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 se