Lieto Hiss Menthe aaa a ih Whit a ui ot it Mn mh Hct oi i pu ra lad Poe ah ‘a rer ee i PVA Nalatelineny th elauilians Panta ital tea tt Mabe oeht tute gaticdipe ictal nana fads at ere neers (ech apy i ‘f og ito _ A be it Beet Lak as ee a a i pi dni rh Rae ten ie A at i a be Min iH) en ig of } AM t Ht ial i 1 ; ily fei fetid Ae beiit ; Let A Hite ; eet fh y at une 6] Riese teehee HOME Teen: ANR NX 196 mii Garnell Law Srhoul Library HISTORY OF THE LAWS AND COURTS, OF. HONGKONG, ETC., ETC., ETC. THE HISTORY OF THH LAWS AND COURTS OF ra 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-KYS HE, OF LINCOLN’S INN, ESQUIRE, BARRISTER-AT-LAW, Registrar of the Supreme Court of Hongkong. IN TWO VOLUMES. wind Leo 7 VOL. I. Jeondon : T. FISHER UNWIN. Hongkong : NORONHA AND COMPANY. MDOCCXCVIII. The Right of Translation and Reproduction is reserved. Sr Lbs 426 PRINTED BY NORONHA AND COMPANY, ZETLAND STREET, VICTORIA, HONGKONG, TO HIS HONOUR SIR JOHN WORRELL CARRINGTON, Kyr., c.m.e., CHIEF JUSTICE OF HONGKONG. etc., etc., etc., THIS WORK Is, WITH PERMISSION, Respectfully Medicated. “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 ». Kennedy, L. R. 27 Ch. D. 31. PREFACE. Vee 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 of justice 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 of justice 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 of a 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, Chinese acquiesce in our laws and fully admit their beneficence is an incontestable fact which will be found fally 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 customs. | 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, inaueiie Lhe Limes, rather ungenerously, to characterise the Court as * See Chap. XXX1., infra, p. 642, 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 Honoutr's permission, it is now respectfully inscribed to him. ; J. W. Norron-Kysue. The Supreme Court, Hongkong, 30th September, 1898. * Vol. IL, Chap, XXxIx. § 1., infra, p. 58.- APPENDICES.* Here inserted for facility of reference. APPENDIX I, Lists or CHIEF JUSTICES AND JUDGES OF HONGKONG, FROM THE DATE OF THE CHARTER OF THE ConoNny, IN 1813,* he CHIEF JUSTICES. . i | ; Date of Assumption Date of Anal | Name. | > Vee Departure from the Remarks, | of Office. | Colony. | | - 1. John Walter Huline......! 7th May, 1844. | 24th April, 1859, 2. William Henry Adams...' 25th August, 1860, | 13th May, 1865, } See List. of 3. John Jackson Simale...... | 24th October, 1866. 9th April, 1881.> — |Attorneys-Ge- 4, George Phillippo ... | 13th March, 1882. Sth April, 1887.) — meral, infrd. 5. James Russell 5th October, 1888. | 23rd March, 1892. G6. Fielding Clarke........... | 11th June, 1892. 15th January, 1896. 7. John Worrell Carrington.’ 13th May, 1896. | JUDGES. T | ' Date of Assumption Ditte of fine Name, Departure from the Remarks. ‘ erOline: Colony. - | 1. Henry John Ball ......... | 7th July, 1862. 26th June, 1873, 4 a Was Judge of . Francis Snowden § ......; 12th May, 1874. ss the Court of Sum- 2 3. James Russell .| 10th August, 1883. | 4, Fielding Clarke 1 25th March, 1889. | ass 5, Edward James Ackroyd.| 3rd. December, m 6th March, 1895. 6. Alfred Gascoyne Wise ...| 22nd October, 1895. \ mary Jurisdiccion; died in Hongkong, [Ast April, 1883. * 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 Jude 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. 11., Chap. LX. § 1., pp. 223-224. § Virst Puisne Judge constituted under Ordinance No. 14 of 1873—see Vol. 11., Chap. LXU. § L., p. 223. X11 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 Assumption Date of final Name. 7 Departure from the Remarks. of Office, Colony. 1. Paul Ivy Sterling ......... 28th July, 1844. 15th April, 1855. 2. Thomas Chisholm Anstey 3. William Henry Adams... 4, John Jackson Smale...... 5. Julian Pauncefote......... 6. John Bramston .... “ 7. George Phillippo ... 8, Edward Loughlin O'Malley .. 9. Wm, Meigh Goodman ... 30th January, 1856. 7th September, 1859. 22nd April, 1861. 21st July, 1866. 16th February, 1874. 2nd January, 1877. 2ist February, 1880, 15th March, 1890. 30th January, 1859. 4th December, 1873. 22nd July, 1876. Ist February, 1879. 18th February, 1889. Appointed acting Chief Justice on his arrival, pever as- sumed the duties of Attorney-General-, see List of Chief Justices supra, and infra, Ch. ¥xIx. * See List of Chief Justices, supra. See List of Chief Justices, supra. CROWN SOLICITORS. Date of Assumption Date of final ‘\ Name. of Office. Departure from the Remarks. Colony. LJ. J. Hickson v..eeceeee Ist December, 1856.{ 6th February, 1857. 2, George Cooper-Turner...| Gth February, 1857. ee Died at Shanghai, 2nd February, 1861. 3. Francis Innes Hazcland,. 4, Edmund Sharp ...... ..... 5, Alfred Bulmer Jounson.. 6. Henry Lardner Dennys.. 8th February, 1861. 25th January, 1871. 5th May, 1883. Ist December, 1896. bth May, 1883. 17th December, 1896. Died in Hongkong, 21st January, 1871. ; * The information given in these lists is taken from Court Records. ments are not included therein, but will be found in the body of the work, data in regard to the officers whose names here figure. Acting appoint- as well as other XU APPENDIX. *AaVN ay} UT poaras ATsnoraerd peyy "easy ‘qorvy_ ul Surstourd ‘qn0g emaidng oq} Jo Surusdo oT} Jo 9)¥p OTT “yu fur ‘AI0ISIFY apd “SIT aT]] Ul STOYSTLIVG [BUPLATPUL IOJ IO FST] ST] BULUIIOUOD WOTVUTIOJUL JayyAMJ 1OT postay £ $ "6FST ‘toqmaaon pagg pol[vo ‘efdway, o[ppryt O43 JO wt fur ‘K10\stpy ves—A]u0 Joqsiivg @ sv joe 03 ‘cgg] ‘Arenuepe TIF 949 UO ‘ZgsT JO GL ‘ON souLT -IpiQ Jo suotstaoid 043 yytM AyMIOFNOD UT peyoopY “eg Ysty sq} Jo su “6S81 "BFSI ‘uUay, AIBpIET at IVg YSU] eq} 07 payva f puvjary ur synod moj omy Jo pue uny s. Avy JO “pa fer ‘£IOITE] 9OS—LPRI aqmoaon We ‘Teg oy} 0} pol[vo ‘etdwey, epprpl oyt JO *pafur ‘XI0\slT eos—aonsue JoIyO Suyoe puw yerousx) -sousojyy Surow sea | FQ] aquieaon pugg pees ‘ejdway, o[ppipy et JO "eEQT “laqmoaony pugg ‘auy S,ujooUry 48 ARG aq) 04 paT[VEg “£u0TOR oy} jo jRIOUe+r) -seujoyyy IsIy Oy} sBa § EZQ_ ‘MIOT, svMpOUTOIPL “Vg YSsUy 942 0} peed *SIVUOT ween ence ccc ceseesecases seg uyor se jolmp usury L10ez seers’ TOOT E) TABI MA OMoper 7 someieeeay ae tAquosuog SBlOY T, ween sospug SBVULOYLT, UVITTT AA sertaqdueg Loloy_ sepreyg eeeene cavers Wg sopIvyg Arueyy eect aaa “"194G0IO YIOE—ESs1 * 6A Lieut Sargent, be fetes ec yt R. Woosnam. With the sanction of Capt. \ yr: p Sir Thomas Herbert, K.c.B. f * look ae: . The Land Officer, Captain Mylius, was to attend the Com- mittee fur the purpose of giving effect to its proceedings -by’ laying down the necessary land marks, boundaries, foads, 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 ommittee’s proceedings. 13 14 HISTORY OF THE LAWS, ETC., OF HONGKONG. the extent of ground to be preserved for the naval depot, 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 ranning 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 :-— ws GOVERNMENT NOTIFICATION. pe ““ With a view to the prevention of future misunderstanding and difficulties, His Excellency Sir Henry Pottinger, Bart., is pleased to direct that 10 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.” ee By Order, « (Signed) Geo. F. Mytivs, ; ‘ Land Officer. _Land Office, Hongkong, 2ud 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 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 Aaministra- in the Colony now began to engage the attention of the author- font 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 Coims 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 was received at this time by the Government. Several So were of judicial interest, but were not applicable to Hongkong, which, as yet, possessed no legislature of its own. 2 Secret ‘societies, numerously supported, were reported as secret established in Hongkong and possessing much influence. nee A treaty of peace and friendship with China having been treaty ot concluded and signed on the 26th August, 1841, Her Majesty's Pein. Plenipotentiary, Sir Henry Pottinger, while on board the steam with China, frigate Queen in the Yangtze Kiang River, off Nanking, on youoong the same date, issued a circular to British subjects in China, ceded in which recited the most important provisions of the treaty, the Pepe fourth paragraph of which declared “ the island of Hongkong ceded in perpetuity to Her Britannic Majesty, her heirs and successors.” 5 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. yome 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 Local . opinion. Edward Farncomb, Coroner. HISTORY OF THE LAWS, ETC., OF HONGKONG. garrison assembled in Phenix Park and hailed the welcome news by firing a feu-deyoie. 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. 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. On the 8rd September, 1842, Mr. Edward Farncomb received 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, j Of London, begs most respectfully to announce to his friends, and the public in general, that he has opened 4 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 “ie Hight, and at whom the latte: had fired a random shot. The jury returned a verdict that ‘the ey raed 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 tint > he imabil fit hort Hongkong, plaints were rife as to the inability of the authorities to cope 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, Ist 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 Sir Henry Pottinger, K.0.B, Queen’s Order in Council re- moving from Canton to Hongkong, the Criminal and Admir- alty Courts. 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. The forms and ceremonies, attendant upon the investiture of 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 of the 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. : By proclamation of the 1st June, 1845, an Order passed at a Privy Council held at Windsor on the 4th J anuary, 1843, directing the removal to Hongkong of the Criminal and Admiralty Courts heretofore held at Canton under Order ‘in 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 hoth 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. : 13 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 : Oe eee And whereas it is expedient that the said Court of Justice should hence- forth be holden in the island of Hongkong > ee 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 Ft... Officer in Hongkong. The records do not show that he had Oftcer. previously held the same position in the former place or when . he arrived in the Colony. Public opinion had now begun to assert itselfas to the neces- Agitation for sity for a revision of the law as then administered. It was reforms in. considered ill-judged and impolitic that the Chinese residents tration of — should be amenable to their own laws and usages ; that though ™* the large bulk of the population was Chinese and mostly of the worse class, still the British laws were admirably suited to their necéssities 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 The Charter of Hongkong. HISTORY OF THE LAWS, ETC., OF HONGKONG. made to encourage the adoption of owr 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 public had not long to wait to see the accomplishment 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- Sir Henry Pottinger, Governor. “The Colony of Hong- kong.” “ The City of Victoria,” kong a separate Colony with established Courts and full legislative powers, and a Commission appointing Sir Henry 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. By proclamation dated the 26th June, 1843, Sir Henry Pottinger was 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, ete., etc., shall be hence-: Jorward dated Victoria.” Until this time the town proper: had INTRODUCTION, 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., ete. 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 Exeellency Sir Henry Pottinger, Bart., c.c.B., ete., 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 Porrincer. 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 erect 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 21 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 aad observe all such rules and regulations, as shall be given and prescribed ix 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 dnd 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 Sighet 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 Qur 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 béing, to:constitute and appoint Judges, and, in cases requisite, Commissioners of Oyer and Terminer, Justices gf. 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 sueh 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 Wedo hereby give.and grant unto the Governor of Our said Colony of Hong- kong for the time being, full power and authority, as ha 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 fitz, And We do 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. 238 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 sueh euspension, 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 bein shall be, and the same are, hereby vested in such person as may be snpotitel 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-Goyernor 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 : Inwitness 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 Appoint- ments con- sequent upon grant of Charter. HISTORY OF THE LAWS, ETC., OF HONGKONG. With regard to new appointments in Hongkong consequent upon the grant of Charter, it was felt that something should be done as soon as possible to atone for past neglect by placing 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.z., 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.w., 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, 1848, 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 (infrd. Ch. viii.)—See also Lord Grey's reply (to a memorial on local grievances) in October, 1849, (infra, Ch. xi.); Proclamation of Sir John Bowring to the Chinese in October, 1855, (infra, Ch. xvi.); Government Notification of 10th July, 1857, regarding illegal combinations respecting tradesmen or mechanics (infra, 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 Harl of Elgin in taking over Kowloon (infra, 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. 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 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 Victoria, Queen of the United Kingdom of Great Britain and Ireland, ete., 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 Lil 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 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, ee a notification appointing Lieutenant Thomas Wade, of er Majesty’s 98th Regiment, who had been reported qualified for the duty, and who, as will be seen hereafter, played such an 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- stables who only numbered 28, was the subject of much criticism, disappointment being also expressed at some of the more respect- 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 25 Justices of the Peace, Lieut. Thomas Wade, | Chinese Interpreter. Revocation of Commis- sions of the Peace, 26 Land, 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.” 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 Jand 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. 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., ete., etc., is pleased to notify as follows :— \st.—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 islaud of Hongkong were to depend solely upon the pleasure and commands of Her Majesty’s Government, aud the information called for in this notification is required before such terms and tenure can be announced to the public. By Order (Signed) Ricnuarp Woosnam.” Hongkong, Government House, 10th April, 1848. » 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 Act 6 and 7 Vict., Cap. 80, HISTORY OF THE LAWS, EIC., 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 bona 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, eic., 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 classesto 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 preseribe : “ 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 Governer, and Commander-in-Chief of Hongkong. Ricuarp Woosnam, Officiating Deputy Colonial Secretary.” Government House, Victoria, Hongkong. August 21, 1843. On the 22nd August, 1843, the Act 6 and 7 Viet., 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. 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 eontrary. to preceding Orders of Her Majesty’s Privy Council. Mr. J. R. Morrison, the able Chinese Secretary to the Super- intendent of Trade, and officiating Colonial Secretary of Hong- 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 ‘I'reasurer 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 the previous year. The number of nightly burglaries and 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 Foree, was considered an absurdity. The decision of the Home Government as to the Force was not-yet known—though apparent- ly the 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 peried that a correspondent of the local paper, signing himself “ An Qld 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 Chief and Assistant Magistrates had equally been victims. The Chief Magistrate, with the co-operation of the Death of Mr. J.B. Morrison, Crime in 1843, 30 Curious Sentences. Early history of the Gaol. 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. = 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 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 Kuropean, 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. 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 £82 prisoners, of whom 4380 are Chinese, 25 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 brond. Each prisoner has usually, if not always, had a separate cell, which is clean, well lighted aud ventilated ; and each person is; provided daily with a pound of beef and a loaf of bread. On the 22nd of May, 1848, two Europeans were sentenced, by Court-martial, to be transported for life. The crimes of the scamen are, for the most part, disobedience to orders and disorderly conduct. ‘ INTRODUCTION. 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, ete. 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 bels; 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 punishmeuts 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 condueted from tbe 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, soon 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. 31 eo ~ bo Arrival of Major- General D' Aguilar, C.B. Conclusion, 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. ‘I'wo or three only died of fever. The total amount of sickness has been very small. Most of the sufferings have been from ecutaneons 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 afew cases men have gone in sick, and come out well.” | Major-General D’Aguilar, c.B, appointed to command the land forces in China and also Lieutenant-Governor of Hongkong, whose co-operation afterwards with the civil authorities, in 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. 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 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. ©. 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 murdcr.— 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 Volice 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 aad -vindicates himself..—Yhe London Chronicle.—Registration of Chinese.— Public pinion.—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. Tue Legislative Council of Hongkong, constituted under the Charter, assembled for the first time on Thursday, the 11th January, 1844, the Honourable Major-General D’Aguilar and the Honourable Major Caine, the Chief Magistrate, both pre- 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 civil matters, having been approved of by the Governor-in- Council, was published on the 18th January, 1844, for general information. These fees were generally considered exorbitant and calculated to defeat the ends of justice. Much stress was 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 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 Chap. I. First sitting of the Legislative Council. Exorbitant Table of Fees in civil matters in Chief Magistrate’s Court, An Indian view. 34 Chap. [. 1844, Taxes on justice. Increase of ublic | usiness, Mr. C. B. Hillier, Recording Officer to Criminal and Admiralty Court. Macao—its tenure by the Portuguese. Consular Ordinance No.1 of 1844, HISTORY OF TIE LAWS, ETC., OF HONGKONG. - the Imperial Government. In an action to recover $250, the 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,’’—cither of which courses was thought impolitic. There isno maxim in 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 of the measures, it was alleved, of the legislative wisdom of the “military lawgivers,” the legislature being composed then mostly of military men. Public business had now become so pressing that the Gov- ernor intimated he could not devote more than one day in the week in the future for the reception of visitors. On the 19th February, 1844, Mr. C. B. Hillier, the Assist- ant Magistrate, received the appointment of “ Recording Officer to the Criminal and Admiralty Court, at Hongkong,” pre- sumably in succession to Mr. Alexander Scott, who had died 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.” The first Ordinance passed by the Governor-in-Council was the Consular Ordinance numbered No. 1 of 1844 of 24th January, 1844, published for general information on the 26th 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 Wacae was included and deemed to be “ within the Donsinions of the En:peror of China for the purpose of this and 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 wasalleged 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- nance No. 1 of 1881 (14th Mipch: 1881), provision is made for the surrender of fugitive criminals fleeing to this Colony from Macao to the latter Government. _Qn the 28th February, the local Ordinance, No. 1 of 1844, relating to, slavery, was passed. That slavery in its worst forms existed in the Colony was an undeniable fact, and it told 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 Portugnege 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 té the testimony of Sir John Davis, as contained in his work on “he Chinese,” he showed ‘that the Portuguese were at Macao by mere sulferance of the Chinese, that they paid an annual ground rent, that their forts were inspected by Chinese officers, that the Chinese levied dutics on the Portuguese shipping, that a mandarin yesided in the town and governed it in the name of the Emperor of China, that the Portuguese were not allowed td build new churches or houses without licence, and that the Chinese population were entirely urider the control of the.mandarins. Sir John Davis added “ nothing, therefore, cin se further from the truth that the Portuguese ‘possess thelibrereignty 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. MeSwyney, Chapter xi. infra.; Chap. I. 1844, Ordinance No. 1 of 1881. Slavery— _ Ordinance No. 1 of 1844, disallowed. 36 Chap. I. 1844, Imperial Statutes on slavery. Land. HISTORY OF THE LAWS, ETC., OF HONGKONG. Not the least commendable part of the Ordinance was that which declared that the emancipated slave who was unable to earn a livelihood was to be supported by the Colony until he was put ina way to support himself; in the case of females particularly, the propriety of this was obvious. But the Ordinance was subsequently disallowed by Her Majesty, as it was considered that the Imperial Statutes for the abolition of slavery extended by their own proper force and authority to Hongkong. 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. 3 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 73 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, a system of classification of lots (other than marine) for rental as follows :— . At the rate of No. of Classes. per acre per annum. 8 dy 1 160. 0. O 2 120. 0. O 3 100. 0. O 4 80. 0. 0 d 60. 0. 0 6 40. 0. 0 7 20. 0. 0 8 12. 0. 0 a) 6. 0. O 10 3. 0. O 11 2. 0. 0 os 12 J. 0. 0 13 10. 0 On the 28th February, 1844, Ordinance No. 3 of 1844 was passed for the registration by the Land Officer, in the Land 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 March, 1844, at ten o’clock in the forenoon. The Court was held in a temporary building near Government House. The Governor Sir Henry Pottinger, and the Lieutenant-Governor 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 inasa Grand Jury, Mr. Patrick Stewart being chosen foreman. His Excellency Sir Henry Pottinger then read the following address to the Grand Jury :— “Gentlemen of the Grand 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 en 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 oe = Chap. I. 1844. 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. 38 Chap. J. 1844. Present- ments by Jury. True bills for murder. Public opinion of the Criminal Court, Dissatisfac- tion at non- opening of Supreme Court under the Charter. HISTORY OF THE LAWS, ETC., OF HONGKONG. serious charge, of manslaughter. Should you find any point of difficulty, 1 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 T can obtain. J 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.” Immediately thereafter, Mr. Hillier presented the Jury with an 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 room, and the Court proceeded to swear in petty jurymen. A true bill was found against the seaman for wilful murder. A true bill was also found against a marine artilleryman of H. M. &. 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 addressed the Jury and thus closed the first session of a Court ever held in China for trial by Jury. ‘The holding of a Criminal Court in Hongkong, though in itself a novelty, and giving some satisfaction to the inhabi- 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 or before the Criminal Court would be opened, the long expected and anxiously looked for Judge under the Charter would have arrived and thus put an end tea state of things which was deemed, 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 cascs of felony, being abolished by the 6 and. 7 Will. IV.,c. 114.” Note to ‘Kyshe's Law relating to the Attorney-Gencral and Solicitor-General of England,’ p. 69, THE CRIMINAL COURT. » complete failure. Sentence of death had been passed upon the Manila seaman who neither understood the proceedings of the 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 afree 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 of the 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 tases, frequently involving points of law, were left entirely to the judgment of the Chief Magistrate, rightly styled a “military magistrate.” It was stated that rather than submit to a decision which was only legal by chance, the majority of the inhabitants had preferred foregoing their claims’ than incur “the ccrtain expense and wneertain 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.x.,—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- 39 Chap. I. 1844, Dissatisfae- tion at civil cases being determined by the Chief Magistrate. 40) Chap. I. 1844, Sir-H. Pot- tinger en- deavours to appease public mind. Ordinance No. 6 of 1844. Complaints as to Hxecu- tive and Legislative Councils. Crime and Police ineffi- ciency. The Chief Magistrate as Head of the Police HISTORY OF THE LAWS, FEYTC., OF HONGKONG. cording to the judgment which God had been pleased to grant 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.’ With a view to appeasing the public mind, as far as he could, Sir Henry Pottinger, on the 20th March, 1844, passed Ordi- nance No. 6 of 1844, which enabled him to refer all civil actions or suits to arbitration, but which Ordinance was to cease to be 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 of the irresponsibility of the Executive, the imprac- ticability of the redress of grievance, and the utter inapplicability 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. The incursion of thieves and the frequent daring robberies, many going undetected and unpunished, by armed gangs, con- tinued to cause alarm, especially among those of the 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 Magistrate had enough work on his hands during the day in his judicial capacity without adding that of a watchman at night to his labours, as he-had recently been doing. Many of the and Trisons. thieves were believed to come from the opposite shore of Kow- Joon, and it was suggested that the military and naval authorities CRIME AND POLICE INEFFICIENCY, might be asked to afford some protection to the inhabitants. It was not desired to exaggerate the dangerous condition of affairs, 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 Madras Native Infantry, with the sanction of Major-General D’ Aguilar, as Superintendent of Police, on the 22nd February, 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 of the 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 Ist March, succeeded by Captain Bruce of the 18th Royal Irish Regiment... During the few days Captain 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 outlaws that had from time to time come from the mainland 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 earried. 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. 41 Chap. 1. 1844. Capt. Haly, First Super- intendent of Police. Capt. Bruce succeeds Capt. Haly. Regulation of boats and junks. 42. Chap. Ie 1844, Suspicious character of native watchmen, Notice to house- holders, HISTORY OF THE LAWS, ETC., OF HONGKONG. As a measure of police precaution, in consequence of native watchmen in private employ being suspected of being in league with. robbers, the following notice issued by the Chief Magis- trate was circulated among’ the European inhabitants :— NOTICE. Chief Magistrate's Office, Victoria, Hongkong, 9th March, 1844, Householders and all.persons having hired watchmen for protecting their housés are hereby informed that the Reverend Charles Gutzlaff, Assistant to the Chief Magistrate in the Chinese Départment, 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 Precursor of registration of Chinese inhabitants. Maj.-Gen. D’ Aguilar and military volunteers as - an addition to Police Force, watchmen who are not able to give a sufficient security for their,good: con- duct. It is clearly to be understood that Mr. Gutzlaff ig by no means réspoti- sible, and that it is perfectly optional with parties to profit by this offer, (Signed) W. Cainez, ee 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. This, no doubt, was meant as the precursor of a system of registration to be gradually introduced, for by a notification 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 commander, Major-General D’Aguilar, who had consented to the Police Force being augmented by volunteers from the 58th Regiment, and to whom the residents were grateful for the measures he had: taken to avert the nightly irruption of banditti in Hongkong, daring robberies had considerably decrehsed,.and SUPPLEMENTARY TREATY WITH CHINA. 43 it was hoped that the system of registration would now he ex- Chap. L. 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 > 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- ‘92nd May, 1840, under the ‘Act 6 Geo. IV., c. 69, relative to oe in Cou ‘transportation. This proclamation was repeated by Governor May, 1840. Davis on the 22nd June, 1844, ‘but rescinded by proclamation #7" ° 5” of the 26th ‘February, 1845, in consequence of instructions from the Home Government that no provision had been made in the above ‘Colony for the reception of convicts. The appointment.of Mr. mr. p.1 Paul Ivy Sterling, Barrister-at-Law, as Her Majesty’s Attorney- ROvne ‘General for Hongkong, was currently reported in the Colony, ney-Gencral in April, 1844, but nothing had yet been ‘heard about the Chief t,2Gehe = 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’ Oniae Queen's, Or- of the Queen-in-Council, dated the.17th April, 1844, this Colony cil of 17th “was appointed as the place wherein crimes and offences com- ee amitted by British subjects in China were to be tried, and the ase of trial Chief Justice was empowered to proceed thither similarly to for British ay offences. This‘Order was re-published in the Colony in China. “May, 1847. : ; Much hostile comment on_a supplementary treaty with Supplemen- ‘China entered into by Sir Henry Pottinger, Her Majesty's with China. ‘Plenipotentiary, on the 8th October, 1843, but: only published Hostile com- locally after -ratification, now excited public attention. It ‘was said ‘locally that the Governor ‘had “signed and sealed a eompact 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., infra. 44 Chap. I. 1844, Home and French criticisms. Sir Henry Pottinger vindicates himself, The London Chronicle, Registration of Chinese. Public opinion. HISTORY OF THE LAWS, ETC., OF HONGKONG. times in the course of from a month to six weeks, and. thereby 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 tonnage employed in the coasting trade. Criticisms upon the 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 trickery—supercherie. Sir Henry Pottinger afterwards, at a dinner given him by the merchants of London on the 11th 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 round the neck of the Colony.” The London Chronicle, speaking on this subject afterwards, said :— “Tt was the French papers which spread the report that the Chinese treaty was by no means ag 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.” In regard to the registration system sought to be introduced and hereinbefore noticed, on the 24th April, 1844, there ap- 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. ‘to be registered. This was regarded as an impudent attempt ‘to deceive the people, for to have completed the “registration of 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 a registry of the inhabitants, of which more anon. It was now known that Sir Henry Pottinger would be soon relinquishing his duties as Governor and Her Majesty’s Pleni- potentiary in China. He had been continuously on active service since his first arrival in the Colony in August, 1841, and had expressed a wish to be relieved of his duties, and which could not, considering his services, be reasonably refused him. Rumour spoke of the appointment of Mr. John Francis Davis, of the East India Company’s service and formerly one of the Superintendents of British Trade in India, as his successor. As the records afterwards show, the report proved correct, and also the 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 eee the work of peace which had been so happily accomplished and for placing the relations between the two countries on a sound footing, justly 45 Chap. I. 1844, 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. 46 Chap. I. 1844, HISTORY .OF THE ‘LAWS, IFC., OF HONGKONG. entitled him to the highest commendation ; and-that:the duties 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 tothe 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, k.x.— 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 Uhuck-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 Cochratici—-Arrival’home of Admiral Parker.—Sir H. Pottinger's career. in.China.—His difficultics 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 Govertior-in-Council as to Sutiday 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.~:Tdble of fees in Police Magistrate’s oftice.— Crime and Hghting of the town: Ordinance No. 5 of 1844:--Mr. H. CG: Sirr—-Mr, B. Robertson.—Mr. R. B. Jackson.-- Piracy.—Arrival of Mr. Sterling, the Attorney-General.—State of judicial affairs at this period.~-Mr. Sterlidg'gazetted! a member of the Executive Couricil.—Tenders for buildings at Chuck-chu and for Police Stations —Chinese watchmen and bamboo-striking.--Chinese eustom.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 iristru- mental in ed ee a hia ee a No. 17 of 1844.—Governor Davis inspects northern ports. ‘ajor-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 from Bombay, having on board a- large number of the long ex- pected and anxiously looked for important officials for the Government of Hongkong, among these being His Excellency John Francis Davis previously mentioned, Governor and Her 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, Colonial Secretary,* the Honourable John Walter Hulme, Esquire, Chief Justice, and Mr. Robert Dundas Cay, Registrar of the Supreme Court. Farly in the morning, the next day, Wednescay, the 8th, Mr. Davis landed, being received with the 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 ‘ * We was also a barrister, and a brother of the Earl of Elgin, Governor-General of Canada. Chap. II. Arrival of Governor Davis and Chief Justice Hulme. The Hon. F. W. A. Bruce, Colonial Secretary. Mr. R, D. Cay, Regis- trar.. 48 HISTORY OF THE LAWS, ETC., OF HONGKONG. Chap. 1. Brevet-Major Wm. Caine, heretofore known as Chief Ma- 134. gistrate, had been appointed as “ Police Magistrate, Sheriff, and Major Caine. Provost-Marshal,” and Lieutenant Wm. Pedder, r.n,, heretofore . 7 RN, Harbour- Master and Marine Magistrate, as ‘‘ Harbour- Master.” aoe e Mr. Davis, the Governor, had previously held the office of Su- 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 Hast 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 of the Chinese, their language, manners, and customs, as well as from his experience of commercial affairs, particularly those of the Hast, 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: Cree vt tice tO preside over the judiciary of Hongkong resulted from his Hulme. well-earned reputation of being a sound lawyer.* Rumour had oad of it that now that the Chief Justice and the Registrar had arrived, Pree upon the arrival of the Attorney-General, not long due. the 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 The four Commissions of Mr. Davis, the first giving him fall co 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 appointinent. Ere The ‘number of daring robberies and other serious crimes magistraey committed at Chuck-chu (called Stanley in March, 1845), and . ™ Mr, Jolin 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 of Exchange” which ran into several editions, the last edition appearing in 1840 ; and wasalso joint author with Mr. Chitty of “4 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. its vicinity, the resort of the criminal classes, induced the Govern- ment to establish a magistracy there in May, 1844, Mr. Hillier, the Assistant Magistrate, who in February last had been gazetted as Recording’ Officer to the Criminal and Admiralty Court, receiving the appointment. From his past experience he was 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 Justice, Mr. J. W. Hulme, as a member of the Legislative Council. Sir Henry Pottinger, the late Governor, embarked on board H.M.S. Driver, at midnight, on Tuesday, the 18th June, 1844, 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- -tive Council and Legal Adviser to the Government. Owing to some misunderstanding between Sir Henry Pottinger and Rear-Admiral Sir Thomas Cochrane, who had succeeded Rear- Admiral Sir Wm. Parker, as Commander of the Naval Forces, in China, the Driver did not sail till late on Thursday evening. It would appear that the Admiral had granted a passage in the gun-room to a Spanish officer from Manila, who was the bearer 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 humerous 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., c.c.z., the late Commander of the Naval Forces, had at this time reached Home where a grand entertainment was given him by the Royal 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, 49 Chap. I. 1844, at Chuck- chu, with Mr. Hillier as Assistant Magistrate, Chief Justice Hulme appointed a member of the Legisla- tive Council, Departure of Sir H, Pot- tinger. Mr. Burgass accompanies Sir H. Pot- tinger. Delay in departure of Sir H. Pot- tinger, owing to misunder- standing with Admiral Cochrane. Arrival Home of Admiral Parker, - 50 Chap. IT. 1844. Sir H. Pot- tinger’s career in China. His difficul- ties in first settling Hongkong. His legislation. His arrival in England. HISTORY OF THE LAWS, ETC., OF HONGKONG. In regard to Sir Henry. Pottinger’s career in China, it is impossible not to do justice to. the great ability exhibited by him at a most difficult and important crisis, and to the great moderation he displayed in the hour of victory. His extraor- dinary zeal and industry in the establishment of the Colony,. and the settlement of our commercial relations with the Chinese, will ever redound to his credit. With regard to Hongkong itself, he had to contend with endless difficulties. He had 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 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 2 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, vid Egypt, in the afternoon of the 27th August, 1844, embarking under the salutes to which his high rank entitled him. His merits, on 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. personally to find how much the ability he had displayed in his negotiations with China, was appreciated by his countrymen. He was made a member of the Privy Council, awarded a pension of £1,500 a year, and elected a member of some of the city corpora- 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.v., 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, .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 celebrated by a public entertainment by the gentry of the 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 by determining our relations with China, and opening to our trade the markets and. resources of another empire. He had * 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. Manchestér, 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. 51 Chap. IT. 1844, Honours bestowed on him. His return to Ireland. Character of England * raised by Sir H. Pottinger. 52 Chap. IT. 1844. England’s policy in China. Universal commerce, Magnani- mity of England un- paralleled in the annals of nations. HISTORY OF THE LAWS, ETC., OF HONGKONG, raised the character of England by the liberal views which had 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 had showed that England had no ulterior views of her own, no sordid schemes of violent usurpation, no mean desire of expel- ling other nations from the equal benefits of universal com- merce throughout the world, as indeed has ever been her policy, She did not fight for herself alone, but with a magnanimity almost, if not quite, unparalleled in the annals of nations, she consecrated the first fruits of her conquest as an offering to 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 fo1 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, Lieut. 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 Maléolm) 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 ........-.0+s 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 Lient. 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 hetween 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- WEN... ..scecccverescesereeves In August, 1841, he arrived in the Canton waters, and commenced his proceedings, DESECRATION OF THE DAY OF REST. The desecration of the day of rest being practically the order of the day in Hongkong at this period, even in the Gov- ernment Departments, notwithstanding the laws in force upon the subject, the Governor-in-Council directed that the following order should be published for general information, His Excellency adding that he expected that the course therein indicated by the Government would in future be followed, and the Sunday observed with due respect by the Christian population through- out the Colony :— Government House, Hongkong, 28th June, 1844. Sir, I am direeted by His Excellency the Governor-in-Council to inform you, that, with a view to a better observance of Sunday throughout the Colony, he 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., Freperick W. A. Bruce, Colonial Secretary. Cuartes St. G. Cinverty, 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- trate, whose experience upon the subject was worthy of consideration, the Governor addressed a circular to the principal European firms in the Colony, requesting their advice and 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 will be seen, the question of the lighting of the town, which 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 hig 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 ......0. . In September, 1846, Sir Henry Pottinger was appointed Governor of the Cape of Goed Hope,and in 1847 to the Governorehip 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. 33 Chap. II. 1844, . Desecration of day of rest in Hongkong. Order of Governor-in- Council as to Sunday ob- servance. Governor's circular to European firms regard- ing night Police, Lighting of the town, The residents consulted, 54 Chap. II. 1844, Indian night Police raised, HISTORY OF THE LAWS, ETC., OF HONGKONG. still remained unlit at night, and the possibility of doing away 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 ete., etc., (Signed) Freperick 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 elective members of Legislative Council. As a result of the: démarches upon this subject, early in September, 1844, a corps THE INDIAN NIGHT POLICE. of twenty-five natives of India was raised, and placed under the control of a vigilant officer.. These men, armed with pistols 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 undoubtedl|y there exists no mutual sympathy between the Indian and the Chinaman,—the reverse probably,—which would thus render the risk of connivance at any time extre- mely improbable and therefore the security to the public greater. On the 16th July, 1844, a table of fees to be taken in the Police Magistrate’s office, having been approved by the Gover- nor-in-Council, was published for general information. This, 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 effectual means both of preventing and detecting crime consisted in having the streets well lighted, on the 18th July, called upon 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 29th May, together with Messrs. B. Robertson* and R. B. Jackson as vice-consuls for China, and all three Barristers-at-Law, now threw up his appointment and started practising in Hongkong. Here he remained, however, a short time, proceeding after- wards to Ceylon.f The records at this time disclose several daring cases of 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 Corisul-General at Shanghai. He was made a C.B. in‘1865 and knighted in 1872, — a >. + 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, " 55 Chap. II, 1844, No mutual sympathy between the Indian and the China- man. Table of fees in Police Magistrate's office, Crime and and lightiug of the town, Ordinance No, 6 of 1844, Mr. H.C. Sirr. Mr. B. Robertson, Mr. R. B. Jackson, Piracy, 56 Chap. I. 1844, Arrival of Mr. Sterling, the Attorney- General, State of judicial affairs at this period. Mr. Sterling gazetted a member of the Execu- tive Council. Tenders for buildings at'Chuck-chu and for Police Stations, Chinese watchmen and bamboo- striking. Chinese custom of bamboo- striking. HISTORY OF THE LAWS, ETC., OF HONGKONG. will not intimidate the vicious, but the principles of suspension, 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. Mr. Paul Ivy Sterling, the Attorney-General, whose appoint- ment was rumoured in April last, arrived with his family in the Surge, from London, on the 28th July, 1844.* He held also the appointment of Legal Adviser to the Superintendency of Trade, his emoluments being £1,500 a year, with private prac- tice. The Judicial Department was now fully constituted, and it was hoped that the Court would be opened with as little 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 of which, as may be readily imagined, considerable inconvenience had been experienced. Shortly after his arrival, Mr. Sterling was gazetted a member of the Executive Council. Asa result of the activity shown by the authorities at this time in regard to the proper settlement of the island, it is not out of place to mention the calling of tenders on the 12th 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. - Much dissatisfaction was caused at this time by a Govern- ment notification that watchmen were no longer to be allowed 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) Freperick W. A. Bruce, Colonial Secretary, - Victoria, Hongkong, 22nd August, 1844,” It would appear that from an early period of the Colony, owing to the insecurity of property at the inefficiency of the police, it had been found necessary by the principal ‘inhabit- * Graduated at Trinity College, Dublin; entered King's Inn, Dublin, and Gray's In London; called to the Irjsh Bar, Michaelmas Term, 1829, Se eee PRIVATE WATCHMEN AND BAMBOO-STRIKING. ants to employ private watchmen. These watchmen, by a custom which was said to be universal in China, in going 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 entting 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 could 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 hamboos—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- tion of the order, it is recorded that in one case a gentleman delinquent, ‘“‘after having his premises invaded by a policeman who deprived the watchman of his bamboo,” was fined five dollars by the Chief Magistrate. For many a long day the “ bewailments ” of the Hongkong people continued regarding the stopping of this “ bamboo-beating” at night, and much amusing correspondence appeared in the papers of the day upon the subject, but the authorities were obdurate and de- termined to put a stop to what after all now-a-days can only 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 question was founded was section 1 of Ordinance 5 of 1844, which 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 incredsing 57 Chap. IT. 1844, Fine imposed by Chief Magistrate for contra- vening the order against bamboo- striking. Bewailings of Hongkong people in consequence of stoppage of bamboo- striking, Ordinance No. 5 of 1844, s. 1. 58 HISTORY OF THE LAWS, ETC., OF HUNGKONG. Chap. 1. the vigilance of the night police by granting military aid, apart ist4. probably from his own experience of these private watchmen, Leelee who in themselves had caused no inconsiderable trouble to the DAguilar authorities, had concluded that the sooner they and their bamboos instrumental were got rid of the better for every one, including himself, and ‘aaiiene this he finally effected by passing, while Governor “for the Se, time being,” Ordinance No. 17 of 1844, ‘‘for better securing the No.170of peace and quiet of the inhabitants of the town of Victoria and uae its vicinity during the night time,” the preamble fully. expiain- ing its purport and that “the said nuisance should be sup- pressed,” Governor The Governor, Mr. Davis, was now in China, having left by impacts the Agincourt with Rear-Admiral Sir Thomas Cochrane, Com- northern — ander of the Naval Forces in China, on the 28th Augast, on a ae visit of inspection to the northern ports, and Major-General General D’Aguilar, the General Commanding and Lieutenant-Governor pages of Hongkong, had assumed the administration of the Govern- Government ment pending the Governor’s return. pro tem. « Heusge! Complaints were now heard again and indignation expressed, compiaints at the non-opening of the Supreme Court, though both the Chief eo ; Justice and Attorney-General had been in the Colony for some 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” (sie). 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 NOXN-OPENING OF THE SUPREME COURT. and that it was an easier and a more pleasant task to make laws than to dispense them. Many reasons were assigned for the delay. One reason, it was thought was that Mr. Hulme had left “his law (library)” at the Cape, hearing it would inconvenience him in Hongkong. Another was that enervated by the climate, the arduous duties of the Council, and the diffi- 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 himself to 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.’ The following skit upon the state of affairs consequent upon the non-opening of the Supreme Court appeared at the time under the signature of a humorous writer—‘* A Modern Confa- clus”? :— * ” ae n 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 presenee 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, “ But, like a comet, he was wondered at, “Men would tell their neighbours, ¢had is he; “Others would say, where ? has he the Statute Book 7 ” 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 searcely 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 atany risk. But wisdom “s ©’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 freemnn’s snoose,” 59 Chap. IT, 1844. Chief Justice Hulme abused in consequence, Skit upon state of affairs, 60 Chap. II. 1844, Result of scandalous delay in opening Supreme Court. Ordinance No.6 of 1844, Ordinance No. 16 of 1844, Ordinance No. 6 of 1845. HISTORY OF THE LAWS, ETC., OF HONGKONG. It was a matter for regret that during all this time the authorities had not taken steps of some sort to remedy a state of affairs which now-a-days would be considered scandalous, or, at all events, to let the people know why the Supreme Court had not been and could not be opened. In the first place this, so 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, the Consular Ordinance No. 6 of 1844,*‘ authorizing the execution 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- nance No. 15 of 1844, (dated 21st August, 1844,) in a Govern- ment Gazette Extraordinary of 21st September, 1844, “to establish a Supreme Court of Judicature at Hongkong” 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 Jess than 137 sections. By section 1 of the Ordinance, “the Court at Hongkong with criminal and ad- airalty 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 force, and in August, 1843, it was repealed by Ordinance No. 6 of 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, ip. IL as was also the clause yranting to the Court vice-admiralty 1841, jurisdiction and power to punish Chinese according to the laws of China. Tn 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 of 1846. : = No. 2 of 1846. CHAPTER III. 1844-1846. SECTION I, L844. Opening of the Supreme Court.—Admissions to practice.—Attorneys’ oaths.—Ordinanee 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 aflidavits.— Death of Chief Justice's daughter ;—the Court adjourns.—Indisposition of Chief Justice.—The Registration Ordinance No. 16 of 1844, Public opposition —Ordinance included Enropeans.— 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.—Commnittee 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 affaira, 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, 1].--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 Kxpenditure.—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 McDonald.—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 officers by other than a soldier, dis- allowed.—Lieutenant Pedder, Harbour-Master and Marine Magistrate, takes leave.— Changes in consequence.—Mr. 8, Fearon.—Mr. A. Lena.—Levée by the Queen. Distin- guished officials from China presented.—‘ Chuck-chu’ and ‘Shuckpai-wan’ called ‘Stan- Jey’ and ‘ Aberdeen’.—Capture of pirates by Mr. Lena.—Serious attack upon Chinese ANALYSIS OF SECTIONS. 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 Chicf 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 Br, 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. IF. Smith succeeds Mr. McSwyney.—Free pardon to prisoners on Qucen’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, ¢. Macvicar and Co.—June Criminal Sessions._-Conviction of Private MeHugh for causing death of a comrade,--Henry Daniel Sinelair transported for life for piracy — Chun Afoon sentenced toe death fora murderous attack at Mast 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 und houses for maintenance of Police Force.—Ordinance No. 2 of 1845.— The opinion of the Law Officers of the Crown.—Landlord and tenant.—Publiec dissatisfaction.— Constitution of Legislature attackcd.—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.8. Fearon, Registrar-General goesonleave. 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 tricd by Lieutenant Armstrong. Mr. Welch fined for ‘threatening’ Sergeant Atkins.—Public comments ou 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. Zhe Rombay Gentleman's Gazctte—Early History of Hongkong.—Lawless population.— Mr. Holdforth, Coroner.—Death of Mr. Leggett.—Chinese Agents violate sovereignty of Hongkeng.—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 Casc against Magistrate's decision: Christopher v. Arms- trong.—Ordinance No, 11 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 Police.—Lighting of the streets—Public opinion of European portion of Police Force.—Justices of the Peace.—-Mr. Shelley andits the Registrar's accounts.—Mr, ©. Markwick, Appraiser and Auctioncer 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 latent. 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- 2 G4 Chap. III § I. Opening of the Supreme Court. HISTORY OF. THE LAWS, ETC., OF HONGKONG. man at instance of General D’Aguilar for alleged ‘furions riding.’ General D’Aguilar and public comments.—Subservient Magistracy.—General D’Aguilar considered eccentric.— Frequent murders amongst Chinese.--The gallows no terror.—Ixecution of Ching Afat. His resistance on the scaffold.—Death by hanging regarded as ignominious by Chinese.—Mr. P. GC. McSwyney, Coroner.—Daring piratical attack on the Privateer opium ship.—Conviction of the notorious pirate Chun Tcen Scong.—His indifference on the scaffold.—Confesses_to nine acts of piracy and murder.—Departure of Mr. Bruce, Colonial Secretary.—Changes in consequence.—Mr, f#ruce appointed Lieutcnant.- Governor of Newfoundland.—Arrival of Mr. N. D’Esterre Parker, solicitor.— He advertizes limself.—Action against Captain Coates of the Bomanjee Hormusjee for damages. Influence of Acqui, Opium Farmer.—Plaintifis 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 2. Matthyssons.— Mr. A. W. Elmslie, Secretary to Sir H. Pottinger.—Mr. G. T. Braine——Uhinese oaths.—‘ Kiss’ in Chinese.—Matthyssons’ Divorce Bill read a sccond 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 themsclves up after ill-treatment by Chines¢.— Coroner’s inquest upon body of a Chinese prostitute—Abandonment of inmate of brothel on becoming discascd.--Object in view.— Extraordinary verdict of the Jury in the ease.~-Facts of the case.—Dcath of deceased premeditated.—Curious admonition of Coroner.—The kceper 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 MeSwyney. 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.--Unofticial mem- bers of the Legislative Council desired.—Comments upon the Magistracy.--Honorary Justices.--Comments upon Major Caine as a Magistrate—Comments upon Mr. Hillicr, Assistant Magistrate.-—No legal training.— His previous career.-~Uncharitableremarks.— Cases of partiality and subserviency of the Magistracy—No impartiality.--Crime.— Government rewards.—Sepoys attacked.—Action of the Exceutive in the case of the Portuguese Marcal charged with fraud.—The case of the Portuguese «Assis, Pacheco, and de Mello in collusion with Marcal.—They escape to Hongkong and Canton.—-The' Governor of Macao asks for surrender of d’ Assis and Pacheco.— Mr. Hillier under instructions, without any treaty, 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 Macan.—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 crimein 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'H. Parker, Crown Prosecutor.— Messrs. R. Coley and W, Gaskell in partnership.—Inefticiency of the Magistracy. The Duncan- Jenkins episode. Extraordinary conduct of Mr. Hillier. acting Police Magistrate, and of Mr. McSwyncy, Coroner.—Verdict of manslaughter against Duncan and Jenkins.—Ttbles turned on Mr. McSwyney.—Irregularities at inquest conducted by Mr, McSwyney.—The Chief Justice takes Mr.’ McSwyney to task.—Hesult of official incapacity. Innocent men flogged and imprisoned.—Mr, Hillier before the Chief Justice.—Public opinion of Mr, Hillier—The abuse of the power of flogginz.—A legally qualified Chief Magistrate desired,—November Criminal Sessions. Paltry cases committed. Magistrate censured.— Warrants of commitment sealed but’ not signed.—Chiet Justice's opinton.—Ordinance No. 6 of 1846.—Loose manner in which evidence taken.—Colonial Secretaryship and Auditor- Generalship aimalgamated.—-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. As now constituted, the judiciary was complete, and on Tues- day, the Ist October, 1844, the Supreme Court. was formally opened with the ceremonies and solemnity consistent with such occasions, in the presence of a large ctowd 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. IIT § 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 samissions practice Mr. Edward Farncomb, an English solicitor who had t@ 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 °*s- to. This system lasted until the passing of Ordinance No. 4 Ordinance of 1869, relating to “‘ Promissory Oaths,” on the 24th September, ae a 1869, when by section 13 of that Ordinance the oath of allee | giance was alone substituted for the oaths of allegiance, supremacy, and abjuration. On the 2nd October, the Criminal pis Sessions began punctually at ten o'clock, presided over by the cuiaa! Chief Justice, the Attorney-General prosecuting on behalf of the Conti. 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 minal 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 side, mentions that “the business of the Court was carried on Criminal with that decorum which ever characterises a British Court ae of Justice. There was no opportunity for any display of Cout. 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 Chap. III § I. 1844, Mr. Cay, Registrar, a Commis- sioner for taking affidavits. Death of Chief Justice's daughter; the Court adjourns. Indisposition of Uhief Justice, The Registration Ordinance No. 16 of 1844. Public opposition. Ordinance included Europeans. HISTORY OF THE LAWS, ETC., OF HONGKONG. not to punish guilt by mere vindictive feelings. Now that the laws were in active operation, and a few severe examples were likely to be made, the Chinese would hold them in greater regard than heretofore, and crime would decrease.” By docus ment under his hand, the Chief Justice, on the 5th October, appointed Mr. R. D. Cay, the Registrar, to be a Commissioner for taking affidavits. Shortly after the opening of the Cri- minal Sessions, the Court had to adjourn, the Chief Justice meeting with a severe domestic calamity by the death of his daughter. After adjourning for a week, the Court ‘again ad- journed to a later date owing to the indisposition of Mr. Hulme, On the 21st August, 1844, the Legislature had passed Ordi- nance No. 16 of 1844 ‘for establishing a Registry of the Inhab: itants of the Island of Hongkong and its Dependencies.” As its preamble denoted, it was passed in order to ‘secure tran- quillity and good order in the Colony, and to prevent the resort thereto of abandoned characters. and of persons without any 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 everythin in its power to stamp out crime. But unfortunately, iMough well meant, and aiming principally at the Chinese inhabitants, it was too general in its terms and included every European 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 ofthe 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 Public meeting. 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 .............s,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 descriptive of our appearance, ete.” Accordingly, an indignation 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. 111 § 1. cluding of all Europeans, and the making it compulsory for them to take out a registration ticket, primd 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 1844, 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- tion of the better classes to the enactment led on the Chinese to do likewise, and they very soon began to show their intention of bodily refusing to comply with its terms. On the 31st October, the day before the Ordinance came into operation, 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- dores was. held on the same day and they resolved to leave the island, and on the 1st November, the day on which the Ordinance came into operation, all the shops and the market were closed, people ceasing to bring in provisions. Disturbances oceurred during the day. One party refused to carry down provisions to the barracks or commissariat, and some of the culprits being ar- rested and flogged. On the 28th October, as the result of the méeting alluded to, a Committee was appointed and a memorial 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 duly returned, the Governor deeming the language in which it was termed objectionable. After further correspondence, the Committee petitioned the Legislative Council,—which really meant the Government, for the Council consisted up to this time 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 completely suspended, no boats could be procured for discharg- ing or loading the numerous vessels lying in the harbour, communication with Canton was entirely stopped, and no pro- visions were brought in. The Government, evidently fearing further disturbances, caused the following notification to be published, suspending the operation of the Ordinance, which notification, however, though dated the 31st October, did not appear till the 2nd November :— GOVERNMENT NOTIFICATION. The Government, having with ease suppressed the only seditious riot that Ras occurred with reference to the Registration Ordinance, and secured the ‘offenders, is now ready to atteud to any respectful as well as peaceable representations on the subject of the ‘said Ordinance. Opposition of Kuropeans and. Chinese. Strike of Chinese labourers, Meeting of compra- dores. 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, 68 HISTORY OF THE LAWS, ETC., OF HONGKONG. Chap. III § J. 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, Apotpnus E. SuE.try, Clerk of Councils, Council Chamber, ob aa Deputation Victoria, Hongkong, 31st October, 1844, of Chinese to : : x : Rovennces A deputation of Chinese also presented a petition to the Governor : : declines to Governor on the lst November, relative to the Ordinance, but necelva he declined to receive it until the shops had re-opened and: petition. Governor the people returned to their work. On the 2nd, the Governor declines caused the Committee to be informed that all further communi- ec cations must cease between the Government and themselves tion with =~ owing to their unbecoming persistance in the expression of ommraittee . oo. . . i appointed their opinions in disrespectful language, however veiled: by by public their disavowal of intentional disrespect to himself and Council. sieht A public meeting was held on the same day to consider the public correspondence that had passed between the Committee and the eee fon GOVETBOF-in-Council. A proclamation issued to the public by n 7% ! by Governor the Governor stated that a memorial, presumably the one that he tne Previously mentioned, worded in improper and disrespectful memorial language, had been returned to the memorialists and notice given coors in that memorials or petitions properly and respectfully worded improper. | would be received by the Governor and full consideration given vanguage. ~~ tothem. In consequence of a Government Notification, dated the Rormment 9nd November, accusing certain Englishmen of tampering with accusing the Chinese in their movement with respect to the Registration E oli h: * s x . . of tampering Ordinance, opportunity was taken by the European inhabitants with the Chiat once to publicly repudiate “in the strongest terms the L . e . ee . _ opposition | unmerited accusation against the British community.” On the Orditance, Oth 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 agains he 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 5 ao address the Yesort hereto of bad characters in the general belief that a system oe of registration was probably about the best method to’ be Conclusion @™ployed in checking crime, there could be no doubt, and in drawn as = this the Home Government concurred, though agreeing that to th . : . e. > . Ordinance, Probably the present Ordinance was rather too inquisitorial in Dr. Bowring's Character. On the 26th February, 1845, Dr. Bowring moved motionin in the House of Commons for a copy of the correspondence House of ; : Commons. Which had heen received from Hongkong relative to the Ordi- THE REGISTRATION AND CENSUS ORDINANCE, 69 nance and the subsequent withdrawal. thereof, but he was refused Chap. HI § I. a copy, Governor Davis not then having reported his reasons 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 both complimented Governor Davis on his former services in China, .and therefore thought that, in the absence of informa- tion on the subject. Mr. Davis was entitled. to credit. for believing that such a regulation was necessary. Dr. Bowring, in withdrawing his’ motion, intimated his intention to bring it forward on a future occasion. The great mistake the local Government, however, had committed consisted in publishing the Ordinance, the requirements of which were previously quite 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, 1844, the effect of which was “to establish a registry and census of ‘the inhabitants of the island of Hongkong.” Although this Ordinance had the same object in view as the one it repealed, it was less inquisitorial, and, moreover, did away with the obnoxious fee which, as regards the Chinese, was probably the principal reason why they had opposed it. But, as a local paper remarked, not unnaturally perhaps, such hasty legislation wherein the public had had no voice-whatever nor had ever been consulted, to a certain extent “lowered the English character in the estimation of the Chinese. They might on some future 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 1844 continued in force as late as the 31st December, 1846, when Ordinance No. 7 of that year, in effect, the same as its Prolene passed the Deegiilnsive: Council. In Cetober, 1844, the: Government appeared we in earnest to do everything in its power to rid the place of the lawless characters that infested the island. A large number of Chinese had, moreover, come to Hongkong and taken possession of land in different localities for erecting their dwellings and carrying on their business, without any grant or permission. To check this, by a proclamation published on the 21st October, it was 184: 4, Mr. Hope | m = 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: 70 HISTORY OF THE LAWS, ETC., OF HONGKONG. Chap. 111 § Lannounced that the pulling down of the mat-houses and sheds 1844. respecting mat-houses and sheds in the Queen's Road. Triad Secret Society.. and, in some cases, even wooden houses which had been built upon the Queen’s Road and at divers places along the coast of the island, without authority or the payment of any rent, and which there was every reason to believe gave shelter to thieves, 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, io 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. ot ; i * God save the Queen. . (Signed) J. F. Davis, Governor, ete.” Victoria, Hongkong, 2ist October, 1844, The records disclose a raid by the Police on the 31st October, upon a secret association of Triad which had exertised evil . influence over the Chinese in the Colony. A body of Police Transporta- tion. First execution in Hongkong. 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. On the 31st October, Government advertized for a passage to 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), for nine convicts sentenced to transportation thither at the last Criminal Sessions. A native camp follower, who had also then 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 of the 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. “1 its ecclesiastical jurisdiction on the 11th November, but these, Chap. I11 § 1. with subsequent Orders, were disallowed by the Home Govern- ment, intimation to that effect being given on the 26th March, 1847, According to a report by Sergeant James Collins, styled “Head Constable and Jailer,” dated the 15th November, 1844, ten prisoners were transported beyond sea on the 12th of that month. ‘‘ These criminals,” says the report, ‘ were taken from gaol on the morning of the 12th November and put on bvard a vessel lying in the harbour, which soon after got under way and proceeded to sea, destined to New South Wales. They were all supplied with Christian books—bibles and tracts. Their 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 on Crown land, and on the space set apart for streets, by build- 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, ie (Signed) Frepericx W. A. Bruce, ; Colonial Secretary. Victoria, Hongkong, 19th November, 1844, In this year discussions took place with regard to the grant- ing of Crown lands on iease for the short term of 75 years, instead of by grant in perpetuity, and great dissatisfaction was expressed by the lot-holders at the 1erms imposed upon them. The matter was brought before the Secretary of State, 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 perpetuitv, I must observe, that the subject does not admit of any elaim of right. Neither Captain Elliot nor Mr. Johnston were armed with any authority to dispose of the public lands, and it was expressly announced 1844, 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 sale and Crown leases. 72 Chap. III § 1. 1844, HISTORY OF THE LAWS, ETC., OF HONGKONG. by the former officer, under whom the principal sales took place, that they 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 bas pointed ont, 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 J 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 despateh, 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, 9 Registering any assignment, | . mortgage, or other alienation { ” ” 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 caleu- 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. Iam 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, excead five dollars,” IMPROVEMENT OF JUDICIAL AFFAIRS IN 1844. 3 The second Criminal Sessions closed on Saturday, the 21st Chap. III § 1. December. Rated in proportion to the population, the calendar —jg44, was heavy, but when the character of the natives is considered, Second Cri- it was less than might have been expected at this early stage of Hon of the the settlement of the Colony. Supreme urt. The end of 1844 marked ‘a decided improvement in the judic The year 1844. cial affairs of Hongkong. The establishment of a night Police, ™prorement the comparative security from robbery, and the constitution of aitalr, the Supreme Court formed an era in the judicial history of the Gov" 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 conduet. The Census and Registration Office, created by section 1 of Chap. III § II. Ordinance No. 18 of 1844, which, it will be remembered, — 1945, superseded and repealed the obnoxious Ordinance No. 16 of The: Genes the same year, opened on the Ist January, 1845, as directed by iaaea cron: section 2 of the Ordinance, and the Registrar-General, Mr. Ordinance Fearon, was now busily engaged with the arduous duty of is¢s. 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 aaa to pass the Legislature in January, 1845, was that dealing with No.1 of 1845, 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 Ordmance 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 Chap. III § II. 1845, Ordinance No. 12 of 1845. Summary Jurisdiction of the Supreme Court. Probate and administra- tion. Admission of W. H. God- dard and W, Tarrant as attorneys, Ordinance “No. 15 of 1844, s. 10, Ordinance No. 6 of 1845, 3. 11, Auction duty. Ordinance No, 21 of 1844, HISTORY OF THE LAWS, ETC., OF HONGKONG. nance not made applicable to any secret society other’ than the Triad (Ordinance No. 12 of 1845.) Early in 1845, the Registrar, Mr. Cay, duly notified that the Court would sit once a month for the trial of cases under its summary jurisdiction, the first sitting being fixed for the 13th January. From an early time in the year, all applications for probate and administration began to be duly advertized also, 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. The Court on the 13th January, admitted Mr. W. H. Goddard, an English solicitor, and Mr. W. Tarrant, previously in the merchant service, as fit and proper persons to appear and act as attorneys of the Court. Both these gentlemen were, however, appointed temporarily under the powers vested in the Court under section 10 of Ordinance No. 15 of 1844, subsequently disallowed by the Secretary of State, but replaced by Ordinance No. 6 of 1845, which was passed on the 19th August, 1845, 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. At a meeting of Council held at Government House on the 15th January, a resolution was passed remitting on certain sales the auction dutyof 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. 15 It had now become the fashion for professional men generally, Cbap. 111 § 11. and newly established in Hongkong, to advertize themselves,and 1 g45, in reference to Mr. Goddard the following notice appeared one Professional month after his admission :— a “Mr, Goddard, attorney of Her Majesty’s Court of Queen’s Bench in Eng- Honshana 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 F ebruary, 1845,” On the 17th January, the Governor as H. M.’s Plenipoten- Juistiction tiary and Superintendent of British Trade, directed the publica- i. Ms Con tion of a Circular addressed to H. M.’s Consuls in China with *™* reference to and in connexion with the Consular Ordinance No, 7 Ordinance 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 Hxpenditure almost wholly borne by the Home Government, and the follow- > °°"”" ing was the amount voted by Parliament in the Estimates for oe ; 1845-1846, to defray the expenses connected with the Judicial Judicial Department of the island :-— Se 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 year, held on the 15th February, 1845, three Chinamen were nee condemned to death for an aggravated attempt at highway death con- 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 gard to whose appointment and arrival rumour had often Hay, Suner: spoken, arrived in the Colony by the Oriental, on the 28th intendent of February, 1845. This appointment was considered as another two inspec- step in the right direction, and as a proof of the determination of 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—infra, Chap, xxiv. s ; 76 Chap. III § II, 1845. Ordinance No. 12 of 1844, Capt. Bruce relinquishes Police duty. Inspectors Smithers and McGregor, Extraordi- nary conduct of Lieutenant Macdonald towards Major Caine, as Sheriff. HISTORY OF THE: LAWS, ETC., OF HONGKONG. Ordinance regulating the Police Force had been passed. This Ordinance (No. 12 of 1844) provided for the appointment, amongst others, of Superintendents of Police under the imme- 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 Police Establishment. On his assumption of duties, Captain Bruce, of the 18th Royal Irish Regiment, who had been appointed. Superintendent on the Ist 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 ina 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. May as Superintendent of Police, and of Mr. Thomas Smithers and Mr. Hugh McGregor as Inspectors, was duly gazetted on the 18th Mareh, 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.” The records of February, 1845, disclose the extraordinary conduct of Lieutenant Macdonald, of the 98th Regiment, towards Major Caine, in his capacity of Sheriff and in connexion with a writ of the Supreme Court issued against Lieutenant Macdonald and addressed to the Sheriff for execution. 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.II1§ ll. in the fray of the previous night and ultimately took him to the barracks where Robinson alleged he was maltreated by the soldiers. Lieutenant Macdonald stated, in extenuation of his conduct, that he merely tovk 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 es a knew nothing of the alleged assault upon him in the rracks. On an action being instituted against him in the Supreme Court, Lieutenant Macdonald’s plea, to the above effect, was held to be no sufficient justification of his conduct, and the plaintiff obtained $50 damages and costs against him. Lieute- nant Maedonald, 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 won appear that at the establishment of the Supreme Court, the Sheriff, Major 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. Qn 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 clothes, Lieutenant Macdonald knew him to be a soldier, and unfortunately, losing sight altogether of the man’s civil character, ordered a military guard to take him into custody, for what he, Lieutenant Macdonald, deemed disrespectful conduct. ‘The 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 oe day Lieutenant Macdonald wrote an insulting note to the Sheriff, Major Caine, which was understood afterwards to cover an offer to fight Major Caine in a duel. In consequence of this conduct, Lieutenant Macdonald was arraigned betore a Court-Martial, on Thursday, the 27th February, for conduct unbecoming the character of an officer and a gentleman in (1) sending a most insulting note to Major Caine, the Sheriff of the Colony, on the 22nd February, seeking 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 1845. Action against Lieutenant Macdonald, Writ issued against him. Lieutenant Macdonald 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, 78 Chap. III § II. 1845. Captain Jeffery reprimanded. Major- General D'Aguilar’s minute, and on duelling, Rule of Court providing for service. of process on military officers by other than a soldier, disallowed, Lieutenant Pedder, Harbour- Master and Marine. Magistrate, takes leave. Changes in consequence, Mr. 8, Fearon. Mr. A. Lena. Levée by the Queen, Dis- tinguished officials from China presented, HISTORY OF THE LAWS, ETC., OF HONGKONG. animadverted upon for an unwarrantable resistance to the Civil 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 versd, Lieutenant Macdonald’s sentence was commuted to severe reprimand and reduction to the bottom of the list of Lieutenants of his Regiment. For delivering the message to Major Caine, Captain Jeffery of the 98th Regiment was afterwards severely reprimanded by the General. In his minute upon the subject, Major-General D’ Aguilar concludes as follows :— “ The Major-General abhors duclling ; but while he can makegevery 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......... It was, no doubt, in consequence of Lieutenant Macdonald’s case that the Supreme Court passed the Rule of Court of the 1st March, providing for the service and execution of process upon military officers by other than a soldier, but which rule, however, was amongst those disallowed by the Home Govern- ment in March, 1847. It was now announced that Lieutenant Pedder, the Harbour Master and Marine Magistrate, an officer appointed so far back as July; 1841, and who had shown much devotion to duty, would be proceeding home on leave of absence. He accordingly’ took his departure on the 8th March, 1845, by H.C. Proserpine, his duties bemg shared respectively by Mr. 8. Fearon, the Registrar-General, as Marine Magistrate, and Mr. A. Lena, the Assistant Harbour-Master, an Italian gentleman who had pre-' viously been in the English merchant service, as acting Harbour Master. At a levée held by the Queen on the 12th March, the officials who had distinguished themselves in China and else-: where had the honour of being presented to Her Majesty, Sir 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 ¢ 11. 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 224 | Shuck- name, it was now decided that Chuck-chu, where Mr. Hillier talied was appointed Assistant Magistrate in May, 1844, should be; Staley’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 7 r. 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 gerious attack against the Chinese Police stationed at the west end of Victoria upon Chinese 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 imprisonmentas 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 of regular Courts of Justice, and while theisland was PsP: 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 °Pimom 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 chafges with reference to certain contributions which, it was said, they against levied from prostitutes, and the Chief Magistrate was now dih- Fobes, 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. A ee ae 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.Shortrede, by Mr. Shortrede, the editor of a local paper, called the China arn 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 Theconstitution of the Legislative Council, which had formerly Borel sean been unfavourably commented upon, again formed the topic discussed. of discussion 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 itwas. 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., infrit.. SATISFACTORY WORKING OF THE SUPREME COURT. 81 legislative. The Governor determined upon certain measures Chap.lI§ 1. and an Ordinance was drawn up; it was then published and 445 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 Pacha of Egypt, but in a British Colony it was shameful.” * As when will be seen hereafter, it was only in June, 1850, that unofficial ™™>Mcial members members were first admitted into the Legislative Council.f The first admitted Supreme Court, which had been opened since October of the Lesislathe previous year, had given great satisfaction, and the Chief Justice Council. at a recent Criminal Sessions was reported as looking tired. He oes laboured under great disadvantages and had no other Judge to the Chief consult with upon difficult points of law, or who could relieve ae him occasionally of some of his work, for his duties were by no means light. Under the Supreme Court Ordinance, No. 15 of o;ainance 1844, sections 25 and 27, he held four distinct, terms of Court No. 15 of annually for the despatch of the civil and criminal business, 2527. 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 of 1845. It had now become the practice to notify the day on Xe.° of which the Court would sit-on its summary side. The following reference to the Supreme Court at this stage.cninese Ad- will be found interesting. The introduction of Chinese advo- aed . eemploy- | cates and of the Chinese language,.as well as the appointment.ment of of educated Chinese in the administration of justice in Hong-.educated © Chinese in kong, found its advocates at this early period in the history of the adminis- the Colony, and, as will be seen, the all-important subject of Oe ee correct interpretation found its place also in the following extract Chinese in- from a paper of the time dealing with those questions :— See “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 teilress or labouring to make defence. Would the foréigner 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. X1v,, 1845, p. 297. -t See: Chap, xi, and x11, infrd. ‘tT: See The Chinese Repository, Vol. X1¥., 1845, p,.297. 82 Chap. ITI § I, 1845, Resignation of Mr, Farn- comb, as Coroner. The reason. Mr. Hillier succeeds Mr, Farncomb, April Criminal Sessions. Mr. Shelley acts as Hindustani interpreter, Mr. D. R, Caldwell, Chinese interpreter, Mr. McSwyney, Deputy Registrar, resigns to practise, HISTORY OF THE LAWS, ETC., OF HONGKONG. A number of Chinese barristers and solicitors, admitted in England, have joined the local bar from time to time withim 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. Though the Supreme Court was now working satisfactorily, an official connected with a different Court had reason to. be dissatisfied with his position, for the records show that Mr. Farncomb, the Coroner, who had succeeded Mr. Fearon in that 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. Farncomh 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 “would not pay for his valuable time, they might reimburse his actual outlay.” On the 9th of April, Mr. C. B. Hillier was gazetted as his successor. The April Criminal Sessions commenced on Tuesday, the 15th of that month. The calendar was not very heavy, con- taining only six cases, none of them of a serious nature. At this session Mr. Shelley, Clerk of Councils, acted as Hindustani Interpreter, and Mr. D. R. Caldwell, as Chinese Interpreter.* Mr. McSwyney, having resigned his appointment of Deputy Registrar of the Supreme Court, advertized on the 1st May, as practitioners were wont to do at this time, that he had been admitted to practise as “barrister-at-law, at- torney, solicitor, proctor, and notary public, and could be * 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 Singas re, Hongkong, and Canton. Subsequently, he returned to Singapore where he joined the Commigsariat 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 Chicf Magistrate (Major Caine), IMPORTANT CASES IN THE SUPREME COURT. 83 consulted at his offices, corner of Wellington and Cochrane Chap. 111 § 11. Streets.” His was the fourth admission to the Supreme Court 4445, to practise, and as Deputy Registrar, he was succeeded by Mr. Mr. F. Smith Frederick Smith, Clerk of the Court. Meseaen On the occasion of the Queen’s Birthday, nineteen prisoners Free pardon (corresponding with Her Majesty's age) confined in the Gaol (0 [sone 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 | June, a special jury being empanelled for the trial of an action eat brought against Mr. John Carr, the editor of the local newspaper, ee The Friend of China, for publishing an article in an issue dated as wanae far back as the 13th July, 1844, alleged to contain a libel against (“na Mr. Rear-Admiral Sir Thomas Cochrane. The Attorney-General titel, appeared. for the plaintiff and Mr. Goddard for the defendant. Mr lau" 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 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 disapproved of the Admiral’s conduct and of the support he had received ~ from the Government, defrayed the defendant’s expenses by Mr. Car'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 plaintiffs being Messrs. 374°." 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 Chap. III § IT. 1845, June Criminal Sessions. Conviction of Private McHugh for causing death of a comrade. Henry Daniel Siticlair . 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. HISTORY OF THK LAWS, E'FC., OF HONGKONG. from Hongkong. After a great deal of evidence had been adduced, the jury found a verdict for the plaintiffs, thus establishing that the vessel was trustworthy. No point of law turned upon the case. The Criminal Sessions closed on Thursday, the 19th June, having occupied the Court four days only, though there were fourteen cases upon the Calendar, some being of importance. Private McHugh, of the 18th Royal. Irish Regiment, was sentenced to a term of imprisonment for causing the death of Private Higgins of the same Regiment, and Henry Daniel Sinclair, gunner of the schooner Avvel, for piracy, was sentenced to transportation for life. At. the same session Chun Afoon was sentenced to death for shooting, with intent to murder, during an attack at East Point on the 7th May. Though similar attacks had been numerous and many of the assailants killed or wounded, this was the first case in which one of the robbers had been actually captured at the time of committing the offence, and it was hoped his fate would be a salutary warning to his confederates. It was gratifying to notice the 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 heard. It was that of three men belonging to H.M.S. Driver, named Charles Ingwood,, Thomas Cox, and John Mears, 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 onshore, After drinking together, they all came off ina 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 Rieach: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 cerpclrtell 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.1i§ 11. eondemned man the mercy which, as Her Majesty’s represent- —_ 1345, ative, he was entrusted with, and the community thus spared the dreadful sight ofan Englishman being hanged in Hongkong, but’ the unfortunate man was hanged on Thursday,. the 3rd Execution of July, 1845. He had_ been attended by the Colonial Chaplain, ee: 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 be 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, ee 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.t 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 this time, was the only recorded. instance of a European being oe hanged in Hongkong. In the annals of crime instances of more hanged in refined cruelty and fiendish malice are occasionally met with, Ingwood's’ but it would be difficult to point to a more cold-blooded, o™« 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 fngland as 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. Fhe Ordinance to raise an assessed rate on lands and houses Assessed rate for the purpose of upholding and maintaining the Police Force $7 jangan¢ (No. 2 of 1845), came into operation on the 1st July, 1845. maintaoanse The opinion of the law officers of the Crown was that the Foro, * See the action of the Government after the execution of the two Englishmen ‘Gibbons and Jones, as related in Chap, XXVI., infra. : “# See ante p. 75. 86 Chap. III § IT. 1845, Ordinance No. 2 of 1845. The opinion of the Law Officers of the Crown. Landlord and tenant. Public dissatisfac- tion. 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. 8. Fearon, Registrar- General goes on leave. Changes. Mr. A, L. Inglis. Mr. Hillier. Mr. W. H. Leggett, Major- General D' Aguilar causes prosecution and conviction HISTORY OF THE LAWS, ETC., OF HONGKONG. assessment provided for was a direct tax upon property by the landlord, and not by the tenant, but the terms of thé Ordinance were rather ambiguous and it was not clear whether the tenant or landlord was the party responsible. This Ordinance was not without giving cause for dissatisfaction, as indeed, do most laws having taxation for an object. The measure was con- sidered unconstitutional and illegal, as empowering Government assessors arbitrarily to value all household property with the 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 2 charge on the landlord ; but in cases, for instance, where the agreement for occupancy had been made by a military officer, the landlord might be applied to, in the first instance, for the assessment. It was clear therefore that the assessment was 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 was urged that the inhabitants were entitled to representation, so far as it could be obtained by the nomination of representatives by. the Crown. A memorial to Lord Stanley, protesting against the measure, was accordingly got up on the 13th August, and for-. warded to the Governor for transmission to the Secretary of State. Consequent upon the departure on short leave, of Mr. Bruce, the Colonial Secretary, on the 16th July, 1845, im- portant changes took place in the establishment of the island. Major Caine, who was appointed to replace Mr. Bruce, being succeeded by Mr. Hillier as acting Sheriff and Police Magistrate, Lieutenant Armstrong, of the 18th Royal Irish Regiment, replacing Mr. Hillier as assistant Magistrate. But all these changes were only of short duration, for Mr. Bruce returned to the Colony and resumed the duties of his office, on the 25th October, 1845. .Mr. Samuel Fearon, the Registrar-General, however, took a year’s leave on the 16th July, when Mr. Andrew Lysaught Inglis, clerk in the Marine Magistrate’s Office was appointed to act as Registrar-General, Mr. Hillier performing the duties of Marine Magistrate, Mr. W. H. Leggett, clerk to the Chief Justice and to the Supreme Court, with the concur- rence of the Chief Justice, being appointed Coroner, vice Mr. Hillier. Major-General D’Aguilar now again came in for public. comment. It will be recollected that the stopping of the bambog-beating nuisance was ascribed to him. He was now accused of causing the conviction of a Mr. Welch for “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 IL § 11. occupy a. house near that in the temporary occupation of the 1815, Honourable Major-General D’Aguilar, to whose gentle ear the oe BOs Ne See ye ‘ ; i elch for rude sound of civilian hilarity was peculiarly obnoxious, though having he could complacently listen to the mirth of the military mess in ,™use’ in the rear of his house on their evenings of entertainment.” Episodes in 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. Police sergeant to go downstairs, and, on second thoughts, Vleck, “feeling the indignity cast upon him” by the intrusion of General | policemen in his house, opened the window and, calling out to ao 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 proseuted. Assistant Magistrate in the place of Mr. Hillier, temporarily Lieutenant promoted Chief Magistrate) and who, swearing to an information jmsrong- containing the threat of horse-whipping above-mentioned should fined for he return to Mr. Welch’s house, summoned Mr. Welch oa 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 fpmments on iniquitous, and the attention of the Attorney-General and the matter. public called to the unjust sentence of the “ servile Magistracy,” Lut, as in the case of the bamboo-beating, the records do not 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 Governor reached the Colony on the 14th September, 1845, ior 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-11§1. Qn the 23rd September, Mr. Hillier, the acting Chief 1315, Magistrate and Sheriff having charge of the Gaol, refused Mr. Hillier, ecess, without a written order from himself, to several Kuro- ti s . . : Sheriff, peans confined in the Debtor’s Jail. His conduct was con- refusesaccess sidered inexcusable, and regretted because the impression indehtors heretofore had been, that “he was not infected with those on 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 Ist October, 1845, con- between wie . 3 . ; I : Hongkong tained an article drawing a comparison between Hongkong and and Chusan. Chusan which it was desired to see retained, the comparison ey being anything but favourable to the former. The following Gentleman's 2 M ~ poe Gazette. extract is, however, given as containing an account of the -early Hutry of history of the Colony and showing the lawless population which poe 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 gothere. 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., ete. ‘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 « 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 upen 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, anté:pp. 66-68. BRITISH SOVEREIGNTY VIOLATED. 89 through the admirable exertions of those very authoritiés whom Chap.1II § II. they’ often, but unnecessarily, abused. : “On the 6th October, Mr. Charles Gordon Holdforth was appointed Coroner, pending the receipt of Her Majesty’s pleasure This was doubtless in succession to Mr. W. H. eget, appointed in July last vice Mr. Hillier, and who had died at Macao on the 23rd Séptember, 1845. Pending Mr. Holdforth’s appointment, after Mr, Leggett’s death, Mr. Hillier had resumed the office temporarily; = a | Two inferior agents of the Chinese Government, having violated the sovereignty of British law by coming over to Hongkong and apprehending a suspected Chinese without the authority of a warrant from the Poli¢e Magistrate, were con- demned, on the 15th ‘October, to one. month’s imprisonment. A notification from the Government enjoined all inhabitants to apprehend any such persons in future and to bring them before the Magistrate for punishment. Ordinance No. 11 of 1845, regulating the harbour of Hongkong, passed the Legislative Council during this month. The Ordinance repealed Ordinance No..19 of 1844 under which some previous. regulations had been passed, but which were now rescinded and embodied in the above Ordinance. The Ordinance for the naturalization of aliens (No. 10 of 1845) passed. in October also, was disallowed by proclamation of the 1st January, 1848, followed by the publi- cation of the Act.10 and 11 Vict., c. 83, relating to the same subject. os eo The first appeal case against a Magistrate’s decision was heard on the 3rd November of this year. Mr. McSwyney moved on behalf of the appellant ‘in the case of Christopher v. Armstrong, for a writ of mandamus calling upon Messrs. Caine’ and Hillier, Justices of the Peace, to show cause why they should not assemble # Court of General Sessions to re-hear the above case; and: wherein-the Magistrate, Lieutenant Arm- strong, had fined the appellant $100 for a contravention of the Spirituous Liquors Ordinance, No. 11 of 1844. The Justices not appearing, the rule was made absolute on the 10th November, but the, Chief Justice refused costs, as it was not usual “to grant costs against Magistrates.” °. On the 12th November, Mr. Hillier, the Assistant Magistrate, pee on six.weeks leave of absence, being replaced. by iéntenant Armstrong, who had previously held the position, - on the 10th December, Mr. Andrew Lysaught Inglis, acting Registrar-General, was appointed at the same time an Assistant Police Magistrate for the Colony. | _ The last Criminal Sessions of the Supreme Court for the year, opened on Monday, the 15th December, and elosed on Friday, the 1845, Mr, Holdforth, Coroner, Death of Mr. Leggett, Chinese Agents violate t 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., ¢. 83, First Appeal Case against Magistrate's ‘decision : Christopher v. Armstrong, Ordinance ‘No. 11 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 90 HISTORY OF THE LAWS, ETC., OF HONGKONG. Chap.U1§11.19th, Thecalendar had been a heavy one, and with three or. four 1843, exceptions, the offences were trifling and might well have been Sessions. — settled by the Magistrate without. occupying, the time of. the committed” Court and of the J ury unnecessarily, 2 number of cases ending Macherate, 12 an acquittal. Most of the prisoners found guilty of robbery | A Chinaman Were sentenced to long terms of transportation. In one case, a sentence to Chinaman, charged with murder, was sentenced to death. His. accomplice is accomplice, who had: escaped to Canton, was afterwards arrested aested in in the Colony at the end of 1848, and tried, convicted, and; convicted. executed in December of that year. Judicial The judicial history of the Colony during 1845. presented aa” few prominent points of interest. Several important Rules of Resumé, Court passed during the year (notably those of the Ist November, which related to the sittings of the Court, practice and pleadings, . proceedings in form, 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 inemorial 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 thatthe 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 tke 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. Sout Cn.11§ 1 A Coroner’s inquest was held on Friday, the 2nd January, isis, 1846, on the body of the Chinese contractor for the: military Coroner's hospital and officers’ barracks. The deceased was found hang- Inquest. ‘ . : ‘ : oo Suicide ing: by the neck in the morning at his. residence near the Guengst barracks. Upon his person was found a paper stating that, in anese, . . ° . . 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, curiousl enough, returned a verdict of temporary insanity, thoug VERANDAHS. fits 91 upon what grounds could not be. imagined, as the suicide Ch. II § 11, appeared to.,have .been most: deliberate, and it is a well ig45 known fict 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 terms of the contract was found afterwards to be untrue. _ Piratical dttacks 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. Jt 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 would continue. The Indian night Police came in for a meed yjcatine of of praise, and the lighting of the streets was favourably com- the streets. mented upon, but the European Police apparently did not stand rs of high in the estimation of.the. residents." Their frequent visits #uropean 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. ‘he Peace. On the 29th January, Mr. Adolphus Edward Shelley, the Wuete? Auditor-General, was appointed to audit the accounts of the Registrar's Registrar, Mr. Cay, on the ecclesiastical side of the Court, Mr. “°°” Charles Markwick being also appointed ‘ one of the appraisers and 4". . ? . . : ¥ auctioneer’ on ‘the same side of the Supreme Court, in place of Appraiser Mr.’ Edward Newman who had hitherto held the appointment. 9"Crioneer of The London Gazette of January 30, announced that Her Majesty the Court, in had been ‘pleased! to ‘appoint Mr. Samuel Turner Fearon, the peer Ns Registrar-General; (who had proceeded on leave on the 16th wy.s.7, July, 1845), to be ‘Registrar-General and Collector of Chinese Fearon ae tted Revenue’ for Hongkong. Regists The Indian night Police, Registrar- i . Pe . General and ‘In January, also, Government permission was given for the (ie construction ‘of verandahs projecting beyond the boundaries of Reve 0" lots over any public road or street within the City of Vic-‘pana |. 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 Ch. Th § WL 1846. Mr. Holdforth, Deputy Sheriff. Return of Lieutenant Pedder, Messrs. Farncomb and .Goddard in partner- ship. Flogging in Hongkong. Disgusting exhibitions of flogging. | | HISTORY OF THE. LAWS, ETC., OF HONGKONG. In February, Mr. Holdforth, the Coroner, received the appoints ment of Deputy Sheriff, Major Caine retaining ‘the sheriffship, and on the 23rd March, Lieutenant Pedder, the Harbour- Master and Marine Magistrate, who had: proceeded on leave of absence in March, 1845, resumed the duties of his office. - Messrs. Farncomb and Goddard, solicitors, advertised on the 2st March, 1846, that they had formed a partnership. as “attorneys, solicitors, proctors, and notaries at Victoria, under the firm of Farncomb and Goddard,” and that Mr, Farncomb 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.” — , The frequency of the application of corporal punishment mentioned in March,.1845, and the injurious effects of unne- cessary severity were now: beginning to tell upon the public mind. Disgusting exhibitions of public flogging were reported 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 flogging objected ta, made to an over-refinement of feeling, but the wholesale system 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 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. 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- day, the 25th of April, 1846, no less than 54 men were flogged and had their tails cut off,—a mode of punishment common in. those days—for no other reason than that of being on the island. without registration tickets, and. the severity of the sentence. was further increased by their being handed over afterwards to the tender mercies’ of the Kowloon mandarins to be sent back tothe’ places to which they belonged. The existence of any local law authorizing the Magistrates first to punish and then to hand over delinquents to the Chinese authorities was not known. By the treaty, criminals or other offenders were only to be. handed over on. application. The origin of the offence for which’ the 54 men were flogged happened in this wise: a policeman: saw a Chinaman carrying a piece of timber which he believed. had been stolen, and arrested the man. Qn the policeman and THE REGISTRATION ORDINANCE AND FLOGGING. 93 his prisoner passing near some native houses near Spring. Gar- Ch. HI§ IL dens, some Chinamen threw stones and the policeman was jg4¢, 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 pificulty of: alone had rendered it. necessary to proceed against the men /Mentifica- 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 Case brought be seen later on, this case came before Parliament in August. Peete The Registration Ordinance, as worked, was reported a Registration failure, though possibly it might eventually prove beneficial to Prinance 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 Surender of the Magistrates to surrender men to their brother-magistrates,, the of the Celestial Empire, it was,a disgrace to the Colony and ae gave rise to the most unpleasant suspicions. Between English authorities Magistrates and those of China there should he no community disgrace. of feeling, no negotiations, except such as were provided for by x, treaty, Commenting upon the case, a local paper said_ that: community ‘the barbarity, of the Police Court was of a piece with the inoelll brutality of the legislation which would brand and mutilate English and cea eee = ; . . : ‘Chinese human beings who had committed no crime, but who were Magistrates. obnoxious as being members of a secret society,” reference being hi doubtless had to the Triad and other secret Societies Ordinance, comments at SCR Pa ad ae os “upon the No. I of 1845. ficcing case, Ordinance The spirit was observable on the bench which ren- No.1 of. dered thé Council “contemptible.” But be this as it may, 1°: there was no doubt that crime had greatly diminished, to whatever cause due, though perhaps severity was now less State ot 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, 11 § U1. At the last session of the Supreme Court there was scarcely 1846. Sentences of flogging deemed excessive and unnecessary. Lieutenant Thomas Wade appointed Chinese interpreter of the Supreme Court. Duties of the Marine Magistrate. Europeans and _Lascars. The Chinese. Mr. Lena and the suppression of piracy. | Day robbery: at West — Point. one case of importance, whereas formerly there were a dozen. This was certainly satisfactory as showing that the: population was more orderly and that sentences .of whipping inflicted. by the Magistrates, and which had now. begun to be objected to .as partly excessive and. partly unnecessary, had at least had some salutary effect. Lieutenant Thomas Wade, of Her Majesty’s 98th Regiment, having beer placed at the disposal of Government by the Major-General Commanding, the Governor, on the 6th April, appointed him to the office sof Interpreter to- the Supreme Court, pending Her Majesty’s pleasure. It will be remembered that Mr. Wade was appointed in a similar capa- city to Her Majesty’s land forces in July, 1843. On the 15th 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 Magistrate where the parties were Europeans or Lascars, and that all marine cases in which Chinese were the parties would be heard and disposed of at the Police Magistrate's Court. It was with much satisfaction that the public now learnt: that Mr; Lena, who had, with much.credit to himself, filled the office of Harbour-Master during..the. absence on leave of Mr. Pedder, 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. - An impudent robbery took place in broad daylight on Wed- 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 Escapes from Gaol. — 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 bill before assistance could be obtained. Several escapes had also taken place from the Gaol recently, ‘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 of the prisoners, and with no other duty to perform, was Cb. III § IIL the primary reason for such carelessness, forthe Chief Magistrate 115, with his heavy duties, though to a-certain extent relieved of ten ney * “ee . ‘ lagistrate. 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. Regulations for appeals to the Privy Council from the’ appeals to Supreme Court, dated the 21st January, 1846, were published on eae the 5th. May, and on the 9th, Her Majesty’s Letters Patent, dated tetters the 10th January, 1846, appointing commissioners to hold admi- ae: ralty jurisdiction within the Colony were published. The ners to hold Commissioners thereunder were'the Governor, the Chief Justice, Admiralty» the Officer commanding'the Troops, the Colonial Secretary, the oe Chief Magistrate of Police, and the Flag Officers or Captains of ships of war 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 . Letters Patent now fully provided for a Court with admiralty Admiayy jurisdiction in Hongkong; and'those appointing Sir John Davis, governor the Governor, to be Vice-Admiral of the island, and John Walter Dara Sie: Hulme, Esquire, Judge of the Vice-Admiralty Court, dated.the the Island. 4th February, 1846, were duly published onthe 4th June. ' —‘ chief Justice ‘The May Criminal Sessions commenced on the 27th. ‘Thecalen- TUM. 4,, dar was a comparatively light one, some of the cases, however, Vice- being of:importance, one prisoner, Ching Afat, being found guilty {¢mv""'y of murder and sentenced to death. A charge of piracy brought May against seven boatmen in the employ of the opium farmer was aa heard at this session. Mr. McSwyney, for the prisoners, took Gi. afat, an objection that the crime was committed at a different spot Sentence of from the one mentioned in the indictment and. which was not “eathfor within the jurisdiction ofthe Court. The Chief Justice coin? piracy case cided in this and the prisoners were discharged. In this case cece an incident happened not at all uncommon in Chinese cases, the case. principally due perhaps to difficulty in recognizing Chinese Diticulty in features or ability to discriminate amongst people so very much Gyoenizing 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 Hubettentlen not there, another man having taken his place at the'bar. The °* P™°"™ Police, it was said, were ready to certify that a youth who was particularly conspicuous in the affair, and one of the seven bailed bythe 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 ruropean number of seven. Another case was that ofa European policeman Policeman Se ‘ conniving at who was accused of conniving at the escape of a prisoner under ‘escape of 96 Ch, III § II. 1846, prisoner acquitted, - Collusion | between, prisoners and’ Police as ° Prison guards, Prosecution of a Mr. Wiseman 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. HISTORY OF THE LAWS, ETC., OF HONGKONG. his charge. The case broke down on some technical point-—a dif-. ference between the real name of the prisoner and that given in the indictment—but as such cases had. been numerous, it was not without cause that suspicion of.collusion between prisoners and their keepers had become general. a hy On the 3rd June, a Mr. Wiseman was summoned in the Police Court under section 7 of Ordinance No. 14 of 1845, and fined £5, for furious riding or, as was stated, ‘ galloping’ his horse near the gap, a locality, says the report, used then for that purpose by nearly’ every resident on the island. It appeared that the real complainant in the case was General D’ Aguilar, who accordingly again came in for a good deal of public talk. The Superintendent of Police, Mr. May, stated that General D’ Aguilar whom the defendant had encountered, had desired: him to pull up, but without effect, and then called out: “Is there no Police to take notice of this ?” Upon which Mr. May, who was present, replied that defendant. would be summoned. This case was considered as fresh evidence of the objection- 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 D’Aguilar, he had made himself somewhat conspicuous in his eccentric conduct on various occasions. From his actions it was 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 ‘Con the evening of the Sabbath,” Murders were becoming frequent amongst the Chinese and the gallows, which had by this time been frequently in use, did not seem to be a great terror to evil-doers in Hongkong. A Chinaman named Ching Afat sentenced to death on the 28th May, as stated in the account for that session, for murder- ing a. countryman of his on the 29th April, was executed at daybreak on the 6th June. The unfortunate man used every means in his power to resist a death which Chinamen regard as peculiarly ignominious. He refused.to walk.to the placejof. execution and had to be carried in a chair, On the scaffold che... resisted being placed on the drop or having the rope fastened round his neck, ~e opt TRE NOTORIOUS, PIRATE CHUN TEEN SOONG. 97, On the 13th June, the appointment.of Mr. P. C. McSwyney, Ch. TH § Ur, as Coroner was gazetted, as from the 29th May. The attack 1ais and murdey of the captain and part of the crewof the Privateer, Mr_P. 6. a, sehooner laden with opium, on the 14th June, created some, (avi™y: sensation in the place. This, was one of the most daring cases Daring of piracy recorded for a long time past, and the, continued Pirstical exertions of the authorities did not go altogether unrewarded, piroehe a ong of the miscreants being afterwards. arrested and con- °Pivm ship. victed.. This notorious pirate, named Chun Teen Soong, was Conviction of tried and found guilty at the first session of the Court. of ‘he notorious 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 idiference. 