and a small number of low-class officials, called Inspectors of Brothels, in lieu of the

ordinary police force.

3. As the late Mr. Charles May, who was for many years senior police magistrate,

pointed out, the brothel keepers looked on the brothel inspectors as their protectors.

Other witnesses before the Commission refer to the official authority the Government

license gives to these keepers ; and a late Acting Registrar- General, Mr. Lister, speaks

of the keepers as a horrible race, cruel to the last degree.

4. I have no hesitation in recommending that this real or supposed official status,

and this protection by Government officers, should be withdrawn from such persons, and

that they should be dealt with under the ordinary law. With that purpose in view, I

instructed the head of the police to let it be made known that any cases of the detention

of women against their will in such houses would be dealt with by the police in the same

way as a case of robbery or assault in such houses, and that the freedom of the inmates

would not be left in future to the limited and suspicious jurisdiction of the inspectors of

brothels.

5. Furthermore, the Chinese Society for the Protection of Women and Children was

consulted on the subject by Dr. Eitel, at my request. These gentlemen, as your Lord-

No. 3. † No. 1.

80

ship anticipates, readily promised their assistance. Indeed the existence of the Society

has already had a beneficial effect.

I have, &c. ,

The Right Hon. the Earl of Kimberley, (Signed) J. POPE HENNESSY.

& c. &c. &c.

No. 8.

The RIGHT HON . THE EARL OF KIMBERLEY to GOVERNOR SIR J. POPE

HENNESSY, K.C.M.G.

SIR, Downing Street , August 27, 1880 .

I HAVE the honour to acknowledge the receipt of your Despatch of the 23rd

June, relating to the formation of a Chinese Society for the Protection of Women and

Children .

I shall be glad to receive copies of the rules when they have been revised by the

Attorney General .

I have, &c. ,

Governor Sir J. Pope Hennessy. (Signed) KIMBERLEY.

No. 9.

The RIGHT HON. THE EARL OF KIMBERLY to GOVERNOR SIR J. POPE

HENNESSY, K.C.M.G.

SIR, Downing Street, September 29, 1880.

I HAVE the honour to acknowledge the receipt of your Despatch of the 23rd

Junet, on the subject of brothel slavery .

2. I have read this Despatch with some feeling of disappointment , as it does not

appear to me to meet the real difficulties of the subject.

3. You state that " the existing law against slavery, if properly enforced, is quite

" sufficient to secure the real freedom of these women ; " and again, " that any cases

" of the detention of women against their will in such houses would be dealt with by

" the police in the same way as a case of robbery or assault in such houses." But it

need scarcely be pointed out that the detention of a prostitute in a brothel against her

will is an exceptional occurrence, for which the legislation introduced by Sir A. Kennedy

in 1873 and 1875 effectively provides whenever evidence is obtainable.

4. The question, how to deal with what is termed brothel slavery, raises much wider

issues. The practices known under that name arise out of certain pecuniary trans-

actions habitually spoken of as purchase and sale, -transactions well understood, but very

difficult to prevent ; the result of which is that young women are compelled to live a

life of degradation and practical slavery, although not under actual personal restraint.

Something more is therefore needed than police interference confined to cases of

forcible detention ; and the difficulty which has to be met is that of providing some

means for preventing this abominable traffic in women who are bought elsewhere in

order to be made prostitutes in Hong Kong, or are virtually purchased in the Colony

for that purpose, and for giving protection in the Colony to the women themselves.

It is generally admitted that the personal liberty of these women is not directly

interfered with to any very serious extent ; and when your Despatch of the 23rd

January last, dealing with the question of slavery, was received, stating that you had

given orders " that the law, whatever may be the consequence to the brothel system,

should be strictly enforced so as to secure the freedom of these women ," it was

hoped that you had discovered some method of checking this traffic in women, and of

* No. 6. † No. 7. No. 1.

245

81

dealing with the whole subject of brothel slavery in a practical manner ; and you were

asked by means of what existing law you were enabled to attain this most desirable

object.

5. I am afraid, from the tenour of your reply now under acknowledgment, that I

must come to the conclusion that you have not yet fully appreciated the peculiar

difficulties surrounding this question, and that you have not formed any distinct plan

for grappling with this long-standing evil. The numerous Despatches which have been

received from you on this subject have reached no further than to point out the abuses

connected with the old system of inspection, and especially with the employment of

informers. I give you full credit for having lost no time in putting an end to the

revolting practices which had arisen from the employment of these informers ; but this

measure was taken by you as long ago as the end of 1877 ; and that particular portion

of the subject, having been finally disposed of, need not be further referred to in your

Despatches . In dealing with the general question, you do not appear to me to recognize

sufficiently that the establishment of the system of licenses and of inspection was a

police measure intended to give to the Hong Kong Government some hold upon the

brothels, in the hope of improving the condition of the inmates, and of checking the

odious species of slavery to which they are at present subjected .

6. Mr. Labouchere, in his Despatch of the 27th August 1856, says, " the Colonial

" Government has not, I think, attached sufficient weight to the very grave fact that

" in a British Colony large numbers of women should be held in practical slavery for

cc

purposes of prostitution, and allowed in some cases to perish miserably of disease in

" the prosecution of this employinent, and for the gain of those to whom they suppose

" themselves to belong. A class of persons who by no choice of their own are

"C

subjected to such treatment have an urgent claim on the active protection of

" Government. I am not at present prepared to say, and I wish you seriously to

consider, in what shape and to what extent it is practicable to give this protection.

" But I do not see how it can be given at all till the establishments in which such

" practices are supposed to exist are brought under the eye, and in some measure

" under the control , of Government. On these grounds, therefore, independently of

" those which have been pressed upon you by Sir J. Stirling and others, I think that

" these houses of ill-fame and their inmates should be registered, and subjected to

"6

police regulations , in the first instance, of a sanitary character ; that a strict medical

86

inspection should be enforced , and that all diseased persons should be removed to

66

hospitals and placed under treatment. The expense of their treatment should be

" paid either by the public, or, if possible, by the persons from whose control they are

" taken ; against whom, I will here observe, rather than their unfortunate instruments,

" the penal provisions of the law should be mainly directed . A law framed on these

principles, besides the direct effect it would have on the public health, would furnish

" some immediate protection to those who are the first victims of the present system ,

" and would facilitate such further measures as the Government might deem it expedient

" to take hereafter. " The same views were again expressed in his later Despatch

of the 11th August 1857 * , and were the grounds upon which the large powers contained

in section 7 of the Ordinance 12 of 1857 were given to the police as distinct from

the Colonial Surgeon. These humane intentions of Mr. Labouchere have been

frustrated by various causes , among which must be included that the police have from

the first been allowed to look upon this branch of their work as beneath their dignity,

while the sanitary regulation of the brothels appears from recent correspondence to

have been almost entirely disregarded . It is now proposed to destroy the machinery

which was intended to ameliorate the condition of the women ; but before abandoning

the present system it is necessary to consider carefully what can be put in its place,

since otherwise the evils pointed out by Mr. Labouchere will be left without a remedy.

As you have yourself recommended this step, it was reasonable to expect that, with the

advantages which you possess of local observation and experience, you would be pre-

pared , if not to submit a detailed plan for the future protection of these unfortunate

women, at all events to offer valuable suggestions for the formation of such a plan.

Notwithstanding the attention which you have very properly bestowed on the subject,

I cannot say that I have found in your Despatches hitherto received much information

of this kind, and as the question cannot be left any longer in its present position I

must proceed to deal with it, as far as may be possible, with the materials now at my

• Not printed.

11 9892

82

disposal. I shall do so without any avoidable delay, but it will, I fear, still be some

little time before I can communicate to you my views.

I have, &c.

Governor Sir J. Pope Hennessy , (Signed) KIMBERLEY.

&c. &c. &c.

No. 10.

GOVERNOR SIR J. POPE HENNESSY, K.C.M.G. , to the RIGHT HONOURABLE THE

EARL OF KIMBERLEY. (Received October 14, 1880.)

Government House, Hong Kong,

MY LORD, September 3, 1880.

1. I HAVE the honour to lay before your Lordship some further papers relating to

kidnapping and so-called slavery in Hong Kong .

2. The letters and minutes in these papers explain the questions your Lordship put to

me in the Despatch of the 30th of June 1880. *

3. Having called for a careful report from the police magistrates and the head of the

police on a statement made by the Chief Justice as to the alleged incapacity or inaction

of the police, I referred the papers to the Attorney General, who, on the 5th of July

1880, expresses the opinion that those officers have acted correctly, and that there is no

foundation for the charge of incapacity or inaction.

4. I am happy to say that, in forwarding the criminal calendar on the 7th of July 1880,

the Chief Justice, says :-

" The diminished number of serious crimes in the Colony is as creditable to the police

as it is satisfactory to the public."

In the same letter the Chief Justice expresses his satisfaction at the proposal ( which

your Lordship has sanctioned ) † of the Chinese community to assist in putting down

kidnapping .

5. With reference to what your Lordship says in paragraph 6 of the Despatch of

29th July 1880 , the remark I have just quoted of the Chief Justice as to the diminu-

tion of serious crime, is confirmed by a report just received from one of the acting police

magistrates, which I have the honour to enclose for your information. The most recent

reports of the police officers to the same effect were enclosed in my Despatch of

the 16th ultimo . ‡

I have , & c . ,

The Right Hon. the Earl of Kimberley. (Signed) J. POPE HENNESSY .

&c. & c. &c.

Enclosure 1 in No. 10.

FURTHER PAPERS relating to KIDNAPPING and so-called SLAVERY in HONG KONG.

The Supreme Court, Hong Kong,

SIR, June 17 , 1880 .

You will have received from the Registrar the Criminal Calendar , sessions for

May 1880 .

Yong A-ip was, in case No. 3, charged with extortion, but that was properly aban-

doned , and in case No. 12 he was charged with obtaining money under false pretences ,

viz ., pretending that Mulgraves , inspector of nuisances , required bribes , which he, on

such false pretences , obtained and kept . It came out that Mulgraves , through his wife ,

said , " We are Government officials , and cannot take bribes ." Mulgraves brought the

matter to the notice of the Executive . I recommend him to the favourable consideration

of his Excellency the Governor .

In case No. 8, Ch'an A- leng was charged with unlawfully and by fraud taking away

a girl 14 years of age from the Colony for the purposes of emigration. The evidence

showed a case of taking her to Singapore for the purpose of selling her there as a

prostitute.

* No. 5. † No. 3. + Not printed.

247

83

This case was an instance of the inherent practice of the Chinese to sell young girls.

Hatred of the fate intended for her and unusual energy in the girl alone saved her.

In passing sentence in this case, I took occasion to express my despair that any

amelioration of the appalling system I have laid open would be produced , seeing that of

the 10,000 cases admitted to be existing in the Colony of domestic slavery (or bondage,

as Dr. Eitel, making a distinction without a difference, prefers to call it) , not one case

has, so far as I see, been brought by the police before the magistrates, and that of the

sales by parents of their children, admitted to be common, I find one only has been

brought before a magistrate, and then after it was proved it was abandoned by the

inspector, he alleging as his sole ground for doing so that he was forbidden to prosecute.

The evils within this Colony which I have denounced remain unchecked, owing to the

incapacity or inaction of the police.

I beg respectfully to bring these facts to the notice of his Excellency the Governor,

and to disclaim all responsibility on the judges that the grave state of things which has

been exposed remains and promises to remain unchecked.

I have, &c. ,

The Honourable Dr. Stewart, JOHN SMALE,

Acting Colonial Secretary , Chief Justice.

&c. &c. &c.

MINUTE by HIS EXCELLENCY THE Governor.

To the police magistrates and the head of the police for a careful report as to the

facts. Then to the Attorney General for his opinion.

June 17, 1880. J. POPE HENNESSY.

MINUTE by the ACTING POLICE MAGISTRATE.

Magistracy, Hong Kong,

July 2 , 1880 .

I HAVE read the letter of his Honour the Chief Justice addressed to the Honourable

the Acting Colonial Secretary, calling attention of the Government to the existence of

the system what is popularly termed the " domestic slavery " in this Colony, and com-

plaining of the inaction of the police to suppress it.

In accordance with the minute of his Excellency the Governor thereon calling for a

report from the police magistrates, I have the honour to state that since the short time

I have been on the magisterial bench it is natural that I have not acquired so much

experience as that of my colleague, but from what I have seen I would venture to say

that cases arising directly or indirectly from the so-called system of slavery constantly

come before the police court.

They consist principally of two classes -those that relate to women and girls for

immoral purposes , and those that relate to boys and girls for honest purposes . With

regard to the former class of cases, I would mention that whenever it is proved that a

woman was decoyed into or out of the Colony for the purpose of prostitution the magis-

trates do not hesitate to convict the offender and award a condign punishment, or, if it

should be deemed desirable, to commit the accused for trial at the Supreme Court.

Ordinance No. 2 of 1875 was especially enacted to meet cases of this kind, and, in my

opinion, it has borne good fruit, as instances of kidnapping or decoying do not now

occur so frequently as they did some years since.

With regard to the other class of cases which are brought before the police court, it

is not so easy to deal with them.

It not unfrequently happens that a woman, being in distressed circumstances, sells or

pledges her daughter for a sum of money, and after a short time makes a false report to

the police that her daughter has been lost or is being forcibly detained in a certain

house, with a view to invoke the assistance of the police to restore her daughter to her.

The magistrate has not only to protect the girl from being ill-used , but has also to

see that the purchaser be not unjustly punished on a false charge, and that the claimant

is the real mother of the girl . But when a bona fide case of detention or ill-treatment

of a girl is made out, the magistrate either punishes the offender summarily or sends the

case to the higher court for trial. It is, however, feared that a great majority of this

kind of cases coming under the cognizance of the magistrates are got up merely for the

sake of gain. I will state a case which came before me in May last, and which will

84

better illustrate my meaning. About two years ago a poor woman, being in need of

money, pledged her daughter, who was then seven years old, to a cook employed in

Messrs . Jardine, Matheson, and Co.'s, for $36. The girl was taken to the cook's

family house. She was well treated and well fed, and when she was ill a good deal of

money was spent on her account. In last April her mother was asked to repay the

amount she had borrowed, and to take back her daughter. This she was unable to do ,

as she had no money. About a month afterwards she came to the police court and

complained that she was ready to redeem her daughter, but that the cook was unwilling

to give her up.

Upon this a warrant was issued and the cook was arrested for unlawful detention of

the child. When the case came to be investigated I found that the woman had no

money, and that the sole object of her coming to the Court was to ask the Court to

order the cook to return her daughter to her without payment. The girl on being

questioned expressed a strong wish to be allowed to remain in the cook's family rather

than to go back to her mother. Naturally so, because she had intelligence enough to

perceive that her mother, being in very poor circumstances, was not in a position to give

her nice dress and plenty of food, which she had been enjoying in the cook's family, and

that if she went back to her mother she might in future again pledge her to another

person who might not be so good to her. However, I felt bound to inform the cook that

he had no legal right and control over the girl, and I had no alternative but to order the

girl to be restored to the mother.

I may be permitted to add that in my opinion the police ought not to be blamed for

the present state of things . When the servant girls (or slave girls as some prefer to term

them) in the families in this Colony are contented with their lot, and their parents do not

claim them, the police cannot be expected to interfere. If they did, the consequences

would be very serious. The police would have to find a home for them, as I fear most

of the girls' parents are not in the Colony.

NG CHOY,

Acting Police Magistrate.

REPORT by the ACTING POLICE MAGISTRATE and ACTING CAPTAIN-SUPERINTENDENT

OF POLICE.

SINCE the passing of Ordinance No. 2 of 1875, the police have been in the habit of

bringing all suspected cases of illegally detaining children before the magistrates for

investigation , and if it appeared from subsequent inquiry that the child had been properly

treated, and that the defendant had acted with the parents ' consent, the case was

invariably discharged.

Although contracts for the purchase or sale of human beings are of course invalid in this

Colony it was not customary for the police to prosecute or the magistrates to punish either

parents or legal guardians who, according to Chinese custom, sold their children as

servants or for adoption, or those who bought children for either purpose from their

guardians, The practice while not prohibited by any law was generally regarded as

beneficial to those concerned, especially the children , who were rescued from destitution

and provided with homes in well-to- do families, without being deprived in any degree of

the protection of the English law, which guarded them against ill -treatment.

Buying and selling children by the Chinese has been considered a harmless proceeding ,

its only effect being to place the purchaser under a legal and moral obligation to provide

for the child until the seller chose to repudiate the bargain, which he could always do

under English law.

But when the Chief Justice on 6th October 1879, in his judgment in the case of

R. v. Li A-kak, pronounced all such bargains to be illegal, and stated that those who

contracted them should be prosecuted for dealing in slaves, my colleague and myself

considered that in future it would be our duty to commit all such cases for trial in the

Supreme Court.

On 10th October 1879, however, the magistrates received his Excellency the

Governor's Minute, on the correspond ence relating to the girl To Tsün Fu (a copy of

which I attach) , directing that no action should be taken in such cases until his

1

Excellency had learnt the views of the Secretary of State. In view of this Minute and

the judgment of the Chief Justice referred to above, I considered that the best course

to adopt would be to call on the defendants in each case to find security under

Section XXI. of Ordinance No. 8 of 1858 , to appear in Court to answer the charge at

249

85

any time within 12 months, if called upon to do so. I have accordingly followed that

practice in dealing with the few cases which have since come before me.

C. V. CREAGH,

Acting Police Magistrate and

28th June 1880. Acting Captain- Superintendent of Police.

[Copy . ]

POLICE MORNING REPORT of 15th October 1879.

Girl claimed. Owner

A GIRL named To Tsün Fu, aged seven, found straying on the hillside,

will be prosecuted.

claimed by Aú A-ping, No. 33, Queen's Road East, who states that he

bought her in his own country, about 12 months ago, for $ 35. Summons to be

taken out.

W. M. DEANE,

Captain- Superintendent of Police.

MINUTE by His Excellency the Governor.

No. 11. Has the Attorney General authorised this prosecution ?

16th October 1879. J. POPE HENNESSY.

MINUTE by the ACTING ATTORney General.

CERTAINLY not, and I never know of any prosecution like this, unless referred to me by

the Governor, until cases are committed .

J. RUSSELL,

16th October 1879. Acting Attorney General.

MINUTE by HIS EXCELLENCY THE Governor.

MR. MARSH ,

REQUEST Mr. Deane to make a special report, and on receiving it refer such report

to the Attorney General. I am awaiting the Attorney General's views on the statements

recently made by the Chief Justice, and it is my intention to submit the questions, when

I have received Mr. Russell's views, and the opinions of other experienced executive

officers, to the Secretary of State.

16th October 1879. J. POPE HENNESSY.

CAPTAIN-SUPErintendent oF POLICE to COLONIAL SECRETARY.

Victoria, Hong Kong,

SIR, 17th October 1879.

In accordance with the commands of his Excellency the Governor , I have the

honour to forward a special report concerning case 11 of Police Morning Report of

15th instant .

