The history of the laws and
courts of Hong-kong
James William Norton - Kyshe
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JAHN OF
JohS
nmale
THE HISTORY
OF
THE LAWS AND COURTS
OF
HONGKONG,
TRACING CONSULAR JURISDICTION IN CHINA AND
JAPAN AND INCLUDING PARLIAMENTARY DEBATES , AND
THE RISE, PROGRESS , AND SUCCESSIVE CHANGES IN
THE VARIOUS PUBLIC INSTITUTIONS OF THE COLONY FROM
THE EARLIEST PERIOD TO THE PRESENT TIME .
WITH ILLUSTRATIONS.
BY
JAMES WILLIAM NORTON-KYSHE ,
OF LINCOLN'S INN, ESQUIRE, BARRISTER-AT-LAW,
Registrar ofthe Supreme Court ofHongkong.
IN TWO VOLUMES .
VOL . I.
London :
T. FISHER UNWIN.
Hongkong :
NORONHA AND COMPANY.
MDCCCXCVIII .
The Right of Translation and Reproduction is reserved .
PRINTED BY
NORONHA AND COMPANY, ZETLAND STREET, VICTORIA, HONGKONG .
THE
NEW YORK
PUBLIC LIBRARY
Astor, Lenox and Titden
Fourdations.
1899
14219
ΤΟ
HIS HONOUR
SIR JOHN WORRELL CARRINGTON, KNT. , C.M.G. ,
CHIEF JUSTICE OF HONGKONG.
etc., etc., etc.,
THIS WORK
IS, WITH PERMISSION,
Respectfully Bedicated .
" A collection of records may be the result of professional knowledge, research, and
skill, just as a collection of curiosities is the result of the skill and knowledge of the an-
tiquarian or virtuoso,” --Bowen, L. J. , Lyell e. Kennedy, L. R. 27 Ch. D. 31 .
PREFACE .
WONDERFUL as may be said to have been the courage,
tenacity, and determination with which our people
and Government have successfully established themselves
in this Ultima Thule of the Empire for the benefit of all
mankind, not less remarkable may be said to have been
that branch of the service connected with the adminis-
tration ofjustice in Hongkong. Placed on the borders
of an Empire so full of contradictions as China, with its
uncontrolled millions, conservative and prejudiced to
the backbone, a people totally ignorant and indifferent
as to Western ideas or modes of Government, it seems
as if Hongkong by its position had been destined to
become the starting point from whence a civilizing
power by its beneficent rule and humane laws was to
endeavour to effect those reforms which an uncivilized
power like China was ever in need of. It is not astonish-
ing, therefore , situated as is Hongkong, with a popula-
tion recruited almost from the dregs of society, that
enormous difficulties should have been experienced from
the very outset in establishing a proper form of Govern-
ment in the Colony ; tentative measures being introduced
to be only shortly after modified or rejected . The un-
questionable records upon which this work has been
founded amply testify to that fact . The necessary con-
trol by the Executive in the early days over the admi-
nistration ofjustice before the grant of a Charter to the
Colony, and its failure afterwards in continuing to exer-
cise
any influence over highly cultured and intellectual
officials charged with the same administration, where-
by the usual conflicts ensued, were but the concomit-
VIII PREFACE .
ants to be expected in the progressive stage ofa Colony
rising from its tutelage . The suspension of Mr. John
Walter Hulme, the first Chief Justice, by Sir John Davis,
the Governor, only to be afterwards reinstated by the
Secretary of State , will not, in that respect, fail to prove
of interest. Nor will the sad fate of Mr. Thomas Chis-
holm Anstey , the Attorney- General, than whom a more
able, energetic, and honourable gentleman never held
similar position in Her Majesty's Colonies, escape atten-
tion. Baffled from the first in his determination to
effect reforms under a weak Governor, Sir John Bowring,
Mr. Anstey precipitated his downfall by running counter
to the policy of the latter, who , acting under the unfor-
tunate advice and influence of Mr. Mercer , the Colonial
Secretary, favoured a friend of the latter, Dr. Bridges,
whom he elevated to high positions to be afterwards
found unfit for the trust which had been reposed in him .
During the time he held office in Hongkong, whatever
his faults, temperament, or Quixotic disposition at times,
which, it may be added , have not escaped notice in this
work wherever necessary, Mr. Anstey did an enormous
amount of good , especially in his attempt to put down
official corruption then so rampant, and his praiseworthy
and successful endeavours, at all risks to himself, to
rid the public service of Mr. D. R. Caldwell, the influ-
ential Registrar- General and Protector of Chinese , whom
a previous Commission had rehabilitated , may be counted
among the many redeeming features never to be effaced
from his career in Hongkong.
A question not seldom mooted has been the fitness
of English law for the Government of the Chinese.
Lord Derby, when Secretary of State for the Colo-
nies, in a despatch to the first Governor of Hongkong,
stated that to the Chinese, the laws and customs of
England would be a rule of action and a measure of
right equally unintelligible and vexatious." That the
PREFACE . IX
Chinese acquiesce in our laws and fully admit their
beneficence is an incontestable fact which will be found
fully set out in this work. Upon that point, however, it
may be safely asserted that not merely free trade, but
the equal justice of our laws, dealing alike with native
and with European, have drawn to the Colony a popula-
tion upon whom our commerce is entirely and absolutely
dependent for support, and it may be reasonably infer-
red therefore that had any departure from this course
been attempted , although evidence is not wanting as to
what was originally intended in that respect, it would
probably have deterred emigration if not driven away
many already settled in the Island . English law, there-
fore, if not absolutely fitted for natives, especially as
regards the clemency and technicalities of our criminal
procedure, was the only law expedient to put into prac-
tice in a Crown Colony settled essentially under British
rule, like Hongkong, and therefore differing from a
conquered place with its already established laws and
customis .
In other respects it is doubtful if the administration
of any Colony presents more food for reflection than
that of Hongkong. The reader will draw his own con-
clusions from " that mass of mud " * in reference to which
the Duke of Newcastle showed so much anxiety at the
time.
The Consular Courts were not also without giving
dissatisfaction in their working,-a matter which will be
found fully dealt with . The long distance separating
these Courts from head-quarters, which in the early days
centred in the Supreme Court of Hongkong, was not
without its inevitable drawbacks, and these, taken to-
gether with the law's delays and uncertainties, not infre-
quently engendered miscarriages of justice, inducing The
Times, rather ungenerously, to characterise the Court as
* See Chap. XXXI., infrà. p. 642.
x PREFACE .
"the greatest nuisance in the East," * in ignorance of the
utter irresponsibility of the Supreme Court in such mat-
ters and of the undoubted good, which , acting indepen-
dently, it was instrumental in effecting. The lawlessness
of British subjects in days gone by in places where law
and justice, such as we understand them, were ever
unknown quantities called for reprisals which in these
days of quick steam and telegraphy and extended con-
sular jurisdiction fortunately no longer exist . But that
in other respects a great deal has been done no one at all
acquainted with such a people as the Chinese can deny.
Otherwise the purport of this work lies in its title, and
its contents will disclose that which it portends to be, -
a record of facts scrupulously set out with accuracy and
fidelity.
The manners and customs of the Chinese, in so far as
they have been elicited by the Courts, will also be found
duly recorded .
A list of the Chief Justices, Judges , Attorneys- Gene-
ral, and Crown Solicitors from the date of the Charter
granted to the Colony with the dates of their assumption
and relinquishment of duties , and a list of Barristers and
Attorneys of the Court from the earliest period , together
with a copious Index, -necessary attributes to a work of
this dimension --will be found in their proper places.
The work, necessarily arduous , has not been prepared
without considerable trouble, and the author begs to
express his obligations to the Honourable the Chief
Justice, Sir John Carrington, for much kindness and
consideration shown to him during the entire progress
of the work , and, with His Honour's permission , it is now
respectfully inscribed to him .
J. W. NORTON-KYSHE .
The Supreme Court,
Hongkong, 30th September, 1898 .
* Vol. II., Chap. XXXIX. § 1., infrà, p. 58.
APPENDICES . *
Here inserted for facility of reference .
XI
APPENDIX I.
LISTS OF CHIEF JUSTICES AND JUDGES OF HONGKONG , FROM THE DATE OF
THE CHARTER OF THE COLONY, IN 1813.*
CHIEF JUSTICES.
Date of final
Name. Date of Assumption Departure from the Remarks.
of Office.
Colony.
1. John Walter Hulme ...... 7th May, 1844. 24th April, 1859.
2. William Henry Adams... 25th August, 1860. 13th May, 1865. See List of
3. John Jackson Smale...... 24th October, 1866. 9th April, 1881 . Attorneys-Ge-
4. George Phillippo 13th March, 1882. 5th April, 1887. ) neral, infrà.
5. James Russell 5th October, 1888. 23rd March, 1892.
6. Fielding Clarke...... 11th June, 1892. 15th January, 1896.
7. John Worrell Carrington. 13th May, 1896.
JUDGES . †
Date of final
Name. Date of Assumption Remarks.
of Office. Departure from the
Colony.
1. Henry John Ball 7th July, 1862. 26th June, 1873. a a Was Judge of
2. Francis Snowden § the Court of Sum-
12th May, 1874. mary Jurisdiction:
3. James Russell 10th August, 1883. Idied in Hongkong,
4. Fielding Clarke..... 25th March. 1889 . 1st April, 1883.
5. Edward James Ackroyd . 3rd December, 1892 . 6th March, 1895.
6. Alfred Gascoyne Wise .... 22nd October, 1895.
The information given in these lists is taken from Court Records. Acting appoint-
ments are not included therein, but will be found in the body of the work, as well as other
data in regard to the officers whose names here figure.
† Under Ordinance No. 7 of 1862, a Judge of the Court of Summary Jurisdiction was
appointed , until the passing of Ordinance No. 14 of 1873, when that Court was abolished
and a Puisne Judge appointed -see Vol. II., Chap. LX. § I., pp. 223-224.
§ First Puisne Judge constituted under Ordinance No. 14 of 1873 –-see Vol. II ., Chap.
LXII. § I., p. 223.
XII
APPENDIX II .
LISTS OF ATTORNEYS-GENERAL AND CROWN SOLICITORS OF HONGKONG, FROM
THE DATE OF THE CHARTER OF THE COLONY, IN 1843.*
ATTORNEYS-GENERAL.
Date of final
Name. Date of Assumption Remarks.
of Office. Departure from the
Colony.
1. Paul Ivy Sterling 28th July, 1844 . 15th April, 1855 .
2. Thomas Chisholm Anstey 30th January, 1856. 30th January, 1859.
3. William Henry Adams... 7th September, 1859. Appointed acting
Chief Justice on his
arrival, never as-
sumed the duties of
Attorney-General--
see List of Chief
Justices supra, and
infra, Ch. XXIX.
4. John Jackson Smale….……….. 22nd April, 1861 . See List ofChief
Justices , supra.
5. Julian Pauncefote... 21st July, 1866 . 4th December, 1873. |
6. John Bramston 16th February, 1874. 22nd July, 1876.
7. George Phillippo 2nd January, 1877. See List of Chief
1st February, 1879. Justices
, supra.
8. Edward Loughlin O'Malley 21st February, 1880 . 18th February, 1889.
9. Wm. Meigh Goodman ... 15th March, 1890.
CROWN SOLICITORS .
Date of final
Name. Date of Assumption Departure from the Remarks.
of Office.
Colony.
1. J. J. Hickson 1st December, 1856 . 6th February, 1857.
2. George Cooper-Turner 6th February, 1857 . Died at Shanghai ,
2nd February, 1861.
3. Francis Innes Hazeland.. 8th February, 1861 . Died in Hongkong,
21st January, 1871.
4. Edmund Sharp .... 25th January, 1871 . 5th May. 1883.
5. Alfred Bulmer Johnson .. 5th May, 1883. 17th December, 1896.|
6. Henry Lardner Dennys .. 1st December, 1896.
* The information given in these lists is taken from Court Records. Acting appoint-
ments are not included therein, but will be found in the body of the work, as well as other
data in regard to the officers whose names here figure.
.
III
APPENDIX
ROLL
BARRISTERS
OF
ADMITTED
PRACTISE
TO
BEFORE
SUPREME
THE
COURT
HONGKONG
."OF
No. Date
.
Admission
of Name
. Remarks
.
1 October
.
†
1844-1st Ivy
Sterlin
Paul g the
Called
Bar
Irish
M
Term
;,1 ichaelmas
to829
first
Attorney-
w as
General
the
of
.Colony
2 1844-1st
October
.
† Sirr
Charles
Henry Inn
Lincoln's
at
Bar
the
to
Called
2833
,1
.November
2nd
...
3 December
1846-10th Charles
......
Campbell
Molloy Middle
the
November
cOf
Temple
22nd
,1alled
Attorney-
acting
was
844
General
and
Justice
Chief
acting
--
History
see
.,i nfrà
4 1851-15th
April William
Thomas
Bridges
. Temple
Middle
cOf
the
to
November
,5
Bar
th
History
1alled
see
--847
infrà
.
1854--15th
December
Thomas
Ponsonby
‡3 Of
;called
Ireland
in
Courts
four
of
and
Inn
Gray's
Bar
Irish
the
to
APPENDIX.
1
,. 842
Term
Hilary
in
6 1855-4th
Januar y Frederick
William
Green College
Oriel
O.A.
BOf
,a nd
xford
Temple
Inner
the
January
cofalled
,30th
1852
.
7 1855-28th
February
H
,J enry
Kingsmill
. unior E
.Was
Bar
Irish
lected
conformity
in
provisions
the
with
of
Ordi-
the
1 1862
of
13
No.
nance
January
,t4th
as
actbo865
oa narrister
History
-
only
see
.,i nfrà
8 1855-30th
..
October John
Da y called
Temple
Middle
the
Of
,1
November
.23rd
849
information
*
further
this or
individual
for
or
list
barristers
vconcerning
the
Fnfrà
,iinide
.History
date
the
Supreme
of
opening
Court
.The
previously
,1855.
March
practising
Ceased
.Had
Navy
the
in
served
XIII
AIX
APPENDIX
II
Co
, -Intinued RO
.- BA
OFRR
AD
LL TE
PR MIIS
TOAC TTEDRS
BE
TH FO TI
RESE
No. SU
CO E
PR EM E
Da
of
Ad te OF UR
HO NG T
KO NG
. mission -
C
. on ti nu ed
Na
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Re
. marks
9 1859-14th
Ap
. ril Ed tc
wahi rdson
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th
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cEa al mp
le dle
1 At
Te st
to
rm er
s-
,ie,, ee
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tc.
nf st8ràrneys
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in
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,of ec
oc
di
nf te
to
na
ordrs
No
13
of wi
th
pr .eth nc
miety
18
,th
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62
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1
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pr No
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of
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e mi e
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APPENDIX.
12 on rister of to
ac
e, letctedions
fr om
1862-18th
No
baarly
. th
5t
Ja eh
nu
J vember
. oh
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a
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th
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ny
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el-Ch
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ic
te eey s
ba rr u
Or,. Wh nd di er
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13 18
De 62-11th on
. lyister 18No
13 . nance
J ce
. oh mber t,of
ac
as
a o t62
Li
Re nd
ednsay
Of
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Te
themp
c26t
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edley
the
Hi
Cou
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,w
;als 853
rt ta
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Adv
of
asooca
te
APPE
III
- nued
,. ContiNDIX
ROLL
OF
BARRI
ADMIT
TO STERS
PRACTI
BEFOR TED
SE
THE
SUPRE
COURT
HONGK
OF
ContinE
ME
ONG-
ued
.
No. Admiss
of
.Date ion .Name Remar
. ks
14 June 3rd
1863-- Henry
Tarrant
Jefferd 1
Temple
Middle
the
at
,Called
November
;p2th859
attorney
an reviously
,i
ofafterwards
--
ethenfrà
Atc.
Proctors
List
see
Court
ttorneys
of
Recorder
as
one
time
at
and
acted
practise
to
Rangoon
proceeded
Moulmein
.
15 1863-26th
June Myburgh
Albert
Philip 1in
afterwards
Inner
Ofcthe862
ractised
;,November
p17th
Templealled
a
Q ,1 nd
882
.C.
;in
England
practice
Admiralty
up
took
and
Shanghai
Bencher
Inner
the
of
-
,Temple
History
nfrà
s.iee
16 1865--13th
November
Temple
Richard
Rennie Service
Consular
the
Entered
,1 860.
June
6thalled
cTemple
Inner
Of
China
of
Court
Supreme
the
Judge
Chief
as
1891
in
retired
and
APPENDIX .
.
Japan
17 William
...
February
1866--8th
Mitchell
Henry Hongkong
the
,1
June
;p
Ofinreviously
865
called
Inn
Lincoln's
9th
History
.,i nfrà
see
--
Shanghai
Service
;practised
in
Government
1866-25th
May
18 ..
Barnard
James
Frederick Nov-
,1
Cthe
of
a 7th
Temple
Middle
nd
ambridge
College
John's
St.
Of
and
China
of
Court
Supreme
the
before
also
p1 864
;, ractised
ember
of
Bombay
Court
High
.the
advocate
an
;was
Japan
1866--20th
December
Charles
John
Whyte previously
Police
;w
,1
Of 817
as
Michaelmas
Term
Barin
alled
cthe
Irish
1 867--
February
in
practice
61
private
take
,to
resigned
and
Magistrate
i
,. nfrà
History
see
XV
XVI
APPENDIX
II
- I ntinued
,. Co RO
BA
OFRR
AD
LL TE
PR MIIS
TOAC TTEDRS
BE
TH FO TI
RE SE
SU
CO E
PR EM E
No. Da
of OF UR
HO NG T
KO NG
Ad tession
. mi -
C
. on ti nued
Na
. me
Re
. marks
20 18 --29th
Ja68
nuary Ch
Thilomas
Ha
... yldlar Of
Jo
St.llhneg
'se
,Co
C
a, am
nd brid ge
Ju
1
p
,; re of
th
ne
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ne
mp
an
ad
86c;In
6t
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all oursl
h edley
see
Hi st of
th
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18rc -2nd
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,. nf ory
rà Co
of ur
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Jo hn as
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nnol
en Of
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a,Cond
of onlldoegne ty
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w ; 87
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23 18 71 Cu
at
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Wm ve--mb18th . nton s of
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nd
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APPENDIX .
aly Ba
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rmon je
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pra,; rev iously
cti
of
Pro ttotcto
rnersys sa asoli- sed
eA
i nfrà
,,. tc.
APPENDIX
-
, Continued
.III
BARRISTERS
OF
ROLL
PRACTISE
ADMITTED
TO
SUPREME
THE
BEFORE
HONGKONG
COURT
C
.-ontinued
No. Admission
.of
Date Name
. Remarks
.
1877-18th
May
28 Choy
Ng 1cLincoln's
,i;Of
Inn
alled
31st
.January
History
-see
877-
nfrà
29 1880-19th
April Ernest
Mackean Temple
Inner
the
November
cOf
17th
;.,1alled
876
30 1880-30th
April Hogg
Alex
Robert
Temple
.O
Inner
Malled
cthe
26thilligan
f
January
practice
,1
;p
in
asreviously
877
Griqualand
,South
.West
anAfrica
in
advocate
888
31 ...
January
1881-13th Smith
Rose
Patrick Temple
Inner
7th
1
.Maythe
alled
,;cOf
879
ོ
32 1882--23rd
Oalled
College
Brasenose
Of
...
Baily
Mainwaring
Herbert
;cFebruary
9
Inn
Lincoln's
at
,1
.June
th
880
xford
ི
33 March
1882--29th Kai
Ho Of
csalled
Inn
Lincoln's
,1
February
;i1st
B
a
Medicine
of
achelor
882
APPENDIX.
...
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XVIII
APPENDIX
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.
IV
APPENDIX
.”
HONGKONG
AOF
COURT
SUPREME
THE
BEFORE
PRACTISE
TO
ADMITTED
SOLICITORS
ND
TTORNEYS
PROCTORS
,OF
ROLL
No. Date
.of
Admission Nam
. e .
Remarks
dward
Farncomb
E
†
October
1844-1st England
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the
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Henry
William
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12
m
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the
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KIK
XIX
XX
APPENDIX RO
PR
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Continued
.,-
IV-
APPENDIX
C
.- ontinued
HONGKONG
OF
COURT
SUPREME
THE
BEFORE
PRACTISE
TO
ADMITTED
SOLICITORS
ND
TTORNEYS
A
PROCTORS
,OF
ROLL
.
Remarks
No. .
Admission
of
Date Name
.
.C oley
Messrs
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11 Tarrant
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Henry
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History
sCourt
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and
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........ Brown
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APPENDIX .
15
.
England
in
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of
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Hazeland
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-
Hongkong
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,i
.History
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18
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19
Solicitor
in
w
Crown
Term
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862
Hilary
Bench
a dmitted
Queen's
Hongkong
see
-
,i
.History
nfrà
CY
IXX
XXII
APPENDIX
- RO
PR OC
LLTORS
Continued
,.IV ,OF
,A TT ORNEYS
A
SO ND
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AD
TO MI TTTO
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PR
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-
IV nued
,. ContiNDIX
APPE
HONGKONG
—Continued
SUPREME
.COURT
OF
PRACTISE
THE
BEFORE
SOLICITORS
ATO
ADMITTED
TTORNEYS
ND
ROLL
,PROCTORS
.
Remarks
No. Admission
.of
Date .
Name
1873-31st
January High
the
of olicitor
Queen's
sBench
a nd
attorney
,Court
Stephens
An
....
Matthew
Deninan
John
28
25th 863
November
and
24th
.,1dmitted
;a
Chancery
Court
of
29 1873-4th
July
... High
of
the
sa olicitor
nd
Bench
Queen's
Court
,the
attorney
An Johnson
Bulmer
Alfred
༣༣
1
,w
Crown
31st867
as
January
and
30th
Chancery
;a
Court
ofdmitted
Solicitor
see
-
Hongkong
in
,i
.History
nfrà
30 1873-21st
July .Louis
Bench
Queen's
Court
the
of
attorney
An
...
Amos
Oialardi
Jervis
31 1874-
Januar5th
y William
Moss op Court
High
the
of
solicitor
and
Bench
Queen's
attorney
An
.,1
Term
a 872
Hilary
dmitted
;in
Ireland
Chancery
of
32 ...
January
1874-9th Henry
Dennys
Lardner
Dennys
......... Francis
;p
w revious-
J.
J.
Mr.
to
clerk
articled
as
Admitted
examination
after
i nfrà
Solicitor
.History
,- ee
Justice
sCrown
ly ;n ow
Chief
the
to
clerk
33 1874-
Januar9th
y Holmes
James
Henry Admitted
.Judge's
;was
examination
after
Clerk
APPENDIX .
34 March
1880-13th Stokes
Parker
Alfred 5th
a dmitted
England
Judicature
of
Court
Supreme
the
s;in
Aolicitor
.,1879
September
35 1880-
July 12th Deacon
Hobart
Victor Court
High
the
of
solicitor
and
Bench
Queen's
attorney
An
1
.May
a 874
,8th
and
7th
; dmitted
Chancery
of
36 1882-18th
April Ewens
Creasy a dmitted
;in
England
Judicature
of
Court
Supreme
the
s3rd
Aolicitor
Justice
Chief
.the
1to
Clerk
previously
;w as
, 876
April
37 1882-27th
June Francis
Wilson
Owen
Harry 5th
a
England
s;in
A dmitted
Judicature
of
Court
Supreme
the olicitor
and
.W
of otton
Messrs
firm
the
in
time
some
for
w
;1 as
, 882
April
Sultan
the
Highness
His
to
Adviser
Law
became
a
; fterwards
Deacon
and
accept
to
licence
Royal
;in
Zanzibar
Majesty's
Her
granted
1897
of
the
by
him
upon
conferred
class
3rd
the
of
Hamondieh
order
wear
him
by
rendered
.of
services
recognition
in
Sultan
XXIII
XXIV
AP NDIX RO
- CoPE
,.IV ntin ued OF
PR OC
LLTORS
A
,, TT
A NDORNEYS
SO
AD LI
MICI RS
PR
TOAC TTTO
TI ED
SE
BE
TH
SU FO
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APPENDIX
PROCTORS
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XXXVIII
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77
XXV
XXVI
APPENDIX
-, Continued
.IV
PROCTORS
A TTORNEYS
SOLICITORS
,ROLL
ND
ADMITTED
PRACTISE
TO
THE
BEFORE
HONGKONG
COURT
SUPREME
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XXVII
TABLE OF CONTENTS .
VOLUME I.
CHAP. I ............ Tempus : W. Caine, Chief Magistrate -Introduction, p.
1 , concluding end of 1843. p . 32 .
R. Burgass - Legal adviser.
CHAP. II .......... Tempus : W. Caine, Chief Magistrate -concluding 1844.
P. 47.
R. Burgass - Legal Adviser.
CHAP.III....
Tempus : Hulme, C. J. 1844-1846 . p. 62 .
P. I. Sterling - Atttorney-General .
N. D'E. Parker- Crown Prosecutor.
IV........... Tempus : Hulme, C. J. 1846. p. 115 .
CHAP. IV
N. D'E. Parker- Crown Prosecutor.
CHAP. V. Tempus : Hulme, C. J. 1846-1847 . p. 120.
C. M. Campbell - acting Attorney- General.
CHAP. VI.......... Tempus : Hulme , C. J. 1847. p. 131 .
C. M. Campbell -acting Attorney-General.
CHAP. VII . ...... Tempus : Hulme , C. J. 1847. p. 135 .
C. M. Campbell- acting Attorney-General.
CHAP . VIII....... Suspension of Hulme, C. J. Campbell, acting C. J. 1847-
I
1848. p. 154.
P. I. Sterling - Attorney- General.
N. D'E. Parker-Crown Prosecutor.
CHAP . IX.......... Suspension of Hulme, C. J. Campbell, acting C. J. 1848 .
p. 184.
P. I. Sterling- Attorney-General.
CHAP. X. Reinstatement of Hulme, C. J. 1848. p. 196.
P. I. Sterling- Attorney- General.
CHAP. XI.......... Tempus : Hulme, C. J. 1849. p. 215.
P. I. Sterling- Attorney-General.
CHAP. XII....... Tempus : Hulme, C. J. 1850-1852 . p . 271 .
P. I. Sterling- Attorney- General.
CHAP. XIII....... Tempus : Sterling, acting C. J. 1852-1853 . p . 321 .
W. T. Bridges - acting Attorney- General.
XXVIII TABLE OF CONTENTS .
VOLUME 1, -Continued.
CHAP . XIV....... Tempus : Hulme, C. J. 1853-1854. p . 330 .
P. I. Sterling- Attorney-General.
CHAP. XV ....... Tempus : Sterling, acting C. J. 1854. 343 .
W. T. Bridges - acting Attorney- General.
CHAP. XVI....... Tempus : Hulme, C. J. 1855-1856 . p . 356 .
W. T. Bridges -acting Attorney- General.
T. C. Anstey - Attorney- General.
CHAP. XVII ……... Tempus : Hulme, C. J. 1856-1857 . p. 396 .
T. C. Anstey - Attorney- General .
CHAP. XVIII.... Tempus : Hulme, C. J. 1857. p. 425 .
T. C. Anstey - Attorney -General .
CHAP. XIX....... Tempus : Hulme, C. J. 1857. p . 439 .
H. Kingsmill - acting Attorney-General.
CHAP. XX........ Tempus : Hulme, C. J. 1857-1858 . p. 450.
T. C. Anstey--Attorney- General.
CHAP. XXI....... Tempus : Hulme, C. J. 1858. p. 472.
T. C. Anstey - Attorney- General .
CHAP. XXII.... Tempus : Hulme, C. J. 1858. p . 480 .
T. C. Austey -- Attorney- General.
CHAP. XXIII....Tempus : Hulme, C. J. 1858. p . 501 .
T. C. Anstey --Attorney- General.
J. Day--acting Attorney-General.
CHAP. XXIV .... Tempus : Hulme, C. J. 1858. p. 537.
J. Day- acting Attorney-General.
F. W. Green --acting Attorney-General.
CHAP. XXV .... Tempus : Hulme, C. J. 1858-1859 . p . 555 .
F. W. Green --acting Attorney- General.
CHAP. XXVI.... Tempus : Hulme, C. J. 1859, p. 575.
F. W. Green--acting Attorney-General.
CHAP. XXVII....Tempus : Green, acting C. J. 1859. p. 592 .
H. Kingsmill--acting Attorney-General.
CHAP. XXVIII.. Tempus : Green, acting C. J. 1859. p. 594.
H. Kingsmill- acting Attorney- General .
CHAP. XXIX .... Tempus : Adams, acting C. J. 1859. p . 603 .
F. W. Green - acting Attorney- General .
CHAP. XXX….... Tempus : Adams, acting C. J. 1859-1860 . p. 626,
F. W. Green, acting Attorney-General.
II. Kingsmill-- acting Attorney- General .
CHAP. XXXI.... Tempus : Adams, acting C. J., and C. J. 1860. p. 632 .
H. Kingsmill, acting Attorney-General.
8
THE HISTORY
OF
THE LAWS AND COURTS
OF
HONGKONG .
INTRODUCTION .
Origin of British authority in China. - British Court of Justice appointed in Can-
ton.- Cession of Hongkong. - Capt. Charles Elliot, R.N., Chief Superintendent of Trade
and Plenipotentiary in China.- Chinese Inhabitants of Hongkong, subjects of the Queen
of England. - Capt. Wm. Caine, Chief Magistrate. - How guided .--Land. - Chinese traders
invited to Hongkong.-Pirates. - Commodore Sir J. J. G. Bremer, Joint Plenipotentiary.
—A. R. Johnston, Deputy Superintendent.—Lieut. Pedder, R.N., Marine Magistrate. — Sir
H. Pottinger, Chief Superintendent of Trade.- Departure of Capt. Elliot. - Arrival of
Sir H. Pottinger.- Chinese Interpretation.—Progress of Hongkong after occupation.
-Hongkong declared a free port. - Superintendency of Trade removed from Macao
to Hongkong. Further progress of Hongkong. - Judicial Establishment.- Magisterial
powers and authority.—Land. —Administration of Intestates' Estates.--Counterfeit Coins.
--Colonial Service Rules.-- Secret Societies. - Treaty of Peace and Friendship with China.
--Hongkong ceded in perpetuity.--Home rejoicings .- Local opinion.--Edward Farncomb
Coroner.--Crime in Hongkong. Piracy. -End of 1842.--Sir Henry Pottinger, K.C.B.--Queen's
Order in Council removing from Canton to Hongkong the Criminal and Admiralty
Courts.-Alexander Scott, Recording Officer. -Agitation for reforms in the administration
of justice. -The Charter of Hongkong.- Sir Henry Pottinger, Governor.- "The Colony of
Hongkong." " The City of Victoria." -English Law.-Appointments consequent upon
grant of Charter.--Justices of the Peace.-Lieut. Thomas Wade, Chinese Interpreter.-
Revocation of Commissions of the Peace. -Land. - Act 6 and 7 Vict., Cap. 80.- Death
of Mr. J. R. Morrison. - Crime in 1843.- Curious sentences . - Early history of the Gaol.-
Arrival of Major-General D'Aguilar, C.B.- Conclusion.
HONGKONG was the first British Settlement formed in the Chi- Origin of
nese dominions . By an Act passed in the 4th year of the British
authority
reign of King William the Fourth [ 3 & 4 Wm. IV . c. 93-28th in China.
August, 1833 " An Act to regulate the Trade to China and
India " —it was enacted inter alia that, for purposes of trade and
amicable intercourse with the dominions of the Emperor of China ,
2 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
provision should be made for the establishment of a British
authority in the said dominions, and that for the purpose of
protectingand promoting such trade , three officials , styled " Super-
intendents of the China Trade " should be appointed , one of whom
was to be styled " ChiefSuperintendent " [ sec. 5 ] . The Act further
provided for a Court of Justice with Criminal and Admiralty
Jurisdiction for the trial of offences committed by British sub-
jects within the said dominions, and the ports and havens
thereof, and on the high seas within one hundred miles of the
coast of China, one of the superintendents above-named being
the officer to hold such Court [ sec. 6 ] .
British
Court of Under the provisions of the foregoing Act, an Order by the
Justice King in Council , dated the 9th December, 1833, was accordingly
appointed
Canton. in passed appointing a Court of Justice in Canton , for the trial
of offences committed by British subjects in China . The
following was the Order above alluded to : -
At the Court of Brighton, the 9th day of December, 1833. - Present, The
King's Most Excellent Majesty in Council.
Whereas by a certain Act of Parliament made and passed in the third and
fourth year of His Majesty's reign, intituled " An Act to regulate the Trade
to China and India, " it is amongst other things enacted that it shall and may
be lawful for His Majesty , by any such Order or Orders as to His Majesty
in Council shall appear expedient and salutary, to create a Court of Justice,
with Criminal and Admiralty Jurisdiction, for the trial of offences committed
by His Majesty's subjects within the dominions of the Emperor of China,
and the ports and havens thereof, and on the high seas within one hundred
miles of the coast of China, and to appoint one of the superintendents in the
said Act mentioned to be the officer to hold such Court and other officers for
executing the process thereof : Now, therefore, in pursuance of the said Act,
and in execution of the powers thereby in His Majesty in Council in that
behalf vested, it is hereby ordered by His Majesty, by and with the advice
of His Privy Council, that there shall be a Court of Justice, with Criminal
and Admiralty Jurisdiction, for the purposes aforesaid, which Court shall be
holden at Canton in the said dominious, or on board any British ship or
vessel in the port or harbour of Canton, and that the said Court shall be
holden by the Chief Superintendent for the time being, appointed or to be
appointed by His Majesty under and in pursuance of the said Act of Parlia-
ment.
And it is further ordered , that the practice and proceedings of the said
Court upon the trial of all issues of fact or law, to be joined upon any indict-
ments or informations to be therein brought or prosecuted , shall be conform-
able to, and correspond with, the practice and proceedings of the Courts of
Oyer and Terminer and Gaol Delivery in England, upon the trial of such
issues in such Courts , so far as it may be practicable to maintain such con-
formity and correspondence , regard being had to the difference of local cir-
cumstances and especially it is hereby ordered , that every such issue of fact,
or of mixed fact and law, shall be, by the said Chief Superintendent for the
time being, and a jury of twelve men ; and that upon every such trial the
examination of witnesses for and against the party or parties charged , shall
take place virâ voce in open Court and that the sentence or judgment of
the said Court upon every such trial, founded upon the verdict of such jury, shall
39
INTRODUCTION.
be pronounced in open Court, by such Chief Superintendent as the presid-
ing Judge thereof.
And whereas it will be necessary to frame and prescribe rules of prac-
tice and proceeding to be observed upon all such prosecutions , in order to
ascertain how far the same can be brought into conformity with the prac-
tice and proceeding of His Majesty's Courts of Oyer and Terminer and Gaol
Delivery in England , and how far it may be necessary to deviate from such
practice and proceeding by reason of the differences of local circumstances ---
it is therefore further ordered, that such Chief Superintendent for the time
being shall be, and he is hereby authorized, from time to time, but subject
to the provisions aforesaid, to promulgate all such rules and practice and
proceeding as it may be necessary to adopt and follow, upon, or previously to,
the commitment of any person to take his trial in the same Court -and
respecting taking of bail for the appearance of such person at such trial--and
respecting the form and manner of preferring and finding indictments, and of
exhibiting criminal informations against any persons charged with any crimes
or offences before the said Court--and respecting the manner of summoning
and convening jurors for the trial of such indictments or informations --and
respecting qualifications of such Jurors, and the mode of summoning and
compelling the attendance of witnesses --and respecting the process of the
said Court, and the mode of carrying the same into execution - and respecting
the times and places of holding such Courts, and the duties of the respective
Ministerial Officers attending the same, whom he is hereby authorized to
appoint provisionally, subject to His Majesty's approbation --and also re-
specting every other matter and thing connected with the administration of
justice therein which it may be found necessary to regulate.
And it is further ordered, that all rules so to be promulgated as aforesaid
shall be binding and take effect from the respective days of the dates thereof,
but that the same shall, by such Chief Superintendent, be transmitted to one
of His Majesty's Principal Secretaries of State for His Majesty's approbatiou
or disallowance ; and that any such rule shall cease to be binding, or to have
any force or effect, from and after the time of which His Majesty's disallow-
ance thereof shall be made known to the Chief Superintendent for the time
being.
And it is further ordered , that a record shall be duly made and preserved
of all the proceedings, judgments, and sentences of the said Court, which
record shall be retained in the custody of an officer of the said Court, to be
by the Chief Superintendent specially charged with the performance of that
duty.
And the Right Honourable Viscount Palmerston, one of His Majesty's
Principal Secretaries of State, is to give the necessary directions herein
accordingly.
C. C. GREVILLE.
As will be seen , the jurisdiction of the Court thus created Cession of
was extended to Hongkong at its cession . After the cessation Hongkong.
of hostilities with China, by Circular dated 20th January, 1841 , Capt. Charles
written from Macao, which had become the chief seat of the British Elliot, R N. ,
Chief Super-
during the war, and addressed to British subjects, Captain Charles intendent of
Elliot , of the Royal Navy, the Chief Superintendent of Trade Trade and
and Her Majesty's Plenipotentiary in China, announced the tiary in
cession of the island and harbour of Hongkong to the British China.
Crown, formal possession of the same being afterwards taken
4 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
on the 26th ofthe same month in the name of Her Most Gracious
Majesty, Queen Victoria , after the usual formalities had been gone
through, and on the 2nd February, 1841 , when on board Her
Majesty's ship Wellesley at anchor in Hongkong Bay, issued the
following proclamation whereby the government of Hongkong
devolved upon the Chief Superintendent of the Trade in China,
and provision was made for the government of the natives accord-
ing to the laws and customs of China, and of British subjects under
the Criminal and Admiralty Jurisdiction , presently existing in
China, that is to say, under the statute before quoted :·
PROCLAMATION.
By Charles Elliot, Esquire, a captain in the Royal Navy, Chief Superin-
tendent of the Trade of British subjects in China, and holding full powers,
under the Great Seal of the United Kingdom of Great Britain and Ireland,
to execute the office of Her Majesty's Commissioner, Procurator, and Pleni-
potentiary in China .
The island of Hongkong having been ceded to the British Crown under
the seal of the Imperial Minister and High Commissioner Keshen, it has
become necessary to provide for the Government thereof, pending Her
Majesty's further pleasure.
By virtue of the authority, therefore, in me vested , all Her Majesty's rights,
royalties, aud privileges of all kinds whatever, in and over the said island of
Hongkong whether to or over lands, harbours, property, or personal service,
are hereby declared proclaimed, and to Her Majesty fully reserved .
And I do hereby declare and proclaim, that, pending Her Majesty's
further pleasure, the government of the said island shall devolve upon, and
be exercised by, the person filling the office of Chief Superintendent of the
Trade of British subjects in China for the time being.
And I do hereby declare and proclaim, that, pending Her Majesty's
* The following is an account of the taking possession of the island of Hongkong on
the 25th of January, 1841 , by Captain Sir Edward Belcher, R N. :--
"The only important point to which we became officially parties, was the cession of
Hongkong, situated off the peninsula of Kaulung, within the island of Lama, and on the
northern side of the entrance through the Lemma channel. Captain Scott, of the Sama-
rang, having been left behind to give up the demolished forts of Chuenpe and Tycocktow
to the Chinese authorities, the squadron withdrew from the river, and moved down to
the SW. bay of Lantao, the Commodore, shifting his broad pendant to the Culliope,
moved on to Macao, accompanied by the Larne, Hyacinth, and Modeste. The Columbine
was despatched to Chusan, to recall the force stationed there, and further to direct its
evacuation on the release of Captain Anstruther, Mrs. Noble, etc.
On the return of the Commodore on the 24th, we were directed to proceed to Hong-
kong, and commence its survey. We landed on Monday, the 25th, 1841, at fifteen
minutes past eight a.m., and being the bona fide first possessors, Her Majesty's health
was drank with three cheers on Possession Mount. On the 26th, the squadron arrived ;
the marines were landed, the union hoisted on our post, and formal possession taken of the
island, by Commodore Sir J. J. G. Bremer, accompanied by the other officers of the
squadron, under a feu-de-joie from the other marines, and a royal salute from the ships .
of war.
On the Kaulung peninsula were situated two batteries which might have com-
manded the anchorage, but which appeared at present to be but thinly manned ; these
received duc notice to withdraw their men and guns, as part of the late treaty."†
+ "Narrative of a voyage round the world, performed in H. M. 's ship Sulphur, during the years 1836-1842,
including details of the naval operations in China, from December, 1840, to November, 1842—Published under
the authority of the Lords Commissioners of the Admiralty by Captain Sir Edward Belcher, R.S., K.C.B., etc.,
Commander of the Expedition." - Vol. II., pp. 147-148. Nota. An impression had long prevailed that, when
possession was taken of the island, midshipman Dowell (afterwards Admiral Sir Wm. Dowell, K.C.B., in com-
mand of the China squadron, 1884-18-85) had hoisted the British flag on Possession Mount, but the gallant
admiral himself afterwards corrected the misapprehension. He was, it appears, with the boat's crew that
landed for the purpose of hoisting the flag, but it was not he who performed the act.-J. W. N. K.
INTRODUCTION. 5
further pleasure, the natives of the island of Hongkong, and all natives of
China thereto resorting, shall be governed according to the laws and customs
of China, every description of torture excepted.
And I do further declare and proclaim, that, pending Her Majesty's further
pleasure, all offences committed in Hongkong by Her Majesty's subjects, or
other persons than natives of the island or of China thereto resorting, shall
fall under the cognizance of the Criminal and Admiralty Jurisdiction presently
existing in China.
And I do further declare and proclaim, that , pending Her Majesty's further
pleasure, such rules and regulations as may be necessary from time to time
for the government of Hongkong shall be issued under the hand and seal of
the person filling the office of Chief Superintendent of the Trade of British
subjects in China for the time being.
And I do further declare and proclaim, that, pending Her Majesty's further
pleasure, all British subjects and foreigners residing in, or resorting to , the
island of Hongkong, shall enjoy full security and protection, according to
the principles and practice of British law, so long as they shall continue to
conform to the authority of Her Majesty's government in and over the
island of Hongkong, hereby duly constituted and proclaimed .
Given under my hand and seal of office, on board of Her Majesty's ship
Wellesley, at anchor in Hongkong Bay, this second day of February, in the
year of Our Lord one thousand eight hundred and forty-one.
God save the Queen.
(Signed) CHARLES ELLIOT.
The Chinese inhabitants of Hongkong were warned also by inhabitants
Chinese
proclamation of the cession of the island ; that they were now of Hongkong ,
subjects of the Queen ofEngland, and that , pending Her Majesty's subjects
the Queenof of
pleasure, they would , subject to the control of a British Magis- England .
trate, be governed according to the laws, customs, and usages of
the Chinese.
The population then numbered about 5,000 .
The following is a copy of the proclamation in question :
TO THE CHINESE INHABITANTS OF HONGKONG .
PROCLAMATION.
Bremer, Commander-in-Chief, and Elliot, Plenipotentiary, etc., etc., by this
proclamation make known to the inhabitants of the island of Hongkong, that
that island has now become part of the dominions of the Queen of England
by clear public agreement between the High Officers of the Celestial and
British Courts ; and all native persons residing therein must understand that
they are now subjects of the Queen of England, and to whom and to whose
officers they must pay duty and obedience.
The inhabitants are hereby promised protection, in Her Majesty's gracious
name, against all enemies whatever ; and they are further secured in the free
exercise of their religious rites, ceremonies, and social customs, and in the
enjoyment of their lawful private property and interests. They will be
governed, peuding Her Majesty's further pleasure, according to the laws,
customs, and usages of the Chinese (every description of torture excepted)
6 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
by the elders of villages, subject to the control of a British magistrate ;
and any person, having complaint to prefer of ill-usage or injustice against
any Englishman or foreigner, will quietly make report to the nearest officer,
to the end that full justice may be done. Chinese ships and merchants,
resorting to the port of Hongkong for purposes of trade, are hereby exempted ,
in the name of the Queen of England, from charge or duty of any kind to the
British government. The pleasure of the government will be declared from
time to time by further proclamation : and all heads of villages are held
responsible that the commands are duly respected and observed .
Given under seal of office, this 1st day of February, 1841 .
Capt. Wm. On the 30th of April , 1841 , Captain Elliot , by warrant under
Caine, Chief his hand and seal of office , at Macao , appointed Captain William
Magistrate.
Caine of the 26th ( or Cameronian ) Regiment of Infantry to be
Chief Magistrate of Hongkong , requiring him in the case of
natives to exercise authority " according to the laws , customs ,
and usages of China ," and in the case of all others " according
to the customs and usages of British Police Law ," providing at
the same time a scale of punishment for offences . By the terms
t
of the warran , Captai n r
Caine , was furthe practi cal ly consti-
tuted Chief of the l'olice and of the Gaol . As the warrant of
appointment is important as reciting certain provisions showing
How guided , by what law, forms , and procedure he was guided , it is here
reproduced : ---
WARRANT.
By Charles Elliot, Esquire, Her Majesty's Plenipotentiary, etc., etc.,
charged with the government of the island of Hongkong : Pending Her
Majesty's further pleasure, I do hereby constitute you, William Caine,
Esquire, Captain in Her Majesty's 26th (or Cameronian) Regiment of Infantry,
to be Chief Magistrate of the island of Hongkong ; and I do further authorize
and require you to exercise authority, according to the laws, customs, and usages
of China, as nearly as may be (every description of torture excepted ), for the
preservation of the peace, and the protection of life and property , over all
the native inhabitants in the said island and the harbours thereof.
And I do further authorize and require you, in any case where the crime,
according to Chinese law, shall involve punishments and penalties exceeding
the following scale in severity, to remit the case for the judgment of the head
of the government for the time being.
Scale -Imprisonment, with or without hard labour, for more than three
months ; or penalties exceeding $400 .
Corporal punishment exceeding 100 lashes.
Capital punishment.
And I do further require you, in all cases followed by sentence or infliction
of punishment, to keep a record, containing a brief statement of the case,
and copy of the sentence.
And I further authorize and require you , to exercise magisterial and police
authority over all persons whatever (other than natives of the island , or persons
subject to the Mutiny Act, or to the general law for the government of the
fleet) , who shall be found committing breaches of the peace, on shore or in
the harbours of this island, or breaches of any regulation to be issued from
time to time by this government, according to the customs and usages of
British Police Law.
INTRODUCTION. 7
And I do hereby authorize you, for the police purposes hereinbefore speci-
fied, to arrest, detain, discharge, and punish such offenders, according to the
principles and practice of general British Police Law .
And all persons , subject to the Mutiny Act, or the general law for the
government of the fleet, found committing police or other offences, shall be
handed over to their proper military superiors for punishment.
And I do further authorize and require you, to detain in safe custody any
person whatever, found committing crimes and offences within the goveru-
ment of Hongkong, amounting to felony according to the law of England ;
forthwith reporting your proceedings herein , and the grounds thereof, to the
head of the government for the time being. And for all your lawful pro-
ceedings in the premises, this Warrant shall be your sufficient protection and
authority.
Given under my hand and seal of office at Macao, this thirtieth day of
April, in the year 1841 .
CHARLES ELLIOT.
On the same date " Rules and Regulations for the British
Merchant Shipping and for the Marine Magistrate " were duly
published . The first public notice relating to the sale of land Land,
in the colony, and declaring the conditions upon which allot-
ments of land would be made, was published on the 1st May,
1841 , by Captain Elliot. By this notice it was declared that
the number of allotments to be disposed of from time to time
would be regulated with due regard to the actual public wants ;
that it would be a condition of each title that a building of a
certain value must be erected within a reasonable period of
time on the allotments ; that there would be a general reser-
vation of all Her Majesty's rights ; and that , pending Her
Majesty's further pleasure, the lands would be allotted according
to the principles and practice of British laws upon the tenure
of quit- rent to the Crown. Each allotment was to be put up at
public auction at a certain upset rate of quit-rent and to be
disposed of to the highest bidder ; but it was engaged, upon the
part of Her Majesty's Government, that persons taking land
upon these terms should have the privilege of purchasing in
freehold ( if that tenure should thereafter be offered by Her
Majesty's Government ) , or of continuing to hold upon the
original quit-rent.
This notice further declared that all arrangements with
natives for the cession of lands, in cultivation, or substantially
built upon, were to be made only through an officer deputed
by the Government of the island ; and that no title would be
valid , and no occupancy respected , unless the person claiming
should hold under an instrument granted by the government
of the island, of which due registry must be made in the
Government Office. It was distinctly to be understood that all
natives, in the actual occupancy of lands, in cultivation , or
substantially built upon, would be constrained to establish their
8 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
rights , to the satisfaction of the land officer, and to take out
titles, and have the same duly registered . Persons purchasing
town lots were to be entitled to purchase suburban or country
lots subject to the approval of the Government, but no run of
water was to be diverted from its course without permission of
the Government. [ Hongkong Gazette, 1st and 15th May, 1841. ]
On the 7th June, 1841 , a notice under the hand of Captain
Elliot dated from Macao was advertised of the proposed sale
of the annual quit-rents of 100 lots of land with water front-
age, and of 100 town or suburban lots. The sale was to take
place at Hongkong on the 12th of the same month, but was
postponed to the 14th when it was found impossible to
put up the number of lots ( 200 ) as advertised, and only 50
lots having a sea frontage of 100 feet each, or nearly so, were
offered for sale. Not only was the frontage of these lots not
defined, but the depth from the sea to the road ( the present
Queen's Road) was stated , in the terms of sale, to vary consider-
ably, and intending purchasers would have the opportunity of
observing the extent for themselves.
The terms of sale further stated that the biddings were to be
for annual rate of quit-rent, and should be made in pounds
sterling, the dollar in all payments to be computed at the rate
of 4s . 4d. The upset price was fixed at £10 for each lot, and
the biddings were to advance by 10s. Each lot having been
knocked down to the highest bidder, he was to receive an
acknowledgment that he was the purchaser of the lot ; and this
acknowledgment was to be exchanged for a more formal title
as soon as the precise measurement and registration of the lots
should be completed . The purchasers were required to erect
upon each lot a building of the appraised value of $ 1,000 , or to
incur upon the land an outlay to that amount, within a period
of six months from the date of sale, under penalty of forfeiture .
The terms of sale were signed by Mr. J. Robert Morrison ,
Acting Secretary and Treasurer to the Superintendents of
Trade.
Three days after the sale, Captain Elliot addressed a letter
from Macao to Messrs . Jardine, Matheson, & Co. , and Messrs.
Dent & Co. , respecting the disposition of the Crown lands of
Hongkong, pending the pleasure of Her Majesty's Government ,
as follows :-
Macao, 17th June, 1841 .
Gentlemen,
Having had under my consideration the particulars of the first sale of lots
in Hongkong on the 14th instant, I am of opinion that I shall be consulting
the interests of the establishment in making immediate public declaration of
my proposal to move Her Majesty's government either to pass the lands in
fee simple for one or two years purchase at the late rates , or to charge them in
future with no more than a nominal quit-rent, if that tenure continues to obtain ,
INTRODUCTION . 9
My own object respecting the disposal of lands, pending the pleasure of
Her Majesty's Government, was to secure to firms, and all other persons,
British and Foreigners, having permanent interest in the country, sufficient
space for their necessities, at moderate rates, with as little competition as
might enable parties to accommodate themselves according to their respective
wants.
I feel assured , upon attentive reflection, that steady adherence to this
rule will be found most conducive to the well-understood interests of the
establishment, and to the fair claims of persons on the spot. Parties falling
within the description I have specified, not yet supplied with lots, will soon
be in a situation to accommodate themselves.
May I request you, Gentlemen, to circulate this letter. - I have, etc.,
CHARLES ELLIOT.
Messrs. Jardine, Matheson, & Co. , and Messrs . Dent & Co."
On the 15th October, 1841 , a Government Notification , dated
at Hongkong and signed by Mr. A. R. Johnston , Deputy
Superintendent charged with the Government of the island of
Hongkong, was issued, stating, with reference to the public notice
and declaration under date the 1st May, 1841 , that it was then
(October) found desirable that persons applying for lots of land for
the purpose of building upon should be at once accommodated
upon terms which would be made known to them by applica-
tion in person to the Land Officer.
The terms referred to in this notification were payment of
Crown rent at the average rate of rental realized at the sale on
the 14th June, 1841 , and at the rate of £20 per annum per
quarter acre for town inland lots and £ 5 per quarter acre for
suburban inland lots .
On the 7th June, by proclamation under the hand of Captain Chinese
traders in-
Elliot, Chinese traders were invited to trade with Hongkong, tdto
full protection being promised them, it being stated also that Hongkong.
there would not be any charges on imports or exports. Rewards Pirates.
leading to the detection of pirates were also promised, the
pirates to be taken and delivered to the Chinese Government
for punishment .
By public notification dated the 19th June, 1841 , consequent Commodore
Sir J. J. G.
upon the intended departure of Captain Elliot, it was announced Bremer,
that Her Majesty the Queen had been pleased to appoint Joint
Plenipoten-
Commodore Sir James John Gordon Bremer , Knt. , c.B. , K.C.H. , tiary.
to be Joint Plenipotentiary ; on the 22nd June, Alexander
Robert Johnston , Esquire, Deputy Superintendent of the Trade A. Johns-
ton,R.Deputy
of British Subjects in China, assumed charge of the government Superinten
of the island of Hongkong on behalf of the Chief Superintendent ; dent.
and on the 31st July, Lieutenant William Pedder, R.N. , lately Lieut.
of H. M. S. Nemesis , received the appointment of Harbour Pedder,
Marine R.N.,
Master and Marine Magistrate, regulations for the port of Magistrate.
Hongkong and for the Marine Magistrate being also published .
10 HISTORY OF THE LAWS, ETC. , OF HONGKONG.
Sir H. Pot- On the 15th May, 1841 , Sir Henry Pottinger , Baronet, a
tinger, Chief Colonel in the service of the East India Company , received the
Superinten-
dent of appointment of Her Majesty's Chief Superintendent of Trade
Trade.
in China, in succession to Captain Elliot, who, on being apprised
Departure of
Capt. Elliot . of the same, left for England in the steamer Atalanta via Bombay,
on the 24th August, leaving the Government of Hongkong in
charge of Mr Johnston , his deputy . Lord Palmerston also
transmitted to Sir Henry Pottinger a full power authorizing
and empowering him to negotiate and conclude with China any
treaty or agreement for the arrangement of differences subsisting
between Great Britain and China . Captain Elliot arrived in
England on the 6th November, and not long after was appointed
Consul - General at Texas. He left England on the 1st June ,
1842 , to assume the duties of his new office. Prior to his
departure, in the House of Commons on the 31st May, 1842 ,
Sir Robert Peel stated " that, without giving any opinion on the
conduct or character of Captain Elliot, during the occupancy
of his difficult and embarrassing position at Canton , he never-
theless was disposed , from his intercourse with him since he
returned home, to repose the highest confidence in his integrity
and ability ."
Arrival of During the night of Tuesday, the 10th August, 1841 , the
Sir H. Pot-
tinger. H. E. I. Co.'s Frigate Sesostris arrived at Macao with Sir
Henry Pottinger and Admiral Sir Wm. Parker, K.C.B. , Com-
mander of the Naval Forces, on board. On taking charge of
the offices of Her Majesty's sole Plenipotentiary and Chief
Superintendent in China, on the 12th August , 1841 , Sir
Henry Pottinger duly notified his appointment to the public,
at the same time availing himself of the opportunity to announce
that " the arrangements which had been made by his predecessor
connected with the island of Hongkong, would remain in force
until the pleasure of Her Majesty regarding the island and these
arrangements shall be received." Mr. Johnston continued in
charge of the island as before, under the title of " Deputy
Superintendent of British Trade charged with the government
of the island of Hongkong. "
Chinese In- In its September number ( 1841 ) , Blackwood's Magazine
terpretation. contained an article upon the subject of Chinese interpreters and
their translations. The article is here reproduced as pointing
to a matter of public importance up to this date, and which
was then rightly termed by the writer one of the " grossest of $
all abuses ." The following was the article in question :—
CHINESE INTERPRETERS .
" The delusions as to facts are theirs ; but we ourselves are exposed to the
most serious delusions as to the Chinese meaning, by the mendacious qualities
of those translations which we consent to receive from our interpreters . These
Interpreters, manifestly British, are more palpably falsifiers from ignorance
INTRODUCTION. 11
than the Turkish from fraud. They know little enough, perhaps, of the
oral Chinese ; but everybody knows how much more difficult is the written
Chinese which it takes a long life to master in any reasonable proportion of
characters. At all events, the translations themselves are good evidence
that the translators are falsifiers. Even in our own literature, not one
translation in thirty from the German, but is disfigured by the vilest ignor-
ance of the German idiom. Under the government of Napoleon, Chenier,
who was personally pensioned by the State, and was sometimes employed to
translate Spanish despatches, etc., shows by mistranslations the most childish,
in his printed specimens from many Spanish poets, that he was a mere
incipient student of that language, at a time when he was undertaking the
Spanish literature, and when he was confidentially relied on by the French
Government. Yet, in such a case, the mischief had limits. Many Spaniards
are always to be found in Paris ; and too gross an error would at once have
awakened suspicion. In China, on the other hand, there is nobody on our
part to make a sceptical review of the translations, and sentiments the most
impossible to a Chinese mind pervade the whole documents. Thus the
Emperor is made to say at one time, that the English must be made prisoners
and conducted to Pekin, " there to undergo the last penalties of the law."
This phrase is a pure fiction of the translator's ; no such idea as that of the
law's supremacy, or a prisoner's death being a sacrifice to law and not to the
Emperor's wrath, ever entered or could enter an Oriental head--far less a
Chinese head. Again, in a more recent State paper, the Emperor is made to
say that one of the two nations militant must conquer, and one must die.
Here the very insolence of mendacity appears in the trauslator. What
Oriental potentate could by possibility acknowledge a deadly or a doubtful
contest ? What Chinese Sovereign, nursed in the belief that all Europe is
composed of a few petty islands in a dark corner of the world, abandoned
by all respectable people, who admits into his maps no important State but
Russia, and views himself as a brother of heavenly powers, would ever
present to his people even the hypothesis of such a dilemma ? The case
begins in ignorance, and ends in mendacity. We shall never obtain one
glimmer of the Chinese meaning, nor they of ours, if some remedy is not
instantly applied to the grossest of all abuses."
With what foresight these remarks were penned , this work
throughout will show .
The Hongkong Gazette, in its number of the 1st January, Progress of
1842 , while reviewing the progress of the island from the time Hongkong
after occupa
it was taken possession of in January of the previous year, tion.
mentions that nothing was done for its improvement until
May, 1841 , when a Chief Magistrate was appointed , and a
road commenced ; and that from May to August the popula-
tion increased most rapidly, estimating it, after the first year
of occupation, at about 15,000 persons . The population, then,
was stated to be hard-working, industrious, and cheerful , the
people too much engaged apparently with their own affairs to
have time for idleness, crimes having been anything but of
frequent occurrence, the magistracy and prison being also
*
mentioned as having been then completed.
These were the first two buildings erected in Hongkong. An interesting paper
from a Chinese point of view appears in the Chinese Repository, 1843. Vol. xii., pp.
362-368, on Hongkong. The extortion practised by the Chinese officials then in Govern
ment employ and by the Police at this early period of the Colony, will be found there
duly noticed,
12 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Hongkong Her Majesty's Plenipotentiary, by proclamation of the 16th
declared a
free port. February, 1842 , declared Hongkong a free port, and on the
25th of the same month notified his intention of removing his
Superintend- establishment from Macao to Hongkong, where his presence
ency of
Trade re- had become necessary, appointing Mr. John Rickett, Govern-
moved from ment Agent at the former place. He remained here until the
Macao to
Hongkong. month of June when he rejoined the headquarters of the
expedition on its way to Nanking just after the capture of
Woosung. During his stay in Hongkong, Sir Henry Pottinger
Further pro- personally superintended the affairs of the Colony. At the
gress of
Hongkong. end of March, the Friend of China, a local paper, while noticing
the progress of Hongkong at this early stage, remarked that the
annals of colonization did not record a like progress , and quali-
fied the beginning as " miraculous. " The population had now
increased to at least 20,000 , many if not most of them being
said to be outcasts from their own country and perhaps liable
to punishment for crimes against their own laws , which made
it a matter of congratulation that order was so well established ,
Judicial Es despite frequent piracies and robberies. The Judicial Establish-
tablishment. ment now consisted of Major Caine as Chief Magistrate ;
Mr. Samuel Fearon , as Interpreter and Clerk of the Court,
Coroner, and Notary Public ; and Lieutenant Pedder, R.N. , as
Marine Magistrate and Harbour Master.
Magisterial The powers and authority originally granted to the Chief
powers and
and Marine Magistrates having been increased in some respects ,
authority.
and their warrants of appointment revised and modified , these
were now on the 25th April, 1842 , duly published . The Chief
Magistrate's jurisdiction in civil matters was raised to $250 ,
with power to confine debtors , if necessary, though it was
wished more extensive powers had been vested in him in regard
to piracy which had become a daily increasing evil . For a
robbery committed in June, the records show that the captured
prisoner was sentenced by the Chief Magistrate to receive sixty
strokes of the bamboo, the mode of inflicting legal punishments
among the Chinese and which had been locally adopted .
Land. Nine months had hardly elapsed since the first land sale of
the 14th June, 1841 , before alluded to , when difficulties began to
arise between the purchasers and the Government owing to the
uncertain description of the lots sold , the claims made for allot-
ments of land, the alteration, curtailment, and enlargement of
boundaries by the making of new roads, and the uncertain
tenure upon which the land was to be held, and on the 22nd
March, 1842, Sir Henry Pottinger issued a Government Notifi-
cation of his intention to appoint a Committee to investigate
any claim that might then be pending regarding allotted loca-
tions of ground of whatever description , and finally to define
and mark off the limits of all locations that had yet been sold
INTRODUCTION . 13
or granted upon any other terms . The Committee were like-
wise to definitely fix the direction , breadth, etc. , ofthe " Queen's
and all other public roads within the Settlement, and empowered
to order the immediate removal of any encroachments that
might be found to have been unauthorizedly made upon them,
the expense of such removals being charged to the individuals,
to whom the locations , in which they might have been made,
belonged . This notification added that the Committee would
further be instructed to turn its attention to the examination
of the best points for laying down new lines of roads , etc. , and
providing locations to meet the demands that might be expected
from the rapidly increasing population of the Colony, both
European and native, and that any suggestions that individuals
might wish to offer on this part of the Committee's proceedings
would receive from it the fullest consideration ; but it was at
the same time expressly notified that no purchases of ground ,
by private persons, from natives formerly or then in possession
would be recognized or confirmed unless the previous sanction
of the constituted authorities should have been obtained, it being
the basis of the footing on which the island of Hongkong had
been taken possession of and was to be held , pending the Queen's
Royal and Gracious Commands, that the proprietary of the soil
was vested in and appertained solely to the Crown, and that, on
the same principle, the reclaiming of land , beyond high water
mark, must be deemed an infringement on the royalties of
Her Majesty, and was therefore positively prohibited by any
private persons.
The Land Committee was appointed by Sir Henry Pottinger
on the 29th March, 1842 .
The members of the Committee were-
Major Malcolm .
With the sanction of
Captain Meik, H. M.'s 49th Foot.
Major- General Burrell , c.B. Lieut. Sargent.
R. Woosnam .
With the sanction of Capt.
Mr. Pasco.
Sir Thomas Herbert , K.C.B. }
The Land Officer, Captain Mylius , was to attend the Com-
mittee for the purpose of giving effect to its proceedings by
laying down the necessary land marks , boundaries , roads , etc.
The instructions to the Committee were to report to Government
any cases in which they were of opinion that the native Chinese
should be remunerated for ground which was in their possession
previous to the occupation of the island by Her Majesty's forces
and which might have been appropriated , as well as the amount
of remuneration ; to select the most eligible spots for building
landing places ; to define the limits of the cantonments , or loca-
tions for officers , near the different barracks ; to likewise fix
14 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
the extent of ground to be preserved for the naval depôt, and
for dock yards, including spots for one or more patent slips
which, it was understood , were likely to be erected by companies
or individuals ; and it being the intention of the Government to
form a watering place for the shipping, the Committee were to
select the most eligible spot with a running stream of good
water for the purpose.
This Committee appears to have granted several lots of land ,
but made no report upon the matters submitted to them . No
lease or other deed of grant of the lots had at this time been
issued to the purchasers, the " grant " of the lot being simply
an entry in a book kept by the Land Officer showing only the
name of the purchaser and the side measurements of the lot
purchased, and as sales of lots had already begun to take place
from one holder to another, difficulties had arisen as to the
liabilities of the purchasers to the Crown . As a remedy for
these difficulties and to provide for the registration of sales , the
following Government Notification of the 2nd May, 1842 , signed
by the Land Officer, was issued : -
GOVERNMENT NOTIFICATION .
"With a view to the prevention of future misunderstanding and difficulties,
His Excellency Sir Henry Pottinger, Bart., is pleased to direct that no sales
of land are to be made by the holders of grants to other parties except with
the knowledge of the Land Officer, and that any sales that may have been
made, or may be made in future, unless registered in the Land Office, shall
be held to be invalid.
" Purchasers of grants from the individuals before holding them are to
understand distinctly that they will be under the same liabilities to Govern-
ment as the parties from whom they purchase. "
By Order,
(Signed) GEO. F. MYLIUS,
Land Officer.
Land Office, Hongkong, 2nd May, 1842.
Only two weeks after this date the appointment of Land
Officer was temporarily abolished , and further grants of land
were prohibited .
On the 27th May, 1842 , a " Land and Road Inspector " was
appointed to do the work of the Land Officer. His instructions
with reference to the Crown Lands of the Colony stated that ,
as the existing prohibition against further grants of land was
to continue in full force pending the receipt of commands from
Her Majesty's Government, it would not even be necessary for
him to bring any applications on that subject to the notice of
the Deputy Superintendent who would be charged with the
Civil Government of the island during the absence of Sir Henry
Pottinger. The duties of the new Land and Road Inspector
were to prevent encroachments on the unappropriated lands or 1
on the roads, and he was to register in his Office all sales and
INTRODUCTION. 15
transfers of land in conformity with the notification issued by
the Land Officer on the 2nd of the same month . This notifica-
tion was signed by Mr. J. R. Morrison , Acting Secretary and
Treasurer .
The administration of the estates of intestates who had died Administra.
in the Colony now began to engage the attention of the author- tion of
Intestates'
ities, Her Majesty's Superintendent of Trade appointing Estates.
alternately an official to act " on their behalf " in such matters .
The first instance of the kind dates from the 9th May, 1842,
when it was notified that Mr. Robert Edwards would ad-
minister to the estate of one Alfred Rivers Labtat on behalf of
the " Superintendent." The formula necessary for administering
to estates of deceased persons does not appear to have been
adopted at this early period of the colony. Counterfeit coins in Counterfeit
circulation had become so plentiful that, in July, 1842 , the Coins.
Chief Magistrate issued a proclamation giving warning of the
consequences entailed in being found in possession of these.
A new edition of the rules and regulations for the Colonial Colonial
Service
Service was received at this time by the Government. Several Rules.
were of judicial interest, but were not applicable to Hongkong,
which, as yet, possessed no legislature of its own.
Secret societies ,
numerously supported, were reported as Secret
Societies.
established in Hongkong and possessing much influence.
A treaty of peace and friendship with China having been Treaty of
concluded and signed on the 26th August, 1841 , Her Majesty's Peace and
Friends hip
Plenipotentiary, Sir Henry Pottinger, while on board the steam with China.
frigate Queen in the Yangtze Kiang River, off Nanking, on Hongkong
the same date, issued a circular to British subjects in China, ceded in
which recited the most important provisions of the treaty, the perpetuity.
fourth paragraph of which declared " the island of Hongkong
ceded in perpetuity
99 to Her Britannic Majesty, her heirs and
successors.
By a subsequent treaty , known as the Treaty of Nanking,
dated August 29, 1842, section III., after repeating the
cession clause before quoted , laid down that Hongkong was "to
be governed by such laws and regulations as Her Majesty the
Queen of Great Britain , etc. , shall see fit to direct."
The news conveying the conclusion of peace reached London Home
on the 22nd November, 1842 , and diffused great joy, Lord rejoicings.
Stanley writing to the Lord Mayor " that it had pleased
Almighty God to crown Her Majesty's arms with complete
success ; and that the Emperor of China had been compelled
to recognize the claims of Great Britain, " -a paper remarking
that "in the metropolis the church bells rang, the Park and
Tower guns roared in honour of the occasion. A salute from
the Castle and the chimes of the city bells gladdened the citizens
of Auld Reekie. In Dublin , more gay and joyous still, the whole
16 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
garrison assembled in Phoenix Park and hailed the welcome
news by firing a feu- de -joie. At Liverpool the intelligence
was greeted with firing of guns and ringing of bells . In the
provinces the demonstrations of popular satisfaction were
universal." By notification in the Gazette of the 2nd December ,
1842 , it was announced that to mark her appreciation of the
services of the distinguished commanding officers, Her Majesty
had been pleased to confer upon Vice-Admiral Sir Wm.
Parker, K.C.B., Commander of Her Majesty's Naval Forces in
India and China, and Major- General Sir Henry Pottinger ,
Bart. , K.C.B., Her Majesty's Plenipotentiary in China , the in-
signia of Knight Grand Cross of the Most Honourable Order
of the Bath , the thanks of both Houses of Parliament being
awarded to the Commanders of the army and navy.
Local
opinion. Commenting upon the treaty, the local paper The Friend
of China and Hongkong Gazette of the 10th September,
1842 , remarked that the stipulations were such, that whilst
they were not unbefitting the dignity of Great Britain , they
were yet so moderate in their scope and tenour, as to compel
the admiration of the civilized world . The importance of the
stipulation of the cession of Hongkong in perpetuity to Great
Britain was hardly recognizable, except that it relieved the subjects
of the Emperor from any pains and penalties to which otherwise
they would be exposed, by resorting hither.
Edward On the 3rd September, 1842, Mr. Edward Farncomb received
Farncomb,
Coroner. the appointment of Coroner for Hongkong in succession to Mr.
S. Fearon, and was duly sworn in . This gentleman had pre-
viously advertized his qualifications to the public in the follow-
ing manner which will bear reproduction :-
CIRCULAR.
Mr. Edward Farncomb,
Of London,
begs most respectfully to announce to his friends, and the public in general,
that he has opened
An Office in Hongkong
as
An Attorney at Law and Conveyancer,
and he begs to solicit their patronage. In addition, he takes the opportunity
to assure them that any matters which may be entrusted to him will meet
with the best attention, care and secrecy .
No. 1 , Magistracy Street.
The first Coroner's inquest recorded was held on the 1st October ,
1842 , when Mr. Farncomb held an inquest into the cause of
death of a Chinaman whose body had been found floating close to
the pier on the morning of the same date bearing a gun-shot
wound, and who was said to have been one of a gang of thieves
who, on the previous evening, had broken into the premises
of a local merchant named J. F. Hight, and at whom the latter
had fired a random shot . The jury returned a verdict that “ the
INTRODUCTION. 17
Chinaman was shot by the pistol " and there the matter seemed
to have ended .
Daring gang robberies were frequent at this period and com- Crime in
plaints were rife as to the inability of the authorities to cope Hongkong.
with them, in consequence of which the Chief Magistrate issued
a proclamation in Chinese which was posted on the walls about
the town, and which excited considerable interest among the
native population. The following is a translation of the procla-
mation :-
"Caine, Chief Magistrate of the Great English nation's territory of
Hongkong, issues his proclamation. It appears that recently a great many
night robberies have been committed, and this proclamation is now issued
for the full information of all the people. Hereafter all Chinese, besides the
usual watchmen, are forbidden to walk the streets after eleven o'clock at
night, and whosoever shall violate this prohibition shall be arrested by the
Police and brought before the Chief Magistrate for thorough examination
and judgment.
Let each tremblingly obey. A special proclamation .
Taou-Kwang, 22nd year, 9th moon, 1st day, 4th October, 1842."
Accounts of piracies also continued to attract public atten- Piracy.
tion, H. M.'s Plenipotentiary undertaking to take measures in
conjunction with the Chinese authorities to put down the
pirates . Sir Henry Pottinger, however, was not long before he
discovered how futile would be any attempt on his part to
induce the Chinese authorities to co-operate with him in his
endeavour to put down piracy, for, writing from Government
House, on the 8th March, 1843 , he informs Admiral Sir William
Parker that the Chinese had " civilly declined "
" any co -opera-
tion with him, and that he ( Sir Henry Pottinger) had been for
some days in communication with the principal mandarin
entrusted with the general superintendence of this service, at
the same time detailing the Chinese plans. But the public did
not rest satisfied and were greatly incensed at the course
pursued, complaining, naturally enough, from their knowledge
of the Chinese, that the arrangement was one that would never
answer and ought, under no circumstances, to be countenanced,
no one having any confidence in the integrity of Chinese
officers . Piracy from the frequency of its occurrence had
been forced upon public attention more than ever since January,
1843, when the pirates had had the audacity to capture a
Chinese vessel while under convoy of one of Her Majesty's
sloops of war.
The reports from the Chief Magistrate's Court to the end of End of 1842.
1842 contain nothing of interest outside the usual punishments
inflicted for serious offences, mostly robberies, which consisted
in some cases of 60 to 100 strokes of the bamboo, besides several
months' imprisonment. The administration of justice with
18 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
regard to the inadequate punishment meted out for serious
crimes also called for reform, power being asked , without an
expensive judicatory, to meet the then existing exigencies of
society . The want, moreover, of a properly constituted Court of
civil jurisdiction being also felt as well.
Sir Henry The forms and ceremonies, attendant upon the investiture of
Pottinger,
K.C.B. Sir Henry Pottinger with the insignia of a Knight Grand Cross
of the Most Honourable Order of the Bath were observed at
Government House on the 20th May, 1843 , Vice - Admiral Sir
William Parker, at the express command ofthe Home Government,
investing him with the Order, the Admiral himself having been
invested with the insignia on board H. M. S. Cornwallis, on the
18th of the same month.
Queen's By proclamation of the 1st June, 1843 , an Order passed at a
Order in
Council re- Privy Council held at Windsor on the 4th January, 1843,
moving to
Canton from directing the removal to Hongkong of the Criminal and
Hongkong, Admiralty Courts heretofore held at Canton under Order in
and Criminal
the Admir- Council of the 9th December, 1833 , was ordered to be published.
Whether this removal was meant as a measure of convenience to
the Chief Superintendent of Trade, whose time was now almost
entirely taken up with Hongkong affairs or as a temporary
relief to the community of Hongkong, is not quite apparent,
although, from the previously unsatisfactory state of affairs, this
would seem to have been the object aimed at . But suffice it to
say that though the removal of the Court from Canton to
Hongkong and the establishment of suitable rules of practice
and procedure were in themselves to be considered in the light
of an improvement, nevertheless the fact remained that both
the machinery and powers were yet still wanting and were totally
insufficient to meet the altered state of things. The following
is the Order above alluded to :-
At the Court at Windsor, the 4th day of January , 1843 - Present, The
Queen's most Excellent Majesty in Council. Whereas by an Act of Parliament
made and passed in the Session of Parliament holden in the third and fourth
years of the reign of His late Majesty King William the Fourth, intituled
" An Act to regulate the Trade to China and India," it was, amongst other
things, enacted , that it should and might be lawful for His said Majesty, by
any such Order or Orders as to His said Majesty in Council should
appear expedient and salutary, to create a Court of Justice, with Criminal
and Admiralty Jurisdiction, for the trial of offences committed by His said
Majesty's subjects within the Dominions of the Emperor of China and the
ports and havens thereof, and on the high seas within one hundred miles
of the coast of China ; and to appoint one of the Superintendents, in the said
Act mentioned, to be the Officer to hold such Court, and other Officers for
executing the process thereof :
And whereas, in pursuance of the said Act, and in execution of the
powers thereby in His said late Majesty in Council in that behalf vested,
it was, by an Order dated the 9th day of December, one thousand eight
hundred and thirty-three, ordered by His said late Majesty, by and with the
INTRODUCTION. 19
advice of His Privy Council, that there should be a Court of Justice, with
Criminal and Admiralty Jurisdiction, for the purposes aforesaid , which
Court should be holden at Canton, in the said dominions, or on board any
British ship or vessel in the port or harbour of Canton ; and that the said
Court should be holden by the Chief Superintendent for the time being
appointed or to be appointed, by His said late Majesty, under and in pur-
suance of the said Act of Parliament :
And whereas it is expedient that the said Court of Justice should hence-
forth be holden in the island of Hongkong :
Now , therefore, in further pursuance of the said Act, and of the powers
thereby in Her Majesty in Council in that behalf vested, and of all other
powers to Her Majesty belonging or in any wise appertaining, it is hereby
ordered by Her Majesty, by and with the advice of Her Privy Council, that
the said Court shall henceforth be holden in the island of Hongkong ; and
that the same shall have and exercise jurisdiction for the trial of offences
committed by Her Majesty's subjects within the said island and within the
dominions of the Emperor of China and the ports and havens thereof, and
on the high seas within one hundred miles of the coast of China and it is
hereby further ordered , that the said Court shall be holden by the Chief
Superintendent for the time being appointed , or to be appointed, by Her
Majesty, under and in pursuance of the said Act :
And Her Majesty, by and with the advice of Her said Council, doth hereby
confirm in all other respects the said Order of His said late Majesty in Council,
dated the ninth December, one thousand eight hundred and thirty- three.
And the Right Honourable the Earl of Aberdeen, one of Her Majesty's Prin-
cipal Secretaries of State, is to give the necessary directions herein accordingly.
(Signed) C. C. GREVILLE .
And on the 20th June, 1843 , the Rules of Practice and
Proceeding in the Criminal and Admiralty Court were duly
promulgated for general information . Mr. Alexander Scott, on Alexander
the removal of the Court from Canton, became the Recording Scott,
Recording
Officer in Hongkong. The records do not show that he had Oficer.
previously held the same position in the former place or when
he arrived in the Colony.
Public opinion had now begun to assert itself as to the neces- Agitation for
sity for a revision of the law as then administered . It was the reforms in
adminis-
considered ill-judged and impolitic that the Chinese residents tration of
should be amenable to their own laws and usages ; that though justice.
the large bulk of the population was Chinese and mostly of
the worse class , still the British laws were admirably suited to
their necessities and fully adequate to all their moral and social
exigencies . As had been done elsewhere, it was admitted to
have been a capital error in English policy to have guaranteed
the maintenance of the laws, franchises, and customs , besides the
authorized official use of the languages, of conquered countries.
The existence of an English patois, which was regularly taught
in schools and was spoken by thousands in Hongkong, was in
itself of immense value, and moreover the disposition and wish
of the intelligent classes of the Chinese to know more of us and
of our institutions led one to hope that every exertion would be.
20
20 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
made to encourage the adoption of our customs, manners , and
language by the natives, and the only effectual way by which
this could be attained was by making all residents in Hongkong
amenable to British laws, and to none other whatsoever. In the
House of Commons on Tuesday, the 17th February, 1843 , Sir
G. Staunton rose, pursuant to notice, to inquire whether it was
the intention of Her Majesty's Government to bring any bill
into Parliament in the course of the session for the purpose of
regulating the administration of justice in Hongkong. Sir R.
Peel agreed with the honourable baronet that it was absolutely
necessary that measures should be taken to regulate the Courts of
Justice at Hongkong ; but he thought it would be much better
to postpone legislation on the subject until they had had an
opportunity of advising with Sir Henry Pottinger, to whom he
alluded in flattering terms. Her Majesty's Government, more-
over, did not wish to proceed with any measures in general
legislation until they possessed the advantage of his advice and
opinions. As will be seen, however, native laws, to some extent,
were afterwards adopted, at all events as regards criminal
offenders, for section 25 of Ordinance 10 of 1844, relating to
proceedings before Justices of the Peace, provided that Chinese
offenders were to be punished according to Chinese usage. This
provision continued in force until as late as 1875 , when it was
repealed by Ordinance No. 16 of that year, and the third section of
the first Ordinance establishing the Supreme Court in the
Colony, No. 15 of 1844, also laid down that in all criminal
proceedings within the jurisdiction of the Court, it should be
lawful to punish the offenders according to the laws of China.
The Charter The public had not long to wait to see the accomplishment
of Hongkong of their wishes in the way of reform generally in Hongkong,
for no sooner was the treaty of peace before alluded to duly
ratified and exchanged than a Royal Charter declaring Hong-
kong a separate Colony with established Courts and full
Sir Henry legislative powers , and a Commission appointing Sir Henry
Pottinger,
Governor. Pottinger (who until now had governed Hongkong by virtue of
his Commission as Superintendent of Trade) the first Governor
of the Colony and its dependencies, though retaining his position
of Chief Superintendent of the Trade of Her Majesty's subjects
in China, were duly proclaimed and published . Sir Henry
Pottinger's Commission as Governor under the Queen's Sign
Manual, was dated the 5th April , 1843 .
"The Colony By proclamation dated the 26th June, 1843 , Sir Henry Pottinger
ofHong.
kong." was further pleased to direct " that the present city, on the northern
" The City of side of the island, shall be distinguished by Her Majesty's name,
Victoria,"
and that all public communications , archives, etc. , etc., shall be hence-
forward dated Victoria ." Until this time the town proper had
INTRODUCTION. 21
been known by the name of " Queen's Town," though a wish
had often been expressed that the name now given might be
declared official . As both the Proclamation and Charter are
of such lasting importance, they are reproduced in full : —
PROCLAMATION.
The treaty of peace, ratified under the Signs Manual and Seals of the
respective Sovereigns, between Her Majesty the Queen of the United Kingdom
of Great Britain and Ireland, etc., etc., and His Imperial Majesty the
Emperor of China, having been this day formally exchanged, the annexed
Royal Charter and Commission, under the Great Seal of State, are hereby
proclaimed and published for general information, obedience and guidance.
His Excellency Sir Henry Pottinger, Bart. , G.C.B. , etc., etc., has this day
taken the oaths of office, and assumed charge of the government of the
Colony of Hongkong and its Dependencies.
In obedience to the Gracious Commands of Her Majesty, as intimated in
the Royal Charter, the island and its dependencies will be designated and
known as " The Colony of Hongkong " ; and His Excellency the Governor
is further pleased to direct, that the present city, on the northern side of the
island, shall be distinguished by Her Majesty's name, and that all public
communications, archives, etc., etc. , shall be henceforward , dated " Victoria."
God save the Queen.
HENRY POTTINGER.
Dated at the Government House at Victoria, this 26th day of June, 1843 .
The following is the Charter :-
CHARTER OF THE COLONY OF HONGKONG.
Victoria, by the Grace of God, of the United Kingdom of Great Britain
and Ireland, Queen, Defender of the Faith, -To all to whom these Presents
shall come- Greeting : Know Ye-that We of our especial grace, certain
knowledge, and mere motion, have thought fit to erect and do hereby
our island of Hongkong and its dependencies, situate between
twenty-two degrees nine minutes and twenty-two degrees twenty-one
minutes north latitude, and the one hundred and fourteenth degree six
minutes and the one hundred and fourteenth degree eighteen minutes east
longitude from the meridian of Greenwich, into a separate Colony, and the
said island and its dependencies is hereby erected into a separate Colony
accordingly, to be known and designated as " The Colony of Hongkong."
And we do hereby further grant, appoint, and ordain that the Governor for
the time being of the said Colony, and such other persons as are hereinafter
designated, shall constitute and be a Legislative Council for the said Colony :
And we do hereby direct and appoint that, in addition to the said Governor,
the said Legislative Council shall be composed of such Public Officers within
the said Colony, or of such other persons within the same as shall from time
to time be named or designated for that purpose by Us, by any Instruction or
Instructions or Warrant or Warrants, to be issued by Us for that purpose
under Our Signet and Sign Manual, and with the advice of Our Privy
Council, all of which Councillors shall hold their places in the said Council
at our pleasure : And we do hereby grant and ordain, that the Governor for
the time being of the said Colony, with the advice of the said Legislative
Council, shall have full power and authority to make and enact all such
Laws and Ordinances as may from time to time be required for the peace,
order, and good government of the said Colony of Hongkong : And that in
22 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
the making all such Laws and Ordinances, the said Governor shall exercise
all shall powers and authorities, and that the said Legislative Council shall
conform to and observe all such rules and regulations , as shall be given and
prescribed in and by such instructions as We, with the advice of Our
Privy Council, shall from time to time make for his and their guidance
therein Provided , nevertheless, and We do hereby reserve to Ourselves, Our
Heirs and Successors, Our and their right and authority to disallow any such
Ordinances in the whole or in part, and to make and establish from time to
time, with the advice and consent of Parliament, or with the advice of Our
or their Privy Council, all such Laws as may to Us, or them, appear
necessary, for the order, peace, and good government of our said island and its
dependencies ; as fully as if these presents had not been made : And whereas
it is expedient that an Executive Council should be appointed to advise and
assist the Governor of Our said Colony of Hongkong for the time being in
the administration of the government thereof--We do therefore, by these
Our Letters Patent, authorize the Governor of Our said Colony for the time
being to summon , as an Executive Council, such persons as may from time
to time be named or designated by Us , in any Instructions under Our Signet
and Sign Manual, addressed to him in that behalf : And we do hereby
authorize and empower the Governor of Our said Colony of Hongkong for
the time being, to keep and use the Public Seal appointed for the sealing of
all things whatsoever that shall pass the Seal of Our said Colony And We
do hereby give and grant, to the Governor of Our said Colony of Hongkong
for the time being, full power and authority, in Our name and on Our behalf,
but subject nevertheless to such provisions as may be in that respect
contained in any Instructions which may from time to time be addressed to
him by Us for that purpose, to make and execute in Our name, and on Our
behalf, under the Public Seal of Our said Colony, grants of land to Us
belonging, within the same, to private persons, for their own use and benefit,
or to any persons, bodies politic or corporate, in trust for the public uses of
Our subjects there resident, or of any of them : And We do hereby authorize
and empower the Governor of Our said Colony of Hongkong for the time
being, to constitute and appoint Judges, and, in cases requisite, Commissioners
of Oyer and Terminer, Justices of the Peace, and other necessary Officers and
Ministers in Our said Colony, for the due and impartial administration of
justice, and for putting the Laws into execution, and to administer, or cause
to be administered , unto them such Oath or Oaths as are usually given for
the due execution and performance of offices and places, and for the clearing
of truth in judicial matters : And We do hereby give and grant unto the
Governor of Our said Colony of Hongkong for the time being, full power and
authority, as he shall see occasion , in Our name, and on Our behalf to remit
any fines, penalties, or forfeitures which may accrue, or become payable to
Us, provided the same do not exceed the sum of fifty pounds sterling in
any one case, and to respite and suspend the payment of any such fine,
penalty, or forfeiture, exceeding the said sum of fifty pounds, until our
pleasure thereon shall be made known and signified to such Governor : And
We do hereby give and grant unto the Governor of Our said Colony of Hong-
kong for the time being, full power and authority, as he shall see occasion ,
in Our name and on Our behalf to grant to any offender convicted of any
crime, in any Court, or before any Judge, Justice, or Magistrate within Our
said Colony, a free and unconditional pardon, or a pardon subject to such
conditions as by any Law or Ordinance hereafter to be in force in Our said
Colony may be thereunto annexed , or any respite of the execution of the
sentence of any such offender, for such period as to such Governor may seem
fit: And Wedo hereby give and grant unto the Governor of Our said Colony
of Hongkong for the time being, full powerand authority, upon sufficient cause
to him appearing, to suspend from the exercise of his office, within Our said
Colony, any person exercising any office or place, under or by virtue of any
INTRODUCTION . 23
Commission or Warrant granted , or which may be granted, by Us, or in Our
name, or under Our authority, which suspension shall continue and have effect
only until Our pleasure therein shall be made known and signified to such
Governor : And We do hereby strictly require and enjoin the Governor of
Our said Colony of Hongkong for the time being, in proceeding to any such
suspension, to observe the directions in that behalf, given to him by Our
Instructions under Our Signet and Sign Manual, accompanying his
Commission of appointment as Governor of the said Colony : And
in the event of the death or absence out of Our said Colony of Hongkong
of such person as may be commissioned and appointed by Us to
be the Governor thereof, We do hereby provide and declare Our
pleasure to be, that all and every the powers and authorities herein
granted to the Governor of Our said Colony of Hongkong for the time being,
shall be, and the same are, hereby vested in such person as may be appointed
by Us, by Warrant under Our Signet and Sign Manual, to be the Lieutenant-
Governor of Our said Colony ; or in the event of there being no person upon
the place commissioned and appointed by Us to be Lieutenant-Governor there-
of, then Our pleasure is, and We do hereby provide and declare that, in any
such contingency, all the powers and authorities herein granted to the Gov-
ernor or Lieutenant- Governor of Our said Colony, shall be, and the same are,
hereby granted to the Colonial Secretary of Our said Colony for the time
being, and such Lieutenant-Governor, or such Colonial Secretary, as the case
may be, shall execute all and every the powers and authorities herein granted,
until Our further pleasure shall be signified therein : And We do hereby re-
quire and command all Our officers and ministers, civil and military , and all other
the inhabitants of Our said Colony of Hongkong, to be obedient , aiding, and
assisting to such person as may be commissioned and appointed by us to be
the Governor of Our said Colony of Hongkong, or, in the event of his death
or absence, to such person as may, under the provision of these Our Letters
Patent, assume and exercise the functions of such Governor : And We do
hereby reserve to Us, Our Heirs and Successors, full power and authority from
time to time to revoke, alter, or amend these Our Letters Patent, as to Us or
them shall seem meet : In witness whereof, We have caused these Our Letters
to be made patent .
Witness Ourselves, at Westminster, the fifth day of April , in the sixth
year of Our Reign .- ( 1843 . )
By the Queen Herself,
EDMUNDS.
Power, as may be seen , was thus given to the local legislature English Law.
to enact all such Laws and Ordinances as might be required for
the peace, order, and good government of the Colony, and,
taken together with section 3 of the Treaty of Nanking
previously quoted, there can be no doubt that English law was
what was meant and introduced by the terms of the Charter,
and that this has ever been so understood may be gathered
from the different Ordinances and Proclamations passed from
time to time and reciting such fact . *
Ordinance No. 15 of 1844 passed on the 21st of August, 1844, establishing a
Supreme Court of Judicature at Hongkong, in its third section expressly declared " that
the law of England shall be in full force in the said Colony of Hongkong, except where
the same shall be inapplicable to the local circumstances of the said Colony or of its
inhabitants : Provided, nevertheless, that in all matters and questions touching the right
or title to any real property in the said Colony, the law of England shall prevail, and
24 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Appoint. With regard to new appointments in Hongkong consequent
ments con-
sequent upon the grant of Charter, it was felt that something should
upon grant be done as soon as possible to atone for past neglect by placing
of Charter.
the island establishments on a proper footing. Parliament had
been moved upon the subject in April, 1843, by Dr. Bowring
with respect to consular appointments, when Lord Stanley
stated that " no appointment would be made except that of Sir
Henry Pottinger, and that only for the purpose of giving him
legal authority to act. None others had been made, and
probably none would be for some time." On the 26th June,
however, after the proclamation of the Charter, several new
appointments were duly announced, the Office of Deputy Super-
intendent of Trade, previously held by Mr. Johnston , being
declared abolished and that gentleman appointed " Assistant
and Registrar to the Chief Superintendent," and amongst other
appointments gazetted were those of Lieut. - Col . Malcolm, c.B. ,
as Colonial Secretary of Hongkong ; Major William Caine , as
Chief Magistrate of the Colony ; Charles Batten Hillier , Esquire,
as Assistant Magistrate, and Lieut . William Pedder , R.N. , as
Harbour Master and Marine Magistrate. Appointments to the
Legislative and Executive Councils were duly announced on the
21st August and included the name of Major Caine, the Chief
Magistrate, it being commanded at the same time that gentle-
men so appointed were to be styled in addition to their usual
addresses " The Honourable " in all official and other documents.
On the same date Richard Burgass , Esquire ,* was appointed legal
adviser to the Government of Hongkong, and to officiate as
Clerk of the Legislative Council, pending the pleasure of Her
that no law shall be recognized in the said Colony, which may in any way derogate from
the sovereignty of the Queen of England." This enactment, except its last provision,
was renewed by Ordinance 6 of 1845, repealing it ; but, for some cause not explained,
the year following another Ordinance was passed (Ordinance No. 2 of 1846) , to amend
the former one by declaring that " only such of the laws of England as existed when the
Colony obtained a local legislature, that is to say, on the 5th of April, 1843, should be of force
therein," leaving it therefore to the local legislature to extend to this Colony only such laws
passed by the British Parliament as it might deem expedient from time to time. By
section 7 of Ordinance No. 12 of 1873, (the Supreme Court Reconstitution Ordinance) the
same reservation was made as to such English laws alone being in force as existed when the
Colony obtained a local legislature. There can be no doubt as to the introduction
of English law in Hongkong. From the records it is clear that the authorities have all
been of one mind on that point . The answer of Chief Justice Hulme to a Chinese address
in 1847, at the time of his suspension, shows this (infrà, Ch. viii .) - See also Lord' Grey's
reply (to a memorial on local grievances) in October, 1849, (infrà, Ch. xi.) ; Proclamation
of Sir John Bowring to the Chinese in October, 1855. (infrà, Ch. xvi.) ; Government
Notification of 10th July, 1857, regarding illegal combinations respecting tradesmen or
mechanics (infrà, Ch. xviii. ) ; Sir Hercules Robinson's speech in introducing Ordinance
No. 30 of 1860 relating to the Press of the Colony, on 17th November, 1860. (Ch. xxxi.) ;
Proclamation of 19th January, 1861 , of the Earl of Elgin in taking over Kowloon (infrà,
Ch. xxxii. ), and finally Sir Fielding Clarke's judgment in Belilios v. Ng Li Shi, reported
in The Hongkong Daily Press, of 26th January, 1893. Another important provision in con-
nexion with this matter as regards British subjects is the Consular Ordinance No. 1
of 1844, passed on the 24th January, 1844, by section 1 of which the law of England
was extended to all Her Majesty's subjects within the Dominions of the Emperor of
China, etc., thereby shewing the intention of the legislature at its inception.
•
M.A. , of the Middle Temple, Barrister-at-Law, called the 11th January, 1839.
INTRODUCTION. 25
Majesty's Government,"-the first we have, of an appointment
of the kind under the Government. Mr. Burgass , it may be
added, was a personal friend of Sir Henry Pottinger, and had
arrived in the Colony from Bombay in June, 1843 .
On the 27th June, 1843 , the Governor, under powers conferred Justices of
the Peace.
by the Charter, appointed forty-four of the leading inhabitants
as Justices of the Peace. These were duly notified as being
Her Majesty's Justices of the Peace in China, and were required,
previous to entering upon the discharge of their functions,
to subscribe to an oath as hereinafter given , before either of the
following officers , viz. , the Assistant and Registrar to the Chief
Superintendent of Trade, the Chief Magistrate, the Assistant
Magistrate, and the British Government Agent at Macao. The
oath was in the following form :-
I, A.B., do hereby swear that I will bear true and faithful allegiance to
Our Sovereign Lady Vietoria, Queen of the United Kingdom of Great Britain.
and Ireland, etc. , etc., and that I will well and truly, according to the best
of my ability, skill, and understanding, and without fear, favour, or affection ,
perform , do, and fulfil the duties and powers of a Justice of the Peace, over
and towards all subjects of Her said Majesty presently or hereafter residing
within, or resorting to, the Dominions of the Emperor of China - So help
me God.
Sworn before me, at this day of 1843,
Much amusement was caused by the ending of the oath, by
which, as is seen above, the Justices were to act " in the
Dominions of the Emperor of China, " Hongkong though
of China,'
intended, not being even mentioned . A Government Notifica-
tion rectifying the mistake duly appeared on the 10th July
following, the form of oath being amended by the insertion of
the words " Her Britannic Majesty's Colony of Hongkong and
its Dependencies or " before the concluding words "the Domi-
nions of the Emperor of China " in the oath . On the same day, Lieut.
appeared a notification appointing Lieutenant Thomas Wade, of Thomas
Her Majesty's 98th Regiment , who had been reported qualified Wade,
Chinese
for the duty, and who, as will be seen hereafter, played such an Interpreter.
important part in Chinese affairs, Chinese Interpreter to Her
Majesty's Land Forces in China . Mr. Wade was attached to
headquarters.
The disproportion of Justices of the Peace to the Police Con- Revocation
stables who only numbered 28, was the subject of much criticism, sions
of Commis-
of the
disappointment being also expressed at some of the more respect- Peace.
able Parsee merchants not having been included in the list of
Justices. The omission was regarded as an undeserved slight
upon the Parsee community, to whom, it was alleged, was due
the immense development of the trade between China and India,
and who here and at Bombay transacted nearly one-half of the
26 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
whole of the British trade with China . But the Home Govern-
ment was not very long in making itself heard, for by a Govern-
ment Notification of the 30th May, 1844, the public were
informed that the several Commissions had been revoked and
cancelled by direction of Her Majesty's Government who had
directed " that such powers should be restricted to Her
Majesty's Consuls at the Five Ports, and to the Vice - Consuls
in subordination to them . " All persons possessing such Com-
missions were accordingly requested to return them. Thus
ended one of those amusing episodes in the early history of the
Colony which not infrequently, for want of matter or other
local topics for discussion , until the decisions of the Home
Government were made known, usually kept the press " going."
Land. Under the Charter previously recited , the Governor of the
Colony for the time being in the name of Her Majesty, and on
Her behalf, subject to Her Majesty's Instructions , was fully
empowered as may be seen to make and execute, in the name
and on behalf of Her Majesty under the Public Seal of the
Colony, grants of land within the Colony to private persons
for their own use and benefit, or to any persons, bodies politic or
corporate, in trust for the public uses of Her Majesty's subjects
there resident or any of them. This was nearly two years
after the first land sale previously mentioned . Her Majesty's
Instructions also dated the 5th April, 1843, were addressed to
the then Governor Sir Henry Pottinger, and directed that no
land should be sold or let, except at public auction , and that at
every such auction the lands to be then sold or let should be put up
at a reserved or minimum price equal to the fair reasonable price
and value or annual rent thereof. These Instructions further
directed the Governor to ascertain what particular lands it
might be proper to reserve in the said Colony for public roads
and other internal communication , whether by land or by water ,
or as the sites of towns, villages, churches, school - houses , or
parsonage-houses, or as places for the interment of the dead, or
as places for the future extension of any existing towns or
villages, or as places fit to be set apart for the recreation and
amusement of the inhabitants of any places which it might at
any future time be expedient to erect, form , or establish on the
sea coast, or which it might be desirable to reserve for any
other purposes of public convenience, utility, health, or enjoy
ment, and the Governor was to cause such tracts , pieces, or
parcels of land as might appear best adapted to answer and
promote the several public purposes before mentioned , to be
distinguished on the public charts of the said Colony or in
some other authentic manner, and not on any account or on any
pretence whatsoever grant, convey, or demise to any person or
INTRODUCTION. 27
persons any of the lands so specified as fit to be reserved as
aforesaid, nor permit or suffer any such lands to be occupied
by any private person for any private purpose .
On the 10th April, 1843 , the Land Officer had been again
appointed, and a Government Notification of that date was
issued as follows :-
GOVERNMENT NOTIFICATION.
" In consequence of instructions recently received from Her Majesty's
Government, and until defined regulations can be framed and promulgated
grounded upon those instructions, His Excellency Sir Henry Pottinger, Bart.,
K.C.B., etc., etc., is pleased to notify as follows :—
1st.-All persons holding land of any denomination in the island of
Hongkong are hereby required to send in the fullest explanations as well as
the proofs they possess of their claims to such land, to the Land Officer with
the least possible delay.
2nd.—The Land Officer has been authorized and instructed to prevent the
commencement of any further buildings upon, or clearing away of, locations
until final arrangements can be made.
The Land Officer has also been authorized and instructed to take summary
measures, in concert with the Chief Magistrate, to put a stop to all buildings
that may be in progress on locations of whatever denomination, where the
explanation or proof submitted may appear to him to be at variance with his
present instructions and also in cases where the explanation and proofs now
called for may be delayed beyond a reasonable time.
3rd . -The Land Officer has further been authorized and instructed to
summarily prevent the progress of all buildings on locations which may, in
his opinion, encroach on the present, or any future line of roads or streets,
and to oblige all persons to confine themselves to the exact dimensions of the
lots which were originally allotted to them.
4th.—It has been repeatedly intimated that the terms and tenure of holding
all lands on the island of Hongkong were to depend solely upon the pleasure
and commands of Her Majesty's Government, and the information called for
in this notification is required before such terms and tenure can be announced
to the public.
By Order
(Signed) RICHARD WOOSNAM."
Hongkong, Government House, 10th April, 1843 .
In August, 1843 , the Governor received instructions from
Lord Stanley, then Her Majesty's Principal Secretary of
State for the Colonies, directing him to abstain from alienating
any of the land on the island for any time of greater length
than might be necessary to induce and enable the tenants to
erect substantial buildings , etc. , and refusing to sanction any
such grants as had already been made, but with a promise that
an inquiry should be instituted into the equitable claims of all
holders of land to a confirmation , either permanent or temporary ,
28 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
of their titles . The following Government Notification was
thereupon issued : -
GOVERNMENT NOTIFICATION.
" His Excellency the Governor, having had under his careful consideration.
the instructions which have been received from Her Majesty's Government on
the subject of Crown lands in this Colony, is pleased to publish the following
extracts of a despatch from Her Majesty's Principal Secretary of State for
the Colonies :-
" Sir Henry Pottinger is to abstain from alienating any of the land on the
island, either in perpetuity, or for any time of greater length than may be
necessary to induce and enable the tenants to erect substantial buildings, etc.
But with the general prohibition against the alienation of Crown Lands, and
with the general refusal to sanction any such grant as may have already been
made, Lord Stanley would connect a promise, that immediately on the estab-
lishment of a regular Government in the place, an inquiry should be insti-
tuted , by some competent and impartial authority, into the equitable claims
of all holders of land, to a confirmation , either permanent or temporary, of
their titles, so far as they could be confirmed consistently with a just regard
to the interests of society at large."
With advertence to the principle laid down in the above extracts, it will
be understood, that Her Majesty's Government do not recognize the validity
of any grants or sales of land that may have been made, or may have taken
place, under any authority whatsoever, previous to the exchange of the rati-
fications of the treaty, upon which event the island of Hongkong became a
bonâ fide possession of the British Crown, and from which day the payment
of rents derivable from such land will only be held to commence. In obedi-
ence to the intimation conveyed in one of the preceding extracts, His Excel-
lency the Governor in Council is pleased to appoint A. T. Gordon, Esquire, Land
Officer, etc., Captain De Havilland, H. M. 55th Regiment, Assistant Surveyor,
and Charles Edward Stewart, Esquire, Treasurer and Financial Secretary
to Government, to be a Committee, assisted by Richard Burgass , Esquire,
Legal Adviser to the Government, to inquire into the equitable claims of all
holders of lands, to define the classes to which particular lots shall hence-
forward belong, as well as their future annual rent, and to arrange for the
disposal of further lots regarding which Her Majesty's instructions prescribe :
" And it is Our further will and pleasure, that no such lands shall be sold, or
let, except at public auction ; and that, at every such auction, the lands to
be then sold or let, be put up at a reserved, or minimum price, equal to the
fair reasonable price and value or annual rent thereof."
By Order of His Excellency the Governor, and Commander-in - Chief of
Hongkong.
RICHARD WOOSNAM,
Officiating Deputy Colonial Secretary."
Government House, Victoria, Hongkong.
August 21 , 1843 .
Act 6 and 7 On the 22nd August, 1843 , the Act 6 and 7 Viet . , Cap. 80,
Vict. , Cap.
80. "An Act for the better Government of Her Majesty's Subjects
resorting to China " was passed, which made it lawful for Her
Majesty to authorize the Superintendent of Trade in China , so
long as he was Governor of the island of Hongkong, to enact,
with the advice of the Legislative Council of the said island , all
such laws and ordinances as might from time to time be required
INTRODUCTION. 29
for the peace, order, and good government of Her Majesty's
subjects being within the Dominions of the Emperor of China,
and under the said Act were enlarged the powers already
possessed by the Superintendent of Trade, by rendering legal
any Acts passed by him in Council , even though they might be
contrary to preceding Orders of Her Majesty's Privy Council.
Mr. J. R. Morrison , the able Chinese Secretary to the Super- Death of
Mr. J. R.
intendent of Trade, and officiating Colonial Secretary of Hong- Morrison.
kong, whose death the Governor announced as a " positive
national calamity," from which much may be gathered, died at
Macao on the 29th August, 1843. He had been on the estab
lishment of the Colony from its foundation , and is otherwise
so well known to history in connexion with these parts
that no mention need here be made of his services . The
deceased died intestate, administration to his estate being
granted on the 28th September, 1843 , to three persons , viz . ,
Alexander Matheson , Alexander Anderson , and Charles Edward
Stewart, the latter the Treasurer and Financial Secretary to
the Government, who for some time afterwards appears to have
been the officer appointed to act in similar cases.
The state of crime during 1843 showed no improvement over Crime in
the previous year. The number of nightly burglaries and 1843.
gang robberies had alarmingly increased , and the creation of a
body of Justices of the Peace, none of them of the slightest use
and exceeding in number one-third of the whole Constabulary
Force, was considered an absurdity. The decision of the Home
Government as to the Force was not yet known- though apparent-
lythe primary reason for an insufficient Police Force was the want
of funds, quite apart from the desirable element for the composi-
tion of such a Force being also wanting at this time. The
Chief Magistrate, as he had already done in October , 1842, had
found himself compelled again during the year to issue a
proclamation prohibiting the Chinese from being out, without
lanterns, between the hours of 8 and 10 p.m., and after that time
" not one individual to be seen out walking," and all Chinese
boats, under penalty of severe punishment , were also prohibited
from moving about the harbour after gun- fire at 9 p.m., until
gun-fire the next morning. Crime was so rampant at this period
that a correspondent of the local paper, signing himself “ An
Old Stager," advised the residents, who had not yet been robbed
"but who would soon be," " to nail their boxes to the floor , lock
them and sleep with a good pair of loaded pistols under their
pillows, for as soon as the moon got into her first or last quarters,
the robberies began. " Amongst others robbed during the year,
the Governor and the Chiefand Assistant Magistrates had equally.
been victims. The Chief Magistrate, with the co -operation of the
30 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
military and naval authorities had carried out his threat of
sending away from the island a band of miscreants who had
made Hongkong their home, but where he derived his powers
from or with what result the expulsion was effected , is not
apparent. The town up to this period was not lit at night, and
it was dangerous to move out at all without running the risk of
being attacked .
Curious
Sentences. An instance of the curious sentences passed at this period
was that inflicted for robbery upon a Chinese convert who
wore European dress , doubtless with an object . He was
sentenced to receive sixty strokes, and to hard labour for four
months. With
With his
his "" queue " cut off, a little before sunset, the
culprit was marched off from prison dressed in his own clothes
and paraded down the Queen's Road , then , in the presence of a
large concourse of Europeans, Lascars, and Chinese, flogged by
a European, who, the report says, " did not strike the blows so
severely as the usual rattaner would have done. " After receiving
this portion of his sentence, the man was taken back to Prison.
Early history
of the Gaol. The following interesting report, taken from the records of
the time, shows the number of criminals , European and Chinese,
lodged in the gaol at Hongkong from the 9th August, 1841 ,
the date of its institution , to the 8th September, 1843. It
is also illustrative of the working of the prisons and the mode
of punishment of prisoners in the earliest days of the Colony
and fully descriptive in respect of every detail connected with
that institution , besides showing that the Governor himself at
times had acted as a Magistrate, or that such cases as he had
himself dealt with had been referred to him for adjudication
under the Chief Magistrate's warrant of appointment of the
30th April, 1841 : —
"This record is in two parts. The first contains the names of 482 prisoners,
of whom 430 are Chinese, 28 Lascars, 9 Portuguese, 5 Sepoys, 1 American,
the others are Europeans. The second part contains the names of 134 persons,
nearly all of whom are European seamen. Among this number, there have
been a few, perhaps 20 soldiers, who have been sentenced by Court-martial.
The others the seamen have been sentenced by the Marine Magistrate,
excepting a very few, upon whom sentence has been passed by the Governor.
Their punishment has been solitary confinement, which has varied , in
different cases, from two to 84 days. Generally, the confinement has con-
tinued for two or three weeks .
The prison, in which they are confined , is 64 feet by 30, divided into two
rows of cells, twelve in all. The rows are separated by a passage about eight
feet broad. Each prisoner has usually, if not always, had a separate cell,
which is clean, well lighted and ventilated ; and each person is provided
daily with a pound of beef and a loaf of bread . On the 22nd of May, 1843,
two Europeans were sentenced, by Court-martial, to be transported for life.
The crimes of the seamen are, for the most part, disobedience to orders and
disorderly conduct.
INTRODUCTION. 31
With the sailors, and often with the soldiers too, drunkenness is the crime,
or immediate “ cause " of the crime, for which they have to endure punish.
ment.
For the lodging of the Chinese prisoners, two buildings are appropriated ,
one 79 feet by 29 ; the other 49 by 16 feet. There is a square open court,
between them, about 78 feet by 30, in which the prisoners can air and wash
themselves , take exercise, etc. The largest of these two buildings is divided
into two apartments, one large and one small, both occupied by the labouring
gang ; both have good floors, are without ceiling, and well ventilated .
The smallest of the two buildings - designed for persons not sentenced ~
contains three rooms, each 17 feet by 16, with floors and beds ; on one side
of these rooms is a broad verandah, protecting them from the heat and rain,
and rendering them not less, but rather more, comfortable than they would
be in the common houses of the middling classes of the Chinese.
The punishments inflicted on the Chinese are flogging, hard labour, and
confinement. All, or nearly all, are flogged , the number of blows varying
from 20 to 100. Few only receive a hundred, many have 40 or 50, the latter
number is the most common. These are given in public. The criminal,
with a label on his back, written in Chinese characters, is conducted from
the prison to the whipping stand at the west end of the Upper Bazaar, and
there undergoes the sentences of the law, and returns again to prison. The
labouring convicts, and those in confinement, are kept with irons on their
legs, which renders escape difficult. Still a few, in all about twenty, have
made their escape, principally during the first year after the prison was built.
During the last twelve months, only two have escaped, and these while out
at work, as were, indeed , many of the others.
The period of imprisonment has varied in length from two days to four
years. Two only have been sentenced to four years ; two to three years ;
four to two years and six months, twenty-three to two years ; twenty-four
to eighteen months ; two for one year ; the remainder all for a less period.
Twenty-two of these Chinese prisoners were sent from Chusan by the Com-
mander-in-Chief of the Expedition . These were not subjected to flagella-
tion ; they arrived in May or June, 1842, and were released in October, soou
after the announcement of the news of peace.
For food the Chinese prisoners have been constantly supplied with rice, in
quantities as large as they can consume, and occasionally they have had salt
fish, vegetables, etc. The purveyor of the prisoners has been allowed, for
each man, one dollar and a half per mensem . This sum, he says, has been
more than sufficient in the hot months, while in the cold season it has been
barely enough to cover the monthly expenditure. For drink they have had
pure water from the hills. Their clothing and bedding have been such as
they have been able to procure for themselves, except on one occasion, when
a quantity of jackets were furnished to protect them from the winter's cold.
Those sentenced to hard labour have been employed principally on the
roads. They have been called out at 6 a.m. and returned at 5 p.m., and are
allowed one hour for breakfast, and one for rest at midday, Sundays always
excepted, on which they do no work, and which to them has been, as they
very appropriately call the Sabbath, au-si-yi " days of rest. "
The prisons stand just within the inclosure, which surrounds the premises
of the Chief Magistrate, directly below his own house, where they are under
the surveillance of a strong military guard, also just within the inclosure.
The scavenger's duties are regularly performed, at a given hour, every night ;
and the apartments are thoroughly washed out once or twice every week.
And the prisoners are always allowed a full supply of fresh water for wash-
ing and bathing. The site of the buildings is airy, and elevated perhaps
three hundred feet above the sea, from which it is distant fifty or sixty rods.
32 HISTORY OF THE LAWS, ETC. , OF HONGKONG .
The health of the prisoners deserves particular notice. Of the whole
number of Chinese and foreigners who have been confined only nine have
died. The average number in prison has been about sixty, and this for the
worst part of the three seasons of 1841 , 1842, and 1843. Of these nine,
some were debauched opium -smokers , who died for want of that which caused
their death. Two or three only died of fever. The total amount of sickness
has been very small. Most of the sufferings have been from cutaneous
disorders, contracted before entering the prison. Medicines and surgical aid
have always been administered promptly when required.
It might indeed be worth while to inquire, and to ascertain, if possible,
why there has been so much less sickness in the prisons than in the barracks
at Hongkong, during the last twenty-six months. Of seventy men in the
Artillery lines, not more than fifty were reported fit for duty ; while not more
than three, of nearly an equal number in the jails, were unfitted by sickness
to perform " hard labour." In not a few cases men have gone in sick, and
come out well."
Arrival of Major- General D'Aguilar, C.B , appointed to command the
Major- land forces in China and also Lieutenant- Governor of Hongkong,
General
D'Aguilar, whose co-operation afterwards with the civil authorities, in
C.B.
repressing crime , proved so valuable, arrived by H.M.S. Castor,
on the 27th December, 1843 , his Commission as Lieutenant-
Governor being duly published on the 11th January, 1844.
Conclusion, Such are the facts which constitute the earlier period of the
legal history of the Colony prior to the opening of the Legislative
Council under the Charter of Justice, and at their conclusion
may be said to have begun a fresh era in regard to the
6
administration of justice . Miraculous,' indeed , had been the
progress of the island at this stage, deserving the greatest praise
for those upon whom devolved the responsibility of settling the
Colony.
33
CHAPTER I.
1844.
First sitting of the Legislative Council.- Exorbitant Table of Fees in civil matters
in Chief Magistrate's Court. -An Indian view.-Taxes on justice.--Increase of public
business.—Mr. C. B. Hillier, Recording Officer to Criminal and Admiralty Court.-
Macao-its tenure by the Portuguese. Consular Ordinance No. 1 of 1844.-Ordinance
No. 1 of 1881. - Slavery.--Ordinance No. 1 of 1844 disallowed .--Imperial Statutes on
Slavery.-Land. -Ordinance No. 3 of 1844.- Opening of Criminal Court.- First Court
held in China for trial by Jury.- Sir Henry Pottinger's address to the Jury.- Present.
ments by Jury.-True bills for murder. - Public opinion of the Criminal Court.--
Dissatisfaction at non-opening of Supreme Court under the Charter. -Dissatisfaction at
civil cases being determined by the Chief Magistrate.- Sir H. Pottinger endeavours to
appease public mind.-Ordinance No. 6 of 1844. -Complaints as to Executive and Legisla
tive Councils. - Crime and Police inefficiency.-The Chief Magistrate as head of the l'olice
and Prisons. -Capt. Haly, first Superintendent of Police.-Capt. Bruce succeeds Capt.
Haly -Regulation of boats and junks. - Suspicious character of native watchmen.-
Notice to householders.- Precursor of registration of Chinese inhabitants. - Major-General
D'Aguilar and military volunteers as an addition to Police Force. - Transportation.-
Queen's Order in Council of 22nd May, 1840. Act 6 Geo. IV.-Mr. P. I. Sterling, First
Attorney-General of Hongkong.-The Chief Justiceship.-Queen's Order in Council of
17th April, 1844.- Hongkong a place of trial for British offenders in China. -Supplemen
tary Treaty with China. Hostile comments.-- Home and French criticisms.- Sir Henry
l'ottinger vindicates himself.--The London Chronicle. - Registration of Chinese. - Public
opinion.-Ordinance No. 16 of 1844.- Retirement of Sir Henry Pottinger.-Approval of
his services by Her Majesty's Government.- Mr. J. F. Davis succeeds Sir H. Pottinger.
THE Legislative Council of Hongkong, constituted under the Chap. I.
Charter, assembled for the first time on Thursday, the 11th First sitting
January, 1844 , the Honourable Major - General D'Aguilar and of the
Legislative
the Honourable Major Caine, the Chief Magistrate, both pre- Council.
viously appointed members of the Executive and Legislative
Councils, taking the usual oaths and their seats, under a salute
from the Battery. Mr. Richard Burgass , the Legal Adviser to
the Government, previously mentioned , also took the oaths as
Clerk of the Council.
A table of fees to be taken in the Chief Magistrate's office in Exorbitant
civil matters, having been approved of by the Governor-in- Table in civilof Fees
Council, was published on the 18th January, 1844, for general matters in
Chief
information . These fees were generally considered exorbitant Magistrate's
and calculated to defeat the ends of justice . Much stress was Court.
laid upon this point and the attention of the English press
directed to the subject, regard being had especially to the fact
that the Magistrate in whose Court the fees were to be levied
was no lawyer at all, the gist of the comments being directed
doubtless to the necessity for the immediate appointment of a
Judge under the Charter. An Indian newspaper, commenting An Indian
view.
upon this table of fees, termed it extravagantly high and sug-
gested that, if the Legislative Council did not see the propriety
of reducing the fees, the community should refer the question to
34 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. I.
-- the Imperial Government. In an action to recover $ 250 , the
1844. charge for a summons was $4 ; for a warrant to apprehend
after summons served , $ 20 ; for calling on the case for inquiry
or hearing it, $20 ; and the fee when the case was decided or
judgment entered up, $40, or altogether $ 84 of Court fees
to recover $250, or thirty -three per cent., and this , as the
paper remarked, independent of Attorney's and Counsel's fees.
Why," it continued to say, "the old Mahomedan Govern-
ment of India never exacted more than one-fourth of the
demand as the Government share of the suit, and this was
thought extremely oppressive and cruel. These fees were
either disguised to raise a revenue or restrain litigation , " —either
Taxes on
of which courses was thought impolitic. There is no maxim in
justice.
the science of legislation more indisputable than that taxes on
justice are the most imprudent of all taxes, as all legal taxation
has an inevitable tendency to restrain a resort to Courts dispen-
sing justice, and the heavier the taxation , the more complete the
denial of justice. Whatever the cause for thus levying such
heavy Court fees, suffice it to say that it was another of the causes
for discontent against the then form of Government and of the
legislature in particular, the table of fees under consideration
being one ofthe measures, it was alleged , of the legislative wisdom
of the " military lawgivers," the legislature being composed
then mostly of military men .
Increase of
Public business had now become so pressing that the Gov-
public
business. ernor intimated he could not devote more than one day in the
week in the future for the reception of visitors.
Mr. C. B. On the 19th February, 1844, Mr. C. B. Hillier, the Assist-
Hillier,
Recording ant Magistrate, received the appointment of " Recording Officer
Officer to to the Criminal and Admiralty Court, at Hongkong, " pre-
Criminal and
Admiralty sumably in succession to Mr. Alexander Scott, who had died
Court.
on the 24th August, 1843. This appointment, no doubt, was
made in anticipation of the early opening of the aforementioned
Court, for on the 24th February, 1844 , appeared a proclamation
that, on the 4th March following, there would be holden a
session of the " Court of Justice with Criminal and Admiralty
Jurisdiction for the trial of offences committed by Her Majesty's
subjects in the island of Hongkong or within the Dominions of
the Emperor of China."
Macao- its
The first Ordinance passed by the Governor-in - Council was
tenure by the the Consular Ordinance numbered No. 1 of 1844 of 24th
Portuguese.
Consular January, 1844, published for general information on the 26th
Ordinance
No. 1 of 1844. of January. Its purport was to render British subjects within
the Dominions of the Emperor of China subject in all matters
to the law of England, and to extend the jurisdiction of the
Courts of Justice at Hongkong over the same. By the fourth
SLAVERY. 35
section Macao was included and deemed to be " within the Chap. I.
Dominions of the Emperor of China for the purpose of this and 1344.
other like Ordinances. When this Ordinance was drafted it
evidently had escaped the attention of the authorities that, if
Macao was not then in the proper sense of the term a Portuguese
possession, owing to the existing terms of their tenure of the
Settlement from the Chinese, at all events we could hardly,
under the circumstances, claim jurisdiction , in the absence of a
treaty, over those of our subjects who had resorted thither, and
that a gross breach of international law and etiquette had been
committed . The inclusion of Macao within the jurisdiction of the
Supreme Court was not made, ofcourse, without causing consider-
ble controversy in Hongkong and excitement at Macao, where it
was alleged not unnaturally that Macao was as much a Portuguese
Colony as Hongkong was British. * But all this, except as
matter of history, is no longer of importance. By the treaty
between Portugal and China , ratified on the 28th April, 1888 , the
latter confirmed in its entirety the second article of the protocol of
Lisbon of the 26th March, 1887 , which related to the perpetual
occupation and government of Macao by Portugal . By Ordi- Ordinance
nance No. 1 of 1881 ( 14th March , 1881 ), provision is made for No. 1 of 1881 .
the surrender of fugitive criminals fleeing to this Colony from
Macao to the latter Government.
On the 28th February, the local Ordinance, No. 1 of 1844, Slavery-
Ordinance
relating to slavery, was passed . That slavery in its worst No. 1 of 1844,
forms existed in the Colony was an undeniable fact, and it told disallowed.
much in favour of the authorities that the very first enactment
passed by them related to such an important subject and
had reference more to the Chinese than to any other nationality.
This single Ordinance alone, it was hoped , would ultimately lead
to desirable changes in the habits and customs of the Chinese.
• The matter really seemed to hinge upon the question whether the Portuguese had
sovereign authority in Macao or not, and certainly the Portuguese had not much to show
for this. H. M. Plenipotentiary and Superintendent of Trade, after the Ordinance had
been confirmed by the Home Government, in his instructions to the British Agent at
Macao, desired him, in case of any British subject being prosecuted by the Law Court of
that place, "to advise him to enter a protest against the jurisdiction.' Later on, accord-
ing to the testimony of Sir John Davis, as contained in his work on " The Chinese," he
showed that the Portuguese were at Macao by mere sufferance of the Chinese, that they
paid an annual ground rent, that their forts were inspected by Chinese officers, that the
Chinese levied duties on the Portuguese shipping, that a mandarin resided in the town and
governed it in the name of the Emperor of China, that the Portuguese were not allowed
to build new churches or houses without licence, and that the Chinese population were
entirely under the control of the mandarins. Sir John Davis added " nothing, therefore,
can be further from the truth that the Portuguese possess the sovereignty of that place,'
and it was doubtless acting upon that presumption that Captain Keppel, in June, 1849,
proceeded to release Mr. Summers, confined, as he believed, illegally in the Macao Gaol,
in the summary manner he did, as recorded in Chapter xi. infra. Chief Justice Hulme
subsequently held, in July, 1849, that Macao was not within the jurisdiction of the
Supreme Court of Hongkong-Robertson v. McSwyney, Chapter xi. infra.
36 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. I. Not the least commendable part of the Ordinance was that
1844 . which declared that the emancipated slave who was unable to
earn a livelihood was to be supported by the Colony until he
was put in a way to support himself ; in the case of females
particularly, the propriety of this was obvious.
Imperial But the Ordinance was subsequently disallowed by Her
Statutes on
slavery. Majesty, as it was considered that the Imperial Statutes for the
abolition of slavery extended by their own proper force and
authority to Hongkong.
Land. Great dissatisfaction prevailed at this time amongst the resi-
dent holders of land at the course the Government was pursuing
in adjusting the land tenure and the claims of those holding
under grants made by the " Deputy Superintendent charged
with the Civil Government of the Island ." It was considered an
act of injustice on the part of Government to sell lands without
previously giving notice to the original holders ; for it was urged
that, in consequence of not having had notice of the intention of
Government to resume and sell such lots of ground as they might
be pleased to take from them, they were placed in a most disad-
vantageous position , and one in which they could not protect
themselves. The terms were considered unjustifiably hard and
without precedent, and the conduct of the Legal Adviser to the
Government at a recent land sale, who stood ready, it was alleged ,
" to brow beat down all opposition, " was strongly commented
upon.
In this connexion it may be mentioned that the Committee
appointed on the 21st August, 1843 , sent in a report to the
Government, dated the 4th January, 1844, that the sale of the
marine lots gave an average annual rental of nearly £ 350 per
acre, and, looking to the fact that this was the result of a public
sale, and that the purchasers were under the impression that
the time for which the land was disposed of was unlimited , they
recommended that all the marine lots hitherto sold or granted
should be recognized and confirmed for a period of 75 years,
excepting those which had been abandoned or forfeited, and
considering that, in some instances, the rate of annual rent at
£20 per quarter acre at which inland town lots had been sold
was too low, and in others too high, they further recommended
that all lots , other than marine, which had hitherto been granted
or occupied should be classified and rated according to a scale
determined with reference to locality.
On the 13th January, 1844, the Committee recommended
LAND. 37
Chap . I.
a system of classification of lots ( other than marine ) for rental
as follows :- 1844.
At the rate of
No. of Classes. per acre per annum.
£. S. d.
1234 10 TO 1- ∞
160. 0. 0
120. 0. 0
100. 0. 0
80. 0. 0
5 60. 0. 0
40. 0. 0
7 20. 0. 0
8 12. 0. 0
9 6. 0. 0
10 3. 0. 0
11 2. 0. 0
12 1. 0. 0
13 10. 0
On the 28th February, 1844, Ordinance No. 3 of 1844 was Ordinance
passed for the registration by the Land Officer, in the Land No. 3 of 1844.
Office, of all dealings with land, or its disposition by deed or
will, and of judgments , and providing for the priorities of
registered documents, and the method of registration by memorial.
This Ordinance also provides for the deposit in the Land Office
of deeds and documents for safe custody and is still in force
without alteration or amendment.
As duly advertized , the Criminal Court opened on the 4th opening of
March, 1844, at ten o'clock in the forenoon . The Court was Criminal
Court. First
held in a temporary building near Government House . The Court held in
China for
Governor Sir Henry Pottinger, and the Lieutenant -Governor trial by Jury.
Major- General D'Aguilar, both sat as Judges of the Court, the
latter being in uniform , whereas the Governor sat in plain clothes.
Mr. Burgass officiated as Crown Prosecutor and Mr. Hillier as
Registrar . After the Court had been opened by Mr. Hillier
reading the proclamation stating the purposes for which it was
held, Mr. Farncomb, the Coroner, presented an inquest . Several
residents were called and sworn in as a Grand Jury, Mr. Patrick
Stewart being chosen foreman. His Excellency Sir Henry Sir Henry
address to the Grand Jury Pottinger's
Pottinger then read the following address to the
"Gentlemen of the Grand Jury, Jury.
In addressing you on your being sworn in, my remarks shall be as few and
brief as possible. We are assembled to-day to assist in the discharge of the
most important duties that can devolve on us as men and as members of
society : those of administering justice to our fellow-subjects and upholding
the laws of our country and the dignity and honour of our Gracious Sovereign .
In the wholly unprecedented situation in which I am placed, it would be
equally useless and preposterous for me to attempt to enlarge on the functions
you have to perform. I am not aware that the cases, which will be laid
before you, have anything technical or peculiar in them. You are, after
examination of the witnesses and full deliberation, to say whether these cases
come under the head of murder or the less criminal, though still highly
38 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. I. serious charge, of manslaughter. Should you find any point of difficulty, I
--
1844. cannot say that I will instruct you in it, but this I may say, that I will
be happy to give my opinion backed by the best advice that I can obtain . I
will not dismiss you to your labours without reminding you that in all cases
where you have doubts it is a wise and humane principle of the law to give
the advantage of those doubts to the accused, and our observance of this rule
is more especially necessary when it is remembered that he can have no
Counsel to plead for him . * I wish to God my share of the investigations on
which we are about to enter had fallen into more qualified hands, but I can
at least promise that I sit here to exercise the most rigid impartiality as
well as to temper justice with mercy, and I am assured that you will most
cordially and anxiously unite with me in the same feeling."
Present- Immediately thereafter, Mr. Hillier presented the Jury with
ments by Jury.
indictment against a seaman of the Harlequin, a native of
Manila, charging him with the murder of the second mate on
the high seas . The Grand Jury then retired into an adjoining
True bills for room, and the Court proceeded to swear in petty jurymen. A true
murder.
bill was found against the seaman for wilful murder. A true
bill was also found against a marine artilleryman of H. M. S.
Driver for the manslaughter of a Chinese boatman . In the
afternoon , the seaman was tried before the Governor alone, the
General having previously retired , and a petty jury, who returned
a verdict of wilful murder against the prisoner , but recommended
him to mercy owing to the provocation he had received . Sen-
tence of death was passed , pending Her Majesty's pleasure , and
the Court then adjourned to the next day, the 5th March, when
the marine artilleryman stood his trial. According to the pro-
secution , it was alleged the prisoner was wearing a red jacket
when he committed the crime, whereas the prisoner proved
that on the day in question he wore a blue jacket . He was
acquitted . The Governor then briefly addre ssed the Jury and
thus closed the first session of a Court ever held in China for
trial by Jury.
Public The holding of a Criminal Court in Hongkong, though
opinion of
the Criminal in itself a novelty, and giving some satisfaction to the inhabi-
Court.
tants as a Court of superior jurisdiction in criminal matters
with power to inflict punishments, more adequate than
heretofore for the gravity of the offences committed , never-
theless caused disappointment as it was hoped that by the time
Dissatisfac- or before the Criminal Court would be opened, thelong expected
tion at non-
opening of and anxiously looked for Judge under the Charter would have
Supreme deemed,
Court under arrived and thus put an end to a state of things which was
the Charter. even at this early stage of the Colony, intolerable. The Court,
presided over by Sir Henry Pottinger, was said to have been a
" The denial of counsel to a prisoner in a criminal matter is seen in the 47th of the
laws attributed to Henry I. Sixty years ago this barbarous rule was still law in cases of
felony, being abolished by the 6 and 7 Will. IV.. c. 114." Note to ' Kyshe's Law relating
to the Attorney-General and Solicitor- General of England,' p. 69.
THE CRIMINAL COURT . 39
complete failure. Sentence of death had been passed upon the Chap. I.
---
Manila seaman who neither understood the proceedings of the 1844.
Court, presumably through there being no interpreter present,
nor had had the benefit of counsel . The Court, moreover ,
had been held for the trial of British subjects and the prisoner
was a Spanish subject from Manila. The justice of the sentence
was not impugned , but it was felt that if the prisoner had had the
advice and assistance of a lawyer, the indictment as drawn up
would have been thrown out, and the prisoner walked away
from the bar a free man. As it was, the sentence was afterwards
respited . As far back as the 26th June, 1843 , the Charter had
been published , and yet the Supreme Court had not been opened.
As was pointed out, the extraordinary powers vested in the
Governor might have been unavoidable at a certain period, and
have been exercised in a spirit of moderation and equity ; but
now, however, there appeared no good reason why " military
laws " should still be enforced , and the arrival of the Judge was
therefore looked forward to with more than ordinary anxiety.
Sir Henry Pottinger, it was thought, would give a just deci-
sion so far as equity was concerned , nor was there any reason
to doubt the correctness of the opinions he might receive on
points of law from his legal adviser . Whatever degree of con-
fidence he might have in his own judgment, he was at any rate
placed in a delicate and unenviable position. Indeed , in his
address to the Grand Jury at the opening ofthe Criminal Court,
as will be remembered , Sir Henry Pottinger himself had deplored
the absence of a competent Judge, and " had wished to God that
his share of the investigations on which they were about to enter
had fallen into more qualified hands," so that the discontent at
the state of affairs then existing was not altogether uncalled
for, especially when civil cases , frequently involving points of
Dissatisfac-
tion at civil
law, were left entirely to the judgment of the Chief Magistrate,
cases being
rightly styled a " military magistrate.' It was stated that
determined
by the Chief
rather than submit to a decision which was only legal by Magistrate.
chance, the majority of the inhabitants had preferred foregoing
their claims than incur " the certain expense and uncertain
justice of the decision of a Judge who was totally unacquainted
with law." There was no confidence in the decision of the
Chief Magistrate on questions involving points of law . His
incapacity was notorious, and there was no redress " as justice,
or rather judgment, was only obtainable from this tribunal."
There was no cause of dissatisfaction with Major Caine himself
or with the gentleman who held the position of Marine Ma-
gistrate- Lieutenant Pedder, R.N. , --but it was the system which
had been allowed to go on without any improvement that was
objected to : "they mete out justice, " it was remarked , " ac-
40 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. I. cording to the judgment which God had been pleased to grant
1844. them ; equitably, in their own opinion , no doubt : they are far
above any intentional mal-administration of their respective
offices- this much for equity in this Colony-law, there is none. "
No wonder, then , that indignation had got to be so universal ,
and that there was a general wish that the Supreme Court, with
its complement of competent officials, should soon be opened.
Sir H. Pot- With a view to appeasing the public mind, as far as he could ,
tinger en-
deavours to Sir Henry Pottinger, on the 20th March, 1844 , passed Ordi-
appease nance No. 6 of 1844, which enabled him to refer all civil actions
public mind.
Ordinance or suits to arbitration , but which Ordinance was to cease to be
No. 6 of 1844. in operation " on the arrival of and assumption of duties by the
Judge of the Supreme Court. " Laudable in its object, as this
enactment was, it was subsequently disallowed by Her Majesty's
Government, doubtless because the Judge had already been
appointed and by the time the approval or disapproval of the
Ordinance would be received by the local authorities, for aught
was known, the Judge might be functus officio.
Complaints Complaints of the irresponsibility of the Executive, the imprac-
Execu- ticability of the redress of grievance, and the utter inapplicability
as toand
tive
Legislative
Councils. of the Legislative Council to the exigencies of the Colony were
now frequent. The Council consisted only of the Governor, the
General, and the Chief Magistrate , three military men, and with it
thus constituted , eight Ordinances had already been passed . Some
of these had met with disapproval, and Sir Henry Pottinger
was urged to defer the passing of any more until the arrival of
the Attorney- General and of the Judge , now shortly expected.
Crime and The incursion of thieves and the frequent daring robberies ,
Police ineffi-
ciency. many going undetected and unpunished, by armed gangs , con-
tinued to cause alarm , especially among those ofthe community
who lived in unprotected localities . It was urged that the
attention of the Legislative Council should be speedily directed
to the formation of an efficient police force for the protection of
property and the lives of the inhabitants . It had long been a
source of complaint that the Chief Magistrate had not had an
effective force at his disposal, though he had frequently repre-
sented this to the authorities . He spared no personal exertions
in the execution of his arduous duties ; at all hours of the night
he was reported to be unremitting in endeavouring to appre-
hend the thieves who infested the island. It was suggested, and
not unreasonably so, that the police should be placed under the
control of an officer who would have no other duties to perform.
The Chief The Chief Magistrate had enough work on his hands during the
Magistrate day in his judicial capacity without adding that of a watchman
the Police at night to his labours , as he had recently been doing. Many of the
and Frisons. thieves were believed to come from the opposite shore of Kow-
loon, and it was suggested that the military and naval authorities
CRIME AND POLICE INEFFICIENCY. 41
might be asked to afford some protection to the inhabitants . It Chap. I.
was not desired to exaggerate the dangerous condition of affairs , 1844.
the picture only required the trials of truth to rivet attention , but
it was a matter of fact that the Colony had not received that pro-
tection from Her Majesty's forces which it had a right to demand .
Half of the troops on the island , it was said, could well be drafted
into the Police Force ; and half-a-dozen boats stationed at well
known spots would render it almost an impossibility for the
thieves to cross unobserved . The opportunities for plunder,
and almost certainty of escaping undetected , or, if caught, the
mildness of British justice compared with that of China, were
said to be the causes for such hordes finding their way to
Hongkong. The island was now, it was believed , an asylum for
the very dregs of the Chinese population. Matters had become
so serious that it was deemed advisable, as a first step, at
once to relieve the Chief Magistrate of his immediate police
duties and to place an officer in charge of the police . This was
forthwith done by the appointment of Captain Haly, of the 41st Capt. Haly,
Madras Native Infantry, with the sanction of Major - General intendent of
D'Aguilar, as Superintendent of Police, on the 22nd February, Police.
1844, he being sworn in as a Justice of the Peace for " the
Colony of Hongkong and its dependencies and the Dominions.
of the Emperor of China " on the same day. This was the
first appointment of the kind since the foundation of the
Colony, the Chief Magistrate, Major Caine, having been, up to
this time, Chief of the Police and ofthe Prisons, in addition to his
other multifarious duties, though Mr. Hillier, the Assistant
Magistrate, had afforded him much assistance . Captain Haly's
services, however, being required with his regiment, he was a few
days after, on the 1st March, succeeded by Captain Bruce of succeeds
Capt. Bruce
the 18th Royal Irish Regiment. During the few days Captain Capt. Haly.
Haly had been connected with the Force, he effected many
necessary improvements , and it was with regret that the public
heard of his departure , his regiment leaving for India.
On the 2nd March, 1844 , consequent upon the " number of Regulation
of boats and
outlaws that had from time to time come from the mainland junks.
and adjacent islands to this harbour purposely to rob and steal ,
with a view to preventing similar outrages in future and in
order to repress the lawless practices of vagabonds," the Gov-
ernor passed certain rules for the regulation of boats and junks,
which were published both in English and in Chinese, stating
that the law would be carried into full effect with the utmost
rigour. The immediate result of this was that many boatmen
left for Whampoa and other adjacent places, but, as was rightly
observed, the inconvenience would not be long felt as respect-
able men would soon be found in large numbers for the wages
paid in Hongkong.
42 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap . I.
As a measure of police precaution , in consequence of native
1844. watchmen in private employ being suspected of being in league
Suspicious
character with robbers, the following notice issued by the Chief Magis-
of native trate was circulated among the European inhabitants : —
watchmen.
Notice to
house- NOTICE .
holders.
Chief Magistrate's Office , Victoria,
Hongkong, 9th March, 1844.
Householders and all persons having hired watchmen for protecting their
houses are hereby informed that the Reverend Charles Gutzlaff, Assistant to
the Chief Magistrate in the Chinese Department, has volunteered to make
inquiry into the character of all the watchmen in the island, many being
suspected of having leagued with robbers. It is therefore proposed that Mr.
Charles Gutzlaff should give to the watchmen (who may be sent to him for
inquiry) certificates in all cases where he is satisfied with the parties
examined, but no certificate will be given to watchmen regarding whose con-
duct Mr. Gutzlaff may have doubts, and these precautionary measures, it is
hoped, will enable Householders (should they please so to do) to discharge
watchmen who are not able to give a sufficient security for their good con-
duct. It is clearly to be understood that Mr. Gutzlaff is by no means respon-
sible, and that it is perfectly optional with parties to profit by this offer.
(Signed) W. CAINE,
Chief Magistrate.
Mr. Gutzlaff will devote two hours per day to the proposed measure from
10 to 12 a.m., commencing on Friday next, the 15th instant, until the exami-
nation is concluded .
Precursor of This, no doubt, was meant as the precursor of a system of
registration
of Chinese registration to be gradually introduced, for by a notification
inhabitants, published on the 22nd April, 1844 , it was announced "that the
registry of the native Chinese population , whether permanently
or temporarily resident in this part of the island ( Victoria ) ,
having with certain exceptions being completed , it was now
considered expedient " with a view to establishing in future a
perfect system of surveillance as well as to introducing the
Chinese plan of a municipal police with native constables and
sub-constables mutually bound for themselves under their
supervision, to extend the registry to all Chinese not hitherto
included ." This measure was favourably received especially hav-
ing regard to the object in view, and the wisdom of it was shown
that with it, and owing to greater vigilance shown by the anxiety
of the Governor equalled by the readiness with which his wishes
and suggestions were received and executed by the military
Maj.-Gen. commander, Major - General D'Aguilar, who had consented to
D'Aguilar
and military the Police Force being augmented by volunteers from the 58th
volunteers as Regiment, and to whom the residents were grateful for the
an addition
to Police measures he had taken to avert the nightly irruption of banditti
Force,
in Hongkong, daring robberies had considerably decreased , and
SUPPLEMENTARY TREATY WITH CHINA . 43
Chap. I.
it was hoped that the system of registration would now be ex-
tended to the whole island. 1844.
On the 11th March, 1844, it was announced that henceforth Transporta-
all offenders under sentence of transportation would be sent to tion.
Van Diemen's Land and Norfolk Island , and the islands
adjacent to and comprised within the Government of Van
Diemen's Land (Western Australia ) . This was under the
powers conferred by an Order of the Queen-in - Council, dated Queen's Or-
der in Coun-
22nd May, 1840 , under the Act 6 Geo . IV. , c. 69 , relative to cil of 22nd
transportation . This proclamation was repeated by Governor May, 1840.
Act 6 Geo.
Davis on the 22nd June, 1844, but rescinded by proclamation IV., c. 69.
of the 26th February, 1845 , in consequence of instructions from
the Home Government that no provision had been made inthe above
Colony for the reception of convicts . The appointment of Mr. Mr. P. I.
Sterling,
Paul Ivy Sterling, Barrister -at- Law, as Her Majesty's Attorney- First Attor-
General for Hongkong, was currently reported in the Colony, ney- General
in April, 1844 , but nothing had yet been heard about the Chief of Hongkong.
The Chief
Justiceship except that the post had been fixed at £ 2,500 * per Justiceship.
annum, the London Observer remarking that it had been offered
to no less than seven barristers and successively refused by all ;
fear of the climate, it was said , being the reason . By an Order Queen's Or-
der in Coun-
ofthe Queen-in - Council, dated the 17th April, 1844, this Colony cil of 17th
was appointed as the place wherein crimes and offences com- April, 1844 a
Hongkong .
mitted by British subjects in China were to be tried , and the place of trial
Chief Justice was empowered to proceed thither similarly to for
offenders
Britishin
try offences . This Order was re-published in the Colony in China.
May, 1847 .
Much hostile comment on a supplementary
treaty with Supplemen
tary Treaty
China entered into by Sir Henry Pottinger, Her Majesty's with China.
Plenipotentiary , on the 8th October , 1843 , but only published ments.
Hostile com-
locally after ratification, now excited public attention . It
was said locally that the Governor had " signed and
sealed a compact sacrificing the shipping interest of the
country and injuring the Colony ; that as a soldier and a
diplomatist he had served his country faithfully, but
that this convention gave undoubted evidence of his total
ignorance of international commercial negotiations." The
objectionable points would appear to have been the 13th and
17th articles . The 13th provided that Chinese purchasing goods
in Hongkong were to ship them solely in Chinese vessels , and
the 17th provided that foreign vessels engaged in the coasting
trade were to pay the same charges at each port as those that
made the long voyage from Europe, thus compelling a vessel ,
loading here for, the ports to the northward, to pay charges four
• Afterwards increased to £3,000 on condition the holder should have no claim to
pension ; but as to this see Chap. xxvii, and xxxi., infrà.
44 HISTORY OF THE LAWS, ETC., OF HONGKONG.
Chap. I.
- times in the course of from a month to six weeks , and thereby
1844. raising the rate of freight to the great injury of the direct trade
between this Colony and the four new ports. The injurious
effect of the two articles was alleged to have made itself already
felt in Hongkong, and it was said, moreover, that the 17th article
was injurious not only to the shipping interests of all the Powers,
but principally to our own as forming the great bulk of the
Home and tonnage employed in the coasting trade. Criticisms upon the
French
criticisms. subject soon appeared in the London papers, and the French
press, notably the Journal des Débats , gave garbled accounts of
the discrepancies between different translations of the treaty,
pointing out at the same time that the translators had been
bribed , and Sir Henry Pottinger made the victim of an unworthy
Sir Henry trickery- supercherie. Sir Henry Pottinger afterwards, at a
Pottinger
vindicates dinner given him by the merchants of London on the 11th
himself. December, 1844 , at Merchant Taylors ' Hall, took occasion to
refer to this treaty and endeavoured to vindicate himself from
the charge of having published an incorrect translation of it.
He said :-
"A very erroneous impression went abroad, through, I believe, some papers
at Canton, that there had been some mistake committed in the treaty. This
is quite incorrect . It arose from the necessity of my making public an
abstract of the treaty, while the Chinese published the whole, and a transla-
tion was made with many important omissions. Having been asked seriously
whether there was any ground for the allegation that mistakes had been
committed, I am happy to say that there is no cause whatever for the alarm ."
It was, however, understood that no mistakes were actually
made in the treaty itself, that the Chinese copy was correct, and
the errors made in a first translation admitted , though, by a
very curious coincidence, the two clauses omitted in that transla-
tion were precisely those that were objected to. One of the
clauses , the 17th, that which imposed heavy tonnage dues on
coasting vessels , had been removed by treaty with the United
States . The other, it was said, " still hung like a mill - stone
The London round the neck of the Colony." The London Chronicle, speaking
Chronicle.
on this subject afterwards, said :-
" It was the French papers which spread the report that the Chinese treaty
was by no means as favourable as was supposed, for that the original con-
tained certain unfavourable stipulations which were not to be found in the
English copy. Sir Henry contradicts this, but unfortunately in a way that
must induce the French to persevere in their opinion. A fuller explanation
than that given in Sir Henry's speech would be highly desirable."
Registration
of Chinese. In regard to the registration system sought to be introduced
Public and hereinbefore noticed , on the 24th April, 1844, there ap-
opinion.
peared a notification to the effect that the " registration of the
Chinese inhabitants had been completed " with the exception of
those in the employ of Europeans, who were now requested to
take them to the office of Mr. Gutzlaff, the Chinese Secretary,
RETIREMENT OF SIR HENRY POTTINGER. 45
to be registered. This was regarded as an impudent attempt Chap. I.
to deceive the people , for to have completed the " registration of 1841.
the Chinese inhabitants " in so short a time was to make one
believe a most arduous task had been performed, and that every
man was known to the Chinese Secretary and that he could
guarantee their respectability. The whole thing was considered
a farce, and probably not unnaturally so, under the circumstances.
It was said that to render such a task complete, time, talents ,
and perseverance were all required , and without them any plan
would prove unavailing, and the assertion that this work had
been performed in so short a period by a gentleman who had
other duties, both secular and clerical, to attend to, was scouted
as preposterous. As will be seen, the subject still continued .
to engage the attention of the authorities whose praiseworthy
efforts in this direction were all towards the abating of crime,
by the passing of Ordinance No. 16 of 1844 , for establishing Ordinance
No. 16 of
a registry of the inhabitants, of which more anon . 1844.
It was now known that Sir Henry Pottinger would be soon Retirement
relinquishing his duties as Governor and Her Majesty's Pleni- Pottinger.
potentiary in China. He had been continuously on active Approval of
his services
service since his first arrival in the Colony in August, 1841 , and by Her
had expressed a wish to be relieved of his duties, and which Government.
Majesty's
could not, considering his services, be reasonably refused him.
Rumour spoke of the appointment of Mr. John Francis Davis, Mr. J. F.
of the East India Company's service and formerly one of the Davis
succeeds
Superintendents of British Trade in India, as his successor . As Sir H.
the records afterwards show, the report proved correct , and also the Pottinger.
report that Sir Henry Pottinger would be leaving Hongkong before
very long. On announcing the appointment of his successor in
February, 1844, under the signature of the Foreign and Colonial
Secretaries of Her Majesty's Government, the Earl of Aberdeen
and Lord Stanley, the Queen was pleased to convey to Sir
Henry Pottinger Her Majesty's most gracious approval of his
whole conduct during his employment in Her Majesty's service ;
the regret the Queen felt that he should have been under the
necessity of relinquishing the trust which he had discharged
with so much zeal and ability ; and the announcement to Sir
Henry of Her Majesty's commands, to assure him that he retired
from Her service in possession of Her Majesty's entire approba-
tion and gracious acceptance of his services. This was coupled
with the declaration that Her Majesty's Government felt that
the energy and judgment he had exhibited in the negotiations
by which hostilities were brought to an end, and in those which
were afterwards required for consolidating the work of peace
which had been so happily accomplished and for placing the
relations between the two countries on a sound footing, justly
46 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
entitled him to the highest commendation ; and that the duties
1844. which he had been called upon to discharge during his residence
in China had been various and complicated, and his zeal and
resources had overcome all difficulties .
The entire and unqualified approbation by Her Majesty and
her confidential advisers of all Sir Henry's acts as British Ple-
nipotentiary in China must have been as gratifying to himself
and his friends as it was destructive of every past or future
endeavour to give a false colouring to the estimation in which
his services were held by those most competent to judge of
their merits and most interested in their success . The reception
he afterwards met with on his arrival in England, as hereinafter
shown, moreover fully testified to the estimation in which he
was held and the value set upon the services he had rendered
to his own country and the world at large.
47
CHAPTER II.
1844 .
Arrival of Governor Davis and Chief Justice Hulme. -The Hon. F. W. A. Bruce,
Colonial Secretary.-Mr. R. D. Cay, Registrar.-- Major Caine.-Lieut. Pedder, R.N.-
Previous career of Mr. Davis. - Previous career of Chief Justice Hulme. -Local opinion of
existing Courts.--Commissions of Governor Davis.-Establishment of a magistracy at
Chuck-chu, with Mr. Hillier as Assistant Magistrate. -Chief Justice Hulme appointed a
member of the Legislative Council. - Departure of Sir H. Pottinger.-Mr. Burgass accom-
panies Sir H. Pottinger.- Delay in departure of Sir H. Pottinger, owing to misunderstand-
ing with Admiral Cochrane.--Arrival home of Admiral Parker.- Sir H. Pottinger's career
in China. His difficulties in first settling Hongkong.--His legislation.- His arrival in
England. -Honours bestowed on him.- His return to Ireland. -Character of England
raised by Sir H. Pottinger.-England's policy in China.-Universal commerce.- Magna-
nimity of England unparalleled in the annals of nations.--Desecration of day of rest in
Hongkong.-Order of Governor-in- Council as to Sunday observance.- Governor's Circular
to European firms regarding night Police.- Lighting of the town. The residents con-
sulted.--Indian night Police raised . - No mutual sympathy between the Indian and the
Chinaman.--Table of fees in Police Magistrate's office.- Crime and lighting of the town.
Ordinance No. 5 of 1844.-- Mr. H. C. Sirr.-Mr. B. Robertson.--Mr. R. B. Jackson .--
Piracy.-Arrival of Mr. Sterling, the Attorney-General.- State of judicial affairs at this
period .--Mr. Sterling gazetted a member of the Executive Council.- Tenders for buildings
at Chuck-chu and for Police Stations.--Chinese watchmen and bamboo-striking.--Chinese
custom of bamboo-striking.--Fine imposed by Chief Magistrate for contravening the order
against bamboo-striking.-- Bewailings of Hongkong people in consequence of stoppage
of bamboo-striking. -Ordinance No. 5 of 1844, section 1.- Major-General D'Aguilar instru-
mental in stopping bamboo-striking.--Ordinance No. 17 of 1844. -Governor Davis inspects
northern ports. Major-General D'Aguilar administers Government pro tem. -Renewed
complaints at non-opening of the Supreme Court.--Chief Justice Hulme abused in conse-
quence.- Skit upon state of affairs.--Result of scandalous delay in opening Supreme Court.
Ordinance No. 6 of 1844.- Ordinance No. 15 of 1844.-Ordinance No. 6 of 1845 .--
Ordinance No. 2 of 1846.
AT length, on the 7th May, 1844, H.M.S. Spiteful arrived Chap. II.
from Bombay, having on board a large number of the long ex- Arrival of
pected and anxiously looked for important officials for the Governor
Davis and
Government of Hongkong, among these being His Excellency Chief Justice
John Francis Davis previously mentioned, Governor and Her Hulme.
Majesty's Plenipotentiary and Chief Superintendent of Trade
in China, in succession to Sir Henry Pottinger, whose intended
retirement and early return Home had long formed the subject
of speculation, the Honourable Frederick W. A. Bruce, The Hon. F.
W. A. Bruce,
Colonial Secretary, the Honourable John Walter Hulme, Colonial
Esquire, Chief Justice, and Mr. Robert Dundas Cay, Registrar Secretary.
of the Supreme Court. Early in the morning, the next day, Mr.
Cay,R.Regis
D
Wednesday, the 8th, Mr. Davis landed , being received with the trar.
honours due to his rank. On the same day he was sworn into
office by the Legislative Council , and a notification duly appeared
giving the appointments beforementioned , and announcing that
* He was also a barrister, and a brother of the Earl of Elgin, Governor-General of
Canada,
48 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. II . Brevet- Major Wm. Caine, heretofore known as Chief Ma-
1844. gistrate, had been appointed as " Police Magistrate, Sheriff, and
Major Caine. Provost- Marshal," and Lieutenant Wm . Pedder, R.N. , heretofore
Lieut. Pedder,
R.N. Harbour- Master and Marine Magistrate, as " Harbour - Master. "
Previous Mr. Davis, the Governor, had previously held the office of Su-
career of Mr.
Davis. perintendent of Trade in China-some ten years before - twenty
years previous to which he had accompanied Lord Amherst on
his embassy to Pekin . During the interval between his present
appointment and his departure from China he had held several
important appointments under the East India Company. Mr.
Davis was also known as the accomplished author of perhaps
the only really good work that had been written on China, and
from his intimate knowledge of the character ofthe Chinese, their
language, manners , and customs , as well as from his experience
of commercial affairs, particularly those of the East, he
was considered eminently qualified for the office to which he
had been appointed , and the selection was accordingly popular.
Previous With regard to the Chief Justice, Mr. Hulme, his appointment
career of
Chief Justice to preside over the judiciary of Hongkong resulted from his
Hulme.
well-earned reputation of being a sound lawyer. * Rumour had
Local
opinion of it that now that the Chief Justice and the Registrar had arrived ,
existing upon the arrival of the Attorney- General, not long due, the
Courts.
Supreme Court would open and with it end "the old-fashioned
military Court, which had given so much dissatisfaction . The
jurisdiction of this Court, which so strongly called to remem-
brance the feudal days of old , would in future be confined to
police cases and, as a police establishment, would prove a most
efficient one. " These were rather ungenerous remarks , it must be
admitted , to pass on the energetic man , who had so long presided
over this Court, and the Government of the day that had deserved
so much credit and done the best it could, with the excep-
tionally limited resources of every kind at its disposal .
Commissions
of Governor The four Commissions of Mr. Davis , the first giving him full
Davis. powers under the Great Seal, and as Her Majesty's Plenipo-
tentiary , Chief Superintendent of the Trade of British Subjects
in China, and Governor and Commander - in- Chief of Hongkong
and its dependencies , the latter being by writ of Privy Seal,
were duly published shortly after his arrival on the 10th May,
1844. These were all dated the 9th January, 1844, the date of
his appointment .
Establish-
ment of a The number of daring robberies and other serious crimes
magistracy committed at Chuck - chu ( called Stanley in March, 1845 ) , and
* Mr. John Walter Hulme, of the Middle Temple, was an associate of the celebrated
Joseph Chitty (whose daughter he married) ; was the joint author with Mr. Chitty
ofan important work entitled " A Practical Treatise on Bills ofExchange " which ran into
several editions, the last edition appearingin 1840 ; and was also joint author with Mr. Chitty
of Collection of Statutes of Practical Utility," with notes thereon, intended as
a Circuit and Court Companion- see “ Jurist ” (1837) pp. 808, 872.
DEPARTURE OF SIR H. POTTINGER . 49
its vicinity, the resort of the criminal classes, induced the Govern- Chap. II.
ment to establish a magistracy there in May, 1844, Mr. Hillier, 1844.
the Assistant Magistrate, who in February last had been gazetted chu,
at Chuck-
with
as Recording Officer to the Criminal and Admiralty Court, Mr. Hillier
as Assistant
receiving the appointment. From his past experience he was Magistrate.
considered as well qualified for the position as any one procur
able in the Colony, and his past services had entitled him to the
consideration of the Government. The comparative degree of
safety enjoyed at this time in the island was said , in a great
measure, to be due to the able assistance he had rendered the
Chief Magistrate, with whom , it will be remembered , the military
so energetically co-operated in putting down crime.
In June, 1844 , the records show the appointment of the Chief Chief Justice
Hulme
Justice, Mr. J. W. Hulme, as a member of the Legislative appointed a
Council. member of
the Legisla-
tive Council.
Sir Henry Pottinger, the late Governor, embarked on board Departure
H.M.S. Driver, at midnight, on Tuesday, the 18th June, 1844, of Sir H. Pot-
tinger.
for India, en route to England. During the interval between
the arrival of his successor, Mr. Davis, on the 7th May, until
his departure, Sir Henry Pottinger had been constantly engaged
with the new Governor in settling important matters connected
with the Government. Amongst those who accompanied him
was the barrister, Mr. Burgass, formerly Clerk of the Legisla- Mr. Burgass
tive Council and Legal Adviser to the Government. Owing to Sir H. Pot-
some misunderstanding between Sir Henry Pottinger and tinger.
Rear-Admiral Sir Thomas Cochrane, who had succeeded Rear- departure
Delay in of
Admiral Sir Wm. Parker, as Commander of the Naval Forces, Sir H. Pot-
tinger, owing
in China, the Driver did not sail till late on Thursday evening. to misunder-
It would appear that the Admiral had granted a passage in the standing
with Admiral
gun-room to a Spanish officer from Manila, who was the bearer Cochrane.
of despatches to the Court of Madrid . Sir Henry Pottinger
was not aware of the circumstance until after his embarkation ,
when he insisted upon the Admiral turning the Spanish gentle-
man out of the ship , to which the Admiral would not consent.
After two days unsatisfactory negotiations, and the exchange of
numerous letters, the facts coming to the knowledge of the
foreign officer, he very properly withdrew from the vessel, and she
then immediately, on the 20th, proceeded to Macao, en route
to India. The gallant Admiral, Sir Wm. Parker, Bart. , G.C.B. , Arrival
the late Commander of the Naval Forces, had at this time reached Admiral
Home of
Home where a grand entertainment was given him by the Royal Parker,
Naval Club. Not long after he was awarded a pension for
meritorious services and received the appointment of Naval
Commander in the Mediterranean vice Sir E. Owen , and hoisted
his flag on board the Monarch, 84,
50 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. II.
In regard to Sir Henry Pottinger's career in China , it is
1844. impossible not to do justice to the great ability exhibited by
Sir H. Pot-
tinger's him at a most difficult and important crisis, and to the great
career in moderation he displayed in the hour of victory. His extraor-
China.
dinary zeal and industry in the establishment of the Colony,
and the settlement of our commercial relations with the Chinese,
His difficul. will ever redound to his credit. With regard to Hongkong
ties in first
settling itself, he had to contend with endless difficulties. He had
Hongkong. not only to establish the Colony without being supplied with the
usual model guide in the shape of printed instructions from the
Colonial Office containing orders clearly defined as to almost
every particular matter which would be required of him, but he
was at a disadvantage in many other respects, and his establish-
ment was formed of such rough material as first came to
hand. It was morally impossible, with such assistance, that
he could carry on the Government satisfactorily ; the defective
judicatory and totally inefficient police were the cause of un-
ceasing complaints, and added to these was the want of a
properly -constituted Legislative Council with whom he could
consult. Nominally he had the latter, but the best element was
wanting, namely, members of the community, outside his own
officials, whose advice he might have sought in important and
His
legislation. pressing local matters . He was accused of passing hasty,
unconsidered measures, some of which had been disallowed or
had never come into operation. From the time the Council
opened on the 11th January, 1844, till the cessation of his
governorship in May of the same year, he had passed no
less than twelve Ordinances, all of which , however, be it said,
with an important local bearing. An Indian paper, remarking
upon that fact, said that the gallant plenipotentiary was a legis-
lative incarnation of the " go ahead " principle of our trans-
atlantic brethren ; he coined laws almost as readily as the
mints did rupees ...... Her Majesty's Governor of Hongkong
should be known hereafter as " Sir Henry Notification ." But
surely all this merely showed the public spirit with which he was
imbued and the interest he took in the Colony and its people ,
all of which evidently he had at heart. After a short stay in
India , which he had reached on the 31st July , 1844, and where
he was publicly entertained , the Bombay Chamber of Commerce
presenting him with an address on the 21st August, 1844, Sir
Henry Pottinger left Bombay for England , viâ Egypt, in the
afternoon of the 27th August, 1844, embarking under the
His arrival salutes to which his high rank entitled him. His merits, on
in England. arrival in England , were not overlooked . It is not often that
persons in a civilian capacity are able to achieve any of those
great enterprises which command the gratitude and admiration
of mankind, and it must have been especially gratifying to him
MANIFESTATIONS IN FAVOUR OF SIR H. POTTINGER. 51
personally to find how much the ability he had displayed in his Chap. II.
negotiations with China, was appreciated by his countrymen . 1814.
He was made a member of the Privy Council, awarded a pension of bestowe
Honours
d on
£ 1,500 a year, and elected a member of some of the city corpora- him.
tions. On the 11th December, 1844, Sir Henry Pottinger was
entertained at Merchant Taylors ' Hall by the merchants of
London, Mr. J. A. Smith, M.P., officiating as chairman . Im-
mediately on the latter's right hand sat the guest, Sir Henry
Pottinger, the Marquis of Normanby, and Lord Palmerston, and
on the left the Earl of Aberdeen and Sir James Graham. Before
the dinner, Sir G. Larpent, on behalf of the merchants of
London trading to the East Indies and China, presented an
address to Sir Henry, eulogizing his skill and ability in the
conduct of the negotiations. On the 17th December, Sir Henry
Pottinger was similarly entertained at Liverpool by the leading
merchants there, amongst those present being the Mayor, Lord
Sandon , Mr. Wilson Patten, M.P. , Lord Stanley, the High - Sheriff
Mr. W. Entwistle, M P. , and others , Sir Henry being presented
before dinner with an address from the East India and China As-
sociation of Liverpool . On the 20th December , he was again
entertained at a sumptuous festival, at Manchester, presentations
of plate being made to him by Manchester merchants and other
bodies . * He was also presented with the freedom of the cities
of Edinburgh and Glasgow, the latter city giving him a din-
ner also, and he was requested to stand as a candidate for the
representation of the town of Greenock in Parliament, an honour
which he declined . His return to his native city, Belfast, was His return to
celebrated by a public entertainment by the gentry of the Ireland.
neighbouring counties, the mayor and corporation and the
leading members of the community being present. Upon this,
as upon all similar occasions, the public services of the distin-
guished guest were the theme of unmixed praise, so that in
fact the proceedings were little more than a repetition of what
had already taken place at the receptions given him in London,
Liverpool, and elsewhere. All parties were agreed as to the
national importance of what Sir Henry Pottinger had achieved Character of
by determining our relations with China , and opening to our England
raised by Sir
trade the markets and resources of another empire. He had H. Pottinger.
At a meeting of the Common Council of the City of London, held on the 12th
February, 1845 , it was proposed by Mr. R. L. Jones, and seconded by Mr. J. Dixon, and
carried unanimously, that the freedom of the city, in a box of the value of 100 guineas be
presented to Major-General Sir H. Pottinger, Bart.. G.C.B., “ in testimony of the estima-
tion entertained by this Court, in common with their fellow-citizens, in regard to his
important services in negotiating a treaty of peace and commerce with the Chinese empire."
Sir H. Pottinger intimated to the Committee at Liverpool that he had already two com
plete services of plate, in addition to that to be presented to him by the merchants of
Bombay ; and that it would be most gratifying to his feelings if the amount subscribed in
Manchester, together with that subscribed for a testimonial in Liverpool, should be ex-
pended in the purchase of a residence in London. This was at once acquiesced in by the
Committee, with the understanding that a sum should be applied for the purchase of a
single piece of plate, on which should be engraved a suitable commemorative inscription.
52 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap.
- II. raised the character of England by the liberal views which had
1844. prompted him, upon his own responsibility, to conclude a com-
mercial treaty admitting other civilized nations to an equal
footing in trading with that vast and wonderful empire, and
England's had showed that England had no ulterior views of her own, no
policy in
China. sordid schemes of violent usurpation , no mean desire of expel-
Universal
ling other nations from the equal benefits of universal com-
commerce.
merce throughout the world, as indeed has ever been her policy.
Magnani- She did not fight for herself alone, but with a magnanimity
mity of
England un- almost , if not quite, unparalleled in the annals of nations, she
paralleled consecrated the first fruits of her conquest as an offering to
the annals in
of
nations. the whole civilized world of the advantage which she alone
had won .
The following is a condensed record of the life and services of Sir Henry Pottinger
as derived from the papers of the time :-
“ Sir Henry Pottinger was the fifth son of Eldred Curwen Pottinger, Esquire, of
Mount Pottinger, in the county of Down. He was born in 1791 , and left for India, when
he was thirteen years of age, in 1804. His services in different parts of the East have
spread over forty years. In his thirtieth year he married a daughter of Richard Cooke,
Esquire, of an Irish family located at Cookesborough. in the county of Westmeath.
Having been appointed an Ensign in the 7th Regiment Bombay N.I. in 1806, he imme-
diately devoted his attention to the study of the native languages, and was appointed
Assistant to the Superintendent, on the departure of the officer who filled that office to
Europe, holding the same till the abolition of the Cadet Establishment. In 1809, Lient.
Pottinger was employed as an assistant with a mission from the Supreme Government to
the Rulers in Scinde, and, on his return from that country, was selected, with Captain
Christie of the Bombay Army, by the late Sir John Malcolm (then Colonel Malcolm) to
explore the totally unknown country lying between India and Persia. The travellers
landed at Sonmecanee on the 16th January, 1810, and proceeded by Beila and Khosdar to
Khelat, and thence to Noshky where they separated about the 20th of March ........
Lieut. Pottinger proceeded by Sarawan, the provinces of Kohistan, Nurmansheer, and
Kirman to Shiraz, which he reached on the 5th June, having performed a journey of nearly
1,600 miles since leaving Sonmecanee of which nearly 1,400 miles were in as direct a line
as the paths would admit from east to west, and been for two months and a half without
any European companion whatever............Lieut . Pottinger's mission was to pave the
way for meeting Napoleon, should his gigantic schemes ever lead the French power in that
direction. Amidst quick-witted and observant people, he passed from the north-west of
India to the ancient capital of Persia in the garb and by the calling of a Mahomedan
horse-dealer- at every hour his life in peril...............From Lieut . Pottinger's return from
Persia to Bombay, where he landed in the early part of 1811 , till the year 1814, he was
employed in the duties of military life, but in the latter year he was appointed by the
Earl of Moira (afterwards Marquis of Hastings) then Governor-General of India, second
assistant to the Resident at Poona (the Honourable Mountstuart Elphinstone), an office
which he continued to fill until the termination of the Mahratta War of 1817-18, when
he was appointed Collector of Ahmednuggur, and there remained for about seven years. In
1825, a vacancy occurred in the appointment of Resident in Kutch, and Sir Henry, then
Major, Pottinger, being desirous of returning to the political line of the service, was no
minated to it by Mr. Elphinstone, who had succeeded some days before to the Government
of the Presidency. To his duties as Resident were added those of the then Regency. Whilst
in the exercise of that office, Major Pottinger reclaimed the Principality from the state of
anarchy and confusion in which he found it, and placed it in one of unexampled tranquil-
lity and prosperity. From 1825 to 1840, in addition to his duties as Resident in Kutch,
Major, afterwards Colonel, Pottinger was the medium of constant communication between
the Supreme and Bombay Governments and the Ameers of Scinde............... On the close
of the operations in Afghanistan and the return of the Bombay troops to India, Sir Henry
Pottinger, who had been raised to the dignity of a Baronet in 1839 for his services during
the advance of the army through Scinde and his general management of our interests in
that country, returned to Bombay and eventually to Europe, with impaired health, the
consequence of seven and thirty years' uninterrupted residence and exertion in India. He
had scarcely arrived in England when, in May, 1841 , he was sent for by the President of
the Board of Control, Sir John Hobhouse, and nominated to undertake the difficult duties
pertaining to the desired settlement of our existing differences with the Chinese Govern-
In August, 1841 , he arrived in the Canton waters, and commenced his proceedings,
DESECRATION OF THE DAY OF REST. 53
The desecration of the day of rest being practically the Chap. IL
order of the day in Hongkong at this period, even in the Gov- 1844.
Desecration
dayof rest
ernment Departments, notwithstanding the laws in force upon of
the subject, the Governor-in-Council directed that the following in Hongkong.
Order of
order should be published for general information, His Excellency Governor-in-
adding that he expected that the course therein indicated by the Council as to
Government would in future be followed, and the Sunday Sunday servance.ob-
observed with due respect by the Christian population through-
out the Colony : -
Government House,
Hongkong, 28th June, 1844.
Sir,
I am directed by His Excellency the Governor-in-Council to inform you,
that, with a view to a better observance of Sunday throughout the Colony,
be directs that Government works be not proceeded with on that day, and
that all Europeans in the service of your department be thereby afforded an
opportunity of attending Divine Service .
In all contracts made in future, you will take care that Sunday is omitted
in calculating the time necessary for the completion of the work contracted
for.
I have, etc., etc.,
FREDERICK W. A. BRUCE,
Colonial Secretary.
CHARLES ST. G. CLEVERLY, Esq.
Acting Surveyor- General.
That this order was followed more in the breach than in its
observance may be gathered from a further proclamation to the
same effect issued in February, 1845 .
In consequence of a suggestion from the Police Magis- Governor's
trate, whose experience upon the subject was worthy of circular European to
consideration, the Governor addressed a circular to the principal firms regard.
European firms in the Colony, requesting their advice and ingnightPolice.
co-operation in establishing a night Police. This again, as
before, showed the good-will and anxiety of the Government in
doing its very utmost to stamp out crime from the island. As Lighting of
will be seen, the question of the lighting of the town , which the
Thetown.
residents
consulted.
the military portion of which concluded on the 17th August, 1843, on which day he
desired Sir Hugh Gough and Sir William Parker to suspend hostilities. On the 29th
August, the treaty was signed, and shortly after the supplementary treaty. In August,
1842, he received the Grand Cross of the Bath ; and in April, 1843, was appointed Governor
and Commander-in-Chief of the Colony of Hongkong. Sir Robert Peel, when announcing
that the new Government had thus retained the nominee of the old, added a personal
compliment, couched in the highest terms of eulogium ; and at another time he expressed
his regret that custom alone prevented Sir Henry from receiving for his civil services
the thanks of Parliament, which others had received for perhaps less important military
services ...... In September, 1846, Sir Henry Pottinger was appointed Governor of
the Cape of Good Hope, and in 1847 to the Governorship of Madras until 1854 when
he returned to England. He died at Malta on the 18th March, 1856, in the 65th year of
his age.
54 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap.
- II. still remained unlit at night, and the possibility of doing away
1844. with private watchmen in whom the authorities had all along
the reverse of confidence, were touched upon. The unsuitability
of the British for street police , owing to exposure, is deserving
of attention even at this date. The following is a copy of the
Circular in question : -
Government House,
Victoria, Hongkong, 3rd July, 1844.
Gentlemen,
The Police Magistrate has proposed that a street Police should be formed
for the purpose of keeping watch at night, to be supported at intervals by
stations, from which assistance could be had in the event of robbers descend-
ing in too great force, for the constables on the look-out to cope with . It
seems to His Excellency that if this is properly organized, and the lighting
of the town properly enforced, it would do away, to a great extent, with the
necessity of employing private watchmen -a system entailing considerable
expense-insufficient for the protection of those who adopt it, as has been
proved on numerous occasions, and very defective as a means of even giving
alarm , from the want of any organization or mutual co-operation among the
watchmen themselves.
As the time is approaching when the expense of these local charges must
be provided for on the spot, His Excellency , before coming to any final
decision on the subject, is anxious to have the benefit of any suggestion
which your experience may enable you to offer on the most effectual and
economical means of rendering secure the persons and property of residents
in this town, either by carrying out the system as above proposed , or by
such other means as you may think best, and he directs me particularly to
draw your attention to these points :
How far ought such a Police to extend ?
What points would be best adapted for the supporting stations ?
What class of men would do for the street Police, as the exposure is
found to be very fatal to the British ? and by what means,
assessment or otherwise, you would propose to meet the expenses
of the force.
I have etc., etc.,
(Signed) FREDERICK W. A. BRUCE,
Colonial Secretary.
The Government, in taking the opinion of the inhabitants
upon such an important matter no doubt acted both wisely and
liberally- wisely, because as a subject that so closely affected
their welfare, he would be enabled to act with greater con-
fidence and energy, fortified with the advice of the most
influential and experienced members of the community ; liberally,
inasmuch as the Colony would be taxed to support the estab
lishment, and it was therefore proper that the inhabitants
should have a voice in its formation , which, in the then state of
the Colony, they could not have through the usual medium of
Indian night elective members of Legislative Council
Council .. As a result of the
Police raised. démarches upon this subject, early in September, 1844 , a corps
THE INDIAN NIGHT POLICE , 55
of twenty -five natives of India was raised , and placed under the Chap. II.
control of a vigilant officer. These men, armed with pistols 1844.
and cutlasses, were stationed at short distances along the Queen's
Road, and from sunset to sunrise were on duty, affording great
protection to property. The matériel of which this body was
formed, as it is now, was probably the best that could have been
chosen, as undoubtedly there exists no mutual sympathy between No mutual
the Indian and the Chinaman, -the reverse probably, -which between tween the
would thus render the risk of connivance at any time extre- Indian and
the China-
mely improbable and therefore the security to the public greater. man.
On the 16th July, 1844 , a table of fees to be taken in the Table of fees
Police Magistrate's office, having been approved by the Gover- in Police
Magistrate's
nor-in- Council, was published for general information . This, office,
to some extent, superseded the obnoxious table published in
January and before alluded to, and remained in force until
superseded by the new table published on the 26th December,
1849 .
The Governor, being convinced that one of the most Crime and
and lighting
effectual means both of preventing and detecting crime consisted of the town.
in having the streets well lighted, on the 18th July, called upon Ordinance
No. 5 of 1844.
the inhabitants of the town to conform strictly in future to the
provisions of Ordinance No. 5 of 1844 , requiring all persons
to affix a proper lamp or lantern to their houses and to keep it
alight during the night, the police having strict orders to prose-
cute all offenders in that respect.
Mr. Henry Charles Sirr, who had arrived in the Colony on the Mr. H. C.
29th May, together with Messrs . B. Robertson* and R. B. Jackson Sirr.
Mr. B.
as vice-consuls for China , and all three Barristers - at- Law, now Robertson.
Mr. R. B.
threw up his appointment and started practising in Hongkong. Jackson,
Here he remained, however, a short time, proceeding after-
wards to Ceylon .†
The records at this time disclose several daring cases of piracy. Piracy.
Robberies in Hongkong proper being less frequent, owing to the
vigilance of the authorities , the ruffians now seemed inclined to
carry on their nefarious trade upon the neighbouring waters .
The cause of this was put down to the mildness of our laws,
with the result that the Chinaman had got a rather contempti-
ble opinion of British criminal jurisprudence-" the mere scratch-
ing with a rattan, backs tanned to the thickness of a sole leather,
Called to the Bar, 16th June, 1840. Mr. Robertson held various important appoint-
ments in the Consular Service. He was in charge of the Superintendency at Hongkong in
September, 1854, and in 1877 retired as Consul-General at Shanghai. He was made a C.B.
in 1865 and knighted in 1872.
+ From the records it would appear that Mr. Sirr afterwards met with a chequered
career, especially in Ceylon, where he, for a time, held a Government appointment. He
wrote a book upon “ China and the Chinese," giving the result of his experience in these
parts.
56 HISTORY OF THE LAWS, ETC. , OF HONG KONG.
Chap. II. will not intimidate the vicious, but the principles of suspension ,
1844. as sometimes exhibited in front of Newgate, would probably be
more efficacious in impressing upon the spectators the beauties
of honesty, " ―remarks passed locally and probably not too strong
having regard to the people under consideration.
Arrival of Mr. Paul Ivy Sterling, the Attorney-General, whose appoint-
Mr. Sterling, ment was rumoured in April last, arrived with his family in the
the
Attorney- Surge, from London , on the 28th July, 1844. * He held also
General.
the appointment of Legal Adviser to the Superintendency of
Trade, his emoluments being £ 1,500 a year, with private prac
tice.
State of
The Judicial Department was now fully constituted, and
judicial
affairs at it was hoped that the Court would be opened with as little
this period. delay as possible. The Colony had been for some time in the
unenviable position of having no Civil Court of Justice what-
ever. On the arrival of the Chief Justice in May, the Police
Magistrate had ceased to decide upon actions of a civil nature,
restricting his Court to its own legitimate duties, in consequence
Mr. Sterling
gazetted a of which, as may be readily imagined, considerable inconvenience
member of had been experienced. Shortly after his arrival, Mr. Sterling
the Execu- was gazetted a member of the Executive Council.
tive Council.
Tenders for
As a result of the activity shown by the authorities at this
buildings
at Chuck-chu time in regard to the proper settlement of the island , it is not
and for
Police out of place to mention the calling of tenders on the 12th
Stations. August, 1844 , for the construction of a residence for the Assist-
ant Magistrate, with police stations, at Chuck-chu , and of three
police stations in the town itself.
Chinese Much dissatisfaction was caused at this time by a Govern-
watchmen
and bamboo. ment notification that watchmen were no longer to be allowed
striking. to strike their bamboos at night, as was their wont, to let their
employers know that they were " awake and watchful " ! The
notification was as follows : -
"Whereas the noise made by the Chinese watchmen has proved a public
nuisance, and a more effectual means of ensuring their vigilance may be
substituted in the severe punishment of those whose remissness is proved,
notice is hereby given that they will no longer be permitted to strike their
bamboos during the night .
By Order,
(Signed) FREDERICK W. A. BRUCE,
Colonial Secretary.
Victoria, Hongkong,
22nd August, 1844."
Chinese It would appear that from an early period of the Colony,
custom of
bamboo- owing to the insecurity of property and the inefficiency of the
striking. police, it had been found necessary by the principal inhabit-
* Graduated at Trinity College, Dublin ; entered King's Inn, Dublin, and Gray's Inn,
London ; called to the Irish Bar, Michaelmas Term, 1829,
PRIVATE WATCHMEN AND BAMBOO - STRIKING . 57
Chap. II.
ants to employ private watchmen. These watchmen, by a -
custom which was said to be universal in China , in going 1844.
their rounds, used to beat two pieces of bamboo on purpose to in-
form their employer that they were awake and watchful. It was
alleged that without " this evidence there was a continual dread,
and the man who, in this exhausting climate, had been busily
employed during the day, could not rest in quiet during the
night, from fear that the watchman was asleep and robbers
cutting through the walls of his house." The offender in
relation to the stoppage of these " bamboo - strikings at
night would appear to have been the General Commanding the
Forces , Major- General D'Aguilar. His residence is said to have
been situated in a part of the town where there were many pri-
vate watchmen , and the sound of the bamboo - beating was offensive
to his ear " sleep, sweet sleep , was banished from the warrior's
pillow. " The comments, continuing, said " that because an
elderly gentleman conld not sleep soundly, with the bamboo
sounding in his ear, the thousands of treasure and goods in the
godowns, stores, and houses of the inhabitants, would be laid
open to the depredations of robbers, from whom the parental
Governors would not protect the people , nor allow them to
protect themselves. An Order of Council had been published ,
prohibiting the beating of bamboos -the General may quietly
sleep-but uneasy rest the poor wights who have dollars in
the money chest . " Such were said to be the motives for this
“ extraordinary act " ! The carrying of the order into effect
was, of course, entrusted to the Police, who rightly deprived the
watchmen of their bamboos, but rattles, gongs, and bells were
quickly substituted therefor . As the result of a contraven- Fine imposed
tion of the order, it is recorded that in one case a gentleman Magistrate
delinquent, " after having his premises invaded by a policeman for contra-
who deprived the watchman of his bamboo," was fined five vening the
order against
dollars by the Chief Magistrate . For many a long day the bamboo-
striking.
" bewailments " of the Hongkong people continued regarding Bewailings
the stopping of this " bamboo- beating " at night, and much of Hongkong
amusing correspondence appeared in the papers of the day people in
consequence
upon the subject, but the authorities were obdurate and de- of stoppage
of bamboo-
terinined to put a stop to what after all now-a-days can only striking.
be looked upon in the light of ridiculous nonsense ; especially
any one having the slightest experience of the trickery and
deceit of the natives, and therefore the utter uselessness of any
security that the noises caused by the striking of the bamboos
could have afforded . The authority under which the Order in Ordinance
question was founded was section 1 of Ordinance 5 of 1844 , which No.
s. 15. of 1844,
provided for the punishment of any such nuisance as that which
this bamboo -beating " must really have been. The General,
no doubt, who had himself greatly co- operated in increasing
58 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. II. the vigilance of the night police by granting military aid, apart
1844. probably from his own experience of these private watchmen ,
Major- who in themselves had caused no inconsiderable trouble to the
General
D'Aguilar authorities, had concluded that the sooner they and their bamboos
instrumental
in stopping were got rid of the better for every one, including himself, and
bamboo-
this he finally effected by passing, while Governor " for the
striking.
Ordinance time being," Ordinance No. 17 of 1844, " for better securing the
No. 17 of peace and quiet of the inhabitants of the town of Victoria and
1844.
its vicinity during the night time, " the preamble fully explain-
ing its purport and that " the said nuisance should be sup-
pressed . "
Governor The Governor, Mr. Davis, was now in China , having left by
Davis
inspects the Agincourt with Rear- Admiral Sir Thomas Cochrane, Com-
northern mander of the Naval Forces in China, on the 28th August, on a
ports.
Major- visit of inspection to the northern ports . and Major- General
General D'Aguilar, the General Commanding and Lieutenant- Governor
D'Aguilar
administers of Hongkong, had assumed the administration of the Govern-
Government
pr o tem . ment pending the Governor's return .
Renewed
Complaints were now heard again and indignation expressed
complaints
at non- at the non-opening of the Supreme Court, though both the Chief
opening of Justice and Attorney -General had been in the Colony for some
the Supreme
Court. considerable time. In the absence ofany reason to the contrary,
the public having apparently been kept entirely in the dark.
endless conjectures were formed as to the real reason for not
opening the Court. It was hinted that it did not suit the Gov-
ernment to open the Courts, and that justice would continue to
be doled out by the Magistrate of Police, Major Caine, whose
honourable and active career in arms had but little qualified him
for the Bench in cases where points of law had to be decided ,
and he too now came in for a share of the abuse. There was a
degree of cruelty, it was said, in imposing heavy responsibilities
upon this gentleman now that there were public servants of
the Crown idle in the Colony, though they had been sent out
to fill appointments which they appeared to think merely
nominal , and which could only be estimated when it was
considered in how many instances the Magistrate had laid
himself open to censure by dispensing law which was not
English law, " but Pottinger law, and which was not legal-
ized " (sic ). On the 7th September, it had been generally
expected that amongst the last published Government Noti-
fications, a notice of the immediate opening of the Court
would have appeared . No such notice, however, had appeared.
Again conjectures were formed. It was suggested that per-
haps His Honour the Chief Justice was too much engaged
with legislative duties to attend to judicial matters, or that
the ' secret council ' had greater charms than the open Court,
THE NON - OPENING OF THE SUPREME COURT. 59
and that it was an easier and a more pleasant task to make Chap. II,
laws than to dispense them. Many reasons were assigned for 1844.
the delay. One reason, it was thought was that Mr. Hulme Chief
had left Hulme
his law ( library ) " at the Cape, hearing it would Juice
inconvenience him in Hongkong. Another was that enervated abused in
by the climate, the arduous duties of the Council, and the diffi- consequence,
culties he had encountered in finding a suitable house, he was
already incapable of undergoing the fatigue of the bench, and the
abuse heaped on him finally ended with the assertion " His Ho-
nour had helped himselfto a house, more on the principle that
might makes right, than that of doing as we would be done by."
Still no attention was paid to this ' bewailing of the multitude . ' state
Skit upon
of
The following skit upon the state of affairs consequent upon affairs.
the non-opening of the Supreme Court appeared at the time
under the signature of a humorous writer-" A Modern Confu-
cius ":-
The period having arrived when that great adjunct of civilization , a
Supreme Court, was to be established in the land, it became a matter of
delicate speculation, how the ardent lieges of Victoria were to be restrained
from surfeiting themselves, at this great fount of Law and Justice. After
sundry meetings in Downing street, the expedient was hit upon of sending
out the requisite officers separately, and thus familiarizing the Victorians
to the presence of a portion of them before the arrival of the whole. In
order, however, that the people should have the full benefit of their new
institution, the Home Government considerately sent them out a barrister,
but, in so doing, evinced the same forethought as to the avoidance of display,
by wrapping the learned gentleman up in a Consul's cloak .
The wisdom and prudence exhibited in these proceedings were soon
exhibited in Hongkong.
On the arrival of the Chief Justice,
" he could not stir,
66
But, like a comet, he was wondered at,
"Men would tell their neighbours, that is he ;
་་
"Others would say, where ? has he the Statute Book ?
Such being the state of the public mind on the arrival of one or two
members of the great tribunal, what would it have been had the whole Court
arrived together and defiled before the multitude ? We verily believe the
most extravagant scenes would have ensued . Neighbour would have
assaulted neighbour, from the sheer desire of being tried by his Peers, and
favoured with a bumper of English justice. Even the Poppy Lords of the land,
those mighty noblesse, who , being rich, can appeal to the House of Commons,
could have scarcely preserved their wonted composure. Like the shipwrecked
seaman, whom attachment to rum led to tap the powder barrel with a red
hot iron, they would , one and all, have gained access to the hall of Justice
at any risk. But wisdom
" O'er their wild mood full conquest gained ,
Their noisy watchman's hand restrained ,
Sent their fierce zeal on a homelier cruise,
And stopped the freeman's arm, to aid the freeman's snoose ."
60 HISTORY OF THE LAWS , ETC., OF HONGKONG.
Chap. II. It was a matter for regret that during all this time the
1844. authorities had not taken steps of some sort to remedy a state
Result of
scandalous of affairs which now-a-days would be considered scandalous, or ,
delay in at all events , to let the people know why the Supreme Court had
opening
Supreme not been and could not be opened . In the first place this, so
Court. far as was known , very unnecessary, delay had been the cause of
serious injury to the community. More than one person had
left the Colony in debt, there being reason to believe that , if
willing, they could have liquidated all claims upon them, and yet
their creditors could not stop them . On the 19th August, 1844 ,
Ordinance the Consular Ordinance No. 6 of 1844, " authorizing the execution
No.6 of 1844. of the process of the Supreme Court of Hongkong in certain parts
within the Dominions of the Emperor of China, " was passed
though not published till late in September . The publication
of this Ordinance, it was hoped, was only preparatory to the
opening of the Supreme Court. Indeed , the publication of this
Ordinance, followed shortly after by the publication of Ordi-
Ordinance
No. 15 of nance No. 15 of 1844, ( dated 21st August, 1844 , ) in a Govern-
1844. ment Gazette Extraordinary of 21st September, 1844, " to
establish a Supreme Court of Judicature at longkong" disclosed
in themselves the reason why the Supreme Court until now
had not been opened . Though the Chief Justice and Attorney-
General had arrived in the Colony for some months, it was evident
that the proper machinery, both for the opening of the Court
and as to the law and procedure to be applied, was wanting,
and until this had been duly provided , no Court could pos-
sibly be held and that both the Chief Justice and Attorney-
General had been constantly occupied in the preparation and
passing of the necessary laws for the working of the Court,
and, as experience showed, had in the meantime been unjustly
and unnecessarily abused. The Ordinance establishing the
Supreme Court had been elaborately drawn up, disclosing great
care and ability, and must have demanded great consideration
and attention at the hands of the judicial authorities , for it
contained no less than 137 sections . By section 1 of the
Ordinance, " the Court at Hongkong with criminal and ad-
miralty jurisdiction, which had hitherto been holden by the
Chief Superintendent as hereinbefore mentioned, and which,
it will be remembered , had been but once opened in the Colony,
in March, 1844 , by Sir Henry Pottinger, was declared abolished,
and section 3 enacted that the laws of England should be in full
force, except that in criminal proceedings against the Chinese,
it would, to a certain extent, be lawful to try the offenders by
the laws of China . But this Ordinance did not long remain in
Ordinance force, and in August, 1845 , it was repealed by Ordinance No. 6 of
No. 6 of 1845. that year.
This latter enactment related solely to the establish-
ment of the Supreme Court, and many clauses having reference
THE SUPREME COURT ESTABLISHED, 61
to forms which had a place in its predecessor were now omitted, Chap. II.
as was also the clause granting to the Court vice -admiralty 1814.
jurisdiction and power to punish Chinese according to the laws
of China . In the first Ordinance there were 71 clauses refer-
ring to the Supreme Court , in the second, only 30, the latter
Ordinance being further repealed in part by Ordinance No. 2 Ordinance
No. 2 of 1846.
of 1846 .
62
CHAPTER III .
1844-1846 .
SECTION I.
1844 .
Opening of the Supreme Court. —Admissions to practice. —Attorneys' oaths.-Ordinance
No. 4 of 1869, s. 13. - First Criminal Sessions of the Court.- First criminal case heard.--
Report of the proceedings of the first Criminal Sessions of the Supreme Court.— Mr. Cay,
Registrar, a Commissioner for taking affidavits. — Death of Chief Justice's daughter ;-the
Court adjourns.-Indisposition of Chief Justice.- The Registration Ordinance No. 16 of
1844. Public opposition.--Ordinance included Europeans. - Public meeting. -Opposition of
Europeans and Chinese. -Strike of Chinese labourers. - Meeting of compradores. - Shops
and market close.- Disturbances and arrests.- Memorial to Governor,- Memorial returned
by the Governor.-Committee petition the Legislative Council.--Business stopped. - State
of affairs.- Government Notification. Operation of Ordinance suspended . - Deputation of
Chinese to Governor. - Governor declines to receive petition. -Governor declines further
communication with Committee appointed by public meeting.-Further public meeting.-
Proclamation by Governor that he returned the memorial because couched in improper
language.-Government Notification accusing Englishmen of tampering with the Chinese
in their opposition tothe Ordinance. -Protest of Europeans against the accusation.-British
subjects in Canton address the Governor on the measure.-Conclusion drawn as to the
Ordinance.- Dr. Bowring's motion in House of Commons. - Mr. Hope and Sir G. Staunton
compliment Governor Davis. - Dr. Bowring withdraws his motion. The mistake of the
local Government. -Ordinance No. 18 of 1844.- Less inquisitorial than its predecessor.-
Effect of hasty legislation and opposition by natives to local laws. -Ordinance No. 18 of
1844.-Ordinance No. 7 of 1846. - Lawless characters in the island.--Land.- Government
Proclamation respecting mat-houses and sheds in the Queen's Road.--Triad Secret
Society.--Transportation. - First execution in Hongkong. - Ecclesiastical and other Orders
of Court disallowed by Home Government.- Report of ' Head Constable and Jailer '
respecting the first batch of transported European convicts.--Land. -Balconies and
verandahs.-Lord Stanley's Despatch regarding land sales and Crown leases. - Second Cri-
minal Sessions of the Supreme Court.-The year 1844. Improvement in judicial affairs.
General review.
SECTION II.
1845 .
The Census and Registration Office. Ordinance No. 18 of 1844.- Ordinance No. 7 of 1846.--
Ordinance No. 1 of 1845. -Triad and other Secret Societies. -Branding.-Ordinance No.
12 of 1845.-Summary Jurisdiction of the Supreme Court. - Probate and Administration.
-Admission of W. H. Goddard and W. Tarrant as Attorneys.--Ordinance No. 15 of 1844,
8. 10.--Ordinance No. 6 of 1845, s. 11.- Auction duty. Ordinance No. 21 of 1844.- Pro-
fessional men advertising in Hongkong.-Jurisdiction exercised by H. M.'s Consuls.--
Ordinance No. 7 of 1844.- Expenditure of Colony. - Parliamentary Vote.- Judicial
Expenditure.-Chinese prisoners sentenced to death commit suicide.--Arrival of Mr.
Charles May, Superintendent of Police with two Inspectors. - Ordinance No. 12 of 1844.-
Captain Bruce relinquishes Police duty. - Inspectors Smithers and McGregor.- Extraor
dinary conduct of Lieutenant McDonald towards Major Caine as Sheriff.-Action against
Lieutenant Mc Donald.- Writ issued against him.-Lieutenant McDonald orders the
arrest of the Bailiff by a military guard. -He writes an insulting letter to Major Caine,
Sheriff, and offers to fight him in a duel. - He is Court-martialled and punished.—
Captain Jeffery reprimanded . - Major-General D'Aguilar's minute, and on duelling.-Rule
of Court providing for service of process on military oflicers by other than a soldier, dis-
allowed.-Lieutenant Pedder, Harbour- Master and Marine Magistrate, takes leave.--
Changes in consequence.- Mr. S. Fearon.— Mr. A. Lena.- Levée by the Queen, Distin-
guished officials from China presented. Chuck-chu ' and ' Shuckpai-wan ' called ' Stan-
ley ' and ' Aberdeen ' .--- Capture of pirates by Mr. Lena. -Serious attack upon Chinese
ANALYSIS OF SECTIONS. 63
Police at West Point.-- Shops and houses closed. - Flogging of prisoners. -Public opinion.
-Prostitutes and charges of extortion against Police. -The Lock Hospital and the Chief
Magistrate.-Major Caine slandered .-- Mr. Shortrede, editor of the China Mail. -Apology
to Major Caine.- Constitution of Legislative Council again discussed. —When unofficial
members first admitted to the Legislative Council . -The Supreme Court and the Chief
Justice. -Ordinance No. 15 of 1844, ss. 25 , 27. — Ordinance No. 9 of 1845. -Chinese Advo-
cates and the employment of educated Chinese in the administration of justice.--Chinese
interpretation. — Resignation of Mr. Farncomb as Coroner. -The reason.- Mr. Hillier
succeeds Mr. Farncomb.--April Criminal Sessions .-- Mr. Shelley acts as Hindus.
tani interpreter. - Mr. D. R. Caldwell, Chinese interpreter.- Mr. McSwyney, Deputy
Registrar, resigns to practise.- Mr. F. Smith succeeds Mr. McSwyney. - Free pardon to
prisoners on Queen's Birthday.--Admiral Cochrane's action against the editor of the
Friend of China, Mr. Carr, for libel.- Mr. Carr is acquitted.--Action of the Government
in the matter disapproved of.--Mr. Carr's expenses defrayed by subscription.- Rustomjee
and Co. r. Macvicar and Co.-June Criminal Sessions --Conviction of Private McHugh
for causing death of a comrade.--Henry Daniel Sinclair transported for life for piracy-
Chun Afoon sentenced to death for a murderous attack at East Point.-- Decrease of such
crimes.--Conviction of Ingwood , of H.M.S. Driver, for murder.-- Execution of Ingwood.-
Ingwood is hanged together with Chun Afoon.- Ingwood the first European hanged in
Hongkong.-Ingwood's crime. - The law of England as to murder. -Assessed rate on lands
and houses for maintenance of Police Force. -Ordinance No. 2 of 1845.- The opinion
of the Law Officers of the Crown.- Landlord and tenant.-Public dissatisfaction.-
Constitution of Legislature attacked -Memorial to Lord Stanley.- Mr. Bruce, Colonial
Secretary, goes on leave. - Major Caine, Acting Colonial Secretary, Mr. Hillier, Acting
Sheriff and Police Magistrate. -Lieutenant Armstrong, acting Assistant Magistrate.-
Mr. S. Fearon, Registrar-General goes onleave. Changes. - Mr. A. L. Inglis.-- Mr. Hillier. —
Mr. W. H. Leggett.-Major-General D'Aguilar causes prosecution and conviction of a
Mr. Welch for having music ' in his house. Episodes in the case.- How Mr. Welch
treated General D'Aguilar's emissary.-He is prosecuted. Case tried by Lieutenant
Armstrong. Mr. Welch fined for ' threatening ' Sergeant Atkins.-- Public comments on
the whole matter. -Governor Davis made a Baronet.- Mr. Hillier, acting Sheriff , refuses
access to prisoners in debtor's gaol. -Comparison between Hongkong and Chusan. The
Bombay Gentleman's Gazette.- Early History of Hongkong.- Lawless population. — Mr.
Holdforth, Coroner.-Death of Mr. Leggett. -Chinese Agents violate sovereignty of
Hongkong.-They are convicted .-Government Notification as to such Agents. - Ordinance
No. 11 of 1845.-Ordinance No. 19 of 1844.- Ordinance No. 10 of 1845. - Act 10 and
11 Vict., c. 83.- First Appeal Case against Magistrate's decision : Christopher v. Arms-
trong.-Ordinance No. 1 of 1844. - Rule made absolute.- Costs refused against the
Magistrate.-Mr. Hillier takes short leave. Lieutenant Armstrong acts.-Mr. A. L. Inglis,
Assistant Magistrate.-- December Criminal Sessions. Trivial cases committed by the
Magistrate.--A Chinaman sentenced to death. His accomplice is arrested in 1848 and
convicted. Judicial events of 1845.- Resumé.
SECTION III .
1846 .
Coroner's Inquest.-- Suicide amongst Chinese - Piracy.-The Police. -The Indian
night Folice.- Lighting of the streets. - Public opinion of European portion of Police
Force.-Justices of the Peace.- Mr. Shelley audits the Registrar's accounts. - Mr. C.
Markwick, Appraiser and Auctioneer of the Court, in place of Mr. Newman.-- Mr. S. T.
Fearon gazetted Registrar-General and Collector of Chinese Revenue for Hongkong.-
Land. Verandahs.-Mr. Holdforth, Deputy Sheriff.-- Return of Lieutenant Pedder.-
Messrs. Farncomb and Goddard in partnership.- Flogging in Hongkong. - Disgusting
exhibitions of flogging. - Wholesale flogging objected to. -54 Chinese flogged and their
' tails ' cut off on pretext of having no registration ticket .- They are afterwards handed
over to mandarins at Kowloon. -The origin of the offence for which they were flogged.-
Difficulty of identification. - Case brought before Parliament. -Registration Ordinance a
failure. The surrender of men under the Ordinance to Chinese authorities decmed a
disgrace. No community of feeling between English and Chinese Magistrates. - Strong
local comments upon the flogging case. - Ordinance No. 1 of 1845. - State of crime at this
stage.-Sentences of flogging deemed excessive and unnecessary.--Lieutenant Thomas
Wade appointed Chinese interpreter of the Supreme Court. - Duties of the Marine Magis-
trate. -Europeans and Lascars. - The Chinese. -Mr. Lena and the suppression of piracy.—-
Day robbery at West Point. - Escapes from Gaol The Chief Magistrate, the Gaol, and
the Police. His heavy duties.--Appeals to the Privy Council. - Letters l'atent. Commis-
sioners to hold Admiralty Jurisdiction. - Court with Admiralty Jurisdiction.---Governor
Davis. Vice- Admiral of the Island. - Chief Justice Hulme, Judge of the Vice-Admiralty
Court. - May Criminal Sessions.-Ching Afat. Sentence of death for murder.- Piracy
case discharged. Features of the case. - Difficulty in recognizing Chinese features.-
Substitution of prisoners. - European policeman conniving at escape of prisoner acquitted.--
Collusion between prisoners and Police as Prison guards. - Prosecution of a Mr. Wise.
64 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
man at instance of General D'Aguilar for alleged ' furious riding.' General D'Aguilar and
public comments. - Subservient Magistracy.-- General D'Aguilar considered eccentric.—
Frequent murders amongst Chinese.--The gallows no terror.- Execution of Ching Afat.
His resistance on the scaffold. - Death by hanging regarded as ignominious by
Chinese. Mr. P. C. McSwyney. Coroner. - Daring piratical attack on the Privateer
opium ship. - Conviction of the notorious pirate Chun Teen Soong.- His indifference on
the scaffold. - Confesses to nine acts of piracy and murder. - Departure of Mr. Bruce,
Colonial Secretary. -Changes in consequence. - Mr. Bruce appointed Lieutenant.-
Governor of Newfoundland.--Arrival of Mr. N. D'Esterre Parker, solicitor.—
He advertizes himself.--Action against Captain Coates of the Bomanjce Hormusjer for
damages. Influence of Acqui, Opium Farmer -Plaintiffs previously tried for piracy.---
They seek compensation for illegal detention on acquittal. - Chief Justice marks his indig
nation by awarding 50 cents damages. -Comments upon the law on the subject and public
sympathy with Captain Coates.-Departure of Governor Davis to Chusan. General
D'Aguilar assumes charge.--Chusan restored to China.- Governor's Proclamation and
warning as to Chusan. - Important Divorce Suit : Matthyssons v . Matthyssons. - Mr. A.
W. Elmslie, Secretary to Sir H. Pottinger.-- Mr. G. T. Braine.--Chinese oaths.- Kiss '
in Chinese. Matthyssons' Divorce Bill read a second time.--Complaints against European
Police.-Extortion .--The Chief Magistrate again as Head of the Police. His interference
with Mr. May, the Superintendent.-Charges levelled at the Police.- Escape of con-
victs Sinclair, Ross, and Walker. They give themselves up after ill-treatment by Chinese.—
Coroner's inquest upon body of a Chinese prostitute. -Abandonment of inmate of
brothel on becoming diseased.-- Object in view. -Extraordinary verdict of the Jury in the
case.--Facts of the case. - Death of deceased premeditated.--Curious admonition of
Coroner. -The keeper of the brothel was guilty of murder.--Such atrocities common
among the Chinese.--The keeper fined for ' exposing ' the girl.- Incapacity of judicial
officers. Incompetency of Coroner McSwyney. The Duncan-Jenkins affair.--Mr. R.
Rutherford, Appraiser of the Supreme Court. -Flogging.--Dr. Bowring moves House of
Commons about case of the 54 men flogged.--Flogging less resorted to.--Unofficial mem-
bers of the Legislative Council desired. -Comments upon the Magistracy.--Honorary
Justices.--Comments upon Major Caine as a Magistrate. - Comments upon Mr. Hillier,
Assistant Magistrate.--No legal training.- His previous career.-- Uncharitable remarks.-
Cases of partiality and subserviency of the Magistracy.--No impartiality.--Crime.-
Government rewards.- Sepoys attacked. -Action of the Executive in the case of the
Portuguese Marçal charged with fraud.--The case of the Portuguese d'Assis, Pacheco, and
de Mello in collusion with Marçal. - They escape to Hongkong and Canton.--The Governor
of Macao asks for surrender of d'Assis and Pacheco.--- Mr . Hillier under instructions, without
anytreaty, issues warrant.--Arrest of the Portuguese and appearance before the Magistrate.-
Their solicitor objects.-- Mr. Hillier says he will consult the Governor.--The same even-
ing they are shipped off to Macao. — Indignation in Hongkong.--- Acquittal of the prisoners
in Macao.--They sue Mr. Hillier for damages. -Action laid at $25,000.—Transportation of
convicts to Singapore and Bombay. - Major Caine, acting Colonial Secretary, gazetted a
member of the Legislative Council . - Departure of Mr. Sterling, Attorney-Genera ' , on leave.—
His career in Hongkong. -Flogging not a deterrent against crime in Hongkong. Instance
quoted. -Cutting of ' tails '.- Confirmation of news of the appointment of Mr. Bruce to
Newfoundland.- Ordinance No. 6 of 1846 , for regulation of proceedings in the Supreme
Court during absence of Mr. Sterling.- Mr. N. D'E . Parker, Crown Prosecutor.— Messrs.
R. Coley and W. Gaskell in partnership.--Inefficiency of the Magistracy. The Duncan-
Jenkins episode. Extraordinary conduct of Mr. Hillier, acting Police Magistrate, and of
Mr. McSwyney, Coroner. -Verdict of manslaughter against Duncan and Jenkins.— Tables
turned on Mr. McSwyney. - Irregularities at inquest conducted by Mr. McSwyney.--The
ChiefJustice takes Mr. McSwyney to task.- Result of oflicial incapacity. Innocent men
flogged and imprisoned .— Mr. Hillier before the Chief Justice. —Public opinion of Mr.
Hillier. The abuse of the power of flogging. -A legally qualified Chief Magistrate
desired . - November Criminal Sessions. Paltry cases committed. Magistrate censured.—
Warrants of commitment sealed but not signed . —Chief Justice's opinion . - Ordinance No.
6 of 1846. - Loose manner in which evidence taken - Colonial Secretaryship and Auditor-
Generalship amalgamated .-- Major Caine appointed acting Colonial Secretary and
Auditor-General. - His promotion well merited. His past career reviewed . - Fees on
the insolvency side of the Court. - Ordinance No. 3 of 1846. - Transportation of convicts
to Singapore and Bombay. - Convicts taken to Scinde.- Mr. McSwyney removed from the
Coronership. Mr. N. D'E . Parker succeeds him.
Chap. -
III § I. As now constituted , the judiciary was complete, and on Tues-
Opening of day, the 1st October, 1844 , the Supreme Court was formally
the Supreme opened with the ceremonies and solemnity consistent with such
Court.
occasions, in the presence of a large crowd of both Europeans
and natives , the Chief Justice taking his seat on the bench
punctually at ten o'clock. There were present in Court the
OPENING OF THE SUPREME COURT . 65
Colonial Secretary, the Attorney - General , the Police Magistrate, Chap. III § I.
Mr. Cay, the Registrar, Mr. Smith ( previously clerk to Mr. 1844.
Burgass) , Clerk of the Court, Mr. Henry Charles Sirr, barrister-
at-law, Mr. Edward Farncomb, solicitor , besides several other
officers of the Government and some of the leading residents of
the Colony. After the Registrar, Mr. Robert Dundas Cay,
had read the several documents relating to the constitution and
opening of the Court, the Court adjourned to the 2nd at 10
o'clock . Before adjourning, the Chief Justice admitted to Admissions
practice Mr. Edward Farncomb, an English solicitor who had to practice.
previously been in practice in the Colony, as an attorney,
and Mr. Paul Ivy Sterling, the Attorney-General, and Mr. H.
C. Sirr, barrister-at-law, as barristers of the Court. The
attorneys were required to take the oaths of allegiance, good Attorneys'
behaviour, supremacy, and abjuration, which they duly subscribed oaths.
to. This system lasted until the passing of Ordinance No. 4 Ordinance
No. 4 of
of 1869, relating to " Promissory Oaths, " on the 24th September, 1869, s. 13.
1869, when by section 13 of that Ordinance the oath of alle-
giance was alone substituted for the oaths of allegiance,
supremacy, and abjuration . On the 2nd October, the Criminal First
Sessions began punctually at ten o'clock, presided over by the Criminalof
Sessions
Chief Justice, the Attorney - General prosecuting on behalf of the Court.
the Crown. Except for the " Criminal and Admiralty Court "
presided over by Sir Henry Pottinger under the old law,
this was the first time a regularly constituted Criminal Court
for trial by jury, had sat in China . The first case tried was one First
of abduction . The prisoners, husband and wife , through false criminal
case heard.
pretences, had induced two young women to enter their boat .
After they had embarked , they were bound and carried up the
Canton River, and there sold for ninety dollars each. Their
friends in Hongkong, hearing of this, went to Canton and paid
$220 for their ransom . After their return, the prisoners also
came back, when they were apprehended by the Police . The
prisoners were each sentenced to eighteen months' imprisonment,
the male prisoner to be kept at hard labour and " exposed in
the market- place once a month ." A report of the proceedings Report of the
on this, the first occasion that the Court sat on its criminal proceedings
of the first
side, mentions that "the business of the Court was carried on Criminal
with that decorum which ever characterises a British Court Sessions of
the Supreme
of Justice. There was no opportunity for any display of Court.
eloquence, and with very good taste none was attempted , either
by the Chief Justice or Attorney- General. His Honour
read over the evidence to the Jury, who could not do other-
wise than return a verdict of guilty. It was with much
pleasure that the Attorney - General was heard explaining
that the English laws were not laws of vengeance, but were
intended to protect the innocent by the punishment of guilt,
66 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. III § 1. not to punish guilt by mere vindictive feelings. Now that the
1844. laws were in active operation , and a few severe examples were
likely to be made, the Chinese would hold them in greater
Mr. Cay, regard than heretofore, and crime would decrease. " By docu-
Registrar, a ment under his hand, the Chief Justice, on the 5th October,
Commis-
sioner for appointed Mr. R. D. Cay, the Registrar, to be a Commissioner
taking for taking affidavits. Shortly after the opening of the Cri-
affidavits.
minal Sessions, the Court had to adjourn , the Chief Justice
Death of meeting with a severe domestic calamity by the death of his
Chief
Justice's daughter. After adjourning for a week, the Court again ad-
daughter; journed to a later date owing to the indisposition of Mr. Hulme.
the Court
adjourns. On the 21st August, 1844, the Legislature had passed Ordi-
Indisposition
of Chief nance No. 16 of 1844 " for establishing a Registry of the Inhab-
Justice. itants of the Island of Hongkong and its Dependencies ." As
The
Registration its preamble denoted, it was passed in order to " secure tran-
Ordinance quillity and good order in the Colony, and to prevent the resort
No. 16 of 1844. thereto of abandoned characters , and of persons without any
Public
opposition. ostensible means of subsistence." Taken in conjunction with
previous steps relating to this subject, the Ordinance was well
meant and perfectly justifiable under the circumstances . In its
drafting it denoted considerable forethought, and showed that
the Government was in earnest in endeavouring to do everything
in its power to stamp out crime. But unfortunately, though
well meant, and aiming principally at the Chinese inhabitants,
Ordinance it was too general in its terms and included every European
included
Europeans. resident in the Colony, and no surprise need therefore be evinced
at the storm of indignation which it occasioned . The condition
of the island made such a measure almost indispensable, but it
went too far in its requirements that every merchant, and others
duly specified , should take out a registration ticket for which a
fee of five dollars was payable. "We were somewhat startled
on a first perusal of this Ordinance, " says a local print of the
time, " to perceive that it included the entire population of the
island, and had we a voice in the matter, we would certainly
object stoutly to being included in the Registry. A white face
should certainly be a sufficient passport in any British Colony,
and in point of fact, with the exception of Hongkong, we know
of no British Colony where a passport is necessary, but we must
bear in remembrance that Hongkong is an anomaly in colonial
history, and that we must not seek elsewhere for precedents for
measures which here are unavoidable ............... but we must
assert that it will be with feelings of humiliation , we will pay
our five dollars to the Registrar-General for a bit of paper
Public
descriptive of our appearance, etc. " Accordingly, an indignation
meeting.
public meeting was held on the 28th October, shortly after the
Ordinance had been published, to petition His Excellency the
Governor and the members of the Legislative Council against
OPPOSITION TO THE REGISTRATION ORDINANCE. 67
the Ordinance as being arbitrary and unconstitutional. The in- Chap. III § I.
-
cluding of all Europeans, and the making it compulsory for them 1844.
to take out a registration ticket, prima facie made the measure
objectionable, especially so to British subjects in a British Colony,
but there can be no doubt that the end the Government had in
view, with an eye to the future especially, was to include every
bad character now or afterwards to be found in Hongkong,
though the declared intent of the Ordinance was to protect the
Colony from the outrages of disreputable Chinese. This opposi- Opposition
tion of the better classes to the enactinent led on the Chinese to of Europeans
and
do likewise, and they very soon began to show their intention Chinese.
of bodily refusing to comply with its terms. On the 31st Strike of
Chinese
October, the day before the Ordinance came into operation, labourers.
the Chinese labourers employed by the Government, as well as
those employed by private individuals, struck, and works of all
description were for the time stopped. A meeting of compra- Meeting of
compra-
dores was held on the same day and they resolved to leave the dores.
island, and on the 1st November, the day on which the Ordinance
came into operation, all the shops and the market were closed , Shops and
people ceasing to bring in provisions . Disturbances occurred market close.
Disturbances
during the day. One party refused to carry down provisions to and arrests.
the barracks or commissariat, and some of the culprits being ar-
rested and flogged. On the 28th October , as the result of the Memorial to
meeting alluded to, a Committee was appointed and a memorial Governor.
embodying certain resolutions drawn up for presentation to the
Governor, who afterwards intimated his willingness to receive
the deputation on the 30th. On the same day the memorial was Memorial
duly returned, the Governor deeming the language in which it the returned by
was termed objectionable. After further correspondence, the Governor.
Committee
Committee petitioned the Legislative Council, -which really petition the
meant the Government, for the Council consisted up to this time Legislative
Council.
entirely of officials , -requesting that steps might be taken to
suppress the agitation which existed amongst all classes in con-
sequence of the publication of the Ordinance. All business was Business
completely suspended, no boats could be procured for discharg- stopped.
ing or loading the numerous vessels lying in the harbour, affairs.
communication with Canton was entirely stopped, and no pro-
visions were brought in. The Government, evidently fearing Government
further disturbances, caused the following notification to be Notification.
Operation of
published, suspending the operation of the Ordinance, which Ordinance
notification, however, though dated the 31st October, did not suspended.
appear till the 2nd November :-
GOVERNMENT NOTIFICATION.
The Government, having with ease suppressed the only seditious riot that
has occurred with reference to the Registration Ordinance, and secured
the offenders, is now ready to attend to any respectful as well as peaceable
representations on the subject of the said Ordinance.
68 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap . III § I. With this view its operation is for the present suspended and the Govern-
1844. ment will always be prepared on this as on every other occasion, to modify
or even abrogate its enactments in consideration of reasonable and proper
representations, though seditious movements must be met with the severity
they merit.
By Order,
ADOLPHUS E. SHELLEY,
Clerk of Councils.
Council Chamber,
Deputation Victoria, Hongkong, 31st October, 1844.
of Chinese to
Governor.
Governor A deputation of Chinese also presented a petition to the
declines to Governor on the 1st November, relative to the Ordinance, but
receive
petition. he declined to receive it until the shops had re -opened and
Governor the people returned to their work. On the 2nd, the Governor
declines caused the Committee to be informed that all further communi-
further
communica cations must cease between the Government and themselves
tion with
Committee owing to their unbecoming persistance in the expression of
appointed their opinions in disrespectful language, however veiled by
by public their disavowal of intentional disrespect to himself and Council.
meeting.
Further A public meeting was held on the same day to consider the
public correspondence that had passed between the Committee and the
meeting.
Proclamation Governor-in- Council . A proclamation issued to the public by
by Governor the Governor stated that a memorial, presumably the one
that he
returned the previously mentioned, worded in improper and disrespectful
memorial language, had been returned to the memorialists and notice given
because
couched in that memorials or petitions properly and respectfully worded
improper would be received by the Governor and full consideration given
language. to them . In consequence of a Government Notification, dated the
Government
Notification 2nd November, accusing certain Englishmen of tampering with
accusing the Chinese in their movement with respect to the Registration
Englishmen
of tampering Ordinance, opportunity was taken by the European inhabitants
with the Chi-
nese in their at once to publicly repudiate "in the strongest terms the
opposition unmerited accusation against the British community." On the
to the
Ordinance. 6th November, the British subjects in Canton also addressed
Protest of the Governor regarding the measure in question, who caused
Europeans them to be informed that documents of the kind should be
against the
accusation. transmitted through the Consul . That this Registration
British Ordinance was the result of the many praiseworthy endeavours
subjects in the Government had made, from time to time, to prevent the
Canton
address the resort hereto of bad characters in the general belief that a system
Governor
the on.
measure of registration was probably about the best method to be
Conclusion employed in checking crime, there could be no doubt, and in
drawn as this the Home Government concurred, though agreeing that
to the
Ordinance. probably the present Ordinance was rather too inquisitorial in
Dr. Bowring's character. On the 26th February, 1845, Dr. Bowring moved
motion in in the House of Commons for a copy of the correspondence
House of
Commons. which had been received from Hongkong relative to the Ordi-
THE REGISTRATION AND CENSUS ORDINANCE . 69
nance and the subsequent withdrawal thereof, but he was refused Chap . ----
III § I.
a copy, Governor Davis not then having reported his reasons 1844.
for abrogating his own act. Some regulation of this kind was
considered necessary, though one less inquisitorial in character
than that referred to . Mr. G. W. Hope and Sir George Staunton Mr. Hope
both complimented Governor Davis on his former services in and Sir G.
Staunton
China, and therefore thought that, in the absence of informa- compliment
tion on the subject, Mr. Davis was entitled to credit for Governor
Davis.
believing that such a regulation was necessary. Dr. Bowring, in Dr. Bowring
withdrawing his motion, intimated his intention to bring it withdraws
his motion.
forward on a future occasion . The great mistake the local
Government, however, had committed consisted in publishing the The mistake
of the local
Ordinance , the requirements of which were previously quite Government .
unknown, only a few days before its coming into operation ,
and it was no wonder that the resentment and agitation
which arose reached even to England . Whether the matter ever
came up again before Parliament or not, the records do not
show, but probably not, as the local legislature not long after
passed Ordinance No. 18 of 1844 , by date the 13th November, Ordinance
No. 18 of
1844, the effect of which was "to establish a registry and census 1844.
of the inhabitants of the island of Hongkong." Although this
Ordinance had the same object in view as the one it repealed , Less
inquisitorial
it was less inquisitorial , and, moreover, did away with the than its
obnoxious fee which, as regards the Chinese, was probably the predecessor.
principal reason why they had opposed it. But, as a local Effect of
paper remarked , not unnaturally perhaps , such hasty legislation legislation
wherein the public had had no voice whatever nor had ever been and
consulted, to a certain extent " lowered the English character opposition
by natives
in the estimation of the Chinese. They might on some future to local
laws.
occasion attempt to starve their rulers into a compliance with
their wishes, and it would require some wholesome discipline to
convince them that the Government is not always to be inti-
midated." Thus ended a matter which had caused no end of
discussion and a great commotion in the Colony, showing
the public spirit with which the people were animated
even at this early period of its history. Ordinance No. 18 of Ordinance
No. 18 of
1844 continued in force as late as the 31st December , 1846 , 1844.
when Ordinance No. 7 of that year, in effect, the same as its Ordinance
No. 7 of
predecessor, passed the Legislative Council. 1846.
In October , 1844 , the Government appeared quite in earnest to Lawless
do everything in its power to rid the place of the lawless characters
in the
characters that infested the island. A large number of Chinese island.
had, moreover, come to Hongkong and taken possession of land Land.
in different localities for erecting their dwellings and carrying
on their business , without any grant or permission . To check Government
this, by a proclamation published on the 21st October, it was proclamation
70 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap . III § I. announced that the pulling down of the mat-houses and sheds
1844. and, in some cases, even wooden houses which had been built
respecting upon the Queen's Road and at divers places along the coast
mat-houses
and sheds of the island, without authority or the payment of any rent, and
in the
Queen's which there was every reason to believe gave shelter to thieves ,
Road. had been determined upon and warning was given accordingly.
The following was the proclamation which was translated into
Chinese and circulated throughout the island : -
GOVERNMENT PROCLAMATION.
"Whereas a great number of Chinese and others have, without permission,
and in direct opposition to law and custom, settled themselves upon the
Queen's Road and at divers places along the coast of this island, and have
there erected mat-houses, and in some instances even wooden houses ,
wherein they live and carry on business without paying any rent to the
Crown for the land so occupied :
" This is to give notice, that the Surveyor- General of this Colony has
received my commands to give the aforesaid persons notice to remove
themselves and structures within a reasonable time and at his discretion, and ,
in default of their doing so, to eject them and remove their mat-sheds and
other structures .
" This proclamation to be translated into Chinese and circulated throughout
the island.
" God save the Queen .
(Signed) J. F. DAVIS,
Governor, etc."
Victoria, Hongkong, 21st October, 1844.
Triad Secret The records disclose a raid by the Police on the 31st October,
Society. upon a secret association of Triad which had exercised evil
influence over the Chinese in the Colony. A body of Police
captured 17 members of the society, who made desperate efforts
to get away. These societies had already been the source of
much trouble to the Government, their existence leaving no
doubt as far back as July, 1842 , and stringent legislation in
regard to them now seemed inevitable.
Transporta- On the 31st October, Government advertized for a passage to
tion. Norfolk Island or Van Diemen's Land ( under the Order of
March and June, 1844, before alluded to, but in ignorance
evidently that the same had been rescinded as before stated ) ,
First for nine convicts sentenced to transportation thither at the last
execution in Criminal Sessions . A native camp follower, who had also then
Hongkong.
been sentenced to death for the murder of a European Sergeant at
Chuck-chu, was executed on Monday morning, the 4th Novem-
ber, 1844, having previously embraced Christianity through the
efforts ofthe Roman Catholic priest who had attended him. This
Ecclesiastical was the first execution recorded in Hongkong.
and other
The Supreme Court passed some important rules dealing with
LAND. 71
its ecclesiastical jurisdiction on the 11th November, but these, Chap. 111 § 1.
with subsequent Orders, were disallowed by the Home Govern- 1844.
ment, intimation to that effect being given on the 26th March, of Orders
Court
1847 . disallowed
According to a report by Sergeant James Collins, styled by Home
Government.
"Head Constable and Jailer," dated the 15th November, 1844 ,
Report of
ten prisoners were transported beyond sea on the 12th of that Head
66
month . These criminals, " says the report, " were taken from Constable
and Jailer'
gaol on the morning of the 12th November and put on board a respecting
the first
vessel lying in the harbour, which soon after got under way batch of
and proceeded to sea , destined to New South Wales. They were transported
Their European
all supplied with Christian books -bibles and tracts. Their convicts.
accommodations on board ship were very good , and the room in
which they were confined was light and airy and sufficiently
spacious. The prisoners were presumably Europeans , although
no mention is made of that fact.
At this time it was found that the lot-holders had encroached Land,
Balconies and
on Crown land, and on the space set apart for streets , by build- verandahs.
ing balconies and verandahs outside the limits of their lots.
The removal of these buildings was directed by the Governor,
and the following Government Notification of the 19th Novem-
ber, 1844 , to that effect was published : -
GOVERNMENT NOTIFICATION .
" As it has come to the knowledge of His Excellency the Governor, that
persons have encroached on the property of the Crown, and on the space set
apart for streets, by erecting buildings and constructing balconies and
verandahs, extending beyond the limits of the lots held by them on lease,
His Excellency has given instructions to have the encroachments removed ;
and warns all persons, that no permission will in future be granted to any
one to exceed the boundaries of his lot, on any pretence whatever.
" By Order,
(Signed ) FREDERICK W. A. BRUCE ,
Colonial Secretary.
Victoria, Hongkong, 19th November, 1844.
In this year discussions took place with regard to the grant- Lord
Stanley's
ing of Crown lands on lease for the short term of 75 years, Despatch
instead of by grant in perpetuity, and great dissatisfaction regarding
land sale
was expressed by the lot-holders at the terms imposed upon and Crown
them. The matter was brought before the Secretary of State , leases.
Lord Stanley, who, in a despatch dated the 19th November, 1844,
and addressed to Governor Davis , reviewed the question of land
sales and the Crown leases to be granted , as follows :-
"Adverting now to the discussion which has taken place in regard to the
period for which the lands have been assigned upon lease, instead of being
granted in perpetuity, I must observe, that the subject does not admit of any
claim of right. Neither Captain Elliot nor Mr. Johnston were armed with
any authority to dispose of the public lands, and it was expressly announced
72 HISTORY OF THE LAWS , ETC. , OF Hongkong .
Chap. - III § I. by the former officer, under whom the principal sales took place, that they
1844. must be subject to Her Majesty's pleasure. But it has, of course, been the
wish of Her Majesty's Government to deal with the holders of these lands
equitably ; and the only question is, whether the leases that have been
decided on, sufficiently effect this object ? It is at least some presumption in
their favour that without concert the same view should have been adopted at
nearly the same moment by myself in this country, and by a board of officers
in Hongkong ; and Sir H. Pottinger has pointed out, in his answer to the
gentlemen who wrote to him on the subject , that at the recent public sales
higher rates had been voluntarily given than they were called upon to pay.
They have answered, indeed , that the sales were of a fictitious and specula-
tive character, and could afford no real test of value . Nevertheless , it would
be difficult, as Sir H. Pottinger has observed, to apply any better test of
value than sale in a fair and open market.
Under these circumstances, after fully reconsidering the matter as brought
under my notice in these despatches , I continue to adhere to the decision
expressed in my despatch of the 3rd January last , that the leases of town
and suburban lots for building purposes should not exceed 75 years, subject,
of course, to the discretion of the Government to grant renewals from time
to time. The reports which I have recently received from you sufficiently
show that the terms fixed for the disposal of land in Hongkong have been
no discouragement to building speculations, nor to the purchase of land at
high rents.
Having thus decided on the more important and general question raised
by these despatches, it is necessary that I should advert to a minor point
brought under my consideration by Sir H. Pottinger's despatch, No. 3 of
22nd January last. In that despatch is enclosed a statement of fees to be
taken in the Land Office, which had been approved by the Council and him-
self. To the last three items in this schedule I do not object, but the first
three charges appear to me excessive . They are as follows :-
Preparing any lease or grant 10 per cent . on the amount of annual rental.
Affixing public seal thereto 5 39 29
Registering any assignment, I 5 "
mortgage, or other alienation J
In the first place, the principle of an ad valorem fee, where the amount of
trouble must be the same in every case, appears to me erroneous, and calcu-
lated unnecessarily to impose a disadvantage on large purchasers ; and in the
next place, the rate of these fees, considering the amount of the rents which
have been realized, seems to be excessive.
The rental disposed of is stated by Sir H. Pottinger at £ 15,000 per
annum, and the two first of the above fees constituting a charge of 15 per
cent., it would follow, assuming Sir H. Pottinger's calculation to be correct,
that the public must have been called upon to pay £2,250 to the Land Office
for fees upon transactions not very numerous in themselves, and which so
exactly resembled each other as to entail no additional exertion or respon-
sibility. I am of opinion that the principle of an ad valorem fee should be
at once abandoned , and that the Attorney-General should be called upon to
prepare a standing form to be in future used in such transactions ; and that
having received from Government, once for all, a suitable remuneration for
his trouble in preparing that form, no further charge should be made against
the public on this account. For affixing the public seal, and for registering
transfers or mortgages, moderate and certain fees should be established, the
amount of which you will, of course, report for my approval ; but I am dis-
posed to think that they should not, at least for affixing the seal, exceed
five dollars,"
IMPROVEMENT OF JUDICIAL AFFAIRS IN 1844 . 73
The second Criminal Sessions closed on Saturday, the 21st Chap. III § I.
December. Rated in proportion to the population , the calendar 1844.
was heavy, but when the character of the natives is considered, Second Cri-
minal Ses-
it was less than might have been expected at this early stage of sions of the
the settlement of the Colony. Supreme
Court.
The end of 1844 marked a decided improvement in the judi- The year 1844.
cial affairs of Hongkong. The establishment of a night Police, Improvement
in judicial
the comparative security from robbery, and the constitution of affairs.
the Supreme Court formed an era in the judicial history of the review.
General
Colony. The registration question also formed an important
factor in the year's legislation. The astonishment of the public
that such an Ordinance had passed the Legislative Council was
only surpassed by that felt at its ultimate withdrawal through
the opposition of the inhabitants. The Legislature passed no
less than 22 Ordinances during the year, some of them of con-
siderable length and importance, showing the zeal and industry
that distinguished the legal authorities especially, during this
eventful year. The conclusion of war with China belongs to
the transactions of 1843 , but 1844 saw the ratification of the
treaty by which some of the ports of the Celestial Empire were
opened to the commerce of the whole of Europe and America.
Sir Henry Pottinger, to whose judgment and skill this state of
things was owing, received the highest tributes from the trading
towns of Great Britain and Ireland , and the Queen herself con-
ferred upon him certain distinctions in token of her approba-
tion of his conduct.
The Census and Registration Office, created by section 1 of Chap. III § II.
Ordinance No. 18 of 1844 , which, it will be remembered , 1845.
superseded and repealed the obnoxious Ordinance No. 16 of The Census
and Regis-
the same year, opened on the 1st January, 1845 , as directed by tration Oflice.
section 2 of the Ordinance, and the Registrar-General, Mr. Ordinance
No. 18 of
Fearon , was now busily engaged with the arduous duty of 1844.
numbering the native population of the Colony. The possibi-
lity of rendering the system complete and efficacious in checking
the settlement of bad characters was doubted, but as to the
desirability of the measure there could be no doubt. This
Ordinance remained in force until superseded by Ordinance No. Ordinance
7 of 1846 , passed on the last day of that year. The first Ordinance No. 7of 1846,
Ordinance
to pass the Legislature in January, 1845, was that dealing with No.1 of 1845.
Triad and
the suppression of the Triad and other secret societies , which other Secret
were known to exist largely and to be the source of much evil. Societies .
The Ordinance was necessarily severe, branding being provided Branding.
for, and causing much discussion, but in October following,
doubtless upon instructions from Home, an amendment was
effected by which branding was done away with and the Ordi-
74 HISTORY OF THE LAWS , ETC. , OF HONGKONG,
Chap.III § II. nance not made applicable to any secret society other than
1845 . the Triad (Ordinance No. 12 of 1845. )
Ordinance
No. 12 of
1845. Early in 1845 , the Registrar, Mr. Cay, duly notified that
Summary the Court would sit once a month for the trial of cases under
Jurisdiction
of the its summary jurisdiction, the first sitting being fixed for the
Supreme
Court. 13th January. From an early time in the year, all applications
Probate and for probate and administration began to be duly advertized also,
administra
tion. and next of kin warned to appear on the day of hearing and
produce the wills or codicils of those deceased persons who had
left property in the island, or, if there was no such will
or codicil, to accept or refuse letters of administration or
show cause why administration should not be granted to the
Registrar of the Court. These notices were signed by the
Registrar or his deputy, Mr. F. Smith, and the practice thus
established of advertizing, even as to the different sittings of
the Court on its various sides , seems to have lasted for a con-
siderable period.
Admission of The Court on the 13th January, admitted Mr. W. H. Goddard,
W. H. God-
dard and W. an English solicitor, and Mr. W. Tarrant, previously in the
Tarrant as merchant service, as fit and proper persons to appear and act
attorneys. as attorneys ofthe Court. Both these gentlemen were, however,
appointed temporarily under the powers vested in the Court
Ordinance under section 10 of Ordinance No. 15 of 1844, subsequently
No. 15 of
1844, s. 10. disallowed by the Secretary of State, but replaced by Ordinance
Ordinance No. 6 of 1845 , which was passed on the 19th August, 1845 ,
No. 6 of
1845 , s. 11. and which contained substantially the provisions of section 10
mentioned above as reproduced in section 11 of the said last-
mentioned Ordinance. * On Mr. Goddard's application to be
further allowed to act as a barrister, the privilege was allowed
him only in such cases as he might be engaged in .
Auction At a meeting of Council held at Government House on the
duty.
Ordinance 15th January, a resolution was passed remitting on certain
No. 21 of
1844. sales the auction duty of 24 per cent. imposed under Ordinance
No. 21 of 1844 , which related , inter alia, to pawnbrokers and
auctioneers , the same being duly published for general informa-
tion on the 28th January of the same year.
The following was section 10 of Ordinance No. 15 of 1844 :-
"10. And be it further enacted and ordained, that in case there shall not be a suffi
cient number of such barristers-at-law, advocates, writers, attornies, solicitors, and proctors
within the said Colony, competent and willing to appear, and act for the suitors of the said
Court, then, and in that case, the said Supreme Court of Hongkong shall, and is hereby
authorized to admit temporarily so many other fit and proper persons to appear and act
as barristers, advocates, proctors, attornies, and solicitors as may be necessary, according
to such general rules and qualifications as the said Court shall, for that purpose, make
and establish : Provided always that the persons so admitted shall be admitted for a
period of three months only, and shall not be admitted without obvious necessity."
ARRIVAL OF POLICE OFFICERS FROM ENGLAND. 75
It had now become the fashion for professional men generally, Chap. III § II.
and newly established in Hongkong, to advertize themselves, and 1845.
in reference to Mr. Goddard the following notice appeared one Professional men adver-
month after his admission : - tising in
Hongkong.
"Mr. Goddard, attorney of Her Majesty's Court of Queen's Bench in Eng-
land, and an attorney, solicitor, proctor, and notary public of the Supreme
Court of Hongkong, may be consulted at his offices, Burd's Buildings, near
Magistracy.
Victoria, 13th February, 1845."
On the 17th January, the Governor as H. M.'s Plenipoten- Jurisdiction
exercised by
tiary and Superintendent of British Trade, directed the publica- H. M.'s Con-
tion of a Circular addressed to H. M.'s Consuls in China with suls.
reference to and in connexion with the Consular Ordinance No. 7 Ordinance
No. 7 of 1844.
of 1844, by which the nature of the jurisdiction conferred upon
the Consuls in matters of a criminal nature was further defined ,
and the manner in which such jurisdiction was to be exercised
pointed out. The Ordinance evidently had not been much
studied if we may judge by the facts elicited in the Compton
appeal case mentioned hereafter, in November of this year.
Up to this period, the expenditure of the Colony had been Expenditure
of Colony.
almost wholly borne by the Home Government, and the follow- Parliamen-
ing was the amount voted by Parliament in the Estimates for tary Vote.
1845-1846, to defray the expenses connected with the Judicial Judicial
Expenditure.
Department of the island :-
Chief Justice and Law Courts . £6,602.
Police at Victoria and Chuk-chu ......... £ 6,423 .
At the first Criminal Sessions of the Supreme Court for the Chinese
prisoners
year, held on the 15th February, 1845 , three Chinamen were sentenced to
condemned to death for an aggravated attempt at highway death com-
mit suicide.
robbery. The sentence was to have been carried out on Wed-
nesday, the 26th February, but on Sunday, the 23rd , the
prisoners anticipated their fate by committing suicide in Gaol.
It was generally considered a matter for regret that the salutary
lesson which the native inhabitants would have received by a
public execution was thus lost ; much unfavourable public
comment upon the possibility of such an event occurring in the
Gaol being the result. *
The much-needed experienced head of the Police, in re- Arrival of
Mr. Charles
gard to whose appointment and arrival rumour had often May, Super-
spoken, arrived in the Colony by the Oriental, on the 28th intendent of
Police, with
February, 1845. This appointment was considered as another two inspec-
step in the right direction, and as a proof of the determination of tors.
the Government to place the Police Establishment upon as satis-
factory a footing as possible. So far back as May, 1844 , the
As affording insight into the callousness of the Chinese in committing suicide, see an
account of the suicide of three prisoners awaiting trial at the Criminal Sessions, and
anticipating their fate on a charge of piracy, as related by Mr. Inglis, the Governor of the
Gaol-infrò, Chap. xxiv.
76 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. III § II. Ordinance regulating the Police Force had been passed. This
1845 . Ordinance (No. 12 of 1844 ) provided for the appointment,
Ordinance
No. 12 of amongst others, of Superintendents of Police under the imme-
1844. diate orders of the Chief Magistrate of Police, than whom a
more experienced official did not then exist. Mr. Charles May,
the new Superintendent, with whom also arrived two Inspectors,
hereinafter mentioned , had previously belonged to the London
Capt. Bruce Police Establishment. On his assumption of duties , Captain
relinquishes
Police duty. Bruce, of the 18th Royal Irish Regiment, who had been
appointed Superintendent on the 1st March, 1844, had to
relinquish his duties and return to his Regiment . A tribute
of praise was due to the latter for the able manner in which he
had discharged his duties. During his short superintendence the
most important and beneficial changes had taken place, especially
in the organization of the Indian night guard, a body of men
who had proved themselves of great value, and to whom in a
great degree was to be ascribed that almost complete protection
from nocturnal robbers which now prevailed . In effecting
these changes he had been ably supported by the Commander of
the Forces and the Chief Magistrate . The appointment of Mr.
Inspectors May as Superintendent of Police, and of Mr. Thomas Smithers
Smithers and
McGregor. and Mr. Hugh McGregor as Inspectors , was duly gazetted on the
18th March, 1845 , when a Government Notification also appear-
ed stating that, " in consequence of the arrival from England of
Mr. May, the Superintendent of Police, all burglaries , rob-
beries, assaults, nuisances, and other matters connected with the
duties of the Police, instead of being reported to the Chief
Magistrate as heretofore should in future be at once brought to
the notice of the Superintendent of Police, at the Central
Police Station, near the old Market Place. "
Extraordi- The records of February, 1845 , disclose the extraordinary
nary
conduct of conduct of Lieutenant Macdonald , of the 98th Regiment, towards
Lieutenant
Macdonald Major Caine, in his capacity of Sheriff and in connexion with a
towards writ of the Supreme Court issued against Lieutenant Macdonald
Major
as Caine, and addressed to the Sheriff for execution.
Sheriff. The following are
the facts. In July, 1844, a quarrel took place between some
soldiers of the 98th Regiment and the European inhabitants of
a lane adjacent to the market-place. The soldiers having been
severely beaten , it was rumoured the following evening that the
men of the 98th Regiment had determined on avenging the
injury done to their comrades by attacking the inhabitants of
the lane ; and, as a precautionary measure, a picquet was ordered
out to patrol the town , and prevent any irregularity on the part
of the military . Lieutenant Macdonald, who commanded this
picquet, unfortunately exceeded his orders and exposed himself
to a civil action by entering the house of a man named Robinson ,
THE CONDUCT OF A MILITARY OFFICER. 77
whom he made a prisoner on suspicion of having been engaged Chap.III § II.
in the fray of the previous night and ultimately took him to 1845.
the barracks where Robinson alleged he was maltreated by the
soldiers. Lieutenant Macdonald stated, in extenuation of his
conduct, that he merely took Robinson into custody for the
purpose of ascertaining whether he was actually one of the
delinquents who had beaten the soldiers the night before, and
that he knew nothing of the alleged assault upon him in the
barracks .
On an action being instituted against him in the Supreme Action
against
Court, Lieutenant Macdonald's plea, to the above effect, was Lieutenant
held to be no sufficient justification of his conduct, and the Macdonald .
plaintiff obtained $ 50 damages and costs against him . Lieute-
nant Macdonald , considering himself aggrieved by this decision ,
which he fancied was at variance with the Mutiny Act, took no
steps for settling the Court's decree, and consequently a writ
was issued against him for the amount. It would appear that Writ issued
at the establishment of the Supreme Court, the Sheriff, Major against him.
Caine, selected a steady and intelligent soldier attached to the
Police Force to act as bailiff, it being almost impossible at the
time to obtain a suitable person unconnected with the service .
On the 13th February a writ of arrest against Lieutenant
Macdonald was delivered to this bailiff, who proceeded to put it
into execution . Although the Sheriff's officer was in plain Lieutenant
Macdonald
clothes , Lieutenant Macdonald knew him to be a soldier, and orders the
unfortunately, losing sight altogether of the man's civil character, arrest of
the Bailiff
ordered a military guard to take him into custody, for what he, by a military
Lieutenant Macdonald , deemed disrespectful conduct. The guard,
result of this proceeding was an application from the civil
authorities to the Major- General Commanding for Lieutenant
Macdonald's person ; and that officer was accordingly delivered
over to the Sheriff in the evening of the 20th February ; but, an
arrangement having been made for his release, he was liberated
next morning. The following day Lieutenant Macdonald He writes
wrote an insulting note to the Sheriff , Major Caine, which was an insulting
letter to
understood afterwards to cover an offer to fight Major Caine in Major
a duel . In consequence of this conduct, Lieutenant Macdonald Caine,
Sheriff, and
was arraigned before a Court- Martial, on Thursday, the 27th offers to
February, for conduct unbecoming the character of an officer and fight him
a gentleman in ( 1 ) sending a most insulting note to Major martialled
He is Court-
Caine, the Sheriff of the Colony, on the 22nd February, seeking and punished.
thereby to found a personal quarrel with Major Caine upon
circumstances of a public nature and wholly connected with
the execution of his official duty, and ( 2 ) in having sent such
note in the face of the General Order of the previous day,
in which he, Lieutenant Macdonald, had been severely
78. HISTORY OF THE LAWS, ETC. , OF HONGKONG.
Chap. III § II. animadverted upon for an unwarrantable resistance to the Civil
1845. Authorities, and also in direct opposition to the warning of
Captain John Bruce, Assistant Adjutant General, who distinctly
advised him of the dangerous and inevitable consequences
that would attend such a proceeding . On the 4th March, the
Court adjudged Lieutenant Macdonald to be cashiered , but
recommended him to merciful consideration as it was probable
he had acted under the influence of unrestrainable excitement.
After various references from the General Commanding to the
Court- Martial , and vice versa, Lieutenant Macdonald's sentence
was commuted to severe reprimand and reduction to the bottom
Captain of the list of Lieutenants of his Regiment. For delivering the
Jeffery
reprimanded . message to Major Caine, Captain Jeffery of the 98th Regiment
Major- was afterwards severely reprimanded by the General . In his
General
D'Aguilar's minute upon the subject, Major- General D'Aguilar concludes
minute," as follows :-
and on
duelling . " The Major-General abhors duelling ; but while he can make every allow-
ance for that high feeling which renders it worse than death to a British
officer to submit to an unprovoked insult without reasonable explanation and
redress, he is equally determined to visit with the severest penalties any one
under his command who is urged to wanton violence only by vicious propen-
sities or bad passions . And in doing this, he will feel that the second to
such a man, who has no sudden impulses to plead of excited anger or irritated
feeling, is infinitely the most to blame.........
Rule of It was, no doubt, in consequence of Lieutenant Macdonald's
Court
providing case that the Supreme Court passed the Rule of Court of the
for service
of process 1st March, providing for the service and execution of process
on military upon military officers by other than a soldier, but which rule,
officers by however, was amongst those disallowed by the Home Govern-
other than a
soldier , ment in March, 1847 .
disallowed.
Lieutenant It was now announced that Lieutenant Pedder, the Harbour
Pedder,
Harbour- Master and Marine Magistrate, an officer appointed so far back
Master and
Marine as July, 1841 , and who had shown much devotion to duty,
Magistrate , would be proceeding home on leave of absence. He accordingly
takes leave. took his departure on the 8th March, 1845 , by H. C. Proserpine,
Changes in
consequence. his duties being shared respectively by Mr. S. Fearon , the
Mr. S.
Fearon. Registrar-General, as Marine Magistrate, and Mr. A. Lena, the
Mr. A. Lena. Assistant Harbour - Master, an Italian gentleman who had pre-
viously been in the English merchant service, as acting Harbour
Master.
Levée by the At a levée held by the Queen on the 12th March, the
Queen. Dis- officials who had distinguished themselves in China and else-
tinguished
officials
China from where had the honour of being presented to Her Majesty, Sir
presented. Wm . Parker and Sir Henry Pottinger being amongst the num-
ber, the latter being presented by the Earl of Aberdeen on his
return from China. At this levée, Mr. Burgass, formerly
PIRACY AND FLOGGING . 79
Legal Adviser to the local Government, also had the honour of Chap. III & II.
being presented by Sir Henry Pottinger. 1845.
According to a general wish that the more important places Chuck-chu '
about Hongkong should be known by some appropriate English and Shuck-
pai-wan '
name, it was now decided that Chuck-chu, where Mr. Hillier called
was appointed Assistant Magistrate in May, 1844 , should be 6 Aberdeen
Stanley ' and
.'
known by the name of Stanley, and Shuckpai- wan be named
Aberdeen. Those places are both important and situated in a
populous locality to the south- east and south-west of Victoria,
and at a meeting of Council held on the 13th March, the
Governor intimated the names by which the places in question
would in future be known, and by which they are still known.
An important capture of pirates was effected at Kowloon on Capture of
the 20th March, 1845 , by Mr. Lena, the acting Harbour - Master. pirates by
Mr. Lena.
It would appear that the Kowloon mandarins were aware of
their presence and accordingly communicated with the local
authorities, who, with the assistance of the mandarins , captured
several boats with eighteen men . The whole party were secured
while asleep in their boats. They were armed with spears,
guns , fire-pots, and other missiles used by pirates when on
expeditions. On the return of the party to Hongkong, another
piratical boat was captured between Green Island and Hong-
kong, the men forming the crews of large piratical junks then in
the offing and who evidently had been awaiting their opportu-
nity. Needless to say that Mr. Lena came in for his meed of
praise in regard to this capture.
A serious disturbance, attributed , to ill -feeling entertained Serious attack
against the Chinese Police stationed at the west end of Victoria upon
PoliceChinese
at
by their brethren, took place on the 25th March, 1845 , which west Point.
necessitated the despatching of a large body of Police, under the
Superintendent, to arrest the rioters . The riot had assumed such shops and
a serious appearance that the shops and houses in the neighbour- houses closed,
hood had to be closed . Thirteen of the rioters were afterwards
brought before the Chief Magistrate and sentenced to various
terms of imprisonment as well as to flogging, the latter of which
punishment had now become of frequent application in the
Police Court. In the early days of the Colony, before the Flogging of
establishment ofregular Courts ofJustice, and while the island was prisoners .
infested with robbers, it may have been necessary to make some
severe examples, and the Magistrates in passing the sentences
were undoubtedly resorting to an almost unavoidable punish-
ment ; now, however, the opinion was gradually gaining Public
ground that there was no occasion for such repeatedly severe opinion.
sentences of flogging as were being passed, and which were
considered injurious to the community as being cruel and unjust
towards the Chinese, and as having a tendency to strengthen
80 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. III § II. those feelings of dislike which had been engendered in the native
1845. mind.
Prostitutes, Serious charges against the Police were formulated in March
and charges with reference to certain contributions which, it was said, they
of extortion
against levied from prostitutes, and the Chief Magistrate was now dili-
Police.
gently inquiring into the truth of these. An attempt had been
made by the Government, in April, 1844, to rid the Colony
The Lock
of these women , but they eventually found their way back. Ă
Hospital and
the Chief system of police surveillance was then matured, and a lock
Magistrate. hospital , supported by voluntary contributions from the women
and governed by officers appointed by themselves , immediately
brought into operation. It would appear that the accounts of
this hospital had been submitted to and inspected by the Chief
Magistrate, and this voluntary work of his, done evidently
with a praiseworthy object, now induced some evil - disposed
person to incriminate him with the Police, it being reported that
the latter had acted under his orders and that the moneys appro-
Major Caine priated by him. Naturally indignant at such a suggestion ,
slandered.
Major Caine deemed it imperative that the origin of the rumour
should be traced to its very source, and eventually, through his
friends , he discovered that the gross calumny had been uttered
Mr. Shortrade, by Mr. Shortrede, the editor of a local paper, called the China
editor
China of the Mail.
Mail. Affidavits contradictory of and in support of the state-
ment soon appeared in rapid succession ; but , be is said to
his credit, Major Caine seems to have treated the matter with
the contempt it deserved, for nothing seems to have come of it,
nothing being discoverable in the records, except profuse
Apology to apologies and denials on the part of the editor as to the dis-
Major Caine. honourable conduct imputed to him, and the refusal on the part
of Major Caine, after such a misconception of facts as is mentioned
above, to take any further trouble with regard to the institution
under consideration . As will be seen hereafter, the matter of
these ' contributions ' came up before the Select Committee of
the House of Commons , in March , 1847. *
Constitution The constitution of the Legislative Council, which had formerly
of
Council again been unfavourably commented upon, again formed the topic
Legislative
discussed. ofdiscussion and complaint . It was not considered possible that
with the advance which Hongkong had made, even at this early
period , the Legislative Council would continue long composed
as it was. Though a popular elective Legislature was out of the
question, an assembly having some control over the Executive was
considered necessary. A Home correspondent of a local paper,
contrasting the Legislative Council of South Australia with
that of Hongkong, said that the one here was a misnomer-" an
absurdity " as it was composed entirely of officials . It was not
* See Chap. VI., infrà.
SATISFACTORY WORKING OF THE SUPREME COURT. 81
legislative. The Governor determined upon certain measures Chap. III § II.
and an Ordinance was drawn up ; it was then published and 1845.
became law. There was no vote upon the subject, no discus .
sion ; the members of the Council were only privileged to give
an opinion, and they could offer no opposition. The writer,
who apparently was somebody who knew what he was writing
about, ended by saying that " such a Council may suit the
As When
Pacha of Egypt, but in a British Colony it was shameful. " *
unofficial
will be seen hereafter, it was only in June, 1850 , that unofficial member s
members were first admitted into the Legislative Council. The first admitted
Supreme Court, which had been opened since October of the Legislative to the
previous year, had given great satisfaction , and the Chief Justice Council.
The Supreme
at a recent Criminal Sessions was reported as looking tired . He court and
the Chief
laboured under great disadvantages and had no other Judge to Justice.
consult with upon difficult points of law, or who could relieve
him occasionally of some of his work, for his duties were by no
means light. Under the Supreme Court Ordinance, No. 15 of Ordinance
No. 15 of
1844, sections 25 and 27 , he held four distinct terms of Court 1844,
ss.
annually for the despatch of the civil and criminal business, 25 , 27.
and also held occasionally a small debt Court for the despatch
of business on the summary side of the Court. The latter
Court was considered a cheap and equitable tribunal , and petty
cases were said to be settled " at once and for a mere trifle."
The " Summary Jurisdiction " side of the Court was further
improved upon in August , by the passing of Ordinance No. 9 Ordinance
No. 9 of
of 1845. It had now become the practice to notify the day on 1845.
which the Court would sit on its summary side.
The following reference to the Supreme Court at this stage Chinese Ad-
will be found interesting. The introduction of Chinese advo - vocates and.
the employ
cates and of the Chinese language, as well as the appointment.ment of
of educated Chinese in the administration of justice in Hong- educatedin
kong, found its advocates at this early period in the history ofthe adminis
the Colony, and, as will be seen, the all-important subject of tration
justice. of
correct interpretation found its place also in the following extract Chinese in-
terpretation.
from a paper of the time dealing with those questions : -
" Regarding the Supreme Court we hardly dare hazard any opinion. Its
leading members are able men, and have shown themselves worthy of the
trust reposed in them. As friends of the Chinese, we should like to see this
Court provided with its learned Chinese advocates. We have occasionally
attended its sessions, when Chinese have been at the bar ; and we have there
supposed the case reversed, and the Chinese made the language of the Court,
and the ablest sons of Han administering justice, and the foreigner seeking
redress or labouring to make defence. Would the foreigner in that case be
satisfied ? Great care should be taken, in giving testimony, especially where
life is concerned, that every word be faithfully translated ; otherwise how
can judge and jury decide rightly."
On this subject, see also The Chinese Repository, Vol. XIV., 1845 , p. 297.
† See Chap. XI. and XII., infrà.
See The Chinese Repository, Vol. XIV., 1845, p. 297.
82 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. III § II. A number of Chinese barristers and solicitors, admitted in
1845. England, have joined the local bar from time to time within
recent years, sufficient to meet all local requirements , and so
also has the magisterial bench been occupied by one gentleman
at least of Chinese nationality, but the question of interpreta-
tion , it is feared, is one that will always occasionally crop up.
Resignation Though the Supreme Court was now working satisfactorily,
of Mr. Farn-
comb, an official connected with a different Court had reason to be
as Coroner. dissatisfied with his position, for the records show that Mr.
Farncomb, the Coroner, who had succeeded Mr. Fearon in that
The reason. office in September, 1842, resigned his appointment in April,
1845. He had, it would appear, received the temporary appoint-
ment at his own solicitation , the question of remuneration
being left open pending instructions from the Home Govern-
ment. On the arrival of Governor Davis, Mr. Farncomb
took an early opportunity of addressing him regarding his
office, and was informed that on the arrival of Mr. Sterling, the
Attorney-General, matters would be definitely arranged. Ac-
cordingly, on the 27th March, Mr. Farncomb received a letter
from the Colonial Secretary informing him that the Government
had determined to allow him five dollars for each inquest,
" provided the proceedings were copied out and lodged with the
Chief Magistrate.' To this Mr. Farncomb declined to conform,
and , it is said, " threw up his office in disgust." He complained
that, apart from the clerical duties which were now required of
him , he had to " furnish his own stationery, printed forms,"
besides other items which he mentioned but which are now
of no interest ; at least, added Mr. Farncomb, if Government
Mr. Hillier " would not pay for his valuable time, they might reimburse his
succeeds Mr. actual outlay. On the 9th of April , Mr. Č. B. Hillier was
Farncomb.
gazetted as his successor.
April
Criminal The April Criminal Sessions commenced on Tuesday, the
Sessions. 15th of that month . The calendar was not very heavy, con-
Mr. Shelley
acts as taining only six cases, none of them of a serious nature. At
Hindustani
interpre ter. this session Mr. Shelley, Clerk of Councils , acted as Hindustani
Mr. D. R. Interpreter, and Mr. D. R. Caldwell, as Chinese Interpreter. *
Caldwell,
Chinese Mr. McSwyney, having resigned his appointment of Deputy
interpreter. Registrar of the Supreme Court, advertized on the 1st May,
Mr.
McSwyney, as practitioners were wont to do at this time, that he
Deputy had been admitted to practise as "barrister-at-law, at-
Registrar,
resigns to torney, solicitor, proctor, and notary public, and could be
practise.
As Mr. Caldwell's career forms, as will be seen hereafter, a very important factor in
connexion with the judicial history of the Colony, it is expedient here to note that he
was born in St. Helena, and was employed in various mercantile firms in Singa
pore, Hongkong, and Canton. Subsequently, he returned to Singapore where he
joined the Commissariat Department, coming afterwards with Major Caine in June, 1840,
in the same fleet, from Singapore to Chusan. In 1843, on the recommendation of Major
Caine, he joined the Colonial Service as interpreter to the Chief Magistrate (Major Caine).
IMPORTANT CASES IN THE SUPREME COURT. 83
consulted at his offices, corner of Wellington and Cochrane Chap. III § II.
Streets." His was the fourth admission to the Supreme Court 1845.
to practise, and as Deputy Registrar, he was succeeded by Mr. succeeds
Mr. F. Smith
Mr.
Frederick Smith, Clerk of the Court. McSwyney.
On the occasion of the Queen's Birthday, nineteen prisoners Free pardon
(corresponding with Her Majesty's age) confined in the Gaol to on prisoners
Queen's
for minor offences, or who during a long period of imprisonment Birthday.
had been reported as well-conducted , received a free pardon.
An important case was heard by the Supreme Court on the 2nd Admiral
Cochrane's
June, a special jury being empanelled for the trial of an action
againstof
brought against Mr. John Carr, the editor of the local newspaper, editor the
the
The Friend of China, for publishing an article in an issue dated as Friend of
far back as the 13th July, 1844, alleged to contain a libel against China,
Carr, forMr.
Rear- Admiral Sir Thomas Cochrane. The Attorney-General libel.
appeared for the plaintiff and Mr. Goddard for the defendant. Mr. Carr is
acquitted.
For certain services rendered by a schooner called the Vixen to
H.M.S. Wolf, and for which the Admiral awarded to the former
ship $ 100 as full and sufficient salvage, the defendant took
occasion to vilify the Commander - in - Chief, stating he had acted
arbitrarily, haughtily, and unjustly in that no adequate reward
would be paid for services rendered to Her Majesty's ships.
For the defence, it was contended that nothing that the defendant
had said implied guilt on the part of the Admiral and that, in
fact, defendant had merely accused the Admiral " of not being so
liberal as he might have been." The Attorney- General replied,
and, after the Chief Justice had summed up, the jury, after a
short consultation, returned a verdict of not guilty. The action Government
Action of the
of the Government in this matter was disapproved of and cer- in the matter
tain members of the community, to mark their disapprobation of.
disapproved
of the Admiral's conduct and of the support he had received
from the Government, defrayed the defendant's expenses by Mr. Carr's
common subscription. Although the alleged libel had been defrayed by
published nearly a year before, there can be no doubt that the subscription.
action of the Government in this matter was hastened by the
conduct of another editor of a newspaper in connexion with
the abominable stories affecting the Honourable Major Caine's
character.
The records show another important case tried in the
Supreme Court also in June, but different in character to
the previous one mentioned . It was an action tried on the Rustomjee
13th June before the Chief Justice, the plaintiff's being Messrs. and Co. r.
Macvicar
D. & M. Rustomjee & Co., against Messrs. Macvicar & Co. and Co.
The plaintiffs were represented by Mr. Sterling, the Attorney-
General, and the defendants by Mr. Goddard . The action was
brought to recover the amount of insurance on goods damaged
on board the Corsair on her passage from Hongkong to Woo-
sung. The defence was, that the vessel was not to have sailed
84 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. III § II. from Hongkong. After a great deal of evidence had been
1845. adduced , the jury found a verdict for the plaintiffs , thus
establishing that the vessel was trustworthy. No point of law
turned upon the case.
June The Criminal Sessions closed on Thursday, the 19th June,
Criminal
Sessions. having occupied
fourteen cases upon Court
the the four days
Calendar, only,
some though
being there were
of importance.
Conviction of Private McHugh, of the 18th Royal Irish Regiment, was
Private
McHugh for sentenced to a term of imprisonment for causing the death
causing of Private Higgins of the same Regiment, and Henry Daniel
death of a
comrade. Sinclair, gunner of the schooner Ariel, for piracy, was sentenced
Henry to transportation for life . At the same session Chun Afoon
Daniel
Sinclair was sentenced to death for shooting, with intent to murder ,
transported
for life during an attack at East Point on the 7th May. Though
for piracy. similar attacks had been numerous and many of the assailants
Chun Afoon
sentenced to killed or wounded , this was the first case in which one of the
death for a robbers had been actually captured at the time of committing
murderous
attack at the offence, and it was hoped his fate would be a salutary
East Point. warning to his confederates . It was gratifying to notice the
Decrease
such of
crimes. decrease of crimes of this nature, and undoubtedly the security
now existing in the Colony was to be ascribed to the efficient
body of night Police organized during the past year. At the
Criminal Sessions held on the 30th June, a ghastly case was
Conviction of heard. It was that of three men belonging to H.M.S. Driver,
Ingwood, of
H.M.S. named Charles Ingwood , Thomas Cox, and John Mears,
Driver, for
murder. who were arraigned upon the charge of having murdered an
Englishman of the name of Wilkinson, on Friday, the 2nd
May, 1845 , at Whampoa . The prisoners and deceased , a baker
in the employ of a Mr. James McMurray, at Whampoa Roads,
had met on shore. After drinking together, they all came off
in a Chinese sampan, when, some angry words passing between
them, it was alleged the prisoners set upon Wilkinson , tied up
his hands and feet, and threw him overboard , the body being
picked up afterwards at Whampoa Reach on the 5th May, in a
state of decomposition . The Chief Justice presided at the trial ,
Mr. Sterling, the Attorney- General , prosecuted , and Mr. Goddard
appeared for the defence. From the evidence it would appear
that the prisoners were at the time under the influence of drink,
but " sober enough to know what they were doing. " Originally
four men had been charged , but Joseph Charlow, a shipmate,
with a promise of pardon held out to him, turned Queen's
evidence . It was proved that Wilkinson, the deceased , had
been very abusive to Ingwood, -Cox and Mears at this time,
sitting aft and being mere spectators of the awful drama that
was being perpetrated, though offering no assistance whatever
to the deceased. In the result Ingwood was found guilty and
sentenced to death, the jury acquitting Cox and Mears. It was
EXECUTION OF INGWOOD AND CHUN AFOON. 85
hoped in some quarters that the Governor would extend to the Chap. III § II.
condemned man the mercy which, as Her Majesty's represent- 1845 .
ative, he was entrusted with, and the community thus spared
the dreadful sight of an Englishman being hanged in Hongkong,
but the unfortunate inan was hanged on Thursday, the 3rd Execution of
Ingwood.
July, 1845. He had been attended by the Colonial Chaplain ,
the Reverend Vincent John Stanton , who after the execution said
that " he had visited Ingwood often during his imprisonment,
and was fully convinced that he was not a hardened offender,
and could not have been guilty of premeditated murder, but had
been maddened by provocation and liquor." To a shipmate,
Ingwood said he wished to warn his shipmates against " samshoo
(a native intoxicating drink ) , and he hoped his fate would
make an impression upon them which would not be effaced .
The wretched man had been doomed to the further indignity * Ingwood is
of suffering in company with the Chinaman Chun Afoon, who, hanged
together with
it will be remembered, was sentenced to death on the 18th Chun Afoon.
June, and who had since been , with less success , however, than
his three countrymen under similar circumstances in February,
using every effort to save the offices of the hangman .† The
double execution took place at five o'clock in the morning, on
a gallows erected at West Point, the Chinaman having been
received into the bosom of the Roman Catholic Church and
attended to by an Italian priest. The execution of Ingwood, until Ingwood the
first
this time, was the only recorded instance of a European being European
hanged in Hongkong. In the annals of crime instances of more hanged in
Hongkong.
refined cruelty and fiendish malice are occasionally met with, Ingwood's
but it would be difficult to point to a more cold- blooded , crime,
deliberate, cowardly murder than the one for which Ingwood
was so righteously sentenced to death . The ermine of Justice The law of
is now less stained with blood than formerly, but as the law of to
England as
murder.