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 by, murder. He also gave other information which, it was piney and hoped, would, lead, ta. 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- bie teen months’ leave, on the 23rd June, by the P. & O. steamer Secretary, Lady M. Wood. The following changes took ‘place in eonse- quence: Major Caine to officiate'as Colonial Secretary ; Mr. C. Changes in B. Hillier to perform the duties of Chief Magistrate, vice Major “™*°°r**- Caine, and Mr. €. G. Holdforth, the Deputy Sheriff, to perform the duties of Assistant Magistrate, vice Mr. Hillier. -A curious Mr. nruce fet in regard to Mr, Bruee’s departure was, that the London sppeinted Gazette of the 27th June, four days after his departure from Govaraer oP Hongkong, contained a, notification of his appointment.as Lieut- Newfound- enant-Governor of Newfoundland. ‘On the 23rd Jyne it was announced locally that there was Arival of a prospect of a barrister of: “ extensive legal acquirement and Tita tens experience settling in the Colony,” and, besides his profes- 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. ‘he following was Mr. Headvertizes Parker’s advertisement in relation to himself :— ce gta PR ay SRE Pep ae See In rue Supreme Court or Honexonc. Mr, N. D’Esterre Parker, Solicitor of the High Court of Chancery, and one of the Attomeys: of Her Majesty’s Courts of Queen’s. Bench, Common Flasa, and Exchequer in. Ireland, hag been duly admitted to practise as 8 Solicitor, Attorney, and Proctor of the, Supreme. Court. of Hongkang. Mr, 98 Ch. HT § IL, 1846. Action against Captain Coates of the Bomanjee Hormusjce for damages, Influence of Acqui, Opium Farmer. Plaintiffs previously tried for piracy. They seek compensation for illegal detention on acquittal, Chief Justice marks his indignation 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, HISTORY OF THE LAWS, ETC., OF HONGKONG. Parker is likewise a legally constituted Publie Notary of the: High ‘Court of Prerogative of England. Offices at Messrs. Bowra & Co.'s, Queen’s Road, On the 27th June, an action was heard by the Chief Justice at the instance of several Chinese boatmen in the service of the Opium Farmer named Acqui, a man who was said to exercise much influence for good or evil amongst his countrymen in Hongkong, against Captain Coates, master of the vessel Bo- manjee Hormusjee. The plaintiffs had been tried’ at the May Sessions on a charge of piracy, when they were discharged for want of jurisdiction, They now sought compensation ‘for illegal detention on board the vessel named, when they were captured by the defendant and handed over to the Police, The Chief Justice, in delivering judgment, considered the detention was not justifiable, but showed his conviction that the plaintiffs had suffered no great damage and the defendant had been actuated by no improper motive, by awarding the plaintiffs only 50 cents damages, This case formed the subject of much public discussion: The Jaw was ill adapted which could permit such proceedings, and where the Police were so few and criminals so plentiful. Captain: Coates, in acting as he did, had shown much public spirit, and but for.the objection raised. by counsel on their behalf when on their trial and sustained by the, Court, the charge would certainly have been: brought home to them. Much sympathy was therefore due to the defendant for his praiseworthy action in this matter, and severe were the stric- tures passed. upon the counsel who. had conducted the case:on behalf of the plaintiffs. The Governor, Sir John Davis, accompanied by his’ aide- de-camp, Lieutenant Sargent, and the Chinese Secretary; the Reverend Charles Gutzlaff, left by H: M. 8S. Vulture on the 2nd July for Chusan, Major‘General D’ Aguilar administering aOaeeeineat in the interim. This visit was generally believed to be in connexion with the handing over of Chusan to China. The rumour to this effect proved to be correct, for, on the 16th July following, the Governor, from on board. the Vulture, issued a proclamation that Chusan had been restored to China in conformity with treaty engagements, and that after the departure of the 98th Regiment, any. person visiting the island would become liable to the penalties provided by the 4th article of the supplementary treaty. The following was the pro- clamation :—- - et. 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 ue GHUSAN, 99 of its dependencies, will become ‘liable to the penalties provided by the :4th-Ch. LI § INL, article of the supplementary treaty. God save the Qtieen. J. KF. DAVIS. wo on board Her Majesty's Steam Vessel Vulture, this 16th day of July, 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:—~ ee a “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 neyer be ceded to any other Foreign. Power. ' Her Britannic Majesty conseuts, 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 he due from China on this‘ account.” E* Pr The divorce suit of Matthyssons v. Matthyssons, came before the House of Lords on the 2nd July, before Lord Cottenham and other Peers with the learned Judges. The petitioner, a British merchant at Macao, left that place for a voyage to Australia leaving his wife behind under the protection of her brother, Mr. Adam Wallace. Elmslie, the then Secretary to Sir Henry Pottinger, the British Plenipotentiary in China and Governor of Hongkong, and during his absence she carried on an adulterous intercourse with a merchant of the name of George Thomas Braine. In his examination, the petitioner stated he 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 mensé 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 oath. On calling the Chinese woman, with a gentleman who acted as interpreter,— | “Lord Brougham: inquired whether it was not required of her to break a saucer before she gave her evidence ? * The interpreter gaid_ that she was very reluctant to be sworn a second time, and that her gods would be very angry with her, a Lord Brougham.—Tell her. that her gods will punish, us and not her, if ‘anything wrong is done. i i gk * 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, infra. 1846, Important divorce suit : Matthyssons «. Matthys- sons, Mr, A. W, Elmslie, Secretary to Sir H. Pottinger. Mr. G. T. Braine, Chinese oaths, 100 Ch, II § TIL. 1846, ‘ Kiss’ in Chinese, Matthyssons’ Divorce Bill read a second time. Complaints against - European Police. Extortion. The Chief Magistrate again as HISTORY OF THE LAWS, ETC., OF HONGKONG. The interpreter endeavoured to induce ‘her to take the oath, but she still declined. 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, 3 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. % ees 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 she 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” ? eh 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. i il This observation being explained, she replied, in Chinese, “1 will speak the truth.” ¢ , The witness was then examined. She spoke of familiarities such as Lord Brougham.—What is the word “kiss ” in the Chinese tongue ? The interpreter.“ Suisui.” * ft. eeeeee we tervesccoes is aiboiia ale lalaias His ale Saleen wile Swialaiiie¥awen Ceweurin Meu eb eres be sreeuTeseereRN. ' The Bill was then read a second time. Complaints against the European Police, noticed early this year, again began to be heard. On Sunday, the 5th July, two European policemen, named Patterson and Swimmer, and a Chinese policeman, exterted ten dollars from an opium seller. 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 iniquities were permitted, no reform could be looked for. The Chief Magistrate was still practically the head of the Police and i: 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. UI § LIL Mr. May, and his Inspectors, especially by his disposition to support the disreputable men who had been discarded from the Army and taken into the Force. Bribery, robbery, perjury, and connivance at the escape of prisoners constituted some of the charges now levelled at the European Police. Tried for extortion in connexion with the above case on the 10th Novem+ ber, these three men were discharged on a technical point raised on their behalf, and as to their ultimate fate the records do not speak. On Wednesday morning, the 15th July, at half past six, three prisoners, Sinclair, scaly unner of the Ariel (con- demned to transportation for life for piracy at the June Sessions, 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 ofarazor. The Deputy Gaoler, accompanied by two Police officers, pursued them over the hills at Kowloon, where they» met the convicts returning with the intention of giving themselves up to the authorities, after having been stripped and maltreated by the Chinese, and perceiving no prospect of effecting their escape from justice. A Coroner’s inquest, held on the 15th July upon the body of a Chinese woman of the prostitute class, disclosed facts which are perhaps not of rare occurrence in these parts. It consists in the practical abandonment of an inmate of a brothel on the woman becoming so diseased as to be of no more ‘profit’ to her keeper, the sole object in view there- fore, being to:get rid at all risk of the slave. In the case under consideration, the facts elicited were none the less abominable and aggravated by the extraordinary verdict of the Jury under the guide of a Coroner presumed to be a man of some legal experience. A young woman, a prostitute in the Taipingshan district, being afflicted with a lingering disease, and after having been ineffectually treated by native doctors, her mistress,a woman tamed Chui A Kwei, “lest her house might be defiled by the 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 hastened and premeditated, and yet the Jury gave in a verdict “that the deceased died by visitation of God, but that her mistress was highly censurable for inhumanity towards de- ceased,” and this was accompanied with a magisterial admoni- tion from the Coroner that “had the Jury advanced a step further, he slrould have deemed it a duty, demanded of him by every principle of justice, to commit her for trial at the next 1846, Head of the Police. His interference with Mr. May, the Supeririten- dent. Charges levelled’ at the Police. Escape of convicts Sinclair, Ross, and Walker. They give themselves up after ill- treatment by Chinese. Coroner's inquest upon body of a Chinese prostitute. Abandon- ment of inmate of brothel on | becoming diseased, Object in view, 4 Extraordi- hary verdict of the Jury in the case, Facts of the case, Death of deceased premedi- tated. Curious admonition of Coroner, 102 Ch, III § ILL. 1846, 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. Incompe- tency of Coroner’ McSwyney. The Duncan- Jenkins affair, Mr. Rk. Rutherford, Appraiser of the Supreme Court. Flogging, Dr. Bowring moves House of Commons about case of the 54 men flogged. ‘HISTORY OF THE LAWS, E'TC., OF HONGKONG. Criminal Sessions of the Supreme Court.” The woman was 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 but little doubt that the keeper was guilty of murder, and that she should have been committed upon that.charge which would have been a much more effectual mode of preventing the repeti- tion of such savage crimes than the Coroner’s warning... The facts, moreover, implied that such atrocities were frequent among the Chinese and had been common here, and the case only 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 !”’ a es omy It was, in short, a case of deliberate murder for which . there was no excuse. The woman Chui A Kwei was afterwards, pro- secuted before the Assistant. Magistrate for ‘exposing’ the girl and fined twenty dollars, though under what. Jaw 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 recorded above. There was no doubt that this was again another instance of the incapacity of some of the judicial officers, and at this distance of time one cannot but readily believe how well founded were some of the grievances in regard to the admi- nistration of justice in Hongkong. Mr: McSwyney, through his action in this inquest, had proved how incompetent a Coroner he was, and after his further behaviour in the Duncan-Jenkins affair mentioned hereafter, no wonder he received his congé from the Government. On the 16th July, Mr. Robert Ruther- ford was appointed one of the appraisers of the Supreme Court under its Iicclesiastical Jurisdiction. The system of flogging in yogue in the Colony and the fre- quent and heavy sentences passed in the Police Courts ended in attracting attention at Home. On the 5th August, Dr. Bowring called the attention of the House of Commons to the subject, and particularly to the case of the 54 men punished 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 * Anté p. 92. DR. BOWRING’S MOTION ON FLOGGING IN HONGKONG, 103 and confined their depredations to piracy or highway robbery, cb. 111 § 111, were allowed to go about with impunity, the Police not taking 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. "a : 2 . ; . ve 4 lhe following was Dr. Bowring’s' motion in the House of Commons :— ee eee at “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 tegiatration, 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. : ee 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 he 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 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 pisces, and who on coming ashore were pounced upon by the olice 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 Legislature was considered out of the question, it was hoped that the day was not far distant when afew of the leading members of the community would be called to the Council to adyise the Government upon local needs. As to the Magistracy, it was not independent. The duties were performed by two paid ;-.¢ Phis 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: — “4 &XXV. And be it enacted, that in lien 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, beihg 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.” 1846, Flogging less resorted to, Unofiicial members of the Legisla- tive Council desired. Comments upon the ° Magistracy. 104 HISTORY OF THE, LAWS, ETC., OF HONGKONG, Ch, IH § Tt. servants of the Colony, from whose decision there was no appeal, 1846. 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, 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 eyils, caused, by their ignorance, incompetency, and subserviency toa their. superiors was a matter of general notoriety, and under the cir. cumstances it was thought, that honorary justices selected amongst the leading residents might, give more satisfaction, The Chief Magistrate, Major Caine, was an Anglo-Indian, “a soldier since he was strong enough to carry a drum,” ignorant 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 ofthe Colony, Upon these principles he had acted since his tenure of the magis- tracy, and the records of his Court showed that for the most trivial offences men had been sentenced to the lash. His assistant, Mr. Hillier, had been trained under his eye, He was a gentle- man, of absolutely no legal training, Originally the second mate of a merehant ship, Sir Henry Potiiaens, who appeared to think “that anybody would do for the bench,” was induced to appoint him assistant to Major Osine, and since the latter had been. officiating as Colonial Secretary, his pupil had held the office of Chief Magistrate, in some instances acting under direct instructions from the Governor. Uncharitable remarks, wn- doubtedly, but nevertheless to a greatextent true. As an illus- tration of the cases of partiality and subserviency shown by the Magistrates, it was alleged that once the Governor, observing a Chinaman cutting grass in the vicinity of Government House, had the man arrested and sent to the Police. The next da 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 3 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 delinquent, the summons was refused. As thus constituted, no impartiality could be expected, and some of the grievances were, no doubt, well founded, The roads were now infested by robbers, for the conviction of any one of whom a reward of one hundred 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 arms about them. ‘Three sepoys going from Hongkong. to : EXTRADITION OF PORTUGUESE SUBJECTS. 105 Chuck-chu (Stanley) on Saturday, the 15th August, were Oh. HI§ NIL attacked by a'party of Chinese robbers and ill-used. One of ggg. 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 for consistency in setting at defiance well-known and long- fa established principles of the constitution of England. A Por- the tuguese subject named Marcal established himself in Canton as Moe an opium broker. After getting into credit, the man sold charged 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, Marcal leaving Canton before his knavery became known and taking refuge in Macao. On the application of the parties defrauded, Marcal 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 Portueuese gentlemen, were The case of in collusion with Marcal and had shared the spoil. The first'of # Portugue these gentlemen held the office of Deputy Judge of the Supreme CAs, Court at Macao, the other two were merchants. It was alleged, a however, that in bringing the charge against these individuals, collusion the Macao Government was actuated by motives not very credit- pare 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 refuge in Hongkong and the latter in Canton. The Governor %7Q2go78 of Macao, acting upon the suggestion of the Chief Justice of rhe that place, made, the following application..to Sir John Davis: Governor of 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 of4)Assisand 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 Sa hi Il. E. Sir Joun Francis Davis, Bart., . Governor of Hongkong. Sir—Our Chief Justice forwarded to me the ettclosed confidential ¢commu- nication, requesting me to ask of Your Exebilency the delivery of Francisco d’Assis, Cypriano Antonio Pacheco, and. Alexahdrino 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 Ch, IIL § UL 1846. Mr. Hillier under | instructions, without any treaty, issues warrant, Arrest of the Portuguese and appearance before the Magistrate. Their solicitor objects. Mr. Hillier says he will consult the Governor. The same evening they are shipped off to Macao. Indignation in Hongkong, HISTORY OF THE LAWS, ETC., OF HONGKONG. I hasten to communicate to Your Excellency this, requisition, and, trust that Your Excellency will kindly comply with it, should Ht _ not go against the regulations of your gov ernment for similar cases. ase A , : Bde me A wy RHE ae aed ae fa tb 1 ai, uit I have, ete. 4 ge RGD Jodo Mania Ferreira po, _AMAR AL, Governor of * Macao. In direct ‘opposition to the established usage of. the British Government (where special treaties have not. been entered, into for the mutual surrender of criminals) the Acting Chief Magis. trate, Mr. Hillier, with his well-known ‘incapacity and subser- viency, and actin ng under instructions, issued a, warrant. for. the apprehension of Pacheco. and de Mello on the charge of. the robbery committed at Macao. . The parties were arrested accord- ingly, and, after a night’s confinement, brought . before the Magistrate on the. 25th “August, 1846, but.no one: appeared . to prosecute, nor was there the slightest. evidence adduced against the accused. When brought before the Court, it was . objected by their solicitor that the letter of the Governor of Macao could 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 the matter he would consult the Governor. He likewise refused bail _or to give the prisoners time to apply to the Supreme Court for a writ of habeas corpus, and, to the astonishment of every one, the same evening, like ‘convicted felons, bney were put on board the Young Hebe and sent off to Macao |, The conduct of Sir John Davis was génerally condemned and excited zeneral 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 thé 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. Itt ¢ 1. a short time, and then held to’ bail, ‘pending reference to the 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. The knowledge that justice had been done. to. these people gave peculiar Gcichon, here,, owing to the treatment, they Shad 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, Mr, Hillier, now determined to sue him for damages before 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, 1848. Sir J ohn Davis had left about a.month. before. . , Tenders for.the passage to Singapore of four Indian convicts, and to Bombay of twenty-four Chinese convicts, were advertized: for by Government on the 28th August, but’wnder what order 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 1ath Deck: 1846, ae not relate to. Bombay at all, ‘On ‘the’ 3rd September, Major Caine, the officiating Colonial Secretary, was gazetted:a member of the Legislative Council, and on the 5th, Mr. Sterling, the Attorney-General proceeded on leave of absence for eighteen months, on sick certificate; he had thus been in the Colony a little over two 'years before taking leave. That he had had an unusual amount of business to attend to,;the records amply testify, and it is not to be won- dered at,that he now required rest. Notwithstanding the cry against the enormities of human flogging in the Colony, events showed that nevertheless it did not act as such a great deterrent after all, against crime amongst the Chinese: On Saturday night, the 19th September, a police 1846. Acquittal of the prisoners in Macao. They sue Mr. Hillier for: damages, — ‘ Action laid at $25,000. Transporta- tion of convicts to Singapore — and Bombay. Major Caine, acting Colonial Secretary, gazetted a member of the... Legislative Council, ., Departure of: Mr. Sterling, Attorney-. | General, - on leave, *° His career in Hongkong. Flogging not a deterrent constable - recognized ' some old offenders amongst a gang’ of against suspicious-looking coolies in the Queen’ s Road, and, suspecting something ‘wrong, concealed himself. Shor tly afterwards, he observed one’ of: ‘them, who had been flogged ‘only the previous day; carrying something concealed in his jacket and which was afterwards’ identified’ asa 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 been ‘ flogged and had their ‘tails cut’ off for former offences. ‘erime in w+: « Hongkong. Instance quoted, » Cutting of ‘ tails,’ 108 Ch. HII §, TH. 1846, Confirmation of news of the appointment of Mr, Bruce to New- foundland. Ordinance No. 6 of 1846, for regulation of proceedings in the Supreme Court: during absence. of Mr. Sterling. Mr, N. DE. . Parker,' . Crown Proseeutor, Messrs. R. Coley and W. Gaskell in partnership. Inefficiency | of the . Magistracy. The . Dunean- Jenkins, episode; Extraordi- nary conduct. of Mr, Hillier, acting Police Magistrate, and of Mr. McSwyney, Coroner. HISTORY OF THE LAWS, ETC., OF HONGKONG. They were.now sentenced to “one hundred lashes and six months, imprisonment each, with hard labour.” It was during this month the news reached the Colony that, Mr. Bruce, the Colonial Secretary, who had proceeded on leave in June last, had received the appointment of Lieutenant- Governor of Newfoundland, as before noticed. Nothing was yet known as to his successor, and the changes effected on his departure continued in force. Early in October Ordinance No, 6 of 1846 for the regulation of criminal proceedings in the Supreme Court during the absence of Mr. Sterling, the Attorney-General, was passed. Thereunder the Governor was, empowered ‘to appoint temporarily a person to carry on criminal proceedings: only. No provision whatever was made 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 temporary measure, to appoint Mr. N. D’Esterre Parker, a gentleman, previously mentioned herein, to perform the duties of Criminal Prosecutor. The confirmation of the Ordinance which created this. appointment was not received until the 23rd April, 1847.. In, the meantime Messrs. Richard Coley and William Gaskell, ‘‘ Attorneys of Her Majesty’s Court of Queen’s Bench at Westminster in England and Solicitors of the High Court, of Chancery,” took occasion,.to announce to. the: public 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.” . _ Irregularities and complaints about the inefficiency of the: -Magistracy, of which so: much had. been heard, now reached a crisis. ©n Tuesday, the 27th October, 1846, Mr. Duncan, a sailmaker, reported at the Central Police Station that his cook ‘had absconded: with. $200. of his money, and as he thought it probable that the thief would sail for Macao. or. Canton in the evening, he requested the: inspector would, allow a constable to: accompany him. for the, purpose of making a search. The request, was acceded to, and Mr. Duncan, accompanied by some. 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 J enkins were engaged in rescuing the men from THE DUNCAN-JENKINS EPISODF. 109 the water, those in the Chinese craft pulled out to sea, but were Ch. 1H § ILL pursued and captured. On board were found muskets, daggers, spear-heads, and other suspicious-looking articles. The men eaptured, 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 unge=: 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.. MeSwyney, 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. Nowember, the Jury (after retiring and having been. shut up. six: hours) at 9. o'clock at night, returned with a verdict of manslaughter of the five men drowned, against Duncan and. Jenkins, and others. who had. accompanied them upon the excursion in question, and who thereupon were taken into: custody. ‘[urning the tables upon Mr. McSwyney, on_ the 18th November, the very day that the latter had obtained the discharge of the nine men sentenced to imprisonment by Mr.. Hillier, Mr..Farncomb, solicitor, on behalf of Mr, Duncan, under a writ of.certiorari, obtained a rule calling upon the Coroner, 1846, Verdict of manslaugh- ter against Duncen and Jenkins, Tables. turnedion: Mri . McSwyney. 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. the inquisition ; that there had. been a view of four bodies only- and not. five, and that except: one the rest had not. been identified ;. that. the prisoners had been .sworn and examined as witnesses ;. Irregularities at inquest conducted by Mr. _McSwyney. 110 Ch. WL § ILL 1846. The Chief Justice takes Mr. MecSwyney to task, Result of official incapacity. Innocent men flogged and. imprisoned, HISTORY OF THE LAWS, ETC.,'OF HONGKONG. that some of the witnesses had not been examined upon oath ; and that, after the verdict of the Jury, the Coroner had granted:-bail to the prisoners. The Chief Justice, after disposing of some of the points raised by Mr. Farncomb, and taking the Coroner to task for presuming to accept bail for prisoners committed upon his:own warrant, asked Mr.. MeSwyney 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 of the prisoners forthwith. The evidence of official incapacity was never more complete, for five men had met with unnatural deaths, thirteen presumably innocent men had been flogged and impri- soned, and persons guilty of homicide had been set at large. The public had thus been given another example of the luxity 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 Mr. Hillier before the Chief Justice. ‘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 writ of Habeas Corpus was applied for, Mr. Hillier being 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 Jaw, 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. II's 111. from the Executive authorities, it was presumed that the young jaa man .who then held the appointment of Chief Magistrate, Mr. Public | Hillier, had not. become perfectly callous to human suffering, Pm: 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 whieh. nothing could extenuate. .Whether it was desirable that the Magistracy of this Colony.should be deprived of the power The abuse of of inflicting corporal punishment upon the Chinese was a ques- {he power of tion upon which many differed, but the culpable and-negligent ~ re 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 aise not ‘be disputed ; and the reputation of the Hongkong bench Magistrate demanded that a legally qualified person should be appointed “'"** to.i'the position of Chief Magistrate, and that the important duties. ofthe bench should not be entrusted to “needy. soldiers and obscure adventurers.” a er At the Criminal Sessions held on the 9th November, the November Magistrates again came in for censure. The Calendar was a oe heavy one, but there were a number of cases which might have Paltry cases been dealt with in a summary way, and in some instances the Magistrate prisoners were discharged through neglect on the part of the censtred. committing Magistrate. It was discovered that it had here- Warrants of tofore been the practice not to sign the warrants of commitment Comm yeem practice no § ewa CNL scaled 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 Chief | : alee ’ . < eS Justice's 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 toascertain Ordinance _ how far precedent had ever established the mere use of a seal AUSa TOE HES 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 ner in which the evidence had been prepared, and remarked Yhich that “things were very slovenly managed and that some’ one prilence must be responsible for it.” It was hoped, coming from the “~" quarter it did, such observations would be profited by. 2 aaontat Under instructions from the Secretary of State, on the 19th Secretary- : me ae . ship and November, consequent upon the promotion of Mr. Bruce, it was ‘uditor- announced that the office of Auditor-General would be amalga- ao mated with that of Colonial Secretary and that, pending Her mated. 412 Ch, UIT § HL 1846, Major ‘Caine appointed acting Colonial Secretary and Auditor- General. His promotion well merited. His past career reviewed, HISTORY OF THE LAWS, ETC., OF HONGKONG. Majesty’s pleasure, both of these offices would be filled by the Honourable Major Caine, who now practically relinquished once for all the onerous duties he had discharged for so long in con- nexion with the general'administration of justice. Up to this time, Major Caine had shown a dignified and exact discharge of his official duties, anda more conscientious, zealous, and devoted officer it would have been impossible to find. The records throughout up to this period, despite occasional unfavourable criticisms, show him as one thoroughly imbued with a deter- mination to do his duty, and there could be no doubt that his present promotion had been well merited. His first appoint- 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 Gazette, 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 colow's, 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 Ist. 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 thie 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. ns Deputy Judge-Advocate- Genera] of the Meerut Divisions, as well as Brigade-Major of that station. ‘In 1834, when the force was ordered against Joudpore, Major Caine Giew in the 26th Foot) was appointed Brigade-Major to the Ist Brigade, under Gencral 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 Governineut that the heads of departments should consist of I'ield 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 Grenarticr 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. 111g IU. 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 1846 “‘for the relief of Insolvent Debtors,” were duly published Court. onthe 19th November. On the 23rd of the same month, Govern- Ordinance ment, as in August last, called for tenders for passage to Bomba che oe a : of thirty-one Chinese convicts, and to Singapore of seven other tionof convicts. Under what orders these men were to be transported convicts to 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 gonvicts the most convenient station, the convicts could have been taken taken to over afterwards to Scinde. ae 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. Eiven in a higher quarter his merits were appreciated in a distinguished manner, he having been selected as aide-cle-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, asit 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 at 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 Seerctary and Treasurer. Captain CAINE, ; Chief Magistrate, Hongkong. eee eee mene R bE ere ene Cen ere T OHS eS HOE R ODEs COE HO es HOON OC ete THEE OS Haan AO HOT ROKR Ee HEE ERS BOS ORs BHOEee BES HERCEROS 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 ‘repudiated.’” 114 Ch, TT § 11h 1846, Mr. McSwyney removed from the Coronership, Mr. N. D'E. Parker sueceeds him. HISTORY OF THE LAWS, ETC., OF HONGKONG. The Government had now determined to carry out some reform in regard to the frequent complaints heard latterly in connexion with the administration of justice, and it must have been with some satisfaction that the removal of Mr. MeSwyney from the Coronership on the 24th November ‘was received. The Government then “relieved him from that office,” and appointed Mr. N. D’E. Parker, in his stead. At this distance of time it seems a wonder even that, after his extraordinary remissness in connexion with the verdict returned by the Jury in the case of the abandoned prostitute notived in July last,* that the deceased had died by visitation of God and not through the wicked agency of her 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. MeSwyney was originally Deputy Registrar of the Supreme Court, and had resigned office on the Ist May, 1845, on admis- sion to practise as a solicitor.t ™ Ante p, 101. + See further in reference to Mr. McSwyney, Chap. XI, infra. CHAPTER IV. 1846. The Compton re evel against the decision of H. M. Consul at Canton.—Con- viction of Mr. C. 8, Compton.—He is fined $200 for assault, ete.—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 Officer of, the Crown, upon the Compton Case.—Lord Palmerston’s instructions to Governor Dave regarding x. 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 epee to the Supreme Court against a Consular decigion.— 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 oa Consul at Canton, who, by direction of Her Majesty’s Pleni- against the potentiary, had fined a Mr. Charles Spencer Compton, a, British decison 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 a Cantor 7 5 Bok onviction 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 oo ee riots and bloodshed which had taken place on the latter day, and 4900 for in which three Chinese were killed. It was alleged that by. Mr, assault, ete. Compton’s conduct the peaceful relations between the two coun- Gonsvar | tries had heen 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 | on the 4th July, and for pushing aside a Chinaman on the. firms tlie 8th, which, it was stated, led to the riots previously mentioned. ee Sir John Davis approved and confirmed the fine, but directed tions to the that it should be imposed under Consular Ordinance No. 5 of ae 1844, on the ground that Mr. Compton’s conduct was a breach of Orifnance the treaties with China and, as such, liable to punishment in a oa summary manner under the last mentioned Ordinance, without proceedings the formality of a regular trial by the laws of England. The = series of : blunders, Consul’s proceedings seem to have been-a series of blunders 36, compton from first to last. Mr Compton appealed against the decision appeals to of the Consul, Mr. McGregor, to the Supreme Court at Hong- gene kong. Ina long letter to the Registrar, dated the 6th November, Consul in forwarding the documents to the Court, Mr, McGregor recap ic es HY tulated the whole facts of the case, and the appeal eventually Registrar. 116 Chap. IV. 1846, Consular Ordinance No. 7 of 1844, Chief Justice quashes the conviction. The decision. HISTORY OF THE LAWS, ETC., OF HONGKONG. came before Chief Justice Hulme on Tuesday, the 24th Nov- 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 under the provisions of the Consular 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 assumption on the other without any evidence.” Accordingly he reversed the sentence imposing the fine of $200 on Mr. 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 secn, 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 :-— \ ssterevereseoeseesee eveeethe 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. Hulme’s decision and a copy of the rule. As to the law of the 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 gountries, 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 CASRE. 117 This case, which had absorbed the attention of every one in Chap. Iv, Hongkong for a long time, and was expected to create quitea a6 sensation in England, upsetting everything and everybody, was Local and received with most provoking indifference at Home. “The views Sine ew" expressed in 7he 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- whom Mr. Compton had appealed, appeared fully to approve face 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 tora Pal- Davis, that he entirely approved of his having fined Mr. Comp- metston and 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 °™™* 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. the consular authorities and Her Majesty’s Plenipotentiary, a 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 Council, to aid me in providing as much as possible against the chances of evil ............ * The only point in dispute seemed 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 ina despatch No. 31 of the 24th February, referred io 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 Chap. IV. 1846, Consul and Sir J. Davis to the Home Government. Opinion of the Law Officers of the Crown upon the Compton Case. Lord Pal- merston’s instructions to Governor Davisregard- ing Mr. Compton’s conduct, Governor Davis’ un- called-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, Dun- combe, Publication of the papers for presenta- tion to Parliament. The Comp- ton Case the first appeal to the Supreme Court against a Consular decision, HISTORY OF THE LAWS, ETC., OF HONGKONG. 1847, that Her Majesty’s Government entirely approved of the conduct of Sir John Davis, in directing Her Majesty’s Consul at Canton to proceed against him, and they regretted that, in consequence of the irregular manner in which those proceedings were conducted, he had escaped the penalty which he would otherwise have incurred. The two despatehes in tone and spirit could not have been too much commended, both for their abstract justice and for their practical policy, when such difficult relations have to be maintained as those between this country and China. Mr. Compton had wantonly and offensively provoked some of the inhabitants of Canton, for which Lord Palmerston, in a despatch dated the 24th Feb- ruary, 1847, stated that, in the opinion of the Law Officers of the Crown, he might and ought to have been punished by proceedings in the Consular Court of Canton. Instead of this, he had been proceeded against irregularly, and thus to a certain extent escaped the legal consequences to which he had exposed himself. ‘Under existing circumstances,” continued Lord Palmerston, in the last quoted despatch to Sir John Davis, ‘‘ no further proceedings are to be instituted against him on account of his condyct, but you are not to offer to him any apology or amends for what has occurred to him.” The Goyvernor’s uncalled-for strictures upon Mr. Hulme, the Chief Justice, in connexion with his action in the matter, do not appear to have met with any response from Lord Palmerston, though it is but natural to infer that, having regard to the whole facts of this case, perhaps the Governor had reason to be incensed, at the time, at the ultimate result of the proceed- ings which he himself had directed should be taken against Mr. Compton. This case had excited considerable interest in Canton among the other British merchants, who made it their own ina series of resolutions which were publicly adopted, and forwarded to Government at Home along with Mr. Compton’s account of the affair. Petitions also were sent to England to be presented to both Houses of Parliament by Lord Brougham and Mr. T. Duncombe ; but, as they were never heard of afterwards, it is to be presumed that Lord Brougham at least was too good a lawyer not to perceive in what consisted the weakness of the peti- tioners’ case. ‘ Papers relating to the riot at Canton in July, 1846, and the proceedings taken against Mr, Compton, a British subject, for his participation in that riot,” were afterwards printed and reson to the House of Commons by command of Her Majesty.” These voluminous papers were subsequently reproduced in the local papers and afforded considerable matter for public discussion locally. This was the first case in which an appeal had been made to the Supreme Court from any of the 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 4g45, Justice, who had properly refused to be dictated to, and the Charge Governor,* ending in the latter formulating a charge of drunken- ier 10g Chief Justice ness against Mr. Hulme.t by Governor Sed 7, Davis, * See Chapter VIL., infra. : + See Chapter VIII, infra. Chap. V § I. Major Caine audits the Registrax’s accounts, Arrival of Mr. C. M. Campbell, Barrister-at- Law, from Calcutta. 120 CHAPTER V. 1846-1847. SECTION I, 1846. Major Cainc 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.—Chicf Justice's address to the Grand Jury.—Case of Captain Greig, of the John Cooper.—ltesylt 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. 8. F. Fearon, Registrar-General and Collector of Chinese revenue.—Appointed l’rofessor of Chinese at King’s College. London.—Mr. Inglis appointed to act in Mr. Fearon’s place.—Mr. Fearen’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.—Myr. Hillier acting under orders of the Executive. Com- ments. The soldicrs and the Police. Case 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 responsibilities,—Lieutenant Wade resigns Chinese interpretership of the Supreme Court.— He is succeeded by Mr. J. M. Marques.—New Rules of Court. On the 2nd December, 1846, Major Caine, Acting Colonial Secretary and Auditor-General, was appointed to audit the accounts of Mr. Cay, the Registrar, under the Ecclesiastical Jurisdiction of the Court, and on the 4th, Mr. Charles Molloy Campbell, barrister-at-law, of the Middle Temple, arrived here by the brig Anonyma from Calcutta, having left the latter MR. CHARLES MOLLOY CAMPBELL. place on the Ist November. Under what circumstances he arrived in the Colony, the Court records do not show. It will 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, been appointed Crown Prosecutor to carry on criminal prosecu- tions only, and the local Government was thus left without a legal adviser. Be that as it may, the Court records show that on the 10th December, Mr. Campbell was admitted to practise as a barrister, and on the 14th December, “ subject to the plea- sure of Her Majesty’s Government,” he received the appointment of acting Attorney-General during the absence on sick leave of Mr. Sterling, and was also gazetted on that day a member of the Legislative Council in the place of Major Caine, the Colonial Secretary, who, strangely enough, the records say, had resigned his seat in that Council. No doubt his resignation was to make room for Mr. Campbell, though for what reason is not shown. Admiral Sir Thomas Cochrane, who had figured in Court in connexion with the prosecution for libel against the editor of a local paper in June, 1845, took final leave of this Station on the 8th December, proceeding to Singapore by H.M.S. Agincourt, there to await the arrival of his successor Admiral 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 hinese offenders under sentence of transportation would be sent to the province of Scinde in the East Indies, and that Asiatics and other persons not Europeans under similar sentences, would be sent to Singapore in the Straits Settlements. But deportations to Bombay and Singapore had already been effected in August and November of this year. In consequence of repeated complaints against the Police for allowing prisoners when in their charge to escape, on the 28th December, twelve Indian policemen were prosecuted for this offence and fined $3 each. The Chief Magistrate's Court was occupied several days dur- ing December in investigating a serious charge brought against Captain ‘Greig of the John Cooper, for violently assaulting his crew with lethal weapons and placing the lives of two of them in jeopardy. Mr. Coley:appeared:for the prisoner and Mr. Goddard 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. 121 Chap. V § I. 1846, 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 Inglefield, Transporta- tion 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. 122 Chap. V § I. 1846. Judicial affairs generally in 1846, Review. HISTORY OF THE LAWS, FTC., OF HONGKONG. The year 1846 was conspicuous for the number of murders committed by natives upon their own, countrymen, robbery in many instances being the motive, and in some cases these murders were of a revolting nature, baffling all description. The Govern- ment in several cases offered large rewards for the apprehension of the murderers. Though house-breaking and piraey 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 weli-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 GOURT. 123 though carrying loss of liberty, are not sufficient deterrents to Chap. V § 1. crime such as one would expect from the lawless hordes who then i435, 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. ‘zy Major Caine On the 8th January, 1847, Major Caine and Mr. Mercer, and mr. the Treasurer, were gazetted Justices of the Peace for Hongkong, ee 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 ofthe Ordinance No. 14 of 1845, relating to public cleanliness, the law Disregard of the road, and the proper lighting of the streets, as for instance, eae every householder maintaining a lamp before his door, it was fhe law af notified, on the above date also, that the Superintendent of proper ’ Police had been instructed strictly to enforce them. At the fighting same time persons ignorant of the “law of the road” were streets. . t sf 5% : ; -Maintenance informed that “a horse or carriage, when passing another, ny pe should keep the right, and when meeting another, the /eft hand tamps by side of the road.” * householders to Police. Appointments in connexion with the Admiralty Court f having ppoint- been made sometime before the opening of the Court, these Mums inin 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 in 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.” f See anté p. 95. 124 Ohap. V § If. 1847. 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, HISTURY OF THE LAWS, ETC., OF HONGKONG. Coroner, was also gazetted on the said day as Proctor in Admiralty. The first session of the Court constituted, as will be remembered, under Letters Patent of the 10th January, 1846, and published 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 Chicf 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. The Letters Patent constituting the Court, having been. read by Mr. Cay, the Registrar, the Court being held under the law 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 having elected a foreman, the Chief Justice addressed them in relation to the cases before them, as follows :— “Gentlemen of the Grand 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: al} being for acts committed on the high seas. In the case of tlie Captain, you will bear in mind the power committed to him to enforee discipline among his crew, and it is for you to consider whetlrer 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.” The Grand Jury, after a pretty lone deliberation, returned into Court, and reported they had found a true bill in one of the cases (mentioned specially by the Chief Justice in his - address quoted above) against Captain Greig. A Petty Jury Result of the other cases. Sentence of transporta- for life, Sentence of death. Acquittal of Captain Greig approved of, Incapacity of Mr, Hillier. 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. In the case of Captain Greig, who was defended by Mr. Coley, the Jury acquitted him, thinking him, under the circumstances of the case, justified in acting as he did. In the other two cases, the prisoners were all found guilty, being sentenced to trans- portation for life in the first, and sentence of death being passed in the second. The acquittal of Captain Greig gave great satisfaction. Jt afforded another instance of the gross incapacity of the committing Magistrate, Mr. Hillier, in having sent such a case for trial, but, despite the follies of the Executive, who had 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 § UL to all those who were brought before it. A more trumpery 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- geroug 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 well known that the Magistracy was entirely under the control of Sir John Davis. An intelligent and impartial Jury and an upright and independent Judge, such as Mr. Hulme was, were the best guardians of liberty, and it was deemed a matter for thankfulness, and not unnaturally so under the circumstances, that the community had this protection. The conviction was daily becoming stronger that in the Chief Justice,—considering the independence he had shown on the Bench,—the residents of Hongkong had an invaluable acquisition. This apparently was not spoken in the language of idle compliment, but un- doubtedly embodied the sentiments expressed by those who not only had come in contact with Mr. Hulme, both in private and in public, but had had the opportunity of studying him. The European Police, the subject of so much animadversion in the past, and in whom the public reposed so little confidence, were now being prominently brought before the public by the frequent prosecutions instituted against them. Apart from the other elements of which the Police Force was constituted, this showed primarily that the system of recruiting was defective, 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 prosecutions instituted in the Police Court, within a short time of each other, early in the year, will give an idea of the utter worthlessness of some of these men :— Arthur Robertson, European P. C.—Sentenced to be dismissed from the Foree 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, strack 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.” 1847. Subserviency of the Magistracy to the Executive. The Jury; a protection. Chief Justice Hulme an upright and independent Judge. The best guardians of liberty. Chief Justice Hulme eulogized. European Police, frequent prosecutions against. Defective system, of recruiting, Series of prosecutions against Police. Chap. V § IL. 1847, Comment. Police as Prison warders, Delinquen- cies of Police and procred ings efore the Police Court, Public confidence shaken, Confidence in the Supreme Court. The new Registration Ordinance, No. 7 of 1846, Pirates and thieves, HISTORY OF THE LAWS, ETC., OF HONGKONG. John Legg, European P. C.—Fined $3 for being drunk and using bad language. Henry Chorley, European P, C.—Stationed at the Gaol—fined $7 for. be- ing drunk and unfit for duty. James MceGowan.—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/-. ee 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. 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 above compilation, the Police Constables acted in the capacity of warders as well, and it was no wonder that complaints were made in connexion with escapes of prisoners from the Gaol and otherwise. The delinquencies of the Police, and above all the proceedings before the Police Magistrates, had utterly shaken the faith of the people in the purity of the laws and the rectitude of the local rulers. It was true the Supreme Court stood a bright example of a Christian people, and that justice undefiled ‘was there administered alike to the rich and to the poor, to the Christian and to the heathen. But, unfortunately, before the people of Hongkong had been blessed with a Supreme 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 Registration Ordinance, entitled “ An Ordinance to repeal Ordinance No. 18 of 1844, and to establish a more 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 common thieves who had made Hongkong their chief place of 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 jg; China, and three-fourths of the Chinese population were believed Triad Secret to have been enrolled as members. With such a society flourish- fone tag: 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 274 Police upon the officer charged with carrying its provisions into Under effect. It was based upon the Chinese principle of mutual Gegistration security. Householders were registered, having a delegated Based on power to grant certificates to residents under their roofs, for pe aanls of whose good behaviour they were held responsible. This system mutual. . appeared practicable, and it was hoped would work well, so that “°™* the native population would be purged of the scum which, until recently, had made Victoria their city of refuge. For some Baa months past the bad characters had been gradually leaving’ the aD 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, andthe 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 stbordinates 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. 8. F. Fearon, Mr. Samuel Fearon, the Registrar-Gen eral, who had proceeded Goal ana on leave of absence in July, 1845, and who on the 30th January, Collector of 1846, had been gazetted in London as “ Registrar-General and Revenue. Collector of Chinese Revenue for Hongkong,” received in De- Appointed . cember, 1846, the appointment of Professor of Chinese Language Chinese at and Literature in King’s College, London. On his appoint- Gone ment, Mr. Inglis, who had been acting for Mr. Fearon, since London, his departure in July, 1845, was appointed in his place subject gprointea to Her Majesty’s pleasure. Thus one of its earliest officials les pla severed all connexion with the Colony. On the 20th April, place, 128 Chap. V § IL. 1847, Mr. Fearon’s inaugural lecture, Piracy flourishing. Mr. D. R. Caldwell, Assistant Superin- tendent 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, Comments. HISTORY OF THE LAWS, ETC., OF HONGKONG. Mr. Fearon delivered his inaugural lecture, before a numerous audience, including several of the most distinguished members of the Council of the College, amongst whom were Sir George Staunton, Lord Radstock, and Sir Robert Harry Inglis. In the neighbourhood of the Colony, piracy was still being carried on with the same undaunted defiance, and 8 with a same impunity, especially on the native shipping, but since the appotimanant ot Mr. R. D. Caldwell, whose ‘knowledge of the Chinese language and means of acquiring information of their 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. A Criminal Sessions of the Supreme Court was opened on the 15th February, 1847, and continued its sittings for four days, and, as latterly had been the case, the Court was chiefly occupied with the trial of some paltry cases, consisting mostly of petty larcenies and other trifling offences that should not have been sent to a Jury: so undeniable was this, that the Jury addressed the Chief Justice complaining of being called away from their business to dispose of trifling cases which might well have been disposed of by the Magistrates. The Chief Justice replied 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 with every confidence in their own powers. The system of flog- ging so long practised in the Magistracy had now altogether ceased in consequence of the exposure in the House of Com- mons by Dr. Bowring. It was a fact that before this, many cases of a seridus 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 sent to the Supreme Court. The incompetency of Mr. Hillier, the acting Chief Magistrate, was beyond conception, convictions in cases of mere suspicion being quoted, and it was feared that in troubling the Supreme Court with the number of paltry cases he had recently sent up, he had been influenced by feel- ings not very creditable, namely, that he, no longer being allowed to flog, committed cases with the object of obtaining heavier sentences. However, the Chief Justice was determined.to put a stop to this, and disposed of all minor cases in a summary manner by fine or imprisonment. As Mr. Hillier acted under orders his conduct was considered somewhat excusable, but he THE MILITARY AND CIVIL LAW. 129 was blamed for submitting to the dictum of any cne so long as Chap. V § IL. he was on the bench. By doing so, he degraded the civil law 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. we “In one of the trials at this Sessions, two soldiers of the 18th Regiment, named Thomas Connors and James Williams, were accused of riot and assault in the house of John Cockrill, landlord of the Commercial Inn, on the 5th December, 1847. The Police had refused to interfere when first asked for assistance, 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, the bloody Peelers had nothing to do with them.” The Police corroborated the assertion by stating that they had received orders to that effect.: The Jury returneda verdict of guilty. In passing sentence, the Chief Justice remarked that. “it was a most extraordinary opinion that any order from a Command- ing Officer could exempt a soldier from being amenable to the civil law.” Both Judge and Jury, however, were satisfied that such.an order had been given. ‘The soldiers were sentenced to be imprisoned for, twelve months. =| . 2 _ On the 24th February, the Assistant Adjutant-General addressed a letter to the Colonial Secretary, in which he said :— ‘Tam directed. to acquaint you, for the information of His Excellency the Governor, that the statement attributed to cer- tain soldiers of the 18th Regiment, as regards the issue of an order declaring them to be independent of the Police, is wholly without foundation.” : ‘This denial rather mistified the public, it being clear from the concurrent evidence of the Police and 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 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 ‘tthe 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. i 1847, The soldiers and the Police. Case of Privates Connors and Williams, Military orders anent the Police. The Chief Justice on military : orders and the civil law, Conviction of the | solliers, °° Military authorities . deny issuing order that military are inclependent of the Police. ; Public comment. Actual facts, The records of this month disclose some important civil cases Important tried before the Supreme Court, but no point of law turne upon any of them, d Civil Cases, 130 HISTORY OF THE LAWS, ETC., OF HONGKONG. Chap. V § 1. The resignation of Sir John Davis began now to be generally igi7, _ talked about, and it was hoped, if true, that his resignation. would Sir John — bring about other changes “‘equally desirable.” Upon this Davis eof point there was, however, no certainty, but the appointment: at resignation, least of a-Chief Magistrate, in succession to Major Caine, legally Regarding qualified to perform the onerous duties of his office, was appointment anticipated, With the repeated complaints that had been made crachict from time to time as to the mode of dispensing justice at: the A legally Magistracy, this was considered indispensable, ‘and it was ont thought that no one more than Mr. Hillier himself realized desired. that: fact, fur, according to a Government Notification published Mr. Hillie’s on the Ist March, His Excellency the Governor “acceded to analifeatios. My 11iHier’s request of resizning 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 ‘pleasunéi Mr. Hillier ‘This left Mr. Hillier more leisure for his magisterial work 5 but, pay of a8 Will be seen hereafter, though relieved of a considerable portion his responsi of his responsibilities, the public were not satisfied with him.» / 11it1es, Lieutenant Lieutenant Wade, having intimated his desire to be relieved Chinese ftom the duties of Interpreter of the Supreme Court, which d . 3 i on ge . . ’ aw bs 2s interpreter- appointment he received on the 6th April, 1846, the Governor was ship of the ae a ; w * 6 Lae al ‘ " ire Bat ee : pleased to accept his resignation, and in his capacity of Her wen Majesty’s Plenipotentiary, on the Ist’ March, Sir John Davis appointed Mr. Wade to be Assistant Chinese Secretary and Inter- He is preter, Mr. Jozé Martinho Marques being appointed in Mr. succeeded by & ; i ' Coad ws e. ee sg ’ Mr. J. a. ” Wade's place as ‘one of the Interpreters to the Government and Marques. —- Tnterpretcr and Translator ‘to the: Supreme Court.”” Now Tites The new Rules of Court regulating the sittings ofthe Supreme ' Court, practice and pleading, proceedings in forma pauperis, eri- minal proceedings, and the fees to be taken in the Court, and by attorneys, solicitors. and proctors practising therein, dated the Ist March, having been duly approved of by the Legislative Council on. the 11th of that month, were published on the Ist. April. They were further approved.of and confirmed by ‘ Her Majesty, by Proclamation of the 16th September, 1847. .: 131. CHAPTER VI. -~ L847. 4 | 1 ’ . The House of Commons and British commercial relations with China.—Scleet Coim- mittee appointed.—Lvidence of Lieutenant-volonel Malcolm.—Reason why Hongkong, was ‘séléctuc.-—Report ‘of the Select Committeec.—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 I0of 1844, s. 25. Ordinance No. 15 of 1844, 5. 3.26 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 Coart.— ‘Tail-cutting.’ Authorities shave off place where ‘tail’ was.—Respectable Chinamen dyeading: to. come to Hongkong.—The quasi-tax on prostitutes and the Committée.-—The exposure of the. infamy.—Scrious 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 bis knowledge of, Chinese. 3 Jot Chap VL ve Ow the 23rd March, in the House of Commons, on the motion The House _ of Lord Sandon, after a few words from Mr. Hastie, a Seleet 17 gurer® Committee was ‘appointed to inquire into the condition of our commercial commercial relations with China. The noble lord made a few Tag Gina. . observations. on the state of those relations, but deemed it select unnecessary to go into the subject at length, as the motion was en not to be opposed. Subsequently, the evidence of several yyidence of gentlemen connected with: the Colony’ was taken before the een ; Committee. The following’ evidence of [ieutenant-Colonel Malcolm. Malcolm, who was Secretary of Legation under Sir Henry Reason why Pottinger, affords a complete view of the motives from which Hovekomns Hongkong was selected. It is taken from the Report of the report of Seleet Committee mentioned above :-- eons .“ Chairman .—;What position did. you oceupy 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’ 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......... I was the best situation near Canton. _ 4 Ia choosing: Hongkong, we evidently were not seeking @ territorial hold upon. China,2—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 beeu before ; 26’ Lord Napier and Captain Elliot had been ; whereas if you 132 Chap. VI. 1847, Flogging and cutting oft of ‘queucs’ 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- Gencral., No authority given by local law for ‘tail-cutting.’ . Ordinance No, 10 of 1844, 5. 25. Ordinance No. 15 of 1844, 5. 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. HISTORY OF THE LAWS, ETC., OF ILONGKONG. have an insular position you are protected ; you have your foot upon English ground............the population of Hongkong was about 5,000 when we took possession. Corporal punishment, of which so much had_ been heard, and the cutting-off of the ‘queues’ or tails of the Chinese in addition to the sentences inflicted upon them, also formed the subject of inquiry. The following examination of Colonel Malcolm upon this matter was conducted by Dr. Bowring whose name had now become familiar to most people connected with Hongkong. Colonel Malcolm’s opinion upon the subject. of Chinese ‘ tail-cutting,’ as may be seen hereafter, was not singu- lar: :— 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. As will be seen later on, the system of cutting off the tails of Chinese, at all events as a prison regulation whenever it had not been ordered as an additional punishment of an: offender, was an innovation introduced by Mr. Campbell, the young and in- experienced barrister who was appointed in December last by ~ Sir John Davis to act as Attorney-General after the departure -on leave of Mr. Sterling. Under no law of the Colony , was. such a punishment sanctioned. . Section, 25 of Ordinance No, 10 of 1844, and section 3 of Ordinance.-No. 15 of 1844, which. sanctioned the punishment of offenders. according to Chinese. usage, made no mention of cutting of tails, and certainly amongst. the Chinese themselves such a mode of punishment did. not exist.. As a prison regulation it can therefore only be classed amongst; the, numerous eccentricities of which the above-men- tioned youthful Attorney-General was guilty, during ‘the time he held acting judicial positions of trust in the Colony. The following extract is from the testimony of Mr. Alexander Matheson before the same Committee. Mr. Matheson did not hesitate to give it as his opinion that respectable Chinese dreaded the idea of coming. to Hongkong and: run the risk of having their tails cut off for some offence or other. His evidence as to Hogging and fines in the Police Court will also be found. interesting. In-answer to questions put by the Chairman, he said he considered ‘the fines and fees in the Magistrate’s, Courts excessive.” He had known poor Chinamen fined five dollars and ten dollars each, who did not earn perhaps above 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, Mire DISCLOSURES BEFORE SELECT. COMMITTEE OF HOUSE OF COMMONS. Matheson said that the Chinese alone were flogged ; he never heard ofa British: subject having been’ flogged. ‘To Dr. Bow- 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 place ‘where. the tail was, If they left a little bit of hair they could tie on a fresh tail; but they shave off the roots as well as cut the tail away. He had-no doubt it drove many to desperation and made robbers and thieves of them.” Mr. Hawes.—“ Are they 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 said he believed some of them had their tails cut off; and. he knew that many respectable Chinamen objected to going to Hongkong under the dread of such a thing happening to them. _. Nor was the subject of the various modes of punishment alone discussed before the Committee. The quasi-tax on prostitutes was also gone into. The exposure of this imposition, ostensibly for the upkeep of a hospital in connexion with these unfortunates, it will be remembered, formed the subject of serious charges against the Police in March, 1845,* when even Major Caine’s conduct was brought: into question. The subject was a delicate one. The women referred to paid monthly subscriptions of one and 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 exaction, totally opposed to British law and principles. The 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 appointment of the Parliamentary Select Committee of Inquiry, * Chap. 111, § 11, aate p. 80, 133 Chap. VI. 1847, ‘Tail- cutting.’ Authorities shave off place where ‘tail* was, Respectable. Chinamen_;: dreading ta come to Hongkong. The quasi-, taxon — prostitutes and the Committee, The exposure of the infamy. Serious charges against the Police, The tax an arbitrary exaction. No longer collected after L3- Chap. VI. 1847. appointment of Parlia- mentary Comunittce. Mr. Mathe- son and the contribution by the prostitutes, System no check upon. immorality. Evideuce of Captain Balfour. He eulogizes Major:Caine ‘and Mr, Hillier, and the latter for his knowledge of Chinese. HISTORY OF THE LAWs, ETC., OF HONGKONG.: °-: for since its inception, the tax. had. ceased to'be collected. It was thought'that probably Sir John Davis had deemed it advisable at once to disallow any’ connexion of the Government with the tax, in regard. to which, however, there was no denying some of the Government officials had been closel y associated. in ene form or another. In reply to questions by Mr. Hawes, Mr. Spooner, Mr. Moffatt,.and Dr. Bowring, all members of the Committee, Mr. Matheson stated that . there was no doubt.in the Colony that “each house of. ill-fame paid five dollars a month and each woman one dollar” as a contribution. van aid 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 know.” In answer to Dr. Bowring, Mr. Matheson replied that he did not think this: system was in any way a check upon the public immorality in Hongkong. Anothet important. witness heard by the Select Committee, was Captain George Balfour’ of the Madras Artillery. He had formerly been British Consul at Shanghai and spoke of the improvements he had noticed in connexion with Police wark, due m great ULE, ihe thought, to Major Caine and Mr. Hillier. He ‘said :- “ET must state that I was surprised, to find the improvements which: had 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 _& very efficient officer, of, reat distinction, and has long been entrusted, ‘poth _ in India and China, with very confidential employ ments ; ; the atlier, Mr. Hillier, whom I have also known for some timé, is a zéalous offievr, and lias well qualified himself. for the performance of his Police duties by. acquiring: the Chinese Janguage.” : CHAPTER VIL 1847. —— . —= Disallowance of Rules of Court by Home Government.—Ordinance No. 15 of 1844.— 7 Ordinance No. 6 of 1845, s. 23.—Expedition to Canton.—Devarture of Governor Davis and Major-Genera] D’ Aguilar with the, ixpedition.—-Major Caine, Commandant of Hongkong. Success of the Expedition.—Return of troops to Hongkong.—Fear of disorder in Hong- kong duning absence ‘of troops, Police precautions.—-Meeting of Triad Secret Society.— Consular Ordinance re 1 of 1847,—Withdratval of appeal to Supreme Court of Hongkong against’-Consular dedisions.=-The Compton ‘Case.—Governor Davis had asked’ the Chief Justice to confirm the sentence.—The Chief Justice. disregarded the, wishes of Governor Dayis.—Governor Davis and his attitude towards the Canton merchants after the reversal of the decision.—Governot Davis asked fot pawers to prevent appeal from Consular Courts. Governor Davis’ instructions to Consyl McGregor.— Ordinance No, 4 Jof .1847,— British subjects deprived of right of, appeal to the Supreme Court.—Ordinance No. 6' of 1844. aOrdinanee No. 1 of 1847;:: Powers of the Superiztendent of-Traile ‘thereunder.—Con- sular Ordinance Nos. 1, 2,,and,6 of 1844,—Liberties and: prospacts of Iinglishmen at mercy ofwhqualified nien.— April Criminal’ Sessions.—Sentencés of death.—Four European Police sentenced to:imprisonment for larceny:—Sitting’ of the Vice-Admitalty. Cowt.—The Chim: mo Bay piracivs.—A convict Too Apo regejves a free, pardon ‘and gives. evidence: in the case.— He’ ‘bé¢omés 2 piraty approver.*—His infamous conduct afterwards,—Comments upon the last sitting of the Vice-Admiralty Court.—Unfortunate disagreement between the Gowernor and the Chief Justice.—The Governor and the Chief Justice hold different Courts.— Discussion between them afterwards.--Govetnor' Davis threatéfis to suspend the Chief Jystice:--He. 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- firned‘as Uolonial Secretary and Auditor-General. —Nothing known as to His suecessoi——Mr. Hillier considered not qualified.—Hulogistic 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 poptlation.—Effect of substitution of imprison- ment for flogging —-Convict Sinclair pardoned.——Original sentence of transportation could notibe carried out:-~Redson.-+-Mr. Shelley appdinted' Assistant Auditor-Gerieral of’ Mau- ritins.-—-Pyblication;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.— Consnlar Ordinance No. 7 of 1844,+The Compton Case._-Regina v. Larkins.-+Charged with breach of Post Office Regulations—Strange verdict, of the Jury.~Authorities cen- sured.—-Admiral Coehrane.—Admiral Inglefield—Frauds ty 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. Prdsecution of Mr. Tarrant and Afoon for conspiracy to injute character of Major Caine.—Mr. Tarrant’s defence.—.Major Caine’s eompradore absconds.—Land. _ Com- laints as to land tenure and. high Crown rents.—The Government of India pass Act xi of 1847 authotizing 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.--Encrdachment upon the powers of the Supreme Court.—Police Qgurt inspires no confidence.—A legally qualified Chief Magistrate. desired.—Lord SM ohaak A¢t.—No hope of ameliotation under Sir John, Davis.—Futile appeal to the Chief Justice ‘for amelioration of effairs—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.-~Ordjnance No, 6,of 1847.—Rapid promotion of Mr. Hillier and to what it was due.—Chiet Jastice rio hand in’ the mhatter.—Mr. Hillier a zealous officer-His merits nepgncleds =H ls 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 objeet' of Ofdinance ah encroachment upon Supreme Court.+ Comments npen Mr, Hillier’s nae cations.+;His-submissive acquiescenée to the wishes of the Execu- tive.—A Magistrate deferring to the will af another.-- Vagrant paupers hunted up and flog- ged, ete,--Disgiasting sight/—Some of the culprits lepers.—Flogping again ‘discussed, + 136 Chap. VII. Disallowance of Rules of Court by Home Government, Ordinance No. 15 of 1844, Ordinance No. 6 of 1845, 8, 23. Expedition to Canton. Departure of Governor Davis and Major- General D' Aguilar with the Expedition, Major Caine, 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 postponcd.—Return of Governor Davis from Cochin China.—Com- plaintsagainst 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. C0. §, Plege- thon sent after the convicts.—Those captured.—Conduct of captured convicts on board the Phlegethon.—Their trial at Singapore.—The Recorder's summing up.—Extraordinary verdict of the Jury.—Sentence of death recorded.—Sentence of tra nsportation.—Recorder's comments on the verdict,—No military guard on board the General Woed.—Due precau- tions not taken on board.—Insurance on the vessel disputed.—Kuropean Constable Thompson pardoned.—Soldiers also pardoned, ye ; By Government Proclamation, dated the 26th March, 1847, it was announced that the Home Government had disallowed certain Rules of Court before alluded to herein, dated the 11th November, 1844; the three rules of the 13th January, 1845; the general rule of Easter term, 1845; and the rules of Michaelmas term, Ist November, 1845. Under what powers, and for what reason, it was necessary to submit these rules to the Home authorities for approval or otherwise, and however anomalous, is not ap- parent. Suffice it to say that the Supreme Court. Ordinances No. 15 of 1844 and No. 6 of 1845, s. 23, gave no such direc- tions. att The repeated insults offered to our countrymen, and the restrictions upon their privileges, seemed to have at length con- vinced the Home Government of the expediency of adopting a- more decided course in dealing with the Chinese. In conse- quence of the evasive and unsatisfactory conduct of the Chinese Minister, Her Majesty's Plenipotentiary communicated with the General, and determined with him on the necessity of pro- ceeding, with the co-operation of the Navy, with a force to Canton to demand certain points on which hehad been instruct- ed to insist, by Her Majesty’s Government. Accordingly, on the Ist April, it was ascertainel that an expedition to Canton was intended, and the impression was, that Sir John Davis was about to demand some important concession—either the residence of an ambassador at Peking or the immediate entrance to the City of Canton,—the justice of the latter demand having been admitted by the Imperial Commissioner a year ago. Some other matters also called for redress. Early on the morning’ of the 2nd April, Sir John Davis and Major-General: D’Aguilar em- barked and the vessels sailed.. With the concurrence of the Governor, the General gladly availed himself of the services of Major Caine, and appointed him Commandant of Hongkong during the absence of the General and the main body of the Commandant troops on service at Canton, and the Governor also appointed of Hongkong. Major Caine to administer the Government during “ the tempo- rary absence of himself and the Lientenant-Governor.”’.. RIGHT OF APPEAL FROM CONSULAR DECISIONS WITHDRAWN. The expedition was singularly successful and the results were best appreciated by those who had marked the course of former negotiations with the Chinese when we were met at every step with affronts, evasions, and delays. Even the Pottinger treaties had not secured us against them, so far at least as Canton, the principal seat of commerce, was concerned, After the expedi- tion had fulfilled its object, on the 8th of April, the troops embarked and returned to Hongkong. It was feared at one time that, during the absence of the fleet and of the main body of the Forces, Hongkong would be attacked and plundered, but besides the military precautions it would appear that the Police arrangements were equally efficient, the Force being scat- tered all over the town to prevent any assemblage of Chinese, oe to watch such suspicious persons as might be seen lurking about. Mr. Caldwell, the Assistant Superintendent of Police, hav- ing received information of a meeting of the Triad Society being held at Wong-nei-chung for the purpose of planning an attack on the town, proceeded in that direction, and observed groups of men, amounting to. about two hundred, coming down the hill. Seeing one of them with a wound on the eye and blood on his jacket, he stopped him and found in his pocket two books: of the Triad Society. This man, together with several others, was arrested and afterwards ordered to furnish security. eS Karly in the year, the Governor, as Superintendent of Trade, passed the Consular Ordinance No. 1 of 1847 which took from British subjects the right of appeal to the Supreme Court in cases of Consular Jurisdiction. It will be remembered that, in November last, Mr. Compton had appealed against the decision of the Consular Court at Canton. Sir John Davis had had the audacity and’bad taste to write to the Chief Justice telling him in other words that it would be highly inconvenient to the Government if Englishmen were to be allowed the benefit of law and justice in China, and asking him to confirm the sentence. The reversal of the sentence, notwithstanding this appeal, seems to have gulled Sir John Davis extremely, and it was evident that so long as the Chief Justice took an independent view of the discharge of his judicial duties and disregarded the wishes of the Governor, the petty oppressions of Consular ignorance would not be repeated and the Consular officers and the Superintendent of Trade himself kept within the bounds of established law. But this was intolerable to Sir John Davis, whose animosity towards the merchants of Canton had hecome so noticeable since the Compton case. Thwarted in his unworthy attempt to tamper with the Judge and to coerce the residents, he wrote Home to Lotd Palmerston denouncing the merchants 137 Chap. VIF. 1847 x Return of troops to Hongkong. Fear of disorder in Hongkong 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 Chiof Justice to confirm the , sentence, The Chief Justice disregarded the wishes of Governor Davis. Governor Davis and his attitude towards the Canton merchants 138 Chap. VIT. 1847, 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 Super- intendent of Trade thereunder, Consular Ordinances Nos. 1, 2. and 6 of 1844. Liberties and prospects of Englishmen at mercy of unqualified men. April Criminal Sessions. Sentences of death, Four European Police sentenced to imprison- ment for larceny. HISTORY OF THE LAWS, ETC., OF HONGKONG. as a lawless and turbulent community, and asking for powers to prevent an appeal from the Consular Courts. In his despatch of the 25th November, 1846, after unfairly commenting upon the decision of the Chief Justice. and regretting his interference in “international cases,” it will be remembered that he had said that “some fresh Ordinance was inevitably required to prevent such mischievous interference” * in future, and after obtaining the powers he asked for, a plausible opportunity now offered to deprive those under the jurisdiction of the Consular Courts of the protection of the Supreme Court of Hongkong. Accordingly, such an opportunity was now laid hold of after our relations with China and the security of foreigners at Canton, had been settled. After returning to Hongkong, Sir John Davis wrote to the Consul, Mr. McGregor :—‘ It will be your duty to control British subjects in accordance with the expressed views and intentions of Her Majesty’s Government, and my late Ordinance No. l of 1847 has strengthened your hands in a manner which leaves nothing wanting.” This perfection of legis- lation strengthened the hands of the Consuls by depriving British subjects of the right of appeal to the Supreme Court as provided by Ordinance No. 6 of 1844. Englishmen were thus placed without the pale of English law. Ordinance No. 1 of 1847 gave the Consul jurisdiction in all cases “ which shall not appear to him to deserve a greater punishment than 12 months’ imprisonment or a fine of $500,” the Superintendent of Trade having power to remit or mitigate the punishment. Sir John Davis thus usurped the privileges of the Supreme Court as was provided for by the Consular Ordinances Nos. 1, 2, and 6 of 1844, and, ignorant of law as he confessed himself to be, he would now adjudicate upon points involving the most important interests, and thus the liberties and prospects of Englishmen be at the mercy of men who were professedly unfit for their posi- tion. The Ordinance, moreover, was constitutionally improper and had been passed without the customary suspending clause. So much for the boasted liberty of the subject.t The April Criminal Sessions of the Supreme Court opened on the 15th of that month. The calendar was light compared with the previous sessions, but some of the cases were serious ; four men were sentenced to death for murder and robbery and four European Police Constables accused of larceny in a junk in the harbour, on board of which they had been placed as a guard, were sentenced to twelve months’ imprisonment. One of these, Charles Thompson, received a free pardon on the 12th November, but for what reason is not apparent. * Anté Chap. Iv., p. 116. d ‘ ¢ Upon the subject of Consular decisions, sce further Chap. XII., and x1v., infra, and Volume II., Chap. XXxIX, and XuItI, : * — pain? DISAGREEMENT BETWEEN THE GOVERNOR AND THE CHIKF JUSTICE. A Vice-Admiralty Court was held on the 20th April, accurd- ing to notice. There were twelve cases for trial, and the Grand Jury found true bills in all, the most important cases being those connected with what was known locally as the Chimmo Bay piracies, when the captains, officers, and part of the crews of the ships Caroline and Omega were murdered. From informa- tion received, Mr. Caldwell, the Assistant Superintendent of Police, took into custody several men at different times on suspicion, but the legal evidence against them was incomplete until one of the gang was seized by the Chinese Magistrates at Canton for other crimes and, being subjected to torture, confessed his participation in the Chimmo piracy ; other disclosures were none the less remarkable. [or the assistance rendered by a prisoner named: Too Apo in connexion with this matter, and who had turned Queen’s evidence, Too Apo, who had but recently been convicted of robbery and sentenced to transporta- tion, received a free pardon and was released on the 19th April, the day before the opening of the Vice-Admiralty Court, which thus enabled this “infamous” witness to appear in Court and give evidence in a different garb than he would otherwise have done. Upon the conclusion of the cases, Too Apo was taken on in the Police as a piracy approver. How he contrived after- wards to deceive the authorities and to turn his infamy into account will be seen later on. Apart from this incident, some observations appeared to be called for, in regard to the proceed- ings at the above Sessions of the Vice-Admiralty Court. There were a dozen cases to try, the sittings commenced on Tuesday, the 20th April, and for the Thursday following, the 22nd, the sittings of the Supreme Court in its summary jurisdiction had already been fixed, so that in reality twelve cases had to be disposed of in two days. Owing to some blunder in framing the indictments, five cases fell’ through, and the Chief Justice, having regard to the state of the business, had previously communicated with the Governor as to the unsuitable date which he (the Governor) had fixed for the holding of the Vice-Admiralty Court, but to no purpose, the Governor insisting, for some unknown reason, upon the latter Court being held on the 20th, although the 22nd had been previously fixed for the Summary Jurisdiction. In accordance with the Governor’s orders, therefore, the Vice-Admiralty Court was opened on due date, but the Chief Justice continued to hold the Criminal Sessions, which had not yet. concluded, the Governor presiding at the Vice- Admiralty Coart. Later on, the Chief Justice joined the Governor on the bench of the latter Court, when it was understood that some unfortunate disagreement had arisen 139 Chap. VI. 1847. Sitting of the Vice- Admiralty Court. ; The Chimmo 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, 140 Chap. VIL 1847. Diséussion: between them afterwards. Governor Davis threatens to suspend the Chief Justice. He 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 confirmed. as Colonial Sceretary and Auditor- General. Nothing known as to his successor. Mr. Hillier considered not qualified, Eulogistic article in the Dublin HISTORY OF THE LAWS, ETC., OF HONGKONG. between. them, but one can infer from what has preceded that the fact of the Chief Justice continuing to hold the Criminal Sessions while the Vice- Admiralty Court was being held by Sir John Davis, was one of the topics of discussion between them. In the course of this discussion it was understood that the Governor had threatened to suspend the Chief Justice,—the right of the latter to be addressed as ‘His Lordship” being, moreover, called into question by him. Tomlin’s Law Dictionary: was referred to under the head of /Mominus, and it was there found that the “ Lord Chief Justice” was specially mentioned as entitled “Lord” by courtesy. Naturally, this matter did not escape criticism, and Sir John Davis’ right, except by a similar courtesy, to be styled “ His Excellency” was itself afterwards discussed. But all this petty spite on the part of the Governor, as will be seen afterwards, was only the commencement of'a series of persecutions on his part, in consequence of the Chief Justice’s refusal to allow himself to be improperly dictated to in connexion with the Compton Case before alluded to, and wherein Mr. Hulme had upset the Consul’s conviction though requested privately by the Governor to uphold it. It was considered that Sir John Davis’ dodye of trying “to ride in upon the merchants” in Canton (allusion being doubtless had to his references to them in connexion with the case of Mr. Compton) was now “to ride over the Court.” This was the result, it was said, of putting potver into hands unfitted to wield it. ‘i 5 3 “ England’s broad wing hath raised him (no bad hack) A tom-tit twittering on an eagle’s back.” The Chief Justice also sat in summary. jurisdiction on the 22nd and 23rd April, as announced. A vast amount. of labour was. thus thrown upon him-and the officers of the Court, and had not the acting Attorney-General broken down in five of his cases, it’ was almost certain that the Admiralty Court would have taken several days, and. the consequence would have been the postponement of the small debt Court, to the greater or less inconvenience of the suitors, On the 23rd April, a despatch was received from Home, confirming the appointment of Major Caine to the joint offices of Colonial Secretary and Auditor-General, an amalgamation effected last November as before mentioned. Nothing was known as to Major Caine’s successor, and the wish was again expressed, and not unnaturally so, as may well be imagined, that a thoroughly competent nan would be found for this post- Mr, Hillier’s qualifications did not fit him for the position, and there were other offices for which he was qualified. Captain Balfour in his examination before the Select Com- mittee of the House of Commons upon Chinese affairs. it will be MAJOR CAINE, 141 recollected, spoke highly of the merits of Major Caine, and in Chap. VIL. addition to his services, as noticed in November last year, The — yaj7. Dublin University Magazine for July, 1847, in an article upon University Hongkong and some of its officials also, had the following Soler Cale, eulogistic paragraph with regard to Major Caine :— “MAJOR CAINE.” “There is a member of the ‘Colonial Government who, in the general estimation, is one of the few in authority perfectly qualified, in every respect, to govern, commani, and enforce respect—possessing that suavity of manner, and hospitality of disposition, which has obtained for him the universal esteem of the mercantile body, and of all who have the pleasure of his acquaintance. Experience has taught him the true character of the Chinese. His unflinching firmness, and his just and impartial conduct on the bench, produced such an effect upon them, that one word from him is sufficient to secure their respect and.attention. Those who know, China will have antici- ae the name of Major William Caine, the Chief Magistrate of Hongkong. hen I first anchored in Victoria harbour, I was’ much struek with the estimation in which this gentleman was held. Not being understood by some Chinese who came on board, when I asked “ Who is the Governor here?” I changed the form of the inquiry, and asked ‘“ Who is the great man?” The immediate reply was “Major Caine.” They knew nothing of Sir Henry Pottinger, nor of Sir John, then Mr. Davis. On many occasions I have tried varions Chinamen, and questioned them about the Governor, or No. 1 Mandarin, but they knew nothing of Sir John Davis !—while I have invariably found the name of Major Caine sufficient to deter them from extor- tion ‘or insolence.” Judging from the records, this was by no means an exagger- Major Caine's ated account, but Major Caine’s conduct taken in connexion with fo ™ the suspension of Chief Justice Hulme in November of this year, to Chief however much he may have been the tool of Sir John Davis, Hun’ will ever remain a blot in his official career in Hongkong. He suspension. undoubtedly was aware of the antipathy which Sir John Davis entertained for the Chief Justice and the reason for it, and yet supported the former in his infamous attempt to ruin, without any reason, the character and reputation of an upright, inde- pendent, and conscientious judge, and no honourable man under the circumstances could think otherwise than that Major Caine’s conduct in the matter was highly reprehensible and undignified. The case respecting the sentences of flogging brought before ‘he effect of Parliament by Dr. Bowring in August, 1846, as might have ae been expected, broke down, and though the exposure appeared motlondn ‘ to have had the effect of almost entirely stopping corporal Commons punishment, it only resulted, doubtless after due inquiry, in against the issuing of fresh instructions from Home to resume the Hopekinn practice. logging was by no means considered unsuitable to Flogging as the criminal population of the Colony, but the atrocities per- egnsthe -petrated in the name of justice had gone beyond all bounds of population. 142 Chap. VIL. 1847. Effect of substitution of imprison- ment for flogging, Convict Sinclair pardoned. Original sentence of transporta- tion could not be carried out, Reason. . Mr. Shelley appointed Assistant Auditor- General of Mauritius. Publication of certain provisions relating to the government of Her Majesty's subjects in China, . Quecn’s Oider-in- Council of 17th April, 1844, Act 6 and 7 Vict., Cap. 80, Consular Ordinance No. 7 of 1844. HISTORY OF THE LAWS, ETC., OF HONGKONG. reason, especially having regard to the sanguinary and merciless despotism with which it had. been practised. In the Police Court on the 27th April, a labourer accused of being a rogue and vagabond, and with stealing a piece of wood, was sentenced to receive twenty-five strokes of the rattan. This was believed to have been the first sentence of whipping inflicted for some considerable time. Under ordinary circumstances this case would probably have gone to swell the list of cases committed for trial. So far the community had been obliged to Dr. Bowring, since the substitution of imprisonment for flogging, instead of checking crime, had encouraged it by holding out at worst the prospect of house room, regular meals, and light labour to idle rogues and vagabonds, besides crowding the gaol and throwing on the Supreme Court many petty cases which might have been much better dealt with by the Magistrate in asummary way. But though flogging had been resumed as'a necessary punishment in such a community as this, it was hoped that more discretion and discrimination would be exercised in future than had been displayed in the past, and the sentence recorded above, compared with the past, gave one the idea that this would be so. Henry Daniel Sinclair, convicted of piracy and sentenced to transportation for life in June, 1845, and who together with others had effected his escape from prison in July, 1846, being shortly afterwards re-captured, received a free pardon on the 29th April, 1847. Apart from the fact that probably be had now been considered sufficiently punished, doubtless his release was partly due to the fact that it had not been found practicable to carry his original sentence into execution, inasmuch as, since the cancellation of the Order mentioned in March, 1844, authorizing transportation to Van Diemen’s Land, no other place had since been substituted for the reception of such convicts. Mr. Shelley, Clerk of Councils, who had arrived in the Colony in 1844, and who on several occasions had acted as Hindustani Interpreter to the Supreme Court, was now appointed Assistant Auditor-General of Mauritius. Under instructions from the Home Government, the Governor, as Her Majesty’s Plenipotentiary and Chief Superintendent of Trade, caused the Queen’s Order-in-Council of the 17th April; 1844,* published under the Act 6 and 7 Vict., Cap. 80, “ An Act for the better government of Her Majesty’s subjects resort- ing to China,” ¢ to be re-published on the 28th May, 1847, as. well as the Consular Ordinance No, 7 of 1844, which related to the same subject. This was done, as will be noticed, after * Ante p- 43, me 1 wits f dAnté p. 28, REGINA VU, LARKINS. the hearing of the Compton Case, and evidently with the idea that these enactments were'not sufficiently known. The case of the Queen rersus Larkins, which had excited considerable local interest, came on for hearing on the 2nd June, before Chief Justice Hulme and a special jury. Captain Larkins was proprietor of the steamer Corsair plying between Hong- kong and Canton, and was charged with having, during twelve months from February, 1846, to March, 1847, carried letters not excluded from the exclusive privileges of the Postmaster- General. The penalty provided by Statute was either five pounds for each letter or one hundred pounds for every week the practice was continued. The Crown claimed the latter, 143 Chap. VII. 1847. The Compton Case. Regina v, Larkins. Charged with breach of Post Office Regulations. amounting to £5,200. The Jury found the defendant guilty of Strange one breach of the Statute, thereby rendering him liable in a single penalty of £100, recommending a remission of the fine on the ground that the defendant was rendering a public service, and accompanying their verdict with a censure of the authorities for having permitted the system to go on so long (upwards of a year) unchecked—a remark very proper in itself, but rather strangely appended toa verdict which found that the offence had been committed during one week only. H.M.S. Agincourt, which had left Hongkong in December, 1846, with Admiral Cochrane on board, left Penang for England at day- light on the 15th April, in company with H.M.S. Wolf. In the verdict of the Jury. Authorities censured, Admiral Cochrane evening Admiral Inglefield hoisted his white flag at the mizen of Admiral 5 the Nemesis under a salute from H.M.S. Dedalus and the Penang Fort, remaining in Penang for a time and arriving in Hongkong on the 24th July, to assume command of the squadron. In June, 1847, some disclosures were made relative to certain frauds committed by the compradore in the service of Major Caine, and it was hoped that this would help to check the sys- tem of fraud and extortion which had so often been entailed upon official transactions in the Colony. It was asserted that Major Caine’s compradore for a considerable period had induced the leaseholders of the Central Market and others to pay him moneys to obtain his master’s good-will. Had the man practised extortion in his own name the crime would have been less heinous, but he used the name of his master, thus bringing the character of public officers into disrepute among the Chinese. Mr. William Tarrant, for several years employed in the Surveyor- General’s Office, brought these charges of extortion to the notice of the Government on the 8rd July. The charges implicated in a minor degree the compradore of the Treasury. ‘The Governor at once appointed a Committee of Inquiry consisting of Mr. Campbell, the acting Attorney-General, Mr. Hillier, the acting Chief Magistrate, and Mr. Caldwell, Assistant Superintendent Ingleficld. Frauds 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 144 Chap. VIL. 1847. Afoon for conspiracy to injure character of Major Caine. Mr. Tarrant’s defence. Major Caine’s compradore . absconds, Land. Complaints as to land tenure and high Crown rents, HISTORY OF THE LAWS, FETC., OF HONGKONG. of Police and Chinese Interpreter. The result of the inquiry, as reported upon by Mr. Campbell, ended in the prosecution of Mr. Tarrant, who was committed for conspiring to injure the character of Major Caine and held to bail to take his trial at the October Sessions, together with one Afvon, he also being concerned in the alleged conspiracy. Mr: Tarrant denied that he had wished to injure the reputation of Major Caine ; that on the contrary he considered he was doing him a good service by exposing the knavery of a person in whom he had placed con- fidence. In the meantime, a most suspicious element in the case, Major Caine’s compradore had levanted from the Colony ! Complaints having arisen from the landowners in regard to the land tenure of the Colony, and the high Crown Rents, it was, after much consideration, represented to the Secretary of State, first by Sir John Davis and afterwards by Governor Bonham* that the extension of the term of 75 years on which the lands of the Colony were then held, or the grant of the lands in perpetuity, would be accepted as a boon by the mer- chants. The complaints of the landowners had reached the House of Commons, and a Select Committee of that House, it will be remembered, was appointed to investigate the commercial relations with China and the state of Hongkong. The feelings of the landowners with reference to the land sales and land tenure appears in an article in The Friend of China newspaper, of the 24th July, 1847, as follows :— “The land sale of January, 1844,§ with all its injustice will at length be brought to light ; but whether it will lead to any reduction of the present rates of ground rent is doubtful. We are in hopes that justice will be done so far as refers to the land tenure, by giving those who have built substantial tenements a more permanent title than a lease for seventy-five years., It certainly was not the intention of Her Majesty’s Government that at the expiration of the lease the land and buildings should be put up to public competition. As the proprietor is bound to keep the property in an efficient and habitable state, it would be unfair that the houses he built should be sold to another. Such things have happened, however, as witness, the sale of January, 1844, at which grants with improvements were sold to the highest bidder, to the discredit of the then existing Government. The odium of these sales will rest upon Sir Henry Pottinger and lis advisers, and the uh- scrupulous manner in which he seized upon private property will not add to his reputation. We are satisfied that though instructions were received not to alienate the land, the same despatch provided for a clause, by which the lease should be renewable for a further period. Though the language is purposely ambiguous, this is admitted by Sir Heury Pottinger in his letter to the landholders, dated the GthY March, 1844. We quote the passage,— ‘looking to the instructions from England, although it has not been consider- ed that a positive stipulation on the subject could be introduced into the Leases, yet Her Majesty’s Government will be moved to place on record that it shall be understood that at the expiration of the present leases, the offers of the occupants of the different premises shall have a preference over all * See Chap. X. and XL, iafra. : + Anté Chap. VI. § See Chap. I., anté p. 36-—also on the same subject, Chap. 111., anté p, 71. LAND, others, and that they shall be allowed to renew their leases on favourable terms for such further period as may then be deemed just and expedient.’ Mark the words, ‘it has not been considered that a positive stipulation on the subject could be introduced into the leases.” Whose opinion ‘was this ? The opinion of Sir Henry Pottinger and his legal adviser !—certainly uot ; the opinion of the advisers of the Crown, The instructions Sir Henry refers to did, in all likelihood, provide for a ‘ positive stipulation’ that the leases should be renewed, on the same terms ; but Sir Henry Pottinger entertained the opinion that at some future period building allotments in Hongkong would become immensely valuable, and therefore he did not consider ‘that a positive stipulation could be introduced into the leases.’ Sir Henry Pottinger wished to secure to the Crown any increase in the value of land at the expiry of seventy-five years, upon which the present holders built expensive and substantial houses believing that their title would be in perpetuity. Sir Henry did not perceive ald the injustice of this mea- sure,.or he would have hesitated before he sanctioned, or rather adopted it. He says—‘ Her Majesty’s Government. will be moved to pluce on record ete.” But what evidence is there of such a record ? and seventy-two years hence how are the occupants to prove its existence except by the loosely-expressed paragraph we have quoted? The leases would have been the proper place to have recorded this, but they are silent on the subject.’ Supposing the record dvly made and admitted, it is not enough that the occupants should have a preference in renewing the leases. Justice demands more than this. If others, are willing to pay a higher ground rent, it should be stipulated that they take the buildings at a fair valuation. This may not have occurred .to Sir Henry Pottinger, but it is so reasonable that few will dispute it. It is hard enough that those who-first came to the Colony—or rather their heirs — should be deprived of every possible advantage which may accrue from an increased value in land that ought to have been their own ; but if they are to be deprived of their houses, or compelled to re-purchase them, it will be a gross violation of justice.” : It is doubtful whether this point will be brought to the observation of the Committee, as even here, Sir Henry Pottinger’s letter and its admissions appear to have been forgotten. Should the matter be overlooked, it will then remain with the landholders, either to submit to the sacrifice of their property, or respectfully petition Her Majesty in Council, that a clause be endorsed ov the leases to the effect, that they will be renewable on the pre- sent terms, or, if again put up to competition, that the proprietors be re-im- bursed for improvements.” On the 7th August, the Government of India passed the Act No. XI. of 1847, authorizing the Governor of Prince of Wales’ Island (Penang), Singapore, and Malacca to receive in the said Settlements convicts “who had been duly sentenced to transportation by any competent Court” in Hongkong. In pursuance of the said Act, the Governor directed, on the 23rd September, that any offender convicted in the Colony and being under sentence or order of transportation, be sent by the earliest opportunity to the said Settlements. In August and September, the local Government had advertized for a passage to Penang for sixty-one convicts, and these undoubtedly were the men who, with. others added to. their number, on departure from Hongkong in November, mutinied and captured the vessel on their way thither on board the General Wood, as will be found mentioned : hereafter, 2 F 145 Chap. VII. 18-47, The Government. of India pass Act xi of 1847 authorizing transporta- tion to the Straits Settlements from Hongkong. Tenders for passage of 61 convicts to Penang. The ship General Wood and. the mutiny of convicts, 146 Chap. VII. 1847, Ordinance No. 6 of 1847, Summary jurisdiction of Police Magistrates and Justices of the Peace extended. Encroach- ment 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 amclioration. under Sir John Davis. Futile appeal to the Chicf 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 sce the indictments, Sir John Davis’ vin- dictiveness, a! HISTORY OF THE LAWS, ETC., OF HONGKONG. Ordinance No. 6 of 1847 extending the summary jurisdic- tion of Police Magistrates and Justices of the Peace in Hong- kong “with a view,” as the preamble stated, “to diminish the number of prisoners from time to time in gaol, and to lessen the expense attending the detention of Crown witnesses,” passed the Legislative Council on the 9th September. The measure was considered in some quarters as an encroachment upon the powers of the Supreme Court; but, be that as it may, the Magistrate’s Court inspired less confidence than ever, and the new Ordinance made matters worse. No news had yet been received of a successor to Major Caine, and with the passing of such an important Ordinance as above, it was again suggested that none but an experienced and legally qualified person should be appointed to the Chief Magistracy. Such legal qualifications were required at Home, and Lord Brougham’s Act provided that no person shall be eligible for the position of Chief Magistrate who had. not five years standing as a barrister. The public, however, had no hope of any amelio- ration in the Magistracy under the rule of Sir John Davis, but, with his knowledge of local affairs, it was hoped that the Chief Justice would set his face against an Ordinance which gave the Executive any control over the law Courts, and rendered the com- munity amenable to the judgment of men who were confessedly unacquainted with the laws of the country,—a very futile appeal in all conscience having regard to the relations between the Chief Justice and the Governor ! Sir John Davis left the Colony for Cochin China on the 6th October, 1847, in H. M. 8. Vulture, Captain MacDougall, accom- panied by H. M. sloop of war Ringdore, Captain Clifford. His visit was understood to have relation to the then existing commercial relations with Cochin Chiva. During his absence, Major- General D’ Aguilar assumed the reins of the Government. A sessions of the Vice-Admiralty Court was held on Friday, the 8th October. There were eight cases on the list, and the Grand Jury found true bills in all of them. In his charge the Chief Justice stated that “he had not been allowed to see the indictments,’—a most extraordinary statement which under any circumstances could not but appear unjustifiable and which at this distance of time can only be traced to Sir John Davis’ vindictiveness to Mr. Hulme. Mr. Parker obtained the postpone- ment of one case on the ground of the shortness of the notice of trial served upon the prisoners, and the acting Attorney-General, Mr. Campbell, suffered another slip through his fingers, by'a flaw in the indictment, in having laid the stolen property as belonging to two parties, whereas the first witness for the prosecution distinctly swore that there were four partners each MR, C. B. HILLIER, with an equal interest in it. The Chief Justice touk the oppor- tunity of suggesting that the ends of justice would not have been defeated had attention been paid to what had occurred in a former case of the same description, when by omission of the words ‘‘and others” the prisoners escaped. Nothing further transpired at this session calling now for observation. No greater surprise could have come upon the public than the announcement, on the 19th October, 1847, in the official paper, that a despatch had been received from the Secretary of State ‘“‘confirming the appointment of Charles Batten Hillier, Esquire, to that of Chief Magistrate of Hongkong.” This came as a bolt upon the public from the clouds. Undoubtedly the service was small, and the selection limited, but, as had often been pointed out before, there were other offices for which Mr. Hillier was qualified. It had been repeatedly represented that for a position such as that under consideration, even at this early stage of the Colony, a-properly qualified lawyer and a gentleman of experience was required, and more so than ever since the passing of Ordinance No. 6 of 1847 relative to the jurisdiction of the Magistrates. But with Sir John Davis, public opinion counted for little and as is apparent it was only neces- sary to oppose him in any matter, for him to show more obstinacy. Mr. Hillier first joined the Government as Assistant Magistrate under Major Caine in June, 1843, previous to which he had been in the merchant service, so that after only four years service he had now reached the highly honourable and responsible position of Chief Magistrate, without any qualifica- tions whatever except a knowledge of Chinese acquired in a comparatively short time, Such rapid promotion in modern times is quite exceptional, but Mr. Hillier owed this to his devotion and unswerving subserviency in things in general, to Sir John Davis and his immediate chief Major Caine.* How- ever that may have been and however manifestly unfair to the community in many respects—certainly Mr, Hulme, the Chief Justice, had had no hand in the appointment—one thing the records disclose all through, and that is, that there existed no more zealous and energetic officer at the time in the Government service than Mr. Hillier. Whether in the Magistracy or as regards the Police, Mr. Hillier had ever been to the fore and ready to help in whatever way he could, and as to the Police, he had occasionally shown much activity and rendered good service, though upon the bench he appears often to have * A strange confession of this is to be found many years after in the evidence giyen by Major (then Colonel) Caine in his case against Mr. Tarrant for libel. He said “ Jr, Tlillicry was almost like a child of my own.” See evidence of Colonel Caine in the libel case of the Crown (on the information of Lieutenant-Colonel Caine) v. Tarrant, (ith September, 1859)—reported in China Mail No. 763, September 29, 1859, p. 154, and in/ra, Chap. XxXIXx, 147 Chap. VII. 1847. Mr. Hillier confirmed as Chief Magistrate, Public surprise and comments. 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, 148 Chap. VII. 1847. Ifis illegal sentences of whipping. Action pending against him, Ordinance No. 6 of S47, Ordinance objectionable as the Chicf » Magistrate unfit, for the duties imposed. Real object of Ordinance an encroach- ment upon Supreme Court, HISTORY OF THE LAWS, ETC., OF HONGKONG. adjudicated upon matters wherein in reality he himself was the prosecutor, and, be it said, not often to the advantage of the prosecuted ; and though not one word is to be found in his favour, to say the least, in connexion with his confirmation as Chief Magistrate of Hongkong, it is as well: that his merits should be recorded here. The Government had evidently taken time to think over his appointment, for although. Major Caine was confirmed as Colonial Secretary in April, it was not till now that Mr. Hillier received his ; but it may be that.a great deal in regard to him had depended upon the disclosures made to the Select Committee of the House of Commons, and it will be remembered that Captain Balfour, formerly. Consul in Shanghai, and who had known Mr. Hillier for some time, had stated in reference to the. latter that he had known him as ‘‘a zealous officer who had well qualified himself for the performance of his police duties by acquiring the Chinese language.” * Coupled with the strong recommendation of ‘Sir John Davis, Mr. Hillier was therefore confirmed. He certainly came within the meaning of “the few in authority perfectly qualified”? mentioned in The Dublin University Magazine of July, 1847, quoted in connexion with Major Caine.f His illegal sentences of whipping alone would not bear recapitula- tion, leaving aside-the fact that, at the time of his recommendation to the honourable position he now held, he was under threat, of an action in damages for illegal arrest, and practical deportation in connexion with the two Portuguese gentlemen extradited,.to Macao in August, 1846.{ . This action first came into Court in April, 1848, as hereinafter mentioned ; but, this was.one of the many cases in which Mr. Hillier had but obeyed superior orders. Contemporaneously with his confirmation as Chief Magistrate, the Ordinance No. 6 of 1847, previously alluded to, extending the jurisdiction of the Police Magistrates and Justices of the Peace, was promulgated. It enabled the Magistrates to dispose of all the petty larceny cases, and thus relieved the Supreme Court of about half the arduous-duty of the Criminal Sessions. So far this was an improvement, but the Ordinance itself was objectionable inasmuch as, the Chief Magistrate was unfit for the responsible duties it entailed upon him, even though he acted under instructions from the Governor. The real object of the enactment, however, was an encroachment upon the Supreme Court, by the assumption of judicial power by the Executive, to whose control the Chief Magistrate tamely submitted. Without going into the provisions of the Ordinance itself, it was necessary to inquire whether under * Anté Chap. VL, p. 134. + dAnéé p. 141. { See Chap. 111 § rr, p. 106. FLOGGING OF PAUPERS. the usual limitations ofa Magistrate’s Court, and if untrammelled by an adherence to the dictates of his superiors, Mr. Hillier was qualified for an appointment which required an extensive ac- quaintance with the common and statute law of England. It was sufficiently we!l known that Mr. Hiller had never studied law even in a subordinate cay acity ; his decisions afforded ample evidence of the fact. Upon these grounds his appointment was objection- able in ordinary police proceedings ; but when he had a criminal jurisdiction equal to that of a Court of Quarter Sessions with a Jury in England, people may well have been apprehensive of the consequences. Adding to this his submissive acquiescence to the wishes of the Governor, it became clear that judicial power was grasped by the usurping hands of a weak and partial Government, tottering under legislative and executive duties which it was too infirm to control: It was essential in an upright Magistrate that he should be free from any influence whatever, otherwise his Court was corrupt, the laws violated, and the people oppressed. That Mr. Hillier acted under advice of the powers that be was beyond question, and this was never more emphasized than in the case of the two Portuguese before noticed. A Magistrate who defers to the will of another is a person to’ be held:in dread as dangerous to the community.