2. At 4.45 p.m. on the 14th October 1879, a girl named To Tsün, aged seven years, was

brought to No. 7 station by Mak A-chün, watchman, Shek-tong-tsui Battery, having

been found straying on the hillside. She was afterwards claimed by Aú A-ping,

accountant, No. 33, Queen's Road East, who stated that he bought her in his own

country, about 12 months ago, for $35, and brought her to this Colony about a month

ago to be a servant.

3. I directed that the child should not be given up until further inquiry was made,

and for that purpose a summons was applied for at the magistracy against Aú A-ping

for detaining the child in this Colony, under Ordinance No. 2 of 1875, Section VII.

4. The summons was granted and is remanded for hearing for one week.

5. The trial of such cases as above is no novelty, but the almost invariable result is

the discharge of the prisoner at the magistracy, if the magistrate is satisfied that the

defendant's story is true, and that the child is likely to be properly cared for.

I have, & c. ,

The Hon. W. H. Marsh, W. M. DEANE,

Colonial Secretary, Captain- Superintendent of Police.

&c. &c. &c.

PAY

86

MINUTE by the COLONIAL SECRETARY.

REFERRED to the Acting Attorney General.

W. H. MARSH.

17th October 1879.

MINUTE by the ACTING ATTORNEY GENERAL.

His Excellency the Governor is now in possession of the observations which I thought

the Chief Justice's declaration of the 6th October called for from me, and I think the

Governor will now the more clearly see the necessity of referring to the Secretary of

State the point (a) of my letter sent in yesterday.

I am glad to see from the minute on this document that his Excellency had already

determined on that course.

J. RUSSELL,

17th October 1879. Acting Attorney General.

P.S.-Mr. Deane should make complete private inquiry as to the truth of Aú A-ping's

statement, and get further adjournment.

J. RUSSELL .

MINUTE by the COLONIAL SECRETARY.

Submitted.

17th October 1879. W. H. MARSH.

MINUTE by HIS EXCELLENCY THE GOVERNOR.

LET the Captain- Superintendent of Police see these minutes, and also refer them to

the police magistrates to note. We had better not move in cases such as Mr. Deane

refers to in his letter of the 17th instant until I learn the views of the Secretary of

State.

18th October 1879. J. POPE HENNESSY .

MINUTE by the COLONIAL SECRETARY.

REFERRED to the Captain- Superintendent of Police, and then to the magistrates to

note.

18th October 1879. W. H. MARSH,

MINUTE by the CAPTAIN- SUPERINTENDENT OF POLICE.

Noted.

W. M. DEANE,

21st October 1879. Captain- Superintendent of Police .

MINUTE by the ACTING POLICE MAGISTRATE.

Noted.

C. V. CREAGH ,

28th October 1879. Acting Police Magistrate.

MINUTE by the POLICE MAGIStrate.

THE case forming the subject of this document was, in the first instance, adjourned

for a week upon the application of the inspector prosecuting, to enable him to obtain

further instructions in the matter. It was subsequently further adjourned on two

occasions through pressure of work. On the 27th instant Inspector Thomson brought

on the case, and Mr. Creagh and myself heard it under Section X. of Ordinance No. 2 of

1875, and after taking all the evidence for the prosecution , adjourned it until the

3rd proximo, to enable us to carefully consider the opinion expressed by the Chief

Justice in the case of Regina v . Keung A-to, in which he ordered the prosecution of the

purchaser of the child, and which appears to be a parallel case.

I beg to enclose the depositions in the case for the information of his Excellency.

C. B. PLUNKet,

29th October 1879 . Police Magistrate .

:

87

MINUTE by the COLONIAL SECRETARY.

Submitted .

29th October 1879. W. H. MARSH .

THE child ought, I presume, to be given up to defendant, if this has not already

been done, which does not appear from these papers.

29th October 1879. W. H. MARSH.

MINUTE by HIS EXCELLENCY THE GOVERNOR.

To the Acting Attorney General.

J. POPE HENNESSY.

30th October 1879.

MINUTE by the ACTING ATTORNEY GENERAL .

Mr. PLUNKET tells me that the magistrates have simply adjourned to consider what

they will do, and I have handed Mr. Plunket these papers, as he wants the depositions

to record his decision.

J. RUSSELL ,

31st October 1879. Acting Attorney General.

FURTHER MINUTE BY THE POLICE MAGISTRATE.

In R. v. Aú A-ping.

UPON the further hearing of this case upon its merits my colleague and myself dis-

charged the accused, and ordered the child to be given up to him.

C. B. PLUNKet,

12th November 1879. Police Magistrate.

Depositions retained .

MINUTE BY THE COLONIAL SECRETARY.

Submitted.

12th November 1879. W. H. MARSH.

MINUTE BY HIS EXCELLENCY THE GOVERNOR.

Read.

13th November 1879. J. POPE HENNESSY.

MINUTE BY THE ATTORNEY GENERAL .

I HAVE read the reports of the police magistrates, from which I gather that they have

acted upon what I conceive to be a generally correct view of their legal duty with

regard to questions brought under their notice in cases connected with the so-called

slavery system.

Having regard to the law, and to what I have seen of the steps taken to enforce it, I

know of no foundation for the charge of incapacity and inaction brought by the Chief

Justice against the police.

EDWARD O'MALLEY.

5th July 1880.

The Supreme Court, Hong Kong,

SIR, July 7, 1880.

You will receive, in due course, the Calendar of Cases tried at the Criminal

Sessions for June last. The diminished number of serious crimes in the Colony is as

creditable to the police as it is satisfactory to the public.

There were in the Calendar seven cases for trial, of which one resulted in an acquittal.

In the remaining six cases, there were eight several crimes, of which six convictions were

for kidnapping ; in other words, of the total convictions, gths or ths in number were for

kidnapping, a larger number and far greater proportion for such crimes than at any

former Criminal Sessions that I remember. In not one case of kidnapping do the police

appear to have intervened until their aid was demanded by parties interested.

88

In case No. 6, I thought it my duty to notice the fact that, although Chan Sz , the

brutal brothel keeper at Amoy, claimed to have purchased Chiu Tsan Kuk from her

uncle (a resident in this Colony) , and was ready to produce the bill of sale by him to

her, yet the police took no step to investigate that uncle's conduct, and that he was not

charged before the magistrate.

Case No. 6 confirms the view I have on former occasions expressed , that concubines and

adopted children are liable to be sold, and that they are in fact sold, at the caprice of their

master. In this case it is clear that the concubine and adopted daughter were imbued

with this as a common belief; and, so believing, they accepted as a fact the statement

made to them by the prisoner that their master had decided to exercise his right and to

sell them. This fear alone enabled the prisoner to entice them away.

I venture to express my satisfaction at the proposal by the Chinese community to

assist in putting down kidnapping, but their proposed action appears to me to fall short

of attempting to punish those who create the supply and the demand, -those who sell to,

and those who purchase from, these kidnappers. If these remain unpunished, kidnapping

will continue.

I say this without reference to the questions as to the adoption of children and the

condition of well-regulated domestic servitude.

I have, & c . ,

The Hon. Dr. Stewart, (Signed) JOIN SMALE,

Acting Colonial Secretary, Chief Justice.

& c. &c. & c.

No. 11 .

The RIGHT HON. THE EARL OF KIMBERLEY to GOVERNOR SIR J. POPE

HENNESSY, K.C.M.G.

SIR, Downing Street, November 26, 1880 .

I HAVE the honour to acknowledge the receipt of your Despatch of the 3rd of

September last. *

desire again to call your attention to the 20th paragraph of your Despatch

of 23rd of January last, † in which, after informing me that no prosecutions in connection

with adoption and domestic servants would be instituted pending the receipt of instruc-

tions from me, you proceed as follows :-" He (the Chief Justice ) further recommended

" that the Chinese should be told that no prosecutions as to the past would take place,

" but that, in future, in every case where buying or selling occured in connection with

66

adoption or domestic service the Government would undoubtedly prosecute . This

" recommendation appears to me to be reasonable."

2. The Attorney General, Mr. Phillippo, was of opinion that transactions of this nature

are not criminal, and as the enclosures to your Despatch dealt very fully with the con-

dition of children who are the subjects of these transactions, I thought it right, before

giving any instructions on the subject, to inquire, in my Despatch of the 20th

May, whether the statements in the enclosures, in the opinion of yourself and the Chief

Justice, are an accurate representation of the facts connected with the adoption of

children and domestic servitude in Chinese families ; and I also desired to know what

was the precise offence which, in the above-quoted 20th paragraph, you propose to

prosecute ; and whether you would prosecute it as an offence at common law, or under

any and what statute or ordinance . I also requested you to obtain certain information

Trom the Chief Justice. I have not yet received the answer to these questions, although,

in your Despatch § of the 23rd of June, you replied to a question respecting brothel

slavery which I asked in the same Despatch .

Shortly after this Despatch was sent to you I noticed, in the Hong Kong newspaper,

that the police had received orders not to prosecute in these cases ( sales of male children )

until the authority of the Government has been received, and I accordingly, in my

Despatch of the 30th June, inquired, " What is the ordinance or other law which

" confers jurisdiction upon the magistrate in such cases, and why special authority

" is to be obtained for such prosecutions, instead of their being undertaken in the

ordinary course ?" You now transmit some printed documents and inform me that

the letters and minutes in those papers explain the questions which I have put to you in

my Despatch.

* No. 10. † No. 1. ‡ No. 3.

§ No. 7. || No. 5.

253

89

I have carefully examined these papers, but I am unable to find in them the informa-

tion I require. The principal point which I notice in them is at page 1 , a complaint by

the Chief Justice of the incapacity and inaction of the police in not bringing before

the magistrates sales of children by their parents ; Mr. Creagh explains that the

Chief Justice having , on the 6th of October 1879, pronounced all such bargains illegal ,

and stated , that those who contracted them should be prosecuted for dealing in slaves,

the magistrates considered that in future it would be their duty to send all such cases for

trial ; and he refers to your minute, dated the 18th of October, stopping all prosecutions

until you learn my views ; and looking to the gravity of the issues which are involved

in this matter, to the fact that you differ from your own law officers, and to the marked

manner in which public attention has been drawn to the subject by Sir John Smale's

declaration from the bench, I must recall your attention to the 7th, 8th, and 9th para-

graphs of my Despatch of the 20th of May, and to my Despatch of the 30th of

June,t and request that you will transmit to me the information which I asked

for in those Despatches, and which is required in order to enable me to form a conclusion

on the subject, and to consult, if necessary, the law officers of the Crown on the legal

aspects of the case.

I have, & c. ,

Governor Sir J. Pope Hennessy . (Signed) KIMBERLEY .

No. 12 .

GOVERNOR SIR J. POPE HENNESSY, K.C.M.G. , to the RIGHT HON. THE EARL

OF KIMBERLEY.

(Received December 23 , 1880. )

Government House, Hong Kong,

(Extract.) November 13, 1880 .

I HAVE the honour to acknowledge the receipt of your Lordship's Despatch of

the 29th of September 1880 with reference to my Despatch§ of the 23rd June, on the

subject of brothel slavery in Hong Kong.

Having quoted an extract from my Despatch to the effect that the existing law

against slavery, if properly enforced by the police , should be sufficient to secure the real

freedom of the Chinese women referred to, your Lordship expresses the opinion that I

cannot have formed any distinct plan for grappling with this long-standing evil, and that

the Despatches I have written have reached no further than exposing the abuses

connected with the Government brothel system I found here, and especially the employ-

ment of informers . I venture, however, to point out to your Lordship that, in addition

to the agency mentioned in the extract from my Despatch, I indicated, in paragraph 5,

another source to which the Government would have also to look in dealing with this

subject, that is the co-operation of the leading members of the Chinese community.

I take some blame to myself for not having stated this more emphatically, as, in fact,

upon it depends the possibility of securing any beneficial effect in this important matter,

quite as much as upon the proper action of the police.

On receipt of the Despatch now under reply, I called for a précis of the recorded

views of the leading Chinese, and a statement of what the Chinese society your Lordship

had sanctioned in Despatch of the 20th May 1880 * had actually accomplished in this

matter, and on receiving this information I shall forward it without delay, when it will,

I think, be made clear to your Lordship that a beneficial effect has already been secured

by the action of the leading Chinese residents.

No. 13.

SIR JOHN SMALE to COLONIAL OFFICE.

(Extract.) July 15 , 1881 .

I also enclose a copy of the translation originally made by the translator to the

Police Court, and corrected by the translator of the Supreme Court, of a bill of sale of a

boy in 1879, of which I have the original, a form in general use up to the time when I

left, and from time to time produced in Court by prisoners as a justification of slave-

holding.

• No. 3. † No. 5. ‡ No. 9. § No. 7.

Q 2893.

90

Enclosure in No. 13.

An absolute BILL OF SALE of a boy made by a native of

WHEREAS, on account of daily maintenance being difficult to be obtained, 1 and my

partner, after mutual consultation, agree to sell my own son, aged eight years, born in

the hour of day month year.

I at first offered him to my relatives, which offer, however, was not accepted.

Through the intervention of one Lo Shap Yeung acting as a go-between, I was

introduced to a stranger (a Hakka) named U-wo-tong, who agreed to buy (my son), and

in the presence of both parties and the go-between the sum of taels of silver

in full was paid to the seller's own hand, and a document (bill of sale) was immediately

handed over to the buyer. This sum the seller has received in full for his own use.

This boy has not been kidnapped or anything of the kind. Should anything be found

to be wrong about him the buyer will not be responsible. The seller and the go-between

will clear up difficulties.

This boy is willing to be sold, (and the purchaser) is willing to buy with both consent.

The buyer is at liberty to take him home, and change his name and surname, and to

rear him up with prosperity. The seller has no right to redeem him in future.

If accidents befall him hereafter each accident will be regarded as the will of Heaven,

and no question will be raised about him.

To prevent any misunderstandings which might hereafter arise from a mere oral

agreement, this bill of sale is made out in writing, and handed to the buyer to be retained

by him as proof hereof.

In the presence of Lo- Shap Yeung, a go-between.

Kwong Shu, the 5th year, the 3rd intercalary month, of 30th day, this bill of sale of

my own boy was made (i.e. 20th May 1879) .

Translated by

Li Acheung, sworn interpreter.

4/6/79.

No. 14.

GOVERNOR SIR J. POPE HENNESSY, K.C.M.G. , to the RIGHT HON. THE EARL

OF KIMBERLEY .

(Received July 25, 1881.)

Government House, Hong Kong,

MY LORD, 15th June 1881 .

WITH reference to my view of certain legal questions relating to the so-called

slavery in Hong Kong* on which, as your Lordship points out, I differed with the late

Attorney General , Mr. Phillippo , I have had some opportunities of considering them in

consultation with Mr. O'Malley , the present Attorney General , and the result is that,

whilst I am clearly of opinion that there is nothing illegal in the ordinary mode of

adoption of Chinese children in this Colony, I still think that, in the particular case of

Tsang San Fat's child, I was not wrong in instructing Mr. Phillippo to prosecute

Leung A Tsit, as in that case there appeared to be some evidence that the child was

about to be taken out of the Colony, against the wish of the parents , to be sold in

Canton. This seemed to me to involve an offence at common law.

2. In reply to your Lordship's further questions I have the honour to state that

renewed enquiries confirm me in the opinion that the description given by the Chinese

community, and by Dr. Eitel in his report of the 25th of October† 1879, of the

adoption of children and domestic servitude in Chinese families, is correct ; and that any

abuses that may occur will be exposed by the Chinese Society, with which, under your

Lordship's instructions, the police are co -operating ; that no further change is needed in

the executive machinery now dealing with this matter ; and that no alteration of the law

on this subject is required.

I have, &c. ,

The Right Hon. the Earl of Kimberley, J. POPE HENNESSY.

&c. &c. &c.

* Vide Nos. 1 and 10. † Enclosure 11 in No. 1.

255

91

No. 15.

GOVERNOR SIR J. POPE HENNESSY, K.C.M.G. , to the RIGHT HON. THE

EARL OF KIMBERLEY.

(Received July 25, 1881.)

Government House, Hong Kong,

MY LORD, 15th June 1881.

In reply to your Lordship's Despatch of 31st December* 1880, asking for

particulars as to the two Contagious Diseases Ordinances of 1857 and 1867 having

caused an increase of brothel slavery, I submit herewith to your Lordship the following

considerations in support of the statement I made on this subject in my Despatch of

13th November† 1880, to which your Lordship refers.

2. That under the Ordinance No. 12 of 1857 the evils of brothel slavery were

intensified, and assumed day after day a graver aspect, would seem to have been the

opinion of the Registrar General, Mr. Cecil C. Smith, who, ten years after Mr. Labouchere

gave the instructions which your Lordship quotes, wrote on 2nd November 1866 as

follows :-

" There is another matter connected with the brothels, licensed and unlicensed, in

" Hong Kong, which almost daily assumes a graver aspect. I refer to what is no less

" than the trafficking in human flesh between the brothel keepers and the vagabonds of

" the Colony. Women are bought and sold in nearly every brothel in the place.

" They are induced by specious pretexts to come to Hong Kong, and then, after they

are admitted into the brothels, such a system of espionage is kept over them, and so

" frightened do they get, as to prevent any application to the police."

So far for the Ordinance of 1857.

3. As regards Ordinance No. 10 of 1867, there is the testimony of another Registrar

General, Mr. Lister, who stated before the Commission in 1877 that he does " not

" think the new Ordinance had any real effect, or could have had any effect, upon the

" sale of women." Such is indeed the case.

4. But there is yet the important question whether or not the condition of a woman

once sold into virtual slavery to the keeper of a licensed brothel was in any way

ameliorated by the Ordinance of 1867. As regards this point I am disposed to say that

the Ordinance No. 12 of 1867, by giving larger powers to the Registrar General, and

thereby indirectly to the Inspectors, with whom the practical working of the Ordinance

lies, made the condition of the unfortunate women sold to the keeper of a licensed

brothel worse than it was before. For, as the experienced police magistrate, Mr. May,

stated in 1877 in his evidence before the Commission, " the licensed brothel keepers look

upon the Inspectors as their protectors." There can be no doubt of the truth of what

Mr. Pang Ui- Shang told the same Commission, that " the fact of licensing these brothels

" gives the keepers a sort of official authority," and that " they boast of the protection

" of the inspectors." The natural consequence of this is that the unfortunate women,

who, on being conveyed into the Colony, bring with them an extraordinary dread of all

foreigners, have no courage to seek their freedom ; and, as inspector Lee stated before

the Commission, " if they had complaints would not make them."

5. Another mode by which the Contagious Diseases Ordinance of 1867 intensified

brothel slavery is to be found in the compulsory medical examination of Chinese women

by foreign doctors, a system which has never been applied to the licensed brothels

generally in Hong Kong, but only to those licensed for Europeans. Nevertheless, as

Governor Sir Richard MacDonnell stated, this compulsory medical examination was

kept in reserve for all brothels, " as a species of penalty that may be inflicted whenever

" the expediency of such a measure was decided on." But this very species of penalty

is one of the means by which keepers of licensed brothels enforce submission on the part

of the Chinese women. Mr. A. Lister, who had been entrusted with the working of this

Ordinance, stated before the Commission that " new women would almost have preferred

" going to the whipping- post," and that " the mere threat of sending them to

" examination was generally sufficient to keep them in order." Thus also the keepers,

by threatening to place their houses under medical inspection, gained power over those

women.