England still contains murder among capital offences, no com-
mutation of the penalty can reasonably be looked for except in
cases presenting strongly extenuating circumstances, or where
facts brought out subsequent to the trial cast a doubt upon the
evidence ; but in cases like Ingwood's, it is difficult to see why,
if mercy had been extended to him, Chun Afoon , who was not
even charged with committing murder, but only with intending
to do so, could have been hanged without this being regarded
as a judicial murder.
The Ordinance to raise an assessed rate on lands and houses Assessed rate
for the purpose of upholding and maintaining the Police Force on lands
houses and
for
(No. 2 of 1845 ) , came into operation on the 1st July, 1845. maintenance
of Police
The opinion of the law officers of the Crown was that the Force.
* See the action of the Government after the execution of the two Englishmen Gibbons
and Jones, as related in Chap. XXVI., infrà.
† See antè p. 75.
86 HISTORY OF THE LAWS , ETC., OF HONGKONG.
Chap.III § II. assessment provided for was a direct tax upon property by the
1845. landlord , and not by the tenant, but the terms of the Ordinance
Ordinance were rather ambiguous and it was not clear whether the tenant
No. 2 of 1845.
The opinion or landlord was the party responsible. This Ordinance was
of the Law
Officers of not without giving cause for dissatisfaction, as indeed , do most
the Crown. laws having taxation for an object. The measure was con-
Landlord empowering Government
and tenant. sidered unconstitutional and illegal, as
Public assessors arbitrarily to value all household property with the
dissatisfac-
tion. view of raising a new tax, ostensibly, it was said, for payment of
a Police Force, " there being no municipal body of any kind
in the Colony to determine whether such tax be necessary or
equitably levied and appropriated ." The rate was primarily
payable by the tenant, though as regards the public it was
ultimately a charge on the landlord ; but in cases, for instance,
where the agreement for occupancy had been made by a military
Constitution officer , the landlord might be applied to, in the first instance, for
of
Legislature the assessment. It was clear therefore that the assessment was
attacked. a direct property tax, and for this ( considered ) special legislation ,
the constitution of the Legislature was again attacked. It was
admitted to be unreasonable to ask for an elective Council, but it
Memorial to
Lord was urged that the inhabitants were entitled to representation, so
Stanley. far as it could be obtained by the nomination ofrepresentatives by
the Crown. A memorial to Lord Stanley, protesting against the
Mr. Bruce, measure, was accordingly got up on the 13th August, and for-
Colonial
Secretary, warded to the Governor for transmission to the Secretary ofState.
goes on on short leave, of Mr.
leave. Consequent upon the departure
Major Caine, Bruce, the Colonial Secretary, on the 16th July, 1845 , im-
Acting
Colonial portant changes took place in the establishment of the island .
Secretary, Major Caine, who was appointed to replace Mr. Bruce, being
Mr. Hillier, succeeded by Mr. Hillier as acting Sheriff and Police Magistrate,
Acting
Sheriff and
Police Lieutenant Armstrong, of the 18th Royal Irish Regiment,
Magistrate ; replacing Mr. Hillier as assistant Magistrate . But all these
Lieutenant changes were only of short duration, for Mr. Bruce returned to
Armstrong,
acting the Colony and resumed the duties of his office, on the 25th
Assistant
October, 1845. Mr. Samuel Fearon, the Registrar- General,
Magistrate.
Mr. S. however, took a year's leave on the 16th July, when Mr. Andrew
Fearon ,
Registrar- Lysaught Inglis, clerk in the Marine Magistrate's Office was
on leave. goes
General appointed to act as Registrar-General, Mr. Hillier performing
Changes . the duties of Marine Magistrate, Mr. W. H. Leggett, clerk to
Mr. A. L. the Chief Justice and to the Supreme Court, with the concur-
Inglis .
Mr. Hillier. rence of the Chief Justice , being appointed Coroner, vice Mr.
Mr. W. H. Hillier.
Leggett.
Major- Major- General D'Aguilar now again came in for public
General
D'Aguilar comment. It will be recollected that the stopping of the
causes bamboo -beating nuisance was ascribed to him. He was
prosecution
and now accused of causing the conviction of a Mr. Welch for
conviction "having singing in his house between the hours of 10 and 11
MAJOR-GENERAL D'AGUILAR AND MR . WELCH . 87
o'clock." It was said that " Mr. Welch had the misfortune to Chap III. § II.
occupy a house near that in the temporary occupation of the 1845.
Honourable Major-General D'Aguilar, to whose gentle ear the of a
Welch Mr.for
rude sound of civilian hilarity was peculiarly obnoxious , though having
music
he could complacently listen to the mirth of the military mess in his ' in
house.
the rear of his house on their evenings of entertainment ." Episodes in
the case.
According to the report, the General had sent for Sergeant
Atkins ( formerly of the 18th Royal Irish Regiment ) and had
ordered him to go to Mr. Welch's house with his , the General's,
compliments, and request him to stop the noise. Sergeant
Atkins , in company with Constable Isaac Simmers (formerly
a private in the Royal Irish Regiment) accordingly proceeded
to Mr. Welch's house and found his way to the room where
Mr. Welch had a party of friends , and in an insolent manner
informed Mr. Welch that General D'Aguilar ordered that the
noise be stopped at once. Mr. Welch then quietly told the How Mr.
Welch
Police sergeant to go downstairs, and, on second thoughts, treated
" feeling the indignity cast upon him " by the intrusion of General
D'Aguilar's
policemen in his house, opened the window and , calling out to emissary.
the sergeant, told him that if he came again with such a
message, he would horse-whip him. The next act in the
farce, continued the report now condensed , was the appearance
the next day of Sergeant Atkins before Lieutenant Arms- He is
trong, " of the Royal Irish Regiment " ( who was acting as prosecuted.
Case tried by
Assistant Magistrate in the place of Mr. Hillier, temporarily Lieutenant
promoted Chief Magistrate ) and who, swearing to an information Armstrong.
Mr. Welch
containing the threat of horse-whipping above- mentioned should fined for
he return to Mr. Welch's house, summoned Mr. Welch 'Sergeant threatening'
accordingly before the Magistrate to answer to the charge. On Atkins.
the 13th September, the Magistrate, Lieutenant Armstrong,
sentenced Mr. Welch "to pay a fine of $20 to the Queen." Use- Public
less to say that the charge and sentence were both considered comments
the whole on
iniquitous, and the attention of the Attorney-General and the matter.
public called to the unjust sentence of the " servile Magistracy ,"
but, as in the case of the bamboo-beating, the records do not
29
show that, after this, Mr. Welch ever had any more " singing '
in his house.
The news that a baronetcy had been conferred upon the Governor
Davis made
Governor reached the Colony on the 14th September, 1845 , a Baronet.
and the honour was considered a well-deserved one and for which.
Sir John Davis was well worthy. The following is a copy of
the announcement as it appeared in the London Gazette, of
the 11th July, 1845-
"The Queen has been pleased to direct Letters Patent to be passed under
the Great Seal, granting the dignity of Baronet of the United Kingdom of
Great Britain and Ireland unto John Francis Davis, Esquire, Governor of
Hongkong, and the heirs male of his body lawfully begotten."
88 HISTORY OF THE LAWS, ETC. , OF HONGKONG.
Chap. III § II. On the 23rd September, Mr. Hillier, the acting Chief
1845. Magistrate and Sheriff having charge of the Gaol, refused
Mr. Hillier, access, without a written order from himself, to several Euro-
acting
Sheriff, peans confined in the Debtor's Jail . His conduct was con-
refuses access sidered inexcusable, and regretted because the impression
to prisoner s
in debtor's heretofore had been, that " he was not infected with those
gaol.
harsh feelings which were so peculiarly characteristic of the
Executive of Hongkong." The prisoners complained they
were being detained as felons, and from the correspondence that
ensued afterwards between the Government and themselves, it
does not appear that they gained any advantage by their
action.
Comparison The Bombay Gentleman's Gazette, of 1st October, 1845 , con-
between
Hongkong tained an article drawing a comparison between Hongkong and
and Chusan. Chusan which it was desired to see retained, the comparison
Gentleman's being anything but favourable to the former . The following
Gazette.
extract is, however, given as containing an account of the early
Early
History of history of the Colony and showing the lawless population which
Hongkong.
Lawless the authorities had so early to cope with, and for the success
population. of whose measures no small praise or credit was due
"As to the population and progress of Hongkong, the only known facts
are, that in January, 1841 , it was ceded to Captain Elliot, and great offers
were made by him and Commodore Sir Gordon Bremer to induce settlers to
go there. The floating population on its being taken, was about 7,800
smugglers, stone-cutters and vagabonds ; in March, 1842 , it rose to 12,360 ;
in July, 1845, it was about 19,000, but of the worst characters from the
neighbouring coast of China, for not one respectable Chinaman had come to
settle there during the 3 years of British occupation . The mandarins of
the next provinces order their outlaws to Hongkong, and such was the
frightful state of society in the island , that in that small population, there
were, in June last, 20 opium eating shops, 31 brothels, etc., etc. The
Europeans, who dwell there, sleep with pistols under their pillows, for their
lives or property cannot be considered safe either by day or by night. The
true character of this Colony was clearly described by anticipation in the
Canton Register of the 23rd February, 1841 , in which it is called " a
Gehenna." The lawless population refuse to be controlled , and the procla-
mation of the Police Superintendent, Major Caine, was met by a counter-
edict by the leaders of the determined scoundrels, who look upon the British
settlers as their prey, to be plundered and butchered whenever opportunities
offer......"
The foregoing picture though dark, having regard to the
facts before touched upon regarding the early condition of
affairs here and the people that had settled in Hongkong, can-
not be said to be overdrawn, or, if exaggerated , certainly not
untruthful, and it must have been a matter for congratulation
to the authorities to see their untiring efforts rewarded, and to
the residents, to see how much crime was being stamped out
Doubtless reference is here made to the riots in connexion with the Registration
Ordinance, in October, 1844, antè pp. 66-68.
BRITISH SOVEREIGNTY VIOLATED. 89
through the admirable exertions of those very authorities whom Chap. GIII § II.
they often, but unnecessarily, abused. 1845.
On the 6th October, Mr. Charles Gordon Holdforth was Mr.
appointed Coroner, pending the receipt of Her Majesty's Holdforth,
Coroner.
pleasure. This was doubtless in succession to Mr. W. H. Donth ofMr.
Leggett, appointed in July last vice Mr. Hillier, and who had Leggett.
died at Macao on the 23rd September, 1845. Pending Mr.
Holdforth's appointment , after Mr. Leggett's death, Mr. Hillier
had resumed the office temporarily.
Two inferior agents of the Chinese Government, having Chinese
violated the sovereignty of British law by coming over to Agents
Hongkong and apprehending a suspected Chinese without the violate
Sovereignty
authority of a warrant from the Police Magistrate, were con- of Hongkong.
demned, on the 15th October, to one month's imprisonment. They are
convicted.
A notification from the Government enjoined all inhabitants to Government
apprehend any such persons in future and to bring them before Notification
as to such
the Magistrate for punishment . Ordinance No. 11 of 1845 , Agents.
regulating the harbour of Hongkong, passed the Legislative Ordinance
11
Council during this month. The Ordinance repealed Ordinance No
1845 . of
No. 19 of 1844 under which some previous regulations had Ordinance
been passed, but which were now rescinded and embodied in the No.
1844.19 of
above Ordinance. The Ordinance for the naturalization of Ordinance
aliens ( No. 10 of 1845 ) passed in October also, was disallowed No.
1845.10 of
by proclamation ofthe 1st January, 1848 , followed by the publi- Act 10 and
cation of the Act 10 and 11 Vict . , c. 83 , relating to the same 11 Vict. , c.
83.
subject.
The first appeal case against a Magistrate's decision was First Appeal
heard on the 3rd November of this year. Mr. McSwyney Case against
Magistrate's
moved on behalf of the appellant in the case of Christopher V. decision :
Armstrong, for a writ of mandamus calling upon Messrs. Caine Christopher
e. Armstrong.
and Hillier, Justices of the Peace, to show cause why they
should not assemble a Court of General Sessions to re-hear
Ordinance
the above case, and wherein the Magistrate, Lieutenant Arm- No. 11 of
strong, had fined the appellant $ 100 for a contravention of the 1844.
Rule made
Spirituous Liquors Ordinance, No. 11 of 1844. The Justices not
appearing, the rule was made absolute on the 10th November, Costs refused
but the Chief Justice refused costs, as it was not usual " to Magistrate.
Mr. Hillier
grant costs against Magistrates ." takes short
On the 12th November, Mr. Hillier, the Assistant Magistrate, leave.
Lieutenant
proceeded on six weeks leave of absence, being replaced by Armstrong
Lieutenant Armstrong, who had previously held the position , acts.
t . L.
on the 10th December, Mr. Andrew Lysaught Inglis, acting Inglis,
Registrar- General, was appointed at the same time an Assistant Assistant
Magistrate.
Police Magistrate for the Colony.
The last Criminal Sessions of the Supreme Court for the year, December
Criminal
opened on Monday, the 15th December, and closed on Friday, the
90 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. III § II. 19th . The calendar had been a heavy one, and with three or four
1845. exceptions, the offences were trifling and might well have been
Sessions.
Trivial cases settled by the Magistrate without occupying the time of the
committed Court and of the Jury unnecessarily, a number of cases ending
by the
Magistrate. in an acquittal. Most of the prisoners found guilty of robbery
A Chinaman were sentenced to long terms of transportation. In one case, a
sentenced
death. His to Chinaman , charged with murder, was sentenced to death. His
accomplice is accomplice, who had escaped to Canton, was afterwards arrested
arrested in
1848 and in the Colony at the end of 1848 , and tried, convicted, and
convicted. executed in December of that year.
Judicial
events of The judicial history of the Colony during 1845 presented
1845. few prominent points of interest. Several important Rules of
Resumé.
Court passed during the year ( notably those of the 1st November,
which related to the sittings ofthe Court, practice and pleadings,
proceedings in formâ pauperis, criminal proceedings and fees of
Court) were all disallowed by the Home Government, notifica-
tion to that effect appearing in March , 1847 .
Despite occasional complaints at the measures of Government,
matters rolled on in comparative tranquillity. The Police
Assessment Ordinance drew forth a deal of discussion, ending in
a memorial to Lord Stanley. To this memorial at the end of the
year no reply had been received, but its import might have been
inferred from the fact of a proclamation published on the 26th
December, announcing that the Ordinance had been approved
of and confirmed by Her Majesty. The other legislative
measures were chiefly confined to amending former Ordinances
so as to render them more adapted to existing circumstances.
Disapproval of the wholesale manner in which the Magistrates
inflicted corporal punishment upon the Chinese began to make
itself heard, trifling offences in many instances involving a
sentence of from 50 to 100 strokes of the rattan . Though
some of the sentences passed during the year in the Courts
might have appeared severe, in the then condition of the Colony,
severity was certainly called for, and indeed , if not paradoxical ,
it became humanity .
Ch. III § III. A Coroner's inquest was held on Friday, the 2nd January,
1846. 1846, on the body of the Chinese contractor for the military
Coroner's
hospital and officers ' barracks. The deceased was found hang-
Inquest.
Suicide ing by the neck in the morning at his residence near the
amongst barracks . Upon his person was found a paper stating that, in
Chinese.
consequence of his not being able to meet his obligations at the
end of the year, he had destroyed himself, and also that he had
lost considerably by the contract for the officers ' barracks in
consequence of his being obliged to build a stone front , "the
contract having been for a brick one.' The jury, curiously
enough, returned a verdict of temporary insanity, though
VERANDAHS . 91
upon what grounds could not be imagined , as the suicide Ch. III § III.
appeared to have been most deliberate, and it is a well 1846.
known fact that suicide is common among the Chinese, males
or females, whenever in trouble . Needless to say, of course,
that the charge relative to the alteration of the terins of the
contract was found afterwards to be untrue.
Piratical attacks had now begun afresh, and it was believed Piracy.
that the pirates had made Hongkong their abode, in consequence
of which the Police, of course, came in for censure . It was said The Police.
that there were 300 Chinese of notoriously bad character resident
in the Chinese part of the town and suburbs , and that so long as
they were permitted to remain on the island, robbery and violence The Indian
night Police.
would continue. The Indian night Police came in for a meed Lighting of
of praise, and the lighting of the streets was favourably com- the streets.
Public
mented upon, but the European Police apparently did not stand opinion of
high in the estimation of the residents . Their frequent visits European
porti on of
to and lounging about in the Chinamen's shops, had not escaped Police Force.
observation. Several important appointments were made dur-
ing this month, amongst others , those of several of the principal Justices of
officials and residents to be Justices of the Peace for the Colony. the Peace.
On the 29th January, Mr. Adolphus Edward Shelley, the audits
Mr. the
Shelley
Auditor-General, was appointed to audit the accounts of the Registrar's
Registrar, Mr. Cay, on the ecclesiastical side of the Court, Mr. accounts.
Charles Markwick being also appointed ' one of the appraisers and Ma
Markwick,
auctioneer' on the same side of the Supreme Court, in place of Appraiser
and
Mr. Edward Newman who had hitherto held the appointment. Auctioneer of
The London Gazette of January 30, announced that Her Majesty the Court, in
had been pleased to appoint Mr. Samuel Turner Fearon , the place of Mr.
Newman.
Registrar- General, (who had proceeded on leave on the 16th Mr. S. T.
July, 1845 ) , to be ' Registrar -General and Collector of Chinese Fearon
gazetted
Revenue ' for Hongkong. Registrar-
General and
Collector of
In January, also, Government permission was given for the Chinese
construction of verandahs projecting beyond the boundaries of Hongkong.
Revenue for
lots over any public road or street within the City of Vic- Land.
toria, in accordance with a plan, open for inspection at the Verandahs.
Surveyor-General's Office. This permission superseded the
Government Notification of 19th November, 1844. No provi-
sion has ever been made in the Crown Lease for these erections
which are, to this time, allowed by the licence of the Director of
Public Works . The consequence is, that the purchaser of a
house, in hundreds of cases , acquires no other title or estate in
the exterior parts of the building he purchases , than what passes
by his deed of assignment as an easement, if such an easement
attached to his holding, which, under the Governor's instruc-
tions for the disposal of land , appears to be somewhat doubtful .
92 HISTORY OF THE LAWS, ETC. , OF HONGKONG .
Ch. III § III. In February, Mr. Holdforth, the Coroner, received the appoint-
1846. ment of Deputy Sheriff, Major Caine retaining the sheriffship ,
Mr. and on the 23rd March, Lieutenant Pedder, the Harbour-
Holdforth,
Deputy Master and Marie Magistrate , who had proceeded on leave
Sheriff.
Return of of absence in March, 1845 , resumed the duties of his office.
Lieutenant
Pedder. Messrs. Farncomb and Goddard , solicitors , advertised on the
Messrs. 21st March, 1846 , that they had formed a partnership as
Farncomb
and Goddard " attorneys, solicitors, proctors, and notaries at Victoria, under
in partner- the firm of Farncomb and Goddard," and that Mr. Farncomb
ship.
would transact the business of the firm as notary public. But
this partnership apparently was not of long duration, for on
the 4th July it was announced that the partnership heretofore
subsisting between them had that day been dissolved " by
mutual consent."
Flogging in The frequency of the application of corporal punishment
Hongkong.
mentioned in March, 1845 , and the injurious effects of unne-
cessary severity were now beginning to tell upon the public
Disgusting mind . Disgusting exhibitions of public flogging were reported
exhibitions of
flogging. to be of almost daily occurrence in the town : in one case about
an hour before sunset one afternoon , in the Queen's Road,
between the foot of Pottinger and Cochrane Streets, one poor
wretch being tied up to the door - post of a public house next to
the then temporary Police Station there, and afterwards stripped
and his back " lacerated with the rattan." No pretension was
Wholesale made to an over - refinement of feeling, but the wholesale system
flogging
objected to. of flogging inflicted by the Magistrates was objected to . The
extent to which the rattan was made use of was said to be
almost incredible, and that the records of the Police Court, on
examination, would show that there was more flogging in
Hongkong than probably in any country in the world accord-
ing to the population . For the most trifling offences the Chinese
were being daily sentenced to be publicly whipped. On Satur-
54 Chinese day, the 25th of April , 1846 , no less than 54 men were flogged
flogged and
their tails and had their tails cut off, - a mode of punishment common in
cut off on
those days -for no other reason than that of being on the island
pretext of
having no without registration tickets , and the severity of the sentence was
registration
ticket. further increased by their being handed over afterwards to the
They are tender mercies of the Kowloon mandarins to be sent back to the
afterwards places to which they belonged . The existence of any local law
handed over
to mandarins authorizing the Magistrates first to punish and then to hand
at Kowloon. over delinquents to the Chinese authorities was not known .
By the treaty, criminals or other offenders were only to be
The origin of handed over on application . The origin of the offence for which
the offence
for which the 54 men were flogged happened in this wise : a policeman
they were
flogged. saw a Chinaman carrying a piece of timber which he believed
had been stolen, and arrested the man. On the policeman and
THE REGISTRATION ORDINANCE AND FLOGGING . 93
his prisoner passing near some native houses near Spring Gar- Ch. III § 111.
dens, some Chinamen threw stones and the policeman was 1846.
obliged to abandon his captive, though afterwards, meeting with
assistance, he was able to re-capture him. A strong body of
police was sent down, but as it was found impossible to identify
the offenders, they arrested such of the men as were without
tickets of registration, and they, together with the thief, were
next day brought up before the Police Court. Against the
latter the charge was clearly proved , and the rest were tried
under the Registration Ordinance and sentenced to pay a fine of
$5 each or, in default, to receive each 20 strokes with the rattan
and " to lose their tails." As they failed to pay the fine, the
alternative of the sentence was enforced, and they were after-
wards forwarded , as before stated, to the mandarin at Kowloon
with a letter stating that they had been punished and requesting
that he would order them " to their native districts and forbid
them to return." As is apparent, the difficulty of identification Difficulty of
identifica-
alone had rendered it necessary to proceed against the men tion.
under the Registration Ordinance, though the offence, for which
some of them at least had been guilty, was assault with intent
to intimidate the police, but to meet which the authorities
deemed it advisable to charge the 54 men as above. As will before
Case brought
be seen later on, this case came before Parliament in August. Parliament.
The Registration Ordinance, as worked, was reported a Registration
failure, though possibly it might eventually prove beneficial to Ordinance
failure. a
the Colony, but only by being worked differently. So long as
it was made an apology for severities such as were described , it The
was injurious rather than beneficial, and so long as it permitted surrender
men underof
the Magistrates to surrender men to their brother-magistrates, the
of the Celestial Empire, it was a disgrace to the Colony and Chinese to
Ordinance
gave rise to the most unpleasant suspicions . Between English authorities
deemed a
Magistrates and those of China there should be no community disgrace.
of feeling, no negotiations , except such as were provided for by
Νο
treaty. Commenting upon the case, a local paper said that community
"the barbarity of the Police Court was of a piece with the between
English and
brutality of the legislation which would brand and mutilate Chinese
human beings who had committed no crime, but who were Magistrates.
obnoxious as being members of a secret society," reference being Strong
local
doubtless had to the Triad and other secret Societies Ordinance, comm
No. 1 of 1845 . upon the
flogging case.
Ordinance
The spirit was observable on the bench which ren- No. 1 of
dered the Council " contemptible. " But be this as it may, 1845.
there was no doubt that crime had greatly diminished , to
whatever cause due, though perhaps severity was now less State of
crime at this
called for. Seldom was a robbery of any magnitude now heard stage.
of, nor did the natives show any disposition to be insubordinate.
94 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch . III § III. At the last session of the Supreme Court there was scarcely
1846. one case of importance, whereas formerly there were a dozen.
Sentences ofThis was certainly satisfactory as showing that the population
flogging
deemed was more orderly and that sentences of whipping inflicted by
excessive the Magistrates, and which had now begun to be objected to as
and
unnecessary.partly excessive and partly unnecessary, had at least had some
Lieutenant salutary effect. Lieutenant Thomas Wade, of Her Majesty's
Thomas
Wade 98th Regiment, having been placed at the disposal of Government
appointed by the Major- General Commanding, the Governor , on the 6th
Chinese
April, appointed him to the office of Interpreter to the
interpreter of
the Supreme Supreme Court, pending Her Majesty's pleasure. It will be
Court. remembered that Mr. Wade was appointed in a similar capa-
Duties of the city to Her Majesty's land forces in July, 1843. On the 15th
Marine
Magistrate. April, notice was given, that for the future Lieutenant Pedder,
the Harbour- Master and Marine Magistrate, recently returned
from leave, would only take cognizance of such cases as Marine
Europeans Magistrate where the parties were Europeans or Lascars , and
and Lascars. that all marine cases in which Chinese were the parties would
The Chinese. be heard and disposed of at the Police Magistrate's Court. It
was with much satisfaction that the public now learnt that Mr.
Mr. Lena Lena, who had, with much credit to himself, filled the office of
and the
suppression Harbour- Master during the absence on leave of Mr. Pedder,
of piracy. had been entrusted with the command of two gunboats to cruise
in the river, and among the adjoining islands, for the suppression
of piracy. The evil had lately been on the increase by being suf-
fered to go unchecked, but, though it might have been dealt with
sooner, it was considered fortunate that the appointment had been
conferred upon one so likely to perform its duties efficiently.
Day robbery An impudent robbery took place in broad daylight on Wed-
at West
Point. nesday, the 29th April, near the stone quarry, a little to the west-
ward of the naval stores, seven Chinamen , armed with various
weapons, having stopped an equal number of their countrymen
and stripped them of their clothes, leaving their own rags
in exchange. Only one of the robbers was caught, the rest
having escaped over the hill before assistance could be obtained .
Escapes from Several escapes had also taken place from the Gaol recently,
Gaol.
and it was a subject of regret that, while some were flogged for
trivial offences, other prisoners , who had been tried and sentenced
to transportation, were permitted to escape. In February, six
convicts had broken out of gaol , and a recent escape was that of
a man undergoing inquiry upon a charge of attempting to
poison his employer. In the first instance the prisoners , on a
stormy night, had forced a door, and in the last a hole was
burned in the roof allowing of free egress . It was a singular
coincidence that in both cases the guard should have failed to
discover the efforts which the prisoners were making to re-gain
their liberty. No doubt, the want of a responsible head with
THE VICE -ADMIRALTY COURT . 95
sole charge ofthe prisoners, and with no other duty to perform, was Ch. III § III.
the primary reason for such carelessness , for the Chief Magistrate 1846.
with his heavy duties, though to a certain extent relieved of The Chief
Magistrate,
some of his police work, must yet have had quite enough to do the Gaol, and
without having to exercise supervision, such as it was , over the the Police.
His hea vy
prisons. duties.
Regulations for appeals to the Privy Council from the Appeals to
Supreme Court, dated the 21st January, 1846, were published on the Privy
Council.
the 5th May, and on the 9th , Her Majesty's Letters Patent, dated Letters
the 10th January, 1846 , appointing commissioners to hold admi- Patent.
Commissio-
ralty jurisdiction within the Colony were published . The ners to hold
Commissioners thereunder were the Governor, the Chief Justice, Jurisdiction.
Admiralty
the Officer commanding the Troops, the Colonial Secretary, the
Chief Magistrate of Police, and the Flag Officers or Captains of
ships ofwar in the harbour. Either of these commissioners could
examine or commit parties charged with piracy. The prisoners
could be tried by three of the commissioners , of whom the
Governor or Chief Justice was to be one, with a jury. These Court with
Admiralty
Letters Patent now fully provided for a Court with admiralty Jurisdiction.
jurisdiction in Hongkong, and those appointing Sir John Davis, Governor
the Governor, to be Vice- Admiral of the island, and John Walter Admiral
Davis, Vice-
of
Hulme, Esquire, Judge of the Vice- Admiralty Court, dated the the Island.
4th February, 1846 , were duly published on the 4th June. Chief Justice
The May Criminal Sessions commenced on the 27th . The calen- Judg
Hulme,
e of the
dar was a comparatively light one, some of the cases, however, Vice-
Admiralty
being of importance, one prisoner, Ching Afat, being found guilty
court.
of murder and sentenced to death. A charge of piracy brought
May
against seven boatmen in the employ of the opium farmer was Criminal
Sessions.
heard at this session . Mr. McSwyney, for the prisoners , took Ching Afat.
an objection that the crime was committed at a different spot sentence of
death for
from the one mentioned in the indictment and which was not murder.
within the jurisdiction of the Court. The Chief Justice coin- Piracy case
cided in this and the prisoners were discharged . In this case discharged.
Features of
an incident happened not at all uncommon in Chinese cases, the case.
principally due perhaps to difficulty in recognizing Chinese Difficulty in
features or ability to discriminate amongst people so very much Chinese
recognizing
alike. It was remarked in Court that of the seven men com- features.
mitted by the Magistrate and bailed out, one of the number was Substitution
of prisoners.
not there, another man having taken his place at the bar. The
Police, it was said , were ready to certify that a youth who was
particularly conspicuous in the affair, and one of the seven
bailed by the Chief Magistrate, was not in the dock on trial,
but presumably owing to the preliminary objection taken, in
consequence of which the prisoners were discharged , nothing
arose upon the fraud pointed out , another person making up the European
number of seven. Another case was that of a European policeman conniving
policeman at
who was accused of conniving at the escape of a prisoner under escape of
96 HISTORY OF THE LAWS, ETC., OF HONGKONG.
Ch. III § III. his charge. The case broke down on some technical point-a dif-
1846. ference between the real name of the prisoner and that given in
prisoner the indictment-but as such cases had been numerous, it was
acquitted.
not without cause that suspicion of collusion between prisoners
Collusion
between and their keepers had become general.
prisoners and On the 3rd June, a Mr. Wiseman was summoned in the Police
Police as
Prison Court under section 7 of Ordinance No. 14 of 1845 , and fined
guards . £ 5, for furious riding or, as was stated, galloping ' his horse
Prosecution
of a Mr. near the gap, a locality, says the report, used then for that
Wiseman
instance ofat purpose by nearly every resident on the island. It appeared
General that the real complainant in the case was General D'Aguilar,
D'Aguilar for who accordingly again came in for a good deal of public talk.
alleged
'furious The Superintendent of Police, Mr. May, stated that General
riding.' D'Aguilar whom the defendant had encountered , had desired
General
him to pull up, but without effect, and then called out : " Is
D'Aguilar
and public there no Police to take notice of this ? " Upon which Mr. May,
comments.
who was present, replied that defendant would be summoned ."
Subservient
This case was considered as fresh evidence of the objection-
Magistracy.
able nature of the Police establishment and of the subservient
Magistracy. Both were under the control and influence of the
Executive, and, until the connexion ceased , no effective Police
or impartial Magistracy could be expected . As to General
General
D'Aguilar D'Aguilar, he had made himself somewhat conspicuous in his
considered eccentric conduct on various occasions. From his actions it was
eccentric.
supposed he had passed his life among Helots and that he knew
little of the manly independence of a British community.
Reference was then made to his stoppage of the bamboo - beating
by watchmen in August, 1844 ; his interference with Mr. Welch
who had some singing in his house, in September of the same
year, and to his almost daily assumption of the duties of a
constable in rebuking those who rode past him on the road,
and after more abuse had been heaped on him, the General was
asked how he could reconcile his treatment of others with the
" bacchanalian orgies " which had been heard in his own house
"on the evening of the Sabbath ."
Frequent Murders were becoming frequent amongst the Chinese and
murders
amongst the gallows , which had by this time been frequently in use,
Chinese.
did not seem to be a great terror to evil -doers in Hongkong.
The gallows
no terror. A Chinaman named Ching Afat sentenced to death on the
Execution of 28th May, as stated in the account for that session , for murder-
Ching
His Afat. ing a countryman of his on the 29th April, was executed at
resistance on daybreak on the 6th June. The unfortunate man used every
the scaffold . means in his power to resist a death which Chinamen regard
Death by
as peculiarly ignominious. He refused to walk to the place of
hanging
regarded as execution and had to be carried in a chair . On the scaffold he
ignominious resisted being placed on the drop or having the rope fastened
by Chinese.
round his neck.
THE NOTORIOUS PIRATE CHUN TEEN SOONG. 97
On the 13th June, the appointment of Mr. P. C. McSwyney, Ch. HII § III.
as Coroner was gazetted , as from the 29th May. The attack 1846.
Mr. P. C.
and murder of the captain and part of the crew of the Privateer , McSwyney ,
a schooner laden with opium, on the 14th June, created some Coroner.
sensation in the place. This was one of the most daring cases Daring
of piracy recorded for a long time past, and the continued piratical
attack on the
exertions of the authorities did not go altogether unrewarded, Privateer
one of the miscreants being afterwards arrested and con- opium ship .
victed. This notorious pirate, named Chun Teen Soong, was Conviction of
tried and found guilty at the first session of the Court of the notorious
pirate Chun
Admiralty held in Hongkong on the 14th January, 1847. On Teen Soong.
his way to the place of execution , Chun Teen Soong appeared His
perfectly cool and indifferent, frequently smiling upon his on indifference
the
countrymen as he passed them . He had embraced Christianity scaffold.
and was attended by the Reverend W. Gillespie. He acknow-
ledged his guilt and said that he deserved to suffer, as he had
been concerned in no less than nine acts of piracy accompanied Confesses to
nine acts of
by murder. He also gave other information which, it was piracy and
hoped, would lead to the apprehension of his accomplices. murder.
Mr. Bruce, the Colonial Secretary, who had been on short Departure of
vacation leave the previous year, proceeded to England on six- Mr Bruce,
Colonial
teen months' leave, on the 23rd June, by the P. & O. steamer Secretary.
Lady M. Wood. The following changes took place in conse-
quence : Major Caine to officiate as Colonial Secretary ; Mr. C. Changes in
B. Hillier to perform the duties of Chief Magistrate, vice Major consequence,
Caine, and Mr. C. G. Holdforth, the Deputy Sheriff, to perform
the duties of Assistant Magistrate, vice Mr. Hillier . A curious Mr. Bruce
fact in regard to Mr. Bruce's departure was, that the London appointed
Lieutenant-
Gazette of the 27th June, four days after his departure from Governor of
Hongkong, contained a notification of his appointment as Lieut- Newfound-
land.
enant-Governor of Newfoundland.
On the 23rd June it was announced locally that there was Arrival of
a prospect of a barrister of " extensive legal acquirement and Mr.N.
D'Esterre
experience settling in the Colony," and, besides his profes- solicitor.
Parker,
sional ability, he was represented as a gentleman who would
be a " welcome acquisition to the society of the place." No
name was cited, but not long after, on the 29th July, Mr.
N. D'Esterre Parker was admitted to practise in the Supreme
Court. He was a solicitor, so the announcement mentioned
above may not have referred to him. The following was Mr. He advertizes
himself.
Parker's advertisement in relation to himself :-
IN THE SUPREME COURT OF HONGKONG,
Mr. N. D'Esterre Parker, Solicitor of the High Court of Chancery, and
one of the Attorneys of Her Majesty's Courts of Queen's Bench, Common
Pleas, and Exchequer in Ireland, has been duly admitted to practise as a
Solicitor, Attorney, and Proctor of the Supreme Court of Hongkong. Mr.
98 HISTORY OF THE LAWS , ETC. , OF HONG KONG.
Ch. III § III. Parker is likewise a legally constituted Public Notary of the High Court of
-
Prerogative of England. Offices at Messrs. Bowra & Co.'s, Queen's Road .
1846.
Action On the 27th June, an action was heard by the Chief Justice
against at the instance of several Chinese boatmen in the service of the
Captain
Coates of the Opium Farmer named Acqui, a man who was said to exercise
Bomanjee
Hormusjee much influence for good or evil amongst his countrymen in
for damages.
Influence of Hongkong, against Captain Coates, master of the vessel Bo-
Acqui, manjee Hormusjee. The plaintiffs had been tried at the May
Opium
Farmer. Sessions on a charge of piracy, when they were discharged for
Plaintiffs want of jurisdiction . They now sought compensation for
previously illegal detention on board the vessel named, when they were
tried for captured by the defendant and handed over to the Police. The
piracy.
Chief Justice, in delivering judgment, considered the detention
They seek
compe nsati on was not justifiable, but showed his conviction that the plaintiffs
for illegal had suffered no great damage and the defendant had been
detention on
acquittal. actuated by no improper motive, by awarding the plaintiff's only
Chief Justice 50 cents damages. This case formed the subject of much
marks his public discussion . The law was ill adapted which could permit
indignation
by awarding such proceedings, and where the Police were so few and criminals
50 cents so plentiful. Captain Coates, in acting as he did, had shown
damages.
much public spirit, and but for the objection raised by counsel
Comments
upon the law on their behalf when on their trial and sustained by the Court,
on the the charge would certainly have been brought home to them.
subject and
public Much sympathy was therefore due to the defendant for his
sympathy praiseworthy action in this matter, and severe were the stric-
with
Coates.Captain tures passed upon the counsel who had conducted the case on
behalf of the plaintiffs.
Departure of The Governor, Sir John Davis, accompanied by his aide-
Governor
Davis to de-camp, Lieutenant Sargent, and the Chinese Secretary,
Chusan.
General the Reverend Charles Gutzlaff, left by H. M. S. Vulture
D'Aguilar on the 2nd July for Chusan, Major - General D'Aguilar
assumes
administering the Government in the interim. This visit was
charge.
generally believed to be in connexion with the handing over of
Chusan Chusan to China. The rumour to this effect proved to be correct,
restored to
China. for, on the 16th July following, the Governor , from on board the
Governor's Vulture, issued a proclamation that Chusan had been restored to
Proclamation China in conformity with treaty engagements, and that after the
and
warning as departure of the 98th Regiment , any person visiting the island
to Chusan.
would become liable to the penalties provided by the 4th article
of the supplementary treaty. The following was the pro-
clamation : -
PROCLAMATION.
The island of Chusan, having been restored to the Emperor of China in
conformity with treaty engagements, is no longer to be considered as one
of those ports or places with which trade is permitted . British subjects are
therefore warned that after departure of Her Majesty's 98th Regiment, which
is fixed for the 22nd instant, any person resorting to the island, or to any
CHUSAN . 99
of its dependencies , will become liable to the penalties provided by the 4th Ch. III § III.
article of the supplementary treaty. 1846.
God save the Queen.
J. F. DAVIS .
Given on board Her Majesty's Steam Vessel Vulture, this 16th day of July,
1846.
It may not be inappropriate to note here, that we first
occupied Chusan in 1841 , and that we gave it back to China on
the 25th July, 1846 , under the following clauses of a Convention
dated 4th April, 1846 :-
"It is stipulated on the part of His Majesty the Emperor of China that,
on the evacuation of Chusan by Her Britannic Majesty's forces, the said
island shall never be ceded to any other Foreign Power.
Her Britannic Majesty consents, upon her part, in the case of the attack of
an invader, to protect Chusan and its dependencies, and to restore it to the pos-
session of China as of old ; but as this stipulation proceeds from the
friendly alliance between the two nations, no pecuniary subsidies are to be
due from China on this account."
The divorce suit of Matthyssons v. Matthyssons, came before Important
divorce
the House of Lords on the 2nd July, before Lord Cottenham suit :
and other Peers with the learned Judges. The petitioner, a Matthyssons
British merchant at Macao, left that place for a voyage to v. Matthys-
sons.
Australia leaving his wife behind under the protection of her
brother, Mr. Adam Wallace Elmslie, the then Secretary to Sir Mr. A. W.
Henry Pottinger, the British Plenipotentiary in China and Elmslie,
Secretary to
Governor of Hongkong, and during his absence she carried on sir H.
Pottinger.
an adulterous intercourse with a merchant ofthe name of George Mr.
* G. T.
Thomas Braine. In his examination, the petitioner stated he Braine.
could not bring an action for damages against the latter as he
was beyond the jurisdiction of the Courts of Judicature in
England, and that he had obtained a definitive sentence of
divorce a mensâ et thoro against his wife in the Consistory Court
of London in November, 1845. This case is now noticed
owing to the parties to it being well-known in the Colony,
apart from the interest it also evoked through Sir Henry Pot-
tinger being a witness in it and the comical attitude of a Chinese
woman when before the Court in regard to the taking of an Chinese
oath. On calling the Chinese woman, with a gentleman who oaths.
acted as interpreter, -
"Lord Brougham inquired whether it was not required of her to break a
saucer before she gave her evidence ? *
The interpreter said that she was very reluctant to be sworn a second
time, and that her gods would be very angry with her.
Lord Brougham.-Tell her that her gods will punish us and not her, if
anything wrong is done.
The noble Lord evidently here had in mind the case of Regina v. Entrehman and
Samut, Car. & Mar. 248. On the question of Chinese oaths, see further Chap. XII., infrà.
100 HISTORY OF THE LAWS, ETC. , OF HONGKONG .
Ch. III § III . The interpreter endeavoured to induce her to take the oath, but she still
declined.
1846.
Lord Brougham. - Tell her that no calamity can befall her if she will
consent to be sworn.
She still persisted in adhering to her religious opinions. After several
ineffectual attempts to have her sworn,
Lord Brougham said to the interpreter.-Tell her that we shall be under
the necessity of committing her to prison if she will not be sworn.
She ultimately consented to be sworn .
After Mr. Austin, who appeared for the petitioner, had read a letter ad-
dressed to Mrs. Matthyssons by Mr. Braine,
The female Chinese, whose name was Kowhan, was then called in and
Lord Brougham desired the interpreter to tell her " that now she has been
sworn in " (this was done with the formality of breaking the saucer) —“ if sho
does not speak the truth, her gods will punish her ."
The interpreter then made her acquainted with the noble and learned
Lord's remark.
Lord Brougham .--Now ask her " who are her gods " ?
In reply she said, through the interpreter, that the Chief was Buddah.
Lord Brougham. - Then tell her that Buddah will punish her most severely
if she does not speak the truth ; and that she will also be punished in this
world if she does not speak the truth.
This observation being explained, she replied , in Chinese, " I will speak
the truth."
The witness was then examined . She spoke of familiarities such as
kissing.........
Lord Brougham. -What is the word " kiss " in the Chinese tongue ?
'Kiss' in The interpreter. " Suisui ."
Chinese.
t .....
Matthyssons' The Bill was then read a second time.
Divorce Bill
read a second
time. Complaints against the European Police, noticed early this
Complaints year, again began to be heard. On Sunday, the 5th July, two
against European policemen, named Patterson and Swimmer, and a
European
Police. Chinese policeman, extorted ten dollars from an opium seller.
Extortion. A coolie was sent to the shop, it being against the regu-
lations to have such establishments open on Sunday, and
begged that he might have some opium, as he had forgotten to
purchase some on Saturday night and could not exist without
it. The dealer was prevailed upon and acceded to his request,
but no sooner was the transaction closed when the three men
pounced upon their victim and mulcted him of $ 10 hush-money.
These policemen were reported to be getting worse and their
superior officers callous at their doings, and so long as these
The Chief iniquities were permitted , no reform could be looked for. The
Magistrate
again as Chief Magistrate was still practically the head of the Police and
This is evidently a misprint for ' tuisui ' which is the word in the mandarin dialect for
'kissing.'
The London Mail, July 7, 1846, See Lords' Journals, Vol: 78. , 831-2,858.
CHINESE SYSTEM OF PROSTITUTION DISCLOSED . 101
was said to have interfered greatly with the new Superintendent, Ch. III- § III.
Mr. May, and his Inspectors, especially by his disposition to 1846.
support the disreputable men who had been discarded from Head of the
Police.
the Army and taken into the Force. Bribery, robbery, perjury, His
and connivance at the escape of prisoners constituted some of interference
with Mr.
the charges now levelled at the European Police. Tried for May, the
extortion in connexion with the above case on the 10th Novem- Superinten-
dent.
ber, these three men were discharged on a technical point raised Charges
on their behalf, and as to their ultimate fate the records do not levelled at
the Police.
speak.
On Wednesday morning, the 15th July, at half past six, convicts Escape of
three prisoners, Sinclair, formerly gunner of the Ariel (con- Sinclair,
demned to transportation for life for piracy at the June Sessions, Ross, and
Walker.
1845 ) , Ross , a black ( 15 years for cutting and maiming) , and a
soldier of the name of Walker ( 14 years for striking his ser-
geant ) , escaped from Gaol, having succeeded in cutting their
irons with a saw made out of a razor. The Deputy Gaoler,
accompanied by two Police officers, pursued them over the
hills at Kowloon, where they met the convicts returning They give
with the intention of giving themselves up to the authorities, themselves
after having been stripped and maltreated by the Chinese, and up afternt
treatme ill-by
perceiving no prospect of effecting their escape from justice. Chinese.
A Coroner's inquest, held on the 15th July upon the body Coroner's
of a Chinese woman of the prostitute class , disclosed facts inquest upon
body of a
which are perhaps not of rare occurrence in these parts. Chinese
It consists in the practical abandonment of an inmate of prostitute.
Abandon-
a brothel on the woman becoming so diseased as to be of ment of
no more ' profit ' to her keeper, the sole object in view there- brot
inmate
hel of
on
fore, being to get rid at all risk of the slave. In the case under becoming
consideration , the facts elicited were none the less abominable diseased.
and aggravated by the extraordinary verdict of the Jury under Object
view. in
the guide of a Coroner presumed to be a man of some legal Extraordi
experience. A young woman, a prostitute in the Taipingshan nary of theverdict
Jury
district, being afflicted with a lingering disease, and after having in the case.
been ineffectually treated by native doctors , her mistress, a woman Facts of the
named Chui A Kwei, " lest her house might be defiled by the case.
girl remaining there, " ordered the miserable creature to be car-
ried out almost naked, and left to perish in the open waste on
the hill-side. There could be no doubt that death was thus Death of
deceased
hastened and premeditated , and yet the Jury gave in a verdict premedi.
"that the deceased died by visitation of God, but that her tated.
mistress was highly censurable for inhumanity towards de-
ceased," and this was accompanied with a magisterial admoni- Curious
admonition
tion from the Coroner that " had the Jury advanced a step of Coroner.
further, he should have deemed it a duty, demanded of him by
every principle of justice, to commit her for trial at the next
102 HISTORY OF THE LAWS, ETC. , OF HONGKONG.
Ch. III
- § III. Criminal Sessions of the Supreme Court." The woman was
1846. desired to warn keepers of brothels not to expose sick prosti-
tutes in the fields or by the public roads under pain of the
consequences that must for the future inevitably follow any
such proceeding. From the evidence there could have been
The keeper of but little doubt that the keeper was guilty of murder, and that
the brothel
was guilty she should have been committed upon that charge which would
of murder. have been a much more effectual mode of preventing the repeti-
Such
atrocities tion of such savage crimes than the Coroner's warning. The
common facts, moreover, implied that such atrocities were frequent among
among the the Chinese and had been common here, and the case only
Chinese .
increased the surprise that an instance so completely brought
home should have been passed over with minatory generalities
about " consequences that must for the future inevitably follow
such a proceeding !
The keeper It was, in short, a case of deliberate murder for which there
fined for
was no excuse. The woman Chui A Kwei was afterwards pro-
'exposing '
the girl. secuted before the Assistant Magistrate for ' exposing ' the girl
and fined twenty dollars, though under what law is not ap-
parent, but at all events it was hoped that this sentence would
have a much more lasting impression upon her than the
Coroner's admonition after the stupid verdict of the Jury
Incapacity of recorded above. There was no doubt that this was again
judicial
officers. another instance of the incapacity of some of the judicial officers,
and at this distance of time one cannot but readily believe how
Incompe well founded were some of the grievances in regard to the admi-
tency of
Coroner nistration of justice in Hongkong. Mr. McSwyney, through his
McSwyney. action in this inquest, had proved how incompetent a Coroner
The Duncan he was, and after his further behaviour in the Duncan- Jenkins
Jenkins
affair. affair mentioned hereafter, no wonder he received his congé
Mr. R. from the Government. On the 16th July, Mr. Robert Ruther-
Rutherford, ford was appointed one of the appraisers of the Supreme Court
Appraiser of
the Supreme under its Ecclesiastical Jurisdiction .
Court.
Flogging. The system of flogging in vogue in the Colony and the fre-
quent and heavy sentences passed in the Police Courts ended
Dr. Bowring in attracting attention at Home. On the 5th August, Dr.
moves House
of Conmouse Bowring called the attention of the House of Commons to the
y 54 men punished
about
the men of subject, and particularl to the case of the
54 case
flogged. on the 25th April. * The proceedings before the Magistrates
had often engaged public notice, and at various times some of
the sentences had called forth, rightly or wrongly, public
censure. For the most trifling offences, it had been alleged,
the lash was unsparingly used in most instances where some
unfortunate Chinese had omitted to take out a registration
ticket, while the lawless ruffians who congregated in the town
* Antè p. 92 .
DR. BOWRING'S MOTION ON FLOGGING IN HONGKONG . 103
and confined their depredations to piracy or highway robbery, ch . III § III.
were allowed to go about with impunity, the Police not taking 1846.
any trouble about them. Many were the abuses in Hongkong
and many were the changes asked for, but in no Department
apparently was abuse more glaring than in the Magistracy,
and among the numerous requirements none was more urgently
asked for than a properly qualified Chief Magistrate and an
independent head of Police.
The following was Dr. Bowring's motion in the House of
Commons :-
"FLOGGING AT HONGKONG."
"Dr. Bowring rose to put the question, of which he had given notice,
whether the attention of the Government had been called to the frequent
application of flogging as a punishment for petty offences in the island of
Hongkong, it being stated that no less than 54 persons were so punished on
Saturday, the 25th day of April last, for not having obtained tickets of
registration, and after such infliction, were delivered over to the Chinese
Authorities to be subjected to further penalties under the criminal code of
that Empire ? From all he could learn, the use of flogging was habitual in
the Colony of Hongkong, it was frequently applied , and the extent to which
the lash was used was almost incredible. The Chinese, for the most trivial
offences, were publicly scourged, and he wished to know whether any steps
had been taken to put a stop to these barbarities.
Mr. Hawes said the Government had no accounts of any proceedings of
the kind alluded to by the honourable member. He could not find any power
by which personal punishment was inflicted, and care should be taken that a
searching inquiry should be made by the next mail into the circumstances of
the case. The proper punishment, so far as he could learn, was by fine and
imprisonment." #
The records do not show that anything ever came of this resorted
Floggingto.
less
motion. On the contrary, as will be seen hereafter, although,
after Dr. Bowring's motion , flogging was less resorted to as
a punishment, it was nevertheless applied again after a time,
the necessity doubtless demanding it. Many of the men flogged,
however, were reported to have been utter strangers to Hong-
kong, some of them passers -by on their way to neighbouring
places, and who on coming ashore were pounced upon by the
Police for registration tickets, the necessity for which they were
totally ignorant of, and hauled off and treated as vagabonds.
In mitigation of the evils complained of, though an elective Unofficial
members of
Legislature was considered out of the question , it was hoped that the Legisla
the day was not far distant when a few of the leading members tive Council
desired.
of the community would be called to the Council to advise
Comments
the Government upon local needs . As to the Magistracy, it upon the
was not independent. The duties were performed by two paid Magistracy.
This was no doubt true, but other punishments were sanctioned under another
Ordinance-No. 10 of 1844,-the last section of which contained the following provision: -
"XXV. And be it enacted, that in lieu of the whole or any part of any penalty,
provided by any law, statute, or ordinance whatsoever, it shall be lawful for the Court,
or Justice, before whom the matter shall be adjudicated upon, to sentence any offender,
being a native of China, or a native of Hongkong of Chinese origin, to undergo such
punishment, in conformity with the usages of China, as has hitherto been usually inflicted
on natives of China, committing offences in this Colony."
104 HISTORY OF THE LAWS, ETC., OF HONGKONG.
Ch. III
- § III. servants of the Colony, from whose decision there was no appeal.
1846. An unpaid Magistracy might not be an undesirable thing ;
indeed of the qualification of the holders of the magisterial
appointments there was but one opinion, and the evils caused
by their ignorance, incompetency, and subserviency to their
superiors was a matter of general notoriety, and under the cir-
Honorary cumstances it was thought that honorary justices selected
Justices.
amongst the leading residents might give more satisfaction.
Comments The Chief Magistrate, Major Caine, was an Anglo- Indian, " a
CaineMajor
upon as a soldier since he was strong enough to carry a drum," ignorant
Magistrate. of all law except martial law, and who had boldly asserted that,
as flogging and branding were punishments then inflicted upon
soldiers, so ought they to be inflicted upon natives of the Colony.
Upon these principles he had acted since his tenure of the magis-
tracy, and the records ofhis Court showed that for the most trivial
Comments offences men had been sentenced to the lash. His assistant,
upon Mr.
Hillier, Mr. Hillier, had been trained under his eye. He was a gentle-
Assistant
Magistrate. man of absolutely no legal training. Originally the second
No legal mate of a merchant ship, Sir Henry Pottinger, who appeared to
training . think " that anybody would do for the bench," was induced to
His previous appoint him assistant to Major Caine, and since the latter had
career.
been officiating as Colonial Secretary, his pupil had held the
office of Chief Magistrate, in some instances acting under direct
Uncharitable instructions from the Governor. Uncharitable remarks , un-
remarks.
Cases of doubtedly, but nevertheless to a great extent true. As an illus-
partiality tration of the cases of partiality and subserviency shown by the
and
subserviency Magistrates, it was alleged that once the Governor , observing a
of the Chinaman cutting grass in the vicinity of Government House ,
Magistracy. had the man arrested and sent to the Police. The next day
the Superintendent of Police informed the Magistrate (doubtless
according to instructions ) that he did not intend to prosecute,
notwithstanding which the Magistrate replied that he would pro-
secute, and thereupon sentenced the man to be flogged. On
another occasion, a member of the Government returning from a
dinner party much intoxicated was followed by an Indian police-
man who feared he would fall from his horse. As a reward for
his kindness when the gentleman arrived at his house, he dis-
mounted and kicked the policeman . On the Superintendent
of Police applying for a summons the next morning against the
No
delinquent, the summons was refused . As thus constituted , no
impartiality,
impartiality could be expected , and some ofthe grievances were,
Crime. no doubt, well founded . The roads were now infested by robbers,
Government for the conviction of any one of whom a reward of one hundred
rewards.
dollars was offered by the Government, and things had got to
be so bad that the public were advised by the authorities not to
proceed to any distance from Victoria either alone or without
Sepoys
attacked. arms about them. Three sepoys going from Hongkong to
EXTRADITION OF PORTUGUESE SUBJECTS. 105
Chuck-chu ( Stanley ) on Saturday, the 15th August, were Ch. III § III.
attacked by a party of Chinese robbers and ill- used. One of 1846.
them died in the military hospital the next day, both of the
others being wounded . No trace of the robbers was discovered .
The Executive appeared determined to maintain a reputation Action of the
Executive in
for consistency in setting at defiance well- known and long- the case of
established principles of the constitution of England. A Por-
the
Portuguese
tuguese subject named Marçal established himself in Canton asMarçal
an opium broker. After getting into credit, the man sold
charged
fraud. with
opium to the value of $ 60,000, receiving payment in cash, and,
as was usual then, giving the purchasers orders upon ships
moored in the outer waters . The orders were not honoured ,
the seller not having opium on board these vessels . In short,
the transaction was fraudulent, Marçal leaving Canton before
his knavery became known and taking refuge in Macao. On
the application of the parties defrauded, Marçal was arrested in
Macao, and had been confined for upwards of seven months
without being brought to trial . From causes which were not
made public, the Portuguese Government suspected that Messrs.
d'Assis, Pacheco, and de Mello, three Portuguese gentlemen, were The
the case of
in collusion with Marçal and had shared the spoil. The first of Portuguese
these gentlemen held the office of Deputy Judge of the Supreme d'Assis,
Pacheco, and
Court at Macao, the other two were merchants. It was alleged, de Mello in
however, that in bringing the charge against these individuals, collusion
with Marçal.
the Macao Government was actuated by motives not very credit-
able, the parties being men of influence and opposed to some of
the official measures. Warrants for the apprehension of d'Assis ,
Pacheco, and de Mello were accordingly issued by the Chief
Justice of Macao, previous to which the first two had sought They escape
to Hongkong
refuge in Hongkong and the latter in Canton. The Governor and Canton.
of Macao, acting upon the suggestion of the Chief Justice of The
that place, made the following application to Sir John Davis Governor
Macao asksof
for delivery of the persons of the three fugitives, though, from for surrender
the wording of his letter, it is very evident that he did not ofd'Assis and
Pacheco,
expect it would be successful, and the more so because, under
similar circumstances, he had himself refused to give up a
British subject who had fled to Macao.
Macao, 22nd August, 1846.
To
H. E. Sir JoHN FRANCIS DAVIS, Bart.,
Governor of Hongkong.
Sir, -Our Chief Justice forwarded to me the enclosed confidential commu-
nication, requesting me to ask of Your Excellency the delivery of Francisco
d'Assis, Cypriano Antonio Pacheco, and Alexandrino Antonio de Mello,
indicted in this Court for the crime of robbery, and who, it is generally stated ,
are at present living at Hongkong.
106 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. III § III. I hasten to communicate to Your Excellency this requisition, and trust
1846. that Your Excellency will kindly comply with it, should it not go against
the regulations of your government for similar cases.
I have, etc.,
JOÃO MARIA FERREIRA DO AMARAL,
Governor of Macao.
Mr. Hillier
under In direct opposition to the established usage of the British
instructions, Government (where special treaties have not been entered into
without any
treaty, issues for the mutual surrender of criminals ) the Acting Chief Magis-
warrant. viency,
trate, and
Mr. acting with
Hillier, under instructions,
his well-knownissued a warrant
incapacity and for the
subser-
apprehension of Pacheco and de Mello on the charge of the
Arrest of the robbery committed at Macao. The parties were arrested accord-
Portuguese ingly , and, after a night's confinement, brought before the
and
appearance
before the Magistrate on the 25th August, 1846 , but no one appeared to
Magistrate. prosecute , nor was there the slightest evidence adduced against
Their the accused. When brought before the Court, it was objected
solicitor
by their solicitor that the letter of the Governor of Macao could
objects.
not be received in evidence until proved in the regular way,
which the Magistrate was not prepared to do, and there being
no witnesses to adduce, the immediate discharge of the accused
should have followed , on the very reasonable ground that the
Court had no proof before it of the crime charged in the warrant.
This course Mr. Hillier declined to adopt ; he appeared to be
on the horns of a dilemma and could neither do his duty nor
discharge it, and stated that before doing anything further in
Mr. Hillier the matter he would consult the Governor. He likewise refused bail
says he will
consult the or to give the prisoners time to apply to the Supreme Court for
Governor.
The same a writ of habeas corpus, and, to the astonishment of every one,
evening they the same evening, like convicted felons , they were put on board
are shipped
off to Macao. the Young Hebe and sent off to Macao !
Indignation The conduct of Sir John Davis was generally condemned and
in Hongkong, excited general indignation in Hongkong. Without reference
to the question of the guilt or innocence of the parties , justice
had been most certainly denied them, and herein now the
Magistrate had incurred a grave responsibility that raised a
question of international law, which even the ultimate convic-
tion of the Portuguese could not justify. The Governor had
committed himself and compromised the dignity of the Sovereign
whom he had the honour to represent. Even with a treaty,
the application of a foreign power for the person of a refugee
is always received with great caution. The surrender of these
men was considered a grave violation of national law tending
to degrade the country in the eyes of foreigners, who were thus
sceptical of our boasted privileges . After the Governor had
thus surrendered the victims who had claimed the protection
FLOGGING . 107
of our flag, on their arrival in Macao they were imprisoned for Ch. III § III.
a short time, and then held to bail, pending reference to the 1846.
Supreme Court at Goa. Shortly afterwards, the news reached
Hongkong that on the 15th September the prisoners had been
exonerated of the charges brought against them and discharged . Acquittal of
The knowledge that justice had been done to these people gave the prisoners
in Macao.
peculiar satisfaction here, owing to the treatment they had
received at the hands of the local authorities, as the opinion had
prevailed in Hongkong that the prosecution on the part of the
Macao authorities was entirely political, the accused being
strongly opposed to some of the measures of the Government.
On their release, the two victims of the acting Chief Magistrate, They sue Mr.
Mr. Hillier, now determined to sue him for damages before Hillier for
damages.
the Supreme Court, though this did not affect the question as
to whether he was justified in obeying the orders of Sir John
Davis. As will be seen hereafter, the action for damages , laid
at $25,000 , first came on before the Supreme Court in April , Action laid
1848. Sir John Davis had left about a month before. at $25,000.
Tenders for the passage to Singapore of four Indian convicts , Transporta-
and to Bombay of twenty-four Chinese convicts, were advertized tion of to
convicts
for by Government on the 28th August , but under what order andSingapore
Bombay.
is not apparent, for there had heen heretofore no proclamation
of transportation to either of these places , and, as will be seen
later on, the proclamation of the 12th December, 1846 , did not
relate to Bombay at all.
On the 3rd September, Major Caine, the officiating Colonial Major Caine,
acting
Secretary, was gazetted a member of the Legislative Council, Colonial
and on the 5th, Mr. Sterling, the Attorney- General proceeded gazetted
Secretary,a
on leave of absence for eighteen months, on sick certificate ; he member of
had thus been in the Colony a little over two years before taking the
Legislative
leave. That he had had an unusual amount of business to Council.
attend to, the records amply testify, and it is not to be won- Departure of
Mr. Sterling,
dered at that he now required rest. Attorney-
General,
Notwithstanding the cry against the enormities of human onleave.
flogging in the Colony, events showed that nevertheless it did His career in
not act as such a great deterrent after all, against crime amongst Hongkong.
the Chinese. On Saturday night, the 19th September, a police deterrentnot
aFlogging
constable recognized some old offenders amongst a gang of against
crime in
suspicious -looking coolies in the Queen's Road, and, suspecting Hongkong .
something wrong, concealed himself. Shortly afterwards , he Instance
quoted .
observed one of them, who had been flogged only the previous
day, carrying something concealed in his jacket and which was
afterwards identified as a lamp recently stolen . The police-
man who had arrested this man succeeded in capturing two
more of the gang connected with the former and who had also
Cutting of
been flogged and had their tails cut off for former offences . tails.
108 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. III III. They were now sentenced to " one hundred lashes and six months
1846. imprisonment each , with hard labour. "
Confirmation It was during this month the news reached the Colony that
of news of Mr. Bruce, the Colonial Secretary, who had proceeded on leave
the
appointment in June last, had received the appointment of Lieutenant-
Mr. Bruce Governor of Newfoundland , as before noticed .
of New-
to Nothing was
foundland.
yet known as to his successor, and the changes effected on
Ordinance his departure continued in force. Early in October Ordinance
No. 6 of 1846 , No. 6 of 1846 for the regulation of criminal proceedings in the
forregulation
of
Supreme Court during the absence of Mr. Sterling, the
proceedings
in the Attorney- General, was passed. Thereunder the Governor was
Supreme empowered to appoint temporarily a person to carry on
Court
absenceduring
of criminal proceedings only. No provision whatever was made
Mr. Sterling. for the performance of the other duties of the Attorney-
General, for reasons which may now strike one as very ap-
parent. On the 15th October, a Government Notification
appeared that, in consequence of the absence on medical certificate
of the Attorney- General, the Governor had been pleased, as a
Mr. N. D'E . temporary measure, to appoint Mr. N. D'Esterre Parker, a
Parker,
Crown gentleman previously mentioned herein, to perform the duties
Prosecutor . of Criminal Prosecutor. The confirmation of the Ordinance
which created this appointment was not received until the 23rd
Messrs. R. April, 1847. In the meantime Messrs . Richard Coley and
Coley and
Gaskell in W. William Gaskell, " Attorneys of Her Majesty's Court of Queen's
partnership. Bench at Westminster in England and Solicitors of the High
Court of Chancery," took occasion to announce to the public
66
that they had been duly admitted to practise as Attorneys ,
Solicitors, and Proctors of the Supreme Court of Hongkong,
and had entered into co- partnership . "
Inefficiency Irregularities and complaints about the inefficiency of the
of the
Magistracy. Magistracy, of which so much had been heard, now reached a
The crisis. On Tuesday, the 27th October, 1846, Mr. Duncan, a
Duncan-
Jenkins sailmaker, reported at the Central Police Station that his cook
episode. had absconded with $200 of his money, and as he thought it
Extraordi-
nary conduct probable that the thief would sail for Macao or Canton in the
of Mr.Hillier, evening, he requested the inspector would allow a constable to
acting Police
Magistrate, accompany him for the purpose of making a search. The
and of Mr.
McSwyney , request was acceded to , and Mr. Duncan, accompanied by some
Coroner. friends and Police Constable Jenkins, went in the evening to
search the boats. Having observed a suspicious - looking craft
near West Point, they gave chase, and on their approach the
crew, between 20 and 30 in number, jumped overboard . The
majority of them were picked up, though some, consisting
chiefly, it was believed , of the boatmen, reached the shore and
escaped, but five men were drowned in the attempt. While
Duncan and Jenkins were engaged in rescuing the men from
THE DUNCAN - JENKINS EPISODE . 109
the water, those in the Chinese craft pulled out to sea , but were ch. III § III.
pursued and captured . On board were found muskets, daggers , 1846.
spear-heads, and other suspicious - looking articles. The men
captured , to the number of thirteen , were next day brought
before Mr. Hillier, the acting Chief Magistrate . Four represented
themselves as residents of Victoria , but, being found to be unre-
gistered, were sentenced to receive 50 strokes of the rattan and
to be afterwards forwarded to the mandarins at Kowloon that
they might be sent to the places to which they belonged , the
remaining nine being treated as rogues and vagabonds and
imprisoned " with hard labour for three months and thereafter
to quit the island ." That these men were innocent of all crime,
having been arrested under suspicious circumstances only, and
had, moreover, been grossly ill-treated , there could be but little
doubt, especially those who had been delivered over to the Kow-
loon Chinese authorities, who, it was surmised, were not long
probably before despatching them where " the wicked cease
from troubling and the weary are at rest. " But it was now
left to Mr. McSwyney, the Coroner , to play a double part in
connexion with this matter. In his capacity of a solicitor, and
on behalf of the nine men imprisoned as above stated , he
moved the Court for a writ of Habeas Corpus, and on the 18th
November, on hearing the facts , the Chief Justice ordered the
discharge of the men. Messrs . Duncan, Jenkins, and party had
now also to answer for their action. At an inquest held ,
strangely enough, by Mr. McSwyney, as Coroner, upon the
bodies of four of the men afterwards picked up in the harbour,
which commenced on Thursday, the 29th October, and
terminated after three adjourned sittings on Monday, the 2nd
November, the Jury ( after retiring and having been shut up
six hours ) at 9 o'clock at night, returned with a verdict of Verdict of
manslaughter of the five men drowned, against Duncan and manslaugh-
ter against
Jenkins, and others who had accompanied them upon the Duncan and
excursion in question , and who thereupon were taken into Jenkins.
custody. Turning the tables upon Mr. McSwyney, on the Tables
18th November, the very day that the latter had obtained the turned
Mr. on
discharge of the nine men sentenced to imprisonment by Mr. McSwyney.
Hillier, Mr. Farncomb, solicitor, on behalf of Mr. Duncan , under
a writ of certiorari, obtained a rule calling upon the Coroner,
Mr. McSwyney, to show cause why the proceedings at the
inquest held by him as aforesaid , should not be quashed and
the prisoners forthwith discharged . On the 21st, the date on
which the rule was made returnable, Mr. McSwyney showed
cause. The proceedings showed that the Jurors had not sealed Irregularities
the inquisition ; that there had been a view of four bodies only at inquest
conduct ed
and not five, and that except one the rest had not been identified ; by Mr.
that the prisoners had been sworn and examined as witnesses ; McSwyney.
110 HISTORY OF THE LAWS , ETC. , OF HONG KONG .
Ch. III § III. that some of the witnesses had not been examined upon oath ; and
1846 . that, after the verdict of the Jury, the Coroner had granted bail
The Chief to the prisoners . The Chief Justice, after disposing of some of
Justice takes
Mr. the points raised by Mr. Farncomb, and taking the Coroner to
McSwyney task for presuming to accept bail for prisoners committed upon
to task.
his own warrant, asked Mr. McSwyney why he had failed to
examine some of the witnesses upon oath, to which he replied
" so far as his knowledge of the proceedings in the Police Court
extended, a simple statement was merely required , " which called
forth the remark from the Chief Justice that " this assertion was
too incredible, involving as it did so serious a charge of neglect
against the Stipendiary Magistrates." Asked whether he had
explained the law of homicide as it bore on the evidence to the
Jury, Mr. McSwyney replied he had gone very fully into the
matter. " It would appear," retorted the Chief Justice, " that
you have given them so much law as quite to stagger them in
coming to a verdict," and, after further commenting upon the
irregularity of the whole of the proceedings, he pronounced them
null and void, and made the rule absolute, ordering the discharge
Result of
official of the prisoners forthwith . The evidence of official incapacity was
incapacity. never more complete, for five men had met with unnatural deaths ,
Innocent thirteen presumably innocent men had been flogged and impri-
men flogged soned, and persons guilty of homicide had been set at large. The
imprisoned. public had thus been given another example of the laxity of the
law in Hongkong in extreme cases, and its injustice in others
of less importance. The 13 victims of magisterial incapacity
had been declared by the Jury innocent of all crime, but unfor-
tunately not until four of their number had undergone the
torture of the lash and been handed over to the Chinese author-
ities . The gross injustice of the treatment these men had
received could not be exceeded, and the obstinacy which still
sanctioned their punishment after it had been proved that the
men in the boat were inoffensive people and not pirates , as was
at first alleged, could not be too severely censured . When the
Mr. Hillier writ of Habeas Corpus was applied for, Mr. Hillier being
before the
Chief Justice, present in Court was asked by the Chief Justice whether the
nine men had not been sentenced by him merely " on a suspi-
cion of felony," and in the face of his own warrant, he replied
" No, my Lord, these men were punished under the vagrant law
of England "-a law, it was remarked , that did not apply to this
Colony. To add to the absurdity of the statement, it was
stated that the men were afterwards found to be passengers
who had taken their departure from Hongkong. " This mode
of trial," it was remarked , " may have answered very well , when
the black Douglases rode borders at the head of 1,500 men,
executing ' Jeddart justice ' upon outlaws and other offenders,
but in the nineteenth century it was hoped more regard was paid
THE INCOMPETENCY OF THE MAGISTRATES . 111
to form and to the impartial administration of justice ." Apart Ch. III
--- § III.
from the Executive authorities , it was presumed that the young 1846.
man who then held the appointment of Chief Magistrate, Mr. Public
opinion of
Hillier, had not become perfectly callous to human suffering, r. Hillier.
and that he felt some compunctions of conscience when he con-
sidered that, without proof of guilt and without the slightest
grounds for suspicion , he had unhappily perpetrated an act
which nothing could extenuate. Whether it was desirable that
the Magistracy of this Colony should be deprived of the power The abuse of
the power of
of inflicting corporal punishment upon the Chinese was a ques- flogging.
tion upon which many differed, but the culpable and negligent
manner in which the power was abused , showed that the Magis-
trates were unfit for the offices they held . That such was the A legally
conviction of the great bulk of the European inhabitants could qualified
not be disputed ; and the reputation of the Hongkong bench desired.
Magistrate
demanded that a legally qualified person should be appointed
to the position of Chief Magistrate, and that the important
duties of the bench should not be entrusted to " needy soldiers
and obscure adventurers ."
At the Criminal Sessions held on the 9th November, the Criminal
November
Magistrates again came in for censure. The Calendar was a sessions .
heavy one, but there were a number of cases which might have committed.
Paltry cases
been dealt with in a summary way, and in some instances the Magistrate
Ma
prisoners were discharged through neglect on the part of the censured.
committing Magistrate. It was discovered that it had here- Warrants of
commitment
tofore been the practice not to sign the warrants of commitment sealed but
but merely to affix the seal on them, and in one case at this not signed.
Sessions this was actually proved . On calling for the warrant
in connexion with a case before the Court, after looking at it
the Chief Justice pronounced it invalid, saying " it was a Justice's
Chief
worthless piece of paper," and adjourned the case, giving the opinion.
Crown Prosecutor, Mr. Parker, who now appeared under the
powers vested in him by Ordinance No. 6 of 1846, time to ascertain Ordinance
how far precedent had ever established the mere use of a seal No. 6 of 1846.
of office in lieu of the sign manual. His Lordship further
animadverted strongly upon the irregularity, and recommended
that all warrants issued be forthwith signed by one or other of
the committing Magistrates. In another case, as stated above,
the Chief Justice had occasion to comment upon the loose man- Loose
manner in
ner in which the evidence had been prepared , and remarked which
that " things were very slovenly managed and that some one taken.evidence
must be responsible for it." It was hoped, coming from the
quarter it did, such observations would be profited by. Colonial
Under instructions from the Secretary of State, on the 19th Secretary-
shi p and
November, consequent upon the promotion of Mr. Bruce, it was Auditor-
announced that the office of Auditor - General would be amalga- Generalship
amalga-
mated with that of Colonial Secretary and that, pending Her mated.
112 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. III III. Majesty's pleasure, both of these offices would be filled by the
-
1846. Honourable Major Caine, who now practically relinquished once
for all the onerous duties he had discharged for so long in con-
Major Caine nexion with the general administration of justice. Up to this
appointed
acting time, Major Caine had shown a dignified and exact discharge of
Colonial his official duties, and a more conscientious , zealous , and devoted
Secretary
and Auditor- officer it would have been impossible to find. The records
General. throughout up to this period, despite occasional unfavourable
His
promotion criticisms, show him as one thoroughly imbued with a deter-
well merited. mination to do his duty, and there could be no doubt that his
His past
career present promotion had been well merited . His first appoint-
reviewed. ment to the Colony dated from the 30th April, 1841 , when he
was appointed Chief Magistrate by Captain Elliot , Her Majesty's
Plenipotentiary, on the taking over of Hongkong, and no better
selection, having regard to his knowledge of local affairs espe-
cially, could have been made for the important position he was
now called upon to hold . The past showed the energy he had
displayed in his determination to put down the band of lawless
marauders that at one time infested the island . *
* The Naval and Military Guzette, of the 20th April, 1844, contained an article
eulogistic of the services of Brevet- Major Caine, who had now, as stated above, become the
Colonial Secretary, and considering his long services in Hongkong, it may not be con-
sidered inappropriate even at this stage of his career to notice his earlier services.
Writing on above date, the article proceeded : -
"Brevet-Major Caine, of the 26th Regiment, has now served his country nearly thirty
years his first commission being dated July, 1814. During this long period , he has
served uninterruptedly in India and China, without once obtaining furlough. He is a
Lieutenant of June, 1819 ; a Captain of December, 1827 ; and a Brevet-Major of December,
1841. Major Caine served in the Nepal war of 1815, and was present with the Light
Company of the 17th Foot, at the action of Jeetgurh. He likewise served in the Deccan
War, and at the victory of Jhubbulpoor slew with his own hand, in defence of the regi
mental colours, an Arab Chieftain. When the British forces invested Bhurtpore, under
Lord Combermere, the subject of this sketch, who had exchanged to the 14th Foot, was
appointed Brigade-Major to the 1st Infantry Brigade, and, during the progress of the
siege, rendered important services. On the morning of the storm ( 18th January, 1826),
he killed three of the enemy in personal combat ; and, when the ammunition of the
advanced column of the 14th had been expended, led a small party of volunteers over a
rampart of considerable extent, which had been re-manned by the enemy, through whom
he successively cut his way, and returned with reinforcements as well as ammunition. On
this service he was wounded in the foot by a grape-shot, whilst charging the enemy's
guns. Major-General Sir Thomas Reynell thus acknowledged in his despatch the gallant
deeds we have just noticed : - Major Everard reports that Brigade- Major Caine, of
H.M.'s 14th Foot, accompanied him throughout, and distinguished himself particularly.'
On two occasions the subject of this tribute of friendship (for we are indebted to one of
his old comrades for these details) volunteered to lead the Forlorn Hope.
In the 14th Foot he was regimental Judge- Advocate, and frequently performed the
duties of Adjutant. He also on many occasions officiated as Deputy Judge- Advocate-
General of the Meerut Divisions, as well as Brigade- Major of that station.
In 1834, when the force was ordered against Joudpore, Major Caine (now in the 26th
Foot) was appointed Brigade- Major to the 1st Brigade, under General Oglander, but
Mann Sing having come to terms before the investment of his fortress, this brigade was
countermanded whilst en route to Marwar. On the force being detached for service in
China, Major Caine, then only a Captain, was at first selected as Adjutant-General, but it
having been afterwards determined by Government that the heads of departments should
consist of Field Officers, Lieutenant-Colonel Mountain-than whom a better nomination
could not have been made-was gazetted to the situation. The appointment of Deputy
Judge-Advocate-General was then tendered, but the Major preferred remaining on the
staff of the ever-to-be-lamented General Oglander, on which he had been serving since
1839, to accepting a situation comparatively of a civil character. At the capture of
Chusan, he commanded the Grenadier company of the Cameronians, and after the fall of
MAJOR CAINE . 113
As will be seen, it was not until April, 1847 , that he was Ch. III § III.
confirmed in the appointment . 1846.
Fees payable on the insolvency side of the Supreme Court Fees on the
which had been passed by the Court under Ordinance No. 3 of insolvency
side of the
1846 " for the relief of Insolvent Debtors, " were duly published Court.
on the 19th November. On the 23rd ofthe same month, Govern- Ordinance
No. 3 of 1846,
ment, as in August last, called for tenders for passage to Bombay Transporta-
of thirty-one Chinese convicts, and to Singapore of transported
seven other tion of
convicts. Under what orders these men were to be convicts to
Singapore
to the places mentioned , as stated before, is not apparent, as the and Bombay.
proclamation of the 12th December, hereinafter mentioned, was
yet quite unknown , although it may be that from Bombay, as Convicts
the most convenient station , the convicts could have been taken taken to
Scinde.
over afterwards to Scinde.
that island, was appointed one of the British Commissioners, as also Chief Magistrate of
the place. But it is not as the mere soldier that Major Caine is known in India ; his
polished manners, honourable character, and general ability, obtained him the esteem and
friendship of a succession of General and other officers on whose staff he had served.
General Hardyman, Colonel Edwards (killed at Bhurtpore) , Brigadier McCombe, Sir
Samford Whittingham, Major-General the Honourable John Ramsay, and lastly General
Oglander, the good and the brave,' have successively been his friends and supporters.
Even in a higher quarter his merits were appreciated in a distinguished manner, he having
been selected as aide-de-camp, in 1839, by the Governor of Bengal to accompany Prince
Henry of the Netherlands, from Calcutta to Lucknow, Agra, and Delhi.
In May, 1841 , he was specially chosen to fill the important and arduous post of Chief
Magistrate of Hongkong. Cast, as it were, on the side of a barren mountain, with literally
nothing but a mat hut to shield him from the weather, the Chief Magistrate ' was left to
his own resources for an establishment.' Without architect or engineer, a suitable gaol,
Court House, etc., rose under his indefatigable industry and auspices ; and where the wild
dog howled three years ago, the houseless stranger, or old friend, now finds a warm and
hospitable reception. Frequently did he solicit , during the progress of the war, to be
allowed to join his regiment ; but the discriminating statesman at6 the head of affairs in
China had found in him a man capable of something more than hunting down the long
tails. The subjoined reply to one of his applications, needs no comment ; and only
requires to be known in the proper quarter to be fully appreciated :---
Ship Louisa, off Canton, May 22nd, 1841 .
Sir,-With reference to your note of the 19th instant, just received , wherein you request
that you may be granted ten days' leave to rejoin your corps during the present opera-
tions against Canton, I am directed by the Chief Superintendent to inform you, that he
regrets he cannot deem it right to accede to your request. The duties of your office at
Hongkong will not permit you to leave that place at a moment when no other officer of
the Government is on the spot, and the Chief Superintendent is well assured you must
feel with him, that, while in the office you now hold, it necessarily becomes your duty to
forego (however painfully) the privilege of being with your corps on any military opera-
tions in which it may be engaged.
I have, &c.
(Signed) J. R. MORRISON,
Acting Secretary and Treasurer.
Captain CAINE,
Chief Magistrate, Hongkong.
...........
The services of several of those on whom Fortune poured her favours so lavishly in
China, would not bear a moment's comparison with those of Major Caine. But, unfortu
nately, that officer's early achievements were performed in the humble grade of subaltern-
a rank, the bright deeds of which, like Sydney Smith's American Bills, have been too
often 6 repudiated.""
114 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. III § III. The Government had now determined to carry out some
1846. reform in regard to the frequent complaints heard latterly in
Mr. connexion with the administration of justice, and it must have
McSwyney
removed been with some satisfaction that the removal of Mr. McSwyney
from the from the Coronership on the 24th November was received . The
Coronership . Government then " relieved him from that office, " and appointed
Mr. N. D'E. Mr. N. D'E. Parker, in his stead. At this distance of time it
Parker
succeeds him , seems a wonder even that, after his extraordinary remissness in
connexion with the verdict returned by the Jury in the case ofthe
abandoned prostitute noticed in July last, that the deceased had
died by visitation of God and not through the wicked agency ofher
mistress, when the facts had been so clearly made out, he should
have been allowed to continue in the office at all ; and the result
of the inquest in connexion with the Duncan-Jenkins episode
already mentioned had doubtless hastened what, after all, must be
looked upon as a dismissal from office . As will be recollected ,
Mr. McSwyney was originally Deputy Registrar of the Supreme
Court, and had resigned office on the 1st May, 1845 , on admis-
sion to practise as a solicitor.†
* Antè p. 101.
See further in reference to Mr. McSwyney, Chap. XI., infrà.
115
CHAPTER IV .
1846 .
The Compton Case.--Appeal against the decision of H. M. Consul at Canton. - Con-
viction of Mr. C. S. Compton.-He is fined $200 for assault, etc. - Consular Ordinance
No. 2 of 1844.-Governor Davis confirms the sentence. His directions to the Consul.-
Consular Ordinance No. 5 of 1844.-Consul's proceedings a series of blunders.- Mr.
Compton appeals to the Supreme Court. -Consul McGregor's letter to the Registrar.--
Consular Ordinance No. 7 of 1844.- Chief Justice quashes the conviction. - The decision.
-Local and Home views of the case. -Lord Palmerston's despatch.- Lord Palmerston
and British subjects in China. - Result of Mr. Compton's complaint against the Consul
and Sir J. Davis to the Home Government. -Opinion of the Law Officers of the Crown
upon the Compton Case. - Lord Palmerston's instructions to Governor Davis regarding
Mr. Compton's conduct.-Governor Davis' uncalled-for strictures upon the Chief Justice
respecting the Compton Case. - Governor Davis as regards the result of the case.- Public
interest in the Compton Case. -Resolutions.-Petitions to Houses of Parliament.- Lord
Brougham.- Mr. T. Duncombe.- Publication of the papers for presentation to Parliament.
-The Compton Case the first appeal to the Supreme Court against a Consular decision.-
Charge against the Chief Justice by Governor Davis.
Chap. IV.
On the 26th November there was heard before the Chief Justice The Compton
an appeal case against the decision of Her Britannic Majesty's Case.
Appeal
Consul at Canton , who, by direction of Her Majesty's Pleni- against the
potentiary, had fined a Mr. Charles Spencer Compton , a British decision
of H. M.
merchant at Canton , $ 200 , for kicking over a fruiterer's stall on Consul
the 4th July, and beating with a cane a Chinese officer who at Canton.
Conviction
came out to admonish and stop him, and also with having on of Mr. C. S.
the 8th July beaten certain other Chinese and thereby excited the Compton.
He is fined
riots and bloodshed which had taken place on the latter day, and $200 for
in which three Chinese were killed . It was alleged that by Mr. assault, etc.
Consular
Compton's conduct the peaceful relations between the two coun- Ordinance
tries had been endangered . The fine of $ 200 was inflicted under No. 2 of 1844.
the Consular Ordinance No. 2 of 1844 for upsetting the fruit stall Governor
Davis con.
on the 4th July, and for pushing aside a Chinaman on the firms the
8th, which, it was stated, led to the riots previously mentioned . sentence.
His direc.
Sir John Davis approved and confirmed the fine, but directed tions to the
that it should be imposed under Consular Ordinance No. 5 of Consul.
Consular
1844, on the ground that Mr. Compton's conduct was a breach of Ordinance
the treaties with China and, as such, liable to punishment in a No. 5 of 1844.
Consul's
summary manner under the last mentioned Ordinance, without proceedings
the formality of a regular trial by the laws of England . The a series of
Consul's proceedings seem to have been a series of blunders blunders.
Mr. Compton
from first to last. Mr Compton appealed against the decision appeals to
the Supreme
of the Consul, Mr. McGregor, to the Supreme Court at Hong- Court.
kong. In a long letter to the Registrar, dated the 6th November, Consul
in forwarding the documents to the Court, Mr. McGregor recapi- Mcgregor's
letter to the
tulated the whole facts of the case, and the appeal eventually Registrar.
116 HISTORY OF THE LAWS, ETC. , OF HONGKONG .
Chap. IV. came before Chief Justice Hulme on Tuesday, the 24th Nov-
1846. ember. Mr. Parker appeared for the Crown, and, in answer to
the inquiry of the Chief Justice if he had cause to show why
the sentence should not be set aside, replied he had not .
After hearing Mr. Coley on behalf of Mr. Compton , who urged
that the whole proceeding was irregular and unjust, and that
a fair and open trial ought to have been afforded the appellant
Consular under the provisions of the Consular Ordinance No. 7 of 1844 ,
Ordinance
No. 7 of 1844, as the offence charged was a misdemeanour, the Chief Justice ,
in a lengthy and well- considered judgment setting forth both
facts and law, stated that, apart from considering the sentence
unjust, excessive, and illegal, there had been a total disregard
not only of the forms of justice but of justice itself, and that
the whole case was founded " on assertion on the one side and
Chief Justice
quashes the assumption on the other without any evidence." Accordingly
conviction. he reversed the sentence imposing the fine of $200 on Mr.
The decision. Compton . The decision, which further stated that "the
whole proceedings had been so exceedingly irregular as to
make it necessary to reverse the judgment altogether," seemed
inevitable, for probably there never was a case brought
before a Court of Appeal with so many legal informalities ,
and where the ordinary rules of evidence had been so utterly
disregarded . The Chief Justice agreed that Mr. Compton had
been sentenced under one law and fined under another, which is
contrary to all the principles of English justice. *
* In a despatch dated the 25th November, 1846 , the day after the final hearing of the
appeal. the Governor, Sir John Davis, forwarded a copy of the report of the case, including
the Chief Justice's decision , to Viscount Palmerston, and, as will be seen, while admitting
that Mr. Consul McGregor " had made mistakes in point of form which vitiated his
sentence" rather inconsistently if not unfairly animadverted upon the Chief Justice's
decision as follows :-
.....the amount of the fine as a penalty must be viewed relatively to
the offender's station and means ; and in this light , and under the aggravated circum-
stances of the case, it was not excessive. The only object of the penalty being the preven-
tion of similar violence in future, the Chief Justice must have been aware that any inter-
ference with it under present circumstances at Canton must be attended with mischief
and danger........ Mr. Hulme has, however, entirely remitted the fine on an appeal from
Mr. Compton. This was not the verdict of a jury, but Mr. Hulme's individual opinion
and judgment ; and I regret extremely it was in his power to interfere. Though I cannot
agree that Ordinance No. 5 does not refer to all disputes between Chinese and English,
I have been advised to let his judgment have its course, notwithstanding its manifest evils ;
but some fresh Ordinance will inevitably be required to prevent such mischievous inter-
ference in international cases ; and with the assistance of the Legislative Council, I
propose taking such an Ordinance into consideration ......... Enclosed with this despatch is
a copy of the report of Mr. Hulmie's decision and a copy of the rule. As to the law ofthe
case, Mr. McGregor, being no lawyer, and having (like myself, in the absence of the
Attorney-General) no legal adviser, has made mistakes in point of form which vitiate his
sentence ; and this sentence was not communicated to me until after he had sent it to Mr.
Compton. Mr. Hulme suppresses the fact that Mr. Compton provoked the blow of the
Chinese by the assault of pushing him aside. He suppresses the fact of the Chinese
being seized and tied up, which really caused the riot. He also suppresses the fact of
the written warning which Mr. Compton had received only the day before his first
act of violence. I hold the highly responsible office of preserving peace between the two
countries, and therefore look to Your Lordship for a fair estimate of my motives in desiring
to restrain the excesses of the English within the Chinese territories, where the inherent
HOME VIEWS OF THE COMPTON CASE . 117
This case, which had absorbed the attention of every one in Chap. IV.
--
Hongkong for a long time, and was expected to create quite a 1846.
sensation in England, upsetting everything and everybody, was Local and
Home views
received with most provoking indifference at Home. The views of the case.
expressed in The Naval and Military Gazette of the 30th January,
1847 , coincided in a great measure with that held by the less -pre-
judiced and more sober-minded residents of both this Colony and
Canton. The Times and The Morning Chronicle expressed them-
selves much to the same effect, that violence on the part of
Englishmen, regardless of consequences, was to be deprecated,
especially when recourse might be had to our consular officials .
The local abusive writing on the subject, which was intended
for strong, but would have been there considered scurrilous and
intemperate language, did not seem to have met with a single
response in England . The despatch of Lord Palmerston, to Lord Pal-
merston's
whom Mr. Compton had appealed , appeared fully to approve despatch.
and confirm the proceedings of the local authorities, and just as
explicitly to condemn all that had been alleged in favour of Mr.
Compton. By a despatch dated the 24th January, 1847 , Viscount
Palmerston informed Her Majesty's Plenipotentiary, Sir John Lord Pal-
merston and
Davis, that he entirely approved of his having fined Mr. Comp- British sub-
ton ; for he considered it indispensable that British subjects jects in
in China should be taught that if, on the one hand , Her Majesty's China.
Government will exact and require from the Chinese that
British subjects should be as free from molestation and insult in
China as they could be in England, yet, on the other hand, Her
Majesty's Government will exact and require from British
subjects that they shall in China abstain as much from offering
molestation and insult to others as they would if they were in
England ; and it never could be tolerated that they should
indulge towards the people of China in acts of violence and
contumely which they would not venture to practise towards
the humblest and meanest individual in their own country.
On appealing to the Home Government against the conduct of Result of Mr.
Compton's
the consular authorities and Her Majesty's Plenipotentiary, complaint
Mr. Compton was informed by despatch dated the 11th March, against the
rights of the Government have been given up to us. Mr. Hulme's argument will operate
I fear, as an encouragement to our people to be violent in a place like Canton. where the
elements of mischief are rife. It is with great satisfaction I state that Major-General
D'Aguilar, to whom I have read this despatch, requests me to add that he " entirely
concurs in every word of it," and that he is prepared, as a member of the Legislative 71
Council, to aid me in providing as much as possible against the chances of evil .....
* The only point in dispute secmed to have been whether the case came under the
Consular Ordinance No. 7 as a common misdemeanour, or, as alleged by Sir John Davis,
under Ordinance No. 5, as the cause of a riot and breach of treaty. Now, in his despatch
of the 24th January referred to above, one is led to infer that Lord Palmerston in saying
that he entirely approved of Sir John Davis having fined Mr. Compton, meant to refer
to Ordinance No. 5, but in a despatch No. 31 of the 24th February, referred to further on,
he said that the Law Officers of the Crown had reported to him that in their opinion Mr.
Compton might and ought to have been punished under the provisions of the Ordinance
No. 7 of 1844.”
118 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. IV. 1847 , that Her Majesty's Government entirely approved of
1846. the conduct of Sir John Davis, in directing Her Majesty's
Consul and
Sir J. Davis Consul at Canton to proceed against him, and they regretted
to the Home that, in consequence of the irregular manner in which those
Government.
proceedings were conducted, he had escaped the penalty which
he would otherwise have incurred . The two despatches in
tone and spirit could not have been too much commended ,
Opinion of
the Law both for their abstract justice and for their practical policy,
Officers of when such difficult relations have to be maintained as those
the Crown
upon the between this country and China. Mr. Compton had wantonly
Compton and offensively provoked some of the inhabitants of Canton ,
Case.
for which Lord Palmerston, in a despatch dated the 24th Feb-
Lord Pal- ruary, 1847 , stated that, in the opinion of the Law Officers
merston's
instructions of the Crown , he might and ought to have been punished
to Governor by proceedings in the Consular Court of Canton. Instead
Davis regard of this, he had been proceeded against irregularly, and thus
ing Mr.
Compton's to a certain extent escaped the legal consequences to which
conduct.
he had exposed himself. " Under existing circumstances ,
Governor
Davis' un- continued Lord Palmerston , in the last quoted despatch to Sir
called-for
strictures John Davis, " no further proceedings are to be instituted against
upon the him on account of his conduct, but you are not to offer to him
Chief any apology or amends for what has occurred to him ." The
Justice
respecting Governor's uncalled - for strictures upon Mr. Hulme, the Chief
Case.Compton
the Justice, in connexion with his action in the matter, do not
Governor appear to have met with any response from Lord Palmerston,
Davis as
regards the though it is but natural to infer that, having regard to the
result ofthe whole facts of this case, perhaps the Governor had reason to
case.
be incensed, at the time, at the ultimate result of the proceed-
ings which he himself had directed should be taken against
Public Mr. Compton. This case had excited considerable interest in
interest in
the Comp ton Canton among the other British merchants, who made it their
Case. own in a series of resolutions which were publicly adopted , and
Resolutions. forwarded to Government at Home along with Mr. Compton's
Petitions to account of the affair. Petitions also were sent to England to be
Houses of
Parliament. presented to both Houses of Parliament by Lord Brougham and
Lord Mr. T. Duncombe ; but, as they were never heard of afterwards,
Brougham.
Mr. T. Dun- it is to be presumed that Lord Brougham at least was too good a
combe.
lawyer not to perceive in what consisted the weakness of the peti-
Publication tioners ' case. " Papers relating to the riot at Canton in July,
of
forthe papers- 1846 , and the proceedings taken against Mr. Compton , a British
presenta
tion to subject, for his participation in that riot," were afterwards printed
Parliament. and " presented to the House of Commons by command of
Compthe Her Majesty." These voluminous papers were subsequently
The Case
ton
first
to theappeal reproduced in the local papers and afforded considerable matter
Supreme for public discussion locally. This was the first case in which
Courtagainst
a Consular an appeal had been made to the Supreme Court from any of the
decision. Consular Establishments , and the evidence had only been pro-
THE COMPTON CASE AND CHIEF JUSTICE HULME. 119
duced on a special application . As will be seen hereafter, this Chap. IV.
case formed the subject of recriminations between the Chief 1846.
Justice, who had properly refused to be dictated to, and the Charge
Governor, ending in the latter formulating a charge of drunken- against the
Chief Justice
ness against Mr. Hulme. † by Governor
Davis.
* See Chapter VII., infrà.
† See Chapter VIII. , infrà.
120
CHAPTER V.
1846-1847 .
SECTION I.
1846 .
Major Caine audits the Registrar's accounts. -Arrival of Mr. C. M. Campbell, Barrister-
at-Law, from Calcutta. His admission to the local Bar. - He is appointed acting Attorney-
General during Mr. Sterling's absence on leave. And a member of the Legislative
Council in the room of Major Caine. - Departure of Admiral Cochrane.- Admiral Ingle-
field.--Transportation of Chinese convicts to Scinde and of other Asiatics to Singapore.--
Prosecution of Indian Police for allowing prisoners to escape.--Charge against Captain
Greig of the John Cooper for assaulting his crew.—Judicial affairs generally in 1846.-
Review.
SECTION II .
1847 .
Major Caine and Mr. Mercer gazetted Justices of the Peace.- Disregard of public clean-
liness ; the law of the road ; proper lighting of the streets.--Maintenance of door lamps
by householders.-- Instructions to Police.-Appointments in the Admiralty Court.--First
session of the Admiralty Court. -Letters Patent of 10th January, 1846. - Chief Justice's
address to the Grand Jury. -Case of Captain Greig, of the John Cooper. - Result of the
other cases. - Sentence of transportation for life.-- Sentence of death. -Acquittal of
Captain Greig approved of. — Incapacity of Mr. Hillier.-- Subserviency of the Magistracy
to the Executive. —The Jury, a protection . -Chief Justice Hulme an upright and inde-
pendent Judge. — The best guardians of liberty. - Chief Justice Hulme eulogized . —Euro-
pean Police, frequent prosecutions against.- Defective system of recruiting.-Series of
prosecutions against Police.- Comment.- Police as Prison warders. -Delinquencies of
Police and proceedings before the Police Court. - Public confidence shaken. -Confidence
in the Supreme Court. - The new Registration Ordinance, No. 7 of 1846.- Pirates and
thieves. Triad Secret Society flourishing.-Contents of and Police powers under Regis
tration Ordinance.-Based on Chinese principle of mutual security.-Bad characters
leaving the Colony. -The Police and the Ordinance. - Mr. S. F. Fearon, Registrar-General
and Collector of Chinese revenue. -Appointed Professor of Chinese at King's College .
London. Mr. Inglis appointed to act in Mr. Fearon's place.-- Mr. Fearon's inaugural
lecture. Piracy flourishing.-- Mr. D. R. Caldwell, Assistant Superintendent of Police.-
February Criminal Sessions. - Trivial cases committed. -The Jury complain to the Chief
Justice. The Chief Justice's reply.- Flogging ceases consequent upon Dr. Bowring's
motion.-Incapacity of Mr. Hillier.- Reason for sending up paltry cases for trial.- The
Chief Justice on the subject . - Mr. Hillier acting under orders of the Executive . Com-
ments. The soldiers and the Police. Casc of Privates Connors and Williams. -Military
orders anent the Police. -The Chief Justice on military orders and the civil law. - Convic
tion of the soldiers. - Military authorities deny issuing order that military are independent
of the Police.--Public comment.--Actual facts.- Important Civil Cases.-- Sir John Davis,
rumours of resignation. - Regarding the appointment of a Chief Magistrate. -A legally
qualified person desired . - Mr. Hillier's qualifications.-Mr. Hillier partly relieved of his
Chap. V § I. responsibilities . - Lieutenant Wade resigns Chinese interpretership of the Supreme Court-
He is succeeded by Mr. J. M. Marques . -New Rules of Court.
Major Caine
audits the
ON the 2nd December, 1846 , Major Caine, Acting Colonial
Registrar's
accounts. Secretary and Auditor- General, was appointed to audit the
Arrival of
Mr. C. M. accounts of Mr. Cay, the Registrar, under the Ecclesiastical
Campbell, Jurisdiction of the Court, and on the 4th, Mr. Charles Molloy
Barrister-at-
Law, from Campbell , barrister-at-law, of the Middle Temple, arrived here
Calcutta. by the brig Anonyma from Calcutta, having left the latter
MR. CHARLES MOLLOY CAMPBELL. 121
place on the 1st November. Under what circumstances he Chap. V § I.
---
arrived in the Colony, the Court records do not show. It will 1846.
be recollected that Mr. Sterling, the Attorney-General , had left
Hongkong on leave early in September ; whether the Govern-
ment had asked for a locum tenens in the meantime or not from
the Government of India is not apparent, though that some
such step had been taken may be inferred from the fact that Mr.
Parker, who was a solicitor , had , after Mr. Sterling's departure, His
admission
been appointed Crown Prosecutor to carry on criminal prosecu- to the local
tions only, and the local Government was thus left without a bar.
legal adviser. Be that as it may, the Court records show that appointed
He is
on the 10th December, Mr. Campbell was admitted to practise acting
as a barrister, and on the 14th December, " subject to the plea- Attorney
General
sure of Her Majesty's Government," he received the appointment during Mr.
of acting Attorney-General during the absence on sick leave of Sterling
absence'son
Mr. Sterling, and was also gazetted on that day a member of leave.
the Legislative Council in the place of Major Caine, the Colonial Anda
member of
Secretary, who, strangely enough, the records say, had resigned the
Legislative
his seat in that Council. No doubt his resignation was to make Council
in the room
room for Mr. Campbell, though for what reason is not shown . of Major
Admiral Sir Thomas Cochrane, who had figured in Court in Caine.
connexion with the prosecution for libel against the editor of a Departu re
of Admiral
local paper in June, 1845 , took final leave of this Station on the Cochrane,
8th December, proceeding to Singapore by H.M.S. Agincourt, Admiral
there to await the arrival of his succes sor Admiral Inglefield . Inglefield,
In the exercise of the powers vested in him, with the consent
of the Home Government and of that of India , the Governor,
by proclamation dated the 12th December, announced that
Chinese offenders under sentence of transportation would be sent Transporta-
to the province of Scinde in the East Indies, and that tion of
Chinese
Asiatics and other persons not Europeans under similar convicts
sentences, would be sent to Singapore in the Straits Settlements . to
andScinde
of
But deportations to Bombay and Singapore had already been other Asiatics
to Singapore.
effected in August and November of this year.
In consequence of repeated complaints against the Police Prosecution
for allowing prisoners when in their charge to escape, on the of India
Police for
28th December, twelve Indian policemen were prosecuted for allowing
prisoners to
this offence and fined $ 3 each. escape.
The Chief Magistrate's Court was occupied several days dur- Charge
against
ing December in investigating a serious charge brought against in
Captain Greig of the John Cooper, for violently assaulting his Greig of ther
John Coope
erew with lethal weapons and placing the lives of two of them in for
jeopardy. Mr. Coley appeared for the prisoner and Mr. Goddard assaulting
his crew.
for the men. The charge had been instituted by the authorities ,
and the case was eventually committed for trial before the new
Admiralty Court on the 14th January, 1847 .
122 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. V § I. The year 1846 was conspicuous for the number of murders
1846. committed by natives upon their own countrymen , robbery in
Judicial many instances being the motive, and in some cases these murders
affairs
generally in were of a revolting nature, baffling all description . The Govern-
1846.
Review. ment in several cases offered large rewards for the apprehension of
the murderers . Though house- breaking and piracy had also
been more common , these crimes were, comparatively speaking,
of less frequent occurrence than formerly, but other offences
had sprung up of far greater enormity in connexion with
secret societies especially, but which, as they were not directed
against the European inhabitants , attracted comparatively little
attention . The number of lawless miscreants had increased , and
scarcely a week had passed unmarked by some instance of
murder, stabbing, or other aggravated assault chiefly committed
by the Chinese, when the Indians or their own countrymen
were the victims. How the evil was to be put down had been
a matter for grave consideration . The Police Magistrate had
suggested, by Government Notification in August, that persons
going beyond the limits of the town should not do so alone or
without arms . This notice was simply an intimation on the
part of the authorities that the residents should find the means
to protect themselves beyond the borders of the town , as the
Police were unable to assist them ; an open confession of weak-
ness justifying probably the complaints made against the Police
during the year . Instead of sanctioning the indiscriminate
possession of weapons by the natives and others as the notice
previously mentioned practically did, for it was expressed in
general terms, it certainly would have been more desirable to have
limited the right, and adopted more stringent measures for carry-
ing out the then existing law, rendering it penal in a Chinaman
especially to have in his possession any dangerous instrument
for which he had no evident lawful occasion or could not satis-
factorily account for . The Police case, which Dr. Bowring
made the subject of a motion in Parliament, might very well
have been suffered under ordinary circumstances to pass
unnoticed, and it must have appeared absurd, as some had done,
to conjure up pictures of the havoc this form of sentence.
created among the respectable portion of the Chinese community.
Some people professed to be very much shocked at the idea of
prisoners being sentenced to be flogged, apparently forgetting
that in those very days this mode of punishment was still much
practised within Great Britain itself. Even now there is not
probably one well -informed person who would not admit the
necessity, without any false sentiment whatever, for some such
provision as flogging, though it may be, owing to the then
condition of affairs, flogging had perhaps been indulged in to
excess. Full and regular meals with ample time to sleep,
OPENING OF THE VICE - ADMIRALTY COURT. 123
though carrying loss of liberty, are not sufficient deterrents to Chap . V § I.
crime such as one would expect from the lawless hordes who then 1846.
infested and still infest Hongkong from the mainland. It may
be remarked , however, in reference to Dr. Bowring's motion ,
that it was not even alluded to in the summaries of the London
weekly papers and occupied only a few lines in one of the
dailies. The subserviency and incapacity of the Magistracy
had called forth much public comment, but, having regard to the
early condition of the Colony, no doubt some such provision as
control by the superior authorities over the minor judicial
officers was to some extent necessary, however, objectionable
this may have appeared at the time, having regard especially to
that very ignorance or want of experience so often displayed and
complained of. At all events this subserviency or control
rather avoided any possible friction between Government and
its inferior judicial employés in relation to ordinary Police
matters, the only jurisdiction they could exercise . The prin-
cipal object of the Government seems to have been to keep the
people as orderly as possible, but when grave errors were com-
mitted, as in the case of Mr. McSwyney, the Coroner, the Govern- Chap. V § II.
ment do not appear to have hesitated to effect reforms . -
1847.
Major Caine
On the 8th January, 1847 , Major Caine and Mr. Mercer, and Mr.
Mercer
the Treasurer, were gazetted Justices of the Peace for Hongkong, gazetted
and great disregard having been paid to the provisions of Justices
clauses 1 and 7 of section 2 , and clause 4 of section 3 , of of the
Peace.
Ordinance No. 14 of 1845 , relating to public cleanliness , the law Disregard
ofpublic
ofthe road, and the proper lighting of the streets, as for instance, cleanliness ;
every householder maintaining a lamp before his door , it was the law of
the road ;
notified , on the above date also,. that the Superintendent of proper
Police had been instructed strictly to enforce them. At the lighting
of the
same time persons ignorant of the " law of the road " were streets .
informed that " a horse or carriage, when passing another, Maintenance
of door
should keep the right, and when meeting another, the left hand lamps by
householders.
side of the road ." * Instructions
to Police.
Appointments in connexion with the Admiralty Court having Appoint-
been made sometime before the opening of the Court, these Admiral
ments intythe
were on the 12th January, 1847 , duly published and were as Court.
follows : Mr. C. M. Campbell, acting . Attorney- General, to be
Her Majesty's Advocate iu Admiralty ; Mr. Robert Dundas Cay,
Registrar of the Supreme Court, to be Registrar, and Mr.
Charles Gordon Holdforth, the Deputy Sheriff , to be Marshal
of the said Court. Mr. Norcott D'Esterre Parker, Solicitor and
* " The rule of the road is a paradox quite.
If you go to the right you are sure to go wrong,
If you go to the left you go right."
† See antè p. 95.
124 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. -V § II. Coroner, was also gazetted on the said day as Proctor in
1847. Admiralty.
First session The first session of the Court constituted , as will be remembered ,
of the
Admiralty under Letters Patent of the 10th January, 1846 , and published
Court.
on the 9th May of the same year, was opened on Thursday,
the 14th January, 1847 , the Chief Justice presiding, assisted
by Major Caine, the Acting Colonial Secretary, and Mr. Hillier ,
acting Chief Magistrate, as Commissioners . Captain Talbot, of
H. M. S. Vestal, the Senior Naval Officer in command, joined
the Commissioners in the course of the day and took his seat on
the Bench.
Letters
Patent The Letters Patent constituting the Court, having been read
of 10th by Mr. Cay, the Registrar, the Court being held under the law
January,
1846. of England and the local Ordinances regulating the Supreme
Court not applying, some discussion arose as to who could sit
as jurymen, when the Chief Justice decided that only those on
the Sheriff's roll could be called . The cases were accordingly
submitted to a Grand Jury, the Petty Jury being composed of
twelve men . The Grand Jury having been balloted for, and
Chief having elected a foreman, the Chief Justice addressed them in
Justice's
address relation to the cases before them, as follows :
to the
Grand " Gentlemen of the Grand Jury,
Jury. There are four cases to come before you, none of them requiring any
particular explanation. Two of them are against the Captain of a merchant
vessel, and the other two are for piracy : all being for acts committed on
the high seas. In the case of the Captain, you will bear in mind the
power committed to him to enforce discipline among his crew, and it is for
you to consider whether or not he has exceeded that power. It is for you
to decide whether any or all of these cases require further examination before
a Petty Jury ."
Case of
The Grand Jury, after a pretty long deliberation , returned
Captain
Greig of the into Court, and reported they had found a true bill in one of
John Cooper, the cases (mentioned specially by the Chief Justice in his
address quoted above ) against Captain Greig. A Petty Jury
was then balloted for and the trial proceeded. Some time after,
the Grand Jury returned and stated they had found true bills in
the other two cases.
Result
of the In the case of Captain Greig, who was defended by Mr. Coley,
other cases. the Jury acquitted him, thinking him, under the circumstances
Sentence of the case, justified in acting as he did. In the other two cases ,
oftransporta
for life. the prisoners were all found guilty , being sentenced to trans-
Sentence of
death. portation for life in the first, and sentence of death being passed
Acquittal in the second. The acquittal of Captain Greig gave great
of Captain satisfaction . It afforded another instance of the gross incapacity
Greig
approved of. of the committing Magistrate, Mr. Hillier, in having sent such a
Incapacity
of Mr. case for trial, but, despite the follies of the Executive, who had
Hillier. instituted the charge, and under whose direct instructions Mr.
THE STATE OF THE POLICE FORCE. 125
Hillier had acted , the higher tribunal afforded ample protection Chap. V § II.
to all those who were brought before it. A more trumpery 1847.
case, from all accounts, had never before been brought before
any tribunal, the prosecutor breaking down on his own evidence,
and the Jury bringing in a verdict for the prisoner without
hearing his evidence . The charge apparently arose from a
refusal of the prisoner, having regard to the interests of his
owners, to listen to the dictates of his crew, who had become
mutinous, and allow his ship to remain in an open and dan-
gerous roadstead. Those who were ignorant of the state of
affairs in Hongkong might possibly have expressed surprise
at such a case having been committed for trial at all, but
to the residents , however, nothing came as a surprise, as it was Subserviency
well known that the Magistracy was entirely under the control of the
Magistracy
of Sir John Davis . An intelligent and impartial Jury and an tothe
Executive.
upright and independent Judge, such as Mr. Hulme was , were The Jury ,
the best guardians of liberty, and it was deemed a matter for a protection.
thankfulness , and not unnaturally so under the circumstances, Chief
HulmeJustice
that the community had this protection . The conviction was an upright
daily becoming stronger that in the Chief Justice, -considering and
independent
the independence he had shown on the Bench, the residents Judge.
of Hongkong had an invaluable acquisition . This apparently The best
was not spoken in the language of idle compliment, but un- guardians
liberty. of
doubtedly embodied the sentiments expressed by those who not chief
only had come in contact with Mr. Hulme, both in private and Justice
Hulme
in public, but had had the opportunity of studying him. eulogized.
The European Police, the subject of so much animadversion European
Police,
in the past, and in whom the public reposed so little confidence, frequent
were now being prominently brought before the public by the prosecutions
frequent prosecutions instituted against them . Apart from the against.
Defective
other elements of which the Police Force was constituted, this systemof
showe primarily that the system of recruiting was defective, recruiting.
the European Police being mostly composed of discharged
soldiers . Evidently the Government had now decided upon
gradually weeding out the bad lot, and the following series of Series of
prosecutions instituted in the Police Court, within a short time prosecutions
against
of each other, early in the year, will give an idea of the utter Police.
worthlessness of some of these men :-
Arthur Robertson, European P. C. - Sentenced to be dismissed from the
Force and to pay a fine of $20 or suffer 10 days' imprisonment for being
asleep on his post while guarding a prisoner under sentence of death, and
for general misconduct.
Simmon, Indian P. C.- Charged with assaulting the complainant, who
stated that the prisoner had taken some of his cakes, and, when asked for
payment, struck him on the forehead with a stone. Fined 10/- to the Queen
and 5- cost to complainant ; in default 7 days.
Two other Indian Constables charged five days afterwards, with similar of-
“fences, were ordered to be imprisoned for one month and dismissed the Force."
126 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. V § II. John Legg, European P. C. - Fined $3 for being drunk and using bad
language.
1847.
Henry Chorley, European P. C. - Stationed at the Gaol - fined $ 7 for be-
ing drunk and unfit for duty.
James McGowan. -Charged with repeated acts of drunkenness - reported
14 times. Dismissed the Force.
James Allen . - European P. C. - On duty at the Gaol -Charged with
repeated instances of drunkenness and neglect of duty. Prisoner was incor-
rigible. He frequently complained of being sick which the Colonial Surgeon
stated was the effect of dissipation. Sentenced to forfeit half his pay and
to be dismissed the Force .
Patrick Fulham.-European P. C. - Charged with being drunk and unfit
for duty. To forfeit his pay and fined 5-.
James Byrne.--European P. C. - Found lying drunk under the verandah of
the Police Office. He had been lately very neglectful of his duty , and had
been reported twelve times for misconduct. Fined $ 10 or one month.
Comment. These were the men , irrespective of the case against the four
European Constables tried at the Criminal Sessions in April
following for larceny, to whom the lives and property of the
inhabitants had been entrusted . As may be seen from the
Police as above compilation , the Police Constables acted in the capacity
Prison
warders. of warders as well, and it was no wonder that complaints were
made in connexion with escapes of prisoners from the Gaol and
otherwise.
Delinquen- The delinquencies of the Police, and above all the proceedings
cies of
Police and before the Police Magistrates, had utterly shaken the faith of
proceedings the people in the purity of the laws and the rectitude of the
before the
Police Court. local rulers. It was true the Supreme Court stood a bright
Public example of a Christian people, and that justice undefiled was
confidence there administered alike to the rich and to the poor, to the
shaken.
Confidence Christian and to the heathen . But, unfortunately , before the
in the
Supreme people of Hongkong had been blessed with a Supreme Court,
Court. the evil had already been done, and now the proceedings of both
Police and Police Court, were not such as to counteract the
malign influences of oppression and injustice.
The new The new Registration Ordinance, entitled " An Ordinance to
Registration repeal Ordinance No. 18 of 1844, and to establish a more
Ordinance,
No. 7 of 1846. effectual registry of the Chinese inhabitants , and a census of the
population of Hongkong," and numbered No. 7 of 1846 , was
promulgated on the 14th January, 1847 , and as an act of legis-
lation it was but a modification of the enactments of its three pre-
decessors, though better fitted to effect its object. If energetically
carried out, the Ordinance seemed better calculated to gain the
desirable end of ridding the island of the swarms of pirates and
Pirates and common thieves who had made Hongkong their chief place of
thieves.
resort, having found probably that with the ignorance of their
persons and language they were pretty sure to escape detection .
THE REGISTRATION ORDINANCE . 127
Here it was that the Triad Secret Society flourished unchecked , Chap. V § II.
Hongkong having become its headquarters for the South of 1847.
China, and three - fourths of the Chinese population were believed Triad Secret
Society
to have been enrolled as members . With such a society flourish- flourishing.
ing, and with a Police ignorant not only of the habits and
haunts of the most active and dangerous portion of its members ,
but unable to converse with those who did know them, it was
not at all wonderful that crime should have been on the increase
and its detection become every day more difficult. The new Contents of
Ordinance contained enactments conferring substantive powers and Police
powers
upon the officer charged with carrying its provisions into under
effect . It was based upon the Chinese principle of mutual Registration
Ordinance.
security. Householders were registered , having a delegated Based on
Chinese
power to grant certificates to residents under their roofs , for principle of
whose good behaviour they were held responsible. This system mutual
appeared practicable, and it was hoped would work well , so that security.
the native population would be purged of the scum which , until
recently, had made Victoria their city of refuge . For some Bad
months past the bad characters had been gradually leaving the characters
leaving the
Colony, and had established themselves on a neighbouring Colony.
island. A rigorous enforcement of the new law would effectu-
ally check their return, but this duty required to be entrusted
to men of discretion as well as principle, as, by section 14
traders and other respectable Chinese visiting the Colony for
the purposes of trade were not required to furnish themselves with
tickets of registration . It was particularly desirable that such The Police
men should not be interfered with or alarmed by the Police, andinance.the
for it was not such a difficult matter after all, in the great major-
ity of cases, for the Police to be able to distinguish between a
suspicious character and one who was not. It was known that
the able Superintendent of Police, Mr. May, would not protect
his subordinates should they show any disposition to extort
money from strangers who had not tickets , but as a rule un-
fortunately there was little faith in the men, many of whom
were known to be bad and to have , had too much practice at
all events in the old squeezing system . Mr. S. F.
Fearon,
Registrar-
Mr. Samuel Fearon , the Registrar- Gen eral , who had proceeded General and
on leave of absence in July, 1845 , and who on the 30th January, Collector
Chinese of
1846, had been gazetted in London as " Registrar- General and Revenue.
Collector of Chinese Revenue for Hongkong," received in De- Appointed
Professor of
cember, 1846 , the appointment of Professor of Chinese Language Chinese at
and Literature in King's College, London . On his appoint- King's
College,
ment, Mr. Inglis , who had been acting for Mr. Fearon, since London.
Mr. Inglis
his departure in July, 1845 , was appointed in his place subject appointed
to Her Majesty's pleasure. Thus one of its earliest officials to act in Mr.
Fearon's
severed all connexion with the Colony. On the 20th April , place.
128 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. V § II . Mr. Fearon delivered his inaugural lecture, before a numerous
1847. audience , including several of the most distinguished members
Mr. Fearon's of the Council of the College, amongst whom were Sir George
inaugural
lecture. Staunton, Lord Radstock, and Sir Robert Harry Inglis.
Piracy In the neighbourhood of the Colony, piracy was still being
flourishing.
Mr. D. R. carried on with the same undaunted defiance, and almost with the
Caldwell, same impunity, especially on the native shipping, but since the
Assistant
Superin- appointment of Mr. R. D. Caldwell, whose knowledge of the
tendent of Chinese language and means of acquiring information of their
Police.
plans and schemes as Assistant Superintendent of Police, it was
anticipated that, if not altogether suppressed in the immediate
locality, the villains would at least receive a check and be more
frequently brought to justice.
February A Criminal Sessions of the Supreme Court was opened on the
Criminal
Sessions. 15th February, 1847, and continued its sittings for four days.
Trivial and, as latterly had been the case, the Court was chiefly occupied
cases
committed. with the trial of some paltry cases, consisting mostly of petty
larcenies and other trifling offences that should not have been
The Jury sent to a Jury : so undeniable was this, that the Jury addressed
complain to the Chief Justice complainin of being
the Chief g called away from their
Justice. business to dispose of trifling cases which might well have
The Chief been disposed of by the Magistrates. The Chief Justice replied
Justice's
reply. he would do all in his power to remedy the evil complained of.
What the committing Magistrates were about, could not be
imagined-at times they would commit for the most trifling
offences and at others dispose of most serious ones, apparently
Flogging with every confidence in their own powers. The system of flog-
ceases
consequent ging so long practised in the Magistracy had now altogether
upon Dr. ceased in consequence of the exposure in the House of Com-
Bowring's
motion . mons by Dr. Bowring. It was a fact that before this, many
cases of a serious and aggravated nature which should have been
committed for trial had been disposed of in the Police Court
by the offenders being sentenced to be flogged, in addition to
fine and imprisonment, and latterly, since flogging had been
denounced , the most petty and ridiculous charges had been
Incapacity sent to the Supreme Court. The incompetency of Mr. Hillier,
of Mr.
Hillier. the acting Chief Magistrate, was beyond conception, convictions
Reason for
sending up in cases of mere suspicion being quoted, and it was feared that
paltry cases in troubling the Supreme Court with the number of paltry
for trial.
cases he had recently sent up, he had been influenced by feel-
The Chief ings not very creditable, namely, that he, no longer being
Justice on allowed to flog, committed cases with the object of obtaining
the subject. heavier sentences. However, the Chief Justice was determined to
Mr. Hillier
acting under put a stop to this, and disposed of all minor cases in a summary
orders ofve.
Executi the manner by fine or imprisonment. As Mr. Hillier acted under
Comments. orders his conduct was considered somewhat excusable, but he
THE MILITARY AND CIVIL LAW . 129
was blamed for submitting to the dictum of any one so long as Chap. -V § II.
he was on the bench. By doing so, he degraded the civil law 1847 .
and rendered it subservient to the Executive Government. It
was the glory of a free people that the Government had no
control over the Judges of the land, and if they had, it was but
the disgrace of nepotism .
In one of the trials at this Sessions, two soldiers of the The soldiers
and the
18th Regiment, named Thomas Connors and James Williams, Police.
were accused of riot and assault in the house of John Cockrill , Privates
Case of
landlord of the Commercial Inn , on the 5th December, 1847. The Connors and
Police had refused to interfere when first asked for assistance , Williams.
but the riot becoming rather serious , one of the inspectors went
to the spot and arrested the two men . It appeared in evidence
that " the soldiers called out that they might do as they pleased ;
that according to the orders they had received in the barracks, Military
the bloody Peelers had nothing to do with them. " The Police orders anent
the Police.
corroborated the assertion by stating that they had received
orders to that effect. The Jury returned a verdict of guilty.
In passing sentence, the Chief Justice remarked that "it was The Chief
a most extraordinary opinion that any order from a Command- Justice
on military
ing Officer could exempt a soldier from being amenable to the orders and
civil law. " Both Judge and Jury, however, were satisfied that the civil law.
Conviction
such an order had been given . The soldiers were sentenced to of the
soldiers.
be imprisoned for twelve months.
On the 24th February, the Assistant Adjutant- General Military
addressed a letter to the Colonial Secretary , in which he said : authorities
deny issuing
"I am directed to acquaint you, for the information of His order that
Excellency the Governor, that the statement attributed to cer- military are
independent
tain soldiers of the 18th Regiment, as regards the issue of an of the
order declaring them to be independent of the Police, is wholly Police.
without foundation ." This denial rather mistified the public , Public
it being clear from the concurrent evidence of the Police and comment.
the soldiers, that information had been conveyed to them, and
that the Police had been told not to interfere with the military.
Truth is not easily hid, and in this instance it forced its way
to the light. It appeared that no general order had actually Actual facts,
been issued, but that the General had made a speech (with the
best intention no doubt) to the Regiment, and which had
evidently been misconstrued , intimating that " the Police had
received orders not to trouble them, provided they did not
trouble the Police, " and thus ended another of those petty
storms which so often burst forth in the earlier days of the
Colony, without doing much harm, however, to those most con-
cerned in raising them.
The records of this month disclose some important civil cases Important
tried before the Supreme Court, but no point of law turned Civil Cases,
upon any ofthem.
130 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. V § II. The resignation of Sir John Davis began now to be generally
-
1847. talked about, and it was hoped, if true, that his resignation would
Sir John bring about other changes " equally desirable. Upon this
Davis,
rumours of point there was , however, no certainty, but the appointment at
resignation. least of a Chief Magistrate, in succession to Major Caine, legally
Regarding
the qualified to perform the onerous duties of his office , was
appointment anticipated . With the repeated complaints that had been made
of a Chief
Magistrate. from time to time as to the mode of dispensing justice at the
A legally Magistracy, this was considered indispensable, and it was
qualified thought that no one more than Mr. Hillier himself realized
person
desired. that fact, for, according to a Government Notification published
Mr. Hillier's on the 1st March, His Excellency the Governor " acceded to
qualifications. Mr. Hillier's request of resigning the office of Sheriff, Provost
Marshal, and Marshal of the Admiralty Court," and appointed
Mr. C. G. Holdforth, the acting Assistant Magistrate since June ,
1846 , to perform those duties, pending Her Majesty's pleasure.
Mr. Hillier This left Mr. Hillier more leisure for his magisterial work ; but,
partly
relieved of as will be seen hereafter, though relieved of a considerable portion
his responsi-
bilities. of his responsibilities, the public were not satisfied with him.
Lieutenant
Lieutenant Wade, having intimated his desire to be relieved
Wale
Chineseresigns from the duties of Interpreter of the Supreme Court, which
interpreter-
ship of the appointment he received on the 6th April, 1846 , the Governor was
Supreme pleased to accept his resignation , and in his capacity of Her
Court.
Majesty's Plenipotentiary, on the 1st March, Sir John Davis
appointed Mr. Wade to be Assistant Chinese Secretary and Inter-
He is
succeeded by preter, Mr. Jozé Martinho Marques being appointed in Mr.
Mr. J. M. Wade's place as " one of the Interpreters to the Government and
Marques.
Interpreter and Translator to the Supreme Court .'
New Rules
of Court. The new Rules of Court regulating the sittings ofthe Supreme
Court, practice and pleading , proceedings in forma pauperis , cri-
minal proceedings , and the fees to be taken in the Court, and
by attorneys , solicitors and proctors practising therein , dated
the 1st March, having been duly approved of by the Legislative
Council on the 11th of that month, were published on the
1st April . They were further approved of and confirmed by
Her Majesty, by Proclamation of the 16th September, 1847 .
131
CHAPTER VI .
1847 .
The House of Commons and British commercial relations with China. - Select Com-
mittee appointed.- Evidence of Lieutenant-Colonel Malcolm - Reason why Hongkong
was selected.--Report of the Select Committee. -Flogging and cutting off of queues ' or
tails of Chinese in addition to sentences.--Colonel Malcolm's evidence and opinion of
effect of tail-cutting ' upon Chinese. - Tail- cutting ' in the Prisons introduced by Mr.
Campbell, acting Attorney-General.--No authority given by local law for tail-cutting.'-
Ordinance No. 10 of 1844, s. 25. Ordinance No. 15 of 1844, s. 3.- Tail-cutting ' unknown
to Chinese usage.-Testimony of Mr. A. Matheson before Select Committee as to ' tail-
cutting.'-His evidence and opinion as to excessive flogging and fines in the Police Court.—
'Tail-cutting.' Authorities shave off place where ' tail ' was .- Respectable Chinamen
dreading to come to Hongkong. -The quasi-tax on prostitutes and the Committee. -The
exposure of the infamy. -Serious charges against the Police. - The tax an arbitrary
exaction.-No longer collected after appointment of Parliamentary Committee. — Mr.
Matheson and the contribution by the prostitutes.--System no check upon immorality.-
Evidence of Captain Balfour.-He eulogizes Major Caine and Mr. Hillier and the latter
for his knowledge of Chinese. Chap. VI.
On the 23rd March, in the House of Commons , on the motion The House
of Lord Sandon , after a few words from Mr. Hastie, a Select of
andCommons
British
Committee was appointed to inquire into the condition of our commercial
relations
commercial relations with China. The noble lord made a few with China.
observations on the state of those relations, but deemed it Select
Committee
unnecessary to go into the subject at length, as the motion was appointed.
not to be opposed. Subsequently, the evidence of several Evidence of
gentlemen connected with the Colony was taken before the Lieutenant-
Colonel
Committee . The following evidence of Lieutenant- Colonel Malcolm.
Malcolm, who was Secretary of Legation under Sir Henry Reason why
Hongkong
Pottinger, affords a complete view of the motives from which was selected .
Hongkong was selected . It is taken from the Report of the Report of
Select Committee mentioned above : -- the Select
Committee.
“ Chairman .— What position did you occupy during the late war in China
and the negotiations which brought it to a conclusion ? -I was Secretary of
Legation. I went out with Sir Henry Pottinger in 1841 ; I remained there
till the treaty was made in 1842 ; and I was there for five months in 1843 as
Colonial Secretary and Secretary for Legation.
Will
you state what led to the selection of Hongkong as the place to be
stipulated for a possession of the British Crown ? -In the first instance it
was chosen by Captain Elliot from the fineness of the harbour , and from his
thinking it a very eligible station for ships to refit at ......... It was the best
situation near Canton .
In choosing Hongkong, we evidently were not seeking a territorial hold
upon China ?-No ; we only wanted to have a place where our people could
have refuge, where our ships could refit, and where persons in authority could
live under the British flag, to save them from being insulted as our officers
had been before ; as Lord Napier and Captain Elliot had been ; whereas if you
132 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. VI. have an insular position you are protected ; you have your foot upon English
1847 . ground…………………………..the population of Hongkong was about 5,000 when we took
possession.
Flogging Corporal punishment, of which so much had been heard,
andofcutting
off and the cutting- off of the queues ' or tails of the Chinese in
'queues ' addition to the sentences inflicted upon them, also formed the
or tails of
Chinese in subject of inquiry. The following examination of Colonel
addition to
sentences. Malcolm upon this matter was conducted by Dr. Bowring whose
Colonel name had now become familiar to most people connected with
Malcolm's
evidence Hongkong. Colonel Malcolm's opinion upon the subject of
6
and opinion Chinese tail - cutting, ' as may be seen hereafter, was not singu-
of effect of lar :-
'tail-cutting'
upon
Chinese. Dr. Bowring. - Was corporal punishment, or cutting off the tails of the
Chinese, inflicted while you were there ?--Corporal punishment was ; but I
never heard of cutting off tails .
Would not that operate very unfavourably to the Chinese ?--Cutting off
the tails is a very serious matter ; it is branding a man at once with infamy.
'Tail-cutting'
in the As will be seen later on, the system of cutting off the tails of
Prisons Chinese, at all events as a prison regulation whenever it had not
introduced
by Mr. been ordered as an additional punishment of an offender, was
Campbell, an innovation introduced by Mr. Campbell, the young and in-
acting
Attorney- experienced barrister who was appointed in December last by
General. Sir John Davis to act as Attorney- General after the departure
No authority on leave of Mr. Sterling. Under no law of the Colony was
given by
local law for such a punishment sanctioned . Section 25 of Ordinance No.
'tail-cutting.'
Ordinance 10 of 1844 , and section 3 of Ordinance No. 15 of 1844, which
No. 10 of
1844, s. 25 . sanctioned the punishment of offenders according to Chinese
Ordinance usage, made no mention of cutting of tails, and certainly amongst
No. 15 of
1844, s. 3 . the Chinese themselves such a mode of punishment did not
Tail-cutting exist. As a prison regulation it can therefore only be classed
unknown to
amongst the numerous eccentricities of which the above - men-
Chinese
usage. tioned youthful Attorney-General was guilty, during the time
Testimony he held acting judicial positions of trust in the Colony. The
of Mr. A.
Matheson following extract is from the testimony of Mr. Alexander
before Matheson before the same Committee. Mr. Matheson did not
Select
Committee hesitate to give it as his opinion that respectable Chinese
as to
dreaded the idea of coming to Hongkong and run the risk of
'tail-cutting.' "
having their tails cut off for some offence or other. His evidence
His evidence as to flogging and fines in the Police Court will also be found
and
as toopinion interesting. In answer to questions put by the Chairman, he
excessive said he considered the fines and fees in the Magistrate's
flogging
and fines in Courts excessive." He had known poor Chinamen fined five
the Police dollars and ten dollars each, who did not earn perhaps above
Court.
six dollars a month or perhaps not so much, and who were
flogged or imprisoned or had their tails cut off in the event of
non-payment of the fine. In answer to Mr. Moffatt, Mr.
DISCLOSURES BEFORE SELECT COMMITTEE OF HOUSE OF COMMONS . 133
Matheson said that the Chinese alone were flogged ; he never Chap.
- VI.
heard of a British subject having been flogged. To Dr. Bow- 1847.
ring's question as to whether the cutting of the tails was not a
most ignominious offence, Mr. Matheson replied " that it was , and
very often had the effect of making a man , who might be other-
wise disposed to mend, to continue a rogue. The authorities
were not satisfied with cutting the tail off, but shaved off the Tail-
place where the tail was. If they left a little bit of hair they cutting."
Authorities
could tie on a fresh tail, but they shave off the roots as well as cut shave off
the tail away. He had no doubt it drove many to desperation where ' tail '
and made robbers and thieves of them. " Mr. Hawes .-" Are they was.
or are they not generally rather desperate characters that are
brought to the Police Courts there ? "-I have known very
respectable men brought there-" And subject to this punish-
ment ?" -"Not perhaps subject to that ; but respectable men have
been taken to the Police Court for being found " without a
ticket ; without being registered . " In answer to Mr. Moffat's
question what had happened upon such occasions, Mr. Matheson Respectable
Chinamen
said he believed some of them had their tails cut off, and he dreading to
knew that many respectable Chinamen objected to going to come to
Hongkong.
Hongkong under the dread of such a thing happening to them.
Nor was the subject of the various modes of punishment alone The quasi-
tax on
discussed before the Committee. The quasi -tax on prostitutes was prostitutes
also gone into. The exposure of this imposition, ostensibly for and the
Committee.
the upkeep of a hospital in connexion with these unfortunates , it The exposure
will be remembered , formed the subject of serious charges against of the
infamy.
the Police in March, 1845 , when even Major Caine's conduct serious
was brought into question . The subject was a delicate one . charges
against the
The women referred to paid monthly subscriptions of one and Police.
a half dollars each, and this system had been in existence for
about two years. The laws of England neither sanctioned the
licensing of iniquity and the raising a revenue from it , nor
indeed its recognition in any form, unless it was to draw its
victims from its vortex. The tax itself was an arbitrary The tax an
exaction, totally opposed to British law and principles. The arbitrary
exaction.
funds were partly expended on an hospital into which the
patients themselves would rather not enter, preferring their own
doctors and medicines . But a small part only of the funds
were so laid out, and the Police were the tax-gatherers , but no
one knew who was the recipient of their collections and to what
member of the Government the recipient accounted for the
funds, especially since Major Caine had refused to have anything
more to do with the matter. One good result, however, was the No longer
collected
appointment of the Parliamentary Select Committee of Inquiry, aft er
* Chap. III. § II., antè p. 80.
134 HISTORY OF THE LAWS, ETC. , OF HONGKONG.
Chap. VI. for since its inception , the tax had ceased to be collected . It was
1847. thought that probably Sir John Davis had deemed it advisable
appointment at once to disallow any connexion of the Government with
of Parlia-
mentary the tax, in regard to which, however, there was no denying
Committee. some of the Government officials had been closely associated in
one form or another. In reply to questions by Mr. Hawes ,
Mr. Spooner, Mr. Moffatt, and Dr. Bowring, all members of the
Mr. and
son Mathe
the Committee, Mr. Matheson stated that there was no doubt in
contribution the Colony that " each house of ill-fame paid five dollars a
by the month and each woman one dollar " as a contribution " in aid
prostitutes .
of Police expenses," and that there was at one time " some
hospital maintained by the Government out of this source of
revenue, though whether it was still carried on or not he did not
System no · know." In answer to Dr. Bowring, Mr. Matheson replied that
check upon
immorality. he did not think this system was in any way a check upon the
public immorality in Hongkong. Another important witness
Evidence of heard by the Select Committee, was Captain George Balfour of
Captain
Balfour. the Madras Artillery. He had formerly been British Consul at
He eulogizes Shanghai and spoke of the improvements he had noticed in
Major Caine
and Mr. connexion with Police work, due in great measure, he thought, to
Hillier,
the and
latter Major Caine and Mr. Hillier. He said : ---
for his
knowledge " I must state that I was surprised to find the improvements which had
of Chinese. taken place at Hongkong in the Police administration, when I passed through
Hongkong last October, that is, between the time I left it in 1843 and my
return in 1846. Of the two gentlemen at the head of the office during that
period, one whom I have known since my arrival in China, Major Caine, is
a very efficient officer, of great distinction, and has long been entrusted , both
in India and China, with very confidential employments ; the other, Mr.
Hillier, whom I have also known for some time, is a zealous officer, and has
well qualified himself for the performance of his Police duties by acquiring
the Chinese language."
135
CHAPTER VII.
1847 .
Disallowance of Rules of Court by Home Government. - Ordinance No. 15 of 1844.-
Ordinance No. 6 of 1845, s . 23. — Expedition to Canton.- Departure of Governor Davis and
Major-General D'Aguilar with the Expedition.--Major Caine, Commandant of Hongkong.
-Success of the Expedition .- Return of troops to Hongkong. -Fear of disorder in Hong-
kong during absence of troops.- Police precautions.-Meeting of Triad Secret Society.--
Consular Ordinance No. 1 of 1847. - Withdrawal of appeal to Supreme Court of Hongkong
against Consular decisions.- The Compton Case. - Governor Davis had asked the Chief
Justice to confirm the sentence. - The Chief Justice disregarded the wishes of Governor
Davis.-Governor Davis and his attitude towards the Canton merchants after the reversal
of the decision - Governor Davis asked for powers to prevent appeal from Consular Courts.
-Governor Davis' instructions to Consul McGregor.- Ordinance No. 1 of 1847.- British
subjects deprived of right of appeal to the Supreme Court.- Ordinance No. 6 of 1844.
-Ordinance No. 1 of 1847. Powers of the Superintendent of Trade thereunder. - Con-
sular Ordinance Nos. 1 , 2. and 6 of 1844.-- Liberties and prospects of Englishmen at mercy
ofunqualified men.-. -April Criminal Sessions.- Sentences ofdeath . - Four European Police
sentenced to imprisonment for larceny.-Sitting of the Vice-Admiralty Court. The Chim-
mo Bay piracies.-A convict Too Apo receives a free pardon and gives evidence in the
case.- He becomes a piracy approver.--His infamous conduct afterwards.--Comments
upon the last sitting of the Vice-Admiralty Court.- Unfortunate disagreement between
the Governor and the Chief Justice.-The Governor and the Chief Justice hold different
Courts. -Discussion between them afterwards.--Governor Davis threatens to suspend the
Chief Justice.--Be questions the right of the Chief Justice to be styled ' Lord.'-Petty
spite.-The reason.- Public opinion .--Heavy work in the Supreme Court. - Major Caine con-
firmed as Colonial Secretary and Auditor- General. - Nothing known as to his successor. - Mr.
Hillier considered not qualified. - Eulogistic article in the Dublin University Magazine
on Major Caine.- Major Caine's conduct in relation to Chief Justice Hulme's suspension.
-The effect of Dr. Bowring's motion in the House of Commons against flogging in Hong-
kong -Flogging as regards the criminal population.-Effect of substitution of imprison-
ment for flogging.--Convict Sinclair pardoned .--Original sentence of transportation could
not be carried out. -Reason.--Mr. Shelley appointed Assistant Auditor-General of Mau-
ritius.--Publication of certain provisions relating to the government of Her Majesty's
subjects in China. - Queen's Order-in- Council of 17th April, 1844. - Act 6 and 7 Vict.-
Consular Ordinance No. 7 of 1844. -The Compton Case . - Regina e. Larkins .--Charged
with breach of Post Office Regulations. - Strange verdict of the Jury. - Authorities cen-
sured.--Admiral Cochrane. -Admiral Inglefield. - Frands by Major Caine's compradore.-
Payments to him by the leaseholders of the Central Market.--He used Major Caine's
name.-Mr. W. Tarrant reports the extortion to the Government.- Committee of Inquiry
appointed.-Prosecution of Mr. Tarrant and Afoon for conspiracy to injure character of
Major Caine.- Mr. Tarrant's defence. - Major Caine's compradore absconds.-Land. Com-
plaints as to land tenure and high Crown rents.-The Government of India pass Act xi of
1847 authorizing transportation to the Straits Settlements from Hongkong. -Tenders for
passage of 61 convicts to Penang.- The ship General Wood and the mutiny of convicts.
-Ordinance No. 6 of 1847. Summary Jurisdiction of Police Magistrates and Justices of
the Peace extended.--Encroachment upon the powers of the Supreme Court. - Police
Court inspires no confidence. -A legally qualified Chief Magistrate desired.- Lord
Brougham's Act.--No hope of amelioration under Sir John Davis . -Futile appeal to the
Chief Justice for amelioration of affairs. - Governor Davis leaves for Cochin China.~-
Major-General D'Aguilar acts.-Sessions of the Vice-Admiralty Court.-- Chief Justice
complains to the Jury that he has not been allowed to see the indictments. - Sir John Davis'
vindictiveness.- Mr. Hillier confirmed as Chief Magistrate.- Public surprise and com-
ments.--Ordinance No. 6 of 1847.- Rapid promotion of Mr. Hillier and to what it was
due.-Chief Justice no hand in the matter.- Mr. Hillier a zealous officer.--His merits
recorded.--His illegal sentences of whipping.-Action pending against him.--Ordinance
No. 6 of 1847.- Ordinance objectionable as the Chief Magistrate unfit for the duties im-
posed.-Real object of Ordinance an encroachment upon Supreme Court.- Comments
upon Mr. Hillier's qualifications.--His submissive acquiescence to the wishes of the Execu
tive.-A Magistrate deferring to the will of another.-- Vagrant paupers hunted up and flog-
ged, etc.-- Disgusting sight.-- Some of the culprits lepers.-Flogging again discussed. --
136 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ordinance No. 6 of 1847 , s. 5 , authorized 60 stripes.-October Criminal Sessions. Heavy
Calendar. -The case against Mr. Tarrant and Afoon postponed at request of Mr. Camp-
bell, acting Attorney- General. Mr. Coley, for Mr. Tarrant, objects.--The Chief Justice upon
the point.--Trial postponed .--Return of Governor Davis from Cochin China.- Com-
plaints against Mr. Holdforth, the Sheriff.- He withdraws ' Sheriff's Sales' from Mr. Mark-
wick, the Auctioneer, and gives them to Mr. Duddell.-Improper motives assigned.--The ship
General Wood.- Mutiny of the transported convicts.- The convicts break loose on leaving
Singapore. - Panic and murder of officers, etc.-They take possession of the ship and
compel the crew to work. - They run upon a reef.--European passengers on board.-
Rescued by Malay Chiefs. -Blame attributed to Hongkong authorities. - H. C. S. Plege-
thon sent after the convicts. - Those captured . - Conduct of captured convicts on board
the Phlegethon. -Their trial at Singapore.--The Recorder's summing up. -Extraordinary
verdict of the Jury. -Sentence of death recorded . - Sentence of transportation . - Recorder's
comments on the verdict.- No military guard on board the General Wood.- Due precau-
tions not taken on board.- Insurance on the vessel disputed. - European Constable
Chap. VII. Thompson pardoned. — Soldiers also pardoned.
Disallowance By Government Proclamation , dated the 26th March , 1847 , it was
of Rules of
Court by announced that the Home Government had disallowed certain
Home
Rules of Court before alluded to herein , dated the 11th November,
Government.
Ordinance 1844 ; the three rules of the 13th January, 1845 ; the general
No. 15 of
1844. rule of Easter term , 1845 ; and the rules of Michaelmas term, 1st
Ordinance November, 1845. Under what powers , and for what reason, it
No. 6 of was necessary to submit these rules to the Home authorities
1845, s. 23.
for approval or otherwise, and however anomalous , is not ap-
parent . Suffice it to say that the Supreme Court Ordinances
No. 15 of 1844 and No. 6 of 1845 , s . 23 , gave no such direc-
tions.
Expedition The repeated insults offered to our countrymen, and the
to Canton.
restrictions upon their privileges , seemed to have at length con-
vinced the Home Government of the expediency of adopting a
more decided course in dealing with the Chinese. In conse-
quence of the evasive and unsatisfactory conduct of the Chinese
Minister, Her Majesty's Plenipotentiary communicated with
the General, and determined with him on the necessity of pro-
ceeding, with the co- operation of the Navy, with a force to
Canton to demand certain points on which he had been instruct-
ed to insist, by Her Majesty's Government. Accordingly, on the
1st April , it was ascertained that an expedition to Canton
was intended , and the impression was, that Sir John Davis was
about to demand some important concession -either the residence
of an ambassador at Peking or the immediate entrance to the
City of Canton, -the justice of the latter demand having been
admitted by the Imperial Commissioner a year ago . Some other
Departure of matters also called for redress . Early on the morning of the
Governor
Davis and 2nd April, Sir John Davis and Major- General D'Aguilar em-
Major- barked and the vessels sailed . With the concurrence of the
General
D'Aguilar Governor, the General gladly availed himself of the services of
with the
Expedition. Major Caine, and appointed him Commandant of Hongkong
Major Caine, during the absence of the General and the main body of the
Commandant troops on service at Canton , and the Governor also appointed
ofHongkong. Major Caine to administer the Government during
"the tempo-
rary absence of himself and the Lieutenant-Governor."
RIGHT OF APPEAL FROM CONSULAR DECISIONS WITHDRAWN. 137
The expedition was singularly successful and the results were Chap. VII.
best appreciated by those who had marked the course of former 1847.
negotiations with the Chinese when we were met at every step
with affronts, evasions , and delays. Even the Pottinger treaties
had not secured us against them, so far at least as Canton, the
principal seat of commerce, was concerned . After the expedi- Return of
troops to
tion had fulfilled its object, on the 8th of April, the troops Hongkong.
embarked and returned to Hongkong. It was feared at one
Fear of
time that, during the absence of the fleet and of the main body
disorder in
Hongkong
of the Forces, Hongkong would be attacked and plundered , during
but besides the military precautions it would appear that the absence
troops. of
Police arrangements were equally efficient, the Force being scat-
tered all over the town to prevent any assemblage of Chinese , Police
and to watch such suspicious persons as might be seen lurking precautions.
about.
Mr. Caldwell, the Assistant Superintendent of Police, hav-
ing received information of a meeting of the Triad Society Meeting of
Triad Secret
being held at Wong- nei - chung for the purpose of planning an Society.
attack on the town, proceeded in that direction, and observed
groups of men, amounting to about two hundred , coming down
the hill. Seeing one of them with a wound on the eye and
blood on his jacket, he stopped him and found in his pocket
two books of the Triad Society. This man , together with
several others, was arrested and afterwards ordered to furnish
security.
Early in the year, the Governor, as Superintendent of Trade, Consular
passed the Consular Ordinance No. 1 of 1847 which took from Ordinance
No. 1 of
British subjects the right of appeal to the Supreme Court in Withdrawal
1847.
cases of Consular Jurisdiction . It will be remembered that, in of appeal
November last, Mr. Compton had appealed against the decision to Supreme
Court of
of the Consular Court at Canton . Sir John Davis had had the Hongkong
audacity and bad taste to write to the Chief Justice telling him against
Consular
in other words that it would be highly inconvenient to the decisions,
Government if Englishmen were to be allowed the benefit of Case.
law and justice in China, and asking him to confirm the sentence. Governor
The reversal of the sentence, notwithstanding this appeal, David
seems to have galled Sir John Davis extremely, and it was Chief
Justice to
evident that so long as the Chief Justice took an independent confirm the
view of the discharge of his judicial duties and disregarded the sentence.
wishes of the Governor, the petty oppressions of Consular The Chief
Justice
ignorance would not be repeated and the Consular officers and disregarded
the Superintendent of Trade himself kept within the bounds of the wishes
of Governor
established law. But this was intolerable to Sir John Davis, Davis.
whose animosity towards the merchants of Canton had become Governor
Davis and
so noticeable since the Compton case. Thwarted in his unworthy his attitude
attempt to tamper with the Judge and to coerce the residents, towards the
he wrote Home to Lord Palmerston denouncing the merchants merchants
138 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. VII. as a lawless and turbulent community, and asking for powers to
-
1847. prevent an appeal from the Consular Courts. In his despatch
after the of the 25th November, 1846 , after unfairly commenting upon
reversal
of the the decision of the Chief Justice, and regretting his interference
decision. in " international cases," it will be remembered that he had
Governor
Davis said that " some fresh Ordinance was inevitably required to
asked for in future, and after
prevent such mischievous interference "
powers
to prevent obtaining the powers he asked for, a plausible opportunity now
appeal from
Consula r offered to deprive those under the jurisdiction of the Consular
Courts. Courts of the protection of the Supreme Court of Hongkong.
Accordingly, such an opportunity was now laid hold of after our
Governor relations with China and the security of foreigners at Canton ,
Davis'
instructions had been settled . After returning to Hongkong, Sir John Davis
to Consul wrote to the Consul, Mr. McGregor : - "It will be your duty
McGregor.
Ordinance to control British subjects in accordance with the expressed
No. 1 of views and intentions of Her Majesty's Government, and my late
1847.
British Ordinance No. 1 of 1847 has strengthened your hands in a
subjects
deprived of manner which leaves nothing wanting." This perfection of legis-
right of lation strengthened the hands of the Consuls by depriving
appeal to
the Supreme British subjects of the right of appeal to the Supreme Court as
Court. provided by Ordinance No. 6 of 1844. Englishmen were thus
Ordinance
No. 6 of placed without the pale of English law. Ordinance No. 1 of
1844. 1847 gave the Consul jurisdiction in all cases " which shall not
Ordinance
No. 1 of appear to him to deserve a greater punishment than 12 months'
1847.
Powers of imprisonment or a fine of $ 500 , " the Superintendent of Trade
the Super- having power to remit or mitigate the punishment. Sir John
intendent
of Trade Davis thus usurped the privileges of the Supreme Court as
thereunder. was provided for by the Consular Ordinances Nos . 1 , 2 , and 6 of
Consular
Ordinances 1844, and, ignorant of law as he confessed himself to be, he
Nos. 1, 2, would now adjudicate upon points involving the most important
and 6 of
1844. interests , and thus the liberties and prospects of Englishmen be
Liberties at the mercy of men who were professedly unfit for their posi-
and
prospects of tion. The Ordinance, moreover, was constitutionally improper
Englishmen and had been passed without the customary suspending clause.
at mercy of
unqualified So much for the boasted liberty of the subject. †
men.
April The April Criminal Sessions of the Supreme Court opened on
Criminal the 15th of that month.
Sessions. The calendar was light compared
Sentences with the previous sessions, but some of the cases were serious ;
of death.
Four four men were sentenced to death for murder and robbery and
European four European Police Constables accused of larceny in a junk
Police
sentenced to in the harbour, on board of which they had been placed as a
imprison- guard, were sentenced to twelve months' imprisonment.
ment for One
larceny. of these, Charles Thompson , received a free pardon on the 12th
November, but for what reason is not apparent.
* Antè Chap. IV., p. 116.
† Upon the subject of Consular decisions, see further Chap. XII., and XIV., infrà, and
Volume II., Chap. XXXIX. and XLII,
DISAGREEMENT BETWEEN THE GOVERNOR AND THE CHIEF JUSTICE. 139
A Vice Admiralty Court was held on the 20th April , accord- Chap. VII .
ing to notice. There were twelve cases for trial, and the Grand 1847.
Jury found true bills in all, the most important cases being those the
Sitting of
Vice-
connected with what was known locally as the Chimmo Bay Admiralty
piracies, when the captains, officers , and part of the crews of Court.
The Chimmo
the ships Caroline and Omega were murdered . From informa- Bay piracies .
tion received, Mr. Caldwell, the Assistant Superintendent of
Police, took into custody several men at different times on
suspicion, but the legal evidence against them was incomplete
until one of the gang was seized by the Chinese Magistrates at
Canton for other crimes and , being subjected to torture, confessed
his participation in the Chimmo piracy ; other disclosures were
none the less remarkable . For the assistance rendered by a A convict
prisoner named Too Apo in connexion with this matter, and Too Apoa
receives
who had turned Queen's evidence, Too Apo , who had but free pardon
and gives
recently been convicted of robbery and sentenced to transporta- evidence
tion, received a free pardon and was released on the 19th April, in the case.
the day before the opening of the Vice- Admiralty Court, which
thus enabled this " infamous " witness to appear in Court and
give evidence in a different garb than he would otherwise have
done. Upon the conclusion of the cases , Too Apo was taken He becomes
on in the Police as a piracy approver. How he contrived after aapprover.
piracy
wards to deceive the authorities and to turn his infamy into His infamous
account will be seen later on . Apart from this incident, some conduct
afterwards.
observations appeared to be called for, in regard to the proceed- Comments
There upon the
ings at the above Sessions of the Vice- Admiralty Court. last sitting
were a dozen cases to try, the sittings commenced on Tuesday, of the
Vice -
the 20th April, and for the Thursday following, the 22nd , the Admiralty
sittings of the Supreme Court in its summary jurisdiction Court. nate
Unfortu
had already been fixed , so that in reality twelve cases had disagreement
to be disposed of in two days. Owing to some blunder in between
Governorthe
framing the indictments, five cases fell through, and the and the
Chief Justice , having regard to the state of the business , Justice.
Chief
had previously communicated with the Governor as to the
unsuitable date which he (the Governor ) had fixed for the
holding of the Vice - Admiralty Court, but to no purpose, the
Governor insisting, for some unknown reason, upon the latter
Court being held on the 20th , although the 22nd had been
previously fixed for the Summary Jurisdiction .
In accordance with the Governor's orders , therefore , the The Governor
Vice- Admiralty Court was opened on due date, but the and Chiefthe
Chief Justice continued to hold the Criminal Sessions , which Justice hold
had not yet concluded , the Governor presiding at the Vice- different
Courts.
Admiralty Court. Later on, the Chief Justice joined the
Governor on the bench of the latter Court, when it was
understood that some unfortunate disagreement had arisen
140 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap . VII . between them, but one can infer from what has preceded that
1847 . the fact of the Chief Justice continuing to hold the Criminal
Discussion Sessions while the Vice- Admiralty Court was being held by Sir
between
them John Davis , was one of the topics of discussion between them. In
afterwards. the course of this discussion it was understood that the Governor
Governor
Davis had threatened to suspend the Chief Justice, -the right of the
threatens latter to be addressed as " His Lordship " being , moreover,
to suspend
the Chief called into question by him. Tomlin's Law Dictionary was
Justice.
referred to under the head of Dominus, and it was there
He questions
the right found that the " Lord Chief Justice " was specially mentioned
of the
Chief as entitled " Lord " by courtesy. Naturally, this matter did not
Justice to escape criticism, and Sir John Davis ' right, except by a similar
be styled
'Lord.' courtesy, to be styled " His Excellency " was itself afterwards
Petty spite. discussed . But all this petty spite on the part of the Governor ,
as will be seen afterwards, was only the commencement of a
series of persecutions on his part, in consequence of the Chief
Justice's refusal to allow himself to be improperly dictated to
in connexion with the Compton Case before alluded to, and
The reason. wherein Mr. Hulme had upset the Consul's conviction though
Public
opinion. requested privately by the Governor to uphold it . It was
considered that Sir John Davis ' dodge of trying " to ride in
upon the merchants " in Canton ( allusion being doubtless had
to his references to them in connexion with the case of Mr.
Compton) was now " to ride over the Court." This was the
result, it was said, of putting power into hands unfitted to wield
it.
66
England's broad wing hath raised him ( no bad hack)
A tom-tit twittering on an eagle's back. "
Heavy work The Chief Justice also sat in summary jurisdiction on the
in the
Supreme 22nd and 23rd April, as announced. A vast amount of labour
Court. was thus thrown upon him and the officers of the Court, and
had not the acting Attorney- General broken down in five of his
cases, it was almost certain that the Admiralty Court would
have taken several days, and the consequence would have been
the postponement of the small debt Court to the greater or less
inconvenience of the suitors .
Major Caine On the 23rd April , a despatch was received from Home,
confirmed
as Colonial confirming the appointment of Major Caine to the joint offices
Secretary of Colonial Secretary and Auditor-General, an amalgamation
and Auditor- effected last November as before mentioned . Nothing was
General.
Nothing known as to Major Caine's successor, and the wish was again
known as
to his expressed, and not unnaturally so, as may well be imagined, that
successor.
a thoroughly competent man would be found for this post.
Mr. Hillier
considered Mr. Hillier's qualifications did not fit him for the position, and
not qualified, there were other offices for which he was qualified.
Eulogistic
article in Captain Balfour in his examination before the Select Com-
the Dublin mittee of the House of Commons upon Chinese affairs, it will be
MAJOR CAINE . 141
recollected , spoke highly of the merits of Major Caine, and in Chap.
- VII.
addition to his services, as noticed in November last year, The 1847.
Dublin University Magazine for July, 1847 , in an article upon University
Magazine on
Hongkong and some of its officials also, had the following Major Caine.
eulogistic paragraph with regard to Major Caine : --
" MAJOR CAINE ."
" There is a member of the Colonial Government who, in the general
estimation, is one of the few in authority perfectly qualified, in every respect,
to govern, command, and enforce respect - possessing that suavity of manner,
and hospitality of disposition , which has obtained for him the universal
esteem of the mercantile body, and of all who have the pleasure of his
acquaintance. Experience has taught him the true character of the Chinese.
His unflinching firmness, and his just and impartial conduct on the bench,
produced such an effect upon them, that one word from him is sufficient to
secure their respect and attention. Those who know China will have antici-
pated the name of Major William Caine, the Chief Magistrate of Hongkong.
When I first anchored in Victoria harbour, I was much struck with the
estimation in which this gentleman was held. Not being understood by
some Chinese who came on board , when I asked " Who is the Governor
here ? " I changed the form of the inquiry, and asked " Who is the great
man ? " The immediate reply was " Major Caine." They knew nothing of
Sir Henry Pottinger, nor of Sir John, then Mr. Davis. On many occasions
I have tried various Chinamen, and questioned them about the Governor, or
No. 1 Mandarin, but they knew nothing of Sir John Davis ! -while I have
invariably found the name of Major Caine sufficient to deter them from extor-
tion or insolence."
Judging from the records, this was by no means an exagger- Major Caine's
conduct in
ated account, but Major Caine's conduct taken in connexion with relation
the suspension of Chief Justice Hulme in November of this year, to Chief
Justice
however much he may have been the tool of Sir John Davis , Hulme's
will ever remain a blot in his official career in Hongkong. He suspension.
undoubtedly was aware of the antipathy which Sir John Davis
entertained for the Chief Justice and the reason for it, and yet
supported the former in his infamous attempt to ruin, without
any reason, the character and reputation of an upright, inde-
pendent , and conscientious judge, and no honourable man under
the circumstances could think otherwise than that Major
Caine's conduct in the matter was highly reprehensible and
undignified .
The case respecting the sentences of flogging brought before The effect of
Parliament by Dr. Bowring in August, 1846 , as might have Dr. Bow-
ring's
been expected, broke down, and though the exposure appeared motion in
the House of
to have had the effect of almost entirely stopping corporal Commons
punishment, it only resulted , doubtless after due inquiry, in against
flogging in
the issuing of fresh instructions from Home to resume the Hongkong.
practice. Flogging was by no means considered unsuitable to Flogging as
regards the
the criminal population of the Colony, but the atrocities per- criminal
petrated in the name of justice had gone beyond all bounds of population.
142 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. VII. reason, especially having regard to the sanguinary and merciless
--
1847. despotism with which it had been practised . In the Police
Court on the 27th April , a labourer accused of being a rogue
and vagabond, and with stealing a piece of wood , was sentenced to
receive twenty-five strokes of the rattan. This was believed
to have been the first sentence of whipping inflicted for some
considerable time. Under ordinary circumstances this case
would probably have gone to swell the list of cases committed
Effect of for trial. So far the community had been obliged to Dr.
substitution Bowring, since the substitution of imprisonment for flogging,
of imprison-
ment for instead of checking crime, had encouraged it by holding out at
flogging.
worst the prospect of house room, regular meals , and light
labour to idle rogues and vagabonds , besides crowding the gaol
and throwing on the Supreme Court many petty cases which
might have been much better dealt with by the Magistrate in
a summary way. But though flogging had been resumed as a
necessary punishment in such a community as this , it was
hoped that more discretion and discrimination would be exercised
in future than had been displayed in the past, and the sentence
recorded above, compared with the past , gave one the idea that
this would be so.
Convict Henry Daniel Sinclair, convicted of piracy and sentenced to
Sinclair
pardoned. transportation for life in June, 1845 , and who together with
Original others had effected his escape from prison in July, 1846 , being
sentence of
transporta shortly afterwards re-captured, received a free pardon on the
tion could
not be 29th April , 1847. Apart from the fact that probably he had
carried out. now been considered sufficiently punished, doubtless his release
Reason.
Mr. Shelley was partly due to the fact that it had not been found practicable
appointed to carry his original sentence into execution , inasmuch as,
Assistant since the cancellation of the Order mentioned in March, 1844 ,
Auditor-
General of authorizing transportation to Van Diemen's Land, no other place
Mauritius.
Publication had since been substituted for the reception of such convicts .
of certain Mr. Shelley, Clerk of Councils, who had arrived in the Colony
provisions in 1844 , and who on several occasions had acted as Hindustani
relating
to the Interpreter to the Supreme Court, was now appointed Assistant
government Auditor - General of Mauritius .
of Her
Majesty's
subjects in Under instructions fromthe Home Government , the Governor ,
China.
Queen's as Her Majesty's Plenipotentiary and Chief Superintendent of
Order-in- Trade, caused the Queen's Order- in - Council of the 17th April ,
Council of * 66
17th April, 1844 , published under the Act 6 and 7 Vict. , Cap. 80 , An
1844. Act for the better government of Her Majesty's subjects resort-
Act 6 and 7
Vict. , Cap. 80, ing to China," † to be re-published on the 28th May, 1847 , as
Consular well as the Consular Ordinance No. 7 of 1844 , which related
Ordinance
No. 7 of to the same subject. This was done , as will be noticed , after
1844.
* Antè p. 43.
† Antè p. 28.
REGINA V. LARKINS . 143
the hearing of the Compton Case , and evidently with the idea Chap. VII.
that these enactments were not sufficiently known . 1847.
The Compton
The case of the Queen versus Larkins, which had excited Case.
considerable local interest, came on for hearing on the 2nd June, Regina
Larkins.r.
before Chief Justice Hulme and a special jury. Captain Larkins
was proprietor of the steamer Corsair plying between Hong-
kong and Canton, and was charged with having, during twelve Charged
months from February, 1846, to March , 1847, carried letters with breach
of Post
not excluded from the exclusive privileges of the Postmaster- Office
General. The penalty provided by Statute was either five Regulations.
pounds for each letter or one hundred pounds for every week
the practice was continued . The Crown claimed the latter,
amounting to £5,200 . The Jury found the defendant guilty of verdict
Strangeof
one breach of the Statute, thereby rendering him liable in a the Jury .
single penalty of £ 100 , recommending a remission of the fine
on the ground that the defendant was rendering a public
service, and accompanying their verdict with a censure of the Authorities
censured,
authorities for having permitted the system to go on so long
(upwards of a year) unchecked -a remark very proper in itself,
but rather strangely appended to a verdict which found that the
offence had been committed during one week only.
H.M.S. Agincourt, which had left Hongkong in December, 1846 ,
with Admiral Cochrane on board, left Penang for England at day- Admiral
light on the 15th April , in company with H.M.S. Wolf. In the Cochrane.
evening Admiral Inglefield hoisted his white flag at the mizen of Admiral
the Nemesis under a salute from H.M.S. Daedalus and the Penang Inglefield .
Fort, remaining in Penang for a time and arriving in Hongkong
on the 24th July, to assume command of the squadron.
In June, 1847 , some disclosures were made relative to certain Frauds by
frauds committed by the compradore in the service of Major Major Caine's
compradore.
Caine, and it was hoped that this would help to check the sys-
tem of fraud and extortion which had so often been entailed Payments to
upon official transactions in the Colony. It was asserted that him by the
leaseholders
Major Caine's compradore for a considerable period had induced of the
Central
the leaseholders of the Central Market and others to pay him Market.
moneys to obtain his master's good- will. Had the man practised He use
Major
extortion in his own name the crime would have been less Caine's
heinous, but he used the name of his master, thus bringing the name,
Mr. W.
character of public officers into disrepute among the Chinese. Tarrant
Mr. William Tarrant, for several years employed in the Surveyor- reports the
extortion
General's Office, brought these charges of extortion to the notice tothe
Government.
ofthe Government on the 3rd July. The charges implicated in a Committee
minor degree the compradore of the Treasury. The Governor of Inquiry
appointed.
at once appointed a Committee of Inquiry consisting of Mr. Prosecution
Campbell, the acting Attorney- General, Mr. Hillier, the acting of Mr. and
Tarrant
Chief Magistrate, and Mr. Caldwell, Assistant Superintendent
144 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. VII. of Police and Chinese Interpreter. The result of the inquiry,
1847. as reported upon by Mr. Campbell, ended in the prosecution of
Afoon for Mr. Tarrant, who was committed for conspiring to injure the
conspiracy
to injure character of Major Caine and held to bail to take his trial at
character the October Sessions, together with one Afoon, he also being
of Major
Caine. concerned in the alleged conspiracy. Mr. Tarrant denied that
Mr. Tarrant's
defence. he had wished to injure the reputation of Major Caine ; that on
Major the contrary he considered he was doing him a good service by
Caine's
compradore exposing the knavery of a person in whom he had placed con-
absconds. fidence. In the meantime, a most suspicious element in the
case, Major Caine's compradore had levanted from the Colony !
Land. Complaints having arisen from the landowners in regard to
Complaints
as to land the land tenure of the Colony, and the high Crown Rents , it
tenure and was, after much consideration, represented to the Secretary of
high Crown
rents. State, first by Sir John Davis and afterwards by Governor
Bonham that the extension of the term of 75 years on which
the lands of the Colony were then held , or the grant of the
lands in perpetuity , would be accepted as a boon by the mer-
chants. The complaints of the landowners had reached the
House of Commons, and a Select Committee of that House, it
will be remembered, was appointed to investigate the commercial
relations with China and the state of Hongkong.t
The feelings of the landowners with reference to the land
sales and land tenure appears in an article in The Friend of China
newspaper, of the 24th July, 1847 , as follows :-
" The land sale of January, 1844, § with all its injustice will at length be
brought to light ; but whether it will lead to any reduction of the present
rates of ground rent is doubtful. We are in hopes that justice will be done
so far as refers to the land tenure, by giving those who have built substantial
tenements a more permanent title than a lease for seventy-five years . It
certainly was not the intention of Her Majesty's Government that at the
expiration of the lease the land and buildings should be put up to public
competition. As the proprietor is bound to keep the property in an efficient
and habitable state, it would be unfair that the houses he built should be sold
to another. Such things have happened, however, as witness the sale of
January, 1844, at which grants with improvements were sold to the highest
bidder, to the discredit of the then existing Government. The odium of
these sales will rest upon Sir Henry Pottinger and his advisers, and the un-
scrupulous mauner in which he seized upon private property will not add to
his reputation. We are satisfied that though instructions were received
not to alienate the land, the same despatch provided for a clause, by which
the lease should be renewable for a further period . Though the language
is purposely ambiguous, this is admitted by Sir Henry Pottinger in his letter
to the landholders, dated the 6th March, 1844. We quote the passage,-
' looking to the instructions from England , although it has not been consider-
ed that a positive stipulation on the subject could be introduced into the
Leases, yet Her Majesty's Government will be moved to place on record that
it shall be understood that at the expiration of the present leases, the offers
of the occupants of the different premises shall have a preference over all
* See Chap. X. and XI., infrà.
Antè Chap. VI.
§ See Chap. I., antè p. 36 --also on the same subject, Chap. III., antè p. 71 .
LAND. 145
others, and that they shall be allowed to renew their leases on favourable Chap. VII .
terms for such further period as may then be deemed just and expedient.'
Mark the words, it has not been considered that a positive stipulation on 1847.
the subject could be introduced into the leases.' Whose opinion was this ?
The opinion of Sir Henry Pottinger and his legal adviser ! -certainly not ;
the opinion of the advisers of the Crown. The instructions Sir Henry refers
"
to did , in all likelihood , provide for a positive stipulation ' that the leases
should be renewed, on the same terms ; but Sir Henry Pottinger entertained
the opinion that at some future period building allotments in Hongkong
would become immensely valuable, and therefore he did not consider that a
positive stipulation could be introduced into the leases.'
Sir Henry Pottinger wished to secure to the Crown any increase in the
value of land at the expiry of seventy-five years, upon which the present
holders built expensive and substantial houses believing that their title would
be in perpetuity. Sir Henry did not perceive all the injustice of this mea-
sure, or he would have hesitated before he sanctioned, or rather adopted it.
He says Her Majesty's Government will be moved to place on record
etc.' But what evidence is there of such a record ? and seventy-two years hence
how are the occupants to prove its existence except by the loosely - expressed
paragraph we have quoted ? The leases would have been the proper place to
have recorded this, but they are silent on the subject. Supposing the record
duly made and admitted , it is not enough that the occupants should have a
preference in renewing the leases. Justice demands more than this. If
others are willing to pay a higher ground rent, it should be stipulated that
they take the buildings at a fair valuation . This may not have occurred to
Sir Henry Pottinger, but it is so reasonable that few will dispute it. It is
hard enough that those who first came to the Colony- or rather their heirs
--should be deprived of every possible advantage which may accrue from an
increased value in land that ought to have been their own ; but if they are to
be deprived of their houses, or compelled to re-purchase them, it will be a
gross violation of justice.
It is doubtful whether this point will be brought to the observation of the
Committee, as even here, Sir Henry Pottinger's letter and its admissions
appear to have been forgotten. Should the matter be overlooked, it will
then remain with the landholders, either to submit to the sacrifice of their
property, or respectfully petition Her Majesty in Council, that a clause be
endorsed on the leases to the effect, that they will be renewable on the pre-
sent terms, or, if again put up to competition, that the proprietors be re-im-
bursed for improvements ."
On the 7th August, the Government of India passed the Act The
No. XI. of 1847 , authorizing the Governor of Prince of Wales' Government
of India
Island ( Penang), Singapore, and Malacca to receive in the said pass Act
Settlements convicts " who had been duly sentenced to xiof 1847
authori zing
transportation by any competent Court " in Hongkong. In transporta-
pursuance of the said Act, the Governor directed , on the 23rd tion to the
Straits
September, that any offender convicted in the Colony and being Settlements
from
under sentence or order of transportation , be sent by the earliest Hongkong.
opportunity to the said Settlements . In August and September, Tenders for
the local Government had advertized for a passage to Penang passage of
61 convicts
for sixty-one convicts, and these undoubtedly were the men to Penang.
who, with others added to their number, on departure from
The ship
Hongkong in November, mutinied and captured the vessel on General
their way thither on board the General Wood, as will be found Wood and
mentioned hereafter. the mutiny
of convicts.
146 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. VII. Ordinance No. 6 of 1847 extending the summary jurisdic-
1847. tion of Police Magistrates and Justices of the Peace in Hong-
Ordinance 66
kong with a view," as the preamble stated , " to diminish
No. 6 of
1847. the number of prisoners from time to time in gaol , and to
Summary lessen the expense attending the detention of Crown witnesses,"
jurisdiction passed the Legislative Council on the 9th September.
of Police The
Magistrates measure was considered in some quarters as an encroachment
and Justices
of the Peace upon the powers of the Supreme Court ; but, be that as it may,
extended.
Encroach- the Magistrate's Court inspired less confidence than ever, and
ment upon the new Ordinance made matters worse. No news had yet
the powers
of the been received of a successor to Major Caine, and with the
Supreme passing of such an important Ordinance as above, it was again
Court.
Police Court Suggested that none but an experienced and legally qualified
inspires no person should be appointed to the Chief Magistracy .Such legal
confidence.
A legally qualifications were required at Home, and Lord Brougham's
qualified Act provided that no person shall be eligible for the position
Chief
Magistrate of Chief Magistrate who had not five years standing as a
desired .
Lord barrister. The public, however, had no hope of any amelio-
Brougham's ration in the Magistracy under the rule of Sir John Davis, but,
Act.
with his knowledge of local affairs, it was hoped that the Chief
No hope of
amelioration Justice would set his face against an Ordinance which gave the
under Sir
John Davis. Executive any control over the law Courts, and rendered the com-
Futile munity amenable to the judgment of men who were confessedly
appeal to
the Chief unacquainted with the laws of the country , -a very futile appeal
Justice for in all conscience having regard to the relations between the
amelioration Chief Justice and the Governor !
of affairs.
Governor Sir John Davis left the Colony for Cochin China on the 6th
Davis leaves
for Cochin October, 1847 , in H. M S. Vulture, Captain MacDougall, accom-
China.
panied by H. M. sloop of war Ringdore, Captain Clifford. His visit
was understood to have relation to the then existing commercial
Major- relations with Cochin China . During his absence, Major-
General
D'Aguilar General D'Aguilar assumed the reins of the Government .
acts.
Sessions of
the Vice- A sessions of the Vice- Admiralty Court was held on Friday, the
Admiralty 8th October. There were eight cases on the list , and the Grand
Court. Jury found true bills in all of them . In his charge the
Chief Justice Chief Justice stated that " he had not been allowed to see the
complains to
the Jury that indictments , " -a most extraordinary statement which under
he has not
been allowed any circumstances could not but appear unjustifiable and which
to see the at this distance of time can only be traced to Sir John Davis'
indictments. vindictiveness to Mr. Hulme. Mr. Parker obtained the postpone-
Sir John
Davis' vin- ment of one case on the ground of the shortness of the notice of
dictiveness. trial served upon the prisoners, and the acting Attorney- General,
Mr. Campbell , suffered another slip through his fingers , by a
flaw in the indictment, in having laid the stolen property as
belonging to two parties, whereas the first witness for the
prosecution distinctly swore that there were four partners each
MR. C. B. HILLIER. 147
with an equal interest in it. The Chief Justice took the oppor- Chap. VII.
tunity of suggesting that the ends of justice would not have 1847.
been defeated had attention been paid to what had occurred in
a former case of the same description , when by omission of the
words " and others " the prisoners escaped . Nothing further
transpired at this session calling now for observation .
No greater surprise could have come upon the public than Mr. Hillier
the announcement , on the 19th October, 1847 , in the official confirmed
as Chief
paper, that a despatch had been received from the Secretary of Magistrate.
State " confirming the appointment of Charles Batten Hillier,
Esquire, to that of Chief Magistrate of Hongkong ." This Public
came as a bolt upon the public from the clouds . Undoubtedly surprise and
comments.
the service was small, and the selection limited , but, as had
often been pointed out before , there were other offices for which
Mr. Hillier was qualified . It had been repeatedly represented
that for a position such as that under consideration , even at this
early stage of the Colony, a properly qualified lawyer and a
gentleman of experience was required, and more so than ever
since the passing of Ordinance No. 6 of 1847 relative to the ordinance
jurisdiction of the Magistrates. But with Sir John Davis , public No1847.
opinion counted for little and as is apparent it was only neces-
sary to oppose him in any matter, for him to show more
obstinacy. Mr. Hillier first joined the Government as Assistant
Magistrate under Major Caine in June, 1843, previous to which
he had been in the merchant service, so that after only four
years service he had now reached the highly honourable and
responsible position of Chief Magistrate, without any qualifica-
tions whatever except a knowledge of Chinese acquired in a
comparatively short time. Such rapid promotion in modern Rapid
times is quite exceptional, but Mr. Hillier owed this to his promotion
of Mr. Hillier
devotion and unswerving subserviency in things in general, to and to what
Sir John Davis and his immediate chief Major Caine. How- itChief
was due.
ever that may have been and however manifestly unfair to the Justice
hand inno
the
community in many respects - certainly Mr. Hulme, the Chief matter.
Justice, had had no hand in the appointment -one thing the
records disclose all through , and that is, that there existed no
more zealous and energetic officer at the time in the Government Mr. Hillier
service than Mr. Hillier. Whether in the Magistracy or as aofficer.
zealous
regards the Police, Mr. Hillier had ever been to the fore and His merits
ready to help in whatever way he could, and as to the Police, recorded.
>
he had occasionally shown much activity and rendered good
service, though upon the bench he appears often to have
* A strange confession of this is to be found many years after in the evidence given
by Major (then Colonel) Caine in his case against Mr. Tarrant for libel. He said Mr.
Ilier was almost like a child ofmy own. See evidence of Colonel Caine in the libel
ce of the Crown (on the information of Lieutenant- Colonel Caine) r. Tarrant, (17th
September, 1859) —reported in China Mail No. 763, September 29, 1859, p. 154, and infrà,
Chap. XXIX.
148 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. VII. adjudicated upon matters wherein in reality he himself was the
-
1847. prosecutor, and, be it said, not often to the advantage of the
prosecuted ; and though not one word is to be found in his
favour, to say the least, in connexion with his confirmation as
Chief Magistrate of Hongkong, it is as well that his merits
should be recorded here. The Government had evidently taken
time to think over his appointment, for although Major Caine
was confirmed as Colonial Secretary in April, it was not till
now that Mr. Hillier received his ; but it may be that a great
deal in regard to him had depended upon the disclosures
made to the Select Committee of the House of Commons,
and it will be remembered that Captain Balfour, formerly
Consul in Shanghai , and who had known Mr. Hillier for
some time, had stated in reference to the latter that he had
known him as " a zealous officer who had well qualified himself
for the performance of his police duties by acquiring the Chinese
language." * Coupled with the strong recommendation of Sir
John Davis, Mr. Hillier was therefore confirmed . He certainly
came within the meaning of "the few in authority perfectly
qualified " mentioned in The Dublin University Magazine of
His illegal July, 1847 , quoted in connexion with Major Caine.t His
sentences of
whipping. illegal sentences of whipping alone would not bear recapitula-
tion, leaving aside the fact that, at the time of his recommendation
Action to the honourable position he now held, he was under threat of
pending
against an action in damages for illegal arrest, and practical deportation
him. in connexion with the two Portuguese gentlemen extradited to
Macao in August, 1846. This action first came into Court in
April, 1848 , as hereinafter mentioned ; but this was one of the
many cases in which Mr. Hillier had but obeyed superior
orders. Contemporaneously with his confirmation as Chief
Ordinance
No. 6 of Magistrate, the Ordinance No. 6 of 1847 , previously alluded to ,
1847. extending the jurisdiction of the Police Magistrates and Justices
of the Peace, was promulgated . It enabled the Magistrates to
dispose of all the petty larceny cases, and thus relieved the
Supreme Court of about half the arduous duty of the Criminal
Ordinance Sessions. So far this was an improvement, but the Ordinance
objectionable
as the Chief itself was objectionable inasmuch as the Chief Magistrate was
Magistrate unfit for the responsible duties it entailed upon him , even
unfit for the
duties though he acted under instructions from the Governor. The
imposed. real object of the enactment, however, was an encroachment
Real object
of Ordinance upon the Supreme Court by the assumption of judicial power
an encroach
men t upon by the Executive, to whose control the Chief Magistrate
Supreme tamely submitted. Without going into the provisions of the
Court.
Ordinance itself, it was necessary to inquire whether under
* Antè Chap. VI., P. 134.
† Antè p. 141 .
See Chap. III § III, P. 106.
FLOGGING OF PAUPERS . 149
the usual limitations of a Magistrate's Court, and if untrammelled Chap . VII.
by an adherence to the dictates of his superiors, Mr. Hillier was 1847.
qualified for an appointment which required an extensive ac- Comments
upon Mr.
quaintance with the common and statute law of England . It was Hillier's
sufficiently well known that Mr. Hillier had never studied law even qualifica
tions.
in a subordinate capacity ; his decisions afforded ample evidence of
the fact . Upon these grounds his appointment was objection-
able in ordinary police proceedings ; but when he had a criminal
jurisdiction equal to that of a Court of Quarter Sessions with a
Jury in England, people may well have been apprehensive of
the consequences . Adding to this his submissive acquiescence His sub-
to the wishes of the Governor, it became clear that judicial missive
acquiescence
power was grasped by the usurping hands of a , weak and othe
partial Government, tottering under legislative and executive wishes of
the Execu
duties which it was too infirm to control. It was essential in tive.
an upright Magistrate that he should be free from any influence
whatever, otherwise his Court was corrupt, the laws violated ,
and the people oppressed . That Mr. Hillier acted under advice
of the powers that be was beyond question , and this was never
more emphasized than in the case of the two Portuguese before A Magistrate
noticed . A Magistrate who defers to the will of another is a deferring
the will ofto
person to be held in dread as dangerous to the community .' another.
On Saturday , the 23rd October, the Police hunted up about Vagrant
hunted up
a dozen paupers. In the afternoon, according to sentence, the papers
miserable creatures were flogged near West Point and landed on and
etc. flogged,
the opposite shore. The sight was described as disgusting in Disgusting
the extreme, some of the culprits being lepers and other beggars sight.
Some of the
whose faces were by no means unfamiliar to many. Afflicted culprits
and miserable, borne down by disease, these were certainly not lepers.
the men who had rendered the island insecure . It was no doubt
difficult to deal with such people, but, on the other hand , if their
presence was sanctioned at any time, this place would simply
be inundated with them, though it would appear that while
such creatures were in reality being harshly used , others of the
most infamous character went about unmolested . Surely, Flogging
again
flogging was not an appropriate punishment for such vagrants discussed .
as those described , and some milder measure of punishment
might have been adopted , but flogging had now been resumed,
and to carry it out was apparently determined upon . Thus the
opinion, formed in April last, that probably with more discrimi-
nation and less cruelty, sentences of whipping might not prove
* The first maxim of a free state is, that the laws be made by one set of men, and
administered by another ; in other words, that the legislative and judicial characters be
kept separate. When these offices are united in the same person or assembly, particular
laws are made for particular cases, springing oftentimes from partial motives, and
directed to private ends : whilst they are kept separate, general laws are made by one
body of men, without foreseeing whom they may affect ; and, when made, must be applied
by the other, let them affect whom they will. Archdeacon Paley. Principles of Moral
and Political Philosophy. Chap. VIII., Bk. 6.
150 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. VII. so dreadful after all, proved futile . Indeed , the new Police
1847. Court Ordinance No. 6 of 1847 , s . 5 , authorized corporal punish-
Ordinance ment to the extent of " 60 stripes , to be inflicted with a cane
No. 6 of
1847, s. 5 , or rattan," with the addition that persons unable to give a
authorized
satisfactory account of themselves were liable, if unregistered ,
60 stripes. to be sent out of the island .
October The Criminal Sessions of the Supreme Court , which began
Criminal
Sessions. on Saturday, the 23rd October, closed on Wednesday, the 27th .
Heavy There were 48 cases on the Calendar, the most important one
Calendar.
The case of which was that of Mr. Tarrant and Afoon accused of conspi-
against Mr.
Tarrant racy to injure the character of Major Caine, as mentioned in
and Afoon June last.* When the case was called, the acting Attorney-
postponed
at request General, Mr. Campbell, who had advised the Government in
of Mr. connexion with the matter,† moved for a postponement on the
Campbell,
acting ground that a material witness, Major Caine's compradore,
Attorney- was absent from the Colony. He produced an affidavit to that
General.
effect, but it did not disclose that any attempt had been made
to secure his attendance, though it was well known that the
man was residing near Canton, having prudently withdrawn
Mr. Coley, from the jurisdiction of the Court . Mr. Coley, on behalf of the
for Mr.
Tarrant, accused Tarrant, said that Afoon was not at first included in the
objects. charge. He had , on the contrary, been examined as a witness
against Mr. Tarrant, but, apparently because he had not gone
far enough and given such evidence as was wanted of him , he was
afterwards included in the charge and made a defendant. Lo
In Tin, Major Caine's compradore, was not examined as a wit-
ness either in the Magistrate's Court or in the other inquiry
that was held before . He had absconded after charges had been
made against him, and it was not probable he would return .
The Chief The Chief Justice observed that at least the witnesses who
Justice upon
the point. had given evidence before the Magistrate who had committed
Mr. Tarrant for trial, were known ; that the affidavit was practi-
cally of no use, as it did not show that any endeavour had been
made to secure Lo In Tin's attendance, and only stated that
he was absent, but he thought that no obstacle should be
Trial thrown in the way of clearing up a somewhat mysterious case
postponed.
by forcing an immediate trial, and he therefore further post-
Return of poned it on the assurance of the acting Attorney-General that
Governor his witness would be present at the December Sessions .
Davis from
Cochin On the 30th October, the Governor, Sir John Davis, resumed
China. duties on his return from Cochin China.
Complaints
against Mr. Complaints against the Sheriff, Mr. Holdforth, were now for-
Holdforth,
the Sheriff. mulated in regard to his treatment of Mr. Markwick, the Govern-
6
He with- ment Auctioneer, who had heretofore conducted the Sheriff's
draws
'Sheriff's Sales , ' and from whom these were now withdrawn by Mr. Hold-
* Ante p. 143.
† For Mr. Campbell's report , see the trial of Major (then Colonel) Caine against Mr.
Tarrant, for libel,-Chap. XXIX, kufrů.
MUTINY OF TRANSPORTED CONVICTS ON BOARD SHIP. 151
forth, and given to a Mr. Duddell . Mr. Markwick had received his Chap. VII.
appointment in the early days from Major Caine when Sheriff, and 1847.
was also the Appraiser and Auctioneer to the Supreme Court on Mr. SalesMark-
' from
its ecclesiastical side, and no just reason having been assigned wick, the
by Mr. Holdforth for withdrawing his sales from Mr. Markwick, Auctioneer,
and gives
except of being able to do as he chose, improper motives , in thethem to
absence of any apparent cause, were said to lie at the bottom Mr. Duddell.
Improper
of the change, and as events proved afterwards, having regard motives
to Mr. Holdforth's conduct in other matters, the surmises were assigned .
not altogether wrong. The records of 1848 and 1850 , it will be
seen, speak amply upon the subject. *
On the 6th November, 1847 , the ship General Wood left Hong- The ship
kong for Penang with ninety-two convicts on board and confined General
Wood.
in a prison built on the lower deck. On her arrival at Singapore, the
Mutiny of
trans-
this prison was taken down to make room for a cargo of sugar , ported
and the prisoners were removed to small spaces abreast the convicts.
main and after hatches , where, for want of other means of secur-
ing them , a chain was rove through their leg irons , the key
being entrusted to the sepoy who kept watch over them . The
vessel sailed from Singapore on the morning of the 2nd January, The
1848, and anchored the same evening off the Carimas. A little convicts
break loose
after midnight the convicts broke loose and took possession ofthe on leaving
Singapore.
ship, several of the officers and others being either killed or, panic and
through being panic- stricken , throwing themselves overboard , murder of
officers, etc.
Having taken full possession of the ship , one of the convicts They take
undertook to pilot them back to China. They accordingly possession
of the ship,
slipped the cable and with the assistance of some of the lascar and compel
the crew
crew, whom they compelled to work, made sail , but very soon to work.
lost all notion of the course they were steering, and at last after They run
twenty days ' sailing in different directions, ran upon a reef upon a reef.
about nine miles from the North Natunas. The vessel carried European
several passengers from Hongkong, including Lieutenant and passengers
on board .
Mrs. Seymour and Mr. Farquhar. They, with several of the las-
cars and as many of the Chinese convicts as the ship's boat would
hold, steered for Pulo Laut, and had not proceeded above half
way to the island when they saw the ship go off the rocks and
go down head foremost, carrying with her all those who had Rescued by
remained on board waiting the return of the boats . The Malay Chiefs.
unfortunate passengers met with kindness from the Malay chiefs
who conveyed them to Bungoran, the " Orang Kya " there
directing the headmen of the different islands to secure the other
convicts should they attempt to land, and to forward them to Blame
Bungoran also. Much blame was attributed to the authorities attributed
to Hongkong
in Hongkong for having put the convicts on board without a authorities.
guard or any means of securing them . It was a fact that these
* See Chapters X and XII., infrà.
Lit. Malay rich man '- otherwise ' head man .'
152 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. VII. ninety - two convicts , many of them known to be desperate ruf-
1847 . fians, were put on board without even a pair of handcuffs, and
that Captain Stokoe ( who had slipped over the ship's side dur-
ing the panic after the convicts had broken loose, and thus got
drowned ) finding this to be the case, had positively refused to
sail until he had been supplied with these, and that after wait-
ing two days, the Sheriff furnished him with only fifty pairs of
handcuffs for ninety-two convicts .
H. C. S.
Phlegethon The authorities in Singapore, on hearing ofthe mutiny , imme-
sent after diately despatched H. C. S. Phlegethon, to Pulo Obi, near the
the convicts, entrance to the Gulf of Siam, to ascertain the whereabouts of the
convicts. There a large number of the men were afterwards
Those captured, a card case and work box containing a note addressed
captured.
to one of the ladies, who was a passenger on board the General
Conduct of Wood, being found in the village. On the return passage of
captured
convicts the Phlegethon to Singapore, some of the captured convicts were
on board the actually overheard inciting the others to master the crew and
Phlegethon.
capture the vessel . Two jumped overboard, one of whom was
Their trial drowned, while another tried to hang himself. A supplemen-
at Singapore. tary Criminal Sessions was held at Singapore on the 18th and
19th May, 1848 , for the trial of the prisoners captured . Sixteen
of the convicts, also the Chinese carpenter and two Chinese
sailors of the General Wood, were charged with having seized
the vessel, and caused the death of Captain Stokoe and his
officers. The indictment contained three counts charging them
with " piratically assaulting Captain Stokoe , the commander,
and several others, and with having piratically, violently, and
feloniously taken the ship . " The trial lasted three days ; the
The Recorder summed up the evidence in a speech of four hours'
Recorder's
summing up. duration , and the Jury having retired about 6 p.m. , at half past
Extraor 11 , brought in the astonishing verdict of " guilty but without
dinary
verdict of violence, " with a rider recommending several of the culprits to
the Jury . mercy. This verdict naturally excited considerable comment
and, as an excuse, some of the Jury stated afterwards that they
Sentence of had misunderstood the explanations of the Recorder.
death The
recorded. Court met on Saturday at noon when sentence of death was
directed to be recorded against the whole of the prisoners . Five
of them, viz . , the carpenter, the two Chinese sailors, and two of
the convicts who appeared to have taken an active part in the
Sentence of affair, were sentenced to be transported to Bombay for life.
transporta- The Court took further time to determine what should be done
tion.
Recorder's with the others. In passing sentence the Recorder made some
comments on strong remarks on the verdict of the Jury, to which he said,
the verdict.
although he could not arrive at the grounds on which they had
formed their opinion of the case , he was bound to endeavour to
give effect, and that although sentence of death would be record-
TRIAL OF MUTINOUS CONVICTS . 153
ed against all the prisoners on the first count, yet he felt so Chap. VII.
hampered by the verdict of the Jury, that he could not allow 1847.
that sentence to be carried out. His Lordship
Lordship hoped that his
thus acting on what he believed to be the constitutional view of
the law, would not be attended by evil consequences . The No military
guard on
Singapore papers ascribed the catastrophe to there not having board the
been a military guard on board the General Wood, and the General
Wood.
Hongkong Government was saddled with the responsibility .
But a Governor surely had no power to order troops on a duty
which carried them beyond the limits of his own authority, and,
besides, the passage of the convicts was contracted for, and the
expense of putting up a prisoners ' room , guard , etc., was defray-
ed by the owner of the ship . The usual way apparently was to
pass a chain cable through the prison room to which the con-
victs were linked by the leg, and in the event of their proving
refractory, the chain was bent to one of the anchors which could
be let go on an emergency . A perusal of the narrative pub- Due precau-
lished in the Singapore papers led to the painful conclusion tions
takennot
that due precautions had not been observed on board the General on board.
Wood, and that to this was to be ascribed her capture the day
after she left Singapore . The prisoners ' room was taken down
to afford more stowage for sugar, the convicts were loosely
secured, and badly guarded, and when they did get free, though
only armed with billets of wood , there was no attempt to over-
power them. To censure those who were beyond censure was
an absurdity, but justice compelled one to say that, had the
discipline been such as it ought to have been in a convict ship ,
the General Wood would never have been captured . The records the Insurance
vessel on
of the time show that the insurances effected on the ship were disputed .
not afterwards paid . The case was laid before counsel and an
opinion given that the policy not having stated specifically that
it included loss from mutiny of convicts , the assurers were not
liable. The point, however, was to have been discussed in the
Supreme Court at Bombay, in regard to which unfortunately
nothing is to be traced in Hongkong.
A free pardon was granted to Charles Thompson ( con- European Constable
victed with three other constables at the Criminal Sessions held Thompson
on the 15th April last of larceny in a vessel in port and on board pardoned.
of which he had been placed as a guard ) on the 12th Novem-
ber. No reason was assigned for the pardon granted to this
particular man. On the same date, Patrick Collins, Patrick Soldiers also
Doyle, and James Hamilton, privates in Her Majesty's 18th pardoned.
Royal Irish Regiment, convicted of robbery in February last
and under sentence of imprisonment of one year, also received
a free pardon.
* Sec antè p. 138 ,
154
CHAPTER VIII.
1847-1848 .
SECTION I.
1847 .
Suspension of Chief Justice Hulme. Unfounded charge of habitual drunkenness pre-
ferred against him by Governor Davis .- Trinidad Judicial Scandal.-- Mr. Hulme a general
favourite in Hongkong. - Reprehensible conduct of Governor Davis. -Degrading accusa-
tion against a Judge. -Comparison drawn between Lord Chief Justice Jefferies and Chief
Justice Hulme.- Chief Justice Hulme had gained the respect and esteem of the community
at large.--Charge originally preferred in a confidential despatch to Lord Palmerston.-
Object of Governor Davis' private communication to Lord Palmerston. - Lord Pal-
inerston regarded it as an official document and handed it to the Secretary of
State for the Colonies. -Earl Grey demanded an investigation.-Governor Ďavis
tries to withdraw from the accusation.--Character of a Judge could not be defamed
with impunity.--Lord Grey requires Governor Davis to apologize or prove his charges.
-Chief Justice Hulme cited to appear before the Executive Council. - Members of
the Council. -The charges.- How the community received the charges. -The principal
residents attend at the Council door to mark their respect for the Chief Justice.—
Disgust at the conduct of Sir John Davis. - Chief Justice demanded a public inquiry
which was refused him. - Members of the Council were all cited as witnesses for the prose-
cution . - Major-General D'Aguilar protested against the proceedings. -The sanctity of his
hospitable board violated .- His private note to Governor Davis given in evidence.-
Governor Davis asserts his reason for this course.- Underhand and groundless charges.—
Character and position of the witnesses. - Nature of the evidence.-- Major Caine's testi-
mony. The first charge negatived. Mr. Hulme afflicted with a varicose vein in the leg.-
The second charge rebutted.-- Major Caine's testimony again the exception. - The third
charge set aside by a host of evidence. — Major Caine again the exception. - Contrary to
expectation, the Chief Justice is suspended on the first charge, of being drunk on board
H. M. S. Agincourt in November, 1845.--Belief not entertained that the Home Govern-
ment will sustain the measure. - Sir John Davis as informer. -The affair a vile slander.—
Government Notification of the suspension of the Chief Justice.--Residents leave their
cards at the Chief Justice's house. - Chief Justice against suggestion of a public meeting.-
Addresses of sympathy. All complimentary.- The Dublin University Magazine on
Chief Justice Hulme.-- Chief Justice Hulme an acquisition in Hongkong. - His gift of law
books to the Supreme Court Library. --His suspension a public calamity. - Sir John Davis'
nominee to the acting Attorney-Generalship as Mr. Hulme's temporary successor. — The
address of the community. - The reply. The address of the Special Jury. - The reply.-
The Attorneys of the Court accompany their address with a handsome gift. -The Chief
Justice's reply to the address of the Attorneys of the Court. -The Principal Chinese
Residents also show sympathy. -The reply of the Chief Justice to the Chinese - English
law.--Gratifying addresses.-Chief Justice's wife and family. - Motto on the gold snuff
box. -General sympathy with the Chief Justice. A disgraceful affair.- Conduct of
Governor Davis commented upon . Chief Justice Hulme a victim of persecution —The
Compton papers.-- The recall of Governor Davis a probability.-- Departure of Chief
Justice Hulme. -The ovation given him by Europeans and natives.- The Chinese display
flags and fire crackers. -A champagne tiffin on board.- The conduct of Governor Davis as
viewed outside the Colony.-The Press of India. - The career ofthe Governor.- The Compton
Case.-Governor Davis as the ' despicable ' man - Government Notification announcing
appointment of Mr. C. M. Campbell as acting Chief Justice. -Universal sympathy with
ChiefJustice Hulme. - Mr. Hulme in private life.—Mr. Campbell had directed the prosecn-
tion against Mr. Hulme.- How Mr. Campbell conducted himself on the bench. - Mr. N. D'E.
Parker, Crown Prosecutor. -Ordinance No. 6 of 1846. - Chief Justice Hulme only left the
Colony one month after his suspension. -Probable reason. - The Establishment of the
Supreme Court at the time of his suspension .- Rumoured resignation of Sir John Davis.-
Mr. S. G. Bonham as his successor.- Press conclusions.-The case of Cairns v. Lieutenant
Sargent of the 95th Regiment. -Action for damages for assault and battery.-The cause.-
Verdict.- Plaintiff, Editor of Hongkong Register, an inoffensive man. -Had refused
155
apology. -Governor Davis goes to Canton.- Major-General D'Aguilar acts.- December
Criminal Sessions. -Major Caine and his compradore. Abandonment of case against Mr.
Tarrant. Mr. Parker's reasons.- Mr. Tarrant lays his case before Earl Grey. - Governor
Davis ' reasons for abandoning the charge -Mr. Campbell. Alleged squeamishness.- Mr.
Tarrant asked Chief Justice Hulme to intercede for him with Earl Grey.-- Governor Davis
returns from Canton.-He appoints his nephew, Mr. Mercer, a member of the Legislative
Council in the place of Chief Justice Hulme.- Mr. Trotter, clerk to the Chief Justice,
resigns. Mr. Campbell recommends Mr. E. H. Pollard as successor -Mr. D. R. Caldwell,
Interpreter and Assistant Superintendent of Police. - Prosecution of Mr. Shortrede , Editor
of the China Mail for contravening Ordinance No. 2 of 1844 two years previously-- Press
contravention.-Prosecution is withdrawn.-Information had been filed by Air. Campbell
who was to have tried the case. -Judicial affairs of 1847 ; resumé.- The Report of the
Committee on our commercial relations with China. -The dual position of the Governor.—
The evils of the divisium imperium. - Ordinance No. 7 of 1846 .
SECTION II.
1848 .
Disallowance of Ordinance No. 10 of 1845, Naturalization of Aliens. -And Ordinance
No. 3 of 1847, Prevention of Piracy.-Approval of Order of Court relative to the execu
tion of writs of capias.-Mr. Cay, Registrar, appointed Master in Equity.- Mr. Pollard,
Keeper of Records and Muniments. -Mr. F. Smith, Surrogate of the Vice- Admiralty
Court. Mr. S. G. Bonham appointed Governor, vice Davis.- His previous career.- Sir
John Davis' life in Hongkong after the Hulme episode. -Public opinion of Mr. Bonham.-
Sitting of the Vice-Admiralty Court under Mr. Campbell. - The Chimmo Bay piracy.—
Too Apo, the informer.--The Jury return a verdict of guilty on his evidence. - Governor
Bonham afterwards pardoned the prisoners.--Major-General Staveley succeeds Major-
General D'Aguilar. - He is gazetted Lieutenant-Governor of Hongkong. -Death of Mr.
Goddard.-Execution of pirate convicts . -Piratical acts and the position of those who
committed them. -Not the mere dregs of society.-Too Apo, the informer. -Major-General
D'Aguilar appointed Colonel of the 58th Foot.-- Departure of Major-General D'Aguilar.-
A dinner in his honour. - Addresses.-His magnanimous conduct towards Chief Justice
Hulme.--By this single act Major-General D'Aguilar's faults and eccentricities over-
looked. His career as Lieutenant-Governor of Hongkong reviewed.-Mr. Compton his
fellow-passenger to England.--The Dublin University Magazine. Skit on Major - General
D'Aguilar.-The Bamboo Act.' ' The Cackling Geese.'-Death of Major-General D'Agui
lar.-Land -Rules of Court regulating admission of Translators and Interpreters.-
Supreme Court removed from Wellington Street to the present building in Queen's Road.
The Irish celebrate St. Patrick's Day in the old Court House.
" Ch. VIII § I.
READING not infrequently of judicial misconduct in Colonial Suspension
Courts of Justice ; meeting often with bad temper, bad law and of Chief
Justice
bad logic, and aware that the private lives of some of our Hulme.
Unfounded
Judges have not been quite in keeping with the purity of the charge of
ermine, the reader at times therefore is not surprised at coming hab
drunkenness
across some startling news from some part of the Colonial world preferred
(as for instance the comparatively recent case known as the against him
by Governor
Trinidad Judicial scandal * ) at which the mind revolts ; but Davis.
here, however, the people of Hongkong had yet to be pained and Trinidad
Judicial
astonished at quite a different proceeding , initiated this time by Scandal.
the Governor of the Colony against the Chief Justice, Mr.
Hulme. Of the latter gentleman , it was said he was zealous Mr. Hulme a
general
and intelligent to a degree, of a lively and social temperament, favourite in
and of perfect uprightness and thorough independence. He Hongkong.
appears to have been a general favourite in Hongkong , except
of course at Government House, and his judicial decisions had
given every satisfaction . There is something incongruous and Reprehensi-
repugnant in the very idea of a charge of habitual drunkenness ble conduct
* Anderson r. Gorric, 10 T. L. R. 383 ; id. 660 ; [ 1893 ] , 1 Q. B. 668 ; 71 L. T. 382 .
156 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. VIII 1. being preferred against a Judge, and supposing even that Mr.
1847. Hulme had been guilty in respect of this degrading charge, which
of Governor Sir John Davis had preferred against him, the course pursued by
Davis.
Degrading his accuser deserved the strongest reprehension at the hands of
accusation every honourable man. The accusation dragged the functionary
against a
Judge. who, above all others, is bound to maintain a rigid integrity
and a scrupulous propriety of deportment, down to the level of
the noisy brawler, who exposes his folly to the world and
courts the disgrace he cannot avoid . It upsets all preconceived
notions of the judicial character, and draws the mind insensibly
Comparison back to the days of the infamous Jefferies, who was said to have
drawn
between drunk himself to death in the Tower, and of whom a contem-
Lord Chief porary historian affirmed that, even in his better days, " his
Justice
Jefferies and friendship and conversation lay much amongst the good fellows
Chief
Justice and humorists, and his delights were accordingly drinking,
Hulme. laughing, singing , and all the extravagancies of the bottle." If
such an accusation , therefore, be in its very nature odious , if it
startles one when brought against a Judge of whose character
nothing is known, how much more hateful and more astonish-
ing must it prove when the party assailed is one whose reputa-
tion had hitherto been without spot or blemish, and who had
Chief so demeaned himself as to have gained the respect and esteem
Justice
Hulme had of the community at large. Such would seem to have been the
gained the
respect and case of Chief Justice Hulme . It is proper to state that the
teem of the charge was first preferred in a private despatch written to Lord
community
at large. Palmerston, the Secretary of State for Foreign Affairs , by Sir
Charge John Davis, in his capacity of Her Majesty's Plenipotentiary
originally
preferred in and Superintendent of Trade, shortly after the decision in the
a confident al Compton Case touched upon herein in November last . * This
despatch to
Lord decision proved the reverse of palatable to Sir John Davis
Palmerston. who had not been able to prevail upon the Chief Justice to
sustain the illegal decision of the Consular Court after he had
improperly written to him privately asking him to do so.
The Chief Justice's adherence to the law of his country, in
opposition to the wishes of Sir John Davis, gained him the
enmity of that functionary, and the declaration of the legal
advisers of Her Majesty's Government that the Judge could not
have acted otherwise, f added oil to the flame that burned in
His Excellency's breast.
Object of
Governor It occasionally happens that the biter gets bit, the fox falls
Davis'
private into his own trap, and such was the case in this instance. Sir
communica
tion to Lord John Davis never expected that his private communication
Palmerston. would go further , nor did he intend it to lead to an investiga-
* Ante Chap. IV.
Letter dated February 24 , 1847, from Viscount Palmerston to Sir J. Davis- see
also Chinese Repository, Vol, xvI., p. 444,
CHIEF JUSTICE HULME BEFORE THE EXECUTIVE COUNCIL. 157
tion ; his object was secretly to blast the character and ruin the ch. VIII § 1.
prospects of his enemy. But the reputation of a Judge is not to 1847.
be blasted by charges conveyed covertly to Her Majesty's Lord
Palmerston
Government, and Lord Palmerston , regarding the despatch as regarded it
an official document, very properly handed it over to Earl as an official
document
Grey, the Secretary of State for the Colonies, who forthwith and handed
demanded an investigation. In reply to this, Sir John Davis Secretary
it to the of
reported that " since Mrs. Hulme had returned from England, State for the
the Chief Justice had improved , and that it would consequently Colonies.
Earl Grey
be unnecessary to pursue the matter further." The character demanded an
of a Judge, however , could not be defamed with impunity, and investiga-
tion.
Lord Grey intimated to Sir John Davis that he must either Governor
apologize or prove his charges, and he chose the latter alterna- to
Davis triesaw
withdr
tive. from the
accusation.
Accordingly , on Monday, the 22nd November, 1847 , it became Character of
a Judge
generally known that Chief Justice Hulme had been cited to could not be
appear before the Executive Council, the members of which defamedwith
were Sir John Davis, Major- General D'Aguilar, Mr. A. R. impunity.
Johnston ( Secretary to the Governor as Plenipotentiary ) , and Lord Grey
requires
Major Caine, to answer to the following charges brought against Governor
Davis to
him by Sir John Davis :- apologize or
prove his
1st. For having been intoxicated at a dinner party given by Rear- charges.
Admiral Sir Thomas Cochrane on board of H. M. S. Agincourt in the latter Chief Justice
Hulme cited
part of 1845 .
to appear
2nd. For having been intoxicated at the house of Major-General before the
Executive
D'Aguilar in July , 1846. Council.
3rd. For being an habitual drunkard . Members of
the Council.
The announcement of these charges was received with incre- The charges.
dulity ; even on Tuesday, the 23rd November , it was doubted that How the
such infatuation as an attempt to prove them could exist, but community
erring humanity was not to end here, and the endeavour to blast received the
charges.
the reputation of such a man as Chief Justice Hulme, in reference
to whom such favourable comments have appeared herein
regarding the past , was to be gone on with at all risk. A note
in Mr. Hulme's handwriting , intimating to a neighbour that
such was the fact and requesting Mr. Hulme to attend the
Council and give evidence, left no doubt as to the course to be
pursued . The principal
On Thursday, the 25th November, the first day residents
the Council met , the principal residents , almost to a man, attendat the
attended at the Council door to mark their respect for the to Council door
mark their
Honourable the Chief Justice by uncovering as he entered to respect for
the Chief
meet bis accuser. For three days the Council was engaged Justice.
examining witnesses. Disgust
There are scarcely words in the language the at
conduct
severe enough to express one's disgust, even at this distance of of Sir John
Davis.Justice
time, at the conduct of Sir John Davis in reference to his distin- Chief
guished victim. On Thursday, before the proceedings commenced , demanded a
158 HISTORY OF THE LAWS , ETC., OF HONGKONG .
Ch . VIII § I. the ChiefJustice demanded that the inquiry be a public one . This
1847. was denied him ; an act of injustice as the members of the
public Council were all cited as witnesses for the prosecution , it being
inquiry
which was ruled that their evidence should be taken last, in order to fill any
refused
Members him.
of hiatus in the testimony that had preceded them . In Courts of
the Council Inquiry, it is not usual for the members to appear as witnesses ,
were all
cited as but, on this occasion , precedent, decency, and honour were set at
witnesses for defiance. The mind revolts at the idea of the sanctities of
the prose-
cution. private life being invaded for the purpose of substantiating such
Major- accusations, and Major- General D'Aguilar, as a member of
General
D'Aguilar Council, protested against the proceedings in toto . He protested
protested against the sanctity of his hospitable board being violated by
against the an inquiry as to the conduct of his guests. He also protested
Proceedings, an inquiry
sanctity against a private note to Sir John Davis, marked ' private and
of his hospit-
able board confidential ' being received in evidence, but the Honourable
violated.
His private Baronet read it, coolly remarking at the same time that his
note toGov- letter to Lord Palmerston was also private. The one, how-
ernor Davis ever, was intended to ruin a man of high moral and intellectual
given in
evidence. character by underhand and groundless charges ; the other, a
Governor
Davis asserts confidential communication between two acquaintances inadmis-
his reason for sible in evidence according to the code of honour which
this course
Underhand regulates society. General D'Aguilar showed at all events that
and ground his heart was in the right place, and not an Englishman in
less charges. China ( apart from a few officials ) but admired his manly
advocacy of the privileges of society so grossly violated.
Character The witnesses for the prosecution were nearly all naval and
and
of position
the wit- military officers ; one officer of rank testified that he had met
nesses. the Chief Justice at dinner parties eighteen times, and that he
was always the first man to leave the table, "the charges being
perfectly groundless."
Nature ofthe To prove the first count, that of having been intoxicated on
evidence.
board H. M. S. Agincourt, various witnesses were examined , but
they proved a negative. The first declared that he had seen
admirals , generals, and governors a great deal more excited .
Major Others testified much the same, with the exception of Major
mony. testi-
Caine's Caine. That official declared that the Chief Justice was intoxi-
The first
cated on board the Agincourt and also at the General's party, but
charge
negatived. that he had not seen him under the influence of wine on other
occasions. The first charge was negatived by Sir John Davis'
Mr. Hulme own witnesses, and in a few words the facts were these. Mr.
afflicted with Hulme was at the time afflicted with a varicose vein in the leg."
* That this was so and a complaint of long standing in the Chief Justice, the follow-
ing extract from a letter, addressed by Mr. Hulme to his clerk Mr. Leggett, still on the
records of the Court, and written as far back as the 7th December, 1844, clearly testifies :-
"Dr. Dill thinks I shall be able to come to Court on Monday, but that it will be ne-
cessary for me to keep my leg up on a couch. I shall therefore in all probability be
obliged to have the suitors , etc., into my private room, as the couch would be much too
low for the Court table." Magna est veritas et prævalebit.
SUSPENSION OF CHIEF JUSTICE HULME . 159
To enable him to appear in dress at the Admiral's party , the Ch. VIII
- § I.
bandages were removed for the evening. Mr. Hulme, like 1847.
many other good men, was of a gay and mirthful disposition, a varicose
frank, gentlemanly, and social, -just the person, it was said, to vein
leg . in the
be courted on such occasions . In the course of the evening his
weak leg getting troublesome, and without recollecting that he
was the guest of a creature of etiquette, he placed it on a
couch or chair.
The second count , that of having been intoxicated at General The secon
charge
D'Aguilar's table in July, 1846, was also rebutted .The guests, rebutted .
military and civilian , proved the charge to be false. Major Caine Major
Caine's testi-
was again an exception , his evidence being in favour of the prose- mony again
cution ; but opposed to it, there were recorded the declarations the
tion.excep
of several military men who were present, and that of a civilian
who left the house with the Judge and shook hands with him
in the street.
The third count, that of being an habitual drunkard and the The third
only one of grave importance, was set aside by a host of evidence charge
aside byseta
including officers, naval and military ; the heads of firms ; the host of
medical attendant of the accused ; the lawyers practising before evidence,
his Court ; and a representative of the press who generally
attended every Court to report. The evidence showed that on
the Bench, the Chief Justice was remarkable for his composure
of manner, for his patience in attending to the testimony of
prevaricating Chinese witnesses , and for the impartiality of his
legal decisions . All this certainly was incompatible with the
shattered nerves of a drunkard. Those who had had the ad-
vantage of meeting him in society declared unhesitatingly that
the charge was false. The number of witnesses was not short
of thirty for and against the prosecution, though, with the ex- Major Caine
ception of Major Caine, the testimony was favourable. The exception.
again the
above is a condensed report of the proceedings before the
Executive Council. Those who were acquainted with the
whole facts treated the matter with derision, though it was
rightly believed that, if he had the shadow of an excuse for
doing it, Sir John Davis would suspend Mr. Hulme until the
decision of Her Majesty's Government was known . In the face
of the evidence , however, it was said , the Governor would
scarcely dare commit such an outrage, though he had power to
suspend any member of the Government, taking upon himself
the responsibility which at times was rather a serious one.
Contrary to expectation and in defiance of strong proof to Contrary to
the contrary, the Chief Justice was suspended from office on the expectation,
Chief
the first charge, that of having been intoxicated on board Justice is
H.M.S. Agincourt in November , 1845 , that is to say, exactly two suspended on
160 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. VIII § I. years before the institution of the inquiry ! No one for
1847. a moment entertained the belief that Her Majesty's Govern-
the first ment would sustain this unjust measure. Although the in-
charge, of
being drunk quiry had been conducted with closed doors , the evidence was
on board
H.M.S. Agin- known as much as if it had been open . People of all classes ,
court in Nov. naval , military, and civilian, bore testimony to the falsity of
ember, 1845.
Belief not the allegations, but, as may be seen, it had been pre - arranged
entertained that the upright Judge was to be got rid of, for apart from be-
that the
Home ing the judges, with the exception of Major - General D'Aguilar,
Government all the members of the Council had either been informers in
will sustain
the measu re. the matter or had been heard as witnesses. Sir John Davis
Sir John as President occupied the respectable position of informer, and
Davis as
informer. both Major Caine and Mr. Johnston had been heard as wit-
nesses for the prosecution. Major- General D'Aguilar, with the
true feelings of a soldier and a gentleman, denounced the whole
The affair affair as a vile slander, but these feelings unfortunately did not
a vile
slander. then predominate in the Executive Council of Hongkong. The
inquiry, beginning on Tuesday forenoon , the 25th November,
concluded late on Saturday, the 27th, and on Tuesday, the 30th
Government
Notification November, appeared the Government Notification that the Chief
of the Justice had been suspended ; -very quick work it will be admit-
suspension ted, but suggestive of much. So soon as the result was known,
of the
Chief the residents to a man left their cards at the Chief Justice's
Justice.
Residents house . It was intended to hold a public meeting to determine
leave their upon the measures to be taken, expressive of the feelings of the
cards at the
Chief community, but this was abandoned in compliance with the
Justice's Chief Justice's wish , he being apprehensive that it might be
house.
Chief construed into a hostile demonstration towards the Government.
Justice
Addresses expressive of sympathy for his unmerited punish-
against
suggestion ment, admiration for his high moral character, and entire con-
of a public fidence in his rectitude on the Bench were immediately got up
meeting.
Addresses and presented to Mr. Hulme from the following parties :-
of sympathy.
First-from the inhabitants of Hongkong, the address being
dated the very day of the publication of the suspen-
sion of the Chief Justice from office.
Second- from the British Residents at Canton.
Third-from the members of the Special Jury .
Fourth-from the attorneys practising before the Supreme
Court, the address being accompanied with a hand-
some gold snuff- box.
Fifth-from the principal Chinese residents of the Colony.
All These addresses were all in the highest degree complimen-
complimen-
tary. tary ; but after witnessing the Chief Justice's career upon the
The Dublin Bench for three years , there could be no doubt that he fully
University deserved all that was said of him. It would not be amiss to
EULOGY PASSED ON CHIEF JUSTICE HULME . 161
insert here the following paragraph extracted from an article Ch, vIII § I.
upon Hongkong and some of its officials which appeared in The 1847.
Dublin University Magazine of July, 1847. The article fully Magazine
shows what an acquisition the Colony had in the person of on Chief
Justice
Chief Justice Hulme. The gift of his law books to the Supreme He
Hulme.
Court library, where they are to be found to this day in a per-
Chief
Justice
Hulme an
fect state of preservation and where they are yet of value, is
alone an act of unselfishness and generosity, having regard
acquisition
in Hongkong.
especially to the fact that in those days, the Court had yet His gift"
acquired no library of its own, -never to be forgotten in con- of lawto the
books
nexion with his career in Hongkong . The following is the Supreme
Court
paragraph alluded to : - Library.
" CHIEF JUSTICE HULME ."
"Some notice must be taken of the Court of Justice, in the construction of
which many difficulties , all who know anything of the routine of business in
legal offices are aware, must arise in a new colony. These difficulties have
all been overcome by the exertions of the highest judicial officer in the ser-
vice of the Crown. A most happy selection was made of a gentleman, and a
lawyer of great ability, in the person of Mr. Hulme, to fill the office of first
Chief Justice in the island . Nothing can exceed the masterly manner in
which, unaided , he has prepared a body of general rules and orders for the
regulation of the Supreme Court. The urbanity of his demeanour, the
soundness of his judgment, and the impartiality of his conduct upon the
bench, have secured for him, in a short time, the respect and esteem of all
upright men. Nor are these legal attributes and attainments his only title to
admiration. With a liberality the most unusual, the Chief Justice has
placed a most valuable law library in the Court-House, for the use of prac-
titioners and suitors."
His suspension , therefore, was rightly looked upon by the His
entire community-with the exception of a few who dreaded suspension
a public
his impartial administration of justice -as a public calamity. calamity.
And this was the more evident when it was seen later on how Sir John
the business of the Supreme Court was conducted by the young Davis'
nominee to
person who was nominated acting Attorney- General by Sir
John Davis during the absence on leave of Mr. Sterling, and Attorney.
Generalship
whom he now appointed to act for Mr. Hulme after his suspen- as Mr.
sion. Hulme's
temporary
The following was the address presented by the community successor.
of Hongkong, which obtained one hundred and sixteen signa-
tures :-
Hongkong, 30th November, 1847.
Sir, The address
of the
Impelled by a sense of duty, we the undersigned your countrymen and community.
fellow-subjects in China, of various professious and pursuits, cannot refrain
from expressing our feelings with regard to the extraordinary position in
which we see you placed.
* The same address was circulated at Canton, where it received one hundred and
fourteen signatures.
162 HISTORY OF THE LAWS, ETC. , OF HONGKONG.
Ch. VIII § I. Our opinion of the charges brought against you is best shown is the
1847. esteem and regard , which your private character has won for you from a
large circle of friends and acquaintances, and in the respect and coufidence,
which the able and punctual and faithful discharge of your public duties,
have ever commanded for you from the entire community.
Whatever may be the final issue of these proceedings, be assured , Sir, that
your administration of justice in the Supreme Court of Hongkong has earned
for you the gratitude of your fellow-countrymen in China, and that you bear
with you the respect and reverence due to an upright judge, performing the
duties of his high office without fear or favour, faithfully executing justice
and maintaining truth.
With the deepest sympathy and respect, allow us to subscribe ourselves,
Sir, your most obedient and humble servants,
[Here followed the signatures.]
To The Honourable
JOHN WALTER HULME, ESQ .,
Chief Justice, Hongkong.
The reply.
To this, the following answer was returned : -
Gentlemen,
I thank you for this expression of your sympathy and respect.
words, not heart, adequately to convey to you my due appreciation of the
kindly spirit, the noble, honourable, generous feeling, which has dictated the
present address . However innocent a man may be, he can ill bear up under
charges such as those which have been preferred against me, if he have not
the sympathy and support of his fellow-men . It has been my good fortune
to meet with the most universal kindness, in the trying position in which I
have been placed . I am but too happy to be told that my private character
has gained me the esteem and regard of my friends, and that my public
character has won me the respect and confidence of the community. I trust
I may never forfeit either of these valuable acquisitions.
Gentlemen, I will not detain you by taking a review of the proceedings
instituted against me, indeed I am anxious to say as little as possible concern-
ing the charges, which have been under investigation, until Her Majesty's
pleasure as to the course pursued is known, but this much I feel myself at
liberty to express, that not only have the charges not been proved but that
they have been most positively disproved . That what I state to you is the
fact will clearly appear when the evidence is made public , and I hope that
not only the evidence may be published , but also the despatches relative to
the charges, to which I have been subjected . It would be no difficult task to
trace these charges to their true origin, but I forbear doing so for the reason
I have already assigned . The matter is now in the hands of Her Majesty's
Government, and it only remains for that Government to pronounce its
opinion upon the evidence, as to the truth or falsehood of the charges.
Gentlemen, although I have suffered much from the independent discharge
of my judicial duties, rest assured , that so long as I have the honour to hold
Her Majesty's Commission no amount of suffering or misery shall ever induce
me to depart from the course I have hitherto pursued -a course to which I
am bound, as well by virtue of my oath, as by common honesty, and that I
shall continue when restored to the office of Chief Justice, to base my judicial
opinions upon the facts brought before the Court without fear or favour.
Gentlemen, again I thank you.
ADDRESS OF SPECIAL JURORS TO THE CHIEF JUSTICE. 163
The address presented by the Members of the Special Jury Ch. VIII § 1.
was as follows : 1847.
Victoria, Hongkong, 2nd December, 1847 . The address
of the Special
To the Honourable Jury.
JOHN WALTER HULME, Esq.,
ChiefJustice, etc., etc.,
Hongkong.
Sir,
We, the undersigned Members of the Special Jury of this Colony, have
learnt with regret your suspension from office, and consequent retirement
from amongst us.
As jurors, who have most of us served under your administration, from
your first taking your seat on the Bench of the Supreme Court in China, till
the present time, we beg, with every respect, to offer you the humble tribute
of our praise for the upright and impartial manner in which you have
conducted the duties of your high office ; we thank you for the untiring
patience with which you have investigated the various causes which have
been brought before you for your decision ; and we congratulate you on the
more than common success (not a single appeal having been made against
your decision ) which has attended your administration of the law, during the
entire period of your sojourn amongst us.
In taking leave of you, we may be allowed to indulge the hope that your
absence will be brief, but should it be decided otherwise, we wish you a
sincere farewell, and with the assurance of our warmest sympathies, we
remain, Sir, your most obedient humble servants.
The reply of the Chief Justice was as follows :- The reply.
Gentlemen of the Special Jury,
I feel truly grateful for your kind address . Coming as it does from a class
of gentlemen whose duties in the Supreme Court have afforded them such
ample opportunities of judging of my conduct when on the Bench, it is
rendered doubly valuable.
I am proud to think that the manner in which I have discharged my
judicial duties has met your approbation, and I rejoice to know that the
present mark of respect to my public character at once affords an answer to
the charges which have been levelled against my private character.
Gentlemen, it is with the deepest regret I separate myself from you, but I
trust the separation will be temporary only, and that I shall return to you
amply repaid for the troubles I have undergone, and be allowed the oppor-
tunity of proving myself worthy of the respect and sympathy you have so
kindly shown me . -Gentlemen , farewell.
The Attorneys of the Court, hearing that the Chief Justice. The
had decided to proceed to England , waited till Christmas Day , Attorneys
when they presented their address to him, accompanied with a Court
handsome gold snuff- box . The address expressed the enduring their address
respect they entertained for him, and was as follows :-- with a
handsome
Victoria, Hongkong, 25th December, 1847 . gift.
To the Honourable
JOHN WALTER HULME,
ChiefJustice of the Supreme Court of Hongkong.
We, the undersigned , deeply regretting the unfounded charges that have
brought about your intended departure from this Colony, which we with great
164 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. VIII § I. sincerity trust will be but temporary, venture to express our esteem and
admiration of your upright, able, and truly impartial discharge of the high
1847.
trust reposed in you as Chief Justice of this Colony since the establishment
of its Court of Judicature.
The manifold benefits conferred by you whilst on the Bench in the speedy
and effective administration of Justice --your unbiassed feeling, perfect
equanimity, and great courtesy manifested towards suitors and their advocates,
has at once endeared you to us, and has won for you the unqualified respect
and affection of the community.
Great would be our desire had the limits of an address permitted to dilate
upon the unvarying kindness exhibited by you towards us, and still greater
would be our desire to be allowed an opportunity of joining our fellow-colonists
in giving public expression to the enduring respect entertained for you , but
as this is not agreeable to your wishes, we beg to proffer you the accom-
panying token, to wish you all happiness during your sojourn at Home, and
to indulge in the pleasing hope of seeing you again presiding over us as a
judge, triumphant over the attacks of enmity, whether levelled at your
professional fame, or at the purity of your private and moral character.
NORCOTT D'E. PARKER,
RICHARD COLEY,
WILLIAM GASKELL, Solicitors.
P. C. McSwYNEY,
E. FARNCOMB,
The Chief The reply of the Chief Justice was as follows : -
Justice's
reply to the Saturday, 25th December, 1847.
address of
the Attorneys Gentlemen,
of the Court. No words can sufficiently express my gratitude for your very handsome
and flattering address -an address which I am perfectly satisfied would never
have found its way up here, had there been the slightest foundation for the
gross charges, which have been brought against me .
I have had the honour of presiding over Her Majesty's Supreme Court at
Hongkong as Chief Justice for upwards of three years, and it affords me the
highest gratification to find that my conduct has been such as to win your
esteem and admiration. During this period you have at all times, whether
in Court or at Chambers , shown me the utmost respect. Believe me, Gentle-
men, this respect has been mutual, for depend upon it, to be respected, you
must learn to respect others.
It also gives me the greatest pleasure to think that, as Judge, I have
secured the respect and good wishes of the suitors and of the community at
large.
I join most cordially in the wish , so kindly expressed, that I may soon
return and again preside over the Supreme Court ; but, be assured , Gentle-
men, that whether I have the honour of holding Her Majesty's Commission
in Hongkong or elsewhere, the remembrance of your address will never be
obliterated .
You have not stopped here ; I see before me the splendid token of your
respect. Valuable as this token is intrinsically, it possesses a value far more
than its intrinsic worth. It will be treasured by me as an heirloom and
handed down to my children ; and if, when my earthly career is terminated ,
any kind friend should cast the foul charges which have been preferred
against me in their teeth, they can point to that token in refutation of the
charges. But, much as I admire the token itself, the feeling which wrought
the precious metal into its present handsome form demands my still higher
admiration.
CHINESE MARK OF RESPECT FOR THE CHIEF JUSTICE . 165
Gentlemen, whether our separation be long or short, I sincerely wish you all Ch. VIII § I.
health, happiness, and prosperity, and beg you not to judge my feelings by
1847.
the brevity of my address.
The principal Chinese residents of the Colony were not to be The principal
outdone by their fellow-residents of other nationalities in show- Chinese
residents
ing sympathy with the Chief Justice. They also, on hearing of also show
his treatment, spontaneously drew up and presented him with sympathy.
an address in Chinese, containing upwards of one hundred
signatures. The translation of the address is not here repro-
duced in full, but in it appeared the following paragraph :
" ...... We always had good ideas of Judge Hulme since the opening of
the Honourable Court until this day. So we ought to make a large and
valuable present for His Honour on his return Home as a mark of our respect,
for virtue has always a good reward . We know well, however, Your Honour
will not accept it, so we can only send this valuable paper and its contents
to Your Honour for your uprightness , cleverness , and pureness which will be
established through all the world and go to the ear of everyone and also before
your Queen in her palace, that she may know Your Honour's upright, clear,
and pure heart......"
The following was the Chief Justice's reply to the Chinese the The Chief
reply of
traders . It will be seen that the administration of English Laws Justice to
is touched upon by Mr. Hulme, leaving therefore no doubt the Chinese.
whatever as to the applicability of those laws in the Colony
upon the promulgation of the Charter, -a subject animadverted English law.
upon before in the earlier portion of this work . * The Chief
Justice said :-
" Chinese Inhabitants of Hongkong,
This mark of respect to my public character affords me peculiar gratifica-
tion. As Judge of the Supreme Court of Hongkong, it has ever been my
study to administer the laws of Hongkong fairly and impartially, totally
regardless of the parties by whom redress from those laws may have been
sought, whether Chinese or English. As inhabitants of a British Colony,
one of the greatest privileges you enjoy is the right to a due and even-handed
administration of the English laws, and I am satisfied that the more you
become acquainted with these laws, the more you will learn to love and
respect them . Be assured that no present you could have made me would
have given me half the pleasure that your expression of gratitude and respect
has afforded me. Farewell."
These addresses could not but have gratified the respected Gratifying
addresses.
Judge himself ; and to his wife and family they doubtless were Chief
doubly precious as denouncing and disproving a foul slander . Justice's
The handsome gold snuff- box presented by the Attorneys of wife and
family.
the Supreme Court bore the appropriate motto- " Indignante Motto on the
invidia florebitjustus," and inside the lid, the words : — gold snuff
box.
"Presented by the Attorneys of the Supreme Court to the Honourable
John Walter Hulme, Chief Justice of the island of Hongkong, as an humble
tribute of their admiration of his unblemished integrity and upright demea-
nour on the bench, and in testimony of their regard for his private and public
character, which has gained him alike the confidence of the community, and
the high esteem of the profession . "
* See Introduction , antè p. 23.
166 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. VIII § I. Bitter, indeed, must have been the feelings of the honourable
1847. gentleman's slanderers when they perused the addresses . A
General very general sympathy towards the Chief Justice was excited
sympathy
with the by these painful proceedings. Altogether a more disgraceful
Chief
Justice. affair than this had perhaps never occurred in modern times.
Adisgraceful Here was a Governor of a Colony taking a dislike to a Judge
affair.
and privately slandering him ; endeavouring to wriggle out of
the difficulty when he found the secret calumny converted into
open accusation ; and finally trying the accused party by a
Conduct of tribunal of which he was himself President, and the members
Governor
Davis of which were permitted to give evidence against the functionary
commented whose conduct was under inquiry. With what feelings of
upon.
dismay the Chief Justice must have seen his accuser and the
witnesses against him arrayed at once as Judges and Jurors ,
and how profound the admiration with which the European
and native inhabitants of the Colony must have regarded such
Chief an exhibition of British justice ! There was but one feeling
Justice
Hulme a on the occasion, which was that Chief Justice Hulme had been
victim of
persecuted in a most disgraceful manner, and that he had passed
persecution.
most honourably through the fiery ordeal of an investigation
into his private life. Malice and hatred had followed him to
the table of his friends, but malignity itself had only charged
him with being excited by wine twice in two years , and the
The
Compton charges had been refuted by many witnesses. The publica-
papers. tion of the Compton papers must have satisfied the people that
even on more delicate points, Sir John Davis was by no means
scrupulous or governed by nice feelings of honour. On the
other hand, however, it was considered that if the charges against
the Chief Justice were upheld , the immediate removal of that
official would of necessity follow. No Judge discovered to be
an "habitual drunkard " could for a moment be permitted to
retain his seat upon the bench, so also, should the accusation
The recall fall to the ground, there was nothing to prevent the recall of Sir
of Governor
Davis a John Davis. In whatever light it was viewed, and in whatever
probability. way it terminated , the accusation could not fail but to attach
scandal to the Colony. A Governor capable of bringing a false
charge of drunkenness against the highest judicial officer in the
Colony, was obviously altogether unfitted for his post.
Departure of Before taking his departure from Hongkong " Chief Justice
Chief
Justice Hulme begged through the press publicly to express his grate-
Hulme.
ful acknowledgments to those gentlemen who had so kindly left
their cards at his residence after the investigation into the
charges preferred against him," and on Thursday, the 30th
December, he, with Mrs. Hulme, embarked for England in the
P. & O. Co.'s Steamer Pekin. It will be recollected that he had
arrived in the Colony on the 7th May, 1844, and that he had been
THE CONDUCT OF SIR JOHN DAVIS. 167
a fellow-passenger of Sir John Davis, the Governor. No further Ch. VIII § I.
opinion of the oppression of which he had been made the victim , 1847.
or of the high estimation he was held in by the community
was now necessary. It was fervently hoped that at no
distant period he would return to the Bench, the integrity and
independence of which he had so nobly sustained , and for doing
which he had now paid such a heavy penalty. The public had The ovation
marked the conduct of his oppressors and had ceased to recog- given him by
Europeans
nize them as gentlemen . At Pedder's Wharf His Honour was and natives.
attended by the British community and the leading natives. display flags
and fire
The Chinese displayed flags and discharged a quantity of crackers.
crackers. Altogether the departure of the Chief Justice was A champagne
that of a triumphant rather than a suspended functionary. On tiffin
board.on
board the Pekin many of his friends accompanied him , where a
champagne tiffin was spread on the occasion .
The conduct of Sir John Davis towards Mr. Hulme had na- The conduct
of Governor
turally attracted attention outside the Colony, and soon became Davis as
a matter of notoriety in the British Colonies . The press of India viewed
outside the
notably, without exception , denounced him, -for the last but Colony.
most prominent item of intelligence which had reached India India.
The Press of
about the state and progress of affairs in the Celestial Empire,
had been the somewhat startling announcement that the Chief
Justice of Hongkong had been tried and suspended for drunken-
ness ! The career of the Governor had been closely watched The career of
the Governor.
in India whose commercial relations with this part of the
world had now become so intimate, and the Compton Case The Compton
and the opinion expressed by Sir John Davis as to the English Case.
in Canton was not unknown there, and the hope was now fer-
vently expressed that this was the " last outrage of the despicable Governor
Davis as the
man who, as Governor of the Colony , had for the last few years despicable
been hurrying on a promising Colony to ruin and exposing his man.
country and countrymen to the contempt of the " haughty and
cunning Chinese."
On the 30th November, appeared a Government Notifica- Government
Notification
tion that " His Excellency the Governor had been pleased announcing
to appoint the Honourable Charles Molloy Campbell, Esquire, of
appointment
Mr. C. M.
to officiate as Chief Justice of the Supreme Court in lieu Campbell as
of the Honourable John Walter Hulme, Esquire, who was Justice.
acting Chief
suspended in accordance with instructions from the Right
Honourable the Secretary of State for the Colonies, until ,”
added the Notification, " the pleasure of Her Majesty be known. " Universal
Rightly worded , as will be seen hereafter, was the conclud- sympathy
ing portion of this notification , for deep and universal had been with Chief
Justice
the sympathy manifested towards the Chief Justice who had Hulme.
endeared himself to the community by his unflinching integri- in
Mr.priva
Hulme
te
ty on the Bench . In private life he had been esteemed and life.
168 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. VIII § I. respected for those virtues which sweeten existence, and the
1847. very nature of his prosecution, not to say persecution , had only
marked more prominently his good qualities as a Judge and as
a member of society, and the one who had directed the prosecu
Mr. Campbell
had directed tion, strange to say, upon which the Chief Justice had been
the suspended , now succeeded him upon the bench, and, taken in
prosecution
again st Mr. connexion with Mr. Campbell's " silent advice " as the result of
Hulme. the inquiry, no wonder he was now elevated to the bench
How Mr. in the place of Mr. Hulme. * That he did no credit either
Campbell to the Bench or himself will hereafter be seen. On the
conducted
himself on
the Bench. elevation of Mr. Campbell to the Bench, Mr. N. D'E . Parker
Mr. N. D'E. resumed his former position of Crown Prosecutor under Ordi-
Parker,
Crown nance No. 6 of 1846 , being gazetted on the same day as
Prosecutor. Mr. Campbell. With the exception of the Government having
Ordinance
No. 6 of 1846. again no legal adviser, the Supreme Court was now practi-
Chief cally fully constituted . An extraordinary fact in connexion
Justice
Hulme with the changes noted above was, that Mr. Hulme did not
only left leave the Colony till the 30th December, exactly one month
the Colony
one month from the time that he had been superseded by Mr. Campbell,
after his but it may be that in those days direct communication was
suspension . only monthly with the mother country, and that therefore
Probable Mr. Hulme had had no other opportunity of leaving the
reason.
Colony. There is no ground upon which to form any other
conclusion .
The At the time of the suspension of the Chief Justice , the estab-
Establish-
ment of the lishment of the Supreme Court consisted of the following : -Mr.
Supreme R. D. Cay, Registrar ; F. Smith , Deputy Registrar ; Lieutenant
the T. Wade, Chinese Interpreter ; João de Jesus, Malay Interpreter ;
Courtofathis
time
suspension. William Hastings Alexander , Clerk of Court ; G. A. Trotter,
Clerk to the Chief Justice , and John Brooksbank, Usher.
Rumoured It had been understood for some time past that Sir John Davis
resignation
of Sir John had tendered his resignation , requesting that he might be relieved
Davis. before the commencement of another hot season , and information
now reached Hongkong that such was the case , though, of course,
the outside public knew nothing positively upon the subject.
But a reference to the different Commissions of his successor,
Mr. S. G. Mr. Samuel George Bonham, shows that the news that had
Bonham as
his successor. reached the Colony was not mere idle rumour, and that in
reality Sir John Davis, at this moment at least , was no longer
Her Majesty's Plenipotentiary and Chief Superintendent of
Trade in China , for Mr. Bonham's Commission , as such , though
not as Governor of Hongkong, was dated the 27th November,
* "There was a half-caste barrister here at the time named Molloy Campbell, who
had engaged to do the needful for Sir John." The Friend of China, November 23, 1861,
p. 720.
LIEUTENANT SARGENT'S ASSAULT UPON MR . CAIRNS . 169
1847. Assuming, said a local paper, the truth of Sir John Ch. VIII § I.
Davis' resignation to be correct, " was it not reasonable to 1847.
conclude that he was influenced in his desire to retire by the Press
conviction that he had got himself into what the Americans call conclusions,
a ' fix, ' and that it would be better to walk quietly downstairs than
to make his exit under a certain rough species of compulsion ?
Not a very flattering remark, it will be admitted , but suggestive
of the feeling entertained for Sir John Davis in Hongkong.
The case of Cairns v. Sargent, which had afforded some talk The case of
Cairns v.
for a time, came on for hearing on the 6th December. It Lieutenant
was an action for damages for an assault and battery com- Sargent
the 95thof
mitted by the defendant, a lieutenant in the 95th Royal Irish Regiment.
Regiment, upon the plaintiff, the editor of a local paper, The Hong- Action for
damages for
kong Register. On the morning of the 26th August, the defend- assault and
ant taking offence at a paragraph in the plaintiff's paper con- battery.
The cause.
taining the report of a case in the Police Court in which, it was
said, the defendant " an officer of the 95th had assumed the part
of an informer by laying a complaint that a lamp hanging in
front of a shop in Queen's Road was not burning "-a contraven-
tion, it may be noted , against a local enactment mentioned in this
work under the date of January last , *-and that the Magistrate
had dismissed the case, " but declared he believed the charge to
be true and would do so until a witness was produced equally
respectable as the informer, " -proceeded to plaintiff's residence
and, after charging him with having called him ( the defendant )
an informer ' twice, struck him several blows upon the head
with his fist and umbrella.
The Jury awarded the plaintiff $ 1,000 damages . The Verdict.
plaintiff was represented as a very inoffensive man and one who, Plaintiff,
as an editor, seldom had come to extremes or suffered " gall to editor of
Hongkong
mingle with his ink," and it was difficult to perceive that Register,
Lieutenant Sargent should have considered himself so much an inoffensive
man.
aggrieved that the only remedy left him was the infliction of
serious bodily injury under the circumstances . A superior
officer had tendered an apology on the part of Mr. Sargent, Had refused
apology.
which, however, Mr. Cairns had, after taking advice, refused to
accept. On Wednesday, the 8th December, evidently after he Governor
Davis goes
had got rid of his Home despatches, including that concerning to Canton.
Chief Justice Hulme, Sir John Davis set sail for Canton in
H.M.S. Daedalus, Captain McQuha, but, being becalmed , did not
reach that place till Sunday, the 12th, when he on his arrival
at once issued a circular through the Consul intimating to Her
Majesty's subjects that he " would be happy to receive from
them any communication they may have to make to him . "
Major-
During the Governor's absence, Major-General D'Aguilar as General
* Antè p. 123.
170 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. VIII § I. usual assumed the administration of the Government. On the 15th
1847. December, Mr. Campbell presided over the Criminal Sessions of
D'Aguilar the Supreme Court. The calendar was a short one and none of
acts.
December the cases were of importance, but a noteworthy incident was the
Criminal
Sessions. abandonment at this Sessions of the case against Mr. Tarrant
Major Caine charged with conspiring to injure the character of Major Caine
and his
compradore. mentioned in October last. * The Crown Prosecutor , Mr. Parker,
Abandon- stated that "there was no case against Mr. Tarrant," and he
ment of
case against was discharged under proclamation. In consequence of this
Mr. Tarrant. Mr. Tarrant now laid his case before Earl Grey, the Secretary of
Mr. Parker's
reasons. State † It may be noted here that the Governor, Sir John
Mr. Tarrant Davis, gave, as his reason for abandoning the prosecution against
lays his
case before Mr. Tarrant, that, as Mr. Campbell had advised the Government
Earl Grey. But this
Governor in the matter, he could not now sit upon the case !
Davis' was, to say the least , an error . Mr. Campbell, it was said, had
reasons for
abandoning no such delicacy : at the very Sessions mentioned above, he had
the charge. presided as Judge over more than one trial in which he had pre-
Mr.
Campbell. viously appeared as Attorney- General ; at the Nisi Prius sittings
held some time before, he gave judgment in two cases in which
he had been retained for the defence shortly before going to
Alleged trial ! The abandonment of Mr. Tarrant's prosecution there-
sqeamish-
ness. fore was ascribed to other causes than squeamishness on the
part of the acting Judge.
Mr. Tarrant Availing himself of the Chief Justice's departure for England,
asked Chief
Justice Mr. Tarrant, on the 20th December, addressed a long letter to
Hulme to his treatment by the Government
intercede for Mr. Hulme , setting forth
him with consequent upon the disclosures he had felt bound to make
Earl Grey. regarding Major Caine's compradore. Mr. Tarrant informed
the Chief Justice that "in anticipation that the unpleasant
business which called him to England would be speedily
disposed of, emboldened him to solicit Mr. Hulme's valuable
intercession and kind interest in his behalf with Lord Grey, in
order to avert from him a portion of that injury which he had
sustained through the performance of what he deemed an act of
imperative duty."" But the Chief Justice, quite apart from his
own disgraceful treatment, was not likely, with his own affairs in
Governor hand, to have interested himself on Mr. Tarrant's behalf. Sir
Davis
returns from John Davis, having terminated his visit to Canton, returned hither
Canton. on the 24th December, when he proceeded to fill up the other
appointments which had become available consequent upon his
suspension of the Chief Justice. On the 30th, the day Mr.
He appoints Hulme left the Colony, he appointed Mr. Mercer, his nephew, who
nephew,a had come out with him as his Private Secretary and who had
his Mercer,
Mr.
member of now become Colonial Treasurer, to be a member of the Legisla-
the Legislative Council in the room of Mr. Hulme, Mr. Campbell for some
reason not being given that honour. Mr. G. A. Trotter, having
* Antè p. 150. † See Chap. XI., infrà.
THE JUDICIAL AFFAIRS OF 1847 . 171
resigned his position of Clerk to the Chief Justice on the suspen- Ch. VIII § I.
sion of the latter, the Governor on the 31st December, on 1817.
the recommendation of the acting Chief Justice, Mr. Campbell, tive
Council in
appointed Mr. Edward Hutchinson Pollard to succeed him, Mr. the place
D. R. Caldwell , on the same date, being also gazetted as Inter- of Chief
Justice
preter and Assistant Superintendent of Police. Hulme.
Mr. Trotter,
At the December Criminal Sessions another important prosecu- clerk to the
tion was abandoned. It was that against Mr. Shortrede , the editor Justice,
Chief
of The China Mail , for not conforming with the provisions of Ordi- resigns.
nance No. 2 of 1844, by having removed his printing establish . Mr. Campbell
recommends
ment two years before from one place to another without com- Mr. E. H.
municating the fact to the authorities . It was understood that Follard as
successor.
something lay at the bottom of this prosecution , as Mr. Shortrede Mr. D. R.
Caldwell,
had made himself rather conspicuous some time before in the Interpreter
matter of some revelations concerning the Police. Mr. Parker, and Assistant
Superin-
the Crown Prosecutor , refusing to lend himself to such vexatious tement of
proceedings , decided to withdraw the prosecution , although the Police.
Prosecution
defence regretted " that the prosecution had not been suffered to of Mr.
take its course so as to have had an opportunity of exposing its Shortrede
Editor of the
whole history." The information had been filed by Mr. Camp- China Mail,
bell as acting Attorney- General, and was to have been tried for contra
vening
before him as acting Chief Justice , the latter, it was said, " like Ordinance
No. 2 of
a second Bottom, having undertaken the parts of both Pyramus 14 1844 two
and Thisbe." years
previously.
The judicial affairs of 1847, as may be gathered from the contraven-
Press
foregoing, were not without considerable interest to the Colony tion.
or causing occasional sensational alarm or feeling of distrust in Prosecution
is withdrawn.
those placed in authority. The appointment early in the year Information
of a Select Committee of the House of Commons to inquire into had
filedbeen
by Mr.
the condition of our commercial relations with China, the ex- Campbell
pedition to Canton, the condition of the European Police, the who
havewas
triedto
appointments of Major Caine as Colonial Secretary, and of Mr. the case.
Judicial
Hillier as Chief Magistrate in opposition to the wishes and affairs
airs of
greatly to the astonishment of those residents who apparently resumé.
1847 ;
had the best interests of the Colony at heart , and last, though
not least, the disgraceful and most humiliating suspension from
duty of Chief Justice Hulme by the Governor through petty
spite and after having used every means in his power to lower
and degrade him in the eyes of the public however unsuccessfully,
and only to be shortly afterwards reinstated into office again
by the Home authorities, as will be seen hereafter, † are all im-
portant eras in the judicial annals of the Colony never to be
obliterated. Irrespective of this , several other causes had com-
bined to depress the condition of affairs in the Colony.
The records show Mr. Trotter as a clerk in the Colonial Secretary's Office in 1844,
and in 1846 mention is made of him as an assistant in the Office of Mr. N. D'E. Parker.
† See Chap. X, infrà.
172 HISTORY OF THE LAWS, ETC. , OF HONGKONG .
Ch. VIII § I. The Chinese Committee during the year carefully investigated
-
1847. some of them . From the report upon which they agreed after a
The Report long and patient examination of the most competent witnesses
of the
Committec upon the subject, it resulted that the causes of disappointment had
on our been threefold , -first, they enumerated certain considerations
commercial
relations drawn from the geographical situation of the island, and the
with China. method in which the development of its resources had been
shackled by the stipulations of treaties previous to its occupa-
tion ; secondly, and in addition to these inevitable or natural
disadvantages, there had been causes arising from internal ad-
ministration or mal-administration rather of the affairs of the Co-
The dual
lony ; and , lastly, there were others consequent upon the depen-
position of
the Governor. dence of the Governor on two departments of administration at
Home. As Governor of a Colony he was, of course, immediately
dependent upon the Colonial Office . As representative, in a man-
ner, of Great Britain at a foreign Court, and Superintendent of
Trade, he was amenable to the authority of the Secretary of State
The evils for Foreign Affairs. The evils of this divisum imperium , seen so
of the
divisum vividly to his own astonishment by Sir John Davis in his treat-
imperium. ment of Mr. Hulme, had been aggravated by this additional cir-
cumstance, that these two departments of State, although pulling
in different directions , in other respects had combined in their
efforts to enforce upon the Governor a line of policy which, so
at all events it was alleged , had been disagreeable to the incli-
nations and hurtful to the interests of the Colonists . Under
such circumstances, then, the task of Sir John Davis may not
have been an easy one, and, if he had failed to reconcile so many
incompatibilities, it may probably have been more the fault of
circumstances than of the man . The registration system by
which every Chinaman , twenty- four hours after he had landed in
the island, was compelled to furnish himself with a registration
ticket, stating his age, name, family, height, former residence,
and occupation, had turned out extremely offensive to the Chi-
nese. The effect of it had been to keep away respectable
Chinese from the Colony, and invite only men of bad character,
Ordinar ce though it was hoped that Ordinance No. 7 of 1846 , promulgated
No. 7 of 1846. early in the year, would work an improvement over previous
similar measures . Nor were the Police punishments less offen-
sive to the prejudices of the Chinese . The point may have
appeared ludicrous , but from an answer to Dr. Bowring's ques-
tion, as may have been seen , in addition to blows with a rattan
the Police were in the habit of cutting off the tails of the Chi-
nese. When they found they could splice on a tail, the Police ended
by shaving off entirely the original appendage. All this may have
seemed extremely ridiculous at first sight, but when it was con-
sidered that the effect of the punishment was to drive the man
on whom it was inflicted to desperation and to expel him from
SIR JOHN DAVIS AFTER THE HULME EPISODE. 173
the society of respectable Chinese, it might perhaps have been Ch. VIII
- § 1.
condemned for wantonness and impolicy. Undoubtedly no 1847.
respectable Chinaman would enter a Colony and submit himself
to the laws of a people of which he understood nothing, when
the consequence of their infraction was a punishment that de-
graded him in his own eyes as well as those of his fellow-coun-
trymen. During the year, Sir John Davis had several times
absented himself from the Colony in connexion with various
missions , accounting, no doubt, for the few legislative measures
enacted during the year. Only six Ordinances were passed
during the year.
Ch. VIII § II.
----
The year 1848 opened with a proclamation announcing that Disallowance
Ordinances No. 10 of 1845 , relating to the Naturalization of of
No.Ordinance
10 of
Aliens within the Colony, and No. 3 of 1847 , for the Prevention 1845.
of Piracy, had been disallowed by the Home Government. On Naturaliza-
tion of
the other hand, the Rule of Court of Hilary Term dated the 1st Aliens.
January of this year, which passed the Legislative Council on AndOrdinance
the 20th of the month , relative to the execution of writs of capias No. 3 of 1847 .
on persons out of the Colony but within the jurisdiction of the Prev Piracy.
Supreme Court, was approved of and confirmed by the Secretary Order Approval
of of
of State for the Colonies and duly notified on the 15th July. Court
On the recommendation of the acting Chief Justice, on the 5th the
relative to
execution
January, the Governor appointed Mr. Cay, the Registrar, to be of writs of
Master in Equity, and Mr. Pollard , the acting Chief Justice's capias.
Mr. Cay ,
Clerk, who had succeeded Mr. Trotter, to be Keeper of Records Registrar,
and Muniments, and on the 11th, Mr. F. Smith , the Deputy appointed
Master in
Registrar, was appointed a Surrogate of the Vice- Admiralty Equity.
Mr. Pollard,
Court for the purpose of taking affidavits. Keeper of
Records and
The rumour mentioned at the latter end of last year that Sir John Muniments.
Davis had resigned proved to be correct , and official intimation was Mr. F.
Smith,
now received that Mr. Samuel George Bonham, whom rumour Surrogate of
had pointed out as the Governor's successor, was really the nomi- the Vice-
Admiralty
nee.
He had previously been Governor of the Settlements of Court.
Singapore, Penang, and Malacca ; and it was announced that he Mr. S. G.
Bonham
was leaving England on the 20th January, and would arrive appointed
Governor,
in the Colony by the end of March. vice Davis.
His previous
carcer.
Sir John Davis had in the meantime taken his passage
homewards for about the same time. His life at this time must
have been anything but happy. Since his return from Canton
on the 24th December last, and indeed ever since the Hulme
episode, he was said to have led a retired life. He is reported
to have been cut by every one of any standing in the island. Sir John
Davis' life in
He had not made his appearance in public from the time he Hongkong
returned from Canton, probably not liking to pass without the after the
Hulme
least recognition . He gave $ 200 for a Plenipotentiary's cup episode.
174 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. VIII § II. at the ensuing races, but no horses entered for the prize, and so
1848. many demonstrations of his unpopularity must have annoyed
Public him considerably. But the appointment of Mr. Bonham , who
opinion of
Mr. Bonham. was known to several of the residents , gave satisfaction, as they
were unqualified in expressing admiration of his character.
When Governor of Singapore he was universally esteemed ; his
affability had gained him the good - will of those who did not
regard politics, while his liberal sentiments and close applica-
tion to business were appreciated by others . He had had much
experience in legislating for a commercial settlement, and it
was therefore hoped that his career would not detract from his
well- earned reputation .
Sitting ofthe A Sessions of the Vice - Admiralty Court was held on the
Vice-
Admiralty 24th January under the acting Chief Justice, Mr. Camp-
Court under bell, the senior naval officer in command, and Mr. Hillier,
Mr. Camp-
bell. the Chief Magistrate . There were several cases of piracy ,
in one of which thirteen men were arraigned on a charge
of piracy on the 18th December last. In this case one of the
men turned Queen's evidence. The Jury found the twelve others
guilty and they were sentenced to death. Three of the other
cases were of individuals charged with being engaged in the
The Chimmo noted piracy on the Caroline and Omega in Chimmo Bay,
Bay piracy. reported in April last . * The evidence in all these cases was
not only the same in substance, but obtained in the same way,
from an accessory now an informer, so that the only evidence
Too Apo , the was that of the infamous Too Apo , a miscreant who , having con-
' informer.
fessed his participation in this very crime, had been allowed at
the first trial in connexion with these cases to turn Queen's
evidence, pardoned, and then taken into the service of the Police
as an informer ! His testimony as to the guilt of the pri-
soners, tainted in its very source and totally unsupported by
other proof, as moreover was pointed
pointed out by the presiding
The Jury Judge, was yet considered sufficient by the Jury who returned
return a
verdict of a verdict ofguilty in each case. Strong comments were naturally
guilty on his
evidence. passed in consequence, and the hope was expressed that the
Governor Governor would not sanction the continuance of a system which
Bonham
afterwards probably was made use of for the purpose of extorting blood
pardoned the money. As will be seen hereafter, three of the prisoners con-
prisoners. victed at this Sessions and sentenced to transportation, two for
life and one for three years with hard labour, received a free
Major- pardon from Governor Bonham in July of this year.
General
Staveley Major - General William Staveley, C.B., who had previously
succceds served in Mauritius , in a similar capacity, and whose ex-
Major-
General pected arrival had been spoken of in succession to Major-
D'Aguilar. General D'Aguilar as Commander of the land forces in China,
* Antè p. 139.
† Id.
THE DEPARTURE OF MAJOR- GENERAL D'AGUILAR . 175
arrived by the P. and O. Co.'s Steamer Braganza in the morning Ch. VIII § II.
-
of the 26th January with his family. He landed at about half 1848 .
past ten o'clock at Pedder's Wharf, where he was received by
Major- General D'Aguilar and staff, with the military honours
due to his rank. On the 27th he was gazetted as Lieutenant- Heisgazetted
Lieutenant-
Governor of Hongkong, and took the oaths and his seat as a Governor of
Hongkong.
member of the Executive Council on the same day.
It was now announced that Mr. W. H. Goddard , the solicitor, Goddard.
Death of Mr.
had died in Singapore on the 27th January.
On Friday morning , the 4th February, four of the twelve Execution of
pirate con-
pirates condemned to death at the recent Vice- Admiralty victs.
Sessions were hanged at the usual place in the presence
of a large number of Chinese, the others having had their
sentences commuted to transportation for life. Mercy is com-
mendable, but in the present instance it was said not to be very
politic . Piracy would never be put down until some fearful and Piratical acts
the
examples were made, and the lower bazaar clique completely position of
those who
broken up . Of the four men hanged, one had been a compra- committed
dore in Canton for three years, and since then had kept a shop them.
in the lower bazaar in Hongkong ; another had for years been a
Not the mere
a licensed pilot in the Colony. It was not therefore the mere dregs of
dregs of society who committed these atrocities, but men who society.
lived in Hongkong and kept up an appearance of respectability.
It was a matter for regret, however, that in this case the convic-
Too Apo , the
tion had been obtained on the unsupported testimony of the informer.
approver Too Apo, of whom more anon.
The London Gazette of the 11th February announced the Major-
appointment of Major- General George Charles D'Aguilar, C.B. , General
D'Aguilar
as Colonel of the 58th Foot, vice General Maitland , deceased . appointed
Major - General Staveley assumed command ofthe troops in the Colonel
58thof
succession to Major- General D'Aguilar on the 16th, drawing his Foot.
allowances, however, from the 26th January, the date of his
arrival in the Colony. General D'Aguilar returned to England Departure of
by the P. & 0. Co.'s Steamer Lady M. Wood on the 28th Major- General
February. He had been upwards of four years in China, having D'Aguilar.
arrived in the Colony on the 27th December, 1843. A party of
his friends testified their respect by giving him a dinner at the A
hisdinner in
honour.
Club on Thursday , the 24th, the heads of all the branches of
the naval and military services being invited , but invitations
were not extended to any of the civil establishment. Several ad- Addresses.
dresses were also presented to him before his departure , and al-
though he had sanctioned some of Sir John Davis' worst acts, and
to some extent had endorsed the misrepresentations ofthe latter
made to the Home Government regarding his countrymen in Can- His magna.
ton , the people of the place were inclined to forget all his faults on nimous
account of his magnanimous conduct towards Mr. Hulme, the conduct
176 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. VIII § II. Chief Justice, on the occasion of the persecution of the latter by
1848. Sir John Davis , who contrived to bring amongst his charges of
towards inebriety, one of Mr. Hulme having been drunk at the General's
Chief
Hulme.Justice house at a dinner party given by him. Notwithstanding his stre-
nuous protests against this charge being gone into, and above all
that a letter which he had written to the Governor upon the sub-
ject, marked ' private and confidential ,' and which the latter had
kept, being made use of, the matter was gone into . It was no
wonder that the General was indignant under the circumstances ,
By this single and that by this single act of his he should have gained in
act Major-
General the estimation of the public to the extent of his faults and eccen-
D'Aguilar's
faults and tricities being almost forgotten at his hour of departure from
eccentricities the island . In his capacity of Lieutenant- Governor, General
overlooked.
His career as D'Aguilar had had few opportunities of action, but during the
Lieutenant occasional absence of the Governor he had manifested the same
Governor of solicitude for the interests of the community , not forgetting the
Hongkong
reviewed. military aid he afforded the Police when most wanted, in
putting down robberies, as in promoting the welfare, com-
fort, and efficiency of the troops. Of this he left behind him
lasting proofs by the new military barracks and hospitals which
he caused to be built, thus redeeming Hongkong from a reputa-
Mr. Compton tion for mortality which had become proverbial.
his fellow- Curiously
passenger to enough , amongst his fellow-passengers Home, was Mr. Compton,
England. the gentleman from Canton who had given so much trouble all
round, and whose case has been already so often referred to. If
they ever spoke on board, Mr. Compton must have often alluded
to poor Chief Justice Hulme and to the trouble he had brought
upon him.
The Dublin
Before concluding with Major- General D'Aguilar, it may not
University
Magazine. be inappropriate to reproduce here the following amusing skit
Skit on
in reference to him , and which so fully shows up the General
Major-
General in some ofthose eccentricities for which he had acquired so much
D'Aguilar.
notoriety here. It is also taken from The Dublin University
Magazine of July, 1847 , before referred to. The reference to
The Bamboo the Bamboo Act," alluded to herein in August, 1844, and
Act.' The
Cackling the " Cackling Geese, " now a new subject, will afford some
Geese.' merriment :-
" THE BAMBOO ACT."
" An Ordinance of the same year formed the subject of much bitter feeling,
and no small amusement to many, for a long period . Robberies and house-
breaking being of frequent occurrence, it became necessary for merchants and
private individuals to employ watchmen, who, according to custom , struck
together two hollow pieces of bamboo, to show they were on the alert, as
they walked round the premises. During the temporary absence of the
Governor, who went to visit the ports, the Major-General assumed the reins
of Government as Lieutenant-Governor, and caused an Ordinance to be
passed and promulgated, prohibiting under certain pains and penalties the
striking of these hollow pieces of bamboo between the hours of eight o'clock
LAND. 177
in the evening and five o'clock in the morning. This gallant officer was the Ch. VIII § II.
only person who complained of this usage ; he alone declared that his health
1848.
was sacrificed -his slumbers disturbed-and he alone had no occasion for a
watchman, having a military guard. His edict was universally complained of,
as those who employed watchmen had a right to require an audible proof of
their vigilance. It was considered too good a joke, that because an old
soldier who ought to have been accustomed to war's alarms could not sleep,
merchants and private individuals were to be suddenly deprived of the protec-
tion for which they paid, without the substitution of a better. In spite of
much squabbling, the grumbling of the Major- General, and his personal
visits, attended by the Police, the watchmen of the merchants continued to
beat the bamboo ; and many a laugh was raised by this ' bamboo question'
during the progress of the strife. The slumbers of the Major- General, it
must be owned , were very easily disturbed. He could not sleep if a goose
cackled ; an American trader who lived opposite to him was therefore
requested to kill or remove all his geese, as their cackling caused the Major-
General to awake at too early an hour in the morning !!! "*
Major- General D'Aguilar died in London , on the 21st May, Death of
1855. At the time of his death he was a Knight Commander General
Major
of the Bath, and had reached the rank of Lieutenant-General. D'Aguilar.
From the Report of the Select Committee of the House of Land.
Commons before noticed , it appeared that, after a most minute
inquiry into all the circumstances of the land sales in Hong-
kong, the Committee did not recommend any reduction in the
rates at which land was purchased. The principal evidence as
regards land sales and land tenure was given to the Committee
by Colonel Malcolm, who was a member of the local Committee
appointed by Governor Sir Henry Pottinger on the 29th March ,
1842 , and by Mr. Scott. In his evidence before the Committee of
the House of Commons, Colonel Malcolm stated that he conceived
that, for the price which was paid, the land ought to be held
for 999 years or in fee- simple ; that such an arrangement would
be most decidedly advantageous to the Government, and that
the circumstance of the leases having been confined to short
terms had been disadvantageous to the interests of the Colony.
Colonel Malcolm, further, in his evidence , denied that Sir Henry
Pottinger had done all in his power to force the merchants to
settle at Hongkong, and stated that the moment it was
announced that the island was to be retained as a British
Colony, the merchants flocked over from Macao, and did every-
thing in their power to induce Sir Henry to give them land ,
which he refused to do until he had received further instructions
from England ; that those who had been fortunate enough to
secure land when Captain Elliot was Plenipotentiary, instantly
commenced building on a large scale, for, being under the impres-
sion it was to be a free port, they predicted it would be the depôt
from which the five ports of China would be supplied ; that
It may here be noted that the above and other articles in The Dublin University
Magazine, previously quoted, were ascribed to Mr. H. C. Sirr, the barrister (mentioned
antè p. 55), but with what degree of certainty is not apparent. -J. W. N. K.