* On Saturday, the 23rd October, the Police hunted up about a dozen paupers. In the afternoon, according to sentence, the miserable creatures were flogged near West Point and landed on the opposite shore. The sight was described as disgusting in the extreme, some of the culprits being lepers and other beggars whose faces were by no means unfamiliar to many. Afflicted and miserable, borne down by disease, these were certainly not the men who had rendered the island insecure. It was no doubt difficult to deal with such people, but, on the other hand, if their presence was sanctioned at any time, this place would simply be inundated with them, though it would appear that while such creatures were in reality beiug harshly used, others of the most infamous character went about unmolested. Surely, flogging was not an appropriate punishment for such vagrants as those described, and some ‘milder measure of punishment might have been adopted, but flogging had now been resumed, and to carry it out was apparently determined upon. Thus the opinion, formed in April last, that probably with more discrimi- nation and less cruelty, sentences of whipping might not prove _, * The first maxim of'a free state is, that the laws be made by one set: of men, and administered by another; in other words, that the legislative and judicial characters be kept separate. When these offices are united in the same person or assembly, particular laws are made for particular cases, springing oftentimes. from partial motives, and directed to private ends: whilst they are kept separate, gencral laws are mace by onc hody of men, without foresecing whom they may affect ; and, when mace, must be applied by the other, let them affect whom they will. Arehdcacon Paley, Principles of Moral aud Political Philosophy, Chap. V1IL, Bk. 6, : 149 Chap. VIL 1847. Comments upon Mr. Hillier’s qualitica- tions, His sub- missive acquiescence tothe wishes of the Execou- tive. A Magistrate deferring to the will of another. Vagrant paupers hunted up and. flogged, etc, Disgusting sight. Some of the culprits lepers. Flogging again discussed, 150 Chap. VII. 1847. 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. Campbell, acting Attorney- General. Mr. Coley, for Mr- Tarrant, objects, The Chief Justice upon the point. Trial postponed. Return of Governor Davis from Cochin China. Complaints against Mr. Holdforth, the Sheriff. He with- draws ‘Sheriffs HISTORY OF THE LAWS, ETC., OF HONGKONG. so dreadful after all, proved futile. Indeed, the new Police Court Ordinance No. 6 of 1847, s. 5, authorized corporal punish- ment to the extent of “60. stripes, to be inflicted with a cane or rattan,” with the addition that persons unable to give a satisfactory account of themselves were liable, if unregistered, to be sent out of the island. : The Criminal Sessions of the Supreme Court, which. began on Saturday, the 23rd October, closed on Wednesday, the 27th. There were 48 cases on the Calendar, the most important one of which was that of Mr. Tarrant and Afoon aceusedc of conspi- racy to injure the character of Major Caine, as mentioned ,in June last.* When the case was called, the acting Attorney- General, Mr. Campbell, who had advised the Government in connexion with the matter,f moved for a postponement on the ground that a material witness, Major Caine’s compradore, was absent from the Colony. He produced an affidavit to that effect, but it did not disclose that any attempt had been made to secure his attendance, though it was well known that the man was residing near Canton, having prudently withdrawn from the jurisdiction of the Court. Mr. Coley, on behalf of the accused Tarrant, said that Afoon was not at first included in the charge. He had, on the contrary, been examined as a witness against Mr. Tarrant, but, apparently because he had not gone far enough and given such evidence as was wanted of him, he was afterwards included in the charge and made a defendant. Lo In Tin, Major Caine’s compradore, was not examined as a wit- ness either in the Magistrate’s Court or in the other inquiry that was held before. He had absconded after charges had been made against him, and it was not probable he would return. The Chief Justice observed that at least the witnesses who had given evidence before the Magistrate who had committed Mr. ‘Tarrant for trial, were known ; that the affidavit was practi- cally of no use, as it did not show that any endeavour had, been made to secure Lo In Tin’s attendance, and only stated that he was absent, but he thought that no obstacle should be thrown in the way of clearing up a somewhat mysterious case by forcing an immediate trial, and he therefore further post- poned it on the assurance of the acting Attorney-General that his witness would be present at the December Sessions, a On the 30th October, the Governor, Sir John Davis, resumed, duties on his return from Cochin China. Complaints against the Sheriff, Mr. Holdforth, were now for- mulated in regard to his treatment of Mr. Markwick, the Govern- ment Auctioneer, who had heretofore conducted the ‘ Sheriff’s Sales,’ and from whom these were now withdrawn by Mr. Hold- * Ante p. 143. t For Mr, Campbell's report, see the trial of Major (then Colonel) Caine against Mr, Tarrant, fur libel,—Chap. xxx, infrd, MUTINY OF TRANSPORTED CONVICTS ON BOARD SHIP. forth, and given toa Mr. Duddell. Mr. Markwick had received his appointment in the early days from Major Caine when Sheriff, and was also the Appraiser and Auctioneer to the Supreme Court on its ecclesiastical side, and no just reason having been assigned by Mr. Holdforth for withdrawing his sales from Mr. Murkwick, except of being able to do as he chose, improper motives, in the absence of any apparent cause, were said to lie at the bottom of the change, and as events proved afterwards, having regard to Mr. Holdforth’s conduct in other matters, the surmises were not altogether wrong. The records of 1848 and 1850, it will be seen, speak amply upon the subject.* On the 6th November, 1847, the ship General Wood left Hong- kong for Penang with ninety-two convicts on board and confined in a prison built on the lower deck. On her arrival at Singapore, this prison was taken down to make room for a cargo of sugar, and the prisoners were removed to small spaces abreast the main and after hatches, where, for want of other means of secur- ing them, a chain was rove through their leg irons, the key being entrusted to the sepoy who kept watch over them. The vessel sailed from Singapore on the morning of the 2nd January, 1848, and anchored the same evening off the Carimas. A little after midnight the convicts broke loose and took possession of the ship, several of the officers and others being either killed or, through being panic-stricken, throwing themselves overboard. Having taken full possession of the ship, one of the convicts undertook to pilot them back to China. They accordingly slipped the cable and with the assistance of some of the lascar crew, whom they compelled to work, made sail, but very soon lost all notion of the course they were steering, and at last after twenty days’ sailing in different directions, ran upon a reef about nine miles from the North Natunas. The vessel carried several passengers from Hongkong, including Lieutenant and Mrs. Seymour and Mr. Farquhar. They, with several of the las- cars and as many of the Chinese convicts as the ship’s boat would hold, steered for Pulo Laut, and had not proceeded above half way to the island when they saw the ship go off the rocks and go down head foremost, carrying with her all those who had remained on board waiting the return of the boats. The unfortunate passengers met with kindness from the Malay chiefs who conyeyed them to Bungoran, the “Orang Kya” } there directing the headmen of the different islands to secure the other convicts should they attempt to land, and to forward them to Bungoran also. Much blame was attributed to the authorities in Hongkong for having put the convicts on board without a guard or any means of securing them. It was a fact that these * See Chapters x and XIL., infra, ; + Lit. Malay ‘rich man’— otherwise ‘head man.’ 151 Chap. VII. 1847, Sales’ from Mr. Mark- wick, the Auctionecr, and gives them to Mr. Duddell. Improper motives assigned, The ship General Wood, Mutiny of the trans- ported convicts. The convicts break loose on leaving Singapore. Panic and murder of officers, etc, They take possession of theship, and compel the crew to work. They run upon a reef, European passengers on board, Rescued. by Malay Chicfs. Blame attributed to Hongkong authorities. . 152 Chap. VIL. 1847, H.C. 5. Philegethon sent after the convicts. Those captured. Conduct of captured convicts on board the Phlegethon. Their trial at Singapore. The Recorder’s summing up. Extraor- dinary verdict of the Jury, Sentence of death recorded, Sentence of transporta- tion. Recorder’s comments on the verdict, HIStoOnyY OF THE LAWS, ETC., OF HONGKONG. ninety-two convicts, many of them known to be desperate ruf- fians, were put on board without even a pair of. handcuffs, and that Captain Stokoe (who had slipped over the ship’s side dur- ing the panic after the convicts had broken loose, and thus got drowned) ‘finding this to be the case, had positively refused to sail until he had been supplied with these, and that after wait- ing two days, the Sheriff furnished him with only fifty pairs of handcuffs for ninety-two convicts. re The authorities in Singapore, on hearing of the mutiny, imme- diately despatched H.C. S. Phlegethon, to Pulo Obi, near the entrance to the Gulf of Siam, to ascertain the whereabouts of the convicts. There a large number of the men were afterwards captured, a card case and work box containing a note addressed to one of the ladies, who was a passenger on board the General Wood, being found in the village. On the return passage: of the Philegethon to Singapore, some of the captured convicts were actually overheard inciting the others to master the crew and capture the vessel. Two jumped overboard, one of whom was drowned, while another tried to hang himself. A supplemen- tary Criminal Sessions was held at Singapore on the. 18th and 19th May, 1848, for the trial of the prisoners captured. Sixteen of the convicts, also the Chinese carpenter and two Chinese sailors of the General Wood, were charged with having seized the vessel, and caused the death of Captain Stokoe and. his officers. The indictment contained three counts charging them with “piratically assaulting Captain Stokoe, the commander, and several others, and with having piratically, violently, and feloniously taken the ship.” The trial lasted three days ; the Recorder summed up the evidence in a speech of four hours’ duration, and the Jury having retired about 6 p.m., at half past 11, brought in the astonishing verdict of “ guilty but without violence,” with a rider recommending several of the culprits to mercy. This verdict naturally excited considerable comment and, as an excuse, some of the Jury stated afterwards that they had misunderstood the explanations of the Recorder. The Court met on Saturday at noon when sentence of death was directed to be recorded against the whole of the prisoners. Five of them, viz., the carpenter, the two Chinese sailors, and two of the convicts who appeared to have taken an active part in the affair, were sentenced to be transported to Bombay for lite. The Court took further time to determine what should be done with the others. In passing sentence the Recorder made some strong remarks on the verdict of the Jury, to which he said, although he could not arrive at the grounds on which, they had formed their opinion of the case, he was bound to endeavour to vive effect, and that although sentence of death would be record- TRIAL OF MUTINOUS COXVICTS. ed against all the prisoners on the first count, yet he felt so hampered by the verdict of the Jury, that he could not allow that sentence to be carried out. His Lordship hoped that his thus acting on what he believed to be the constitutional view of the law, would not be attended by evil consequences. The Singapore papers ascribed the catastrophe to there not having been a military guard on board the General Wood, and the Hongkong Government was saddled with the responsibility. But a Governor surely had no power to order troops on a duty which carried them beyond the limits of his own authority, and, besides, the passage of the convicts was contracted for, and the expense of putting up a prisoners’ room, guard, etc., was defray- ed by the owner of the ship. The usual way apparently was to pass a chain cable through the prison room to which the con- victs were linked by the leg, and in the event of their proving refractory, the chain was bent to one of the anchors which could be let go on an emergency. A perusal of the narrative pub- lished in the Singapore papers led to the painful conclusion that due precautions had not been observed on board the General Wood, and that to this was to be ascribed her capture the day after she left Singapore. The prisoners’ room was taken down to afford more stowage for sugar, the convicts were loosely secured, and badly guarded, and when they did get free, though only armed with billets of wood, there was no attempt to over- power them. ‘l'o censure those who were beyond censure was an absurdity, but justice compelled one to say that, had the discipline been such as it ought to have been in a convict ship, the General Wood would never have been captured, The records of the time show that the insurances effected on the ship were not afterwards paid. The case was laid before counsel and an opinion given that the policy not having stated specifically that it included loss from mutiny of convicts, the assurers were not liable. The point, however, was to have been discussed in the Supreme Court at Bombay, in regard to which unfortunately nothing is to be traced in Hongkong. A free pardon was granted to Charles Thompson (con- victed with three other constables at the Criminal Sessions held on the 15th April last of larceny in a vessel in port and on board of which he had been placed as a guard) on the 12th Novem- ber.* No reason was assigned for the pardon granted to this particular man. On the same date, Patrick Collins, Patrick Doyle, and James Hamilton, privates in Her Majesty’s 18th Royal Irish Regiment, convicted of robbery in February last and under sentence of imprisonment of one year, also received a free pardon. . * See anté p. 138, 153 Chap. VII. 1847. No military guard on board the General Woed. Due precau- tions not taken on board, Insurance on the vessel disputed. European Constable Thompson pardoned. Soldicrs also pardoned. 1o4 CHAPTER VIII. 1847 1848. SECTION Ty 1847, Suspension of Chief Justice Hime. Unfounded charge of habitual drunkenness pre- ferred against him by Governor Davis.—Trinidad Judiciél Scandal.--Mr. Hulme a general: favourite in Hongkong.—Reprchensible conduct of Governor Davis.—Degrading accusa- tion against a Judge.—Comparison drawn between Lord Chief Justice Jefferies and Chief Justice Hulme.+ Chief Justice Hulme had gained the respect-and,esteem of the community at large—-Charge originally preferred in a confidential despatch to Lord Palmerston. — Object: of Governor Davis’ private communication to Lord’ Palmerston.—Lord Pal- merston regarded it as an official document and handed it to the Seerctary of State for the Colonies—Harl Grey demanded an investigation—Governor Davis tries to withdraw from the accusation.-Character of « Judge could not be defamed with impunity.--Lord Grey requires Governor Davis to apologize or prove his charges. —Chief Justice Hulme cited to appear before the Executive Council.—Members of the Council.—The charges.—How the community reécived the charges.—The principal residents attend at the’ Council door to mark their respect for the Chief Justice.— Disgust at the conduct of Sir John Davis.—Chief Justice demanded a public inquiry which was refused him.—Members of the Council were all cited as witnesses for the prose- cution,— Major-Gencral D'Aguilar protested against the proceedings.—The sanctity of his hospitable board violatel—His private note to Governor Davis given in’ evidence.— Governor Davis asserts his reason for this course.—Underhand and groundless charges.—-, Character and position of the witnesses.—Nature of the evidence,—Major Caine’s testi- mony.—The first charge negatived. My. Hulme afflicted with a varicose vein in the leg.— The second charge rebutted.--Major Caine’s testimony again the exception.—The third charge set aside by a host of evidence.—Major Caine again the exception.—Contrary to expectation, the Chief Justice is suspended on the first charge, of being drunk on board: H.M. 8. Agincourt in November, 1845.-—Belief not entertained that the Home Govern- ment will sustain the measure.—Sir John Davis as informer.—The affair a vile slander.— Government Notification’ of the suspension of the Chief Justice.—Residents: leave their: cards at the Chief Justice’s house.—Chief Justice against suggestion of a public meeting.— Addresses of sympathy—All complimentary.—Z'he Dublin University Magazine on Chief Justice Hulme—-Chief Justice Hulme an acquisition in Hongkong.—His gift of law books to the Supreme Court Library.--His suspension a public calamity.—Sir John Davis’ nominee to the acting Attorney-Generalship as Mr. Hulme’s temporary successor.—The address of the community.—The reply.—The address of the Special Jury.—The reply.—~ The Attorneys of the Court accompany their address with a handsome gift.—The Chief Justice’s reply to the address of the Attorneys of the Court.—The lrincipal Chinese Residents also show sympathy.—The reply of the Chief Justice to the Chincse.— English law.--Gratifying addresses.—Chief Justice's wife and family.—Metto on the gold snuff box.—General sympathy with the Chief Justice. A disgraceful affair—Conduct, of Governor Davis commentcd upon. Chief Justice Hulme a victim of persecution.—The Compton papers.--The recall of Governor Davis a probability-Departure of Chicf Justice Hulme.—The ovation given him by Europeans and natives.—The Chinese display flags and fire crackers.—A champagne tiffin on board.—The conduct of Governor Davis as viewed outside the Colony.—The Press of India.—The career of the Governor.—The Compton Case.—Governor Davis as the ‘despicable’ man.—Government Notification announcing appointment of Mr. C. M. Campbell as acting Chief Justice.—Universal sympathy with Chief Justice Hulme.—Mr, Hulme in private life.—Mr. Campbell had directed the prosecu- tion against Mr. Hulme,—How Mr. Campbell conducted himself on the bench.—Mr. N, D’E. Parker, Crown Prosecutor.—Ordinance No. 6 of 1846.—Chief: Justice Hulme only left the Colony one month after his suspension.—Probable reason.—The Establishment of the Supreme Court at the tine of his suspension.—Rumoured resignation of Sir John Davis.— Mr. 8. @. Bonham as his successor.—Press conclusions.—The case of Cairns v. Lieutenant Sargent of the 95th Regiment.—Action for damages for assault and battery —The cause.— Verdict,— Plaintiff, Editor of Hongkong Register, an inoffensive man,—Had refused . apology.—Goyernor Davis gocs to Canton.—Major-Gencral D’ Aguilar acts—December Criminal Sessions.—Major Caine and his compradore. Abandonment of case against Mr. Tarrant.—Mr. Parker's reasons.— Mr. Tarrant lays his case before Har] Grey.— Governor Davis’ reasons for abandoning the charge —Mr. Campbell. Alleged squeamishness.— Mr. Tarrant asked Chief Justice Hulme to intercede for him with Harl Grey.--Governor Davis returns from Canton.—He appoints his nephew, Mr. Mercer. a member of the Legislative Council in the place of Chief Justice Hulme.—Mr. Trotter, clerk to the Chief Justice, resigns,—Mr. Campbell recommends Mr. EH. H. Pollard as successor —Mr. D. R. Caldwell, Interpreter and Assistant Superintendent of Police.— Prosecution of Mr. Shortrede, Editor of the China Mail for contravening Ordinance No. 2 of 1844 two years previously--Press contravention.—Prosecution is withdrawn.—Information had becn filed by Mr. Campbell who was to have tried the case.—Judicial affairs of 1847; resumé.—The Report of the Committee on our commercial relations with China,—The dual position of the Governor.— The evils of the divisium impcrium.—Ordinance No. 7 of 1846. SECTION II. 1848. Disallowance of Ordinance No. 10 of 1845, Naturalization of Aliens.—And Ordinance No. 3 of 1847, Prevention of Piracy.—Approval of Order of Court relative to the execu- tion of writs of capias.—Mr. Cay, Registrar, appointed Master in Equity —Mr. Pollard, Keeper of Records and Muniments.—Mr. F. Smith, Surrogate of the Vice-Admiralty Court.--Mr. S.G. Bonham appointed Governor, vice Davis—-His previous career.—Sir John Davis’ life in Hongkong after the Hulme episode.—Public opinion of Mr. Bonham.— Sitting of the Vice-Admiralty Court under Mr. Campbell.-The Chimmo Bay piracy.— Too Apo, the informer.—The Jury return a verdict of guilty on his evidence.—Governor Bonham afterwards pardoned the prisoners.--Major-General Staveley succeeds Major- General D’Aguilar.—He is gazetted Lieutenant-Governor of Hongkong.—Death of Mr. Goddard.—Execution of pirate convicts.—Piratical acts and the position of those who committed them, —Not the mere dregs. of society.—Too Apo, the informer.—Major-General D’ Aguilar appointed Colonel of the 58th Foot.-Departure of Major-General D’Aguilar.— A dinner in. his honour.—Addresses.—His magnanimous conduct towards Chief Justice Hulme.--By this single act Major-Gencral D'Aguilar’s faults and eccentricities: over- looked.——His career _as Lieutenant-Governor of Hongkong reviewed.—Mr. Compton his fellow-passenger to England.—7'he Dublin University. Magazine. Skit on Major-General D’Aguilar.—The ‘Bamboo Act.’ ‘The Cackling Geese’— Death of Major-General D’Agui- lat.—Land.—Rules of Court regulating admission of Translators and Interpreters.— Supreme Court removed from Wellington Street to the present building in Queen’s Road. The Irish celebrate St. Patrick’s Day in the old Court House, READING not infrequently of judicial misconduct in Colonial Courts of Justice ; meeting often with bad temper, bad law and bad logic, and aware that the private lives of some of our Judges have not been quite in keeping with the purity of the ermine, the reader at times therefore is not surprised at coming across some startling news from some part of the Colonial world (as for instance the comparatively recent case known as the Trinidad Judicial scandal*) at which the mind revolts; but here, however, the people of Hongkong had yet to be pained and astonished at quite a different proceeding, initiated this time by the Governor of the Colony against the Chief Justice, Mr. Hulme. Of the latter gentleman, it was said-he was zealous and intelligent to a degree, of a lively and social temperament, and of perfect uprightness and thorough independence. He appears to have been a general favourite in Hongkong, except of course at Government House, and his judicial decisions had given every satisfaction. There is something incongruous and repugnant in the very idea of a charge of habitual drunkenness * Anderson v. Gorrie, 10 T, L. BR. 383; id. 650; [1895], 1 Q. B. G68; 71 L. T. 882. Ch. VIII § 1. Suspension of Chief Justice Hulme. Unfounded. charge of habitual drunkenness preferred against him by Governor Davis. Trinidad Judicial Scandal, Mr. Hulme a general favourite in Hongkong. Reprehensi- ble conduct 156 HISTORY OF THE LAWS, ETC., OF HONGKONG. ch. vol §1.being preferred against a Judge, and supposing even that Mr. i, _ Hulme had been guilty in respect of this degrading charge, which of Governor Sir John Davis had preferred against him, the course pursued by Pending his accuser deserved the strongest reprehension at the hands of accusation every honourable man. ‘The accusation dragged the functionary igure. who, above all others, is bound to maintain a rigid integrity and a scrupulous propriety of deportment, down to the level of the noisy brawler, who exposes his folly to the world. and courts the disgrace he cannot avoid. It upsets all preconceived notions of the judicial character, and draws the mind insensibly Comparison back to the days of the infamous Jefferies, who was said to have oe drunk himself to death in the Tower, and of whom a contem- between ‘ * . wh: Lord Chief porary historian affirmed that, even in his better days, ‘his Justice ana {tiendship and conversation lay much amongst the good fellows Chief and humorists, and his delights were accordingly drinking, aoe laughing, singing, and all the extravagancies of the bottle.” If such an accusation, therefore, be in its very nature odious, if it startles one when brought against a Judge of whose character nothing is known, how much more hateful and more astonish- ing must it prove when the party assailed is one whose reputa- tion had hitherto been without spot or blemish, and who had oo. so demeaned himself as to have gained the respect and esteem Hulme haa Of the community at a Such would seem to have been the mathe case of Chief Justice Hulme. It is ae to state that the esteem of the charge was first preferred in a private despatch written to Lord a Palmerston, the Secretary of State for Foreign Affairs, by Sir Charge John Davis, in his capacity of Her Majesty’s Plenipotentiary aean te and Superintendent of Trade, shortly after the decision in the aconfidential Compton Case touched upon herein in November last.* This cane decision proved the reverse of palatable to Sir John Davis Palmerston, who had not been able to prevail upon the Chief Justice to sustain the illegal decision of the Consular Court after he had improperly written to him privately asking him to do so. The Chief Justice’s adherence to the law of his country, in opposition to the wishes of Sir John Davis, gained him the enmity of that functionary, and the declaration of the legal advisers of Her Majesty’s Government that the Judge could not have acted otherwise,} added oil to the flame that burned in His Excellency’s breast. Object of - : ‘ ae Governor Tt occasionally el gate that the biter gets bit, the fox falls ee into his own trap, and such was the case in this instance. Sir pei John Davis never expected that his private communication lon to Lore : . * s ‘ Palmerston, Would go further, nor did he intend it to lead to an investiga- * Anté Chap. Iv. ¢ Letter dated February 24, 1847, from Viscount Palmerston to Sir J. Davis— sec also Chinese Repository, Vol, XV1., p. 444. . . CUIEF JUSTICE HULME BEFORE THE EXECUTIVE COUNCIL. 157 tion ; his object was secretly to blast the character and ruin the ch. vat § 1. prospects of hisenemy. But the reputation of a Judge is not to ‘be blasted by charges conveyed covertly to Her Majesty’s Government, and Lord Palmerston, regarding the despatch as an official document, very properly handed it over to Earl Grey, the Secretary of State for the Colonies, who forthwith demanded an investigation. In reply to this, Sir John Davis reported that “since Mrs. Hulme had returned from England, the Chief Justice had improved, and that it would consequently be unnecessary to pursue the matter further.” The character of a Judge, however, could not be defamed with impunity, and Lord Grey intimated to Sir John Davis that he must either apologize or prove his charges, and he chose the latter alterna- tive. Accordingly, on Monday, the 22nd November, 1847, it became generally known that Chief Justice Hulme had been cited to appear before the Executive Council, the members of which were Sir John Davis, Major-General D’Aguilar, Mr. A. R. Johnston (Secretary to the Governor as Plenipotentiary), and Major Caine, to answer to the following charges brought against him by Sir John Davis :-— Ist-—For having been intoxicated at a dinner party given by Rear- Admiral Sir Thomas Cochrane on board of H. M. 8. Agincourt in the latter part of 1845. 2nd.—For having been intoxicated at the house of Major-General D’ Aguilar in July, 1846. 3rd,—For being an habitual drunkard. The announcement of these charges was received with incre- dulity ; even on Tuesday, the 23rd November, it was doubted that such infatuation as an attempt to prove them could exist, but erring humanity was not to end here, and the endeavour to blast the reputation of such a man as Chief Justice Hulme, in reference to whom such favourable comments have appeared herein regarding the past, was to be gone on with at all risk. A note in Mr.. Hulme’s handwriting, intimating to a neighbour that such was the fact and requesting Mr. Hulme to attend the Council and give evidence, left‘no doubt as to the course to be pursued. On Thursday, the 25th November, the first day the Council met, the principal residents, almost to a man, attended at the Council door to mark their respect for the Honourable the Chief Justice by uncovering as he entered to meet his accuser. For three days the Council was engaged examining witnesses. There are scarcely words in the language severe enough to express one’s disgust, even at this distance of time, at the conduct of Sir John Davis in reference to his distin- guished victim. On Thursday, before the proceedings commenced, 1847. Lord Palmerston regarded it as an official document and handed it to the Secretary of State for the Colonies. Earl Grey demanded an investiga- tion, Governor Davis tries to withdraw from the accusation. Character of a Judge could not be defamed with impunity. Lord Grey requires Governor Davis to apologize or prove his charges. Chief Justice Hulme cited to appear before the Executive Council. Members of the Council. The charges. How the community received the charges, The principal residents attend at the Council door to mark their respect for the Chief Justice, Disgust at the conduct of Sir John Davis. Chief Justice demanded a 158 Ch. VUI $1. 1847. public inquiry which was refused him. Members of the Council were all cited as witnesses for the prose- cution. Major- General D’ Aguilar protested against the proceedings. The sanctity of his hespit- able board violated. His private note to Gov- ernor Davis given in evidence. Governor Davis asserts his reason for this course. Underhand and ground- less charges. Character and position of the wit- nesses. Nature of the evidence. Major Caine’s testi- mony. The first charge negatived. Mr. Hulme afflicted with WISTORY OF THE LAWS, ETC., OF HONGKONG. the Chief Justice demanded that the inquiry bea public one. This was denied him; an act of injustice as the members of the Council were all cited as witnesses for the prosecution, it being ruled that their evidence should be taken last, in order to fill any hiatus in the testimony that had preceded them. In Courts of Inquiry, it is not usual for the members to appear as witnesses, but, on this occasion, precedent, decency, and honour were set at defiance. The mind revolts at the idea of the sanctities of private life being invaded for the purpose of substantiating such accusations, and Major-General D’Aguilar, as a member of Council, protested against the proceedings zn toto. He protested against the sanctity of his hospitable board being violated by an inquiry as to the conduct ofhis guests. He also protested against a private note to Sir John Davis, marked ‘private and confidential’ being received in evidence, but the Honourable Baronet read it, coolly remarking at the same time that his letter to Lord Palmerston was also private. The one, how- ever, was intended to ruin a man of high moral and intellectual character by underhand and groundless charges; the other, a confidential communication between two acquaintances inadmis- sible in evidence according to the code of honour which regulates society. General D’Aguilar showed at all events that his heart was in the right place, and not an Englishman in China (apart from a few officials) but admired his manly advocacy of the privileges of society so grossly violated. | The witnesses for the prosecution were nearly all naval and military officers; one officer of rank testified that he had met the Chief Justice at dinner parties eighteen times, and that he was always the first man to leave the table, “ the charges being perfectly groundless.” To prove the first count, that of having been intoxicated on board H. M. 8. Agincourt, various witnesses were examined, but they proved a negative. The first declared that he had seen admirals, generals, and governors a great deal more excited. Others testified much the same, with the exception of Major Caine. That official declared that the Chief Justice was intoxi- cated on board the Agincourt and also at the General’s party, but that he had not seen him under the influence of wine on other occasions. ‘The first charge was negatived by Sir John Davis’ own witnesses, and in a few words the facts were these. Mr. Hulme was at the time afflicted with a varicose vein in the leg.* * That this was so and a complaint of long standing in the Chicf Justice, the follow- ing cxtract from a letter, addressed by Mr. Hulme to his clerk Mr. Leggctt, still on the records of the Court, and written as far back as the 7th December, 1844. clearly testifies :— “Dr, Dill thinks Ishall beable to come to Court on Monday, but that it will be ne- cessary for me to kcep my leg up on a couch. I shall therefore in all probability be obliged to have the suitors, ctc., into my private room, as the couch would be much too low for the Court table.” Blagna est ceritas ct preealebit. a Ses e SUSPENSION OF CHIEF JUSTICR HULME. 159 Fo enable him to appear in dress at the Admiral’s party, the Ch. VII § 1. bandages were removed for the evening,. Mr. H ulme, like — y6u7. many other good men, was of a gay and mirthful disposition, a varicose frank, gentlemanly, and social,—just the person, it was said, to yom i the be courted on such occasions. In the course of the evening his - weak leg getting troublesome, and without recollecting that he was the guest of a creature of etiquette, he placed it on a couch or chair. . The second count, that of having been intoxicated at General The second D’Aguilar’s table in July, 1846, was also rebutted. The guests, Che? , military and civilian, proved the charge tobe false. Major Caine Major was again an exception, his evidence being in favour of the prose- ss an cution ; but opposed to it, there were recorded the declarations the excep- of several military men who were present, and that of a civilian °°” who left the house with the Judge and shook hands with him in the street. . > The third count, that of being an habitual drunkard and the ‘he thira only one of grave importance, was set aside by a host of evidence. Serna including officers, naval and military ; the heads of firms ; the host ot medical attendant of the accused ; the lawyers practising before °°" his Court ; and a representative of the press who generally attended every Court to report. The evidence showed that on the Bench, the Chief Justice was remarkable for his composure of manner, for his patience in attending to the testimony of prevaricating Chinese witnesses, and for the impartiality of his legal decisions. All this certainly was incompatible with the shattered nerves of a drunkard. Those who had had the ad- vantage of meeting him in society declared unhesitatingly that. the charge was false. The number of witnesses was not short of thirty for and against the prosecution, though, with the ex~ Major Caine ception of Major Caine, the testimony was favourable. The on, above is a condensed report of the proceedings before the . Executive Council. Those who were acquainted with the whole facts treated the matter with derision, though it was rightly believed that, if he had the shadow of an excuse for doing it, Sir John Davis would suspend Mr. Hulme until the decision of Her Majesty’s Government was known. In the face of the evidence, however, it was said, the Governor would scarcely dare commit such an outrage, though he had power to suspend any member of the Government, taking upon himself the responsibility which at times was rather a serious one. Contrary to expectation and in defiance of strong proof to Contrary to the contrary, the Chief Justice was suspended from office on (RP Giae” the first charge, that of having been intoxicated on board Justice is H.M.S. Agincourtin November, 1843, that is to say, exactly two BHEpOngt On 16U ch, VUL § 1 1847. the first charge, of being drunk on board H.M.S. Agin- court in Nov- ember, 1845. Belief not entertained that the Home Government will sustain the measure, Sir John Davis as informer. The affair a vile slander, Government Notification of the suspension of the Chief Justice. Residents leave their cards at the Chief Justice’s house, Chief Justice against suggestion of a public mesting. Addresses of sympathy. All complimen- tary. The Dublin University HISTORY OF THE LAWS, ETC., OF HONGKONG. years before the institution of the inquiry! No one for a moment entertained the belief that Her Majesty’s Govern- ment would sustain this unjust measure. Although the in- quiry had been conducted with closed doors, the evidence was known as much as if it had been open. People of all classes, naval, military, and civilian, bore testimony to the falsity. of the allegations, but, as may be seen, it had been pre-arranged that the upright Judge was to be got rid of, for apart from _be- ing the judges, with the exception of Major-General D’ Aguilar, all the members of the Council had either been informers in the matter or had been heard as witnesses. Sir John Davis as President occupied the respectable position of informer, and both Major Caine and Mr. Johnston had been heard as wit- nesses for the prosecution. Major-General D’ Aguilar, with the true feelings of a soldier and a gentleman, denounced the whole. affair as a vile slander, but these feelings unfortunately did not then predominate in the Executive Council of Hongkong. The inquiry, beginning on Tuesday forenoon, the 25th November, concluded late on Saturday, the 27th, and on Tuesday, the 30th November, appeared the Government Notification that the Chief Justice had been suspended ;—very quick work it will be admit- ted, but suggestive of much. So soon as the result was known, the residents to a man left their cards at the Chief Justice’s house. It was intended to hold a public meeting to determine upon the measures to be taken, expressive of the feelings of the community, but this was abandoned in compliance with the Chief Justice’s wish, he being apprehensive that it might be construed into a hostile demonstration towards the Government. Addresses expressive of sympathy for his unmerited punish- ment, admiration for his high moral character, and entire con- fidence in his rectitude on the Bench were immediately got up and presented to Mr. Hulme from the following parties :— First—from the inhabitants of Hongkong, the address being dated the very day of the publication of the suspen- sion of the Chief Justice from office. Second—from the British Residents at Canton. Third—from the members of the Special Jury. Fourth—from the attorneys practising before the Supreme Court, the address being accompanied with a hand- some gold snuff-box. Fifth—from the principal Chinese residents of the Colony. These eddresses were all in the highest degree complimen- tary; but after witnessing the Chief Justice’s career upon the Bench for three years, there could be no doubt that he fully deserved all that was said of him. It would not be amiss to EULOGY PASSED ON CHIEF JUSTICE HULME. 161 insert here the following paragraph extracted from an article Ch. VUI § 1 upon Hongkong and some of its officials which appeared in The Dublin University Magazine of July, 1847. The article fully shows what an acquisition the Colony had in the person of Chief Justice Hulme. The gift of his law books to the Supreme Court library, where they are to be found to this day in a per- fect state of preservation and where they are yet of value, is alone an act of unselfishness and generosity,—having regard especially to the fact that in those days, the Court had yet acquired no library of its own,—-never to be forgotten in con- nexion with his career in Hongkong. The following is the paragraph alluded to :— * * * ® “CHIEF JUSTICE HULME.” “Some notice must be taken of the Court of Justice, in the construction of which many difficulties, all who know anything of the routine of business in legal offices are aware, must arise in a new colony. These difficulties have all been overcome by the exertions of the highest judicial officer in the ser- vice of the Crown. A most happy selection was made of a gentleman, and a lawyer of great ability, in the person of Mr. Hulme, to fill the office of first Chief Justice in the island. Nothing can exceed the masterly manner in which, unaided, he has prepared a body of general rules and orders for the regulation of the Supreme Court. The urbanity of his demeanour, the soundness of his judgment, an:l the impartiality of his conduct upon the bench, have secured for him, in a short time, the respect and esteem of all upright men. Nor are these legal attributes and attainments his only title to admiration. With a liberality the most unusual, the Chief Justice has placed a most valuable law library in the Court-House, for the use of prac- titioners and suitors.” His suspension, therefore, was rightly looked upon by the entire community—with the exception of a few who dreaded his impartial administration of justice—as a public calamity. And this was the more evident when it was seen later on how’ the business of the Supreme Court was conducted by the young person who was nominated acting Attorney-General by Sir John Davis during the absence on leave of Mr. Sterling, and whom he now appointed to act for Mr. Hulme after his suspen- sion. The following was the address presented by the community of Hongkong, which obtained one hundred and sixteen signa- tures :— * Hongkong, 30th November, 1847. Sir, Impelled by a sense of duty, we the undersigned your countrymen and fellow-subjects in China, of various professions and pursuits, cannot refrain from expressing our feelings with regard to the extraordinary position in which we see you placed. *The same address was circulated at Canton, where it received one hundred and fourteen signatures, 1847. Magazine on Chief Justice Hulme. Chief Justice Hulme an acquisition in Hongkong, His gift — of law books to the Supreme Court Library. His suspension a public calamity. Sir John Davis’ nominee to the acting Attorney- Generalship as Mr, Hulme’s temporary successor. The address of the community. 162 Ch, VIII § I. 1847, The reply. HISTORY OF THE LAWS, ETC., OF HONGKONG. Our opinion of the charges brought against; you is best shown is the esteem and regard, which your private character has. won for you froma large circle of friends and acquaintances, and in the respect and. confidence, which the able and punctual and faithful discharge of your public duties, have ever commanded for you from the entire community. Whatever may be the final issue of these proceedings, be assured, Sir, that your administration of justice in the Supreme Court of Hongkong has earned for you the gratitude of your fellow-countrymen in China, and that you bear with you the respect and. reverence due to an upright judge, performing the duties of his high office without fear or favour, faithfully executing justice and maintaining truth. ‘ With the deepest sympathy and respect, allow us to subscribe ourselves, Sir, your most obedient and humble servants, [Here followed the signatures. ] To The Honourable. Joun WaLtTeR Hue, Esq., Chief Justice, Honghong. To this, the following answer was returned :—~. Gentlemen, I thank you for this expression of your sympathy and respect. I want words, not heart, adequately to convey to you my due appreciation of the kindly spirit, the noble, honourable, generous feeling, which has dictated’ the present address. However innocent a man may be, he can ill bear up under charges such as those which have been preferred against me, if he have not the sympathy and support of his fellow-men. It has been my good fortune to meet with the most universal kindness, in the trying position in which I have been placed. I am but too happy to be told that my private character has gained me the esteem and regard of my friends, and that my public character has won me the respect and confidence of the community. I trust I may never forfeit either of these valuable acquisitions. Gentlemen, I will not detain you by taking a review of the proceedings instituted against me, indeed I am anxious to say as little as possible concern- ing the charges, which have been under investigation, until Her Majesty’s pleasure as to the course pursued is known, but this much I feel myself at liberty to express, that not only have the charges not been proved but that they have been most positively disproved. That what I state to you is the fact will clearly appear when the evidence is made public, and I hope that not only the evidence may be published, but also the despatches relative to the charges, to which I have been subjected. It would be no difficult task to. trace these charges to their true origin, but I forbear doing so for the reason I have already assigned. The matter is now in the hands of Her Majesty’s Government, and it only remains for that Government to. pronounce its opinion wpon the evidence, as to the truth or falsehood of the charges. Gentlemen, although I have suffered much from the independent discharge of my judicial duties, rest assured, that so long as I have the honour to hold Her Majesty’s Commission no amount of suffering or misery shall ever induce me to depart from the course I have hitherto pursued—a course to which I am bound, as well by virtue of my oath, as by common honesty, and that I shall continue when restored to the office of Chief Justice, to base my judicial opinions upon the facts brought before the Court without fear or favour. Gentlemen, again T thank you, ADDRESS OF SPECIAL JURORS TO THE CHIEF JUSTICE. 163 The address presented Ly the Members of the Special Jury ch. VUE § 1. was as follows :— Victoria, Hongkong, 2nd December, 1847. To the Honourable Jonn Watter Huimr, Esq., Chief Justice, ete., etc., Hongkong. Sir, We, the undersigned Members of the Special Jury of this Colony, have learnt with regret your suspension from office, and consequent retirement from amongst us. _ As jurors, who have most of us served under your administration, from your first taking your seat on the Bench of the Supreme Court in China, till the present time, we beg, with every respect, to offer you the humble tribute of our praise for the upright and impartial manner in which you have conducted the duties of your high office; we thank you for the untiring patience with which you have investigated the various causes which have been brought before you for your decision ; and we congratulate you on the more than common success (not a single appeal having been made against your decision) which has attended your administration of the law, during the entire period of your sojourn amongst us. In taking leave of you, we may be allowed to indulge the hope that your absence will be brief, but should it be decided otherwise, we wish you a sincere farewell, and with the assurance of our warmest sympathies, we remain, Sir, your most obedient humble servants. The reply of the Chief Justice was as follows :— Gentlemen of the Special Jury, I feel truly grateful for your kind address. Coming as it does from a class of gentlemen whose duties in the Supreme Court have afforded them such ample opportunities of judging of my conduct when on the Bench, it is rendered doubly valuable. I am proud to think that the manner in which I have discharged my judicial duties has met your approbation, and I rejoice to know that the present mark of respect to my public character at once affords an answer to the charges which have been levelled against my private character. Gentlemen, it is with the deepest regret I separate myself from you, but I trust the separation will be temporary only, and that I shall return to you amply repaid for the troubles I have undergone, and be allowed the oppor- tunity of proving myself worthy of the respect and sympathy you have so kindly shown me.—Gentlemen, farewell. The Attorneys of the Court, hearing that the Chief Justice had decided to proceed to England, waited till Christmas Day, when they presented their address to him, accompanied with a handsome gold snuff-box. The address expressed the enduring respect they entertained for him, and was as follows :— Victoria, Hongkong, 25th December, 1847. To the Honourable Jonn Water Hume, Chief Justice of the Supreme Court of Hongkong. We, the undersigned, deeply regretting the nnfounded charges that have brought about your intended departure from this Colony, which we with great 1847. The address of the Special Jury. The reply. The Attorneys of the Court accompany their address witha handsome gift. 164 Ch. VIL § I. 1847. The Chicf Justice's reply to the address of the Attorneys of the Court. HISTORY OF THE LAWS, ETC., OF HONGKONG. sincerity trust will be but temporary, venture to express our esteem and admiration of your upright, able, and truly impartial discharge of the high trust reposed in you as Chief Justice of this Colony since the establishment of its Court of Judicature. The manifold benefits conferred by you whilst on the Bench in the speedy and effective administration of Justice ;-—-your unbiassed feeling, perfect equanimity, and great courtesy manifested towards suitors and their advocates, has at once endeared you to us, and has won for you the unqualified respect and affection of the community. Great would be our desire had the limits of an address permitted to dilate | upon the unvarying kindness exhibited by you towards us, and still greater would be our desire to be allowed an opportunity of joining our fellow-colonists in giving public expression to the enduring respect entertained for you, but as this is not agreeable to your wishes, we beg to proffer you the accom- panying token, to wish you all happiness during your sojourn at Home, and to indulge in the pleasing hope of seeing you again presiding over us as a judge, triumphant over the attacks of enmity, whether levelled at your professional fame, or at the purity of vour private and moral character. Norcort D’E. Parker, Ricuarp Co.ey, WILLIAM GASKELL, Solicitors. P..C. McSwyrney, E. Farncoms, The reply of the Chief Justice was as follows :— Saturday, 25th December, 1847. Gentlemen, No words can sufficiently express my gratitude for your very handsome and flattering address—an address which I am perfectly satisfied would never have found its way up here, had there been the slightest foundation for the gross charges, which have been brought against me. I have had the honour of presiding over Her Majesty’s Supreme Court at Hongkong as Chief Justice for upwards of three years, and it affords me the highest gratification to find that my conduct has been such as to win your esteem and admiration. During this period you have at all times, whether _ in Court or at Chambers, shown me the utmost respect. Believe me, Gentle- men, this respect has been mutual, for depend uponi it, to be respected, you must learn to respect others. It also gives me the greatest pleasure to think that, as Judge, I have secured the respect and good wishes of the suitors and of the community at large. JI join most cordially in the wish, so kindly expressed, that I may soon return and again preside over the Supreme Court; but, be assured, Gentle- men, that whether I have the honour of holding Her Majesty’s Commission in Hongkong or elsewhere, the remembrance of your address will never be obliterated. Youn have not stopped here; I see before me the splendid token of your respect. Valuable as this token is intrinsically, it possesses a value far more than its intrinsic worth. It will be treasured by me as an heirloom and handed down to my ehildren ; and if, when my earthly career is terminated, any kind friend should cast the foul charges which have heen preferred against me in their teeth, they can point to that token in refutation of the charges. But, much as I admire the token itself, the feeling which wrought the precions metal into its present handsome form demands my still higher admiration. CHINESE MARK OF RESPECT FOR THE CHIEF JUSTICE. 165 Gentlemen, whether our separation be long or short, I sincerely wish you all Uh. VUE § L health, happiness, and prosperity, and beg you not to judge my feelings by the brevity of my address, The principal Chinese residents of the Colony were not to be The principal outdone by their fellow-residents of other nationalities in show- CBS. ing sympathy with the Chief Justice. They also, on hearing of also show his treatment, spontaneously drew up and presented him with "2" an address in Chinese, containing upwards of one hundred signatures. The translation of the address is not here repro- duced in full, but in it appeared the following paragraph :— 1847, “4.0. We always had good ideas of Judge Hulme since the opening of the Honourable Court until this day. So we ought to make a large and valuable present for His Honour on his return Home as a mark of our respect, for virtue has always a good reward. We know well, however, Your Honour will not accept it, so we can only send this valuable paper and its contents to Your Honour for your uprightness, cleverness, and pureness which will be established through all the worll and go to the ear of everyone and also before your Queen in her palace, that she may know Your IIonour’s upright, clear, and pure heart......” The following was the Chief Justice’s reply to the Chinese The reply of p a . the Chief traders. It will be seen that the administration of English Laws Sustice to is touched upon by Mr. Hulme, leaving therefore no doubt the Chinese. whatever as to the applicability of those laws in the Colony upon the promulgation of the Charter,—a subject animadverted English law. upon before in the earlier portion of this work.* The Chief Justice said :— “ Chinese Inhabitants of Hongkong, This mark of respect to my public character affords me peculiar gratifica- tion. As Judge of the Supreme Court of Hongkong, it has ever been my study to administer ‘the laws of Hongkong fairly and impartially, totally regardless of the parties by whom redress from those Jaws may have been sought, whether Chinese or English. As inhabitants of a British Colony, one of the greatest privileges you enjoy is the right to a due and even-handed admiuistration of the English laws, and Iam satisfied that the more you become acquainted with these laws, the more you will learn to love and respect them. Be assured that no present you conld have made me would have given me half the pleasure that your expression of gratitude and respect. has afforded me. Farewell.” These addresses could not but have gratified the respected Grelitytng Judge himself; and to his wife and family they doubtless were (4) ;.¢ doubly precious as denouncing and disproving a foul slander, Justice's wife and The handsome gold snuff-box presented by the Attorneys of finiy. the Supreme Court bore the appropriate motto— Jndignante sotto on the invidia florebit justus,” and inside the lid, the words :— Rite “Presented by the Attorneys of the Supreme Court to the Honourable —~ John Walter Hulme, Chiof Justice of the island of Hongkong, as an humble tribute of their aduiiration of his unblemished integrity and upright demea- nour on the bench, and in testimony of their regard for his private and public character, which has gained him alike the contidence of the community, and the high esteem of the profession.” * See Introduction, ante p. 23. 166 Ch. VIII § I. 1847, Gencral sympathy with the Chief Justice. A disgraceful affair, Conduct of Governor Davis commented upon. Chief Justice Hulme a victim of persecution. The Compton papers, The recall of Governor Davis a probability. Departure of Chicf Justice Hulme. HISTORY OF THE LAWS, ETC., OF HONGKONG. Bitter, indeed, must have keen the feelings of the honourable gentleman’s slanderers when they perused the addresses. A very general sympathy towards the Chief Justice was excited by these painful proceedings. Altogether a more disgraceful affair than this had perhaps never occurred in modern times. Here was'a Governor of a Colony taking a dislike to a Judge and privately slandering him ; endeavouring to wriggle out of the difficulty when he found the secret calumny converted into open accusation; and finally trying the accused party by a tribunal of which he was himself President, and the members of which were permitted to give evidence against the functionary whose conduct was under inquiry. With what feelings of dismay the Chief Justice must have seen his accuser and the witnesses against him arrayed at once as Judges and Jurors, and how profound the admiration with which the European and native inhabitants of the Colony must have regarded such an exhibition of British justice !_ There was but one feeling on the occasion, which was that Chief Justice Hulme had been persecuted in a most disgraceful manner, and that he had passed most honourably through the fiery ordeal of an investigation into his private life. Malice and hatred had followed him to the table of his friends, but malignity itself had only charged him with being excited by wine twice in two years, and the charges had been refuted by many witnesses. The publica- tion of the Compton papers must have satisfied the people that even on more delicate points, Sir John Davis was by no means scrupulous or governed by nice feelings of honour. On the other hand, however, it was considered that if the charges against the Chief Justice were upheld, the immediate removal of that official would of necessity follow. No Judge discovered to be an “habitual drunkard” could for a moment be permitted to retain his seat upon the bench, so also, should the accusation fall to the ground, there was nothing to prevent the recall of Sir John Davis. In whatever light it was viewed, and in whatever way it terminated, the accusation could not fail but to attach scandal to the Colony. A Governor capable of bringing a false charge of drunkenness against the highest judicial officer in the Colony, was obviously altogether unfitted for his post. Before taking his departure from Hongkong “ Chief Justice Hulme begged through the press publicly to express his grate- ful acknowledgments to those gentlemen who had so kindly left their cards at his residence after the investigation into the charges preferred against lim,” and on Thursday, the 30th December, he, with Mrs. Ilulme, embarked for England in the P. & O. Co.’s Steamer Pekin. It will be recollected that he had arrived in the Colony on the 7th May, 1844, and that he had been THE CONDUCT OF SIR. JOHN DAVIS, 167 a fellow-passenger of Sir John Davis, the Governor. No further ch. vu § 1. opinion of the oppression of which he had been made the victim, or of. the high estimation he was. held in by the community was now necessary. It was fervently hoped that at no distant period he would return to the Bench, the integrity and independence of which he had so nobly sustained, and ‘for doing which he had now paid such a heavy penalty. The public had marked the conduct of his oppressors and had ceased to recog- nize them as gentlemen. At Pedder’s Wharf His Honour was attended by the British community and the leading natives. The Chinese displayed flags and discharged a quantity of erackers. Altogether the departure of the Chief Justice was that of a triumphant rather than a suspended functionary. On board the Pekin many of his friends accompanied him, where a champagne tiffin was spread on the occasion. The conduct of Sir John Davis towards Mr. Hulme had _ na- turally attracted attention outside the Colony, and soon became a matter of notoriety in the British Colonies. The press of India notably, without exception, denounced him,—for the last but most prominent item of intelligence which had reached India about the state and progress of affairs in the Celestial Empire, had been the somewhat startling announcement that the Chief Justice of Hongkong had been tried and suspended for drunken- ness! The career of the Governor had been closely watched in India whose commercial relations with this part of the world had now become so intimate, and the Compton Case and the opinion expressed by Sir John Davis as to the English in Canton was not unknown there, and the hope was now fer- vently expressed that this was the “last outrage of the despicable man” who, as Governor of the Colony, had for the last few years been hurrying on a promising Colony to ruin and exposing his country and countrymen to the contempt of the “ haughty and cunning Chinese.” — On the 30th November, appeared a Government Notifica- tion that “His Excellency the Governor had been pleased to appoint the Honourable Charles Molloy Campbell, Esquire, to officiate as Chief Justice of the Supreme Court in lieu of the Honourable John Walter Hulme, Esquire, who was suspended in accordance with instructions from the Right Honourable the Secretary of State for the Colonies, until,” added the Notification, ‘“ the pleasure of Her Majesty be known.” Rightly worded, as will be seen hereafter, was the conclud- ing portion of this notification, for deep and universal had been the sympathy manifested towards the Chief Justice who had endeared himself to. the community by his unflinching integri- ty on the Bench. In private life he had been esteemed and I847, The ovation given him by Europeans and natives. The Chinese display flags and fire crackers. A champagne tiffin on board, The conduct of Governor Davis as viewed outside the Colony. The Press of India. The career of the Governor, The Compton Case, Governor Davis as the ‘despicable’ man, Government Notification announcing appointment of Mr. C. M. Campbell as acting Chief Justice, Universal sympathy with Chief Justice Hulme. Mr. Hulme in private life, 168 Ch, VIII $1. 1847, Mr. Campbell had directed the prosecution against Mr. Hulme. How Mr. Campbell conducted himself on the Bench, Mr. N. DE, Parker, Crown Prosecutor. Ordinance No. 6 of 1846. Chief Justice Hulme only left the Colony one month after his suspension. Probable reason, The Establish- ment of the Supreme Court at the time of his suspension, Rumoured resignation of Sir John Davis, Mr. 8. G. Bonham as his suecessor, HISTORY OF THE LAWS, ETC., OF HONGKONG. respected for those virtues which sweeten existence, and the. very nature of his prosecution, not to say persecution, had only marked more prominently his good qualities as a Judge and as a member of society, and the one who had directed the prosecu- tion, strange to say, upon which the Chief Justice had been suspended, now succeeded him upon the bench, and, taken in connexion with Mr. Campbell’s “silent advice” as the result of the inquiry, no wonder he was now elevated to the bench in the place of Mr. Hulme.* That he did no credit. either to the Bench or himself will hereafter be seen. On. the elevation of Mr. Campbell to the Bench, Mr. N. D’E. Parker resumed his former position of Crown Prosecutor under Ordi- nance No. 6 of 1846, being gazetted on the same day as Mr. Campbell. With the exception of the Government having again no legal adviser, the Supreme Court was now practi- cally fully constituted. An extraordinary fact in connexjon with the changes noted above was, that Mr. Hulme did not leave the Colony till the 30th December, exactly one month from the time that he had been superseded by Mr. Campbell, but it may be that in: those days direct communication was only monthly with the mother country, and that therefore Mr. Hulme had had no other opportunity of leaving the Colony. There is no ground upon which to form any other conclusion. . At the time of the suspension of the Chief Justice, the estab- lishment of the Supreme Court consisted of the following:—Mr., R. D. Cay, Registrar ; F. Smith, Deputy Registrar ; Lieutenant T. Wade, Chinese Interpreter; Joao de Jesus, Malay Interpreter; William Hastings Alexander, Clerk of Court; G. A. Trotter, Clerk to the Chief Justice, and John Brooksbank, Usher. It had been understood for some time past that Sir John Davis had tendered his resignation, requesting that he might be relieved before the commencement of another hot season, and information now reached Hongkong that such was the case, though, of course, the outside public knew nothing positively upon the subject. But a reference to the different Commissions of his successor, Mr. Samuel George Bonham, shows that the news that; had reached the Colony was not mere idle rumour, and that in reality Sir John Davis, at this moment at least, was no longer Her Majesty’s Plenipotentiary and Chief Superintendent of Trade in China, for Mr. Bonham’s. Commission, as such, though not as Governor of Hongkong, was dated the 27th November, * “There was a half-caste barrister here at the time named Molloy Campbell, who + had engaged to do the needful for Sir John.” Lhe Friend of Ching, November 23, 1861, p. 720, LIEUTENANT SARGENT’S ASSAULT UPON MR. CAIRNS. 169 1847, Assuming, said a local paper, the truth of Sir Johnch. vit 1. Davis’ resignation to be correct, “was it not reasonable to conclude that he was influenced in his desire to retire by the conviction that he had got himself into what the Americans call a ‘fix,’ and that it would be better to walk quietly down stairs than to make his exit under a certain rough species of compulsion ?” Not a very flattering remark, it will be admitted, but suggestive of the feeling entertained for Sir John Davis in Hongkong. The case of Cairns v. Sargent, which had afforded some talk for a time, camé on for hearing on the 6th December. It was an action for damages for an assault and battery com- mitted by the defendant, a lieutenant in the 95th Royal Irish Regiment, upon the plaintiff, the editor ofa local paper, The Hong- kong Register. On the morning of the 26th August, the defend- ant taking offence at a paragraph in the piaintiff’s paper con- taining the report of a case in the Police Court in which, it was said, the defendant “ an officer of the 95th had assumed the part of an informer by laying a complaint that a lamp hanging in front ofa shop in Queen’s Road was not burning ’—a contraven- tion, it may be noted, against a local enactment mentioned in this work under the date of January last,*—and that the Magistrate had dismissed the case, “but declared he believed the charge to be true.and would do so until a witness was produced equally respectable as the informer,”—proceeded to plaintiff’s residence and, after charging him with having called him (the defendant) an ‘informer’ twice, struck him several blows upon the head with his fist and umbrella. . The Jury awarded the plaintiff $1,000 damages. The plaintiff was represented as a very inoffensive man and one who, as an editor, seldom had come to extremes or suffered ‘ gall to mingle with his ink,” and it was difficult to perceive that Lieutenant Sargent should have considered himself so much aggrieved that the only remedy left him was the infliction of serious bodily injury under the circumstances. A superior officer had tendered an apology on the part of Mr. Sargent, which, however, Mr. Cairns had, after taking advice, refused to accept. On Wednesday, the 8th December, evidently after he had got rid of his Home despatches, including that concerning Chief Justice Hulme, Sir John Davis set sail for Canton in H.M.S. Dedulus, Captain McQuhe, but, being becalmed, did not reach that place till Sunday, the 12th, when he on his arrival at once issued a circular through the Consul intimating to Her Majesty’s subjects that he “would be happy to receive from them any communication they may have to make to him.” During the Governor’s absence, Major-General D’ Aguilar as * Ante p. 123. 1847, Press conclusions, The case of Cairns ¢. Lieutenant Sargent of the 95th Regiment, Action for damages for assault and battery. The cause, Verdict, Plaintiff, editor of Honghong Register, an inoffensive man, Had refused apology, Governor Davis goes to Canton, Major- General 170 Ch. VIII § I. 1847. D’ Aguilar acts, December Criminal Sessions. Major Caine and his compradore. Abandon- ment of case against My, Tarrant. Mr. Parker’s reasons, Mr, Tarrant lays his case before Karl Grey, Governor Davis’ reasons for abandoning the charge, Mr. Campbell. Alleged sqeamish- ness, Mr. Tarrant asked Chief Justice Hulme to intercede for him with Kar! Grey, Governor Davis returns from Canton, He appoints his nephew, Mr. Mercer, a member of the Legisla- HISTORY OF THE LAWS, ETC., OF HONGKONG. usual assumed theadministration of theGovernment. Onthe 15th December, Mr. Campbell presided over the Criminal Sessions of the Supreme Court. The calendar was a short one and none of the cases were of importance, but a noteworthy incident was the abandonment at this Sessions of the case against Mr. Tarrant charged with conspiring to injure the character of Major Caine mentioned in October last.* The Crown Prosecutor, Mr. Parker, stated that ‘there was no case against Mr. Tarrant,’’ and he was discharged under proclamation. In consequence of this Mr. Tarrant now laid his case before Earl'Grey, the Secretary of State + It may be noted here that the Governor, Sir John Davis, gave, as his reason for abandoning the prosecution against Mr. Tarrant, that, as Mr. Campbell had advised the Government in the matter, he could not now sit upon the case! But this was, to say the least, an error. Mr. Campbell, it was said, had no such delicacy : at the very Sessions mentioned above, he had presided as Judge over more than one trial in which he had pre- viously appeared as Attorney-General ; at the Nisi Prius sittings held some time before, he gave judgment in:two cases in which he had been retained for the defence shortly before going to trial! The abandonment of Mr. Tarrant’s prosecution there- fore was ascribed to other causes than squeamishness on the part of the acting Judge. Availing himself of the Chief Justice’s departure for England, Mr. Tarrant, on the 20th December, addressed a long letter to Mr. Hulme, setting forth his treatment by the Government consequent upon the disclosures he had felt bound to make regarding Major Caine’s compradore. Mr. Tarrant informed the Chief Justice that “in anticipation that the unpleasant business which called him to England would be speedily disposed of, emboldened him to solicit Mr. Hulme’s valuable intercession and kind interest in his behalf with Lord Grey, in order to avert from him a portion of that injury which he had sustained through the performance of what he deemed ‘an act of imperative duty.’” But the Chief Justice, quite apart from his own disgraceful treatment, was not likely, with his own affairs in hand, to have interested himself on Mr. Tarrant’s behalf. Sir John Davis, having terminated his visit to Canton, returned hither on the 24th December, when he proceeded to fill up the other appointments which had become available consequent upon his suspension of the Chief Justice. On the 30th, the day Mr. Hulme left the Colony, he appointed Mr. Mercer, his nephew, who had come out with him as his Private Sccretary and who had now become Colonial Treasurer, to be a member of the Legisla- tive Council in the room of Mr. Hulme, Mr. Campbell for some reason not being given that honour. Mr. G. A. Trotter, having * Anté p. 150, + See Chap. x1, infra. THE JUDICIAL AFFAIRS oF 1847. 171 resigned his position of Clerk to the Chief Justice on the suspen- Ch. VIII § I. sion of the latter,* the Governor on the 31st December, on the recommendation of the acting Chief Justice, Mr. Campbell, appointed Mr. Edward Hutchinson Pollard to succeed him, Mr. D. R. Caldwell, on the same date, being also gazetted as Inter- preter and Assistant Superintendent of Police. At the December Criminal Sessions another important prosecu- tion was abandoned. It was that against Mr. Shortrede, the editor of The China Mail, for not conforming with the provisions of Ordi- nance No. 2 of 1844, by having removed his printing establish- ment éwo years before from one place to another without com- municating the fact to the authorities. It was understood that something lay at the bottom of this prosecution, as Mr. Shortrede had made himself rather conspicuous some time before in the matter of some revelations concerning the Police. Mr. Parker, the Crown Prosecutor, refusing to lend himself to such vexatious proceedings, decided to withdraw the prosecution, although the defence regretted “that the prosecution had not been suffered to take its course so.as to have had an opportunity of exposing its whole history.” The information had been filed by Mr. Camp- bell as acting Attorney-General, and was to have been tried before him as acting Chief Justice, the latter, it was said, “like a second Bottom, having undertaken the parts of both Pyramus and Thisbe.” The judicial affairs of 1847, as may be gathered from the foregoing, were not without considerable interest to the Colony or causing occasional sensational alarm or feeling of distrust in those placed in authority. The appointment early in the year of a Select Committee of the House of Commons to inquire into the condition of our commercial relations with China, the ex- pedition to Canton, the condition of the European Police, the appointments of Major Caine as Colonial Secretary, and of Mr. Hillier as Chief Magistrate in opposition to the wishes and greatly to the astonishment of those residents who apparently had the best interests of the Colony at heart, and last, though not least, the disgraceful and most humiliating suspension from - duty of Chief Justice Hulme by the Governor through petty spite and after having used every means in his power to lower and degrade him in the eyes of the public however unsuccessfully, and only to be shortly afterwards reinstated into office again by the Home authorities, as will be seen hereafter,f are all im- portant eras in the judicial annals of the Colony never to be obliterated. Irrespective of this, several other causes had com- bined to depress the condition of affairs in the Colony. * The records show Mr.-Trotter as a clerk in the Colonial Secretary’s Office in 1844, and in 1846 mention is made of him as an assistant in the Office of Mr. N. D'H. Parker, ‘+ See Chap. x, infra, ‘ ; 1847, tive Council in the place of Chief Justice Hulme. Mr. Trotter, clerk to the Chief Justice, resigns. Mr. Campbell recommends Mr. E. H. Follard as successor. Mr. DR. Caldwell, Interpreter and Assistant Superin- tendent of Police. Prosecution of Mr. Shortrede, Editor of the China Mail, for contra- vening Ordinance No. 2 of 1844 two years previously. Press contraven- tion. Prosecution is withdrawn, Information had been filed by Mr, Campbell who was to have tried the case. Judicial affairs of 1847; resund. 172 HISTORY OF THE LAWS, ETC., OF HONGKONG. ch. VI §t. The Chinese Committee during the year carefully investigated 17, some of them. From the report upon which they agreed after a The Report Jong and patient examination of the most competent witnesses ie upon the subject, it resulted that the causes of disappointment had Committee . ‘ . . on our been threefold,—first, they enumerated certain considerations commercl drawn from the geographical situation of the island, and the with China. method in which the development of its resources had been shackled by the stipulations of treaties previous to its occupa- tion ; secondly, and in addition to these inevitable or natural, disadvantages, there had been causes arising from internal ad- ministration or mal-administration rather of the affairs of the Co- Thedual_ lony ; and, lastly, there were others consequent upon the depen- position of |. dence of the Governor on two departments of administration at Home. As Governor of a Colony he was, of course, immediately dependent upon the Colonial Office. As representative, in a man- ner, of Great Britain at a foreign Court, and Superintendent of Trade, he was amenable to the authority of the Secretary of State Theeviis for Foreign Affairs. The evils of this divisum imperium, seen so of the _- vividly to his own astonishment by Sir John Davis in his treat- imperium. ment of Mr. Hulme, had been aggravated by this additional cir- cumstance, that these two departments of State, although pulling in different directions, in other respects had combined in their efforts to enforce upon the Governor a line of policy which, so at all events it was alleged, had been disagreeable to the incli- nations and hurtful to the interests of the Colonists. Under such circumstances, then, the task of Sir John Davis may not have been an easy one, and, if he had failed to reconcile so many incompatibilities, it may probably have been more the fault of circumstances than of the man. The registration system by which every Chinaman, twenty-four hours after he had landed in the island, was compelled to furnish himself with a registration ticket, stating his age, name, family, height, former residence, and occupation, had turned out extremely offensive to the Chi- nese. ‘The effect of it had been to keep away respectable Chinese from the Colony, and invite only men of bad character, Ordinaree though it was hoped that Ordinance No. 7 of 1846, promulgated No. 7 of 1846. carly in the year, would work an improvement over previous similar measures. Nor were the Police punishments less offen- sive to the prejudices of the Chinese. The point may have appeared ludicrous, but from an answer to Dr. Bowring’s ques- tion, as may have been seen, in addition to blows with a rattan the Police were in the habit of cutting off the tails of the Chi- nese. When they found they could splice ona tail, the Police ended by shaving off entirely the original appendage. All this may have seemed extremely ridiculous at first sight, but when it was con- sidered that the effect of the punishment was to drive the man on whom it was inflicted to desperation and to expel him from SIR JOHN DAVIS AFTER THE HULME EPISODE. 173 the society of respectable Chinese, it might perhaps have been Ch. Vill § 1. eondemned for wantonness and impolicy. Undoubtedly no j¢47, respectable Chinaman would enter a Colony and submit himself to the laws of a people of which he understood nothing, when the consequence of their infraction was a punishment that de- graded him in his own eyes as well as those of his fellow-coun-" trymen. During the year, Sir John Davis had several times absented himself from the Colony in connexion with various missions, accounting, no doubt, for the few legislative measures enacted during the year. Only six Ordinances were passed during the year. Ch. VIII § 1. The year 1848 opened with a proclamation announcing that pisatiowance Ordinances No. 10 of 1844, relating to the Naturalization of Bf Crdmanee Aliens within the Colony, and No. 3 of 1847, for the Prevention 1815, of Piracy, had been disallowed by the Home Government. On Naturaliza- the other hand, the Rule of Court of Hilary Term dated the Ist atiens. aes oad a . : : And January of this year, which passed the Legislative Council on @" ance the 20th of the month, relative to the execution of writs of capias No. 3 of 1847. on persons out of the Colony but within the jurisdiction of the oe of Supreme Court, was approved of and confirmed by the Secretary Approval of of State for the Colonies and duly notified on the 15th July. Qe On the recommendation of the acting Chief Justice, on the 5th relative to. January, the Governor appointed Mr. Cay, the Registrar, to be of writs of Master in Equity, and Mr. Pollard, the acting Chief Justice’s capiss. Clerk, who had ‘succeeded Mr, Trotter, to be Keeper of Records Registrar, and Muniments, and on the 11th, Mr. F. Smith, the Deputy sppointed Registrar, was appointed a Surrogate of the Vice-Admiralty mquity. Court for the purpose of taking affidavits. Keaper of The rumour mentioned at the latter end of last year that Sir John ioniments Davis had resigned proved to becorrect, and official intimation was 2.1 . e now received that Mr. Samuel George Bonham, whom rumour Surrogate of _ ’ . +. the Vice- had pointed out as the Governor’s successor, was really the nom1- { tinivaity nee. He had previously been Governor of the Settlements of Cout. Sing M 1; < d : * a d th t h Mr. 8. G. Singapore, Penang, and Malacca ; and it was announced that he 5 oyna was leaving England on the 20th January, and would arrive appointed ’ in the Colony by the end of March. ice Davie: His previous Sir John Davis had in the meantime taken his passage “" homewards for about the same time. His life at this time must have been anything but happy. Since his return from Canton on the 24th December last, and indeed ever since the Hulme episode, he was said to have led a retired life. He is reported to have been cut by every one of any standing in the island, St John He had not made his appearance in public from the time he Hongkong returned from Canton, probably not liking to pass without the sfer the least recognition, He gave $200 for a Plenipotentiary’s cup episode. 174 Ch, VIII § IL. 1848, Publi¢ opinion of Mr. Bonham, Sitting of the Vice- Admiralty Court under Mr. Camp- bell. The Chimmo Bay piracy. Too Apo, the informer. The Jury return a verdict of guilty on his evidence. Governor Bonham afterwards pardoned the prisoners. Major- General Staveley succeeds Major- General D’ Aguilar, HISTORY OF THE LAWS, ETC., OF HONGKONG. at the ensuing races, but no horses entered for the prize, and so many demonstrations of his unpopularity must have annoyed him considerably. But the appointment of Mr. Bonham, who was known to several of the residents, gave satisfaction, as they were unqualified in expressing admiration of his character. When Governor of Singapore he was universally esteemed ; his affability had gained him the good-will of those who didnot regard politics, while his liberal sentiments and close applica- tion to business were appreciated by others. He had had much experience in legislating for a commercial settlement, and it was therefore hoped that his career would not detract from his well-earned reputation. A Sessions of the Vice-Admiralty Court was held on the 24th January under the acting Chief Justice, Mr. Camp- bell, the senior naval officer in command, and Mr. Hillier, the Chief Magistrate. There were several cases of piracy, in one of which thirteen men were arraigned on a charge of piracy on the 18th December last. In this case one of the men turned Queen’s evidence. The Jury found the twelve others guilty and they were sentenced to death. Three of the other cases were of individuals charged with being engaged in the noted piracy on the Caroline and Omega in Chimmo Bay, reported in April last.* The evidence in all these cases was not only the same in substance, but obtained’ in the same way, from an accessory now an informer, so that the only evidence was that of the infamous Too Apo, a miscreant who, having con- fessed his participation in this very crime, had been allowed at the first trial in connexion with these cases to turn Queen’s evidence, pardoned, and then taken into the service of the Police as aninformer!} His testimony as to the guilt of the pri- soners, tainted in its very source and totally unsupported by other proof, as moreover was pointed out by the presiding Judge, was yet considered sufficient by the Jury who returned a verdict of guilty in each case. Strong comments were naturally passed in consequence, and the hope was expressed: that the (sovernor would not sanction the continuance of a system which probably was made use of for the purpose of extorting blood money. As will be seen hereafter, three of the prisoners con- victed at this Sessions and sentenced to transportation, two for life and one for three years with hard labour, received a free pardon from Governor Bonham in July of this year. Major-General William Staveley, c.z., who had previously served in Mauritius, in a similar capacity, and whose ex- pected arrival had been spoken of in succession to Major- General D’ Aguilar as Commander of the land forces in China, * Anté p, 139, t Id. ‘ THE DEPARTURE OF MAJOR-GENERAL D’AGUILAR. 175 arrived by the P. and O. Co.’s Steamer Braganza in the morning Ch, VIII § 11. of the 26th January with his family. He landed at about half past ten o’clock at Pedder’s Wharf, where he was received by Major-General D’ Aguilar and staff, with the military honours due to his rank. Qn the 27th he was gazetted as Lieutenant- Governor of Hongkong, and took the oaths and his seat asa member of the Executive Council on the same day. It was now announced that Mr. W. H. Goddard, the solicitor, had died in Singapore on the 27th J anuary. On Friday morning, the 4th February, four of the twelve pirates condemned to death at the recent Vice-Admiralty Sessions were hanged at the usual place in the presence of a large number of Chinese, the others having had their sentences commuted to transportation for life. Mercy is com- mendable, but in the present instance it was said not to be very politic. Piracy would never be put down until some fearful examples were made, and the lower bazaar clique completely broken up. Of the four men hanged, one had been a compra- dore in Canton for three years, and since then had kept a shop in the lower bazaar in Hongkong: another had for years been a a licensed pilot in the Colony. It was not therefore the mere dregs of society who committed these atrocities, but men who lived in Hongkong and kept up an appearance of respectability. It was a matter for regret, however, that in this case the convic- tion had been obtained on the unsupported testimony of the approver Too Apo, of whom more anon, The London Gazette of the 11th February announced the appointment of Major-General George Charles D’ Aguilar, c.B., as Colonel of the 58th Foot, vice General Maitland, deceased. Major-General Staveley assumed command of. the troops in succession to Major-General D’ Aguilar on the 16th, drawing his allowances, however, from the 26th January, the date of his arrival in the Colony. General D’ Aguilar returned to England by the P.& 0. Co.’s Steamer Lady M. Wood on the 28th February. He had been upwards of four years in China, having arrived in the Colony on the 27th December, 1843. A party of his friends testified their respect by giving him a dinner at the Club on Thursday, the 24th, the heads of all the branches of the naval and military services being invited, but invitations were not extended to any of the civil establishment. Several ad- dresses were also presented to him before his departure, and al- though he had sanctioned some of Sir John Davis’ worst acts, and to some extent had endorsed the misrepresentations of the latter made to the Home Government regarding his countrymen in Can- ton, the people of the place were inclined to forget all his faults on account of his magnanimous conduct towards Mr. Hulme, the 1848. Heisgazetted Lieutenant- Governor of Hongkong. Death of Mr, Goddard. Execution of pirate con- victs, Piratical acts and the position of* those who committed them, Not the mere dregs of society, Too Apo, the informer, Major- a D'Aguilar appointed Colonel of the 58th Foot. Departure of Major- General D’ Aguilar. A dinner in his honour. Addresses. His magna- nimous conduct 176 HISTORY OF THE LAWS, ETC., OF HONGKONG, ch, vitl ¢ 11. Chief Justice, on the occasion of the persecution of the latter by us, Sit John Davis, who contrived to bring amongst his charges of towards inebriety, one of Mr. Hulme having been drunk at the General’s Ghief Justice house at a dinner party given by him. Notwithstanding his stre- nuous protests against this charge being gone into, and above all that a letter which he had written to the Governor upon the sub- ject, marked ‘ private and confidential,’ and which the latter had kept, being made use of, the matter was gone into. It was no wonder that the General was indignant under the circumstances, Bythissingle and that by this single act of his he should have gained in act Major- the estimation of the public to the extent of his faults and eccen- General pennies tricities being almost forgotten at his hour of departure from cecentricities the island. In his capacity of Lieutenant-Governor, General 2 coe D’ Aguilar had had few opportunities of action, but during the Lieutenant- occasional absence of the Governor he had manifested the same le le solicitude for the interests of the community, not forgetting the reviewed. military aid he afforded the Police when most wanted, in : putting down robberies, as in promoting the welfare, com- fort, and efficiency of the troops. Of this he left behind him lasting proofs by the new military barracks and hospitals which he caused to be built, thus redeeming Hongkong from a reputa- Mr, Compton tion for mortality which had become proverbial. Curiously ae enough, amongst his fellow-passengers Home, was Mr. Compton, England. the gentleman from Canton who had given so much trouble all round, and whose case has been already so often referred to. If they ever spoke on board, Mr. Compton must have often alluded to poor Chief Justice [lulme and to the trouble he had brought upon him. The Dublin Before concluding with Major-General D’Aguilar, it may not Oniversity : . 5 . : Magazine, be inappropriate to reproduce here the following amusing skit artes in reference to him, and which so fully shows up the General General in some of those eccentricities for which he had acquired so much Diaguilar, notoriety here. It is also taken from The Lublin University Magazine of July, 1847, before referred to. The reference to Ta parece the “Bambou Act,” alluded to herein in August, 1844, and Cackling the ‘‘Cackling Geese,” now a new subject, will afford some Geese. merriment :— ® . ae “THE BAMBOO ACT.” “An Ordinance of the same year formed the subject of much bitter feeling, and no small amusement to many, for a long period. Robberies and house- breaking being of frequent occurrence, it became necessary for merchants and private individuals to employ watchmen, who, according to custom, struck together two hollow pieces of bamboo, to show they: were on the alert, as they walked round the premises. During the temporary absence of the Governor, who went to visit the ports, the Major-General assumed the reins of Government as Lieutenant-Governor, and caused an Ordinance to be passed and promulgated, prohibiting urder certain pains and penalties the striking of these hollow pieces of bamboo between the hours of eight o’clock LAND. 177 in the evening and five o’clock in the morning. This gallant officer was the Ch. VIII § II. only person who complained of this usage ; he alone declared that his health was sacrificed—his slumbers disturbed—and he alone had no occasion for a watchman, having a military guard. His edict was universally complained of, as those who employed watchmen had a right to require an audible proof of their vigilance. ~ It was considered too good a joke, that because an old soldier who ought to have been accustomed to war’s slarms could not sleep, merchants and private individuals were to be suddenly deprived of the protec- tion for which they paid, without the substitution of a better. In spite of much squabbling, the grumbling of the Major-General, and his personal visits, attended by the Police, the watchmen of the merchants continued to beat the bamboo ; and many. a laugh was raised by this ‘damboo question’ during the progress of the strife. The slumbers of the Major-General, it must be owned, were very easily disturbed. He could not sleep if a goose eackled ; an American trader who lived opposite to him was therefore requested to kill or remove all his geese, as their cackling caused the Major- General to awake at too early an hour in the morning! !!"’* 1848. Major-General D’ Aguilar died in London, on the 21st May, Death of 1855. At the time of his death he was a Knight Commander Maier, of the Bath, and had reached the rank of Lieutenant-General. D’aguilar. From the Report of the Select Committee of the House of Lana. Commons before noticed, it appeared that, after a most minute inquiry into all the circumstances of the land sales in Hong- kong, the Committee did not recommend any reduction in the rates at which land was purchased. The principal evidence as regards land sales and land tenure was given to the Committee by Colonel Malcoln, who was a member of the local Committee appointed by Governor Sir Henry Pottinger on the 29th March, 1842, and by Mr. Scott. In his evidence before the Committee of the House of Commons, Colonel Malcolm stated that he conceived that, for the price which was paid, the land ought to be held for 999 years or in fee-simple ; that such an arrangement would be most decidedly advantageous to the Government, and that the circumstance of the leases having been confined to short terms had been disadvantageous to the interests of the Colony. Colonel Malcolm, further, in his evidence, denied that Sir Henry Pottinger had done all in his power to force the merchants to settle at Hongkong, and stated that the moment it was announced that the island was to be retained as a British Colony, the merchants flocked over from Macao, and did every- thing in their power to induce Sir Henry to give them land, which he refused to do until he had received further instructions from England; that those who had been fortunate enough to secure land when Captain Elliot was Plenipotentiary, instantly commenced building on a large scale, for, being under the impres- sion it was to be a free port, they predicted it would be the depot from which the five ports of China would be supplied ; that * It may here be noted that the above and other articles in Lhe Dublin University Magazine, previously quoted, were ascribed to Mr. H. (. Sirr, the barrister (mentioned anté_p,_35), but with what degree of certainty is not apparent,—J. W. N. K, 178 HISTORY OF THE LAWS, ETC., OF HONGKONG. Ch, VII § 11. large:sums had. been, offered. for the sites which had been allotted 1848, by Captain Elliot and: when Sir Henry put the land up. to auction, the prices it brought were strong evidence of the opinion the merchants had of the value of the place; that. in a few months an extended trade sprung up, and immense quan- tities of piece goods were sold on the island, which were transported to the mainland im native boats; that small vessels were passing hourly between Canton and Hongkong, carrying the goods which were sold by sample at the former place, and, daily, vessels were coming from the north to obtain supplies for the other ports; and that no complaint was then heard of the want of accommodation at Canton, for little was required, the principal merchants merely thinking it right to have a house. for a junior partner to transact business at, keeping their ware- houses, etc., at our own settlement, as they preferred having their property under the protection. of the British flag. Such Colonel Malcolm stated, was the state of the Colony when he _ left it in the year 1843. Mr. Scott, in his evidence before the Committee (as referred to in The Times newspaper of the 15th January, 1847), stated that the grievance of which the Chinese complained, and which had. rendered them unwilling to lay out any money in the island, was that they thought themselves Hable to be dis- possessed at any time of any land they might purchase ; and, as an. example of the dealings of the Government with the Chinese, Mr. Scott stated that lands were given to them in 1841-2 by the proper Land Officer, with certificates of owner- ship, and, under the authority of the local Government, they were. subsequently dispossessed by orders sent out from Home, the lots having been sold over their heads. The comment of The Times newspaper upon this is, that this is the old Colonial grievance. If an Englishman’s house, in his own country, is his castle, his house in a colony is that particular spot of earth from which he is most certain to be ejected; that it might naturally have been supposed that in an island so small as Ifongkong some continuous line of policy might have been followed from. the beginning. As a result of the negative nature of the report of the House of Commons upon the land tenure and Crown rents levied upon the lands of the Colony, the landowners, on the 19th February, forwarded, a petition to Earl Grey, the Secretary of State for the Colonies, praying for the abolition of the land rents. : ean A review of the position of affairs as regards the land rents LAND. 179 at this time appeared in Lhe Friend of China newspaper, for ‘Ch. VUI § IL 1848, (p. 64), as follows :— oi “A most unfortunate time has been chosen for the memorial to Lord Grey praying for au abolition of the land rents, and we fear that this document will tend to confirm the impression which prevails at the Colonial Office, that we are unreasonable in our demands. The report of the Select Committee lately engaged in investigating our commercial relations with China and the state of Hongkong has not yet been discussed in the House of Commons ; but with that report before us, and the mass of evidence which accompanies it, we confess, we do not see the slightest hope of any important reduction in the land rates—or indeed any reduction at all. After a most minute inquiry into all the circumstances of the land sales, the Committee have not recommended a reduction in the rates at which the land was purchased ; but it has done that which is of far greater consequence : it has recommended the entire removal of all restrictions upon trade. From the cession of the island until now, Her Majesty’s Government have looked upon the public lands as almost the sole source of revenue, and itis not to be supposed that after the best portions of these lands have been secured by individuals, Government will remit the rent for which the leases were actually purchased, and raise an equal amount of revenue by resorting to taxation. Neither can it ‘be credited that these rents will be abandoned, and Government assume the whole expense of the civil establishment. In no civilized country do people live free of taxes of some kind or another, and apart from the obnoxious excise imposts, we have but one tax in Hongkong,—that for Police. "The land rent is not a tax; the lands are sold and the purchasers believe they have got an equivalent for their money,—if they are mistaken afterwards, they may be said to have made a bad bargain, a matter of frequent occur- rence in life. But remit these rents, and raise the same amount from ‘taxation, and the Colony will be borne down, to relieve, or possibly enrich the Jand- holders. It would be unjust to all who do not own land, to allow those who have purchased the finest sites to sit rent free; and so far from furthering the prosperity of the Colony, it would wither it up for ever. No, remove every fiscal restriction upon commerce, and give an intrinsic value to property which it does not now possess, and there will be few complaints of heavy ground rents ; but cancel the obligations for rent, and we will be saddled with taxes, port dues, ete., and every article of consumption will bear a fiscal charge. We would remind our readers of Lord Aberdeen’s sentiments upon this head, and if His Lordship’s liberal commercial policy has not been carried out, the blame lies at the door of an illiberal local Government. Addressing Sir Henry Pottinger, under date of 4th January, 1843, His Lordship says,— 1848. “ The intention of Her Majesty’s Government being that Hongkong should be a free port, and that the harbour dues should therefore be as light as possible, so as to give every encouragement to the commerce of all nations, it is clear that no revenue can be looked for from import or export duties to cover the expenses attendant upon the occupation of the island. The principal source from which revenue is to be looked for is the land ; and if by the liberality of the commercial regulations enforced in the island, foreigners, as well as British subjects, are tempted to establish themselves on it and thus to make a great mercantile entrepdt, with very limited dimensions, Her Majesty's Government conceive that they would be fully justified in securing to the Orown_all the benefits to be expected from the increased value which such a state of things would confer upon the land.” The views of Her Majesty’s Government as laid down in the ahove extract appear liberal and just. ‘The colonists, however, have good ground of com- plaint in so far, that while high rents are secured to the Crown, the restrictive commercial legislation of the Colonial Government has frustrated their 180 HISTORY OF THE LAWS, ETC., OF HONGKONG. Ch. VIII § IL reasonable expectations of this being a great commercial eutrepét, and many 1848. have been induced to invest large sums in unprofitable property, and this is the principal grievance which requires to be redressed, Sir Jobu Davis and his friends will, no doubt, encourage the belief that the high ground rents have been the drag upon our advancement, which is a fallacy. Two, or three hundred dollars of rent less or more will not keep merchants from settling in the Colony. It was the utter prostration of trade resulting from monopolies of the chief articles of traffic, and other wretched acts of legisla- tion, which drove away the little commerce we, had when the present Governor entered upon office; but we fear that this memorial will be twisted into an admission on the part of the inhabitants that such is not the truth. | The privilege of memorializing the Government is one of high value, but before making use of that privilege, it is prudent to consider whether there are good grounds to believe that the prayer of the memorial will be granted. In the present instance an abolition of the ground rents, or the reduction to a nominal rent, appears hopeless. In support of an opinion (which, by the way, we have substantial reasons for wishing to be erroneous) we refer to the documentary and other evidence published in the report of the Select Com- mittee ; a brief review of which, as far as regards land rents, will enable others to judge of the probable success of the memorial, as by this report its fate will be settled. On the 7th June, 1841, Captain Elliot gave notice that on the 12th “a sale of the annual rate of quit-rent of 100 lots of land having water frontage, will take place at Hongkong.” This sale was postponed to the 14th from the difficulty in surveying the ground. A Notification states that only 50 lots had been put up, but in point of fact there were only 35, 11 having been reserved, and 4 not marked out at all. Of the 35, 34 were sold; the dimensions of one are not given, but 33 averaged £69 per 10,000 square feet, the aggre- gate amount of sale being £3,067 for 445,965 square feet. The lots were put up at £10 each without reference to size, the purchasers being required within six months to erect a building of the value at $1,000. At the upset price the rental upon the 34 lots actually sold would have been £340; but from competition it was run up to £3,272.10s. Captain Elliot appears to have been surprised at the result, as on the 17th June, three days after the sale, he addressed the purchasers to the effect that he would “move Her Majesty’s Government either to pass the lands in fee simple for one or two years purchase at the late rates, or to charge in future no more than a nominal quit-rent, if that tenure continues to obtain.”* On the faith of this promise, more money was laid out in improvements than otherwise would have been done; but as has already been shown from Lord Aberdeen’s despatch to Sir Henry Pottinger, the British Government determined when the island was ceded, to look to the land rents for a revenue, leaving the Colony free of import or export duties. These sales, it may be remarked, were confirmed after tho island was ceded, rent being paid from that date at the rate of sale in June, 1841; the title granted was a lease for 75 years. When the lots were first sold it was uncertain where the town would fix itself, aud the rates varied extremely, — thus lot No. 15 containing 15,900 square feet was purchased for £20 per annum (the average of sale would give about £105); lot 24 of nearly a similar size was knocked down for £160, and other lots, sold at large prices, have from their locality proved nearly valucless. ‘The cheap lot mentioned (15) is one of the best on the island being near the centre of the town ; but this is as much the result of chance as of judgment—had. the town been taken either east or west, it would have been unproductive property. Subsequent to this sale, grants of land were made by Mr, A. R: Johnston, though it appears upon his own responsibility. The marine lots were fixed *'Sce Introduction, anté p. 8. LAND. “ i8l at the average of the June sales ; the town lots at the rate of £20 an acre, Ch. VLIL§ IL and suburban lots at £2 an acre. The: title of the marine and town lots a was to be in perpetuity ; the suburban lots, grants for 100 years. It was on igae, the faith of this arrangement, that a large portion of the town was built ; and the complaints of those who had afterwards to pay the average of the sales of January, 1844, appear more reasonable than those from holders of marine lots for which they have not been called upou to pay more than they bargained for. The whole of these grants were repudiated by Sir Henry Pottinger in compliance with instructions from Lord Stanley. A Committee was then appointed to inquire into the nature of the claims to the various grants, and where improvements had been made, leases were given for 75 years. Individually, there were many cases of hardship in this settlement, but it does not appear that the Committee acted unfairly.* On the 12th December, 1848, a sale of the leases of public lands was advertized to be held on the 22nd January, 1844. The lots to be sold were all town lots extending from the Harbour Master's hill to the central police station, comprising what is now the centre of the town. On the day of sale, there was a large attendance, and the form of a 75 years’ lease was read, but the terms of sale were unknown, or ouly known to a few, in consequence of this (there being no forfeiture should the leases not be taken up), there was an animated competition, aud the inland lots were run up in some instances to prices higher than marine lots sold for in 1841. Making every allowance, however, for a forced competition—such for instance in people purehasing lots adjoiuing those upon which they had built, and others purchasing lots upon which they had already built without having a title to the land—it was still evident that much confidence was felt in the value of the land, indeed, subsequent to the sale several of the lots changed hands at a considerable premium. The next land sale was held on the 12th July, 1844, three years after Elliot’s sale. ‘Twenty-four lots were offered and sold, 12 being marine and 12 inland ; but it is to the marine lots we particularly refer, as showing that after the tenure was kuown, that description of property was still in favour. The twelve lots measured 199,719 square feet, the aggregate amouut of the annual rent being £1,815, or £90 for 10,000 feet. This was a large advance upon Elliot’s sale, and is a fatal auswer to the argument that that sale should be set aside on the grounds thatthe competition was “unnatural.” It is worthy of notice that at the sale of June, 1841, lot 15, measuring 15,900 feet sold for £20 ; at that of July, 1844, the adjoining lot (14) measuring 13,512 feet brought £204, and after the sale was disposed of for a premium of $2,000. In the face of this documentary evidence it is vain to expect any material reduction in the land rent; but were the prayer of the memorialists granted, and a pro rata deduction made, it would not in any degree equalize the rents; No. 14 would still pay ten times the rent of No. 15, though this property is not more valuable, Both lots were purchased at open auction, and, however heavy the reut may fall upon No. 14, he has uo just cause of complaint ; were the British Government to take 25 per cent. from the rent roll he would pay £153, while his neighbour only paid £15. No. 14 and those in a similar position can only be materially benefited by the entire abolition of the land rents, and the wildest dreamer cannot expect this ; neither is it desirable that this should be done, as land is the legitimate source of revenue. From the documentary, we turn to the oral evidence before the Select Com- mittee, and there is little to encourage a hope that Government will be induced to abolish the land rates, though there is enough to warrant the * For previous notes on this subject, sec anté pp, 26, 36,71, and 144, and references there given. ay ; ; — 182 Ch. VII'§ I. 1848, Rules of Court regula- ting admis- sion of Translators and Inter- preters. Supreme Court re- moved from Wellington Street to the resent, uilding in Queen’s Road. The Irish celebrate St. Patrick’s Day in the old Court House. HISTORY OF THE LAWS, ETC., OF HONGKONG. assumption that a petition having for its prayer an alteration in the land tenure would meet with attention; and it is.a matter of regret.that the memorial has not made the land tenure its prominent feature, with a mere allusion to a reduction of the land rents. We cannot but think that the 75 years’ lease has had some influence in keeping away respectable Chinese settlers. It is a tenure which they do not understand, and to them one of -longer endurancé is of more consequence than to Kuropeans. The latter are a migratory population ; in twenty years, of those now on the island not one may remain, and on leaving the Colony most of them will dispose of their property and cease to be interested in it. With the Chinese it is different. Should a respectable class ever be induced to settle, they will be like the Parsees of Bombay; this will be their home; here their money will be invested, and their children brought up and settled; they will therefore expect to hold their property by some more enduring tenure than a short lease.” * * ” * “We close with an extract from Sir Henry Pottinger’s despatch to Lord Stanley of date 4th May, 1844,- enclosing copy of a letter from “ certain landholders.” It has generally been supposed that Sir Henry was. opposed to a long lease, but from this and other documents it appears not.” “Your Lordship will have seen from the copy of the lease, which forms Enclosure No. 11 to my Despatch, No. 3, of the 23rd January last, that it has been provided for in that document that the buildings shall all become the property of the Crown at the expiration of the 75 years for which the leases are to run; and I am told that this is usually the case in leases of the sort. But there can be no doubt that the strict enforcement of that clause will operate towards deterring people from expending so much money, as they otherwise would do, in improvements, by building quays, docks, ete.: and when I look to the high rates of rent at which land of itself has hitherto let in this island, I cannot doubt but a favourable consideration of the prayer contained in the present application would lave the most beneficial effect on the future prosperity of the Colony. I should therefore be glad, did it accord with the views of Her Majesty’s Government, to see that clause of the lease so modified as to ensure the owners of the different locations, the certainty of retaining possession, subject to such augmented rates of ground rent as the probable increased value of land will then justly authorize.” Rules of Court regulating the admission to practise of trans- Jators and interpreters in the Supreme Court, and tables of fees in connexion therewith, passed on the lst March, were duly approved by the Legislative Council on the 2nd of that month, Until this time the Supreme Court had been held in a building situate in Wellington Street, and had but recently removed into the present and, for that period of the Colony, more commodious building in Queen’s Road. The former building, after the removal of the Supreme Court, and where so many noteworthy incidents had taken place as have been duly recorded in this work, was shortly after put to quite a different purpose than that for which it had hitherto been used, the Irishmen of the place cele- brating St. Patrick’s Day by giving a public dance in the hall of the old Court House: a worthy manner of washing off the many sorrows that had been enacted ‘in the place, without run- a ee a ye, : EC en = aos mime =e Me ol) eo SD SUPREME COURT—LARGE ROOM. THE NEW SUPREME COURT HOUSE IN QUEEN’S ROAD. 183 ning the risk of incurring any pains, troubles, or penalties for Ch. VIII § II. their conviviality.* 1848. How badly planned from the commencement, and unsuitable for the purpose, the new Supreme Court House building ever proved to be, the many references, to be found in the records as this work progresses, fully testify. A military guard, it may here be added, was placed in charge of the building at its opening. fF * The following is the notice that appeared at the time in connexion with this festi- vity :— Bal Masqué, At the Old Court House, Wellington Street, On the evening of St. Patrick’s Day, The 17th March, 1848. Commencing at Hight o’clock. Tickets, $4 each, to be had of the several store-keepers, Victoria. ¢ This was withdrawn in March, 1857—see Chap. XVIII., infra. Chap. IX. Arrival of Governor Bonham. Return of Mr. Sterling, Attorney- General, fron: leave, 184 CHAPTER IX. 1848. tg) Arrival of Governor Bonham.—-Return of Mr. Sterling, Attorney-General, from leave.-- Governor Bonham assumes duty.—-His Commissions.—Sir John Davis,—Mr, Sterling resumes duties as Attorney-General—Mr, Campbell continues as acting Chief Justice — Myr. Campbell’s subserviency to Sir John Davis.—Departure of Sir John Davis.—Manifes- tation of Captain Baker of the /ekin.—Compliment uncalled for.—-H.M.S. Melampus salutes.—Comments about Sir John Davis.—Disposition of Governors of Colonics.—Sir John Davis as a Governor.—His services in China,—The duties of Governor of Hongkong and Superintendent of the Trade of British Subjects —The Merchants.—Sir John Davis of retired habits.—His legislation —Comparison with that of Sir H. Pottinger—Sir H, Pot- tinger had no assistance.—Sir John Davis had a complete establishment.—The nature of his legislation.—Odium attached to him anent suspension of Chief Justice Hulme,—Gov- ernor Davis’, resignation: was accepted unhesitatingly.—Departure, of Major-General D’Aguilar.—Departure of Mr. McGregor, Consul at Canton.—Mr. McGregor’s career in China.—Testimonial before his departure.—Commercial interests of England at Canton.— Mr. Elunslie acts for Afr. McGregor.—I'ree pardons to European convicts.,—Mr. Thomas Wade acts as Private Secretary to Governor Bonham.—April Criminal Sessions held in new Court House.—Too Apo, the informer, charged with extortion.—Police confidence in him.—How he contrived to deceive-—His unsupported testimony implicitly relied on, — Known as an offender by the Volice.—Through fear of his influence he is not denounced, - Murder will out.—Mr, Caldwell’s attitude.—Conviction of Too Apo —His insolence to the Court.—The victims of Too Apo.—The services of informers.—The authorities and Too Apo.—Consular Ordinance No.1 of 1§44.—The Law of England.—British subjects, —+urisdiction of the Court.—Tbe Attorney-General and the practice of trying cases com- mitted outside the harbour, before the Criminal Court.—Mr. Campbell, acting Chief Justice, on the subject.—The Attorney-General and the Acting Chief Justice upon statua of prisoners as British subjects under Consular Ordinance No. 1 of 1844.—Prisoners wrongly convicted.--The case of the Portuguese against Mr. Hillier.—Acting Chief Justice Campbell directs jury to non-suit—How he treated the plaintiffs’ attorncy.— Mr. Campbell’s ‘law.’—Mr. Campbell exhausts the patience of suitors and others.— He continues to act as Chief Justice until return of Chief Justice Hulme whose reinstate- ment is rumoured.—He would not resign in favour of Mr. Sterling, the Attorney-General. --Governor asked to place a ‘qualified’ person on the Bench.-Comments upon Mr. Campbell.—Considered unfortunate that Governor Bonham had not removed him.—Sir John Davis wished Mr. Campbell to dispose of certain cascs.—The case of the Portu- guese against Mr. Hillier.—April Criminal Sessions. Whether Supreme Court as now constituted creditable to the Colony.—Attorneys discontinue entering cases for hearing before Mr. Campbell.—Arbitrary conduct of Mr. Campbell.—A Mr, Buchanan is fined for contempt of Court.—His alfidavit.—He is imprisoned.— He “ must abide the course of the law.”—He remained in gaol until released by the Governor.—Convicts sent to Penang.