* No. 36 of [ C. 3093] , August 1881. † No. 12.

92

6. It is well known that the lot of a prostitute in a brothel in Canton has less of the

characteristics of slavery than the condition of a prostitute in a Hong Kong licensed

brothel. An intelligent Chinese gentleman lately stated, in explanation of this circum-

stance, that the reason why brothel slavery became intensified in Hong Kong was that

the prostitutes of Canton are near to their own kith and kin, subject to a civic control

that is itself subject to public opinion, and that the keepers of brothels in Canton have

not that semi-governmental character which the keepers of brothels here appear to derive

from their licences, the support of inspectors of brothels, and the power of compulsory

medication by foreign doctors.

7. Mr. Cecil C. Smith recorded in 1869 his opinion that, as regards brothel slavery,

" as long as the Chinese fail to assist themselves by giving information on such matters

" to the police it seems hard to find a remedy for this evil." So far I entirely agree

with him. I am happy to add, however, that the Chinese have come forward, and , with

your Lordship's sanction, have established a society for the protection of women and

children, which society is now giving the Government valuable assistance in this matter.

I have, & c. ,

The Right Hon. the Earl of Kimberley, ( Signed) J. POPE HENNESSY .

&c. &c. &c.

No. 16.

GOVERNOR SIR J. POPE HENNESSY, K.C.M.G., to the RIGHT HON. THE

EARL OF KIMBERLEY .

(Received July 25, 1881. )

Government House , Hong Kong,

MY LORD, 15th June 1881.

WITH reference to your Lordship's Despatch of the 27th of August 1880,* I have

the honour to report that the rules of the Chinese Society for the Protection of Women and

Children have not been finally revised yet. I have waited for an opportunity of con--

sulting Mr. Russell, who, before his recent visit to Europe, had dealt with some of the

points in question.

2. Meanwhile I am happy to say the Society works smoothly and is doing good .

3. The acting Chief Justice tells me that he finds these Chinese gentlemen of great

assistance in the detection of kidnappers. Their operations and influence will , I am

convinced, do more than anything else to put an end to whatever was really bad in the

native customs to which Sir John Smale objected .

I have, &c .

The Right Hon. the Earl of Kimberley, (Signed) J. POPE HENNESSY.

&c. &c. &c.

No. 17.

The RIGHT HON. THE EARL OF KIMBERLEY to GOVERNOR SIR J. POPE

HENNESSY, K.C.M.G.

SIR, Downing Street, 28 July 1881 .

I HAVE the honour to acknowledge the receipt of your Despatch of the 15th of

June,† in reply to mine of the 31st of December 1880, asking for particulars as to the

Contagious Diseases Ordinances of 1857 and 1867 having caused an increase of brothel

slavery.

2. My Despatch of the 26th inst.,§ communicating the conclusions at which I have

arrived upon the Report of the Commission, was completed before the receipt of your

Despatch under acknowledgment, and I have allowed it to proceed, as I do not find that

there is anything in this Despatch to alter the opinions which I have expressed .

3. You will observe that under the proposed new regulations the inmates of brothels

used by Chinese only, which form the majority of the houses, will be exempted from all

liability to medical inspection. This will remove entirely the objections stated in the

fifth paragraph of your Despatch.

⚫ No. 8. † No. 15.

‡ No. 36 of [ C. 3093] , August 1881 . No. 38 of [ C. 3093 ] , August 1881 .

257

93

4. I can quite believe that the women in these houses are in great dread of their

keepers, and " have no courage to seek their freedom ." Unfortunately recent

experience has shown that this state of things is not peculiar to Chinese brothels, but

exists also in European countries ; but I am not prepared to agree in the view that these

unfortunate women will be benefited by the withdrawal of all control over the houses in

which they are immured , although it would, no doubt, relieve the Government from a very

disagreeable duty if matters were left to take their course, and it would probably be more

in accordance with Chinese ideas and habits if no interference were attempted with their

peculiar brothel institutions. I view with much satisfaction the steps taken by the.

respectable Chinese to co-operate with the Government in their efforts to deal with this

evil ; and with their aid, and an intelligent and careful working of such regulations as I

have suggested, I should hope that a sensible check may be given to the nefarious

practices of the brothel keepers.

I have, &c.

Sir J. Pope Hennessy . KIMBERLEY .

(Signed)

No. 18.

GOVERNOR SIR J. POPE HENNESSY, K.C.M.G. , to the RIGHT HON. THE

EARL OF KIMBERLEY.

(Received September 12 , 1881. )

Government House, Hong Kong,

MY LORD, 4 August 1881 .

1. I HAVE the honour to submit to your Lordship the enclosed letters from Chief

Justice Sir John Smale on the so- called slavery in Hong Kong.

2. Some delay has occurred in obtaining the Attorney General's views on the subject,

but I hope to be able to transmit them by the next mail .

3. Since writing the despatches of 15 June 1881 * I have ascertained that the acting

Puisne Judge, Mr. Russell, has not seen reason to change the opinions he expressed about

о domestic servitude and adoption in this Colony in 1879. On these questions he concurs

generally in the opinions I had recently the honour of conveying to your Lordship.

4. The accompanying Report by Dr. Eitel gives a summary of the proceedings of the

Chinese Society, whose actions I provisionally sanctioned in January 1880. I venture to

recommend Dr. Eitel's valuable Report to your Lordship's attention.

I have, &c.

The Right Hon. the Earl of Kimberley, (Signed) J. POPE HENNESSY.

&c. & c. &c.

Enclosure 1 in No. 18.

The Colonial Secretary's Office ,

SIR, 25 June 1880.

THE Governor desires me to furnish you with the enclosed copy of a Despatcht

from the Earl of Kimberley with reference to the important observations made by your

Honour in sentencing certain prisoners in October last .

2. His Excellency wishes the whole of the Despatch to be sent to your Honour, as it

deals with a subject on every branch of which you have shown so great an interest, but

your Honour, no doubt, will notice that in paragraphs 7 and 9 the Earl of Kimberley

asks specifically for further information from you .

I have, & c.

To his Honour (Signed) F. STEWART,

Chief Justice Sir John Smale. Acting Colonial Secretary.

Nos. 14, 15, and 16. † No. 3.

94

Enclosure 2 in No. 18.

The CHIEF JUSTICE to ACTING COLONIAL SECRETARY.

The Supreme Court, Hong Kong,

(Extract. ) 26 August 1880.

I HAVE the honour to have received, by directions of his Excellency the Governor,

a copy of a Despatch, * dated 20th May 1880, from Lord Kimberley to his Excellency, on

certain declarations by me as to " Slavery in Hong Kong.'

I very much regret that until now (the vacation of the Supreme Court) various most

urgently pressing matters have so constantly occupied my time that I have been unable to

write to you on the subject. His Excellency the Governor is well aware of the great

pressure of work causing this delay.

In paragraph 3 Lord Kimberley says he would have preferred my addressing a

memorandum to the Governor in the first instance instead of my making a public state-

ment from the Bench.

His Excellency will agree with me that I have had hitherto no encouragement to take

such a step. But in all matters pertaining to the administration ofthe law and the social

state of the Colony in reference to them, I have on principle abstained from referring

to the Government ; to do so for any purpose would be to reduce the administration of

justice to a Department of the Executive.

His Excellency the Governor will , I am sure, remember that by letter and in frequent

conversations he expressed entire satisfaction at the course I had adopted on each

Occasion as being the best, if not the only method, to turn public attention and discussion

on to evils we both deplored, whilst it left the Government absolutely unpledged, either as

to opinion or action, and free to influence the Chinese community in Hong Kong in the

direction of an improved humanity.

My observations in Court arose out of cases of kidnapping ; and, according to the

practice of the Judges in England in their addresses to the Grand Juries, and on sen-

tencing prisoners, I did as I thought it was my duty to do. I traced the cause of the

kidnapping to the demand for domestic bond servants, as Dr. Eitel calls them , and

for brothels.

In the pamphlet at pages 4 and 5 respectively, I said on the 7th October I expressly

indicate these two, and these two only, as the specific classes of slavery in Hong Kong

as then rapidly increasing.

I have carefully read all that I said on that occasion, and I cannot find a sentence in it

which indicates any attempt by the Court to reach criminally cases of concubines (being

women other than first wives). This is especially patent in my summary of propositions

in the end of the first pamphlet.

At paragraph 6 his Lordship says the buying and selling of children for adoption or

domestic servitude has been condemned by me as slavery.

I nowhere find I have denounced such transactions " for adoption, " or that the Chinese

community attribute this doctrine to me.

Under certain conditions which are stringent, as to being of the same surname, &c. ,

99

adoption " is lawful in China, but, where some of these condtions are wanting, " adoption

is punished by the Penal Code of China. ( See Pamphlet, pp. 15 to 16. )

I am therefore disposed to think (though I believe I now say so for the first time) that

inasmuch as the Chinese conditions cannot as a rule exist in Hong Kong, in 99 cases out

ofevery 100 cases such adoption as exists here would , according to Chinese law, be illegal ,

à fortiori that it would be illegal according to English law, and that if the status of

owner and owned exist between the parties, that is slavery.

I nowhere see an authoritative statement of the religious character of the adoption ; the

authorities I have cited are to the contrary.

I find that the Chinese Ambassadors in England assert that the adoption has a religious

character. But on what authority ?

All that I contended for in what I then said beyond punishing kidnappers was to bring

within the cognizance of the law those who bought from such kidnappers-the receivers

of such stolen " chattels, -" leaving such buyers to set up and prove a justification if they

could.

His Lordship the Secretary of State in paragraph 4 states that the law as it stands

ought to be sufficient to meet all cases of kidnapping. I said at p. 17 that the law

"as it exists " is strong enough, and that its arm is long enough, to reach all these illegal

acts. I went further and directed the Attorney General to prosecute a man said to

have been a purchaser of a kidnapped boy, whom (it was said in evidence ) that purchaser

* No. 3.

259

95

boldly asserted his right to hold as his servant under a bill of sale which be produced

from the kidnapper. It was important, in the state of divided opinion, that when a case

that would clearly raise the question occurred, it should be the subject of legal decision.

I have also read carefully all that I said on the 27th of October 1879. It is equally

confined in its judgment to kidnapping and to punishing a " broker of mankind, -8

receiver of stolen children to sell them on commission.

On that occasion I briefly, but in respectful terms, referred to the petition of the

Chinese community. I shortly alluded to the statement therein mentioned, that

domestic slavery was a Chinese custom ; and I showed that the Chinese gentry in the

same way called infanticide a Chinese custom, and thus that the two stood in the same

category. I said that I desired no sudden or violent intervention.

I concluded at page 8 with a short exposition of the legal remedies for these public

wrongs as I thought them.

On the 31st March 1880, prisoners in four cases of kidnapping,-one most harrowing,-

were sentenced. What I then said is reported in a pamphlet from the " Daily Press .

I there lamented, and I am sure every right-minded man will concur with me, that it

was the fact that the very poor were punished and the rich escaped. In that case it

clearly appeared that one, Leong Ming Aseng, apparently a respectable tradesman, at

all events a man of means, had given $60 for a young girl aged 13 years, to one of the

kidnappers, and he took her away beyond the reach of her distracted mother, under

circumstances from which, it would seem, he must have known that the child had been

kidnapped. But although the facts were known at the Police Court, and this man

remained exceeding 10 days afterwards in the Colony, no charge was ever made against

him. After passing sentences at this time, I made some observations on the " patria

potestas " theory. Dr. Eitel having painted this condition in China in what I thought

too favourable colours, I quoted pp. 8 to 11 from Doolittle's " Social Life in China "

unquestioned testimony as to what " patria potestas " was in China before the con-

troversy now raised, and from Mr. Parker, Her Britannic Majesty's learned Consul at

Canton, as to its present state in China. After these quotations I simply asked, Can

greater tyranny, more unchecked caprice, be described or even conceived as inexcusable

over wife, concubine, child, or purchased or inherited slave ?-the quotations I made

being up to this time undisputed. These questions remain unanswered. I have my

own individual opinion, but I did not answer one of these questions. These short

extracts were forced on me by statements made publicly, and as counterparts to the

favourable picture of the patria potestas as drawn by Dr. Eitel. This is the only

passage in what I said on all three occasions, as to which it can possibly be suggested

that I went beyond the absolutely necessary limits of observation in order to support the

degree of punishment I awarded ; but what I said was necessary to introduce the expres-

sion of my conviction at p. 12 that none of the elements of the system of patria

potestas exist in Hong Kong, including of course adoption .

It is to this conviction that I point as the moral ground for enforcing English law

against kidnapping and buying and selling human beings.

The gravamen of all my complaints is, that the pauper kidnappers and sellers are

punished, whilst the rich buyers go free.

At page 13 I recognize the difficulties of the Government, and pay due tribute to the

respectable Chinese community, who, I am over and over again assured , entertain very

kindly and trusting confidence in me, whilst they differ from what I have said.

I have not gone beyond what I have above stated, except to say as a general pro-

position that I know of no case of domestic bondage for which, in my opinion, there is

not in an English Court of Justice a penal remedy. What the facts in each case may be

must form the evidence whether the servitude be bondage or not ; and as the facts differ,

so will the decision be different.

No case can come on for trial in this Court except upon an information by the

Attorney General . I have called on the Attorney General of the day to prosecute a

man against whom there was evidence that the boy he was keeping as a servant had been

bought by him direct from a kidnapper. The then Attorney General exercised his

discretion, and did not prosecute. I am absolved, but the responsibility is with the

Attorney General .

I am not conscious that I ever expressed a suggestion that a man should be prosecuted

for having paid a price for his concubine who lives with him, or for his having bonâ fide,

according to and within the custom in China, " adopted " a child.

These are, in my estimation, relations which must according to English law be held

to be illegal, and which Judges are bound to state to be illegal, but I never said that these

relations when bonâ fide should be interfered with,

96

I said on this last occasion, 31st March 1880, at page 13, " I know that the Governor

" has done much in this direction (i.e. in spreading respect for high-toned civilization,

England's mission) , but difficulties, national, social, official, and financial, beset him in

" reference to the special questions I have raised."

There are no difficulties in the way of carrying out the punishment of kidnapping, and

sellers and buyers of children, or of keeping children by the purchasers, or in selling and

buying women for brothels, or in dealing with cases of brutal bondage.

Although former legal advisers of the Crown have declined to bring some cases of this

class before the Court the Governor has always desired to do so, and such cases are now

brought before the Court. As a rule the present Attorney General has at every monthly

Criminal Sessions charged cases of kidnapping, and recently I know of no case in which a

case could be made out against the buyer from the kidnappers. It is, however, quite

clear that there must be buyers of children where so many utterly destitute persons

kidnap children as they do in Hong Kong, and they the buyers escape in fact .

At paragraph 9 his Lordship the Secretary of State requests the Governor to ask

me to specify the Acts of Parliament which I consider have not been enforced in Hong

Kong. I am not aware that on any of the three occasions on which I have spoken on

the subject I have said anything to give rise to the question. I have above referred to all

the passages in which I have said anything on the subject .

The Acts of Parliament prior to 1843 relating to the subject are collected in " Russell

on Crimes ;" and I have, on the three occasions above referred to, cited all the Acts and

Ordinances which I thought apply.

I have throughout all proceedings studiously confined myself to the legal view of the

subject, not attempting to interfere with the policy or administrative dealing with it, but

I may be forgiven if I here add that I think the evils complained of might be lessened, —

1. By a better registration of the inmates of brothels, and by frequently bringing them

before persons to whom they might freely speak as to their position and wishes, and by

such authoritative interference with the brothel keepers as should keep them well in fear

of exercising acts of tyranny.

2. By a stringently enforced register of all inmates of Chinese dwelling-houses , &c.,

(at least of all servants, ) with full inquiry into the conditions of servitude, and an

authoritative restoration of unwilling servants to freedom from servitude. This would

apply to the 10,000 ( 20,000 according to Dr. Eitel ) bond servants in Hong Kong.

regret if my action and language in reference to these matters have not been satis-

factory to his Lordship the Secretary of State. I have spoken from criminal facts and

circumstances deposed to in Court : the Chinese inhabitants and Dr. Eitel have spoken

from the favourable surroundings of respectable domestic life in China . The conflicting

views thus presented are but a reproduction of conflicting testimony in reference to

Negro slavery in the West Indies, and more lately in the United States . Very benevolent

persons, some my own friends, looking at facts from the respectable stand-point, thought

that such slavery was based on human nature, and conduced to the spread of Christianity.

But the contrary view prevailed. I am quite satisfied that the right view on this question

will ultimately prevail.

As a man I have very decided views on these subjects, but as a judge I feel it is not

for me further to debate them. I expressly retired from doing so on the 27th October

1879, page 7, although I thought it necessary in March last to comment on what I

thought to be an erroneous view of the patria potestas.

Enclosure 3 in No. 18.

The ACTING COLONIAL SECRETARY to the CHIEF JUSTICE.

Colonial Secretary's Office, Hong Kong,

SIR, 28th August 1881 .

YOUR Honour's letter of the 26th of August with reference to the Earl of

Kimberley's Despatch of 20th May 1880 , (a copy of which was transmitted to your

Honour in my letter of the 25th of June , ) has been laid before the Governor, who will

forward a copy of it to the Secretary of State .

I have, &c.

The Hon. Sir John Smale, (Signed) FREDERICK Stewart,

Chief Justice, Acting Colonial Secretary .

&c. &c. &c.

261

97

Enclosure 4 in No. 18.

CHIEF JUSTICE to ACTING COLONIAL SECRETARY.

The Supreme Court, Hong Kong ,

(Extract. ) 24th November 1880.

His Excellency the Governor has had the kindness to suggest through you to me

that in my letter to you, dated the 26th of August last, being a letter written in

consequence of the Despatch, dated the 20th of May 1880,* from Lord Kimberley to

his Excellency, I have not been sufficiently explicit in answering the enquiry contained in

the 7th paragraph of that Despatch .

I thought that I had in the 4th paragraph, and by the reference therein to the Pamphlet, †

pp. 15 and 16, annexed thereto, fully expressed my views ; but I will now proceed more

explicitly to state them. His Lordship says, paragraph 7, " I wish to be informed

" whether these statements (i.e. in the 6th paragraph) are admitted by the Chief Justice

66

as an accurate representation of the facts connected with the adoption of children and

" domestic servitude in Chinese families, and for what period and to what extent the persons

purchased for these purposes cease to be free agents ." My remarks immediately

following refer to the statements in paragraph 6 above mentioned .

I do not admit the statements of Dr. Eitel. They do not apply to Hong Kong, but they

may and probably do apply to certain respectable classes in China Proper, where China

family life proper exists. What I assert is that family life does not, in the proper Chinese

sense, exist in Hong Kong, and that although, under certain very restricted conditions , the

buying and selling, and adopting and taking as concubines, boys and girls in China Proper,

is permitted as exceptions to the penalties inflicted by Chinese law in China Proper, these

conditions do not exist in Hong Kong ; and that the conditions necessary to these

exceptions in their favour in the Chinese Criminal Code do not exist in Hong Kong, and

that the penalties in that Code would apply, ifin China, to all such transactions as I have

denounced in Hong Kong, of that I have no doubt.