178 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. VIII § II. large sums had been offered for the sites which had been allotted
1848. by Captain Elliot and when Sir Henry put the land up to
auction, the prices it brought were strong evidence of the
opinion the merchants had of the value of the place ; that in a
few months an extended trade sprung up, and immense quan ,
tities of piece goods were sold on the island, which were
transported to the mainland in native boats ; that small vessels
were passing hourly between Canton and Hongkong, carrying
the goods which were sold by sample at the former place, and,
daily, vessels were coming from the north to obtain supplies
for the other ports ; and that no complaint was then heard of the
want of accommodation at Canton, for little was required, the
principal merchants merely thinking it right to have a house
for a junior partner to transact business at , keeping their ware-
houses, etc. , at our own settlement, as they preferred having
their property under the protection of the British flag. Such
Colonel Malcolm stated, was the state of the Colony when he
left it in the year 1843 .
Mr. Scott , in his evidence before the Committee ( as referred
to in The Times newspaper of the 15th January, 1847 ) , stated
that the grievance of which the Chinese complained , and which
had rendered them unwilling to lay out any money in the
island, was that they thought themselves liable to be dis-
possessed at any time of any land they might purchase ; and,
as an example of the dealings of the Government with the
Chinese, Mr. Scott stated that lands were given to them in
1841-2 by the proper Land Officer, with certificates of owner-
ship, and, under the authority of the local Government, they
were subsequently dispossessed by orders sent out from Home,
the lots having been sold over their heads . The comment of
The Times newspaper upon this is, that this is the old Colonial
grievance. If an Englishman's house, in his own country, is
his castle, his house in a colony is that particular spot of earth
from which he is most certain to be ejected ; that it might
naturally have been supposed that in an island so small as
Hongkong some continuous line of policy might have been
followed from the beginning.
As a result of the negative nature of the report of the House
of Commons upon the land tenure and Crown rents levied
upon the lands of the Colony, the landowners, on the 19th
February, forwarded a petition to Earl Grey, the Secretary of
State for the Colonies, praying for the abolition of the land
rents.
A review of the position of affairs as regards the land rents
LAND. 179
at this time appeared in The Friend of China newspaper, for ch. VIII § II.
1848, (p. 64) , as follows :- 1818.
"A most unfortunate time has been chosen for the memorial to Lord Grey
praying for an abolition of the land rents, and we fear that this document
will tend to confirm the impression which prevails at the Colonial Office, that
we are unreasonable in our demands. The report of the Select Committee
lately engaged in investigating our commercial relations with China and the
state of Hongkong has not yet been discussed in the House of Commons ;
but with that report before us, and the mass of evidence which accompanies
it, we confess, we do not see the slightest hope of any important reduction
in the land rates -or indeed any reduction at all. After a most minute
inquiry into all the circumstances of the land sales , the Committee have not
recommended a reduction in the rates at which the land was purchased ; but
it has done that which is of far greater consequence it has recommended the
entire removal of all restrictions upon trade. From the cession of the island
until now, Her Majesty's Government have looked upon the public lands as
almost the sole source of revenue, and it is not to be supposed that after the
best portions of these lands have been secured by individuals, Government
will remit the rent for which the leases were actually purchased, and raise
an equal amount of revenue by resorting to taxation. Neither can it be
credited that these rents will be abandoned , and Government assume the
whole expense of the civil establishment. In no civilized country do people
live free of taxes of some kind or another, and apart from the obnoxious
excise imposts, we have but one tax in Hongkong, -that for Police. The
land rent is not a tax ; the lands are sold and the purchasers believe they
have got an equivalent for their money,-if they are mistaken afterwards ,
they may be said to have made a bad bargain, a matter of frequent occur-
rence in life. But remit these rents, and raise the same amount from taxation ,
and the Colony will be borne down, to relieve, or possibly enrich the land-
holders. It would be unjust to all who do not own land, to allow those who
have purchased the finest sites to sit rent free ; and so far from furthering
the prosperity of the Colony, it would wither it up for ever. No, remove
every fiscal restriction upon commerce, and give an intrinsic value to property
which it does not now possess, and there will be few complaints of heavy
ground rents ; but cancel the obligations for rent, and we will be saddled with
taxes, port dues, etc., and every article of consumption will bear a fiscal
charge. We would remind our readers of Lord Aberdeen's sentiments upon
this head, and if His Lordship's liberal commercial policy has not been carried
out, the blame lies at the door of an illiberal local Government. Addressing
Sir Henry Pottinger, under date of 4th January, 1843 , His Lordship says,—
" The intention of Her Majesty's Government being that Hongkong should be
a free port, and that the harbour dues should therefore be as light as possible,
so as to give every encouragement to the commerce of all nations, it is clear
that no revenue can be looked for from import or export duties to cover the
expenses attendant upon the occupation of the island. The principal source
from which revenue is to be looked for is the land ; and if by the liberality
of the commercial regulations enforced in the island, foreigners, as well as
British subjects, are tempted to establish themselves on it and thus to make
a great mercantile entrepôt, with very limited dimensions, Her Majesty's
Government conceive that they would be fully justified in securing to the
Crown all the benefits to be expected from the increased value which such a
state of things would confer upon the land."
The views of Her Majesty's Government as laid down in the above extract
appear liberal and just. The colonists, however, have good ground of com-
plaint in so far, that while high rents are secured to the Crown, the restrictive
commercial legislation of the Colonial Government has frustrated their
180 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. VIII § II. reasonable expectations of this being a great commercial entrepôt, and many
have been induced to invest large sums in unprofitable property, and this is
1848.
the principal grievance which requires to be redressed . Sir John Davis and
his friends will, no doubt, encourage the belief that the high ground rents
have been the drag upon our advancement, which is a fallacy. Two or
three hundred dollars of rent less or more will not keep merchants from
settling in the Colony. It was the utter prostration of trade resulting from
monopolies of the chief articles of traffic, and other wretched acts of legisla-
tion, which drove away the little commerce we had when the present
Governor entered upon office ; but we fear that this memorial will be twisted
into an admission on the part of the inhabitants that such is not the truth.
The privilege of memorializing the Government is one of high value, but
before making use of that privilege, it is prudent to consider whether there
are good grounds to believe that the prayer of the memorial will be granted.
In the present instance an abolition of the ground rents, or the reduction to a
nominal rent, appears hopeless. In support of an opinion (which, by the
way, we have substantial reasons for wishing to be erroneous ) we refer to the
documentary and other evidence published in the report of the Select Com-
mittee ; a brief review of which, as far as regards land rents, will enable
others to judge of the probable success of the memorial, as by this report its
fate will be settled.
On the 7th June, 1841 , Captain Elliot gave notice that on the 12th "a
sale of the annual rate of quit-rent of 100 lots of land having water frontage,
will take place at Hongkong. " This sale was postponed to the 14th from
the difficulty in surveying the ground . A Notification states that only 50
lots had been put up, but in point of fact there were only 35, 11 having been
reserved, and 4 not marked out at all. Of the 35, 34 were sold ; the dimensions
of one are not given, but 33 averaged £69 per 10,000 square feet, the aggre-
gate amount of sale being £3,067 for 445,965 square feet. The lots were
put up at £ 10 each without reference to size, the purchasers being required
within six months to erect a building of the value at $ 1,000 . At the upset
price the rental upon the 34 lots actually sold would have been £340 ; but
from competition it was run up to £3,272.10s. Captain Elliot appears to
have been surprised at the result, as on the 17th June, three days after the
sale, he addressed the purchasers to the effect that he would " move Her
Majesty's Government either to pass the lands in fee simple for one or two
years purchase at the late rates, or to charge in future no more than a
nominal quit-rent, if that tenure continues to obtain."* On the faith of this
promise, more money was laid out in improvements than otherwise would
have been done ; but as has already been shown from Lord Aberdeen's
despatch to Sir Henry Pottinger, the British Government determined when
the island was ceded, to look to the land rents for a revenue, leaving the
Colony free of import or export duties.
These sales, it may be remarked , were confirmed after the island was
ceded, rent being paid from that date at the rate of sale in June, 1841 ; the
title granted was a lease for 75 years. When the lots were first sold it was
uncertain where the town would fix itself, and the rates varied extremely, -
thus lot No. 15 containing 15,900 square feet was purchased for £20 per
annum (the average of sale would give about £ 105) ; lot 24 of nearly a
similar size was knocked down for £ 160, and other lots, sold at large
prices, have from their locality proved nearly valueless. The cheap lot
mentioned ( 15 ) is one of the best on the island being near the centre of the
town ; but this is as much the result of chance as of judgment— had the
town been taken either east or west, it would have been unproductive
property.
Subsequent to this sale, grants of land were made by Mr. A. R. Johnston,
though it appears upon his own responsibility. The marine lots were fixed
See Introduction, antè p. 8.
LAND. 181
at the average of the June sales ; the town lots at the rate of £20 an acre, Ch. VIII
- § II.
and suburban lots at £2 an acre. The title of the marine and town lots
1848.
was to be in perpetuity ; the suburban lots, grants for 100 years. It was on
the faith of this arrangement, that a large portion of the town was built ;
and the complaints of those who had afterwards to pay the average of the
sales of January, 1844, appear more reasonable than those from holders of
marine lots for which they have not been called upon to pay more than they
bargained for. The whole of these grants were repudiated by Sir Henry
Pottinger in compliance with instructions from Lord Stanley. A Committee
was then appointed to inquire into the nature of the claims to the various
grants, and where improvements had been made, leases were given for 75
years. Individually, there were many cases of hardship in this settlement,
but it does not appear that the Committee acted unfairly.*
On the 12th December, 1843 , a sale of the leases of public lands was
advertized to be held on the 22nd January, 1844. The lots to be sold were
all town lots extending from the Harbour Master's hill to the central police
station, comprising what is now the centre of the town. On the day of sale,
there was a large attendance, and the form of a 75 years ' lease was read,
but the terms of sale were unknown, or only known to a few , in consequence
of this (there being no forfeiture should the leases not be taken up), there
was an animated competition, and the inland lots were run up in some
instances to prices higher than marine lots sold for in 1841. Making every
allowance, however, for a forced competition -such for instance in people
purchasing lots adjoining those upon which they had built , and others
purchasing lots upon which they had already built without having a title to
the land - it was still evident that much confidence was felt in the value of
the land, indeed, subsequent to the sale several of the lots changed hands at
a considerable premium.
The next land sale was held on the 12th July, 1844, three years after
Elliot's sale. Twenty-four lots were offered and sold , 12 being marine and
12 inland ; but it is to the marine lots we particularly refer, as showing that
after the tenure was known, that description of property was still in favour.
The twelve lots measured 199,719 square feet, the aggregate amount of the
annual rent being £ 1,815 , or £90 for 10,000 feet. This was a large advance
upon Elliot's sale, and is a fatal answer to the argument that that sale should
be set aside on the grounds that the competition was " unnatural." It is
worthy of notice that at the sale of June, 1841 , lot 15, measuring 15,900 feet
sold for £20 ; at that of July, 1844, the adjoining lot ( 14) measuring 13,512
feet brought £204, and after the sale was disposed of for a premium of $2,000.
In the face of this documentary evidence it is vain to expect any material
reduction in the land rent ; but were the prayer of the memorialists granted,
and a pro rata deduction made, it would not in any degree equalize the rents ;
No. 14 would still pay ten times the rent of No. 15, though this property is
not more valuable. Both lots were purchased at open auction, and, however
heavy the rent may fall upon No. 14, he has no just cause of complaint ;
were the British Government to take 25 per cent. from the rent roll he would
pay £ 153 , while his neighbour only paid £ 15. No. 14 and those in a similar
position can only be materially benefited by the entire abolition of the land
rents, and the wildest dreamer cannot expect this ; neither is it desirable that
this should be done, as land is the legitimate source of revenue.
From the documentary, we turn to the oral evidence before the Select Com-
mittee, and there is little to encourage a hope that Government will be
induced to abolish the land rates, though there is enough to warrant the
* For previous notes on this subject, see antè pp. 26, 36 , 71 , and 144, and references
there given.
182 HISTORY OF THE LAWS, ETC. , OF HONGKONG .
Ch. VIII § II. assumption that a petition having for its prayer an alteration in the land
tenure would meet with attention ; and it is a matter of regret that the
1848.
memorial has not made the land tenure its prominent feature, with a mere
allusion to a reduction of the land rents. We cannot but think that the 75
years' lease has had some influence in keeping away respectable Chinese
settlers. It is a tenure which they do not understand, and to them one of
longer endurance is of more consequence than to Europeans. The latter are
a migratory population ; in twenty years, of those now on the island not one
may remain, and on leaving the Colony most of them will dispose of their
property and cease to be interested in it. With the Chinese it is different.
Should a respectable class ever be induced to settle, they will be like the
Parsees of Bombay ; this will be their home ; here their money will be
invested, and their children brought up and settled ; they will therefore
expect to hold their property by some more enduring tenure thau a short
lease."
"We close with an extract from Sir Henry Pottinger's despatch to Lord
Stanley of date 4th May, 1844, enclosing copy of a letter from " certain
landholders." It has generally been supposed that Sir Henry was opposed
to a long lease, but from this and other documents it appears not."
"Your Lordship will have seen from the copy of the lease, which forms
Enclosure No. 11 to my Despatch, No. 3, of the 23rd January last, that it
has been provided for in that document that the buildings shall all become
the property of the Crown at the expiration of the 75 years for which the
leases are to run ; and I am told that this is usually the case in leases of
the sort. But there can be no doubt that the strict enforcement of that
clause will operate towards deterring people from expending so much money,
as they otherwise would do, in improvements, by building quays, docks , etc.:
and when I look to the high rates of rent at which land of itself has hitherto
let in this island, I cannot doubt but a favourable consideration of the prayer
contained in the present application would have the most beneficial effect on
the future prosperity of the Colony. I should therefore be glad , did it
accord with the views of Her Majesty's Government, to see that clause of
the lease so modified as to ensure the owners of the different locations, the
certainty of retaining possession, subject to such augmented rates of ground
rent as the probable increased value of land will then justly authorize ."
Rules of
Rules of Court regulating the admission to practise of trans-
Court regula.
ting admis- lators and interpreters in the Supreme Court, and tables of fees
sion of
Translators in connexion therewith , passed on the 1st March, were duly
and Inter- approved by the Legislative Council on the 2nd of that month .
preters. Until this time the Supreme Court had been held in a building
Supreme
Court re- situate in Wellington Street, and had but recently removed into
moved from
Wellington the present and, for that period of the Colony, more commodious
Street to the building in Queen's Road . The former building, after the
present removal of the Supreme Court, and where so many noteworthy
building in
Queen's incidents had taken place as have been duly recorded in this work,
Road.
was shortly after put to quite a different purpose than that for
The Irish which it had hitherto been used, the Irishmen of the place cele-
celebrate St.
Patrick's Day brating St. Patrick's Day by giving a public dance in the hall
in the old of the old Court House : a worthy manner of washing off the
Court House.
many sorrows that had been enacted in the place, without run-
TO NEW YORK
PUBLIC LIBRARY
ASTOR , LENOX AND
TILDEN FOUNDATIONS
SUPRE
COURT
L
-ARGEME
.ROOM
།
THE NEW SUPREME COURT HOUSE IN QUEEN'S ROAD . 183
ning the risk of incurring any pains, troubles, or penalties for Ch. VIII § II .
their conviviality. * 1848.
How badly planned from the commencement, and unsuitable
for the purpose, the new Supreme Court House building ever
proved to be, the many references, to be found in the records
as this work progresses , fully testify.
A military guard, it may here be added, was placed in charge
of the building at its opening. †
The following is the notice that appeared at the time in connexion with this festi-
vity:-
Bal Masqué.
At the Old Court House,
Wellington Street,
On the evening of St. Patrick's Day,
The 17th March, 1848.
Commencing at Eight o'clock.
Tickets, $4 each, to be had of the several store-keepers, Victoria.
† This was withdrawn in March, 1857 -see Chap. XVIII., infrà.
184
CHAPTER IX .
1848 .
Arrival of Governor Bonham.--Return of Mr. Sterling, Attorney-General, from leave.--
Governor Bonham assumes duty.- His Commissions. - Sir John Davis.- Mr. Sterling
resumes duties as Attorney-General.- Mr. Campbell continues as acting Chief Justice.-
Mr. Campbell's subserviency to Sir John Davis.-Departure of Sir John Davis.-Manifes-
tation of Captain Baker of the Pekin.- Compliment uncalled for.-H.M.S. Melampus
salutes. -Comments about Sir John Davis. - Disposition of Governors of Colonies.- Sir John
Davis as a Governor.-His services in China.-The duties of Governor of Hongkong and
Superintendent of the Trade of British Subjects.-The Merchants. -Sir John Davis of
retired habits. His legislation.-Comparison with that of Sir H. Pottinger.-Sir H. Pot-
tinger had no assistance.- Sir John Davis had a complete establishment. -The nature of
his legislation. - Odium attached to him anent suspension of Chief Justice Hulme. -Gov-
ernor Davis' resignation was accepted unhesitatingly.-Departure of Major-General
D'Aguilar. -Departure of Mr. McGregor, Consul at Canton. Mr. McGregor's career in
China.-Testimonial before his departure. -Commercial interests of England at Canton.-
Mr. Elmslie acts for Mr. McGregor.-Free pardons to European convicts.- Mr. Thomas
Wade acts as Private Secretary to Governor Bonham.- April Criminal Sessions held in
new Court House.-Too Apo, the informer, charged with extortion.- Police confidence in
him .- How he contrived to deceive.- His unsupported testimony implicitly relied on.-
Known as an offender by the l'olice.- Through fear of his influence he is not denounced.
- Murder will out.-Mr. Caldwell's attitude. - Conviction of Too Apo - His insolence to
the Court. The victims of Too Apo.-The services of informers.-The authorities and
Too Apo.- Consular Ordinance No. 1 of 1844.-The Law of England.-British subjects.
---Jurisdiction of the Court.--The Attorney-General and the practice of trying cases com-
mitted outside the harbour, before the Criminal Court.- Mr. Campbell , acting Chief
Justice, on the subject. - The Attorney-General and the Acting Chief Justice upon status
of prisoners as British subjects under Consular Ordinance No. 1 of 1844.- Prisoners
wrongly convicted.--The case of the Portuguese against Mr. Hillier. -Acting Chief
Justice Campbell directs jury to non-suit.- How he treated the plaintiffs ' attorney.-
Mr. Campbell's ' law.'-Mr. Campbell exhausts the patience of suitors and others.-
He continues to act as Chief Justice until return of Chief Justice Hulme whose reinstate-
ment is rumoured.- He would not resign in favour of Mr. Sterling, the Attorney-General.
--Governor asked to place a ' qualified ' person on the Bench.- Comments upon Mr.
Campbell.- Considered unfortunate that Governor Bonham had not removed him.-Sir
John Davis wished Mr. Campbell to dispose of certain cases.-The case of the Portu-
guese against Mr. Hillier.-April Criminal Sessions. Whether Supreme Court as now
constituted creditable to the Colony.-Attorneys discontinue entering cases for hearing
before Mr. Campbell.-Arbitrary conduct of Mr. Campbell.-A Mr. Buchanan is fined for
contempt of Court.-His affidavit.—He is imprisoned. —He " must abide the course of the
law." He remained in gaol until released by the Governor.-Convicts sent to Penang.-
Governor Bonham's tour.
Chap. IX .
Arrival of PUNCTUAL to anticipation, the P. & O. Co.'s Steamer Pekin,
Governor the very boat by which Mr. Hulme had left Hongkong
Bonham.
Return of after his suspension , * arrived on her return voyage, on the
Mr. Sterling, 20th March, having on board Governor Bonham and family,
Attorney-
General, from with Mr. Sterling, the Attorney- General, who had returned
leave.
from leave. The boat anchored in the harbour at 12 o'clock,
and half- past two being the hour fixed for the landing of the
new Governor, preparations were made for receiving him with
all the honours due to his high office. Precisely at the hour
appointed, the barge approached the wharf and as His Excellency
* See antè p. 166.
DEPARTURE OF SIR JOHN DAVIS . 185
stepped on shore, he was received with a salute of seventeen guns. Chap. IX.
He was received on landing by Sir John Davis , General Staveley, 1848.
and a military guard . A large number of civilians were also
present and hailed him with a hearty cheer. From the landing-
place to Government House the road was lined with troops , who
presented arms as His Excellency passed, accompanied by Sir
John Davis. Mrs. Bonham was escorted by the Honourable Mr.
A. R. Johnston . On the 21st March, the Governor having Governor
taken the usual oaths in Council and assumed the duties of the assumes
Bonham
Government, directed the publication of his various Commissions. duties.
That of Chief Superintendent of Trade, under signet and sign His Commis-
sions.
manual, was dated the 27th November, 1847 , thereby showing
that Sir John Davis must have resigned or expressed a wish to Sir John
resign early in that year, and his other Commissions as Governor Davis .
and Judge of the Vice- Admiralty Court were dated the 15th and
17th December, respectively. Now installed , high expectations
were formed of Mr. Bonham.
On the 21st March it was also notified that Mr. Sterling, Mr. Sterling
resumes
the Attorney - General and a member of the Legislative Council , duties as
having returned to the Colony, had that day re-assumed Attorney- General.
the duties of his own office. This notification was not with- Mr. Campbell
out causing some surprise to the public. It appeared incon- continues
as acting
gruous to see a barrister of eighteen years ' standing performing Chief
the duties of Attorney- General, while the Bench was occupied Justice.
by a gentleman who had only been a few years at the
bar, and the absurdity was all the greater when it was
considered that the junior on the Bench was only there at all
by virtue of his having been appointed to act for his senior as
Attorney- General during his temporary absence in England. †
This circumstance, however, as is usual in such cases , had Mr. Camp-
bell's
evidently some object in view, and Mr. Campbell, moreover, subserviency
had shown his subserviency to Sir John Davis, who naturally to Sir John
Davis.
showed disinclination to remove him.
Sir John Davis sailed for England by the P. & O. Steamer Departure
Sir John of
Pekin on the 30th March, About one o'clock the garrison Davis.
was drawn out and lined the road from Government House
to the wharf, where a guard of honour was stationed.
Sir John passed down the line, in company with the Gov-
ernor, the Secretaries, and other officials, and was met at the
Queen's Road by the General and his staff and the members
of the several departments. He embarked under the usual
salute, the Governor, Mr. Bonham, and the principal officials
accompanying him on board. As he stepped into the boat,
the officials raised a faint cheer, but few of the inhabitants
* Mr. Campbell had only been called to the Bar on 22nd November, 1844 -see Roll
of Barristers, App., infrà.
† See antè Chap. v § 1, p. 121, 1
186 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. IX. were present to swell the sound, and those who were at-
1848. tracted by curiosity to see the ex- Governor embark did
Manifesta- not join in the official demonstration . Captain Baker, of the
tion of
Captain Pekin, manned the yards of the steamer, and had five blacks
Baker, of dressed out in scarlet to receive Sir John Davis. This compli-
the Pekin.
Compliment ment was considered uncalled for and in bad taste on the part of
uncalled for . the Captain, but surely such a trifling affair should hardly have
been questioned or considered worthy of objection , as it was at
H.M.S. least agreeable to Captain Baker himself. As the steamer
Melampus
salutes. passed down the harbour, a salute of seventeen guns were fired
by H.M.S. Melampus. Thus departed the man who had made
things so uncomfortable for most people during his government
Comments of the Colony. Sir John Davis, in consequence of his treatment
about Sir
John Davis. of Mr. Hulme and other matters touched upon herein, had made
himself quite notorious in the Colonies, the press of which
blamed him, and while saying that the evil he had done would
live after him , and describing what " might have been a flourish-
ing and happy Colony." in reference to Hongkong, " as a hell
upon earth," added that " under the gentle rule of Mr. Bon-
ham the inhabitants of that Barataria might now hope for better
days."
Disposition
of Governors It sometimes happens that, in our distant Colonies, men
of Colonies. entrusted with administrative prerogatives betray dispositions
which are never suspected to exist in them previously, and give
the rein to passions, follies, and indiscretions which , when
repeated at Home, seem incredible.
Sir John
Davis as a Sir John Davis was represented to be one of these men —arro-
Governor. gant, arbitrary, and rash in many of his undertakings, and these
failing through their own utter inefficiency as much as from the
opposition they encountered from men of sober judgment who
calculated consequences as well as means, -- he was unscrupulous
as to the means of excusing his own errors and throwing the
blame of his blunders upon the shoulders of other parties . He
had arrived in Hongkong on the 7th May, 1844 , as successor to
services
HisChina.
in Sir Henry Pottinger. His services in China, however, reached
to a much earlier date, having commenced in 1813 , under the
East India Company, and continued to the close of its Charter in
1834, in which year he was appointed second Superintendent of
Trade to Lord Napier. On the death of that nobleman in Octo-
ber following, he succeeded as Chief Superintendent ; but a few
months afterwards he resigned and sailed for England in January,
1835. In 1844 , he returned as Plenipotentiary, Superintendent of
Trade, and Governor of Hongkong. In the discharge of the duties
of these high offices his policy received the uniform support and
approbation of the successive ministries under whom he acted,
* Antè Chap. II., p. 47,
THE LEGISLATION OF SIR JOHN DAVIS . 187
but met with local opposition , remonstrance, and abuse such as - IX.
Chap.
few representatives of the Sovereign in distant lands had with- 1848.
stood . The former could only be secured by carrying out the
instructions of the Home Government, or by the successful
exercise of discretionary powers , while the latter would seem to
be in a greater or less degree the fate of all governors, but
they were, in the case of Sir John Davis and his predecessor ,
aggravated by the peculiarity of the circumstances in which
they had been placed .
The most prominent of these circumstances appeared to be,
as has before been remarked, first , the double and sometimes
opposing authority under which, as Governor of Hongkong The duties
of Governor
and Superintendent of the Trade of Her Majesty's subjects of Hongkong
in China , the same individual was to act, the odium attached and Super-
intendent
to the exercise of the one office being reflected to the other ; of the
and, secondly, the impatience of control entertained by a body of Trade of
British
merchants who in former times, according to the testimony of Subjects.
one of themselves, were amenable to no law, with the subse- The
Merchants.
quent influx of young men , many of whom had never taken a
part in public affairs before they left Home. Added to these
causes, in the case of Sir John Davis, the reins of Government Sir John
Davis of
were held by one of retired habits , who preferred the seclusion retired
of his study to social intercourse, to which last circumstance habits.
the intenseness, if not the extent , of his unpopularity was in a
great measure to be attributed .
In his legislation , Sir John Davis was charged with indulging tion
His legisla
.
a passion for law- making, ignorant of the wants and regardless
of the interests of his countrymen in China ; and in Parliamen-
tary Committees, as well as in newspapers, it was alleged that
the Ordinances enacted by him had , besides being excessive in
number, been so crude in concoction and injurious in tendency,
that it had been found necessary for the Home Government
to disallow or alter the great majority of them. Legislation
had been of two sorts -Colonial and Consular, and the amount
of each from the constitution of the Government up to January,
1848 , had been Colonial forty-nine, Consular thirteen , in all
sixty-two. The first Ordinance (a Consular one ) was dated Comparison
with that
24th January, 1844 , and during the subsequent three months, of Sir H.
Sir Henry Pottinger enacted seventeen -twelve Colonial and Pottinger.
five Consular. Of these nine were disallowed, repealed, or
amended. During the remainder of that year, twelve Ordi-
nances were passed by Sir John Davis, of which six were dis-
allowed, repealed, amended , or superseded ; so that out of the
entire body of twenty-nine Ordinances passed in 1844, only
fourteen remained in full force. The result may have been in a
great measure accounted for by the fact that legislation for a
188 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. IX. new Colony and trade so peculiarly circumstanced must, in many
1848. respects, have been experimental. Subsequent to 1844, a marked
improvement took place in the vastly-diminished proportion of
abortive measures ; so that during the years 1844, 1845 , 1846 ,
and 1847 thirty - three Ordinances were passed by Sir John
Davis , of which up to January, 1848, only five had been repealed
or amended . Thus while in the first three months, Sir Henry
Pottinger produced seventeen Ordinances , fifty -three per cent .
of which were set aside, in the last three years Sir John Davis
produced thirty -three Ordinances, of which not quite fifteen per
cent. were annulled or altered , none of these five Ordinances, it is
worthy of remark, having been disallowed by the Home Gov-
ernment, but in most cases altered or extended in their provi-
sions so as to meet the growing or ascertained requirements of
Sir H. the community. But although Sir Henry Pottinger's legisla-
Pottinger
had no tion was bad , he had an excuse of which Sir John Davis could
assistance . not avail himself. Sir Henry Pottinger had literally no assist-
ance in the performance of his duties. His secretary was an
Assistant Surgeon in the Bombay Army ; his financial secretary,
the mate of a ship ; his legal adviser, a wandering lawyer ; his
judge, an Indian soldier ; his assistant judge, the second mate
of a country ship ; and his lieutenant-governor, Major - General
Sir John
Davis had D'Aguilar On the other hand, Sir John Davis brought with
a complete him a complete establishment (excepting always a Police
establish-
ment. Magistrate) ; Colonial Secretary, Mr. Bruce ; Treasurer, Mr.
Martin ; Auditor- General, Mr. Shelley ; Chief Justice, Mr.
The nature Hulme. Sir John Davis ' wretched course of legislation
of his
legislation. was dictated by his own tyrannical disposition . Registration
Ordinances, Branding Ordinances, and fiscal taxes were all
the result of his own conception . On his arrival in the
Colony he had received a kindly reception , and as an untried
Odium man he was entitled to it. One subject which had excited
attached to
him anent greater odium than any other act of his was that regarding the
suspension suspension of Chief Justice Hulme. His actions and motives
of Chief
Justice in this matter were said to have been exaggerated or misrepre-
Hulme.
sented, but that he ought to have foreseen when he consented
to enter upon an investigation which involved the necessity of
Governor
Davis' invading the sanctities of private life. His resignation was
resignation reported to have been unhesitatingly accepted, and the new
was accepted Governor, it was hoped, would prove a man of greater sagacity,
unhesitat-
ingly. more prudence, with a more effectual command over his temper,
prejudices, and predilections than his predecessor. *
* Sir John Davis, Bart. , K.C.B , died on the 13th November, 1890, at his residence,
Hollywood Tower, Westbury-on-Trym, near Bristol. He had reached the patriarchal age
of ninety-six, having been born on the 16th July, 1795. The value of his personal estate
was sworn at £ 167,898 . His various publications regarding China are still standard works
and at the same time are very readable. His wife had predeceased him on the 7th Sep-
tember, 1866.
DEPARTURE OF CONSUL MCGREGOR. 189
The departure ofMajor- General D'Aguilar in February, follow- Chap. - IX.
ed by that of Sir John Davis and now of Mr. F. C. McGregor, 1848.
the latter leaving for England by the same steamer as the former, Departure
of Major-
all of them having borne prominent parts in the important General
transactions of the last four years, was a strange coincidence. D'Aguilar.
Departure
Mr. McGregor had held the important office of Consul at Can- of Mr.
ton for nearly four years. His experience in Consular duties McGregor,
Consul at
(excepting his muddle in the Compton Case ) , application to busi- Canton.
ness, and affable manner all qualified him for the appointment he Gregor's
Mr. Me-
held ; but unfortunately for himself and for British interests , he career in
had had to submit to the dictates of the Superintendent of Trade China.
at Hongkong. This had embittered his existence and been the
means of estranging him from his countrymen , who cheerfully
testified to his unwearied assiduity and earnest desire to protect
British interests . Before leaving Canton he was presented with Testimonial
a testimonial and a piece of plate by the Parsee and Indian before
departuhis
re.
merchants of Canton . In his reply Mr. McGregor said—“ he
had had to contend with many and serious difficulties , and
honestly confessed he had not always been successful in over-
coming them , and that he had committed errors which he sin-
cerely regretted, but had always endeavoured to do what
appeared to him just and right.' It was not known if Mr.
McGregor would return to China, but if he did , it was hoped it
would be in a different capacity. A Superintendent of Trade Commercial
resident at Hongkong did not appear to be a person fit to look interests
England of
after the commercial interests of England at Canton. Mr. Adam at Canton.
Wallace Elmslie, the Vice- Consul at Canton, * was appointed Mr. Elmslie
acts for
on the 1st April by Her Majesty's Plenipotentiary to officiate Mr. Mc-
for Mr. McGregor during the latter's absence . In October, Gregor.
1848 , the news reached the Colony that Mr. McGregor had
retired from the service upon pension , to settle in Denmark, where ,
for many years before, he had held a Consular appointment.
On the 1st April, the Governor also granted a free pardon to Free pardons
Robert Rawnsley , convicted of assault in October, 1847 , and convicts.
to European
sentenced to imprisonment for one year, and to George Wells,
convicted of misconduct as a Police Constable in March last, and
sentenced to imprisonment for two months . On the 8th April , Mr. Thomas
Mr. Wade, Assistant Chinese Secretary and Interpreter to the Wade acts
as Private
Governor, was appointed by the latter "to perform the duties Secretary to
of Private Secretary until further orders," the appointment Governor
Bonham.
dating from the 21st March.
The April Criminal Sessions was held in the new Court April
Criminal
House, in the Queen's Road , on Saturday, the 15th April. The
Sessions
held in
first case was that of the notorious Too Apo, one of the pirates
new Court
engaged at Chimmo Bay who was admitted as Queen's evidence House.
Too Apo,
at the trial of the case at the Admiralty Sessions in April, the informer,
* Previously Private Secretary to Sir Henry Pottinger-see antè p. 99.
190 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. IX. 1847. * He was now accused of extorting money from one Wong
1848. A Moon, being armed with a pair of pistols. He pleaded not
charged with guilty. For a year past this ruffian had been allowed to cut
extortion.
Police a prominent figure in the Supreme Court as an informer against
confidence
in him. alleged accomplices, and so highly had his services been esteem-
ed that, with a view perhaps of saving truth and giving an
appearance of vigilance to the judicial department, he was im-
mediately taken upon the staff of the Police as chief detector
How he of pirates . At every Sessions thereafter, he contrived to offer up
contrived to two or three victims, and his credit became such that in his case
deceive.
the confirmation usually required in the case of an approver was
His unsup dispensed with , and his unsupported testimony against pretended
ported
testimony accomplices implicitly relied on, and prisoner after prisoner
implicitly condemned . That Too Apo would abuse the power thus
relied on.
thrust into his hands appeared very evident, and , as events
Known as
an offender showed, this man was known by the Police to have actually
by the been guilty of the very offences it was supposed he would be
Police.
induced to commit, and yet he was still kept on in the Police
6
Through and his services ' made use of. Scarcely one of those accused
fear of his
influence by him but had a likely story to tell of having been called upon
he is not to pay money, or, as in one case, to surrender a sweetheart, with
denounced .
the alternative of being charged with piracy ! And these un-
fortunates, ignorant of the forms of our Courts, and perhaps
contemplating that their simple but probable declarations would
go for something against the unsupported testimony of a per-
son admittedly infamous, had as usual neither witnesses to speak
for nor counsel to defend them . At the Admiralty Sessions held
on the 24th January last, in connexion with the Chimmo Bay
piracies, another man denounced by Too Apo had also been in-
dicted, but from some imformality, some document having been
mislaid , he was not then brought to trial, but unfortunately
for himself he was remanded to Gaol till the next sitting of the
Court. He had thus suffered three months ' imprisonment, but
had thereby probably escaped either being hanged or being
banished for life, which might have been his fate had he
been tried along with the twelve others arraigned on the
occasion mentioned and had not Too Apo's own career fortu-
nately now been cut short. Upon Too Apo's conviction, as
hereinafter mentioned, this man was discharged, while those
formerly convicted on his evidence had either been hanged or
were now undergoing their sentences. What rendered their
cases more pitiful and striking was the fact now brought out, —
but only at Too Apo's trial, be it said to the discredit of the
Police Officer concerned ,-that at the time Too Apo had last
* Antè Chap. VII., p. 139.
+ Id.
Id. p. 174.
TRIAL AND CONVICTION OF TOO APO, THE INFORmer . 191
figured in the witness box against them, it was known , as Chap.
-- IX.
stated before, that the ruffian informer had been extorting mo- 1848.
ney under threats of charging other men with piracy ! ' Murder Murder
will out.
will out,' and at length he was brought to justice . He was
first charged with having on the 5th October, 1847 , gone armed
on board a boat and demanded $ 45 from one Wong A Moon before
mentioned , threatening to shoot him in case of refusal, and stating ,
also, that, being now in the pay of the Government, Wong A
Moon's life was in his hands and would only be saved by pay-
ment of the demand he made. Under this threat he obtained
$20 and afterwards $ 25 , probably all the poor man possessed ,
but possibly for that very reason Too Apo fixed upon Wong
A Moon as the next manifestation of his zeal in the public
service. The Jury in this case took a long time to deliberate,
but as one of their number, it is recorded , felt great reluctance
to convict an undefended prisoner on mere Chinese evidence, the
Judge told them , if they had a doubt, they ought to give the
prisoner the benefit of it, and he was accordingly acquitted , but
immediately afterwards put upon his trial before the same Jury on
a charge of having on the 14th January, 1848 , gone armed to one
Chum A Hee, a boatman, and demanded $ 100 from him, under
threat of charging him with piracy. This apparently had been
the second demand on Chum A Hee, who, having no more money,
told Too Apo so, and then appealed to Mr. Caldwell, the Assist- Mr. Cald-
well's
ant Superintendent of Police, ( who had taken and been given so attitude.
much credit in connexion with these Chimino Bay piracies ) . Mr.
Caldwell directed him not to pay Too Apo any money, but yet
took no steps either to prosecute this infamous character at once
or to get rid of him. At the trial it appeared that, in the month
of October, 1847 , Too Apo had gone to Chum . A Hee similarly
armed and, again referring to his character as a servant ofthe Brit-
ish Government, had demanded $80 with the usual threat. The
man, having only $ 50, raised the remainder by borrowing, and
thus escaped for a time. It appeared that Too Apo, not content
with the $ 80 blood money' formerly got from this man, now
demanded $ 100 , as he said, for Mr. Caldwell , but, finding Chum
A Hee run dry and obstinate, charged him with being con-
cerned in the Chimmo Bay piracies.
Being found guilty, Too Apo was sentenced to three years ' Conviction
imprisonment with hard labour . Strange to say, under such of Too Apo.
atrocious circumstances, the third count was not proceeded with,
nor do the records disclose that the conduct of the Police in
continuing to employ this arch-villain after they had themselves
reason to doubt of the correctness of this man's proceedings
met with any reproof either on the part of the public or of the
Government ,
192 HISTORY OF THE LAWS , ETC. , OF HONGKONG,
Chap. IX. After receiving sentence Too Apo had the effrontery to say
1848. to the Court that when his three years were finished , he hoped
His insolence they might give him three years more and afterwards hang
to the Court.
him , —thus showing a very just appreciation of his own deserts ,
which certainly ought to have been discovered long before his
services had been secured for so very little. It was now hoped
that the Governor would exercise his prerogative of mercy and
The victims extend a free pardon to those unfortunate victims of Too Apo
of Too Apo. and who had been convicted entirely upon his unsupported
testimony.
The services Justice cannot always be satisfied without the services of
of informers. such characters ; but it is at all times difficult to deal with an
informer, and it is particularly so with a Chinaman confessedly
The
ities author
and of a dangerous character. The authorities appeared to have
Too Apo . been alive to the dangerous power Too Apo held and the bad
use he might put it to, as it appeared he had been told " not to
charge any more people with the Chimmo Bay piracy !"
The other cases tried at this Sessions were of no very
great interest in themselves, but two of them gave rise to cha-
racteristic incidents which will bear reporting. At the last
Criminal Sessions three Chinese were tried , found guilty, and
sentenced to transportation for robbery with arms on board a
boat outside the harbour, and, in order to avoid the necessity of
Consular
Ordinance holding an Admiralty Court, the prisoners had been indicted
No. 1 of under the Consular Ordinance No. 1 of 1844. This Ordinance
1844.
provided , first, that the law of England shall extend to all Her
The Law of Majesty's subjects within the dominions of the Emperor of China
England. or within any ship or vessel at a distance of not more than one
British
subjects. hundred miles from the coast of China ; secondly, that Courts of
Justice at Hongkong were to have jurisdiction over Her Ma-
jesty's subjects within the dominions of the Emperor of China or
within any ship or vessel, etc.; and, thirdly, that no objection was
to be allowed to such British subjects against the locality of the
Jurisdiction jurisdiction of the Courts of Hongkong. The prisoners, having
of the Court. been residents of Hongkong, were therefore held to come under
the denomination of British subjects , which was considered
more than doubtful, the men having neither been born within
The
the British dominions nor proved to have been natives at the time
Attorney.
General the island was ceded , nor were they naturalized subjects of the
and the
practice of Queen. Other cases of the same description were brought before
trying cases the Court this Sessions . Upon the first being called , the Attorney-
committed
outside the General, Mr. Sterling , stated that during his absence he under-
stood a practice had been introduced of trying robberies com-
before the
Criminal mitted outside the harbour before the Criminal Court, under a
Court. local Ordinance, and he put it to the Court whether the present
THE CASE OF THE PORTUGUESE AGAINST MR. HILLIER. 193
case should be so tried . The acting Chief Justice, Mr. Camp- Chap. IX.
bell, explained that the course had been adopted in order to 1848.
prevent trouble, and to save the summoning of a Grand Jury, - Mr. Camp
bell, acting
both undoubtedly commendable reasons, but which, if sound, Chief
would practically have justified the abolition of the Grand Jury. Justice, on
the subject .
The case was postponed, but immediately after another was tried,
The
when the acting Chief Justice, taking the Attorney-General's Attorney-
hint, observed that the men were not British subjects, but on General and
the Acting
being told they had been arrested in the island, seemed to Chief
consider that as quite satisfactory. Afterwards, however, he Justice upon
directed the Jury to acquit the prisoners, " because their crime status of
prisoners
as British
had been committed beyond the harbour. " subjects
under
Attorney- General. " Similar cases have been tried before." Consular
Ordinance
Acting Chief Justice.-" If we have been wrong before, we No.of 1
must not persist in it. " 1844.
An admirable doctrine, certainly, if it had been acted up to, Prisoners
wrongly
and it was therefore hoped that the prisoners formerly tried and, convicted.
as it now appeared, " wrongly " convicted, would soon be re-
leased and be allowed their remedy, supposing such a thing to
have been possible with the number already transported .
On the 26th April, the case of the Portuguese now com- The case
of the
monly known as D'Assis and Pacheco, ' --( though, as men- Portuguese
tioned in August, 1846 , it would appear as if Pacheco and De against
Hillier. Mr.
Mello had been the parties arrested) * - against Mr. Hillier for
$25,000 damages , for false imprisonment, came before the acting
Chief Justice, Mr. Campbell. Originally the plaintiffs ' attorney
had set the cause down for hearing for the 14th, but suspecting
afterwards or hearing that Mr. Campbell, when acting Attorney-
General, had previously expressed his opinion to the Govern-
ment upon the case, countermanded his notice of trial, upon
which the Court felt it necessary and expedient that the case
should be gone on with and appointed this day (the 26th ) for hear
ing it, and for which day the defendant's attorney set it down
for trial. The plaintiffs ' attorney, however, now asked for an
adjournment on an affidavit stating that their principal witness
was absent from the Colony, being ill in Macao, and also pro-
duced a medical certificate. Without waiting to see whether Acting
ChiefJustice
the defendant's attorney had any objection or not to the appli- Campbell
cation, on hearing the affidavit read the acting Chief Justice directs jury
to non-suit,
refused it, and the Jury being then sworn, were directed to non-
suit the plaintiffs, in spite of the opposition of the plaintiffs'
attorney, who stated that to force on the case was tantamount to How he
a denial of justice . For this he was reprimanded by the Bench , plaintiffs'
treated the
and, says a report of the case, " the attorney was treated to what attorney.
* Antè Chap. III § III., p. 105.
194 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. IX. was intended should be a learned dissertation on what the
1848. nature of the pleadings should have been in an action of this
kind, and then followed a long address dwelling at length on
what the plaintiffs' counsel should have done ; how he would
have drawn their pleadings, and , warming with the subject, gave
the plaintiffs ' attorney a setting down for having brought the
Mr. Camp action at all. Some very bad law was quoted and delivered in
bell's 'law.'
a very placid manner. On concluding these remarks against
the plaintiffs' attorney, in order, it was supposed, to show how
equally justice was administered, the defendant's attorney now
also received a censure for want of due diligence to his client ;
here, however, the Jury met with what they little expected , in
the attorney firmly giving a refutation to His Lordship's impu-
tations , with a confutation of His Lordship's law.'
Mr. Camp- Mr. Campbell had now begun to exhaust the patience of those
bell exhausts
the patienc whose business brought them in contact with him. Notwith-
e
of suitors
and others. standing the arrival of Mr. Sterling last March, Mr. Campbell had,
He continues as before stated , continued to sit on the Bench as acting Chief
to act as
Chief Justice Justice, and was to keep his seat until the return of Chief Justice
until return Hulme, --the news of whose reinstatement had now reached the
of Chief Colony to the great satisfaction of one and all, -unless the
Justice
Hulme, Governor, Mr. Bonham, took the responsibility of removing him
whose
reinstate- notwithstanding Sir John Davis' wishes in the matter, but as
ment is Mr. Hulme was expected in June and the Court did not open
rumoured .
He would till July, if Mr. Campbell had not the grace to resign in favour of
not resign his senior , Mr. Sterling, it might not be worth while to displace
Mr.favour
in of
Sterling, him ; should , however, circumstances prevent Mr. Hulme's re-
the Attorney
General. turn so soon as was expected , it was hoped that the Governor
Governor would not hesitate to place a " qualified " person on the Bench.
asked to
Mr. Campbell had never held other than acting appoint-
place a
'qualified ' ments, and when the state of the Attorney- General's health
person on
the Bench. necessitated a visit to Europe, Mr. Campbell was nominated
Comments to perform the duties for half the salary. So far this had
upon Mr.
appeared unavoidable, but when Mr. Sterling returned to the
Campbell.
Colony, a man with eighteen years' experience at the bar, it
was presumed that the junior of four years' experience
would have had the good sense to abdicate in his favour,
Considered resuming his former acting appointment of Attorney- General.
unfortunate But this, with the support of Sir John Davis, Mr. Campbell
that Gov-
ernor had refused to do, and it was unfortunate, it was said, that
Bonham had the present Governor had not removed him at once. This
him.removed
not led to the imputation that Sir John Davis, being interested in
Sir John certain cases then pending before the Court, was anxious that
Davis
Mr. Cam p- they should be disposed of before his nominee had retired from
wished
bell to the Bench, one of these cases being that of the Portuguese before
* Antè p. 185.
MR. CAMPBELL AS ACTING CHIEF JUSTICE . 195
mentioned against Mr. Hillier which had come before the Court Chap. IX.
on the 26th of this month. Under such circumstances it is 1848.
not astonishing that such imputation should have been made , dispose
certain of
cases.
imputations which spoke very little in favour of the acting The case of
Judge. the Portu-
guese against
Mr. Hillier.
The proceedings at the Criminal Sessions held on the 15th Criminal
April
April had also enabled litigants to judge whether, as now sessions.
constituted , the Supreme Court was creditable to the Colony, WSupreme
and it was now reported that the attorneys had discontinued Court as
entering cases for trial, pending the return of Mr. Hulme. As now
constituted
an instance of the arbitrary conduct of Mr. Campbell , who ap- creditable
parently was then under thirty, the case of a Mr. Buchanan was to the
Colony.
quoted . This person , for failing to appear as a Juror at the discontinue
Attorneys
Vice-Admiralty Court last December Sessions, was fined $ 20 for entering
disc
for
contempt of Court, though he had filed an affidavit stating why cases
hearing
he had been unable to attend. He was, moreover, under age at before Mr.
the time and consequently ought never to have been returned on Campbell.
Arbitrary
the Sheriff's panel . But no notice was taken of this, and on one &
the 13th March a writ was issued to enforce payment, and Mr. bell.
Mr. Camp-
Buchanan imprisoned in the Debtor's Gaol on that day. In a Mr.
vain did he petition for his release, the acting Chief Justice fined
Buchanan
for is
6:
endorsing on his petition that Mr. Buchanan must abide the com
course of the law, " without moreover, which greatly aggravated of
HisCont
affidavit.
the matter, any period of imprisonment being stated in default Heis
of the payment of the fine ! Mr. Buchanan being unable to imprisoned.
He must
pay the fine remained imprisoned for upwards of two months course abide the
of the
when at last, upon the case being brought to his notice through
the press , the Governor, on the 19th May, took the initiative of He remained
in gaol
releasing him. until released
by the
Governor.
On the 28th April tenders were called for for a passage to Convicts
Penang for twenty- three convicts. On the 29th Governor and sent to
Penang.
Mrs. Bonham, accompanied by General Staveley and others, Governor
proceeded in H.M.S. Medra to the Bogue and afterwards visited Bonham's
tour.
Canton, returning to Hongkong on Tuesday evening, the 2nd
May.
196
CHAPTER X.
1848 .
Reinstatement of Chief Justice Hulme.--Earl Grey's act of justice.-- Repudiation of
Mr. Hulme's persecution never doubted.- Mr. Hulme's case excited sympathy in the
Colonies. View of case at the present time.- Charges malignant falsehoods.--Disgrace
now fell on the accuser.--The conduct of the Governor of any colony.- Governor
Davis' secret accusations not confined to Chief Justice Hulme.-Agitation sets in against
Mr. Campbell's retention on the Bench. - Mr. Campbell's inexperience. - Motives of deli-
cacy on the part of the new Governor. - No attorney entered the Court. -Comments upon
Mr. Campbell.- Ship Mor leaves for Penang with convicts. -Those convicted on the
evidence of Too Apo. - Commodore• Plumridge. -Arrival of Chief Justice Hulme after
reinstatement. - Sir John Davis an arch-hypocrite.'-Quick return of the Chief Justice.-
Deep feeling of respect.--Government Notification restoring Chief Justice to office. Vale-
dictory.-Retributive justice.- Chief Justice Hulme. Comparison with Sir John Davis.-
Governor Bonham leaves for northern consulates.- Major-General Staveley acts. - Sitting
of the Admiralty Court. -The Commissioners do not attend.--Chief Justice discharges the
Jury.-Comments.--The Jurors.--The case of Mr. Buchanan compared.- The sitting of
the Admiralty Court after the adjournment.--Mr. Campbell after the return of Chief
Justice Hulme.- He is cast into oblivion.--The description of him - His conceit.-Un-
fitted for his position.-- Sir John Davis interested in Mr. Campbell.--The case against Mr.
Hillier. The case against Mr. Tarrant.--Major Caine's reputation at stake.-General
comments upon Mr. Campbell and his official career in Hongkong.-Mr. Campbell's order
for cutting off ' tails ' and shaving off crowns of Chinese heads.- Governor Bonham
ordered practice to be discontinued.—Mr. Campbell's erroneous decisions —Re Nuncheong.
-Nuncheong v. Consul McGregor.- Sir John Davis' model lawyer.- Melancholy condi-
tion of Supreme Court as presided over by Mr. Campbell. — Mr. Campbell as Attorney-
General. His nocturnal visits to the Police Offices. -His departure from Hongkong.
' The undisguised contempt of the community .'-Return of Governor Bonham.- Land.—
Reply of Earl Grey to memorial of residents. Ground rents. -Governor Bonham's despatch.
Extension of term of leases. -Earl Grey's reply.-- Return of Mr. Inglis, the Registrar-
General, from leave.-Victims of Too Apo pardoned. -Governor Bonham eulogized.—
Another victim of Too Apo pardoned. - Piracy Case against Captain Cole and crew of the
schooner Spec.- No true bill. - Re-appointment of Mr. Mercer as a member of the Legisla-
tive Council.- The attorneys and solicitors petition the Chief Justice on the subject of
the Court fees.-Fees prescribed by Regula Generalis.— Inspector Smithers and other
Police drowned.- Further charges against Mr. Holdforth, the Sheriff.-Chief Justice
Hulme's fall from horseback. His popularity.- Session of the Vice-Admiralty Court.-
Case against Captain Cole thrown out. -Police scrimmage with Chinese in the harbour.-
Police seek naval assistance.- Chinese killed. Tails' cut off.- Verdict at inquest. - Home
and Indian view of the case.--October Criminal Sessions. -Convict soldiers transported
to Cape of Good Hope. - Case of the Portuguese against Mr. Hillier. New trial
granted by Chief Justice.- Chief Justice Hulme disposed to grant plaintiffs every
facility. Summary of the case. - Chief Justice's decision. -Verdict for the defendant.-
No imputation on the characters of the plaintiffs. — Mr. McSwyney and his Chinese wife
Aho.-How he was duped into marrying her. -He ill-treats his wife and turns her out of
doors. He charges her with larceny.- Mr. Hillier, doubtful of his law, leaves matter to
the Attorney-General. - Mr. Sterling's views. Mrs. McSwyney is discharged by proclama-
tion.- Resignation of Mr. N. D'E. Parker as Coroner. - Messrs. Hillier and Holdforth
'Joint- Coroners .'-Execution of Mo Yeen for murder committed in November, 1845.-How
Chap. X. his capture was effected.- His indifference on the scaffold. -Judicial features of 1848.
-
Reinstate- THE reinstatement of Chief Justice Hulme by the Secretary of
ment of
Chief Justice State, rumours in regard to which had been current in the
Hulme.
Colony from the time of the arrival of Governor Bonham, was now
Earl Grey's confirmed , and his return was expected in June. Earl Grey in
act of justice. reinstating Mr. Hulme did an act of justice for which His Lord-
ship's countrymen in this part of the world could not but feel
grateful.
REINSTATEMENT OF CHIEF JUSTICE HULME. 197
That the iniquitous persecution by Sir John Davis and his chap . X.
clique would be repudiated by Her Majesty's Government was 1848.
never for a moment doubted, but the people here were under Repudiation
of Mr.
the impression that the victim of petty tyranny would probably Hulme's
persecution
receive another appointment in another colony and would not never
return to Hongkong again. Mr. Hulme's case seemed to have doubted .
excited sympathy in the British Colonies and in India . Cer- Mr. Hulme's
case excited
tainly, whatever might have been the nature or extent of his sympathy in
the Colonies.
errors , the manner in which the case was investigated was as
unbecoming as could well be imagined . At this distance of time, View of case
however, to be charitable, one feels disposed to look upon Sir at the present
time.
John Davis' behaviour as a case of false pride, which in any event
goes towards aggravating the offence a hundred fold in its result.
He had secretly and falsely charged the Judge and was told to
prove his charges, but this was a contingency for which the
pawkey ' Baronet was not prepared, and, to get out of the
difficulty, he fell back upon the suggestion that since the return
of the Judge's wife, Mr. Hulme had improved and therefore
he did not think an investigation necessary . * In this way he
showed how weak he himself considered his case to be and there-
fore how wrong he had been , but, being evidently a person
of no moral courage, he would not apologize and allowed
his false pride to carry him to a pitch of unsurpassed vindic-
tiveness, truth, honour, humanity, and every other virtue
giving way before his malignant desire to ruin the man
who had refused to sacrifice the integrity of the Bench. In
reinstating Chief Justice Hulme, Lord Grey had now virtually Charges
declared that the charges were malignant falsehoods. It was malignant
falschoods .
therefore with great satisfaction that it was learnt that Sir John
Davis had signally failed to effect his malicious purpose . His
intended victim had been most triumphantly acquitted of the
gross offences laid to his charge, and the disgrace which would Disgrace now
have followed conviction now descended on the head of the accuser, fell on the
accuser.
and was perhaps one of the most humiliating that could occur.
The conduct of the Governor of any one Colony and the The conduct
of the
consequences attendant upon such conduct were of necessity Governor of
interesting to all colonies, and these now joined in the cry of any colony.
" Shame ! Shame ! " which, it was said, would now greet Sir
John Davis wherever he went, for conduct in so many instances Governor
Davis' secret
unbecoming the character of a gentleman and a man of honour. accusations
His secret accusations had not been confined to the Chief Justice , notChief
confined
to
and it was to be regretted that others whom he had also accused Justice
had not had the same opportunity given them of refuting the Hulme.
charges .
Antè Chap. VIII § 1., p . 137.
198 HISTORY OF THE LAWS, ETC. , OF HONGKONG .
Chap. X. Strong comments now again appeared anent the continued
--
1848. retention of Mr. Campbell, who had taken such an active part
Agitation in procuring Mr. Hulme's suspension, upon the Bench. Cer-
sets in
against Mr. tainly, it was an act of injustice to Mr. Sterling, and equally
redress before
Campbell's
retention on unjust towards those who were compelled to seek
the Bench. the Court of Civil Law. There were yet doubts as to whether
Mr. Hulme would return in June, and, should he not come back,
it was fervently hoped that the Governor would take the appoint-
ment of another acting Chief Justice into his serious considera-
tion. At that moment, it was alleged , the Colony was virtually
deprived of a Court ofJustice, and without seeking for other causes,
Mr. Mr. Campbell's inexperience was an ample apology for his removal ,
immediately upon Mr.
inexperience. and it was a pity that this was not done
Campbell's
Sterling's arrival , as the indecorous relative positions occupied
by Mr. Campbell and himself struck every one who had entered
Motives of the Court during the last Sessions . Perhaps motives of delicacy
delicacy on
the part of had hitherto prevented the Governor from interfering with the
the new nt of a nominee of his predecessor, but Mr.
Governor. interim appointme
Bonham could not but have been fully aware of the incapacity
of Mr. Campbell as a Judge, and that his opinions as a lawyer
were such as might have emanated from Mr. Briefless , of
No attorney Punch. Recently not one attorney had entered the Court,
entered the
Court. which fact the Governor must have known also, apart from the
Comments reduction in the Court fees . Under the circumstances it was
upon Mr.
Campbell. a matter for regret that Mr. Campbell's friends had not prevailed
upon him to resign in favour of Mr. Sterling immediately on
the latter's return. As acting Attorney- General he would have
occupied a respectable position and escaped not only the legitimate
censure of the press but also observations calculated " to bring
the Bench into contempt as bearing 99upon the mental capacity
and personal dignity of the occupant."
Ship Mor
leaves for On the 28th May, the ship Mor left Hongkong for Penang
Penang with and India with twenty convicts on board . One of these men, who
convicts.
had evidently effected his escape, being afterwards found at
large in the Colony, was apprehended and sentenced at the
June extra Criminal Sessions of 1854.* Three other convicts,
who were also to have left by the Mor, and who had been
Those convicted upon the evidence of Too Apo, the informer,
convicted on
the evidence were kept back in order that the Governor might have an
of Too Apo. Opportunity of seeing the depositions and inquiring into their
cases. Two of these prisoners had been convicted on the 24th
January, and one on the 25th of the same month.
Commodore H.M.S. Cambrian, carrying the pennant of Commodore Plum-
Plumridge.
ridge, anchored in the harbour of Hongkong on Tuesday, the
13th June. Since the demise of Admiral Inglefield early in the
See Chap. XV., infrà.
RETURN OF CHIEF JUSTICE HULME. 199
year, Commodore Plumridge had been in command of the fleet . Chap.
--- X.
At length Chief Justice Hulme, whose reinstatement by the 1848.
Secretary of State had been announced weeks before and Arrival of
Chief Justice
on hearing which before his departure from the Colony, it is Hulme after
said Sir John Davis rubbed his hands exclaiming-" Glorious menstate
news ; I'm delighted to hear it," which gained him the Sir John
Davis an
(.
further appellation of arch-hypocrite, "-arrived in the Co- arch-
lony by the P. & O. Co.'s Steamer Braganza on the 16th hypocrite.'
June. He returned to Hongkong after an absence of less than
six months, having left the Colony, it will be remembered , on
the 30th December last . * A very quick return, it will be Quick return
admitted, considering the lengths and discomforts of passages " of
Justhe
ticeChief
.
to Europe in those days and which but few " habitual drunkards
could certainly have withstood . During Mr. Hulme's short
absence many changes had taken place, many false reports had been
put in circulation ; but the deep feeling of respect which the com- Deep feeling
munity entertained for him had never been shaken , and those who of respect.
grieved in his adversity now rejoiced in his prosperity and
welcomed him back with the most cordial regard. On the day of Government
Notification
his arrival appeared the following Government Notification :-- restoring
Chief
"The Honourable Chief Justice Hulme, having returned to Hongkong, is, Justice to
by the direction of the Right Honourable Her Majesty's Principal Secretary office.
of State for the Colonies , restored to his Office from this date inclusive.
By Order,
W. CAINE,
Colonial Secretary.
Colonial Office,
Victoria, Hongkong, 16th June, 1848."
Mr. Hulme was thus reinstated with full powers , receiving, Valedictory.
moreover, his full arrears of salary from the date of his suspension
on the 30th November, 1847. The Secretary of State in rein-
stating Mr. Hulme . without even waiting to hear his personal
vindication , acted in accordance with the character he had
sustained as a statesman and as a member of social life . Lord
Grey, of all Her Majesty's ministers, was probably the one who
would have been the least inclined to overlook any gross
impropriety in a Judge, and he evidently was satisfied that the
Chief Justice had been the victim of a persecution which would
entail disgrace upon those who had raised it. To colonists
generally the result was gratifying ; it was a proof that the
petty tyranny of governors will not always be allowed to pass ;
it was a proof that the Secretary for the Colonies would redress.
wrongs ; and, above all, it was a proof that the majesty of the
law would not be degraded before the despotic will of a petty
colonial satrap . Chief Justice Hulme had passed through a severe
ordeal in a manner gratifying to himself, his family, and his
* Ante Chap. VIII § 1, p. 166.
200 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. X. friends. There was a retributive justice in this case which
1848. should not be overlooked . Chief Justice Hulme had returned
Retributive to the Colony vindicated from the aspersions that had been
justice.
Chief cast upon him , and Sir John Davis had gone Home branded
Justice
Hulme. as a libeller two years before the usual term of office, having
Comparison been permitted to resign. An unexampled career of oppression
with Sir
John Davis. had rendered miserable the existence of his subordinates ; he had
slandered his countrymen to Her Majesty's Government, and he
had left these parts without having a single friend . ChiefJustice
Hulme had never courted popularity ; on the contrary, until he
had become the victim of persecution by Sir John Davis , he was
apparently little known outside the circle in which he moved .
He was known as a Judge who had given general satisfaction ,
but had never been recognized as an advocate of the people in the
legislature. He now received a kind welcome and , as a man of
experience, firmness, and integrity, he was entitled to it.
Governor
Bonham On the 24th June, the Governor, accompanied by Mr. Thomas
leaves for Wade, left by H.M.S. Medea for the northern consulates, the Gov-
northern
consulates. ernment during his absence being administered by Major - General
Major- Staveley, C.B. , the Lieutenant-Governor.
General
Staveley A notice signed by Mr. Cay, the Registrar, ' by order of the
acts.
Commissioners ,' bearing date the 3rd June, and published on
Sitting of the the 8th, intimated that a Court of Admiralty would be held
Admiralty
Court. on the 26th June, at 10 o'clock. At the hour appointed ,
Chief Justice Hulme arrived and retired to his robing room
The Com- where he ought to have been joined by the other Commis-
missioners
do not sioners, but after waiting for an hour and a half, during which
attend. time the officers of the Court, the Attorney- General , and counsel
for the prisoners duly convened " at or before 10 a.m. ," had
been dancing attendance, and the twenty-four Grand Jurors
and forty-eight Petty Jurors kept pacing the outer room with
Chief
Justice impatient steps , the Chief Justice entered the Court and explained
discharges that, by the constitution of the Admiralty Court, it was necessary
the Jury. that two Commissioners besides the Governor or himself should
be present, and as none of them had appeared up to that hour,
he could not think of detaining the gentlemen of the Jury any
longer and therefore released them, adjourning the Court to the
Comments. 5th July. His Excellency the Governor, it was known, had
sailed on Saturday, the 24th, in the Medea upon a tour to the
northern ports, but as to the other Commissioners the cause of
their absence rightly formed the subject of comment . None
of the others , it would appear, so much as sent an excuse,
except the Colonial Secretary, who was confined to his house by
sickness . The Chief Justice being the one to preside, it was not
expected that the Lieutenant- Governor would have attended , and
the Chief Magistrate's absence might perhaps have been excused
MR. CAMPBELL OUT OF GOVERNMENT EMPLOY. 201
by his having to preside in his own Court ; but as to the naval Chap. X.
members ofthe Court, there could have been no excuse for their 1848.
non-attendance. The inconvenience caused by the non -attend-
ance of the Commissioners at this Sessions was severely com-
mented upon. There were eight cases set down for trial , in one of
them not less than fifteen witnesses from Canton being in at-
tendance . The Jurors were naturally not a little annoyed at The Jurors .
having been taken away from business to dance attendance at the
Court to no purpose, with the prospect of having to attend again.
But besides the inconvenience they were thus put to, justice
was delayed and the Crown had incurred a serious expense, and ,
as was pointed out, all because those to whom the Crown had
entrusted an important duty had not shown that regard for
the public service which they were ever so ready to inculcate
upon others. As regards the Jurors it was only at the last
Sessions of the Vice - Admiralty Court ( December, 1847 ) that a
young man, a Mr. Buchanan , who, though really not liable to The case
serve as a Juror, * had neglected to attend , though afterwards of Mr.
Buchanan
making the excuse that he had been sick, had been peremp- compared .
torily fined twenty dollars, and having no money was committed
to Gaol by Mr. Campbell and there kept for nearly two
months "to abide the course of the law." That Mr. Bonham
would allow the whole community to be thus made game
of could not be imagined, and the Jurors, it was considered ,
would be wanting in their duty if they did not formally com-
plain to the Governor on his return , and make a request that
steps be taken to prevent the repetition of an occurrence which
was both injurious and insulting to the public. On the 5th The sitting
July, the date to which the Sessions had been adjourned , the of the
Admiralty
Court opened The Commissioners present on that occasion Court after
were the Chief Justice, Captain Morris of H.M.S. Cambrian , and the adjourn-
ment.
Mr. Hillier, the Chief Magistrate . The strictures passed at the
last sitting had therefore had some effect. Major-General
Staveley, the Lieutenant-Governor, had also appeared at the
opening of the Court, but finding there was a quorum and that
he was not wanted , he afterwards retired, and the cases then
proceeded.
Chief Justice Hulme having returned to the Colony and . Mr. Mr. Campbell
Sterling having resumed his duties, Mr. Campbell was now out of after
returntheof
Government employment, and , to be charitable, it could not be Chief
Justice
said that it was due to this that the hostile criticisms passed on Hulme.
him during his short career in Hongkong were now reiterated
on his departure. On the contrary, on Mr. Hulme's return he He is cast
seems to have been cast into oblivion immediately, for even his into oblivion.
departure is nowhere noticed, and great, indeed , seems to have
* Antè p. 195,
202 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. X. been the patience exercised in regard to him, notwithstanding
1848. the part he took in advising the Government adversely in
The descrip- connexion with the Chief Justice's suspension . He was de-
tion of him. scribed as an Anglo- Indian overbearing in manner and of no
His conceit. talent, * but, meeting with support from the authorities , his con-
ceit reached such a pitch that it is reported he emptied the Court
of suitors, the attorneys ceasing to enter cases for trial so long
as he occupied the Bench. When Chief Justice Hulme was
suspended, it was said to be a public calamity, and no doubt in
many ways this proved to have been so . Many are the cases,
Unfitted civil and criminal , in which it is shown that Mr. Campbell was
for his
position. quite unfitted for the high position which had been thrust upon
him. Without going minutely into the reasons of what was
called " the iniquitous decision of an iniquitous tribunal, " it
will suffice to mention two cases which have before been dwelt
Sir John upon in this work and which, it was said, Sir John Davis was
Davis
interested personally interested in seeing his own nominee, dispose of.
in Mr. The first related to the suit against Mr. Hillier who, when acting
Campbell.
The case Chief Magistrate, surrendered two Portuguese to the Macao
against Mr. Government without trial, in opposition to the English laws
Hillier.
upon the subject, on receiving a written order from Sir John
Davis, and though the consequences might not legally have
affected the ex- Governor, still in honour he was bound to
relieve the submissive Magistrate who had sacrificed the inde-
The case pendence of the Bench at his command . The second case
against Mr.
Tarrant, was that of the Queen against Tarrant, upon which was
Major staked the reputation of Major Caine, the Colonial Secre-
Caine's
reputation tary, one of the three who voted for the suspension of Mr.
at stake. Hulme and also one of the three who had given evidence against
him. This case had been first postponed owing to the excuse
that a material witness was absent, the acting Attorney- General
promising to bring it on to trial at the December sittings of the
Court. But it was then abandoned § " as Mr. Campbell had been
prosecutor and therefore could not be Judge," though it was
well known that he had sat as Judge in several cases where he
had been employed as Counsel. In the case of the Portuguese ,
as their attorney, did not deem it advisable to bring on the action
General
comments until another Judge had been appointed, Mr. Campbell was
upon Mr. said to have " burked " it. || When acting as Attorney- General,
Campbell Mr. Campbell's sentiments were well known to the Executive
and his
official as to these cases , and he received the appointment of Chief Jus-
career in
Hongkong . tice upon Mr. Hulme's suspension , and although Mr. Sterling,
* "A Pariah practitioner." -The Friend of China, 1855, p. 62 ; " A half-caste bar-
rister."-The Friend of China, 1858, p. 166 ; 1861 , p. 720.
† See Chap. III § III., antè p. 105,
See Chap. VIII § I., p. 159.
Chap. vIII § I., antè P. 170.
Chap. IX., antè p. 193.
MR. CAMPBELL'S CAREER IN HONGKONG . 203
the Attorney- General, should have taken the Bench on his return Chap. X.
to the Colony as he was expected shortly after Mr. Hulme's 1848.
suspension, yet after his arrival he, a barrister of eighteen years'
standing, had practically to make room for Mr. Campbell, a
barrister called in 1844 , and therefore hardly qualified for a
seat on the Bench . The civil jurisdiction of the Court thus
became virtually in abeyance, and it was remarked that when
Sir John Davis appointed Mr. Campbell as acting Chief Justice
he might have locked the door of the Court House and taken
the key away with him. In 1847 , the suits raised before the
Court collectively amounted to $ 200,000 ; and in April , 1848 ,
when the public were so earnest in their request that Mr.
Campbell should resign, $ 700 only had been sued for.
Here then was the cause and effect, people lacking con-
fidence in the Judge, there was for the time being no Court
of Civil Law. His unauthorized interference as acting Chief
Justice went to the extent , that, not satisfied with pronouncing
sentence on the unfortunate people brought before his own tri-
bunal, he took upon himself, as indeed he had done as acting
Attorney-General, to issue peremptory mandates within the
precincts of the Gaol. Amongst other things he ordered that
the Chinese should not only have their tails cut off, but that Mr. Camp-
their crown should also be shaved , so as effectually to prevent bell's order
for cutting
their attaching a false queue, and thus made felons and men con- off ་ tails"
fined for slight offences equally outcasts for life -a subject, it will off shaving
andcrown s
be remembered, mooted by the Select Committee of the House of Chinese
of Commons upon the subject of our commercial relations with heads.
China. This being in direct opposition to Her Majesty's Govern- Governor
ment, of course Mr. Bonham, on the facts being brought to his Bonham
ordered
notice, ordered the practice to be discontinued forthwith, ex- practice to
pressing no little astonishment on hearing that it had been done be discon
tinued .
by orders of the acting Chief Justice.
A number of cases are shown in which Mr. Campbell was occa- bell's Mr. Camp-
sionally taken to task for erroneous decisions. There being no local erroneous
higher judicial power to appeal to, nothing was then left but to decisions.
Re Nun-
submit. In one case, re Nuncheong, heard on the 1st March , 1848 , cheong.
in which application was made to quash a summons, upon Nun-
cheong's attorney, Mr. Parker, appearing to oppose the application ,
the acting Chief Justice is reported to have said that it was ofno
use his opposing as he ( Mr. Campbell ) had made up his mind, and
thereupon called out-" the rule is made absolute, Sir." On
Mr. Parker applying for a copy of the Judge's notes containing
the grounds ofhis dismissal of the summons, the application was
refused, but subsequently a message was conveyed through Mr.
* See antè Chap. VI., p. 131 .
204 HISTORY OF THE LAWS , ETC. , OF HÔNGKONG.
Chap. X. Campbell's clerk " that the Judge took no notes of the case.
1848. These circumstances, it would appear, being laid before Chief
Justice Hulme on the 3rd November, a rule was granted to re-
open and re-hear the former rule dismissing the summons .
Nuncheong . Nor was Mr. Campbell's conduct astonishing, taking his con-
Consul
McGregor. duct as acting Attorney- General especially, as a whole . The party
immediately to be benefited by his action was Mr. McGregor,
the Consul at Canton, but the result eventually was an action
brought by Nuncheong against Mr. McGregor for negligence as
Sheriff under a local Ordinance, in his capacity of Consul.
Judgment in 1849 was allowed to go by default ( Mr. McGre-
gor having long before left the Colony) , the Jury returning a
verdict for $ 3,000 as damages against Mr. McGregor , who was
now sympathized with " for hearkening to the wisdom and
Sir John advice of Sir John Davis' model lawyer, Mr. Charles Molloy
Davis'
model Campbell. " The records do not show that the plaintiff ever
lawyer. recovered the fruits of his judgment. Here then was another
Melanel of proof of the melancholy condition of the Supreme Court during
conditionoly
Supreme the few months it was presided over by a young, petulant bar-
Court as
rister, the necessity for appointing whom , in the absence of Mr.
presided
over by Mr. Sterling at all events , was nevertheless evident, though the cause
Campbell,
was to be deplored which had rendered it a necessity.
Mr. Camp- It is reported of Mr. Campbell that, when acting Attor-
bell as
ney- General, he used to amuse the public by affirming that
Attorney-
General. the Grand Jury, of Hongkong was comprised " in his own little
person " ; and from the Chief Magistrate's Bench where he was
wont to perch himself, he would propound strange doctrines
about contempts of court and his right and determination to ex-
clude the public from the Police Court (which, by- the -bye, it was
said, they virtually already were, on account of the mal- construc-
tion of the office, which made it impossible for any one except
the Magistrate to hear what was going on ) . But apparently
the most extraordinary escapades of Mr. Campbell, as acting
His noc- Attorney- General, were during his nocturnal visits to the Police
turnal
to the visits offices , undertaken, it was understood, " with the view of impress-
Police ing upon the Peelers a notice of his own consequence and of
Offices,
his unlimited authority over them, far surpassing, according to
his own account, that of Superintendent, Magistrate, or Gov-
ernor himself. " These scenes , added the report, would have
afforded materials for an amusing farce, with which the Hong-
kong Theatre might very appropriately have opened .
His depar
ture from As already stated, nothing can be found tracing Mr. Campbell's
Hongkong . movements after the Chief Justice's return to the Colony, and
therefore, as a fitting conclusion to a not altogether creditable
LAND. 205
career, nothing better can be done than to quote a not very Chap. X.
complimentary paragraph which appeared in a local newspaper 1848.
expressive of the view taken of Mr. Campbell's refusal to make
way for Mr. Sterling as acting Chief Justice, on the return of
the latter from leave shortly before the re-assumption of duty
by Chief Justice Hulme, and fittingly describing an anticipated
and by no means regretted departure : -
"What claim had Mr. Campbell on the local Government that he was in The
spite of all retained as its Judge ? He came here a briefless barrister from undisguised
Calcutta after leading the life of an adventurer, and justly considered an act- contempt
of the
ing appointment for eighteen months with £750 a year worth more than all his community.'
fabulous practice at Calcutta would ever have realized him. If incapacity
was a necessary qualification for the Bench with a total absence of decorum,
if these were the ingredients of the Judges who were so much and so justly
admired in England, then the present Bench's incumbent might be retained
until the return of Judge Hulme, when the servile protégé of Sir John Davis
would be obliged to slink from the Colony, having, during his sojourn,
earned the undisguised contempt of the community."
On the 14th July, the Governor returned from his northern Return of
Governor
tour, having been nearly three weeks away. Bonham,
Among the official notifications of the 17th July, was an Land .
extract from a despatch of Earl Grey, Secretary of State for
the Colonies, dated 4th May, 1848 , in reply to the memorial
before alluded to from the residents of the Colony dated the 19th Reply of
Earl Grey
February last,* on the subject of ground rents. Lord Grey to memorial
stated that he could not admit that the memorialists had of residents.
Ground
established any good ground for the reduction they sought . rents.
Mr. Bonham in a despatch to the Secretary of State upon Governor
Bonham's
the subject, dated the 26th August, 1848 , suggested that he
despatch.
Extension
might be authorized to extend the term of tenure from 75 years
of term of
to any other that Her Majesty's Government might approve of.
leases.
He mentioned that at Singapore the term was 999 years, and
that the intention there was to convey to the landholders all
the advantages that attach to a permanent grant, without
saddling them with the inconvenience sometimes attending the
tenure of real property.†
In reply to that despatch, Earl Grey stated (despatch of Earl Grey's
the 4th December, 1848) that, fully appreciating the difficulty reply.
in proposing any plan, short of the actual reduction of the
rents, which would prove entirely satisfactory to the general
body of landowners, he was inclined to concur in the opinion
that to extend the term of the existing leases would be the
Antè Chap. VIII § II. , p. 178.
† See also antè Chap. VII., p. 144.
206 HISTORY OF THE LAWS, ETC. , OF HONGKONG .
Chap. X. most expedient course to adopt . Earl Grey then authorized the
1848. Governor to take the necessary measures for granting these
leases in virtual perpetuity for the term of 999 years , and, as will be
seen later on, steps were taken in that direction on the 3rd March,
1849 , by Government Notification of that date.*
Return of
Mr. Inglis , On the 20th July, Mr. Inglis, the Registrar- General, returned
the from leave and resumed the duties of his office . On the 21st
Registrar-
General, July, just a week after the Governor's return from his trip ,
from leave. a proclamation was published announcing that the three
Victims victims of the infamous Too Apo, formerly a pirate, next
of Too Apo
pardoned. an informer, then a trafficker in human lives, and now a
convict, and who has been so often mentioned before , had
received a free pardon . It will be recollected that Too Apo
had been convicted at the April Criminal Sessions of this
year of extorting money under a threat to charge others with
piracy, and that three of the men, sentenced to transportation
upon his unsupported evidence in January last, were about
Governor to embark by the Mor, but were kept back by the Governor
Bonham
eulogized. that he might inquire into their case. There could not have
been a difference of opinion as to the use the Governor had
made of the high prerogative with which he was entrusted . It
had been the peculiar misfortune of these men that they had
been tried and condemned before Mr. Bonham's arrival, and it
was suggested that, with so indifferent a judicial staff to consult,
Mr. Bonham might hardly have been expected to exercise his
prerogative of pardon against the advice of the then acting Chief
Justice and the Chief Magistrate, however much he may have
doubted its soundness ; but the fact of these men having been
retained in the Colony and Mr. Bonham himself inquiring into
their case, afforded a gratifying proof of Mr. Bonham's desire
to see justice done to the meanest of those placed under his
Another Government . On the 17th August, the Governor granted a free
victim of
Too Apo pardon to another of the unfortunates convicted on the now
pardoned . memorable 24th January of the present year.
Piracy Case On the 29th July, the schooner Spec arrived in Hong-
against
Captain Cole kong under charge of Lieutenant Graham and a prize crew
and crew
of the belonging to H. M. brig Childers . Captain Cole of the Spec
schooner and her crew were handed over to the authorities on a charge of
Spec. piracy. The case attracted much attention at the time, but at
a Sessions of the Vice- Admiralty Court on the 3rd October, the
No true bill. Grand Jury found no true bill against the prisoners, who were
discharged . The case, it would appear , rested mainly upon an
* See Chap . XI., infrà.
† Antè p. 191 .
Antè Chap. VIII § II., p. 174 .
THE ATTORNEYS AND THE COURT FEES . 207
alleged confession of Captain Cole and the statement of a Chap.
-- X.
Chinese witness who had disappeared, and for whose apprehen- 1848.
sion Government had offered a reward of $ 200 .
Mr. Mercer, the Treasurer, who had resigned his temporary Re-appoint-
ment of Mr.
seat in the Legislative Council on the return to the Colony of Mercer as
Chief Justice Hulme, was now again appointed a member of the aofmember
the
said Council and was re- sworn accordingly. Legislative
Council.
On the 7th August, the solicitors and attorneys of the The solicitors
Supreme Court petitioned the Chief Justice on the subject of and neysattor-
the Court Fees, forgetting apparently that the reform asked for petition the
on theJustice
did not so much rest with the Chief Justice as with the Execu- Chief
sub ject of
tive. The following was the petition :- the Court
fees .
Victoria, 7th August, 1848 .
To the Honourable
JOHN WALTER HULME, Esquire,
ChiefJustice of the Supreme Court of Hongkong.
The humble petition of the Solicitors and Attorneys of the Supreme
Court,
Humbly sheweth,—
That we most respectfully call your attention to a circumstance which
has long been felt as a bar to suitors in the Supreme Court obtaining their
just rights by the aid of law, especially to the Chinese and Natives of India,
many of whom have large claims, which they are at present prevented from
bringing into Court by reason of the percentage fee payable on affidavits to
hold to bail, on declaration, and on the judgment pronounced, which is two
per centum for the first one hundred dollars, and one (per cent.) for every
subsequent hundred , of the amount claimed or sought to be recovered ; and
which in many cases acts as a complete barrier to parties obtaining redress .
We may mention in proof of this that there are several parties who have
equitable rights of action upon individuals residing in China, and within the
jurisdiction of the Supreme Court of Hongkong, one of which is for the
recovery of about $ 100,000 . In their case the bill has been already drawn
by counsel nearly two years ago, but as the party is not, through unavoid-
able reverse of circumstances, able to raise a sum of one thousand and one
dollars being the Court fee payable on the filing of this bill, he is completely
shut out of the Court ; while he cannot sue as a pauper, being worth more
than twenty-five dollars , but not able to pay so large a sum as one thousand
dollars .
A few months ago, a Chinese merchant wanted to hold an English mer-
chant (who was going to England by the mail in rather a sudden manner) to
bail, for his debt for goods sold, amounting to seventy thousand dollars. To
do this he would have had to pay a fee of seven hundred and one dollars on
the affidavit to hold to bail, which the party looked upon as in the nature of
Mandarin squeeze, and would not pay ; and, of course, he was deprived of his
remedy and in many similar instances have parties been prevented from
coming into Court. If Your Lordship would take the trouble of looking through
the Table of Court Fees, you would observe that in suits commenced by way
of arrest, this fee of one per centum is paid three several times during a suit,
should it go to trial ; if the suit is commenced by the ordinary writ of summons,
208 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap . X. the fee is paid twice ; while on judgment by default there is no percentage
- fee on signing the final judgment. In small amounts these fees are not con-
1848.
sidered so great a hardship ; but when the amount sought to be recovered is
large, this fee frequently operates almost as a denial of justice.
At present there are many parties who have very large claims on a firm at
Canton, which they do not like to bring into Court on account of this fee.
In one case, writs of summons have issued to the amount of twenty thou-
sand dollars on bills of exchange, and on which the party declined risking
the fee of two hundred dollars for filing the declaration, as he says he may
not get anything by it. Perhaps it might not be out of place to mention
that we have been informed that at the Consular Courts payment of the same
fees as are payable in the Supreme Court are not in all cases paid.
We would also respectfully add, that those fees above alluded to are not known
amongst the fees of Court in England ; and we are not aware of such a fee
being payable in any other of Her Majesty's Colonies, -the fee upon filing
declarations and affidavits to hold to bail in England , and in the Colonies of
Australia and Van Diemen's Land being only one shilling, whatever may be
the amount recovered.
We would therefore humbly suggest a more equitable mode for the collec-
tion of a fee greater in amount, namely , a poundage fee similar to the Sheriff's
in all cases on writs of ca. re. and executions , whether on judgment
by default or otherwise, such fee to be levied by the Sheriff on the amount
recovered.
It is humbly conceived that by abrogating the amount payable in the
initiatory part of proceedings, even a greater revenue would be derived to the
Court than the amount already realized , people generally viewing actions at
law as a species of speculation , and in which, if they succeed , they would not
object paying what might be reasonably demanded for the benefit derived .
These few observations are addressed to Your Lordship actually owing to
the frequent complaints of suitors on this subject ; and to which we most
humbly and respectfully beg to call your attention .
Your petitioners therefore humbly pray Your Lordship's interference in the
matter ; and hope that what is now felt to be a grievance, Your Lordship will
be able to have remedied ; and your petitioners will ever pray, etc.
Fees
The fees complained about had been prescribed by the Re-
prescribed
by Regula gula Generalis of the 1st March, 1847 , before alluded to. *
Generalis.
Inspector On the 31st August, Mr. Thomas Smithers , Inspector of
Smithers
and other Police, was caught in a typhoon while in charge of some Police
Police who had been ordered out in the Police gunboat for a change
drowned.
by the Medical Officer, and, together with his son and a number
of European and native Police, was drowned. By Mr. Smithers'
death, the public lost a most efficient officer whose zeal and ac-
tivity had been only equalled by his experience acquired during
twenty years ' service in the London Police, and who had been
selected from that body, as the most likely man to assist Mr.
May in performing Police duties in Hongkong, in a satisfactory
manner. On this sad occasion the Police lost no less than eight
European and nine other Policemen , Manilamen and Chinese.
* Antè Chap. v. § II., p. 130.
+ See Chap. III. § II., pp. 75, 76.
A FATAL SCRIMMAGE WITH POLICE. 209
Mr. Holdforth, Assistant Magistrate and Sheriff, again came Chap. ― X.
under public notice at this period. In his capacity of Sheriff, it 1848.
was publicly alleged that " for pecuniary consideration " he Further
charges
allowed debtors to go out when and wherever they liked , in the against Mr.
custody of an officer, on the ground that the prisoners being Holdforth,
the Sheriff.
committed to his charge he could of his own accord grant them
any indulgence he pleased . Another charge against him was
that he frequently employed convicts under charge of native
policemen, in clearing, levelling, and carrying earth on his own
private grounds. For some reason not very apparent at this
distance of time, the authorities appear to have turned a deaf ear
to the public remonstrances as to Mr. Holdforth's doings. The
records of 1850 , however, as will be seen later on , show him up
in his proper colours.
Mr. Hulme, the Chief Justice, was providentially saved from Chief Justice
Hulme's
a violent death on Tuesday, the 5th September. In crossing a fall from
bridge on horseback between Victoria and Stanley, the bridge horseback.
broke down , and the Judge had a fall of about thirty feet. Fortu-
nately the fall was broken by a scaffolding put up for repairs,
and though the respected gentleman, says the report , was His popu-
severely bruised, it was gratifying to know that his injuries larity.
were not such " as to endanger a life so valued by his countrymen
in China , " --which in itself shows how popular the Chief Justice
was .
Session of
A Sessions of the Vice- Admiralty Court was held on Tues- the Vice-
Admiralty
day, the 3rd October, when the case of Captain Cole of the Court.
Case against
Spec, previously referred to,† was thrown out. Captain
Cole thrown
On the night of the 15th October, 1848 , as a party of Eng- out.
Police
lishmen in a boat were passing in the harbour, stones were scrimmage
with
thrown from one or two junks, and the water police were sent Chinese
to obtain redress . It seems that it had been a practice among in the
harbour.
thieves in the waters of Hongkong to personate police, and in
that guise to board trading vessels . It was blowing hard ; the
police neared the junks ; many yards from the vessels , in the
dark, amid much confusion of wind and voices , a summons was
shouted , in indifferent Chinese , to the junkmen to admit the
police on board. The Chinese showed fight, and the police Police seek
boats made off to obtain reinforcements from a war-ship . A naval
A assistance.
party was then sent under a naval officer, the junks boarded
by force, when two Chinese were killed , and others taken into
custody. On the way to shore, some of the sailors " exe- Chinese
cuted Lynch law " upon the prisoners by cutting off their killed.
'Tails ' cut
queues . At an inquest held on the bodies, the Chinese pri- off.
* See Chap. VII., p. 150, and Chap. XII., infrà.
↑ Antè p. 206.
210 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. X. soners declared that they mistook the boats which approached
-
1848. them for those of thieves ; and a proclamation by the Governor
was produced directed to masters of trading junks in which it
was declared that " no person except the Harbour Master can
board a junk or vessel without the consent of the master, unless
he is armed with a warrant and accompanied by a constable. "
Verdict at The Jury returned a special verdict with a rider to the effect
inquest.
that the two Chinese died from gun- shot wounds inflicted by
certain seamen and marines unknown acting under orders, but
that the resistance offered " appeared to have been justified " by
the necessity of trading junks protecting themselves from being
boarded by strangers and pretended policemen , which was
tantamount to a verdict of manslaughter ' against the assailants
of the junk. The action of the authorities in this case was after-
Home and wards strongly commented upon by both Indian and Home
Indian
view of the papers, and the suggestion thrown out that " the prisoners ar-
case. rested by the boarding party, and the families of the men killed ,
had a just claim to compensation
99 - a claim no less cognizable by
policy than justice . "
October On the 16th October, the usual Criminal Sessions were held .
Criminal
Sessions. ' There were fifteen cases set down for trial, but none call for
special notice at this distance of time.
Convict Under instructions directed to the Government, dated the
soldiers
28th September, 1848, all British soldiers sentenced by Court-
transported
to Cape of martial to transportation , were ordered to be removed to the
Good Hope. Cape of Good Hope there to undergo their sentences.
On the motion of Mr. Gaskell, attorney for the plaintiffs in
Case of the the case of D'Assis and Pacheco against Hillier, non- suited
Portuguese
against on the 26th April last,* a new trial was granted by Chief
Mr. Hillier. Justice Hulme on Friday, the 24th November. The parties
New trial
granted evidently seemed determined to go on with the case, and from
by Chief the facts reported at the last hearing, it would appear as if
Justice.
the plaintiffs had some reason for suspecting " how far Mr.
Campbell's temporary promotion had been consequent upon an
understanding that this and one or two other cases were to be
disposed of according to the wish of Sir John Davis." Be that
as it may, however, whatever the facts, the parties proved un-
Chief successful in the end upon a point of practice, though Chief
Justice
Hulme Justice Hulme evidently seemed disposed to afford them every
disposed to facility for proceeding with their case. The matter having
grant
plaintiffs caused so much discussion at the time and undoubtedly given
every the authorities some trouble, it may not be out of place to
facility .
Summary of put on record the last phase in connexion with it. On
the Case.
the date fixed , the 13th December, the case came on for trial
before the Chief Justice and a Special Jury. The damages, as
* Antè Chap. IX., p. 183.
CASE OF THE PORTUGUESE AGAINST MR. HILLIER CONcluded . 211
stated before, were laid at $25,000 . After the pleadings had Chap. X,
been opened by the plaintiffs ' advocate, and as he was proceed- 1848.
ing with the case, a question as to whether in point of law the
action was tenable, was raised on the grounds that the statute
had not been complied with, so far as regarded the plaintiffs
not having given notice to the defendant, and commenced their
action within six months after the trespass and false imprison-
ment complained of by the plaintiffs , had been committed , the
Act of Parliament requiring that in cases of actions against Jus-
tices of the Peace and other officers, proceedings should be com-
menced within six months after the cause of action arose. The
plaintiffs ' advocate contended that, although the plaintiff's had been
released from imprisonment at Macao on the 15th September,
1846, in which position they had been placed in consequence of
Mr. Hillier's warrant of arrest , still they were bound over
in heavy recognizances not to quit Macao, until the sentence of
the Supreme Court at Goa regarding their case
known , and that therefore they were under duress and unable to
leave that place to seek legal advice or redress at Hongkong ,
and that they, labouring under such a disability, were entitled to
prosecute their action , notice having been given and the action
commenced within six months after their bonds or recog
nizances had been cancelled and such disability removed .
Notice of action had not been served on the defendant until
September, 1847 .
His Lordship , in delivering judgment, said that on this point Justice's
Chief
he was of opinion that the plaintiff's might have complied with decision.
the statute by sending for their legal adviser to Macao, and
instructing him to proceed with the case earlier than they had
done ; or that they might have appointed some person to com-
municate with him on the subject, and as this had not been
done, His Lordship ruled that in point of law the case could Verdict for
not be carried further, and accordingly instructed the Jury to the
ant, defend-
find a verdict for the defendant, which they did.
The plaintiffs ' advocate then stated that the plaintiff's were
men of high standing and respectability, and that the action
had been brought not as a money - seeking one, but with a view
to the vindication of their reputation from the charge on which
they had been arrested .
The Chief Justice observed that, in his opinion, there was not No imputa-
the least ground for any imputation on the characters of the tion on the
characters
plaintiffs, especially as they had been acquitted from the charge of the
by the sentence of the Supreme Court at Goa . Thus ended a plaintiffs.
case that had been pretty freely discussed in Hongkong during
the last two years.
212 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. X. At the last Criminal Sessions, a Chinese woman named
1848. Aho, alias Mrs. McSwyney, charged with larceny, was dis-
Mr. Mc- charged by proclamation, the Attorney- General declining to
Swyney
and his proceed with the case. It would appear that this woman
Chinese was in reality the wife of Mr. McSwyney, alternately Deputy
wife Aho.
Registrar of the Supreme Court, Solicitor, and Coroner. It
will be remembered that his conspicuous incapacity had caused
the Government to ' relieve ' him of the Coronership in Novem-
ber, 1846 , and now his ' little knowledge of law ' had further
proved dangerous to him, and caused him to be duped into a
strange matrimonial entanglement, a farce, it was said, to wind
up what, in theatrical language, was styled " the heavy business
and which was further illustrative of the " marriage of lawyers '
How he was
in China. Mr. McSwyney, it appeared, had formed an acquaint-
duped into
marrying ance with a woman named Aho, representing herself to be the
her. widow of a Fokien merchant, who at his death bequeathed her
some household property in Canton , which, if McSwyney mar-
ried her, she would make over to him. To this he consented ,
and after signing the customary Chinese marriage documents ,
accompanied his wife to Canton , where she introduced him to a
man calling himself her brother, and who stated he was an
extensive tea - dealer, and further that he would be happy to
give his English brother-in-law the entire management of the
shipping of his teas. A large house was also pointed out as
the property of the woman . Mr. McSwyney was delighted
and returned to Hongkong, where , it is said, in the exuberance
of his spirits, he presented his wife with a great many presents
consisting of dresses , trinkets , etc. As the period approached
when the rents were said to be coming due, Mr. McSwyney
left for Canton ; but, on presenting himself at the Hong
with the receipts for the rent , was not a little astonished to
learn that he had been completely duped, and that nothing
was known about the woman Aho, or her pretended brother, the
He ill-treats tea merchant. Mr. McSwyney thereupon returned to Hong-
his wife
and turns kong quite crest-fallen , and avenged himself by mal- treating his
her out of wife and turning her out of doors . Some days after he appear-
doors.
He charges ed at the Police Station and lodged a charge against her and
her with his servants, for stealing several articles from his house. The
larceny.
woman was apprehended and taken before Mr. Hillier, the Chief
Magistrate, and, on being questioned , acknowledged that several
of the articles were in her possession , but that they consisted of
presents which her husband ( McSwyney ) had given her previous
to his last visit to Canton. There were some English shirt
studs amongst them which the Magistrate remarked could never
See antè Chap. III § II. , p. 82.
† Antè Chap. 1 § 11., p. 97.
‡ Id. , p. 114.
A RETROSPECT OF 1848 . 213
have formed part of a Chinese woman's costume, but Aho Chap. X.
explained that in the evenings she used to dress as a European -1848.
and walk out with her husband . The Magistrate, evidently Mr. Hillier
doubtful
doubtful of his own law, directed that she should find bail for his law,
her appearance " to answer any charge that might be brought leaves matter
against her by the Attorney- General." Mrs. McSwyney, not tothe
being able to find security, was therefore detained in prison until Attorney.
General.
the Sessions before last, when she was discharged from custody Mr. Ster-
by proclamation.. Mr. Sterling, the Attorney-General, consi- ling's views.
Mrs. Mc-
dered there was no case to go to trial, holding that Aho was Swyney is
really the wife of McSwyney, having been married in the usual discharged
by proclama.
Chinese form, and never divorced . tion.
Early in December, Mr. N. D'E. Parker, the Coroner, Resignation
of Mr. N.
who had succeeded Mr. McSwyney, resigned office , and D'E . Parker
the Government thereupon appointed 99 Messrs . Hillier and as Coroner.
Messrs.
Holdforth to act as " Joint - Coroners- a peculiar appoint- Hillier and
ment which raised the question whether they were to act 'Joint-
Holdforth
"jointly or severally." On the morning of the 28th Decem- Coroners."
ber, a few minutes after 8 o'clock, the convict Mo Yeen , found Execution
of Mo Yeen
guilty at the Criminal Sessions held on the 15th Decem- for murder
ber, of a murder committed in November, 1845 , when his committed
in November,
accomplice was found guilty and hanged, * was executed at 1845.
West Point. The prisoner had escaped to Canton and only How hiswas
capture
returned to Hongkong in October last. He was recognized by effected .
Mr. Caldwell, the Assistant Superintendent of Police, who saw
him in a barber's shop as he was passing, and took him into
custody. He walked to the scaffold with the utmost coolness His indif-
ference on
and appeared perfectly indifferent to the awful death awaiting the scaffold.
him.
Only two Ordinances were passed during the year 1848. Judicial
features
As seen, therefore, Mr. Bonham preferred abiding his time by 16.
looking round and studying the requirements of the place rather
than plunge himself into a system of hasty legislation so often
detrimental to the best interests of a Colony, with no alternative
afterwards but to repeal or revoke. The arrival of Major- General
Staveley, followed by that of Mr. Bonham as Governor, and the
departure of Major - General D'Aguilar, Governor Davis, Mr.
Consul McGregor, and the reinstatement of Chief Justice Hulme,
all prominent men, are features intimately associated with the
Colony and its judicial affairs during the year under consideration .
Nor will the incidents connected with Mr. Campbell's short and
extraordinary career as an acting high official, followed by his
hasty departure, be found less worthy of record ; without
* See antè Chap. III § III., p. 90.
214 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap, X. omitting also the conviction of the notorious pirate and infamous
1848. Too Apo, in whom the authorities and the public seemed ap
parently to have placed implicit confidence, till found out, -
with what result of suffering and injustice this world will never
know.
215
CHAPTER XI.
1849 .
Public meetings regarding the position and prospects of the Colony.- Lord Grey's des-
patch referred to.- Popular representation.- The Supreme Court.-Expenses under the
Treaty unfair to the Colony.- Mr. N. D'E. Parker and the complaint as to Attorneys'
charges. Mr. Gaskell and the fees of Court. - No love for litigation.- Cost of law pro-
ceedings. - Meeting adjourns. - Hongkong only Crown Colony wherein principle of repre-
sentation not recognized. -System of representation asked for.-The Supreme Court and
legal expenses. -Heavy bills of costs against Chinese. - No wrong implied to the Supreme
Court.--The first six Attorneys of the Court in Hongkong. - The two Attorneys still in
practice. -Chinese less partial to litigation.-Fees in the Supreme Court considered enorm.
ous.--Justice in England -In Hongkong. -Attorneys' bills subject to taxation. - Aboli-
tion of Supreme Court not aimed at. Mr. Campbell " a puppet whose malice checked by
imbecility."-Interference of Sir John Davis with the administration of justice.- Gov-
ernor Bonham and Lay Judges.-The tone of public opinion at the time of the Chief
Justice's suspension. Mr. Campbell the " vicious tool." Permanent maintenance of the
Supreme Court desired.--Escape of Chinese transported convicts at Penang.- Judicial
revenue and expenditure.- How Mr. Campbell increased the revenue.- The adjourned
public meeting. A short Code for the more convenient administration of justice.--Ex-
tension of the Summary Jurisdiction of the Supreme Court. - Compliment to Chief Justice
Hulme.- Public representation in the Legislative Council. -Forms and Fees in the
Supreme Court. - Mr. Parker upon the want of interpreters in the Supreme Court.-- Dis-
graceful state of affairs.- Memorial settled.-Comments.-The memorial sent Home.-
Publication of Draft Ordinances. -An Ordinance to repeal Ordinance No. 6 of 1847.--A
departure. The liberality of Mr. Bonham.- Drafts of Ordinances regularly published.-
Bulk of Criminal Cases to be tried in Police Court.—Considerable alarm and disapproval.
-Ordinance No. 6 of 1847.-Nefarious attempts to interfere with the administration of
justice. No insinuation against Mr. Hillier, though no confidence in him --Guided by
the Executive. Public excluded from the Police Court.- Discreditable opinion held of
Mr. Hillier.--Reforms asked for in the Police Court. -Objectionable portions of the Bill.
-Power of appeal to Supreme Court withheld.- Ordinance No. 6 of 1847, s. 7. - Sir
John Davis and Consular decisions.-The intent of the proposed measure.- Chief Justice
Hulme had never complained. -Confidence of community in him.- Drudgery of a small
debt Court imposed on the Chief Justice.The Chief Justice and the proposed Ordinance.
-Points brought out in the proposed Ordinance. -Tenders for passages for convicts to the
Cape of Good Hope and Penang.- February Criminal Sessions. - Dr. Bowring appointed
British Consul at Canton in the place of Mr. McGregor. -His previous career. - Murder of
Captain Da Costa, B.E., and of Lieutenant Dwyer, Ceylon Rifle Regiment, at Wong-ma-kok.
-They had had a champagne tiffin.— The Chinese evidence as to the murder.-Taking li
berties.-The Chinese outlaw and pirate Chui Apo.- The officers hotly pressed and over-
powered.-Their bodies hurled into the sea. -Action of the authorities.The Police and
military scour the island. -H.M.S. Fury. - Body of Captain Da Costa found. -Arrests.- The
sad tale.-The inquest.--Verdict of the Jury. Wilful murder against Chui Apo and others.→→
Suspects discharged.—Government rewards.- Body of Lieutenant Dwyer never recovered.
-Funeral of Captain Da Costa.-Appointments of Justices of the Peace.- Probable reason .
-Petty Sessions Ordinance No. 1 of 1849 passed by the Legislature. -The Ordinance
modified to meet public wishes.- Calculated to be useful. -Presence of Justices of the
Peace provided for.-Police Court remained unaltered. -Mr. Hillier discharging duties
devolving upon the Chief Justice and a Jury.- More Justices of the Peace. - No
dearth of Justices.-Ordinance No. 6 of 1862. -Sittings at Nisi Prius. -Auction duty abo.
lished and licences granted.-Land. Extension of terms of Crown Leases.-First sitting
of Court of Petty Sessions. - Meeting of China Branch of Royal Asiatic Society in the
Supreme Court.--Ground floor of Supreme Court also used as a church.--Room used as
vestry set apart for the Society.-Draft of Ordinance to amend Ordinance No. 9 of 1845,
relating to the Summary Jurisdiction of the Supreme Court, published .--Chief objection
to the extension of Summary Jurisdiction.-- Mr. Campbell still on the public mind.—
Mr. Hawes, M.P., on the average disallowance of Colonial Acts. -Elected legislatures and
elements of representation.- Materials for popular representation .- Different condition of
affairs in Hongkong.--The objections to the extension of the Summary Jurisdiction of the
Court.- Sir John Davis and Mr. Campbell in view still.- Section 5 of the Draft Ordinance.
216 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XI. Power to employ ' friend or agent ' to conduct a suit.--The Attorneys.-Attorneys neces-
sary evils.--Rules of practice and procedure simplified.- Effect of possible reforms.--No
1849. permanent interpreter attached to the Court.-The evils of such a system.-Arrival of
Dr. Bowring, Her Majesty's Consul at Canton.- Notification of his assumption of duty.-
Mr. Mercer appointed to a seat on the Legislative Council. -Accommodation in the
Police Court. -The reporters and acoustic arrangements. - Inconvenient situation of the
Police Court.- The Supreme Court Building and its utilization as a Police Court as well.
-The ground floor considered fit for a Police Court.- The ground floor of the Supreme
Court, how utilized then.- Police Court was never removed from its site.-April Criminal
Sessions. One sentence of death commuted . -Ordinance No. 3 of 1849, to extend the
Summary Jurisdiction of the Supreme Court, is passed. -Governor's regard for public
opinion. Obnoxious part referring to actions for damages repealed . -Actions for libel,
slander. and assault left to the Jury. -Constitutional protection.- Simple questions of
debt. Ordinance an acquisition . -Governor Bonham, a good common lawyer. -Odium at-
taching to unconstitutional legislation. Moderate schedule of Attorneys' fees. -Necessity
for attorneys.-A lawyer's education. -Attorneys' bills and the taxing officer.-April
Sessions of the Admiralty Court. - Piracy in neighbouring waters. -Capture of pirates by
H.M.S. Inflexible. - Nine committed for trial. - Earl Grey's reply to Mr. Tarrant. Poor
compensation. - Pretext for getting rid of him.-Prediction he would be got rid of for
being more honest than politic .' His case. -Secretary of State's decision. The back pay
allowed him.-Acknowledgment of injustice. Public indignation. - Opinion as to the
Governors of the Colonies. -Mr. Tarrant's case fully investigated in Major Caine's action
for libel against him.- May Sessions of the Admiralty Court. -Six pirates captured by
H.M.S. Inflexible sentenced to death. - They attempt suicide in gaol. -Their tails ' are
cut off.-Dreadful execution. -An American executioner. -Complaints against Marine
Magistrate. -Port a bad name among shipmasters - Mr. Pedder's threefold duties.-
Government reform asked for.--No improvement yet visible in the administration of
justice in the Inferior Courts.-Fresh list of Justices of the Peace. List summarized.-
Police Court still under control of Executive.--Court of Petty Sessions an encroachment
on the Supreme Court.--Police Court of Hongkong a disgrace .--Justices of the Peace wait
on the Governor. Their demands and grievances.-The result.-What their privileges
amounted to. -Justice in Hongkong manacled .- Mr. Inglis resigns the Registrar-General-
ship. Why he resigned.-Parliament and Colonial Retrenchment.-Macao and the case of
Mr. Summers and Captain Keppel . Portuguese religious observance. -Mr. Summers met
a religious procession and refused to uncover himself.-His arrest. -Left to abide the
decision of the judicial authorities.-Removed to the Common Gaol. - His appeal. - Cap-
tain Keppel's action to secure Mr. Summers' release. -The prisoner's release refused.—
Released by Captain Keppel. - Fire-arms used . - The victims. -The unfortunate loss of life.
-The facts discussed. - Festival of Corpus Christi and Mr. Summers' behaviour.- The
Portuguese tenure of Macao questioned again.- Mr. Summers amenable to jurisdiction of
the Hongkong authorities.- Governor of Macao and the rights of a British subject.-
Captain Keppel's resolution.-The Governor of Macao and the course of law ' in a Por-
tuguese Colony. - British subjects dying in Macao Gaol. -After releasing Mr. Summers the
Meander gets up a regatta.-The indignation of the Governor of Macao. -A public fune
ral proclaimed for the deceased soldier. - The Portuguese Government request ambassador
in London to ask for satisfaction. -The Portuguese condemned Governor of Macao's action
in detaining Mr. Summers. - British residents in Portugal disapproved of Mr. Summers' con-
duct. -Lord Palmerston's despatch deemed unsatisfactory by Portugal. -The Portuguese
sensitive over Lord Palmerston's endeavour to establish the right of jurisdiction ofthe Eng-
lish Government over British subjects in Macao. - Speech of the Queen of Portugal in opening
Parliament.--Contradictory versions as to the nature of the satisfaction ' given to Portu-
gal. The satisfaction given by England.- The foolish lad Summers. --His return to Hong-
kong.- Death of Collins, the Gaoler.- Mr. N. D'E. Parker, solicitor, and 29 Chinese
arraigned for piracy.-The facts.-The case is dismissed.- Facts not creditable to Mr.
Parker.- Affair created a sensation. -Affair had an ugly aspect. - Constitution of Police
Court criticized . Mr. Parker explains.- Mr. Wm. D'E. Parker admitted a solicitor.--Con-
vict soldiers transported to Cape of Good Hope or Van Diemen's Land. -July Criminal
Sessions. Conviction of Moggle-John, Police Constable and Hangman, for larceny. - Petty
Sessions Ordinance No. 1 of 1849 confirmed. -The first Ordinance of which draft sub-
mitted to the public.-Robertson v. McSwyney. Cum Cheong . McSwyney. - Chief
Justice Hulme holds Macao not within jurisdiction of Hongkong.-Macao again.-- Act
12 and 13 Vict., c. 96. Extraordinary conduct of Mr. Carter, a J.P., in reference to his
debtor, Mr. Marques.-He takes forcible possession of goods - Mr. Marques prosecutes Mr.
Carter. Defendant discharged.-- Mr. Hillier's decision correct.- Opinion of eminent
counsel taken at Home.-Sessions of the Vice-Admiralty Court. First appearance of Major
Caine on the Bench since reinstatement of Chief Justice - The injury Major Caine had
done to the Chief Justice. -The cases tried. - Case of Captain Langley, of the Sea Gulf, for
shooting at his crew.-Prisoners sentenced to death for piracy. - Mr. McSwyney, an insol-
vent debtor.- His discharge opposed .- His atrocious conduct when a solicitor.-The
Chief Justice's animadversion thereon.- Insolvent's schedule a tissue of perjury.- Com-
mitted for twelve months.-Mr. McSwyney's death and career set out.-The Police and its
constitution.- The Chinese in the Force corrupt. - Treatment of persons arrested.-No
interpreters.--Grave injury.- The liberty of the subject.-The ' Branding ' and Registra
PUBLIC MEETING ON LOCAL GRIEVANCES. 217
tion Ordinances (Nos. 1 and 12 of 1845, and 7 of 1846 ) dreaded by Chinese. - The Registra
tion Ordinance in abeyance.--Forbearance to the Chinese. -Departure of Mr. N. D'E.
Parker. Mr. N. D'E. Parker's death and career.-Departure on leave of Dr. Gutzlaff, the
Government Chinese Secretary.-His career. -Morrison and Thom.- Mrs. Sterling goes
Home. -Chief Justice Hulme robbed of his gold snuff-box.-His private watchman and a
Constable committed for trial. - Handing over of Chinese suspects to the Chinese Author-
ities.-Unconstitutional stretches of power.- Lord Grey's reply to memorial of residents.-
The propositions how dealt with. -Reduction of ground rents negatived .-The reduction
of colonial expenditure. - Popular Municipal Government.--The simplification, etc., of
legal procedure.-Ordinance No. 1 of 1849. - Safeguards of English law. --Fees in the
Supreme Court not exorbitant.--The charges of legal practitioners. -Commercial rela-
tions with China. -Bounty-money.-October Criminal Sessions.--Ordinance No. 3 of
1849, extending summary jurisdiction of the Supreme Court, confirmed .---General
satisfaction. -Convicts transported to Penang.-Death of Rear-Admiral Sir Francis
Collier while staying with the Chief Justice. -The Navy and the suppression of
piracy. The pirate Chui Apo and the murder of Captain Da Costa and Lieutenant
Dwyer.- Chui Apo's influence. -Chui Apo in command of a fleet. -Ineffectual attempt
to capture him.- British Plenipotentiary asserts capture of Chui Apo main reason for
continuing expedition. - The handing over of Chinese suspects to their Government
engages attention of Executive.--The illegality of the procedure.- Ordinance No. 2 of
1850.-First admission of unofficial members to the Legislative Council. - Messrs. D.
Jardine and J. F. Edger elected by the Justices of the Peace. -Municipal question not
gone into.- The Governor submits the names to the Secretary of State for approval.- The
necessity for this questioned.-Lord Grey's approval. -The despatch kept secret.- Prize-
money.-Flaws in indictment. Escape of the guilty.- Burke and Newton, -larceny on the
high seas. -Their conviction.-The Queen v. Leaong Lao Tong. The prisoner, although
guilty, escapes. Charge wrongly laid.-The prisoner astonished at being discharged.-A
dangerous and prosperous thief.--He is found as a spectator in Court next day. - Com-
ments upon local judicatory.-Carelessness in getting up cases.--Cases breaking down
through flaws.-The working of our institutions a mockery of justice. -English criminal law
as regards Chinese offenders.-Ordinance No. 1 of 1850. - Successful suppression of piracy
bythe Navy.-Squadron commanded by Chui Apo destroyed.- The pirate fleet of Shap Ng
Tsai destroyed in the Gulf of Tonquin.- The most formidable confederacy ever known
annihilated. -Chinese Commissioner Su.-Mr. Tarrant asks Government to take steps
consequent upon return of Major Caine's compradore . -The Governor's reply.-- December
Criminal Sessions.--Trial of Martinho and Los Santos for stealing the Chief Justice's
snuff-box.--Mr. Sterling tries the case.-The evidence of Chief Justice Hulme. - Con-
viction and sentence.-- Scale of Fees in proceedings before Justices of the Pence. -Land.
Committee appointed to report upon landed tenure.- Historical sketch of first land
sales.-Year 1849 one of the most eventful since cession of the island. - The expenditure
of Hongkong.-The revenue.- The population.-- Recapitulation. - Splendid services of
the Navy. Chap . XI.
On the 4th January several of the mercantile firms requested Public
the Sheriff to call a meeting of the residents " to afford them the meetings
regarding
opportunity of stating their views as to the position and pro- the position
and prospects
spects of the Colony and of adopting measures for again bringing and
the subject to the notice of Her Majesty's Government, " and in Colony.
accordance with the requisition a public meeting was held on
Wednesday, 10th January, at the Oriental Bank. The despatch Lord Grey's
*
from Lord Grey mentioned in July last, in answer to the despatch
referred to.
memorial from the residents which had been sent in February,
was read. Drafts of a letter to the Governor and of a memorial
to the House of Commons were then submitted . Paragraph 7 Popular
of the latter related, inter alia, to popular representation in the representa-
tion.
Legislative Council and read as follows : -
7. " Your petitioners urgently pray the attention of Your Honourable
House to the recommendations of the Select Committee in their Report.......
That a share in the administration of the ordinary and local affairs of the
island should be given by some system of Municipal Government to the
British Residents .
* Antè p. 205.
218 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap . XI . That some short code should be drawn up for the more convenient admi-
- nistration of justice."
1849.
The Supreme
Court. The next paragraph referred absolutely to the Supreme
Court and was in condemnation of the fees charged , ofexcessive
attorney's costs, and of the necessity for the employment of
attorneys. It stood as follows : -
8. "Your petitioners cannot too strongly express their conviction of the
bad moral effect produced in the minds of the Chinese by the present system
adopted in the Supreme Court, whereby the ends of justice are too often
frustrated, and parties seeking redress are obliged to call in the assistance, in
civil suits, of attorneys, whose charges are excessive, but whose services
are rendered necessary by forms which none but an attorney understands ;
whereas these, in the opinion of your petitioners, should be so simple as to
admit of any one pleading his own cause.'
Expenses A previous paragraph, the fifth, touched upon certain ex-
under the
Treaty penses under the Treaty, which it was considered the Colony
unfair to should not be exclusively charged with, such as related to the
the Colony .
Superintendent of Trade, the Supreme Court, " as well as the
Consular Cases in which the Attorney-General was consulted
at the charge of the Colony."
Mr. N. D'E . Mr. N. D'E. Parker, solicitor, begged to call the attention
Parker
and the of the meeting to an expression in the eighth paragraph, convey-
complaint ing a very sweeping and grievous charge. If it were forwarded
as to
Attorneys' in its present state, it would oblige him and his brother-attorneys
charges . to send a counter -petition, wherein he would state the number
of cases in which the merchants of China had been concerned.
Of the mercantile houses represented at the meeting, two or
three only had brought actions in the Supreme Court. The
immense sums paid into the Treasury as fees of Court, which
appeared in the returns of revenue, showed how little the
attorneys got out of these charges . More than £ 2,000 a year
was derived from this source .
Mr. Gaskell Mr. Gaskell, another solicitor present, said the Court fees
and the
fees of were justly complained of, but the attorneys had nothing to do
Court. with that.
No love for Several of the others seemed disposed to defend the clause as
litigation.
it stood, but one member, professing no particular love for
litigation or attorney's charges, could not help thinking that the
clause might be modified with advantage, and he trusted that
the Committee whose appointment he was about to move would
think so too . The meeting had been assured there was no
intention to impute blame to the head of the law here, but as
Cost of law
proceedings. the clause stood, this was not very clear. With regard to the
cost of law proceedings, it would be well for the meeting to
bear in mind that under the head of " Fees, Fines, and Forfei-
THE SUPREME COURT AND ATTORNEYS' BILLS DISCUSsed . 219
tures," in the revenue returns of Hongkong, appeared a sum Chap. XI.
exceeding £4,000 , being double the Police rate, which , strictly 1849 .
speaking, was the only tax upon the colonists. The meeting Meeting
then adjourned till Friday, the 19th January, at noon , for the adjourns.
purpose of giving sufficient time for consideration of the matters
contained in the draft letter and petition.
The proceedings at this meeting naturally excited much
public attention . There were points in the memorial which
undoubtedly could be adopted and would be productive of much
benefit ; such as, a share in the legislation to be extended to the
residents, a simplified code of legislation , and a reduction in the
fees and charges of the Supreme Court.
This was the only Crown Colony at the time in which the Hongkong
principle of representation had not been recognized . Without only Crown
Colony
a constituency or with one where the great majority cannot wherein
appreciate the privilege, an elective legislature was entirely out principle of
representa-
of the question ; but in other possessions to which the franchise tion not
had not yet been extended , the principle of representation was recognized.
acknowledged by the nomination of some of the most influen-
tial and intelligent members of the community to seats in the
Council. Such a system of representation could be asked for System of
here, and so far from impeding the measures of Government, tion representa-
a few members of Council acting independently would facilitate asked for .
the labour and strengthen the hands of a liberal Executive.
As to matters connected with the Supreme Court, it was The Supreme
necessary to guard against misconstruction. The draft of the Court and
legal
memorial had , to all appearances, been prepared hastily and was expenses.
expressed in such a manner as to lead to the belief that the
Supreme Court was complained of and that it was wished to be
got rid of. A greater mistake could not have existed . The
expenses incurred in recovering a small sum were sometimes
very great, but this arose partly from the rate of fees fixed by
the Legislature. The authority, nay much more, the existence,
of the Court was what no sane man could wish to see inter-
fered with. The heavy bills of costs which had been run up Heavy bills
against Chinese suitors, who, ignorant of the laws and acting againstof costs
upon bad advice, had rushed into litigation when they had no . Chinese.
chance of success, had not been without its ill - effects ; but to
others the language used would imply that there was something No wrong
implied
wrong in the Court itself, an opinion, it was understood , foreign to the
Supreme
to the gentlemen themselves who had drawn up the memorial. Court.
Nor did it exist among the European inhabitants , who knew The first six
that justice was not governed by the opinion of an attorney, Attorneys
nor its length and breadth measured by a bill of costs. Of the ofthe
Court in
six attorneys who had practised their profession in Hongkong Hongkong .
220 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XI. during the last seven years, one had been forbidden to practise
1849. any further ; two were said to have been " notoriously unfit for
The two and
any pursuit requiring judgment and common sense ; "
Attorneys
still in another had been obliged to leave in bad health . Without
practice. charging anything against the two gentlemen who were still
in practice, there had been instances in which ignorant Chinamen
had been urged into Court for the sake of a bill of costs, and
this conviction had gained ground, and the system produced
Chinese less a bad moral effect upon the minds of the Chinese. Certainly, in
partial to
litigation. a great degree the evil had ceased , but the Chinese , profiting by
experience, were getting less partial to litigation. An outline
of the forms of procedure in the Courts , and a brief abstract of the
laws themselves in the Chinese language, was perhaps a desi-
deratum ; but this was a subject for the consideration of the
local Government, and until such a compilation was available,
the Chinese must depend upon the attorneys, and, after all, an
honest lawyer was the best adviser, however much the people
railed against them .
Fees in the The fees in the Supreme Court were also considered enor-
Supreme mous . At a time when every available source was pressed into
Court
considered
enormous. the revenue, justice, of course, had not escaped . In England ,
Justice in cheap and speedy justice had always engaged the attention of the
England. best and wisest of our statesmen, and forms of procedure had been
greatly simplified, expenses reduced, and time especially saved .
In Hong- Hongkong would eventually receive the full benefit of these
kong.
changes, but it could not be expected , surely , that local claims
were individually of sufficient importance to engage the atten-
tion of Parliament for a special Act to be passed altering the
Attorneys' established forms of procedure here ! At all events attorneys'
bills
subject to bills were liable to taxation , and were not a very proper nor yet
taxation.
Abolition dignified subject for a Parliamentary appeal . It was suggested
of Supreme that the abolition of the Supreme Court in a measure had been
Court not aimed at. The Home Government would never have listened
aimed at.
to such a proposition , even if propounded . Lay Judges and
every man his own lawyer " were very pleasant theories , but,
Mr. Camp- in practice, they would be disastrous. In reference to Mr.
bell " a
puppet Campbell, at one time the occupant of the Chief Justiceship of
whose malice the Colony, though it might not be possible again to see the
checked by
imbecility." administration of justice committed to such " a puppet, whose
malice was only checked by his imbecility," still the state in
Interference which the people here found themselves was too monstrous and
of Sir John of too recent a date to be easily forgotten, or to make anyone
Davis
with the
administra. willing to dispense with a Jury in any serious trial . Besides, the
tion of manner in which matters had proceeded in the Chief Magistrate's
justice.
Court, where Sir John Davis openly and unblushingly interfered
with the administration of the law, and the manner in which
AN INDEPENDENT SUPREME COURT INDISPENSABLE . 221
that Court had submitted to his nefarious interference, was a Chap. XI.
pretty good specimen of what might be expected under other 1849.
circumstances. If any such opinion , then, had ever been engen- Governor
Bonham
dered as to the abolition or partial abolition of the Supreme and Lay
Court, an idea probably entertained by Mr. Bonham, the Judges.
Governor, who, as Governor of the Straits Settlements and
President of the then Court of Judicature under the Charter
there, had had some experience of the working of that Court
with a Recorder at Penang going occasionally on circuit to
Singapore and Malacca, where in his absence sat, as Lay Judges,
the Resident Councillors of each Settlement, and of the work-
ing of which the writer knows something , --the people of Hong-
kong should call to remembrance the state of this Colony
before the Supreme Court was established and inquire whether
it was preferable to the existing protection of just and equit-
able laws ? Was there such confidence in the Colonial
Secretary, the Chief Magistrate, and the then members of
the Government as could induce one to prefer their dispensa-
tion of law to that of Chief Justice Hulme ? It was necessary The tone
further to remember the tone of public feeling when the Chief ofpublic
opinion at
Justice was suspended , as was rightly said, "by an iniquitous the time of
tribunal, and a puppet of Government ( Mr. Campbell ) stuck the Justice's
Chief
on the Bench, to whom unnatural incapacity was not the suspension.
greatest objection ." The feeling of indignation with which it Mr. Camp-
was learnt that this " vicious tool " was to be continued on the bell the
"vicious
Bench after the Attorney- General returned to the Colony ; the tool."
gratification experienced when Chief Justice Hulme arrived to
"displace the puppet from a position which he held for months to
his own discredit and the discredit of those who helped him to
his perch," were all events, in connexion with the permanent Permanent
maintenance of the Supreme Court, never to be effaced from maintenance
of the
one's mind. The public, therefore, were invited calmly and Supreme
Court
patiently to consider the documents before them before embody desired .
ing any opinion which the majority of the European inhabitants
did not entertain .
On the evening of the 13th January, eleven of the Chinese Escape of
Chinese
convicts, lately transported to Penang from this Colony, suc- transported
ceeded in ridding themselves of their shackles while bathing at convicts at
a well in the neighbourhood of the Government brick - kilns Penang.
where they had been employed during the day. One of them
attacked the native warder in charge, but the latter proving the
more powerful of the two , kept his hold till assistance arrived.
Of the ten who escaped into the jungle, seven were subsequent-
ly re-captured, but three were, when the news reached Hongkong,
still at liberty, as was likewise another Hongkong convict who
had escaped about three weeks before .
222 HISTORY OF THE LAWS , ETC., OF HONGKONG.
Chap. XI. The official statement of the revenue and expenditure of the
1849. Colony for 1848 was published on the 18th January. On fees ,
Judicial fines, and forfeitures of Courts there was a decrease of no less
revenue and than £ 1,124 . 9s. 43d. since 1847 , in which year, however, the
expenditure.
amount was at its maximum on account of the excessive fines
and exactions in the Police Court, which, with its Chief Ma-
gistrate and Assistant, acting under superior orders , " used to
How Mr. take its cue " during 1847 from Mr. Campbell, the young man
Campbell
increased who then acted as Attorney- General and who made it a boast
the revenue. to the Governor " how he augmented the revenue by that
means. By way of contrast, however, as pointed out before, it
was worthy of note also that during the six months he sub-
sequently presided on the Bench of the Supreme Court, so
little confidence was reposed in him that the whole amount of
fees was less than during one month after he was displaced .
From February to July, 1848 , the fees in the Supreme Court
were £ 169 . 11s. 6d. , while in August alone, after Chief Justice
Hulme had resumed duty, they were £ 174 . 13s. 4d.
The The adjourned public meeting previously referred to was
adjourned
public held according to date, on Friday, the 19th January. The pe-
meeting. tition to the Governor and memorial to the House of Commons
were again brought up for consideration , and , after discussion
and a few amendments, they were both formally adopted . In
paragraph 7, the petitioners urgently prayed the attention of
the House of Commons to the recommendations of the Select
A short
Code for Committee, with special emphasis as to the drawing up of " some
the more short code for the more convenient administration of justice .'
convenient
administra- One member proceeded to suggest a further addition to clause
tion of 7 in reference to a proposed extension of the summary juris-
justice.
Extension diction of the Supreme Court from $ 100 to $ 500, but the sug-
of the gestion was rejected , on the ground " that in the hands of the
Summary
Jurisdiction present Chief Justice there could be no objection to the exten-
of the
sion of authority, but in the event of losing him the propriety
Supreme
Court. of committing such power to any other that might supply his
Compliment
to Chief place was more than doubtful, " -a well - deserved compliment
Justice paid to Chief Justice Hulme.
Hulme.
Public A portion of paragraph 7 in the draft memorial was now in-
representa.
tion corporated in paragraph 8 , which itself stood modified also in
in the
an amended paragraph 9 , these two latter paragraphs then
Legislative
Council, reading as follows :-
As to public representation in the Legislative Council :
8. "Your petitioners further represent that although this Colony has been
established for upwards of seven years, the inhabitants have no share in the
Legislature either by elective representatives or by nominees selected by the
* See antè Chap. IX. , p . 195, and Chap . X. , p. 198.
SUPREME COURT REFORMS AND INTERPRETATION . 223
Governor, a privilege which has not been withheld from any other British Chap. XI.
Colony. "
1849.
And as to the forms and fees in the Supreme Court : Forms and
Fees in the
9. " Your petitioners cannot too strongly express their conviction of the Supreme
bad moral effect produced in the minds of the Chinese by the present system Court.
offorms adopted in the Supreme Court and by the heavy fees authorized to
be levied by the Court, in consequence of which the ends of justice were too
often frustrated -whereas these forms and fees in the opinion of your peti-
tioners should be the simplest and lightest that circumstances will admit of."
Mr. Parker made some remarks upon the want of an inter- Mr. Parker
preter to the Court. In civil cases there was no interpreter. Want of
For the last three months the Chinese had been obliged , he said , interpreters
"to go away without being enabled to enter their cases for the Supreme
want of one, so that the Summary Jurisdiction was in effect Court.
99
closed to them.' In criminal cases , Mr. Caldwell, the Inter-
preter, was also Joint Superintendent of Police " and was very
frequently the principal witness against them." He could
mention a case which had lately occurred in which the person
who was obliged to interpret for the plaintiff was the principal
witness against him. However upright a person might be, the
two offices were incompatible.
This was a disgraceful state of affairs, and one which, it will be Disgraceful
remembered, was touched upon in this work so early as in 1841 state of
affairs.
shortly after the cession ofthe island , * and which makes one wonder
at this advanced period of the Colony how the Court work was
got through ! Mr. Parker, however, having proposed no motion,
the matter was not further discussed . As will be seen even as
late as in December, 1850 , matters in the way of interpretation
had not improved , for on one occasion it will be found recorded
that, at the trial of a case at the Criminal Sessions held on the
16th of that month, a Juryman objected to the interpretation of
one of the interpreters,† good grounds for which undoubtedly
existed, though the juror seems naturally to have hesitated
giving his reasons publicly for objecting. The petition and Memorial
memorial having now been settled , the meeting dissolved . settled.
Both had now been essentially improved, but neither, it was Comments.
considered, had really grappled with the principal hindrances to
the growth of a flourishing native trade, the only one materially
influenced by measures of the local Government. The last
clause of the petition indeed condemned the difficulty and ex-
pense of obtaining justice in the Supreme Court , as if that had
been the only evil felt by the Chinese, or as if the Supreme
Court were the only institution that needed reform so far as
they were concerned . The clause had, in some respects, been
greatly amended, but was still objectionable in attributing the
See Introduction, antè p. 10.
† See Chap. XII., infrà.
224 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XI. present system of forms and fees to the Supreme Court which
-
1849. had no option but to carry out the one and exact the other.
Both were prescribed by the Regula Generalis , which, “ amend-
ed "—that is , with additional forms and heavier fees -purported
to have " passed the Legislative Council of Hongkong the 11th
day of March, 1847." The same power that made the law
could improve it, and without denying that such an improve-
ment might have been called for, it was by no means a subject
proper to be laid before the Imperial Parliament, which, in
modern times especially, did not venture to make laws for the
The memorial local government of Colonies . As the parties were subsequent-
sent Home.
ly apprised , the memorial left by the mail of the 29th January.
Full consideration appeared to have been given by the Home
Government to the subjects mooted, and the result will be
found embodied herein under date of October of this year.
Publication On the 30th, was published the draft of an Ordinance to repeal
of draft
Ordinances. the Ordinance No. 6 of 1847 , which related to an extension of
An Ordi- the summary jurisdiction of Police Magistrates and Justices of
nance to
repeal the Peace. The publication of this draft Ordinance was a de-
Ordinance parture from the course hitherto followed , which had been never
No. 6 of
1847. to publish the Ordinances until after they had passed the Le-
A departure. gislative Council, and this , it was considered, was of good augury
and had presumably been done with the object of enabling the
public to express their views upon the merits of the Ordinance .
Theliberality
of Mr. In any case, however, what was called the " liberality of Mr.
Bonham. Bonham " was greatly appreciated and duly recognized. Be
Draft of
Ordinances that as it may, drafts of Ordinances to be submitted to the
regularly Legislature, appear after this date to have been regularly pub-
published. lished.
Bulk of By the Ordinance under consideration it was proposed to
Criminal
Cases to remove the bulk of the criminal cases from the Supreme Court,
be tried
in Police where they were tried by a Judge and Jury, to the Police
Court. Court where they would be settled by a Magistrate, who was
"not even a lawyer," without a Jury, and that justice might be
placed the more effectually under control, it was enacted by the
13th section that the Magistrate, a mere creature of the Execu-
tive, might discharge, bail , or commit " without taking down in
writing any part of the examination , -a most unconstitutional
and dangerous power making the Magistrate altogether irre-
sponsible for his procedure ." Though the title bore that its
object was to repeal Ordinance No. 6 of 1847 , the Ordinance
was rather, what Sir John Davis would have termed, to " amend "
Ordinance No. 6 , —a great part of which was now re-enacted
without any material alteration. It was, however, worthy of
note, as showing the altered state of public feeling, that while
REFORMS SUGGESTED IN THE POLICE COURT. 225
the former Ordinance scarcely attracted any remarks , the pre- Chap. XI.
sent one had excited considerable alarm and disapproval. In 1849.
1847 the Supreme Court was for some time over-burdened with Considerable
alarm and
most trifling cases, many of them offences against property disapproval .
which could easily have been disposed of by the Magistrates,
but by which the Chief Justice and Juries were detained four or
five days every alternate month. As a remedy against this Ordinance
No. 6 of
evil, Ordinance No. 6 of 1847 was consequently favourably 1847.
received . Since then , so many nefarious attempts had been
made to interfere with the due administration of justice and Nefarious
to convert the Supreme Court into a political engine, -during to interfere
more
the suspension of Chief Justice Hulme the public felt them- with the
administra-
selves so defenceless against the caprice or malice of the man tion of
----
who occupied his place, that, finding the unbending character justice.
of the respected Chief Justice and the incompatibility of the
Court altogether with the purposes to which it was wished to
convert it, it was surmised an attempt was being made to get
rid of it and to substitute something more " pliant " and work-
able in its place ; any measure therefore tending in any way to
interfere with or abridge the privileges of the Supreme Court
naturally and necessarily created the greatest alarm , and this
feeling was in no way diminished by the proposal to transfer
the authority to the Chief Magistrate's Court. There was no No insinua-
tion against
wish to insinuate anything against the uprightness of the official Mr. Hillier,
who held the position of Chief Magistrate, but it was a well- though no
confidence
known fact that he did not possess the confidence of the public. in him.
His readiness to be guided by the will of his superiors, joined by
Guided
the
to the fact of his excluding the public from his Court, had by no Executive.
means counteracted the opinion previously formed of him- excluded
Public
showing the discreditable opinion which the public up to this from the
period even, held of Mr. Hillier, the Chief Magistrate. He did Police
Court.
not possess the requisite legal qualification, nor indeed any legal Discreditable
qualification at all, except such as he had acquired by reading opinion
of Mr. held
since his appointment. Hillier.
In the Police Court, a reformation was required that justice Reforms
asked for
should not be turned from its natural channels nor the laws put inthe
under the administration of uneducated Police Magistrates . If Police
Court.
this draft Ordinance was really to become law, it was a necessity
that Mr. Hillier should be provided for otherwise in the public
service, and a vacancy made for a legally qualified Magistrate. One objection-
of the most objectionable parts of the new draft was , that while able portions
of the Bill.
it extended the Magistrate's power to a higher class of offences,
as well as enlarged the degree of punishment he could inflict,
and left it equally unnecessary that any other should be present Power of
to sanction or modify his decision , it withheld the power of appeal to
226 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XI. appeal to the Supreme Court as contained in Section No. 7 of
1849. Ordinance No. 6 of 1847. This had a most suspicious resem-
Supreme blance to the means by which Sir John Davis withdrew the
Court
withheld, right of appeal from the Consular decisions when he found
Ordinance their irregularities were likely to be made the subject of review
No. 6 of
1847, s. 7. before the Chief Justice. * The intent of the Ordinance, it was
Sir John
Davis and said, was to relieve the Supreme Court where the cases were so
Consular numerous that the Judge could not attend to them . But it was
decisions.
The intent not known that Chief Justice Hulme had ever complained of the
of the labour entailed upon him, and if he was willing to hear all the
proposed
mensure. criminal cases that came before his Court, there could be no
grounds for legislative interference. The community had per-
Chief Justice fect confidence in him ; in the Magistrate, even with his present
Hulme limited
had never powers, they had not that degree of confidence which it
complained . was desirable should exist , and if the Legislature encroached
upon the one Court and granted unconstitutional powers to the
Confidence
of com . other, it required no prophetic vision to predict trouble and
munity vexation. Chief Justice Hulme had already saved the Colony
in him.
the expense of one Court-the Court of Requests- by adjudi-
cating in civil matters where the sum involved did not exceed
$ 100, though there seemed something derogatory in the respect
due to the Chief Justice of the Colony, when he was required to
adjudicate upon the small claims that were brought before him .
aDrudgery
small of In no other Colony was the drudgery of a small debt Court
debt Court imposed upon a Chief Justice ; from this it was reasonable to
imposed conclude that, so far from wishing to be relieved of a portion of
on the
Chief his proper duties, he viewed the Ordinance with abhorrence.
Justice.
The points brought out in the proposed Ordinance were suffi-
The Chief
Justice cient to prove that it violated British law and Colonial legisla-
and the tive power, which latter, harsh as it sometimes was, never
proposed
Ordinance. deprived the Colonists of a privilege dear to every true Eng-
Points lish heart - trial by Jury. This was the very corner-stone of the
brought Constitution, and when displaced, and the Courts, inferior or
out in the
proposed superior, placed under the control of the Executive, British
Ordinance. liberty will have ceased to exist and the mother and mistress
of empires will have reached the last stage of national senility.
Tenders for On the 7th February, under the order of the Home Govern-
passages
for convicts ment alluded to in September last year,† the Governor directed
to the Cape that such British soldiers as had been sentenced to transporta-
of Good
Hope and tion be sent by the first convenient opportunity to the Cape of
Penang. Good Hope there to undergo the punishment to which they had
been sentenced, and on the same date tenders were called for
See antè Chap. VII., p. 137.
† Antè p. 210. See also Chap. XII. § 1., infrà, where it is shown that the Cape Colo
nists disapproved of transportation to their Colony.
DR. BOWRING APPOINTED BRITISH CONSUL AT CANTON. 227
for passages for two European convicts to the Cape and for nine Chap.
- XI.
Asiatics to Penang. 1849.
The Criminal Sessions opened on the 15th February, there February
Criminal
being seventeen cases set down for trial. None of them call for Sessions.
special report at this time.
Intimation now reached the Colony that Dr. Bowring, M.P. appointed
Dr. Bowring
for Bolton, whose name must now be familiar to the reader British
in connexion with motions in Parliament having special re- Consul
Canton at
in
ference to Hongkong or Chinese affairs , had been appointed the place
British Consul at Canton in the place of Mr. McGregor who of Mr.
McGregor.
had left in March , 1848. As Dr. Bowring was well acquainted
with mercantile affairs and had always, in his place in Parlia
ment, taken great interest in Chinese affairs besides being the
advocate of liberal measures, the news of his appointment
was received with satisfaction, As a literary man, Dr. Bowring His previous
held a high rank among what may be termed the useful career.
and practical writers of the day ; his parliamentary career
had been marked by much zeal for the interests of his consti-
tuents and the country at large, and by unceasing assiduity in the
performance of the responsible duties of a legislator. Like all
other prominent public men, Dr. Bowring had his detractors,
and his appointment was commented upon severely in a Home
paper, yclept The Journal of Commerce. It was true that he was
not " versed " in the language of China, but where was the one,
especially in those days, who could be said to be really so in
every sense ? Nor was he practically acquainted with the trade
of the country, but although these were recommendations, they
were by no means absolutely essential, at least until then they
had not been thought so, —as witness all the Consular appoint-
ments, Dr. Bowring was announced to have already left Eng-
land, and his arrival might be looked forward to in March.
He would therefore enter upon office at a time when a man of
good judgment was especially required for the important and
responsible appointment of British Consul at Canton. *
* In the Parliamentary Companion for 1847, the following short biography appears in
reference to Dr. Bowring :--
“John Bowring, LL.D. , (Boltou) , eldest son of Charles Bowring, Esq , of Exeter, whose
family was for many generations connected with the woollen trade of Devonshire, born
1792 ; married in 1816, Maria, daughter of Samuel Lewin, Esq., of Hackney. Has hono-
rary diplomas from the Universities of Holland and Italy ; is a Fellow of the Linnæan
Society of London and Paris, of the Historical Institute of the Scandinavian and Icelandic
Societies, of the Royal Institute of the Netherlands, of the Royal Societies of Hungary and
Copenhagen, of the Frisian, Athenian, and various other Societies ; was for many years
editor of The Westminster Review ; has published a number of works on foreign languages
and literature, on politics and political economy, and translations from several languages.
Dr. Bowring was employed by Earl Grey's Government, with Sir Henry Parnell, in the
investigation of public accounts, and served with Mr. Villiers as Commercial Commissioner
in France, to arrange the basis of a treaty of commerce with that country, Has made
several reports on free trade and public accountancy. Is a Radical Reformer. Unsuccess
fully contested Blackburn in 1832 and 1835, but in the latter year was returned for Kil-
marnock ; had no seat in Parliament from 1837 till 1841 , sine , which date he has sat for
Bolton."
228 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap . XI. A party of four military officers consisting of Captain Da
1849. Costa of the Royal Engineers , Lieutenants Dwyer and Grant-
Murder of ham , and Dr. Tweddle, of the Ceylon Rifle Regiment, set out
Captain Da
Costa, R.E., from their quarters at Stanley about 4 o'clock in the afternoon
and of of Sunday, the 25th February, on a stroll towards the village of
Lieutenant
Dwyer, Wong-ma-kok, situate on the level of a small and high penin-
Ceylon Rifle sula which divides Tytam Bay from Stanley Bay on the southern
Regiment,
at Wong-ma- side of the island, and distant about ten miles from Victoria.
kok.
The party, after proceeding about half a mile towards this
hamlet, separated, Captain Da Costa and Lieutenant Dwyer
continuing their way to the village, where they met their death .
They had As will hereafter be seen, it would appear that Captain Da
had a
champagne Costa and Lieutenants Dwyer and Grantham had a champagne
tiffin. They met at two o'clock,
tiffin in the quarters of Dr. Tweddle.
and, after spending a couple of hours together, the party
broke up for a walk, Captain Da Costa especially being in high
spirits at the prospect of shortly going Home ; but, according to
the evidence of the survivors, none of them were intoxicated,
although the Chinese witnesses at the inquest upon the body
of Captain Da Costa, probably judging by their frolicsomeness ,
asserted that both Captain Da Costa and Lieutenant Dwyer
were drunk.
The Chinese According to the Chinese evidence adduced at the inquest, it
evidence
as to the would appear that the two officers had entered the village
murder. towards dusk " in a state of intoxication " ; that they proceeded
from house to house inquiring for women until they came to
the house of an old man (the last house in the village ) ; that
when they entered , his wife and daughter- in-law were engaged
in cooking ; that " the shorter and stouter of the two " com-
Taking menced by taking liberties with the young girl, and that on
liberties.
being remonstrated with by the old man and his wife, the latter
officer struck them both with his stick with such severity as to
draw blood ; that upon this the old man rushed to the door of
the house and cried out to the neighbours-" Save our lives !
Save our lives !!" -upon which the villagers came and took hold
of the officers by the hand to pull them out of the house, when
the officers resisted and beat them also with their sticks. Upon
The Chinese this, a Chinese outlaw, named Chui Apo, a pirate by profession
outlaw
and pirate upon whose head the Chinese Government had for years set a
Chui Apo. large reward, with his men , rushed in armed with spears and
The officers attacked the officers in the house. The officers upon retreating
hotly
pressed and were hotly pressed by Chui Apo and his spearsmen, overpower-
overpowered. ed, and struck down. After satisfying themselves that their
victims had been sufficiently butchered , they slung the bodies
upon bamboo poles, and, proceeding to the beach to a precipice
called " Bluff-head," hurled them into the sea which washed
its base.
MURDER OF CAPTAIN DA COSTA AND LIEUT. DWYER. 229
As Captain Da Costa and Lieutenant Dwyer had not re- Chap. XI .
turned at three o'clock the next morning, Lieutenant Mac- 1849.
Donald set out with an armed party in search of them, but hurled
Their bodies
discovered no trace of the missing officers. Information was into the sea.
immediately conveyed to the authorities . Messrs. May and Action
of the
Caldwell, of the Police, proceeded to Tytam to make inqui- authorities.
ries, one hundred of the Ceylon Rifles scouring the island The Police
as well, and on the 27th February, H.M.S. Fury went round scour and military
the
to Chuk-chu ( Stanley ) . * At noon on the 26th, no trace of the island.
officers had been discovered, and the village of Wong - ma- kok was H.M.S. Fury.
found deserted . The body of Captain Da Costa was found in the Body of
water on Tuesday evening, the 27th. Six Chinese were appre- Captain Da
Copa found.
hended on suspicion , but they denied all knowledge of the Arrests.
murder. The rest of the sad tale is soon told. The parties appre- The sad tale.
hended were kept separate from the time of their being brought
to Victoria until they were produced at the inquest, and the old The inquest.
man whose head was broken , and who said " he did not run
away because he had done nothing wrong," and who followed
Lieutenant MacDonald to the Barracks and thus became a pri-
soner of his own accord, whilst the young girl who also came
forward voluntarily on the last day of the inquest and who
fled before the tragedy had taken place, could have had no
communication with the other witnesses in the interim. Under
the circumstances the painful fact is forced on one, that by the
exercise of a little tact and prudence, the officers might have
escaped with their lives if not unscathed, even after they had
annoyed the timid girl and struck her father and mother- in-law ,
--their crowning act being to wrench the spear out of Chui
Apo's hand and break it in the attempt to strike a blow at
him when he and others came to order and, if necessary, to
force them out of the village.
The Jury returned a verdict of wilful murder against Chui Verdict of
the Jury.
Apo and several other Chinese . Except Chui Apo, whose wilful
arrest was effected in Canton in February, 1851 , and whose murderagainst
trial will be found reported in March of that year,† no trace was chui Apo
ever found of the others, though it was surmised for a time that and others.
they, as well as Chui Apo himself and his other associates , had
perished in a conflict with one or more of Her Majesty's ships
engaged in attacking a pirate fleet under the command of Chui
Apo. Those arrested on suspicion were discharged . The Suspects
discharged.
Government offered , by a first notification, a reward of £ 100 for Government
the apprehension of any one or more of the parties guilty of the rewards.
murder, and by a subsequent one £ 500, for the apprehension of
So named in 1845 -see antè Chap. 111. § 11., p. 79.
† See Chap. XII. § II., infrà.
230 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XI. Chui Apo and $ 100 for the apprehension of each and every one
1849. of the others named in the verdict of the Coroner's Jury. The
Body of body of Lieutenant Dwyer was never recovered . The funeral
Lieutenant
Dwyer never of Captain Da Costa took place on Thursday afternoon, the 1st
recovered.
Funeral March, being attended by the Governor, the military and naval
of Captain officers including those of the U. S. Ship Preble, the Chief
Da Costa.
Justice, the American Consul, and a large number of the other
inhabitants. Needless to say, that this sad affair was the
talk of Hongkong for a long while and caused no end of a stir
at the time.
Appoint-
ments of On the 27th February, the Government notified that a Com-
Justices of mission of the Peace had been issued nominating fifteen of the
the l'eace.
leading residents of the Colony to be Magistrates and Justices
of the Peace, in addition to those already in the Commission of
Probable
reason. the Peace. The names included the most influential in the
community, and doubtless this was done in anticipation of the
passing of the new Ordinance extending the summary jurisdic
tion of the Police Court, but in reality encroaching upon the
privileges of the Supreme Court on its criminal side.
Petty The Petty Sessions Ordinance No. 1 of 1849 for " the Estab-
Sessions
Ordinance lishment of a Court of Petty Sessions with jurisdiction to deal
No. 1 of
with certain offences," finally passed the Legislative Council on
1849 passed
by the the 22nd February, and came into operation on the 1st March.
Legislature. The Ordinance had undergone several alterations greatly to its
The
Ordinance amelioration, for which much credit was due to the Governor.
modified
to meet If the same course had been adopted with previous enactments
public there would have been but little ground for complaint of the
wishes.
want of representation in the Legislative Council, so long as the
community had had the opportunity of stating their objections
to measures in contemplation , and a desire had existed on the
part of the Governor to consider and adopt amendments that
were suggested in a fair spirit. Taken altogether, the Ordi-
Calculated nance had not only been greatly improved , but was calculated
to be useful to be very useful, provided the Justices acted , despite of little
difficulties , in consideration of the general good that may be
expected from a respectable portion of the community giving
their time and attention to the administration ofjustice , and
that without the assistance of a lawyer to advise with on points
which it was no great disparagement to be imperfectly acquainted
with.
That a reformation was called for in the Police Court
Presence of was very generally admitted , and so far as the Ordinance pro-
Justices of vided or appeared to provide for the presence of Justices of the
the Peace
provided Peace, it was good. But this concession had been coupled with
for. a dangerous encroachment on the old established Courts of Law;
THE COURT OF PETTY SESSIONS. 231
Courts approved of by experience and usually respected by Chap. - XI.
British Colonial legislators. The evil would counterbalance the 1849.
regular attendance of Justices of the Peace even were they to be
present daily, but provision was only made for their attendance
one day in the week (the day the Petty Sessions was held ) and
then their presence was optional. It appeared, therefore, that Police
the Police Magistrate's Court remained unaltered . Five days Court
in the week the Magistrate was to sit alone, having full power unaltered.
to dispose of all cases coming within the jurisdiction of the
Police Court. On the 6th day, he sat as Judge of the Petty
Sessions, and if any of the gentlemen whose names were on the
Commission , chose to be present, well and good ; but if not,
Mr. Hillier individually as Judge of Petty Sessions had been Mr. Hillier
put in possession of certain duties properly devolving upon the discharging
duties
Chief Justice and a Jury. The community, under the circum- devolving
stances, might well have viewed this new Ordinance calmly and upon
Chiefthe
have inquired in what the public had been benefited ? In the Justiceand a Jury.
first place, the Police Court was left precisely as it was ; in the
second, the Supreme Court had been deprived of part of its
natural rights ; and in the third, an irregular ' little Court ' had
been formed where Mr. Hillier occupied the seat of Chief Justice
Hulme ! and where a Jury was represented by a Justice of the
Peace, if one was present ; and if one was not present, Mr.
Hillier was both Judge and Jury !
The Court was to be held once a week - in the draft two days
had been named . A doubtful point was also cleared up—Jus-
tices of the Peace had an equal voice with the Chief Magistrate
in all proceedings before the new Court.
Simultaneously with the publication of the Ordinance, ap- Justices
More of
peared a notification , as stated before, intimating that fifteen the Pence.
gentlemen had been placed in the Commission of the Peace,
in addition to those already in Commission . There was , there- Justices.
No dearth of
fore, no dearth of Justices, and the only course now was, to
wait patiently to see how the scheme would work. As will be
seen hereafter, the Ordinance remained in force until the 22nd Ordinance
No. 6 of
March, 1862 , on the passing of Ordinance No. 6 of that year. 1862.
By a Rule ofCourt, which passed the Legislative Council on the
1st March, it was ordered that in addition to the sittings of the
Supreme Court already established by Rule of Court of Easter
Term, 1847 , for the trial of civil causes and actions , there should
in every year be sittings at Nisi Prius on the 10th day of July Sittings
and following days, and on the 10th October and following at Prius
Nisi.
days .
Some time since, a memorial was forwarded to the Governor Auction
by the auctioneers of the Colony praying for the abolition of duty
* See Vol. II., Chap. XXXVII.
232 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XI. the auction duty levied by section 9 of Ordinance No. 5 of 1845.
1849. The document was sent Home to Earl Grey, and an answer
abolished
and licences was now received leaving the matter entirely to the Governor.
granted. Accordingly, on the 1st March , it was notified that the duty
heretofore levied would be abolished, and henceforth auction
licences granted to applicants on an annual fee of £ 150 , payable
quarterly and in advance.
Land. In accordance with Earl Grey's despatch of the 4th Decem-
ber, 1848 , alluded to in the preceding chapter, * it was noti-
fied , on the 3rd March of the present year, that all Crown
leases heretofore granted for a term of 75 years might be
extended for a further term of 924 years . All tenants of
the Crown who were desirous of availing themselves of the
Extension concession, on application at the Surveyor - General's Office ,
of terms of received the directions necessary to enable them to obtain pro-
Crown
Leases. longation of their respective leases in conformity with the above
instructions . This was a measure which had frequently been
advocated in the belief that it would tend to give Hongkong
property an established and substantial value in the estimation
of the Chinese, into whose hands a great portion of it would
ultimately fall, the European inhabitants being considered
mere birds of passage .
First sitting The first sitting of the new Court of Petty Sessions under
of Court
of Petty the new Ordinance, previously commented upon, was held on
Sessions. Monday, the 5th March. The attendance of Justices was very
large, there being present at one time, besides the Chief Magis-
trate, Mr. Archibald Campbell, Mr. Rickett, Mr. Braine, Mr.
Jones , Mr. Scott, and Mr. Carter. Messrs. Mackean and Lyall
also appeared , but as the Bench was full they went away without
taking their seats. The cases , except one in which twelve
Chinese, belonging to the Triad Secret Society, were charged
with assembling for unlawful purposes, were mostly trumpery
and occupied the Court till past six o'clock in the evening.
Several of the Justices, however, had left before that time,
Messrs . Archibald Campbell, Rickett, and Carter only remaining
at the close of the proceedings. The rotation according to
which the Justices of the Peace were expected to attend the
Petty Sessions held every Monday, at 11 o'clock, was published
shortly after the promulgation of the Ordinance, the list being
prepared from April to December inclusive .
Meeting
of China At a general meeting of the China Branch of the Royal
Branch of
Royal Asiatic Society , held on Tuesday evening, the 6th March, the
Asiatic
postponed election of office -bearers for the current year took
Society
in the place, when a list was unanimously approved of. The treasurer,
Supreme Mr. C. J. F. Stuart, reported that the Governor had been asked
Court.
* Antè P. 205.
BILL TO EXTEND SUMMARY JURISDICTION OF SUPREME COURT. 233
that accommodation might be granted for the Society on the Chap. XI.
street floor of the Supreme Court House, now used as a church 1849.
(pending the opening of St. John's Cathedral ) ; and had great Ground
floor of
pleasure in stating that after consulting Mr. Hulme, the Chief Supreme
Justice, a large room, at present used as a vestry, had been set used asalso
Court
a
apart for the Society. The Secretary was instructed to express church.
to His Excellency the cordial thanks of the Society for so Room used
as vestry
essential a favour, and it was resolved to remove into the new set apart
premises as soon as they were vacated by the church, which for the
Society.
was expected to be before the next general meeting.
On the 14th March , the Governor directed that the draft of a Draft of
proposed Ordinance to amend Ordinance No. 9 of 1845 , entitled to
Ordinance
amend
"An Ordinance to invest the Supreme Court of Hongkong with Ordinance
a Summary Jurisdiction in certain cases," should be published for No. 9of
1845,
general information . At the recent public meeting to consider relating to
the Summary
colonial grievances, a proposal had been made, it will be remem- Jurisdiction
bered, to petition for the extension of the Summary Jurisdiction of the
Supreme
of the Supreme Court from $ 100 to $ 500, but the objections Court,
appeared so strong that the proposal was rejected by a con- published,
siderable majority, the mover himself declining to proceed with
it. It was understood that the suggestion was then made for
the
purpose of ascertaining public opinion on the subject ; and
having been so unequivocally expressed, the proposal might
very fairly have been considered as shelved . Nevertheless ,
within two months , it again appeared before the public in the
more formidable shape of a Draft Ordinance which in its main
provisions would shortly become law. The chief objection to Chief
objection
the extension of Summary Jurisdiction in either the Supreme to the
or the Magistrate's Court apparently lay in the danger which, it extension of
Summary
was considered, would exist in absolute power being conferred Jurisdiction.
upon such men as may be and had been heretofore called upon
to exercise it . The career of a former occupant of the Bench, Mr. Camp-
Mr. Campbell, was still so impressed upon the community, that on e
bellthstill
any proposed measure in connexion with the higher administra- public mind.
tion of the law never failed to throw suspicion upon the
intentions of the Government, composed as was then the so-
called Legislative Council , and to impress the community with
a nervous dread of leaving its jurisdiction without check, even
where no better could be found than attorneys and the common
run of juries ; and as regards the Magistrates, their unfitness
and too ready deference to their superiors, that they could
not be safely entrusted with more extensive powers. If
the community could have had the assurance of able, up-
right, active, and independent men to dispense the laws,
there would have been less to apprehend from the total
* Antè p. 222.
234 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap.
- XI, abrogation of the existing judicial establishments , with all
1849. their lumbering and expensive machinery, than in such cur-
tailments as were now contemplated . But reform should have
begun at the other end if intended to reach it at all, and, until
it did so, a jealous watch had to be kept on every attempt to
remove such restraints on absolute power as existed .
Mr. Hawes, A member of Parliament, Mr. Hawes, had stated in the House
M.P. ,on
average the of Commons recently, that for ten months the average of Colonial
disallowance Acts disallowed was one in ten , and no one could have questioned
of Colonial
Acts. the correctness of his statement. This , however, included
Canada and all the first class Colonies with elective legislatures
Elected
and the elements of representation in large and diversified
legislatures
and elements populations. Canada, Australia, Jamaica and other Colonial
of represen-
tation. possessions had a landed ' aristocracy, ' a commercial ‘ aristo-
cracy, ' a legalaristocracy " and " other aristocracies," not to
speak of an abundant supply of radical reformers in all ranks
Materials of life. With such materials for popular representation , public
for popular
representa- matters could with great safety be left to an elective legislature ;
tion.
Different but widely different was the condition of affairs in Hongkong,
condition of and it was with extreme anxiety that the community viewed the
affairs in
Hongkong. Ordinances which were rapidly wheeled through the Council
The objec Chamber. Admitting then that it was desirable to extend the
tions to the Summary Jurisdiction of the Court, it was still objected that
extension
of the the extraordinary powers granted to the Judge might be the
Summary
Jurisdiction means of introducing a system of great intolerance, but evidently
of the Court. the community had still in view the man who as a puppet of the
Government had been turned into a vicious tool of the Execu-
tive, and at this distance of time even one may well realize
how well founded their fears were. But even then Judges
were not appointed durante bene placito, as the prompt and
splendid victory of Chief Justice Hulme over Sir John Davis
so clearly proved- " the evil that men do lives after them " -
and this it was that had got imbedded into the people's mind here.
Sir John
Davis and Twelve months ago, it was argued , Sir John Davis was Gov.
Mr. Camp ernor, and Mr. Charles Molloy Campbell, acting Chief Justice .
still.in view•
bell Had a law such as was now proposed then existed , the greatest
iniquities would have been perpetrated in the name of Justice.
It was true that without a jury judgments must have been
limited to five hundred dollars, but they would have been
repeated until the aggregate was considerable. Mr. Campbell
had done one paper, says a report, " the honour of threatening
thirteen prosecutions for thirteen alleged libels. " " Had he
been even a very little of a lawyer," continued the report, " he
would have known that only one libel ever appeared in the
columns of the paper so often threatened, and its truth was so
notorious, it was so damnatory of Sir John Davis ' reputation as
ATTORNEYS AND INTERPRETATION IN THE SUPREME COURT. 235
a man of honour, that even he did not dare to drag it into the Chap. XI.
noon- day light of the Supreme Court and have it scrutinized 1849.
and weighed by a jury of his countrymen . He allowed it to
canker on his jaundiced mind, seeking relief for the burden of
hatred and malice which oppressed him , by carrying the war-
fare into private life, maligning a person whom he had not
dared to meet before a fitting tribunal. But enough of a pair
whose names were now introduced by the subject under con-
sideration, but who had passed away like a hideous dream, that
even their whilome parasites were willing to leave them in an
obscurity from which one would not needlessly take the trouble
of dragging them. " For historical purposes this quotation will
be deemed sufficient . Nous avons changé tout cela.
Section 5 ofthe Draft Ordinance gave the power to either party theSection 5 of
Draft
to employ "any friend or agent " to conduct his suit. This provi- Ordinance.
sion had been, doubtless , introduced with the view, if possible, of ploy
Power to em-
'friend
superseding the attorneys of the Court, leaving it nevertheless or agent ' to
optional to employ them under the restriction that should the conduct a
suit.
Court consider that their assistance was not necessary , their The
costs would be disallowed . Taken in connexion with the Attorneys.
grievances regarding attorneys which was mooted at the public
meeting at the commencement of the year, no doubt some
would have had it believed that the machinery of the Supreme
Court could be worked, especially in those days, without the
aid of attorneys, but with a community of whom eight- tenths
could not and one -tenth would not conduct their own causes , Attorneys
necessary
attorneys, it is to be feared , are necessary evils. It is true, evils.
however, that rules of practice and procedure have now-a-
days been enormously simplified and that with perhaps pract
Rulesice
of and
the introduction of English rules into the Colony, the procedure
necessity for the employment of attorneys in cases, on the simplified.
summary side of the Court at all events, might be dispensed Effect of
possible
reforms.
with to a great extent, especially with the aid of an efficient pos
staff of officials in the Registry who could and would render
assistance to parties of every class , but which at the time under
consideration apparently did not exist .
There was no permanent interpreter attached to the Court, No perma-
nent
another subject, it will be recollected , mooted at the adjourned interpreter
public meeting in January last. * A Chinese suitor then, could attached to
the Court.
not and, in fact, was not allowed to take a single step in a civil The evils of
suit without an interpreter, though the Court officers could have system.
such a
had no difficulty in giving directions as to most of the common
preliminary forms, but apparently, from the complaints made,
they did not consider it their duty , and this was another wheel
* Antè p. 223.
236 HISTORY OF THE LAWS , ETC. , OF HONGKONG
Chap.
--- XI. in the judicial machine which required being put in order.
1849. Dr. Bowring, announced in February last, arrived in Hong-
Arrival of
Dr. Bowring, kong on the 19th March, by the P. & O. Steamer Achilles.
Her He thus entered upon the duties of the Consulate at a critical
Majesty's
Consul at time, but he was a man of experience, judgment , and mode-
Canton.
ration which , combined with firmness, were essentials in dealing
with the Chinese. Contrary to expectation , however, he
did not leave immediately for the scenes of his new life, but
remained in Hongkong for three weeks , probably studying
and making himself acquainted with the various and impor-
tant duties he was now called upon to discharge. He proceeded
to Canton in H. M. S. Medea on the 12th April, to assume
charge of the Consulate. Of course, it was quite right that
nothing should be wanting which was calculated to secure respect
to Her Majesty's representative, but it was feared that the moral
effect of a man - of- war upon the Chinese had been impaired by
recent events. The learned gentleman, however, had the satis-
faction of finding matters not quite so bad as they had been
represented, for the commercial guilds, feeling assured from
Governor Bonham's notification published a few days before
Dr. Bowring left, that there was no immediate danger of hostili-
Notification
of his ties , had resolved to resume trade, and on the 16th April the
assumption Government notified that Dr. Bowring had assumed on the
of duty.
13th, the position to which Her Majesty the Queen had been
graciously pleased to appoint him.
Mr. Mercer On the 21st March, the appointment of Mr. Mercer, the
appointed to
a scat on the Treasurer, to a seat in the Legislative Council was duly gazet-
Legislative ted . It will be recollected that , on the suspension of Chief
Council.
Justice Hulme, Mr. Mercer was given his seat in the Legislature *
and not Mr. Campbell, and that, on the reinstatement of the
Chief Justice, Mr. Mercer had to make way for him .†
Accommoda- Complaints were now heard as to the want of proper accommo-
tion in the
Police Court. dation in the Police Court, there being no accommodation at all for
The reporters the reporters. Apart from this, the acoustic arrangements were
and acoustic so bad that it was said " even close to the rails which hedged in
arrange-
ments. Justice," it was impossible to hear distinctly, in consequence of
which the Chief Magistrate was asked not to be alarmed at the
presence of a reporter in his Court, of which, it is said , he went
in dread, for, owing to the great height of the room in propor-
tion to its length and breadth, all sound was lost. It was sug
gested that " a canopy be raised above the Bench, by which
magisterial wisdom would be brought within range of the auri-
cular organs of those who preferred an humble stool on the floor
to an exalted seat above an open sky-light." Unless it was the
* See antè Chap. VIII § I., p. 170.
† Ante Chap. X., p. 199.
SUMMARY JURISDICTION OF THE SUPREME COURT EXTENDED. 237
object of the Government to exclude the public from the Police Chap.
- XI.
Court altogether, it was suggested that the Court should be 1849.
removed to another locality. Apart from its inconvenient Inconvenient
situation , the Court was quite unfit for a public room from its situation
the Policeof
construction . Sir John Davis had purchased a huge stock Court.
of a building ostensibly for the Supreme Court ; more than The
CourtSupreme
one-half of it was unoccupied by that Court. For a moiety Building and
of the purchase money a suitable Court House could have its utilization
as a Police
been built, and some £200 a year ground rent saved to the Court as well.
public purse. However, if Sir John Davis had made a curious
bargain, it was no reason why the most should not have been
made of it, and, as a suitable Police Court was really required,
the dear purchase might have been turned to some account.
The Supreme Court occupied the upper part of the build- The ground
floor
ing ; on the lower floor there were half a dozen fine apart considered fit
ments each fit for a Police Court. One was occupied by for a Police
Court.
the " Asiatic Society " who, it will be remembered , had, at The ground
a meeting held on the 6th March, stated that they had floor of the
Supreme
been granted one of the rooms ; two were occupied as a Court, how
dwelling- house by one of the bailiffs ; one by the coolies at- utilized then.
tached to the Court, and three by the schoolmaster. Such a
building was never intended for such a purpose, and it was
therefore hoped that it would be made available for a Police
Court, where people could hear what was said, and especially
not have to run the risk of a brain fever by toiling up to it
under a tropical sun. " The Police Court, however, was never Police Court
moved from its site, notwithstanding the frequent and just re- wasremoved
ever
presentations made as to its unsuitableness, more especially by from its site.
the deputation of Justices of the l'eace to the Governor as here-
inafter referred to , but remained where it still is, in Wyndham
Street.
At the April Sessions of the Court, held on the 16th April, April
one Hon Arkeun, convicted of burglary and stabbing, was sen- Criminal
Sessions.
tenced to death, but, by proclamation of 3rd May, the sentence One sentence
of death
was commuted to transportation for ten years. commuted.
The Ordinance No. 3 of 1849 , to extend the Summary Juris Ordinance
diction of the Supreme Court, which formed the subject of so No.
1849,3 to
of
* See the speech of acting Chief Justice Snowden, in the Legislative Council on the
13th June, 1881 , upon the subject of the present Supreme Court House, in which he
said, inter alia, that " Sir Thomas Wade had told him that the building was originally
intended for commercial rooms, and that after some time, either the interest in the com-
mercial rooms died out or it was not found suitable, and the Government took over the
building for the purpose." -See Vol. II. of this work, Chap. LXXIII . Further references
as to the Supreme Court House will be found antè Chap. VIII. § II., p. 183, and Chap.
XVII., infrà ; and in Vol. II., Chap. XXXV. (where the thanks of the newly-created Cham-
ber of Commerce are conveyed to the Governor and the Chief Justice for placing a room
in the Court House at the disposal of the Chamber) ; Chap. XXXVI. , XXXVIII ., XXXIX.,
XLV., LII., LXXXIII ., LXXXVII , and LXXXIX.
238 HISTORY OF THE LAWS , ETC., OF HONGKONG.
Chap . XI . much comment when the draft of it was first published ,
1849. passed the Legislative Council on the 19th April, and was ordered
extend the to come into operation on the 1st May. It was only neces-
Summary
Jurisdiction sary to refer to one important amendment and to express satis-
of the faction at the Governor's regard for public opinion in repealing
Supreme
Court, is that obnoxious part of the Ordinance which referred to actions
passed. for damages . These were, as formerly, left to a jury, the only
Governor's
regard for constitutional way of dealing with such cases. The following
public clause had been added to the second section : -
opinion.
Obnoxious
part referring " And that the said Court shall not have cognizance under this Ordinance
to actions for in any case of libel, or slander, or assault, or assault and battery."
damages
repealed.
Actions for All such actions were therefore to be tried by a jury and not
libel, slander, left to the decision of the Judge alone, -a provision the necessity
and assault
left to the for which had become every day more evident. Here a consti-
Jury. tutional protection had been most properly retained ; and in
Constitu
tional its departures from usage in other respects, it was hoped the
protection. Ordinance would be found to work better than was anticipated ,
Simple especially as regards Chinese suitors. In simple questions of
questions of debt, the Ordinance was an acquisition at least to the poorer
debt.
Ordinance an class of suitors. The expenses in the Supreme Court had , it
acquisition. was known, deterred people from suing and defending suits
where the sums in dispute had ranged from one to five hundred
dollars. Law was always uncertain, and prudent men had
abandoned reasonable claims rather than incur the certain ex-
pense of an uncertain verdict. It was hoped that the fears
expressed of further innovations upon the Courts of Justice
would prove groundless .
Governor
Bonham, a Governor Bonham had the reputation of being a good com.
good common mon lawyer, and his attainments were not questioned, but for
lawyer.
his own comfort he was asked to avoid seeking precedents for
Odium at- colonial laws in the territories ofthe East India Company, where
taching to
unconstitu- he had previously served . The odium which attached to uncon
tional
stitutional legislation would rest entirely upon the Governor.
legislation.
Moderate A schedule of fees accompanied the new Ordinance , and
schedule of
Attorneys ' certainly the attorney's fees appeared moderate. Whatever the
fees.
Necessity complaints about attorneys, especially at this time, it is certain
for attorneys. that they could not be dispensed with, and, with that fact
borne in mind, to get respectable men, there must be some
A lawyer's greater inducement than a mere pittance. A lawyer receives
education.
an expensive education , generally many years of manhood are
passed in qualifying him for his profession , and no one with a
knowledge of affairs could appreciate the feeling which would
pare down his remuneration until he could not possibly support
a respectable appearance .
EARL GREY'S REPLY TO MR . TARRANT'S MEMORIAL . 239
99
It is true that attorneys have opportunities of " painting Chap. XI.
their bills of costs, but then the pen of the taxing officer is 1849.
also ever ready to draw harsh lines which destroy the breadth Attorneys'
bills and the
and length of the picture, much to the annoyance of the artist, taxing
and the great relief of the client's cash box, which is not always officer.
over-burdened after litigation . It had not been suggested that
the attorneys in Hongkong were fond of the brush, but only
the check upon such amusements was pointed out, and if people
paid a decorated bill of costs, of course they had but themselves
to blame .
At a Sessions of the Vice- Admiralty Court held on the 25th April
Sessions of
April, the Chief Justice presided , Captain Keppel, of the Maan- the Ad-
der, and Mr. Hillier being also present. The calendar was a miralty
Court.
short one and consisted of the usual cases of robbery and piracy.
Piracies had been very rife again for some time - three Eng- neighbour.
Piracy in
lishmen and one American being murdered on board an English ing waters.
cutter in the Canton river some short time back, whilst a China
cargo boat was boarded and carried off by pirates in the harbour of
Hongkong, and within range of the men-of-war. The neighbour-
ing waters swarmed with pirates, and yet nothing but an occa-
sional and desultory movement was taken to suppress them.
On the 30th April, H.M.S. Inflexible surprised and captured Capture of
pirates by
forty-five pirates at the Great Lema off Tinquæ, several of whom H.M.S.
had taken part in the piracy of a vessel and the murder of the Inflexible.
greater part of the crew, off the Nine Islands on the 19th April.
They were brought in and underwent an examination before the
Magistrate, nine ofthem being eventually committed for trial . The Nine
committed
rest were discharged , it having been found that most of these for trial.
last, so far from belonging to the gang, were prisoners in the hands
of the pirates at the time they were surprised by the Inflexible.
Mr. William Tarrant, whose case has already been referred Earl Grey's
to before, now received an answer to his memorial to Earl Grey. * Tarrant.
Sixteen months had now elapsed since he was virtually declared Poor
innocent by the abandonment of an uncalled -for prosecution , and tion.
compensa.
nearly two years since he was suspended from duty. During
that long term he had been out of employment, with a wife and
family to support. On application to the late Governor, he was Pretext for
told that, on the score of economy, the office of Registrar of Deeds , getting
of him . rid
which he held at the time of his suspension, had been joined to
that of Book-keeper ; but as Mr. Tarrant was the oldest servant
in the Department, he was surely entitled to the joint appoint- Prediction
he would
ment in preference to a comparative stranger. It had been predict- be got rid
ed locally, before Mr. Tarrant's suspension, that for being " more of for
Antè Chap. VIII. § I., p. 170.
† See Chap. VII., p. 143.
240 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap.
- XI. honest than politic " he would " probably enough be rewarded
1849. by the loss of his office or by having such indignities or hard-
being 6 more ship heaped upon him as would compel him to resign. " The
honest than
politic.' prediction had been but too well verified by the result, Mr.
His case. Tarrant having been victimized with cool deliberation. The
charge of conspiracy, it was believed, was got up as an apology
for suspension from duty ; the appointment was joined to
another as an apology for refusing to reinstate him ; and the
claims of six years ' service were set at nought, and a faithful ser-
vant cast aside because, as was stated , he was " more honest than
politic. " It will be remembered that it was after the prosecution
had been abandoned at the Criminal Sessions in December, 1847 ,
that Mr. Tarrant laid his case before Earl Grey. In the multi-
plicity of business in the Colonial Office urgently pressing upon
the officials there, it was not until the April mail of this year that
Secretary of Mr. Tarrant got a reply. The Secretary of State ruled that Mr.
State's
decision. Tarrant should receive his pay from the date of his suspension ,
The back until his office was combined with another- in all about two
pay allowed
him. months. After a vexatious delay of nearly a year and a half,
Acknow
ledgment this was but miserable redress in a pecuniary light ; but as an
of injustice. acknowledgment of the injustice with which he had been treated,
Public it was satisfactory. Severe, but well deserved, were now the
indignation. comments passed upon the responsible authorities for the shabby
treatment meted out to this man. The suspicious element
throughout this matter was the disappearance of Major Caine's
*
compradore, showing the evident guilt of the latter and there-
fore that Mr. Tarrant was at least right in his surmise that he
had practised extortion while using his master's name as
a cloak. " Mr. Tarrant," says a local exponent of public opinion
of the time, " was not the first person who had been victimized
for having had the courage to expose corruption in the Colonies,
Opinion as
to the and there was a possibility of this very case being brought for-
Governors ward in illustration of the abuse of power exhibited in the every-
of the
Colonies. day actions of the Governors of our dependencies . Men barely
fitted for the duties of a Police Magistrate, whom nobody ever
heard of in England, flutter for a few years in obscure nooks in
all the counterfeit dignity of Your Excellency ' ; their vanity is
ministered to by the most contemptible of all parasites , and for-
getting that they do represent Royalty, that it is the Royalty of
England and not of Russia, they are, so far as they may
(though fortunately there are legal boundaries which they can-
not cross ) the veriest little despots in existence. Far be it from
us to assert that all or even the bulk of Governors are such as
we describe, but Mr. Tarrant's treatment is sufficient proof that
* Antè Chap. VII. , pp. 144, 150. See also the end of this chapter, where Mr. Tarrant
asks that steps be taken consequent upon the return of Major Caine's compradore to the
Colony.
" He who flees judgment confesses his guilt."- Co. 3 Inst. 14.
CONVICTION AND EXECUTION OF PIRATES . 241
we have had one such worthless creature in this Colony. The Chap. XI.
very combining of the office of Registrar of Deeds with another 1849.
was an act of low cunning more befitting a Yankee Pedler than
an English gentleman . The duties of Registrar are still per-
formed and must be performed as long as this is a Colony,
though by a person now designated Bookkeeper ! The charge
was brought about to insure Mr. Tarrant's ruin , -had the office
not been nominally abolished , he would now have been rein-
stated and received his full arrears of pay."
As will be seen hereafter, not until September, 1859 , when rant
Mr. 's
Tar-
case
the matter will be found fully noticed, were Mr. Tarrant's case fully
and his grievances fully investigated consequent upon an action ininvestigated
Major
for libel brought against him by Major (then Colonel ) Caine, and Caine's
when Mr. Campbell's report upon his investigations of the libel action for
charges brought against Major Caine's compradore, and hereto- against
him.
fore suppressed , was made public.†
On Saturday, the 26th May, a Sessions of the Court of Admi- of
MaytheSessions
ralty was held for the trial of the pirates captured by H.M.S. Admiralty
Inflexible. The Commissioners present were the Chief Justice, Court.
Major- General Staveley, and Captain Keppel, R.N. A Special
Jury having been empanelled, the Chief Justice addressed them
shortly, and after retiring, they returned with a true bill against
the prisoners . Seven prisoners were placed in the dock , and the
Court then proceeded with the examination of the witnesses .
After the evidence against the prisoners had closed , one was
discharged , there being no evidence against him. The Jury,
without retiring, returned a verdict of guilty against the six
others . The Chief Justice, having consulted with the Com-
missioners , remarked that the atrocious crime of which the pri-
soners had been found guilty upon the clearest evidence was of
such common, he might say daily, occurrence, that the Court
was determined to do its duty in attempting to put a stop to it captured
Six pirates
by
by the infliction of the most severe punishment upon the per- H.M.S
petrators . He then proceeded to pass sentence of death upon Inflexible
sentenced
the prisoners , adding that he could hold out to them no hope of to death.
mercy in this world . After their sentence, the prisoners made They
attempt
repeated attempts to strangle themselves in gaol , and the au- suicide in
thorities were under the necessity of depriving them of their gaol,
tails ' are
tails to prevent them from carrying their purpose into effect . 'Their
On Thursday morning, the 7th June, the six pirates were exe- cut off.
cuted at West Point. As there was barely room on the scaf- Dreadful
execution.
The writer evidently forgot in this case that Major Caine was the moving and inte-
rested spirit, and that Sir John Davis must have acted upon his advice apart from that of
Mr. Campbell, as was stated at the time of the withdrawal of the prosecution. - J.W.' N. K.
† See Chap. XXIX, infrà.
242 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XI. fold for three, the others were taken to the back of the naval
-
1849. stores and kept there till their comrades were cut down, by
which time one fainted , and it was necessary to carry him up to
the hill to the gallows and support him upon it till the bolt was
drawn. During their imprisonment they had been regularly
visited by the Catholic clergy, zealous in the labour of conver-
sion , and they died nominal Christians, and with one exception
as stated above, the criminals showed great firmness on the
An American scaffold . The duty of executioner was entrusted to an American
executioner. whose brother had been killed by pirates some years before.
Complaints Complaints about the Marine Magistracy were now formu
against
Marine lated. It was alleged that while the most frivolous complaints were
Magistrate. listened to, if brought forward by the crew against the masters,
masters could obtain no redress when they complained of riotous
and disorderly seamen. The masters were fined heavily on all
occasions, either for breaches of the harbour regulations or under
the Merchant Shipping Act ; but they were not protected from
the outrages of the men, and consequently discipline was relax-
Port a bad ed and the port had obtained a bad name among shipmasters .
name
among Mr. Pedder acted in a threefold capacity. First, -- he was a
shipmasters, surveyor of shipping ; second, -- Harbour Master : it being his
Mr. Pedder's duty as such to prosecute under the harbour regulations ; and
threefold
duties. third, he was Marine Magistrate, and as such sat as a Judge,
where in his second capacity he was often himself the prosecu-
tor . Any arrangement more objectionable , it was contended,
could not well be imagined . No charges were preferred against
Mr. Pedder particularly, but the system was considered vicious,
though to this day it has undergone but few, if any, changes at
Government all ; it was for Government to satisfy itself where reform could
reform
asked be applied, the whole mercantile community were concerned , and
for. it rested with the Government to do what was needful.
No When Sir John Davis was got rid of, people were sanguine of
improvement
yet visible important changes . As a member of society Mr. Bonham was
in the
administra- vastly superior to his predecessor , and there was consequently a
tion of decided improvement in the social system ; but when this had
justice been said , that was nearly all that could be said , for no im-
in the
Inferior provement or real change was yet visible in the administration
Courts.
of justice in the Inferior Courts. A bonâ fide Police Court
under the control of Justices, the latter having a seat in the
Marine Court as well, and with some control over the Police , was
asked for ; in short until this was allowed , the Justices of the
Peace were not really and truly Justices but mere make-be-
lieves.
Fresh list A fresh list of all the Justices of the Peace in Commission was
of Justices
of the Peace, published on the 16th May. In all they amounted to twenty-
DEPUTATION OF JUSTICES OF THE PEACE TO THE GOVERNOR. 243
five, of which number eight were officials , viz . , the Chief Chap. XI .
Magistrate, the Assistant Magistrate, the Marine Magistrate, 1849.
the Registrar- General, the Superintendent of Police, the Colonial
Secretary, the Colonial Treasurer, and the Secretary to the
Superintendent of Trade. The first two sat on the Bench in
the Police Court three days in the week each ; the third pre-
sided over the Marine Court when a case presented itself, the
fourth, fifth , sixth , seventh, and eighth took no share in the
administration of justice at all , but were only kept in reserve
for emergencies. Of the seventeen non- officials two were in List
England, the others with the Chief Magistrate sat in the Court summarizel ,
of Petty Sessions , but none of them had a voice in the Police Police Court
Court which was really their proper sphere of action . The under
ti
Police Court therefore continued entirely as heretofore, under control of
Executive.
the control of the Executive, the Court of Petty Sessions being Court of
merely an illegal encroachment upon the Supreme Court, and Petty
the prudence of the Justices in sitting in that Court at all was Sessions
encroach-an
seriously questioned ; however, waiving that point, there was ment on the
not a single case brought before the non- official Justices that Supreme
Court.
had not been first heard by the Chief or Assistant Magistrate,
and these gentlemen used their discretion in remitting to the
Petty Sessions or not. Cases which involved inconvenient
inquiries might be disposed of without troubling the Justices.
The system was bad . Notwithstanding the parade of Justices , Police
Court of
the Police Court of Hongkong was essentially a Government Hongkong a
Court, a Court, it was said , suited to the civilization of Turkey disgrace.
or Egypt, but a disgrace so long as it was conducted on its then
footing, and the Justices of the Peace were excluded from it.
A deputation of the Justices waited upon the Governor, in Justices
of the
consequence of strictures which had been passed, to ascertain more Peace wait
clearly the precise nature of their duties, and also to recommend on the
Governor.
the introduction of a tread-mill, publication of a list of Magistrates
in the Chinese language - not one of them had been put in pos- Their
session of a copy of the Commission - and the removal of the demands
and
Police Court to a more central part of the town . * One object grievances .
of the deputation was to ascertain whether the Justices had a
concurrent jurisdiction with the Chief Magistrate in the Police
Court and with the Marine Magistrate in the Marine Court.
They were informed that they might take a seat on the Bench The result .
with the Chief Magistrate, but that they could not interfere with
his decisions ; and that in the Marine Court they had jurisdic-
tion in cases which were not connected with the regulations of
the harbour. All charges against prisoners were laid before
the Chief Magistrate by the Superintendent of Police, and upon
these charges the Chief and Assistant Magistrate adjudicated
* See antè p. 237,
244 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap . XI. alone, the ill- used Justices being graciously permitted to sit on the
1849. Bench and listen ! The privilege amounted to little or nothing,
What their but they at all events being on the Bench could hear what went
privileges
amounted to. on, which they could not do in any other part of the curiously-
constructed Court. What the community required , and wanted
and were entitled to, was one competent Chief Magistrate and
one Bench of Justices - nothing more ; and until these were
Justice in
Hongkong supplied no sophistry could overcome the stubborn fact that,
manacled. in denying this , Justice in Hongkong was manacled .
Mr. Inglis On the 24th May it was notified that the Governor had been
resigns the
Registrar- pleased to accept the resignation tendered by Mr. A. L. Inglis ,
Generalship . of the office of Registrar - General, and that the duties appertain-
ing to that Department would from the end of May be con-
ducted by Mr. Mercer, the Colonial Treasurer, as a temporary
measure. No reason was apparent at the time for this resignation
nor do the records of that time show it. Mr. Inglis, as may be
remembered , first received the appointment of acting Registrar-
General in July, 1845 , * being eventually confirmed in the post
carly in 1847 after the resignation of Mr. Fearon .†
Why he As will be seen hereafter, Mr. Inglis resigned in order to pro-
resigned .
ceed to the gold fields of California . But this venture proving
unprofitable, he returned to Hongkong, and was fortunate enough
to be again taken into the Government service. ‡
Parliament Colonial retrenchment continued to engage the attention of
and Colonial Parliament, Hongkong coming in for some severe comments in
Retrench-
ment. regard to its civil expenditure on the 2nd June.
Macao and An incident which created considerable interest at the time
the case of
Mr. Summers and occasioned some debate at Home occurred in the old Por-
and Captain tuguese Colony of Macao on the 7th June , 1849. The English
Keppel .
Chaplain at Hongkong, the Reverend Vincent Stanton, was at
Portuguese
religious the head of a free- school wherein Mr. James Summers, an
observance . English youth of about eighteen or nineteen years of age, was
an assistant-teacher. On the date above mentioned , Mr. Sum-
mers, for recreation sake, made a short excursion to Macao,
where he landed and walked about the city . In one of the
Mr. Sum- narrow streets , he met a religious procession , before which he
mers met
a religious saw all the people kneeling and making obeisance. Knowing
procession that this ceremony symbolized doctrines from which he dis-
and refused
to uneover sented , Mr. Summers declined to uncover himself, though twice
himself.
summoned so to do, first by one of the officiating priests, and
His arrest. subsequently by a soldier. Upon this he was carried off, though
without violence, to the guard-house, where he remained with-
Left to out having been confronted with any Magistrate for the whole
abide the of the night. The next morning he was informed that the order
See Chap. III. § 11 , p. 86.
Antè Chap. v. § II., p. 127.
See Chap. XVIII., infrà.
THE CASE OF MR . SUMMERS AT MACAO 245
for his arrest being a " Governor's order," no intervention of a Chap. XI.
Magistrate was requisite, but that he would be left to abide the 1849.
formal decision of the judicial authorities . Pending this trial decision
of the
and sentence, he was removed to another lodging which he dis- judicial
covered to be nothing less than the common gaol. The affair authorities.
had now become disagreeable, and Mr. Summers naturally looked Removed
to the
about for the means of his release. He accordingly despatched Common
letters to the American Consul, and to an officer whom he Gaol.
His appeal .
remembered to have been his companion in the boat, begging
their good offices in his trouble, and these he speedily obtained .
The American Consul prudently reserved his own intervention
until the countrymen of the prisoner had done their best,
-a resolution in which he was further warranted by hearing
that the affair had come to the knowledge of Captain Keppel, Captain
commanding H. M. S. Meander, then accidentally lying in the action
es to
Macao Roads. Captain Keppel's proceedings in the matter secure Mr.
Summers'
were sailor - like. He first called upon the Governor, accom- release.
panied by two officers, one of whom was Mr. Summers ' fellow-
passenger, and, after an explanation of the whole affair , requested
the prisoner's release. On being met with a refusal , he sent a The pri-
soner's
formal application in writing to the like effect, and , when no release
better success attended this method of negotiation, he hailed his refused.
boats, mustered the barge's crew, marched quietly to the gaol
under the guns of five forts, and within musket shot of the
Governor's bed -room, and released Mr. Summers from his con- Released
by Captain
finement . Had the affair ended here, it would probably have Keppel.
created no great talk, but unhappily fire-arms were discharged Fire-arms
in the fracas, and a Portuguese soldier named Roque Barrache used.
The victims .
was killed, three others being wounded . Another victim was
the daughter of the gaoler, a young girl named Carvalho, oftwelve
years of age, who, in a state of blind fright, jumped out of a
window twenty feet from the ground and received severe inju-
ries on falling .
This unfortunate loss of life naturally brought under discussion The
unfortunate
the conduct ofboth Mr. Summers and the Governor of Macao. As loss of life.
regards the first of these points, persons were , of course, not want- The facts
ing to assert the right and duty of a professing Protestant to re- discussed.
fuse , under any circumstances, an act of homage to rites partak-
ing, they considered , of idolatory ; but a large number were in-
clined to lament that Mr. Summers should have been so unreason-
ably rigid in his practice, or, with such opinions, so inconsiderate
in his wanderings . He could not perhaps have been expected to
recollect that the day he had chosen for his holiday-the Thurs- Festival
of Corpus
day after Trinity Sunday - was the festival of Corpus Christi, Christi
one of the most famous solemnities of the Romish Church, but and Mr.
Summers'
he must surely have known that the city he was visiting was behaviour.
246 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XI. the seat of Romish doctrines and practices in their most unmiti-
1849. gated form, and that common sense no less than propriety
should have prevented his intrusion upon scenes so likely to be
perilous . By his own version of the story, he seemed to have
been so contumacious in his Protestantism that forbearance was
hardly to be expected from the irritated multitude, and it was
perhaps well for him that he was marched off in safe custody.
The Port- The second point of the question was both more intricate and
guese
tenure of more important . It will, of course, be needless to remind the
Macao reader that the settlement of Macao is one of the few relics of the
questioned
again. colonial greatness of Portugal, but it may be advisable to add that
it was not then considered , in the proper sense ofthe term , an inde-
pendent possession of that Crown. It was only held conditionally
of the Emperor of China , being then absolutely part and parcel of
the imperial dominions, and the Portuguese were simply invested -
with jurisdiction within the limits of the city over their own
people . The jurisdiction over subjects of other nations per-
tained , strictly speaking , to the sovereign of the Empire, and this
jurisdiction , in the case of the British subjects, had been for-
mally made over to the representatives of the British Crown.
Mr. Sum-
mers Mr. Summers, therefore, until the treaty entered into by Portugal
amenable to as late as in 1887 , and ratified in 1888, as mentioned under date
jurisdiction
of the ofJanuary, 1844 , in connexion with the Consular Ordinance No.
Hongkong 1 of 1844, even if he had committed a cognizable offence, was,
authorities. according to strict justice, amenable only to the colonial author-
ities at Hongkong, and it was at their hands that redress should
Governor have been demanded . *
of Macao On these presumptions, the Governor of
and the Macao would appear to have exceeded his powers and to have
rights of
a British fairly exposed himself to summary treatment by his violation of
subject. the rights of a British subject .
Captain Notwithstanding, however , the justification thus derivable from
Keppel's
1esolution . the letter of the law, it will probably be thought at this time
that a little judgment and patience on the part of the British
commander might have terminated the affair more pacifically and
creditably ; but on this point, too, Captain Keppel's resolution
The Gov- admitted of much defence. The refusal of the Governor to
ernor of
Macao and release his prisoner was coupled with an intimation that he
the 'course would be tried in course of law ' by proper judicial author-
of law ' in
a Portuguese ities , and this " course of law " in a Portuguese colony was
Colony. well known to be exceedingly slow. More than one instance,
British in fact, had actually occurred within the last ten years in
subjects which British subjects had died from incarceration in the
dying in very gaol where Mr. Summers had been confined , and,
Macao Gaol.
as the Moander was about to leave these waters instantly,
her commander had reason to conclude that no time should be
* Upon this point sce antè Chap. I., p. 35 , n.
RESULT OF CAPTAIN KEPPEL'S RESCUE OF MR . SUMMERS . 247
lost if the life of his countryman was to be saved . So little Chap. XI.
seriousness was attached to the affair, that the Mœander's boats, 1849.
after doing this piece of service, entered themselves at a regatta After
releasing Mr.
which was just coming off, and won sixty dollars' worth of prizes Summers, the
the same evening , after which the frigate sailed for Manila. Maander
gets up a
regatta.
It was perhaps rather fortunate that the Governor of Macao was The indigna-
not on shore at the moment of the rescue, for reports concurred tion of the
Governor
in representi ng him as a man who would have resisted to the last, of Macao.
in which case the Maander's guns might perhaps have been
turned upon the forts, and embroiled the matter still further. A public
As it was, he displayed the utmost indignation and fury, funeral
proclaimed
proclaimed a public funeral for the deceased soldier, and invited for the
to the ceremony the captain of an American frigate lying in decensed
soldier.
the Roads .
The Portu-
The incident relating to Captain Keppel's unceremonious guese
rescue of Mr. Summers from the hands of the Governor of Macao Government
request
had created considerable sensation in Lisbon , and copies of the ambassador
Portuguese despatches were forwarded to the Ambassador in in London
to ask for
London with instructions tolay them before Lord Palmerston, and satisfaction.
to request that the English Government should give such satis- The Portu-
faction and explanation as it might require for itself in a similar guese
condemned
case. The Portuguese Government appeared to concur in the Governor
version which the Hongkong papers had given of the occurrence of Macao's
at Macao, and the people of Lisbon seemed to have condemned detaining
action in
the Governor of Macao for detaining Mr. Summers beyond the mers.
Mr. Sum-
time necessary to protect him from any disturbance in the British
crowd, quite as much as British residents in Portugal disap- residents in
Portugal
proved of that gentleman's attending a religious ceremony which disapproved
he was not prepared to treat with the outward show of respect of Mr.
Summers'
usual at all processions of Corpus Christi in Catholic countries. conduct.
Lord
A Council of State held by the Queen of Portugal in November Palmerston's
despatch
unanimously voted Lord Palmerston's despatch to be unsatis- deemed
factory, and a further note was sent by Viscount Moncoroo, unsatis
Minister of Foreign Affairs, which was said to have aggravated by Portugal.
the indifferent terms upon which Lord Palmerston and the The Portu
guese
Portuguese Ambassador were said to have been . The Portu- sensitive
guese appeared very sensitive upon the point, and complained over Lord
Palmerston's
that His Lordship had treated them with illiberality and chicane endeavour
"in his endeavour to establish the English Government's juris- to the right of
diction over its own subjects in Macao by virtue of the treaty jurisdiction
of peace with China, " when , they contended , no such pretension ofglish
had existed before that treaty, and that it ought not now, in Government
British
the absence of express stipulation, to be held to alter a fact pre- overBri
subjects
viously existing and tacitly recognized for centuries. in Macao.
248 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap . XI. The Queen of Portugal, in opening Parliament in January
1849. following, thus alluded to the matter in her speech :-
Speech of
the Queen " I grieve to announce to you that our establishment at Macao has been the
of Portugal scene of two attempts against the sovereignty of my Crown and the law of
in opening
Parliament. nations, and my Government has already taken the necessary steps to secure
the integrity of the establishment , the sovereignty of the Crown, and the
dignity of the national decorum ; it has likewise claimed the satisfaction due,
which, I trust, will meet with attention and lead to a just reparation."
Contradic- The records of the time unfortunately contain contradictory
tory versions
as to the versions as to what really was the nature of the " satisfaction "
nature At first it was asserted that Her
of the eventually given to Portugal.
6 satisfaction Majesty's Government fully approved of Captain Keppel's con-
given to duct, and that there the matter had ended, though it would
Portugal.
appear that the later reports contained a correct statement of
the facts, and that Lord Palmerston with great reluctance had
The satisfac
tion given acceded to - first, that an apology be made to Portugal for the
by England Wrongful invasion of her dominions ; second, that Captain Keppel
.
be reprimanded for having caused it ; and third, that the widow
of the Portuguese soldier who was slain on the occasion be
granted a pension of £ 20 a year ; to the three wounded soldiers,
$500 each, and to the daughter of the gaoler £ 50 , and thus ended
this unfortunate episode. *
The foolish For the foolish lad Summers, whose childish obstinacy or
lad Summers. idiotic bigotry led to these untoward events and the death
of a fellow-creature, it is almost to be regretted , even at this
period , that a due regard for the credit of the nation to which
he belonged did not allow of his being left to suffer a little
His return
martyrdom. As it is , after his release he was brought over
to Hongkong. from Macao in H. M. S. Columbine, doubtless laughing in his
sleeve at the slip he had given the Macao authorities and
thoughtless of the consequences .†
Death of
Collins, the On the 7th June the Gaoler of Hongkong, Mr. James Collins,
Gaoler. died . He had held the position for upwards of seven years, so
that he must have been appointed to the office not very long
after the cession of the island.
Mr. N. D'E. An inexplicable performance occurred about this time , in which
Parker,
solicitor, Mr. Norcott D'Esterre Parker , the solicitor , -Crown Prosecutor
and 29
after Mr. Sterling's departure on leave of absence. ‡ and after Mr.
Captain Keppel afterwards published an account of the affair which is to be found
in " A Visit tothe Indian Archipelago in 11. M. S. Mæander.” — London, 1853. The widow
of the soldier, Barrache. died in Hongkong, on the 12th October, 1858, until which time
she had continued receiving her pension from the Superintendency of Trade.
Mr. Summers afterwards became Professor of Chinese at King's College, London.
An unfavourable view was taken of his appointment, particularly owing to his youth
and inexperience, reference to which will be found in Ch. xv., infrà.
Antè Chap. III. § III., p. 168.
MR. N. D'E. PARKER CHARGED WITH PIRACY. 249
Campbell had temporarily succeeded Chief Justice Hulme,* and Chap. XI.
who for a time was Coroner as well , --† upon the shortest notice 1849.
acted a part entirely out of his line of business and in which it Chinese
arraigned
was not surprising he made so signal a failure as led one to for piracy.
believe that he would not attempt the same character again .
The case, which ended in Mr. Parker, in company with The facts.
twenty-nine Chinese, being arraigned in the Police Court on a
charge of piracy on the 27th June, it appears , originated as
follows. It seems Mr. Parker got some information through
one Lee Kip Tye that at an island a few miles distant between
Hongkong and Macao, Paong Chow by name, a boat was at
anchor , having on board several articles taken from the wreck of
some ship. Mr. Parker hired one of the port boats, in which
he went off with Lee Kip Tye, guided by his informant. When
he arrived at the place, the boat he was in search of was lying
on the beach having her bottom scraped and cleaned . He went
on shore and applied to the petty mandarin (believed to be
of equal rank to a sergeant ) who accompanied him to the
junk, which he searched all over, the crew, by direction of the
mandarin, opening their boxes and allowing the contents to be
examined . Meanwhile an immense crowd of boatmen, some
five hundred, began to collect, and they, as soon as the informer
appeared, set upon him and began to beat him, though they
did not molest Mr. Parker or Lee Kip Tye, who had taken
refuge in the mandarin's house. The tepo and two of the
boatmen then came to Hongkong and lodged a complaint to the
effect that an Englishman and two Chinese had come to their
village in a large boat and boarded a junk in which they had
broken open several boxes, but this latter part was denied by the
witnesses -the tepo and boatmen- when examined before Mr.
Hillier, the Chief Magistrate, the men saying that they had
opened the boxes themselves by order of the mandarin . The The case is
case was dismissed, but the whole story, especially with the dismissed,
additions and exaggerations it received, was not entirelyFacts not
creditable to Mr. Parker . Mr. Caldwell, the Assistant
creditable
to Mr.
Superintendent of Police, gave an account of what he saw Parker.
when he went over to the place in the Police boat , and of
finding Mr. Parker in the mandarin's house, not a prisoner, but
a refugee !-the latter's explanation being that, "having been
told that a vessel was lying at Paong Chow having on board
some articles taken from a vessel that had been wrecked , and
having nothing to do, he had endeavoured to discover by the
mark or name, what vessel it was from which it had been taken
99 Affair
or picked up . Naturally the affair created a good deal of sen- created a
sation and different versions were afloat to Mr. Parker's disad- sensation.
* Antè Chap. VIII. § 1., p. 168.
† See antè Chap. III. § III., p. 114, and Chap. X., p. 213.
250 HISTORY OF THE LAWS , ETC., OF HONGKONG.
Chap . XI. vantage. From the evidence of the Chinese official examined
1849. at the inquiry, it would appear that Mr. Parker did not apply
to him or to the mandarin ; on the contrary, that information
of what had taken place, was brought to him by the crew
of the boat, and that on going down to the shore he found Mr.
Parker, Lee Kip Tye, and a Chinaman wearing spectacles, on
Affair had board the boat searching the boxes. Altogether, says the report,
an ugly
aspect. the affair had an ugly aspect, and although the Chief Magistrate
was not blamed for having dismissed it, still it was an addi-
Constitution
of Police tional proof of the urgent necessity for the presence of Justices
Court of the Peace in the Police Court from which they were unjustly
criticized.
excluded for Executive Magistrates. Mr. Parker afterwards, in
Mr. Parker
explains. a letter to the local journal which had qualified the affair as
having " an ugly aspect, " endeavoured to explain away his
conduct, and there the matter ended.
Mr. Wm. Mr. William D'Esterre Parker, an attorney of Her Majesty's
D'E . Parker Court of Exchequer in Ireland, and brother of the solicitor re-
admitted
a solicitor. ferred to above, was admitted an attorney of the Supreme Court
of the Colony on the 2nd July, 1849. He had left Ireland in
January, 1849, and arrived in Hongkong on the 10th June.
Convict
On the 4th July, under instructions from the Home Govern-
soldiers
transported ment, the Governor directed that all soldiers sentenced to trans-
to Cape of
Good Hope portation under the Mutiny Act should be sent to the Cape of
or Van Good Hope or Van Diemen's Land, according to convenience of
Diemen's
Land. passages.
July The July Criminal Sessions of the Supreme Court opened
Criminal
Sessions. on the 16th July, the cases being of the usual character, one of
Conviction
of Moggle- them being that of the Crown against Moggle-John, who com-
John, bined his calling of a Police Constable with the less honourable
Police
Constable one of ' hangman. ' Being convicted of theft from a dwelling-
and Hang- house, he was sentenced to ten years' imprisonment-another
man, for
larceny . instance of the constitution of the Police Force in those days.
Petty By proclamation dated the 26th July, it was announced that the
Sessions
Ordinance Petty Sessions Ordinance No. 1 of 1849 had been approved and
No. 1 of confirmed by the Home Government. This was the first Ordi-
1849
confirmed. nance of which the draft had been submitted to the public before
The first being passed by the Legislative Council,† and many suggestions
Ordinance
of which were made for its amendment to which due weight seemed to
draft have been given by the Governor. At all events , there can be
submitted to
the public . no doubt that the Ordinance as ultimately passed, though not
free from objections, underwent great improvements after its
first appearance.
Robertson v. On Monday, the 30th July, in the case of Alexander Robertson
McSwyney,
v. McSwyney, and Cum Cheong v . MeSwyney, on motion before
See antè p. 226 n. , and references there given.
† See antè p. 224.
CHARGE AGAINST MR . CARTER, MERCHANT AND J.P. 251
the Chief Justice in Chambers, the defendant in person applied Chap. XI.
to set aside the writ of Capias ad Respondendum issued in the 1849.
said causes, on the ground principally of his being a " merchant," Cum
v. Mc-Cheong
having a permanent residence in Macao and therefore living swyney.
within the jurisdiction of the Supreme Court of Hongkong. Chief
HulmeJustice
His Lordship held that Macao was not within the jurisdiction of holds
the Court, and that the invariable practice of the Court treated Macao
within not
it as such. He therefore dismissed the motion with costs jurisdiction
of Hongkong.
In reference to Macao, Mr. McSwyney had now afforded an Macao
opportunity, to the Supreme Court at all events, for pronoun- again.
cing a judgment on a point which had for so long been in.
controversy. The reparation made to Portugal by the Home:
Government in connexion with Mr. Summers' case before men-
tioned further went in support of the correctness of the Chief
Justice's decision . *
On the 1st August , 1849, at the close of the Sessions of Par-
liament, the Act 12 and 13 Vict , c . 96 , " to provide for the Act 12 and
13 Vict .,
prosecution and trial in Her Majesty's Colonies of offences com- c. 96.
mitted within the jurisdiction of the Admiralty, " was passed.
This Act gave the ordinary Courts jurisdiction over offences
hitherto only triable by Commissioners of the Court of Admi-
ralty. It was promulgated in the Colony under Government
Notification of the 7th February , 1850 .
On the evening of Saturday, the 3rd August, about six Extraordi
p.m., nary conduct
Mr. Carter, a merchant, hearing that Mr. Manuel Vicente Mar- of Mr.
ques, another merchant, his debtor, was in difficulties , entered his Carter,
J.P., in a
premises and forcibly took possession of what remained of the reference
to his
goods he had previously sold to Mr. Marques. Mr. Carter was a debtor, Mr.
Justice of the Peace, and therefore considered to be sufficiently Marques.
aware ofthe consequences of his act. Though wrong, there were, He takes
forcible
however, circumstances connected with the transaction which, possession
if they did not amount to a justification, went far towards the of goods.
extenuation of an error, the extent of which, morally speaking,
was forcibly recovering property which the owner had reason
to believe he was fraudulently dispossessed of. Having thus
acted and finding such a proceeding not legally correct, Mr.,
Carter had written afterwards to the trustees of the bankrupt's
firm tendering back the goods , but this was declined for the
time being, and Mr. Marques now proceeded against Mr. Carter by Mr. Marques
charging him with feloniously and forcibly stealing and taking Mr. Carter.
away his property. It was considered hard that Mr. Carter
should have been plundered of his goods by the now prosecutor,
who had, moreover, realized some of them at a ruinous rate.
See as to Consular Ordinance No. 1 of 1844 and Macao, antè Chap. 1 , p. 35 , n.
252 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XI. without his further attempting to plunder him of his good
1849. name by entering a charge of felony against him. A warrant
had been originally applied for but the Magistrate refused it,
and a summons was granted with great difficulty. In the
meantime application had been made to the Chief Justice for a
mandamus, which the Court would have issued , had the sum-
mons not been granted . Upon the Bench with Mr. Hillier, there
sat, out of mere curiosity probably and with a view to watching
the proceedings , -for the case was not a Petty Sessions one, -the
following Justices of the Peace, viz . , Messrs . Arch . Campbell ,
Defendant Neave, Dudgeon , and Lyall. The defendant was discharged , the
discharged. Magistrate holding there was not the slightest ground for the
charge, and that it did the parties who had brought it forward
Mr. Hillier's no credit ; and a creditable judgment this was for Mr. Hillier ,
decision
correct. for now at least he had given a fair and just decision , and , as
was believed, the result of his own unguided mind . So much
Opinion of importance was attached to this case that the opinion of eminent
eminent
counsel counsel was afterwards taken at Home upon the whole facts,
taken at
Home. counsel agreeing at all events that the determination of the
Magistrate was in substance correct and well founded in law.
Sessions of A Sessions of the Vice- Admiralty Court was held on Friday,
the Vice-
Admiralty the 10th August. The Commissioners present were the Chief
Court.
Justice, Major Caine, the Colonial Secretary, and Captain Iron-
First bridge, of H.M.S. Amazon . A fact worth recording is that
appearance
of Major this was the first time that Major Caine had appeared in Court
Caine on since the reinstatement of that worthy and distinguished
the Bench
since man Chief Justice Hulme, whose suspension from the high
reinstate- office he held, he ( Major Caine ) , as the unworthy tool of Sir
ment
of Chief John Davis , had helped in bringing about. The records are
Justice. entirely silent upon that fact, but it is as well that in the annals
of the judicial history of this Colony this remarkable fact should
The injury now be recorded . Let bygones be bygones, doubtless thought
Major
Caine had Mr. Hulme, but , in his heart of hearts , Major Caine must have
done to repented of the grievous injury he had caused to an innocent
the Chief
Justice. man and a gentleman , merely to satisfy the passion of a revenge-
ful man.
The cases
tried , There were six cases upon the list ; the first was against
eight Manila seamen of the barque Sir Edward Ryan for
mutiny. They were sentenced to two years' imprisonment.
The second case was that of two Chinamen indicted for attack-
ing and robbing a junk in the Capsingmoon passage . The
first prisoner having been previously convicted was transported
for life , and the other for fifteen years. On Saturday, the 10th,
and Tuesday, the 13th, the Court was engaged exclusively with
Case of
Captain the case of Captain Langley, master of the Sea Gull, charged
with shooting at his crew on the passage from Amoy to this
CAREER OF MR . P. C. McSWYNEY. 253
port. The prisoner was tried on two indictments , a third was Chap. XI .
abandoned by the Attorney - General , being precisely similar to 1849.
the first. Eventually, as the jury did not agree and there was Langley,
of the
no chance of unanimity, the prisoner was discharged with a Sea Gulf,
word of caution from the Chief Justice. for shooting
at his crew.
At this Sessions, six prisoners sentenced to death for piracy, sentenced
on commutation of their sentences, were transported for life . to death
for piracy.
Mr. P. C. McSwyney, so often mentioned before in this Mr. Mc-
work and not later than July last when an important judg- Swyney,
an insolvent
ment was delivered on an often-contested point relating to debtor.
the jurisdiction of the Supreme Court as to Macao, was brought
up before the Court on the 14th September, as an insolvent
debtor . Mr. Gaskell opposed his discharge on the part of Mr.
J. Henley, master of a lorcha belonging to the insolvent, who
claimed a large sum for advances and wages on account of
the vessel . It may be mentioned that Mr. McSwyney was
no longer an attorney of the Court, having long since been
withheld permission to practise. † The insolvent put the
party on the proofs of the account, which were most volu-
minous, but fortunately for Mr. Henley, he was prepared with
vouchers for all payments, and made his claim good . Mr. N. D'E . His discharge
Parker, on behalf of Mr. Robertson and Cum- Cheong, opposed opposed.
the insolvent's discharge also, on the ground of suppression of
property and a fraudulent schedule, and produced affidavits in
support of his statement. Mr. Robertson had been detained His atrocious
conduct
in gaol for fourteen or fifteen months at the suit of the insol- when a
vent for an alleged bill of costs which was never due, and solicitor.
eventually was discharged by the Insolvent Court ; while Cum-
Cheong proved that eleven houses belonging to him , worth
$4,000, had been sold at the suit of the insolvent for satisfaction
of the same bill of costs for which Mr. Robertson had been in
gaol. Both these parties had brought actions for damages against
Mr. McSwyney .
The Chief Justice , in passing judgment, animadverted strongly The Chief
Justice's
upon the disgraceful circumstances that had come to light, and animadver-
expressed himself to the effect that the insolvent's schedule sion thereon.
was a tissue of perjury, and he therefore remanded him for Insolvent's
schedule a
twelve months from the date of the vesting order, at the expi- tissue of
perjury.
ration of which period he was to amend his schedule. Committed
The next thing found in connexion with Mr. McSwyney is for twelve
months.
the following notice :-
Mr. Mc.
"Death. At the Seamen's Hospital, Victoria, on the 27th December, Swyney's
1850, Mr. Percy Caulincourt McSwyney, sometime Deputy Registrar of the death and
career set
Supreme Court, Hongkong." out.
For previous references as to Mr. McSwyney, see antè Chap. III. § 11.. p. 82 ; Chap.
III. § 111., p. 97 ; id. pp. 109, 110, 114 ; Chap. X., p. 212 ; also antè p. 250, 251, ubi suprà.
See List of Proctors, Attorneys, etc. -App., infrà.
25.4 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XI. A noteworthy incident in regard to this notice is , that it only
---
1849: gives the official position which Mr. McSwyney held before his
severance from the public service some years before, and which he
apparently had held without any stain on his character, although
the biography mentioned hereunder, reciting facts already re-
corded in reference to Mr. McSwyney, would appear to denote
otherwise.*
The Police
and its Dissatisfaction was expressed at this time at the constitution of
constitution, the Police Force, and suggestions were thrown out for the forma-
tion of a good detective force instead of a preventive one. The
Force, it would appear, consisted of almost every element and
colour - English, French, Spanish, Portuguese, Malay, Bengali,
and Chinese, and of these, except the Chinese, of course, and
* According to one of Mr. McSwyney's petitions on record , dated the 30th October,
1845 , for admission to practise as an attorney of the Court, it would appear that he had
graduated at the University of Dublin and was originally intended for the Bar. He arrived
in the Colony in July, 1843, and up to the opening of the Supreme Court on the 1st
October, 1844, he was Chief Clerk in the only Court during that period . From the open-
ing of the Supreme Court up to the period of his first being admitted as an attorney, on
the 1st May, 1845, he had held the appointment of Deputy Registrar of the Supreme
Court. The following is a biographical account of Mr. McSwyney as taken from the local
records of the time :-
This person was an immigrant from Sydney too. [ This ' too ' refers to the many
adventurers who found their way to the Colony from Australia in the early days. ] - From
being clerk to Major Caine, when Police Magistrate, he got to be Deputy Registrar of the
Court. Ejected from that situation because he blundered in some account, Judge Hulme
admitted him to practise as a temporary attorney of the Court. (Barrister. Solicitor, and
Attorney-at-law he signed himself.) The mischief this man did to the Colony in its
earlier days is almost incalculable. In conjunction with other parties whose names we
need not mention, swindling and barefaced robbery were perpetrated to an extent diffi-
cult to be conceived. At last McSwyney's career was brought to a close, for no respect-
able person would be seen within a hundred yards of his office. He had got a number of
Chinese clients, however, and to finish their business, he managed to get several re-ad-
missions, after being told he could be admitted no more. From lawyer he turned opium-
dealer, and it is said, made quite a fortune at speculating. I have seen the wicked in
great power,' says the Psalmist, - and spreading himself like a green bay tree-yet he
passed away, and lo he was not, I sought him but he could not be found.' And so for this
man, (or rather we may say for those men). He who boasted that he believed neither in
God nor devil, neither in heaven nor in hell, was soon to get a downfall. Just as he
was about to proceed to Singapore to purchase drug, he was tapped on the shoulder by a
party who by his villany, had been obliged to lie nearly two years in Victoria Gaol. On
its being certified to Judge Hulme that McSwyney had , when practising, taken from the
party (who got permission to serve his own writ) upwards of a thousand dollars in the
way of costs to which he was not entitled, the Judge very properly granted a writ of
capias ad respondendum. Once in custody, retainer upon retainer was lodged against
him , and such was the contempt in which he was held by lawyers in the Colony, that not
one would act in any way for him, nor would any one become his bail. During the first
few months of his incarceration he is supposed to have managed to place what property
he was possessed of, in such security that no one could obtain a clue to it (nor could he
subsequently get it back) and then he endeavoured to take the benefit of the Insolvent
Act. Proved guilty of swearing to a false schedule, he was remanded to Gaol for a year,
from whence he came forth to commence again a carcer of pettifogging as agent in the
Small Debt Court. There proved to have taken out summonses without instructions, and
protested against by admitted attorneys of the Court, he was once more ejected. Deprived
of the means of subsistence, and shunned by every one, he contracted a dysentery, and was
forced to beg an admission into the hospital for destitute seamen and others, where he
died without 2 friend, and received the funeral of a pauper. On his first arrival in this
Colony in 1842 in conjunction with a clerk in the Commissariat who supplied the neces
sary funds, he started a newspaper called the Eastern Globe ' -its existence ran over
six issues, and then he got permanent employment under Government. A graduate of
the University of Dublin , he was a good classical scholar, and a man of undoubted ability,
From the career which is here detailed what a lesson does it not read to young men now
commencing life, proving that the greatest talents, the profoundest knowledge, are all as
nothing when wanting in the great essential Proper Moral Principle.""
DEPARTURE OF MR. N. D'E . PARKER. 255
the Macao Portuguese in the Force, none understood a word of Chap. XI.
the prevailing tongue. Native Chinese had been found so 1849.
corrupt, that it was considered advisable to discontinue employ- The Chinese
in the Force
ing them. The system as in vogue was thought highly objec- corrupt.
tionable, and utterly unsuitable to the requirements of the place Treatment
of persons
and detrimental to the interests of the Colony. When a man arrested.
was apprehended, in many cases presumably innocent, he was
marched off to the Police Station where his detainers could not
tell him either the reason for his arrest or for his detention , there
being no interpreter present, and he was locked up " after the
Constable had stripped him of all his property." The next day No inter
or two days after, this man was taken before the Magistrate and preters.
after close inquiry, nothing being proved against him, he was
released only to return to his countrymen to tell them of the
treatment he had received , to the grave injury of the Colony. No Grave
man should be deprived of his liberty, even for an hour, without injury.
The liberty
some real ground for it, and a good detective force arresting not of the
on mere suspicion alone but after careful inquiry, it was thought, subject.
would have answered better than the then system. The Police, The
'Branding '
however, were not alone to blame for this state of things -the and Regis
' Branding ' and ' Registration ' Ordinances ( Nos. 1 and 12 of tration'
Ordinances
1845 , and 7 of 1846 ) had caused much alarm, and the Chinese (Nos. 1 and
12 of 1845,
were as much frightened at what was intended to be done as at
what had been done. The Registration Ordinance, though in 1846)
dreaded
abeyance, was still retained in the Statute Book. It had been by Chinese.
urged in favour of the law that the Chinese had a similar system The Re-
in vogue in their own country, but this meant nothing as they gistration
Ordinance
had shown their dislike to it, and it was consequently both thre in abeyance.
duty and in the interest of the Colony, as far as possible, to
encourage the Chinese to settle in Hongkong and make them .
more at home than in their own country. As the saying goes,
"if Mahomed cannot come to the mountain , let the mountain
go to Mahomed," for, as we cannot get to the interior of China,
we should endeavour to bring the interior of China to us . This ,
however, could only be done by exercising the greatest possible
amount of levity and forbearance to the Chinese who visited or Forbearance
to the
settled in the Colony, and , indeed , if Hongkong was to prosper Chinese.
at all, this seemed imperative.
On the 29th September, Mr. N. D'E. Parker, a gentleman whose ofDeparture
Mr. N.
name is now familiar to the reader, left by the ship Amoy Packet D'E. Parker.
for California, Mr. William D'E. Parker, his brother, having on
the 26th of the same month been appointed by the Governor,
during the absence of the former, to act for him as Proctor in
Admiralty during his absence. The wording of the notification
alone disclosed the fact that the Government at least had attached
no importance whatever to the untoward event mentioned last
256 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XI. June in connexion with Mr. N. D'E. Parker. It will be recol
-
1849 lected that this gentleman had arrived here at the end of July,
Mr. N. D'E.
Parker's 1846 , with a high reputation * which the Government did not
death and fail on several occasions to appreciate , by employing him as
career.
occasions occurred, and it turned out now that the Colony was
losing him altogether, for the unfortunate man was never heard of
again. This seemed a pity, having regard to the scarcity of res-
pectable practitioners in the Courts here at this time. The non-
arrival of the Amoy Packet at her port of destination removed
the last hope of her safety, and it was feared that all on board of
her had perished in a heavy gale which the ship had encountered
a few days after sailing. Probate of the will of the deceased
was granted by the Court in December, 1850 , and the petition
relates the circumstances connected with his death .
Departure Dr. C. Gutzlaff, the Government Chinese Secretary, left on a
on leave
of Dr. visit to Europe on the 30th September, 1849 , after an absence of
Gutzlaff, the twenty - three years . That long term he had passed in China or
Government
Chinese amongst the Chinese. Perhaps no foreigner of the age had more
Secretary.
His career. thoroughly identified himself with the people, their literature,
religion, government, history, and social and domestic habits.
For some years past the learned Doctor had been in the service
of the British Government, and his name was associated with
Morrison
and Thom. those of such distinguished men as Morrison and Thom , who
were also his brother interpreters during the war. With Dr.
Attorney-General, also
Mrs.
go es Ho me. Gutzlaff, Mrs. Sterling , the wife of the
Sterling
left the Colony .
Chief Justice On the night of the 2nd October, Mr. Hulme , the Chief
Hulme
robbed of Justice, missed his gold snuff box, of the value of five
his gold
snuff-box. pounds sterling, from a chair in the verandah of his residence,
and suspicion rested on his private watchman , a native of
Mozambique ; but, though inquiries were made, nothing could
be proved against him until Tuesday, the 16th October, when
the box was found in the possession of a Manila Constable, who
stated he had purchased it for two mace (twenty - seven cents
in present currency) from a China boy, that being the amount
the lad gave to the thief for it. The boy having been appre-
His private hended was admitted as a witness , and the watchman and
watchman
and a Constable were committed for trial at the December Sessions ,
Constable
committed when the case will be found further reported . Though
for trial. the value would so denote it , the records are silent as to
whether the snuff box in question was that presented to the
Chief Justice, after his suspension, by the Attorneys of the
Court and which Mr. Hulme said he would " treasure as an
heirloom to be handed down to his children in refutation of
the foul charges which had been preferred against him "-fin
See antè Chap. III. § III., p. 97, and also references at pp. 248, 249, ubi suprà.
↑ Antè Chap. VIII. § I., p. 164.
EARL-GREY'S REPLY TO PUBLIC MEMORIAL ON LOCAL GRIEVANCES. 257
which case he was doubly fortunate , and to be congratulated in Chap. XI.
having recovered it. 1849.
On two occasions recently, by a stretch of authority, Chinese Handing
prisoners against whom no charge could be made out before the Chinese
Courts were handed over to their own authorities to be dealt suspects
to the
with as these might see fit. First, there were the men captured Chinese
by the steamer Canton at Tien -pak, who were at any rate as Authorities.
much pirates as those who were killed at the same place ; but
after undergoing a rigid examination before the Chief Magis-
trate, he found no cause for committing them for trial, and they
must have been liberated but for the Governor's order that they
should be sent to Canton . The next occasion occurred with
the suspected pirates taken at Capsingmoon by the U. S. Ship
Plymouth and, by the courtesy of Commodore Geisinger , handed
over to Captain Hay, of the Columbine, who was sent by Captain
Troubridge to receive them. Again no crime could be substan- Unconstitu
tional
tiated against these men , yet, on their discharge by the Magis- stretches
trate, they were re-apprehended on a warrant from the Governor of power.
as Superintendent of Trade, by virtue of which the men and
the property found in their possession were given up to the
Chinese, who, after investigating the case , set the men at liberty
and restored to them their property, though a complaint was
formulated by one, a woman, that her property had dwindled
down from the time it was taken from her. In the last case, com-
munications had passed between the Plenipotentiaries regarding
the prisoners, and the High Commissioner Su had assented to, ifhe
did not actually demand , the surrender of the men , but, neverthe-
less, without denying that something may be said in favour of the
expediency of such stretches of power, yet, as had all along been
contended in similar cases before touched upon in this work, they
were undeniably unconstitutional and of dangerous precedent. *
Earl Grey's reply to the memorial addressed to the Governor Lord Grey's
reply to
in January last, together with an expression of the opinion of memorial
Her Majesty's Government on the general views and prayers of of residents.
the memorialists, was now received, and made public on the
11th October. The memorial, and the petition to Parliament The proposi-
tions how
which attended it, embodied five distinct propositions : - dealt with.
First. -A reduction of the existing ground rents.
Second. - A reduction of the Colonial establishment to a level
with the reduced revenue.
Third .--The establishment of a system of popular municipal
government
Fourth . The simplification and cheapening oflegal procedure.
Fifth. - The improvement of our general commercial relations
with China .
See antè Chap. III. § III., pp. 92, 93 -also Vol, II ., Chap. XLIX.
† Autè p. 223,
258 HISTORY OF THE LAWS, ETC. , OF HONGKONG .
Chap. XI. The first of these propositions , Earl Grey negatived peremp
1349. torily ; the second - His Lordship did not see any sufficient
Reduction reason for altering the present mode of providing for the charge
of ground
rents of the Colony ; the third-he saw no general objection, but
negatived. could not pronounce upon it until some distinct proposal was
The reduc
tion of submitted ; the fourth -which, taken in relation with this work,
colonial is of importance is quoted in full , and read as follows : " The
expenditure.
Popular confirmation of Ordinance No. 1 of 1849 ( Petty Sessions Court)
Municipal will, in some measure, meet that portion of the petition which is
Government. contained in the concluding paragraph . His Lordship will
The simplifi-
cation, etc., readily co-operate with the Governor in any well-considered
of legal measures which may have for their object the simplification of
procedure.
Ordinance legal procedure ; and whatever may be the objections to dis-
No. 1 of pensing with some portions of the technical safeguards of the
1849.
Safeguards English law, His Lordship is satisfied that, in the present
of English condition of the community of Hongkong, the evils which
law. would arise from too close an adherence to its forms would be
Fees in the much more legitimate subjects of apprehension . With regard
Supreme
Court not to the amount of fees exacted in the Supreme Court, His Lord-
exorbitant. ship observed that those legally imposed were not exorbitant.
The charges The charges of legal practitioners were matters extremely
of legal
practitioners . difficult to regulate, particularly in case of a population at once
litigious and ignorant of British law, like the Chinese. No
better safeguard can be suggested than causing it to be matter of
public notoriety, as far as possible, that all such charges as were
liable to taxation would be inexpensively and rigorously
Commercial executed ; " and, as to the last proposition , Her Majesty's
relations
with China. Government attached great importance to the object and desired
to promote it by all means in their power.
Bounty- On the 18th October, Mr. Sterling, as Advocate- General, moved
money.
the Vice- Admiralty Court, on behalf of Captains Troubridge,
Hay, and Lockyer, of H.M.S. Amazon , Columbine, and Medea,
and T. Jamieson , master of the ship Canton, for an interlocutory
decree for bounty-money, which was duly made.
October At the Criminal Sessions of the Court, on the 22nd October,
Criminal
Sessions. there was but a short calendar, none of the cases calling for
special notice.
Ordinance The Ordinance No.
No. 3 of 3 of 1849 extending the Summary
1849, Jurisdiction of the Supreme Court, as was announced on
extending the 27th October, had been confirmed . The Ordinance had
summary
jurisdiction now been in operation for several months and in its work-
of the
Supreme ing had given general satisfaction. To the Chinese it was
Court, especially satisfactory, for they could not understand the old-
confirmed .
General fashioned forms of the Civil Court with the consequent tedious
satisfaction. delay, before cases were finally settled ; and in too many
PIRACY AND CHUI APO . 259
instances they had been fleeced by attorneys who exacted Chap. XI.
enormous bills without having had them taxed. Were the Sum- 1819.
mary Jurisdiction extended , it was thought, to an unlimited
amount in actions for debt, it would have the very best effect,
giving either plaintiff or defendant the privilege of demanding
a jury and of employing an attorney or not as he saw fit.
Rear-Admiral Sir Francis Collier, C.B. , K C.H., Commander- in- Death
Rear- of
Chief in the East Indies, died suddenly of apoplexy on the 28th Admiral
October, at the residence of Chief Justice Hulme, with whom Sir Francis
Collier
he was staying on a visit . He died in the presence of his medical while staying
attendants, who had been with him the greater part of the night. with
Chiefthe
The Admiral, who was sixty-three years of age, had been in very Justice.
bad health for some time, and his physicians entertained scarcely
any hope of his permanent recovery, but as he was sufficiently
well, on the evening before his death, to take a carriage drive with
Mr. Hulme, his friends were quite unprepared for the sudden
announcement of his death. It was only on the 22nd October
that the Admiral had received a complimentary address from the
merchants of Hongkong on the energy displayed by him in the
extirpation of piracy in these seas and the security thereby
afforded to the peaceful prosecution of commerce. His funeral
took place on the 29th October.
On the 1st November, the Government advertized for a pas- Convicts
transported
sage to Penang for one Indian and sixteen Chinese convicts. to Penang.
The past month was marked by an unusual activity on the part The Navy
of our ships of war in the suppression of piracy in these waters, suppression
and the
Apart from a previous encounter with H.M.S. Medea, when of piracy.
the latter destroyed five boats, the pirates were further encoun-
tered in considerable force within fifty miles of Hongkong alter-
nately by H.M.S. Columbine and Fury, with the usual result
where discipline and skill are pitted against unaught animal
courage. The vessels named dealt destruction at a distance beyond
the pirates ' range, who were utterly routed , their boats being
burnt, and their establishments on shore demolished . Hundreds
were slaughtered , but, according to the official report, four -fifths
escaped with their lives, and none were taken prisoners. The
pirate band on the occasion was under the command of Chui The pirate
Apo, whose name is familiar to the reader from the part he andChuithe
Apo
played at Wong- ma-kok when Captain Da Costa and Lieuten- murder of
ant Dwyer were killed in February this year. Among his own Captain
Da Costa
countrymen, however, he had become notorious long before that and Lieuten
event, and, as a bucanier, was a marked man by the Chinese ant Dwyer.
Chui Apo's
authorities. His character and the fact of his being outlawed influence.
by his own Government were known locally long before the
* Antè pp. 228, 229.
260 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XI. tragedy of Wong- ma- kok , but so far from a check being kept upon
1849. him, he, or one of his gang for him, actually obtained a licence
for manufacturing gunpowder within the Colony, it being
notorious that such powder was chiefly made for the use of
Chui Apo in pirates. He was supposed to have been in command of a de-
command
of a fleet. tachment of Shap Ng Tsai's large fleet, that chief himself being
Ineffectual in the south with the main force. As a price had been set upon
attempt to
capture the head of Chui Apo by the Government, an ineffectual at-
him. tempt was made to take him alive, but he was reported to have
been severely wounded , although this was afterwards denied by
a deserter from the Ceylon Rifles who professed to be cognizant
British
of Chui Apo's movements . In the correspondence of the Bri-
Plenipoten-
tish Plenipotentiary with the Chinese Viceroy, the capture of
capture of
Chui Apo this outlaw was put forward as one of the main reasons for
main undertaking and continuing the expeditions, in the course of
reason for
continuing which the Viceroy was further told that " if accidents should
expedition. happen through ignorance on our part, the blame must attach to
the Chinese Viceroy for not having earlier caused the miscreant
to be apprehended,"'-an utterance which , it was doubtless con-
ceived, would secure the object in view .
The handing The handing over of Chinese suspects to their own Govern-
over of
Chinese ment-a subject several times dwelt upon in this work -now
suspects engaged the serious attention of the Executive, a draft Ordi-
to their
Government nance dealing with the rendition for trial to officers of their
engages own country of Chinese subjects who had committed crimes and
attention of
Executive. offences being under consideration . It seemed chiefly intended
to meet the difficulty about surrendering Chinese prisoners
against whom no charge could be made out before our own Courts,
but who were supposed to be offenders against the laws of their
own country. Two cases of this sort have already been referred
to , in which the Governor sent, or offered to give up, to the Chinese
authorities pirates or men suspected to be so , who, after under-
going examinations before the Magistrate must otherwise have
The illegality been set at liberty. From the first there was no doubt of the
of the
procedure. illegality of such a line of procedure, and the promulgation of
the present draft Ordinance only confirmed the opinion already
Ordinance expressed upon the point. The enactment became law on the
No. 2 of
1850. 20th March, 1850, being Ordinance No. 2 of that year.‡
First The unofficial Justices of the Peace convened by circular at
admission the request of the Governor, " to take into consideration certain
of unofficial
members, matters of importance to the interests of the Colony," met by
to the
Legislative appointment in the Council room of the Government Offices at
Council. noon, on Saturday, the 3rd November. The Governor opened
the proceedings by stating that he had invited the Justices to
* See antè Chap. III § III., pp. 92, 93.
† Antè p. 256.
‡ See Chap. XII ., infrà. and Vol. II., Chap. XLIX.
UNOFFICIAL MEMBERS ADMITTED TO LEGISLATIVE COUNCIL . 261
meet him in order to communicate the contents of a despatch Chap. XI.
he had received last mail from Earl Grey sanctioning his pro- 1849.
posal for the admission of two members of the civil community
into the Legislative Council . He proceeded to say that the
nomination rested with himself, but that he thought it better
for the Justices to elect two of their own number, -an announcé-
ment which, considering the oft-repeated representations upon
the point, was received with general satisfaction . He requested
the Justices accordingly, at their perfect convenience, with-
in the next month or six weeks , to return him the names of any
two gentlemen whom they might consider as eligible for the
office in question . At a meeting held on the 6th December, at Messrs. D.
Jardine and
the Club House, Messrs. David Jardine and Joseph Frost Edger J. F. Edger
elected
were elected by a majority of votes as meinbers of the Legislative by the
Council. The Justices , however, did not think this a favour- Justices
able opportunity to interfere with municipal management, and of the
Peace.
declined the Governor's offer, at the above-mentioned meeting, Municipal
to go into the question . The names having been submitted to the question not
Governor, the latter on the 17th December informed the Justices gone into.
The Governor
that he would submit them to the Secretary of State " as gentle- submits the
men in his estimation in every way qualified for seats in the names
to the
Legislative Council of this Colony." From this it appeared that Secretary
the non-official members were not to take their seats until the of State for
approval.
formality of submitting their names to Earl Grey had been The necessity
complied with. It was one of the misfortunes of this Colony for this
questioned.
that, from the earliest days, the Executive had been ingenious in
inventing pretexts by which established customs might be de-
parted from. The appointment of members of Council from the
community was no new matter, and a precedent as to the
manner of nomination and confirmation was not to be establish-
ed . The names of all nominees were reported to the Secretary
of State for the Colonies who invariably approved of them, but
in the meantime they took their seats at the Council table.
Such at any rate had been the rule in Hongkong with regard
to official members, and why the rule should have been departed
from in the persons of the two gentlemen , in the estimation of
the Governor “ in every way qualified for seats in the Legisla-
tive Council of the Colony," required some explanation . Lord Lord Grey's
Grey's despatch directing the admission of the new members to approval.
be chosen from the civil community was received on the 11th
September. Had that despatch been acted upon with the usual The despatch
celerity, these members could have been selected and have taken kept secret,
their seats by the 1st October. But this was not agreeable
apparently to the powers that be. The despatch was kept a
profound secret for nearly two months. The new members, in
place of being elected and sworn in on the 1st October, were
deprived of their seats at the Council table until the 14th
262 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XI . June, 1850, when their appointment was duly gazetted, and
1849. will be found referred to at that time.
Prize-money. On the 15th November, several interlocutory decrees for prize-
money were pronounced by the Admiralty Court, which again
sat on the 19th and 20th November. The Commissioners pre-
sent on this occasion were the Chief Justice, Captain Morgan, of
H.M.S. Hastings, and Mr. C. B. Hillier, the Chief Magistrate.
The calendar was rather a heavy one in appearance, but from
the absence of witnesses in four of the cases, the Grand Jury
reduced the number to be tried to one-half, of which again
Flaws in half broke down from flaws in the indictments, in one of which,
indictment
Escape of . however, the dropped stitch was taken up and the trial allowed
the guilty. to proceed . This was the case of the two mates of the brig
Burke and Gallant named Burke and Newton , charged with larceny on the
Newton ,
larceny on high seas by opening a box of specie and abstracting therefrom
the high seas. 5,200 rupees or £ 500 After the evidence of several of the
witnesses had been taken, the Chief Justice pointed out to the
Queen's Advocate certain errors in the indictment, and after
argument the Court ruled the indictment imperfect , and the
Jury were directed by the Court to find a verdict of not guilty.
The prisoners were then removed to enable the Queen's Advocate
to prepare another indictment, but counsel for the prisoners con-
senting to the amendment of the original indictment, the prisoners
Their pleaded not guilty, and in the result they were found guilty but
conviction.
were recommended to mercy. Burke was sentenced to fifteen
years' transportation , and Newton to twelve months' hard labour.
The latter made his escape from prison in May, 1850 , when the
matter will be found dealt with , while Burke received a free pardon
on the 24th May, 1852 , on the occasion of the Queen's Birthday,
the acting Governor having been led to take a merciful view ofthe
case through the imprisonment the man had already undergone.
The Queen In the other case, that of the Queen versus Leaong Lao Tong
r. Leaong
Lao Tong. for piracy, the miscreant got off through a flaw in the indictment.
The prisoner, In the course of the examination of one of the witnesses, it was
although
guilty, found that the ownership of the stolen property had been erro-
escapes. neously laid in the indictment, and after explanations from the
Charge
wrongly laid . Queen's Advocate and the Chief Magistrate, who was onthe Bench
as shown above, the Chief Justice decided that the flaw was fatal.
The Queen's Advocate declined to file a new indictment, and the
The prisoner prisoner was suffered to escape, evidently very much to his own
astonished
at being astonishment, for when told to leave the dock, he turned round
discharged. with a look of despair, as if he considered his fate sealed , and
stared from side to side to see which officer would seize him by
the tail and lead him forth to condign punishment. And if
A dangerous
and prospe- report spoke true, this would have been richly deserved, for the
rous thief. man was said to be one of the most dangerous, as well as most
ENGLISH LAW AND CHINESE OFFENDERS . 263
prosperous, thieves in the Colony. This pet pirate appears thus Chap. XI.
to have been rather astonished at first sight at the eccentric 1849.
functions of a law which pronounced him " not guilty " of a
crime which had only a moment before been thoroughly substan-
tiated against him , and that too by the very man he had robbed
and assaulted. His astonishment, however, must have speedily
given way to an intense admiration , not unmixed with a spice
of that eager curiosity with which a scientific mind for the first
time views the functions of a novel and untried machine, and
speculates on the means and adaptations by which the principle
at work may be extended and improved . Governed , no doubt, He is found
by this speculative idea, the pirate was actually found on the as a spectator
in Court
second day of the Sessions standing in one of the door- ways next day.
of the Court within three yards of that dock, where he had
stood only the day before, rigged out in a new suit , the
probable proceeds of his crime and eagerly listening to and
studying the process of a judicature which assuredly had
claims the most profound on the innermost sympathies of his
nature. The Assistant Superintendent of Police, Mr. Caldwell,
on seeing the man, turned him out. Here was an intelligent
Chinaman who was arraigned one day of a capital felony, up
Comments
on local
and though the crime was brought fully home to him, he judicatory.
was acquittel. The next day he enters the same Court, and
commences to study that law which, he no doubt felt, had in it
inherently " something worth knowing " to gentlemen in his
line of business. Surely, the least the administrators of that law
could have done at the time was to encourage such an enlight-
ened spirit of inquiry, by presenting the aspiring student with
a copy of Warren's " Popular Introduction to Law Studies," or
Blackstone's " Vinerian Lecture" ! --another incident worthy of
99
being enshrined amongst the " curiosities of legal literature'
when they come to be written. These contingencies, however, Carelessness
were getting rather above the average -three-fourths of the cases in getting
up cases.
sent by the Chief Magistrate for trial breaking down from flaws, Cases
discrepant evidence, and the absence of witnesses-a fact which breaking
down
could not but be too often adverted to, so long as no remedy through
was ever attempted. It might at least have served economists flaws.
with an argument for reduced expenditure, seeing that although
the Judicial Establishment , Police, and Gaols cost upwards of
£ 21,000 per annum, or within £ 3,000 of the entire revenue of
the Colony, such was the working of the present system that
out of the very small proportion of crimes brought to light, one-
half of the accused , after running the gauntlet of a vigilant
Police, two sagacious Magistrates , and a learned Attorney-
General, were suffered to escape through causes which , if not
preventible, ought at least to have kept them out of Court alto-
gether, and so enabled the Colony to reduce its establishments.
264 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap . XI. The working ofour boasted institutions was looked upon even
-
1849. by the Chinese as a mockery of justice , and , instead of checking
The working
of our crime, encouraged it by holding out so many chances for even the
institutions greatest villains to escape . English criminal law as administered
a mockery to the Chinese people, with all its subtle and unnecessary distinc-
of justice.
English tions, with all its " technical safeguards " and its foreign and
criminal law unsuitable paraphernalia, is the fruitful mother of crime, a prac-
as regards
Chinese tical absurdity, and was often , at this period of the Colony espe-
offenders.
cially, a mischievous abomination . And it was doubtless to meet
the great evil complained of, arising probably in many instances
Ordinance
No. 1 of through carelessness, that Ordinance No. 1 of 1850 , giving power
1850. to the Supreme Court to amend an indictment or information in
any matter of form or substance, was subsequently passed.
Successful
suppression The successful suppression of piracy in these waters was again
of piracy a prominent theme of discussion at this time. As hereinbefore
by the Navy
Squadron stated , H.M.S. Columbine and Fury had totally destroyed a formi-
commanded dable squadron of piratical junks commanded by the notorious
by Chuo
destroyed. outlaw Chui Apo, the murderer of Captain Da Costa and Lieut-
enant Dwyer, in February last. A second expedition , consisting of
H.M.S. Columbine, H.M.S. Fury, and H. C. Steamer Phlegethon,
with a reinforcement of officers and men from H.M.S. Hastings,
had started on the 8th October for the south- west coast in
search of Shap Ng Tsai , the great pirate chief before referred to , *
The pirate and the scourge of that seaboard for the last two years. The
fleet of
Shop Ng Tsai ships returned on the 1st December, after tracking the pirate fleet
destroyed through a most intricate and dangerous navigation down to the
in the Gulf
of Tonquin. coast of Cochin China, falling in with them in the Gulf of Ton-
quin, and totally destroying the most formidable squadron ever
The most known in these seas . No less than fifty-eight heavily-armed
formidable
confederacy junks out of sixty-four which composed the whole pirate force
ever known
annihilated . were burnt and destroyed, upwards of 1,000 guns were taken
or sunk, 1,700 pirates killed in action . and 1,000 or more
driven on shore into the swamps of the Gulf of Tonquin where
they must have inevitably perished of starvation or by the
spears of the natives, whose coast they had so long ravaged
with impunity. Now that the most powerful confederacy ever
known in these waters had been annihilated , it will probably
never be discovered upon what purposes it was bent when thus
providentially encountered and destroyed . One thing was be-
yond all doubt, that the Chinese Commissioner Su was negotia-
Chinese
Commis- ting for the services of this " southern squadron " at the very
sioner Su. moment of its destruction for some secret and extraordinary
service, but his hopes were now shattered in that direction.
Mr. Tarrant The unfortunate Mr. Tarrant against whom the charge of
asks
conspiracy to defame Major Caine, the Colonial Secretary, haed
* Antè p. 260. st
SENTENCE FOR THEFT OF C. J. HULME'S SNUFF BOX . 265
been abandoned , it will be remembered , at the Criminal Sessions Chap. XI.
of December,* 1847 , still smarting under a sense of the great 1849.
injustice which he considered he had been made a victim of, Government
to take
through his solicitor, Mr. Gaskell, on the 8th December, ad- steps
dressed the Governor, Mr. Bonham, informing him that, as his consequent
n return
upo
case had been dismissed in consequence of the absence of Lo In of Major
Tin,† Major Caine's compradore, and as Lo In Tin had since Caine's
returned to Hongkong, and Mr. Tarrant had been informed that compradore.
" Major Caine had stated to Mr. Bonham that Lo In Tin had
been in the habit of extorting moneys in his name from the lessee
of the Central Market," he "trusted that, as his client's character
was at stake through the aspersions cast upon it by the Colonial
Secretary, and which were not cleared up in consequence of the
alleged absence of the individual referred to , that His Excellency
would cause such proceedings to be adopted against the said Lo
In Tin as to His Excellency in his discretion should seem fit."
In reply, on the 10th December, the Governor caused Mr. The Gov-
ernor's
Gaskell to be informed " that the prosecution entered against reply.
Mr. Tarrant by the late acting Attorney- General , having been
withdrawn by that officer, it was not His Excellency's inten-
tion to take any further steps in the matter," and that, moreover,
Major Caine had never stated to the Governor " that in his
opinion Lo In Tin had been in the habit of extorting moneys
in his name from the lessee of the Central Market ."
The December Criminal Sessions opened on Saturday, the December
15th . There were seven cases down for trial, mostly relating to Criminal
Sessions.
misappropriation of property. The Chief Justice having to Trial of
appear as a witness on the part of the prosecution, in the first and Martinho
Los
case, or rather being really the prosecutor , the second case on the Santos for
list was proceeded with until the case in which the Chief Justice the Chief
was interested was reached . The Chief Justice then retired Justice's
snuff-box.
from the Bench and unrobed , and the Honourable P. 1. Sterling, Mr. Sterling
the Attorney- General, proceeded to take His Lordship's place tries the
and to officiate as Judge of the Court, presumably having case.
previously been appointed and sworn for the purpose, though
the records are silent as to that fact. The case against Jozé
Martinho and Dominicos Los Santos was then called , the former
for stealing the gold snuff box , the property of the Honourable Mr. The evidence
Hulme, the Chief Justice, and the latter for receiving the same Justice
knowing it to have been stolen . The prisoners, it will be remem- Hulme.
bered, had been committed for trial last October.§ The Honour-
able Mr. John Walter Hulme, having been sworn , deposed that on
See antè Chap. VIII., p. 170.
† Chap. VII , p. 130.
This was a mistake. It was the Crown Prosecutor, Mr. Parker, who withdrew the
prosecution against Mr. Tarrant. Mr. Campbell, who had instituted it when acting Attor-
ney-General, was then acting Chief Justice, but he may have advised the Government
apon, the subject.--See antè p. 241 , and Chap. VII ., p. 170 .
Antè p. 256,
266 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XI . the night of the 2nd or morning of the 3rd October last, after
1849. retiring to his bed-room , he missed the snuff box ( in Court ),
returned to the verandah, where he had been sitting, thinking
that he might have left it on the arm-chair, but it was not to be
found . The prisoner, Martinho, came up to his house to do duty
as watchman the night after the loss , but he was not aware
whether he was doing duty there when the snuff box was lost.
On conclusion of the evidence and after the summing up of the
Conviction
officiating Judge, the Jury returned a verdict of guilty on which
and sentence. the Honourable Mr. Sterling addressed Martinho to the effect
that his offence was increased by his having stolen property
which he was employed and which it was his duty to guard, but
on the other hand the temptation was very strong, and he would
therefore sentence him to eighteen months' imprisonment with
hard labour . The same remark also applied to Los Santos , who
was then attached to the Police, and whom he sentenced to
twelve months ' imprisonment with hard labour. Mr. Sterling
then retired from the Bench, and His Lordship returned and
Scale of presided at the discharge by proclamation of three Chinese against
Fees in
whom there was a paucity of evidence, and the Sessions closed.
proceedings
before
Justices On the 26th December was published a new scale of fees to
of the Peace, be taken in proceedings before Justices of the Peace.
Land. In this year the tenure of the land of the Colony was again
Committee
appointed the subject of consideration, and a Committee, consisting of the
to report Treasurer, the Surveyor- General , the Assistant Commissary-
upon
landed General, and two merchants, was appointed to report upon
tenure.
the question generally, and to represent individual cases in
which the amount of rent paid seemed extravagant. Another
subject offered to the Committee at this time for its considera-
tion and opinion was, whether it would not be for the interest
of the Colony to reserve, in all future land sales, a portion only
of the price in the form of rental , the competition being made to
turn upon the premium offered .
Historical While the Committee was sitting, an historical sketch of the
sketch of
first land first land sales in the Colony was furnished to The China Mail
sales. newspaper, and dedicated to the Committee. This sketch is
published in The China Mail of the 20th December, 1849, as
follows :-
"A gentleman, who is personally cognizant of the facts, has, at our request,
furnished us with the following history of the first land sales in the Colony,
which we beg to dedicate to the Committee now sitting on the subject :--
Hongkong as a Colony may be said to owe its existence to Mr. James
Matheson ; but for that gentleman's enterprise, in all probability it would
have been a mere military post, if its cession had even been included in the
Treaty.
Only a few of the present residents will now recollect the events previous
to the war in 1839-40. Business was conducted afloat, first at Hongkong,
HISTORICAL SKETCH OF FIRST LAND SALES , 267
and afterwards at Toonkoo Bay. No British firms resided at Canton ; the Chap. XI.
goods of that season were either sold outside , or trans-shipped in neutral
1849.
vessels, and the exchanges were effected at Canton by neutral agents.
The goods of the year 1840 were all landed at Macao, paying duties to
the Portuguese. Part was sent to Canton by the inner passage, but the
greater portion remained nearly the whole year, during the time the Canton
river was blockade , at a most serious expense for warehouse rent .
In 1841 Mr. Matheson, to avoid these expenses, resolved to land the
cotton consigned to his house, at Hongkong. Accordingly, early in that
year he sent from Macao materials for the erection of mat godowns, taking
possession of the ground now occupied by the Commissariat Stores, which
were built by him and were four feet above the ground at the time of the
land sale on the 12th June of that year.'券
There the whole of the cotton of the season was landed. The regular
godowns were rapidly finished and general trade established , with what
success may be seen by Mr. A. Matheson's evidence before the Committee
of the House of Commons.†
At the land sale on the 12th June, the first lot sold was numbered 15 in
the list it was knocked down to the late Mr. Webster at £20 , not only
without opposition, but he was laughed at for giving so much. The next
lot, No. 14, however, fetched £21 , but afterwards lapsed to Government and
was re-sold, and now pays £220. The sale then proceeded along the Queen's
Road at advancing rates, which to a certain extent was owing to the less
rugged character of the beach, to which in these days more importance was
attached than now, and also to the more central situation. Lots 1 to 13
were sold in the following order : —
LOTS. SQUARE FEET. KNOCKED DOWN TO PRICE.
£ 8.
13-14 10,800 W. & T. Gemmell & Co. 52. 10
12-13 10,600 Holliday & Co. 38. 10
11-12 11,200 II. Rustomjee. 52. 0
10-11 9,600 99 52.
9-10 8,400 Reserved .
8-9 8,100 Dirom & Co. 57. 0
7-8 7,500 Pestonjee Cowasjee. 50. 0
6-7 6,300 Hooker & Lane. 43. 0
5- 6 5,400 Dadabhoy Rustomjee. 50. 0
4- 5 6,900 Dent & Co. 65 . 10
3- 4 7,800 99 64 . 0
2- 3 7,000 Lindsay & Co. 80. 0
1- 2 6,700 Gribble, Hughes & Co. 80. 0
The sale was now moved to the ground that had been cleared by Messrs.
Jardine, Matheson & Co., and which was for the most part occupied by their
temporary buildings ; and it must be noticed, that the proximity of that firm
gave an additional value to land in its vicinity. The first lot put up was
No. 20, upon which, as already noticed, a house was already in progress.
Mr. Matheson begged that this might not impede bidders, and offered at once
£ 150 (the upset price being £ 10) at which it was knocked down. The two
adjoining lots were, after some competition, knocked down to him also at
£185 and £230 . The remaining ones in that locality were sold at £ 160,
£140, £ 150, and £ 111 . Prices then began to fall, and the six lots between
this spot and what is now called Spring Gardens, ranged from £25 to £67 ,
and all of them except one afterwards iapsed to Government.
* See Introduction, antè p. 8.
Chap. VI., p. 131.
268 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XI. The remaining locations were, after some competition, knocked down as
under :-
1849.
LOTS. SQUARE FEET . KNOCKED DOWN TO PRICE.
£
40-41 6,000 Macvicar & Co. 75. 0
41-42 9,700 29 95.
42-43 11,500 Fox, Rawson & Co. 100. 0
43-44 65,500 Turner & Co. 150.
44-15 Reserved.
45-46 99
00
46-47 30,600 Captain Larkius. 265.
47-48 35,000 P. F. Robertson. 250.
49-50 Not sold. --
51 Captain Morgan. 205. 0
The land mania in Hongkong at that period may be readily accounted
for, having originated almost entirely, from the fear of responsibility on the
part of Lord Saltoun, while Commander-in-Chief.
His Lordship would not take upon himself to erect suitable barracks and
officers' quarters for the troops. A few wretched huts, built on shelves cut
on the acclivity of a ridge at West Point, were called barracks, but were
really pest-houses, and after causing the loss of many a gallant soldier of the
55th, were abandoned and razed to the ground. The army was thus left
without Government buildings, and became dependent on those belonging to
the community, all of which had been built for mercantile purposes ; and it
was even proposed to quarter them compulsorily on the community. Major-
General D'Aguilar was accommodated in the house that had been built for an
inn, and had, in addition to an ordinary rent, to pay for the anticipated profits
of the inn-keeper. The officers' quarters were established in the house of a
merchant, at a high rent. The house on Marine Lot No. 55 was occupied
in 1843-44 as a barrack at $400 a month, and that on Marine Lot No. 46 as
an hospital at $ 300 a month. Various other houses were occupied at high
rents by officers of the army and other officials. Most of the Ordnance and
Commissariat Stores were received in merchants' warehouses. The house
in D'Aguilar Street, which in 1844-45 was occupied by the Oriental Bank,
paid a monthly reutal of $ 200, and the warehouse adjoining (then used as a
Court House) paid monthly $ 150,-the aggregate monthly rental of both
houses being now sixty dollars.
Messrs. Thomas Ripley & Co. in 1844 paid for the house now occupied by
Mr. Gaskell $250 a month, and it would appear to have answered their pur-
pose at the time, for in July, 1844, they incurred the burden of £ 320.16s. 10d.
annual ground rent for a Marine Lot, upon which they built at the expense
of £20,000, a house which they never occupied , and which was only let for
the first time two months ago to the Peninsular and Oriental Steam Com-
pany, at a rental of £ 375 per annum .
The Imperial Commissioner Keying, during both his visits, was accommodat-
ed in the houses of merchants, and at a later period the warehouses of another
merchant were converted by Government into a gaol, and paid an annual
rental that would almost have served to build one. And to this must be
added, that, at the time, the Opium Farm and Registration Ordinance had
not been imposed on the Colony, which had a very respectable trade, and,
according to the evidence of Mr. A. Matheson, an increasing one.
The demand for land in consequence was great, but Sir Henry Pottinger
would grant none ; on the contrary, he issued an order ( 10th April, 1843),*
virtually prohibiting the progress of buildings, so that even the allocations
* See Introduction , antè p. 27.
HISTORICAL SKETCH OF FIRST LAND SALES . 269
made by Mr. Johnston ceased to be available. A Land Committee, consisting Chap. XI.
---
of the two Land Officers, the Colonial Secretary, and Mr. Burgass, Sir Henry 1849.
Pottinger's legal adviser, was appointed to investigate the claims of landholders ,
and point out to Government such plots of ground as they would recommend
being resumed ; * but their proceedings were secret, arbitrary, and, as it has
since turned out, partial in the extreme.† The leases were carefully kept out of
sight till the last moment, when they were for the first time read as the condi-
tions of the land sale of 22nd January, 1844. Positively nothing could be more
skilfully got up for the purpose of exciting competition than that land sale ;
Quirk, Gammon, and Snap could not have managed it better. A more decided
case of mock auction was never recorded in a blue-book ; but there is one
circumstance that has hitherto been unrecorded , that in no small degree
influenced the high prices : A certain number of lots had been (as he
deemed unfairly) cut off land in the possession of Mr. George T. Braine,
who was present at the sale, and intimated his intention to re-purchase them
on any terms, and to appeal Home against the injustice with which he had
been treated. This was no sooner said than these lots, although numbered
about the middle of the sale, were at once put up, and he was safely bid against,
till some of them, from £25 per 105 feet square, were knocked down to him at
£54, £46, etc. This gave the grand impulse to the sale, as many present,
among whom his judgment was deservedly highly esteemed, entertained an
opinion that he thought the ground worth the sum he bid for it. Another
characteristic of this sale was, that, with the exception of some of the outer
lots, not one man in twenty could have left the room and pointed out the lot
he had purchased.
The results of such management are greatly to be deplored , as they not
only led Sir Henry Pottinger to indent for an establishment far beyond the
requirements of the Colony, but made Government at Home create an office
that was not indented for and is not wanted, at an annual expense of nearly
£200 ; and there is good authority for stating that this office was created
merely to get rid of the importunities of a troublesome hanger-on.
"It is rumoured that owing to the great scarcity of accommodation for the
officers of Her Majesty's Army, the Government intend to have recourse to
the system of billeting them upon the inhabitants." The Friend of China,
January 13, 1844. It was believed that the intention was not confined to
the officers only. ( See evidence before the House of Commons, Blue Book
No. 654 Question 1,943 .)
"The Land Officer has further been authorized and instructed to summarily
prevent the progress of all buildings ou locations which may, in his opinion,
encroach on the present, or any future line of roads or streets , and to oblige
all persons to confine themselves to the exact dimensions of the lots which
were originally allotted to them, " - Government Notification , 13th April,
1843 , Article 3. §
3847.-Do you think that the auction was properly conducted ? -My
opinion is that it very nearly resembled a mock auction .
3348. -In what respect ?-That parties who had no means of paying for
it bid against those who really wanted the land, and those parties occupied
the land while the others threw it up.- (W. Scott.)
3881. -Was any deposit required at the first sale, under Sir Henry Pot-
tinger ?-None.
* See Introduction , antè p. 28.
For the Committee's Report , see antè Chap. I. , p. 36.
Chap. I., pp. 36, 37.
§ See Introduction, p. 27.
270 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XI. 3882.-Acting under your instructions from the Governor, what reply
would you have considered yourself justified in making to any person inquir-
1849.
ing of you the penalty for not fulfilling the conditions of the sale at the first
sale I should have replied, that there was no penalty specified for their
not fulfilling the terms.
3883. They could therefore have thrown up the lots, without any conse
quences to themselves ? -Yes. (A. T. Gordon.) "
Year 1849 The year 1849 from first to last, as is seen, proved one of the
one of
the most most eventful, in different points of view, from the time of the
eventful cession of the island, and amongst judicial affairs important
since
cession of points are chronicled . The expenditure of Hongkong had
the island.
formed the subject of much comment in Parliament during the
The expendi
ture of year. The island had within itself no greater resources than
Hongkong. the rock of Gibraltar or the island of St. Helena . When taken
possession of, it had a small population of Chinese fishermen
who dried their nets upon its rocks and obtained a supply of
The revenue. fresh water from its springs . The revenue squeezed out of it
by a Chinese mandarin, cunning in the art of taxation, was, it
was believed , somewhere about £ 150 per annum. After eight
years ' occupation , the population under our rule, apart from the
The popula military, now consisted of 300 Europeans , some hundreds of Por-
tion.
tuguese, natives of Macao and India, and a few Indians employed
by the Police or as domestics ; the Chinese population was rated
at 15,000 , and the revenue computed at £25,000 , principally
Recapitula- drawn from land rents and from a Police tax. The public
tion.
meeting of January taken in connexion with the complaints
about the fees of Court and the excessive charges of the attor
ney's which led to the belief that the Colony could well do with-
out them, thereby giving at an early stage a bad name to an
otherwise deserving and necessary class of professionals ; the
murder of Captain Da Costa and Lieutenant Dwyer of the
military ; the passing ofthe Petty Sessions Ordinance and of that
increasing the Summary Jurisdiction of the Supreme Court ; the
Summers episode at Macao, nearly embroiling us with Portugal,
but leading to our recognition of the sovereignty of Portu-
gal over Macao, before the later treaties of the former with
China ; the election for the first time of non-official members to
the Legislative Council ; and , though last not least, the successful
Splendid suppression of piracy in these seas by the splendid services of
services of
the Navy. the British Navy, regarded in whatever light, whether as the cause
of humanity or civilization and practically for the benefit of the
whole world, as was also all along the British policy in opening
up China, are most important elements in themselves which bear
recapitulation.
271
CHAPTER XII.
1850-1852 .
SECTION I.
1850 .
Rule of Court.- Service of process and fee payable on the summary jurisdiction side. →
Cape Colonists disapprove of transportation to the Cape. -The Cape Anti-cor i Associa
tion.-Local opinion .--Ordinance No. 1 of 1850 for the better administration of justice.
-Power to amend informations ; the testimony of certain witnesses made admissible.→
Flaws in indictments.- Disregard for truth by Chinese witnesses. - The Chinese and the
obligation of an oath.- Chinese system of morality. -Chinese oaths.-Amongst Chris-
tians. -The heathen.-Purport of the Ordinance. -Application of Mr. E. H. Pollard to be
admitted an attorney of the Court. - Ordinance No. 6 of 1845 , s. 11.-Mr. William D'E.
Parker opposes the admission. -Mr. Pollard is admitted. - Act 12 and 13 Vict., c. 96.—
February Criminal Sessions ; conviction of Steele.- Mr. Moresby on application is permit-
ted to defend him.- His escape from gaol. - The rendition of Chinese criminals. -- Ordi-
nance No. 2 of 1850.-Mr. Holdforth, Assistant Magistrate, goes on leave. - Mr. W. H.
Mitchell acts in the different capacities.- Mr. Holdforth's dishonesty.- Mr. Holdforth as
an adventurer from Sydney. — Mr. W. H. Mitchell as editor of The Hongkong Register.--
His claims for Government employ criticized. — Mr. Holdforth and his auctioneer, Mr.
Duddell. The barque Louisa. Grave suspicions of collusion. - Mr. Duddell admits buy-
ing the vessel.--Re-sale ordered by Chief Justice.- Mr. Holdforth had left the Colony.-
His unenviable notoriety. - Custom of auctioneers bidding at their own sales. -Mr. Dud-
dell is saddled with costs. -High price at the second auction of the vessel. - Mr. Hold-
forth's mal-practices reviewed. -Neglect of the authorities. -On resignation of Mr. Hold-
forth, Mr. Mitchell is confirmed . - Constitution of Police Force again discussed. - Poor
wages. - Deaths among European Constabulary. Excessive drinking of bad liquor. - Ma-
nila men as Policemen. -Natives of Madras. -The Malay.- The author's experience of the
Malay as a Policeman.- Mr. Tarrant's index to the Ordinances of Hongkong. - Dedicated
to the Chief Justice.- Mr. Tarrant's case and his treatment. -He becomes proprietor
and editor of The Friend of China.--Land. Report of Committee - Inability of lessees
to transfer a sub-division of their lots.--The report of the Committee. - The China_Mail
upon the subject. -The opinion of the Attorney-General, Mr. Sterling, upon the inability
of Crown lessees to divide their lots in portions.-- First Criminal Sessions after abolition of
Vice-Admiralty Court.-Act 12 and 13 Vict , c. 96. - The jury saved considerable labour. - No
Grand Jury.—Court held in large upper room for first time. The accommodation. — The
Press reporters. - Pirates captured by H.M.S. Reynard. Three sentenced to death and
nine transported .--First prosecution for perjury in Hongkong.- Opinion prevalent among
Chinese that offence not punishable.-The testimony of Mr. Hillier.-- Oath no oath at all.