— Governor Bonham’s tour, Puncrvar to anticipation, the P. & O. Co.’s Steamer Pekin, the very boat by which Mr. Hulme had left Hongkong after his suspension, * arrived on her return voyage, on the 20th March, having on board Governor Bonham and family, with Mr. Sterling, the Attorney-General, who had returned from leave. The boat anchored in the harbour at 12 o’clock, and half-past two being the hour fixed for the landing of the new Governor, preparations were made for receiving him with all the honours due to his high office. Precisely at the hour appointed, the barge approached the wharf and as His Excellency * See anté p. 166, DEPARTURE OF SIR JOHN DAVIS. stepped on shore, he was received with a salute of seventeen guns. He was received on landing by Sir John Davis, General Staveley, and a military guard. A large number of civilians were also present and hailed him witha hearty cheer. From the landing- place to Government House the road was lined with troops, who presented arms as His Excellency passed, accompanied’ by Sir John Davis. Mrs. Bonham was escorted by the Honourable Mr. A. R. Johnston. On the 21st March,. the Governor having taken the usual.oaths in Council and assumed the duties of the Government, directed the publication of his various Commissions. That of Chief Superintendent of Trade, under signet and sign manual, was dated the 27th November, 1847, thereby showing that. Sir John Davis must have resigned or expressed a wish to resign early in that year, and his other Commissions as Governor ind Judge of the Vice-Admiralty Court were dated the 15th and 17th December, respectively. Now installed, high expectations were formed of Mr. Bonham. On the 21st March it was also notified that Mr. Sterling, the Attorney-General and a member of the Legislative Council, having returned to the Colony, had that day re-assumed the duties of his own office. This notification was not with- out causing some surprise to the public. It appeared incon- gruous to see a barrister of eighteen years’ standing performing the duties of Attorney-General, while the Bench was occupied by. a gentleman who had only been a few years at the bar,* and the absurdity was all the greater when it was considered that-the junior on the Bench was only there at.all by virtue of his having been appointed to act for his senior as Attorney-General during his temporary absence in England. This “circumstance, however, as.is usual in such cases, had evidently some object in. view, and Mr. Campbell, moreover, had. shown his subserviency to Sir John Davis, who naturally showed disinclination .to remove him. Sir John Davis sailed for England by the P. & O. Steamer Pekin on the 30th March. About one o’clock the garrison was drawn out and lined the road from Government House to the wharf, where a guard of honour was stationed. Sir John passed down the line, in company with the Gov- ernor, the Secretaries, and other officials, and was met at the Queen’s Road by the General and his staff and the members of. the several departments. He embarked under the usual salute, the Governor, Mr, Bonham, and the principal officials accompanying him on board. As he stepped into the boat, the officials raised a faint cheer, but few of the inhabitants '* Mr. Campbell had only been called to the Bar on 22nd November, 1844—see Roll of Barristers, App., infra. + See anté Chap. v § 1, p. 121, 185 Chap. IX: 1948, Governor Bonham ; assumes duties, His Commis- sions, Sir John Davis. . Mr. Sterling restmes duties as Attorney- General. Mr. Campbell continues’ ° as acting: ~ Chief Justice, Mr. Camp- bell's subserviency to Sir John Davis. Departure of Sir Joba Davis... 186 Chap. IX. 1848. Manifesta- tion of Captain Baker, of the Pekin. Compliment uncalled for. HISTORY OF THE LAWS, ETC., OF HONGKONG. were present to swell the sound, and those who were at- tracted by curiosity to see the ex-Governor embark did not join in the official demonstration. Captain Baker, of the Pekin, manned the yards of the steamer, and had five blacks dressed out in scarlet to receive Sir John Davis. This compli- ment was considered uncalled for and in bad taste on the part-of the Captain, but surely such a trifling affair should hardly have -. been questioned or considered worthy of objection, as it was at HLM.S. Melampus salutes. Comments about Sir John Davis. ‘Disposition of Governors of Colonies. Sir John Davis as a Governor, least agreeable to Captain Baker himself, As the. steamer passed down the harbour, a salute of seventeen guns were fired by H.M.S. Melampus. Thus departed the man who had made things so uncomfortable for most people during his government of the Colony. Sir John Davis, in consequence of his treatment of Mr. Hulme and other matters touched upon herein, had made himself quite notorious in the Colonies, the press of which blamed hin, and while saying that the evil he had done would live after him, and describing what. “‘ might have been a flourish- ing and happy Colony.” in reference to Hongkong, ‘‘as a, hell upon earth,”— added that ‘under the gentle rule of Mr. Bon- ham the inhabitants of that Barataria might now hope for better days.” . . = It sometimes happens that, in our distant Colonies, men entrusted with administrative prerogatives betray dispositions which are never suspected to exist in them previously, and give the rein to passions, follies, and indiscretions which, when repeated at Home, seem incredible. Sir John Davis was represented to be one of these men—arro- gant, arbitrary, and rash in many of his undertakings, and these failing through their own utter inefficiency as much as from the ' opposition they encountered from men of sober judgment who His services in China. calculated consequences as well as means,—- he was unscrupulous as to the means of excusing his own errors and throwing’ the blame of his blunders upon the shoulders of other parties. ° He had arrived in Hongkong on the 7th May, 1844, as successor to Sir Henry Pottinger.* His services in China, however, reached toa much earlier date, having commenced in 1813, under the East India Company, and continued to the close of its Charter in 1834, in which year he was appointed second Superintendent of Trade to Lord Napier. On the death of that nobleman in Octo- ber following, he succeeded as Chief Superintendent. ;. but a few months afterwards he resigned and sailed for England in January, 1835. In1844, he returned as Plenipotentiary, Superintendent of Trade, and Governor of Hongkong. In the discharge of the duties of these high offices his policy received the unifcrm support and approbation of the successive ministries under whom he acted, ‘ * Anté Chap. IL, p. 47, THE LKGISLATION OF SIR JUHN DAVIS, but met with local opposition, remonstrance, and abuse such as few representatives of the Sovereign in distant lands had_ with- stood. The former could only be secured by carrying out the instructions of the Home Government, or by the successful exercise of discretionary powers, while the latter would seem to be in a greater .or ‘less degree the fate of all governors, but they were, in the case of Sir John ‘Davis and his predecessor, aggravated ‘by the peculiarity of the circumstances in which they had been placed. “The most prominent of these circumstances appeared to be, as has before been remarked, first. the double and sometimes opposing authority under which, as Governor of Hongkong and Superintendent of the Trade of Her Majesty's subjects in China, the same individual was to act, the odium attached to the exercise of the one office being reflected to the other ; and, secondly, the impatience of control entertained by a body of merchants who in foriner times, according to the testimony of one of themselves, were amenable to no law, with the subse- quent influx of young men, many of whom had never taken a part in public affairs before they left Home. Added to these causes, in the case of Sir John Davis, the reins of Government were held by one of retired habits, who preferred the seclusion of his study to social intercourse, to which last circumstance the intenseness, if not the extent, of his unpopularity was in a great measure to be attributed. In his legislation, Sir John. Davis was charged with indulging a'passion for law-making, ignorant of the wants and regardless of the interests of his countrymen in China ; and in Parliamen- tary Committees, as well as in newspapers, it was alleged that the Ordinances enacted by him had, besides being excessive in number, been so crude in concoction and injurious in tendency, that it had been found necessary for the Home Government to disallow or alter the great majority of them. Legislation had been of two sorts—Colonial and Consular, and the amount of each from the constitution of the Government up to January, 1848, had been Colonial forty-nine, Consular thirteen, in all sixty-two. The first Ordinance (a Consular one) was dated 24th January, 1844, and during the subsequent three months, Sir Henry Pottinger enacted seventeen—twelve Colonial and five Consular. Of these nine were disallowed, repealed, or amended. During the remainder of that year, twelve Ordi- nances were passed by Sir John Davis, of which six were dis- allowed, repealed, amended, or superseded ; so that out of the entire body of twenty-nine Ordinances passed in 1844, only fourteen remained in full force. The result may have been ina great measure accounted for by the fact that legislation for a 187 Chap. IX. 1848, The duties of Governor of Hongkong and Super- - intendent of the Trade of British Subjects. The Merchants, ‘Sir John Davis of retired habits, | His legisla- tion, : Comparison with that of Sir H. Pottinger. 188 Chap. 1X. 1848, Sir H. Pottinger had no | assistance, Sir John Davis had a complete establish- ment. The.nature of his legislation. Odium attached to him anent suspension of Chief Justice Hulme. Governor Davis’ resignation was accepted unhesitat- ingly. HISTORY OF THE LAWS, ETC.,: OF HONGKONG. new Colony and trade so peculiarly circumstanced must, in many respects, have been experimental. Subsequent to 1844, a marked improvement took place in the vastly-diminished proportion of abortive measures ; so that during the: years 1844, 1845, 1846, and 1847. thirty-three Ordinances were passed: by Sir John Davis, of which up to January, 1848, only five had been repealed or amended. Thus while in the first three months, Sir Henry Pottinger produced seventeen Ordinances, fifty-three per cent. of which were set aside, in the last three years Sir John Davis produced thirty-three Ordinances, of which not quite fifteen per cent, were annulled or altered, none of these five Ordinances, it is worthy of remark, having been disallowed by the Home Gov- ernment, but in most cases altered or extended in their provi- sions so as to meet the growing or ascertained requirements of the community. But although Sir Henry Pottinger’s legisla- tion was bad, he had an excuse of which Sir John Davis could “not avail himself. Sir Henry Pottinger had literally no assist- ance in the performance of his duties.’ His secretary was an Assistant Surgeon in the Bombay Army ; his financial secretary, the mate of a ship ; his legal adviser, a wandering lawyer ; his judge, an Indian soldier ; his assistant judge, the second mate of a country ship ; and his ‘lieutenant-governor, Major-General D'Aguilar! On the other hand, Sir John Davis brought with him a complete establishment (excepting always a Police Magistrate) ; Colonial Secretary, Mr. Bruce; Treasurer, Mr. Martin ; Auditor-General, Mr. Shelley ; Chief Justice, Mr. Hulme. Sir John Davis’ wretched course of legislation was dictated by his own tyrannical disposition. Registration Ordinances, Branding Ordinances, and fiscal taxes were all the result of his own conception. On his arrival in the Colony he had received a kindly reception, and as an untried man he was entitled to it.. One subject which had excited greater odium than any other.act of his was that regarding the suspension of Chief Justice Hulme. ..His actions. and. motives: in this matter were said to have been exaggerated or. misrepre- sented, but that he ought to have foreseen when he consented to enter upon an investigation which involved: the necessity of invading the sanctities of private life. His resignation was reported to have been unhesitatingly accepted, and the new Governor, it was hoped, would prove a man of greater. sagacity, more prudence, with a more effectual command over his temper, prejudices, and predilections than his predecessor.* _* Sir John Davis, Bart., K,c.B., died on the 13th November, 1890, at his residence,. Hollywood Tower, Westbury-on-Trym, near Bristol. He had reached the patriarchal age of ninety-six, having: been -born on the 16th July, 1795. ‘ The value of bis personal estate was sworn at £167,898.. His various publications regarding China are still standard works | and at the same time are very readable. His wife had predeceased him on the 7th Sep- tember, 1866. ' Gon ge oe ‘DEPARTURE OF CONSUL McGREGOR. 189 _ The departure of Major-General D’ Aguilar in February, follow- Chap. 1X. ed;by that of Sir John Davis and now of Mr. F..C. McGregor, igs the latter leaving for England by the same steamer as the former, Departure all of them having borne prominent parts in the important Qen@ir” transactions of the last. four years, was a strange coincidence. D'Aguilar. Mr. McGregor had held the important office of Consul at Can-. oe ton for nearly four years. His experience in Consular duties: Se (excepting his muddle in the Compton Case), application to busi-: Canton. ness, and affable manner all qualified him for the appointment he M™. Me- held ; but unfortunately for himself and for British interests, he career in had had to submit to the dictates of the Superintendent of Trade °bi™ at Hongkong. ‘This had embittered his existence and been the means of estranging him from his countrymen, who cheerfully testified: to his unwearied assiduity and earnest desire to protect: British interests. Before leaving Canton he was presented with: testimonial a testimonial and a piece of plate by the Parsee and Indian before his merchants of Canton. In his reply Mr. McGregor said—‘'he had had to contend with many and serious difficulties; and honestly confessed he had not always been successful in over-. coming them, and that he had committed errors which he sin- eerely regretted, but had always endeavoured to do what. appeared to him just and right.” -It was not known if Mr. MeGregor would return to China, but if he did, it was hoped it would be in a different capacity. A Superintendent of Trade commercial resident at Hongkong did not appear to be a person fit. to look ro after the commercial interests of England at Canton. Mr. Adam at Canton. Wallace Elmslie, the Vice-Consul at Canton,* was appointed Mr. Blmslie on the Ist April by Her Majesty’s Plenipotentiary to officiate Mr. Mc- for Mr, McGregor during the latter’s absence. In October, 97° 1848, the news reached the Colony that Mr. McGregor had retired from the service upon pension, to settle in Denmark, where, for many years before, he had held a Consular appointment. On the lst April, the Governor. also granted a free pardon to Free pardons Robert Rawnsley, convicted of assault in October, 1847, and {0 European sentenced to imprisonment for one year, and to George Wells, , convicted of misconduct as a Police Constable in March last, and sentenced to.imprisonment for two months. On the 8th April, yy, thomas Mr. Wade, ‘Assistant Chinese Secretary and Interpreter to the Wade acts Governor, was appointed by the latter “to perform the duties Syitteey to of Private Secretary until further orders,” the appointment Governor : onham. dating from the 21st March. . The April Criminal Sessions was held in the new Court ¢?2") House, in the Queen’s Road, on Saturday, the 15th April. The sessions first case was that of the notorious Too Apo, one of the pirates: te Conte engaged at Chimmo Bay who was admitted as Queen’s evidence House. at the trial of the case at the Admiralty Sessions in April, the informer, * Previously Private Secretary to Sir Henry: Pottinger—see anté p. 99. 190 Chap. IX. 1848, HISTORY OF THE LAWS, ETC., OF HONGKONG. 1847.* He was now accused of extoi ting money from one Wong A Moon, being armed with a pair of pistols. He pleaded not charged with guilty. For a year past this ruffian ‘had: been allowed to ‘cut extortion. Police confidence in him. How he’ contrived to deceive, — His unsup- ported. testimony implicitly relied on. Known as an offender by the Police. Through fear of his influence he is not denounced. a.prominent figure in the Supreme Court as an informer against alleged accomplices, and so highly had his services been esteem- ed that, with a view perhaps of saving truth and giving an appearance of vigilance to the judicial department, he was im- mediately taken upon the staff of the Police as chief detector of pirates.f At every Sessions thereafter, he contrived to offer up two. or three victims, and his credit became such’ that in his case the confirmation usually required in the case ofan approver was dispensed with, and his unsupported testimony against pretended accomplices implicitly relied on,{ and prisoner after prisoner condemned. That Too Apo would abuse the power thus thrust into his hands appeared very evident, and, as events showed, this man was known by the Police to have actually. been guilty of the very offences it was supposed he would be induced to commit, and yet he was still kept on in the’ Police and his ‘services’ made use of. Scarcely one of those accused by him but had a likely story to tell of having been called upon to pay money, or, as in one case, to surrender a sweetheart, with the alternative of being charged with piracy! And these un- fortunates, ignorant of the forms of our Courts, and perhaps contemplating that their simple but probable declarations would go for something against the unsupported testimony of a per-. son admittedly infamous, had as usual neither witnesses to speak. for nor counsel to defend them. At the Admiralty Sessions held on the 24th January last, in connexion with the Chimmo Bay piracies, another man denounced by Too Apo had also been in- dicted, but from some imformality, some document having been mislaid, he was not then brought to trial, but unfortunately for himself he was remanded to Gao! till the next sitting of the Court. He had thus suffered three months’ imprisonment, but had thereby probably escaped either being hanged or being banished for life, which might have been his fate had: he been tried along with the twelve others arraigned on. the occasion mentioned and had not Too Apo’s own career fortu- nately now been cut short. Upon Too Apo’s conviction,.as hereinafter mentioned, this man was discharged, while those formerly convicted on his evidence had either been hanged or were now undergoing their sentences. What rendered ‘their cases more pitiful and striking was the fact now brought out,— but only at Too Apo’s trial, be it said to the discredit of the Police Officer concerned,—that at the time Too Apo had last * Anté Chap, VIT., p. 139. + Td. $ dd. p. 174. TRIAL AND CONVICTION OF TOO APO, THE INFORMER. figured in the witness box against them, it was known, as stated before, that the ruffian informer had. been extorting mo- ney under threats of charging other men with piracy ! ‘Murder will out,’ and at length he was brought to justice. He was first: charged with having on the 5th October, 1847, gone armed on board a boat arid demanded $45 from one Wong A Moon before mentioned, threatening to shoot him in case of refusal, and stating, also, that, being now in the pay of the Government, Wong A Moon’s life was in his hands and would only be saved by pay- ment of the demand he made. Under this threat he obtained $20 and afterwards $25, probably all the poor man possessed, 191 Chap. IX, 1848, ‘Murder will out, but possibly for that very reason Too Apo fixed upon Wong - A Moon as the next manifestation of his zeal in the public service. The Jury in this case took a long time to deliberate, but as one of their number, it is recorded, felt great reluctance to. convict an undefended prisoner on mere Chinese evidence, the Judge told them, if they had a doubt, they ought to give the prisoner the benefit of it, and he was accordingly acquitted, but immediately afterwards put upon his trial before the same Jury on a charge of having on the 14th.January, 1848, gone armed to one Chum A Hee, a boatman, and demanded $100 from him, under threat. of charging him with piracy. This apparently had been the second demand on Chum A Hee, who, having no more money, told Too Apo so, and then appealed to Mr. Caldwell, the Assist- ant Superintendent of Police, (who had taken and been given so much credit in connexion with these Chimmo Bay piracies). Mr. Caldwell directed him not to pay Too Apo any money, but yet took no steps either to prosecute this infamous character at once or to get rid of him. At the trial it appeared that, in the month of October, 1847, Too Apo had gone to Chum A Hee similarly armed and, again referring to his character as a servant of the Brit- ish Government, had demanded $80 with the usual threat. The man, having only $50, raised the remainder by borrowing, and thus escaped fora time. It appeared that ‘I'oo Apo, not content with the $80 ‘blood money’ formerly got from this man, now demanded $100, as he said, for Mr. Caldwell, but, finding Chum A Hee run dry and ‘obstinate, charged him with being con- cerned in the Chimmo Bay piracies. Being found guilty, Too Apo was sentenced to three years’ imprisonment with hard labour. Strange to say, under such atrocious circumstances, the third count was not proceeded with, nor do the records disclose that the conduct of the Police in continuing to employ. this arch-villain after they had themselves reason to doubt of the correctness of this man’s proceedings met with any reproof either on the part of the public or of the Government, ~ od Mr. Cald- well’s attitude, Conviction ! of Too Apo, 192 Chap. IX, 1848, . HISTORY OF THE LAWS, ETC., OF HONGKONG. After receiving sentence Too Apo had the effrontery to say to the Court that when his three years were finished, he hoped His insolence they might give him three years more and afterwards hang to the Court. him,—thus showing a very just appreciation of his own deserts, The victims of Too Apo, The services of informers. The author- ities and Too Apo. Consular Ordinance No. 1 of 1844, The Law of England. British subjects, Jurisdiction of the Court, The Attorney- General and the practice of trying cases committed outside the the harbour before the Criminal Court. which certainly ought to have been discovered long before his services had been secured for so very little. It was now hoped that the Governor would exercise his prerogative of mercy and extend a free pardon to those unfortunate victims of Too Apo and who had been convicted entirely upon his unsupported testimony. Lo 8 Justice cannot always be satisfied without the services of such characters; but it is at all times difficult to deal-with an informer, and it is particularly so with a Chinaman confessedly of a dangerous character, The authorities appeared to have been alive to the dangerous power Too Apo held and the bad use he might put it to, as it appeared he had been told “ not to charge any more people with the Chimmo Bay piracy !” The other cases tried at this Sessions were of no very great interest in themselves, but two of them gave rise to cha- racteristic incidents which will bear reporting. At the last Criminal Sessions three Chinese were tried, found guilty, and sentenced to transportation for robbery with arms on board a boat outside the harbour, and, in order to avoid the necessity of holding an Admiralty Court, the prisoners had been indicted under the Consular Ordinance No. 1 of 1844. This Ordinance provided, first, that the law of England shall extend to all Her Majesty's subjects within the dominions of the Emperor of China or within any ship or vessel at a distance of not more than one hundred miles from the coast of China ; secondly, that Courts of Justice at Hongkong were to have jurisdiction over Her Ma- jesty’s subjects within the dominions of the Emperor of China or within any ship or vessel, etc.; and, thirdly, that no objection was to be allowed to such British subjects against the locality: of the jurisdiction of the Courts of Hongkong. The prisoners, having been residents of Hongkong, were therefore held to come under the denomination of British subjects, which was considered more than doubtful, the men having neither been born within the British dominions nor proved to have been natives at the time the island was ceded, nor were they naturalized subjects of the Queen. Other cases of the same description were brought before the Court this Sessions. Upon the first being called, the Attorney- General, Mr. Sterling, stated that during his absence he under- stood a practice had been introduced of trying robberies: com: mitted outside the harbour before the Criminal Court, under 4 local Ordinance, and he put it to the Court whether the present THE CASE OF THE PORTUGUESE AGAINST MR. HILLIER. ~ ease should be so tried.. The acting Chief Justice, Mr. Camp- bell, explained that.the course had been adopted in order to prevent trouble, and to save the summoning ofa Grand Jury,— both undoubtedly commendable reasons, but which, if sound, would practically have justified the abolition of the Grand Jury. The case was postponed, but immediately after another was tried, when the acting Chief Justice, taking the Attorney-General’s hint, observed that the men were not British subjects, but on being told they had been arrested in the island, seemed to consider that as quite satisfactory. Afterwards, however, he directed the Jury to acquit the prisoners, ‘ because their crime had been committed beyond the harbour.” | Attorney- General.-—“ Similar cases have been ‘tried before.” Acting Chief Justice.—" Tf we have been wrong before, we must not persist in it,” An admirable doctrine, certainly;.'if it had been acted up to, and it was therefore hoped that the prisoners formerly tried and, as‘ it now appeared, “ wrongly”’ convicted, would soon be re- leased and be allowed their remedy, supposing such a thing to have been possible with the number already transported. On the 26th April, the case of the Portuguese now com- monly known as ‘D’Assis and Pacheco,’-—(though, as men- tioned in August, 1846, it would appear as if Pacheco and De Mello liad been the parties arrested)*—against Mr. Hillier for $25,000 damages, for false imprisonment, came before the acting Chief Justice, Mr. Campbell. Originally the plaintiffs’ attorney had set the cause down for hearing for the 14th, but suspecting afterwards or hearing that Mr. Campbell, when acting Attorney- General, had previously expressed his opinion to. the Govern- ment upon the case, countermanded his notice of trial, upon which the Court felt it necessary and expedient that the case should be gone on with and appointed this day (the 26th ) for hear- ing it, and for which day the defendant’s attorney set it down for trial, The plaintiffs’ attorney, however, now asked for an adjournment on an affidavit stating that their principal witness was absent from the Colony, being ill in Macao, and also pro- duced a. medical certiticate. . Without waiting’ to see whether the defendant’s attorney had any objection or not to the appli- cation, on hearing the affidavit read the acting Chief Justice refused it, and the Jury being then sworn, were directed to non- suit the plaintiffs, in spite of the opposition of the plaintiffs’ attorney, who stated that ‘to force on the case was tantamount to a denial of justice. For this he was reprimanded by the Bench, and, says a report of the case, “ the attorney was treated to what * Anté Chap. III § II, p. 103, 193 Chap. IX, 1848, Mr. Camp- bell, acting Chief Justice, on the subject. The ‘ Attorney. General and: the Acting Chief Justice upon status of prisoners as British subjects under Consular Ordinance No, | of 1844, Prisoners wrongly convicted, The case _ of the o Portuguese against Mr. Hillier, Acting Chief Justice Campbell directs.jury to non-suit, How he treated the plaintiffs’ attorney. 194 Chap. 1X, 1848, Mr. Camp- bell’s ‘law.’ HISTORY OF THE LAWS, ETC., OF HONGKONG. was intended should be a learned. dissertation on what the nature of the pleadings should have been in an action of this kind, and then followed a long address dwelling at length on what the plaintiffs’ counsel should have done; how he would have drawn their pleadings, and, warming with the subject, gave the plaintiffs’ attorney a setting down for having brought the action at all. Some very bad law was quoted and delivered in avery placid manner. On concluding these remarks against the plaintiffs’ attorney, in order, it was supposed, to show how. equally justice was administcred, the defendant’s attorney now. also received a censure for want of due diligence. to his client ; _here, however, the Jury met with what they little expected, in Mr. Camp- bell exhausts the patience of suitors and others, He continues to act as Chief Justice until return of Chief Justice’ Hulme, whiose reinstate- ment is rumoured. He would not resign in favour of Mr. Sterling, the Attorney- General. Governor asked to place a ‘qualified’ person on the Bench. Comments upon Mr, Campbell, Considered unfortunate that Gov- ernor Bonham had not removed him, Sir;John Davis wished Mr, Camp- bell to the attorney firmly giving a, refutation to His Lordship’s impu- tations, with a confutation of His Lordship’s law.” Mr. Campbell had now begun to exhaust the patience of those whose business brought them in contact with him. Notwith- standing the arrival of Mr. Sterling last March, Mr. Campbell had, as before stated, continued to sit on the Bench as acting Chief Justice,* and was to keep his seat until the return of Chief Justice Hulme,—-the news of whose reinstatement had now reached, the Colony to the great satisfaction of one and all,—unless_ the Governor, Mr. Bonham, took the responsibility of removing him notwithstanding Sir John Davis’ wishes in the matter, but as Mr. Hulme was expected in June and the Court did not open till July, if Mr. Campbell had not the grace to resign in favour of his senior, Mr. Sterling, it might not be worth while to displace him ; should, however, circumstances prevent Mr. Hulme’s. re- turn so soon as was expected, it was hoped that the Governor would not hesitate to place a “qualified” person on the Bench. Mr. Campbell had never held other than acting appoint- ments, and when the state of the Attorney-General’s health necessitated a visit to Europe, Mr. Campbell was nominated to perform the duties for half the salary. So far this. had appeared unavoidable, but when Mr. Sterling returned to the Colony, a man with eighteen: years’ experience at the bar, it was presumed that the junior of four years’ experience would have had the good sense to abdicate in his favour, resuming his former acting appointment of Attorney-General. But this, with the support of Sir John Davis, Mr. Campbell had refused to do, and it was unfortunate, it was said, that the present Governor had not removed him.at once... This led to the imputation that Sir John Davis, being interested in certain cases then pending before the. Court, was anxious that they should be disposed of before his nominee had retired from the Bench, one of these cases being that of the Portuguese before * Anté p. 185, MR, CAMPBELL AS ACTING CHIEF JUSTICE. mentioned against Mr. Ilillier which had come before the Court on the 26th of this month. Under such circumstances it is not astonishing that such imputation should have been made,— imputations which spoke very little in favour of the acting Judge. The proceedings at the Criminal Sessions held on the 15th April had also enabled litigants to judge whether, as now constituted, the Supreme Court was creditable to the Colony, and it was now reported that the attorneys had discontinued entering cases for trial, pending the return of Mr. Hulme. As an instance of the arbitrary conduct of Mr. Campbell, who ap- parently was then under thirty, the case of a Mr. Buchanan was quoted. This person, for failing to appear as a Juror at the Vice-Admiralty Court last December Sessions, was fined $20 for -contempt of Court, though he had filed an affidavit stating why he had been unable to attend. He was, moreover, under age at the time and consequently ought never to have been returned on the Sheriff’s panel. But no notice was taken of this, and on the 13th March a writ was issued to enforce payment, and Mr. Buchanan imprisoned in the Debtor’s Gaol on that day. In vain did he petition for his release, the acting Chief Justice endorsing on his petition that “ Mr. Buchanan must abide the course of the law,” without moreover, which greatly aggravated the matter, any period of imprisonment being stated in default of the payment of the fine! Mr. Buchanan being unable to pay the fine remained imprisoned for upwards of two months when at last, upon the. case being brought to his notice through -the press, the Governor, on the 19th’ May, took the initiative of releasing him. .On the 28th April tenders were called for for a passage to Penang for twenty-three convicts. On the 29th Governor and Mrs. Bonham, accompanied by General Staveley and others, proceeded in H.M.S. Medea to the Bogue and afterwards visited Canton, returning to Hongkong on Tuesday evening, the 2nd May. 195 Chap. [X. 1848, dispose of certain cases. The case of the Portu- guese against My. Hillier, April Criminal Sessions, Whether Supreme Court as now constituted creditable to the Colony. Attorneys discontinue entering cases for hearing before Mr, Campbell. Arbitrary conduct of Mr. Camp- bell. A Mr. Buchanan is fined for contempt of Court. His affidavit. He is imprisoned, He “ must, abide the course of the law.” He remained in gaol until released. hy the Governor. Convicts sent to Penang. Governor Bonham’s tour, Chap. X. Reinstate-. ment of Chicf Justice Hulme, Ear! Grey's act of justice. - 996 « CHAPTER X. 1848. + . : Reinstatement of Chief Justice Hulme.--Earl Grey’s act of justice.-Repudiation o Mr. Hulme’s persecution never doubted.—Mr. Hulme’s case excited sympathy in th Colonies:—View of case at the present time.—Charges malignant falschoods.--Disgrac now fell on the accuser.--The conduct of the Governor of any colony.—Governo Davis’ secret accusations not confined to Chief Justice Hulme.—Agitation sets in agains Myr. Campbell’s retention on the Bench.—Mr. Campbell’s inexperience.— Motives of deli cacy on the part of the new Governor.—No attorney entered the Court.—Comments upoi Mr. Campbell.—Ship J/or leaves for Penang with convicts.—Those convicted on thi evidence of Too Apo.—Commodore Plumridge.—-Arrival of Chief, Justice Hulme. afte: reinstatement.— Sir John Davis an ‘arch-hypocrite.'—-Quick return of the Chief Justice.— Deep feeling of respect.—-Government Notitication restoring Chief Justice to office. Vale dictory.—Retributive justice—Chief Justice Hulme. Comparison with Sir John Davis.— Governor Bonham leaves for northern consulates.—Major-Gencral Staveley acte.—WSitting ‘of the Admiralty Court.—The Commissioners do not attend.--Chief Justice discharges. the Jury.—Comments.—-The Jurors.--The case of Mr. Buchanan compared.—The sitting 0: the Admiralty Court after the adjournment.--Mr, Campbell after the return of Chie Justice Hulme.—He is cast into oblivion.--The description of him.—His conceit.—Un. fitted for his position.--Sir John Davis interested in Mr. Campbell.--The case against Mr Hillier.—The case against Mr. Tarrant.--Major Caine’s reputation at stake.--Genera comments upon Mr. Campbell and his official career in Hongkong.—Mr. Campbell’s orde: for cutting off ‘tails’ and shaving off crowns of Chinese heads.—Governor Bonhan ordered practice to be discontinued.—Mr. Campbell's erroneous decisions.—J@e Nuncheong —Nuncheong v. Consul McGregor.—Sir John Davis’ model lawyer.—Melancholy condi: tion of Supreme Court as presided over by Mr. Campbell.—Mr. Campbell as Attorney: General.—His nocturnal visits to the Police Offices.—His departure from Hongkong, ‘The undisguised contempt of the community.—Return of Governor Bonham.—Land.— Reply of Earl Greyto memorial of residents, Ground rents.—Governor Bonham's despatch. Extension of term. of leases.—Harl Grey’s reply.--Return of Mr. Inglis, the Registrar- General, from leave.—Victims of Too Apo pardoned.—Governor Bonham eulogized.— Another victim of ‘loo Apo pardoned.—Piracy Case against Captain Cole and crew of the schooner Spee.—No true bill.—Re-appointment of Mr. Mercer as a member of the Legisla- tive Council.—The attorneys and solicitors petition the Chief Justice on the subject of the Court fees.—Fees preseribed by Jiequla Generalis.—Inspector Smithers and other Police drowned.—lurther charges against Mr. Holdforth, the Sheriff,—Chief Justice Huline's fall from horseback. His popularity.—Session of the Vice-Admiralty Court.— Case against Captain Cole thrown out.—Police scrimmage with Chinese in the harbour.— Police scek naval assistance.—Chinese killed. ‘ Tails’ cut off.— Verdict at inquest.— Home and Indian view of the ca8e.—October Criminal Sessions.—Convict soldiers transported to Cape of Good Hope.—Case of the Portuguese against Mr. Hillier. New trial granted by Chief Justice-—Chief Justice Hulme disposed to grant plaintiffs every facility.—Summary of the case.—Chicf Justice's decision.—Verdict for the defendant.— No imputation on the characters of the plaintiffs.—Mr. MeSwyney and his Chinese wife Aho.—How he was duped into marrying her.—He ill-treats his wife and turns her out of doors.—He charges her with larceny. - Mr. Hillier, doubtful of his law, leaves matter to the Attorncy-Gencral.— Mr, Sterling’s views. Mrs. MeSwyney is discharged by proclama- tion.—Resignation of Mr. N. D'H. Parker as Coroner.— Messrs. Hillier and Holdforth ‘ Joint-Coroncrs.'—Execution of Mo Yeen for murder committed in November, 1845.—How his capture was cffected.—Llis indifference on the scaffold,—Judicial features of 1848, Tur reinstatement of Chief Justice Hulme by the Secretary of State, rumours in regard to which had been current in the Colony from the time of thearrival of Governor Bonham, was now confirmed, and his return was expected in June. Earl Grey in reinstating Mr. Hulme did an act of justice for which His Lord- ship’s countrymen in this part of the world could not but feel grateful. REINSTATEMENT OF CHIEF JUSTICE HULME, 197 That the iniquitous persecution by Sir John Davis and his chap. x. clique would be repudiated by Her Majesty’s Government was jg, never for a moment doubted, but the people here were under Repudiation the impression that the victim of petty tyranny would probably flume's receive another appointment in another colony and would not persecution return to Hongkong again Mr. Hulme’s case seemed to have doutted. excited sympathy in the British Colonies and in India. Cer- Mr. Hulme's : : > case excited. tainly, whatever might have been the nature or extent of his sympathy in errors, the manner in which the case was investigated was as the Colonies. unbecoming as could well be imagined. At this distance of time, View of case however, to be charitable, one feels disposed to look upon Sir #/ the present Jobn Davis’ behaviour asa case of false pride, which in any event goes towards aggravating the offence a hundred fold in its result. He had secretly and falsely charged the Judge and was told to prove his charges, but this was a contingency for which the ‘pawkey’ Baronet was not prepared, and, to get out of the difficulty, he fell back upon the suggestion that since the return of the Judge’s wife, Mr. Hulme had improved and therefore he did not think an investigation necessary.* In this way he showed how weak he himself considered his case to be and there- fore how wrong he had been, but, being evidently a person of no moral courage, he would not apologize and allowed his false pride to carry him to a pitch of unsurpassed vindic- ‘tiveness, truth, honour, humanity, and every other virtue giving way before his malignant desire to rain the man who had refused to sacrifice the integrity of the Bench. In reinstating Chief Justice Hulme, Lord Grey had now virtually Charges declared that the charges were malignant falsehoods. It was Maignant therefore with great satisfaction that it was learnt that Sir John Davis had signally failed to effect his malicious purpose. His intended victim had been most triumphantly acquitted of the gross offences laid to his charge, and the disgrace which would Pigrce tow have followed conviction now descended on the head of the accuser, hls and was perhaps one of the most humiliating that could occur. The conduct of the Governor of any one Colony and_ the ‘rhe conduct consequences attendant upon such conduct were of necessity 3m. ot interesting to all colonies, and these now joined in the. ery of any colony. “Shame ! Shame!” which, it was said, would now greet Sir John Davis wherever he went, for conduct in so many instances Governor unbecoming the character of a gentleman and a man of honour, 228 secret Ilis secret accusations had not been confined to the Chief Justice, re a and it was to be regretted that others whom he had also accused Tastes had not had the same opportunity given them of refuting the Hulme. charges. * Ante Chap. VIII $1, p. 157, 198 Chap. X. 1848. Agitation sets in against Mr. Campbell's retention on the Bench. Mr. Campbell’s inexperience, Motives of delicacy on the part of the new Governor. No attorney entered the Court. Comments upon Mr. Campbell, Ship J/or leaves for Penang with convicts. Those convicted on the evidence of Too Apo. Commo:lore Plumridge. HISTORY OF THE LAWS, ETC., OF HONGKONG. Strong comments now again appeared anent the continued retention of Mr. Campbell, who had taken such an active part in procuring Mr. Hulme’s ‘suspension, upon the Bench. Cer- tainly, it was an act of injustice to Mr. Sterling, and equally unjust towards those who were compelled to seek redress before the Court of Civil Law. There were yet doubts as to whether Mr. Hulme would return in June, and, should he not come back, it was fervently hoped that the Governor would take the appoint- ment of another acting Chief Justice into his serious considera- tion. At that moment, it was alleged, the Colony was virtually deprived of a Court of Justice, and without seeking for other causes, Mr. Campbell’s inex perience wasanample apology for his removal, and it was a pity that this was not done immediately upon Mr. Sterling’s arrival, as the indecorous relative positions occupied by Mr. Campbell and himself struck every one who had entered the Court during the last Sessions. Perhaps motives of delicacy had hitherto prevented the Governor from interfering with the interim appointment of a nominee of his predecessor, but Mr. Bonham could not but have been fully aware ofthe incapacity of Mr. Campbell as a Judge, and that his opinions as a lawyer were such as might have emanated from Mr. Briefless, of Punch. Recently not one attorney had entered the Court, which fact the Governor must. have known also, apart from the reduction in the Court fees. Under the circumstances it was a matter for regret that Mr. Campbell’s friends had not prevailed upon him to resign in favour of Mr. Sterling immediately on the latter’s return. Asacting Attorney-General he would have occupied a respectable position and escaped not only the legitimate censure of the press but also observations calculated “ to bring the Bench into contempt as bearing upon the mental capacity and personal dignity of the occupant.” On the 28th May, the ship Afor left Hongkong for Penang and India with twenty convicts on board. One of these men, who had evidently effected his escape, being afterwards found at large in the Colony, was apprehended and sentenced at the June extra Criminal Sessions of 1854.* Three other convicts, who were also to have left by the Mor, and who had been convicted upon the evidence of Too Apo, the informer, were kept back in order that the Governor might have’ an opportunity of seeing the depositions and inquiring into their cases. Two of these prisoners had been convicted on the 24th January, and one on the 25th of the same month. H.M.S. Cambrian, carrying the pennant of Commodore Plum- ridge, anchored in the harbour of Hongkong on Tuesday, the 13th June. Since the demise of Admiral Inglefield early in the * See Chap. xv., infra, RETURN OF CHIEF JUSTICE HULME: year, Commodore Plumridge had been in command of the fleet. At length Chief Justice Hulme, whose reinstatement by the Secretary of State had been announced weeks before and on oe which before his departure from the Colony, it is said Sir John Davis rubbed his hands exclaiming—‘ Glorious news ; I’m delighted to hear it,” which gained him the further appellation of ‘arch-hypocrite,”’—arrived in the. Co- lony by the P. & O. Co.’s Steamer Braganza on the 16th J une. He returned to Hongkong after an absence of less than six months, having left the Colony, it will be remembered, on the 30th December last.* A very quick return, it. will be admitted, considering the lengths and discomforts of passages to Europe in those days and which but few “habitual drunkards” could certainly have withstood. During Mr. Hulme’s short absence many changes had taken place, many false reports had been put in circulation ; but the deep feeling of respect which the com- munity entertained for him had never been shaken, and those who grieved in his adversity now rejoiced in his prosperity and welcomed him back with the most cordial regard. On the day of his arrival appeared the following Government Notification :-— “The Honourable Chief Justice Hulme, having returned to Hongkong, is, by the direction of the Right Honourable Her Majesty’s Principal Secretary of State for the Colonies, restored to his Office from this date inclusive. : By Order, W. Caine, 2 Colonial Secretary, pars Colonial Office, . Vietoria, Hongkong, 16th June, 1848.” Mr. Hulme was thus reinstated with full powers, receiving, moreover, his full arrears of salary from the date of his suspension on the 30th November, 1847. The Secretary of State in rein- stating Mr. Hulme, without even waiting to hear his. personal vindication, acted in accordance with the character he had sustained as a statesman and as a member of social life. Lord Grey, of all Her Majesty’s ministers, was probably the one who would have been the least inclined to overlook any gross impropriety in a Judge, and he evidently was satisfied that the Chief Justice had been the victim of a persecution which would entail disgrace upon those who had raised it. To colonists generally the result was gratifying ; it was a proof that. the petty tyranny of governors will not always be allowed: to pass; it was a proof that the Secretary for the Colonies would redress wrongs ; and, above all, it. was a proof that the majesty of the law would not be degraded before the despotic will of a petty colonial satrap. Chief Justice Hulme had passed through.a severe ordeal in a. manner gratifying to himself, his family, and- his aoe * Ante Chap. vit § 3, p. 166. 199 Chap. X.- 1848; Arrival of Chief Justice: Hulme after. reinstate- ment, | Sir John Davis an ‘arch- hypocrite,’ Quick return of the Chief Justice, Deep fecling of respect. Government: Notification restoring. ‘ Chief Justice to’ office. Valedietory. 200 Chap. X. 1848, Retributive justice. Chief Justice Hulme. Comparison with Sir John Davis, Governor Bonham leaves for northern consulates. Major- General Staveley acts, Sitting of the Admiralty Court. The Com- missioners do not attend, Chief Justice discharges the Jury. Comments, HISTORY OF THE LAWS, ETC., OF HONGKONG. friends. There was a retributive justice in this case which should not be overlooked. Chief Justice Hulme had returned to the Colony vindicated from the aspersions that had been cast upon him, and Sir John Davis had gone Home branded as a libeller two years before the usual term of office, having been permitted to resign. An unexampled career of oppression had rendered miserable the existence of his subordinates ; he had slandered his countrymen to Her Majesty’s Government, and he had left these parts without having a single friend. _ Chief Justice Hulme had never courted popularity ; on the contrary, until he had become the victim of persecution by Sir John Davis, he was apparently little known outside the circle in which he moved, He was known as a Judge who had given general satisfaction, but had never been recognized as an advocate of the people in the legislature. He now received a kind welcome and, as a man of experience, firmness, and integrity, he was entitled to it. On the 24th June, the Governor, accompanied by Mr. Thomas Wade, left by H.M.S. Jedea for the northern consulates, the Gov- ernment during his absence being administered by Major-General Staveley, c.B., the Lieutenant-Governor. A notice signed by Mr. Cay, the Registrar, ‘by order of the Commissioners,’ bearing date the 3rd June, and published on the 8th, intimated that a Court of Admiralty would be held on the 26th June, at 10 o'clock. At the hour appointed, Chief Justice Hulme arrived and retired to his robing room where he ought to have been joined by the other Commis- sioners, but after waiting for an hour and a half, during which time the officers of the Court, the Attorney-General, and counsel for the prisoners duly convened “at or before 10 a.m.,” had been dancing attendance, and the twenty-four Grand Jurors and forty-eight Petty Jurors kept pacing the outer room with impatient steps, the Chief Justiceentered the Court and explained that, by the constitution of the Admiralty Court, it was necessary that two Commissioners besides the Governor or himself should be present, and as none of them had appeared up to that hour, he could not think of detaining the gentlemen of the Jury any longer and therefore released them, adjourning the Court to the 5th July. His Excellency the Governor, it was known, had sailed on Saturday, the 24th, in the Aedea upon a tour to the northern ports, but as to the other Commissioners the cause of their absence rightly formed the subject of comment. None of the others, it would appear, so much as sent an excuse, except the Colonial Secretary, who was confined to his house by sickness. The Chief Justice being the one to preside, it was not expected that the Lieutenant-Governor would have attended, and the Chief Magistrate’s absence might perhaps have been excused MR. CAMPBELL OUT OF GOVERNMENT EMPLOY. by his having to preside in his own Court; but as to the naval members of the Court, there could have been no excuse for their non-attendance. The inconvenience caused by the non-attend- ance of the Commissioners at this Sessions was severely com- mented upon. There were eight cases set down for trial, in one of them not less than fifteen witnesses from Canton being in at- tendance. The Jurors were naturally not a little annoyed at having been taken away from business to dance attendance at the Court to no purpose, with the prospect of having to attend again. But besides the inconvenience they were thus put to, justice was delayed and the Crown had incurred a serious expense, and, as was pointed out, all because those to whom the Crown’ had entrusted an important duty had not shown that regard for the public service which they were ever so ready to inculcate upon others. As regards the Jurors it was only at the last Sessions of the Vice- Admiralty Court (December, 1847) that a young man, a Mr. Buchanan, who, though really not liable to serve as a Juror,* had neglected to attend, though afterwards making the excuse that he had been sick, had been peremp- torily fined twenty dollars, and having no money was committed to Gaol by Mr. Campbell and there kept for nearly two months “to abide the course of the law.” That Mr. Bonham would allow the whole community to be thus made game of could not be imagined, and the Jurors, it was considered, would be wanting in their duty if they did not formally com- plain to the Governor on his return, and make a request that steps be taken ’to prevent the repetition of an occurrence which was both injurious and insulting to the public. On the 5th July, the date to which the Sessions had been adjourned, the Court opened The Commissioners present on that occasion were the Chief Justice, Captain Morris of H.M.S. Cambrian, and Mr. Hillier, the Chief Magistrate. The strictures passed at the last sitting had therefore had some effect. Major-General Staveley, the Lieutenant-Governor, had also appeared at the opening of the Court, but finding there was a quorum and that he was not wanted, he afterwards retired, and the cases then proceeded. Chief Justice Hulme having returned: to the Colony and Mr. Sterling having resumed his duties, Mr. Campbell was now out of Government employment, and, to be charitable, it could not be said that it was due to this that the hostile criticisms passed on him during his short career in Hongkong were now reiterated on his departure. On the contrary, on Mr. Hulme’s return he seems to have been cast into oblivion immediately, for even his departure is nowhere noticed, and great, indeed, seems to have * Anté p. 195. 201 Chap. X, 1848, The Jurors. The case of Mr. Buchanan compared, The sitting of the Admiralty Court after the adjourn- ment, Mr, Campbell after the return of Chief Justice Hulme, He is cast into oblivion, 202 Chap. X. 1848, The descrip- tion of him, His conceit, Unfitted for his position, Sir John Davis interested in Mr. Campbell. The case against Mr, Hillier, The case against Mr. Tarrant, Major Caine’s reputation at stake. General comments upon Mr, Campbell and his official career in Hongkong. HISTORY OF THE LAWS, ETC., OF HONGKONG. been the patience exercised in regard to him, notwithstanding the part he took in advising the Government adversely in connexion with the Chief Justice’s suspension. He was de- scribed as an Anglo-Indian overbearing in manner and of no talent,* but, meeting with support from the authorities, his con- ceit reached such a pitch that it is reported he emptied the Court of suitors, the attorneys ceasing to enter cases for trial so long as he occupied the Bench. When Chief Justice Hulme was suspended, it was said to be a public calamity, and no doubt in many ways this proved to have been so. Many are the cases, civil and criminal, in which it is shown that Mr. Campbell was quite unfitted for the high position which had been thrust upon him. Without going minutely into the reasons of what was called “ the iniquitous decision of an iniquitous tribunal,” it will suffice to mention two cases which have before been dwelt upon in this work and which, it was said, Sir John Davis was personally interested in seeing his own nominee, dispose of. The first related to the suit against Mr. Hillier who, when acting Chief Magistrate, surrendered two Portuguese to the Macao Government without. trial, in opposition to the English laws upon the subject, on receiving a written order from Sir John Davis, and though the consequences might not legally have affected the eee still in honour he was bound to relieve the submissive Magistrate who had sacrificed the inde- pendence of the Bench at his command.t The second: case was that of the Queen against Tarrant, upon which was staked the reputation of Major Caine, the Colonial Secre- tary, one of the three who voted for the suspension of Mr. Hulme and also one of the three who had given evidence against him.{ This case had been first postponed owing to the excuse that a material witness was absent, the acting Attorney-General promising to bring it on to trial at the December sittings of the Court. But it was then abandoned § ‘‘as Mr. Campbell had been prosecutor and therefore could not be Judge,” though it was well known that he had sat as Judge in several cases where he had been employed as Counsel. In the case of the Portuguese, as their attorney, did not deem it advisable to bring on the action until another Judge had been appointed, Mr. Campbell was said to have “ burked” it. || When acting as Attorney-General, Mr. Campbell’s sentiments were well known to the Executive as to these cases, and he received the appointment of Chief Jus- tice upon Mr. Hulme’s suspension, and although Mr. Sterling, * “A Pariah practitioner.”—The Friend of China, 1855, p. 62; “A half-caste bar- vister."—The Friend of China, 1858, p. 166 ; 1861, p. 720. See Chap. III § II1., ante p. 105, See Chap. VIII § 1., p. 159. § Chap. vIII § 1., anté p, 170, | Chap. 1x., anté p. 193, MR. CAMPBELL’S CAREER IN HONGKONG. the Attorney-General, should have taken the Bench on his return to the Colony as he was expected shortly after Mr. Hulme’s suspension, yet after his arrival he, a barrister of eighteen years’ standing, had practically to make room for Mr. Campbell, a barrister called in 1844, and therefore hardly qualified for a seat on the Bench, The civil jurisdiction of the Court thus became virtually in abeyance, and it was remarked that when Sir John Davis appointed Mr. Campbell as acting Chief Justice he might have locked the door of the Court House and taken the key away with him. In 1847, the suits raised before the Court collectively amounted to $200,000 ; and in April, 1848, when the public were so earnest in their request that Mr. Campbell should resign, $700 only had been sued for. Here then was the cause and effect, people lacking con- fidence in the Judge, there was for the time being no Court of Civil Law. His unauthorized interference as acting Chief Justice went to the extent, that, not satisfied with pronouncing sentence on the unfortunate people brought before his own tri- bunal, he took upon himself, as indeed he had done as acting Attorney-General, to issue peremptory mandates within the precincts of the Gaol. Amongst other things he ordered that the Chinese should not only have their tails cut off, but that their crown should also be shaved, so as effectually to prevent their attaching a false queue, and thus made felons and men con- fined for slight offences equally outcasts for life —a subject, it will be remembered, mooted by the Select Committee.of the House of Commons upon the subject of our commercial relations with China.* ‘This being in direct opposition to Her Majesty’s Govern- ment, of course Mr. Bonham, on the facts being brought to his notice, ordered the practice to be discontinued forthwith, ex- pressing no little astonishment on hearing that it had been done by orders of the acting Chief Justice. A number of cases are shown in which Mr. Campbell was occa- ‘sionally taken to task for erroneous decisions. There being no local higher judicial power to appeal to, nothing was then left but to submit. In one case, 7e Nuncheong, heard on the 1st March, 1848, in which application was made to quash a summons, upon Nun-. cheong’sattorney, Mr. Parker, appearing to oppose the application, the acting Chief Justice is reported to have said that it was of no use his opposing as he (Mr. Campbell) had made up his mind, and thereupon called out—‘“ the rule is made absolute, Sir.” On Mr. Parker applying for a copy of the Judge’s notes containing the grounds of his dismissal of the summons, the application was refused, but subsequently a message was conveyed through Mr. * See anté Chap. VI., p. 131, 203 Chap. X. 1848, Mr. Camp- bell’s order for cutting off ‘tails’ and shaving off crowns of Chinese heads, Governor Bonham ordered practice to be discon- tinued, Mr, Camp- bell’s erroneous decisions. te Minn cheong. 204 Chap. X. 1848, Nuncheong v. Consul McGregor, Sir Jobn Davis’ model lawyer. Melanck oly condition of Supreme Court as presided over by Mr, Campbell, Mr. Camp- bell as Attorney- General. His noc- turnal visits to the Police Offices, His depar- ture from Hongkong. HISTORY OF THE LAWS, ETC., OF HONGKONG. Camphell’s clerk “that the Judge took no notes of the case.” These circumstances, it would appear, being laid before Chief Justice Hulme on the 8rd November, a rule was granted to re- open and re-hear the former rule dismissing the summons. Nor was Mr. Campbell’s conduct astonishing, taking his con- duct as acting Attorney-General especially, as a whole. The party. immediately to be benefited by his action was Mr. McGregor, the Consul at Canton, but the result eventually was an action brought by Nuncheong against Mr. McGregor for negligence as Sheriff under a local Ordinance, in his capacity of Consul.’ Judgment in 1849 was allowed to go by default (Mr. McGre- gor having long before left the Colony), the Jury returning a verdict for $3,000 as damages against Mr. McGregor, who was now sympathized with “for hearkening to the wisdom and advice of Sir John Davis’ model lawyer, Mr. Charles Molloy Campbell.” The records do not show that the plaintiff ever recovered the fruits of his judgment. Here then was another proof of the melancholy condition of the Supreme Court during the few months it was presided over by a young, petulant bar- rister, the necessity for appointing whom, in the absence of Mr. Sterling at all events, was nevertheless evident, though the cause was to be deplored which had rendered it a necessity. It is reported of Mr. Campbell that, when acting Attor- ney-General, he used to amuse the public by affirming that the Grand Jury, of Hongkong was comprised “in his own little person”; and from the Chief Magistrate’s Bench where he was wont to perch himself, he would propound strange doctrines about contempts of court and his right and determination to ex- clude the public from the Police Court (which, by-the-bye, it was said, they virtually already were, on account of the mal-construc- tion of the office, which made it impossible for any one except the Magistrate to hear what was going on). But apparently the most extraordinary escapades of Mr. Campbell, as acting. Attorney-General, were during his nocturnal visits to the Police oftices, undertaken, it was understood, “ with the view of impress- ing upon the Peelers a notice of his own consequence and of his unlimited authority over them, far surpassing, according to his own account, that of Superintendent, Magistrate, or Gov- ernor himself.” These scenes, added the report, would have afforded materials for an amusing farce, with which the Hong- kong Theatre might very appropriately have opened. As already stated, nothing can be found tracing Mr. Campbell’s movements after the Chief Justice’s return to the Colony, and therefore, as a fitting conclusion to a not altogether creditable LAND. career, nothing better can be done than to quote a not very complimentary paragraph which appeared in a local newspaper expressive of the view taken of Mr. Campbell’s refusal to make way for Mr. Sterling as acting Chief Justice, on the return of the latter from leave: shortly before the re-assumption of duty by Chief Justice Hulme, and fittingly describing an anticipated and by no means regretted departure :— a “ What claim had Mr, Campbell on the local Government that he was in spite of all;retained as its Judge? He came here a briefless barrister from Calcutta after leading the life of an adventurer, and justly considered an act- ing appointment for eighteen months with £750 a year worth more than all his fabulous practice at Calcutta would ever have realized him. If incapacity was a necessary qualification for the Bench with a total absence of decorum, if these were the ingredients of the Judges who were so much and so justly admired in England, then the present Bench’s incumbent might be retained until the return of Judge Hulme, when the servile protégé of Sir John Davis would be obliged to slink from the Colony, having, during his sojourn, earned the undisguised contempt of the community.” On the 14th July, the Governor returned from his northern tour, having been nearly three weeks away. Among the official ‘notifications of the 17th July, was an extract from a despatch of Earl Grey, Secretary of State for the Colonies, dated 4th May, 1848, in reply to the memorial before alluded to from the residents of the Colony dated the 19th February last,* on the subject of ground rents. Lord Grey stated that he could not admit that the memorialists had established any good ground for the reduction they sought. Mr. Bonham in a despatch to the Secretary of State upon the subject, dated the 26th August, 1848, suggested that he might be authorized to extend the term of tenure from 75 years to any other that Her Majesty’s Government might approve of. He mentioned that at Singapore the term was 999 years, and that the intention there was to convey to the landholders all . the advantages that attach to a permanent grant, without saddling them with the inconvenience sometimes attending the tenure of real property.T s _ In reply to that despatch, Earl Grey stated (despatch of the 4th December, 1848) that, fully appreciating the difficulty in proposing any plan, short of the actual reduction of the rents, which would prove entirely satisfactory to the general body of landowners, he was inclined to concur in the opinion that to extend the term of the existing leases would be the * Anté Chap. VIII § IL, p. 178, + See also anté Chap. VII, p. 144, 205 Chap, X. 1848, ‘The bo undisguised - contempt — of the community.’ Return of Governor Bonham, Land. Reply of Earl Grey to memorial of residents. Ground rents, Governor Bonham's despatch, Extension of term of leases. Earl Grey's reply. Fe; 206 Chap. X. 1848, Return of Mr. Inglis, the Registrar- General, from leave, Victims of Too Apo pardoned. Governor Bonham eulogized. Another victim of Too Apo pardoned, Piracy Case against Captain Cole and crew of the schooner Spee. No true bill, HISTORY OF THE LAWS, ETC., OF HONGKONG. most expedient course to adopt. Earl Grey then authorized the Governor to take the necessary measures for granting these leases in virtual perpetuity for the term of 999 years, and, as will be seen later on, steps were taken in that direction on the 3rd March, 1849, by Government Notification of that date.* i On the 20th July, Mr. Inglis, the Registrar-General, returned: from leave and resumed the duties of his office. On the 21st July, just a week after the Governor’s return from his trip, a proclamation was published announcing that the three victims of the infamous Too Apo, formerly a pirate, next. an informer, then a trafficker in human lives, and now a convict, and who has been so often mentioned before, had received a free pardon. It will be recollected that Too Apo had been convicted at the April Criminal Sessions of this year of extorting money under a threat to charge others with piracy,t and that three of the men, sentenced to transportation upon his unsupported evidence in January last, were about to embark by the Mor, but were kept back by the Governor that he might inquire into their case.[ There could not have been a difference of opinion.as to the use the Governor had made of the high prerogative with which he was entrusted. It had been the peculiar misfortune of these men that they had been tried and condemned before Mr. Bonham’s arrival, and it was suggested that, with so indifferent a judicial staff to consult, Mr. Bonham might hardly have been expected to exercise his prerogative of pardon against the advice of the then acting Chief Justice and the Chief Magistrate, however much he may have doubted its soundness ; but the fact of these men having been retained in the Colony and Mr. Bonham himself inquiring into their case, afforded a gratifying proof of Mr. Bonham’s desire to see justice done to the meanest of those ‘placed under. his Government. On the 17th August, the Governor granted a, free pardon to another of the unfortunates convicted on. the now memorable 24th January of the present year. On the 29th July, the schooner Spec arrived in Hong- kong under charge of Lieutenant Graham and a prize crew belonging to H. M. brig Childers. Captain Cole of the Spec and her crew were handed over to the authorities on a charge of piracy. The case attracted much attention at the time, but at a Sessions of the Vice-Admiralty Court on the 3rd October, the Grand Jury found no true bill against the prisoners, who were discharged. The case, it would appear, rested mainly upon an * See Chap. XI, infrd. ¢ Anéé p. 191. t Anté Chap, viii § 11,, p. 174. THE ATTORNEYS AND THE COURT FEES. alleged confession of Captain Cole and the statement of a Chinese witness who had disappeared, and for whose apprehen- sion Government had offered a reward of $200. Mr. Mercer, the Treasurer, who had resigned his temporary seat in the Legislative Council on the return to the Colony of Chief Justice Hulme, was now again appointed a member of the said Council and was re-sworn accordingly. On the 7th August, the solicitors and attorneys of the Supreme Court petitioned the Chief Justice on the subject of the Court Fees, forgetting apparently that the reform asked for did not so much rest with the Chief Justice as with the Execu- tive. The following was the petition :— Victoria, 7th August, 1848. To the Honourable Joun Watter Home, Esquire, Chief Justice of the Supreme Court of Hongkong. The humble petition of the Solicitors and Attorneys of the Supreme Court, Humbly sheweth,— That we most respectfully call your attention to a circumstance which has long been felt as a bar to suitors in the Supreme Court obtaining their just rights by the aid of law, especially to the Chinese and Natives of India, many of whom have large claims, which they are at present prevented from bringing into Court by reason of the percentage fee payable on affidavits to hold to bail, on declaration, and on the judgment pronounced, which is two per centum for the first one hundred dollars, and one (per cent.) for every subsequent hundred, of the amount claimed or sought to be recovered ; and which in many cases acts as a complete barrier to parties obtaining redress. We may mention in proof of this that there are several parties who have equitable rights of action upon individuals residing in China, and within the jurisdiction of the Supreme Court of Hongkong, one of which is for the recovery of about $100,000. In their case the bill has been already drawn by counsel nearly two years ago, but as the party is not, through unavoid- able reverse of circumstances, able to raise a sum of one thousand and one dollars being the Court fee payable on the filing of this bill, he is completely shut out of the Court ; while he cannot sue as a pauper, being worth more than twenty-five dollars, but not able to pay so large a sum as one thousand dollars. A few months ago, a Chinese merchant wanted to hold an English mer- chant (who was going to England by the mail in rather a sudden manner) to bail, for his debt for goods sold, amounting to seventy thousand dollars. To do this he would have had to pay a fee of seven hundred and one dollars on the affidavit to hold to bail, which the party looked upon as in the nature of Mandarin squeeze, and would not pay ; and, of course, he was deprived of his remedy and in many similar instances have parties been prevented from coming intoCourt. If Your Lordship would take the trouble of looking through the Table of Court Fees, you would observe that in suits commenced by way of arrest, this fee of one per centum is paid three several times during a suit, should it go to trial ; if the suit is commenced by the ordinary writ of summons, 207 Chap. X. 1848, Re-appoint- ment of Mr, Mercer as a member of the Legislative Council. The solicitors and attor- neys petition the Chief Justice on the subject of the Court fees, 208 HISTORY OF THE LAWS, ETC., OF HONGKONG, Chap. X. the fee is paid twice; while on judgment by default there is no percentage 1848, Fees prescribed. by Regula Generalis. Inspector Smithers and other Police drowned, fee on signing the final judgment. In small amounts’ these fees are not gon- sidered so great a hardship; but when the amount sought to be recovered is large, this fee frequently operates almost as a denial of justice. At present there are many parties who have very large claims on a firm at Canton, which they do not like to bring into Court on account of this fee, In one case, writs of summons have issued to the amount of twenty thou- sand dollars on bills of exchange, and on which the party declined risking the fee of two hundred dollars: for filing the declaration, as he says he may not get anything by it. Perhaps it might not be out of place to mention that we have been informed that at the Consular Courts payment of the same fees as are payable in the Supreme Court are not in all cases paid. We would also respectfully add, that those fees above alluded to are not known amongst the fees of Court in England ; and we are not aware of such a fee being payable in any other of Her’ Majesty’s Colonies,—the fee upon filing declarations and affidavits to hold to bail in England, and in the Colonies of Australia and Van Diemen’s Land being only one shilling, whatever may be the amount recovered. We would therefore humbly suggest a more equitable mode for the collec- tion of a fee greater in amount, namely, a poundage fee similar to the Sheriff's in all cases on writs of ca. re. and executions, whether on judgment by default or otherwise, such fee to be levied by the Sheriff on the amount recovered. It is humbly conceived ;that ‘by abrogating the amount payable in the initiatory part of proceedings, even a greater revenue would be derived to the Court than the amount already realized, people generally viewing actions at law as a species of speculation, and in which, if they succeed, they would not object paying what might be reasonably demanded for the benefit derived. These few observations are addressed to Your Lordship actually owing to the frequent complaints of suitors on this subject ; and to which we most humbly and respectfully beg to call your attention. Your petitioners therefore humbly pray Your Lordship’s interference in the matter ; and’ hope that what is now felt to be a grievance, Your Lordship will be able to have remedied ; and your petitioners will ever pray, ete. The fees complained about had been prescribed by the Re- gula Generalis of the 1st March, 1847, before alluded to.* On the 31st August, Mr. Thomas Smithers, Inspector of Police, was caught in a typhoon while in charge of some Police who had been ordered out in the Police gunboat for a change by the Medical Officer, and, together with his son and a number of European and native Police, was drowned. By Mr. Smithers’ death, the public lost a most efficient officer whose zeal and’ ac- tivity had been only equalled by his experience acquired during twenty years’ service in the London Police, and who had been selected from that body, as the most likely man to assist Mr. May in performing Police duties in Hongkong, in a satisfactory manner.f On this sad occasion the Police lost no less than eight European and nine other Policemen, Manilamen and Chinese. * Ante Chap, v. § IL, 'p. 130, t See Chap. 111. § IT., pp. 7, 76, A FATAL SCRIMMAGE WITH POLICE. Mr, Holdforth, Assistant Magistrate and Sheriff, again came under public notice at this period.* In his capacity of Sheriff, it was publicly alleged that “for pecuniary consideration” he allowed debtors to go out when and wherever they liked, in the custody of an officer, on the ground that the prisoners being committed to his charge he could of his own accord grant them any indulgence he pleased. Another charge against him was that he frequently employed convicts under charge of native policemen, in clearing, levelling, and carrying earth on his own eal grounds. Tor some reason not very apparent at this istance of time, the authorities appear to have turned a deafear to the public remonstrances as to Mr. Holdforth’s doings. The records of 1850, however, as will be seen later on, show him up in his proper colours. Mr, Hulme, the Chief Justice, was providentially saved from a violent death on Tuesday, the 5th September. In crossing a bridge on horseback between Victoria and Stanley, the bridge broke down, and the Judge had a fall of about thirty feet. Fortu- nately the fall was broken by a scaffolding put up for repairs, and though the respected gentleman, says the report, was severely bruised, it was gratifying to know that his injuries were not such “as to endanger a life so valued by his countrymen in China,’~-which in itself shows how popular the Chief Justice was. A Sessions of the Vice-Admiralty Court was held on Tues- day, the 3rd October, when the case of Captain Cole of the Spec, previously referred to,f was thrown out. On the night of the 15th October, 1848, as a party of Eng- lishmen in a boat were passing in the harbour, stones were thrown from one or two junks, and the water police were sent to obtain redress. It seems that it had been a practice among thieves in the waters of Hongkong to personate police, and in that guise to board trading vessels. It was blowing hard ; the eeu neared the junks ; many yards from the vessels, in the ark, amid much confusion of wind and voices, a summons was shouted, in indifferent Chinese, to the junkmen to admit the song on board. The Chinese showed fight, and the police oats made off to obtain reinforcements from a war-ship. A party was then sent under a naval officer, the junks boarded by force, when two Chinese were killed, and others taken into custody. On the way to shore, some of the sailors “exe- cuted Lich law” upon the prisoners by cutting off their queues, At an inquest held on the bodies, the Chinese pri- * See Chap. vii., p. 150, and Chap. xIt., infra. ¢ Anté p. 206, 209 Chap. X. 1848, Further charges against Mr. Holdforth, the Sheriff. Chief Justiee Hulme's fall from horseback, His popu- larity. Session of the Vice- Admiralty Court. Case against Captain Cole thrown out. Police scrimmage with Chinese inthe .- harbour. Police seek naval assistance, Chinese killed. ‘Tails’ ent off, 210 Chap. X. 1848. Verdict at inquest. Home and Indian view of the case, October Criminal Sessions, Convict soldiers transported. to Cape of Good Hope. Case of the Portuguese against Mr. Hillier. New trial granted by Chief Justice, Chief Justice Hulme disposed to grant plaintiffs every facility. Summary of the Case. HISTORY OF THE LAWS, ETC., OF HONGKONG. soners declared that they mistook the boats which approached them for those of thieves ; and a proclamation by the Governor was produced directed to masters of trading junks in. which it was declared that “no person except the Harbour Master can board a junk or vessel without the consent of the master, unless he is armed with a warrant and accompanied by a constable.” The Jury returned a special verdict with a rider to the effect that the two Chinese died from gun-shot wounds inflicted by certain seamen and marines unknown acting under orders, but that the resistance offered “appeared to have been justified” by the necessity of trading junks protecting themselves from being boarded by strangers and pretended policemen, which was tantamount to a verdict of ‘manslaughter’ against the assailants of the junk. The action of the authorities in this case was after- wards strongly commented upon by both Indian and Home papers, and the suggestion thrown out that ‘‘the prisoners ar- rested by the boarding party, and the families of the men killed, had a just claim to compensation—a claim no less cognizable by policy than justice.” ot On the 16th October, the usual Criminal Sessions were held. There were fifteen cases set down for trial, but none call for special notice at this distance of time. Under instructions directed to the Government, dated: the 28th September, 1848, all British soldiers sentenced by Court- martial to transportation, were ordered to be removed to the Cape of Good Hope there to undergo their sentences. On the motion of Mr. Gaskell, attorney for the plaintiffs in the case of D’Assis and Pacheco against Hillier, non-suited on the 26th April last,* a new trial was granted by Chief Justice Hulme on Friday, the 24th November. The parties evidently seemed determined to go on with the case, and from the facts reported at the last hearing, it would appear as if the plaintiffs had some reason for suspecting “how far Mr. Campbell’s temporary promotion had been consequent upon an understanding that this and one or two other cases were to be disposed of according to the wish of Sir John Davis.” Be that as it may, however, whatever the facts, the parties proved un- successful in the end upon a point of practice, though Chief Justice Hulme evidently seemed disposed to afford them every facility for proceeding with their case. The matter having caused so much discussion at the time and undoubtedly given the authorities some trouble, it may not be out of ‘place to put on record the last phase in connexion with it. On the date fixed, the 13th December, the case came on for trial before the Chief Justice and a Special Jury. The damages, as * Anté Chap. IX., p. 183. CASE OF THE PORTUGUESE AGAINST MR. HILLIER CONCLUDED. stated before, were laid at $25,000. After the pleadings had been opened by the plaintiffs’ advocate, and as he was proceed- ing with the case, a question as to whether in point of law the action was tenable, was raised on the grounds that the statute had not been complied with, so far as regarded the plaintiffs not having given notice to the defendant, and commenced their action within six months after the trespass and false imprison- ment complained of by the plaintiffs, had been committed, the Act of Parliament requiring that in cases of actions against Jus- tices of the Peace and other officers, proceedings should be com- menced within six months after the cause of action arose. The plaintiffs’ advocate contended that, although the plaintiffs had been released from imprisonment at Macao on the 15th September, 1846, in which position they had been placed in consequence of Mr. Hillier’s warrant of arrest, still they were bound over in heavy recognizances not to quit Macao, until the sentence of the Supreme Court at Goa regarding their case was made known, and that therefore they were under duress and unable to leave that place to seek legal advice or redréss at Hongkong, and that they, labouring under such a disability, were entitled to prosecute their action, notice having been given and the action commenced within six months after their bonds or recog: nizances had been cancelled and such disability removed. Notice of action had not been served on the defendant until September, 1847. - His Lordship, in delivering judgment, said that on this point he was of opinion that the plaintitfs night have complied with the statute by sending for their legal adviser to Macao, and instructing him to proceed with the case earlier than they had done; or that they might have appointed some person to com- municate. with him on the subject, and as this had not been done, His Lordship ruled that in point of law the case could not be carried further, and accordingly instructed the Jury to find a verdict for the defendant, which they did. The plaintiffs’ advocate then stated that the plaintiffs were men of high standing and respectability, and that the action had been brought not as a money-seeking one, but with a view to the vindication of their reputation from the charge on which they had been arrested. The Chief Justice observed that, in his opinion, there was not the least ground for any imputation on the characters of the plaintiffs, especially as they had been acquitted from the charge by the sentence of the Supreme Court at Goa. Thus ended a case that had been pretty freely discussed in Hongkong during the last two years. 211 Chap. X, 1848. Chief Justice’s decision, Verdict for the defend- ant. No imputa- tion on the characters of the plaintiffs. 312. Chap. X. 1848. Mr. Mc- Swyney and his Chinese wife Aho, How he was duped into marrying her. He ill-treats his wife and turns her out of doors. He charges her with larceny. HISTORY OF THE LAWS, ETC., OF HONGKONG. At the last Criminal Sessions, a Chinese woman named Aho, alias Mrs. McSwyney, charged with larceny, was dis- charged by proclamation, the Attorney-General declining to proceed with the case. It would appear that this woman was in reality the wife of Mr. McSwyney, alternately Deputy Registrar of the Supreme Court, Solicitor,* and Coroner.f It will be remembered that his. conspicuous incapacity had caused the Government to ‘ relieve’ him of the Coronership in Novem- ber, 1846,{ and now his ‘littie knowledge of law’ had further proved dangerous to him, and caused him to be duped into a strange matrimonial entanglement, a farce, it was said, to wind up what, in theatrical language, was styled “the heavy business” and which was further illustrative of the ‘‘ marriage of lawyers.” in China. Mr. McSwyney, it appeared, had formed, an acquaint- ance with a woman named Aho, representing herself to be the widow of a Fokien merchant, who at his death bequeathed her some household property in Canton, which, if McSwyney mar. ried her, she would make over to him. To this he consented, and after signing the customary Chinese marriage documents, accompanied his wife to Canton, where she introduced him to.a man calling himself her brother, and who stated he was an extensive tea-dealer, and further that he would be happy to give his English brother-in-law the entire management of the shipping of his teas. A large house was also pointed out.as the property of the woman. Mr. McSwyney: was delighted, and returned to Hongkong, where, it is said, in the exuberance of his spirits, he presented his“wife with a great many presents consisting of dresses, trinkets, ete. As the period approached when the rents were said to be coming due, Mr. MeSwyney left for Canton; but, on presenting himself at the Hon with the receipts for the rent, was not a little astonished to learn that he had been completely duped, and that nothin, was known about the woman Aho, or her pretended brother, the tea merchant. Mr. McSwyney thereupon returned to Hong- kong quite crest-fallen, and avenged himself by mal-treating his wife and turning her out of doors. Some days after he appear- ed at the Police Station and lodged a charge against her and his servants, for stealing several articles from his house. The woman was apprehended and taken before Mr. Hillier, the Chief Magistrate, and, on being questioned, acknowledged that several of the articles were in her possession, but that they consisted of presents which her husband (McSwyney ) had given her previous to his last visit to Canton. There were some English shirt studs amongst them which the Magistrate remarked could never * See antd Chap, 111 § 11, p. 82. + Anté Chap. 111 § IIT, p, 97. $ @d., p. 114, A RETROSPECT oF }1848, have formed part of a Chinese woman’s, costume, but. Aho explained that in the evenings she used to dress asa European and walk out with her husband. The Magistrate, evidently doubtful of his own law, directed that she should find bail for her appearance ‘to answer any charge that might be brought against her by the Attorney-General.” Mrs. McSwyney, not being able to find security, was therefore detained in prison until the Sessions before last, when she was discharged from custody by proclamation. Mr. Sterling, the Attorney-General, consi- dered there was no case to go to trial, holding that Aho was really the wife of McSwyney, having been married in the usual Chinese form, and never divorced. Early in December, Mr. N. D’E. Parker, the Coroner, who had succeeded Mr. McSwyney, resigned office, and the Government thereupon appointed Messrs. Hillier and Holdforth to act as “ Joint-Coroners—-” a peculiar appoint- ment which raised the question whether they were to act ‘jointly or severally.” On the morning of the 28th Decem- ber, a few minutes after 8 o’clock, the convict Mo Yeen, found guilty at the Criminal Sessions held on the 15th Decem- ber, of a murder committed in November, 1845, when his accomplice’ was found guilty and hanged,* was executed at West Point. The prisoner had escaped to Canton and only returned to Hongkong in October last. He was recognized by Mr. Caldwell, the Assistant Superintendent of Police, who saw him in a barber’s shop as he was passing, and took him into custody. He walked to the scaffold with the utmost coolness and appeared perfectly indifferent to the awful death awaiting him. Only two Ordinances were passed during the year 1848. As seen, therefore, Mr. Bonham preferred abiding his time by looking round and studying the requirements of the place rather than plunge himself into a system of hasty legislation so often detrimental to the best interests of a Colony, with no alternative afterwards but to repeal or revoke. The arrival of Major-General Staveley, followed by that of Mr. Bonham as Governor, and the departure of Major-General D’ Aguilar, Governor Davis, Mr. Consul McGregor, and the reinstatement of Chief Justice Hulme, all prominent men, are features intimately associated with the Colony and its judicial affairs during the year under consideration. Nor will the incidents connected with Mr. Campbell’s short and extraordinary career as an acting high official, followed by his hasty departure, be found less worthy of record; without * See anté Chap. III § U1, p. 90. 213 Chap. X. 1848, Mr. Hillier doubtful of his law, leaves matter to the Attorney- General. Mr. Ster- ling’s views. Mrs. Mc- Swyney is discharged by proclama- tion, Resignation of Mr. N. D’E. Parker as Coroner, Messrs. Hillier and Holdforth ‘ Joint- Coroners.’ Exccution of Mo Yeen for murder committed in November, 1845, How his capture was effected, His indif- ference on the scaffold, Judicial features of 1848, 214 HISTORY OF THE LAWS, ETC., OF HONGKONG. Chap. X. omitting also the conviction of the notorious pirate and infamous Too Apo, in whom the authorities and the public seemed ap- parently to have placed implicit confidence, till found out,— with what result: of suffering and injustice this world will never know. 1848, 215 CHAPTER XI. 1849. Public meetings regarding the position and prospects of the Colony.—Lord Grey's des- patch referred to.—Popular representation.—The Supreme Court.—Expenses under the Treaty unfair to the Colony.—Mr. N. D’K. Parker and the complaint as to Attorneys’ charges.—Mr, Gaskell and the fees of Court.—No love for litigation,—Cost of law pro- ceedings.— Meeting adjourns.— Hongkong only Crown Colony wherein principle of repre- sentation not recognized.—System of representation asked for.—The Supreme Court and legal expenses. —Heavy bills of costs against. Chinese.—No wrong implied to the Supreme Court.—The first six Attorneys of the Court in Hongkong.—The two Attorneys still in practice.—Chinese less partial to litigation.—Fees in the Supreme Court considered enorm- ous.—Justice in England —In Hongkong.—Attorneys’ bills subject to taxation.—Aboli- tion of Supreme Court not aimed at. Mr. Campbell “a puppet whose malice checked by imbecility.”—Interference of Sir John Davis with the administration of justice.—Gov- ernor Bonham and Lay Judges.—The tone of public opinion at the time of the Chief Justice’s suspension.— Mr, Campbell the “ vicious tool.”— Permanent maintenance of the Supreme Court desired.-Escape of Chinese transported convicts at Penang.—Judicial revenue and expenditure.—How Mr. Campbell increased the revenue.—The adjourned public meeting.—A short Code for the more convenient administration of justice,--Ex- tension of the Summary Jurisdiction of the Supreme Court.—Compliment to Chief Justice Hulme.—Publie representation in the Legislative Council—Forms and Fees in the Supreme Court.—Mr. Parker upon the want of interpreters in the Supreme Court.—Dis- graceful state of affairs.—Memorial settled —Comments.—The memorial sent Home.— Publication of Draft Ordinances.—An Ordinance to repeal Ordinance No. 6 of 1847.--A departure.—The liberality of Mr. Bonham.— Drafts of Ordinances regularly published.— Bulk of Criminal Cases to be tried in Police Court.—Considerable alarm and disapproval. —Ordinance No. 6 of 1847.—Nefarious attempts to interfere with the administration of justice.—No insinuation against Mr. Hillier, though no confidence in him.—Guided by the Executive.— Public excluded from the Police Vourt.—Discreditable opinion held of Mr. Hillier.-—-Reforms asked for in the Police Court.—Objectionable portions of the Bill. —Power of appeal to Supreme Court withheld.—Ordinance No, 6 of 1847, s. 7.—Sir John Davis and Consular decisions,—The intent of the proposed measure.—Chief Justice Hulme had never complained.—Confidence of community in him.—Drudgcry of a small debt Court imposed on the Chief Justice.—The Chief Justice and the proposed Ordinance. —Points brought out in the proposed Ordinance.—Tenders for passages for convicts to the Cape of Good Hope and Penang.—February Criminal Sessions.—Dr. Bowring appointed British Consul at Canton in the place of Mr. McGregor.—His previous career.— Murder of Captain Da Costa, B.E., and of Lieutenant Dwyer, Ceylon Rifle Regiment, at Wong-ma-kok, —They had had a champagne tiffin.—The Chinese evidence as to the murder.—Taking li- berties.—The Chinese outlaw and pirate Chui Apo.—The officers hotly pressed and over- powered.—Their bodies hurled into the sea.—Action of the authorities. —The Police and military scour the island.—H.M.S. Fury.—Body of Captain Da Costa found,—Arrests.—The sad tale.—Thé inquest.— Verdict of the Jury. Wilful murder against Chui Apo and others.— Suspects discharged.—Government rewards,—Body of Lieutenant Dwyer never recovered. —Funeral of Captain Da Costa.—Appointments of Justices of the Peace.—-Probable reason, —Petty Sessions Ordinance No. 1 of 1849 passed by the Legislature.—The Ordinance modified to meet public wishes.—Calculated to be useful.—Presence of Justices of the Peace provided for.—Police Court remained unaltered.—Mr. Hillier discharging duties devolving upon the Chief Justice and a Jury.—More Justices of the Peace.—No dearth of Justices.—Ordinance No. 6 of 1862.—Sittings at Nisi Prius.—Auction duty abo- lished and licences granted.—Land. Extension of terms of Crown Leases.—First sitting of Court of Petty Sessions,—Meeting of China Branch of Royal Asiatic Society in the Supreme Court.--Ground floor of Supreme Court also used as a church.--Room used as vestry sct apart for the Socicty.—Draft of Ordinance to amend Ordinance No. 9 of 1845, relating to the Summary Jurisdiction of the Supreme Court, published.—Chiet objection to the extension of Summary Jurisdiction—Mr. Campbell still on the public mind.— Mr. Hawes, M.P., on the average disallowance of Colonial Acts.—Elected legislatures and elements of representation.— Materials for popular representation.—Different condition of affairs in Hongkong.--The objections to the extension of the Summary Jurisdiction of the Court.—Sir John Davis and Mr, Campbell in view still.—Section 5 of the Draft Ordinance, 216 Chap. XI, 1849, HISTORY OF THE LAWS,- ETC., OF HONGKONG. Power to employ ‘friend or agent’ to conduct a suit.—The Attorneys.—Attorneys neces- sary evils.--Rules of practice and procedure simplified.—Effect of possible reforms.—No permanent interpreter attached to the Court.—The evils of such a system.—Arrival of Dr. Bowring, Her Majesty’s Consul at Canton.—Notification of his assumption of duty.— Mr. Mercer appointed to a seat on the Legislative Council.—Accommodation in the Police Court.—The reporters and acoustic arrangements.—Inconvenient situation of the Police Court,—The Supreme Court Building and its utilization as a Police Court as well, —The ground floor considered fit for a Police Court.—The ground floor of the Supreme Court, how utilized then.— Police‘Court was never removed from its site.—April Criminal Sessions. One sentence of death commuted.—Ordinance No. 3 of 1849, to extend the Summary Jurisdiction of the Supreme Court, is passed.—Governor’s regard for public opinion.—Obnoxions part referring to actions for damages repealed.— nistration of justice.” The next paragraph referred absolutely to. the Supreme Court and was in condemnation of the fees-charged, of excessive attorney’s costs, and of the necessity for the employment of attorneys. It stood as follows :— a ape may 8. “ Your petitioners cannot too strongly express their conviction of the bad moral effect produced in the minds of the Chinese by the present system adopted in the Supreme Court, whereby the ends ‘of justice are too often frustrated, and parties. seeking redress are obliged to call’in the assistance, in civil suits, of attorneys, whose charges are excessive, but whose services are rendered necessary by forms which none but an attorney understands ; whereas these, in the opinion of your petitioners, should be so simple as to admit of any one pleading his own cause.” : a A previous paragraph, the fifth, touched upon certain: ex- penses under the Treaty, which it was considered the Colony should not be exclusively charged with, such as related. to the Superintendent of Trade, the Supreme Court, “as well as the Consular Cases in which the Attorney-General was consulted at the charge of the Colony.” t es Mr. N. D’E, Parker, solicitor, begged to call the attention of the meeting toan expression in the eighth paragraph, convey-. ing a very sweeping and grievous charge. If it were forwarded in its present state, it would oblige him and his brother-attorneys to send a counter-petition, wherein he would state the number of cases in which the merchants of China had. been concerned. Of the mercantile houses represented at the meeting, two or three only had brought actions in the Supreme Court. ‘The immense sums paid into the Treasury as fees of Court, which appeared in the returns of revenue, showed. how little the attorneys got out of these charges. More than £2,000 a year was derived from this source. , , Mr. Gaskell, another solicitor present, said the Court, fees were justly complained of, but the attorneys had nothing to do Several of the others seemed disposed to deferid the clause as it stood, but one member, professing no particular love for litigation or attorney’s charges, could not help thinking that the clause might be modified’ with advantage, and he trusted that the Committee whose appointment he was-about to move would think so too, The meeting had been assured there was no intention to impute blame to the head of the law here, but as the clause stood, this was not very clear. With regard to the cost of law proceedings, it would be well for the meeting to bear in mind that under the head of “Fees, Fines, and Forfei- THE SUPREME COURT AND ATTORNEYS’ BILLS DISCUSSED. 219 tures,” in the revenue returns of Hongkong, appeared a sum Chap. XL. exceeding £4,000, being double ‘the Police rate, which, strictly jay, speaking, was the only tax upon the colonists. The meeting Meeting then adjourned till Friday, the 19th January, at noon, for the “!°™™* purpose of giving sufficient time for consideration of the matters contained in the draft letter and: petition. ‘The proceedings at: this. meeting naturally excited much public. attention. There were points in the memorial which undoubtedly could, be adopted and would be productive of much benefit ;, such as, a share in the legislation to. be extended to the residents, a simplified code-of legislation, and a reduction in the fees and. charges of the Supreme Court. - This was the only Crown Colony at the time in which the nongkong principle of representation had not been recognized, Without only Crown a ‘constituency or with one where the great majority cannot wherein appreciate the privilege, an elective legislature was entirely out ea, of the question ; but in other possessions to which the franchisé tion not had not yet been extended, the principle of representation was "°°" acknowledged by the nomination of some of the most influen- tial and intelligent members of the community to seats in the Council. Such a system of representation could be asked for system of here, and so far from impeding the measures of Government, 7eprese™t=- a few members of Council acting independently would facilitate asked for. the labour and strengthen the hands of a liberal Executive. As to matters connected with the Supreme Court, it was The Supreme necessary to guard ‘against misconstruction. The draft of the er ae memorial had, to all-appearances, been prepared hastily and was expenses. expressed in such a manner as to lead to the belief that the Supreme Court was complained of and that it was wished to be got rid of. A greater mistake could not have existed. The expenses incurred in recovering a small sum were sometimes very great, but this arose partly from the rate of fees fixed by the Legislature. The authority, nay much more, the existence, of the Court was what no sane man could wish to see inter- fered: with. - The heavy bills of costs which had been run up Heavy bills, against Chinese suitors, who, ignorant of the laws and acting ue | upon bad advice, had rushed into litigation when they had no Chinese, chance of success, had not been without its ill-effects ; but to others the language used would imply that there was something No wrong wrong in the Court itself,—an opinion, it was understood, foreign (Piet to the gentlemen themselves who had drawn up the memorial. debtentie Nor. did it exist among the European inhabitants, who knew -°"" : : . : : 8) 3 The first six that justice was not governed by the opinion of an attorney, Attorneys‘ nor its length and breadth measured by a bill of costs. Of the ofthe ©“ er oe oo Court six attorneys who had practised their profession in Hongkong Hongkong. 220 Chap. XI. 1849, The two Attorneys | still in practice, Chinese less partial to litigation, Fees in the Supreme Court considered enormous, Justice in England. In Hong- kong. Attorneys’ bills subject to taxation. Abolition of Supreme Court not aimcd at. Mr. Camp- bell “a puppet whose malice checked by imbecility.” Interference of Sir John Davis with the administra- tion of justice, HISTORY OF THE LAWS, ETC., OF HONGKONG. during the last, seven years, one had been forbidden to. practise any further ; two were said to have been “notoriously unfit for any pursuit requiring judgment and common sense ;” and another had been obliged to leave in bad health. Without charging anything against the two gentlemen who were still in practice, there had been instances in which ignorant Chinamen had been urged into Court for the sake of a bill of costs, and this conviction had gained ground, and the system produced a bad moral effect upon the minds ofthe Chinese. Certainly, in a great degree the evil had ceased, but the Chinese, profiting by experience, were getting less partial to litigation. An outline of the forms of procedure in the Courts, and a brief abstract of the laws themselves in the Chinese language, was perhaps a desi- deratum ; but this was a subject for the consideration of the local Government, and until such a compilation. was available, the Chinese must depend upon the attorneys, and, after all, an honest lawyer was the best adviser, however much the people railed against them. : The fees in the Supreme Court were also considered ener- mous. Ata time when every available source was pressed into the revenue, justice, of course, had not escaped. In England, cheap and speedy justice had always engaged the attention of the best and wisest of our statesmen, and forms of procedure had been greatly simplified, expenses reduced, and time especially saved. Hongkong would eventually receive the full benefit of these changes, but it could not be expected, surely, that local claims were individually of sufficient importance to engage the atten- tion of Parliament for a special Act to be passed,altering the established forms of procedure here! At all events attorneys’ bills were liable to taxation, and were not a very proper. nor yet dignified subject for a Parliamentary appeal. It was suggested that the abolition of the Supreme Court. in a measure had been aimed at. The Home Government would never have listened to such a proposition, even if propounded. Lay Judges and “every man his own lawyer” were very pleasant theories, but, in practice, they would be disastrous. In reference to. Mr. Campbell, at. one time the occupant of the Chief Justiceship of the Colony, though it might not be possible again to see the administration of justice committed to such ‘a puppet, whose malice was only checked by his imbecility,” still the state in which the people here found themselves was too monstrous and of too recent a date to be easily forgotten, or to make anyone willing to dispense with a Jury inany serioustrial. Besides, the manner in which matters had proceeded in the Chief Magistrate’s Court, where Sir. John Davis openly and unblushingly interfered with the administration of the law, and the manner in whieh AN INDEPENDENT SUPREME CUURT INDISPENSABLE. that Court had submitted to his nefarious interference, was a pretty good specimen of what might be expected under other circumstances. IJfany such opinion, then, had ever been engen- dered as to the abolition or partial abolition of the Supreme Court,—an idea probably entertained by Mr. Bonham, the Governor, who, as Governor of the Straits Settlements and President of the then Court of Judicature under the Charter there, had had some experience of the working of that Court with a Recorder at Penang going occasionally on circuit to Singapore and Malacca, where in his absence sat, as Lay Judges, the Resident Councillors of each Settlement, and of the work- ing of which the writer knows something,—the people of Hong- kong should call to remembrance the state of this Colony before the Supreme Court was established and inquire whether it was preferable to the existing protection of just and equit- able laws? Was there such confidence in the Colonial Secretary, the Chief Magistrate, and the then members of the Government as could induce one to prefer their dispensa- tion of law to that of Chief Justice Hulme? It was necessary further to remember the tone of public feeling when the Chief Justice was suspended, as was rightly said, “ by an iniquitous tribunal, and a puppet of Government (Mr. Campbell) stuck on the Bench, to whom unnatural incapacity was not the greatest objection.” The feeling of indignation with which it was learnt that this ‘‘ vicious tool”’ was to be continued on the Bench after the Attorney-General returned to the Colony ; the gratification experienced when Chief Justice Hulme arrived to “displace the puppet from a position which he held for months to his own discredit and the discredit of those who helped him to his perch,” were all events, in connexion with the permanent maintenance of the Supreme Court, never to be effaced from one’s mind. The public, therefore, were invited calmly and patiently to consider the documents before them before embody- ing any opinion which the majority of the European inhabitants did not entertain. On the evening of the 13th January, eleven of the Chinese eonvicts, lately transported to Penang from this Colony, suc- ceeded in ridding themselves of their shackles while hathing at a well.in the neighbourhood of the Government. brick-kilns where they had been employed during the day. One of them attacked the native warder in charge, but the latter proving the more powerful of the two, kept his hold till assistance arrived. Of the ten who escaped into the jungle, seven were subsequent- ly re-captured, but three were, when the news reached Hongkong, still ‘at liberty, as was likewise another Hongkong convict who had escaped about three weeks before. 221 Chap, XL 1849. Governor Bonham and Lay Judges. The tone of public opinion at the time of the Chief Justice's suspension, Mr. Camp- bell the * vicious tool,” Permanent maintenance of the Supreme Court desired. Escape of Chinese transported convicts at Penang. ° 222 Chap. XI. 1849. Judicial revenue and expenditure. How Mr. Campbell increased the revenue, The adjourned - public meeting.. A short Code for the more convenient administra- tion of justice. . Extension of the Summary Jurisdiction of the Supreme Court. Compliment to Chief Justice Hulme. Public representa- tion in the Legislative Counoil, HISTORY OF THE LAWS, ETC., OF HONGKONG. The official statement of the revenue and expenditure of the Colony for 1848 was published on the 18th January. On fees, fines, and forfeitures of Courts there was a decrease of no: less than £1,124. 9s. 43d. since 1847, in which year, however, the amount was at. its maximum on account of the excessive fines and exactions in the Police Court, which, with-its Chief Ma- gistrate and Assistant, acting under superior orders, “used to take its cue” during 1847 from Mr. Campbell, the young man who then acted’ as Attorney-General-and who made it a boast to the Governor ‘‘how he augmented the revenue by that means.” By way of contrast, however, as pointed out before, it was worthy of note also that during the sz months he sub- sequently presided on the Bench of the Supreme Court, so little confidence was reposed in him * that the whole amount of fees was less than during one month after he was. displaced. From February to July, 1848, the fees in the Supreme: Court were £169. lls. 6d., while in August alone, after Chief Justice Hulme had resumed duty, they were £174. 13s. 4d. The adjourned public meeting previously referred to was held according to date, on Friday, the 19th January. The pe- tition to the Governor and memorial to the House of Commons were again brought up for consideration, and, after discussion and a few amendments, they were both formally adopted. In paragraph 7, the petitioners urgently prayed the attention of the House of Commons to the recommendations of the Select Committee, with special emphasis as to the drawing up of “ some short code for the more convenient administration of justice,” One member proceeded to suggest a further addition to clause 7 in reference to a proposed extension of the summary juris- diction of the Supreme Court from $100 to $500, but the sug- gestion was rejected, on the ground “that in the hands of the present Chief Justice there could be no objection to the exten: sion of authority, but in the event of losing him the propriety of committing such power to any other that might supply his place was more than doubtful,”—a well-deserved compliment paid to Chief Justice Hulme. A portion of paragraph 7 in the draft memorial was now in- corporated in paragraph 8, which itself stood modified also in an amended paragraph 9, these two latter paragraphs then reading as follows :— a As to public representation in the Legislative Council’: 8. “Your petitioners further represent that although this Colony has: bean established for upwards of seven years, the inhabitants have no share in, the Legislature either by elective representatives or by nominces selected by the * See anté Chap. 1X. p. 195, and Chap; X.,p. 198! SUPREME COURT REFORMS AND INTERPRETATION. oe a privilege which has.not been withheld from any other British. olony. And as to the forms and fees in the Supreme Court : ' 9. “ Your petitioners catinot too strongly express their conviction of the bad moral effect produced in the minds of the Chinese by the present system of forms adopted in the Supreme Court and by thé heavy fees authorized to be levied by the Court, in consequence of which the ends of justice were too often frustrated—whereas these forms and fees in the opinion of -your peti- tioners should be the simplest and lightest that circutstances will admit of.” Mr. Parker made some remarks upon the want of an inter- preter to the Court. In civil cases there was no. interpreter. For the last three months, the Chinese had been obliged, he said, “to go away without being enabled to enter their cases for the want of one, so that the Summary Jurisdiction was in effect closed to them.” In criminal cases, Mr. Caldwell, the Inter- preter, was also Joint Superintendent of Police “and was very frequently the principal witness against them.” | He could mention a case which had lately occurred in which the person who, was obliged to interpret for the plaintiff was the principal witness against him. However upright a person might be, the two offices were incompatible. ‘This was a disgraceful state of affairs, and one which, it will be remembered, was touched upon in this work so early as in 1841 shortly after the cession of theisland,* and which makes one wonder at this advanced period of the Colony how the Court work was got through ! Mr. Parker, however, having proposed no motion, the matter was not further discussed. As will be seen even as late as in December, 1850, matters in the way of interpretation had not improved, for on one occasion it will be found recorded that, at the trial of a case at the Criminal Sessions held on the 16th of that month, a Juryman objected to the interpretation of one of the ‘interpreters,f good grounds for which undoubtedly existed, though the juror seems naturally to have hesitated giving his reasons publicly for objecting. The petition and memorial having-now been settled, the meeting dissolved. Both had now been essentially improved, but neither, it was considered, had really grappled with the principal hindrances to thegrowth of a flourishing native trade, the only one materially influenced by measures of ‘the local Government. The last clause of the petition indeed condemned the difficulty and ex- pense of obtaining justice in the Supreme Court, as if that had been the only evil felt by the Chinese, or as if the Supreme Court were the only institution that needed reform ‘so far as they were concerned, ‘The clause had, in some respects, been greatly amended, but was still objectionable. in attributing the : * See Introduction, ante p. 10, + See Chap. XII., infra. ' 223 Chap. XI. 1849, Forms and Fees in the Supreme Court. Mr. Parker upon the want of interpreters | in the Supreme Court, Disgraceful — state of ; affairs, Memorial settled. Comments, 224 Chap. XI. 1849, The memorial sent Home, Publication of draft Ordinances. An Ordi- nance to repeal Ordinance No. 6 of 1847, A departure, The liberality of Mr. Bonham. Draft of Ordinances regularly published, Bulk of Criminal Cases to be tried in Police Court, HISTORY OF THE LAWS, ETC.,. OF HONGKONG. present system of forms and fees to the Supreme Court which’ had no option but to carry out the one and exact the other. Both were prescribed by the Regula Generalis, which, ‘‘amehd- ed ”—that is, with additional forms and heavier fees—purported to have “‘ passed the Legislative Council of Hongkong the 11th day of March, 1847.” The same power that made the law could improve it, and without denying that such an improve- ment might have been called for, it was by no means a subject: proper to be laid before the Imperial Parliament, which, in modern times especially, did not venture to make laws for the local government of Colonies. As the parties were subsequent- ly apprised, the memorial left by the mail of the 29th January. Full consideration appeared to have been given by the Home Government to the subjects mooted, and the result will be found embodied herein under date of October of this year. On the 30th, was published the draft ofan Ordinance to repeal the Ordinance No. 6 of 1847, which related to an extension of the summary jurisdiction of Police Magistrates and Justices of the Peace. The publication of this draft Ordinance was a de- parture from the course hitherto followed, which had been never to publish the Ordinances until after they had passed the Le- gislative Council, and this, it was considered, was of good augury and had presumably been done with the object of enabling the public to express their views upon the merits of the Ordinance, In any case, however, what was called the “ liberality, of Mr. Bonham” was greatly appreciated and duly recognized. Be that as itmay, drafts of Ordinances. to be submitted to the Legislature, appear after this date to have been regularly pub- lished. . 24 By the Ordinance under consideration it was proposed. to, remove the bulk of the criminal cases from the Supreme Court, where they were tried by a Judge and Jury, to, the Police Court where they would be settled by a Magistrate, who was ‘not even a lawyer,” without a Jury, and that justice might be placed the more effectually under control, it was enacted by the 13th section that the Magistrate, a mere creature of the Execu- tive, might discharge, bail, or commit “ without taking down in writing any part of the examination,—a most unconstitutional and dangerous power making the Magistrate altogether irre-. sponsible for his procedure.” Though the title bore that, its object was to repeal Ordinance No. 6 of 1847, the Ordinance was rather, what Sir John Davis would have termed, to ‘‘amend” Ordinance No. 6,—a great part of which was now re-enacted, without any material alteration. It was, however, worthy of note, as showing the altered state of public feeling, that while REFORMS SUGGESTED IN THE POLICE COURT, 225 the former Ordinance scarcely attracted any remarks, the pre- Chap. XI. sent one had excited considerable alarm and disapproval. In — jgy9 1847 the Supreme Court was for some time over-burdened with Considerable most trifling cases, many of them offences against property eo which could easily have been disposed of by the Magistrates, but by which the Chief Justice and Juries were detained four or five days every alternate month. As a remedy against this Ordmance evil, Ordinance No. 6 of 1847 was consequently favourably oe received. Since then, so many nefarious attempts had been ‘made to interfere with the due administration of justice and Nefarious to convert the Supreme Court into a political engine,—during ™empts the suspension of Chief Justice Hulme the public felt them- with the selves so defenceless against the caprice or malice of the man *0my*t™ who occupied his place,—that, finding the unbending character justice. of the respected Chief Justice and the incompatibility of the Court altogether with the purposes to which it was wished to convert it, it was surmised an attempt was being made to get rid of it and to substitute something more “ pliant” and work- able in its place ; any measure thérefore tending in any way to interfere with or abridge the privileges of the Supreme Court naturally and necessarily created the greatest alarm, and this feeling was in no way diminished by the proposal. to transfer the authority to the Chief Magistrate’s Court. There was no No insinua. wish to insinuate anything against the uprightness of the official Me Hite who held the position of Chief Magistrate, but it was a well- though no known fact that he did not possess the confidence of the public. eee idee His readiness to be guided by the will of his superiors, joined Guided to the fact of his eacluding the public from his Court, had by no Peet ceive, means counteracted the opinion previously formed of him— Public . ‘ : ‘ Saye. i , . + exeluded showing the discreditable opinion which the public up to this from the period even, held of Mr. Hillier, the Chief Magistrate. He did Police : > th Je . 