Dr. Eitel's vindication is of a system as recognised in an express exception to the

Penal Code in China Proper, which may, for aught I know, work well in China. what I

have said is that the practices in Hong Kong do not come within the cases which are

only the exception to the penal enactments in the Chinese Code against all such bondage

in China.

I have never said, as the 6th paragraph attributed to me, as a general proposition , that

all buying and selling of children for adoption or domestic service is contrary to Chinese

law. What I have said is that all such buying and selling of children as has come

within my cognizance in Hong Kong is contrary to Chinese law ; but I do think that

buying and selling, even for adoption and domestic servitude under the best circumstances ,

constitutes slavery ;-legal according to Chinese law, but illegal according to British law.

"

Reference is made to Chinese gentlemen : I believe that not one of them has his " house '

in Hong Kong : the wife (small-footed) is kept at the family house in China. Each of

them has his harem only in Hong Kong. There may be an exception to this rule, but I

have never heard of any such exception . (I knew of one only of a Chinese gentleman,

who, for certain reasons , was afraid to return to China. )

As to those Chinese gentlemen who ( I refer to paragraph 6) in November 1878

petitioned to be formed into an association for the suppression of kidnapping and of the

purchase of females for the purposes of prostitution I think they have not shown their

bona fides ; for not a step has, so far as I know, been taken by them to form such an

association, which required no aid from the Government .

They refer to " these institutions " (of adopting sons, &c. ) , which do not as a rule exist

in Hong Kong .

I have not known a single case of adoption by a Chinaman in Hong Kong. They may

exist in China Proper, and possibly in Hong Kong, but they are not very prevalent there

(in China) . They are not in China Proper a sacred religious obligation, except in very

rare cases indeed, in which the conditions of clanship and other stringent conditions are

precisely complied with ; and they have as much to do with the necessities of the poor, and

no more than would be the case in England or Ireland in the time of a famine.

These Chinese gentlemen say that the children are well cared for. If girls eligible for

marriage or concubinage, they are sold for that, and form a profitable investment to a

Chinese gentleman. If not so eligible, they are sold for any, even the worst purpose,

-brothels according to my experience in the Criminal Courts of Hong Kong. If the

former, it may be that they do well ; but if the latter, no slavery is worse. ( See as to this ,

Mr. Francis ' memorandum herewith.) This as to females. And as to males the purchaser

* No. 3. † Enclosure 1 in No. 1.

Q 2893.

98

holds them till they can redeem themselves, and, according to my experience, generally

never.

Again, the Chinese gentlemen allege that if the adoptive parent or master does not do

his duty the actual parents have their remedy. The answer is, so far as Hong Kong is

concerned, the far greater number of actual parents are far away in China, have

entirely lost sight of the child, and are far too poor to seek a remedy in Hong Kong.

They would have a remedy, if they were present and knew it, but they do not know that

there is any remedy. They had their remedy from the first in China Proper. Well, a

remedy in the Mandarin Court, where the longest purse prevails, and into which a poor

man seldom dares to enter as a complainant.

Lastly, it is said that the lot of these children is far happier than if they had been left

to their ordinary fate. So say these Chinese gentlemen : so said the noble and the wealthy,

the much respected slave trader and holder, a century ago in England . The answer to

him then is the only answer for these Chinese gentldmen. It is a long one which presents

itself to every one who has studied the slavery and the slave-trade question.

Besides this long argumentative answer, one question must be answered :-Is it right

to do or sanction wrong that good may come ?

I repeat that I have never intended to attack the morals or the habits of the Chinese in

China Proper. I have always held that to be beyond my province. But when I have

denounced acts clearly contrary to English law, I have referred to Chinese law to

show that what I have thus reprobated as contrary to law in this Colony is also contrary

to Chinese law, not being even within the exceptions to its penalties in China

Proper.

It was an omission in my former letter not specifically to advert to paragraph 2 of

Lord Kimberley's Despatch, in which he enumerates four points which the papers he

refers to present for consideration . I supply that omission, referring to the four points.

I now do so seriatim.

(a.) As to kidnapping . This I brought into prominent public notice, and no one

objected that this was not desirable or even necessary to be made extensively known in

order that Chinese public opinion might be brought to bear, and, if necessary, be educated

as to it, and that it may be suppressed .

(b. ) Brothel slavery. No one has objected to what I have said or done in bringing

this evil into prominence, or has suggested that it ought not to be put down by all the

powers available.

(c.) Purchase for adoption and domestic servitude . In reference to the first branch of

this question- purchase for adoption,--I say that there has not been a single case of a

purchase for adoption that has come before me, or to which I have referred , in Hong

Kong. I never knew or heard of such a case in this Colony. If such a case should

arise in the Criminal Court, it will be time enough to deal with it. I anticipate that if

the conditions of the penal code of China Proper creating exceptions in its favour shall

have been complied with, or have been honestly intended to be complied with, that no

Attorney General would file an information against parties who have bonâ fide intended to

comply with the exceptions to the penal code of China. Nothing I have ever said tends to

show that such discretion not to prosecute would not receive my sympathy. And with

reference to the second branch of his Lordship's question under division (c. ) ,- purchase

for domestic servitude,-I at once said that I hold as an abstract question that every

purchase of a boy or girl to be held for the mere purpose of domestic servitude is, accord-

ing to English law, a misdemeanour. I presume that this would not be questioned in

the case of such a purchase without the concurrence of the parents .

I think that, even if the purchase were from the parent, it is still a misdemeanour within

the scope of English law, though the circumstances may be such as to reduce the moral

crime (as in cases of assault with extenuating circumstances) to a minimum . The law

of England, as I have learnt it, is that no one can sell his own liberty, or that of any

dependent ; that to sell or buy such liberty is an offence against the law ; and therefore, in

the absence of special penalty, a misdemeanour, to every phase of which Judges are bound

on conviction to bring the common sense applicable to each separate case in mitigating

circumstances.

So thoroughly is the wrong understood in England that it never arises there ; but the

wrong is universal here among the Chinese. Every Chinaman of substance has one or

more bond servants, as Dr. Eitel calls them, bought in this way, for which no one has cited

Chinese law as a justification. Chinese custom or practice, contrary even to Chinese law,

has been alone cited . I have elsewhere said what I understand to be practically the

condition of such boys, that they believe themselves to continue bound till by some

263

99

arrangement they work out their freedom ; and as to girls, till the Chinese owner repays

himself with a profit by their sale as wife, concubine, prostitute, or bond servant.

(d.) The legal effect of extra-jndicial declarations. I at once admit that I have always

thought that extra-judicial declarations are not legally binding as expositions of law.

They stand on the same footing as the dicta of Judges in the course of long argument

leading up to a judgment, which alone is legally binding. This distinction has been,

if I rightly remember, (as I read more than 30 years ago, ) emphatically drawn by Lord

St. Leonards in his " Law of Property administered by the House of Lords." The effect of

such dicta is simply to be tested by their being or not being in accord with truth and

right, and law and good sense.

The Judges in England have very frequently, almost as a habit, delivered extra-judicial

declarations. Lord Chief Justice Cockburn (apropos of nothing before the court) made

a very long and learned and most effective exposition of the law as to Regina v. Eyre

(see " Times " of April 11th, 1867) , and on every circuit Judges made extra-judicial decla-

rations in addresses to grand juries, and on sentencing prisoners, expounding new laws,

denouncing agrarian and trades union outrages and riots, and garotting, and expressing

views on special tides of crime and vice, as drunkenness, and on other local circumstances

generally. Eminent Recorders have done the same. I instance the late Mathew Daven-

port Hill, who, in his persistently recurring charges, " ictibus crebris," his motto to his

book to the grand juries of Birmingham, collected during the tenure of office, and published

in 1857, a work found in the library of every social reformer, of which he boasted that

they " provoked controversies. " These ended in the legislation of a system of reforma-

tories, of which no one ever said that his utterances were in excess of duty or propriety,

and of which all parties now approve.

It has, therefore, seemed to me to be the right and bounden duty on fitting occasions

for Judges in Colonies , where the law is less known than in England, to make extra-

judicial declarations when special circumstances call for them. I thought the state of

kidnapping, prostitution, and domestic servitude (or, as Dr. Eitel prefers it, bondage)

required the light of public opinion, and the education of public opinion, to be brought to

bear on them. I therefore made extra-judicial declarations thereon , of which I say with

confidence that his Excellency the Governor has not in a single instance expressed

disapproval.

Although I have acted on a decided conviction that the course I have adopted was

my duty, I.have on the other hand always fully appreciated the special difficulties of a

Governor here, who naturally desires to lead rather than to drive the Chinese community

in reference to these questions.

(e. ) And, finally, as to the power of a Judge to direct prosecutions. The state of my

opinion on this point is clearly expressed at paras. 17 and 18 of the pamphlet* annexed.

I thought it to be my duty (and in a sense within my power) to direct a prosecution as

the only constitutional way open to me, in order to prevent the escape from trial of a

supposed culprit, to set in motion those whose duty it is to prosecute, when upon the

trial of a case criminality appeared primâ facie to rest on a party not under prosecution.

I stopped there. It will be seen that I said that thereupon the responsibility was shifted

from the Judge, and rested on the public prosecutor.

That responsibility extends to considering and investigating the case, and thereupon

proceeding or not with it, as the evidence may call for, or as under all circumstances may

be expedient, just as in any other case, and no further.

In this, I thought, and still think, that I was acting according to precedent. I know

of no express authority in the books for such direction ; the larger portion of judicial

action is without such proceedings, but I feel sure that I have seen cases in which

Judges in England have directed such prosecutions. They have been, according to my

memory, in the habit of giving directions to the police to prosecute, and to other

officers. Their right to do so is because they are, according to Lord Coke and to

Chief Baron Comyns, the sovereign justices of the peace. (The Judges have by

ordinance equal authority within this Colony.) I incline to think that these directions

in England or in this Colony are of no legal obligation , creating misdemeanours for

non-obedience, but they create serious responsibilities officially affecting the officer to

whom they are given in case of any miscarriage if the direction is not followed. The

practice seems to me to be useful when reserved for special occasions. Believing that

there has been such a practice, I know of no principle or precedent to the contrary

So far as I remember, the only occasion in which I have directed a prosecution was

against a Chinawoman who bought a kidnapped child under circumstances which

Enclosure 1 in No. 1,

100

showed she must have known that the child had been kidnapped . That was a clear

primâ facie case within one of our ordinances.

I trust I have now satisfactorily referred to all points contained in Lord Kimberley '

Despatch.

A very long time has elapsed since I received your letter forwarding that Despatch

in June last ; but the delay has been advantageous, as it has enabled me to obtain a

memorandum on the subject (enclosed) by Mr. Francis, barrister here, and for a year

acting Puisne Judge in the place of Mr. Justice Snowden. I write on this subject

from an experience in Hong Kong since early in 1861 ; Mr. Francis from a very

extensive experience both in China Proper and in this Colony since some years

previously.

As advocate in the Kwok-a- Sing case, the coolie who was charged with murder in

respect of killing the Captain in the " Nouvelle Penelope " tragedy in 1871 , Mr. Francis

of necessity studied the matter fully, and the whole law on the subject of slavery ( or

bondage) in every form here, with a viewto that case ; and, without professing to be able

to vouch for all the statements and conclusions in his exhaustive memorandum, I think

it a most valuable and truthful and painful statement of facts, and view of the questions

to which this letter and my letter of the 26th August refer.

I ask attention to the conclusions he sets forth at the end of the memorandum , -

conclusions which flow from the facts collected, -conclusions entirely inconsistent with

the views set forth by Dr. Eitel, and the assertions of the Chinese gentlemen as they

affect Hong Kong.

I must here repeat that the bona fides of the request of these gentlemen to be allowed

to associate to put down kidnapping in 1878 has been best tested by their, so far as I

know, entire inaction ever since.

Enclosure 5 in No. 18.

Memorandum on the subject of SLAVERY in HONG KONG, and on the STATE of the Law

as applicable to such SLAVERY.

1. Hong Kong was obtained by conquest and cession from China . It, therefore,

belongs to that class of Colonies technically known as Crown Colonies (as distinguished

from Settled Colonies) , in which the power of the Sovereign in respect of legislation is

absolute. The inhabitants retain their own laws and institutions by sufferance only, and

only until the Crown sees fit to alter them.

2. In accordance with this well recognized principle, the Proclamation of the

1st February 1841 , notifying to the inhabitants of Hong Kong the cession of the Island

to Great Britain, promised them the enjoyment of their own laws, customs, and usages,

pending Her Majesty's further pleasure," and no longer.

3. Her Majesty's pleasure was declared :-

First. By a special proclamation, dated the 24th January 1845, in which it is notified

that "the Acts of the British Parliament for the Abolition of the Slave Trade and for

"9

" the Abolition of Slavery extend by their proper force and authority to Hong Kong,'

and will be enforced by all Her Majesty's officers, civil and military, within the

Colony.

Secondly. By Ordinances 6 of 1845 , 2 of 1846, and 12 of 1873 , by the combined

operation of which the law of England, common and statute, as it existed on the 5th day

of April 1843 , became the law of Hong Kong.

4. From the date of the Ordinance 6 of 1845, therefore, the Common Law of England

became the law of Hong Kong, and the rights, duties, and relations of all persons within

the Colony became subject to the rules of the Common Law ; all Chinese law, usage,

and custom to the contrary notwithstanding. The relations of husband and wife, parent

and child, guardian and ward, master and servant, whatever they may have been while

Hong Kong was Chinese, became from the date of that Ordinance what English law

made them, and nothing more nor less . And ever since, whenever any case involving

the consideration of these relationships has come before the Courts, English law has

always been applied ; never Chinese usage or custom . If concubinage , domestic

servitude, the right of adoption, &c. &c. , have prevailed in Hong Kong, they have been

simply tolerated, not legalized.

265

101

5. With the rest of the Common Law came the doctrine enunciated by Lord Mansfield .

in Somersett's case, when he said :-

" The state of slavery is of such a nature that it is incapable of being introduced on

" any reasons, moral or political, but only by positive law." " It is so odious that

" nothing can be suffered to support it but positive law." Whatever inconveniences ,

therefore, may follow from the decision, I cannot say this case can be approved of by the

law of England.

In the case of " Fæteine " ( 1 Dods. Adm. Reports 856) slavery is declared “ repugnant

" to the law of nations , to justice, and to humanity."

6. Such being the nature of slavery in the eye of law here existing, there can be no

difficulty in treating any act of slave-holding or slave-dealing as an offence at Common

Law. It would come under the head of " Undefined Misdemeanours," as defined by

Stephens in his Digest of the Criminal Law, Art. 160, p . 95 , note 1 .

7. But in addition to the declarations of the Common Law on the subject, these are in

full force in Hong Kong :-the Act of the 5th George IV. c. 113, the Act of the

3rd & 4th William IV. c. 73, and the Act 6th & 7th Victoria, c. 98, which have in the

widest possible terms abolished slavery throughout the British dominions.

These Acts declare it unlawful for anyone owing allegiance to the British Crown,

whether within or without the dominions of the Crown, to hold or in any way deal in

slaves, or to participate in any way in such dealing, or to do any act which would

contribute in any way to enable others to hold or deal in slaves.

8. This simple declaration, if it stood alone, would make every act of slave-holding or

slave-dealing a misdemeanour ; but the Acts themselves make it piracy, felony or

misdemeanour, as the case may be, to do any of the acts declared to be unlawful.

9. These Acts further declare that persons holden in servitude as pledges or pawns

for debt shall, for the purposes of the Slave Trade Acts, be deemed and construed to be

slaves , or persons intended to be dealt with as slaves.

10. Hundreds of persons are held in such servitude as pledged or pawned in Hong

Kong, and not one of the parties to such transactions has ever been proceeded against

under these Acts.

11. In addition to the above-mentioned Acts of George, William , and Victoria, there

is also the Imperial Act, entitled " The Slave Trade Act, 1873, " (34 & 37 Victoria,

c. 88,) which consolidates the laws for the suppression of the Slave Trade, and which is

in force in Hong Kong by its own authority. We have also the provisions of the Local

Ordinance 4 of 1865, section 50 and 51 , and 2 of 1875.

These provide especially against-

(1.) The forcible taking or keeping of any person, with intent to sell or obtain a

ransom for such person.

(2.) The taking or keeping by force or fraud of any child under the age of 14 years,

with intent to deprive any person entitled thereto of the possession of such child, or

with intent to steal from such child.

(3.) The bringing into the Colony of any woman or female child, sold or purchased

outside the Colony, for purposes of prostitution, or with intent to sell them within the

Colony for such purpose.

The bringing into the Colony by force or fraud of any person for purposes of emigra-

tion or for any purpose.

(4. ) The receiving or harbouring any woman or female child, knowing that she has

been bought or sold for purposes of prostitution, or with intent that she may be bought

or sold.

(5.) The detaining by force or fraud of any person for purposes of emigration, or for

any purpose whatsoever.

The detaining by force or fraud of any woman or female child, with intent that she

may become or be induced to become a prostitute.

(6.) The selling or purchasing of any woman or female child for purposes of prostitu-

tion .

The deriving any profit from any such sale or purchase.

The inducing by any fraudulent means any woman or female child to prostitute

herself.

12. Offences against the provisions of these Ordinances relating to emigration and

emigrants now very rarely come before the Courts . When contract emigration to Peru

and Havannas was ruthlessly stripped of its disguises, and declared to be slavery, it came

to an end, the man-stealing, and the buying and selling of men, to which it had given

rise. Offences against the provisions of these Ordinances , so far as they relate to women

or children, are still very common, and are growing more numerous every day ; and until

102

the system of prostitution which prevails in this Colony, and the system of breeding up

young girls from their infancy to supply the brothels of Hong Kong, Singapore, and San

Francisco, is declared to be slavery, and is treated and punished as such in Hong Kong,

no stop will ever be put to the kidnapping of women and the buying and selling of

female children in Hong Kong. This buying and selling and kidnapping is only an

effect of which the existing system of Chinese prostitution is the cause. Get rid of that,

and there is an end of kidnapping.

13. The Chinese custom of adoption, whether of boys for the purpose of continuing

the family and worship of ancestors, or of girls for the ordinary purposes . of domestic

service, is not the foundation of all this buying and selling of women and girls ; it is

only the pretext and excuse.

14. In the first place, the buying and selling of boys is rare, as compared with the

buying and selling of girls. There are very few families , in the proper sense of the word,

living in Hong Kong. Almost all the better class of Chinese here have their wives and

families in China. If male children are wanted , the transaction takes place at the place of

residence of the father of the family, and not in Hong Kong. It can be but very seldom

& son has to be purchased, as, if the first wife does not present her husband with a male

heir, he takes a second or a third wife, and gets a son in that way. Still children (males)

are bought and sold in Hong Kong for adoption, and in their respect strict Chinese

custom may possibly prevail. They may become by such sale sons, not slaves.