-How Chinese were sworn in Hongkong. The prisoner had been sworn by ' burning paper.'-
Efficacy ofsuch oath. - Origin of such oath. -Ceremony of cutting off a cock's head as part
of an oath.- Refusal by the Court to depart from usual routine. - Oath by cutting off cock's
head recorded. - Chief Justice's sentence. -Although first trial for perjury, not first offence.
-The sentence.- Practice heretofore of not requiring witnesses to leave the Court.
-Rule in Scotland. -Interpreter for Malay, Hindustani, and Portuguese advertized for ·--
Duties of Census and Registration Officer performed by Mr. May, Superintendent of Police.
Governor leaves for northern consulates. -Major-General Staveley acts. - Cause of Mr.
Bonham's tour. - Convicted pirates hanged at West Point. - Disgraceful scene at the exe
cution. The authorities blamed.- Old and rickety state of the gallows. - Prisoners
pardoned on Queen's Birthday.--European convicts Steele and Newton escape. They are
re-captured dead drunk. They and a fellow-prisoner, McIlroy, who had aided them, are
committed for trial.- Zeal of the Police before the arrest of the escaped convicts. - A . Po-
lice Sergeant shoots a Chinaman. - Verdict of accidental death.-- Strictures of the Press
Mr. Caldwell rewarded. He is appointed interpreter to the Supreme and Chief Magis.
trate's Courts.- His income in the other positions.-On the representation of the Governor
to Lord Grey,he is allowed head-money for suppression of piracy.- Mr. Caldwell's conduct
in the past concerning Too Apo.--Comparison drawn between trial of civil cases in Hong
kong and Singapore. - Commissioner of Court of Requests in Singapore not a professional.
-Mr. Campbell alluded to as a ‘ beauty.'-Appointment of Messrs. Jardine and Edger as
272 HISTORY OF THE LAWS, ETC. , OF HONGKONG.
Chap. XII . members of the Legislative Council notified. - They are sworn in. -A seat in the Legisla
tive Council as an honour.-Limited powers of the elected members.-- Death of Mr. F.
1850-1852. Smith, Deputy Registrar. His career.—) -Public liberality and sympathy to his family.-
Office of Clerk of the Court and Deputy Registrar merged and conferred upon Mr. W. H.
Alexander.-The time of the Registrar. -Establishment of the Supreme Court at this
period . -July Criminal Sessions. Case of conspiracy to sell a girl for purposes of prosti-
tution.-A man and woman convicted and sentenced. - They are found to be man and
wife and are discharged, two being required to a conspiracy. - English Criminal Law un-
suitable.- Chinese neither fathom our justice nor understand our law. - Legal flaws again
commented upon. Police Magistrate and Mr. Sterling, Attorney-General, taken to task. —
Trial of Steele, Newton, and McIlroy for prison-breaking.- Newton, an educated man.—
Facilities for escape great.-Only went out of prison for a spree on the Queen's Birth-
day.-Newton and Steele calculated on ' slipping in ' as they had ' slipped out.'- The costly
Gaol not so bad a placc. -Sentence on the prisoners. -Ten Chinese sentenced to death.-
Articles of evidence abstracted after trial.-The Attorney-General says he will speak to
the Sheriff. - Indignant at the strictures passed upon him, Mr. Sterling requests a local
journal to remove his name from list of subscribers. — Comments . -First recorded unplea-
santness concerning Mr. Sterling.—Mr. Gaskell gazetted Proctor in Admiralty. - Hong-
kong in the House of Commons. The annual parliamentary vote discussed.-- Salaries of
Governor, Chief Justice, Attorney-General, and Chief Magistrate criticized . - Commutation
of sentences of death passed on Chinese, to whom Chief Justice had held out no hope of
mercy. Misplaced leniency of the Governor.- Example required to prevent Chinese from
committing piracy and murder. -Comparison with our own countrymen. - Fresh facts jus-
tifying clemency. - Interference with the Court's decision the cause of friction with the
Executive. Passage for Chinese convicts to Penang.- Massacre on board French ship
Albert by Chinese coolies. -Arrest of the coolies.-The investigation. - Lengthy detention
in prison.--Admiral Austen succeeds Sir F. Collier. —October Criminal Sessions .-- Pirates
sentenced to death. - Case of Ed. Cousens and Ed. Neill, of the Kelso, for causing a
revolt on board . -The sentence.-- Mr. Caldwell takes leave. - Mr. Clifton acts as Assistant
Superintendent of Police. -Chinese convicts shipped to Penang. - Governor Bonham
knighted.—The installation.- December Criminal Sessions.--The jury object to the inter-
pretation of Tong Achik, the Court Interpreter.-The Chief Justice says ground should
be as open as the objection.'-Interpretation question, the repetition of an old complaint.
-Tong Achik afterwards found unfit. —Order that interpreters not eligible for Consulships,
Scholars eschew the Canton dialect . -Governor Bonham's care as regards legislation.—
Ordinance No. 5 of 1850.
SECTION II.
1851 .
Land. Despatch of Earl Grey in reply to Governor Bonham. -Ordinance No. 1 of 1851,
-Depositions of absent witnesses read at trial. — Proposal of Justices of the Peace that
Police Force be under control of a Municipal Committee. -Governor's offer.--Escape from
gaol. -Departure of Lieutenant Pedder on leave. The Marine Magistrate's duties, how
performed.Chinese oaths.-" Cutting off a cock's head." -The first form of oath record-
ed.-Cock birds at a premium. - Considerable perquisite to Court keepers. - Capture of
Chui Apo, the murderer of Captain Da Costa and Lieutenant Dwyer.- How capture effect-
ed. Chui Apo's statement. -Admitted being implicated in the murder. - He held office
under the Canton Government.- Doubts as to legality of Chui Apo's capture.- Special
Sessions for trial of Chui Apo. -The trial. - Mr. Gaskell's preliminary objection as to ju-
risdiction . -Chui Apo had been kidnapped . -The Chief Justice on the point . - Plea. Chui
Apo stands mute.- Provocation.--The Chief Justice's charge to the jury.-Verdict of
manslaughter. -Transportation for life. -After sentence Chui Apo inculpated the deceased
officers. He threatens suicide --Preferred death to transportation.-- Despite warnings to
Gaol authorities he carries out his threat.-- Found hanging in his cell. - Felo de sc.--Verdiet
of manslaughter commented upon locally and in England. -The tablet in St. John's Cathe-
dral. -Departure of Lady Bonham and Major-General Staveley. -Appointment of Major-
General Jervois to succeed Major-General Staveley. His Secretary, Captain Maclean,
B.A. - February Criminal Sessions.- The Chief Justice refuses to allow depositions of
absent witnesses to be read under Ordinance No. 1 of 1851. - The Sessions adjourned.—
Admission of Mr. J. Tarrant as an attorney of the Court.- Decision of Her Majesty's Con-
sul at Canton against the master of the Lady Mary Wood upset. -Consular decisions
reversed.- Civil appeals to the Supreme Court of Hongkong from Consular decisions.-
Consular Ordinance No. 3 of 1847. -Governor Bonham leaves for Canton. - Wreck of the
Lord Stanley with convicts on board. -Objection in the Straits Settlements to transporta-
tion thither.Ordinance No. 2 of 1851 regulating the jurisdiction of the Supreme Court.—
Arrival of Major-General Jervois. -April Criminal Sessions. Mr. W. T. Bridges admitted
to the local Bar.-The Chief Justice's remarks. - The part Mr. Bridges afterwards played
in the administration of local affairs. —An important point affecting the two branches of
the profession. Mr. Bridges loses no time. - His objection to Mr. Gaskell appearing as
counsel. - The Chief Justice. Practice of solicitor, appearing as counsel stopped. — Phii-
ANALYSIS OF SECTIONS. 273
Chap. XII.
lips, Moore & Co. r. Arnott, -Case exposed pernicious system of allowing unqualified_per-
sons to act as attorneys.-The Royal Asiatic Society holds meeting in Supreme Court 1850-1852.
building. The Jury Ordinance, No. 4 of 1851. - Land. Secretary of State directs all Crown
lands to be sold at public auction. - The Petty Jurors memorialize the Governor.- Parlia-
mentary vote for Hongkong discussed in Parliament.- Mr. Clay, M.P.. on the Chief Jus-
ticeship. -The Governor goes to Canton under instructions. -Illness of the Chief Justice.
-Death of Dr. Gutzlaff. His career. -The fortune he left.- Ordinance No. 14 of 1845.
Abatement of nuisances . An assault committed to obtain a judicial decision. —Clause in
leases under which property held in the Colony.-- Obnoxious trades. —Mr. Hillier's opinion
upon application of clause 12 of section 2 of Ordinance No. 14 of 1845. - The evidence of
the defendant who committed the assault.- Defendant fined. - Malay and Javanese law
of homicide. Case of Selico, who murdered his wife.- Coroner's inquest. The jury find
justification according to usage of Malays and Javanese. -At the October Criminal
Sessions, he pleads guilty and is sentenced to death.- Departure of Mr. Hillier for Shang-
hai. -Ordinance No. 4 of 1851. - Ordinance No. 7 of 1845 , -Ordinance No. 4 of 1849.--
The law of arrest and the manners and customs of the Chinese.--Chun Atce r. You Tsoi.—
The defendant, a girl, pledged for debt due.- Chinese oaths. -Ordinance No. 9 of 1845,
s. 1. - On plaintiff burning a bit of paper ' in support of· declaration, defendant com
mitted to prison.-- Defendant before Chief Justice denied pledging her body.'-Chinese
custom warranting the transaction.-- Cases contra bonos mores suggestive of Chinese
character. The noted Police Court interpreter Tong Achick -Police Court interpreter
advertized for. - October Criminal Sessions. The new Jury Ordinance No. 4 of 1851
brought into operation. --Several jurymen summoned from the same firm.-Case against
Chinese Constables for extortion by laying brothels under contribution.- Extortion of
long standing. The sentence. - Their confession. Case of Chow Sam Mooey for keeping
a brothel. Governor remits sentence obtained on the testimony of the Constables. - The
jury discharge another similar case. - Rider to their verdict.- Governor Bonham proceeds
to Shanghai,-Illness of the Chief Justice. -Crowded state of Supreme Court hall.-Mr. Ster-
ling acted for Chief Justice on the summary side of the Court. - Magic words attributed to
Mr. Sterling.-A bill of costs for revision by the Court. All the lawyers in attendance.--
Complaint arose because previously no counsel in the Colony.- Fees allowed to counsel
not considered sufficient. -Attorney-General of opinion that counsel coming to Hongkong,
having no Government salary, ought to be well paid.-Matter remitted to Registrar.-
Chinese oaths. Trial for perjury. - The jury and the unsatisfactory manner in which Chinese
are sworn. The attitude of the Attorney-General. -A false witness pleads guilty of per-
jury. Jury criticize mode of swearing Chinesc.- The Chief Justice upon the practice.
The jury express their opinion. -A juryman upon " the cutting off of a cock's head."-
Mode in vogue at this period. Paper burning.--Mr. Caldwell, the Chinese Interpreter,
upon paper burning as an oath. The Chief Justice quotes an authority.-A juryman upon
the point. Various forms of oath in use amongst Chinese.-The evidence of Ching Kum
Cheong upon the point. -The Attorney-General suggests a simple affirmation. - No oath
in Chinese Courts. -The Attorney-General objects to a juryman on account of his views on
the subject. -The Jury express a wish that point in dispute be fully decided.- The Chief
Justice express thanks to jury for bringing matter forward. - Mode of swearing Chinese
witnesses in early days disclosed. —January Criminal Sessions, 1852. The Chief Justice to
the jury on the subject of Chinese oaths . -Correspondence thereon. —Mr. Caldwell upon
the subject. Further letter from Mr.. Caldwell upon the subject of Chinese oaths . - No
change and system in force adhered to.--Simple declaration introduced by Ordinance No.
2 of 1860.
SECTION III.
1852 .
Piratical lorchas in command of Europeans and Americans. - Government unwilling to
acknowledge discreditable connexion. - The local authorities as regards the Macao Govern-
ment.---Extensive piracies. - Horrible murder of a Portuguese naval officer. - The facts.--
The Portuguese boat Adamastor.--A piratical boat flying the English flag commanded by
an Englishman.--Wm. Fenton, the pirate.--Fenton arrested by Lieutenant Miranda, of
the Adamastor. Lieutenant Miranda stabbed by the pirates -His body thrown into the
water. The fate of those who accompanied him. - The Adamastor fires on the pirates who
sail away with Fenton. -Hand of Providence at hand. - Fenton continues his piracies.--
His capture by Chinese and arrival in Hongkong.-Found not guilty of accessory to
murder,' while several Chinese charged with piracy are sentenced to death. - Indignation
of the Portuguese. -Fenton is arraigned on a charge of consorting with pirates.--Found
guilty and convicted.--His confessions.- Conclusions. -Consular Ordinance No. 2 of 1852.
Right of appeal to the Supreme Court from Consular decisions taken away --Consular
Ordinance No. 5 of 1844.-Consular Ordinance No. 2 of 1847.-- Discretionary powers as to
allowance of appeal.--Great dissatisfaction.--Inconvenience to the Court by public passing
through the door-way nearest the Bench.--Notice board put up by order of Chief Justice
limiting passage to professionals and a few others.--Order a standing one ever since.--
274 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Table of Fees in the Vice-Admiralty Court,--February Criminal Sessions.--Regina v.
Booray and Others. Murder of John Paterson, of the Corcyra, by Malay sailors. - Sentence
of death recorded.-Extraordinary conduct of the Chief Justice.--As the Governor had
interfered with a previous sentence of his, the prisoners were entitled to the same leniency.
Public opinion. -Governor not altogether blameless.- Death of Booray in gaol.--- Death
of Admiral Austen.
Ch . XII § I.
<
Rule of Ox the 2nd January, 1850, the Legislative Council passed and
Court. approved of a Rule of Court relative to the service of process,
Service of
process and and the fee to be paid therefor, on the summary side of the Court.
fee payable
on the The Cape Colonists had expressed disapproval of the transport-
summary
jurisdiction ation of convicts to their Colony, ordered, as may be re-
side.
collected , under instructions from Home in September, 1848 , and
Cape
Colonists repeated in February and July oflast year. On the 10th January,
disapprove the Cape Anti - convict Association resolved that the thanks of
of transport
ation to the Association were due to Captain Toby, of the Frederick Huh,
the Cape.
for having declined to convey the convicts from Hongkong to
The Cape
Anti-convict the Cape, and to Mr. Billingsley, the owner, for having given
Association, him timely information as to the state of the public mind at the
Local Cape. Nowthat the Cape Colonists had declined the honour of
opinion.
their company, people in Hongkong had some curiosity to learn
the next place intended by Lord Grey as a receptacle for Euro-
pean convicts, evidently losing sight of the fact that the order
of July above referred to authorized transportation either to the
Cape " or Van Diemen's Land according to convenience of
passages . "+
Ordinance A short, but in some respects important, Ordinance now came
No. 1 of
1850 for into force. It was that passed on the 15th January, 1850,
the better
administra- No. 1 of that year, the object of which was to secure the better
tion of administration of justice and the improvement of the law of
justice. evidence in criminal cases. Power was now given to the Su-
Power to
amend preme Court to amend informations at trial, and the testimony of
informations ; witnesses was not to be excluded by their incapacity from crime.
the testimony
of certain Those who bestowed any attention upon trials in the Supreme
witnesses Court, where Chinese appeared either in the dock or in the
made
admissible. witness -box , could not have failed to be persuaded that something
was required to be done in order to secure the ends of justice,
not less in protecting the innocent than in convicting the guilty.
The present Ordinance was intended to meet the defect ;
but the main provision was in reality nothing more than con-
ferring a power upon the Judge to amend during the trial that
which ought to have existed . Though it was notorious that at
every Sessions a large proportion of the prisoners escaped through
Flaws in flaws in the indictments, it was also certain that this could not
indictments. have happened had the indictment been drawn with anything like
care. The Ordinance simplified proceedings by leaving the attain-
* On this subject see antè Chap. XI., p. 226, and references there given.
† See antè Chap. XI ., p. 250.
OFFENCES WITHIN ADMIRALTY JURISDICTION. 275
ment of the end in view to the discretion of the Judge instead Ch. XII § 1.
of loading indictments with a multiplicity of counts. English- 1850.
men who were in the habit of attending the Courts could not
fail to be struck with the disregard for truth at times exhibited Disregard for
truth by
by Chinese witnesses . It was not generally displayed in any Chinese
vindictive feeling towards the accused , and rarely bore upon any witnesses.
very essential part of the evidence ; still it had the effect of
shaking the whole testimony, and sometimes operated favourably
for the prisoner. In addition to the usual chapter of doubts,
by which the prisoner was benefited, he thus had fresh chances
from this defect in the national character. Justice took advantage
of it no doubt , but it was desirable that it should not be frus-
trated by perversions of truth. Like other heathen , the Chinese The Chinese
have very loose notions of the obligations of an oath, and in the and the
obligation
ordinary affairs of life they tell an untruth without hesitation , of an oath.
nor are they ashamed if detected . The evil is a serious one , and
one for which there is no certain cure. Their system of morality , Chinese
which, in China , is religion, does not enforce upon them the system of
morality.
importance of truth, and an oath sits very lightly upon the Chinese
conscience of those who have no conception of the deity, and care oaths.
very little for the future. Among all persons professing Chris- Amongst
tianity, truth is hedged in, guarded alike by the religious and Christians.
the irreligious , but among the heathen it is cared little for, -to The heathen,
them it would be an inconvenient acquisition .
The Ordinance was, no doubt , intended to check the evils Purport
spoken of, and in a degree it would probably have the effect of othe
Ordinance.
putting justice in a better position for the prosecution, convic-
tion, and punishment of criminals .
On the 23rd January, the Chief Justice sat in Court and Application
heard an application from Mr. Edward H. Pollard to be ofMr.
PollardE. H.
admitted to practise as an attorney in terms of Ordinance No, to be d an
admitte
6 of 1845, section 11 of which authorized the Court to admit fit attorney
persons to practise for three months in case of " obvious neces- of the
Court.
sity. " The motion was made by the Attorney- General , Mr. Ordinance
Sterling, but was opposed by Mr. William D'E. Parker, whose No. 6 of
objections , after being duly considered , were deemed insufficient 1845, s. 11 .
Mr. William
or invalid, and Mr. Pollard was accordingly admitted . Mr. D'E . Parker
Pollard , it will be recollected , was appointed clerk to acting opposes the
admission.
Chief Justice Campbell , on the resignation of Mr. Trotter, con- Mr. Pollard
sequent upon the suspension of Chief Justice Hulme. Mr. is admitted .
Pollard had subsequently appeared in the records as being under
articles to Mr. Norcott D'E. Parker, whose office he had pro-
bably joined on the return to duty of Chief Justice Hulme,
Reproduced in section 20 of Ordinance No. 12 of 1873. See also antè Chap. III. § II., p. 71.
See List of Proctors , Attorneys, &c.. App. infrà.
See antè Chap. VIII. § 1., p. 171.
276 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch . XII § I. The Act 12 and 13 Vict. c . 96 , which provided for the prosecu-
-
1850. tion and trial in Her Majesty's Colonies of offences committed
Act 12 and
13 Vict.. within the jurisdiction of the Admiralty, was published in the
c. 96. Colony on the 7th February. The first Criminal Sessions of the
February year opened on the 15th February ; most of the cases being of the
Criminal
Sessions; ordinary class. One of them was against Thomas Steele , for-
conviction
of Steele. merly in the Police Force, for stabbing. Mr. Parker had been
engaged on behalf of the prisoner, but was too unwell to attend ,
and as there happened to be no other attorney present in Court ,
the prisoner, at the suggestion of the Chief Justice, allowed the
Mr. Moresby, case to go on. While the second witness was being examined ,
on applica
tion, is Mr. Moresby, recently arrived in the Colony, applied for permis-
permited to sion to appear on behalf of the prisoner, which was at once
defend him.
granted. The prisoner was convicted and sentenced to twelve
His escape months ' imprisonment with hard labour. It will be seen later
from gaol.
on that, in May of this year, he escaped from prison .
The rendi- On the 20th March, the Legislature passed an important
tion of
Chinese enactment relative to the rendition of Chinese criminals . By
criminals. the treaties between Great Britain and China, provision had been
made for the rendition for trial to officers of their own country
of such subjects of China as had committed crimes and offences
Ordinance against their own Government. * Ordinance No. 2 of 1850 was ,
No. 2 of
1850. therefore, passed " to provide for the more effective carrying out
of the treaties between Great Britain and China in so far as
related to Chinese subjects within the Colony of Hongkong."
Mr. Hold- Mr. Charles Gordon Holdforth, the Assistaut Magistrate,
forth,
Assistant proceeded on leave on sick certificate on the 1st April , Mr.
Magistrate, W. H. Mitchell, Justice of the Peace, being gazetted to officiate
goes on as Assistant Police Magistrate and Sheriff, as well as Provost-
leave.
Mr. W. H. Marshal , Coroner, and Marshal of the Vice- Admiralty Court,
Mitchell acts during the absence of Mr. Holdforth, whose first position in the
in the
different Service was that of Coroner in October, 1845. † Mr. Holdforth's
capacities. appointments as Assistant Magistrate and Sheriff had never been
gazetted . At all events no successor had ever been gazetted
to Mr. Hillier when confirmed as Chief Magistrate, so that
Mr. Holdforth's different offices had always been considered
Mr. Hold- to be acting ones Many were the adverse criticisms passed
forth's
occasionally upon this officer having especial reference to his
dishonesty.
dishonesty, but the records do not show that any notice was
* See the question of handing over of Chinese to their own authoritics by the local Gov.
ernment touched upon, antè Chap. 111. § 111. , p. 92, and Chap. XI., pp. 257, 260.
† Ante Chap. 111. § 11., p. 89.
See his appointment as Deputy Sheriff , antè Chap. III. § 111., p. 92, and his appoint.
ment as acting Assistant Magistrate noticed, antè Chap. 111. § III., p. 97, and Chap. v. §
II., p. 130.
$ See antè Chap. VII., p. 150, and Chap. X. , p. 209.
MR. HOLDFORTH AND HIS AUCTIONEER , MR. DUDDELL . 277
ever taken of the strictures passed on him. This circumstance Ch . XII
- § I.
may have given a stimulus to his efforts to turn his opportu- 1850.
nities to the best account. In this he was understood to have
been singularly successful, insomuch that his present " absence
on sick certificate " had been long anticipated and was but the
prelude to his final retirement, in the meanwhile enabling him
to draw the emoluments of office till his leave was up. What
arrangement he may have made with his successor was not
known, nor, added a report in regard to current stories about
him , had he communicated the secret by which a man " may
live well and lay up an ample fortune in three years from two
offices, the salary of the one being £ 500 and of the other £ 200 ."
Before his appointment to these, Mr. Holdforth, who arrived forth Mr. Hold-
as
here as an adventurer from Sydney, was a junior clerk on a an adven-
small salary in the Chief Magistrate's Office at the time it was turer from
presided over by Major Caine, who had been the making of his Sydney.
protégé and enabled him to bear up against charges which, if
not true, were certainly libellous, but which had neither been
publicly contradicted nor investigated .
The appointment of Mr. Mitchell, the editor of The Hongkong
Register, as Mr. Holdforth's successor, was also very strongly criti-
cized, and afforded a very edifying commentary on the laudatory
tone towards the Government, " its measures, and its men, Mr. W. H.
which had been assumed by the paper in question under Mr. editor Mitchell
of as
Mitchell's editorship , and which contrasted so strongly with the The Hong-
virtuous invectives against sycophancy and place-hunting which Register.
ong
used to characterize him when he exhibited himselfas an amateur His claims
writer. It was not known what other claims he had upon the for mentGovern-
Government, but it was certain that amongst its servants , indi- employ
criticized.
viduals much better qualified could have been found and a con-
siderable saving effected thereby.
On the 5th April, the Chief Justice sitting in Admiralty heard Mr. Hold-
the case of Syme and others against the barque Louisa , order- forth and the
auctioneer.
ing the re- sale of the ship owing to the auctioneer, Mr. Duddell, Mr. Duddell .
"having committed an error by knocking the vessel down to The barque
Louisa.
himself." Mr. Duddell was the auctioneer employed by Mr.
Holdforth, the Marshal, and his summary dismissal of the
previous ' Sheriff's Auctioneer, ' Mr. Markwick , in October, 1847 ,
to employ Mr. Duddell, it will be remembered , formed the sub-
ject of public comment, * and the present case -one of a long line Grave
suspicions of
of similar ones, -gave rise to grave suspicions ofcollusion between collusion.
the Sheriff and his auctioneer. At the hearing, Mr. Duddell Mr. Duddell
admits
buying the
admitted that the vessel had been knocked down to himself, on
which ground, irrespective of all others , the Chief Justice ordered vessel.
Re-sale
the re- sale of the ship . This case was unfavourably commented ordered by
#
Antè Chap. VII. , pp. 150, 151 .
278 HISTORY OF THE LAWS, ETC. , OF HONGKONG.
Ch. XII § 1. upon in the press. From the report, the inference drawn was
-
1850. that there had been collusion between Mr. Holdforth and the
ChiefJustice. auctioneer to let the vessel be knocked down to one or the other
ofthem , or that the auctioneer knocked her down to himselfat a
price lower than what it was probable other parties would have
Mr. Hold-
forth had given for her. Since the sitting of the Court, Mr. Holdforth
left the had left the Colony, and whether he bid for the vessel in the
Colony.
way of buying her in as Marshal ( which would have been illegal ) ,
or whether he bid for her as a matter of private speculation-
either of which was blameable in his position - could not be
His unenvi- ascertained . That individual had gained for himself an un-
able
notoriety. enviable notoriety in the Colony, and his refusing to take notice
of charges brought against him by the press which , if not true ,
were libellous to a degree, bore the charges out against him, at
all events in the colouring given to the present case. In the
Custom of result, however, the auctioneer had to pay the piper .
auctioneers Relying
bidding on the custom which had obtained of auctioneers bidding at
at their
own sales. their own sales , and imagining and declaring himself to be the
Mr. Duddell bidder before the fall of the hammer, Mr. Duddell had saddled
is saddled himself with smart money to the extent of $ 300, and repairs
with costs.
upon the vessel to the extent of $ 107 , besides the law expenses
upon the case which amounted to no trifle, -a lesson which
he doubtless did not forget when next called upon to act as
Higher
at the price Auctioneer to the Marshal of the Vice- Admiralty Court. The
second vessel at the second auction fetched $ 1,750 , i.e., $400 above the
auction
of the sum she had previously been sold for ! But Mr. Holdforth
vessel. had now sailed away from the Colony, on what he no doubt
considered his " well-earned leave."
Mr. Hold-
forth's mal- Although this was not the only one of his mal- practices that had
practices come to light after his departure, yet the local authorities allowed
reviewed.
him to remain on leave and draw pay for twelve months, although
it was well known that he would never return to the Colony to
face the charges which awaited him on his return . Major Caine,
who was said to have been ' his friend and supporter, ' and
against whom some serious allegations were made at the time
in reference to Holdforth's affairs, not unnaturally came in for a
share of public blame. Mr Holdforth, it was alleged, had cometo
Hongkong having eluded justice in Australia for horse - stealing,
and, on his departure on leave from the Colony for San Francisco,
actually hid himself in the vessel in which he took his depar
ture, * in dread of the Police being sent to arrest him. This
This vessel was said to have been either partially or eutirely laden by him. The
records show that when in California he got into trouble over mercantile transactions.
In one instance he was arrested on " an order founded on an affidavit of one Cumlong.
that Holdforth had received certain goods, the property of Cumlong, shipped from
China to California, and that he had sold the same and retained the proceeds." Alta
California, 17th July, 1851. - China Mail, 30th October, 1851 .
THE POLICE FORCE DISCUSSED. 279
was another instance showing the neglect of the authorities in Ch, XII § I.
not thoroughly scrutinizing the characters of those persons ask 1850.
ing for employment in the early days, and whose previous career of
Neglect
the
had been spent in Australia. On Mr. Holdforth's ' resignation,' authorities.
Mr. Mitchell was gazetted as confirmed in his place on the 8th tion
On resigna
of Mr.
July, 1851. Holdforth,
The constitution of the Police Force again came under consi- Mr. Mitchell
is confirmed.
deration, perhaps not unreasonably so. The ' stuff ' of which Constitution
it was composed was described as of the ' most wretched quality ' of Police
Force again
The poor wages they received were said to be greatly the cause discussed .
of the complaints ; for, with the wages offered , it was impossible Poor wages.
to make the force an attractive one. The European Constable
got only $ 15 a month, " very far below what the humblest in
the Colony required, " so that, in the case of steady men, they
only accepted the position in the hope of something better
turning up. But to this class, unfortunately, the chief objection
was the readiness with which they yielded to the temptation
offered by the many public houses about, and many of the
deaths among the European Constabulary were ascribed to Deaths
among
their excessive indulgence in ardent spirits, a great por- European
tion of which. sold by the low tavern-keepers, was of the Constabu
most abominable and deleterious description . Manila-men lary.
Excessive
were not considered suitable for many reasons ; they were drinking
of bad
unsettled in disposition , which prevented them remaining for liquor.
any length of time in one employ, besides which they were Manila
dangerous men when under the influence of liquor, and much men as
Policemen.
addicted to gambling, in which disputes frequently occurred
ending in fighting and bloodshed, Natives of Madras also were Natives of
Madras.
not thought suitable, but one class whom the Chinese , it was con-
sidered, held in greater respect was the " obedient , submissive ,
courageous , and not addicted to drink " Malay, but such a body The Malay.
of good, serviceable men would have required something more than
the pay offered , which was $6.50 per month. It is not known
where this information was obtained from, in regard to the good
qualities here given to the Malay. After many years' residence The author's
in the Straits Settlements, the author regrets to differ with the experience
opinion expressed as to the Malay as a Policeman . As a rule, Malay as a
Policeman.
he is indolent and given to lying, and not the best class enlist
generally, for the better Malay is proud and thinks the calling
of a Constable derogatory to himself. The discipline does not
suit him either, and although he manages to ingratiate himself
with the Chinaman, as a rule there is not much love lost between
them , and the one great objection to the Malay here would be
that he would never remain in a place like Hongkong.*
The author little thought that in the course of his reading he would have found
himself corroborated in his views of the Malay as a Policeman. An attempt made in 1857
to enlist Malays in Singapore for the Hongkong Police Force proved abortive. See infrà,
Chap. XVIII.
280 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. XII § I. Early this month was published " A Digest and Index of all the
1850. Ordinances of the Hongkong Government to the close of 1849 , "
--
Mr. Tarrant's the first book of the kind , -by Mr. William Tarrant, who has
index to the
Ordinances been before alluded to in this work and whose ill- treatment by the
of Hongkong. Government had gained him the sympathy of the public. The
Dedicated work was dedicated , by special permission, to the Chief Justice,
to the Chief
Justice . and was favourably reported upon by Mr Sterling, the Attorney-
Mr. Tarrant's General. If the Chief Justice had the slightest suspicion
case and his that Mr. Tarrant had been guilty of the offence put to his
treatment.
charge, there is not the slightest doubt that he would never have
consented to his name being attached to anything in connexion
with Mr. Tarrant, whose case undoubtedly added another stain
to the administration of Sir John Davis through Major Caine
He becomes in this particular instance. The work was a much - wanted one
proprietor and was well received , doing Mr. Tarrant great credit. In
and
The editor
Friendof regard to the latter, it may here be recorded that in June, 1850 ,
ofChina. he purchased and edited the local newspaper called The Friend
of China and Hongkong Gazette.
Land. The Committee appointed last year to inquire into the tenure
Report of
Committee. of land in the Colony* made their report in a joint letter dated
the 18th May, 1850. The Committee on this occasion repre-
sented the difficulty, which then already existed , of disposing of
Inability of landed property in consequence of the inability of lessees to
lessees to
transfer a transfer a sub-division of their lots . In many cases several
sub-division houses were built upon one lot, and it was considered convenient
of their lots. for the owner to dispose of a portion or portions of it, which ,
The report under the prevailing system, he was unable to effect. The Com-
of the mittee then recommended that such sales and transfers be per-
Committee.
mitted , and fresh titles granted by Government, stating that
the restrictions then felt would thus be removed, and an enhanced
value be given to property in the Colony.
The China Pending the publication of this report, The China Mail news-
Mail upon the paper published a further articlef in its issue of the 13th June,
subject.
1850 , as follows :-
" The report of the Committee on the tenure of Crown lands in this Colony
is understood to be at length in the hands of Government, and will probably
be sent Home as soon as His Excellency the Governor returns from the
north. In the meantime there are many reasons which render it desirable
that it should be printed for general information. It will be remembered by
many that the report of the Land Committee of 13th January, 1844, was not
open to the parties affected by it until it was published by order of the Parlia-
mentary Committee at the end of 1847 , and that it was then found to have
been concocted with great disregard to the impartiality that ought to actuate
the proceedings of such a body. The same thing is not apprehended in the
present instance, but as it appears to be generally known that the three mem-
* Antè Chap. XI ., p. 266.
For previous article, see antè Chap. XI., p. 266,
See Chap. I., p. 36.
MR. STERLING ON THE DIVISION OF LAND LOTS . 281
bers of the Committee, who may be said to represent the Crown, differ in Ch. XII
---- § I.
opinion from the two members who are supposed to represent the community, 1850.
publication only becomes the more necessary that the community might be
enabled to supply information and offer suggestions that may have escaped
the notice of their representatives.
It has been often said by our officials that the holders of land purchased it
with their eyes open, and that in consequence they have no right now to
complain. This would be very true if the remark applied to a chest of opium,
or a bale of cotton, or any article of consumption ; but it is a manifest fallacy
when applied to the annual rental of land for a term of seventy-five years.
It would, however, be no difficult matter to prove that the community had not
their eyes open, for instance, at the land sale of January, 1844 ; they were
not open to the 13th clause of the Supplementary Treaty, nor to the Regis-
tration Ordinance, nor to any of the after measures of the land sellers , so
distasteful to the Chinese, nor to the establishment of monopolies, a mode of
raising revenue which all writers agree to be most grievous and destructive
to commercial prosperity. No Englishman could have calculated at the sale
on such conduct from his own Government, as that trade, the advancement of
which is the object of so much solicitude in his own country, should be thus
stunted and trampled on in one of its colonies.
At the first land sale under Sir Henry Pottinger, and probably at others,
a copy of the lease was read as the conditions of sale. In terms of that
lease, the tenant holds his land, " together with all easements, profits, commo-
dities, and appurtenances whatsoever." There are certain reservations to the
Crown in case of the land being required for public purposes ; all mines,
minerals, and quarries of stone, marl, clay, chalk, brick-earth, gravel,
sand, stone and stones, are also reserved, with the further condition that the
ground rents shall be paid clear of all taxes, charges, and impositions what-
soever. It would therefore appear that the alienation of profits, by the sale
of monopolies " giving to oue or a few individuals the sole privilege of buy-
ing, selling, making, working, or using of anything," is, besides being contrary
to the law of England, a direct violation, on the part of Government, of the
only covenant in the lease that is in favour of landholders .
If the proprietor of a street, after he had let most of his shops on lease,
were, by way of getting more revenue, to put a toll at each end, at which
to tax the customers of his tenants, the consequence would be that he would
not only depreciate the value of his shops to his tenants, but also of his own
unlet shops, and people would naturally turn to the untaxed thoroughfares,
to which the trade of the other would also be removed , and it would not readily
return to the first street even if the barriers were taken away. Suppose it
was afterwards found that the barriers had been erected illegally, contrary
both to lease and law, would not an action for compensation lie against the
proprietor for all damages sustained ?
Such then is the situation of the Crown tenants of Hongkong in relation
to their Government-they have a claim for injuries sustained by the opera-
tion of monopolies for the past, and a reduction of rents for the future. This
would be the case were the matter between two individuals, and there can
be no difference of principle when the case is between private individuals and
the Crown." The opinion
of the
Upon the subject of the inability of the Crown lessees to Attorney-
General, Mr.
divide their lots into portions, the Governor , Mr. Bonham, Sterling,
took the opinion of the Attorney - General, Mr. Sterling , who upon the
inability of
gave his opinion in August , 1850 , as follows : - Crown
lessees to
"The Crown lessee unless prohibited by his lease may make sub-leases ; divide their
this being so, house property is similarly circumstanced here as in all towns lots in
in England. portions.
282 HISTORY OF THE LAWS , ETC. , OF HONGKONG,
Ch . XII § I. " If in any case the Crown be willing to adopt the under-tenant as its
immediate lessee it can do so (supposing there be no liens or encumbrances
1850.
attaching to the head lease), in its own discretion, by accepting a surrender
in writing of the head lease, and then granting two leases of the original lot
as apportioned by the two tenants, but in doing so or in any other way in-
terfering with the title created by the first lease, the danger will arise of
interfering with the securities and remedies of unregistered encumbrances or
creditors having or about to obtain executions.”
(Signed) PAUL STERLING.
August, 1850.
Mr. Bonham then wrote to the Secretary of State upon the
subject ( despatch of the 29th August, 1850 ) in which he stated
that, in his opinion , it would be well that parties should be al-
lowed to dispose of portions of their properties, as recommended
by the Committee ; but thought the concession might be open to
much abuse in cases where any party, having a house erected
on a large lot of ground, might be desirous of getting rid of a
part of the ground to a man of straw, because it was useless to
himself, while the individual to whom it was sold, having no
property in the Colony, might quit it, leaving the Government
without any means of enforcing its just claim .
First A Criminal Sessions of the Supreme Court was held on Mon-
Criminal
Sessions day, Tuesday, and Wednesday, the 15th, 16th, and 17th June,
after under the presidency of Chief Justice Hulme. Twenty- four
abolition
of Vice- cases were set down for trial, including cases of piracy. The
Admiralty abolition of the Vice- Admiralty Court by a recent Act of Par-
Court.
Act 12 and liament ( Act 12 and 13 Vict., c. 96 ) had nominally added to
13 Vict.,
the labour of the Court, though in point of fact both the Court
c. 96.
and Jurors were saved a great deal of labour. The Court of
The jury Admiralty required a Grand and Common Jury of at least
saved
considerable twenty-four, and to provide a double set of jurors, the Sheriff had
labour. to summon nearly every eligible person on the island. In the
No Grand Criminal Court there was no Grand Jury ; the Common Jury
Jury. only numbered six. Consequently for each Sessions from fifteen
to eighteen Jurors sufficed , and for the future the duty would
be comparatively light.
Court held The Court was now held in the large upper room , the one
in large
upper room still in use to this day. It accommodated as now a large num-
for
Thefirst
accotime.
m- ber of people, and the middle portion was railed off and fitted
modation. up with benches. Members of the press were privileged with
chairs at a table inside the bar where it still is, and a hope was
The Press
reporters. expressed that " they would testify their regard for the atten-
tion shown for their accommodation by appearing there in the
ordinary garb of gentlemen . "
CHINESE OATHS . 283
One important case tried at this Sessions, was that of the ch. XII § I.
pirates captured by H.M. Sloop Reynard. Ofthe fourteen men 1830.
brought up for trial, three were found guilty of murder and Pirates
captured
piracy, and sentenced to death ; nine were sentenced to trans- by H.M.S.
portation for life -the heaviest punishment in the power of the Three
yard.
Judge to inflict, and two were able to prove to the satisfaction sentenced
of the Jury that they had been prisoners in the hands of the to death and
nine
pirates and were, of course , acquitted . transported.
Another important case was a prosecution for perjury, the First
tion
first ever tried in the Colony, -an offence though of frequent prosecu
for perjury
occurrence never prosecuted before, possibly in a great measure in Hongkong.
from want of harmony in the working of the different tri-
bunals ; so that a witness, who had sworn one thing before
the Chief Magistrate, was permitted with perfect impunity to
swear the very reverse before the Chief Justice, having evi-
dently been tampered with in the meanwhile. The evil had Opinion
prevalent
been increasing because the opinion prevailed among the Chi- print
among
nese that the offence was not a punishable one by our laws. offence
Chinesenot
that
There could be no doubt of the prisoner's guilt, but a good deal punishable.
depended upon whether it amounted to perjury, for, according to
the testimony of Mr. Hillier, the Chief Magistrate, -a very com- Thenytesti-
mo of
petent authority in such matters at this stage of his career, -when Mr. Hillier.
questioned by one of the Jury, it would appear that the oath,
although the usual one administered to Chinese in the law
Courts, was really no oath at all. The following was the sub- Oath no oath
at all.
stance of Mr. Hillier's evidence upon the point : " He was in
his Court on the 12th February last when a case was brought
before him in which the present prisoner charged another man
with highway robbery and in giving his evidence said ' he never
saw defendant before, had had no dealings with him, and owed
him no money.' The man had been sworn by burning paper, How Chinese
were sworn
the manner in which Chinese are sworn in Hongkong. An affir- in
eHong-
mative or negative given to a question in this way would affect kong.
The prisoner
his decision, but as regards his opinion of its efficacy in making had been
a Chinese speak the truth, witness thought it was of no effi- sworn by
'burning
cacy at all." Whence came the absurd custom of giving Chi- paper."
nese witnesses a slip of paper to burn before entering the Efficacy
such oathof
.
witness -box cannot be discovered, but it is believed that no
of
Chinaman or foreigner conversant with Chinese customs ever arginof
considered it of any efficacy whatever.
In this part of China, it was believed by some that there was Ceremony of
but one ceremony binding, and under which many natives cutting a cock's off
would speak the truth, or at all events be less likely to preva- head as part
of an oath.
ricate. It is recorded in one case that a prisoner, when asked if
he had any questions to put to the witness , replied that it would
be of no use as the man felt under no obligation to speak the
284 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. XII § I. truth , and therefore begged that he should be re- examined after
1850. going through the ceremony of cutting off a cock's head ; but the
by presiding Judge seemed to consider the demand unreasonable
the Court
to depart and refused to depart from the usual routine of the Court,
from usual
routine. though the Court seems afterwards at least to have sanctioned
Qath by in certain cases this mode of swearing according to native cus-
cutting off tom, as will be seen hereafter. *
cock's head!
recorded.
Chief In pronouncing sentence in the present case, the Chief Jus-
Justice's
sentence . tice stated that, though he believed this was not the first offence
Although of the sort that had been committed, it was the first that had
first trial been brought to trial ; and he would therefore visit it with a
for perjury ,
not first severe sentence which he trusted would operate as a warning
offence. to others, and he accordingly sentenced the prisoner to two
The sentence. years ' imprisonment with hard labour.
Practice
heretofore It would appear that it was not the practice of the Court up
of not to this period to require witnesses to leave the Court to await
requiring their turn while the cases in which they were interested were
witnesses
to leave being heard, for a suggestion was made in the course of this Ses-
the Court.
sions by one of the Jury that the witnesses should be ordered
out of Court, while the trial was going on. The suggestion was
acted upon, and, as was remarked , would probably be so again
should a juryman or , what was unlikely, a prisoner require it ;
but why, was it asked, was it not made an absolute rule of
Rule in Court as in Scotland , where witnesses were not only excluded,
Scotland.
but must be locked up in a separate room, the omission of this
being a good objection to their evidence being received . This
would do more to secure the ends of justice than a rigid
adherence to forms or inflicting " the utmost rigour of the law "
when a conviction was obtained.
Interpreter On the 16th April, the Government advertized for a person
for Malay,
Hindustani, competent to interpret in the Malayan, Hindustani, and Portu-
and Portu- guese languages, and on the 26th it was notified that the duties
guese
advertized of the Census and Registration Office would be conducted by
for.
Duties of Mr. May, Superintendent of Police, from the 1st May.
Census and
Registration The Governor and Mrs. Bonham left for the northern con-
Officer
performed sulates on the 27th April, Major - General Staveley, C.B. , Lieut-
From the very carliest days in the Straits Settlements, this custom has been adhered
to. Natives of whatever class who have asked for the privilege of being allowed to take
an oath, according to the belief of their own sect, have seldom been refused it, especially
when consented to by the other side. This is so much the case, that recently when re-
enacting the law of Evidence in the Straits, [ Straits Ordinance No. 5 of1890, 88. 8, 9 ] pro-
vision was made giving authority of law to the principle. The following is one of the
instances referred to : -April 13 , 1883. Lim Guan Teet v. Yew Boh Neo and Anor,
Action on a Promissory Note. Ford, J. " By consent of both parties, if plaintiff goes to
swear according to Chinese custom by cutting off head of a cock, and burning joss sticks
before the temple in Pitt Street, he shall have verdict, if plaintiff refuses to do so, there
will be verdict for defendants.” Kyshe's Rep . S.S., Vol. 1., [ Jud. Hist. ] p. xxxv.
CONVICTS STEELE AND NEWTON ESCAPE FROM GAOL. 285
enant-Governor, administering the Government during the ch . XII § I.
Governor's absence . It was understood that the state of Mrs. 1850.
Bonham's health afforded too good a reason for the trip, and the by Mr. May,
Superin
diplomatic and ornamental staff which Mr. Bonham took with tendent
him portended also some affairs of State. The Governor did not of Police.
Governor
return to the Colony till the 18th July, when he re-assumed leaves for
duties. northern
consulates.
The three Chinese who were condemned to death for piracy at Major-
General
the last Criminal Sessions were hanged at West Point on the morn- Staveley
ing of the 1st May. They seemed perfectly cool and resigned until acts.
Cause of Mr.
placed upon the scaffold, when, in consequence of some gross Bonham's
carelessness, the bolt was found to be either rusty or twisted, so tour.
that it would not draw, and the poor wretches were kept standing Convicted
pirates
for more than twenty minutes with the ropes round their necks. hanged at
West Point.
During this trying time two of them fainted and had to be sup, Disgraceful
ported on the scaffold , the third calling out " be quick, be quick, " scene at the
until, every other plan having been tried in vain, the gaoler went execution.
off to the naval stores and returned with two hammers , by
means of which, after a deal of labour, the bolt was forced from
its socket and the platform fell. With whom the blame rested, Theauthor-
ities blamed.
the authorities were best able to judge, but certainly such neglect,
it was remarked , ought not to be overlooked , more especially
as a similar incident occurred at the execution of the six men
referred to in June , 1849. *The mishap was attributed to the old Old and
rickety state
and rickety state of the gallows , and fears were entertained by ticket
the spectators that it would be dragged to pieces by the hang- gallows.
man in his desperate though unsuccessful efforts to draw the bolt.
During the absence of the Governor, as stated above, the Prisoners
Lieutenant- Governor, Major- General Staveley, C.B., by procla- pardoned
on Queen's
mation dated the 23rd May, granted a free pardon to no less than Birthday.
eighteen prisoners, sixteen of whom had been sentenced by the
criminal tribunal and two by Courts- martial. The occasion
fixed for this act of grace was the Queen's Birthday, and it was
hoped that a custom originally, it was thought, introduced into
the Colony by Mr. Johnston, the Secretary to the Plenipoten-
tiary, would be kept up as a means of tempering the severity
and mistakes, not always inexcusable, of our criminal proce-
dure. The next day, the 24th, two European convicts , named European
convicts
Steele and Newton, who had not been included in the above Steele and
proclamation, escaped from gaol by means of a bamboo placed Newton
escape.
against the wall. They were both , some hours after, re-captured
dead drunk in the town. Steele was the publican who was form- They are
erly in the Police, and had been sentenced to twelve months' re- captured
dead drunk.
imprisonment in February last for assault with stabbing,† and
Newton was the mate of the Gallant sentenced in November,
* Antè Chap. XI., p. 241.
† Antè p. 276,
286 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
**
Ch. XII § 1. 1849 , to twelve months for larceny on the high seas." They, as
1850. well as another prisoner named McIlroy, who had assisted them
They and in effecting their escape, were committed for trial at the July
a fellow-
prisoner, Sessions. When information of their escape reached the Police
Mcllroy, it would appear that every means possible was used in order to
who had
aided effect their re-capture, the harbour and boats being searched
them, are lest the men should get away.
committed
for trial. In his zeal to arrest these men, a Police Sergeant named de
Zeal of the
Police before Silva , imagining that the men might be on board a Chinese boat
the arrest
of the which he saw sailing away, hailed it, but, finding no attention
escaped paid to him, he fired a shot through the sails killing the owner,
convicts.
A Police à Chinaman. At the Coroner's inquest the next day, the Jury
Sergeant returned a verdict of " accidental death ;" but this undue preci-
shoots a
Chinaman. pitancy and want of caution does not appear to have met with
Verdict of any other redress than the ordinary strictures of the press. It
accidental
death. may be added that the deceased's two sons were with him in
Strictures the boat at the time .†
of the Press.
Mr. Caldwell Mr. Caldwell, the Assistant Superintendent of Police , now came
rewarded.
in for a share of public praise. It was with pleasure that the
public had heard that he was about to be rewarded for his arduous
services. He had received the further appointment of paid
He is
appointed Interpreter to the Supreme and Chief Magistrate's Courts, which
interpreter added £ 150 per annum more to his salary, and which made up his
to the
Supreme income as Assistant Superintendent of Police, Joint - Assessor of
and Chief
Magistrate's Police Rates, and Interpreter, to about £ 600 per annum. On the
Courts. representation of the Governor to Lord Grey, setting forth the
His income
in the other important services rendered by Mr. Caldwell throughout the recent
positions. expeditions for the suppression of piracy, the Secretary of State
On the addressed the Lords of the Admiralty in his favour, and they
representa-
tion of the were pleased to order that Mr. Caldwell be held entitled to head-
Governor
to Lord money after the rank of a lieutenant . This yielded him some
Grey, he is £ 600. Though it is not wished to disturb the ashes of the
allowed
head- dead, it is impossible at this stage to pass over Mr. Caldwell's
money for conduct as a responsible police officer in regard to the confidence
suppression he had placed in the pirate and informer Too Apo , as reported
of piracy.
Mr. Cald- in January, 1848 , notwithstanding the reason he had for sus-
well's
conduct pecting that this miscreant was taking advantage of the ' credit '
in the past given him . The facts were so palpable that one hardly knows,
concerning
Too Apo. having regard to the consequences that ensued, how to qualify the
behaviour of such an officer under the circumstances. However,
the facts are recorded and one can draw one's own inferences,
and Mr. Caldwell probably was not the only one to blame.
Comparison In June, a Singapore newspaper alluded to the superior
drawn
between mode of conducting the civil business of the Supreme Court
* Antè Chap. XI., p. 262.
See the previous case of shooting at Chinese in the harbour -antè Chap. x., p. 209 .
See antè Chap. IX., pp. 189-192, and references there given .
DEATH OF MR . F. SMITH, DEPUTY REGISTRAR, 287
in Hongkong where all cases , irrespective of amount, were tried, Ch. XII § 1.
compared with the former place where the people were left to a 1850.
Commissioner of the Court of Requests, who was not a profes- trial of
civil cases
sional nor a highly paid official. The remark passed here was, in Hong-
that it was very easy to fancy things, " but if Singapore had kong and
Singapore.
had such a ' beauty ' for a Judge as the people here were ac- Commis-
quainted with in 1848 ( allusion being made to Mr. Campbell , sioner of
who, even at this late period, still came under the invectives of Court of
Requests
the public29press ) , his services would have been found dear at not
in Singapore
a
any price.' professional.
On the 14th June, it was notified that Her Majesty the Queen bell
Mr. alluded
Camp
had been pleased to appoint Messrs. David Jardine and Joseph to as a
Frost Edger, elected in December last by the Justices of the ' beauty.'
Appointment
Peace for the purpose, * members of the Legislative Council , M
and they were sworn in accordingly. Jardine and
Edger as
A seat in the Legislative Council is the highest honour which members
of the
can be conferred in a Colony, though it is a fact within the Legislative
author's own knowledge that several times leading mercantile notified.
Council
men in the neighbouring Colony of the Straits Settlements They are
have shown, for some cause or another, their lack ofappreciation sworn in.
of the honour sought to be conferred upon them, by declining the
A seat in
Legisla
it . In the present instance, however, the honour was enhanced tive Council
from the circumstance of the nomination of the two unofficial as an
honour.
members having been left to the unbiased selection of the
Justices of the Peace, themselves leading members of the civil
community. The new members would have but limited power-
that of advice, but the gentlemen now added to the Council were
possessed of qualities which assured one that for the future an Limited
powers of
independent expression of opinion would not be withheld upon the elected
members.
any subject of importance to the community.
Mr. Frederick Smith, Deputy Registrar of the Supreme Death
Mr. F. of
Court, died at Macao , on the 16th June, 1850. He had been smith,
in failing health for some time, and when he left for Macao for a Deputy
Registrar.
change, it was not expected he would ever return . The de- His career.
ceased had been upwards of six years in the public service,
having succeeded Mr. McSwyney upon his resignation of the
Deputy Registrarship, † and was an efficient and zealous officer ,
with an irreproachable character. Out of his small salary he Public
could make no provision for his widow and family, who now liberality
and
mourned his loss . The Lieutenant-Governor, in the absence sympathy
to his family.
of the Governor, and the members of Council, with praiseworthy
liberality, accordingly granted Mrs. Smith £ 100 from the civil
chest, and Messrs. Jardine, Matheson & Co. , on being applied
to for a passage in one of their ships for Mrs. Smith and family,
* Antè Chap. XI ., p. 261 .
† See Chap. III. § II., p. 83.
288 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. XII § I. presented her with £50 . Messrs. Dent & Co. gave a donation
1850. of £ 30, and there were similar instances of generosity on the
part of other members of the mercantile community, testifying
to the respect in which Mr. Smith had been held.
Office of Consequent upon Mr. Smith's death, the office of Clerk of the
Clerk ofthe
Court and Court was merged with that of Deputy Registrar, and conferred
Deputy upon Mr. William Hastings Alexander, the Clerk of the Court.
Registrar
merged and It was not expected that public interests would be essentially
conferred
upon Mr. benefited by the burdening of one man with the two offices, to
W. H. save a trifle like £ 250 per annum. The Registrar's time at
Alexander.
The time this period , it is recorded , was fully engrossed with intestate's
of the estates and attendance in Court.
Registrar.
Establish- At the time of Mr. Smith's death, the Supreme Court was
ment of the thus constituted : Chief Justice, the Honourable J. W. Hulme ;
Supreme
Court at
Registrar, Robert Dundas Cay ; Deputy Registrar, Frederick
this period. Smith ; Clerk of Court, W. H. Alexander ; Clerk to the Chief
Justice, G. A. Trotter ; Clerk and Chief Usher, J. Smithers ;
Chinese Interpreter, D. R. Caldwell ; Malay and Bengali Inter-
preter, Eugenio L. Lança ; Bailiff, M. Smithers ; Assistant
Bailiff, Mr. Crooke ; Mahomedan Priest , Syed Muckseff.
July The July Criminal Sessions commenced on the 15th of that
Criminal
Sessions. month. There were eleven cases on the calendar. A few
Case of
only of the cases tried call now for special notice . The first of
conspiracy
to sell a these was conspiracy to sell a young girl for purposes of
girl for
prostitution. Three of the parties concerned were indicted , one
purposes
of prostitu of whom was acquitted from defective evidence, and the other
tion. two, a man and a woman, were convicted and sentenced to a
A man and
woman year's imprisonment with hard labour, the principal witness being
convicted
and probably the most culpable of the whole. Next morning, on
sentenced. the assembling of the Court, the jury who had sat on the case
They are were again empanelled , and informed by the Chief Justice , that
found to
be man and as it appeared the prisoners were man and wife, and therefore one
wife and are in the eye of the law, they must be acquitted since it required two
discharged,
two being persons to make a conspiracy. * That the prisoners were guilty
required to a and deserved punishment there could be no doubt, and they now
conspiracy.
escaped by a technicality . What had occurred only the more
confirmed the impression , if not opinion, so openly expressed
English
Criminal before, that the law as administered in the Criminal Court of
Law unsuit Hongkong was, to say the least, not suitable to the great majority
..able.
Chinese of cases brought before it. Was it therefore wonderful that the
neither
* Two were required to constitute a conspiracy, but a different doctrine was pro-
pounded in the now well-known case of Mr. Tarrant, who was indicted as a sole conspira
tor, and had the case been brought to trial this point presumably, if taken, would have
been a fatal objection, but apparently it was contrived to punish him beforehand by sus-
pending him from his office and then effectually preventing his ever being restored by
declaring it abolished. - See antè Chap. VIII. § 1., p. 170, and Chap. XI. , p. 239.
† On this point, see antè Chap. XI., p. 264.
CONVICTED PIRATES SENTENCED TO DEATH . 289
Chinese could neither fathom our justice nor understand our Ch. XII § I.
law ? But another question arising in this matter was, how 1850.
came the indictment to be so framed and why was not the fathom our
justice nor
objection seen to and provided against before the trial ? As was understand
very properly remarked, there were two Police Magistrates and our law.
Legal
an Attorney - General, all well paid and certainly not over- worked , flaws again
and yet, Sessions after Sessions, cases were set down for trial commented
upon.
which, even without the handling of prisoner's counsel , fell to Police
pieces by their own inherent weakness , or through some legal and Magistrate
Mr.
flaw, which, it was said, an attorney's apprentice at Home would Sterling.
be ashamed to have overlooked . Attorney-
General,
The next case was that of Steele , Newton , and a lad named taken to task.
McIlroy, for prison - breaking on the 24th May last. * Steele, it Trial
Steele,of
will be recollected, was the ruffian who got off with twelve months ' Newton,
imprisonment, though a Chinaman for a similar crime was con- and Mellroy
for prison-
demned at the same Sessions to fifteen years' banishment. It breaking.
was a pity that, as he had incurred the penalty of transportation , it
was not inflicted upon Steele as the best means of ridding the
Colony of one especially mauvais sujet. Being, however, a fellow
of determination, he exercised complete control over Newton , a Newton,
man greatly his superior in disposition and education, and who an educated
man.
at his trial addressed the Jury in a speech which was not only
superior to any hired eloquence ever heard in the local Criminal
Court, but which, it was reported, was positively excellent .
He showed pretty clearly that the offence could hardly be Facilities
classed as prison- breaking seeing that the facilities for escape for escape
were so great; that he went out on the Queen's Birthday to great.
Only
have a spree, and did have one in a place where he might • went out '
readily have been and was recognized ; and that, as only a for of prison
a spree
short period of his former sentence had to run, it was not pro-on the
bable he would run so much risk for so little profit, for had he Queen's
Birthday.
intended to leave the Colony, which he might easily have done,
he could have taken his property with him and used it to
facilitate his escape instead of leaving it behind. In fact, it
would appear that he and Steele calculated on being able to slip Newton
and Steele
into, as they had slipped out of, prison, unobserved , and thus enculated on
established a system of exits and entrances whenever they took ' slipping in
as they
a fancy for a " spree " or could induce their keepers to partici- had slipped
pate in same. So the Gaol, which cost so much, and was so out.'
The costly
ill-managed, could not have been so very bad a place after all. Gaol not
Steele was sentenced to three months' additional imprisonment, so bad a
place.
Newton to two , and the boy McIlroy was fined one shilling, Sentence
giving one an idea of the Chief Justice's opinion of the gaol in prisoners.
on the
those days.
Ten Chinese (Chun Ahtsup and others ) were sentenced Ten Chinese
sentenced
to death for piracy with stabbing at this Sessions, to nine to death.
Antè p. 285.
290 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. XII § I. of whom the Chief Justice stated he could hold out no
1850. hope of mercy. A bundle of clothes lying on the floor of the
Articles of Court House was sworn to by two of the witnesses without
evidence
abstracted examining it or being asked to do so, the bundle outwardly
after trial. presenting every appearance of being the same as had been
sworn to before the Police Magistrate. But after the
trial was over and the bundle given up to the claimants, the
The
Attorney- witnesses discovered that the best articles of apparel had been
General abstracted, and others, old and worn , substituted. The fact was
says he will
speak to subsequently mentioned to the Attorney- General who said he
the Sheriff.
would speak to the Sheriff, but he was requested rather to speak
to the Judge .
Indignant Indignant at the strictures passed upon him by the local
at the
strictures press at this Sessions , Mr. Sterling wrote to a local journal
passed requesting the removal of his name from the list of sub-
upon him,
Mr. Sterling scribers . This seemed childish for a man of Mr. Sterling's
requests standing and ability, for undoubtedly the remarks seemed very
a local
journal to à propos, but human nature is weak and this was but an ex-
remove his
name from ample. " Nothing," added the journal, " will convince us or the
list of public, that the strictures on the mode in which the criminal
subscribers .
Comments. business of the Colony is conducted have been uncalled for."
First In justice to Mr. Sterling, however, it is but right to say that
recorded
unplea- this is the very first time anything unpleasant to him can be
santness traced in the records from the date of his arrival in the Colony.
concerning
Mr. Sterling. On the 24th July, Mr. Gaskell was gazetted Her Majesty's
Mr. Gaskell
gazetted Proctor in Admiralty. He was the oldest resident solicitor in
Proctor in
Admiralty. the Colony. Mr. Wm . D'E . Parker had been gazetted to act
in this capacity for his brother on the departure of the latter in
September, 1849, and why he did not keep the appointment is
not shown .
Hongkong in
the House It was gratifying to find that Hongkong had at last at-
of Commons, tracted the earnest attention of the House of Commons. On
The annual the annual grant for the Colony being proposed on the 22nd
parliament July, the Honourable Francis Scott took occasion to move an
ary vote
discussed . amendment which was supported by independent members of
all shades of politics and lost by a narrow majority of twelve
only. A great advantage had been gained which in its results
would prove better than if Government had suffered a defeat by
which the Colony must have been brought into evil odour with
Salaries of
the Colonial Office. The salaries of the Governor at £ 6,000,
Governor,
Chief Justice, the Chief Justice at £ 3,000, the Attorney-General, with private
Attorney-
General, practice, at £ 1,500 , and the Chief Magistrate at £ 900, formed
and Chief the subject of very severe criticisms . It was regretted that it
Magistrate
criticized. did not occur to any of the speakers that the true remedy for
the existing evils was to be found in an entire change in the
* Antè Chap. XI ., p. 255.
GOVERNOR BONHAM INTERFERES WITH C. J. HULME'S SENTENCES . 291
system of Government, not in curtailing the expenses of the Ch. XII § 1.
then existing one. It would have been a breach offaith to reduce 1850.
the salaries of the existing holders of office, and it was not such
parings down as honourable members argued for, that the com-
munity asked for, but some measure of self- government and the
making of their own laws.
A proclamation on the 1st August commuted the sentences Commutation
of death passed upon the nine Chinese at the July Criminal of death
t
Sessions ( Regina v. Chun Ahtsup and others ) , to whom the passed on
Chinese, to
Chief Justice had said he could hold out no hope of mercy, to whom Chief
transportation for life.Surrounded on every side by hordes of Justice
had held
pirates whose very existence was dependent ou robbery ; whose out no hope
hands no law of humanity ever stayed from adding to the of mercy.
crime of robbery, that of atrocity and murder, the advisedness leniency
Misplaced
of the clemency which the Governor had on this occasion put of the
forth was questioned , honourable as it was to His Excellency's Governor,
feelings . It made a precedent which could not readily be broken
through . It is a safe proposition that the punishment of death
is misapplied whenever the general feeling it creates is that of
compassion for the criminal, but what compassion would these
condemned miscreants have received had their sentence been
fully enforced ? -none from the foreign community, and none
from their own countrymen, except from among those whose
lives were like what theirs had been . It may have been that in
the attacks made last year by Her Majesty's vessels on the piratical
fleets, both westward and eastward , many innocent lives were sacri-
ficed. This was not a far- fetched presumption , and , could proof
be adduced that such actually took place, compassion and pity
would not have been wanting ; but in the present case the most
clear and irrefragable evidence was adduced that the men were not
only pirates, but murderers. Moreover, they never denied their
guilt, but, in supposed extenuation, charged the witnesses with
aiding in their cruel deeds, and the mercy shown to them by the
Governor was by them in the last degree undeserved . The first,
and happily until this, the writer is glad to say, the only English Example
man condemned to death by the Criminal Court of this Colony, required prevent to
the unfortunate Ingwood in July, 1845 , was hanged for murder Chinese from
perpetrated in a drunken frolic. Death punishments to be committing
up- piracy
held at all, can only be for the sake of example. No such example and murder.
is required to keep Englishmen from tying together the hands
and legs of a countryman and throwing him into a river ; but
unhappily example is required to prevent Chinese from commit-
ting piracy and perpetrating murder, which they will as readily Comparison
with our
execute on our countrymen as on their own . If an example own country-
was necessary to prevent our fellow-countrymen from commit- men.
See the case of the sailors Gibbons and Jones, Chap. XXVI., infrà.
† Ante Chap. III. § II . p. 84.
292 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. XII § I. ting a crime to which , thank God, they are not habituated , how
1850. much more necessary are examples to restrain Chinamen from
committing crimes to which they are so prone. The Governor
Fresh
probably would find himself hampered when next he was brought
facts
justifying to deal with a case of murder. It may have been that since
clemency. their conviction fresh facts justifying the clemency extended to
the men had come to the knowledge of the authorities, but, in
ignorance of such, the community were not wrong in expressing
their sense of disapproval at the action of the Government.
They were not bloodthirsty, but could not forbear their opinion
Interference that mercy had been misapplied. Men had been sentenced to
with the
Court's death in the Supreme Court on very doubtful evidence, to
decision the say the least, as witness the cases in which the infamous Too
cause of
friction Apo had been concerned . * But in the present case they
with the stood self-convicted. The cook had confessed to the murder of
Executive.
some ten or eleven persons with his own hand. The public
concurred in saying that it was impossible to understand why
these men were not hung. The blood of the murdered men was
still to be seen on the deck of the vessel and cried aloud for
vengeance, and not unnaturally therefore this interference with
the sentences of the Court gave rise to unnecessary friction be-
tween the Bench and the Government, the Chief Justice, at the
February Sessions, 1852 , declining to sentence to death several
prisoners found guilty of murder, owing to the leniency of the
Governor in the present case.
Passage for A passage to Penang for twelve Chinese convicts was ad-
Chinese
convicts vertized for on the 4th September.
to Penang.
During this month a terrible massacre occurred on board the
Massacre
on board French ship Albert, on her passage from Cumsinginoon to Callao.
French
ship Albert This vessel had on board a batch of one hundred and eighty
by Chinese coolies , some or all of whom suddenly rose, killed the captain
coolies.
and threw him overboard, and with him the first and third
mates, a passenger, and the cook. Of the one hundred and eighty
shipped, one hundred and thirty- two decamped from the vessel,
leaving on board forty- eight of the most helpless, who came into the
Arrest of harbour in the vessel. The whole of them were, of course, arrested
the coolies. by the Police, and having been taken before the Chief Magis-
trate, underwent a most lengthy and searching investigation.
The investi- This investigation, which occupied some seven or eight days,
gation. resulted in the committal of all of them to prison to be there de-
tained, under an express order from His Excellency the Governor
to the Chief Magistrate, to await the determination of the French
Lengthy Minister regarding them, and in prison they remained until the
detention
in prison. 1st April, 1851 , when they were duly handed over to the
French authorities on board the French Corvette La Capricieuse.
Having got these unfortunate men off their hands, and the bill
* Antè Chap. IX. , pp. 189-192.
MR. BONHAM MADE A K. C.B. 293
paid for their keep , during their seven months' incarceration, the ch. XII § I.
authorities doubtless felt perfectly satisfied that they had done 1850.
their duty .
Rear - Admiral Charles John Austen , C.B. , who had succeeded Admiral
Austen
the late Admiral Sir Francis Collier as Commander-in - Chief on succeeds
the China Station, arrived in Hongkong for the first time in the Sir F. Collier.
flagship, H. M. S. Hastings, on Thursday, the 10th October.
The October Criminal Sessions opened on the 15th. Two Chi- October
nese convicted of piracy were sentenced to death, while Edward Criminal
Sessions.
Cousens and Edward Neill, of the British ship Kelso, for causing Pirates
sentenced
a revolt on board and running away with the ship, were sen- to death.
tenced, the first, to transportation for life, and the second, to Case of Ed.
Cousens
transportation for fifteen years. and Ed.
Neill, of
Mr. Caldwell sailed on Tuesday, the 29th October, in the Rob the Kelso,
Roy, on three months' leave for the benefit of his health. As aforrevolt
causing
on
Assistant Superintendent of Police he was replaced by Mr.board.
The sentence,
Clifton, a deserving police officer, but in his other duties, as
The
Mr. sen
Caldwell
Chinese Interpreter especially, the want of his services was
takes leave.
Mr. Clifton
much felt. acts as
Assistant
On the 7th November, twenty-four Chinese convicts were sSuperinten-
dent of
shipped on board the Eagle for Penang. Policc.
The London Gazette of the 22nd November , 1850 , announced Chinese con-
victs shipped
that " The Queen had been pleased to give orders for the appoint- to Penang.
ment of Samuel George Bonham, Esquire, Companion of the Governor
most Honourable Order of the Bath , Chief Superintendent of Bonham
knighted.
Trade of Her Majesty's subjects trading to and from the
dominions of the Emperor of China, and Governor and Com-
mander-in- Chief in and over the island of Hongkong and its
dependencies , to be an ordinary member of the civil division of
the second class or Knights Commanders of the said most
Honourable Order." The news was brought to Hongkong on
Monday, the 20th January, 1851 , by the P. & O. Steamer Pekin,
and seems to have given general satisfaction . The investiture The investi-
of the Governor took place at the Government Offices on Satur- ture.
day, the 22nd February, at a quarter to twelve, with all the
usual ceremony, Major - General Staveley, under a warrant from
Prince Albert, the head of the Order, investing Sir George
Bonham with the insignia.
The December Criminal Sessions opened on the 16th of that December
Criminal
month. None of the cases were of great importance, although Sessions.
before the trial of the case of Chum Ayee, charged with wound-
ing, the foreman of the Jury stated to the Court that he objected to The jury
the interpretation of Tong Achik, the Police Court Interpreter , interpreta- object to the
See antè Chap. XI., p. 259.
As regards Mr. Clifton's subsequent carcer, sce Chap. XXXI ., infrà.
294 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. XII I. doing duty in the Supreme Court in the absence of Mr. Cald-
1850 . well. The Chief Justice requested him to state the grounds of his
tion of the
Tong objection , but he declined to do so, fearing to say too much pro-
Achik,
Court Inter- bably, upon which the Chief Justice stated that " the grounds
preter. should be as open as the objection , " at the same time directing
The Chief
Justice says the other Interpreter of the Court to " check any erroneous inter-
'ground pretation ." Thus was repeated a complaint that was formulated
should be as
open as the at the very commencement of the settlement of the island , and
objection.' which has been touched upon frequently in this work, * and Mr.
Interpreta Caldwell's departure had now probably made matters worse.
tion question,
the repetition As regards the interpreter Tong Achik , as events proved
of an old
afterwards, the Jury were not altogether wrong, and probably
complaint.
had just grounds for objecting to him, he being dismissed from
Tong Achik the service in September, 1851 , after a committee of inquiry
afterwards
found unfit. had reported upon certain charges brought against him for
abusing his office , and trafficking with pirates.
Order that It was now reported that an order had been received from
interpreters the Home authorities which rendered interpreters ineligible for
be not eligible
for Consul- appointments to consulships . It seemed a strange circumstance ,
ships.
but still true , that the only interpreter in the Court was a
Scholars person who only understood the language orally- scholars
eschew the
Canton eschew the Canton dialect -and in consequence the proceedings
dialect. in the Supreme Court were lately conducted in the absence of
Mr. Caldwell, as seen above, by a Chinese upon whose inter-
pretation one of the Jurors had determined not to convict, and
luckily the evidence clearly led to an acquittal.
Governor But five Ordinances were passed during the year, still denoting
Bonham's
care as re- Mr. Bonham's care in not passing too hasty and unmatured
gards legis
lation. legislation . Of old the Colony had been inundated with Ordi-
nance after Ordinance. The tone of nearly all those which
were promulgated by Sir John Davis was considered so obnox-
ious, their requirements so exacting, and the fate of so many of
them being unfortunate, when scrutinized by the Home authorities,
that Ordinance- making in Hongkong had come to be looked
upon as farcical . The few which had been promulgated by Sir
George Bonham met with a fair share of criticism , and those
passed during this year could not be said to have been unim-
Ordinance portant or unnecessary, especially Ordinance No. 5 of 1850, re-
No. 5 of 1850. gulating proceedings before Justices of the Peace.
Ch. XII § II.
1851. By the despatch of Earl Grey to Governor Sir George Bon-
Land. ham, dated the 2nd January, 1851 , in reply to the Governor's
Despatch
Earl Greyofin despatch of the 29th August, 1850 ,† Earl Grey stated the con-
reply to Gov. clusions at which he had arrived, after a careful consideration
ernor
Bonham . of the papers before him. As regarded the system of selling
* See antè Chap. XI., p. 223.
† Antè p. 282.
CROWN LEASES . 295
Crown lands to the highest bidder at an annual rent, he was Ch. XII § II.
decidedly of opinion that, in future, biddings for Crown lands 1851.
should not be in the form of an advance of rent, but that any
such property should be offered for lease at a moderate rent to
be determined by the Crown Surveyor, and that the competi-
tion should be in the amount to be paid down as a premium for
the lease at the rent so reserved by parties desiring to obtain
it. And on the question of affording Crown lessees the power
of alienating portions of their lands, Earl Grey stated his opinion
to be that such a measure, if properly guarding against the
inconveniences suggested by Governor Bonham and the At-
torney-General, would be very desirable, and that it was a subject
which he was quite prepared to entrust to the discretion of the
local Government .
An Ordinance for the improvement of the law of evidence at Ordinance
No. 1 of 1851.
the trial of criminal cases before the Supreme Court was passed Depositions
on the 3rd January, 1851. It had been generally apprehended of absent
witnesses
that between the committal for trial of prisoners and before the rend at trial.
time for such trial, witnesses for the Crown had been removed
from the Colony ; in many instances by force or bribery , and ,
in order to counteract such practices, power was now given by
this Ordinance (No. 1 of 1851 ) to the Supreme Court to direct
that in a criminal prosecution the deposition of any Crown
witness absent from the Colony may be read as evidence at the
trial, under certain defined circumstances .
The Justices ofthe Peace, having some months back proposed Proposal of
Justices of
that the Police Force should be placed under the control of a
Municipal Committee, in a mode similar to that obtaining in an that Police
Force be
English borough, the Governor on the 10th January, stated that under con-
he would offer no objection to the measure, provided an as- trol of a
Municipal
sessed tax were raised on real property for the purpose of Committee.
providing for the necessary expenses, as the general revenue of Governor's
the Colony would prove insufficient. This suggestion , how- offer.
ever, was eventually declined by the Justices.
Another of the frequent escapes from the Gaol was reported Escape from
on the 31st January. This was the escape of Tam Achuen , who gol .
had been convicted at the Sessions of December last of forgery,
and who had been sentenced to two years ' imprisonment with
hard labour. Tam Achuen since his imprisonment had been
employed as a servant to one of the turnkeys.
On the 4th February, it was notified that, in consequence of Lieutenant
Departure of
Lieutenant Pedder, the Harbour Master and Marine Magistrate, Pedder on
having obtained leave of absence to proceed to England for the leave.
296 HISTORY OF THE LAWS, ETC. , OF HONGKONG .
Ch. XII § II. recovery of his health , the Governor had directed that the duties
--
1851 . of Marine Magistrate, until further orders, should be performed
The Marine at the Chief or Marine Magistrate's Office by the sitting Magis-
Magistrate's
duties, how trate or Magistrates of the day, and that the duties of Harbour
performed. Master should , as a temporary arrangement, be performed , under
the supervision of Mr. Hillier, by Mr. E. R. Michell , clerk in
the Harbour Master's Office .
Chinese
oaths. According to an affidavit on record in the Supreme Court,
" Cutting off oaths seem still at this period to have been administered accord-
a cock's ing to native fashion . * In one case, entitled " In the cause of
head."
Chung Assing," there appears an affidavit, dated the 14th Febru-
ary, sworn to at Macao before Mr. Patrick Stewart, " a Commis-
sioner for taking affidavits in the Supreme Court of Hongkong,"
The first
formofoath " by cutting off a cock's head." It is recorded that the first form
recorded. of oath practised in Hongkong " was that of cutting off a live
cock's or fowl's head," but, judging from the records, this must
have been in the earlier Police and other Courts, and it is doubt-
ful if it was ever practised in the Supreme Court beyond the
admission in evidence of affidavits which had been declared
before Commissioners to take affidavits , of whom in the early
days there were several besides the officers of the Court.
Cock birds at Cock birds in those days must have been at a premium .
a premium.
Considerable The Court- keepers usually kept the birds after decapitation,
perquisite to and it will also be found recorded hereafter that these Court
Court
keepers. officials , who so unscrupulously devoured the dead birds, were
thus afforded a considerable perquisite through the deplorable
system of swearing then in vogue.
Capture of The H. C. Steamer Phlegethon arrived in Hongkong from Can-
the
Chui Apo, of
murderer ton on the evening of the 16th February, having the atrocious
Captain Da Chui Apo on board - one of the reported murderers of Captain
Costa and
Lieutenant Da Costa, of the Royal Engineers, and Lieutenant Dwyer of
Dwyer. H. M. Ceylon Rifle Regiment, as recorded in February, 1849 †
The atrocity and cold bloodedness of the murder, perpetrated in
open day within a mile or so of Chuk Chu, created intense
excitement at the time . At the Coroner's inquest held on the
body of Captain Da Costa ( Lieutenant Dwyer's not having been
found ) a verdict of wilful murder was returned against Chui Apo,
seven others named , and other parties unknown. The murder was
committed on the 25th February, 1849 , and although it was well
known that Chui Apo had since mostly resided in or near Canton,
he had managed to evade the Chinese authorities, notwithstand-
ing a reward of £ 100 had been offered by the Colonial Govern-
ment for his apprehension, and a formal demand made by the
* For previous reference to this subject, see antè p. 283.
See antè Chap. XI., pp. 228, 229.
THE TRIAL OF CHUI APO. 297
Governor to the Chinese Imperial Commissioner Su for his Ch. XII § II.
delivery. His apprehension was accomplished in the following 1851.
manner. Chui Apo stated that he had made his peace with the effected
How capture
.
Chinese Government somewhat about the time that the celebrated Chui Apo's
Shap Ng Tsai did, ( the pirate whose fleet was destroyed by statement.
the Columbine and Fury) ,† -and , receiving a mandarin's button ,
was appointed to the command of a portion of Shap Ng Tsai's
large pirate fleet ; that he was travelling from Foochow to Canton,
accompanied by one of his wives, when he was attacked by a
gang of desperadoes, who plundered him of all his clothes and
money, beat him severely, gagged him, carried him on board a
boat which conveyed him to the Phlegethon, when he was deli-
vered to the commander. He admitted being implicated in the Admitted
murder of Captain Da Costa and Lieutenant Dwyer, giving his being in
impli
the
own version as to the immediate cause which led to the perpe- murder.
tration of the murder. He asserted that he still held office He held office
under the Canton Government, and that the Chinese officials wereunder the
Canton
not in any way implicated in his position with regard to his Government.
capture. If the assertion that he was an officer of the Canton Doubts as to
legality of
Government was correct, it seemed more than strange when the Chui Apo's
language of Su , in reply to Governor Bonham, ‡ was referred to : capture.
"If he (Chui Apo ) be not yet dead , as soon as he shall be taken
he shall, of course, be punished with the utmost rigour ; there
shall be no possibility of his resuming his evil career [ lit. no
sprout, however small (which might again flourish ), shall be
left. ]" Doubts were at once raised locally as to the legality of
Chui Apo's capture, and this point, as will be seen hereafter, was
carried to the Supreme Court at the hearing of the case, as it
was believed to be in violation of the stipulations of the Treaty
of the Bogue.
A special Sessions of the Criminal Court was held on Mon- Special Ses-
sions for
day, the 10th March, at 11 a.m. , for the trial of Chui Apo, trial of Chui
and by the desire of the Governor, Mr. Gaskell undertook his Apo.
defence . The Court-room was crowded with Europeans and The trial.
Chinese, showing that the excitement was not confined to any
one section of the community. The two indictments were con-
joined, one being for murder by drowning, and the other the same
by stabbing. Mr. Gaskell objected to the trial being gone on Mr. Gaskell's
with . Under a clause in the supplementary treaty between preliminary
objection as
China and Great Britain, Chinese criminals were to be given up to jurisdic
tion.
to their own officers and punished by their own laws, according
to certain correspondence which Mr. Gaskell said he learnt had
never been published . His Lordship held that such a regula-
tion applied solely to offences committed within Chinese terri-
See antè Chap. XI ., p. 260.
† Antè Chap. XI., p. 264.
See antè Chap. XI., p. 260.
298 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XII § II. tory ; the prisoner was indicted for a heinous crime perpetrated
1851 . upon this island ; and that was altogether a different matter
from its perpetration within Chinese jurisdiction .
Chui Apo had Mr. Gaskell proceeded to observe that the prisoner had been
been kidnap arrested within Chinese territory and, he submitted, unlawfully
ped.
arrested ; he in short had been kidnapped -the method by which
his presence was obtained was in opposition to Treaty provi
sions.
The Chief ' That, ' said His Lordship, is a question for His Excellency
Justice on
the point. the Governor to settle with the Chinese Government. I have
him here, and will try him.'
Mr. Gaskell furthermore raised the point of the informality in
which the prisoner was in custody ; there had been no warrant
issued for his arrest, not even a Coroner's warrant .
'What, ' said His Lordship , has that to do with it ? Here is
the man .'
Plea. Chui Apo, who was represented to be a man of about fifty
Chui Apo years of age, on being asked what he had to say to the indict-
stands mute.
ment, replied, pointing upwards and downwards, that there was
a God above and earth below. Mr. Gaskell stated that it
Provocation. Was his client's intention to stand mute. As the trial proceeded,
it became painfully evident that a certain amount of provocation
had been given by the deceased , and that the only question to
be decided was, whether such provocation was sufficient to con-
The Chief stitute justifiable homicide . The Chief Justice , in his charge to
Justice's
the Jury, specia lly directed their attention to the fact that the
charge to the
jury. deceased officers were the aggressors , and had given the first
provocation, and urged upon them the necessity of divesting
their minds of all preconceived notions or bias against the pri-
Verdict of soner. The Jury then retired and after a few minutes ' delibera-
man-
slaughter. tion returned with a verdict of manslaughter. In this verdict
Transporta- the Chief Justice said he entirely concurred ; he would, upon the
tion for life. evidence adduced , have been very unwilling to have had to sen-
tence the prisoner to be hung. Chui Apo, -one of the most
notorious criminals that had ever stood at the bar of a Court of
After sen-
tence ('hui Justice in Hongkong -was then sentenced to transportation for
Apo incul- life , the trial ending at five o'clock in the afternoon .
pated the
deceased
officers. After sentence, Chui Apo made a statement in gaol which also
He threatens inculpated the two military officers as the other witnesses had
suicide.
Preferred done . He expressed the greatest repugnance to be transported for
death to
transporta- life, saying he would have preferred death to transportation, and
tion. hinted that he might make away with himself. Despite the warn-
Despite
warnings to ing given to the gaol authorities . that the miscreant might com-
Gaol mit suicide, no heed was paid to the warning, and on Wednesday
MAJOR- GENERAL JERVOIS SUCCEEDS MAJOR - GENERAL STAVELEY. 299
morning, the 2nd April, Chui Apo was found dead and hanging Ch. XII § 11 .
----
to the bars of the door of his cell, strangled with a piece of cord 1851.
which held up his fetters. A Coroner's Jury summoned upon authorities
he carries
the inquest, returned the simple verdict of felo de se, without con- out his
veying any censure upon the authorities for neglect of duty, threat.
Found
though the matter was not lost sight of by the press, which did hanging
in his cell.
full justice to the case under the circumstances . Felo de se.
The verdict of the Jury which found Chui Apo only guilty of Verdict
of man-
manslaughter also came in for public opprobium, and was severely slaughter
commented upon in various quarters, especially by the friends ofthe commented
deceased officers both locally and in the press in England , but the and in
locally
concensus ofopinion was, that the Jury had but rightly viewed the England .
circumstances of the whole case, and that both the summing up
of the Chief Justice and the verdict were in accordance with the
facts. * At all events the disappearance of Chui Apo from the
scene, whether by the machinery of the law or by his own act,
must have been an entire relief to all concerned afterwards.
But it was destined that a new complexion was to be put upon
the case .
The relatives of the deceased officers determined to put up a The tablet
in St. John's
tablet to their memory in St. John's Cathedral in Hongkong , Cathedral.
the inscription on which related that the deceased had been
"wantonly attacked and murdered while walking on the sea-
side." Unfavourable comments were not unnaturally passed
in consequence, notwithstanding which, however, the tablet was
duly set up and erected in the south transept of the Cathedral ,
where it is to be seen to this day.
Among the passengers , who left on the 27th February by the Departure
of Lady
P. & O. Co.'s Steamer Malta were Lady Bonham , who was in Bonham
bad health , for England , and Major- General Staveley, for Bom- and Major-
General
bay, he having been appointed to the divisional command of the Staveley.
Bombay army at Guzerat. Before his departure he was pre-
sented with an address from the leading residents . A selected
crew among the officers pulled the General and family off to the
steamer, the General having consented to receive this mark of
their esteem and respect .
The Commission of Major- General Wm. Jervois, K.H. , to be Appointment
Lieutenant- Governor of Hongkong, in succession to General of General
Major-
Staveley, was published on the 15th April, 1851 , and he took Jervois
succeed to
A long letter unfavourable to the deceased officers, headed " Wat Tyler in Hong-
kong," appeared in The London Weekly Dispatch, of the 15th June, 1851 , and was repro-
duced in The China Mail of the 14th August, 1851. The Illustrated London News of
the 14th June, 1851 , also contained an account of the trial of Chui Apo, as well as a
sketch of the notorious miscreant, and which was described as a faithful likeness.
300 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch XII― § II. his seat as a member of the Executive Council on the same day.
1851. General Jervois was an old and meritorious officer. His first
Major. commission as Ensign bore date 7th April, 1804 , and he became
General
Staveley. Major- General by the brevet of 1846. In February, the Home
His Se- papers announced the appointment of Captain P. Maclean , 11th
cretary ,
Captain Battalion Royal Artillery, as military secretary to Major- General
Maclean, Jervois,
R.A.
February At the Criminal Sessions of the 15th February, nine cases
Criminal
Sessions. were set down for trial, four of which had been postponed from
former Sessions, but the only one brought forward was that of
The Chief Chun Achee for larceny. The case broke down and the prisoner
Justice
refuses to was discharged. The Attorney- General then stated that, though
allow duly summoned , not a single material witness in any of the other
depositions of
absent cases had appeared , and, as he was assured by the Sheriff that
witnesses there was no probability of their doing so, he asked that the depo-
to be read
under sitions taken before the Magistrate should be received in evidence
Ordinance
No. 1 of under Ordinance No. 1 of 1851 , passed on the 3rd January of
1851. this year. The Chief Justice said he was unwilling to receive
them as such, and would only do so in cases of absolute neces-
sity ; he would much rather postpone the trials to a future day
in order to allow of fresh summonses being issued, at the same
time directing the Sheriff to warn the witnesses that unless they
made their appearance they would be committed for contempt of
The Sessions Court. The Sessions were then adjourned to the 24th February,
adjourned.
the Chief Justice expressing regret to the Jurors for their being
drawn away from business to so little purpose, and discharging
them .
Admission At a sitting of the Court on the 17th March, Mr. Jefferd
of Mr. J.
Tarrant as Tarrant, a brother of Mr. William Tarrant before noticed in this
William Gaskell, Crown
anthe
of Court. work, an articled apprentice to Mr.
attorney
Solicitor and Queen's Proctor, was admitted an attorney of the
Court, the Registrar having previously been directed to report
on his qualifications .
Decision At this sitting also, the Chief Justice remitted a sentence in-
of Her
Majesty's flicted by the Consul at Canton, whereby he had fined the
Consul at master of the steamer Lady Mary Wood $ 200, for the infraction
Canton
against the of some Consular Regulation relative to the entry of some goods
master of in the manifest, the case being in the nature of a civil suit insti-
the Lady
Mary Wood tuted by the Chinese Customs authorities. It is worthy ofremark
upset, that the only two cases of importance which had been appealed
Consular from the Consular Courts in China to the Supreme Court of
decisions
reversed. Hongkong, namely, the one known as the Compton Case pre-
viously commented upon, and the present one, both terminated
* See antè Chap, IV. , p . 115.
ADMISSION OF MR. W. T. BRIDGES TO PRACTISE . 301
by the Consul's decisions being reversed . The conviction in this Ch. XII
- § II.
case was quashed on the ground of the defective constitution of 1851.
the Court, there having been no assessors as required by law.
Under the Consular Ordinance No 3 of 1847 , passed on the Civil
30th September, 1847 , and entitled " An Ordinance to authorize appeals
the Suprtoeme
Her Majesty's Consular Officers to adjudicate in Civil Actions, " Court of
Hongkong
after providing for the mode of trial by Consuls and Assessors from
(section 2 ), an appeal was allowed to the Supreme Court of Consular
decisions.
Hongkong under section 5 in any suit or action exceeding five Consular
hundred dollars, and it was under that section that the case Ordinance
No. 3 of
referred to above was heard . * 1847.
On the 31st March, the Governor proceeded in H. M. S. Governor
Bonham
Reynard to Canton, leaving Hongkong under the customary leaves for
salute. Canton.
On the 1st April, the Barque Lord Stanley left this for Sin- Wreck of
gapore with seven Chinese convicts on board. The ship was the Lord
Stanley with
subsequently wrecked on the Paracels. The convicts con- convicts on
structed a raft and endeavoured to reach the mainland , but in board.
their attempt to do so five were either drowned or starved to
death, two of them - Tung Ashing ( transported for seven years )
and Lee Ayee ( for fifteen years ) -eventually finding their way
back to Hongkong only to be soon after re- arrested by the au-
thorities. Lee Ayee appeared before the Police Court on the
28th July on a charge of cutting and wounding a man with
whom he was gambling in a house in the Taipingshan district.
In the Straits Settlements at this time exception was being objection in
taken to the transportation of convicts to that Colony from the Straits
Settlements
Hongkong, the Grand Jury there in their presentment to the to transporta-
tion thither.
Recorder adverting to the impolicy of making Singapore a
receptacle for Chinese convicts.
On the 5th April , the Legislature passed Ordinance No. 2 of Ordinance
1851 , limiting the jurisdiction of the Supreme Court and other No. 2regulat-
of
1851
Courts in civil actions between Chinese subjects when origi- ing the
jurisdiction
nating out of the Colony , to certain cases only. of the
Major- General William Jervois, K.H. , Lieutenant- Governor and Supreme
Court.
Commander of the Forces, arrived in Hongkong by the P. & O. Arrival
Steamer Pekin on the 14th April , in succession to Major -General of Major-
General
Staveley. The next day, as before stated , he was duly sworn in and Jervois.
took his seat as a member ofthe Executive Council of the Colony.f
At the Criminal Sessions held on the 15th April, before the April
commencement ofthe business ofthe Court, the Attorney- General Criminal
Sessions.
moved the Court on behalf of his " friend and fellow-barrister," Mr. W. T.
Mr. William Thomas Bridges, of the Middle Temple, who Bridges admitted
* See further as to Consular Decisions and Jurisdiction , the present Chapter, § III.,
infrà, also Chap. XIV., and Volume 11., Chaps. XXXIX., XLII., and XLIX.
† See antè p. 299.
302 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XII § II. prayed permission to practise in the Colony. The Chief Jus-
1851. tice was pleased to express his satisfaction at the prospect of the
to the local Colony being favoured with the learned gentleman's services
Bar.
The Chief and duly admitted Mr. Bridges. It will be interesting to watch
Justice's the part which Mr. Bridges afterwards played in connexion with
remarks.
The part the administration of local affairs and the disgrace attaching to
Mr. Bridges it through his own conduct.
afterwards
played
in the At the Sessions mentioned above, six cases were set down for
administra-
tion of local hearing, two of which were postponed . In the other four, not
affairs. a single conviction was obtained.
Animportant At this Sessions also an important point of practice arose affect-
point
affecting ing the two branches ofthe profession . On the third case being
the two called, Mr. Bridges, who had but that morning been admitted on
branches
of the the Rolls as a barrister, called the attention of the Court to the
profession. inadvisability of solicitors being any longer allowed to continue
Mr. Bridges to appear as counsel for prisoners, as they had theretofore done.
loses no
time. He had been informed that Mr. Gaskell, a solicitor of the Court ,
His objec- was about to defend the prisoner without having even attempt-
tion to Mr.
Gaskell ed to retain the services of a barrister ; he begged leave to
appearing as submit that there being now more than one barrister in the
counsel.
Colony, the necessity for employing solicitors as counsel,
which formerly existed . did so no longer, and that, arguing
from the analogy of the English Courts, by the practice of which
he presumed the Courts here were regulated , it was not part of
the functions of a solicitor to appear either in civil or criminal
cases if a barrister could be retained . He did not wish that any
stringent regulation should be laid down on the subject, as the
poverty of parties might prevent them from offering to pay barris-
ters' fees, sufficient to procure their attendance, but submitted
that the rule should be, that in every case the barrister should
have the option of appearing, and that, if he declined to do so,
then solicitors might defend their clients, as heretofore had been
the custom. By his argument Mr. Bridges disclosed the fact
that , up to this period, the profession had, in a way, or at least
as regards the solicitors, been amalgamated .
The Chief
Justice. His Lordship replied that solicitors had been allowed to plead
Practice of from absolute necessity, and , as such necessity no longer existed ,
solicitors of course the ordinary practice of the English Courts would be
appearing
as counsel observed.
stopped.
On the 26th April, there was a large attendance of the mercan-
tile community at the Supreme Court to hear the trial of one of
the most trifling cases ever brought before a special jury. It was
Phillips, that of Phillips, Moore & Co. v. Arnott. The defendant was master
Moore
v. & Co. of the merchant ship Bangalore, and the action charged that, by
Arnott,
his neglect, damage had been done to certain cases whereby their
THE COMPLAINT OF THE PETTY JURORS. 303
contents had been rendered unsaleable. The damages were laid ch. XII § II.
at $ 1,000 . Mr. Sterling , instructed by Mr. Pollard , appeared for 1851.
the plaintiffs, and Mr Bridges, instructed by Mr Gaskell , for
the defendant. The case was one of evidence purely. In the
course of the case a little by-play between counsel occurred, Mr.
Sterling remarking that " it was easier to raise ghosts than to
lay them. " Mr. Bridges before addressing the Court begged to
apologize for any want of respect which he might have exhibited ,
but the case was one that ought never to have been brought
into Court. A verdict for the defendant was returned . This Case exposed
trial, however, had the beneficial effect of opening the eyes of pernicions
system of
the community to the pernicious system that had until then allowing
unqualified
prevailed of permitting unqualified persons to appear and act as persons to
attorneys and solicitors , not only to the serious injury of duly attorneys.
act as
qualified practitioners , but also as affording certain means of
annoyance to merchants and shipmasters . Several of the former,
in this instance, had been brought down from Canton to give
evidence , inflicting upon them, as they alleged , most serious in-
jury at a time when important business was on hand .
On the 10th June, the Royal Asiatic Society held a meeting The Royal
Asiatic
in the room allotted to it on the basement floor of the Supreme Society
Court House, which in those days was the general place of holds
meeting in
meetings for most things. Supreme
Court
Under instructions from the Secretary of State it was notified , building.
on the 25th June, that all Crown lands hereafter to be sold in Land.
Hongkong would be offered to public competition to the highest Secretary
bidder for a capital sum in addition to an annual rent, to be directs
all ('rown
previously determined by the Surveyor - General. lands to be
The draft of an Ordinance amending the Jury Laws in force soldat
public
was published early in July. By publishing this draft, the auction.
Government now revived a custom discontinued from the time The Jury
Ordinance,
when non-official members had been appointed to the Legisla- No. 4 of
tive Council. 1851.
The petty jurors , feeling aggrieved at the provisions of this Jurors
The Petty
Ordinance, whereby they alleged that more labour was thrown memorialize
upon them than on the special jurors, whose duty had, more- the Governor.
over, now been considerably reduced by the abolition of the
Court of Admiralty as a separate jurisdiction , duly addressed a
memorial to the Governor upon the subject. The Ordinance
was eventually passed on the 10th September and numbered
4 of 1851 , most of the objections raised to the draft appear-
ing to have received attention at the hands of the authorities .
In Parliament on the 15th July, upon the vote of £ 15,500 Parlia-
"to defray the expense of Hongkong" being taken, consider- mentary
vote for
* See antè Chap. XI. , p. 233.
304 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XII § II.able discussion arose, some very strong language being used
1851. against the Colony. One speaker, Mr. Clay, stated that he
Hongkong knew many gentlemen anxious for the judgeship of a County
discussed in
Parliament. Court, but who would nevertheless refuse £ 3,000 a year at
Mr. Clay, Hongkong, which was then the pay of the Chief Justiceship .
M.P.
Chief on the The vote was afterwards carried by a majority of twenty- six in
Justiceship. a house of one hundred and four.
The Governor Immediately after the arrival of the mail from England, the
goes to
Canton Governor proceeded to Canton, in consequence of instructions
under received from the Foreign Office on matters pertaining to the
instructions, department of the Superintendency of Trade. During this
Illness of month, the records show that the Chief Justice laboured under
the Chief
Justice. a severe attack of illness, but that yet, with his usual inimitable
energy and patience . he continued frequently to take the Bench
and hear cases to the end.
Death of Dr. Gutzlaff, Chinese Secretary to the Government, died in
Dr. Gutzlaff.
His career. Hongkong on the 9th August, 1851 , at the age of forty- eight.
This official, who was a Pomeranian by birth, seems to have
occupied himself as a missionary to the Chinese until the break-
ing out of the war, when. his services as interpreter being in
request, he was induced to take office as interpreter under the
British Government, first as interpreter to the Plenipotentiary,
then as Magistrate at Ningpo , and afterwards at Chusan . On
the settlement of the Treaty of Nanking and the establishment of
the British Government at Hongkong, he was made assistant
Chinese Secretary, and , on the death of Mr. J. R. Morrison in
August, 1843, he succeeded him as Secretary. In this position
he continued till his death.
The salary was a considerable one, and enabled Dr. Gutzlaff
by frugality and profitable management, to leave, it is said, a
The fortune fortune of £30,000, as little in accordance with his original
he left.
expectations as with the professions of poverty in which he
was at all times, it is alleged, wont to indulge. He was three
times married , but left no family. Dr. Gutzlaff had only re-
turned from leave of absence in Europe, on the 20th January of
this year .†
Ordinance An amusing incident now occurred in which the Chief Ma-
No 14 of
1845. gistrate, Mr. Hillier, seems to have taken an important part.
Abatement Complaint of the nuisances caused by the unseasonable hours at
of nuisances.
An assault which Chinamen were permitted to carry on their noisy trades
committed had been for some time frequently reiterated , although no
to obtain
a judicial attention had been hitherto paid to them. Owing to the scar-
decision.
city of houses away from the business portion of the town, many
See Introduction, antè p. 29.
For previous reference, see antè Chap. XI., p. 256.
ASSAULT COMMITTED TO OBTAIN A JUDICIAL DECISION. 305
of the principal residents lived in the Queen's Road , and, as was Ch. XII § II .
felt, unless severe and stringent measures were taken to put 1851.
down the tinkering and hammering which the Chinese seemed
to be peculiarly privileged to enjoy, it would certainly become
next to impossible for the Queen's Road people to continue
their residences in this portion of the town much longer. Or-
dinance No. 14 of 1845 undoubtedly was intended to give to
the Police the power of abating all nuisances . There was also Clause in
another way of looking at the matter by the light thrown on it leases
which under
by the leases under which property was , and is still, held in this property
held in the
Colony, one clause of which ran as follows :- Colony.
" And further that the said A. B. C., their executors, administrators, and
assigus, or any other person or persons, shall not, nor will during the conti-
nuance of this demise, use, exercise, or follow, in, or upon the said premises
or any part thereof, the trade or business of a brazier, slaughterman, soap
maker, sugar baker, fellmonger, melter of tallow, oilman, butcher, distiller,
victualler, or tavern-keeper, blacksmith, nightman, scavenger, or any or either
of them, or any other noisy, noisome or offensive trade or business whatever,
without the previous licence of Her said Majesty, her heirs , successors, or
assigns, signified by the Governor of the said Colony of Hongkong, or other
person duly authorized in that behalf."
This was certainly sufficiently stringent to prevent any of Obnoxious
trades.
the many trades mentioned from being carried on to the annoy-
ance of the public, but a strange coincidence now occurred
which enabled the Magistrate to express an opinion upon Mr. Hillier's
the application of clause 12 of section 2 of Ordinance No. 14 opinion
upon applica-
of 1845 , as to the abatement of the nuisance complained of, tion of
though probably if it had been sought to abate it under the clause
section 12 of
2 of
clause of the lease given above, a Qui Tam action by the Attor- Ordinance
No. 14 of
ney- General would probably have been necessary. A resident, 1845 .
Mr. Strachan, on the 12th August, assaulted a Chinese shop- The evidence
man in Queen's Road and alleged that he had done so with of defendant
the
"the express object of obtaining a ruling of the Police Court who com-
upon the powers of Ordinance No. 14 of 1845 , as to the abate- mitted
assault.the
ment of the nuisance caused by the noises in Queen's Road."
This was verily a strange though dangerous mode of " ascer-
taining the law " upon any given point, though the com-
plainant alleged that he was assaulted because he had told the
defendant that " some silverware after which he had inquired '
was not ready. On the 19th August the case came for hearing
before the Police Court, the defendant stating that " the cause
of his beating the man was, that, having very often complained
to the Police for the purpose of obtaining an abatement of the
nuisance made by plaintiff and others who carried on their noisy
trades through the greater part of the night which prevented
him from sleeping, and as the Police had stated they were
powerless to act, he had adopted the plan ofgiving one of them a
thrashing that the nuisance might be brought prominently under the
306 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. XII
- § II. Chief Magistrate's notice. He thought that under the 12th
1851 . clause of the second section of Ordinance No. 14 of 1845 , it was
the duty of the Police to abate such nuisances ." The clause in
question reads as follows :-
" 12. Every person who in, near, or adjoining any public road or thorough-
fare, shall wantonly or unnecessarily blow any horn, beat any gong or drum ,
or make any other noise calculated to annoy or alarm any person, or to
frighten any horse or other animal : Provided always, that nothing herein
contained shall be construed and extend to any religious procession or festival,
for the due celebration of which the consent of the Chief Magistrate of Police
has been obtained ."
Defendant Mr. Hillier did not agree with Mr. Strachan's reading of the
fined .
clause, and thought that it was a funny way of obtaining justice
by beating an unfortunate shopman who was only obeying his
master's orders ; that the party to have been beaten , if any, was
the master ; and that the prosecutor seemed to have been beaten
because he was a Chinaman Defendant, after a further lectur-
ing by the Magistrate, was fined $ 15 and cautioned as to his
future conduct. It may not be out of place in connexion with
this matter to point out that General D'Aguilar's Ordinance
alluded to in 1844 , * only provided for the suppression of
noises made by watchmen, and had nothing to do with other
nuisances.
Malay and The Coroner held an inquest on the 19th August on the
Javanese
law of body of a Malay woman who met her death at the hands of
homicide .
her husband, a seaman named Selico. According to his state-
Case of
Selico, who ment, it appeared that he and deceased had been married for
murdered nearly a quarter of a century, and that a few days before the
his wife.
murder, he had consented to her leaving him to live with a man
named Kassim, such practices, he alleging, being customary with
people of his country. Hearing that instead of remaining with
Kassim, his wife had been in the habit of rambling from house
to house, he sought her, and, subsequently finding her in Kas-
sim's dwelling , stabbed her, when she died almost immediately.
Coroner's
The prisoner appeared to have thought himself perfectly justi-
inquest.
The jury fied in what he had done, and it would appear that the Jury
find
justification agreed with him, for it is recorded that they returned the fol-
according lowing curious verdict :-
to usage of
Malays " Wilful murder against Selico by English law and upon the verdict of his
and Java- own confession. But the Jury desire to add that on the testimony of the
nese. man himself and of the witnesses, both male and female, as well as of the
interpreter and one of their own body, the deed under the circumstances was
justifiable according to the usage of the Malays and Javanese . ”
At the Upon what facts or evidence of native law, this clever and
October
Criminal cautious Jury returned their verdict cannot now be traced , but
Sessions, he suffice it to say that, at the Criminal Sessions held on the 15th
* Ordinance No. 17 of 1844- see antè Chap. 11., pp. 56-58,
CASES CHARACTERISTIC OF THE CHINESE. 307
October, Selico pleaded guilty of the charge and was sentenced ch. XII § II.
to death . 1851.
pleads
On the 25th August, Mr. Hillier, the Chief Magistrate, left guilty and
is sentenced
for Shanghai on short leave of absence. to death.
Departure
By Ordinance No. 4 of 1851 , passed on the 10th September, of Mr.
Ordinances No. 7 of 1845 and No. 4 of 1849 were repealed , and Shanghai.
other provisions made for the regulation of juries in civil and Ordinance
criminal cases. No. 4 of 1851.
Ordinance
No. 7 of 1845.
As a striking instance ofthe working of the law ofarrest for debt Ordinance
No. 4
at this time, and of the manners and customs of the Chinese , the The law of 1849.
of
case of Chun Atee v. You Tsoi formed the subject of comment. arrest and
The defendant, a Chinese girl of eighteen , for an alleged debt and the manners
customs
due on a promissory note, was arrested and committed to pri- of the
son. This was one of those ordinary cases of pledging a female Chinese
Chun Atce
child in payment of a debt due. The case was also illustrative r. You Tsoi.
of the mode of swearing native witnesses in the early days of The defend-
ant, a girl,
the Colony. At the suit of the plaintiff, an old Chinese woman, pledged for
the defendant was arrested and committed to prison for an debt due.
alleged debt of $400.50 . In 1845 the mother of the girl oaths. Chinese
had borrowed $ 120 from the plaintiff at Macao. At com-
pound interest this sum accumulated to $355.50 , for which sum ,
together with Court fees, amounting to $40 or $ 50 more, -a
debt the girl could never have paid , —she was arrested and sent
to the debtor's gaol . Under Ordinance No. 9 of 1845 , section Ordinance
1 , an infant could sue or be sued on the summary jurisdiction 1845 , of
s. 1.
side of the Court. Under this law the defendant was originally
brought before the Registrar of the Court, and upon the plaintiff
burning a bit of joss paper and declaring that the girl defendant on plaintiff
burning a
had assumed as her own her mother's debt, and had promised, bitofpaper'
and undertaken by word of mouth to satisfy and discharge the in support
of declara
same, this evidence being supported by two other Chinese wo-
defendant
inen, she was committed to prison . committed
to prison .
The records show that the case afterwards came before the Defendant
Chief Justice , Mr. Hulme, on the 3rd October, Mr. Gaskell Justice
before Chief
appearing for the plaintiff, when the defendant denied that she denied
had ever promised to pay the money, but admitted having pledging
pledged her body. ' In replication , Chinese custom was relied Chinese
on as warranting the transaction, and rendering the defendant custom
warranting
liable to pay the money for which she was pledged . His Lord- the transac
ship, after further arguments , cut the matter short by telling the tion.
parties to settle it amongst themselves, as he would have nothing Cases contra
to do with it. Similar other cases contra bonos mores and sug- bonos mores
gestive of the Chinese character seem to have taken up the suggestive
of Chinese
time of the Court at this period , the late Police Court interpre- character.
308 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XII
-- § II . ter Tong Achik, referred to in this work in December, 1850 , as
1851. having been objected to by the Jury, and who , it would seem ,
The noted was intimately connected with Chinese brothels and had now
Police
Court been dismissed the public service, figuring prominently in some
interpreter of them . * On the 14th October, the Government advertized
Tong
Achick. for " an interpreter of the Chinese language for the Chief
Police Court
interpre Magistrate's Court, at a salary of £ 125 a year.
ter
advertized
for.
The Criminal Sessions of the Supreme Court began on the
October
Criminal 15th October. This Sessions was remarkable as the first in
Sessions.
The new which the new jury system was brought into operation . Ordi-
Jury nance No. 4 of 1851 had been passed so lately that there had
Ordinance
No. 4 of 1851 barely been time to make a list and pass it through the required
brought into formalities, the document having been received back from the
operation. Governor and Legislative Council on Saturday, the 11th Octo-
Several
jurymen ber , the last day for issuing summonses to the jurymen . The
summoned moment the list was received , a ballot was taken, and, singularly
from the
same firm. enough, one of the evils -that of a number of jurymen from the
same firm or place of business being called together to sit in a
jury which the ballot was designed to cure or mitigate, was the
very first that it developed in the strongest manner, the names
Case against of seven in one firm being actually drawn .
Chinese There were several
Constables cases of interest tried at these Sessions ,, one deserving especial
for extortion mention being that of two Chinese Constables named Chun Ayong
by laying
brothels and Low Achoi , charged with malfeasance by laying brothels
under under contribution for the benefit of the Chinese members
contribution.
Extortion of of the Police Force, -a system of extortion of long standing.†
long
standing. These men , being found guilty, were fined $ 50 each and sentenced
The sentence. to twelve months' imprisonment with hard labour.
Their A notable
confession. fact connected with these scoundrels, who , it may be added, con-
fessed that they had acted upon the orders of their Sergeant,
was, that at this very Sessions, upon their own unsupported testi-
mony, they had obtained the conviction of a Chinese woman
Case of Chow named Chow Sam Mooey for keeping a brothel, but whose sen-
Sam Mooey
for keeping tence of twelve months ' imprisonment with hard labour was
a brothel.
Governor fortunately shortly after remitted by the Governor , after repre-
remits sentations had been made to him upon the subject . Another
sentence woman arrested after the conviction of these men , and charged
obtained
on the at the December Sessions with a similar offence as the previous
testimony woman, out of pure spite, it was believed , because she had been
of the
Constables. instrumental in exposing the Police and obtaining the conviction
The jury of the Constables mentioned above, was discharged by the Jury
discharge
another who accompanied their verdict with the expression of a regret
similar
case, that the case should ever have been brought before the Court, the
Rider to Chief Justice fully agreeing.
their verdict.
See antè pp. 293, 294.
See antè Chap. 111. § 11,, p. 80.
FEES OF COUNSEL. 309
On the 29th October, Sir George Bonham left for Shanghai Ch. XII § II .
in H. M. S. Salamander, accompanied by the Colonial Secretary, 1851.
Major Caine, and returned with the latter to Hongkong on the Governor
Bonham
24th November, the Government in the interim having been proceeds
administered by Major - General Jervois , the Lieutenant- Governor. to Shanghai,
The records during this month again show the Chief Justice Illness of
as having laboured under illness, his previously weak health * the Chief
Justice.
suffering further injury from a rather lengthy Criminal Sessions Crowded
during the progress of which, the Court-hall was crowded to state of
excess with the worst class of Chinese, nearly a third of whom Court
Supreme
hall.
were represented as being prostitutes interested in the brothel Mr. Sterling
cases heard at that Sessions . Mr. Sterling, the Attorney-General, acted
Chief for
Justice
also appears to have acted for the Chief Justice on the sum- on the
mary side of the Court during this month, the magic words summary
side of
" I'll dismiss this case without prejudice " being frequently the Court.
attributed to him. Magic words
attributed to
Mr. Sterling.
On Saturday, the 1st November , a taxed bill of costs was A billter of
brought before the Court for revision, and as it was a matter costs for
of importance to the lawyers, they were all in attendance. The revision by
the Court.
cause of complaint arose from the fact that there were now All the
two counsel in the Colony , and that more copies of documents attendance.
lawyers in
were required than formerly when the business of the Court was Complaint
wholly conducted by solicitors ; it also appeared that the fees arose because
allowed to counsel were not considered sufficient and that previously
counsel in no
twenty-five dollars were now being asked, for what was hereto- the Colony.
fore only charged five. The difference, if not allowed in the taxed Fees allowed
to counsel
bill of costs, of course, was to be considered as costs between hot con-
attorney and client, which costs, one attorney said, his clients sidered
sufficient.
did not like to pay, though they were quite willing to pay every-
course of the argu- Attorney-
the course
thing allowed by the taxing master . InIn the of the
ments, the Attorney- General remarked that legal gentlemen who General of
came out here, having no salaries from Government, ought to opinioncounsel that
be well paid for their services , to recompense them for living in coming to
Hongkong,
such a climate as that of Hongkong. Eventually, the matter havi no
was remitted to the Registrar for the purpose of drawing out a salary,
Government
ought
scale of counsel's fees, which scale was to be submitted to the to be well
members of the bar for their opinion , but no such scale, if ever paid.
Matter
framed , is now traceable in the records . remitted to
Registrar.
The question of Chinese oaths was now raised before the Chinese
oaths.
Court on a trial for perjury. This question had been long Trial for
before the public , though certainly not brought forward so perjury.
prominently as on this occasion, it having had the effect of
putting a stop to the Sessions, exactly in the middle of
the cases, as the Attorney- General naturally declined to go
* See antè p. 304.
For previous references, see antè pp. 283, 296.
310 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch . XII § II.on with a Jury who entertained such sentiments as were then
1851. expressed . The matter came forward on Monday, the 15th
The jury December, when the Criminal Sessions opened with eighteen
and the
unsatis- cases for trial, and after nine of these had been tried, the Sessions
factory suddenly came to a close on Wednesday afternoon , the 17th,
manner in
which the remaining nine cases being ordered to stand over. A China-
Chinese
are sworn. man being charged with forgery of an opium order, admitting
The attitude his guilt, was condemned to two years' imprisonment . The
of the
Attorney- false witness who had sworn to the genuineness of the order was
General. next placed at the bar, and after long explanations between him
A false and the interpreter, he in effect pleading guilty to perjury, was
witness
pleads guilty sentenced to a shorter term of imprisonment. Before the pri-
of perjury. soner was removed , the Jury drew the Chief Justice's attention
.
to the unsatisfactory manner in which Chinese witnesses were
Jury
modecriticize
of sworn . It was the impression, they said , not of themselves only,
swearing but of every one who had been present during trials of Chinese
Chinesc.
cases, that the witnesses were sworn in a way which not only
appeared to foreigners absurd, but was laughed at by the Chinese
themselves ; and it was not improbable therefore, were a case
like the one just disposed of by the man's own confession to
come to trial, that the Jury might acquit the accused on the ground
that he had never been truly sworn .
The Chief The Chief Justice expressed his satisfaction that the subject
Justice ice. had been broached by the Jury , for though the matter might
upon
the pract
The jury have been remarked upon out of doors , it had never been brought
express before him in Court. The present mode of swearing Chinese
their opinion.
had been practised since the year he arrived , and he should like
to know what substitute was suggested . A juryman replied that
it would be proper to consult persons well versed in the customs
of the Chinese . He believed, however , that every one agreed
that the present mode was not at all binding upon the conscience
of a Chinese.
A juryman Another juryman observed that the ceremony of cutting off
upon "the
cutting off a cock's head before a joss was in use in the early days of the
of a cock's Colony,-why it was given up he did not know, but he did know
head."
that a Chinaman under that ordeal would hesitate to swear to
what he had testified to freely in the other mode.
Mode in
Vogue at this It would appear that the custom at this time prevalent in
period. the Hongkong Courts was to swear the Chinese in the following
Paper manner. A sheet of yellow paper about eight inches by six,
burning.
bearing certain printed characters , purporting the intention of
the witness to speak, in the matter about which he was to be
examined, the whole truth and nothing but the truth, with the
date, and witness's name inserted by the interpreter's attendant,
CHINESE OATHS DISCUSSED. 311
was given to the witness who then burnt it, at the same time Ch . XII § II.
assenting to the interpreter's charge that he would chu ching 1851.
kong, i.e., " make true evidence . "
To His Lordship's question , Mr. Caldwell, the Chinese Inter- Mr. Caldwell ,
preter, said he did not, speaking generally, think this form of the Chinese
Interpreter,
oath was binding, especially as regards the inscription on the upon paper
burning as
paper used which, he said , had been borrowed from Singapore ; an oath.
and that some time before he had addressed the Chief Magistrate
upon the point and indicated what course he thought should be
adopted .
The Chief Justice here quoted a case tried before Baron Justice
The Chief
Gurney in which a Chinese was sworn by breaking a saucer, quotes an
the interpreter on the occasion certifying to that being the mode authority.
usual in China . Another case was referred to, as to whether
that mode of swearing was to be considered good , to which the
witness did not object. *
A juryman here asked if the report stated who the interpreter A juryman
upon
was whose authority was taken on the occasion , and finding it the point.
was not given, went on to say "it was very improbable that
fifteen years ago any one could be found in England qualified
to determine the point " ; and that at all events those who had
had the advantage of practical knowledge would not be disposed
to have it set aside by an anonymous authority. †
The Chief Justice then desired Mr. Caldwell to explain to the Various
Court what form he thought would be the most binding. To formsof
oath in
this it was replied that there were various forms in use among use amongst
Chinese .
the Chinese - there was the cutting off of a cock's head , and the
breaking a basin , either before a joss or under the bare canopy
of heaven ; there was also the burning- paper form, but to render
it fully binding it was necessary to fill in the names of the
swearer's progenitors , the exact date and hour of nativity, and
several other minutia .
At the suggestion of one of the jury, a respectable and well- The evidence
of Ching
informed Chinaman named Ching Kum Cheong was called in Kum Cheong
and examined upon the point. Upon inquiry the following was point.
upon the
elicited from him :--
" In Chinese Courts it is not required to swear, for they know that the
people do not care for perjury if they can gain the cause. The Magistrates
* See the case of Matthyssons c. Matthyssons , antè Chap. 111. § III., p. 99, and refer-
ences there given.
Rex v. Alsey and another (Sessions Cases for 1804 (first Session) , p. 62) , seems to
be the carliest authority upon the question of Chinese oaths, and lays down the break-
ing of a saucer as the proper mode of swearing amongst the Chinese. The person upon
whose statement this proposition (a very questionable one even in these days, -except as
regards Secret Societies) is founded, is also given. This case will be found referred to by
Mr. Anstey in his interesting paper upon " judicial oaths as administered to heathen
witnesses " in the second volume of this work. Chap. L.-J. W. N. K.
312 HISTORY OF THE LAWS, ETC. , OF HONGKONG .
Ch . XII & II , only make the people confess the truth by threatenings and tortures, and then
compare the confessions together, to decide the case ; or they would find out
1851.
the truth by arts and private inquiries without calling for witnesses.
" The common way of swearing a man among the people themselves , is to
make him say his oath standing or kneeling in the open air, or to make him
write out his oath on a yellow paper and burn it, either in the open air or
before some idols . Besides these forms there are still various other ways ,
such as to cut off a cock's head, used only by thieves and pirates, and the oath
used by the Triad Society, to break a cup or an arrow, to blow out a lamp,
etc., meaning that if his words are false, his conduct deceiving, or if he will
not perform his promises, he shall be like that thing-broken, perished .
" In the English Courts here, the parties brought in are presented a yellow
paper with an oath on it ; they are to burn it, but they probably do not know
what is written therein , but the Chinese would make the parties write it out
of their own head ; if they cannot write, then they are made to swear by
mouth."
The Attor The Attorney - General remarked that as it was very evident
ney-General
suggests a there were various forms , some of which might be deemed bind-
simple ing by some, and not so by others, in his opinion it would be
affirmation .
the best plan to take from a witness his simple affirmation that
he would tell the truth, and guard against his perpetrating the
contrary by the enactment of some severe and appropriate
No oath punishment. Further, he was advised that, in Chinese Courts ,
in Chinese
Courts. no oath whatever was administered to those giving evidence ;
and it was to be presumed that the native Courts acted in such
way as was most suitable to the genius of the people.
The Attor- The Court was about to proceed with the business before it ,
ney-General when the Attorney- General stated that from what had fallen
objects to a
juryman on from one of the jurors in the course of the discussion , he objected
account of to his sitting any longer on the Jury, as he believed he could
his views on
not act impartially, though it was felt that the juryman in
expressing himself as he had done as stated above, he had
expressed only the general opinion of his fellow-jurors .
The Jury
express a The Jury now expressed a wish that before any more cases
wish that were brought on for trial, the point in dispute should be fully
point in
dispute be decided .
fully
decided . The Chief Justice said it would be necessary to adjourn the
The Chief
Justice Sessions until the matter could be considered and determined
expresses
thanks to on, and the Jury having inquired if they were discharged, His
Jury for Lordship replied : " Yes, and I feel obliged to you for having
bringing
matter brought this matter before the Court ." The Court was then
forward. adjourned and a Sessions for the termination of the business
fixed for the 5th January, 1852,
Mode of
The following remarks from the appendix to The Hongkong
swearing
Chinese Almanack for 1848 will be found interesting and important as
witnesses in bearing upon the subject of Chinese oaths , and as disclosing
CHINESE OATHS DISCUSSED. 313
the mode of swearing Chinese witnesses in the early days of the ch. XII § II.
Colony :- 1851.
early days
" Philanthropists of every creed look with an eye of pity on that moral disclosed.
degradation- a disregard of truth- which is the peculiar characteristic of the
Chinese as a people ; even simple-minded worldly interest has to deplore the
impracticability of doing business , out of the common run with men who
know not the value and importance of an oath, and the efforts of the Chris-
tian missionary in China, in teaching the reality and attributes of a Godhead,
are hailed with thankfulness and appreciated , even by those whose general
walk in life is otherwise than the most correct. In Chinese courts of law and
judgment, where the character of the people is fully understood , no oath
whatever is administered to witnesses. In order, however, to meet the re-
quirements of English law, an attempt has been made to introduce a species
of Chinese oath in our various Courts. The first form practised here was that
of cutting off a live cock's or fowl's head ; a considerable perquisite was
afforded to the Court-keepers by this system, who unscrupulously devoured the
decapitated bodies . A cheap form of oath consists in breaking a basin into
pieces, intending thereby to symbolize how anxious is the swearer, ( ?) that
if he does not tell the truth, his body shall be as unceremoniously smashed
into its original dust. To those who fancy that they possess no more soul
than a piece of potter's ware, this method of swearing is doubtless highly sen-
sible and appropriate ; and it was probably under the impression that the
Chinese entertain such feelings, that the erudite Lord Brougham was induced
to countenance this form when made in the House of Lords at a recent exa-
mination .*
The form of oaths at present in use is considerably cheaper in practice than
either of the foregoing. Printed forms, on sheets of yellow paper about
eight inches by six inches, are kept at hand by the interpreters. If the wit-
ness can write, he fills in the blank himself, or the interpreter will do it for
him, to the effect that " so and so " is now in Court for " such and such a
purpose,"
," that he will " speak the truth , the whole truth, and nothing but
the truth " without fear or prevarication, but, instead of finishing by asking
his God (his Gods or his ancestors) to help him in his resolve à l'anglaise,
the form finishes by simply stating that the " Divine heaven " or, as the Chi-
nese understand it, " Court of heaven " witnesses this attestation [ Sun tien
hàm chut], the paper when filled in and read over to the swearer is then 99
burnt by the flame of a lamp. The particular " Gods many and Lords many
who constitute the said Court of heaven, it is presumed , vary in idea accord-
ing to the theocratic knowledge of the swearer, but it is a notorious fact that,
if after days of incessant worship a god or idol takes no (fancied ) notice of
his Chinese worshipper's application, then he (the said idol) is remorselessly
battered and burnt sans cérémonie. It but follows as a natural sequence, that
the supposed powers of each god being of a doubtful nature, the whole Court,
as a body, obtain, in anticipation , only a small degree of respect or fear ; and
whole reams of note paper may be burnt without adding the slightest value
to any evidence.
This form of oaths (but on an extended scale) is said, however, to be prac-
tised in temples at Nanking. An intelligent Chinese, in reply to a question
of the writer, said " that there were many educated men who would not tell
an untruth after burning the paper," but he added that the bulk of those who
did so, cared but little for the obligation it was desirous should be obtained ,
and as a general axiom, the custom may be looked upon as useless . In Chi-
nese Courts, the truth (?) was elicited only by squeezing [ torturing] and by
the infliction of the bamboo.
* See Matthysson's Divorce Case, antè Chap. III § III., p. 99.
314 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XII & II, It will be seen that, as an oath, we have always looked upon the paper
1851. burning as a mere farce ; but we have yet to be advised of a better form of
affirmation ; and it is to be supposed that if any one would object to the
paper-burning mode, those Chinese who were the parties interested, would
be the first to point out its futility. But no objection, that we know of, has
ever been raised by Chinese on the point ; with whom in future, however, it
would be perhaps as well to allow the privilege of indicating in what form
he or she would wish the oath to be adininistered to a deponent."
January At the Criminal Sessions held on the 5th January, 1852 , after
Criminal
Sessions, the business of the day was over, before adjourning the Court,
1852. the Chief Justice said he wished to make some remarks to the
The Chief
Justice to Jury on the matter of Chinese oaths . The matter having been
the jury on
the subject left to him, he had in the interim requested Mr. Cay, the Re-
of Chinese gistrar, to address Mr. Caldwell on the subject , informing him
oaths.
Correspon- that the oath he considered most binding should be the one
dence used. To this communication , Mr. Caldwell had made the
thereon.
Mr. Caldwell following reply :--
upon the
subject . Victoria, 30th December, 1851 .
Sir, I have the honour to acknowledge receipt of your letter, informing
me that the Honourable the Chief Justice has desired that all Chinese wit-
nesses shall be sworn in such manner as I shall consider binding upon their
consciences ; I beg in reply to offer a few remarks for the information of
His Honour.
I think that cutting off a cock's head would be the form of oath likely
to elicit the greatest amount of truth from a Chinaman, but —
1. This oath, to be administered in a manner at all binding, must be taken
before the patron idol of the swearer ; but Chinese have different idols, and
those idols are feared most which are supposed to be able to punish most,
therefore an oath before one idol would not be so much dreaded as an oath
before another idol.
2. The Chinese have no belief in a God or future state, as we understand
them, therefore it would be a superstitious, and not a religious, fear which
would restrain them. Most of them believe in idols possessing powers superior
to men, and believe that after death they will inhabit the bodies of brutes or
of other men .
3. The idols they invoke are not all considered to hate vice, inasmuch
as pirates constantly invoke their assistance in their piratical expeditions.
4. Lying in the abstract is not considered a sin among Chinese. If a pro-
secutor believe the defendant to be guilty, he will swear to any false colla-
teral facts, which he may consider necessary to prove the guilt, and he will
not scruple to cut off a cock's head for this purpose.
5. The fear of the oath is more to be attributed to a superstitious dread
of some consequences attendant on the act itself in this world , than to any
fear of punishment in the world to come. I do not think they have any fear
of punishment in a future state : they may think that they will be unfortu-
nate here.
6. This superstitious fear of performing the act would probably deter
most respectable Chinese, from taking the oath in small matters. For the
recovery of a small debt or the punishment of a small crime, such persons
would not take an oath. Thus small debtors and small criminals would
escape ; some Chinamen perhaps would not be willing to take the oath under
any circumstances.
CHINESE OATHS DIScussed . 315
I think upon the whole circumstances, it would be better to abolish judi- Ch . XII § II .
cial oaths altogether, particularly as it is a custom foreign to the ideas of
1851 .
Chinamen, who never to my knowledge take oaths in their own courts of
laws. I believe that generally, if it were explained to the witness before
giving his testimony that he would be severely punished if he stated that to
be true which was false, or that he had seen that which he did not see , this
would be as effectual a preventive of lying as the administration of any oath
whatever. The fear of immediate punishment would be a much greater do-
terrent than the fear of future misfortune or the reproaches of conscience-
the consciences of Chinese being remarkably corrupt. -I have the honour to
be, Sir, Your most obedient Servant,
D. R. CALDWELL .
ROBT. DUNDAS CAY, Esq.,
Registrar, Supreme Court.
This, the Chief Justice added, not being sufficiently satisfac- Further
letter from
tory to his mind, a second letter was sent to Mr. Caldwell from Mr. Caldwell
Mr. Cay, by his order. To this Mr. Caldwell had replied as upon the
follows :- subject of
Chinese
Victoria, 3rd January, 1852. oaths.
Sir, I have the honour to acknowledge receipt of your letter of the 31st
ultimo, informing me that the Honourable the Chief Justice has directed that
6
Chinese witnesses be sworn in the manner which I have said is likely to
elicit the greatest amount of truth from a Chinaman.'
In reply I have only to refer you to my letter which you have quoted ,
in which, in qualification of the assertion on which the Chief Justice seems
to have grounded his order, I have attempted to show that the difficulties
attending such a course would be almost insuperable, and that the practice
itself would probably be injurious to the administration of justice. - I have
the honour to be, Sir, Your most obedient Servant,
D. R. CALDWELL.
ROBT. DUNDAS CAY, Esq.,
Registrar, Supreme Court.
There is absolutely nothing in the records at this date to No change
show that any steps were taken upon this correspondence or and system
in force
that any order was made upon it. On the contrary, the records adhered to.
of the time show that the old paper-burning form was still
adhered to, and was doubtless then considered as good a mode
as any that could be devised for binding a Chinese conscience.
As will be seen hereafter, it was not until March, 1860 , that the Simple
present mode of a witness simply making a declaration , was intro- declaration
introduced
duced, by the passing of Ordinance No. 2 of 1860, a suggestion by Ordinance
thrown out many years before, as may be gathered by the discus- No. 2 of 1860.
sion set out above, by Mr. Sterling, the Attorney-General , viz . ,
that a simple declaration , to the effect that a Chinese witness
shall tell the truth , be considered sufficient, and that the declara-
tion shall put the witness in the power of the law if he commits
perjury .†
It was probably due to this suggestion that the Legislature provided in Ordinance
No. 15 of 1856, that no heathen witness be sworn in any Court " unless the said Court or
person shall think fit to direct "-(sec. 4) —see also Ordinance No. 7 of 1857 , sec. 5, where
the same section is re-enacted ; and Ordinance No. 6 of 1855, sec. 19, where power
was given to the Court to permit Chinese, instead of being sworn, to make a statement
after being cautioned to speak the truth.
† See further upon the question of Chinese oaths, Vol. II ., Chap. L.
316 HISTORY OF THE LAWS, ETC. , OF HONGKONG .
Ch. XII § III. Rumours of piratical lorchas in the neighbouring seas , com-
1852. manded by Europeans and Americans, now left no doubt as to
Firatical their existence . For years past, the outrages of such lorchas
lorchas in
command of had occasionally been animadverted upon and reported at the
Europeans
and Ameri- British Consulates, upon complaints by the Chinese who had
cans. been led to believe that they were amenable to British authority.
Government. But our Government was, of course, unwilling to acknowledge
unwilling to the discreditable connexion , even in cases where it was alleged
acknowledge
discreditable that the vessels had been fitted out or were commanded by
connexion.
Hongkong residents , and as some of them were undoubtedly
The local Portuguese, the Macao Government were left to deal with them ,
authorities
although it was known that three or four of such lorchas with
as regards
the Macao Englishmen in nominal , if not actual, command , had for some time
Government. been scouring the coast, robbing traders and fishermen, and other-
Extensive
wise committing more extensive piracies on valuable junks . Some
piracies.
of these lorchas had even come into Hongkong, disposed of their
goods , refitted, and then again left on some other scouring trip ,
without even arousing the suspicion of the authorities .
Horrible Early in August, 1851 , particulars of a horrible murder com-
murder of a
Portuguese mitted on the person of a Portuguese naval officer who had boarded
naval officer. one of these boats , reached Hongkong. It appeared that early in
The facts.
The Portu- June, 1851 , the armed Portuguese boat Adamastor, in order to
guese boat make inquiries into repeated complaints against some of the
Adamastor. lorchas in question , had sailed from Macao for the northern ports,
and on her way fell in with two lorchas and several junks at
anchor close to the island of Mi-aow near Ningpo . The Portu-
guese officers at once resolved to visit the boats, for which pur-
pose the Adamastor was brought to anchor close to them, and
one of the officers , Lieutenant José Antonio Pereira de Miranda ,
A piratical immediately despatched on board one of the lorchas which had
boat flying
the English shown the English flag. The lorcha was found to be one of
flag com- those which, originally fitted out to convoy Chinese traders on
manded by
an English- the coast, and still professing to be so employed , were and had
man. long been more a terror than a protection to native craft. She was
Wm. Fenton, in the command of an Englishman named William Fenton , with
the pirate.
a Chinese crew , and no papers were discovered except a letter
of old date from Mr. Bird, the British Consular Agent at Wham-
poa, enclosing a warning to Fenton from Her Britannic Majesty's
Consul at Canton , that it would be necessary to report himself and
Fenton obtain renewed authority from the Governor at Hongkong. Fen-
arrested by ton was accordingly arrested and taken to the
Lieutenant Adamastor to be
Miranda, of conveyed to Shanghai together with his lorcha, but on his request
tor. Adamas to be allowed to return to his vessel on the pretext of getting
the
his clothes, the commander of the Adamastor, Lieutenant
Vicente F. Barruncho, imprudently allowed him to do so in the
company of Lieutenant Miranda before mentioned, and a Mr.
CONVICTION OF WM. FENTON, THE PIRATE . 317
Caldeira, a passenger, who spoke English, so that he might act Ch. XII § III,
as interpreter, the Commander of the Adamastor being also ofthe 1852.
party. They all left in a sampan* manned by four unarmed
sailors, Lieutenant Miranda having orders to bring with him also
a Chinaman said to be the son of the owner of the lorcha,
On arriving on board, Lieutenant Miranda immediately ordered
the Chinaman in question to get into the sampan, but received
a positive refusal to do so, and as it became necessary to use
force, the officer laid hold of him by the arm and gave him a
push towards the gangway. At this juncture , Lieutenant Lieutenant
Miranda
Miranda was suddenly surrounded by thirty armed men, the stabbed by
crew of the lorcha , and, on trying to draw his sword , was the pirates.
seized by both arms and stabbed to the heart with a Chinese
dagger. On falling, his body was thrown into the water and His body
thrown into
during the bustle of the moment, the sailors who had accom- the water.
panied the Lieutenant on board , jumped overboard and escaped The fate of
those who
with their lives, except the master of the Adamastor who was accompanied
drowned . Mr. Caldeira was driven by spears into the sampan him.
but was left alive though badly wounded . The Adamastor, on The Adamas-
the attack being noticed on board , fired on the pirates , who tor piraton
the fires es
immediately set sail, and their boat being faster than the Ada- who sail
master, soon got out of sight, thus leaving unavenged the trea- away
Fentonwith
.
cherous death of Lieutenant Miranda and the affront upon the
Portuguese flag. But the handof Providence was at hand , and Hand of
William Fenton was sooner or later to receive retribution . Providence
As at hand.
will hereafter be seen, he fell into the hands of the authorities ,
not through any extraordinary exertion on their part, but simply
by pure accident .
After escaping from the Portuguese, Fenton continued to be Fenton
continues
engaged in committing piracies on the coast, until at last, being his piracies.
overcome and captured by some Chinese junks which he had His capture
attempted to plunder, he himself first jumping overboard to by
andChinese
arrival
escape being killed , -he was brought to Hongkong by some in Hong-
Chinese on the 8th December , 1851, and handed over to the kong.
authorities, when, of course, he gave different versions as to
his capture. Tried at a special Sessions of the Criminal Court
on Monday, the 5th January, 1852 , on a charge of accessory
to murder,' the Jury, by a unanimous verdict, found Fenton not Found not
guilty, though by a strange coincidence, if not fatality, three out guilty of
accessory to
of four Chinese charged with piracy with violence at this very murder,'
Sessions were found guilty and sentenced to death . Naturally while several
Chinese
enough Fenton's acquittal gave vent to severe comment, and charged with
aroused the indignation of our Portuguese friends, who had sent sentenced
piracy are
an officer of the Adamastor over to identify Fenton . The to death.
authorities, upon pressure being brought to bear no doubt, Indignation
determined that Fenton should be tried again upon some other Portuguese.
A Chinese boat - lit . ' three planks.'
318 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch . XII § III. charge arising partly from the facts elicited at his trial , and partly
1852. from his own admissions , and accordingly on the 15th April
Fenton is this year ( 1852 ) , he was arraigned on a charge of ' consorting
arraigned
on a charge with pirates ,' was found guilty, and sentenced to three years'
of consorting imprisonment with hard labour. This miscreant after his con-
with pirates. viction made a statement to the effect that , being out of employ-
ment some two years back, he had been engaged by the owner
Found
guilty and of a salt lorcha as sailing master ; that subsequently his employer
convicted. engaged in convoying Chinese vessels on the north - east coast
and that on two particular occasions , there had been piratical acts !
His confes-
sions. The prisoner also now repeated his assertion that he had had
no hand in the murder of Lieutenant Miranda, but that he
Conclusions. had been engaged in piratical acts of the worst description,
quite apart from his own confession , there could be no doubt
upon the minds of any one acquainted with the dreadful deeds
committed either by Fenton himself or those with whom he had
been engaged, especially having regard to the reports which had
repeatedly reached Hongkong about the doings of the piratical
lorchas under European or American command . * As may be
surmised , it was with no little satisfaction that the community
heard of Fenton's conviction , however inadequate was the punish-
ment which could now be meted out to him.
Consular The Consular Ordinance, No. 2 of 1852 , was published on the
Ordinance
No. 2 of 1852. 27th January, 1852 , without a draft having been previously
Right of submitted to the community. It further took away the right
appeal
Supremeto the of appeal to the Supreme Court against Consular decisions under
Court from Consular Ordinance No. 5 of 1844, for breach of treaties between
Consular
decisions Great Britain and China, and which, under Ordinance No. 2 of
taken away. 1852 , were now made only reviewable by the Superintendent of
Consular
Ordinance Trade. By the Consular Ordinance No. 2 of 1847 , consuls
No. 5 of 1844, and vice - consuls were entrusted with judicial powers over
Consular British subjects , subject to appeal to the Supreme Court ; but
Ordinance
No. 2 of 1847. the main provision in the present Ordinance was to leave it to
Discre- the discretion of the consul or vice-consul to adjudicate finally
tionary 66
or to transmit the depositions to the Superintendent of Trade
powers as to
allowance who, as he saw fit, could either remit the matter back to the
of appeal.
consul for decision , or suffer it to go before the Supreme Court. "
Great Needless to say that this indirect mode of taking away the right
dissatisfac-
tion. of appeal to the Supreme Court caused great dissatisfaction,
considering especially the way in which the Ordinance had been
passed , the public having been given no opportunity of com-
menting upon it. †
Inconvc- Owing to the great inconvenience caused to the Bench in par-
nience to
the Court ticular, by the public making frequent use as an entrance to the
* See the case of the American pirate Eli Boggs- Chap. XVIII., infrà.
See further in reference to Consular Decisions, antè Chap. IV. , p. 115 ; the present Chap.,
antè p. 300 ; Chap. XIV., infrà ; Vol. II., Chaps. XXXVII ., XXXIX. , XLII., XLIX., and LXXII.
CHIEF JUSTICE HULME RETALIATES ON GOVERNOR BONHAM . 319
Court, of the door - way nearest the Chief Justice's Chambers , Ch. XII § III.
and on the left side of the Bench, by direction of the Chief 1852.
Justice, a board was set up, where it stands to the present day, by public
passing
bearing the words " Entrance for barristers , solicitors , reporters, through the
and officers of the Court only." door-way
nearest the
Bench.
Needless to say that this ' order ' has been a standing one Notice board
ever since, the present Chief Justice, Sir John Carrington, put
orderupofby
but recently ordering its strict enforcement. Chief
Justice
limiting
On the 11th February, a table of fees authorized to be receiv- passage to
ed in the Vice- Admiralty Court was duly passed , the same professionals
and a few
being published as late as on the 16th July, 1855. others.
Order a
A Criminal Sessions of the Supreme Court commenced on standing
one ever
Monday, the 16th February. There were ten cases upon the since.
Calendar. In one, six Malay sailors , Booray and others , were Table of
charged with the murder of John Paterson , chief mate of the Fees
Vice-in the
Corcyra, on the high seas , two being found guilty and sen- Admiralty
Court,
tence of death recorded against them. The trial was chiefly
February
remarkable on account of the sentence and the reasons assigned Criminal
by Chief Justice Hulme for sparing the men's lives , namely, Sessions.
Regina v.
that as the Governor had interfered with a former sentence of Booray and
Others.
his, when he had passed the fullest penalty of the law, by com- Murder of
muting same, he, the Chief Justice, therefore considered that in John
the present case the prisoners were entitled to the same leniency. Paterson,
Addressing the prisoners , His Lordship said : -- Corcyra,
by Malay
sailors .
" Prisoners at the bar, you have been found guilty of wilful murder, and
I should have had no hesitation in passing on you the fullest penalty of the Sentence
of death
law, were it not that on a former occasion I passed sentence of death in this recorded.
Court on men who, partly on their own confession, were also proved fully Extraor
guilty of wholesale murder, and that sentence, for what reason I know not, dinary
was commuted for a milder punishment . On the same grounds that those conduct of
men received a commutation of their sentences, whatever those unknown the Chief
Justice.
grounds may have been, you, in all impartiality, are entitled to the same leui-
ency. I have therefore only recorded sentence of death against you, and shall
As the
Governor
state to His Excellency the Governor my reasons for not at once sentencing
had inter-
you to the death you deserve !" fered with a
previous
sentence
These extraordinary remarks called forth various expressions of his, the
of public opinion, and however much the Chief Justice's remarks prisoners led
were entit
were to be deplored , it cannot be said that the Governor was al- to
together blameless for having given rise to them. The case which same
leniency.
gave rise to the Chief Justice's comment occurred at the Crimi- Public
nal Sessions held in July, 1850 , when nine Chinese were con- opinion.
victed of piracy with stabbing on a junk and sentenced to death, not
Governor
alto-
and to whom the Chief Justice had held out no hope of any gether
blameless.
* On this subject, see also Chap. XXX., infrà.
† See Vol. 11., Chap. LXXXIX.
320 HISTORY OF THE LAWS, ETC. , OF HONGKONG.
Ch . XII § III . commutation of their sentence, but which the Governor never-
theless afterwards reduced to transportation for life. * In
1852.
connexion with the case under consideration , however, it may
Death of
be recorded, that the first prisoner, Booray, died in Gaol on
Booray
in gaol. Tuesday, the 14th September.
Death of
Admiral Rear-Admiral Austen , the naval Commander-in- Chief,† who
Austen. did much in putting down piracy in the China seas during the
short time he was on the station , sailed in H.M.S. Hastings for
Rangoon on the 18th February, but died there on the 7th
October, of cholera, at the age of seventy- three.
Reg. v. Chan Ahtsup and ors., referred to antè pp. 289, 291.
† Sec antè p. 293.
321
CHAPTER XIII.
1852-1853 .
SECTION I.
1852 .
Departure of Chief Justice Hulme on leave to England .- Mr. Sterling, acting Chief
Justice. - Mr. Bridges, acting Attorney- General. - Mode of selecting Justices of the Peace
objected to. Memorial to Governor. -The curt reply.-Marriage Ordinance No. 1 of 1852.
-Mr. Ed. Morgan. Marriage Registrar. - His death.-Governor Sir G. Bonham leaves for
England on leave. - Major-General Jervois acts as Governor and also as Chief Superin-
tendent of British Trade pro tem .-Act 3 and 4 Wm. IV. c. 93.- Dr. Bowring appointed
Her Majesty's Acting Plenipotentiary and a Superintendent of British Trade. - Dr. Bowring
assumnes duties.-The grievance of the Colony in being burdened with entire salaries of
combined offices of Governor, etc.-Mr. Elmslie acts in Canton. - Permanent separation
ofGovernorship from office of Her Majesty's Plenipotentiary and Chief Superintendent
of British Trade believed beneficial. -Administration of Governor Bonham reviewed.
-Mr. Mercer gazetted a member of the Executive Council . - Desertion of soldiers
and sailors.--Three cases of aiding soldiers to desert.-The deserters inveigled
on board whalers. -The cases.--Their ill-usage. -Ordinance No. 2 of 1852, for the
suppression of desertion. -Conviction of Heycock for setting fire to the American
ship Rhone. Barque Ileraid. - Trial of Portuguese seamen for piracy and murder.—
Crime a horrible and barbarous one. -Scuttled on the south coast of Java. - Arrested
by the Dutch. - Sentenced to death. -The execution.-On the scaffold. - A free pardon.
-Coroner's inquest held at Central Police Station.- Another free pardon on Queen's
Birthday. -Death of Mrs. Cay. - Ordinance No. 3 of 1852, to amend the law of evidence.-
Ordinance No. 4 of 1852 , to facilitate the administration of criminal justice.- Nearly exact
copies of Act 14 and 15 Vict. c. 99 and 100. - Complaints about prisoners in capital cases
not allowed counsel when unable to retain one. - The practice heretofore in force. - No
regular system.- Reform asked for upon the point. - Retirement of Mr. A. R. Johnston
from the service. His career.- Succeeded by Mr. F. Harvey.-July Criminal Sessions.
Charges of keeping bawdy houses. Outrages on public decency.--The Magistrate's object
in committing for trial. - Chief Justice Hulme's opinion.--Verdict of the Jury.—Mr.
Sterling, acting Chief Justice, rebukes the Jury.-Mr. Hillier, Chief Magistrate, goes on
leave. Changes in consequence. - Mr. W. H. Mitchell. — Mr. May. - Departure of Messrs.
Hillier and Johnston.--Return from leave of Lieutenant Pedder. - Mr. May, Marshal of
the Vice-Admiralty Court. - Ordinance No. 5 of 1852. Writs of Capias ad Respondendum.
-Interpretation in the Courts again discussed. - Mr. Caldwell's multifarious duties. -The
interpretation question a public scandal.-Suggestion that boys in the public school be
specially trained.-- Death of the Duke of Wellington.-- Ordinance No. 6 of 1852, for the
prevention of desertion and better regulation of merchant seamen. - Claims of seamen to
local consideration.- Creation of a Sailors' Home suggested.- November Criminal Sessions.
Witness professing ignorance of dialect spoken is punished for contempt of Court. - Sen-
tences of death.
SECTION HI.
1853 .
Pawnbrokers wait upon the Governor. Complaint against the Police in search of stolen
property.-Acting Chief Justice grants permission to press reporters to attend his chain-
bers at the hearing of an important matter.- Privy Council appeal Y. J. Murrow r. C. J.
F. Stuart. Decision of Chief Justice Hulme affirmed. -The first appeal against a decision
of the Supreme Court of Hongkong. Ch. XIII $ 1.
THE Chief Justice, the Honourable John Walter Hulme, pro- Departure of
Chief
ceeded to England on eighteen months ' leave, for the benefit of Justice
his health , on the 28th February, by the P. & O. Steamer leave
Hulmetoon
Malta, Mr. Sterling, the Attorney-General being appointed England.
322 HISTORY OF THE LAWS, ETC. , OF HONGKONG .
Ch. XIII § 1. acting Chief Justice, and Mr. Bridges, barrister-at- law, a local
**
1852. practitioner, as acting Attorney- General, in the interim . The
Mr. Sterling Chief Justice had been in poor health for a considerable time,†
acting Chief
Justice. but yet with a laudable spirit had stuck to his post . He left
Mr. Bridges, the Colony amidst general regret and with the best wishes of
acting the residents . He had not been on leave since his assumption
Attorney-
General. of duty on the 16th June, 1848 , after that contemptible affair
which gave rise to his suspension , and which reflected so little
credit on either its originators or conductors , and had in its
effect raised rather than lowered him in public estimation .
Mode of The way in which persons were selected for the position of
selecting
Justices of Justice of the Peace gave dissatisfaction in certain quarters, and
the Peace a memorial was addressed to the Government upon the subject.
objected to.
The petitioners were curtly informed , on the 15th March , that
Memorial to the fittest persons alone were selected for the office, which seems
Governor.
The curt to have been the case judging by the names published at the
reply. time, and amongst whom was to be found Mr. John Charles
Marriage Bowring, a son of Dr. Bowring, Her Majesty's Consul at Can-
Ordinance
No. 1 of ton, and who was said to be a good Chinese scholar.
1852.
Mr. Ed.
Morgan, The Marriage Ordinance, No. 1 of 1852, was passed on the
Marriage 16th March, Mr. Edward Morgan , Auditor's Clerk, being ap-
Registrar.
His death. pointed first Marriage Registrar under it. This gentleman , it
Governor may be noted, died whilst on leave, at Point de Galle, Ceylon,
Sir G. on the 28th October , 1853 .
Bonham
leaves for
England The Governor, Sir George Bonham, left for England on
on leave.
Major- medical certificate by the P. & O. Steamer Ganges , on the 30th
General March. The Government Notification of that date, announe-
Jervois actsr
as Governo ing his departure, also notified that Major- General Jervois,
and also the Lieutenant - Governor, would administer the Government
as Chief
Superin- during His Excellency's absence, and until further notice, the
tendent of functions of Chief Superintendent of the Trade of British
British
Trade subjects in China also . On the 14th April, a further notifica-
pro tem. tion announced " that a full power as Her Majesty's Plenipoten-
Act 3 and 4
Wm. IV.c. 93 . tiary and a Commission as a Superintendent of Britith Trade
Dr. Bowring in China under the Act of 3 and 4 Wm. IV . c. 93 , addressed to
appointed
Her Ma- John Bowring, Esquire, LL.D , Her Majesty's Consul at Canton,
jesty's acting
Plenipoten- had arrived by the last mail, and that Dr. Bowring had , in
tiary and a obedience to Her Majesty's Commands , entered that day upon
Superin- the duties of his office. " The commission appointing him was
tendent of
British dated the 19th December, 1851. Dr. Bowring had arrived from
Trade.
Canton in the H. E. I. Co's Steamer Nemesis, and landed under
Dr. Bowring
assumes the usual salute. On arrival
On arrival he
he at
at once
once took
took up his residence at
duties.
* Sec antè Chap. XII . § 11., p. 301.
† Jd. pp. 304, 309.
+ See ante Chap. x. , p. 199,
DESERTION IN HER MAJESTY'S MILITARY AND NAVAL FORCES. 323
Government House, being replaced at Canton by Mr. Adam Ch. XIII § I.
Wallace Elmslie, the Vice-Consul. * 1852.
It had long been one of the grievances of the Colony that it actsMr. Elmslie
in
should be charged with an enormous salary when the principal Canton.
portion of the duties of the recipient, were exercised under the The grievance
of the
Foreign Office, and for the benefit of British residents in China, Colony in
who contributed nothing to Hongkong. The change noted burdened
ing
above, therefore, was one of considerable importance, and it was with entire
salaries of
thought that the permanent disjunction of the offices might combined
operate beneficially and to the Colony prove a manifest relief. offices
Governorof
,
On the departure of Sir George Bonham, the usual addresses etc.
were presented to him . During his administration, as will Permanent
separation
be remembered, complaints had been heard from time to of Governor-
time as to the deficient interpretation in the Courts of the ship of
that from
Her
Colony, and of his interference with judicial sentences , but Plenipoten-
Majesty's
a Governor whose acts no one could find fault with has never
yet been appointed, and Governor Bonham, it is to be presumed , Chief
Superin.
could not be expected to leave Hongkong amid universal plaudits . tendent of
British
On the 31st March, Mr. Mercer was gazetted a member of Trade
the Executive Council. believed
beneficial.
The desertion of soldiers and sailors from the Colony had of Administra-
late become so frequent that the authorities at last awoke to a Governo
ton of r
sense of their responsibility and determined to cope as far as Bonham
reviewed.
they could with the growing evil . At the Sessions held on the Mr. Mercer
15th April, there were no less than three cases in which the pri- gazetted a
member
soners were charged with aiding soldiers to desert. There had been ofthe
upwards of twenty desertions since the 1st January, and nearly Executive
Council.
all had been inveigled on board ships in the harbour, chiefly Desertion of
whalers in want of hands. In one case no less than four soldiers soldiers and
sailors.
had been stowed away by the mate in the forehold . In one case a Three cases
verdict of not guilty was returned , the majority of the witnesses of aiding
soldiers
having left the Colony in the whaleship Mount Wollaston, in to desert .
which two soldiers of the 59th Regiment had deserted the year The deserters
before. From the ill-usage they were exposed to, both fell sick, inveiglel
on board
one of them becoming totally blind, and at the first island reach- whalers.
ed they were put on shore and left without medicine, clothes , or The eases,
provisions of any kind . Such was the report as given by one
of the seamen of the vessel, upon whose testimony the sailor Their ill-
who enticed these unfortunate men to desert was committed usage.
for trial, and, without doubt, it was in consequence of these
disclosures that the Acting Governor, Major - General Jervois , Ordinance
caused Ordinance No. 2 of 1852 , dealing with the suppression No. 2 of
1852, for the
of desertion in such cases, to be promptly framed and passed , the suppression
of desertion.
same being brought into operation on the 18th May, 1852 .
* For previous reference, see antè Chap. IX.. p. 189.
f On the return of Governor Bonham, the offices were combined as before -see Chap.
XIV., infrà.
324 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XIII § J. At this Sessions also , R. G. Heycock was convicted of set-
-
1852. ting fire to the American ship Rhone, and sentenced to fifteen
Conviction
years' transportation , dying in prison , however, a year after-
of Heycock
for setting wards , on the 20th April, 1853.
fire to the
American Another cause célèbre was tried at the Criminal Sessions on
ship Thone. the 17th April, when Clementi and nine other Portuguese sea-
Barque
Herald. men, of the British barque Herald, stood their trial on a charge
Trial of of piracy and murder of the Captain , chief, and second mates
Portuguese
seam en for and others to the number of seven, (including the captain's
piracy and wife, Mrs. Lawson ) of the said ship. The crime was a horrible
murder.
Crime a and most barbarous one, the motive being robbery, some of the
horrible and officers being actually butchered while asleep or lying ill. The
barbarous
one. ship was at the time on her voyage from Shanghai to Scotland,
Scuttled on and was scuttled on the rocks on the south coast of Java. The
the south Dutch authorities , who effected the arrest of the prisoners, had
coast d by acted most honourably and with praiseworthy efforts in the
ofJava,
Arreste
the Dutch.
matter. forwarding the crew, after their capture, to Singapore
from whence they were duly shipped to Hongkong. At the
trial, the acting Chief Justice, Mr. Sterling, presided , Mr.
Bridges prosecuting for the Crown, the prisoners being defended
Sentenced by Mr. Gaskell. The prisoners were found guilty and sentence
to death.
of death was passed on the ten of them . Two of the remaining
crew against whom nothing appeared in the indictment, were
put out of the dock and afterwards discharged by proclamation .
On the 26th April , the acting Governor proclaimed that the
sentence passed on four of the prisoners had been commuted to
The execu transportation for life, the last sentence of the law being carried
tion. out on Monday, the 3rd May, at six o'clock in the morning,
on the remaining six. The six men had been attended by
a priest of their own persuasion who ministered to them on
On the the scaffold , where one of the doomed men addressed the
scaffold.
crowd, composed of all classes, to the effect that both him-
self and his companions were sensible of the justice of their
punishment, and that they did not deserve to live . The hang-
man on this occasion was a coloured American prisoner whose
term of imprisonment was reinitted as a reward for his services .
" After hanging for an hour, " says a report, " the bodies were cut
down and thrown into a wagon to which a horse stood harnessed
close by, and covered with inats, the heap of lifeless flesh was
taken back to the Gaol where it was interred . This part of the
business was the most revolting of the whole . "
A free A boy, named Chow Atae, convicted of robbery at the Ses-
pardon. sions of the 16th April, was granted a free pardon by the
Governor on the 8th June.
Coroner's Owing to the unnecessary inconvenience to which Coroner's
inquest
Juries were subjected, in consequence of representations made
COUNSEL TO UNDEFENDED PRISONERS . 325
to the Governor by a juryman, official intimation was received Ch . XIII § I.
early in May, that " in order to promote public convenience, 1852.
inquests would be held at the Central Police Station except in held at
Central
cases offering obstacles to such an arrangement.' Police
Station.
The prerogative of mercy, consequent on the approach of the Another
Queen's Birthday, was extended to Cheng Akai , convicted at the on
freeQueen's
pardon
last October Sessions of manslaughter. Birthday.
The Registrar of the Supreme Court, Mr. Robert Dundas Death of
Cay, on the 21st June, had to deplore the loss of his wife, Mrs. Cay.
whose death took place at Victoria, on that date. This lady
had arrived in the Colony at the same time as Mr. Cay, in May,
1844. *
On the 29th June, Ordinance No. 3 of 1852 , entitled " An Ordinance
Ordinance to amend the Law of Evidence," and Ordinance No. 1852,3of to
4 of 1852 entitled " An Ordinance to facilitate the Administra- amend
the law of
tion of Criminal Justice," were duly passed . These Ordinances, evidence.
which are very nearly exact copies of two Acts passed in Eng- Ordinance
No. 4 of
land the year before [ 14 and 15 Vict. , Cap. 99 and 100 ] , 1852 , to
were apparently promulgated without being first published for facilitate the
administra-
public information, but undoubtedly they were then great tion of
strides in local legislation , and an important change in the ad- criminal
justice.
ministration of justice . Nearly exact
copies of
Complaints were now formulated in respect of prisoners in se- Act 14 and
rious cases, mostly involving capital sentences, not being allowed 99 and 100.
counsel in their defence when unable themselves to retain them. Complaints
about
It had been the practice of the Court until now, sometimes to prisoners in
ask a solicitor or counsel to defend a prisoner, or for counsel capital
cases not
to consent to undertake the defence of a prisoner, generally a allowed
European , when applied to direct by the prisoner himself , and unable
counselto
when
not infrequently was the application made in open Court to retain one.
any professional who happened to be present, but there existed The practice
no regular system or order upon the point, and the matter was heretofore
in force.
now taken up by the local press , the acting Attorney - General , No regular
Mr. Bridges, being asked to effect some reform or improvement system.
by which every prisoner should have a lawyer to defend him , as
the same facilities and abilities should be brought to the defence as Reform
are brought to the attack. There could hardly be any hardship asked
upon thfor
e
defence point.
if each of the lawyers in the Colony were to take up the
of criminals in rotation of Sessions , and , in comparison with the
the jurors, it certainly would not be so hard, even if the
service were gratuitous, as it was to take away from the com-
See ante Chap. II., p. 47.
On this point see the case of Steele, reported ante Chap. XII. § I., p. 276. At the
trial of Chui Apo, it will be remembered , Mr. Gaskell undertook the defence of the pri-
soner at the request of the Governor, see antè Chap. XII. § 11., p . 297. See also the case
of Wm. Kelly in 1856, when Counsel and Solicitor were appointed in Court to defend the
prisoner-Chap. XVI. § 11., infrà.
326 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. XIII § I. munity eighteen of its working members to form a jury. But
-----
1852. it was not really until 1872 that any reform was effected . *
Retirement
of Mr. A. R. On the 9th July, Mr. A. R. Johnston, Secretary and Registrar
Johnston
from the to Her Majesty's Plenipotentiary and the Superintendency of
service. British Trade in China , retired from the service, and was suc-
His career.
Succeeded ceeded by Mr. Frederick Harvey on a reduced salary.†
by Mr. F.
The July Criminal Sessions was held on the 15th and 16th
Harvey.
July Crimi- July. The first case was that in which a woman was charged
nal Sessions. with keeping a bawdy house . The prisoner, as usual with Chi-
Charges of
keeping nese in those days, was undefended , and pleaded not guilty.
bawdy Such cases, being committed for trial before the Supreme Court ,
houses.
instead of being adjudicated upon by the Magistrate, had already
Outrages on given offence, and it was hoped that this was the last instance the
public
decency. Hongkong public would have of similar outrages on public
The Magis- decency. The Magistrate, in committing such cases for trial , did
trate's
in object so with the object of securing a heavier punishment on the
commit-
ting for trial. delinquents than he himself could inflict, hoping thereby to put
Chief down a growing evil, but neither the public nor the Chief
Justice
Hulme's Justice, Mr. Hulme when in office, looked upon it in the same
opinion. light, and the Jury, in returning a verdict of not guilty, accom-
Verdict of
the jury. panied it with the following remarks : --
" In returning a verdict of acquittal, the Jury beg to remark that the pri-
soner had been in gaol for a period of nearly three months, as heavy a punish-
ment as the offence deserved , had she been found guilty. And they further
beg to recommend that the Magistrates be instructed to decide such cases
summarily in future . ”
Mr. Sterling, The acting Chief Justice, Mr. Sterling, rebuked the Jury for
acting Chief going beyond their province, and laid it down that the public
Justice,
rebukes prosecutor was the proper person to determine the point, having
the Jury .
* See Vol. II ., Chap. LVI.
† Mr. Johnston entered Her Majesty's Civil Service at the island of Mauritius in
February, 1828 ; from which he was transferred to the Civil Service in China, whence he
proceeded in January, 1834, as private secretary to Lord Napier, who arrived in Macao
Roads on the 15th June, 1834, in H. M. S. Andromachr. After His Lordship's death in
October of that year, Mr. Johnston was made Secretary and Treasurer to the Superin-
tendent of Trade, and some time afterwards, third Superintendent of Trade. When
in 1837 , the offices of second and third Superintendent were abolished, Mr. Johnston
was appointed to the office of Deputy Superintendent , which he held until November,
1843, when the changes brought about by the Treaty in the position of the Chief Superin-
tendent, who was likewise Governor of Hongkong, created a corresponding alteration in
the duties of Mr. Johnston's office, who from Deputy Superintendent, became Secretary
and Registrar,* which post he held until the 9th July as shown above, when, having
obtained a handsome pension, he was succeeded by Mr. Harvey. In June, 1841 , Mr.
Johnston administered the Government of Hongkong.† until he was relieved by the arrival
of Sir Henry Pottinger from the North, and was appointed a member of the Executive
and Legislative Councils previously to his going Home in November, 1843, on sick leave,
and on his return to Hongkong in 1846 , Sir John Davis appointed him to a seat in the
Executive Council. Mr. Johnston belonged to a family which had long held a conspi-
cuous place in the public service. His father, Sir Alexander Johnston, was Chief Justice
of Ceylon, and held the office of Judge of Appeals before the Privy Council from 1831 to
1848. A brother of his had been employed in Portugal and Spain, and had settled the
claims of Don Pacifico to the entire satisfaction of the Foreign Office. Mr. Johnston
retired on a pension of £ 600 a year.
* See Introduction, antè p. 24.
† Id. p. 9.
INTERPRETATION A MOMENTOUS QUESTION. 327
a discretion in such matters, which in his ( Mr. Sterling's ) Ch. XIII § 1.
opinion had been wisely exercised in the present instance. It 1852.
will be remembered that Mr. Hulme, the Chief Justice, fully
concurred with the Jury in their views similarly expressed at
the Criminal Sessions held in December, 1851. *
A Government Notification , on the 19th July, intimated that Mr. Hillier.
Mr. Hillier, the Chief Magistrate, had been granted six months' Chief
Magistrate,
leave of absence on sick certificate, and that Mr. W. H. Mitchell , goes on
leave.
the Assistant Magistrate and Sheriff, would perform his duties, Changes in
and that Mr. May, the Superintendent of Police, would fill the consequence.
Mr. W. H.
offices of Sheriff and Coroner, and perform magisterial duties, Mitchell.
whenever his services were required. Mr. May.
Mr. Hillier, together with Mr. Johnston, the retiring Secretary Departure
and Registrar to the Plenipotentiary, left for England, on the ofMessrs.
Hillier and
23rd July, by the P. & O. Steamer Malta. On the 5th August, Johnston.
Return from
Lieutenant Pedder, the Harbour Master and Marine Magis- leave of
trate, who had returned to the Colony on that day, resumed Lieutenant
Pedder.
the duties of his various offices , and on the same date, Mr. May Mr. May,
was gazetted as Marshal of the Vice- Admiralty Court rice Mr. Marshal of
the Vice-
W. H. Mitchell while performing the duties of Chief Magistrate . Admiralty
Court.
Ordinance No. 5 of 1852, giving power to the Registrar to Ordinance
issue writs of Capias ad Respondendum during the illness or No.
1852.5 of
temporary absence of the Chief Justice, was passed on the 11th writs of
August. Capias ad
Responden-
During this month, the interpretation , or rather want dum.
of interpretation, in the Courts again formed the subject of tion
Interpreta-
in the
public discussion. Mr. Caldwell, the Assistant Superintendent Courts again
of Police, was about the only reliable interpreter the Colony discussed
Mr. Cald-.
possessed, and it was often asked what the condition of things well's
would be, should he die or leave the Colony , quite apart from multifarious
duties.
the multifarious duties he had to perform, for, besides his Police
duties, he was also Chinese Interpreter to the Supreme Court,
occasional Chinese interpreter at the Police Court, and in addi-
tion was also interpreter in Portuguese, Malay, and Hindustani ,
and Joint- Assessor and Collector of the Police rate. The
Government was asked to take immediate steps to bring about The interpre
tation
animprovement in what was considered a public scandal, com- question a
parisons being drawn between interpreters allowed under the scandal.
public
Foreign and Colonial Offices, greatly to the detriment of the
latter. This was a momentous question concerning no less than Suggestion
that boys
almost the entire administration of justice in the Colony, and in the
now for the first time in the records, is to be found the sugges-
public
school be
tion that boys in the public schools of the Colony should be specially
specially trained as interpreters . trained.
* See antè Chap. XII. § II., p. 308.
See Chap. XI.. p. 223, and references there given,
328 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch . XIII § I. It may not be inappropriate here to note that news of the death
1852. of the Duke of Wellington , which took place on Tuesday after-
Death of
the Duke of noon , the 14th September, 1852 , at Walmer Castle, England.
Wellington. reached Hongkong on the 3rd November, by the P. & O. Steamer
Ordinance Pottinger.
No. 6 of
1852, for the Ordinance No. 6 of 1852 , -a very necessary enactment, -which
prevention
of desertion met with general approval, for the prevention of desertion and
and better
better regulation of merchant seamen in the Colony, was passed
regulation of
merchant on the 6th November . More than once the claims of seamen
scamen.
Claims of to local consideration had been publicly urged, and the creation
seamen to of a Sailors' Home suggested , whereby the bodily comforts of
local consi-
deration. the numerous sailors frequenting the port might be attended to.
Creation of
a Sailors' At the Criminal Sessions held on the 15th November, a piracy
Home
suggested. case against two Chinese broke down in consequence of the wit-
November ness professing ignorance of the dialect in which the interpre-
Criminal
Sessions. ter spoke to him. This the acting Attorney- General considered
Witness a more sham, and, at his earnest request, the acting Chief
professing Justice, after some demur, sentenced the witness to six weeks'
ignorance
of dialect imprisonment for contempt of Court. The witness fully under-
spoken,
punishedisfor stood the sentence, however, when translated to him, the
contempt prisoners themselves being discharged .
of Court.
Sentences
of death. On the 15th December two prisoners were sentenced to death,
one for highway robbery, and the other for murder on the
high seas .
Ch. XIII § II.
1853 .
Pawnbrokers The pawnbrokers waited upon the Governor on the 31st
wait upon
the Governor. January to complain against the action of the Police in occa-
Complaint sionally intruding upon their premises in search of stolen pro-
against the perty, but as the calling of a pawnbroker made no exemption as
Police in
search of regards visits from the Police, and which they certainly did not
stolen
enjoy in their own country, nothing seems to have come of
property.
the deputation .
Acting
Chief
Justice On the 2nd February, the acting Chief Justice granted per
grants
permission mission to certain press reporters to attend his chambers at the
to press hearing of an important matter, wherein it was sought to re-
reporters strain a local solicitor who received an annual retainer from a
to attend
histhe
at chambers company as its legal adviser, from appearing on behalf of an
hearing opponent who was now desirous of retaining his services as
of an against the said company.
important
matter.
Privy The Privy Council on the 3rd February dismissed the appeal
Council
appeal Y. J. case in which Yorick James Murrow was the appellant and
Murrow r.
C. J. F. Charles James Fife Stuart the respondent. This was an action
Stuart, brought by the respondent , as endorsee, against the appellant,
THE FIRST APPEAL TO THE PRIVY COUNCIL . 329
as drawer, of a bill of exchange for £ 1,154 . 15s. 7d. The bill Ch, XIII § II .
was drawn by the appellant under the name and style of " Mur- 1853.
row & Co., " upon and accepted by Messrs . Johnson , Cole & Co. ,
payable six months after sight to the order of the appellant,
and by the appellant endorsed to one Burn, and by Burn en-
dorsed to W. W. Cargill, " value in account with the Oriental
Bank," and by Cargill endorsed to the respondent. Burn was
the manager of the bank at the time of the endorsement to
him, and the respondent was the manager at the time of the en-
dorsement to him. Upon the bill being dishonoured , the re- Decision
of Chief
spondent as endorsee brought an action against the appellant as Justice
drawer. The defendant, Murrow, filed a general demurrer that Hulme
the endorsements preceding that to the plaintiff were restrictive . affirmed.
Chief Justice Hulme held that there was nothing upon the en-
dorsement by Burn to preclude Cargill, the restricted endorsee,
from making an assignment of the bill, so as to give the subse
quent endorsee a right of action for the benefit of the restrain-
ing endorser, or cestui que trust, as the case may be, which
decision was affirmed by the Judicial Committee of the Privy The first
Council. * appeal
against
a decision
This was the first appeal against a decision of the Supreme of the
Supreme
Court of Hongkong, which, it may be added , was permissible at Court of
this time under the Act 2 & 3 Wm . IV. c. 92.† Hongkong.
* See 8 Moo . P.C.C. 267.
See also 3 & 4 Wm. IV., c. 41 ; 6 & 7 Wm. IV. , c. 112, and Ex parte Smyth, 2 C.
M. & R. 748 ; s. c. 3 Ad. & E. 719 ; 1 Tyr. & G. 222 ; 5 N. & M. 145.
330
CHAPTER XIV .
1853-1854 .
SECTION I.
1853 .
Sir George Bonham's return from leave. - Made a Baronet .--Return of Chief Justice
Huline and of Mr. Hillier, the Chief Magistrate. - Offices of Governor and Plenipotentiary
combined as before. - Chief Justice returned in improved health. — Mr . Sterling as acting
Chief Justice. Mr. Bridges as acting Attorney-General. — Mr. T. Wade, appointed Vice-
Consul at Shanghai.-- Dr. Bowring returns to Canton. - Mr. Trotter, Clerk to the Chief
Justice, goes on leave. - Mr. Bevan, of The Hongkong Register, acts.-Dr. Bowring goes to
Java. Mr. H. S. Parkes acts at Canton. - Convicts leave for Penang.- Dr. Bowring pro-
ceeds to England.- Mr. Hillier appointed member of the Legislative Council, and Mr.
Sterling, of the Executive Council. - The Governor visits northern consulates -Consular
appeal, Wardley & Co. v. Wilkinson . Refusal of Consul to allow counsel to appear before
him. The Chief Justice's opinion.- Departure on leave of Mr. Cay, the Registrar. - Mr.
Alexander acts.-Mr. W. H. Mitchell, Assistant Magistrate, goes on leave.- Mr. May acts.
---Mr. Caldwell, acting Superintendent of Police.- Crime at this period . The Police.—
Public meeting proposed.--April Criminal Sessions. Trivial cases committed. -Home cur-
rency. Legal tender.- Free pardons on Queen's Birthday. - Tenders for the erection of a
tread -wheel in the prisons.--Privy Council Appeal Tromson v. Dent and others.—Appeal
against decision of Mr. Sterling, acting Chief Justice.--Appeal dismissed .- Divorce case of
Mr. W. H. Mitchell, Assistant Magistrate, and his wife. -The report of the case. - Separation
pronounced for. —Apathy characteristic of the Chinese. - Chinese in serious cases of assault
and robbery looking on and not assisting. - Assault on Captain Montgomery, of the Pestonjer
Romanjee.--Lo Ahoi, a by-stander, committed for misprision of felony. - The Chinese peti-
tion the Chief Magistrate. — Mr. Hillier's reply.—Apathy displayed by Chinese where their
own persons and property not at stake.--Acquittal of Lo Ahoi . -Admiral Pellew succeeds
Admiral Austen.- The appointment criticized in The Times.- Destruction of pirates by
Admiral Pellew.-- Murder of Europeans on board the Arratoon Apear by Chinese. - The
murderers escape.-- Order ofthe Queen-in-Council of the 13th June, 1853 , abolishing Consular
Ordinances and substituting a Code.- Powers heretofore vested in the Supreme Court.-
Power for Superintendent and Consuls to make rules and to enforce them by fine and im
prisonment.--Civil suits.--Appeals to the Supreme Court of Hongkong and to the Chief
Superintendent. - Breaches of rules and regulations.--Appeal from Consul or Vice-Consul
to the Chief Superintendent. - Case for trial before the Supreme Court of Hongkong. - The
power of deporting refractory subjects.--Generally. - Ordinance No. 1 of 1853.-- l'ublica-
tion of first Government Gazette.- Order of the Queen-in-Council of 13th June, 1853,
establishing Rules in Appeals to the Queen-in- Council.-- Mr. E. R. Michell replaces Lieute
nant Pedder on leave. - Tenders for conveyance of convicts to l'enang.--Determination of
Chinese affairs.- Ordinance No. 3 of 1853. - Duties of Chinese tepos under Ordinance No.
13 of 1844 extended .-- Settlement of civil suits among Chinese.--Code of laws by General
Gough for the government of the Chinese community.-Opposition to Chinese being given
share in the administration of justice.- Ordinance No. 3 of 1853 experimental only. -The
preamble. - A ' tepo.'—Ordinance No. 13 of 1844. - Paouchong and Paoukea Chinese peace
officers.--First attempt at legislation for benefit of Chinese.- Main opposition to Chinese
being entrusted with administration of the law.- Public opinion on the point.-Ordinance
No. 6 of 1857.
SECTION II.
1854 .
Dr. Bowring appointed Governor of Hongkong and Her Majesty's Plenipotentiary, etc.
-English opinion. - Dr . Bowring presented to the Queen and knighted .--His arrival in
Hongkong. - Colonel Caine, Lieutenant-Governor. - Mr. Mercer, Colonial Secretary, rice
Caine. -Colonel Griffin, R.A., commanding the troops , a member of the Executive Coun
cil. -Colonel Caine's commission only effective in the absence of Sir John Bowring.--Mr.
Mercer a member of the Executive Council. -Departure of Sir George Bonham. His
policy in Hongkong.-- Supernumerary interpreters attached to Consular Establishment
RETURN OF GOVERNOR BONHAM · AND CHIEF JUSTICE HULME . 331
increased . —Mr. Bridges consults the Chief Justice upon a matter. The Chief Justice's
reply. The Court does not sit as a consulting surgeon ." -Tenders for passage of Chinese
convicts to Penang.-The recall of Admiral Pellew. -Admiral Sterling succeeds Admiral
Pellew. -Admiral Seymour as successor to Admiral Sterling.- Death of Lieutenant Pedder,
the Marine Magistrate, etc. -Captain T. V. Watkins, R.N. , replaces Lieutenant Pedder.-
All marine cases, except Chinese, entertained by Marine Magistrate. Ch. XIV § I.
THE P. & O. Steamer Singapore arrived in Hongkong on Sun- Sir George
day, the 13th February. She brought as passengers the Govern- Bonham '
return from
or, Sir George Bonham, who had been raised to the dignity of leave.
a Baronet shortly before leaving England , the Chief Justice, the Made a
Honourable J. W. Hulme, and the Chief Magistrate, Mr. Hillier . Baronet.
Return
Sir George Bonham's return solved several important problems. of Chief
Justice
The first was as to his return , which had been doubted , and the Hulme an l
next as to the probability of the two offices of Governor and of Mr.
Hillier,
Plenipotentiary being ever united again in one official . * the Chief
As regards the respected Chief Justice, whose health had Magistrate.
Offices of
much improved by his trip to Europe, his resumption of and Governor
Pleni-
duties in the Colony was a source of great satisfaction , though potentiary
at the same time, regret was felt in taking leave of the combined
acting Chief Justice, Mr. Sterling. His conduct, while hold- as before.
Chief Justice
ing the office of acting Chief Justice, had entitled him to the returned
highest respect. He was believed to be conscientious , and had in improved
health.
proved an able and painstaking Judge, and a worthy repre- Mr. Sterling
acting
sentative of the gentleman on whose return the Colonists congra- as acti
Chief
tulated themselves. Mr. Bridges, as acting Attorney - General, Justice.
had also filled his office in a satisfactory manner, patting aside Mr. Bridges
as acting
his inexperience and want ofknowledge of common law to which, Attorney-
General.
it was said , his previous studies had not been directed .
Mr. T. Wade,
On the 14th February, the appointment of Mr. Thomas Wade, appointed
Vice- Consul
the Assistant Chinese Interpreter and Interpreter to the Govern- at Shanghai.
or, as British Vice -Consul at Shanghai, vacant by the promo- Dr. Bowring
returns to
tion of Mr. Robertson , barrister-at -law, to the Amoy consulship, Canton .
and who, it will be remembered , arrived in the Colony at the Mr. Trotter,
Clerk to
same time as Mr. Sirr in 1844, was duly gazetted. The resump- the Chief
tion by Dr. Bowring of his duties as Consul at Canton was goe Justice,
s on
also notified on the same day. leave.
Mr. Bevan,
Mr. G. A. Trotter, Clerk to the Chief Justice, proceeded to Eng- of The long-
land on leave of absence on the 25th February, being replaced by kong -
gister, acts.
Mr. W. F. Bevan, of The Hongkong Register editorial staff. Dr. Bowring
goes
Having obtained three months ' leave of absence, Dr. Bowring to Java.
Mr. H. S.
left Hongkong on the 10th March by H. E. I. Co.'s Steamer Parkes
Semiramis, on a tour to Java, being in the meantime succeeded acts at
Canton.
by Mr. Harry S. Parkes, Interpreter to the Canton Consulate . Convicts
By the same boat there left twenty convicts, nineteen Chinese leave for
Penang.
and one Malay, for Penang.
The separation was not effected until 1859 -see Chap. XXVIII., infrà.
4 See ante Chap. V. § 11., p. 130 ; and Chap. IX,, p. 189 .
See antè Chap. 11., p. 55.
332 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. XIV § I. On the 1st May, Dr. Bowring's leave was extended to twelve
1853. months, when he left for England , Mr. Robertson proceeding
Dr. Bowring from Amoy to replace him .
proceeds to
England . A notification, of the 8th March, announced the appointment
Mr. Hillier
appointed of Mr. Hillier to the Legislative Council , in the room of Mr. :
member Sterling, removed to the Executive Council. This arrangement
of the
Legislative was considered satisfactory so long as the Governor's power in
Council, making laws was unlimited , and the proceedings of the Council
and Mr.
Sterling, kept secret.
of the
Executive On the morning of the 13th March, the Governor proceeded
Council, to the northern consulates in H. M. S. Hermes, returning on
The Gov-
ernor visits the 26th May, the government in the interval having been
northern administered during his absence by the Lieutenant - Governor ,
consulates.
Major- General Jervois .
Consular In the Consular appeal case of Wardley & Co. v. Wilkinson,
appeal,
Wardley & Sanders & Co. , Chief Justice Hulme, on the 21st March,
Co. r. Wilkin- expressed surprise at the acting Consul at Canton , Mr.
son.
Refusal Elmslie, having refused to allow counsel, Mr. Pollard , to
of Consul appear before him, and said he was astonished at any Court
to allow
counsel refusing such assistance, and remitted the case for re-hearing.
to appear It may be remarked that Mr. Bridges now appeared for the
before him. appellants , and the Attorney - General for the Consul . The Chief
The Chief
Justice's Justice expressed his opinion that the presence of legal men in
opinion. the Consular Courts could only tend to make proceedings more
regular, adding, moreover, that he did not admire the way things
were conducted in the Consular Courts . After much discussion,
as will be seen hereafter, it was not until 1856 that the right
of counsel to appear before the Consular Courts was really
admitted .†
Departure Mr. Cay, the Registrar of the Supreme Court, proceeded on
on leave
of Mr. Cay, leave of absence on the 24th March, being succeeded by Mr.
the Regis- Alexander, the Deputy Registrar, and on the same date Mr.
trar.
Mr. W. H. Mitchell, styled " Assistant Magistrate of Police, Sheriff,
Alexander Provost Marshal, and Marshal of the Vice- Admiralty Court and
acts.
Coroner," went on twelve months ' leave. Mr. Charles May,
Mr. W. H.
Mitchell, Superintendent of Police and Registrar- General, replaced him,
Assistant
Magistrate, while Mr. Caldwell, styled " Assistant Superintendent of Police
goes on leave. and General Interpreter," replaced Mr. May.
Mr. May acts.
Mr. Cald- The number of burglaries committed in the town was at this
well, acting period again on the increase, the thieves placing the Police com-
Superin-
tendent of pletely at defiance, and so strong had latterly become the in-
Police. security of property, that it was proposed to call a public meeting
Crime at
this period. and appoint a deputation to remonstrate with the Government.
See antè Chap. XIII. § 1., p. 322.
Chap. XVI. § II , infrà.
See antè Chap. XII. § 1., p. 288.
DIVORCE OF MR . W. H. MITCHELL, ASSISTANT MAGISTRATE . 333
At the Criminal Sessions , held on the 22nd April, several ofch. XIV
-- § I.
the cases committed for trial would have been summarily decided , 1853.
had not the Chief Magistrate considered it necessary, for the The Police.
determent of others, that a more severe punishment should be Public
meeting
awarded than it lay in his power to inflict . proposed.
Trivial cases
committed.
The Proclamation by the Queen , to come into force on the 1st Home
currency.
October, 1853 , making the coins of the United Kingdom current Legal tender.
in Hongkong, and declaring the same not a legal tender in pay-
ment of sums exceeding forty shillings, was duly published on
the 27th April . Free pardons
on Queen's
Birthday.
On the occasion of the Queen's Birthday, the acting Governor, Tenders
on the 24th May, granted a free pardon to two Chinese , one erection of a
tread -wheel
being a woman . In further connexion with the Gaol , it may in the
be mentioned that, on the 7th June, the Government called for prisons.
tenders for the erection of a tread- wheel and other works. Privy
Council
Appeal.
The appeal case of Tromson, appellant, v . Dent and others , Tromson
respondents, was finally dealt with by the Privy Council on the and
Dent
others.
22nd June, 1853. * This was an appeal against the decision of Appeal
the acting Chief Justice, the Honourable Paul Ivy Sterling, decision
against
delivered on the 27th March, 1852, upon the verdict of a jury of Mr.
in an action of assumpsit brought by the respondents against actin
Sterling,
g Chief
the appellant, to recover the value of twenty- two chests of Behar Justice.
opium, shipped on board the steam-vessel the Erin, of which
the appellant was master, on a voyage from Calcutta to Hong-
kong, and alleged to have been lost through the improper con-
duct of the appellant as such master. The appeal was dismissed dismissed.
Appeal
with costs.
On the 8th July, the divorce suit of Mr. W. H. Mitchell , the case
Divorce
of
Assistant Magistrate, against his wife, and in which the co-re- W. H.
spondent was styled " Prince of Armenia," was tried in the Mitchell,
Assistant
Court of Queen's Bench before Lord Campbell and a special Magistrate,
Jury. Mr. Edwin James, with whom was Mr. Hance, appeared and his wife.
for the plaintiff, and Mr. Macaulay for the defendant . From the
report of the case which appeared in The Times of the 9th July, The report
of the case.
the plaintiff was married on the 1st July, 1848 , in Hongkong,
by the Reverend Mr. Stanton , to the defendant who was then
Mrs. Kirby, the widow of a local merchant. The Jury finding a
verdict of guilty , the damages against the co-respondent were
assessed at £ 700.
On the 9th March, 1854 , the separation was pronounced for, Separation
pronounced
the suit coming off in the Consistory Court before Dr. Lushing- P
* 8 Moo. P. C. C. 419.
334 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XIV § I.ton . The following is an extract from a Home paper of the time
1853. on the subject : -
" The defendant had left Hongkong for England with Dr. and Mrs. Stew-
art, her husband being the acting Chief Magistrate of Hongkong and unable
to leave his duties . For some time she resided with a Mrs. Lay, but in the
month of June, 1852, went to live at a boarding-house in Weymouth Street,
where it was alleged she met with a person named Koricoz, who styled him-
self the Prince of Armenia, and with whom two specific acts of adultery were
charged. She was expelled from that house, but it was pleaded great intimacy
subsisted between her and Koricoz . Mr. Mitchell, on being apprised of the
facts , came to this country, brought an action against Koricoz , and obtained a
verdict with £700 damages. An allegation was given in by Mrs. Mitchell,
denying the truth of the facts pleaded in the libel of the husband.
Dr. Haggard was proceeding to open the case on behalf of Mr. Mitchell,
when the learned Judge interposed, and said that he should like to hear the
counsel on the other side.
Dr. Deane said that he had intended calling the attention of the Court to
the evidence of two of the witnesses in the case ; but, as the learned Judge
had read the evidence, he would not press the matter.
Dr. Lushington said that he could not bring himself to doubt for a single
moment that the adultery was satisfactorily provedl. He therefore pronounced
Apathy for the separation, and signed the sentence."
characteristic
of the
Chinese. It had been a subject of universal complaint on the part of Euro-
Chinese in peans in the Colony, and one of long standing which exists to
serious
cases of this day, denoting apathy characteristic of and immutable in the
assault and
Chinaman, that in cases of assault and robbery in the streets.
robbery
looking on though hundreds of Chinese might be looking on, the offenders
and not are permitted to escape without an arm being stretched out
assisting.
Assault on to apprehend them, but in one instance, that of Captain
Captain Montgomery, of the Pestonjee Romanjee, who was assaulted and
Montgomery,
of the robbed in the Queen's Road in April, a by-stander, named
Pestonjer Lo Ahoi, reckoned without his host, for he was taken in cus-
Romanjee.
Lo Ahoi, a tody, examined , and committed for trial on a charge of mis-
by-stander, prision of felony. This proceeding seemed to have alarmed his
committed
for mispri countryman, several of whom petitioned the Chief Magistrate for
sion of his discharge, but of course ineffectually. The arguments they
felony. used may be inferred from Mr. Hillier's reply, copies of which
The Chinese
petition were posted up in the markets and principal thoroughfares.
the Chief
Magistrate. It severely animadverted on the apathy displayed by the Chi-
Mr. Hillier's nese in every case in which their own persons and property are
reply. not at stake, especially instancing fires, when, with few exceptions,
Apathy not the slightest assistance is rendered by the crowds who flock
displayed
by Chinese to the spot with intent to pillage , or for the mere gratification
where their
own pers ons of curiosity. Tried at the Criminal Sessions held on the 15th
and property July, Lo Ahoi was however acquitted, no witnesses having
not at stake. appeared , and the Jury naturally placing but little reliance upon
Acquittal
of Lo Ahoi. the only evidence which was in the form of depositions. Repeated
TRAGEDY ON BOARD THE ARRATOON APCAR. 335
instances of such apathy, as innate in the Chinaman , will be Ch. XIV § 1 .
found recorded occasionally in this work. * 1853.
On Monday, the 1st August, about noon, Her Majesty's Fri- AdmiralPellew
gate Winchester, Captain Shadwell, bearing the flag of Sir Fleet- succeeds
wood Broughton Reynolds Pellew, C.B. , K.C.H. , Vice - Admiral of Admiral
Austen.
the Blue, in succession to the late Admiral Austen ,† as Comman-
der-in - Chief in the East Indies, arrived in the harbour. Admiral
Pellew was the second son of the late Admiral Lord Viscount
Exmouth, G.C.B .; and on the occasion of his appointment to the
command of the forces in the East, a correspondent of The Times, The
mentappoint-
evidently acquainted with Admiral Pellew's qualifications for criticized
the high position conferred upon him, suggested that the first in The Times.
act of Sir James Graham as First Lord of the Admiralty, should
..
be, the cancelling of the appointment of Sir Fleetwood Pellew
to the command of the Indian fleet after thirty - four years' servi-
tude on the dry land ." As events showed afterwards, this sug-
gestion was by no means misplaced . ‡
On the 9th August Admiral Pellew in the Winchester, accom- Destruction
of pirates by
panied by the Spartan and other men- of- war, left the harbour, Admiral
returning on the 17th, having taken and destroyed during the Pellew.
cruize, a formidable fleet of pirates which were known to have
associated together on the west coast where they had committed
many depradations on peaceable trading vessels.
The Arratoon Apear left Hongkong for Calcutta early on the Murder of
Europeans
5th August, and returned to the harbour next morning at on board the
eight o'clock, having in that short interval been the scene of Arratoon
Apear by
one of the most direful and inexplicable of the tragedies on Chinese.
ship -board, which of late years had been so frequent. The
vessel was commanded by Captain Henry Lovett, and besides
Messrs. Skirving and Woodburn, the first and second mates,
and a lad of seventeen or eighteen years of age, there were two
other Europeans on board, -Mr. R. Scott Thomson, late Surgeon
of the Lady Mary Wood, and Mr. John Smith, late master of
the Red Rover. The crew consisted of twenty-one Lascars ,
one Manilaman , one Malay, and ten Chinese, with two Chinese
passengers . The ship carried neither treasure nor valuable
cargo. When she returned to the harbour under charge of the
acting gunner and Indian crew, she brought back the murdered
body of Captain Lovett, and his dog, but without any other
European or any of the Chinese. The Lascars stated that, dur-
ing the previous night, the Chinese had murdered the second
mate and the captain, that Mr. Smith had leaped overboard, the The mur-
other Europeans not being accounted for, and that the Chinese derers escape.
* See Chap. XX., infrà, and Volume II., Chaps. LXXII. and LXXXIX.
† Antè Chap. XII., § III., p. 320.
See his recall - end of section II. of this chapter.
336 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. XIV § I. had taken one ship's boat, cut the other adrift, and made for the
1853. shore, taking with them their own traps. At the inquest the
Jury returned a verdict of wilful murder against the twelve
Chinese, and severely censured the conduct of the Lascar portion
of the crew, as meriting severe punishment. The Government
offered a reward for the apprehension of the murderers who,
however, do not appear to have ever been apprehended .
Order of the
Queen-in- On the 11th August was published an " Order of Her Ma-
Council of jesty in Council for the government of Her Majesty's subjects
13th June,
1853, being within the Dominions of the Emperor of China, or being
abolishing within any ship or vessel at a distance of not more than one
Consular
Ordinances hundred miles from the coast of China ," which Order, dated the
and substi- 13th day of June, 1853 , abolished all the existing Consular Or-
tuting
a code. dinances , and substituted a code. * This code, however, embodied
a good portion of the provisions of the Ordinances, though the
powers of Consuls or Consular Officers and the Superintendent
of Trade were also considerably enlarged .
Powers The powers heretofore vested in the Supreme Court, however,
heretofore
vested in in regard to civil appeals and committals for trial , did not appear
the Supreme to have been very much affected .
Court.
Power for By the Order, authority was vested in the " Chief Superin-
Superin- tendent " as such, and not as " Chief Superintendent and
tendent and
Consuls Governor of Hongkong," and in the consuls, vice- consuls , etc. ,
to make
rules and within their respective districts , subject to the approval of the
to enforce
by fine and Chief Superintendent to make and to enforce, by fine or impri-
imprison- sonment, such rules and regulations as to him or them might
ment.
seem fit, for the observance of Treaties, and " for the peace,
order, and good government of Her Majesty's subjects within
the Dominions of the Emperor of China, etc. "
Civil suits.
Her Britannic Majesty's consuls were further authorized to
Appeals
to the hear and decide , subject to appeal , all civil suits between Bri-
Supreme tish subjects, or between British subjects and Chinese, the appeal
Court of
Hongkong to be, in the former case, to the Supreme Court of Hongkong
and to the should the amount in dispute exceed $ 1,000 ; or if, in a suit
Chief Super- between British subjects , the amount should be less than $ 1,000,
intendent.
to the Chief Superintendent.
Consuls were further empowered to inquire into all crimes and
offences charged against any British subject, and on conviction to
Rules of practice to be observed thereunder, under articles iii. and xxxvii, were pub
lished on the 20th October and the 15th November, 1853. See Government Gazette Nos. 5
and 9 of 1853. The list of fees receivable by Her Majesty's Consuls for the granting ofpro-
bates or letters of administration under article xxxvii. was published on the 25th March,
1854. For further matters concerning Consular Jurisdiction in relation to the Supreme
Court of Hongkong, see Volume I. , Chap. IV., p. 115 ; Chap. XII., pp. 300, 318 ; Volume
II., Chaps. XXXVII ., XXXIX ., XLII , XLIX . and LXXII.
REGULATIONS IN APPEALS TO THE QUEEN- IN - COUNCIL . 337
inflict such punishment, according to the nature and degree of Ch. XIV § I.
the offence, as they were authorized to do by the rules laid 1853.
down in the above -mentioned order.
Breaches of rules and regulations , made to ensure the due rules
Breaches
and of
observance of Treaties were made punishable summarily, the regulations.
penalty not to exceed $ 300 , or three months' imprisonment. Appeal from
Consul or
Breaches of rules and regulations other than those for the Vice-
to theConsul
Chief
Superin-
due observance of Treaties were made punishable by the Consul tendent.
or Chief Superintendent, sitting with or without assessors , ac-
cording to the degree of the offence-if without assessors , the
utmost penalty not to exceed a fine of $ 200 , or one month's
imprisonment ; if with assessors, $ 500, or three months' im-
prisonment.
In both those classes of cases an appeal lay from the Consul
or Vice - Consul to the Chief Superintendent.
For all other crimes and offences recognized as such by the trial
Case before
for
law of England, the Chief Superintendent, consuls, and vice- the Supreme
consuls, within their respective districts , were empowered to Court of
Hongkong.
inflict punishment not to exceed in any case a fine of $ 1,000 , or
twelve months' imprisonment, or to send the case for trial be-
fore the Supreme Court of Hongkong.
The power of
The power of deporting refractory subjects was further vested deporting
in consular officers. refractory
subjects.
Such, in its broad outline , was the Order -in - Council , and such Generally.
the nature of the powers and authorities vested in the Chief
Superintendent of Trade, and his subordinate officers, to enable
them to control the general body of British subjects resident in
China, and to regulate their intercourse with one another and
with the Chinese. *
On the 20th September, the Legislature passed Ordinance Ordinance
No. 1 of 1853 for the regulation of the Gaol of Hongkong. No. 1 of
1853.
The Government Gazette of the Colony was published for the Publication
of first
first time, on Saturday, the 24th September , 1853. Prior to Government
that date, all Government Notifications had appeared in The Gazette.
Daily Press by contract, as to which, needless to say, bickerings Order Her Ma-of
not infrequently arose amongst those interested . jesty in
Council of
13th June ,
An Order of Her Majesty in Council, dated the 13th June, 1853, 1853,
establishing Rules and Regulations in Appeals to the Queen-in- establishing
Council from the Colonies and India, was published on the 14th Rules in
appeals to
October. the Queen-
in-Council.
See further in reference to this Order and its working, Vol. II . , Chap. XLII.
338 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XIV § 1. On the 8th November, Lieutenant Pedder, the Harbour Master
1853. and Marine Magistrate, proceeded on leave of absence, his duties
Mr. E. R. as a Marine Magistrate being performed by Mr. E. R. Michell *
Michell
replaces "under the general supervision of the Honourable C. B. Hillier,
Lieutenant Esq ." On the same date Government called for tenders for
Pedder
on leave. the conveyance of nine Chinese convicts to Penang.
Tenders for
conveyance The Government apparently now seemed inclined to give
of convicts to the Chinese a freer hand than heretofore in the determination
Penang.
Determina- of affairs more immediately concerning themselves, and on the
tion of
Chinese 2nd December the Legislature passed Ordinance No. 3 of 1853 ,
affairs. entitled " An Ordinance to extend the duties of Chinese Tepos
Ordinance
No. 3 of appointed under Ordinance No. 13 of 1844 ; to determine their
1853. emoluments ; and to provide for the amicable settlement of civil
Duties of
Chinese suits among the Chinese population of Hongkong. " When
tepos under
Ordinance the Colony was first taken possession of, and it was quite un-
No. 13 of certain whether its future rule would be entrusted to the chief
1844
extended. of the garrison , General Gough drew up a code of laws for the
Settlement government of the Chinese part of the community, the working
of civil
among suits of which was mainly to be confided to the people themselves ;
Chinese. but, owing to the great opposition shown to the Chinese being
Code
by of laws given any share in the administration of justice, the matter
General
Gough dropped. The present Ordinance was therefore evidently meant
for the
governm ent as an experiment only.
of the
Chinese The preamble commenced as follows. " Whereas disputes oc-
community. casionally arise among the Chinese population of this Colony
Opposition which might be more conveniently and amicably settled by the
to Chinese
being given tepo, aided by the respectable Chinese inhabitants, than before
share in the i
administra- an English tribunal " -but what a ' tepo ' was, there was no in-
tion of terpretation clause to tell. Ordinance No. 13 of 1844, " for the
justice.
Ordinance appointment and regulation of native Chinese peace officers
No. 3 of 1853 [ Paouchong and Paoukea ] , " was the first attempt at legislation
experimental for the benefit of the Chinese, but so little had been seen of the
only.
The pre- superior and inferior native Chinese peace officers appointed
amble. under that Ordinance, at the Courts, that what these were or
A 'tepo.' what their functions consisted of, no one seemed to know. In
Ordinance
No. 13 of providing Ordinance No. 13 of 1844, Sir John Davis doubtless
1844.
was guided by the very best intentions, but, as in a good deal
Paouchong
and Paoukea more of his governmental acts, not much success had so far
Chinese attended the enactment, and the present Ordinance was by no
peace
officers. means well received either. The main opposition to the Chi-
First attempt nese being entrusted with the administration of the law at all
at legislation was due to their corrupt notions of justice as compared with
for benefit
of Chinese. ourselves.
Main opposi
tion to As the matter is of some importance, it is considered advisable
Chinese
being here to reproduce what was said at the time upon the subject
* See antè Chap. XII. § II., p. 296.
TO NEW YORK
PUBLIC LIBRARY
ASTOR, LENOX AND
TILDIN FOUNDATIONS
D
SIR JOHN BOWRING.
DR. BOWRING SUCCEEDS GOVERNOR BONHAM . 339
by the local exponents of public opinion , and which fairly re- Ch. XIV - § I.
presents the state of affairs at the present time :-- 1853.
entrusted
“ We have been, are, and always will be, the consistent opponents of giv- with
ing the administration of the law into Chinese hands, and we do it on the administra
strong belief we have, that from the Emperor on the throne to the beggar on tion of
the law.
the dung-hill, there is not a Chinese who is not prepared to lie and support Public
his lie with an oath ; and further, that with the little existing power of pub- opinion on
lic opinion, there is not one who is not prepared to be bribed ; for which rea- the point.
sous we are strongly opposed to the administration of justice by Chinese to
Chinese in a British Colony. A pamphlet on the administration of the na-
tive laws in the Madras Presidency, written lately by a barrister, Mr. Norton,
clearly showed that the fine, liberal measure, the permission given to the
natives to govern themselves by their own laws, had been a perfect curse to
them. Instances are piled up in which for a matter of litigation not ex-
ceeding ten rupees, and in some cases even less, the cases have been tried
five times over. To talk of the uncertainty of English justice after that, is
absurd.
There are no more corrupt people upon earth than the Chinese, and even
taking the Act at its best, what advantage of time and expense is gained by
it ? Suppose no bribery, still there was a tax leviable on the whole commu-
nity. The assessors must be paid either by the public or the assessors ; they
cannot be made to work without pay as Englishman do . The case is heard
and decided by the tepo and assessors, but that does not end the matter ; it
is again to be tried in the penetralia of the Chief Magistrate's brain ; wherein
is time gained ? There is no medium in this matter, either the Chinese must
govern themselves wholly without English interference, or they must be
governed by English laws, administered by Englishmen , without the clumsy
superposition of a layer of Chinese law upon what will be, in reality, au
Englishman's decision. The Government have, in this instance, followed
out a system which it is highly desirable they should do on all occasions ;
they publish the draft of an Ordinance upon which they call for public opi-
nion. It remains with them to place a value upou that public opinion and to
act thereon."
Both Ordinances Nos . 13 of 1844 and 3 of 1853 were repealed Ordinance
in 1857 by Ordinance No. 6 of that year, showing thereby that No. 6 of 1857 .
the measures had not been successful.
Ch. XIV § II.
1854.
The London Gazette of the 10th January, 1854, contained the Dr. Bowring
appointment of Dr. Bowring, Consul at Canton, now on leave of appointed
Governor of
absence in England, as Governor of Hongkong, and Her Majesty's Hongkong
Plenipotentiary and Chief Superintendent of British Trade in and Her
Majesty's
China , and the mail which arrived in the Colony on the 26th Plenipoten-
February confirmed the report , which had long been current, that tiary, etc.
Dr. Bowring had been appointed successor to Sir George Bonham
in all his offices . The appointment was well received by the English
English leading journals, metropolitan and provincial, and also opinion,
locally.
Dr. Bowring
On the 14th March, Dr. Bowring was presented to the Queen, presented
when he received the honour of Knighthood . He arrived in to the
Queen and
Hongkong in the evening of the 12th April, and landed the next knighted .
340 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. XIV § II. morning with his family amidst the customary honours . At
1854. noon he was sworn into office, Colonel Caine, the Colonial |
HisHong
arrival Secretary, being sworn in at the same time as Lieutenant-
in -
kong. Governor, the different Commissions being duly published the
Colonel next day.
Caine,
Lieutenant-
Governor. Consequent upon the promotion of Colonel Caine, Mr.
Mr. Mercer, Mercer, the Colonial Treasurer, was appointed Colonial Secre-
Colonial
Secretary tary, and Colonel Griffin, of the Royal Artillery, as Command-
rice Caine.
ant of the Forces . in the place of Major - General Jervois who had
Colonel
Griffin , R.A. , proceeded to England . Colonel Griffin was also accorded a seat in
commanding the Executive Council. It was therefore intended that, though
the troops ,
a member Colonel Caine's commission was to be effective only in the
of the absence of Sir John Bowring , yet the latter would not interfere
Executive
Council. in local matters except where his supreme authority was indis-
Colonel pensable ; and on the 15th April appeared a Government Noti-
Caine's
Commission fication " that all communications to the Government on matters
only effective regarding the Colony, were for the future to be addressed to
in the
absence the Colonial Secretary for submission to the Lieutenant- Gov-
of Sir John ernor." Mr. Mercer was at the same time gazetted a member
Bowring.
Mr. Mercer of the Executive Council . This notification , as will be seen
a member hereafter, was cancelled in June, 1855 .
of the
Executive
Council. Sir George Bonham left Hongkong on the 15th April for
Departure Singapore to spend a few days with his old friends in the Straits
of Sir
George before returning to England . His policy was unfavourably
Bonham. commented upon, especially in regard to his interference with
His policy in judicial decisions and the curtailing of the powers of the
Hongkong.
Supreme Court at every opportunity, though the latter had
wanted nothing from him except a proper staff of interpreters.
Whatever his policy, however, he left Hongkong full of honours
and wealth, gained by a long career of official service in which
he had steadily risen to his present position .
Supernu- In regard to interpreters, it may here be noted that, availing
merary himself of the occasion of the appointment of a new Chief Super-
interpreters
attached to intendent of Trade, the Foreign Secretary, the Earl of Clarendon ,
Consular
Establish on the 11th February, informed the Lords Commissioners of
ment the Treasury of his intention to increase the number of
increased. supernumerary interpreters attached to the consular establish-
ment from three, the then number, to ten.
Mr. Bridges On the 3rd March, Mr. Bridges, the Barrister, sought the
consults
the Chief opinion of the Court upon a matter in connexion with an ad-
Justice upon vertisement which had appeared that morning in a local paper
& matter.
in respect of the Union Bread Company. In reply, His Lord-
ship informed Mr. Bridges "that he did not sit there as a
ADMIRAL STERLING SUCCEEDS ADMIRAL PELLEW, RECALLED . 341
consulting surgeon, and that if the parties wished to go to Ch. XIV § II.
law, they could do so , ” -an appropriate answer under the cir- 1851.
cumstances The Chief
Justice's
reply.
On the 15th March, Government called for tenders for the "The Court
does not
passage of twenty- six Chinese convicts to Singapore . sit as a
consulting
Severe strictures , it will be remembered , had been passed surgeon. "
in England in the leading papers when Admiral Sir Fleetwood Tenders for
passage of
Pellew was first selected for the command of the East Indian Chinese
convicts
Station, The Times notably, remonstrating with the greatest to Penang.
earnestness against the appointment . * This was due greatly
to the fact that forty years had elapsed since Admiral Pellew
had been at sea or actively engaged in the duties of his pro-
fession. Disagreeable events , partly arising from his cruelty ,
had frequently occurred while the Admiral, as Captain Pellew,
had held command, and in cases where ships' companies had
previously been remarkable for discipline and good conduct.
On the 8th November, 1853 , a mutiny had taken place on
board the Admiral's flagship , the Winchester, in the harbour
of Hongkong, when the crew, who had not been permitted
to go ashore for eighteen months,† resolved to send a peti-
tion to the Admiral on the subject. The only reply which
the Admiral vouchsafed to it was, that the ship should be
got ready to sea , in consequence of which disturbances occurred
on board, in repressing which , two men were severely wounded .
The Times, in the course of a long article highly detrimental
to the Admiral, asked for his immediate recall and dismissal
" from an employment for which he was clearly unfit."
On the 11th March, 1854, the P. & O. Steamer Pekin arrived The recall
of Admiral
in Hongkong with the English mail of the 24th January, Pellew.
conveying the news that Admiral Pellew had been recalled ,
and Rear- Admiral Sir John Sterling appointed in his stead.
On Thursday, the 16th March, Admiral Pellew left the
Winchester under a parting salute, in his barge manned by the
officers of his ship for the Barracouta , on board of which vessel
he hoisted his flag, and shortly afterwards the Barracouta
steamed out of harbour for Trincomalee, where the Admiral
left her and proceeded to England by mail steamer. Admiral
Sterling
On the 11th May, Rear- Admiral Sterling arrived in Hong. Succeeds
kong in H. M. S. Barracouta , and shortly afterwards shifted his Pellew.
Sec antè p. 335.
One reason given for this afterwards was to avoid a certain diseas : rampant in
Hongkong contracted by the men when on shore - See further on this subject, Chap. XIX.,
infrà.
342 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch . XIV § II. flag to the Winchester. He, however, did not remain long on
1854. the station, leaving for England in January, 1856, Rear- Admiral
Admiral Sir Michael Seymour, his successor, arriving in Hongkong in
Seymour
as successor May following.
to Admiral
Sterling.
Death of On the 16th March, Lieutenant Pedder, R.N. , the Harbour
Lieutenant
Pedder, Master and Marine Magistrate, died at Ryde, in the Isle of
the Marine Wight , whilst on leave. He was succeeded by Captain Thomas
Magistrate.
Captain Vernon Watkins, R.N. , who assumed duties in the Colony on
T. V. Wat- the 8th August, 1854. The notification regarding his appoint-
kins, R.N.,
replaces ment stated also that " all marine cases, save those connected
Lieutenant
Pedder. with Chinese, would, in future, be entertained by the Marine
All marine Magistrate. "
cases, except
Chinese,
entertained
By Lieutenant Pedder's death, the Government was deprived
by Marine
Magistrate. of the services of one of its oldest and most experienced officers.
As will be recollected , he first joined the service in July, 1841 ,
a few months after the cession of Hongkong ‡
* " Death. On the 22nd April, 1865 , at Woodbridge, Guildford, Adıniral James Ster-
ling, Kut., (formerly in China) in his 75th year." Press Notice.
+ See antè p. 338.
See Introduction, antè p. 9.
343
CHAPTER XV .
1854 .
Chief Justice Hulme leaves for England on sick leave. - Departure of Major-General
Jervois and Captain Maclean, B.A. - Valedictory addresses to the Chief Justice before
his departure by the community and the legal profession. - Supplementary address
to the Chief Justice. - Mr. Sterling, acting Chief Justice. - Mr. Bridges, acting Attorney-
General.- Chinese interpretation. - Professor of Chinese at King's College, London. —
Encouragement held out by Foreign Office to students. - System hitherto in force.--
Assistants in the Superintendency or Consulates. -The scheme of the Foreign Office.
School of interpreters . -Precursor to Colonial system of student interpreters. - Mr. Sum-
mers, of Macao celebrity, as Chinese professor. -The Attorney-General on penalties at-
tached to lottery advertisements.- Act 6 and 7 William IV. c . 66. - Free pardons on
Queen's Birthday. Declaration of war against Russia -Superintendency of Trade
removed to Shanghai. - New Justices of the Peace.-- Mr. Hillier, a member of the
Executive Council.--Auxiliary Police Force. -Additional rate raised for payment of the
Force. -Auxiliary Force disbanded. --June Criminal Sessions. Chun A Yee, a transported
convict, found at large in the Colony. -The sentence. Regina r. Chun Chuen Tai and his
wife, Chun Cheong She, for murder of Mr. Perkins, an American. - The facts. - Sentence of
death. The woman quick with child . - Sentence of death on the woman commuted.—
Chun Chuen Tai executed. -Disgraceful execution. - Chun Chuen Tai's attempt to bribe the
turnkey before his execution. - His offer reduced to writing.-The woman Chun Cheong
She is afterwards pardoned . - Tenders for passage of Chinese convicts to Singapore Return
of the Assistant Magistrate, Mr. W. H. Mitchell, after his divorce.- July Criminal Ses-
sions. Nearly a maiden assize. - Death of P. C. Kingsmill after murdering his wife.-
Admission of Mr. Cooper Turner as an attorney of the Court. His previous record. - His
card.-- Mr. T. Wade appointed interpreter of Chinese Customs, Shanghai.--The case of
the Reverend William Baxter appointed Colonial Chaplain of Hongkong - How he was
appointed.--A matter calling for explanation.-- Mr. Melville Portal, M.P., moves Parlia-
ment.--The complaint of the inhabitants of Fyfield.- The discussion in Parliament. —The
Bishop of Victoria refuses to license Mr. Baxter. - Mr. Baxter called upon to resign.-
Reverend M. C. Odell officiates. -Mr. Baxter leaves for Australia. -Reverend J. J. Irwin,
Colonial Chaplain. — Return from leave of Mr. Trotter, Chief Justice's Clerk. - Mr. Bevan.
-Sir John Davis made a K. C. B.- Local regret at the Chief Justice receiving
no honorary distinction .- Passage to Western Australia for European convicts.— Return
of Sir John Bowring to Hongkong. - Extension of leave to Mr. Cay, Registrar. — Sir John
Bowring leaves for the north with Mr. Hillier and Mr. G. W. Caine, a son of Colonel
Caine. - Mr. Gaskell asks for sanction for the promotion of a law society.- Mr. Sterling's
encomium on law societies. -Entered on the records of the Court.- The Law
Society started.- Rule of Court regulating Criminal Sessions and relating to Fees of
Court.-Chinese convicts to Penang . - Mr. Masson, acting Registrar, vice Alexander on
leave. -Year 1854 important in local events. - Change in the administration of Govern-
ment, the Lieutenant-Governor assuming control of local affairs. - Ordinances during the
year bear Colonel Caine's name. - Ordinance No. 3 of 1854 declaring certain acts of
Parliament in force in the Colony. - Ordinance No. 4 of 1854.- Ordinance No. 5 of 1854.
-Ordinance No. 6 of 1854.
Chap. XV.
-
THE Chief Justice, who had been in failing health for some chief Justice
time since his return from leave in February last year, * left for leaves
Hulmefor
England on sick leave on the 12th April , with Major - General England on
Jervois and Captain Maclean , R.A. , the General's Secretary ,† sick leave.
Departure
as fellow- passengers . of Major-
General
Before his departure, the leading European mercantile firms Jervois
Captainand
and residents of the Colony, as well as the members of the legal Maclean, R.A.
* See antè Chap. XIV. § I., p. 331.
fee antè Chap. XII. § 11., pp. 300. 301 .
344 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XV. profession presented His Lordship with the following addresses,
1854. showing the estimation in which he was held : -
Valedictory
addresses Hongkong, 7th April, 1854.
to the To the Honourable
Chief Justice JOHN WALTER HULME, Esquire,
before his Chief Justice, Supreme Court.
departure -
by the Sir, The period of your intended departure for England being so near, the
community undersigned , residents of this Colony, beg hereby to express the high respect
and the
legal they entertain for you in that elevated and most important official station
profession. which you have so long and so ably occupied here.
The satisfactory administration of the law in this place is infinitely more
difficult than may be imagined by those who have not had an opportunity of
witnessing the proceedings in Court. Perplexity is too often experienced from
conflicting testimony on the part of Chinese witnesses, as well as from im-
perfect interpretation.
Many of us, from the first establishment of the Supreme Court in the Co-
lony, have been in frequent attendance as Jurors, witnesses, or spectators ;
and all of us have had ample means of observing your patient, persevering
mode of eliciting truthful testimony, your undeviating impartiality and up-
rightness, and your fair summing up of the evidence, leading to what is so
generally deemed a just verdict.
Having thus testified to your high character on the Bench, we trust that
you will here permit us to add the expression of our great esteem for you as
a private gentleman , now one of the oldest residents amongst us.
Earnestly wishing for the early and complete restoration of your health,
and that you may enjoy every happiness,
We respectfully remain, Sir,
• Your most obedient, humble Servants,
Jardine, Matheson & Co. William Meufing.
Dent & Co. R. C. Antrobus.
Gibb, Livingston & Co. W. H. Mourilyan.
John Burd & Co. Rob. S. Walker.
Lindsay & Co. Robert B. Sherard.
For the P. & O. Steam Nav. Co. Edw. Cohen.
Robert S. Walker, Superintendent. N. Duns.
Phillips, Moore & Co. Geo, E. Maclean .
Lyall, Still & Co. Geo. W. F. Norris.
Fletcher & Co. G. Harper.
Turner & Co. H. A. Ince .
Smith & Brimelow. T. C. Leslie.
Lane, Crawford & Co. Francis Chomley .
Bowra & Co. Edw . Reimers.
D. Lapraik. C. F. Still.
Per Oriental Bank Corporation Robert Taylor.
P. Campbell. William Hollmanu .
MacEwen & Co. A. Fletcher.
David Jardine, M.L.C. Arch. Campbell.
A. C. Maclean. Y. J. Murrow.
J. C. Bowring. W. Walkinshaw.
M. A. Macleod . Phineas Ryrie .
J. Goddard . James Smith.
Edw. Pereira. J. W. Brimelow.
J. B. Compton . T. A. Lane.
Wilkinson Dent. W. Emeny.
J. F. Edger, M.L.C. Robert Strachan.
Fred . H. Block.
ADDRESSES TO C. J. HULME ON PROCEEDING ON LEAVE . 345
The following was the address from the members of the legal Chap. XV.
profession :-- 1854.
Hongkong, 11th April, 1854.
Sir, -It is the common wish of all the members of the profession who
have the honour of practising under Your Lordship, to express regret at your
approaching temporary absence. It has been to all of us most gratifying to
see, as the head of our mutual profession in this Colony, a Magistrate, who,
deeply versed in its most subtle technicalities, has yet shown to us that such
skill can be combined with an enlarged and vigorous understanding. In Your
Lordship, we have also found a most patient and painstaking Judge ; and ,
by the mixture of dignity and urbanity which you have invariably shown,
you have maintained in your Court that decorum which is one of the distin-
guished features of the tribunals of our mother country.
e_
We have ever found Your Lordship impartial in your decisions, and during
the ten years for which you have presided over the Supreme Court, there has
been but one appeal from you to the Privy Council-and that decided against
the appellant.
Such then being our estimate of Your Lordship's character, we need not
say how much we deplore that failing health should for a time deprive us of
your presence. We trust that the trip Home may be attended with most be-
neficial effects to you, and that in the ensuing year we may again see you
sitting in that judgment seat which you have so long adorned.
Paul I. Sterling. Edward K. Stace.
William T. Bridges. Henry J. Tarrant.
William Gaskell. Edward H. Pollard .
William Moresby.
The replies of the Chief Justice were made verbally, and with
much feeling and good taste, to the deputations which presented
the addresses .
The following supplementary address, circulated both in Supple-
the Colony and in Canton , and forwarded to the Chief Justice mentary
address
by the mail following his departure, by those who had not to the
Chief
had an opportunity of signing the first one presented by Justice.
the community, explains itself. Nothing could be more pal-
pable than the deep regard, if not affection , and high respect in
which Mr. Hulme was held . It was certainly not the ignomi-
nious conduct of Sir John Davis towards him which this time.
had prompted these emotional effusions . In a short time this
fresh address received a large number of ready signatures , which,
with the first address, exceeded in number those obtained after
much solicitation , it is said , for both Governor Bonham , and
General Jervois ' together ; thereby justifying the opinion ex-
pressed locally - that "had the same means been used with the
address to the Judge, or had ordinary common sense been exer-
cised in making its existence generally known , it would certainly
have obtained twice the signatures of both the other addresses
* Murrow v. Stuart, 8 Moo . P. C. 267- heard before the Judicial Committee of the
Privy Council on the 3rd February, 1853, the case being decided without the respondents
being heard -see antè Chap. XIII . § II., pp. 328, 329,
346 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XV. in point of numbers, and ten times their value in point of
1864. sincerity offeeling":-
The Honourable JOHN WALTER HULME , Esq.,
ChiefJustice of Hongkong.
Sir,-Feeling convinced that the comparatively limited number of signa-
tures attached to the address presented to you prior to your departure for
England on the 12th instant, affords a very inadequate criterion of the general
estimation in which, both as a judge and a gentleman, you are held by the
community, we deem it due to you and to ourselves to state, that none of us
had an opportunity of signing the address, and many of us knew of it for the
first time from the newspapers, after it had been presented .
Assuring you that we should otherwise have gladly availed ourselves of
the occasion to testify our respect ,
We have the honour to be, Sir,
Your very faithful Servants,
And. Shortrede. Edward Halton.
Robt. P. D. Silver. P. Campbell.
Geo. P. De Silver. R. McGregor & Co.
J. Willaume. E. Baldwin.
H. Marsh. Richard Newby,
H. Winiberg. Agent for the Mercantile Bank of
F. Duddell. India, London, and China.
G. Logan. S. Mackenzie .
Robert Gordon. Lyall, Still & Co.
F. S. Huffum . R. H. Chambers .
A. Weiss . D. Kennedy & Co.
Louis Heerman. Per Pro. D. W. Mackenzie.
James A. Brooks. C. S. Lungrana.
W. H. Sutton. Ezra & Judah.
Thos. Irwin. Reiss & Co.
M. W. Pitcher. Gilman & Co.
Pestonjee, Framjee, Cama & Co. W. W. Dale & Co.
Ameeroodeen & Jafferbhoy. J. A. Hulbert.
P. & D. N. Camajee & Co. Moul & Co.
George Wilkins. Henry Davis.
H. Schaeffer. J. Marshall.
C. Brodersen. R. Gibbs.
George Buchan. Kessowjee Sewjee & Co.
Joseph M. Lord . Jacob Isaac.
E. A. Still. Cowasjee Pestonjee .
Rustomjee Byramjee & Co. Dadabhoy Hosungjee .
H. T. De Silver. Bomanjee Eduljee.
Meyer, Schaeffer & Co. Muncherjee Ruttonjee .
Wm. Pustau & Co. Muncherjee Nesserwanjee Mody.
F. Woods. Shaikally Meherally.
Day. Glover. Dhunjeebhoy Poonjabhoy.
William J. Preston. Pestonjee Dinshawjee.
William Harding. Framjee Nowrojee.
Charles Markwick. Dinshawjee Framjee Cash.
J. C. Hoey. Pestonjee Rustomjee.
Chas . Archbold. Pallanjee Nesserwanjee.
William Knight. T. Allana.
R. Markwick. Cassumbhoy, Nathaboy & Co.
Marcus Hill Shaw . Nanjee Hassom.
John Scarth. Cowasjee, Pallanjee & Co.
FURTHER MANIFESTATION TOWARDS CHIEF JUSTICE HULME. 347
Arch. E. H. Campbell. Pestonjec Rustomjee. Chap. XV.
W. H. Wardley & Co. Heerjeebhoy, Ardaseer & Co.
1854.
F. B. Johnson. Nesserwanjee Ardascer Banjah.
Birley & Co. Curtsetjee Hosunjee.
John Costerton, Limbjeebhoy Dhunjeebhoy.
Agent, Commercial Bank of India. Bomanjee Eduljee.
John Cardno, Jehangheer F. Buxey.
Agent, Agra & U. S. Bank. R. H. Camajee & Co.
Charles Scholefield . D. N. Mody & Co.
David Sassoon, Sons & Co. M. N. Mody.
Adam Scott. Alex . Gifford .
II. F. Edwards. Wm. Ross.
Charles Taylor. Albert Leigh.
Chalmers & Co. John Lamont.
Blenkin, Rawson & Co. Sam. Appleton .
P. & J. B. Colah . David Dick.
Neave, Murray & Co. Juo. Marshall.
Maxn. Fischer. John Pettigrew.
Ripley, Smith & Co. Peter Phillip .
Robert Gifford . Richard Scott.
George de St. Croix . L. F. Vieira Ribeiro.
A. W. G. Rusden. A. Bercuhart.
H. D. Margesson. E. Oppert.
Richard Rothwell. Thomas Spence.
Henry R. Hardie. S. A. Lubeck.
James S. Green . Thomas Jamieson.
Geo. Dent.
Mr. Sterling .
acting Chief
Consequent upon the departure of the Chief Justice, Mr. Justice .
Sterling again became acting Chief Justice, and Mr. Bridges Mr. Bridges,
acting
acting Attorney- General , the latter with a seat in the Legislative Attorney-
Council. General.
Chinese
interpreta-
The question of Chinese interpretation , which had been of tion."
such moment up to this, now began to assume a practical form, Professor
of Chinese
at King's
It appeared that King's College, London, having appointed a London.
Professor of Chinese, the Foreign Office held out, as an encour- Encourage
agement to diligent students , civil employment in China. The ment held
out by
system hitherto in force was that young gentlemen, coming out Foreign
to China for the purpose of entering the Government service, Office to
were allowed a grant of money per annum to induce them students.
System
to study Chinese , and, on showing some proficiency in the hither:o
language, places were found for them as assistants in the Super- in force.
Assistants
in the
* Mr. Summers, of Macao fame [ antè Chap. XI. , p. 244], was the professor appointed.
The following is the advertizement that appeared in reference to this appointment, in the
Athenæum of the 22nd January, 1853 : —
CHINESE LANGUAGE AND LITERATURE,
King's College, London.
Professor Summers, late Tutor in St. Paul's College, Hongkong, will commence his
course of Instruction in the classical language and colloquial dialect of China, on Monday,
Brd January, 1853, at three o'clock, etc., ete.
R. W. JELF, D.D.
King's College, London,
18th January, 1853.
348 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XV. intendency of Trade or in the Consulates. Under the new sys-
1854. tem there was this advantage , that the Chinese student in England
Superin- would, in the first instance, pursue his studies at his own ex-
tendency or
Consulates. pense, and that when superior diligence had marked him out as
The scheme a proper object, he would come out to the service in Hongkong
of the
Foreign with some knowledge of the language. In connexion with the
Office. scheme the following paragraph appeared in a Home paper : -
School of
interpreters. " Government has placed certain civil appointments in China at the dis-
posal of the Council of King's College. The students to be selected are to
form a school of interpreters for the use of the British authorities at Hong-
kong ; and, if not needed there, they are to proceed under the direction of the
Government to other stations."
Precursor of
Colonial
system of This may really be said to have been the precursor of the
student Colonial system of student interpreters inaugurated in 1861 , *
interpreters, but on its becoming known locally that the Chinese professor
Mr. Sum-
mers, selected was Mr. Summers, known here as the originator of the
of Macao
unfortunate affair at Macao in Juné, 1849, an unfavourable
celebrity,
as Chinese aspect was taken of the scheme, as Mr. Summers was considered
professor.
incompetent for the position , having only been a short time in
The At-
torney- Hongkong and being even then quite a young man , † and with-
General on
out experience of the Chinese language.
penalties
attached to
lottery The acting Attorney- General, actuated by the best of motives ,
advertize.
ments. drew attention in the public press , on the 4th May, 1854 , to the
Act 6 and 7 penalties the papers underwent on the subject of lottery adver-
William IV. tizements as laid down by 6 and 7 Wm . IV. , c . 66 .
c. 66.
Free
pardons on On the occasion of the Queen's Birthday, the Governor granted
Queen's a free pardon to several prisoners confined in the Gaol.
Birthday.
Declaration News of the declaration of war, on the 28th March, by France
of war
against and England combined against Russia , reached Hongkong on the
Russia. 25th May. Immediately a Government Notification appeared
Superin- removing the Superintendency of Trade to Shanghai where it
tendency
of Trade was directed all communications should be addressed , the Admi-
removed to ral proceeding the same day in the Winchester to the north, and
Shanghai.
the Governor and suite in the Barracouta to Shanghai . Colonel
Caine was left in sole charge of the Colony, with entire control
over local affairs, as Lieutenant-Governor.
New Justices On the 29th May, a list of eight new Justices of the Peace
of the
Peace. was duly published , and Mr. Hillier gazetted a provisional
Mr. Hillier, member of the Executive Council .
* See Vol. II., Chap. XXXIII., of this work.
† See note to page 248, antè Chap. XI. At the time of the Macao incident, as before
recorded, it would appear that Mr. Summers was not more than ' eighteen or nineteen years
of age' (see antè Chap. XI ., p. 244) -so that at this period, he could only have been at
the most about twenty-four years of age. Nor is it clear whom he succeeded as Professor
of Chinese at King's College. As will be remembered, already a former Hongkong official
had held a similar position in the person of Mr. S. Fearon, as recorded in Chap. v. § II.,
antè p. 127.
THE MURDER OF MR. PERKINS , AN AMERICAN. 349
An auxiliary Police Force was formed on the 1st June Chap. XV.
to protect the lives and property of the inhabitants, during the ab- 1854.
sence of the British men- of- war , and an additional rate was raised , Auxiliary
under the power given by a recent Ordinance [ No. 1 of 1854 ] for Police
Force.
the payment of such extra force. A Government Notification Additional
to this effect appeared on the 10th June, but on the 11th July, rate raised
owing to the altered circumstances and more secure state of the of the
Colony, the Lieutenant- Governor informed the community that Force.
Auxiliary
the auxiliary force had been disbanded on the 5th of that month. Force
disbanded.
An extra Sessions of the Criminal Court was held on the June
Criminal
15th June. The first case was that of Chun Ayee who had Sessions.
been sentenced in 1847 to fifteen years ' transportation and sent aChun A Yee,
transported
to Penang on the 28th May, 1848 , and who, never having been convict,
pardoned, was found at large in the Colony. He was now foundat
large in the
sentenced to one year's imprisonment with hard labour, and at Colony.
the termination of the sentence to be transported for life . The The sentence.
next case was one that had caused some sensation in the Colony, Regina v.
Chun Chuen
and was that of Chun Chuen Tai and his wife Chun Cheong Tai and his
She for murder. The prisoners were indicted on four counts in wife, Chun
Cheong She,
respect of the murder of a Mr. George Perkins , an American, for murder
who had arrived in the Colony on the 15th May from the Sand- of
Perkins,
Mr. an
wich Islands . When off the Lema, a Hongkong ' hakow- boat ' American.
was engaged to take Mr. Perkins to Macao with his luggage, The facts.
but Mr. Perkins never reached Macao nor was his body ever
recovered . The prisoners were afterwards captured . From the
evidence it appeared that at about eight o'clock at night, while
he was asleep, the male prisoner with a spear stabbed the deceased
to death, and with his wife threw the body overboard. Both Sentence of
death.
prisoners being found guilty were sentenced to death, the acting
Chief Justice informing the female prisoner, who had pleaded
that she was quick with child , that she would be respited until The woman
quick with
her plea of being pregnant was found true or not. This plea , child.
it may be observed, was the first and is the only one of its
nature to be traced in the records.
On the 24th June The Government Gazette published a pro-
clamation by the Lieutenant- Governor declaring that the sen- Sentence of
tence of death passed on the woman Chun Cheong She had been death
on the
commuted to transportation for life, and Chun Chuen Tai was woman
executed on the 27th June. The scene on the scaffold was commuted.
Chun Chuen
described as disgraceful. The condemned man's arms were so Tai executed .
much at liberty that, after hanging three or four minutes , he got Disgraceful
execution.
hold of the rope above his head with his right hand and fairly
drew his breath on two occasions . After hanging five minutes.
* See this case referred to antè Chap. X., p. 198.
† A Chinese junk.
350 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XV. finding his trousers falling off, he deliberately but unsuccessfully
1854. attempted to fasten them round his waist. The man was repre-
Chun Chuen
Tai's attem pt sented as " strangling for twenty minutes before he was dead.'
to bribe the As thoroughly illustrative of the Chinese character, an
turnkey
before his episode in connexion with this murderer may be men-
execution . tioned . After his conviction he attempted to tamper with the
turnkey placed in charge of him, by actually proposing to this
officer that, if he would allow him to escape, he in return would
give him the gold watch taken from Mr. Perkins, the latter's
clothes , and $ 150 found in Mr. Perkins ' trunks, and a further
His offer sum of $300 ! This offer he reduced to writing and drew out a
reduced to
writing. personal order upon the individual who had taken the most
active part in his capture .
The woman
The Governor, in the exercise of his prerogative, afterwards
Chun
Cheong She granted a free pardon to the woman Chun Cheong She on the
afterwards
occasion of the Queen's Birthday in 1855 .
pardoned.
Tenders for
On the 15th June the Government called for tenders for
passage of
Chinese the conveyance to Singapore of twenty-nine Chinese convicts.
convicts to
Singapore.
Return After his divorce suit in England, * Mr. W. H. Mitchell,
of the Assistant Magistrate, Sheriff, and Coroner, returned to the
Assistant
Colony and resumed duties on the 26th June.
Magistrate,
Mr. W. H.
Mitchell, On Saturday, the 15th July, there was a sitting of the Cri-
after his
divorce. minal Sessions of the Supreme Court which was as nearly as
July possible a " maiden assize, " there being only one case, —the only
Criminal
Sessions. instance since the foundation of the Colony. It was a case of
Nearly a abduction , wherein a verdict of not guilty was returned .
maiden
assize.
Denth of P. Police Constable Kingsmill , against whom a Coroner's Jury,
C. Kingsmill on the 14th July, had returned a verdict of wilful murder of his
after mur-
dering wife by striking her the day before on the head with a heavy
his wife. stick, died in Gaol on Tuesday morning, the 18th July. Both
were addicted to drink .
Admission Mr. Cooper Turner, described as " late of Sydney, Australia ,
of Mr.
Cooper Crown Solicitor," arrived from England on the 16th July, and
Turner as an was admitted to practise in the Courts of the Colony on the
attorney of 19th of the same month . He was also a solicitor on the rolls
the Court.
His previous of the Court in California. Shortly after appeared the follow-
record.
ing notice in the local press : -
His card. A CARD .
Mr. G. Cooper Turner, Solicitor and Notary Public, Office, Queen's Road,
opposite the Oriental Bank, Hongkong, 25th July, 1854.
Mr. T. Wade
appointed On the 27th July, Mr. Thomas Wade was gazetted " Inter-
interpreter
* Antè Chap. XIV . § I., p . 333.
THE CASE OF THE REVD . MR. BAXTER , COLONIAL CHAPLAIN. 351
preter of Chinese Customs at Shanghai," having resigned his Chap . XV.
Vice- Consulship there. * 1854.
of Chinese
Customs,
As a matter not entirely unconnected with law and justice, Shanghai.
and which formed the subject of parliamentary debate, it may The case
not be inappropriate to mention here the case of the Reverend of the
Reverend
Mr. William Baxter, the Colonial Chaplain of Hongkong, which William
happened in August of this year. This gentleman, who had Baxter,
appointed
held the rectory of Fyfield , Hants, on appointment by the Home Colonial
Government, consequent upon an exchange of livings which Chaplainof
Hongkong.
he had effected with the Reverend Mr. Stedman , the Colonial How he was
Chaplain in Hongkong, arrived in the Colony to assume the appointed .
A matter
duties of his office on the 3rd August , by the ship John Bunyan . calling for
But a matter now happened in regard to the newly- appointed explanation.
chaplain which certainly called for explanation . Mr. Melville Mr. Melville
Portal, M.P. ,
Portal, member for North Hants , after Mr. Baxter had left for moves
Parliament.
the scene of his labours, rose, in the House of Commons, to The com-
call the attention of the Government to matters affecting the plaint
church, as referred to in a petition entrusted to him by of the
inhabitants
certain inhabitants of the parish of Fyfield . According to of Fyfield.
The Times of the 12th May, Mr. Portal, in alluding to the The
sion discus-
in
scandal said that- Parliament.
"The parishioners of Fyfield complained that, since the year 1851 , the
rectory, which is in the gift of the Lord Chancellor, had been suffered to be
exchanged no less than three times. On the second occasion the rector ex-
changed it, with the consent of the Lord Chancellor, with the Rev. William
Baxter for a mastership in the college school at Cheltenham. Mr. Baxter
held the living scarcely three years ; and a few weeks afterwards suddenly
absconded on a Sunday, after morning service, deeply in debt to most of the
tradesmen in the neighbourhood, and carrying with him certain parish funds
and charitable monies which were in his charge. He had previously made
an assignment of his effects for the benefit of his creditors. His parishioners
heard nothing of him until they saw it announced that he had been appointed
civil chaplain at Hongkong [ a laugh] . The circumstance was one which
called for explanation and he hoped the noble lord would be able to give it.
Lord J. Russell said the Rev. Mr. Baxter had exchanged his living with the
Rev. Mr. Stedman for the civil chaplaincy at Hongkong. The only part of
the transaction with which the Lord Chancellor had anything to do was the
induction of the Rev. Mr. Stedman into the rectorship of Fyfield. No im-
putation was cast upon Mr. Stedman. The Lord Chancellor made particular
inquiries respecting him at Hongkong, and received the highest testimonials
as to his character and abilities, and his lordship being satisfied with them,
appointed Mr. Stedman to the rectorship [ hear, hear] . The part of the
transaction which referred to the Rev. Mr. Baxter's appointment to the
chaplaincy at Hongkong would be explained by the Under- Secretary for the
Colonies.
Mr. F. Peel said that when application was made to the Colonial Office to
sanction the exchange of appointments between Mr. Stedman and Mr. Baxter,
* See antè Chap. XIV. § I., p. 331 .
352 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XV. the Duke of Newcastle took the usual course in such cases, by addressing a
letter to the Bishop of Winchester in the following terms :-
1854.
Colonial Office,
January 9.
My Lord, I have the honour to transmit to Your Lordship the copies of
two letters, addressed to me by the Rev. S. W. Stedman, Colonial Chaplain
at Hongkong, relative to an exchange of appointments which he is desirous to
effect, and in which he apprises me that the Rev. W. Baxter, the incumbent
of Fyfield, in Hampshire, is willing, and has permission, to exchange the
living he holds.
Before giving my final sanction to their arrangement, I should be obliged
by Your Lordship informing me whether you consider Mr. Baxter to be well
qualified to fill the Colonial Chaplaincy, or whether there exists any objection,
of which I am not aware, to the proposed exchange of appointments.
I have , etc.,
NEWCASTLE.
The Lord Bishop of Winchester.
To this letter the Duke of Newcastle received the following reply from
the Bishop of Winchester : -
Farnham Castle ,
January 10.
My Lord Duke, -I have the honour to acknowledge the receipt of Your
Grace's letter of the 9th instant, with enclosures relative to the proposed
exchange between the Chaplain of Hongkong and the Rector of Fyfield ,
Hants.
The Rev. Mr. Baxter, Rector of Fyfield , is highly respectable, and, as far
as I am aware, well qualified to perform the duties of a Colonial Chaplaincy
efficiently [ laughter] .
I am not acquainted with Mr. Stedman, but as far as regards Mr. Baxter
I am not aware of any objection to the exchange.
I have, etc.,
C. WINTON.
His Grace the Duke of Newcastle.
Having received such a letter as that, the Duke of Newcastle, of course,
felt himself authorized to consent to the proposed arrangement [hear, hear ] ."
The Bishop In the meantime, pending the reply of Mr. Baxter to the
of Victoria
refuses to serious charges brought against him, the Bishop of Victoria
license refused to license Mr. Baxter to the Colonial Chaplaincy, or to
Mr. Baxter. allow him to officiate in St. John's Cathedral. It may here be
mentioned that the chaplaincy was worth £ 700 a year, while
Mr. Baxter the value of the rectory of Fyfield was not stated. In
called upon
to resign. January, 1855 , Mr. Baxter was called upon, by direction of the
Secretary of State, to resign his appointment, his explanations
Reverend
M. C. Odell having been referred by the Bishop to his late diocesan, the
officiates. Bishop of Winchester, who had regarded them unfavourably,
Mr. Baxter
leaves for and, on the 30th January, appeared a Government Notification
Australia. that "the Reverend M. C. Odell , B.A. , ( Military Chaplain) was
SIR JOHN DAVIS MADE A K. C B. 353
appointed to discharge temporarily the duties of Colonial Chap- Chap. XV.
lain , in place of the Reverend W. Baxter, resigned." The 1854.
latter, with his family, left for Melbourne on the 24th March, Reverend
J. J. Irwin ,
1855, the Reverend J. J. Irwin , his successor in Hongkong, Colonial
arriving here on the 30th June following. Chaplain.
Return from
leave of
Mr. G. A. Trotter, Clerk to the Chief Justice, having reported Mr. Trotter,
his return to the Colony* on the 8th August, Mr. Bevan's duties Justice's
Chief
in that capacity ceased from that date . Clerk.
Mr. Bevan.
The news now reached Hongkong that Sir John Davis had Sir John
Davis made
been made a Knight Commander of the Civil Division of the a K. C. B.
Order of the Bath. For general services , Sir John Davis was
certainly as much entitled to such an honour as his successor
Sir George Bonham had been considered to be, but one
could not help thinking, in connexion with Sir John Davis,
that whilst honours were being given away, the respected Chief
Justice Hulme, who was now on sick leave in England , should at the regret
Local
not have been overlooked by the Queen's advisers. A knight-
Chief
hood, at least, it was considered, would have been well Justice
bestowed
receiving
on one who was every inch a gentleman , and of whose fitness no honorary
for the high office he held there never existed two opinions, distinction.
which " was more than could be said of the other gentlemen
above mentioned ." Passage to
Western
Australia for
The Government advertized on the 17th August for a passage European
to Perth, Western Australia, for three European convicts . On convicts.
the 20th Sir John Bowring and suite returned to Hongkong, and Returnof
Sir John
on the 29th of the same month it was announced that Mr. Cay, Bowring to
Hongkong.
the Registrar of the Supreme Court, had obtained an extension Extension
of twelve months' leave of absence .† of leave to
Mr. Cay,
Registrar.
In September Sir John Bowring again left for the north sir John
being accompanied this time amongst others by Mr. Hillier, the leaves
Bowringfor
Chief Magistrate, and Mr. George Whittingham Caine, a junior the north
clerk in the Plenipotentiary's Department, a son of Colonel with
HillierMr.
and
Caine, and ofwhom more anon. Mr. W. H. Mitchell performed Mr. G. W.
Mr. Hillier's duties during his absence . The Governor, with aCaine,
son of
his party, returned at the latter end of November. Colonel
Caine .
Mr. Gaskell
On Saturday, the 28th October, before the Court rose, Mr. asks for
W. Gaskell, as the senior member of the bar, wished to obtain sanction
for the
the countenance and sanction of the acting Chief Justice for the promotion
formation of a law society. of a law
society.
See antè Chap. XIV. § I., p. 331 .
† See antè Chap. XIV. § I., p. 332.
‡ See Chap. XX., infrà, and Chap. LIX., Vol. 11 , of this work.
354 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XV. Mr. Sterling passed an encomium on law societies, and hoped
1854. that the one about to be established would be found of benefit
Mr. Sterling's
encomi um to the profession , and graciously permitted a notice of it to be
on law entered on the records of the Court. Although the Law Society
societies.
was formally started and took an active part in January, 1858 ,
Entered
on the upon the question of the amalgamation of the two branches of
records the legal profession,* it does not appear to have done much
of the
The LawCourt. more , and the records after that period show nothing more in
Society reference to it.
started.
Rule of Court A Rule of Court , dated the 31st October, 1854, was passed
regulating and published on that date, regulating the number of Criminal
Criminal
Sessions and Sessions to be holden in the year, and amending otherwise
relating
to Fees of schedule 7 of the Regula Generalis of the 1st March, 1847 , relat-
Court. ing to fees in the Supreme Court. This order, it was notified
on the 5th April , 1855 , had been confirmed by the Secretary of
State for the Colonies .
Conveyance of On the 15th November, a passage for eight Chinese convicts
Chinese
convicts to to Penang was advertized for.
Penang.
Mr. Masson, Mr. Alexander, the acting Registrar, having obtained leave
acting
Registrar, of absence on the 2nd December, Mr. Norman Ramsay Masson,
vice Alexan a clerk in the Registrar- General's Office, was appointed his
der, on leave.
successor pro tem. Mr. Alexander resumed duties on the 2nd
April, 1855 .
Year 1854
As may be seen, the year 1854 proved an important one in
important
in local local events, the most important of them being the change in
events.
the administration of the Government by which the Lieutenant-
Change
in the Governor for the time being assumed the control of local affairs ,
administra
tion of all the Ordinances promulgated during the year bearing his
Govern- naine. The recall of Vice - Admiral Sir Fleetwood Pellew ; the
ment, the
Lieutenant- death of Lieutenant Pedder ; the departure of the respected Chief
Governor Justice, amidst general regrets, on leave of absence for the
assuming
control second time owing to repeated attacks of illness , after a short
of local tenure of office only since his return to duty ; the declaration of
affairs.
Ordinances war with Russia ; and the extraordinary and impudent case of
during the the Reverend Mr. Baxter, appointed to the Colonial Chaplaincy
year bear
Colonel of Hongkong, were not by themselves the least interesting
Caine's events chronicled .
name.
Ordinance
No. 3 of Amongst the important Ordinances passed during this year may
1854 be mentioned Ordinance No. 3 of 1854 , entitled " An Ordinance
declaring to declare certain Acts of the Imperial Parliament to be in force
* See Chap. XX., ubi suprà.
† See antè Chap. v. § II., p. 130,
Antè Chap. XIV. § I., p. 332.
LEGISLATION IN 1854. 355
in the Colony ; " * Ordinance No. 4 of 1854, reducing the num- Chap. XV.
―
ber of jurymen from eighteen to ten ; Ordinance No. 5 of 1854 , 1854.
amending and extending Ordinance No. 9 of 1845 , entitled certain
“ An Ordinance to invest the Supreme Court of Hongkong with acts of
Parliament
a Summary Jurisdiction in certain cases ;" and Ordinance No. in force
in the
6 of 1854, providing "for the disposal of Unclaimed Balances Colony.
of the Estates of Persons dying intestate within the Colony of No. Ordinance
4 of
Hongkong." 1854.
Ordinance
No. 5 of
1854.
* The following is the Schedule of the Acts of Parliament to which the Ordinance Ordinance
referred ::-- No. 6 of
1854.
6 and 7 Vict., Cap . 34.--An Act for the better apprehension of certain offenders.
85. -An Act for improving the Law of Evidence.
96. -An Act to amend the Law respecting defamatory Words and
Libel.
7 and 8 62. -An Act to amend the Law as to burning farm buildings.
8 and 9 47. -An Act for the further prevention of the offence of Dog
stealing.
9 and 10 23 25. -An Act for preventing malicious injuries to persons and pro-
perty by fire, or by explosive or destructive substances.
10 and 11 " 66.--An Act for extending the provisions of the law respecting
threatening letters and accusing parties with a view
to extort money .
14 and 15 19 19.--An Act for the better prevention of offences.
15 and 16 99 24.--An Act for the amendment of an Act passed in the first year
of the reign of Her Majesty Queen Victoria, intituled
"An Act for the amendment of the Laws with respect
to Wills."
356
CHAPTER XVI .
1855-1856 .
SECTION I.
1855 .
Ordinance No. 1 of 1855, enforcing neutrality during contest in China. -Commission of
inquiry as to fees received by Government officers . -Treaty of Commerce with Siam.- Re-
turn of Chief Justice Hulme from leave in indifferent health . - Departure of Mr. Sterling,
Attorney-General, on leave. - Mr. Bridges acts.--Illicit gambling and extortion practised
by subordinate officials in Government Offices.--Extensive gambling establishments in
the Colony.--Payments to office coolies in the Supreme Court, Police Court , and Police
Offices. -Confession of gambling-house keeper. -Confirmatory evidence. -Arrest of the
offenders.-Keeper fined, establishment broken up, and coolies committed for trial. -Prose-
cution abandoned. -Lieutenant- Colonel Hope Graham, a member of the Executive Council.
-Crimean war. — Bishop of Victoria's proposal for a day of fast and humiliation.--Governor's
refusal without instructions from Secretary of State.-- Decision of Secretary of State
that Proclamation of a Fast is reserved to the Sovereign by Order-in- Council.--Free pardons
on Queen's Birthday.- Colonel Caine appointed senior member of the Legislative Council.
-Secretary of State's directions as to communications concerning the Colony. - Colonel
Caine as Lieutenant-Governor only anthorized to act in absence of Governor.--His position
almost a sinecure. - Lieutenant-Governor with precedence over Chief Justice.- Con-
viction of the brothers Chui Ah Sam, pirates, brother and nephew of Chui Apo. - Sentence
of death on Lee Akung for murder. - His execution. -Government Notification that
knowledge of Chinese ground for promotion in the service -- Mr. Caldwell resigns
offices of General Interpreter and Assistant Superintendent of Police. - Discontent at his
position.--Inspired articles in the Press at probable result if he resigned. - Mr. Caldwell's
resignation accepted. -Government expression of regret.- Mr. Wade appointed Chinese
Secretary to the Superintendent of Trade in Hongkong.-- Mr. Grand- I'ré appointed to
replace Mr. Caldwell. — Mr. Grand- Pré an alien. His appointment unfavourably commented
upon.--The Government in a dilemma for interpreters. —A qualified interpreter advertized
for for the Chief Magistrate's office. - Frequent robberies in the town.-The ChiefMagistrate
robbed. - Heavy robbery in the Gaol. - European subordinates suspected.- Upwards
of £90 abstracted .--Small pay allowed the Gaol subordinates. -Turnkeys committed for
trial. -Prosecution abandoned . —A discharged seaman sues the gaoler for moneys depo-
sited by him.- Ordinance No. 1 of 1854. - The defence. - Chief Justice decides Sheriff
the proper person to be sued. -Chief Justice's suggestion of a memorial to the Governor.
-Disturbance at a public auction of Crown lands.- Messrs. Jardine , Matheson, & Co..
and the threats held out to the Chinese. -Government issue a warning as to consequences
of interfering with land sales. -The Act 18 and 19 Vict. c. 104 for regulating Chinese
passenger ships.--Fresh list of Justices of the Peace. -The American Consul, Mr. Keenan,
rescues a prisoner.-The facts. - Rescued by trickery and taken on board an American
man-of-war. Mr. May goes on board.-No assistance given him.- Local acrimony
against the Consul's behaviour. - The Americans address a letter of approval to their
Consul. -Arrest and committal for trial of the Consul. - Charge abandoned on the advice
of the acting Attorney-General.- The reason. - Eccentricity of Mr. Keenan. - Case of the
Annic Bucknam. - Mr . Mitchell and his refusal to extend to Mr. Keenan the customary
courtesy of offering Foreign Consul a scat on the Bench .- Proclamation of Sir John
Bowring to the Chinese regarding seditious movement against Empire of China.-
Hongkong and the laws of England .- Mr. Sterling appointed Puisne Judge at Ceylon.
His career in Hongkong.—Local opinion.-- Continued illness of the Chief Justice. Block
in business.-Governor appoints a Commission to hold the Criminal Sessions -Ordinance
No. 6 of 1846.-Mr. Kingsmill appointed to discharge duties of Attorney-General at the Ses-
sions.-November Criminal Sessions postponed. Governor appoints the same Commission.
-Complete stagnation of Court work on the civil side.-Mr. Day appointed to hold
a Court of Summary Jurisdiction.- Important legislative measures in 1855. - Ordinance
No. 2 of 1855. - Ordinance No. 5 of 1855.- Ordinance No. 6 of 1855.
ANALYSIS OF SECTIONS . 357
SECTION II.
1856 .
Continued illness of Chief Justice Hulme. Mr. Day appointed to sit in his place.-
Ordinance No. 6 of 1845 , section 5. - Continued disturbances in China.--Ordinance No. 1
of 1856.--Ordinance No. 1 of 1855 enforcing neutrality.-Appointment of Mr. T. C. Anstey
as Attorney-General in the place of Mr. Sterling. - His previous career. -Biographical
notices. Mr. Anstey as a Law Commissioner -The Liverpool Albion on Mr. Anstey's
appointment. He goes to China in a " diabolic frame of mind . " -- Local hopes. -A system
of gaol delivery. -Escape of convicts . - Mr. Bridges, acting Attorney- General, leaves for
England without waiting for Mr. Anstey.- He anticipates Chief Justice's early retirement.
-Dinner given to him. - No Criminal Sessions held in January.--The long tale of Police
and Prison misgovernment.- Coroner's inquest. - Cells under Police Station ' a sink of
iniquity.'-Verdict of the Jury. -Arrival of Mr. Anstey. - Date of his departure from Lon-
don. -Governor appoints him to sit for Chief Justice in lieu of Mr. Day. -Ordinance No.
6 of 1845, section 5.-Mr. Anstey gazetted to a seat in the Legislative Council.--Ordinances
Nos. 2 and 3 of 1856.-Mr. Anstey officiates for the Chief Justice on the Summary side.-
His want of knowledge of the Chinese character. -He fines a plaintiff and his witness for
perjury. Mr. Caldwell's loss as an interpreter. -Rules of the Bar occasionally infringed.
-Rules of etiquette drawn up by Mr. Anstey. - The circular and memorandum. —The
view taken of the memorandum.--The Chief Justice not consulted . -The authority
of barristers to appear in Consular Courts. -Messrs. Bridges, Kingsmill, and Green
memorialize the Earl of Clarendon . - Sir John Bowring suggests matter be referred Home
and the question of the right meanwhile suspended. - The Chief Justice's decision
and offer. - The right recognized by the Foreign Office. - The egregious blunder in
refusing the right.- ' rivileges extended to the English and American Bar by each
other's Consulates. -First time an English Crown lawyer permitted to appear in an
American Court of Justice since Declaration of Independence. - Recovery of the Chief
Justice. He presides at the February Sessions. -The community welcome his return to
the Bench. - No Chinese Interpreter present until late in the afternoon.--Mr. Anstey's
first appearance as Attorney-General --Two Chinese witnesses committed for perjury
Heavy calendar. -Large number sentenced to death. - Doubts as to guilt of some .-- Com-
mutation of sentences. -Increase of Police Force.- Execution of Shun Ah Muen and Lee
Ah Foo.- Disgraceful conduct of the Police at an extensive fire in the town. - Thefts by
Indian Police.- Spoliation by European and American element in the Force.-- Mr. Anstey
gazetted a Justice of the Peace. -Ordinances Nos. 5, 6, and 7 of 1856.- Law relating to
contracts with British subjects on Chinese territory by Chinese subjects for cession of pro-
perty in China. - Opinion of Mr. Bridges that the Chinese are beyond the pale of civilized
nations repudiated by Home Government. The opinion of the law officers of the Crown.-
Commission to inquire into constitution of Police Force. Inspection of Police Force by Sir
John Bowring.- Numerous desertions from the 59th Regiment. -Nine found on board an
American whaler. - Mr. Hillier, Chief Magistrate. Charges of gross carelessness.--How
Mr. Anstey characterized the depositions taken by Mr. Hillier.- Regina r. Forest, Wise,
Oliver, and Ayow.--The Chief Justice directs Mr. Hillier to be sent for. -Extraordinary
scene between the Court, Mr. Hillier, and the Attorney-General. Mr. Hillier claims the
protection of the Court against Mr. Anstey.--The Magistrate and the Coroner merely
thought it necessary to write down " that one witness corroborated the other. "- Conviction
of Forest and others for burglary. — Mr. Hillier's re-appearance in Court. His demand
"for restraining the Attorney-General,” repeated . He asks the Chief Justice for a memo-
randum as to what evidence he is to take down. -The Chief Justice's demeanour and
reply. The jury and others as spectators during the scene of crimination and incrimina-
tion - The real value of depositions taken in extenso disclosed . - Scene between Mr. Anstey,
Mr. Hillier, and Mr. Mitchell. -Mr. Mitchell admonished by the Chief Justice. - Discus-
sion as to the nature of testimony. - Chief Justice says Attorney- General will draw up a
memorandum for guidance of the Magistrates. -Mr. Anstey on the not very creditable
state of affairs ' as to the Magistrates.-Further fencing between Mr. Hillier and Mr.
Anstey.-Criminal cases of the worst description against the Police. -Conviction of Indian
Police for extortion.-- P.C. Brady charged with robbery. - Case against P.C. Carvalho for
attempted extortion. - Police reformation the crying want.-- Prisoners and the assistance
of counsel - Messrs. Kingsmill and Cooper Turner appointed in Court to defend a Euro-
pean prisoner.- Interpretation again. Criminal Sessions end abruptly owing to the want
of an interpreter.Mr. Anstey's opinion of the interpretation. - The Chief Justice says he
has recommended the re- employment of Mr. Caldwell. - Death of Goodings, the gaoler.-
Death of Mr. C. Bowring, the Governor's father. -The attorneys of the Court. memorialize
the Chief Justice for a suspension of Ordinances Nos. 5 and 7 of 1856 .-- They wish to obtain
the necessary books of practice and Acts of Parliament.--The Governor's refusal. Impro-
per conduct of Mr. Anstey as regards the Chief Justice in the matter. - Sir John Bowring
criticized .- The attorneys hold a meeting to procure that Ordinances affecting them be pub-
lishedinfuture before being passed.—April Criminal Sessions.- Resignation of the Registrar-
ship by Mr. Cay.-Appointment of Mr. Alexander as Registrar. Mr. N. R. Masson, Deputy
Registrar.-Mr. Hillierappointed Her Majesty's Consul at Siam.- -His departure.---His long
and honourable career in the Colony.-The farewell given him as a popular officer.--His
358 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
death not long after.--Public opinion of Mr. Hillier in Hongkong. -His funeral in Bang-
kok.- Changes on Mr. Hillier's departure for Bangkok. - Mr. H. T. Davies appointed Chief
Magistrate of Hongkong.--Admiral Seymour appointed Naval Commander-in-Chief rice
Sterling. Mr. Anstey holds an inquiry respecting expenses of civil procedure and prac-
tice, etc. - Passing of Ordinance No. 14 of 1856 as the result.- Departure of Lieutenant-
Colonel Graham. Lieutenant- Colonel Dunlop acts and is made a member of the Executive
Council.-Execution of Samarang for murder. - Place of execution.- Samarang's cruel and
disgusting execution - Previous execution spot.--The gallows after executions remain
exposed to public view. —A protest. -Ordinance No. 10 of 1856. Lis Pendens and Purcha-
sers. Mr. Anstey slanders the Chief Justice.-He charges the Chief Justice with having
exceeded the bounds of temperance. - Sympathetic and indignant protest by the commu-
nity and the legal profession.--Mr. Anstey repeats the charge. -The Secretary of State
takes a different view.--The despatch. -Mr. Anstey afterwards makes public reparation to
the Chief Justice.-Indignation which Mr. Anstey's conduct aroused. - Character of Sir
John Bowring from the Journal of T. S. Raikes, Esquire.'-Mr. Anstey confirmed as a member
of the Legislative Council.- Ordinance No. 13 of 1856. -Yung Awing, an articled clerk to
Mr. Parsons, objected to as an interpreter of the Court. - Mr. Anstey's opinion that Yung
Awing's appointment incompatible with the provisions of Ordinance No. 13 of 1856.- His
resignation.-- Gaol misgovernment . Mr. Anstey files a criminal information against the
Sheriff, Mr. Mitchell, for a misdemeanour. —The charges. The facts.- Mr. Mitchell advised
certain prisoners to write to their friends for money to pay for certain charges.- Mr. Anstey
makes an inquiry. - Sir John Bowring's attitude of indifference.- He is ' doubtful of his
power to control the Attorney-General.'-The war of mutual attack between Mr. Mitchell
and Mr. Anstey. -Mr. Mitchell informs Sir John Bowring he is only defending himself
against Mr. Anstey's attacks -The Governor's reply to Mr. Mitchell and the latter's
action for defamation against Mr. Anstey.- Mr. Mitchell informs Sir John Bowring the
difficulty admits of no compromise. - Case against Mr. Mitchell by Mr. Anstey fixed for
hearing. In the case of Mr. Mitchell against him for slander, Mr. Anstey makes an
affidavit of no confidence in Hongkong special jurors.--He asks for a common jury.
The affidavit. -The prayer refused. -A gross libel upon the special jurors .--The
hearing of Mr. Anstey's case against Mr. Mitchell. - The evidence. - Mr . Anstey's extra-
ordinary address upon Hongkong affairs and people generally.--The jury request the
opinion of the Chief Justice upon the law of the case. -The Chief Justice rules that a mere
suggestion by the Sheriff to prisoners to raise money for extra food supplied them from
outside, not an attempt at extortion.--Verdict of not guilty received with applause. —A
paltry, vindictive, and contemptible action. - Defeat well merited. - Public opinion. - The
whole society of Hongkong convulsed in quarrels The Chief Justice takes the Bench at
noon owing to bad health. - Mr. Anstey objects. -The jurymen approve as a protest to the
Attorney-General's action. -Their letter. - Practice of keeping jurymen waiting when not
in the box.- Manifestation of good-will to the Chief Justice. - Mr. Anstey and Lord Pal-
merston's fine revenge. -Local view of the Chief Justice at this stage and of Mr. Anstey.
-Constitution of Legislative Council at this period . —Mr. Labouchere, Secretary of State,
informs Sir John Bowring he has no objection to a moderate increase in the number of the
Legislative Council. - Secretary of State's approval of Estimates being laid before Legisla
tive Council.
Ch. XVI § I.
Ordinance On the 15th January there was promulgated Ordinance No. 1 of
No. 1 of 1855 to enforce neutrality during the contest then existing in
1855. China.
enforcing
neutrality
during A Commission of Inquiry into the nature of fees re-
contest ceived by officers of the Government assembled by order of
in China. '
Commission Governor Bowring at the Government Offices on the 7th March
of inquiry for the first time, and on the 12th of that month, the Governor
as to fees
received by left for Siam to conclude a treaty of commerce with the King of
Government that place, returning to Hongkong on the 12th May having met
officers.
with complete success in his mission.
Treaty of
Commerce Chief Justice Hulme returned to the Colony on the 2nd April,
with Siam .
and at once re- assumed the duties of his office . He had not
Return
of Chief very much benefited by his year's absence as he could not ob-
Justice tain any further extension except at the sacrifice of his salary ,
Hulme
leave infrom and having exhausted all the leave he was entitled to, he had to
indifferent
health. return to duty with a seriously-impaired constitution .
* See antè Chap. XV.,་་ p. 343.
EXTORTION AND GAMBLING . 359
On the 15th April Mr. Sterling, who had been acting for the Ch. XVI § 1 .
Chief Justice, left on twelve months' leave of absence on sick 1855 .
leave. Mr. Bridges again acted for him. Departure
of Mr.
An investigation was held before the sitting Magistrate on the Sterling,
5th May into a widely-extended system of extortion which had General
torney,
for some length of time been perpetrated by Chinese subordi- on leave.