5 . Court. not possess the requisite legal qualification, nor indeed any legal Discreditable qualification at all, except such as he had acquired by reading opinion held since his appointment. . Hillier, In the Police Court, a reformation was required that justice Reforms should not be turned from its natural channels nor the laws put ee under the administration of uneducated Police Magistrates. If Police this draft Ordinance was really to become law, it was a necessity °°" that Mr. Hillier should be provided for otherwise in the public service, and a vacancy made for a legally qualified Magistrate. One onjection- of the most objectionable parts of the new draft was, that while 5?% portions it extended the Magistrate’s power to a higher class of offences, as well as enlarged the degree of punishment he could inflict, and left it equally unnecessary that any other should be present , to sanction or modify his decision, it withheld the power of appeal to 226 Chap. XI. 1849, Supreme Court withheld. Ordinance No. 6 of 1847, s. 7. Sir John Davis.and Consular decisions. The intent of the proposed measure. Chief Justice Hulme had never complained. Confidence of com- munity in him, Drudgery of a small debt Court imposed. on the Chief Justice, The Chief Justice and the proposed ° Ordinance, Points brought out in the ‘proposed Ordinance, Tenders for passages for convicts to the Cape of Good Hope and Penang. HISTORY OF THE LAWS, ETC., OF HONGKONG. appeal to the Supreme Court as contained in Section No. 7 :of Ordinance No. 6 of 1847. This had a most suspicious resem- blance to the means by which Sir John Davis withdrew the right of appeal from the Consular decisions when he found their irregularities were likely to be made the subject of review before the Chief Justice.* The intent of the Ordinance, it was said, was to relieve the Supreme Court where the cases were so numerous that the Judge could not attend to them. But it was not known that Chief Justice Hulme had ever complained of the labour entailed upon him, and if he was willing to hear all the criminal cases that came before his Court, there could be no grounds for legislative interference. The community had per- fect confidence in him ; in the Magistrate, even with his present limited powers, they had not that degree of confidence which it was desirable should exist, and if the Legislature encroached upon the one Court and granted unconstitutional powers to the other, it required no prophetic vision to predict trouble and yvexation. Chief Justice Hulme had already saved the Colony the expense of one Court—the Court of Requests—by adjudi- cating in civil matters where the sum involved did not exceed $100, though there seemed something derogatory in the respect due to the Chief Justice of the Colony, when he was required to adjudieate upon the small claims that were brought before him. In no other Colony was the drudgery of a small debt Court imposed upon a Chief Justice ; from this it was reasonable to conclude that, so far from wishing to be relieved of a portion iof his proper duties, he viewed the Ordinance with abhorrence. The points brought out in the proposed Ordinance were suffi- cient to prove that it violated British law and Colonial legisla- tive power, which latter, harsh as it sometimes was, never deprived the Colonists of a privilege dear to every true Eng- lish heart—+trial by Jury. This was the very corner-stone of the Constitution, and when displaced, and the Courts, inferior or superior, placed under the control of the Executive, British liberty will have ceased to exist and the mother and mistress of empires will have reached the last stage of national senility. On the 7th February, under the order of the Home Govern- ment alluded to in September last year,} the Governor directed that such British soldiers as had been sentenced to transporta- tion be sent by the first convenient opportunity to the Cape of Good Hope there to undergo the punishment to which they had been sentenced, and on the same date tenders were called for * See anté Chap. vIl., p. 137. + Anté p. 210. See also Chap. x11. § 1, infra, where it is shown that the Cape Colo nists disapproved of transportation to their Colony. : DR. BOWRING APPOINTED BRITISIT CONSUL AT CANTON. 227 for passages for two Turopean convicts to the Cape an] fur nine Chap. XL Asiatics to Penang ang. ¥849; The Criminal Sessions opened on the 15th February, there February being seventeen cases set down for trial. None of them call for Sele : special report at this time. - Intimation now reached the Colony that Dr. Bowring, a.p. Dr. Bowring, for Bolton, whose name must now be familiar to the. reader oa in connexion with motions in Parliament having special re- Consul at ference to Hongkong or Chinese affairs, had been appointed ce gees British Consul at Canton in the place of Mr. McGregor who of Mr had left in March, 1848. As Dr. Bowring was well acquainted © Pesce with mercantile affairs and had always, in his place in Parlia- ment, taken great interest in Chinese affairs besides being the advocate of liberal measures, the news of his appointment was received with satisfaction. As a literary man, Dr. Bowring His previous held a high rank among what may be termed the useful °"** and practical writers of the day ;. his parliamentary career had been marked by much zeal for the. interests of his consti- tuents and the country at large, and by unceasing assiduity in the performance, of the responsible duties of a legislator. Like all other prominent public men, Dr. Bowring had his detractors, and his appointment was commented upon severely in a Home paper,.yclept The Journal of Commerce. It was true that he was not “versed” in the language of China, but where was the one, especially in those days, who could: be said to be really so in every sense ? Nor was he practically acquainted with the trade of the country, but although these were recommendations, they were by no means absolutely essential, at least until then they had not been thought. so,—as witness all the Consular appoint- ments. Dr. Bowring was announced to have already left Eng- land, and his arrival might be looked forward. to in Mareh. He would, therefore enter upon office at a time when a man of good.judgment. was especially required for the important and responsible appointment of British Consul at Canton.* * In the Parliamentary Companion for 1847, the following short biography appears in reference to Dr.. Bowring :— “Juln Bowring, LL.D., (Bolton), eldest son of Charles Bowring, Esq., of. Exeter, whose family was for many generations connected with the woollen trade of Devonshire, born 1792; married in 1816, Maria, daughter of Samuel Lewin, Esq., of Hackney. Has hono- rary diplomas from the Universities of Holland and Italy; is a Fellow of the Linnean Society of London and. Paris, of the Historical Institute-of the Scandinavian and Icelandic Socicties, of the Royal Institute of the Netherlands, of the Royal Societies of Hungary and Copenhagen, of the Frisian, Athenian, and various other Societies; was for many years editor of Uke Westminster Keview ; has published a number of works on foreign languages and literature, on politics and political economy, and translations from several languages. Dr. Bowring was employed by Earl Grey's Government, with ‘Sir Henry Parnell, in the investigation of public accounts, and served with Mr. Villiers as Commercial Commissioner in France, to arrange the basis of a treaty of commerce with that country. Has made several reports‘on free trade and public accountancy. Is a Radical Reformer. Unsuccess- fully contested Blackburn. in 1832 and 1835, but-in the latter year was returned for Kil- marnock ; had no seat in Parliament from 1837 till 181, since which date he has sat for Bolton.” 228 Chap. XI. 1849. Murder of Captain Da Costa, R.E., and of Lieutenant Dwyer, Ceylon Rifle Regiment, at Wong-ma- kok, They had had a champagne tiffin. The Chinese evidence as to the murder, Taking liberties, The Chinese outlaw and pirate Chui Apo. The officers hotly pressed and overpowered. HISTORY OF THE LAWS, ETC., OF HONGKONG. A party of four military officers consisting of Captain Da Costa of the Royal Engineers, Lieutenants Dwyer and Grant- ham, and Dr. Tweddle, of the Ceylon Rifle Regiment, set out from their quarters at Stanley about 4 o’clock in the afternoon of Sunday, the 25th February, on a stroll towards the village of ‘Wong-ma-kok, situate on the level of a small and high penin- sula which divides Tytam Bay from Stanley Bay on the southern side of the island, and distant about ten miles from Victoria. The party, after proceeding about half a mile towards this hamlet, separated, Captain Da Costa and Lieutenant Dwyer continuing their way to the village, where they met their death. As will hereafter be seen, it would appear that Captain Da Costa and Lieutenants Dwyer and Grantham had a champagne tiffin in the quarters of Dr. Tweddle. They met at two o'clock, and, after spending a couple of hours together, the party broke up for a walk, Captain Da Costa especially being in high spirits at the prospect of shortly going Home ; but, according to the evidence of the survivors, none of them were intoxicated, although the Chinese witnesses at the inquest upon the body of Captain Da Costa, probably judging by their frolicsomeness, asserted that both Captain Da Costa and Lieutenant Dwyer were drunk. According to the Chinese evidence adduced at the inquest, it would appear that the two officers had entered the village towards dusk “in a state of intoxication”; that they proceeded from house to house inquiring for women until they came to the house of an old man (the last house in the village); that when they entered, his wife and daughter-in-law were engaged in cooking; that “the shorter and stouter of the two” com- menced by taking liberties with the young girl, and that on being remonstrated with by the old man and his wife, the latter officer struck them both with his stick with such severity as to draw blood ; that upon this the old man rushed to the door of the house aud cried out to the neighbours—‘ Save our lives ! Save our lives! !”—upon which the villagers came and took hold of the officers by the hand to pull them out of the house, when the officers resisted and beat them also with their sticks. Upon this, a Chinese outlaw, named Chui Apo, a pirate by profession upon whose head the Chinese Government had for years set a large reward, with his men, rushed in armed with spears and attacked the officers in the house. The officers upon retreating were hotly pressed by Chui Apo and his spearsmen, overpower- ed, and struck down. After satisfying themselves that their victims had been sufficiently butchered, they slung the bodies upon bamboo poles, and, proceeding to the beach to a_ precipice called “ Bluff-head,” hurled them into the sea which washed its base, MURDER OF CAPTAIN DA COSTA AND LIEUT. DWYER. As Captain Da Costa and Lieutenant Dwyer had not re- turned. at three o’clock the next morning, Lieutenant Mac- Donald set out with an armed party in search of them, but discovered no trace of the missing officers. Information was immediately conveyed to the authorities. Messrs. May and Caldwell, of the Police, proceeded to Tytam to make inqui- ries, one hundred of the Ceylon Rifles scouring the island as well, and on the 27th February, H.M.S. Fury went round to Chuk-chu (Stanley ).* At noon on the 26th, no trace of the officers had been discovered, and the village of Wong-ma-kok was found deserted. The body of Captain Da Costa was found in the water on Tuesday eyening, the 27th. Six Chinese were appre- hended on suspicion, but they denied all knowledge of the murder. The rest of the sad tale is soon told. The parties appre- hended were kept separate from the time of their being brought to Victoria until they were produced at the inquest, and the old man whose head was broken, and who said “he did not run away because he had done nothing wrong,” and who followed Lieutenant MacDonald to the Barracks and thus became a pri- soner of his own accord, whilst the young girl who also came forward voluntarily on the last day of the inquest and who fled before the tragedy had taken place, could have had no communication with the other witnesses in the interim. Under the circumstances the painful fact is forced on one, that by the exercise of a little tact and prudence, the officers might have escaped with their lives if not unscathed, even after they bad annoyed the timid girl and struck her father and mother-in-law, -—their crowning act being to wrench the spear out of Chui Apo’s hand and break it in the attempt to strike a blow at him when he and others came to order and, if necessary, to force them out of the village. The Jury returned a verdict of wilful murder against Chui Apo and several other Chinese. Except Chui Apo, whose arrest was effected in Canton in February, 1851, and whose trial will be found reported in March of that year,f no trace was ever found of the others, though it was surmised for a time that they, as well as Chui Apo himself and his other associates, had perished in a conflict with one or more of Her Majesty’s ships engaged in attacking a pirate fleet under the command of Chui Apo. Those arrested on suspicion were discharged. The Government offered, by a first notification, a reward of £100 for the apprehension of any one or more of the parties guilty of the murder, and by a subsequent one £500, for the apprehension of * So named in 1845—see anté Chap, II. § 11, p. 79. t See Chap. XII. § 11., infra, 229 Chap. XI. 1849. Their bodies hurled into the sea, Action of the authorities, The Police ~ and military scour the island. HM.LS. Fury. Body of Captain Da Costa found. Arrests, The sad tale, The inquest, Verdict of the Jury. Wilful murder against ¢ Chui Apo and others, Suspects discharged. Government rewards, 230 Chap. XI. 1849, Body of Lieutenant Dwyer never recovered, Funeral of Captain Da Costa. Appoint-. ments of Justices of the Péace. Probable reason. Petty Sessions Ordinance No. 1 of 1849 passed by the Legislature. The Ordinance modified to mect public wishes. Calculated to be useful, Presence of Justices of the Peace provided for, HISTORY OF THE LAWS, ETC., OF HONGKONG. Chui Apo and $100 for the apprehension of each and every one of the others named in the verdict of the Coroner’s Jury. ‘The body of Lieutenant D:wyer was never recovered. The funeral of Captain Da Costa took place on Thursday afternoon, the Ist March, being attended by the Governor, the military and naval officers including those of the U. 8. Ship Preble, the Chief Justice, the American Consul, and a large number of the other inhabitants. Needless to say, that this sad affair was. the talk of Hongkong for a long while and caused. no end of a stir at the time. On the 27th February, the Government notified that a Com- mission of the Peace had been issued nominating fifteen of the leading residents of the Colony to be Magistrates and Justices of the Peace, in addition to those already in the Commission of the Peace. The names included the most influential in. the community, and doubtless this was done in anticipation of the passing of the new Ordinance extending the summary jurisdic- tion of the Police Court, but in reality encroaching upon the privileges of the Supreme Court on its criminal side. The Petty Sessions Ordinance No. 1 of 1849 for ‘the Estab- lishment of a Court of Petty Sessions with jurisdiction to deal with certain offences,” finally passed the Legislative Council on the 22nd February, and came into operation on the Ist March. The Ordinance had undergone several alterations greatly to its amelioration, for which much credit was due to the Governor. If the same course had been adopted with previous enactments there would have been but little ground for complaint of the want of representation in the Legislative Council, so long as the community had had the opportunity of stating their objections to measures in contemplation, and a desire had existed on the part of the Governor to consider and adopt amendments that were suggested in a fair spirit. Taken altogether, the Ordi- nance had not only been greatly improved, but was calculated to be very useful, provided the Justices acted, despite of little difficulties, in consideration of the general good that may be expected from a respectable portion of the community giving their time and attention to the administration of justice, and that without the assistance of a lawyer to advise with on points which it was no great disparagement to be imperfectly acquainted with. That a reformation was called for in the Police Court was very “generally admitted, and so far as the Ordinance pro- vided or appeared to provide for the presence of Justices of the Peace, it was good. But this concession had been coupled with a dangerous encroachment on the old established Courts of Law; THE COURT OF PETTY SESSIONS. Courts approved of by experience and usually respected by British Colonial legislators. The evil would counterbalance the regular attendance of Justices of the Peace even were they to be present daily, but provision was only made for their attendance one day in the week (the day the Petty Sessions was held) and then their presence was optional. It appeared, therefore, that the Police Magistrate’s Court remained unaltered. Five days in the week the Magistrate was to sit alone, having full power to dispose of all cases coming within the jurisdiction of the Police Court. On the 6th day, he sat as Judge of the Petty Sessions, and if any of the gentlemen whose names were on the Commission, chose to be present, well and good ; but if not, Mr. Hillier individually as Judge of Petty Sessions had been put in possession of certain duties properly devolving upon the Chief Justice anda Jury. The community, under the circum- stances, might well have viewed this new Ordinance calmly and have inquired in what the public had been benefited ? In the first place, the Police Court was left precisely as it was ; in the second, the Supreme Court. had been deprived of part of its natural rights ; and in the third, an irregular ‘little Court’ had been formed where Mr. Hillier occupied the seat of Chief Justice Hulme ! and where a Jury was represented by a Justice of the Peace, if one was present ; and if one was not present, Mr. Hillier was both Judge and Jury ! The Court was to be held once a week —in the draft two days had been named. A doubtful point was also cleared up—Jus- tices of the Peace had an equal voice with the Chief Magistrate in all proceedings before the new Court. Simultaneously with the publication of the Ordinance, ap- peared a notification, as stated before, intimating that fifteen gentlemen had been placed in the Commission of the Peace, in addition to those already in Commission. There was, there- fore, no dearth of Justices, and the only course now was, to wait patiently to see how the scheme would work. As will be seen hereafter, the Ordinance remained in force until the 22nd March, 1862, on the passing of Ordinance No. 6 of that year.* By a Rule of Court, which passed the Legislative Council on the 1st March, it was ordered that in addition to the sittings of the Supreme Court already established by Rule of Court of Easter Term, 1847, for the trial of civil causes and actions, there should in every year be sittings at Nisi Prius on the 10th day of July and following days, and on the 10th October and following days. . 231 Chap. XI. 1849, Police Court remained unaltered. Mr. Hillicr discharging duties devolving upon the Chief Justice and a Jury. More Justices of the Peace. No dearth of Justices, Ordinance No. 6 of 1862, Sittings at Nisi Prius, Some time since, a memorial was forwarded to the Governor Auction by the auctioneers of the Colony praying for the abolition of @“y * See Vol. 11., Chap. XXXVII. 232 Chap. XI. 1849, abolished. and licences granted, Land. Extension of terms of Crown Leases, First sitting of Court of Petty Sessions, Meeting of China Branch of Royal Asiatic Society in the Supreme Court. HISTORY OF THE LAWS, ETC., OF HONGKONG. the auction duty levied by section 9 of Ordinance No. 5 of 1845. The document was sent Home to Earl Grey, and an answer was now received leaving the matter entirely to the Governor. Accordingly, on the 1st March, it was notified that the duty heretofore levied would be abolished, and henceforth auction licences granted to applicants on an annual fee of £150, payable quarterly and in advance. : In accordance with Earl Grey's despatch of the 4th Decem- ber, 1848, alluded to in the preceding chapter,* it was noti- fied, on the 3rd March of the present year, that all Crown leases heretofore granted for a term of 75 years might be extended for a further term of 924 years. All tenants of the Crown who were desirous of availing themselves of the concession, on application at the Surveyor-General’s Office, received the directions necessary to enable them to obtain pro- longation of their respective leases in conformity with the above instructions, This was a measure which had frequently been advocated in the belief that it would tend to give Hongkong property an established and substantial value in the estimation of the Chinese, into whose hands a great portion of it would ultimately fall, the European inhabitants being considered mere birds of passage. The first sitting of the new Court of Petty Sessions under the new Ordinance, previously commented upon, was held on Monday, the 5th March. The attendance of Justices was very large, there being present at one time, besides the Chief Magis- trate, Mr. Archibald Campbell, Mr. Rickett, Mr. Braine, Mr. Jones, Mr. Scott, and Mr. Carter. Messrs. Mackean and Lyall also appeared, but as the Bench was full they went away without taking their seats. The cases, except one in which twelve Chinese, belonging to the Triad Secret Society, were charged with assembling for unlawful purposes, were mostly trumpery and occupied the Court till past six o’clock in the evening. Several of the Justices, however, had left before that time, Messrs. Archibald Campbell, Rickett, and Carter only remaining at the close of the proceedings. The rotation aecording to which the Justices of the Peace were expected to attend the Petty Sessions held every Monday, at 11 o'clock, was published shortly aftér the promulgation of the Ordinance, the list being prepared from April to December inclusive. . At a general meeting of the China Branch of the Royal Asiatic Society, held on Tuesday evening, the 6th March, the postponed election of office-bearers for the current year took place, when a list was unanimously approved of. The treasurer, Mr. C. J. F. Stuart, reported that the Governor had been asked * Anté p. 205, BILL TO EXTEND SUMMARY JURISDICTION OF SUPREME COURT. 233 that: accommodation might be granted for the Society on the Chep. XI. street floor of the Supreme Court House, now used as a church — ygio (pending the opening of St. John's Cathedral); and had great Ground’ pleasure in stating that after consulting Mr. Hulme, the Chief eeneae Justice, a large room, at present used as a vestry, had been set Court also apart for the Society. The Secretary was instructed to express ie to His Excellency the cordial thanks of the Society for so Room used essential a favour, and it was resolved to remove into the new et ogre premises as soon as they were vacated by the church, which © the . Society. was expected to be hefore the next general meeting. : On the 14th March, the Governor directed that the draft of a Draft of proposed Ordinance to amend Ordinance No. 9 of 1845, entitled Ordinance F ee ie : An Ordinance to invest the Supreme Court of Hongkong with Ordinance a Summary Jurisdiction in certain cases,” should be published for No? * general information. At the recent public meeting to consider relating to colonial grievances, a proposal had been made, it will be remem- Pepymaar bered, to petition for the extension of the Summary Jurisdiction: of the ” of the Supreme Court from $100 to $500, but the objections Court. appeared so strong that the proposal was rejected by a con- Published. siderable majority, the mover himself declining to proceed with. it.* It was understood’ that the suggestion was then made for the purpose of ascertaining public opinion on the subject ; and having been so unequivocally expressed, the proposal might very fairly have been considered as shelved. Nevertheless, within’ two months, it ‘again appeared before the public in the more formidable shape of a Draft Ordinance which in its main provisions would shortly become law. The chief objection to Chief the extension of Summary Jurisdiction in either the Supreme o?is¢tion or the Magistrate’s Court apparently lay in the danger which, it extension of was considered, would exist in absolute power being conferred jay, upon such men as may be and had been heretofore called upon to exercise it. The career of a former occupant of the Bench, mr. camp- Mr. Campbell, was still so impressed upon the community, that bell still any proposed measure in connexion with the higher administra- public mind, tion of the law never failed to throw suspicion upon the intentions of the Government, composed as was then the so- called Legislative Council, and to impress the community with a nervous dread of leaving its jurisdiction without check, even where no better could be found than attorneys and the common run of juries; and as regards the Magistrates, their unfitness and too ready deference to their superiors, that they could not be ‘safely entrusted with more extensive powers. If. the community could have had the assurance of able, up- right, active, and independent men to dispense the laws, there would have been less to apprehend from the total * Anté p. 222, 234 Chap. XI. 1849, Mr. Hawes, M.P., on the average disallowance of Colonial Acts, Elected legislatures and elements of represen- tation. Materials for popular representa- tion. Different condition of affairs in Hongkong. The objec- tions to the extension of the Summary Jurisdiction of the Court. Sir John Davis and Mr. Camp- bell in view still, HISTORY OF THE LAWS, ETC., OF HONGKONG... abrogation of the existing judicial establishments, with all their lumbering and expensive machinery, than in such cur- tailments as were now contemplated. But. reform should: have begun at the other end if intended to reach it at all, and, until it did so, a jealous watch had to be kept on every attempt to remove such restraints on absolute power as existed. A member of Parliament, Mr. Hawes, had stated in the House of Commons recently, that for ten months the average of Colonial Acts disallowed was one in ten, and no one could have questioned the correctness of his statement. This, however, included Canada and all the first class Colonies with elective legislatures and the elements of representation in large and diversified populations. Canada, Australia, Jamaica and other Colonial possessions had a landed ‘aristocracy,’ a commercial ‘ aristo- cracy,’ a legal ‘ aristocracy” and “other aristocracies,”’ not to speak of an abundant supply of radical reformers in all ranks of life. “With such materials for popular representation, public matters could with great safety be left to an elective legislature ; but widely different was the condition of affairs in Hongkong, and it was with extreme anxiety that the community viewed the Ordinances which were rapidly. wheeled through the Council Chamber. Admitting then that it was desirable to extend the Summary Jurisdiction of the Court, it was still objected that the extraordinary powers granted to the Judge might be the means of introducing a system of great. intolerance, but evidently the community had stillin view the man who as a puppet of the Government had been turned into a vicious tool of the Execu- tive, and at this distance of time even one may well. realize how well founded their fears were. But even then Judges were not appointed durante bene placito, as the prompt and splendid victory of Chief Justice Hulme over Sir John Davis so clearly proved—‘‘ the evil that men do lives after them’’— and this it was that had got imbedded into the people’s.mind- here. Twelve months ago, it was argued, Sir John Davis was Gov- ernor, and Mr. Charles Molloy Campbell, acting Chief Justice. Had a law such as was now proposed then existed, the greatest’ iniquities would have been perpetrated in the name of Justice. It was true that without a jury judgments must have been limited to five hundred dollars, but they would have been repeated until the aggregate was considerable. Mr. Campbell had done one paper, says a report, “the honour of threatening thirteen prosecutions for thirteen alleged libels.” “ Had he been even a very little of a lawyer,” continued the report, ‘he would have known that only one libel ever appeared: in the columns of the paper so often threatened, and its truth was so notorious, it was so damnatory of Sir John Davis’ reputation as ATTORNEYS AND INTERPRETATION IN THE SUPREME COURT. aman of honour, that even he did not dare to drag it into the noon-day light of the Supreme Court and have it scrutinized and weighed by a jury of his countrymen. He allowed it to canker on his jaundiced mind, seeking relief for the burden of hatred and malice which oppressed him, by carrying the war- fare into private life, maligning a person whom he had not dared to meet before a fitting tribunal. But enough of a pair whose names were now introduced by the subject under con- sideration, but who had passed away like a hideous dream, that even their whilome parasites were willing to leave them in an obscurity from which one would not needlessly take the trouble of dragging them.” For historical purposes this quotation will be deemed sufficient. Nous avons changé tout cela. Section 5.of the Draft Ordinance gave the power to either party toemploy ‘any friend or agent” to conduct his suit. This provi- sion had been, doubtless, introduced with the view, if possible, of superseding the attorneys of the Court, leaving it nevertheless optional to employ them under the restriction that should the Court consider that their assistance was not necessary, their costs would be disallowed.. Taken in connexion with the grievances regarding attorneys which was mooted at the public meeting at the commencement of the year, no doubt some would have had it believed that the machinery of the Supreme Court could be worked, especially in those days, without the aid of attorneys, but with a community of whom eight-tenths could not and one-tenth would not.conduct their own causes, attorneys, it is to be feared, are necessary evils. It is true, however, that rules of practice and procedure have now-a- days been enormously simplified and that with perhaps the introduction of English rules into the Colony, the necessity for the employment of attorneys in cases, on the summary side of the Court at all events, might be dispensed with to a great extent, especially with the aid of an efficient staff of officials in the Registry who could and would render assistance to parties of every class, but which at the time under consideration apparently did not exist. There was no permanent interpreter attached to the Court, another subject, it will be recollected, mooted at the adjourned public meeting in January last.* A Chinese suitor then, could not and, in fact, was not allowed to take a single step ina civil suit without an interpreter, though the Court offieers could have had no difficulty in giving directions as to most of the common preliminary forms, but apparently, from the complaints made, they did not consider it their duty, and this was another wheel * Ante p. 223. 235 Chap. XI. 1849, Section 5 of the Draft Ordinance. Power to em- ploy ‘friend or agent’ to conduct a suit. The Attorneys. Attorneys necessary evils, Rules of practice and procedure simplified. Effect of, possible reforms, No perma- nent interpreter attached to the Court. The evils of such a system, 236 Chap.: XI. 1849. Arrival of Dr. Bowring, Her Majesty's Consul at Canton. Notification of his assumption of duty. Mr. Mercer appointed to. a seat on the Legislative Council, Accommoda- tion in the Police Court, The reporters and acoustic arrange- ments, HISTORY OF THE LAWS, ETC., OF HONGKONG igs in the judicial machine which required being put.in order, Dr. Bowring, announced in February last, arrived in Hong: kong on the 19th March, by the P. & O. Steamer Achilles. He thus entered upon the duties of the Consulate at a critical time, but he was a man of experience, judgment, and mode- ration which, combined with firmness, were essentials in dealing with the Chinese. Contrary to expectation, however, he did not leave immediately for the scenes cf his new life, ‘but remained in Hongkong for’ three weeks, probably studying and making himself acquainted with the various and impoi tant duties he was now called upon to discharge. He proceeded to Canton in H. M. §. Afedea’on the 12th: April, to assume charge of the Consulate. Of course, it was quite right’ that nothing should be wanting which was calculated to secure respect to Her Majesty’s representative, but it was feared that the’ moral effect of a man-of-war upon the Chinese had been impaired’ by recent events. ‘he learned gentleman, however, had the satis: faction of finding matters not quite so bad as they had’ been represented, for the commercial guilds, feeling assured from Governor Bonham’s notification published a few days before Dr. Bowring left, that there was no immediate danger of hostili- ties, had resolved to resume trade, and on the 16th April the Government notified that Dr. Bowring had assumed on the 13th, the position to which Her Majesty the Queen had been graciously pleased to appoint him. On the 21st March, the appointment of Mr. Mercer, the Treasurer, to a seat in the Legislative Council was duly gazet- ted. It will be recollected that, on the suspension of Chief Justice Hulme, Mr. Mercer was given his seat in the Legislature* and not Mr. Campbell, and that, on the reinstatement of the Chief Justice, Mr. Mercer had to make way for him. Complaints were now heard as to the want of proper accommo- dation in the Police Court, there being no accommodation atall for the reporters. Apart from this, the acoustic arrangements were so bad that it was said “even close to the rails which hedged in Justice,” it was impossible to hear distinctly, in consequence of which the Chief Magistrate was asked not to be alarmed at the presence of a reporter in his Court, of which, it is said, he went in dread, for, owing to the great height of the room in propor- tion to its length and breadth, all sound was lost. It was sug- gested that “a canopy be raised above the Bench, by which magisterial wisdom would be brought within range of the auri- cular organs of those who preferred an humble stool on the floor to an exalted seat above an open sky-light.” Unless it was the * See anté Chap. VIII § 1, p. 170, t Anté Chap. x., p. 199. SUMMARY: JURISDICTION OF THE SUPREME. COURT EXTENDED, object of the Government to exclude the public from the Police Court altogether, it was suggested that the Court should be removed to another locality. Apart from its inconvenient situation, the Court was quite unfit fora public room from its construction. Sir John Davis had purchased a huge stock of a. building: ;ostensibly for the ‘Supreme Court; more than one-half of:it was unoccupied by that Court.* For a moiety of the purchase money. a suitable Court House could have been built, and some £200 a year ‘ground rent saved to the public purse. However, if Sir John Davis had made a curious bargain, it was no reason why the most should not have been made of it, and, as a suitable Police Court was really required, the dear, purchase might have been turned to: some account. The Supreme Court occupied the upper part of the~ build- ing ;.on the lower floor there were half a dozen fine apart- ments, each fit for a Police Court. One was occupied by the “ Asiatic Society” who, it will be remembered, had, at a, meeting held on the 6th March, stated: that they had been granted one of the rooms ; two were occupied as a dwelling-house by one of the bailiffs ; one by the coolies at- tached to the Court, and three by the schoolmaster. Such a building was never intended for such a purpose, and it was therefore hoped that,it would be made available for a Police Court, where.people could hear what was said, and especially “not have.to run. the risk of a brain fever by toiling up to it under a tropical sun.”? The Police Court, however, was never moved. from its site, notwithstanding the frequent and just re- presentations made as to its unsuitableness, more especially by the deputation of Justices of the Peace to the Governor as here- inafter referred to, but remained where it still is, in Wyndham Street. At the April Sessions of the Court, held on the 16th April, one Hon Arkeun, convicted of burglary and stabbing, was sen- tenced to death, but, by proclamation of 3rd May, the sentence was commuted to transportation for ten years. «The Ordinance No, 8 of 1849, to extend the Summary Juris- diction of the Supreme Court, which formed the subject of so _™ See the speech of acting Chicf Justice Snowden, in the Legislative Council on the 13th-June, 1881, upon the subject of the present Supreme Court House, in which he said, inter alia,that .“ Sir Thomas.Wade had told him that the building was originally intended for commercial rooms, and that aftcr some time, either the interest in the com- mercial rooths dicd out or it was not found suitable, and’ the’ Government took over the building for the purpose.”’—See Vol. 11, of this work, Chap. LXxIII, Further. references as to the Supreme Court House will be found anté Chap. VIII. § 11. p. 183, and Chap. XVIL., txfrie; and'in'Vol. 11., Chap. XxXv. (where the thanks of the newly-created Cham- ber of Commerce are conveyed to the Governor :and the Chief Justice for placing a room in the Court House at’ the disposal of the Chamber) ; Chap. XXXVI., XXXVIII., XXXIX., XLY., LIL, LXXXIIL, LXXXVI, and LXXXIX, a 237 Chap. XI. 1849, Inconvenient situation of the Police Court, The Supreme Court . Building and its utilization as a Police. Court as well, The ground - floor considered fit for a Police Court. The ground floor of the Supreme Court, how utilized then, Police Court was never removed from its site. April Criminal Sessions. One sentence of ‘death commuted, Ordinance No. 3 of 1849, to 238 Chap, XI. 1849. extend the Summary Jurisdiction of the Supreme Court, is . passed. Governor's regard for public opinion. Obnoxious partreferring to actions for damages repealed. Actions for libel, slander, and assault left to the Jury. Constitu- tional protection, Simple questions of debt. Ordinance an acquisition. Governor Bonham, « good common lawyer. Odium at- taching to unconstitu- tional legislation. Moderate schedule of Attorneys’ fees. Necessity for attorneys. A lawyer’s education. HISTORY OF THE LAWS, ETC., OF HONGKONG. much comment when the draft of it was first published, passed the Legislative Council on the 19th April, and was ordered to come into operation on the Ist May. It was only neces- sary to refer to one important amendment and to express satis- faction at the Governor’s regard for public opinion in repealing that obnoxious part of the Odtaanies which referred to actions for damages. These were, as formerly, left to a jury, the only constitutional way of dealing with such cases. The following clause had been added to the second section :— “ And that the said Court shall not have cognizance under this Ordinance in any case of libel, or slander, or assault, or assault and battery.” All such actions were therefore to be tried by a jury and not left to the decision of the Judge alone,—a provision the necessity for which had become every day more evident. Here a consti- tutional protection had been most properly retained; and in its departures from usage in other respects, it was hoped the Ordinance would be found to work better than was anticipated, especially as regards Chinese suitors. In simple questions of debt, the Ordinance was an acquisition at least to the poorer class of suitors. The expenses in the Supreme Court had, it was known, deterred people from suing and defending suits where the sums in dispute had ranged from one to five hundred dollars. Law was always uncertain, and prudent men had abandoned reasonable claims rather than incur the certain ex- pense of an uncertain verdict. It was hoped that the fears expressed of further innovations upon the Courts of Justice would prove groundless. Governor Bonham had the reputation of being a good com: mon lawyer, and his attainments were not questioned, but for his own comfort he was asked to avoid seeking precedents for colonial laws in the territories of the East India Company, where he had previously served. The odium which attached to uncon- stitutional legislation would rest entirely upon the Governor. A schedule of fees accompanied the new Ordinance, and certainly the attorney’s fees appeared moderate. Whatever the complaints about attorneys, especially at this time, it is certain that they could not be dispensed with, and, with that- fact borne in mind, to get respectable men, there must be some greater inducement than a mere pittance. A lawyer receives an expensive education, generally many years of manhood are assed in qualifying him for his profession, and no one with a knowledge of affairs could appreciate the feeling which. would pare down his remuneration until he could not possibly support a respectable appearance. EARL GREY’S REPLY TO MR. TARRANT’S MEMORIAL. 239 It is true that attorrieys have opportunities of “ painting” Chap. XL their bills of costs, but then the pen of the taxing officer is yg, also ever ready to draw harsh lines which destroy the breadth Attorneys’ and length of the picture, much to the annoyance of the artist, fume” and the great relief of the client’s cash box, which is not always Officer. over-burdened after litigation. It had not been suggested that the attorneys in Hongkong were fond of the brush, but only the check upon such amusements was pointed out, and if people paid a decorated bill of costs, of course they had but themselves to blame. At a Sessions of the Vice-Admiralty Court held on the 25th April April, the Chief Justice presided, Captain Keppel, of the Maan- ison der, and Mr. Hillier being also present. The calendar was a miralty short one and consisted of the usual cases of robbery and piracy. ae Piracies had been very rife again for some time—three Eng- Bier tn lishmen and one American being murdered on board an English ing waters. cutter in the Canton river some short time back, whilst a China cargo boat was boarded and carried off by pirates in the harbour of Hongkong, and within range of the men-of-war. The neighbour- ing waters swarmed with pirates, and yet nothing but an occa- sional and desultory movement was taken to suppress them. On the 30th April, H.M.S. /nflexible surprised and captured Capture of : : . pirates by forty-five pirates at the Great Lema off Tinqua, several of whom H.™Ms. had taken part in the piracy of a vessel and the murder of the 7"/7#e. greater part of the crew, off the Nine Islands on the 19th April. They were brought in and underwent an examination before the Magistrate, nine ofthem being eventually committed fortrial. The Nix | aj rest were. discharged, it having been found that most of these for trial. last, so far from belonging to the gang, were prisoners in the hands of the pirates at the time they were surprised by the Inflezible. Mr. William Tarrant, whose case has already been referred Bar Grey's to before, now received an answer to his memorial to Earl Grey.* Tce Sixteen months had now elapsed since he was virtually declared Poor innocent by the abandonment of an uncalled-for prosecution, and fon?" nearly two years since he was suspended from duty.f During that long term he had been out of employment, with a wife and family to support. On application to the late Governor, he was Pretest for told that, on the score of economy, the office of Registrar of Deeds, sryins "4 which he held at the time of his suspension, had been joined to that of Book-keeper ; but as Mr. Tarrant was the oldest servant in the Department, he was surely entitled to the joint appoint- Prediction ment in preference toa comparative stranger. It had been predict- }¢ ae ed locally, before Mr. Tarrant’s suspension, that for being ‘‘ more of for * Anté Chap. VIII. § L, p. 170. + See Chap. vIi., p. 143, 240. Chap. XI, 1849, being ‘ more honest than politic.’ His case, Secretary of State's decision, The back pay allowed him, Acknow- ledgment of injustice, Public indignation, Opinion as to the Governors of the Colonies, HISTORY OF THE LAWS, ETC., OF HONGKONG. honest than politic” he would “ probably enough be rewarded by the loss of his office or by having such indignities: or hard- ship heaped upon him as would compel him to resign.” The prediction had been but too well verified: by ‘the result, Mr. Tarrant having been’ victimized with cool deliberation.. The charge of conspiracy, it was believed, was got up as an apology for suspension from duty; the appointment was joined to another as an apology for refusing to reinstate him ; and the claims of six years’ service were set at nought, and a faithful ser- vant cast aside because, as was stated, he was “more honest than politic.” It will be remembered that it was after the prosecution had been abandoned at the Criminal Sessions in December, 1847, that Mr. Tarrant laid his case before Harl Grey. In ‘the multi- plicity of business in the Colonial Office urgently pressing upon the officials there, it was not until the April mail of this year that Mr. Tarrant gota reply. TheSecretary of State ruled that. Mr. Tarrant should receive his pay from the date of his suspension, until his office was combined with another—in all about two months. After a vexatious delay of nearly a year and a half, this was but miserable redress in a pecuniary light ; but as’ an acknowledgment of the injustice with which he had been treated, it was satisfactory. Severe, but well deserved, were now the comments passed upon the responsible authorities for the shabby. treatment meted out to this man. The suspicious element, throughout this matter was the disappearance of Major, Caine’s compradore,* showing the evident guilt of the lattert and there- fore that Mr. Tarrant was at least right in his surmise that he had practised extortion while using his master’s name as a cloak. “ Mr, Tarrant,” says a local exponent of public opinion of the time, “‘ was not the first person who had_ been victimized, for having had the courage to expose corruption in the Colonies, and there was a possibility of this very case being brought for- ward in illustration of the abuse of power exhibited in the every- day actions of the Governors of our dependencies. _ Men barely fitted for the duties of a Police Magistrate, whom nobody ever- heard of in England, flutter for a few years in obscure nooks in all the counterfeit dignity of * Your Excellency’ ; their vanity is ministered to by the most contemptible of all parasites, and for- getting that they do represent Royalty, that it is the Royalty of England and not of Russia, they are, so far as they may (though fortunately there are legal boundaries which they can- not cross) the veriest little despots in existence. Far be it from. us to assert that all or even the bulk of Governors are such: as we describe, but Mr. Tarrant’s treatment is sufficient proof that * Anté Chap. VIT., pp. 144,150. See also the end of this chapter, where Mr, Tarrant ‘ asks that steps be taken consequent upon the return of Major Caine’s compradore to the Colony. Nien 2 + “He who flees judgment confesses his guilt.”—-Co, 3 Inst, 14, CONVICTION AND EXECUTION OF PIRATES. we have had one’such worthless creature in this Colony.* The very combining of the office of Registrar of Deeds with another was an act of low cunning more befitting a Yankee Pedler than an English gentleman. The duties of Registrar are still per- formed and must be performed as‘long as this is a Colony, though by a person now designated Bookkeeper! The charge was brought about to insure Mr. Tarrant’s ruin, —had the office not been nominally abolished, he would now have been rein- stated and received his full arrears of pay.” As will be seen hereafter, not until September, 1859, when the matter will be found fully noticed, were Mr. Tarrant’s case and his grievances fully investigated consequent upon an action for libel brought against him by Major (then Colonel) Caine, and when Mr. Campbell’s report upon his investigations of the charges brought against Major Caine’s compradore, and hereto- fore suppressed, was made public. On Saturday, the 26th May, a Sessions of the Court of Admi- ralty was held for the trial of the pirates captured by H.M.S. Inflexible. The Commissioners present were the Chief Justice, Major-General Staveley, and Captain Keppel, r.x. A Special Jury having been empanelled, the Chief Justice addressed them shortly, and after retiring, they returned with a true bill against the prisoners. Seven prisoners were placed in the dock, and the Court then proceeded with the examination of the witnesses. After the evidence against the prisoners had closed, one was discharged, there being no evidence against him. The Jury, without retiring, returned a verdict of guilty against the six others. The Chief Justice, having consulted with the Com- missioners, remarked that the atrocious crime of which the pri- soners had been found guilty upon the clearest evidence was of such common, he might say daily, occurrence, that the Court was determined to do its duty in attempting to put a stop to it by the infliction of the most severe punishment upon the per- petrators. He then proceeded to pass sentence of death upon the prisoners, adding that he could hold out to them no hope of mercy in this world. After their sentence, the prisoners made repeited attempts to strangle themselves in gaol, and the au- thorities were under the necessity of depriving them of their tails to prevent them from carrying their purpose into effect. On Thursday morning, the 7th June, the six pirates were exe- cuted at West Point. As there was barely room on the scaf- * The writer evidently forgot. in this case that Major Caine was the moving and inte- Tested spirit, and that Sit John Davis must have acted upon his advice apart from that of Mr. Campbell, as was statcd at the time of the withdrawal of the prosecution.—J. W. N. K. + See Chap. xx1x, infra, : 241 Chap. XI, 1849, Mr. Tar- rant’s case fully investigated in Major Caine’s action for libel against him. May Sessions of the Admiralty Court. Six pirates captured by H.M.S. | Inflexible seutenced to death. They attempt suicide in gaol, Their ‘tails’ are cut off, Dreadful execution. 242 ‘Chap. XI. 1849, An American executioner, Complaints against Marine Magistrate, Port a bad name among shipmasters, Mr. Pedder’s threefold duties. Government - reform asked for, No improvement yet visible in the administra- tion of justice in the Inferior Courts. Fresh list of Justices of the Peace. HISTORY OF THE LAWS, ETC.; OF HONGKONG. fold for three, the others were taken to the back of the naval stores and kept there till their comrades were cut down, by which time one fainted, and it was necessary to carry him up to the hill to the gallows and support him upon it till the bolt was drawn. During their imprisonment they had been regularly visited by the Catholic clergy, zealous in the labour of conver- sion, and they died nominal Christians, and with one exception as stated above, the criminals showed great firmness on the scaffold. The duty of executioner was entrusted to an American whose brother had been killed by pirates some years before. Complaints about the Marine Magistracy were now formu- lated. It was alleged that while the most frivolous complaints were listened to, if brought forward by the crew against the masters, masters could obtain no redress when they complained of riotous and disorderly seamen. The masters were fined heavily on all occasions, either for breaches of the harbour regulations or under the Merchant Shipping Act ; but they were not protected from the outrages of the men, and consequently discipline was relax- ed and the port had obtained a bad name among shipmasters. Mr. Pedder acted in a threefold capacity. First,—he was a surveyor of shipping ; second,-—Harbour Master : it being his duty as such to prosecute under the harbour regulations ; and third,—he was Marine Magistrate, and as such sat as a Judge, where in his second capacity he was often himself the prosecu- tor. Any arrangement more objectionable, it was contended, could not well be imagined. No charges were preferred against Mr. Pedder particulariy, but the system was considered vicious, though to this day it has undergone but few, if any, changes at all; it was for Government to satisfy itself where reform could be applied, the whole mercantile community were concerned, and it rested with the Government to do what was needful, When Sir John Davis was got rid of, people were sanguine of important changes. As a member of society Mr. Bonham was vastly superior to his predecessor, and there was consequently a decided improvement in the social system ; but when this had been said, that was nearly all that could be said, for no im- provement or real change was yet visible in the administration of justice in the Inferior Courts. rampant in Hongkong contracted by the men when on shore—Sce further on this subjcet, Chap, XIx., infra. 342 Ch, XIV § IL 1854. Adiniral © Seymour as successor to Admiral Sterling. Death of Lieutenant Pedder, the Marine Magistrate. Captain T. V. Wat- kins, R.N., replaces Lieutenant Pedder. All marine cases, except hinese, entertained by Marine Magistrate, HISTORY OF THE LAWS, ETC., OF HONGKONG. flag to the Winchester. He, however, did not remain long on the station, leaving for England in J annary, 1856,* Rear- Admiral Sir Michael Seymour, his successor, arriving in Hongkong in May following. a On the 16th March, Lieutenant Pedder, RN. the Harbour Master and Marine Magistrate, died at Ryde, in the Isle of Wight, whilst on leay ef. He was succeeded by Captain Thomas Vernon Watkins, r.N., who assumed. duties in the Colony on the 8th August, 1854. The notification regarding his appoint- ment stated also that “all marine cases, save those connected with Chinese, would, in future, be entertained by the Marine Magistrate.” By Lieutenant Pedder’s death, the Government was deprived of the services of one of its oldest and most experienced officers. As will be recollected, he first joined the service in July, 1841, a few months after the cession of Hongkong { * “Death. On the 22nd April, 1865, at Woodbridge, Guildford, Admiral James Ster- ling, Knt., (formerly in China) in his 75th year.’ Press Notice. F See ante p. 338. {t See Introduction, anté p. 9. 343 CHAPTER XV. 1854. Chief Justice Hulme leaves for England on sick leave.—Departure of Major-General Jervois and (Captain Maclean, R.A.—Valedictory sddresses to the Chief Justice before his departure by the community and the legal profession.—Supplementary address to the Chief Justice.—Mr. Sterling, acting Chief Justice.—Mr. Bridges, acting Attorney- General.—Chinese interpretation.—Professor of Chinese at King’s College, London.— Encouragement held out by Foreign Office to students.—System hitherto in force.-- Assistants in the Superintendency or Consulates.—The scheme of the Foreign Office. School of interpreters.—Precursor to Colonial system of student interpreters.—Mr. Sum- mers, of Macao celebrity, as Chinese professor.—The Attorney-General on penalties at- tached to lottery advertisements—Act 6 and 7 William IV. c. 66.—Free pardons on Queen’s Birthday. Declaration of war against Russia.—Superintendency of Trade removed to Shanghai.i—New Justices of the Peace.—Mr. Hillier, a member of the Executive Council.—Auxiliary Police Force.—Additional rate raised for payment of the Force.—Auxiliary Force disbanded. ~June Criminal Sessions. Chun A Yee, 3 transported convict, found at large in the Colony.—The sentence. Regina v. Chun Chuen Tai and his wife, Chun Cheong She, for murder of Mr. Perkins, an American.—The facts,—Sentence of death.—The woman quick with child.—Sentence of death on the woman commuted.— Chan Chuen Tai executed.—Disgraceful execution.— Chun Chuen Tai’s attempt to bribe the turnkey before his execution.—His offer reduced to writing —The woman Chun Cheong She is afterwards pardoned.—Tenders for passage of Chinese convicts to Singapore —Return of the Assistant Magistrate, Mr. W. H. Mitchell, after his divorce.— July Criminal Ses- sions. Nearly a maiden assize.—Death of I. C. Kingsmill after murdering his wife.—- Admission of Mr. Cooper Turner as an attorney of the Court. His previous record.—Ilis card.— Mr. T. Wace appointed interpreter of Chinese Customs, Shanghai.-—The case of the Reverend William Baxter appointed Colonial Chaplain of Hongkong.—How he was appointed.—A matter calling for explanation.--Mr. Melville Portal, M.P., moves Parlia- ment.--The complaint of the inhabitants of Fyfield.—The discussion in Parliament.—The Bishop of Victoria refuses to license Mr. Baxter.—Mr. Baxter called upon to resign.— Reverend M, C. Odell officiates.—Mr. Baxter leaves for Australia.—Reverend J. J. Irwin, Colonial Chaplain.—Return from leave of Mr. Trotter, Chief Justice’s Clerk.—Mr. Bevan. -~Sir John Davis made a K. C. B.— Local regret at the (Chief Justice receiving no honorary distinction.— Passage to Western Australia for European convicts.— Return of Sir John Bowring to Hongkong. - Extension of leave to Mr. Cay, Registrar.—Sir John Bowring leaves for the north with Mr. Hillier and Mr. G@. W. Caine, a son of Colonel Caine.— Mr. Gaskell asks for sanction for the promotion of a law society.— Mr. Sterling's encomium on law societies—Entered on the records of the Court.—The Law Society’ started.— Rule of Court regulating Criminal Sessions and relating to Fees of Court.—Chinese convicts to Penang.—Mr. Masson, acting Registrar, vice Alexander on leave.—Year 1854 important in local cvents.—Change in the administration of Govern- ment, the Lieutenant-Governor assuming control of local affairs.— Ordinances during the year bear Colonel Caine’s name.—Ordinance No. 3 of 1854 declaring certain acts of Parliament in force in the Colony.—Ordinance No. £ of 1854.—Ordinance No. 5 of 1854. Paar a 2 Ordinance No. 6 of 1854. Chap. XV. THe Chief Justice, who had been in failing health for some gyiee gustice time since his return from leave in February last year,* left for Hulme, : : , : eaves for England on sick leave on the 12th April, with Major-General gnoiand on Jervois and Captain Maclean, r.a., the General’s Secretary,f sick leave. Departure as fellow-passengers. of Major- , General i , i ; nti Jervois and Before his departure, the leading European mercantile firms ane and residents of the Colony, as well as the members of the legal Maclean, 4. * See anté Chap. XIv. § L, p. 331, t Sce ante Chap. x11. § I1., pp. 300, 301. 344 Chap. XV. 1854. Valedictory addresses to the Chief Justice before his departure by the community and the legal profession. HISTORY OF THE LAWS, ETC., OF HONGKONG. profession presented His Lordship with the following addresses, showing the estimation in which he was held :— Hongkong, 7th April, 1854. To the Honourable Joun Water Hume, Esquire, Chief Justice, Supreme Court. Sir,—The period of your intended departure for England being so near, the undersigned, residents of this Colony, beg hereby to express the high respect they entertain for you in that elevated and most important official station which you have so long and so ably occupied here. The satisfactory administration of the law in this place is infinitely more difficult than may be imagined by those who have not had an opportunity of witnessing the proceedings in Court. Perplexity is too often experienced from conflicting testimony on the part of Chinese witnesses, as well as from im- perfect interpretation. Many of us, from the first establishment of the Supreme Court in the Co- lony, have been in frequent attendance as Jurors, witnesses, or spectators ; and all of us have had ample means of observing your patient, persevering mode of eliciting truthful testimony, your undeviating impartiality and up- rightness, and your fair summing up of the evidence, leading to what is so generally deemed a just verdict. Having thus testified to your high character on the Bench, we trust that you will here permit us to add the expression of our great esteem for you as a private gentleman, now one of the oldest residents amongst us. Earnestly wishing for the carly and complete restoration of your health, and that you may enjoy every happiness, We respectfully remain, Sir, Your most obedient, humble Servants, Jardine, Matheson & Co. William Meufing. Dent & Co. R. C. Antrobus. Gibb, Livingston & Co. W. H. Mourilyan. John Burd & Co. Rob. S. Walker. Lindsay & Co. Robert B. Sherard. For the P. § O. Steam Nav. Co. Edw. Cohen. Robert S. Walker, Superintendent. N. Duns. Phillips, Moore & Co. Geo. E. Maclean. Lyall, Still & Co. Geo. W. F. Norris. Fletcher & Co. G. Harper. Turner & Co. H. A. Ince, Smith & Brimelow. T. C. Leslie. Lane, Crawford & Co. Francis Chomley. Bowra & Co. Edw. Reimers. D. Lapraik. C.F. Still. Per Oriental Bank Corporation Robert Taylor. P. Campbell, William Hollmann. MacEwen & Co. A. Fletcher. David Jardine, w.1.c. Arch. Campbell. A. C. Maclean, Y. J. Murrow. J.C. Bowring. W. Walkinshaw. M. A. Macleod. Phineas Ryrie. J. Goddard, James Smith. Edw. Pereira.. J. W. Brimelow. J. B. Compton. T. A. Lane. Wilkinson Dent. W. Emeny. J. F. Edger, m.i.c. Robert Strachan. Fred. H. Block. ADDRESSES TO C. J. HULME ON PROCEEDING ON LEAVE. 34 2 The following was the address from the members of the legal chap. Xv. profession :-— Hongkong, 11th April, 1854. Sir,—It is the common wish of all the members of the profession who have the honour of practising under Your Lordship, to express regret at your approaching temporary absence. It has been to all of us most gratifying to see, as the head of our mutual profession in this Colony, a Magistrate, who, deeply versed in its most subtle technicalities, has yet shown to us that such skill can be combined with an enlarged and vigorous understanding. In Your Lordship, we have also founda most patient and painstaking Judge; and, by the mixture of dignity and urbanity which you have invariably shown, you have maintained in your Court that decorum which is one of the distin- guished features of the tribunals of our mother country. We have ever found Your Lordship impartial in your decisions, and during the ten years for which you have presided over the Supreme Court, there has been but one appeal from you to the Privy Council—and that decided against the appellant.* Such then being our estimate of Your Lordship’s character, we need not say how much we deplore that failing health should for a time deprive us of your presence. We trust that the trip Home may be attended with most be- neficial effects to you, and that in the ensuing year we may again see you sitting in that judgment seat which you have so long adorned. Paul I. Sterling. Edward K. Stace. William T. Bridges. Henry J. Tarrant. William Gaskell. Edward H. Pollard. William Moresby. The replies of the Chief Justice were made verbally, and with much feeling and good taste, to the deputations which presented the addresses. The following supplementary address, circulated both in the Colony and in Canton, and forwarded to the Chief Justice by the mail following his departure, by those who had not had an opportunity of signing the first one presented by the community, explains itself. Nothing could be more pal- pable than the deep regard, if not affection, and high respect in which Mr. Hulme was held. It was certainly not the ignomi- nious conduct of Sir John Davis towards him which this time had prompted these emotional effusions. Ina short time this fresh address received a large number of ready signatures, which, with the first address, exceeded in number those obtained after much solicitation, it is said, for both Governor Bonham, and General Jervois’ together ; thereby justifying the opinion ex- pressed locally—that ‘‘had the same means been used with the address to the Judge, or had ordinary common sense been exer- cised in making its existence generally known, it would certainly have obtained twice the signatures of both the other addresses * Murrow v. Stuart, 8 Moo. P. C. 267—heard before the Judicial Committee of the Privy Council on the 3rd February, 1853, the case being decided without the respondents being heard—see anté Chap. XIII. § I1., pp. 328, 329, 1954, Supple- mentary address to the Chief Justice. 346 HISTORY OF THE LAWS, ETC., OF HONGKONG. Chap. XV. in point of numbers, and ten times their value in point o 1854, sincerity of feeling” :— The Honourable Joun Wartrrer Hung, Esq., +i Chief Justice of Hongkong. Sir,—Feeling convinced that the comparatively limited number of signa tures attached to the address presented to you prior to your departure fo England on the 12th instant, affords a very inadequate criterion of the genera estimation in which, both as a judge and a gentleman, you are held by th community, we deem it due to you and to ourselves to state, that none of u had an opportunity of signing the address, and many of us knew of it for thi first time from the newspapers, after it had been presented. Assuring you that we should otherwise have gladly availed ourselyes o: the occasion to testify our respect, We have the honour to be, Sir, And. Shortrede. Robt. P. D. Silver. Geo. P. De Silver. J. Willaume. II. Marsh. IT. Winiberg. F. Duddell. G. Logan. Robert Gordon. F. S. Huff. A. Weiss. Lonis Heerman. James A. Brooks. W. H. Sutton. Thos. Irwin. M. W. Pitcher. Pestonjee, Framjee, Cama & Co. Ameeroodeen & Jafferbhoy. P.& D.N,. Camajee & Co. George Wilkins. H. Schaeffer. C. Brodersen, George Buchan. Joseph M. Lord. E. A. Still. Rustomjee Byramjee & Co. H. T. De Silver. Meyer, Schaeffer & Co. Wm. -Pustau & Co. F. Woods. Dav. Glover. William J. Preston. William Harding. Charles Markwick. J.C. Hoey. Chas. Archbold. William Knight. R. Markwick. Marcus Hill Shaw. John Scarth. Your very faithful Servants, Edward Walton. P. Campbell. R. MeGregor & Co. E. Baldwin. Richard Newby, Agent for the Mercantile Bank ol India, London, and China. S. Mackenzie. Lyall, Still & Co. R. H. Chambers. D. Kennedy & Co. Per Pro. D. W. Mackenzie. C. S. Lungrana. Ezra & Judah. Reiss & Co. Gilman & Co. W. W. Dale & Co. J. A. Tulbert. Moul & Co. Henry Davis. J. Marshall. R. Gibbs. Kessowjee Sewjee & Co. Jacob Isaac. Cowasjee Pestonjee. Dadabhoy Hosungjee. Bomanjee Eduljee. Muncherjee Ruttonjee. Muncherjee Nesserwanjee Mody. Shaikally Meherally. Dhunjeebhoy Poonjabhoy. Pestonjee Dinshawjec. Framjee Nowrojee. Dinshawjee Framjee Cash. Pestonjee Rustomjee. Pallanjee Nesserwanjee. T. Allana, | : Cassumbhoy, Nathaboy & Co. Nanjee Hassom. Cowasjee, Pallanjee & Co, FURTHER MANIFESTATION TOWARDS CHIEF JUS!ICE HULME, Arch, E. H. Campbell. Pestonjee Rustomjee. ie i. Wardley & Co. Heerjeebhoy, Ardaseer & Co. *,. B. Johnson, Nesserwanjee Ardaseer Banjah. Binley & Co. Curtsetjee Hosunjee. Johu Costerton, Limbjeebhoy Dhunjeebhoy. Agent, Commercial Bank of India. Bomanjee Eduljee. John Cardno, Jehangheer F. Buxey. Agent, Agra & U.S. Bank, R. H. Camajee & Co. Charles Scholefield. D. N. Mody & Co. David Sassoon, Sons & Co. M. N. Mody. Adam Scott. Alex. Gifford. H. F. Edwards. Wm. Ross. Charles Taylor. Albert Leigh. Chalmers & Co. John Lamont. Blenkin, Rawson & Co. Sam. Appleton. P. & J. B. Colah. David Dick. Neave, Murray & Co. Jno. Marshall. Maxn. Fischer. John Pettigrew. Ripley, Smith & Co. Peter Phillip. Robert Gifford. Richard Scott. George de St. Croix. L. F. Vieira Ribeiro. A. W. G. Rusden. A. Berenhart. H. D. Margesson. EK. Oppert. Richard Rothwell. Thomas Spence. Henry R. Hardie. S. A. Lubeck. James 8. Green. Thomas Jamieson, Geo, Dent. Consequent upon the departure of the Chief Justice, Mr. Sterling again became acting Chief Justice, and Mr. Bridges acting Attorney- -General, the latter with a seat in the Legislative Council. The question of Chinese interpretation, which had been of such moment up to this, now began to assume a practical form, It appeared that King’s College, London, having appointed a Professor of Chinese,* the Foreign ‘Office held out, as an encour- agement to diligent students, civil employment in China, The system hitherto in force was that young gentlemen, coming out to China for the purpose of entering ‘the Government service, were allowed a grant of money per annum to induce them to study Chinese, and, on showing some proficiency in the language, places were found for them as assistants in the Super- * Mr. Summers, of Macao fame [anté Chap. X1., p. 244], was tlic professor appointed. The following is the advertizement that appeared in reference to this appointment, in the althenwum of the 22nd January, 1853 :-— CHINESE LANGUAGE AND LITERATURE, King’s College, London. Professor Summers, late Tutor in St. Paul’s College, Hongkong, will commence his course of Instruction in the classical language and colloquial dialect of China, on Monday, i te 28rd January, 1853, at three o'clock, ete, ete. a edie oe, King’s College, London,. 18th January, 1853, 347 Chap, XV, 1854, Mi. Sterling, acting Chief Justice. Mr. Bridges, acting Attorney- General... Chinese interpreta. tion. Trofessor of Chinese at King's Collexe, London. Encourage- ment held out by Foreign Office to students. System hitherio in force, Assistants in the © 348 Chap. XV. 1854, Superin- tendency or Consulates. The scheme of the Foreign Office. School of interpreters. Precursor of Colonial system of student interpreters. Mr. Sum- mers, of Macao celebrity, as Chinese professor. The At- torney- General on penalties attached to lottery advertize- ments. Act 6 and 7 William IV. c. 66. Free pardons on Queen's Birthday. Declaration of war against Russia. Superin- tendency of Trade removed. to Shanghai, New Justices of the Peace. Mr. Hillier, HISTORY OF THE LAWS, ETC., OF HONGKONG. intendency of Trade or in the Consulates. Under the new sys- tem there was this advantage, that the Chinese student in England would, in the first instance, pursue his studies at his own ex- pense, and that when superior diligence had marked him out as a proper object, he would come out to the service in Hongkong with some knowledge of the language. In connexion with the scheme the following paragraph appeared in a Home paper :— “ Government has placed certain civil appointments in China at the dis- posal of the Council of King’s College. The students to be selected are to form a school of interpreters for the use of the British authorities at Hong- kong ; and, if not needed there, they are to proceed under the direction of the Government to other stations.” This may really be said to have been the precursor of the Colonial system of student interpreters inaugurated in 1861,* but on its becoming known locally that the Chinese professor selected was Mr. Summers, known here as the originator of the unfortunate affair at Macao in June, 1849, an unfavourable aspect was taken of the scheme, as Mr. Summers was considered, incompetent for the position, having only been a short time in Hongkong and being even then quite a young man, and with- out experience of the Chinese language. The acting Attorney-General, actuated by the best of motives, drew attention in the public press, on the 4th May, 1854, to the penalties the papers underwent on the subject of lottery adver- tizements as laid down by 6 and 7 Wm. IV., c. 66. On the occasion of the Queen’s Birthday, the Governor granted a free pardon to several prisoners confined in the Gaol. News of the declaration of war, on the 28th March, by France and England combined against Russia, reached Hongkong on the 25th May. Immediately a Government Notification appeared removing the Superintendency of Trade to Shanghai where it was directed all communications should be addressed, the Admi- ral proceeding the same day in the Wiachester to the north, and the Governor and suite in the Barracouta to Shanghai. Colonel Caine was left in sole charge of the Colony, with entire control over local affairs, as Lieutenant-Governor. On the 29th May, a list of eight new Justices of the Peace was duly published, and Mr. Hillier gazetted a provisional member of the Executive Council. * See Vol. 11., Chap. XXXIII., of this work. { Sce note to page 248, anté Chap. x1. At the time of the Macao incident, as before recorded, it would appear that Mr. Summers was.not more than ‘eighteen or ninetcen years of age’ (sce anté Chap. XI., p. 244)—so that at this period, he conld only have .been at the most about twenty-four years of age. Nor is it clear whom he succeeded as Professor of Chinese at King’s College. As will be remembered, already a former Hongkong official a held a similar position in the person of Mr, 8, Fearon, as recorded in Chap, V. § 11, ante p. 127, ; THE MURDER OF MR. PERKINS, AN AMERICAN, An auxiliary Police Force was formed on the Ist June to protect the lives and property of the inhabitants, during the ab- sence of the British men-of-war, and an additional rate was raised, under the power given by a recent Ordinance [No. 1 of 1854] for the payment of such extra force. A Government Notification to this effect appeared on the 10th June, but on the 11th July, owing to the altered circumstances and more secure state of the Colony, the Lieutenant-Governor informed the community that the auxiliary force had been disbanded on the 5th of that month. An extra Sessions of the Criminal Court was held on the 15th June. The first case was that of Chun Ayee who had been sentenced in 1847 to fifteen years’ transportation and sent to Penang on the 28th May, 1848, and who, never having been pardoned, was found at large in the Colony.* He was now sentenced to one year’s imprisonment with hard labour, and at the termination of the sentence to be transported for life. The next case was one that had caused some sensation in the Colony, and was that of Chun Chuen Tai and his wife Chun Cheong She fer murder. The prisoners were indicted on four counts in respect of the murder ofa Mr. George Perkins, an American, who had arrived in the Colony on the 15th May from the Sand- wich Islands. When off the Lema, a Hongkong ‘hakow-boat’f was engaged to take Mr. Perkins to Macao with his luggage, but Mr. Perkins never reached Macao nor was his body ever recovered. The prisoners were afterwards captured. From the evidence it appeared that at about eight o’clock at night, while he was asleep, the male prisoner with a spear stabbed the deceased to death, and with his wife threw the body overboard. Both prisoners being found guilty were sentenced to death, the acting Chief Justice informing the female prisoner, who had pleaded that she was quick with child, that she would. be respited until her plea of being pregnant was found true or not. This plea, it may be observed, was the first and is the only one of its nature to be traced in the records. On the 24th June The Government Gazette published a pro- clamation by the Lieutenant-Governor declaring that the sen- tence of death passed on the woman Chun Cheong She had been commuted to transportation for life, and Chun Chuen Tai was executed on the 27th June. The scene on the scaffold was. described as disgraceful. The condemned man’s arms were so much at liberty that, after hanging three or four minutes, he got hold of the rope akove his head with his right hand and fairly drew his breath on two occasions. After hanging five minutes * See this case referred to anté Chap. X,, p. 198. + A Chinese junk, 349 Chap. XV. 1854, Auxiliary Police Force, Additional rate raised for payment of the Force. Auxiliary Force disbanded. June Criminal Sessions. Chun A Yee,* a transported convict, found. at large in the Colony. The sentence. Regina v. Chun Chuen Tai and his wife, Chun Cheong She, for murder of Mr. Perkins, an American, The facts. Sentence of death, The woman quick with child. Sentence of death on the woman commuted, Chun Chuen Tai executed, Disgraceful execution. ' 350 Chap. XV. 1 B54. Chun Chuen Tai’s attempt to bribe the turnkey . before his execution. His offer reduced to writing. The woman Chun Cheong She afterwards pardoned, Tenders for passage of Chinese convicts to Singapore. Return of the Assistant Magistrate, Mr. W. H. Mitchell, after his divoree, July Criminal Sessions, Nearly a maiden assize, Death of P. C. Kingsmill after mur- dering his wife. Admission of Mr. Cooper Turner as an. attorney of the Court. His previous record, | His card, Mr. T., Wade appointed interpreter HISTORY OF THE LAWS, ETC., OF HONGKONG. finding his trousers falling off, he deliberately but unsuccessfully attempted to fasten them round his waist. “The man was repre- sented as ‘“ strangling for twenty minutes before he was dead.” As thoroughly illustrative of the Chinese character, an episode in connexion with this murderer may be men- tioned. After his conviction he attempted to tamper with the turnkey placed in charge of him, by actually proposing to this officer that, if he would allow him to escape, he in return would give him the gold watch taken from Mr. Perkins, the latter's clothes, and $150 found in Mr. Perkins’ trunks, and a further sum of $300! This offer he reduced to writing and drew out a personal order upon the individual who had taken the most active part in his capture. - The Governor, in the exercise of his prerogative, afterwards granted a free pardon to the woman Chun Cheong She on the occasion of the Queen’s Birthday in 1855. On the 15th June the Government called for tenders for the conveyance to Singapore of twenty-nine Chinese convicts. After his divorce suit in England,* Mr. W. H. Mitchell, Assistant Magistrate, Sheriff, and Coroner, returned to the Colony and resumed duties on the 26th June. On Saturday, the 15th July, there was a sitting of the Cri- minal Sessions of the Supreme Court which was as nearly as possible a ‘maiden assize,” theve being only one case,—the only instance since the foundation of the Colony. It was a case of abduction, wherein a verdict of not guilty was returned. Police Constable Kingsmill, against whom a Coroner's J ury, on the 14th July, had returned a verdict of wilful murder of his wife by striking her the day before on the head with a heavy stick, died in Gaol on Tuesday morning, the 18th July. Both were addicted to drink, Mr. Cooper Turner, described as “late of Sydney, Australia, Crown Solicitor,” arrived from England on the 16th July, and was admitted to practise in the Courts of the C olony on the 19th of the same month. He was also a solicitor on the rolls of the Court in California. Shortly after appeared the follow- ing notice in the local press :— A CARD, Mr. G. Cooper Turner, Solicitor and Notary Public, Office, Queen’s Road, opposite the Oriental Bank, Hongkong, zotn July, 1854, On the 27th July, Mr. Thomas Wade was gazetted “ Inter- * Anté Chap. XIv. § 1, p. 333. THE CASE OF THE REVD. MR. BAXTER, COLONIAL CHAPLAIN. preter of Chinese Customs at Shanghai,” having resigned his Vice-Consulship there.* As a matter not entirely unconnected with law and justice, and which formed the subject of parliamentary debate, it may not be inappropriate to mention here the case of the Reverend Mr. William Baxter, the Colonial Chaplain of Hongkong, which happened in August of this year, This gentleman, who had held the rectory of Fyfield, Hants, on appointment by the Home Government, consequent upon an exchange of livings which he had effected with the Reverend Mr. Stedman, the Colonial Chaplain in Hongkong, arrived in the Colony to assuine the duties of his office on the 8rd August, by the ship John Bunyan. But a matter now happened in regard to the newly-appointed chaplain which certainly called for explanation. Mr. Melville Portal, member for North Hants, after Mr. Baxter had left for the scene of his labours, rose, in the House of Commons, to call the attention of the Government to matters affecting the church, as referred to in a petition entrusted to him by certain inhabitants of the parish of Fyfield. According to The Times of the 12th May, Mr. Portal, in alluding to the scandal said that— “The parishioners of Fyfield complained that, since the year 1851, the rectory, which is in the gift of the Lord Chancellor, had been suffered to be exchanged no less than three times. On the second occasion the rector ex- changed it, with the consent of the Lord Chancellor, with the Rev. William Baxter for a mastership in the college school at Cheltenham. Mr. Baxter held the living scarcely three years ; and a few weeks afterwards suddenly absconded on a Sunday, after morning service, deeply in debt to most of the tradesmen in the neighbourhood, and carrying with him certain parish funds and charitable monies which were in his charge. He had previously made an assignment of, his effects for the benefit of his creditors. His parishioners heard nothing of him until they saw it aunounced that he had been appointed civil chaplain at Hongkoug [a laugh]. The circumstance was one which called for explanation and he hoped the noble lord would be able to give it. Lord J. Russell said the Rev. Mr. Baxter had exchanged his living with the Rev. Mr. Stedman for the civil chaplaincy at Hongkong. The only part of the transaction with which the Lord Chancellor had anything to do was the induction of the Rev. Mr. Stedman into the rectorship of Fyfield. No im- putation was cast upon Mr. Stedman. The Lord Chancellor made particular inquiries respecting him at Hongkong, and received the highest testimonials as to his character and abilities, and his lordship being satisfied with them, appointed Mr. Stedman to the rectorship [hear, hear]. The part of the transaction which referred to the Rev. Mr. Baxter’s appointment to the chaplaincy at Hongkong would be explained by the Under-Secretary for the Colonies. - Mr. F. Peel said that when application was made to the Colonial Office to sanction the exchange of appointments between Mr, Stedman and Mr. Baxter, * See anté Chap. XIv. § L, p. 331. 351 Chap. XV. 1854, of Chinese Customs, Shanghai. The case of the Reverend. William Baxter, appointed Colonial Chaplain of Hongkong. How he was appointed, A matter ealling for explanation. Mr. Melville Portal, M.P., moves Parliament. The com- plaint of the’ inhabitants of Fyfield. The discus- sion in Parliament. 352 HISTORY OF THE LAWS, ETC., OF HONGKONG. Chap. XV. the Duke of Newcastle took the usual course in such cases, by addressing ¢ 1854, The Bishop of Victoria refuses to license Mr. Baxter, Mr. Baxter called upon to resign. Reverend M. ©. Odell officiates, Mr. Baxter leaves for Australia. letter to the Bishop of Winchester in the folowing terms :—= Colonial Office, January 9, My Lord,—I have the honour to transmit to Your Lordship the copies oi two letters, addressed to me by the Rev. S. W. Stedman, Colonial Chaplaix at Hongkong, relative to an exchange of appointments which he is desirous tc effect, and in which he apprises me that the Rev. W. Baxter, the incumbent of Fyfield, in Hampshire, is willing, ‘and has permission, to exchange the living he holds. oS Before giving my final sanction to their arrangement, I should be obliged by Your Lordship informing me whether you consider Mr. Baxter to be well qualified to fill the Colonial Chaplaincy, or whether there exists any objection, of which I am not aware, to the proposed exchange of appointments. I have, ete., NEWCASTLE. The Lord Bishop of Winchester. To this letter the Duke of Neweastle received the following reply from the Bishop of Winchester :— Farnham Castle, January 10. My Lord Duke,—I have the honour to acknowledge the receipt of Your Grace’s letter of the 9th instant, with enclosures relative to the proposed exchange between the Chaplain of Hongkong and the Rector of Fyfield, Hants. The Rev. Mr. Baxter, Rector of Fyfield, is highly respectable, and, as fat as I am aware, well qualified to perform the duties of a Colonial Chaplaincy efficiently [laughter]. Jam not acquainted with Mr. Stedman, but as far as regards Mr. Baxter I am not aware of any objection to the exchange. I have, ete., C. Winton, His Grace the Duke of Newcastle. Having received such a letter as that, the Duke of Newcastle, of course, felt himself authorized to consent to the proposed arrangement [hear, hear].” In the meantime, pending the reply of Mr. Baxter to the serious charges brought against him, the Bishop of Victoria refused to license Mr. Baxter to the Colonial Chaplaincy, or to allow him to officiate in St. John’s Cathedral. 1t may here be mentioned that the chaplaincy was worth £700 a year, while the value of the rectory of Fyfield was not stated. In January, 1855, Mr. Baxter was called upon, by direction of the Secretary of State, to resign his appointment, his explanations having been referred by the Bishop to his late diocesan, the Bishop of Winchester, who had regarded them unfavourably, and, on the 30th January, appeared a Government Notification that “the Reverend M. C. Odell. B:a.. (Military Chanlain) was SM JOHN DAVIS MADE A KK. B, es 353 appointed to discharge temporarily the duties of Colonial Chap- chap. Xv. lain, in place of the Reverend W. Baxter, resigned.” The jn, latter, with his family, left for Melbourne on the 24th March, Reverend 1855, the Reverend J. J. Irwin, his successor in Hongkong, tpn” arriving here on the 30th June following. Chaplain, ; Return from Mr. G. A. Trotter, Clerk to the Chief Justice, having reported kave0f his return to the Colony* on the 8th August, Mr. Bevan’s duties Chief in that capacity ceased from that date. oe Mr. Bevan. The news now reached Hongkong that Sir John Davis had Sir John been made a Knight) Commander of the Civil Division of the ie ee 7 Order of the Bath. For general services, Sir John Davis was certainly as much entitled to such an honour as his successor Sir George Bonham had been considered to be, but one could not help thinking, in connexion with Sir John Davis, that whilst honours were being given away, the respected Chief Justice Hulme, who was now on sick leave in England, should Local regret not have been overlooked by the Queen’s advisers. A knight- Ghiet hood, at least, it was considered, would have been well bestowed ae on one who was every inch a gentleman, and of whose fitness no honorary for the high office he held there never existed two opinions,— “stinction. which “was more than could be said of the other gentlemen above mentioned.” Passage to Western : Australia for The Government advertized on the 17th August for a passage European to Perth, Western Australia, for three European convicts. On Patol the 20th Sir John Bowring and suite returned to Hongkong, and gy Jone on the 29th of the same month it was announced that Mr. Cay, Bowring to ‘ ; . Hongkong, the Registrar of the Supreme Court, had obtained an extension , ee of twelve months’ leave of absence. of leave to r. Cay, e i 5 Registrar, In September Sir John Bowring again left for the north giv John being accompanied this time amongst others by Mr. Hillier, the Bowring ” 5 leaves for Chief Magistrate, and Mr. George Whittingham Caine, a junior the north clerk in the Plenipotentiary’s Department, a son of Colonel with Mr Caine, and of whom moreanon.{ Mr. W.H. Mitchell performed mr. a. w. Mr. Hillier’s duties during his absence. The Governor, with Cm . his party, returned at the latter end of November. Colonel On Saturday, the 28th October, before the Court rose, Mr. ee ii W. Gaskell, as the senior member of the bar, wished to obtain pasion the countenance and sanction of the acting Chief Justice for the promotion i 1 of a law formation of a law society. ele * See anté Chap. XIv. § L, p. 331. ¢ See anté Chap. XIVv. § 1., p. 332, = t See Chap. xx,, infra, and Chap. LIx., Vol. 11. of this work. 354 HISTORY OF THE LAWS, ETC., OF HONGKONG. Chap. xv. Mr. Sterling passed an encomium on law societies, and hoped issu, that the one ahout to be established would be found of benefit Mu Stestingh: to the profession, and graciously permitted a notice of it to be encomiam © Be. entered on the records of the Court. Although the Law Society societies, was formally started and took an active part in January, 1858, Entered upon the question of the amalgamation of the two branches of records the legal profession,* it does not appear to have done much a ae more, and the records after that period show nothing more in Society reference to it. started. RuleofCout A Rule of Court, dated the 31st October, 1854, was passed regulating and published on that date, regulating the number of Criminal riminal 2 . : : Sessions and ‘Sessions to be holden in the year, and amending otherwise relating schedule 7 of the Regula Generalis of the 1st March, 1847, relat- o Fees of a 8 § 3 : a fi Court, ing to fees in the Supreme Court.f This order, it was notified on the 5th April, 1855, had been confirmed by the Secretary of State for the Colonies. Conveyaneeotf On the 15th November, a passage for eight Chinese convicts Chinese, to Penang was advertized for. Penang. Mh: Masein, Mr. Alexander, the acting Registrar,{ having obtained leave 2 Registrar, Of absence on the 2nd December, Mr. Norman Ramsay Masson, vice Alexan- 9 clerk in the Registrar-General’s Office, was appointed his der, on leave. 2 : ; successor pro tem. Mr. Alexander resumed duties on the 2nc April, 1855. Year 1854 As may be seen, the year 1854 proved an important one in ea = Tocal events, the most important of them being the change in Bie the administration of the Government by which the Lieutenant- in the Governor for the time being assumed the control of local affairs administre- al] the Ordinances promulgated during the year bearing hi: Govern. | name. The recall of Vice-Admiral Sir Fleetwood Pellew ; the ment, the death of Lieutenant Pedder ; the departure of the respected Chie Governor Justice, amidst general regrets, on leave of absence for thc iat second time owing to repeated attacks of illness, after a shor oF ipe#l tenure of office only since his return to duty ; the declaration o aliairs, Ordinanees War with Russia ; and the extraordinary and impudent case o during the the Reverend Mr. Baxter, appointed to the Colonial Chaplainc: year bear ¥ Colonel of Hongkong, were not by themselves the least interesting Cattie’s events chronicled. name, Ordinance Amongst the important Ordinances passed during this year ma: Me ~~ be mentioned Ordinance No. 8 of 1854, entitled “ An Ordinane declaring to declare certain Acts of the Imperial Parliament to be in fore * Sec Chap, XX., ui suprd, + See anté Chap. v. § I1., p. 130, LEGISLATION In 1854. in the Colony ;”* Ordinance No. 4 of 1854, reducing the num- ber of jurymen from eighteen to ten ; Ordinance No. 5 of 1854, amending and extending Ordinance No. 9 of 1845, entitled ‘An Ordinance to invest the Supreme Court of Hongkong with a Summary Jurisdiction in certain cases ;” and Ordinance No. 6 of 1854, providing ‘‘for the disposal of Unclaimed Balances of the Estates of Persons dying intestate within the Colony of Hongkong.” * The following is the Schedule of the Acts of Parliament to which the Ordinance referred :— 6 and 7 Vict., Cap. 34.—An Act for the better apprehension of certain offenders. iy 5 85.—An Act for improving the Law of Evidence. is 9 96.—An Act to amend the Law respecting defamatory Words and Libel. Tand 8 ee 62.—An Act to amend the Law as to burning farm buildings, Sand 9 i 47.—An Act for the further prevention of the offence of Dog stealing. 9 and 10 45 25.—An Act for preventing malicious injuries to persons and pro- perty by fire, or by explosive or destructive substancer, 1U and 11 e 66.—An Act for extending the provisions of the law respecting threatening letters and accusing parties with a view to extort money. 14 and 15 +3 19.--An Act for the better prevention of offences. 15 and 16 ” 24.--An Act for the amendment of an Act passed in the first year of the reign of Her Majesty Queen Victoria, intituled “An Act for the amendment of the Laws with respect to Wills.” 359 Chap. XV, 1854. certain. acts of Parliament in force in the Colony. Ordinance No. 4 of 1854, Ordinance No. 5 of 1854, Ordinance No. 6 of 1854, CHAPTER XVI. 1855-1856. SECTION I. 1855. Ordinance No. 1 of 1855, enforcing neutrality during contest in China.—Commission of inquiry as to fees received by Government officers,—Treaty of Commerce with Siam.—Re- turn of Chief Justice Hulme from leave in indifferent health—Departure of Mr. Sterling, Attorney-General, on leave.—Mr. Bridges acts.-~Illicit gambling and extortion practised by subordinate oficials in Government Offices.--Extensive gambling establishments in the .Colony.--Payments to office coolies in the Supreme Court, Police Court, and Police Offices. —Confession of gambling-house kecper. —Confirmatory evidence.—Arrest of the offenders. —Keeper fined, establishment broken up, and coolies committed for trial.—Prose- cution abandoned.—Lieutenant-Colonel Hope Graham, a member of the Executive Council. —Crimean war.— Bishop of Victoria's proposal fora day of fast and humiliation.—Governor's refusal without instructions from Secretary of State.--Decision of Secretary of State that Proclamation of a Fast is reserved to the Sovereign by Order-in-Council.—Free pardons on Queen’s Birthday.—Colonel Caine appointed senior member of the Legislative Council. —Secretary of State’s directions as to communications concerning the Colony.—Colonel Caine as Lieutenant-Governor only anthorized to act in absence of Governor.—-His position almost a sinecure.—Licutenant-Governor with precedence over Chief Justice,—Con- viction of the brothers Chui Ah Sam, pirates, brother and nephew of Chui Apo.—Sentence of death on Lee Akung for murder.—His execution.—Government Notification that knowledge of Chinese ground for promotion in the service--Mr. Caldwell resigns offices of General Interpreter and Assistant Superintendent of Police.—Discontent at his position.--Inspired articles in the Press at probable result if he resigned.—Mr, Caldwell’s resignation accepted.—Government expression of regrct.—Mr. Wade appointed Chinese Secretary to the Superintendent of Trade in Hongkong.--Mr. Grand-Pré appointed to replace Mr, Caldwell.—Myr. Grand-Pré an alien. His appointment unfavourably commented upon.--The Government in a dilemma for interpreters.—A qualified interpreter advertized for for the Chief Magistrate’s oftice.—F'requent robberies in the town.—The Chief Magietrate robbed.—Heavy robbery in the Gaol.—Europcan subordinates suspected.—Upwards of £90 abstracted.—Small pay allowed the Gaol subordinates.—Turnkeys committed for trial.—Prosccution abandoned.—A discharged seaman sues the gaoler for moneys depo- sited by him.—Ordinance No. 1 of 1854.—The defence.—Chief Justice decides Sheriff the proper person to be sucd.—Chief Justice’s suggestion of a memorial to the Governor. —Disturbance at a public auction of Crown lands.— Messrs. Jardine, Matheson, & Co., and the threats held out to the Chinese.—Government issue a warning as to consequences of interfering with land sales.—The Act 18 and 19 Vict. c. 104 for regulating Chinese passenger ships.—Fresh list of Justices of the Peace.—The American Consul, Mr, Keenan, rescues a prisoner.—The facts.—Rescued by trickery and taken on board an Anmerican man-of-war.— Mr. May goes on board.—No assistance given him.—Local acrimony against the Consul’s behaviour.—The Americans address a letter of approval to their Consul.—Arrest and committal for trial of the Consul.—Charge abandoned on the advice of the acting Attorney-Gencral.—The reason.—Lccentricity of Mr. Keenan.—Case of the Annie Bucknam.—My. Mitchell and his refusal to extend to Mr, Keenan the customary courtesy of offering Foreign Consul a seat on the Bench.—Proclamation of Sir John Bowring to the Chinese regarding scditious movement against Empire of China.— Hongkong and the laws of England.—Mr. Sterling appointed Puisne Judge at Ceylon. His career in Hongkong.—Local opinion.--Continued illness of the Chief Justice. Block in business.—Governor appoints a Commission to hold the Criminal Sessions.—Ordinance No. 6 of 1846.—Mr, Kingsmill appointed to discharge dutics of Attorney-General at the Ses- sions.—November Criminal Sessions postponed. Governor appoints the same Commission. —Complete stagnation of Court work on the civil side——Mr, Day appointed to hold a Court of Summary Jurisdiction.—Important legislative measures in 1855,—Ordinance No. 2 of 1855,— Ordinance No, 5 of 1855.—Ordinance No, 6 of 1855, ANALYSIS OF SECTIONS. SECTION II. 1856. Continued illness of Chief Justice Hulme. Mr. Day appointed to sit in his place.— Ordinance No. 6 of 1845, section 5.—Continued disturbances in China.--Ordinance No. 1 of 1856.—Ordinance No. 1 of 1855 enforcing ncutrality.—Appointment of Mr. T. C. Anstey as Attorney-General in the place of Mr. Sterling. —His previous career.—Biographical notices.—Mr. Anstey as a Law Commissioner —Zhe Liverpool Aibion on Mr. Anstey’s appointment.—He gocs to China in a “diabolic frame of mind.”—Local hopes.—A system of gaol delivery.—Mscape of convicts.—Mr. Bridges, acting Attorney-General, leaves for England without waiting for Mr. Anstey.—He anticipates Chief Justice's early retirement. —Dinner given to him.—No Criminal Sessions held in January.—The long tale of Police and Prison misgovernment.—Coroner’s inquest.—Cells under Police Station ‘a sink of iniquity.'—Verdict of the Jury.—Arrival of Mr. Anstey.—Date of his departure from Lon- don.—Governor appoints him to sit for Chief Justice in lieu of Mr. Day.—Ordinance No. 6 of 1845, section 5.—Mr. Anstey gazetted to a seat in the Legislative Council.--Ordinances Nos. 2 and 3 of 1856.—Mr. Anstey officiates for the Chief Justice on the Summary side.— His want of knowledge of the Chinese charactcr.—He fines a plaintiff and his witness for perjury.—Mr. Caldwell’s loss as an interpretcr.—Rules of the Bar occasionally infringed. —Rules of etiquette drawn up by Mr. Anstey.—The circular and memorandum.—The view taken of the memorandum.—The Chief Justice not consulted.—The authority of barristers to appear in Consular Courts.—Messrs. Bridges, Kingsmill, and Green memorialize the Earl of Clarendon.—Sir John Bowring suggests matter be referred Home and the question of the right meanwhile suspended.—The Chief Justice’s decision and offer.—The right recognized by the Foreign Officea—The egregious blunder in refusing the right.—Jrivileges extended to the English and American Bar by each other’s Consulates.—First time an English Crown lawyer permitted to appear in an American Court of Justice since Declaration of Independence.—Recovery of the Chief Justice. He presides at the rebruary Sessions.—The community welcome his return to the Bench.—No Chinese Interpreter present until late in the afternoon.--Mr. Anstey’s first appearance as Attorney-General.--Two Chinese witnesses committcd for perjury — Heavy calendar.—Large number sentenced to death.— Doubts as to guilt of some.—-Com- mutation of sentences. —Increase of Police Force—Execution of Shun Ah Muen and Lec Ah Foo.—Disgraceful conduct of the Police at an extensive fire in the town.—Thefts by Indian Police.—Spoliation by European and American element in the Force.--Mr. Anstey gazetted a Justice of the Peace.—Ordinances Nos. 5, 6, and 7 of 1856.—Law relating to contracts with British subjects on Chinese territory by Chinese subjects for cession of pro- perty in China,—Opinion of Mr. Bridges that the Chinese are beyond the pale of civilized nations repudiated by Home Government.—The opinion of the law officers of the Crown.— Commission to inquire into constitution of Police Force. Inspection of Police Force by Sir John Bowring.— Numerous desertions from the 59th Regiment.—Nine found on board an American whaler.—Mr. Hillier, Chief Magistrate. Charges of gross carelessness.--How Mr. Anstey characterized the depositions taken by Mr. Hillier.—Regina +, Forest, Wise, Oliver, and Ayow.--The Chief Justice directs Mr. Hillier to be sent for.—Extraordinary scene between the Court, Mr. Hillier, and the Attorney-General. Mr. Hillier claims the protection of the Court against Mr. Anstey.—The Magistrate and the Coroner merely thought it necessary to write down “ that one witness corroborated the other,”—Conviction of Forest and others for burglary.—Myr. Hillier’s re-appearance in Court. His demand “for restraining the Attorney-General,” repeated.— -He asks the Chief Justice for a memo- yandum as to what evidence he is to take down.—The Chief Justicc’s demeanour and reply.—The jury and others as spectators curing the scene of crimination and incrimina- tion —The real value of depositions taken in r.xtenso disclosed.—Scene between Mr. Anstey, Mr. Hillier, and Mr. Mitchell.—Mr. Mitchell admonished by the Chief Justice.—Discus- sion as to the nature of testimony.—Chicf Justice says Attorney-Gencral will draw up a memorandum for guidance of the Magistrates.—Mr. Anstey on the ‘not very creditable state of affairs’ as to the Magistrates.—Further fencing betwcen Mr. Hillier and Mr. Anstey.—Criminal casus of the worst description against the Police.—Conviction of Indian Police for extortion—-P.C, Brady charged with robbery.—Case against P.C. Carvalho for attempted extortion.—Police reformation the crying want.--Prisoncrs and the assistance of counsel.— Messrs. Kingsmill and Cooper Turner appointed in Court to defend a Huro- pean prisoner.—Interpretation again. Criminal Sessions end abruptly owing to the want of an interpreter.—Mr. Anstey's opinion of the interpretation.—The Chief Justice says he has recommended the re-employment of Mr. Caldwell.—Death of Goodings, the gaoler.— Death of Mr. C. Bowring, the Governor's father.—The attorneys of the Court memorialize the Chief Justice for a suspension of Ordinances Nos. 5 and 7 of 1856.--They wish to obtain the necessary books of practice and Acts of Parliament.—The Governor's refusal. Impro- per conduct ef Mr. Anstcy as regards the Chief Justice in the matter.—sir John Bowring criticized.—The attorneys hold a meeting to procure that Ordinances affecting them be pub- lished in future before being passed.— April Criminal Sessions.— Resignation of the Registrar- ship by Mr. Cay.—Appointment of Mr. Alexander as Registrar. Mr, N. R. Masson, Deputy Registrar.—Mr. Hillier appointed Her Majesty's Consul at Siam. -Hisdeparture.—-His long and honourable career in the Colony.—The farewell given him as a popular officer—His 3 a 7 358 Ch, XVI § I. Ordinance No. 1 of 1855, enforcing neutrality during contest in China. Commission of inquiry as to fees received by Government officers. Treaty of Commerce with Siam. Return of Chief Justice Hulme from leave in indifferent health, HISTORY OF THE LAWS, ETC., OF HONGKONG. death not long after.--Public opinion of Mr. Hillier in Hongkong.—His funeral in Bang. kok.—Changes on Mr. Hillier’s departure for Bangkok.—Mr. H. T. Davies appointed Chic: Magistrate of Hongkong.--Admiral Seymour appointed Naval Commander-in-Chief vice Sterling.—Mr, Anstey holds an inquiry respecting expenses of civil procedure and prac. tice, ete.—Passing of Ordinance No, 14 of 1856 as the result.—Departure of Lieutenant: Colonel Graham. Lieutenant-Colonel Dunlop acts and is made a member of the Executive Council.—Execution of Samarang for murder.—Place of execution.— Samarang’s cruel anc disgusting execution.—Previous execution spot.—-The gallows after executions’ remair exposed to public view.—A protest.— Ordinance No. 10 of 1856. Lis Pendens and Purcha. sers.—Mr, Anstey slanders the Chief Justice.—He charges the Chief Justice with having exceeded the bounds of temperanee.—Sympathetic and indignant protest by the commu. nity and the legal profession—-Mr. Anstey repcats the charge.—The Secretary of State takes a different view.—The despatch.—Mr. Anstey afterwards makes public reparation tc the Chief Justice.—Indignation which Mr. Anstcy’s conduct aroused.—Character of Sit John Bowring from ‘the Journal of I’. 8. Raikes, Esquire.’—Mr. Anstey confirmed asa membe) of the Legislative Council.—Ordinance No. 13 of 1856.—Yung Awing, an articled clerk tc Mr. Parsons, objected to as an interpreter of the Court.—Mr. Anstcy’s opinion that Yung Awing’s appointment incompatible with the provisions of Ordinance No. 13 of 1856.—His resignation.—Gaol misgovernment. Mr. Anstey files a criminal information against the Sheriff, Mr. Mitchell, for a misdemeanour.—The charges. —The facts.—Mr. Mitchell advised certain prisoners to write to their friends for money to pay for eertain charges.— Mr. Anstey makes an inquiry.—Sir John Bowring’s attitude of indifference—He is ‘doubtful of his power to control the Attorney-Gencral.’—The war of mutual attack between Mr. Mitchell and Mr. Anstey.—Mr. Mitchell informs Sir John Bowring he is only defending himself against Mr. Anstey’s attacks.—The Governor’s reply to Mr. Mitchell and the latter's action for defamation against Mr. Anstey.—Mr. Mitchell informs Sir John Bowring: the difficulty admits of no compromise.— Case against Mr. Mitchell by Mr. Anstey fixcd for hearing.—In the case of Mr. Mitchell against him for slander, Mr. Anstey makes an affidavit of no ‘confidence in Hongkong special jurors.--He asks for a common jury. The aflidavit.—The prayer refused.—A gross libel upon the special jurors.—The hearing of Mr. Anstey’s case against Mr. Mitchell.—The evidence.—Mr. Anstey’s extra- ordinary address upon Hongkong affairs and people generally.--The jury request the opinion of the Chief Justice upon the law of the case.—The Chief Justice rules that a mere suggestion by the Sheriff to prisoners to raise money for extra food supplied them from outside, not an attempt at extortion.--Verdict of not guilty received with applause.—A paltry, vindictive, and contemptible action.— Defeat well merited.—Public opinion.—The whole society of Hongkong convulsed in quarrels.—The Chief Justice takes the Bench at noon owing to bad health.—Mr. Anstey objects.—The jurymen approve as a protest to the Attorney-General’s action.—Their letter.—Practice of keeping jurymen waiting when not in the box.—Manifestation of good-will to the Chief Justice—Mr, Anstey and Lord Pal- merston's fine revenge.—Local view of the Chief Justice at this stage and of Mr, Anstey. — Constitution of Legislative Council at this period.—Myr. Labouchere, Secretary of State, informs Sir John Bowring he has no objection to a moderate increase in the number of the qecilative comets Secelsiny of State's approval of Estimates being laid before Legisla- tive Council. On the 15th January there was promulgated Ordinance No. 1 of 1855 to enforce neutrality during the contest then existing in China. A Commission of Inquiry into the nature of fees re- ceived by officers of the Government assembled by order of Governor Bowring at the Government Offices on the 7th March for the first time, and on the 12th of that month, the Governor left for Siam to conclude a treaty of commerce with the King of that place, returning to Hongkong on the 12th May having met with complete success in his mission. Chief Justice Hulme returned to the Colony on the 2nd April, and at once re-assumed the duties of his office. He had not very much benefited by his year’s absence as he could not ob- tain any further extension except at the sacrifice * of his salary, and having exhausted all the leave he was entitled to, he had to return to duty with a seriously-impaired constitution. * Bee ante Chap, xv., p, 343, EXTORTION AND GAMBLING. 339 On the 15th April Mr. Sterling, who had been acting for the ch. xvi §1. Chief Justice, left on twelve months’ leave of absence on sick leave. Mr. Bridges again acted for him. An investigation was held before the sitting Magistrate on the 5th May into a widely-extended system of extortion which had for some length of time been perpetrated by Chinese subordi- nates in different Government Offices, reminding one greatly of the scandal attached to a similar practice, but on a much larger scale and discovered also almost under similar circum- stances in 1897, as related hereafter in this work.* Notwith- standing that the law forbade gambling,} it was known that there were several extensive gambling establishments in the Colony. The circumstances alluded to were discovered by the servant of one of the officers of the Police Court quarrelling with some of the coolies. The servant in revenge placed in his master’s hands three cheque books, informing him at the same time that the office coolies were in the pay of thegambling-houses. These books the officer handed to Superintendent May, who had them examined by Mr. Caldwell. They were found to belong to a gambling- house in the lower bazaar, and their contents were curious and showed, inter alia, payments made to coolies at the Supreme Court and the Chief Magistrate’s Court, and tothe Police. Mr. Caldwell, thus put on the scent, went to the house indicated, where he found the keeper of the gambling-house, who admitted that the house was used for gambling purposes, and, on a box being opened, further confirmatory evidence was obtained. The man at once admitted that he had paid the moneys entered in the book, naming several of the parties who ‘had received the sums. They were taken into custody; but when confronted before him in the Magistrate’s Office, the keeper, as stoutly denied as he had formerly asserted, that they were the men to whom he had paid money., The gambling-house- keeper was fined, the establishment broken up, and four of the coolies, who it may here be noted ‘denied all knowledge or receipt of any money levied in their names,” were committed to take their trial before the Supreme Court. At the Criminal Sessions, however, which was held on the 25th May, the acting Attorney-General, for reasons not now apparent, decided to file -no information against the defendants, and they were accord- ingly discharged by Proclamation. Lieutenant-Colonel Hope Graham, of the 59th Regiment, having, on the departure of Colonel Griffin: on the 10th May, assumed the command of the Garrison, was appointed to a seat in the Executive Council on the 12th. * See Vol. 11. Chap. XCLI. + See Ordinance No. 14 of 1844, t See anté Chap. XIv, § 11, ‘p. 340, 1855. Departure of Mr. Sterling, Attorney- General,, on leave. Mr. Bridges acts. Illicit gambling and extor- tion practised by subor- dinate officials in Government Offices. Extensive gambling establish- ments in the Colony, Payments to office coolies in the Supreme Court, Police Court, and Police Offices. Confession of gambling- house keeper. Confirmatory evidence, Arrest of the offenders. Keeper fined, establish- ment broken up, and .coolies committed for trial, Prosecution abandoned, Lieutenant- Colonel Hope Graham, a member of the Executive Council. 360 Ch. XVI § I, 1855, Crimean war, Bishop of Victoria's proposal for a day of fast and humiliation, Governor's refusal without instructions from Secretary of State. Decision of Secretary of State that Proclamation of a Fast is reserved to the Sovereign by Order-in- Council. Free pardons on Quecn’s Birthday, Colonel Caine appointed senior member of the Legislative Council. Secretary of State’s directions as to com- munications concerning the Colony. Colonel Caine as Lieutenant- Governor only authorized to act in absence of Governor, His position almost a sinecure. HISTORY OF THE LAWS, ETC., OF HONGKONG. The Bishop of Victoria submitted to the Governor, on the 25th May, a proposal for a public day of solemn fast and humi- liation and prayer, for imploring the blessing and assistance of the Almighty in the war in which the nation was engaged, and for praying for the speedy restoration of peace. On the 28th, after consulting the Executive Council, the Governor informed the Bishop that, in default of communication from the Secretary of State, he did not feel warranted in complying with the Bishop’s wish, the legal point in reference to which, after communicating with the Secretary of State, is to be found in the following extract from a despatch subsequently received and published on the 8th January, 1856 :— . “T have to acknowledge your despatch No. 82 of the 14th June last, trans- mitting a correspondence which had taken place between yourself and the Bishop of Victoria, on the subject of the proclamation of a day of general fast and humiliation. I approve of the conduct which you pursued in refusing, without instruc- tions from Her Majesty's Government, to proclaim a public fast ...... The proclamation of a fast ...... is an act which, by law, is reserved to the Sovercign of this country as Head of the Church of England; ...... and ag a fast for the members of the Church of England cannot be ordered except by the authority of the Queen-in-Council, no Governor of a Colony can pro- perly exercise an authority which is not exercised by the Sovereign except by Order-in-Council.”° The Governor, on the occasion of the Queen’s Birthday, grant- ed a free pardon to five Europeans and eleven Chinese on con- dition that they left the Colony for good. The former included soldiers undergoing long terms for desertion and the rest for larceny and mutiny. The Chinese included Chun Cheong She, the widow of the boatman who was hanged on the 27th June, 1854, for the murder of Mr. Perkins.* The London Gazette of the 7th June contained the announcement that Colonel Caine had been appointed the senior member of the Legislative Council, and on the 25th of the same month, a Noti- fication appearcd that, ‘in consequence of instructions from the Secretary of State, the Government Notification of the 15th April, 1854,f was withdrawn, and that all communications to Government in matters concerning the Colony were in future to be addressed to the Colonial Secretary for submission to His Excellency the Governor and Commander-in-Chief.” Colonel Caine as Lieutenant-Governor was now therefore only author- ized to act in the absence of the Governor, and his office became almost a sinecure. The Legislative Council at this time consisted of five official and two unofficial members, the former being the Governor, the * See anté Chap. Xv., pp. 349, 850. t See ante Chap, XIV, § IL, p. 340, THE RESIGNATION OF MR. D. R. CALDWELL. 361 Lieutenant-Governor, the Chief Justice, the Attorney-General, ch. XVI § 1. and the Chief Magistrate of Police. Why the Lieutenant-Gov- 4355, ernor, when the Governor was present in the Colony, should Licutenant- have had precedence over the Chief Justice cannot be under- ee stood, for, as is well known, in days of old Chief Justices ranked ee. immediately after the Governor, and in many instances acted ae for him. ae Conviction The June Criminal Sessions were noted for the capture and ae eonviction of two Chinese named Chui Ah Sam, the elder, and Chui AhSam, Chui Ah Sam, the younger, for burglary, the two being the sae brother and nephew of the notorious Chui Apo, the murderer nephew of ; : Chui Apo. of Captain Da Costa and Lieutenant Dwyer.* These men were” lso know ire } es Sentence also n as pirates, and now received heavy sentences. ean At this Sessions another Chinaman, named Lee Akung, was pits sentenced to death for murder, and executed on the 11th July. aaa 1s 6xecu- On the 2nd July the Government notified, by direction of the ti. Secretary of State, that knowledge of Chinese would in future be Soramncn considered a good ground for promotion in the public service. iat Base: edge o On the 3rd July Mr. Caldwell resigned his offices of Assis- Chinese tant Superintendent of Policef and General Interpreter. { nan Discontent at his position, especially in comparison with others, 1 the would appear to have been the immediate cause of his resigna- ae al tion, and probably the idea also was that the Government resigns oftices would be embarrassed at his resignation, for the local press, Tee evidently inspired, had frequently touched upon the subject and and Assistant hinted that the Government, without Mr. Caldwell at its heels, (amine and who undoubtedly to all appearances was a valuable public of Police. servant, would soon find itself in an awkward position.§ The Discontent Government on the 5th July accepted Mr. Caldwell’s resignation, position. expressing regret at the same time “at the termination of his Inspired : . A 3 3 ar connexion with the Government to which for many years past the Press at he had rendered so much important and valuable service,” || Probable _ Sir John Bowring, on the 6th July, appointed Mr, Thomas Same Wade to the Chinese Secretaryship in the Superintendency of ot ag Trade in Hongkong,{[ and on the Ist August, Mr. Alexander resignation Grand-Pré was appointed to the office of Assistant Superinten- G- 7) ra : Government dent of Police and General Interpreter in the room of Mr, Cald- expression well, resigned, being gazetted on the 9th. Mr. Grand-Pré was 7 wow a: Z * . : . . Yr. aC represented as an alien, and in other respects his appointment appointed was unfavourably commented upon, and asa Police Commission Chinese ees . . : Secretar had been sitting since the Ist August, this appointment was tothe Superin- * See anté Chap. XII. § I., pp. 296-299, and references there given, era of + See Chap. v. § IL, p. 128. - See Chap. x11. § 1., p. 286. On this subject, sce anté Chap. X1II. § 1, p. 327. See Chap. XVII. § 1., in/rd., whete Mr, Caldwell rejoins the service. | Ante Chap, XV., p. 350, 362 Ch. XVI §1. 