In the second place, as to the girls. There are so few bona fide Chinese families of any

means living in Hong Kong that the purchase and sale of female children for the purpose

pure and simple of domestic service or servitude can be but very small. Girls are not

bought and sold in Hong Kong for domestic servitude under the Chinese custom. They

are bought and sold for the purpose of prostitution here and elsewhere, and instead of

being apprentices to the domesticities, and of being brought up to be good wives and

mothers, they are bought and sold ,-brought up and trained for a life of prostitution, a

life of the most abject and degrading slavery.

By the last census there were in Hong Kong 24,387 women (Chinese) to 81,025

Chinese men .

What that means is easily told . Of these 24,000, the late Mr. May was

of opinion that 20,000 or five-sixths " come under the denomination ""of prostitutes to

" whom money being offered they would consent to sexual intercourse.

A Chinese doctor of large experience fixed the number of quasi respectable women at

a fourth of the whole number, or say 6,000, leaving 18,000 prostitutes. These opinions

were taken and adopted by the C.D.O. Commission 1877-79. See their Report, page 31 .

Who and what are these prostitutes who form by far the greater bulk of the Chinese

female population of Hong Kong. The Report of the C.D.O. Commission, answers the

question :-" The great majority of them are owned by professional brothel keepers or

" traders in women in Canton or Macao, have been brought up for the profession, and

" trained in various accomplishments suited to brothel life, and have actually breathed

" the atmosphere of brothels for years before attaining maturity. They frequently know

" neither father nor mother, except what they call a ' pocket mother,'- that is, the woman

" who bought them from others .'

They feel, of course, that they are the bought property of their pocket mother or

keeper.

They have the chance of being taken as second, third, or fourth wife of some wealthy

gentleman, " or they may endeavour to raise money by singing, music, and prostitution

their freedom, but to set up for themselves, buying,

66 combined, and not only to purchase

rearing, and selling girls to act as servants, concubines, or prostitutes, or they may

finally come to keep brothels for wealthy capitalists or speculators."

" There is further a certain proportion of Chinese prostitutes in Hong Kong who have

by the hands of their parents or husbands been mortgaged or sold into temporary

" service as prostitutes ."

" There is, however, one class of women in Hong Kong who can scarcely be called

prostitutes, and who have no parallel in China outside the Treaty Ports or in Europe.

They are generally called ' protected women .' She resides in a house rented by

her protector, who lives generally in another part of the town ; she receives a fixed

salary, and sublets every available room to sly prostitutes, or to women keeping a sly

brothel."

" The principal points of difference between the various classes of Chinese prostitutes

" of Hong Kong and the prostitutes of Europe amount therefore to this : that Chinese

prostitution is essentially a bargain for money, and based on a national system of

female slavery."

267

103

" There are natural causes at work (among the Chinese) which almost necessitate

" prostitution, · excessive over-population national

" system of polygamy, · legalized concubinage

" the universal practice of buying and selling females, combined with the system of

" domestic slavery ."

" This intermixture of female slavery with prostitution has been noticed in Hong Kong at

99

" the very time when the Legislature first attempted to deal with Chinese prostitution .'

All these extracts are from pages 3, 4, 5, and 6 of the Report of the C.D.O. Com-

mission.

Again at page 45 of the Report may be read :-

" There can be no doubt that, with the exception of a comparatively few who have

" been driven by adversity to adopt a life of prostitution when arrived at a mature age,

" the bulk of girls are, in entering brothels, merely fulfilling the career for which they

" have been brought up.'

It seems to us (the Commissioners) , having regard to the evidence given us by the

brothel-keepers whom we examined, that everything that strikes foreigners as most

objectionable flourishes practically unchecked within the regulated institutions.

Young girls, virgins of 13 or 14 years of age, are brought from Canton or elsewhere

" and deflowered according to bargain, and as a regular matter of business, for large sums

" of money, which go to their owners, frequently it would appear their own parents .'

(Evidence of Ho A-yee, answers 1203 to 1209, 1227 to 1230, pages 30 and 31. ) " The

86

regular earnings of the girls go to the same quarters, and the unfortunate creatures

" obviously form subjects of speculation to regular traders in this kind of business who

" reside beyond our jurisdiction.'

At pages 29, 30, and 31 of the evidence taken by the C.D.O. Commission is to be

found the evidence of Ho Tai Ngan (answers 1160 to 1198) , Ho A-yee (answers 1199 to

1263) , Leong A-you (answers 1264 to 1285) , all keepers of first-class Chinese brothels

in Hong Kong, having 37, 26, and 20 inmates respectively.

What is their story ? It requires a capital of $2,000 to start a first- class brothel. Its

staff numbers over 100 people. Its monthly expenses are about $700. The

girls' ages vary from 16 to 24. They are owned in Macao and Canton. They are

bought as infants . They are brought up in Canton in family houses ; nurses are

employed to bring them up . They come to Hong Kong at 13 or 14, and are deflowered

for a special price, which goes to their owners. Seven girls earn about $100 a month.

The owner gets the whole of that, and even gets presents given to the girls, who are

allowed three or four dollars a month pocket money. The girls can buy their discharge,

but Ho A-yee never knew an instance of that being done.

When some of the girls are sent away on account of age, new ones are got from

Canton. There are about 8 or 10 changes a year (among 20 girls) ; they remove into

other Chinese brothels, or go back to Canton . No woman is kept in a first- class Chinese

brothel after 24 years of age. Then if they are not married , the parents (pocket

mothers) take them away. What becomes of them is not known . They become, perhaps,

hairdressers, servants or prostitutes in other brothels .

If these girls are not slaves in every sense of the word, there is no such thing as slavery

in existence. If this buying and selling for the purpose of training female children up for

this life is not slave-dealing, then never was such a thing as slave-dealing in this world.

As Dr. Eitel points out in his Report of the 25th October 1879, almost every protected

woman keeps a nursery of purchased children, or a few servant girls, who are being reared

with a view to their eventual disposal, according to their personal qualifications, either

among foreigners here as kept women, or among Chinese residents as their concubines,

or to be sold for export to Singapore, San Francisco, or Australia.

There are 18,000 to 20,000 prostitutes in Hong Kong, to 4,000 or 5,000 respectable

Chinese women. The bulk of these prostitutes, those from 16 to 25 , are slaves owned by

persons residing here, in Macao, Canton, or elsewhere . The rest have been prostitutes,

and are brothel-keepers, or breeders and trainers for the brothels.

Nine years is the outside limit of a prostitute life, as a money-making machine, barring

all accidents . Five years is, it may be fairly assumed, the average. Once in five years

the stock has to be renewed

It is for this purpose, and not for the legitimate or quasi legitimate purposes of Chinese

adoption and Chinese family life, that children and women are kidnapped and bought

and sold.

What is said by the Chinese themselves in their Memorial to the Governor of the

9th November 1878, asking leave to form an association to suppress kidnapping ?

L

--

104

They speak of " go-betweens, and old women who have houses for the detention of

kidnapped people, and, as it may be, inveigle virtuous women or girls to come to Hong

Kong at first, deceiving them by the promise of finding them employment and then

"

proceeding to compel them by force to become prostitutes, or export them to a foreign

66

port, or distribute them by sale over the different ports of China,-boys being sold to

" become adopted children, girls being sold to be trained for prostitution ."

The same gentlemen say in another place, " Hong Kong is the emporium and thorough-

" fare for all the neighbouring ports. Therefore those kidnappers frequent Hong Kong

" much, it being a place where it is easy to buy and sell."

There is no necessity to make further citations.

The published papers on the subject, ( 1 ) the Report of and Evidence taken by the

C.D.O. Commission, and (2) the Papers published in Government Notification No. 28,

of the 4th February 1880, show in the clearest possible manner,-

1. That there is relatively little or no family life in Hong Kong amongst the Chinese,

and therefore no legitimate demand for either adopted male children or for female

domestic servitude.

2. That from three-fourths to five-sixths of the Chinese women in Hong Kong are

prostitutes or living directly by prostitution.

3. That the bulk of these prostitutes are slaves, bought and trained up at considerable

i

expense for the purpose, owned here, at Canton or Macao, prostituted for the sole profit

of their owners, redeemable only by purchase, and rarely able to purchase their own

freedom . Ho Tai Ngan says in her evidence that she never knew such a case.

4. That every Chinese woman who is not in the actual practice of prostitution engages,

if she can get the means, in buying and rearing girls to the work.

5. That Singapore, Australia, and San Francisco are supplied from Hong Kong with

prostitutes, kept women, and concubines.

6. That the profits of this trade are so great, and the demand so strong, that Chinese

men and women are daily tempted into a career of open crime as kidnappers of women

and children to supply the demand not sufficiently supplied by the breeders.

7. That there is a veritable slave class and a genuine slave trade carried on in Hong

Kong, and that on a very large scale indeed.

8. That the prosecutions under the Local Ordinances only touch the fringe of this

garment of crime, only the abuses that have grown out of this tolerated slavery and

slave trade.

9. That until this slave -holding and slave-dealing is entirely suppressed the grosser

abuses arising out of it and incidental to it (kidnapping of women and children) can

never be put an end to.

(Signed) J. J. FRANCIS,

1st October 1880. Barrister-at-Law.

1

Enclosure 6 in No. 18.

CHIEF JUSTICE to ACTING COLONIAL SECRETARY.

1

The Supreme Court, Hong Kong,

SIR, April 2nd, 1881 .

I have the honour to refer to my letters to you ; viz . to, first , a letter dated

August 26, 1880 , being my reply to your letter, with remarks on the official Despatch

from the Right Honourable Lord Kimberley, dated May 20, 1880 , to his Excellency

the Governor, respecting kidnapping and domestic slavery ; to secondly, a supplement

ary

letter, dated November 24th , 1880 , being my letter to you containing further observatio

ns

on kidnapping for brothel slavery , adoption and domestic slavery , and on my extra -judicial

declarations thereon ; with its enclosure of a Memorand , dated October 1st , 1880 ,

um

by Mr. J. J. Francis, barrister-at-law, on slavery in Hong Kong , and on the state of the

law as applicable to such slavery .

I had hoped that these letters would have been forwarded last year, in the belief that

they might have induced a less unfavourable view by Lord Kimberley of my judicial

action as to these matters, and with the more important object of presenting what appears

to me to be the great gravity of the evils I have denounced as they affect the moral

status of the Colony, in order that some remedy may be applied to them, either under the

269

105

law as it now stands, or if, contrary to my opinion, the present law is held to be ineffectual

then under some law to be enacted to meet the mischief.

I am informed that His Excellency the Governor has been unable to obtain the opinion

of the Attorney General on the points raised . I can quite understand, therefore, that it

might be improper for His Excellency the Governor to forward my letters without that

legal advice thereon by which he is constitutionally to be guided .

I the less regret that my letters have not been forwarded, because time strengthens the

case for stringency in suppressing the evils which I have denounced .

Enclosed I forward an extract from the Criminal Calendars of convictions for kidnapping,

eight in number, and for almost unprecedented brutal assaults on bought children, two

in number, during the three first months of this year.

I also forward reports froin the newspapers of my observations on passing sentences on

some ofthe prisoners convicted .

The cases of kidnapping present very little of novelty, except perhaps a slight increase

in numbers convicted, owing to more prompt denunciations by China men and women,

-a very hopeful sign . But, considering the special waste of life in brothel life, and the

general want of new importations to keep up the bondage class of 20,000 in this Colony,

the cases of kidnapping detected cannot be one half per cent. of the children and women

kidnapped .

The two cases of brutal treatment of young girls by purchasers, their pocket mothers,

one little girl having had her leg broken by beating her, and the other having been

-

shockingly and indecently burnt, both probably weakened for life, illustrate the cruel

passions which ownership in human beings engenders here, as it ever has done elsewhere.

In a case now before the magistrate the evidence tends to show that a girl 13 years of age

was bought by a brothel -keeper for $200, and forced, by beating and illtreatment, into

that course of life in a brothel licensed by law. Subject to such surveillance as these houses

are by law, it seems to me that such slavery is easy of suppression .

In a few remarks at the end of passing sentences on the 24th March I have expressed

my views of the present state of the question.

I have now, I presume, concluded my judicial labours in reference to these subjects .

It is due to His Excellency the Governor that I should take this opportunity to repeat

what I have very frequently said, that he has honoured me with sympathy in most of my

views. But I can well understand that the questions involve many considerations of

expediency which naturally weigh with him in opposition to my judicial views, and that

political and legal considerations and opinions naturally influence him ; but I feel grateful

to him for the friendly and generous way in which he has treated this matter, and for his

general courtesy, as well when we have differed as on the more frequent occasions when it

has been my pleasing satisfaction to concur with him, ever since his arrival in the Colony.

I have, & c.

The Hon. F. Stewart, LL.D. (Signed) JOHN SMALE ,

&c. &c. &c. Chief Justice.

Enclosure 7 in No. 18.

LIST of CASES of KIDNAPPING, eight in number, and of BRUTAL ASSAULTS on BOUGHT CHILDREN, two in

number, CONVICTED at the CRIMINAL SESSIONS for MONTHS of JANUARY, FEBRUARY, and MARCH 1881 .

Extracted from the Criminal Calendars.

No. in Name ofPrisoner. Crime. Date of Trial. Verdict. Sentence.

Calendar.

JANUARY.

Wong A-Ping Unlawfully by force leading away a 20th January - Guilty 1st February 1881.

child under the age of 14 years, Three years' penal servitude.

with intent to deprive the father

of the child of its possession.

1. Leung A-Kit. Unlawfully by force leading away a 20th January . Both prisoners guilty 1st February 1881.

2. Wong A-Cheung. child under the age of 14 years, unanimously. First prisoner three years'

with intent to deprive the father penal servitude. Second pri-

of the child of its possession. soner one year's imprison-

ment with hard labour.

I. Lai a Chaw. 1. Unlawfully by force leading away 8th February - First prisoner guilty on 8th February 1881.

2. Leong A-Mi. a child under the age of 14 years, first count, not guilty First prisoner three years'

with intent to deprive the person on second count, penal servitude. Second pri-

having the lawful custody of the unanimously. Second Boner one year's imprison-

child of its possession. prisoner guilty on ment with hard labour.

2. Unlawfully by force detaining the second count, not

said child with the same intent. guilty on first count.

Q 2893.

106

No. in Name of Prisoner. Date ofTrial. Verdict. Sentenco.

Calendar. Crime.

FEBRUARY.

Lam A-Chun . Unlawfully and by fraud enticing 18th February Guilty 9th March 1881.

away from this Colony a woman Two years' imprisonment with

named Li Shau Ho for the pur- hard labour.

poses ofprostitution.

Yau A-Fung. Unlawfully and by force detaining 19th February First and fourth pri- 7th March 1881.

Ng A-Fong. and taking away a child named soners guilty; second First and fourth prisoners two

In A-Cheung. Kwok A-I under the age of 14 and third prisoners years' imprisonment with

Un A-Po. years, with intent to deprive the not guilty. hard labour, and to be kept

father of its possession. in solitary confinement for

two months in each year, not

exceeding one month at any

MARCH. one time.

Mak A-Pang. Assault on bought girl, occasioning 2nd March Both prisoners guilty 9th March 1881.

Tang A- Lon. actual bodily harm. Three years' penal servitudo

ench.

Chan San Unlawfully and by fraud enticing 18th March Not guilty.

into this Colony a boy named

Leung A-Wing for the purpose of

selling him.

1. Ching A-Chau. Unlawfully and by force detaining 19th March Second, fourth, and fifth 24th March 1881.

2. Chau A-Num . within this Colony one Chau A-Fat prisoners guilty : first, Two years' imprisonment with

3. Au A-Pat. for the purpose of selling him. third, and sixth not hard labour each.

4. Chan A-Cheung. guilty.

5. Li A-Yeung,

6. Lau A-Ng.

3 Iam A-Yau Assault ona bought girl, occasioning 18th March Guilty 24th March 1881.

actual bodily harın. Three years' ponal servitude.

1. Chau A-Lam. Unlawfully and by fraud enticing 19th March Both prisoners guilty on 24th March 1881.

2. Lai A Yik. intothis Colony a boy named Chau both counts. Three years, penal servitudo

A-Yun for the purpose of selling each.

him.

Enclosure 8 in No. 18.

Taken from the " Daily Press " of 10th March 1881 .

Supreme Court, 9th March.

Before His Honour the Chief Justice Sir JOHN SMALE.

SLAVERY.

His Lordship now passed sentence on Lam Achun as follows :-

You, Lam Achun, have been found guilty by the Jury of having enticed away a

woman named Li Shau Ho from the Colony, for the purpose of prostitution, on the

15th of November 1880. The facts of this case are that the prisoner, a friend of the

deceased husband of Li Shau Ho, a widow, who was living in Queen's Road West, induced

her, she being very poor, to agree to go to Kowloon City as a cook at $2 a month. He

took her to a boat ; and took her, not to Kowloon, but to Sha Ching, in the Sun On

district . He detained her for eight days, and then forcibly took her to a brothel there ,

sold her for $24 , and left here there in the brothel . She was compelled to act as a

prostitute, and in consequence she sent a letter to her uncle, Su Tsing Tai, who was

living in Hong Kong. He was a poor man, and it took him some time to save the

money ; but he raised it and went to the brothel, paid $24, and redeemed his niece

on the 7th of January, and brought her to Hong Kong, and the prisoner was pointed

out to the police and arrested. Lam Achun , of your guilt there can be no doubt.

You consigned this poor woman to a course of life abhorrent to her. Your crime is a very

bad, but neither an uncommon nor remarkable crime in China. I must punish it severely.

The sentence of this Court on you is that you be imprisoned and kept to hard labour

for the term of two years.

Mak A-pang (a female) and Tang Alon were then brought up for sentence.

His Lordship said, -Upon an information charging you, Mak A-pang and Tang Alon,

with having made an assault on Mak Tai Yau, a young girl of the age of 13 years,

and with having beat, wounded, and illtreated her, thereby occasioning to her actual

bodily harm, at Victoria, on two occasions, viz. , on the 3rd of November and on the

3rd of December last, the Jury after an anxious and careful hearing have come to the

only conclusion possible, -that each of you is guilty. The repeated deliberate statements

which you, Mak Apang, made in your defence, that you have lived with the second

prisoner as his paramour, and that you were not his wife, relieved the Court from all

question of marital coercion , which under some circumstances might have arisen in your

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107

favour, but which I had, before you made these statements, concluded did not and

could not arise in your favour upon the evidence of independent wicked intent proved

against you. Your victim, the victim of both of you, Mak Tai Yau, formerly a healthy

child though of delicate frame, was brought into this Court in the arms of an inspector

of police. She could not stand, and was placed in a chair, much emaciated , with pale

and hollow cheeks, to the eye of a non-medical man almost dying ; and she then

narrated the history of her sufferings, of which I will now give a short outline. This

child of about 13 years of age lost her father ; and about a year ago her mother, who

lives at Heung Shau, near Canton , distant three days by passage boat from Hong Kong,

sold her to some one who brought her to Hong Kong, and sold her to the female

prisoner. From the time of her purchase of the child, the female prisoner beat her

very often. The second prisoner, the man, beat her less often . She had been beaten

sometimes with a rattan, and sometimes with firewood taken from the ordinary bundles

of split firewood, perhaps two or three times a week. She was beaten with firewood on

the 3rd of November last , when her leg was broken ; she cannot walk even now. Some

time after that the female prisoner burnt her on the arm and hand with a hot crimping

iron. The little girl showed eight places where the marks of the burning remained.