Mr. Bridges
nates in different Government Offices, reminding one greatly acts.
of the scandal attached to a similar practice, but on a much Illicit
larger scale and discovered also almost under similar circum- gambling
and extor-
stances in 1897 , as related hereafter in this work. Notwith- tion practised
standing that the law forbade gambling, † it was known that there by subor-
dinate
were several extensive
The circumstances gambling
alluded establishments
to were discovered in
bythe
the Colony.
servant officials
Governmentin
Offices.
of one of the officers of the Police Court quarrelling with some of Extensive
the coolies. The servant in revenge placed in his master's gambling
establish.
hands three cheque books, informing him at the same time that the ments
office coolies were in the pay of the gambling- houses. These books in the
Colony.
the officer handed to Superintendent May, who had them examined Payments to
by Mr. Caldwell . They were found to belong to a gambling- office
in thecoolies
house in the lower bazaar, and their contents were curious and Supreme
the
showed , inter alia, payments made to coolies at the Supreme Court,
Police Court,
Court and the Chief Magistrate's Court, and to the Police. Mr. and Police
Caldwell, thus put on the scent, went to the house indicated , Offices.
where he found the keeper of the gambling-house, who Confession of
admitted that the house was used for gambling purposes, and, gambling-
house
on a box being opened , further confirmatory evidence was keeper.
obtained . The man at once admitted that he had paid the Confirmatory
moneys entered in the book, naming several of the parties who evidence.
had received the sums. They were taken into custody ; but
when confronted before him in the Magistrate's Office, the keeper, Arrest of the
offenders.
as stoutly denied as he had formerly asserted , that they were Keeper
the men to whom he had paid money . The gambling - house- fined,
establish-
keeper was fined , the establishment broken up, and four of the ment broken
coolies , who it may here be noted " denied all knowledge or up, and
coolies
receipt of any money levied in their names," were committed to committed
take their trial before the Supreme Court. At the Criminal for trial.
Sessions, however, which was held on the 25th May, the acting Prosecution
abandoned.
Attorney- General, for reasons not now apparent , decided to file
no information against the defendants, and they were accord-
ingly discharged by Proclamation . Lieutenant-
Colonel
Lieutenant - Colonel Hope Graham, of the 59th Regiment, Hope
having, on the departure of Colonel Griffin on the 10th May, Graham ,
a member
assumed the command of the Garrison, was appointed to a seat of the
in the Executive Council on the 12th. Executive
Council.
* See Vol. 11., Chap. XCLI.
† See Ordinance No. 14 of 1844.
See antè Chap. XIV. § II., p. 340.
360 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XVI § I. The Bishop of Victoria submitted to the Governor, on the
1855. 25th May, a proposal for a public day of solemn fast and humi-
Crimean war. liation and prayer, for imploring the blessing and assistance
Bishop of
Victoria's of the Almighty in the war in which the nation was engaged,
proposal and for praying for the speedy restoration of peace. On the
for a day
of fast and 28th, after consulting the Executive Council, the Governor
humiliation. informed the Bishop that, in default of communication from the
Governor's
refusal Secretary of State, he did not feel warranted in complying with
without the Bishop's wish, the legal point in reference to which, after
instructions
from communicating with the Secretary of State, is to be found in
Secretary the following extract from a despatch subsequently received
of State.
and published on the 8th January, 1856 : --
Decision of
Secretary of " I have to acknowledge your despatch No. 82 of the 14th June last, trans-
State that mitting a correspondence which had taken place between yourself and the
Proclamation
of a Fast is Bishop of Victoria, on the subject of the proclamation of a day of general
reserved fast and humiliation .
to the
Sovereign I approve of the conduct which you pursued in refusing, without instruc-
by Order-in- tions from Her Majesty's Government, to proclaim a public fast
Council.
The proclamation of a fast ...... is an act which, by law, is reserved to
the Sovereign of this country as Head of the Church of England ; ......
……………
.. and as
a fast for the members of the Church of England cannot be ordered except
by the authority of the Queen-in-Council, no Governor of a Colony can pro-
perly exercise an authority which is not exercised by the Sovereign except
by Order-in - Council."
Free pardons The Governor, on the occasion of the Queen's Birthday, grant-
on Queen's
Birthday. ed a free pardon to five Europeans and eleven Chinese on con-
dition that they left the Colony for good . The former included
Colonel soldiers undergoing long terms for desertion and the rest for
Caine
appointed larceny and mutiny. The Chinese included Chun Cheong
senior
member She , the widow of the boatman who was hanged on the 27th
of the June, 1854, for the murder of Mr. Perkins . *
Legislative
Council. The London Gazette ofthe 7th June contained the announcement
Secretary that Colonel Caine had been appointed the senior member of the
of State's
directions Legislative Council, and on the 25th of the same month , a Noti-
as to com-
munications fication appeared that , " in consequence of instructions from the
concerning Secretary of State, the Government Notification of the 15th
the Colony. April , 1854 , † was withdrawn , and that all communications to
Colonel
Caine as Government in matters concerning the Colony were in future
Lieutenant-
Governor to be addressed to the Colonial Secretary for submission to His
only Excellency the Governor and Commander-in - Chief. " Colonel
authorized
to act in Caine as Lieutenant- Governor was now therefore only author-
absence of ized to act in the absence of the Governor, and his office became
Governor. almost a sinecure .
His position
almost a
sinecure. The Legislative Council at this time consisted of five official
and two unofficial members, the former being the Governor, the
* See antè Chap. XV., pp. 349, 350.
† See antè Chap. XIV. § II., p. 340.
THE RESIGNATION OF MR. D. R. CALDWELL . 361
Lieutenant-Governor, the Chief Justice, the Attorney- General, ch. XV1 § I.
and the Chief Magistrate of Police. Why the Lieutenant- Gov- 1855.
ernor, when the Governor was present in the Colony, should Governor Lieutenant-
have had precedence over the Chief Justice cannot be under- with pre-
stood, for, as is well known , in days of old Chief Justices ranked cedence
over
immediately after the Governor, and in many instances acted Justice. chief
for him. Conviction
The June Criminal Sessions were noted for the capture and brothers
conviction of two Chinese named Chui Ah Sam , the elder, and Chui Ah Sam,
pirates,
Chui Ah Sam, the younger, for burglary, the two being the Brother and
brother and nephew of the notorious Chui Apo, the murderer nephew
Chui Apofo.
ofCaptain Da Costa and Lieutenant Dwyer. * These men were Sentence
also known as pirates, and now received heavy sentences . of death
on Lee
At this Sessions another Chinaman, named Lee Akung, was Akung for
sentenced to death for murder, and executed on the 11th July. murder.
His execu
On the 2nd July the Government notified , by direction of the tion.
Secretary of State, that knowledge of Chinese would in future be Government
Notification
considered a good ground for promotion in the public service . that know-
ledge of
On the 3rd July Mr. Caldwell resigned his offices of Assis- grou Chinese
nd for
tant Superintendent of Policet and General Interpreter. promotion
Discontent at his position , especially in comparison with others, in the
service.
would appear to have been the immediate cause of his resigna- Mr. Caldwell
tion, and probably the idea also was that the Government resigns offices
of General
would be embarrassed at his resignation , for the local press, Interpreter
evidently inspired, had frequently touched upon the subject and and Assistant
Superin.
hinted that the Government, without Mr. Caldwell at its heels, tendent
and who undoubtedly to all appearances was a valuable public of Police.
servant, would soon find itself in an awkward position . § The at his
Discontent
Government on the 5th July accepted Mr. Caldwell's resignation , position.
expressing regret at the same time " at the termination of his Inspired
articles in
connexion with the Government to which for many years past the Press at
he had rendered so much important and valuable service . " || probable
result if he
Sir John Bowring, on the 6th July, appointed Mr. Thomas resigned.
Mr. Cald-
Wade to the Chinese Secretaryship in the Superintendency of well's
Trade in Hongkong, and on the 1st August, Mr. Alexander resignation
Grand - Pré was appointed to the office of Assistant Superinten- accepted. Government
dent of Police and General Interpreter in the room of Mr. Cald- expression
of regret.
well, resigned, being gazetted on the 9th. Mr. Grand - Pré was Mr. Wade
represented as an alien , and in other respects his appointment appointed
was unfavourably commented upon, and as a Police Commission Chinese
Secretary
had been sitting since the 1st August, this appointment was to the
Superin-
* See antè Chap. XII . § II. , pp. 296-299, and references there given. tendent of
+ See Chap. v. § II., p. 128.
See Chap. XII. § 1., p. 286.
On this subject, see antè Chap. XIII. § I., p. 327.
See Chap. XVII. § I., infrà., where Mr. Caldwell rejoins the service.
Antè Chap. XV., p. 350,
362 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XVI § 1. suggested as one for inquiry, having regard to the qualifications
1855. for the office of the senior officers passed over.
Trade in
Hongkong.
Mr. Grand- It was not very long, however, after Mr. Caldwell's resigna-
Pré ap- tion , that his absence as a Chinese interpreter was felt, and on
pointed to
replace Mr. the 24th August, Government, finding itself in a dilemma con-
Caldwell. sequent upon " the absence on sick leave of the regular Chinese
Mr. Grand- interpreter at the Chief Magistrate's office, " advertized " for a
Pré an alien.
The Govern qualified person to act in his stead for some months at $ 50 a
ment in a month ," "the ordinary hours of attendance " being stated to be
dilemma for
from 10 a.m. to 4 p.in. "
interpreters.
Frequent Robberies at this period were frequent in different parts of
robberies in
the town. the town, and amongst them one had been committed on the
The Chief Police-guarded premises of the Chief Police Magistrate. Now
Magistrate an important one was reported as having been committed in
robbed .
Victoria Gaol, in consequence of which the authorities were
severely taken to task, strong suspicion in this case resting upon
the European prison subordinates . The Gaol was under the
sole charge of a turnkey named Whelan , and on the 20th August,
Heavy Goodings, the Chief Gaoler, discovered the padlock of the store-
robbery in
the Gaol. room forced, and upwards of £ 90 , partly belonging to prisoners .
abstracted from a camphor- wood box wherein the property of
prisoners was kept, there being no safe in the gaol.
European The occasion was deemed appropriate , however, for noticing
subordinates
suspected. the small pay allowed the Gaol subordinates . The Chief Gaoler
Upwards had $45 a month ; his wife, acting matron, $5 ; McLaughlin,
of £90
abstracted. first turnkey, $24 ; and Whelan , the second turnkey, formerly
Small pay a private in the 59th Regiment, $ 15 . On these salaries all
allowed these people had to provide themselves ; and it was a matter for
the Gaol
subordinates. Surprise how Government imagined honesty could be maintained
in men of Whelan's class especially, on the small modicum he
received . Of the money lost a sum of £ 30 belonged to prisoners
who were entitled to its return on the expiry of their sentences.
The Sheriff, it appeared, had bought an iron chest for the
gaoler's use some months before, but as the Government would
not allow the disbursement, it lay in the robbed store -room un-
Turnkeys used . McLaughlin and Whelan were committed for trial for
committed
for trial. larceny on the 30th August, but the case being a weak one they
Prosecution were let out on bail, the prosecution being subsequently aban-
bandoned. doned by the Attorney - General.
A discharged
seaman A seaman named Clark , on the 7th September, sued Goodings,
sues the
gaoler the Gaoler, for £ 18 . 16s. 6d. moneys deposited by him in terms
for moneys
of Ordinance No. 1 of 1854, on the occasion of his being sent
deposited
by him. to gaol for refusing to do work on board ship. The defence
THE CONDUCT OF MR. KEENAN, AMERICAN CONSUL . 363
was that the money had been stolen from the store -room in the Ch. XVI § 1.
Gaol, together with other moneys belonging to himself, the de- 1855.
fendant, and to other prisoners . The case was dismissed , the Chief Ordinance
No. 1 of
Justice holding that the Sheriff was the proper person to be sued . 1854.
The Court at the same time informed the plaintiff that, unless he Justice
The Chief
was prepared to prove gross negligence, the plaintiff must stand decides
the loss himself. On the plaintiff remarking that he had lost Sheriff
everything he possessed in the world and for which he had the proper
perso n to
worked hard , His Lordship replied " perhaps a memorial to the be sued.
Chief
Governor might obtain compensation - he, the Chief Justice, Justice's
was there to administer the law and could only suggest the suggestion of
a memorial
application ." to the
Governor.
A disturbance at a sale of Crown lands by auction at East Disturbance
Point on the 12th August, in connexion with which Messrs. at a public
auction
Jardine, Matheson , & Co. had previously remonstrated with the ofCrown
lands.
Government, and which on the day of the auction had the effect of Messrs.
deterring certain Chinese from purchasing the land owing to cer- Jardine,
tain threats which had been held out to them, induced the Govern- Matheson,
& Co., and
ment on the 19th September to issue a warning " that any per- the heldthreats
out to
son or persons causing interruption to or interference with any the Chinese.
land sale, to the injury of Crown rights or the detriment of the Government
public revenue, would he proceeded against according to law. " issue a as to
warning
consequences
The Act 18 and 19 Vict. c. 104 , for the Regulation of Chinese of inter-
fering with
Passenger Ships and giving powers to the Hongkong Legislature land sales,
in reference thereto, was passed on the 14th August. The Act
18 and 19
On the 4th October Government cancelled the Commission Vict. c.
104 for
of the Peace hitherto existent, and on the 5th and 17th October regulating
and 26th November, notified the nomination of those appointed Chinese
Passenger
to the fresh list. Ships.
Fresh list of
Justices of
At this period the records show the ungracious and illegal the Peace.
act of the American Consul , Mr. Keenan , in rescuing a prisoner The Ame-
who was being taken to gaol on conviction by the Chief Magis- Consul,
ricanKeenan
Mr. ,
trate. It appeared that the carpenter of the American ship Rein- rescues
deer, an Englishman , had been put in irons after having been a prisoner.
severely flogged by the master, C. W. Nichols . On his com-
plaint, the case was heard on the 23rd October , and the Magis-
trate, Mr. Hillier, fined the master $ 50 , with $ 25 compensation The facts.
to the injured man, who was represented by Mr. Stace. Mr.
Keenan was present at the hearing, and objected throughou t to
the jurisdiction of the Court, on account of the affair having
happened on board an American ship. The master refused to Rescued by
trickery and
pay the fine, and, as stated, on the way to the Gaol, through a taken on
trickery, he was rescued by the Consul from the Usher and board an
American
taken on board the U. S. S. Powhatan. man-of-war.
364 HISTORY OF THE LAWS, ETC. , OF HONGKONG.
Ch. XVI § I. This proceeding having been reported to the Chief Magistrate,
-
1855. out of respect to the American flag, Mr. May, the Superinten-
Mr. May goes dent of Police, went himself on board the Powhatan to demand
on board .
that Captain Nichols should be given up. There was no active
No assistance opposition shown to Mr. May, but no assistance was given him,
given him.
and as the master had either left the ship or was well concealed
Local on board, the Superintendent had to return without his pri-
acrimony soner. Meanwhile the pros and cons of the case were fully
against the
Consul's discussed locally, and much acrimony shown against the Con-
behaviour. sul's behaviour.
The Ame- On the 27th October, " the American citizens and masters of
ricans
address a American ships in Hongkong and China waters cognizant of the
letter of
occurrence of the 23rd October, " addressed a letter of approval
approval
to their to their Consul. The authorities in the meantime decided to
Consul.
prosecute Mr. Keenan , and he was summoned to appear before
Arrest and the Police Magistrate on the 1st November. Failing to appear a
committal
for trial of warrant was issued for his apprehension, and after inquiry on
the Consul. the 13th November he was committed for trial before the Supreme
Court, by the Assistant Magistrate, Mr. Mitchell, on a charge
of misdemeanour in rescuing a prisoner, assault, and assault and
battery, bail being taken for his appearance.
Charge The fine imposed against Nichols had in the meantime been
abandoned
on the paid . As regards the charge against Mr. Keenan , it had even-
advice tually to be abandoned on the advice of the acting Attorney-
of the acting General , Mr. Bridges, in consequence of Captain Nichols not
Attorney-
General.
having been legally in custody. The Chief Magistrate had
The reason. neglected to grant a warrant for the alternative of imprisonment
in default of payment of the fine, and the Usher had therefore
no legal authority for taking the offender to prison, so that
there could have been no rescue, which was the main charge against
Mr. Keenan, though, of course , being a mere point of form, this
did not affect the merits or demerits of the case.
Eccentricity In connexion with Mr. Keenan, it may be mentioned that
of Mr.
Keenan. this was by no means the first time he had shown his eccentric
conduct at the Police Court. In July last, a seaman of the Ame-
Case of the rican ship Annie Bucknam charged the mate of the ship with
Annie Buck assault .
nam. Consul Keenan retained Mr. Cooper Turner to defend
the mate, and with the latter appeared before Mr. Mitchell
Mr. Mitchell when the case was tried . Mr. Mitchell taking no notice of
and his
refusal to the Consul's presence, Mr. Turner reminded him that it was
extend to
Mr. Keenan only customary courtesy to offer a Consul , representing the
the cus- nation to which parties belonged, a seat on the Bench. Mr.
tomary Mitchell replied that Consul Keenan had on a former occasion
courtesy
of offering treated the Court with marked disrespect, and he should not
MR. STERLING APPOINTED PUISNE JUDGE AT CEYLON. 365
think of acceding to Mr. Turner's suggestion . Upon this Mr. Ch. XVI-- § 1.
Keenan entered his protest to the Magistrate's jurisdiction , and 1855.
left the Court . In the result the defendant was fined and or- Foreign
Consul a
dered to be sent on board his ship as a deserter, and where he, seat on the
no doubt, met with his ' deserts .' Bench.
The subjoined translation of a proclamation issued to the Proclamation
Chinese community of Hongkong by the Governor, Sir John of Sir John
Bowring
Bowring, relative to meetings held in the Colony by persons to the
Chinese
engaged in planning a seditious movement against the Empire regarding
of China, was published on the 24th October for general informa- seditious
movement
tion . The government of the Colony, by the laws of England, against
it will be seen, is made prominent : - Empire
of China.
" Whereas the island of Hongkong is a part of the Dominions of Great Hongkong
Britain, and governed by its laws : as the people of every nation whatsoever laws and the
of
thereto resorting, either to reside or to trade, are entitled to the protection of England.
the British Government, so is no one of them, no matter to what nation be-
belonging, exempt from punishment of its laws if he venture to break them.
Information has been received that meetings have, of late, been secretly
held in the Colony by persons engaged in planning a seditious movement
against the Empire of China. Are they not aware that such proceedings are
utterly forbidden by the laws of this Government, and that they expose both
principals and accessaries to very severe penalties ?
It being deemed right to make public without loss of time the prohibitions
of the law affecting this offence, Notice is hereby given to all the inhabitants
of the Colony, that any person, whether Chinese or of any other nation, de-
tected in making, planning, or arranging an attack of a war-like character
upon any person in any part of China, will be proceeded against with the
utmost rigour of the law.
Such of you, the Chinese population, as continue to pursue your avocations
in peace, will have the benefit of protection as heretofore ; but those who,
ungrateful for that protection, presume to make use of this Colony as a place
in which they may assemble to contrive sedition, shall be handed over, the
moment they are discovered, to the Chinese authorities to be dealt with. The
warning given, it will be followed by the execution of the law. Let every
one attend and obey !
By Order,
W. T. MERCER,
Colonial Secretary. "
Colonial Secretary's Office, Victoria,
Hongkong, 24th October, 1855 .
The news of the appointment of Mr. Sterling, the Attorney Mr. Sterling
General, to a Puisne Judgeship in Ceylon , reached Hongkong appointed
Puise Judge
at the end of October without much regret. From the records at Ceylon.
he does not appear to have been over - popular nor " generally His career in
esteemed for forensic powers," and both " the learned gentleman Hongkong.
and the community were congratulated on his removal to a new
Local
and richer field of inaction , and as for the Ceylon folks , in the opinion.
words of Burns -' We wish them luck o' the prize man .'
* See Introduction, antè pp. 23, 24.
366 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XVI § I. The salary of Mr. Sterling's new appointment was £ 1,800 a
1855. year, while in Hongkong he drew £ 1,500, with the privilege of
private practice . Mr. Sterling had served the Colony eleven years
from the time of his arrival in July, 1844. *
Continued The Chief Justice being too unwell to hold the Criminal
illness of
the Chief Sessions, and the two postponements that had taken place in
Justice. consequence having been exhausted, the Governor, on the 26th
Block in
business. October , appointed a Commission consisting of " The Honour-
Governor able William Thomas Bridges , Esquire, acting Attorney- General.
appoints a as President ; the Honourable William Thomas Mercer,
Commission
to hold the Esquire, Colonial Secretary, and the Honourable Lieutenant-
Criminal
Sessions. Colonel Henry Hope Graham, Commanding the Forces, as
members , to discharge the office of Chief Justice at the next en-
suing Criminal Sessions, and no longer ; and His Excellency
Ordinance was further pleased to appoint under Ordinance No. 6 of 1846 .
No. 6 of
1846. Henry Kingsmill, Esquire, barrister-at-law, to discharge the
Mr. Kings- duties of Attorney- General at the Sessions aforesaid . " The Ses-
mill
sions was accordingly held on the 29th, 30th, and 31st October.
appointed
to discharge There were thirteen cases for trial comprising prisoners who,
duties of
Attorney- but for the appointment of the Commission, must have remained
General in Gaol for a considerably longer period.
at the
Sessions.
November
Criminal Sir John Bowring was of opinion that it was quite impossible
Sessions to postpone the Sessions, public feeling being, moreover, against
postponed. such a course . The event showed that the Governor was
Governor
appoints right, for, in consequence of the continued indisposition of the
the same Chief Justice, the November Criminal Sessions , fixed for the
Commission. 29th of that month , had to be postponed to the 29th December
following, when the Governor again appointed the same Com-
mission as before, with Mr. Kingsmill as acting Attorney.
Complete General, to dispose of the criminal work. It may be added
stagnation
of the Court that, during the whole of the period mentioned above, there had
work on the
civil side. been a complete stagnation of the work on the civil side of the
Mr. Day Court, and the Government now appointed Mr. Day, a local
appointed practitioner, to hold a Court of Summary Jurisdiction on the
to hold
a Court of 4th January to dispose of arrears, as the acting Attorney-
Summary General, Mr. Bridges, could not sit, in consequence of his hold-
Jurisdiction .
ing retainers in one or more of the cases to be tried .
* Sec antè Chap. II., p. 56.-" The late Paul Ivy Sterling, Esq., formerly a judge of
the Supreme Court of Ceylon, who died at Southsea. Hampshire, on the 23rd August, in
the seventy-fifth year of his age, was the eldest son of the late Reverend Joseph Sterling,
of Queen's County, Ireland, and was born in the year 1804. He was educated at Trinity
College, Dublin, and subsequently entered as a student at King's Inn, Dublin. He was
called to the Irish Bar in Michaelmas Term, 1829, and afterwards proceeded to Gray's Inn,
London. He was appointed Attorney-General in China in 1843 , and a Puisne Judge of the
Supreme Court of Ceylon in 1855. That office he filled till 1863, when he retired on a
pension."-The Law Times, 20th September, 1879, p. 364. His wife had predeceased him
on the 30th August, 1866, at Lower Brunswick-place, Brighton.
APPOINTMENT OF MR . T. C. ANSTEY AS ATTORNEY- GENERAL. 367
The year 1855 saw some important measures pass the Legis- ch. XVÍ § 1.
lature, the most important ones as bearing upon the Courts 1855.
being Ordinance No. 2 relating to foreign attachments ; No. 5 Important
legislative
providing for the disposal of unclaimed balances of the estates measures
of persons dying intestate ; and No. 6 amending the practice and in 1855 .
Ordinance
procedure of the Supreme Court, and adopting certain provisions No. 2 of 1855 .
of the Common Law Procedure Acts , 1852 and 1854- ( 15 & 16 Ordinance
No. 5 of 1855.
Vict. c . 76 and 17 & 18 Vict. c. 125 ) . Ordinance
No. 6 of 1855.
On the 2nd January the Government notified that " in con- ch. XVI § II.
sequence of the continued indisposition of the Honourable the 1856.
ChiefJustice, the Governor had , under his hand and the seal of the Continued
Colony and in accordance with section 5 of Ordinance No. 6 of illness
of Chief
1845, appointed Mr. John Day, barrister-at- law, to sit in the Justice
Hulme.
place of the Chief Justice, and hear and determine such suits as Mr. Day
may be brought before him under the Summary Jurisdiction of appointed
the Supreme Court, on Friday, the 4th January, and following to sit in his
place.
days until all such cases shall have been adjudicated and deter- Ordinance
mined ." It was well that so simple a remedy could be applied No. 6 of
1845,
to what had been a growing grievance and to which attention section 5.
had been repeatedly called .
On the same day, owing to the continuance of disturbances in Continued
disturbances
China, Ordinance No. 1 of 1856 , re- enacting Ordinance No. 1 of in China.
1855 enforcing neutrality during the contest, was promulgated . Ordinan
No. 1 of
1856.
The news of the appointment of Mr. Thomas Chisholm Anstey ordinance
to the Attorney- Generalship of the Colony, in the place of Mr. No. 1 of 1855.
Sterling, reached Hongkong at this time . He was a barrister Appointment
of Mr. T. C.
of seventeen years ' standing, and as a member of Parliament had Anstey as
Attorney-
distinguish ed himself by hostility to Lord Palmerston as Foreign General
Secretary, and at the time of his appointment to Hongkong held in the place
of Mr.
the appointment of a Law Commissioner under His Lordship's Sterling.
administration . The following are biographical notices in regard His previous
to Mr. Anstey at the time of his appointment, and, as he played career.
such an important part in the affairs of Hongkong, for purposes
of record , they will not be found out of place. Biographical
The first notice notices.
is as follows :--
Anstey, Thomas Chisholm, [ Youghal] .
"Second son of Thomas Anstey, Esquire, of Anstey-Barton , Van Diemen's
Land. Born in London, 1816 ; married 1839, Harriet, 2nd daughter of the late
J. E. Strickland, Esquire, of Loughglyn House, co. Roscommon . Educated at
Wellington, Somersetshire, and at University College , London. Called to the
Bar at the Middle Temple, in Hilary Term, 1839. Is Professor of Law and
Jurisprudence at the Colleges of St. Peter and St. Paul, Bath. Is author of
"British Catholics and the New Parliament " [ 1841 ] ; " A Guide to the
Laws of England affecting Roman Catholics " ; " A letter to Lord Cotten-
ham on Petitions of Right " ; " A letter to W. H. Watson, Esquire, M.P.,
* For review, see 6 Jur. Part 2 (O. §.) p. 250.
† See 10 Jur. Part 2 (0. S.) p. 1.
368 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XVI § II, on illegal Fees on Petitions of Right " ; " Guide to the History of the Laws
and Constitution of England , in Six Lectures " ; together with numerous
1856.
miscellaneous papers in the " Portfolio," " Dublin Review," " Law Maga-
zine," etc. A liberal ; opposed to " centralization ; " in favour of the repeal
of the Union both with Ireland and Scotland ; thinks " that the abolition of
excise, the reduction of customs, and the repeal of all currency laws, are the
only methods of insuring protection to all." First returned for Youghal in
1847."
The following is from Parliamentary Portraits :-
MR. THOMAS CHISHOLM ANSTEY.
Mr. Anstey sits for the borough of Youghal, for which he was first returned
in 1847. He is the second son of a highly respectable landed proprietor in
Van Diemen's Land, a member of Council there, and was born in 1816. His
family is Protestant ; but he himself coming over to England to be educated
was, when young, converted to Catholicity. He was educated at Wellington,
in Somersetshire ; and at University College, London.
Mr. Anstey adopted the profession of the law, and, while a student, was
distinguished as an active and ardent member of the legal debating societies.
He was called to the Bar by the Society of the Middle Temple, the 25th
January, 1839. He married soon after a Miss Strickland, an Irish Catholic
lady of good family, and went to carry on his profession in Van Diemen's
Land. There he was made Judge of the Insolvent Court, but, getting into
some disagreement with the authorities of the place, he threw up his appoint-
ment and returned to England . He then joined the Northern Circuit, and
was an attendant for some time at the Manchester Sessions. He afterwards
more exclusively devoted himself to Chancery practice, and he has been
employed in that department with advantage in some very important cases .
He is the author of many articles in the periodicals, and of a very able trea-
tise on the laws affecting Roman Catholics. As a writer, Mr. Anstey is
correct, powerful, and fluent. His learning, too, is profound and extensive.
His election for Youghal, and his subsequent parliamentary notoriety, are of
too recent date to need record here.
He is a man of energetic and ardent mind ; but he is, at the same time,
perfectly upright and honest. During his whole life, he has never allowed
his interests to interfere with his chivalrous and almost Quixotic integrity.
Mr. Anstey is a liberal in politics and favours the repeal of the Union both
with Ireland and Scotland. He took part in the debate of Tuesday night, on
the motion of Sir George Grey, for the continuance of the suspension of the
Habeas Corpus Act in Ireland, when Mr. Anstey addressed the House against
both the motion and the amendment. He admitted the reality of the insur-
rection of last year, which was put down, and of the existing disaffection in
Ireland ; yet he considered the grounds put forward in support of the measure
utterly insufficient to justify an invasion of the personal liberty of the subject.
For the same reasons, he maintained, a committee of inquiry would be fruit-
less. On the same evening, the honourable member moved for leave to bring
in a bill for the further repeal of enactments imposing penalties upon Roman
Catholics, this being substantially the same Bill as he introduced last session.
He was pressed to withdraw the measure as ill-timed ; and , on declining to
do so, the House divided, and the Bill was rejected by a majority of 2."
Mr. Anstey In addition Mr. Anstey was a Law Commissioner , and The
as a Law
Commis- Law Magazine had occasion to express regret at his severance
sioner.
from the Commission owing to "his great acquaintance with
MR BRIDGES AND HIS EXPECTATIONS . 369
the Statute Law and power of laborious exertion equalled by Ch XVI § II.
few. " and especially as Mr Lonsdale, the Secretary to the late 1856.
Criminal Law Commission , and Mr. Rogers, one of the Assistant
Commissioners ofthe late Statute Law Commission , had also been
suffered to quit this service, the former to attend to his duty as
County Court Judge and the latter to go to the Colony of Van
Diemen's Land as Solicitor - General, -all of whom it would be
difficult to replace . *
The London correspondent of The Liverpool Albion in one of The Liver-
his letters headed " Metropolitan Gossip ," dated London , the 19th pool Albion
on Mr.
January, 1856 , made allusion to Mr. Anstey's appointment, the Anstey's
appointment.
concluding portion of which, as will be seen hereafter, proved He goes to
rather an unfortunate prophecy, as events showed : - China in a
"diabolic
"How the Post happens to be Pam's own print is unintelligible to all and frame of
mind."
their name is legion who reject the Urquhartine story about a former editor
having called for P's head as a traitor, and then being muzzled with a St.
Petersburg consulship, just as in the present case of Anstey, who is made
Attorney-General at Hongkong, for the same reason by the same person.
Chisholm, by the way, has gone to the Celestials in a diabolic frame of
mind."
Locally it was hoped that on his arrival Mr. Anstey would Local hopes.
forget that he was once a reformer. A man of his ability and
energy might be of essential benefit to the Colony.
A system ofgaol delivery had now been going on for some time, A system
and of a kind that must have been considered more objectionable of gaol
delivery.
than the late Criminal Sessions Commissions. † eight convicts Escape of
having escaped over the gaol wall by means of a rope, and ten convicts ,
from the guard while at work on the roads. Of the eighteen
only five were re-captured.
Mr. Bridges, the acting Attorney-General left for England on Mr. Bridges,
acting
the 15th January, without waiting to welcome his successor who Attorney-
was shortly expected . For nearly a year, he had filled the office General
leaves for
of Attorney- General during the absence of Mr. Sterling for England
whom he had also acted when he officiated as ChiefJustice during without
waiting for
Mr. Hulme's stay at Home.§ Contemplating the early retire- Mr. Anstey.
ment from the Bench of the Chief Justice, consequent on His Lord- He antici-
pates Chief
ship's continued indisposition, Mr. Bridges, it would appear, went Justice's
Home to urge his claims should Mr. Anstey be raised to the Bench . retirement.
early
A dinner was given to him on the 12th January by both given
Dinnerto him,
branches of the legal profession .
* On this subject, see also The Jurist, (O. S.) Vol. 17 and 18, Pt. 2, 1st July, 1854, p.
226.
+ See antè pp. 366, 367.
See antè Chap. XIII. § I., p. 322.
See antè Chap. xv.. p. 347.
370 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch . XVI § II. The last published Government Gazette contained an intima-
1856. tion from the Registrar of the Court that no Criminal Sessions
No Criminal would be held this month (January) probably in anticipation of
Sessions held the arrival of the new Attorney- General, who was expected
in January.
about the time they should have been held.
The long The long tale of Police and Prison misgovernment
tale of again
Police and came under public notice consequent upon the verdict of a
Prison
misgovern- Coroner's Jury at an inquest recently held . Speaking of the
ment, cells under the Police Station , Dr. Dempster, the Colonial Sur-
Coroner's geon, in his evidence at the inquest , said : ---
inquest.
Cells under "It is a filthy, disgusting place, badly ventilated, and altogether unfit for
Police occupation by human being. I was never in the cells but once to see a
Station Policeman under delirium tremens ; and so horrified was I with the dirty,
a sink of
iniquity.' stinking hole, that I took it on myself to order the man out of confinement at
once. It is a sink of iniquity. A man in a weak state of health kept in such
a place twenty- four hours would receive irremediable injury to his whole
system."
Verdict of According to the evidence, the deceased had been kept in one
the Jury.
of these cells for four nights and three days ! And the follow-
ing verdict of the Jury was no less startling : -
" The deceased died from the effects of disease contracted prior to his arrest
-death being accelerated by severe treatment at the hands of the Police , not
only in his being dragged from his bed at midnight, when so sick he could
hardly walk, but in being thrown into a cell described by the Colonial Surgeon
as unfit for occupation by any human being, and further accelerated by the want
of attention apparent during confinement in Gaol ; and the Jury recommend
that the Colonial Surgeon's representation regarding the cells at the Police
Station be brought to the especial notice of His Excellency the Governor."
Arrival of Mr. Thomas Chisholm Anstey, the new Attorney- General
Mr. Anstey, and standing counsel to Her Majesty's Plenipotentiary and
Superintendent of Trade, whose fame and reputation had so
long before preceded him , arrived in Hongkong by the P. &
O. Steamer Cadiz on the 30th January . It appeared that in
the month of October, 1855 , upon the recommendation of Sir
William Molesworth, the Secretary of State for the Colonies,
Her Majesty had been pleased to appoint him Her Attorney-
General for Hongkong ."
Date of bis On the 21st November, 1855 , Mr. Anstey left London by
departure
from London. overland route for his destination, and arrived in Hongkong on
the date mentioned above.
Governor
His appointment was gazetted the same day, and in a separate
appoints
him to sit notification it was also announced that the Governor had ap
* Parliamentary Papers on Hongkong, 1860, p. 421 , §§ 1 , 2. See also Mr. Anstey's
allusion to Sir William Molesworth and the circumstances of his appointment in his speech
in the case against him by Mr. Mitchell, in August, 1856, Chap. XVII. § I., infrà.
TO NEW YORK
PUBLIC LIBRARY 1
ASTOR, LENOX AND
TILDEN FOUNDATIONS
T. C. ANSTEY.
MR. ANSTEY ON THE ETIQUETTE OF THE BAR. 371
pointed him ( in consequence of the continued indisposition ofcu. XVI § II.
the Chief Justice, and in lieu of Mr. Day previously gazetted for 1856.
the purpose and who had until this been sitting ) to hear and for Chief
Justice
determine suits on the summary jurisdiction side of the Court, in lieu of
on the 1st February and following days until all such cases had Mr. Day.
been adjudicated and determined . This appointment was vir- Ordinance
No. 6 of
tually the same as that previously conferred upon Mr. Day 1845 , see-
under section 5 of Ordinance No. 6 of 1845. * tion 5.
On the 31st January, Mr. Anstey was gazetted to a seat in Mr. Anstey
the Legislative Council. During this month the Bills of Lad- gazetted to
a seat in the
Legislative
ing Ordinance ( No. 2 of 1856 ) and another extending certain Council.
Imperial Acts to this Colony ( Ordinance No. 3 of 1856 ) passed Ordinances
the Legislature .† Nos . 2 and 3
of 1856.
On the 1st February , the new Attorney -General , Mr. Anstey, Mr. Anstey
officiated for Chief Justice Hulme on the summary jurisdiction the
officiates
Chieffor
side of the Court as previously announced . Mr. Anstey's want Justice on
of knowledge of the Chinese character caused some of the cases theside Summary
.
apparently to occupy more time than their importance deserved . His want of
In one case, for a breach of contract, the plaintiff and his wit- knowledge
of the
ness were evidently guilty of perjury, and fined respectively Chinese
$100 and $ 20, they having, according to Mr. Anstey's decision, character.
He fines a
"out of their own mouths, after a most careful and searching les
plaintiff
cross -examination on the part of the Court, convicted them- and his
witness for
selves of wilful perjury." The fines were paid. perjury.
The loss sustained by Mr. Caldwell's resignationwas made Mr. Cald-
apparent at this sitting, when he, happening to be present in well's
as an loss
Court as a spectator or witness, was called in to the assistance interpreter.
of the acting Interpreter .
The Hongkong Bar had been, until very lately, formed of Rules of
such a small number of barristers that it was little more than the Bar
occasionally
sufficient to entitle it to be called a body. The Bar had , since infringed .
the commencement of the Supreme Court until quite recently,
consisted of rarely more than two barristers and oftener of only
one. Under such circumstances it was not to be wondered at
that the rules of the Bar may have been occasionally infringed .
Now that there were several practising barristers in the Co- Rules of
etiquette
lony, it was only fair, it is to be presumed , that strict profes- drawn up
sional rules of etiquette should have been adopted, and the follow- by Mr.
Anstey.
ing was the document drawn up by the Attorney - General on the
* See antè p. 367.
† The following is the schedule of the three Acts of Parliament to which the Ordi-
nance referred :-
6 & 7 Vict., Cap. 83.-" An Act to amend the Law respecting the Duties of Coro-
ners."
9 & 10 Vict., Cap. 24.—“ An Act for removing some Defects in the Administration
of Criminal Justice."
11 & 12 Vict., Cap. 46.-" An Act for the Removal of Defects in the Administra-
tion of Criminal Justice."
See antè p. 361 .
372 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. XVI § II . rules to be observed by barristers in future. It was accom-
1856. panied by the following circular : --
The circular CIRCULAR.
and memo-
randum . "The Attorney-General has the honour to make known to the members of
the legal profession in this Colony his reply of this date to certain questions,
recently submitted to him on the part of the Colonial Bar, in a matter highly
affecting the conduct and character of its members."
Attorney- General's Office,
Hongkong, 23rd February , 1856.
The following was the memorandum : --
MEMORANDUM .
"The Attorney- General has the honour to acknowledge a communication
under this date from two English barristers practising at the Bar of this
Colony ; in which, after expressing their belief that the manner, in which the
rules and usages of the English Bar are disregarded here, has not escaped the
Attorney-General's attention, those gentlemen request him, as Leader of the
Provincial Bar, to certify his opinion how far those points of departure are
consistent with the honour and dignity of the Bar itself.'
In acceding, as he is bound to do, to their request, the Attorney-General
"
will endeavour to specify the several points of departure,' which have as yet
caught his observation. It is possible that there may be others of the same
kind. If so, the gentlemen of the Bar will be pleased to consider them to be
comprehended within the general reprehension which it is his duty to express
of all endeavours on the part of English barristers, to set at nought their
honourable obligations ; which follow them, in that character, wheresoever they
go ; and to the universal observance of which by its members is alone to be attri-
buted the high pre-eminence which still, after so many centuries of possession,
remains to that Bar undiminished and untarnished.
But the province of a colonial Attorney-General, as Leader of a local Bar,
is in this matter limited . He has no power to alter the code of honour in
favour of himself or his brethren. He has no power, on the other hand, to
enforce their obedience to its precepts . All that he may do is to explain and
declare them when occasion calls for it ; and to remind his brethren , if need be,
that there is one tribunal which has jurisdiction, although he has none, -
their Inn of Court.
The Attorney-General has now to express his concern in approaching the
points to which his attention is called , that any doubt could have been felt in
any quarter with respect to their character ; and , above all, that any persua-
sions or pretences, commended by whatsoever authority, should have succeed-
ed in procuring them to be adopted in practice. These ' points of departure '
are in truth so utterly at issue with the principles of the English Bar, and the
practice of barristers, that a deviation into them would undoubtedly be
punished in England with the forfeiture of his grade by the offender.
1. Barristers are disqualified from entering into any agreement or under-
standing with solicitors, directly or indirectly, having in view the dispensation
of professional employment to the former by the latter.
2. Except when the client happens to be also a barrister, no barrister can
stipulate with a solicitor for the employment of another barrister, albeit not
himself party or privy to the agreement.
3. For the barrister to nominate the solicitor in the cause is grossly unpro-
fessional. No barrister can interfere with the client's own selection of an
adviser. Much more therefore is to be condemned the practice, which is said
to have been recently introduced here, for the barrister to stipulate as a con-
dition of his own acceptance of the client's retainer, that the latter shall appoint
in lieu of his own ordinary attorney, to act for him in that matter, one nomi-
nated by the barrister, or one with whom the barrister signifies his desire to
act.
MR. ANSTEY ON THE ETIQUETTE OF THE BAR. 373
4. No gentleman of the Bar, whether upon pretence of being a general re- Ch. XVI § II.
ferec or any other pretence, can intermeddle with the conduct of business in
a solicitor's office. The division of the profession into these two walks is 1856.
for the client a costly one at the best ; and it loses all the advantage for
which it was established, if combinations like these are tolerated , and the
reciprocal control suffered to become a nullity.
5. In any case of immediate and pressing emergency, no doubt, a client
unprovided with an attorney, or otherwise consilii inops, may consult per-
sonally a barrister, or employ him to draw a deed or will, or even hand him a
brief. But these three are the sole exceptions - and they can very rarely occur
in practice, to the common and otherwise inexorable rule which denies to the
barrister all professional intercourse with any client except through the
medium of that client's attorney. *
6. No personal preferences- however well grounded - can entitle any
client or solicitor to insist upon a barrister's waiving in favour of his junior
his right and duty of leading that junior in a cause when both are retained
on the same side ; --neither can the barrister waive his seniority in such a
case, whether the waiver be voluntary or not.
So far as respects himself personally, the Attorney-General wishes to add
that he holds himself quite as much bounden, in Hongkong as in England, by
the code of honour, to which he submitted himself when he was received into
the great confraternity of the English Bar ; and that he is resolved, not even
by his silence, to sanction the deplorable abuses and laxities of discipline,
which have led to his being consulted in the present instance.
(Signed) T. CHISHOLM ANSTEY.
Attorney-General's Office, Hongkong,
23rd February, 1856.
This memorandum was not well received in certain quarters The view
and therefore unfavourably commented upon. The two bar- takenof
memoran-the
risters who addressed the Attorney-General were believed to dum.
have been Mr. Day and Mr. Green ; the one to whom the lax-
ities of practice were attributed was Mr. Bridges, upon whom
the memorandum was looked upon as an attack ; and the fourth ,
who did not join in the remonstrance, was Mr. Kingsmill , in
whose favour Mr. Bridges solicited the support of his clients
during his absence. Anything like a partnership between bar-
rister and attorney or undue influence exercised by the one
over the other, or colluding between them, cannot be too forci-
bly reprehended , and as some such practices were alleged to
have grown up, it was with some satisfaction that it was learnt
that Mr. Austey's attention had been directed to their repres-
sion. Up to 1851 , there was no practising barrister in Hong-
kong, except the Attorney - General . In that year Mr. Bridges
arrived , and, having speedily acquired some insight into local
matters and local law, had the field entirely to himself and that
literally so while acting Attorney - General, during the absence
of the Chief Justice. The circumstances rendered some laxity
of practice almost inevitable, but no circumstances excused such
See per Ld. Campbell in Doc d. Bennett v. Hale and Davis, 14 Jur. 831.
See antè Chap. VII. § II. , p. 301.
374 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XVI § II . abuses as were indicated in Mr. Anstey's memorandum. With
1856. regard to the fifth article, it was explained afterwards that it was
not intended to exclude clients from consulting with their bar-
risters, but that , in all ordinary cases, there must be an attorney
The Chief to retain the barrister and submit the case to him. At all
Justice not
consulted. events it seems strange that those who disagreed with the me-
morandum did not submit it to the Chief Justice, who appa-
rently had not been consulted , and obtain his opinion upon it.
The au-
thority of The authority of barristers to appear in Consular Courts, a
barristers to matter mooted in the Supreme Court as far back as March,
appear in
Consular 1853, * some considerable time afterwards assumed a practical
Courts. form by Messrs. Bridges , Kingsmill, and Green addressing a
memorial to the Earl of Clarendon praying to be permitted to
Messrs. practise in the Consular Courts . It may be added that the
Bridges,
Kingsmill, right became a matter of question on the occasion of an action
and Green
memorialize against Messrs . D. Sassoon , Sons, & Co. , on a returned bill, on
the Earl of which occasion Mr. Alcock, the Consul , refused to allow a bar-
Clarendon.
rister to appear for the defendant although he could not speak
English.
Sir John Her Majesty's Plenipotentiary had previously suggested to
Bowring
suggests the Chief Justice, in order to avoid any collision by action , that
matter be the question ofthe right of barristers to plead in Consular Courts
referred
Home might be referred to the Home authorities, to which the Chief
and the Justice assented. Pending the application, Sir John Bowring
question of
the right further suggested that the claims of the barristers might be
meanwhile suspended . This the Chief Justice refused, and gave an order
suspended .
that counsel should be heard while the matter was under refer-
ence at Home, although at the same time Mr. Hulme offered to
suspend the right claimed for the lawyers, upon an order from
the Plenipotentiary, which that functionary, however , declined
The Chief
Justice's to issue. As may be seen , therefore, the right of counsel to
decision appear in the Consular Courts had ever been stoutly resisted
and offer.
both by Superintendents of Trade and Consuls , and although
the Chief Justice had determined otherwise, that did not satisfy
the Diplomatic Department when, as stated previously, the prac
titioners above mentioned decided upon memorializing the
The right Foreign Office. The following favourable reply was received
recognized some months afterwards : -
by the
Foreign Foreign Office, January 9, 1856.
O.fice.
Gentlemen, -I am directed by the Earl of Clarendon to acknowledge the
receipt of your memorial, urging your claim as barristers practising at the
Hongkong Bar, to be admitted to practise in the Consular Courts, and I am
to state to you in reply that Sir John Bowring has been informed that Her
Majesty's Government have assented to your application.—I am, &c., &c .,
E. HAMMOND.
To Messrs. BRIDGES , KINGSMILL, and GREEN.
* See antè Chap. XIV. § I., p. 332.
COUNSEL IN CONSULAR COURTS . 375
The whole question of the admission of barristers and attor- Ch . XVI § II.
neys in Consular Courts arose from egregious blunders com- 1856 .
mitted by two talented Consuls at Canton. * If the more able The egregious
blunder in
Consuls could err, a great deal more might be expected from refusing
the others, and the authority nowgranted was not unfavourably the right.
commented upon, seeing especially how seldom the services of
counsel would be required in the Consular Courts. Singularly
enough, the first employment the local Bar had in Canton was
at the American Consulate, the American Consul having per- Privileges
mitted two barristers† to appear in the case of Russell, Sturgis , extended
& Co. , and Nye, Brothers , & Co. This was mentioned as a sin- English
to the and
gular instance of liberality, but it may be mentioned that the American
same privilege was afterwards extended to the American Bar other'sBar by each
by Chief Justice Sir Edmund Hornby when opening the new Consulates.
Court in Shanghai in September, 1865 .
This was also believed to be the first time that an English First time
Crown lawyer had been permitted to appear in an American an English
Crown
Court of Justice since the Declaration of Independence in 1776. lawyer
Mr. Anstey, however, was only an English Crown lawyer with- permitted
to appear
in the bounds of the Colony of Hongkong, and therefore in an
American
merely appeared as a simple barrister, nor was it a new thing Court of
for English lawyers to practise in American Courts of Justice, Justice
since
as Mr. G. Cooper Turner, the solicitor with Mr. Anstey, was Declaration
of Inde-
on the rolls of the Court in California.§
pendence.
The Chief Justice was so far recovered as to be able to pre- Recovery
side at the Criminal Sessions which commenced on the 28th of the Chief
Justice.
February and concluded on the 3rd March. Twelve o'clock He presides
being the hour fixed for the opening of the Court, a considerable at the
February
number of the community came to welcome the return of Mr. Sessions.
Hulme to the Bench after his long illness, but His Lordship did The com-
munity
not appear for upwards of an hour after the appointed time ; welcome
this happened on the first two days of the Sessions , and many his
the return
Bench.to
went away before the business commenced . This was not the No Chinese
fault ofthe Chief Justice, however, for he was waiting in his Cham- Interpreter
present
bers until advised that interpreters had been provided , which was until late
not done till ten minutes past one o'clock. Mr. Anstey appear in the
afternoon.
ed for the first time as Attorney-General. The local opinions
of the time agree that he conducted the prosecution with much Mr. Anstey's
ability and with more fairness and leniency towards the pri- first ap-
soners than they had been accustomed to, but in one instance pearance
Attorney-as
he was considered far from lenient when he succeeded in urging General.
As to Mr. Elmslie, see antè Chap. XIV. §I., p. 332.
† Mr. Kingsmill, counsel, with Mr. Henry J. Tarrant, solicitor, for plaintiffs ; the
Honourable Mr. Anstey, Attorney-General of Hongkong, counsel for defendants ' trustees
and creditors, with Mr. G. Cooper Turner as solicitor.
See Vol . II., Chap. XLII.
See antè Chap. XV. , p. 350.
376 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch . XVI § II . the Court to commit two Chinese witnesses for perjury. The
1856 . calendar was a heavy one, both as regards the number and
Two Chinese nature of the crimes committed , in one case eight men and in
witnesses
committed another two being sentenced to death. The first case was that
for perjury. of Tsung Achew and seven other Chinese for murder and bur
Heavy
calendar. glary at a silversmith's shop on the night of the 1st January at
Large East Point when a gang of armed burglars attacked the pre-
number
sentenced mises, killing one sepoy and wounding another, both in the
to death. employ of Messrs. Jardine, Matheson, & Co. , and who had gone
to the assistance of the inmates of the shop . The eighth pri
soner was discharged from the dock, not having been identified ,
and the jury returned a verdict of guilty against the remaining
seven, recommending one of them to mercy and against whom
sentence of death was recorded , the others being sentenced to
Doubts as to death. Grave doubts having been raised afterwards as to the
guilt of some.
guilt of some of the prisoners, a searching investigation took
place on the 22nd March, and on the 26th a proclamation
Commuta- appeared commuting the sentence of death against six to trans-
tion of
sentences. portation for life and granting a free pardon to the seventh.
This robbery, taken in connexion with another as serious , seem-
ed to have alarmed the authorities somewhat, for a considerable
Increase of increase to the Police Force was immediately ordered . In the
Police Force. other case, the two men sentenced to death for murder, Shun
Execution
of Shun Ah Muen and Lee Ah Foo, were executed within the precincts
Ah Muen
and Lee of the Magistracy compound on the morning of the 29th March.
Ah Foo.
A tremendous fire broke out in the business portion of the
Disgraceful
conduct of town on the 23rd February, eighty houses, ofthe estimated value
the Police
at an of $ 100,000 , being destroyed, and seven men losing their lives.
extensive The conduct of the Police during the fire was deplorable, the
fire in the
town. iniquities brought to light justifying the conviction that no
Police at all would have been preferable to the existing Force.
Thefts by
Indian The Chinese complained bitterly of the thefts by the Indian
Police. Police -contents of tills being removed while occupants were
engaged removing the contents of their shops . Nor was the
Spoliation
by European spoliation confined to the Indian part of the Force-the Euro-
and Ameri-
can element pean and American element in it also coming in for public
in the Force. criticism.
Mr. Anstey On the 4th March Mr. Anstey was gazetted a Justice of the
gazetted a
Justice of Peace, and on the 5th an important Ordinance, dealing with
the Peace. Chinese Wills ( No. 4 of 1856 ) , was passed by the Legislature,
and soon after, through the exertions of the Attorney - General,
Ordinances
Nos. 5, 6, three new important enactments became law ; these were
and 7 of Ordinances Nos . 5 , 6 , and 7 of 1856 , relating to Common Law,
1856.
Criminal, and Chancery Procedure, all passed on the 17th
March, 1856.
LAW RELATING TO REAL PROPERTY IN CHINA. 377
A question having arisen as to the law by which contracts Ch . XVI § II.
entered into with Her Majesty's subjects on Chinese territory 1856.
by Chinese subjects for the cession of property in China should Law relating
to contracts
be regulated , and Mr. Bridges , when acting Attorney -General, with British
having advised " that the Chinese were to be considered as be- subjects
Chinese on
yond the pale of civilized nations, and that therefore such con- territory by
tracts were to be regulated by the law of England, " the matter Chinese
subjects for
was referred to the Home Government, and by Lord Clarendon cession of
to the law officers of the Crown, namely, Sir A. J. E. Cockburn , property
China. in
Attorney- General, and Sir Richard Bethell, Solicitor- General . Opinion of
Mr. Bridges
Their opinion was as follows : - that the
"We are of opinion that British Tribunals and Judicial Authorities in Chinese are
China are bound to observe the rules and principles of Public or International beyond the
pale of
Law, as they are settled and received by the common consent of European civilized
natious. nations
We do not concur in the conclusion of the acting Attorney-General, that repudiated
by Home
the Chinese are to be considered as beyond the pale of civilized nations. Government.
In all questions that may come before any British Tribunal in China The opinion
relating to the ownership or occupation of houses or lands, lying within the of the law
dominions of the Emperor of China, the law and custom of China, if they officers of
the Crown,
can be ascertained , must govern the decision, unless by the terms of the con-
tract the law or usage of some other country be imported into it ; and if in
any such case the Chinese Law cannot be ascertained , the decision must be
governed by the principles of natural justice. There is no pretence for the
introduction of the English Law of real property.
It is an universal principle of Law in Europe, that in all questions re-
specting immoveable property, the ' lex loci rei sita ' prevails ; and we think it
both right and useful that the same rule should be acted on in the adminis-
tration of Justice in China."
Some months back, a Commission had been issued by the Gov- Commission
ernor to certain officials to inquire into the system under which to inquire
into constitu.
the Police Force at Hongkong was constituted and governed . At tion of Police
Force.
the time some witnesses were examined , but, owing probably to
the expected arrival of Mr. Anstey and the contemplated depar-
ture of Mr. Bridges, the acting Attorney- General, who was on
the Commission , the proceedings were dropped, and on the 20th
March the Governor re-appointed a Commission , the names of
the Commissioners , however, being left out in the notification .
At the same time Sir John Bowring inspected the Force at the Inspection
of Police
Government Offices, there being present twenty-six European, Force by Sir
one hundred and seventy-three Indian, and nineteen Chinese out John
Bowring.
ofa total of two hundred and thirty-nine men. His Excellency
expressed himself much pleased with the appearance of the men,
but the wish was expressed that he had had cause to be equally
pleased with the performance oftheir proper duties . The reverse
of this was said to be the case.
Lately there had been numerous desertions from the ranks of Numerous
the 59th Regiment. It being suspected that a number of deser- desertions
* See antè p. 361,
378 HISTORY OF THE LAWS, ETC. , OF HONGKONG.
Ch. XVIII. ters were secreted on board the American whaler Canton Packet,
---
1856. Inspector Jarman with a party of Police proceeded on board
from the 59th that vessel on the evening of the 27th March, when nine were
Regiment.
Nine found ferreted out of their hiding places . These were so cunningly
on board an designed and well concealed that it required the scaldings of boil-
American
whaler. ing water and pricks from sharp swords before the renegades
were compelled to unearth themselves . *
Mr. Hillier, From time to time charges of gross carelessness in his magis-
Chief
Magistrate. terial capacity had been laid at the door of Mr. Hillier , the Chief
Magistrate. On Monday, the 31st March, at the Criminal Ses-
Charges sions, this carelessness was prominently brought to the notice of
of gross
carelessness . the Court by the Attorney - General, who, in Mr. Hillier's presence,
How Mr. stigmatized certain depositions under his hand as " the most
Anstey
characterized slovenly and careless depositions he had ever seen. " The case
the deposi which brought this most prominently forward was a charge of
tions taken
by Mr. burglary against two Americans named Forest and Wise, and an
Hillier.
Englishman named Oliver, and a Chinese named Ayow, the first
Regina r. two being Police Constables. On being cross - examined , it came
Forest, Wise,
Oliver, and out that none of the witnesses positively identified the prisoners
Ayow.
at the Police Court. The principal witness , who swore positively
as to the identity in the Supreme Court, said that at the Magis-
trate's Court she swore she could not identify the prisoners . The
Attorney-General to the Court : " This is rather important
evidence, but none of it appears in the depositions taken before
the Magistrate's Court " ! Mr. Anstey then proceeded to charac-
terize the depositions in the terms stated above. The Court
The Chief thought it was very material that the evidence as to identity
Justice
directs Mr. should have appeared, and directed that the Chief Magistrate
Hillier to be should be sent for to explain the depositions . On Mr. Hillier's
sent for. arrival he was sworn . All the explanation he could give was,
that he had taken most particular care in taking these very
Extraor depositions ; that he had taken down everything that he thought
dinary scene
the relevant. Then arose the following extraordinary conversation,
Court. which is taken from the records of the time, between the Court,
Hillier, Mr. Hillier, and the Attorney- General : ---
Mr. the
and
Attorney-
General.
The Chief Justice- (staring with surprise at Mr. Hillier) .- Do you not
think it a relevant matter as to whether the prisoners were identified or not ?
Mr. Hillier.-I take down everything positive. I always ask if the
prisoners are identified , and if they are I put it down.
The Attorney- General. -Do you not think it necessary to take evidence
in favour of, as well as against, the prisoner ?
Mr. Hillier. -My duty is to take down positive and relevant evidence
in support of the charge. I do not remember whether the question was put
as to identity, but if the prisoners had been identified I would have taken it
* On this subject, see also antè Chap. XIII. § I., p. 323.
MR . HILLIER IS TAKEN TO TASK BY MR. ANSTEY. 379
down, and can only say that I took great pains in taking down the evidence Ch . XVI § II.
in this case.
1856.
[ The Chief Justice here leaned back in his chair in a state of profound
astonishment at Mr. Hillier's ideas of evidence. ]
Mr. Hillier-believing that he had fully satisfied the Court, then pro-
ceeded -- My Lord , I am informed that the Attorney-General has been
maligning me behind my back, and I now wish him to say to my face what
he then said.
The Attorney- General.--I have no hesitation in repeating what I said,
that the depositions are the most slovenly and careless depositions that I ever
saw.
Mr. Hillier.--Will the Attorney-General point out where they are
slovenly and careless ?
The Attorney- General.--I am not here to answer the questions of the
witness, but I do not mind telling the Chief Magistrate that I have just been
examining him upon some of the faults of which I complain in the deposi-
tions. Mr. Hillier
claims the
Mr. Hillier. - My Lord, I think it very unfair that a public servant in protection of
my position should be maligned behind his back, and I should feel much the Court
obliged if you would restrain Mr. Anstey from using the uncalled-for censure against Mr.
which he unsparingly uses against every person. Anstey.
In addition to the above, Mr. Anstey complained that the The Magis.
Magistrate and Coroner thought it merely necessary to write the Coroner
down " that one witness corroborated the other "- instead of merely
thought it
taking the evidence of each in full. After Mr. Hillier had with- ne
necessary
drawn, the case under consideration was proceeded with , and in to write
down " that
the end, being found unanimously guilty, Wise and Oliver were one witness
sentenced to ten years', while Forest and the Chinaman Ayow corroborated
the other."
received seven years ' , imprisonment with hard labour. Wise Conviction
and Forest were, as stated, Americans, and on the 10th and 24th of Forest and
November, 1858 , they both received a free pardon on conditioners for
burglary.
that they did not return to the Colony.
Mr. Hillier apparently had determined to gain public notoriety, Mr. Hillier's
re-appear
for, not satisfied with what had already taken place in open ce in
Court the day before in connexion with his capacity for discharg- Court.
ing magisterial duties, on the 2nd April, the last day of the His demand
Sessions, he again made his appearance in Court and repeated " for restrain-
his demand " for restraining the Attorney- General," adding at ing the
Attorney-
the same time that he had addressed the Colonial Secretary on General,“
repeated .
the subject, and concluding " If Your Lordship will give ine a He asks
memorandum of what evidence I ought to take down. I shall the Chief
attend to it ." This alone showed how ill-fitted Mr. Hillier was Justice
for a memo
for his position. The Chief Justice, astonished at the request randum
as to what
for a memorandum, said nothing. With regard to restraining evidence
the Attorney- General, His Lordship said that, as Mr. Hillier had he is to tak
down,
addressed the Colonial Secretary, the matter was taken out of The Chief
the hands of the Court. The Attorney - General called the atten- Justice's
380 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. XVI § II. tion of the Court to the very depositions in connexion with the
1856. case in which he was then engaged and on which a scene of
demeanour crimination and recrimination arose between him and the Chief
and reply.
Magistrate, the Attorney-General insisting, in his capacity as
grand jury, that the Magistrates had no right to decide what was
The jury and or was not corroborative evidence. In the course of the squab-
others as
spectators ble, during which , needless to say, the jury and all the rest in
during the Court were spectators , appreciating it or otherwise , the real
scene of
crimination value of depositions being taken in extenso came out incidentally,
and incrimi- viz . , that if the witnesses were dead, or absent, the words-
nation.
" this witness corroborates previous witness," would not be of
The real much use to be read at the trial. The Attorney - General also
value of
pointed out that the Coroner, Mr. Mitchell, who was then also
depositions
taken in present in Court, had said that when he put down these words,
extenso
disclosed . he did not ask the witness to sign them. Mr. Anstey further
stated that he had given the Chief Magistrate some hints at the
time which were gratefully received , but now were treated as of
no value. This Mr. Hillier denied , affirming that the memoran-
dum to which Mr. Anstey had referred had reference only to a
case then before the Coroner.
Mr. Mitchell Mr. Mitchell here stated that it was his intention to continue
admonished
by the Chief the practice condemned by Mr. Anstey. An admonition from
Justice. His Lordship, however, instantly set him right.
Discussion After further discussion as to the nature ofthe testimony to be
as to the
nature of taken down by the Magistrates, in which Mr. Day took part,
entirely agreeing with the Attorney- General, the Chief Justice
Chief
Justice says said , no doubt, the Attorney - General would draw up a memo-
Attorney- randum for the guidance of the Magistrates. The Attorney-
General
will draw General said it was not a very creditable state of affairs when
up a memo the Magistrates did not know what evidence they ought to take
randum for
guidance down , thought it not material if witnesses identified prisoners
of the or not, and above all wanted a memorandum to show them what
Magistrates , evidence they were to take down.
Mr. Anstey
on the
not very Mr. Hillier then replied " If the Government are not satis
creditable
state of fied with the way in which I discharge my duties , let them get
affairs ' as some one else to do them." In this the Attorney-General said
to the
Magistrates. he concurred, and thought it was high time, and so probably,
Further as was remarked locally, would most people have done, if it had
fencing been possible to give the position to a regularly educated
between
Mr. Hillier lawyer, but as that for the moment seemed doubtful, a great
and Mr.
Anstey. deal of fencing in public between the Attorney- General and
the Chief Magistrate might have been spared.
Criminal Some of the cases tried at this Sessions were of the worst
Cases of
the worst description as regards the Police Force especially. In another
INTERPRETATION AT CRIMINAL SESSIONS . 381
case different from the above, two Indian Police Constables for Ch. XVI § II.
extortion were found guilty and sentenced to two years ' impri- 1856.
sonment. George Brady, another Police Constable, charged description
against
with robbery with violence, was acquitted on the ground of in- the Police.
sufficient identification. In another case against the Police , Conviction
Constable Carvalho was sentenced to six months ' imprisonment of Indian
Police for
with hard labour , for attempted extortion of money from Chi- extortion.
nese emigrants . P.C. Brady
charged with
robbery.
Police reformation was the crying want, and a worse Force Case against
P.C. Car
than that of Hongkong then was not conceivable. valho for
attempted
The Court occasionally had not unwillingly lent a favourable extortion.
Police
ear to prisoners whenever they applied for the assistance reformation
the crying
ofcounsel to defend them before the Criminal Sessions, and at want.
the present Sessions William Kelly, charged with stabbing Prisoners
with intent, begged the Court to allow him counsel . Mr. and the
assistance
Kingsmill, on a hint from the Chief Justice, tendered his services, of counsel.
as did likewise Mr. Cooper Turner, as attorney. Messrs.
Kingsmill
and Cooper
The interpretation at this Sessions was also very bad and Turner
was the cause of the Sessions coming abruptly to an end, one in
appointed
Court
Chinese prisoner remaining untried at the request of the jury to defend a
European
on the ground of want of a proper interpreter. The Attorney- prisoner.
General said he gladly acquiesced in the recommendation of the Interpreta-
jury-he had repeatedly throughout the Sessions expressed his tion again .
Criminal
opinion of the interpretation. † The Chief Justice told the Jury Sens
he had written to the Governor on the subject, and had recom- end abruptly
owing to
mended that Mr. Caldwell should be re- engaged . Thus ended the want
of an
this extraordinary Sessions.
interpreter.
Mr. Anstey's
On the 2nd April, Mr. Robert Goodings , the Gaoler, died . opinion
of
He had for upwards of twenty years been the servant of the othe interpreta
Home and local Governments in various capacities . On the tion."
4th of the same month the death took place at Larkbear, Exeter, The Chief
of Mr. Charles Bowring, the father of Sir John Bowring. says he
has recom-
mended the
The sweeping changes introduced by the recent Ordinances re-employ
ment of
affecting the procedure of the Courts without the lawyers having Mr. Caldwell.
in any way been consulted beforehand by the Attorney- General, Death of
as was to be expected , proved more than unpalatable to the the Goodings,
gaoler,
legal profession, and the attorneys of the Court accordingly
memorialized the ChiefJustice requesting him to obtain from the
On this subject see antè Chap. XIII . § I., pp. 325, 326, and references there given.
On the question of interpretation, see ante Chap. XI., p. 223 ; Chap. XII . § I., p.
294; Chap.there
references § I., .p. 327 ; Chap. XV. , p. 349 , and antè pp. 361, 362, 371 , and other
XIII.given
Ante p. 361 and reference there given.
§ Antè P. 376.
382 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XVI § II. Legislative Council a suspension of the Ordinances Nos . 5 and 7
1856. of 1856 , in order that they might obtain the necessary books of
The attor- practice and Acts of Parliament. This memorial the Chief
neys of
the Court Justice considered reasonable, and recommended it to the Council,
memorialize in which recommendation he was supported by the Honourable
the Chief
Justice for a Mr. Edger. The reply, however , was that, by the advice of
suspension the Attorney- General , the Governor declined granting the time
of Ordi-
nances Nos. 5 required by the attorneys to make themselves acquainted by the
and 7 of 1856. law." The worst part of this refusal, however, lay in the fact
They wish
to obtain the that both the members of Council had only consented to the
necessary Ordinances coming into force on the assurance of the Attorney-
books of
practice and General that the attorneys were all prepared. The application
Acts of of the attorneys gave an emphatic and formal denial to the
Parliament.
The Gov- assertion of the Attorney- General, who said that it was by the
ernor's request of the attorneys that the thing was passed through,
refusal.
naming one in particular. To this the attorneys gave another
emphatic denial , and would have embodied the same in a letter
to the Chief Justice had not the Governor been so very sharp
in his decision , which, after all, might not have been looked upon
as a very valid one as it had been given without the full consent
Improper of the Legislative Council. At all events it was improper, in
conduct
of Mr. the highest degree, that the Attorney- General should have
Anstey as opposed himself to the head of the Court who had to administer
regards
the Chief the laws, and who was responsible for their corrrect administra-
Justice in
tion, while the Attorney- General was not, and when that head
the matter. expressed his opinion in favour of the unanimous and reason-
able request of all the members of the lower branch of the
profession .
Sir John Sir John Bowring would have showed more sense had he
Bowring taken the advice of the Chief Justice rather than that of one
criticized.
new to the Colony and who, during his short residence, had
already shown but little discretion .
The at-
In consequence of the shabby treatment they had received, the
torneys
hold a
attorneys held a meeting on Friday afternoon , the 16th May,
meeting to
procure that when it was resolved to memorialize the Government that, in the
Ordinances
event of any Ordinance affecting them being brought before the
affecting
them be Legislative Council in future, it be published for their, and
published
future in general information , before it was passed . *
before being
passed. The April Criminal Sessions were ended in less than two days
April with only one remanet . The interpreters are said to have dis-
Criminal
Sessions. charged their novel functions with ability and fairness , and the
depositions appeared to have been taken down by the Magis-
trates with greater care.
Upon the subject of hasty legislation in regard to the introduction of Acts of
Parliament into the Colony, and the Secretary of State's views upon the matter, see Chaps,
XXIV. and XXV. , infrà.
THE PROMOTION OF MR . HILLIER. 383
In consequence of the resignation by Mr. Robert Dundas Cay, ch. XVI § II.
who had now been on leave for some considerable time, * of his 1856.
office of Registrar of the Supreme Court, on the 29th April Resignation
of the
it was notified that, under instructions from the Secretary of Registrar-
State for the Colonies , Mr. Alexander † had been appointed ship by
Mr. Cay .
Registrar , and that Mr. Masson would act as Deputy Registrar Appointment
pending the pleasure of Her Majesty's Government, he being of Mr.
eventually confirmed in the appointment by Notification of the Alexander
Registrar. as
30th September . The exact reason for Mr. Cay's resignation Mr. N. R.
of his appointment was never known . § It may be recollected Masson,Deputy
that he first arrived in the Colony with the other judicial author- Registrar.
ities in May, 1844. ||
At the end of April , the news reached Hongkong that Mr. Mr. Hillier
appointed
Hillier, the Chief Magistrate, had been appointed Her Majesty's Her
Consul at Siam . This was the first appointment of the kind in jesty's
Consul at
that country and must be looked upon as the outcome of Sir Siam.
John Bowring's visit to Siam early last year. The Colony
lost in him, if not the brightest, certainly one of the most honest,
conscientious, and straightforward of its servants . He left with His depar-
his wife on the 10th May, by the P. & O. Steamer Singapore, for ture.
Bangkok via Singapore, to take up his appointment, and consi-
dering his long and honourable career in this Colony, it is not His long an
considered out of place to reproduce in extenso what was said honourable
career in
of him at the time by the leading exponent of public opinion in the Colony.
Hongkong, and which fairly represents one's reading of the past
in reference to this gentleman . The extract also shows the fare-
well which he, as a popular officer , received on his departure The farewell
given him
from the Colony :-
as a popular
officer.
" An independent, painstaking, and conscientious official is so great a
rarity, that the departure of such an one from a limited community like that
of Hongkong is severely felt. Mr. Hillier, in whose uprightness and
integrity as Chief Magistrate, both natives and foreigners reposed almost
unlimited confidence, the Chinese especially, have lost a warm and stead-
fast friend. Of this they seem to have been aware, by the tokens of
respect they showed him at his departure. A large procession was formed
at the temple near Taipingshan, which proceeded to Mr. Hillier's residence ,
accompanied by music and bearing two splendid sedan chairs, such as are used
in religious processions for the gods, -one chair containing a basin of water,
the other a looking-glass, implying that his character was pure as water
and unstained as glass. An address was also presented to Mr. Hillier by the
Chinese, and a gilt tablet bearing testimony of their respect and good-will.
The procession afterwards proceeded through the city, notifying to the Chi-
nese population their irreparable loss .
* See antè Chap. XIV. § I., p. 332, and Chap. XV., p. 353.
+ See antè Chap. XIV. § I., p . 332, and reference there given.
Antè Chap. XV., p. 354.
" Mr. R. D. Cay, the first Registrar of the Court, was a Scotchman with a large
family, which is about all we know of him, nor can we tell why he threw up such an
excellent appointment." The Early History of Hongkong. —W, TARRANT, p. 87.
Ante Chap. II., p . 47 .
Antè p. 358.
384 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XVI § II. But to the foreign community as well, the loss is very great, and will be
the more felt from the difficulty likely to be experienced in filling his place.
1856.
A barrister may be procured , who will dispense to the Chinese more law , but
we are not likely to have a Magistrate from whom they will receive as much
justice. Mr. Hillier's intimate knowledge of the Chinese language and of
Chinese customs enabled him to keep down abuses, and elicit truth where one
ignorant of the language would wholly fail. Alas, now for the poor Chinese
under the mysticisms of the law, and in the hands of unprincipled interpre-
ters ! Already is Mr. Hillier's absence from the Bench seriously felt."
His death
not long But Mr. Hillier's good fortune was not for long. With deep
after. regret the announcement was received in Hongkong, on the 18th
November, that Mr. Hillier had died of dysentery on the 14th
October on board the American ship Don Quixote, to which he had
been conveyed for treatment, accompanied by Mrs. Hillier, and
Public the surgeon of the surveying schooner Saracen . Public opinion
opinion of
Mr. Hillier in in Hongkong agreed that, for uprightness and integrity of charac-
Hongkong. ter, few men in the Colony could have been compared to him.
During the short time that he was in Bangkok he had made
himself much liked , rumour had spoken warmly of the benefits
accruing to foreigners from Mr. Hillier's exertions and influence
His funeral with the Siamese, and his death was much regretted there . His
in Bangkok. funeral was attended by the heir apparent as well as by the
King's youngest brother. The Saracen fired minute guns.
The procession of boats extended nearly a mile three abreast. *
Changes on After Mr. Hillier had left Hongkong to assume the duties ofthe
Mr. Hillier's
departure Consulship in Siam, Mr. W. H. Mitchell, the Assistant Magis-
for Bangkok. trate, Sheriff, and Marshal of the Vice- Admiralty Court, was
gazetted acting Chief Magistrate, Mr. Charles May acting in
lieu of Mr. Mitchell, and Mr. Grand- Pré as acting Superintendent
of Police under Mr. May's occasional supervision . The duties
of Coroner were performed by Mr. May, and the gaol inquests
were held by Mr. Mitchell .
Mr. H. T. These appointments , however, all came to an end in Novem
Davies
appointed ber, on the arrival of Mr. Henry Tudor Davies, barrister -at-law,
Chief Ma-
gistrate of who had been appointed Chief Magistrate in succession to
Hongkong. Mr. Hillier.
* A local paper of the time alluding to Mr. Hillier has the following in reference to
his meritorious career in Hongkong-" Mr. Hillier came first to China in some subordinate
capacity on board a merchant ship. from which, still in his teens, he was taken into the
establishment of Fergusson, Leighton, & Co. That firm failed in 1812, and in the same
year he was appointed Clerk in the Police Court. Close application to the study ofthe
Chinese language, and excellent ability at performing the will of his Chief (the present
Lieutenant-Governor Caine, then Chief Magistrate) procured himsteady promotion - Clerk
of Court ; Assistant Magistrate ; Sheriff ; Coroner ; Chief Magistrate ; member of the
Legislative Council ; member of Schools Committee : Emigration Commissioner, etc , all in
turn have fallen to Mr. Hillier's lot. " In addition to the foregoing it may be noted that
Mr. Hillier was married, on the 28th May, 1846, to Eliza Mary, daughter of the Reverend
Walter H. Medhurst, D.D., of the London Missionary Society at Shanghai. His wife, at his
death, was allowed a pension from the Civil List of £50 a year.
* See anté Chap. VII., p. 147, note.
A DISGRACEFUL EXECUTION . 385
Rear- Admiral of the White, Sir Michael Seymour, K.C.B. , Ch. XVI § II .
appointed to command the naval forces in China, in succession 1856 .
to Admiral Sterling ( Admiral of the Red ) arrived in Hongkong Admiral
Seymour
in H.M.S. Encounter on the 6th May, 1856, and at once shifted appointed
Naval
his flag to the Winchester, pending the arrival of the Calcutta. Commander-
in-Chief rice
It had been incorrectly stated that Admiral Sir James Ster- Sterling.
ling, who had left Hongkong for England in February, had
been recalled at his own solicitation . Mr. Ross D. Mangles,
in a letter to The Times, stated that Sir James Sterling had not
been recalled, but had resigned , " a course he had for some
time contemplated in consequence of ill -health. " With reference
to Sir Michael Seymour, it may be noted that he had been
second in command of the Baltic Fleet in 1855 , when he lost
an eye by the explosion of a Russian infernal machine on board
the Exmouth and for which he was afterwards granted the usual
service pension . In September, 1856 , he was further gazetted
a Rear-Admiral of the Red.
On the 8th May it was notified that the Governor had au- Mr. Anstey
thorized Mr. Anstey, the Attorney- General, to institute an holds an
inquiry
inquiry into the subject of the expenses of civil procedure and respecti
respecting
practice generally, including office fees , fees of counsel, and expenses
of civil
attorney's costs . Officers in the service of the Government procedure
were directed to assist the Attorney - General in his investiga- andetc. practice,
tions, and all persons interested were invited to supply such in- Passing of
formation as was in their power. The upshot of this , no doubt , No.
Ordinance
14 of
was the passing, on the 31st July, of Ordinance No. 14 of 1856 1856 as
the result.
(relating to Fees and Costs ) .
On the 10th May, Lieutenant- Colonel Hope Graham,† officer Departure of
Lieutenant-
commanding the troops and a member of the Executive Council, Colonel
left for England on leave , being succeeded for the time being Graham.
Lieutenant
by Lieutenant- Colonel Franklin Dunlop until the 30th April, lonel
1857 , when he resumed command and his seat in the Executive Dunlop acts
and is made
Council. a member
of the
On Monday morning, the 19th May, the extreme penalty of Council.
Executive
the law was carried out on the person of a Malay named Sama- Execution of
rang, who, at an extra Sessions held on the 3rd May, had been samarang
for murder.
found guilty of the murder of a Chinese girl on the morning
of the 30th March, on board of a receiving-vessel at Swatow.
The gallows for this intended victim of the criminal law had execution.
Place of
apparently been erected some days before the execution , near
the north- east corner of the Magistracy compound . The exe-
cution was conducted in a most shameful manner, the unfor
See antè Chap. XIV. § II , p. 312.
† antè p. 359.
386 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. XVI § II. tunate man , after having the rope adjusted , being obliged to
1856, wait whilst efforts were twice in vain made to knock out the
bolt, which was only finally performed after the poor wretch
had been taken off the gallows and sent to the guard- house,
whilst some of the gaol people got the bolt into working order.
Samarang's
cruel and Such a cruel and disgusting exhibition , the result of apathetic
disgusting indifference towards the sufferings of the wretched prisoner,
execution. and at which humanity might well have shuddered , was by no
means unprecedented in the annals of Hongkong. But, as
usual, no one was held to blame.
Previous
execution Prior to this execution , a piece of ground lying immediately
spot. above the old Naval Stores had been used as a place for execu-
The
aftergallows
execu- tions, but it having become too valuable to be used any longer
tions remain for such a purpose, it was sold by the Government and now
exposed to
public view. the place, previously mentioned , had become the " Tyburn "
of Hongkong.
A protest. There was nothing to be said against the site thus fixed upon
by the authorities, but public opinion demanded, on behalf of
the ladies and children who it seems at this period made Caine
Road a promenade, that at least a screen should be thrown up
to hide from their eyes so disgusting and abhorrent a sight as
the "gallows tree."
Ordinance
No. 10 of An important Ordinance passed on the 29th May, was No.
1856. 10 referring to " Lis Pendens and Purchasers .
Lis Pendens
and Purcha- The principal matter of interest during this month was a
sers.
well authenticated rumour that Mr. Anstey, the Attorney-
Mr. Anstey
slanders General, had grossly and malignantly slandered the Chief Jus
the Chief
Justice. tice by remarking, at a dinner at Government House, that the
He charges Chief Justice had exceeded the bounds of temperance . This was
the Chief repeated to Mr. Hulme, who immediately called on Mr. Anstey
Justice
with having to retract his remark. The profound respect and esteem which
exceeded
the bounds of was
of felt
the for thehaving
charge intended victim
been mostofclearly
the calumny, and established,
and fully the falsehood
a
temperance.
Sympathetic letter of sympathy and indignant protest against the calumny,
and indig-
nant protest signed by almost, if not quite, every foreign resident unconnect-
by the ed with the Government, was without delay presented to the
community Chief Justice, as well as another letter from the members of the
and the legal
profession. legal profession . Mr. Anstey, instead of, like a gentleman (after
Mr. Anstey the evidence which had been adduced in favour of Mr. Hulme,
repeats
the charge. against the base assertion brought to his door ) apologizing for
The Se-
his mistake, on the contrary repeated the charge in most offen-
cretary
of State sive language. As will be seen the Secretary of State, to
takes a
different whom the matter was referred for decision , took quite a
view. different view of the facts, and Mr. Anstey now only got his
SIR JOHN BOWRING IN THE JOURNAL OF T. RAIKES, ESQ. 387
deserts . The following is an extract from the Secretary of ch. XVI § H.
State's despatch upon the subject, dated the 28th August , 1856.
1856 :- The des-
patch.
" Mr. Anstey avails himself of it " [ the appeal to the Secretary of State]
" not by expressing his willingness to make the apology which the evidence
brought forward on behalf of the Chief Justice seemed to render proper, nor
even by simply declining to give that apology, but by a letter, in which he
repeats the charge in what I must term very virulent and offensive language,
calculated, as far as in him lay, to degrade and vilify his superior func-
tionary ; and Mr. Anstey himself repudiates the excuse that he had only
used ordinary freedom in remarking on the Judge's demeanour on some private
convivial occasion, by distinctly stating that the occasion was public, one of
high official ceremony.' Mr. Anstey stands, therefore, in the position of an
officer who has made a charge of serious official misconduct against another
superior in position to himself, and refuses to retract or to apologize for it,
although his charge is rebutted by strong evidence, and supported, as far as
the papers before me show, by none ......
My decision on the matter referred to me by both parties as well as yourself
is, that Mr. Anstey owes a public expression of regret to the Chief Justice
for the language which he has used respecting him ; if he refuses to tender
it, I am reluctantly compelled to add, that your duty will be to summon him
before the Executive Council, to suspend him from his office, unless some
new ground of justification , which I cannot anticipate, is advanced , and
to report the proceedings fully to Her Majesty's Government, with any
statement which Mr. Anstey may think .fit to make for their ultimate decision
thereupon ."
Needless to say that after such a severe reprimand as that Mr. Anstey
afterwards
contained in the foregoing despatch, Mr. Anstey made public makes
reparation to the Chief Justice which avoided the necessity of public
reparation
his being suspended from office, but the people of Hongkong to the Chief
had already been able to judge sufficiently of Mr. Anstey to Justice.
form an opinion of him, and the hope was now fervently expressed Indignation
which Mr.
that the indignation which his conduct had aroused would prove Anstey's
a lesson to him, and that, for the well-being and comfort of the conduct
aroused.
Colony, he would soon be removed to some more congenial spot.
A local paper, while reproducing the following extract taken Character
from The Journal of T. Raikes, Esq. , Vol. I. , p . 243 , in refer- of Sir John
Bowring
ence to Sir John Bowring, the Governor, whose age alone had from ' The
Journal of
now begun to disqualify him for the onerous and important T. Raikes,
position which he held, quite apart from his unpopularity, which Esquire ."
was already fully evident, added as a prefix to the document the
following words : -- " The following is the character given of Sir
John Bowring twenty years ago. There are few people who
have had anything to do with His Excellency who will not agree
that the likeness is a wonderful one
" The French Government has made some slight concessions as to the
duties on a few articles imported from England, rather to meet the clamour
See Hongkong Register, 3rd June, 1856, p. 99.
388 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. XVI § II. of the nation on these points, than to promote any new commercial inter-
1856. course between the countries . They are in fact unimportant, but Dr. Bow-
ring, delighted , after three years' ineffectual pressing and supplication here, to
have obtained even this slight relaxation, is gone over to London with the
proposal. Of all men, high or low, that I ever met in society, this Dr. Bow-
ring is the most presuming and the most conceited . He is a fit charlatan,
for Whig employment ; pushing and overbearing in his manner, and , like other
parvenus, assuming an official importance which is highly ridiculous . Some
years ago, he was arrested by the French Government at Boulogne and his
papers seized . Irritated at this embarrassment, he wrote a most violent letter
to the police in Paris , in which , after bitterly complaining of this infraction of
the Law of Nations, he concluded by saying, that the Bourbons had com-
mitted an act on his person which might hurl them from their throne.”
Mr. Anstey The London Gazette of the 10th June, announced that Mr.
confirmed
as a member Anstey had been appointed a member ofthe Legislative Council ,
of the and on the 26th August he was gazetted locally as having been
Legislative
Council. duly confirmed to the seat to which he had previously been
appointed . From this date the Attorney - General has had a seat
in the Legislative Council .
Ordinance On the 21st June, Ordinance No. 13 of 1856 " for the admis
No. 13 of
1856 . sion of candidates to the rolls of practitioners in the Supreme
Court, and for the taxation of costs was duly passed . Under
section 7 , " no person bonâ fide domiciled within the Colony,
and who complied with the provisions of the Ordinance , was dis-
qualified from obtaining such admission as aforesaid merely by
reason of alienage, or that he is by birth a Chinaman, "
Owing to the dearth of interpreters, Government recently ob-
Yung
an Awing, tained temporarily the services of one Yung Awing, an articled
articled
clerk to clerk to Mr. Ambrose Parsons , the solicitor, as Chinese interpreter
Mr. Parsons, to the Supreme Court. This was strongly objected to because
objected
to as an apparently this articled clerk still remained in the service of
interpreter
of the Court, Mr. Parsons , and though serving in the Supreme Court was still
putting in time in Mr. Parsons ' office.
Mr. Anstey's
On the 1st July, on the opening of the Court, Yung Awing
opinion
that Yung informed the Chief Justice, in consequence of a conversation he
Awing's had had with the Attorney- General relative to the new Ordi-
appointment
incompatible nance regulating the admission of practitioners in the Supreme
with the Court, that he would feel obliged if the Court would release him
provisions of
Ordinance from his duties as interpreter, as the Attorney- General was of
No. 13 of
1856. opinion that his holding that office was, as laid down in the
His resigna- Ordinance, incompatible with his position as articled clerk to
tion. Mr. Parsons. The Court acceded to the request.
Gaol inis-
On the many startling events which had recently occurred in
government.
Mr. Anstey connexion with the administration of justice in this Colony
files a since the advent of Mr. Anstey, one that was most likely
criminal
information to bring him into further disfavour, thereby justifying the
* See antè p. 371.
EXTRAORDINARY CHARGES AGAINST THE SHERIFF BY MR . ANSTEY. 389
prediction of The Liverpool Albion at the time of his appoint- Ch. XVI § II.
-
ment that " he had gone to the Celestials in a diabolic frame of 1856.
mind ,' was the case which he now instituted against Mr. W. against the
Sheriff,
H. Mitchell, the Sheriff, for an alleged misdemeanour in his Mr. Mitchell,
capacity of Sheriff. for a mis-
demeanour.
The charges were for misdemeanour in extorting, or causing The charges.
and inciting others to extort, money from prisoners in his custody
as Sheriff, and were set forth in an information containing
thirteen counts , -an ominous number. The facts shortly were The facts.
these. On the 1st March last six of the prisoners concerned in
the East Point murder, previously reported ,† were sentenced to
death, and against one sentence of death was recorded. At a
subsequent inquiry before the Governor and Executive Council ,
one prisoner was pardoned, and the one against whom death was
recorded and the five others who were sentenced to death had
their sentences commuted into transportation for life. It was the
custom in the Gaol at this time, as is indeed believed to be the
universal custom throughout the British Dominions, to give a
somewhat better and more nourishing diet to prisoners under
sentence of death . On the return to Gaol, after their condemna-
tion in the Supreme Court, of the six men alluded to above, and
of the two others also condemned to death as referred to before,
the Sheriff in the usual manner intimated to the Chinese turn-
key, who had held that situation six years and who previously
had had many condemned prisoners under his charge, that the
prisoners under condemnation were to have the very best
rations, naturally believing that the turnkey's experience in
such cases would be sufficient for him. Such in fact had been
the custom in the Gaol.
The requisition for such extra allowance had been duly made,
allowed , and the money paid in all former cases, and these ar-
rangements for such extra allowance had always been made
through the contractor who supplied the Gaol with provisions .
What induced the turnkey in this instance to deviate from the
usual custom did not appear on the evidence. He did so, how-
ever, for, on intimating to the prisoners that they were to have
the best ' chow, ' the latter sent him to a cook- shop each day
with a bill of the next day's fare regularly drawn out. The
turnkey told the owner of the cook- shop that the provisions
were wanted for the Government Gaol ; to which the reply was :
"I never deal with foreigners, and shall not supply the food
unless you make yourself responsible." The turnkey agreed to
become responsible, and the food was supplied . Under these
arrangements, the fare, asked for and supplied , was of the most
* Antè p. 369.
† Antè p . 376.
390 HISTORY OF THE LAWS , ETC. , OF HONG KONG.
Ch. XVI § II. luxurious description , and the expense incurred as large as that
1856. incurred by most respectable Europeans .
About the 18th of the month it became known to the Gaol
authorities that the six East Point ' prisoners would not be
executed, and they were immediately placed on the usual gaol
rations, while the extra rations were continued until the 26th
to the other two prisoners, on which morning they were executed .
At the end of the month the bill from the cook- shop , amounting
to two hundred and twenty-seven dollars, was presented to Mr.
Mitchell on the Bench during an interruption of business . He,
indignant at what he conceived to be an attempt to extort money
from the Government, tore it up and told the turnkey, who
brought it to him and in whose name it was made out, that the
Government would pay as usual the one shilling per man per
diem, and nothing more. The requisition was sent in on these
terms , passed, and the vouchers amounting to £ 7 . 2s . Od. made
out. This sum was tendered to the owner of the cook- shop and
by him at first refused , but afterwards accepted as part payment
of his bill . As , however, he kept dunning the person he consi-
dered his debtor, the turnkey, the latter spoke to Mr. Mitchell
who replied that the Government would not pay anything more,
Mr. Mitchell but added that the Gaoler might, if he liked , speak to the men to
advised
certain get their friends to pay some ofthe money to help the owner of the
prisoners cook- shop . The Gaoler did speak to the prisoners, and this
to write to
their friends constituted the indirect attempt at extortion alleged, in the first
paymoney
for for to six counts, to have been committed on the 6th April by Mr. Mit-
certain chell. This application , however, if made, was not successful . On
charges .
the 13th April, the direct attempt at extortion was made, as
alleged in the next six counts, and the promise held out of favour
and protection as alleged in the last count. The attempt
was made in this wise : Mr. Mitchell came to the Gaol and, at
the request of the turnkey, went and spoke to the five prisoners ,
one, it will be remembered, having received a free pardon . The
Gaoler, Mr. McKenzie, was present. Mr. Mitchell recommended
the men to write to their friends to ask them for some money to
pay the cook-shopman, adding as a further inducement that
otherwise the turnkey would be held liable . Mr. Mitchell then
went away and had no further communication with the prisoners.
These were, shortly, the facts of the case. It may be added that
Mr. Anstey upon reports of this matter reaching Mr. Anstey's ears, he
makes an
inquiry. at once proceeded to make an inquiry in which Mr. Mercer,
the Colonial Secretary, took part, but at which Mr. Mitchell,
the official most interested , was never present , or allowed even
to attend, though his subordinates were examined, and the
result of which led to the institution of the charges described
above. While the inquiry was being conducted, Mr. Mitchell,
SIR JOHN BOWRING AND MR . MITCHELL. 391
feeling no inclination to lie under the imputation of having acted ch. XVI
- § II.
illegally as Sheriff, laid his case , in a letter dated the 6th June, 1856.
before the Secretary of State, and on the same day the Attorney-
General, receiving no instructions from the Government to proceed ,
by a singular coincidence, recommenced operations by appointing
an interpreter to meet him at the Gaol. Having made his inquiry,
he made his report, and at this point instead of stepping
in and commanding the Attorney- General to stop all further
proceedings, as the matter was for the present at all events out
of the hands of any one in the Colony, the accused having
appealed to the Secretary of State, Sir John Bowring stood still Sir John
and allowed the strife to go on between Mr Anstey and Mr. Bowring's
attitude of
Mitchell, who now had, on his part also, instituted a charge of indifference.
malicious slander against Mr. Anstey for saying that he ( Mr.
Mitchell) had been guilty " of gross magisterial delinquency."
On the 11th June, in acknowledging receipt of Mr. Mitchell's
appeal to the Secretary of State, the Governor informed him
that "he was doubtful of his power to control the Attorney. He is
'doubtful
General in his capacity of Grand Juror when making a prelimi- of his power
nary investigation, and that he was sorry to learn that a war of to control
mutual attack was being carried on between himself and the General.'
the Attorney.
Attorney-General, which whatever else may be the consequences The war of
could not but bring with it much scandal and opprobrium, " attack
mutual
and ended by desiring that some means be found of terminating between
Mr. Mitchell
these " unhappy discussions ." and Mr.
Anstey.
Mr. Mitchell, in reply, on the 16th June, stated that he was Mr. Mitchell
only defending himself against the attacks of Mr. Anstey, who informs
Sir John
he said, alone was responsible for the scandal. Bowring he
is only
defending
On the 19th June, the Governor directed Mr. Mitchell to be himself
informed that he " had also become aware that a criminal infor- against Mr.
Anstey's
mation had been filed against him by the Attorney- General, attacks.
while, according to rumour, a civil action for defamation at Mr. The Gov-
ernor's
Mitchell's suit was pending against the Attorney- General. " reply to Mr.
Mitchell
The letter then proceeded : and the
latter's
" The public scandal which is associated with these disputes between two action for
gentlemen of high official rank is , if possible, most desirable to avoid, and it defamation
is His Excellency's most earnest wish that these actions should not be against Mr.
allowed to proceed , and for the accomplishment of so desirable a result His Anstey.
Excellency will be happy to lend his aid."
Mr. Mitchell
To this letter, Mr. Mitchell on the 21st June replied informs
"that the difficulty in hand admitted of no compromise, Bowring
Sir John the
and he demanded as a right that the criminal information difficulty
filed against him be prosecuted to final judgment as affording adinits
of no
him an opportunity of clearing his personal honour of a foul compromise.
392 HISTORY OF THE LAWS , ETC., OF HONGKONG.
Ch. XVI § II. scandal." In the meantime the case against Mr. Mitchell by
1856. the Attorney- General for attempt at extortion was fixed for
Case against hearing on the 25th June, and on the 12th June, in the
Mr. Mitchell
by Mr. case against him by Mr. Mitchell for slander, Mr. Anstey
Anstey made an affidavit to the effect that he had no confidence
fixed for
hearing. in the decisions of Hongkong special jurors and prayed
In the case that the case might be tried before a common jury. The follow-
of Mr.
Mitchell ing was this strange document : -
against
him for In the Supreme Court of Hongkong.
slander,
Mr. Anstey Between William Henry Mitchell, Plaintiff;
makes an
affidavit and Thomas Chisholm Anstey, Defendant.
of no
confidence I, Thomas Chisholm Anstey, Attorney-General in and for this Colony, the
in Hongkong above-named defendant, make oath and say as follows : -
special
jurors. 1. In the discharge of my official duties as such Attorney- General and
He asks for a also as member of the Legislative Council, and of the late Praya Commission,
common I have unavoidably incurred much personal ill-will from the holders of Crown
jury. lots, and owners of house property in this Colony, which ill-will is at this
The affidavit. present moment much exasperated by the course I have taken and am taking
for amending and making effectual the law for the suppression of certain
nuisances.
2. I am informed and believe that the Special Jury list of this Colony is
made up and consists chiefly or entirely of the holders of Crown lots and
owners of house property aforesaid.
3. I cannot safely go to trial in the above action at law before a special
Jury under the circumstances aforesaid , the same having a natural and in-
evitable tendency to bias and prejudice against me the minds of such a Jury
even unconsciously on their part.
(Signed) T. C. ANSTEY, A.-G.
Sworn at the Court House,
Victoria aforesaid, the twelfth day of June, A.D. 1856.
Before me,
(Signed .) W. H. ALEXANDER,
A Commissioner, etc.
This affidavit at all events, if nothing else, disclosed the
opinion in which Mr. Anstey believed he was then held by at
The prayer least the more respectable portion of the community. Needless
refused.
to say that the prayer was, of course, refused by the Chief Jus-
tice. Complimentary as the application appeared to the gen-
A gross libel tlemen who formed the common jury, it was looked upon
upon the
special as a gross libel upon the special jurors and as such severely
jurors. criticized and looked upon as a compliment paid to the common
jury at the expense of throwing a gross insult in the face
of the Governor and the Legislative Council , who had appointed
the gentlemen in the list to act in the capacity of special jurors.
The hearing
of Mr. Accordingly, on the date fixed , the 25th June, the case
Anstey's against Mr. Mitchell was called on ; it lasted three days, Mr.
RESULT AND View of mr, aNSTEY'S CASE AGAINST MR . MITCHELL . 393
Day appearing as counsel for Mr. Mitchell and Mr. Parsons as Ch. XVI § II.
his attorney. The evidence only supported the fact that Mr. 1856.
Mitchell had made a suggestion, which was admitted ; any case against
Mr. Mitchell.
threat or promise was totally disproved by the contradictory The evidence.
evidence of the witnesses for the prosecution . At the conclu-
sion of the Attorney- General's address ( in the course of which
he had compared Hongkong to " a petty Colony cram full of
abuses and oppression, but no man would speak out because Mr. Anstey's
there was no community of feeling of wrong ; there was mutual extraor
dinary
distrust ; there was no Government ; there was no society ; for address
Government there was anarchy and for society cœlus latronum," upon
Hongkong
and that " he was not there to defend the Government for affairs and
not ordering this prosecution, and that he was not there to people
generally.
censure them for not doing so" ), the Chief Justice intimated
that, as the evidence was very voluminous and would take a
considerable time to read over, he would adjourn the Court till
the next day.
The jury after a short conference said they did not require reque
The Jury ,
st the
the evidence to be read over, but if His Lordship would give his opinion of
opinion on the law of the case, they might bring in a verdict. the Chief
Justic e upon
The Chief Justice thereupon ruled that a mere suggestion by the law of
the Sheriff to the prisoners to write for money or to raise The the case.
Chief
money to pay the cook- shop for extra provisions supplied them Justice
in Gaol could not be considered an attempt at extortion in the rules
merethat
legal acceptation of the term. The jury thereupon returned aument
suggestion
an unanimous verdict of not guilty which was received with by the to
Sheriff
great applause by the great body of Europeans present in Court, prisoners to
which the Judge, however, put a stop to . Thus terminated raise money
for extra food
this serious case brought against a high public official , under- supplied
taken and carried through by Mr. Anstey, as Attorney- General , outside,
them fromnot
in the name of public justice, against the expressed wish of thean attemptn.
at extortio
Government, and which on trial, dwindled down to as paltry, Verdict of
vindictive, and contemptible a prosecution as ever was brought not guilty
in a Court of Justice. received
with
applause.
Of the necessity of inquiring into such a charge, there could A paltry,
have been but one opinion , and had Mr. Anstey, who imagined vindictive,
he had discovered the " attempt to extort," conducted himself temptible
action.
in a fair and open manner, he would have been well entitled to
the thanks of the public, let the inquiry have resulted in what
manner it would , especially if, at the inquiry, the accused had
been confronted with his accuser and his witnesses . As it was , merited.
Defeat well
Mr. Anstey had evidently forgotten that he had scarcely been here a month before
he had quarrelled with both Mr. Mitchell and Mr. Hillier ; that there was a mutual scene
of crimination between the three in the Supreme Court, in which Mr. Hillier earnestly
requested the Chief Justice to check Mr. Anstey in the use of that unsparing abuse and
censure with which he was so ready to attack every one (antè p. 379) , and which the
Chief Justice himself now knew so well to his cost.
394 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XVIII. it was perfectly impossible to imagine that any other result
1856. could have been arrived at than that to which the jury came,
and the defeat was well merited.
Public
Upon the result of the case, a leading paper of the time con-
opinion.
cluded with the following by no means misplaced remarks : —
" By the pursued course we have the Government hurried into action and
defeated, before the reference Home has travelled the quarter of its journey to
its destination . Suppose the Secretary of State orders an inquiry, he is too
late ; the case is closed, and his despatch waste paper, and all through the
extreme foolish imbecility of the Governor. On these facts, as set forth in
the letters in evidence, we ask is such a man fit to be Governor ? Of Mr.
Mercer, the Colonial Secretary's conduct in the matter we are not, from what
appears on the face of the evidence, inclined to speak harshly, but he must
have seen where the head-strong course of the Attorney-General was leading
the Government, and had he been a man of more power of mind he would
have forced the head of the Government to stop the Attorney-General's rash
carcer as a direct and positive insult- not only to him, but to the Secretary
of State for the Colonies, by taking from out of the hands of the latter, a
case which had been particularly referred to him."
Mr. Mitchell's case against Mr. Anstey for slander was not
yet ripe for hearing, and, as will be seen , did not come on until
The whole
society of the latter end of August. * Meanwhile the whole society of
Hongkong the Colony was convulsed in quarrels, in consequence of the
convulsed
in quarrels. high moral tone taken by the new Attorney- General and his
determination to effect reforms or improvements at whatever cost,
according to his own fancy.
The Chief
Justice The Chief Justice, probably owing to the state of his health,
takes the had begun latterly taking the Bench at twelve o'clock instead
Bench at
noon owing of at ten, thinking at the same time that this would not be ob
to bad health. jected to by the jury or the public generally. The Attorney-
Mr. Anstey General, however, strongly objected , which conduct met with the
objects.
The jurymen disapproval of the community and the presentation of a letter
approve as a
protest to the by the jurymen approving of the Chief Justice's step as a
Attorney- protest to the Attorney-General's opposition . This goes to
General's
action. show the respect and esteem in which Mr. Hulme was held.
Their letter. The following was the letter : -
Hongkong, 26th June, 1856.
"To the Honourable
JOHN WALTER HULME, Esq.,
Chief Justice.
Sir, Having heard that the Honourable the Attorney-General objects to
the Court commencing its sittings at twelve o'clock, on the ground, among
others, that it is unfair to the Jury, we, the undersigned Jurymen, beg to
state that we are more satisfied with the present hour of opening than we
would be with any earlier hour for the following reasons :-
First,-It enables us to devote the morning to our business.
* See Chap. XVII ., infrà.
THE SECRETARY OF STATE AND THE LEGISLATIVE COUNCIL . 395
Second,-Because six gentlemen having been chosen as jurors, the other Ch. XVI § 11.
four are permitted to go about their own affairs, and are not detained the 1856.
whole morning, as under the early opening system, waiting the chance of
their being called on the afternoon jury. -We have the honour to be, Sir,
Your most obedient Servants ."
As may be seen, jurymen in those days when not in the Practice
of keeping
box were not discharged as now till the afternoon , but apparent-
jurymen
ly kept waiting until required to sit. It is not said what Mr. waiting
when not
Anstey thought of this manifestation of good - will towards the the box.
Chief Justice. For some time past it had been rumoured that Manifesta-
tion of
the Chief Justice might retire at an early date provided some good -will to
difficulty about a pension were satisfactorily settled . In conse- the Chief
quence of this an Indian paper, while commenting upon Mr. Justice.
Anstey whose idiosyncrasy had reached that part of the world.
alluded to the possibility of his succeeding to the Bench and
said that " Lord Palmerston took a fine revenge on Mr. Chis- Mr. Anstey
and Lord
holm Anstey by appointing him to Hongkong.' Palmerston's
fine revenge.
As to the rumour that the Chief Justice was retiring or who Local view
his successor would be nothing was known positively. He had of theceChief
Justi at
filled the office since the establishment of the Supreme Court this stage
and of
during the last twelve years, had gained the respect, esteem , Mr. Anstey.
and affection of every member of the community, and had
always been looked upon as the great safeguard and bul-
wark of the liberty of the Colonists and the English in China
" against the efforts of Governors and Superintendents of Trade
that somebody or other's fine revenge ' had inflicted upon
them in the shape of Sir John Davis and Sir John Bowring,"
quite apart from Mr. Anstey who had now succeeded in putting
nearly every man in Hongkong against him.
Mr. Labou-
chere.
At this period the Legislative Council of the Colony con- Secretary
sisted of the following official members : the Governor, the of State,
informs
Lieutenant-Governor, the Chief Justice, the Colonial Secretary, Sir John
the Attorney -General, the Colonial Treasurer, and the Chief Bowring
has no he
Magistrate of Police, and of the following unofficial members , objection to
a moderate
Messrs. Jardine, Edger, and Lyall . increase in
the number
Mr. Labouchere, the Secretary of State, writing to Sir John of the
Legislative
Bowring on the 29th July, informed the Governor that " he Council.
State's of
could see no objection to a moderate increase in the number of Secretary
the Legislative Council, if the Governor thought that desirable, Estimatesof
approval
and that he approved of the steps which he had taken in lay- being laid
ing the Estimates before that body, and inviting their obser- before
Legislative
vations upon the items of public expenditure." Council.
396
CHAPTER XVII .
1856-1857 .
SECTION I.
1856 .
Necessity for a Puisne Judge and new Court House mooted . -The Chief Justice. - The
hall of the Supreme Court described . - Point of practice. Precedence of cases for hearing
settled . The Buildings and Nuisances ' Ordinance, No. 8 of 1856.-Mr. Mitchell and the
interpretation of the Ördinance. - Opposite construction given by the Justices to the
opinion of the Attorney-General. Dismissal of a Crown case. -The Magistrates refuse to
issue summons on fresh complaint by Surveyor- General. - Mandamus granted by Chief
Justice , who expresses views opposed to the Justices. —Governor's memorandum to the
Justices.-The Justices protest against any interference with them in the discharge of
their duties.--Ordinance No. 15 of 1856, amending the law of Evidence and Trial by Jury.
-Act 18 and 19 Vict. c. 42. -Ordinance disallowed.--The Police and gambling. Police
Constable Randolph charged with extortion .- His confession.- Mr. Anstey upon Police
delinquencies.-The Attorney- General's suggestion about a Police Constable's number
and cap ' crown ' approved by the Chief Justice. -The libel case of Mitchell v . Anstey
(Attorney-General).-Verdict for the defendant.--The facts. - Mr. Anstey having no con-
fidence in the Stipendiary Magistrates asked a Justice of the Peace to sit with him.-Mr.
Anstey concludes his speech in an abusive style. He mentions Sir Wm. Molesworth and
the conditions of his appointment. The speech. - The jury find the communication &
privileged one. - Sir John Bowring's demeanour.-The picture of an Attorney-General, as
defendant in an action for libel.--Unique in all scandals of the Government of the Colonies.
-Mr. Anstey's estimation of the special jury. - The London Morning Advertiser upon the
result of Mr. Anstey's case against Mr. Mitchell. -A mean attack. - Mr. Anstey suspected.
-Hongkong the noisome scandal of the East.'--Local valedictory opinion of the Chief
Justice. Mr. Anstey goes to Shanghai. - The Royal Asiatic Society. Paper by Mr.
Anstey "on the administration and value of judicial oaths amongst the Chinese. "-Differ-
ences between the Governor and the Justices of the Peace. - Public meeting.- Ordinance
No. 8 of 1856. -Ordinance No. 14 of 1856 , sec. 12. - The publication in future of every draft
of Ordinance Meetings of the Legislative Council to be held with open doors. -The
Police. - The Chinese complaint against Indian Police. -Governor considers the complaints
against the Police well founded. - Sunday desecration. Government Notification. - Death
of Mr. Jardine, M.L.C. -Arrival of Mr. Davies, Chief Magistrate.- State of affairs in the
Colony.Messrs. Mitchell and May as Magistrates.- The Governor and the governed at
sixes and sevens.'-- Mr. Caldwell taken into the service again. —He is appointed Registrar-
General and Protector of Chinese. General Interpreter, and a Justice of the Peace.-What
Mr. Caldwell's re- employment afterwards proved to the Government. -Mr. Anstey returns
from Shanghai. - Ordinance No. 8 of 1856. - Forty- four persons summoned. —Mr. Anstey as
a Police informer.- He sits by the Magistrate.--Heavy fines and committal to prison.-
Demonstration by the Chinese. - Police reinforced by military.-Government Proclama-
tion. The Proclamation a perversion of language.-Feeling of Chinese against local
authorities.- List of grievances formulated.- End of " Anstey Riot." - The Governor noti
fics to the Chinese Mr. Caldwell's appointment as Registrar-General and Protector of Chi-
nese. The large powers given to Mr. Caldwell. -Arrival of Mr. Hickson, the first Crown
Solicitor. He is also gazetted as Deputy Sheriff, Coroner, and Queen's Proctor. - Mr.
Gaskell relinquishes Queen's Proctorship.- Resignation of Mr. Hickson.- Mr. Cooper
Turner appointed Crown Solicitor.- Mr. May, Coroner and Deputy Sheriff. -Royal Asiatic
Society. Mr. Anstey's paper -" Did Alexander the Great in the course of his conquests
ever reach any part of the Chinese Empire. " --Free pardon to Wong Ashing convicted
of piracy.- Lanterns and night passes . - Increase to Police Force.--Auxiliary force of
European scamen prisoners.-Special Constabulary Force. - Meeting at the Chief Magis-
trate's office.-The Attorney-General and the form of oath taking by Special Constables.-
Voluntary enrolment. -Further increase to European Police Force.
397
SECTION II .
1857 .
Insecurity felt by the community.--Ordinance No. 2 of 1857. - Services of Mr. May
given solely to the Police.-His magisterial duties how performed. -Honorary Degree of
D.C.L. conferred on Mr. Bridges. - Government Notification regarding persons out of
employment. -Military officers gazetted Justices of the Peace.- Mr. Anstey elected Vice-
President of the Royal Asiatic Society. The military officers withdrawn from the
Commission of the Peace.- The thanks of the Government. -The indignant letter of one
of the officers.- Mr. Anstey acts the part of a Police Constable. He gives a Portuguese
gentleman into custody and prosecutes him for alleged obstruction.- His evidence .--The
case is dismissed. -An unnecessary piece of severity. - Strictures upon Mr. Anstey.-
An amateur constable. -Cheong Ahlum. Atrocious attempt to poison the foreign resi
dents of Hongkong.- The ' Esing ' firm. - Cheong Ahlum's departure for Macao. —His
arrest. The sufferers. -The preliminary investigation at the Central Police Station.-
The Justices who conducted the inquiry.-Cheong Ahlum and others committed for
trial.-- Dr. Bridges, Cheong Ahlum's counsel, moves the Court that money found on
Cheong Ahlum's premises be given up to pay for his defence. -Attorney-General
objects.--Trial of Cheong Ahlum and others. - The Attorney-General denounces Dr.
Bridges for violating professional etiquette. - The Chief Justice's ruling. -Barristers
to receive their fees through their attorneys. -The evidence in the case. -The Attorney-
General upon the case. 'Better to hang the wrong men than confess that British saga-
city and activity have failed to discover the real criminals.' Dr. Bridges' argument. -Dr .
Bridges and his friend, Mr. Mercer. - Verdict of not guilty.--The Chief Justice's summing
up. • Hanging the wrong man will not further the ends of justice. -The Chief Justice
acquiesces in the verdict of the jury. The honour of the British name.-After discharge
the prisoners are re-apprehended as suspicious characters.-- Ordinance No. 2 of 1857.-The
Chinese and the prisoners.-Voluntary banishment of the prisoners asked for. —Petitions
and counter-petitions in respect of Cheong Ahlum and the other prisoners.--The petitions.
-Government decide to keep the prisoners. The crowded state of the Gaol induces the
Government to release all except Cheong Ahlum.--Secretary of State's instructions. Cheong
Ahlum allowed to leave Hongkong unless fresh facts forthcoming. - The despatch.-- Sir
John Bowring's reply to the despatch - The complaint of Mr. Murrow to the Governor
against Mr. Anstey regarding alleged insinuations in Cheong Ahlum's case.—A
Chinaman sent to prison for trying to bribe a juryman in Cheong Ahlum's case.
-The detention of Cheong Ahlum and confederates in the Police cells. Public
indignation.--The ' Black Hole ' of Hongkong. -Acrimony in England upon the sub-
ject . The ' den ' episode and the personal attack on Mr. May.- Government officers
and their interest in landed property.--Money-lending by public officers at high rate of
interest, and the late Sheriff Holdforth.-Hymn of thanksgiving composed by Sir John
Bowring. His letters containing accounts of the poisoning case. Ch. XVII § I.
THE necessity for a Puisne Judge and a new and more suitable Necessity
for a Puisne
Supreme Court House was now mooted for the first time. The Judge and
July Criminal Sessions, after lasting some time, was adjourned new
HouseCourt
on Saturday, the 26th July, to Thursday, the 31st, and again to mooted.
the Monday following, the usual sitting of the Court in sum-
mary jurisdiction on the first Friday in the month causing the
delay. With the large number of cases usually in the list with
a sitting in Nisi Prius , when that list was got through and the
Criminal Sessions , the business of the Court was heavy enough
for the employment of a second Judge . The Chief Justice, it The Chief
Justice.
was pleasantly remarked , had exhibited as yet no symptoms of
flagging under the work, but yet it could not be denied that the
necessity existed for another Judge. The hall of the Supreme The hall
Court is thus described by a local paper for the benefit of its othe
Supreme
readers at Home :- Court
described ,
“ Readers at a distance can imagine what we have to endure when we tell
them that the upstairs room on the Queen's Road, honoured with the name
of Supreme Court House,' has its ceiling about three feet above the tops of
* See Vol. II, Chap. XXXVII.
398 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch . XVII § I. the windows-windows at one end of the room only-the south, whence
a breeze seldom comes, has two doorways, and two small punkahs , one
1856. over the Judge's seat and one over the Jurors', and in this room, in the sul-
try months of July, August, and September, we are expected to remain for
seven or eight hours at a sitting, every inch of spare room behind the dock
being filled with unwashed , steaming, Chinese, the pestiferous effluvium from
whose presence would make a candle burn dim if the experiment were tried .
A juror in a weak state of health would prefer paying a hundred dollars fine
than, with such sum for medical attendance, have the discomfort of a double
physicking- physic in and physic out of Court.”
With slight occasional improvements in connexion with the
arrangements inside the hearing hall and the roof of the Court,
in spite of repeated complaints, things continue pretty well in
the same state to this day. *
l'oint At the commencement of the summary jurisdiction sittings
of practice. on Friday, the 1st August, 1856, one of the suitors asked the
Precedence Court why the case in which he was concerned had been placed
of cases for
hearing at the bottom of the list and subsequent applicants been allowed
settled. precedence of him . The Registrar, Mr. Alexander , explained
that it had been the custom to arrange the list according to the
amount sued for, so that a suit for $500 , though entered at the
last moment, came on for trial first. The complainant said he
thought such a course of proceeding very unfair- his time was
equally valuable with that of other suitors, and yet he might be
kept dancing attendance upon the Court, it might be the whole
day. The Chief Justice told him he might go and that he would
be sent for when his case was reached, which as it happened
was not before seven o'clock in the evening. He was then in-
formed by the Chief Justice that, after consideration , he had
instructed the Registrar in future to enter all plaints in the list
in the order of application , regardless of the amounts.
The 'Build- The new Buildings and Nuisances Ordinance [ No. 8 of 1856]
ings and
Nuisances' had caused a great deal of heart- burning in the community at
Ordinance, the time of its promulgation, † especially amongst the Chinese.
No. 8 of
1856. The Magistrates seemed at loggerheads as to its correct inter-
Mr. Mitchell pretation, and in a recent case the acting Chief Magistrate, Mr.
and the
interpreta- Mitchell, finding the interpretation of the Ordinance difficult, if
tion of the not beyond his powers , called to his assistance several of the
Ordinance.
non -official Justices, although the Attorney- General afterwards
alleged that Mr. Mitchell was well aware of his (the Attorney-
General's) opinion when he consulted the Justices. Four of these
attended, and after mature consideration decided for the defendant
On the subject of the Supreme Court House , see antè Chap. XI. , p . 237 , and refer
ences there given, and Chap. xvIII . , infrà. Besides these references, see also in Vol. II.,
Chaps. LIII., LXXIII ; LXXXIII ., LXXXVII ., LXXXIX., and XCLII., infrà.
See Mr. Anstey's acknowledgment of this in para. 1 of his affidavit- antè Chap.
XVI. § II., p. 392.
SIR JOHN BOWRING REPRIMANDS THE JUSTICES OF THE PEACE . 399
and against the complainant, the acting Surveyor - General , Captain ch. XVII
- § I.
Cowper, as plaintiff on behalf of the Crown, and consequently in 1856.
direct opposition to the construction put upon the words by the Opposite
construction
Government, and the meaning which the framers of the Ordinance given by the
evidently intended it should, but which the Magistrates con- Justices
the opinito
on
sidered it did not, convey. The case was consequently dis- of the
missed, but upon a fresh complaint against the same party Attorney-
General.
being brought by Captain Cowper, the Stipendiary Magistrates Dismissal
refused to issue the summonses on the ground that the case had of a Crown
case.
been already decided . The Magis-
trates refuse
A mandamus, at the request of the Government, was there. to issue
summons
upon applied for on the 15th August by the Attorney- General, on fresh
and granted by the Chief Justice, to compel the Magistrates to complaint
Surveyor-
by
do their duty, His Lordship at the same time expressing a view General.
opposed to that of the Justices of the Peace, namely, that the Mandamus
granted
Ordinance had a retrospective tendency. The Governor, ex- by Chief
pressing dissatisfaction at the course adopted by the Justices , Justice who
expresses
which had compelled the Supreme Court to be moved as above views
stated, issued the following memorandum to the body of Jus- opposed to the
tices in the Colony :- Justices.
MEMORANDUM . Governor's
memoran-
In a Commission issued , on the 4th October, 1855, by His Excellency the dum to the
Justices.
Governor, thirteen gentlemen were nominated Justices of the Peace, they
not being invested with other official authority. The number has been aug-
mented by subsequent Commissions to fifteen in all.*
His Excellency has caused a return to be made of the number of attend-
ances, at Petty Sessions since the time of the issuing these Commissions.
He finds that one gentleman has given six attendances, five gentlemen
have given two attendances, and two gentlemen one attendance, while seven
gentlemen have given no attendance since their appointment.
He has to remark that there have been only two occasions on which more
than one Justice has assisted the Stipendiary Magistrates with their presence
and advice.
On these two occasions four Justices attended , three of whom for the first
time since they were sworn in. They are stated to have been present at the
special request of the Acting Chief Magistrate-and on the first of these
occasions (the 23rd May) there was as it appears a unanimous concurrence
in a decision by which, in the judgment of His Excellency, the obvious intent
and meaning of the law were abrogated and annulled by the action of the
Bench.
On the 2nd June, invited again (as is officially reported ) specially by the
Acting Chief Magistrate, three of the Justices who had been present at the
sitting of 23rd May, and another Justice who took his seat then for the first
and only time in which he has ever acted , formed the Bench, and these Jus-
tices again supported the Chief Magistrate in his determination not to give
effect to the law. His Excellency is informed that one of the Justices pre-
sent a member of the Legislative Council- distinctly pointed out to his
colleagues the error which had been committed on the 23rd May and which
See reference to these Commissions, antè Chap. XVI. § I., p. 363.
400 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XVII § I. had been the subject of reference to the Legislative Council. That gentle-
man, of course, dissented from the conclusion by which a majority co-operated
1856.
with the Chief Magistrate in his extraordinary course of proceeding.
For the maintenance of that supreme authority of the law which , in the
great interests of the whole community, every Government is bound to pro-
vide for, and of which all Justices of the Peace are expected to be instru-
ments and auxiliaries, His Excellency directed an application for a mandamus
against the Acting Chief Magistrate to be applied for to the Chief Justice in
the Supreme Court of the Colony, which mandamus has been granted by His
Honour, calling upon the Chief Magistrate to enforce the law. Its granting
was accompanied , as His Excellency is informed , by a declaration from the
Bench that "the magisterial decisions were against the law," and a prompt
obedience was recommended to its requirements.
His Honour expressed a hope that there would be an immediate and satis-
factory return to the mandamus, showing that there is no disposition to over-
turn the authority of the law, but rather to give effect to its provisions.
His Excellency concurring in that wish, and desirous of promoting that
unity of purpose and of action, which should undoubtedly be the object of all
who are invested with public authority for the maintenance of law and
order, has directed this memorandum to be circulated among all the Justices
of the Peace.
By Order of His Excellency the Governor,
with the concurrence of the Honourable
Members of the Executive Council.
(Signed) L. DE ALMADA E CASTRO ,
Clerk of Councils.
Government Offices, Victoria, Hongkong,
19th August, 1856.
Addressed to-
The Honourable W. T. MERCER, Esq .;
The Honourable J. F. EDGER, Esq .;
CHARLES MAY, Esq.;
JOSEPH JARDINE, Esq.;
GEORGE LYALL, Esq.;
JOHN D. GIBB, Esq.;
CHARLES F. STILL, Esq .;
R. S. WALKER, Esq.;
JOHN RICKETT, Esq.;
Captain T. V. WATKINS , R.N .;
W. H. MITCHELL , Esq.;
R. C. ANTROBUS , Esq.;
T. C. LESLIE, Esq .;
ANGUS FLETCHER, Esq.;
A. C. MACLEAN, Esq.;
WILLIAM LAMOND, Esq.;
The Honourable T. C. ANSTEY, Esq.;
SAM. GRAY, Esq.;
JOHN SCARTH, Esq.
The Justices
protest This memorandum , of course, called forth an indignant denial
against any from the four gentlemen, followed by a letter from their
interference
with them brother- Magistrates in which they rebutted the charges made
in the
against themselves and informed the Governor that they con-
discharge of
their duties, sidered the language used by him in his memorandum towards
SIR JOHN BOWRING AND THE JUSTICES . 401
the acting Chief Magistrate and the Justices who acted with ch. XVII § I.
him as " tantamount to a charge of deliberate perversion of 1856.
justice, and violation of their oaths of office," -a charge they
felt bound to inquire into ; and the determination they had
come to was, that the " allegations made by His Excellency had
no foundation whatever," adding that, in the conduct of the
Justices in question, they could perceive nothing but an anxious
desire to assist the Stipendiary Magistrate " to render his deci-
sion as accurate and sound as possible. " They further accused
Sir John Bowring of unconstitutionally and unjustifiably
attempting to interfere with , and dictate to, them in their judi-
cial capacity, and emphatically protested against such conduct
on his part. .Of course, all this was denied by Sir John Bow-
ring, who disclaimed any intention of acting in the way ascribed
to him. This open rupture between the Justices and the Gov-
ernor at any rate, if it had no other effect, had that of
awakening the Justices to a sense of their duty from the apathy
into which they had sunk.
Ordinance No. 15 of 1856 , amending the Law of Evidence and No.
Ordinance
15 of
Trial by Jury, was passed on the 22nd August, 1856. The princi-
1856,
pal heads were- ( 1 ) The extension to this Colony of the Statute
amending
the Law of
18 and 19 Vict. c . 42 relating to oaths administered and notarial
Evidence
acts done by Diplomatic and Consular Agents ; ( 2. ) The ad- and Trial
by Jury.
mission in evidence, upon proof, of all instruments filed or Act 18 and
recorded in a Foreign Court or Consulate ; ( 3 ) The admission of 19 Vict. c. 42.
depositions in cases where the witness is absent from the Colony
or unable through illness to attend ; ( 4 ) The abolition of oaths
by heathen witnesses, unless the Court in its discretion orders
them to be sworn ; ( 5 ) Indictment for perjury may follow any
conflicting statements on the part of witnesses, or immediate
fine or imprisonment, at the discretion of the Court ; and ( 6 ) The
number of jurors summoned for each Sessions to be increased
from ten to eighteen , so as to enable the Court to make up a
second jury panel in case of necessity. It may be remarked if
this Ordinance had been allowed, it would have done away with
the farce of burning paper in relation to Chinese oaths * and
probably led to the adoption of the only mode by which Chinese Ordinance
disallowed.
can be sworn . But the Ordinance was disallowed by Proclama-
tion of the 23rd May, 1857.
At the Criminal Sessions held on the 25th August, a Eu- The Police
and ga m-
ropean Police Constable named Randolph was charged with bling.
extortion and demanding money with menaces from persons Police
Constable
who, he alleged, were gambling. The accused in his defenceRandolph
said it was a well known fact that " it was the usual practice withcharged
extor.
for Chinese to pay $ 10 or $ 5 for their release whenever arrested tin.
* See antè Chap. XII. § II. , p. 310,
102 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. XVII § 1. by the Police for gambling. "* The Attorney- General, in address-
1856. ing the jury, said it seemed to him that every facility was
His confes- afforded to the Police to roam about the Colony when off duty
sion.
Mr. Anstey to plunder whom they pleased ; they were permitted to go
upon Police about in disguise, and all they had to do, when an opportunity
delinquen- offered , was to pull the Crown out of their pocket and say " I
cies.
am a Constable "! thus effectually avoiding detection . And
though attention had been drawn to this state of things in the
The At- case of Constable Brady, tried at the March Sessions, † on which
torney-
General's occasion it had been recommended by him (the Attorney-
suggestion General) , and approved by His Lordship , that the number of
about a
Police each Police Constable should be sewed upon the breast or out-
Constable's
number side collar of his jacket in Chinese as well as in the English
and cap numeral, and that the crown should be fixed to the cap so as in
' crown'
approv case of complaint to render recognition certain , and though Mr.
by the ed Grand - Pré, the Superintendent of Police, then promised some-
Chief
Justice . thing that should be done to remedy the evil, no steps had yet
been taken for that purpose . The prisoner was sentenced to
twelve months' hard labour.
The libel
case of At length , after many delays and numerous postponements,
Mitchell principally on the part of the plaintiff, the great and much
r. Anstey talked about libel case of Mitchell versus Anstey came on for
(Attorney
General). trial on Saturday, the 23rd August, before a special jury, the
damages being laid at $ 5,000 . After a seven hours ' sitting the
further hearing of the case was adjourned until after the Crimi-
Verdict
for the nal Sessions. On Wednesday, the 27th, it was continued and
defendant. resulted in a verdict for the defendant. Messrs. Day and Green
were of counsel for Mr. Mitchell, with Mr. Parsons as his
solicitor, Mr. G. Cooper Turner being solicitor for Mr. Anstey,
the defendant.
The facts.
The facts were shortly as follows . Mr. Anstey, in his endea
vours to put down nuisances endangering the health of the
town, had reason to believe that he had been thwarted by
the Magistrates, who, on cases being brought before them for
adjudication under the Ordinance, either dismissed the charges
altogether, or let the offenders off with a mere reprimand.
On the occasion of the departure for Siam of the late Chief
Magistrate, Mr. Hillier. the Attorney- General, on his way to
the steamer to bid Mr. Hillier good - bye, fell in with Mr. Grand-
Pré, the Superintendent of Police, and inquired what was
being done for the abatement of nuisances . The latter replied
" that it was of no use taking cases before the Police Court,
where they were invariably dismissed ; and that he knew of
* See the case against Job Witchell, an Inspector of Police, tried before the Chief
Justice, Sir John Carrington, in July, 1897, and the confession of the defendant after
undergoing his sentence, Vol. II., Chap. XCLI,
† See antè Chap. XVI. § II., p . 381 .
See antè Chap. XVI. § II., p. 383.
THE CASE AGAINST MR. ANSTEY FOR SLANDER. 403
two instances in which tenants of the Assistant Magistrate had ch. XVII § 1. .
been had up and fined by Mr Hillier and which in his absence 1856.
had been re-heard by Mr. Mitchell, their landlord, the decisions
reversed, and the fines rescinded ." Mr. Anstey, in the full
belief that the facts were as stated , reported the matter unoffi-
cially to Mr. Mercer, the Colonial Secretary, and he also
questioned Mr. Grand- Pré, who repeated to him the story as
told to the Attorney - General. Mr. Grand- Pré was then directed
by Mr. Mercer to find the dates . Mr. Grand - Pré would seem
to have laboured under a mistake with regard to the matter in
question , for, some four days subsequently, he supplied the
dates, and the allegations having been laid before the Governor,
Mr. Mitchell was called upon for an explanation. He did not
at the time reply to this demand further than by forwarding
the depositions, which at once afforded proof that the allega-
tions against him were untrue, inasmuch as the cases had been
re-heard by Mr. Hillier himself, whose signature was attached
to the decision rescinding the fine. This was, of course , perfectly
satisfactory and conclusive as to the groundlessness of the charge
brought against Mr. Mitchell. But in the meantime, Mr. Anstey, Mr. Anstey,
who was also a Justice of the Peace, having no confidence in the having no
confidence
Stipendiary Magistrates , Messrs. Mitchell and May, had called in the
upon Mr. Leslie, a brother J.P. ( who; having taken umbrage at Stipendiary
Magistrates,
Mr. Anstey's conduct as a member of the Praya Commission , had asked
Justicea
been previously written to by Captain Cowper, at Mr. Anstey's of the
request, inquiring whether he would consent to join Mr. Anstey Peace to sit
in adjudicating certain cases under the Buildings and Nuisances with him .
Ordinance ) to endeavour to make arrangements for a sitting at
Messrs . Dent & Co.'s counting-house, or in the Attorney - General's
office at the Court House ; and, in explanation of his reasons
for holding trials in such places, instead of at the Police Court,
mentioned Mr. Grand - Pré's serious charge against the Assistant
Magistrate as still pending, Mr. Anstey not having been in-
formed to the contrary, until the day after the conversation
between him and Mr. Leslie took place. Mr. Leslie next morn-
ing, in the belief that Mr. Grand - Pré's statement as repeated
to him by the Attorney-General was true, mentioned the matter
to a Mr. Hudson , a joint proprietor of the houses where the nui-
sances were alleged to have been committed, and he carried the
tale to Mr. Mitchell, who called on Mr. Leslie the same day to
hear the details . These were at once afforded him , and repeated
by Mr. Leslie to Mr. Parsons , Mr. Mitchell's solicitor. Such is a
short account of this strange affair as was laid before the Jury.
The plaintiff charged the defendant with having uttered a
malicious slander, which , in default of an apology, demanded
heavy damages. The latter replied that if slander it were, it
was not his, but Mr. Grand - Pré's ; that his conversation with
404 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. XVII § 1. Mr. Leslie was to be viewed in the light of an official communi-
1856. cation from one Magistrate to another ; and that he repeated
Mr. Grand - Pré's statement believing at the time the same to
be true, having up to the date of conversation received no inti-
Mr. Anstey mation to the contrary. The defendant's speech was concluded
concludes
his speech in an abusive style, Sir William Molesworth's name and the
in an abusive conditions under which he received his appointment being in-
style. troduced into the defence in a way and for a purpose that must
He mentions
Sir Wm. have caused astonishment. The same being interesting is now
Molesworth
and the reproduced . Mr. Anstey said : -
conditions
of his " It was the first time in his life he had been charged with wilfully slan-
appointment, dering his neighbour, the first time any charge had been laid against him in a
The speech. Court of Justice, and though he that day wore the robes of his office, instead
of appearing before them as the private citizen, the humble individual,
Thomas Chisholm Anstey, it was that not for himself did he so appear but
for his office, for it was in the strict performance of the duty of that office he
had given cause for his then standing in judgment . For the acceptance of
the office entailing on him that position, however, he was alone to blame ;
three times had an opportunity been offered to him to decline it, but he had
set them at naught He then made some allusion to a deceased political
friend , Sir William Molesworth, * with whom he had for years laboured in
the work of putting down tyranny and misgovernment in Colonies, and by
whom, on his accepting a place in the Councils of the Sovereign, he was first
spoken to regarding taking an office such as that he now held . It was
during his absence that he was gazetted to this office, and without his know-
ledge even. He here made some allusion to the capacity for government of
the gentleman holding the reins of Government, hinting that not under such
an one would he have accepted a subordinate appointment had he an option.
But he came, and he gave himself, from the first, only six months to do that
which would produce such an amount of opposition that the place would be too
hot for him. However, one chief duty was done, only the day before he had
completed a work, -one which had occupied much time. He requested the
jury to bear in mind the position in which he stood-he feared lest he might
say too much-- but allowance should be made for his feeling of embarrass-
ment-" every insinuation which others had had the baseness to make in that
[the witness ] box had had its effect " --but he had notified His Excellency
the Governor that he would defend himself before a jury of his equals, and
he would justify that promise . The offence with which he was charged
was designated by the plaintiff's counsel malice in law. The Judge would
tell the jury no such malice was proved. He was charged with malice in
fact. How could that be ? Before ever he knew Mr. Mitchell, or that per-
son's antece lents -he knew that the table of Downing Street groaned with
complaints of matters connected with business in this Colony in which he
was concerned. He would admit that he came here with express malice in his
heart against the imbecility of men in office. Let sophists distinguish between
hatred of sin and love of the sinner--he could understand no such feeling. As
long as the sinner was countenanced and supported , so long would sin be
rampant and successful. It were vain to attempt to battle with corruption
and incapacity unless that condemnation was recognized . It was not against
Mr. Mitchell- it was against his office, and the way he administered it, he
waged war. Well, that was what he felt, and though verdict followed ver-
dict, though a continuation of such trials might impoverish him, though what
might be taken from him went to fee pettifoggers, he would still go on until
he had finally succeeded in obtaining his righteous ends .......... It was of
* See antè Chap. XVI., § II., p. 370.
MR. ANSTEY'S MEAN ATTACK . 405
no use to talk of law on this occasion. His reputation belonged more to Ch. XVII § I.
another hemisphere than this, and if he did not speak of law it was because 1856.
a full report of this case from the pen of the shorthand writer he had engaged
would go across the seas by the mail of the 10th of the next month " The jury
finds the
As stated before, the jury found a verdict for the defendant, communica-
tion a
holding that the communication was a privileged one . Thus privileged
ended another of those scandalous matters which ought never one.
to have been brought before the public, and which might have Sir John
Bowring's
been stopped by Sir John Bowring, had he chosen to do so. demeanour.
The picture of the Attorney- General of the Colony as a defen- The of anpicture
dant in an action such as this ; he, the head of the Bar, with an eye Attorney-
to the reversion of the Bench, the prosecutor for the Crown, the defendant
General, as
legal adviser of the Governor, a man whose position in the Colony
ought to be second to none, socially and officially, and who ought for libel,
to be characterized by that gravity, reserve, and coolness of judg-
ment which the just performance of his duties requires , and which
would keep him clear of all personal squabbles, -with the Govern-
or looking on placidly at both litigants, both high officials of
Unique
nearly equal importance, -is perhaps unique in all the scandals in all
of modern government of the Colonies or of English Courts of scandals
of the
Justice. In one respect, however, be it said at this stage, Mr. Government
Anstey proved wrong, and that was in his estimation of the of the
Colonies.
special jury of the Colony, by the affidavit which he had filed in Mr. Anstey's
the earlier part of this case* and which he must himself have estimation
of the
felt, for he now received justice at their hands. special jury.
On the 16th October, The ( London ) Morning Advertiser con- The(London)
Morning
tained a long, inspired article upon the result of Mr. Anstey's Advertiser
prosecution of Mr. Mitchell, which was justly considered as a resultthe
upon of Mr.
mean, spiteful, and unjustifiable attack upon the Chief Justice Anstey's case
and others of the community generally, including the special again
Mitchell.
jury, while Mr. Anstey was praised for " battling with the abuses A mean
which were everywhere rife around him," and the " almost attack.
universal conspiracy to crush him, who had ventured , in that
paltry arena, to defy corruption and to maintain truth ." As is
seen above, at the conclusion of his speech, Mr. Anstey99had said
that he would send Home " a full report of this case,' so that Mr. Anstey
suspected.
if this article was not actually written by him, the person to
whom he supplied the facts must have done so, for a paragraph
in Mr. Anstey's letter to his friend was reproduced in the article,
although the editor alleged that the letter was only sent to him
.
for perusal . The following was the passage : -
"If I am carried there in a sedan -if I am obliged to go in blankets -if I Hongkong
breathe my last in that Court - go I will in person, and, with my dying voice, scandal
the noisome
of
testify against the villainy and rascality in high places, which makes Hong- the East."
kong what it is-the noisome scandal of the East." †
Ante Chap. XVI. § II., p. 392.
Upon this subject , see Mr. Austey's letter to the Secretary of State, dated the 7th
August, 1858, infrà, Chap. XXIII.
406 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XVII § I. Of the Chief Justice, it was remarked locally, there was not
1856. a man in the Colony, except Mr. Anstey perhaps , " who did not
Local
esteem and respect him as a worthy, honourable Government
valedictory
opinion of servant- with a good nature and temperament that neither long
the Chief
Justice. sickness nor the impertinence of vulgar, ignorant men could
ruffle for a moment. " This was as shabby and unwarranted an
attack as might well be conceived . Whether Mr. Anstey was
called to account for it or for explanation regarding the meaning
of the term " villainy and rascality in high places which makes
Hongkong the noisome scandal of the East " is not shown ; but,
doubtless, it was considered best to leave things alone.
Mr. Anstey
goes to Evidently feeling the want of a change after all his recent
Shanghai. " trying work, " Mr. Anstey left Hongkong on the 30th August
The Royal on a short trip to Shanghai, and in his absence at a meeting of
Asiatic the China Branch of the Royal Asiatic Society, held at the
Society.
Paper by Society's rooms in the Court House, at 9 p.m. , on Wednesday
Mr. Anstey evening, the 3rd September, Sir John Bowring in the chair,
"on the
administra- the Secretary read a paper by Mr. Anstey "On the admi-
tion and nistration and value of judicial oaths amongst the Chinese.
value of
The paper gave rise to some discussion, the thanks of the Society
judicial
oaths
being voted to its author. Mr. Anstey had previously been
amongst
the Chinese." elected a resident member of the Society on the 19th March.
Differences
between the The differences between the Governor and the unpaid Justices
Governor had not yet come to an end, and a public meeting, convened by
and the
Justices the Sheriff according to advertizement, was held on the 16th
of the Peace. October " for the purpose of taking into consideration several
Public
meeting. points in the recently - passed Ordinances seriously affecting the
Ordinance interests of the Colony," especially the Ordinance , No. 8 of 1856,
No. 8 of entitled " an Ordinance for Buildings and Nuisances. " Recent
1856.
Ordinance correspondence between the Government and the Justices rela-
No. 14 of tive to the same matter was taken into consideration . Resolu-
1856, sec. 12. tions were also adopted in reference to section 12 of Ordinance
The publica-
tion No. 14 of 1856 , entituled " An Ordinance for Fees and Costs , " I
future of
every draft and the publication in future of every draft of Ordinance at least
of Ordinance, three months before becoming law, and that meetings of the
Meetings Legislative Council be held with open doors. The Police also
of the
This paper is not now procurable in Hongkong, but in June, 1868, long after he
had left the Colony, Mr. Anstey read, before the Judicial Society in London, a most inte;
resting paper upon the subject of Judicial oaths as administered to heathen witnesses,'
which is supposed to have been an enlarged reproduction of the paper he had previously
read in Hongkong. This subject will be found further dealt with in Vol. II. of this work
Chap. L. On the question of oaths to native witnesses, see antè Chap. XII. § II., pp. 309-
315, and references there given.
† Antè pp. 399, 400.
The following was the section in question : —“ 12. Costs of procedure shall be reco.
verable by or on behalf of the Crown upon every judgment or decree at Law, in Equity,
or in the Admiralty or Ecclesiastical Jurisdiction of the Supreme Court, whereby any real
or personal estate or any forfeiture or money penalty shall have been adjudged to belong
or awarded to the Crown." -This obnoxious section was repealed on the 5th March, 1857,
by Ordinance No. 4 of 1857.
ARRIVAL OF MR . DAVIES , CHIEF MAGISTRATE . 407
came under discussion , the Chinese present complaining " that Ch. XVII § I.
it was worse now than ever it was, particularly in the day time ; 1856.
people were robbed continually in broad daylight. The Indian Legislative
section of the Force treated them with much cruelty, whilst at Council to
be held with
night they were either asleep on their beat, in brothels or in open doors.
taverns -there appeared to be no one to look after them and The Police.
they did just as they liked ." These resolutions were forwarded The Chinese
complaint.
to the Government, and on the 4th November, the Government against
acknowledged receipt of the same. After going into the dif- Indian
Police.
ferent questions discussed at the meeting and promising early
consideration and reform, the Governor concluded by saying Governor
that he considered the complaints against the Police well founded considers
complaintsthe
as they were noticed in the report recently handed in of the against the
Police well
Police Commission , * and that he hoped in due time an improved founded.
Force would be organized.
Sunday
The Sunday labour question again came under public notice.† desecration.
On the 16th October, the following Government Notification Government
Notification.
appeared upon the subject : -
" Whereas it has been represented to His Excellency the Governor that
certain Government works are conducted on Sundays, His Excellency has
instructed the responsible authorities to take such measures as shall prevent
the desecration of that day in such respect ; and as regards works carried on
by private persons, His Excellency recommends to all Christian inhabitants ,
that the contracts with the natives shall be such as may prevent the employ-
ment of workmen or labourers on the Sabbath day."
Mr. David Jardine, a member of the Legislative Council, died Death of
in Dumfriesshire, Scotland, on the 22nd October, at the age of Mr. Jardine,
M.L.C.
thirty- six .
Mr. Henry Tudor Davies, who had been appointed Chief Arrival of
Magistrate in succession to Mr. Hillier, after some months' Mr. Davies,
Chief
delay, arrived in the Colony on the 8th November. He was a Magistrate.
barrister-at-law , of the Home Circuit, and had been called to the
Bar by the Inner Temple on the 19th November, 1841. As State
affairsof
in the
may be readily imagined with the state of affairs in the Colony, Colony.
his arrival had been eagerly looked forward to for some time. Messrs.
Mitchell
Messrs. Mitchell and May had given little or no satisfaction as and May as
Magistrates, and they now reverted to their own appointments. Magistrates.
In welcoming him a local paper told Mr. Davies that he had
come at a time when "the Governor and the governed were all The Gov-
ernor
at ' sixes and sevens ; ' that he would have a good deal of colo- and the
nial legislation to read up, and that he would find it a very governed
at sixes and
different description of legislation to that which was current in sevens,'
England at the date of his departure."
* See antè Chap. XVI. § I., p. 361 , and § 11. , p. 377.
+ See antè Chap. 11., p. 53.
See antè Chap. XII. § I., p. 287, and reference there given.
See Chap. XVI. § II., p. 384.
408 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XVII § I. Mr. Caldwell, who had resigned his position under the Gov-
*
1856. ernment as recorded in July, last year, had by this time well
Mr. Caldwell nigh succeeded in making himself indispensable, † although
taken into
the service there could be no doubt that in his capacity of general interpre-
again, ter, quite apart from his intimate knowledge of the Chinese
manners and customs, he had proved an acquisition on many
occasions. After much agitation , in which the Chief Justice
himself had taken part, the Government decided to re - engage
He is
him , and on the 15th November appeared a Government Noti-
appointed
Registrar- fication that the Governor had been pleased to appoint Mr.
General and Caldwell , Registrar- General and Protector of Chinese, as well as
Protector
of Chinese, General Interpreter to the Government, pending the pleasure of
General Her Majesty's Government." On the 28th November, Mr.
Interpreter,
and a Justice Caldwell took the oaths of office , being also sworn in as a Jus-
of the Peace. tice of the Peace. A Government Notification of the 21st May,
1857 , announcing that he had been confirmed in the various
offices to which he had been appointed .
What Mr.
Caldwell's It will be seen later on what the re-employment of Mr. Cald-
re-employ- well meant to the local Government, taken in the light of such
ment
afterwards re- engagements under ordinary or similar circumstances , and
proved to the the trouble it brought upon the Government eventually, chiefly
Government. through the efforts of Mr. Anstey.
Mr. Anstey
returns from On his return from Shanghai, Mr. Anstey again set to work
Shanghai. as vigorously as ever, devoting himself almost entirely to the
practical working of the ' Buildings and Nuisances Ordinance,'
Ordinance
No. 8 of No. 8 of 1856 , which, as before stated , had given so much dis-
1856. satisfaction § In the course of a few days not less than forty-four
Forty-four persons were summoned before Mr. Davies , the new Chief Magis
persons
summoned. trate, for infringement of its enactments . The Attorney - General,
placing himself almost in the position of an informer, walked
round the Chinese portion of the town , and required the Police
Mr. Anstey
as a Police to issue summonses against those whom be pointed out.
informer.
He sits At the hearing, he sat by the Magistrate, and, whether due to
by the his presence or influence, Mr. Davies proceeded to inflict heavy
Magistrate.
fines against the Chinese offenders , those unable to pay being
Heavy sent to prison. On these facts coming to the knowledge of the
fines and more respectable Chinese inhabitants, they proceeded to make
committal
to prison. ' demonstration.' They called a meeting on the afternoon of
the 20th November, and although those who were more inti-
mately conversant with the English mode of seeking redress
under such circumstances tried to persuade them simply to
Demonstra petition the Government, others and the larger body said that,
tion by the
Chinese. pending an inquiry into matters, they would shut up their
* See Chap. XVI . § I. , antè p. 361 .
† See antè Chap. XVI. § II., p. 371 .
Antè Chap. XVI. § II.. p. 381.
See antè p. 398.
DISTURBANCES ON ENFORCEMENT OF NUISANCES ORDINANCE . 409
shops . This was done the following morning when , it is said,
99 ch. XVII § I.
" not an egg nor a fowl could be procured from the Bazaars. 1856.
A few of the shopkeepers , more immediately connected with the
foreign residents , kept theirs open, but a mob compelled their
closure. The Police Force was now reinforced by a detachment of reinforced
Police
the 59th Regiment. On Lieutenant- Colonel Caine, the Lieu- by military.
tenant-Governor, appearing in the streets , he had some harsh
words thrown at him. Detachments of the 59th were at night
placed on guard at the Bank, at the P. & O. Co.'s office, and in
Gough Street, and strong bodies of Police patrolled the streets Government
Proclama-
throughout the night. In the afternoon , the Government issued tion.
the subjoined proclamation which was published for general
information the next day, the 22nd November.
PROCLAMATION.
W. CAINE.
By the Honourable Lieutenant-Colonel William Caine, Lieutenant-Gov-
ernor, Administering the Government of Hongkong.
In order that lawless meetings may be suppressed, and confidence restored
to the well-disposed Chinese inhabitants of the Colony,―
It is hereby notified to the residents of this Colony, that Her Majesty's
Government, having reason to believe that the large influx of suspicious cha-
racters from the Chinese mainland which has taken place during the last few
weeks, and the seditious and treasonable demonstrations of this date in the
streets of this City, have been occasioned by the direct agency of secret
emissaries from the persons carrying on a lawless war against Her Majesty's
Forces in the neighbouring Province of Kwang-tung, it is the determina-
tion of Her Majesty's Government within this Colony to take instant mea-
sures for putting in force the provisions of the Registration Ordinance No.
7 of 1846 ; and so soon as the said Ordinance shall be brought into full
operation, all unregistered Chinese will be required to depart from the Colony.
Whilst the Colonial Authorities are always ready on proper occasions to
hear the complaints of Her Majesty's Chinese subjects, and, if well founded ,
to redress them, it is nevertheless further notified, that no complaints what-
ever will be attended to, so long as they are urged in an improper manner.
The Lieutenant-Governor will willingly receive and give every attention
to any representation of grievances that may be laid before him .
Her Majesty's Government, therefore , require Her Majesty's said subjects
to abstain from all part in the aforesaid demonstrations, to return to their
several duties, and to re-open their shops.
Tumultuous movements taking place after publication of this proclamation
will be immediately suppressed by the Military Authorities.
By Order,
W. T. MERCER,
Colonial Secretary.
GOD SAVE THE QUEEN .
Given at Victoria, Hongkong,
the 21st day of November, 1856,
410 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XVII § I. That these demonstrations " had been occasioned by the
1856. direct agency of secret emissaries carrying on a lawless war
The Procla-
mation a against Her Majesty's Forces in the neighbouring Province of
perversion of Kwangtung " was held to be a perversion of language, if not of
language. facts, though possibly the hostilities that were then being carried
Feeling of
Chinese on by us with China may have indirectly increased the feeling
against local of the Chinese against the local authorities .
authorities.
List of
grievances The following was the list of grievances that the Chinese in-
formulated. habitants formulated :-
1. That the fines imposed under the Nuisances Ordinance are too severe,
and beg that the same may be recalled .
2. That in the harbour of this Colony rebels have taken possession of
many Chinese passage boats, and that the passengers have suffered much
harm therefrom , and no stop has been put thereto.
3. That the Police in the streets in arresting persons do not discriminate.
Real thieves may be struck and beaten, but not others.
4. That when goods are being landed near to wharves, and when they
cannot in a moment be removed into shops and godowns, time should be
allowed to do so, obstruction to the road not being made.
5. That the fines lately imposed upon the poor people be refunded, in
order that they may not be laid under suffering.
6. That the street hawkers are poor people, and that they have licensed
permission to sell their wares ; that if they obstruct the roads and streets
they may be driven away, but that baskets should not be upset, their wares
destroyed, and themselves driven to starvation.
7. That there are parties in this Colony pretending to be owners of lost
goods who make accusations against hong and shop-keepers, -that this
should be clearly looked into, and that the guilty parties should be arrested.
End of
And with this may be said to have ended what was called
"Anstey
Riot." the " Anstey Riot." Consequent upon these disturbances, and
The Governor as an easy mode of settling them as speedily as possible, a
notifies tothe notice was at once addressed to the Chinese inhabitants on the
Chinese Mr.
Caldwell's subject of Mr. Caldwell's appointment as Registrar- General and
appoint-
ment as of the necessity for a system of registration . The following is
Registrar- a copy of the translation of the notice which was published in
General and
Protector of The Government Gazette of the 4th December. The reader will
Chinese.
observe the large powers thus given to Mr. Caldwell , and to
The large
powers given what advantage he turned them afterwards will hereafter be
to Mr. seen.
Caldwell.
CALDWELL, [ Official Title, & c., &c. ].
" Whereas His Excellency the Governor of this Colony has been pleased
to appoint Mr. Caldwell, Registrar-General and Protector of Chinese re-
siding in Hongkong, this is to give notice to the Chinese community that in
all cases in which they have difficulty in understanding the law as here
administered , or conceive themselves to have wrongs for which they are
otherwise unable to obtain redress , they are at liberty to apply, between the
hours of ten and four, at Mr. Caldwell's office, next to the Police Station,
or in cases of special emergency at his house in Gough Street.
THE FIRST CROWN SOLICITOR, MR. J J. HICKSON. 411
And whereas it is expedient for the protection of the good citizen that Ch. XVII § I.
vagrancy should be as much as possible brought under restraint, it is at the
1856.
same time desirable that any system of registration having that object in
view should be so contrived as to attain it with the least possible inconve-
nience to those whom it is intended to benefit. No levy of charge or fee is
contemplated, and the respectable inhabitants of the City are invited at their
earliest convenience to depute members of the community, either to wait on
Mr. Caldwell and state what they may have to say in person, or to submit
to him in writing such details and suggestions as may enable him, with the
aid of his own experience, to devise a system which shall work effectively,
but, at the same time, without undue restriction or annoyance ."
On the 1st December, 1856 , Mr. J. J. Hickson arrived in Arrival of
Mr. Hickson,
the Colony as Crown Solicitor, " by virtue of a warrant under the first
the Royal signet and sign manual.' On the same day he was Crown
Solicitor.
also gazetted as Deputy Sheriff, Coroner, and Queen's Proctor He is also
in Admiralty. Mr. Hickson's appointment, quite unexpected gazetted
as Deputy
as it was by the public and the profession , though undoubtedly Sheriff.
it must have emanated upon the recommendation of Mr. Ans- Coroner,
Queen's and
tey, whose friend and protégé Mr. Hickson was reputed to be, Proctor.
caused a great deal of acrimony as regards Mr. William Gaskell, Mr. Gaskell
who had held the office of Queen's Proctor since the 24th July, relinquishes
Queen's
1850 , and who had nowto relinquish the post. Not to the asto- Proctorship.
nishment of any one, however, acquainted with the cost of
living in this Colony, and which matter had been commented
upon in the local press at the time of his arrival, did the public
learn by Government Notification on the 6th February, 1857 ,
that Mr. Hickson had resigned his appointment, the principal Resignation
of Mr.
reason given for this step was the total inadequacy of the salary Hickson.
allowed him, £285 a year- an amount wholly disproportionate
to the arduous duties he had to perform, and even to his sup-
port, in this Colony.
On his resignation , Mr. Hickson returned to England " at Mr. Cooper
Turner
his own expense, " and Mr. G. Cooper Turner, who had been of appointed
great help to Mr. Anstey on various occasions, especially as his Crown
Solicitor.
attorney in the cases between himself and Mr. Mitchell, † was Mr. May,
appointed Crown Solicitor, while Mr. May was appointed Coro- Coroner and
ner, " and as Deputy Sheriff, on the nomination of the Sheriff, Deputy
Sheriff.
to have charge of the Victoria Gaol. "
At a meeting of the Royal Asiatic Society on Wednesday Royal
evening, the 10th December, Sir John Bowring in the chair, the society.
Attorney- General read a very interesting paper in reply to the paper.
Mr. Anstey's
question, " Did Alexander the Great in the course of his conquests Did Alex-
ever reach any part of the Chinese Empire?" The thanks of the ander thethe
Great in
Society were voted to the author. course of his
On the 12th December a free pardon was granted to Wong conquests
ever reach
Ashing, who had been convicted of piracy in October last and any part
of the
then sentenced to transportation for life. Chinese
Ante Chap. XII . § I., p. 390. Empire."
† Antè Chap. XVI. § 11. , p. 393 , and antè p. 402.
412 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XVII § I. On the 16th December notice was given to the Chinese upon
1856. the subject of lanterns and night passes and the penalties in
e
Fre par don default.
to Wong
Ashing
convicted
of piracy. In view of further contemplated disturbances, The Government
Lanterns Gazette of the 23rd December contained an intimation of an
and night increase to the Police Force of twenty Europeans and fifty In-
passes.
dians, and that an auxiliary force of forty Europeans, consisting
of imprisoned seamen, was held in reserve for cases of emergency
Increase
to Police and that the latter were drilled and allowed pay for consenting
Force. to do so . And as further showing the state of affairs, if not of
Auxiliary mind, then prevailing in the Colony, it was deemed advisable to
force of
European organize a special Constabulary Force, and by special invitation
seamen
prisoners. some forty or fifty residents assembled at the Chief Magistrate's
Special office on the 30th December, for the purpose of voluntary en-
Constabulary rolment.
Force.
Meeting at
the Chief
Magistrate's Mr. Davies explained that the Attorney- General was of opi-
oflice. nion the oath taken by Special Constables in England could not
The At-
torney- be legally administered to the body proposed to be enrolled in
General and Hongkong, and that therefore he had drawn up a form of obli-
the taking gation which he thought might answer every purpose intended.
oathform of
by Special After some discussion the meeting dissolved , and on the 2nd
Constables. January, 1857 , the Governor informed the community that as
Voluntary
enrolment. his desire to create a special constabulary by voluntary enrol-
Further ment had not been generally responded to, he had , with the
increase to
European advice of the Executive Council , decided to increase still further
Police the European Police Force .
Force .
Ch. XVII § II.
1857. Consequent upon the insecurity felt by the community gene-
Insecurity rally, owing to the hostilities then being waged with China and
felt by the the disturbances that had already taken place in Hongkong, on the
community.
Ordinance 6th January, Ordinance No. 2 of 1857 " for better securing the
No. 2 of Peace of the Colony, " providing for night passes and giving
1857.
Services general powers of arrest and deportation, was passed. On the
of Mr. May same day it was notified " that during the present state of affairs
given solely within the Colony, the services of Mr. May, Superintendent of
Histhe
to Police.
magis - Police , would be given solely to the Police Department , and
terial that for the conduct of his magisterial duties, satisfactory arran-
duties how
performed. gements had been made by the willing co- operation of Mr.
Honorary Bridges and the other gentlemen in the Commission of the
Degree of Peace ." It may here be said that Mr. Bridges , who had returned
D.C.L.
conferred to the Colony in the latter part of last year, had, during his stay
on Mr.
Bridges. in England, had conferred upon him the honorary degree of
D. C. L . , * and was now known as ' Dr. ' Bridges.
* On this subject , sec Vol. II., Chap. XXXIV.
MR. ANSTEY AS AN AMATEUR CONSTABLE . 413
A Government Notification of the 9th January required " all Ch.XVII § II.
persons who had no employment or who could not find security 1857.
for their good behaviour to depart from the Colony, on penalty Sorrentin
Notification
of apprehension and punishment of deportation." regarding
persons out
of employ-
On the 13th January, three military officers were gazetted Jus- ment.
tices of the Peace, including Colonel Dunlop, the officer command- officers
Military
ing the troops. These officers remained on the Commission ofthe gazetted
Justices
Peace until the 5th May, 1857 , when the Government, consider the Pence,
ing there was no longer any necessity for retaining their services, The military
withdrew their names from the list, the Governor-in- Council officers
withdrawn
conveying his thanks to them for the services they had rendered from the
during a time of anxiety and danger. " Although Colonel Commission
of the Peace.
Dunlop accepted the thanks tendered him, the other two officers The thanks
did not, and one of them wrote an indignant letter to the Gov- of the
Government.
ernor on the gratuitous insult which he considered had been The indig
offered him by his being so summarily dismissed , ' -doubtless one
nantofletter of
the
prompted by the action of the local press which had taken an officers.
unfavourable view of the action of the Government under the
circumstances .
Mr. Anstey
At a meeting of the Royal Asiatic Society held on the 17th elected Vice-
January, Sir John Bowring being in the chair, the Honourable President
of the Royal
T. C. Anstey was unanimously elected Vice- President . Asiatic
Society.
A case which attracted some attention in consequence of the acts
Mr. Anstey
the
Attorney- General acting the part of a Police Constable, was part of a
heard in the Police Court on the 23rd January, before Dr. Police
Constable,
Bridges and Mr. Lamont, Justices of the Peace. The case was
described as showing the " meddling, irascible, undignified , and
ungentlemanly conduct of the Attorney- General. " It was against
Mr. Roza , a Portuguese gentleman and householder, who had He gives a
been given into custody by the Attorney- General the night before, Portuguese
and who had in consequence been locked up the whole night, gentleman
for " obstructing the capture of two chair coolies without passes. " custody and
Mr. Anstey prosecuted in person, and the following was his prosecutes
him for
evidence on oath, by which it will be seen that the comments alleged
obstruction.
passed upon his conduct were by no means too severe : —
His evidence,
" In consequence of information which I received of the probability of the
City being attacked , or of serious disturbances arising, and knowing that Mr.
May with his present Force was unable to carry out the provisions of the late
Ordinance for the protection of the City before ten o'clock at night, I thought
it my duty as a Justice of the Peace to render my personal assistance . In
pursuance of this resolution, I was walking down a strect leading from
Lyndhurst Terrace to the Police Station, at about a quarter to nine o'clock
on Thursday night, when I saw two coolies in the middle of the road. I
asked them for their passes. They said they had none. I then arrested them
to take them to the Police Station, on which a person , I believe the de-
Antè Chap. XVI. § II., p. 385.
414 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch.XVII § II, fendant, came up to me and asked what I meant by arresting his chair coolies.
1857. I said, ' Have you a pass for them ?' At first he said he had , and began to feel
in his pocket for the pass ; then he said he had a pass in his house ; finally,
no pass was produced. I, then, seeing that a number of suspicious characters
were gathering round , began moving towards the Police office with the coolies.
Defendant then came in front of me and barred my way, and asked what I
meant by arresting the servants of a Portuguese gentleman . Fearing that
the men would escape, I pushed him aside, and a policeman coming up took
defendant into custody. He was very violent both when speaking to me,
and afterwards before Inspector Jarman. He used no bad language, but was
6
very disrespectful, addressing me as my good fellow,' and my good mau .'
In reply to a question by Dr. Bridges, witness said he believed there was a
chair standing in the neighbourhood of the coolies ; they were standing in
the middle of the road ."
The case is Naturally upon such evidence, the Magistrates could do
dismissed.
nothing but dismiss the case, and in dismissing it, Dr. Bridges,
after consulting with his brother- Magistrate, said :--
" It is true that no Chinese should be out, for however short a time, at
large without a lantern, after eight o'clock, but in our opinion it is stretching
the law to a most unnecessary extent to arrest a gentleman's chair coolies
when engaged in carrying him. In this case, where the gentleman's residence
was so near, the arresting even the coolies, much more so the gentleman
An unneces- himself, was an unnecessary piece of severity, as the master could have been
sary piece easily summoned as responsible for his servants. This is a case which, we
of severity. think, ought never to have been brought before this Court, and we dismiss
it."
Strictures Imagine the astonishment, if not disgust, with which the
upon Mr.
Attorney- General must have heard this decision , and the Magis-
Anstey
trates deigning to lay down the law contrary to his ideas upon
the subject. Naturally strictures lay thick upon Mr. Anstey
in consequence of this case and his descending from his position
An amateur to assist Mr. May as an amateur constable to pick up dirty
constable. ----
Chinese in the streets , a very dignified office truly !
Cheong An atrocious attempt was made on the morning of the 15th
Ahlum.
January to poison the foreign residents in Hongkong by means
Atrocious
attempt of arsenic in the bread issued from the principal bakery in the
to poison Colony. The firm was known by the title of Esing,' the pro-
the foreign
residents of prietor being a well-known compradore named Cheong Ahlum ,
Hongkong. long resident in Hongkong. The circumstance of Cheong
The . Esing
firm Ahlum having settled many of his outstanding accounts the
Cheong day before, and taken his departure for Macao with his family
Ahlum's the morning before his customers' breakfast hour, when dis-
departure
for Macao covery, and his consequent apprehension would have been cer-
tain, afforded strong reasons for believing that the act was
performed with his cognizance and sanction , if not by his
express orders.
THE ATTEMPT TO POISON THE FOREIGN RESIDENTS . 415
The Government at once despatched the steamer Queen to Ch. XVII § II.
Macao in search of him, offering at the same time a reward of 1857.
$ 1,000 for his apprehension and also $ 1,000 for the apprehen-
sion of one Atsoi who was said to have absconded in like
manner. Cheong Ahlum was delivered over by the Macao His arrest.
authorities to the Police officers sent after him, and he was
brought back the next day in the Shamrock. There was na-
turally great excitement in the Colony , but the atrocious attempt
fortunately failed in every case, and although two or three
hundred people must have partaken of the poisoned bread, no
lives were lost. Many suffered severely, none more so than the The sufferers.
family of Sir John Bowring, Lady Bowring* more particularly.
A careful analysis of the bread by the medical men showed
that the poison was arsenic in the proportion of a drachm to
each pound of bread ; according to which about 10 tbs. of
arsenic must have been distributed throughout the batch.
On the 21st January, the preliminary investigation took The preli
minary
place at the Central Police Station , when Cheong Ahlum , his investigation
father, and eight others underwent their first examination . Mr. at the
Central
Thomas Wade assisted Mr. Mercer, the Colonial Secretary, and Police
Mr. May, the Superintendent of Police, who, as Justices of the Station.
The Justices
Peace, conducted the inquiry at the request of the Governor, who con-
and eventually Cheong Ahlum and the nine others were com- ducted the
mitted to take their trial at the Criminal Sessions on Monday, inquiry.
Cheong
the 2nd February . Ahlum and
others
On the 28th January, an application was made to the Supreme committed
Court by Dr. Bridges, Cheong Ahlum's counsel , that the money for trial.
seized on Cheong Ahlum's premises be given up to pay for his Dr. Bridges,
Cheong
defence . Ahlum's
counsel.
The Attorney - General, backed by the affidavit of two of moves the
Cheong Ahlum's creditors, resisted the application, stating that Court that
money
he did so to prevent the money being plundered or squandered in found on
his defence . Dr. Bridges seemed to think the Attorney- General Cheong
Ahlum's
was using strong language. The Attorney- General said he did prer
be given
not object to the bill for Cheong Ahlum's defence being paid out up to pay
of the money, after it was laid before, and approved of, by the for his
defence.
Court. The Chief Justice sustained the Attorney - General. It Attorney-
may be mentioned that originally forty-two other persons were General
arrested in connexion with this case, but were not put on their objects,
trial, being detained till the result of the case against Cheong
Ahlum was known.
The Criminal Sessions commenced on the 2nd February and Trial of
closed on the 5th . Of course the case involving the greatest Cheongand
Ahlum
interest was that of Cheong Ahlum and others previously men- others.
tioned , the charge selected and proceeded with being that of
* See Chap. XX., ubi suprà.
416 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XVII § II. " administering poison with intent to kill and murder James
1857. Carroll Demspter, Colonial Surgeon," he being one of the vic-
tims. The proceedings commenced at noon on the 2nd February,
before a crowded Court. The Attorney-General prosecuted,
instructed by Mr. Hickson, Crown Solicitor, assisted by Mr. G.
Cooper Turner, and the prisoners were defended by Dr. Bridges
and Mr. Day, instructed by Messrs . Gaskell and Brown , and Mr.
Tarrant, solicitors .
The Attorney. The Attorney- General commenced by denouncing Dr. Bridges
General
denounces for having violated professional etiquette in seeing his clients
Dr. Bridges in Gaol and taking instructions and an order for money from
for violating them without the intervention of an attorney. He called "for
professional
etiquette. His Lordship's deliberate opinion upon such conduct. "
Dr. Bridges admitted seeing his clients in Gaol as stated, but
added that, before leaving the Colony , matters were so badly con-
ducted , that he had often visited prisoners without any notice being
taken ofit . He acknowledged that he was wrong and had departed
from the usual line of professional etiquette, and would throw
himself upon the mercy of the Court and submit to its censure.
The Chief The Chief Justice remarked he did not wish to censure Dr.
Justice's
ruling. Bridges, but only to impress upon him the very great impro-
Barristers
to receive priety of repeating such visits ; and His Lordship hoped that
their fees barristers for the future would obtain their information and
through their receive their fees through their attorneys . *
attorneys .
The evidence As regarded the evidence , that against nine of the pri
in the case. soners was very slight, amounting solely to their connexion
with the Esing ' bakery . That poison had been largely
administered, was certain ; but there was no link in the
chain of evidence to connect Cheong Ahlum with the deed
of putting it into the bread . The purchase or possession of
poison was not even brought home to him. For aught that
appeared, the foremen were the guilty parties, and might
have been bribed either by the enemies of the Europeans,
with a view to effect their destruction, or by some personal
rival or foe of Cheong Ahlum , to ruin him by the imputation
of such a design. It was proved , indeed , that he had been on
the premises on the day and about the hour that the dough was
mixed, but he was taken there against his will by the witness
who proved the fact . Then , as to motive ; on the one hand , Cheong
Ahlum carried on a profitable trade under British auspices and
protection ; while, on the other hand, it was alleged that
through this very circumstance he had incurred the displeasure
of the Chinese Government, and would have lost his head if he
had not given some signal proof of being no friend to the " bar-
99
barians. Then , he absconded, which at first looked bad
* On this subject, see also antè Chap. XVI. § 11., pp. 371-374.
TRIAL OF CHEONG AHLUM AND OTHERS FOR POISONING. 417
enough ; but it was proved that he was only accompanying his ch.XVII § II.
family to Macao, with the intention of sending them into the 1857.
country and himself returning immediately, having just pur-
chased a quantity of flour, and entered into engagements with
Her Majesty's Commissariat and other parties for supplying
biscuit in large quantities . Of course, these business arrange-
ments might have been a stratagem to cover his intended flight .
It was also alleged in evidence that he gave his own children
part of the bread on board the steamer, and that they were sick.
Others suggested that the bread they had eaten was different, and
that their indisposition was mere sea- sickness , or at best their
father had only doled out to them a safe portion , and that this ,
also, was done with an object, bread being a very unusual ar-
ticle of diet with the Chinese.
The Attorney- General evidently knew that the proof was in- The At-
adequate ; and he urged that in such a case " there should be torney-
General
allowed a greater latitude in accepting circumstantial evidence, upon the case.
and the mercy of the law should be restrained , not relaxed ;"
indeed, he thought the prisoners should have been dealt with
summarily, that their crime deserved the fate of a drumhead
court- martial . He regretted they had been brought before a
jury at all ; but since this had been done, he was bound to tell
that jury that they must acquit the prisoners if they felt any
reasonable doubt of their guilt ; adding, that it would not
be their duty to stretch the points set up for their defence to
too great a length. In fine, he felt sure that if they were ac-
quitted, the Chinese would regard the British authorities with Better to
hang
That is to say " We have rather hastily appre- wrongan the
contempt.
hended these men ; we found no evidence that would have justi- men than
confess that
fied a Magistrate to commit them , so we managed to waive British saga .
that process ; and now that we have rather forced a trial, you city and
must give us a conviction to save our character. Better to hang activity
have failed
to discover
the wrong men than confess that British sagacity and activity the real
have failed to discover the real criminals ." criminals.'
Dr. Bridges observed strongly against the manner in which the Dr. Bridges'
Crown had conducted the case and against the committingjustices . argument ,
The Attorney-General replied in a very able speech. The
first part was employed in defending the Government and Mr.
Mercer for the harsh course asserted to have been pursued in the
case, Mr. Anstey stating that Dr. Bridges ' observations as to the
99
examination taking place at the " police station was merely
paltry claptrap. He boldly professed that he had not the usual
indifference of Crown prosecutors in ordinary cases ; this was an
extraordinary case in which he felt in a different manner and
was most anxious that a verdict of guilty should be given.
418 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch.XVII§1 . Dr. Bridges , in reply to what had fallen from the Attorney-
1857. General as to himself, said "that he had never attacked Mr.
Dr. Bridges Mercer. Mr. Mercer was one of his best friends and he would
and his
friend, Mr. rather that his tongue should drop out of his mouth than attack
Mercer.
Mr. Mercer in the way it was asserted he had done . ” *
Verdict of The trial was concluded on the 5th February, and resulted in
not guilty.
a verdict of not guilty by a majority of five to one.
The Chief The Chief Justice summed up against Cheong Ahlum as an
Justice's
summing accessory before the fact, and said that " if the jury thought
up. Ahlum had mixed the poison , or ordered it to be mixed , or had
any knowledge about it, they must find him guilty. " Also ,
that if they were of opinion that it was false that his family
Hanging
wron g manthe were sick , it would be primâ facie proof of his guilt ; but if, on the
will not contrary , they thought they had been poisoned , there would be a
further
the ends prima facie reason for believing him innocent, and in conclusion ,
of justice.' Mr. Hulme said : " I, in common with the Attorney- General,
am desirous that justice should be done on the perpetrator of this
crime, but hanging the wrong man will not further the ends of
The Chief justice." The Chief Justice saw the defect in the evidence and
Justice
acquiesces acquiesced in the verdict of the jury. There was one consolatory
in the point of view in this bad business, and that was that it showed
verdict of
the jury. the Chinese that the English were not bloodthirsty and
that an English jury will do what it believes to be its duty,
even although that duty may run counter not only to outside pre-
judice but often even to the opinion of the Judge on the Bench.
The honour One notable fact to be recorded to the honour of the British
of the British
name. name, in connexion with this case is that the prisoners were
not only tried at the place where their crime was committed ,
but tried by a judge who had himself suffered from that crime,
assisted by a jury all equally victims of the atrocious attempt,
and they were further prosecuted by an Attorney - General and
defended by lawyers also sufferers from their crime.
After On leaving the Court after being discharged , the prisoners
discharge
the prisoners were re- apprehended as suspicious characters under the provi-
are re-ap- sions of the recent Ordinance No. 2 of 1857 " for better securing
prehended
as suspicious the Peace of the Colony," under a warrant issued by order of the
characters.
Governor, Sir John Bowring. The Attorney- General doubted the
No. 2 of 1857. legality of this detention, but Sir John Bowring was " confident
Ordinance
that the legal advisers of Her Majesty's Government at Home
would bear him out in his construction of the terms of the depor-
tation Ordinance ; " and therefore undertook to keep them in
custody till he should receive instructions from England.
That there was some truth in this statement may be seen by the way in which Mr.
Mercer supported Dr. Bridges afterwards through good or evil report, and it was perhaps
impolitic on the part of Dr. Bridges to have expressed himself thus so openly on the sub-
ject. See this matter referred to further on, Chap. XVIII., infrà.
DISPOSAL OF THE ACCUSED IN THE POISONING CASE . 419
On the 7th February the Chinese held a meeting and resolved Ch.XVII § H.
to petition the Governor " to compel the voluntary banishment 1857.
of Cheong Ahlum's servants and to allow Cheong Ahlum to
remain a month or two for the purpose of settling his affairs . " The Chinese
Two other petitions followed upon this, one from certain resi- and the
prisoners.
dents reported to be mostly creditors of Cheong Ahlum , dated Voluntary
banishment
the 7th February, emanating, strange to say, from Dr. Bridges , of the
now reported to be Colonial Secretary elect upon the early de- prisoners
parture of Mr. Mercer, * and which also bore his signature, asking asked for.
Petitions
that prisoners connected with the poisoning case should not be and counter-
forcibly deported though " every individual connected with the petitions
respect ofin
Esing establishment should be compelled to absent himself from Cheong
Ahlum
the Colony," and that Cheong Ahlum " in the interests of many and the other
respectable inhabitants of the Colony," undoubtedly his credi- prisoners.
tors, should be allowed to remain in the Colony for a short
period to settle his affairs. A counter-petition from " fifty-one
residents of Victoria, " dated the 9th February, asked for the
immediate deportation of all the prisoners to Formosa . The tions.
The peti-
following were the last two petitions alluded to :-
Victoria, Hongkong,
7th February, 1857 .
Το
His Excellency The Governor, in the Executive Council.
We, the undersigned residents in this Colony, beg respectfully to submit to
you the following facts relative to Ahlum and nine other prisoners, now
under detention under Ordinance 2 of 1857 , and also relative to forty-two
other prisoners similarly detained.
We submit that the first above mentioned class of prisoners having been
acquitted after a trial of a length unexampled in the Colony, by a majority
of five jurors to one, their subsequent apprehension and detention are calcu-
lated to throw discredit on our system of administrating justice in the eyes
of the Chinese population, who have been led to understand that a man
cannot be twice called in question for the same offence, which is in reality the
case in the present instance. Furthermore, we are of opinion that prisoners
who have stood their trial, and have been legally absolved from the con-
sequences of the crime of which they are accused , should not, by the law,
be made responsible for any secondary consequences arising out of that
accusation . We are, however, strongly of opinion that it is absolutely neces-
sary for the interest of this Colony that every individual connected with the
Esing establishment should be compelled to absent himself from the Colony ,
but not by deportation, to which, under the peculiar circumstances, we object,
unless voluntary banishment be not self-imposed.
We therefore propose that due security be demanded for the immediate
departure of all the prisoners alluded to save and except Ahlum, in whose
case we consider it to be necessary, not only in fairness to himself, but for
the interests of many respectable inhabitants of this Colony, that a limited
period of one or two months should be allowed for the settlement of his
* Chap. XVIII., infrà.
420 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XVII § II, affairs ; and for whom during such limited period and against his subsequent
return, still higher securities should be obtained.
1857.
The difference between deportation under Ordinance No. 2 of 1857, and
the course we suggest, is such as we should hope would recommend itself to
Your Excellency's favourable consideration.
GEO. LYALL .
R. C. ANTROBUS .
A. FLETCHER.
JOHN D. GIBB.
E. F. DUNCANSON .
C. F. STILL.
Wm. PUSTAU.
H. T. DE SILVER.
H. KINGSMILL .
W. A. BowRA.
WM. T. BRIDGES.
WM. T. PROBST.
D. LAPRAIK.
N. CRAWFORD.
The following was the petition of the fifty-one residents ask-
ing that the prisoners be deported to Formosa : --
Hongkong, 9th February, 1857.
To
His Excellency the Governor of Hongkong in Executive Council As-
sembled.
This memorial showeth :-
That your memorialists, deeply regretting the recent verdict in the case of
" The Poisoners," and dreading the deplorable consequences, likely to arise
from the liberation of any of these culprits, who, we are given to understand
still remain in custody, -humbly beg of Your Excellency to enforce upon
them the terms of the recent Deportation Ordinance, and with this view re-
spectfully suggest that the prisoners be sent to some secure place on the
island of Formosa.
Signed by fifty-one residents of Victoria.
Government
decide to It need hardly be said that neither of these petitions was
keep the favourably considered and that Government decided, as before
prisoners. stated, to keep the prisoners in custody until better advised as
The crowded
state of the to their disposal. The crowded state of the Gaol, however, in-
Gaol induces duced the Governor to release them all , except Cheong Ahlum,
the Govern-
ment to on condition that they never returned to Hongkong again. In
release all due time, however, the Colonial Secretary advised that Cheong
except
Cheong Ahlum also should be liberated upon similar terms, if there was
Ahlum. found no ground for bringing him to a new trial with reference
Secretary
of State's to other individual sufferers. Finally, the Secretary of State's
instructions. instructions under date the 8th May, 1857, were that , unless
Cheong further facts were forthcoming justifying fresh proceedings,
Ahlum
allowed Cheong Ahlum should be allowed to leave the island on the
SECRETARY OF STATE'S DECISION AS TO CHEONG AHLUM. 421
understanding that he never returned to it. The following was Ch . XVII § II.
the despatch in question :-- 1857.
Downing Street, May 8, 1857. to leave
Hongkong
Sir, I have to acknowledge your despatch No. 28 of the 11th of February unless fresh
last, reporting the trial and acquittal of Ahlum and others on the charge of facts forth-
coming.
administering poison with intent to kill ; and that you have detained the
The despatch.
prisoners , under Ordinance No. 2 of 1857, until you receive instructions from
Her Majesty's Government as to further proceedings. It is probable that
the interval which must elapse before my present despatch can reach Hong-
kong, will have furnished you with materials for forming your own judgment
on this subject beyond those which your present despatch and its enclosures
contain.
Judging, however, from what is before me, I am of opinion that if further
evidence is discovered in the interim tending strongly to bring home the guilt
of poisoning to Ahlum in the case of other individual sufferers, you will be
justified in causing new criminal proceedings to be instituted . But this
could not be warrantable unless the grounds for such a course are of the
strongest as well as clearest character.
Supposing that no fresh criminal proceedings can be properly instituted, it
seems to me that the best course is that indicated in the memorial or petition
from Tam Atsoi and others ; namely, without resort to the extreme measure
of legal deportation, unless fresh and convincing reasons present themselves
for it, to allow him to leave the island, and return to China, on the under-
standing that he will not be permitted to reside and trade at Hongkong
again.
I have, etc.,
(Signed) H. LABOUCHERE .
Governor Sir JOHN BOWRING, etc. , etc.
In reply, Sir John Bowring informed the Secretary of State Sir John
that no stronger evidence could be adduced, and that he had Bowring's
reply to the
gathered from the Chief Justice in confidential conversation , despatch.
that the evidence laid before the Jury did not warrant a convic-
tion . As will be seen hereafter, under instructions from Home,
Cheong Ahlum was discharged from custody at the end of
July, 1857 , after entering into a bond. *
Mr. Yorick Jones Murrow, the editor of The Daily Press, The com-
and also styling himself a merchant, on the 20th February com- plaint
Murrow Mr.
ofto
plained to the Governor, ( after having failed to obtain an expla- the Governor
against
nation from Mr. Anstey, ) of various insinuations by the Attorney Mr. Anstey
General in his address to the jury in Cheong Ahlum's case as regarding
to the part Mr. Murrow had taken in various matters connected insinuations
alleged
with the case and which, Mr. Murrow considered, seriously in Cheong
Ahlum's
affected him. He was informed in reply, on the 25th February, case.
that "the Governor did not consider it a matter for the inter- A Chinatuan
sent to
ference of the Government. " It may be mentioned at this stage prison
that on the 4th February, the third day of the hearing of the for
bribetrying
a to
poisoning case, the Chief Justice sentenced a Chinaman to six juryma
n
months' imprisonment for trying to bribe one of the jury in in Cheong
Ahlum's case.
* Chap. XVIII., infrà.
422 HISTORY OF THE LAWS, ETC. , OF HONGKONG .
Ch. XVII § II. connexion with which Mr. Murrow also alleged that Mr. Anstey
1857. had vilified him to the jury.
The deten. The detention of Cheong Ahlum and his confederates in the
tion of
Cheong Police cells for twenty- two days, -a place wholly unsuitable for
Ahlum and such a purpose, as one may readily imagine after what had
confederates
in the Police transpired at a Coroner's inquest alluded to in January, 1856 , *
cells. but which had met with no attention or consideration at the
hands of the local authorities, - called forth much public indigna-
Public tion , the ' den ' being given the cognomen of the " Black Hole of
indignation. Hongkong. " The discussion was carried on with much acri-
mony in England, and an aspect generally unfavourable to the
The
Hole 'Black
of Colony taken on the whole, a correspondent of The [ London ]
Hongkong. Daily News of the 9th April, 1857 , in sarcasm commending the
matter to the British Ambassador in Turkey, who was then
urging prison reform in that country. Ministers were ques-
Acrimony
in England tioned in both Houses of Parliament on the 15th May, as to the
upon the statements that had appeared in the papers respecting the con-
subject.
finement of the prisoners in the cells in question and in regard
to which it was said both " the humanity and honour of the
country were concerned ." Correspondence regarding this matter
will be found in Parliamentary Papers on Chinese Affairsfor 1857.
The ' den' The 'den ' episode further converted the affair into the means
episode and
the personal of making a personal attack upon Mr. May as to the nature of
attack on
some house property which he had lately got rid of, and a great
Mr. May.
deal more than enough was said upon the subject. At the time
of Mr. Austey's onslaught on Mr. Mitchell, the Executive
Government
officers and Council expressed an opinion that no member of the Govern-
their interest ment ought to have any interest in landed property in the
in landed island . In consequence of this several officials who held landed
property.
property sold out, denuding themselves of all interest in the
Colony beyond the regular monthly receipt of their salaries . The
reason of this did not require much commenting on, but there
was another class of public servants who, it was said, acquired
Money-lend- an extra interest in the Colony by lending out money at a high
ing by
public rate of interest. The late Sheriff Holdforth, it is recorded , had
officers at not been the first of that class, and it remained to be seen whether
high rateand
interest, of the persons driven out of the means of making money by land
the late would not take to the more disreputable means of making money
Sheriff
Holdforth. by lending at usurious rates .
Hymn of A hymn of thanksgiving, composed by Sir John Bowring,
thanksgiving was sung in a special service offered up to the Almighty at St.
composed
Ly Sir John John's Cathedral , in gratitude for His sparing mercy in relation
Bowring. to the poisoning case, and two letters written by Sir John Bow-
* See antè Chap. XVI. § II. , p. 370.
† Id. § I., p. 403.
See antè Chap. XII . §. I., pp. 276-278, and references there given.
SIR JOHN BOWRING ON THE POISONING CASE AND THE CHINESE . 423
ring at the time to friends in England , containing accounts of ch. XVII § II.°
the diabolical affair, and which found their way into the press, .1857.
will perhaps be thought of interest. The first is taken from His letters
containing
The Western Times, and is as follows :- accounts
of the
Government House, Hongkong, 15th February, 1857. poisoning
case.
My Dear Sir, I receive regularly The Western Times, and thank you
for sending it. Now and then I get a Devonian here to interest himself in
it. At present we have here Captain Fortescue, who commands the Barra-
conta, and excellent service he has done. The vessel is the terror of the
enemy .
No doubt you have heard of the attempt to poison the European residents
of the Colony. No one of my family escaped , and I had several guests all
of whoun ate of the poisoned bread . Lady Bowring suffered much , some
of the arsenic having got into her lungs. I hope my life has been preserved
for some purposes useful to my country and to mankind . It is a perplexing
position to know that a price is set on our heads, that our servants cannot
be trusted, that a premium is offered to any incendiary who will set fire to
our dwellings, to any murderer who will poison or destroy us. Yet we try
to possess our souls in peace, and I have the fullest persuasion that all which
is taking place is co-operant to good-to great and permanent good.
If my life and health be preserved , and I still am honoured with the
confidence which is placed in me, I trust to render a good account of my
stewardship. We have many grievances to redress, and I will try to redress
them ; many securities to obtain, and I mean to obtain them . I am sure we
shall be accompanied by the good wishes of good men ; with kind regards to
those who remember,
My dear Sir, most faithfully yours,
(Signed) JOHN Bowring.
The following letter is taken from The Liverpool Courier,
written a few days after the previous one, and in which the same
hopes are raised that the writer's life might be preserved " for
the real and enduring benefit of his country and mankind."
Although Sir John Bowring's life was spared to a good old age,†
it is doubtful , however, if the administration of affairs in these
parts could have been placed in worse hands. One point, how-
ever, shows itself up prominently in his letter which cannot
fail to be noticed and which is indisputable as regards our rela-
tions with the Chinese heretofore, namely, " that the forbearance
with which they have been treated has been wholly misunderstood
by them, and attributed to our apprehensions of their great
power ":-
Hongkong, February 24.
My Dear Sir, I doubt not that it will be a gratification to my Manx
friends, to hear from the best authority, that we are all recovered from the
effects of the poison , of which several hundred persons partook on the 15th
January. About 10 lbs . of arsenic had been mixed with a batch of bread issued
from the largest Chinese bakery in the Colony, and the excess of the quantity
* See reference to this, antè p. 415.
† See Chap. XXVIII ., infrà.
424 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
* Ch, XVII § II, led to immediate alarm-application of emetics, and speedy ejection of the
1857. "perilous stuff." It left its effects for some days in racking headaches, pains
in the limbs and bowels, etc. In my family, my wife, daughters, three guests,
my private secretary, and myself, besides several servants, ate of the poisoned
bread. Lady Bowring's has been a bad case, as it is thought some of the
arsenic had got into the lungs, but danger is over now. This mode of war-
fare is hard to deal with, and will, I am sure, excite a general sympathy and
indignation. Large premiums have been offered by the mandarins to any who
shall set fire to our houses, kidnap, or murder us ; and many unfortunate
wretches of all nations ( as the hatred of the Chinese is indiscriminating) have
been seized, decapitated, and their heads have been exposed on the walls
of Canton, their assailants having been largely rewarded ; they have even
torn up the bodies of Christian men from their graves, in order to decapitate
them and expose their mutilated skulls to the public gaze. All this is suffi-
ciently horrible, but I doubt not the results will be most beneficial ; for
certainly we shall exact indemnities for the past, and obtain securities for
the future. We shall not crouch before assassination and incendiarism, you
may be assured . I did all that depended upon me to promote conciliation
and establish peace. This was obviously my duty, but every effort I made
was treated with scorn and repulsion. The forbearance with which the
Chinese have been treated has been wholly misunderstood by them , and
attributed to our apprehensions of their great power, and awe of the majesty
of the " Son of Heaven." So they have disregarded the most solemn enga-
gements of treaties, and looked upon us as " barbarians," who, in a moment
of success, imposed conditions from which they were to escape when occasion
offered, and when they could ( in their judgment ) safely do so. I doubt not
that Government, Parliament, and public opinion will go with us in this
great struggle, and pray that my life may have been preserved for the real
and enduring benefit of my country and mankind.
Ever faithfully yours,
JOHN BOWring,
WILLIAM KELLY, Esq .,
Douglas, Isle of Man.
* See her departure and death-Chap. XX., infrà.
425
CHAPTER XVIII.
1857 .
Departure of Mr. Mercer on leave .-Dr. Bridges appointed acting Colonial Secretary
with private practice, and a member of the Executive and Legislative Councils.----
Arrangement cavilled at.-Mr. Anstey dissatisfied. - Mr. Anstey's relations with Sir
John Bowring.- Dispute between Mr. Anstey and Sir John Bowring at a meeting
of the Royal Asiatic Society.--Legal o'ficial communications ordered to be sent to
the Crown Solicitor. - Hostilities between the Executive and Mr. Anstey. - Piratical
seizure of the Queen. - Reconstruction of the Legislative Council.- Officer commanding
troops, member of the Executive Council . — Mr. Joseph Jardine, member of the Legislative
Council.-Messrs. Forth and Davies, official members.--Mr. George Lyall, unofficial mem-
ber.-Fresh attempt at bread poisoning. - Police warning. -Order of Court regulating
proceedings in writs of Foreign Attachment -Gaol Commission.-' Governor of the Gaol
created . Mr. Inglis appointed -No legal authority for creation of title ' Governor of the
Gaol.' -Ordinance No. 1 of 1853.-- Military guard withdrawn from the Court House.-
Incendiary fire -Headless body found. -Feeling of insecurity.-Departure of Mr. Alex-
ander. Registrar, on leave - Mr. Masson , acting Registrar. - Execution of Ng King Leang.
-Order of the Queen-in-Council of 2nd February, 1857, for the conveyance and removal
of British subjects convicted in China. - Murder of Mr. C. Markwick, Government Auc-
tioneer. -Chief Justice Hulme and the ' black cap.'-Origin of the black cap.-Mr. Dud-
dell appointed Government Auctioneer. — Mr. Jarman, Appraiser of the Supreme Court.--
Death of Mr. J. Brown, solicitor. -Attempt to carry off Colonel Caine and Mr. Caldwell.
--Ordinance No. 6 of 1857. -The Governor proposes its suspension, which is objected to by
the Chief Justice, Attorney-General, and others. -Ordinance No. 8 of 1858.-Dr. Bridges
summonses two respectable residents for a public nuisance. -Ordinance No. 17 of 1844.-
Dr. Bridges abused . -Sir James Graham in the House of Commons. -The Arrow incident.
" The advantage of the opinion of the acting Attorney-General." Major-General
Garrett. -Lieutenant-General Ashburnham.--Scene in Court between Mr. Anstey and Dr.
Bridges.- Regina r. Cheong Ah Ng.-Dr. Bridges informs the Court of the disallowance
of Ordinance No. 15 of 1856 and prisoner wrongly convicted. - Mr. Anstey's contempt for
the quibble started by Dr. Bridges. -The Chief Justice's ruling. -The mistake committed in
appointing Dr. Bridges Colonial Secretary with private practice. - Mr. W. H. Mitchell goes
on leave. Mr. May, Assistant Magistrate. - Mr. Grand- Pré, acting Superintendent of Police.
-Mr. W. Tarrant recovers damages against Cheong Ahlum. -Mr. Anstey and Dr. Bridges
as counsel in the case. -The anomalous position of Dr. Bridges. - Dr. Bridges' visit to the
Earl of Elgin on board H.M.S. Shannon .-- Altercation between Captain Peel and Dr.
Bridges for flying the Governor's flag. - Lord Elgin's levée and departure. -Constables
convicted of extortion. - Conviction of Wong Ahlin for burglary.- Granted a free pardon.
-Capture and conviction of Eli Boggs, the American pirate.- Trial of Captain and offi
cers of the American ship John Wade for murder.- Chinese Trades Unions and Secret
Associations. -Government warning.- Important arrests and conviction for unlawful
assembly of tailors, shoemakers, and washermen. - Failure of attempt to enlist Malays at
Singapore, for the Police.- Mr. Grand- Pré enlists discharged Portuguese soldiers from
Macao. - No Police barrack accommodation. - Cheong Ahlum is discharged from custody
under instructions from the Secretary of State. - His creditors in the lurch. - Mr. Tarrant's
attack upon Dr. Bridges in consequence.--He is prosecuted by Dr. Bridges for libel.— Mr.
Tarrant addresses the Secretary of State.- Land reclamation. The Bowring Praya.-
Secretary of State's instructions regarding mode of compensation for damage.
Chap. XVIII.
MR. MERCER, Colonial Secretary and Auditor- General, having Departure of
obtained eighteen months' leave of absence on the 14th Fe- on Mr.leav
Mercer
e.
bruary, Dr. W. T. Bridges , who was on terms of great intimacy Dr. Bridges
with Mr. Mercer, was, on the recommendation of the latter, appointed
acting
appointed on the same date to officiate for him , retaining at the Colonial
Secretary
same time the right to follow his own profession , and he was at with private
once sworn in as a provisional member of the Executive and practice,
Legislative Councils.
426 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XVIII. This arrangement was cavilled at by the community, but it
-
1857. was said that the Governor was in a dilemma and had applied
and a mem-
ber of the to Dr. Bridges as " the most suitable person " to fill the post ,
Executive and urged upon him as a point of duty that he should under-
and Councils
tive Legisla- . he
take the office,
could whichhis
still retain Dr. Bridges
right only consented
to practise provided
to do The
at the bar. half
Arrangement
cavilled at.
pay available for the office was only £ 600 a year. It is but
right that what was stated against the propriety of allowing Dr.
Bridges private practice whilst acting in the high position of
Colonial Secretary and Adviser to the Governor, and therefore as
incompatible with such position , should be reproduced at this
stage as showing that public opinion was not wrong in raising
a cry against the anomalous and extraordinary privilege allowed
to Dr. Bridges, having regard especially to the irregularities
that were alleged against him afterwards : -
" Dr. Bridges may well say ' Mr. Mercer is one of his dearest friends, and
that he would rather that his tongue should drop out of his mouth than say
anything against him." The language is strong but perhaps true. If the
new man were to devote himself solely to the duties of his office, perhaps , as
far as a good insight into Hongkong matters goes, we could have no better
man ; but he is to be allowed to practise as a barrister ; to be at the beck and
call of every man who can pay him a fee ; to attend before the Judge on
summonses, on motions, in hearings in Court, all implying private study and
occupation of time. Now, what the public want, and what they have a right
to get, is, the entire labour of an intelligent man .... no man can serve two
masters."
How far these remarks proved correct, -though Sir John
Bowring afterwards explained to the Home Government why
Mr. Anstey he had appointed Dr. Bridges, t -subsequent events will show.
dissatisfied.
At all events Mr. Anstey who, as Attorney-General, had reason
to be dissatisfied with the arrangement, took no small share of
credit in disclosing afterwards the irregularities laid at Dr.
Bridges ' door, arising from the dual and varied position he
Mr. Anstey's held. But the public well knew by this time that the Govern-
relations
with ment was divided against itself, and that Mr. Anstey disdained
Sir John to hold intercourse of any kind with Sir John Bowring. Al-
Bowring.
tercations, indeed , had already taken place between the Governor
and the Attorney- General in public. At a late meeting of the
Dispute Royal Asiatic Society there occurred a dispute between them .
between
Mr. Anstey Sir John Bowring had read a translation of a short Siamese
and Sir John story which, he said , he had received from an American lady
Bowring at a
meeting thus leading to the inference that she was the original translator.
of the
Royal A member of the Society had a remembrance of having seen
Asiatic the tale before, and turning up The Chinese Repository discover-
Society.
ed that it had been translated by the first Mrs. Gutzlafft many
See antè Chap. XVII., p . 418.
† See Governor Bowring's despatch of the 4th June, 1858 , to the Secretary of State,
Chap. XXI. infrà.
Dr. Gutzlaff, as will be remembered, was three times married- see antè Chap. XII.
SI., p. 304.
RECONSTRUCTION OF THE LEGISLATIVE COUNCIL . 427
years before. Mr. Anstey thereupon charged Sir John with Chap. XVIII.
something like a wilful attempt to impose on the Society. The 1857.
Governor said Mr. Anstey used very strong language, to which
the latter replied " that if he could have made the language
stronger, he would. " The Society, however, adopted the more
charitable inference that Sir John Bowring had been imposed
upon. *
Dr. Bridges was now taken to be at the Governor's elbow, and Legal
persons having legal communications to make to the Govern- official
communica-
ment, were ordered to make them through the medium of the tions ordered
to be
Crown Solicitor ! The following Notification will bear repeti- sent to the
tion, and at this date cause amusement :- Crown
Solicitor.
GOVERNMENT NOTIFICATION.
Notice is hereby given that all official communications involving questions
of law are hereafter to be sent, in the first instance, to G. Cooper Turner,
Esquire, who will take the necessary steps with reference to the same.
By Order,
W. T. BRIDGES,
Acting Colonial Secretary.
Colonial Secretary's Office,
Victoria, Hongkong, 17th February, 1857 . Hostilities
between the
Hostilities between the Executive and Mr. Anstey may now Executive
be said to have reached an acute stage, and it is remarkable, con- and Mr.
Anstey.
sidering the otherwise disturbed state of affairs in the Colony,
that nothing more eventful had happened . But more anon. seizure
of the Queen.
On the 26th February Government offered heavy rewards for Reconstruc..
the apprehension of those guilty of a piratical seizure of the tion of the
Legislative
steamer Queen. On the same day it was announced that a Council.
reconstruction of the Legislative Council had been sanctioned officer
by the Home Government by a slight increase of both classes, commanding
troops
officials and unofficials,† and further that the senior military member
officer commanding the troops shall at all times be a member of the
Executive
of the Executive Council . Accordingly, on the 9th March, Mr. Council.
Joseph Jardine was gazetted a member of the Legislative Coun- Mr. Joseph
Jardine,
cil in the place of Mr. David Jardine, deceased , and on the member
15th May, Mr. Forth, Colonial Treasurer ; Mr. Davies , Chief of the
Legislative
Magistrate, and Mr. George Lyall were gazetted official and un- Council.
official members respectively, all these appointments being sub- Messrs. Forth and
sequently confirmed from Home. Davies.
official
* Notwithstanding the clear proof thus established, as to Sir John Bowring having at members.
least been imposed upon, he nevertheless subsequently adhered to his statement, as is to Mr. George
be seen in his work on ' Siam,' Vol. II., Appendix D., p. 378, and wherein will be found re- Lyall,
produced the story in question, headed " Translation by An American Lady, of a Siamese unofficial
Story." member.
See Mr. Labouchere's despatch on the subject, alluded to antè Chap. XVI. § 11., p. 395.
On this subject see also Vol. II., Chap. LXXXVII, and LXXXIX.
Antè Chap. XVII. § I., p. 407.
Formerly Captain 21st Fusiliers .
428 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XVIII , Since the bread-poisoning case, naturally the people in Hong-
1857. kong, other than Chinese, had always been fearful lest a repeti-
Fresh tion of the attempted offence took place and consequently
attempt
at bread great precaution was exercised, and it was with horror that the
poisoning. community learnt that a baker in the employ of Mr. Duddell,
who had now become the principal baker in Hongkong, had
been overheard to tell his fellow- workmen that he had been
offered $2,000 to mix a soporific with the biscuit dough. The
Police man was immediately taken into custody, and the following
warning.
warning was posted at the Club House, where, it would ap-
pear, the principal residents now gathered daily for news, and
also at the Central Police Station :--
Police Department,
4th March, 1857.
The Superintendent of Police considers it right to intimate to the foreign
community, that it is not desirable to relax the system of vigilance maintain
ed within the Colony.
The Superintendent does not desire to excite alarm, and begs to state that
no positive source of danger is known ; but with a treacherous enemy, ap-
pearances ought not to be relied upon, or induce a feeling of security to the
neglect of precautionary measures.
C. MAY.
Life, under such circumstances, quite apart from the dis-
sensions then prevalent, could not have been a very happy
one in Hongkong, at this period of its history.
Order
of Court On the 5th March the Court passed an Order regulating
regulating proceedings in writs of Foreign Attachment, which, after ap-
proceedings
in writs of proval by the Legislative Council , was duly published . It was
• Foreign notified on the 9th July that the same had been approved by
Attachment.
the Queen .
Gaol In consequence of the frequent delinquencies connected with
Commission. prison discipline, a Commission was appointed, on the 5th
March, to inquire into the condition of the Gaol , resulting in
'Governor
the creation of the appointment of a responsible head known as
of the Gaol
created . Governor of the Gaol of Victoria.' The post was conferred ,
Mr. Inglis on the 12th May, upon Mr. A. L. Inglis, the Deputy Sheriff,
appointed . who was sworn in as a Justice of the Peace on the same date.
Mr. Inglis, it will be remembered , had resigned the office of
Registrar- General in May, 1849 , * and subsequent records show
that he had done so in order to proceed to the gold fields of
California, which apparently had proved unprofitable to him.
No legal He had a good knowledge of the Cantonese dialect , and this,
authority added to the fact that he had before proved a valuable officer,
creation
fortitle
of and that there was a scarcity of reliable officers on the spot , no
'Governor doubt induced the Government to employ him again.
of the
Gaol,' Under what authority the title ' Governor of the Gaol ' was
Ante Chap. XI., p. 244.
MURDER OF MR . CHARLES MARKWICK, 429
created is not apparent. Ordinance No. 1 of 1853 for the Chap. XVIII.
Regulation of the Gaol ' gave no such power. 1857.
The Court House up to this time had been in charge of a Ordinance No. 1 of
military guard. This guard was withdrawn early in March, for 1853.
what reason is not shown , though it may have been due to short- Military
handedness, and to the more frequent calls on the military. The guard withdrawn
presence of the guard , it is recorded , had always induced an agree- from the
able feeling of security, and their withdrawal at the present crisis Court
House.
was not looked upon with any satisfaction , especially as the
Government was gradually proceeding with a reduction of the
Police Force, and it was not unnaturally considered , having
regard to the times, that it was acting unadvisedly, if not hastily.
An incendiary fire had stirred up the vigilance of the author- Incendiary
fire.
ities, and a body found without a head near the town, gave Hendless
people a disagreeable feeling of insecurity. Notwithstanding body found,
this, however, the authorities persisted in withdrawing the
military guard from the Court House and in reducing the Police
Force, though probably there was an excuse as regards the Feeling of
Europeans who formed part of the latter, taken in connexion insecurity.
with their irregular proceedings .
Mr. Alexander, the Registrar of the Supreme Court, pro- of
Departure
Mr.
ceeded on eighteen months ' leave of absence on the 11th Alexander,
March , being replaced by Mr. Masson, Deputy Registrar, and on Registrar,
leave.
the latter by Mr. F. W. Mitchell . Mr. Masson,
Ng King Leang, one of three prisoners condemned to death acting
Registrar.
at the extra Sessions of the 27th March, as being leaders in the Execution
revolt of the coolies on board the Gulnare, was executed on the of Ng King
Leang.
9th April in the presence of his two accomplices to whom grace
had been extended .
Order of the
On the 31st March was published an Order of Her Majesty Queen-in-
in-Council dated the 2nd February , providing for the conveyance Council of
2nd Febru
and removal of British subjects convicted of crimes and offences ary, 1857,
for the
committed within the dominions of the Emperor of China . conveyance
Mr. Charles Markwick, the Government Auctioneer, an old and removal
of British
man of sixty-three years of age, who had been resident in subjects
China for thirty years, was found strangled in his bed on the convicted
in China.
morning of the 2nd April. He had been sick and confined to Murder
his bed for some two or three weeks . The deed was perpetrated of Mr. C.
by his door - coolie, who decamped , the motive being robbery. Markwick,
Government
Arrested shortly afterwards outside the Colony, Ho Apo, the Auctioneer.
murderer, was tried before the Supreme Court on Monday, the
4th May, found guilty, and sentenced to be hanged, the execu
tion taking place on Wednesday morning, the 13th May.
* Upon this point see Vol. II., Chap. XXXVIII.
+ See antè Chap. VIII. § II., p. 183.
+ Ante Chap. XVI. § 11.. p. 383.
430 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XVIII . It is said of Chief Justice Hulme that he never carried his
1857. ' black cap ' when taking the Bench in Criminal Sessions . He
ly left it behind , and whenever a jury returned a
HulmeJustice invariab
Chief
and the verdict of guilty carrying with it a sentence of death , Chief
black cap . Justice Hulme would then retire for a few minutes, presumably
going for his black cap, ' and return into Court with the cap
on . *
Origin of the
black cap. It is popularly supposed that the black cap is assumed by a
Judge only in passing sentence of death . This, however, is a inis-
take. It is a portion of ordinary judicial costume, and is worn on
many occasions . It is an emblem, of course, of the Judge's great
judicial dignity and importance, he being entitled to be covered ,
even under the most solemn circumstances, and in the presence
of the Sovereign herself. It is worn when in presence of the
Sovereign, at her coronation , and in her courts. But the most
solemn occasion when the black cap is assumed is when passing
sentence of death. Immediately after the Clerk of the Crown
has " called upon the prisoner " to know " why judgment of
death should not be passed upon him to die according to law,"
the Judge solemnly places the cap upon his wig, and proceeds
with his sad duty.
Mr. Duddell
appointed
Government On the 14th April Mr. George Duddell was gazetted Govern-
Auctioneer.
ment Auctioneer in succession to Mr. Markwick, and Mr. James
Mr. Jarman, Jarman succeeded the latter as Appraiser of the Supreme
Appraiser
of the Court.
Supreme
Court.
Death of Mr. Mr. James Brown , solicitor and notary public, of the firm of
J. Brown,
solicitor. solicitors known locally as Gaskell and Brown, died on the
28th April , at the age of thirty- five.
Attempt At the Criminal Sessions held on the 2nd May, Chun Achee
to carry off
Colonel and two others were tried for high treason, the charge being
Caine and that he had confederated with others to kill or carry off Colonel
Mr. Caldwell.
Caine, the Lieutenant- Governor, and Mr. Caldwell, the Protector
of Chinese. Chun Achee being found guilty, sentence of death
was recorded against him, the two others being discharged.
Ordinance
No. 6 of 1857. On the 5th May, the Legislature passed Ordinance No. 6 of
1857 " for registration and regulation of the Chinese people...
and for other purposes of Police." It contained no less than
forty-five sections. The late troubles had called the attention
The Governor of Government to the necessity of ridding the Colony of the
proposes its many bad characters which infested it. After the Ordinance
suspension,
*
See the trial of Gibbons and others, for murder, February Criminal Sessions, 1859 ,
Chap. XXVI., infrà.
OPINION OF DR . BRIDGES COMMENTED UPON IN PARLIAMEN ♪. 431
had been actually published , an attempt was made by Sir John Chap. XVIII.
Bowring to suspend its action, so far as the registration itself was 1857.
concerned, on the plea of want of means, but the Governor was which is
objected
opposed by the Chief Justice , the Attorney- General, the Colo- tobythe
nial Treasurer, and the three non -official members of Council , Chief
Justice,
all of whom considered the measure one of absolute necessity Attorney-
for the safety and welfare of the Colony ; insisting that even General,
others. and
if there were no funds for such a purpose, application should be
made to the Home Government for a grant. The Ordinance, Ordinance
however, only survived but a short time, being repealed on the No. 8 of 1858,
10th May, 1858 , by Ordinance No. 8 of that year.
Dr. Bridges' conduct was now strongly commented upon in Dr. Bridges
consequence of his summoning two respectable inhabitants , tworespect-
Messrs. Mody and Dadhabhoy Eduljee, who lived opposite to ableresidents
for a public
him in Hollywood Road, for what he construed into " a public nuisance.
nuisance " under Ordinance No. 17 of 1844 , in that they had Ordinance
disturbed his rest on the night of Saturday, the 2nd May, till No.
1844.17 of
early morning of Sunday, "by a noise of singing, clapping of
hands, and stamping of feet, and where a convivial party was
being held, in consequence of which neither he nor Mrs. Bridges
could sleep." Mr. Davies, in dismissing the case, said the Ordi-
nance did not apply. Nor did it, and naturally occasion was Dr. Bridges
abused.
taken to abuse Dr. Bridges, a propos of whose conduct an
incident in the House of Commons on the 27th February,
1857, was now brought up and quoted , evidently in retaliation .
Sir James Graham, in his speech on Mr. Cobden's motion Sir James
regarding the seizure by the Chinese authorities in Canton Graham in of
the House
of the crew of the lorcha Arrow, sailing under British colours Commons.
but whose nationality was disputed by them and which was The Arrow
incident.
eventually the cause of our hostilities with China, in conse-
quence of their hauling down the British flag on board that
boat, said " that it was pretended that the owner was a British
subject, but that , " added Sir James Graham, " was only contended
for by the acting Attorney- General ; for our friend , Mr. Anstey,
had not arrived when these events happened , and Sir John " The ad-
vantage of
Bowring had only the advantage of the opinion of the acting the opinion
Attorney - General. " So much for Dr. Bridges ' interference with of the acting
Attorney.
his neighbours and for his officiousness . General."
Major-General Sir Robert Garrett, K.C.B. , having assumed General
Major-
the command of the troops in Hongkong, was sworn in as a Garrett.
* How this Ordinance could have been construed by Dr. Bridges as applying to such
an offence ' (sic) seems astonishing. As will be recollected , Ordinance No. 17 of 1844
was passed by Major-General D'Aguilar in connexion with the bamboo-beating nuisance
of the time and applied strictly to noises made by watchmen in private employ (see antè
Chap. II., pp. 56, 57) . It is not clear, however, under what law Major-General D'Aguilar
subsequently prosecuted and brought to conviction a Mr. Welch for an almost similar
' offence' as that which Dr. Bridges complained of (see antè Chap. III. § II., p. 87). A
resident, Mr. Strachan, seemed nearer the point when he construed clause 12 of section
2 of Ordinance No. 14 of 1845 , as applying to his case (antè Chap. XII. § II., pp. 304-306) .
432 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. -
XVIII . member of the Executive Council on the 25th May, but relin-
1857. quished that position on the arrival of Lieutenant- General the
Lieutenant Honourable Thomas Ashburnham , C.B , on the 12th June
General
Ashburnham, following, as Commander-in - Chief of the Land Forces.
Scene in A shameful scene took place in Court between the Attorney-
Court
between General and the acting Colonial Secretary, Dr. Bridges , at the
Mr. Anstey Criminal Sessions held on the 25th May . At the conclusion of
and Dr.
Bridges. the trial of The Queen v . Cheong Ah Ng, for larceny , after the
Regina v. Attorney - General had retired , Dr. Bridges, the acting Colonial
Cheong Secretary, informed the Chief Justice that the prisoner had been
Ah Ng.
Dr. Bridges improperly convicted , the witnesses being uns worn, the Ordi-
informs nance which allowed unsworn examinations (No. 15 of 1856 )
the Court
of the having been disallowed . It may be mentioned that The Govern-
disallowance
of Ordinance ment Gazette of Saturday, the 23rd May, contained a Notification
No. 15 of of the disallowance by the Home Government of Ordinance No.
1856 and
15 of 1856 , * — “ An Ordinance for amending the Law of Evidence
prisoner
wrongly and Trial by Jury," --the fourth clause of which was as fol-
convicted. lows :-
4. A heathen witness, in any Court or before any person empowered
to administer an oath, shall not be sworn either before or upon giving his
testimony, unless the said Court or person shall think fit so to direct ; in which
case the said witness shall be sworn according to his conscience . But every
heathen witness shall, before the taking of his said evidence, be by, or by
the order of, the said Court or person, duly warned to speak the truth, and
informed of the penalties to which, in case he shall not speak the truth he
will become liable ; it being hereby declared and enacted, that the penalties of
perjury shall be deemed and taken to apply to false testimony given by any
such witness, whether sworn or unsworn, in any case where, if he had given
the same upon oath, he would by law have thereby become liable to the
same.
An inexcusable oversight, it seems, was committed by the
local Government, in their not having officially notified the
Attorney- General of the disallowance of the Ordinance ; but
that Mr. Anstey was aware of it through the Gazette, he did not
profess to deny. Notwithstanding the disallowance, he allowed
the case to be tried without the witnesses being sworn--a course
in which, as will be shown, he was justified by the terms of a
subsequent Ordinance . But now for a description of what really
did occur in Court.
Immediately before the jury had returned their verdict , the
acting Colonial Secretary called to him the Crown Solicitor, and
pointed out that the Attorney-General had overlooked the dis-
allowance of the Ordinance, and that a verdict under the circum-
stances would be illegal, and might lead to the escape of the
prisoners . Mr. Cooper Turner thereupon crossed over to Mr.
* See antè Chap. XII . § II . p. 315 note.
THE INCONGRUOUS POSITION OF DR. BRIDGES . 433
Anstey, and told him what Dr. Bridges had said . Mr. Anstey, Chap.-XVIII .
however, took no further notice of it, but, on the verdict of 1857.
guilty being returned , instantly, as was his custom , it is
said, left the Court. Dr. Bridges then went up to the Regis-
trar's desk, and said something to the Chief Justice, which
appeared to be of the same tenor as the message delivered to
Mr. Anstey through Mr. Turner, for His Lordship sent for
the Attorney - General, and explained to him what had been said.
Mr. Anstey thereupon " expressed great indignation at the con-
duct of the Executive Government, as represented by Dr. Brid-
ges - said that they had not deigned to show him the despatch
disallowing the Ordinance, or even to communicate its tenor,
except through the Government notice open to all. " Mr. Anstey Mr. Anstey's
contempt
further intimated the utmost contempt for the technical quibble for the
started, ―and denied the right of the acting Colonial Secretary to quibble
started by
appear in Court at all. If he and his friends,' said Mr. Anstey, Bridges,
' think me unfit to fulfil my functions, there is another tribunal
before which they can cite me, and let them there do their worst.'
He then referred to cases reported in The Hongkong Register
for December, 1851 , and January, 1852 , and contended that the
Court had power [ under Ordinance No. 5 of 1856 , s . 4, * ] to admit
unsworn testimony, independently of the disallowed Ordinance.
lle also reminded the Court of cases where Mr. Hulme himself
had so ruled during the present Attorney- Generalship.
The Chief Justice , on examining the cases in question , said that The Chief
Justice's
it was so, and that he was of opinion the present conviction was ruling.
correct ; -but, says a report, " at the same time hinted in his
own quiet but firm way to the Attorney- General, that, since he
had been aware of the circumstance, it was his duty to have
informed the Court of the disallowance of the Ordinance, and
at all events thus have permitted him (the Chief Justice) the
exercise of his privilege. "
This matter again showed what a grave error had been com- The mistake
mitted in the bestowal of the Colonial Secretaryship with pri- committed
in appoint.
vate practice upon Mr. Bridges whose present offence could not ing Dr.
be looked upon as a slight one He was a sworn barrister Bridges
Colonial
practising in the Supreme Court and at the moment was waiting
The following was the section :-" Every Court, Magistrate, Commissioner, or offi-
cer qualified to take affidavits or depositions in any matter. civil or criminal, where any
person competent to give evidence or make affidavit therein shall refuse to be sworn
thereto, may, at his discretion, permit him or her to make an unsworn declaration or statement
of his or her testimony in the said matter, which said declaration or statement shall thence-
forth have the same force and effect in all respects as his or her deposition or affidavit (as
the case may be) to the like purport, if sworn to in the usual way, would have had :
But no such permission shall be granted to any person who shall not have been first, by
the said Court, Magistrate, Commissioner, or Officer, duly warned to speak the truth, and
informed of the penalties which he or she will incur by making a false declaration or
statement under this Ordinance ; and further, who shall not (unless he or she happen to
be a heathen) have first satisfied the said Court, Magistrate, Commissioner, or officer, that
his or her objection to take the oath proceeds from a religious or conscientious belief that
the taking of an oath is unlawful."
434 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XVIII. to make a motion in that Court ; he saw what he considered an
1857. illegal trial taking place, yet he allowed that trial to come to a
Secretary conclusion, and then , when he thought there was no remedy , he
with private interfered in an improper manner. Such startling revelations
practice.
must only have tended to prove that at least Mr. Bridges had no
great knowledge of law. As might be expected this little inci-
dent gave cause to unpleasant correspondence afterwards between
the belligerents , with backstairs trickery and undoubtedly coming
revenge as a prelude.
Mr. W. H.
Mitchell
Mr. W. H. Mitchell, Assistant Magistrate, Sheriff, and Mar-
goes on
Mr. May,leave . shal of the Vice- Admiralty Court, having obtained six months'
Assistant leave of absence on the 30th May, Mr. May was appointed as
Magistrate. before, to act in the various positions , Mr. Grand- Pré taking
Mr. Grand-
Pré, acting over the acting Superintendentship of Police .
Superin-
tendent of
Police. On the 23rd June the case of Tarrant v . Cheong Ahlum
Mr. W. was heard at Nisi Prius , when the Jury awarded $ 1,010 to the
Tarrant
recovers plaintiff, Mr. William Tarrant, editor and proprietor of the
damages local paper Friend of China,* for damages sustained in conse-
against quence of his having been poisoned by bread delivered by the
Cheong
Ahlum. defendant on the 15th January. It was evident that the action ,
even ifsuccessful , would be, in the result, only throwing water on
a drowned mouse. Cheong Ahlum may have originally gone into
Gaol a rich man, but it was expected that, when he was finally
released when orders as to his disposal were received from Home,
he would not carry very much out with him, except perhaps the
'white- wash. ' Consequently the verdict of $ 1,010 puzzled most
people to know why this case, brought by one of the several
hundreds poisoned, should have taken so much money to effect
a cure.
Mr. Anstey Curiously enough, in this case, Mr. Anstey, the Attorney- Gene-
and Dr.
Bridges ral, was counsel , and Mr. Cooper Turner, Crown Solicitor, solici-
as counsel tor for the plaintiff, while Dr. Bridges, acting Colonial Secretary,
in the case.
was counsel, with Mr. Stace, as solicitor, for the defendant. While
it did not appear that there was any great harm that the plaintiff
should have been represented as he was, considering the cause of
The anoma- the action, it certainly appeared anomalous, if not morally wrong,
lous
of Dr.position considering especially the cause of his then detention, that the
Bridges. defendant should have been represented by a gentleman who
then held the position of Colonial Secretary and in which he had
advised the Government. It will also be remembered that Dr.
Bridges had also defended Cheong Ahlum when on his trial for
the attempt at poisoning. † But such was then the state of affairs
in Hongkong that nothing would appear astonishing to any one
* See ants Chap. XII. § I., p. 280.
Antè Chap. XVII. § II., p. 416.
DR . BRIDGES AS REPRESENTATIVE OF SIR JOHN BOWRING . 435
familiar with the records of that time, and of course ' money ' or Chap. XVIII.
-
otherwise ' private practice ' formed the basis of these immoral- 1857.
ities .
In connexion with Dr. Bridges , a good story is told at this Dr. Bridges'
period having reference to a visit he paid on board H.M S. visit
Earl to
of the
Elgin
Shannon to the Earl of Elgin and Kincardine, Her Majesty's on board
H.M.S.
Plenipotentiary to China, who had arrived in Hongkong on Shannon.
the 2nd July. Having regard to the legal position he held ,
the narrative will not be considered out of place. As Sir John
Bowring was unwell on the day following Lord Elgin's arrival ,
Dr. Bridges , with Mr. Wade and Mr. Parkes, of the Diplomatic
Department, went off to the Shannon to convey the Governor's
regret at not being able to wait upon His Lordship . Dr.
Bridges, as representing the Governor, thought he had a right
to fly the Governor's flag, which he accordingly displayed on
the staff at the stern of the barge. As soon as this flag was Altercation
between
seen from the Shannon, the drums beat to quarters and a guard captain
of honour was drawn up ready to receive the Governor . One Peel andfor
Dr.
Bridges
of the officers on board, who knew both the Governor and Dr. flying the
Bridges, informed Captain Peel that the Governor was not in Governor's
flag.
the boat ; the crew and guard were thereupon dismissed , and Dr.
Bridges was received by Captain Peel on the quarter deck,
when the following conversation took place between him and
Dr. Bridges : -
Captain Peel.- What do you mean, Sir, by flying that flag ? You have
nearly caused me to give you a Governor's salute.
Dr. Bridges [ stammering and confused, but trying to look bold. ] -- Sir,
Sir, I represent the Governor.
Captain Peel. - You represent the Governor. You have no business to
fly that flag, Sir.
Here, it is reported , the post captain turned round and walked
aft, leaving "the representative of Her Majesty's representative
planted there to the admiring and quizzical gaze of the officers
and crew of H.M.S. Shannon . " In the meantime the two gen-
tlemen representing the diplomatic department were admitted ,
and after their audience, Lord Elgin, who, it is said , laughed
heartily at the discomfiture of Sir John's representative , desired
him to be admitted .
During his stay in Hongkong, Mr. Wade, in his capacity of Lord Elgin's
levée and
Chinese Interpreter, was attached to the suite of Lord Elgin , departure.
who held a public levée on the 8th July, and left for Calcutta
on the 16th of the same month by the Shannon.
436 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XVIII . The Criminal Sessions of June began on Tuesday, the 30th of
-
1857. that month. The list was a very long one and very important,
Constables
convicted as containing the names of six foreigners for trial on very
of extortion . serious charges . On the first day of the Sessions, two Police
Conviction Constables charged with extortion were sentenced to three
of Wong
Ahlin for months' imprisonment with hard labour, and a Chinaman named
burglary. Wong Ahlin convicted of burglary was sentenced to ten years'
transportation . He did not , however, remain long in prison , for
Granted a
free pardon. on the 27th October , 1858 , he received a free pardon , on what
grounds it does not appear, though it was surmised to be for
"good behaviour " only.
Capture and
conviction On Saturday, the 4th July, the trial of Eli Boggs, an Ameri-
of Eli Boggs, can, for piracy and murder, took place. He , like W. Fenton ,
the Ameri-
whose case is reported early in 1852 , * was a well known leader
can pirate.
of pirates, and several cases were clearly traced to him , especially
of shooting down men on board the different vessels attacked.
The United States Consul, now styled ' General ' Keenan,† with
the permission of the Court, addressed the jury on behalf of the
prisoner . The jury, taking a merciful view of his case, found
him guilty ofpiracy only, and the Chief Justice sentenced him to
transportation for life . It was matter for regret that an example
was not made of this man for the benefit of a large class of
men who were at this period still engaged in the same pursuits.
Trial of Another brutal case, in which Americans also were con-
Captain and
officers of the cerned , was tried on the same date . It was that against the
American master, the first and second officers, the carpenter, and the steward
ship John
Wade for of the American ship John Wade , for the murder of a seaman
murder.
of that ship. The master and first officer were defended by Mr.
Day, and, at the request of the Chief Justice, Mr. Kingsmill
undertook to watch the case on behalf of the others . The
evidence disclosed a most revolting series of cruelties perpetrated
on the deceased and all the crew, principally by the second
mate. Here again the jury took a merciful view of the case,
acquitting the last two and finding the other three guilty of
manslaughter. They were, as in the other case, sentenced to
transportation.
Chinese The authorities were now called on to interfere with the Trades
Trades Unions which had of late given trouble . They were in reality
Unions and
Secret secret associations which had long existed among the Chinese
Associations. in the Colony, and which were not confined to the artizans but
extended to every species of employment . The books of these
* Antè Chap. XII. § III., p . 316.
See antè Chap. XVI. § I., p. 363 .
See his release noticed in Chap. XXXI ., infrà.
On the subject of assigning Counsel to defend prisoners, see antè Chap. XVI. § 11.,
p. 381 , and references there given.
DIFFICULTIES IN OBTAINING RECRUITS FOR POLICE . 437
societies were in the hands of the Government and showed a Chap. XVIII .
--
system ofprivate intimidation by means of fines, of the existence
1857.
of which those best acquainted with the Chinese had no previous
conception. On the 10th July, a Government Notification Government
warning.
appeared upon the subject which was as follows : -
"Whereas, according to the law of England, every tradesman or mechanic
is at liberty to perform his work at whatever rate of remuneration it seems
good to himself to accept, and all combinations for the control of such liberty
are illegal : this is therefore to give notice that any persons found to be inter-
fering as above with the freedom of trade will be prosecuted by Government."
Important
Upon the publication of this warning, several important conviction
arrests and
arrests were effected and a large number of men fined for illegal forunlawful
assembly, consisting principally of tailors, shoemakers , and assembly of
tailors,
washermen . shoemakers,
and washer-
Strictures about the Police poured in again at this time. men.
Failure of
The Government , at their wit's end, decided upon making an attempt
attempt to enlist Malays in Singapore, but the attempt proved to enlist
a failure. Mr. Grand- Pré, on the other hand, succeeded in Malays at
Singapore,
securing at Macao the services of thirty Portuguese soldiers dis- for the
Police.
charged from the garrison there, their time of service having
expired. These men bore excellent characters and had been Mr. Grand-
strongly recommended by the Governor of Macao. The records Pré enlists
discharged
do not show how these particular men bore themselves after- Portuguese
wards , but from the frequent complaints made from time to time from
soldiers
Macao.
in regard to the constitution of the Force, it is doubtful whether
these helped in improving its morale. One cause assigned for
the unsatisfactory state of affairs was that there was, up to this No Police
period, no barrack accommodation for the men, who lived where accommoda-
barrack
they could, many of them " in low and dirty hovels " and under tion.
no discipline whatever.
In the middle of July instructions were received from the Cheong
Ahlum is
Secretary of State to discharge from custody Cheong Ahlum discharged
who had been under detention since the 5th February last, from custody
under
but he was only discharged at the end of July, on signing
bond that he would not return to the Colony before the expiry from the
Secretary
of five years under the penalty of one thousand pounds. This of State.
6
bond was drawn up by Mr. Inglis , the Governor ofthe Gaol. ' § His creditors
On signing it, Cheong Ahlum was at once discharged, and in the lurch.
immediately left the island , leaving his creditors in the lurch. Mr. Tarrant's
One of them, Mr. Tarrant, the editor of The Friend ofChina, who attack upon
had , it will be remembered, recovered damages against Cheong in Bridges
Dr.conse -
Ahlum. Having such a weapon as his paper at his command, quence.
* See Introduction , p. 24, note.
† Upon the subject of the Malay as a Policeman, see antè Chap. XII., p. 279.
See antè Chap. XVII. § II., p. 418 .
As to this title see antè p. 428.
438 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XVIII. Mr. Tarrant at once launched out in a violent attack on the
--
1857. acting Colonial Secretary, who was Cheong Ahlum's counsel ,
He is culminating in a charge of libel being brought against Mr.
prosecuted
by Dr. Tarrant by Dr. Bridges, which will be found referred to here-
Bridges after. * Baffled in his endeavour to obtain the proceeds of his
for libel.
Mr. Tarrant judgment from Cheong Ahlum consequent upon his release ,
addresses Mr. Tarrant, notwithstanding, on the 8th August, addressed
the Secretary the Secretary of State upon the subject.
of State.
Land recla- In connexion with the reclamation of certain lands along
mation.
The Bowring what was known as the Bowring Prayat and in reference to
Praya. which Mr. Anstey had incurred much ill - will , the question as
Secretary of to the mode in which compensation ( if any) was to be given for
State's
instructions damage, and the rents settled for lands not comprehended in
regarding the original leases, having been referred to the Secretary of
mode of
State, the following instructions of Her Majesty's Government
compensa-
tion for were received upon the subject
damage.
" There is no doubt that land recovered from the sea, whether artificially
or naturally, belongs to the Crown, and that the Crown is at liberty to dis-
pose of it in the same manner as of any other land in the Colony . But it is
also clear that the acquisition of such land by any other person than the
owner of the marine lot behind it, would very much diminish the value of
the marine lot, and in many cases render it useless for the purpose for which
it was acquired . While, therefore, the rights of the Crown and the interests
of the public require that the claim of the Crown to such lands should be
firmly maintained, a sense of justice requires that the equitable clains of the
holders of the original marine lots should be liberally considered .
The most practicable way of reconciling these interests would be to appoint
assessors on the part of the Crown and the proprietor of the marine lot, or,
if it be preferred, a jury, to assess the damage done to the original marine
lot by the creation of a new marine lot in front of it. To put up the new
marine lot to auction, and to allow the proprietor of the original lot to
acquire it at the highest price which may be bid for it, less the sum
assessed as the damage done to the original lot. If, however, he should
refuse to become the purchaser, then to pay to him out of the price of the
new lot the sum assessed as damage.
Some such arrangement would meet the justice of the case. It would, of
course, require modification to meet the peculiar circumstances of individual
cases, e.g., when the whole new land is not put up in a single lot . It would
also be necessary to provide that in no case should more be claimable as
assessed damages than the amount realized by the sale of the new lot. But
points of detail like these can best be settled by the local authorities on the
spot. It is sufficient to indicate the general principle on which such cases
may be dealt with."
These instructions were afterwards published in the form of
a Government Notification under the signature of Dr. Bridges,
as acting Colonial Secretary.
* See Chap. XIX., ubi suprà.
† Portuguese- Lit. ' Sea-shore.'
See his affidavit, antè Chap. XVI. § II., p. 392.
439
CHAPTER XIX.
1857 .
Mr. Anstey goes to India on sick leave.- Mr. Kingsmill acts as Attorney- General.-- Mr.
Anstey's career in Hongkong reviewed. -His fatal quarrel with the Chief Justice. - Local
editors memorialize ChiefJustice about accommodation for themselves and reporters. - Sixty
Chinese convicts transported to Labuan. - European convicts bribe native guards and
escape.—Trial and conviction of the guards. - Prosecution of Mr. Tarrant for libelling
Dr. Bridges.-The facts. -The verdict. - Fined £ 100.-- Mr. Tarrant's memorial to the
Secretary of State.- Mr. Tarrant's sympathizers pay his fine and costs.- Mr. Tarrant
boastingly publishes the list of subscribers. -Trial of Ma Chow Wong for confedera
ting with pirates. -A notorious pirate informer and suspected Imperial spy. - After
committal for trial Chief Justice grants bail. - The Chief Justice's discretion com-
mented upon. - Ma Chow Wong's threats after being bailed. - Ma Chow Wong and a
confederate found guilty. - The sentence. - Evidence of Eli Boggs, the American convict,
in the case.-A previous trial of Ma Chow Wong for felony. --After Ma Chow Wong's
conviction, Mr. Caldwell interests himself in the convict. - He impugns the verdict
of the jury.-Dr. Bridges, acting Colonial Secretary , induced to bring about an inquiry.
-The undue support held forth to Mr. Caldwell by Dr. Bridges. - Report of Messrs. May
and Inglis after the finding of the pirate's books . - Relationship by Chinese usage
between Mr. Caldwell and the pirate. -The baseness of Dr. Bridges' conduct. -A
Government inquiry is acquiesced in.- The law to take its course.' Ma Chow Wong
turned upon the roads. - Mr. Anstey's subsequent charges against Mr. Caldwell.-
The reason for Mr. Caldwell's exertions on behalf of Ma Chow Wong. - Ma Chow
Wong's career.-An anonymons letter in The Straits Guardian addressed to the Earl
of Harrowby on Hongkong affairs.-Letter attributed to Mr. Y. J. Murrow. - Mr. Mur-
row addresses the Earl of Harrowby setting out his grievances. - Mr. Cleverly, Surveyor-
General, gazetted to a seat in Council.-- Return of Mr. Mitchell, Assistant Magistrate,
from leave.- Ordinance No. 12 of 1857. - Complaints of Admirals on the station.--A
definite form when Admiral Sterling held command. - Mr. Tarrant repeats libel against
Dr. Bridges. He apologizes. - Death of Mr. Edger, member of the Legislative Council.-
Mr. Dent gazetted to the vacancy. -Major- General Van Straubenzee in command of the
Forces. The representatives of the late Chief Justice Hulme " advertized for in The
Times.--Advertizement a mystery.
MR. ANSTEY having been in poor health for some time, suffering Chap. XIX.
severely from chronic diarrhoea , a short trip to Macao having Mr. Anstey
been of no benefit to him, was granted six months' leave of Indiastoon
absence on the 27th July.He took his departure for Calcutta sick leave.
on that day by the Steamer Lancefield, being replaced in the
interim by Mr. Henry Kingsmill , the youngest member of the smill
Mr. King-
acts as
Bar. It was agreed that on the departure of Mr. Anstey, Attorney-
who had become a favourite with many people at one time General.
much opposed to him , the Colony would feel his absence,
for though stubborn, self- opinionated, and full of prejudices, he
was an honest and faithful servant of the Government, and a
fearless and determined reformer of abuses , where such existed . Mr.
careeAnstey's
r in
His uncompromising severity in the discharge of what he Hongkong
considered his duty made him many enemies , certainly among reviewed.
His fatal
those who ought to have had more sense ; but a better spirit ap- quarrel
parently had been manifested towards him before he left , though with
Chiefthe
it was admitted that his fatal quarrel with the Chief Justice* had Justice.
† Antè Chap. XVI. § II., p. 386.
440 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XIX . made his position as regards the latter always a peculiar one. As
1857. will be seen later on Mr. Anstey returned in December, a few
weeks before his leave was up.
Local editors
memorialize The editors of the newspapers , having memorialized the Chief
Chief Justice on the subject of accommodation for themselves and their
Justice
about reporters , were informed that in future they could take their
accommoda- seats with the professionals of the Court if there was room at their
tion for
themselves table and also that they might enter with the practitioners by
and the reserved door as was already notified in a board at the
reporters. entrance door nearest the Bench. *
Sixty On the 14th August was published a proclamation by the
Chinese
convicts Governor authorizing the transportation of sixty Chinese convicts
transported to the Colony of Labuan, and, shortly afterwards , that number
to Labuan.
left by the Annie. News reached Hongkong not very long after
that ten had died in Labuan, having been mostly " in a sickly
condition when landed ."
European On Saturday, the 29th, Mr. Inglis , the Governor of the Gaol ,
convicts
bribe native became aware of the fact that three of the European convicts
guards under his charge, named Luscomb, Wallace, and Rogers , had,
and escape. with the assistance of two of the native guard, Indian Police
Constables , who had been bribed for the purpose, made their
Trial and escape from the Gaol. Tried at the Criminal Sessions held on
conviction
of the the 2nd November, these two men were sentenced to two years'
guards. hard labour. Of the three who escaped , Wallace was the only
one re-captured, being found eventually on board the Homer at
Amoy.
Prosecution The Criminal Sessions for August commenced its sittings on
of Mr.
Tarrant for Monday, the 31st August. There were two cases ofvery consider-
libelling able local interest on the list set down for trial , -- one of them a
Dr. Bridges. charge of libel against Mr. William Tarrant, the other a charge
of confederating with pirates against a well known character
named Ma Chow Wong. With regard to the former , the fol-
lowing is a brief account.
The facts. After the trial of Cheong Ahlum in February last, for a whole-
sale attempt to poison the foreign community by means of
6
arsenic mixed in the bread issued from the Esing ' bakery,
and which resulted in an acquittal, Cheong Ahlum was re-
apprehended† under No. 2 of 1857 -the Deportation Ordinance
-as a suspected person, and committed to prison on an order
signed by Mr. May, the Acting Assistant Magistrate and She-
riff ; but was subsequently detained by warrant under the sig
nature and seal of His Excellency the Governor until the
pleasure of the Home Government could be ascertained regard
See antè Chap. XII. § III., p. 319, and references there given.
† See ante Chap. XVII. § II., p . 418,
MR . TARRANT PROSECUTED FOR LIBELLING DR . BRIDGES. 441
ing him. When this occurrence took place, Dr. Bridges was Chap.--XIX
simply a barrister practising in the Court here, and as such had 1857.
been applied to to defend Ahlum, under agreement that he was
to receive the sum of $ 1,000 for so doing. He likewise acted
as counsel for Cheong Ahlum in several civil actions , for
which, he received additional fees, amounting to $ 150.
Shortly after Cheong Ahlum's re-incarceration, Mr. Mercer left
the Colony on leave, * and Dr. Bridges was appointed acting.
Colonial Secretary, with the right of private practice.
In his capacity of barrister, therefore, he was employed
to defend Cheong Ahlum in an action for damages brought
by Mr. Tarrant, in which the latter was awarded the sum
of $ 1,010. Meanwhile Cheong Ahlum was detained a pri-
soner ; but in the middle of July, instructions came from
Home that, unless some further circumstances had transpired
implicating him in the poisoning affair , he was to be set at
liberty. Accordingly the Governor ordered his release, but
Dr. Bridges, aware of the claims against him, and on which he
naturally supposed writs of detainer had been issued and lodged
in the hands of the Sheriff, told His Excellency that the Home
Government could not interfere in such matters , and , with Sir
John Bowring's sanction , consulted the Chief Justice as to how
he should manage. Mr. Hulme gave it as his advice that
Cheong Ahlum should be transferred from the criminal to the
civil list of prisoners, but , for security, detained in the criminal
side of the Gaol. This was accordingly done, the Colonial Secre-
tary still labouring under the impression of writs having been
issued . For twenty-two days was Cheong Ahlum thus illegally
kept in prison , until at length his solicitor thought fit to do what
he should have done long before, namely, applied to the Colo-
nial Secretary to know on what grounds his client was detained
.
in Gaol, seeing that instructions for his release had been receiv-
ed from Home. The Colonial Secretary replied that he was held
under arrest by civil process ; and was much astonished to learn
then for the first time that he was in error, and that no writs
had been issued . Now made aware of the mistake he had com-
mitted, Dr. Bridges wrote up to the Governor for further
instructions, and was told to set Cheong Ahlum free ; but in
the dread that imputations might be cast upon him, inas-
much as he had acted as counsel for the prisoner both in the
Criminal and Civil Courts, he, by order of Sir John Bowring,
directed the Governor of the Gaol to warn the Sheriff, that un-
less detainers were served upon Cheong Ahlum within twenty-
four hours, the latter would at the end of that time be released
from prison. The order was shown to Mr. May, the Sheriff,
* Antè Chap. XVII., p. 425,
+ Id., p. 434.
442 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XIX. and he, it seems , objected to serving the writ upon a prisoner
1857 . within the precincts of the criminal prison , but told Mr. Inglis,
the Governor of the Gaol, that he would see about it in the
morning. Morning came, then afternoon , without anything
being done in the matter by the Sheriff, and in accordance with
the instructions, Cheong Ahlum, having found securities for
the amount required , was discharged at the appointed hour, three
o'clock, and quitted the Colony, leaving his creditors to recover
the money due to them in the best way they might. *
Among others thus left in the lurch, but who had, of course,
only themselves or their attorneys to blame for it, was Mr.
William Tarrant, with his unliquidated claim for damages of
$ 1,010 . He , instead of blaming himself for negligence, chose
to look upon the discharge of Cheong Ahlum as a piece of chi-
canery on the part of the acting Colonial Secretary, and
accordingly, without apparently troubling himself to institute
inquiry as to the truth of his suppositions , grossly libelled Dr.
Bridges in his newspaper, as follows :--
" We are placed , by the verdict of one of the most respectable juries
ever empanelled in this Colony, in a position to challenge the Insolvent's
Balance Sheet ; and should it be, as we shall not be surprised to find , that
Ahlum's bankruptcy is due not so much to his very proper stoppage at busi-
ness here as to some astounding extortion in the shape of lawyer's fees, or
payment of hireling scribes the facts will duly be made patent to the public,
and , it will be hoped, produce a public benefit, -so that the jury's award
will not, in any case, be altogether lost." †
And again ‡
"Dr. Bridges's action in the matter of releasing Ahlum the poisoner from
durance, forms a climax to the many extraordinary things of his perform-
ing since he has acted as Colonial Secretary. The Sheriff was informed
that bonds would be given conditioned for the non-return of Ahlum to
this Colony for five years - and on receiving such bonds Ahlum was to
be released. The Sheriff, in consequence of this notification, told the
Gaol Governor to be prepared to let him go ; and, a few hours after
telling the Gaol Governor this, Ahlum was out and off ! -Mr. Inglis, in the
exercise of his judicial capacity, did what was needful with the recognizances
tendered said documents being drawn, it is believed , by Dr. Bridges him-
self-neither the acting Attorney-General nor the Crown Solicitor knowing
anything about them.
There are many who will say, " Well, Ahlum is off, a good riddance of
bad rubbish." But what say his creditors ?. Of course, the reason why Dr.
Bridges has managed to get Ahlum away quickly and quietly is apparent
to all. The sums drawn by him, Dr. Bridges , for managing the case would
not have been allowed had he, Ahlum, gone through the Insolvent Court.-
Dr. B. — in short, dreaded the exposé threatened in our issue of Saturday,
the 25th ultimo. But what can the public think of a Government that, to
all intents and purposes, licenses swindling-that literally holds out a pre-
mium to villainy of the deepest dye ? "
Dr. Bridges, indignant at such an unfounded charge being
brought against him, intimated to Mr. Tarrant that unless he
Sce antè Chap. XVIII., p. 437 .
Friend of China, 25th July, 1867 .
Id., 5th August, 1857.
MR . TARRANT CONVICTED OF LIBELLING DR. BRIDGES . 443
publicly contradicted and apologized for his misstatements, he Chap.- XIX.
would prosecute him for defamation . This the latter refused 1837.
to do , sending instead a most unsatisfactory message ; and
nothing therefore was left for the complainant but to proceed
against his libeller either civilly or criminally . The case was
accordingly placed in the hands of the acting Attorney - General ,
Mr. Kingsmill ; and the criminal proceedings reported below were
the result, ending in a verdict of guilty and a fine of £100 .
No attempt was made either to disprove the libel or to prove
justification- the questions put to the witnesses for the defence
being totally irrelevant to the matter at issue. The jury was
an excellent one, and Mr. Tarrant had had a special jury by his
own request, and some of its members, it was said, were his
personal friends. The case was so clear, that there could be
no two opinions as to the verdict, and the Chief Justice in his The verdict.
charge pointedly said so. Previous to passing sentence, he
administered to Mr. Tarrant, the following rebuke : -
" You have been guilty (said His Lordship) of a gross, malicious, and
libellous attack upon Dr. Bridges, aspersing his character as a private indi-
vidual, as a professional gentleman, and as a public officer. Any one (con-
tinued the Chief Justice) is liable to err, but when a mistake is discovered or
pointed out, there is nothing unmanly in acknowledging our error, and
nothing ungentlemanly in apologizing for what we may have said or done
while labouring under misapprehension ; and I feel assured that, had you
tendered an apology, Dr. Bridges would have accepted it, and would not
have placed you in the position in which you now stand."
The Chief Justice particularly drew Mr. Tarrant's attention to
the report in The Friend of China of the 26th August, purporting
to be a fair account of the proceedings before the Chief Magis-
trate, and which he, Mr. Tarrant, when he inserted it, must
have known to be untrue. * It was far from His Lordship's
intention to interfere with the liberty of the Press , but it was
" In
his duty to see that its high privileges were not abused .
the present instance, " said Mr. Hulme, " you, William Tarrant,
have been fairly convicted by a jury of having wilfully maligned
William Thomas Bridges , Doctor of Civil Law ; and the sen-
tence of the Court is, that you be fined one hundred pounds , Fined £ 100 .
and be imprisoned till the same be paid . "
The following was the report in question :-
“Why did not the Register give the gentlemanly depositions according to his notes ! -
What can we anticipate in the shape of injury to our case by their publication ? As he
has not done so, we will here do it for him-
Magistrate. You had no money for defending Ahlum, you say, so you could fear
nothing ifhe went through the Insolvent Court.
Dr. Bridges.- No. - I did not say that-I said I had no money from Ahlum. Tam - chocy
and Asow brought me $1,000.
Mr. Tarrant. - So, Sir, you first swore you had none of Ahlum's money, and then, when
examined by the Magistrate, could not conceal that you had had $1,000 from others for
account. Before swearing this, you. of course, satisfied yourself that that was not Ahlum's
money or money to be repaid by Ahlum. And now, Sir, let me remind you that you
444 HISTORY OF THE LAWS, ETC. , OF HONGKONG.
Chap. ΧΙΧ. It will be remembered that it was in reference to this case that
1857. Mr. Tarrant had addressed the Secretary of State relating the
Mr. Tarrant's
memorial circumstances leading to the present action and which referred
to the to Dr. Bridges ' relations with Cheong Ahlum, displaying at the
Secretary same time anxiety on his part in connexion with the suit, to
of State.
the end probably that any complaint of his to such high
quarters might influence Dr. Bridges to withdraw the charge
Mr. Tar-
rant's against him. As it is, except for the mental anxiety the
sympathizers action must have caused him, Mr. Tarrant was not much out
pay
and his fine of pocket , for meeting with sympathizers outside, as in the case,
costs.
Mr. Tarrant under similar circumstances some years back, of a previous
boastingly editor of the very paper which he now conducted ,† a subscrip-
publishes
the list of tion ( for which Hongkong, as in the case of addresses to depart-
subscribers. ing officials , is noted, as will be noticed as this work proceeds )
was got up in his behalf. fully covering the fine and costs which
he had been subjected to in defending the prosecution . Mr.
Tarrant afterwards boastingly published the list of subscribers. ‡
Trial of Ma The other case, tried at the same Sessions, was that , as before
Chow
Wong for stated, of the famous, or rather infamous, Ma Chow Wong. This
confederat- man, a notorious pirate informer and suspected Imperial spy, in
ing with
pirates. whose shop a cargo of sugar, piratically taken from a trading
A notorious junk was found, was committed for trial on the 20th July for
pirate
informer and aiding and abetting pirates. Ma Chow Wong, it may be added,
suspected was, in 1854 , connected with Ye Fong, the rebel chief who
Imperial
spy. then held Shanghai, and at that time was engaged in Hong-
kong in enlisting recruits for him. The night he was appre-
hended he offered the constable who effected his arrest a
After com- After his committal
mittal for bribe of $ 1,000 to allow him to escape.
have spoken only of the criminal case. It is on record that you have had $ 1,000 for that.
Well-what about that civil action of mine ?---Did you get nought for that ?
Dr. Bridges. None of Ahlum's money.
Mr. Tarrant.--None of Ahlum's --whose then ? Love and affection case, eh ?
Dr. Bridges.- Mr. Stace paid me my fees.
Mr. Tarrant.- Oh !-Your Worship will be good enough to take a note of that reply-
First, Dr. Bridges led the Court to believe he had nothing-then that he had $1,000 ,—
and now it comes out he has had more. To Dr. Bridges.--And now, Sir, the amount, if
you please ?
Dr. Bridges.- I have not got my Fees Book with me. It was, let me see, seventy-five
-one hundred- two hundred and twenty-five--say, two hundred and twenty or fifty
dollars.
Mr. Tarrant.- Is that all ?-Take time ; don't be in a hurry, you are on your oath,
mind. No contract for more if Ahlum should get rich in his own country ?
Dr. Bridges.- (with rapt smile) -Contract ! -No !
Mr. Tarrant. And this, from Mr. Stace, you swear was not Ahlum's money ? Thank
you, that will do. Had we had two independent justices on the Bench at this moment,
as I requested at the commencement of the case, it would stop here." -Friend of China,
August 26.
* Ante Chap. XVIII., pp. 437, 438.
† See antè Chap. III. § II., p. 83.
See the case against Mr. Y. J. Murrow for libelling the Governor Sir John Bowring,
tried at the Criminal Sessions in April. 1858, (infrà Chap. XX. ) wherein the Chief Justice,
alluding to the above case as " setting the law at defiance " by the fine imposed upon the
defendant Tarrant having been raised by subscription, sentenced Mr. Murrow to im
prisonment besides the infliction of a fine !
CONVICTION OF MA CHOW WONG FOR ABETTING PIRATES. 445
for trial, he applied for bail which the Magistrate refused ; but Chap. XIX.
on application to the Supreme Court, the Chief Justice ordered 1857.
bail to be taken . His Lordship was believed to have acted trial Chief
Justice
rather incautiously in this matter, and was taken to task ac- grants bail.
cordingly. The Magistrate's better knowlege of the character The Chief
of the man ought, it was considered, to have carried weight with Justice's
discretion
the Chief Justice who, it was said, "leading the quiet and commented
secluded life he did , " possibly knew little of what was occurring upon.
in the Colony among the native portion of the community,
except through the newspapers, and therefore had but limited
means of estimating the man's true character. The very first Ma Chow
use the ruffian made of his freedom was to threaten the witnesses Wong's
threat after
who had given evidence against him and this at the very door being
of the Magistracy, and for which he was recalled before he bailed.
left the Gaol and bound over to keep the peace . But notwith-
standing these strong comments upon the discretion exercised
by the Chief Justice, Ma Chow Wong did not abscond . He
was brought to trial on Wednesday, the 2nd September, on a
charge of confederating with pirates , when he was found guilty
by a majority of five to one. He was defended by Mr. Day.
A man named Wong Achoi, defended by Mr. Green , was Ma Chow
Wong and
tried along with him for participation in the same acts , and a confeder
was found guilty unanimously. Both were sentenced to found guilty.
fifteen years' transportation. Evidence of attempting to bribe The sentence.
the Police was adduced , and Eli Boggs, the American Evidence
Eli Boggs,of
*
pirate convict, sentenced last July, swore that he had seen the American
Ma Chow Wong on board the pirate fleet in which he was , convict , in
and it may be noted also that Ma Chow Wong had once before,
in 1847 , stood his trial at the Supreme Court for felony in being
concerned in a robbery committed in a European shop , when he
escaped the clutches of the law. Having for so many years A previous
trial of Ma
been enabled to place the Police authorities at defiance, it is not Chow Wong
to be wondered at that his countrymen were afraid to expose him, for felony.
or that any one assisting in his prosecution should afterwards have
been subjected to the wrath of his patrons. But their ven-
geance was baffled , and two cases of receiving bribes against Tong
Aku , the Police Court Interpreter, by whose zeal and integrity the
conviction of Ma Chow Wong was brought about, and against
Sun Ah See, Chinese clerk at the Police Court, both of whom
had suffered very harsh treatment in consequence, from the
time of their arrest until discharged , broke down upon investi-
gation before the Magistrate.
After Ma Chow Wong's conviction , it will hardly be credited After Ma
that the Protector of Chinese, Mr. Caldwell, interested himself conviction,
ChowWong's
* Ante Chap. XVIII., p. 436.
446 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap.-XIX. in the convict to the extent of impugning the verdict of the
1857. jury upon the plea that the criminal's notorious character had
Mr. Caldwell blinded the jurors ! Mr. Caldwell, at whose investigation the
interests
himself in charges were preferred against Tong Aku and Sun Ah See,
the convict. could hardly bring himself to believe that his principal, if not
He impugns
the verdict most " trustworthy " informant, and whom he had through
of the jury. ill or good report always supported (tringing to one's recol-
Dr. Bridges, lection that other pirate, Too Apo, of 1847 fame* ) , was guilty
acting
Colonial of the offence of which he had been convicted, and he now
Secretary, exerted himself by himself petitioning the Government, and in
induced to
bring about inducing the acting Colonial Secretary , Dr. Bridges , who seems
an inquiry.
to have had implicit confidence in Mr. Caldwell, to bring about
an inquiry into the whole facts, before the Executive Council.
An important element not to be lost sight of was that in the
books found in Ma Chow Wong's possession, there were entries
of pecuniary transactions between him and Mr. Caldwell.
The undue
support Another extraordinary circumstance is shown in this matter
held forth by the undue support which Dr. Bridges held forth to Mr.
to Mr. Caldwell. After the finding of the books in the pirate's posses-
Caldwell
by Dr. sion , Mr. May, Superintendent of Police, and Mr. Inglis,
Bridges.
Governor of the Gaol, were directed to inquire into and report
Report of upon them. Subsequently Mr. May reported thus : --
Messrs . May
and Inglis " Ma Chow Wong has been apprehended and his house searched , the books
after the
and papers being seized , amongst the latter are some papers in Mr. Cald-
finding of
the pirate's well's writing, showing that he had taken a direct interest in the business of
books. Ma Chow Wong. There are some entries in Chinese of moneys received
from or for Mr. Caldwell."
Relation- Mr. Inglis ' report was corroborative of Mr. May's as regarded
ship by an evident intimacy between Mr. Caldwell and the pirate, and
Chinese
usage be went so far as to allege " a relationship by Chinese usage between
tween Mr. them ." Dr. Bridges, however, saw fit thus to remark on Messrs.
Caldwell and
the pirate. May and Inglis' report : -
"I have no hesitation in advising His Excellency that I conceive both Mr.
May and Mr. Inglis to be more actuated by a desire to injure Mr. Caldwell,
of whose position both are jealous, than by a real wish to advance public
interests."
The baseness The frivolousness, to say nothing of the baseness of this alle-
of Dr. ct . gation, was most apparent .
Brid- Mr. May's length of service and
ges' condu
ability, it is recorded , gave him prospect for promotion to the
Magistracy entirely irrespective of the Registrar- General's
standing in the way ; and Mr. Inglis ' after-advancement to the
Harbour Mastership and Marine Magistracy was a probability,
* See antè Chap. IX. , p. 190, and references there given.
See the finding of the Executive Council in the charges brought by Mr. Caldwell
against Mr. May- Vol. II., Chap. xxxv.
MA CHOW WONG, THE PIRATE , FINALLY DEALT WITH . 447
in which Mr. Caldwell's position could in no way interfere ; Chap. XIX.
--
while judging morally there were no grounds for assuming that 1857 .
either Mr. May or Mr. Inglis would depart from the strict line A Govern-
of probity for the simple purpose of injuring a brother - officer. ment inquiry
After the inquiry had been acquiesced in, however, and after in,
lengthy sittings in which the Governor, Lieutenant- General
'The law to
Ashburnham, Colonel Caine, and Dr. Bridges himself took part, the la
it was decided to allow the law to take its course. course.'
Ma Chow Wong, who up to this time had been allowed to retain Ma Chow
his ' queue ' in defiance of the prison rules which authorized the Wong
upon thturned
e
docking of tails of all Chinese sentenced to transportation, was roads.
turned upon
the roads on the 27th October, along with the
other convicts pending deportation . It will be seen later on, in Mr. Anstey's
reference to the charges which Mr. Anstey, the Attorney-Gene- subsequent
charges
ral, brought against Mr. Caldwell, that it was not astonishing against Mr.
Caldwell.
that the latter had so very much exerted himself in endeavouring The reason
to obtain Ma Chow Wong's release. it
It may be appropriate here for Mr. Cald-
to mention that the piracy of which this man was convicted was well's exer-
tions on be.
only one of a huge series extending over several years. The half of Ma
Chow Wong.
case wherein he had been convicted was a most horrible one, a
Ma Chow
boat of which he was part owner having captured a vessel laden wong's
with sugar and other goods, the crew, including some of their career.
wives, were murdered and thrown overboard , while part of the
cargo, as before stated, was placed and found in the pirate's
warehouse, and formed evidence in the investigation. *
The attention of the community was drawn at this time to An anony-
an anonymous letter in The Straits Guardian , of the 22nd mous in Theletter
August. on the subject of Hongkong affairs, and addressed to Straits
Guardian,
the Right Honourable the Earl of Harrowby. The document addressed
which occupied six-and-a -half columns of the paper was criti- to the Earl
of Harrowby,
cized locally as a strange admixture of truth and falsehood , on Hong-
and, though anonymous, its origin was traced to a certain "dila- kong affairs.
pidated individual " in Hongkong. Amongst others, Governor
Bowring, Colonel Caine, ex- Sheriff Holdforth, Mr. Mercer, Dr.
Bridges, Mr. Anstey, Mr. Cooper Turner, Mr.Caldwell , against
all of whom the writer was known to have an ill - will, came
in for abuse . Consequent upon this letter being attributed Letter
to Mr. Y. J. Murrow (whose name already appears in this attributed
to Mr Y. J.
work in connexion with Mr. Anstey, in February last ) ,† Murrow.
he, on the 30th September, addressed Lord Harrowby denying addresses
Mr. Murrow
that he was the author of the letter, and at the same time setting the Earl of
forth the treatment to which he had been subjected in con- Harrowby
setting
sequence from the hands of the Hongkong Government." Mr. out his
grievances.
See further Chap. XXIV., infrà., as to Ma Chow Wong, and his banishment to Labuan.
↑ Antè Chap. XVII. § II., p. 421.
448 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XIX. Murrow then proceeded to set out his grievances, attributing
1357. especially an increase in his land taxes to spite consequent
upon the authorship of the letter under consideration being
attributed to him, as there could be no question that he was the
party referred to as being a dilapidated individual, ' " because
our truculent Attorney - General in one of his splenetic effusions
that he converts the Supreme Court into an arena for indulging
in , designated him by calling him a dilapidated individual.'
This, no doubt, was a reference to the case of Cheong Ahlum ,
with regard to which Mr. Murrow, it will be remembered , had
complained without effect to the Governor about Mr. Anstey.*
Mr. Cleverly , On the 17th October the Surveyor - General, Mr. C. St. G.
Surveyor- Cleverly, was gazetted to a seat in the Legislative Council.
General,
gazetted to
a seat in
Council. On the 5th November Mr. W. H. Mitchell having returned
to the Colony and resumed his duties as Assistant Magistrate,
Return of Sheriff, and Marshal of the Vice- Admiralty Court, Messrs . May
Mr. Mitchell,
Assistant Ma- and Grand- Pré reverted to their respective offices of Superin-
gistrate, from tendent and Assistant Superintendent of Police.
leave.
A draft Ordinance, entitled " An Ordinance for checking the
spread of venereal disease," which had been read a third time
in the Legislative Council, was published in the Gazette of the
14th November and subsequently passed on the 24th of that
month and numbered 12 of 1857. Great complaints had been
Ordinance made by the Admirals on the station , ever since Hongkong
No. 12 of
1857. was a British settlement, of the serious diseases of a certain
Complaints kind contracted by their men on shore which almost made
of Admirals
on the their ships ineffective. These complaints assumed a definite
station . form while Admiral Sir James Sterling held the command, ‡
A definite
form when and it was then proposed to pass an Ordinance which, after
Admiral reference to the Home Authorities , now assumed a practical
Sterling held form.§
command.
Mr. Tarrant Mr. Tarrant, the editor of The Friend of China, having re-
against libel
repeats Dr. peated in effect the same libel for which he was fined in August
Bridges . last on the verdict of a jury, Dr. Bridges again brought him
before the Magistrate's Court. He gave evidence of a similar
character to that adduced on the first occasion . Mr. Tarrant
then said he had been writing under a misapprehension . Dr.
Bridges said he had no desire to trouble the Colony with such
prosecutions ; all he wanted was to vindicate his character.
* Antè Chap. XVII . § II ., p. 421. - See further in reference to Mr. Murrow and his
grievances, Vol. II., Chap. XXXVI.
Antè Chap. XVIII., p. 434.
See antè Chap. XIV. § II., p. 341 , note.
See further Vol. 11.. Chap. XL.
A MYSTERIOUS ADVERTIZEMENT. 449
On this Mr. Tarrant offered to make the necessary apology to Chap. XIX .
be drawn up by Mr. Davies, the Chief Magistrate , and there, 1857.
apparently, the matter ended . He apolo-
gizes.
Mr. J. F. Edger, unofficial member of the Legislative Coun- Death of Mr.
Edger, mem
cil, * died at Shanghai on the 19th November, at the age of fifty- ber of the
five, and on the 26th December Mr. John Dent was gazetted to Legislative
Council.
the vacancy . Mr. Dent
gazetted to
On the departure from the Colony, on the 19th November, of the vacancy.
Major-Gene-
Lieutenant-General Ashburnham ,† Major- General Van Strau- ral Van
benzee , having assumed command of the Forces, was duly sworn Straubenzee
in command
in as a member of the Executive Council. of the Forces,
The following advertizement relative to the Chief Justice Therepresen
tatives of
appeared in the second column of The Times of the 1st December . "the late
It caused astonishment in the Colony afterwards, for no one Chief
HulmeJustice
" ad-
had ever heard of a contemporary Chief Justice Hulme, and vertized for
Mr. Hulme, the Chief Justice of Hongkong, the community in The Times.
were pleased to think, was still among them, and though an in-
valid, yet able to perform the functions of his office, -" a bless-
ing," it was said , " the Colony need well be thankful for. "
Rumour spoke of the Chief Justice's intention to retire at the end
of the year, if Government would grant him a reasonable pen-
sion after his long service in such a trying climate as that of
Hongkong, " when," added the report, the appointment of his
successor would then he looked for with much anxiety by all Advertize
ment a
in China." As it is, the advertizement was a mystery, nor was
mystery.
it ever explained away :--
The late Chief Justice Hulme.-The representatives of the above gentle-
man are requested to communicate with Messrs. Wilkinson & Kidd , Saddlers ,
257 Oxford Street, Corner of Park Street, W.
* See antè Chap. XII . § I., p. 287.
Antè Chap. XVIII., p. 432.
450
CHAPTER XX.
1857-1858 .
SECTION I.
1857 .
Return of Mr. Anstey from leave.-Attempt to bribe him.- Compromise of felony not
only excused but encouraged by laws of China. - Mr. Anstey's recommendation upon the
subject. The Chief Justice approves. Apathy of the Chinese.-Loong Ah Sai charged
with attempt to drown a European.-Warning of Government to boat people witnessing
offences to render assistance.--Government Notification in 1880, on the law regulating the
arrest of offenders by private persons.- Marriage of Mr. Kingsmill, barrister. -Escape and
capture of the notorious convict Ho Ah Chee. -Improvements in the Gaol under Mr.
Inglis.
SECTION II.
1858 .