1855. Trade in Hongkong. Mr. Grand- Pré ap- pointed to replace Mr. Caldweil. Mr. Grand- Pré an alien. The Govern- ment ina dilemma for interpreters. Frequent robberies in the town, The Chief Magistrate robbed. Heavy robbery in the Gaol. European subordinates suspected, Upwards of £90 abstracted. Small pay allowed the Gaol subordinates. Turnkeys committed for trial. Prosecution. abandoned. A discharged seaman sues the gaoler for moneys deposited hv him. HISTORY OF THE LAWS, ETC., OF HONGKONG. suggested as one for inquiry, having regard to the qualifications for the office of the senior officers passed over. It was not very long, however, after Mr. Caldwell’s resigna- tion, that his absence as a Chinese interpreter was felt, and on the 24th August, Government, finding itself ina dilemma con- sequent upon “ the absence on sick leave of the regular Chinese interpreter at the Chief Magistrate’s. office,” advertized “for a qualified person to act in his stead for some months at $50a month,” “ the ordinary hours of attendance” being stated to be “from 10 a.m. to 4 p.m.” Robberies at this period were frequent in different parts of the town, and amongst them one had been committed on the Police-guarded premises of the Chief Police Magistrate, Now an important one was reported as having been committed in Victoria Gaol, in consequence of which the authorities were severely taken to task, strong suspicion in this case resting upon the European prison subordinates. The Gaol was under the sole charge of a turnkey named Whelan, and on the 20th August, Goodings, the Chief Gaoler, discovered the padlock of the store- room forced, and upwards of £90, partly belonging to prisoners, abstracted from a camphor-wood box wherein the property of prisoners was kept, there being no safe in the gaol. The occasion was deemed appropriate, however, for noticing the small pay allowed the Gaol subordinates. The Chief Gaoler had $45 month; his wife, acting matron, $5 ; McLaughlin, first turnkey, $24; and Whelan, the second turnkey, formerly a private in the 59th Regiment, $15. On these salaries all these people had to provide themselves ; and it was a matter for surprise how Government imagined honesty could be maintained in men of Whelan’s class especially, on the small modicum he received. Of the money lost a sum of £30 belonged to prisoners who were entitled to its return on the expiry of their sentences. The Sheriff, it appeared, had bought an iron chest for the gaoler’s use some months before, bit as the Government would not allow the disbursement, it lay in the robbed store-room un- used. McLaughlin and Whelan were committed for trial for larceny on the 30th August, but the case being a weak one they were let out on bail, the prosecution being subsequently aban- doned by the Attorney-General. A seaman named Clark, on the 7th September, sued Goodings the Gaoler, for £18. 16s. 6d. moneys deposited by him in term: of Ordinance No, 1 of 1854, on the occasion of his being sen to. gaol for refusing to do work on board shin. The defenci THE, CONDUCT OF MR, KEENAN, AMERICAN CONSUL. was that the money had been stolen from the store-room in the Gaol, together with other moneys belonging to himself, the de- fendant, and to other prisoners. ‘I'he case was dismissed, the Chief Justice holding that the Sheriff was the proper person to be sued. The Court at the same time informed the plaintiff that, unless he was prepared. to prove gross negligence, the plaintiff must stand the loss himself. On the plaintiff remarking that he had lost everything he possessed in the world and for which he had worked hard, His Lordship replied ‘‘ perhaps a memorial to the Governor might obtain compensation—he, the Chief Justice, was there to administer the law and could only suggest the application.” _ A disturbance at a sale of Crown lands by auction at East Point on the 12th August, in connexion with which Messrs. Jardine, Matheson, & Co. had previously remonstrated with the Government, and which on the day of the auction had the effect of deterring certain Chinese from purchasing the land owing to cer- tain threats which had been held out to them, induced the Govern- ment on the 19th September to issue a warning “ that any per- son or persons causing interruption to or interference with any land sale, to the injury of Crown rights or the detriment of the public revenue, would he proceeded against according to law.” The Act 18 and 19 Vict. c. 104, for the Regulation of Chinese Passenger Ships and giving powers to the Hongkong Legislature in reference thereto, was passed on the 14th August. On the 4th October Government cancelled the Commission of the Peace hitherto existent, and on the 5th and 17th October and 26th November, notified the nomination of those appointed to the fresh list. At this period the records show the ungracious and illegal act of the American Consul, Mr. Keenan, in rescuing a prisoner who was being taken to gaol on conviction by the Chief Magis- trate. It appeared that the carpenter of the American ship Rein- deer, an Englishman, had been put in irons after having been severely flogged by the master, C. W. Nichols. On his com- plaint, the case was heard on the 23rd October, and the Magis- trate, Mr. Hillier, fined the master $50, with $25 compensation to the injured man, who was represented by Mr. Stace. Mr. Keenan was present at the hearing, and objected throughout to the jurisdiction of the Court, on account of the affair having happened on board.an American ship. The master refused to pay the fine, and, as stated, on the way to the Gaol, through a trickery, he was rescued by the. Consul from the Usher and taken on board the U. 8, S. Powhatan. 363 Ch. XVI § 1. 1855. Ordinance No. 1 of 1854. The Chief Justice decides Sheriff the proper person to be sued. Chief Justice’s suggestion of a memorial to the Governor. Disturbance at a public auction of Crown Jands. Messrs. Jardine, Matheson, & Co., and the threats held out to the Chinese, Government issue & warning as to consequences of inter- fering with land sales, The Act 18 and 19 Vict, c. 104 for regulating Chinese Passenger Ships. Fresh list of Justices of the Peace. The Ame- rican Consul, Mr. Keenan, rescues a prisoner. The facts. Rescued by trickery and taken on board an American man-of-war,. 364 Ch, XVI § 1. 1845. Mr. May goes on board, No assistance given him. Local acrimony against the Consul’s behaviour, The Ame- ricans address a letter of approval to their Consul. Arrest and committal for trial of the Consul. Charge abandoned on the advice of the acting Attorney- General, The reason. Eccentricity of Mr. Keenan, Case of the Annie Buck- nam. Mr. Mitchell and bis refusal to extend to Mr. Keenan the cus- tomary courtesy of, offering HISTORY OF THE LAWS, ETC., OF HONGKONG, This proceeding having been reported to the Chief Magistrate out of respect to the American flag, Mr. May, the Superinten dent of Police, went himself on board the Powhatan to demanc that Captain Nichols should be given up. There was no activ: opposition shown to Mr. May, but no assistance was given him and as the master had either left the ship or was well concealec on board, the Superintendent had to return without his pri soner. Meanwhile the pros and cons of the case were fulh discussed locally, and much acrimony shown against the Con sul’s behaviour. On the 27th October, ‘‘ the American citizens and masters o American ships in Hongkong and China waters cognizant of thi occurrence of the 23rd October,” addressed a letter of approva to their Consul. The authorities in the meantime decided tc prosecute Mr. Keenan, and he was summoned to appear befor the Police Magistrate on the 1st November. Failing to appear < warrant was issued for his apprehension, and after inquiry or the 13th November he was committed for trial before the Supreime Court, by the Assistant Magistrate, Mr. Mitchell, on a charax of misdemeanour in rescuing a prisoner, assault, and assault ané battery, bail being taken for his appearance. The fine imposed against Nichols had in the meantime been paid. As regards the charge against Mr. Keenan, it had even- tually to be abandoned on the advice of the acting Attorney- General, Mr. Bridges, in consequence of Captain Nichols not having been legally in custody. The Chief Magistrate had neglected to grant a warrant for the alternative of imprisonment in default.of payment of the fine, and the Usher had therefore no legal authority for taking the offender to prison, so that there could have been norescue, which was the main charge against Mr. Keenan, though, of course, being a mere point of form, this did not affect the merits or demerits of the case. In connexion with Mr, Keenan, it may be mentioned that this was by no means the first time he had shown his eccentric conduct at the Police Court. In July last, a seaman of the Ame- rican ship Annie Bucknam charged the mate of the ship with assault. Consul Keenan retained Mr. Cooper Turner to defend the mate, and with the latter appeared before Mr. Mitchell when the case was tried. Mr. Mitchell taking no notice of the Consul’s presence, Mr. Turner reminded him that it was only customary courtesy to .offer a Consul, representing’ the nation to which parties belonged, a seat on the Bench. Mr. Mitchell replied that Consul Keenan had on a former .occasion treated the Court with marked disrespect, and he should not MR. STERLING APPOINTED PUISNE JUDGE AT CEYLON. 365 think of acceding to Mr. Turner’s suggestion. Upon this Mr. cn xvi 1, Keenan entered his protest to the Mavistrate’s jurisdiction, and gs. left the Court. In the result the defendant was fined and or- Foreign dered to be sent on board his ship as a deserter, and where he, Som") *, no doubt, met with his ‘deserts.’ Bench, The subjoined translation of a proclamation issued to the proclamation Chinese community of Hongkong by the Governor, Sir John of Siz John Bowring, relative to meetings held in the Colony by persons tothe — engaged in planning a seditious movement against the Empire 2inee , of China, was published on the 24th October for general informa- seditious tion, The government of the Colony, by the laws of Enyland,* eet it will be seen, is made prominent :— Empire of China, “Whereas the island of Hongkong is a part of the Dominions of Great Hongkong Britain, and governed by its laws: as the people of every nation whatsoever and the thereto resorting, either to reside or to trade, are entitled to the protection of eet d the British Government, so is uo one of them, no matter to what nation be- °" * belonging, exempt from punishment of its laws if he venture to break them. Iuformation has been received that meetings have, of late, been secretly held in the Colony by persons engaged in planning a seditious movement against the Empire of China, Are they not aware that such proceedings are utterly forbidden by the laws of this Goverument, and that they expose both principals and accessaries to very severe penalties ? It being deemed right to make public without loss of time the prohibitions of the law affecting this offence, Notice is hereby given to all the inhabitants of the Colony, that any person, whether Chinese or of any other nation, de- tected in making, planning, or arranging an attack of a war-like character upon any person in any part of China, will be proceeded against with the utmost rigour of the law. Such of you, the Chinese population, as continue to pursue your avocations in peace, will have the benefit of protection as heretofore ; but those who, ungrateful for that protection, presume to make use of this Colony as a place in which they may assemble to contrive sedition, shall be handed over, the moment they are discovered, to the Chinese authorities to be dealt with. The warning given, it will be followed by the execution of the law. Let every one attend and obey ! , By Order, W.T. Mercer, Colonial Secretary.” Colonial Secretary’s Office, Victoria, Hongkong, 24th October, 1855. The news of the appointment of Mr. Sterling, the Attorney- Mr, Sterling General, toa Puisne Judgeship in Ceylon, reached Hongkong jroo yudge at the end of October without much regret. From the records at Ceylon. he does not appear to have been over-popular nor “ generally 43;. career in esteemed for forensic powers,” and both ‘the learned gentleman Hongkong. and the community were congratulated on his removal toa new * a" ie ‘ 0 . he C Vee ? h Local and richer field of inaction, and as for t 1 Ceylon folks, in the opinion. words of Burns—‘ We wish them luck o’ the prize man. * Sec Introduction, até pp. 23, 24. 366 Ch. XVI §1. 1855, Continued illness of the Chief Justice. Block in business. Governor appoints a Commission: to hold the Criminal Sessions. Ordinance No. 6 of 1846. Mr, Kings- mill appointed to discharge duties of Attorney- General at the Sessions. November Criminal Sessions postponed, Governor appoints the same Commission, Complete stagnation of the Court work on the civil side. Mr. Day appointed to hold a Court of Summary Jurisdiction. _ HISTORY OF THE LAWS, ETC., OF HONGKONG. The salary. of Mr. Sterling’s new appointment was £1,800 a year, while in Hongkong he drew £1,500, with the privilege of private practice. Mr. Sterling had served the Colony eleven years from the time of his arrival in July, 1844.* The Chief Justice being too unwell to hold the Criminal Sessions, and the two postponements that had taken place in consequence having been exhausted, the Governor, on the 26th October, appointed a Commission consisting of ‘The Honour- able William Thomas Bridges, Esquire, acting Attorney-General, as President ; the Honourable William ‘Thomas Mercer, Esquire, Colonial Secretary, and the Honourable Lieutenant- Colonel Henry Hope Graham, Commanding the Forces, as members, to discharge the office of Chief Justice at the next en- suing Criminal Sessions, and no longer ; and His Lxcellency was further pleased to appoint under Ordinance No. 6 of 1846, Henry Kingsmill, Esquire, barrister-at-law, to discharge the duties of Attorney-General at the Sessions aforesaid.” The Ses- sions was accordingly held on the 29th, 30th, and 31st October. There were thirteen cases for trial comprising prisoners who, but for the appointment of the Commission, must have remained in Gaol for a considerably longer period. Sir John Bowring was of opinion that it was quite impossible to postpone the Sessions, public feeling being, moreover, against such a course. The event showed that the Governor was right, for, in consequence of the continued indisposition of the Chief Justice, the November Criminal Sessions, fixed for the 29th of that month, had to be postponed to the 29th December following, when the Governor again appointed the same Com- mission as before, with Mr. Kingsmill as acting Attorney- General, to dispose of the criminal work. It may be added that, during the whole of the period mentioned above, there had been a complete stagnation of the work on the civil side of the Court, and the Government now appointed Mr. Day, a local practitioner, to hold a Court of Summary Jurisdiction on the 4th January to dispose of arrears, as the acting Attorney- General, Mr. Bridges, could not sit, in consequence of his hold- ing retainers in one or more of the cases to be tried. * See anté Chap. II., p. 56.—“ The late Panl Ivy Sterling, Esq., formerly a judge of the Supreme Court of Ceylon, who died at Southsca, Hampshire, on the 23rd August, in the seventy-fifth year of his age, was the eldest son of the late Reverend Joseph Sterling, of Queen’s County, Ircland, and was born in the year 1804. He was educated at Trinity College, Dublin,.and subsequently entered as a student at King’s Inn, Dublin. He was called to the Irish Bar in Michaelmas Term, 1829, and afterwards procecded to Gray’s Inn, London. He was appointed Attorney-General in China in 1843, and a Puisne Judge of the Supreme Court of Ceylon in 1855, That office he filled till 1863, when he retired on a pension.”—Zhe Law Times, 20th September, 1879, p. 364. His wife had predeceased him on the 30th August, 1866, at Lower Brunswick-place, Brighton. APPOINTMENT OF MR. T. C. ANSTEY AS ATTORNEY-GENERAL. 367 The year 1855 saw some important measures pass the Legis- ch. XVI § I. lature, the most important ones as bearing upon the Courts — j%55 being Ordinance No. 2 relating to foreign attachments ; No. 5 Important providing for the disposal of unclaimed balances of the estates Seatre of persons dying intestate ; and No. 6 amending the practice and in 1855. procedure of the Supreme Court, and adopting certain provisions la of the Common Law Procedure Acts, 1852 and 1854—(15 & 16 Ordinance Vict. c. 76 and 17 & 18 Vict, c. 125). Ordinance. o. 6 of 1855, On the 2nd January the Government notified that ‘in con-cn.xv1g 0. sequence of the continued indisposition of the Honourable the | 55, Chief Justice, the Governor had, under his hand and the seal of the continued Colony and in accordance with section 5 of Ordinance No. 6 of 1S%., 1845, appointed Mr. John Day, barrister-at-law, to sit in the Justice place of the Chief Justice, and hear and determine such suits as 2™™* may be brought before him under the Summary Jurisdiction of acne the Supreme Court, on Friday, the 4th January, and following ‘sit in his days until all such cases shall have been adjudicated and deter- Rae mined.” It was well that so simple a remedy could be applied No. 6 of to what had been a growing grievance and to which attention ee 5. had been repeatedly called. __ On the same day, owing to the continuance of disturbances in Continued . . ~ . . i mces China, Ordinance No. 1 of 1856, re-enacting Ordinance No. 1 of §n China. ae ; os ; ne 1855 enforcing neutrality during the contest, was promulgated. Ordinance The news of the appointment of Mr. Thomas Chisholm Anstey a to the Attorney-Generalship of the Colony, in the place of Mr, No. 1 of 1855. ‘Sterling, reached Hongkong at this time. He was a barrister pounce of seventeen years’ standing, and as a member of Parliament had anstey as ” distinguished himself by hostility to Lord Palmerston as Foreign Quorn” Secretary, and at the time of his appointment to Hongkong held in the place the appointment of a Law Commissioner under His Lordship’s Recline, administration. The following are biographical notices in regard His previous to Mr. Anstey at the time of his appointment, and, as he played °°" . such an important part in the affairs of Hongkong, for purposes of record, they will not be found out of place. The first notice Biographical . notices, is as follows :— Anstey, Thomas, Chisholm, [Youghal]. 7 “Second son of Thomas Anstey, Esquire, of Anstey-Barton, Van Diemen’s Land. Born in London, 1816; married 1839, Harriet, 2nd daughter of the late J. E. Strickland, Esquire, of Loughglyn House, co. Roscommon. Edueated at Wellington, Somersetshire, and at University College, London. Called to the Bar at the Middle Temple, in Hilary Term, 1839. Is Professor of Law and Jurisprudence at the Colleges of St. Peter and St. Paul, Bath. Is author of «British Catholics and the New Parliament” [1841]; ‘*.A Guide to the Laws of England affecting Roman Catholics” ;* “A letter to Lord Cotten- ham on Petitions of Right” ;f “A letter to W. H. Watson, Esquire, M.P., * For review, see 6 Jur. Part 2 (0. &.) p. 250. + See 10 Jur, Part 2 (0. 8.) p. 1. 368 HISTORY OF THE LAWS, ETC., OF HONGKONG. Ch, XVI § I, on illegal Fees on Petitions of Right” ; “Guide to the History of the Laws 1856, Mr, Anstey asa Law Commis- sioner, and Constitution of England, in Six Lectures” ; together with numerous miscellanéous papers in‘ the “Portfolio,” “ Dublin Review,” “Law Maga- zine,” ete. A liberal; opposed to “ centralization ;” in favour of the repeal of the Union both with Ireland and Scotland ; thinks “that the abolition of excise, the reduction of customs, and the repeal of all currency laws, are the only methods of insuring protection to all.” First returned for Youghal in 1847.” The following is from Parliamentary Portraits :— Mr. THOMAS CHISHOLM ANSTEY. Mr. Anstey sits for the borough of Youghal, for which he was first returned in 1847. Heis the second son of a highly respectable landed proprietor in Van Diemen’s Land, a member of Council there, and was born in 1816. His family is Protestant; but he himself coming over to England to be educated was, When young, converted to Catholicity. He was educated at Wellington, in Somersetshire ; and at University College, London. Mr. Anstey adopted the profession of the law, and, while a student, was distinguished as an active and ardent member of the legal debating societies. He was called to the Bar by the Society of the Middle Temple, the 25th January, 1839. He married soon after a Miss Strickland, an Irish Catholic lady of good family, and went to carry on his profession in Van Diemen’s Land. ‘There he was made Judge of the Insolvent Court, but, getting into some disagreement with the authorities of the place, he threw up. his appoint- ment and returned to England. He then joined the Northern Cirenit, and was an attendant for some time at the Manchester Sessions. He afterwards more exclusively devoted himself to Chancery practice, and he has been employed in that department with advantage in some very important cases. He is the author of many articles in the periodicals, and of a very able trea- tise on the laws affecting Roman Catholics: As a writer, Mr. Anstey is correct, powerful, and fluent. His learning, too, is profound and extensive. His election for Youghal, and his subsequent parliamentary notoriety, are ol too recent date to need record here. He isa man of energetic and ardent mind; but he is, at the same time perfectly upright and honest. During his whole life, he has never allowec his interests to interfcre with his chivalrous and almost Quixotic integrity. Mr. Anstey is a liberal in politics and favours the repeal of the Union bott with Ireland and Scotland. Ile took part in the debate of Tuesday night, or the motion of Sir George Grey, for the continuance of the suspension of th Habeas Corpus Actin Ireland, when Mr. Anstey addressed the House agains both the motion and the amendment. He admitted the reality of the insur rection of last year, which was put down, and of the existing disaffection ii Treland ; yet he considered the grounds put forward in support of the measur utterly insufficient to justify an invasion of the personal liberty of the subject For the same reasons, he maintained, a committee of inquiry would be fruit less: On the same evening, the honourable member moved for leave to brit; in a bill for the further repeal of enactments imposing penalties upon Roma: Catholies, this being substantially the same Bill ashe introduced last sessiot He was pressed to withdraw the measure as ill-timed ; and, on deélining f do so, the House divided, and the Bill was rejected by a majority of 2.” In addition Mr. Anstey was a Law Commissioner, and 7) Law Magazine had occasion to express regret at his severanc from the Commission owing to “his great acquaintance wit MR BRIDGES AND HIS EXPECTATIONS. 369 the Statute Law and power of laborious exertion equalled by ch. XvI§ 0. . few,” and especially as Mr. Lonsdale, the Secretary to the late yg: Criminal Law Commission, and Mr. Rogers, one of the Assistant Commissioners of the late Statute Law Commission, had also been suffered to quit this service, the former to attend to his duty as County Court Judge and the latter to go to the Colony of Van Diemen’s Land as Solicitor-General,—all of whom it would be difficult to replace.* The London correspondent of The Liverpool Albion in one of The Liver- his letters headed “‘ Metropolitan Gossip,” dated London, the 19th 704%" January, 1456, made allusion to Mr. Anstey’s appointment, the Anstey's f : : appointment. concluding portion of which, as will be seen hereafter, proved (PP? nme He goes to rather an unfortunate prophecy, as events showed :— China ina : : “diabolic “How the Post happens to be Pam’s own print is unintelligible to all and ae their name is legion who reject the Urquhartine story about a former editor “having called for P’s head as a traitor, and then being muzzled with a St. Petersburg consulship, just as in the present case of Anstey, who is made Attorney-General at Hongkong, for the same reason by the same person. Chisholm, by the way, has gone to the Celestials in a diabolic frame of mind,” Locally it was hoped that on his arrival Mr. Anstey would Local hopes. forget that he was once a reformer. A man of his ability and energy might be of essential benefit to the Colony. A system of gaol delivery had now been going on for some time, a system and of a kind that must have been considered more objectionable Heiss than the late Criminal Sessions Commissions. eight convicts geoape of having escaped over the gaol wall by means ofa rope, and ten convicts. from the guard while at work on the roads. Of the eighteen only five were re-captured. Mr. Bridges, the acting Attorney-General left for England on Mr. Bridges, acting the 15th January, without waiting to welcome his successor who ‘4ttorney. was shortly expected. For nearly a year, he had filled the office General. leaves for of Attorney-General during the absence of Mr. Sterling.t for Engtana whom he had also acted when he officiated as Chief Justice during without | Mr. Hulme’s stay at Home.§ Contemplating the early retire- Mr, Anstey, ment from the Bench of the Chief Justice, consequent on His Lord- He antici- ship’s continued indisposition, Mr. Bridges, it would appear, went ee Home tourge his claims should Mr. Anstey be raised to the Bench. early retirement. A dinner was given to him on the 12th January by both ag Be branches of the legal profession. ; * On this subject, see also Zhe Jurist, (0. 8.) Vol. 17 and 18, Pt. 2, Ist July, 1854, p, 226, ‘ + See anté pp. 366, 367. See anté Chap. XIII. § 1., p. 322. See anté Chap. XV., p. 347. 370 Ch. XVI § IL 1856. No Criminal Sessions held in January. The long tale of Police and. Prison misgovern- ment. Coroner's inquest. Cells under Police Station ‘a sink of iniquity,’ Verdict of the Jury. Arrival of Mr. Anstey. Date of his departure from London. Governor appoints him to sit HISTORY OF THE LAWS, ETC., OF HONGKONG. The last published Government Gazette contained an intima tion from the Registrar of the Court that no Criminal Session would be held this month (January) probably in anticipation o the arrival of the new Attorney-General, who was expectec bout the time they should have been held. The -long tale of Police and Prison misgovernment agai: came under public notice consequent upon the verdict of : Coroner’s Jury at an inquest recently held. Speaking of thi cells under the Police Station, Dr. Dempster, the Colonial Sur geon, in his evidence at the inquest, said :-— “It is a filthy, disgusting place, badly ventilated, and altogether unfit fo occupation by human being. I was never in the cells but once to see | Policeman under delirium tremens ; and so horrified was I with the dirty stinking hole, that I took it on myself to order the man out of confinement a once. Itis a sizk of iniquity. A man in a weak state of health kept in sucl a place twenty-four hours would receive irremediable injury to his whol system.” According to the evidence, the deceased had been kept in on: of these cells for four nights and three days! And the follow ing verdict of the Jury was no less startling :— “The deceased died from the effects of disease contracted prior to his arres —death being accelerated by severe treatment at the hands of the Police, no only in his being dragged from his bed at midnight, when so sick he coul hardly walk, but in being thrown into a cell described by the Colonial Surgeo: as unfit for occupation by any human being, and further accelerated by the wan of attention apparent during confinement in Gaol; and the Jury recommen that the Colonial Surgeon’s representation regarding the cells at the Polic Station be brought to the especial notice of His Excellency the Governor.” Mr. Thomas Chisholm Anstey, the new Attorney-Genera and standing counsel to Her Majesty’s Plenipotentiary anc Superintendent of Trade, whose fame and reputation had si long before preceded him, arrived in Hongkong by the P. é QO. Steamer Cadiz on the 30th January. It appeared that in the month of October, 1855, upon the recommendation of Si William Molesworth, the Secretary of State for the Colonies Her Majesty had been pleased to appoint him [ler Attorney General for Hongkong.* On the 21st November, 1855, Mr. Anstey left London b overland route for his destination, and arrived in Hongkong o1 the date mentioned above. His appointment was gazetted the same day, and in a separat notification it was also announced that the Governor had ap * Parliamentary Papers on Hongkong, 1860, p. 421, §§ 1,2. See also Mr. Anstey allusion to Sir William Molesworth and the circumstances of his appointment in his speec in tha coca againgt him hv My Mitehell in Anonet. IRAR Chan vurr Rr dntnd T. C. ANSTEY. MR. ANSTEY ON THE ETIQUETTE OF THE BAR. 371 pointed him (in consequence of the continued indisposition of ch. Xvi § 1. the Chief Justice, and in lieu of Mr. Day previously gazetted for the purpose and who had until this been sitting) to hear and determine suits on the summary jurisdiction side of the Court, on the 1st February and following days until all such cases had been adjudicated and determined. This appointment was vir- tually the same as that previously conferred upon Mr. Day under section 5 of Ordinance No. 6 of 1845.* On the 31st January, Mr. Anstey was gazetted to a seat in the Legislative Council, During this month the Bills of Lad- ing Ordinance (No. 2 of 1856) and another extending certain Imperial Acts to this Colony (Ordinance No. 3 of 1856) passed the Legislature.f On the Ist February, the new Attorney-General, Mr. Anstey, officiated for Chief Justice Hulme on the summary jurisdiction side of the Court as previously announced. Mr. Anstey’s want of knowledge of the Chinese character caused some of the cases apparently to occupy more time than their importance deserved. In one case, for a breach of contract, the plaintiff and his wit- ness were evidently guilty of perjury, and fined respectively $100 and $20, they having, according to Mr. Anstey’s decision, ‘out of their own mouths, after a most careful and searching cross-examination on,the part of the Court, convicted them- selves of wilful perjury.” Fhe finés were paid. The loss sustained by Mr. Caldwell’s resignation { was made apparent at this sitting, when he, happening to be. present in Court as a spectator or witness, was called in to the assistance of the acting Interpreter. 1856, for Chief Justice in lien of Mr. Day. Ordinance No 6 of 1845, sec- tion 5. Mr. Anstey gazetted to a seat in the Legislative Council. Ordinances Nos. 2 and 3 of 1856. Mr. Anstey officiates for the Chief Justice on the Suminary side. His want of knowledge of the Chinese character. He fines a plaintiff and his witness for perjury. Mr. Cald- well’s loss as an interpreter. The Hongkong Bar had been, until very lately, formed of Rules of such a small number of barristers that it was little more than sufficient to entitle it to be called a body. The Bar had, since the commencement of the Supreme Court until quite recently, consisted of rarely more than two barristers and oftener of only one.. Under such circumstances it was not to be wondered at that the rules of the Bar may have been occasionally infringed. Now that there were several practising barristers in the Co- lony, it was only fair, it is to be presumed, that strict profes- sional rules of etiquette should have been adopted, and the follow- ing was the document drawn up by the Attorney-General on the * See anté p. 367. ; : ; + The following is the schedule of the three Acts of Parliament to which the Ordi- nance referred :— . ; 6 & 7 Vict., Cap. 88.—“An Act to amend the Law respecting the Duties of Coro- ners,” 9 & 10 Vict., Cap. 24.—“ An Act for removing some Defects in the Administration of Criminal Justice.” : er 11 & 12 Vict., Cap. 46.—“An Act for the Removal of Defects in the Administra- tion of Criminal Justice.” t See anté p. 361. the Bar occasionally infringed, Rules of etiquette drawn up by Mr. Anstey. ‘B72 Ch. XVI § JI. 1856. The circular and memo- randum. HISTORY OF THE LAWS, ETC., OF HONGKONG. rules to be observed by barristers in future. It was accom. panied by the following circular :— CIRCULAR. “The Attorney-General has the honour to make known to the members o: the legal profession in this Colony his reply of this date to certain questions recently submitted to him on the part of the Colonial Bar, in a matter highly affecting the conduct and character of its members.” Attorney-General’s Office, Hougkong, 23rd February, 1856. The following was the memorandum :— MEMORANDUM. “The Attorney-General has the honour to acknowledge a communication under this date from two English barristers practising at the Bar of this Colony ;in which, after expressing their belief that the manner, in which the rules and usages of the English Bar are disregarded here, has uot escaped the Attorney-General’s attention, those gentlemen request him, as Leader of the Provincial Bar, to certify his opinion how far those ‘ points of departure are consistent with the honour and dignity of the Bar itself.’ Tn acceding, as he is bound to do, to their request, the Attorney-General will endeavour to specify the several ‘ points of departure,’ which have as yet caught his observation. It is possible that there may be others of the same kind. If so, the gentlemen of the Bar will be pleased to consider them to be comprehended within the general reprchension which it is his duty to express of all endeavours on the part of English barristers, to set at uought their honourable obligations ; which follow them, in that character, wheresoever they go ; and to theuniversal observance of which by its members is alone to be attri- buted the high pre-eminence which still, after so many centuries of possession, remains to that Bar undiminished and untarnished, But the province of a colonial Attorney-General, as Leader of a local Bar, is in this matter limited. He has no power to alter the code of honour in favour of himself or his brethren. Ae has no power, on the other hand, to enforce their obedience to its precepts. All that he may do is to explain and declare them when occasion calls for it ; and to remind his brethren, if need be, that there zs one tribunal which has jurisdiction, although he has noue,— their Inn of Court. The Attorney-General has now to express his concern in approaching the points to which his attention is called, that any doubt could have been felt in any quarter with respect to theit character ; and, above all, that any persua- sions or pretences, commended by whatsoever authority, should have succeed- ed in procuring them to be adopted in practice. ‘These ‘ points of departure’ are in truth so utterly at issue with the principles of the English Bar, and the practice of barristers, that a deviation into them would undoubtedly be punished in England with the forfeiture of his grade by the offender. 1, Barristers are disqualified from entering into any agreement or under- standing with solicitors, directly or indirectly, having in view the dispensation of professional employment to the former by the latter. 2, Except when the client happens to be also a barrister, no barrister can stipulate with a solicitor for the employment of another barrister, albeit not himself party or privy to the agreement. 3. For the barrister to nominate the solicitor in the cause is grossly unpro- fessional. No barrister can interfere with the client’s own selection of -an adviser. Much more therefore is to be condemned the practice, which is said to have been recently introduced here, for the barrister to stipulate as a con- dition of his own acceptance of the client’s retainer, that the latter shall appoint in lieu of his own ordinary attorney, to act for him in that matter, one nomi- ns by the barrister, or one with whom the barrister signifies his desire to act, MR, ANSTEY ON THE ETIQUETTE OF THE BAR. 373 4. No gentleman of the Bar, whether upon pretence of being a general re- Ch. XVI § II. ferec or any other pretence, can intermeddle with the conduct of business in = a solicitor’s office. The division of the profession into these two walks is 1896. for the client a costly one at the best; and it loses all the advantage for which it was established, if combinations lika these are tolerated, and the reciprocal control suffered to become a nullity. 5. In any case of immediate and pressing emergency, no doubt, a client unprovided with an attorney, or otherwise consilii inops, may consult per- sonally a barrister, or employ him to draw a deed or will, or even hand him a brief. But these three are the sole exceptions—and they can very rarely occur in practice,—to the common and otherwise inexorable rule which deuies to the barrister all professional intercourse with any client except through the medium of that client’s attorney.* 6. No personal preferences—however well grounded—can entitle any client or solicitor to insist upon a barrister’s waiving in favour of his junior his right and duty of Jeading that junior in a cause when both are retained on the same side ;-—neither can the barrister waive his seniority in such a case, whether the waiver be voluntary or not. So far as respects himself personally, the Attorney-General wishes to add that he holds himself quite as much bounden, in Hongkong as in England, by the code of honour, to which he submitted himself when he was received into the great confraternity of the English Bar ; and that he is resolved, not even by his silence, to sanction the deplorable abuses and laxities of discipline, which have led to his being consulted in the present instance. (Signed) T. CHISHOLM ANSTEY. Attorney-General’s Office, Hongkong, 23rd February, 1856. This memorandum was not well received in certain quarters The view and therefore unfavourably commented upon. The two bar- {enc the risters who addressed the Attorney-General were believed to dum. have been Mr. Day and Mr. Green ; the one to whom the lax- ities of practice were attributed was Mr. Bridges, upon whom the memorandum was looked upon as an attack ; and the fourth, who did not join in the remonstrance, was Mr. Kingsmill, in whose favour Mr. Bridges solicited the support of his clients during his absence. Anything like a partnership between bar- rister and attorney or undue influence exercised by the one over the other, or colluding between them, cannot be too forci- bly reprehended, and as some such practices were alleged to have grown up, it was with some satisfaction that it was learnt that Mr. Anstey’s attention had been directed to their repres- sion. Up to 1851, there was no practising barrister in Hong- kong, except the Attorney-General. In that year Mr. Bridges arrived,f and, having speedily acquired some insight into local matters and local law, had the field entirely to himself and that literally so while acting Attorney-General, during the absence of the Chief Justice. The circumstances rendered some laxity of practice almost inevitable, but no circumstances excused such * See per Ld. Campbell in Doe d. Bennett v. Hale and Davis, 14 Jur. 831. { See ante Chap. VI. § 11., p. 801, 374 HISTORY OF THE LAWS, ETC., OF HONGKONG. ch, XVI § H.abuses as were indicated in Mr. Anstey’s memorandum. With 1856. The Chief Justice not consulted. The au- thority of barristers to appear in Consular Courts. Messrs. Bridges, Kingsmill, and Green memorialize the Earl of Clarendon. Sir John Bowring suggests matter be ‘referred. Home and the question of the right meanwhile suspendeil. The Chief Justice’s decision and offer. The right recognized by the — Foreign O.fice, regard to the fifth article, it was explained afterwards that it was not intended to exclude clients from consulting with their bar- risters, but that, in all ordinary cases, there must be an attorney to retain the barrister and submit the case to him. At all events it seems strange that those who disagreed with the mie- morandum did not submit it to the Chief Justice, who appa- rently had not been consulted, and obtain his opinion upon it. The authority of barristers to appear in Consular Courts, a matter mooted in the Supreme Court as fur back as March, 1853,* some considerable time afterwards assumed a practical ‘form by Messrs. Bridges, Kingsmill, and Green_addressing a memorial to the Earl of Clarendon praying to be permitted to practise in the Consular Courts. It may be added that the right became a matter of question on the occasion of an action against Messrs. D. Sassoon, Sons, & Co., on a returned bill, on which occasion Mr. Aleock, the Consul, refused to allow a bar- rister to appear for the defendant although he could not speak English. Her Majesty's Plenipotentiary had previously suggested to the Chief Justice, in order to avoid any collision by action, that the question of the right of barristers to plead in Consular Courts might be referred to the Home authorities, to which the Chief Justice assented. Pending the application, Sir John Bowring further suggested that the claims of the barristers might be suspended. This the Chief Justice refused, and gave an order that counsel should be heard while the matter was under refer- ence at Home, although at the same time Mr. Hulme offered to suspend. the right claimed for the lawyers, upon an order from the Plenipotentiary, which that functionary, however, declined to issue. As may be seen, therefore, the right of counsel to appear in the Consular Courts had ever been stoutly resisted both by Superintendents of Trade and Consuls, and although the Chief Justice had determined otherwise, that did not satisfy the Diplomatic Department when, as stated previously, the prac- titioners above mentioned decided upon memorializing the Foreign Office. The following favourable reply was received some months afterwards :— Foreign Office, January 9, 1856. Gentlemen,—I am directed by the Earl of Clarendon to acknowledge the receipt of your memorial, urging your claim as barristers practising at the Hongkong Bar, to be admitted to practise in the Consular Courts, and I am to state to you in reply that Sir Jobn Bowring has been informed that Her Majesty’s Government have assented to your application.—I am, &c., &c., E. HamMonp. To Messrs. BripaEs, KInGsMILL, and GREEN. * See anté Chap. XIv. § 1, p. 332, COUNSEL IN CONSULAR UWOURTS. 375 The whole question of the admission of barristers and attor- Ch. XVI § IL. neys in Consular Courts arose from egregious blunders com- mitted by two talented Consuls at Canton.* If the more able Consuls could err, a great deal more might be expected from the others, and the authority now granted was not unfavourably commented upon, seeing especially how seldom the services of counsel would be required in the Consular Courts. Singularly enough, the first employment the local Bar had in Canton was at the American Consulate, the American Consul having per- mitted two barristers} to appear in the case of Russell, Sturgis, & Co., and Nye, Brothers, & Co. This was mentioned as a sin- gular instance of liberality, but it may be mentioned that the same privilege was afterwards extended to the American Bar by Chief Justice Sir Edmund Hornby when opening the new Court in Shanghai in September; 1865.t This was also believed to be the first time that an English Crown lawyer had been permitted to appear in an American Court of Justice since the Declaration of Independence in 1776. Mr. Anstey, however, was only an English Crown lawyer with- in the bounds of the Colony of Hongkong, and therefore merely appeared as a simple barrister, nor was it a new thing for English lawyers to practise in American Courts of Justice, as Mr. G. Cooper Turner, the solicitor with Mr. Anstey, was on the rolls of the Court in California.§ The Chief Justice was so far recovered as to be able to pre- side at the Criminal Sessions which commenced on the 28th February and concluded on the 3rd March. Twelve o'clock being the hour fixed for the opening of the Court, a considerable number of the community came to welcome the return of Mr. Hulme to the Bench after his long illness, but His Lordship did not appear for upwards of an hour after the appointed time ; this happened on the first two days of the Sessions, and many went away before the business commenced. This was not the fault of the Chief Justice, however, for he was waiting in his Cham- bers until advised that interpreters had heen provided, which was not done till ten minutes past one o'clock. Mr. Anstey appear- ed for the first time as Attorney-General. The local opinions of the time agree that he conducted the prosecution with much ability and with more fairness and leniency towards the pri- soners than they had been accustomed to, but in one instance he was considered far from lenient when he succeeded in urging * As to Mr, Elmslie, see anté Chap. XIV. §L, p. 332. . oe } Mr. Kingsmill, counsel, with Mr. Henry J. Tarrant, solicitor, for plaintiffs; the Honourable Mr. Anstey, Attorney-General of Hongkong, counsel for defendants’ trustees and creditors, with Mr. G. Cooper Turner as solicitor. See Vol. 11., Chap. XLII. { See anté Chap. XV., p. 350, 1856. The egregious blunder in refusing the right, Privileges extended to the English and American Bar by each other’s Consulates. First time an English Crown lawyer permitted. to appear in an American Court of Justice since Declaration of Inde- pendence. Recovery of the Chief Justice, He presides at the February Sessions. The com- munity welcome his return to the Bench, No Chinese Interpreter present until late in the afternoon. Mr. Anstey’s first ap- pearance as Attorney- General, 376 Ch. XVI § II. 1856. Two Chinese witnesses committed for perjury. Heavy calendar. Large number sentenced to death, Doubts as to guilt of some. Commuta- tion of sentences, Increase of Police Force. ‘Execution of Shun Ah Muen and Lee Ah Foo. Disgraceful conduct of the Police at an extensive fire in the town. Thefts by Indian Police. Spoliation by European and Ameri- can element, in the Force. Mr. Anstey gazetted a Justice of the Peace, Ordinances Nos, 5, 6, and 7 of 1856. HISTORY OF THE LAWS, ETC., OF HONGKONG. the Court to commit two Chinese witnesses for perjury. The calendar was a heavy one, both as regards the number anc nature of the crimes committed, in one case eight men and ir another two being sentenced to death. The first case was that of Tsung Achew and seven other Chinese for murder and bur. glary at a silversmith’s shop on the night of the 1st January at East Point when a gang of armed burglars attacked the pre- mises, killing one sepoy and wounding another, both in the employ of Messrs. Jardine, Matheson, & Co., and who had gone to the assistance of the inmates of the shop. The eighth pri- soner was discharged from the dock, not having been identified, and the jury returned a verdict of guilty against the remaining seven, recommending one of them to mercy and against whom sentence of death was recorded, the others being sentenced tc death. Grave doubts having been raised afterwards as to the guilt of some of the prisoners, a searching investigation took place on the 22nd March, and on the 26th a proclamation appeared commuting the sentence of death against six to trans- portation for life and granting a free pardon to the seventh. This robbery, taken in connexion with another as serious, seem- ed to have alarmed the authorities somewhat, for a considerable increase to the Police Force was immediately ordered. In the other case, the two men sentenced to death for murder, Shun Ah Muen and Lee Ah Foo, were executed within the precincts of the Magistracy compound on the morning of the 29th March. A tremendous fire broke out in the business portion of the town on the 23rd February, eighty houses, of the estimated value of $100,000, being destroyed, and seven men losing their lives. The conduct of the Police during the fire was deplorable, the iniquities brought to light justifying the conviction that ne Police at all would have been preferable to the existing Force. The Chinese complained bitterly of the thefts by the Indian Police—contents of tills being removed while occupants were engaged removing the contents of their shops. Nor was the spoliation confined to the Indian part of the Force—the Kuro- pean and American element in it also coming in for public criticism. On the 4th March Mr. Anstey was gazetted a Justice of the Peace, and on the 5th an important Ordinance, dealing. with Chinese Wills (No. 4 of 1856), was passed by the Legislature. and soon after, through the exertions of the Attorney-General. three new important enactments became law ; these were Ordinances Nos. 5, 6, and 7 of 1856, relating to Common Law Criminal, and Chancery: Procedure, all passed on the 17tk March, 1856. LAW RELATING TO REAL PROPERTY IN CITINA. 377 A question having arisen as to the law by which contracts Ch. XVI § I. entered into with Her Majesty’s subjects on Chinese territory — 4855 by Chinese subjects for the cession of property in China should Law relating be regulated, and Mr. Bridges, when acting Attorney-General, Wc prtish having advised ‘‘ that the Chinese were to be considered as be- erceceien yond the pale of civilized nations, and that therefore such con- territory Ly tracts were to be regulated by the law of England,” the matter pe ey se was referred to the Home Government, and by Lord Clarendon cession of to the law officers of the Crown, namely, Sir A. J. E. Cockburn, property in eae Sie China. Attorney-General, and S'r Richard Bethell, Solicitor-Genéral. online of Their opinion was as follows :— Mr. Bridges aa an that the - ie We are of opinion that British Tribunals and Judicial Authorities in Chinese are China are bound to observe the rules and principles of Public or International beyond the Law, as they are settled and reecived by the common consent of European eet nations. nations We do not concur in the conclusion of the acting Attorney-General, that ais aa the Chinese are to be considered as beyond the pale of civilized nations. oe In all questions that may come before any British Tribunal in China The opinion relating to the ownership or occupation of houses or lands, lying within the of the law dominions of the Emperor of China, the law and custom of China, if they icers of can be ascertained, must govern the decision, unless by the terms of the con- ‘° Gnewm: tract the law or usage of some other country be imported into it; and if in any such case the Chinese Law cannot be ascertained, the decision must be governed by the priuciples of natural justice. There is no pretence for the introduction of the English Law of real property. It is an universal principle of Law in Europe, that in all questions re- spectiug immoveable property, the ‘lex loci rei site’ prevails ; and we think it both right and useful that the same rule should be acted on in the a-lminis- tration of Justice in China.” Some months back, a Commission had been issued by the Gov- Commission ernor to certain officials to inquire into the system under which (oy outfit. the Police Force at Hongkong was constituted and governed.* At tion of Police the time some witnesses were examined, but, owing probably to ~°"" the expected arrival of Mr. Anstey and the contemplated depar- ture of Mr. Bridges, the acting Attorney-General, who was on the Commission, the proceedings were dropped, and on the 20th March the Governor re-appointed a Commission, the names of the Commissioners, however, being left out in the notification. At the same time Sir John Bowring inspected the Force at the Inspection Government Offices, there being present twenty-six European, eres Sir one hundred and seventy-three Indian, and nineteen Chinese out John. of a total of two hundred and thirty-nine men. His Excellency a expressed himself much pleased with the appearance of the men, but the wish was expressed that he had had cause to be equally pleased with the performance of their proper duties. The reverse of this was said to be. the case. Lately there had been numerous desertions from the ranks of Numerous the 59th Regiment. It being suspected that a number of deser- cerns * See anté p. 361, 378 Ch. XVI § IL. 1856, from the 59th Regiment, Nine found on board an American whaler, Mr. Hillier, Chicf Magistrate. Charges of gross varelessness. How Mr. Anstey characterized the deposi- tions taken by Mr. Hillier. Regina r. Forest, Wise, Oliver, and Ayow, The Chief Justice direets Mr. Hillier to be sent for, Extraor- dinary scene between the Court, Mr. Hillier, and the Attorney- General, HISTORY OF THE LAWS, ETC., OF HONGKONG, ters were secreted on board the American whaler Canton Packet Inspector Jarman with a party of Police proceeded on boar« that vessel on the evening of the 27th March, when nine wer ferreted out of their hiding places. These were so cunningly designed and well concealed that it required the scaldings of boil ing water and pricks from sharp swords before the renegade: were compelled to unearth themselves.* From time to time charges of gross carelessness in his magis terial capacity had been laid at the door of Mr. Hillier, the Chie Magistrate. On Monday, the 31st March, at the Criminal Ses sions, this carelessness was prominently brought to the notice o the Court by the Attorney-General, who, in Mr. Hillier’s presence stigmatized certain depositions under his hand as “the mos slovenly and careless depositions he had ever seen.” The casi which brought this most prominently forward was a charge o burglary against two Americans named Forest and Wise, and a1 Englishman named Oliver, and a Chinese named Ayow, the firs two being Police Constables. On being cross-examined, it cam: out that none of the witnesses positively identified the prisoner: at the Police Court. The principal witness, who swore positivel) as to the identity in the Supreme Court, said that at the Magis trate’s Court she swore she could not identify the prisoners. Thi Attorney-General to the Court: “ This is rather importan evidence, but none of it appears in the depositions taken befor: the Magistrate’s Court”! Mr. Anstey then proceeded to charac terize the depositions in the terms stated above. The Cour thought it was very material that the evidence as to identit: should have appeared, and directed that the Chief Magistrat should be sent for to explain the depositions. On Mr. Hillier’. arrival he was sworn. All the explanation he could give was that he had taken most particular care in taking these ver depositions ; that he had taken down everything that he though relevant. ‘Then arose the following extraordinary conversation which is taken from the records of the time, between the Court Mr. Hillier, and the Attorney-General :— The Chief Justice—(staring with surprise at Mr, Hillier)—Do you no think it a relevant matter as to whether the prisoners were identified or not ? Mr, Hillier,—I take down everything positive. I always ask if th prisoners are identified, and if they are I put it down. The Attorney-General.—Do you not think it necessary to take evidence in favour of, as well as against, the prisoner ? Mr, Hillier.—My duty is to take down positive -and relevant evidence in support of the charge. I do not remember whether the question was pu as to identity, but if the prisoners, had been identified I would have taken i * On this subject, see also anté Chap. X11, § 1., p. 323. MR, HILLIER IS TAKEN TO TASK BY MR. ANSTEY. down, and can only say that I took great pains in taking down the evidence in this case, [The Chief Justice here leaned back in his chair in a state of profound astonishment at Mr. Hillier’s ideas of evidence. ] Mr, Hillier—believing that he had fully satisfied the Court, then pro- ceeded—My Lord, I am informed that the Attorney-General has been maligning me behind my back, and I now wish him to say to my face what he then said. . The Attorney-General —-I have no hesitation in repeating what I said, that the depositions are the most slovenly and careless depositions that I ever saw. Mr. Hillier.--Will the Attorney-General point out where they are slovenly and careless ? The Alttorney-General.--I am not here to answer the questious of the witness, but I do not mind telling the Chief Magistrate that I have just been examining him upon some of the faults of which I complain in the deposi- tions. Mr. Millier.—My Lord, I think it very unfair that a public servant in my position should be maligned behind his back, and 1 should feel much obliged if you would restrain Mr, Anstey from using the uncalled-for censure which he unsparingly uses against every person. In addition to the above, Mr. Anstey complained that the Magistrate and Coroner thought it merely necessary to write down “that one witness corroborated the other ”— instead of taking the evidence of each in full. After Mr. Hillier had with- drawn, the case under consideration was proceeded with, and in the end, being found unanimously guilty, Wise and Oliver were sentenced to ten years’, while Forest and the Chinaman Ayow received seven years’, imprisonment with hard labour. Wise and Forest were, as stated, Americans, and on the 10th and 24th November, 1858, they both received a free pardon on condition that they did not return to the Colony. Mr, Hillier apparently had determined to gain public notoriety, for, not satisfied with what had already taken place in open Court the day before in connexion with his capacity for discharg- ing magisterial duties, on the 2nd April, the last day of the Sessions, he again made his ‘appearance in Court and repeated his demand “for restraining the Attorney-General,” adding at the same time that he had addressed the Colonial Secretary on the subject, and concluding—“If Your Lordship will give me a memorandum of what evidence I ought to take down, I shall attend to it.” This alone showed how ill-fitted Mr. Hillier was for his position. The Chief Justice, astonished at the request for a memorandum, said nothing. With regard to restraining the Attorney-General, His Lordship said that, as Mr. Hillier had addressed the Colonial Secretary, the matter was taken out of the hands of the Court. The Attorney-General called the atten- a79 Ch, XVI§ Uy. 1856, Mr. Hillier claims the protection of the Court against Mr. Anstey. The Magis- trate and the Coroner merely thought it necessary to write down “that one witness corroborated the other.” Conviction of Forest and others for burglary, Mr, Hillier's re-appear- ance in Court. His demand “for restrain- ing the Attorney- General,” repeated, He asks the Chief Justice for a memo- randunt as to what _ evidence he is to take down, The Chief Justice's 380 Ch, XVI § I. 1856. demeanour and reply. The jury and others as spectators during the secne of crimination and incrimi- nation. The real value of depositions taken in eatenso disclosed. Mv. Mitchell admonished by the Chief Justice. Discussion as to the nature of testimony. Chief Justice says Attorney- General will draw up a memo- randum for guidance of the Magistrates. Mr. Anstey on the ‘not very creditable state of affairs’ as to the Magistrates, Further fencing Let ween Mr. Hillier aud My. Anstey. Criminal cases of the worst HISTORY OF THE LAWS, ETC., OF HUNGRONG. tion of the Court to the very depositions in connexion with the case in which he was then engaged and on which a scene of crimination and recrimination arose between him and the Chief Magistrate, the Attorney-General insisting, in his capacity as grand jury, that the Magistrates had no right to decide what was or was not corroborative evidence. In the course of the squab- ble, during which, needless to say, the jury and all the rest in Court were spectators, appreciating it or otherwise, the real value of depositions being taken in extenso came out incidentally, viz., that if the witnesses were dead, or absent, the words— ‘this witness corroborates previous witness,” would not be of much use to be read at the trial. The Attorney-General also pointed out that the Coroner, Mr. Mitchell, who was then also present in Court, had said that when he put down these words, he did not ask the witness to sign them. Mr. Anstey further stated that he had given the Chief Magistrate some hints at the time which were gratefully received, but now were treated as of no value. This Mr. Hillier denied, affirming that the memoran- dum to which Mr. Anstey had referred had reference only to a case then before the Coroner, Mr. Mitchell here stated that it was his intention to continue the practice condemned by Mr. Anstey. An admonition from His Lordship, however, instantly set him right. After further discussion as to the nature of the testimony to be taken down by the Magistrates, in which Mr. Day took part, entirely agreeing with the Attorney-General, the Chief Justice said, no doubt, the Attorney-General would draw up a memo- randum for the guidance of the Magistrates. The Attorney- General said it was not a very creditable state of affairs when the Magistrates did not know what evidence they ought to take down, thought it not material if witnesses identified prisoners or not, and above all wanted a memorandum to show them what evidence they were to take down. Mr. lliller then replied —“ If the Government are not satis- fied with the way in which I discharge my duties, let them get some one else to do them.” In this the Attorney-General said he concurred, and thought it was high time, and so probably, as was remarked locally, would most people have done, if it had been possible to give the pcsition to a regularly educated lawyer, but as that for the moment seemed doubtful, a great deal of fencing in public between the Attorney-General and the Chief Magistrate might. have been spared. Some of the cases tried at this Sessions were of the worst description as regards the Police Force especially. In another INTERPRETATION AT CRIMINAL SESSIONS. 381 case different from the above, two Indian Police Constables for Ch. XVI § U. extortion were found guilty and sentenced to two years’ impri- sonment, George Brady, another Police Constable, charged with robbery with violence, was acquitted on the ground of in- sufficient identification. In another case against the Police, Constable Carvalho was sentenced to six months’ imprisonment with hard labour, for attempted extortion of money from Chi- nese emigrants. Police reformation was the crying want, and a worse Force than that of Hongkong then was not conceivable. The Court occasionally had not unwillingly lent a favourable ear to prisoners whenever they applied for the assistance of counsel to defend them before the Criminal Sessions,* and at the present Sessions William Kelly, charged with stabbing with intent, begged the Court to allow him counsel. Mr. Kingsmill, on a hint from the Chief Justice, tendered his services, as did likewise Mr. ‘Cooper Turner, as attorney. The interpretation at this Sessions was also very bad and was the cause of the Sessions coming abruptly to an end, one Chinese prisoner remaining untried at the request of the jury on the ground of want of a proper interpreter. ‘The Attorney- General said he gladly acquiesced in the recommendation of the jury—he had repeatedly throughout the Sessions expressed his opinion of the interpretation.| The Chief Justice told the Jury he had written to the Governor on the subject, and had recom- mended that Mr. Caldwell should be re-engaged.{ Thus ended this extraordinary Sessions. On the 2nd April, Mr. Robert Goodings, the Gaoler, died. He had for upwards of twenty years been the servant of the Home and local Governments in various capacities. On the 4th of the same month the death took place at Larkbear, Exeter, of Mr. Charles Bowring, the father of Sir John Bowring. a : The sweeping changes introduced by the receut Ordinances affecting the procedure of the Court§ without the lawyers having in any way been consulted beforehand by the Attorney-General, as was to be expected, proved more than unpalatable to the legal profession, and the attorneys of the Court accordingly memorialized the Chief Justice requesting him to obtain from the * On this subject see anté Chap. XIII. § I., pp. 325, 326, and references there given. On the question of interpretation, see anté Chap. XL, p. 223; Chap. XII. § I., p. 294; Chap. XIII. § 1., p. 327; Chap. Xv., p. 349, and ante pp. 361, 362; 371, and other references there given. : t .daté p. 361 and reference there given. § Ante p. 376, 1856. description , against the Police. Conviction of Indian Police for extortion. P.C. Brady charged with robbery. Case against P.C. Car- valho for attempted. extortion, Police reformation the crying want, Prisoners and the assistance of counsel, Messrs. Kingsmill and Cooper Turner appointed in Court to defend a European prisoner. Interpreta- « tion again. Criminal Sessions end abruptly owing to the want of an interpreter, Mr. Anstey’s opinion. of the interpreta- tion, The Chiet Justice says he has recom- mended the re-employ-. ment of Mr. Caldwell. Death of Goodings, the gaoler, 362 Ch. XVI § I, 1856. The attor- neys of the Court memorialize the Chief Justice for a suspension of. Ordi- nances Nos. 5 and 7 of 1856. They wish to obtain the necessary books of practice and Acts of Parliament. The Goy- ernor’s refusal, Improper conduet of Mr. Anstey as regards the Chief Justice in the matter. Sir John Bowring criticized, The at- torneys hold a meeting to procure that Ordinances affecting them be published in future before being passed, April Criminal Sessions. HISTORY OF THE LAWS, ETC., OF HONGKONG. Legislative Council a suspension of the Ordinances Nos. 5 and 7 of 1856, in order that they might obtain the necessary books of practice and Acts of Parliament. This memorial the Chief Justice considered reasonable, and recommended it to the Council, in which recommendation he was supported by the Honourable Mr. Edger. he reply, however, was that, ‘ by the advice of the Attorney-General, the Governor declined granting the time required by the attorneys to make themselves acquainted by the law.” The worst part of this refusal, however, lay in the fact that both the members of Council had only consented to the Ordinances coming into force on the assurance of the Attorney- General that the attorneys were all prepared. The application of the attorneys gave an emphatic and formal denial to the assertion of the Attorney-General, who said that it was by the request of the attorneys that the thing was passed through, naming one in particular. To this the attorneys gave another emphatic denial, and would have embodied the same in a letter to the Chief Justice had not the Governor been so-very sharp in his decision, which, after all, might not have been looked upon as a very valid one as it had been given without the full consent of the Legislative Council. At all events it was improper, in the highest degree, that the Attorney-General should have opposed himself to the head of the Court who had to administer the laws, and who was responsible for their corrrect administra- tion, while the Attorney-General was not, and when that head expressed his opinion in favour of the unanimous and reason- able request of all the members of the lower branch of the profession. Sir John Bowring would have showed more sense had he taken the advice of the Chief Justice rather than that of one new to the Colony and who, during his short residence, had already shown but little discretion. In consequence of the shabby treatment they had received, the attorneys held a meeting on Iriday afternoon, the 16th May, when it was resolyed to memorialize the Government that, in the event of any Ordinance affecting them being brought before the Legislative Council in future, it be published for their, and general information, before it was passed.* The April Criminal Sessions were ended in less than two days with only one remanet. The interpreters are said to have dis- charged their novel functions with ability and fairness, and the depositions appeared to have been taken down by the Magis- trates with greater care. * Upon the subject of hasty legislation in regard to the introduction of Acts o! Parliament into the Colony, and the Secretary of State’s views upon the matter, see Chaps XXIV, and Xxv,, infra, é THE PROMOTION OF MR. HILLIER. 383 In consequence of the resignation by Mr. Robert Dundas Cay, Ch. XVI § II. who had now been on leave for some considerable time,* of his office of Registrar of the Supreme Court, on the 29th April it was notified that, under instructions from the Secretary of State for the Colonies, Mr. Alexander ¢ had been appointed Registrar, and that Mr. Masson} would actas Deputy Registrar pending the pleasure of Her Majesty’s Government, he being eventually confirmed in the appointment by Notification of the 30th September. The exact reason for Mr. Cay’s resignation of his appointment was never known.§ It may be recollected that he first arrived in the Colony with the other judicial author- ities in May, 1844. || At the end of April, the news reached Hongkong that Mr. Hillier, the Chief Magistrate, had been appointed Her Majesty’s Consul at Siam. This was the first appointment of the kind in that country and must be looked upon as the outcome of Sir John Bowring’s visit to Siam early last year. The Colony lost in him, if not the brightest, certainly one of the most honest, conscientious, and straightforward of its servants. He left with his wife on the 10th May, by the P. & O. Steamer Singapore, for Bangkok vid Singapore, to take up his appointment, and consi- dering his long and honourable career in this Colony, it is not considered out of place to reproduce in extenso what was said of him at the time by the leading exponent of public opinion in Hongkong, and which fairly represents one’s reading of the past in reference to this gentleman. ‘The extract also shows the fare- well which he, as a popular officer, received on his departure from the Colony :— “An independent, painstaking, and conscientious official is so great a rarity, that the departure of such an one from a limited community like that of Hongkong is severely felt. Mr. Elillier, in whose uprightness and integrity as Chief Magistrate, both natives and foreigners reposed almost unlimited confidence, the Chinese especially, have lost a warm and stead- fast friend. Of this they seem to have been aware, by the tokens of respect they showed him at his departure. A large procession was formed at the temple near Taipingshan, which proceeded to Mr. Hillier’s residence, accompanied by music and bearing two splendid sedan chairs, such as are used in religious processions for the gods,—one chair containing a basin of water, the other a looking-glass, implying that his character was pure as water and unstained as glass. An address was also presented to Mr. Hillier by the Chinese, and a gilt tablet bearing testimony of their respect and good-will. The procession afterwards proceeded through the city, notifying to the Chi- nese population their irreparable loss. * See anté Chap. XIV. § 1., p. 382, and Chap. Xv., p. 353. + See anté Chap. x1v. § 1., p. 332, and reference there given, t Anté Chap. Xv., p. 354. § “Mr. R. D. Cay, the first Registrar of the Court, was a Scotchman with a large family, which is about all we know of him, nor can we tell why he threw up such an excellent appointment.” Zhe Early History of Honghang.—W., TARRANT, p. 87, || Ante Chap. I1., p. 47. ; q Ante p. 358, 18556. Resignation of the Registrar- ship by Mr. Cay. Appointment of Mr. Alexander as Registrar. Mr. N. R. Masson, Deputy Registrar. Mr. Hillier appointed Her Ma- jesty’s Consul at Siam. His depar- ture. His long ant honourable career in the Colony. The farewell given him as a popular officer, 384 Ch. XVI § IL. 1856, His death not long after. Public opinion of Mr. Hillier in Hongkong. His funeral in Bangkok. Changes on Mr. Hiller’s departure for Bangkok. Mr. H.T. Davies appointed Chief Ma- gistrate of Hongkong. HISTORY OF THE LAWS, ETC., OF HONGKONG. But to the foreign community as well, the loss is very great, and will be the more felt from the difficulty likely to be experienced in filling his. place. A barrister may be procured, who will dispense to the Chinese more law, but we are not likely to have a Magistrate from whom they will receive as much justice. Mr. Hillier’s intimate knowledge of the Chinese language and of Chinese customs enabled him to keep down abuses, and elicit truth where one ignorant of the language would wholly fail. Alas, now for the poor Chinese under the mysticisms of the law, and in the hands of unprincipled interpre- ters! Already is Mr. Hillier’s absence from the Bench seriously felt.” But Mr. Hillier’s good fortune was not for long. With deep regret the announcement was received in Hongkong, on the 18th November, that Mr. Hillier had died of dysentery on the 14th October on board the American ship Dun Quiwote, to which he had been conveyed for treatment, accompanied by Mrs. Hillier, and the surgeon of the surveying schooner Saracen. Public opinion in Hongkong agreed that, for uprightness and integrity of charac, ter, few men in the Colony could have been compared to him. During the short time that he was in Bangkok he had made himself much liked, rumour had spoken warmly of the benefits accruing to foreigners from Mr. Hillier’s exertions and influence with the Siamese, and his death was much regretted there. His funeral was attended by the heir apparent as well as by the King’s youngest brother. The Saracen fired minute guns. The procession of boats extended nearly a mile three abreast.* After Mr. Hillier had left Hongkong to assume the duties of the Consulship in Siam, Mr. W. H. Mitchell, the, Assistant Magis- trate, Sheriff, and Marshal of the Vice-Admiralty Court, was gazetted acting Chief Magistrate, Mr. Charles May acting in heu of Mr. Mitchell, and Mr. Grand-Pré as acting Superintendent of Police under Mr. May’s occasional supervision. The duties of Coroner were performed by Mr. May, and the gaol inquests were held by Mr. Mitchell. These appointments, however, all came to an end in Novem- ber, on the arrival of Mr. Henry Tudor Davies, barrister-at-law, who had been appointed Chief Magistrate in succession, to Mr. Hillier. * A local paper of the time alluding to Mr. Hillier has the following in reference to his meritorious career in Hongkong— Mr, Hillier came first to China in some subordinate capacity on board a merchant ship, from which, still in his teens, he was taken into the establishment of Fergusson, Leighton, & Co. That firm failed in 1842, and in the same year he was appointed Clerk in the Police Court. Close application to the study of the Chinese language, and excellent ability at performing the will of his Chief (the present Lieutenant-Governor Caine, then Chief Magistratc)* procured him steady promotion—Clerk of Court; Assistant Magistrate; Sheriffs; Coroner; Chief Magistrate; member of the Legislative Council; member of Schools Committee; Emigration Commissioncr, ete , allin turn have fallen to Mr. Hillier's lot.” In addition to the foregoing it. may be noted that Mr. Hillier was married, on the 2&th May, 1846, to Eliza Mary, daughter of the Reverend Walter H. Medhurst, D.D., of the London Missionary Society at Shanghai. His wife, at his death, was allowed a pension from the Civil List of £50 year. * See anté Chap. vit, p. 147, note, A DISGRACEFUL EXECUTION. 385 Rear-Admiral of the White, Sir Michael Seymour, K.c.B., Ch. XVI§ IL appointed to command the naval forces in China,* in succession gg. to Admiral Sterling (Admiral of the Red) arrived in Hongkong Aeilval eymour in H.M.S. Encounter on the 6th May, 1856, and at once shifted siipolntedt his flag to the Winchester, pending the arrival of the Calcutta. Naval Commander- in-Chief rice It had been incorrectly stated that Admiral Sir James Ster- Sterling. ling, who had left Hongkong for England in February, had been recalled at his own solicitation. Mr. Ross D, Mangles, in a letter to The Times, stated that Sir James Sterling had not been recalled, but had resigned,—‘‘a course he had for some time contemplated in consequence of ill-health.” With reference to Sir Michael Seymour, it may be noted that he had been second in command of the Baltic Fleet in 1855, when he lost an eye by the explosion of a Russian infernal machine on board the Lemouth and for which he was afterwards granted the usual service pension. In September, 1856, he was further gazetted a Rear-Admiral of the Red. On the 8th May it was notified that the Governor had au- yy. anstey thorized Mr. Anstey, the Attorney-General, to institute an holds an inquiry into the subject of the expenses of civil procedure and jesyecting practice generally, including office fees, fees of counsel, and oe attorney’s costs. Officers in the service of the Government procedure were directed to assist the Attorney-General in his investiga- and practice, tions, and all persons interested were invited to supply such in- Paseing af formation as was in their power. The upshot of this, no doubt, Ordinance was the passing, on the 31st July, of Ordinance No. 14 of 1856 tsieas” (relating to Fees and Costs). the result, On the 10th May, Lieutenant-Colonel Hope Graham,f officer Departure of commanding the troops and a member of the Executive Council, [icutenant- left for England on leave, being succeeded for the time being Graham Leutenant= by Lieutenant-Colonel Franklin Dunlop until the 30th April, cone 1857, when he resumed command and his seat in the Executive Jaen Atte and 1s made Council. a member of the ny] » Je Executive On Monday morning, the 19th May, the extreme penalty of Gxecuti the law was carried out on the person of a Malay named Sama- gyecution of rang, who, at an extra Sessions held on the 3rd May, had been eernabie found guilty of the murder of Chinese girl on the morning “™""" of the 30th March, on board of a receiving-vessel at Swatow, The gallows for this intended victim of the criminal law had Place of apparently been erected some days before the execution, near the north-east corner of the Magistracy compound. The exe- cution was conducted in a most shameful manner, the unfor- * See anté Chap. XIV. § 11, p. 342, t Anteé p. 359, - 386 Ch XVI 6 1. 1856. Samarang’s cruel and disgusting execution. Previous execution spot, The gallows after execu- tions remain exposed to public view. A protest. Ordinance No. 10 of 1856. Lis Perdens and Purcha- sers. Mr, Anstey slancders the Chief Justice. He charges the Chicf Justice with having excceded the bounds of temperance. Sympathetic and indig- nant protest by the community and the legal profession. Mr. Anstey repeats the charge. The Se- cretary of State takes a different view, HISTORY OF THE LAWS, ETC., OF HONGKONG. ttinate man, after having the rope adjusted, being obliged’ to wait whilst efforts were twice in vain made to knock out the bolt, which was only finally performed after the poor wretel had been taken off the gallows and sent to the guard-house, whilst some of the gaol people got the bolt into working order, Such a cruel and disgusting exhibition, the result of apathetic indifference towards the sufferings of the wretched prisoner, and at which humanity might well have shuddered, was by no means unprecedented in the annals of Hongkong. . But, as usual, no one was held to blame. Prior to this execution, a piece of ground lying immediately above thé old Naval Stores had been used as a place for execu- tions, but it having become too valuable to be used any longer for such a purpose, it was sold by the Government and now the place, previously mentioned, had become the “ Tyburn” of Hongkong. There was nothing to be said against the site thus fixed upon by the authorities, but public opinion demanded, on behalf of the ladies and children who it seems at this period made Caine Road a promenade, that at least a screen should be thrown up to hide from their eyes so disgusting and abhorrent a sight as the “ oallows tree.” An important Ordinance passed on the 29th May, was No. 10 referring to ‘‘ Lis Pendens and Purchasers.” The principal matter of interest during this month was a well authenticated rumour that Mr. Anstey, the Attorney- General, had grossly and malignantly slandered the Chief Jus- tice by remarking, at a dinner at Government House, that the Chiet Justice had exceeded the bounds of temperance. This was repeated to Mr. Hulme, who immediately called on Mr. Anste to retract his remark. The profound respect and esteem which was felt for the intended victim of the calumny, and the falsehood of the charge having been most clearly and fully established, a letter of sympathy and indignant protest against the calumny, signed by almost, if not quite, every foreign resident unconnect- ed with the Government, was without delay presented to the Chief Justice, as well as another letter from the members of the legal profession. Mr. Anstey, instead of, like a gentleman (after the evidence which had been adduced in favour of Mr. Hulme, against the base assertion brought to his door) apologizing: for his mistake, on the contrary repeated the charge in most offen- sive language. As will be seen the Secretary of State, to whom the matter was referred for decision, took quite a different view of the facts, and Mr. Anstey now only got his SIR JOHN BOWRING IN THE JOURNAL OF T. RAIKES, ESQ. 387 deserts. The following is an extract from the Secretary ofcn.xv1§ IL State’s despatch upon the subject, dated the 28th August, 1856 :— . “Mr, Anstey avails himself of it” [the appeal to the Secretary of State] “not by expressing his willingness to make the apology which the evidence brought forward on behalf of the Chief Justice seemed to render proper, nor even by simply declining to give that apology, but by a letter, in which he repeats the charge in what I must term very virulent and offensive language, calculated, as far as in him lay, to degrade and vilify his superior func- tionary ; and Mr. Anstey himself repudiates the exeuse that he had only used ordinary freedom in remarking on the Judge’s demeanour on some private convivial occasion, by distinctly stating that the occasion was public, one of ‘high official. ceremony.’ Mr. Anstey stands, therefore, in the position of an officer who has made a charge of serious official misconduct against another superior in position to himself, and refuses to retract or to apologize for it, although his charge is rebutted by strong evidence, and supported, as far as the papers before me show, by none .........-+ natok sewesiena@ents aa Be Mean sean sre My decision on the matter referred to me by both parties as well as yourself is, that Mr. Anstey owes a public expression of regret to the Chief Justice for the language which he has used respecting him; if he refuses to tender it, Iam reluctantly compelled to add, that your duty will be to summon him before the Executive Council, to suspend him from his office, unless some new ground of justification, which I cannot anticipate, is advanced, and to report the proceedings fully to Her Majesty’s Government, with any statement which Mr. Anstey may think fit to make for their ultimate decision thereupon.” Needless to say that after such a severe reprimand as that contained in the foregoing despatch, Mr. Anstey made public reparation to the Chief Justice which avoided the necessity of his being suspended from office, but the people of Hongkong had already been able to judge sufficiently of Mr. Anstey to form an opinion of him, and the hope was now fervently expressed that the indignation which his conduct had aroused'would prove a lesson to him, and that, for the well-being and comfort of the Colony, he would soon be removed to some more congenial spot. A local paper, while reproducing the following extract taken from The Journal of T. Raikes, Esq., Vol. I., p. 248, in refer- ence to Sir John Bowring, the Governor, whose age alone had now begun to disqualify him for the onerous and important position which he held, quite apart from his unpopularity, which was already fully evident, added as a prefix to the document the following words :-—“ The following is the Character given of Sir John Bowring twenty yearsago. There are few people who have had anything to do with His Excellency who will not agree that the likeness.is a wonderful one” * :— “The French Government has made some slight concessions as to the duties on a few articles imported from England, rather to meet the clamour * See Honghong Register, 3rd Junc, 1856, p. 90. 1856, The des- patch. Mr. Anstey afterwards makes public reparation to the Chief Justice. ~ Indignation’ which Mr, Anstey’s conduct aroused, Character of Sir John Bowring ~ from ‘The Journal of T. Raikes, Esquire,’ 388 Ch. XVI $ IL 1856. Mr. Anstey confirmed as a memLer of the Legislative Council. Ordinance No. 13 of 1856. Yung Awing, an articled clerk to My. Parsons, objected to as an interpreter of the Court, Mr. Anstey’s opinion that Yung Awing's appointment incompatible with the provisions of Ordinance No. 13 of 1856, His resizua- tion. Gaol iis. government. Mr. Anstey files a criminal information HISTORY OF THE LAWS, ETC., OF HONGKONG. of the nation on these points, than to promote any new commercial inter. course between the countries. They are in fact unimportant, but Dr. Bow ring, delighted, after three years’ ineffectual pressing and supplication here, te have obtained even this slight relaxation, is gone over to London with the proposal. Of all men, high or low, that I ever met in society, this Dr. Bow: ring is the most presuming and the most conceited. He is a fit charlatan for Whig employment ; pushing and overbearing in his manner, and, like othe parrenus, assuming an official importance which is highly ridiculous. Somc years ago, he was arrested by the French Government at Boulogne and hi: papers seized. Irritated at this embarrassment, he wrote a most violent lette: to the police in Paris, in which, after bitterly complaining of this infraction of the Law of Nations, he concluded by saying, that the Bourbons had com. mitted an act on his person which might hurl them from their throne.” The London Gazette of the 10th June, announced that Mr. Anstey had been appointed a member of the Legislative Council. and on the 26th August he was gazetted locally as having been duly confirmed to the seat to which he had préviously been appointed.* From this date the Attorney-General has had a seat in the Legislative Council. On the 21st June, Ordinance No. 13 of 1856 “ for the admis- sion of candidates to the rolls of practitioners in the Supreme Court, and for the taxation of costs” was duly passed. Under section 7, ‘‘no person bond fide domiciled within the Colony. and who complied with the provisions of the Ordinance, was dis- qualified from obtaining such admission as aforesaid merely by reason of alienage, or that he is by birth a Chinaman.” Owing to the dearth of interpreters, Government recently ob- tained temporarily the services of one Yung Awing, an articled clerk to Mr. Ambrose Parsons, the solicitor, as Chinese interpreter to the Supreme Court. ‘This was strongly objected to because apparently this articled clerk still remained in the service of Mr. Parsons, and though serving in the Supreme Court was still putting in time in Mr. Parsons’ office. On the Ist July, on the opening of the Court, Yung Awing informed the Chief Justice, in consequence of a conversation he had had with the Attorney-General relative to the new Ordi- nance regulating the admission of practitioners in the Supreme Court, that he would feel obliged if the Court would release him from his duties as interpreter, ss the Attorney-General was of opinion that his holding that office was, as laid down in the Ordinance, incompatible with his position as articled clerk to Mr. Parsons, ‘The Court acceded to the request. On the many startling events which had recently occurred in connexion with the administration of justice in this Colony since the advent of Mr. Anstey, one that was most likely to bring him into further disfavour, thereby justifying the '* See ante p. 371, EXTRAORDINARY CHARGES AGAINST THE SHERIFF BY MR, ANSTEY. 389 prediction of The Liverpool Albion at the time of his appoint- Ch. Xv1 § 1. ment that “he had gone to the Celestials in a diabolic frame of mind,” * was the case which he now instituted against Mr. W. H. Mitchell, the Sheriff, for an alleged misdemeanour in his capacity of Sheriff. The charges were for misdemeanour in extorting, or causing and inciting others to extort, njoney from prisoners in his custody a3 Sheriff, and were set forth in an information containing thirteen counts,—an ominous number. The facts shortly were these. On the 1st March last six of the prisoners concerned in the Kast Point murder, previously reportcd,t were sentenced to death, and against one sentence of death was recorded. At a subsequent inquiry before the Governor and Executive Council, one prisoner was pardoned, and the one against whom death was recorded and the five others who were sentenced to death had their sentences commuted into transportation for life. It was the custom in the Gaol at this time, as is indeed believed to be the universal custom throughout the British Dominions, to give a somewhat better and more nourishing diet to prisoners under sentence of death. On the return to Gaol, after their condemna- tion in the Supreme Court, of the six men alluded to above, and of the two others also condemned to death as referred to before, the Sheriff in the usual manner intimated to the Chinese turn- key, who had held that situation six years and who previously had had many condemned prisoners under his charge, that the prisoners under condemnation were to have the very best rations, naturally believing that the turnkey’s experience in such cases would be sufficient for him. Such in fact had been the custom in the Gaol. The requisition for such extra allowance had been duly made, allowed, and the money paid in all former cases, and these ar- rangements for such extra allowance had always been made through the contractor who supplied the Gaol with provisions. What induced the turnkey in this instance to deviate from the usual custom did not appear on the evidence. He did so, how- ever, for, on intimating to the prisoners that they were to have the best ‘chow,’ the latter sent him to a cook-shop each day with a bill of the next day’s fare regularly drawn out. The turnkey told the owner of the cook-shop that the provisions were wanted for the Government Gaol ; to which the reply was : “T never deal with foreigners, and shall not supply the food unless you make yourself responsible.” The turnkey agreed to become responsible, and the food was supplied. Under these arrangements, the fare, asked for and supplied, was of the most * Anté p, 369, t Anté p. 376, 1856. against the Sheriff, Mr. Mitchell, for a mis- demeanour. The charges. The facts. 390 HISTORY OF THE LAWS, ETC., OF HONGKONG. Ch. XVI § U1. luxurious description, and the expense incurred as large as that 1856, Mr. Mitchell advised certain prisoners to write to their friends for money to pay for certain charges. Mr. Anstey makes an inquiry, incurred by most respectable Europeans. About the 18th of the month it became known to the Gaol authorities that the six ‘East Point’ prisoners would not be executed, and they were immediately placed on the usual gaol rations, while the extra rations were continued until the 26th to the other two prisoners, on which morning they were executed. At the end of the month the bill from the cook-shop, amounting to two hundred and -twenty-scven dollars, was presented to Mr. Mitchell on the Bench during an interruption of business. He, indignant at what he conceived to be an attempt to extort money from the Government, tore it up and told the turnkey, who brought it to him and in whose name it was made out, that the Government would pay as usual the one shilling per man per diem, and nothing more. The requisition was sent in on these terms, passed, and the vouchers amounting to £7. 2s. Od. made out. ‘This sum was tendered to the owner of the cook-shop and by him at first refused, but afterwards accepted as part payment of his bill. As, however, he kept dunning the person he consi- dered his debtor, the turnkey, the latter spoke to Mr. Mitchell who replied that the Government would not pay anything more, but added that the Gaoler might, if he liked, speak to the men fo get their friends to pay some of the money to help the owner of the cook-shop. The Gaoler did speak to the prisoners, and this constituted the indirect attempt at extortion alleged, in the first six counts, to have been committed on the 6th April by Mr. Mit- chell. This application, however, if made, was not successful. On the 13th April, the direct attempt at extortion was made, as’ alleged in the next six counts, and the promise held out of favour and protection as alleged in the last count. The attempt was made in this wise: Mr. Mitchell came to the Gaol and, at the request of the turnkey, went and spoke to the five prisoners, one, it will be remembered, having received afree pardon. The Gaoler, Mr. McKenzie, was present. Mr. Mitchell recommended the men to write to their friends toask them for some money to pay the cook-shopman, adding as a further inducement that otherwise the turnkey would be held liable. Mr. Mitchell then went away and had no further communication with the prisoners. These were, shortly, the facts of the case. It may be added that upon reports of this matter reaching Mr. Anstey’s ears, he at once proceeded to make an inquiry in which Mr. Mercer, the Colonial Secretary, took part, but at which Mr. Mitchell, the official most interested, was never present, or allowed even to attend, though his subordinates were examined, and the result of which led to the institution of the charges described above. While the inquiry was being conducted, Mr. Mitchell, SIR JOHN BOWRING AND MR. MITCHELL. 391 feeling no inclination to lie under the imputation of having acted ch. XVI § 11. illegally as Sheriff, laid his case, in a letter dated the 6th June, 1880 before the Secretary of State, and on the same day the Attorney- , General, receiving no instructions from the Government to proceed, by @ singular coincidence, recommenced operations by appointing an interpreter to meet him at the Gaol. Having made his inquiry, he made his report, and at this point instead of stepping in and commanding the Attorney-General to stop all further proceedings, as the matter was for the present at all events out of the hands of any one in the Colony, the accused having appealed to the Secretary of State, Sir John Bowring stood still sir Jon and allowed the strife to go on between Mr Anstey and Mr, Bewrie’s. Mitchell, who now had, on his part also, instituted a charge of indifference. malicious slander against Mr. Anstey for saying that he (Mr. Mitchell) had been guilty ‘‘of gross magisterial delinquency.” On the 11th June, in acknowledging receipt of Mr. Mitchell’s appeal to the Secretary of State, the Governor informed him that “he was doubtful of his power to control the Attorney- He is General in his capacity of Grand Juror when making a prelimi- eae nary investigation, and that he was sorry to learn that a war of to control mutual attack was being carried on between himself and the (eAttomey- Attorney-General, which whatever else may be the consequences The war of could not but bring with it much scandal and opprobrium,” mutual and ended by desiring that some means be found of terminating between these “‘ unhappy discussions.” ae Anstey. Mr. Mitchell, in reply, on the 16th June, stated that he was Mr. Mitchell intorms only defending himself against the attacks of Mr. Anstey, who gps he said, alone was responsible for the scandal. Bowring he is only defending On the 19th June, the Governor directed Mr. Mitchell to be fo ae informed that he “had also become aware that a criminal infor- yer ; mation had been filed against him by the Attorney-General, attacks. while, according to rumour, a civil action for defamation at Mr. pas ag Mitchell’s suit was pending against the Attorney-General.” reply to Br. The letter then proceeded :— ae “The public seandal which is associated with these disputes between two es gentlémen of high official rank is, if possible, most desirable to avoid, and it qefamation is His Excellency’s most earnest wish that these actions should not be against Mr. allowed to proceed, and for the accomplishment of so desirable a result His Anstey. Excellency will be happy to lend his aid.” To this letter, Mr. Mitchell on the 21st June replied a eng “that the difficulty in hand admitted of no compromise, Bedale and he demanded as a right that the criminal information aificulty filed against him be ‘prosecuted to final judgment as affording admits him an opportunity ofclearing his personal honour of a foul compromise, 392 Ch. XVI § II. 1856, Case against Mr. Mitchell by Mr. Anstey fixed for hearing. In the case of Mr. Mitchell against him for slander, Mr. Anstey makes an affidavit of no confidence in Hongkong special jurors, He asks for a common jury. The affidavit, The prayer refused, A gross libel upon the special jurors. The hearing of Mr. Anstey’s HISTORY OF THE LAWS, ETC., OF HONGKONG. scandal.” In the meantime the case against Mr. Mitchell by the Attorney-General for attempt at extortion was fixed for hearing on the 25th June, and on the 12th June, in the case against him by Mr. Mitchell for slander, Mr. Anstey made an affidavit to the effect that he had no confidence in the decisions of Hongkong special jurors and prayed that the case might be tried before a common jury. The follow- ing was this strange document :— In the Supreme Court of Honghong. Between William Henry Mitchell, Plaintiff’; and Thomas Chisholm Anstey, Defendant. I, Thomas Chisholm Anstey, Attorney-General in and for this Colony, the above-named defendant, make oath and say as follows :— 1. In the discharge of my official duties as such Attorney-General and also as member of the Legislative Council, and of the late Praya Commission, I have unavoidably incurred much personal ill-will from the holders of Crown lots, and owners of house property in this Colony, which ill-will is at this present moment much exasperated by the course I have taken and am taking for amending and making effectual the law for the suppression of certain nuisances. ; 2. I am informed and believe that the Special Jury list of this Colony is made up and consists chiefly or entirely of the holders of Crown lots and owners of house property aforesaid. 3. I cannot safely go to trial in the above action at law before a special Jury under the cireumstances aforesaid, the same having a natural and_in- evitable tendency to bias and prejudice against me the minds of such a Jury even unconsciously on their part. (Signed) T.C. Ansrry, a.-c. Sworn at the Court House, Victoria aforesaid, the twelfth day of June, A.D, 1856. Before me, (Signed.) W. H. Anexanper, A Commissioner, ete. This affidavit at all events, if nothing else, disclosed the opinion in which Mr. Anstey believed he was then held by: at least the more respectable portion of the community. Needless to say that the prayer was, of course, refused by the Chief Jus- tice. Complimentary as the application appeared to the gen- tlemen who formed the common jury, it was looked upon as a gross libel upon the special jurors and as such severely criticized and looked upon as a compliment paid to the common jury at the expense of throwing a gross insult in the face of the Governor and the Legislative Council, who had appointed the gentlemen in the list to act in the capacity of special jurors. Accordingly, on the date fixed, the 25th. June, the case against Mr. Mitchell was called on ; it lasted three days, Mr. RESULT AND VIEW OF MR, ANSTEY’S CASE AGAINST MR. MITCHELL. 393 Day appearing as counsel for Mr. Mitchell and Mr. Parsons as Ch. XVI § IL. his attorney. The evidence only supported the fact that Mr. 1886 Mitchell had made a suggestion, which was admitted ; any case against threat or promise was totally disproved by the contradictory “™ "itchell evidence of the witnesses for the prosecution. At the conclu- oon sion of the Attorney-General’s address (in the course of which he had compared Hongkong to “a petty Colony cram full of abuses and oppression, but no man would speak out because sr. Anstey’s there was no community of feeling of wrong ; there was mutual bea distrust ; there was no Government ; there was no society ; for address Government there was anarchy* and for society caelus latronum,” tp", ngkong and that “he was not there to defend the Government for affairs and not ordering this prosecution, and that he was not there to Pal censure them for not doing so”), the Chief Justice intimated = that, as the evidence was very voluminous and would take a considerable time to read over, he would adjourn the Court till the next day. The jury after a short conference said they did not require The Jury request the the evidence to be read over, but if His Lordship would give his opinion of opinion on the law of the case, they might bring in a verdict. eee The Chief Justice thereupon ruled that a mere suggestion by the law of the Sheriff to the prisoners to write for money or to raise a ao money to pay the cook-shop for extra provisions supplied them Justice. in Gaol could not be considered an attempt at extortion in the ules ne legal acceptation of the term. The jury thereupon returned suggestion an unanimous verdict of not guilty which was received with by the 4 C : Sheriff to great applause by the great body of Europeans present in Court, prisoners to which the Judge, however, put a stop to. Thus terminated tise money | this serious case brought against a high public official, under- supplied taken and carried through by Mr. Anstey, as Attorney-General, (mon, in the name of public justice, against the expressed wish of the an attempt Government, and which on trial, dwindled down to as paltry, * torte i aa i : Verdict of vindictive, and contemptible a prosecution as ever was brought not guilty in a Court of Justice. st : : a f applause, Of the necessity of inquiring into such a charge, there could a paltry, vo " : : vindictive. have been but one opinion, and bad Mr. Anstey, who imagined Tcl’ he had discovered the ‘attempt to extort,” conducted himself temptible in a fair and open manner, he would have been well entitled to **"°™ the thanks of the public, let the inquiry have resulted in what manner it would, especially if, at the inquiry, the accused had been confronted with his accuser and his witnesses. As it was, Defeat well merited, * Mr, Anstey had evidently forgotten that he had scarcely been here a month before he had quarrelled with both Mr. Mitchell and Mr. Hillier; that there was a mutual scene of crimination between the three in the Supreme Court, in which Mr, Hillier earnestly requested the Chief Justice to check Mr. Anstey in the use of that unsparing abuse and censure with which he was so ready to attack every one (anté p. 379), and which the Chief Justice himself now knew so well to his cost. 394 Ch, XVI § U, 1356, ‘Public opinion. The whole society of Hongkong convulsed in quarrels, The Chief Justice takes the Bench at noon owing to bad health. Mr, Anstey objects. The jurymen approve as a protest to the Attorney- General's action. Their letter, HISTORY OF THE LAWS, .ETC., OF HONGKONG. it was perfectly impossible to imagine that any other result could have been arrived at than that to which the jury came, and the defeat was well merited. Upon the result of the case, a leading paper of the time con- cluded with the following by no means misplaced remarks :— ‘¢ By the pursued course we have the Government hurried into action and defeated, before the reference Home has travelled the quarter of its journey to its destination. Suppose the Secretary of State orders an inquiry, he is too late ;—the case is closed, and his despatch waste paper, and all through the extreme foolish imbecility of the Governor. On these facts, as set forth in the letters in evidence, we ask is such a man fit to be Governor? Of Mr. Mercer, the'Colonial Secretary’s conduct in the matter we are not, from what appears on the face of the evidence, inclined to speak harshly, but he must have seen where the head-strong course of the Attorney-General was leading the Government, and had he been a man of more power of mind he would have forced the head of the Government to stop the Attorney-General’s rash career as a direct and positive insult—not only to him, but to the Secretary of State for the Colonies, by taking from out of the hands of the latter, a ease which had been particularly referred to him.” Mr. Mitchell’s case against Mr. Anstey for slander was not yet ripe for hearing, and, as will be seen, did not come on until the latter end of August.* Meanwhile the whole society of the Colony was convulsed in quarrels, in consequence of the high moral tone taken by the new Attorney-General and his determination to effect reforms or improvements at whatever cost, according to his own fancy. The Chief Justice, probably owing to the state of his health, had begun latterly taking the Bench at twelve o'clock instead of at ten, thinking at the same time that this would not be ob- jected to by the jury or the public generally. The Attorney- General, however, strongly objected, which conduct met with the disapproval of the community and the presentation of a letter ‘by the jurymen approving of the Chief Justice’s step as a protest to the Attorney-General’s opposition. This goes to show the respect and esteem in which Mr. Hulme was held. The following was the letter :— Hongkong, 26th June, 1856. “To the Honourable Jonn Waiter Hume, Esq., Chief Justice. Sir,—Having heard that the Honourable the Attorney-General objects to the Court commencing its sittings at twelve o’clock, on the ground, among others, that it is unfair to the Jury, we, the undersigned Jurymen, beg to state that we are more satisfied with the present hour of opening than we would be with any earlier hour for the following reasons :— First,—1t enables us to devote the morning to our business. * Sce Chap. XVI, infra, THE SECRETARY OF STATE AND THE LEGISLATIVE COUNCIL. 395 Second,—Because six gentlemen having been chosen as jurors, the other Ch, XVI § IL four are permitted to go about their own affairs, and are not detained the whole morning, as under the early opening system, waiting the chance of their being called on the afternoon jury.—We have the honour to be, Sir, Your most obedient Servants.” As may be seen, jurymen in those days when not in the box were not discharged as now till the afternoon, but apparent- ly kept waiting until required to sit. It is not said what Mr. Anstey thought of this manifestation of good-will towards the Chief Justice. For some time past it had been rumoured that the Chief Justice might retire at an early date provided some difficulty about a pension were satisfactorily settled. In conse- quence of this an Indian paper, while commenting upon Mr. Anstey whose idiosyncrasy had reached that part of the world, alluded to the possibility of his succeeding to the Bench and said that ‘“ Lord Palmerston took a fine revenge on Mr. Chis- holm Anstey by appointing him to Hongkong.” As to the rumour that the Chief Justice was retiring or who his successor would be nothing was known positively. He had filled the office since the establishment of the Supreme Court during the last twelve years, had gained the respect, esteem, and affection of every member of the community, and had always been looked upon as the great safeguard and_bul- wark of the liberty of the Colonists and the English in China “against the efforts of Governors and Superintendents of Trade that somebody or other’s ‘ fine revenge’ had inflicted upon them in the shape of Sir John Davis and Sir John Bowring,” quite apart from Mr. Anstey who had now succeeded in putting nearly every man in Hongkong against him. At this period the Legislative Council of the Colony con- sisted of the following official members: the Governor, the Lieutenant-Governor, the Chief Justice, the Colonial Secretary, the Attorney-General, the Colonial Treasurer, and the Chief Magistrate of Police, and of the following unofficial members, Messrs. Jardine, Edger, and Lyall. Mr. Labouchere, the Secretary of State, writing to Sir John Bowring on the 29th July, informed the Governor that “he could sce no objection to a moderate increase in the number of the Legislative Council, if the Governor thought that desirable, and that he approved of the steps which he had taken in lay- ing the Estimates before that body, and inviting their obser- vations upon the items of public expenditure.” 1856, Practice of keeping jurymen waiting when not in the box. Manifesta- tion of good-will to the Chief Justice, Mr, Anstey and Lord Palmerston’s fine revenge, Loeal view of the Chief Justice at this stage and of Mr. Anstey, Mr. Labou- chere, Secretary of State, informs Sir John Bowring he has no | objection to a moderate increase in the number of the Legislative Council. Secretary of State's approval of Estimates being laid before Legislative Council, 396 CHAPTER XVII. 1856-1857. SECTION I. 1856. Neceasity for a Puisne Judge and new Court House mooted.—The Chief Justice.—Th hall of the Supreme Court described.—Point of practice. Precedence of cases for hearin settled.—The ‘Buildings and Nuisances’ Ordinance, No. 8 of 1856.—Mr. Mitchell and th interpretation of the Orcdinance.—Opposite construction given by the Justices to th opinion of the Attorney-General. Dismissal of a Crown casc.—The Magistrates refuse t issue summons on fresh complaint by Surveyor-General— Mandamus granted by Chic Justice, who expresses views opposed to the Justices.—Governor's memorandum to th Justices.-The Justices protest against any interference with them in the discharge c their duties ——-Ordinance No. 15 of 1856, amending the Jaw of Evidence and Trial,by Jury —Act 18 and 19 Vict. c. 42.—Ordinance disallowed.--The Police and gambling. Polic Constable Randolph charged with extortion.—His confession. Mr. Anstey upon Polic delinquencies.—The Attorney-General’s suggestion about a Police Constable’s numbe and cap ‘crown’ approved by the Chief Justice.—The libel case of Mitchell v. Anste (Attorney-General).—Verdict for the defendant.—-The facts.—Mr. Anstey having no cor fidence in the Stipendiary Magistrates asked a Justice of the Peace to sit with him.—M Anstey concludes his speech in an abusive style. He mentions Sir Wm. Molesworth an the conditions of his appointment.—The speech.—The jury find the communication privileged one.—Sir John Bowring’s demeanour.—The picture of an Attorney-General, a defendant in an action for libel.——Unique in all scandals of the Government of the Colonie: —Mr. Anstcy’s estimation of the special jury.—The London Morning Advertiser upon th result of Mr. Anstey’s case against Mr. Mitchell.—A mean attack.—Mr. Anstey suspected —Hongkong ‘the noisome scandal of the Hast.’--Local valedictory opinion of the Chie Justice—Mr. Anstey goes to Shanghaii—The Royal Asiatic Society. Paper by Mi Anstey “‘on the administration and. value of judicial oaths amongst the Chinese.”— Differ ences between the Governor and the Justices of the Peace.—Public meeting.— Ordinanc No. 8 of 1856.—Ordinance No, 14 of 1856, sec. 12.—The publication in future of every draf of Ordinance —Mectings of the Legislative Council to be held with open doors.—Th Police.—The Chinese complaint against Indian Police.—-Governor considers the complaint against the Police well founded.—Sunday desecration. Government Notification.—Deat: of Mr. Jardine, M.L.c.—Arrival of Mr. Davies, Clef Magistrate.—State of affairs in th Colony.--Messrs. Mitchell and May as Magistrates.--‘The Governor and the governed a sixes and sevens,’--Mr, Caldwell taken into the service again.—He is appointed Registrar General ana Protector of Chinese. General Interpreter, and a Justice of the Peace.—Wha Mr. Caldweil’s re-employment afterwards proved to the Government.—Mr, Ansicy return from Shanghai.—Ordinance No. 8 of 1856.—Forty-four persons sammoned.—Mr. Anstey a a Police informer.—He sits by the Magistrate.--Heavy fines and committal to prison.— Demonstration by the Chinese, -—Police reinforced by military—Government Proclama tion.—The Proclamation a perversion of language.—Feeling of Chinese against loca authorities.—List of grievances formulated.—End of “ Anstey Riot.’— The Governor noti fies to the Chinese Mr. Caldwell’s appointment as Registrar-General and Protector of Chi nese.--The large powers given to Mr. Caldwell.—Arrival of Mr. Hickson, the first Crow: Solicitor.—He is also gazetted as Deputy Sheriff, Coroner, and Queen’s Proctor.—M) Gaskell relinquishes Queen's Proctorship.—Resignation of Mr. Hickson.—Mr. Coope Turner appointed Crown Solicitor.--Mr. May, Coroner and Deputy Sheriff.— Royal Asiati Society. Mr. Anstey’s paper — Did Alexander the Great in the course of his conquest ever reach any part of the Chinese Empire.”—-Free pardon to Wong Ashing convicte of piracy.—Lanterns and night passes.—Increase to Police Force.-~Auxiliary force c European scamen prisouers.—Special Constabulary Force.—Meeting at the Chief Magis trate’s office, —The Attorney-General and the form of oath taking by Special Constables, Voluntary enrolment,—Further increase to European Police Force, 397 SECTION II. 1857. Insecurity felt by the community.--Orllinance No. 2 of 1857.—Scrvices of Mr. May given solely to the Police—His magisterial duties how pcrformed.—Honorary Degree of D.C.L. conferred on Mr, Bridges——Government Notification regarding persons out of employment.— Military officers gazetted Justices of the Peace.—Mr. Anstey elected Vice- President of the Royal Asiatic Society. The military officers withdrawn from the Commission of the Peace.—The thanks of the Government.—The indignant letter of one of the officers.—Mr. Anstey acts the part of a Police Constable.— He gives a Portuguese gentleman into custody and prosecutes him for alleged obstruction.—His evidence.-—The case is dismissed.—An unnecessary piece of severity.—Strictures upon Mr, Anstey.— An amateur constable.—Cheong Ahlum. Atrocious attempt to poison the foreign resi- dents of Hongkong.—The ‘Hsing’ firm.—Cheong Ahlum’s departure for Macao.—His arrest.—The sufferers.—The preliminary investigation at the Central Police Station.— The Justices who conducted the inquiry—Cheong Ahlum and others committed for trial.--Dr. Bridges, Cheong Ahlum’s counsel, moves the Court that money found on Cheong Ahlum’s premises be given up to pay for his defence.—Attorney-General objects—Trial of Cheong Ahlum and others.—The Attorney-General denounces Dr. Bridges for violating professional etiquette——The Chief Justice’s ruling.—Barristers to receive their fees through their attorneys.—The evidence in the case.—The Attorney- General upon the case. ‘Better to hang the wrong men than confess that British saga- city and activity have failed. to discover the real criminals.’ Dr. Bridges’ argument.—Dr. Bridges and his friend, Mr. Mercer.— Verdict of not guilty.--The Chief Justice’s summing up. ‘Hanging the wrong man will not further the ends of justice.’—The Chief Justice acquiesces in the verdict of the jury. —The honour of the British name.—Aftcr discharge the prisoners are re-apprehended as suspicious characters,«-Ordinance No. 2 of 1857.—The Chinese and the prisoners.—Voluntary banishment of the prisoners asked for.—Petitions and counter-pctitions in respect of Cheong Ahlum and the other prisoners.—The petitions. —Government decide to keep the prisoners. The crowded state of the Gaol induces the Government to release all except Cheong Ahlum.--Sccretary of State’s instructions. Cheong Ahlum allowed to leave Hofigkong unless fresh facts forthcoming.—The despatch.--Sir John Bowring’s reply to the despatch.—The complaint of Mr. Murrow to the Governor against Mz. Anstey regarding alleged insinuations in Cheong Ahlum’s case.—A Chinaman sent to prison for trying to bribe a juryman in Cheong Ahlum’s case. —The detention of Cheong Ahlum and confederates in the Police cells, Public indignation.--The ‘Black Hole’ of Hongkong.—Acrimony in England upon the sub- ject.—The ‘den’ episode and the personal attack on Mr. May.—Government officers and their interest in landed property.—Money-lending by public officers at high rate of interest, and the late Sheriff Holdforth.Hymn of thanksgiving composcd by Sir John Bowring.