On cross-examination by the female prisoner it was elicited that the man tied her up,

and the woman beat her. In answer to questions subsequently put to her, the poor

child said nothing was said to her before she was tied up ; her mistress did not often

speak to her ; she thus beat the girl, and said it was because she was lazy. From the

evidence by the neighbours it appeared that the child had been frequently beaten,

mainly by the woman, with rattans ; at one time with two as big as a finger tied together.

One neighbour described the beating on the 3rd of November last, that the little girl

was tied up by her hands to a bamboo which hung from the ceiling by the clothes line,

by the male prisoner, and that she was beaten by the woman with a piece of firewood

(described as being about two feet long, and about two inches in diameter) . This

witness saw the female prisoner strike this little girl two or three times on one of her

legs ; then the man struck the little girl, still tied up ; and he then untied her, and on

the support of her being tied up failing her, the little girl fell down. Before this beating

on that day, which was deposed to as being on the 3rd of November , the little child

was seen out in the street ; but after that date she did not go out. The fact that the

female prisoner burnt the little girl with the crimping iron was deposed to by a neigh-

bour. The little girl said of herself, " When I got there (i.e. to the house of the

prisoner) I could do work ; I could move very heavy things ; I could carry water. I

" had strength to play. I was not then hollow-cheeked like I am now." It seems

that the neighbours (doing what the Chinese are most loth to do) gave information to

the police, and the two prisoners were arrested, and the little girl was taken to the

civil hospital. I am bound to say, to the credit of the Chinese, that since the evils of

kidnapping have been explained from this Bench to them, since the miseries consequent

on the system have been discussed , a right public opinion has been growing up, and

kidnappers have been denounced ; and now, when the evils of the state of this domestic

bondage , of this natural result of traffic in children , of this boasted patria potestas , of

this phase of the national religious sentiment , as it has been called, became known , it was

denounced to the police. It seems that this poor child was brought by the police to the civil

hospital on the 7th of January, but she was too ill to be taken as a witness to the Police

Court until the 11th of February. When she gave evidence at the trial in this Court on the

2nd of March, Dr. Wharry, the surgeon superintendent of the civil hospital, gave evidence ,

of which I proceed to extract the main particulars . He said, " I examined that child

" when she was admitted, brought by the police ; she had a compound fracture of

" the left leg, just above the ankle ; there were stripes as of a rattan across the

" left temple, very well marked, and on both hands. The fore-arms, left side and leg,

" and the left hand and arm, were badly beaten, the skin being broken in many places,

" the right eyelids were both contused, and the skin broken." He said, " I have looked

" at injuries said by a witness to have been caused by a hot iron . I see that some were

" caused by burning, and others caused by a rattan. The child appeared emaciated . I am

" of opinion that it is partly from want offood, and partly from ill-treatment. The leg had

" been broken not less than a fortnight before she was brought to the hospital . There are

" marks of beating of a more recent date than the fracture, and some of these recent marks

"6 are on the fractured leg itself. The child was in a very low state, and she is now in very

a

" much improved state. The child was apparently suffering from neglect as well as from

" ill-treatment." It having been suggested by one of the prisoners that the fracture had

been occasioned by a fall, Dr. Wharry said, " I think the fracture was more likely to have

" been caused by a blow than from a fall. The child is not able to walk on the injured

108

" leg yet." The child was taken back to the hospital, where she may be seen by persons

who feel an interest in the case, in a state apparently to be little removed from death.

The Jury without hesitation found both prisoners guilty of the crimes charged. It is

now my duty to sentence both prisoners . You, Mak A-pang, are more guilty than your

fellow prisoner, -your paramour, as you call him. You bought the child, and you seem to

have exercised most of the cruelties on her. The main excuse for you is that you are

what you are from education in evil, probably a domestic bondswoman yourself. You say

that you were the inmate of a brothel. Cruelty begets cruelty, and the life you have

been forced into has educated you to cruelty till one feels pity even for such a criminal

as you are, whilst retaining to the full indignation at the crime. You, it may be, are in

your crime as much the victim of Chinese customs as the poor child whose young life

you have blasted ; but justice must be vindicated ; and in order to mark how such atrocities

as you have been guilty of are abhorred, it becomes my duty, and I sentence you to

penal servitude for three years : the law gives me no power on this information to inflict

a heavier punishment. As for you , Tang Alon, you appear to have been less active

in the cruel treatment of this young child, but you certainly took a very active part in

the atrocity of tying up and flogging this poor young girl, and in breaking her leg, and

in other assaults on her ; but as a man not educated to crime as your fellow prisoner

has been, I think you liable to a punishment as severe as that imposed on her. The

sentence ofthe Court on you is that you be kept to penal servitude for three years. I cannot

part with this case without asking whether it does not justify all that I have said from

this Bench against kidnapping, and against that domestic bondage which I call domestic

slavery, of which , in low natures and in bad hearts, the crimes of which these prisoners

have been convicted are the natural fruits ! Everyone must feel that it would have

been far better for this poor girl if she had died in the midst of the days when her checks

were not hollow as they are now, when she could play and did play in happy childhood ,

than that, in emaciated and in ruined health , she should, even when rescued, drag out a

blighted life. I know of no.case in the actual annals of slavery, nothing in the fictions

of the great anti-slavery novelist, which tends more to excite sympathy and pain. But

is this a solitary case . I fear that though it may be pre-eminently atrocious, hundreds,

nay thousands, of cases of a like kind have existed in this Colony under the British flag.

The propriety of what I have said on this subject from this Bench has been questioned.

I, however, hold it to be my duty to law, -to humanity, the highest law, —in the only

effectual way in my power to lay bare before the public how much yet remains to be done

before it can be said that in this Colony " slavery has ceased to be in use." I am more

inclined to blame myself because so many years have passed without the system presenting

itself to my notice, rather than to take blame for any excess of zeal in denouncing the

system since its enormities have forced themselves on my attention.

Enclosure 9 in No. 18.

SLAVERY.

REPORT by Dr. EITEL.

IN reporting on the letters (and enclosures) of Sir John Smale, dated respectively

26th August 1880, 24th November 1880, and 2nd April 1881 , I leave all questions of a legal

nature, referred to in these papers , aside, as beyond my ken, and confine myself to indicate ,

as briefly as I can, how far my knowledge and experience of Chinese social life enables me

to agree with, or compels me to differ from, the views expressed or sanctioned by Sir

John Smale in the papers before me .

2. As far as I understand the position Sir John Smale takes (independently and

through Mr. Francis ' report enclosed in these papers ), it virtually amounts to the follow-

ing propositions , in which I concur :—

a. That there is buying and selling of human beings going on in Hong Kong and

elsewhere, specially also in connection with Chinese emigration to the Straits

Settlements and Australia.

b. That comparatively little of this system of buying and selling human beings, as far as

it is visible in Hong Kong, is connected with the Chinese systems of adoption and

domestic servitude, and that what little there is of it here does not merit the

designation of slavery, nor does it call for the interference of the law.

109

c. That there is, however, a system of buying and selling women and girls, and

especially also kidnapping, conducted in Hong Kong, in connection with the exist-

ing system of prostitution of Chinese women in Hong Kong, in the Straits

Settlements and elsewhere, and that herein is to be found the fountain-source of

what, in a certain sense, may be called slavery and slave trade.

d. That the remedy lies, in the first instance, (to use Sir John Smale's words, ) " in a

" better registration of the inmates of brothels, in frequently bringing them before

66

persons to whom they might freely speak, and in authoritative interference with

" the brothel-keepers ."

So far I am entirely in accord with Sir John Smale.

3. I would, however, add that, in my opinion, the remedy here indicated is not suffi-

cient in itself, but that further remedies, to which Sir John Smale might consistently

agree, consist, firstly in a reform of the present system of examinations of passenger ships

and emigrants, as conducted by the emigration officer in Hong Kong ; secondly, in

systematic co-operation, on the part of the emigration officer, the officer entrusted with the

working of the Contagious Diseases Ordinance, and the Superintendent of Police, on the

one hand, with both the Hong Kong Society for the Protection of Women and Children

and the Government of Singagore, on the other hand ; and, thirdly, in a reform of the

system of examining Chinese female immigrants in Singapore.

4. As regards the points of difference between Sir John Smale's views as expressed in

the papers before me and my own reports on the subject of slavery, I have but few remarks

to make. In the first instance, I observe that in these papers the term " slavery " is

indiscriminately used, -now in a strictly legal sense, and then again in its ethical or senti-

mental sense. As in the latter sense the word " slavery " can idiomatically be applied to

any irksome form of drudgery people in many ranks of society have to submit to in all

countries, the indiscriminate use of the terms • " slavery " or " genuine slavery " is a source

of confusion and error, to which I can trace some apparent differences between Sir John

Smale and myself. Secondly, as regards all other points of difference between the views

expressed in the papers before me and my own reports, I can also be brief. Sir John

Smale asserts, whilst I positively deny, that the conditions of social life among the

150,000 Chinese in Hong Kong are radically different from the social life in China, that

there is no ground to believe that the system of adoption has a religious basis, that there

is relatively little or no family life among the Chinese here, that few if any well-to- do

Chinese have their first wives here, that not one of the leading Chinese has his home here

in Hong Kong, and so forth. Whilst positively asserting the reverse of each of these

propositions, I must point out these are matters of which Sir John Smale could hardly be

cognizant, as they lie as much beyond his sphere of knowledge and experience as English

law lies beyond mine ; whilst, on the other hand, the above-named propositions of Sir

John Smale refer to matters which came under my daily observation, professionally, I

may say, during the last nineteen years I was living here. I may further point out that

independent and authoritative sources of information, such as are afforded by the Chinese

Embassy in London and by the latest publication (Chinese Immigration , New York,

1881 ) of Mr. Seward, late United States Minister in Peking, appear to me to confirm

the substance of my reports on slavery, whilst they tend, as it seems to me, to contradict

the views expressed by Sir John Smale. Finally, it may not be uncalled -for to state that

the reason why Sir John Smale fell into error is not merely that he wrote on a part of the

subject of which he had no experimental knowledge, but chiefly also on account of his

drawing at the time his information from a tainted source . I know that the person

who supplied the information underlying the statements reiterated in these papers by

both Sir John Smale and Mr. Francis is a foreigner,-ignorant of the written language of

-

China, but possessed of a smattering of the lowest slang of Hong Kong, a man whose

knowledge of Chinese social life is confined to an intimate acquaintance with the lowest

class of Chinese prostitutes .

5. There is , however, one other assertion of Sir John Smale's which requires refutation.

Sir John Smale states, in his letter of 24th November 1880, with reference to the Chinese

gentlemen who started the Society for the Protection of Women and Children, that " they

have not shown their bona fides, for not a step has, so far as I know, been taken by

" them to form such an association, which required no aid from the Government ." If

Sir John Smale had taken the trouble to inquire, he would have found that in most of

the cases of kidnapping he tried at the time when he wrote this erroneous sentence, it

was due to the efforts of these very gentlemen that, in the first instance, the offenders

were brought to justice. I have before me a list of 123 cases of kidnapping and illegal

sale of women or children which this Society took up and dealt with between 15th

January 1880 and the present day. An abstract I made of this record shows that,

、、༔

during the time mentioned, these gentlemen, whom Sir John Smale supposed to have

110

been inactive, detected and brought before the police 26 cases of kidnapping, inquired,

at the request of the Colonial Secretary, and reported on 19 other cases of kidnapping,

and took charge of and eventually sent to their homes 98 kidnapped people. Of these

kidnapped people 80 were sent to the Society by the Police Court, the Superintendent

of Police, the Registrar General or Emigration Officer, and 18 from Singapore or other

places. There are piles of correspondence between the Colonial Secretary and the

Chairman of the Po-léung-kuk, as this Society is called, lying at the Colonial Secretary's

Office, testifying to the immense activity of these gentlemen and their detectives. So

far from their not having taken any steps to constitute themselves, as far as they could ,

without Government aid, they have materially aided the Government in detecting crimes

of kidnapping ; they caused a considerable increase in the number of cases of this nature

brought before Sir John Smale, who saw an increase of crime where there was merely an

increase of detection of crime. This Society, informally established since January 1880,

has already compelled the kidnappers to change their mode of operation, and will, if duly

supported by the Government, undoubtedly succeed to reduce the crime of kidnapping

to a low ebb. But it is requisite that the solicitations and suggestions they made in

correspondence with the Colonial Secretary be attended to ; viz., that the Society be

incorporated under a special Ordinance, and that the system of examining immigrants and

female Chinese passengers by the Emigration Officer be amended so as to make the

examinations more searching and more efficient by securing the co-operation of the

Society in such examinations .

( Signed) E. J. ETTEL .

2nd August 1881 .

No. 19.

GOVERNOR SIR J. POPE HENNESSY, K.C.M.G. , to the Right Hon. The

EARL OF KIMBERLEY.

(Received October 24th, 1881.)

Government House, Hong Kong,

MY LORD, August 31st, 1881 .

I HAVE the honour to enclose a copy of the Report, dated the 17th instant, of the

Attorney General, Mr. O'Malley, on Chief Justice Sir John Smale's statements, made

from time to time by his Honour in sentencing prisoners for kidnapping, or in delivering

judgments relating to the brothel slavery in Hong Kong.

2. I find nothing in the Attorney General's report that renders it necessary for me to

add to what I have already written on the general question .

3. The apparent difference between Mr. O'Malley's views on brothel slavery and the

views of Sir John Smale is due to the fact that Sir John Smale knew that the real

brothel slavery exists in the brothels where Chinese women are provided for European

soldiers and sailors ; whereas Mr. O'Malley, in discarding the use of the word slavery,

does so on the assumption that all the Hong Kong brothels form a part of the Chinese

social system, and that the girls naturally and willingly take to that mode of earning a

livelihood . This is a misconception of the actual facts ; for though the Hong Kong

brothels, where Chinese women meet Chinese only, may seem to provide for such women

what Mr. O'Malley calls a natural and suitable manner of life consistent with a part of

the Chinese social system, it is absolutely the reverse in those Hong Kong brothels where

Chinese women have to meet foreigners only. Such brothels are unknown in the social

system of China. The Chinese girls who are registered by the Government for the use

of Europeans and Americans detest the life they are compelled to lead . They have a

dread and abhorrence of foreigners, and especially of the foreign soldiers and sailors.

Such Chinese girls are the real slaves in Hong Kong. The statement made many years

ago by a Registrar General, Mr. C. C. Smith, which your Lordship quotes in a Despatch

of the 26th July, 1881 , * to the opposite effect, is entirely misleading.

4. To drive Chinese girls into such brothels was the object of the system of informers

which Mr. C. C. Smith for so many years conducted in this Colony, and which in his

evidence before the Commission on the 3rd of December, 1877 , he defended on the

ground of its necessity in detecting unlicensed houses, but which your Lordship has now

justly stigmatised as a revolting abuse.

5. On another point the Attorney General also seems not to appreciate fully what he

must have heard Sir John Smale saying from the Bench in the Supreme Court. It

would be a mistake to think that the Chief Justice had not before he left the Colony

No. 38 of C. 3093 of August 1881 .

111

realized the public opinion of the Chinese community on the subject of kidnapping. In

sentencing a prisoner for kidnapping, on the 10th of March 1881 , Sir John Smale said

he was bound to declare from the Bench that, to the credit of the Chinese, a right public

opinion had been growing up, and on the 25th of March 1881 (the last occasion when

Sir John Smale spoke in the Supreme Court of Hong Kong) he said, in a case in which

two kidnappers had been convicted :-

"This case presents two satisfactory facts : first, that a Chinese boat-woman handed one

of these prisoners to the police, and that afterwards an agent of the Chinese Society to

suppress this class of crime caused the arrest and conviction of these prisoners . These

facts are indicative of the public mind tending to treat kidnapping as a crime against

society calling for active suppression."

6. On the same occasion, in sentencing a woman who had severely beaten an adopted

child, Sir John Smale said :

" In finally disposing of these three cases, with all their enormity, sources of satisfac-

tion present themselves in the fact that, in each of these cases, it has been owing to the

spontaneous indignation of Chinese men and women that these crimes have been brought

to the knowledge of the police."

7. It will no doubt be gratifying to Her Majesty's Government to notice that the

final words of Chief Justice Sir John Smale in the Supreme Court of Hong Kong testify

to the practical value of the Chinese Society your Lordship has done so much to

promote. It is only due to Sir John Smale to add that his own action has greatly con-

tributed to foster the healthy public opinion of the native community, which induced

him, when quitting the Supreme Court, to take a hopeful view of the future of this

important subject.

I have, &c.

The Right Hon. the Earl of Kimberley, (Signed) J. POPE HENNESSY.

&c. &c. &c.

Enclosure in No. 19.

THE following documents are sent to me, and I understand that it is desired that I

should make a report upon them :-

Chief Justice

99 to Colonial Secretary, August 26th, 1880, * with a pamphlet+ " Slavery

in Hong Kong.'

Chief Justice to Colonial Secretary, April 2nd, 1881 , with a calendar of cases tried at

criminal sessions, and newspaper reports of sentences.

Chief Justice to Colonial Secretary, 24th November 1880 , with a memorandum on

the subject of slavery by Mr. Francis. §

I think that paragraphs 4 and 11 of Mr. Francis' memorandum correctly describe the

law applicable to kidnapping and slavery in this colony.

Amongst the statutory provisions mentioned as forming part of that law are sections

50 and 51 of Ordinance 4 of 1865 and sections 23 , 45 , 67-8 of Ordinance 2 of 1875.

I think that these sections, together with Ordinance 5 of 1865 ( relating to accessories

and abettors) , make sufficient provision for the punishment of all persons convicted of

being concerned in the crime of kidnapping.

It is stated by Sir John Smale and Mr. Francis that the crime of kidnapping prevails

to a great extent in this Colony, but they do not refer to the evidence upon which they

rely for their statement.

I think the criminal statistics furnish information upon this point which may be trusted.

The convictions for kidnapping, abduction , and detention in the Supreme Court and in

the Magistrates ' Courts during the last seven years have been as follows :-

Convictions in Convictions in

Year. Magistrates' Supreme Total.

Courts. Court.

1874 11 1 12

1875 18 2 20

1876 23 1 24

1877 11 3 14

1878 13 7 20

1879 9 4 13

1880 7 17 24

Enclosure 2 in No. 18. † Enclosure 1 in No. 1 .

Enclosure 6 in No. 18. § Enclosures 4 and 5 in No. 18.

112

The decrease in the cases in the Magistrates' Courts and corresponding increase in the

Supreme Court is, I believe, owing to directions which were issued to the effect that

cases of this kind should be committed for trial in the Supreme Court instead of being

dealt with, as the law allows, in the Magistrates ' Courts ; it is not an indication of any

increase in the gravity of the type of the cases brought to notice.