Office of assistant Superintendent of Police abolished . Mr. Grand-Pré appointed
'Collector of Police and Lighting Rates.'-Mr. Weatherhead appointed clerk of the Supreme
Court. Proceedings of the Legislative Council published for the first time . - Meetings of
the Legislative Council again asked to be held with open doors . -Motion in the Legislative
Council for admission of strangers forwarded to Secretary of State.-Orders for admission
to the Press issued. -Ordinance No. 1 of 1858. -Unsatisfactory state of affairs in the
Supreme Court.-Complaints of the Chinese against extortionate charges of attorneys.-
Frequent postponements and reference of cases to arbitration.-Cases adjourned at request
of attorneys without assigning reason or for want of an interpreter. -Complaint at cases
being frequently referred to Mr. Caldwell as arbitrator. -The Chief Justice taken to
task. Mr. Caldwell's heavy fees -The Chinese and their confidence in Chief Justice
Hulme. - Ordinance No. 3 of 1858 , s . 14.- Dissatisfaction in respect of the legal profes
sion. -The Attorney-General approached upon the question of amalgamation of
the profession.- The barristers' letter to Mr. Anstey upon the subject. - Mr. Anstey's
reply. The correspondence communicated by Mr. Anstey to the Law Society.-
The reply of the Secretary to the Law Society. - Meeting of the two branches of
the profession.- Mr. Anstey in the chair.-The result of the meeting.--Ordinance No. 3
of 1858.-Ordinance No. 12 of 1858.-Robbery and murder in the shop of Mr. Glatz,
watchmaker.- Capture of the murderer, Look Ah Song.-Interesting speech by Mr. Anstey
upon the state of crime in the Colony. -The Attorney-General congratulates the Court upon
reduction of piracy cases and attributes same to conviction of Ma Chow Wong.--Convic
tion and execution of Look Ah Song . - Case of Teep Ching Leu r. Lum Ah Kun, damages
for false imprisonment.-Extraordinary conduct of Mr. Anstey. counsel for plaintiff, in
his private capacity. - Mr. Anstey causes the defendant to be taken into custody for per
jury. Thejurors protest and allude to defective interpretation . Mr. Anstey leaves for Can-
ton. Mr. Anstey's arrest.- His reply to the protest of the jurors. The question of inter-
pretation treated. -Discharge of the defendant. Criticisms. - Complaints against the fee
paid for marriage to the Chaplain. Mr. Anstey's opinion. -Admission of Mr. Hazeland as an
attorney of the Court.- He joins Mr. Cooper Turner. the Crown Solicitor .- Wong A
Shing, the first Chinese juryman in Hongkong.-Mr. Anstey asks for Police protection.-
Conviction of two Chinese, one a pawnbroker, for larceny and receiving stolen property.-
Heavy sentence of transportation against the pawnbroker, the receiver.- The pawn
broker's sentence is commuted without the Attorney-General being consulted . The Chief
Justice and the Executive.-Ordinance No. 11 of 1858.-Escape of convicts from Gaol.-
A turnkey the worse for liquor. -The validity of marriages in China. Despatch from the
Foreign Office. - Mr. G. W. Caine, Colonel Caine's son, appointed Secretary to the Super-
intendency of Trade, vice Morrison. on leave. - Ordinance No. 2 of 1858. - First Ordinance
published in Chinese.-Motion of the Chief Justice that proceedings of Council be pub
lished as recorded in the Journal of the Clerk of Councils. - Ordinance No. 3 of 1858.-The
Crown against Mr. Y. J. Murrow for libelling the Governor, Sir John Bowring.- The inte
rests of the firm of Jardine. Matheson, & Co. , in which the Governor had a son a partner.
THE APATHY OF THE CHINESE. 451
-The facts. -The defence.--The Chief Justice's summing up.- The verdict.--The defen-
dant sentenced to imprisonment and fine.-Mr. Murrow in the debtors' prison. -Afflicted
with Bowring-phobia.'-Sir John Bowring's shameful administration.- Mr. Murrow con-
ducts his paper in prison.-His attacks against Sir John Bowring continue unabated.-
The Illustrated London News upon the case and the weakness of Sir John Bowring.--On
his release Mr. Murrow claims $5.000 damages against Sir John Bowring. - Frequent
attempts at incendiarism.-Chu Aqui, a notorious pirate, at the head of incendiaries.- Mr.
Kingsmill, J.P., and Assistant Magistrate, rice Mr. Mitchell on leave.- Departure of Lady
Bowring. Her death. - Divorce and Matrimonial Causes Act 20 and 21 Vict. c. 85.-
Ordinance No. 5 of 1858.
Chap. XX § I.
--
MR. ANSTEY returned from leave in India on the 13th Decem- Return of
ber per P. & O. steamer Cadiz , and at once resumed the duties from
Mr. Anstey
leave.
of his office. He returned before the expiry of his leave. *
A day or two after his return, an attempt was made by the Attempt to
friends of a prisoner in Gaol to bribe him. Mr. Austey had the bribe him.
man brought before the Chief Justice at the then pending Criminal
Sessions - not for punishment, as he said, but for warning ; for,
as Mr. Anstey remarked, the offence had been committed in Compromise
ignorance, compromise offelony, though condemned by the laws of of felony
only not
excused
England , being not only excused but encouraged by the laws of but encour
China. He had therefore brought the matter under His Lord- aged by laws
of China.
ship's notice, so as to secure his recommendation of a proposi- Mr. Anstey's
recommenda-
tion that means be adopted by the Government for pointing tion upon the
out to the native population the discrepancies betwixt their and subject .
our laws. The Chief Justice signified his most cordial approval The Chief
Justic e ap-
of such a step . proves.
The apathy of the Chinese, as pointed out in 1853 in the Apathy of
case of a serious assault and robbery upon Captain Mont- the Chinese.
gomery in which a by-stander stood on looking, without
affording the slightest assistance and who was afterwards
charged with misprision of felony, † was never more evident
again than when Loong Ah Sai, a coolie , stood charged in the Loong Ah
Supreme Court, on the 29th December, for attempting to drown withcharged
Sai attempt
a European . Though a large number of boat people and other to drown a
Chinese were present when the offence was committed , not European.
one of them offered the faintest help. The Government Warning of
issued a notification on the 1st January, 1858 , warning " all Government
to boat
registered boat people that it was their duty on witnessing people wit
assaults, robberies, or similar outrages to assist, so far as it may nessing
bences to
be in their power, the parties attacked , and not to push off render assist.
ance.
or in any way show a
from or neglect to return to the shore, or
culpable indifference as to the result." This warning was as
valuable as preaching in the desert, for it is one of those cha-
racteristics peculiar to the Chinaman which nothing will eradi-
cate.‡
* See ante Chap. XIX. , p. 439.
+ See Antè Chap. XIV. § I., p. 334.
See further on this subject, Vol. II., Chaps. LXXII., and LXXXIX.
452 HISTORY OF THE LAWS, ETC. , OF HONGKONG,
Chap. XX § I. The admirable suggestion of Mr. Anstey, however, to point
1857. out to the Chinese the difference between their own laws and
our own as regards the compounding of felony, although it met
with the full approval of the Chief Justice, was as a matter offact
Government never given effect to , but so long afterwards as in November,
Notification #
in 1880, on 1880, whether as an endeavour again to arouse the Chinese as
the law re-
to their sense of duty as citizens to render assistance whenever
gulating the
arrest of it was needed of them , or for whatever reason not recorded, the
offenders by Government issued a notification in English and in Chinese setting
private
persons. forth the law regulating the arrest of offenders by private persons.
What was the result of this notification it requires no clear- headed
person at all acquainted with such a people as the Chinese and the
migratory nature of the population of Hongkong, to foresee.
Marriage of On the return of Mr. Anstey from leave in India, Mr. Kings
Mr. Kings.
mill, barris- mill had to relinquish his temporary position of acting Attorney-
ter. General . Four days afterwards, the following interesting event
is to be found recorded in reference to him :---
" Marriage.- At St. John's Cathedral, Victoria, Hongkong, on the 17th
December, by the Right Reverend the Bishop of Victoria, Henry Kingsmill,
Junior, Esq., barrister-at-law, eldest son of Mr. Henry Kingsmill, of Sid-
monton, in the county of Wicklow , to Frances Elizabeth , eldest daughter of
the late Mr. Benjamin Warren, of Gloucester Terrace, Hyde Park, London.”
Escape and An important capture was effected at this period when a
capture of
the notorious notorious burglar named Ho Ah Chee, who had twice escaped
convict Ho from prison, fell into the clutches of the law again.
Ah Chee. The last
time, he was under sentence of transportation for fifteen years
for burglary committed in June last , and was to have been sent
to Labuan in the Annie in August last. Instructions had been
given some days previously that none of the convicts to embark
should be sent out on the roads ; but Ho Ah Chee not only
managed to evade the order the day before the ship sailed, but
effected his escape- it was thought in a sedan chair provided
for that purpose by his wife. Within ten days after his escape,
he broke into a house and secured $200 and was living quietly
in West Street, Taipingshan, when the authorities, hearing of his
whereabouts, arrested him. At the Criminal Sessions held on the
29th December, he was sentenced to two years ' imprisonment,
at the expiry of which his former sentence was to take effect.
Improve- Referring to the Gaol it may here be said that great improve-
ments in the
Gaol under ments had of late taken place since the appointment of Mr.
Mr. Inglis. Inglis as Governor of the Gaol, -a marked contrast as com-
pared with the past . Every prisoner had now his allotted task
* See Vol. II., Chap. LXXII.
Ante Chap. XIX., p. 440.
Ante Chap. XVIII., p. 428.
IMPROVEMENT IN THE GAOL. 453
and no one was allowed to remain idle ; until very recently, Chap. XX § I.
the prisoners were in a measure left to the freedom of their own 1857.
wills, and contractors had to be engaged for every trifling bit
of work that had to be done or repairs to be made within the prison
walls . With Mr. Inglis ' advent not only were the rules of the
Gaol rigidly enforced, and the prison become a model of order
and cleanliness, but also ( besides the convicts employed in out-
door labour ) gangs of prisoners were organized consisting of
bricklayers, blacksmiths, carpenters , and others, and every de-
scription of work done by the convicts themselves, under the
personal supervision of the Governor of the Gaol . Ch. XX § II.
1858.
On the 1st January it was notified that, in consequence of Office of As
the office of Assistant Superintendent of Police having been intendent of
abolished, * the Governor had appointed Mr. A. Grand -Pré to Police
position , abolished.
-a position,
be " Collector of the Police and Lighting Rates "-a Mr. Grand-
it was said, which much better fitted him. The abolition of the Pré appoint-
Assistant Superintendentship of Police was, no doubt, owing to ed Collector
Mr. Caldwell having been taken into the service again, and Lighting
Rates.'
therefore through economy, as on Mr. Caldwell's re - employ Mr. Weather.
ment† be relinquished Police duties and had been given a better head
and higher position , with corresponding emoluments, than what appointed
clerk of the
he previously held or drew. On the 8th January Mr. Alfred Supreme
Court.
Weatherhead was gazetted Clerk of the Supreme Court.
For the first time in the history of the Colony, the pro- Proceedings
ceedings of the Legislative Council were published, on the of the Legis
lative
9th January, in The Government Gazette of that date. This Council
was a marked improvement on the past, and public opinion again
to asked
be held
now went further, and again demanded that the meetings of the with open
doors.
Legislative Council should be held with open doors.
Motion in the
Accordingly a motion in the Legislative Council , on the 11th Legislative
January, recommending the admission of strangers to the sit- admission
Council forof
tings of the Council on the introduction of members, was un- strangers
forwarded to
animously agreed to, and the Governor engaged to forward the Secretary of
same to the Secretary of State and to solicit his approval thereof. State.
This approval was afterwards received, and orders of admission admission
Orders forto
to the Press were issued on the 10th June. the Press
issued.
The Legislature, on the 11th January, passed Ordinance No. Ordinance
1 of 1858, further improving the law of criminal procedure in No.1 of 1858.
respect of informations and indictments .
* The first Assistant Superintendent of Police was Mr. Caldwell (antè Chap. v. § II.,
p. 128) who resigned the appointment in July, 1855, when he was succeeded in that posi
tion by Mr. Grand-Pré (ante Chap. XVI. § I., p. 361) .
† Ante Chap. XVII. § I., p. 408.
See antè Chap. XVII. § I., p . 406 .
454 . HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. XX § II. Delays in the hearing of causes in the Supreme Court, due
1858. to one cause or another, now began to be talked about, and
Unsatisfac- innumerable had been the complaints on all sides and amongst
tory state of
affairs in the the Chinese especially of the extortionate charges of the attor
*
Supreme neys . The unvarying reply to the complaints as to the law-
Court.
Complaints yers' charges apparently was that the aggrieved party could
of the Chi- always have their bills taxed , but unfortunately it was not cus-
nese against tomary then for the attorneys to tender bills to their Chinese
extortionate
charges of clients, though in some isolated cases presumably it may have
attorneys.
been done-the practice having been to name a certain sum for
which the attorneys would undertake a case, though they man-
aged generally to add a supplementary item to the account,
especially when their client proved successful. Whether this
system was in accordance with the rules ofCourt was not known,
but the Chinese knew little about the taxing of costs. But the
subject to which attention was more particularly drawn was a
Frequent custom which had crept in, under the Summary Jurisdiction of
postpone-
ments and the Court, of postponing cases from month to month, to the
referring frustration of justice and manifest injury of the party having
cases to
arbitration. right on his side, or, which was as bad, referring them to arbitra-
tion instead of deciding them in Court.
Cases Cases occasionally occurred which of necessity were delayed
adjourned
reque at
st of at- for a Sessions or two, but it was expected that in such cases the
torneys with Chief Justice would assure himself of the necessity for the post-
out assigning
reason or for ponement . But what ought to have been the exception had
want of an
now become the rule, and at every sitting of the Court, hearings
interpreter.
were postponed at the simple request of the attorneys, no reasons
for such postponement or at all events no proofs being demanded
at their hands. Often enough also cases were adjourned for
want of an interpreter.†
Complaint at A similar complaint applied to arbitration . The cases were by
cases being
frequently no means apparently so complicated as they were made to appear;
referred to and had the attorneys taken the trouble, which they professed
Mr. Caldwell
as arbitrator. they had, the statements to be laid before the Judge for decision
would have been promptly enough simplified . Cases were fre
quently referred to Mr. Caldwell , the Protector of Chinese, as
arbitrator, either by order of the Chief Justice or at the request
of the attorneys or of the parties themselves. The Chief Justice ,
it was said, enjoyed a very handsome salary for the performance
of his duties , and though Chinese accounts were sometimes
rather intricate and confused, a little trouble on the part of the
The Chief lawyers would have enabled His Lordship to arrive at the merits
to task. taken of the case, as readily at all events as Mr. Caldwell ; nor was
Justice
* On this subject, see antè Chap. XI., pp. 219 , 238 ; also Chap. XXII., infrà, and Vol.
II., Chap. XXXVII .
On this subject , see antè Chap. XVI, § 11., p. 381. and references there given.
COMPLAINTS ABOUT THE SUPREME COURT. 455
there any reason why the Chief Justice, arduous as his duties Ch. XX § II.,
were, should have shifted them from his own shoulders to 1858.
those of one less able to bear them, and whose qualifications to well's
Mr. Cald
heavy
decide questions of law, and even of equity, were, as was very fees.
properly remarked, by no means of the highest order. Be-
sides, there was no necessity for clients to be put to additional
expense in such matters, for it was not to be expected that Mr.
Caldwell laboured without pay. The Court and lawyers ' fees
were heavy enough without those of an arbitrator being super-
added. In a recent case where the sum at issue was about $250
and the fees in which amounted to $ 60, it is recorded that
more than one-half had gone to Mr. Caldwell ! This was cer-
tainly scandalous , and it was therefore high time that attention
should be drawn to the subject.
It was not supposed that the Chief Justice had given the
matter much consideration , but as pointed out, for each delay an
additional expense was incurred in the shape of fees for at-
(
tendance,' notices, ' etc., all of which fell heavily upon the
losing party. One thing, it was asserted, the Chief Justice The Chinese
and their
could depend upon was, that the Chinese had perfect con- confidence in
fidence in the justice of his decisions, and that, for or against Chief Justice
Hulme.
them , they in all cases preferred his verdict to that of any
inferior officer ; and as for postponements, the uncertainty
was more annoying in many instances than an adverse decision
would be. The Chinese litigants and others not unnaturally
therefore hoped to see in future postponements of cases in Sum-
mary Jurisdiction refused without sufficient cause shown , and
that the Chief Justice as a rule would decide the cases himself
without reference to an arbitrator, even though such arbitrator
were invested with the honorary title of " Protector of Chinese . "
Thus summarized would appear to have been the grievances
against the Supreme Court and the attorneys at this date.
Ordinance No. 3 of 1858 , regulating proceedings in the Supreme Ordinance
Court, by section 14 , however, partly remedied the evils com- No.
s. 14.3 of 1858,
plained of as regards the hearing and postponement of cases in
Summary Jurisdiction . Dissatisfac-
tion res-
In consequence of the dissatisfaction existing in regard to the potinth
pect ofthe
legal profession , as alluded to above, the Attorney- General had legal profes-
sion.
been approached upon the subject by the majority of the barris- The At-
ters in practice in the Colony, and the question of amalgamation torney- Gene
suggested to him as a possible means of appeasing the public ral ap-
proached
mind in a matter wherein they felt the greatest concern . upon the
question of
The following was the letter addressed to Mr. Anstey upon amalgama-
the subject, with his reply to the same :- tion of the
Hongkong, January 8, 1858. profession.
Sir,-We beg to call your attention, as the leader of our profession in this The barris-
Colony, to the dissatisfaction so generally felt and expressed by the com- ter's letter
456 HISTORY OF THE LAWS, ETC. , OF HONGKONG .
Ch. XX § II. munity at the rules which impose separate duties upon barristers and attor-
neys. Practical experience has convinced us that there does not exist here
1858.
as at Home a necessity for the division of the two branches of the profession,
to Anstey
Mr.th
upon e and we are, therefore, willing to give up our peculiar privileges as barristers,
subject. and, by consenting to an amalgamation of the profession, bring about a solu-
tion of the existing difficulty .
We shall be glad to find that you concur with us in our opinion , and should
such prove to be the case, we request you to take such steps as you may deem
necessary for carrying out a measure, which may relieve the community
from a burden which need not be inflicted upon it, and which in no way
raises the character or improves the real interests of the legal profession here.
We have the honour to be, Sir, your most obedient servants,
W. T. BRIDGES.
JOHN DAY.
HENRY KINGSMILL.
The Honourable T. C. ANSTEY, Esq.,
H. M.'s Attorney- General,
&c., &c., &c.
Mr. Anstey's Mr. Anstey's reply was as follows :-
reply.
Attorney-General's Office,
Hongkong, January 9, 1858.
Gentlemen, -Your letter of yesterday is before me. I am not aware that
any " dissatisfaction is felt or expressed by the community at the rules which
impose separate duties upon barristers and attornies,"-still less that the
feeling has been " general."
91
In a pecuniary sense, the division of the two branches " of the profession
deserves to be styled by you 66 a burden inflicted upon the community. " But
I need not say that the " burden " may be accompanied with advantage. It
is no small advantage to possess that double check and mutual control which
is the client's security against the occasional incapacity, carelessness, or ex-
tortion of the legal adviser.
Nevertheless, if the advantage be wanting, the burden ought not to be, and,
if the " practical experience " to which you allude shows that, in this Colony,
the client has not the security in question, it is impossible to resist your con-
clusion, that there does not exist here, as at Home, that necessity for " the
division of the two branches," which, as I have said , alone can justify us in
maintaining it.
In that view, I, " as leader of the profession, " incline to accede to the de-
mand which you personally (for Mr. Green's subscription is wanting,) address
to me in that capacity, and , I am quite willing, if both branches concur, to
take some trouble to carry the proposal into effect.
That concurrence is indispensable before I can proceed. It must not be
forgotten that the division which it is now your purpose to obliterate was the
act of one of yourselves : arising immediately from the demand of exclusive
audience for the bar, made by a barrister, and ordered by the Court.*
Therefore, if I proceed without the concurrence of the other branch, it will
be not unfairly said, that the profession has been divided for the sake of the
bar alone, and is now to be re-amalgamated in the same interest, and that the
rights and feelings of that respectable body, the other branch of it, are thus
made the victims of the cupidity and caprice of the branch to which you and
I belong .
Undoubtedly this had reference to Dr. Bridges application to the Court in 1831 ,
immediately after his admission to the local bar. Mr. Anstey did not come to the Colony
till long after, but with his acuteness he must have found this out afterwards. See ante
Chap. XII. § II , p. 302.
PROPOSED AMALGAMATION OF BARRISTERS AND ATTORNEYS . 457
I shall consequently feel obliged by your attendance at a meeting of the Ch. XX § II.
profession at large. With the Governor's sanction, I hope to be able to con-
1858.
rene that meeting by Notification in to-day's Gazette.
The subjects to be discussed will naturally embrace –
1. The propriety of the suggested change ;
2. The practical method of effecting it ;
3. The future status of the two branches ;
4. The mode of securing the expected advantage to the community ;
5. The precautions to be taken for its protection against wrong ;
And whatever topics are incidental to these. I shall be glad to hear your
further views if you have any to offer.
I have the honour to be, Gentlemen, your most obedient servant,
T. CHISHOLM ANSTEY,
Attorney- General.
The Hon. W. T. BRIDGES, Esq., D.C.L.
JOHN DAY, Esq.
HENRY KINGSMILL , Esq.
The above correspondence Mr. Anstey considered it his duty The corres
to communicate to the Hongkong Law Society, and the follow- pondence
communi-
ing is the letter which the Secretary to the Society addressed to cated by Mr.
Anstey to the
the Attorney-General in reply :- Law Society.
Hongkong, 11th January, 1858. The reply of
the Secretary
Sir, —I am instructed by the Hongkong Law Society to acknowledge and to the Law
thank you for your communication to us of the contents of the letter of Society.
Messrs . Bridges, Day, and Kingsmill to you, dated the 8th instant, and of
your reply of the 9th instant.
The Society denies altogether the truth of the allegation that dissatisfac-
tion is generally, if at all, felt or expressed by the community at the rules
which impose separate duties on barristers and attornies, but on the contrary
asserts, that such separation is approved of, and is beneficial to, the com-
munity ; and that as much necessity exists in Hongkong for the division of
the two branches as at Home, and perhaps a greater. The Society dissents
entirely from the amalgamation , for reasous which will, if necessary, be fully
stated ; and trusts that no proposition , having that object, will be entertained
by you with a view to legislation on the subject.
I have the honour to be, Sir, your most obedient servant,
EDWARD K. STACE ,
Secretary to the Honghong Law Society.
Accordingly a meeting of the two branches of the profession
was decided upon, and the Attorney- General issued the following
notice which appeared in The Government Gazette: ----
NOTICE.
The Attorney-General requests the attendance of all the members of either
branch of the legal profession at the Court House, on Tuesday next, the
12th instant, at the hour of noon, to take into consideration a certain pro-
posal which has been laid before him, affecting the relative positions in future
of barristers and solicitors within this island.
Attorney-General's Office,
Hongkong, 9th January, 1858 .
* See antè Chap. xv.. pp. 353, 354,
458 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. XX § II. Pursuant to the foregoing notice, the meeting was held in
-
1858. the Court House on Tuesday, the 12th January, at noon,
Meeting of
the two bran- there being present, Mr. Anstey, the Attorney- General, Dr.
ches of the Bridges, the acting Colonial Secretary, Messrs. Day and
profession.
Kingsmill, barristers ; and Messrs. Gaskell, Parsons, Stace,
Cooper Turner, and Moresby, solicitors. A letter was handed
in from Mr. Green to the effect that he was too unwell to
attend, but he, while admitting the necessity for a change
of some kind, dissented from the proposal of his learned
brethren.
The following is a condensed report of the proceedings at this
meeting, taken from the records of the time, and which cannot
fail to enlist the utmost interest :-
Mr. Anstey The Attorney-General, having been requested to take the chair, invited the
in the chair. discussion of the questions for which the meeting was summoned .
Dr. Bridges said that he did not understand that there was to be any dis-
cussion, still less that any decision by vote was to be come to, and as the
bar would plainly be out-voted, he should withdraw if any question were put
to the vote.
The Attorney -General observed that it was clearly intended that discus-
sion should take place, his letter of the 9th instant expressly using the word
' discussed ' and stating the subjects.
Mr. Gaskell moved the following resolution :-" That there does exist here
as at Home a necessity for the division of the two branches of the profession."
He observed that the attorneys were also notaries, and that it was desirable
that the two branches of the profession, whose functions were essentially
different, should be kept distinct. The attorney's time was fully occupied in
the numerous details of a general practice, and he had not time to acquire
that knowledge which was requisite for discharging properly the business of
a barrister.
Dr. Bridges said that the business of attorney and barrister had been car-
ried on most satisfactorily in this Colony by one gentleman ; and he knew
an instance in which great injury was done to a client because etiquette pre-
vented the solicitor advocating his case before the Court.
Mr. Parsons seconded Mr. Gaskell's resolution . In answer to Dr. Bridges
he said that exceptions only proved the rule. " In the multitude of coun-
sellors there was safety." Historical evidence was entirely in favour of the
division of the two branches. The only countries where British law, or
what was analogous, prevailed , in which nominally an amalgamation of the
two branches had been made, were the United States and Canada, but prac-
tically there was the same division of labour there as here ; a lawyer was
called counsellor and attorney. But in fact one set of men devoted themselves
to counsellor's business and another to attorney's business. He denied that
the community here desired the amalgamation and contended that it would be
an injury to them . Doubtless it was a burden to have to pay two lawyers
instead of one, but was not the advantage more than commensurate- two
heads were better than one, and the mutual check tended to greater security
A quotation from Prov. XI. 14 ; XXIV. 6.
1
PROPOSED AMALGAMATION OF BARRISTERS AND ATTORNEYS . 459
as well as greater accuracy. If the amalgamation were effected unprincipled Ch. XX § II .
-
barristers might go into partnership with unprincipled attorneys, and instead 1858.
of the mutual check there would be a mutual combination to pluck the com-
munity. Again, it was a benefit to the Colony to have a periodical infusion
of lawyers from Home, which the amalgamation would tend to impede. A
barrister would not come to lower his rank ; an attorney would not come to
compete with a barrister in a branch which he had never learned and for
which he was not educated . But, assuming that a fusion of the two branches
took place, could an equality be established ? The bar offered to give up its
privileges, but could it give up its privileges ? It had a status here as else-
where which no Oriinauce could disturb. Would the offices of Chief Justice,
Attorney-General, Colonial Secretary , or Chief Magistrate be open to the
attorneys ? Assuredly not. The attorneys in full confidence had introduced
barristers to their clients, as possessing superior qualifications, not supposing
that they were thus furnishing clients to the barristers to their own loss,
which would be the case if the amalgamation took place ? Again, would
the barrister put off his gown and bands, or would the attorney assume those
habiliments ? Would the barrister consent to be disbarred ? He had merely
glanced at some of the effects of an amalgamation, the meeting would readily
work out the result into such details as would plainly show that a great
social evil , would be caused by destroying the existing division of the two
branches . But the public interest was paramount, and if the opinion of the
community were clearly expressed upon a plain case, stating the advantages
and disadvantages of analgamation, of course, the profession must give way
and fight for their living as best they might, or evacuate a Colony which
had no further occasion for their services. With these observations he left it
to the meeting to determine the question raised by Mr. Gaskell's resolution.
Mr. Day said that Mr. Parsons appeared to be under a misapprehension
that the bar wished to injure the attorneys ; such was far from being the
case ; the bar had been continually assailed by the public press as being the
cause of ruinous law expenses, and in vindication of themselves they came
forward and said we will waive our privileges as barristers, if you place all
on the same footing . They considered that the attorneys would be benefited .
He (Mr. Day) was placed in an auomalous position ; he had always acted on
strict professional etiquette, and would not receive instructions except through
an attorney. Repeatedly he had refused briefs direct from the merchant, the
consequence was that he heard no more of them, they having been accepted
by his less scrupulous professioual brethern. He did not wish for an amal-
gamation, but he did wish for an arrangement by which all should act on one
principle.
Mr. Kingsmill did not wish to interfere with attorneys ' business , much of
which he would rather not be compelled to do.
Dr. Bridges, barrister and acting Colonial Secretary, said that , it did not
follow, because an attorney offered a retainer of only ten dollars, that it was
offered on behalf of his client....
The Attorney-General thought that every gentleman of the bar was bound
to assume that it was so offered. Else it would be necessary for the barrister
to go to the client, behind the attorney's back, and say, “ Sir , did you author-
ize your attorney to offer me only what the Ordinance allows him to offer ? "
A question which no gentleman would put. While on this subject he (the
Attorney-General ) would say in reference to Mr. Day's observation on the
odium excited by the indolence and rapacity, real or imaginary, of the profes-
sion, that the profession had it in their power to remove all just cause of
complaint without resorting to the doubtful measure of amalgamation. There
was, in the first place, that remedy which lay within the reach of every man,
460 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XX § II . to work conscientiously, not to be exacting overmuch. Let the bar in parti-
cular make that their rule. Let them endeavour to obey the Ordinance,
1858.
instead of setting themselves contumaciously to withstand it. If the law
says that $ 10 shall be the retaining fee, why extort $25 from client and
attorney." He (the Attorney-General) did not preach what he did not
practise. At all events it was preposterous, he thought, for gentlemen, who
disdained to follow his example, to seek any other way to the contentment
of the public expectation.
In the next place, however, if change there must be, he thought that some-
thing far short of amalgamation would meet the exigency. He was quite
prepared , if the attorneys wished it, to propose that the client--if he so
thought fit- might have audience in Court through his attorney. Further than
this he did not at present like to go, at any rate not to the length of the pro-
position before the meeting as to which, by the way, he had received since
the chair was taken, a letter from Mr. Green of this bar expressing his repug-
nance to it. It was, indeed, a most dangerous one ; nor ought it to be adopted
without ample securities against oppression and fraud. It would be necessary,
for instance, to declare barristers incompetent to form professional partnerships
inter se or with attorneys. Their fees must be subjected to taxation, like
attorneys' costs. Double fees or costs must be prohibited , etc., etc. , and,
when all was done, it would still be found that, then as now, your real reformer
is he who reforms himself.
The Acting Colonial Secretary (Dr. Bridges) said that he did not care
what the Ordinance said-- he meant to draw his $25 retainer ; $ 10 would not
suit him. The Ordinance merely said that more should not be allowed on
taxation. He had obtained the opinion of the Chief Justice that he was
right.
Mr. Gaskell observed that the same Ordinance having abolished the dis-
tinction of acts as between party and party, and as between solicitor and
client, it followed that if Dr. Bridges were to have his way, the $ 15 dis-
allowed on taxation of his retaining fee would have to come out of the attor-
ney's pocket.
Dr. Bridges made no answer, but rose to leave the meeting.
The Attorney- General then put the resolution which was carried nem.
con., the barristers not voting against it, and the attorneys being unanimous in
favour of it.
The thanks of the meeting having been presented to the Attorney- General,
that gentleman left the chair and the meeting broke up.
The result of Taken in conjunction with the agitation for amalgamation
the meeting . which again sprung up in May, this year, undoubtedly as one
Ordinance result of this meeting, Ordinance No. 3 of 1858 regulating pro
No. 3 of 1858, ceedings in the Supreme Court and which, inter aliâ, dealt with
Ordinance taxation of costs , and Ordinance No. 12 of 1858 " for Practi-
No. 12 of
1858. tioners in Law, " promulgated and passed on the 22nd March and
12th July respectively, must be considered as having been meant
as a possible or partial remedy of the evils complained of. ‡
* In regard to this point, it may be mentioned that a summons in chambers was
taken out by the barristers calling upon the solicitors to show cause why they should not
pay the sum of $25 retaining fee instead of $10. It came on for hearing before the Chief
Justice on the 7th January. After hearing Dr. Bridges and Mr. Parsons contrà, the Chief
Justice suggested the matter should be referred to the Law Society, and the matter stood
adjourned sine die. On this subject see also antè Chap. XII. § II., p. 309, and Ordinance
No. 14 of 1856, sch. II.
infrè.
+ Chap. XXII.,
+ See further Vol . 11., Chap. XXXVII., as to Ordinance No. 12 of 1858.
MR. ANSTEY UPON THE REDUCTION IN CRIME . 461
On the evening of Tuesday, the 26th January, the shop of Mr. Ch. XX
- § II.
Glatz , watchmaker in Queen's Road, was the scene of a dreadful 1858.
murder, the victim being a young French boy named Hyacinthe Robbery murder inand
Glatz , the adopted son of Mr. Glatz , who was thirteen or fourteen the shop of
years old and who had been left in charge of Mr. Glatz's shop . On Mr. Glatz,
the latter's return after a short absence from his shop , he found watchmaker.
the boy in a back room dead with his throat cut . The shop had
been plundered of watches, rings, and other articles ofjewellery
to the value of several thousand dollars . Suspicion fell upon Capture of
the shop coolic , Look Ah Song, who had disappeared . By the Look Ah
murderer,
exertions of the Police the murderer was shortly afterwards Song.
captured in Macao and brought back.
At the opening of the Criminal Sessions on Friday, the 29th
January, the Attorney-General. Mr. Anstey, rose and said he
had to inform the Court that the murderer of the unfortunate
French boy had been captured and was then before the Coroner's
jury, that he had acknowledged himself guilty, and that he intend-
ed to adhere to that acknowledgment and plead guilty at his trial
in the Supreme Court. The Attorney- General proposed , with His
Lordship's permission, to arraign the prisoner at the bar of the
Court that day, and he had therefore taken the liberty , without
consulting His Lordship, to draw an indictinent . The verdict
of the Coroner's jury would be delivered in about an hour, and
the indictment would go upon that. The Attorney - General Interesting
further said that this would add nothing to the labours of the speech
Mr. Anstbyey
Session which, he was happy to say, would be a very short one, upon the
state of crime
as it consisted , excluding the case of murder, of only four cases. in the
It would be in His Lordship's recollection that the Sessions had Colony.
been very light for some time past ; -the circumstance had also
attracted his (the Attorney- General's ) particular attention , and
he was particularly struck with the very small number of cases of
piracy, which formerly constituted the bulk of the calendar. On
this he ( Mr. Anstey) put himself in communication with the
proper authorities, and he was furnished with the following
facts during the first eight months of last year one hundred
and ten cases of piracy had been reported to the Police- in the
last four months of the same year, only eighteen cases had been
reported . During the first eight months fifty- two prisoners
were in custody charged with piracy, while during the last four
months only nine prisoners were so charged. The numbers Attorney-
General con-
spoke for themselves ; but he felt bound to congratulate the gratulates the
Court upon
Court on this happy result, as it would be in His Lordship's reduction of
recollection that early in September, the first of the four last piracy
and cases
attri-
months, Ma Chow Wong, "the notorious putter up of piracies, butes same to
had been tried and convicted , to which the decrease was in a conviction of
Ma Chow
great measure attributable.' As regards the latter fact undoub- Wong.
462 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch . XX § II. tedly Mr. Anstey was correct, for this blow had cut off the
1858. scheming head without which the members were powerless .
Conviction On being arraigned, Look Ah Song, as announced by the
and execu-
tion of Look Attorney-General, pleaded guilty. The hief Justice remanded
Ah Song.
the prisoner till next day ( the 30th ) when he was brought up
for sentence . Mr. Hulme observed that he had carefully read
over the depositions with a view to discover if there were any
extenuating circumstances in the case, but could find none, and
after a short and emphatic address sentenced the prisoner to death.
The execution took place on Wednesday, the 3rd February, at
noon. It may be mentioned in reference to this prisoner that he
had to be carried in and out of the Court, in consequence of a fall
sustained by him while leaping from a house in Macao at the
time of his arrest, and from the effects of which he was still
suffering. When arrested, there were found in prisoner's box
sixty watches, a considerable quantity of jewellery, nineteen
pawn - tickets referring to clothes, ear and finger rings and other
articles the proceeds of the robbery and which he had pawned,
besides two knives covered with blood .
Case of Teep
On Thursday, the 28th January, a Sheriff's Court was held to
Ching Leu r.
Lum Ah assess damages in a case of false imprisonment, Teep Ching Leu
Kun, r. Lum Ah Kun, -wherein judgment had been allowed to go
damages
for false by default . The case arose out of a charge of theft brought by
imprison- the defendant and under which the plaintiff was apprehended
ment.
by the Police, and held to bail, himself and two others in $ 50
each. The charge, if well founded , was not proved , and the case
was dismissed by the Chief Magistrate, hence the action for
damages set down with costs at $2,000 . Mr. Anstey appeared
as counsel for plaintiff, with Mr. G. Cooper Turner as his attor
ney. Mr. Day was counsel for defendant, Mr. Parsons being
his attorney. The jury returned a verdict against the defen-
dant for forty shillings costs of writs of inquiry, $ 100 for law-
Extraor yers ' fees, and $ 10 to account of some other special charge, but
dinary in reality no damages to the plaintiff personally. So much for
conduct of the merits of the case, but there was one circumstance con-
Mr. Anstey,
counsel for nected with it which was well worthy of notice. No sooner
plaintiff, in
his private had the jury by their verdict recorded their disbelief of the
capacity. plaintiff's statements and those of his witnesses, than Mr. Ans-
Mr. Anstey tey in his private capacity, as the plaintiff's counsel , had the
causes the
defendant defendant taken into custody on a charge of perjury ! The jury
to be happening to hear of the man's apprehension unanimously
taken into
custody for signed a protest against such an unjust and high- handed pro-
perjury. ceeding, stating their disbelief that the apparent discrepancies
The jurors were entirely attributable to misinterpretation . At all events
protest and
allude there is little doubt that the defendant would actually have
RESULT OF DEFECTIVE INTERPRETATION IN THE COURTS . 463
been put upon his trial for an offence of which, in the belief of Ch. XX § II.
the six jurymen who decided the case, he was not guilty. The 1858.
following was the letter they addressed to Mr. Anstey upon the to defective
interpreta-
subject :- tion .
Hongkong, 1st February , 1858.
To the Honourable THOMAS CHISHOLM ANSTEY, Esq.,
Attorney- General.
Sir, -We learn with surprise and regret that you have caused the defen-
dant in the case Teep Ching Leu and Lum Ah Kun to be arrested for giving
contradictory evidence before the Sheriff, on the writ of inquiry to assess
damages.
The evidence on both sides was certainly far from satisfactory, but it
struck us that a large amount of blame was to be attached to the very de-
fective interpretation. Whether the interpretation of the evidence in the
Police Court to which reference was so often made was better or worse, it is
not in our power to say but from everything we can learn, that however
defective the interpretation may be, in the Supreme Court, it is much more
so in the Chief Magistrate's Court. You, Sir, will also remember that you
had very serious fault to find with the interpreter, for mistaking or mistrans-
lating your questions, not only on the cross, but on the direct, examination.
Taking all this into conside ation, we trust you will not object to withdraw
the prosecution against the defendant Lum Ah Kun.
If the Jury did not think that their functions as jurors had ceased , they
would have thought it their duty earnestly to request you to draw the attention
of the proper authorities to the very defective state of the interpretation in
the Colony .
It was the intention of one of the Jurors to have proposed the matter to
the other Gentlemen of the Jury, but as he supposed that it would be a
breach of decorum to address you as Attorney-General while you were mere-
ly acting as counsel in a private case, he postponed doing so.
Trusting that you will accede to our request, - We have the honour to be,
Sir, your most obedient servants ,
R. B. SHERRARD ,
D. LAPRAIK,
P. RYRIE,
H. F. EDWARDS,
CHAS. JAMESON,
W. F. BEVAN,
Jurors in the Case.
In the meantime Mr. Anstey had left for Canton on a visit, Mr. Anstey
and where by the way, being without a pass, he was arrested by leaves
Canton.for
the Provost Marshal and otherwise submitted to considerable Mr. Anstey's
inconvenience. On his return to Hongkong he placed himself arrest.
in communication with the military authorities relative to his
arrest, but with no satisfactory results to himself. *
On the 5th February Mr. Anstey despatched the following letter His reply
to the jurors in reply to their protest mentioned above, showing to the of
protest
that he had thought better of the matter :- the jurors.
Attorney-General's Office,
5th February, 1858.
Gentlemen,-On my return from Canton, I find your letter dated 1st
* See Parliamentary Papers on Hongkong (31st March, 1860) p. 236 .
464 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. XX § II. instant.
1858. It is no discourtesy towards you to state, that I have no doubt of the guilt
of the man [ Lum Ah Kun] whom I caused on Saturday last to be committed
for perjury.
But as your unanimous opinion to the contrary is at least equivalent to a
verdict of acquittal by a jury of strangers to the case, I, of course, consent
to withdraw the prosecution .
In all that you say on the subject of the deficiency of proper interpreters
I quite concur, and I accede to your wish that I should represent it to Gov-
ernment.
Your letter will accordingly be forwarded to the proper quarter.-- I have
the honour to be, Gentlemen , your obedient servant,
T. CHISHOLM ANSTEY,
Attorney- General.
R. B. SHERRARD, Esq., Foreman,
D. LAPRAIK, etc., etc., Jurors.
The man was discharged the following day. If Mr. Anstey
-not in his character as a professional man conducting the
case on behalf of his client, the plaintiff, but officially -felt
assured that the defendant had really perjured himself, he had no
right whatever to discharge him upon the protest of any man or
body of men, but was bound as Attorney- General to press the
charge ; if, on the contrary, he had the slightest doubt
the subject, he might well have hesitated before taking such a
decisive step, and thereby subjecting himself to a charge of what
The question was construed as excessive zeal in the discharge of his duty. In
of interpreta-
tion treated. no instance was the insufficiency or inefficiency of the staff of
Discharge interpreters more clearly exemplified, * for not only was the cause
of the of justice jeopardized , but a poor unfortunate man might have
defendant.
been sentenced to a long imprisonment, through the blundering
Criticisms.
of a man acknowledged by himself to be incompetent for the
discharge of his office.
Complaints Complaints had arisen against the fee paid for marriage in
against the
fee paid for Hongkong to the Chaplain and Clerk. It now appeared that
marriage
to the the payment of fees was quite optional, the following letter
Chaplain. from the Attorney-General to the Colonial Secretary, expressing
Mr. Anstey's the grounds of his opinion with brevity and clearness :--
opinion.
Attorney-General's Office,
February 17 , 1858 .
Sir, I have the honour to return Bishop Smith's letter of the 15th instant,
(forwarded under cover of yours of yesterday, No. 94).
My opinion upon the question now presented by the Bishop to His Ex-
cellency, was certified to the Governor under date the 29th December, 1857 ;
and it cannot be affected by any documentary evidence short of a Parliamen-
tary or Colonial enactment.
Ecclesiastical fees are levied in England , either by statute or by custom.
Statutes in such cases have no extra-territorial vigour, but are strictly cou-
fined to the realm to which they relate. Custom in Hongkong can have no
existence, for the occupation is one of the most recent facts in history, and
the custom could not have preceded that.
* For previous references as to interpretation, see antè p. 454, and also Chap. XVI.
II. p. 381, note.
HEAVY SENTENCE AGAINST A PAWNBROKER. 465
I am therefore clearly of opinion, that the receipt of any fees on marriages Ch. XX § II.
by the officiating minister, is a matter unauthorized by law ; that the law
1858.
does not forbid his receiving them by way of free gift ; but that he ought not
to solicit them, nor can he enforce their payment in invitos. - I have, etc. ,
etc.,
T. CHISHOLM ANSTEY,
The Honourable Attorney- General.
The Acting Colonial Secretary.
On the 16th February Mr. Hazeland , the solicitor, arrived in Admission
of Mr.
the Colony, by the Wild Flower which had left London on the 20th Hazeland ,
September, 1857. He was admitted an attorney of the Court the as an
attorney
next day, and on the 15th March following he joined Mr. G. of the
Cooper Turner, the Crown Solicitor, who was a relation of his , Court.
He joins
as partner . Mr. Cooper
Turner,
The first occasion upon which the name of a Chinaman ap- the crown
peared on the jury list was in that prepared by the Registrar for Solicitor.
the present year and wherein figured the name ofWong A Shing, Wong
Shing, A
a well-known and respected Chinaman . At a meeting of the the first
Legislative Council on the 24th February , a discussion followed , Chinese
juryman in
ending in the name being retained and the list adopted . Mr. Hongkong.
Wong A Shing was therefore the first Chinaman to whom the
privilege of serving as a juryman was extended. * He is , it
may be mentioned , still alive , and was for a time on the roll of
interpreters of the Supreme Court, and in 1884 became a mem-
ber of the Legislative Council.†
In consequence of an application from Mr. Anstey, on the Mr. Anstey
26th February, for Police protection , induced by his fear asks for
Police
that the position he held as Crown Prosecutor may have en- protection.
gendered the spirit of revenge amongst some of the worse classes
of the inhabitants, he was informed by the Governor on the
2nd March that, if public convenience admitted of it, a police-
man would be granted for the protection of his neighbourhood.
As will be seen hereafter, consequent upon the refusal of the
Governor to comply with his request, Mr. Anstey addressed
the Secretary of State. ‡
The Criminal Sessions for March opened on the first of that of Conviction
two
month. Tong A Sin and Chun A Cheong were charged with lar- Chinese,
ceny of a watch. The second prisoner was a pawnbroker. The one a pawn-
broker, for
jury found the first prisoner guilty of stealing the watch and larceny and
the second of receiving it, well knowing it to have been stolen . stolen
receiving
The Court, addressing the prisoners, said this was a case which property.
it was called upon to visit with the utmost severity, especially
as against the receiver, remarking, as had done Mr. Anstey,
Heavy of
that were there fewer receivers , there would be fewer thieves, sentence
and sentenced the first prisoner to fifteen , and the second , the transporta-
See also Chap. XXVI., infrà.
† See Vol. II., Chap. LXXVI.
See Chap. XXII., infrà.
466 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Cha. XX § 1. pawnbroker, to fourteen years' transportation . The latter, on
1858. hearing the sentence, asked that he should be executed instead,
tion against
the pa and it was only by the united exertions of half-a -dozen police-
wn-
broker, men that he was removed from the dock. Through some outside
the receiver. influence, believed to be the recommendation of Mr. Caldwell,
The pawn-
broker's the sentence against the pawnbroker was afterwards reduced to
sentence is two years' imprisonment. Mr. Anstey was not consulted in
commuted
without the the matter, and the Chief Justice, though the petition had been
Attorney- referred to him , had reason to be dissatisfied afterwards with
General
being this interference with his sentence by the Executive .
consulted.
The Chief This case may have had the effect of hurrying on the Ordi-
Justice
and the nance No. 11 of 1858 , dated the 6th July, which relates to the
Executive. trade of a pawnbroker .
Ordinance
No. 11 of
1858. On the 3rd March three convicts escaped from Gaol . One
Escape of of them was acting as servant to the turnkey, and through him
convicts the others got access to the tower where the turnkey lived , and
from Gaol.
from thence made their escape. Mr. Inglis, the Governor of
A turnkey
the worse the Gaol, was away on duty at the time and on his return
for liquor. found the turnkey the worse for liquor !
The validity
The following was a despatch from the Foreign Office , re-
of marriages
in China. garding the validity of marriages of British subjects at Chinese
Despatch ports , and the doubtful question as to the legality of the cere-
from the
Foreign mony celebrated in Macao, which, as may be seen, was still
Office. doubted as being a Portuguese possession : * -
Foreign Office, March 9, 1858.
Sir, I have had under my consideration , and have referred to the proper
law advisers of the Crown, your despatches Nos . 452 and 7 of the 26th Dec-
ember and 9th January last, on the subject of the doubts which had arisen
as to the validity of the marriages of British subjects at Chinese ports ; and
have to acquaint you, in reply, that the Statute 12 and 13 Victoria, Cap. 68,
empowering a consul to solemnize marriages, does not affect the validity of,
or in any way interfere with, any marriages which would have been valid
independently of that Statute, in which category are marriages celebrated in
China by ministers of the Church of England, according to the forms of that
Church,
With regard to the case (specially referred to) and to the validity of mar-
riages celebrated by a clergyman of the Church of England, and not under
the Act 12 and 13 Victoria, Cap. 68, at Macao : if Macao is Chinese terri-
tory, and not a Portuguese possession, such marriages will be valid as being
celebrated in China, a pagan country. If, however, Macao is a possession
of Portugal, then it has a Christian law of marriage as its " lex loci," and
marriages of British subjects must, in order to be valid, be solemnized there
either in accordance with such " lex loci," or with the provisions of the Act
above mentioned . -I am, etc.,
MALMESBURY.
Sir JOHN Bowring,
etc., etc., etc.
* On this subject, see antè Chap. XI ., p. 246, and reference there given.
MR . MURROW PROSECUTED FOR LIBELLING SIR JOHN BOWRING . 467
Mr. G. S. Morrison , Secretary to the Superintendency of Ch. XX § II.
Trade, proceeded to England on leave of absence on the 16th 1858.
March, his place being taken by Mr. George Whittingham Mr. G. W.
Caine,
Caine, now First Assistant at the Amoy Consulate alluded to Colonel
in this work in November 1854 ,* and who had but recently Caine's son ,
appointed
returned from leave in England . Mr. Caine was the eldest son Secretary to
of Lieutenant- Colonel Caine, the Lieutenant- Governor. the Superin-
tendency of
At a meeting of the Legislative Council held on the 17th Trade,
Morrisorice
n,
March, it was ordered that Ordinance No. 2 of 1858 , passed on on leave."
that day and entitled " An Ordinance for licensing and regu- Ordinan
lating the sale of prepared opium, " be published in English and 1858.
Chinese in the next Government Gazette, for general information , First
Ordinance
which was accordingly done. This was the first instance on published in
Chinese.
record where a local law was ever published in Chinese.
At a subsequent meeting of the Council held on the 22nd Motion
of the
of the same month, it was determined , on the motion of the Chief Justice
Chief Justice, that the votes and proceedings of the Council that procecd-
ings of
should henceforward be published in the shape as recorded in Council be
the Journal kept by the Clerk of Councils, but the Governor recorded as
published
reserved to himself the power of withholding from such pub- in the
lication any matters to which it might appear to him unad- journal of
the Clerk of
visable to give publicity. Councils.
Ordinance No. 3 of 1858 was passed on the 22nd March, No. Ordinance
3 of
1858. It was an Ordinance for regulating proceedings in the 1858.
Supreme Court, and was much more favourable to the lawyers
than the one previously in force. The principal point of inter-
est seemed to be the increase of the jury from six to seven .
One excellent provision of the new Ordinance was , that four
clear days ' notice from the service of the plaint must be given
in summary jurisdiction cases before the hearing ; and that no
postponement would be allowed without twenty- four hours '
notice having been given to the Registrar, the latter improve-
ment upon the old state of affairs being no doubt in consequence
of the complaints before referred to.f
On Monday, the 19th April, the long pending case of the The Crown
against Mr.
Crown against Mr. Yorick Jones Murrow, the editor of The J. Murrow
Daily Press, whose name has already appeared in this work, for Gover
the libelling
nor,
for libelling Sir John Bowring, the Governor, came off for trial Sir John
before the Criminal Sessions. It had been postponed from the Bowring.
last Sessions owing to the alleged illness of the defendant . The
Attorney- General, with Mr. Cooper Turner, the Crown Solicitor ,
represented the Crown , while the defendant was represented The interests
by Mr. Day as counsel , and Mr. E. K. Stace as solicitor. The of the firm of
Jardine,
* See antè Chap. xv., p. 353 , and reference there given.
† Antè pp. 454, 455.
‡ Antè Chap. XIX., p . 447, and reference there given.
468 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XX § II. libel charged was against Sir John Bowring's public and private
1858. character. It charged him in effect with lending his powers as
Matheson, a Governor to advance the interests of a local firm- that of
& Co., in
which the Messrs. Jardine, Matheson, & Co. , in which he had a son as
Governor
had a son a a partner.
partner. The Attorney- General stated the case to the jury, and said the
defendant was charged with publishing a malicious libel, reflec-
The facts.
ting on the character of His Excellency Sir John Bowring, in
his capacity of Governor of Hongkong. The libel itself consisted
in an article which appeared in The Daily Press. Mr. Anstey
here read the paragraph which was as follows :-
" It is well known that our Governor has a near relative in one of our
eminent houses. The Phæbe Dunbar, a ship consigued to that house, was
chartered by Government without any tender having been advertized, at an
unheard -of rate. The same thing occurred in the case of the Lancashire
Witch, also consigned to the same eminent firm. The steamer Ava was de-
tained (at least it was so alleged on the authority of General Ashburnham)
in order to enable a steamer belonging to the same firm to reach Calcutta
first with important advices upon the opium market. The same influential
establishment has enjoyed the exclusive privilege of having a special agent
at Canton during the late occurrences, where they secured extensive premises
before any rival could be in the field to compete with them. The notices of
the removal of the blockade and regulations of trade, although placed in the
Governor's hands to be made as public as possible, were on one occasion sup-
pressed until after the departure of the mail, and another issued on the day
subsequent to the date of the Gazette. We shall find the sequel will be,
jobbery, favoritism, and dishonesty riding rampant, clean hands being wanted
to interpose a salutary check on practices usually considered mercenary and
disreputable."
Mr. Anstey then called the printer of the paper who proved
the authorship of the defendant, and Mr. Joseph Jardine† who
stated that the article was a tissue of falsehood from beginning to
end. This was all the evidence adduced , and after the libellous
The defence. article was put in and read, Mr. Day addressed the jury for the
defendant, and in a very ingenious speech expatiated, it is said ,
largely on the liberty of the press, and the rights of our fore-
fathers , and earnestly begged the jury not to forgo their rights,
by their verdict. Continuing, Mr. Day said that it was impos-
sible to bring the Government of this Colony into contempt, as
the indictment alleged ; everybody knew it was contemptible
enough, without the aid of the defendant. It was notorious that
similar articles had appeared in all the local journals, but Gov-
ernment had not dared to indict them, but had pounced upon
his client. He was sure the jury would establish their privileges
by acquitting the defendant.
The Chief Chief Justice Hulme addressing the jury said, first, that they
Justice's
summing up. must consider if the article was libellous, and was calculated to
bring Sir John Bowring's conduct into contempt, and reflected on
* See this son mentioned , antè Chap. XIII. § 1., p. 322.
Sce antè Chap. XVIII., p. 427.
MR. MURROW CONVICTED OF LIBELLING SIR JOHN BOWRING . 469
his private as well as his public character ; and secondly, if the cb. XX
-- § II .
defendant was the author. If they were satisfied of this , they 1858.
would find the defendant guilty ; if, on the other hand, they
believed the publication of the article not calculated to injure
Sir John Bowring's character, or bring him into disrepute, they
would return a verdict of not guilty.
The jury then retired , and returned in fifteen minutes with a The verdict.
verdict of Guilty, unanimously. The defendant was then called
up for judgment.
The ChiefJustice, in a feeling address , said he feared the defen-
dant's pen had been emboldened by the reluctance ofthe Govern-
ment to prosecute such scurrilous and defamatory articles as
sometimes emanated from the press in the Colony, and further,
that defendant's pen had been emboldened by the very lenient
sentence passed in a recent case before the Court -a simple fine,
which was raised by subscription , thus setting the law at
defiance. * He had a painful duty to perform, but he should not
shrink from it ; he was determined to vindicate the law, and put
a stop to the unmeasured abuse of public individuals . He there- The defen
fore felt compelled to sentence the defendant to imprisonment dant
for the period of six calendar months, and further that he do sentenced to
imprison-
pay a fine of one hundred pounds to the Queen, and be further ment
fine. and
imprisoned till such fine be paid .
The law having now vindicated Sir John Bowring's character, Mr. Murrow
it was felt he would not insist on the sentence passed upon the in the
debtors'
defendant being fully carried out. Mr. Murrow was accordingly prison.
placed in the debtors ' side of the prison and allowed every com-
fort. Sir John Bowring had therefore shown that he bore no
unworthy animus against a person who deserved and had no
right to expect mercy at his hands, although Mr. Murrow, it Afflicted
with
Bow Bowring-
was known, was afflicted with what was called locally " Bow-
ring-phobia ". " We hate Sir John Bowring," as he had said in phobia.'
a late article, had ever been the burden of his song, but on the
other hand it must be admitted that Sir John Bowring's admi- Sir John
Bowring's
nistration of the affairs of the Colony had been a shame, if not shameful
administra-
a disgrace, to the British name. His ignorance of ruling, as tion.
events recorded herein so far and that as regards the adminis-
tration of justice alone, had made his government one tissue of
folly from beginning to end, which must have made him by this
time the laughing- stock of all.
After his incarceration Mr. Murrow continued to conduct his conducts Mr. Murrow
paper, writing his editorial effusions within the prison walls , hispriso paper
in n.
and needless to say that his scurrilousness and attacks against His attacks
Sir John Bowring continued unabated. A perusal of the local against
Sir John
* Sce the case against Mr. Tarrant for libelling Dr. Bridges, antè Chap. XIX. , p . 144.
470 HISTORY OF THE LAWS , ETC., OF HONGKONG.
Ch. XX § II. papers on the subject of these attacks affords at this date con-
1858. siderable amusement .
Bowring
continue The Illustrated London News of the 3rd July, 1858 , in its
unabated. leading article, contained some pertinent remarks relative to
The Illus- Mr. Murrow's case and the weakness shown by Sir John Bow-
trated
London ring and his immediate advisers in dealing with the prisoner , as
News follows :
upon the
case and the " From China we have nothing of interest, except that a Mr. Murrow, of
weakness of Hongkong, has ' got ' six months' imprisonment for libelling Sir John Bowring.
Sir John
Bowring. The Judge referred to the fact that in a recent case in which a fine had been
inflicted it had been paid by public subscription, " and expressed his determi-
nation to vindicate the law. Without reference to this particular case, there
is much sense in this mode of treatment. There is, though it falls rather
hard occasionally, and in this instance the offender had to suffer both for his
own sins and for those of others. We expressed a hope that Sir John Bow-
ring would remit the sentence of imprisonment, instead of which he appears
to have fallen into the error of attempting to treat Mr. Murrow like a child,
by keeping him shut up in a closet but allowing him his playthings . Natu-
rally enough the soul of Murrow revolts at this treatment. Had he been
imprisoned among the convicts he might have enjoyed the profitable society
of Eli Boggst and Ma Chow Wong, ‡ considered himself a martyr to the cause
of free discussion, but free confinement in a debtor's jail could hardly be
borne, even though (as he himself assured the public ) he was deeply sympa-
thized with in his sufferings by all his lady friends. The mistake fallen into
by His Excellency is made apparent by some recent events, of which the
strictly correct account is as follows, and has been gathered from a variety
of sources : Sir John Bowring instructed the Governor of the Gaol to treat
Mr. Murrow with every indulgence, and to give him every facility for carry-
ing on his paper. Owing to certain libels which appeared in that paper,
General Straubenzee demanded the suppression of it ; and instead of acceding
to this, Sir John directed Mr. Inglis to bring the matter before Mr. Murrow,
and to enforce the ordinary Gaol rules in regard to written documents . Wheu
doing so Mr. Inglis reminded his prisoner that it was extremely difficult to
enforce the Gaol rules as to written documents on persons confined in the
Debtors' Prison, and that, unless he behaved more discreetly, it might be
found necessary to remove him to a neighbouring building. On this natural
and humane remark, Mr. Murrow has raised up his cock and bull story of
His Excellency having ordered him to be imprisoned among the convicts,
and of Mr. Inglis having interfered and become responsible censor ; and,
what is especially worthy of notice, whenever he was left bound only by a
promise to the late (sic) acting Colonial Secretary, he came out with this
story, in order ( for we can see no other reason) to annoy the two men who
have been most considerate towards him .
As to the course pursued by His Excellency, we have no further good
word to say. He virtually made himself responsible for Mr. Murrow's
paper keeping within the bounds of moderation, and he has failed so to keep
it ; he has excited no gratitude in Mr. Murrow, and has got no satisfaction
out of him. Such are the results of pursuing a middle course : crush a snake
or leave it alone."
On his
release And that is exactly what took place. Mr. Murrow's treat-
Mr. Murrow ment in Gaol excited no gratitude at his hands , and after
claims $5,000serving his time, ' on his release from confinement he in-
damages
* The Crown against Tarrant, antè Chap. XIX., p . 444,
Antè Chap. XVIII., p. 436.
Antè Chap. XIX., p. 444.
DEATH OF LADY BOWRING. 471
stituted an action for assault and false imprisonment against Ch . XX § II.
Sir John Bowring, claiming $ 5,000 damages, which came on for 1858.
hearing on the 30th December this year, as hereinafter referred against
Sir John
to. *
Bowring.
Attempts at incendiarism had become frequent recently, Frequent
and undoubtedly they were to be traced to outside influence. attempts at
incendia-
The authorities , baffled in their endeavours to arrest the cul- rism.
prits, notified on the 17th May that " a reward of $ 100 would
be given to any person causing the apprehension and convic- Chu Aqui, a
notorious
tion of an incendiary, and as it had also come to the knowledge pirate, at the
of His Excellency that the notorious pirate Chu Aqui was at head of
incendiaries.
the head of these incendiaries, a reward of $ 500 would be
given for his apprehension."
At a meeting of the Executive Council held on the 19th Mr. King-
May, Mr. Kingsmill was sworn in as a Justice of the Peace smill, J.P. ,
and Assistant
and as Assistant Police Magistrate during the temporary ab- Magistrate,
vice Mr.
sence on sick leave of Mr. W. H. Mitchell . Mitchell on
leave.
Lady Bowring, who had never fully recovered from the Departure
effects of the poisoning, by the Esing ' bakery in January last of Lady
Bowring.
year, and whose case at the time was considered one of the Her death.
worst, left for England on the 23rd May, and died on the 27th
September at Taunton , Somersetshire, at the age of sixty -four.Divorce
and Matri-
monial
The sections of the Act of Parliament 20 and 21 Vict. c . 85, Causes
relating to Divorce and Matrimonial Causes, extended to the Act, 20 and
21 Vict.
Colony by Ordinance No. 5 of 1858, were published in the c. 85.
Gazette on the 26th May. Ordinance
No. 5 of
1858.
* Chap. xxv., infrà.
† See antè Chap. XVII. § II., pp. 415, 423, 424.
472
CHAPTER XXI .
1858 .
Suspicious conduct of Dr. Bridges in relation to the opium monopolist. -Dr. Bridges
compelled to ask for an inquiry. - Disclosures made in the Police Court.- Dr. Bridges in
the Legislative Council. -A Committee appointed . - Dr. Bridges' attack upon Mr. Anstey.
Accuses him of being the real accuser.-The report of the Committee.-Discredit to the
Government of the Colony. - Mischief attributable to incongruous position of acting Colo-
nial Secretary, with private practice as a barrister.-Astonishment at Dr. Bridges not resign-
ing.- Sir John Bowring attempts to clear Dr. Bridges of all imputations of mala fides.--
Mr. Anstey as an alleged instigator of the charges . --Sir John Bowring on private practice.—
His despatch to the Secretary of State. — Sir John Bowring forwards evidence taken at the
opium inquiry.--Attacks Mr. Anstey. -Daring robbery with violence upon Messrs. Haze-
land and Stace.- The ruffians never brought to justice.--Paper by Mr. Anstey on slavery
and the Dred Scott decision . -Ordinance No, 10 of 1858.
Chap. XXI.
Suspicious SERIOUS Complaints began to be ventilated at this period in
conduct regard to the conduct of Dr. Bridges, in connexion with the
Dr. Bridgof
es
in relation to opium monopolist. His double position of acting Colonial Secre-
the opium tary and standing counsel to the monopolist gave rise to grave
monopolist.
suspicions as to the means by which the tenders for the opium
farm had been accepted and dealt with. In consequence of the
Dr. Bridges strong remarks as to the dual position held by him, and the
compelled comments passed by the local press upon the subject , Dr. Bridges,
to ask for
an inquiry. to clear his character, found himself compelled to call for an
inquiry into the whole matter of the monopoly, but not until
Disclosures certain disclosures had been made in a case heard in the Police
made
Policein the Court on the 15th April , 1858 , wherein Chun Tai Kwong, the
Court.
monopolist, had prosecuted a Mr. Hoey for boiling, etc. , opium
without a licence.
Dr. Bridges At a meeting of the Legislative Council held on the 7th May,
in the
Legislative Dr. Bridges, with the Governor's permission , called the atten-
Council. tion of the Council to certain statements in regard to the disclo-
sures mentioned above which had appeared in The Hongkong
Register of Tuesday, the 4th May, which he said affected his
character as an officer of the Government. He expressed his
wish that the Council should , in some manner, afford him an
opportunity of proving " the utter groundlessness of the insinua-
tions contained in the above newspaper."
A Committee Accordingly a Committee consisting of Colonel Caine, the
appointed.
Lieutenant-Governor ; Mr. Davies, the Chief Magistrate ; and
*
Mr. Dent, was appointed to inquire into the statements . Subse-
quently, at a meeting on the 10th May, upon Colonel Caine
* Antè Chap. XIX. , p. 449 ,
THE COMMITTEE ON DR . BRIDGES AND THE OPIUM MONOPOLY. 473
stating his unwillingness to form part of the Committee, it was Chap. XXI.
moved bythe Attorney - General, seconded by Colonel Caine, that 1858.
such Committee consist of the Chief Magistrate and Mr. Dent only,
and agreed to, and also that the inquiry be held with open doors.
The Committee, after holding several meetings, closed its sit-
tings on Friday, the 28th May, at noon, the last witness
examined being Dr. Bridges himself. Mr. Anstey's concluding
evidence at the previous sitting was given in reply to a question
on the subject of Dr. Bridges ' infringement of professional
etiquette. The reply set forth at length the Attorney- General's
opinion of Dr. Bridges ' conduct in the affair, and the opinion he
expressed was very much adverse to the acting Colonial Secre-
tary. Dr. Bridges stated that from the course which the inves- Dr. Bridges'
attack upon
tigation had taken " there was no doubt left in his mind that Mr. Anstey.
the Attorney- General was his real accuser in the matter, using Accuses
him of being
the columns of The Hongkong Register as the means of his anony- the real
mous attacks." It is hardly necessary to say that this was accuser.
stoutly denied by the paper in question .
The following was the report of the Committee dated the 31st The report
of the
May, 1858- Committee.
Your Committee, considering that the words of the order of reference should
be taken in their widest sense, and that the integrity of the acting Colonial
Secretary implies not merely ordinary honesty, but the wholeness and
singleness of his character as Colonial Secretary, have inquired into his entire
conduct in reference to all matters connected with the grant of the opium
monopoly. Your Committee have also allowed themselves as wide a range
as possible in their method of inquiry. They advertized in the local papers.
the publicity of their proceedings, and invited and made use of suggestions
from all sources as to the witnesses to be examined and the questions to be
put to them . They permitted themselves great latitude in the kind of evidence
which they admitted , and only struck out as inadmissible one question and its
answer, and part of the answer to another question . They omitted to call
only one witness suggested to them, as his evidence would not have referred
to the matter under inquiry ; and every person invited to give their information
did so, with the exception of Mr. Hoey. His evidence would have been
important, but he refused to attend, whence they conclude that he dared not
deny before them having made these defamatory statements (though he has
elsewhere denied having made them) which gave rise to the present inquiry.
Your Committee have now to report, as the result of their proceedings ,
as follows :-
1st . It appears that the tender of the present monopolist (Chun Tai Kwong) ,
and those of two other persons, were not received by the acting Colonial
Secretary until the 14th March, the day after the last day for tendering ;
that Chun Tai Kwong's tender was the highest, and the reason given for the
lateness of his tender being satisfactory to His Excellency, that it was ac-
cepted by him, with a full knowledge of the facts, on the 15th March ; that
two days after this, on the 17th March, the Opium Monopoly Ordinance
passed the Legislative Council, on which day various changes highly favour-
able to the monopolist, and suggested by him or his partners to the acting
474 HISTORY OF THE LAWS, ETC. , OF HONGKONG .
Chap. XXI. Colonial Secretary, were introduced into the Ordinance on the acting
--
Colonial Secretary's motion, but that this was done with the most perfect
1858.
openness, the Members of the Legislative Council being fully informed by
Dr. Bridges of his reasons for proposing the alterations. It does not appear
that any undue influence was used in obtaining the grant for the present
monopolist ; or that any corrupt motive existed for making these changes in
the Ordinance ; and there is not the slightest ground for believing that any-
thing in the nature of a douceur was offered to, demanded by, or accepted by,
Dr. Bridges.
2d. The above matters being the only ones connected with the grant of
the opium monopoly, in which it has been suggested that the honesty or
honour of the acting Colonial Secretary could be involved , your Committee
are clearly of opinion that the honesty and honour of Dr. Bridges, in refer-
ence to all proceedings connected with the grant of the opium monopoly,
remain wholly unimpeached .
3d. It further appears that, early on the morning of the 17th March—
the day when the Ordinance passed, and when the alterations referred to
were made in it -or of some subsequent day, the monopolist retained Dr.
Bridges as his counsel ; that on the 25th March, immediately after the
monopolist had executed a bond to Government connected with the mono-
poly at the Government Offices, Dr. Bridges called the Clerk of the Councils
into the Colonial Secretary's room, that he might hear Dr. Bridges tell the
monopolist that, though he was his counsel, he could not act for him against
the Government ; that the fee on the retainer was paid in the evening of
the same day to Dr. Bridges at his house, and that the monopolist had
ascertained some days previously from Dr. Bridges's comprador what the
amount of the fee should be, but without the knowledge or sanction of Dr.
Bridges ; that when Dr. Bridges accepted the office of acting Colonial
Secretary in February, 1857 , it was on an express understanding with the
Governor that he should be allowed to practise as a barrister, and that his
time should be his own ; * and that it did not occur to Dr. Bridges at the time
he accepted the retainer from the monopolist, that there might on future
and various occasions be questions connected with the opium monopoly, in
which his duty to the Government as a Member of the Executive Council
would seriously clash with his duty as counsel to the monopolist. It further
appeared to your Committee- though the monopolist now denies it, and the
evidence is conflicting- that the monopolist did say to Mr. Hoey, " Dr.
Bridges is a very clever man ; he can do what he likes with the Governor,
and can make a law and tear it to pieces again the next day.” †
4th. These proceedings in the opinion of your Committee show the want
of a due appreciation by Dr. Bridges of the demands of his high and important
offices as Acting Colonial Secretary, Member of the Legislative Council, and
Member of the Executive Council ; and denote an absence of that proper
sensitiveness which should have made him, above all other persons, foresee
and avoid all positions of possible conflict between his public and private
duties, which, in the case of the opium monopoly, were sufficiently obvions.
That Dr. Bridges should hold the offices mentioned , and at the same time
retain the privilege of practising as a barrister, however undesirable a state
of things, is one for which he cannot be blamed ; but the limits within which
he would avail himself of this privilege were under his own control. He
fixed the limit that he would not act against the Government, and the place
in which he informed his client of this fact was most unhappily chosen.
Further, he should have seen that any one, more particularly a Chinaman,
must think that he would greatly gain by employing as his counsel a high
* See antè Chap. XVIII. , p. 426.
It may here be mentioned that the monopolist Chun Tai Kwong was an English
scholar, and at one time was on the Roll of Interpreters of the Supreme Court. See
further reference to him, p. 477, ubi suprà.
DR. BRIDGES' CONDUCT AS TO OPIUM GRANT BLAMEABLE. 475
officer of Government, through whose means changes so beneficial to himself Chap. XXI.
had been made at the last moment in a public Ordinance, and that the mono-
1858.
polist and the Chinese community generally would conclude, however erro-
neously, that the official so retained, and the Government of which he was
a Member, were open to private influence. That such must be the effect of
Dr. Bridges's conduct on the minds of the Chinese, there cannot be any
doubt. Viewed in this light therefore, your Committee regret to say that
they consider Dr. Bridges's conduct in reference to the opium grant blame-
able, though, as they have before stated, they consider his honesty and
honour quite unimpeached .
H. TUDOR DAVIES , Chairman.
JOHN DENT.
Council Chamber, 31st May, 1858 .
This report could not be taken in any other light than that to the .
Discredit
of a severe and pointed rebuke. At all events it disclosed a Government
state of affairs reflecting discredit on the Government of the ofthe
Colony.
Colony, and the mischief was to be attributed to the Governmen t Mischief
alone for allowing Dr. Bridges to take the office of acting Colo- attributable
to incon
nial Secretary and holding it in conjunction with the incon- gruous
gruous office of a private practising barrister. position of
acting
Colonial
Astonishment was expressed at Dr. Bridges not resigning his Secretary,
appointment at once, though he endeavoured to do so in July with private
following, ostensibly because Mr. Mercer had obtained an exten- barrister.
sion of three months' leave, and also because he was anxious "to Astonish
resume the exercise of his profession," * but in reality because he ment at Dr.
was aware of the turn that affairs had taken in connexion with Bridges not
resigning.
Mr. Anstey's charges against Mr. Caldwell and which would
have enabled him, as he himself admitted in Council on the 7th
August, to again hold the office of Attorney-General if offered
to him. * He had asked for the Committee and the Committee
had not quite cleared him of the charges.
Naturally, having appointed Dr. Bridges to the office of Colo- Sir John
Bowring
nial Secretary with private practice, Sir John Bowring had to attempts
clear him of all imputations of mala fides, and this he did, as to clear Dr.
Bridges
the following despatch to the Secretary of State shows, in a very of all
mild manner . Mr. Anstey, of course, comes in as an instigator imputations
of mala fides.
of the charges laid at Dr. Bridges' door and for a share of the Mr. Anstey
blame imputed to the latter. What Sir John Bowring said as to alleged as an
private practice in Hongkong in those days is, in a community instigator
such as Hongkong, (as is, moreover, pointed out by the Com- of the
charges.
mittee in the foregoing report in reference to the Chinaman ) as Sir John
applicable to-day, as when Sir John Bowring wrote : — Bowring on
Government Office , Victoria, private
practice.
Hongkong, 4th June, 1858.
My Lord , His despatch
to the
I am sorry to be compelled to trouble Your Lordship on a subject which Secretary of
has caused much discussion and no small amount of scandal in this Colony. State.
* See Chap. XXIII., ubi suprà.
476 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XXI. An article appeared in one of the local newspapers, which I herewith
enclose, containing imputations on the acting Colonial Secretary, felt by him
1858.
to be so injurious to his reputation that he brought the subject before the
Legislative Council, who appointed a Committee to inquire and report. Their
report, with the accompanying evidence, I have the honour to enclose.
Whoever was the author or the adviser of the article complained of, there
can be no doubt that the Attorney-General, Mr. Chisholm Anstey , has been
most actively engaged in the present attempt to discredit and condemn Dr.
Bridges.
It would be impertinent for me to anticipate Your Lordship's judgment in
a matter so especially referred to the Supreme Authority. Great inconvenience
would have resulted to the public interests had Dr. Bridges thrown up his
office ; and I am glad he has reconsidered his intention, especially as the
leave of absence granted to Mr. Mercer, the Colonial Secretary, is near its
expiration, and he may be expected here in the course of the coming month.
I venture, however, to make a few observations on the general subject.
I have long come to the conclusion that the permission, in a Colony like
this, granted to any public functionary to be engaged in, and to derive peeu-
niary benefit from, private professional practice, is necessarily compromising
and disparaging to himself, and injurious to Her Majesty's service.
The Attorney-General, the Surveyor-General, and the Colonial Surgeon
have been allowed this privilege ( though in the case of the two last-named
functionaries the privilege has been lately withdrawn), and in the embarras-
sing position in which I was placed by Mr. Mercer's departure, I had to con-
sider whether the fact of Dr. Bridges being a practising barrister (in some
respects an advantage to the Governor) was sufficient to counterbalance his
many claims to my confidence ; these claims earnestly advocated by Mr.
Mercer, who was on terms of great intimacy with Dr. Bridges,† and who
thought it most advisable that Dr. Bridges' services should be secured to the
Colony, with which he had been long officially connected, and of whose affairs
he had intimate knowledge and considerable experience. I concluded that, on
the whole, Dr. Bridges was the best appointment I could make, and the
appointment was confirmed by Mr. Secretary Labouchere.
In reviewing Dr. Bridges' career as acting Colonial Secretary, I am not
unaware of his defects, attributable, no doubt, to his inexperience of his novel
position. He has not always consulted the Governor in cases where official
authority has been exercised . It is difficult sometimes to draw the line
between those details where the action of the Colonial Secretary is becoming,
and those graver matters which should be referred to his chief. But looking
at Dr. Bridges' connexion with the Colonial Secretary's Department, he has
on the whole, in my judgment, rendered active and valuable services, espe-
cially in the improvement of our finances, and the reform of our Police, and
the general good government of the Colony. And I am compelled to add,
that far from having received appropriate and friendly aid from the Attorney-
General, whether from professional rivalry, or from an uncontrollable, restless,
and turbulent temper, or from both united, Mr. Anstey has greatly augmented
the difficulties of Dr. Bridges' position , whether by publicly depreciating his
* In a later despatch to Sir Edward Lytton, dated the 16th October, Sir John Bow-
ring again alluded to the inadvisability of allowing private practice to the Attorney-
General as follows : " All these discussions will. I hope, prove to Her Majesty's Government
the desirableness of disallowing private professional practice to the Attorney-General ...
the jealousies and bickerings created by the existing state of things are prejudicial to the
Queen's service, and I fear are an inevitable consequence of the clashings of public
interests and private emoluments." See Chap. XXIV., infrà, and on the subject of private
practice, see also Vol. II., Chap. LXXXIII ,
See antè Chap. XVIII ., p. 425.
SIR JOHN BOWRING'S ATTACK ON MR. ANSTEY. 477
merits as a lawyer, or by failing in that decorous bearing towards one holding Chap. XXI.
--
a superior rank, which is essential to the preservation of order and harmony. 1858.
I have, etc.,
(Signed) JOHN BOWRING.
P.S. — The evidence not having yet been received from the printer will be
sent with the next despatches and the duplicate of the present .
(Signed ) J. B.
7th June.
By the mail of the 21st June, the Governor forwarded to Sir John
Bowring
Lord Stanley, the Secretary of State, the evidence taken at the forwards
inquiry connected with the grant of the opium monopoly, and taken
evidence
at
with it a report which, while saying but little or nothing in the opium
favour of Dr. Bridges was nothing but an attack upon Mr. inquiry.
Attacks
Anstey. The following was the report in question : — Mr. Anstey.
Government Office, Victoria,
Hongkong, 21st June, 1858.
My Lord,
I now send to Your Lordship the evidence which had not been returned
from the printer when I forwarded despatch No. 73 of the 4th instant, on the
subject of Dr. Bridges' connexion with the grant of the opium monopoly. I
find it is stated in this evidence that the opium monopolist is in great favour
with " his patron ," the Governor, who often received him on deputations ;
and the personal influence of the said monopolist with the Governor is repre-
sented to have kept one of the witnesses in dread.
Though the Attorney-General avoids making himself responsible for these
inventions (for such they are), he gives them as far as he can the sanction
and support of his authority.
I beg to assure Your Lordship that, at the time of granting the monopoly, I
did not recollect ever having heard the monopolist's name (Chun Tai Kwong) ;
that his person is even now unknown to me ; that I have no remembrance of
ever being in his presence until one day going into the Colonial Secretary's
Office, Dr. Bridges, pointing out a group of Chinamen, said, " These are the
Chinamen who have had the opium grant." I did not remain in the room a
minute. Long after the monopoly was granted, I was informed that Chun was
a Christian Protestant convert (whose wife was living at St. Paul's College) ,
of whom I had heard from the Bishop and others, but his identity with the
opium monopolist was to me, a discovery. *
I can scarcely pass over in absolute silence the liberties taken by the
Attorney-General with the character and the conduct of the Governor and
the Government, which would indeed deserve little credit if either Governor
or Government were blown about by the shifting though boisterous gusts of
Mr. Austey's violence. Though Dr. Bridges is, by the report of the Com-
mittee, perfectly cleared from the charge of corruption, and no stigma is left
upon his honesty and honour, I should have been much better satisfied if, in
his peculiar position, he had not undertaken to be Chun Tai Kwong's adviser ;
and it would have been well if Mr. Anstey had learned a little more about
the character of his client, Mr. Hoey, who has managed to pocket ten thou-
sand dollars for his share in the monopoly, before forwarding his letter of the
24th April, to the Government, and, to a certain extent, identifying himself
with statements of a very questionable character. If I were to listen to and
investigate all the tittle-tattle of the Colony, and mix myself up with the
* In reference to Chun Tai Kwong, see also antè p. 474, note.
478 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XXI. libels and lies which the tropics appear, with other noxious things, to gene-
rate, I must lay aside all the graver duties of my office to fan noisome fires,
1858.
which, left alone, are speedily extinguished in their own foul smoke.
I have, etc.,
(Signed) JOHN BOWRING.
Daring A daring highway robbery with violence was perpetrated on
robbery
violence with the morning of Wednesday, the 2nd June, upon Mr. Hazeland,
upon Messrs, the solicitor. That gentleman and Mr. Stace were returning from
Hazeland
and Stace. Stanley by the military road, early in the morning, when the
former pushed on before his companion who waited on the
road for their horses, which were being brought up by attend-
ants. When Mr. Hazeland was some distance in front, he met
three or four Chinamen, one of whom accosted him in English.
When turning round to acknowledge the salutation , another
Chinaman , -who with the others had jumped from behind
a tree when Mr. Hazeland was coming along- made a blow at
his head with a sword, and, in attempting to ward off this, Mr.
Hazeland's thumb was nearly severed from his hand . Another
stroke caused a tremendous gash on the back of his head and
stretched him senseless on the ground. Other wounds were in-
flicted and his gold watch and chain, hat, and other things were
taken away. Mr. Stace came up before the villains had retired
any distance, but unfortunately he had only three shots in his
revolver, and as the men waved their swords and appeared
ready to fight, he judged it best to act only on the defensive,
and allowed them to retire . With great difficulty Mr. Haze-
land was supported on horseback down to town and taken to the
Seamen's Hospital, where he lay for several weeks in a preca-
rious condition . On the 4th June Government offered a re-
ward of $ 100 for the apprehension and conviction of the robbers,
and a free pardon to any one engaged in the commission of the
robbery, other than the person or persons who inflicted the vio-
The ruffiaus lence . The ruffians, however, were never brought to justice.
never
brought to On the 25th June, a Chinaman was arrested on suspicion and
justice. charged with the murderous assault, but there being no evidence
against him, Mr. Hazeland , moreover, being short-sighted and not
having recognized him , he was brought before the Magistrate and
discharged. Another Chinaman named Ashing, against whom
a charge of conspiracy regarding the assault had also been entered ,
after being remanded several times, was also discharged on the
8th July, for want of evidence.
Paper by
Mr. Anstey
on slavery A very interesting paper on slavery, being a critical review of
and the
Dred Scott the speech of Senator Benjamin upon the Dred Scott decision,
decision. was, on the 13th June, written by Mr. Anstey. This paper
LEGISLATION . 479
though not meant for publication , many years after found its Chap. XXI ,
way into the press. * 1858.
The Legislature, on the 15th June, passed Ordinance No. 10 Ordinance
No. 10 of
of 1858 , making it lawful for the Governor to substitute penal 188.
servitude for transportation until suitable places to which offen-
ders could be transported should be appointed .
* See Hongkong Daily Press, 26th September, 1873.
480
CHAPTER XXII .
1858 .
Vigorous movement for the amalgamation of the two branches of the legal profession.
-The merchants and bankers memorialize the Attorney-General. -The origin of the
memorial for amalgamation. - Motion of the Attorney-General in the Legislative Council.
-Memorial read and ordered to be printed. -The Hongkong Law Society memorialize
the Chief Justice and the Governor- in-Council against amalgamation. -The memorial to
the Chief Justice.-The memorial to the Governor-in-Council. The Chief Justice pre-
sents the memorial of the Hongkong Law Society to the Council.- The Governor lays
on the table the draft of ' An Ordinance for Practitioners in Law ' .- Discussion upon the
memorial and as to Mr. Parsons having been deputed by the Hongkong Law Society to
represent them. Exorbitant charges of the lawyers discussed. - The Governor and Mr.
Anstey upon the Chinese.--The Ordinance for practitioners in Law.-The Hongkong Law
Society heard in Council. - First occasion on which press reporters attend the Legislative
Council. The whole Colony calls for amalgamation. -The local press upon the subject.—
Meeting of the Legislative Council upon the amalgamation question. - Mr. Parsons dis
owned by the Hongkong Law Society, and ordered to withdraw from the Council.-
Denial of certain attorneys as to Mr. Parsons representing them.-The Council declare
the petition a fraud upon its privileges.-Correspondence relative to Mr. Parsons' conduct
and the alleged petition from the Law Society and his having been deputed to represent
it.-The Governor's remarks upon the enormous charges imposed upon the Chinese.—
Resolution on motion of Chief Justice that Chinese be notified in Government Gazette
that bills of costs are taxable.-Mr. Anstey and Ordinance No. 13 of 1856. -Ordinance
No. 12 of 1858 for Practitioners in Law ' passed. The outcome.- Mr. Anstey renews his
application for Police protection.- The Governor's reply.-Mr. Anstey addresses the
Secretary of State and alludes to the constables allowed to Mr. Caldwell.-Rules and orders
of the Legislative Council of 6th April, 1843, re-published.-Rules and orders of 7th March,
1858, rescinded.-- Mr. Anstey states in the Legislative Council that the Registrar-General's
office is a sinecure. - Pawnbrokers attempt a demonstration, considering their licences exor-
bitant. -Police warning as to increased watchfulness by residents necessary.-- Caution as
to walking or residing far away from town. Night passes. Hours reduced . - Condition of
affairs in Hongkong consequent upon relations with China.- Hostile action of the Chinese
and others. Artisans leave the island .-- Stoppage of supplies of provisions. Food at famine
prices.- Police inefficiency. The residents memorialize the Governor and ask for prompt
remedy.-The Straits Guardian on the condition of the Police Force.-- The memorial of
the community. The reply of the Governor as to measures taken for the protection ofthe
Colony.-Proclamation announcing Treaty of Peace between England and China and
requiring obedience to law and good behaviour on the part of the Chinese inhabitants.
Chap. XXII.
A VIGOROUS movement, more important than that recorded in
Vigorous
movement January last,* again set in at this period for the amalgamation
for the
amalgama- of the two branches of the legal profession . The Hongkong
tion of the merchants and bankers in a body decided upon memorializing
two branches
of the legal the Attorney- General upon the subject, not aware, however, at
profession. the time, that they had a precedent in the Charter of the Straits
The mer-
chants and Settlements' Court of Judicature, which recognized only one
bankers class of practitioners . On the 10th May a petition signed by
memorialize
the At- the most influential residents
Mr. Anstey, of which the following was isaccordingly
a copy : - forwarded to
torney.
General.
Victoria, Hongkong, 10th May, 1858.
Honourable T. CHISHOLM ANSTEY, Esq.,
Attorney- General, etc., etc. , etc.
Sir,-We, the undersigned , do ourselves the honour of addressing you, the
law officer of the Crown, for the purpose of drawing your attention to the
* Antè Chap. XX. § II.. pp. 455-460,
COMMUNITY ASK FOR AMALGAMATION OF THE LEGAL PROFESSION . 481
distinction (unnecessary as it appears to us) existing between barristers and Chap. XXII.
-
solicitors in this Colony. Whatever may be the custom at Home in this 1858.
respect, we think that a great benefit would result to us and our fellow-
citizens, were an amalgamation effected between the two branches of the legal
profession here, and should you feel disposed to concur in our views, we
trust that you will take such steps as may seem to you best adapted to carry
out our wishes.
We do not desire this change on account of the expenses attending legal
proceedings, as we know they must necessarily be high in this place ; but we
can see no sufficient reason why we should be compelled to employ two
advisers when it would be much more convenient for us to confide the whole
of the law matters to one. The conviction has long been gaining on us that,
in a young and small community like ours, there should be but one class of
practitioners, and that unrestricted competition between all the properly
admitted members of the Supreme Court would be a great improvement on
the existing state of things.
We have the honour to be,
Sir,
Your most obedient servants,
Dent & Co. Gibb, Livingston & Co.
Lyall, Still & Co. D. N. Mody & Co.
Birley & Co. [A signature in Parsee.]
Turner & Co. Dhurumsey Poonjabhoy.
For Mercantile Bank- [A signature in Parsee.]
John Costerton, Manager. Cassumbhoy Nathabhoy & Co.
Siemssen & Co.. Cowasjee Pallanjee & Co.
Blenkin, Rawson & Co. Hormusjee & Rustomjee.
Maxn. Fischer, Supt., P. & O. S. N. Co. Aderjee Sapoorjee.
John Burd & Co. C. S. Lungrana & Co.
p. pro Phillips, Moore & Co., R. Ruttunjee & Co.
P. Cohen. David Sassoon, Sons & Co.
Neave, Murray & Co. Judah & Co.
Lindsay & Co. B. C. Bhabha.
Wm. Pustau & Co. Lane, Crawford & Co.
P. & D. N. Camajee & Co. p. pro Bowra & Co.,
Eduljee Framjee, Sons & Co. W. Harding.
Augustine Heard & Co. Smith & Brimelow.
Fletcher & Co. F. Woods.
De Silver & Co. For Commercial Bank of India ---
Samuel Woodruff. Henry Rutter, Agent .
Thomas Hunt & Co. G. Duddell.
Gilman & Co. G. Harper & Co.
R. McGregor & Co. MacEwen & Co.
A. Shortrede & Co. Russell & Co.
D. Lapraik. W. H. Wardley & Co.
Edwards & Bulley . Vaucher Frères.
P. Campbell,
Manager, Oriental Bank Corporation.
As to the origin of this petition or the manner in which , it is of
Thetheorigin
alleged , it was got up, the records hereafter will show. * memorial for
amalgama-
tion.
At a meeting of the Legislative Council held on the 25th Motion of the
Attorney-
* See Vol. 11., Chap. XXXVII.
482 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XXII . May, the Attorney- General brought up and read the following
1858. motion in connexion with the foregoing prayer :-
General
in the " The Attorney- General, —To present a memorial addressed by fifty-one
Legislative mercantile and trading firms of Hongkong to himself, as the Law Officer of
Council,
Her Majesty, on the distinction existing between the two branches of the
legal profession here, and recommending an amalgamation between them ;
to call attention to the same, and to move that it be printed for general
information."
Memorial On the question being put and passed, the memorial was read
read and
ordered to be and ordered to be printed. Mr. Lyall stated that he would,
printed. before the next meeting, send to the Clerk of Councils a notice
of motion for submission to the Council , on the subject matter
The Hong- of the memorial . In the meantime, considering their interests
kong Law
Society at stake, certain attorneys of the place without having, however,
memorialize
the Chief the full sanction of the whole of their body as constituted by
Justice the Hongkong Law Society, through the Secretary of the Society ,
and the
Governor-in- presented memorials both to the Chief Justice and to the
Council Governor-in- Council against the proposed amalgamation , con-
against
amalgama- sidering it unfair and prejudicial to themselves.
tion.
The memorial The following was the memorial presented to the Chief Jus-
to the Chief
Justice. tice on the 5th June : -
To the Honourable JOHN WALTER HULME, Esq.,
ChiefJustice of the Colony of Hongkong.
THE HUMBLE MEMORIAL OF THE HONGKONG
LAW SOCIETY.
We, your memorialists, look to Your Lordship, as the common head of both
branches of the legal profession , to protect us against an insidious attempt,
now being made, to deprive us of our just rights and privileges, under the
specious pretext of the amalgamation of the two branches, thereby pretend-
ing to give to us equal advantages and position with the barristers.
None in this Colony knows so well as Your Lordship the reasons for the
division of the profession into barristers and attorneys, and the advantage
gained to the community thereby, and that the assistance which the Court
expects, and so often receives , from the learning and research of an intelli-
gent bar, and which could not be expected from the legal education of an
attorney, is not lightly to be disregarded.
Your Lordship, in the discussion of points of law before you, would hard-
ly lose sight of the fact, that an attorney was addressing you in one case, and
a barrister in another, and however desirous you might be to give a fair and
equal attention to the arguments of each, it would be more than could be ex-
pected of humanity that you should pay equal regard to them.
We conceive that an amalgamation would be very prejudicial and unfair to
us, and of no advantage to the community, who, not regarding expense, may
have all they can desire under the present system.
We beg leave to hand to Your Lordship, for presentation to the Legislative
Council, the accompanying petition, which more fully expresses our views,
THE HONGKONG LAW SOCIETY AGAINST AMALGAMATION. 483
and we humbly request Your Lordship to give such effect to the prayer there- Chap. XXII .
of in the Legislative Council, as Your Lordship may deem just and equitable.
1858.
-We have the honour to be, Your Lordship's obedient servants,
THE HONGKONG LAW SOCIETY,
By their Secretary,
EDWARD K. STACE ,
5th June, 1858.
The memorial to the Governor and the Legislative Council Thememorial
was of a different nature altogether. It sounded more like an to the
Governor-in-
alarm than anything else, and in their attempt to upset the Council.
movement the attorneys outstepped the bounds of truthfulness.
They asserted that the heads of the mercantile and other firms.
who signed the memorial for amalgamation had done so in
ignorance of the subject and principally because two members
of the Legislative Council had signed it first ;-that no complaint
had been made against the attorneys' branch of the profession,
which in itself was a gross perversion of facts , as this memorial
had been got up principally owing to complaints against the
lower branch of the profession ; * -also that the memorial origi-
nated in a hostile spirit with a view to benefit the members of
the bar. The memorialists further denied the competency of
the Colonial Government to effect the change asked for, and
ended by asking for a Committee of Inquiry.
The following was the petition , said to have been drawn up
by Mr. Parsons, the leading spirit in the matter : -
To His Excellency Sir Jonx BOWRING,
Governor ofHongkong, and its Dependencies, etc., etc., etc.,
in Legislative Council.
THE HUMBLE PETITION OF THE HONGKONG KONG
LAW SOCIETY
Sheweth,-
That in The Government Gazette, of the twenty-ninth of May, one thousand
eight hundred and fifty-eight, a memorial was published, purporting to have
been signed by fifty-one mercantile and trading firms of Hongkong, address-
ed to the Attorney- General , in which an opinion was expressed that the dis-
tinction between barristers and solicitors in this Colony was unnecessary, and
that great benefit would result to the memorialists, and their fellow-citizens,
were au amalgamation to be effected between the two branches of the legal
profession here. And further stating, that they did not desire the change on
account of the expenses attending legal proceedings, as they knew they must
be necessarily high in this place, but that they could see no sufficient reason
why they should be compelled to employ two advisers, when it would be
much more convenient for them to confine the whole of their law matters to
one, and that the conviction had been long gaining on them, that in a young
and small community like ours, there should be but one class of practitioners,
and that unrestricted competition between all the properly-admitted members
of the Supreme Court, would be a great improvement on the existing state
of things.
*
See antè Chap. XX. § II ., p. 454 , and references there given.
484 HISTORY OF THE LAWS, ETC. , OF HONGKONG.
Chap. XXII. That no reasons are given in the memorial, except the convenience of con-
-
1858. fidin g law matters to one adviser, and the inability of the memorialists to
perceive any sufficient reason for a state of things which has existed in Eng-
land at least ever since the time of King Henry the Third, and has been
found convenient and beneficial wherever the British laws prevail, and under
which the memorialists , if they do not regard the expense, as they assert, can
have all the convenience which they desire.
That your petitioners are at a loss to understand the conviction of the me-
morialists, that in a young and small community there should be but one class
of practitioners , when it is borne in mind that in such a young and small com-
munity there has been introduced, under the auspices of the present Attorney-
General, and there is now in full operation, all the technical, artificial, and
complicated machinery of the law as existing at Home, with the addition of
the numerous local laws which the position of this Colony has rendered ne-
cessary .
That the memorialists appear to have overlooked the fact, that in England
there is not only the distinction of barrister and attorney and solicitor, but
that the subdivision between barrister and barrister in different branches of
the law is as distinct as between barrister and attorney. There are the Com-
mon Law barrister, the Equity Draughtsman , the Conveyancing Counsel,
the Bankruptcy and Insolvency and Criminal Law Counsel, and the Advocate
of the Admiralty Court, and again there are special pleaders and convey
aucers, who, not being counsel, relieve them of some of their most difficulty
duties.
That the attornies, solicitors, and proctors are the general practitioners, who
are not expected to possess profound knowledge of any particular branch of
law, but to have a general knowledge of all, and to be expert in collecting
and arranging facts with a view to the application of the law to them in
every branch, which latter duty devolves on the barrister.
That there
has been no public demonstration or expression of opinion ,
other than the above mentioned , -no complaint has been made against your
petitioners ' branch of the legal profession , and your petitioners have been in-
formed , and have good reason to believe, that the memorial emanated from
two individuals only , and that by means of house to house solicitation , and
friendly persuasion , several of the memorialists were induced to subscribe the
memorial , in the belief that the solicitors of Hongkong were favourable to
the amalgamati , and many who could know nothing of the effect of the
on
proposed change, added their names for the simple reasoir that others had
sigued before them , and your petitioners affirm that such memorial is no
reasonable or intelligent reflection of the matured opinion of any part of the
community possessing competent informatio on the subject upon which they
n
solicit the interference of the Legislature, and that, moreover , but few of them
have law business of any magnitude to transact .
That your petitioners submit , that even if such memorial were a bonáfide
exposition of the sentiments of the community, it was, having regard to he
want of representation in the Colony, an unconstitutional course to adopt,
with a view to such an important legislative measure as the destruction.
of the relative distinctions between barristers and solicitors, without reason
or evidence, and without regarding the rights of those most interested in the
question, and your petitioners humbly but firmly remonstrate against the fact,
that two members of the Legislative Council were the first to sign a memo-
rial to the Attorney-General, himself a member of the Council, and not a
disinterested person in the present question, to solicit an alteration which they
themselves would , in their legislative capacity, be called upon to make,—the
signatures of those two members of the Legislative Council being, as your
THE HONGKONG LAW SOCIETY AGAINST AMALGAMATION. 485
petitioners assert, the principal, if not sole cause, of the signatures which Chap. XXII.
--
followed, and tending materially to influence other members of the Council. 1858.
That bearing in mind the fact, that the barrister in this Colony has to un-
dertake advising in every branch of the law, your petitioners submit that the
necessity for a division of the profession is greater here than in England, and
that the advocacy of " unrestricted competition " in legal knowledge between
barrister and attorney, in the circumstances above detailed, merely shows
that those who advocate it have not made themselves competent to form a
judgment on the subject.
That your petitioners believe the memorial to have originated in a spirit
hostile to their branch of the profession, -covertly supported by certain mem-
bers of the bar, and the real object of the memorialists is to benefit those
members of the bar at the expense of your petitioners, -a real and complete
amalgamation being, as your petitioners submit, simply impossible, and an
imaginary one, being destructive of the rights and privileges of your petition-
ers, to which they are entitled in exchange for their disabilities, the super-
vision by the Courts in which they practise of their conduct and charges, and
a laborious and expensive training.
That your petitioners doubt the competency of a Colonial Government to
make the change proposed, but they humbly submit that, before any attempt
should be made at legislation on the subject, your Honourable Council should
appoint a Committee to take evidence, before which Committee the persons
who signed the memorial, and others could be examined , and state their
views and grievances, and your petitioners might be allowed to defend them-
selves against that which is intended to cause destruction to their branch of
their profession, without giving them any compensation, and deprive them of
the undoubted right of every Briton, that of being heard before being con-
demned .
That, as an additional reason for proceeding with all caution in such a
proposed change, your petitioners would beg respectfully to call the attention
of the Council to the fact that, in Canada, where an amalgamation of the pro-
fession nominally, although not really, exists, a call is being made at the
present time for a distinct separation of the two branches.
Your petitioners therefore humbly pray that the said memorial and this
petition may be referred to an independent Committee or Commission
to take evidence, and report thereon , before any attempt be made to
legislate on the subject of the memorial. And your petitioners in
duty bound will ever pray, etc.
THE HONGKONG LAW SOCIETY,
By their Secretary,
EDWARD K. STACE,
The Chief
5th June, 1858. Justice
presents the
memorial
On the 10th June, the Chief Justice by leave presented the of the
foregoing memorial to the Council, which, after having been read, Hongkong
was ordered to be printed . On the same day the Governor tothe
laid on the table the draft of " An Ordinance for Practitioners Council.
in Law " which was read a first time. The Council then ad- The Governor
lays on the
journed to the 12th June. On that day, after the minutes of table the
draft of ' An
the last meeting had been read and approved , the Attorney- Ordinance
General remarked that notice of the most important part of a for Practi-
tioners
note from Mr. Cooper Turner had been omitted in the minutes . in Law."
486 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XXII, The Governor read some correspondence which had taken
1858. place with regard to Mr. Parsons having been deputed by the
Hongkong Law Society to represent them before the Council.
Discussion A letter from Mr. Parsons was read, stating that, although
upon the
memorial the printed accounts of what he had said to the Council were
and as to pretty correct, they were not altogether so ; that Mr. Woods
Mr. Parsons
having been had stated to Mr. Gaskell the same reason for signing the
deputed petition as to himself, viz. , that it was because he had seen the
by the
Hongkong names of so many great houses down , and that Mr. Woodruff
Law Society assigned the same reason . A letter from Mr. Cooper Turner
to represent
them. was read to the effect that he had read the memorial of the
Hongkong Law Society hurriedly, and returned it accompanied
with a note, stating he thought it would do, with one or two
Exorbitant exceptions - the letter not stating what exceptions. Discussion
charges
of the followed with regard to the exorbitant charges of lawyers in
lawyers Hongkong, and instances were cited in which Europeans had in-
discussed .
terested themselves in Chinese cases, and had got their bills
taxed -one case, where the charge was reduced from $250 to $ 70.
The Governor The Governor stated that he felt for the Chinese who had to
and Mr.
Anstey pay so exorbitantly, and called upon the Council to assist him
upon the in making the law as cheap as possible.
Chinese.
The Attorney - General remarked, that he formerly wished to
introduce a wholesale system of taxing, by which, if a lawyer's
bill, when taxed , should exceed the scale by one- sixth, he should
forfeit his fees, and have to pay all costs ; and that it was the
abominable cowardice of the Chinese which prevented thei
from taking advantage of the present system.
Mr. Jardine proposed that an advertizement should be inserted
in The Government Gazette, concerning the taxing of lawyer's fees.
The Ordi- The Governor then put the question that the Ordinance “ for
nance for Practitioners in Law " do pass.
Practitioners
in Law.
(Ayes. 8 ) (Noes. 2 )
Mr. Dent.
Mr. Lyall. Chief Justice.
Mr. Jardine. Colonial Treasurer.
Surveyor - General.
Chief Magistrate .
Attorney- General .
Acting Colonial Secretary .
Lieutenant - Governor.
The Hong- At the adjourned meeting of Council on the 15th June, the
kong Law Chief Justice moved , seconded by the Attorney- General , and it
Society
heard in was carried unanimously, -" that on the question for the second
Council.
reading of the ' Ordinance for Practitioners in Law,' the Hong-
kong Law Society be heard personally or by counsel ; and
MR. PARSONS UPON THE PROPOSED AMALGAMATION. 487
that the Council then receive such evidence as the petitioners Chap. XXII,
may then produce in support of their petition . " 1858.
Accordingly, on the 24th June, the Council met pursuant to Firstsion on
occa-
adjournment. It was the first time , since the date of its consti- which press
tution , that the Legislative Council was attended by members reporters
attend the
of the Press. The Governor being absent on account of ill- health, Legislative
Council.
a letter was handed to the Council by the Lieutenant- Governor ,
written by Sir John Bowring, requesting that in his absence
the chair should be taken by Colonel Caine, the Lieutenant-
Governor, which was accordingly acted upon. The following
is a condensed report of the proceedings in Council relating to
the discussion which took place on the question of the amalga-
mation of the two branches of the legal profession when Mr.
Parsons was heard on behalf of the Law Society. The discus-
sion is also of interest as showing that at this period the Court
had, as yet, no library worthy of the name, if at all, and that
Government made no contribution towards one, although some
years back, Chief Justice Hulme had started a law library by
presenting some of his own valuable books. *
" The minutes of the last Council were then read. This day being appointed
for taking the evidence on the amalgamation of the branches of the legal
profession, Messrs. Parsons, Hazeland, and Stace were present in support of
the Hongkong Law Society, ' and at the suggestion of the Attorney- General
were permitted to be heard.
Mr. Parsons said that he had been deputed to speak for the Law Society
on this occasion, and as he had had no notice whatever of this meeting, he
felt himself in an awkward position, as he had not yet been able to give any
time for preparations he might have wished to make. As no one was present
either to take their evidence, or to report that evidence, they were under
many disadvantages. He was called on to defend his profession, and as he
considered the motion in contemplation was most unconstitutional, he simply
asked a fair hearing. The public were about to take away his life , for they
were going to do what was as bad , take away his means of livelihood, and to
destroy his prospects entirely, and the object was merely to substitute barris-
ters for attorneys. It was true that the Council had been memorialized on
the subject, but in what way was the memorial got up ? He would go through
the memorial. The amalgamation had been moved by Mr. Douglas Lapraik
and Mr. Edwards, and Mr. Douglas Lapraik and Mr. Dixson, of The China
Mail, had carried it about for signature. The names of many firms appeared ,
whereas, in most instances, only individuals were actually meant. In the
multitude of councillors there is safety.' The memorialists seek to reverse
that maxim . He usually sent his clients to counsel for that reason, and never
objected to their seeing each other. He had introduced them to counsel so
frequently that if the amalgamation should occur he should lose all his clients .
The attorneys had actually taught their clients to think the barristers better
than themselves. Then counsel were admitted into society from which
attorneys were excluded [ sic ]. What will result ? Why personal friend-
ships have sprung up, and if the amalgamation occurs the bar will get all the
business. The idea of fusion was absurd. But this measure went further
still. It actually usurped the functions of His Grace the Archbishop of Can-
terbury. It makes an attorney a notary.
* See antè Chap. VIII. § I., p. 161.
Now a favourite quotation with Mr. Parsons. See antè Chap. XX. § 11., p. 458,
488 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XXII. [The Attorney-General denied this. ]
--
1858. Mr. Parsons said if documents went Home, and the notary's name were
not on record there, they were worth nothing.
[The Attorney- General asked how that would affect foreign tribunals ?]
Mr. Parsons doubted the power of a Colonial Government to affect them.
The measure should have emanated from Home. It was not competent for
the Council to deal with it. Besides, the memorial assigned no reasous for the
measure. As far back as the reign of Henry III., there was a law which
spoke of attorneys, and in the reign of Henry IV. there was a law making
an examination for an attorney imperative. It showed what an ancient class
of men attorneys were, and surely men of such high standing should not be
lost sight of, without some better grounds than simply the instigation of a
class of ignorant men.
[ The Attorney- General.- When the Colony was first established any one
was allowed to practise as an attorney in the absence of legitimate practi-
tioners. ] *
Mr. Parsons continuing :-They had no right whatever to starve any
member ofhis profession. The house of Mr. D. Lapraik was the rendezvous
of all gossiping gentlemen. The gentlemen, who were the principal movers
in this amalgamation, had been cunning enough to keep their names away
from the head of the list, knowing that, when seen, it would instantly con-
demn them ; but although this had been done, they had not been wise enough
to separate their names. He thought, as any person else would think, that
the order of signature would have had some reference to the locality of those
signing ; but on looking down the list about half-way would be seen (all
together) the names of Mr. Douglas Lapraik, Messrs. Edwards & Balley,
and A. Shortrede & Co. , the latter signed by Mr. Dixson, who perhaps was
not aware that his partner was altogether opposed to such a step as this
amalgamation . He could not suppose that Messrs. Dent, to whom he was
standing solicitor, intended to abolish him, although their names appeared at
the heading of this sham list. He had made it his business to ask all he met
why they had signed this, and went as far as to ask some passengers he occa-
sionally met in the steamers the same question.
There were two parties who had signed the memorial, and he very much
questioned their right so to do ; one, Mr. Cohen, in the absence of Phillips ,
Moore, & Co., and an assistant of Messrs. Bowra & Co. The memorial was
signed without any reason by those who signed it.
(The Chief Magistrate then asked Mr. Parsons, if he meant to infer that
the firms who had signed this memorial had done so, not believing all the
while in what they were signing. Give us some palpable case, said Mr.
Davies, and then we shall better understand you.)
Mr. Parsons replied by doing so instanter, and commenced with the firm of
Messrs. Pustau & Co. Mr. Brodersen, their representative, merely said he
did not know that the attorneys were opposed to it, and he had signed because
the other principal firms had done so, and on explaining the matter, Mr.
Brodersen proved entirely ignorant of the whole affair. With reference to
Messrs. Birley & Co., he asked the representative of that firm why he had
signed it ; why he had signed in fact his (Mr. Parson's) death warrant ?
The answer was, " why don't you have all the same charges," or something
to that effect ?
Mr. Parsons brought another case forward : he had asked Mr. Woods
why he had signed it. " Oh," said he, " I saw so many great names
already down, I put mine down too, as I do not like to be behind hand."
Mr. Gibb, on being asked, said , he was induced to sign the memorial,
* See list of Proctors, Attorneys, etc , infrà, and section 11 of Ordinance No. 6 of
1845. Also antè Chap. III. § 11. p. 74.
MR PARSONS BEFORE THE LEGISLATIVE COUNCIL. 489
because he had been led to believe that the attorneys were not opposed to it. Chap. XXII,
-
(The Attorney-General here asked Mr. Parsons to give his authority for this 1858.
statement.)
Mr. Parsons gave Mr. Stace, who, on being asked, said he had heard so,
but not directly from Mr. Gibb.
Dr. Bridges wished to know why the attorneys had not presented a counter
memorial.
Mr. Parsons said they were not aware of a memorial having been drawn
up until they saw it in The Government Gazette, and that the moment they
did see it, they challenged those concerned in it in the very next Government
Gazette to give proof, but that that proof had not been forthcoming. Mr. G.
Duddell, a clear-headed and clever man, told Mr. Cooper Turner that he only
signed it, on the express understanding that Messrs. Jardine should sign it ;
and, moreover, said that he was entirely opposed to it.
Mr. Parsons continued : -Here we come to somewhere about twenty-four
Parsees. What on the face of the earth can Parsees know about barristers
and attorneys ? How can they know their different distinctions ? We all
know that they are very frngal people, and to say that a Parsee did not look
after his coffers, was equal to saying a Chinaman did not care for a dollar ;
and that this memorial results in the signature of many gentlemen who might
hare known what they were signing, if they had only taken the trouble to
inquire. Even the members of the Council, unless they were those connected
with the legal profession, could not possibly know the relative duties of bar-
rister and attorney. He would reduce the signatures to the English members,
rejecting Parsees, Frenchmen, Americans, and such like, and then what
would it come to, as these parties could not be supposed to know much about
the English legal distinctions. * Mr. Parsons here expressed his opinion ,
that the case ought to be referred to a Committee, chosen expressely for the
purpose, and composed of disinterested parties.
The Attorney-General asked, who were more proper persons than the
Council.
Mr. Parsons thought that Mr. Anstey, for one, should not form one of the
Committee, as he certainly was not a disinterested party.
The Attorney-General here moved to the Chairman, that he should put a
stop to such personal allusions to members of the Council, as Mr. Parsons
did not appear there to question what they were doing.
The chair here admonished Mr. Parsons, who apologized for what he had
said, and proceeded.
At this stage of the proceedings a conversation arose, from an observation
made by Mr. Parsons, who said that it would cost him a good round sum
yearly to keep up his law library.
The Attorney-General said it only cost him about £ 10 .
Mr. Parsons : " Yes ; but you forget what an excellent library you have in
your head, and therefore do not require so many books. "
The Chief Justice said , his library cost him £70 to keep up per annum.
The Lieutenant-Governor, who had previously complained of indisposition ,
was here obliged to withdraw.
The Chief Justice proposed an adjournment at once “ sine die.”
The Attorney-General moved that a Committee be now formed to continne
the proceedings, and that it do now consist of all the members present.
The Chief Justice opposed it ; the members divided, -all voted " Yes," with
the exception of the Chief Justice, and the motion was carried.
The Attorney-General then moved that the Chief Justice should take the
chair, which was seconded by the Chief Magistrate, and acted upon .
* This impertinent allusion to the Parsees and other ' ignorant residents ' called forth
the most vehement remonstrance from the local press at the time.
490 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XXII. Mr. Parsons then proceeded and said, that on account of having had no
time he could not give such satisfactory evidence as he wished , as it was only
1858.
half an hour before attending the Council, that he had been deputed to speak.
Mr. Parsons then brought forward, in a rambling manner, technicalities and
examples.
The Attorney-General here made a lengthy speech concerning attorneys,
etc., in the Reigns of Henry III. and George IV.
Mr. Parsons mentioned a letter he had heard of, which had appeared in
The China Mail, which he had been told was written by Mr. Lapraik, and
thoroughly revised by the Attorney- General.
The Attorney- General, with great warmth, at once denied this accusation,
and said, that whoever said it, it was a scandalous falsehood. He then said ,
and for the last time, that Mr. Parsons should not be allowed to say such
things, and make such personal attacks ; that Mr. Parsons had been warned
of it before.
Mr. Dent here spoke and said, that Mr. Parsons had far exceeded his
license of speech, and that what he said was most scandalous.
The Chief Justice here interposed, and suggested to Mr. Parsons, that he
should confine himself entirely to matters connected with the purpose he was
present for.
The Attorney- General here demanded of Mr. Parsons, the name of the
party who had informed him concerning the letter, and after some little hesi-
tation Mr. Parsons gave the name of Mr. Moresby.
The Attorney-General instantly despatched a note to that gentleman, which,
however, failed in bringing him to the Council Room .
Mr. Parsons then made very ample apologies to the Attorney- General and
other members of the Council, for what he had said. He then proceeded to
read a letter from the Upper Canada Law Journal, showing that a call had
there been made to separate the two branches of the profession.
The Attorney-General then wished to know whether Mr. Parsons had any
evidence to bring forward (except that anonymous letter just read ) in support
of what they stated in their petition, about a ' call ' having been made, to
which Mr. Parsons replied they had not at present, but might be able to do
so if time were given them . Here Mr. Parsons made a long speech concern-
ing Ordinances , etc., and read the oaths that a Notary Public had to take
before the " Archbishop of Canterbury."
The Ordinance concerning " Practitioners in Law" was then gone into
by Mr. Parsons and the Attorney-General.
Mr. Parsons said here, that their prayer simply asked that a Committee be
formed to receive any evidence the " Law Society " may be able to produce ;
should this be denied them, their only alternative will be to petition the
Secretary for the Colonies to reject the Ordinance, so that it should not be
brought to bear upon the attorneys. Mr. Parsons having nothing further to
say, the Committee adjourned till twelve o'clock of Tuesday, the 6th instant.
Before leaving the room, the Attorney-General said, that Mr. Moresby not
having vouchsafed to either answer his (the Attorney-General's) note, or to
appear personally, the slander rests on his head, and that his honour would
not benefit by what had been said ."
At the conclusion of Mr. Parsons ' speech, it was unanimously
resolved that the Committee report progress to the Council, and
the Committee then broke up.
The whole
Colony Certainly the mercantile community were much better judges
calls for of what was best for it in this matter than the interested and
amalgama-
tion. alarmed attorneys, and for once the whole Colony called for the
MR. PARSONS TURNED OUT OF THE COUNCIL ROOM . 491
change. It may not be inappropriate therefore to reproduce Chap . -XXII.
here what was said on the subject by the leading exponent of 1858.
The local
public opinion at the time and which is so much to the point :
press upon
the subject.
"What is there gained by keeping the two branches separate in this place ?
There are no such great demands made on the legal knowledge and acumen
of either branch that either, in order to accomplish its work properly, need
confine itself to its peculiar department. The very alarm of the solicitors is
an indication that the present division is not founded on the requirements of
the Colony, but is only sustained artificially. We are not aware of the nature
of the call ' which is said to be made in Canada for a separation of the two
branches, but it is evident that, as regards the matter in hand, that old co-
lony, with its large cities, cannot be any rule for this, except in so far as it
proves that even an old and populous colony can advantageously dispense
with the separation.
The solicitors advance the supervision of the Courts, in which they prac-
tise, of their conduct and charges as entitling them to exclusive privilege
in their branch of the legal profession. Is this not like a criminal putting
forward the fact of his confinement as entitling him to levy toll on all visit-
ors to the gaol ? When the Court, as it did lately, has to cut down a soli-
citor's charges from $255 to $47 , it is evident that the necessity of this
restriction exists among the solicitors themselves, and that so far from cutit-
ling them to any exclusive privilege, it constitutes a very strong reason why
they should not have any monopoly secured to them.
We have been so sickened with Committees and Commissions of late* that
there is no chance of the petitioners of the Law Society having a Committee
before which they might be allowed to defend themselves, but if such an op-
portunity were given, their memorial and petition would be among the most
damning documents that could be put in against them. "
The Legislative Council re-assembled on the 6th July, Mr. Meeting
Parsons being present, and now came the farce. Mr. Parsons, of the
Legislative
it appeared, had really never been deputed to represent the Council
attorneys as a body, quite apart from the way in which the upon the
amalgama-
memorial alleged to have emanated from the Hongkong Law tionquestion.
Society, was alleged to have been got up , and he now met with
his deserts, being practically turned out of the Council room.
Mr. Parsons
The Attorney - General said that he was prepared to show, disowned
by the
that the Council had been imposed upon at its last meeting ; Hongkong
and he then produced and read a letter from Mr. Cooper Turner, Law Society,
and ordered
saying that Mr. Parsons had not, at any meeting of the Law to withdraw
Society, been deputed by that Society to speak for them in their Council. from the
behalf.
Denial of
certain
His Excellency the Governor then read a letter from Mr. attorneys
as to Mr.
Hazeland, saying he was not a member of the Law Society, and Parsons
denying his concurrence in their petition. representing
them .
* There had been actually two Commissions appointed recently, one to inquire into
the charges against Dr. Bridges, the acting Colonial Secretary, regarding the opium mono-
poly (ante Chap. XXI., p. 472) , and the other still pending (Chap. XXIII., ubi suprà) into
the charges brought by Mr. Anstey against Mr. Caldwell, the Registrar-General,
492 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XXII. A letter was then read also by His Excellency from Mr.
--
1858. Woods, denying in toto that Mr. Parsons had asked any ques-
tion of Mr. Woods relating to his signature to their petition ,
and denying that he had given the answer ascribed to him.
The Chief Justice reported progress of the proceedings had
at the Committee on the 29th June, and the following account
shows how the petition, alleged to have emanated from the
Hongkong Law Society, was finally dealt with : --
The Governor then inquired of Mr. Parsons, who was in attendance, whe-
ther, having finished his address, he was now prepared to complete the
evidence in support of the petition.
Mr. Parsons stated that, finding himself disowned by the Hongkong Law
Society, he must decline to take any further trouble in the matter.
The Governor then reprehended the conduct of Mr. Parsons, and on the motion
of the Attorney-General, nemine contradicente, he was ordered to withdraw
from the bar.
No other person appearing in support of the petition, or otherwise,
It was moved by Mr. Dent, and seconded by the acting Colonial Secretary, --
" That it appearing that neither the attorneys or solicitors of Hongkong in
general, nor the Hongkong Law Society in particular, authorized Mr. Am-
brose Parsons , one of their number, to appear at the bar of this Council, in
support of a petition purporting to be sigued by Mr. E. K. Stace, for and as
Secretary to the Hongkong Law Society, being the ouly petition which has
been presented against the Ordinance for Practitioners in Law ;
And it further appearing that the said petition did not in fact emanate
from, nor was authorized by, the said Society ;
And it further appearing, that the said attorneys and solicitors in general,
and the said Society in particular, did nevertheless tacitly connive at the said
unauthorized assumptions of the said Messrs. Parsons and Stace, by not re-
pudiating them, nor even protesting against the highly contemptuous and
improper language and tone of the speech made by the said Mr. Parsons at
the bar of this Council in pretended support of the said petition, and in the
name of the said attorneys and solicitors, and of the said Society ;
And lastly it appearing that the parties concerned in the said petition have
not only failed to substantiate any one of its allegations, but have themselves
disproved some of them :
The Council The Council declares the said petition to have been a fraud upon its pri-
declare vileges, and rescinding its former order that the same do lie upon the table,
athe petition determines to proceed to the second reading of the said Ordinance.”
fraud
upon its
privileges.
This done, the Governor stated he would propose the pass-
Correspond-
ence relative ing of the Ordinance at the next meeting of the Council on the
to Mr. At this
Parsons' 12th July. On this date the Council again met.
conduct meeting the following correspond ence was referred to and
and the read :-
alleged
petition
from the (1.) A letter, of the 8th July from Mr. Parsons to the Governor, reiterat-
Law Society ing his assertions, that Mr. Woods stated to himself and Mr. Gaskell, that he
and his
having been signed the memorial for the amalgamation of the two branches of the legal
deputed to profession, because he saw so many names of the principal mercantile houses
represent it . attached to the memorial.
THE CONDUCT OF MR . PARSONS . 493
(2. ) Also , a communication of 8th July, from Mr. Gaskell to Mr. Parsons, Chap. XXII.
corroborating the said assertions, and giving the additional statement as made 1858.
to them by Mr. Woods, that he thought the change would benefit their branch
of the profession .
Read a letter, of the 7th July, from the acting Colonial Secretary calling
upon Mr. Cooper Turner, as Crown Solicitor, for an explanation of the inconsis-
tency between his letter of the 4th June to Mr. Parsons, and that of the 26th
June to the Attorney-General, as well as with the statements made in his
name by the said officer.
(3. ) Reply, of 10th July, from Mr. Cooper Turner, to the following
effect : -" That he was not present at the inception nor at the drafting of the
petition ; that the same was sent to him in a hurried way for his perusal, and
he returned it without considering it much at the moment, with the note
dated 4th June last, -' I think the petition will do well,' there being no ob-
jection whatever to some portions. That in using those words he did not
intend to give an unqualified approval, or debar himself from giving the mat-
ter further consideration or reflection, -for on the same day, or the following
morning, having well considered the matter, he had an interview with the
acting Secretary of the Hongkong Law Society, and stated to him that he dis-
sented, for many reasons , from the petition ; that some of the points were
good, but that if the statements therein could not be proved, it would mili-
tate much against them. That he also expressed his dissent to two of the
profession. That the letter to the Attorney-General, dated 26th June, had
reference generally to the above interview. That with regard to the state-
ments made by the Attorney- General in Council, he could offer no remarks,
as he was not present, nor had he been informed of them. As to the address
of Mr. Parsons to the Council, -that he (Mr. Turner) was not aware that
gentleman was deputed by the Law Society to protect the interests of the
profession, or that there was a meeting called for that special purpose."
Read a letter, of the 9th July , from Mr. Stace, stating, with reference to
the letters from Messrs. Turner and Hazeland, read at the last meeting of
Council, -" That all the members of the Hongkong Law Society concurred
in selecting Mr. Parsons to address the Council in support of the prayer of
their petition. That Mr. Turner promised to accompany Mr. Parsons and
himself to the Council room, but afterwards deputed Mr. Hazeland to attend
in his stead, who " (Mr. Stace remarks) " made no disavowal at the time. "*
(4.) Draft letter, of this date from the acting Colonial Secretary to Mr.
Cooper Turner, acknowledging his letter of the 10th instant, and forwarding
for his explanation copy of Mr. Stace's letter of the 9th instant above re-
ferred to .
(5.) Letter from Mr. Douglas Lapraik to the Clerk of Councils, forwarding
an original communication from Mr. Parsons to himself, dated the 24th
March, 1858, on the subject of his bill of costs and allocatur as attorney for
--
Chinkoo, wherein Mr. Parsons states that Magisterial business is no matter
of taxation ; that he informed Chinkoo that his charge was $25 a day for
attending, and that he agreed to those terms.--That, as there were many
days in which nothing was done, he had charged only $ 15 on those days." The Gov-
ernor's
remarks
After the reading of the above correspondence and in refer- upon the
ence to the last-quoted letter, the Governor remarked upon the ch enormous
arges
necessity of checking the practice still going on of such enorm- imposed
ous charges being imposed upon the Chinese ; and, on the Chinese. upon the
* All this correspondence will be found set out in The Daily Press of the 20th July,
1858 ; see also The Government Gazette, of the 9th October, 1858.
494 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XXII. motion of the Chief Justice, it was resolved , that a notification
1858. in the Chinese language be published in The Government Ga-
Resolution zette, announcing to the Chinese that bills of costs are taxable
on motion of
Chief Justice by the Registrar of the Supreme Court as Taxing Master, and
Chinese that they should apply to him when necessary . *
thatnotified
be
in Govern
ment Gazette The Attorney-General then inquired whether the Secretary
that bills of of State, in his despatch conveying the recent confirmation of
costs are
taxable. Ordinance No. 13 of 1856 [ An Ordinance for the admission
Mr. Anstey of candidates to the rolls of practitioners in the Supreme Court
and Ordi- and for the taxation of costs ] , had made any remarks on his
nance No. 13
of 1856. report of the 8th February last, upon the operation of the said
Ordinance, the inference from this question therefore being
that the Government had adopted the course of not commu-
nicating to Mr. Anstey the views of the Home Government as
regards the Ordinances passed by the Legislature, and which , it
will be remembered, had been the cause of an unpleasant scene
between Mr. Anstey and Dr. Bridges in open Court in May,
1857.†
The Governor stated that Lord Stanley had made no remarks
on such report. His Lordship only referred to certain doubts
entertained by his predecessor, but had thought proper to allow
Ordinance
No. 12 of the Ordinance without any change. The Ordinance " for Prac-
1858 • for titioners in Law " was then passed and numbered 12 of 1858.
Practitioners This enactment was neither more nor less than an Ordinance to
in Law'
passed. empower barristers to act as attorneys. The barrister relin-
The outcome. quished none of the privileges except that of being heard in
Court, in the event of a case coming to trial. With the pass-
ing of this Ordinance, ended another of those stirring episodes
for which the year 1858 will ever stand out so prominently in
the annals of Hongkong. §
Mr. Anstey Whilst the inquiry into the amalgamation question was being
renews his
application held by the Council and a Commission actually sitting upon the
for Police
charges , hereinafter referred to, which he had brought against
protection .
Mr. Caldwell, the Registrar- General, Mr. Anstey renewed his
application, of February last, to the Governor for a policeman
for his special protection . ||
* No such Notification appears to have ever been published.
Ante Chap. XVIII., p. 432.
With reference to the conduct of Mr. Parsons, in particular, regarding this matter,
at a meeting of the Legislative Council on the 4th October, the Clerk of Councils read a
letter from Messrs. Cooper Turner and Hazeland, repudiating Mr. Parsons' opposition to
the Ordinance amalgamating the branches of the legal professions, following which a let
ter from Mr. Parsons was read denying that he had been ordered (as was stated in the
proceedings of the Legislative Council published in The Government Gazette of the 9th
October) to quit the bar of the Council room. Following this came a letter from Mr. F.
Woods, complaining that upon the above occasion Mr. Parsons had placed an improper
construction upon a conversation that had occurred between them. See further as to Mr.
Parsons, Chap. XXXI., infrà.
$ Upon the subject of the two professions, sec further Vol. 11. , Chaps. XXXVII ,
XXXVIII., XLIX., LVIII.
See antè Chap. XX. § II . p. 465.
CONDITION OF AFFAIRS IN HONGKONG. 495
On the 18th June the Governor caused Mr. Anstey to be Chap. XXII.
informed that " he could not allow a special policeman to the 1858.
Attorney- General on the groundof his occupying a solitary The Gov-
ernor's
house, with which the Government had nothing to do, but the reply.
Police may be instructed to do what they were able in the distri- Mr. Anstey
bution of their force ." Dissatisfied with this reply, Mr. addresses the
Secretary of
Anstey addressed the Secretary of State, as he feared the attacks State, and
of the Chinese, going into extraneous remarks and concluding alludes to the
constables
with the remark that " Mr. Caldwell , the Registrar- General, hadallowed to
two Police Constables told off every night for night duty at his well.Cald-
Mr.
house, besides a third who had leave to sleep on his premises." Rules and
orders of the
On the 12th July, 1858 , the Standing Rules and Orders for the Legislative
Legislative Council were published , the Standing Rules and publish
Counciled.
Orders of the 7th March of the present year being rescinded . Rules and
On the same day the Attorney- General in the Legislative orders of
7th March,
Council signified his intention of opposing such portion of the 1858,
expenditure as related to the establishment of the Registrar- rescinded.
Mr. Anstey
General, as he considered it a sinecure office. states in the
Legislative
The pawnbrokers , considering that the licences demanded of Council
them were of too exorbitant a rate, decided to close their shops . Registrar-
that the
After this they proceeded to take down their signboards as a General's
office
sign of determination on their part to oppose the Government, once is a
in which, however, there is nothing to show that they proved Pawnbrokers
successful . attempt a
• demonstra-
The authorities having received information that increased tion,
considering
watchfulness on the part of the public was necessary, the their
licences
Superintendent of Police, Mr. May, by direction , on the 24th exorbitant .
July, having regard especially to what had recently happened Police
to Mr. Hazeland, † notified that great caution was necessary in warning
increasedas to
walking or riding far away from the town unarmed or alone, watchful-
and that night passes heretofore issued to Chinese to be in the ness by
residents
public streets up to nine, would for the future be valid in effect necessary.
only to eight o'clock . The inhabitants of the Colony were now Caution as
to walking
thrown into a fervent state of anxiety, owing to the condition or residing
of affairs prevalent consequent upon our relations with China. far
fromaway
town ,
No work of any kind could be got done - tailors , shoemakers , Night passes .
carpenters, and artisans of every kind had departed from Hong- Hours
kong, and it was calculated that no less than twenty thousand reduced.
persons had taken their departure from the island . Food was, Condition
of affairs in
moreover, at almost famine prices, and an entire stoppage was Hongkong
threatened of the usual supplies of provisions for the markets. consequent
upon
Sir John Bowring had been several times approached as to the relations
state of things and as to the inefficiency of the Police, but he with China.
These were in the nature of "extracts from the Royal Instructions to the Governor
of Hongkong, dated the 6th April, 1843."
† Antè Chap. XXI., p. 478.
496 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XXII. had done nothing. It was no wonder therefore that as a first
1858. measure the community decided to memorialize him upon the
subject.
Police The inefficiency and condition of the Police Force, it may be
inefficiency added , had also been represented outside the Colony. A local
The residents
memorialize correspondent of The Straits Guardian, in a letter to that paper
the Governor
and ask for dated the 27th February, 1858 , had thus previously expressed
prompt what he termed " the unanimous verdict of the inhabitants of
remedy. Hongkong " in the matter. He said :-
The Straits
Guardian " Until the middle of last year, the clothes of the men were for the most
on the part ragged, greasy, and patched ; many had the legs of the trowsers so short
condition that the whole of the ankles were visible ; some wore boots in one of which
of the
Police Force, they could have put both legs ; it thus became a heavy labour to carry them,
and to run in them was quite out of the question ; their boots, moreover, were
old and shabby, the toes or heels of the men protruding through the leather,
and as for polish, it was nobody's business to look after that.' The men
made as much noise walking in these boots as a troop of cavalry would in
going over the same rocky ground . So much for their dresses. As for the
superior class . Of the one hundred and fifty or one hundred and sixty Por-
tuguese and India men, about twenty-five or thirty were natives of Goa or
Macao ; the others were and are now all discharged Bengal seamen , for the
most part totally unfitfor any service, as is evidenced by the hospital reports.
And to crown the whole a Mr. May is at the head of that ' respectable '
squad, —a man who has been upwards of twelve years at its head, without
being able to address any of his subordinates in his now language ; in fact,
he cannot speak a word of any other language but English ; the inefficiency
of the force speaks volumes against his capacity and ability. His father
was the most noted of the London superintendents, * but the son
We have little to say with respect to the European portion of the Hong-
kong force. There are thirty-two Europeans ; their pay amounts from $ 14
to $20 a month. They cannot speak to their subordinates but in broken and
barbarous English , for anything better would be quite unintelligible to the men."
It does not appear this time, as in the case of a former anony-
mous letter in The Straits Guardian, that Mr. Murrow was
accused of being the writer.†
The memo The following was the memorial of the community alluded
rial of the
community. to above, relating to the condition of affairs in the Colony and
" the inadequate state of the Police Force under the circum-
stances ":
Hongkong, 29th July, 1858.
Sir, - It cannot but be well known to Your Excellency that during the
past week or two, vast numbers of Chinese residents, including shopkeepers,
traders, domestic servants, and the labouring population, have taken their
departure from this Colony ; and the movement of which this is only one
symptom, appears to us of so serious a nature that we feel urgently called
upon to solicit the prompt application of some remedy to it on the part of the
Colonial Government.
It is sufficiently notorious that this flight from the island is occasioned by
menacing notices, issued by, or through the instigation of the Shunkum , -an
* See Vol. II., Chap. LXX.
See antè Chap. XIX., p. 447.
HOSTILITIES WITH CHINA AND HONGKONG AFFAIRS . 497
association of gentry professing to represent the population of the Kwang- Chap. XXII.
-
tung Province, but believed to be guided by a knot of leaders at or near Canton.
1858.
Whether this self-constituted authority has of late acquired greater influ-
ence than formerly, or whether its menaces upon the present occasion are of
a more intimidating character than usual, it seems certain that its orders are like-
ly to be much more universally and implicitly obeyed than on any previous oc-
casion of a similar nature in the history of the Colony. We are assured, and
have the best reason to believe, that within a very few days from this time,
if the movement is not adequately checked , nearly every Chinese from the
neighbouring districts now in the employment of foreigners will be com-
pelled to return to his home, thereby occasioning the greatest personal
inconvenience to every individual of the community, and completely para-
lyzing all the ordinary operations of intercourse and daily life. We are
threatened, moreover, with an entire stoppage of the usual supplies of goods,
which are derived from various points of the mainland, constituting, in fact,
the whole provision of our markets. From a very partial application of the
measure up to the present time, the price of provisions has risen enormously,
to the serious detriment of the inhabitants, both natives and foreigners ; and
we feel perfectly persuaded that these threats are of no empty character, but
both as respects the departure of our servants, and the stoppage of our sup-
plies, will be rigorously carried into effect. We are apprised through the
personal communications some of us have had with Your Excellency, that
your hands are to a certain extent tied , as respects measures of any nature
to be taken against Chinese other than residents in the Colony. At the same
time we feel satisfied, that strictly local measures are wholly inadequate to
meet the existing emergency, when the bold front of resistance that has of
late been displayed to the Allied occupation of Canton is now extended into
aggressive acts against this Colony, and indeed against foreigners wherever
they are to be found , as in the neighbouring neutral settlement of Macao.
The proper regulation of this, and all other kindred matters, undoubtedly
rests with the supreme authority in the person of Her Majesty's High Com-
missioner, the Earl of Elgin and Kincardine ; in whose absence, we would
most earnestly press it upon Your Excellency's consideration, that this is
one of those extreme occasions in which the local representatives of Her
Majesty's Government are imperatively called upon to exercise an unusual
responsibility in order to provide for the general welfare and safety.
A strong additional inducement for resolute interference, lies in the moral
effect that a policy of simple inaction would produce in the minds of the Chi-
nese resident here.
If the present movement is allowed to pursue its course unprevented, we
shall be exposed to a repetition of the evils now complained of, on every
occasion when real or fancied offence may be given to the gentry of the
neighbouring province, or the faction they represent ; so that the Chinese
will lose all confidence in the rigour of our rule, when they see us helpless to
protect them from the arbitrary mandates of their own countrymen, simply
because these are not issued within the bounds of the Colony.
We have been in communication with Chinese of respectability and influ-
ence, who can have no motive to deceive us in such circumstances as now
exist ; and we are led to believe from their representations, that the panic in
which they must unwillingly participate might to a great extent be allayed
were a stringent Proclamation issued by Your Excellency without a moment's
delay, stating, that if the present exodus of the Chinese population continue,
(more especially in the case of those who have contracted engagements by
entering the service of foreigners, ) and if the slightest attempt be made to
prevent market boats plying as usual and bringing the regular supplies of
provisions to the island, an armed expedition will be forthwith despatched to
498 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XXII , take retaliatory measures against the offending districts, and more particularly
-
1858. against those of Heang-shan and Sun-on, with the view of destroying these
places, and if need be the surrounding villages.
In the belief that the best effects would attend the announcement of a
prompt measure of this nature, we earnestly hope that the emergency will
appear to Your Excellency sufficiently grave to warrant its being at once
undertaken.
We trust Your Excellency will obtain the willing co-operation of the
Naval and Military authorities in a matter of so much moment, and we will
readily afford to Your Excellency any support which it may be in our power
to give at this critical juncture.
In conclusion, we beg to draw Your Excellency's attention to the inade-
quate state of the Police Force under the existing circumstances ; and we
would further point out to Your Excellency the - fact of numerous hongs and
houses being untenanted, and which, unless daily visited, might be the means
of affording shelter to evil-doers.
We have the honour to be, Sir, your most obedient servants,
(Signed) Jardine, Matheson, & Co.; Dent & Co.; Lindsay & Co.; Flet-
cher & Co.; Gilman & Co.; P. Campbell, Manager, Oriental Bank
Corporation ; Neave, Murray, & Co. , in liquidation ; John Costerton,
Manager, Mercantile Bank Corporation ; Gibb, Livingston, & Co.:
per pro. Blenkin, Rawson, & Co. , Fred . W. Goss ; for Birley & Co.,
Fred . T. Smith ; Henry Turner, Manager Agra and U. S. Bank :
Lane, Crawford, & Co.; Henry Kingsmill, B.A.; per pro. Phillips,
Moore, & Co., P. Cohen ; G. Harper & Co.; Benjamin Seare ; David
Sassoon, Sons & Co. ; P. & D. N. Camajee & Co .; R. H. Camajee &
Co.; Van der Hoeven & Kup ; P. F. Cama & Co .; A. L. Agabeg,
Jr.; A. Gibson ; Walter Toms ; N. Duus ; John Rickett ; J. Wil-
liams ; Eduljee, Framjee, Sons & Co.; D. N. Mody & Co.; A.
Shortrede & Co.; Sorabjee Hurjeebhoy ; M. Pestonjee ; D. Lapraik:
Bowra & Co., per W. H.; G. H. Heaton ; D. W. MacKenzie & Co.:
Alfred Wilkinson ; H. Duddell ; F. Woods ; Ambrose Parsons ;
Framjee, Byramjee, Metta & Co.; J. B. Watson ; B. Kenny ; Turner
& Co.; R. S. Langrana ; E. Soomon, per B. S. L .; Holliday, Wise,
& Co.; William Tarrant ; McEwen & Co.
His Excellency Sir JOHN BOWRING, LL.D. ,
etc., etc., etc.
The reply of On the 30th July the memorialists received the following
the Governor
as to reply :-
measures
taken for the COLONIAL SECRETARY'S OFFICE,
protection of VICTORIA, HONGKONG, 30th July, 1858.
the Colony.
Gentlemen ,-His Excellency the Governor has received your communica-
tion dated yesterday on the subject of the injuries inflicted on this Colony
by the hostile action of the Chinese, and representing the urgent necessity of
prompt and decisive measures for the protection of the Colony against pro-
ceedings threatening to its peace and prosperity.
Sir John Bowring will not fail to give the earliest and most serious atten-
tion to representations so emphatically made, and so respectably and numer
ously supported, especially as these representations are in accordance with
his knowledge of facts, and in general concurrence with his own opinions.
TREATY OF PEACE WITH CHINA . 499
But the diplomatic powers of the Governor are wholly suspended until the Chap. XXII .
mission of His Excellency the Earl of Elgin shall have terminated all exist-
1858.
ing questions and differences with the Chinese authorities. He has received
no official communication from His Lordship authorizing him to resume them
-while any hostile action against the Chinese people or territory can only
be justified by the gravest necessity .
The Government of the Colony, and the needful measures for its security,
are no doubt committed to its Supreme Authority, and Sir John Bowring
has, without delay, summoned the members of the Executive Council, and
invited the presence of the Senior Officers of the Naval and Military services,
to discuss what steps should be taken in the present exigency .
A Proclamation has been prepared and will be immediately issued in Chi-
nese and English, of which I have the honour to forward a copy.
The Senior Naval Officer has engaged to send the Chinese translations to
Heangshan and Sun-on, and His Excellency will take care that it is also
forwarded to the Allied Commandants in Canton, for communication to the
Imperial Commissioner Hwang, and to such other persons as they may deem
necessary. Meanwhile Sir John Bowring ventures to hope for the early arri-
val of Her Majesty's Ambassador and the Naval Commander-in - Chief, not
doubting that they will relieve him from his grave responsibilities by the
adoption of prompt and energetic action against the reckless disturbers of the
public peace .
As regards local arrangements, instructions have been given to the Police
to exercise the utmost watchfulness . The time at which Chinamen with-
out passes are allowed to be in the streets has been limited to 8 o'clock p.m .;
and Military Patrols have for several nights paraded the populous parts of
the city, and will continue to do so.
The attention of the Police is especially called to the necessity of watch .
ing those unoccupied houses which might prove lurking-places to evil-doers ;
and His Excellency ventures confidently to hope that, with the friendly co-
operation of Her Majesty's subjects, and the adoption on their part of such
precautions as are demanded by prudence and foresight, our present disquiets
and difficulties will be succeeded by the establishment of the public peace,
and the extension of the public prosperity. - I have, etc.,
(Signed) W. T. BRIDGES,
Acting Colonial Secretary.
A copy of the proclamation mentioned in the foregoing Proclama-
letter, announcing the restoration of peace between England tion
announcing
and China and requiring obedience to the law and good beha- Treaty of
Peace
viour on the part of the Chinese inhabitants, is given hereunder, between
the same being published in The Government Gazette of the 31st England
and China
July : --
- and requir
PROCLAMATION. ing obedience
JOHN BOWRING. to law
and good
Peace has been happily established between the Queen of Great Britain behaviour
and the Emperor of China. The solemn Treaty was signed at Tientsin on on the part
of the
the 3rd July, by High Commissioners for that purpose appointed . Chinese
It is the duty of all good subjects reverently and obediently to give effect inhabitants.
to the engagements entered into by their respective Sovereigns, and most
especially so when those engagements proclaim amity, harmony, and good-
will.
500 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XXII. In this Colony great numbers of Chinese are settled . They have taken no
1858. part in any hostilities, but have pursued their avocations in peace and due
submission to the laws ; many of them have been engaged in the service
of Her Majesty's subjects, have contracted engagements with them, and are
entitled to the protection and friendship of the British authorities.
But, in disregard of the obligations of Treaties, and of the Will of His Im-
perial Majesty, menacing Proclamations and Orders have been issued, com-
pelling the peaceful residents of this Colony to quit their abodes , —to violate
their obligatious, -to neglect their duties, -and to flee to the mainland of
China ; and these menaces have proceeded principally from the districts of
Heang-shan and Sun-on.
Now, be it known to those who have issued, or who shall seek to give
effect to such menaces, and especially to the authorities and gentry of Heang-
shan and Sun-on, that these acts of hostility cannot be tolerated by me ; and
that, unless the Proclamations and Orders, compelling the Chinese people to
leave this Colony, be immediately withdrawn, and the people who have left
the Colony allowed without delay to return to their business, and to the ser-
vice of those with whom they have been engaged, the places and persons to
which these hostile acts are traceable will render themselves liable to signal
punishment.
Moreover, attempts have been made to stop the supply of provisions to this
Colony ; and it is hereby proclaimed, that every person who shall arrest the
safe and regular transport of articles intended for the markets of Hongkong,
does, by such act, declare himself an enemy of Great Britain, and a lawless
subject of the Emperor of China, and will be severely visited for his offence.
Let, therefore, the disturbers of the public peace take warning, -and the
well-disposed rely on the protection which this Government is willing and
able to afford.
Given at Victoria, Hongkong, this 30th day of July, 1858.
By His Excellency's command,
W. T. BRIDGES,
Acting Colonial Secretary.
GOD SAVE THE QUEEN,
501
CHAPTER XXIII.
1858 .
Neglect ofthe authorities to inquire into charges brought by the Attorney-General against
Mr. Caldwell. - Sharp debate in Legislative Council affecting the Registrar-General's cha-
racter.- Mr. Anstey's resignation as a Justice of the Peace, on account of his declining to sit
with Mr. Caldwell. - Mr. Anstey's reasons. -Mr. Anstey addresses the Secretary of State
upon the subject. The Governor declines to accept Mr. Anstey's resignation as J. P.,
and asks him to reduce his charges to writing. -Mr. Anstey's reply.- Sir John Bowring
asks the Justices to inquire.- The Justices refuse to interfere. -A Committee appointed.—
Mutual recriminations. - Sir John Bowring asks Secretary of State to await result of
investigation on Mr. Anstey's ex parte statements. -Alludes to Mr. Anstey's ' restless
nature. -The Commission issued. The Warrant of Commission. -The list of charges
against Mr. Caldwell. -The inquiry public. - Disgraceful scene between Mr. Anstey and
Dr. Bridges. - Dr. Bridges' attack upon Mr. Anstey.- Mr. Anstey's revelations regarding
relationship between Sir John Bowring and Dr. Bridges. - Sir John Bowring refers
in the Legislative Council to his privileged communications with Mr. Anstey. - The
report of the Commission. - Some of the facts proved.- Mr. Caldwell's appointment
as a J. P. deemed injudicious.- Dr. Bridges ' acuteness consequent upon Mr. Anstey's
relations with the Government. -Mr. Mercer obtaining an extension of leave, Dr. Bridges
wishes to resume the practice of his profession.'-The Governor's reply. - Sir John
Bowring informs the Secretary of State Mr. Mercer's prolonged absence causes him much
perplexity. The Secretary of State's acknowledgment of Dr. Bridges' services. - No
expression of regret at resignation. - Report of the Commission forwarded to Mr. Anstey.
-Mr. Anstey informed unless his defence is satisfactory, he will be suspended. —Mr.
Anstey protests against the charges against Mr. Caldwell being called his charges, and
asks for a copy of the evidence. -The report of the Commissioners attacked by the Press.
-Mr. Anstey's answer.-Mr. Anstey informed that Executive Council would consider advi-
sability of suspending him.-Mr. Anstey forwards further memoranda to Dr. Bridges,
asking for a fair trial.- The Executive Council decide to suspend Mr. Anstey.- Mr.
Anstey's suspension anticipated. -Applications for the vacancy had already reached
the Government. - Mr. Anstey suspended from office and removed from the Commission of
the Peace. Mr. Day appointed acting Attorney-General. - Mr. Austey memorializes the
Secretary of State. His attack upon Colonel Caine.-The Secretary of State informed of
Mr. Anstey's suspension and of Mr. Day's appointment as acting Attorney-General. Sir
John Bowring also recommends Dr. Bridges for the Attorney- Generalship. - Sir John
Bowring's despatch reporting the suspension of Mr. Anstey.- “ Insubordination to his
authority and disrespect to his station and years." -The Bishop of Victoria takes a
charitable view of Sir John Bowring, -Sir John Bowring as belonging " to an unsatis-
factory political and religious school."
Chap. XXIII.
THE Attorney- General had several months ago brought some Neglect
very serious charges against Mr. Caldwell, the Registrar - Gene- of the
authorities
ral , which the local Government neglected to investigate. to inquire
into charges
brought by
On the 10th May there was a sharp debate in the Legislative the Attorney-
General
Council, in which the charges were brought up as affecting the against Mr.
Registrar-General's character. Caldwell.
Sharp debate
in Legisla
On the 13th the Attorney- General forwarded his resignation tive Council
to the Governor as a Justice of the Peace, as he declined to sit affectingthe
Registrar-
on the same Bench with a person against whom these charges General's
had been made, but whose word of denial was considered suffi- character.
Mr. Anstey's
cient to meet and answer them. Mr. Anstey said he " founded resignation
502 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XXIII. his reasons not so much upon the antecedents of Mr. Caldwell's
1858. life passed among Chinese outlaws and pirates, nor upon his
as a Justice alliance by means of his wife,-a Chinese girl from a brothel , —
of the Peace
declining with some of the worst Chinese in the Colony," but on the fact
to sit with
Mr. Cald- that he considered him unworthy of the position he held owing
well. to his long connexion with the notorious pirate and informer
Mr. Anstey's Ma Chow Wong, and " as a speculator in brothels and brothel
reasons. licences ."
Mr. Anstey Mr. Anstey at the same time addressed the Secretary of State
addresses the
Secretary upon the subject, supplying the Governor at the same time with
of State a copy of his letter. On the 14th May, the Attorney-General's
upon the
letter was answered . In this answer the Governor declined to
subject .
The Governor accept Mr. Anstey's resignation , and called upon him to reduce
declines to his charges into writing.
accept Mr.
Anstey's
resignation
as J. P., and A reply was sent stating that he, Mr. Anstey, refused to act as
asks him to a Justice of the Peace ; that, as for giving the charges in writing,
reduce his
charges to he had done so more than once when they had been passed in
writing. silence ; and that he should therefore decline allowing any more
Mr. Anstey's of his written charges to run the same chance of neglect.
reply.
Sir John
Sir John Bowring thereupon summoned together the Justices,
Bowring
asks the to inquire into the charges, as affecting the character of the
Justices to.
inquire. Bench ; but, on the motion being put to them at the meeting,
The Justices the Magistrates by a majority determined not to interfere in the
refuse to matter, considering that the investigation lay entirely with the
interfere.
Government. Nothing was left but for the Council to appoint
A Committee a Committee to inquire into the charges. The mutual recrimi-
appointed.
nations in which the heads of departments were indulging at
Mutual
recrimina- this period were scandalous in the extreme, disgraceful to the
tions.
service, and detrimental to the Colony.
Sir Jolm Sir John Bowring, in alluding to the letter addressed
Bowring
Secretaryasks directly to Lord Stanley by Mr. Anstey, asked His Lordship,
of State to
await result on the 18th May, " to wait the result of the investigation before
of investiga coming to a decision on Mr. Anstey's ex parte statements ," and
tion on Mr. he added " I cannot, however, refrain from mentioning that since
Anstey's
ex parte Mr. Anstey's arrival in the Colony (with the exception of the
statements. periods of his absence therefrom ) there has been little peace.
Alludes to Mr. Anstey's restless nature has caused infinite annoyance to
Mr. Anstey's
•restless the Government, and the cases referred Home (though suffi-
nature.' ciently characteristic ) are but a few of those with which I have
had the disagreeable duty to deal."
The Commis- On the 20th May the Government issued a Commission con-
sion issued . sisting of Mr. Cleverly, the Surveyor- General , Mr. Davies, Chief
* Antè Chap. XIX., pp. 444-447.
INQUIRY INTO CHARGES AGAINST MR. CALDWELL . 503
Magistrate, and Messrs . Lyall, Fletcher, and Scarth , Justices of Chap. XXIII .
the Peace, to inquire into the charges made by the Attorney- 1858.
General against the Registrar- General.
The following is a copy of the Commission , together with a The Warrant
of Commis.
list of the charges preferred against Mr. Caldwell drawn up by sion.
the Government, but in regard to which Mr. Anstey positively
declined any responsibility and emphatically demurred , as will
be seen hereafter, as to their being in any sense his charges : -
WARRANT OF COMMISSION.
Whereas certain charges have been brought in the Legislative Council and
in official documents by the Honourable Thomas Chisholm Anstey, Esquire,
Attorney-General, against Daniel Richard Caldwell, Esquire , Registrar-
General, which necessitate an inquiry into the truth of such charges ; and
whereas such inquiry will be most conveniently and expeditiously prosecuted
by means of a joint Commission of officers of the Government, and Justices
of the Peace ; now, therefore, know ye, that I, Sir John Bowring, Knight,
LL.D., Governor and Commander-in-Chief of the Colony of Hongkong, and
its Dependencies, and Vice-Admiral of the same, do hereby under my hand
and the Seal of the said Colony, appoint you, the Honourable Charles St.
George Cleverly, Esquire, Surveyor- General of the said Colony, the Honour-
able Henry Tudor Davies, Esquire, Chief Magistrate for the said Colony, the
Honourable George Lyall, Esquire, Angus Fletcher, Esquire, and John
Scarth, Esquire, Justices of the Peace for the said Colony ; or any three of
you, to be a Commission for instituting and prosecuting all needful and pro-
per inquiries into the truth or otherwise of the under-written charges, which
embrace the accusations made by the Attorney- General against the Registrar-
General ; and to take evidence, but not upon oath, in the premises ; and to
report to me all evidence so taken by you, and also your opinions thereon.
And I do hereby require you to commence your said inquiries forthwith, and
to proceed therein continuously, and to make your report to me as aforesaid
with all reasonable despatch. And I do hereby empower you, during the
course and for the purposes of your said Commission , to obtain at the expense
of the Government such professional or other assistance as you may deem
necessary, and to demand and obtain access, at all times, to all and all manner
of papers, records, and documents, relating to the subject matter of the said
Commission, and in the custody or under the control of the several public
departments, within this Colony, and from time to time to call before you
and examine all persons superintending or employed in or under any of the
said departments .
And I do hereby charge all persons in the Public Service to be aiding and
assisting unto you herein.
Given under my hand and under the Seal of the Colony of Hongkong, at
Victoria, in the said Colony, this twentieth day of May, A.D. , one thousand
eight hundred and fifty-eight.
(Signed) JOHN BOWRING,
The list of charges , as alleged to have been preferred by Mr. The list of
charges
Anstey against Mr. Caldwell, was the following :- against Mr.
LIST OF CHARGES Caldwell.
Preferred by the Attorney- General to the Government against the
Registrar- General.
1. With being unfit to be a Justice of the Peace.
2.--With having a scandalous connexion with a brothel licensed by him-
self, namely, Brothel No. 48 .
504 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XXIII. 3. With having passed a portion of his life among Chinese outlaws and
pirates.
1858.
4.-With an alliance with some of the worst Chinese in this Colony through
his wife-a Chinese girl from a brothel.
5. With being a speculator in brothels and brothel licences.
6. With being long and intimately connected with Ma Chow Wong ; and
that that connexion is still subsisting ; and that the principal link in that
connexion is the bond of affinity by adoption according to Chinese law.
7. With being in the habit, on Ma Chow Wong's unsupported information,
of arresting and discharging persons, and of confiscating or restoring property.
8. That the Chinese dare not now complain of the connivances and pro-
curements of Mr. Caldwell, the patron of the outlaw Ma Chow Wong.
9. With having procured bail for Ma Chow Wong ; such bail being a
servant of his own (Mr. Caldwell's), who had been but a month before in
prison for debt.
10. With audaciously denying that the books and papers of the pirate's
hong contain any evidence of Ma Chow Wong's guilt, with having deceived
the Executive Council in the inquiry had relative to Ma Chow Wong, and
with being convicted of falsehood by Mr. May. *
11. With being partner with Ma Chow Wong in a lorcha, and that there
were entries in Ma Chow Wong's books, and made by him, of moneys paid to
Mr. Caldwell on account or out of the produce of plunder made at sea. *
12. With harbouring Ma Chow Wong's wife after his conviction.
13. With inducing the Attorney- General at the beginning of 1857, to
order the release of a great number of men, who Mr. May knows to have
been pirates, and who Mr. Caldwell ought to have known at the time were
pirates.
14. With buying land in the Colony since December last, when he became
licenser of brothels.
15. With having once owned three unlincensed Hongkong brothels at
a time.
16. With having a Chinese sister-in-law by blood or usage, who in 1856-
57 was keeping brothels.
17.- With receiving the monthly rack rentals of houses, and in particular
of a brothel standing on 11 Crown lots, down to the present mouth of May,
18.- With having informed Mr. May, that he, Mr. Caldwell, was a mem-
ber of a Secret Society.
19.― With having informed Mr. May, that although he would not himself
take bribes, he would not object to his wife doing so.
The Commission held its first sittings on Thursday, the
The inquiry 27th May, this and subsequent meetings being open to the
public.
public . At the meeting of the 1st July a disgraceful scene
Disgraceful occurred between Mr. Anstey and Dr. Bridges, when both hap-
scene
between Mr. pened to be present. The charge of malpractices , having become
Anstey and . extended , came to be applied to Dr. Bridges, during the period
Dr. Bridges
he fulfilled the duties of Attorney-General. Dr. Bridges was
Dr. Bridges'
attack upon called upon to give his evidence, but, instead of doing so, he
Mr. Anstey, made an attack upon Mr. Anstey, not for the commission of any
* See antè Chap. XIX., p. 446.
REVELATIONS RESPECTING DR. BRIDGES . 505
malpractices, but for harassing and slandering him . Dr. Chap. XXIII .
Bridges upon this occasion threw the first stone, and used lan- 1858.
guage that seemed meant to provoke blows. In vain the Chair-
man tried to stop him, -- the attempt to do so was like adding oil
to the flame. The result was as might have been anticipated .
Mr. Anstey retorted most effectively, not confining himself to
any differences between Dr. Bridges and himself, but proceeding
with the business before the meeting by stating what the mal-
practices were with which the former was charged . Mr. Anstey
made the most astounding revelations yet heard of regarding Mr. Anstey's
revelations
the relationship which had existed between the Governor and regarding
relationship
Dr. Bridges. This is what he said , taken verbatim : -- between
Sir John
" In the face of the menace which Dr. Bridges in the Governor's name has Bowring and
Dr. Bridges.
held out of some official inquiry to begin when this Commission has ended
its own, I will state generally what the malpractices were which were imputed
by the Governor to Dr. Bridges, and which, or some of which , I restated to Mr.
Mercer at the time. The Governor said he was never able to obtain an
unbiassed opinion from Dr. Bridges, by reason of his being mixed up with a
great quantity of local business ; that there was a strange and illicit conne-
xion between him and the Chinese community ; that he used it to the great
discredit of his office by every kind of extortion of an usurious character, he
being an extensive money-lender amongst that people ; that the house where
he lived and had his office, and conducted the business of the acting Attor-
ney-General was full of opium and other kinds of merchandise not belonging
to himself, but deposited with him by their Chinese owners in pawn ; that he
obtained, and through his position, I understood, much higher interest than
they could honestly pay ; the maximum was so ridiculously incredible, except
on the supposition of the goods being stolen goods, that I forbear to mention
it ; and he said that it was a scandal to the neighbourhood to see how the
pawned goods came in and went out through the lower apartments of the
house, as I understood . He further said, that the very moment of Dr.
Bridges' departure from the Colony was the signal for all manner of com-
plaints, impeaching Dr. Bridges's conduct in office and otherwise, and privately
made to the Governor, of which the latter had never before had any notice.
Finally, His Excellency said that he deeply regretted he had been weak
enough to give some strong certificate in the shape of a letter of credentials,
which Dr. Bridges had taken away with him ; but he said that he had
been very careful to confine it to his ability as a lawyer ; and that he had
explained in the proper quarter that, by lawyer, he did not mean an interna-
tional lawyer. These were only some of the many things which I was very
much pained to hear from him ; but I remember well that so grave were his
professions of distrust, that he went on to say, " He can do you no harm, for
he shall never again hold office in this Colony , " he repeated that on several
occasions afterwards. I remember Mr. Mercer telling me soon afterwards
that the Governor had made him very angry one morning, by opening the
question of Dr. Bridges to him, and to the effect that he, the Governor, was
in the habit of hearing such awful disclosures about Dr. Bridges's misconduct
and that he did not know what to think."
* This must have been when Dr. Bridges hurriedly relinquished the acting Attorney-.
Generalship to proceed to England to urge his claims - sce antè Chap. XVI . § II., p. 369.
+ Probably this was in allusion to the Arrow incident which formed the subject of
discussion in Parliament and in reference to which Dr. Bridges had been consulted when
acting Attorney-General- see ante Chap. XVIII. p. 431. See also his opinion as to the
Chinese being beyond the pale of civilized nations repudiated -antè Chap. XVI . § II.,
p. 377.
506 HISTORY OF THE LAWS , ETC .. OF HONGKONG .
Chap. XXIII. Mr. Anstey continuing said : -
--
1859. " I remember Mr. Mercer telling me that he took up the Governor roundly
and said yes, I know that Dr. Bridges's enemies are trying to destroy him,
now that his back is turned ,* but every one of them will live to see his mis-
take, ' or words to that effect. I think that occasion led to my mentioning
to Mr. Mercer, in some way general or particular, the nature of the charges
which I had heard against Dr. Bridges, and he assured me that they were
false, adding these words which make me remember it -' We were at Oxford
together, but I am not blinded by my friendship for him. I know his faults .
He is no beauty, but he has not done those things. ' On the other hand, I
found a very strong impression in other quarters that the Governor's statements
were not ill-founded, and twice during that spring I had to repel the advances
of Chinamen offering me bribes, if I would assist their friends in prison. "†
Sir John
In what humour Sir John Bowring must have heard of these
Bowring
refers in the disclosures and Dr. Bridges received them, especially in his
Legislative
Council to relations with the former, may be better imagined than de-
his privileged scribed , but that Sir John Bowring substantially may have so
communica
tions with confided in Mr. Anstey there could be but very little doubt .
Mr. Anstey. Yet subsequently he allowed himself to be influenced in select-
ing this very man of whom he held such an opinion to be acting
Colonial Secretary ! As will be seen hereafter, on the 2nd
August before the Executive Council, and on the 4th October
in the Legislative Council, Sir John Bowring referred to
what he called his privileged but now ' distorted ' communica-
tions with Mr. Anstey . ‡
The Commission having completed its labours drew up it
report . It found that eight of the charges brought against Mr.
Caldwell had no grounds for being brought or at all events
that no proof of them had been brought forward ; that seven of
the charges were unproved , but that there were grounds for
of the bringing them ; and that four were proved , and it conclu‹led
Some proved.
facts
Mr. Cald by stating that though some facts had been proved, " it appeared
well's to a majority of the Commission , that, although M. Caldwell's
as a J. P.
appointment original appointment as a Justice of the Peace may have been
deemed
injudicious, they ( the facts proved in the Commission's opinion )
injudicious. did not necessitate so strong a measure as his removal from that
The report office. ' The following is a copy of the report dated the 17th
of the
Commission. July :-
REPORT.
COUNCIL CHAMBER,
Saturday, 17th July, 1858 .
Sir,--We, the Members of a Commission appointed by Your Excellency, on
the 20th May, 1858 , to inquire into and report upon certain charges against Mr.
Caldwell, the Registrar- General, having inquired into the same do now report.—
That we commenced our public proceedings on the 27th May last, and
have had twenty-five sittings , extending over a period of seven weeks ; that
we have examined upwards of fifty witnesses , and a vast mass of documents,
* Dr. Bridges was at this time in England seeking permanent advancement.
+ An instance of this has already been referred to in this work- see antè Chap. xx.
§ I., p. 451.
See Chap. XXIV., infrà.
REPORT OF COMMISSION ON CHARGES AGAINST MR. CALDWELL . 507
and have extended our inquiries into a number of matters , some of which, Chap XXIII.
irrelevant as they may now appear, were so woven into and combined with
1858.
the immediate subject of inquiry, that it was not considered safe to leave
them unexamined . We allowed ourselves great latitude as to the kind of
evidence we admitted , and were obliged to do so particularly in the matter of
hearsay evidence, though not to the extent which the Attorney-General (who
sent a protest on the subject) considered justifiable or even necessary. We
may observe here, that the same gentleman also forwarded a protest against
the manner of taking Chinese evidence, as being in his opinion palpably
favourable to Mr. Caldwell. But we now repeat, what the Chairman stated
at the time of the reception of the protest, that we consider the Attorney-
General's complaint totally unfounded .
We have experienced great difficulty in our labours : First, from the nature,
arrangement, and wording of the charges ; some of which it appeared unneces-
sary, as it certainly was most distasteful to us, to inquire into ; secondly,
from the reluctance of witnesses to give evidence ; and thirdly, and especially,
from the refusal of the Attorney-General to act as accuser, or to recognize
the charges as his charges. Under these circumstances, we considered it
advisable to engage the services of Mr. Day to act as examiner, parties in-
terested being informed that he would receive at his Chambers any informa-
tion which it was intended to bring before the Commission.
On the subject of our inquiry we report : -
That charge 2 has been satisfactorily met and explained by Mr. Caldwell,
though there existed strong primâ facie grounds for bringing it .
That charge 4 is not proved, but that there were grounds for bringing it.
That no proof whatever has been brought forward in support of charge 5 .
That charge 14 is not proved as regards Mr. Caldwell himself, though it
appears that Mrs. Caldwell has had transactions in laud and houses for her sister
since December last, when Mr. Caldwell became Licenser of Brothels ; but
that there is no evidence that Mr. Caldwell had any knowledge of such
transactions.
That charge 15 has not been proved.
That no proof has been given in support of charge 16, but that there
were grounds for bringing it.
That there is no proof whatever of charge 17, and that there were no suf-
ficient grounds for bringing it.
That there were no grounds whatever for bringing charges 18 and 19 .
That there were no grounds whatever for bringing charge 3.
That with regard to charge 6, a long and intimate connexion between Mr.
Caldwell and Ma Chow Wong has been proved , but that there is no proof of
any connexion by affinity according to Chinese law or custom.
That with regard to charge 7, it is proved that Mr. Caldwell has been in
the habit, on Ma Chow Wong's unsupported information, of arresting persons ;
but that there is no evidence as to his confiscating or restoring property.
That as regards charge 8 , there is no evidence of any connivances or pro-
curements of Mr. Caldwell ; but that it is manifest that the Chinese are very
averse to give evidence against him.
That as to charge 9, it has been proved, that Mr. Caldwell aided in the
acceptance of Sze-kai, his former servant, as bail for Ma Chow Wong, and
that Sze-kai had been imprisoned for debt, for a few days, a short time pre-
viously.
That we think it unnecessary to make any other observation regarding
charge 10, than that there is no evidence of Mr. Caldwell having deceived
the Executive Council.
* See antè Chap. XIX., pp. 445-447.
508 HISTORY OF THE LAWS, ETC., OF HONGKONG.
Chap. XXIII. That with reference to charge 11 , a partnership with Ma Chow Wong in
-
a lorcha is proved , and in fact admitted by Mr. Caldwell ; but that there is
1858.
no evidence as to payments to Mr. Caldwell out of the produce of plunder
made at sea.
That as to charge 12, there is no evidence whatever.
That of the fact stated in charge 13 , of the release of the men upon Mr.
Caldwell's representation as to their character, there is no doubt whatever ;
and that it appears incomprehensible how any person with Mr. Caldwell's
knowledge of the Chinese language, and holding the appointment he did ,
could have been ignorant of the character of the boats in which the men
were seized, and that one at least of these men was a notorious pirate, parti-
cularly as it is in evidence that Ma Chow Wong was connected with the
boats.
That with regard to charge 1 , it being only a matter of inference, we find
in support of such inference, that a sum of money was offered by a Chinaman
as a mark of gratitude to Mr. Caldwell for being instrumental in the release
of a lorcha seized by pirates, in which the man's father was ; but that this
money was refused by Mr. Caldwell, and on such refusal that it was offered
to Mrs. Caldwell as a present for the children. A majority, however, of the
Commission do not feel satisfied that Mrs. Caldwell accepted this money. It
has also been proved that a Chinese female named Shaplok, who has been
in frequent communication with Mr. Caldwell (and is reported , but not proved,
to be a sister by Chinese usage, of Mrs. Caldwell), received from the Foo
Fai pawnshop the sum of $400, because the sentence on a pawnbroker
belonging to the said shop had been mitigated, as was supposed, through her
influence, and that she received a further sum of $50 for her personal trouble
in the matter. Further, since the commencement of this inquiry, Mr. Cald-
well has , solely upon the information conveyed in an anonymous letter, that
certain property had been stolen, personally, and without the assistance of
the Police, searched a room in the occupation of Assow, the Police Court
Interpreter, whom Mr. Caldwell knew to be about to give evidence before
the Commission. Mr. Caldwell, in the opinion of the Commission, acted in
this matter injudiciously, to say the least of it.
Notwithstanding these facts, coupled with the circumstance of Mr. Cald-
well's connexion with so notorious à character as Ma Chow Wong, it appears
to a majority of the Commission that, although Mr. Caldwell's original
appointment as a Justice of the Peace may have been injudicious, they do
not necessitate so strong a measure as his removal from that office.
Finally, we would state, that in the course of the inquiry it has come to
our knowledge, that previous to the appointment of the Commission, certain
papers connected with Ma Chow Wong's trial, and which might have been of
service to the Commission, have been destroyed ; but it has been clearly
proved that their destruction was ordered solely because they encumbered
the Chinese Secretary's Office, while it appeared that they were then of no
value, and could not be further required . —We have the honour to be, Your
Excellency's most obedient humble servants,
CHAS. ST. GEO. CLEVERLY, Chairman.
H. TUDOR DAVIES .
GEORGE LYALL.
A. FLETCHER.
JOHN SCARTII.
To His Excellency
Sir JOHN BOWRING, Kİ. LL.D. ,
Governor ofHongkong.
&c., &c., &c.
See ante Chap. XX. § 11., pp. 465-466,
DR. BRIDGES RESIGNS THE ACTING COLONIAL SECRETARYSHIP. 509
Knowing probably what the consequences of Mr. Anstey's Chap. XXIII.
relations with the Government would end in, and evidently with 1858.
an eye to the future, notwithstanding his own indiscretions ' Dr. Bridges'
acuteness
so prominently disclosed in the opium monopoly inquiry of consequent
May last, Dr. Bridges, on learning that Mr. Mercer, the Colonial upon Mr.
Anstey's
Secretary, had had an extension of leave, wished at once to give relations
up the acting Colonial Secretaryship in order " to resume the exer- Government.
with the
cise of his profession " (sic). † In other words he wished to throw Mr. Mercer
off the shackles of his official position , now made so much more obtaining
an extension
burdensome and anomalous by his own doings, in order to of leave,
prepare himself for that other opening when it presented itself,
Dr. Bridges
wishes 'to
namely, the Attorney- Generalship. Accordingly, on the 21st
resume the
July, he wrote to Sir John Bowring and asked to be allowed practice of
his profos-
to resign his appointment on the grounds stated above, the sion ."
Governor asking him in reply to continue in office for a short The Gov-
time longer to give him the benefit of his aid " until matters ernor's reply.
pending before the Executive Council were concluded . ”
Sir John Bowring on the same day communicated with Sir Sir John
Bowring
Edward Bulwer Lytton , the Secretary of State, telling him of Dr. informs the
Bridges ' resignation and that Mr. Mercer's prolonged absence was Secretary
of State
causing him much perplexity. In acknowledging the receipt of Mr. Mercer's
his letter on the 7th October, Sir Edward Lytton asked Sir John prolonged
absence
Bowring to convey to Mr. Bridges " the acknowledgments of causes him
Her Majesty's Government for the very effective services which much per-
plexity.
he had rendered to the community of Hongkong, and the energy The Secretary
and judgment which he had displayed in discharging the duties of State's
of the temporary office which he had accepted at a period of no acknowledg
ment of Dr.
ordinary difficulty. " A very hollow form, it will be admitted , Bridges'
considering the circumstances of the resignation, -and that services.
No expres-
there was no indication of regret at such resignation on the sion of
regret at re-
trivial grounds advanced . signation.
On the 23rd July the Governor forwarded a copy of the Report of the
report of the Caldwell Commission to Mr. Anstey for his consi- Commission
forwarded to
deration and explanations . Being of opinion that none of the Mr. Anstey.
charges against Mr. Caldwell had been substantially proved and
considering his behaviour before the Commissioners and his utter
disregard of the respect due to the higher authorities of the
Colony, by which he had caused " much public scandal, " Sir Mr. Anstey
John Bowring warned Mr. Anstey that, unless his defence informed
less his un-
was satisfactory, he would consider the propriety of suspending defence is
satisfactory,
him from the exercise of his functions as Attorney-General. he willbe
That Mr. Anstey had brought this on by his own indiscretions , suspended.
there can be no mistake. The correspondence being of interest,
* Antè Chap. XXI ., p. 472.
He already enjoyed the right of private practice.
See his statement in the Executive Council on the suspension of Mr. Anstey on the
7th August, p. 514, infrà.
510 HISTORY OF THE LAWS, ETC. , OF HONGKONG .
Chap. XXIII. even at this date, is here reproduced . The following was the
1858. letter addressed to Mr. Anstey, by direction of the Governor : -
Colonial Secretary's Office, Victoria,
Hongkong, 23rd July, 1858.
Sir,
His Excellency the Governor directs me to inform you that the report
of the Commission into the charges made by you in the Legislative Council,
and subsequently in writing, against the Registrar- General, with the accom-
panying documents and evidence, have been submitted to and carefully con-
sidered by him. His Excellency finds that none of these charges have been
substantially proved ; that many of them are reported to have been brought
on insufficient grounds ; that, as regards four at least, there were no grounds
whatsoever for your accusations ; and he cannot but consider the decision of
the Commissioners as to the accused retaining his position as a Justice of the
Peace in any other light than as an exculpation of him. His Excellency
regrets to perceive, after the many warnings which you have received, that
you brought forward these charges with precipitancy, and endeavoured to
support them before the Commission with intemperance, and an appearance
of malignity and partiality ; and , moreover, that you were betrayed during the
proceedings into introducing much vituperative and defamatory matter, in
utter disregard of the respect due to the higher authorities of the Colony,
causing thereby much public scandal, without in any way furthering the
objects of the Commission or the promotion of the public good . The proper
discharge of the functions of Crown Prosecutor and Law Adviser of the Crown
necessitates the possession of qualities in which you have proved yourself to
be entirely deficient, by your inability in this matter to distinguish between
real guilt and the mere effusions of private malice or common report. His
Excellency desires you to furnish him in writing with such explanation or
defence of your conduct as you may deem advisable, ordering me at the same
time to inform you, that should such written statement not be satisfactory to
him, it will be his painful but imperative duty to submit to the Executive
Council the propriety of his suspending you from the further exercise of your
functions as Attorney-General.
A copy of the report of the Commission is herewith forwarded to you . -
I have, etc. ,
(Signed) W. T. BRIDGES,
Acting Colonial Secretary.
The Honourable the Attorney-General,
etc., etc., etc.
Mr. Anstey The temper discernible in this letter speaks for itself.
protests
against the
charges In reply, the next day, Mr. Anstey again protested against
against Mr.
'Caldwell the charges regarding Mr. Caldwell being called his charges
being called ( in the qualification of which, as has been seen , the Commission
charges
his ,
and asks for also were very cautious in their report ) and asked for a copy of the
a copy of the evidence taken before the Commissioners. Meanwhile the report of
evidence.
The report the Commissioners was being virulently attacked by a portion ofthe
of the local press, The Friend ofChina alleging that the principal charge
Commis-
sioners
attacked by * On this subject see also his Minute of Protest of Privilege. Chap. XXIV.
the Press. ubi suprà.
MR . ANSTEY'S SUSPENSION CONSIDERED . 511
against Mr. Caldwell had broken down through a " contempti- Chap. XXIIL
ble , damnable trick on the part of the Government "--meaning 1858.
undoubtedly that certain papers found in the possession of Ma
Chow Wong, as well as a memorandum upon the subject drawn
up by Mr. May, which implicated Mr. Caldwell, had been
purposely destroyed in order to screen the latter. For this
statement the editor , Mr. Tarrant, as hereinafter recorded , was
charged with libel in November following.‡
On the 30th July Mr. Anstey forwarded to the Government answer.
Mr. Anstey's
what he considered a satisfactory answer to the charges brought
against him with reference to his proceedings in connexion with
the Caldwell Commission of Inquiry . His explanations " not Mr. Anstey
being satisfactory to the Governor, " at a meeting of the Execu- informed
that
tive Council held on Monday, the 2nd August, it was resolved Executive
unanimously that Mr. Anstey be informed that on the 7th would Council
August, the Executive Council would take into consideration the consider
advisability of suspending him from office, and that any observa- advisability
of suspend.
tions which he might desire to make in writing would , on that ing him.
day, be submitted to the Council. The following is an extract
from the minutes of Council held on the 2nd August, a copy of
which was also communicated to Mr. Anstey
Extract from the minutes of the Executive Council of Hongkong, held on
Monday, the 2nd August, 1858. Present : His Excellency the Governor ;
the Honourable the Lieutenant- Governor ; His Excellency the Major- Gene-
ral Commanding the Troops ; the Honourable the acting Colonial Secretary.
His Excellency the Governor read to the Council the following observa-
tions in reference to himself, as growing out of the report of the Caldwell
Commission :
" I cannot follow Mr. Anstey through his violations of that honourable un-
derstanding which usually protects private and confidential conversations ,
and which, in the position in which the Attorney-General stands to the Gov-
ernor, ought to have been specially sacred . He has brought before the
Commission conversations which took place more than two years ago ; and
I can only aver, as far as my memory may be weighed against Mr. Anstey's
veracity, that his statements, especially as to what passed respecting Dr.
Bridges, are gross perversions, distortions, and exaggerations of my language.
Indeed , my experience of Mr. Anstey's infirmities compelled me to protect
myself against the very results which are now in evidence ; for at the end of
1856 I advised one, and at the beginning of 1857 another, of Her Majesty's
Secretaries of State that I had found it necessary to confine communications
with the Attorney-General to written documents through the official channels,
and to avoid as far as possible personal intercourse on public matters .
" I have to call the attention of the Council to a part of Mr. Anstey's evi-
dence.§ "It (correspondence with Mr. D'Almada) states that the Governor dif-
fers from Mr. Anstey in his reading of a case which he had cited to support his
opinion, and proposed sending a case Home to the law officers of the Crown.
This was done, and by return a despatch was 6 received from the Secretary of
State for the Colonies, which said that the law officers ' concurred with my
See these papers referred to antè Chap. XIX. , p. 446.
See charge 11 , antè p. 504, and the report of the Committee on same, antè 508.
See Chap. xxv., infrà, for details and result of the trial.
Evidence before the Caldwell Commission- Parliamentary Papers, 1860, p. 162.
512 HISTORY OF THE LAWS , ETC., OF HONGKONG .
Chap. XXIII . reading.' It is true that such a reference was made as to the obligation of
the Governor to attend a subpoena of the Supreme Court and all the corres-
1858.
pondence forwarded to the Secretary of State on the 8th September, 1856 ,
but so far from an answer being sent by return , no answer whatever was re-
ceived ; and on the 6th October, 1857, another despatch was written to the
Secretary of State, at the instance of the Chief Justice, desiring for his
guidance that the question might be decided ; and on the 10th March, 1858,
Lord Stanley sends the opinion of the law officers, which states , that in the
question whether the Governor should attend a subpoena of the Court, they
incline to think that the subpoena could not be enforced ; but in a case where
an ' action was brought against the law officer for acts done in the discharge
of his duty, he had a right to expect every assistance from the Governor,
both in the way of testimony or otherwise.'
" But Mr. Anstey adds : The despatch administered a severe reprimand
to the Governor, blaming him for a want of generosity and justice.'
6
There is not a word of reprimand ' or ' blame ' in the despatch from the
Secretary of State ; and in the case referred to, which was a case of slander
against Mr. Anstey, brought by Mr. Mitchell, I officially requested Mr.
Mitchell to desist from bringing the action ; he refused, and he was non-
suited . I would add , that I did not refuse to obey a subpoena, but doubted
whether I ought to attend in a matter which appeared to me a personal
quarrel between the parties, and in which, in my judgment, both had been in
the wrong, as was proved by the results."
Resolved unanimously (the acting Colonial Secretary declining to vote) --
1. That since Mr. Anstey's arrival in the Colony he has been engaged in
a long succession of officialised quarrels and contentions with public func-
tionaries. That these misunderstandings have been characterized by unwar-
rantably violent and vituperative language on the part of Mr. Anstey, have
been detrimental to the character of Her Majesty's Government, and have
caused much public scandal ; and that Mr. Anstey's conduct in reference to
these unseemly controversies has been frequently censured by the Governor,
and severely animadverted on by Her Majesty's Secretaries of State.
Resolved unanimously ( the acting Colonial Secretary declining to vote) —
2. That, on a former occasion, when the Governor was instructed to sus-
pend Mr. Anstey, unless he made public reparation to the injured party, Her
Majesty's Government declared , in an appeal made by Mr. Anstey to the
Secretary of State, that " Mr. Anstey had availed himself of that appeal.
not by expressing his willingness to make the apology which the evidence
brought forward on behalf of the Chief Justice seemed to render proper, nor
even by simply declining to give that apology, but by a letter, in which he
repeats the charge in, what I must term, virulent and offensive language,
calculated , in as far as in him lay, to degrade and vilify his superior func-
tionary. And Mr. Anstey himself repudiates the excuse that he had only
used ordinary freedom in remarking on the judge's demeanour on some convi-
vial occasion, by declaring that the occasion was public --one of high official
ceremony. Mr. Anstey stands, therefore, in the position of an officer who
has made a charge of serious official misconduct against another, superior in
position to himself, and refuses to retract or to apologize, although his charge
is rebutted by strong evidence, and supported , as far as the papers before me
show, by none. "
On that occasion Mr. Anstey made public reparation, and was in conse-
quence not suspended from office.†
Resolved unanimously (the acting Colonial Secretary declining to vote)--
3. That repeated warnings have had no effect in checking the impetuosity.
tempering the rashness, diminishing the acrimony, or lessening the frequency
On this subject, see antè Chap. XVI. § II.. p. 391 , and also Chap . XVII. § 1. p. 405,
† See antè Chap. XVI. § 11. p. 387.
MR. ANSTEY SUSPENDED FROM OFFICE. 513
of Mr. Anstey's attacks ; and that this Council concur in the opinion convey- Chap. XXIII ,
ed to Mr. Anstey in the letter of the acting Colonial Secretary of 23rd July, 1858.
No. 433 , in reference to the inquiry into charges made by him against Mr.
Caldwell before the Commission appointed by the Governor. And the Coun-
cil have come to the conclusion that Mr. Anstey's former errors have been
repeated on this occasion.
Resolved unanimously (the acting Colonial Secretary declining to vote) -
4. That in discharge of his official functions the advice given by Mr. Ans-
tey to the Governor in his official capacity has been frequently injudicious
and intemperate ; and that the suggestions of Mr. Anstey have been on se-
veral occasions repudiated by Her Majesty's Government.
Resolved unanimously (the acting Colonial Secretary declining to vote) -
5. That the explanations given by Mr. Anstey in his letter, dated 30th
July, not being satisfactory to the Governor, that a copy of these resolu-
tions and of the minutes of this meeting be communicated to him, and that
he be advised, this Council will, on the 7th instant, at 10 a.m., proceed to
the consideration of his suspension, and that he be advised, that any obser-
vations he may desire to make in writing will on that day be submitted to
the Council.
(True extract. )
(Signed) L. D'ALMADA E CASTRO,
Clerk of Councils.
On the 3rd and 6th August, Mr. Anstey forwarded further Mr. Anstey
memoranda, couched in extremely improper terms , to the acting forwards
further
Colonial Secretary making insinuations in reference to the memoranda
latter's connexion with the opium farm and asking for a " fair to Dr.
Bridges,
trial." asking for a
fair trial.
On the 7th August the Executive Council met in accordance
The Execu
with its previous resolution , and decided to suspend Mr. Anstey tive Council
from the duties of his office . As will be seen, Mr. Anstey's decide to
suspend Mr.
suspension was fully anticipated , for applications for the vacancy Anstey.
which would be caused by Mr. Anstey's forced retirement had Mr. Anstey's
already reached Government. Nor is this astonishing when one suspension
anticipated.
considers the speeches of Mr. Anstey before the Commission , - Applications
speeches so insulting in reference to the Governor, that the for the
vacancy had
Government (quite apart from Mr. Anstey's individuality or already
the charges against him ) could only have brought upon itself reached
the Govern-
further contempt had it allowed Mr. Anstey, at least without ment.
reference Home, to remain any longer in office in the Colony.
The following is an extract from the minutes of the Executive
Council relative to the matter, which is of the utmost interest ;
Mr. Anstey being suspended from office and his name removed Mr. Anstey
from the Commission of the Peace, while Mr. Day, who had from suspended
office
assisted the Commission in the Caldwell Inquiry, was appointed and remov-
acting Attorney- General, in preference to Mr. Kingsmill , who, it ed from the
Commission
will be remembered, had already acted in that capacity during of the l'eace.
Mr. Anstey's absence in India :·-
Extract from the minutes of the Executive Council of Hongkong, held on
Saturday, the 7th August, 1858.
* See upon this point Mr. Chichester Fortescue's speech in the House of Commons
on the cause of Mr. Anstey's dismissal - Vol. II, Chap. XXXVI.
Antè Chap. XIX. , p. 439.
514 HISTORY OF THE LAWS , ETC. , OF HONGKONG,
Chap. XXIII. Present :- His Excellency the Governor ; the Honourable the Lieutenant-
1858. Governor ; the Major-General Commanding the Troops ; the Honourable the
acting Colonial Secretary.
Resolved (the acting Colonial Secretary declining to vote ) -—
That this Council, taking into consideration the resolutions passed at its
last meeting, and that His Excellency the Governor then stated the letter of
the Attorney-General of the 30th July was not a satisfactory answer to the
charges brought against him with reference to his proceedings connected with
the Caldwell Commission of Inquiry, is of opinion , after patient and deliberate
consideration, that such last-mentioned letter, and also the subsequent letter
and memorandum of Mr. Anstey, of the 3rd and 6th August respectively,
purporting to be in explanation or vindication of himself, evince so insubor-
dinate and disrespectful a spirit as, taking all the circumstances into consider-
ation, to necessitate his suspension from his office.
Resolved (the acting Colonial Secretary declining to vote)-
That the Honourable Thomas Chisholm Anstey, Esquire, be suspended
from the exercise of his functions and the receipt of his salary as Attorney-
General in this Colony, until Her Majesty's pleasure be known.
Read Mr. Anstey's application of the 13th May last, desiring to resign his
office of Justice of the Peace. *
Resolved (the acting Colonial Secretary declining to vote) -
That Mr. Anstey's resignation be accepted, and his name be accordingly
removed from the Commission of the Peace.
The acting Colonial Secretary put in the following minute :-
" It is, I conceive, necessary that I should minute the reasons which have
induced me to take the very unusual step of declining to record my vote in
any of the proceedings of this Council , relating to the suspension from office
of Her Majesty's Attorney-General, Mr. Thomas Chisholm Anstey.
" I have been subjected to such a series of attacks, both private and official,
from Mr. Austey throughout his tenure of office, commencing during my
absence in England before we had even met in the Colony,† and continued up
to the present week, that I am unable to free my mind from a feeling of
strong personal dislike towards him, and that feeling incapacitates me, in my
own opinion, from sitting in judgment upon him.
" Being, moreover, the senior member of the Bar here, having for a long
period discharged the duties of Attorney-General, and entertaining the desire
to again hold that office should I be deemed fit for it, I decline to give any
man the opportunity of saying that I co -operated in making a vacancy for
myself ; and it is not sufficient that I should, as in this instance, decline, if
offered to me, the office of acting Attorney-General. It has been impossible
for me as acting Colonial Secretary to avoid being to some degree mixed up
with these proceedings, but, by the permission of His Excellency the Governor,
I am fortunately enabled to limit my action outside of the Executive Coun-
cil.
(Signed) W. T. BRIDGES."
" Council Room , 7th August, 1858."
Consideration was given to applications from Mr. Kingsmill and Mr. Day,
for the office of acting Attorney-General ; and after discussion, it was unani-
mously resolved, that Mr. Day be appointed acting Attorney-General of
Hongkong, pending the pleasure of Her Majesty's Government.
(True extract.)
(Signed ) L. D'ALMADA E CASTRO,
Clerk of Councils.
Antè p. 501.
† This no doubt refers to the subject of professional etiquette-see antè Chap. XVI . §
II., p. 373.
MR. ANSTEY'S MEMORIAL TO THE SECRETARY OF STATE . 515
On being made acquainted with his suspension, on the same Chap . XXIII .
day that the order was promulgated, the 7th August, Mr. 1858.
Anstey at once memorialized the Secretary of State, Sir Edward Mr. Anstey
memorializes
Bulwer Lytton, upon what he termed " the violence of the the Secretary
97
measure. The following extract upon the subject is taken of State.
from Mr. Anstey's letter, and it will be seen that he goes far
beyond the necessities of the case and takes the opportunity to
vilify another high official, facts in regard to whom, whatever
they were or may have been, had no immediate connexion with
the matter under consideration and which could therefore only
aggravate his own case. The following is the extract in ques-
tion :-
"The violence of the measure will, I am convinced , be made apparent to
you on perusing my ' memorandum ' of yesterday, submitted to the Council
this day, and my letter of Tuesday last, referred to in paragraph 1 of that
document. They contain my solemn protest against the acts of the Execu-
tive Council in my regard, as done in flagrant breach of the Queen's
Regulations touching the suspension of Her Majesty's Colonial Officers, and
my reasons for declining to sanction them by any consent of mine. They
show that I have been condemned in the dark, and without a hearing ; and
that I have been deliberately sacrificed by the partiality and injustice of the
three persons, who, under the Governor, constitute that Council, the Lieu-
tenant-Governor, Colonel Caine, General Sir C. F. Van Straubenzee, and Dr.
Bridges himself.
" It is impossible for me to rest day or night, whilst I think of the principle
involved, and the bad precedent established , in my case, before the acute
people, in whose eyes ( so Sir Henry Pottinger and Sir John Davis thought)
the free and noble institutions of Hongkong would stand one day as a model
whereby to work the regeneration of the Chinese empire itself.
" From the beginning of this Colony, those visions have proved shadows.
It has, to use the not exaggerated language applied to the Colonial Govern-
ment by a former Secretary of State, " stunk in all men's nostrils ; and
the scent of the Chinese nostril is keen. The miserable policy pursued by
the local authorities in 1847-1848 , in the case of the Compradore of the pre-
sent Lieutenant-Governor, and his exactions of bribes in the name of His
Honour,† could not have impressed the Chinese community with a belief in the
innocence of the aspersed officials, and certainly must have led them to sup-
pose that to our reputation for official purity we are nearly as indifferent as
themselves, and against the honest and fearless denouncers of corruption,
infinitely more vindictive.
On the 9th August Sir John Bowring informed the Secre-
tary of State of Mr. Anstey's suspension from the exercise of
his functions, and " finding it impossible to conclude his long
despatch explaining the necessity of this proceeding," in time.
for the outgoing mail, stated he would forward it by the next,
Mr. Day
and that Mr. Anstey's name had been removed from the list of
appointed
Justices . In a second despatch of the same date Sir John acting
Attorne y-
Bowring informed the Secretary of State that Mr. Day, the General.
* See the expression used-antè Chap. XVII. § I., p. 405.
† This, of course, refers to the old dispute between Mr. Tarrant and Colonel Caine-
sec antè Chap. VII., pp. 143, 150, and Chap. VIII. § 1.. p. 170, and subsequent references.
516 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XXIII, senior barrister in the Colony, had been appointed acting Attor-
1858. ney- General and at the same time recommended,-- should the
decision of the Governor- in- Council be confirmed as regards Mr.
Anstey that Dr. Bridges be given the Attorney - Generalship.
On the 13th October, the Secretary of State simply acknow
ledged receipt of the Governor's despatches without offering any
remarks . The masterly despatch of Sir John Bowring relating
to Mr. Anstey's suspension is here reproduced in full . Al-
though unduly severe in several respects, not to say more, it
relates in detail almost every particular connected with the
career of Mr. Anstey, from the date of his arrival in Hongkong
until the moment of his suspension, and cannot be looked upon
otherwise than in the light of one of the most important docu-
ments that have ever emanated from a Governor of a Colony to
Her Majesty's Principal Secretary of State for the Colonies : --
Government Offices , Victoria,
Hongkong, 9th August, 1858.
STR
The accompanying minutes of the Executive Council will inform you that
I have been compelled, with the unanimous concurrence of such Council, to
suspend Mr. Thomas Chisholm Anstey, Her Majesty's Attorney-General,
from the discharge of all the functions appertaining to his office. Recent
events have painfully confirmed the conclusion, which has been long ripening
in my mind, that the continuance of that officer in this Colony is not compa-
tible with the respect and authority which the Government is bound to main-
tain, or with the peace and tranquillity of the community.
2. In ordinary cases, the punishment of suspension from office is conse-
quent upon some particular act which renders an officer unfit for the public
service ; but the present case has its special character.
3. Mr. Anstey's presence in the Colony has been associated with so con-
tinuous a series of unseemly proceedings, that I feel myself compelled to
retrace a large portion of his course here before I can, in a satisfactory man-
ner, put you in possession of the facts, which, in my opinion, render it im-
possible that he should continue in the public service, at any rate in this
Colony, or as Attorney-General.
4. I postpone for the present the consideration of the charges brought by
Mr. Anstey against the Registrar-General, which so fitly close this unhappy
catalogue.
5. The whole of Mr. Austey's career has been more or less marked by the
same characteristics, viz ., impetuosity of temper beyond all control, credulity
in listening to vague accusations , recklessness in preferring charges, persistence
in adhering to and repeating disproved averments, and persevering malignity
towards every opponent who has had the misfortune to incur his displeasure ;
and these fatal defects have altogether nullified the benefits which the Colony
might otherwise have derived from the great talents which Mr. Anstey un-
doubtedly possesses . No one can be more sensible than I am of his unparal
leled activity, his intellectual resources, his readiness and acuteness, and his
varied knowledge of history and laws ; but when these great gifts are applied,
as they have been, to fomenting discord in a small community, the mischief
becomes intolerable, and must be abated .
SIR JOHN BOWRING REPORTS MR. ANSTEY'S SUSPENSION . 517
6. Mr. Anstey entered upon the duties of his office in the last days of Chap. XXIII,
January, 1856, two years and six months ago.* Of that time he has been
1858.
absent about six or seven months, and only during such absence has the
Colony enjoyed a respite from a succession of official disputes, in almost every
one of which he has taken the most prominent part.
7. Mr. Anstey has quarrelled with the Chief Justice ; he has quarrelled
with the acting Colonial Secretary ; he has quarrelled with the Colonial
Treasurer ; he has quarrelled with the (late) Chief Magistrate ; he has
quarrelled with the assistant Magistrate ; he has quarrelled with the (late )
Crown Solicitor ; he has quarrelled with the Bench of unofficial Justices of
the Peace ; he has quarrelled with the Superintendent of Police for the time
being, and with the Judge's Clerk ; and not satisfied with these official scan-
dals, he has been from time to time mixed up in private brawls , some of them
of a most disreputable description.
8. I have no intention to lay stress on Mr. Anstey's personal demeanour to
myself, which has been frequently extremely offensive, further than to say
that in colloquial intercourse he frequently appeared so utterly forgetful of
our relative positions, that I found it safer and better to avoid as much as
possible private conversations on public matters with him, and to communi-
cate solely through the secretaries, colonial and diplomatic. The necessity
for this determination I have reported to Her Majesty's Secretaries of State,
both for the Foreign and Colonial Departments in December, 1856, and
January, 1857.
9. I have had the disagreeable necessity forced upon me of forwarding to
the Colonial Office the documents bearing upon the cases in which Mr. Ans-
tey placed himself in antagonism to his superiors, the Chief Justice and the
acting Colonial Secretary ; those showing his failure in a prosecution brought
on his own responsibility, without my sanction, against the acting Chief Ma-
gistrate for extortion ; § reporting how he had rendered the tenure of his office
unbearable to the Crown Solicitor by his overbearing manner, and others ex-
hibiting the unhappy position of Mr. Anstey with the Bench of Justices . In
none of these cases has Mr. Anstey's conduct been approved of by your pre-
decessors, and in several instances grave warnings have been administered
to him. Where I have been spared the duty of reference Home in cases of
his local disputes, the same acrimony and intemperance have marked Mr.
Anstey's conduct. Mr. Hillier, the Chief Magistrate, a most painstaking
and praiseworthy officer, but not a lawyer by education, had discharged
the duties of his office for more than ten years without a word of censure,
but within two months of Mr. Anstey's arrival here, he made a most virulent
attack upon the Chief Magistrate in open Court, because the depositions had
been taken in a somewhat informal manner.¶ A lengthened controversy en-
sued, as Mr. Hillier naturally resented such a mode of correction ; and although
the difficulty was smoothed down without a reference Home, it embittered the
remainder of Mr. Hillier's career here, and was one of the principal causes
* Antè Chap. XVI. § 11., p. 370.
Except for two short trips to Canton, once on private practice (antè Chap. XVI. §
11., p. 375), and orce on a pleasure trip where he met with an unpleasant incident (Chap.
XX. § II.. p . 463) , Mr. Anstey proceeded to Shanghai for a change (Chap. XVII. § I., p. 405) ,
then to Macao and afterwards to India (Chap. xIx. , p. 439).
Beyond what has already been recorded in reference to Mr. Hickson, the author
has not seen the records regarding the quarrel referred to. See antè Chap. XVII. § I., p.
411.
§ Chap. XVI. § II., p. 388.
It is hard to see where blame is to be imputed to Mr. Anstey in this matter - see
antè Chap. XVII. § I., p. 398.
Chap. XVI. § 11., p. 378.
518 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XXIII, which led to his removal from the Colony. His death shortly afterwards
took place when appointed to be consul in Siam. Because Mr. Bevan, the
1858.
Judge's clerk, did not pay Mr. Anstey his salary in the coins he expected to
receive, a charge of malpractices was at once officially brought which, if it
meant anything, meant embezzlement , but upon investigation, everything was
found to be perfectly correct, and without any grounds for a supposition to
the contrary. Mr. Grand-Pré, the acting Superintendent of Police, was in
no way subordinate to the Attorney-General ; but in November, 1856, a long
official complaint was lodged by the latter against the former, charging him
with " gross breaches of duty," " impertinence," " gross and glaring proofs of
collusion," " proofs of incapacity or corruption. " Mr. Mercer, the Colonial
Secretary, looked into the matter, but could discover no ground of complaint
whatsoever against Mr. Grand-Pré.
10. Similar instances might be repeated usque ad nauseam, but from
these specimens it will not be difficult to form an idea of the general intemper-
ance of Mr. Anstey's proceedings, and I leave this branch of the case with
this observation, that in no single instance within my knowledge has Mr.
Anstey substantiated any grave charge that he has brought against his
brother-officials.
11. But the evils arising from Mr. Austey's intemperance of mind do not
stop here ; for I have been taught by experience to place hardly any reliance
in the prudence of the advice which I have a right to expect from him as my
legal resource in times of perplexity, difficulty, or danger. Had I been guided by
the opinion of the Attorney- General on several important occasions, results
would have followed seriously compromising the Government, which would
have made it not the thoughtful guardian of the permanent interests of the
community, but the instrument of passing passions, the promulgator of need-
less alarms, and which would have given to our legislation an arbitrary and
capricious character, little necessitated by the demands and dangers of the
moment, and certainly not justified in the progress and development of events.
12. I refer particularly to the views which Mr. Anstey took of the course
to be pursued in the poisoning ease. He appeared to me under the influence
of the most unreasonable and extravagant apprehensions. He had determined
in his own mind that Ahlum, the baker, was the chief poisoner, and that,
whether by military law or an extraordinary violation of the ordinary forms
of justice, by some or other instrumentality the man must be hanged .† He
told me that if I did not hang him Lynch law would do so. In the same
spirit, Mr. Anstey advised me that I ought, by a succession of prosecutions
on the same evidence, to continue criminal proceedings against Ahlum until
a conviction was secured. No doubt, in the then excited state of this com-
munity, a verdict of guilty might ultimately have been obtained , and, as far as
Mr. Anstey was concerned, Ahlum would have been delivered over to the
executioner. I doubted whether Mr. Anstey's advice was sound, though,
after consulting the Chief Justice, I detained Ahlum until I could obtain
instructions from Home . Mr. Austey's opinion was not supported by the
supreme authorities, and, under the order of the Secretary of State, Ahlum
was released. Nothing whatever has occurred since his release to strengthen
the evidence of his guilt ; much, in my judgment, to establish his innocence.
13. From that time I have been compelled to feel that in Mr. Anstey, as
Attorney-General, I have a very unsafe councillor in the day of special
responsibility and peril.
This is hardly conceivable and was, to say the least, stretching the point beyond the
necessities of the case for, as has been seen. Mr. Hillier received an enormous rise as Her
Majesty's Consul at Siam and further to allude to his death there, which was due to na-
tural causes, was to draw inferences as unfair as they were meant to be injurious to Mr.
Anstey. See antè Chap. XVI. § II., pp. 383 , 384.
See his address to the jury- ante Chap. XVII. § 11., p . 417.
Antè Chap. XVII. § 11., pp. 418 , 421 .
SIR JOHN BOWRING REPORTS MR. ANSTEY'S SUSPENSION . 519
14. I subsequently refused to bring before the Legislative Council an Or- Chap. XXIII .
dinance proposed by Mr. Anstey, as Attorney-General, making the poisoning
1858.
of any British subject high treason, and to be dealt with as regicide attempts
upon the person of the sovereign. I, however, referred it, under advice of the
Chief Justice, to the Home authorities, who concurred in my opinion as to
the unconstitutional character of the proposed measure.
15. In further support of the impossibility of my placing any confidence
in Mr. Anstey's judgment, I now forward copies of the communications
dated the 7th and 8th January, 1858, which I received from Mr. Anstey,
proprio motu, pointing out the course which, in his judgment, I ought to pur-
sue in the case of the Imperial Commissioner Yeh, then a prisoner of war
in the hands of the Allied Powers. Advice of so extraordinary a nature did
not appear to me worthy of serious notice, and it was passed by with a mere
acknowledgment of the receipt of the communication . The very same day,
Mr. Anstey announced to me, in Letter No. 2 , that there was an intention to
apply for a writ of habeas corpus, in order to obtain the release of Yeh . I
took some trouble to ascertain whether there was any ground for supposing
such an intention existed . I could find none ; and on the following day
Letter No. 3 was received . The magician had most successfully dispersed
the shadow he had himself raised.
16. My despatch, No. 170 , of 14th October, 1856, forwarded to Mr.
Labouchere another proof of the rash and dangerous counsels which , in cir-
cumstances of moment, I have been liable to receive from Mr. Anstey. Had I,
as he advised, at one stroke cancelled the Commission of the Peace, and thus ,
as far as the Governor of this Colony can , affixed a stigma to the names of
some of the first mercantile firms in the world, I should have set the Colony
in a flame.
17. But whatever had been the inconveniences arising from Mr. Anstey's
conduct, or however little I felt I could rely upon him up to the month of
May last, all his previous conduct has been cast into the shade, and every
previous fault has been greatly magnified by his proceedings in connexion
with a case which has kept this Colony in a state of excitement, and more or
less paralyzed the action of every department of Government for the last three
months. I allude to what I shall, for the sake of brevity, call the Caldwell
case. It will be necessary for me to give you a complete narrative of it, and
to send Home every document connected with it ; and however much I may
regret giving you so much trouble, I am bound to say that it is only from a
careful survey of this mass of correspondence, that, coupled with what I have
already stated, will appear the inevitable necessity of the suspension of Mr.
Anstey, and the confirmation of such suspension by your paramount authority.
18. I am quite aware of the gravity of the responsibility I take upon my-
self in suspending Mr. Anstey from the exercise of his functions, and am
prepared for those outpourings of vituperation and violence which better and
far more exalted men than myself have experienced at Mr. Anstey's hands ;
but I confess the hesitation which the fear of being supposed to have made
him the victim of private pique or personal vengeance is superseded by the
conviction that I am but discharging a paramount and peremptory public duty.
19. I had become acquainted with the fact that Mr. Caldwell, the Regis-
trar-General, and Mr. May, the Superintendent of Police, had not been work-
ing harmoniously together almost ever since the return of the former to
Government employ in November, 1856.* Mr. Caldwell, being almost the
only official in this Colony who possesses any adequate knowledge of the
Chinese language, has been of very great benefit, not only to us, but also to
the Queen's service generally in this part of the world, and I have had
every reason to entertain a very high opinion of him. Particulars of some of
his services accompany this despatch.
* Antè Chap. XVII. § I. , p. 408.
520 KONG.
HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XXIII . 20. Mr. Caldwell is , I believe , a man of mixed blood , born at Singapore ; *
he is married to a Chinese woman, converted to Christianity, by whom he
1858.
has a large family, some of whom are now being educated in England . His
pecuniary means are straitened as he has nothing but his salary, and part of
that he has to set apart to meet debts which he incurred when out of Govern-
ment employ in 1855 and 1856, during which period he entered into a
commercial speculation in a coasting steamer, which turned out a failure.
Mr. Caldwellleft the service in 1855 , at his own desire, because his salary-
£400 per annum - was too small to support his family ; † he was recalled at
the commencement of the Canton troubles, because we really could not do
without him, and his salary was raised to £700 per annum.
21. Mr. May, the Superintendent of Police, was a member of the London
Police Force, who came out in 1844, to organise our police. He has taken
great pains with his education , and has very much raised himself above his
original position. With one or two exceptions I have been generally satis-
fied with Mr. May's services until within a very recent period. One of those
exceptions was his ownership of a very notorious nest of brothels very near
the Police Station, and which he very unwillingly got rid of after consider-
able pressure from the Government.§ Mr. May's salary is £575 per annum,
with quarters ; but by speculations in land and buildings, or from other
sources , he has, I am told , realized a large sum of money here, and is therefore
in independent circumstances.
22. Mr. Bridges appeared to me, soon after he became acting Colonial
Secretary, to entertain an unfavourable opinion , in which I did not fully
concur, of Mr. May's mode of managing the Police Force, and to place much
more confidence in Mr. Caldwell than in Mr. May. This may be attribut-
able to the special attention which Mr. Bridges paid to the working of the
Police, or from some other cause ; but at any rate the fact undoubtedly existed ,
and I had more than once, on Mr. Bridges' representations, to reprimand Mr.
May for neglect of, or disobedience to, the directions of the acting Colonial
Secretary ; whereas no complaint was ever laid by Mr. Bridges against Mr.
Caldwell.
23. I scarcely need repeat what my despatches have given but too much
evidence of, that Mr. Anstey has put himself in antagonism habitually to Mr.
Bridges, as acting Colonial Secretary ; he pursued the same course with
regard to the questions which have arisen between the Registrar-General and
the Superintendent of Police, throwing, in a spirit of passionate partisanship.
all the weight of his personal, political, and official influence into Mr. May's
scale, defending him when he has been obviously wrong, and persecuting Mr.
Caldwell when he has been as manifestly right.
24. This feeling at length vented itself with full force at a meeting of the
Legislative Council, held to consider the Registration Ordinance on the 10th
May. Mr. Caldwell being Registrar-General, this Ordinance was a fitting
opportunity for pouring the vials of Mr. Anstey's wrath upon him. Just
before the sitting of the Council, Mr. May wrote a note to Mr. Anstey,
informing him that Mr. Caldwell (who was, under the Venereal Disease Ordi-
nance, No. 12 of 1857, the official upon whom devolved the duty of granting
licences to brothels in certain localities) was himself the owner of a licensed
brothel.
* He was born in the Island of St. Helena, according to a pamphlet produced by
him at the time in vindication of his character, and to which the author has had access.
See his earlier career set out. —antè Chap. III . § II ., p . 82 note.
+ See antè Chap. XVI. § I., p. 361 .
He arrived in Hongkong on the 28th February, 1845 —see antè Chap. 111. § 11., p.
75.
This personal attack upon Mr. May is referred to, antè Chap. XVII. § 11., p. 422.
SIR JOHN BOWRING REPORTS MR . ANSTEY'S SUSPENSION. 521
25. Mr. Anstey thereupon proposed the insertion of what is now section Chap. XXIII .
27 of the Registration Ordinance No. 8 of 1858 ; * and made an attack upon 1858.
Mr. Caldwell's general character. The acting Colonial Secretary stated that,
from his own knowledge of Mr. Caldwell's private affairs, it was impossible
that Mr. Caldwell could be the owner of the brothel in question, No. 48,
because Mr. Caldwell owned no property of any description whatsoever in
the Colony. The Surveyor- General suggested a reference to the Crown
books for the purpose of seeing in whose name the lot upon which brothel 48
stood, was registered . Mr. Caldwell's name appeared as the registered owner.
The acting Colonial Secretary reiterated his assertion that Mr. Caldwell had
several months before parted with all the property he had in the Colony for
the benefit of his creditors. I stated that I would cause an inquiry to be
instituted into the whole matter, and the clause in question was adopted by
the Council. I immediately directed the acting Colonial Secretary to obtain
from Mr. Caldwell, in writing, a statement with regard to this brothel, and
to his property in general. I annex Mr. Caldwell's answer. This and the
result of other inquiries reported to me by Mr. Bridges, satisfied me that the
charge made by the Attorney-General was founded in error, and I proposed
stating as much to the Council at its next meeting, which was to be held
after an interval of only four days.
26. But late on the 13th Mr. Anstey sent in a most intemperate letter,
asking leave to resign his office of Justice of the Peace,† and requesting that
his grounds for so doing might be submitted to the Secretary of State ; this
letter was full of accusations of the gravest description against Mr. Caldwell.
The original charge of brothel-holding now had added to it criminal com-
plicity with Wong Akee alias Ma Chow Wong, a Government informer of
long standing, whose conviction upon a charge of helping pirates had in the
previous year occupied the Executive Council a considerable period, and
whose case, for the sake of brevity, accompanies this letter in a separate
document. I must refer you, Sir, to this letter itself, in order that you may
appreciate its gravity when proceeding from the Law Adviser to the Govern-
ment.
27. I still did not abandon the hope that Mr. Anstey, on hearing read Mr.
Caldwell's explanatory letter, and the result of the inquiries made into the
original charge, might be induced to reconsider the position in which he had
placed himself ; and the following day I read to the Legislative Council
what I then considered , and what has, after a most lengthened investigation,
since been proved to be, the satisfactory answer of Mr. Caldwell, that he had
no connexion with, or property in, any brothel.
28. Mr. Anstey, however, added fresh fuel to his fire, and a scene ensued
which, I believe, has seldom been paralleled in any assemblage of Englishmen
met in official conclave, whether we consider the insubordination and intem-
perance exhibited towards myself or the malignity and scurrility of Mr.
Austey's renewed attack upon an absent man, the Registrar-General. From
a manuscript note made by myself immediately after the meeting, and a copy
of which is appended hereto, you will observe that the character of Mr.
Caldwell's wife is now dragged into the net of calumny, and that there is no
occupation too criminal on the sea, or too base on the land, in which Mr.
Caldwell is not charged with being engaged.
29. Matters had now assumed a very serious aspect ; either Mr. Caldwell
was unfit to remain, not only in Her Majesty's employ, but, indeed , anywhere
* This section reads as follows :-" No person acting or employed by any other person
acting in the execution of this Ordinance, and no member of the family of any such per-
son, shall be possessed of or interested in any of the boats, vessels, conveyances, or
tenements to which this Ordinance relates, either in his or her own right or in the right
of another, and either at Law or in Equity."
† Antè p. 501.
Ante Chap. XIX., pp. 444-447.
522 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XXIII . except in the common gaol of the Colony ; or, on the other hand, Mr. Ans-
1858. tey had proved himself unfit for his own post. Immediately on leaving the
Council, I showed to the acting Colonial Secretary the minute I had made
of Mr. Austey's oral charge, and he confirmed its general correctness . I
gave him a memorandum, directing him to obtain from Mr. Austey, in
writing, a repetition of the accusations ; the following day Mr. Anstey's
tender of resignation as a Justice of the Peace was answered ; the considera-
tion of its acceptance was postponed , and he was informed that in consequence
of what had passed the day before in Legislative Council, such of the charges
against the Registrar-General as were tangible would be subject of inquiry,
and the needful measures would be adopted by the Government.
30. Mr. Anstey acknowledged the receipt of this letter on the same day,
and , therefore, Mr. Anstey was aware, at this early period, that the Govern-
ment had proposed to institute that inquiry which had obviously become im-
perative. I must beg your particular attention, Sir, to this fact, as throwing
much light upon the subsequent attempt of Mr. Anstey to relieve himself of
the responsibility of having made such serious, not to say overwhelming,
charges, by pretending to remove his case to a superior tribunal-that of the
Secretary of State for the Colonies .
31. As Mr. Anstey and Mr. Caldwell were both Justices of the Peace,
and as Mr. Anstey declared the Bench to be contaminated by the continuance
of Mr. Caldwell on it, and as the absence of the General at Canton restricted
the numbers of the Executive Council to myself, the Lieutenant-Governor,
and Dr. Bridges , I considered the preferable course for the proper investiga-
tion of the accusations against Mr. Caldwell, would be for me to request the
Justices of the Peace to assist the Government, by taking upon themselves
the inquiry into a matter so important to the character of their own body.
I failed in obtaining the assistance I had hoped for,† and I append the answer
from the body of Justices. The line of conduct pursued by Mr. Anstey at
the meeting, will appear from the narrative which I have directed the acting
Colonial Secretary to draw up, of all the facts connected with this case
within his own knowledge. My application to the Bench of Magistrates was
made on the 17th of May, and they had their meeting on the 19th . The
17th of May was a Monday ; the mail for Europe did not leave until the
following Sunday. Letters are seldom, if ever, posted here before the day
anterior to the departure of the mail ; it was then with extreme astonish-
ment that I had laid before me, on the 17th, what purported to be the dupli-
cate of a letter from the Attorney- General to the Secretary of State for the
Colonies, already posted by Mr. Austey.
32. This letter is, I doubt not, on its way back, in consequence of the in-
formal mode in which Mr. Austey thought proper to convey it. My despatch,
No. 67, of the 18th of May, will put you in possession of my action in regard
to it.
33. I now forward it to yon ; and as Mr. Anstey, in a subsequent letter,
was pleased to dignify it with the appellation of an impeachment of the Gov-
ernment, I am perfectly willing that he should be kept to the charge and that
it be dealt with accordingly.
34. Even if Mr. Anstey pretended to ignore the fact conveyed to him on
the 14th, as to the institution of proceedings by the Government, he had the
same statement most explicitly conveyed to him on the 18th, five days before
the departure of the mail, and when, had he wished it, the irregular letter to
the Secretary of State, might have been by my orders, and his consent, taken
out of the Post Office, and the false step thus committed by him retrieved ;
but Mr. Anstey could surely scarcely venture to suppose that an irregular
* Antè pp. 503, 510.
† Antè p. 502.
SIR JOHN BOWRING REPORTS MR . ANSTEY'S SUSPENSION. 523
act by a subordinate officer, like himself, was at once to stay the hands of Chap. XXIII.
Government, and to prevent his being called upon to substantiate the charges 1858.
he had so freely made.
35. I must, also, here deal with and dispose of another technical objection
raised by Mr. Anstey ; he not only declined to commit to writing what he
had said at the Legislative Council on the 14th of May, but pretended under
cover of a Standing Order of Council, not then passed, although it had been
read to the Council by me as one of those I proposed thereafter to enact,
should I obtain the sanction of the Secretary of State. He pretended, I say,
to claim the privilege of not being questioned out of Council for anything
said therein. But the legal quibble which seeks to justify acts done on the
14th of May, by Standing Orders and Rules which were not approved in Council
until the 12th of July, is as remarkable as the moral obliquity which can cou-
strue freedom of speech in a Legislative Assembly to mean impunity for lan-
guage which designated a most respectable married woman as a " harlot,"
and her husband, the speaker's brother-official, as a brothel-keeper and pirate.
36. The Justices being thus unwilling to assist the Government and Mr.
Austey declining to join in the issue as to what his charges really were
against Mr. Caldwell, I met the difficulties thus thrown in my way, by ap-
pointing a Commission of investigation, and laying before them such charges
as had either been stated orally by Mr. Anstey in Council , or could be ga-
thered from his official correspondence ; and, as far as possible, to prevent
mistake, the Commission was furnished with every document connected with
the matter, while I gave to the chairman the written memorandum which
recorded my recollection of Mr. Austey's speech in Council on the 14th May.
37. The Commission was composed of two officials and three Justices of
the Peace. Both the former and one of the latter (Mr. Lyall) were members
of the Legislative Council, and had been auditors of Mr. Anstey's language.
38. I then caused copies of the charges which had been prepared by the
acting Colonial Secretary to be furnished to Mr. Anstey and Mr. Caldwell.
Mr. Anstey adhered to his system of limited liability (letter of 24th May) ,
denied the charges to be his, and clung to his theory of the matter being re-
moved to another tribunal, that of the Secretary of State.
39. The Commission commenced its labours on the 27th May ; it sat at
intervals for twenty-four days , and generally for six or seven hours each day,
and I received its report after its labours had terminated . During this long
interval most of the departments of the Government were almost paralyzed
by the absorption of their chiefs. The Attorney-General and the Superin-
tendent of Police generally attended the Commission, so did the Registrar-
General, for his defence ; the Surveyor- General and Chief Magistrate as
Commissiouers. I avoided all interference with their proceedings .
40. Of the manner in which the Commission discharged their duties, I
cannot report satisfactorily. They availed themselves of the permission given
them to retain legal assistance, and one of their first acts was to decline the
advice tendered by the barrister (Mr. Day) they had selected for their guid-
ance. Not only did these gentlemen wander out of the specific charges laid
before them for their report, but they suffered themselves to be made the
medium through which Mr. Austey might, in the presence of the public , over
and over again make the grossest attacks upon the Government generally,
upon myself individually, and upon the acting Colonial Secretary, both offi-
cially and privately, without the slightest regard to the question of their
relevancy to the points under reference to the Commission. A printed copy
of the entire evidence accompanies this despatch, and although, Sir, I can
hardly ask you to devote your fully occupied time to perusing it in its entirety,
* Antè p. 503 .
524 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XXIII , I must draw your attention to the following passages of Mr. Anstey's evi-
dence :-
1858.
" The first was, that I knew it was perfectly hopeless sending in any report
to the Executive Government, as Mr. Caldwell was always held up as quite
necessary to the administration of the Colony."
" I have, therefore, a right to say that the charges now under investigation
have been already disposed of by the Executive Council. "
66
" I cannot understand how, after my repeated and solemn references to the
danger of employing Mr. Caldwell in any matter of state or police, of which
my official correspondence with the Executive Government, subsequently to
the proceedings in Executive Council, furnish some of the instances, His
Excellency, or any member of his Government, would venture upon the
destruction of a single portion , much less the whole, of what I must pronounce
to be the damning proofs of his guilt."
"Within two days after my arrival, His Excellency was pleased to lament
to me the corrupt state of the Hongkong Government, and the utter want of
support to himself in his endeavours to stem the tide of corruption . He said
there was but one public officer whom he could trust , besides the three who
were going away to England or Siam ; one of whom (Mr. Rienaeker) I have
since ascertained to have been a kind of partner to Mr. Caldwell in his specula-
tions, and that, as to the one trusty public officer who was remaining in the
Colony (Mr. Mercer) , he was well disposed but timid . The Governor begged
me to make it my business to bring to light, and, if necessary, to punish the
malpractices of which he complained, and I beg to specify in particular the
malpractices of the Police, and of my own department of Attorney- General.”
41. I must refer to Mr. Bridges' evidence, and Mr. Austey's rejoinder, to
give you an idea of the lengths to which be permitted himself, and was per-
mitted to proceed .
42. It must be naturally presumed , from the first passage, that the Attorney-
General had officially, or at any rate privately, either in writing or by mouth
warned me, or the Colonial Secretary as my official channel of communication,
against Mr. Caldwell, and that, finding his warnings neglected , he had at
length out of a sense of public duty, been forced into bringing these charges
in an irregular manner.
43. Such a presumption is, however, totally unfounded. Mr. Anstey has
never done anything of the sort ; nor, great as have been Mr. Caldwell's
services , has he been so necessary to the Government as to warrant any
immunity for malpractices on his part.
44. On one occasion only do I find that any hints or suspicion of Mr. Cald-
well's integrity or trustworthiness was conveyed to the Government by Mr.
Anstey ; and this was his request that Mr. Caldwell might not be advised of
that most extraordinary recommendation of Mr. Anstey's that Yeh should be
cited as a murderer before the Supreme Court on his being brought within
the jurisdiction of the Colony .
45. But Mr. Anstey's counsels, in connexion with the poisoning case,
were throughout of so extravagant and wild a character, that I must con-
fess I considered them as aberrations of an intellect, on that matter at least,
somewhat deranged.
46. Equally surprising, as proceeding from a high legal functionary, is
the assertion that the charges then under investigation had already been
disposed of by the Executive Government. The Attorney- General knew
better than any one alse that although, of course, guided by the maxim of not
SIR JOHN BOWRING REPORTS MR . ANSTEY'S SUSPENSION . 525
believing any man to be guilty until he was proved to be so, I declined Chap. XXIII.
rushing with himself to conclusions which must cover Mr. Caldwell with 1858.
infamy) I had , nevertheless , from the first insisted upon a full and complete
investigation, not by the Executive Government, but by third parties, rescrv-
ing to myself the ultimate decision between the accuser and the accused.
Fortunate, indeed , was it that I did so, for the very charge here confidently
asserted by Mr. Anstey to be proved beyond dispute, although at first sup-
ported by prima facie evidence, has been most satisfactorily met and
disproved.
47. Of still more serious a character, whether as regards Mr. Anstey's
reputation for veracity, or the worth of his opinion as a lawyer, is the para-
graph I have noticed . You will find, Sir, that Mr. Anstey assigns to
himself the position before this Commission, not of accuser, but of an officer
of the Government bound to attend its sittings in consequence of the general
directions appearing in the warrant appointing the Commission . In this
particular instance I will assume that Mr. Anstey did appear in such capacity
only, that is as Her Majesty's Attorney-General, whose duty it was, in a
calm and dispassionate manner, to assist the Commission by his legal experi-
ence in elucidating the truth . I have already reported in how far Mr.
Anstey was justified in saying that he had made repeated and solemu
references to the danger of employing Mr. Caldwell in any matter of state or
police, and I again repeat that such a statement is, to use the mildest term I
can apply to it, the offspring of an hallucination.
48. But, utterly without foundation as such a position was, Mr. Anstey
made use of it here to endeavour to induce the Commissioners to distort the
law of presumptions in a manner which, even to me, who am not a lawyer,
appears most extraordinary, and entirely opposed to every notion of justice.
49. The history of the papers in question is as follows : The books of the
shop in which Ma Chow Wong, at the time of his apprehension, owned a
share, were at first in the custody of the Police, and, while there, were
examined by Mr. Acting Assistant Magistrate May, with the object of
adducing further support to the charge of complicity with pirates under
which Ma Chow Wong then lay. Mr. May, being entirely ignorant of the
*
Chinese written or spoken language, this examination was made through a
native interpreter at the Magistracy, Tong Aku, a very clever fellow, but a
man of more than suspected character. † Mr. May made memoranda of this
examination and showed them to the Chief Magistrate and the acting
Attorney-General, informing both of these officers that they did not throw
any light upon the pending charge against Ma Chow Wong, nor did he then
even insinuate that any connexion between Mr. Caldwell and the accused was
thereby shown. Mr. May made no communication whatsoever to the Acting
Colonial Secretary respecting this memoranda, nor informed the Executive
Government that he was in any way in possession of documents which would
assist them as to Ma Chow Wong's general character, still less impeaching
the conduct of so important an officer of the Government as Mr. Caldwell.
While the question of the review of Ma Chow Wong's sentence was pending‡
before the Executive Council, the ' China Mail ' newspaper published a state-
ment, to the effect that evidence existed on the books of Ma Chow Wong,
which showed his participation in so many villanies as to render him an unfit
object for any mercy. I was much surprised at this assertion (having been
kept in the dark by Mr. May) , and ordered a thorough search to be made of
these books by Mr. Caldwell, assisted by Mr. Mongan, the acting Chinese
Secretary attached to the Superintendency of Trade, and his staff of Chinese
teachers. The books were handed over by the Police to Mr. Mongan in the
* See The Straits Guardian's correspondent's letter, antè Chap. xx., p. 495.
The records show his entire exculpation - see antè Chap. XIX., p. 445.
See reference to this, antè Chap. XIX. , p. 445 .
526 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XXIII. month of September, 1857 , and, from that time until they were subsequently
--
1858. burnt, they remained altogether out of the custody of the Colonial Officers .
They were never at any time in the custody of the acting Colonial Secretary or
#
his department. Mr. Mongan and Mr. Caldwell made a joint report to me as
to the result of their examination, and it differed very materially from the
statements published by the China Mail.' Determined to arrive at the truth
if I could, I requested Mr. Dixson, the then editor of that paper, to attend
the next meeting of the Executive Council to substantiate his allegations.
He did so ; and, to my great astonishment and indignation, cited the Super-
intendent of Police as his informant. Mr. May did not repudiate the onus
thus thrust upon him , and now for the first time, proceeded to inform me of
the examination Tong Aku had made for him of the books. He confirmed
two of Mr. Dixson's allegations, but negatived two.
50. Not a word was said by Mr. May as to Mr. Caldwell on this occasion,
the whole gist of the matter regarding Ma Chow Wong, and him alone. As
Ma Chow Wong's case was at this juncture still under consideration of the Exe-
cutive Council, I thought it advisable to have the correctness of the twodiffering
accounts of the books reported upon by a third party, and directed Mr. Wade,
the Chinese Secretary to the Superintendency, to undertake this task, and the
books were forwarded to him. A few days afterwards, however, further light
being unexpectedly thrown upon Ma Chow Wong's connexion with pirates from
an entirely different source, the Executive Council resolved not to interfere with
the sentence passed upon him ;† however insufficient the grounds upon which
it originally rested, and here, in October, 1857 , ceased, to all appearances,
any value possessed by the books in question. Mr. Wade being attached to
the Earl of Elgin during the proceedings against Canton, ‡ never had any leisure
even to open the documents forwarded to him, and, on his departure with the
Force in March, 1858 , they were returned to Mr. Mongan in the same state ,
as to seals and strings, as he despatched them. Mr. Mongan's chief Chinese
teacher, finding these books an encumbrance to a not very large office, sug-
gested to him either their removal, or, if they were not further wanted , their
destruction ; Mr. Mongan therefore came to me, and I sent him to the
acting Colonial Secretary, to receive any instructions. He accordingly pro-
ceeded to the acting Colonial Secretary, and very few words appear to
have passed between them, upon what could at that time have been consider-
ed by either of them the mode of dealing with a great mass of Chinese
papers, which had lost all importance, and were destitute of even any inter-
est, Ma Chow Wong being in Gaol, and no other party at this time mentioned
in connexion with them. Mr. Mongan did not report to me the result of his
conversation with the acting Colonia! Secretary, but acted by his advice and
burnt the books forthwith. I heard nothing further whatsoever from any
one on the subject until after the Caldwell Commission had commenced its
sittings, and then, to my surprise and regret, I learnt what had taken place.
In thus expressing myself, I do not attribute blame either to Mr. Bridges or
Mr. Mongan, for it was impossible that they or any one else could , in the
month of March, have supposed that the Attorney-General would , in the
following May, bring long dormant charges against the Registrar- General,
and fasten upon the destruction of these books as a means for further extend-
ing his incriminations ; but, if consulted, I should have desired all the docu-
ments to be restored to the custody of those who had the ordinary charge of
* A perusal of the Parliamentary Papers on the subject of the Caldwell-Ma Chow
Wong connexion throws a different complexion upon the whole of this sad and disgraceful
matter. See the case against Mr. Tarrant, Chạp. XXV., infrà. , and also the report of the
Executive Council in September, 1861 , where the Council unanimously recommended
Mr. Caldwell's dismissal as his " long and intimate connexion with the pirate Ma Chow
Wong was of such a character as to render him unfit to be continued in the public ser-
vice."-Vol. II., Chap. XXXV.
Chap. XIX., p. 447.
See antè Chap. XVIII., p. 435.
SIR JOHN BOWRING REPORTS MR . ANSTEY'S SUSPENSION. 527
such documents. I have only to add to this long episode, that up to the Chap. XXIII.
time of their destruction in March, it was never hinted to me or the acting
1858.
Colonial Secretary that Mr. Caldwell's name was in any way implicated with
these books, and no one has ever even suggested that Mr. Caldwell was con-
sulted about, or knew, that they had been burnt.
51. Upon this state of facts I leave you to form your own opinion as to
the conduct of an Attorney-General, appearing only as a witness, who ven-
tures to advise the Commission to apply against Mr. Caldwell the maxim,
"Omnia præsumuntur contra spoliatorem," and most unjustifiably insinuates
that these books (now inaccessible for condemnation or defence ) contained
damning proofs of Mr. Caldwell's guilt, there not being a tittle of evidence to
support such a presumption, and then because other gentlemen , without Mr.
Caldwell's knowledge, had put these books out of the reach of the Commis-
sion, that body, who naturally would respect the law laid down by the law
adviser of the Crown, are to find, as proved against Mr. Caldwell, anything
which the malice or ingenuity of his enemies can invent or suggest.
52. This portion of the case alone convinces me, and must, I think, be
equally full of conviction to you, Sir, that Her Majesty's service cannot be
honourably served by a law officer who can think and speak as Mr. Anstey
has done in this instance.
53. But there remains still one more matter, personally affecting both my-
self and the acting Colonial Secretary, which far more than all the rest shows
the vindictive and intemperate nature of Mr. Anstey, and the impossibility of
his continuing to hold an office, which above all others demands close official
confidence between the Governor and its incumbent. At the 15th day's
sitting Mr. Anstey introduced a most irrelevant statement, to the effect that
I had, shortly after his arrival, complained to him of the malpractices there-
tofore existing in the department of the Attorney-General. *
54. The object of this most unnecessary allusion could, of course, be but
one, viz . , to give fresh vent to that unceasing feeling of animosity which Mr.
Anstey has so constantly exhibited to the previous occupant of his office, the
present acting Colonial Secretary, Mr. Bridges.
55. It is true that some conversation did take place between myself and
Mr. Anstey, as my confidential legal adviser, soon after his arrival, and in
the freedom of such intercourse, no doubt, I afforded material upon which the
most unwarrantable, not to say wicked , superstruction has been raised by Mr.
Anstey.
56. My recollection of what took place more than two years ago amounts
to this effect : I mentioned to Mr. Anstey that I had heard Mr. Bridges had
been engaged in commercial transactions, lending money at a high rate of
interest, and having securities deposited at his own house, and that it appear-
ed to me such sources of profit were not compatible with his professional po-
sition. I may add, that I did not conceal this opinion from Mr. Mercer, the
Colonial Secretary, who thought the Government had nothing to do with
the manner in which Mr. Bridges invested his money, such investments never
have been associated with any charges of dishonesty or fraud.
57. As regards Mr. Bridges's opinion as a lawyer, I certainly stated, as
Mr. Anstey was entitled to know, that there had been cases in which those
opinions had not been confirmed by the authorities at Home -cases in which
he had differed from me, but without opprobrium to himself as my own per-
* Antè p. 505.
528 HISTORY OF THE LAWS, ETC. , OF HONGKONG.
Chap. XXIII . sonal experience, position on many occasions as commercial commissioner,
1858. and parliamentary status had given me advantages over a gentleman, whose
practice before he came to the Colony had certainly not been great.
58. And I probably added , though I have a less distinct recollection of
this, that I thought the private practice of the Attorney-General was not
always compatible with his engagements to the Crown, that duties and
interests sometimes clashed . This opinion I have frequently expressed ; * it
concerns Mr. Anstey as much as Mr. Bridges, for in cases where large fees
have been paid to the Attorney-General by one of the litigant parties, I have
felt myself precluded from consulting him, when such cases have been before
me on final appeal.
59. But I could never have supposed that the confidence which usually
exists between gentlemen in their private intercourse would be violated , and
my words distorted , exaggerated , and tortured , in the manner of which Mr.
Anstey has given so extraordinary an example.
60. Mr. Bridges spoke to me as to the charge thus brought against him by
Mr. Anstey, but I declined to take official cognizance of anything said before
the Commission by any witness, until all the proceedings were before me,
but told Mr. Bridges that his appointment by me to his present office, ought
to be a sufficient proof to him that I had never laid official malpractices to
his charge. It would seem that Mr. Bridges considered this explanation
sufficient in the first instance, but finding that the Commission had printed
Mr. Anstey's statement and allowed it to be published , he demanded from
them the opportunity of being heard in reply.
61. It would have been more prudent in my judgment, and more dignified .
if Mr. Bridges had adhered to his original resolution, and have left me to
justify or explain to Her Majesty's Government the true facts of the case,
but he was entitled to be the judge in his own matter. His action was, how-
ever, entirely his own ; I, in no way, participated in it, although Mr. Anstey
abstained subsequently from asserting most falsely that I authorized and even
co-operated in the step thus taken by Mr. Bridges .
62. Mr. Anstey's counter- statement, in reply, will be, Sir, I trust, carefully
perused by you in its entirety, for it contains an amount of misrepresentation
and acrimony, which will, I think, be with difficulty paralleled elsewhere .
63. I have above stated what the real nature of my communication to Mr.
Anstey was, and you will be able to judge with what unblushing vehemence
of mendacity he has added to and distorted it ; but this, bad as it is, was not
sufficient for Her Majesty's Attorney-General ; ' vires acquirit eundo,' and
when his harangue terminated by a charge before unheard of, and never before
or since attempted to be supported by one iota of evidence, against Mr.
Bridges, of being convicted of seeking his own escape from public odium and
contempt, in the destruction of public records, of which he was the custos,
and which contained the damning evidence of his own complicity, or that of
his subordinates with thieves , resetters , murderers , and pirates ; from that
moment it became self-evident that even calumny had with Mr. Anstey no
limits, and that, in the intemperance of his passion, falsehood had no shame
for him .
64. It would not be difficult for me to give further instances, in addition
to these, but I refrain from doing so, for the task is both wearisome and repug-
nant to my feelings. I am, moreover, satisfied that unless you are already
* Antè Chap. XXI. , p. 476,
SIR JOHN BOWRING REPORTS MR . ANSTEY'S SUSPENSION . 529
convinced of the impossibility of so unfit a man as Mr. Anstey has proved Chap. XXIII.
-
himself to be for the office of Attorney-General continuing a member of this
1858.
Government, it would be impertinent in me to press the subject at greater
length upon you.
65. The Caldwell Commission presented its report to me, dated July the
17th, on July the 19th, and I must refer you, Sir, to this document, which I
believe is considered by all parties most unsatisfactory . I feel it necessary to
examine some of the grounds upon which its conclusions rest, and which, in
so far as they are unfavourable to Mr. Caldwell, are in my judgment unwar-
ranted by the evidence. Mr. Day, the present acting Attorney-General, who
was the barrister selected by the Commissioners themselves to assist them,
has, at the request of the acting Colonial Secretary entered at some length
into an examination of the report, which task, from his thorough acquaint-
ance with the evidence, he was perhaps the most competent person to perform,
at the request of the Lieutenant-Governor and the General. I transmit Mr.
Day's letter herewith, and I think a careful perusal will show how nearly, in
the opinion of an unprejudiced lawyer, the Commissioners have strained every
point which could possibly be made to tell against Mr. Caldwell,
66. The decision on the first charge, as to whether Mr. Caldwell was or
was not fit to continue a Justice of the Peace being decided in his favour,
even by a tribunal which had been extreme to mark anything which he had
done amiss, I could regard in no other light than a general acquittal even by
it, and I have now therefore the honour to report to you my conviction that,
with one exception , and that amounting to not more than an indiscretion (the
search of " Assow " ), * Mr. Caldwell has come blameless out of one of the
most searching investigations to which man was ever subjected in an English
community.
67. The necessity was now incumbent on me of calling the Attorney-
General to account for that line of conduct which, suitably following up a
series of official quarrels seldom, I believe, paralleled in any other locality,
had kept the Colony in a flame for so many weeks, and during which his
increasing spirit of insubordination, promised , if unchecked, to attain such a
height as necessarily to bring the Government into contempt, and reduce
what might be a tolerably well regulated community into a chaos of dis-
order.
68. The evidence having been submitted to me in manuscript on the 19th
of July, I devoted myself to a careful perusal of it, and on the 23rd, directed
the letter of that date, which is appended hereto, to be written to Mr. Anstey.
In order that Mr. Anstey might at once see the gravity of the position in
which he had placed himself, I caused to be intimated to him, in this preli-
minary letter, that unless he sent in a satisfactory reply, a reference would
ensue to the Executive Council.† I did this under the idea that I was acting
most fairly by him in so doing, and hardly expecting that an ex favore act
of this description would be attempted by him to be twisted into an irregula-
rity. I may also here mention that throughout its sittings the Commission
printed de die in diem, but did not communicate them to me, the proceedings
of each day, and that as Mr. Anstey attended every sitting of the Commission,
with, as I am informed, at most five exceptions, and as each day he had
handed to him the printed evidence for his perusal, and his own evidence
occupies part or the whole of not less than eighteen pages, Mr. Anstey might
well be expected to be tolerably informed as to the progress of the case.
69. On the same day Mr. Anstey returned the answer found in the ap-
pendix, and dated July 24. In this letter he assumes a Fabian policy, and
reiterates bis repudiation of any responsibility on account of the charges
* See the Report of the Commission, antè p . 508,
† Antè p. 509.
530 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
*
Chap. XXIII. brought against the Registrar-General, forgetting apparently for the time
1858. that he had denied my jurisdiction by an appeal to the Secretary of State, in
the shape of an impeachment of this Government. He afterwards again
resumes the position of being independent of my jurisdiction . There is,
however, one point stated in this letter which is peculiarly worthy of your
attention when you hereafter find Mr. Anstey complaining of the scant justice
done by the Commission . Whether Mr. Austey was prosecutor or witness, it
certainly surprised me not a little to find that on the 24th , more than a week
after the Commission closed its labours, Mr. Anstey was correcting his own
evidence when in the printer's hands. Such a laxity of practice, on the part
of the Commission , is almost inconceivable, for it opens a door to almost
any correction, according to the greater or less scrupulosity of the corrector.
70. On the 28th July a complaint came in from Mr. Anstey against the
Commission for not printing all the documents which he considered to be
necessary appendices to the evidence, which extended over 98 pages of double
columns.
71. For this injury to his cause, even Mr. Anstey does not pretend to
blame the Government. I gave the Commission carte blanche to print what
they liked without any limit. These protests, coming from a party who
denies being an accuser, but represents himself as merely a spectator, or an
unwilling witness, speak for themselves.
72. Mr. Anstey answered the official letter of the 23rd on the 31st ; his reply
is dated the preceding day, Friday, but was not received until about 11
a.m. on Saturday. This document, consisting of about 34 closely- written
pages, almost defies analysis or comment on my part from the vagueness of
the manner in which it either eludes the topics which had been brought to his
attention by the letter of July 23rd, or the bold form of contradiction behind
which the writer retrenches himself where that style of defence better suits
his purpose. This letter shows, in my opinion, in a still more aggravated
form , the same errors which had in other cases disfigured Mr. Anstey's con-
duct ; he will under no possible circumstances ever admit that he has been
wrong, although it be clearly demonstrated to every one else that what he
considers a fact is a creation or distortion of his own imagination ; when
charges that he has brought have been disproved , he reiterates them with
increased acrimony ; when the judges of his cause are on his side, they
are everything which is upright and straightforward ; when they presume
to differ from him, they must be actuated by motives of an unworthy and
hostile nature.
73. I have already gone over much of the ground retraced by Mr. Anstey
in this letter ; but I shall notice some points in it, leaving the whole of it
for your consideration, as a further test of the meaning which this officer
places upon the term subordination, as applied to himself and his superiors.
in office.
74. Mr. Anstey refers to a letter sent to the acting Colonial Secretary by
the President of the Commission , after it had ceased to exist, and in which
that officer somewhat unnecessarily takes upon himself to inform me that
their report was simply intended to refer to the charges as they affect Mr.
Caldwell, and that by it they did not intend to impute anything in the shape
of misconduct to Mr. Anstey or Mr. May. This fact is self-evident, and it
would have been a rather singular addition to other eccentricities of action,
had the Commission constituted itself a judge of persons not on trial before
* Antè p. 510. -They had been drawn up by Dr. Bridges by direction of Sir John
Bowring, as Mr. Anstey's charges -see paragraph 38 of Sir John Bowring's despatch,
antè p. 523.
SIR JOHN BOWRING REPORTS MR. ANSTEY'S SUSPENSION . 531
them. It was for the Government, having that report, and the charges and Chap. XXIII .
the evidence before it, to say whether the public servant, who had created
1858.
the necessity for this Commission, and whose conduct before it could only be
judged by the Government, had or had not acted properly. Mr. Anstey ,
however, wishes to carry this letter still further, and construe it into an
approval of his conduct. He is entitled to draw no such deduction .
75. Mr. Anstey, to further strengthen his position , addresses, without my
sanction or knowledge, the unofficial Justices of the Peace, asks them for
their opinion on a point upon which it is utterly impossible they should be
in a position fairly to pronounce until they had carefully weighed the charges,
the evidence, and then the report of the Commission . Five of these gentle-
men, consisting of two merchants, two bank employés , and a ship surveyor,
do not hesitate to put on record (according to Mr. Anstey's letter, for other-
wise I have not heard a syllable on the subject) letters which, while they
show the amount of party feeling existing on this subject, also convict the
writers of a want of that calm aud deliberate consideration which in that case
was specially demanded . *
76. The name of Mr. Bridges is, of course, introduced by Mr. Anstey into
this letter, as having said something on the Club steps about Mr. Anstey
leaving the Colony within eight weeks, and that gentleman has requested me
to mention that this statement is totally without foundation, and , in fact, his
shattered health had, until the last few days, been such as to prevent his doing
more than move from his private residence to Government offices and back
again.
77. As the Executive Council consists but of three members in addition
to myself, viz ., the Lieutenant-Governor, Lieutenant-Colonel Caine ; the
Senior Military Officer, Major-General Sir Charles van Straubenzee, K.C.B.,
(who was quartered at Canton, and only visited Hongkong on receiving
summons from me to attend the sittings of Council) , and Mr. Bridges, who
very properly† declined to vote on any matter relative to Mr. Anstey. I was
under some difficulty as to the procuring the necessary quorum of two besides
myself, when taking the advice of my Council in these troublesome questions .
78. But there was, moreover, an additional peculiarity about this case,
laying entirely aside Mr. Anstey's conduct with regard to Mr. Caldwell
individually, and also the offensive and hostile attitude he had taken up with
regard to the Colonial Government before the Commission. I had also to
point out to the Council the incessant perturbations of the public peace
emanating from the Attorney-General, and which almost by themselves
demanded his removal. The details of Mr. Anstey's previous dissensions
were all on record, and were well known to him at any rate, and while refer-
ring to them as matters of history, in asking the advice of my Council, I did
not think it necessary to found specific charges upon them,
79. You will find , Sir, Mr. Anstey raising technical objections as to the
form of the proceedings before the Council. Taking what I have mentioned
in the three preceding paragraphs into your consideration , you will be able to
judge whether Mr. Anstey had not only, in fact, the opportunities for a
sufficient defence required by the Colonial Regulations, but, even more, Mr.
Anstey having, as I have before stated, been put fully on his guard by the
letter of 23rd July, as to the possibility of his case being brought before the
Council, sent in his letter in answer to me, after more than a week's delay.
80. That letter I deemed most unsatisfactory, and the General having
come down from Canton on Monday, Angust the 2nd, I summoned the
The Justices thus alluded to were the Honourable John Dent, M.L.C., Mr. J. D. Gibb,
Mr. Patrick Campbell (manager of the Oriental Bank) , Mr. W. Lamond (Sub-manager
of the Oriental Bank), and Captain Rickett, all of whom agreed that Mr. Caldwell was
unfit to remain in the commission of the peace, and were the Justices who also concurred
in the opinion of the minority as alluded to antè p. 502.
† See the reason assigned by him, antè p. 514.
532 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XXIII, Executive Council, laid Mr. Anstey's letter on the table, stating it in my
1858. opinion to be unsatisfactory, and then proceeded to lay before them all the
matters connected with Mr. Anstey, which had compelled me to resort to
them for advice.
81. On the documents and statements then considered by the Council,
certain resolutions were passed by it, which without in any way determining
whether the Attorney-General should or should not be suspended from office,
were to be taken as expressions of opinion by that body, on Mr. Anstey's
general conduct, and not without weight as to the propriety of continuing
him in his position, when the question of his suspension afterwards came
before it.
82. The second of these resolutions may demand some explanation ; the
others will, I thiuk, speak for themselves. I particularly drew the attention
of the Council to the subject matter, which was afterwards embodied in the
second resolution, because having received from Mr. Labouchere, then Secre-
tary for the Colonies, with regard to Mr. Anstey, certain instructions to be
pursued with regard to his suspension, when he had wrongfully accused the
Chief Justice. * I thought the precedent useful for the information of the
Council, and I also thought it fair to point out to Mr. Anstey, who stood in
a similar position now with regard to myself and the acting Colonial Secre-
tary, to the one formerly held by him towards the Chief Justice, how narrowly
he had before escaped the punishment again impending over him .
83. I incur the risk of wearying you, Sir, with all these minutiæ , because
after having taken every step with the most cautious deliberation which the
peculiar circumstances of the constitution of my Executive Council admitted ,
I find it, and myself, violently assailed Mr. Anstey, for having condemned
him untried and unheard .
84. If I have erred in any way against the spirit of my instructions, it has
been by excess of opportunities for defence afforded to this turbulent man,
certainly not by any restriction of such opportunities.
85. The General was compelled to return at once to Canton ; and having
named the following Saturday as the day on which he could most conveniently
attend to form a quorum, I caused the resolutions of the day's Council to
be conveyed to the Attorney-General, with an intimation that he had until
the following Saturday to send in in writing such further statements as be
might deem necessary .
86. The records of the Colonial Office will exhibit proofs of the wonderful
facility with which Mr. Austey runs over the most voluminous epistles, aud
even from him I did not expect the plea that four days, totally free from all
official business whatsoever, was too scant a period for the preparation of his
defence. A portion of the 3rd of August, one of those given him for his
defence, was employed in producing the letter of that date.
87. Having been allowed the perusal of all the extracts of despatches
which had been laid before the Council, many of these being the despatch in
its entirety, he invents a grievance because he was not allowed the perusal
of documents which in no way related to him ; he then proceeds to impugn
the regularity of the proceedings of the Council, while protesting against its
jurisdiction, and finally calumniates in as far as in him lies each member of
Council in succession, by a tour de force which it is impossible to explain or
to understand ; he attempts to make out that it is the acting Colonial Secre-
tary who is on his defence, and not himself ; and that because the Lieutenant-
Governor in April last entertained,† as he still does, a strong feeling of friend-
ship for Mr. Bridges, therefore in August (Colonel Caine) should not sit in
* Antè Chap. XVI . § II., p. 386.
† Ante Chap. XXI. , pp. 472, 473,
SIR JOHN BOWRING REPORTS MR. ANSTEY'S SUSPENSION. 533
Council on Mr. Anstey again, because through his overbearing disregard of Chap. XXIII.
-
all rules not framed by himself, he was taken up by the Provost Marshal in
1858.
Canton, and locked up for the night last January,* he imputes a bias to Sir
Charles Van Straubenzee, which is to over-rule the obligation of his oath of
office.
88. Mr. Bridges, as usual, is grossly slandered ; and although Mr. Anstey
had seen from the proceedings in Council that gentleman declining to vote,
in order to avoid the appearance even of unfairness towards his bitter perse-
cutor, yet the Attorney-General does not hesitate to inform his superior officer,
the acting Colonial Secretary, " You more than myself on your trial, and
greedy for my succession." I need not also remind you that it is with Mr.
Bridges ' most ready concurrence that I have since appointed not Mr. Bridges,
but another gentleman, to act in the office vacated by Mr. Anstey.
89. Of myself it is said, by my legal adviser, that, disguise it as I may, I
am his chief accuser. For once Mr. Anstey has merely stated the truth ; I
am his chief accuser, and 1 am so as the representative of Her Most Gracious
Majesty the Queen, as the guardian of public morality, and the highest offi-
cial authority for the maintenance of law and order, I feel my responsibility,
and certainly do not shrink from it.
90. I crave your particular attention to this letter, Sir, for it and the simi-
lar and subsequent memorandum are not among the lightest reasons which
necessitated the removal of Mr. Anstey from the public service.
91. I saw nothing in this letter of Mr. Anstey's to alter my determination
of referring his case to the consideration of the Executive Council, and I
therefore directed an intimation to be conveyed to him that, as he himself re-
quested at the conclusion of the document, it would be submitted to that body.
92. Sir Charles Van Straubenzee having again returned from Canton for
the express purpose, the Executive Council assembled on Saturday, August
the 7th, to consider the propriety of suspending the Attorney- General. It
was summoned to meet at ten o'clock, and about that hour the accompanying
memorandum was received from that officer. This document demands the
following observations from me. The protest against the jurisdiction of the
Council is repeated , with this addition, that such jurisdiction had never exist-
ed. A statement is made that Mr. Anstey had not sufficient time allowed
him to prepare his defence, because during part of the days allotted to him,
he was employed on heavy professional business, " three whole days, " accor
ding to his letter. You will observe, from the minutes of Council how even
this fact is exaggerated : on two of the four days there was no Court busi-
ness whatsoever ; on the other two days the Court did not sit until two p.m.,
and on one of these last mentioned days, Mr. Anstey's professional business
did not occupy half-an-hour. Besides, his business was private, not official,
and could easily have been adjourned, had he desired it. I am thus particu-
lar in dealing with this point to show that even to a slow penman there
would have been no hardship ; whereas by a writer of Mr. Anstey's extra-
ordinary power of execution in covering quires of paper, the allegation of
want of time seemed out of place. The pretext of the appeal to your supe-
rior jurisdiction is still persevered in. If Mr. Bridges has been more or less
at issue with every other department, such a fact has not come within my
cognizance, and has assuredly not assumed an official shape.
93. But, above all, must I observe upon the astonishing fabrications which
are to be found in paragraph No. 29, and the still more remarkable outburst
of insubordinate feelings in the conclusion of this memorandum. It is abso-
lutely false that Dr. Bridges obtained in the name of the Governor a day and
an hour for making comments upon Mr. Austey's testimony. Dr. Bridges did
* Ante Chap. XX. § II., p. 463.
† The real reason assigned by Dr. Bridges for not voting was statel by him at the
time of Mr. Anstey's suspension - see antè p. 514 ; also see Chap. XXIV., infrà.
534 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XXIII, it proprio motu without even mentioning the matter to me at all, and he did
so, as I have above stated, in consequence of the unprovoked allusion , on Mr.
1858 .
Anstey's part, to malpractices of his as acting Attorney-General. It is ab-
solutely false that I entrusted to Mr. Bridges for the purpose in question any
documents on any day. The documents which Mr. Bridges produced were
the originals, which were in his own possession, and several of which I have
never seen up to this moment, nor did they emanate from my Government ;
such, for instance, as a private letter from Mr. Mercer, a letter from Admiral
Sir J. Sterling, and addresses from the English and Chinese communities
here, copies of all of which Dr. Bridges informs me were lodged in Downing
Street in 1856. It is absolutely false, and Mr. Anstey never had a shadow
of a ground for saying that the charge of constitutional aberration from truth
which Dr. Bridges undoubtedly did retort on Mr. Anstey was made in my
name, or with my knowledge. Dr. Bridges had himself to defend , and is
quite capable of doing so, without using me as a shield. Mr. Anstey had,
therefore, none of the justificatory reasons which he alleges in support of his
betrayal of my confidence and distortion of my words, and certainly no at-
tempted justification was ever put in a more offensive shape by an inferior to
a superior.
94. The Executive Council assembled, as I have stated, at 10, and sat
until four its minutes will detail to you the course of its proceedings, which,
I say in all honesty, fairly exhausted the whole subject before coming to a
decision.
95. Mr. Anstey's suspension was decided upon on several grounds, each of
which was, in my opinion, more than sufficient to incapacitate him from a
further tenure of office : his incessant quarrels , his unsoundness and danger-
ous character as the confidential law adviser of the Crown, his conduct
throughout the Caldwell Commission, both as regards his superior and in-
ferior fellow-servants of Her Majesty, the insubordinate, intemperate, and
offensive attitude which he assumed towards myself as Governor, and to-
wards the Executive Council as a body.
96. This suspension , without doubt or hesitation, I ask you to confirm : no
man has ever had greater latitude allowed him than Mr. Anstey , under my
Government. No man could have abused his liberty more, and it is fit that
he should reap as he has sown.
97. In the position in which this Colony and I, personally, have been
placed during a period of extreme solicitude, perplexity, and responsibility, it
has greatly added to my anxiety and labours -greatly interfered with the
quiet and serious discharge of singularly complicated public duties —to be
scarcely ever free from reference in some or other misunderstanding among
officials in the Colony -almost always created or fauned by Mr. Anstey's intem-
perance. He has appeared to me unable to exist out of a turbulent and tem-
pestuous atmosphere, and to possess the unhappy art of creating storms which
it is not so easy to appease ; and , on a review of the past, I feel that I can far
more easily justify the final resolution in which I have been supported by
the cordial unanimity of my Council, than excuse myself for having so long
submitted to so much insubordination and disrespect ; insubordination to my
authority-disrespect to my station and my years.
I have, etc.,
(Signed) JOHN BOWRING.
The Right Honourable
Sir EDWARD B. LYTTON, Bart., M.P.,
Secretary of State for the Colonies.
THE BISHOP OF VICTORIA ON GOVERNOR BOWRING . 535
Masterly for its purpose as this despatch may appear, its Chap. XXIII,
immediate purport, as it so clearly shows, was, neverthe- 1858.
less, but an intemperate onslaught upon Mr. Anstey con-
sequent upon his unwise disclosures, and in extenuation and
vindication of the conduct- and of Sir John Bowring's extra-
ordinary but now necessary support - of Dr. Bridges and his
acolyte, Mr. Caldwell . In his endeavour to save his now tot-
tering administration , and to exculpate these two unprincipled
persons, Sir John Bowring, as has been seen , neither spared
those officials who had run counter to his views , or rather the
wishes of Dr. Bridges and Mr Caldwell, nor even the Justices
of the Peace who had voted in the minority which had con-
*
sidered Mr. Caldwell unfit to be a Justice of the Peace, or the
Caldwell Commission of Inquiry which had disposed of the
charges drawn up by Dr. Bridges,† and which Commission
never for a moment anticipated such a termination, as the result
of their delicate labours. ‡
Taken with the facts now familiar to the reader, it was there-
fore not astonishing that the Newcastle Foreign Affairs Asso-
ciation , when addressing the Duke of Newcastle on the subject of
Mr. Anstey's treatment, ---which , it is needless to say, met with
resentment from various other quarters in England.-- should have
said that they had convicted Sir John Bowring of " falsehood . "§
The records hereafter will show that while Mr. Anstey's dis-
missal rested indirectly on his indiscretions and subsequent
relations with the Government, and that Mr. May was comple-
tely absolved of all imputations , both Dr. Bridges and Mr.
Caldwell met with nothing but their long and well - merited
deserts .
The Bishop of Victoria, who until this time had kept well The Bishop
aloof from all the dissessions prevailing in Hongkong, must have of Victoria
take sa
been disgusted to find that a communication of his , addressed to charitable
view of
a private friend at Home, was reproduced in The Record, a paper John
published in England. That part only having immediate con- Bowring.
cern with the present work is now extracted , and, coming from
the source it does, may be taken as a fair exponent of the true
state of affairs then prevalent in Hongkong. As will be seen
the bishop evidently had ransacked his chalice of charity to
give Sir John Bowring its contents. His letter was dated
Hongkong, August 24th, 1858.'
" Our Governor, Sir John Bowring, looks very ill ; and I think he cannot
last very much longer with his many harassing cares in this trying climate.
• See paragraph 75 of Sir John Bowring's despatch, antè p. 531.
See paragraph 38 of Sir John Bowring's despatch, antè p. 523.
Paragraph 74 of Sir John Bowring's despatch, antè pp. 530, 531 .
See Chap. XXXI., infrà. Also article in The Morning Herald of the 28th April.
1859,-Chap. XXVI., infrà.
536 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XXIII. He is involved in a great deal of trouble just now in the internal administra-
-- tion of the Colonial Government ; it is likely that the matter may be mooted
1858.
in the House of Commons . I hope Conservatives and churchmen may pursue
a generous part towards him. He is undoubtedly an able and well-intended
man, and both as Consul at Canton in former times , and more recently as
Governor of this Colony, he has always maintained an example of the strict
est morality.
He belongs to an unsatisfactory political and religious school ; but, in per-
soual kindliness of disposition and a desire to benefit the local Chinese popula-
tion, he has shown himself worthy of every consideration. He has fallen on
troublous times . His wife is lately gone to England, having never recovered
the effect of the Chinese poisoning. The greatest enemy Sir John Bowring
ever had would be melted to pity and sympathy if he could see the slow but
certain progress of sickness and infirmity creeping over him. His public
policy and local politics I , of course, have nothing to do with."
The statement in this letter that Sir John Bowring " cannot
last much longer with his many harassing cares " and that his
66
greatest enemy would be melted to pity and sympathy if he
could see the slow but certain progress of sickness and infirmity
creeping over him " cannot at this date be thought otherwise
than ludicrous. Sir John Bowring, who was now sixty- six years
of aget whatever he may have looked , evidently could not have
been so bad, for not very long after the death ofhis wife he re -mar-
ried, which gave rise to the most jocular remarks upon the sub-
ject locally, and, as will be seen, he did not die till 1872 , fourteen
years after the above letter was written. As to the statement
Sir John
that " Sir John Bowring belonged to an unsatisfactory political
Bowring as
belonging and religious school " § and that as regards " his public policy and
"to an
unsatis- local politics " the bishop, " of course, had nothing to do with,'
factory that seemed inevitable, though these appeared to be the very
political and points on which satisfaction had been required of the Governor.
religious
school." It is hardly necessary to say that advantage was now taken of
this letter to heap further abuse upon Sir John Bowring, though
it must be admitted that he had made a great mess of things
generally in Hongkong.
See antè Chap. XX. § II., p . 471 .
He was born in 1792 - antè Chap. XI. , p. 227, note.
See Chap. XXVII., infrà.
Sir John Bowring was a Radical in politics and a Unitarian by religion.
537
CHAPTER XXIV .
1858 .
Mr. Inglis appointed Harbour Master and Marine Magistrate.-Mr. J. Scott, Governor
of the Gaol.- Chinese callousness with respect to suicide. A triple suicide in the Gaol.-
Mr. Scott confirmed as Governor of the Gaol.-Dr. Bridges wishes to be relieved of the
acting Colonial Secretaryship. -The Attorney-Generalship in view. - Condition on which
Dr. Bridges was prepared to remain in office. -Resignation of Dr. Bridges . Mr. Forth,
acting Colonial Secretary. - Mr. Anstey goes to Manila. - Death of Mr. Day, acting
Attorney-General -Secretary of State's approval of Mr. Day, as acting Attorney-General.
-Mr. Green appointed acting Attorney-General. - Criticism . - Meeting of the Legislative
Council.-Freedom of speech. Governor Bowring's proposal to make members of Council
answerable for attacks on private character.- Sir John Bowring's explanation of the
'distorted ' statements made by Mr. Anstey in regard to Dr. Bridges and himself at the
opium monopoly inquiry.-The Secretary of State upon the careless manner in which
legislation had been conducted in the introduction of Acts of Parliament not applicable
to the Colony. -Lists of Imperial Enactments and Rules and Orders of the Superior
Courts at Westminster which were introduced by Ordinance No. 5 of 1858. -The Secretary
of State's despatch. -The report of Sir Frederic Rogers and Mr. Merivale.- Disallowance
of Ordinance No. 13 of 1858. - Disallowance, when notified .- Sir John Bowring's appoint-
ment of Dr. Bridges as counsel to the Superintendency of Trade on the suspension of Mr.
Anstey. Mr. Anstey's complaint to the Secretary of State. - Sir John Bowring's despatch.
-Mr. Anstey and Dr. Bridges resume their old conflict. - An unpleasant scene in the
Supreme Court.-The Chief Justice's attitude.- Mr. Anstey on Dr. Bridges. He breaks
out in poetry. - Dr. Bridges' gorgeous signboards. - Professional etiquette.- Mr. Anstey
and Dr. Bridges in Court again. Legal practitioners who swing Chinese signboards upon
the public road.' The decorous behaviour of the Chief Justice.- Execution of a private
of the Royal Marines on board H.M.S. Hesper for murder.-- A subsequent case in which a
soldier who murdered a comrade was handed over to the civil authorities. - Ma Chow
Wong and other convicts despatched to Labuan.— Mr. Caldwell's grief.- Ma Chow Wong
in Labuan. — Conspiracy to murder. His sentence increased. - The free pardon subse-
quently granted him. Chap. XXIV.