— His letters containing accounts of the poisoning case. Ch, XVII § 1. Tur necessity for a Puisne Judge and a new and more suitable Necessity Supreme Court House was now mooted for the first time. The Pee, a July Criminal Sessions, after lasting some time, was adjourned new Court on Saturday, the 26th July, to Thursday, the 31st, and again to cen the Monday following, the usual sitting of the Court in sum- mary jurisdiction on the first Friday in the month causing the delay. With the large number of cases usually in the list with a sitting in Nisi Prius, when that list was got through and the Criminal Sessions, the business of the Court was heavy enough for the employment of a second Judge. The Chief Justice, it The Chief was pleasantly remarked, had exhibited as yet no symptoms of ae flagging under the work, but yet it could not be denied that the 3 necessity existed for another Judge.* The hall of the Supreme The hall Court is thus described by a local paper for the benefit of its aoe readers at Home :— Court described, “ Readers at a distauce can imagine what we have to endure when we tell them that the upstairs room on the Queen’s Road, honoured with the name of ‘Supreme Court House,’ has its ceiling about three feet above the tops of * See Vol, 11, Chap. XXXVIT. 398 HISTORY OF THE LAWS, ETC., OF HONGKONG. Ch. XVII § Lthe windows—windows at one end of the room only—the south, whence 1856. Point of practice. Precedence of cases for hearing s.ttled. The ‘Build- ings and Nuisances’ Ordinance, No. 8 of 1856, Mr. Mitchell and the interpreta- tion of the Ordinance, a breeze seldom comes, has two doorways, and two small punkahs, one over the Judge’s seat and one over the Jurors’, and in this room, in the sul- try months of July, August, and September, we are expected to remain for seven or eight hours at a sitting, every inch of spare room behind the dock being filled with unwashed, steaming, Chinese, the pestiferous effluvium from whose presence would make a candle burn dim if the experiment were tried. A juror in a weak state of health would prefer paying a hundred dollars fine than, with such sum for medical attendance, have the discomfort of a double physicking—physic in and physic out of Court.” With slight occasional improvements in connexion with the arrangements inside the hearing hall and the roof of the Court, in spite of repeated complaints, things continue pretty well in- the same state to this day.* At the commencement of the summary jurisdiction sittings. on Friday, the Ist August, 1856, one of the suitors asked the Court why the case in which he was concerned had been placed at the bottom of the ligt and subsequent applicants been allowed precedence of him, The Registrar, Mr. Alexander, explained. that it had been the custom to arrange the list according to the amount sued for, so that a suit for $500, though entered at the last moment, came on for trial first. The complainant said he thought such a course of proceeding very unfair—his time was equally valuable with that of other suitors, and yet he might be kept dancing attendance upon the Court, it might be the whole day. The Chief Justice told him he might go and that he would be sent for when his case was reached, which as it happened was not before seven o’clock in the evening. He was then in- - formed by the Chief Justice that, after consideration, he had instructed the Registrar in future to enter all plaints in the list in the order of application, regardless of the amounts. The new Buildings and Nuisances Ordinance [No. 8 of 1856] had caused a great deal of heart-burning in the community at the time of its promulgation, especially amongst the Chinese.. ° The Magistrates seemed at loggerheads as to its correct inter- pretation, and in a recent case the acting Chief Magistrate, Mr. Mitchell, finding the interpretation of the Ordinance difficult, if not beyond his powers, called to his assistance several of the non-official Justices, although the Attorney-General afterwards alleged that Mr. Mitchell was well aware of his (the Attorney- General’s) opinion when he consulted the Justices. Four of these attended, and after mature consideration decided for the defendant * On the subject of the Supreme Court House, see anté Chap. X1., p. 237, and refer- enccs there given, and Chap. XVIII., infrd. Besides these references, see also in Vol. II. Chaps. LIII., LXXIII; LXXXIII., LXXXVII.. LEXXIX., and XCLII., ivfrd. t See Mr. Anstey’s acknowledgment of this in para. 1 of his affidavit—anté Chap. XVI. § IL, p. 392, SIR JOHN BOWRING REPRIMANDS THE JUSTICES OF THE PEACE. 399 and against the complainant, theacting Surveyor-General, Captain Ch. XVII § 1. Cowper, as plaintiff on behalf of the Crown, and consequently in direct opposition to the construction put upon the words by the Government, and the meaning which the framers of the Ordinance evidently intended it should, but which the Magistrates con- sidered it did not, convey. The case was consequently dis- missed, but upon a fresh complaint against the same party being brought by Captain Cowper, the Stipendiary Magistrates refused to issue the summonses on the ground that the case had been already decided. A mandamus, at the request of the Government, was there- upon applied for on the 15th August by the Attorney-General, and granted by the Chief Justice, to compel the Magistrates to do their duty, His Lordship at the same time expressing a view opposed to that of the Justices of the Peace, namely, that the Ordinance had a retrospective tendency. ‘lhe Governor, ex- pressing dissatisfaction at the course adopted by the Justices, which had compelled the Supreme Court to be moved as above stated, issued the following memorandum to the body of Jus- tices in the Colony :— MEMORANDUM. In a Commission issued, on the 4th October, 1855, by His Excellency the Governor, thirteen gentlemen were nominated Justices of the Peace, they not being invested with other official authority. The number has been aug- mented by subsequent Commissions to fifteen in all.* His Excellency has caused a return to be made of the number of attend- ances, at Petty Sessions since the time of the issuing these Commissions. He finds that one gentleman has given six attendances, five gentlemen have given two attendances, and two gentlemen one attendance, while seven gentlemen have given no attendance since their appointment. He has to remark that there have been only two occasions on which more than one Justice has assisted the Stipendiary Magistrates with their presence and advice. On these two occasions four Justices attended, three of whom for the first time since they were sworn in. They are stated to have been present at the special request of the Acting Chief Magistrate—and on the first of these occasions (the 23rd May) there was as it appears a unanimous concurrence in a decision by which, in the judgment of His Excellency, the obvious intent and meaning of the law were abrogated and annulled by the action of the Bench. On the 2nd June, invited again (as is officially reported) specially by tho Acting Chief Magistrate, three of the Justices who had been present at the sitting of 23rd May, and another Justice who took his seat then for the first and only time in which he has ever acted, formed the Bench, and these Jus- tices again supported the Chief Magistrate in his determination not to give effect to the law. His Excellency is informed that one of the Justices pre- sent—a member of the Legislative Council—distinctly pointed out to his colleagues the error which had been committed on the 23rd May and which * See reference to these Commissions, anté Chap. XVI. § 1, p. 363. 1856, Opposite construction given by the- Justices to the opinion of the Attorney- General. Dismissal of a Crown case. The Magis- trates refuse to issue summons on fresh complaint by Surveyor- General, Mandamus granted. by Chief Justice who expresscs views opposed to the Justices, Governor's memoran- dum to the Justices, 400 HISTORY OF THE LAWS, ETC., OF HONGKONG. Ch, XVII § I. had been the subject of reference to the Legislative Council. That gentle- 1856, The Justices protest against any interference with them in the discharge of their duties, man, of course, dissented from the conclusion by which a majority co-operated with the Chief Magistrate in his extraordinary course of proceeding. For the maintenance of that supreme authority of the law which, in the great interests of the whole community, every Government is bound to pro- vide for, and of which all Justices of the Peace are expected to be instru- ments and auxiliaries, His Excellency directed an application for a mandamus against the Acting Chief Magistrate to be applied for to the Chief Justice in the Supreme Court of the Colony, which mandamus has been granted by His Honour, calling upon the Chief Magistrate to enforce the law. Its granting was accompanied, as His Excellency is informed, by a declaration from the Bench that “the magisterial decisions were against the law,” and a prompt obedience was recommended to its requirements. His Honour expressed a hope that there would be an immediate and satis- factory return to the mandamus, showing that there is no-disposition to over- turn the authority of the law, but rather to give effect to its provisions, His Excellency concurring in that wish, and desirous of promoting that unity of purpose and of action, which should undoubtedly be the object of all who are invested with public authority for the maintenance of law and order, has directed this memorandum to be circulated among all the Justices of the Peace. , By Order of His Excellency the Governor, with the concurrence of the Honourable Members of the Executive Council. (Signed) L. pE ALMADA E Castro, Clerk of Councils, Government Offices, Victoria, Hongkong, 19th August, 1856, Addressed to— The Honourable W. T. Mercer, Esq.; The Honourable J. F. Epcrr, Esq.; Cuares May, Esq.; JOSEPH JARDINE, Esq.; Grorer Lyatt, Esq.; Joun D. Gisp, Esq.; Cuares F. Stixt, Esq.; R. 8S. WaLker, Esq; JOHN Rickert, Esq.; Captain T. V. Warkins, n.N.; W. H. Mircue tr, Esq.; R. C. Antrosus, Esq.; T. C. Lestre, Esq.; Ancus Fiercner, Esq.; A. C. Macrzan, Esq.; Witti1am Lamonp, Esq.; The Honourable T. C. Anstry, Esq.; Sam. Gray, Esq.; Joun Scarru, Esq. This memorandum, of course, called forth an indignant denial from the four gentlemen, followed by a letter from their brother-Magistrates in which they rebutted the charges made against themselves and informed the Governor that they con- sidered the language used by him iv his memorandum towards ‘ SIR JOHN BOWRING AND THE JUSTICES. 401 the acting Chief Magistrate ‘and the Justices who acted with ch. Xvi § 1. himas “tantamount to a charge of deliberate perversion of 255, justice, and violation of their oaths of office?’—a charge they felt bound to inquire into; and the determination they had come to was, that the “allegations made by His Excellency had no foundation whatever,” adding that, in the conduct of the Justices in question, they could perceive nothing but an anxious desire to assist the Stipendiary Magistrate “to render his deci- sion as accurate and sound as possible.” They further accused Sir John Bowring of unconstitutionally and unjustifiably attempting to interfere with, and dictate to, them in their judi- cial capacity, and emphatically protested against such conduct on his part. Of course, all this was denied by Sir John Bow- ving, who disclaimed any intention of acting in the way ascribed to him. This open rupture between the Justices and the Gov- ernor at any rate, if it had no other effect, had that of awakening the Justices to a sense of their duty from the apathy into which they had sunk. Ordinance No. 15 of 1856, amending the Law of Evidence and Ortinance Trial by Jury, was passed on the 22nd August, 1856. The princi- tgz0, ia pal heads were—(1) The extension to this Colony of the Statute amending | 18 and 19 Vict. c. 42 relating to oaths administered and notarial Tivldenes: acts done by Diplomatic and Consular Agents; (2.) The ad- snd tral mission in evidence, upon proof, of all instruments filed or ee oe recorded in a Foreign Court or Consulate ; (3) The admission of 19 Vict. ¢. 42, depositions in cases where the witness is absent from the Colony or unable through illness to attend ; (4) The abolition of oaths by heathen witnesses, unless the Court in its discretion orders them to be sworn ; (5) Indictment for perjury may follow any conflicting statements on the part of witnesses, or immediate fine or imprisonment, at the discretion of the Court ; and (6) The number of jurors summoned for each Sessions to be increased from ten to eighteen, so as to enable the Court to make up a second jury panel in case of necessity. It may be remarked if this Ordinance had been allowed, it would have done away with the farce of burning paper in relation to Chinese oaths* and probably led to the adoption of the only mode by which Chinese Ordinance can be sworn. But the Ordinance was disallowed by Proclama- “we tion of the 23rd May, 1857. The Police At the Criminal Sessions held on the 25th August, a Eu- te Bias ropean Police Constable named Randolph was charged with biing. extortion and demanding money with menaces from persons Police who, he alleged, were gambling. The accused in his defence fandolph said it was a well known fact that “it was the usual practice charged ‘| we x with cxtor- for Chinese to pay $10 or $5 for their release whenever arrested tion, * See anté Chap. XI. § IL, p. 310. 402 Ch, XVI §.T, 1856, His confes- sion. Mr, Anstey upon Police delinquen- cies. The At- torney- General's suggestion about a Police Constable’s number and cap ‘erown' approved by the Chief Justice. The libel case of Mitchell v, Anstey (Attorney- General). Verdict for the defendant. The facts, HISTORY OF THE LAWS, ETC., OF HONGKONG. by the Police for gambling.”* The Attorney-General, in address- ing the jury, said it seemed to him that every facility was aftorded to the Police to roam about the Colony when off duty to plunder whom they pleased; they were permitted to go about in disguise, and all they had to do, when an opportunity offered, was to pull the Crown out of their pocket and say “I ama Constable’?! thus effectually avoiding detection. And though attention had been drawn to this state of things in the case of Constable Brady, tried at the March Sessions,f on which occasion it had been recommended by him (the Attorney- General), and approved by His Lordship, that the number of each Police Constable should be sewed upon the breast or out- side collar of his jacket in Chinese as well as in the English numeral, and that the crown should be fixed to the cap so as in case of complaint to render recognition certain, and though Mr. Grand-Pré, the Superintendent of Police, then promised some- thing that should be done to remedy the evil, no steps had yet. been taken for that purpose. The prisoner was sentenced to twelve months’ hard labour. At length, after many delays and numerous postponements, principally on the part of the plaintiff, the great and much, talked about libel case of Mitchell versus Anstey came on for trial on Saturday, the 23rd August, before a special jury, the. damages being laid at $5,000. After a seven hours’ sitting the further hearing of the case was adjourned until after the Crimi- nal Sessions. On Wednesday, the 27th, it was continued and resulted in a verdict for the defendant. Messrs. Day and Green were of counsel for Mr. Mitchell, with Mr. Parsons as his. solicitor, Mr. G. Cooper Turner being solicitor for Mr. Anstey, the defendant. The facts were shortly as follows. Mr. Anstey, in his.endea- vours to put down nuisances endangering the health of the town, had reason to believe that he had been thwarted by: the Magistrates, who, on cases being brought before them for adjudication under the Ordinance, either dismissed the charges altogether, or let the offenders off with a mere reprimand. On the occasion of the departure for Siam of the late Chief Magistrate, Mr. Ilillier.{ the Attorney-General, on his way to the steamer to bid Mr. Hillier good-bye, fell in with Mr. Grand- Pré, the Superintendent of Police, and inquired what was being done for the abatement of nuisances. The latter replied “that it was of no use taking cases before the Police Court, where they were invariably dismissed; and that he knew of * See the case against Job Witchell, an Inspector of Police, tried before the Chief Justice, Sir John Carrington, in July, 1897, and the confession of the defendant after undergoing’ his sentence, Vol, 11., Chap. XCLT.. + Sce anté Chap. XVI. § 11, p. 381. t See anté Chap. Xvi, § 11. 9, 883. THE CASE AGAINST’ MR. ANSTEY FOR SLANDER. 403 two instances in which tenants of the Assistant Magistrate had ch. Xvi §1. been had up and fined by Mr Hillier and which in his absence had been re-heard by Mr. Mitchell, their landlord, the decisions reversed, and the fines rescinded.” Mr. Anstey, in the full belief that the facts were as stated, reported the matter unoffi- cially to Mr. Mercer, the Colonial Secretary, and he also questioned Mr. Grand-Pré, who repeated to him the story as told to the Attorney-General. Mr. Grand-Pré was then directed by Mr. Mercer to find the dates. Mr. Grand-Pré would seem to have laboured under a mistake with regard to the matter in question, for, some four days subsequently, he supplied the dates, and the allegations having been laid before the Governor, Mr. Mitchell was called upon for an explanation. He did not at the time reply to this demand further than by forwarding the depositions, which at once afforded proof that the allega- tions against him were untrue, inasmuch as the cases had been re-heard by Mr. Hillier himself, whose signature was attached to the decision rescinding the fine. This was, of course, perfectly satisfactory and conclusive as to the groundlessness of the charge brought against Mr. Mitchell. But in the meantime, Mr. Anstey, mz. Anstey, who was also a Justice of the Peace, having no confidence in the Sst es Stipendiary Magistrates, Messrs. Mitchell and May, had called nae upon Mr. Leslie, a brother J.P. (who, having taken umbrage at yfipendiary Mr. Anstey’s.conduct.as a member of the Praya Commission, had askeda been previously written to by Captain Cowper, at Mr. Anstey’s Jpstice request, Inquiring whether he would consent to join Mr. Anstey Peace to sit in adjudicating certain cases under the Buildings and Nuisances ““*™"- Ordinance) to endeavour to make arrangements for a sitting at Messrs. Dent & Co.’s counting-house, or in the Attorney-General’s office at the Court House ; and, in explanation of his reasons for holding trials in such places, instead of at the Police Court, mentioned Mr. Grand-Pré’s serious charge against the Assistant Magistrate as still pending, Mr. Anstey not having been in- formed to the contrary, until the day after the conversation between him and Mr. Leslie took place. Mr. Leslie next morn- ing, in the belief that Mr. Grand-Pré’s statement as repeated to him by the Attorney-General was true, mentioned the matter to a Mr. Hudson, a joint proprietor of the houses where the nui- sances were alleged to have been committed, and he carried the tale to Mr. Mitchell, who called on Mr. Leslie the same day to hear the details. These were at-once afforded him, and repeated by Mr. Leslie to.Mr. Parsons, Mr. Mitchell’s solicitor. Such isa short account of this strange affair as was laid before the Jury. The plaintiff ‘charged the defendant with having uttered a malicious slander, which, in default of an apology, demanded heavy damages. The latter replied that if slander it were, it was not his, but Mr, Grand-Pre’s ; that: his conversation with 404 Ch, XVII § I. 1856. Mr. Anstey concludes his speech in an abusive style. He mentions Sir Wm. Molesworth and the conditions of his appointment. The speech, HISTORY OF THE LAWS, ETC., OF HONGKONG. Mr. Leslie was to be viewed in the light of an official communi- cation from one Magistrate to another ; and that he repeated Mr. Grand-Pré’s statement believing at the time the same to be true, having up to the date of conversation received no inti- mation to the contrary. The defendant’s speech was concluded in an abusive style, Sir William Molesworth’s name and the conditions under which he received his appointment being in- troduced into the defence in a way and for a purpose that must have caused astonishment. The same being interesting is now reproduced. Mr. Anstey said :— “Tt was the first time in his life he had been charged with wilfully slan- dering his neighbour, the first time any charge had been laid against him in a Court of Justice, and though he that day wore the robes of his office, instead of appearing before them as the private citizen, the humble individual, Thomas Chisholm Anstey, it was that not for himself did he so appear but for his office, for it was in the strict performance of the duty of that office he had given cause for his then standing in judgment. For the acceptance of the office entailing on him that position, however, he was aloue to blame ; three times had au opportunity been offered to him to decline it, but he had set them at naught He then made some allusion to a deceased political friend, Sir William Molesworth,* with whom he had for years laboured in the work of putting down tyranny and misgovernment in Colonies, aid by whom, on his accepting a place in the Councils of the Sovereign, he was first spoken to regarding taking an office such as that he now held. It was during his absence that he was gazetted to this office, and without his know- ledge even. He here made some allusion to the capacity for government of the gentleman holding the reins of Government, hinting that not under such an one would he have accepted a subordinate appointment had he an option. But he came, and he gave himself, from the first, only six months to do that which would produce such an amount of opposition that the place would be too hot for him. Yowever, one chief duty was done, only the day before he had completed a work,—one which had occupied much time. He requested the jury to bear in mind the position in which he stood—he feared lest he might say too much—but allowance should be made for’ his feeling of embarrass- ment—“ every insinuation which others had had the bascness to make in that [the witness] box had had its effect ’—but he had notified His Excelleney the Governor that he would defend himself before a jury of his equals, and he would justify that promise. The offence with which le was charged was designated by the plaintiff's counsel malice in law. The Judge would tell the jury no such malice was proved. He was charged with malice in fact. How could that be? Before ever he knew Mr. Mitchell, or that per- son’s antece leuts—he knew that the table of Downing Street groaned with complaints of matters connected with business in this Colony in which he was concerned, He would admit that he came here with express malice in his heart against the imbecility of men in office. Let sophists distinguish between hatred of sin and love of the sinner—he could understand no such feeling. As long as the sinner was countenanced and supported, so long would sin be rampant and successful. It were vain to attempt to battle with corruption and incapacity unless that condemnation was recognized. It was not against Mr. Mitchell—it was against his office, and the way he administered it, he waged war. Well, that was what he felt, and though verdict followed ver- dict, though a continuation of such trials might impoverish him, though what might be taken from him went to fee pettifoggers, he would still go on until he had finally sueceeded in obtaining his righteous ends.......... It was of * See'anté Chap, XVI, § IL, p. 370, oh MR. ANSTEY’S MEAN ATTACK. no use to talk of law on this occasion. His reputation belonged more to another hemisphere than this, and if he did not speak of law it was because a full report of this case from the pen of the shorthand writer he had engaged would go across the seas by the mail of the 10th of the next month ......000” _ As stated before, the jury found a verdict for the defendant, holding that the communication was a privileged one. Thus ended another of those scandalous matters which ought never to have been brought before the public, and which might have been stopped by Sir John Bowring, had he chosen to do so. The picture of the Attorney-General of the Colony as a defen- dant in an action such as this ; he, the head of the Bar, with an eye to the reversion of the Bench, the prosecutor for the Crown, the legal adviser of the Governor, a man whose position in the Colony ought to be second to none, socially and officially, and who ought to be characterized by that gravity, reserve, and coolness of judg- ment which the just performance of his duties requires, and which would keep him clear ofall personal squabbles,—with the Govern- or looking on placidly at both litigants, both high ofticials of nearly equal importance,—is perhaps unique in all the scandals of modern government of the Colonies or of English Courts of Justice. In one respect, however, be it said at this stage, Mr. Anstey proved wrong, and that was in his estimation of the special jury of the Colony, by the affidavit which he had filed in the earlier part of this case* and which he must himself have felt, for he now received justice at their hands. On the 16th October, The (Lond) Morning Advertiser con- tained a long, inspired article upon the result of Mr. Anstey’s prosecution of Mr. Mitchell, which was justly considered as a mean, spiteful, and unjustifiable attack upon the Chief Justice and others of the community generally, including the special jury, while Mr. Anstey was praised for “ battling with the abuses which were everywhere rife around him,” and the ‘almost universal conspiracy to crush him, who had ventured, in that paltry arena, to defy corruption and to maintain truth.” As is seen above, at the conclusion of his speech, Mr. Anstey had said that he would send,Home ‘‘a full report of this case,” so that if this article was not actually written by him, the person to whom he supplied the facts must have done so, for a paragraph in Mr. Anstey’s letter to his friend was reproduced in the article, although the editor alleged that the letter was only sent to him for perusal. The following was the passage :— “Tf I am carried there in a sedan—if I am obliged to go in blankets—if 1 breathe my last in that Court—go I will in person, and, with my dying voice, testify against the villainy and rascality in high places, which makes Houg- kong what it is—the noisome scandal of the Last.” t * Anté Chap. XVI. § I1., p. 392. i + Upon this subject, see Mr. Anstey’s letter.to the Secretary of State, dated the 7th August, 1858, infra, Chap, XXII. 4 405 Ch. XVII § L. 1856, The jury finds the communica- tion a ; privileged ‘ one. Sir John Bowring’s demeanour, The picture of an Attorney- General, as defendant |. in an action for libel, Unique in all scandals , of the Government of the Colonies. Mr. Anstey’s estimation of the special jury. The (London) Morning Advertiser upon the result of Mr, Anstey’s case against Mr, Mitchell, A mean attack, Mr, Anstey suspected, Hongkong ‘the noisome scandal of the Kast! 406 Ch. RVI § 1. 1856, Local valedictory opinion of the Chief Justice. Mr. Anstey goes to shanghai. The Royal Asiatic Society. Paper by Mr. Anstey “on the administra- tion and value of judicial oaths amongst the Chinese.” Differences between the Governor and the Justices of the Peace. Public micting. Ordinance No. 8 of 1856, Ordinance No. 14 of 1856, sec. 12. The publica- tion in future of every draft of Ordinance, Mectings of the HISTORY OF THE LAWS, ETC., OF HONGKONG. Of the Chief Justice, it was remarked locally, there was not a man in the Colony, except Mr. Anstey perhaps, ‘“‘ who did not esteem and respect him as a worthy, honourable Government servant—with a good nature and temperament that neither long sickness nor the impertinence of vulgar, ignorant men could ruffle fora moment.” This was as shabby and unwarranted an attack as might well be conceived. Whether Mr. Anstey was called to account for it or for explanation regarding the meaning of the term “ villainy and rascality in high places which makes Hongkong the noisome scandal of the East” is not shown ; but, doubtless, it was considered best to leave things alone. Evidently feeling the want of a change after all his recent “trying work,” Mr. Anstey left Hongkong on the 30th August on a short trip to Shanghai, and in his absence at a meeting of the China Branch of the Royal Asiatic Society, held at the Society’s rooms in the Court House, at 9 p.m., on Wednesday evening, the 3rd September, Sir John Bowring in the chair, the Secretary read a paper by Mr. Anstey “On the admi- nistration and valuc of judicial oaths amongst the Chinese.” * The paper gave rise to some discussion, the thanks of the Society being voted to its author. Mr. Anstey had previously been elected a resident member of the Society on the 19th March. The differences between the Governor and the unpaid J usticest had not yet come to an end, and a public meeting, convened by the Sheriff according to advertizement, was held on the 16th October ‘for the purpose of taking into consideration several points in the recently-passed Ordinances seriously affecting the interests of the Colony,” especially the Ordinance, No. 8 of 1856, entitled ‘an Ordinance for Buildings and Nuisances.” Recent correspondence between the Government and the Justices rela- tive to the same matter was taken into consideration. Resolu- tions were also adopted in reference to section 12 of Ordinance No. 14 of 1856, entituled ‘ An Ordinance for Fees and Costs,” f and the publication in future of every draft of Ordinance at least three months before becoming law, and that meetings of the Legislative Council be held with open doors. The Police also * This paper is not now procurable in Hongkong, but in June, 1868, long after he had left the Colony, Mr. Anstey read, before the Juilicial Society in London, a most inte- resting paper upon the subject of ‘ Judicial oaths as administered to heathen witnesses, which is supposed to have been an cnlarged reproduction of the paper he had previous): read in Hongkong, This ‘subject will be found further dealt with in Vol. 11. of this wor' Chap. L. On the question of oaths to native witnesses, see anté Chap, XII. § I1., pp. 309- 315, and references there given, + Anté pp. 399, 400, } The following was the section in question :—“12. Costs of proccdure shall be. reco- verable by or on behalf of the Crown upon every judgment or decree at Law, in Equity, or in the Admiralty or Ecclesiastical Jurisdiction of the Supreme Court, whereby any real or personal estate or any forfeiture or money penalty shall have been adjudged to belong or awarded to the Crown.” ~This obnoxious section was repealed on the 5th March, 1857, by Ordinance No. 4 of 1857, ARRIVAL OF MR. DAVIES, CHIEF MAGISTRATE. 407 came under discussion, the Chinese present complaining “that Ch. XvII § 1. it was worse now than ever it was, particularly in theday time; 1 g55. people were robbed continually in broad daylight. The Indian regislative section of the Force treated them. with much cruelty, whilst at Council to. if . = i e held with night they were either asleep on their beat, in brothels or in: open doors. taverns—there appeared to be no one to look after them and The Police. they did just as they liked.” These resolutions were forwarded The Chinese to the Government, and on the 4th November, the Government coats acknowledged receipt of the same. After going into the dif- Irdien ferent questions discussed at the meeting and promising early consideration and reform, the Governor concluded by saying Governor that he considered the complaints against the Police well founded ae as they were noticed in the report recently handed in of the against the Police Commission, * and that he hoped in due time an improved ee Force would be organized. “ a : F : * Sunday The Synday labour question again came under public notice.f gesecrtion. On the 16th October, the following Government Notification Government appeared’ upon the subject :— Notification. “Whereas it has been represented to His Excellency the Governor that certain Government works are conducted on Sundays, His Excellency has instructed the responsible authorities to take such measures as shall prevent the desecration of that day in such respect ; and as regards: works. carried on by private persons, His Excellency recommends to all Christian inhabitants, that the contracts with the natives shall be such as may prevent the employ- ment of workmen or labourers on the Sabbath day.” Mr. David Jardine, a member of the Legislative Council, died { Death of, in Dumfriesshire, Scotland, on the 22nd October, at the age of Mr. Jardine thirty-six. Mr. Henry Tudor Davies, who had been appointed Chief Arrival of Magistrate in succession to Mr. Hillier,§ after some months’ re delay, arrived in the Colony on the 8th November. He was a Magistrate. barrister-at-law, of the Home Circuit, and had been called to the Bar by the Inner Temple on the 19th November, 1841. As Stato ot may be readily imagined with the’ state of affairs in the Colony, Colony. his arrival had been eagerly looked forward to for some time. Messrs, Messrs. Mitchell and May had given little or no satisfaction as ete ae Magistrates, and they now reverted to their own appointments. Magistrates. In welcoming him a local paper told Mr. Davies that he had come at a time when “the Governor and the governed were all at ‘sixes and sevens ;’ nial legislation to read up, and that he would find it a very ce different description of legislation to that which was current in sevens’ England at the date of his departure.” * See anté Chap. XVI. § 1., p. 361, and § 11., p. 377. + See anté Chap. I1., p. 53. See anté Chap. XII. § 1, p. 287, and reference there given. j See Chap. XVI. § I1., p. 384. ‘The. Gov- ernor that he would havea good deal of colo- and the 408 Ch. XVII § I, 1856. Mr. Caldwell taken into the service again, He is appointed Registrar- General and Protector of Chinese, General Interpreter, and a Justice of the Peace. What Mr, Caldwell’s re-employ- ment. afterwards proved to the Government. Mr. Anstey returns from Shanghai. Ordinance No. 8 of 1856. Forty-four persons summoned, Mr. Anstey as a Police informer. He sits by the Magistrate. 7 Heavy fines and committal to prison, Demonstra- tion by the Chinese, HISTORY OF THE LAWS, ETC., OF HONGKONG. Mr. Caldwell, who had resigned his position under the Gov- ernment as recorded in July, last year,* had by this time well nigh succeeded in making himself indispensable, { although there could be no doubt that in his capacity of general interpre- ter, quite apart from his intimate knowledge of the Chinese manners and customs, he had proved an acquisition on many occasions. After much agitation, in which the Chief Justice himself had taken part,t the Government decided to re-engage him, and on the 15th November appeared a Government Noti- fication ‘that the Governor had been pleased to appoint Mr. Caldwell, Registrar-General and Protector of Chinese, as well as General Interpreter to the Government, pending the pleasure of Her Majesty’s Government.” On the 28th November, Mr. Caldwell took the oaths of office, being also sworn in as a Jus- tice of the Peace. A Government Notification of the 21st May, 1857, announcing that he had been confirmed in the various offices to which he had been appointed. It will be seen later on what the re-employment of Mr. Cald- well meant to the local Government, taken in the light of such re-engagements under ordinary or similar circumstances, and the trouble it brought upon the Government eventually, chiefly through the efforts of Mr, Anstey. On his return from Shanghai, Mr. Anstey again set to work as vigorously as ever, devoting himself almost entirely to the practical working of the ‘ Buildings and Nuisances Ordinance,’ No. 8 of 1856, which, as before stated, had given so much dis- satisfaction § In the course of a few days not less than forty-four persons were summoned before Mr. Davies, the new Chief Magis- trate, for infringement of its enactments. The Attorney-General, placing himself almost in the position of an informer, walked round the Chinese portion of the town, and required the Police to issue summonses against those whom be pointed out. At the hearing, he sat by the Magistrate, and, whether due to his presence or influence, Mr. Davies proceeded to inflict heavy fines against the Chinese offenders, those unable to pay being sent to prison. On these facts coming to the knowledge of the more respectable Chinese inhabitants, they proceeded to make a ‘demonstration.’ ‘They called a meeting on the afternoon of the 20th November, and although those who were more inti- mately conversant with the Inelish mode of seeking redress under such circumstances tried to persuade them simply to petition the Government, others and the larger body said that, pending an inquiry into matters, they would shut up their * See Chap. Xv1, § 1, anzé p. 361. + Sce anté Chap. XVI. § 11., p. 371. { Anté Chap. XVI. § IT, p. 381, § See ante p, 898. DISTURBANCES ON ENFORCEMENT OF NUISANCES ORDINANCE, 409 shops. This was done the following morning when, it is said, ch. xvi § 1. ‘not an egg nor a fowl could be procured from the Bazaars.” A few of the shopkeepers, more immediately connected with the forcign residents, kept theirs open, but a mob compelled their 1856. closure. The Police Force was now reinforced by a detachment of Police the 59th Regiment. On Lieutenant-Colonel Caine, the Lieu- tenant-Governor, appearing in the streets, he had some harsh reinforced Ly military, words thrown at him. Detachments of the 59th were at night - placed on guard at the Bank, at the P. & O. Co.’s office, and in Gough Street, and strong bodies of Police patrolled the streets throughout the night. In the afternoon, the Government issued the subjoined proclamation which was published for general ‘information the next day, the 22nd November. PROCLAMATION. W. Carne. By the Honourable Lieutenant-Colonel William Caine, Lieutenant-Gov- ernor, Administering the Government of Hongkong. In order that lawless meetings may be suppressed, and confidence restored to the well-disposed Chinese inhabitants of the Colony,— It is hereby notified to the residents of this Colony, that Her Majesty’s Government, having reason to believe that the large influx of suspicious cha- racters from the Chinese mainland which has taken place during the last few weeks, and the seditious and treasonable demonstrations of this date in the streets of this City, have been occasioned by the direct agency of secret emissaries from the persons carrying on a lawless war against Her Majesty’s Forces in the neighbouring Province of Kwang-tung,—it is the determina- tion of Her Majesty’s Goverument within this Colony to take instant mea- sures for putting in force the provisions of the Registration Ordinance No. 7 of 1846 ; and so soon as the said Ordinance shall be brought into full operation, all unregistered Chinese will be required to depart from the Colony. Whilst the Colonial Authorities are always ready on proper occasions to hear the complaints of Her Majesty’s Chinese subjects, and, if well founded, to redress them, it is nevertheless further notified, that no complaints what- ever will be attended to, so long as they are urged in an improper manner. The Lieutenant-Governor will willingly receive and give every attention to any representation of grievances that may be laid before him. Her Majesty’s Government, therefore, require Her Majesty’s said subjects to abstain from all part in the aforesaid demonstrations, to return to their several duties, and to re-open their shops. Tumultuous movements taking place after publication of this proclamation will be immediately suppressed by the Military Authorities. By Order, W. T. Mercer, Colonial Secretary. Gop Save THE Quren. Given at Victoria, Hongkong, the 21st day of November, 1856, Government{ Proclama- tion, 410 Ch. XVII § I. 1856. The Procla- mation a perversion of language. Feeling of Chinese against local authorities, List of grievances formulated, End of “ Anstey Riot.” The Governor notifies to the Chinese Mr. Caldwell’s appoint- ment as Registrar- Gencral and Protector of Chinese. The large powers given to Mr. Caldwell. HISTORY OF THE LAWS, ETC., Of HONGKONG. That these demonstrations “had been occasioned by the direct agency of secret emissaries carrying on a lawless war against Her Majesty’s Forces in the neighbouring Province of Kwangtung” was held to be a perversion of language, if not of facts, though possibly the hostilities that were then being carried on by us with China may have indirectly increased the feeling of the Chinese against the local authorities. The following was the list of grievances that the Chinese in- habitants formulated :— 1. That the fines imposed under the Nuisances Ordinance are too severe, and beg that the same may be recalled. 2. That in the harbour of this Colony rebels have taken possession of many Chinese passage boats, and that the passengers have suffered much harm therefrom, and no stop has been put thereto. 8, That the Police in the streets in arresting persons do not discriminate. Real thieves may be struck and beaten, but not others. 4. That when goods are being landed near to wharves, and when they cannot ina moment be removed into shops and godowns, time should be allowed to do so, obstruction to the road not being made. 5. That the fines lately imposed upon the poor people be refunded, in order that they may not be laid under suffering. 6. That the street hawkers are poor people, and that they have licensed permission to sell their wares ; that if they obstruct the roads and streets. they may be driven away, but that baskets should not be upset, their wares destroyed, and themselves driven to starvation. 7. That there are parties in this Colony pretending to be owners of lost goods who make accusations against hong and shop-keepers,—that this should be clearly looked into, and that the guilty parties should be arrested. And with this may be said to have ended what was called the “‘ Anstey Riot.” Consequent upon these disturbances, and as an easy mode of settling them as speedily as possible, a notice was at once addressed to the Chinese inhabitants on the subject of Mr. Caldwell’s appointment as Registrar-General and of the necessity for a system of registration. The following is a copy of the translation of the notice which was published in The Government Gazette of the 4th December. The reader will observe the large powers thus given to Mr. Caldwell, and to what advantage he turned them afterwards will hereafter be. seen. i CALDWELL, [Official Title, &c., &c.]. “Whereas His Excellency the Governor of this Colony has been pleased to appoint Mr. Caldwell, Registrar-Geueral and Protector of Chinese re- siding in Hongkong, this is to give notice to the Chinese community that in all cases in which they have difficulty in understanding the law as here administered, or conceive themselves to have wrongs for which they are otherwise unable to obtain redress, they are at liberty to apply, between the hours of ten and four, at Mr. Caldwell’s office, next to the Police Station, or in cases of special emergency at his house in Gough Street. . a THE FIRST CROWN SOLICIYOR, MR. J J. WICKSON. 411 :: And whereas it is expedient for the protection of the good citizen that Ch. XV[I §T. yagrancy should be as much as possible brought under restraint, it is, at the same time desirable that any system of registration having that object in view should be so contrived as to attain it with the least possible inconve- nience to those whom it is intended to benefit. No levy of charge or fee is contemplated, and the respectable inhabitants of the City are invited at their earliest convenience to depute members of the community, either to wait ou Mr. Caldwell and state what they my have to say in person, or to submit to him in writing such details and suggestions as may enable him, with the aid of his own experience, to devise a system which shall work effectively, but, at the same time, without, undue restriction or annoyance.” On the Ist December, 1856, Mr. J. J. Hickson arrived in the Colony as Crown Solicitor, “by virtue of a warrant under. the Royal signet and sign manual.” On the same day he was also gazetted as Deputy Sheriff, Coroner, and Queen’s Proctor in Admiralty. Mr. Hickson’s appointment, quite unexpected as it was by the public and the profession, though undoubtedly it must have emanated upon the recommendation of Mr. Ans- tey, whose friend and protégé Mr. Hickson was reputed to be, caused a great deal of acrimony as regards Mr. William Gaskell, who had held the office of Queen's Proctor since the 24th July, 1850,* and who had now to relinquish the post. Not to the asto- nishment of any one, however, acquainted with the cost of living in this Colony, and which matter had been commented upon in the local press at the time of his arrival, did the public learn by Government Notification on the 6th February, 1857, that Mr. Hickson had resigned his appointment, the principal. reason given for this step was the total inadequacy of the salary allowed him, £285 a year—an amount wholly disproportionate to the arduous duties he had to perform, and even to his sup- port, in this Colony. On his resignation, Mr. Hickson returned to England ‘at his own expense,” and Mr. G. Cooper Turner, who had been of great help to Mr. Anstey on various occasions, especially as his attorney in the cases between himself and Mr. Mitchell,} was appuinted Crown Solicitor, while Mr. May was appointed Coro- ner, “and as Deputy Sheriff, on the nomination of the Sheriff, to have charge of the Victoria Gaol.” Ata meeting of the Royal Asiatic Society on Wednesday evening, the 10th December, Sir John Bowring in the chair, the Attorney-General read a very interesting paper in reply to the question, “Did Alexander the Great in the course of his conquests ever reach any part of the Chinese Empire?” The thanks of the Society were voted to the author. On the 12th December a free pardon was granted to Wong Ashing, who had been convicted of piracy in October last and then sentenced to transportation for life. -* Ante Chap. XII. § 1., p. 390. + Anté Chap, XVI, § IL, p. 398, and anté p. 402. 1856, Arrival of Mr. Hickson, the first Crown Solicitor, He is also gazetted as Deputy Sheriff, Corouer, and Queen’s_ Proctor. Mr. Gaskell relinquishes Queen’s Proctorship. Resignation of Mr. Hickson., -Mr, Cooper Turner appointed. Crown Solicitor. Mr. May, Coroner and. Deputy Sheriff, Royal Asiatic Society, Mr. Anstey's aper. =» “Did Alex- ander the Great in the course of his conquests ever reach any part of the . Chinese Empire.” 412 Ch. XVI § [. 1856. Free pardon to Wong Ashing convicted of piracy. Lanterns and night passes. Increase to Police Force. Auxiliary force of European scamen prisoners. Special Constabulary Force. Mecting at the Chief Magistrate's office. The At- torney- General and the form of oath taking by Special Constables. Voluntary enrolment. Further inerease to European Police Force. Ch. XVII § 1, 1857, Insecurity felt by the community, Ordinance No. 2 of 1857, Services of Mr. May given solely to the Polic His magis- terial duties how performed, Honorary Degree of D.C.L. conferred _ on My, Bridges, HISTORY OF THE LAWS, ETC., OF HONGKONG. On the 16th December notice was given to the Chinese upon the subject of lanterns and night passes and the penalties in default. In view of further contemplated disturbances, The Government Gazette of the 23rd December contained an intimation of an increase to the Police Force of twenty Europeans and fifty In- dians, and that an auxiliary furce of forty Europeans, consisting of imprisoned seamen, was held in reserve for cases of emergency and that the latter were drilled and allowed pay for consenting to do so. And as further showing the state of affairs, if not of mind, then prevailing in the Colony, it was deemed advisable to organize a special Con nstabulary Force, and by special invitation: some forty or fifty residents assembled at the Chief Magistrate’s office on the 8Uth December, for the purpose of voluntary en- rolment. Mr. Davies explained that the Attorney-General was of opi- nion the oath taken by Special Constables in England could not be legally administered to the body proposed to “pe enrolled in Hong: gxong, and that therefore he had drawn up’a form of obli- gation which he thought might answer every purpose intended. After some discussion the meeting dissolved, and on the 2nd January, 1857, the Governor informed the community that as his desire to create a special constabulary by voluntary enrol- ment had not been generally responded to, he had, with the advice of the Executive Council, decided to increase still further the European Police Force. Consequent upon the insecurity felt by the community gene- rally, owing to the hostilities then being waged with China and the disturbances that had already taken place i in Hongkong, on the 6th January, Ordinance No, 2 of 1857 “for better securing the Peace of the Colony,” providing for night passes and giving general powers of arrest and deportation, was passed, § the same day it was notified “ that during the present state of affa‘rs , Within the Colony, the services of Mr. May, Superintendent of ’ Police, would be given solely to the Police Department, and that for the conduct of his magisterial duties, satisfactory arran- gements had been made by “the willing co-operation of Mr. Bridges and the other gentlemen in the Cominission of the Peace.” It may here be said that Mr. Bridges, who had returned to the Colony in the latter part of last year, had, during his stay in England, had conferred upon him the honorary “degree of D.C. L.,* and was now known as ‘Dr.’ Bridges, * On this subject, sce Vol. 11,, Chap, XXXIV. MR. ANSTEY AS AN AMATEUR CONSTABLE. 413 A Government Notification of the 9th J anuary required “all Ch.XVII§II. persons who had no employment or who could not find security for their good behaviour to depart from the Colony, on penalty of apprehension and punishment of deportation.” On the 13th January, three military officers were gazetted Jus- tices of the Peace, including Colcnel Dunlop, the officer command- ing the troops.” These officers remained on the Commission of the Peace until the 5th May, 1857, when the Government, consider- ing there was no longer any nezessity for retaining their services, withdrew their names from the list, the Governor-in-Council conveying his thanks to them for the services they had rendered “during a time of anxiety and danger.” Although Colonel Dunlop accepted the thanks tendered him, the other two officers did not, and one of them wrote an indignant letter to the Gov- ernor on the gratuitous insult which he considered had been offered him by his being so summarily ‘dismissed,’—doubtless prompted by the action of the local press which had taken an unfavourable view of the action of the Government under the circumstances. At a meeting of the Royal Asiatic Society held on the 17th January, Sir John Bowring being in the chair, the Honourable T. C. Anstey was unanimously elected Vice-President. A case which attracted some attention in consequence of the Attorney-General acting the part of a Police Constable, was heard in the Police Court on the 23rd January, before Dr. Bridges and Mr. Lamont, Justices of the Peace. The case was described as showing the “meddling, irascible, undignified, and ungentlemanly conduct of the Attorney-General.” It was against Mr. Roza, a Portuguese gentleman and householder, who had heen given into custody by the Attorney-General the night before, and who had in consequence been locked up the whole night, for “obstructing the capture of two chair coolies without passes.” Mr. Anstey prosecuted in person, and the following was his evidence cn oath, by which it will be seen that the comments passed upon his conduct were by no means too severe :— “Tn consequence of information which I received of the probability of the City being attacked, or of serious disturbances arising, and knowing that Mr. May with his present Force was unable to carry out the provisions of the late Ordinance for the protection of the City before ten o’clock at night, I thought it my duty as a Justice of the Peace to render my personal assistance. In pursuanee of thix resolution, I was walking down a street leading from Lyndhurst ‘Lerrace to the Police Station, at about a quarter to nine o'clock on Thursday night, when I saw two coolies in the middle of the road. I asked them for iheir passes. They said they had none. I then arrested them to take them to the Police Station, on which a person, I believe the de- * Ante Chap. XVI. § Il. p, 385, 1857, Government Notification regarding persons out of employ- ment, Military officers gazetted Justices of the Peace. The military officers withdrawn from the Commission of the Peace. The thanks of the Government. The indig- nant letter of one of the officers. Mr, Anstey elected Vice- President of the Royal Asiatic Society. Mr. Anstey acts the part of a Police Constable, He gives a l'ortuguese gentleman into custody and prosecutes him for alleged. obstruction... His evidence, 414 HISTORY OF THE LAWS, ETC., OF HONGKONG. Ch. XVII § 1. fendant, came up to me and asked what I meaut by arresting his chair coolies. 1857, The case is dismissed. An unneces- sary piece of severity, Strictures upon Sr, Anstey An amateur constable. Cheong Ahlum. Atrocious attempt to poison the foreign residents of Hongkong. The ‘ Bosing’ firm. Cheong Ahlum’s departure for Macao I said, ‘Have you a pass for them?’ At first he said be had, and began to feel in his pocket for the pass; then he said he had a pass in his house; finally, uo pass was produced. I, then, seeing that a number of suspicious characters were gathering round, began moving towards the Police office with the coolies. Defendant then came in front of me and barred my way, and asked what I meant by arresting the servants of a Portuguese gentleman. Fearing that the men would escape, I pushed him aside, and a policeman coming up took defendant into custody. _He was very violent both when speaking to me, and afterwards before Inspector Jarman. He used no bad language, but was very disrespectful, addressing me as ‘imy good fellow,’ and ‘my good man. In reply to a question by Dr. Bridges, witness said he believed there was a chair standing in the neighbourhood of the coolies ; they were standing in the middle of the road.” Naturally upon such evidence, the Magistrates could do nothing but dismiss the case, and in dismissing it, Dr. Bridges, after consulting with his brother- Magistrate, said :-— “Tt is true that no Chinese should be out, for however short a time, at large without a lantern, after eight o’clock, but in our opinion it is stretching the law to a most unnecessary extent to arrest a gentleman's chair coolies when engaged in carrying him. In this case, where the gentleman's residence was so near, the arresting even the coolies, much more so the gentleman himself, was an unnecessary piece of severity, as the master could have been easily summoned as responsible for his servants. This is a case which, we think, ought never to have been brought before this Court, and we dismiss nts Imagine the astonishment, if not disgust, with which the Attorney-General must have heard this decision, and the Magis- trates deigning to lay down the law contrary to his ideas upon the subject. Naturally strictures lay thick upon Mr. Anstey in consequence of this case and his descending from his position to assist Mr. May as an amateur constable to pick up dirty Chinese in the streets, —a very dignitied office truly ! An atrocious attempt was made on the morning of the 15th January to poison the foreign residents in Hongkong by means of arsenic in the bread issued from the principal bakery in the Colony. The firm was known by the title of ‘ Esing,’ the pro- prietor being a well-known compradore named Cheong Ablum, long resident in Hongkong. The circumstance of Cheong Ahlum having settled many of his outstanding accounts the day before, and taken his departure for Macao with his family the morning before his customers’ breakfast hour, when dis- covery, and his consequent apprehension would have been cer- tain, afforded strong reasons for believing that the act was performed with his cognizance and sanction, if not by -his express orders. THE ATTEMPT TO POISON THE FOREIGN RESIDENTS, A415 The Government at once despatched the steamer Queen to Ch.XVII§II. Macao in search of him, offering at the same time a reward of — jge7 $1,000 for his apprehension and also $1,000 for the apprehen- sion of.one Atsoi who was said to have absconded in like manner. Cheong Ahlum was delivered over by the Macao His arrest. authorities to the Police officers sent after him, and he was brought back the next day in the Shamrock. There was na- turally great excitement in the Colony, but the atrocious attempt fortunately failed in every case, and although two or three hundred people must have partaken of the poisoned bread, no lives were lost. Many suffered severely, none more so than the ‘he sufferers. family of Sir John Bowring, Lady Bowring* more particularly. A careful analysis of the bread by the medical men showed that the poison was arsenic in the proportion of a drachm to each pound of bread; according to which about 10 tbs, of arsenic must have been distributed throughout the batch. On the 2Ist January, the preliminary investigation took The preli- place at the Central Police Station, when Cheong Ahlum, his jiyestiation father, and eight others underwent their first examination, Mr. at the | Thomas Wade assisted Mr. Mercer, the Colonial Secretary, and potice Mr. May, the Superintendent of Police, who, as Justices of the Station. Peace, conducted the inquiry at the request of the Governor, 770 Justices and eventually Cheong Allum and the nine others were com- ducted the . . ‘ . . . ITy. mitted to take their trial at the Criminal Sessions on Monday, ome the 2nd February. Ablum and On the 28th January, an application was made to the Supreme Ls Court by Dr. Bridges, Cheong Ahlum’s counsel, that the money ‘er trial. seized on Cheong Ahlum’s premises be given up to pay for HigGreeae defence. Ahlum’s counsel, The Attorney-General, backed by the affidavit of two of moves the Cheong Ablum’s creditors, resisted the application, stating that Comt tht he did so to prevent the money being plundered or squandered in found on his defence. Dr. Bridges seemed to think the Attorney-General (prong. was using strong language. The Attorney-General said he did premises not object to the bill for Cheong Ahlum’s defence being paid out 4, fo pay of the money, after it was laid before, and approved of, by the fr Court. The Chief Justice sustained the Attorney-General. It (ir. may be mentioned that originally forty-two other persons were General. arrested in connexion with this case, but were not put on their ‘ects trial, being detained till the result of the case against Cheong Ahlum was known. The Criminal Sessions commenced on the 2nd February and ‘rial of closed on the 5th. Of course the case involving the greatest ee a interest was that of Cheong Ahlum and others previously men- others. tioned, the charge selected and proceeded with being that of * Bee Chap. Xx., «bi supra, 416 HISTORY OF THE LAWS, ETC., OF HONGKONG. Ch.Xvilgu. “administering poison with intent to kill and murder James 1357, Carroll Demspter, Colonial Surgeon,” he being one of the vic- - tims. The proceedings commenced at noon on the 2nd February, before a crowded Court. The Attorney-General prosecuted, instructed by Mr. Hickson, Crown Solicitor, assisted by Mr, G. Cooper Turner, and the prisoners were defended by Dr. Bridges and Mr. Day, instructed by Messrs. Gaskell and Brown, and Mr. Tarrant, solicitors. The Attorney. The Attorney-General commenced by denouncing Dr. Bridges General for having violated professional etiquette in seeing his clients Dr. Bridges in Gaol and taking instructions and an order for money from eee them without the intervention of an attorney. He called “ for etiquette. | His Lordship’s deliberate opinion upon such conduct.” Dr. Bridges admitted seeing his clients in Gaol as stated, but added that, before leaving the Colony, matters were so badly con- ducted, that he had often visited prisoners without any notice being taken of it. He acknowledged that he was wrongand had departed from the usual line of professional etiquette, and would throw himself upon the mercy of the Court and submit to its censure. ao The Chief Justice remarked he did not wish to censure Dr. ruling. Bridges, but only to impress upon him the very great impro- Barristers. priety of repeating such visits ; and [is Lordship hoped that ro recelve * * . . . ° % their fees barristers for the future would obtain their information and through their receive their fees through their attorneys.* attorneys. The evidence AS regarded the evidence, that against nine of the pri- inthe ease. soners was very slight, amounting solely to their connexion with the ‘Esing’ bakery. That poison had been largely administered, was certain; but there was no link in the chain of evidence to connect Cheong Ahlum with the deed of putting it into the bread. The purchase or possession of poison was not even brought home to him. For aught that appeared, the foremen were the guilty parties, and might have been bribed either by the enemies of the Europeans, with a view to effect their destruction, or by some personal rival or foe of Cheong Ahlum, to ruin him by the imputation of such a design. It was proved, indeed, that he had been on the premises on the day and about the hour that the dough was mixed, but he was taken there against his will by the witness who proved the fact. ‘Then, as to motive ; en the one hand, Cheong Ahlum carried on a profitable trade under British auspices and protection ; while, on the other hand, it was alleged that through this very circumstance he had incurred the displeasure of the Chinese Government, and would have lost his head if he had not given some signal proof of being no friend to the * bar- . barians.” Then, he absconded, which at first looked bad. * On this subject, sce also anté Chap. XVI. § IL, pp. 371-374, TRIAL OF CHEONG AHLUM AND OTHERS FOR POISONING. 417 enough ; but it was proved that he was only accompanying his Ch. XvIT§1L family to Macao, with the intention of sending them into the country and himself returning immediately, having just pur- chased a quantity of flour, and entered into engagements with Her Majesty’s Commissariat and other parties for supplying biscuit in large quantities. Of course, these business arrange- ments might have been a stratagem to cover his intended flight. It was also alleged in evidence that he gave his own children part of the bread on board the steamer, and that they were sick. Others suggested that the bread they had eaten was different, and 1857. that their indisposition was mere sea-sickness, or at best their. father had only doled out to them a safe portion, and that this, also, was done with an object, bread being a very unusual ar- ticle of diet with the Chinese. The Attorney-General evidently knew that the proof was in- adequate ; and he urged that in such a case “ there should be allowed a greater latitude in accepting circumstantial evidence, and the mercy of the law should be restrained, not relaxed ;” indeed, he thought the prisoners should have been dealt with summarily, that their crime deserved the fate of a drumhead court-martial. He regretted they had been brought before a jury at all ; but since this had been done, he was bound to tell .that jury that they must acquit the prisoners if they felt any reasonable doubt of their guilt ; adding, that it would not be their duty to stretch the points set up for their defence to too great a length. In fine, he felt sure that if they were ac- quitted, the Chinese would regard the British authorities with contempt. That is to say ‘“ We have rather hastily appre- hended these men ; we found no evidence that would have justi- fied a Magistrate to commit them,so we managed to waive that process ; and now that we have rather forced a trial, you must give usa conviction to save our character. Better to hang the wrong men than confess that British sagacity and activity have failed to discover the real criminals.” Dr. Bridges observed strongly against the manner in which the Crown had conducted the case and against the committing justices. The Attorney-General replied in a very able speech. The first part was employed in defending the Government and Mr. Mercer for the harsh course asserted to have been pursued in the case, Mr. Anstey stating that Dr. Bridges’ observations as to the examination taking place at the “police station” was merely paltry claptrap. He boldly professed that he had not the usual indifference of Crown prosecutors in ordinary cases ; this was an extraordinary case in which he felt in a different manner and was most anxious that a verdict of guilty should be given. The At- torney- General upon the case. ‘ Better to hang the wrong men than confess that. British saga- city and activity have failed to discover the real criminals,’ Dr. Bridges’ argument. 418 Ch. XVIL§ HL. 1857. Dr. Bridges and his friend, Mr. Mercer, Verdict of not guilty. The Chief Justice's summing up. ‘Wanging the wrong man will not further the ends of justice,’ The Chief Justice acquicsces in the verdict of the jury. The honour of the British name. After discharge the prisoners are re-ap- prehended as suspicious characters. Ordinance No. 2 of 1857, HISTORY OF THE LAWS, ETC., OF HONGKONG. Dr. Bridges, in reply to what had fallen from the Attorney- General as to himself, said “that he had never attacked Mr, Mercer. Mr. Mercer was one of his best friends and he would rather that his tongue should drop out of his mouth than attack Mr. Mercer in the way it was asserted he had done.” * The trial was concluded on the 5th February, and resulted in a verdict of not guilty by a majority of five to one. The Chief Justice summed up against Cheong Ahlum as an accessory before the fact, and said that “if the jury thought Ahlum had mixed the poison, or ordered it to be mixed, or had any knowledge about it, they must find him guilty.” Also, that if they were of opinion that it was false that his family were sick, it would be pr7md facie proof of his guilt ; but if, on the contrary, they thought they had been poisoned, there would be a prima facie reason for believing him innocent, and in conclusion, Mr. Hulme said: “J, in common with the Attorney-General, am desirous that justice should be done on the perpetrator of this crime, but hanging the wrong man will not further the ends of justice.” The Chief Justice saw the defect in the evidence and acquiesced in the verdict of the jury. There was one consolatory point of view in this bad business, and that was that it showed the Chinese that the English were not bloodthirsty and that an English jury will do what it believes to be its duty, even although that duty may run counter not only to outside pre- judice but often even to the opinion of the Judge on the Bench, One notable fact to be recorded to the honour of the British name, in connexion with this case is that the prisoners were not only tried at the place where their crime was committed, but tried by a judge who had himself suffered from that crime, assisted by a jury all equally victims of the atrocious attempt, and they were further prosecuted by an Attorney-General and defended by lawyers also sufferers from their crime. On leaving the Court after being discharged, the prisoners were re-apprehended as suspicious characters under the provi- sions of the recent Ordinance No. 2 of 1857 ‘‘for better securing the Peace of the Colony,” under a warrant issued by order of the (xovernor, Sir John Bowring. The Attorney-General doubted the legality of this detention, but Sir John Bowring was “ confident that the legal advisers of Her Majesty’s Government at Home would bear him out in his construction of the terms of the depor- tation Ordinance ;” and therefore undertook to keep them in custody till he should receive instructions from England, * That there was some truth in this statement may be seen by the way in which Mr. Mercer supported Dr. Bridges afterwards through good or evil report, and it was perhaps impolitic on the part of Dr. Bridges to have expressed himself thus so openly on the sub- ject. See this matter referred to further on, Chap, XVIIT,, infrd. DISPOSAL OF THE ACCUSED IN THE PUISONING CASE. 419 On the 7th February the Chinese held a meeting and resolved ch.Xvis§ 1. to petition the Governor “to compel the voluntary banishment of Cheong Ahlum’s servants and to allow Cheong Ahlum to remain a month or two for the purpose of settling his affairs.” Two other petitions followed upon this, one from certain resi- dents reported to be mostly creditors of Cheong Ahlum, dated the 7th February, emanating, strange to say, from Dr. Bridges, now reported to be Colonial Secretary elect upon the early de- parture of Mr. Mercer,* and which also bore his signature, asking that prisoners connected with the poisoning case should not be forcibly deported though “ every individual connected with the Esing establishment should be compelled to absent himself from the Colony,” and that Cheong Ahlum ‘‘in the interests of many respectable inhabitants of the Colony,” undoubtedly his credi- tors, should be allowed to remain in the Colony for a short period to settle his affairs. A counter-petition from “ fifty-one residents of Victoria,” dated the 9th February, asked for the immediate deportation of all the prisoners to Formosa. The following were the last two petitions alluded to :— Victoria, Hongkong, 7th February, 1857. To His Excellency The Governor, in the Executive Council. We, the undersigned residents in this Colony, beg respectfully to submit to you the following facts relative to Allum and nine other prisoners, now under detention under Ordinance 2 of 1857, and also relative to forty-two other prisoners similarly detained. We submit that the first above mentioned class of prisoners having been acquitted after a trial of a length unexampled in the Colony, by a majority of five jurors to one, their subsequent apprehension and detention are caleu- lated to throw discredit on our system of administrating justice in the eyes of the Chinese population, who have been led to understand that a man cannot be twice called in question for the same offence, which is in reality the case in the present instance. Furthermore, we are of opinion that prisoners who have stood their trial, and have been legally absolved from the con- sequences of the crime of which they are accused, should not, by the law, be made responsible for any secondary consequences arising out of that accusation. We are, however, strongly of opinion that it is absolutely neces- sary for the interest of this Colony that every individual connected with the Esing establishment should be compelled to absent himself from the Colony, but not by deportation, to which, under the peculiar circumstances, we object, unless voluntary banishment be not self-imposed. We therefore propose that due security be demanded for the immediate departure of all the prisoners alluded to save and except Ahlum, in whose ease we consider it to be necessary, not only in fairness to himself, but for the interests of many respectable inhabitants of this Colony, that a limited period of one or two months should be allowed for the settlement of his — * Chap, XVIIL, ia/rd. 1857, The Chinese and the prisoners. Voluntary banishment of the prisoners asked for. Petitions and counter- petitions in respect of Cheong Ahlum and the other prisoners. The peti- tions. 420 HISTORY OF THE LAWS, ETC., OF HONGKONG. Ch. XVII I. affairs ; and for whom during such limited period and against his subsequent 1857, Government decide to keep the prisoners. The crowded state of the Gaol induces the Govern- ment to release all except Cheong Ahlum. Secretary of State’s instructions. Cheong Abhlum allowed return, still higher securities should be obtained. The difference between deportation under Ordinance No. 2 of 1857, and the course we suggest, is such as we should hope would recommend itself, to Your Excellency’s favourable consideration. Geo. Lyay. R. C. ANTROBUS. A. FLETCHER. Joun D. Giss. I. F. Duncanson. C. F. Srinu. Wm. Pustau. H. T. DE SILVER. H. KinesMILu. W. A. Bowra. Wu. T. Brivess. Wa. T. Prosst. D. Laprratk. N. Crawrorp. The following was the petition of the fifty-one residents ask- ing that the prisoners be deported to Formosa :-— Hongkong, 9th February, 1857, To His Excellency the Governor of Hongkong in Executive Council As- sembled. This memorial showeth :— That your memorialists, deeply regretting the recent verdict in the case of “ The Poisoners,” and dreading the deplorable consequences, likely to arise from the liberation of any of these culprits, who, we are given to understand still remain in custody,—humbly beg of Your Excellency to enforce upon them the terms of the recent Deportation Ordinance, and with this view re- spectfully suggest that the prisoners be sent to some secure place on the island of Formosa. Signed by fifty-one residents of Victoria. It need hardly be said that neither of these petitions was favourably considered and that Government decided, as before stated, to keep the prisoners in custody until better advised as to their disposal. The crowded state of the Gaol, however, in- duced the Governor to release them all, except Cheong Ahlum, on condition that they never returned to Hongkong again. In due time, however, the Colonial Secretary advised that Cheong Ahlum also should be liberated upon similar terms, if there was found no ground for bringing him to a new trial with reference to other individual sufferers. T'inally, the Secretary of State’s instructions under date the 8th May, 1857, were that, unless further facts were forthcoming justifying fresh proceedings, Cheong Ahlum should be allowed to leave the island on the SECRETARY OF STATE’S DECISION AS TO CHEONG AHLUM. 421 understanding that he never returned. to it. The following was ch. XVII§U. the despatch in question :— 1857, i g i to leav _ Downing Street, May 8, 1857. Hane Sir,—I have to acknowledge your despatch No. 28 of the 11th of February unless fresh last, reporting the trial and acquittal of Ablum and others on the charge of facts forth- administering poison with intent to kill; and that you have detained the ee prisoners, under Ordinance No. 2 of 1857, until you receive instructions from 7 despatch: Her Majesty’s Government as io further proceedings. It is probable that the interval which must elapse before my present despatch can reach Hong- kong, will have furnished you with materials for forming your own judgment on this subject beyond those which your present despatch and its enclosures contain. . Judging, however, from what is before me, I am of opinion that if further evidence is discovered in the interim tending strongly to bring home the guilt of poisoning to Ahlum in the case of other individual sufferers, you will be justified in causing new criminal. proceedings to be instituted. But this could not be warrantable unless the grounds for such a course are of the strongest as well as clearest character. Supposing that no fresh criminal proceedings can be properly instituted, it seems to me that the best course is that indicated in the memorial or petition from Tam Atsoi and others ; namely, without resort to the extreme measure of legal deportation, unless.fresh and convincing reasons present themselves for it, to allow him to leave the island, and return to China, on the under- standing that he will not be permitted to reside and trade at Hongkong again. I have, etc., (Signed) H, LasoucueEre. Governor Sir Joun Bowrine, etc., etc. In reply, Sir John Bowring informed the Secretary of State sir John that no stronger evidence could be adduced, and that he had ee gathered from the Chief Justice in confidential conversation, despatch. that the evidence laid before the Jury did not warrant a convic- tion. As will be seen hereafter, under instructions from Home, Cheong Ahlum was discharged from custody at the end of July, 1857, after entering into a bond.* Mr. Yorick Jones Murrow, the editor of The Daily Press, the com- and also styling himself a merchant, on the 20th February com- fyint of Mr, plained to the Governor, (after having failed to obtain an expla- the Governor nation from Mr. Anstey, ) of various insinuations by the Attorney- Be biter General in his address to the jury in Cheong Ahlum’s case as reganling to the part Mr. Murrow had taken in various matters connected j,.inuations with the case and which, Mr. Murrow considered, seriously in Cheong affected him. He was informed in reply, on the 25th February, gue” that “the Governor did not consider it a matter for the inter- A Chinaman ference of the Government.” It may be mentioned at this stage Si that on the 4th February, the third day of the hearing of the for trying to poisoning case, the Chief Justice sentenced a Chinaman to six jiyman months’ imprisonment for trying to bribe one of the jury in in lec * Chap, XVIII., infra. 422 Ch. XVIT§ II. 1857. The deten- tion of Cheong Ahlum and confederates in the Police cells, Public indignation. The ‘ Black Hole’ of Hongkong. Acrimony in England upon the subject, The ‘den’ episode and the personal attack on Mr. May. Government officers and their interest in landed property. Money-lend- ing by public officers at high rate of interest, and the late Sherift Holdforth, Hymn of thanksgiving composed Ly Sir John Bowring. HISTORY OF THE LAWS, ETC., OF HONGKONG. connexion with which Mr. Murrow also alleged that Mr. Anstey had vilified him to the jury. The detention of Cheong Ahlum and his confederates in the Police cells for twenty-two days,—a place wholly unsuitable for such a purpose, as one may readily imagine after what had transpired at a Coroner’s inquest alluded to in January, 1856,* but which had met with no attention or consideration at the hands of the local authorities, —called forth much public indigna+ tion, the ‘den’ being given the cognomen of the “ Black Hole of Hongkong.” The discussion was carried on with much acri- mony in England, and an aspect generally unfavourable to the Colony taken on the whole, a correspondent of The [London] Daily News of the 9th April, 1857, in sarcasm commending the matter to the British Ambassador in Turkey, who was then urging prison reform in that country. Ministers were ques- tioned in both Houses of Parliament on the 15th May, as to the statements that had appeared in the papers respecting the con- finement of the prisoners in the cells in question and in regard to which it was said both “the humanity and honour of the country were concerned.” Correspondence regarding this matter will be found in Parliamentary Papers on Chinese A fairs for 1857. The ‘den’ episode further converted the affair into the means of making a personal attack upon Mr. May as to the nature of some house property which he had lately got rid of, and a great deal more than enough was said upon the subject. At the time of Mr. Anstey’s onslaught on Mr. Mitchell,f the Executive Council expressed an opinion that no member of the Govern- ment ought to have any interest in landed property in the island. In consequence of this several officials who held landed property sold out, denuding themselves of all interest in the Colony beyond the regular monthly receipt of their salaries. The reason of this did not require much commenting on, but there was another class of public servants who, it was said, acquired an extra interest in the Colony by lending out money at a high rate of interest. ‘The late Sheriff Holdforth,{ it is recorded, had not been the first of that class, and it remained to be seen whether the persons driven out of the means of making money by land would not take to the more disreputable means of making money by lending at usurious rates. A hymn of thanksgiving, composed by Sir John Bowring, was sung in a special service offered up to the Almighty at St. John’s Cathedral, in gratitude for His sparing mercy in relation to the poisoning case, and two letters written by Sir John Bow- * See anté Chap. XVI. § II., p. 370, + Id. § 1, p. 403. f See ante Chap. x11. § 1., pp, 276-278, and references there given. SIR JOHN BOWRING ON THE POISONING CASE AND THE CHINESE. 493 ring at the time to friends in England, containing accounts of ch.Xvilgtr. the diabolical affair, and which found their way into the press, —_jg57. will perhaps be thought of interest. The first is taken from His letters v be : haat The Western Times, and is as follows :-— aruaunta” of the Government House, Hongkong, 15th February, 1857. poisoning : ; : . case, My Dear Sir,—TI receive regularly The Western Times, and thank you for sending it. Now and then I get a Devonian here to interest himself in it. At present we have here Captain Fortescue, who commands the Barra- couta, and excellent service he has done. The vessel is the terror of the enemy. No doubt you have heard of the attempt to poison the European residenis of the Colony. No one of my family escaped, and F had several guests all of whom ate of the poisoned bread. Lady Bowring suffered much, some of the arsenic having got into her lungs.* I hope my life has been preserved for some purposes useful to my country and to mankind. It is a perplexing position to know that a price is set on our heads, that our servants cannot be trusted, that a premium is offered to any incendiary who will set fire to our dwellings, to any murderer who will poison or destroy us. Yet we try to possess our souls in peace, and I have the fullest persuasion that all which is taking place is co-operant to good—to great and permanent good. If my life and health be preserved, and I still am honoured with the confidence which is placed in me, I trust to render a good account of my stewardship. We have many grievances to redress, and I will try to redress them; many securities to obtain, and I mean to obtain them. I am sure we shall be accompanied by the good wishes of good men; with kind regards to those who remember, My dear Sir, most faithfully yours, (Signed) Jonn Bowntne. The following letter is taken from Zhe Liverpool Courier, written a few days after the previous one, and in which the same hopes are raised that the writer’s life might be preserved “for the real and enduring benefit of his country and mankind.” Although Sir John Bowring’s life was spared to a good old age, it is doubtful, however, if the administration of affairs in these parts could have been placed in worse hands. One point, how- ever, shows itself up prominently in his letter which cannot fail to be noticed and which is indisputable as regards our rela- tions with the Chinese heretofore, namely, “that the forbearance with which they have been treated has been wholly misunderstood by them, and attributed to our apprehensions of their great power ” :— Hongkong, February 24. My Dear Sir,—1 doubt not that it will be a gratification to my Manx friends, to hear from the best authority, that we are all recovered from the effects of the poison, of which several hundred persons partook on the 15th January. About 10 lbs. of arsenic had been mixed with a batch of bread issued from the largest Chinese bakery in the Colony, and the excess of the quantity * Sce reference to this, anté p. 415. + See Chap, xxv1Il., infra. 424 HISTORY OF THE LAWS, ETC., OF HONGKONG. Ch, XVII§ U.led to immediate alarm—application of emetics, and speedy. ejection of the 1857, “perilous stuff.” It left its effects for some days in racking headaches, pains in the limbs and bowels, etc. In my family, my wife, daughters, three guests, my private secretary, and myself, besides several servants, ate of the poisoned bread. Lady Bowring’s has been a bad case, as it is thought some of the arsenic had got into the lungs, but danger is over now.* _This mode of war- fare is hard to deal with, and will, I am sure, excite a general sympathy and indignation. Large premiums have been offered by the mandarins to any who shall set fire to our houses, kidnap, or murder us; and many unfortunate wretches of all nations (as the hatred of the Chinese is indiscriminating) have been seized, decapitated, and their heads have been exposed on the walls of Canton, their assailants having been largely rewarded ; they have even torn up the bodies of Christian men from their graves, in order to decapitate them and expose their mutilated skulls to the public gaze. All this is suffi- ciently horrible, but I doubt not the results-will be most beneficial ; for certainly we shall exact indemnities for the past, and obtain securities for the future. We shall not crouch before assassination and incendiarism, you may be assured. I did all that depended upon me to promote conciliation and establish peace. ‘This was obviously my duty, but every effort I made was treated with scorn and repulsion. The forbearance with which the Chinese have been treated has been wholly misunderstood by them, and attributed to our apprehensions of their great power, and awe of the majesty of the “Son of Heaven.” So they have disregarded the most solemn enga- ‘gements of treaties, and looked upon us as “barbarians,” who, in a moment of success, imposed conditions from which they were to escape when occasion offered, and when they could (in their judgment) safely do so. I doubt not that Government, Parliament, and public opinion will go with us in this great struggle, and pray that my life may have been preserved for the real and enduring benefit of my country and mankind. Ever faithfully yours, Joun Bowrrne. Wiiuam KExty, Esq., Douglas, Isle of Man. * See her departure and death—Chap. xx., infra. CHAPTER XVIII. 1857. Departure of Mr. Mercer on leave.—Dr. Bridges appointed acting Colonial Secretary with’ private practice, and a member of the Executive and Legislative Councils.— Arrangement cavilled at.—Mr. Anstey dissatisfiel—Mr. Anstey’s relations with Sir John Bowring.—Dispute between Mr. Anstey and Sir John Bowring at a meeting of the Royal: Asiatic Society.--Legal oficial communications ordered to be sent to the Crown Solicitor.—Hostilities between the Executive and Mr. Anstey.—Piratical seizure of the Queen.—Reconstruction of the Legislative Council.—Officer commanding troops, member of the Executive Council.—Mr. Joseph Jardine, member of the Legislative Council.—Messrs, Forth and Davies, oficial members.—Mr. George Lyall, unofficial mem- ber.—F'resh attempt at bread poisoning.—Police warning..—Order of Court regulating proceedings in writs of Foreign Attachment —Gaol Commission.—‘ Governor of, the Gaol’ created.—Mr. Inglis appointed —No legal authority for creation of title ‘Governor of the Gaol.’ —Ordinance No. 1 of 1853.--Military guard’ withdrawn from the Court House.— Incendiary fire —Headless body found.—Feeling of insecurity.—Departure of Mr. Alex- ander. Registrar. on leave.—Mr. Masson, acting Registrar.—Exeeution of Ng King Leang, —Order of the Queen-in-Council of 2nd February, 1857, for the conveyance and removal of British subjects convicted in China.—Murder of Mr, C, Markwick, Government Auc- tioneer.—Chief Justice Hulme and the ‘ black cap.’—Origin of the black cap.—Mr. Dud- dell appointed Government Auctioneer.—Mr. Jarman, Appraiser of the Supreme Court.— Death of Mr. J. Brown, solicitor.—Attempt to. carry off Colonel Caine and Mr, Caldwell, —Ordinance No. 6 of 1857.—The Governor proposes its suspension, which is objected to by the Chief Justice, Attorney-General, and others.—Ordinance No. 8 of 1858,—Dr. Bridges summonses two respectable residents for a public nuisance.—Ordinance No. 17 of 1844,— Dr. Bridges abused.—Sir James Graham in the House of Commons,—The .17 rem incident. —‘“‘The advantage of the opinion of the acting Attorney-General.”— Major-General Garrett,—Lieutenant-General Ashburnham.--Scene in Court between Mr. Anstey and Dr. Bridges.— Regina 7. Cheong Ah Ng.—Dr. Bridges informs the Court of the disallowance of Ordinance No. 15 of 1856 and prisoner wrongly convicted.—Mr. Anstey’s contempt for the quibble started by Dr. Bridges.—The Chief Justice’s ruling.—The mistake committed in appointing Dr. Bridges Colonial Secretary with private practice.—Mr, W. H. Mitchell goes on leave.—Mr. May, Assistant Magistrate.— Mr. Grand-Pré, acting Superintendent of Police. —Mr, W. Tarrant recovers damages against Cheong Ahlum.—Mr. Anstey and. Dr. Bridges as counsel in the case.—The anomalous position of Dr. Bridges.—Dr. Bridges’ visit to the Karl of Elgin on board H.M.S. Shannon.— Altercation between Captain Peel and Dr. Bridges for flying the Governor’s flag.— Lord Elgin’s levée and departure.—Constables convicted of extortion.—Conviction of Wong Ahlin for burglary.—Granted a free pardon. —Capture and conviction of Eli Boggs, the American pirate.—Trial of Captain and offi- cers of the American ship John Wade for murder,—Chinese Trades Unions and Secret Associations.—-Government warning.—Important arrests and conviction for unlawful assembly of tailors, shoemakers, and washermen.— Failure of attempt to enlist Malays at Singapore, for the Police.—Mr. Grand-Pré enlists discharged Portuguese soldiers from Macao.—No Police barrack accommodation.—Cheong Ahlum is discharged from custody * + under instructions from the Sccretary of State.— His creditors in the lurch.—Mr. Tarrant’s attack upon Dr. Bridges in consequence.—He is prosecuted by Dr. Bridges for libel —Mr, Tarrant addresses the Secretary of State.—Land reclamation. The Bowring Praya.— Secretary of State’s instructions regarding mode of compensation for damage, Chap. XVIII Mr. Mercer, Colonial Secretary and Auditor-General, having Departure of obtained eighteen months’ leave of absence on the 14th Fe- Mr, Mereer bruary, Dr. W. T. Bridges, who was on terms of great intimacy Dr. Bridges with Mr. Mercer, was, on the recommendation of the latter, oe appointed on the same date to officiate for him, retaining at the Colonial ; : ; ; Secretar same time the right to follow his own profession, and he was at yith private once sworn in as a provisional member of the Executive and practice, Legislative Councils, — 426 Chap. XVII, 1857. and a mem- ber of the Executive and Legisla- tive Councils. Arrangement eavilled at. Mr, Anstey dissatisfied, Mr. Anstey’s relations with Sir John Bowring. Dispute between Mr. Anstey and Sir John Bowring at a meeting of the Royal Asiatic Society, HISTORY OF THE LAWS, ETC., OF HONGKONG, This arrangement was cavilled at by the community, but it was said that the Governor was in a dilemma and had applied to Dr. Bridges as “‘ the most suitable person” to fill the post, and urged upon him as a point of duty that he should under- take the office, which Dr. Bridges only consented to do provided he could still retain his right to practise at the bar. The half pay available for the office was only £600 a year. It is but right that what was stated against the propriety of allowing Dr. Bridges private practice whilst acting in the high position of Colonial Secretary and Adviser to the Governor, and therefore as incompatible with such position, should be reproduced at this stage as showing that public opinion was not wrong in raising a cry against the anomalous and extraordinary privilege allowed to Dr. Bridges, having regard especially to the irregularities that were alleged against him afterwards :— “Dr. Bridges may well say ‘Mr. Mercer is one of his dearest friends, and that he would rather that his tongue should drop out of his mouth than say anything against him.’* The language is strong but perhaps true. If the new msn were to devote himself solely to the duties of his office, perhaps, as far as a good insight into Hongkong matters goes, we could have no better man ; but he is to be allowed to practise as a barrister ; to be at the beck and call of every man who can pay him a fee; to attend before the Judge on summonses, on motions, in hearings in Court, all implying private study and occupation of time. Now, what the public want, and what they have a right to get, is, the entire labour of an intelligent man .... xo man can serve two masters,” How far these remarks proved correct,—though Sir John Bowring afterwards explained to the Home Government why he had appointed Dr. Bridges,t—subsequent events will show. At all events Mr. Anstey who, as Attorney-General, had reason to be dissatisfied with the arrangement, took no small share of credit in disclosing afterwards the irregularities laid at Dr. Bridges’ door, arising from the dual and varied position he held. But the public well knew by this time that the Govern- ment was divided against itself, and that Mr. Anstey disdained to hold intercourse of any kind with Sir John Bowring. Al- tercations, indeed, had already taken place between the Governor and the Attorney-General in public. Ata late meeting of the Royal Asiatic Society there occurred a dispute between them. Sir John Bowring had read a translation of a short Siamese story which, he said, he had received from an American lady thus leading to the inference that she was the original translator. A member of the Society had a remembrance of having seen the tale before, and turning up The Chinese Repository discover- ed that it had been translated by the first Mrs. Gutzlaff{ many * Sce anté Chap. XVII, p. 418. { See Governor Bowring’s despatch of the 4th June, 1958, to the Secretary of State, Chap. XX1., infra. és | De, Gutziat, as will be remembered, was three times marricd—see anté Chap. XII. IT... 8 RECONSTRUCTION OF THE LEGISLATIVE COUNCIL. 427 years before. Mr. Anstey thereupon charged Sir John with Chap. XviL something like a wilful attempt to impose on the Society. The Governor said Mr. Anstey used very strong language, to which the latter replied “that if he could have made the language stronger, he would.” The Society, however, adopted the more charitable inference that Sir John Bowring had been imposed upon.* Dr. Bridges was now taken to be at the Governor's elbow, and persons having legal communications to make to the Govern- ment were ordered to make them through the medium of the Crown Solicitor! The following Notification will bear repeti- tion, and at this date cause amusement :— GOVERNMENT NOTIFICATION. Notice is hereby given that all official communications involving questions of law are hereafter to be sent, in the first instance, to G. Cooper Turner, Esquire, who will take the necessary steps with reference to the same. By Order, W. T. Bripaes, deting Colonial Secretary, Colonial Secretary's Office, Victoria, Hongkong, 17th February, 1857. Hostilities between the Executive and Mr. Anstey may now be said to have reached an acute stage, and it is remarkable, con- sidering the otherwise disturbed state of affairs in the Colony, that nothing more eventful had happened. But more anon. On the 26th February Government offered heavy rewards for the apprehension of those guilty of a piratical seizure of the steamer Queen. On the same day it was announced that a reconstruction of the Legislative Council had been sanctioned by the Home Government by a slight increase of both classes, officials and unofficials,t and further that the senior military officer commanding the troops shall at all times be a member of the Executive Council.{ Accordingly, on the 9th March, Mr. Joseph Jardine was gazetted a member of the Legislative Coun- cilin the place of Mr. David Jardine, deceased,§ and on the 15th May, Mr. Forth, Colonial Treasurer|]; Mr. Davies, Chief Magistrate, and Mr. George Lyall were gazetted official and un- official members respectively, all these appointments being sub- sequently confirmed from Home. * Notwithstanding the clear proof thus established, as to Sir John Bowring having at least been imposed upon, he nevertheless subsequently adhered to his statement, as is to be seen in his work on ‘Siam,’ Vol. 11., Appendix D., p.378, and wherein will be found re- produced the story in question, headed “Translation by An American Lady, of a Siamese Story.” 4 See Mr. Labpucherc’s despatch on the subject, alluded to anté Chap, XVI. § 11., p, 395, I On this subject see also Vol. 11., Chap. UXXXVII, and UXXXIX. § Ante Chap. XVII. § 1., p. 407. 2 || Formerly Captain 21st Fusiliers, 1857. Legal official comimunica- tions ordered to be sent to the Crown Solicitor, Hostilities between the Executive and Mr, Anstey, , Piratical seizure of the Queen, Reconstruc- tion of the Legislative Council. Officer commanding troops member of the Executive Council. Mr. Joseph Jardine, member of the Legislative Council, Messrs. Forth and Davies. official members. Mr. George Lyall, unofiicial | member, 428 Chap. XVIU. 1857, Fresh attempt at bread poisoning. Police warning. Order of Court regulating proceedings in writs of Foreign Attachment. Gaol Commission. * Governor of the Gaol’ created, Mr. Inglis appointed, No legal authority for creation of title ‘Governor of the Gaol,’ HISTORY OF THE LAWS, ETC., OF HONGKONG, Since the bread-pdisoning case, naturally the people in Hong- kong, other than Chinese, had always been fearful lest a repeti- tion of the attempted offence took place and consequently great precaution was exercised, and it was with horror that the community learnt that a baker in the employ of Mr, Duddell, who had now become the principal baker in Ilongkong, had been overheard to tell his fellow-workmen that he liad been offered $2,000 to mix a soporific with the biscuit dough. The man was immediately taken into custody, and the following warning was posted at the Club House, where, it would ap- pear, the principal residents now gathered daily for news, and also at the Central Police Station :—- Police Department,. 4th March, 1857. The Superintendent of Police considers it right to intimate to the foreign community, that it is not desirable to relax the system of vigilance maintain- ed within the Colony. The Superintendent does not desire to excite alarm, and begs to state that no positive source of danger is known ; but with a treacherous enemy, ap- pearances ought not to be relied upon, or induce a feeling of security to the neglect of precautionary measures. C. May. Life, under such circumstances, quite apart from the dis- sensions then prevalent, could not have been a very happy one in Hongkong, at this period of its history. On the 5th March the Court passed an Order regulating proceedings in writs of Foreign Attachment, which, after ap- proval by the Legislative Council, was duly published. It was notified on the 9th July that the same had been approved by the Queen. In consequence of the frequent delinquencies connected with prison discipline, a Commission was appointed, on the Sth March, to inquire into the condition of the Gaol, resulting in the creation of the appointment of a responsible head known as ‘Governor of the Gaol of Victoria.’ The post was conferred, on the 12th May, upon Mr. A. L. Inglis, the Deputy Sheriff, who was sworn in as a Justice of the Peace on the same date. Mr. Inglis, it will be remembered, had resigned the office of Registrar-General in May, 1849,* and subsequent records show that he had done so in order to proceed to the gold fields of California, which apparently had proved unprofitable to him. He had a good knowledge of the Cantonese dialect, and this, added to the fact that he had before proved a valuable officer, and that there was a scarcity of reliable officers on the spot, no doubt induced the Government to employ him again. Under what authority the title ‘Governor of the Gaol’ was * Ante Chap, XL, p. 244, MURDER OF MR. CHARLES MARKWICK. 429 created is not apparent. Ordinance No. 1 of 1853 ‘for the Chap. XVIII. Regulation of the Gaol’ gave no such power.* The Court House up to this time had been in charge of a military guard, This guard was withdrawn early in March, for what reason is not shown,t} though it may have been due to short- handedness, and to the more frequent calls on the military. The presence of the guard, it is recorded, had always induced an agree- wble feeling of security, and their withdrawal at the present crisis was not looked upon with any satisfaction, especially as the Government was gradually proceeding with a reduction of the Police Force, and it was not unnaturally considered, having regard to the times, that it was acting unadvisedly, if not hastily. An incendiary fire had stirred up the vigilance of the author- ities, and a body found without a head near the town, gave people a disagreeable feeling of insecurity. Notwithstanding this, however, the authorities persisted in withdrawing the military guard from the Court House and in reducing the Police Force, though probably there was an excuse as regards the Europeans who formed part of the latter, taken in connexion with their irregular proceedings. Mr. Alexander, the Registrar of the Supreme Court, :pro- ceeded on eighteen months’ leave of absence on the 11th March, being replaced by Mr. Masson, Deputy Registrar, and the latter by Mr. F. W. Mitchell. Ng King Leang, one of three prisoners condemned to death at the extra Sessions of the 27th March, as being leaders in the revolt of the coolies on board the Gulnare, was executed on the 9th April in the presence of his two accomplices to whom grace had been extended. On the 31st March was published an Order of Her Majesty- in-Council dated the 2ud February, providing .for the conveyance and removal of British subjects convicted of crimes and offences committed within the dominions of the Emperor of China. Mr. Charles Markwick, the Government Auctioneer, an old man of sixty-three years of age, who had been resident in China for thirty years, was found strangled in his bed on the morning of the 2nd April. He had been sick and confined to his bed for some two or three weeks. The deed was perpetrated by his door-coolie, who decamped, the motive being robbery. Arrested shortly afterwards outside the Colony, Ho Apo, the murderer, was tried before the Supreme Court on Monday, the 4th May, found guilty, and sentenced to be hanged, the execu- tion taking place on Wednesday morning, the 13th May. * Upon this point see Vol. 11., Chap, XXxXVITI. + See anté Chap. VIII. § I1., p, 183. { Anté Chap. xvI. § 11., p. 383, 1857. Ordinance No. 1 of 1853. Military guard. withdrawn from the Court House, Incendiary fire. Hendless body found, Feeling of insecurity. Departure of Mr. Alexander, Registrar, on leave. Mr. Masson, acting Registrar. |, Execution of Ng King - Leang. Order of the Queen-in- Council of 2nd Febru- ary, 1857, for the conveyance and removal of British subjects convicted in China, Murder of Mr. C, Markwick, Government Auctioneer, 430 Chap. XVII. 1857. Chief Justice Hulme and the , black cap.’ Origin of the black cap. Mr. Duddell appointed — Government Auctioneer, Mr. Jarman, Appraiser of the Supreme Court. Death of Mr, J. Brown, solicitor. Attempt to carry off Colonel Caine and Mr. Caldwell. . Ordinance No, 6 of 1837, The Governor proposes its suspension, HISTORY OF THE LAWS, ETC., OF HONGKONG. It is said of Chief Justice Hulme that he never carried his ‘black cap’ when taking the Bench in Criminal Sessions. He invariably. left it behind, and whenever a jury returned a verdict of guilty carrying with it a sentence of death, Chief Justice Hulme would then retire for a few minutes, presumably going for his ‘black cap,’ and return into Court with the cap on.* It is popularly supposed that the black cap is assumed by a Judge only in passing sentence of death. This, however, is a mis- take. Itis a portion of ordinary judicial costume, and is worn on many occasions. It isan emblem, of course, of the Judge’s great judicial dignity and importance, he being entitled to be covered, even under the most solemn circumstances, and in the presence of the Sovereign herself. It is worn when in presence of the Sovereign, at her coronation, and in her courts. But the most solemn occasion when the black cap is assumed is when passing sentence of death. Immediately after the Clerk of the Crown has “called upon the prisoner” to know “why judgment of death should not be passed upon him to die according to law,” the Judge solemnly places the cap upon his wig, and proceeds with his sad duty. On the 14th April Mr. George Duddell was gazetted Govern- ment Auctioneer in succession to Mr. Markwick, and Mr. James Jarman succeeded the latter as Appraiser of the Supreme Court. Mr. James Brown, solicitor and notary public, of the firm of solicitors known locally as Gaskell and Brown, died on the 28th April, at the age of thirty-five. At the Criminal Sessions held on the 2nd May, Chun Achee and two others were tried for high treason, the charge being that he had confederated with others to kill or carry off Colonel Caine, the Lieutenant-Governor, and Mr. Caldwell, the Protector of Chinese. Chun Achee being found guilty, sentence of death was recorded against him, the two others being discharged. On the 5th May, the Legislature passed Ordinance No. 6 of 1857 “for registration and regulation of the Chinese people... and for other purposes of Police.” It contained no less than forty-five sections. The late troubles had called the attention of Government to the necessity of ridding the Colony of the many bad characters which infested it. After the Ordinance * See the trial of Gibbons and others, for murder, February Criminal Sessions, 1859, Chap. XXV¥I., tufra. OPINION OF DR. BRIDGES COMMENTED UPON IN PARLIAMENT. 431 had been actually published, an attempt was made by Sir John Chap. XVIII. Bowring to suspend its action, so far as the registration itself was concerned, on the plea of want of means, but the Governor was opposed by the Chief Justice, the Attorney-General, the Colo- nial Treasurer, and the three non-official members of Council, all of whom considered the measure one of absolute necessity for the safety and welfare of the Colony ; insisting that even if there were no funds for such a purpose, application should be made to the Home Government for a grant. The Ordinance, however, only survived but a short time, being repealed on the 10th May, 1858, by Ordinance No. 8 of that year. Dr. Bridges’ conduct was now strongly commented upon in consequence of his summoning two respectable inhabitants, Messrs. Mody and Dadhabhoy Eduljee, who lived opposite to him in Hollywood Road, for what he construed into ‘a public nuisance” under Ordinance No. 17 of 1844, in’ that they had disturbed his rest on the night of Saturday, the 2nd May, till early morning’ of Sunday, “ by a noise of singing, clapping of hands, and stamping of feet, and where a convivial party was being held, in consequence of which neither he nor Mrs. Bridges could sleep.” Mr. Davies, in dismissing the case, said the Ordi- nance did not apply. Nor did it,* and naturally occasion was taken to abuse Dr. Bridges, a propos of whose conduct an incident in the House cf Commons on the 27th February, 1857, was now brought up and quoted, evidently in retaliation. Sir James Graham, in his speech on Mr. Cobden’s motion regarding the seizure by the Chinese authorities in Canton of the crew of the lorcha Arrow, sailing under British colours but whose nationality was disputed by them and which was eventually the cause of our hostilities with China, in conse- quence of their hauling down the British flag on board that boat, said ‘that it was pretended that the owner was a British subject, but that,” added Sir James Graham, “ was only contended for by the acting Attorney-General ; for our friend, Mr. Anstey, had not arrived when these events happened, and Sir John Bowring had only the advantage of the opinion of the acting Attorney-General.” So much for Dr. Bridges’ interference with his neighbours and for his officiousness. Major-General Sir Robert Garrett, K.c.B., having assumed the command of the troops in Hongkong, was sworn in as a * How this Ordinance could have been construed by Dr. Bridges as applying to such an. ‘offence’ (sic) scems astonishing. As will be recollected, Ordinance No. 17 of 1844 was passed by Major-General D’Aguilar in connexion with the bamboo-beating nuisance of the time and applied strictly to noises made by watchmen in private employ (see anté Chap. I1., pp. 56, 57). It is not clear, however, under what law Major-General D’Aguilar subsequently ‘prosecuted and brought to conviction a Mr. Welch for an almost similar ‘offence’ as that which Dr. Bridges complained of (see anté Chap. 111. § II., p. 87). A resident, Mr. Strachan, seemed nearer the point when he construed clause 12 of section 2 of Ordinance No. 14 of 1845, as applying to his case (anté Chap. XII. § I1., pp. 304-806), 1857. which is objected ~~ to by the Chief Justice, Attorney- General, and others. Ordinance . No. 8 of 1858. Dr. Bridges summonses two respect- able residents for a public nuisance. Ordinance No. 17 of 1844, Dr. Bridges abused, N Sir James Graham in the House of Commons. The Arrow incident. “The ad- vantage of the opinion. of the acting Attorney- General.” Major- General Garrett, 432 HISTORY OF THE LAWS, ETC., OF HONGKONG, Chap, XVIUI. member of the Executive Council on the 25th May, but relin: 1357, quished that position on the arrival of Lieutenant-General the Lieutenant- Honourable Thomas Ashburnham, c.B, on ‘the 12th June oenere ham, following, as Commander-in-Chief of the Land Forces. Scene in A shameful scene took place in Court between the Attorney- Vout, General and the acting Colonial Secretary, Dr. Bridges, at the Mr. Anstey Criminal Sessions held on the 25th May. At the conclusion of Dies. the trial of The Queen v. Cheong Ah Ng, for larceny, after the Reginar, | Attorney-General had retired, Dr. Bridges, the acting Colonial Ae Secretary, informed the Chief Justice that the prisoner had been Dr. Bridges improperly convicted, the witnesses being unsworn, the Ordi- informs nance which allowed unsworn examinations (No. 15 of 1856) ea having been disallowed. It may be mentioned that The Govern- disallowance ment Grazette of Saturday, the 23rd May, contained a Notification Noisof . of the disallowance. by the Home Government of Ordinance No. 1856 and 15 of 1856,*—‘ An Ordinance for amending the Law of Evidence wrongly and Trial by Jury,’—-the fourth clause of which was as fol- convicted. lows a +, A heathen witness, in any Court or before any person empowered to administer an oath, shall not be sworn either before or upon giving his testimony, unless the said Court or person shall think fit so to direct ; in which ease the said witness shall be sworn according to his conscience. But every heathen witness shall, before the taking of his said evidence, be by, or by the order of, the said Court or person, duly warned to speak the truth, and informed of the penalties to which, in case he shall not speak the truth he will become liable ; it being hereby declared and cnacted, that the penalties of perjury shall be deemed and taken to apply to false testimony given by any such witness, whether sworn or unsworn, in any case where, if he had given the same upon oath, he would by law have thereby become liable to the same, An inexcusable oversight, it seems, was committed by the local Government, in their not having officially notified. the Attorney-General of the disallowance of the Ordinance ; but that Mr. Anstey was aware of it through the Gazette, he did not profess todeny. Notwithstanding the disallowance, he allowed the case to be tried without the witnesses being sworn--a course in which, as_ will be shown, he was justified. by the terms of a subsequent Ordinance. But now for a description of what really did oceur in Court. Immediately before the jury had returned their verdict, the acting Colonial Secretary called to him the Crown Solicitor, and pointed out that the Attorney-General had overlooked the disé allowance of the Ordinance, and that a verdict under the circum- stances would be illegal, and might lead to the escape of the prisoners. Mr. Cooper Turner thereupon crossed over to Mr. “ See anté Chap. X11. § 11, p. 815 nate, THE INCONGRUOUS POSITION OF DR. BRIDGES. 433 Anstey, and told him what Dr. Bridges had said. Mr. Anstey, Chap. XVIII. however, took.no further: notice of it, but, on the verdict’ of guilty being returned, instantly, as was his custom, it is said, left the Court. Dr. Bridges then went up to the Regis- trar’s desk, and ‘said something to the Chief Justice, which appeared to be, of the same tenor as the message delivered to Mr. Anstey through Mr. Turner, for His Lordship sent for the Attorney-General, and explained to him what had been said. Mr. Anstey thereupon “ expressed great indignation at the con- duct of the Executive Government, as represented by Dr, Brid- ges—said that they had not deigned to show him the despatch disallowing the Ordinance, or even to communicate its tenor, except through the Government notice open toall.” Mr. Anstey further intimated the utmost contempt for the technical quibble started,—and denied the right of the acting Colonial Secretary to appear in Court at all. ‘If he and his friends,’ said Mr. Anstey, ‘think me unfit to fulfil my functions, there-is another tribunal before which they can cite me, and let them there do their worst.’ He then referred to cases reported in The Hongkong Register for December, 1851, and January, 1852, and contended that the Court had power [under Ordinance No. 5 of 1856, s. 4,*] to admit unsworn testimony, independently of the disallowed Ordinance. He also reminded the Court. of cases where, Mr. Hulme himself had so ruled during the present, Attorney-Generalship.- The Chief Justice, on examining the cases in question, said that it was so, and that he was of opinion the present conviction was correct ;—~but, says a report, ‘“‘at the same time hinted in his own quiet but firm way to the Attorney-General, that, since he had been aware of the circumstance, it was his duty ‘to have informed the Court of the disallowance of the Ordinance, and at all events thus have permitted him (the Chief Justice) the exercise of his. privilege.” °° BO gaa This matter again showed what a grave error had been com- mitted in the bestowal of the Colonial Secretaryship with pri- vate practice upon Mr. Bridges whose present offence could not be Jooked upon as a slight one He was a sworn barrister practising in the Supreme Court and at the moment was waiting * The following was the section :—"' Every Court, Magistrate, Commissioner, or offi- cer qualified to take affidavits or depositions in any matter. civil or criminal, wheré any person competent to give evidence or make affidavit therein shall refuse to: be sworn thereto, may, at his discretion, permit him or her tomake an unsworn declaration or statement of his or her testimony in'the said matter, which said declaration or statement shall thence- ‘forth have thé same force and effect in‘ all respects.as his or her deposition or affidavit (as the case may .be) to the like purport, if sworn to in, the usual way, would have. had : But no such permission shall be granted to any person who shall not have been first, by the said Court, Magistrate, Commissioner, or Officer, duly warned ’to speak the truth, arid informed of the penalties which he or she will incur by making a ‘false declaration or statement under this Ordinance ; and further, who shall not (anless‘he or she happen-to be a heathen) have first satisfied the said Court, Magistrate, Commissioner, or officer, that his or her objection to take the oath proceeds from a religious or conscientious belief that the taking of an oath is unlawful.” 1897. Mr. Anstey’s contempt for the quibble started by. Bridges, The Chief Justice's ruling. The mistake committed _ in appoint- ing Dr. Bridges Colonial 434 Chap. XVI. 1857, Secretary with private practice, Mr. W. H, Mitchell goes on leave. Mr. May, Assistant Magistrate. Mr. Grand- Pré, acting Superin- tendent of Police. Mr. W. Tarrant recovers damages against, Cheong Ahlum, Mr. Anstey and Dr. Bridges as counsel in the case, The anoma- lous position of Dr. Bridges. HISTORY OF -THE LAWS, ETC., OF HONGKONG. to make a motion in that Court; he saw what he considered an illegal trial taking place, yet he allowed that trial to come toa conclusion, and then, when he thought there was no remedy, he interfered in an improper manner. Such startling revelations must only have tended to prove that at least Mr. Bridges had no gréat knowledge of law. As might be expected this little inci- dent gave cause to unpleasant correspondence afterwards between the belligerents, with backstairs trickery and undoubtedly coming revenge as a prelude. Mr. W. H. Mitchell, Assistant Magistrate, Sheriff, and Mar- shal of the Vice- Admiralty Court, having obtained six months’ leave of absence on the 30th May, Mr. May was appointed as before, to act in the various positions, Mr. Grand-Pré taking over the acting Superintendentship of Police. On the 23rd June the case of Tarrant v. Cheong Ahlum was heard at Nisi Prius, when the Jury awarded $1,010 to the. plaintiff, Mr. William Tarrant, editor and proprietor of the local paper Friend of China,* for damages sustained in conse- quence of his having been poisoned by bread delivered by the defendant on the 15th January. It was evident that the action, even if successful, would be, in the result, only throwing water on a drowned mouse. Cheong Ahlum may have originally gone into Gaol a rich man, but it was expected that, when he was finally released when orders as to his disposal were received from Home, he would not carry very much out with him, except perhaps the ‘white-wash,’ Consequently the verdict of $1,010 puzzled most people to know why this case, brought by one of the several hundreds poisoned, should have taken so much money to effect a cure. Curiously enough, in this case, Mr. Anstey, the Attorney-Gene- ral, was counsel, and Mr. Cooper ‘Turner, Crown Solicitor, solici- tor for the plaintiff, while Dr. Bridges, acting Colonial Secretary, was counsel, with Mr. Stace, as solicitor, for the defendant. While it did not appear that there was any great harm that the plaintiff should have been represented as he was, considering the cause of the action, it certainly appeared anomalous, if not morally wrong, considering especially the cause of his then detention, that the defendant should have been represented by a gentleman who then held the position of Colonial Secretary and in which he had advised the Government. It will also be remembered that Dr. Bridges had also defended Cheong Ahlum when on his trial for the attempt at poisoning.t But such was then the state of affairs in Hongkong that nothing would appear astonishing to any one * Sco ante Chap, XII. § 1., p. 280. qT Ante Chap, XVIL. § IT, p. 416, DR. BRIDGES AS REPRESENTATIVE OF SIR JOHN BOWRING. 