There is no reason that I know of to suppose that the proportion of undetected to

detected crimes is specially large in this particular class of offences . The police are

active, rewards are given for assisting in the detection and apprehension of offenders,

and the sentiment of the Chinese inhabitants of the Colony strongly condemns the

practice.

The numbers of cases actually brought under the cognizance of the Courts during the

period above mentioned are as follows :-

1874 50

1875 67

1876 67

1877 - 76

1878 - 101

1879 - 88

1880 - 107

I submit that these statistics show that while there has been increased vigilance in

bringing suspected cases to trial, the crime does not prevail to any very great extent, and

is not increasing in the Colony.

I think, therefore, that some exception may be taken to Sir John Smale's statement,

under the head " Increase of Kidnapping," on page 24 of his pamphlet , and to the

subsequent passage, on page 35, in which he refers to that statement as laying bare the

extent to which kidnapping existed .

A like exception may be taken to Mr. Francis' statement, in paragraph 12 of his

memorandum, where he says that " offences against the provisions of Ordinance 4 of

66

1865 and 2 of 1875 , so far as they relate to women and children , are still very common,

" and are growing more numerous every day."

There can be no doubt that there are special inducements and opportunities for the

crime afforded by the situation of the Colony and by the brothel system , which is one of

the social institutions of the Chinese inhabitants . But I do not know of any facts that

show that the established machinery of police and justice, aided as it is by the vigilance

of the Chinese themselves, is not equal to the necessities of the case.

For the purpose of dealing with the larger question as to slavery raised by Sir John

Smale, it is necessary to distinguish between slavery in the legal sense of the term and

slavery in the sentimental sense.

I apprehend that the only status that the law regards as one of slavery is a status of

subjection or restraint created or maintained by force, whether legal or otherwise, or by

fraud-a status inconsistent with the liberty of the person occupying it a status in which

according to the language of section 2 of 6 & 7 Vict. c. 98, the person is held in

servitude.

Taking the term slavery as limited in this sense, I think that the following provisions

of Ordinance 2 of 1875, viz. :-

VII. Whosoever shall by force orfraud imprison or detain any person within the Colony

for the purpose of emigration, or for any other purpose whatsoever, shall be guilty

of a misdemeanor, and on conviction thereof shall be liable to the punishments

herein-after provided .

VIII. Whosoever shall by force, intimidation , or any fraudulent means bring, lead,

take, decoy, or entice any person into or away from the Colony for the purpose

of emigration, or for any other purpose whatsoever, shall be guilty of a mis-

demeanor, and on conviction thereof shall be liable to the punishments hereafter

provided.

IX. Every person who shall be convicted of any offence against the provisions of

this Ordinance shall be liable to be imprisoned for any term not exceeding two

years, with or without hard labour.

make sufficient provision for the punishment of any person who does any act amounting

to the holding of any other person in slavery.

Further, taking the term slavery in this sense, and applying it as a test, I do not think

there is ground for saying that the women in the brothels or the servants in the houses

of Hong Kong are as a rule in a state of slavery.

In the eye of the law these persons are fully entitled to all the rights of free people.

This law will not enforce any restraint that it may be sought to put upon them ; it

113

treats any assumed right to put such restraint upon them as void ; and it punishes any

attempt to put such restraint upon them as a criminal act.

Nevertheless if these persons were proved to be as a rule detained against their will ;

if the protection which the law provided for them were proved to be unavailing, either

because they were ignorant that there was such protection, or because, though knowing

that there was such protection, they were unable to invoke it ; or if it were shown that

the exercise of force or fraud was resorted to to keep them in their position, and to

exclude the operation of the law in their behalf, then it would be no great stretch of

language to say that they were in a condition of slavery.

But if this is not so, and if these persons occupy their positions voluntarily, I submit

that their condition is not one of slavery at all.

What is the true state of the case is a question of fact upon which Sir John Smale

adduces no evidence.

If these persons had been brought up with European notions of morality, so that the

position was one which one might expect them to regard as strange and repulsive, or

as one of hardship and degradation, there would be room for some presumption that they

were not free agents, and that the protection of the law had not been adequately brought

to bear upon them.

But the circumstances , so far as I have been able to understand them, do not raise

such a presumption, and the practice of the Registrar General's office, as I am

informed that it is carried out, goes some way to prove that so far as the brothel girls

are concerned they are as a rule acquainted with the sort of protection that the law

throws around them, and are able to avail themselves of it if they choose.

I suggest as a probable explanation of the willingness of the brothel girls to lead the

life they do the following, which I understand to be notorious facts :-

1st. That this brothel life is one recognised career for girls of a certain grade in the

Chinese social system, and that they are brought up to look at it as a natural and

suitable manner of life for a time.

2nd. That many of them have at the time when they are old enough to enter a brothel

no traceable relations or other assured means of support.

I submit therefore that the language used by Sir John Smale and Mr. Francis is likely

to convey an erroneous impression as to both the legal and practical bearings of the state

of things that prevails in Hongkong.

This remark applies particularly to the following passages in the pamphlet :

" The gravity of the fact that two specific classes of slavery exist in this Colony to a

very great extent, viz . , so-called domestic slavery and slavery for the purposes of

prostitution.

" The enormous extent to which slavery has grown up in this Colony.

" On this dot in the ocean it is estimated that the slave population has reached

10,000.

" The laws against slavery not having been enforced within this Colony, the only

excuse that can be urged is ignorance of the existence of the extent of slavery here.

" The fiat of universal public opinion has gone forth that slavery, abolished everywhere

else under the Crown, shall not be allowed to lurk even in this small eastern Ultima

Thule of the British dominions ."

And to the following passages in Mr. Francis' Report :- :-

" Girls are bought and sold for the purpose of prostitution--brought up and trained

for prostitution, a life of the most abject and degrading slavery."

"The report of C.D.O. Commission , February 1880, shows that there is a •

slave class and a slave trade carried on in Hong Kong, and that on a

very large scale indeed. "

The moral to be gathered from these passages, and indeed from the whole tone of the

pamphlet and memorandum, is that it would better to discard the use of the word slavery

in connexion with this subject, and to deal with the brothel system and the domestic

servitude system upon their real merits, to recognize that they are parts of the Chinese

social order maintained in this Colony without force and without assistance from the law

by virtue of the concurrence of all parties concerned in them. If it is thought right for

moral reasons to put them down as such, it would be better to say so, and deal with them

accordingly ; but I think it is a mistake to call them by a name which does not describe

them, and is not applicable to them either in law or in fact.

Sir John Smale states, in page 19 of his pamphlet, that what he has said on this subject

of slavery has been said to meet arguments, doubts, and difficulties which have paralysed

public opinion and public action here-arguments, doubts, and difficulties which are the

less easy to combat because they have been rather hinted at than avowed.

Q 2893.

279

115

MINUTE of the GOVERNOR.

In what state are my minutes about the Chinese Society for the Protection of Women

and Children, calling for a report, &c. ?

Also as to my minutes on the Chief Justice's letters to Lord Kimberley ?

(Signed) J. POPE HENNESSY.

29th March 1881 .

MINUTE by the ACTING COLONIAL Secretary.

THE papers were sent to the Attorney General on the 30th September last ( 1880) .

(Signed) FREDERICK STEWART,

29th March 1881 . Acting Colonial Secretary.

MINUTE by the GOVERNOR .

No doubt this will now be attended to.

( Signed) J. POPE HENNESSY.

30th March 1881 .

Enclosure 2 in No. 20.

(Translation .)

RULES and REGULATIONS agreed upon for the ASSOCIATION FOR THE PROTECTION OF

HONEST PEOPLE, for the DETECTION and SUPPRESSION of CRIMES of KIDNAPPING, as

well as for the PROTECTION of WOMEN and CHILDREN.

1. The subscribers shall conjointly constitute one Society, viz., the (above mentioned )

Association, and may from among the members of the Association publicly elect ten

Directors, who shall have power to carry into effect all legal measures.

2. No distinction shall be made as to the amount of subscription, but subscribers of

$10 shall be considered as members of the Committee of the Association, and shall have

a vote at all public discussions of the same. After the first subscription has been made,

no further subscription need be raised unless the funds of the Association are found

insufficient to meet the expenses and cause a stoppage of its operations , whereupon the

members of the Committee of the Association will exert themselves and raise an

additional subscription , but the amount of the individual subscriptions will be left to the

voluntary effort of each, and there shall be no compulsion.

3. The Association is established with a view to afford protection to honest women

and to children, that is to say, to discover and repress crimes of kidnapping and to rescue

kidnapped persons.

4. Whenever any male or female children have been kidnapped and are unlawfully

brought to Hongkong, be it for purposes of prostitution or for domestic servitude , for

the purpose of sale for adoption or apprenticeship, or for the purpose of hypothecation

or re-sale to a foreign port, or when any person is brought here under false and specious

pretence, and not of his or her free will and accord, in any such case coming to the

knowledge of the Association, some means must he devised for the rescue of such

persons, so as to enable them to return to their homes.

5. Whenever it happens that any kidnapped person, male or female, is required to wait

till the case has been tried in Court before he or she can be discharged, such person

shall be temporarily detained by the Association until the case has been finally settled,

when such person shall be assisted to return to his or her native place.

6. When it happens that a kidnapped person has no home to go to, the Association

shall, in the case of a girl, make arrangements for her betrothal or find some trustworthy

persons who are willing to adopt her or bring her up to be a daughter-in-law, and in the

case of a boy, he shall be given in adoption, or apprenticed, or other provision made to

give him a shelter, so as to prevent his being homeless . For these reasons, it will be

necessary to erect a building where homeless persons may find temporary residence and

comfort, and it is for this purpose that subscriptions are required.

116

7. All charitable persons who will subscribe ten dollars, whoever they may be, or

wherever they may reside, will be considered as members of the Committee of the

Association.

8. If the Directors for the time being of the Association find it desirable to have

Agents to assist them at other ports for purposes of effective co-operation, they can

bring the matter up for discussion, and from among the Committee members at such

port there shall be elected one or two persons to be Agents of the Association.

9. The Agents elected and appointed by the Association may at their respective ports

call a meeting of the Committee members for the transaction of all business, and anything

furthering the objects of this Association may be carried into effect as may be deemed

convenient, but in cases of importance or difficulty they shall , by letter, consult the

Hongkong Association, and await reply before taking action. If any Agent wishes to

resign, or mismanages bis duties, the Association may at any time elect another person to

take his place.

10. The Association shall use a seal with an inscription both in English and Chinese

characters, and such seal shall be used in cases of purchase of property or of important

public matters, when an impression of that seal shall be affixed, but whenever the seal is

thus used, it shall be necessary that the signatures of two Directors for the time being be

added before the matter can be looked upon as authentic.

11. All affairs of the Association, whether important or unimportant, provided they are

of advantage to the members of Committee or concern the Association, may at any time

be brought before a meeting for discussion, and action shall be taken according to the vote

of the majority.

12. All lawsuits in which the Association may be involved by charges preferred on

account of the public acts of the Association, shall be authoritatively dealt with by the

Attorney whom the Government may appoint, or by the Attorney General, and all expenses

shall be paid by the Government.

13. All Ordinances enacted by the English Government, or hereafter to be enacted,

for the repression of kidnapping or selling persons for purposes of prostitution, and

similar offences, may at any time be published by the Association for general information,

or the Association may issue special advertisements to be sent into the inland districts

with a view to make them known far and wide, so as to warn people.

14. The Directors of this Association shall in the first instance be the ten persons to

be elected publicly, and they shall record the names of all Committee members in a

Register, and those ten persons first elected shall be considered the founders of the

Association . But they shall resign at the end of a year, and others shall be elected

from among the Committee members to take their places. They shall, however, de

eligible for re-election for a term not exceeding three years.

15. All Directors newly elected every year shall forward their surnames and names to

be submitted to His Excellency the Governor for ratification.

16. All transactions of the Association shall be carefully recorded, and such records

shall at any time be open to the inspection of the members of the Committee and of the

Government .

17. All expenses incurred by the Association, and the accounts of receipts and

disbursements , shall be annually exhibited (in a balance sheet), which shall be printed

and copies distributed for the information of the Committee members, and a copy of the

same shall be submitted to the Government for scrutiny and verification .

18. The salaries of all Secret Detectives , informers or managers employed by the

Association shall be defrayed out of the public funds. The Detectives shall be first

sworn in by the Government, and when approved by the Government shall be considered

as if they were Police Constables, but such Detectives shall confine themselves entirely

to the detection and repression of crimes of kidnapping and to the arresting of kidnappers ,

as also to the rescue of kidnapped persons. Whenever any business they have in hand

from day to day concerns the Superintendent of Police or the Harbour Master, they

shall be bound to report the matter to them and apply for their co-operation. But the

Superintendent of Police or Harbour Master shall not use such Detectives in pursuance

of other matters.

19. Whenever in a case of kidnapping there are persons who gave the information,

they shall not be rewarded until the Police Court or the Supreme Court have decided

the case, when, according to the regulations existing, the Government will determine

upon a cominensurate reward, and no such reward need be paid by the Association.

20. When any transaction of the Association requires authority exceeding the powers

of the Association, application shall be made to the Government for assistance and

117

co-operation, but if by accident the Association should unwittingly exceed its powers,

application shall also be made to the Government for forbearance.

The above twenty regulations are herewith expressly submitted to His Excellency the

Governor for ratification, and an official reply will be awaited before they are given

effect, and further, the Government is entreated to embody these Rules and Regula-

tions in a Special Ordinance to ensure their permanency. Such is the Petitioners'

earnest prayer.

28th September, 1880.

(Translation.)

RULES and REGULATIONS of the COMMITTEE of the ASSOCIATION for the

PROTECTION of HONEST PEOPLE.

1. This Association will call every year at a certain time one General Meeting of all

the Committee members to arrange for the public election of Directors, also to examine the

accounts, which will then be submitted to the Government for its information and so

forth.

2. All Committee members who have been elected Directors, will, when their term of

office is about to expire, or at least half a month prior to its expiry, tender their resignation,

so that others may be elected from among the number of Committee members, but if again

elected they may resume their office. The names of the persons so elected will, however,

have to be submitted to the Government for the information of His Excellency the

Governor.

3. When the time comes for the Annual General Meeting, previous notice thereof must

be given to all Committee members, inviting them to come and take part in the meeting,

or notice be given at least 7 days previous by insertion in one of the Chinese newspapers,

so that all may be informed.

4. At the ordinary meetings of the Directors three Directors present to sign the papers

shall form a quorum .

5. Managers or Agents or others employed by the Association will , if involved in any

litigation, being charged by others on account of public business, or charging others on

the same account, have all their expenses paid from the public funds.

6. From among the Directors who have been publicly elected out of the number of

the Committee members, there shall be elected a Chairman, a Vice-Chairman, and a

Treasurer, and they shall be responsible for what they do.

7. The Treasurer shall be selected from among the Directors and be appointed by

them, and shall be authorized to make all arrangements for getting good interest and so

on. If the said officer is found deficient in his accounts, the nine other Directors shall

be responsible for the amount, and no excuse will be allowed. As to putting out money

on loan , the said officer shall at the time consult the other members and act accordingly.

8. Each of those who have been elected Directors shall, on entering office, sign a

declaration on oath to signify his sincerity and disinterestedness.

9. Every Detective to be employed by the Association must find two respectable and

substantial persons to stand security for him, each signing a bond for $250 guarantee

against extortion, coercion or trumping up of false charges or other offences, and on

entering office he shall further be required to sign a declaration on oath in proof of his

good faith.

10. Any Rules and Regulations passed by the Directors from time to time after due

discussion may be successively added with a view to consolidate the system and to perfect

it in details .

11. All Committee members should be careful to cherish the principle of human charity

and entirely refrain from any improper action, but on meeting with kidnapped persons

proceed with increased alacrity or join other members of the Association in energetic

efforts for their rescue, and further, by some means or other, get the kidnappers arrested

and handed over to the Government to be prosecuted, all with the hope that these evil

practices be eradicated , when all people will rejoice over the riddance, which is the great

aim of this Association.

12. All Committee members should be careful not to listen to any slander and there-

courage and draw back half way, which would be wasting all the trouble taken

upon lose

in organizing this scheme. But it is hoped they will deal with every case with straight-

forwardness, when they need not be ashamed before gods or men, but will be able to face

the bright spirits, and if after all there is vituperation or praise, they need not trouble

118

themselves about it. Besides, it must be considered that the English Government wields

great power in its hands, and is surely able to see through all the intricacies of each case

and will certainly prevent those criminals to play secret mischief.

13. This Association must establish a Register of the Committee members, account-

books for receipts and disbursements, also a Day-book, Letter-book, Minute-book and so

forth, to facilitate inquiries that may be made at any time by Committee members.

14. At the first starting of this Association, it has been agreed to use temporarily the

Tung-wá Hospital for the purpose of meetings and for a place of detention of kidnapped

persons until funds have been collected, when the English Government will be petitioned

for the grant of a piece of ground suitable for the erection of buildings where destitute

people can be accommodated.

The above 14 rules are designed for the guidance of the Committee members of this

Association, and are now expressly transcribed and submitted to His Excellency the

Governor for scrutiny and ratification .

MINUTES BY THE ATTORNEY GENERAL .

I have revised the rules, and have pointed out such amendments as appear necessary

to reduce them to a form in which the Government might recognize them. Apart from

this, I have left them precisely as I found them. They are Chinese in their structure,

and I presume that those who drew them up are satisfied that they are suited to the

object in view.

EDWARD O'MALLEY.

March 31st, 1881 .

I send herewith also some draft rules which I have drawn up, showing how the objects

of the Society might be provided for, subject to the conditions that seem to be necessary

from a Government point of view.

EDWARD O'MALLEY.

April 1st, 1881 .

NOTES OF SUGGESTED AMENDMENTS.

1. " Association¹ for the protection of honest people " is too comprehensive a title for

an association of this kind.

2. I think the word " unlawfully " should be inserted before the word " brought,"

otherwise the proposed scope of the association's operations would bring it into conflict

with the law.

3. I presume " maintained " is intended . The association could have no power to

detain.

4. It is very doubtful how far the detailed arrangements here specified' are such as

Government could properly countenance. To avoid difficulties, I think this passage

should be made general thus : " Association will endeavour to make suitable provision

for their welfare.'

5. I should think that this ought to be limited to the Colony . It depends upon what

sort of powers it is intended to confer upon the management ; but, as a matter of

principle, if any special police powers are to be given at all, persons outside the Colony

should have no voice in directing them.

6. This article seems to me to involve a serious question , viz ., whether this Govern-

ment could properly give official recognition in any degree to agencies working outside

the Colony, particularly where the work of such agencies is specially likely to bring them

into conflict with foreigners.

7. I think this article' might be omitted . The reference to the " purchase of property

and other important public matters " is vague, and apt to raise false inferences as to the

powers ofthe association.

8. This article is, I think, inadmissible . Whatever countenance the Government may

give to the association as being one intended for a good purpose, it certainly should not

assume any responsibility for the lawfulness of the acts of the association. }

¹ In rule 1. Refers to rule 6. 7 Rule 11.