-
Ar a meeting of the Executive Council held on the 25th August , Mr. Inglis
Mr. Inglis, the Governor ofthe Gaol, * received the appointment Harbour appointed
of Harbour Master and Marine Magistrate in succession to Cap- Master
tain Watkins, being afterwards confirmed in the appointment. and Marine
Magistrate.
Mr. Joseph Scott replaced Mr. Inglis . Mr. Scott , formerly Mr. J. Scott,
in the ranks of the army, had for some time been employed in Governor
the Gaol. of
the Surveyor - General's Department.
An account of a triple suicide in the Gaol, not unlike that Chinese
callousness
recorded in this work early in 1845, characteristic of Chinese with respect
callousness with respect to suicide by hanging, was given by to suicide.
Mr. Inglis shortly before severing his connexion with the Gaol. A triple
suicide
Mr. Inglis reported that three pirates , who had been committed in the Gaol .
for trial and were confined together in one cell where there was a
window with two iron bars, determined upon taking the jurisdic-
tion of the case into their own hands, instead of undergoing the
additional troubles of confinement and of trial at the Criminal
See antè Chap. XVIII., p. 428, as to this title.
† Ante Chap. XIV. § II., p. 342.
Antè Chap. 111. § 11., p. 75,
538 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XXIV. Sessions, and having condemned themselves to death , doubtless
1858. anticipating their fate, these men determined upon hanging
themselves from the iron bars of the window. The way in
which they proceeded was by two of them first suspending
themselves with the aid of the third, and when animation in
these two was extinct, the third cut down one of his dead com-
rades gently, laid him on the floor, and then suspended himself
by his own tail, and all this was done so quietly, that the suspi-
cion of the sentry at the window was never roused by any
sound !
Mr. Scott
confirmed By Government Notification on the 23rd May, 1859 , Mr.
as Governor. Scott was confirmed as Governor of the Victoria Gaol.
of the Gaol.
As may be remembered Dr. Bridges had asked at the latter end
Dr. Bridges
wishes to be of July last to be relieved of the acting Colonial Secretaryship.
relieved This could not have been simply on the ground, as alleged , that he
of the acting wished " to resume the exercise of his profession " as he already
Colonial
Secretary- enjoyed the extra privilege of private practice, and other reasons
ship.
must be sought for, namely, that he had sickened under all the
disclosures that had been made in reference to himselff and also
The At-
torney. that, given a reasonable lapse of time between his resignation of
Generalship the acting Colonial Secretaryship and the supercession of Mr.
in view.
Anstey, he would stand a chance of receiving the substantial
appointment, the more so as he had been recommended for the
post by Sir John Bowring, in the event of Mr. Anstey's sus-
pension being confirmed . Accordingly on the 26th August,
he again addressed the Governor and asked to be allowed to
resign, the latter asking him, in reply, to defer his resignation
" until the inquiries connected with Mr. May " in reference to
charges brought by the latter in conjunction with Mr. Anstey
against Mr. Caldwell " shall be terminated. "
Condition
on which Dr. Bridges then stipulated that he would consent to remain
Dr. Bridges in office " on the understanding that he held the position until
prepared Mr. Mercer's return . " To this Sir John Bowring could not ac-
wasremain
to
in office.
cede, and on the 28th August Mr. Forth, the Treasurer,§ was
Resignation gazetted acting Colonial Secretary. Dr. Bridges further accen-
Bridges. tuated his resignation of the acting Colonial Secretaryship by
Mr. Forth, also resigning his Commission of the Peace on the 10th Sep-
acting
Colonial tember, when his name was removed from the list of Justices.
Secretary. On the 5th September Mr. Anstey, who since his suspen-
Mr.s Anstey
goe to sion had remained in the Colony exercising his right of private
Manila . practice, left for Manila on six weeks ' leave of absence . A few
Death of
Mr. Day, days after his departure, on the 21st September, Mr. Day, the
acting acting Attorney -General . || died . He was thirty-nine years of age
Attorney-
General. * Antè Chap. XXIII., p. 509.
† Antè Chap. XXI. , p. 472 ; Chap. xx111 ., p. 505 ; see also paragraphs 56-38 of Sir
John Bowring's despatch, id., p. 527.
Antè Chap. XXIII., p. 516.
§ Ante Chap. XVIII., p. 427.
Antè Chap. XXIII. , p . 515.
DEATH OF MR. DAY, ACTING ATTORNEY - GENERAL. 539
and the senior barrister in practice in the Colony. It will not be in- Chap. -XXIV .
appropriate here, considering the position he held at the time, 1858.
and at a very trying period, it will be admitted, to reproduce
what was said locally of this gentleman on the occasion of his
death :-
" We have to notice the death of Mr. John Day, the acting Attorney-
General, from an attack of acute dysentery. He passed as a barrister of the
Middle Temple in 1849 , had some practice on the circuits, and in the end of
1855 came out to this Colony, where his sound judgment and remarkable
industry gave him a high position. Mr. Day held himself very much aloof
from colonial matters, but all the more on that account was he to be valued
in the exercise of his own profession . Shortly after arriving here, an opinion
of his, passed in ignorance of the place, was turned to a special purpose by
the ingenious hands of Mr. Austey ; but after that, he followed the wise
course of confining himself to a conscientious fulfilment of his own special
duties. Nor were these discharged by him from a purely legal or narrow
point of view. As the legal examiner for the Caldwell Commission, and
afterwards the commentator on the proceedings of that intelligent Court,* he
steadily brought to bear upon the subject an amount of common sense, legal
acumen, and gentlemanly feeling, which were most serviceable to the Colony ;
and we cannot forget that on that, and one or two kindred subjects, it was
from Mr. Day we first heard a fair intelligent opinion, unbiassed by private
interest or personal prejudice. But it is useless to speak good of one who has
•
eutered into the Happy Valley . Rather, seeing how soon, in these lati-
tudes, the night comes in which no man can work, it would be well if we all
considered how mean, how miserable, our petty strivings for wealth, influence ,
and position are, and sought, more simply, to live worthy lives - the sole
necessity to fearless deaths."
On the 18th January, 1859 , it was notified that the Secretary Secretary
of State had approved " the provisional appointment of Mr. of State's
approva l
Day ( since deceased ) as Attorney-General of Hongkong pend- of Mr. Day,
as acting
ing the decision of Her Majesty's Government on the suspen- Attorney-
sion from office of Mr. Anstey." General.
On the 23rd September Mr. Frederick William Green was Mr. Green
gazetted acting Attorney- General in the place of Mr. Day, appointed acting
deceased, and during the suspension of Mr. Anstey. This ap- Attorney-
General.
* Seeantè Chap. XXIII . , p. 507, and paragraph 65 of Sir John Bowring's despatch, id., p. 529.
The following obituary notice appeared in The Law Times in reference to Mr. Day :- --
" The late John Day, Esq., who died whilst holding the post of acting Attorney-General
at Hongkong, was the eldest son of John and Amelia Day, of Woodland House, Wellington ,
Somerset. He was born at Milverton, in Somerset, on the 9th December, 1818. He re-
ceived his education at the Grammar School at Ilminster, under the late head master, the
Rev. John Allen, M.A., where he early distinguished himself as a classical scholar. After
leaving school, he was articled to and served his time with Messrs. Norton and Chaplin,
of 3 Gray's Inn Square. In 1840 he was admitted a solicitor and attorney- at-law, and
practised in that branch of the profession for some years at Maidenhead , Berks, and at
Taunton, Somerset. In Michaelmas Term 1839 he embraced the higher branch of the pro-
fession, and was called to the bar at the Middle Temple. He went the Western Circuit
and Somerset Sessions until the latter part of 1854, when he proceeded to Bombay. In
the autumn of 1855 he went on to Hongkong where he settled and practised at the bar ; and
where he soon obtained a very extensive amount of business. In the beginning of Au-
gust last, on the suspension of T. Chisholm Anstey. Esq., Mr. Day was appointed acting
Attorney-General for Hongkong, which appointment he held at the date of his death, the
21st September following. He was married on the 1st October, 1851 , to his cousin Miss
Elizabeth Catherine Day, daughter of the late Alexander Day, Esq., of Milverton. Somer-
set, and grand-daughter of the late Rev. Samuel Ashe, rector of Langley Burrell, Wilts.
Mr. Day has left no children . His wife survives him, and is now on her way to England
from Hongkong. Mr. Day has a brother, Lieutenant Estcourt Day, of the 26th Camero-
nians."
540 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XXIV . pointment took the public by surprise, because neither his short
-
1858. experience in Hongkong nor the state ofhis health entitled Mr.
Criticism .
Green to the post, at all events over Mr. Kingsmill, who not only
had prior claims as Mr. Green's senior, but also as having previously
filled the office during Mr. Anstey's leave in India, the year
*
before, in a satisfactory manner, and especially as he had been
a candidate for the position with Mr. Day at the time of Mr.
Anstey's suspension. Mr. Green took his seat in the Legisla-
Meeting tive Council on the 4th October, his appointment as acting
of the
Legislative Attorney-General in place of Mr. Day being gazetted on the 12th
Council.
February, 1859 , as being approved by the Secretary of State.
A singular coincidence to be noted in regard to this second
appointment to the acting Attorney - Generalship consequent
upon Mr. Anstey's suspension, and denoting an unlucky omen ,
was, that in December, 1859 , Mr. Green found himself com-
pelled to resign the appointment owing to ill-health, dying
some.time after.‡
Freedom
At the meeting mentioned above, Sir John Bowring proposed
of speech.
to introduce a clause in the rules, making members of the Coun-
Governor
cil responsible at common law for any attacks they may make on
Bowring's
proposal private character. As will be seen the Legislative Council was
to inake divided as to its claims to what really amounted to Parliamentary
members of
Council privilege of entire freedom of speech, except as limited by its own
answerable
for attacks rules, a majority, however, being opposed to the addition pro-
on private posed by the Governor. The following is taken from the records
character.
of the time upon the subject :-
" The Governor then stated that, owing to what had taken place in Council
on the 10th and 15th of May last,§ he found it imperative to propose an addi-
tion to the 16th regulation of the Legislative Council. That rule was—
The members of Council shall have freedom of speech, and shall not at
any time be questioned by Government for anything they have said therein ;'
-and he proposed to add the words, But the privilege of Council shall
not protect any member in the utterance of slanderous or libellous matter,
affecting the private character of individuals. ' He intended to send this
proposal Home, but before doing so, should like to afford the Council an
opportunity of expressing its opinion upon it.
Mr. Dent objected to the clause, because the Council was a society of gen-
tlemen, who were not to be supposed capable of uttering slanderous matter.
Mr. Davies raised several objections, the chief being, that the eighteenth
clause of the present rules provided the proper remedy. As connected with
this matter, he would now request leave to table a protest, which had been
intrusted to him by a member of the Council, regarding a breach of privilege.
[On being asked if he professed to represent a member of Council, Mr. Davies
stated that he held the protest from Mr. T. C. Anstey, who was still Her
Majesty's Attorney-General, and had not been ungazetted as a member of
Council. The protest referred to reference which had been made, after the
rules came into force, to language used by Mr. Anstey several months ago.
Antè Chap. XIX., p. 439.
† Ante Chap. XXIII ., p. 514.
See Mr. Green's resignation noticed in Chap. XXX. , infrà, and his death in Vol. II.,
Chap. XXXVI.
§ See paragraph 35 of Sir John Bowring's despatch, antè Chap. XXXIII . , p. 523.
GOVERNOR BOWRING ON FREEDOM OF SPEECH IN COUNCIL. 541
The protest of Mr. Anstey, which related to a circular the Governor sent Chap. XXIV,
round the members of Council, and to the ascription to Mr. Anstey of the 1858.
charges brought before the Caldwell Commission, was then read, and, on the
motion of the Governor, was entered on the minutes.*
Mr. Lyall objected to the proposed addition to Rule 16th. He should be
sorry to suppose that the authority of His Excellency, or whoever might be
president of the Council, would be insufficient to prevent or restrain the utter-
ance of slanderous matter. In the event of any member commencing to use
slanderous language, it would be quite sufficient for the president to interfere,
to demand an apology, or to put into force Rule 18, which provided that the
imputation of improper motives might be considered " disorderly."
The Surveyor-General thought that the proposed addition would east a
slur on the members of Council as gentlemen. Any libellous charges would
be reported, and punished in the usual way.
The Chief Justice said, in such a case as that just mentioned, it was the
publisher of the libel who would be responsible.
On a vote being taken, the motion was negatived by 2 to 6, the division
being-
Ayes. Noes.
ACTING COLONIAL SECRETARY. Mr. DENT.
LIEUTENANT-GOVERNOR. Mr. LYALL.
CHIEF MAGISTRATE.
SURVEYOR-GENERAL .
ACTING ATTORNEY- GENERAL.
CHIEF JUSTICE.
Mr. Dent remarked that, as His Excellency intended to send the proposal
Home, he also should like to send his objections to it, and was informed that
he would be at liberty to do so."
Nothing further is to be found upon the subject in the
records .
The Governor, at this meeting, as he had previously done in the
The following is the protest alluded to : -
แ "Minute of Protest of Privilege.
" My attention is drawn to a publication in The Hongkong Government Gazette of
Saturday last, the 31st ultimo, of a Warrant of Commission bearing date the 20th May
last, and having a List of Charges ' appended . The publication is said to be ‘ by Order,'
and for general information.'
"The Commission states, that those charges embrace certain accusations,' -recited
in the preamble to have been brought in the Legislative Council, and in official docu-
ments, by myself against the Registrar-General, and to necessitate an Inquiry ' : * —and it
directs certain Commissioners thereby appointed, to inquire into the same : -and all
Persons in the Public Service ' are charged to be aiding and assisting unto them therein.'
" I have also perused a Circular Letter under His Excellency's own hand, addressed,
on the 24th ultimo, to every Official Member of the Legislative Council, except myself : -
whereby, such Member is, in effect, required to answer in writing, whether or not certain
words therein specified , and bearing directly on the subject matter of the said ' List of
Charges ' and Commission, were used by me in the Debates of the said Council, in May
last, and by way of an intemperate attack upon the Registrar-General.'
" It appears that no inquiry whatever has been addressed to any of the non-official
Members of Council on the subject ; and I can state that I have received none.
"With the truth or falsehood of the recitals and averments in the said Commission . I
do not mean to trouble this honourable Council, beyond once more recording my emphatic
denial, that the List of Charges - by whom prepared I know notf - does embrace the
accusations made by me against the Registrar-General ; ' -a contradiction which, from
the 24th May last, the earliest opportunity I had for giving it, down to the present time,
has been
66 repeatedly officialized by me, and received without dissent or observation.
But, I do ask this honourable Council to admit this my protest against the above
acts of the Government, as being a manifest , deliberate, and persevering violation of its
* Ante Chap. xxш ., p. 503.
+ See Paragraph 38 of Governor Bowring's despatch, ante Chap. xx111 , p. 523.
Ante Chap. xxш ., pp. 503, 510.
542 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XXIV. Executive Council, * now took the opportunity of again referring
1858. to the questionable disclosures in reference to himself and Dr.
Sir John
Bridges , made by Mr. Anstey at the inquiry in the matter con-
Bowring's
explanation nected with the opium monopoly and Dr. Bridges, in May last.†
of the
'distorted' showing how much he felt these disclosures having been made.
statements He spoke with much warmth and feeling, especially when allud-
made by
Mr. Anstey ing to Mr. Anstey's breach of confidence. He began by calling
in regard to the attention of Council to the fact that the public business of
Dr Bridges
and himself the Colony had been interrupted for some time by a variety of
--
at the opium causes, and continued as follows :
monopoly
inquiry. " Recent events had induced the Executive Council to suspend Mr. Anstey,
the Attorney-General, and had led to the resignation of Dr. Bridges, the
acting Colonial Secretary. Illness and death, also, had added to the embar-
rassment caused by these changes. When Mr. Day was made acting Attorney-
General, a quantity of business , and a vast mass of documents were placed
in his hands, but illness prevented his performance of the duties, and on Mr.
Day's death the arrears of business were passed over to Mr. Green. Recent
unpleasant events had been laid before the Home Government, in one of the
longest despatches ever sent by a Colonial Governor ; but," continued His
Excellency, " I must, in justice to others, briefly remark on one subject. It is
a grave error, if expressions are repeated that have been uttered in the inti-
macy and under the protection of social intercourse, and which are calculated
to wound the feelings or damage the reputation of another. It is still worse
if a lawyer give publicity to communications made to him under the supposed
secure guardianship of professional confidence. And it is a far more inexcu-
sable and even serious offence if the Law Adviser of the representative of his
Sovereign shall divulge the most secret and unreserved -unreserved because
supposed to be sacred - communications of that representative, -and the
offence is greatly magnified if, by special arrangement on the part of the
offender, the public press is called in to give its multitudinous echoes to such
privileged communications,-but worst of all, if these communications have
been distorted, misrepresented , and tortured into meanings they were never
meant to convey . Of this, I am bound to say, and of much more, the late
acting Colonial Secretary has a right to complain, and I owe this explanation
to him, to myself, and to the Legislative Council of which he was a member.
The opinion of Her Majesty's Government will, no doubt, be conveyed to me
on this and indeed on the whole matter."
The Se- At the above meeting the Governor also intimated that he
cretary of
State had received a despatch from the Secretary of State, complaining
upon the of " the careless manner " in which legislation had been con-
careless
manner ducted in Hongkong in the introduction of Acts of Parliament
in which
not applicable to the Colony, and , continuing, said : —
legislation
had been " This was the business of the Attorney-General, who alone could be
conducted
in the privileges, solemnly recognized by the sixteenth of His Excellency's own Standing
Orders and Rules for the Council of Hongkong, which has been approved by Lord
Stanley, the Secretary of State, and is as follows :-
" The Members of Council shall have freedom of speech, and shall not, at any time,
be questioned by Government for anything they have said therein.'
.. I desire that this protest may be recorded.
T. CHISHOLM ANSTEY, M.L.C.,
Hongkong, 2nd August, 1858. H. M. Attorney- General.”
* Ante Chap. XXIII. , p. 511.
† Id. p. 505.
Sir John Bowring no doubt here referred to his despatch reporting Mr. Anstey's
suspension, antè Chap. XXIII., p . 516.
§ See also paragraph 60 of Sir John Bowring's despatch, antè Chap. XXIII., p. 528.
CARELESS INTRODUCTION OF ACTS OF PARLIAMENT . 543
expected to look over the Acts of Parliament and know if their provisions Chap. XXIV.
-
were such as should be adopted here. Some Acts had been introduced , 1858.
though there was no machinery to carry them into effect. In consequence of introduction
the illness and subsequent death of Mr. Day, the acting Attorney-General, of Acts of
the preparation of an Ordinance to correct the careless manner in which, Parliament
as pointed out by the Secretary of State, some of the Imperial Acts were not applic
able to the
extended to this Colony by Ordinance No. 5 of 1858 , had been delayed ; but Colony.
Mr. Green, the present acting Attorney-General, was actually engaged in
drawing up the needful Ordinance for submission to the Council."
This statement was indefinite enough, but in fairness to Mr.
Anstey it is but right to say that some of the measures referred
to by the Secretary of State were the direct instruments of Dr.
Bridges while acting as Attorney- General, though that Mr.
Anstey himself had been precipitate in the introduction of
Home legislation without much consideration as to its effect,-
as witness the precipitancy with which Ordinances Nos . 5 , 6 ,
and 7 of 1856 , before referred to, were brought into operation
despite the protest of the legal profession , -cannot be gainsaid .‡
At this stage it may not be inappropriate to reproduce in List of
full the list of Imperial Enactments or portions of same as well Imperial
Enactments
as the Rules , Orders , and Regulations of the Superior Courts and Orders
Rules
and
of Law and Equity at Westminster which by Ordinance No. 5 anthe of
of 1858 , the subject of the Secretary of State's Despatch, were Superior
Courts at
introduced wholesale into the Colony without any debate or con- Westminster
sideration :- which were
introduced
THE FIRST SCHEDULE TO WHICH THE ORDINANCE REFERRED. by Ordinance
No. 5 of 1858.
IMPERIAL ENACTMENTS.
Date ofthe Act. Title or Subject of the Act. Extent of operation intended to be
hereby given to the Act.
19 Vict. c. 117. Principal Officers of the Ord- The whole of the Act.
nance.
20 Vict. c. 47. The Joint Stock Companies' Act, Sections 14, 28 to 31 , both inclusive ;
1857. 41 to 47, both inclusive ; 53 to 57
both inclusive, the whole of part 3
and section 115.
See the debate in Council upon this point and the acting Attorney-General's re-
marks thereon,-Chap. XXV., infrà.
Dr. Bridges acted as Attorney- General on two occasions (1) from the 28th February,
1852 , to the 13th February, 1853,† and (2) from the 12th April, 1854, ‡ to the 15th January,
1856. During the first period that he held the position, no Imperial Act was introduced
into the Colony, but the second time he was acting Attorney-General, several enactments
were passed incorporating Home legislation - see more particularly Ordinance No. 3 of
1854, passed on the 31st October, 1854, " An Ordinance to declare certain Acts of the
Imperial Parliament to be in force in this Colony ;" || Ordinance No. 6 of 1855 " for the
amendment of the civil administration of Justice," passed on the 25th August , 1855 ; and
lastly Ordinance No. 3 of 1856, drafted by him and passed by the Legislature on the 29th
January, 1856, " declaring certain Acts of the Imperial Parliament to be in force in the
Colony of Hongkong."¶
Antè Chap. XVI. § 11. , pp. 376, 382.
* See Chap. x111., ante p. 322.
↑ See Chap. XIV. § 1., ante p. 331.
See Chap. xv., ante p. 343.
§ See Chap. XVI. § II., ante p. 369.
See Chap. xv., p. 355.
¶ See Chap. xvi. § 11., p. 371, note.
544 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XXIV . THE FIRST SCHEDULE TO WHICH THE ORDINANCE REFERRED.—Continued.
-
1858.
Date of the Act. Extent of operation intended to be
Title or Subject of the Act. hereby given to the Act.
21 Vict. c. 14. The Joint Stock Companies' Act, Sections 1 , 2, 3, 11 to 21 , both inclu-
1857. sive ; 23, 24 and 28.
21 Vict. c. 54. Punishment offrauds committed The whole of the Act.
by Persons intrusted with
property.
21 Vict. c. 57. Reversionary interests of mar The whole of the Act.
ried Women in personal Es-
tate.
21 Vict. c. 77. Probates and Letters of Admi- ¦ Sections 2, 3, 4, 21 to 38, both inclu-
nistration. sive ; 40, 42, 45, 53 to 91 , both
inclusive ; 94, 95, and 96.
21 Vict. c. 85. Divorce and Matrimonial Causes. Sections 2 , 6 , 7, 13 to 26, both inclu-
sive : 33 to 54, both inclusive ; and
59, (except so far as the said sec-
tions, or any of them, relate to the
dissolution of marriage).
THE SECOND SCHEDULE TO WHICH THE ORDINANCE REFERRED.
RULES, ORDERS, AND REGULATIONS, OF THE SUPERIOR COURTS OF LAW AND
EQUITY AT WESTMINSTER.
Subject matter ofthe Rule Extent of operation in-
Date of the Rule or Order. or Order. tended tobe herebygiven
to the Rule or Order.
Rule of Court, Michaelmas | Writs issued under the Bill ofEa- The whole of the Rule.
Term 1855. change Procedure Act, 1855.
Orders of Court of 30th Novem- Decrees and Entries. The whole of the Orders
ber, 1855. 1, 2 , and 3.
Rule of Court of the 8th May, Service of Pleadings and Pro- The whole of the Rule.
1856. ceedings at Law.
General Orders of the 12th No- Business to be disposed of at The whole of the Orders.
vember, 1856, Chambers.
The like of the 15th Novem- Leases and Sales of Settled Es- The whole ofthe Orders.
ber, 1856. tates.
General Order of the 2nd Feb Service of Writs and Proceed- The whole of the Order.
ruary, 1857. ings in Equity.
Rule of Court of the 23rd April , Notice as to Costs endorsed on The whole of the Rule.
1857. Writs of Summons on Con-
tracts under £ 20.
General Orders of the 18th Attachment and Sequestration. The whole ofthe Order 1 .
July, 1857.
Regulations of the 8th August, Conduct ofbusiness at Chambers. The whole of the Regu
1857. lations, except so far
as they require pro-
ceedings to be printed.
THE SECRETARY OF STATE ON CARELESS LEGISLATION. 545
Being a matter of considerable importance, the author has Chap. XXIV .
obtained from , and the sanction of, the Government to publish a 1858.
copy of the Secretary of State's despatch before alluded to, which, The Se-
cretary
together with the report of Sir Frederic Rogers , to Mr. Her- of State's
man Merivale, C.B., the permanent Under- Secretary of State despatch.
for the Colonies, is now reproduced in full. The following was
the despatch of the Secretary of State, Sir E. B. Lytton : -
Downing Street, 11th June, 1838 .
Sir,
I have to acknowledge the receipt of your despatch No. 35 of the 25th
March last enclosing an Ordinance, No. 5 of 1858, " for extending to this
Colony certain Imperial enactments and certain Rules and Orders of the
Superior Courts."
I have laid this Ordinance before the Queen, and Her Majesty has been
pleased to confirm and allow it. You will make known Her Majesty's deci-
sion to the inhabitants of Hongkong by a proclamation to be issued in the
usual and most authentic manner. In communicating to you the above deci-
sion I desire to draw your attention to the careless manner in which some of
the Imperial Acts are adopted by the Legislature of Hongkong as pointed
out by the Legal Adviser to this department, a copy of whose report I en-
elose for your information and guidance.
I have, etc.,
(Signed ) E. B. LYTTON.
Governor
Sir JOHN BOWRING.
The following was Sir Frederic Rogers' report upon the Or- The report
of Sir
dinance under consideration : - Frederic
Rogers to Mr.
Emigration Office, 2nd June, 1858 . Merivale.
Sir,
In obedience to the Secretary of State's directions conveyed by your letter
of the 25th ultimo, I have perused and considered the undermentioned Ordi-
nance passed by the Legislature of Hongkong in the month of March last
entituled-
No. 5 " For extending to this Colony certain Imperial enactments and cer-
tain Rules and Orders of the Imperial Courts."
It may not perhaps be necessary to withhold the Royal sanction from this
Ordinance. But I cannot refrain from remarking on the careless mode in
which some of the Imperial Acts are adopted by the Legislature of Hong-
kong.
The Joint Stock Companies Act, 1856, in the sections which are adopted
from it, provides (sections 41 and 47) for the proceedings of Companies
which it describes as registered and (sections 28 and 31 ) limited. But in
Hongkong as far as I am aware there is no registration of Joint Stock Com-
panies, nor any provision for limiting their liability, and in the absence of
registration the whole Aet (as far as I can see) becomes nugatory . Again
sections 45 and 47 and elsewhere, refer to certain proceedings to be taken
under Scotch Law which, I presume, it is not intended to introduce into
Hongkong. Section 57 declares that penalties shall form part of the conso-
546 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XXIV. lidated fund . Section 83 provides for paying money into English Scotch or
Irish Banks . Section 103 for giving notice in English, Scotch, or Irish papers.
1858.
All these clauses ought either not to have been extended to Hongkong, or to
have been accompanied by such an explanation as should render them applic-
able to the Colony.
One of the clauses adopted from the Joint Stock Companies Act, 1857,
(section 28 ) that if any Company required to register by that Act shall fail
to register before November 2nd , 1857 , every Director shall be subject to a
penalty of £ 5 per diem. This provision is applied to Hongkong, where, I
believe, there is no machinery for registration, by an Ordinance passed on the
28th March, 1858 , some months after the day from which the penalties run.
In the Act relating to probates reference is made to a machinery of Re-
gistrars and Deputy Registrars (sections 21-27 , etc. ), Commissioners of Her
Majesty's Court of Probate (section 27 the County Court and its Officer ( section
54 et seq.). It should be explained how the functions allotted to these offi-
cers are to be performed in Hongkong. No sufficient explanation is given
by the enactment ( section 2 ) that the provisions of the Imperial Act shall be
so construed as to enable the provisions thereof to be executed and enforced
by any Courts or officers (howsoever designated ) having or exercising the
same or similar or analogous functions to those of the officers designated in
the Imperial Act.
Section 66 of the Imperial Act provides that there shall be one place of
deposit of original wills in London or Middlesex . I presume it is not in-
tended to apply this clause to Hongkong. It is , however, so applied in fact.
Again, I do not see anything in the local Ordinance which would prevent its
application to Chinese wills. It should certainly have been explained whe-
ther or not this is intended .
The principal provisions of the Divorce Act of last Session are adopted,
except so far as they relate to the dissolution of marriages-a power not gene-
rally entrusted to Colonial Legislatures . I do not see that any error has
been committed in extending these clauses to Hongkong, nor in respect to
the Imperial Acts 19 Vict. Cap. 117 and 21 Vict. Capp. 54 and 57 .
I have, etc. ,
(Signed) FREDERIC ROGERS.
HERMAN MERIVALE , Esq.,
etc., etc., etc.
The Secretary of State's despatch after being read at a meeting
of the Legislative Council held on the 4th January, 1859 , was
Disallow ordered to lie on the table. One of the immediate results of
ance of
Ordinance the Secretary of State's action , consequent upon his despatch,
No. 13 of
1858. was the disallowance of Ordinance No. 13 of 1858 ,† relating to
Chinese passenger ships , passed by the local Legislature on the
* See Chap. XXV., infrà.
"An Ordinance for the continuance of the heretofore existing regulations respect
ing Chinese Passenger Ships ; and in the case of British Ships, respecting the treatment
of the passengers therein while at sea, and for making regulations in addition thereto."
According to the preamble to this Ordinance, it was passed with a view "to make
further provision, in addition to that made by the Chinese Passengers' Act, 1855,” ie,
Act 18 and 19 Viet , c. CIV., for the regulation of Chinese Passenger Ships.
DR . BRIDGES AS COUNSEL TO THE SUPERINTENDENT OF TRADE . 547
21st October, 1858. * The disallowance, however, was not noti- Chap . -XXIV.
fied to the public until the 16th December, 1859 , although, as 1858.
will be seen hereafter, the matter was mooted in Council so Disallowance,
early as in January, 1859,† in consequence of instructions from when
notified.
the Secretary of State . Subsequently, to meet the necessities of
the case, Ordinance No. 13 of 1858 was duly modified and, as
Ordinance No. 6 of 1859 , passed the Legislature on the 26th
December, 1859.‡
Mr. Anstey now returned from Manila , and discovered that, Sir John,
Bowring's
on his suspension from office , the Governor, whilst appointing appointment
the late Mr. Day to the acting Attorney- Generalship, had of Dr.
Bridges
appointed Dr. Bridges as counsel to the Superintendency of as counsel
to the
Trade on the full emoluments attached to that office, thereby
Superin-
adding another to the mistakes with which his administration tendency of
abounded, having regard especially to what he had professed to Trade on the
suspension of
be his ideas upon private practice being allowed to Government Mr. Anstey.
officials. Again, after his resignation of the acting Colonial
Secretaryship, it will hardly be believed that Sir John Bow-
ring allowed Dr. Bridges to retain the position now the subject
of controversy between himself and Mr. Anstey, who, although
under suspension, at once addressed the Secretary of State upon Mr. Anstey's
the subject. In his letter to Sir Bulwer Lytton , dated the 12th to
complaint
the
October, Mr. Anstey observed inter alia as follows upon the Secretary
of State.
further anomaly of the position :-
" You, Sir, will perceive that, at the very time when Dr. Bridges was
active in the measures for my suspension, the salary of £250 a year, part of
my expected spoils, was being allotted to him, as his contingent share, al-
though such allotment was directly forbidden by the terms of Lord Claren-
don's Despatch.................. on the supposed limits ( to the right of the
Attorney-General to advise private clients here and at the five ports) Dr.
Bridges has, since his acting appointment to the office in question , acted freely
for clients in appeals coming before Sir John Bowring, as such Superinten-
dent.
The expression, " greedy for my succession, " on which so much indignant
censure was passed by His Excellency and the Executive Council ,§ is, I sub-
mit, fully justified by the facts now first brought to light by the death of Mr.
Day, with whom the arrangement was effected. "
As was to be expected , Sir John Bowring fully absolved Dr.
Bridges of all blame in (what may be correctly termed ) this
As has before been recorded (antè Chap. XXIII. , p . 517, note), except for short trips to
Canton andMacao, Mr. Anstey's longest absence from Hongkongwhen holding the Attorney-
Generalship was in September, 1856, when he was in Shanghai, and from 27th July to
13th December, 1857, when on leave in India. In that interval no Home legislation was
introduced , so that he was mainly answerable for the Acts of Parliament to which local
effect had been given from the time of his arrival in the Colony until his suspension on
the 7th August, 1858.
Chap. XXV., infrà.
See Chap. XXV., infrà.
This expression was used by Mr. Anstey in one of his memoranda to Dr. Bridges,
alluded to ante Chap. XXIII., p. 513, and which probably was one of the reasons which
induced the latter to adopt the course he did in the Executive Council in not voting for
the suspension of Mr. Anstey (id., p . 514) . See also § 88 of Sir John Bowring's despatch-
id., p. 533.
548 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XXIV. fresh piece of jobbery. That Dr. Bridges had asked for the
1858. position on the suspension of Mr. Anstey and that he had
arranged with Sir John Bowring the terms on which Mr. Day
should take the temporary vacancy, there cannot be the shadow
of a doubt. Could Sir John Bowring have imagined for one
moment that, after all the disclosures in connexion with Dr.
Bridges ' conduct generally, and after what must be looked upon
as a necessary, if not compulsory, resignation on his part, that
the Home Government could have shown such weakness as to
entertain any application for permanent employment or recom-
mendation ever so strong on his behalf ? That, however, is the
only conclusion to arrive at after perusal of the Governor's des-
patch to the Secretary of State in vindication of Dr. Bridges'
conduct. But, as has been shown , Sir John Bowring was under
great obligations to Dr. Bridges " for active and valuable ser-
vices, * and who, moreover, must have afforded him considerable
assistance in his various communications with the Home Govern-
ment, for it is impossible to peruse some of them, especially those
referring more particularly to the disputes between the Executive
or Dr. Bridges and Mr. Anstey, without seeing that they betray
the hand of one accustomed to more than the ordinary curricu-
lum of official documents .
After this additional false step on the part of Sir John Bow-
ring, his allusion to private practice cannot be looked upon
Sir John otherwise than in the light of gross irony. The following was
Bowring's
despatch. Sir John Bowring's despatch giving cover to Mr. Anstey's
letter :-
Government Offices, Victoria,
Hongkong, 16th October, 1858.
Sir,
I have the honour to forward a letter addressed to you by Mr. Chisholm
Anstey on the 12th instant (received on the 13th) .
I thought it desirable to communicate to Dr. Bridges the charges made
against him by Mr. Austey. I send copy of Dr. Bridges ' communication to
me in reply.t
Dr. Bridges is quite justified in his utter denial of the truth of Mr. Aus-
tey's averments. They but add to a mass of unwarrantable statements with
which the archives of this Colony have been encumbered by Mr. Anstey's
precipitancy.
I have already stated that Dr. Bridges (with honourable and becoming for-
bearance) avoided taking any part or voting in the Executive Council on the
question of Mr. Anstey's suspension.‡
* See antè Chap. XXI., p. 476.
Not reproduced. Dr. Bridges ' letter was a mere denial upon his honour' of ' the
truth of every statement made by Mr. Anstey. See Parliamentary Papers relating to
Hongkong. 1860, p. 242.
Naturally enough. He was a candidate for the Attorney -Generalship ( as he had
been some years before- see his precipitate departure noticed antè Chap. XVI. § II., p.
369) —and it would have been an outrage on decency under the circumstances had he taken
any active part or voted for Mr. Anstey's suspension. As will be recollected , Sir John
Bowring, on the very day he reported Mr. Anstey's suspension to the Secretary of State,
also recommended Dr. Bridges, should Mr. Anstey's suspension be confirmed- see antè
Chap. XXIII., p. 516.
MR. ANSTEY AND DR. BRIDGES IN OPEN COURT . 549
No case is within my knowledge, and I believe none exists, where Dr. Chap. XXIV.
-
Bridges having accepted a fee as the professional adviser of a litigant party 1858.
in cases of appeal, has been called upon by me to give advice under such
appeals. I have applied the rule strictly, both to Mr. Austey and Dr.
Bridges, and have refused to consult either in cases in which they have been
employed professionally.
With respect to the " division of the spoils " neither Mr. Day nor Dr.
Bridges had any knowledge of my purposes. I nominated Dr. Bridges , pend-
ing the approval of Her Majesty's Government, to the position he had
formerly occupied and creditably filled , that of Counsel to the Superinten-
dency, and mentioned to Mr. Day my intention of doing so. Mr. Day
was thoroughly satisfied with the arrangement, but was not consulted upon it.
All these discussions will, I hope, prove to Her Majesty's Government the
desirableness of disallowing private professional practice to the Attorney-
General, and of augmenting his salary in consequence to £ 1,500 a year
from the Colony, and £250 from the diplomatic service. The jealousies and
bickerings created by the existing state of things are prejudicial to the
Queen's service, and I fear are an inevitable consequence of the clashings of
public interests and private emoluments. *
I have, etc. ,
(Signed) JOHN BOWRING.
Το
The Right Honourable Sir EDWARD B. LYTTON, Bart., M.P.
On the other hand, it was certainly detrimental to the public Mr. Anstey
good to find that Mr. Anstey and Dr. Bridges, the former and Dr.
Bridges
suspended and the latter now out of the service, never to be resume their
old conflict.
employed again as will hereafter be seen, though still an aspirant
to the Attorney - Generalship , seemed bent on resuming their old
conflict whenever an opportunity showed itself. Though sus-
pended from his public functions , Mr. Anstey continued his
private practice, and on his return from Manila, as before stated,
he set actively to work again, although in bad health.
An unpleasant scene took place in the Supreme Court on An unplea-
the 19th October, between him and Dr. Bridges, when both sant
in thescene
were engaged in the matter of a Mr. W. M. Robinet, an Supreme
insolvent, when Mr. Anstey charged Dr. Bridges with Court.
'fraud' and ' sharp legal practice,' though apparently there
were no grounds for doing so , and on appeal to the Chief
Justice by Dr. Bridges, the former condemned Mr. Anstey's
remarks as uncalled for and improper. There had been already
quite enough of these conflicts in Hongkong and the public
were beginning to get quite tired of them . On the case being
resumed on the 29th October, Mr. Anstey called the attention
of the Chief Justice to what he described as an " infamous,
mendacious , libellous , and degraded misreport " of what had
taken place in the Court at its previous hearing of this matter
as given in The China Mail. He qualified it a contempt of Court,
See previous references to this subject, antè Chap. XXI., p . 476 ; also Chap . XXIII. ,
p. 528 § 58.
550 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XXIV. and appealed to the Chief Justice for an expression of opinion ,
1858. but the Chief Justice paid no attention to Mr. Anstey's remarks.
The Chief Doubtless silence had come to be looked upon as golden by Mr.
Justice's
attitude. Hulme, whose advanced age and infirmities, besides a natural
unwillingness to be mixed up in local squabbles from which he
had all along wisely kept aloof, were now but too apparent.
Mr.Dr.
on Anstey Mr. Anstey then alluded to a postponement of the case on the
Bridges. previous sitting of the Court through his illness and which, he
alleged , Dr. Bridges had " so much paraded through the press
He breaks as a concession of his. " " I owe him no thanks," said Mr.
out in poetry. Anstey , " for his so- called concession, " and, breaking out into
poetry, continued :
" It reminds me of Matthew Prior's case--
To John I owed some obligation-
But John unluckily thought fit
To publish it to all the nation :
So John and I are more than quit ! ' "
The case then continued after some observations by Dr.
Bridges, who said he only wanted a statement of simple facts .
Dr. Bridges' But this preliminary wrangling was not to end here. On
gorgeous
Signboards, resuming active private practice, Dr. Bridges had put up two
gorgeous signboards at the entrance to his office in Queen's
Road, the upper one with large Roman letters " W. T. Bridges,
D.C.L., Practitioner in Law," hanging horizontally over an
other with Chinese characters setting out his qualifications, the
letters and characters being brightly gilt on a black lacquer.
This signboard naturally was made the subject of derisive
remarks in the local press and treated as a curiosity, one local
paper, in a sarcastic article dealing with the impropriety of the
step, reproducing the facsimile of the boards in its columns and
calling the attention of The Illustrated London News to it.*
Having regard to professional etiquette, a matter strongly dis-
cussed in the early days, before the amalgamation of the two
professions , it may not be inappropriate to reproduce here
the article alluded to together with the fac-simile of the sign-
boards in question :-
" Dr. Bridges's signboard in the Queen's Road is such a curiosity in its
way, that, our readers will agree with us, it is deserving more than the few
words devoted to a notice of it in our last issue.§ There are two boards-
an upper one, with large Roman letters, hanging horizontally over another
with Chinese characters. These boards are neat, if, indeed, they may not be
called gaudy- the letters and characters being brightly gilt on a black lae-
quer. We may be wrong in saying the ground is black - it may be green,
but it is very dark green , and quite illumined with the yellow hue of the
* See The Friend of China, 27th October, 1858.
+ See antè Chap. XVI . § II., pp. 371-373.
Antè Chap. XXII., pp. 480-494.
See The Friend of China, 23rd October, 1858.
DR. BRIDGES'S SIGNBOARDS . 551
gold. The horizontal board is about a foot and a half long by one deep or Chap. XXIV.
broad - solidly constructed . The perpendicularly hung board is upwards of 1858.
three feet long, and, say, a foot wide. These are the inscriptions :-
W. T. BRIDGES.
D. C. L.,
PRACTITIONER IN LAW.
Eng
狀 Chong 英
Sze Kwok
師
Keun
MÉ Chun
權 進
理Lhe + Tsze
T
各Kok 未 Me
Gna Sze
士
大Tai 必 Be
小Sin 列L.e
Oan Jhe
者
Ching +Sze
情 士
For the information of ignorami, we have furnished , with the characters,
the pronunciation in the local dialect . The literal rendering of these charac-
ters is very curious. Eng is the term for England or English. As a rule it
is written Tai-Eng -Great England. Kwok is country or nation . Chun-tsze
signifies Literary graduate of the third degree. In the opinion of the sino-
logue who furnished these characters, Chun-tsze appears to have been con-
sidered equivalent to Doctor of Civil Law-Me-sze is the nearest approach in
Chinese to the sound for Mister, for which it is intended . In this instance
the characters seem superfluous, -reading with as much propriety as would
Doctor Bridges, Esq .-Be le jhe sze approximates to Bridges - Chong- sze
is lawyer.
Only professors of the language, natives, can conceive the peculiar floweri-
ness of the four next characters. In their crudity, they stand as- Keun,
Note. - The Chinese mode of reading is from right to left, therefore the first syllable
to commence reading in the above board is that on the top of the second column Eng,'
proceeding to the bottom then reading anew from the top of the (or what would be our)
first column from ' Chong ' downwards,
552 HISTORY OF THE LAWS , ETC. , OF HONG KONG .
Chap. XXIV. power or authority- Lhe, to guard or take care- Kok, every - Gna, Court-
-
1858. Chinese, we apprehend , will understand the characters to imply " The g
duate authorized to transact business in law Courts."
Tai is great - Siu is small - Oan cases - Ching circumstances ; reada
by natives as " whatever the circumstances of cases -be they large or sm
in magnitude - clean or dirty- this literary graduate of the third degree is th
English Mister who can manage them properly ; "-or in Ethiopian minstrel's
vernacular it might be-" Dis ere Chile can put em right trew." There-
that is Dr. Bridges's signboard ; and if The Illustrated London News' artist
does not send home a special picture of it, the English public will not be
treated with the attention they deserve. Such an emblem, in connexion with
civil law, was never exhibited in any British city before, and we have much
pleasure in embalming the memory of it. For the information of the curious,
and as an exhibition of our public spirit, we have to state that we engaged
a teacher for the special business of furnishing the very perfect translation
here given. "
Professional ' Clean or dirty,' in reference to Dr. Bridges, who took no
etiquette.
notice of this press attack, may have been considered sufficiently
Mr. Anstey significant, but, as was to be expected , the signboards were looked
and Dr.
Bridges upon as an advertizement and in that light adversely commented
in Court upon, nor did it, of course, escape Mr. Anstey's acute eye or
again.
sense of humour. Being so strong upon professional etiquette,
'Legal
practitioners he naturally took advantage of it to make an attack upon Dr.
who swing Bridges when the latter again appeared in Court on the 2nd
Chinese
signboards November in the Robinet bankruptcy case before mentioned . *
upon the
public road.' On the case being resumed on that day, Mr. Anstey asked for
the production of a certain letter which was in Dr. Bridges'
possession, when the following conversation took place :-
The Court (to Dr. Bridges) -You will get that letter.
Dr. Bridges- Let him wait. When I go to my chambers, I'll get it and
then produce it.
Mr. Anstey-Yes, when the Court has risen. I say this is not the prac-
tice of the Courts in England !
Then, alluding to the famous signboard , Mr. Anstey exclaim-
ed :-
66
But what can be expected from people calling themselves legal practi-
tioners who swing Chinese signboards upon the public road ? This is not
the practice of the bar at Home ! "
But the scene was not to end here - neither the Chief Justice
nor Dr. Bridges, of course, had paid the slightest attention to
Mr. Anstey's remarks regarding the signboards. Mr. Anstey
proceeded to challenge the truth of the insolvent's schedule and
questioned him as to his having falsely represented himself as
being the subject of various nations, when the insolvent retorted-
" That is a lie, Sir. "
After a pause —
Mr. Anstey to the Court-" It does not move me, my Lord "- (then trying
to get the Court to interfere)—“ Your Lordship has heard the insolvent's au-
swer ?"
Antè p. 549.
MA CHOW WONG TRANSPORTED TO LABUAN. 553
The Court-" That is a very improper answer." Chap. XXIV .
bro
th And doubtless it was, but the Chief Justice evidently con- 1858.
ered he had said quite enough without paying more attention The decorous
behaviour
these questionable digressions , and, according to the report, of the
he matter proceeded without further interruption . The records Chief
Justice.
show nothing further in reference to Dr. Bridges ' signboards ,
but it is not to be presumed that he removed them, though the
supposition is, that they must have met with the scorn they
deserved, especially after their publication by the press .
However scandalous such disputes in Court as those described
between Mr. Anstey and Dr. Bridges must have been , the re-
served and decorous demeanour of the Chief Justice on the
other hand stands forth in marked contrast with the disgraceful
scenes enacted in this very Court in 1880 between Chief Justice
Smale and Mr. Gibbons, the Registrar, when the community,
apparently taking pleasure at the frequent and uncalled - for dis-
putes between these two Court officials , assembled in large num-
bers in the Court House to witness them. *
On the 5th November, a Court-martial assembled on H.M.S. Execution of
Calcutta for the trial of James Kain, Private of the Royal Ma- aofprivate
the Royal
rines, for the murder of Mr. William Sage, assistant engineer on Marines
board
of H. M. S. Hesper. He was found guilty and sentenced to H.M.S.
death. The Commander- in - Chief, Admiral Sir M. Seymour, for exper
murder.
having approved of the sentence, the execution took place on the
morning of the 10th November at half past six, when the crews
of all the ships of war in harbour were mustered and the articles
of war read to them ; after which the parties ordered on duty
embarked in the Niger, Coromandel, Haughty, and Firm, and
passed outside the shipping towards the Lyeemun , where the
Hesper was at anchor. At five minutes to eight, the crews of
the various ships manned the rigging ; and precisely at eight , on
a signal gun being fired from the Hesper, the miserable wretch
was run up to the starboard fore -yard-arm with a jerk, says
the report, that turned his body right over, so that death was
instantaneous. After hanging for half an hour, the corpse was
lowered into a boat and sent on shore . The civil authorities
had not been put into requisition in this case.
A subse-
The military authorities, however, in February , 1861 , in a quent case
similar case where a soldier murdered a comrade, handed the in which who
a soldier
prisoner over to the civil authorities for trial .† murdered
a comrade
The Governor received further instructions on the 13th No- was handed
over to the
vember to despatch sixty more ‡ Chinese convicts to Labuan, and civil
authorities.
* See Vol. II., Chap. LXXII .
† See Vol. II., Chap. XXXII.
See antè Chap. XIX., p. 440,
554 HISTORY OF THE LAWS, ETC. , OF HONGKONG.
Chap. XXIV. amongst the batch despatched early in December was Ma Chow
1858. Wong, the now famous pirate- informer, so often before alluded to.
Ma Chow How much Mr. Caldwell , " who had been for years the steady sup-
Wong
and other porter of Ma Chow Wong,'" must have grieved over this
convicts
deportation, those who have now been made familiar with the
despatched 6
to Labuan. disclosures in the Caldwell Inquiry, ' t and of Mr. Caldwell's
Mr. Cald- exertions to obtain his release after his conviction in September,
well's grief. 1857, may well imagine. Sir Hercules Robinson , the Governor ,
Ma Chow
Wong in in alluding to this notorious offender in a despatch to the Duke
Labuan.
of Newcastle, dated the 31st December, 1861 , further bears out
Conspiracy his character even after banishment in the following passage :-
to murder.
His sentence
increased. " Since Ma Chow Wong's removal to Labuan, to which Colony he was
sent in penal servitude , his sentence has been increased by five years, as he
was proved to have organized a conspiracy for the murder of every European
in the Settlement and the liberation of all the convicts. Fortunately, the
plot was discovered the day before that fixed for carrying it into effect by the
confession of one of the convicts who could not reconcile himself to such
indiscriminate slaughter."
The free
pardon From inquiries made by the author, it would appear that
subsequently through the good offices of Mr. J. R. Howard, Superinten-
granted him. dent of Convicts at Labuan , and of Mr. Pope Hennessy, when
Governor of that Colony, Ma Chow Wong obtained a free par-
don in 1869 , when he returned to Hongkong. On his arrival,
he was arrested by the Police and brought before the Magis-
trate, but producing his free pardon he was afterwards released .
Shortly after, Ma Chow Wong proceeded to Canton and, during
his stay there, the Chinese Colonel Tang offered him a fifth
rank mandarin button,' and an appointment in the military
service at Canton, but Ma Chow Wong declined both honours
and preferred ending his days peaceably in Hongkong under
the British flag, which had shown him so much consideration .
Again during the Franco- China hostilities in 1884-1885 , Ma
Chow Wong was offered military office by the Chinese, which he
declined . During his stay in Hongkong, Ma Chow Wong, who
was now elderly and quite reformed and, moreover, had ap-
parently lost all influence amongst his own people, led a quiet
life without having any occupation , dying, according to accounts,
in the Colony as late as in 1892 , at the age of seventy, leaving
him surviving a son named Wong Cheong with whom he had
lived, and who is still alive at this date.
* See ' Finding in Mr. May's case, ' Vol. II. , Ch. xxxv.
† Ante Chap. XXIII.
Antè Chap. XIX.. pp. 444-447.
555
CHAPTER XXV .
1858-1859 .
SECTION I.
1858 .
Mr. Tarrant prosecuted for libelling the Government. - Act 6 and 7 Viet, c. 96 .-- · A
contemptible, damnable trick.'- Mr. Anstey's previous advice to the Government. - Colo-
nel Caine as one of the advisers of the Government. -At the preliminary inquiry Mr.
Anstey appears on behalf of Mr. Tarrant.-- Mr. Day's report to the Government. -At the
trial Mr. Anstey appears against the Crown. - The anxiety of the Government. -The dis-
closures. -The relations between Dr. Bridges and Mr. Caldwell. -The defendant pleads
justification. The case for the Government. -Mr. Anstey is stopped by the Jury who
unanimously return a verdict of not guilty. - Costs against the Crown. - Payment of fees
to jurymen.—Result of case damaging to Mr. Caldwell. — Mr. Green's opinion on the
case.-Mr. Anstey's hands strengthened.- The troubles of the Government increased . Sir
John Bowring takes leave on Mr. Mercer's return . - Colonel Caine, Lieutenant-Governor,
administers the Government. -Mr. G. W. Caine in charge of Superintendency of Trade.—
Sir John Bowring leaves for Manila.- He reports Mr. Anstey for taking retainers against
the Crown. - The unofficial members of the Legislative Council protest against the ap-
pointment of Mr. Rennie, Auditor-General, to the Council. - The pork butchers and Mr.
Caldwell as prosecutor in an alleged unlawful assembly case. - The defendants, defended
by Dr. Bridges and Mr. Anstey, are discharged.- Mr. Anstey's application that Mr.
Caldwell be fined for malicious arrest. -On Mr. Anstey leaving the Court, Mr. Caldwell
takes the Bench as a Justice of the Peace.-Action for damages against Mr. Caldwell.-—
Application for rule nisi to quash the action dismissed. -The result. - Prosecution and trial
of Mr. Wilson, editor of The China Mail, for libelling Mr. Anstey. -The facts. - Verdict
for the Crown. - The sentence and apology.- Colonel Haythorne, member of the Executive
Council. ―Murrow r. Sir John Bowring. Action for assault and false imprisonment. —Mr.
Anstey, counsel for plaintiff.-The plaintiff's case. -Acting Attorney-General submits no
case to go to Jury. - Verdict for the defendant. New trial refused.- Mr. Anstey's deter-
mination to work the destruction of Sir John Bowring's corrupt and wicked administra-
tion . The year 1858 a memorable one in the dark pages of Hongkong's history.—A sus-
pended Attorney-General seeking the punishment of the Governor. -Prosecution of deadly
feuds between officials and others.
SECTION II .
1859 .
Mr. Davies, Chief Magistrate, moves in Legislative Council for production of correspon-
dence relative to Opium Farm privilege and Dr. Bridges. - Protest of Mr. Davies against
the refusal of Government. - Secretary of State's refusal to confirm two Ordinances without
alteration.- Ordinance No 8 of 1858.-Ordinance No. 1 of 1859. - Ordinance No. 10 of 1858.
-Ordinance No. 2 of 1859.- Statement of the Governor on the instructions to the Attorney-
General "to keep pace with the progress of the times " relative to the introduction of Acts
of Parliament.-Ordinance No. 5 of 1858. - Sir John Bowring asks the Council to repeal
the Ordinance in accordance with instructions from Secretary of State. - Ordinance No.
13 of 1858. - Imperial enactments inapplicable to the circumstances of the Colony. -The
Governor as to the steps he had taken.—The acting Attorney-General's suggestion that the
matter stand over until the Attorney-Generalship be permanently filled. - The Chief
Justice's approval of the course suggested and the superfluous piece of legislation .'- The
Governor as to such subjects being left to the law officers. - Mr. Davies, Chief Magistrate,
and the ' unmerited slur ' cast upon Mr. Anstey.-The Governor's reply.-Mr. Davies' de-
fence on behalf of an absent member.'--Comments upon Mr. Davies' action. - His
anxicty to defend his friend, Mr. Anstey. - Departure of Mr. Anstey for England.— Ordi-
nance No. 5 of 1858, when repealed. - Ordinance No. 5 of 1860.-The distinct legislative
measures.'-Ordinance No. 5 of 1860. - Ordinance No. 7 of 1860. - Ordinance, No. 5 of
1858. -Ordinance No. 13 of 1858.- Ordinance No. 6 of 1859.
556 HISTORY OF THE LAWS, ETC. , OF HONGKONG .
Ch. XXV § I. THE charge, before alluded to, against Mr. Tarrant, the editor
1858. of The Friend of China, for commenting unfavourably upon the
Mr. Tarrant decision of the Caldwell Inquiry Commission * now came on for
prosecuted Mr. Tarrant was indicted criminally on the 18th
For libelling hearing.
the Govern November for having, in his issue of the 28th July, published
ment.
a libel against the Government in connexion with the above
Act 6 and 7 matter, under the Act 6 and 7 Vict. c. 96 (entitled " An Act
Vict. c. 96.
to amend the Law respecting Defamatory Words and Libel ) ,
by stating that " the principal charge ( meaning the charge
A contemp against the said Daniel Richard Caldwell ) broke down through
tible,
damnable a contemptible, damnable trick on the part of the Government. "
trick.'
Mr. Anstey's Before entering into the facts of this case it is necessary to
previous state that on the 2nd August, before his suspension from office,
advice to the
Government. Mr. Anstey had been consulted by the Government upon the
article which had appeared in the paper in question, and
while holding that it was libellous ' and " that the true course
of proceeding, Sir John Bowring not being personally named ,
would be for Dr. Bridges ( acting Colonial Secretary ) to swear
an information on oath at the Police Court," he took care, how-
ever, to add in the most emphatic manner " that in the face of
Dr. Bridges' evidence before the Caldwell Inquiry Commission,
he could not advise His Excellency to commence any proceed-
ings whatever in this case, being quite certain that any jury
would return a verdict against the Crown upon such evidence being
laid before them by the defendant. " Notwithstanding this advice,
Sir John Bowring, ' better advised ' apparently, determined to
proceed against Mr. Tarrant.
At the At the preliminary inquiry Mr. Anstey, now under suspen-
preliminary
inquiry Mr. sion , appeared for the defendant. The Government could hard-
Anstey ly believe its own eyes, and set moving about to find out the
appears true facts of the case. Mr. Cooper Turner, the Crown Solicitor,
on behalf
of Mr. was put in motion to make inquiries and the Executive found
Tarrant.
itself, as the Americans would say, in a fix. Mr. Day, the late
acting Attorney- General, was sent to the Police Court to find
out the real position of things, and there, true enough, to his
amazement, he found Mr. Anstey in the full discharge of his
duty as advocate for Mr. Tarrant. The next day he wrote to the
Government communicating the fact to the Executive . How
far Mr. Day was correct in his facts in the letter hereinafter
reproduced, as to the part taken by Mr. Anstey in the institu-
tion of the prosecution before his suspension, the reader may
well judge for himself, from Mr. Anstey's written opinion given
above, not losing sight, however, of the fact, that quite apart from
Dr. Bridges who had been a moving, if not the moving, spirit
* See ante Chap. XX111., p. 511 , and references there given.
COLONEL CAINE'S ABSTENTION FROM COMMITTEES . 557
in the matter, Mr. Day, who was a friend of Dr. Bridges, now Ch. XXV § I.
betrayed his own anxiety as to the ultimate result of this rash 185 .
proceeding, the consequences of which would undoubtedly re-
flect upon the Government of the Colony.
Nor was Colonel Caine to be left out of this matter, as one of Colonel
Caine as
the advisers of the Government. He had, so far, cautiously kept one of the
aloof from Mr. Anstey as far as he could, avoiding sitting on any advisers
of the
Committee except where compelled to do so , as on the occasion Government.
of Mr. Anstey's suspension by the Executive Council , when he
had been specially requisitioned by the Governor. * Carrying
therefore into execution his determination not to sit upon any
Committee to avoid disturbing the ashes of the dead ' probably,
having regard to his own conduct, if not sad past experience, in
reference to the respected Chief Justice Hulme and Sir John
Davist and the repeated and constant attacks upon himself by
Mr. Tarrant in relation to his compradore, Colonel Caine, it
will be recollected , left the Legislative Council when the im-
portant question respecting the amalgamation of the legal pro-
fession was being seriously discussed and a Committee was
about to be formed , on the plea of indisposition.§ Again, when
the Committee of Inquiry into the Bridges opium monopoly
question was about to be formed he stated his unwillingness to
form part of the Committee, || " because," according to Sir John
Bowring, " he entertained a strong feeling of friendship for
him , " and his relations with Mr. Caldwell were none the less
cordial , inasmuch as the latter was a protégé of his and had been
introduced into the service by him ;** he accordingly for the
same reasons as before avoided having anything to do with the
Caldwell Inquiry Commission, although his abstention did not ,
however indiscreetly, escape Mr. Anstey's criticism at the
time. ***
With regard to Mr. Tarrant and Colonel Caine and his com-
pradore, alluded to above, it may be mentioned that Mr. Tarrant
never ceased recurring to the subject of his old complaint in re-
gard to Colonel Caine. No new official from a Governor down-
wards ever set foot in Hongkong without being made fully
acquainted with Mr. Tarrant's past grievances, either by direct
petition to the new Governor or through his paper, The Friend
of China. These grievances Mr. Tarrant ventilated when-
* Antè Chap. XXIII., p . 531 § 77.
See ante Chap. VII., p. 141 , and Chap. VIII. § I., pp. 158, 159.
Ante Chap. VII., pp. 143 , 150 ; Chap. VIII. § 1., p. 170, and subsequent references.
Ante Chap. XXII., p. 489 .
Ante Chap. XXI., pp. 472, 473.
Ante Chap. XXIII., p. 532 § 87.
** Ante Chap. III. § II., p. 82.
*** Antè Chap. xxIII., p. 515.
558 HISTORY OF THE LAWS , ETC. , OF HONGKONG ,
Ch. XXV § I. ever occasion offered under the cognomen of Colonel Caine's
66
1858. compradore " or " compradoric methods," or " system ,” or
varied sometimes to " mandarin style of squeezing ," and it is
therefore a matter for wonderment that, in the midst of such an
entourage and knowing things as he undoubtedly did , Sir John
Bowring could have allowed himself to be influenced instead of
acting at once on his own unbiased mind .
Mr. Day's
report to the The following was the late Mr. Day's letter alluded to
Government. above :-
Attorney-General's Office,
Hongkong, 4th September, 1858 .
Sir,
Having been yesterday informed by the Crown Solicitor that Mr. Anstey
had been retained by and was about to appear at the Police Court in defence
of Mr. William Tarrant, in the prosecution against him for a libel on the
Government, I went in person, to the Magistracy, that I might be satisfied
how far the information could be relied on, and there saw Mr. Anstey in the
active discharge of his duty as advocate for the defendant.
I deem it to be my duty to bring this matter to the notice of the Execu
tive.
It will be borne in mind that Mr. Anstey, in his capacity of Attorney - Gene-
ral, was consulted on the subject of the very article in The Friend of China
in respect of which this prosecution has been instituted, and, in fact, was
instituted during his own tenure of office, and that he at once pronounced it
libellous . Further, that Mr. Anstey has been already called and examined
as a witness on the part of the defendant ; and in the course of his evidence
stated that the language of that article was in effect but a paraphrase of his
own words, previously uttered ; and lastly, that he, who, when so giving his
evidence, openly claimed and asserted himself to be still Her Majesty's
Attorney-General in this Colony, now appears in opposition to the Crown, a
the retained and paid advocate of the admitted author of the article he had
himself pronounced a libel on the Government, in the case of a prosecution
for libel, founded on that very article.
I have , etc. ,
(Signed) JOHN DAY.
The Honourable FREDERICK FORTH , Esq.,
Provisional Colonial Secretary.
As stated, the case against Mr. Tarrant came on for hearing
in the Supreme Court on the 18th November, when Mr. F. W.
Green, the acting Attorney- General, prosecuted on behalf of
At the trial the Crown, being instructed by Mr. Cooper Turner, the Crown
Mr. Anstey
appears Solicitor, while Mr. Anstey, still holding himself to be the
against Attorney- General of the Colony, although under suspension .
the Crown. appeared against the Crown without permission being granted
him for that purpose. Being the undeniably able man he was,
MR . TARRANT PROSECUTED FOR LIBELLING GOVERNMENT. 559
he now saw his chance to further expose that " wicked and ch . XXV § I.
corrupt administration, " the destruction of which he had " sworn 1858.
to work." He was instructed by Mr. H. J. Tarrant, attorney,
and a brother of the defendant.
The Government, in its anxiety, had been fidgety about the The anxiety
of the Gov-
Jury. A special Jury had been applied for and granted, and it was ernment.
not until a series of irregularities had been committed and three
lists had been drawn , that the authorities seemed satisfied . The
special Jury was composed of some of the most influential re-
sidents in the Colony, and it does not appear that the right of
challenge was exercised by either side, the following jurymen
being accordingly sworn in : --
Patrick Campbell, Esq., Manager of the Oriental Bank Corporation
(British ) ; John Costerton, Esq. , Manager of the Incorporated Mercantile
Bank of India, London, and China (British) ; N. M. Beckwith, Esq., of the
firm of Russell & Co. ( American) ; Francis Chomley, Esq., of the firm of
Dent & Co. (British) ; Francis Parker, Esq ., of the firm of Augustine Heard
& Co. (American) ; Philip Cohen, Esq., of the firm of Phillips, Moore, & Co.
(British) ; Albert Vaucher, Esq ., of the firm of Vaucher & Co. (Swiss) .
A murrain then seized nearly all the Government officials
whose evidence was required . The certificate of illness of one
of them was actually handed in by the Colonial Surgeon, Dr.
Chaldecott, the sick man ' being in Court at the time, and
hearing it read ! The Colonial Surgeon, under the circum-
stances, did not escape Mr. Anstey's critical eye and especially
in regard to the alleged illness of Sir John Bowring , who had
been subpoenaed as a witness for the defence, and who was said
to be unable to attend for some days .
There seemed also a determination to withhold official records The dis-
closures.
and other evidence on the pretext of official correspondence.
However, after preliminary objections to the information and
amendments, the case proceeded . From a report of the pro-
ceedings, from the short-hand notes taken for the Crown by
Mr. Weatherhead, the acting Deputy Registrar, a state of affairs
is disclosed as hardly credible to have been possible in a British
Colony. Quite apart from Sir John Bowring, the Governor , The relations
who seems to have been the complete tool of Dr. Bridges, the between
records disclose relations between Dr. Bridges and Mr. Cald- and Mr.
well , showing the two to have been on the most intimate terms, Caldwell.
unworthy of a man holding the important position Dr. Bridges
did in the Colony. The latter in his evidence admitted inter
alia that Mr. Caldwell had " occasionally recommended Chinese
* Seehis evidence before the Police Court in the case against Mr. Wilson, on the nominal
prosecution of the Crown, for libelling him -Mr. Anstey-infrà, p. 566, note.
560 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XXV § I. clients to him," and also that , after seeing Mr. Caldwell, he had
1858. directed Mr. Inglis, the Governor of the Gaol, not to cut off Ma
Chow Wong's tail after his conviction . * No wonder therefore
that Dr. Bridges had stood forth as Mr. Caldwell's most deter-
mined champion and supporter.†
The de-
fendant
The defendant pleaded justification .
pleads
justification.
The case for The Government called three witnesses , the ex-acting Colo-
the Govern
ment. nial Secretary, Dr. Bridges, the Assistant Chinese Secretary,
Mr. Mongan, and the Surveyor- General, Mr. Cleverly, and the
evidence condensed was as follows. First, the question turned
upon the destruction of certain papers, and the loss ofan import-
ant memorandum by Mr. May, the Superintendent of Police ,
which memorandum that functionary alleged he had given to
the acting Colonial Secretary, Dr. Bridges. The Government
therefore had by the means of these three witnesses to prove its
integrity as to these missing papers, inasmuch as the libel
alleged that their production would have implicated Mr. Cald-
well, the Registrar - General , with the notorious pirate Ma Chow
Wong, and that the loss and destruction of these papers was a
premeditated act for the purpose of screening him.
Dr. Bridges proved that Ma Chow Wong was a notorious
pirate and had been a bad character for years ; that Mr. Cald-
well's alleged intimacy with him was equally notorious ; that
Mr. Caldwell had made strong efforts to obtain the pirate's
pardon, but had been foiled by the production before the Exe-
cutive Council of certain papers found on a pirate named
Beaver, as also by the production of Mr. May's memoran-
dum taken from the papers seized in the ' hong ' of Ma Chow
Wong ; that sundry items in this memorandum did implicate
Mr. Caldwell ; that Mr. Caldwell was accordingly directed
to examine the papers themselves and compare them with
Mr. May's memorandum ; that Mr. Mongan, the Assistant
Chinese Secretary, was appointed to assist him ; that Mr. Cald-
well reported that the papers did not implicate him at all ; that
consequently he ( Dr. Bridges ) had ordered them to be burnt.
He denied all knowledge as to what had become of Mr. May's
memorandum, although he admitted it had passed through
his hands. He admitted that, notwithstanding the finding of
the Caldwell Commission, his notorious connexion with the
pirate, and all the reports of the various departments , Mr Cald-
well had not been called to account by Government because "he
had done nothing wrong to be called to account for. "
* See antè Chap. XIX., p. 447.
In reference to this open confession, the words ' from some other cause,' in para-
graph 22 of Sir John Bowring's despatch appear significant ―sec antè Chap. xx111.. p. 520.
THE ACQUITTAL OF MR. TARRANT. 561
Mr. Mongan, the Assistant Chinese Secretary, proved the Ch. XXV § I.
tampering with the papers, the motive being the removal of evi- 1858.
dences of guilt against Ma Chow Wong whose release it was
Mr. Caldwell's object to effect ; that he had applied to the
Governor as to what was to be done with the papers, and that
the Governor referred him to Dr. Bridges " who had told him
to burn them."
Mr. C. St. G. Cleverly, the Surveyor- General, spoke as to the
burnt papers , and said that, during the investigation , evidence
had been rejected which should have been taken ; that Mr. Cald-
well used to interrupt and make gestures to the witnesses depo-
sing against him, which he as chairman had stopped ; and that
Dr. Bridges had openly declared before the Commission " that
he had felt himself bound as a brother-freemason to stand by
---
Mr. Caldwell, a statement suppressed in the minutes " !
This closed the evidence for the Crown.
As Mr. Anstey was about to begin on behalf of the defendant, Mr. Anstey
is stopped
the Jury stopped him, and, after a short consultation, they inti- bythe Jury
mated to the Registrar that they had arrived at the opinion who unani-
mously
that Government had not proved its case, and therefore there return a
was no necessity to expend more time in listening to the defence,verdict of
not guilty.
-in other words , the defendant was not guilty of the misdemean- Costs against
our with which he was charged. The foreman , then addressing the Crown.
the Chief Justice, said : --
" My Lord, we have made up our minds - not guilty is our unanimous
verdict."
The following is also from the official report of the case :-
" Mr. Anstey, addressing the Jury : Gentlemen of the Jury, let me
understand you. The defendant by his plea of not guilty not only traversed
the entire information, but he also pleaded in justification of the libel, cer-
tain facts, viz ., that the Government libelled was not the Queen's lawful
Government, but the accroached and usurped ' Government of one Dr.
Bridges :-That the libellous matter was true, and that the publication there-
of was for the common good. Is the Court to understand then, that you find
for the defendant on both these issues ? - Foreman. Yes.
Mr. Anstey. My Lord , then I apply for costs on both pleas. By section
8, chapter 96, Act 6 & 7 Victoria-
If judgment shall be given for the defendant, he shall be entitled to
recover from the prosecutor the costs sustained by the said defendant by
reason of such indictment or information, and that upon a special plea of jus-
tification to such indictment or information , if the issue be found for the pro-
secutor, he shall be entitled to recover from the defendant the costs sustained
by the prosecutor by reason of such plea, such costs so to be recovered by
562 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. XXV § I. the defendant or prosecutor respectively to be taxed by the proper officer of
the Court before which the said indictment or information is tried.'
1858.
The Court- And payable by the Crown ?
Mr. Anstey Yes, my Lord . By section 3 of Ordinance 4 of 1857 , which
runs In all proceedings where costs would have been recoverable by or
from private parties, they shall be recoverable by or from the Crown.'
The Court- Then you shall have them .
Registrar (After paying them ten dollars each) , Gentlemen of the Jury,
you are discharged . "
Payment The above report discloses as may also be seen, the imme-
of fees to
jurymen. diate payment to jurymen of their fees by the losing side.
And so ended this unprecedented and disgraceful scene , which
so clearly disclosed the false step of the Government-a step so
Result
of case damaging to itself in reference to the charges against Mr. Cald-
damaging well which had led to Mr. Anstey's suspension , and for denoun-
to Mr.
Caldwell. cing which the defendant was prosecuted, but for which the
Government now stood morally convicted by the unanimous
verdict of a special jury.
Mr. Green's Writing from " Stanley Street," on the 25th November , Mr.
opinion on
the case. Green, the acting Attorney- General, submitted his report to the
Government of the conclusion of the trial of Mr. Tarrant. In
it he distinctly stated that " the imputation against Dr. Bridges
must have been regarded by the Jury as proved," and that " the
prosecution of the case should never have been commenced under
his advice "-thereby falling in with Mr. Anstey's views as ori-
ginally submitted to the Government . Mr. Green further add-
ed, in extenuation of his position that the case " commenced
while Mr. Anstey was discharging his functions as Attorney-
General, continued by Mr. Day, as his provisional locum tenens,
it had been concluded by himself under considerable disadvan-
99
tages .
With these facts before one, could Mr. Caldwell remain any
longer in the service in the honourable position of Protector of
Chinese, Registrar- General, or Justice of the Peace, after the
exposures made in this case alone, and would not the result
Mr. Anstey's now strengthen the hands of Mr. Anstey ?
hands These were ques-
strengthened. tions which the Government was now called upon to face, and
at all events it had now but weakened its hands and increased
its troubles .
The troubles
of the
Government Sir John Bowring, who had been suffering for some time
increased. past from serious illness , aggravated by domestic calamities
THE ASTONISHING ATTITUDE OF SIR JOHN BOWRING . 563
and furious local squabbles partly brought on by his own weak- Ch. XXV
― § I.
ness as an administrator, took advantage of Mr. Mercer's return 1858.
to duty on the 24th November to take short leave of absence. Sir John
Bowring
As will be recollected , Mr. Mercer had proceeded on leave takes
on Mr.leave
so long ago as on the 14th February , 1857 , and had therefore Mercer's
return.
been nearly two years away. How much he also was responsible
for the condition of affairs in the Colony, through his recom-
mendation to the Governor of his ' Oxford ' friend, Dr. Bridges ,
for the acting Colonial Secretaryship, an arrangement strongly
objected to at the time, the reader may judge for himself.
On the 27th appeared Government Notifications that the Colonel
Caine,
Lieutenant-Governor, Colonel Caine, would administer the Gov- Lieutenant-
ernment during the Governor's absence, and that all communica- Governor,
administers
tions with the Superintendency of Trade should be addressed to the Govern
Mr. George Whittingham Caine, officiating Secretary to the ment.
Plenipotentiary, " who would be left in charge of the current Mr. G. W.
Caine
business of the office " -an important step already for Colonel in charge of
Superintend
Caine's son before referred to in this work † and in regard to ency of
whom more particulars will appear hereafter. ‡ Trade.
Before his departure for Manila, however, Sir John Bowring
reported the result of the case against Mr. Tarrant to the Home
Government. Having been a staunch and blind supporter of
Dr. Bridges throughout , and as in the case of the Caldwell
Commission and its conclusions as regards Mr. Caldwell , § or of
the Justices of the Peace who had decided ex proprio motu that
Mr. Caldwell was unfit to remain in the Commission of the
Peace, naturally enough Sir John Bowring could not now
either agree with the conclusions of Mr. Green, the acting
Attorney -General, who had conducted the prosecution or less
so of the Jury, and it goes without saying that opportunity was
again taken of making Mr. Anstey the scape- goat and , there-
fore, the subject of attack. This is what Sir John Bowring
wrote to the Secretary of State :-
Government Offices, Victoria,
Hongkong, 27th November, 1858.
Sir.
The case of Regina v. Tarrant has already been referred to by me in Des-
patch No. 116, of 30th August last.
I have now the honour to enclose the acting Attorney-General's report
of the trial and verdict.
I deeply regret that my exhausted state prevents my giving reasons for
not concurring in some of the conclusions at which the acting Attorney-
* Autè Chap. XVIII., p. 425.
† Autè Chap. XX. § II. , p. 467, and reference there given.
See Vol. 11., Chap . LIX,
See paragraphs 40 and 65 of Sir John Bowring's despatch, antè Chap. XXI . , pp.
523, 529.
Antè Chap. XXIII., p. 502, and paragraph 75 of his despatch, id., p. 531.
564 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch . XXV § I. General has arrived . I think the jury's decision a very extraordinary one,
and was much surprised at the enormous mass of irrelevant and vituperative
1858.
matter which Mr. Anstey was permitted unchecked to introduce ; but as I
desired a short-hand writer to be employed to take notes of the proceedings,
those notes will be forwarded to you by the next mail.
I have, etc.,
(Signed) JOHN BOWRING.
To
The Right Honourable Sir EDWARD B. LYTTON, Bart., M.P.
Sir John
Sir John Bowring took his departure for Manila in H.M.S.
Bowring
leaves Magicienne on the 29th November, visiting various places during
for Manila.
his stay there, including Borneo, and returning to Hongkong
He reports
Mr. Anstey on the 17th January, 1859 , when he lost no time in reporting
for taking to the Secretary of State " the payment of the defendant's costs
retainers
against the in the case of the Queen v . Tarrant, " and calling Sir Edward
Crown. Lytton's attention to " the conduct of Mr. Anstey in taking
retainers against the Crown, and at the same time signing him-
self Attorney-General. ""
The unofficial At a meeting of the Legislative Council held on the 4th Decem-
members
of the ber, presided over by the Lieutenant- Governor in the absence of the
Legislative
Council Governor, all the members being present, except the Chief Jus-
protest tice, who was absent on judicial business, the unofficial members
against the protested against the addition by the Governor of the Auditor-
appointment
of Mr. General , Mr. Rennie , who had been gazetted on the 1st Novem-
Rennie,
Auditor- ber as an additional member. The grounds of their objection
General, were stated at length and contained, in short, a history of the
to the
Council. Council from its conception . Mr. Rennie's appointment, how-
ever, was afterwards confirmed, † and the result of the unofficial
members ' protest communicated to the Council at a meeting
held on the 18th May, 1859 .
The pork It was Mr. Caldwell's turn now to come prominently again
butchers
and Mr. under public notice . As prosecutor in the Police Court, on
Caldwell as
the 11th December, he charged forty-one Chinese with having
prosecutor
in an alleged assembled illegally in contravention of section 22 of Ordinance
unlawful
No. 8 of 1858. It seemed that he had been informed by the
assembly
case. tepo of the Lower Bazaar, that the pork butchers were to hold
a large meeting on the 10th December, in order to combine for
some unknown purpose ; and, all such meetings (usually held
to keep up prices ) being illegal, unless leave was granted by the
Governor, he informed the Superintendent of Police of the report
* See his remarks upon the report of the Caldwell Commission : " Of the manner in
which the Commission discharged their duties, I cannot report satisfactorily," and again
"this document , I believe, is considered by all parties (sic) most unsatisfactory...The Com
missioners have strained every point which could possibly be made to tell against Mr.
Caldwell." Antè Chap. XXIII., p. 523, § 40, and id., p. 529, § 65.
† See Chap. XXVIII., infrà.
MR. CALDWELL'S PROSECUTION OF THE PORK BUTCHERS . 565
which had been made to him, and, on consultation with that Ch. XXV § I.
officer, agreed to go with the Police to aid in discovering the rules 1858.
ofthe pork butchers' society, if such existed or was about to be
formed . Upwards of forty men were found assembled, aud
arrested, and the papers found on the premises , Mr. Caldwell
informed the Police , were the rules of the society and invitations
to the meeting .
At the Magistrate's Court the men were charged with breach
of section 22 of Ordinance No. 8 of 1858 , and with unlawful
combination. The case was remanded by Mr. Mitchell , the As-
sistant Magistrate, in order that he might forward the depositions
to the acting Attorney - General, and ascertain whether it might
be committed for trial at the Supreme Court, instead of being
dealt with summarily. A few days afterwards, Mr. Caldwell
was informed that he would require to satisfy the Magistrate
that the meeting was a public one and for purposes of combina-
tion. On the 17th December he received a note requesting his The defend
attendance at the Court, and immediately went up , but only to ants,
defended by
find that the defendants had all been discharged . Dr. Bridges Dr. Bridges
appeared for four of the defendants. Mr. Anstey on behalf of and Mr.
Anstey, are
thirty-seven ; the Magistrate discharged the defendants, and a discharged.
demand ( which was not granted) was made for costs.
Mr. Anstey applied to have Mr. Caldwell fined for laying a Mr. Anstey´s
false information or making a malicious arrest . The Magis- application
that Mr.
trate replied that under present circumstances such a course Caldwell
on his part would be unbecoming, and as the Supreme Court be fined for
malicious
was open to the parties wrongfully arrested , he declined . arrest.
soon as Mr. Anstey left the Court, Mr. Caldwell who, it is on Mr.
Anstey
recorded , " had been lurking about the Court, " entered and took leaving the
his seat on the Bench as a Justice of the Peace. Three days Court,
Mr. Caldwell
afterwards Mr. Caldwell was served with two writs of sum- takes the
monses from Mr. Hazeland as solicitor for two of the Chinamen, Bench
Justiceas a
claiming $ 1,000 damages from each . On an application for a of the Peace.
rule nisi to quash the action , the Chief Justice on the 7th Action for
January, 1859, dismissed the application until the plaintiff's had
damages
against.Mr.
been brought before the Court in the regular way and assured Caldwell.
of protection against Mr. Caldwell and had stated their desire Application
for rule nisi
to discontinue the action . Such an insult, as great as it
was merited , was never before cast upon a highofficer of the the action
dismissed.
Government, but from the records it does not appear that the The result.
matter was ever proceeded with, Mr. Caldwell having doubtless
in the meantime brought his influence to bear.
At the Criminal Sessions on the 18th December, Mr. Andrew Prosecution
Wilson, the editor of The China Mail, stood his trial for libelling Mr. and trial of
Mr. Wilso n,
Anstey , the Crown being nominally the prosecutor. The China alitor of
566 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XXV § 1. Mail besides being the avowed organ of the Government had
1858. always supported Dr. Bridges and his administration , * while
The China
Mail, for showing an antagonistic spirit towards Mr. Anstey. The fol-
libelling lowing are the particulars of the action which came on and ter-
Mr. Anstey. minated in a manner no less startling. The case of the Crown
The facts.
v . Tarrant was called on, as the reader will remember, on Thurs-
day, the 18th November. It could not be proceeded with in
consequence of the absence upon the alleged plea of sickness of
several Government officers ( one of whom was the Governor )
whose testimony was essential to the defence . Mr. Anstey, the
counsel for the defendant, scoffed jocosely at these alleged pleas
of sickness, and, after some little fencing, the Chief Justice
appointed the following Monday for the trial. These prelimi-
nary proceedings happened upon the publishing day of The
China Mail, and either that evening or the following morning
a leading article appeared on the subject, of which the following
is an extract :
"One of the wretched falsehoods employed to cheat public opinion in this
case was used by Mr. Anstey in Court to-day, and was, as stated in defendant's
newspaper, that Sir John was able to go to Aberdeen " on Saturday "-the
fact being that he did go on a Saturday, two or three weeks ago before he was
taken ill, but not on Saturday last."
In addition to this the same article contained such expressions
as the following :-
" For purposes of revenge it is easy to rake up official or other quarrels,
but care should be taken not to allow such to obscure other questions."
Again---
" Who has brought to bear all the low cunning of a steward's pantry, †
and the ingenuity of an ex- Irish Member of Parliament."
* The following was Mr. Anstey's reply to an irrelevant question put to him at the
Magistrate's Court by the defendant, Mr. Wilson , as to his authority for having stated that
The China Mail was a tool of Dr. Bridges and his administration :-
"Because I always noticed when I have been the object of attack, it has been for the
purpose of giving Dr. Bridges personally, politically, and socially the benefit of it. I
verily believe that whenever it suited the views of these parties that characters should be
libelled , the defendant was the person employed , except in cases where the officers of the
Government themselves, from the highest downwards, had their part in the scandalous
work. I found this belief, not only on the fact that the defendant, uncontradicted from
the moment of his arrival, boasted in his paper that he was their organ, and enjoyed
exclusive information, thanks to his connexion with them ;-not only in the intrinsic
evidence contained in the articles themselves of disgraceful violation of official confidence,
and even the secrets of the Executive Council, either by members or by persons in their
employ, not only because The China Mail has enjoyed exclusive information withheld
from or denied to other papers ; not only because Dr. Bridges on oath in the Supreme
Court declined to deny his belief that Sir John Bowring was himself the author ofsome
ofthe articles in the late case of the Queen against Tarrant, but chiefly because it was a
wicked and corrupt administration, whose destruction I had sworn to work. That is my
answer. Sir."
The word " steward " was an epithet of opprobrium which the editor of The China
Mail was in the habit of attaching to the editor of The Friend of China, Mr. Tarrant,
who was the defendant in the case referred to. Mr. Tarrant was at sea when a boy*-the
steward dying and he, being the handiest lad on board, had to do steward's duty-hence
the epithet. The ex- Irish Member of Parliament, of course, referred to Mr. Anstey as
ex-member for Youghal.
See ante Chap. 1. § 11., p. 74.
MR. WILSON CHARGED WITH LIBELLING MR . ANSTEY. 567
These remarks emanated from The China Mail, the Govern- ch. XXV § I.
ment organ, and were made upon the preliminary proceedings 1858.
in a case in which the Crown was the prosecutor, and which
ultimately failed without the defence being entered upon, and
the sentences quoted above formed the gist of the libel which
came to trial on the 18th December . Mr. Anstey applied to
the Judge in the first instance for a writ of attachment, in order
that the editor of The China Mail might be publicly reprimanded .
The Chief Justice, however, refused , on the grounds of the
matter being too serious for any punishment which he had the
power to inflict under such circumstances. The matter conse-
quently fell into the hands of the Crown Solicitor , who issued a
summons from the Magistrate's Court, where the editor was
committed to take his trial, as above stated, at the Criminal
Sessions. There he did not attempt to plead justification , but
put in the plea of not guilty. A special jury was summoned
at the instance of the defendant . The acting Attorney - General,
Mr. F. W. Green , prosecuted , and Mr. Kingsmill , defended .
According to the records of the time, in opening the case, Mr.
Green stated that ---
" The libel was both false and malicious towards Mr. Anstey false , inas-
much as a lie had been put into that gentleman's mouth, which he had never
either uttered or made use of- malicious , in having stated that Mr. Anstey's
object was to breed strife and feed revenge and not to serve his client ; be-
sides which the animus shown was most palpable both in the paper which
contained the libel and in subsequent publications. That the libellous article
pressed with peculiar force upon Mr. Anstey, inasmuch as the editor of The
China Mail boasted that his journal was read by Her Majesty's Ministers, the
remarks in which could not in such case but prejudice Mr. Anstey in their
eyes, in his present peculiar and painful position. The libel charged Mr.
Austey with falsehood, and low cunning to defeat the ends of justice - further
with having for his sole object the gratification of spite and revenge . The
learned gentleman maintained that no barrister could pursue his vocations if
he were not protected from such aspersions as these. But there was still
another consideration which compelled him to press for punishment—that was
the libel was peculiarly adapted to defeat or divert the ends of justice -it
prejudged a case in its preliminary stage upon false grounds, and malicious
reasoning, and it tended to prejudice the public and the jury in a marked
manner and for a specific end and purpose."
After evidence had been taken contradictory of the allegations
contained in the sentences quoted above, the matter of this libel ,
showing that Mr. Anstey had been subjected to much annoy-
ance and injury by the attacks of the paper in question, which
on one occasion had referred to Mr. Anstey as a civilized savage, --
" Mr. Kingsmill, the defendant's counsel, pointed out that the libel did not
imply the coining of a falsehood on the part of Mr. Anstey, but the making
use of a falsehood which had been printed in The Friend of China. He did
not, however, lay much stress upon this defence, but he submitted that the
words bore that interpretation and he threw his client on the mercy of the
Court."
568 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XXV § I. The Chief Justice said that he had no hesitation in giving his
1858. opinion that the libel charged Mr. Anstey with a wretched false-
Verdict hood, but he would take the opinion of the Jury, who instantly
for the
Crown. and unanimously coincided with the Court.
Mr. Kingsmill then addressed the Court, and said his client
would place himself in its mercy. He was desirous of express-
ing his regret at having published, unknowingly and unwit-
tingly, the libel in question . His client had been willing to
retract and apologize, but had been prevented by the conduct of
the prosecution.
The sentence The Court- " Very well, then , let a verdict be taken for the
and apology. Crown , and let the defendant enter his own recognizance in
£ 1,000 to appear and receive the judgment of this Court when
called upon. In the meantime let the defendant make and
print an apology, which ought to be an ample one ; " " and, "
said His Lordship, " I would suggest to the Gentlemen of the
Press, that, if they make mistakes , they should lose no oppor-
tunity of correcting them ; and when they are wrong, set them-
selves right again at once.
Colonel On the 24th December. Colonel Haythorne, Commandant of
Haythorne,
member the Garrison, was gazetted a member of the Executive Council
of the 66
on all occasions when Major- General Sir Charles Van Stran-
Executive
Council. benzee was absent from the island."
Murrow The action for assault and false imprisonment instituted by
r. Sir John
Bowring. Mr. Murrow against the Governor, Sir John Bowring, claiming
Action for $5,000 damages as before mentioned ,† came on for hearing on
assault
and false the 30th December. Mr. Anstey was counsel for the plaintiff,
imprison. and the acting Attorney-General, Mr. Green , represented the
ment.
* The apology tendered was as follows : -
"With reference to the proceedings in the Supreme Court on the 18th December,
when we were arraigned for a libel on Mr. Anstey, we have to state, that on reconsider-
ing the articles in The China Mail of the 18th and 25th November and the 2nd December,
we see that we have committed ourselves to a libel ; but we take this opportunity of say-
ing, that we had no intention of charging Mr. Anstey with either stating a falsehood or
deliberately making use of one.
Our meaning was, that a false statement had been in circulation , to the effect that
Sir John Bowring had been able to go to Aberdeen ; and that Mr. Anstey had turned this
statement to account in urging on the Court his opinion that the Governor was well
enough to attend and give evidence.
We see that we also committed ourselves in charging Mr. Anstey with this use of a
false report in supporting his client's cause ; and that not merely the first article above
mentioned is open to the charge of libel, but also that the explanation we advanced is
injurious in itself.
For the expressions contained in these articles we tender our apologies, and withdraw
whatever has given offence, as also some expressions which have appeared in our later issues
calculated to annoy. In short, on reviewing all the circumstances, we see we were in the
wrong, and gave way to a momentary indignation which there was nothing to justify.”—
(See The China Mail, January 13.)
† Antè Chap. XX. § 11., p. 471 .
MR. MURROW'S ACTION AGAINST SIR JOHN BOWRING . 569
Governor. The plaintiff, it will be remembered , had been com- Ch . XXV
- § I.
mitted to Gaol for six months and fined £ 100 , on the 19th 1858.
April last. He claimed that being neither a prisoner under Mr. Anstey,
counsel
for plaintiff.
civil or criminal process, he had by orders of the defendant been
imprisoned in the criminal gaol in the company of felons, andThe plain-
that subsequently Mr. Inglis, the Governor of the Gaol, took tiff's case.
him to his ( Mr. Inglis ' ) own room and there told him he was
getting a room ready for him in the Debtors ' Gaol, and that if
he ( plaintiff ) would put the censorship of The Daily Press under
his charge, he would keep him there entirely upon his own
responsibility upon his giving his word he would not escape ,
and that when making the promise he was not aware that the
Governor had done wrong in imprisoning him in the criminal
gaol. Plaintiff also complained of the condition of the ' cell '
in which he was imprisoned . The defence was a complete
denial of the charge. After what was termed one of Mr. Ans-
tey's best speeches ' on behalf of the plaintiff and in which he Acting
again broke out in poetry as he was sometimes wont to do,f the Attorney-
General
acting Attorney - General submitted there was no case to go to the submits
no case to
Jury. The following conversation then took place : - go to Jury.
Hulme, Chief Justice -I cannot certainly see any counexion of this case
with Sir John Bowring. It is quite clear that Mr. Inglis acted upon his
own responsibility in this matter ; I shall therefore direct the plaintiff to be
non-suited.
Mr. Anstey begged the Court would first allow him to quote authorities as
to the responsibility of the defendant, before it proceeded to such a measure.
He then quoted several cases to show the liability of the defendant for Mr.
Inglis' acts.
Mr. Green [ Acting Attorney- General] —My Lord, I have plenty of cases
to show the contrary .
Hulme, Chief Justice - Oh ! I know you have.
Mr. Anstey Then, my Lord, I cannot consent on behalf of my client to
a non-suit.
Hulme, Chief Justice- Very well, then ; I shall direct a verdict for the
defeudaut. You can then move for a new trial on the ground of misdirection ,
which I shall refuse, and then put the case in train for an appeal, if you
wish.
Verdict
The Court then directed a verdict for the defendant. for the
defendant.
Mr. Anstey applied for a new trial which was refused . New trial
refused.
Mr. Anstey may have " sworn to work the destruction of Mr. Anstey's
Sir John Bowring's corrupt and wicked administration , " but determina-
tion to work
" In every branch of the Executive over which Sir John exercised authority." said the destruc
Mr. Anstey, " had the glorious constitution of England been scandalized and disregarded. tion of
Sir John Bowring might use the words which Shakespeare put into the mouth of one of Sir John
his characters :- Bowring's
Faith I have been a truant in the law ; corrupt and
And never yet could frame my will to it ; wicked
And, therefore, frame the law unto my will." administra-
To obtain redress from that will so framed, all avenues were closed save one- that tion.'
was the verdict of a jury...."
See antè Chap. XXIV., p. 550,
570 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch . XXV § 1. he cannot be said to have been successful in his determination
1858. to prosecute this action to the bitter end ; and thus terminated
The year another of those scandalous matters which will for all ages
1858 a
memorable mark out the year 1858 as a memorable one in the dark pages
one in the
dark pages of Hongkong's history, with the astonishing coincidence of a
of Hong- suspended Attorney-General seeking the punishment of the
kong's
history. Governor of the Colony upon a matter wherein his own judg
A suspended ment must have told him he was quite wrong both as to law
Attorney- and facts .
General
seeking the
punishment The whole of the year was marked by the prosecution
of the
Governor. of deadly feuds between officials and others to the detri-
Prosecution ment of the public service and of society generally in Hongkong,
of deadly
feuds which for some considerable time had been seething like a cal-
between
officials dron from the heat of the contest between the parties headed ,
and others. respectively, by Mr. Anstey, Sir John Bowring, and his now
degraded friend , Dr. Bridges .
Ch . XXV § II.
1859. On the 4th January, 1859 , Mr. Davies, the Chief Magistrate,
Mr. Davies. moved in the Legislative Council for the production of the corres-
Chief
Magistrate, pondence relative to the opium farm privilege and Dr. Bridges.
moves in The Lieutenant- Governor, Colonel Caine, regretted he could not
Legislative
Council for accede to the request, and at a subsequent meeting , held on the
production of 20th January, Mr. Davies put in his protest against such refusal
correspon
dence of the Lieutenant - Governor and his reasons for thinking the
relative to
motion a proper one to be discussed . Sir John Bowring who
Opium Farm
privilege presided at this latter meeting, having returned to the Colony , as
and Dr.
Bridges. before stated , on the 17th January, remarked that the despatch
Protest of received from the Secretary of State was a privileged com-
Mr. Davies munication and could not be called for ; * that it contained no
against the
refusal of opinion favourable or unfavourable to the finding of the Com-
Government. mittee upon Dr. Bridges ' conduct in relation to the opiam
farm and that it could not be produced ; but that he had no
objection to Mr. Davies' protest being entered upon the minutes.
Secretary
of State's Two Ordinances were then passed through their second read-
refusal to ing nem. con. They were simply to amend Ordinances passed
confirm two last year which the Secretary of State for the Colonies would
Ordinances
without not confirm without the alterations which these Ordinances
alteration.
involved.
Ordinance
No. 8 of One referred to deportation . The Secretary of State disap-
1858. proved of the power, which Ordinance No. 8 of 1858 gave the
Governor, of deporting Chinese to any part of the Emperor's
Dominions, and suggested that the limits of such deportation
should be restricted to the native place of the individual de-
* This was the despatch in acknowledgment of Dr. Bridges' services, referred to antè
Chap. XXIII , p. 509 .
THE SECRETARY OF STATE ON LOCAL LEGISLATION. 571
y
* Accordingl , at an adjourned meeting on the 20th ch. XXVII.
ported . *
January, the amending Ordinance ( No. 1 of 1859 ) was passed , 1859.
and its only section read as follows : - Ordinance
No. 1 of 1859.
1. That no person who shall be deported by His Excellency the Governor-
in-Council, under the twenty -eighth section of Ordinance No. 8 of 1858 ,
shall be deported to any place other than the native country of such person ,
without such person's free will and consent."
The other had reference to the Penal Servitude Ordinance, Or finance
No. 10 of
No. 10 of 1858 , which provided by section 4 that any prisoner 8.
in Gaol who, being cognisant of an escape, did not prevent it,
should be punished as an aider and abettor. This was entirely Ordinance
repealed by one of the Ordinances now brought forward , and No. 2 of 1859.
which was also passed on the 20th January, 1859 , and num- Statement of
bered 2 of 1859 . the Governor
on the
instructions
At the meeting of Council on the 4th January, the Governor to tothe
further stated that at the end of every session of the Imperial Attorney-
General
Parliament, it had been arranged that the Attorney- General of to keep
the Colony should peruse the legislative enactments of that pacepro with
gress
the
period, and selecting such as it might be desirable to adopt to of
keep pace with the progress of the times, and such as might be relative to the
introduction
adapted to the requirements of the Colony, embody the same in of Acts of
an Ordinance and submit it to the Council, and that it was in Parliament.
Ordinance
pursuance of such an arrangement that Mr. Anstey had submit- No. 5of 1858 .
ted Ordinance No. 5 of 1858.† Sir John
Bowring
asks the
Sir John Bowring now asked the Council to repeal that Ordi- Council
to repeal
nance, regarding which, as he had stated at a previous meeting the
of the Council on the 4th October, 1858 , ‡ a despatch had been nance, in
accordance
received from the Secretary of State, and which despatch, he now with instruc-
tions from
proceeded to read.§ Secretary
of State.
With regard to Ordinance No. 13 of 1858 , the remarks of Ordinance
the Secretary of State in reference to Ordinance No. 5 of 1858 No. 1858.13 of
were as appropriate and disclosed carelessness on the part of the Imperial
enactments
Hongkong Legislature in adopting Imperial enactments, per- inapplicable
fectly inapplicable to the circumstances of the Colony. to the circum-
stances of the
Colony.
After having read the despatch before alluded to, the Gov- The Gov-
ernor as to
ernor said that, upon the strength of such a very important steps he
* The clause objected to was the following : - had taken.
28 § 9. " For every offence against section 23, a sum not exceeding five dollars ; or
the offender shall, at the discretion of the Court, receive not more than thirty-six blows,
nor less than five blows, with a rattan ; and he shall also, if His Excellency in Council
shall so decide, be deported to any place in the Chinese Empire or elsewhere.”
† See antè Chap. XXIV., p . 543.
+ Id., P. 542.
§ Id., p. 545.
572 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch . XXV § II . document, it became imperative to do something ; that he had
1859. placed the matter in the hands of the late Mr. Day, with in-
structions to frame an Ordinance to meet the exigencies of the
case ; that Mr. Day's sickness and demise had delayed the matter ;
and that now it had been placed in the present acting Attorney-
General's hands with similar instructions.
The acting The acting Attorney- General, Mr. Green , said that his tenure
Attorney-
General's of office was so uncertain, and the subject involved such an ex-
suggestion tensive amount of legislation , that he did not feel justified in
that the
matter stand meddling with it ; that Ordinance No. 5 of 1858 , as it stood,
over until
the Attorney- was quite inoperative ; and that therefore he suggested it should
Generalship remain as it was until the Attorney- Generalship should fall into
be perma
nently filled. Permanent hands.
The Chief
Justice's The ChiefJustice was of the same opinion, adding that, when
coursof
approval Mr. Anstey submitted the Ordinance to the Council , he had con-
the e
suggested sidered it a superfluous piece of legislation.
and the
'superfluous
piece of The Governor said that such subjects were always left to the
legislation. law officers, for it could not be expected that the other mem-
The Governor bers could wade through the enactments of an entire session of
as to such
subjects Parliament. He thought that an Ordinance, the defects of which
being left were of such a nature as those pointed out in the despatch,
to the law
officers. should be repealed , but as no one seconded him, the acting
Attorney - General's suggestion was adopted nem. con.
Mr. Davies,
Chief The despatch was ordered to lie on the table, and the Coun-
Magistrate, cil then adjourned to the 4th February when the minutes of the
and the
merited previous meeting held as above were read , but, previously to
slur ' cast
upon Mr. their being confirmed , the Chief Magistrate, Mr. Davies, begged
Anstey. to remark that a slur had been cast upon Mr. Anstey which be
thought was unmerited . The absent gentleman had been ac-
cused of hasty legislation , and it appeared that an Ordinance
which he had framed had been sent back for reconsideration by
the Secretary of State, which Ordinance the Council at the last
meeting had decided should lie over until the post of Attorney-
General was permanently filled . The Chief Magistrate begged
to remark that this same Ordinance had actually been confirmed
by Her Majesty's Ministers, who were therefore equally to
blame with Mr. Anstey . He thought the circumstances of the
confirmation should be expressed on the minutes.
The Gov.
The Governor replied that the Secretary of State had laid a
ernor's reply complaint against the Council of hasty legislation - it was a
grave charge and had been laid before the Council without loss
See Sir Edward Lytton's despatch, antè Chap. XXIV. , p. 545.
MR. DAVIES DEFENDS MR. ANSTEY IN COUNCIL. 573
of time . He believed that the minutes merely contained a ver- Ch. XXV § II,
batim extract of the acting Attorney - General's motion . 1859.
The Chief Magistrate replied in that case he had no more to Mr. Davies'
defence on
say, but he felt sure the Governor would excuse him for appear- behalf of an
'absent
ing in the defence of an absent member. member.'
In the face of the facts hereinbefore related in reference to Comments
Ordinance No. 5 of 1858 , it seems difficult to understand the upon Mr.
Davies'
attitude of Mr. Davies in the above discussion , except his action.
evident anxiety to endeavour as far as possible to relieve his toHisdefend
anxiety
friend, Mr. Anstey, of the entire responsibility attached to the his friend,
blame conveyed by the Secretary of State in his despatch under Mr. Anstey.
consideration . Mr. Davies, it may be added , was on terms of
great friendship with Mr. Anstey, and had on more than one
occasion extended his sympathy to him in the treatment he had
received from the local authorities, whose corruption and in-
competency had been but too palpable to himself also since his
tenure of office in the Colony.
By whatever light taken, however, this was but a generous
action on the part of Mr. Davies on behalf of his energetic and
conscientious absent friend Mr. Anstey, who, imbued with good
intentions no doubt and when suspended and practically super-
seded , had never had an opportunity afforded him of explaining
matters in reference to the rejected Ordinances .
Mr. Anstey left Hongkong for England on the 30th January, Departure of
Mr. Anstey
1859 , by the P. & O. Mail Steamer Cadiz, on twelve months' for England.
leave of absence on medical certificate, which fact Sir John
Bowring duly reported to the Home authorities. His departure,
however, but transferred the question of his suspension and
the facts in reference thereto, to a different place. *
With reference to the debate in Council as to framing Ordinance
a fresh Ordinance " to meet the exigencies of the case," and No. of
18585, when
the suggestion of Mr. Green that the matter should stand over repealed.
until the Attorney- Generalship be permanently filled , it may be
mentioned that it was not until the 30th April, 1860 , that
any steps were taken, when Ordinance No. 5 of 1860 was Ordinance
passed, repealing Ordinance No. 5 of 1858, in toto. Con- No. 5 of
1860.
sidering the discussion that ensued upon the latter Ordinance, it
may not be inappropriate to reproduce here Ordinance No. 5 of
1860 , which in its preamble shows how it was intended here-
after to deal with the provisions of the enactment repealed : -
An Ordinance for repealing Ordinance No. 5 of 1858 .
Whereas it is expedient and necessary to provide by distinct legislative
measures for the various objects embraced by Ordinance No. 5 of 1858 ; and , in
* See Chap. XXVI. , and subsequent references.
574 HISTORY OF THE LAWS, ETC., OF HONGKONG.
Ch. XXV § II . order to establish such legislation on a proper basis, it is necessary to repeal
the said Ordinance : Be it therefore enacted and ordained by His Excellency
1859.
the Governor of Hongkong, with the advice of the Legislative Council
thereof :-
1. That Ordinance No. 5 of 1858 be, and the same is henceforth and
hereby repealed .
The distinct With but few exceptions have the Imperial Acts, which it
legislative
measures. was intended to introduce , been since incorporated with the laws
Ordinance of Hongkong, but , as will be seen later on, on the same day that
No. 5 of
1860. Ordinance No. 5 of 1860, before alluded to, was passed , the
Ordinance Legislature also passed Ordinance No. 7 of 1860 , which ex-
No. 7 of tended to the Colony the whole of the second schedule of the
1860.
Ordinance repealed Ordinance No. 5 of 1858 , * relating to certain ‘ Rules,
No. 5 of Orders , and Regulations of the Superior Courts of Law and
1858.
Equity at Westminster ' which Mr. Anstey had introduced, and
which, it will be remembered, the Chief Justice had qualified,
while the question of hasty legislation was before the Council,
as being a superfluous piece of legislation ."
Ordinance As regards Ordinance No. 13 of 1858 , it was afterwards mo-
No. 13 of
1858. dified, and on the 26th December passed the Legislature, being
Ordinance numbered Ordinance No. 6 of 1859 , and entitled " An Ordi-
No. 6 of nance for providing Hospital Accommodation on board Chinese
1859.
Passenger Ships, and for the Medical Inspection of the Pas-
sengers and Crews about to proceed to sea in such Ships."
Ante Chap. XXIV. p. 544.
575
CHAPTER XXVI .
1859 .
Mr. Anstey's brief and troubled career in Hongkong reviewed.-His incorruptible
sense of public duty. - His consciousness of rectitude and the success of his efforts . -The
Crown . Tarrant.-Caldwell r. The Pork Butchers.-Mr. Anstey's charges against Dr.
Bridges. No other man in the Colony qualified for the task which Mr. Anstey had un-
dertaken.-Thwarted by the Governor and Dr. Bridges, as partisans of Mr. Caldwell.-
Government of Sir John Bowring contrived to whitewash Mr. Caldwell. - Colonel Caine
desirous that his protégé, Mr. Caldwell, should not appear as an undesirable subject.— Mr.
Anstey leaves Hongkong in bad health.- Mr. Anstey not resting on his oars on arrival
in England. - Sir John Bowring directly responsible for condition of affairs in the Colony.
-The animosity displayed towards Mr. May. -A Chinaman again upon the Jury List.-
Anxiety of Chinese to serve upon the Jury. - Ordinance No. 18 of 1887, s. 8. -The position
of a juryman. - Ordinance No. 8 of 1895, s. 5. - Murder of a Chinese boy on board the
American ship Mastiff. Trial of the English sailors, Gibbons, Jones, and Williams. --The
facts. Sentenced to death.-The Chief Justice and the black cap.'-Sentence against
Williams commuted. -Execution of Gibbons and Jones.- The Chinese gratified . - The
enthusiasm of the Chinese mandarin at Kowloon . - The_lamentable bungling at the exe
cution. Not satisfied with the public exccution of the Englishmen, the Government seek
further advertizement to please the Chinese.'-Government Notification that under author-
ity of British law equal justice is dealt to all.-The absurdity of the notification --Order
of Her Majesty-in-Council of 3rd March. 1859, repealing prohibitions on the trade of
British subjects.- Mr. Anstey and the Caldwell-Ma Chow Wong connexion in the House
of Lords and House of Commons. - Public meetings at Sheffield and Newcastle. -Petitions
to the House of Lords signed by the Mayors and inhabitants of Sheffield and Newcastle.-
Discussion in the House of Lords upon the petitions.- In the House of Commons.--
In the House of Commons Mr. Ridley asks for particulars about the Caldwell- Ma Chow
Wong connexion ; the case against Mr. Tarrant and destruction of papers by order of Dr.
Bridges. Sir Edward Lytton's reply and interesting speech. -Proposal to refer papers to
legal adviser. Mr. Anstey's suspension confirmed. The Times upon the position in
Hongkong. - The allusion to Sir John Bowring and Dr. Bridges.- A man of tact and
firmness to settle the matter ' suggested. - Sir Edward Lytton's despatch dismissing Mr.
Anstey. - The Secretary of State takes no notice of accusations against a public officer in
a Colony unless they come before him through the Governor .'-' The Attorney-General
is an officer whose especial function is to render counsel and assistance to the local Gov-
ernment. -The unfortunate condition of the public service in Hongkong to be inquired
into by the new Governor. - The despatch. -A plain recall of Sir John Bowring. - Depar-
ture of Admiral Sir M. Seymour. -The community present him with an address and a
piece of plate of the value of 2,000 guineas. -Admiral Seymour records his sense of Mr.
Caldwell's services.--Admiral Hope succeeds Admiral Seymour. - Return of Mr. Pollard
as a barrister. - Temporary removal of the Magistracy to Pedder's Hill.-Hongkong affairs
again before Parliament. - Motion of Mr. Edwin James for production of papers. - Letter
from the Earl of Carnarvon to Mr. Anstey expressing sincere regret ' at the confirmation
of his suspension. - The Morning Herald on Sir John Bowring and the discreditable state
of affairs. ' An empty-headed, malevolent, lying, political quack like old Bowring.'-Mr.
Anstey's successor as Attorney-General, Mr. Adams, connected with The Morning Herald.
-Arrival of Mr. H. C. ('aldwell, a brother of Mr. D. R. Caldwell, from London. - Previ-
ously Registrar of the Recorder's Court at Singapore and a fugitive defaulter. -A backed
criminal warrant in the hands of the Superintendent of Police.- He is allowed to depart
for Macao. - Mr. Anstey's report to the Secretary of State. - Mr. H. C. Caldwell after-
wards as an attorney of the Supreme Court of Hongkong.--Mr. Anstey's pamphlet · Civil
Government at Hongkong.'- He proceeds to India and joins the local bar.-Mr. Anstey's
return to England on Mr. Caldwell's dismissal in 1861.
Chap. XXVI.
THE departure of Mr. Anstey closed his brief and troubled Mr. Anstey's
career in the Colony where he contrived to keep up the charac- brief and
troubled
ter he had won at Home, and now that his back was turned , there career in
Hongkong
was no disposition to abuse him. On the contrary, with few reviewed.
576 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap . XXVI. exceptions , the community outside the official pale were inclined
1859. to overlook his faults and to feel sorry for the treatment he had
received , particularly when the talent, deep research , and pains no
matter how trivial the case, of the professional man , came to be
considered, although there was no denying that he was violent and
impetuous and occasionally out - stepped the bounds of propriety .
Time and health were quite secondary considerations to him or
His incor- to the interests of his clients . No one could think of this or his
ruptible
sense of incorruptible sense of public duty, his implacable animosity
public duty. towards the officers of Government whom he believed to be dis-
honest, and not respect him. He laboured under the delusion ,
however, that if he brought home iniquity to his oppressors , he
His conscious
ness of at least would enjoy the smiles of the public in support of his
rectitude consciousness of rectitude, and the success of his efforts might
and the
success have been tested by the cases of the Crown v. Tarrant* and Cald-
of his efforts . Well v . The Pork Butchers . And again his straightforward
The Crown courage and indomitable pluck were certainly the leading fea-
r. Tarrant.
tures of his character- for instance, the complaint which he con-
Caldwell
r. The Pork trived to bring against Dr. Bridges before the Opium Farm
Butchers . Commission . No one had heard of it before, and without him ,
Mr. Anstey's probably Dr. Bridges might have gone on unscathed.§ Then
charges
against Dr. again in charging the same individual before the Caldwell
Bridges.
Inquiry Commission . The accusation was brought before the
face of the accused , without ever having been hinted at before .
The labour and worry which the Caldwell Inquiry alone must
No other
man in the have cost him must have been enormous -in fact, there was not
Colony another man in the Colony whose capacity for work , whose ability
qualified
the task for for instituting or being responsible for similar proceedings, and
which Mr. determination to carry them through, were at all equal to the
Anstey had
undertaken . task. Yet at every turn and corner he was thwarted by the
Thwarted Governor himself and by the acting Colonial Secretary, Dr. Brid-
by the ges, who actually made themselves partisans of Mr. Caldwell,
Governor
and Dr. and to what lengths both the latter and Dr. Bridges would have
Bridges, as
partisans gone, had it not been for Mr. Anstey, it is difficult to say.
of Mr. Undoubtedly if the advisers of Sir John Bowring did not
Caldwell.
actually connive at Mr. Caldwell's escape from the charges
Government
of Sir John brought against him, at all events they contrived to whitewash
Bowring him on account of his past services to the Navy in putting down
contrived to
whitewash piracy as well as of what was considered the desirability of keep-
Mr. Caldwell. ing him in the service on account of his knowledge of Chinese. T
Qualified Chinese interpreters, as has been seen, were not to be
* Ante Chap. XXV. § I., p. 556.
† Id., p. 564.
Antè Chap. XXI., p. 472.
§ See further on this subject, Vol. 11., Chap. XXXIV.
On this point see antè Chap. XII. § I., p. 286, and also Chap. XXVI., infrà.
See antè Chap. XVI . § 1. , p . 361 ; Chap. XVII. § 1. , p. 408, and paragraph 20 of Sir
John Bowring's despatch, antè Chap. XXIII . p. 520.
THE LOCAL PRESS ON MR . ANSTEY'S Departure , 577
had , and, having taken him back into the service, it was not Chap. - XXVI .
thought desirable to get rid of him, and undoubtedly Major (now 1858.
Colonel) Caine , who had introduced him into the service, was not Colonel
Caine
desirous that his protégé should appear as an undesirable subject. desirous
If Government had done well and its duty, Mr. Caldwell should that his
have been dismissed then and there after the result of the Com- protégé,
Caldwell.Mr.
mission, and the community would have had less reason to think should
appear not
as an
more of those into whose hands the administration had fallen . undesirable
subject.
As it is , Mr. Anstey left Hongkong in extremely bad health, leaves
Mr. Anstey
having suffered for months , according to the certificate of Staff Hongkong
Surgeon Menzies, " from dyspepsia in an aggravated chronic form in bad health.
and from neuralgic headache of so severe a character as to have
seriously impaired his health and constitution . " The community ,
however, showed Mr. Anstey no civility before he left, and
although it was well known that he had sold his bungalow and
was houseless for some days before his departure, it is said the
only one who extended a hospitable hand to him was an Ame-
rican gentleman .
A local paper, whilst commenting upon the sad facts leading Bowrin
Sir John
g
to the suspension of Mr. Anstey and of the determination of the directly
Government of the Colony to shield Mr. Caldwell's conduct responsible
for condition
from investigation, as well as to the animosity displayed towards of affairs
in the
Mr. May for his laudable conduct in supporting Mr. Anstey Colony.
in declaring in unqualified terms that Mr. Caldwell was con- The ani-
nected and associated with Ma Chow Wong, and whose suspen- mosity
displayed
sion in consequence had been actually resolved upon at the same towards
time as Mr. Anstey's was perpetrated, concludes as follows as Mr. May.
regards the career of the latter in Hongkong : -
" Regarding the victim, the Honourable T. Chisholm Anstey, we feel bound
to speak personally. That he is a very impracticable man when he is
thwarted cannot be denied . That he is excessively zealous and often erratic
even when not thwarted, we do freely admit - but that he has clean hands, a
keen sense of public duty, and a heart that bears not malice long, we do
firmly believe. With an ardent temperament, an enthusiast in his profession,
and a sort of gladiator both at the bar and at the House of Commons, he
has been brought up under a pressure of friction which makes the excitement
of opposition essential. He sees his path of duty only as it serves the in-
terests of his client, and all other considerations are sunk or thrown aside.
From that path neither fear, favour, nor reward will divert him — and on that
path he stands or falls....He is far too capable, too restless, too indefatigable
a man for a small Colony like this -but had we had a Governor who could
have restrained his impetuosity instead of rousing his indignation, he would
have been a great blessing to this Colony, and to our relations with China
too. The ultimate question of his suspension rests not with the present
Ministry, nor with the present generation. It is a great fact-the culminat-
ing point of a sad catastrophe, which history recording with detestation will
make him the antidote of. That he can be made the unwilling scape-goat
we do not believe, but even if he is, he will not be a silent one,"
578 HISTORY OF THE LAWS, ETC. , OF HONGKONG,
Chap. XXVI. How far this prognostication proved correct, events will show,
1859. and the truth of the allusion to the fact that, had there been a
different Governor, " Mr. Anstey would have been a great bless-
ing to this Colony, " explains the whole of the disreputable con-
troversies which led to the disappearance from Hongkong of this
worthy man and at a time when his presence was all but indis-
pensable . It is doubtful whether, if Mr. Anstey had been made
acting Colonial Secretary, instead of Dr. Bridges whom Sir John
Bowring had had forced on him by Mr. Mercer, and whom he
himself had denounced , the scandal which will ever attach to his
administration , through his weakness and incapacity, would have
been possible, and to that one fact alone must be attributed the
disgust perhaps which had wrought itself into Mr. Anstey's
mind to bring on eventually his own downfall. In modern
times such things would be well nigh impossible.
Mr. Anstey But Mr. Anstey was not the one to rest quietly on such laurels
not resting
on his oars as he had now won through his own exertions in the face of
on arrival in the greatest opposition , especially after the verdict of the Jury
England.
in the case of the Crown . Tarrant, and his determination and
pertinacity, characteristic of the man , on his arrival in England
to see Hongkong purged of its ' noisome scandal ' * was, as will
hereafter be seen, but the natural outcome of the treatment he
had received .
A Chinaman
again upon The name of a Chinese resident again appearing on the Jury
the Jury List. List, at a debate in Council held on the 22nd February, by a
majority of 6 to 3 , it was decided to retain the name on the list.
Anxiety of From this period , Chinamen aquainted with the English
of Chinese
to serve language have been placed on the Special and Common Jury
upon the
Lists , and the anxiety on the part of many of them to take their
Jury.
place with the rest of the community in serving upon the Jury
has been frequently manifested by the applications sent in by
Ordinance them to the Registrar of the Supreme Court when preparing
No. 18 of
1887, s. 8. the Jury List in accordance with section 8 of Ordinance No. 18
of 1887.
Antè Chap. XVII. § I., p . 405.
† See antè Chap. XX. § II., p. 465.
The following is the section : -
The Registrar shall, on or before the first day of February in each year, make a list
in alphabetical order of all persons ascertained by him to be liable to serve as jurors, set-
ting forth the name and surnames of each at full length, together with his profession,
business, or occupation, and place of abode, and shall cause a copy of such list to be posted
for the term of one fortnight at the chief entrance to the Court. And any person may
apply by notice in writing to the Registrar requiring that his name or the name of some
other person may be respectively either added to or struck off from the said list, upon cause
duly assigned in such notice ; and the Registrar, immediately after the expiration of the
time for posting such list. shall forward the same and such notices as may be so served on
him, to the Clerk of the Legislative Council..........
THREE ENGLISH SAILORS TRIED FOR MURDER. 579
In the List of Jurors for 1898 , five special jurors are China- Chap. XXVI.
-
men , while in the list of common jurors figure the comparatively 1859.
large number of twenty -three.
Generally, to be placed on the list of special jurymen is con- The position
of a ju ry
sidered to denote a position of standing, and the eagerness man.
on the part of many of the mercantile community especially,
irrespective of the Chinese , to be placed on that list is always
fully evident, and so on an inverse ratio it is considered dignified ,
if not an honour as well, on the part of the Chinese, to serve on
the jury. Not many privileges are conferred upon a juryman Ordinance
No. 8 of
except qua juryman, but under Ordinance No. 8 of 1895, sec- 1895, s. 5 .
tion 5 , a special or common juror may carry arms without a
licence.
At a special Criminal Sessions held on Wednesday, the 23rd Murder of a
February, 1859 , Robert Gibbons, Robert Jones, and Charles Wil- Chinese
on boardboy
the
liams, seamen on board the American ship Mastiff, were indicted American
for the wilful murder of a Chinese boy, a servant to the captain ship
TrialMastiff.
of the
of the ship . The prisoners were defended by Mr. Kingsmill . English
The case for the Crown was conducted by Dr. Bridges, at the sailors, Gib.
bons, Jones,
request and in consequence of the illness of the acting Attorney and Williams.
General, Mr. Green.
On the 28th December, in consequence of the deceased mak- The facts.
ing a charge against the prisoner Gibbons, the captain, to avoid
the desertion of the crew, moored his ship near Green Island .
On the last night of the year, the deceased was murdered by
means of a rope being tightly fastened round his neck and his
body thrown overboard . It was known that the captain had a
large sum of money on board which was kept in a secret
drawer in the captain's library, but no one knew where the money
was kept except the captain himself, his wife , and the Chi-
nese boy. The motive of the murder therefore was robbery,
because, the boy once out of the way, suspicion would fall upon
him which his disappearance would but strengthen Just one
week after the murder, by an accident, the body of the murder-
ed boy appeared within a few inches of the ship , to demand, as
it were, justice against his murderers . The prisoner Gibbons
made an admission that he was present when the murder was
committed , and from the information he gave, ninety- six of the
stolen sovereigns were afterwards recovered, as well as a gold
chain which was found in a belt he was wearing at the time and
which furnished clear proof also as against the prisoner Jones,
as the belt belonged to him. Williams denied that he was even
a spectator of the crime or that he had had any hand in it. Sentenced
to death.
The Jury, after consulting about fifteen minutes, returned a
580 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap . XXVI . verdict of guilty against the three prisoners . The Chief Justice,
1859. as was customary with him in such cases, retired and returned
The Chief into Court wearing the Black Cap, and sentenced the prisoners
Justice
and the to death, holding out no hope of mercy.
black cap.'
Sentence On the 2nd March the sentence against Williams was com
against
Williams muted to penal servitude for life , and that against Gibbons and
commuted.
Jones was carried out at half-past six on Monday morning, the
Execution
of Gibbons 7th March, over the eastern wall of the Gaol . Upwards of two
and Jones. thousand persons , principally Chinese , were present. It is said
The Chinese that the Chinese " were very much gratified at the fact that so
gratified .
strict justice was dealt out, and the murder of a Chinaman was
The enthu The military mandarin
siasm of the visited with so severe punishment. "
Chinese formerly stationed at Kowloon , who was about to proceed on
mandarin the Yang-tsze, expressed
at Kowloon. active service against the rebels on
himself on the subject with so much enthusiasm that it seemed
he had formed something like a correct idea of the justice of
English Courts.
The lament-
able bun- There was some criticism on the bungling manner in which
gling at the Gibbons was despatched , and the painful exit of the poor man
execution.
was described as lamentable. Not satisfied with the public
Not satisfied
with the execution of these two unfortunate Englishmen, which in itself
public was quite sufficient as the law had been fully vindicated, the
execution
of the Government now, as had been done in the case of the unfortu-
Englishmen, nate Ingwood , hanged together with the Chinaman Chun Afoon
the Govern-
ment seek in July, 1845 , † sought further advertizement, if not gratifica-
further
advertize- tion, by issuing the following notification on the day after the
ment to execution, with the view evidently of further ' pleasing the Chi-
please the nese' ::-
Chinese.'
Government GOVERNMENT NOTIFICATION.
Notification
that under His Excellency the Governor has caused the issue of the subjoined pro-
authority
British lawof clamation to the Chinese population of Hongkong, on the occasion of the
equal justice recent execution of two British subjects for the wilful murder of a Chinese
is dealt to all. boy on board a vessel in this harbour.
In adopting this measure, His Excellency is influenced by the desire to
make known to the Chinese inhabitants in and beyond the Colony that, by
Her Most Gracious Majesty's Government and under the authority of British
law, equal justice is dealt to all persons without regard to nation, to blood, or
to any accidental circumstances whatsoever.
By Order,
W. T. MERCER,
Colonial Secretary .
Colonial Secretary's Office,
Victoria, Hongkong, 8th March, 1859.
•
* Upon the subject of the Black Cap ' and Chief Justice Hulme, see antè Chap.
XVIII., p. 430.
+ See Chap. 111. § II., antè p. 85.
HONGKONG AFFAIRS BEFORE BOTH HOUSES OF PARLIAMENT. 581
What effect such a notice as this could have had upon a peo- Chap. XXVI.
ple like the Chinese , it is hard to conceive, making the positive 1839.
The absur-
absurdity of it, to say the least, all the more apparent . dity of the
notification .
An Order of Her Majesty- in- Council , dated the 3rd March, Order of Her
Majesty-in-
1859 , repealing prohibitions on the trade of British subjects an
with China, imposed by the Orders -in- Council of the 24th 3rd March,
1859,
February, 1843 , and 13th June, 1853 , was duly published on repealing
the 9th July, 1859 . prohibitions
on the trade
of British
The annihilation of the Caldwell and Ma Chow Wong con- subjects.
Mr. Anstey
nexion, achieved by Mr. Anstey and consummated by his sus- and the
pension, had now arrived on the tapis of the House of Lords Caldwell-
Ma
and House of Commons to serve as oil poured on the flames. Wa WongChow
In February public meetings were held at Sheffield and at New- connexion
in the House
castle " relative to the conduct of Mr. Caldwell and the doings of Lords and
generally of the Government of Hongkong," and the resolutions House of
Commons.
embodied in petitions signed by the Mayors and inhabitants, Public
which were afterwards laid before the House of Lords . meetings at
Sheffield and
Lord Cranworth , in presenting the Sheffield petition , (which Newcastle.
asked that certain members of the Hongkong Government be Petitions
to the House
punished for wickedness and corruption ) , said : -" I entirelyof Lords
signed by
concur in that prayer." the Mayors
and inhabit-
Earl Grey told the Earl of Carnarvon that even though one ants of
day of Sir John Bowring's time was unexpired he should be Sheffield
Newcastle. and
recalled for the sake of example. Discussion
in the House
Lord Lyndhurst said that, after the most minute inquiry, he of Lords
upon the
pledged himself to the course suggested by Earl Grey. petitions.
In the House of Commons , Sir James Graham, Mr. Gladstone , In the House
and other leading members of the House, also spoke in favour of Commons.
of some such step as had been suggested by Lord Grey, and
adopted the resolutions come to by the House of Lords .
On a subsequent day Hongkong affairs, including the case of In Commons
the House
of
the Crown against Mr. Tarrant, and the destruction of papers, Mr. Ridley
by order of Dr. Bridges, which implicated Mr. Caldwell with asks for
particulars
Ma Chow Wong, again came up for discussion in the House of about the
Commons, when will be seen the view which the Colonial Office Caldwell-
Ma Chow
had already taken of the scandalous state of affairs prevalent Wong
in the Colony. The discovery by Sir Edward Lytton , the connexion
the case ;
Secretary of State, from a perusal of the papers of " hatred , against Mr.
Tarrant and
malice, and all uncharitableness in every possible variety of destruction
aspect , and consequently what might be considered a description of papers
of official life in the Colony, " was about the best picture that by Bridgof
Dr. order es.
could have been drawn upon the subject at so early a stage of
58 :2 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XXVI . the discussion . The following debate of the proceedings in the
1859. House of Commons is taken from the Home papers of the period,
Sir Edward and Sir Edward Lytton's amusing speech in reply to Mr.
Lytton's
reply and Ridley will no doubt be read with more than ordinary interest
interesting even at this period , the confirmation of Mr. Anstey's suspension
speech.
Proposal being now, moreover, a foregone conclusion : --
to refer
papers to " Mr. Ridley asked the Secretary of State for the Colonies, whether Her
legal adviser. Majesty's Government had received the report of a Commission appointed to
Mr. Anstey's inquire into a charge brought against Mr. Daniel Richard Caldwell for par-
suspension
confirmed. ticipating in the profits of piracy during the time he was holding an office
under the Government of Hongkong ; also a report of the trial of “ The Queen
against William Tarrant," which took place in the mouth of November last,
in the Supreme Court in Hongkong, and in which trial it was sworu that
certain papers implicating Mr. Caldwell in the above charge were destroyed
by order of Dr. Bridges, acting Colonial Secretary, at that time exercising, as
was alleged, an unlawful authority conferred by the Governor of the
Colony. If these reports had been received, what course Her Majesty's
Government had taken with reference to the transactions to which they re-
late ; and whether they would lay upon the table any papers which might
contain information on the subject.
Sir E. B. Lytton was understood to say, that the Government had received
the report of the Commission, and in order to give the House some idea of
the extent of the papers relating to the subject, he had brought them down
with him . [The Right Honourable Baronet then exhibited a large pile of pa-
pers, and considerable amusement was caused by their dispersion over the table
in consequence of the string by which they were tied together having given
way.] On the arrival of the documents they were found to contain many
points of legal evidence, and the greatest possible amount of abuse-(laughter)
--and it had been considered necessary to submit them to the strictest in-
vestigation. They proposed therefore to refer them to a legal and dispas-
sionate colonial adviser of the Crown . He discovered in them hatred , malice,
and all uncharitableness in every possible variety of aspect, and consequently
what might be considered a description of official life in the Colony. (Laugh-
ter.) With respect to the second question , whether he had received a report
of the trial of " The Queen v. Wm . Tarrant," he begged to say that he had
received from the Governor only the result of that trial, but a full report of
the trial, taken in shorthand , had been promised, and ever since the an-
nouncement of that fact a universal shudder every day pervaded the Colonial
Department. (Laughter. ) What would be the extent of that report Heaven
only knew . (Continued laughter. ) With regard to the main question, the
Commission had acquitted Mr. Caldwell of the charge of participating in the
profits of piracy. They had also acquitted him of several other grave charges,
which ought never to have been brought against him, particularly by a bro-
ther-officer, and the brother-officer who made them ought to be dismissed from
the office he now held unless he could make a satisfactory explanation .
Nevertheless, certain facts had come out in the course of the trial which showed
that, so far as regarded the interests of the Colony, Mr. Caldwell ought to be
dismissed from his office, unless he could give some satisfactory explanation,
which he had been called upon to do . On the other hand, he must say that
the mode in which Mr. Anstey had originated and conducted that inquiry,
and the breach of official confidence which occurred in the course of the trial
had led the Governor to suspend him ; and after a dispassionate consideration
of the papers, he could come to no other conclusion than that the Governor's
decision ought to be confirmed . The right honourable gentleman, having
entered into a detailed statement of the facts as they appeared in the papers,
THE TIMES ON HONGKONG GRIEVANCES , 583
said he now came to the question as to the course which Her Majesty's Gov- Chap. XXVI,
ernment intended to pursue with reference to these transactions. It was his
1859.
intention, as soon as possible, to direct a most careful examination into the
whole of the facts. The honourable gentleman wished to know whether the
Government had any objection to the production of papers. He (Sir E.
B. Lytton) shrunk from the responsibility of laying such a mass of papers
on the table. He would rather lay the table on them. ( Laughter.) He
had not the slightest personal or official objection to their production, and
if the honourable member would move for them he would have them ; but he
should look with compassionate admiration on any devoted member who
would undertake to read them. (Laughter.)"
The Times of the 15th March, in a most interesting but far up
TheonTimes
the
from complimentary article upon Hongkong generally, mention- position in
ing also the trouble that the place had already given to the Hongkong,
authorities in England , while commenting upon the discussion
in the House of Lords and in the House of Commons , dealt
fully with the state of chaos in the island, and not wrongly to The
Sirallusion
John
attributed it to the ' faults in the conduct ' of Sir John Bowring Bowring and
and the incongruous positions held by Dr. Bridges, as well asDr. Bridges,
A man of
The sug-
the imperfectly regulated energies of Mr. Anstey.' tact and
firmness to
gestion of sending out ' a man of tact and firmness to settle the
settle the
matter ' was but the precursor of the coming and necessary matter '
changes now awaiting the Colony. The article, evidently by a suggested.
' knowing hand, ' headed " Hongkong Grievances ," was as
follows :-
" It is now some months since we made passing allusion to the abnormal
and not very creditable state of our official arrangements in the little island
of Hongkong. The subject has, as we then predicted, gradually forced itself
upon the public attention ; certain keen-sighted grievance-hunters of Sheffield
have made it the ground of a public meeting and a Parliamentary petition ;
and the inhabitants of Tynemouth have shown curiosity upon the matter, and
have backed the petition of the Cutlers. The makers of sword blades and
the builders of ships feel a natural interest in elements of disturbance happen-
ing far away, and Hongkong has once again been honoured by a mention in
the Imperial Parliament. The sound of the name in our Parliamentary pro-
ceedings never bodes good to our national interests . It is always connected
with some fatal pestilence, some doubtful war, or some discreditable internal
squabble ; so much so that, in popular language, the name of this noisy, bust-
ling, quarrelsome, discontented, and insalubrious little island, may not inaptly
be used as an euphemous synonym for a place not mentionable to ears polite.
We cannot wish that the sea should take it back again to itself, because
English lives and English property would be endangered ; but, if these could
be withdrawn, we should very willingly resign any benefits which we derive
from its possession , to be relieved of the inconveniences which it forces upon
us. Lord Malmesbury in the Lords, and Sir E. Lytton in the Commons,
seem thoroughly to have sympathized with the tone in which we treated this
last difficulty when it arose. It is a troublesome, vexatious, and paltry affair,
imposing upon everybody a great deal of trouble for a totally inadequate
object, and with the promise of a most unsatisfactory result.
At the date of the last advices every official man's hand in Hongkong was
against his neighbour, and , as that important dependency of the British
Crown is distressingly complete in its official staff, the hostilities are more
difficult to remember than the intestine wars of the Seleucida or the politics
584 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XXVI. of the Italian Republic. There is a Governor, a Lieutenant-Governor, a Chief
1859. Justice, an Attorney- General, an acting Attorney-General, a Council, a
Colonial Secretary , a Registrar and Protector of Chinese, a Colonial Treasurer,
and others " too numerous to mention." The officers are all criticized , repre-
sented, or calumniated by some six newspapers, whereof we believe that at
least one has a daily issue, and no one restricts itself to a single weekly
appearance. The island, in which these agencies work and boil over, is con-
siderably less than the Isle of Wight, and the inhabited portion might all be
put into Hyde Park. When we last heard of this amiable community, the
Governor had run away, to seek health or quiet in the Philippines ; the Lien-
tenant-Governor was at issue with Mr. Tarrant, of The Friend of China, on
account of Mr. Tarrant's persistent accusation that the Lieutenant-Governor
had , at some remote period , encouraged or protected his servant in " squeezing "
the Chinese ; the Attorney- General was suspended for bringing certain charges
against the Registrar ; the acting Attorney-General had been worried to death,
and another was succeeding to his perilous office ; the Colonial Secretary was
absent, but the acting Colonial Secretary was undergoing accusations of
having, while uniting in himself the somewhat incongruous duties of a private
barrister and Colonial Secretary, given his clients the benefit of his official
position and having destroyed papers which compromised a notorious offender ;
the Colonial Treasurer was being cross-examined in a witness-box as to the
pressure he had put upon The Daily Press when he had the editor in prison ;
the Registrar and Protector of Chinese had accumulated upon his head all the
accusations that can be reasonably brought against any one man, from piracy
on the high seas down to brothel-keeping ; the newspaper proprietors were
all more or less in prison, or going to prison, or coming out of prison, on pro-
secutions by some one or more of the incriminated and incriminating officials ;
and the Chief Justice was trying an action against the Governor.
We are now about to attempt an analysis of those papers which Sir
Bulwer Lytton produced amid the respectful discouragement of the British
House of Commons. Produce them, or even print them as we may, their
contents will never be thoroughly known to any one, but the reader of the
Queen's Printer's printing office, to whom they might afford a plausible ground
for an application to increase his salary. They form an imbroglio which no
man desires to unravel, and they conceal a secret history which no one wishes
to discover. No doubt, there are faults in all these official people. There
are faults in the imperfectly-regulated energies of Mr. Chisholm Anstey, for
if those energies had been better regulated , they would have carried him very
far clear of Hongkong . There are faults in the conduct of Sir John Bowring,
for it is a fault in any man not to make himself popular in a community of
English merchants. There is a fault in the position of Dr. Bridges, at once
Colonial Secretary and the counsel of such men as Ahlum the baker, and Ms
Chow Wong, the convicted pirate . There is a fault also in the position of
Mr. Caldwell who is allied by marriage, to the Chinese population and who,
therefore, never can disabuse the Chinese of the notion that he is as one of
them, and can be acted upon as they are acted upon. But then we must
expect to find faults in every public man, and persons who are necessitated
to " go to Hongkong" are not exempt from the general infirmity . As to the
Hongkong Press , which every one is using, prompting, disavowing, and pro-
secuting, the less we say of it the better ; for we could say nothing of it that
would at all tend to the credit of our profession .
Any attempt to deal judicially with this congeries of intrigues , accusations,
and animosities here in England must signally fail. We cannot do justice at
the Antipodes while cartloads of evidence are arriving by every post and local
* Evidently by this quotation the writer had in view the words of the well-known
and, at one time, popular song " You may go to Hongkong for me."
THE SUSPENSION OF MR. ANSTEY . 585
information is wanting to the judges. It is a case for a dictator. It would Chap. XXVI.
-
be better to send out some sensible man with power to mediate, and , failing 1859.
mediation, with authority to judge. A man of tact and firmness would settle
the matter in a week, but he ought to be empowered to leave behind him the
menace that the first person who recommences this state of official chaos shall
be at once dismissed . We cannot be always investigating a storm in a tea-
pot, wherein each individual tea-leaf has its dignity and its grievance."
As may be judged from the debate in the House of Commons Sir Edward
before noticed , the Secretary of State had , at this time, fully con- Lytton's
patch dis-des
sidered the question of the suspension of Mr. Anstey, which, no missing Mr.
one could ever have imagined would end otherwise than in being Anstey.
confirmed. Sir Edward Lytton , in a despatch to Sir John Bow- The Secre
ring, dated the 17th March , set out his reasons for coming to the tary of State
no
decision that Mr. Anstey should be dismissed from his post. takes of
Founding his decision , as will be seen, upon the first act in the accusations
drama of the disgraceful episodes , the Secretary of State consi- against a
public officer
dered that, quite apart from the unfounded charges ' which Mr. in a ss
unle Colony
they
Anstey had brought against the Registrar- General, there were come before
other grounds which made his dismissal necessary. Sir Edward him Gov.
the through
Lytton then commented upon what he considered should be the ernor.
special function of an Attorney-General and the differences of
'The At-
Mr. Anstey ' year after year with other officials and the local torney-
Government which made his removal imperative, showing that General is an
officer whose
Sir John Bowring's raking up of everything unfavourable that esp especial
he could possibly think of in reference to Mr. Anstey in his now function
to render is
famous despatch, had not escaped attention . He concluded, as counsel and
foreshadowed by The Times, by saying that "the unfortunate assistance to
the local Gov-
condition of the public service in Hongkong " would be fully ernment."
66
investigated by the new Governor on his arrival." The des- The unforty-
patch is of such an important nature that no apology is offered tion nate of
condi-
the
for reproducing it in full and as worthy of preservation : -- public
service in
Sir, Downing Street, 17th March, 1859 . Hongkong to
I have had under my consideration your despatches of the dates and num- be inquired
hers specified in the margin , relating to the proceedings which have termi- into
new by the
Gov-
nated in the suspension of Mr. Chisholm Anstey from the office of Attorney- ernor.
General. I have also considered the representations of Mr. Anstey himself,
in the letters addressed to me, of which the dates are also added in the mar-
gin. Although some of these have not been properly brought to my notice,
inasmuch as the Governor and the Executive Council have not had the
opportunity of examining and commenting on them, and others contain more
of recrimination and attack on other parties than of defence of Mr. Anstey
himself, yet considering him in the light of a party placed on his defence,
I have been anxious to give him all the benefit which he could derive from
the statements contained in them.
It appears from these documents that Mr. Anstey made several specific and
very serious charges, involving not only violation of official duty, but grossly
immoral conduct, against the Registrar-General, Mr. Caldwell, at first in his
place in the Legislative Council, afterwards in his letter of 13th May, 1858,
to the acting Colonial Secretary, and that addressed to Lord Stanley on the
17th May, but communicated to the same officer. A Commission of Inquiry
was nominated to report on those charges. The Commission reported that
586 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XXVI . some portion of them (comparatively unimportant) was proved ; that although
1859. some other charges were not proved , yet Mr. Anstey was not without reason
for bringing them forward ; and others, and those among the most serious of
all, were not ouly unfounded , but there existed no reason whatever for ad-
vancing them.
Such a report constituted of itself a most serious charge against Mr. Ans-
tey. And the Executive Council, by their finding on the subject, substan-
tially adopt the view of the Commission ; and were further of opinion that
Mr. Anstey should be suspended from office, which was done. Mr. Anstey
complains, as I understand him, that he had not due opportunities of defence,
and, moreover, that he was turned into an accuser in this case against his own
will. On the first point, I shall ouly say that ample opportunity of defence
appears to have been afforded him. As to the second, I agree with yourself
and the Council in thinking that Mr. Anstey having thought proper to bring
forward charges of this nature against a fellow -officer in a formal and official
manner, had no right to shrink from the responsibility of supporting them
before a Commission summoned by the proper authorities, and to the com-
petency of which no reasonable objection could be taken.
It is necessary, however, that I should remark on one further argument of
Mr. Anstey, because it relates to the functions of this department. One of
the reasons on which he appears to rely as justifying him in not pursuing
the case against Mr. Caldwell before the Commission is, that he, Mr. Anstey,
had brought the charges against that gentleman before the Secretary of
State, and was expecting the Secretary of State's decision. Mr. Anstey
cannot be ignorant that he had no right whatever to bring those charges
before the Secretary of State as from himself ; and that if he thought proper
to do so, instead of following the legitimate course of addressing them to the
Governor, it was no part of the functions of the Secretary of State to enter-
tain them. The Secretary of State takes no notice of accusations against a
public officer in a Colony, unless they come before him through the Governor,
and appear to him, when thus officially placed under his notice, to require
such investigation . Mr. Anstey had also express warning from the Gov-
ernor (as reported in your despatch of the 18th May, 1858) , that these charges
were referred to the Commission , and it is not too much to say that he must
take the consequences of deliberately neglecting that warning.
Agreeing with the Commission of Inquiry that the charges have failed,
and with the Executive Council that the failure of these charges, considering
the reckless spirit of hostility in which many of them were brought forward,
renders in itself Mr. Anstey unfit to continue in office, I have accordingly
advised Her Majesty to dismiss him from his post.
But I am bound to add, that this dismissal would have been necessary on
other grounds, which the documents before me only too clearly disclose.
The Attorney-General is an officer whose especial function it is to render
counsel and assistance to the local Government. If he fails in the discharge
of this duty either wilfully or through incompetency, his dismissal is required ;
not, necessarily, as a punishment, although it may be deserved in this sense
also ; but because the local Government must not be deprived, through his
ignorance or his perverseness, of the requisite assistance. Nor is it enough
that the law adviser may be able to show that he has in strictness performed
his formal duties, by doing the legal business in which he may have been
retained. His functions are much more extensive, more important, and more
delicate than these . The local Government must have the benefit of his
general assistance on the many points on which a lawyer's counsel is constant-
ly required. But if a law adviser sets himself in constant opposition to the
local Government ; if he is prodigal of accusations, urged in every way acces-
sible to him, against other officials ; if he takes on himself to judge and act
in opposition to the Governor, as , for instance, in resigning his post as Ma-
DEPARTURE OF ADMIRAL SIR M. SEYMOUR. 587
gistrate (which it may be very useful that a law adviser should hold), because Chap. XXVI.
he does not choose to sit on the Bench with a fellow justice whom the Gov- 1859.
ernor has acquitted of charges brought against him ; if he constantly uses
himself, and encourages in others, a tone of bitter hostility towards indivi-
duals with whom he is displeased , and of gross disrespect towards higher
officers and the Governor himself ; his removal becomes an imperative duty
on his superiors. And it is quite needless for me to do more than refer to
the contents of the mass of papers before me, and to the reports which my
predecessors have unfortunately had to entertain year after year, of the differ-
ences of Mr. Anstey with other officials, as well as with the local Govern-
ment , as evidencing only too abundantly the application of these remarks to
the conduct of that gentleman .
I do not consider this the proper occasion to take notice of the various
considerations raised by these papers as to the conduct of other parties, and
as to the unfortunate condition of the public service in Hongkong, at the
present time . But these matters will not fail to have my serious considera-
tion ; and I consider it essential that they should be fully investigated by
the new Goveruor on his arrival.
I have, etc.,
(Signed) E. B. LYTTON.
Governor Sir JOHN BOWRING.
Naturally, a man of Mr. Anstey's activity would not rest
satisfied with such a complete discomfiture to himself as the
above despatch proved to be , and it will be seen later on how
through his own energy and determination he brought about
not only Mr. Caldwell's dismissal, * but a very modified tone as
to the real reason for his removal from the service as well as
an acknowledgment of the services he had rendered to the
Colony. But otherwise, taken with the discussions in both
Houses of Parliament as before alluded to, this despatch was as
plain a recall of the Governor, Sir John Bowring, as well could A plain recall
be, and it was high time that notice had been taken of the state of Sir John
Bowring.
of affairs prevalent in Hongkong.
The Naval Commander-in - Chief, Rear - Admiral Sir Michael Departure of
Admiral Sir
Seymour, left Hongkong in H.M.S. Calcutta, on the 19th March , M. Seymour.
carrying with him the best wishes ofthe community and a presen-
tation of plate of the value of two thousand guineas with an appro- The commu-
nity present
priate address . He had been nearly three years on the station him with an
His position had been one of no slight difficulty, especially at address and
a piece of
the commencement of hostilities with China, when, in ignorance plate of
of the views of Her Majesty's Government, he blockaded the of value
the2,000
Canton river with a small force ill adapted for the purpose. On guineas.
the 17th March, prior to his departure, Sir Michael Seymour Admiral
wrote to the Governor recording " his sense of the important Seymour
records his
services rendered by Mr. Caldwell on the numerous occasions he sense of Mr.
Caldwell's
accompanied Her Majesty's ships against pirates." services.
* See Vol. II., Chap. XXXV.
† See Vol. II., Chap. XXXVI.
Antè Chap. XIV. § II., p. 342.
588 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XXVI. Sir Michael Seymour was succeeded by Rear- Admiral Hope,
1859. who reached Hongkong on the 28th April .
Admiral
Hope
succeeds On the 10th April, Mr. E. H. Pollard , who had proceeded
Admiral
Seymour. to England for the purpose of getting admitted to the English
Return of Bar, returned to the Colony, having been called to the Bar by
Mr. Pollard the Honourable Society of the Middle Temple the year before.
as a barrister.
Temporary At this date, the Assistant Magistrate's Court was removed
removal
of the to the building on Pedder's Hill , formerly occupied as the Civil
Magistracy
to Pedder's Hospital . This removal was only to be temporary, pending
Hill. the reconstruction of the very inconvenient Courts. *
Hongkong At this period the affairs of Hongkong again attracted the
affairs
again before attention of Parliament. On the 14th April, Mr. Edwin James
Parliament. moved for the production of copies of all correspondence, Judges'
Motion of
Mr. Edwin notes, or other papers, on the following subjects, or any of
James for them :
production
of papers.
1. The resignation of the Justiceship of the Peace for Hongkong by Mr.
Thomas Chisholm Anstey, sent in to the Local Government on the 13th day
of May, 1858 :
2. His suspension on the 7th day of August, 1858, from the Attorney-
Generalship of the Colony of Hongkong, and from the office of Counsel of
the Superintendency of Trade in China :
3. The case of the Queen v . Tarrant for libel, tried at the November Ses-
sions ( 1858 ) of the Hongkong Supreme Court (Criminal side) :
4. The charge of alleged complicity of Mr. Caldwell, J.P. , and the Protec-
tor of Chinese at Hongkong, with Hongkong pirates :
5. The charges made against the acting Colonial Secretary ( Dr. Bridges),
with reference to the foregoing subjects, and also the Opium Farm monopoly :
6. The charges made against the Lieutenant-Governor of Hongkong (Colo-
nel Caine) and his Chinese compradore, with reference to extortion and bribe-
taking, in the years 1846 and 1848 :
7. The proceedings against Mr. May, Superintendent of Police at Hong-
kong, Mr. Tarrant, Registrar of Deeds there, and the Police Court Interpre-
ter Tong Akou, and the dismissal of the Police Court Interpreter Assam, ‡ for
having severally given evidence against the said parties, or any of them :
8. The Imperial regulations (if any) by which the several suspensions or
removals before mentioned were authorized .
These were in due course duly produced, and, as will be seen
hercafter, availed of by all interested .†
* On the subject of the Police Courts, see antè Chap. XI., p. 237, and post Chap.
XXX.
On this subject, see also Chap. XXXI., infrà.
Assow -see antè Chap. XXIII. , pp. 508, 529 § 66.
THE MORNING HERALD ON HONGKONG AFFAIRS. 589
The following letter at this stage from the Secretary of State Chap. XXVI.
to Mr. Anstey on the subject of his suspension, and the " sin- 1859.
cere regret with which he had found himself obliged to confirm " the Letter
Earlfrom
of
same is not inappropriate :- Carnarvon to
Mr. Anstey
Downing Street, 16 April, 1859. expressing
Sir , sincere
regret ' at the
I have to acknowledge your letter of the 14th instant, respecting your sus- confirmation
pension from the office of Attorney-General at Hongkong. It contains some of his
expressions which render it necessary for me to explain the object with suspension.
which my letter of the 13th (to which it is an answer) was written.
While Sir Edward Lytton was auxious to express the sense which he enter-
tained of your talent and energy, and the sincere regret with which he had
found himself obliged to confirm your suspension, it was not his intention to
imply that the proceedings of the Governor and Executive Council were
unjust or arbitrary, or to indicate any general dissent from the grounds on
which they acted. It would be unfair, both to them and to yourself, that any
misapprehension should be allowed to exist on this point. I cannot undertake
to return any answer to your request for re-employment in the Colonial
service of this country ; but the application shall be laid before Sir Edward
Lytton, as soon as the state of his health allows him to resume the ordinary
transaction of business.
I have, etc.,
(Signed) CARNARVON.
T. C. ANSTEY, Esq .
Concerning the agitation which had now commenced in Eng- The Morning
on
land , regarding affairs generally in Hongkong, The Morning Heraldo
Sir John
Herald of the 28th April contained a strong article upon the Bowring
existing discreditable state of things. Sir John Bowring not and the
discreditable
unnaturally came in for a share of the invective levelled at state of
some of the authorities for having allowed things to reach the affairs.
' An empty.
scandalous stage they had . The paper in question said : — headed,
malevolent,
"... We are pleased to learn that Lord Lyndhurst supported by Lord lying,
political
Brougham will bring the matter forward in the House of Lords as soon as quack like
practicable. Mr. Edwin James again makes the motion in the Commons, old Bowring."
and unless the Ministers wish to establish the principle that the subordinate
officers of Government in distant parts can bend the law unto their will, re-
ducing iniquity to a system, and still enjoy immunity, we should say they
must afford the House the fullest satisfaction and information. Sir Bulwer
Lytton's jokes will not do again.
It is annoying to see an empty-headed, malevolent, lying, political quack
like old Bowring drawing upon himself such notoriety. True it is unenviable
but that makes no difference to him ; for being as unscrupulous as Louis
Napoleon, and having about as much idea of propriety as Titus Oates, our
opinion is he would be in bliss in a pillory so long as none of the by- standers
threw anything hard at him.""
It may be interesting to note at this stage that The Morning Mr. Anstey's
Herald was a paper with which Mr. Adams, Mr. Anstey's suc- successor Attorney-as
As to Sir John Bowring, see the previous extract from The Journal of T. Raikes,
Esq.,' and the similarity of language there used-antè Chap. XVI. § II., p. 387.
590 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. -XXVI . cessor as Attorney-General of Hongkong* was intimately asso-
1859. ciated for some years as a law reporter.†
General,
Mr. Adams,
connected On the 2nd June, 1859 , a brother of the now famous Mr. D.
with The
Morning R. Caldwell, the Registrar-General and Protector of Chinese,
Herald. named Henry Charles Caldwell arrived in Hongkong from
Arrival of
Mr. H. C. London by the ship Northfleet. He had previously been Re-
Caldwell, a gistrar of the Recorder's Court at Singapore and was a fugitive
brother of
Mr. D. R. defaulter from there, having some years before embezzled trust-
Caldwell, moneys in his official capacity. Ever since his detection in 1856-
from London. 1857 a backed criminal warrant from Singapore had been lying
Previously
Registrar in the hands of the Superintendent of Police at Hongkong for
of the execution at the moment ofhis expected arrival in the Colony, his
Recorder's
Court at wife and family having preceded him. Yet on Mr. H. C. Cald-
Singapore well's arrival, not only was he not arrested but actually allowed
anda fugitive
defaulter. to depart out of the jurisdiction the same night for Macao,
A backed where his brother, Mr. D. R. Caldwell, had previously obtained
criminal
warrant in a residence for him and where he was to carry on the business
the hands of a notary and general agent amongst the Chinese. By what
of the
influence Mr. H. C. Caldwell was thus allowed to escape the
Superin-
tendent of meshes of the law is not apparent, but suffice it to say that the
Police.
He is allowed matter did not escape Mr. Anstey, who at once brought it to
to depart the notice of the Secretary of State. The local press also took
for Macao.
up the subject in strong terms, but Mr. H. C. Caldwell was
Mr. rt
repo to the allowed the greatest immunity from any possible interference.
Anstey's
Secretary
of State .
Mr. H. C. How he got out of his difficulties and whether he or others on
Caldwell his behalf compounded his felony ' is enveloped in mystery,
afterwards
an attorney as but he eventually found his way back to Hongkong and entered
of the the office of Messrs . Cocper- Turner and Hazeland , solicitors ;
Supreme
Court of then he articled himself to Mr. R. C. Owen , the barrister ( who
Hongkong. under the provisions of Ordinance No. 13 of 1862 had elected
to act as an attorney ) , being admitted some years after as an
attorney and solicitor of the Court. He soon made for himself
a lucrative practice and became one of the leading solicitors in
Hongkong. Another of the wonderful incidents in regard to
the history of this Colony. Mr. H. C. Caldwell having amassed
a competency retired to England , and died at his residence at
Twickenham, England, on the 28th June , 1883 , at the age of
sixty-eight.
Mr. Anstey's
pamphlet After publishing a pamphlet entitled " Civil Government at
Civil Gov. Hongkong " and otherwise continuing to agitate in England
ernment at and endeavouring to enlist sympathy as to the unfair treatment
Hongkong.'
* See Chap. XXIX., infrà.
† See Vol. II., Chap. XLIII.
Parliamentary Papers, 1860, pp. 445, 448.
MR. ANSTEY JOINS THE INDIAN BAR . 591
he considered he had received, a Home paper advising him Chap. XXVI. .
to re-enter Parliament and ' badger Lord Palmerston ,'- Mr. 1859.
Anstey left England for Calcutta, via the Cape, in Novem- to HeIndia
proceeds
and
ber, 1859. From Calcutta Mr. Anstey proceeded to Bombay joins the
where he joined the local Bar. Fresh investigations instituted local bar.
in 1861 , by the new Governor, Sir Hercules Robinson , under
instructions, ultimately led , as will hereafter be seen, to the Mr. Anstey's
return to
dismissal of Mr. Caldwell, the Registrar- General , from the Gov- England
ernment service, when Mr. Anstey, doubtless considering that on Mr.
Caldwell's
his chance had again arrived for renewing the agitation of the dismissal
past and badgering ' the Colonial Office, returned to England , in 1861 .
592
CHAPTER XXVII.
1859 .
Departure of Chief Justice Hulme on sick leave.- He anticipates a pension.- Mr. Green,
acting Chief Justice. - Mr. Kingsmill, acting Attorney-General. -The Chief Justice's re-
sidence and the sale of his furniture. -His departure regretted. -The most trying period
of his long service in Hongkong.-His position as a member of the Legislative Council and
as regards Sir John Bowring. - Return of Mr. Alexander, the Registrar from leave.
Ch. XXVII.
Departure of MR. HULME , the Chief Justice, who had been in very infirm
Chief
HulmeJustice
on health after many years service in the Colony, left for England
sick leave.
by the mail steamer Cadiz on the 24th April . His last return
to the Colony from leave in England was on the 2nd April ,
1855.* He had applied some time back to be relieved , but ,
receiving no reply, deemed it best to proceed to Europe at once,
having obtained eighteen months' leave of absence, on medical
He antici- certificate, although not intending to return and anticipating the
pates a
pension. grant of a pension which, however, by the terms of his appoint-
Mr. Green, ment, he was not entitled to . On the 23rd April, Mr.
Justice.Chief
acting Green, the acting Attorney- General, was accordingly gazetted
Mr. Kings. his interim successor, Mr. Kingsmill replacing Mr. Green . The
mill, acting Chief Justice, it may be remarked, lived at " Spring Gardens,”
Attorney-
General. and the sale of his furniture by " Lane, Crawford , and Co. , auc-
The Chief tioneers," took place after his departure on the 26th April .
Justice's
residence and Mr. Hulme's departure, as on previous occasions , was the sub-
the sale of ject of much regret , and a remarkable fact in connexion with his
his furniture. tenure of office for the last time and during perhaps the most
His depar-
ture trying period of his long service in Hongkong was, that he
regretted. had managed to keep aloof from all the discussions, dissen-
The most sions, and otherwise disgraceful scandal which had taken place
trying period and had lasted so long, preserving an attitude of utter indiffer-
of his long
service in ence and of non -interference in keeping with the whole of his
Hongkong. honourable career in the Colony . As a member of the Legis-
lative Council his position was often as irksome as it had been
an invidious one to him. That Sir John Bowring's adminis
6
tration had been wicked and corrupt,' as put by Mr. Anstey .
there were very few who would have run the gauntlet of
member derision in attempting to deny. It is clear from the records
Hisa position
as
of the Legis that the Chief Justice had openly disapproved of many of
lative
Governor Bowring's public acts , and it is therefore astonishing
* Antè Chap. XVI . § I., p. 359.
† Antè Chap. 1. , p. 43, note. - See also Chap. XXXI., infrà.
RETURN OF MR . ALEXANDER FROM LEAVE . 593
how he succeeded in avoiding all responsibility or connexion Ch. XXVII .
attached to them, considering his position in the Council, yet 1859.
although he saw the administration reviled and bombarded, it Council and
as
Sirregards
is also abundantly clear from the records that he often consi- John
dered he was in duty bound to the State to accord his support Bowring.
to the administration to which he was opposed.
The day after Mr. Hulme's departure, Mr. Alexander, the Return of
Registrar, returned to the Colony from leave of absence and Mr. der, Alexan-
the Re-
resumed the duties of his office. He had been absent from the gistrar, from
leave.
Colony ever since the 11th March , 1857 , * having received exten-
sions to his original leave.
* Antè Chap. XVIII., p. 429.
594
CHAPTER XXVIII .
1859 .
Office of Her Majesty's Plenipotentiary and Superintendent of Trade in China separated
from that of Governor of Hongkong. —The Honourable F. W. A. Bruce, Superintendent of
Trade. Mr. Hercules Robinson, Governor. - Mr. T. Wade, Chinese Secretary to the Legation
at Peking. - Arrival of Mr. Bruce .-- Superintendency of Trade removed to Shanghai.—
Chinese interpretation more defective. -Early supersession of Sir John Bowring.- His
departure.- Mr. Weatherhead takes leave.- Sir John Bowring's administration wicked
and corrupt.'- Cold shoulder from the European community on his departure.--The
Chinese present him with usual gifts.--The abuse heaped on him on his departure.—
Colonel Caine, acting Governor. —Mr. Green takes the Bench for the first time as
acting Chief Justice. - Dr. Bridges and law partnerships. His petition to the Legis
lative Council. - Ordinance No. 3 of 1859.- The appointment of Mr. Rennie, the
Auditor-General, as a member of the Legislative Council confirmed . - Conviction
and execution of Lo Chun Sun for piracy and murder. - Resignation of the Chief
Magistrate, Mr. Davies. — Mr. W. H. Mitchell, acting Chief Magistrate.- Mr. May, acting
Assistant Magistrate.— Mr. Jarman, acting Superintendent of Police.- Mr. Davies as a
supporter of Mr. Anstey. -The reason for Mr. Davies' resignation.- Mr. Anstey's letter to
the Secretary of State upon the subject. - Messrs. Cooper-Turner and Hazeland take over Mr.
II . J. Tarrant's business .-Departure of Messrs. Tarrant and Stace for England.- Depar
ture of Mr. Inglis, Harbour Master and Marine Magistrate. - Marine cases entertained by
the Police Court. -Meeting at Newcastle and petition to the Queen upon Hongkong
affairs.- Petition referred to the Secretary of State for the Colonies. -Additional Rules
and Regulations for the Vice- Admiralty Court. - Chinese Passes.-Privy Council appeal.
Lapraik and Another e. Burrows. -Act 8 and 9 Vict. c. 89. - Act 12 and 13 Vict. c. 29.—
Decision of Chief Justice Hulme reversed. -Act 22 and 23 Vict. c. 9. - Jurymen leaving
the Court without permission . Order of Court. -Government Notification. - Death of Mr.
Ch. XXVIII. John Smithers, Usher of the Supreme Court and Clerk and Sexton to St. John's Cathedral.
Office of Her
Majesty's RUMOURS of immediate and important changes in the adminis-
Plenipoten tration of affairs in Hongkong now assumed practical effect.
tiary and
Superin- The office of Her Majesty's Envoy Extraordinary and Minister
tendent of Plenipotentiary and Chief Superintendent of Trade in China
Trade in
China was separated from that of Governor of Hongkong, the former
separated being conferred upon the Honourable Frederick W. A. Bruce, C.B. ,
from that of
Governor of formerly Colonial Secretary of Hongkong, and who had left the
Hongkong. Colony in June, 1846, on appointment as Lieutenant-Governor
The Honour of Newfoundland, and the latter on Mr. Hercules Robinson,
able F. W.
A. Bruce, the Lieutenant- Governor of St. Christopher, in the West Indies.t
Superin-
tendent of At the same time Mr. Thomas Wade received the appointment
Trade. of Chinese Secretary to the British Legation at Peking.
Mr. Hercules
Robinson,
Governor. Mr. Bruce arrived on the 26th April in H. M. S. Magicienne.
Mr. T. Wade, His commission as Her Majesty's Envoy Extraordinary and
Chinese
Secretary See antè Chap. II., p. 47, and Chap. III. § III ., p. 97.
" Served for some time in the 87th Fusiliers ; on his retirement from the Army was
actively engaged during the Irish famine, 1846-9 , under the commissioners of public works
and poor law board in Ireland ; chief commissioner to inquire into the fairs and markets
of Ireland, 1852 ; President of Montserrat, 1854 ; Lieutenant-Governor of St. Christopher,
1854, with which he held the dormant commission of Governor-in-chief of the Leeward
Islands."
DEPARTURE OF SIR JOHN BOWRING . 595
Minister Plenipotentiary and Chief Superintendent of Trade to the
Legation
was published on the 30th April, and he landed officially on the at Peking.
2nd May. Arrival of
Mr. Bruce.
On his assuming charge of the Superintendency of Trade, the Superin-
head- quarters thereof were at once removed to Shanghai , which tendency
of Trade
had the effect of making the question of defective interpreta- removed
to Shanghai.
tion in the Colony more pressing than ever. Up to this, the Chinese
Colony could always fall back upon the Consular service for interpreta-
good interpretership, when that was absolutely necessary in defective.
tion more
special cases, and more particularly for the correction of publica-
tions in Chinese, but now that that resource was removed, the
question had increased to one of considerable difficulty. There
were at this time only three men in the service, excepting Mr.
Lobschied, the Inspector of Schools, who were acquainted with
the Canton dialect, and only one of these , Mr. Dick, the Inter-
preter to the Supreme Court, was at all acquainted with the
written language and that imperfectly. Neither Mr. Caldwell
nor Mr. Inglis, the Harbour Master, who had paid special atten-
tion to the study of Chinese, professed any knowledge of the
written language, and the latter, moreover, had special duties to
attend to.
After the discussions in both Houses of Parliament and the Early super-
session of
Secretary of State's despatch of the 17th March last upon the Sir Johnf
"unfortunate condition " of affairs in Hongkong and the early Bowring.
arrival of the new Plenipotentiary, which, judging by dates ,
implied nothing short of the practical recall and early superses-
sion of Sir John Bowring, and, moreover, showed that the matter His
had been under consideration for some time , and before the departure.
resolutions of both Houses of Parliament, there was nothing
left for Sir John Bowring to do but to take his immediate
departure from the Colony. He accordingly left on the 5th
May for England by the mail steamer Pekin, accompanied by
one of his daughters who had remained behind on Lady Bow-
ring's departure. By the same boat, Mr. Weatherhead, clerk of Mr. Weather-
head takes
the Supreme Court, also went on leave. Besides Mr. F. W. leave.
Mitchell, Mr. Weatherhead had also, during Mr. Alexander's
absence on leave, acted for a time as Deputy Registrar.
Of Sir John Bowring's administration , the less said the better. Sir John
administra
wicked and corrupt Bowring's
It was , in the legal sense of the term , a "
administration," feebleness and incapacity, to say the least , being tion wicked
by no means its worst features, as the past records have dis- and corrupt .'
closed , and which will ever reflect discredit on Hongkong. In
contrast to past Governors and other high officials of Hong-
596 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. XXVIII. kong who, on their departure from the Colony, had always
1859. been loaded with testimonials, a thoroughly Oriental custom
Cold shoulder by the way and for which, as has before been noticed , the Colony
from the
European has been famous . * Sir John Bowring was allowed to take his
community
on his departure with a cold shoulder from the English community,
departure. though two deputations of Chinese waited on him and presented
The Chinese him with the usual gifts. He now returned to England full of
presented
him with years, though by no means of bodily infirmity, being close upon
usual gifts.
his seventieth year and after spending ten years in China . On
The abuse
heaped on his departure the local press heaped upon him abuse of a nature
him on his which would not bear repetition . It may be doubted whether
departure.
it would have been possible to have had a worse man at the
head of the local administration.†
* Antè Chap. XIX., P. 4tt.
Not many months after his return to England. Sir John Bowring re-married as the
following press notice shows : " Marriage. On the 8th November, 1860, at the Unitarian
Chapel, Bristol, by the Reverend B. Apsland, Sir John Bowring to Miss Deborah Castle,
daughter of Michael Hinton Castle." Many were the jocular remarks passed at the time
upon this interesting event. On his departure from the Colony, his youngest daughter,
Emily, joined the Italian Convent in Hongkong and assumed the name of Sister Aloysia
on taking vows as a Sister of Charity. She was well known and universally respectel,
dying at the Convent in Hongkong on the 20th August, 1870, at the age of thirty-seven.
Sir John Bowring died at Claremont, Exeter, on the 23rd November, 1872, at the age of
eighty.
After Sir John Bowring's death, Mr. Lewin Bowring, his son, published a very inter-
esting volume as a memorial of his father. It contained first of all a brief account of his
life, and then the autobiographical sketches : these were divided into Early Recollec
tions, Parliamentary Recollections, Countries visited,' and ' Sketches of various cele
brities. With regard to this matter, and considering the feebleness of his administration
and the scandal that will ever attach to it, it may not be inappropriate to reproduce at this
stage a further sketch taken from the records of the time, dealing with Sir John Bowring's
career*
.. and which appeared after his death. The concluding portion , setting out that
' Bowring's tenure of office in China did not bring him popularity " was perhaps all that
the writer probably deemed it advisable to say in reference to that portion of his career.
Sir John Bowring was born at Exeter in 1792 ; his father was a fuller, who prepared
woollen goods for foreign markets, and especially for that of China, the monopoly of
which was in the hands of the East India Company. The family were Unitarians in their
religious opinions and, like most Nonconformists in those days, Liberals in politics. On
leaving school, Johm entered a merchant's office, and, during the first four years of his em
ployment as a clerk, laid the foundations of his linguistic attainments. He learnt
French from a refugee priest, Italian from itinerant vendors of barometers and mathema-
tical instruments, while Spanish and Portuguese, German and Dutch, were acquired with
the aid of some mercantile friends. These six languages he spoke with fluency, but, his
son adds, -Having the quick ear and ready apprehension which constitute the linguist,
he soon found himself able to converse with facility in the native tongue of any country
which he visited . He had a fair acquaintance with Danish and Swedish, and acquired a
book knowledge of Russian, Servian, Polish, and Bohemian, which enabled him to tran
slate the productions of writers in those languages. He learnt a little Arabie during his
journey in the East ; and, when an old man, mastered a good deal of that difficult lan-
guage, Chinese , to which he devoted much attention.' Hood once addressed him as
follows :-
To Bowring ! man of many tongues,
(All over tongues, like rumour)
This tributary verse belongs
To paint his learned humour.
All kinds of gab he knows. I wis,
From Latin down to Scottish-
As fluent as a parrot is
But far more Polly-glottish.
No grammar too abstruse he meets,
See also ante Chap. x1., p. 227.
DR. BRIDGES ON LAW PARTNERSHIPS . 597
Three days before Sir John Bowring left, on the 2nd May , Ch. XXVIII.
Colonel Caine was invested with the provisional Government of 1859.
the Colony pending the arrival of Mr. Hercules Robinson, the Colonel
Caine,
new Governor. acting
Governor.
At a sitting of the Supreme Court in its Summary Jurisdic- Mr. Green
tion on the 7th May, the acting Chief Justice, Mr. Green , took takes
Benchthefor
the Bench for the first time. The cause list was unusually heavy, the first time
as acting
lawyers being retained on both sides in all the cases. Chief
Justice.
Dr. Bridges, feeling the hardship that section 3 of Ordinance Dr. Bridges
No. 12 of 1858 * relative to law partnerships, still inflicted partners
newships.
a hardship upon barristers in the Colony, notwithsta nding the
However dark and verby,
He gossips Greek about the streets,
And often Russ-in urbe.
Strange tongues -whatever you do them call !
In short the man is able
To tell you what's o'clock in all,
The dial- ects of Babel.
Take him on change - in Portuguese.
The Moorish and the Spanish,
Polish, Hungarian, Tyrolese,
The Swedish or the Danish !
Try him with these and fifty such,
His skill will ne'er diminish
Although you should begin in Dutch,
And end (like me) in Finnish.
In 1811 , Bowring proceeded to London as a clerk in the office of Milford and Co., and
in connexion with this house he travelled during the next year or so in Spain and Portu-
gal, and later on--still employed by the same firm -he visited Spain again, France, Bel-
gium, Holland, Russia, and Sweden. During his long absence he formed the acquain-
tance in Spain of many well-known Liberals ; in France he gained the friendship of
Abbé Gregoire, Laroche, Thierry, Cuvier, Humboldt, and other prominent politicians and
learned men ; whilst elsewhere he met many illustrious literary characters, with whom
during several years he maintained an active correspondence. ' . In 1822. a trip to Paris
ended disastrously for Bowring, being a man of great imprudence in speech, was thrown
into prison at Calais, where he remained six weeks, and on his release was prohibited from
again entering France --a prohibition which, of course, died away after the three glorious
days of July, 1830. He began his literary career in 1821 , by a pamphlet on slavery in
Spanish, and in the next fifteen years he published several volumes of translations from
Russian, Spanish, Polish, Magyar, etc.
In 1824, Jeremy Bentham conceived the idea of starting The Westminster Review, and
Bowring was joint editor with Mr. Henry Southern, the former taking charge of the poli
tical, and the latter of the literary department. Readers of J. S. Mill's Autobiography
will recollect that considerable dissatisfaction is there expressed with the way in which
Bowring performed his task ; and in the volume now under notice, there is nothing but
the most casual mention of J. S. Mill, and he figures in no way amongst the celebrities
whom Bowring describes. Although unsuccessful himself in commercial speculations,
Bowring appears to have had a good head for business, and his forwardness and rather
inquisitorial nature, added of course to his linguistic powers, suited him particularly for
duties which the Government, much to its credit, found for him to perform. He was de-
puted in 1828 to Holland to examine the method pursued by the financial department in
that country, and prepared a report, the first of a long series, on the public accounts of
various European States. These papers, his son says, are " models of perspicuity, showing
* The following was the section : " No barrister shall become or be in any wise in-
terested in the profits of the business of any other practitioner-in -law, directly or indirectly,
and whether under the name of law partner, or under any other name, or be or act as
agent for, or clerk to, any such practitioner : And no attorney having a law partner shall
be allowed to act as barrister in any matter where himself or his said partner is, or shall
be, retained or acting as attorney."
598 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. XXVIII amalgamation of the two professions, petitioned the Legislative
1859. Council upon the subject. The petition was received through the
His petition Clerk of Councils on the 23rd April. The acting Governor,
to the
Legislative at a meeting of the Council on the 18th May, laid the petition,
Council,
of which the following is a copy, on the table :-
Το
His Excellency the Governor in Legislative Council.
The humble petition of William Thomas Bridges, Doctor of Civil Law,
Barrister-at-Law, and Practitioner-in- Law, in the Colony ofHongkong.
Sheweth :-
That your petitioner has been informed that Ordinance 12 of 1858 is under
consideration for its amendment at the present time before Your Excellency
in Council.
considerable power in grasping facts and in arranging them lucidly and intelligibly."
It was at this time that Bowring received his diploma of LL.D. from the University of
Groningen.
In 1831 he was associated with Sir H. Parnell in the duty of examining and reporting
on the public accounts of France, a task which he performed with a great ability ; and
shortly afterwards he was appointed a Commissioner with George Villiers (subsequently
Lord Clarendon) for discussing the commercial relations between England and France.
The negotiations, however, failed ; and it was not till the time of Napoleon III. that a
satisfactory treaty was effected. And he afterwards, with varying success, visited Bel-
gium, Switzerland , and Italy, being deputed to inquire into the financial and trading
prospects of these countries. In 1835 Dr. Bowring got into Parliament, was unseated in
1837, and finally sat for Bolton from 1841 to 1849. He was a staunch free-trader and a
fluent speaker, but though a well-known man-a man perhaps of more notoriety than 176
influence -he can scarcely be said to have been a success in the House. In 1848, the
iron-trade in which Bowring had embarked his money was so depressed, that he became
greatly embarrassed in his pecuniary affairs, and applied for, and obtained, through
Lord Palmerston's friendship, the appointment of Consul at Canton. In 1854 he succeeded
Sir George Bonham, with whom he could never agree, as Plenipotentiary ; and he served
in the East altogether more than nine years. It was on his return from China advanced
in years and much broken in health, that he embarked on the ill-fated Alma, the scene
of whose disaster is still pointed out to the voyager, on the Red Sea. The loss of an ad-
ventitious part of the Plenipotentiary's person on the shores of that desolate coast has
amused many of the spectators of the Overland Route at the Haymarket, without
causing much chagrin probably to the eminent knight himself. There was on board
the Alma a certain Mr. G., of the Telegraph Department, and a popular member of the Ori-
ental Club ; and it is understood that his observant eye (long since closed in early death)
marked out many little traits of character and points of incident of which Mr. Tom
Taylor was allowed to avail himself. Bowring's tenure of office in China did not bring
him popularity, but his Siam Treaty was a great success ; and his conduct in connexion
with the Arrow affair, though much canvassed at the time, seems capable of complete vin-
dication.....……………. The Pioneer (Paternoster Row) , 1877.
The following is taken from Chambers's Encyclopædia, Vol. 11. (1895), p. 374 : —
Bowring, Sir John, born in Exeter in 1792, on leaving school entered a merchant's
office, and there pursued that course of polyglot study whereby, as he afterwards boasted,
he knew two hundred, and could speak a hundred languages. The national poetry of dif-
ferent peoples had special attractions for him, and he rendered great service to litera-
ture by translating both the more ancient and the more modern popular poems of almost
all the countries of Europe. In 1821 he formed a close friendship with Jeremy Bentham,
and in 1824 became the first editor of his radical Westminster Beview, to which, as be
seemed the descendant of an old Puritan stock, he contributed many articles on freedom
in religion and politics, as well as on literary subjects. In 1828 he visited Holland ; and
his Sketch of the Language and Literature of Holland (1829) procured for him the degree
of Doctor of Laws from the University of Groningen. Subsequent travels were under-
taken by him, on a commission from the British Government, to inquire into the com-
mercial relations of certain States. He visited Switzerland, Italy, Egypt, Syria, and
finally the countries of the German Zollverein, and everywhere found materials for
valuable reports. He sat in Parliament for Kilmarnock from 1835 to 1837, for Bolton
from 1841 to 1849, and actively promoted the adoption of free trade. In 1849 he was
appointed British consul at Hongkong, and superintendent of trade in China. He re-
. DR. BRIDGES ON LAW PARTNERSHIPS . 599
That it appears to your petitioner, that a great hardship has been inflicted Ch. XXVIII .
upon your petitioner and other barristers-at-law, acting as local practitioners-
1859.
in-law, by the third section of such Ordinance.
That such hardship consists in this, that whereas all other distinctions be-
tween barristers and solicitors are done away with, one is yet preserved ,
which admits of any number of solicitors or attorneys in partnership together,
but denies the same right to such practitioners -in-law as are barristers in the
mother-country.
That an injury is thereby inflicted both on the practitioner, and on the
client, inasmuch as the barrister-practitioner is compelled, on absenting him-
self from the Colony for health or a visit to the mother-country, to break up
altogether a business connexion which it may have been the labour of years
to bring together, whereas the interests of the solicitor-practitioner can be
Er looked after by the remaining partner or partners ; and the interests of the
client are also similarly affected , as those who employ barristers as their legal
advisers must necessarily be compelled to transfer all their matters in hand
to strangers ; instead of continuing it in the same office under the superintend-
ence of the locum tenens or successor of their original counsel.
That your petitioner confidently submits that no valid reason whatsoever
can be adduced for making any distinction in this respect between either class
of legal practitioners in this Colony, and as undoubted advantages have already
resulted from the amalgamation of the two branches of the profession, it is
3 but fair and reasonable that all restrictions upon that amalgamation should be
done away with, unless valid and existing reasons can be shown to the contrary.
Your petitioner therefore humbly prays Your Excellency in Council to
repeal the whole or so much of the third section of Ordinance 12 of 1858 as
to Your Excellency and the Legislative Council shall seem meet.
And your petitioner, etc.,
(Signed) WILLIAM T. BRIDGES.
The same having been read, on the motion of the acting Chief
Justice, seconded by the Colonial Secretary, it was ordered " to
lie on the table. "
The Ordinance to amend Ordinances No. 3 and No. 12 of Ordinance
1858 was then read a second time, and the Council went into No. 1859.3of
Committee upon it. Sections 1 and 2 being agreed to, the acting
Governor moved , and it was carried, that the Ordinance do pass
and that the title be " An Ordinance to amend Ordinances
. Nos. 3 and 12 of 1858 , " the same being numbered No. 3 of
1859. Dr. Bridges' application met with no success. At this
meeting, the acting Governor also laid on the table a despatch
of the Secretary of State relative to the protest of the unofficial
turned in 1853, and in the following year was knighted and made Governor of Hongkong.
In 1856, an insult having been offered to a Chinese pirate bearing the British flag (the
' affair of the lorcha Arrow ' ) , Bowring, without consulting the Home Government, ordered
the bombardment of Canton, a proceeding which excited grave dissatisfaction at Home,
and nearly upset the Palmerston Ministry. In 1855 he concluded a commercial treaty
with Siam, in 1858 made a tour through the Philippine Islands ; and his accounts of those
two visits are about the most readable of his thirty-six works. He retired with a pension
in 1859, and died at Claremont, Exeter, 23rd November, 1872. See his Autobiographical
Reminiscences."
600 HISTORY OF THE LAWS, ETC. , OF HONGKONG.
Ch. XXVIII . members of the Legislative Council, made at the meeting held
1859. on the 4th December, 1858 , against the appointment of Mr.
The appoint- Rennie, the Auditor - General, to a seat in the Council, and con-
ment of Mr.
Rennie, the firming the nomination.
Auditor-
General, as
a member of At the Criminal Sessions held on the 25th May, Lo Chun
the Legisla
tive Council Sim was sentenced to death for piracy and murder, the execu
confirmed. tion taking place on the 1st June.
Conviction
and execu
tion of Lo The Colony had now to regret the loss of the Chief Magis-
Chun Sun
for piracy trate, Mr. Henry Tudor Davies, who, for reasons best known
and murder. to himself, having accepted office under the Chinese Government
Resignation as Commissioner of Foreign Revenue ( Customs ) resigned his
of the Chief
Magistrate, position in Hongkong on the 1st June, Mr W. H. Mitchell,
Mr. Davies. being appointed to succeed him temporarily,† Mr. May replac-
ing Mr. Mitchell as Assistant Magistrate, and Mr. Jarman
acting as Superintendent of Police in the place of Mr. May. In
Mr. Davies the Colony had lost a conscientious and painstaking
official as well as an able and careful Magistrate . His relations
Mr. Davies as with Mr. Anstey had always been of a friendly character, and
a supporter
of Mr. Mr. Davies ' independent spirit made him frequently, especially in
Anstey. the Legislative Council, an ardent supporter of Mr. Anstey.
The reason
for Mr. Indeed, the immediate cause of Mr. Davies ' resignation is said
Davies' to have been due to his disgust with the service in Hongkong.
resignation. Mr. Anstey, writing to the Secretary of State on the 17th May,
to the 1859 , stated that "in a very desponding letter he had just
Mr. Anstey's
letter
Secretary received from Mr. Davies, " the latter had informed him of his
of State
upon the reasons for resigning office, " and that," added Mr. Anstey,
subject. "my own fate, the iniquities of Hongkong, their prolonged
impunity, and my final departure from the island, have led to
his renouncing Her Majesty's Colonial Service, resigning all his
posts at Hongkong, and proceeding to the North of China,
Messrs.
Cooper- where he had accepted a temporary office under the Emperor of
Turner that country, connected with the Customs ; and where he would
and Haze.
land take be freed from the corruptions and annoyances, which he most
over Mr.
H. J. Tar- justly complained of at Hongkong. " §
rant's
business.
On the 8th June Messrs . Cooper- Turner and Hazeland adver-
Departure of
Messrs. Tar- tized that they had taken over the business of Mr. H. J. Tar-
rant and
Stace for rant, solicitor and notary public, who together with Mr. Stace
England. proceeded to England on the 5th July (the former for the
* See Chap. XXV. § I., p. 564.
† As regards Mr. Mitchell's further movements in the service, see Chap. XXXI., infrà
and Volume II., Chap. XXXVII.
See also antè, Chap. XXV. § II., p. 573.
§ Parliamentary Papers on Hongkong, 21st March, 1860, p. 408.
APPEAL CASE IN THE PRIVY COUNCIL. 601
purpose of getting called to the Bar in England. On the Ch. XXVIII,
22nd June, upon Mr. Inglis , the Harbour Master and Marine 1859.
Magistrate, proceeding on leave, Mr. Newman was appointed to Departure
of Mr. Inglis ,
replace him, " Marine Police cases as on similar previous occa Harbour
sions being entertained by the ordinary Police Courts of the Master and
Marine
Colony. " Magistrate.
During this month another meeting of the inhabitants of New- Meeting at
castle took place, relative to the affairs of Hongkong .
A petition Newcastle
and petition
was drawn up, signed by the Mayor and others, and forwarded to the
Queen upon
to the Queen . Hongkong
affairs .
On the 2nd July a reply was received from Her Majesty to Petition
referred
the effect that she had "commanded the said petition to be to the
referred for the consideration of the Secretary of State for the Secretary
of State
Colonies." for the
Colonies.
Additional Rules and Regulations for the several Courts of Additional
Rules and
Vice- Admiralty abroad, established by Her Majesty's Order-in- Regulations
Council , bearing date the 6th July, were published in the Colony for the
Vice-Ad-
on the 21st September. On the 19th July, it was notified that miralty
Court.
Chinese passes would, for the future, be required after 8 p.m., Chinese
instead of 9 p.m. , as recently. Passes.
The Privy Council, on the 19th July, delivered judgment Privy
Council
in the appeal case of Lapraik and Another, appellants , v . appeal.
Burrows, respondent. The appeal was from a sentence of the Lapraik and
Another .
Vice- Admiralty Court of Hongkong made in a cause of posses- Burrows.
sion, civil and maritime, promoted by the respondent, claiming
to be owner of the ship Australia, against the appellants , resi-
dent in the Colony, the registered owners, and at that time in Act 8 and 9
possession of the ship. The Vice - Admiralty Court decreed VictAct .12c. and
89.
possession to the respondent on the sole ground that the Act 13 Vict . c. 29 .
8 and 9 Vict. c . 89 for the registration of British ships , made Decision
applicable to foreign ships by Act 12 and 13 Vict . c. 29 , had of Chief
Justice
not been complied with . The Privy Council reversed the deci- Hulme
reversed.
sion of Chief Justice Hulme . *
The Act 22 and 23 Vict. c . 9, providing for the discharge of Act 22 and
23 Vict . c. 9.
the duties of the Chief Superintendent of Trade during vacancy
of office or absence, was passed on the 8th August .
Jurymen
Jurymen summoned and not actually sitting were in the habit leaving
of leaving the Court without permission, and inconvenience the Court
without
having been caused by that fact, by direction of the Court, the permission.
* See 13 Moore P.C.C. 132.
602 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XXVIII . following notice was published in The Government Gazette warn-
1859. ing the jurymen of the risk they ran in consequence : -
Order of
Court. " NOTICE .
Gentlemen summoned to attend at the Supreme Court as Jurors are hereby
notified , that they are not at liberty, without express leave of the Court (by
Proclamation or otherwise ) to consider their services dispensed with ; that
they can ascertain whether their presence is required or not by applying to
the Registrar of the said Court ; and that if they absent themselves without
leave, they do so at the risk of being fined for such absence.
By Order of the Court,
(Signed ) WM. HASTINGS ALEXANDER,
Registrar."
18th August, 1859 .
This notification by order of the then acting Chief Justice
Death of was ordered to be re- published on the 5th November.
Mr. John
Smithers,
Usher of the Mr. John Smithers, who had been Usher of the Supreme
Supreme
Court and Court as well as clerk and sexton to St. John's Cathedral, died
Sexton to St. on the 6th September. He was, according to the records , much
John's
Cathedral. and deservedly regretted .
603
CHAPTER XXIX .
1859 .
Mr. W. H. Adams appointed Attorney-General, rice Anstey. -His career. - Arrival of
the Governor, Sir Hercules Robinson, and of Mr. Adams. -Mr. Adams' appointment notified.
-Under orders from Secretary of State, he is appointed acting Chief Justice. - Mr.
Green resumes acting Attorney-Generalship. - Supreme Court re-opens at 10 a.m.-- Mr.
Adams' first appearance in Court.- Forgery of the signature of Mr. Adams, acting Chief
Justice.-Arrest of Wong Aloong.-Trial and conviction. -Mr. Adams afforded an early
opportunity of judging the native character. - Ordinance No. 4 of 1860. -The first case
destined to be tried by acting Chief Justice Adams.- Mr. Adams, besides the Governor,
intended to apply the new broom.'-Investigation into repeated accusations made by Mr.
W. Tarrant against Colonel Caine.-- Major Caine's attitude consequent on being in possession
of Mr. Campbell's opinion formed at the inquiry held by him in 1847.—Mr. Tarrant owed his
dismissal from Government to Mr. Campbell. — Mr. Campbell's report produced after being
suppressed for twelve years.- The inquiry by Mr. Campbell in 1847 , how constitutedl. -In-
vestigation by way of charge for libel against Mr. W. Tarrant by Colonel Caine. - On the eve
of his departure Colonel Caine takes up the glove so often thrown at him. -The affidavit of
Colonel Caine leading tothe proceedings for libel against Mr. Tarrant.-The trial. -The ver-
dict. -Defendant ordered to appear for judgment. -Affidavit of Mr. Tarrant in mitigation of
sentence. -The acting Chief Justice's remarks in passing sentence on Mr. Tarrant. Heavy
sentence. -Vindication of Colonel Caine's character. - Defendant had no counsel --An
impartial inquiry.- Colonel Caine's long silence. -Mr. Tarrant believed himself to have
been injured by Colonel Caine.-The conduct of the Government. -The community sup-
ported Mr. Tarrant. -Acting Chief Justice Adams and Mr. Green, acting Attorney-General,
sworn as members of the Legislative Council. -The press excluded from the meeting.-
The Governor's observations as to the constitution of the Council. - Mr. Mercer's notice
of motion on the state of the Hongkong press. -He withdraws his notice of motion. -
Heavy sentence passed on Mr. Tarrant believed to have desired effect. - Ordinance No. 16
of 1860 amending the law relating to newspapers. - Sir H. Robinson and Mr. Adams had
come out with instructions.- The heavy sentence on Mr. Tarrant ascribed to that idea as
well as the exclusion of the press from the Legislative Council. — The Governor's refusal
to ameliorate Mr. Tarrant's condition in Gaol.- The severe treatment meted out to Mr.
Tarrant in Gaol. - Spirit of revenge.- Public feeling that punishment in excess of
offence.- Mr. Tarrant is removed to the hospital ward. - On a visit of Mr. Mercer
and two other Justices of the Peace to the Gaol. Mr. Tarrant is ordered back to
his former cell.-The community decide to take steps.--The Government petitioned to
allow Mr. Tarrant to be confined in the debtor's side of the Gaol. - The petition. - The
Governor's refusal.-His admission that he had requested the visiting Justices to make
inquiry and report. -The minute of the visiting Justices. - The Justices' recommendation
as to Mr. Tarrant.- Agitation begun. - The abominable condition of the Gaol.- Meeting
of the Legislative Council.-The condemnation of the Gaol by Mr. Adams, the acting
Chief Justice. - The Governor's reply.- Meeting of the Justices of the Peace. Amendment
of regulations affecting misdemeanants.- Mr. Tarrant at liberty to receive and send out
letters. Sir H. Robinson taken to task. - The Colonial, Indian, and Home press on Mr.
Tarrant's sentence and treatment. -The Secretary of State approached .--The Duke of
'Newcastle suggests removal of Mr. Tarrant to the debtor's gaol or remission of sentence.
-The despatch.- Mr. Edwin James brings Mr. Tarrant's case before Parliament. — Mr. C.
Fortescue in reply.-A system of libel carried to a great height in Hongkong.'-After
undergoing six months' imprisonment Mr. Tarrant is released.--The fine of £50 paid by
subscription. On his release from the Criminal Gaol. Mr. Tarrant is immediately con-
fined in debtor's prison for costs due to Dr. Bridges. - Dr. Bridges, Shylock-like, thirsting
for his pound of flesh.'- Colonel Caine had engaged the whole bar against Mr. Tarrant-
Dr. Bridges' turn to ' go ' for Mr. Tarrant. -The writ against Mr. Tarrant's chattels , -Mr.
Tarrant lay months in prison under the attachment -- His endeavour to appeal to the
Privy Council.--His property seized and sold.--Appeal to the Queen against the enor
mous costs. Representations to Secretary of State as to renewed ill-treatment of Mr.
Tarrant.- The Duke of Newcastle's reply.--Vindictiveness of Colonel Caine and Dr.
Bridges.--Dr. Bridges' admission.--The public decide to stand by Mr. Tarrant. - A public
604 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
subscription raised on his behalf.-- Incarcerated for over four months for Dr. Bridges'
'little bill.'--Mr. Tarrant's treatment.-The end of the scandalous affair.-- A stigma upon
the administration of Sir H. Robinson.-- Mr. Tarrant and The Friend of China revived.
Mr. Tarrant's death.
Chap. XXIX .
1859. On the dismissal of Mr. Anstey by the Secretary of State,
Mr. W. H.
Adams ap- the Queen appointed Mr. William Henry Adams, who, along
pointed with Mr. Ingram , the proprietor of The Illustrated London News,
Attorney-
General, vice was member for Boston in the late Parliament, to be Attorney-
Anstey . General of Hongkong. He was also Recorder for Derby and
had voted with the Ministers in the division on the Government
His career.
Reform Bill . The following notice of his career is taken from
The Lincolnshire Times, under the heading of " a self-made
man :".
William Henry Adams, Esq ., of Boston, in this county, the new Attorney-
General for the Colony of Hongkong, has ascended the social scale to his
present position thus : -Compositor, reader, reporter, sub-editor, editor, and
newspaper proprietor, barrister, member of Parliament, and Colonial Attorney-
General. Here is an example under our own eyes of what a man with
moderate abilities, and a fair share of industry and energy, may accomplish
in this much-abused aristocratic England of ours.
Arrival of On the 7th September the Governor, Sir Hercules Robinson,
the Gov-
ernor, Sir (who had been knighted before leaving England ) arrived in
Hercules
Robinson , Hongkong by the P. & O. mail steamer Malabar, together with
and of Mr. Lady Robinson and infant, as also did the new Attorney - Gene-
Adams.
ral Mr. Adams, with his daughter Miss Adams. On the 9th
Mr. Adams' it was notified that the Governor bad assumed the duties of
appointment
notified. Government, his commissions being also published and bearing
date the 22nd and 23rd June respectively. On the 9th Sep-
tember also appeared a Government Notification to the effect
that having reported his arrival in the Colony, Mr. Adams
had been appointed Attorney-General by virtue of a warrant
under the Royal Sign Manual."
Under orders On the same date appeared another notification that, “ under
from Secre-
tary of State, orders from His Grace the Secretary of State for the Colonies,
he is ap-
Mr. Adams, Attorney - General, had been appointed acting Chief
pointed
acting Chief Justice until further notice, " and that Mr. Green had " resumed
Justice.
the office of acting Attorney- General held by him previously
Mr. Green to the departure of Chief Justice Hulme. " " Almost his very
resumes
acting first step on taking office was to order the Court to open at ten
Attorney-
a.m. , instead of at twelve, and sometimes one in the afternoon,
Generalship.
Supreme as had hitherto been the case, owing principally to the illness
Court re-opens
at 10 a.m. and by order of Chief Justice Hulme. Much interest was felt
in Mr. Adams's first appearance in Court on the 12th Septem-
ber when he took the Bench for the first time at ten punctually.
* Act 2 and 3 Wm. IV. c. 45.
† Antè Chap. XVI. § 11., p. 394.
COLONEL CAINE CHARGES MR . TARRANT WITH LIBEL . 605
The general consensus of opinion seems to have been one of Chap. -XXIX.
confidence in his firmness and ability. He was described as1859.
being " elderly." Mr. Adams'
first ap-
pearance
How far audacity will carry some people was never more exem in Court.
plified than when a Chinaman named Wong Aloong presented, on Forgery
the 29th September, a few days after the acting Chief Justice's signature of
arrival in the Colony, a forged cheque for $300 in the name of Mr. Adams,
Mr. Adams at the Oriental Bank. This attempt to victimize acting Chief
Justice.
His Lordship was, however, soon frustrated by the Chinaman be- Arrest of
ing taken into custody. Charged at the Criminal Sessions held Wong
Aloong.
on the 18th November with uttering the cheque knowing the Trial and
same to have been forged , Wong Aloong was found guilty and conviction.
sentenced to four years' imprisonment with hard labour. Mr.
Adams had thus been afforded an early opportunity of judging Mr.Adams
afforded
of the character of the criminal classes of the Colony. One an early
result of this case was that the defects in the law relating to opportunity
of judging
bankers' cheques which were discovered at the trial were not the native
character.
long after remedied by the passing on the 16th April , 1860 , of
Ordinance No. 4 of 1860 amending the law relating to cheques Ordinance
o
or drafts on bankers and to amend the law of false pretences. 1860.
Almost the first case destined to be tried by the acting Chief The first
Justice was one that had been the source of considerable scandal to
case
bedestined
tried
in the Colony for a number of years without any notice being, by acting
Chief Justice
however, taken of the matter, and little, probably, did Mr. Adams.
Adams think that as a Judge he would be instrumental, so
soon after his arrival, in applying the new broom ' which
Hongkong so much required , although undoubtedly, by his
appointment as acting Chief Justice under instructions from the Mr. Adams,
Secretary of State, the authorities had in view the early retire- besides the
Governor,
ment of Chief Justice Hulme and therefore intended that Mr. intended
Adams, besides the Governor, should also have a hand in quel toapply
' the new
ling the internal and disgraceful dissensions that had so long broom.
prevailed in Hongkong .
For the first time therefore since June, 1847 , was a full, public, Investigation
and important investigation now made into some of the float- into repeated
accusations
ing accusations of Hongkong, namely, those repeatedly made by made by Mr.
W. Tarrant
Mr. William Tarrant, the editor and proprietor of a local paper against
called The Friend of China, against Colonel Caine, since the Colonel Caine.
suspension and practical dismissal of the former as alluded to
at the period mentioned above, consequent upon charges made
by him relative to Colonel (then Major ) Caine's compradore.
Those charges led to the institution of a charge of conspiracy
against Mr. Tarrant, upon the advice of Mr. Campbell, then
acting Attorney-General, for defaming Major Caine's character,
but the charge, as will be remembered, was subsequently aban-
606 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap -XXIX . doned , * though it led , as before stated , to the subsequent dis-
missal of Mr. Tarrant from his position of Registrar of Deeds.
1859. A full account of this unfortunate affair had appeared in the
local papers at the time and a by-no-means favourable view was
taken of the mode of dealing with it by the Executive . The
following is an account of the matter as published in the early
days : -t
" Had the man (Major Caine's compradore) practised extortion in his own
name the crime would have been less heinous, but he used the name of his
master, thus bringing the character of public officers into disrepute among the
Chinese, or rather convincing them that an English official was no better
than a Chinese mandarin, it being notorious that the latter mainly depend
upon bribes for a subsistence. The following literal translations from the
books kept by the Clerk of the Central Market show that the compradore made
an improper use of his employer's name, and that in so doing he endangered
the character of the Colonial Secretary, not only among the Chinese but also
among Europeans, as the matter was bruited about long before Mr. Tarrant
had the courage to lay it before the head of his department : -
21st July, 1845. Paid Caine duty money,. .$ 100
27th 99 99 Caine, paid (him) duty money, .$500
29th 99 99 Caine's duty- Rupees 455 , $200
1st Aug. Paid Caine duty money, .$200
5th 99 Delivered Caine duty money , .$200
8th Paid Caine duty (English money) .$300
11th 99 99 Caine duty money, $ 100
At other dates there are entries for $ 100 and smaller sums . At the time
these transactions took place Major Caine held the office of Chief Magistrate,
and his compradore had sufficient influence to obtain his signature to a very
high scale of market prices which was regularly published in the local papers,
-the Magistrate, no doubt, believing that he was rendering the public a
service........
Mr. Tarrant was astounded at this revelation, and suspecting that Major
Caine's name had been male use of to cover gross frauds , he requested Wei-
A-foon (the partner of the lessee of the market ) to repeat his statement to
the head of the department, which he did in the same, or nearly the same,
terms. While this was taking place in the office of the Surveyor-General
the Treasury compradore came in threatening Mr. Tarrant with Major
Caine's displeasure ; and after the compradore left, the Major arrived him-
self, and had a long conversation with Mr. Cleverly. When a couple of days
had elapsed Mr. Tarrant inquired of Mr. Cleverly whether anything was to
be done in the matter ; he was told that Major Caine was very angry, be-
lieving his compradore to be innocent and the charges perfectly groundless.
Mr. Tarrant then wrote an official letter to Mr. Cleverly, being desirons that
an investigation should take place lest at a future period it should be said
that he had fabricated the story. A prudent, selfish man would have been
quiet ; a rogue would have felt no concern whether the charges were truc or
false; but as an honest man, Mr. Tarrant felt called upon to expose either a
gross fraud on the part of the compradore, or malignant falsehoods put forth
by Wei A-fcon.
Unfortunately Major Caine took a view which was not to have been ex-
pected in a person of his experience and matured judgment. The charges
* Antè Chap. VII., pp. 143, 150, and Chap. v111., p. 170, and subsequent references.
† See The Friend of China, 30th August, 1848 ; also a previous article id. , 24th
August, 1847.
ORIGIN OF MAJOR CAINE'S AND MR . TARRANT'S QUARREL . 607
brought against his compradore were specific and serious ; if guilty, he Chap. XXIX.
-
ought to have been punished ; if innocent, his accuser Wei A-foon should not
1859.
have been permitted to go scatheless. Had the compradore been put upon
his defence the truth would have been elicited ; and the verdict of a jury
would either have substantiated the charges , or vindicated his character.
This course was not pursued . Assuming that Mr. Tarrant charged him
with acting in collusion with his compradore for fraudulent purposes, Major
Caine prosecuted that gentleman criminally. Mr. Tarrant all along denied.
in an explicit manner that he wished to injure the reputation of Major Caine ;
on the contrary, he was doing him a good service by exposing the knavery
of a person in whom he placed confidence. Mr. Tarrant was summoned to
appear before the Chief Magistrate, and on the testimony of the two com-
pradores (the very men who ought to have been put on their defence ) he was
committed for conspiring to injure Major Caine's character and held to bail
to take his trial at the October sessions. Wei A-foon was examined as a wit-
ness for the prosecution before the Chief Magistrate, but his evidence was
favourable to Mr. Tarrant, and two being required
" to constitute a conspi-
racy, he also was committed as a conspirator."
Mr. Tarrant petitioned the Home Government and for three
years waited to know whether they would confirm what he deem-
ed a flagrant injustice . The Home Government did confirm hist
suspension, and then Mr. Tarrant became an editor . From that
time henceforth , labouring under the impression that he had
been maligned and unjustly treated , he never ceased bringing the
subject forward -for nearly twelve years did he keep the subject
of his treatment constantly before the public, now petitioning
the Governor, then the Chief Justice, upon the subject of his
grievances . Some of his articles were libels, but still Major or
Major Caine's
attitude
Colonel Caine, Colonial Secretary or Lieutenant - Governor , per-
consequent
mitted them to pass unnoticed , his silence throughout resting
on being in
possession of
upon the circumstance that he was in possession of Mr. Camp- Mr. Camp-
bell's opinion, formed upon the inquiry held by him in 1847 , formed
bell'sopinion
at
justifying the course of action adopted by the Government at the inquiry
the time against Mr. Tarrant consequent upon his report as to held by him
in 1847.
the alleged malpractices of Major Caine's compradore . As to
the malpractices themselves, it would appear that certain Chi-
nese in the employ or confidence of Major Caine, had pursued
with success an extensive system of extortion in his name.
His compradore was the principal actor in these operations.
It was not for a moment believed that Major Caine connived
at or was a participator in the nefarious practices , but the
Chinese being under the conviction that he was the principal in
the matter, it had the same effect as if he had really so been ,
the system pursued being represented as precisely coinciding
with the mandarin style of ' squeezing .' Be that as it may, and
This is a mistake. Afoon, or as he is called above Wei A-foon, was never committed
for trial. Mr. Tarrant was alone originally charged and committed, but " two being
required to constitute a conspiracy," Afoon was subsequently brought up on Habras
Corpus to take his trial along with Mr. Tarrant. See the author's note, antè Chap. XII.,
§ I., p. 288, note.
f See antè Chap. XI. , p. 239.
Antè Chap. VII., p . 143.
608 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap . XXIX . as a matter of fact, by whatever object actuated, it was through
1859. Mr. Campbell, of whom so much has already been recorded in
Mr. Tarrant
owed his this work, that Mr. Tarrant directly owed his dismissal from
dismissal Government employ, as the following report, * produced at the
from Gov-
ernment to trial of Mr. Tarrant, twelve years after, clearly shows : -
Mr. Camp- Report and opinion of The Honourable Charles Molloy Campbell,
bell.
Esquire, acting Attorney- General, on the charges brought by Mr.
Mr. Camp- William Tarrant against the Chinese servants of the Government of
bell's report
produced Hongkong, in his letter of the 3rd July, 1847.
after being The Honourable the acting Attorney-General, assisted by C. B. Hillier,
suppressed Esquire, Chief Magistrate of Police, and Daniel Richard Caldwell, Assist-
for twelve
years . ant Superintendent of Police and Chinese Interpreter, on the 6th and 7th
July, 1847, in obedience to Your Excellency's instructions, examined a great
many witnesses, both Chinese and English, nineteen in number, at very great
length. Their names are as follows :-Wei-afo, Lo -een-teen, Atai , Tsoo-aon,
William Tarrant, Charles St. George Cleverly, Surveyor-General, Cheang-
kum-chaong, Wei-acho, Wei-achuen, Wei-aman, Wei-awong, Mg- ho-hoey ,
Cheang-akum , Mg-cheu-kwang, Tam-ayee, Mg -mo-tuck, Wei-wing -kwoong,
Norcott D'Esterre Parker, and Tam-atsoy. On the 8th July, 1847, the
acting Attorney- General, assisted by Mr. Jozé M. Marques, Chinese Inter-
preter to the Supreme Court, read to Tsoo-aon the evidence of Tam-atsoy ,
and took down Tsoo-aon's deposition. Mr. Marques having on the 10th
July completed the translations of various documents which were produced
in evidence, and referred to in the several depositions, the acting Attorney-
General now hands in for Your Excellency's consideration his report and
opinion.
I am of opinion the charges made by Mr. W. Tarrant against the Chinese
servants of the Government, as contained in his letter of the 3rd July,
1847, are groundless and without foundation. After a careful investigation
of the voluminous depositions which were taken by myself, and taking proper
observation of the demeanour of the witnesses during their examination, and
carefully perusing the translations of the Chinese papers furnished by Mr.
Marques, and forming part of the evidence, I am of opinion that Mr. William
Tarrant had taken upon himself a task which it was not in his power to
accomplish. He has been led astray by false rumours and idle conversations,
without a shadow of probability. The written documents now before me,
taken together with the oral evidence, clearly prove this fact that the par-
" ties accused by Mr. William Tarrant of extortion have been in the habit,
" and some of them are still receiving returns in money from the Central
66
Market, but these documents , etc., also prove that these parties were and
66
are entitled to such moneys, as part proprietors of such market." There
are no laws or regulations in Hongkong which prohibit Chinese servants in
the employ of Government from acquiring shares of property in markets.
I am also of opinion that Mr. Tarrant's own evidence is of such a nature
as tends to show that he is not a fit and proper person to continue in Her
Majesty's service . He has by his own admission been in possession of the
rumours and had taken part in the conversations alluded to by him in his
letter, and upon which he bases his charges, for eight or nine months, and
although he has had frequent opportunities of communicating these rumours
and conservations, coupled with insinuations that the practices he complains
of were known and winked at by those whose duty it is to check them, to
the authorities, or even to the gentleman at the head of the department to
which Mr. Tarrant belongs, he, Mr. Tarrant, concealed, and did not com-
municate the same until the time he made his charges against the Chinese
* Taken rerbatim et literatim.
COLONEL CAINE'S LATE DETERMINATION . 609
servants of Government. His letter preferring these charges, and addressed Chap. XXIX .
to Charles St. George Cleverly, Esquire, Surveyor-General, is dated 3rd
1859.
July, 1847. Mr. Tarrant's long silence upon a subject of such grave import-
ance for a period of eight or nine months, and his preferring these charges
after such a lapse of time, throw a suspicious character over the whole of his
conduct, and clearly show that he is influenced by other feelings than those of
zeal for the public service. Viewing the whole of these transactions as a
lawyer, if the charges preferred had been proved, I would equally have given
it as my opinion that Mr. Tarrant was equally guilty as the worst of the
extortioners, merely on account of his knowledge and concealment of the
facts. Supposing that he believed them himself, he would have done right
had he communicated these idle rumours, conversations, and insinuations, to
the authorities, immediately after he heard them.
CHARLES MOLLOY CAMPBELL,
Acting Attorney- General.
Victoria, Hongkong, 12th July, 1847.
A remarkable, though perhaps unfortunate , fact in connexion The inquiry
with the constitution of the inquiry presided over by Mr. by Mr.
Campbell
Campbell, and which no historian could pass over without in 1847 , how
notice, was, that Mr. Campbell was a personal friend of Major constituted.
Caine and, it is believed , owed his position to him, and that both
Mr. Hillier and Mr. Caldwell were particular protégés of his.*
In alluding to Mr. Hillier in the charge of libel now under con-
sideration , Colonel Caine said, in reference to Mr. Hillier, -
" Mr. Hillier was almost like a child of my own, * and it was a
well-known fact that Mr. Caldwell was originally taken into
the service and owed his position and exceptional treatment
therein to that functionary also.t
As will be seen, the result of the present investigation, Investigation
instituted by Colonel Caine by way of a charge for libel by way of
charge
against Mr. Tarrant, originated through a most scurrilous article for libel
against Mr.
in The Overland Friend of China of the 24th August , 1859 , W. Tarrant
animadverting upon a speechof Mr. Anstey at Newcastle, by Colonel
Caine.
most of the accusations of the libel having previously been
6
published by Mr. Anstey in a pamphlet entitled Crime and
Government at Hongkong. Mr. Anstey believing Mr. Tarrant's
version of the dispute with Colonel Caine took up the matter on
arriving in England, but he only mentioned it as an additional
illustration of the abuses of the Hongkong Government , never
adverting to it as appertaining to his own case.
On the eve
On the very eve of his departure from the Colony, this long of his
departure
'libelled ' functionary, Colonel Caine, at last took up the glove so Colonel
often thrown at him , and determined to clear his character of the Caine
up the takes
scandal which had so long attached to his name and which, it is glove
so often
recorded, had caused it to be execrated among the Chinese trading thrown
at him .
See Chap. III. § II., p. 82 note, and Chap. VII. , p. 147, note.
See also Mr. Caldwell's pamphlet refuting charges against him by Mr. Anstey. p. 9.
610 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XXIX, community and others by his allowing the persistently- repeated
1859. rumours to gain credence. The case came on for hearing on
Saturday, the 17th September, 1859 , and , as stated , the proceed-
ings arose out of the article previously mentioned .
The affidavit
of Colonel The matter being of so much importance and being so inti-
Caine mately bound up with the affairs of the Colony up to this period ,
leading
to the quite apart from Colonel Caine who had, in a way, grown up
proceedings with the island at this date, that it is deemed necessary to
for libel
reproduce in full the affidavit of Colonel Caine which led to the
against Mr.
Tarrant. proceedings under consideration , and which is as follows :-
IN THE SUPREME COURT OF HONGKONG.
Crown Side.
I, William Caine, Brevet Lieutenant-Colonel in the Army, make oath and
say :-
1. That I am Lieutenant-Governor of the Colony of Hongkong, and am
at present administering the Government thereof, and that I have success-
ively held the offices here of Chief Magistrate, Colonial Secretary, and
Lieutenant-Governor.
2. That I have perused the hereunto annexed impression of a certain news-
paper entitled The Overland Friend of China, numbered 16 , and bearing
date the twenty-fourth day of August, 1859, and purporting to be printed
and published by Luiz d'Azevedo for William Tarrant, editor and proprietor
thereof.
3. That in such impression, and in the third and fourth columns of the
first page thereof, occur the following remarks, viz.:-
" Notwithstanding the non-arrival of Sir Hercules Robinson, it is under-
stood that Lieutenant-Colonel Caine, who , since Sir John Bowring left, has
filled the post of Governor here, proceeds to England by the outgoing
mail. This is the party referred to by Chisholm Anstey in his speech at
Newcastle (extracts from which will be found on our third page) as ' the
veteran ' from India, whom he had heard declare many a time and oft, found
it easy for officers to add £ 500 per annum to their pay by receiving presents
from natives, and who, Mr. Austey went on to say, had shown by his prae-
tice in Hongkong that he had not profited badly by the lessons so learned
when in India.
" This is extraordinary language to use of a public man, and must necessi-
tate a stringent enquiry. Should that enquiry be properly gone about, the
result cannot be doubtful. Mr. Anstey, it will be seen, bases his charges on
what appears in the book before him, and in the papers to be moved for by
Mr. Edwin James ; but, unless Mr. Anstey is requested by Government to
give his aid to the unravelling of what that book and those papers unfold,
we entertain grave fears for the success to truth of what may be done under
the auspices of Downing Street.
[ Downing Street ! Faugh ! The very name of Downing Street, to victi-
mized Colonists, stinks in our nostrils. If there is one germ of revolution
and danger to the State, which of all others should be first eradicated, that
germ lies in Downing Street. Downing Street, the callous-hearted, blind-
eyed, deaf-cared monster-the pulse which of all others throbs untrue to the
great heart of England. ]
THE AFFIDAVIT OF COLONEL CAINE. 611
" There can be no difficulty, we should think, of substantiating against Chap. XXIX.
Colonel Caine a charge of malversation of office. The proof of this charge
1859.
lies in the inferences to be drawn from his deportment as exhibited by the
papers in question . Colonel Caine's name has been used to obtain money
from the Chinese in all sorts of ways. According to Chinese report he wanted
a dollar a head from each resident in Chinese brothels ; he wanted fees for
keeping99 gambling-tables ; he wanted what was termed hiang gun, “ duty
money, for licences to sell in markets ; he wanted presents for his influence
in Council ; he wanted a full supply of everything for his table from the
market-holders ; on building contracts, he wanted a huge percentage ; on
grants of leases, he wanted sums of various amounts, from one hundred to
five hundred pounds. Even on offices held by Europeans under the Govern
ment he required his thirds, and one of our contemporarios went so far as to
state that in the case of a Mr. Holdforth, who for some time filled the office
of Sheriff, if Mr. Holdforth were to be believed , he got them ! All these
things, we say, the Chinese report, and they believe them to be true. Still
it is just possible that all these reports are untrue ; and certain it is that an
enquiry into the brothel dollar extortion failed in eliciting any support to the
allegations previously made by Chinese to respectable Europeans. * Gambling
tables again are kept by Chinese even under the eyes of the Police, but
there is no proof of fees going into Colonel Caine's pocket for the privilege.
Even in the case reported on page 2 of this paper the Chinese insinuated that
they believed the money extorted went to Europeaus, but would mention no
names .
"As regards the bonuses for leases -supplies for table -percentage on
building contracts- fees for influence in Council, etc., all rest on surmise , or
the assertions of Chinese whom the Government will not believe. Chowh
Aoan, formerly the Treasury compradore, and still a licensed farmer of more
than one monopoly under Government, is the only one that ever told us he
was directed by Colonel Caine to demand money from Chinese for benefits
to be accorded. When taxed with this before the Executive Council, he
denied it, of course ; nor were the assertions of two of his victims as well as
our own, considered to weigh so heavily as his asseveration weighed .
"This is the same man Chowh Aoan, of whom it was proved in the
Caldwell enquiry that he paid $ 550 to Mr. Caldwell's sister-in-law for the
amelioration of his partner's punishment- $50 going to the woman-$500
to some one else -the sentence being reduced from fifteen years' transportation
to two years' imprisonment.†
" All this we repeat, is only report, and Colonel Caine must be one of two
things, either the cleverest rascal that ever lived -a felon for whom trans-
portation would be too light a punishment, or he is a much maligned man,
and deserving of the sinccrest pity.
" This, then, being his actual position, the question naturally arising in the
mind of any impartial person is this-What has Colonel Caine himself done
to obtain relief from such odious imputations ? And the answer is his con-
demnation. The answer is this, and the papers to which Mr. Anstey refers
proved it : That when he had a good opportunity to confront his house com-
pradore, the alleged recipient of much extorted money, with the parties who
charged him, he did not simply allow, but, as appearances go, actually con-
nived at his getting out of the reach of justice. He did worse than this.
Upon not a shadow of basis he charged the Englishman- the oldest subor-
* This, no doubt, is in reference to the charges brought by Mr. Shortrede against
Major Caine, in 1845 , although he was never charged with " conspiracy or libel - see ante
Chap. III. § II., p. 80.
This matter will be found referred to, ante Chap. XXIII ., p. 508 , -the amount paid,
however, being $450 and not $550 as stated above.
4 See ante Chap. VII., pp. 144, 150,
612 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XXIX. dinate officer of Government- who brought the matter to his notice, with the
1859 . crime of conspiring to injure his-his -Colonel Caine's fame and reputation.*
In doing this he effectually burked all attempt to elicit the truth ; and ini-
tiated such a reign of terror among English officials , from the highest to the
lowest, that not one of them (excepting Mr. Anstey) dares to open his mouth,
though extortion might go on in Colonel Caine's name under his very eyes.
"Why to this hour, Chinese reports, coupled with contemptuous laughter,
go that he pays his old compradore a pension for some purpose or other—
this compradore being the man on whose receivings those entries were made
in the Central Market books of " Paid Caine duty money "-" Paid Caine
himself," etc.,- monies to the extent of £500 within one month, all of which
was clear extortion.
“ Such, then, are our grounds for saying that there can be little difficulty
in substantiating a charge against Colonel Caine of malversation of office.
The reports to which we have referred may, as Colonel Caine would have
his friend believe, be all reports and nothing else ; but though the scandal be
but scandal, the extraordinary course which Colonel Caine has taken to rebut
it is so mysterious and reprehensible, that, for it alone , he deserves punish-
ment as a malfeasant. This conduct may be likened to that of the governor
of a castle who, whilst he stoutly maintains the gate, permits the enemy to
enter by another and a prepared way. It was ever his bounden duty to
keep the character of this Government in the eyes of the Chinese pure and
undefiled , and of all things to keep his own hands clean. The hands may
be clean, but what has become of the character ? What is the character of
the Hongkong Government as represented on the name of Colonel Caine ?
" If Colonel Caine is guilty of but a little of what is laid at his door, then
we say that Mr. Caldwell, of whom our Newcastle friends are making so
much noise, is an angel of light when placed in comparison ; and, guilty or
not guilty, it is all the same, for we say it, without the slightest fear of
contradiction, that neither Mr. Caldwell, Dr. Bridges, nor Ma Chow Wong
would ever have dared to act as they did had they not had before their eyes
the spectacle of Downing Street's determination to ignore all complaint, not
simply to ignore complaint, but to visit with pecuniary loss and contumely,
present and prospective, all who dare to intrude complaint on their notice.
“ Oh, for a more than Herculean power to crush that monster, Downing
Street that rival of the worst days of the Spanish Inquisition , or the Ger-
man Vehm !"
4. That by the words Lieutenant-Colonel Caine, Colonel Caine, and Caine,
in such article appearing, I only, and no other person, can be meant.
5. That I never at any time informed Mr. Chisholm Anstey that I had
found it easy for officers in India to add £500 per annum to their pay by
receiving presents from the natives, nor have I at any time said anything to
the said Mr. Chisholm Anstey, or to any one else from which such asser-
tion could be fabricated .
6. That I never at any time wanted a dollar a head from each resident in
Chinese brothels -that I never at any time wanted fees for keeping gambling-
tables -that I never at any time wanted what was termed hiang gun, duty
money, for licences to sell in markets-that I never at any time wauted pre-
sents for my influence in Council - that I never at any time wanted a full
supply of everything for my table from the market-holders, except upon the
usual terms of paying for what I had like other people -that I never wanted
a huge, or any percentage whatsoever on building contracts - that I never, ou
* This, of course, refers to the case originally brought against Mr. Tarrant.
MR. TARRANT CONVICTED OF LIBELLING COLONEL CAINE . 613
the grants of leases, wanted any sum or sums of money, and much less sums Chap. XXIX .
of various amounts from one hundred to five hundred pounds sterling--that 1859.
I never required my thirds, or any proportion or fee whatsoever, on offices
held by Europeans under Government, nor ever did receive any such propor-
tion of either salaries or fees of office of any Colonial servants - that I did
not, in any way, allow or connive at my house compradore getting out of the
reach of justice - that I do not pay my old compradore a pension , and that
I never have been guilty of malversation of office .
7. That the statements in the said Overland Friend of China newspaper,
to the effect that there can be no difficulty of substantiating against me a
charge of malversation of office, insinuating that I corruptly wanted a dollar a
head from each resident in Chinese brothels in this Colony - that I corruptly
wanted fees for the keeping of gambling tables in"" this Colony -that I cor-
ruptly wanted what was termed the " hiang gun duty money for licences,
for persons to sell in market in this Colony-that I corruptly wanted presents
for the improper exercise of my influence as a member of either the Execu-
tive or the Legislative Councils in this Colony -that I corruptly wanted a
full supply of everything for my table from the market-holders of this Colony
(without the usual payment therefor) --that I corruptly wanted a huge per-
centage on building contracts- that I corruptly wanted, on the grant of
leases, sums of various amounts from one hundred to five hundred pounds
sterling, and charging that on offices held by European servants in this Co-
lony, I corruptly required or received a third of their salaries, and that when
I had a good opportunity to confront my house compradore, the alleged reci-
pient of much extorted money with the parties who charged him , I not only
allowed but actually connived at the said house compradore's getting out of
the reach of justice ; and that I deserve punishment as a malfeasant, are
false, malicious, and defamatory libels, and wholly untrue.
Sworn at the Supreme Court House, Victoria, this twenty-fifth day of
August, A.D. 1859.
W. CAINE.
W. H. ALEXANDER,
A Commissioner, etc.
At ten o'clock the acting Chief Justice, Mr. Adams , took his The trial.
seat. Dr. Bridges and Mr. Pollard appeared for Colonel Caine ,
while Mr. Tarrant appeared in his own defence, assisted by Mr.
Hazeland, solicitor. Dr. Bridges , as the reader will remember,
was an intimate friend of Colonel Caine's, and as he too had
good reason to remember Mr. Tarrant for past attacks, as may
be imagined , he left no stone unturned which he thought he
could turn to advantage. The defendant pleaded justification.
The case lasted three days, and on Tuesday afternoon, the 20th The verdict.
September, the jury returned the following verdict : -
" We unanimously find the defendant guilty of the libel charged against
him . And we find also that he has totally failed to connect Lieutenant-
Colonel Caine, in even the remotest degree, with the various corrupt practices
falsely alleged against him therein. " Defendant
ordered to
The defendant was then ordered to appear for judgment next appear for
judgment.
morning at ten o'clock and ordered meanwhile to enter into Affidavit of
recognizances . The next day, Wednesday, the 21st September, Mr. Tarrant
in mitigation
the Court met at ten a.m. , precisely, when Mr. Tarrant handed of sentence.
614 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. - XXIX. in an affidavit for mitigation of punishment, and , after hearing
1859. both Dr. Bridges and Mr. Pollard in reference to some of the
The acting statements in the affidavit, the acting Chief Justice then passed
Chief
Justice's sentence, referring to the various facts of the case as follows :-
remarks in
passing He told the defendant that the affidavit he had handed in, after being
sentence on
Mr. Tarrant, found guilty by a jury of his countrymen (who not only found him guilty,
but found also that he had failed to establish his charges), aggravated his
Heavy
sentence. case, instead of mitigating it. His Lordship then exposed the fallacy of say-
ing that the charges were published for the public good, -and defendant's
saying that it was to induce the Home Government to inquire into them,
because he not only libelled Colonel Caine, but also the Home Government.
His Lordship then remarked , that the libel seemed to be the result of private
feeling ; that he (defendant ) thought himself an injured man, and that he
had all along attacked Colonel Caine as the supposed agent ; and that there
was a strong auimus evident from the whole wording of the article. The
acting Chief Justice then remarked, that the characters of public men were
public property, and that charges made against public men were charges
made against society, and that, therefore, their characters required to be
protected. The defendant had acted thoughtlessly ; he had collected all
the rumours floating about, and published them, without carefully considering
whether they were true or not. He had also acted negligently. A poor man
might steal from necessity, but defendant had tried to rob Colonel Caine of
his good character, at a time when he was going to return to his country
amongst his early friends and relatives, and after he had served his country
for forty-six years. Justice therefore required that the sentence be severe ;
and as he always attended with great respect to the recommendation of a
jury, he was bound to take into his consideration the special finding which
the jury had appended to the verdict, and which would, if possible, induce
him to be more severe ; and the sentence of the Court was, that defendant be
imprisoned in the Common Gaol of this Colony for a period of twelve months,
and pay a fine of £ 50, or be imprisoned for a further period in default.
Vindication
of Colonel The result, as might have been expected, after such a lapse of
Caine's time especially, was a Complete vindication of Colonel Caine's
character.
character, the jury having, moreover, been mainly guided by Mr.
Campbell's finding which was, as is seen , highly favourable to
Defendant Colonel Caine. Throughout the trial , the records show that
had no
counsel. the Court treated the defendant with great leniency, he
not being represented by counsel. In one sense , however,
the circumstances were favourable to an impartial inquiry.
An impartial There was a Judge just out from England who could not be
inquiry.
supposed to have had any prejudice one way or the other :
the jury were mostly merchants of high character and stand-
ing ; there was a mixture amongst them of old and new
residents, and none of them were intimate with Colonel Caine ;
the defendant was allowed every latitude, the matter was
fully gone into, and the result was that the jury felt com
pelled to do even more than find Mr. Tarrant guilty of
libel and brought in a special verdict. No attempt was made
Colonel
Caine's long to substantiate the greater part of the charges brought
silence. against Colonel Caine, and where the attempt was made,
CRITICISMS UPON THE TREATMENT OF MR. TARRANT. 615
it entirely failed . It also appeared that three successive Chap. XXIX,
-
Governors and three Secretaries of State had had their at- 1859.
tention directed to the charges against the Colonel, and had
concluded there was no ground for them, though it seemed a
pity for his own sake that Colonel Caine did not long before,
either by instituting proceedings against Mr. Tarrant or other-
wise, seek to requite the charges instead of allowing them to be
repeated from year to year until the time when the public had
got tired of them and had begun to believe in the truth of them ,
and thus allowed Mr. Tarrant to continue his attacks . The
matter was now, however, thoroughly closed up.
The acting Chief Justice, in a lucid and admirable charge to Mr. Tarrant
the jury, made an observation which showed how thoroughly believed himself to
he had penetrated the true state of the case. It was to the effect have been
Colonel by
that Mr. Tarrant believed himself to have been injured by Colo- injured
nel Caine and thought that any weapons of warfare were allow- Caine.
able against him. Mr. Tarrant was wrong ; but the conduct of
a man labouring under a fancied grievance is not to be harshly
judged when the conduct of those about him , who ought to
enlighten and check him, is such as to sustain the delusion and
to urge him on the course of warfare which he adopted.
In attempting to crush Mr. Tarrant by an absurd prosecution The conduct
for conspiracy ; in getting rid of him by the transparent device of the
Government.
of abolishing his office while its duties still remained to be per-
formed ; in being afraid , to point out the true grounds of his
removal ; and in concealing from public knowledge the investi-
gation which was held at the time into the charges of corruption ,
Government took a course calculated to confirm Mr. Tarrant in
his delusion , to raise suspicion as to the character of the inves-
tigation made, and to give scope for suspicion regarding Colonel
Caine . Again, in backing up Mr. Tarrant with monetary aid The com-
munity
as a public journalist ; in its readiness to entertain slanders , supported
and especially against public men ; in its encouragement of Mr. Tarrant.
violent language and unfounded accusations ; and in refusing to
place confidence in the servants of the Crown and the working
of the public service, the local community, or at least a very
large portion of it, supported Mr. Tarrant in the idea that his
own interests as well as those of justice required him to haminer
away at Colonel Caine with all the rumours or imaginings that
he could pick up. *
Acting
Chief Justice
On the 21st September the acting Chief Justice, Mr. Adams, Adams and
A perusal of Mr. Anstey's pamphlet on Crime and Government at Hongkong (pp.
40-47) shows bow thoroughly he committed himself to Mr. Tarrant's charges against
Colonel Caine, and there can be no doubt that, emboldened by both Mr. Anstey's pamphlet
and speech at Newcastle, Mr. Tarrant brought the present castigation upon himself.
616 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. --
XXIX . and the acting Attorney- General, Mr. Green , having been gazet.
1859. ted to seats on the Legislative Council, were sworn in accord-
Mr. Green, ingly. At this meeting, at which the press were excluded , the
acting
Attorney- Governor made some observations as to the constitution of the
General, Legislative Council, expressing his opinion that for the future
sworn as
members the official members should never bear to the unofficial members
of the
a greater proportion than two to one.
Legislative
Council.
The press The Colonial Secretary, Mr. Mercer, stated that he was
excluded desirous of giving notice of motion on the subject of the press
from the
meeting. of the Colony, and intimated that, with the sanction of the
The Gov. Governor, he would at the next meeting of the Council submit
vernor's
observations a resolution , upon the form of which he would decide when
as to the he handed his written notice to the Clerk of Councils , but
constitution
of the he wished only to state then that his object was to give either
Council. the Council collectively or the members individually an oppor-
Mr. Mercer's
notice of tunity of expressing an opinion on the present state of the
motion on Hongkong press ; but at the adjourned meeting held on
the state the 9th November, he withdrew his notice of motion observ-
of the
Hongkong ing that " under existing circumstances there was not the
press. same necessity as before " (sic) for the motion - doubtless
He with-
draws his conveying the idea that it was thought that the heavy sen-
notice of tence passed upon Mr. Tarrant would have the desired effect.
motion.
Continuing, Mr. Mercer said that " his intention had been sole-
Heavy
sentence ly to provide some substantial security for the public against
passed on the scurrilous attacks of a portion of the press, and the means
Mr. Tarrant
believed to which he had designed to propose for the purpose were such
have desired as no respectable editor would object to. The matter then
effect.
Ordinance dropped, but it was not lost sight of, for on the 20th Novem-
No. 16 of ber, 1860, was passed the Ordinance No. 16 of that year " to
1860,
ing theamend
law amend the law relating to Newspapers in Hongkong .'
relating to
newspapers . The idea prevalent in Hongkong was that both Sir Hercules
Robinson and Mr. Adams had come out with instructions to
put down that disagreeable spirit which had pervaded some
members ofthe community, and the undoubtedly severe sentence
Sir H. Robin- passed upon Mr. Tarrant was ascribed to that idea, supported
son and Mr.
Adams had by the fact of the press being excluded from the sittings of
come out
with instruc- the Legislative Council , and the Governor declining to amelio-
tions. rate the condition of Mr. Tarrant in Gaol, as hereinafter related,
which tended to attach the stigma of cruelty to it . At all
events Sir Hercules Robinson had, as a matter of fact , been
directed at the time of his departure for the Colony to make an
inquiry into the various charges raised by Mr. Anstey, but
cautioned however, against stirring up again " all that mass11 of
mud which appeared to have encumbered society in Hongkong."
See Debate in the House of Lords upon the case of Tam Achoy, Capt. Baker and
others, June 28th, 1860, infrà, Chap. XXX1 .
MR. TARRANT IN THE PRISON HOSPITAL. 617
But men are but human, and justice ought to be tempered Chap. XXIX.
with mercy, and it was to be remembered that the charges which 1839.
Mr. Tarrant had brought against Colonel Caine had been reite-
rated openly over and over again during a period of twelve years ,
and not in a slanderous , behind-the-back manner, and that Mr.
Tarrant probably deserved credit for his consistency, although
he was wrong.
Notwithstanding these facts, however, immediately after the The severe
sentence passed upon him, Mr. Tarrant was taken to the Gaol treatment
meted out
and placed in an ill- ventilated cell " eighteen and three quarters to Mr. Tar-
feet broad by nine and a quarter feet wide, and twelve feet rant in Gaol.
high," along with four other persons (felons and refractory sea-
men ) with whom he was locked up twelve hours out of the
twenty-four and limited strictly to Gaol rations, and subjected
otherwise to severe treatment. No indulgence whatever was
shown him, a treatment far different to that meted out to Mr.
Murrow by Sir John Bowring after his conviction for libelling
him. It is , of course, hardly necessary to add that on his
incarceration Mr. Tarrant's paper, The Friend of China , ceased
to appear and his property, whatever it was worth, was ruined .
Colonel Caine, notwithstanding his conduct in the past in spirit of
not prosecuting Mr. Tarrant, it was justly considered , ought to revenge.
have been satisfied after having had a verdict recorded in his
favour, without the Government now treating the delinquent
with a severity that almost justified the statement that a spirit
of " revenge was being perpetrated upon Mr. Tarrant, to the Public
feeling that
extent that public feeling, little concerned at first so far as the punishment
in excess of
individual himself went, now experienced a re- action that the offence.
punishment was in excess of the offence.
Naturally his state of mind and " the felon's fare " began to is
Mr. Tarrant
removed
tell upon Mr. Tarrant, who, by orders of the prison surgeon, to the
was removed to the hospital ward and a better and more liberal hospital
ward.
diet prescribed for him. The Colonial Secretary, Mr. Mercer,
and two other visiting Justices on a visit to the Prisons were
horrified at finding Mr. Tarrant in hospital, and , questioning the
surgeon , got him to admit that Mr. Tarrant was not actually
ill, although a continuance in his first night's ' pleasant quarters ' on a visit of
No- Mr. Mercer
would probably have had the effect of rendering him so . and two
thing, however, could move the stern visiting Justices . Mr. other Justices
Tarrant was remanded back to his narrow cell and the com- of the Peace
to the Gaol,
panionship of felons and refractory seamen, whose language day Mr. Tarrant
is ordered
after day and night after night was described as being of a back to his
most disgusting nature. The community now decided to take former cell.
618 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XXIX steps in the matter, and, as will be seen, the Jury by whom Mr.
1859. Tarrant was tried, together with some of the most respectable
The com- inhabitants, including members of the Legislative Council and
munity
decide to gentlemen in the Commission of the Peace, petitioned the Gov-
take steps .
ernor, not with a view to shortening the period of confinement
The Govern- but in order to mitigate it so far as to allow of Mr. Tarrant being
ment peti-
tioned to confined on the debtors' side of the Gaol . The following was
allow Mr.
Tarrant to be the petition :-
confined
in the
debtor's side To His Excellency Sir Hercules Robinson, Governor of Hongkong and its
of the Gaol. Dependencies, etc., etc., etc.
The petition. Shewe
th :-
That the undersigned , your humble petitioners, do hereby petition Your
Excellency to ameliorate that part of the sentence passed on Mr. William
Tarrant on Tuesday last, the 20th instant, for libel, by His Lordship the Chief
Justice, viz ., that he be imprisoned in the Common Gaol, to confinement in
the Debtors' Gaol, under the regulations thereof.
Your petitioners further show, that the said Mr. William Tarrant is , or
was, confined in a cell with four convicts.
That your petitioners further show, that Mr. Tarrant was in the said cell
subject to a nuisance of the most disgusting nature, through which your
petitioners believe Mr. William Tarrant was temporarily removed to the
hospital by order of the Colonial Surgeon ; that as your petitioners and the
Colonists in general believe, that His Lordship had not possibly any idea of
the place to which, he, His Lordship, had consigned the said Mr. Tarrant,
would willingly give assent to Your Excellency's merciful consideration here-
in.
That your petitioners only petition Your Excellency that that portion of
the sentence, as hereinbefore mentioned , may be altered to that of imprison-
ment in the debtors' prison.
That your Petitioners do not petition for any amelioration further than a-
before stated. And your petitioners as in duty bound will ever pray, etc..
etc., ete.
Alfred Wilkinson.
R. Muirhead Reddie.
Henry Rutter.
G. J. MacKenzie.
D. M. MacKenzie.
H. M. Beckwith.
G. A. Weiner.
J. Jardine.
J. C. Bowring.
A. Fletcher.
John Dent.
P. Campbell.
J. Rickett.
Robert S. Walker.
Victoria, 29th September, 1859 .
* The stench in the cell was said to be unbearable, attacks from rats, moreover,
rendering deep impossible.
MR. TARRANT REMOVED TO THE COMMON GAOL. 619
This application was refused , the Governor regretting that " it Chap. ---
XXIX.
was beyond his power to comply with the petition, and that when 1859.
it had been brought to his notice that rumours were abroad to the The Gov-
ernor's
effect that William Tarrant was illegally treated , His Excellency refusal.
had requested the visiting Justices for the week to make inquiry His admis-
and furnish a report, " --a copy of which he now forwarded for sion that
he hal
the information of the petitioners who, the Governor thought, requested
would be glad to learn that they had been misinformed as to the visiting
Justices
the facts of the case." The following was the minute of the to make
inquiry and
visiting Justices before alluded to : - report.
MINUTE. The minute
of the
Mr. Mercer and Mr. Lyall, the visiting Justices for the current week, paid Justices.
visiting
a visit of inspection to the Gaol this day, accompanied by Dr. Murray, Colo-
uial Surgeon, and, in accordance with the desire of His Excellency the
Governor, made inquiry into an alleged grievance or complaint, touching the
imprisonment of William Tarraut, under sentence for libel.
Tarrant was admitted into prison on Wednesday, the 21st, and was placed
that night in a cell with four others, three of whom were light sentence men,
and the other a deserter from Her Majesty's Navy.
The Colonial Surgeon, on Thursday morning, 22nd instant, found Tarrant
in a state of excitement, and removed him to the hospital, where he still re-
mains.
It is manifestly impossible - it would be positively indecent, and inhuman,
to admit distinction or classification of crime in hospital, the comforts of
which must be shared alike by felon and misdemeanant, when in a state of
sickness . William Tarrant therefore being in hospital has no grievance on
the score of confinement with felons, and this was the only complaint made
by him, when the visiting Justices questioned him.
The only period then of his imprisonment which affects this inquiry, is the
night of his admission into Gaol, when he was placed with four others, one
of whom, the deserter, might possibly not have been there, had the Gaol
accommodation permitted otherwise .
But until the Gaol extension, already commenced shall be completed, the
classification of prisoners, contemplated by the Gaol Regulations cannot be
fully carried out, and the body of Justices in revising the regulations per-
ceived this, and took especial care to legalize the neglect of classification :
by directing that such classification should be made so far as the Gaol
accommodation permitted.
If desertion be felony Mr. Scott, the Gaol Governor, seems to have been
naware that it is so, but notwithstanding this there was nothing illegal in
Tarrant's confinement on the night in question, nor did the visiting Justices
understand the prisoner to make this a grievance, further than some annoy-
ance which he represented himself to have suffered from rats.
Dr. Murray says that he placed Tarrant in hospital out of kindness to him.
admits that with the best intention he stretched his authority, and pronounces
Tarrant in perfect health, and with no claim in strictness to hospital privi-
leges.
Under these circumstances the visiting Justices have no alternative but to
direct that Wm. Tarrant be placed in that part of the Gaol to which his sen-
tence consigns him.
620 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XXIX . Mr. Scott is therefore desired to set apart the upper portion of the block
1859. known as building C. for European misdemeanants and remove Tarrant
thither, unless His Excellency the Governor shall direct otherwise after
perusal of this report.
This will keep Wm. Tarrant entirely separate from felons, and place him
with offenders of his class.
His removal to the Debtors' Prison, which has been publicly suggestel ,
cannot be considered by the visiting Justices, as it is certainly not within
their province to interfere with the character of a judicial sentence.
W. T. MERCER,
Justices of the Peace for the
GEO. LYALL ,
THOS. C. LESLIE,* Colony of Hongkong .
The Justices' The Governor, not considering himself entitled to modify, in
recommenda-
tion as to other words refusing to interfere with , the sentence passed upon
Mr. Tarrant. Mr. Tarrant, the latter was, in accordance with the recommen-
dation of the visiting Justices headed by Mr. Mercer, the Colo-
nial Secretary, " placed in that part of the Gaol to which his
Agitation sentence consigned him. " But agitation now began earnestly
begun.
The abomin- both in and out of the Colony, and matters were not to be left
able where they were. The abominable condition of the Gaol came
condition in for severe criticism .
of the Gaol.
Meeting At a meeting of the Legislative Council held on the 9th
of the
Legislative November, the acting Chief Justice, Mr. Adams , who had
Council.
passed sentence upon Mr. Tarrant, inquired " if anything could
The condem-
nation of the be done to expedite the enlargement of the Gaol . He had exa-
Gaol by Mr. mined the Gaol and thought of all the buildings of the kind he
Adams, the
acting Chief had ever seen, it was the least fitted for the purpose for which it
Justice. was intended. It was certainly well fitted for inflicting punish-
ment on the prisoners confined there, but not so as regarded
the more important point of reformation ." The Governor re-
The Gov- plied " that it was scarcely possible to hurry on the building
ernor's reply.
more than was being done, and that the Surveyor - General was
supplied with all the funds which he could employ for the pur-
99
pose. Remonstrances , however, were not altogether made in
vain .
Meeting of At a meeting of the Justices of the Peace held on the 16th
the Justices
of the Peace. November the Gaol regulations affecting misdemeanants were
Amendment amended , and Mr. Mercer backed out of the false position in
of regulations which he had placed himself.
affecting Misdemeanants were subdivided
misdemean into two classes, and those convicted of libel were " not to be
ants.
compelled to do more work than the ordinary prison work ne-
Mr. Tarrant cessary for the preservation of the cleanliness and comfort of
at liberty their rooms or cells," and Mr. Tarrant was at liberty to receive
It will be noticed that Mr. Leslie's name is not mentioned at the commencement
of this minute.
THE SECRETARY OF STATE ON MR . TARRANT'S CASE . 621
and send out letters without these being inspected by the Gov- Chap. XXIX.
-
ernor of the Gaol . So far this was an amelioration in his con- 1859.
dition, and Sir Hercules Robinson was taken to task for allow to receive
" and send out
ing himself to be overruled by " the pernicious social clique " letters.
in Hongkong, and undoubtedly a just regard for the prerogative Sir H. Robin-
of the Executive might have been exercised without any com- son taken
to task.
promise of dignity and as affording an opportunity of initiating
His Excellency's administration with some degree of éclat ; and
the imputation of yielding to the pressure of public opinion or
of the press could have been avoided.
Mr. Tarrant's sentence and treatment were taken up not The Colonial,
only by Colonial and Indian papers but the press in England Indian,
Home preand
ss
also took the matter up warmly, and it was eventually brought on Mr. Tar-
rant's
before Parliament. sentence and
treatment.
The attention of the Secretary of State had also been called The Se-
not only to the severe sentence passed upon Mr. Tarrant, but gretary
State of
to the effect it would most likely have on his health, considering approached .
the state of the Gaol.
While approving of the Governor's attitude and directing the The Duke of
Governor's attention to the fact that " the society of Hongkong suggests
Newcastle
must be protected from the reckless libels which had so long removal of
poisoned the very atmosphere of the Colony," the Duke of Mr. Tarrant
to the
Newcastle directed the removal of Mr. Tarrant to the debtor's debtor's
gaol or
gaol and suggested for consideration that half of the sentence remission
should be remitted . The following despatch of the Secretary of sentence.
The despatch.
of State on the subject will be found of interest : ----
Downing Street, 22nd December, 1859.
Sir.
With reference to your Despatch, No. 11 , of the 27th September, reporting
the trial of Mr. Tarrant for a libel on Lieutenant-Colonel Caine, and the
sentence passed on him, I have to inform you that representations have been
made to me in this country from various quarters, some of them entitled to
consideration, to the effect that Mr. Tarrant's health is likely to suffer mate-
rially by his confinement in his present custody.
I have no ground for casting any doubt on the justice of the verdict or of
the sentence, or of your own conduct in persevering ( as you are reported to
have done) in the performance of what you must have felt as a painful duty,
that of resisting the applications of those who have sought for a mitigation
of the punishment from yourself.
But if there should be real and serious danger to the health of the prisoner,
I wish you (unless, as is possible, you have in such case anticipated my
wish) to have him transferred at once to the debtor's gaol.
And if there be no such apparent danger to his health, I still think, regard
being had to the general rule of punishment for offenders of this description ,
that no detriment to justice will arise from his being removed to the debtor's
gaol as soon as one half of the term of his sentence has expired ; that is, in
the course of March next.
622 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XXIX . It has been urged upon me by some, who disavow the slightest sympathy
with Mr. Tarrant's writings and conduct, that the latter half of his sentence
1859.
should be altogether remitted , and that he should be discharged from prison
before the commencement of the hot season. I must leave to your discretion
and local information how far such an act of leniency could safely be extend-
ed, feeling sure that on the one hand you will not suffer any vindictive influences
to weigh against the prisoner, and on the other, that you will bear in mind
that the society of Hongkong must be protected from the reckless libels
which have so long poisoned the very atmosphere of the Colony.
I have, etc. ,
(Signed ) NEWCASTLE,
Governor Sir H. ROBINSON.
Mr. Edwin Shortly after, Mr. Edwin James brought Mr. Tarrant's case
James brings
Mr. Tarraut's before the House of Commons, when Mr. C. Fortescue said
case before " that Mr. Tarrant had been treated with every possible leniency,
Parliament.
and the rules of the Gaol had been altered in his favour. It was
Mr. C.
Fortescue true that the Gaol was one which urgently required impro-
in reply. vement, but that this was going on. The exercise of the
discretion of the Governor was very difficult in the case of a
libel carried system of libels, which had been carried to a great height in
A system of
to a great Hongkong, but directions had been sent out to adopt any course
height in of remission of the sentence of Mr. Tarrant which was considered
Hongkong.'
advisable ." The reference here was no doubt to the despatch
reproduced above.
After under- On the 20th March, 1860 , after undergoing exactly six
going six
months' months' imprisonment. Sir Hercules Robinson remitted the
imprison- remaining other half of the sentence of imprisonment against
ment Mr.
Tarraut is Mr. Tarrant , though the other portion of the sentence inflicting
released. a fiue of £ 50 was exacted . This remission of part of the
The fine of
£ 50 paid by sentence of imprisonment was due, no doubt, to the sugges-
subscription. tion ofthe Secretary of State, the acting Chief Justice , Mr. Adams,
having, moreover, stated that had he known of the condition of
the Gaol at the time, he would not have passed such a heavy
sentence .
On his But Mr. Tarrant's troubles were far from being at an end ; on
release from
The Criminal the contrary, they were but just beginning again. For, on his being
Gaol, Mr. released from the Criminal Gaol , the fine of £ 50 imposed upon
Tarrant is
immediately him , having been paid by subscription, Mr. Tarrant was imine-
contined in
debtor's diately removed to the debtor's prison for costs due to Dr. Bridges.
prison for consequent upon his trial, and confined in a room twelve feet
costs due
to Dr. square ' with two sailors, one Irish and the other a Swede ! A
Bridges. Justice of the Peace who called to see him, upon remonstrating
with the Governor of the Gaol, was told that Messrs . Mercer and
Lyall were the visiting Justices that day and he should be guided
by them in the matter. Mr. Tarrant was, of course, not in a
position to meet the heavy costs taxed against him , which
amounted to $2,263 .
MR. TARRANT RE - IMPRISONED FOR DR . BRIDGES ' COSTS . 623
Dr. Bridges was now the real complainant, and he, Shylock- Chap. XXIX.
like, thirsting for his pound of flesh, felt that his chance had 1859.
come, and determined upon enjoying it to the full. Colonel Dr. Bridges,
Shylock -
Caine had engaged the whole Bar against Mr. Tarrant, * and had like, thirsting
won his ' victory ; ' it was now Dr. Bridges turn to have his for his pound
' shot ' at Mr. Tarrant for past ' attacks .' The following is taken of flesh.
Colonel
from the writ issued by Dr. Bridges against Mr. Tarrant's Caine had
chattels :- engaged the
whole bar
against Mr.
Victoria, etc. To the Sheriff, etc. We command, etc., goods and chattels Tarrant.
of William Tarrant cause to be made $2,263 which William Hastings Alex- Dr. Bridges
ander, Esquire, the master of the Crown Office in and for the said Colony turn to go
who prosecuted for ourself in this behalf lately etc. , together with twelve per for Mr.
cent . from 29th September, 1859, and have etc. to be rendered to William Tarrant.
Hastings Alexander, the master of the Crown Office, and that etc. The writ
against Mr.
Witness W. H. Adams, the 15th February in the 23rd year, etc. Tarrant's
chattels,
(Signed ) N. R. MASSON,
Deputy Registrar.
This writ was issued by W. T. Bridges . Levy $2,263 , etc., besides $3 for
the costs.
Mr. Tarrant
Months went by and Mr. Tarrant lay in prison under this lay months
attachment. During that time he corresponded with several under in prison
the
lawyers and also with the Government, endeavouring to arrange attachment .
His endea-
the preliminaries of an appeal to the Privy Council. vour to
appeal to the
Before this his property had been seized and sold by the Privy
Council.
Sheriff at public auction. His arrangements for starting his His property
paper again were frustrated . He lodged an appeal to the seized and
sold.
Queen against the enormous amount of the costs , offering to
find security for his appearance when the same should be Appeal to
the Queen
decided ; this was also refused . Representa tions were again against the
enormous
made to the Home Government by Mr. Tarrant as to his renew- costs.
ed ill-treatment in Hongkong, and in a despatch dated the 21st Representa-
tions to
June, 1860, a representative of Mr. Tarrant's in England was Secretary of
informed that the Duke of Newcastle " had not yet received any State as to
renewed
despatch from the Governor of Hongkong respecting the com- ill-treatment
plaint forwarded by Mr. Tarrant. His Grace had no doubt that of Mr. Tar-
rant.
the Governor would exercise a proper discretion on the subject The Duke of
of Mr. Tarrant's complaints , but will be prepared to address a Newcastle's
despatch to the Governor, recalling his attention to the case , reply.
evidently in ignorance of the fact that Mr. Tarrant was now
* Apart from the amalgamation of the two professions which existed at this period .
the Bar then consisted of Mr. Green, acting Attorney-General, Dr. Bridges, Mr. Kingsmill,
and Mr. Pollard. Mr. Kingsmill does not appear to have taken any active part in the
case against Mr. Tarrant, but he too apparently had been retained on behalf of Colonel
Caine. See the acting Chief Justice's speech in the Legislative Council on the 17th Nov-
ember, 1860, on the passing of Ordinance No. 16 of 1860, relating to the Press, and to the
disapproval he expressed at the whole Bar being retained by a prosecutor in a libel case--
Chap. XXXI., infrà.
624 HISTORY OF THE LAWS, ETC. , OF HONGKONG.
Chap. XXIX . being detained in prison on a question of costs for which Colo-
1859. nel Caine and Dr. Bridges alone were responsible . This illus-
Vindictive- trated most conclusively that the incarceration of Mr. Tarrant
ness of
Colonel was entirely an affair between Colonel Caine and Dr. Bridges,
Caine and
and simply indulged in for the gratification of the vindictiveness
Dr. Bridges, of the latter, if not of both. In fact, Dr. Bridges acknowledged
Dr. Bridges'
admission. that he had not incarcerated Mr. Tarrant for the sake of making
him pay a just debt, and that money was no object if ulterior
motives be obtained . He stated he would give the money to the
charities if the costs were paid , and subsequently offered to forgo
the entire amount if Mr. Tarrant would quit the Colony ; and Mr.
Tarrant, in reply, on the other hand offered to allow all matters
between Dr. Bridges and himself to drop , ifthe latter would leave
the Colony and never return to it. Dr. Bridges, being obdurate
The public
decide to in his determination to keep Mr. Tarrant in Gaol and seeing the
stand by Mr. cause which had overthrown him, and Mr. Tarrant the contemp-
Tarrant.
tible conduct of his oppressors who had had their innings to
A public their hearts ' desire, the public, moved to pity, decided to stand
subscription
raised on by Mr. Tarrant and again accorded him that support which
his behalf.
will ever recoil on those who may be said to have forfeited
all consideration, from the petty spite they so shamefully in-
dulged in.
On Saturday evening, the 4th August, 1860, Mr. Tarrant
was released from Gaol, having met Dr. Bridges ' bill of costs
fully, by a public subscription raised in his behalf.
Incarcerated But for this public demonstration Mr. Tarrant would have
for over four remained in prison for a considerable time longer-as it is he
months for
Dr. Bridges' had been incarcerated for over four months on account of Dr.
Bridges' ' little ' bill of costs , repeatedly denounced locally as
'extortionate .'
Mr. Tarrant's Mr. Tarrant's treatment was entirely characterized by injus-
treatment.
tice at first, partly for the sake of example, and afterwards by
spoliation and vengeance. He was first crippled by criminal juris-
prudence and then swamped with debt by civil process with in-
terest piled at twelve per cent. per annum from the date almost
of his incarceration which the acting Chief Justice and Jury
in vain attempted to alleviate, the bill of costs, moreover, having
A stigma So ended this scanda-
upon the been considerably reduced on revision .
administra. lous affair which not unnaturally cast a stigma upon the adminis-
tion of Sir
H. Robinson, tration of Sir Hercules Robinson at its very commencement.
As Colonel Caine was in reality Dr. Bridges' debtor for the
costs, and as a considerable portion of them were fees of counsel
earned by Dr. Bridges' coadjutor in the case, it would appear
as if Dr. Bridges had assumed the debt, simply for the purpose
of wreaking his vengeance .
MR. TARRANT'S CAREER AND DEATH . 625
On his discharge from prison , Mr. Tarrant, meeting with Chap. XXIX.
sympathetic friends , was able to start afresh in his old pursuits , 1859.
but his chequered career was not of much longer duration in Mr. and Tarrant
The
the Colony ." Friend of
China
Mr. Tarrant died in London on the 26th January, 1872, and the following obituary rerived.
Mr. Tarrant's
notice, taken from a local paper of the time, cannot fail to prove interesting : -" We regret death.
to observe, in The London and China Express, an obituary notice of Mr. William Tarrant,
well known as editor of The Friend of China newspaper. We believe few will hear of
his death without regret, as even those who disagreed with a portion of what he wrote
must admit that he was actuated by fair motives, though he was somewhat embittered by
the sense of wrong suffered in his earlier years." The London and China Express con-
tained the following notice : - " Few persons have passed through a more eventful career
than William Tarrant, who died in London on the 26th January. Arriving in China in
1837 , he was for a few years in the coasting trade. On the cession of Hongkong he ob-
tained an appointment under Government in the Land Office, and superintended the
cutting of that well known pass into the Wong-nei-chong Valley, and many other of the
early roads and works of Hongkong. From this he passed to the office of Registrar of
Deeds, including the drawing up of the leases and superintendence of sales of Crown lands
in the town, at that time very onerous work. He was a most faithful and indefatigable
servant of the Crown, and much appreciated by his superiors. His career of usefulness
in this way was cut short in 1847, by his denunciations of the conduct of the late Colonel
Caine, then Colonial Secretary, in certain transactions with the Chinese in the farming
out of market licences, in which Mr. Tarrant asserted that bribery had been accepted by
this official. He was arraigned before the Supreme Court for conspiracy and dismissed
from the Government service. He then, with aid of friends, purchased The Friend of
China newspaper, which he conducted in Hongkong up to 1859, when he was sentenced to
twelve months' imprisonment in a libel case against the same Colonel Caine. Shortly
after he removed his paper to Canton, and in 1862 to Shanghai. In 1869 he sold The
Friend of China, which shortly afterwards succumbed. He arrived in London in 1870,
much debilitated, and has suffered more or less since to the time of his death." At a
meeting of subscribers to and persons interested in the City Hall, Hongkong, on the
26th August, 1872, it was announced that the late Mr. Tarrant had bequeathed to the City
Hall Library, a complete file of The Friend of China which was then in transitu from
England. Mr. Tarrant, it may be added, was also the author of an Index to the Ordi-
naifces of Hongkong (antè Chap. XII. § 1., p. 280) and of a small book called The Early
History of Hongkong , to the close of 1844, published in Canton in 1862, and which
contained a series of articles reproduced from The Friend of China.
626
CHAPTER ΧΧΧ .
1859-1860 .
SECTION 1.
1859 .
Departure of Colonel Caine. - His career. - Complimentary addresses from Chinese and
Indians.-The Illustrated London News on the mirror which the Chinese presented to
Colonel Caine. -Remarkable coincidence on the departure of Colonel Caine.---Chief Justice
Hulme in 1847, fighting a libellous charge against him by Governor Davis aided by Colonel
(then Major) Caine.-- Colonel Caine's pension and death.- Notification regarding the
admission of persons within the Bar of the Court and the arrangement of seats.- Order
of Court re writs of capias ad respondendum and rules to be observed in the drawing of a
special jury in civil cases.--Resignation of Mr. Green, acting Attorney-General, through
ill-health.-- Mr. Kingsmill gazetted to act.-Dr. Bridges no longer eligible for Govern
ment employment. - Conviction of P. S. Kelly for extortion. - Increase of pay to the
Registrar and Deputy Registrar of the Supreme Court, and to the Crown Solicitor.
SECTION II.
1860 .
Mr. Kingsmill, acting Attorney-General, objects to Mr. Hazeland appearing as counsel
in a case wherein his partner, Mr. Cooper-Turner, was the attorney. -Ordinance No. 12 of
1858, s. 3. - The acting Chief Justice upon the point. - Removal of Chief Magistrate's
Court pending repairs. - The Magistracy at the present day described. -Order of the Queen
in Council providing for the exercise of jurisdiction over British subjects in Japan. -Act
6 and 7 Vict. c . 94. -- Order of the acting Chief Justice that Cause List be gone through
in regular order.
Ch. XXX § 1.
Departure COLONEL Caine, whose sinecure appointment as Lieutenant - Gov-
of Colonel ernor was abolished upon the separation of the Superintendency
Caine.
of Trade from the Governorship of Hongkong on the arrival of
Sir Hercules Robinson, and who had put off his departure in
order to prosecute Mr. Tarrant for his old and oft - repeated
personal attacks , took his final departure from Hongkong for
England on the 28th September. 1859, by the P. & Ö. Steamer
His career. Singapore. He was born in India, and had begun his career
there as a boy in 1804 , when Lord Lake was fighting with Hol-
kar, and ere the Mahratta country, the North- West Provinces,
Gujerat, and, in fact, the greater part of our present possessions
in India had fallen under British power. Mention has before
been made in this work of his military services in India , * where
he served with distinction either on the staff, or immediately
under the eyes of several of the most distinguished General
officers who there held commands. When he first came to
* See antè Chap. III. § III., p. 112.
CAREER OF COLONEL CAINE . 627
Hongkong in 1841 , there were only a line of matsheds along Ch. XXX § I.
the beach where Queen's Road now is, and a few huts in the 1859.
place occupied at the time of his departure " by the garden of
Messrs. Dent and Co. , " and on the first occupation of the island
he lived in a matshed. *
As Chief Magistrate, Colonel Caine adopted a very decided
military line of action and made his naine respected , if not
feared, among the Chinese . Sir Henry Pottinger, writing
to the Duke of Wellington on his behalf, offered " the
strongest testimony to his unceasing zeal and laborious ex-
ertions combined with great judgment. Up to the conclu-
sion of the war, the safety and well- being of Her Majesty's
subjects, who had located themselves on the island, were mainly
owing to his individual efforts and example." Sir John Davis ,
in 1846 , made him Colonial Secretary in succession to Mr.
Bruce, and on going to Canton in 1847 left him as Comman-
dant and acting Governor. He held the Colonial Secretaryship
till April . 1854 , when he was appointed Lieutenant - Governor,
from which time he had almost nothing to do , though undoubt-
edly Sir John Bowring had found his experience and advice
on most occasions of considerable value. Of his private life and
many other facts in relation to him -allegations as to which were
made when he was in office and which were never contradicted
-the less said the better, especially having regard to the un-
doubted good which he in many ways did to Hongkong in the Compli-
earlier days of his career, and both for his own sake and for addresses
mentary
that of the Colony, quite apart from the infirmities of years from
which had now crept in, it was well that his connexion with Chinese
Hongkong was now severed. Before leaving, the inevitable The Mus-
complimentary addresses were presented to him by the Chinese trated London News
and Indians of the place . In alluding to this in its number of the on the mirror
which the
14th April, 1860 , The Illustrated London News also gave an en- Chinese
graving of the mirror which his Chinese friends had presented to presented
Colonel Caine, " for whom," added the Journal, " no doubt he Caine.
to Colonel
had done many a good turn- (sic ) , words which, it may be add-
ed, did not fail to be wrongly construed locally.
A remarkable coincidence on the departure of Colonel Caine, Remarkable
coincidene :
which one cannot help noticing at this stage, was the similarity on the
of his position when compared with that of Chief Justice Hulme departure
Colonel of
in December, 1847 , leaving for England there to fight a libellous Caine.
charge which had been brought against him by Governor
* See also note to Chap. III § III., p. 113, infrà.
For purposes of record in this respect, the reader is referred to The Hongkong Daily
Press of the 10th February, 1860 ; 3rd July, 1861, and 17th June, 1863 ; The Friend of
China, 9th November, 1861, p . 696 ; The Early History ofHongkong, W. Tarrant, 1862, p. 12.
628 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. XXX § L. Davis under scandalous circumstances aided and abetted by
1859. Colonel ( then Major) Caine. Fate is truly singular in some
Chief
Hulme Justice things, and this was never more exemplified than in this case.
in 1847 , Although the unfortunate Chief Justice had to proceed Home
fighting a to clear himself of the libel, the sting of the charges of which
libellous
charge Colonel Caine had cleared himself in Hongkong still remained
against
him by in England, where Mr. Anstey, in his animosity to Colonel
Governor Caine, had not failed in his pamphlet on " Crime and Govern-
Davis aided
by Colonel ment at Hongkong, " as well as in speeches, to vilify Colonel
(then
Caine. Major) Caine in regard to those very accusations of Mr. Tarrant, and
as to which a local journal, while commenting upon the result
of the case against the latter, said that " a jury had gone out of
their way by acquitting him, on leaving, of the charges laid at
his door for years, although they saw that his opponent had all
the Bar retained against him, and although they knew that the
barrister who acted as the Colonel's counsel was actuated by
pure animosity against the said opponent. Concluding, the
paper added, " the result was an outrage for which the society
of this Colony is responsible ."