In rule 4. 5 Refers to rules 7 and 8. 3 Rule 12.

• In rule 5. • Refers to rule 8.

119

9. There is, I think, an objection to recognizing the publication of Ordinances by any

one except the Government itself. The Government should be described as the

Government, not as the English Government.

10. The effect of this would be apparently to make the Government responsible for

the audit of the accounts.

11. This article" provides for a body of private detectives to be armed with the

powers of constables and to exercise such powers not under the immediate supervision

and control of the Government. I do not know of a precedent for any delegation of

police functions of this character. An Ordinance to provide for it would, I think, be

unconstitutional. All that might be required might, perhaps, be secured by telling off

a few constables to perform special duties in aid of the association's inquiries, but even

this would have to be very cautiously guarded.

12. This is¹² a matter with regard to which the Government should keep a complete

discretion so far as the law leaves it in its own hands.

13. According to our law, persons or associations who exceed their powers are dealt

with by the law, and the Government cannot enter into any understanding beforehand

by which it might appear that it either could or would control the operation of the law.15

14. These rules , if amended in accordance with the foregoing notes, would require no

Ordinance to give them effect, nor do I understand that it is contemplated by the

Governor to do more than give countenance and assistance to an association conducting

its operations subject to the existing law, and having for its object to assist and watch the

operation of that law so as to make it as effectual as may be for the suppression of kid-

napping.

15. This should be omitted.14

16. This article is subject to the observations in note 11.15

17. Handed over " to justice " would be the right way to express this.10

(Draft Rules sent withforegoing. )

RULES for the SOCIETY for the PROTECTION of WOMEN and CHILDREN.

1. The object of the Society is to assist in the suppression of the crime of kidnapping,

and to provide for the rescue and restoration of kidnapped women and children.

2. The Society shall consist of subscribers of ten dollars, residents in the Colony.

3. The Society shall have an office in Hongkong.

4. The affairs of the Society shall be managed by a Committee of ten members, who

shall be residents in the Colony.

5. The Committee shall be elected annually.

6. Members of the retiring Committee will be eligible for re-election, but no member

can be a member of the Committee for more than three years in succession .

7. The names of members elected on the Committee must be submitted to the

Governor within a week of the election, and upon the Governor notifying to the

Committee his objection to any member whose name is so submitted, such member shall

cease to be a member of the Committec, and the Committee may themselves elect

another member of the Society in his place, subject in the same way to the Governor's

objection.

8. The Committee shall elect from amongst its members a President, a Vice-president

and a Treasurer.

9. The President or Vice-president or Treasurer and two other members shall form a

quorum of the Committee.

10. There shall be an annual meeting of the Society to be held at the office in the

month of •

11. At the annual meeting, the election of the Committee shall take place, and the

outgoing Committee shall present a report of its proceedings for the preceding year,

including a complete statement of the financial position of the Society, duly audited.

12. The Society will endeavour by correspondence and inquiry to assist in the detec-

tion and bringing to justice of persons guilty of kidnapping and kindred offences. The

Society will also endeavour, by the establishment of a Home in Hongkong, to provide

temporary accommodation for destitute women and children who may be rescued from

• Rule 13. 11 Rule 18. 13 Refers to rule 20.

10 -Rule 17. 19 Rule 19.

14 Refers to rule 5 in the second list of rules. 15 Refers to rule 9 in the second list of rules.

16 Refers to rule 11 of the second list.

120

illegal custody. The Society will also endeavour to restore rescued women and children

to their relatives, and in the case of those who are friendless, to make such provision as

may be proper for their welfare.

13. Detective and other constables may, from time to time, be placed at the service

of the Society upon such conditions as may be sanctioned by the Governor.

14. Detectives and constables employed by the Society shall act only under written

instructions signed by the President or Vice-president of the Society.

15. The Committee first elected shall appoint two of their number to be trustees , and

such trustees shall be the lessees of any Crown Lease granted by the Government to the

Society for the purpose of a Home. In case of the death of a trustee, the Committee for

the time being shall elect one of its members to take his place.

16. The Committee may, from time to time, make and revoke rules for the manage-

ment of the affairs of the Society ; such rules being submitted for the Governor's

approval before they are put into operation.

No. 21.

The RIGHT HON. THE EARL OF KIMBERLEY to GOVERNOR SIR J. POPE

HENNESSY, K.C.M.G.

SIR, Downing Street, 3rd November 1881 .

I HAVE the honour to acknowledge the receipt of your Despatch, of the 31st of

August, forwarding printed copies of rules which have been drawn up for the Society for

the Protection of Women and Children, together with the Attorney- General's criticisms

upon them and alternative rules which he has drawn up.

2. Judging from the previous correspondence on the subject, I conclude that the rules

which Mr. O'Malley has submitted have received the official recognition of your Govern-

ment, and if this be the case it only remains for me to reply to the second paragraph of

your

66 Despatch, in which you recommend that an Ordinance should be sanctioned " giving

legislative force to the regulations and corporate existence to the Society."

3. I am unable to see the necessity of passing a special Ordinance as you suggest, and

it appears from the Attorney- General's Note, No. 14, that he is of the same opinion ;

nor do I understand why the Association requires corporate powers. If, however, such

powers are required, it would seem to be sufficient that the Association should be formed

under the Companies Ordinance of 1865 ; and that formal approval should be given to

its rules and organisation by the Local Government. I expressed my opinion to that

effect in paragraph 4 of my Despatch of the 20th of May 1880. +

I have, &c.

Sir J. Pope Hennessy. ( Signed) KIMBERLEY .

No. 22.

The RIGHT HON. THE EARL OF KIMBERLEY to GOVERNOR SIR J. POPE

HENNESSY, K.C.M.G.

SIR , Downing Street, 18 March, 1882 .

I HAVE had under my consideration your despatch of the 31st August 1881 ,

transmitting a report by the Attorney General, Mr. O'Malley, upon Sir John Smale's

statements from the Bench respecting the alleged existence of slavery in Hong Kong.

Mr. O'Malley's remarks appear to me to be well considered and convincing, and I have

now the Honour to transmit to you in print the correspondence on this subject, which is

to be laid before the House of Commons, and to which this Despatch will be added .

2. In your Despatch of the 23rd January 1880, you forwarded with other documents§

a copy of a statement made by Chief Justice Sir John Smale from the Bench on the

6th October 1879, in the course of which he observes (rage 7 of print) that on the

24th of January 1845 a proclamation was issued in these words :-

"Whereas the Acts of the British Parliament for the abolition of the slave trade and

" for the abolition of slavery extend by their own proper force and authority to Hong

No. 20. ↑ No. 3. No. 19. § No. 1.

285

121

Kong, this is to apprise all persons of the same, and to give notice that these Acts

" will be enforced by all Her Majesty's officers, civil and military, within the colony."

Sir John Smale concludes his statement with a summary of his views, divided under

eight heads (page 9 of print) ; in the fifth of these he cites the above-mentioned procla-

mation as declaring that the English laws against slavery would be enforced by Her

Majesty's officers, and in other places he asserts that these laws had not been enforced.

with the result that there are now a great number, 10,000 or even 20,000 slaves, in

Hong Hong .

3. Desiring to be more precisely informed of the circumstances in which Sir John

Smale's statement, involving so grave a charge against Her Majesty's officers responsible

for the administration and execution of the law in the colony was made, I instructed you

in my despatch of the 20th of May 1880* to request him to be good enough to specify

the Acts of Parliament which he considered have not been enforced in Hong Kong,

and the particular sections to which he alluded . Your Despatch of the 4th of August

1881+ transmits Sir John Smale's reply to my question in a letter dated the 20th of

August 1880, in which he says : " I am not aware that on any of the three occasions on

" which I have spoken on the subject I have said anything to give rise to the question

*

I have on the three occasions above referred to cited all the Acts

" and Ordinances which I thought apply. "

4. These occasions are the 6th of October 1879 (pages 5-10 of print) , the 27th of

October 1879 (pages 10-13), and the third apparently on the 31st March 1880 (see

page 99). It seems that Sir John Smale does not allege that the existence in Hong

Kong of the slavery to which he refers arises from the neglect to enforce any specific Act

of Parliament, and looking to the first head of his summary, page 9, to the passage on

page 13, and to a sentence in his letter of the 24th November 1880 (see page 101 ) , I

gather that this last sentence (page 102) states succinctly the views upon which he bases

the assertion that children who are said to be bought and sold in Hong Kong become

the slaves of their so-called purchasers.

5. At page 102 Sir John Smale says : " The law of England, as I have learnt it, is

" that no one can sell his own liberty or that of any dependant ; that to sell or buy such

re

liberty is an offence against the law ; and therefore, in the absence of a special penalty,

" a misdemeanour."

6. There can be no doubt of the correctness of the first clause of this proposition, and

it follows that no one can become legally a slave where the law of England prevails.

Slavery in its technical sense can only exist in a country where the law recognises and

will enforce the claim of the master to dispose of the person and liberty of the slave, or

at least will not interfere to control the authority of the master over the person and

liberty of the slave, except perhaps for the repression of cruelty such as would in a

civilised state be repressed in respect of domestic animals . There can be no doubt

also that whoever commits an act which the law prohibits is guilty of a misdemeanour

(supposing the law has not declared such act to be a felony) , but the middle term of this

proposition "that to buy or sell such liberty is an offence against the law, " fails to

distinguish transactions which are effectual, and would be lawful unless prohibited , from

transactions which in view of the law are empty forms having no tangible effect or result.

Going through a form which is a nullity cannot, I apprehend, be a criminal offence ex-

cept by the operation of an express statute giving it that character, and I know of no

Act of Parliament which makes a pretended sale of human liberty a crime.

7. You will find at page 94 of the print a copy of a document called a bill of sale

which Sir John Smale adduces as proof of slave-holding in the colony, but I fail to

perceive that he has anywhere explained how this process can produce so singular a

result as that when a father for a sum of money delivers his son into the control of

another person and the transaction is evidenced by a document in this form , the son,although

on British territory, thereby loses his status as a free person. Yet it would be necessary

that this result should be clearly established before it can be admitted that the transaction

creates slavery or amounts to slave-dealing. The fact appears to be that Sir John Smale,

in his praiseworthy aversion to anything savouring of slavery, has been misled by the

66

terms and " sale," and with the best of intentions has failed sufficiently to

purchase " and

examine whether those terins are correctly applied to the transaction which they represent

in this case.

8. It may be a question whether the subsequent treatment of children, boys or girls,

who are said to be sold for adoption , domestic servitude , or prostitution, is such as to

* No. 3. † No. 18.

Q 2893.

286

122

merit the term slavery in its colloquial sense, but if so, such treatment would presumably

result in acts sufficient to bring within reach of the criminal law the persons to whom

the children have been delivered . It seems, indeed, that the criminal law of the colony

is not only strong enough to reach all ordinary cases of ill-treatment, but that it affords

special protection to women and girls ; and the fact that the law if invoked by or on

behalf of such children will afford them the same protection as to other members of the

community is in itself a proof that they are not slaves in any technical sense.

9. It is desirable, however, putting aside the question of slavery in the legal sense of

the term, to consider what, if any, is the legal effect of such a contract as is evidenced

by the so-called bill of sale of which a copy is given on page 94 of the print. This

document appears to be in effect an agreement for valuable consideration , whereby the

father divests himself of the control of his son, an infant of tender years, and transfers

this son to the custody of a stranger. Whatever may be its effect if made in the Empire

of China, it is quite clear that in Hong Kong, where the common law of England prevails,

such an agreement is absolutely void, as being contrary to public policy. It is to the

interest of the State that the boy should be properly brought up, and the law which

recognises the power of a parent over his child requires him to discharge the correlative

duty of education, and will not allow him, by divesting himself of the control, to

incapacitate himself from seeing to the education of the child. The father may of course

deliver his child to another for education, but he may at any time reclaim the child from

the person to whom he has been temporarily confided . And this principle is carried so

far that, although the power of the parent over the child is subordinate to that of the

State, the State by the courts of law will only interfere against the parent in cases

where the father has been guilty of the abandonment of the parental duty, or abuse of

the parental power, and the father may in England assert his rights in the following

manner.

10. The father as being entitled to the legal custody of his child, if still a minor may

sue out of a writ of habeas corpus addressed to any person who detains the child against

the father's will, even though such person has received the child from the father. The

child being thus brought before the Court will , if of tender years, be delivered to the

father, but if of an age to judge for itself will be discharged from the illegal custody,

and be left free from all restraint, and at liberty to go where it will , even, if it pleases,

to the care of the person from whose custody it has just been discharged . But the rule

must be understood with this qualification , that if it appears to be improper that the

father should have the custody of the child who is too young to make an intelligent

choice, the Court may exercise a discretionary power in assigning the custody of the

child to some other person .

11. And it should be observed that in a case of habeas corpus the question is as to

the liberty of the child , and the decision will be given without reference to any pecuniary

questions that may arise out of the father's transactions with the person claiming custody

of the child .

12. It is right, however, to refer to the system of apprenticeship as known in England.

That system is one of special contract, in which the apprentice, although a minor , is

allowed by the law to join, as being to his advantage, and it entirely depends upon his

consent, so that a deed of apprenticeship though signed by the master and father is invalid

unless executed by the apprentice himself. But it is unnecessary to pursue this branch of

the subject, for I understand that the transactions at Hong Kong do not take the form

of binding lads with their own consent to particular persons for a definite number of

years to learn particular trades.

13. There seems to be some uncertainty as to facts in the matter of Chinese adoption

in the Colony, for I notice that Sir John Smale at page 102 says that he never heard of

a case of purchase for adoption in the Colony, not a single case has come before him .

It is not very clear, however, what else is the condition of the boy referred to in the

document at page 94. " The buyer is at liberty to take him home and change his name

and surname, and rear him up with prosperity," and I also observe that Dr. Eitel in

a Minute forwarded by you on 23rd January 1880 ( p . 14 of print) speaks of the demand

for young children under the system of adoption and domestic service as being large

at an average price of $40 . On the other hand you say in paragraph 20 of your

Despatch of January 23rd 1880* (p. 4 of print) . " My advisers recommended that no pro-

" secutions in connexion with adoption and domestic service should be instituted pending

" the receipt of instructions from you (the Secretary of State) . I mentioned this recom-

No. 1.

123

" mendation to the Chief Justice who entirely concurred in it. He further recommended

" that the Chinese should be told that no prosecutions as to the past would take place,

" but that in future in every case where buying or selling occurred in connexion with

" adoption or domestic service the Government would undoubtedly prosecute. This

" recommendation appears to me to be reasonable. "

14. You have, however, since satisfied yourself, as you inform me in your Despatch of

the 15th of June 1881 * (page 94) , that there is nothing illegal in the ordinary mode of

adoption of Chinese children in the Colony. Mr. Francis, page 112, paragraph 14, says,

" The buying and selling of boys is rare as compared with the buying and selling of

66

girls Still children (males) are bought and sold in Hong Kong for

" adoption They may become by such sales sons, not slaves."

15. But if children bought for adoption do not become slaves it is still true that there

is in Hong Kong a certain and perhaps a considerable number of children who have

been the subjects of what purported to be transactions of sale. I cannot doubt that in

the majority of these transactions the sellers have believed they have validly sold, and

the buyers that they have validly bought that for which money has passed, and the

children themselves can scarcely help believing that they are in bond to their possessors.

Such a system evidently requires most careful consideration, especially if Dr. Eitel's

opinion be accurate (p. 14) that there is cause to believe that the abuses naturally

connected with it tend to encourage kidnapping .

16. I put aside for the present the question of brothel girls. Their condition and the

means by which the supply is kept up are well known, and I do not find that any

additional light is thrown upon them by these papers. The Ordinance No. 2 of 1875

has already made the sale or purchase of any woman or child, or the bringing into the

Colony of any woman or child sold or purchased for purposes of prostitution, or the

receiving or harbouring of any woman or child known to have been so sold, a mis-

demeanour. I have also directed you in my Despatch of July 26, 1881 , † to register

brothel houses, and facilitate inspection of them, so that the inmates may have full

opportunities of appealing in cases of wrongful treatment, or of their detention against

their will, and I shall at any time be most ready to consider any practical measures for

bettering the condition of this unfortunate class which your local knowledge or that of

any other gentleman on the spot may devise .

17. The questions arising out of the condition of adopted children, or of children

employed in the domestic service, are more perplexing. It may be that these children

also are adequately protected by the law as it stands. If a mistress beats her servant

girl, or a man ill - treats his adopted son , the law is doubtless strong enough to punish his

offence ; and any charge of kidnapping would equally be dealt with by the Courts.

The so-called sales are nullities ; they do not either give the supposed purchaser any

rights over the liberty of the child, or deprive the parent of his right to the custody, if

he chooses to reclaim the child by the proper legal process ; or deprive the children

of the right to appeal to the law for protection against ill-treatment, in whatever

form such ill-treatment may be found ; and it is, I apprehend, open to anyone who can

establish a primâ facie case to show that a child is improperly detained, to sue out a writ

of habeas corpus requiring the child to be brought before a proper Court.

18. Still I cannot avoid the conviction that the position of the children now under

consideration is one of peril which may require safeguards. It would be possible to

provide that entering into any agreement, written or oral, by which the right of possession

of a child purported to pass for a valuable consideration , should be a misdemeanour ; but

this would probably brand and punish as offences many transactions, advantageous to the

child, both immediately and in after-life, and it would not reach such transactions when

effected, as appears frequently to be the case, in the Empire of China, the child being

subsequently brought into the Colony. Another course would be to make all such

transactions misdemeanours unless they confirmed to certain specified conditions pre-

scribed so as to secure, as far as possible, that they should be for the welfare of the child.

A third course would be to require all children taken into adoption to be registered, and

thereafter subject to visitation , such as is voluntarily undertaken in the case of what has

been called the " gutter-children " of this city, who have been conveyed by charitable

agencies to the dominion of Canada and there apprenticed .

19. But I am checked in the consideration of these and other propositions by my

uncertainty as to the facts of the system of child adoption and domestic service as it

No. 14. † No. 38 of [ C. 3093 ] of August 1881.

:

288

124

prevails in Hong Kong, which are represented with the greatest diversy by those who

approve and disapprove of the system. I desire, therefore, that you will institute a full

and trustworthy inquiry into the facts, forwarding to me as soon as it can be completed

a report thereon ; and I request that in connexion with such report the question may be

considered whether any, and if so what, measures should be taken to remove any of the

evils that may be brought to light by the inquiry.

20. I have to add that the draft of this Despatch was submitted to the law officers of

the Crown, who have informed me that the statement of the law on the subject as con-

tained in it is correct.

I have, & c .

Sir J. Pope Hennessy. ( Signed) KIMBERLEY.

LONDON:

Printed by GEORGE E. EYRE and WILLIAM SPOTTISWOODE ,

Printers to the Queen's most Excellent Majesty.

For Her Majesty's Stationery Office.

Stanford University Libraries

3 6105 023 599 272

STANFORD UNIVERSITY LIBRARIES

CECIL H. GREEN LIBRARY

STANFORD , CALIFORNIA 94305-6004

(415 ) 723-1493

All books may be recalled after 7 days.

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