Colonel
Caine's On his retirement, Colonel Caine was allowed the splendid
pension pension of £ 2,250 per annum (due probably to the abolition of
and death.
his office ) he living many years to enjoy it. He died at the end
of 1871. *
Notification The following notification , regarding the admission of persons
regardingthe
admission within the Bar of the Court and the disposal and arrangement of
of persons
within the seats in the body of the Court, was published on the 5th Nov.
Bar of the ember, 1859 , and, taken in connexion with the board mentioned
Court
and the in January, 1852, † will be found of interest : -
arrangement
of scats. NOTIFICATION.
In consequence of the great inconvenience and noise caused by persous
crowding the space within the Bar of the Court, it is necessary to notify to
the public, that it is the intention of the Court to insist upon the observance
of the Rules regarding the admission of persons within the Bar, and which
rules are as follows, viz.:-That no person has any right of entry within the
Bar except the members of the Legal Profession , Members of Council, Jus-
tices of the Peace, Reporters for the Press, and parties in the cause , who are to
enter by the stairs at the right-hand corner to the hall of the Court House-
the Judge's private entrance being at the left-hand corner. Any person, not
entitled to enter within the Bar and wishing to do so, should send in his card
(or name) for submission to the Chief Justice .
The chairs on the raised platforms in the body of the Court are for the use
of the European, and benches in the centre for the native, community.
By Order of the Court,
W. H. ALEXANDER,
Registrar.
* Colonel Caine died on the 19th September, 1871 , at the age of seventy-three. He
had for some time previously been attacked with paralysis.
† Sec Ante Chap. XII. § III., p. 319.
LAW PARTNERSHIPS . 629
An order of Court dated the 14th November, relative to writs Ch. XXX § I.
of capias ad respondendum and rules to be observed in the draw- 1859.
ing of a special jury in civil cases, was passed by the Legislative Order of
Council on the 21st of the same month and published on the Court re
writs of
26th. capias ad
responden-
dum and
Mr. Green, the acting Attorney-General, now found himself rules to be
observed
compelled to resign his high position in consequence of ill- in the
health . * Indeed , at the time of his appointment in September, drawing of a
special jury
1858 ,† it was thought that he was not in a fit state of health to in civil cases.
hold office long. He, however, during his tenure of office, did Resignation
much credit to himself and had as recently as the 12th Novem- of Mr. Green,
acting
ber, 1859 , been gazetted to the Executive Council. In conse- Attorney-
quence of his resignation, Mr Kingsmill was, on the 16th General through
December, gazetted in his stead, with a seat in the Legislative ill-health.
Council , Dr. Bridges evidently being no longer considered eligi- Mr.
Kingsmill
ble for Government employment . gazetted
to act.
At the Criminal Sessions held on the 19th December, Wil- noDr. Bridges
longer
liam Kelly, a Police Sergeant, charged with extorting fifty eligible for
dollars, was sentenced to two years' imprisonment with hard Government
employment.
labour. Conviction
of P. S.
Kelly for
On the 21st November the Legislative Council considered extortion.
applications from both the Registrar of the Supreme Court and Increase of
the Crown Solicitor for increases of salary. The former drew Registrar
the
£ 600 a year, while the latter was in receipt of £ 150 per annum . and Deputy
Registrar
The official and unofficial members of Council considered the
Registrar's pay inadequate, and on the 26th December, the Supreme
Court, and
committee on the Estimates recommended that the Registrar's to the Crown
salary be increased to £800 per annum ; that of the Deputy Solicitor.
Registrar to £450 ; and that of the Crown Solicitor to £300 .
Ch . XXX § II.
1860.
On the 3rd January, 1860 , on a case which had been set down Mr. King-
for trial being called on, the acting Attorney- General, Mr. Kings smill, acting
mill, addressing the acting Chief Justice, said he had to call His Attorney-
General, ob-
Lordship's attention to the fact that Mr. Hazeland , who appear- jects to Mr.
ed for the defendant, was the partner of Mr. Cooper - Turner, the Hazeland
appearing as
attorney in the cause, and therefore was ineligible to act as counsel in a
advocate in the case, the language of section 3 of Ordinance No. case wherein
his part ner,
12 of 1858 being perfectly clear upon the point. Mr. Pollard , Turne
Mr. Cooper-
r, was
counsel for the plaintiff, remarked that on the previous day he the attorney.
had rather incautiously promised that he would not object to Ordinance
No. 12 of
See his death noticed in Vol. II., Chap. XXXVI. 1858 , s. 3.
↑ Antè Chap. XXIV., p. 539.
Section 3 "And no attorney having a law partner shall be allowed to act as
barrister in any matter where himself or his said partner is, or shall be, retained or acting
as attorney."
630 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. XXX § II . Mr. Hazeland appearing, but at that time the section to which
1860. the acting Attorney- General now referred did not occur to him.
Mr. Hazeland applied to His Lordship to adjourn the case to
enable him to instruct counsel. Mr. Pollard said he was quite
prepared to go on and that the other side should have known
that it was their duty to obtain counsel.
The acting
Chief Justice The acting Chief Justice said he thought it would be unfair
upon the to force on the case under the circumstances , as Mr. Pollard had
point. himself led Mr. Hazeland to believe that no objection would be
made to his appearing as advocate. His Lordship said there had
been faults on both sides, and he should therefore postpone the
hearing of the case until the 7th January. The defendant was
ordered to pay the costs of the professional attendance and of
the jury, the other costs being costs in the cause. The acting
Chief Justice further remarked that the acting Attorney- General
had done no more than his duty in making the objection and
had done it in a very proper manner.
Removal of
Chief Magis- In reference to the Magistrates ' Courts referred to in April,
trate's Court 1859 , and the intention of the Government to pull them down
pending re- and re-build them, ** the Chief Magistrate's Court , it is recorded ,
pairs.
was at this time removed to the Harbour Master's old office on
the hill in order to allow the work to be carried out. As in
the case of the Supreme Court House, the Police Courts con-
The yMagis
trac at the tinued to be a matter of complaint for a considerable time, † and
present day it is interesting to note at this stage what was but recently said
described .
upon the subject by a local organ of public opinion ‡ ::-
:-
" One does not need to be fastidious in finding fault with the wretched
place in which the Police Magistrate of Hongkong exercises his functions .
We feel pretty confident in saying that there is not a more wretchedly-
lighted, ill-designed, and badly-ventilated Police Court in all the British
colonies. The room is abominably dirty, the ceilings are festooned with
cobwebs, and a fitting legend to place over the door of the place would be
that which Dante described as adorning the portals of the nether regions.
The dock is frequently crowded with prisoners, some in very advanced stages
of disease and filthiness, and just about two feet away is the one solitary
table that has to do duty for counsel, press, and police officers. It frequently
happens that there is no room in the dock for all the day's prisoners and then
the " overflow congregation " is jammed in between the dock rails and the
backs of the chairs of the solicitors and reporters. The close proximity of,
say, twenty or thirty people taken from a fantan " school " is not a comfort-
ing thing and several men of law have gone to much inconvenience rather
than endure the contiguity. Then also there is the dense throng of Chinese
that fill the rear part of the room. They are generally idlers of the coolie
class who come to kill time, and many of them bring loud and unpleasant
evidence of pulmonary troubles. In hot weather when an interesting case
See antè Chap. XXVI , p. 588,
† See ante Chap. XI., p. 237.
The Hongkong Telegraph, 9th March, 1898.
ORDER OF COURT AS TO CAUSE LIST . 631
(from a Chinese point of view) is in progress the atmosphere of the place Ch. XXX § II.
gives a suggestion of the " Middle Passage " in a slaver and the constant
1860.
hawking and expectorating is really sickening. In winter things are not
much better and the draughts that sweep through it have given many a cold .
Indeed , one of the worthy occupants of the Bench one day lately was quite
voiceless and at other times he has had to dispense justice with his hat on
owing to the draught. It is a common thing to see the gas alight during
the forenoon in winter and generally the present Police Court seems as badly
adapted for its purposes as it can possibly be....... "
On the 23rd January an Order was passed by the Queen - in- Order of the
Queen in
Council repealing the previous Order of the 3rd March, 1859 , Council pro-
providing for the exercise of Jurisdiction over British Subjects viding
exerciseforofthe
in Japan under the Act 6 and 7 Vict. c. 94. This Order, jurisdiction
however, was not promulgated in the Colony till the 11th May over British
of the following year, 1861. The above- mentioned Order-in- Japan.
subjects in
Council of the 23rd January, 1860 , was itself, however, subse- Act 6 and 7
Vict. c. 94.
quently amended by a further Order of the 4th February, 1861 ,
and published in the Colony on the 26th April of the same year.
The Court opened on the summary side as customary at ten Order of the
o'clock on Friday morning, the 3rd February, but, as usual the acting Chief
Justice that
parties interested were not in attendance and for some time Cause List
be gone
there was no business with which the Court could proceed . The hou
through in
acting Chief Justice then observed that in future he should go regular order.
through the Cause List in regular order, at the time appointed,
and that in every case in which the plaintiff and his witnesses did
not appear he would strike out the cause, or, if the defendant
and his witnesses did not appear, he would proceed with the case
as an undefended action. *
* Upon this point see also antè Chap. XVII. § I.. p. 398.
632
CHAPTER XXXI .
1860 .
A buccaneering raid. -Trial of Tam Achoy, Captain Baker, and others for fitting out the
Sir Jamsetjee Jeejeebhoy to commit hostilities against the subjects of the Emperor of
China. The facts. -Hakkas and Punti.- Yeh's detestable cruelty. -Tam Achoy's native
place. The Hakkas victorious. -The Punti appeal to the local Government.---The aim of
the expedition.--Chow Achoon made a stronghold. - Mr. Caldwell and other officers of
Government answerable for the blood -wreaking vengeance. - Defendants plead guilty.
-Affidavit of defendants in mitigation of punishment. —Mr. Caldwell's affidavit.— De-
fendants bound over to appear for judgment when called upon . - The acting Chief Justice's
decision. -English law in Hongkong.-The raid not conducted in an underhand manner.
Before starting on the expedition Tam Achoy consulted the Government.--How far the
affidavits affected Government.-The acting Chief Justice's refusal to allow copies of the
affidavits to be taken. -Advantage taken to draw again the attention of the Home Gov.
ernment and Parliament to the affairs of Hongkong.- Mr. Edwin James again moves
House of Commons.-The petition to the House of Lords by the Newcastle Foreign Affairs
Association. The condition of Hongkong twice brought before Parliament by the peti-
tioners. The Duke of Newcastle on the transactions at Hongkong which reflected little
credit on all the parties concerned .'--The petition of the Newcastle Foreign Affairs As-
sociation.--Apathy of Home authorities relative to representations of Associations on
Hongkong affairs.-The local support given to Mr. Caldwell. - The_Duke of Newcastle in
the House of Lords. -His instractions to Sir Hercules Robinson. - Inquiry into charges by
Mr. Anstey. The Governor " cautioned against stirring up again all that mass of mud
which encumbered society in Hongkong." --The discussion in the House of Lords. —The
Duke of Newcastle on what had been done to purify Hongkong.-- Mutiny of prisoners in
the Gaol. -The state of the Gaol . -The sentences of imprisonment passed in the Courts. —
The disgusting state of affairs prevalent in the Gaol.-Mr. Hillier's account of the Gaol
in 1855 -Unnatural crimes.--Robberies by fellow- prisoners. - Young criminals associated
with hardened criminals. The Reformatory started afterwards.- Mr. Hillier's report on
the Gaol.-Mr. Lyall's report in 1857.- The report of Messrs. Anstey and Rickett
in 1858.--Eli Boggs, the American pirate, released from Gaol. -Cruelty in other
forms in the Gaol.-- Suspicious death of Lye Mooey Chic. - His body exhumed .
-Had complained of illness and had been flogged.--No interpreter attached to
the Gaol. The verdict.--Ordinance No. 1 of 1860. - Departure of Mr. Mitchell,
assistant and acting Chief Magistrate, on leave. - Ordinance No. 2 of 1860.—Mr.
Mitchell's career reviewed .-- Mr. Alexander, Registrar, appointed acting Chief Magis-
trate. Mr. May, Marshal of the Vice-Admiralty Court.-- Departure of Mr. Parsons,
solicitor.- Mr. Pollard appointed his law agent.--Mr. Parson's death.--Death of Mr.
Newman, acting Harbour Master and Marine Magistrate.--Lieutenant Harris acting.--
Lieutenant Thomsett, of the Princess Charlotte, acting.- Return of Mr. Inglis to duty.-
Ordinance No. 4 of 1860.-- Mr. Masson, Deputy Registrar, goes on leave.--Mr. F. S.
Huffam, acting Deputy Registrar. -Mr. T. Turner, acting Clerk to the Chief Justice.—
Return of Mr. Weatherhead from leave.--Acting Chief Justice Adams appointed a
member of the Executive Council. -An anomaly. -The Governor in need of a good ad-
viser. Departure of Major-General Van Straubenzee.--Letters Patent of the 30th January.
1860, investing the Supreme Court with jurisdiction in civil suits originating in Japan.-
Mr. Kingsmill as acting Attorney- General. -Ordinance No. 7 of 1860. - Ordinance
No. 5 of 1858. - Credit for the introduction of Rules and Orders of Superior Courts
at Westminster belonged to Mr. Anstey. -Ordinance No. 8 of 1860. Interpretation.
Resignation of Mr. Dick, Chinese Interpreter to the Supreme Court.-- Appointed
interpreter to the Commissariat Department of the Expeditionary Force. - Nothing
vet done to inaugurate a system of educating interpreters. - Re-introduction of
Mr. Caldwell owing to his knowledge of Chinese. - Mr. Dick appointed Deputy Commis-
sioner of Customs at Canton. -Ordinance No. 11 of 1860. - Complaints against the press
being excluded from the Legislative Council. -Nothing being done towards promised
inquiry into grievances. -The Governor and Mr. Adams believed the press detrimental to
the well-being of Hongkong. -The scandal attached to the British Government in
China. - Mr. Caldwell notorious throughout Asia. -The London and China Telegraph
and the "unalterably-infamous administration of Sir John Bowring." Letter from
the Foreign Affairs Association to the Duke of Newcastle. - l'rotest against Mr.
MORE MALADMINISTRATION IN HONGKONG. 633
Anstey's treatment as compared with that dealt out to Dr. Bridges and Mr. Cald-
well. The tribute paid to Mr. Anstey. - The attack made by Mr. Anstey against Dr.
Bridges in the Caldwell Inquiry never resented or repudiated. -The renewed agitation
the cause of immediate instructions being issued to institute an inquiry.- Mr. Caldwell's
name doomed to come up ever and anon.- Conviction of Sung A Hing for coolie-kidnap-
ping.-Mr. Caldwell's name unfavourably mixed up.- He is charged by a local paper
with extortion and perjury, and brings an action for libel against the editor. -Plea of justi-
fication withdrawn by the editor. - Acting Chief Justice implies that an inquiry is pend-
ing into the conduct of Mr. Caldwell and others. - A tribunal where neither quirks nor
quibbles would be permitted.'-The Government Notification announcing inquiry into
alleged abuses before the Governor-in- Executive Council. -The beginning of a new era.—
The notification also published in Chinese. -Thirty-three more names added to the Com-
mission of the Peace. -Departure, resignation, and death of Mr. J. Jardine, M.L.C.— -Mr.
A. Percival nominated, rice Mr. Jardine.-Mr. A. Fletcher, M.L.C. , vice Mr G. Lyall, re-
signed. -Governor heretofore no power to remit penalties other than those due to the
Crown. - Dr. Bridges' bill of costs against Mr. Tarrant. - Ordinance No. 14 of 1880.--The
press in the Legislative Council. Speeches of the Governor and Mr. Adams.- Mr.
Adams confirmed as Chief Justice. -The Governor and Chief Justice acting under instruc-
tions. -The Governor's speech. The law of England was the law of the Colony from the
time of its cession .'- The Chief Justice's speech --Ordinance No. 16 of 1860.-Mr. Cald-
well or The Civil Service Abuses Inquiry.'-The members of the Committee. - Chief Jus-
tice Hulme pensioned. —His career reviewed.-' He was a very good Judge'.- His dilatori-
ness.-Pending reforms in Hongkong probably induced the grant of the pension. -The
pension.-Chief Justice Hulme's death. - Notification of appointment of Mr. Adams as
Chief Justice. - Salary of Chief Justice reduced.- Mr. Huffam, Clerk to the Chief Justice,
rice Mr. Weatherhead . -Chief Justice Adams goes to Shanghai on sick leave. - Comments
on inadvisability of reducing the Chief Justice's salary. -Jurisdiction over Consular
Courts.-Chief Justice Hulme and Chief Justice Adams on the Court's vacation.- The
necessity for the appointment of a Puisne Judge.-Dismissal of Mr. Clifton from the
Shanghai Police Force.- Mr. T. J. Callaghan appointed Chief Magistrate, rice Mr. Davies.
-His arrival.- Conviction and execution of Abdullah for murder. - Convention and Treaty
with China of the 26th June, 1858.- Murder by Chinese burglars of P.C. da Rocha and J.
Maria --Perpetrators undetected. -Marriage of Chief Justice Adams' eldest daughter.-
Conclusion.-Author's comments. Chap. XXXI.
1860.
A BUCCANEERING raid, destined further to engross the records A buccaneer
of maladministration and disorder in Hongkong is recorded at ing raid .
this period and was deemed of sufficient importance for discus-
sion in Parliament afterwards . At the Criminal Sessions held Trial of Tam
Achoy,
on the 21st February Tam Achoy, a Chinaman , Captain Baker, Captain
a British subject, and a number of other English and American Baker,for
others and
seamen were severally charged with misdemeanour in fitting fittin gout the
Sir Jamsrtj ee
out the steamer Sir Jamsetjee Jeejeebhoy with intent to com- Jeejeebhoy to
commit hos-
mit hostilities against the persons and property of the subjects of tilities
the Emperor of China. In other words, the parties had engaged against the
in a serious buccanee ring expedition against a Chinese village subjeEmpe cts of
the ror
near Mac ao in whi ch seve ral Eur ope ans and Chin ese wer e kill ed , of China.
the facts in reference to which were as follows. The facts.
When the rebels obtained the upper hand in the province of Hakkas and
Punti.
Kwangtung some seven years ago ( being then only prevented
from taking Canton by the action of the Governor of this Co-
lony and the British Admiral on the station ) , a large number
of Hakkas, i. e., strangers , banded themselves together and
offered their services to the Provincial Government . These
services were accepted and proved highly efficient . Upon the
rebellion being crushed, however, these lakkas would neither
disarm nor disperse. They probably were refused their just Yeh's detesta-
dues, or still more probably had cause to complain of Yeh's ble cruelty.
634 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XXXI. detestable cruelty. At all events they determined by force to
1860. dispossess the Punti, i. e. , children of the soil , of certain districts
Tam Achoy's of which Yunping, Tam Achoy's native place, was one, and
native place. themselves become the owners and tillers of the soil. The
probability was that the Hakkas were starving and , being driven
to desperation, helped themselves to food -a proceeding which ,
of course , the Punti resisted to the death .
Under such a state of things, and considering the unrelent-
ing cruelty and unscrupulous animosity of the Cantonese to
their enemies, it could hardly be wondered at that war to the
knife soon became the order of the day. The enormities com-
mitted by the Hakkas as described by the Punti were heart-
rending, but, looking at this expedition of Tam Achoy, it would
The Hukkas appear that much of the cold -blooded slaughter described was
victorious. provoked by retaliation . The Hakkas were ultimately victorious
The Punti and overran Yunping as well as some adjoining districts . In
appeal to vain did the Punti appeal to the local Government. The man-
the local
Government. darins deemed the matter a faction fight and left it to be fought out.
More singular still , the Hakkas flew imperial Tartar banners when
they marched against their enemies. Having thus possessed them-
selves of the country, they seem to have murdered or driven the
Punti away, of course, retaining a number ofthe women for ransom
or otherwise, and settling on the soil, tilling it and simply seeking
quiet possession . Tam Achoy's clan must have made themselves
very inimical towards these marauding interlopers , as the
village of which he was a native had been entirely destroyed by
them some time previous and there could be no doubt that
many of Tam Achoy's relatives had fallen by the hands of the
Hakkas and very probably some females near akin to him were
in their hands . His conduct therefore in equipping these ex-
peditions was perhaps manly and commendable, morally speak-
ing, but the act of mercenaries who joined him in a political
affair, which both the Chinese and British authorities had de-
clined to notice was quite another matter. The districts
ravaged by the Hakkas were those from which the bulk of the
Chinese who emigrated to California and Australia came.
These men had raised a subscription among themselves , elect-
ing Tam Achoy treasurer and manager. He selected the
village of Chow Achoon as the object of attack, not because of
any peculiar atrocities having been committed there, but because
he thought it was accessible to artillery from the water, and
could be attacked with success by foreign vessels.
The aim of
The aim of the expedition was therefore vengeance and the
the expedi
tion. destruction of human life. The Hakkas proved to be Tartars, as
DEFENDANTS ' PLEA IN THE BUCCANEERING RAID . 635
their banners proclaimed . To guard against pirates and to Chap. -XXXI .
provide themselves with a port on the coast, they had made 1860.
Chow Achoon a stronghold . It being imperative that bucca- Chow
Achoon
neering, in whatever shape and for whatever cause, should be made a
summarily stopped , the local authorities deemed it advisable to stronghold.
take up the matter, the more so as it was surmised that some of
the officers of the Government , especially Mr. Caldwell, were Mr.
and Caldwell
other
mainly answerable for this piece of blood -wreaking vengeance , ifofficers of
not in countenancing it , at least in not stopping it. On being Government
answerable
arraigned , the defendants severally pleaded guilty of the misde- forthe
for the blood-
meanour with which they were charged, and in mitigation of wreaking
vengeance.
punishment Tam Achoy, James Baker, and Thomas Brasil hand- Defendants
ed in the following affidavits from themselves and from Mr. plead guilty.
Caldwell to the Chief Justice, which were duly read in open Affidavit of
defendants
Court :- in mitiga-
tion of
IN THE SUPREME COURT OF HONGKONG. [ unishment .
The Queen v. Tam Achoy.
The Queen v. James Baker.
and
The Queen v. James Baker and Thomas Brasil.
We, Tam Achoy, of Victoria, Hongkong, Chinese trader, James Baker,
master of the Steamer Jamsetjee Jeejeebhoy, and Thomas Brasil , chief officer
of the said vessel, the two latter make oath, and the said Tam Achoy, being
a heathen, duly warned , do declare and say—
And first we severally say—
1. That we have in entire ignorance committed a breach of the law , and
had we been aware that we were violating the Foreign Enlistment Act or
any other Act or Ordinance by the course of action we entered into with
regard to the expedition against Chow Achoon, we would most certainly have
desisted therefrom .
And I, Tam Achoy, for myself say-
2. That I am a native of Chong Hong, which is in the immediate neighbour-
hood of Chow Achoon, and was requested by Chin Que Yon, the Imperial
Mandarin residing at O-Fook, and having jurisdiction over Chow Achoon,
Chong Hong, to charter a steam vessel to enable him the said Chin Que Yon
to bring into subjection a tribe of Hakkas who had forcibly taken possession
of Chow Achoon and were committing great ravages throughout the neigh-
bouring country, and also to hire some foreigners in Hongkong to assist the
said Chin Que Yon in such attempt.
3. That I had no idea of deriving any pecuniary or other benefit whatso-
ever from the hiring of such steamer, or such foreigners as aforesaid, and not
being aware that I was in any way offending against the law, and of my own
knowledge being assured that much injury had been caused to my native
place by the Hakkas in question , I co-operated in hiring such steamer and such
foreigners.
And we, James Baker and Thomas Brasil, for ourselves severally say -
4. That we took no part whatsoever in the transactions connected with the
hiring of the said steamer, engaging the said foreigners or with the sub-
sequent operations at Chow Achoon beyond continuing our avocations as
636 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XXXI . master and chief officer of the said steamer, which employ we have both
held for some time.
1860.
And we, the said Tam Achoy, James Baker, and Thomas Brasil, severally
further say--
5. That as a proof of our not having wilfully broken the law, we allege
that we had applied to the Government for the use of a gunboat to co -operate
with the said steamer in the said operations and for leave to charter a steamer ;
and that such application was made through the Registrar-General, and from
the said Registrar- General an answer was received to the effect that the
Government could not interfere.
Sworn at the Supreme Court House, Victoria,
Hongkong, this 21st day of February,
1860, the deponent Tam Achoy having JAMES BAKER .
been duly warned by Thomas Dick, sworn THOMAS BRASIL .
Interpreter , to interpret in accordance with
the Ordinance in that behalf, then declared
the contents of the above to be true.
Before me
F. S. HUFFAM,
A Commissioner, etc.
Mr. Call- The following was Mr. Caldwell's affidavit :-
well's
affidavit. IN THE SUPREME COURT OF HONGKONG,
The Queen . Tam Achoy.
The Queen v. James Baker.
and
The Queen v. James Baker and Thomas Brasil.
I, Daniel Richard Caldwell, of Victoria, Hongkong, Registrar-General,
make oath and say—
1. That in the month of December last past , Achoong, P. & O. compra-
dore, came to me and asked me whether he might charter the steamer
Jamsetjee Jeejeebhoy, to Tam Achoy to go to Tsoo Choong to operate against
the Hakkas. I informed the said Achoong that if it was a private matter it
could not be done, but that it might be otherwise if he had the authority of
the Chinese Government ; and I stated that Tam Achoy must come and see
me on the subject. Within a day or two after this Tam Achoy waited on me
and produced a written authority which I found from the seal to be from an
officer of the Chinese Government, asking him to assist in operations against
Hakkas at Chow Achoon.
2. That I then waited on the Colonial Secretary, and stated the fact, who
said that he did not see any objection to the charter as the Chinese Govern-
ment were the charterers, aud I informed Tam Achoy to the effect that the
charter might be made.
3. That on a subsequent occasion James Baker, the master of the said
steamer, waited on me from Tam Achoy stating that the steamer had been
fired upon at Chow Choong, and asking for the assistance of a gunboat,
whereupon I applied to the said Colonial Secretary, who stated that it was
entirely a Chinese matter, and our Government could not interfere and this
answer was communicated by me to the said James Baker.
Sworn at the Supreme Court
House, Victoria, this 21st ( Signed) D. R. CALDWELL.
day of February, 1860.
Before me
F. S. HUFFAM,
A Commissioner, etc.
THE ACTING CHIEF JUSTICE ON THE BUCCANEERING RAID. 637
The Court, on consideration of the circumstances set out in Chap. XXXI .
-
the affidavits, took a lenient view of their case and only bound 1860.
the defendants over to appear for judgment whenever called Defendants bound over
upon. In delivering judgment, the acting Chief Justice spoke to appear
as follows :- for judg
ment when
He said that the defendants had acted wisely in adopting the advice of called upon.
their counsel, it being quite impossible to deny that a breach of the law had The acting
been committed . Having done an illegal act the only proper course which Chief
was open to them was to confess their fault, and to bring forward such cir- Justice's
decision.
cumstances as they were able in extenuation or mitigation of their offence .
It would be a gross violation of international law if persons - whether natural-
born subjects or foreigners -domiciled in one State, were to be permitted to
levy war or fit out hostile expeditions against the subjects of another State,
against whom no declaration of war had been made by the sovereign authority.
If such proceedings were tolerated , peace between any two nations would
soon become impossible, as there are always to be found persons , who, for the
gratification of private animosity, revenge of individual wrongs, real or
imaginary, the hope of plunder, or even the love of excitement and adven-
ture, would not hesitate to embark their property, and induce the more
needy to risk their lives, in hostile expeditions against the persons and pro-
perty of subjects of friendly powers. All such acts were contrary to the
spirit and the letter of the English law, which would be found sufficiently
strong, when duly administered , to restrain and punish those who might
offend. It was not to be endured that acts, such as the defendants had been
guilty of, should be perpetrated in a British Colony ; and all persons must be
taught that not only the subjects of the Queen of England, but foreigners English
also resident on this island, where they receive the protection of the British law in
law , must in return submit to the authority of that law, and not avail them- Hongkong,
selves of the asylum which they here enjoy to equip, and send forth hostile
expeditions, by which just cause of offence would be given to the sovereign
of a neighbouring country. It was the duty of every State to enforce obedi-
ence to its own laws, and to protect its own subjects ; and if, unhappily,
injury and wrong resulted from the weakness of the Government, and the
inefficiency of the officials of the Chinese empire, those who were aggrieved
were entitled to call for the intervention and protection of their own rulers,
but they must not seek to right themselves by the strong hand, and invade
the territory of a power, against whom no declaration of war had been made
by the only authority legally competent to do so. In the present case, the
extenuating circumstances were exceedingly strong- stronger, he thought,
than he had ever before known-for the defendants had evidently acted under
the impression that they had a right to do as they had done ; they had made
no secret of their intentions, and (which was most important) they had, as
appeared from the affidavits which had been handed in, been applied to , in
the most formal manner, by a Chinese mandarin, to assist him, with men and
materials, to attack a large number of his own fellow- subjects, against whom
complaints had been made, but who were strong enough to treat with con-
tempt the efforts of officials who had the will, but not the necessary forces, to
suppress evil practices, and inflict merited punishment upon the evil-doers. It
was evident that Tam Achoy was anxious to carry on a clannish feud, and
had availed himself of the appeal for assistance which was made to him, in
order to exterminate, if possible, the enemies of the clan to which he belongel ;
but no expeditions, such as he had organized, would be tolerated, or escape
the vigilance of the authorities of this island, and although he (the acting
Chief Justice ) felt justified , under all the peculiar circumstances of this case ,
in dealing leniently with the defendants, he wished them, and all others who
might hear him, distinctly to understand, that if an offence of a like nature
should again be committed, the offenders would most assuredly be punished
638 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XXXI , with great severity. He desired to afford the defendants an opportunity of
1860. proving that they sincerely regretted the illegal and mischievous transaction
in which they had been engaged, and he would therefore abstain from passing
sentence on the present occasion. The principal offender. Tam Achoy,
would enter into recognizances , himself in £ 1,000, and two sufficient sureties
in £ 500 each, to appear when called on, and abide the judgment of the Court ;
the defendant, Baker, would enter into his own recognizance in £500 , and
two sureties in £250 each ; and the remainder of the defendants in the sum
of £250 each.
The raid not This act of misdemeanour to which the parties had pleaded
conducted
in an under- guilty with the more serious buccaneering raid in which they
hand manner. were engaged, was not conducted, as may have been seen , in
an underhand manner nor without encouragement which many
Before would probably have considered sufficient. Before starting on
starting
on the his expedition , Tam Achoy consulted , through Mr. Caldwell, the
expedition Government of the Colony upon the subject, and received no
Tam Achoy
Warning out of the scrape. It is difficult to say whether or not
consulted the
Government. he received any actual encouragement. This fact was put for
How far the ward by the
affidavits defendants in their affidavit, and of a similar tenour
affected was that made by the Registrar- General himself. It is difficult
Government. to say exactly how far these affidavits affected Government, for
unfortunately at the time, both for himselfand for the Government,
The acting it is recorded that Mr. Adams, the acting Chief Justice , departed
Chief
Justice's so far from the usual course in such cases by refusing copies of
refusal to
allow copies the affidavits, on application made to him, although they had
of the been
put in by the defendants in mitigation of punishment, and
afidavits
be taken. to had been read in open Court. Naturally this refusal, coupled
with the reticence of the Government upon the subject, tended
to leave matters in a very dubious and suspicious light as regards
Mr. Caldwell and Mr. Mercer, while the refusal of the acting
Advantage Chief Justice to give copies of the affidavits, even if there had
taken to
draw again been good reasons for such a departure from the ordinary rule,
the attention did not serve to enlighten the aspect of the scene, and the
of the Home
Govern ment matter was therefore taken advantage of to draw again the atten-
and Parlia tion of the Home authorities, and particularly of the House of
ment toofthe
affairs Lords , to the affairs of Hongkong generally .
Hongkong.
Mr. Edwin
James again Accordingly, on the 6th March, Mr. Edwin James again drew
moves House the attention ofthe House of Commons to Hongkong grievances
of Commons. by asking for the production of all papers which were likely to
be of service in a debate. The following were the terms of his
motion :-
" Copies of all correspondence, or other papers, on the following subjects,
or any of them : —
The resignation of the Justiceship of the Peace for Hongkong by Mr.
Thomas Chisholm Anstey, sent in to the local Government on the
13th day of May, 1858 :
RENEWED AGITATION REGARDING HONGKONG AFFAIRS . 639
His suspension, on the 7th day of August, 1858 , from the Attorney- Chap. XXXI.
Generalship of the Colony of Hongkong, and from the Office of
1860.
Counsel to the Superintendency of Trade in China :
The Case of the Queen v . Tarrant for Libel, tried at the November Ses-
sions ( 1858) of the Hongkong Supreme Court (Criminal side) :
The Charge of alleged complicity of Mr. Caldwell, J.P. and Protector of
Chinese at Hongkong, with Hongkong Pirates :
The Charges made against the acting Colonial Secretary ( Dr. Bridges)
with reference to the foregoing subjects, and also the Opium Farm
Monopoly :
The Proceedings against Mr. May, Superintendent of Police at Hong-
kong, Mr. Tarrant, Registrar of Deeds there, and the Police Court
Interpreter Tong Akou, and the dismissal of the Police Court Inter-
preter Assam, for having severally given evidence against the said
parties, or any of them :
And the Imperial Regulations (if any) by which the several Suspensions
or Removals before mentioned were authorized."
These papers were duly produced on the 16th March, and , on
the 21st of the same month, ordered to be printed by the House
of Commons . *
A petition was also presented to the House of Lords by the The petition
Newcastle Foreign Affairs Association relative to the ' piratical to
of the
LordsHouse
attack ' of Tam Achoy and others. More than a year before, by the
the condition of Hongkong had twice been brought before Par- Newcastle
Foreign
liament in consequence of the exertions of the petitioners. In Affairs
the second instance, a petition , containing a list of charges of Association .
The condi-
the most injurious character, not one of which had, up to this tion of
Hongkong
time, received any answer whatever, in either House , except twice
"no information," was addressed to the Queen, and by the Queen brought
before
sent to the Colonial Office with Her Majesty's express command Parliament
to give attention to the same. by the
petitioners.
As the Duke of Newcastle said " an enormous . Blue Book had The Duke of
subsequently been published by the Colonial Office, in reference Newcastle
on the
to all these transactions at Hongkong, which reflected little credit transactions
on all the parties concerned." The petitioners alleged , and how at Hongkong
whic h
truly may be judged by this admission, that this Blue Book reflected
little credit
confirmed every statement in their former petitions . Finding on all the
parties
then, after the lapse of more than a year , the same offences con- concerned.'
tinuing to be repeated by the same officials whom they formerly
* A notable fact in regard to Mr. Edwin James' motion was, that whereas in his first
motion to a similar purport in April, 1859, (antè Chap. XXVI ., p. 588) he had included
the charges made against the Lieutenant- Governor of Hongkong (Colonel Caine) and his
Chinese compradore, with reference to extortion and bribe-taking in the years 1846 and
1848 (item 6),' he now confined himself to those matters which he considered had not been
yet or satisfactorily solved , regard being had, moreover , to the fact that the case of Colonel
Caine against Mr. Tarrant for libel (ante Chap. XXIX., p. 605) had now solved most of
the questions relating to Colonel Caine himself."
640 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap.-XXXI . accused, they now transferrel the issue from the subordinates
1860. to the principals .
The petition The following was the petition above alluded to presented by
of the
Newcastle the Newcastle Foreign Affairs Association : -
Foreign
Affairs
Association. To the Right Honourable the Lords, Spiritual and Temporal, of the United
Kingdom of Great Britain and Ireland, in Parliament assembled.
Humbly Sheweth :-
That your petitioners are informed that Tam Achoy (a Chinaman, a noted
resident at Hongkong) , Captain Baker (an English subject ) , and a number of
American and European sailors recently made a piratical attack on the
Chinese village Sun-ning near Macao, in which three Europeans and a num-
ber of others were killed .
That a steamer, flying the British flag, was chartered by Tam Achoy for
this expedition.
That on Tuesday, February 21 of the present year, Tam Achoy, Captain
Baker, and others, who were engaged in fighting, were brought to trial be-
fore the Supreme Court at Hongkong, charged with misdemeanour.
That the accused pleaded guilty, but made affidavits in which they put
forward the fact in mitigation of punishment, that before starting on their
expedition they consulted the Government of the Colony concerning it,
through Mr. Caldwell, the Registrar-General and Protector of Chinese, and
received no warning from the said Government to prevent their proposed
expedition.
That to the truth of this statement the Registrar-General of Hongkong
himself bore witness in an affidavit which he also made.
That, in consequence, no sentence was passed on Tam Achoy, Captain
Baker, and the others.
That the acting Chief Justice, Mr. Adams, did withhold the above-men-
tioned affidavits, which had been read in open Court, when application was
made to him for them for the purpose of publication .
That a newspaper at Hongkong, The China Mail, in reference to these
circumstances, made, in February 2, the following statement : -
" The expedition against Sun-ning was only the natural development of
the system of attacking alleged pirate fleets and villages with English gun-
boats , on very insufficient information as to the real facts of the case, and of
interfering with Chinese quarrels which can be far better settled by the
natives themselves. Mr. Caldwell was the official here best fitted to diseri-
minate between pirates and others ; yet even he had the almost incredible
stupidity to direct Captain Bythesea against Namtow, because of acts com-
mitted by a junk in the legitimate action of the Chinese Customs. The
Namtow people came to Hongkong and engaged a lawyer to prosecute in
this matter ; but they must have been bought off, for when everything was
clear before them and legal opinion in their favour, they suddenly left the
place, and gave up the prosecution ."
That in February last year a petition, signed by the Mayor, on behalf of a
public meeting of the inhabitants of this town, was laid before your Right
Honourable House, praying for justice in respect to conduct similar to that
PETITION TO HOUSE OF LORDS ON HONGKONG AFFAIRS . 641
above recited on the part of the Registrar-General and other officials at Chap. XXXI .
Hongkong.*
1860.
That in June last year a petition to the same effect, signed by the Mayor,
on behalf of another meeting of the inhabitants of this town, was presented
to Her Majesty, to which Her Majesty was graciously pleased to reply on
the 2nd of July that she had " commanded the said petition to be referred
for the consideration of the Secretary of State for the Colonies. "†
That in March of the present year in return to an address of the Honour-
able House of Commons, a volume of official papers relating to Hongkong
was laid before your Right Honourable House, which papers confirm , to the
fullest extent, the statements contained in the above-mentioned petitions.
That, nevertheless, no steps have been taken by your Right Honourable
House to redress the grievances complained of ; the cousequence being the
continuance of the customary state of things at Hongkong, as evinced by the
circumstances of the above-mentioned trial for piracy of Tam Achoy and
Captain Baker.
That your petitioners attribute this state of things to the conduct of the
late and present Secretaries of State for the Colonies, in neglecting Her
Majesty's commands to give consideration to the complaints of Her Majesty's
subjects ; and, further, in upholding guilty officials and punishing only
their accusers.
Your petitioners, therefore, humbly pray your Right Honourable House to
inquire into the aforesaid conduct of the Colonial Office, and to take such
steps as to your Right Honourable House may appear necessary to vindicate
the honour of the Crown and do justice.
And your petitioners will ever pray.
Signed on behalf of the Association,
GEORGE CRAWSHAY, Chairman.
ROBERT BAINBRIDGE, Vice- Chairman.
GEORGE STOBART, Secretary.
May 31 , 1860.
The somewhat apathetic conduct of the Home authorities in Apathy
giving attention to the earnest representations of those associa of Home
authorities
tions and other institutions interested in the welfare of Hong- relative to
kong naturally gave rise to indignation, and the strong language representa-
used in the foregoing petition is therefore not to be wondered Associations
The persistent support given to Mr. Caldwell by the local on Hong-,
kong affairs.
authorities, which emboldened him all the more, naturally The local
evoked the greatest distrust, having regard to the time which support
given to
had already elapsed and the repeated complaints formulated, that Mr. Caldwell.
anything would be done to get rid of him, or that such reforms
would be carried out as the needs of society and administration
demanded in the Colony.
* See antè Chap. XXVI. , p. 581 .
Antè Chap. XXVIII., p. 601 .
The words in italics are, of course, those which caused the Duke of Newcastle in the
House of Lords to " assure the House that there was not that neglect on the part of the
Colonial Office which the petitioners supposed to exist because every determination of the
Government was not communicated to them." See debate next page.
642 HISTORY OF THE LAWS, ETC. , OF HONGKONG.
Chap. XXXI. On the 28th June a discussion took place in the House of
1860. Lords upon the petition . The Duke of Newcastle clearly showed
The Duke of what his instructions had been to Sir Hercules Robinson in
Newcastle
in the House regard to the charges raised by Mr. Anstey. He showed there
of Lords. had been no neglect . He had directed the new Governor to
His instruc-
tions to Sir make an inquiry into the various charges raised by Mr. Anstey,
Hercules "cautioning him, however, against stirring up again all that mass
Robinson.
of mud which appeared to have encumbered society in Hongkong."
Inquiry into
charges by Hence probably the cautious manner with which the new Gov-
Mr. Anstey. ernor was proceeding with the many matters calling for his
The Gov-
ernor attention , and the withdrawal of Mr. Mercer's notice of motion
"cautioned in reference to the press of the Colony, * after the conviction and
against
stirring up heavy sentence passed upon Mr. Tarrant, deemed apparently
again all sufficient as a temporary warning to others and sufficient for all
that mass of
mud which purposes at all events for the present.
encumbered
society in
Hongkong." The following was the discussion before alluded to , which
The discus clearly shows the ' evil reputation ' then attached to the Colony: -
sion in the
House of " Earl Grey presented a petition from persons in Sheffield and Newcastle,
Lords. complaining that an officer of the local Government at Hongkong had been
mixed up with a proceeding of so improper a character as a piratical attack
on a Chinese village. The noble Earl said he knew nothing of the transac-
tions adverted to by the petitioners beyond what had appeared in the news-
papers, but he thought the state of affairs at Hongkong required serious
consideration.
The Duke of Newcastle said he had as yet received no accounts from
Hongkong of the particular attack stated in the petition to have been made ;
and had he been aware that the noble Earl intended to present the petition
that night he would have inquired whether any despatches on the subject
had been brought by the mail just arrived . He assured the House that
there was not that neglect on the part of the Colonial Office which the
petitioners- members of the Foreign Affairs Committees of Sheffield and New-
castle -supposed to exist because every determination of the Government
was not communicated to them. [ Laughter. ] An enormous Blue Book had
been printed by the Colonial Office in reference to all these transactions at
Hongkong, which reflected little credit on the parties concerned , and care-
ful inquiry had been instituted respecting them. On his appointment to the
Colonial Office he found that his predecessor in office had nominated a new
Governor for Hongkong, in consequence of the anticipated return of Sir J.
Bowring. He, therefore, directed the new Governor to make an inquiry into
the various charges raised by Mr. C. Anstey, cautioning him, however,
against stirring up again all that mass of mud which appeared to have en-
cumbered society in Hongkong. He had not yet received an account of the
result of the inquiry prosecuted by that gentleman. He was bound to add,
though with the greatest possible regret, that in no part of Her Majesty's
Dominions was libel so rife and flagrant as in Hongkong. For men to libel
one another in the most reckless manner seemed to have become the normal
state of society in that island. There had been prosecutions for libel , some
of which were successful, and some not successful, but he mentioned this to
caution their Lordships against placing the same amount of credit in state-
ments in Hongkong newspapers, unless authenticated by other circumstances,
* Ante Chap. XXIX., p. 616,
CONDITION OF THE GAOL IN HONGKONG . 643
as, he was happy to say, they were accustomed to place in statements pub- Chap. XXXI.
lished in English newspapers. [ Hear, hear. ] The inquiries into these
1860.
charges had been neglected, and he hoped that those who were interested in
the well-being and respectability of the society of Hongkong would further
any efforts which he might make to redeem the Colony from the evil repu-
tation which, in consequence of these transactions, attached to it. [ Hear,
hear. ]
The Earl of Hardwicke said it was quite impossible that the Government
could undertake to enter into correspondence with Committees on foreign
affairs ; but he was rather inclined to applaud these associations, he believed
generally of artisans -at all events, they were artisans who formed a depu-
tation from one of the committees on foreign affairs which waited on him.
They took pains to read all the Parliamentary papers, and to instruct them-
selves, to the best of their ability, in foreign affairs. He believed they were
extremely well- informed men, and he should be sorry if they imagined they
were treated with indignity because the Secretary of State refrained from
a correspondence upon subjects in which they took great interest. [ Hear,
hear.]"
The discussion , it will be seen , referred more to the Foreign The Duke of
Newcastle
Affairs Associations established in Newcastle and elsewhere than on what had
to Hongkong, and could not therefore have failed to prove been done
to purify
a very great encouragement to the members of those associa- Hongkong.
tions. Having a grave charge to meet, the Duke of Newcastle
attempted to meet it by getting up a laugh against his accusers .
The Duke of Newcastle was thus forced to explain what it was
he had done to purify Hongkong.
Early in March the prisoners confined in the Victoria Gaol, Mutiny of
through some dissatisfaction, mutinied , but by promptitude the prisoners
the Gaol. in
riot was soon quelled and the mutineers punished .
The state of affairs in the Gaol at this time , mention of which The state of
has already been made in connexion with Mr. Tarrant's impri- the Gaol.
sonment, appeared to be even more detrimental to the interests
of justice than it was objectionable on grounds of humanity.
The sentences of imprisonment passed in the Courts of Hong- The sen-
tences of
kong had often been frightfully severe, and if, as appeared , imprison-
criminals had so often to be released before their termof impri- ment
in thepassed
sonment had expired, the sentences of the Courts must have ours.
become a mockery, and punishment become so indefinite as to
lose much of its terrors - so dependent on private judgment or
caprice as to lose much of its proper judicial character. As The disgust-
matter of record, it is not therefore out of place to quote here affair
state
s of
what was said of the disgusting state of affairs prevalent in the prevalent
in the Gaol.
Gaol, by the different officials having control of it so recently
as in 1855 , 1857 , and 1858. Mr. Hillier, the late Chief Ma- Mr. Hillier's
gistrate, on the 7th April, 1855, four years before Sir John the Gaol in
Bowring left, gave a short account of the condition and work- 1855.
644 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XXXI. ing of the Gaol . His allusion to the unnatural crimes ' pre-
1860. valent in the Gaol, the robbery committed by fellow- prisoners ,
Unnatural and the ' unrestrained association ' of the young in crime with
crimes.
Robberies scores of hardened criminals ' cannot fail to give one at this
by fellow- period a full insight into the then prevalent state of the Gaol
prisoners.
and the just complaints which were formulated in reference to
Young
criminals that institution. Mr. Hillier's report must have acted as an
associated
with incentive for the starting of a Reformatory, and no doubt the
hardened one subsequently started by the Roman Catholic Priesthood , *
criminals.
hereafter alluded to, however unsatisfactory in itself on various
The Re-
formatory grounds, must have proved a blessing compared with the dis-
started closures made by Mr. Hillier who wrote as follows :-
afterwards.
Mr. Hillier's
" At the present time there are no less than one hundred and three pri-
report on
the Gaol. soners confined in one room . Their crimes vary from the most trivial mis-
demeanours to offences of the most atrocious nature. During the day these
convicts work at associated labour on the roads or within the prison walls,
but before and after hours of work, and during the whole of Sunday, they
are locked up together in this one room, or are restricted to that and the ad-
joining yard without separation or supervision. At night the only check
upon them is an Indian sentry at the east side of the Gaol compound, who
if he chose may look through a grated aperture a few inches square and see
by means of a light hung in the centre of the apartment some portion of the
occupants, but many he cannot see at all ; it is easy for any prisoner
to escape observation by moving to such parts of the room as are not
visible from this aperture. I am told that it was the firm impression on
the mind of the late gaoler acquired from his daily opportunities of
forming a reliable opinion, that unnatural crime was frequent among
the inmates of this ward, and the Sheriff himself does not doubt that it is
difficult for a newly-convicted offender to escape being robbed by his fellow-
prisoners on the very first night of his transfer to this part of the prison.
But be this as it may, the magnitude of the evils that result morally to the
young in crime from unrestrained association with scores of hardened crimi-
nals, and the opportunity which such a state of things must present for the
concoction of schemes of villainy to be executed as soon as liberty shall have
been regained , are too obvious to require more than a passing notice."
Mr. I yall's
report in In May, 1857 , two years afterwards, Mr. Lyall, a visiting
1857 . Justice, wrote the following : -
66
The prison is so overcrowded, that it is impossible to conduct its routine
as it should be."
The repo:t
of Messrs. In January, 1858 , Messrs . Anstey and Rickett, upon a visit
Anstey and to the Gaol in their capacity of visiting Justices, said : -
Rickett in
1858.
" We repeat our former observations upon the imperfect means of classifica-
tion which the faulty construction of these buildings affords. If there should
be any funds available for the construction of new public works, we earnestly
draw the attention of Government to the above points."
* See Volume II., Chap. XL., XLIX.. and XCLII. See the regret expressed by Mr. Justice
Snowden at there being no Government Reformatory.- Chap. LXXV., infrà, and Chap.
LXXIX, as to Ordinance No. 19 of 1886.
MORE DISCLOSURES AS TO THE GAOL . 645
And no doubt it was owing to the condition of the Gaol that Chap. XXXI.
Eli Boggs, the notorious American pirate, was released on the 1860.
12th April, 1860 He had been greatly borne down by illness Eli Boggs,
the American
from the time of his incarceration in July, 1857, * and it was not pirate,
expected he would have lived much longer if kept in prison . from
released
Gaol.
On his release he was sent to America, but not before the
master of one vessel at least had declined the pleasure of his com-
pany on board ship .
Cruelty in other forms was also frequent in the Gaol . Infor- Cruelty in
mation reaching the Governor's ears relative to the death and other
in the forms
Gaol.
burial of a Chinese prisoner named Lye Mooey Chie under sus- Suspicious
picious circumstances , Sir Hercules Robinson , on the 28th June, death
Moocyof Lye
Chie.
had the body exhumed . The convict was a Chinaman who had His body
been sentenced as a rogue and vagabond to a term of imprison- exhumed.
ment and a couple of floggings. He died of dysentery and was
buried in the usual manner. The deceased had several times Had com-
plained of
complained ofillness and inability to work. This was disbelieved , less and
and he was flogged in consequence, besides being put on short had been
flogged .
rations and placed in solitary confinement. The case was one of
extreme cruelty. The Coroner's jury accompanied their verdict No inter-
with the remark that there ought to be a proper person attached attached to
preten
to the Gaol as interpreter, thereby showing in what condition the the Gaol.
inmates of the Gaol were situated in regard to the officers of that
institution, who were ignorant of their language. The following The verdict.
was the verdict :-
The jury desire to express their indignation at the cruel usage the de-
ceased met with in being twice flogged, put on half rations, and placed in
solitary confinement while sick and under medical treatment. They also
think there is great carelessness in conveying to the Gaol Governor the
reports on the prisoners made by the Surgeon ; and that the punishment of
flogging within the Gaol appears to be much too common.
They also think there ought to be a proper person attached to the Gaol as
interpreter.
(Signed) R. SHERWOOD.
H. TURNER.
W. EMENY.
On the 3rd March Ordinance No. 1 of 1860 , empowering the Ordinance
Governor to grant pardons subject to the condition of offenders No. 1 of 1860,
leaving the Colony-a power heretofore exercised but doubted , ---
was passed. On the same day was passed another important Ordinance
Ordinance ( No. 2 of 1860) relating to Jurors and Witnesses. † No. 2 of 1860.
Mr. W. H. Mitchell, the Assistant Magistrate and acting Chief Departure Mr. Mitchelof
l,
Magistrate of Police, left for England on eighteen months' leave assistant
and acting
* See Chap. XVIII., antè p. 436.
Upon the subject of Chinese oaths, see antè Chap. XII. § II ., pp. 309-315, and Vol.
II., Chaps. L. and LXXXII,
646 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XXXI. of absence on the 15th March. It will be remembered that, on
1860. the resignation of Mr. Davies, he received the appointment of
Chief acting Chief Magistrate on the 1st June, 1859 , and he was now
Magistrate,
on leave. anxious to secure permanently the position he had been holding
temporarily, though he was eventually disappointed in this
expectation .†
Mr. Mit- Mr. Mitchell, it may be mentioned , whatever his qualifications
chell's career
reviewed . as a Magistrate, was an able man and had an extensive know-
ledge of Chinese affairs . The best review of commercial affairs
in China that had yet appeared proceeded from his pen and was
in the shape of a letter to Sir George Bonham . ‡
Mr. Alexan-
der. Re-
gistrar, In consequence of Mr. Mitchell's departure, Mr. Alexander,
appointed
acting Chief the Registrar of the Supreme Court, was appointed to act as
Magistrate. Chief Magistrate in conjunction with his own duties, and Mr.
Mr. May, May to perform the duties of Marshal of the Vice - Admiralty
Marshal
of the Court .
Vice-
Admiralty
Court.
By the same steamer that took away Mr. Mitchell, Mr. Parsons,
Departure
of Mr. Par- the solicitor, ofamalgamation ' fame,§ also left for England.
sons,
solicitor. He appointed Mr. E. H. Pollard as his law agent ' during his
Mr. Pollard absence. Mr. Parsons died in England many years after, at a
appointed ripe old age.
his law
agent.
Mr. Parson's
death. In consequence of the death of Mr. Newman, acting Harbour
Death of Mr. Master, Lieutenant Harris, of the Cambrian , assumed charge of
Newman, the department temporarily, but resigned office on the 16th
acting
Harbour March, on appointment as Commander of H.M.S. Hesper, when
Master and Lieutenant Thomsett, of H.M. brig Princess Charlotte, suc-
Marine
Magistrate. ceeded to the vacancy, and held the appointment until the return
Lieutenant to duty of Mr. Inglis on the 27th November, 1860 .
Harris
acting.
Lieutenant On the 17th March was read for the first time the draft of an
Thomsett,
of the Ordinance to amend the law relating to Cheques or Drafts on
Princess
Charlotte, Bankers and to amend the law offalse pretences. This Ordinance
acting. was subsequently passed on the 16th April and numbered 4 of
Return of 1860. Further changes took place in the Judicial Department
Mr. Inglis
to duty.
* See antè Chap. XXVIII., p. 600.
† See his retirement noticed in Vol. 11., Chap. XXXVII.
See Blue Book relating to China, 1854, p. 243.
Ante Chap. XXII.
|| Death. On the 22nd October, 1891 , at his residence, Rugby House, Worthing,
Ambrose Parsons, solicitor, formerly of London and Hongkong, last surviving son of
George Parsons, of Worthing, in his seventy-seventh year, after a few days' illness." Press
Notice.
See antè Chap. XXIX., p. 605.
INTRODUCTION OF HOME RULES AND ORDERS . 647
on the 26th March owing to Mr. Masson, Deputy Registrar, Chap. XXXI.
going on eighteen months ' leave of absence. 1860.
Ordinance
Mr. Frederick Sowley Huffam, acting clerk to the Chief Jus- No. 4 of 1860.
tice, was appointed to replace Mr. Masson, being himself suc- Mr. Masson,
Deputy
ceeded by Mr. Thomas Turner until the return of Mr. Weather- Registrar,
head, who, it will be remembered , had gone Home at the same leave.
goes on
time as Sir John Bowring on the 5th May, 1859.* Mr. F. S.
Huffam ,
The Governor, on the 4th April , appointed Mr. Adams, the acting
Deputy
acting Chief Justice, to be a member of the Executive Council . Registrar.
He was already a member of the Legislative Council, and by a Mr. T. Tur-
strange coincidence on the 19th of the same month, doubtless ner,
Clerkacting
to
when the sanction had been received , The Government Gazette the Chief
published the approval of the Queen to his holding a seat in Justice.
Acting Chief
the latter Council . This was held to be an anomaly and no Justice
doubt it was wrong and quite contrary to the fundamental prin- Adams
appointed a
ciples of the Constitution to have one and the same high officer, member
who likewise wielded the supreme judicial authority, intimately of the
Executive
associated with the representative of the Crown, in both the Council.
Legislative and Executive Councils.
But the Governor, in the state of affairs then prevalent, was The Gov-
in need of a good adviser, and he certainly could not have had a ernor in need
of a good
more experienced and capable adviser than the acting Chief adviser.
Justice, but the question arose as to what security there was
that the future incumbents of those offices would be entitled to
equal confidence ? Human nature was not so perfect as to jus-
tify that he who wore the ermine should also legislate and
execute the laws at the same time.
Departure
On the 15th April, Major- General Sir C. Van Straubenzee, of Major-Van
" General
Commander of the Forces, left the Colony. Straubenzee.
Letters
On the 28th of the same month, the Letters Patent under Patent of
the great seal, dated the 30th January last ( 1860 ) , investing the January,
the 30th
Supreme Court of Hongkong with jurisdiction concurrent and 1860,
investing the
appellate , in civil suits originating in Japan , were duly published .
Supreme
Mr. Kingsmill as acting Attorney- General displayed great energy Court with
jurisdiction
in endeavouring to keep up with the times and improve the in civil suits
legislation of the Colony, and several important measures at this originating
in Japan.
stage owed their introduction to him. Mr. King.
smill as
On the 30th April the Legislature passed Ordinance No. 7 of acting
1860 extending to Hongkong " certain Rules and Orders of the Attorney.
General.
Superior Courts at Westminster. " These Rules and Orders Ordinance
were those in reality which were contained in the second sche- No. 7 of 1860.
dule of Ordinance No. 5 of 1858 , which formed the subject of No.
Ordinance
5 of 1858.
*
Ante Chap. XXVIII., p. 595,
648 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XXXI . so much discussion at the time, so that in reality the credit for
1860. their introduction belonged to Mr. Anstey when Attorney-
Credit for General, whatever else may have been said upon the subject at
the intro-
duction of the time . *
Rules and
Orders of
Superior Ordinance No. 8 of 1860 amending the law in relation to the
Courts at
Westminster grant and revocation of Probates of Wills and Letters of Admi-
belonged to nistration was also passed on the 30th April.
Mr. Anstey.
Ordinance
No. 8 of 1860. The question of interpretation , or rather want of interpretation,
Resignation was yet to suffer an enormous blow by the resignation early
Mr. Dick, in May of Mr. Thomas Dick, the Chinese Interpreter to
Chinese
of
Interpreter
to the the Supreme Court, in order to take up the appointment of
Supreme interpreter to the Commissariat Department of the Expedition-
Court.
ary Force, at a salary of £ 500 per annum. His knowledge of
the Canton and Mandarin dialects was both extensive and va-
Nothing
yet done luable, and rightly it was considered a disgrace to the Colony
of that , after nearly twenty years of repeated complaints, nothing
inaugurate
atosystem
educating had yet been done to inaugurate a local system of educating
interpreters. interpreters out of Colonial resources, --a system which would
Mr. Dick certainly have avoided the disgrace brought upon the Colony and
appointed
Deputy the service by the re-introduction of Mr. Caldwell, mainly owing
Commis- to his knowledge of Chinese if not of the Chinese as well . After
sioner of
Customs at serving with the Expeditionary Force , Mr. Dick received the
Canton. appointment of Deputy Commissioner of Customs at Canton.
Ordinance On the 10th July, Ordinance No. 11 of 1860 , constituting a
No. 11 of
1860. Marine Court of Inquiry in Hongkong, was passed .
Complaints Well-founded complaints aganist the Press being excluded from
against the
press being the Legislative Council by the Governor were again reiterated.
excluded Such exclusion was justly considered a retrogade step on the
from the
Legislative part of Sir Hercules Robinson which would be sure to recoil on
Council.
him sooner or later. Complaint was also made that nothing was
being done towards the promised inquiry into the grievances of
the Colony . Both the Governor and the new Attorney- General,
Mr. Adams, now acting Chief Justice, had evidently been taught
and believed that the Hongkong press was detrimental to the
well- being of the place and that it should be put down . The
Hongkong press, albeit open to some of the animadversions cast
upon it on the score of violence, had on the whole deserved well,
if not at the hands of officials , at least at those of the commu.
nity. But for it, colonial reformers at Home, -such was the
indifference of some of the leading men in the community- would
have heard nothing of the many and enormous abuses and
* See antè Chap. XXIV., p. 542.
A PROTEST FROM THE FOREIGN AFFAIRS ASSOCIATION. 649
crimes which after having for so many years been openly per- Chap. XXXI.
petuated to the scandal of the name of the British Government 1860.
in China by persons holding magisterial and other offices under Nothing
being done
it, were still allowed by an alarmed administration to enjoy towards
the impunity on which they had so confidently relied . But for promised
the Hongkong press , there can be no doubt at all that the inquiry into
grievances.
Parliamentary Blue Book which was laid on the table of the The Gov.
House of Commons in April, 1859 , and March, 1860 , upon Mr. ernor and
Mr. Adams
Edwin James' motion for papers relating especially to the believed the
case of Mr. Caldwell, who had since become notorious through- detrimental
Press
out Asia, would never have been heard of or seen the light at to the well-
being of
all. It was therefore no matter of wonderment that agitation Hongkong.
continued at Home for a full and searching inquiry into the The scandal
disgraceful doings in Hongkong, in accordance with the pledges attached to
the British
given to Parliament by two successive administrations . Government
in China.
The London and China Telegraph of the 27th April, 1860, Mr. Caldwell
notorious
animadverted strongly upon the hollowness of these pledges throughout
and of the " unalterably-infamous administration of Sir John Asia.
Bowring " in no stinted terms, as follows : -- The London
and China
".......The hollowness of the now forfeited pledge of the Colonial Office that Telegraph
the appointment of a new Governor of Hongkong should be the occasion for and the
"unalterably.
a searching inquiry into abuses which had at length been spoken of in Par- infamous
liament, after having become a public scandal in the land. What, indeed , administra-
could any new Governor do with these words before his eyes ? It is now tion of Sir
palpable that the pretence of inquiry at Hongkong was resorted to in order John
to stop that demand for inquiry in England which was beginning to make Bowring."
itself heard, and which, we rejoice to hear, will make itself heard again in
connexion with the presentation of these papers to Parliament. One word to
those intending to act in this matter. The evil in Hongkong is but a ramifi-
cation of the evil, the root of which is in Downing Street. Mr. Caldwell
protects Ma Chow Wong, Dr. Bridges protects Mr. Caldwell, Sir John Bow-
ring_protects Dr. Bridges, Sir E. B. Lytton protects Sir John Bowring, and
the Government of which Sir E. B. Lytton was a member was afraid of
Lord Palmerston. We know, upon the very best authority, that a consider-
ation which weighed with the Government of Lord Derby in deciding upon
the course which they should take in reference to the unalterably-infamous
administration of Hongkong by Sir John Bowring, was a dread of being
charged with taking the pretext of the Caldwell case to punish him for the
bombardment of Canton ! Considerations such as these open a field for re-
flection too vast for us to enter upon at present. We have only to repeat,
let every effort be made to bring before Parliament and the Crown that con-
duct of Secretaries of State by which impunity is granted to the confederacy
of British magistrates with pirates , and punishment awarded to the denoun-
cers of these monstrous practices, on such charges as • fomenting discord in
a small community. We urge this for the sake of England, but we also
urge prompt action on account of pressing circumstances at Hongkong."
It was not therefore to be supposed that such abuses as had
been disclosed would be tolerated , and on the 10th May the
following letter was forwarded through its chairman by the
* Antè Chap. XXVI ., p . 588, and antè Chap. XXXI . , p. 638.
650 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. -XXXI . Foreign Affairs Association to the Duke of Newcastle protesting
1860. against Mr. Anstey's treatment as compared with that dealt out
Letter from
to Dr. Bridges and Mr. Caldwell, who, they argued , ought both
the Foreign
Affairs to have stood their trial at the Bar of justice. The tribute paid
Association
to the Duke to the " extraordinary ability, undaunted courage, unswerving
of Newcastle . perseverance, and unimpeachable honour and honesty of Mr.
Protest Anstey, " it will be admitted, was no more than he richly de-
against
Anstey'sMr. served, for, in truth, he must have been a terror to evil -doers in
treatment as Hongkong
compared
with that 6
dealt out to The voluminous Papers relating to Hongkong ' recently presented to
Dr. Bridges Parliament have been read and considered by this Committee, and I am
and Mr. requested to communicate with your Grace thereupon. The Committee have
Caldwell.
had no communication whatever with Mr. Anstey, nor have they any per-
The tribute sonal knowledge of Sir J. Bowring, with whom, however, they have com-
paid to Mr.
Anstey. municated since his return to England , and whom they have convicted of
falsehood on another subject. They cannot, therefore, defile themselves with
any further notice of him than this. The Committee find it recorded in a
despatch from Mr. Under- Secretary Fortescue to Mr. Anstey, dated July
26th, 1859, and printed at p. 444 of the papers, that your Grace, after con-
sidering the case, concurred in the decision of Sir E. B. Lytton, dismissing
Mr. Anstey from office. The Committee are wholly unable to perceive the
justice of this decision. In their judgment it is a very grave and serious
injustice, and can only be attributed to your Grace not having read the
evidence contained in the papers. It is, of course, impossible within the
limits of an ordinary letter to give a full and clear statement of the whole
case. The Committee, therefore, confine themselves to three of its main
features. At pp. 12, 13 of the papers is the report of two Magistrates who
had made an investigation into the conduct of Dr. Bridges, acting Colonial
Secretary, member of the Legislative and of the Executive Councils of Hong-
kong. In that report, mild though it is compared with his offence, they find
him guilty of grave misconduct. * No one who reads the whole of the
evidence can doubt for a moment that he was guilty of an offence for which,
if justice had been done, he ought to have been indicted , along with the
Chinaman who had bribed him, for conspiracy. Instead of that he continued
to fulfil his public offices, and to perpetrate other crimes. At pp . 36, 37 ,
and 38 of the papers appears the report of a Commission appointed to inves-
tigate the conduct of Mr. Caldwell, J.P., Registrar-General, Protector of the Chi-
nese, and Licenser of Brothels. That report, although far short of meeting the
justice of the case, as developed throughout the whole of the evidence, does
find Mr. Caldwell guilty of very grave misconduct, and he, too, ought to have
taken his place as a criminal at the Bar of justice. Instead of that he still
continues to exercise his offices as an important servant of the Crown. At
p. 362 of the papers, is the verdict of the special jury in the case of the Queen
v . Tarrant. In the opening of that case the counsel for the Crown said
that Sir J. Bowring and Dr. Bridges felt they were on their trial. The ver-
dict of the jury found them, in effect, guilty of a corrupt and damnable trick
to defeat the ends of justice- this, too, without hearing a word of the defence.‡
A perusal of the evidence shows that no other verdict was possible. These
three remarkable and sigual triumphs of justice were owing to the extra-
ordinary ability, undoubted courage, unswerving perseverance, and unimpeach-
able honour and honesty of Mr. Anstey. Yet he is dismissed, and the eri-
minals enjoy public favours."
See the Report referred to, antè Chap. XXI., p. 473.
See the Report, antè Chap. XXIII., p. 506.
See antè Chap. XXV. § 1., p. 561.
MR . CALDWELL AS PROSECUTOR IN A LIBEL CASE . 651
As regards Dr. Bridges the following attack alone which Chap. XXXI .
Mr. Anstey openly made against him to his face in the Council 1860.
Chamber, when the Caldwell Commission was sitting, which The attack
- made by Mr.
was never resented or repudiated, will bear repetition Anstey
against
" No man has ever charged me with having reserved for a more convenient Dr. Bridges
season my defence against imputations, whensoever, wheresoever, and by in the
Caldwell
whomsoever cast, upon my fair fame and credit. Nobody has charged Inquiry
me with having patronized and protected against the sharp edge of the never
law the iniquities of subordinates, whom it was convenient to count amongst resented or
my satellites. Nobody has charged me with having, either in person repudiated .
or by deputy, dissuaded or made the endeavour to dissuade nervous ,
doubting, unwilling witnesses from appearing before a Court like this ;
a court of honour, if the reputation of the person accused be concerned ;
a court of great political import, if the good of the community , the credit
of the Government, and the responsibility to opinion and to law, of every
servant of the State, from His Excellency down to Mr. Grand-Pré, be
matter of public concern. Nobody has charged me with encouraging the
accused by precept or by example to raise technical, quibbling, pettifogging
objections, to the reception of evidence before such a Court, anl so to base
his hopes of immunity not upon the moral conviction of his innocence, but
upon the difficulty of wresting from the grasp of an unwilling Government
the legal proofs of his guilt. And finally, nobody has accused me, much less
convicted me, of seeking my own escape from public odium and contempt, in
the destruction of public records of which I was the custos , and which con-
tained the damning evidence of my own complicity, or that of my subordi-
nates, with thieves, resetters, murderers, and pirates."
The renewed agitation therefore on the part of the Foreign The renewed
agitation
Affairs Association proved of some utility ; it was the cause of the cause of
immediate instructions being issued to the Governor to insti- instructions
immediate
tute an inquiry into the abuses complained of, as hereinafter being issued
referred to . to institute
an inquiry.
In this connexion and in reference to Mr. Caldwell especially, well
Mr. 's
Cald-
name
whose name was doomed to come up ever and anon in connexion doomed to
with irregularities of one sort or another, doubtless through his
come up
ever and
having so many irons in the fire, ' it may here be mentioned
anon.
that at the Criminal Sessions held on the 21st February, 1860 ,
Conviction
of Sung
a Chinaman named Sung A Hing was sentenced to four years' A Hing
imprisonment for coolie-kidnapping . This case had formed the for coolie-
topic of much public discussion in which Mr. Caldwell's name kidnapping.
Mr. Cald-
got unfavourably mixed up and was , of course, strongly com- well's name
mented upon, severe strictures being passed upon him, and he unfavourably
being deliberately charged by a local paper with extortion and mixed up.
perjury. Upon this Mr. Caldwell brought an action for libel He is charged
against the editor of the paper in question, The Daily Press, pap
by er
a local
with
which was heard on the 18th July, when, finding himself un- extortion
able to substantiate the charge, the defendant withdrew his and brings
plea of justification, denying that he meant to imply what he an action for
libel against
the editor.
* See Daily Press, 8th March, 1860.
652 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XXXI . had written . The case is all important as showing that the
1860. acting Chief Justice in his remarks, while disposing of the mat-
fication with- ter, knew that an inquiry was pending into the conduct of Mr.
Plea of justi-
drawn by the Caldwell and others and that once for all the scandal attached
editor. to Hongkong would be thoroughly scrutinized . Mr. Adams
Acting
Justice Chief
im- accordingly in passing remarks upon the defendant's retracta-
plies that an tion said, that " whenever an inquiry would be instituted into
inquiry is Hongkong grievances, it would be before c tribunal where neither
Pending into
conduct
theMr. quirks nor quibbles would be permitted, but where the most search-
of Cald-
well and ing investigation would take place," therefore foreshadowing the
others. inquiry ordered by the Duke of Newcastle forced on practically
'A tribunal
where neither by the " Foreign Affairs Association " as may be judged by the
quirks nor following Government Notification which appeared just a week
quibbles
would be after the disposal of the case above mentioned : -
permitted . '
GOVERNMENT NOTIFICATION.
The Govern-
ment Noti-
fication In compliance with instructions received from His Grace the Duke of
announcing Newcastle, Her Majesty's Secretary of State for the Colonial Department,
inquiry into directing that " an inquiry should be instituted into the abuses which have
alleged abuses been alleged to exist in the Civil Service of Hongkong generally, and, espe-
before the
Governor-in- cially, into the alleged tampering of some of the subordinate departments in
Executive that service with the malversation, corruption, and piratical practices, of part
Council. of the Chinese community in or frequenting the Colony," His Excellency the
Governor has determined that such inquiry shall take place before the Gov-
ernor in Executive Council who will sit for that purpose in the Council
Chamber on the 13th day of August next, at noon, and on such subsequent
days as may then be determined on.
All persons capable of giving information in furtherance of the proposed
investigation are desired to attend the sittings of the Council, which will be
held with open doors.
By His Excellency's Command,
L. D'ALMADA E CASTRO,
Clerk of Councils.
Victoria, Hongkong, 28th July, 1860.
The begin-
ning of a new This was to be the beginning of a new era in Hongkong, and
era. that the inquiry was to be held with open doors was a depar-
The notifica- ture from the system hitherto adopted by Sir Hercules Robinson.
tion also
published in The notification , it may be added , was also published in Chinese.
Chinese.
Thirty- three Previous to this , on the 7th July, 1860 , the Government
more names
added to the added thirty-three more names to the Commission of the Peace,
Commission comprising officials and other members of the community.
of the Peace,
Departure, On the 9th July Mr. Joseph Jardine , member of the Legislative
resignation,
and death Council , proceeded to Europe on twelve months' leave of absence
of Mr. J.
through ill- health. He afterwards resigned his seat and died
Jardine,
M.L.C. in Scotland on the 11th January, 1861. On his resignation on
the 10th December, 1860 , Mr. Alexander Percival was nomi-
nated in his stead, and on the same date Mr. Angus Fletcher
THE PRESS LAW DEBATED IN COUNCIL. 653
was also appointed a member of the Legislative Council in the Chap. -XXXI .
room of Mr. George Lyall, who had resigned his seat on leaving 1860.
the Colony. These nominations were subsequently approved of Mr.A.
Percival
and published in the Colony on the 24th June, 1861 . nominated,
rice Mr.
Jardine.
Heretofore the Governor had had no power to remit penalties Mr. A. Flet-
other than those due to the Crown, in consequence of which cher,Mr.
vice M.L.C.
G. ,
several cases of extreme hardship are recorded , notably that of Lyall, re-
Mr. Tarrant, the editor of The Friend of China, who was im- signed.
Governor
prisoned for Dr. Bridges ' bill of costs in the criminal suit against heretofore
him for libel until it was paid, * and it was no doubt in conse- no power
to remit
quence of that infamous matter that Ordinance No. 14 of 1860 penalties
was passed on the 17th August, empowering the remission of other than
those due to
such penalties . the Crown.
Dr. Bridges'
As to the press , steps were without further delay taken to bill ofcosts
against
'purify the atmosphere ' of the Colony, both the Governor and Mr. Tarrant.
Mr. Adams, who had then been confirmed as Chief Justice , being No. Ordinance
14 of
prominent speakers on the occasion of the passing of the enact- 180 .
ment relating thereto, at a meeting of the Legislative Council, The press
held on the 17th November, 1860 , showing the interest they in the
Legislative
mutually took in the matter and that both were acting under Council.
instructions . Their speeches , especially that of the Chief Justice, Speeches
of the
will be read with the greatest interest. Accordingly , at the Governor
meeting of Council before mentioned --the Governor, the Chief and Mr.
Adams.
Justice, the Surveyor- General, and Messrs. Lyall and Dent being Mr. Adams
-
present, the Governor, Sir Hercules Robinson, in laying upon confirmed as Chief
the table the draft of an Ordinance " to amend the law relative Justice.
The Governor
to Newspapers in Hongkong, " spoke as follows : - and Chief
Justice acting
His Excellency said that the idea of this enactment had struck him some under
months since, and that he had conferred with the Chief Justice upon the instructions.
subject, who fully concurred . A despatch had consequently been framed to The Gov-
the Secretary of State, who likewise concurred in the expediency of the mea- ernor's
sure. The only law applicable to the press of the Colony at present was speech.
Ordinance No. 2 of 1844. This was one of the first enactments passed after The law of
the cession of the Colony, and clearly indicated hasty legislation. By that wasEngland
the law
Ordinance, the press was released from all restraint whatever. The proprie- of the Colony
tor of a newspaper has now simply to go before a Magistrate and declare his from the
place of abode. The object of the present Ordinance was in no way to in- time of its
terfere with the free action of a legitimate press ; on the contrary, its aim cession,”
was to assimilate the press of the Colony with the most respectable press in
the world, namely, the press of England. There, where the press was
notoriously free, restraints were placed upon it to avoid licentiousness and
other evils, of a far more stringent nature than the Ordinance now laid upon
the table provided. The law in England compelled the proprietor of a news-
paper to enter into a personal bond of £400, with two sureties for a like sum,
and it extended even to pamphlets . In the Ordinance now submitted , this
amount of security had been reduced to £250. This had been done lest it
should be thought the administration of the Colony sanctioned excessive bills
* Antè Chap. XXIX. , pp. 622-624.
654 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XXXI . of costs. The Council would observe that as the law of England was the
1860 . law of the Colony from the time of its cession , the Act which prevailed in
England regarding the press would also prevail here, had not the Ordinance
No. 2 of 1844 been enacted . There surely was no reason why the press of
this Colony should be exempted from the law made and provided to restrain
the press of England ! Yet to show that he, the Governor, had no desire to
oppress or annoy the press of Hongkong, the sureties existing in England
had been materially reduced . The idea in framing the Ordinance now sub-
mitted was, that the sureties would check an editor in any violent course he
might, when unrestrained, feel justified in resorting to, and, to use the Duke
of Newcastle's own words, to put a stop to " the reckless libels which have
#
poisoned the very atmosphere of the Colony."
His Excellency whilst upon this topic would extend his remarks to another
branch of the same subject. The Government of this Colony had repeatedly
been placed in a false position by the practice adopted in actions for libel.
A party libelled had hitherto applied to the Magistrate for a summons —a
committal to the Supreme Court as if for misdemeanour was the necessary re-
sult, when the matter would fall into the hands of the Attorney-General.
Not only in the Colony, but abroad, this had placed the Government in an
entirely false position, and it had actually occurred more than once that
odium had been cast upon the administration for thus apparently promoting
actions which they really disapproved of. In future this practice should be
discontinued, and the Attorney-General would not again prosecute in a libel
case ex officio, unless he appeared on behalf of the Government. A party
libelled must sue for damages, and the Ordinance now before the Council
would secure to such persons the payment of costs at all events.
The Chief The Governor having concluded his speech, the Chief Justice
Justice's
speech. said he wished to make a few remarks, which he proceeded
to do as follows : -
He entirely concurred in all that His Excellency had said, and should give
the Ordinance his cordial support. Connected as he had been with the press
in early life, he would be the last person to sanction any measure which
might tend to harass or restrict the full and ample development of a free
press. No one could place a higher value upon that institution than he did,
nor give a wider latitude, within the bounds of propriety, for the action of
the press in descanting upon the public acts of public men. He thought the
present time a very happy one to introduce the measure-as far as he knew,
all was peace at present with respect to libels, and therefore no improper motive
could possibly be imputed to Government in pressing the enactment. He
had been deeply grieved to find that the Government of this Colony had been
so prominently placed in the false position alluded to by His Excellency-
and he, the Chief Justice, must admit that it was a most natural conclusion
for the public to arrive at, when they saw the Attorney-General prosecuting,
to suppose that the Government promoted the suit. He, the Chief Justice,
would further state that, in so far as his feelings were concerned , it was a
most disagreeable duty to pass sentence on an editor of a paper for libel.
The jury were, in his opinion, far better judges of the damages to be accorded,
and it was most desirable that the sentence should be left to them. He
felt confident that the Ordinance now submitted would work for good-
doubtless there had been a manifest improvement in the objectionable tone of
the local press , and he hoped and thought that whenever any one of the
editors allowed his feelings to run away with him, as had hitherto repeatedly
been the case, the sureties provided by the Ordinance now submitted would
restrain such editor.
* Antè Chap. XXIX. , p. 622,
CHIEF JUSTICE HULME PENSIONED. 655
Besides, the Ordinance acted in two ways- it protected the press against Chap. XXXI .
low adventurers, and it protected the public as well. In country towns in -
1860.
England, when party spirit ran high, malevolent men, excited by envy or
disappointment, used to be in the habit of starting ephemeral and scandalous
publications, simply as vehicles of maliguity for their own passions. Price
was no object ; they were sold in market-places for a song, and became such
a pest to society, that the enactment now in force in England had to be
made to restrain them . As His Excellency had said, the law as it stands in
England was far more stringent than the Act now before the Council. In
like manner men of low character might come to this Colony, and almost
without a penny , start a low paper to the great detriment of the respectable
portion of the press, and then when a party maligned sued the editor and
obtained a verdict, no effects were available to levy on. The Ordinance be-
fore the Council remedied all this, and whilst it secures a party suing mode-
rate costs, it does not provide for an excessive amount. None of the news-
papers now in the Colony could have the smallest difficulty, the Chief Justice
felt sure, in obtaining the required sureties, and he could not conceive how
one word could be raised against the proposed Ordinance. He did hope , and
think too, that an improved tone would in future characterize the Hongkong
press. He expressed his unqualified disapproval of a prosecutor in a libel
case retaining the whole Bar, and he thought that the plan named by the
Governor of disallowing the public services of the Attorney - General to private
parties, would, considering the limited Bar of the Colony, tend to remedy the
evil.
The Ordinance was then laid upon the table, and on the 30th Ordinance
No. 16 of
November was passed and numbered 16 of 1860 . 1860.
The Caldwell Inquiry or, as it was called, the Civil Service Mr. Cald-
Abuses Inquiry, appointed in July last began its sittings as well
CivilorService
The
announced on the 13th August, 1860 , and sat frequently, its Abuses
meetings lasting considerably over the year. The members of Inquiry."
the Committee consisted of the Governor, Sir Hercules Robin- The members
of the Com-
son ; Mr. Mercer, the Colonial Secretary ; Colonel MacMahon, mittee.
Commander of the Forces ; Colonel de Saumarez , and Mr.
Adams, then acting Chief Justice.
Intelligence that Chief Justice Hulme had succeeded in obtain- Chief Justice
ing a pension and that his leave had thereby come to an end Hulmepensioned.
was confirmed in August this year. When the position was
originally offered to him he had been given the choice of one
stipend with a pension or an increased one without it. He chose
the latter at £ 3,000 per annum, and therefore had no claim to
a pension at all, and after taking " repeated leave of absence,
and by clinging so long as he possibly could to the post which
his health but too often disabled him from filling, to the great
detriment of the public service, yet, " adds an exponent of public
opinion at that time, " he still found himself a beggar and so
The Chief Justice doubtless had in mind the case of Colonel Caine e. Tarrant for
libel (Chap. XXIX. , antè p. 623, and also Chap. XXX. § I., p. 628) wherein the plaintiff
had retained the whole Bar as against the defendant who had thus no counsel.
† See antè, Chap. I., p. 43.
656 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XXXI. set up the claim for a pension. " The paper continued thus , in
1860. reference to Mr. Hulme :
His career
reviewed. " Of course, the grant to a man of his age is a subject that few men like to
carp at ...... Mr. Hulme was neither a bal man nor a corrupt judge. Still he
was severe to a degree, and as unjust as severe. The Hongkong Gaol has
still many living monuments of his cruelty, the sentences of hundreds having
been mitigated. We are happy to find that both the Governor and the acting
Chief Justice have been quietly extending mercy to many of the victims ,
and we hope that the Gaol may soon be purged of such scandal to our institu-
tions as Mr. Hulme's sentences present. Indolence with him was carried
beyond a failing ; it was a positive vice." *
That Chief Justice Hulme's sentences were at times severe
is undoubted , and that past Governors had mitigated some of his
sentences on the score of severity is also but too true, but on
the other hand the times in which he lived in Hongkong, when
undoubtedly severity was a necessity, is a matter which can
never be overlooked in judging of his career in the Colony ; nor
must it escape notice that the presumed writer of the above para-
graph, Mr. Murrow, the editor of The Daily Press, was himself
a victim of Mr. Hulme in that he suffered six months ' impri-
sonment, besides paying a fine of one hundred pounds , for a gross
libel on Sir John Bowring. †
'He was a On the whole, he was a very good Judge, and this the legal
very good
Judge'. practitioners and community all agreed in holding.
His dilatori- During the latter part of his career, owing to constant illness
ness. and infirmity of body, Mr. Hulme had begun to exhibit signs
of dilatoriness , never taking the Bench before noon and at
times at one o'clock in the afternoon.§
Pending Undoubtedly having regard to the state of affairs in Hong-
reforms in
Hongkong kong and the renewed applications for a pension by Chief Justice
probably Hulme and his determination to remain in office so long as he
induced the
was denied one, the Home Government decided to treat him
grant of the
pension. liberally ( by which fact his services, it may be said , met with full
recognition ) and the authorities were thus enabled to effect their
purpose with respect to pending reforms in Hongkong, by con-
firming Mr. Adams as Chief Justice, who , together with the new
Governor, were now in a position to take a more independent
view of things in general. Hence undoubtedly the appointment
of Mr. Adams as acting Chief Justice on his arrival from Home,
under instructions from the Secretary of State.
The pension. The pension allowed Chief Justice Hulme was the high one
of £ 1,500 per annum . As may be remembered Chief Justice
* The Daily Press, 17th April, 1860.
Regina . Murrow, antè Chap. xx. § 11., p. 469 .
The China Mail, 25th August, 1859.
See antè, Chap. XXIX., p . 604, and reference there given.
MR. ADAMS SUCCEEDS CHIEF JUSTICE HULME . 657
Hulme arrived in the Colony on the 7th May, 1844 , and went Chap. -XXXI.
on his last leave on the 23rd April, 1859 , having thus served 1860.
the Colony for nearly sixteen years . He was never knighted ,
but in those days Chief Justices and even Governors were not
always knighted as they are now. Mr. Hulme did not long live Chief Justice
Hulme's
to enjoy his handsome pension , as he died on the 1st March, death.
1861 , at Brighton, in the sixty- sixth year of his age. *
The same mail that brought the news of Mr. Hulme's retire- Notification
ment conveyed the confirmation of Mr. Adams, the Attorney- of appoint.
ment of
General and acting Chief Justice, to the Chief Justiceship of the Mr. Adams as
Chief
Colony, when the following notification appeared : — Justice.
It is hereby notified that Her Majesty's Warrant has been received direct-
ing the appointment of William Henry Adams, Esquire, as Chief Justice of
the Colony of Hongkong.
The Honourable Chief Justice Adams has been sworn into office accord-
ingly.
By Order,
W. T. MERCER,
Colonial Secretary.
Colonial Secretary's Office,
Victoria, Hongkong, 25th August, 1860.
The Chief Justice's salary, however, had been reduced to Salary of
£2,500 per annum, † and the hope was expressed that Mr. Adams Chief Justice
reduced.
"would discharge his duties with the same satisfaction to the com-
munity as Judge Hulme. " On his confirmation as Chief Justice , Mr. Huffam.
Clerk to the
Mr. Adams re-appointed Mr. Huffam, the acting Deputy Regis- Chief Justice,
cire Mr.
trar, as his clerk, in which position the Governor also nominated Weather-
him on the 1st December, on the resignation of the titular head.
officer, Mr. Alfred Weatherhead, who proceeded to England .
The Chief Justice, having been in poor health, left for Shang- Chief Justice
hai on the 8th October on one month's leave, returning to the Adams goes
to Shanghai
Colony on the 7th November . on sick leave.
Advantage was taken of this, to comment upon the inadvi- Comments on inadvisa-
sability of having reduced the Chief Justice's salary . £ 3,000 a bility of
reducing the
* The following press notices relating to the family of the first Chief Justice of the
Colony, compiled in the course of reading, are here inserted as deserving of record : -
(1.) Death. On the 24th November, 1876, at Brighton, Henry Walter Hulme, younger
son of the late Chief Justice Hulme, of Hongkong.
(2.) Death. On the 25th May, 1877, at Brighton, Eliza, relict of the late John Walter
Hulme, Chief Justice of Hongkong, China.*
(3.) Marriage. On the 20th May, 1886 , at Shireoaks, near Worksop, by the Rev. G.
Osborne, John James Hulme, son of the Honourable John Walter Hulme, late
Her Majesty's Chief Justice of Hongkong, to Mary Elizabeth Browne, of Uckfield ,
only daughter of the late Peter Browne, of Bath and Macclesfield .
† See Schedule A of Ordinance No. 13 of 1860.
China Chronicle, 23rd April, 1860. This is inserted to show the general esteem in
which Chief Justice Hulme had always been held in Hongkong. See also the graceful
allusion to him by Chief Justice Smale as " a great man of the past." -Vol. 11. , Chap. LX.
This lady was a daughter “ of the celebrated Joseph Chitty "-see ante Chap. 11., p. 48 n.
658 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XXXI . year and a retiring pension was considered no more than fair
1860. compensation for the services of a first-rate lawyer exercising
Chief
Justice's jurisdiction , moreover, over the Consular Courts, in a trying
salary. climate like Hongkong. Whilst Mr. Hulme thought a month's
Jurisdiction vacation in the year for the Court sufficient, Chief Justice Adams
over Con-
sular Courts, was of opinion that four months ' vacation would be by no means
Chief Justice too much, and it was felt that the question of the necessity for
Hulme and the appointment of a Puisne Judge to adjudicate upon small
Chief Justice
Adams on debts would not much longer be delayed .
the Court's
vacation.
The necessity The records show the dismissal at this period of Mr. Clifton
for the
from the Shanghai Police Force on charges indicating syste
appointment
of a Puisne matic fraud and extortion . He had previously been in the
Judge.
Hongkong Police Force, * and his dismissal at a time when an
Dismissal
of Mr. Clifton inquiry was being held into the conduct of a late brother - officer
from the
of his, Mr. D. R. Caldwell, was rather a strange coincidence .
Shanghai
Police Force.
Mr. T. J. Mr. Thomas J. Callaghan,† barrister -at -law, the Chief Magis-
Callaghan
appointed trate in succession to Mr. Davies who had resigned office,
Chief Ma-
arrived in the Colony on the 25th November, 1860 , from
gistrate, rice
Mr. Davies, England and was duly gazetted the next day.
His arrival.
Conviction At the December Criminal Sessions , a Malay seaman named
and execu Abdullah was sentenced to death for the murder of a tindal on
tion of
Abdullah board the ship Tory. He underwent the extreme penalty ofthe
for murder.
law on the 2nd January, 1861 , "the scene," it is recorded, " being
denuded of all those human acts of mismanagement which have
hitherto characterized executions in this Colony."
Convention . A proclamation by the Earl of Elgin, British Ambassador in
and Treaty
with China China , relative to a Convention and Treaty of Peace with China,
of the 26th
with tariff and rules dated the 26th June , 1858 , and ratified on the
June, 1858.
24th October, 1860, was duly published on the 11th December.
Murder by
Chinese As regards crime during the year, two murders committed
burglars of by Chinese burglars in Jervois Street, on the persons of Police
P.C. Rocha Constables
and J. Maria Ado Antonio da Rocha and Joaquim Maria, while
in the execution of their duty, early in the morning of the 31st
Perpetrators May , remained undetected , notwithstanding the large reward of
undetected. $500 offered by the Government for the capture of the perpe-
trators of the crime.
Marriage
of Chief The year concluded with an interesting domestic event in
See antè Chap. XII. § I., p. 293.
Callaghan, Thomas J. -Called to the Irish Bar, 1854 ; educated at Trinity College,
Dublin, took honours in classics ; held the appointment of Barrington Lecturer on Politi-
cal Economy to the Dublin Statistical Society ; was counsel to the Attorney-General for
Ireland." Colonial Office List.
CONCLUSION AND COMMENTS . 659
the Chief Justice's family, namely, the marriage of his eldest Chap. -XXXI.
daughter who had accompanied him to Hongkong. * 1860.
Justice
It is impossible to peruse the records embodied so far with- Adams' eldest
out concluding that they read more like a romance than actual daughter.
Conclusion.
--
facts, a romance in the time of Sir John Bowring more par- s
ticularly, -upon which a play might successfully be founded , comments .
so unlikely do the scenes and personages represented appear to
have been real factors or actors.
At this period, however, the Colony may be said to be
rising from almost a state of chaos to something approaching
order. The officials, who from the earliest days had been asso-
ciated together, and who with their friends had long formed
such ties of comradeship as to be unable to discover the errors
of their own ways, were bent, in spite of good or evil report, to
support each other's doings , the one deviating from this course,
however, rightly as , for instance, in the case of Mr. May as re-
gards Mr. Caldwell, meeting with almost disastrous consequences
to himself. Such , indeed , was the case at all events during the
administration of Sir John Bowring, and hence undoubtedly
the origin of the irregularities recorded and the beginning of
the end of the ' happy family ' administration on the advent of
Sir Hercules Robinson and of Mr. Adams .
With Mr. Anstey's arrival it seemed as if the form of Govern-
ment prevalent had suffered a mortal blow, for it was impossible
for one of his reforming spirit , of his character, talent, and
abhorrence of that corruption which he found so rife in the
Colony, to stand by and allow the irregularities which stood out
so prominently before him to go on unchecked , however mis-
directed his energies may have been at times . It was probably
due to his tenacity of purpose that Mr. Anstey met with the
opposition he did from the officials who had before his arrival
been accustomed to the easy system of non-interference which
undoubtedly was the cause a maxima ad minimis of all the
troubles in Hongkong.
Although, as is seen, Mr. Caldwell was still at this period
holding the honourable and important office he did in the
public service, the authorities until this, under positive instruc-
tions, deeming it right to proceed slowly so as not to stir up
the mud, ' the next volume will show his forced disappearance
from the scene of the troubled elements, like his old friends
* Marriage. At the Cathedral, Hongkong, on the 20th December, by the Reverend
J. J. Irwin, M.A., Colonial Chaplain, assisted by the Reverend J. H. Gray, M.A., British
Consular Chaplain at Canton, Alfred Fincham, Esq., of Canton, to Ann Maria, eldest
daughter of the Honourable W. H. Adams, Chief Justice of Hongkong. "-This gentle-
man, however, died in London on the 1st May, 1862, his will being proved on the 31st
July, 1863, in the principal Registry of Her Majesty's Court of Probate.
† Antè p. 642.
660 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XXXI. and supporters , Colonel Caine and Dr. Bridges, to the undoubted
1860. advantage of the Colony.
The other matters have received sufficient attention to need
no recapitulation or repetition . They will be fresh in the
minds of the reader . As the Colony advanced , so did its laws .
to meet the necessary exigencies of society. The all -important
question of interpretation and the improvement in the Gaol
system were matters, although still in their infancy, yet meet-
ing with such consideration as could be devoted to them, having
regard to the difficulties in the way, and as this work progresses
the gradual steps taken by the Executive on those points will
be found duly noticed .
In regard to the Police Force, the largest in the world per-
haps compared with population, the elements of which it was
composed were always and will be, in such a place as Hong-
kong, a source of considerable difficulty and anxiety, although
reforms were, even at this period , already perceptible. That
the Spaniards were originally correct in including Hongkong
amongst a number of islands called ' Ladrones ' or thieves, has
been demonstrated from the outset, and from year to year, until
this stage of the work, innumerable cases of piracy, murder, or
robbery occurred , to the outrage of our laws and the administra
tion of justice .
At first, when dealing with pirates and other Chinese cri-
minals, English law with its peculiar provisions and precedents
often proved to be the friend of the criminal ; it afforded loop-
holes through which escape could be and was made, and these
persistent defiers of English authority found themselves by a
ludicrous combination of facts in a position to laugh at detec
tion or conviction , while almost instant death or something
akin would have probably followed at the hands of their own
authorities. Hence the impunity that was afforded by English
law, and the very mild treatment delinquents experienced both
before and after trial and condemnation . An impression had
actually existed among the Chinese -tantamount to a feeling of
ridicule or incapacity for dealing in a prompt way with either
murderer, robber, or pirate . But in this, as in other respects,
the Government gradually adapted itself to the requirements of
the place and, therefore, to the Chinese, whose Criminal Code
recognizes no legal technicality, and who, by this time, by their
knowledge and experience of our law, had now been taught the
justice of our beneficent rule, to an extent so obvious as not to
require being dilated upon.
END OF VOLUME I.
GENERAL INDEX
ΤΟ
VOLUME I.
ABD
ABE
e
ACQ
ACT
ACT
AD
8
C
663
GENERAL INDEX
ΤΟ
VOLUME I.
ABDULLAH. See Executions .
ABERDEEN.
encouragement of Lord, to commerce of all nations, 179
Shuck-pai-wan named, 79
ACQUI
influence as opium farmer, 98
ACTS . See Ordinances.
ACTS OF PARLIAMENT. See Attorney ; Attorney-General ; Statutos .
ADAMS , W. II.
afforded an early opportunity of judging the native character, 605
a member of the legislative council, 616
appointed acting chief justice, 604
a member of the executive council, 647
attorney-general, 605
arrival of, 604
comes out with instructions, 616, 653
confirmed as chief justice, 653
expresses his disapproval at a prosecutor in a libel case retaining the
whole bar, 655
first appearance in Court, 605
forgery of his signature, 605
goes to Shanghai on sick leave, 657
his appointment as attorney -general, notified, 604
career , 605
decision in the buccaneering raid case, 637
implies that inquiry pending into conduct of Mr. Caldwell and others, 652
intended to apply the new broom , 605
marriage of his daughter, 659
notification of appointment as chief justice, 657
on English law in Hongkong, 637
- the position of government in libel cases, 654
refuses copies of affidavits in the buccaneering raid case, 638
salary reduced on confirmation as chief justice, 657
succeeds chief justice Hulme, 657
Mr. Anstey, 589
the Governor in need of a good adviser, 647
upon the press, 654
See also Civil Service Abuses Inquiry.
664 INDEX .
ADDRESSES TO OFFICIALS .
a thoroughly Oriental custom, 596
Hongkong noted for, 444
ADMINISTRATION. See Intestates' Estates ; Probate and Administra-
tion ; Supreme Court.
ADMINISTRATION OF GOVERNMENT.
disposition of governors of colonies, 186
duties of governor of Hongkong and superintendent of trade, 187
governor and the governed at ' sixes and sevens,' 407
cautioned against ' stirring up the mud ' which encumbered
society in Hongkong, 642
increase of public business, 34
intercourse with the Chinese, 423
office of plenipotentiary and superintendent of trade separated from that
of governor, 594
opinion as to governor of colonies, 240
salary of the governor criticized in Parliament, 290
the capture of Chui Apo main reason for continuing expedition, 260
conduct of governors of colonies, 197
dual position of the governor, 172
evils of the divisium imperium, 172
See also Civil Service ; Magistrate ; Precedence ; Superintendent
of Trade ; Colonies, The.
ADMINISTRATION OF JUSTICE.
agitation for reforms in, 19
a properly-constituted Court wanted, 18
Archdeacon Paley on, 149
a short code for the more convenient, 222
Chinese advocates and the employment of Chinese in, 81
comments upon local judicatory, 263
commissions to hold criminal sessions owing to illness of C. J. Hulme,
366
court of Petty Sessions an encroachment on the Supreme Court, 243
crime in 1842 , 17
1843, 29
1844, 40, 73
1846 , 93
1853, 332
day robbery at West Point, 94
feeling of insecurity, 429
first sitting of court of petty sessions, 232
frequent robberies in the town, 362
headless body found , 429
important criminal cases in 1847 , 129
improvement in judicial affairs in 1844, 73
incapacity of judicial officers, 102
interference with, by the Executive, 225, 292
judicial establishment in 1842 , 12
affairs in 1844, 56
events in 1845, 90
1846, 122
1847, 171
1848, 213
1849, 270
1855 , 367
INDEX. 665
ADMINISTRATION OF JUSTICE - Continued.
judicial expenditure respecting, and parliamentary vote, 75
manacled in Hongkong, 244
no improvement visible in the inferior courts, 242
opening of the first criminal court, 37
opinion on the local courts, 48
opposition to Chinese being allowed share in, 338
reason for sending up paltry cases for trial, 128
sentences of the courts a mockery owing to the condition of the gaol , 643
taxes on justice, 34
the attorney-general and the practice of trying cases committed out of
the jurisdiction before the criminal court, 192
severity of the sentences passed in the courts, 643
working of our institutions a mockery of justice, 243
See also Chinese ; Coroner ; Davis , J. F.; Hongkong ; Incendiarism ;
Jury; Magistrate ; Supreme Court ; Trinidad Judicial Scandal.
ADMIRALTY.
abolition of Vice-, Court, 282
additional rules and regulations for the, Court, 601
appointments in the, Court, 123
bounty money, 258
Chief Justice's address to the grand jury, 124
Chief Justice Hulme complains that he has not been allowed to see the
indictments, 146
Chief Justice Hulme discharges the jury in the, Court, the commis-
sioners not attending, 200
Commissioners do not attend sitting of the, Court, 200
Court with, jurisdiction , 95
disagreement between Governor Davis and C. J. Hulme in, Court , 141
first session of, Court, 125
letters patent appointing commissioners , 95
of 10th January, 1846 , constituting the Court, 124
sitting of, Court, 200
of the Vice-, Court, under Mr. Campbell, 74
table of fees in , 319
unfortunate disagreement between the Governor and the Chief Justice,
in the, Court, 139
See also Canton ; Hongkong.
ADVENTURERS . See Australia, Holdforth, C. G., McSwney, P.C.
ADVERTISER, THE LONDON MORNING. See The London Morn-
ing Advertiser .
ADVERTIZEMENT. See Professional Men ; Supreme Court.
AFFIRMATION. See Anstey, T. C.; Oath : Sterling, P. I.
ALEXANDER, W. H.
acting chief magistrate, 646
registrar, 332
appointed clerk of court and deputy registrar, 288
registrar , 383
departure on leave, 429
return from leave, 593
ALIENS , NATURALIZATION OF.
disallowance of Ordinance No. 10 of 1845, 73
AMALGAMATION. See Legal Profession .
666 INDEX .
AMERICANS .
an English crown lawyer permitted to appear in an American court of
justice, 375
See also Boggs, Eli ; Executions ; Heycock, R. C.; Keenan, Cou-
sul ; Mastiff, The ; Perkins, George ; Piracy ; Police ; Wade,
The John ; Whalers.
ANSTEY, T. C.
acts the part of a police constable, 413
addresses the Secretary of State upon Mr. Davies' resignation, 600
an unnecessary piece of severity, 414
appears for Mr. Murrow against Sir J. Bowring, 569
appointed attorney-general, 367
arrested in Canton , 463
arrival in Hongkong , 370
as a law commissioner, 367
an amateur constable, 414
--- a police informer, 408
- counsel for Mr. Tarrant, charged with libelling government,
556
asks for police protection, 465
attack against Dr. Bridges never resented or repudiated , 651
attempt to bribe him , 451
a wicked and corrupt administration which he swore to destroy, 566n
biographical notices, 367
breaks out in poetry , 550 , 569n
career in Hongkong reviewed , 575
case against him by W. H. Mitchell, for libel, 402
causes a defendant to be arrested for perjury, 462
charges against Mr. Caldwell, 503
Chief Justice Hulme with having exceeded bounds of temper-
ance, 386
complains of Dr. Bridges' appointment as counsel to Superintendent of
Trade, 547
confirmed as a member of the Legislative Council, 388
cost of his library, 489
credit of introducing home rules and orders belonged to, 648
date of departure from London, 370
denounces Dr. Bridges for violating professional etiquette, 416
departure for England, 573
India on leave, 439
disgraceful scene between him and Dr. Bridges, 504
dissatisfied at Dr. Bridges' appointment , 426
Dr. Bridges' attack upon him re opium monopoly controversy, 473
elected president of the Royal Asiatic Society, 413
end of, riot, 410
extraordinary address upon Hongkong affairs and people, 393
conduct as counsel in his private capacity, 462
files a criminal information against W. H. Mitchell, sheriff, 388
fines a plaintiff and his witness for perjury, 371
first appearance as attorney-general, 375
forwards further memoranda asking for a fair trial, 513
gazetted a justice of the peace, 376
member of the Legislative Council, 371
goes to China in a " diabolic frame of mind, " 369
Manila, 538
Shanghai, 406
had sworn to destroy the wicked and corrupt administration of Sir J.
Bowring, 559
INDEX .
667
ANSTEY, T. C. - Continued.
having no confidence in the magistrates, asks a J. P. to sit with him,
403
himself and the Caldwell-Ma Chow Wong connexion in Parliament, 581
his abusive speech in his case against Mr. Mitchell, 404
argument in the poisoning case, 417
authority for saying The China Mail, a tool of Dr. Bridges, 5667
career in Hongkong, 439
consciousness of rectitude and the success of his efforts, 576
contempt of the quibble started by Dr. Bridges, 433
- determination to work the destruction of Sir J. Bowring's adminis-
tration, 569
estimation of the special jury, 405
fatal quarrel with Chief Justice Hulme, 439
- hands strengthened by result of case of Crown r. Tarrant, 562
incorruptible sense of public duty, 576
minute of protest of privilege in the Legislative Council, 541
opinion as to fees paid for marriages, 464
paltry, etc., action against Mr. Mitchell, 393
•
pamphlet on Civil Government in Hongkong, 590
recommendation re Chinese custom of compromise of felony, 451
relations with Sir J. Bowring, 426
revelations regarding the relations between Sir J. Bowring and Dr.
Bridges, 505
suggestion about a constable's number and cap crown ,' 402
suspension considered, 511
holds an inquiry re expenses of civil procedure and practice, etc., 385
hostilities between the executive and, 427
informed unless defence satisfactory, he will be suspended, 509
inquiries into charges by, 642
interesting speech upon the state of crime in the Colony, 461
is stopped by the jury in the defence of Crown e . Tarrant, 561
leaves for Canton, 463
Hongkong in bad health, 577
letter from the Earl of Carnarvon expressing regret at confirmation of
his suspension, 389
local view of him and of Chief Justice Hulme , 395
Lord Palmerston's fine revenge, 395
makes an affidavit of no confidence in special jurors, 392
public reparation to Chief Justice Hulme, 386
memorial of bankers and merchants to, for amalgamation of legal profes-
sion, 480
memorial to Secretary of State, on his suspension , 513
Mr. Mitchell acquitted of extortion on charge by, 393
no other man in the Colony qualified for task he had undertaken , 576
not resting on his oars on arrival in England, 578
objects to Chief Justice Hulme taking the bench at noon, 394
on Dr. Bridges' signboards, 552
-Police delinquencies, 402
- the Chinese and exorbitant lawyers ' charges , 486
paper on ' Did Alexander the Great in the course of his conquests ever
reach any part of the Chinese empire," 4! 1
on slavery and the Dred Scott decision, 478
' On the administration and value of judicial oaths amongst the
Chinese,' 406
previous career of, 367
proceeds to India and joins the local bar, 591
668 INDEX .
ANSTEY, T. C.- Continued.
prosecutes a Portuguese for obstruction, 413
protests against charges against Mr. Caldwell being called his charges,
510
renews his application for police protection, 494
reply to the barristers on subject of amalgamation of legal profession,
456
report on the gaol in 1858 , 644
resigns as a J. P. , declining to sit with Mr. Caldwell, 502
resumes old conflict with Dr. Bridges in Court, 549
returns from leave , 451
Shanghai, 408
to England from India on Mr. Caldwell's dismissal, 591
scene in Court between him and Dr. Bridges , 432 , 549
Mr. Hillier, and Mr. Mitchell, 378
Sir Ed . Lytton's despatch dismissing him , 585
- Wm. Molesworth and the conditions of his appointment, 405
sits for the Chief Justice, 371
slanders Chief Justice Hulme, 386
states in Council the registrar-general's office a sinecure, 495
successor of, as attorney-general, 589
suspected of a mean attack on Chief Justice Hulme, 405
suspended from office, 513
suspension confirmed , 582
the disgust in his mind owing to Dr. Bridges ' appointment over him, 578
- Executive Council decide to suspend him, 513
The Liverpool Albion on his appointment, 369
- local press on his departure, 577
The Times on himself, 583
thwarted by the Governor and Dr. Bridges as partisans of Mr. Caldwell,
576
tribute paid to, by the Newcastle Foreign Affairs Association, 650
want of knowledge of Chinese character, 371
war of mutual attack between himself and Mr. Mitchell, 391
See also Bar; Davies, H. T.; Murrow, Y. J.; Newcastle Foreign
Affairs Association ; Royal Asiatic Society ; Wilson, Andrew.
APATHY OF THE CHINESE. See Chinese.
APPEAL.
first, against a decision of the Supreme Court, 329
magistrate's decision, 89
See also Compton Case, The ; Consular Decisions ; Privy Council;
Supreme Court .
APPROVER. See Too Apo.
ARBITRATION . See Supreme Court.
ARCHDEACON PALEY . See Administration of Justice .
ARMY.
accommodation in early days, 268
action against lieut. Sargent by Mr. Cairns for assault and battery , 169
appointment of captain Maclean , R.A., as secretary to major-general
Jervois, 300
lieutenant-colonel Dunlop as officer commanding troops
and as a J.P., 385, 413
arrival of major-general Jervois , 301
INDEX . 669
ARMY- Continued.
authorities deny issuing order that military independent of Police, 129
case of privates Connors and Williams, 129
code of laws for the government of the Chinese drawn up by general
Gough, 338
colonel Griffin , a member of the Executive Council, 340
commandant of the Forces, 340
Haythorne, a member of the Executive Council, 568
conviction of private McHugh for causing death, 84
departure of captain Maclean, R.A., 343
colonel Griffin , 359
lieutenant-general Ashburnham , 449
major-general Jervois, 343
Staveley, 299
Van Straubenzee, 647
on leave of lieutenant- colonel Graham, 385
desertion of soldiers , 323
extraordinary conduct of lieutenant Macdonald towards major Caine,
sheriff, 76
lieutenant Armstrong appointed acting assistant magistrate, 86 , 89
-colonel Hope-Graham appointed to a seat in the Executivo
Council, 359
assumes command of the garrison , 359
-general Hon . T. Ashburnham, C.B., commander-in -chief of
land forces, 432
Macdonald court- martialled and punished, 77
Lord Saltoun and his fear of responsibility as to the erection of barracks,
268
major-general Jervois acts as governor and superintendent of trade, 322
administers the government, 332
appointed to succeed major-general Staveley, 299
Staveley administers the government, 200, 285
appointed lieut . -governor of Hongkong, 175
succeeds major-general D'Aguilar, 174
Van Straubenzee, a member of the Executive Council,
449
numerous desertions from 59th regiment, 377
officer commanding troops to be a member of the Executive Council, 427
officers gazetted as J. Ps., 413
reinforce the police to prevent disturbances, 409
scarcity of accommodation for officers, 269
sepoys attacked , 104
Sir Robert Garrett, a member of the Executive Council, 432
officer commanding the troops, 432
soldiers pardoned, 153 , 360
See also Da Costa , Captain, and Lieut. Dwyer ; Free Pardon ;
Hongkong ; Malcolm, Lient. -Col.; Police ; Supreme Court ;
Transportation .
ARRATOON APCAR, THE.
murder of Europeans on board, by Chinese, 335
ARREST .
the law regulating, of offenders by private persons, 452
treatment of persons arrested by the Police, 255
See also Chinese ,
670 INDEX.
ARROW, THE.
a Chinese pirate bearing the English flag, 599n
incident connected with, 431
Sir J. Bowring's action in reference to, 599n
ASHBURNHAM, LIEUT. -GEN. See Army.
ASIATIC SOCIETY. See Royal Asiatic Society .
ASSAULT .
committed by Mr. Strachan to obtain a judicial decision, 305
ASSEMBLY, UNLAWFUL.
arrest and conviction of tailors , shoemakers , and washermen , 437
See also Pork Butchers.
ASSESSMENT. See Land ; Police.
ASSOCIATIONS , SECRET . See Chinese.
ASSOW.
Mr. Caldwell's conduct in reference to, Police Court interpreter, 508
question in Parliament as to his dismissal, 588
Sir J. Bowring's explanation of Mr. Caldwell's conduct re, 529
ATTACHMENT . See Foreign Attachment.
ATTORNEY.
a lawyer's education, 238
bills of, and the taxing officer, 239
subject to taxation, 220
charges of legal practitioners, 258
complaints of the Chinese against extortionate charges of, 454, 494
discontinue entering cases for hearing before Mr. Campbell, 195 , 198
exorbitant charges discussed, 486
hold a meeting and resolve that Ordinances affecting them be published
before being passed , 382
in attendance on the revision of a bill of costs, 309
moderate schedule of, fees, 238
necessary evils, 235
necessity for, 218, 238
pernicious system of allowing unqualified persons to act as, 303
petition the Chief Justice for suspension of certain orders and acts of
Parliament, 382
- on the subject of Conrt fees, 207
practice of, appearing as counsel stopped, 302
the first six , 219
two still in practice, 220
See also Bar ; Bridges , W. T.; Caldwell, H. C .; Chinese ; Court
Fees ; Gaskell, W.; Legal Profession ; McSwyney, P. C.;
Oath ; Parker, N. D'E .; Practitioners -in-Law ; Professional
Men ; Supreme Court.
ATTORNEY -GENERAL.
an officer whose special function is to render counsel and assistance to
the local government, 585.
a suspended, seeking the punishment of the governor, 570
instructions to, to keep pace with progress of the times relative to acts
of Parliament, 571
non -prosecution ex officio by, in a libel case except on behalf of the
Crown, 654
INDEX. 671
ATTORNEY- GENERAL — Continued.
Sir John Bowring on the private practice of, 476, 528 , 549
the picture of an, as defendant in au action for libel, 405
See also Administration of Justice.
AUCTION.
custom of auctioneers bidding at their own sales, 278
duty abolished and licences granted, 232
reduction of duty on certain sales, 74
See also Bowring, John ; Land .
AUSTEN, ADMIRAL. See Navy.
AUSTRALIA.
neglect of authorities as to adventurers from, 279
See also references from Adventurers ; Transportation .
BAKER, CAPT .; TAM ACHOY AND OTHERS . See Buccaneering.
BALCONIES AND VERANDAHS . Sec Land.
BALFOUR, CAPT. G.
eulogizes Major Caine and Mr. Hillier, 134
BAMBOO ACT, THE . See D'Aguilar, Major-General.
BAMBOO STRIKING . See Watchmen.
BAR.
assignment of counsel , 436
barristers to receive their fees through their attorneys, 416
complaints that prisoners in capital cases not allowed counsel, 325
denial of counsel to prisoners, 38
Dr. Bridges' signboards, 551
fees allowed to counsel not considered sufficient, 309
letter from the, to the Attorney-General on the subject of amalgama-
tion, 456
Mr. Anstey on professional etiquette, 552
refusal of Consul at Canton to allow counsel to appear before him, 332
retaining fee, 460
rules occasionally infringed , 371
of etiquette drawn up by Mr. Anstey, 371
the Court assigns counsel and attorney to a prisoner, 381
See also Adams , W. H .; Anstey, T. C .; Attorney ; Bridges, W. T .;
Consular Courts ; Legal Profession ; Moresby, W.; Practition-
ers-in-Law; Professional Men ; Sterling, P. I.
BAXTER, THE REVD. W. See Church.
BELCHER, CAPT. SIR ED. See Navy.
BEVAN, W. F.
acting Clerk to Chief Justice Hulme , 331
relinquishes duties, 353
BILL OF COSTS .
a, for revision by the Court, 309
resolution that Chinese be notified that, are taxable, 194
BISHOP OF VICTORIA. See Church.
672 INDEX.
BLACK CAP, THE .
origin of, 430
See also Hulme , J. W.
BLACK HOLE , THE .
acrimony in England upon the subject of, 422
BOATS AND JUNKS . See Harbour.
BOGGS, ELI.
his evidence at the trial of Ma Chow Wong, the pirate, 436
released from gaol , 645
sent to America, 645
trial and conviction of, the American pirate, 436
BONHAM, S. G.
administration of, reviewed, 323
a good common lawyer, 238
appointed successor to Sir J. F. Davis, 168 , 173
assumes duties, 185
care as regards legislation , 294
commissions of, 185
commutes sentences of death as regards which Chief Justice Hulme held
out no mercy, 291
considered unfortunate that he did not remove Mr. Campbell, 195
departure of Lady Bonham, 299, 322
culogized , 206
final departure of, 340
his previous career, 173
--
tour, 195
knighted , 293
lay judges and, 221
leaves for northeru consulates, 200, 285 , 332
made a baronet, 331
misplaced leniency, 291
motives of delicacy in not removing Mr. Campbell, 198
pardons prisoners convicted on Too Apo's evidence, 174
policy in Hongkong, 341
proceeds to Canton under instructions , 304
--Shanghai, 309
public opinion of, 174
regard for public opinion, 238
return from leave, 331
the north, 331
the liberality of, 224
See also Tail Cutting.
BOWRING, DR. See Bowring, John.
BOWRING , JOHN.
" An empty -headed, malevolent, lying, political quack, " 589
a plain recall of, 587
appointed British consul at Canton, 227
Governor of Hongkong and Her Majesty's Plenipotentiary.
etc., 339
arrival in Hongkong as Governor, etc., 340
of, as consul at Canton, 236
as belonging to an unsatisfactory, etc. school, 536
asks Secretary of State to await result of investigations as to Mr. Austey's
statements, 502
INDEX . 673
BOWRING, JOHN- Continued.
a staunch and blind supporter of Dr. Bridges, 563
attempts to clear Dr. Bridges re opium monopoly controversy, 475
career reviewed, 596
Chambers's Encyclopædia on, 598
character of, in ' Journal of T. Raikes , Esq . ' . 387
cold shoulder from community on departure, 596
death of his father, 381
declines to accept Mr. Anstey's resignation as J. P., 502
departure and death of his wife, 471
for Mauila, 564
despatch reporting Mr. Anstey's suspension, 516
directly responsible for state of affairs in the Colony, 577
doubtful of his power to control the attorney-general, 391
early supersession of, 595
explanation for appointing Dr. Bridges as counsel to Superintendent of
Trade, 549
government of, contrived to whitewash Mr. Caldwell, 576
he is knighted , 339
Her Majesty's Plenipotentiary and Superintendent of British Trade, 322
his administration wicked and corrupt,' 595
- attitude during dissensions between Mr. Anstey and Mr. Mitchell,
391
-daughter Emily joins the convent, 596
demeanour in the Anstey and Mitchell cases, 405
departure, 595
endeavours to save his tottering administration, 535
- letter containing accounts of the poisoning case, 423
previous career, 227
re-marriage, 597
shameful administration , 469
Houses of Lords and Commons ask for recall of, 581
hymn of thanksgiving by, 422
leaves for the north, 353
motion in the House of Commons as to the registration Ordinance, 68
Mr. Anstey a scape-goat of, and the subject of attack, 563
Mr. Austey's revelations regarding relations between, and Dr. Bridges ,505
Newcastle Foreign Affairs Association convict him of falsehood , ' 650
notification of his assumption of duty as consul, 236
on our forbearance towards the Chinese, 423
private practice of the attorney-general and other officials, 476, 528 ,
549
-- the Chinese and the exorbitant charges of the lawyers, 186 , 493
proceeds to England on leave, 332
Java on leave, 331
proclamation of, to the Chinese, 24
reminiscences of, 596
reply of, as to measures taken for the protection of the Colony, 498
reports Mr. Anstey for taking retainers against the Crown, 564
returns to Canton, 331
Hongkong, 353
rupture between him and the Justices of the Peace, 399
takes leave on Mr. Mercer's return, 563
the abuse heaped on him on his departure, 596
- complete tool of Dr. Bridges , 559
The Pioneer on himself, 597
The Times on himself, 583
visit to Borneo, 564
674 INDEX .
BOWRING, JOHN- Continued.
See also Flogging ; Legislative Council ; London and China Tele-
graph, The Murrow, Y. J.; Newcastle Foreign Affairs As-
sociation ; Royal Asiatic Society ; Tong Aku.
BOWRING. JOIN CHARLES .
a good Chinese scholar, 322
a partner in Jardine, Matheson, & Co. , 468
appointed Justice of the Peace, 322
a son of Governor Bowring, 322
BOWRING, LADY. See Bowring, John.
BOWRING PRAYA. See Land.
BOWRING, SIR JOHN. See Bowring, John.
BRANDING.
dreaded by Chinese, 255
See also Secret Societies.
BREAD POISONING.
fresh attempt at, 428
See also Cheong Ahlum.
BREMER, COMMODORE, Sir J. G. See Navy.
BRIBERY. See Anstey, T. C.; Cheong Ablum ; Chinese ; Perkins, G.;
Police.
BRIDGES , W. T.
accuses Mr. Anstey of being his accuser in the opium monopoly con
troversy, 473
a committee appointed to inquire into his conduct as to opium mono-
poly, 472
acts as attorney-general, 322 , 347, 359
admitted to practice, 301
altercation between him and captain Peel for flying Governor's flag, 435
a member of the executive and legislative councils, 426
anticipates Chief Justice Hulme's early retirement, 369
an unpleasant scene between him and Mr. Anstey in open Court, 549
appointed acting colonial secretary and auditor-general with private
practice, 425
counsel to Superintendent of Trade on suspension of Mr.
Anstey, 547
as acting attorney-general, 331
astonishment at his not resigning the acting colonial- secretaryship, 475
conditions on which he was prepared to remain in office, 538
consults Chief Justice Hulme upon a matter, 340
degree of D. C. L. , conferred on him, 412
dinner given to him, 369
disgraceful scene between him and Mr. Anstey, 504
felt bound as a brother-freemason to stand by Mr. Caldwell, 561
he summonses two respectable residents for an alleged nuisance, 431
his acuteness consequent upon Mr. Anstey's relations with government,
509
- argument in the poisoning
case, 417
attack upon Mr. Anstey, 473 , 504
bill of costs against Mr. Tarrant in a criminal suit for libel, 653
-- expectations, 369
friend Mr. Mercer, 418
gorgeous signboards, 550, 551
INDEX . 675
BRIDGES, W. T.- Continued.
his officiousness , 431
- opinion commented upon in parliament, 431
that Chinese beyond pale of civilized nations repudiated , 377
petition to Legislative Council on law partnerships, 598
resignation of the acting colonial secretaryship, 509, 538
6
statement that Mr. Mercer was one of his dearest friends ,' etc. , 418 ,
426
suspicious conduct re the opium monopolist, 472
turn to ' go ' for Mr. Tarrant, 623
undue support of Mr. Caldwell in Ma Chow Wong's case, 446
vindictiveness as regards Mr. Tarrant, 623
visit to the Earl of Elgin, 435
imputations against him regarded by the Jury as proved , 562
informed that the Court does not sit as a consulting surgeon ,' 341
interference with his neighbours , 431
leaves for England without waiting for Mr. Anstey's arrival, 369
moves that money found on Cheong Ahlum be given up for his defence ,
415
Mr. Anstey's contempt for the quibble started by him, 433
revelations re relations between, and Sir J. Bowring, 505
statement respecting, never resented or repudiated , 651
Mr. Mongan's statement that, told him to burn papers re Ma Chow
Wong, 561
no longer eligible for government employment, 629
on law partnerships , 597
--- terms of great intimacy with Mr. Mercer, 425
prosecutes W. Tarrant for libelling him, 440
renewed libel, 448
question of destruction of papers by his orders before Parliament, 581
scene in Court with Mr. Anstey, 432
Shylock-like, thirsting for his pound of flesh, 623
Sir J. Bowring recommends him for the attorney-generalship, 516
supported by Mr. Mercer through good or evil report, 418
the baseness of his conduct, 446
mistake committed in appointing him acting colonial secretary, 433
relations between him and Mr. Caldwell, 559
Secretary of State's acknowledgment of his services, 509
The Times upon, 583
with an eye to the future, 509
See also Anstey, T. C.; Bowring, John ; Caldwell, D. R.; Tar-
rant, W .; Newcastle Foreign Affairs Association .
BRITISH COMMERCIAL RELATIONS WITH CHINA.
select committee of House of Commons appointed, 131
BRITISH LAW. See England .
BRITISH SOVEREIGNTY .
violated by Chinese government agents , 89
BRITISH SUBJECT .
law relating to contracts with, on Chinese territory by Chinese subjects
for cession of property in China, 377
Order of the Queen-in-Council for the conveyance and removal of, con-
victed in China, 429
publication of provisions relating to government of, in China, 142
See also England ; Japan ; Macao; Royal Orders-in-Council ; Su-
preme Court.
676 INDEX .
BROTHEL. See Prostitution.
BROWN, JAMES.
death of, solicitor, 430
BRUCE, CAPT.
acting superintendent of police, 41
relinquishes police duty, 76
BRUCE, HON'BLE F. W. A.
appointed lieut .-governor of Newfoundland , 97 , 108
Superintendent of Trade, 594
arrival as colonial secretary, 47
departure of, 97
on leave, 86
BUCCANEERING.
a buccaneering raid, 633
advantage taken of the raid to draw attention of Parliament to Hong-
kong affairs, 639
defendants' plea, 633
Hakka and Punti fight, 633
refusal of acting Chief Justice to allow copies of affidavits, 638
trial of Tam Achoy, Capt. Baker, and others, for, 633
BUCHANAN, MR.
acting C. J. Campbell's conduct in reference to , 195
fined for contempt of court, 195
BUILDINGS AND NUISANCES ORDINANCE . See Mitchell, W. H.;
Nuisances and Buildings Ordinance.
BURGASS, RICHARD.
a personal friend of Sir H. Pottinger, 25
clerk of council, 33
departure with Sir H. Pottinger, 49
legal adviser to the Government, 24
presented at the Queen's Levée, 78
BURKE AND NEWTON.
conviction for larceny on the high seas , 262
Newton escapes from gaol, found drunk, and committed for trial, 285
sentence on Newton for escaping from gaol , 289
CACKLING GEESE. See D'Aguilar, Major-General.
CAINE, G. W.
accompanies Sir J. Bowring to the north, 353
acting secretary to the Superintendency of Trade, 467
appointed junior clerk to the plenipotentiary, 353
a son of Col. Caine, 353
in charge of the Superintendency of Trade, 563
CAINE, W.
abandonment of charge against Mr. Tarrant, 170
acting colonial secretary, 86, 97
and auditor-general, 112
administers the government, 563, 597
as lieut.-governor authorized to act in the absence of the governor, 360
— one of the advisers of government, in Crown r. Tarrant, 557
attempt to carry him off, 430
INDEX . 677
CAINE, W.- Continued.
attitude consequent upon Mr. Campbell's report re Tarrant, 607
audits the registrar's accounts, 120
captain Balfour eulogizes, 134
charges W. Tarrant with libel, 605
chief justice Adams' opinion as to a prosecutor in a libel suit retaining
the whole bar, 655
Hulme fighting a libellous charge by Governor Davis,
aided by, 628
magistrate, 6, 24
of police and of the gaol, 6
commandant of Hongkong, 136
comments upon, as a magistrate, 104
commission of lieut. -governor, only effective in absence of governor, 340
committee of inquiry into complaints against his compradore, 143
complimentary addresses from Chinese and Indians, 627
conduct as to Chief Justice Hulme's suspension, 141
confirmed as colonial secretary and auditor-general, 140
departure of, 626
desirous that his protégé, Mr. Caldwell, should not appear an undesirable
object, 577
disappearance of his compradore after charges by Mr. Tarrant, 144
engaged the whole bar against Mr. Tarrant, 623
eulogistic article in The Dublin University Magazine on , 141
first appearance on the Bench after reinstatement of Chief Justice
Hulme, 252
frauds by his compradore, 143
gazetted a J. P., 123
member of the legislative council, 107
his abstention from committees, 557
career, 626
character and admiral Cochrane's libel against The Friend of China, 83
friendship for Mr. Hillier, 147
interference with Mr. May, 101
office of lieut. -governor, a sinecure, 360
past career reviewed, 112
pension and death, 628
reputation at stake in Mr. Tarrant's case, 202
-- vindictiveness as regards Mr. Tarrant, 624
how guided as a magistrate, 6
Mr. Tarrant's grievances respecting, 557
one of those who voted for Chief Justice Hulme's suspension, 202
on the eve of his departure , takes up the glove so often thrown at him,
609
ordinances in 1854 bear his name, 354
origin of his quarrel with Mr. Tarrant, 605
police magistrate, sheriff, and provost marshal, 48
remarkable coincidence on his departure, 627
resigns his seat in the legislative council, 121
senior member of the legislative council, 360
slandered as to extortions practised by Police on prostitutes, 80
the affidavit leading to proceedings for libel against Mr. Tarrant, 610
The Illustrated London News on the mirror presented to him, 627
the injury he had done to Chief Justice Hulme, 252
vindication of his character, 614
warrant of appointment as magistrate, 6
See also Tarrant, W.
678 INDEX .
CAIRNS , MR.
obtains damages against lieutenant Sargent for assault, 169
CALDWELL, D. R.
admiral Seymour records his sense of his services , 587
allowed head money for suppression of piracy , 286
answerable for blood-wreaking vengeance in a buccaneering raid, 635
appointed acting superintendent of police and registrar-general, 332
assistant superintendent of police, 128
Chinese interpreter, 82
interpreter and assistant superintendent of police, 171
interpreter to the Supreme Court and chief magistrate's court,
286
registrar-general, protector of Chinese , general interpreter, etc. ,
408
as prosecutor in a libel case, 651
attempt to carry him off, 430
charges against him by Mr. Anstey and Mr. May, 538
Chief Justice Hulme recommends his re-employment, 381
commission to inquire into charges against him by Mr. Anstey, 503
complaints at cases being frequently referred to him as arbitrator, 454
government expression of regret at his resignation , 361
notification to the Chinese announcing his appointment , as
registrar-general, etc., 410
he impugns the verdict of the jury in Ma Chow Wong's case, 416
-is charged by a local paper with extortion and perjury, 651
his affidavit in the buccaneering raid case, 636
appointment as J. P. deemed injudicious , 506
attitude respecting Too Apo, the informer, 191
conduct in the past concerning Too Apo, 286
early career, 82
grief at Ma Chow Wong's deportation , 554
- heavy fees as arbitrator, 455
-- loss as an interpreter , 371
multifarious duties , 327
name doomed to come up ever and anon, 651
unfavourably mixed up in a coolie kidnapping case, 651
re-introduction into the service due to his knowledge of Chinese, 648
inspired articles in the press at probable result if he resigned , 361
interests himself in Ma Chow Wong after conviction, 446
list of charges against him, 503
neglect of authorities to inquire into charges against, 501
notorious throughout Asia, 649
on paper burning as an oath, 311
-the mode of swearing Chinese witnesses, 314, 315
relations between him and Dr. Bridges, 559
relationship by Chinese usage between him and Ma Chow Wong, 446
report of commission on charges against him, 506
resigns office of assistant superintendent of police and general interpreter,
361
result of case of Crown v. Tarrant in reference to him, 562
rewarded for assisting in the suppression of piracy, 286
sharp debate in the legislative council re his character, 501
Sir J. Bowring's reference to him and services, 519, 520
taken into the service again, 408
takes leave, 293
the large powers given him, 410
local support given him, 641
INDEX. 679
CALDWELL, D. R. - Continued.
the reason for his exertions for Ma Chow Wong, 447
-c undue support given him by Dr. Bridges, 447
what his re-employment afterwards proved to government, 408
See also Newcastle Foreign Affairs Association ; Pork Butchers.
CALDWELL, H. C.
Cera
a backed criminal warrant in the hands of the police, 590
arrival of, from London, 590
as an attorney of the Supreme Court, 590
Mr. Anstey's report re, to the Secretary of State, 590
previously Registrar of the Recorder's Court at Singapore and a fugitive
defaulter, 590
CALLAGHAN, T. J.
appointed chief magistrate, 658
CAMPBELL, C. M.
acting attorney-general , 121
chief justice, 167
a description of him, 202
admission to the local bar, 121
after the return of Chief Justice IIuline he is out of employmont, 201
agitation sets in against his retention on the Bench, 198
a half-caste barrister,' 168 , 202
alleged squeamishness , 170
alluded to as a ' beauty,' 287
a member of the Legislative Council, 121
' a pariah practitioner,' 202
appointed advocate in admiralty, 123
a puppet whose malice checked by imbecility, ' 220
arbitrary conduct of, 195
arrival from Calcutta, 120
as acting attorney-general, 204
attitude of Major Caine in possession of report of, re Tarrant, 607
career in Hongkong, 202
cast into oblivion, 201
comments upon, 194, 208
continues to act as chief justice on Mr. Sterling's return, 185
departure from Hongkong, 204
directed the prosecution against Chief Justice Hulme, 168
directs the jury to non-suit the case of Portuguese against Mr. Hillier,
193
exhausts the patience of suitors and others, 194
general comments upon, 202
his conceit , 202
erroneous decisions, 203
inexperience, 198
law, 194
nocturnal visits to the police offices, 204
• 6
orders for cutting off tails ' of Chinese and shaving crowns ' of
heads, 132 , 203
---
report on Mr. Tarrant's charges against Major Caine, 608
---
subserviency to Sir J. Davis, 185
how he conducted himself on the Bench, 168
increased the revenue, 222
treated plaintiffs' attorney, in the Portuguese case against Mr.
Hillier , 193
680 INDEX .
CAMPBELL, C. M. - Continued.
like a second Bottom undertakes the parts of both Pyramus and
Thisbe, ' 171
on the status of Chinese prisoners as British subjects, 193
sitting of the vice-admiralty Court under, 174
still on the public mind , 233, 234
the inquiry of, into Mr. Tarraut's charges against Major Caine, how con-
stituted, 609
undignified contempt of the community, 205
'--vicious tool,' 221
unfitted for his position, 202
would not resign as acting chief justice in favour of Mr. Sterling, 194
CANTON.
British Court of Justice in, 2
subjects in, address the government, against registration , 68
commercial interests of England at, 189
criminal and admiralty court in, removed to Hongkong, 18
expedition to, 136
governor Davis and major-general D'Aguilar accompany expedition to,
136
See also Admiralty ; Bonham, S. G.; Bowring, John ; Compton
Case, The ; Consular Decisions ; Davis , J. F.; McGregor, F. C.
CAPE OF GOOD HOPE.
Cape Anti-Convict Association, 274
Colonists disapprove of transportation to, 274
See also Transportation.
CAPITAL CASES . See Bar ; Death Sentences.
CARNARVON, EARL OF. See Secretary of State.
CAROLINE, the. See Piracy.
CARRINGTON, SIR J. W. See Supreme Court.
CARTER, MR.
extraordinary conduct of, a J. P., 251
he is charged with felony by a Mr. Marques, 252
CASES .
Anderson v . Gorrie, 10 T. L. R. 183 ; id. 660 ; ( 1895) 1 Q. B. 668 ; 71
L. T. 382, 155n
Belilios v. Ng Li Shi, 24n
carelessness in getting up, 263
Christopher v. Armstrong, 89
Chuu Atee v. You Tsoi, 307
Cum Cheong v. McSwyney, 251
Matthyssons v. Matthyssons, 99, 311
Nuncheong v. McGregor, 204
Phillips, Moore, & Co. v . Arnott, 302
precedence of cases for hearing settled , 398
re Nuncheong, 203
Regina v . Cheong Ah Ng, 432
Entrelman & Samut, Car. & M. , 248 , 99n
Leaong Lao Tong, 262
Alsey & Anor., 311
Robertson v. McSwyney, 250
Rustomjee and Co. v. Macvicar and Co., 83
INDEX. 681
CASES , - Continued.
Smyth, ex parte, 2 C. M. & R. 748 , s. c . 3 Ad . & E. 719 ; 1 Tyr. & G.
222 ; 5 N. & M. 145, 329
Tip Chin Leu v. Lum Ah Kun, 462
Wardley & Co. v. Wilkinson, Sanders, & Co., 332
See also Indictments ; Privy Council.
CAUSE LIST. See Cases ; Supreme Court.
CAY , R. D.
a commissioner for taking affidavits, 67
arrival as Registrar of the Supreme Court, 47
death of Mrs. Cay, 325
departure on leave, 332
extension of leave, 353
master in equity, 173
registrar of the admiralty court, 123
resignation of, 383
CELLS . See Police .
CENSUS. See Registration.
CHAMBERS . See Press.
CHARGES . See Indictment.
CHARTER.
law of Eugland introduced by, 23
See also Hongkong.
CHEONG AHLUM.
a Chinaman sent to prison for attempting to bribe a juryman in case of,
421
after discharge, re-apprehended with other prisoners, 418
allowed to leave Hongkong unless fresh facts forthcoming, 421
attempt to poison the foreign residents, 414
chief justice Hulme acquiesces in the verdict of the jury, 118
crowded state of the gaol induces government to release some of the
prisoners, 420
discharged from custody, 437
he and confederates committed for trial, 415
his arrest, 415
croditors in the lurch, 437
departure for Macao, 414
Mr. Anstey and Dr. Bridges as counsel in re, 434
-- W. Tarrant recovers damages against, 434
petitions respecting, after discharge, 419
preliminary inquiry into case of, 415
secretary of state's despatch respecting, 419
Sir J. Bowring's reference to case of, after suspension of Mr. Anstey, 518
the attorney-general upon the case , 417
- honour of the British name, 418
trial of, with confederates, 415 , 416
See also Bridges, W. T.; Police .
CHIEF JUSTICE.
as a member of the Executive Council, 647
comments on inadvisability of reducing the salary of, 657
Mr. Clay, M. P. , on the, 304
682 INDEX .
CHIEF JUSTICE, —Continued.
position fixed and offers of the appointment, 43
salary of, criticized in parliament, 290
reduced , 657
See also Precedence ; Supreme Court.
CHIEF SUPERINTENDENT OF TRADE . See Superintendent of Trade.
CHIMMO BAY PIRACY.
piracy on the Caroline and Omega, 174
See also Piracy ; Too Apo.
CHINA.
appointment of Justices of the Peace in, 25
British commercial relations with, 130
committing hostilities against the subjects of the Emperor of, 633
convention and treaty of the 26th June, 1858, 658
first Court held in, for trial by jury, 37
hostile comments as to supplementary treaty with, 43
hostilities with, and Hongkong affairs , 497
importance attached by home government to commercial relations with,
258
report of select committee on commercial relatious with, 172
supplementary treaty with, 43
the scandal attached to the British Government in, 649
treaty of peace and friendship with, 15 , 499
with, commended to the admiration of the whole world, 16
See also Canton ; Chinese.
CHINA MAIL, THE.
as the avowed organ of the government, 566
See also Anstey, T. C.; Wilson, A.
CHINA, THE FRIEND OF. See Tarrant, W.
CHINESE.
address to Chief Justice Hulme on his suspension, 165
a girl pledged for debt due, 307
anxiety to serve on the jury, 578
apathy characteristic of, 334, 451
displayed by, when their persons, etc., not at stake, 334
a prisoner under sentence of death attempts to bribe the turnkey, 351
callousness in committing suicide, 75, 90, 537
cases characteristic of, 307
code of laws for government of, by General Gough, 338
confidence in Chief Justice Hulme, 455
contempt for mildness of English criminal law , 55
death by hanging regarded as ignominious, 96
decline co-operation in putting down piracy, 17
demonstration re Buildings and Nuisances Ordinance, 408
determination of, affairs, 338
difficulty of identification , 93
in recognizing features, 93
disregard of truth, 275
duties of Tepos, 338
English criminal law as regards offenders, 264
unsuitable for, 288
European and American police with , commit burglary, 378
INDEX. 683
CHINESE, - Continued.
example required to prevent, from committing piracy and murder, 291
exorbitant charges of the lawyers , 486
feeling against local authorities , 410
first attempt at legislation for benefit of, 338
forbearance to, 255
misunderstood by, 423
forbidden to walk the streets after 11 p.m., 17
frequent murders amongst, 96
governed according to laws, customs, and usagos of, 5
government notification as to Mr. Caldwell's appointment as protector,
410
seek advertizement to please , 580
warning as to Trades Unions and Secret Associations, 436
gratified at the execution of two English sailors for murder, 580
grievances by, formulated, 410
handing over of suspects to, authorities, 257
heavy bills of costs against, 219
ill-judged and impolitic that, amenable to their laws and usages , 19
introduction of, as advocates, and their employment in administration of
justice advocated, 81
invited to trade with Hongkong, 9
jurisdiction in civil suits between, subjects when originating out of the
Colony, 301
law relating to contracts with British subjects by, for cession of property
in China, 377
less partial to litigation, 220
main opposition to, being entrusted with the administration of the law, 339
mode of swearing, witnesses in early days, 313
native laws adopted, 21
neither fathom our justice nor understand our law, 289
no more corrupt people upon earth, 339
offenders punished according to laws of China, 20
opinion that, beyond the pale of civilized nations, repudiated , 377
Paouchong and Paoukea peace officers, 338
proclamation against seditious movement in China, 365
as to cession of Hongkong, 5
regarding disturbances, 409
requiring obedience to laws and good behaviour, 499
punishment according to usage of China, 103
resolution that, be informed that bills of costs are taxable, 494
respectable, dreading to come to Hongkong, 133
subjects of the Queen of England, 5
system of morality amongst, 275
' tails ' of, and ' crowns ' of head ordered to be shaved by Mr. Campbell,
203
the enormous charges of the lawyers against, 493
enthusiasm of, mandarin at Kowloon at execution of two English
sailors, 580
-
first Chinese juryman in Hongkong, 465
gallows no terror, 96
- law of arrest and the manners and customs of, 307
- obligation of an oath amongst, 275
their action in the Cheong Ahlum poisoning case, 419
warning of government as to apathy of, 451
See also Anstey, T. C.; Supreme Court : Attorney ; Branding ;
British Sovereignty ; Civil Service ; England ; Executions ;
681 INDEX .
CHINESE.-Continued.
Extradition ; Flogging ; Interpretation ; Jury ; Night Passes ;
Oath; Perjury ; Police ; Prostitution ; Registration ; Secret
Societies ; Tail Cutting ; Transportation ; Watchmen .
CHUI APO.
a Chinese outlaw and pirate, 228
admits being implicated , 297
as a bucanier, 259
capture of, main reason for continuing expedition , 260
conviction of his brother and nephew, 361
doubts as to legality of his capture, 297
his capture, 296
influence , 259
how his capture was effected , 297
in command of a fleet, 260
inculpates the deceased officers , 298
ineffectual attempt to capture him, 260
sketch of, in The Illustrated London News , 297
squadron commanded by him destroyed, 264
suicide of, in gaol, 299
trial and conviction of, for murder of Captain Da Costa and Lieutenant
Dwyer, 298
verdict of manslaughter commented upon in England, 299
wilful murder against him by coroner's jury for murder of
Captain Da Costa and Lieutenant Dwyer, 229
See also Chui Asam ; Da Costa, Captain, and Lieutenant Dwyer ;
Piracy.
CHU AQUI.
a notorious pirate, 471
at the head of incendiaries, 471
CHUCK CHU. See Stanley.
CHUI ASAM .
conviction of the brothers, brother and nephew of Chni Apo, 361
CHUN A YEE . See Transportation .
CHUN CHUEN SHE. See Perkins, G.
CHUN CHUEN TAI. See Perkins, G.
CHUN TEEN SOONG.
a notorious pirate executed, 97
confessed to nine acts of piracy and murder, 97
CHURCH.
bishop of Victoria takes a charitable view of Sir J. Bowring, 535
-Victoria's proposal for a day of fast and humiliation and the
decision of Secretary of State, 360
case of the Rev. W. Baxter appointed colonial chaplain of Hongkong, 351
complaints against the marriage fee paid for marriage to the chaplain, 464
extraordinary conduct of the Rev. W. Baxter, 351
Mr. Anstey's opinion as to payment of marriage fee to the chaplain , 465
Baxter's case discussed in Parliament, 351 , 352
proclamation of a day of fast and humiliation, reserved to the sovereign,
360
resignation and departure of the Rev, W. Baxter, 352
INDEX . 685
CHURCH,--- Continued.
Rev. J. J. Irwin appointed colonial chaplain, vice Baxter, 353
M. C. Odell appointed acting colonial chaplain, vice Baxter, 352
See also Bowring, John ; Da Costa, Captain, and Lieutenant Dwyer ;
Macao ; Smithers, J.; Supreme Court.
CHUSAN.
comparison between Hongkong and, 88
convention as to, 99
departure of Governor Davis for, 98
Governor's proclamation and warning as to, 98
restored to China, 98
CITY HALL LIBRARY. See Tarrant, W.
CIVIL CASES. See Jury.
CIVIL LAW . See Executive.
CIVIL SERVICE .
chief magistrate to be police magistrate, sheriff, and provost marshal, 48
colonial secretaryship amalgamated with auditor-generalship, 111
commission of inquiry as to fees received by government officers, 358
communications regarding the Colony to be addressed to the colonial
secretary , 360
government officers and their interest in landed property, 423
knowledge of Chinese ground for promotion , 361
money-lending by public officers at high rate of interest, 422
rules relating to the colonial service, 15
the unfortunate condition of the public service to be inquired into by the
new Governor, 585
See also Addresses to Officials ; Crown Solicitor ; Hongkong ; Pre-
cedence ; Secretary of State.
CIVIL SERVICE ABUSES INQUIRY.
' a tribunal where neither quirks nor quibbles would be permitted ,' 652
government notification announcing inquiry into alleged abuses, 653
members of the committee, 655
sittings of, 655
the inquiry before the governor in executive council, 653
-notification published in Chinese, 653
CLEANLINESS .
disregard of public, 123
CLEVERLY, C. Sr. G.
gazetted to a seat in the Legislative Council as Surveyor-General, 448
statement as to conduct of Dr. Bridges and Mr. Caldwell, 561
CLIFTON, MR.
acting assistant Superintendent of Police, 293
his dismissal from the Shanghai Police Force, 658
COATES, CAPT.
action against, for damages, 98
sympathy with, 98
COCHRANE, ADMIRAL . See Navy.
COCK BIRDS . See Oath, Jury.
CODE . See Administration of Justice, Consular Ordinances,
686 INDEX .
COLE, CAPT.
case against him and crew for piracy, 206
thrown out, 209
COLEY, R.
in partnership with W. Gaskell, 108
COLLIER, ADMIRAL. See Navy.
COLLINS , J.
appointed head constable and gaoler, 71
death of, 248
COLONIAL CHAPLAIN. See Church.
COLONIAL OFFICE . See Secretary of State.
COLONIES, THE.
a matter unique in all the scandals of the government of, 405
sympathy in, regarding Chief Justice Hulme's suspension, 197
the press of, on Mr. Tarrant's treatment, 621
See also Administration of Government ; Civil Service.
COMBINATIONS , ILLEGAL.
government notification respecting, 24
COMMERCIAL RELATIONS WITH CHINA. See China.
COMMISSION.
as to fees received by government officials, 358
into charges preferred by Mr. Anstey against Mr. Caldwell, 503
Dr. Bridges ' conduct in respect of opium monopoly, 472
See also Administration of Justice ; Civil Service Abuses Inquiry ;
Police ; Prison .
COMPENSATION. See Land.
COMPRADORE. See Caine, W.; Tarrant, W.
COMPROMISE OF FELONY. See Anstey, T. C.
COMPTON CASE, THE.
appeal against the decision of H. M. Consul at Canton, 115
to the Supreme Court, 115
Chief Justice Hulme quashes the conviction , 116
consul's proceedings a series of blunders, 115
conviction of Mr. C. S. Compton for assault, 115
Governor Davis asked Chief Justice Hulme to confirm the sentence, 137
confirms the sentence, 115
local and home views of the case, 117
Lord Palmerston's despatch respecting, 117
Mr. Compton a fellow-passenger of major-general D'Aguilar to England,
176
opinion of the law officers of the Crown upon the case, 118
public interest in, 118
result of Mr. Compton's complaint against consul McGregor and Gov-
ernor Davis, 118
See also Davis, J. F.; Hulme, J. W.; McGregor, F. C.
CONFESSION. See Gambling.
CONSPIRACY.
Mr. Tarrant's case as to, 288
INDEX. 687
CONSPIRACY, Continued.
two prisoners convicted of, being found to be man and wife are released,
288
See also Caine, W.; Caldwell, D. R.
CONSUL. See Keenan, Consul.
CONSULAR APPOINTMENTS . See House of Commons ; Interpretation .
CONSULAR COURTS .
jurisdiction over, 658
privilege of barristers to appear in, extended to Americans , 375
the authority of barristers to appear in, 374
CONSULAR DECISIONS .
civil appeals to the Supreme Court of Hongkong from, 301
decision of Her Majesty's consul at Canton against the master of the
Lady M. Wood reversed, 300
discretionary powers as to allowance of appeal from, 318
Governor Davis and, 226
asks for powers to prevent appeal from , 138
withdrawal of appeal to the Supreme Court of Hongkong against, 137,
318
CONSULAR JURISDICTION.
in appeals to the Supreme Court of Hongkong and to the Chief Super-
intendent of Trade, 336
— civil suits , 336
circular to Her Majesty's consuls in China as to, 75
power for Superintendent of Trade and consuls to make rules, 336
of deporting refractory subjects , 337
to send case for trial before Supreme Court of Hongkong, 337
See also Compton Case, The ; Interpretation ; Japan ; Superin-
tendent of Trade ; Supreme Court.
CONSULAR ORDINANCES .
abolished and a code substituted , 336
No. 1 of 1844 ...... 24, 34, 138 , 192 , 193 No. 1 of 1847 ......
.... 137, 138
2 115, 138 2 ...... 318
5 ..... 115, 116, 117 3 ...... 301
6 138 2 of 1852 ... 318
7 ...... 75, 116, 117 , 142
CONSULATES .
assistants in, and the study of Chinese, 348
See also Interpretation .
CONTEMPT OF COURT .
a witness professing ignorance of language, punished for, 328
CONTRACTS . See British Subject.
CONTRIBUTION. See Caine, W.; Police ; Prostitution ; Subscription .
CONVICTS . See Cape of Good Hope ; Mutiny ; Piracy ; Prison ; Prison-
ers ; Transportation.
COOPER-TURNER , G.
admission as an attorney, 350
appointed Crown solicitor, 411
his card, 350
takes over Mr. Tarrant's business, 600
See also Hazeland, F. I.
688 INDEX.
CORCYRA, THE. See Peterson, John .
CORONER .
first inquest, 16
inquests to be held at Central Police Station, 325
upon a policeman , 370
' joint-coroners ' , appointed , 213
the long tale of police and prison misgovernment, 370
verdict of the jury as to ill-treatment of a prisoner by the police, 370
See also Evidence ; McSwyney , P. C.
CORRUPTION. See Chinese ; Police ;
COSTA, CAPT. DA, AND LIEUT. DWYER. See Da Costa, Capt. , and
Lieut. Dwyer.
COSTS. See Attorney ; Bill of Costs ; Chinese ; Libel ; Magistrate.
COUNSEL . See Bar.
COURT FEES .
exorbitant in chief magistrate's court, 33
rule of court regulating, 354
table of, in police magistrate's office , 155
See also Attorney ; Bar ; Supreme Court.
COUSENS AND NEILL .
sentence for causing a revolt on, and running away with, the Kelso, 293
CRIME. See Administration of Justice ; Lighting of the Town.
CRIMINAL COURT. See Administration of Justice ; Canton ; Hongkong;
Magistrate.
CRIMINAL LAW. See Chinese.
CRIMINAL SESSIONS . See Administration of Justice ; Supreme Court.
CROWN. See Libel ; Magistrate ; Penalties .
CROWN LAND AND LEASES . See Land.
CROWN RENTS . See Land.
CROWN SOLICITOR.
increase of pay to, 629
legal official communications ordered to be sent to, 427
See also Hickson , J. J.
CURRENCY.
coins of the United Kingdom made current, 333
DA COSTA, CAPT. , AND LIEUT. DWYER.
body of Captain Da Costa found, 229
Lieutenant Dwyer never recovered, 230
funeral of Captain Da Costa, 230
letter in London Weekly Dispatch unfavourable to, 299
murder of, 228
part Chui Apo played when, murdered, 259
the inquest, 229
their bodies hurled into the sea, 229
the sad tale, 229
tablet to their memory in St. John's Cathedral, 299
verdict of the Jury, 229
See also Chui Apo.
INDEX. 689
D'AGUILAR, MAJOR-GENERAL .
addresses to , on departure, 175
administers the government, 58 , 98 , 146, 170
appointed colonel of the 58th Foot, 175
arrival of, 32
considered eccentric, 96
death of, 177
departure of, 175, 189
dinner in his honour, 175
his career as lieut.-governor of Hongkong, 176
-- faults and eccentricities overlooked , 176
magnanimous conduct towards Chief Justice Hulme, 176
quarters, 268
Mr. Compton his fellow-passenger to England , 176
on duelling , 78
prosecution of a Mr. Welch by, for having music ' in his house, 86
Wiseman at instance of, for furious riding, 96
skit on him in The Dublin University Magazine, 176
the ' Bamboo Act ' and ' the cackling geese, ' 176
See also Watchmen.
D'ASSIS , PACHECO , AND DE MELLO, CASE OF.
acting Chief Justice Campbell directs jury to non-suit the action against
Mr. Hillier, 193
action against Mr. Hillier, 193
a summary of the case, 210
case connected with Marçal, 105
Chief Justice Hulme grants a new trial , 210
plaintiffs every facility, 210
-Hulme's decision in the case, 211
governor of Macao asks for surrender of, 103
Mr. Hillier under instructions surrenders , 106
new trial granted by Chief Justice Hulme, 210
the facts of the case, 105
verdict for Mr. Hillier, 211
See also Macao.
DAVIES, H. T.
appointed chief magistrate, 384
commissioner of foreign Chinese customs, 600
arrival of, 407
as a supporter of Mr. Anstey, 600
defends Mr. Anstey in Council, 573
gazetted an official member of the legislative council, 427
his protest against government refusal to produce papers re opium farm
privilege, 570
moves in the Legislative Council for correspondence re opium farm pri-
vilege and Dr. Bridges, 570
on the unmerited slur cast upon Mr. Anstey, 573
resignation of, 600
state of affairs on his arrival in Hongkong, 407
why he resigned , 600
DAVIS, J. F.
a comparison drawn between, and Chief Justice Hulme, 200
an arch-hypocrite,' 199
appoints his nephew, Mr. Mercer, a member of the Legislative Council,
170
690 INDEX.
DAVIS, J. F. - Continued.
as a governor , 186
asked Chief Justice Hulme to confirm sentence in Compton case, 137
for powers to prevent appeal from consular decisions, 138
comments respecting, 186
complimented in Parliament, 69
consular decisions and, 226
criticizes Chief Justice Hulme's decision in the Compton case, 116
departure for Canton, 169
Chusan, 98
Cochin China, 146
England , 185
directions to consul at Canton in the Compton case, 115
disagreement between him and Chief Justice Hulme in the Admiralty
Court, 139
had a complete establishment, 188
his arrival, 47
attitude towards the Canton merchants, 137
charge of drunkenness against Chief Justice Hulme, 119
commissions, 48
conduct as viewed outside the Colony after suspension of Chief Justice
Hulme, 167
-
"desire to restrain the excesses of the English," 116
interference with the administration of justice, 220
legislation, 187
life in Hongkong after the Hulme episode, 173
model lawyer, 204
previous career, 48
report of the Compton case to Lord Palmerston, 116
resignation accepted unhesitatingly, 188
- secret accusations not confined to Chief Justice Hulme , 195
services in China, 186
----
unfair animadversion upon Chief Justice Hulme's decision, 116
vindictiveness in relation to Chief Justice Hulme, 146
inspects northern ports, 58
interested in Mr. Campbell, 202
Lord Palmerston's instructions to him regarding Mr. Compton's conduct,
118
made a baronet, 87
K.C.B., 353
odium attached to him owing to Chief Justice Hulme's suspension, 188 , 195
of retired habits, 187
questions the right of the chief justice to be styled ' My Lord ,' 140
reprehensible conduct as regards Chief Justice Hulme, 156
returns from Canton, 170
Cochin China, 150
rumoured resignation, 130, 168
still in view, 234
succeeds Sir II. Pottinger, 45
the despicable ' man, 167
nature of his legislation, 188
threatens to suspend Chief Justice Hulme, 141
vice-admiral of Hongkong, 95
when he resigned , 185
wished Mr. Campbell to dispose of certain cases, 195
See also Admiralty ; Canton ; Chusan ; Consular Decisions ; Hulme,
J. W.; Mercer, W. T.
INDEX . 691
DAVIS , SIR JOHN. See Davis, J. F.
DAY, JOHN.
appointed acting attorney-general, 515
to hold a court of summary jurisdiction , 366 , 367
death of, 538
reports Mr. Anstey for appearing as Mr. Tarrant's counsel, 558
Secretary of State's approval of, as acting attorney -general, 538
DEATH SENTENCES .
on four Chinese, 138
Hon Arkeun , 237
one Chinaman, 90
Selico for murder, 307
- six Chinese, 253
376
ten Id., 289
Portuguese , 324
-three Chinese, 283
429
Englishmen, 580
two Chinese, 293
328
Malays, 319
See also Executions ; Piracy.
DECLARATION. See Oath.
DENT, JOHN .
appointed a member of the legislative council, 449
DEPOSITIONS .
the real value of, taken in extenso, disclosed , 380
See also Witness.
DESERTION. See Army ; Merchant Shipping ; Navy ; Whalers .
DICK, THOMAS .
Chinese interpreter to the supreme court, 595
deputy commissioner of customs at Canton, 648
his knowledge of the Cantonese and mandarin dialects, 648
interpreter to the commissariat department of the expeditionary force,
648
resignation as interpreter of the supreme court, 648
DIVORCE .
Matthyssons v. Matthyssons , 99, 100
Mitchell v. Mitchell, 333
DIVORCE AND MATRIMONIAL CAUSES .
sections of Act of Parliament extended, 471
DOOR LAMPS .
maintenance of, by householders , 123
See also Lanterns ; Lighting of the Town.
DUBLIN UNIVERSITY MAGAZINE, THE
articles attributed to Mr. Sirr, 177
eulogistic article on Chief Justice Hulme, 161
major Caine, 141
skit on major-general D'Aguilar, 176
692 INDEX .
DUDDELL , G.
government auctioneer, 430
saddled with costs , 278
sale of a ship by, ordered to be re-sold by Chief Justice Hulme, 278
suspicion of collusion between sheriff Holdforth and, 277
See also Holdforth , C. G.
DUELLING. See D'Aguilar, major-general.
DUKE OF WELLINGTON.
death of, 328
DUNCAN-JENKINS EPISODE .
extraordinary conduct of Mr. Hillier and of Mr. McSwyuey, 108
verdict of manslaughter against Duncan and Jenkins, 109
DUNLOP, LIEUT.- COL. See Army.
DWYER, LIEUT. See Da Costa, Captain, and Lieutenant Dwyer.
EDGER, J. F.
elected first member of the legislative council, 261
his death, 449
ELGIN, EARL OF.
arrival in Hongkong, 435
Dr. Bridges ' visit to , 435
levée and departure, 435
ELLIOT, CAPT. CHARLES .
appointed chief superintendent of trade and Her Majesty's plenipoten-
tiary, 3
consul-general at Texas, 10
arrival in England , 10
departure of, 10
letter as to disposition of crown lands to Jardine, Matheson, & Co., 8
proclamation by, 4, 5
Sir Robert Peel on, in the House of Commons , 10
ELMSLIE, A. W.
acting consul at Canton , 189, 323
private secretary to Sir H. Pottinger, 189
EMPLOYMENT . See Labour.
ENCROACHMENT . See Land.
ENGLAND.
character of, raised by Sir H. Pottinger, 51
Chief Justice Adams on English law in Hongkong, 637
Hulme on English law, 165
criminal law of, unsuitable for Chinese, 264, 288
error in maintenance of laws , etc. , of conquered countries, 19
government notification that under authority of law of, equal justice to
all, 580
introduction by charter of law of, in Hongkong, 23
justice in, 220
law of, and the Chinese as British subjects, 192
as regards Chinese offenders, 264
to murder, 85
was the law of the Colony at its cession, 653 1
liberties and prospects of Englishmen at mercy of unqualified men, 138
magnanimity of, unparalleled in the annals of nations, 52
INDEX . 693
ENGLAND, -Continued.
policy of, in China one of universal commerce, 52
proclamation of Sir J. Bowring to the Chinese respecting the laws of, 365
rejoicings in, on conclusion of peace with China, 16
safeguards of English law, 258
See also China ; Chinese ; Hongkong ; House of Commons ; House
of Lords ; Macao ; Secretary of State.
ESING FIRM.
title of the firm connected with ' bread-poisoning,' 414
See also Cheong Ahlum.
ETIQUETTE . Sec Bar ; Professional Etiquette.
EUROPEANS . See Arratoon Apcar, The ; Executions ; Long Ah Sai ;
Piracy ; Police ; Prisoners ; Registration ; Transportation .
EVIDENCE.
articles abstracted after trial, 290
disregard for truth by certain witnesses, 275
loose manner in which taken, 111
mode of taking, by magistrate and coroner, 379
power to amend informations and , of certain witnesses made admissible,
274
See also Deposition ; Witness .
EXECUTIONS.
a disgraceful scene at the, of three pirates, 285
American executioners, 242, 324
a protest at the exposure of the gallows after, 386
Chan Afoon hanged along with Ingwood, 85
disgraceful execution of Chum Chuen Tai, 350
dreadful execution of six pirates at West Point, 241
first, in Hongkong, 70
lamentable bungling at the, of Gibbons and Jones , 580
of Abdullah for murder, 658
-Chan Afoon for shooting with intent to murder, 85
Ching Afat for murder, 96
Chun Teen Soong, a notorious pirate, 97
four pirate convicts , 175
Ho Apo, the murderer of Mr. Markwick, 429
- Ingwood, of H.M.S. Driver, for murder, 85
James Kain, a private of the Royal Marines, for murder, 553
- Lee Akung for murder, 361
Lo Chun Sun for piracy and murder, 600
Look Ah Song, murderer of the boy Glatz , 462
Mo Yeen for murder, 90, 213
Ng King Leang, 429
Shun Ah Muen and Lee Ah Foo, 376
six Portuguese seamen for piracy and murder, 324
-- the two English sailors Gibbons and Jones, 580
three Chinese pirates at West Point, 285
old and rickety state of the gallows , 285
previous, spot, 386
Samarang's cruel and disgusting execution, 386
the government seek advertizement after the, of Gibbons and Jones,
580
See also Death Sentences .
694 INDEX .
EXECUTIVE.
civil law degraded by magistracy being subservient to, 129
See also Administration of Government ; Administration of Jus
tice ; Anstey, T. C .; Civil Service ; Magistrate.
EXECUTIVE COUNCIL .
appointments to, 24
complaints as to , 40
consider the advisability of Mr. Anstey's suspension , 511
Sir J. Bowring's reference to Mr. Anstey's revelations in, 506
See also Army .
EXPEDITION. See Buccaneering.
EXTORTION.
a suggestion by the sheriff not amounting to, 393.
See also Caine, W.; Gambling ; House of Commons ; Police ;
Prostitution ; Tarrant, W.
EXTRADITION.
engages the attention of the executive, 260
handing over of Chinese subjects to their authorities, 257
no community of feeling between English and Chinese magistrates, 93
surrender of Chinese deemed a disgrace, 93
the rendition of Chinese criminals , 276
unconstitutional stretches of power, 257
See also D'Assis, Pacheco, and De Mello, Case of ; Macao.
FARNCOMB, E.
admitted to practise, 65
advertizes himself, 16
appointed coroner, 16
attorney and conveyancer, 16
in partnership with Mr. Goddard, 92
resignation as coroner, 82
FAST AND HUMILIATION. See Church.
FEARON, S.
acting marine magistrate, 78
appointed professor of Chinese at King's College, London, 127
registrar-general and collector of Chinese revenue , 91
coroner and notary public, 12
departure on leave, 86
his inaugural lecture at King's College, 128
interpreter and clerk of court, 12
FEES . See Court Fees .
FELONY . See Misprision of Felony.
FELONY, COMPROMISE OF. See Anstey , T. C.
FENTON, W. See Piracy.
FINE. See Matheson , A.
FIRE . See Incendiarism ; Police .
FLAWS . See Indictments .
FLETCHER , A.
a member of the Legislative Council, 653
INDEX . 695
FLOGGING.
again discussed , 149
as regards the criminal population in Hongkong, 141
by bamboo, 17
case of fifty-four Chinese brought before Parliament, 93
ceases consequent upon Dr. Bowring's motion, 128
colonel Malcolm's evidence as to, before House of Commons, 132
curious sentences of, 30
disgusting exhibitions, 92
sight at, of vagrants , 149
Dr. Bowring moves Parliament re fifty-four men flogged , 103
effect of Dr. Bowring's motion in House of Commons against, 141
substitution of imprisonment for, 142
fifty-four Chinese flogged for having no registration tickets, 92
heavy sentences of, 108
innocent men flogged and imprisoned , 110
less resorted to, 103
Mr. Matheson's evidence as to excessive , 132
not a deterrent against crime in Hongkong, 107
of prisoners, 79
sentences deemed excessive, 94
the abuse of the power of, 111
wholesale, 92
See also Hillier, C. B.; Prison ; Vagrancy.
FOREIGN AFFAIRS ASSOCIATION. See Newcastle Foreign Affairs
Association.
FOREIGN ATTACHMENT.
order of Court regulating proceedings in writs of, 428
FOREIGN CONSUL.
customary courtesy of offering, a seat on the bench, 364
FOREIGN OFFICE.
encouragement held out by, to students of the Chinese language, 347
the right of barristers to appear before Consular Courts recognized by,
374
scheme of, as to student interpreters, 348
See also King's College ; Chinese ; Interpretation ; Macao.
FORTH , MR.
acting colonial secretary, 538
official member of the Legislative Council, 427
FREEMASONRY. See Bridges, W. T.
FREE PARDON.
a power heretofore exercised but doubted, 645
on Queen's Birthday to prisoners , 83, 285 , 325, 333 , 348 , 360
to Chow Atae, 324
― Sinclair, 142
Too Apo, 139
- Wong Ahlin, 436
Ashing, 411
FRENCH. See Massacre.
FRIEND OF CHINA, THE.
review of affairs as to land rents , 179
See also Navy ; Tarrant W.
FUGITIVE CRIMINALS . See Extradition ; Macao .
696 INDEX.
GALLOWS. See Executions .
GAMBLING.
constable Randolph confesses payments to police, 101
extensive, in the Colony, 359
extortion practised by officials, 359
payments to office coolies , 359
GAOL. See Prison.
GARRETT, SIR R. See Army.
GASKELL, W.
in partnership with J. Brown, 430
R. Coley, 108
on the fees of court, 218
proctor in admiralty , 290
relinquishes Queen's proctorship, 411
GENERAL WOOD, THE. See Transportation .
GIBBONS, JONES, AND WILLIAMS.
Gibbons and Jones executed, 580
sentenced to death, 580
trial of, for murder of a Chinese boy, 579
Williams' sentence commuted , 580
GLATZ , MR.
robbery and murder in the shop of, watchmaker, 461
GODDARD, W. H.
admission as an attorney, 74
advertizes himself, 75
death of, 175
in partnership with Mr. Farncomb, 92
GOODINGS , R.
death of, gaoler, 381
sued for moneys lost as gaoler, 362
GOUGH, GEN. See Army.
GOVERNMENT . See Administration of Government : Libel.
GOVERNMENT GAZETTE, THE.
when first published , 337
GOVERNOR. See Administration of Government.
GOVERNOR OF THE GAOL. See Prison.
GRAHAM, LIEUT. - COL. HOPE. See Army.
GRAHAM, SIR JAMES .
on the advantage of Dr. Bridges ' opinion as acting Attorney- General, 431
speech in the House of Commons on the Arrow incident, 431
GRAND -PRÉ, A.
acting superintendent of police, 384, 434
appointed assistant superintendent of police and general interpreter, 361
collector of police and lighting rates, 453
appointment unfavourably commented upon, 361
See also Police.
GREEN, F. W.
acting Attorney- General, 539
Chief Justice, 592
INDEX. 697
GREEN, F. W.-Continued.
his opinion on the case of Crown v.. Tarrant, 562
member of the Legislative Council, 616
resignation of, as acting attorney-general, through ill-health , 629
resumes acting attorney-generalship, 604
takes the bench as Chief Justice, 597
GREIG, CAPT.
acquittal of, 124
prosecution of, for assaulting his crew, 121
GREY, LORD . See Secretary of State ; Supreme Court.
GRIFFIN, COL. See Army.
GULNARE, THE.
revolt of coolies on board, 429
GUTZLAFF, DR.
death of, 304
departure on leave, 256
his career, 256, 304
the fortune he left, 304
HAKKA. See Buccaneering.
HALY, CAPT.
first acting superintendent of police, 11
HARBOUR .
harbour master and marine magistrate styled, master, 48
port a bad name amongst shipmasters, 242
regulation of boats and junks, 41
warning of government to boat people wituessing offences to render
assistance, 451
HARBOUR DUES . See Hongkong.
HARRIS , LIEUT.
acting harbour master and marine magistrate, 646
HARROWBY, EARL OF. See Straits Guardian, The.
HARVEY , F.
succeeds A. R. Johnston, 326
HASTY LEGISLATION.
effect of, and opposition by natives to local laws, 69
See also Legislation.
HAWES , M. P. , MR. See Ordinances .
HAYTHORNE, COL. See Army.
HAZELAND, F. I.
admission of, as an attorney of the court, 465
daring robbery with violence on, 478
joins Mr. Cooper-Turner as partner, 465
HERALD, THE.
murder of captain, officers, etc., of, 324
HEYCOCK, R. C.
conviction of, for setting fire to the American ship Rhone, 324
death of, 325
698 INDEX .
HICKSON, J. J.
appointed first crown solicitor, 411
deputy sheriff, coroner, and Queen's proctor, 411
resignation of, 411
returns to England at his own expense, 411
Sir John Bowring's reference to, on suspension of Mr. Anstey, 513
HILLIER, C. B.
accompanies Sir J. Bowring to the north, 353
acting Chief Justice Campbell directs jury to non-suit case of Portuguese
against, 193
magistrate, 97
sheriff and police magistrate , 86
under orders of the executive, 128
action pending against him, 149
appointed assistant magistrate, 24
E
coroner, 82
asks the Chief Justice for a memorandum of the evidence he is to take
down, 379
assistant magistrate at Chuck Chu , 49
a zealous officer, 147
before Chief Justice Hulme, 110
case of Portuguese against, 193
Chief Justice Hulme grants the Portuguese every facility in their case
against, 210
claims the protection of the court against Mr. Anstey, 379
comments upon, as a magistrate, 104
confirmed as chief magistrate, 147
considered not qualified as chief magistrate, 140, 149
death and career, 383, 384
departure on leave, 89
discharging duties devolving upon Chief Justice and jury, 231
discreditable opinion held of, 225
extraordinary conduct of, in the case of Duncan and Jenkins, 109
gazetted a member of the Executive Council, 348
guided by the executive, 225
his account of the gaol in 1855 , 643
action in the case of McSwyney against his wife , 213
application to restrain the attorney -general, 379
departure for Siam , 383
illegal sentences of whipping, 149
knowledge of Chinese, 134
merits , 147
rapid promotion and what it was due to, 147
submissive acquiescence to the executive, 149
11 testimony as to value of a Chinese oath, 283
how Mr. Anstey characterized depositions taken by, 378
incapacity of, 124, 128
joint coroner with Mr. Holdforth, 213
major Balfour eulogizes, 134
-- Caine on, being almost like a child of his own, 147
member of the Legislative Council, 332
new trial granted in the Portuguese case against him, 210
no confidence in, 225
insinuation against, 225
on the apathy of the Chinese, 332
originally mate of a merchant ship , 101
partly relieved of responsibilities , 130
INDEX . 699
HILLIER, C. B. - Continued.
proceeds to England on leave, 327
Shanghai on leave, 307
promoted cousul at Siam, 383
public opinion of, 111
recording officer to criminal and admiralty court, 34
refuses access to prisoners in debtors ' gaol, 88
resigns office of sheriff, provost marshal, etc., 130
return from leave, 331
scene between him and Mr. Anstey, 378
Sir J. Bowring's reference to, on suspension of Mr. Anstey , 517
sued for damages for unlawful extradition of Portuguese, 106 , 107
verdict in his favour in the Portuguese case, 211
See also D'Assis , Pacheco, and De Mello, Case of ; Duncan-Jenkins
Episode ; Hulme, J. W.
HOLDFORTH, C. J.
acting assistant magistrate, 97
an adventurer from Sydney, 277
appointed coroner, 89
sheriff, provost marshal, etc., 130
complaints against him, 150
departure on leave, 276
deputy sheriff, 92
further charges against him as sheriff, 209
gives the sheriff's sales to Mr. Duddell after withdrawing same from
Mr. Markwick, 511
his auctioneer, Duddell, and the barque Louisa, 277
dishonesty, 276
malpractices reviewed , 278
- unenviable notoriety, 278
joint coroner with Mr. Hillier, 213
marshal of the admiralty court, 123 , 130
money-lending by, 422
resignation of, 279
suspicions of collusion between him and his auctioneer Duddell, 277
HOMICIDE , LAW OF. See Jury.
HONGKONG.
a buccaneering raid, 638
account of taking possession of, by Capt. Sir Ed . Belcher, R.N., 4n
a colony, 20
affairs of, before Parliament, 581 , 588 , 638 , 641
a free port, 12, 179
annual parliamentary vote discussed , 290, 304
anonymous letter in The Straits Guardian ou, affairs, 447
apathy of home authorities as to representations of associations on, affairs,
641
a place of trial for British offenders in China, 43
A. R. Johnston assumes charge of, 9
attempt to poison the community, 414
bad characters leave the Colony , 127 ·
ceded in perpetuity, 15, 16
cession of, 3
charter of, 20
Chinese warned of cession of, 5
6
eity known as Queenstown,' 21
named Victoria,' 20
700 INDEX .
HONGKONG,-Continued.
community ask for amalgamation of legal profession, 480
comparison drawn between, and Chusan, 88
- trial of cases in, and Singapore, 287
condition of affairs consequent upon relations with China, 495
criminal and admiralty court from Canton removed to, 18
carly history of, 88
expenditure and parliamentary vote, 75
fear of disorder during absence of troops, 137
governed by such laws as Her Majesty may see fit, 15
grievance of the Colony in being burdened with combined offices of gov-
ernor , etc., 323
grievances in The Times, 583
harbour dues to be as light as possible, 179
home rejoicings on conclusion of peace, 15
indignation in, at surrender of certain Portuguese, 106
insecurity felt by the community, 412
in the House of Commons, 290
justice in, 220
lawless characters in, 69, 88
libels which had so long poisoned the very atmosphere of the Colony,'
621
lieut.-colonel Malcolm, colonial secretary of, 24
lighting of the town, 53
Lord Aberdeen's commercial policy as to , 179
more maladministration in , 633
only crown colony wherein principle of crown colony not recognized , 219
petition to House of Lords on affairs of, 641
police precautions during absence of troops, 137
progress of, after occupation, 11, 12
reason why, was selected, 131
reduction of colonial expenditure, 258
regulations for port of, 9
return of troops to, from Canton , 137
song of " You may go to Hongkong for me, " 584
superintendency of trade removed from Macao to, 12
taken possession of, 4n
the first British settlement in China, 1
governor and the governed at sixes and sevens,, 407
' the noisome scandal of the East,' 405
the whole society of, convulsed in quarrels, 394
year 1858 a memorable one in dark pages of history of, 570
See also Addresses to Officials ; Administration of Government ;
Administration of Justice ; Chinese ; Crime ; England ; House
of Commons ; House of Lords ; Law Society : Libel ; Se-
cretary of State.
HOPE GRAHAM, LIEUT.- COL. See Army.
HOSPITAL. See Lock Hospital.
HOUSEHOLDER . See Door Lamps.
HOUSE OF COMMONS .
ask for recall of Sir J. Bowring, 581
colonial retrenchment discussed in, 245
discussion in, respecting Mr. Anstey and re Caldwell, Ma Chow Wong,
and Dr. Bridges, 581
evidence before select committee in The Times, 178
INDEX. 701
HOUSE OF COMMONS, —Continued.
evidence of capt. Balfour before, 134
lient.-col. Malcolm before, 131
motion of Dr. Bowring as to consular appointments, 24
Registration Ordinance, 68
Sir G. Staunton as to administration of justice in Hongkong,
20
Mr. Edwin James brings Mr. Tarrant's case before, 622
- moves for production of paper on Hongkong affairs,
588, 638
report of the select committee of, 131 , 172, 178
select committee of, to inquire into condition of British commercial rela-
tions with China, 131
the Compton Case in, 118
quasi-tax on prostitutes before, 133
See also Anstey, T. C.; Bowring, John ; Church ; Elliot, Capt.
C.; Flogging ; Graham, Sir James ; Hongkong ; Land ; Ma-
theson, A.; Ordinances ; Registration.
HOUSE OF LORDS .
ask for recall of Sir J. Bowring, 581
discussion in, respecting Mr. Anstey and re Caldwell, Ma Chow Wong,
and Dr. Bridges, 581
petition to, by the Newcastle Foreign Affairs Association, 639
HUFFAM, F. S.
appointed deputy registrar, 647
clerk to the Chief Justice, 657
HULME, J. W.
abused owing to non-opening of Supreme Court, 59
addresses of sympathy on his suspension, 160
a general favourite in Hongkong, 155
an acquisition in Hongkong, 161
--- associate of Mr. Joseph Chitty, 48n
anecdote relating to, and the black cap, ' 430, 580
anticipates a pension, 592
an upright and independent judge, 125
appointed chief justice, 47
arrival in Hongkong after being reinstated, 199
of, 47
attorneys present him with a gold snuff-box on his suspension, 163
a victim of persecution, 166
career reviewed, 656
charged by Mr. Anstey with having exceeded the bounds of temperance,
386
charges against, malignant falsehoods, 197
comments upon the severity of his sentences, 656
comparison drawn between, and Chief Justice Jefferies, 156
Governor Davis, 200
complains to jury he has not been allowed to see the indictments, 146
compliment to, 222
confidence of the Chinese in, 455
community in, 226
contrast between, and Chief Justice Smale, 553
criminal sessions not held owing to his illness, 370
criticized for granting bail to Ma Chow Wong, 445
death of admiral Collier while staying with him , 259
702
INDEX.
HULME, J. W.- Continued.
death of his daughter, 66
decorous behaviour of, 553
deep feeling of respect for, 199
departure after suspension, 166
on leave, 321 , 343, 592
disagreement between , and Governor Davis in the admiralty court, 139
disgrace on his accusers, 197
disregard by, of Governor Davis ' request to confirm conviction in Comp
ton case, 137
drudgery of a small debt court imposed on him, 226
Dublin University Magazine on, 161
early retirement in view, 605
osteem in which he was held , 657n
eulogized, 125
favourably spoken of, 81
fighting a libellous charge by Governor Davis aided by major Caine , 628
gained the respect and esteem of the community at large, 156
general sympathy with, after suspension, 166
government notification as to suspension of, 160
restoring him to office, 199
Governor Davis ' nominee as his temporary successor, 161
--uncalled for strictures on, re the Compton case , 119
--unfair criticism of his decision in the Compton case , 116
vindictiveness as to, 147
he is pensioned, 655
his action consequent upon magistrates committing paltry cases for trial,
128
death, 657
decision in favour of Mr. Hillier in the Portuguese case , 211
Murrow v. Stuart affirmed by the Privy Council, 329
departure regretted, 592
- dilatoriness, 656
fall from horse- back, 209
gift of law books to the Supreme Court library, 161
position as a member of the Legislative Council, 592
previous carcer, 48
quick return after suspension, 199
residence and the sale of his furniture, 592
surprise at consul refusing counsel to appear, 332
suspension a public calamity, 161
wife, 48n
works, 48n
illness of, 304, 309, 366, 367, 370, 394
informs Mr. Bridges "the Court does not sit as a consulting surgeon ,"
341
interference with his sentences , 319, 466
judge of the vice- admiralty court, 95
manifestation of good will towards, 395
member of the Legislative Council, 49
Mr. Anstey objects to his taking the bench at noon , 894
on the mode of swearing the Chinese, 310, 314
superfluous piece of legislation, ' 572
pension allowed him, 656
popularity of, 209
press notices relating to his family, 657
public expression of regret at his receiving no honorary distinction, 353
reparation made to him by Mr. Anstey, 387
INDEX . 703
HULME, J. W. - Continued.
recommends that Mr. Caldwell be re-engaged as interpreter, 381
reference to, by Chief Justice Smale as a great man of the past,' 657
reinstatement of, 197
representatives of the late Chief Justice Hulme ' alvertized for in The
Times, 449
retaliates on Governor Bonham, 319
return from leave , 331 , 358
robbed of his gold snuff-box, 256
suspension of, 155
taken to task, 455
takes the bench at noon owing to ill-health, 394
the local press on, 654, 655 , 656
-most trying period of his long service in Hongkong, 592
tone of public opinion at the time of his suspension, 221
trial of Martinho and Los Santos for stealing his snuff-box, 265
unfounded charge of drunkenness preferred against him by Governor
Davis, 155
valedictory addresses to, on proceeding on leave, 314, 345
notice of, 199
opinion of, 406
what it cost him to keep up his library, 489
See also Compton Case, The ; Davis, J. F.
HUMILIATION, DAY OF FAST AND. See Church,
HYMN OF THANKSGIVING . See Bowring, John.
IDENTIFICATION. See Chinese.
ILLUSTRATED LONDON NEWS, THE.
Dr. Bridges' signboard recommended to, 552
upon the weakness of Sir J. Bowring, 470
See also Chui Apo.
IMPRISONMENT.
effect of substituting, for flogging, 142
INCENDIARISM .
an incendiary fire, 429
frequent attempts at, 471
See also Heycock, R. C.
INDIA.
government of, pass Act XI of 1847 authorizing transportation to the
Straits Settlements , 145
INDICTMENTS .
cases breaking down through flaws, 263
escape of the guilty, 262
flaws in, 262 , 274, 289
power to amend on trial, 274
wrongly laid, 262
See also Cases.
INFORMER.
services of, 192
See also Too Apo.
INGLEFIELD, ADMIRAL . See Navy.
704 INDEX .
INGLIS , A. L.
acting Registrar-General, 86 , 127
appointed harbour master and marine magistrate, 537
' Governor of the Gaol,' 428
assistant police magistrate, 89
departure of, 601
his account of a triple suicide in gaol, 337
proceeds to the gold fields of California, 244
resigns registrar-generalship, 244
return from leave, 206, 646
See also Prison.
INGWOOD, C.
convicted of murder, 84
his execution with Chan Afoon, 85
the first European hanged in Hongkong, 85
See also Executions.
INQUEST. See Coroner ; Prison.
INSOLVENCY. See Supreme Court.
INTEREST. See Civil Service .
INTERPRETATION.
a disgrace to the Colony no local system of educating interpreters , 648
a public scandal, 327
article in Blackwood's Magazine , 10
criminal sessions end abruptly owing to waut of, 381
disgraceful state of affairs as to, 223
dismissal of Tong Achik, police court interpreter, 308
government in a dilemma for interpreters, 362
great care in, advocated , 81
interpreters not eligible for consulships, 294
in the courts discussed , 327
jury object to, of Tong Achik, court interpreter, 294
Malay, Hindustani, and Portuguese interpreters advertized for, 284
more defective than ever, 595
no Chinese interpreter in court till late in the afternoon, 375
permanent interpreter attached to the supreme court, 235
question of, assumes a practical form, 347
rule of court admitting interpreters in the supreme court , 182
scholars eschew the Canton dialect, 294
suggestion that boys in public schools be specially trained , 327
supernumerary interpreters attached to consular establishments increased ,
340
the jury and Mr. Anstey upon defective, 463, 464
question of, treated, 464
---
repetition of an old complaint, 294
Tong Achik found unfit, 294
want of interpreters in the supreme court , 223
Yung Awing, articled clerk to Mr. Parsons, objected to as an interpreter
of the Court, 388
See also Assow ; Caldwell, D. R.; Canton ; Chinese ; Consulates :
Contempt of Court ; Foreign Office : Hulme, J. W.: Jury ;
King's College, London ; Marques, J. M.; Police ; Supreme
Court ; Tong Achik ; Tong Aku ; Translators.
INDEX. 705
INTESTACY .
administration of intestates' estates, 15, 74
IRISH. See Supreme Court.
IRWIN, REVD. J. J. See Church.
JACKSON, R. B.
vice-consul for China, 55
JAMES , EDWIN. See House of Commons.
JAMSETJEE JEEJEEBHOY, THE SIR.
fitted out to commit hostilities against subjects of China, 633
JAPAN.
letters patent of the 30th January, 1860, investing Supreme Court with
jurisdiction originating in, 647
order-in-council for exercise of jurisdiction over British subjects in, 631
JARDINE, D.
elected first member of the Legislative Council, 261
his death , 407
JARDINE, J.
member of the Legislative Council, 427
resignation and death of, 652
JARDINE, MATHESON, & CO.
case against Mr. Murrow for libelling Sir J. Bowring re, 467
threats held out to Chinese as to purchase of certain lands, 363
See also Elliot, Capt. C .; Land .
JARMAN, J.
acting superintendent of police, 600
appraiser of the supreme court, 430
JENKINS . See Duncan-Jenkins Episode.
JERVOIS, MAJ . -GEN. See Army.
JOHNSTON, A. R.
appointed deputy superintendent of trade, 9
assistant and registrar to chief superintendent of trade, 21
departure, 327
his career, 327
in charge of Hongkong, 9, 10
retirement from the service, 326
JONES . See Gibbons , Jones, and Williams.
JUDGE . See Puisne Judge.
JUDICIAL DECISION. See Assault.
JURISDICTION. See Administration of Justice ; Chinese ; Consular
Jurisdiction ; Magistrate ; Supreme Court ; Writ of Capias,
JURY .
a Chinaman again upon the, list, 578
- coroner's jury upon the Malay and Javanese law of homicide, 306
- juryman upon the practice of " cutting off a cock's head, " as part of an
oath, 310
approve of Chief Justice Hulme taking the bench at noon as a protest to
Mr. Anstey, 394
a protection, 125
706 INDEX .
JURY,-Continued.
complaint of, that cases affecting public decency committed for trial, 326
complain to the chief justice of trivial cases committed for trial, 128
criticize mode of swearing Chinese, 310
first trial by, in China, 37
inconvenience to , in the Admiralty Court, 201
leaving the court without permission, order of court, 601
libel upon the, by Mr. Anstey, 392
more labour thrown on petty, than on special, 303
Mr. Anstey's estimation of the special, 405
on defective interpretation, 463
the unsatisfactory manner in which the Chinese are sworn, 310
payment of fees to , 562
petty, memorialize the Governor, 303
practice of keeping, when not in the box, 395
protest against a defendant being prosecuted for perjury, 462
rule of court to be observed in the drawing of a special jury in civil
cases , 629
the case of Mr. Buchanan, 201
-position of a juryman, 579
See also Administration of Justice ; Austey, T. C.; Cheong
Ahlum ; Chinese ; Coroner ; Hulme, J. W.; Oath ; Sterling,
P. I.; Wong A Shing.
JUSTICE . See Administration of Justice .
JUSTICES OF THE PEACE .
appointment of, 25 , 91 , 230 , 231 , 348, 363, 652
co-operate to perform magisterial duties during disturbances, 412
demands and grievances , 243
deputation to the goveruor, 243
differences between the governor and, 406
dismissal of a crown case by, 399
error in oath of, 25
fresh list of, 242
honorary, considered more satisfactory, 104
mandamus granted against, 399
Messrs. Jardine and Edger elected by, to the Legislative Council , 261
mode of selecting, objected to, 322
Mr. Anstey's name removed from list of, 513
no dearth of, 231
opposite construction given by, to the opinion of the attorney-general.
399
protest against any interference with their duties, 440
public meeting by, 406
refusal to interfere in controversy between Mr. Anstey and Mr. Caldwell,
502
revocation of commissions, 25
rupture between Sir J. Bowring and , 401
scale of fees in proceedings before , 266
Sir J. Bowring's memorandum to, 399
summary jurisdiction of, extended, 146
See also Anstey, T. C .; Army ; Magistrate ; Police.
KEENAN, CONSUL.
committal for trial, 364
his eccentricity, 364
local acrimony against his behaviour, 364
rescues a prisoner, 363
INDEX. 707
KELSO, THE. See Cousens and Neill.
KEPPEL, CAPTAIN.
his action to secure release of Mr. Summers at Macao, 245
See also Macao ; Summers, J.
KING'S COLLEGE, LONDON.
a professor of Chinese appointed , 347
Mr. Summers appointed to, 347
See also Fearon, S.
KINGSMILL , HENRY.
acting attorney-general, 439, 592, 629
appointed a justice of the peace, and acting assistant magistrate, 471
to discharge duties of attorney-general at criminal sessions , 366
display of energy, 647
marriage of, 452
Mr. Day chosen attorney-general in preference to , 513
KINGSMILL , P. C. See Police .
LABOUR.
government notification regarding persons out of employment, 413
LABUAN.
convicts transported to , 440
further convicts sent to , 553
See also Transportation.
LAND.
a land and road inspector, 14
officer appointed, 27
assessment for maintaining Police Force, deemed a tax upon property
by the landlord , 86
as to alienation of, 26, 27
sale of, by holder of grant, 14
balconies and verandahs , 71 , 91
Chinese taking possession without grant or permission, 69
clause in leases under which property held in the Colony, 303
crown lands to be offered for lease at moderate rent, 295
committee of investigation , 12
to inquire into equitable claims, 28
complaints as to, tenure and high crown rents , 144
despatch of Earl Grey to Governor Bonham, 294
disturbance at a public auction of crown, 363
extension of term of leases , 205 , 232
first public notice as to sale of, 7
further instructions to governor as to, 26
government warning as to non-interference with, sales, 363
ground rents, 205
historical sketch of first, sale, 267
inability of lessees to transfer sub-division of lots, 280
land mania, 268
landowners petition Earl Grey for abolition of land rents, 178
Lord Aberdeen's despatch on, revenue, 179
Stanley's despatch regarding land sales and crown leases, 71
mat-houses and sheds pulled down, 69
memorial protesting against, assessment for police maintenance, 86
no reduction in the rate at which, purchased , 177
708 INDEX .
LAND, Continued.
opinion of the attorney-general on inability of crown lessees to divide
their lots in portions, 281
position of landlord and tenant as to police assessment, 86
power of alienating portions of crown, 295
powers of, officer, 27
reduction of ground rents negatived , 258
reply to memorial of residents , 205
report of committee, 37
to inquire into tenure of, 280
select committee of House of Commons, 177
sale of annual quit rents, 8
Secretary of State directs all crown, to be sold at public auction , 303
State's instructions regarding mode of compensation for
damage done consequent upon Bowring Praya reclamation, 438
The China Mail and the report of the Committee on tenure of crown,
280
The Times on Chinese grievances re, 178
to be sold at public auction , 26
See also British Subjects ; Civil Service ; Elliot, Capt. C.; Police :
Secretary of State ; Water.
LANGLEY, CAPT.
case of, for shooting at his crew, 253
LANTERNS.
government notification as to, 412
See also Door Lamps.
LAW. See Attorney ; Bar ; British Subject ; Chinese ; England.
LAW LIBRARY .
cost of Mr. Anstey's, 489
no contribution by government towards, 487
started by Chief Justice Hulme by presentation of his books, 161
what it cost Chief Justice Hulme to keep up his, 489
LAW OF ENGLAND . See England.
LAW PARTNERSHIP. See Bridges, W. T.
LAW SOCIETY.
correspondence relating to proposed amalgamation of barristers and soli-
citors, 457
formation of, 353
heard in Council, 486
memorialize the chief justice against amalgamation, 482
memorial of the, to the governor-in-council against amalgamation, 482
Mr. Parsons disowned by, 491
LEASE . See Land.
LEGAL FLAWS . See Indictments .
LEGAL PROFESSION.
an importaut point affecting the two branches of the, 302
attorney-general approached upon the question of amalgamation, 455
community petition for amalgamation of, 480
dissatisfaction in respect of, 455
in a way amalgamated, 302
INDEX . 709
LEGAL PROFESSION , -Continued .
legal practitioners who swing Chinese signboards upon the public road,'
552
meeting of the two branches of the, respecting amalgamation, 458
Mr. Kingsmill objects to Mr. Hazeland appearing as counsel in a case
wherein his partner is attorney, 629
the local press upon amalgamation, 491
--- origin of the memorial for amalgamation, 481
-- whole Colony asked for amalgamation, 491
vigorous movement for amalgamation of the two branches of, 480
See also Attorney ; Bar ; Practitioners-in-Law.
LEGAL TENDER. See Currency .
LEGGETT, W. H.
appointed coroner, 86
clerk to Chief Justice, 86
his death, 89
LEGISLATION.
odium attaching to unconstitutional, 238
See also Hasty Legislation .
LEGISLATIVE COUNCIL.
a history of the, from its conception, 564
appointments of Messrs. Jardine and Edger as members of, approved , 287
to, 24
a seat in the, as a position ofhonour, 287
complaints as to, 40
constitution of, attacked, 86
discussed, 80
in 1856, 395
declares petition of the Hongkong Law Society a fraud upon its privileges,
492
elected legislatures and elements of representation, 234
first admission of unofficial members to , 261
occasion on which press reporters attend the, 487
sitting of, 33
freedom of speech in, 540
justices of the peace ask that, be held with open doors , 406
limited powers of the elected members, 287
materials for popular representation, 234
meeting of, upon the question of amalgamation of the legal profession ,
491
members of, styled Honourable,' 24
motion in, for admission of strangers, 453
-of the chief justice respecting publication of proceedings , 467
Mr. Labouchere sanctions a moderate increase in the number of mem-
bers, 395
orders for admission to, issued to the press , 453
popular representation asked for, 217
power to enact laws and ordinances, 23
proceedings of, again asked to be held with open doors, 453
protest of the, against the appointment of Mr. Rennie as a member, 564
public representation iu, 222
reconstruction of, 427
rules and orders of, published , 495
secretary of state's approval of estimates being laid before, 395
Sir H. Robinson's observations as to constitution of, 616
710 INDEX .
LEGISLATIVE COUNCIL, -Continued.
Sir J. Bowring's explanation to, of the ' distorted statements ' of Mr.
Anstey, 542
proposal to make members of, liable for attacks on
private character, 540
statement in, upon revelations by Mr. Anstey as to
relations between himself and Dr. Bridges, 506
system of representation asked for, 219
the press discussed in the, 653
excluded from, 616
unofficial members desired , 103
when unofficial members first admitted , 81
LENA, A.
acting harbour master, 78
capture of pirates by, 79
suppression of piracy by, 79
LEONG LAO TONG, REG . r.
although guilty, he escapes, 262
astonished at being discharged, 262
found a spectator in court next day, 263
LIBEL.
a system carried to a great height, 622
costs awarded against the crown in an action for, 561
former position of government in regard to, 654
the society of Hongkong to be protected from reckless, 621
See also Adams, W. H.; Anstey, T. C.; Attorney-General ; Bridges,
W. T.; Hongkong ; Mitchell, W. H.; Murrow, Y. J.; Navy;
Tarrant, W. H.; Wilson, A.
LIBRARY . See Law Library.
LIEUTENANT -GOVERNOR. See Precedence.
LIGHTING OF THE TOWN.
crime and, 55
favourably commented upon, 91
residents consulted , 53
See also Door Lamps ; Lanterns.
LINCOLNSHIRE TIMES, THE
on Mr. Adams, 608
LIVERPOOL ALBION, THE. See Anstey, T. C.
LOBSCHIED , MR.
his knowledge of Chinese, 595
LO CHUN SUN. See Executions.
LOCK HOSPITAL.
prostitutes and charges against police, 80
LONDON AND CHINA TELEGRAPH, THE.
upon the unutterably infamous administration of Sir J. Bowring, 649
LONG AH SAI
charged with attempting to drown a European , 451
LOOK AH SONG. See Executions.
LORD STANLEY. See Land.
INDEX . 711
LORD STANLEY, THE. See Transportation.
LOS SANTOS . See Martiuho and Los Santos .
LOTTERY ADVERTIZEMENTS .
penalties attached to, 348
LYALL, GEORGE.
member of the Legislative Council, 427
report on the gaol in 1857, 644
resigns his seat in the Legislative Council, 653
LYTTON, SIR E. B. See Anstey, T. C.
MACAO.
again , 251
British subjects dying in, gaol, 246
Chief Justice Hulme holds, not within jurisdiction of Hongkong, 251
chief seat of the British during the war, 3
doubted as being a Portuguese possession, 466
festival of Corpus Christi and Mr. Summers ' behaviour, 245
governor of, and the ' course of law ' in a Portuguese colony, 246
rights of a British subject, 246
its tenure by the Portuguese, 34
piratical acts by Europeans and Americans, and the government of, 316
surrender of fugitive criminals from , 35
tenure of, questioned again, 246
the satisfaction given to Portugal, re Capt. Keppel's action concerning
the lad Summers' affair at, 248
validity of Christian marriages in, 466
See also D'Assis, Pacheco, and De Mello, Case of ; Hongkong ;
Portuguese ; Summers, J.
MA CHOW WONG.
allowed to retain his ' tail ' after conviction, 447
a notorious pirate informer and suspected imperial spy, 444
attorney-general attributes reduction in piracy cases to conviction of, 461
conspiracy to murder, 554
his antecedents, 447
sentence increased, 554
previous trial of, for felony, 445
the free pardon subsequently granted him , 554
transported to Labuan, 554
trial of, for confederating with pirates, 444, 445
turned upon the roads, 447
See also Bridges, W. T.; Caldwell , D. R.; Tong Aku,
MACLEAN, R.A., CAPT. P. See Army.
MADRAS . See Police.
MAGISTRATE.
accommodation in Court, 236
a, deferring to the will of another, 149
- legally qualified chief, desired , 111, 130, 146
all marine cases save those connected with Chinese heard by, 342
building for the magistracy completed, 11
bulk of criminal cases to be tried by, 224
cases of partiality and subserviency of, 104
censured for committing paltry cases for trial, 111
chief, robbed , 362
comments upon the magistracy, 103
712
INDEX.
MAGISTRATE,-Continued.
complaints against marine, 242
constitution of court criticized , 250
costs refused against , 19
court remained unaltered, 231
dissatisfaction at civil cases being tried by the chief, 39
duties of the marine , 94
heavy duties of the chief, as regards police and prison duties, 95
inconvenient situation of Court, 237
inefficiency of, 108
inspires no confidence , 146
Lord Brougham's Act, 146
magisterial powers and authority increased in 1842 , 12
magistracy a disgrace, 243
at present day described, 630
never removed from its present site, 237
Mr. Anstey on the not very creditable state of affairs as to the, 380
Matheson on excessive fines in the police court , 132
no community of feeling between English and Chinese, 93
hope of amelioration of, under Sir J. Davis , 146
public excluded from the court, 225
reforms asked for, 225
refusal by, to issue a fresh summons on behalf of the crown, 399
removal of chief, court, pending repairs, 630
reporters and acoustic arrangements in court, 236
report of the chief, in 1842 , 18
rules and regulations for the British merchant shipping and for the
marine magistrate, 7, 9
salary of chief, criticized in parliament, 290
still under control of the executive, 243
subserviency to the executive, 125
summary jurisdiction of, extended , 146
taken to task for sending up incomplete cases, 289
temporary removal of magistracy to Pedder's Hill, 588
trivial cases committed for trial, 90, 128
-heavy punishment, 333
See also Administration of Justice ; Anstey, T. C.; Appeal ; Caine,
W.: Evidence ; Executive ; Gambling ; Interpretation ; Justices
of the Peace ; Supreme Court.
MAIDEN ASSIZE.
nearly a, 350
MALAY. See Police .
MALCOLM, LIEUT. - COLONEL.
appointed colonial secretary, 24
evidence before select committee of House of Commous, 131
his opinion as to effect of tail cutting upon Chinese, 132
secretary of legation under Sir H. Pottinger, 131
MANDAMUS . See Justices of the Peace .
MANILA. See Police.
MANNERS AND CUSTOMS . See Chinese.
MARINE MAGISTRATE.
See Magistrate.
MARKWICK, C.
appraiser and auctioneer of the Court, 91
INDEX. 713
MARKWICK, C.- Continued.
murder of, 429
See also Holdforth, C. G.
MARQUES, J. M.
interpreter and translator, 130
MARQUES , MR. See Carter, Mr.
MARRIAGE.
the validity of, in China, 466
See also Church.
MARTINHO AND LOS SANTOS.
trial and conviction of, for stealing Chief Justice Hulme's snuff-box , 265
MASSACRE .
on board the French ship Albert by Chinese coolies, 292
MASSON, N. R.
acting registrar, 354, 429
departure on leave, 647
deputy registrar, 383
MASTIFF, THE.
murder of a Chinese boy on board the American ship, 579
MATHESON, A.
on effect of Chinese tail cutting ,' 132
flogging and fines in the police court, 132
the contribution by the prostitutes, 134
testimony of, before select committee of House of Commons, 132
MATRIMONIAL CAUSES . See Divorce and Matrimonial Causes.
MAY , C.
acting assistant magistrate, 332, 434, 600
sheriff, and marshal of the vice-admiralty
court, 384
acting marshal of the vice-admiralty court, 327, 616
sheriff and coroner, 327
arrival of, as superintendent of police, 75
brings charges in conjunction with Mr. Anstey against Mr. Caldwell, 539
coroner and deputy sheriff, 411
duties of census and registration officer performed by, 285
his magisterial duties how performed during disturbances, 412
-services given solely to the police during disturbances, 412
Sir John Bowring on his ignorance of Chinese, 525
the animosity displayed towards him, 577
' den ' episode and attack on him, 422
The Straits Guardian on his qualifications as a police officer, 525
MCGREGOR, F. C.
address to, 189
damages recovered against, 204
departure of, 189
Governor Davis' instructions to , 138
his career in China, 189
letter to the registrar re Compton appeal, 115
Nuncheong v., 204
See also Davis, J. F.
714 INDEX .
MCGREGOR , H. See Police.
MCILROY . See Prisoners.
MCSWYNEY, P. C.
admission as attorney, 82
advertizes himself, 82
an adventurer from Sydney, 25ł
- insolvent debtor, 253
application for the discharge of the writ issued against him, 251
appointed coroner, 97
charges his wife with larceny , 212
committed for twelve months, 253
conduct as coroner in the Duncan-Jenkins case, 108
his atrocious conduct as a solicitor, 253
-- Chinese wife Aho, 212
- death and career set out, 253
discharge opposel , 253
wife discharged by proclamation , 213
how he was duped into marrying his Chinese wife, 212
incapacity as coroner, 102
irregularities at inquest conducted by him, 109
resignation as deputy registrar, 82
removed from the coronership, 114
tables turned on , 109
the chief justice takes him to task, 110
See also Duncan-Jenkins Episode.
MERCER, W. T.
a justice of the peace, 123
- member of the Executive Council, 323 , 340
- nephew of Sir J. Davis, 170
appointed colonial secretary, 340
to a seat in the Legislative Council, 170, 207 , 236
departure on leave, 425
Dr. Bridges on his friend, 418
extension of leave, 509
his connexion with the buccaneering raid, 638
responsible for condition of affairs in the Colony , 563
return from leave, 563
Sir J. Bowring's perplexity on his extended leave, 509
supports his friend Dr. Bridges, 418
MERCHANT SHIPPING.
claims of, to local consideration, 328
prevention of desertion and regulation of seamen , 328
trial and conviction of the sailors Gibbons, Jones, and Williams for
murder, 579
See also Arratoon Apear, The Caroline, The Cousens and
Neill ; General Wood, The ; Greig, Capt.; Gulnare, The :
Harbour ; Herald, The ; Heycock, R. C.; Hongkong ; Kelso,
The; Langley, Capt.; Magistrate; Mastiff, The; Montgomery,
Capt.; Mor, The Omega, The ; Peterson, John ; Piracy ;
Police ; Privateer, The ; Sir Jamsctjce Jeejecbhoy, The.
MICHELL, E. R.
acting harbour master and marine magistrate, 296, 338
MILITARY . See Army ; Executive Council.
INDEX . 715
MIRANDA, LIEUT. See Portuguese .
MISPRISION OF FELONY.
a by-stander for not rendering assistance charged with , 334
MITCHELL, W. H.
acting chief magistrate, 327 , 384, 600
admonished by the Chief Justice, 380
advises prisoners to write to their friends to pay for certain charges , 390
an able man, 646
anxious to secure permanently the chief magistracy, 646
appointed assistant magistrate, 276
case against Mr. Anstey, the attorney-general, for libel, by, 402
confirmed as assistant magistrate, 279
departure on leave, 332 , 434, 645
divorces his wife, 333
editor of The Hongkong Register, 277
he is acquitted of Mr. Anstey's charges of extortion , 393
his career reviewed , 646
- claims for government employment criticized
, 277
construction of the Buildings and Nuisances Ordinance, 398
- return to duty
after his divorce suit, 350
- review of commercial affairs in China, 646
Mr. Anstey files a criminal information against him for a misdemeanour,
389
Anstey's speech in the case against, 404
refuses consul Keenan a seat on the bench, 364
replaces Mr. Hillier who accompanies Sir J. Bowring north , 353
return from leave, 448
scene between him, Mr. Hillier, and Mr. Anstey, 378
temporary absence on sick leave, 471
war of mutual attack between him and Mr. Anstey, 391
MOLESWORTH, SIR WM. See Anstey, T. C.
MONGAN, MR.
statement that Dr. Bridges told him to burn the papers in re Ma Chow
Wong, 561
MONTGOMERY, CAPT.
assault on, of the Pestonjee Romanjec, 334
MOR, THE.
leaves for Penang with convicts, 198
MORESBY , W.
permitted to defend a prisoner in court, 276
MORGAN, E.
appointed marriage registrar, 322
his death, 322
MORNING ADVERTISER, THE LONDON.
a mean attack upon Chief Justice Hulme, 405
on the result of Mr. Anstey's case against Mr. Mitchell, 405
MORNING HERALD, THE.
a paper with which Chief Justice Adams intimately associated , 590
on Sir John Bowring and the discreditable state of affairs in Hongkong ,
589
716
INDEX.
MORRISON, G. S.
departure on leave, 467
MORRISON, J. R.
a distinguished man, 256
death of, 29
MUNICIPAL .
a system of, government asked for, 217
Earl Grey's reply to application for, government , 259
See also Police.
MURROW, Y. J.
action for assault and false imprisonment, against Sir J. Bowring, 568
addresses the Earl of Harrowby on his grievances, 447
afflicted with Bowring- phobia,' 469
anonymous letter in The Straits Guardian attributed to, 447
as a ' victim ' of Chief Justice Hulme, 656
claims damages against Sir J. Bowring on his release from prison, 470
complaint against Mr. Austey, 421
conducts his paper in prison, 469
convicted of libelling Sir J. Bowring, 469
in prison his attacks on Sir J. Bowring continue unabated, 470
the case of the crown against , for libelling Sir J. Bowring, 467
See also Illustrated London News, The.
MUTINY. See Transportation.
NANKING .
English law introduced by treaty of, 23
treaty of, 15
NATIVE LAWS . See Chinese ; Jury.
NATIVE MANNERS AND CUSTOMS .
See Chinese and references
therefrom .
NATIVES . See Chinese ; England ; Hasty Legislation ; Registration .
NATURALIZATION. See Aliens, Naturalization of.
NAVY.
address and presentation of plate to admiral Seymour, 587
admiral Austen succeeds admiral Collier, 293
Cochrane brings an action against The Friend of China for libel, 83
Dowell as a midshipman , 4
Hope succeeds admiral Seymour, 588
Inglefield succeeds admiral Cochrane, 121
Parker made a K. G. C. B. , 16, 18
presented at the Queen's levée, 78
Pellew's appointment criticized in The Times, 335
Pellew succeeds admiral Austen , 335
Seymour records his sense of Mr. Caldwell's services, 587
succeeds admiral Sterling, 342
Sterling succeeds admiral Pellew , 341
arrival of admiral Inglefield , 143
Parker, 10
in England, 49
Seymour, 342, 385
captain Sir Ed. Belcher's book, 4
commodore Plumridge in command of the fleet, 198
station, rice Inglefield, 199
Sir J. G. Bremer appointed joint -plenipotentiary , 9
I
INDEX . 717
NAVY-Continued.
complaints of admirals as to venereal disease in Hongkong , 448
death of admiral Austen, 320
Collier, 259
Sterling, 342
departure of admiral Cochrane, 121 , 143
Pellew, 341
Seymour, 587
desertion in Her Majesty's naval forces, 323
destruction of pirates by admiral Pellew, 335
execution of a private of the Royal Marines for murder, 553
how admiral Seymour lost an eye, 385
mutiny on board H.M.S. Winchester, 341
promotion and pension of admiral Parker, 49
recall of admiral Pellew, 341
resignation of admiral Sterling in consequence of ill-health, 385
See also Executions ; Hongkong ; Ingwood, C .; Piracy ; Tail Cut-
ting.
NEILL. See Cousens and Neill.
NEWCASTLE .
meeting at, and fresh petition to the Queen upon Hongkong affairs, 601
respecting Hongkong affairs and Mr. Anstey, 581
petition to the House of Lords respecting Hongkong affairs, 581
See also Sheffield .
NEWCASTLE, DUKE OF .
cautions the governor " against stirring up again all that mass of mud
which encumbered society in Hongkong," 642
on the transactions at Hongkong, 639
what had been done to purify Hongkong, 643
NEWCASTLE FOREIGN AFFAIRS ASSOCIATION.
condition of Hongkong twice brought before Parliament by, 639
convict Sir John Bowring of falsehood , 535
letter from, to the Duke of Newcastle, 650
petition to House of Lords by the, 639, 640
protest against Mr. Anstey's treatment as compared with D.. Bridges
and Mr. Caldwell, 650
NEWMAN, MR.
acting harbour master and marine magistrate, 601
death of, 646
NEWSPAPERS . See Press.
NEWTON. See Burke and Newton.
NIGHT PASSES .
government notification as to , 412
hours reduced, 495
time limited, 601
NISI PRIUS . See Supreme Court.
NUISANCES .
abatement of, 304
NUISANCES AND BUILDINGS ORDINANCE .
forty-four persons summoned by Mr. Anstey, 408
heart-burning in the community at time of promulgation of, 398
heavy fines and committal to prison for contraventions, 408
Mr. Anstey devotes himself to working of, 408
718 INDEX .
OATH.
a considerable perquisite to court keepers, 296
amongst Christians, 275
the heathen, 275
breaking of a saucer by a Chinese female witness, 99
burning a piece of joss paper, 307
by cutting off a cock's head recorded, 284
ceremony of cutting off a cock's head as part of an, 283
cock birds at a premium, 296
custom as to native, in the Straits Settlements , 284
' cutting off a cock's head, ' 296
evidence of Ching Kum Cheong upon the Chinese form of, 311
farce of burning paper in relation to Chinese, 401
how Chinese were sworn in Hongkong, 283
Lord Brougham and Chinese, 99
mode of swearing Chinese witnesses in early days disclosed, 312
Mr. Sterling suggests a simple affirmation in lien of, 312
no oath in Chinese courts, 312
of attorneys , 65
paper burning as part of an, 310
refusal by the court to depart from usual routine, 284
simple declaration introduced , 315
6
sworn by burning paper,' 283
testimony of Mr. Hillier as to Chinese, 283
the Chinese and the obligation of an, 275
first form of, recorded, 296
various forms of, in use amongst Chinese, 311
See also Anstey, T. C .: Perjury.
OBNOXIOUS TRADE.
carried on to the annoyance of the public, 305
ODELL, REVD . M. C. See Church.
OFFENDERS . See Arrest ; Chinese .
OMEGA, THE. See Piracy .
OPIUM FARM . See Acqui ; Piracy.
OPIUM MONOPOLY.
discredit to the Colony re controversy, 473
report of committee re controversy , 473
See also Anstey, T. C .; Bridges, W. T.
ORDERS-IN- COUNCIL. See Royal Orders-in - Council.
ORDINANCES .
• bear colonel Caine's name in 1854, as lieutenant- governor, 354
draft of, published, 224 , 233 , 250, 406
first published in Chinese, 467
Mr. Hawes , M. P. , on the average disallowance of Colonial, 234
Registration Ordinance in abeyance, 255
No. 1 of 1844 ...... 35 No. 13 of 1844 338 , 339
2 653, 654 -- 15 ...... 23, 60, 136
-- 3 37 id. s. 3...... 20, 132
5 ...... 55; 318 id. s. 10...... 74
--- id. s. 1 ...... 57 id. s.s. 25,27.81
-- 6 ......
..40, 60, 138 16 ..... 45, 66, 67
--- 10 20 17 58, 431
- id. s. 25 ... 103 , 132 18 69, 73
11 ...... 89 19 89
12 76 21 74
INDEX . 719
ORDINANCES ,-Continued.
No. 1 of 1845 ..... 73, 93, 255 No. 2 of 1856 ......371
- 2 85 3 ...... 371 , 543
--- 6 ...... 24, 60, 367 5 ......376, 382
--- id. s. 5 ...... 371 id. s. 4 ......433
-- id. 8. 11 ... 74, 448 6 ......376
id. s. 23 ... 136 ...376, 382
7 ...... 307 8 ...... 398 , 402, 408
9 ...... 81, 233, 355 10 ......386
id. 1 ......
.... 307 13 ......388 , 494
10 89, 173 14 ......385
11 89 id. s. 12 ......406
- 12 74, 255 15 .401
-- 14 304 id. s. 4 ... .432
- -il. ss. 2, 3 123 No. 2 of 1857 ......412 , 418
id. s. 2 ( 12. ) 305 , 431 4 s. 3 ...... 562
No. 2 of 1846 ......24, 61 - 6 ......339 , 430
- 3 ..113 7 s. 5 ......315
-- 6 ...... 108 , 111 , 168 , 12 .448
366
......69, 73 , 126 , No. 1 of 1858 ......453
172, 255 2 .467
No. 3 of 1847 ......173 3 ......460, 467, 599
- 6 ..146, 147 , 148 , -- id.
..... s. 14......455
224, 225 .471 , 543,545 ,
id. s. 5 ...... 150 571, 573,
— id. s. 7 ...... 226 574, 647
No. 1 of 1849 ...... 230, 250, 258 8 ......570
- 3 ......237, 258 id. s. 27 ......521
4 ......307 -- 10 ......479
No. 1 of 1850 ......264, 274 id. 4 ...... 571
2 ..... 260, 276 11 ......466
5 .294 12 .... 460, 494, 599
No. 1 of 1851 ......295, 300 id. 3 ...... 597, 629
- 2 ..... 301 13 ...... 546 , 547,571 ,
-- 4 ...... 303, 307, 308 | 574
No. 1 of 1852 ... 322 No. 1 of 1859 ......571
2 ......323 2 ......571
3 ...325 --- 3 ...599
......325 -- 6 ...... 547 , 574
......327 No. 1 of 1860 ...... 645
6 328 2 ......315 , 645
No. 1 of 1853 ......337, 429 ...... 605 , 646
- 3 ......338, 339 .....573, 574'
No. 1 of 1854 ......349 ......574, 647
3 ..... 354 , 513 ......648
4 .....355 11 ......648
56
5 ..355 14 ......653
6 ......355 -- 16 ...... 24n , 616 , 655
No. 1 of 1855 ..... 358 , 367 No. 6 of 1862 ......231
2 ...... 367 No. 12 of 1873 ......24
5 .... 367 No. 16 of 1875 ..20
6 ...... 367, 543 No. 1 of 1881 ......35
-id . s. 19......315 No. 18 of 1887 s. 8 ......578
No. 1 of 1856 ......367 No. 8 of 1895 s. 5 ......579
See also Attorney ; Consular Ordinances.
720 INDEX.
PALMERSTON, LORD.
his fine revenge and Mr. Anstey, 395
See also Compton Case, The.
PAOUCHONG. See Chinese .
PAOUKEA. See Chinese.
PAPER BURNING . See Oath.
PARKER , ADMIRAL . See Navy.
PARKER, N. D'E.
admission of, as an attorney, 97
advertizes himself, 97
appointed coroner, 114
crown prosecutor, 108 , 168
arrival of, 97
case of piracy against, dismissed, 249
charged with piracy, 248
death and career, 255
departure of, 255
explains his conduct re the piracy case, 250
on the complaint as to attorney's charges, 218
want of interpreters in the Supreme Court. 223
proctor in admiralty, 124
resignation of, as coroner, 213
PARKER, W. D'E.
acting proctor in admiralty, 255
admission as an attorney, 250
relinquishes acting proctorship in admiralty, 290
PARKES , HI . S.
acting consul at Canton, 331
PARLIAMENT. See Flogging ; House of Commons ; House of Lords,
PARLIAMENT, ACTS OF . See Statutes.
PARSONS, AMBROSE.
appoints Mr. E. H. Pollard as his agent in Hongkong, 646
before the Legislative Council, 489
death of, 646
denial of certain attorneys as to Mr., representing them, 491
departure for England, 646
disowned by the Hongkong Law Society, 491
his clerk as an interpreter of the court, 388
ordered to withdraw from the legislative council, 191
upon the amalgamation of the legal profession, 487
PARTNERSHIP, LAW. See Bridges, W. T.
PAUPER . See Vagrancy.
PAWNBROKERS .
attempt a demonstration, 495
complaint of, against the Police, 328 465
conviction of two Chinese for larceny and receiving stolen property,
deputation of, to Governor, 328
heavy sentence of transportation against , for receiving stolen property.
465
report of committee as to presents offered for mitigation of sentence, 508
INDEX. 721
PEACE, TREATY OF . See China.
PEDDER, LIEUT. W.
appointed harbour master and marine magistrate, 9, 21, 18
death of, 342
departure on leave, 78, 295
his threefold duties, 242
return from leave , 92, 327
PELLEW, ADMIRAL. See Navy.
PENALTIES .
governor heretofore no power to remit, other than due to crown, 653
PENANG. See references from Straits Settlements.
PERCIVAL, A.
a member of the Legislative Council, 652
PERJURY.
although first trial for, not first offence, 284
first prosecution for, in Hongkong, 283
opinion amongst Chinese offence not punishable . 283
question of Chinese oaths raised on a trial for, 309
two Chinese witnesses committed for, 376
See also Austey, T. C.
PERKINS, G.
Chun Cheong She quick with child, 349
Chun Chuen Tai's attempt to bribe the turnkey before execution , 350
conviction and sentence to death of Chun Chuen Tai and his wife Chun
Cheong She for murder of, 349
execution of Chun Chuen Tai, 349
free pardon to Chun Cheong She, 360
murder of, an American, 349
sentence on Chun Cheong She commuted, 349
PETERSON, JOHN.
murder of, of the Corcyra, by Malay sailors, 319
PETTY SESSIONS . See Administration of Justice : Justices of the
Peace Magistrate ; Supreme Court.
PIRACY.
action against captain Coates by discharged pirates, 98
piratical boat flying the English flag, 316
capture by pirates of a Chinese vessel under convoy of a sloop-of-war, 17
of pirates by captain Coates, 98
H.M.S. Inflexible, 239
case against captain Cole and crew of the Spec, 206 , 209
cases in 1844, 55
charge of, against boatmen in employ of opium farmer, 95
Chimmo Bay, 139 , 174
Chinese decline co-operation in putting down, 17
conviction of Sinclair for, 84
Wm. Fenton, the English pirate, 317 , 318
daring attack on the Privateer opium ship, 97
destruction of pirates by admiral Pellew , 335
flourishing, 128
horrible murder of a Portuguese officer, 316
in 1842, 17
in neighbouring waters, 239
722 INDEX.
PIRACY,-- Continued.
Mr. N. D'E . Parker and twenty-nine Chinese charged with, 248
murder of captain, officers, and crews of Caroline and Omega ships, 139
Ordinance No. 3 of 1847 for prosecution of, disallowed, 173
pirate fleet of Shap Ng Tsai destroyed, 264
pirates captured by H.M.S. Reynard convicted and sentenced, 283
piratical attacks, 1846, 91
lorchas in command of Europeans and Americans , 316
seizure of the steamer Queen, 427
six pirates captured by H.M.S. Inflexible convicted an sentence to
death, 241
successful suppression of, by the Navy, 259 , 264
swarm of pirates , 126
the Portuguese boat Adamastor, 316
See also Boggs , Eli ; Caldwell, D. R.; Chu Aqui ; Chui Apo ; Chan
Teen Soong; Cousens and Neill; Da Costa , Captain, and Lieut-
enant Dwyer; Death Sentences ; Executions : Herald, The:
Lena, A: Ma Chow Wong; Navy; Portuguese ; Supreme Court:
Too Apo .
PLEDGE. See Chinese.
PLENIPOTENTIARY IN CHINA, HER MAJESTY'S. See Super-
intendent of Trade.
PLUMRIDGE, COMMODORE . See Navy.
POISON. See Cheong Ahlum; Bread Poisoning.
POLICE.
arrival of Mr. C. May as superintendent, with inspectors Smithers and
McGregor, 75
a sergeant shoots a Chinaman, 286
as prison warders, 126
assessed rate on lands and houses for maintenance of, 85
attack on Chinese , at West Point, 79
author's experience of the Malay as a policeman, 279
auxiliary force, 349
of European seamen prisoners , 412
case against Chinese constables for laying brothels under contribution,
309
——
of robbery with violence against P.C. Brady, 381
caution against walking or living far from town, 495
cells a sink of iniquity, 370
charge of burglary against European and American, 378
charges levelled at, 101
chief magistrate as head of, 40, 101
Chinese in, corrupt, 255
killed by, in a scrimmage, 209
circular to European firms regarding night, 53
collusion between prisoners and, as prison guards, 96
commissions, 361 , 407
constable Carvalho convicted of attempted extortion, 381
--- Kingsmill dies after murdering his wife, 350
constitution of, discussed , 279
conviction of Muggle-John, constable and hangman for larceny, 250
P.C. Forest, Wise, Oliver, and a Chinaman Ayow for burg-
lary, 379
Randolph for extortion, 401 , 436
P.S. Kelly for extortion, 629
deaths among European constabulary, 279
INDEX. 723
POLICE,-Continued.
defective system of recruiting, 125
delinquencies of, 126
disgraceful conduct at an extensive fire, 376
dissatisfaction with, 254
European constable conniving at escape of prisoner, 95
--Thompson pardoned , 153
excessive drinking of bad liquor, 279
failure to enlist Malays, 437
first superintendent, 41
four European, sentenced for larceny, 138
frequent prosecutions against European, 125
gambling and the, 401
governor considers complaints against, well founded , 407
increase to, 376
--- owing to disturbances , 412
Indian, charged with extortion, 381
night, raised and subject of praise , 54 , 91
inefficiency, 40
inspection by Sir J. Bowring, 377
inspector Smithers and others drowned , 208
major-general D'Aguilar and military volunteers in addition to, 42
Manila men as, 279
memorial of residents consequent upon , inefficiency, 496
Mr. Grand-Pré enlists discharged Portuguese soldiers from Macao, 437
murder by Chinese burglars of P.C. Rocha and Maria, 658
natives of Madras as, 279
no barrack accommodation , 437
interpreters attached to, 255
-mutual sympathy between the Indian and Chinaman, 55
office of assistant superintendent abolished , 453
placed at defiance, 332
poor wages , 279
precautions during absence of troops, 137
proceedings against, in the courts, 126
proposal of Justices that, be under a municipal committee, 295
prosecution of Indian, for allowing prisoners to escape, 121
prostitutes and charges of extortion against, 80
public confidence shaken in, 126
meeting proposed re state of, 332
opinion of European portion of, 91
reformation the crying want, 381
registration and, 127
reinforced by military to prevent disturbances, 409
scrimmage with Chinese in the harbour, 209
series of prosecutions against, 125
serious charge against, as to tax on the prostitutes, 133
the Chinese complaint against Indian, 407
detention of Cheong Ahlum and confederates in, cells, 422
justices of the peace and, 406
--long tale of, mismanagement, 370
-- Malay as a policeman , 279
The Straits Guardian on the condition of the Force, 496
Too Apo, informer, kuown to, as an offender, 190
treatment of persons arrested by, 255
unsuitability of British, for street, 54
verdict of accidental death against, for shooting a Chinaman, 286
warning as to increased watchfulness, '495
724 INDEX.
POLICE, - Continued.
warning as to fresh attempt at bread poisoning, 428
See also Anstey, T. C .; Army ; Bruce, Capt.; Clifton , Mr.; Coroner;
Haly, Capt.; Hongkong ; Justices of the Peace ; Martinho and
Los Santos ; Pawnbroker ; Police ; Prisoners ; Prostitution ;
Special Constabulary.
POLICE COURT. See Magistrate ; Supreme Court.
POLLARD, E. H.
admission as an attorney, 275
application to be admitted as an attorney, 275
clerk to acting chief justice, 171
keeper of records and muniments, 173
Mr. W. D'E. Parker opposes his admission, 275
return of, as a barrister, 588
PORK BUTCHERS .
prosecution of, by Mr. Caldwell, 565
result of prosecution against, 565
PORTUGUESE .
murder of Lieutenant Miranda by pirates, 316 , 317
trial and conviction of, seamen for piracy and murder, 324
See also D'Assis, Pacheco, and De Mello, Case of ; Hillier, C. B.;
Macao ; Martinho and Los Santos ; Piracy ; Police.
POST OFFICE.
captain Larkins charged with breach of, regulations, 143
POTTINGER, SIR HENRY.
address to the jury, 37
appointed Governor of Hongkong, 20
approval of his services by Her Majesty's Government, 45
arrival in England, 50
of, 10
career in China, 50
character of England raised by, 51
chief superintendent of trade, 10
comparison of legislation of, with that of Sir J. Davis, 187
delay in departure, 49
departure of, 49
had no assistance, 188
his legislation, 50
honours bestowed on him, 51
made a K. G. C. of the Bath , 16 , 18
misunderstanding with admiral Cochrane, 49
on the supplementary treaty, 44
presented at Queen's Levée, 78
record of his life and services, 52
return to Ireland, 51
PRACTICE . See Cases ; Supreme Court.
PRACTITIONERS - IN -LAW.
Ordinance for, aud amalgamation, 486, 494
See also Attorney Bar : Legal Profession .
PRECEDENCE.
lieut.-governor with, over chief justice, 361
See also Cases ; Supreme Court.
INDEX . 725
PRESS .
attack the report of the Caldwell Commission Inquiry, 511
complaints against, being excluded from the Legislative Council, 648
eulogy on the local, 648
Governor Sir H. Robinson on the local, law, 653
heavy sentence passed on Mr. Tarrant believed to have desired effect, 616
memorial to the chief justice as to, accommodation in court, 440
Mr. Mercer's motion on state of the Hongkong, 616
on the amalgamation of the legal profession, 491
permission given to, to hear an important matter in chambers, 328
Sir H. Robinson and Chief Justice Adams believed , to be detrimental
to well-being of Hongkong, 649
Robinson's speech relating to the local, 24n
the, law debated in council, 653
See also Adams, W. H.; Anstey, T. C.; Colonies, The ; Legis-
lative Council ; London and China Telegraph, The ; Ma-
gistrate ; Morning Advertiser, The London Morning Herald,
The Times, The.
PRISON.
a discharged seaman sues the gaoler for money deposited, 362
amendment of regulations as regards misdemeanauts, 620
a sick prisoner flogged, 645
- system of gaol delivery, 369
- triple suicide in, 537
attempt to bribe a turnkey by a prisoner under sentence of death , 350
a turnkey the worse for liquor, 466
body of Lye Mooey Chie exhumed , 645
building completed, 11
chief magistrate as head of, 40
commission , 428
condemnation of, by Chief Justice Adams, 620
condition of, 643
cruelty in other forms in, 645
disgusting state of affairs prevalent in, 643
early history of, 30
erection of treadwheel, 333
escape and arrest of the notorious convict Ho Ah Chee , 453
of convicts , 94, 295 , 369, 466
European convicts bribe native guards and escape, 440
subordinates suspected of robbery in, 362
facilities of escape great , 289
'governor ' of the gaol created , 428
heavy robbery in, 362
improvement under Mr. Inglis, 453
misgovernment, 388
more disclosures, 645
Mr. Hillier's account of, in 1855 , 643
--Lyall's report in 1857, 644
mutiny of prisoners, 643
no interpreter attached to, 645
legal authority for title of ' governor of the gaol ,' 428
6
only went out of prison for a spree on the Queen's Birthday,' 289
small pay allowed to, subordinates, 362
suspicions death of Lye Mooey Chie, 645
tail-cutting in, introduced by Mr. Campbell, 132
the abominable condition of, 620
- long tale of, misgovernment, 370
726 INDEX .
PRISON, -Continued.
the report of Messrs. Anstey and Rickett in 1858 , 644
unnatural crimes in, 644
verdict of the jury in the case of Lye Mooey Chie, 645
young criminals associated with hardened criminals, 644
See also Administration of Justice ; Cheong Ahlum ; Chinese:
Extortion ; Free Pardon : Goodings, R.; Inglis , A. L.; Mit-
chell, W. H.; Police ; Prisoners ; Tail Cutting.
PRISONERS .
conviction of Steele, Newton , and Mellroy for prison breaking, 289
death of Booray, 320
escape of Sinclair, Ross, and Walker, 101
substitution of, amongst Chinese , 95
wrongly convicted, 193
See also Bar ; Chinese ; Flogging ; Free Pardon : Moresby, W.:
Perkins, G.; Police ; Prison .
PRIVATEER, THE. See Piracy.
PRIVATE PRACTICE . See Anstey, T. C.; Attorney - General : Brid-
ges , W. T.
PRIVY COUNCIL.
appeal Lapraik and Anor. v. Burrows, 601
Murrow v . Stuart, 328 , 345
— Tromson v. Dent and Ors., 333
rules and regulations as to appeals to, 95 , 337
PROBATE AND ADMINISTRATION. See Supreme Court.
PROCEDURE . See Supreme Court.
PROCESS . See Supreme Court.
PROCLAMATION.
forbidding Chinese to walk the streets after eleven at night, 17
requiring obedience to laws on the part of the Chinese, 499
suppression of lawless meetings, 409
See also Chusan ; Hongkong ; Land.
PROFESSIONAL ETIQUETTE .
Dr. Bridges' signboards, 551
Mr. Anstey denounces Dr. Bridges for violating. 416
See also Barristers.
PROFESSIONAL MEN.
advertizement of Messrs. Coley and Gaskell, 108
Mr. Cooper-Turner, 350
Farncomb, 16
Goddard, 75
McSwyncy, 82
the fashion for, to advertize, 75
PROSTITUTION.
abandonment of inmate of brothel on becoming diseased , 101
an arbitrary exaction , 133
case of conspiracy to sell a girl for purposes of, 288
Chinese system of, disclosed, 101
complaints as to cases for keeping bawdy houses being committed for
trial, 326
1
INDEX. 727
PROSTITUTION , -- Continued.
the case against Chow Sam Moocy for keeping a brothel and the conduct
of the police, 309
quasi-tax on, 133
See also Caine, W.; Chinese ; House of Commons ; Police .
PUBLIC DECENCY.
outrages upon, 327
PUBLIC MEETING .
adjourned, 222
memorial sent home, 224
on local grievances , 257
regarding position and prospects of the Colony, 217
See also Attorney ; Justices of the Peace ; Secretary of State.
PUISNE JUDGE.
necessity for, mooted, 397, 658
PUNTI See Buccaneering .
QUEEN'S BIRTHDAY. See Free Pardon ; Prison .
QUEEN'S EVIDENCE . See Too Apo .
QUEEN'S ORDERS -IN- COUNCIL. See Royal Orders-in- Council.
QUEEN, THE. See Piracy.
QUEUE. See Tail Cutting.
QUICK WITH CHILD . See Perkins, G.
" RAIKES , ESQ., THE JOURNAL OF T. "
character of Sir J. Bowring in, 387
RANDOLPH, P.C. See Police .
RECLAMATION. See Land.
REFORMATORY.
incentive for starting of a, 644
REGISTRATION.
a failure, 93
based on Chinese principle of mutual security, 127
census and registration office, 73
dreaded by Chinese , 255
duties of census and , officer performed by Mr. May, 285
effect of opposition by natives to local laws , 69
Englishmen accused of tampering with the Chinese in their opposition
to, 68
opposition to, 67
parliamentary discussion, 69
precursor of, 42
public meeting against, 67
opinion, 44, 66
strike of Chinese labourers, 67
REMISSION OF PENALTIES . See Penalties.
RENNIE, MR.
objected to as a member of the Legislative Council, 564
the appointment approved of, 600
728 INDEX .
RENT. See Land.
REPORTER. See Press .
RHONE, THE See Heycock, R. C.
RICKETT, MR.
report on the gaol in 1858 , 644
RIOT. See Anstey, T. C.
ROAD.
the law of, 123
See also Door Lamps ; Lanterns ; Lighting of the Town.
ROBERTSON, B.
acting consul at Canton, 332
appointed consul at Amoy, 331
vice-consul for China, 55
ROBINSON, SIR H.
acting under instructions, 653
appointed Governor of Hongkong, 595
arrival of, 604
a stigma upon his administration, 624
comes out with instructions , 616
observations as to the constitution of the Legislative Council, 616
on the local press, 653 , 654
stigma of cruelty attached to his administration , 616
ROSS . See Prisoners .
ROYAL ASIATIC SOCIETY .
dispute between Sir J. Bowring and Mr. Anstey at a meeting of, 426
meeting in Supreme Court building, 232, 303
papers read by Mr. Austey, 406 , 411
ROYAL MARINES . See Navy .
ROYAL ORDERS -IN - COUNCIL.
1833, 9th December, 2
1840, 22nd May, 43
1843, 24th February, 581
— — 1st June, 18
1844, 17th April, 43 , 142
1853 , 13th June, 336, 337, 581
1859, 2nd February, 429
3rd March, 581
RULES AND ORDERS . See Supreme Court .
RUSSIA.
declaration of war against, 348
SAILORS' HOME.
creation of, suggested , 328
SAMARANG. See Executions.
SARGENT, LIEUT. See Army .
SCANDAL.
the noisome scandal of the East, 405
unique in all, of the government of Colonies, 405
INDEX . 729
SCHOOLS . See Interpretation ; King's College, Londou.
SCOTT, ALEXANDER.
appointed recording officer, 19
death of, 34
SCOTT, JOSEPH.
appointed governor of the gaol, 537
confirmed in his appointment, 538
SEAMEN. See Executions ; Merchant Shipping and references ; Navy ;
Police ; Prison.
SECRETARY OF STATE .
amusing speech of Sir E. B. Lyttou in House of Commons on Hongkong
affairs, 582
apathy of home authorities relative to Hongkong affairs, 641
despatch of Lord Palmerston in the Compton case, 117
Earl Grey's reply to local grievances, 24
memorial of residents, 257
letter from Earl of Carnarvon expressing regret at Mr. Anstey's suspen-
sion, 589
public memorial to Earl Grey, 217 , 224
refusal to confirm two Ordinances without alteration, 570
Sir E. B. Lytton's despatch dismissing Mr. Anstey, 585
takes no notice of accusations against a public officer except through
the Governor, 585
See also Aberdeen ; Anstey, T. C.; Attorney- General ; Church ;
Civil Service ; Compton Case, The ; House of Commons ;
Land ; Newcastle, Duke of.
SECRET ASSOCIATIONS . See Chinese.
SECRET SOCIETIES .
branding, 73
existence of, in Hongkong, 14
Hongkong head-quarters for South of China, 127
meeting of triad, 137
obnoxious members of, 93
raid by police, 70
suppression of, 73
triad society flourishing, 127.
See also Branding.
SELECT COMMITTEE . See House of Commons.
SENTENCES .
curious, 30
See also Death Sentences.
SERVICE OF PROCESS . See Supreme Court.
SEYMOUR, ADMIRAL SIR M. See Navy.
SHANGHAI .
superintendency of trade removed to, 348
SHAP NG TSAI. See Piracy.
SHEFFIELD.
petition to the House of Lords from , re Mr. Austey and Hongkong affairs,
581
See also Newcastle.
730 INDEX .
SHELLEY, MR .
audits registrar's accounts , 91
Hindustani interpreter, 82
promoted assistant auditor-general in Mauritius, 142
SHERIFF . See Extortion ; Holdforth, C. J.
SHORTREDE , MR.
abandonment of charge against , for removing his printing establishment ,
171
on extortions from prostitutes , 80
SHUCK-PAI-WAN. See Aberdeen.
SIAM.
treaty of commerce with, 359
See also Hillier, C. B.
SINCLAIR. See Piracy ; Prisoners.
SINGAPORE. See References from Straits Settlements.
SIR JAMSETJEE JEEJEEBHOY, THE. See Buccaneering.
SIRR, H. C.
admission to the local bar, 65
articles in The Dublin University Magazine attributed to him, 177
a vice-consul for China, 55
his chequered career, 55n
starts practising at the bar, 55
SLAVERY .
existence of, in the Colony, 35
See also Anstey, T. C.
SMITH , F.
appointed deputy registrar, 83
death of, 287
public liberality and sympathy to his family, 287
surrogate of vice-admiralty court, 173
SMITHERS , J.
death of, usher of the supreme court and clerk, and sexton to St. John's
Cathedral, 602
SMITHERS, T. See Police.
SNOWDEN, MR. JUSTICE .
speech in the Legislative Council upon the supreme court house, 237
SOLDIERS . See Army.
SOLICITORS . See Attorney and references therefrom.
SONG.
66"You
may go to Hongkong for me,' 581
SOVEREIGNTY. See British Sovereignty .
SPECIAL CONSTABULARY.
meeting at chief magistrate's office respecting, 412
the attorney-general and the form of oath, 412
voluntary enrolment, 412
See also Police .
INDEX. 731
SPECIAL JURY. See Jury .
SPEECH, FREEDOM OF . See Legislative Council.
STACE, MR.
daring robbery with violence on, 478
departure for England , 600
STANLEY.
Chuck Chu named , 79
6
establishment of a magistracy at Chuck Chu, ' 48
tenders for building a residence for the assistant magistrate, and Police
Stations, 56
See also Hillier, C. B.
STANLEY, LORD . See Land Transportation.
STATUTES .
careless introduction of, in the Colony, 542
inapplicable to the circumstances of the Colony, 571
6 Geo. 4 C. 69......43 11 & 12 Vict. c. 46......371
2 & 3 Will. 4 c. 92 ......329 12 & 13 Vict. c. 29......601
3 & 4 Will. 4 c. 41 ......329 c. 68......467
c. 93 ...... 1 , 322 c. 96......251 , 276 , 282
6 & 7 Will. 4 c . 66 ......348 14 & 15 Vict. c. 19 ...... 355
-C .112 ......329 c. 76......367
c. 114......38 c. 99-100.325
6 & 7 Vict. C. 34......355 15 & 16 Vict. c . 24 ......355
c. 80 ...... 28, 142 17 & 18 Vict. c. 125 .....367
C. 83......371 18 & 19 Vict. c. 42 ......401
C. 85......355 c. 104..... 363 , 546
C. 94......631 19 Vict. c. 117 .....543, 546
-c . 96 ...... 355, 556 20 c. 47...... 543
s. 8... 561 20 & 21 Vict. c . 85 ...... 471
7 & 8 Vict. c. 62......355 21 Vict. c. 14 ...... 544
8 & 9 Vict. C. 47......355 c. 54...... 544, 546
c. 89 ......601 c. 57 ......544, 546
9 & 10 Vict. c. 24...... 371 -- c. 77......544
c. 25......355 c. 85 ...... 544
10 & 11 Vict. c. 66...... 355 22 & 23 Vict. c . 9 ...... 601
c. 83......89
See Attorney-General ; Secretary of State .
STEELE, THOMAS.
committed for trial, 286
conviction for stabbing , 276
escape from gaol, 285
re-captured drunk, 285
sentence for prison breaking, 289
See also Prisoners .
STERLING, ADMIRAL. See Navy.
STERLING, P. I.
acting chief justice, rice Hulme, 321 , 331 , 347
acts for Chief Justice Hulme on summary jurisdiction side of the court,
309
732 INDEX .
STERLING, P. I.- Continued.
admitted to the local bar, 65
appointed puisne judge at Ceylon, 365
appointment as attorney-general rumoured , 43
arrival as attorney-general, 56
departure of his wife for England, 256
on leave, 107, 359
encomium on law societies, 354
first recorded unpleasantness concerning, 290
gazetted a member of the Executive Council, 56
his attitude respecting Chinese oaths, 310
- career and death, 107 , 365 , 366
- decision upheld by the Privy Council on appeal, 333
judicial affairs at the time of his arrival, 56
magic words attributed to him, 309
member of the Executive Council, 332
objects to a juryman on account of his views re Chinese oaths, 312
on the division of land lots, 282
opinion that counsel coming to Hongkong having no salary ought to be
well paid, 309
rebukes the jury , 326
requests a local journal to remove his name from list of subscribers, 290
resumes duties as attorney-general, 185
strictures passed on him, 290
suggests a simple affirmation in lieu of oath, 312
taken to task for flaws in indictments, 289
ST. JOHN'S CATHEDRAL . See Church.
ST . PATRICK'S DAY. See Supreme Court.
STRACHAN, MR. See Assault.
STRAITS GUARDIAN, THE.
anonymous letter on Hongkong affairs in, to the Earl of Harrowby, 447
letter attributed to Mr. J. Y. Murrow, 447
on the condition of the Hongkong Police Force, 495
STRAITS SETTLEMENTS . See Caldwell, H. C.; Oath ; Police; Straits
Guardian, The ; Transportation.
STREET . See Road and references therefrom.
SUBSCRIPTION.
fine of Mr. Tarrant paid by , 444, 622
public, to meet Dr. Bridges ' bill of costs against Mr. Tarrant, 621
towards the expenses of The Friend of China for libel, 83
See also Smith , F.
SUICIDE. See Chinese.
SUMMARY JURISDICTION. See Day, John ; Justices of the Peace ;
Magistrate ; Supreme Court.
SUMMERS, J.
adventures of, 244
amenable to jurisdiction of Hongkong authorities , 246
appointed professor of Chinese at King's College, London, 348
his arrest at Macao, 244
--qualifications as professor of Chinese, 348
INDEX. 733
SUMMERS, J.- Continued.
his return to Hongkong, 248
meets a religious procession at Macao and refuses to uncover himself,
244
released by captain Keppel, 245
SUNDAY.
desecration of day of rest in Hongkong, 53
government notification as to, 407
order of Governor-in-Council as to, observance, 53
the labour question and the desecration of the Sabbath, 407
SUPERINTENDENT OF TRADE.
appeal from consul or vice-consul to the chief, 387
assistants in office of, and the study of Chinese, 348
duties of, during vacancy of office or absence, 601
of governor and, 187
office of, created , 2
of deputy, abolished, 24
- governor, plenipotentiary , and, combined as before, 331
plenipotentiary and, separated from that of Governor of Hong-
kong, 594
removed to Shanghai, 595
power of, under Consular Ordinance No. 1 of 1847, 138
separation from governorship of Hongkong believed beneficial, 323
See also Administration of Government ; Consular Courts ; Con-
sular Decisions ; Consular Jurisdiction ; Consulates ; Shanghai.
SUPREME COURT.
abolition not aimed at, 220
admissions to practise in, 65
accommodation in, 282
a military guard in charge of, 183
appeal to, from consular decisions withdrawn, 137 , 226
applications in early days for probate and administration advertized, 74
April, 1848, criminal sessions held in new, 189
block in business owing to illness of Chief Justice Hulme, 366
British subjects deprived of right of appeal to , 138
cases adjourned without assigning reason or for want of interpreter, 454
Chief Justices Hulme and Adams on the Court's vacation, 658
civil appeals to, from consular decisions, 301
condemnation of fees charged in, 218
confidence in , 126
cost of law proceedings in, 218
crowded state of the, hall, 309
deemed creditable to the Colony, 195
disallowance of rules, 136
dissatisfaction at non-opening of, 38
Earl Grey as to simplification of legal procedure in, 258
encroachment upon powers of, 146
establishment at time of suspension of Chief Justice Hulme, 168
in 1850, 288
extension of summary jurisdiction, 222, 233
favourable reference to working of, 81
fees in, not exorbitant, 258
on the insolvency side, 113
first criminal case heard in, 65
sessions of, 65
734 INDEX.
SUPREME COURT, —Continued.
forms and fees in, 223
frequent postponements and referring of cases to arbitration, 454
gift of law books to, library by Chief Justice Hulme, 161
ground floor of, considered fit for a police court, 237
how utilized , 237
used as a church, 233
heavy work in, 140
held in large upper room for first time , 282
inconvenience caused by passing door nearest the bench, 319
increase of pay to registrar and deputy registrar, 629
jurisdiction in civil actions between Chinese subjects when originating
out of the Colony, 301
melancholy condition of, as presided over by Mr. Campbell, 204
military guard withdrawn from Court House, 429
necessity for a new Court House mooted, 397
new rules of court, March, 1847 , 130
notice board limiting passage to professionals and others, 319
notification of day on which court would sit on summary side, 81
regarding admission of persons within bar of court, and arran-
gement of seats, 628
oath of attorneys in, 65
office of clerk of court and deputy registrar merged, 288
opening of, 64
order of court re rules to be observed in drawing of special jury in civil
cases, 629
re writs of capias ad respondendum, 629
that cause list be gone through in regular order, 631
orders of court disallowed by home government, 70
point of practice in, 398
powers as to consular civil appeals and committals for trial, 336
precedence of cases for hearing settled, 398
press reporters in, 282
removed from Wellington Street to building in Queen's Road, 182
renewed complaints as to non-opening of, 60
re-opens at 10 a.m., 604
report of proceedings of first criminal sessions of, 65
result of scandalous delay in opening, 60
rule of court regulating criminal sessions, 354
respecting service of process on military officers disallowed ,
78
rules and orders of the courts at Westminster introduced , 544, 647
-
of practice in, simplified, 235
satisfactory working of, 81
scene between Mr. Anstey and Dr. Bridges in, 432
Mr. Hillier and Mr. Mitchell in , 379
service of process and fee payable in the summary jurisdiction , 274
Sir J. W. Carrington and the notice board, 319
sittings at nisi prius, 231
skit at non-opening of, 59
summary jurisdiction improved , 75 , 81
the Compton case the first appeal against a consular decision , 118
hall of, described, 397
Irish celebrate St. Patrick's Day in the old Court House, 183
unsatisfactory state of affairs in, 454
See also Administration of Justice : Appeal ; Attorney : At-
torney-General ; Bar ; Campbell, C. M.; Compton Case, The:
INDEX . 735
SUPREME COURT, -Continued.
Consular Courts ; Consular Decisions ; Consular Jurisdiction ;
Gambling ; Gaskell, W.; Hulme, J. W.; Interpretation ; In-
testacy ; Japan ; Law Library ; Legal Profession ; Magis-
trate ; Parker, N. D'E.; Press ; Puisne Judge ; Royal Asiatic
Society ; Translators.
SURRENDER OF CHINESE. See Extradition.
SURRENDER OF CRIMINALS . See Extradition .
SYDNEY . See Australia and references therefrom .
TAIL CUTTING.
authorities shave off place where ' tail ' was, 133
cases of cutting off the tail,' 108
colonel Malcolm's evidence and opinion as to effect of, 132
cutting off of tail, ' 30
fifty-four Chinese ordered to have tails cut off for having no registration
ticket, 92
Governor Bonham orders practice of, to be discontinued , 203
Mr. Campbell's orders respecting, and shaving of ' crowns,' 203
no authority by law for, 132
' queues of pirates cut off to prevent suicide before execution, 241
sailors execute Lynch law ' by cutting off Chinese ' tails,' 209
tail cutting in prisons introduced by Mr. Campbell, 132
unknown to Chinese usage, 132
testimony of Mr. Matheson as to effect of, 132
See also Campbell, C. M.; Chinese ; Ma Chow Wong ; Prison .
TAM ACHOY, CAPT. BAKER, AND OTHERS . See Buccaneering.
TARRANT, H. J.
admission as an attorney of the court, 300
departure for England, 600
Messrs. Cooper-Turner and Hazeland take over his business, 600
TARRANT, W.
abandonment of charge against him for conspiracy, 170
acknowledgment of injustice, 240
acquitted by the jury for an alleged libel on the government, 562
addresses the secretary of state regarding Dr. Bridges, 438 , 444
admission as an attorney of the court, 7
apology to Dr. Bridges for a repeated libel, 449
a public subscription raised on his behalf, 624
as a boy at sea, 566 n.
asks Chief Justice Hulme to intercede for him with Earl Grey, 170
asks the government to take steps consequent upon return of Major
Caine's compradore, 265
at liberty to receive and send out letters in gaol, 620
attack upon Dr. Bridges, 437
author of Early History of Hongkong,' 625
bequeaths file of The Friend of China to City Hall library, 625
case against him and Afoon for conspiracy postponed, 150
of the Crown against him in the House of Commons, 581
committee of inquiry as to his complaint against Major Caine's com-
pradore, 143
convicted of libelling Colonel Caine, 613
criticisms upon treatment of, 615
Earl Grey's reply to, 239
736 INDEX .
TARRANT, W.- Continued.
fined £ 100 for libelling Dr. Bridges, 443
heavy sentence against him for libelling Colonel Caine, 614
his attack on the report of the Caldwell Commission Inquiry, 511
case and his treatment, 280
investigated in Colonel Caine's action for libel against him, 241
- death, 625
fine paid by subscription, 622
index dedicated to Chief Justice Hulme, 280
to the Ordinances , 280, 625
property ruined , 617
- sympathizers pay his fine and costs for libelling Dr. Bridges, 444
incarcerated for four months for Dr. Bridges ' ' little bill ' in a criminal
action, 624, 653
inquiry by Mr. Campbell as regards, how constituted, 609
investigation into his repeated accusations against Colonel Caine, 605
lays his case re Major Caine's compradore before the secretary of state,
170
minute of visiting justices removing him to the commou gaol, 619
months in prison for Dr. Bridges' costs, 623
never ceased recurring to the subject of his grievances re Colonel Caine,
557
obituary notice on, 625
on his release from gaol is confined for costs due to Dr. Bridges, 622
ordered back to his former cell , 617
origin of quarrel between, and Colonel Caine, 607
owed his dismissal from government to Mr. Campbell, 608
petition to government to allow him to be confined in debtor's gaol ,
618
poor compensation to, 239
pretext for getting rid of him, 239
prosecuted by Dr. Bridges for libel, 438
for libelling the government, 556
prosecution of, and Afoon for conspiracy to injure character of Major
Caine, 144
for libelling Dr. Bridges, 440
public feeling that punishment of, in excess of offence , 617
publishes list of subscribers to the fine imposed on him for libelling Dr.
Bridges, 444
purchases and edits The Friend of China, 280
recovers damages against Cheong Ahlum, 434
released after undergoing six months' imprisonment, 622
removed to the hospital ward, 617
reports extortion by Major Caine's compradore to government, 143
libel against Dr. Bridges, 448
spirit of revenge as regards, 617
the Colonial, Indian, and Home Press on treatment of, 621
--- Duke of Newcastle suggests his removal to debtor's gaol or remission
of sentence, 621
--
- Friend of China revived, 625
justices' recommendation as to, 620
public decide to stand by him, 624
severe treatment meted out to him in gaol, 617
writ against his chattels at suit of Dr. Bridges for costs, 623
trial of, for libelling Colonel Caine, 613
See also Anstey, T. C.; Bridges, W. T.; Caine, W.; Conspiracy ;
House of Lords.
INDEX. 737
TAXATION. See Attorney ; Bill of Costs ; Chinese.
TEPOS .
Chinese peace officers , 338
See also Chinese .
TESTIMONIALS . See Addresses to Officials.
THOM, MR.
Chinese interpreter, 256
THOMSETT , LIEUT.
appointed acting harbour master and marine magistrate, 646
TIMES, THE.
suggestion respecting Sir J. Bowring's disgraceful administration, 583
the allusion to Sir J. Bowring and Dr. Bridges, 583
upon the chaos in Hongkong, 583
See also Anstey, T. C .; House of Commons ; Land ; Navy.
TONG ACHIK . See Interpretation .
TONG AKU .
charge of receiving bribes against, at instance of Ma Chow Wong, 445
Mr. Edwin James moves Parliament for papers as to, 588 § 7
unfair allusion to, by Sir J. Bowring, 525
TOO APO.
admitted as Queen's evidence in the Chimmo Bay piracy case, 189
becomes a piracy approver, 139
charged with extortion, 190
conviction obtained on his unsupported testimony, 175
of, for extortion , 191
how he contrived to deceive , 190
jury return a verdict of guilty on his evidence, 174
prisoners sentenced to transportation on his evidence, kept back, 198
receives a free pardon for assistance in Chimmo Bay piracy, 139
sentenced to transportation for robbery, 139
taken on as police informer, 174
the authorities and , 192
-- victims of, 192
through fear of his influence he is not denounced, 190
turns Queen's evidence in the Chimmo Bay piracy, 174
victims of, pardoned, 206
See also Caldwell, D. R.
TRADE. See Aberdeen ; Obnoxious Trade ; Superintendent of Trade.
TRADESMEN AND MECHANICS .
illegal combinations, 24
TRADES UNIONS . See Chinese.
TRANSLATORS .
rule of court admitting, to the supreme court, 182
TRANSPORTATION.
Chinese convicts transported to Seinde , 121
Chun A Yee, a transported convict, found at large in the Colony, 349
convict Sinclair sentenced to, pardoned , 142
convicts sent to Penang, 195 , 198
738 INDEX.
TRANSPORTATION, —Continued.
convict soldiers transported to the Cape of Good Hope, 210
or Van Diemen's
Land, 250
convicts transported to Penang, 259, 293 , 331
escape of Chinese convicts at Penang, 221
mutiny of transported convicts on board the General Wood, 145, 151
objection in the Straits Settlements to, thither, 301
of Asiaties to Singapore , 121
report respecting first batch of transported European conviets, 71
sixty Chinese transported to Labuan 440
-more 99 553
tenders for conveyance of Chinese convicts to Singapore, 350
European convicts to Western Australia, 353
tenders for passage of convicts to Penang, 145 , 292, 338 , 341 , 354
-the Cape of Good Hope and Penang,
227
to Norfolk Island , 43, 70
Singapore and Bombay, 107 , 113
-- Van Diemen's Land, 43 , 70
wreck of the Lord Stanley, with convicts on board, 301
See also Army ; Cape of Good Hope ; India ; Labuan ; Mor, The ;
Piracy ; Prisoners ,
TREATY OF PEACE. See China.
TRIAD SECRET SOCIETY . See Secret Societies.
TRINIDAD JUDICIAL SCANDAL .
judicial misconduct in Colonial Courts of Justice, 155
TROOPS , OFFICER COMMANDING THE. See Army.
TROTTER, G. A.
clerk to the Chief Justice, 171
his services, 171
proceeds ou leave, 331
resigns on suspension of Chief Justice Hulme, 171
return from leave, 353
TURNER, G. COOPER-. See Cooper-Turner, G.
TURNER, THOMAS.
acting clerk to chief justice, 647
UNITED STATES . See Americans.
UNLAWFUL ASSEMBLY . See Assembly.
VACATION. See Supreme Court.
VAGRANCY.
paupers hunted up and flogged, 149
VAN DIEMEN'S LAND . See Trausportation.
VENEREAL DISEASE. See Navy.
VERANDAH. See Land.
VICE-ADMIRALTY. See Admiralty.
VICTORIA .
city of, 20
VICTORIA, BISHOP OF. See Church.
1
INDEX . 739
WADE, THE JOHN.
trial of captain and officers of the American ship, for murder, 436
WADE, THOMAS.
appointed Chinese interpreter, 25, 94
interpreter of Chinese Customs at Shanghai, 351
private secretary to Sir George Bonham, 189
assistant Chinese secretary and interpreter, 130
attached to the suite of Lord Elgin as Chinese interpreter, 435
Chinese secretary to the British Legation at Peking, 594
- superintendency of trade, 361
resigns Chinese interpretership to the supreme court, 130
upon the supreme court house, 237
vice-consul at Shanghai, 331
WALKER. See Prisoners .
WAR. See Russia.
WARRANTS OF COMMITMENT.
chief justice's opinion on, sealed but not signed, 111
WATCHMEN.
bewailings in consequence of stoppage of bamboo -striking, 57
Chinese custom of bamboo-striking, 56
fine imposed by chief magistrate for contravening order against bamboo-
striking, 57
major-general D'Aguilar and the custom of bamboo- striking, 57, 58
suspicious character of native, 42
WATER.
run of, not to be diverted, 8
WATKINS , R.N., CAPT.
appointed harbour master and marine magistrate, 342
WEATHERHEAD, A.
clerk of the supreme court, 453
resigns , 657
takes leave , 595
WELCH, MR.
prosecution of, for having music ' in his house, 87
WELLINGTON, DUKE OF. See Duke of Wellington .
WHALERS .
deserters inveigled on board, 323
See also Desertion and references therefrom .
WHIPPING. See Flogging.
WILLIAMS. See Gibbons, Jones, and Williams .
WILSON, A.
prosecution and trial of, of The China Mail, for libelling Mr. Anstey,
565
WINCHESTER, H.M.S. See Navy.
WITNESS.
chief justice refuses to allow depositions of absent, to be read , 300
deposition of absent, to be read at trial, 295
practice heretofore of not requiring, to leave the Court, 284
See also Contempt of Court ; Depositions ; Evidence ; Oath ; Su-
preme Court.
740 INDEX.
WOMAN. See Perkins, G.
WONG AHLIN.
convicted of burglary, 436
See also Free Pardon .
WONG ALOONG.
trial and conviction of, for forgery of Chief Justice Adams' signature, 605
WONG A SHING .
the first Chinese juryman in Hongkong, 465
WORDS .
'a contemptible, damnable trick,' 511 , 556
' all that mass of mud which appeared to have encumbered society,' 616
: a pariah practitioner, ' 202
4
a puppet whose malice was checked by imbecility,' 220
·
a system of libel carried to a great height,' 622
a tribunal where neither quirks nor quibbles would be permitted,' 652
' better to hang the wrong man than confess that British sagacity and
activity have failed to discover the real criminals,' 417
' de die in diem ,' 529
'exfavore,' 529
hanging the wrong man will not further the ends of justice,' 418
' he who flees judgment confesses his guilt,' 240n
if Mahomed cannot come to the mountain, let the mountain go to Ma-
homed,' 255
'I'll dismiss this case without prejudice,' 309
in the multitude of counsellors there is safety ,' 458 , 487
' it is easier to raise ghosts than to lay them, ' 303
like a second Bottom , undertakes the parts of both Pyramus and Thisbe,'
171
'omnia præsumuntur contra spoliatorem,' 527
' only went out of prison for a spree on the Queen's Birthday,' 289
6
reckless libels which had so long poisoned the very atmosphere of the
Colony,' 621
Shylock-like, thirsting for his pound of flesh,' 623
'the Court does not sit as a consulting surgeon,' 341
'the Governor and the governed at sixes and seveus, ' 407
'the noisome scandal of the East,' 405
'the vicious tool,' 221.
'tour de force, ' 532
'vires acquirit eundo,' 528
' with an eye to the future,' 509
' you may go to Hongkong, ' 584
WRIT . See Foreign Attachment ; Supreme Court.
WRIT OF CAPIAS .
power to registrar to issue, 327
rule of court of the 1st January, 1848 , approved, 173
YEH.
his detestable cruelty, 633
YUNG AWING.
articled clerk to Mr. Parsons, acts as interpreter, 389
resigns as acting interpreter, 388
END OF INDEX TO VOLUME I.
CORRIGENDA.
VOLUME I.
Page 24n .-For Ordinance No. 30 of 1860 read Ordinance No. 16 of
1860.
339.-Line 3 from bottom
for 14th March read 14th February .
"" 433. -Line 3 from bottom
for Mr. Bridges read Dr. Bridges .
434.- Line 5 from top
for Mr. Bridges read Dr. Bridges .
37 535. -Line 12 from bottom
for dissessions read dissensions.
"" 578.-Line 8 from bottom
for aquainted read acquainted.
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From the Earliest Times to the Fall of Bagdad. By ARTHUR GILMAN,
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JAVA : THE GARDEN OF THE EAST.
By ELIZA RUHAMAH SCIDMORE. With nearly 40 full-page illustrations.
Crown 8vo, 7s. 6d.
LONDON : T. FISHER UNWIN , PATERNOSTER SQUARE , E.C.
H.S.
་
THE NEW YORK PUBLIC LIBRARY
REFERENCE DEPARTMENT
This book is under no circumstances to be
taken from the Building
form 410
i
2013