435 familiar with the records of that time, and of course ‘money’ or Chap. XVIII otherwise ‘ private practice’ formed the basis of these immoral- 357, ities. In connexion with Dr. Bridges, a good story is told at this pr. Bridges’ period having reference to a visit he paid on board H.MS§, jBit te Elgin Shannon to the Earl of Elgin and Kincardine, Her Majesty’s on board Plenipotentiary to China, who had arrived in Hongkong ‘on EMS. the 2nd July. Having regard to the legal position he held, ee? the narrative will not be considered out of place. As Sir John Bowring was unwell on the day following' Lord Elgin’s arrival, Dr. Bridges, with Mr. Wade and Mr. Parkes, of the Diplomatic Department, went off to the Shannon to convey the Governor’s regret at not being able to wait upon His Lordship. Dr. Bridges, as representing the Governor, thought he had a right to fly the Governor’s flag, which he accordingly displayed on the staff at the stern of the barge. As soon as this flag was Altercation seen from the Shannon, the drums beat to quarters and a guard es of honour was drawn up ready to receive the Governor. One Peel and Dr. of the officers on board, who knew. both the Governor and Dr. ioe Bridges, informed Captain Peel that the Governor was not in Goserney's the boat ; the crew and guard were thereupon dismissed, and Dr. ““* Bridges was received by Captain Peel on the quarter deck, when the following conversation took place between him and Dr. Bridges :— Captain Peel.—What do you: mean, Sir, by flying that flag? You have nearly caused me to give you a Governor's salute. | Dr, Bridges [stammering and confused, but trying to look bold.|—Sir, Sir, I represent the Governor. Captain Peel.— You represent the Governor., You lave no business’ to fly that flag, Sir, = Here, it is reported, the post captain turned round and walked aft, leaving ‘‘the representative of Her Majesty’s representative planted there to the admiring and quizzical gaze of the officers and crew of H.M.S. Shannon.” In the meantime the two gen- tlemen representing the diplomatic department were admitted, and after their audience, Lord Elgin, who, it is said, laughed heartily at the discomfiture of Sir John’s representative, desired him to be admitted. = During his stay in Hongkong, Mr. Wade, in his capacity of Lord Eigin's Chinese Interpreter, was attached to the. suite of Lord Elgin, (ycaene who held a public levée on the 8th July, and left for Calcutta on the 16th of the same month by the Shannon. 436 Chap. XVIII, 1857, Constables convicted of extortion. Conviction of Wong Ablin for burglary. Granted a free pardon. Capture and conviction of Eli Boggs, the Ameri- can pirate. Trial of Captain and officers of the American ship John Wade for murder. Chinese Trades Onions and Secret Associations, HISTORY OF THE LAWS, ETC., OF HONGKONG. The Criminal Sessions of June began on Tuesday, the 30th of that month. The list was a very long one and very important, as containing the names of six foreigners for trial on very serious charges. On the first day of the Sessions, two Police Constables charged with extortion were - sentenced to three months’ imprisonment with hard labour, and a Chinaman named Wong Ahlin convicted of burglary was sentenced. to ten years’ transportation. He did not, however, remain long in prison, for on the 27th October, 1858, he received a free pardon, on what grounds it does not appear, though it was surmised to be for “pood behaviour” only. On Saturday, the 4th July, the trial of Eli Boggs, an Ameri- can, for piracy and murder, took place. He, like W. Fenton, whose case is reported early i in 1852,* was a well known leader of pirates, and several cases were clearly traced to him, especially of shooting down men on board the different vessels attacked. The United States Consul, now styled ‘ General’ Keenan,} with the permission of the Court, addressed the jury on behalf of the prisoner. The jury, taking a merciful view of his case, found him guilty of piracy only, and the: Chief Justice sentenced him to transportation for life. It was matter for regret that an example was not made of this man for the benefit of a large class of men who were at this period still engaged i in the same pursuits.f Another brutal case, in which Americans also were con: cerned, was tried on the same date. It was that against the master, the first and second officers, the carpenter, and the steward of the American ship John Wade, for the murder of a scaman of that ship, The master and first officer were defended by Mr. Day, and, at the request of the Chief Justice, Mr. Kingsmill undertook. to watch the case on behalf of the others.§. The evidence disclosed a most revolting series of cruelties perpetrated on the deceased and all the crew, principally by the second mate. Here again the jury took a merciful, view of the case, acquitting the ‘last. two and finding the other three guilty of manslaughter. They Were, as in the other case, sentenced to transportation, The authorities were now called on to interfere with the Trades Unions which had of late given trouble. They weré in reality secret associations which had Tong existed among” ‘the Chinese in the Colony, and which were not confined to the artizans but extended to every cal of ees The books of these * Antd Chap. XII. § IIt., p. 316. + See anté Chap. XVI. § I, p. 868. _[. See his release noticed in Chap. XXX1., infrd. § On the subject of assigning Counsel to defend pr isoners, see ante Chap. XVI, 90 i ” p. 381, and references there given. , DIFFICULTIES IN OBTAINING RECRUITS FUR POLICE. 437 societies were in the hands of the Government and showed a Chap. XVIT. system of private intimidation by means of fines, of the existence of which those best acquainted with the Chinese had no previous eonception. On the Ith July, a Government Notification appeared upon the subject which was as follows :— “ Whereas, according to the law of England,* every tradesman or mechanic is at liberty to perform his work at whatever rate of remuneration it seems good to himself to accept, and all combinations for the control of such liberty are illegal : this is therefore to give notice that any persons found to be inter- fering as above with the freedom of trade will be prosecuted by Government.” Upon the publication of this warning, several important arrests were effected and a large number of men fined for illegal assembly, consisting principally of tailors, shoemakers, and washermen. - 7 Strictures about the Police poured .in again at this time. The Government, at their wit’s end; decided upon making an attempt to enlist Malays in Singapore, but the attempt proved a failure} Mr. Grand-Pré, on the other hand, succeeded in securing at Macao the services of thirty Portuguese soldiers dis- charged from the garrison there, their time of service having éxpired. “These men bore excellent characters and had been strongly recommended by the Governor of Macao. The records do: not show how.these. particular men bore themselves after- wards, but from the frequent complaints made from time to time in regard to the constitution of the Force, it is doubtful whether these helped in improving its morale. One cause assigned for the unsatisfactory state of affairs was that there was, up to this period, no barrack accommodation for the men, who lived where they could, many of them “in low and dirty hovels” and under no discipline whatever. In the middle of July instructions were received from the Secretary of State to discharge from custody Cheong Ahlum who had: been under detention since the 5th February last, f but he ‘was only discharged at the end of July, on signing a bond that he would not return to the Colony before the expiry of five years under the penalty of one thousand pounds. This bond was drawn up by Mr. Inglis, the ‘ Governor of the Guol.’§ On signing ‘it, Cheong Ahlum was at once discharged, and immediately left the island, leaving his creditors in the lureh. One of them, Mr. Tarrant, the editor of The Friend of China, who had, it will be remembered, recovered damages against Cheong Ahlum. Having such a weapon as his paper at his command, * See Introduction, p. 24, note. + Upon the subject of the Malay as a Policeman, see ante Chap. XII., p, 279. { See anté Chap, XVIL, § II., p. 418. a § As to this title see. anté p. 428. 1957, Government warning.,, Important arrests and ' conviction for unlawful assembly of © tailors, shoemakers, and washer- men, Failure of attempt |. toenlist Malays at Singapore, for the Police, Mr. Grand- Pré enlists discharged Portuguese soldiers from Macao, No Police barrack accommoda- tion, Cheong Ahlum is discharged from custody under instructions from the Sccretary of State. His creditors in the lurch, Mr. Tarrant's attack upon Dr. Bridges in. conse- quence. 438 Chap. peat, 1857. He is prosecuted by Dr.: Bridges ° for libel. Mr. Tarrant addresses the Secretary of State. Land recla- mation. The Bowring Praya, Secretary of State’s instructions regarding mode of compensa- tion for damage. HISTORY OF THE LAWs, ETC., OF HONGKONG. Mr. Tarrant at once launched out in a violent attack-on the acting Colonial Secretary, who was Cheong Ahlum’s counsel, culminating in a charge of libel being brought. against Mr. Tarrant by. Dr. Bridges, which will be found referred to here- after.* Baffled in his endeavour to obtain the proceeds of his judgment from Cheong Ahlum consequent upon his release, Mr. Tarrant, notwithstanding, on the 8th August, addressed the Secretary of State upon the subject. In connexion with the reclamation of certain lands along what was known as the Bowring Prayaf and in reference to which Mr. Anstey had incurred much ill-will it the question as to the mode in which compensation (if any) was to be given for damage, and the rents settled for lands not comprehended i in the original leases, having been referred to the Secretary of State, the following instructions of Her } Baisley s Government were, received upon the subject :-— “There is no doubt that land recovered from the sea, whether artificially or naturally, belongs to the Crown, and that the Crown is at liberty to dis- pose of it in the same manner as of any other land in the Colony. But it is also clear that the acquisition of such land. by any other person than the owner of the marine lot behind it, would very much diminish the value of the marine lot, and in many cases render it useless for the purpose for which it was acquired. While, therefore, the rights of the Crown and the interests of the public require that the claim of the Crown to such lands should be firmly maintained, a sense of justice requires that the equitable claims of the holders of the or iginal marine lots should be liberally considered. The most practicable way of reconciling these interests would be to appoint assessors on the part of the Crown and the proprietor of the marine lot, or, if it be preferred, a jury, to assess the damage done to the original marine lot by the creation of a new marine lot in front of it. To put up the new marine lot to auction, and to allow the proprietor of the original lot to acquire it at the highest price which may be: bid for it, less the sum assessed as the damage done to the original lot. If, however, he should refuse to become the purchaser, then to. pay to him out of the price of the new lot the sum assessed as damage. Some such arrangement would meet the justice of the case. It would, of course, require modification to meet the peculiar cireumstances of individual cases, e.g., When the whole new land is not put up in a single lot. It would also be necessar y to provide that in no case should more be claimable as assessed damages than the amount realized by the sale of the new lot. But points of detail like these can best be settled by the local authorities on the spot. It is sufficient to. indicate the general principle on which such cases may be dealt with.” These instructions were afterwards published i in the form of a Government Notification under the signature of Dr. Bridges, as acting Colonial Secretary. * See Chap, xIx., wbi supra. + Portuguese—Lit. ‘Sea-shore.’ t Sec his affidavit, anté Chap, XVI. § IL, p. 392. 439 CHAPTER XIX. 1857. $ é Mr. Anstey goes to India on sick leave.— Mr. Kingsmill acts as Attorney-Genergl.—Mr. Anstey’s career in Hongkong reviewed.—His fatal quarrel with the Chief Justice.—Local editors memorialize Chief Justice about accommodation for themselves and reporters.—Sixty Chinese convicts transported to Labuan.—European convicts bribe native guards and escape.—Trial and conviction of the guards.—Prosecution of Mr. Tarrant for libelling Dr. Bridges—The facts.—The verdict.—Fined £100.--Mr. Tarrant’s memorial to the Secretary of State-—Mr, Tarrant’s sympathizers pay his fine and costs.—Mr. Tarrant boastingly publishes the list. of subscribers.—Trial of Ma Chow Wong for confedera- ting with pirates.—A notorious pirate informer and suspected Imperial -spy.—After committal for trial Chief Justice grants bail.—-The Chief Justice’s discretion com- mented upon.—Ma Chow Wong’s threats after being bailed.—Ma Chow Wong and'a confederate found guilty.—The sentence.—Hvidence of Eli Boggs, the American convict, in the case,—A previous trial of Ma Chow Wong for felony.—After Ma Chow Wong’s conviction, Mr. Caldwell interests himself in the convict.—He impugns the verdict of the jury.—Dr. Bridges, acting Colonial Secretary, induced to bring about an inquiry. ~The undue support held forth to Mr, Caldwell: by Dr. Bridges.—Report of Messrs, May and Inglis after the finding of the pirate’s books.—Relationship by Chinese usage between Myr. Caldwell and the pirate.—The baseness of Dr. Bridges’ conduct.—A Government inquiry is acquiesced in.—‘The law to take its course. Ma Chow Wong turned upon the roads—Mr. Anstey’s subsequent charges against Mr. Caldwell.— The reason for Mr. Caldwell’s exertions on behalf of Ma Chow Wong.—Ma Chow Wong's career.—An anonymons letter in Zhe Straits Guardian addressed to the Earl of Harrowby on Hongkong affairs.—Letter attributed to Mr. Y. J. Murrow.—Mr. Mur- row addresses the Earl of Harrowby setting out, his grievanccs.—Mr., Cleverly, Surveyor- General, gazetted to a seat in Council—-Return of Mr. Mitchell, Assistant Magistrate, from leave.— Ordinance No. 12 of 1857.—Complaints of Admirals on the station.—A definite form when Admiral Sterling held command.—Mr. Tarrant repeats libel against Dr. Bridges.—He apologizes. —Death of Mr. Edger, member of the Legislative Council.— Mr, Dent gazetted to the vacancy.—Major-General Van Straubenzee in command of the Forces.—The representatives of “the late Chief Justice Hulme” advertized for in The Times.—-Advertizement a mystery. : : , Mr. Anstey having been in poor health for some time, suffering severely from chronic diarrhcea, a short trip to Macao having been of no benefit to him, was granted six months’ leave of absence on the 27th July. He tovk his departure for Calcutta on that day by the Steamer Lanvefield, being replaced in the interim by Mr. Henry Kingsmill, the youngest member of the Bar. It was agreed that on the departure of Mr. Anstey, who had become a favourite with many people at one time much opposed to him, the Colony would feel his absence, for though stubborn, self-opinionated, and full of prejudices, he was an honest and faithful servant of the Government, and a fearless and determined reformer of abuses, where such existed. His uncompromising severity in the discharge of what he considered his duty made him many enemies, certainly among those who ought to have had more sense ; but a better spirit ap- parently had been manifested towards him before he left, though Chap. XIX. Mr. Anstey goes to India on sick leave, Mr. King- smill acts as Attorney- — General. Mr, Anstey’s career in Hongkong reviewed, His fatal quarrel with the hief it was admitted that his fatal quarrel with the Chief Justice* had Justice. f Anté Chap, xv1. § 11., p. 386, 440 Chap. XIX. 1857, Local editors memorialize Chief Justice about accommoda- tion for themselves and reporters. Sixty Chinese convicts transported to Labuan, European convicts bribe native guards and escape. Trial and conviction of the guards, Prosecution of, Mr, Tarrant for libelling Dr. Bridges. The. facts, HISTORY OF THE LAWS, ETC., OF HONGKONG. made his position as regards the latter always a peculiar one. As will be seen later on Mr. Anstey returned in December, a few weeks before his leave was up. The editors of the newspapers, having memorialized the Chief Justice on the subject, of accommodation for themselves and their reporters, were informed that in future they could take their seats with the professionals of the Court if there was room at their table and also that they might enter with the practitioners by the reserved door as was already notified in a board at the entrance door nearest the Bench.* On the 14th August was published a proclamation by the Governor authorizing the transportation of sixty Chinese convicts to the Colony of Labuan, and, shortly afterwards, that number left by the Annie. News reached Hongkong not very long after that ten had died in Labuan, having been mostly “in a sickly condition when landed.” On Saturday, the 29th, Mr. Inglis, the Governor of the Gaol, became aware of the fact that three of the European convicts under his charge, named Luscomb, Wallace, and Rogers, had, with the assistance of two of the native guard, Indian. Police Constables, who had been bribed for the purpose, made their escape from the Gaol. Tried at the Criminal Sessions held on the 2nd November, these two men were sentenced to two years’ hard labour. Of the three who escaped, Wallace was the only one re-captured, being found eventually on board the Homer at Amoy. — . The Criminal Sessions for August commenced its sittings on Monday, the 31st August. There were two cases of very consider- able local interest on the list set down for trial,—one of them a charge of libel against Mr. William Tarrant, the other a charge of conjederating with pirates against a well known character named Ma Chow Wong. With regard to the former, the fol- lowing is a brief account. After the trial of Cheong Ahlum in February last, for a whole- sale attempt to poison the foreign community by means of arsenic mixed in the bread issued from the ‘ Hsing’ bakery, and which resulted in an acquittal, Cheong Ahlum was re- apprehendedf under No. 2 of 1857—the Deportation Ordinance —as a suspected person, and committed to prison on an order signed by Mr. May, the Acting Assistant Magistrate and She- riff ; but was subsequently detained by warrant under the sig- nature and seal of His. Excellency the Governor until the pleasure of the Home Government could be ascertained regard- * See anté Chap. x1I. § IIT., p. 319, and references there given, t See anté Chap. XvIL. § 11., p. 418, MR. TARRANT PROSECUTED FOR LIBELLING DR. BRIDGES. 44] ing him. When this occurrence took place, Dr. Bridges was Chap. XIX simply a barrister practising in the Court here, and as such had been applied to to defend Ahlum, under agreement that he was to receive the sum of $1,000 for so doing. He likewise acted as counsel for Cheong Ahlum in several civil actions, for which, he received additional fees, amounting to $150. Shortly after Cheong Ahlum’s re-incarceration, Mr. Mercer left the Colony on leave,* and Dr. Bridges was appointed acting Colonial Secretary, with the right of private practice. In his capacity of barrister, therefore, he was employed to defend Cheong Ahlum in an action for damages brought by Mr. Tarrant, in which the latter was awarded the sum of $1,010.f- Meanwhile Cheong Ahlum was detained a pri- soner; but in the middle of July, instructions came from Home. that, unless some further circumstances had transpired implicating him in the poisoning affair, he was to be set at liberty. Accordingly the Governor ordered his release, but Dr. Bridges, aware of the claims against him, and on which he naturally supposed writs of detainer had been issued and lodged in the hands of the Sheriff, told His Excellency that the Home Government could not interfere in such matters, and, with Sir John Bowring’s sanction, consulted the Chief Justice as to how he should manage. Mr. Hulme gave it as his advice that Cheong Ahlum should be transferred from the criminal to the civil list of prisoners, but, for security, detained in the criminal side ofthe Gaol. This was accordingly done, the Colonial Secre- tary still labouring under the impression of writs having been issued. For twenty-twodays was Cheong Ahlum thus illegally kept in prison, until at length his solicitor thought fit to do what he shonid have done long before, namely, applied to the Colo- nial Secretary to know on what grounds his client was detained in Gaol, seeing that instructions for his release had been receiv- ed from Home. The Colonial Secretary replied that he was held under arrest by civil process ; and was much astonished to learn then for the first time that he was in error, and that no writs had been issued. Now made aware of the mistake he had com- mitted, Dr. Bridges wrote up to the Governor for further instructions, and was told to set Cheong Ahlum free; but in the dread that imputations might be cast upon him, inas- much as he had acted as counsel for the prisoner both in the Criminal and Civil Courts, he, by order of Sir John Bowring, directed the Governor of the Gaol to warn the Sheriff, that un- less detainers were served upon Cheong Ahlum within twenty- four hours, the latter would at the end of that time be released from prison. ‘The order was shown to Mr. May, the Sheriff, * Anté Chap. XVUIL., p. 425. + dd, p. 434. 1 8 5 I HISTORY OF THE LAWS, ETC., OF HONGKONG. Chap. XIX. and he, it seems, objected to serving the writ upon a prisoner within the precincts of the criminal prison, but told Mr. Inglis, the Governor of the Gaol, that he would see about it in the morning. Morning came, then afternoon, without anything being done in the matter by the Sheriff, and in accordance with the instructions, Cheong Ahlum, having found securities for the amount required, was discharged at the appointed hour, three o’clock, and quitted the Colony, leaving his creditors to recover the money due to them in the best way they might.* Among others thus left in the lurch, but who had, of course, only themselves or their attorneys to blame for it, was Mr. William Tarrant, with his unliquidated claim for damages of $1,010. He, instead of blaming himself for negligence, chose to look upon the discharge of Cheong Ahlum as a piece of chi- canery on the part of the acting Colonial Secretary, and accordingly, without apparently troubling himseif to institute inquiry as to the truth of his suppositions, grossly libelled Dr. Bridges in his newspaper, as follows:— — ‘We are placed, by the verdict of one of the most respectable juries ever empanelled in this Colony, in a position to challenge the Insolvent’s Balance Sheet ; and should it be, as we shall not be surprised to find, that Ahlum’s bankruptcy is due not so much to his very proper stoppage at bzsi- ness here as to some astounding extortion in the shape of lawyer's fees, or payment of hireling scribes —the facts will duly be made patent to the publie, and, it will be hoped, produce a public benefit,—so that the jury’s award will not, in any case, be altogether lost.” + And again f “Dr. Bridges’s action in the matter of releasing Ahlum the poisoner from durance, forms a climax to the many extraordinary things of his perform- ing since he has acted as Colonial Secretary. The Sheriff was informed that bonds would he given conditioned for the non-return of Ahlnm to this Colony for five years—and on receiving such bonds Ahlum was to be released. The Sheriff, in consequence of this notification, told the Gaol Governor to be prepared to let him go; and, a few hours after telling the Gaol Governor this, Ahlum was out and off !—Mr. Inglis, in the exercisé of his judicial capacity, did what was needful with the recognizances tendered ;—said documents being drawn, it is believed, by Dr. Bridges him- self—neither the acting Attorney-General nor the Crown Solicitor knowing anything about them. There are many who will say,—“ Well, Ahlum is off, a good riddance of bad rubbish.” But what say his creditors ? Of course, the reason why Dr. Bridges has managed to get Ahlum away quickly and quietly is apparent to all. The sums drawn by him, Dr. Bridges, for managing the case would not have been allowed had he, Ahlum, gone through the Insolvent Court.— Dr. B. in short, dreaded the eaposé threatened in our issue of Saturday, the 25th ultimo. But what can the public think of a Government that, to all intents and purposes, licenses swindling—that literally holds out a pre- mium to villainy of the deepest dye 7” Dr. Bridges, indignant at such an unfounded charge being brought against him, intimated to Mr. Tarrant that. unless he * See anté Chap, XVIII., > 437, + Briend of China, 25th July, 1857. { WZ, 5th August, 1857. MR. TARRANT CONVICTED OF LIBELLING DR. BRIDGES. publicly contradicted and apologized for his misstatements, he would prosecute him for defamation. This the latter refused to do, sending instead a most unsatisfactory message ; and nothing therefore was left for the complainant but, to proceed against his libeller either civilly or criminally. The case was accordingly placed in the hands of the acting Attorney-General, Mr. Kingsmill; and the criminal proceedings reported below were the result, ending in a verdict of guilty and a fine of £100. No attempt was made either to disprove the libel or to prove justification—the questions put to the witnesses for the defence being totally irrelevant to the matter at issue. The jury was an excellent one, and Mr. Tarrant had had a special jury by his own request, and some of its members, it was said, were his personal friends. The case was so clear, that there could be no two opinions as to the verdict, and the Chief Justice in his charge pointedly said so. Previous to passing sentence, he administered to Mr. Tarrant, the following rebuke :— “You have been guilty (said His Lordship) of a gross, malicious, and libellous attack upon Dr. Bridges, aspersing his character as a private indi- vidual, as a professional gentleman, and as a public officer. Any: one (con- tinued the Chief Justice) is liable to err, but when a mistake is discovered or pointed ont, there is nothing unmanly in acknowledging our error, and nothing ungentlemanly in apologizing for what we may have said or done while Jabouring under misapprehension ; and I feel assured that, had you tendered an apology, Dr. Bridges would have accepted it, and would not have placed you in the position in which you now stand.” _ The Chief Justice particularly drew Mr. Tarrant’s attention to thereport in Zhe Friend of China of the 26th August, purporting to be a fair account of the proceedings before the Chief Magis- trate, and which he, Mr. Tarrant, when he inserted it, must have known to be untrue.* It was far from His Lordship’s ‘intention to interfere with the liberty of the Press, but it was his duty to see that its high privileges were not abused. “In the present instance,” said Mr. Hulme, “ you, William Tarrant, have been fairly convicted by a jury of having wilfully maligned William Thomas Bridges, Doctor of Civil Law ; and the sen- tence of the Court is, that you be fined one hundred pounds, and be imprisoned till the same be paid.” * The following was the report in question :—. _ “Why did not the Register give the gentlemanly depositions according to his notcs?— What can we anticipate in the shape of injury to our case by their publication? As he has not done so, we will here do it for bim— ; Magistrate.—You had no money for defending Ahlum, you say, so you could fear nothing if he went through the Insolvent Court. Dr, Bridges.—No.—I did not say that—I said I had no money from Ahlum, Tam-choey and Asow brought me $1,000. es : Mr, Tarrant.—So, Sir, you first swore you had none of Ahluin’s money, and then, when examined by the Magistrate. could not conceal that you had had $1,000 .from others for account. Before swearing this, you. of course, satisfied yourself that that was not Ahlum's mancy— or money to be repaid by Ahlum, And now, Sir, let me remind you that you 443 Chap. XIX. 1957, The verdict, Fined £100, 444 Chap. XIX, 1857. Mr. Tarrant’s memorial to the Secretary of State. Mr. Tar- rant’s sympathizers pay his fine and costs. Mr. Tarrant boastingly publishes * the list of subscribers. Trial of Ma Chow Wong for confederat~ ing with pirates. A notorious pirate informer and suspected Imperial Spy. After com- mittal for HISTORY OF THE LAWS, KTC., OF NONGKONG. It will be remembered that it was in reference to this case that Mr. Tarrant had addressed the Secretary of State relating the circumstances leading to the present action and which referred to Dr. Bridges’ relations with Cheong Ahlum, displaying at the same time anxiety on his part in connexion with the suit, to the end probably that any complaint of his to such high quarters might influence Dr. Bridges to withdraw the charge against him.* As it is, except for the mental anxiety. the action must have caused him, Mr. Tarrant was not much out of pocket, for meeting with sympathizers outside, as in the case, under similar circumstances some years back, of a previous editor of the very paper which he now conducted,f a subscrip- tion (for which Hongkong, as in the case of addresses to depart- ing officials, is noted, as will be noticed as this. work proceeds ) was got up in his behalf, fully covering the fine and costs which he had been subjected to in defending the prosecution. Mr. Tarrant afterwards boastingly published the list of subscribers.{ The other case, tried at the same Sessions, was that, as before stated, of the famous, or rather infamous, Ma Chow Wong. This man, a notorious pirate informer and suspected Imperial spy, in whose shop a cargo of sugar, piratically taken from a trading junk was found, was committed for trial on the 20th July for aiding and abetting pirates. Ma Chow Wong, it may be added, was, in 1854, connected with Ye Fong, the rebel chief who then held Shanghai, and at that time was engaged in Hong- kong in enlisting recruits for him. The night he was appre- hended he offered the constable who effected his arrest a bribe of $1,000 to allow him to escape. After his committal have spoken only of the criminal case, It is on record that you have had $1,000 for that. Well—what about that civil action of mine ?—-Did you get nought for that? Dr. Bridges,—None of Allum's money. Ar, Tarrant.--None of Ahlum’s--whose then? Love and affection case, eh? Dr, Bridges.—Mr. Stace paid me my fees. Mr, Tarrant.—Oh !—Your Worship will be good enough to take a note of that reply— First, Dr. Bridges led the Court to believe he had nothing—then that he, had $1,000,— and now it comes out he has had more. Zo Dr, Bridges—And now, Sir, the amount, if you please? : Dr, Bridges,—I have not got my Fees Book with me, It was, let me see, seventy-five aa hundred—two hundred and twenty-five--say, two hundred and twenty or fifty - ollars, : : ‘ : Mr, Tarvant.—Is that all?—Take time; don’t be in a hurry, you are on your oath, mind, No contract for more if Ahlum should get rich in his own country ? Dr, Bridges.—(with rapt smile)—Contract !—No ! Mr, Tarrant.—And this, from Mr. Stace, you swear was not Ahlum’s money? Thank you, that will do. Had we had two independent justices on the Bench at this moment, as I requested at the commencement of the case, it would stop here.’—Friend of China, Angust 26. i" ’ * Anté Chap, XVIII., pp. 437, 438, t See anté Chap, 111. § 11, p. 88, { See the case against Mr. Y..J. Murrow for libelling the Governor Sir John Bowring, tried at the Criminal Sessions in April. 1858, (infra Chap. xx.) wherein the Chief Justice, alluding to the above case as “setting the law at defiance” by the fine imposed: upon the defendant Tarrant having been raised by subscription, sentenced Mr. Murrow to ime prisonment besides the infliction of a fine! CONVICTION OF MA CHOW WONG FOR ABRTTING PIRATES. 445 for trial, he applied for bail which the Magistrate refused ; but Chap. XIX, on application to the Supreme Court, the Chief Justice ordered —,g;7 bail to be taken. His Lordship was believed to have acted trial Chiet rather incautiously in this matter, and was taken to task ac- Seae ath cordingly. The Magistrate’s better knowlege of the character The Chief | of the man ought, it was considered, to have carried weight with Justices the Chief Justice who, it was said, “leading the quiet and pornmenteal secluded life he did,” possibly knew little of what was occurring *?°™ in the Colony among the native portion of the community, except through the newspapers, and therefore had but limited means of estimating the man’s true character. The very first Ma Chow use the ruffian made of his freedom was to threaten the witnesses W's... who had given evidence against him and this at the very door being of the Magistracy, and for which he was recalled before he "& left the Gaol and bound over to keep the peace. But notwith- standing these strong comments upon the discretion exercised by the Chief Justice, Ma Chow Wong did not abscond. He was brought to trial on Wednesday, the 2nd September, on a charge of confederating with pirates, when he was found guilty by a majority of five to one. He was defended by Mr. Day. A man named Wong Achoi, defended by Mr. Green, was Ma Chow tried along with him for participation in the same acts, and Wore ane was found guilty unanimously. Both were sentenced to found guilty. fifteen years’ transportation. Evidence of attempting to bribe Thesentence. the Police was adduced, and Eli Boggs, the American Evidence of pirate convict, sentenced last July,* swore that he had seen the Aneta Ma Chow Wong on »oard the pirate fleet in which he was, convict, in and it may be noted also that Ma Chow Wong had once before, ~~” in 1847, stood his trial at the Supreme Court for felony in being concerned in a robbery committed in a European shop, when he escaped the clutches of the law. Having for so many years A previous been enabled to place the Police authorities at defiance, it is not Chow wae to be wondered at that his countrymen were afraid to expose him, fer felony. or that any one assisting in his prosecution should afterwards have been subjected to the wrath of his patrons. But their ven- geance was baffled, and two cases of receiving bribes against ‘Tong Aku, the Police Court Interpreter, by whose zealand integrity the conviction of Ma Chow Wong was brought about, and against Sun Ah See, Chinese clerk at the Police Court, both of whom had suffered very harsh treatment in consequence, from the time of their arrest until discharged, broke down upon investi- gation before the Magistrate. After Ma Chow Wong’s conviction, it will hardly be credited oe that the Protector of Chinese, Mr. Caldwell, interested himself conviction.» * Anté Chap, XVUL, ps 436, 446 Chap. XIX. 1857. Mr. Caldwell interests himself in the convict. He impugns the verdict of the jury. Dr, Bridges, acting Colonial Secretary, induced to bring about an inquiry. The undue support held forth to Mr. Caldwell by Dr. Bridges. Report of Messrs. May and Inglis after the finding of the pirate’s books. Relation- ship by Chinese usage be- tween Mr. Caldwell and the pirate. The baseness of Dr. Brid- ges’ conduct. HISTORY OF THE LAWS, ETC., OF HONGKONG. in the convict to the extent of impugning the verdict of the jury upon the plea that the criminal’s notorious character had blinded the jurors! Mr. Caldwell, at whose investigation the charges were preferred against Tong Aku and Sun Ah See, could hardly bring himself to believe that his principal, if not most “trustworthy” informant, and whom he had through ill or good report always supported (kringing to one’s recol- lection that other pirate, Too Apo, of 1847 fame*), was guilty of the offence of which he had been convicted, and he now exerted himself by himself petitioning the Government, and in inducing the acting Colonial Secretary, Dr. Bridges, who seems to have had implicit confidence in Mr. Caldwell, to bring about an inquiry into the whole facts, before the Executive Council. An important element not to be lost sight of was that in the books found in Ma Chow Wong's possession, there were entries of pecuniary transactions between him and Mr. Caldwell. Another extraordinary circumstance is shown in this matter by the undue support which Dr. Bridges held forth to Mr. Caldwell. After the firiding of the books in the pirate’s posses- sion, Mr. May, Superintendent of Police, and Mr. Inglis, Governor of the Gaol, were directed to inquire into and report upon them. Subsequently Mr. May reported thus :-— “Ma ‘Chow Wong has been apprehended and his house searched, the books and papers being seized, amongst the latter are some papers in Mr. Calti- well’s writing, showing that he had tuken a direct aterest in the business of Ma Chow Wong. There are some entries in Chinese of moneys received from or for Mr. Caldwell.” Mr. Inglis’ report was corroborative of Mr. May’s as regarded an evident intimacy between Mr. Caldwell and the pitate, and went so far as to allege “‘a relationship by Chinese usaye between them.” Dr. Bridges, however, saw fit thus to remark on Messrs. May and Inglis’ report :— “J have no hesitation in advising His Excellency that I conceive both Mr. May and Mr. Inglis to be more actuated by a desire to injure Mr. Caldwell, of whose position both are jealous, than by a real wish to advance public interests.” The frivolousness, to say nothing of the baseness of this alle- gation, was most apparent.t Mr. May’s length of service and ability, it is recorded, gave him prospect for promotion to the Magistracy entirely irrespective of the Registrar-General’s standing in the way ; and Mr. Inglis’ after-advancement to the Harbour Mastership and Marine Magistracy was a probability, * See anté Chap. 1x., p. 190, and referenecs there given, + See the finding of the Executive Council in the charges brought by Mr, Caldwell against Mr, May—Vol, 11., Chap, xxxy, MA CHOW WONG, THE PIRATE, FINALLY DEALT WITH. in which Mr. Caldwell’s position could in no way interfere ; while judging morally there were no grounds for assuming that either Mr. May or Mr. Inglis would depart from the strict line of probity for the simple purpose of injuring a brother-officer. After the inquiry had been acquiesced in, however, and after lengthy sittings in which the Governor, Lieutenant-General Ashburnham, Colonel Caine, and Dr. Bridges himself took part, it was decided to allow the law to take its course. Ma Chow Wong, who up to this time had been allowed to retain his ‘queue’ in defiance of the prison rules which authorized the docking of tails of all Chinese sentenced to transportation, was turned upon the roads on the 27th October, along with the other convicts pending deportation. Jt will be seen later on, in reference to the charges which Mr. Anstey, the Attorney-Gene- ral, brought against Mr. Caldwell, that it was not astonishing that the latter had so very much exerted himself in endeavouring to obtain Ma Chow Wong’s release. it may be appropriate here to mention that the piracy of which this man was convicted was only one of a huge series extending over several years. The case wherein he had been convicted was a most horrible one, a boat. of which he was part uwner having captured a vessel laden with sugar and other goods, the crew, including some of their wives, were murdered and thrown overboard, while part of the cargo, as before stated, was placed and found in the pirate’s warehouse, and formed evidence in the investigation.* The attention of the community was drawn at this time to an anonymous letter in The Straits Guardian, of the 22nd August. on the subject of Hongkong affairs, and addressed to the Right Honourable the Earl of Harrowby. The document which occupied six-and-a-half columns of the paper was criti- cized locally as a strange admixture of truth and falsehood, and, though anonymous, its origin was traced to a certain “dila- pidated individual” in Hongkong. Amongst others, Governor Bowring, Colonel Caine, ex-Sheriff Holdforth, Mr. Mercer, Dr. Bridges, Mr. Anstey, Mr. Cooper Turner, Mr.Caldwell, against all of whom the writer was known to have an ill-will, came in for abuse. Consequent upon this letter being attributed to Mr. Y. J. Murrow (whose name already appears in this work in connexion with Mr. Anstey, in February last), he, on the 30th September, addressed Lord Harrowby denying that he was the author of the letter, and at the same time setting forth “the treatment to which he had been subjected in con- sequence from the hands of the Ilongkong Government.” Mr. * See further Chap. XXIV., in/ra.,as to Ma Chow Wong, and his banishment to Labuan. + Anté Chap, XVII. § II, p, 421. 44f Chap. XIX, 1857, A Govern- ment inquiry is acquiesced in, ‘The law to take its course,’ Ma Chow Wong turned upon the roads, Mr, Anstey's subsequent charges against Mr, Caldwell. The reason for Mr, Cald- well’s exer- tions on be- half of Ma Chow Wong. Ma Chow Wong’s career, An anony- mous letter in The Straits, Guardian, addressed to the Earl of Harrowby, on Hong- kong affairs. Letter attributed to Mr Y.J. Murrow. Mr. Murrow addresses the Earl of Harrowby setting out his grievances, 448 Chap. XIX, 186 1 + Mr. Cleverly, Surveyor- General, gazetted to a seat in Council, Return of Mr, Mitchell, Assistant Ma- gistrate, from leave, ,Ordinance No. 12 of 1857, Complaints of Admirals en the station. A definite form when Admiral Sterling held command, Mr. Tarrant repeats libel against Dr, Bridges, HISTORY OF THE LAWS, ETC., OF HONGKONG. Murrow then proceeded to set out his grievances, attributing especially an increase in his land taxes to spite consequent upon the authorship of the letter under consideration being attributed to him, as there could be no question that he was the party referred to as being a ‘dilapidated individual,’ si because our truculent Attorney-General in one of his splenetic effusions that he converts the Supreme Court into an arena for indulging in, designated him by calling him a ‘ dilapidated individual.’ ” This, no doubt, was a reference to the case of Cheong Ablum, with regard to which Mr. Murrow, it will be remembered, had complained without effect to the Governor about Mr. Anstey.* On the 17th October the Surveyor-General, Mr. C. St. G. Cleverly, was gazetted toa seat in the Legislative Council. On the 5th November Mr. W. A. Mitchell having returned to the Colonyt and resumed his duties as Assistant Magistrate, Sheriff, and Marshal of the Vice-Admiralty Court, Messrs. May and Grand-Pré reverted to their respective offices: of Superin- tendent and Assistant Superintendent of Police. A draft Ordinance, entitled ‘‘ An Ordinance for checking the spread of venereal disease,” which had been read a third time in the Legislative Council, was published in the Gazette of the 14th November and subsequently passed on the 24th of that month and numbered 12 of 1857. Great complaints had been made by the Admirals on the station, ever since Hongkong was a British settlement, of the serious diseases of a certain kind contracted by their men on shore which almost made their ships ineffective. These complaints assumed a definite form while Admiral Sir James Sterling held the command,t and it was then proposed to pass an Ordinance which, after reference to the Home Authorities, now assumed a practical form.§ Mr. Tarrant, the editor of The Friend of China, having re- peated in effect the same libel for which he was fined in August last on the verdict of a jury, Dr. Bridges again brought him before the Magistrate’s Court. He gave evidence of a similar character to that adduced on the first occasion. Mr. Tarrant then said he had been writing under a misapprehension. Dr. Bridges said he had no desire to trouble the Colony with such prosecutions ; all he wanted was to vindicate his character. * Anté Chap, Xv. § 11, p. 421.—See further in reference to Mr, Murrow and his grievances, Vol. 11., Chap, XXXVI. ~ Anté Chap. XVIII., p. 434, t See anté Chap. XIv, § IL, p. 841, note. § See further Vol, 11., Chap. XL. A MYSTERIOUS ADVERTIZEMENT, On this Mr. Tarrant offered to make the necessary apology to be drawn up by Mr. Davies, the Chief Magistrate, and there, apparently, the matter ended. Mr. J. F. Edger, unofficial member of the Legislative Coun- cil,* died at Shanghai on the 19th November, at the age of fifty- five, and on the 26th December Mr. John Dent was gazetted to the vacancy. On the departure from the Colony, on the 19th November, of Lieutenant-General Ashburnham,f Major-General Van Strau- benzee, having assumed command of the Forces, was duly sworn in as a member of the Executive Council. The following advertizement relative to the Chief Justice appeared in the second column of The Times of the 1st December. It caused astonishment in the Colony afterwards, for no one had ever heard of a contemporary Chief Justice Hulme, and Mr. Hulme, the Chief Justice of Hongkong, the community were pleased to think, was still among them, and though an in- valid, yet able to perform the functions of his office,—‘‘ a bless- ing,” it was said, ‘the Colony need well be thankful for.” Rumour spoke of the Chief J ustice’s intention to retire at thé end of the year, if Government would grant him a reasonable pen- sion after his long service in such a trying climate as that of Hongkong, “ when,” added the report, “ the appointment of his successor would then he looked for with much anxiety by all in China.” As it is, the advertizement was a mystery, nor was it ever explained away :~- The late Chief Justice Hulme.—The representatives of the above gentle- man are requested to communicate with Messrs. Wilkinson & Kidd, Saddlers, 257 Oxford Street, Corner of Park Street, W. * See ante Chap. XII. § 1., p, 287. + Anté Chap. XVIIT1., p. 432. 449 Chap. XIX. 1857. He apolo- gizes, Death of Mr. Edger, mem- ber of the Legislative Council. Mr. Dent gazetted to the vacancy. Major-Gene- ral Van Straubenzee in command of the Forces, The represen- tatives of “the late Chief Justice Hulme” ad- vertized for in The Timea. Advertiae- menta mystery. CHAPTER XX. 1857 1858. SECT ION I. 18a7. . Return of Mr. Anstey from leave —Attempt to bribe him.— Compromise of felony not only excused but encouraged by laws of China.--Mr. Anstey’s recommendation upon the subject.—The Chief Justice approves. Apathy of the Chinese.—Loong Ah Sai charged with attempt todrown a European.—Warning of, Government to boat, people witnessing offences to render assistance —Government Notification in 1880, on the law regulating the arrest of offenders by private persons.—Marriage of Mr. Kingsmill, barrister.—Escape and capture of the notorious convict Ho Ah Chee.—Improvements in the. Gaol under Mr. Inglis. SECTION II. 1858. Office of assistant Superintendent of Police abolished. “Mr. Grand-Pré appointed ‘ Collector of Police and Lighting Rates.'—Mr. Weatherhead appointed clerk of the Supreme Court.—Proceedings of the Legislative Council published for the first time ——Meetings of the Legislative Council again asked to be held with open doors —Motion in the Legislative Council for admission of strangers forwarded to Secretary of State.— Orders for admission to the Press issued.—Ordinance No. 1 of 1858.—Unsatisfactory state of affairs in the Supreme Court.—Complaints of the Chinese against extortionate charges of attorneys.— Frequent postponements and reference of cases to arbitration.— Cases adjourned at request of attorneys without assigning reason or for want of an interpreter.—Complaint at cases being frequently referred to Mr. Caldwell as arbitrator.-The Chief Justice taken to task.— Mr. Caldwell’s heavy fees —The Chinese and their confidence in Chief Justice Hulme.— Ordinance No. 3 of 1858, 8. 14.— Dissatisfaction in respect of the legal profes- sion.—The Attorney-General approached upon the question of amalgamation of the profession.—The barristers’ letter to Mr. Anstey upon the subject.—Mr. Anstey’s reply.—The correspondence communicated by Mr. Anstey to the Law Society.— The reply of the Secretary to the Law Society.—Meeting of the two branches of the profession.— Mr, Anstey in the chair.-—The result of the meeting.--Ordinance No. 3 of 1858.—Ordinance No. 12 of 1858.—Robbery and murder in the shop of Mr. Glatz, watchmaker.—Capture of the murderer, Look Ah Song.—Interesting speech by Mr. Anstey upon the state of crime in the Colony.—The Attorney-General congratulates the Court upon reduction of piracy cases and attributes same to conviction of Ma Chow Wong.--Convic- tion and execution of Look Ah Song.—Case of Teep Ching Leu-y. Lum Ah Kun, damages for false imprisonment.—Extraordinary conduct of Mr. Anstey, counsel for plaintiff, in his private capacity.—Mr. Anstey causes the defendant to be taken into custody for per- jury.—The jurors protest and allude to defective interpretation.— Mr. Anstey leaves for Can- ton.— Mr. Anstey’s arrest.—His reply to the protest of the jurors. The question of inter- pretation treated.—Discharge of the defendant. Criticisms.—Complaints against the fee paid for marriage to the Chaplain. Mr. Anstey's opinion.—Admission of Mr. Hazeland asan attorney of the Court.—He joins Mr. Cooper Turner. the Crown Solicitor—Wong A Shing, the first Chinese juryman in Hongkong.—Mr. Anstey asks for Police protection.— Conviction of two Chinese, one a pawubroker, for larceny and receiving stolen property.— Heavy sentence of transportation against the pawnbroker, the receiver—The pawn- broker’s sentence is commuted without the Attorney-General being consulted. The Chief Justice and the Executive——Ordinance No. 11 of 1858.—Escape of convicts from Gaol.— A turnkey the worse for liquor.—The validity of marriages in China. Despatch from the Foreign Office.—Mr, G. W. Caine, Colonel Caine’s son, appointed Secretary to the Super- -intendency of Trade, vier Morrison. on leave.— Ordinance No. 2 of 1858.—First Ordinance published in Chinese.—Motion of the Chief Justice that proceedings of Council be pub- lished as recorded in the Journal of the Clerk of Councils.— Ordinance No. 8 of 1858.—The Crown against Mr. Y. J. Murrow for libelling the Governor, Sir John Bowring.—The inte- rests of the firm of Jardine. Matheson. & Co.. in which the Governor had a son a nartner. THE APATHY OF THE CHINESE, « 451 — The facts.—The defence.—The Chief Justice’s summing up.—The verdict.--The glefen- dant sentenced to imprisonment and fine.—Mr. Murrow in the debtors’ prison,—Afflicted with ‘ Bowring-phobia,’—Sir John Bowring’s shameful administration Mr. Murrow con- ducts his paper in prison.—His, attacks against Sir John Bowring continue unabated.— The Illustrated London News upon the case and the weakness of Sir John Bowring.—On his: releasé Mr. Murrow claims $5,000 damages against’ Sir John Bowring. —Frequent atternpts at, incendiarism.—Chu Aqui, a notorious pirate, at the head of incendiaries.—Mr. Kingsmill, 3.p., and Assistant Magistrate, rice Mr. Mitchell on leave.—Departure of Lady Bowring:—Her death,—Divorce and Matrithonial:Causes Act 20 and 21 Vict. c, 85.— Ordinance No. 5 of 1858. Chap. EX § I. Mr. Axstry returned from leave in India on the 13th Decem- return of ber per P. & O. steamer Cadiz, and at once resumed the duties M™ Anstey of his office. He returned before the expiry of his leave.* A day or two after his return, an attempt was made by the Attempt to friends of a prisoner in Gaol to bribe him. Mr. Anstey had the '"’™™ man brought before the Chief Justice at the then pending Criminal Sessions—not. for punishment, as he said, but for warning ; for, as Mr. Anstey remarked, the offence had been committed in Compromise ignorance, compromise of felony, though condemned by the laws of Sorry ot England, being not only excused but encouraged by the laws of but encour- China. He had therefore brought the matter under His Lord- “76:7,” ship’s notice, so as to secure his recommendation of a proposi- Mr. Anstey’s tion that means be adopted. by the Government for pointing cena out to the native.population the discrepancies betwixt their and. subject. our laws. The Chief Justice signified his most cordial approval The Chief Justice ap- of such a step. to , ! proves. . The apathy of the Chinese, as pointed out in 1833 in the apathy of. | case of a serious assault and robbery, upon Captain Mont- the Chinese. gomery in. which a by-stander stood on -looking,, without affording the slightest assistance and who was. afterwards charged with misprision of felony, was never more evident again than when Loong Ah Sai, a coolie, stood eharged in the Loong Ah Supreme Court, on the 29th December, for attempting to.drown en a European. Though a large number of boat.people and other to drown a Chinese were present when the offence was committed, not Rea one of them. offered the faintest help.. The Government warning of issued a notification on the Ist January, 1858, warning “ all Government registered. boat people that: it was their duty on witnessing people wit- assaults, robberies, or similar outrages to-assist, so far as it may Nees. 4, be in their power, the parties attacked, and not to push off render assist- from or neglect to return to the shore, or on any way show a once culpable indifference as to the result.” This: warning was as valuable .as preaching in the desert, for, it is one of those cha- racteristics peculiar to the Chinaman which nothing will. eradi- cate. ? s hee . ” See anté Chap. X1X., p. 439, + See Anté Chap. xIv. § L., p. 334, + See further on this subject, Vol. 11, Chaps. LXxtr., and LXXXIX, 452 Chap, XX § [. 1857, Government Notification in 1880, on the law re- gulating the arrest of offenders by private persons, Marriage of Mr. Kings. mill, barris- ter. Escape and capture of the notorious convict Ho Ah Chee. Tinprove- ments in the Gaol under Mr. Inglis, HISTORY OF THE LAWS, ETC., OF HONGKONG. The admirable suggestion of Mr. Anstey, however, to point out to the Chinese the difference between their own laws and our own as regards the compounding of felony, although it met with the full approval of the Chief Justice, was as a matter of fact never given effect to, but so long afterwards as in November, 1880,* whether as an endeavour again to arouse the Chinese as to their sense of duty as citizens to render assistance whenever it was needed of them, or for whatever reason not recorded, the Government issued a notification in English and in Chinese setting forth the law regulating the arrest of offenders by private persons. What was the result of this notification it requires no clear-headed person at all acquainted with such a people as the Chinese and the migratory nature of the population of Hongkong, to foresee. On the return of Mr. Anstey from Jeave in India, Mr. Kings- mill had to relinquish his temporary position of acting Attorney- General. Four days afterwards, the following interesting event is to be found recorded in reference to him :— “ Marriage.—At St. Johu’s Cathedral, Victoria, Hongkong, on the 17th December, by the Right Reverend the Bishop of Victoria, Henry Kingsmill, Junior, Esq., barrister-at-law, eldest son of Mr. Henry Kingsmill, of Sid- monton, in the county of Wicklow, to Frances Elizabeth, eldest daughter of the late Mr, Benjamin Warren, of Gloucester Terrace, Hyde Park, London.” An important capture was effected at this period when a notorious burglar named Ho Ah Chee, who had twice escaped from prison, fell into the clutches of the law again. The last time, he was under sentence of transportation for fifteen years for burglary committed in June last, and was to have been sent to Labuan in the Anniein August last.f Instructions had been given some days previously that none of the convicts to embark should be sent out on the roads; but Ho Ah Chee not only managed to evade the order the day before the ship sailed, but effected his escape—it was thought in a sedan chair provided for that purpose by his wife. Within ten days after his escape, he broke into a house and secured $200 and was living quietly in West Street, Taipingshan, when the authorities, hearing of his whereabouts, arrested him. At the Criminal Sessions held on the 29th December, he was sentenced to two years’ imprisonment, at the expiry of which his former sentence was to take effect. : Referring to the Gaol it may here be said that great improve- ments had of late taken place since the appointment of Mr. Inglis as Governor of the Gaol,[—a marked contrast as com- pared with the past. Every prisoner had now his allotted task * See Vol. 11., Chap. LXXII. + Anté Chap. Xrx., p. 440, t avtée Chap. XVI. p. 428. IMPROVEMENT IN THE GAOL. 453 and no one was allowed to remain idle; until very recently, Chap. XX § I. the prisoners were in a measure left to the freedom of their own 1857, wills, and contractors had to be engaged for every trifling bit of work that had to be done or repairs to be made within the prison walls. With Mr. Inglis’ advent not only were the rules of the Gaol rigidly enforced, and the prison become a model of order and. cleanliness, but also (besides the convicts employed in out- door labour) gangs of prisoners were organized consisting of bricklayers, blacksmiths, carpenters, and others, and every de- scription of work done by the convicts themselves, under the personal supervision of the Governor of the Gaol. Ch, XX § 1 ‘ a : 1858, On the 1st January it was notified that, in consequence of Office of As the office of Assistant Superintendent of Police having been ‘staxtSuper abolished,* the Governor had appointed Mr. A. Grand-Pré to rollee be “Collector of the Police and Lighting Rates ””—a position, hin Genk. it was said, which much better fitted him. The abolition of the Pré appoint- Assistant Superintendentship of Police was, no doubt, owing to ed Mr, Caldwell having been taken into the service again, and Lighting therefore through economy, as on Mr. Caldwell’s re-employ- A ee, mentf he relinquished Police duties and had been given a better head and higher position, with corresponding emoluments, than what appointed 3, f ) : y clerk of the he previously held or drew. On the 8th January Mr. Alfred supreme Weatherhead was gazetted Clerk of the Supreme Court. ont For the first time in the history of the Colony, the pro- proceedings ceedings of the Legislative Council were published, on the ae 9th January, in The Government Gazette of that date. This council was a marked improvement on the past, and public opinion *8in asked now went further, and again demanded{ that the meetings of the with open Legislative Council should be held with open doors. mn Motion in the Accordingly a motion in the Legislative Council, on the 11th Legislative 7 1 1 : ounci ror January, recommending the admission of strangers to the sit- Sov fr tings of the Council on the introduction of members, was un- strangers 2° pee ‘ d f d h forwarded to animously agreed to, and the Gover nor engaged to forward the secretary of same to the Secretary of State and to solicit his approval thereof. State. This approval was afterwards received, and orders of admission Order for to the Press were issued on the 10th June. the Press issued, The Legislature, on the 11th January, passed Ordinance No. Ordinance 1 of 1858, farther improving the law of criminal procedure in N° 10f 185% respect of informations and indictments. * ‘The first Assistant Superintendent of Police was Mr. Caldwell (anté Chap. v. § Il, p- 128) who resigned the’ appointment in July, 1855, when he was succeeded in that posi- tion by Mr. Grand-Pré (ante Chap. XVI. § 1L., p, 361). { Mr. Anstey as an alleged instigator of the charges. —Sir John Bowring on private practice,— His despatch to the Secretary-of State.—Sir John Bowring forwards evidence taken at the opium inquiry.--Attacks Mr, Anstey.—Daring robbery with violence upon Messrs, Haze- land and Stace.—The ruffians never brought to justice —Paper by .Mr. Anstey on slavery and the Dred Scott decision.— Ordinance No, 10 of 1858, , : SERIOUS complaints. began ‘to be ventilated at this period in regard to the conduct of Dr. Bridges, in connexion with the opium monopolist. His double position of acting Colonial Seere- tary and standing counsel to the monopolist. gave rise to grave suspicions as to the means by which the tenders for the opium farm had been accepted and dealt with. In consequence of the strong remarks as to the dual position held by him, and the comments passed by the local press upon the subject, Dr. Bridges, to clear his character, found himself compelled to call for an inquiry into the whole matter of the monopoly, but not until certain disclosures had been made in a case heard in the Police Court on the 15th April, 1858, wherein'Chun Tai Kwong, the monopolist, had prosecuted a Mr. Hoey for boiling, etc., opium without a licence. ts, At a meeting of the Legislative Council held on the. 7th May, Dr. Bridges, with the Governor’s permission, called the atten- tion of the Council to certain statements in regard to the disclo- sures mentioned above which had appeared in The Hongkong Register of Tuesday, the 4th May, which he said affected his character as an officer of the Government. He expressed his wish that the Council should, in some manner, afford him an opportunity of proving “ the utter groundlessness of the insinua- tions contained in the above newspaper.” Accordingly a Committee consisting of Colonel Caine, the Lieutenant-Governor ; Mr. Davies, the Chief Magistrate ; and Mr. Dent,* was appointed to inquire into the statements. Subse- quently, at a meeting on the 10th May, upon Colonel Caine * Amts Chan vty n 440 THE COMMITTEE ON DR. BRIDGES AND THE OPIUM MONOPOLY. 473 stating his unwillingness to form part of the Committee, it was Chap. XXI. moved by the Attorney-General, seconded by Colonel Caine, that such Committee consist of the Chief Magistrateand Mr. Dent only, and agreed to, and also that the inquiry be held with open doors. . The Committee, after holding several meetings, closed its sit- tings on Friday, the 28th May, at noon, the last witness examined being Dr. Bridges himself. Mr. Anstey’s concluding evidence at the previous sitting was given in reply toa question on the subject of Dr. Bridges’ infringement of. professional etiquette. The reply set forth at length the Attorney-General’s opinion of Dr. Bridges’ conduct in the affair, and the opinion he expressed was very much adyerse to the acting Colonial Secre- tary. Dr. Bridges stated that from the course which the inves- tigation had: taken “there was no doubt left in his mind that the Attorney-General was his real accuser in the matter, using the columns of The Hongkong Register as the means of his anony- mous attacks,” It is hardly necessary to say that this was stoutly denied by the paper in question. The following was the report of the Committee dated the 31st May, 1858 :— Your Committee, considering that the words of the order of reference should be taken in their widest sense, and that the integrity of the acting Colonial Secretary implies not. merely ordinary honesty, but the wholeness and singleness of his character as Colonial Secretary, have inquired into his entire conduct in reference to all matters connected with the grant of the opium monopoly. Your Committee have also allowed themselves as wide a range as possible in their method of inquiry. They advertized in the local papers the publicity of their proceedings, and invited and made use of suggestions from all sources as to the witnesses to be examined and the questions to be put tothem, ‘They permitted themselves great latitude in the kind of evidence which they admitted, and only struck out as inadmissible one question and its answer, and part of the answer to another question. They omitted to call only one witness suggested to them, as his evidence would not have referred to the matter ander inquiry ; and every person invited to give their information did so, with the exception of Mr. Hoey. His evidence would have been important, but he refused to attend, whence they conclude that he dared not deny before them having made these defamatory statements (thongh he has elsewhere denied having made them) which gave rise to the present inquiry. Your Committee have now to report, as the result of their proceedings, as follows :— ; Ist. It appears that the tender of the present monopolist (Chun Tai Kwong), and those of two other persons, were not received by the acting Colonial Secretary until the 14th March, the day after the last day for tendering ; that Chun Tai Kwong’s tender was the highest, and the reason given for the Jateness of his tender being satisfactory to His Excellency, that it was ac- cepted by him, with a full knowledge of the facts, on the 15th March ; that two days after this, on the 17th March, the Opium Monopoly Ordinance passed the Legislative Council, on which day various changes highly favour- able to the monopolist, and suggested by him or his partners to the acting 1858, Dr. Bridges’ attack upon Mr. Anstey. Accuses him of being the real accuser, The report of the Committee, Ava Chap. XXI. 1858, HISTORY. OF THE LAWS, ETC.,.0F HONGKONG. or Colonial Secretary, were introduced into, the Ordinance, on the . acting Colonial Secretary’s motion, but that this was. done with the. most perfect openness, the Members of the Legislative Council ‘being fully informed by Dr. Bridges of his reasons for proposing the alterations. ' It does not appear that‘any undue influence was used in obtaining the grant for the present monopolist ; or that any corrupt motive existed for making these changes in the Ordinance ; and there is not the slightest ground for believing that any- thing in the nature of a donceur was offered to, demanded by, or accepted by, Dr, Bridges. - Eades ee be ales 2d. The above matters being the only ones connected with thé grant of the opium monopoly, in which it has been suggested that. the honesty or honour of the acting Colonial. Secretary could be involved, your Committee are clearly of opinion that the honesty and honour of Dr. Bridges, in refer- ence to all proceedings connected with the grant of the opinm monopoly, remain wholly unimpeached. i ee — % PN 8d. It further appears that, early on the morning of the 17th Mareh— the day when the Ordinance passed; and when the alterations referred to were made in it—or of some subsequent day, the monopolist retained Dr. Bridges as his counsel; that on the 25th March, immediately after the monopolist had executed a bond to Government connected with the mono- poly at the Government Offices, Dr. Bridges called the Clerk of the Councils into the Colonial Secretary’s room, that he might hear Dr. Bridges tell: the - monopolist that, though he was his connsel, he.could not act for him against the Government ; that the fee on the retainer was paid in the evening of the same day to Dr. Bridges at his house, and that the monopolist,.had ascertained some days previously from Dr. Bridges’s compradot what the amount of the fee should be, but without the knowledge or sanction of Dr. Bridges; that when Dr. Bridges accepted the office of acting Colonial Secretary in Febrnary, 1837, it was on an express understanding ‘with: the Governor that he should be allowed to practise as a barrister, and. that his time should be his own ;* and that it did not oceur to Dr. Bridges at the time he accepted the retainer from the monopolist, that there might on future and various occasions be questions connected with the opium monopoly, in which his duty to the Government as a Member of the Executive Council would seriously clash with his duty as counsel to the monopolist. It: further appeared to your Committee—though the monopolist. now denies it, and the evidence is conflieting—that the monopolist did say to Mr. Hoey, “ Dr. Bridges is a very elever man; he can do what he likes with the Governor, and can make a law and tear it to pieces again the next day,” t 4th. These proceedings in the opinion of, your Committee show the want of a due appreciation by Dr. Bridges of the demands of his high and important offices as Acting Colonial Secretary, Member of the Legislative Council, and Member of the Executive Council; and denote an absence of that proper sensitiveness which should have made him, above all other persons, foresee and avoid all positions of possible conflict between his ‘publie and private duties, which, in the case of the opium monopoly, were sufficiently obvious. That Dr. Bridges should hold the offices mentioned, and at the same time zetain the privilege of practising as a barrister, however undesirable .a state of things, is one for which he cannot be blamed ; but the limits within which he would avail himself of this privilege were under his own control. He fixed the limit that he would not act against the Government, and the place in which he informed his client of this fact was most- unhappily_ chosen. Further, he should have seen that any one, more particularly a Chinaman, must think that he would greatly gain by employing as his counsel a high * See ante Chap, XVIIL., p. 426, ‘ | Soars ¢ It may here be mentioned that the monopolist Chun Tai Kwong was an English scholar, and at one time was on the Roll of Interpreters of the Supreme Court, © See further reference to him, p, 477, ubi supra. DR. BRIDGES’ CONDUCT AS TO OPIUM GRANT BLAMEABLE, officer of Government, through whose means changes so beneficial to himself had been made at the last moment in a public Ordinance, and ‘that the mono- polist and the Chinese community generally would conclude, however erro- neously, that the official so retained, and the Government of which he was a, Member, were open to private influence. ‘That such must be the effeet of Dr. eee conduct,on the minds of the Chinese, there cannot be any doubt. Viewed in this light therefore, your Committee regret to say that they consider Dr. Bridges’s conduct in reference to the opium grant blame- able, ‘though, as they have before stated, they consider his honesty and honour quite unimpeached, & By ee H. Tevor Davies, Chairman. Jouy Dent, “Council Chamber, 31st May, 1858. This report could: not-be taken in any other light than that of a severe and pointed rebuke. At all events it disclosed a state of affairs reflecting discredit on the Government of the Colony, and the mischief was to be attributed to the Government alone for allowing Dr. Bridges to take the office of acting Colo- nial Secretary and holding it in-conjunction with the incon- gruous office of a private practising barrister. Astonishment was expressed at Dr. Bridges not resigning his appointment at: once, though he endeavoured to do so in July following, ostensibly because Mr. Mercer had obtained an exten- sion of three months’ leave, and also because he was anxious ‘to resume the exercise of his profession,”’* but in reality because he was aware of the'turn that affairs had taken in connexion with Mr, Austey’s charges against Mr. Caldwell and which would have enabled him, as he himself admitted in Council on the 7th August, to again hold the office of Attorney-General if offered to him.* He had: asked for the Committee and the Committee had not quite cleared him of the charges. Naturally, having appointed Dr. Bridges to the office of Colo- nial Secretary with private practice, Sir John Bowring had to clear him of all imputations of mala fides, and this he did, as the following despatch to the Secretary of State shows, in a very mild manner. _ Mr. Anstey, of course, comes in asan instigator of the charges laid-at Dr. Bridges’ door and for a share of the blame imputed to the latter. What Sir John Bowring said as to private practice in Hongkong in those days is, in a community such as Hongkong, (as. is, moreover, pointed out by the Com- mittee in the foregoing report in reference to the Chinaman), as applicable to-day, as when Sir John Bowring wrote :— Government Office, Victoria, Hongkong, 4th June, 1858. My Lord, I am sorry to be compelled to trouble Your Lordship ona subject which has caused much discussion and no small amount of seandal ini this Colony. * Sce Chap. XXIJIL, whi supra, 475 Chap, XXI. 1858, Discredit to the Government of the Colony. Mischief attributable to incon- gruous . position of acting Colonial Secretary, with private practice as a barrister. Astonish- ment at Dr. Bridges not resigning. Sir John Bowring attempts to clear Dr, Bridges of all imputations of mula fides. Mr. Anstey as an alleged instigator of the charges. Sir John Bowring on private practice, His despatch to the Secretary of State, 476 Chap, XXI. 1858. HISTORY OF THE LAWS, ETC., OF HONGKONG. Aun article appeared in one of the local. newspapers, which I herewith enclose, containing imputations on the acting Colonial Secretary, felt by him to be so injurious to his reputation that he brought the subject before the Legislative Council, who appointed a Committee to inquire and report. Their report, with the accompanying evidence, I bave the honour to enclose. Whoever was the author or the adviser of the article complained of, there ean be no doubt that the Attorney-General, Mr. Chisholm Anstey, has been most actively engaged in the present attempt to diseredit and condemn Dr. Bridges. It would be impertinent for me to anticipate Your Lordship’s judgment in u matter so especially referred to the Supreme Authority. Great inconvenience would have resulted to the publie interests had Dr. Bridges thrown up his office; and I am glad he has reconsidered his intention, especially as the leave of absence granted to Mr, Mercer, the Colonial Secretary, is near its expiration, and he may be expected here in the course of the coming month, I venture, however, to make a few observations on the general subject. I have long come to the conclusion that the permission, in a Colony like this, granted to any public functionary to be engaged in, and to derive pecu- niary benefit from, private professional practice, is necessarily compromising and disparaging to himself, and injurious to Her Majesty’s service. * The Attorney-General, the Surveyor-General, and the Colonial Surgeou have been allowed this privilege (though in the case of the two last-named functionaries the privilege has been lately withdrawn), and in. the embarras- sing position iu which I was placed by Mr. Mercer’s departure, I had to con- sider whether the fact of Dr. Bridges being a practising barrister (in some respects an ‘advantage to the Governor) was sufficient to counterbalance his many claims to my confidence ; these claims earnestly advocated by Mr. Mercer, who was on terms of great intimacy with Dr. Bridges,f and who thought it most advisable that Dr. Bridges’ services should be secured to the Colony, with which he had been long officially connected, and of whose affairs he had intimate knowledge and considerable experience. I concluded that, on the whole, Dr. Bridges was the best appointment I could make, and the appointment was confirmed by Mr, Seeretary Labouchere. In reviewing Dr. Bridges’ career as acting Colonial Secretary, I am not unaware of his defects, attributable, uo doubt, to his inexperience of his novel position. He has not always consulted the Governor in cases where official authority has been exercised. It is difficult sometimes to draw the line between those details where the action of the Colonial Secretary is becoming, and those graver matters which should be referred to his chief. But looking at Dr. Bridges’ connexion with the Colonial Secretary’s Department, he has on the whole, in my judgment, rendered active and valuable services, espe- cially in the improvement of our finances, and the reform of ow Police, and the general good government of the Colony. And I am compelled to add, that far from having received appropriate and friendly aid from the Attorney- General, whether from professional rivalry, or from an uncontrollable, restless, and turbulent temper, or from both wited, Mr. Anstey has greatly augmented the difficulties of Dr. Bridges’ position, whether by publicly depreciating his * In a later despatch to Sir Edward Lytton, dated the 16th October, Sir John Bow- ring again alluded to the inadvisability of allowing private practice to the Attorney- General as follows: “ All these discussions will. I hope, prove to Her Majesty's Government the desirablencss of disallowing private professional practice to the Attorney-General... the jealousics and bickerings ereated by the existing state of things are prejudicial to the Queen’s service, and I fear are an inevitable consequence of the clashings of public interests and private emoluments.” Sce Chap, XX1v., in/rd, and on the subject of private practice, see also Vol. 11., Chap, LXXXII1, . ta RSE + Scc auté Chap. XVIIL, p. 425, SIK JOHN BOWRING’S ATTACK ON MR. ANSTLY, merits as a lawyer, or by failing in that decorous bearing towards one holding a superior rank, which is essential to the preservation of order and harmony. T have, ete., a ” (Signed) Joun Bowne. P.S.—-The evidence not having yet been received from the printer will be sent with the next despatches and the duplicate of the present. (Signed) J. B. Teh Tune, — By the mail of the (21st. June, the Governor forwarded to Lord Stanley, the Secretary of State, the evidence taken at the inquiry connected, with the grant of the opium monopoly, and with it a report which, while saying but little or nothing in favour of Dr. Bridges was nothing bat an attack, upon Mr. Anstey. The following was the report in question :— . Government Office; Victoria, “- ‘Hongkong, 21st June, 1858. My Lord, ie E now send to Your Lordship the evidence wiich had uot been returned from.the printer when J forwarded despatch No. 73 of the 4th instant, on the subject of Dr. Bridges’ connexion with the grant of the opium monopoly. I fiud it is stated in this evidence that the opinm monopolist is in great favour with “his patron,” the Governor, who often received him on deputations ; and the personal influence of: the said monopolist with the Governor is repre- seuted.to have kept one of the witnesses in dread. .. Though the Attorney-General avoids making himself responsible for these inventions (for such they are), he gives them as far as he can the sanction and support of his authority. a (2) I beg to assure Your Lordship that, at the time of granting the monopoly, I did not recollect ever having heard the monopolist’s hanie (Chun ‘Tai Kwong); that his. person is even now: unknown to me; that I have no remembrance of ever being in his presence until one day going into the Colonial Secretary's Office,’ Dr, Bridges, pointing out a group of,Chinamen, said, “These are the Chinamen who have had the opium grant.” I did not remain in the room a minute. Long after the monopoly was granted, I was informed that Chun ‘was a Christian Protestant eonvert (whose wife! was living at St. Paul’s College), of whom I had heard.from. the Bishop and others, but his identity with the opium monopolist was to me, a discovery.* fs I can scarcely pass over in absolute silence the liberties taken by the ‘Attorney-General with the character and the conduct of the. Governor and the Government, which would indeed deserve little credit if cither Governor or Government were blown ‘about by the shifting though boisterous gusts’ of Mr. Anstey’s violence. Though Dr. Bridges is, by the report of the Com- mittee, perfectly cleared from the charge of corruption, and no stigma is left upon his honesty and honour, I should have been much better satisfied if, in his peculiar position, he had not undertaken ‘to'be Chun Tai Kwong’s adviser; and it would have been well if Mr. Anstey had learned a little more about the character of his client, Mr. Hoey, who has managed; to pocket teu thou- sand dollars for his share in the monopoly, before forwarding his letter of the 24th April, to the Government, and, to a certain extent, identifying himself with statements of a very questionable character. If I were to listen to and investigate all the tittle-tattle of the Colony, and. mix myself: up with the * In reference to Chun Tai Kwong, see also anté p, 474, note. 477 Chap, XXI, 1858, Sir John Bowring forwards evidence taken at the opium inquiry. Attacks Mr. Anstey. 478 Chap. XXI. 1858. Daring robbery with violence upon Messrs, Hazeland and Stace, The rufians never brought to justice. Paper by Mr. Anstey on slavery and. the Dred Scott decision, HISTORY OF THE LAWS, ETC., OF HONGKONG. libels and lies which the tropics appear, with other noxious things, to gene- rate; 1 must lay aside all the graver duties of my office-to fan noisome fires, which, left alone, are speedily extinguished in their own foul smoke. I have, ete., (Signed) Joun Bownine. A daring highway robbery with violence was perpetrated on the morning of Wednesday, the 2nd June, upon Mr. Hazeland, the solicitor. That gentleman and Mr. Stace were returning from Stanley by the military road, early in the morning, when the former pushed on before his companion who waited on the road for their horses, which were being brought up by attend- ants. When Mr. Hazeland was some distance in front, he met three or four Chinamen, one of whom accosted him in English. When turning round to acknowledge the salutation, another Chinaman,—who with the others had jumped from behind a tree when Mr. Hazeland was coming along—made a blow at his head with a sword, and, in attempting to ward off this, Mr. Hazeland’s thumb was nearly severed from hishand. Another stroke caused a tremendous gash on the back of his head and stretched him senseless on the ground. Other wounds were in- flicted and his gold watch and chain, hat, and other things were taken away. Mr. Stace came up before the villains had retired any distance, but unfortunately he had only three shots- in his revolver, and as the men waved their swords and appeared ready to fight, he judyed it best to act only on the defensive, and allowed them to retire. With great difficulty Mr. Haze- land was supported on horseback down to town and taken to the Seamen’s Hospital, where he lay for several weeks in a preca- rious condition. On the 4th June Government offered a re- ward of $100 for the apprehension and conviction of the robbers, and a free pardon to any one engaged in the commission of the robbery, other than the person or persons who inflicted the vio- lence. The ruffians, however, were never brought to justice. On the 25th June, a Chinaman was arrested on suspicion and charged with the murderous assault, but there being no evidence against him, Mr. Hazeland, moreover, being short-sighted and not having recognized him, he was brought before the Magistrate and discharged. Another Chinaman named Ashing, against whom a charge of conspiracy regarding the assault had also been entered, after being remanded several times, was also discharged on the 8th July, for want of evidence. . A very interesting paper on slavery, being a critical review of the speech of Senator Benjamin upon the Dred Scott decision, was, on the 13th June, written by Mr. Anstey. This paper LEGISLATION, 479 though not meant for publication, many years after found its Chap. XXI, way into the press.* 1888, The Legislature, on the 15th June, passed Ordinance No. 10 Ordinance of 1858, making it lawfalfor the Governor to substitute penal ae et servitude for transportation until suitable places to which offen- ders could be transported should be appointed. * See Hongkong Daily Press, 26th September, 1873. Chap. XXII. Vigorous movement for the amalgama- tion of the two branches of the legal profession, The mer- chants and bankers memorialize the At- torney- General. 480 CHAPTER XXII. - 1858. a og Vigorous movement for the amalgamation of the two branches of the legal profession. —The merchants and bankers memorialize the Attorney-General.—The origin of the memorial for amalgamation.—Motion of the Attorney-General in the Legislative Council, —Memorial read and ordered to be printed.—The Hongkong Law Society memorialize the Chief Justice and the Governor-in-Council against amalgamation.—The memorial to the Chief Justice—The memorial to the Governor-in-Council. The Chief Justice pre- sents the memorial of the Hongkong Law Society to the Council.—The Governor lays on the table the draft of ‘An Ordinance for Practitioners in Law ’.—Discussion upon the memorial and as to Mr. Parsons having been deputed by the Hongkong Law Society to represent them. Exorbitant charges of the lawyers discussed.—The Governor and Mr. Anstey upon the Chinese.—The Ordinance for practitioners in Law.—The Hongkong Law Society heard in Council.— First occasion on which press reporters attend the Legislative Council.—The whole Colony calls for amalgamation.—The local press upon the subject.— Meeting of the Legislative Council upon the amalgamation question.—Mr. Parsons dis- owned by the Hongkong Law Society, and ordered to withdraw from the Council.— Denial of certain attorneys as to Mr. Parsons representing them.—The Council declare the petition a fraud upon its privileges.—Correspondence relative to Mr. Parsons’ conduct and the alleged petition from the Law Society and his having been deputed to represent it.—The Governor's remarks upon the enormous charges imposed upon the Chinese,— Resolution on motion of Chief Justice that Chinese be notified in Government Gazette that bills of costs are taxable-—Mr, Anstey and Ordinance No. 13 of 1856.—Ordinance No, 12 of 1858 ‘for Practitioners in Law’ passed. The outcome.—Mr. Anstey renews his application for Police protection—The Governor's reply.—Mr. Anstey addresses the Secretary of State and alludes to the constables allowed to Mr. Caldwell.—Rules and orders of the Legislative Council of 6th April, 1843, re-published.—Rules and orders of 7th March, 1858, rescinded.—-Mr, Anstey states in the Legislative Council that the Registrar-General’s office is a sinecure,— Pawnbrokers attempt a demonstration, considering their licences exor- bitant.—Police warning as to increased watchfulness by residents necessary.— Caution as to walking or residing far away from town. Night passes. Hours reduced.—Condition of affairs in Hongkong consequent upon relations with China.—Hostile action of the Chinese and others. Artisans leave the island.—Stoppage of supplies of provisions. Food at famine prices.— Police inefficiency. The residents memorialize the Governor and ask for prompt remedy.— Zhe Straits Guardian on the condition of the Police Force.—The memorial of the community.—The reply of the Governor as to measures taken for the protection of the Colony.—Proclamation announcing Treaty of Peace between England and China and requiring obedience to law and good behaviour on the part of the Chinese inhabitants. A vicoRoUs movement, more important than that recorded in January last,* again set in at this period for the amalgamation of the two branches of the legal profession. The Hongkong merchants and bankers in a body decided upon memorializing the Attorney-General upon the subject, not aware, however, at the time, that they had a precedent in the Charter of the Straits Settlements’ Court of Judicature, which recognized only one class of practitioners. On the 10th May a petition signed by the most influential residents was accordingly forwarded to Mr. Anstey, of which the following is a copy :— Victoria, Hongkong, 10th May, 1858. Honourable T. Cuisuota Anstry, Esq., Attorney-General, etec., etc., ete. Sir,—We, the undersigned, do ourselves the honour of addressing you, the law officer of the Crown, for the purpose of drawing your attention to the * Anté Chap. XX. § IL, pp. 455-460, COMMUNITY ASK FOR AMALGAMATION OF THE LEGAL PROFESSION. 481 distinction (unnecessary as it appears to us) existing between barristers and Chap. XXII. solicitors in this Colony. Whatever may be the custom at Home in this respect, we think that a great benefit would result to us and our fellow- citizens, were an amalgamation effected between the two branches of the legal profession here, and should you feel disposed to concur in our views, we trust that you will take such steps as may seem to you best adapted to carry out our wishes. 1858, We do not desire this change on account of the expenses attending legal proceedings, as we know they must necessarily be high in this place; but we can see no sufficient reason why we should be compelled to employ two advisers when it would be much more convenient for us to confide the whole of the law matters to one, The conviction has long been gaining on us that, in a young and small community like ours, there should be but one class of practitioners, and that unrestricted competition between all the properly admitted members of the Supreme Court would be a great improvement on the existing state of things. We have the honour to be, Sir, Your most obedient servants, Dent & Co. Gibb, Livingston & Co, Lyall, Still & Co. D.N. Mody & Co. Birley & Co. [A signature in Parsee. ] Turner & Co. Dhurumsey Poonjabhoy. For Mercantile Bank— [A signature in Parsee. ] John Costerton, Alanager. “Cassumbhoy Nathabhoy & Co, Siemssen & Co. Cowasjee Pallanjee & Co, Blenkin, Rawson & Co. Hormusjee & Rustomjee. Maxn. Fischer, Supt., P. § U.S. N. Co. Aderjee Sgpoorjec. John Burd & Co. C. S. Luigrana & Co, p. pro Phillips, Moore & Co., R. Ruttunjee & Co. P. Cohen. David Sassoon, Sons & Co. Neave, Murray & Co. Judah & Co. Lindsay & Co. B. C. Bhabha. Wm. Pustau & Co. Lane, Crawford & Co. P. & D. N. Camajee & Co. p. pro Bowra & Co., Eduljee Framjee, Sons & Co. W. Harding. Augustine Heard & Co. Smith & Brimelow. Fletcher & Co. F. Woods. De Silver & Co. For Commercial Bank of India —- Samuel Woodruff. Henry Rutter, Agent. Thomas Hunt & Co. G. Duddell. Gilman & Co. G. Harper & Co. R. McGregor & Co. MacEwen & Co. A. Shortrede & Co. Russell & Co. D. Lapraik. W. H. Wardley & Co. Edwards & Balley. Vaucher Fréres. P. Campbell, Manager, Oriental Bank Corporation. As to the origin of this petition or the manncr in which, it is Tee cnen alleged, it was got up, the records hereafter will show.* ‘memorial for ; amalgama- . ne tion. Ata meeting of the Legislative Council held on the ‘25th Motion of the - Attorney- * See Vol, 11, Chap. XXXVI, 482 Chap. XXI1 1858 3 Gencral in the Legislative Council, Memorial read and ordered to be printed, The Hong- kong Law Society memorialize the Chief Justice and the Governor-in- Council against amalgama- tion. The memorial to the Chief Justice, .@ HISTORY ‘OF THE LAWS, ETC., OF HONGKONG. May, the Attorney-General brought up and read the follow ing motion in, connexion with the foregoing prayer :— | + Ht “The Attorney- -General, —To present a memorial addressed’ by. fifty-one mercantile and trading firms of Hongkong to himself, as the Law ‘Officer of Her Majesty, on the distinction existing between "the two branches of the legal profession here, and recommending an amalgamation between them ; to call attention to the same, and to move: that it be Baie soe arom information.” cae GO fay On the question being put and passed, the memorial was read and ordered to be printed, Mr. Lyall stated that he would, before the next meeting, send to the Clerk of Councils.a notice of motion for submission to the Council, on the subject matter of the memorial. In the meantime, considering their interests at stake, certain attorneys of the place without having, however, the full sanction of the whole of their body as constituted by the Hongkong Law Society, through the Secretary of the Society, presented memorials both to the Chief Justice and to the Governor-in-Council against the proposed amalgamation, con- sidering it unfair and prejudicial to themselves. The following was the memorial presented to the Chief Jus- tice on the 5th June:— fe uiee 1 ‘ Jo the Honourable Joun Water. Hutae, Esq., Chief Justice of the Colony of Hongkong. THE HUMBLE MEMORIAL OF THE HONGKONG * LAW SOCIETY. We, your memorialists, look to Your Lordship, as the common. head of both branches of the legal profession, to protect us against an insidious attempt, now being made, to deprive us of our just rights, and privileges, under the specious pretext of the amalgamation of the two branches, thereby pretend- ing to give to us equal advantages: and position with the barristers. : None in this Colony knows so well as Your Lordship the reasons for the division of the profession into barristers and attorneys, and the, advantage gained to the community thereby, and that the assistance which, the Court expects, and so often receives, from the learning and research of an intelli- gent bar, and which could not be expected from the legal. education of an attorney, is not lightly to be disregarded. Your Lordship, in the discussion of points of law before you, would hard- ly lose sight of the fact, that an attorney was addressing you in one ease, aud a barrister in another, and however desirous you might be to give a fair and equal attention to the arguments of each, it would be more than could be ex- pected of humanity that 3 you should pay equal. regard to them. We conceive that au amalgamation would be very prejudicial and unfair to us, and of no advantage to the community, who, not regarding expense, may have all they can desire under the present system, ; ’ We beg leave to hand to Your Lordship, for presentation. to the Legislative Council, the accompanying petition, which more fully expresses our views, THE HONGKONG LAW SOCIETY AGAINST AMALGAMATION, 483 and we humbly request Your Lordship to give such effect to the prayer there- Chap. XXII. of in the Legislative Council, as, Your Lordship may deem just aud equitable, —We have the honour.to be, Your Lordship’s obedient. servants, . THE HONGKONG LAW SOCIETY, wag By their Secretary, Epvwarp. K. Stace, 5th June, 1858. The memorial to the Governor and the Leyislative Council was of a different nature altogether. It sounded more like an alarm than anything else, and in their attempt to upset the movement the attorneys outstepped the bounds of truthfulness. They asserted that the heads of the mercantile and other firms who signed the memorial for amalgamation had done so in ignorance of the subject.and principally because two members of the Legislative Council had signed it first ;—that' no com)laint had’ been made wgamst the attorneys’ branch of the professton,— which in itself was,a gross perversion of facts, as this memorial had been got up principally. owing to complaints against the lower branch of the profession ;*—also that the memorial origi- nated ‘in a hostile spirit with a view to benefit the members of the bar. The memorialists further denied the competency of the Colonial Government to effect the change asked for, and ended by asking for a Committee of Inquiry. ° The following was the petition, said: to have been drawn up by Mr. Parsons, the leading spirit in the matter :— To His Exeelleney Sir Jonn’ Bowrina, _ Governor of Honghong, and its Dependencies, etc., etc., eles, z in Legislative Council. — , THE HUMBLE PETITION OF THE HONGKONG LAW SOCIETY , Sheweth,— : _Thatin The Government Gazette, of the. twenty-ninth of May, one thousand eight hundred and fifty-eight, a memorial was. published, purporting to have been signed by fifty-one mercantile and trading firms of Hongkong, address- ed to the Attorney-General, iu which an opinion was expressed, that the dis- tinction between barristers and solicitors in this Colony was unnecessary, and that great benefit would result to the memorialists, and their fellow-citizens, were an amalgamation. to be effected between the two branches of the legal profession here. And further stating, that they did not, desire the change on accouut of the expenses attending legal proceedings, as they knew they must be necessarily high in this place, but that they could see no sufficient reason why they, should, be-compelled to employ two advisers, when it would be much more conyenient for,them to confine.the whole of their law matters to one, and that the conviction had been long gaining on them, that in a young and small community like ours, there should be but one class of practitioners, and that unrestricted competition between all the properly-admitted members of the Supreme Court, would be.a great improvement on the existing state of things. ™ See anté Chap. xx. § Il, p. 454, ant refererices there given, 1858, The memorial to the Governor-in- Council, 484 Chap. XXII. 1858. HISTORY OF THE LAWS, ETC., OF HONGKONG. That no reasons are given in the memorial, except the convenience of con- fiding law matters to one adviser, and the inability of the memorialists to perceive any sufficient reason for a state of things which has existed in Eng- land at least ever since the time of King Henry the Third, and has been found convenient and beneficial wherever the British laws prevail, and under which the memorialists, if they do not regard the expense, as they assert, can have all the convenience which they desire. That your petitioners are at a loss to understand the conviction of the me- morialists, that in a young and small community there should be but one class of practitioners, when it is borne in mind that in such a young and small com- munity there has been introduced, under the auspices of the present Attorney- General, and there is now in full operation, all the technical, artificial, and complicated machinery of the law as existing at Home, with the addition of the numerous local laws which the position of this Colony has rendered ne- cessary. That the memorialists appear to have overlooked the fact, that in England there is not only the distinction of barrister and attorney and solicitor, but that the subdivision between barrister and barrister in different branches of the law is as distinct as between barrister and attorney. ‘There are the Com- mou Law barrister, the Equity Draughtsman, the Conveyancing Counsel, the Bankruptcy and Insolvency and Criminal Law Counsel, and the Advocate of the Admiralty Court, and again there are special pleaders and convey- ancers, who, not being counsel, relieve them of some of their most difficulty duties. That the ‘attornies, solicitors, and proctors are the gexeral practitioners, who are not expected to possess profound knowledge of any particular branch of law, but to have a general knowledge of all, and to be expert in collecting and arranging facts with a view to the application of the law to them in every branch, which latter duty devolves on the barrister. That there has been no public demonstration or expression of opinion, other than the above mentioned,—no complaint has been made against your petitioners’ brauch of the legal profession, and your petitioners have been in- formed, and have good reason to believe, that the memorial emanated from two individuals only, and that by means of house to house solicitation, and friendly persuasion, several of the memorialists were induced to subseribe the memorial, in the belief that the solicitors of Hongkong were favourable to the amalgamation, and many who could know nothing of the effect of the proposed change, added their names for the simple reason that. others had signed before them, and your petitioners affirm that such memorial is no reasonable or intelligent reflection of the matured opinion of any part of the community possessing competent information on the subject upon which they solicit the interference of the Legislature, and that, moreover, but few of them have law business of any maguitude to transact. That your petitioners submit, that even if such memorial were a bond fide exposition of the sentiments of the community, it was, having regard to the want of representation in the Colony, an unconstitutional course to adopt, with a view to such an important legislative measure as the destruction of the relative distinctions between barristers and solicitors, without reason or evidence, and without regarding the rights of those most interested in the question, aud your petitioners humbly but firmly remonstrate against the fact, that two members of the Legislative Council were the first to sign a memo- rial to the Attorney-General, himself 1 member of the Council, and not a disinterested person in the present question, to solicit an alteration which they themselves would, in their legislative capacity, be called upon to make,—the signatures of those two members of the Legislative Council being, as your THE HONGKONG LAW SOCIETY AGAINST AMALGAMATION, 485 petitioners assert, the principal, if not sole cause, of the signatures which Chap. XXII, followed, and tending materially to influence other members of the Council. ae That bearing in mind the fact, that the barrister in this Colony has to un- dertake advising in every branch of the law, your petitioners submit that the necessity for a division of the profession is greater here than in England, and that the advocacy of “ unrestricted competition ” in legal knowledge between barrister and attorney, in the cireumstances above detailed, merely shows that those who advocate it have not made themselves competent to form a judgment on the subject. That your petitioners believe the memorial to have originated in a spirit hostile to their branch of the profession,—covertly supported by certain mem- bers of the bar, and the real object of the memorialists is to benefit those members of the bar at the expense of your petitioners,—a real and complete amalgamation being, as your petitioners submit, simply impossible, and an imaginary one, being destructive of the rights and privileges of your petition- ers, to which they are entitled in exchange for their disabilities, the super- vision by the Courts in which they practise of their conduct and charges, and a laborious and expensive training. That your petitioners doubt the competency of a Colonial Government to make the change proposed, but they humbly submit that, before any attempt should be made at legislation on the subject, your Honourable Council should appoint » Committee to take evidence, before which Committee the persons who signed the memorial, and others could be examined, and state their views and grievances, and your petitioners might be allowed to defend them- selves against that which is intended to cause destruction to their branch of their profession, without giving them any compensation, aud deprive them of y the undoubted right of every Briton, that of being heard before being con- demned. That, as an additional reason for proceeding with all caution in such a proposed change, your petitioners would beg respectfully to call the attention of the Council to the fact that, in Canada, where an amalgamation of the pro- fession nominally, although not really, exists, a call is being made at the present time for a distinct separation of the two brauches. Your petitioners therefore humbly pray that the said memorial and this petition may be referred to an independent Committee or Commission to take evidence, and report thereon, before any attempt be maile to legislate on the subject of the memorial. And your petitioners in duty bound will ever pray, etc. THE HONGKONG LAW SOCIETY, By their Secretary, Epwarp K. Srsce. The Chief 5th June, 1858. Justice presents the memorial On the 10th June, the Chief Justice by leave presented the ot the : : x i]. whi ino | Hongkong foregoing memorial to the Council, which, after having been read, fiom Score was ordered to be printed. On the same day the Governor to the. laid on the table the draft of “ An Ordinance for Practitioners Counc! $ . : . The Governor in Law” which was read a first time. The Council then ad- yy). onthe journed to the 12th June. On that day, after the minutes of ble He the last meeting had been read and approved, the Attorney- Ordinance General remarked that notice of the most important part of a for Uxaetl: note from Mr. Cooper Turner had been omitted in the minutes. in Law, 436 Chap. XXIT, 1858, Discussion upon the memorial and. as to ‘Mr, Parsons having been deputed by the Hongkong Law Socicty to represent them. Exorbitant charges . of the lawyers discussed. The Governor and Mr. Anstey upon the Chinese. The Ordi- nance for Practitioners in Law. The Hong- kong Law Society heard. in Council. HISTORY OF THE LAWS, ETC., OF HONGKONG. The Governor read some correspondence which had taken place with regard to Mr. Parsons having been deputed by the Hongkong Law Society to represent them before the Council. A letter from Mr. Parsons was read, stating that, although the printed accounts of what he had said to the Couneil were pretty correct, they were not altogether so; that’ Mr. Woods had ‘stated to Mr. Gaskell the sime reason ‘for signing the petition as to himself, viz., that it was because he had seen the names of so many g orent houses down, and that Mr. Woodruff assigned the same reason. A letter from Mr, Cooper. Turner was read to the effect that he had read the memorial of the Hongkong Law Society hurriedly, and returned it accompanied with a note, stating he thought it would do, with one or two exceptions—the letter not stating what exceptions. Discussion followed with regard to the exorbitant charges of lawyers i in Hongkong, and instances were cited in which E Suropeans had in- terested themselves in Chinese cases, and had got their bills taxed—one case, where the charge was reduced from $250 to $70. The Governor stated that he felt for the Chinese who had to pay so exorbitantly, and called upon the Council to assist him in making the law as cheap as possible. The Attorney-General remarked, that he formerly wished to introduce a wholesale system of taxing , by which, if a lawyer's bill, when taxed, should exceed the scale by one- -sixth, he should forfeit his fees, "and have to pay all costs ; and that it was the abominable cowardice of the Chinese which prevented them from taking advantage of the present system. Mr. dandine proposed that au advertizement should be inserted in The Government Gazette; concerning the taxing of lawyer's fees. The Governor then put the question that the Ordinance * for Practitioners in Law” do pass. (Ayes. 8) (Noes. 2) Mr. Dent. a Mr. Lyall. Chief Justice. Mr. Jardine. Colouial Treasurer. Surveyor-General. Chief Magistrate. Attorney-General. Acting Colonial Secretary. Lieutenant- Governor, At the adjourned meeting of Council on the 15th June, the Chief Justice moved, seconded hy the Attorney-General, and it was carried unanimously,— ‘‘ that on the question for the second reading of the ‘Ordinance for Practitioners in Law,’ the Hong- kong Law Society be heard personally or by counsel ; ; and . MR. PARSONS UPON THE PROPOSED AMALGAMATION. 487 that the Council then receive such evidence as the petitioners Chap. XX. may then produce in support of their petition.” 1858. Accordingly, on the 24th June, the Council met pursuant to is adjournment. It was the first time, since the date of its consti- which press san? that +f ee : : sq reporters tution, that the Legislative Council was attended by members Sa Ene ofthe Press. The Governor being absent on account of ill-health, Legislative a letter was handed to the Council by the Lieutenant-Governor, Counell: written by Sir John Bowring, requesting that in his absence the chair should be taken by Colonel Caine, the Lieutenant- Governor, which was accordingly acted upon. The following is 2 condensed report of the proceedings in Council relating to the discussion which took place on the question of the amalga- mation of the two branches of the legal profession when Mr. Parsons was heard on behalf of the Law Society. The discus- sion is also of interest as showing that at this period the Court had, as yet, no library worthy of the name, if at all, and that Government made no contribution towards one, although some years back, Chief Justice Hulme had started a law library by presenting some of his own valuable books.* The minutes of the last Council were then read: This day being appointed for taking the evidence on the amalgamation of the branches of the legal profession, Messrs. Parsons, Hazeland, and Stace were present in support of the ‘ Hongkong Law Society,’ and at the suggestion of the Attorney-General were permitted to be heard... Mr, Parsons said that-he had been deputed to speak for the Law Society on this occasion, and as he had had no notice whatever of this meeting, he felt himself in an awkward position, as he had not yet been able to give any time for preparations he might have wished to make. As no one was present either to take their evidence,:or to report that evidence, they were under many disadvantages. He was called on to defend his profession, and as he considered the motion in contemplation was most unconstitutional, he simply asked a fair hearing. ‘The public were about to take away his life, for they were going to do what was as bad, take away his means of livelihood, and to destroy his prospects entirely, and the object was merely to substitute barris- ters for attorneys. It was true that the Council had been memorialized on the subject, but in what way was the memorial got up? He would go through the memorial. The amalgamation had been moved by Mr. Douglas Lapraik and Mr, Edwards, and Mr. Douglas Lapraik and Mr. Dixson, of The China Mail, had carried it about for signature. The names of many firmsappeared, whereas, in most instances, only-individuals were actially meant. ‘In the multitude of councillors there is safety..| The memorialists seek to reverse that maxim. He usually sent his clients to counsel for that reason, and never ‘objected to their seeing each other. He had introduced them to counsel so frequently that if the amalgamation should occur he should lose all his clients. The attorneys had actually taught their clients to think the barristers better than themselves. Then counsel were admitted into society from which attorneys were excluded [sic]. What will result? Why personal friend- ships have sprung up, and if the amalgamation occurs the bar will get all the business. The idea of fusion was absurd. But this measure went further still. It actually usurped the functions of His Grace the Archbishop of Can- terbury. It makes an attorney a notary. ' * See anté Chap. VIII § 1., p. 161. + Now a favourite quotation with Mr. Parsons. See anfé Chap. Xx. § 11., p. 458. 488 Chap. XXII. 1858. HISTORY OF THE LAWS, ETC., OF HONGKONG. [The Attorney-General denied this. ] Mr. Parsons said if documents went Home, and the notary’s name were not on record there, they were worth nothing. [The Attorney-General asked how that would affect foreign tribunals ?] Mr. Parsons doubted the power of a Colonial Government to affect them, The measure should have emanated from Home. It was not competent for the Council to deal with it. Besides, the memorial assigned no reasons for the measure. As far back as the reign of Henry IIL. there was a law which spoke of attorneys, and in the reign of Henry IV. there was a law making an examination for an attorney imperative. It showed what an ancient class of men attorneys were, and surely men of such high standing should not be lost sight of, without some better grounds than simply the instigation of a class of ignorant men. [ The Attorney-General.—When the Colony was first established any one was allowed to practise as an attorney in the absence of legitimate practi- tioners.] * Mr, Parsons continuing :—They had no right whatever to starve any member of his profession. The house of Mr. D. Lapraik was the rendezvous of all gossiping gentlemen. The gentlemen, who were the principal movers” in this amalgamation, had been cunning enough to keep their names away from the head of the list, knowing that, when seen, it would instantly con- demn them ; but although this had been done, they had not been wise enough to separate their names. He thought, as any person else would think, that the order of signature would have had some reference to the locality of those signing ; but on looking down the list about half-way would be seen (all together) the names of Mr. Douglas Lapraik, Messrs. Edwards & Balley, and A. Shortrede & Co., the latter signed by Mr. Dixson, who perhaps was not aware that his partner was altogether opposed to such a step as this amalgamation. He could not suppose that Messrs. Dent, to whom he was standing solicitor, intended to abolish him, although their names appeared at the heading of this sham list. He had made it his business to ask all he met why they had signed this, and went as far as to ask some passengers he occa- sionally met in the steamers the same question. There were two parties who had signed the memorial, and he very much questioned their right so to do; one, Mr. Cohen, in the absence of Phillips, Moore, & Co., and an assistant of Messrs. Bowra & Co. The memorial was signed without any reason by those who signed it. (The Chief Magistrate then asked Mr. Parsons, if he meant to infer that the firms who had signed this memorial had done so, not believing all the while in what they were signing. Give us some palpable case, said Mr. Davies, and then we shall better understand you.) Mr. Parsons replied by doing so instanter, and commenced with the firm of Messrs. Pustau & Co. Mr. Brodersen, their representative, merely said he did not know that the attorneys were opposed to it, and he had signed because the other principal firms had done so, and on explaining the matter, Mr. Brodersen proved entirely ignorant of the whole affair. With reference to Messrs. Birley & Co., he asked the representative of that firm why he had signed it; why he had signed in fact his (Mr. Parson’s) death warrant ? The answer was, “why don’t you have all the same charges,” or something to that effect ? Mr. Parsons brought another case forward: he had asked Mr. Woods why .he had signed it. “Oh,” said he, “I saw so many great names already down, I put mine down too, as I do not like to be behind hand.” Mr. Gibb, on being asked, said, he was induced to sign the memorial, * Sce list of Proctors, Attorneys, etc. 7n/rd, and section 11 of Ordinance No. 6 of 1845, Also anté Chap, 111. § 11, p, 74. MR PARSONS BEFORE THE LEGISLATIVE COUNCIL, because he had been led to believe that the attorneys were not opposed to it. Cha (The Attorney-General here asked Mr. Parsons to give his authority for this statement.) ; Mr. Parsons gave Mr. Stace, who, on being asked, said he had heard so, but not directly from Mr, Gibb. Dr. Bridges wished to know why the attorneys had not presented a counter memorial. Mr. Parsons said they were not aware of a memorial having been drawn up until they saw it in The Government Gazette, and that the moment they did see it, they challenged those concerned in it in the very next Government Gazette to give proof, but that that proof had not been fortheoming. Mr. G. Duddell, a clear-headed and clever man, told Mr. Cooper Turner that he only signed it, on the express understanding that Messrs. Jardine should sign it ; and, moreover, said that he was entirely opposed to it. Mr. Parsons continued :—Here we come to somewhere about twenty-four Parsees. What on the face of the earth can Parsees know about barristers aud attorneys ?- How can they know their different distinctions? Wo all know that they are very frugal people, and to say that a Parsee did not look after his coffers, was equal to saying a Chinaman did not care for a dollar ; and that this memorial results in the signature of many gentlemen who might have known what they were signing, if they had only taken the trouble to inguire. Even the members of the Council, unless they were those connected with the legal, profession, could not possibly know the relative duties of bar- rister and attorney. He would reduce the signatures to the English members, rejecting Parsees, Frenchmen, Americans, and such like, and then what would it come to, as these parties could not be. supposed to know much about the English legal distinctions.* Mr. Parsons here expressed his opinion, that the case ought to be referred to a Committee, chosen expressely for the purpose, and composed of disinterested parties. The Attorney-General asked, who were more proper persons than the Council, Mr. Parsons thought that Mr. Anstey, for one, should not form one of the Committee, as he certainly was not a disinterested party. ’Fhe Attoriey-General here moved to the Chairman, that he should put a stop to such personal allusions to members of the Council, as Mr. Parsons did not appear there to question what they were doing. The chair here admonished Mr. Parsons, who apologized for what he had said, and proceeded. At this stage of the proceedings a conversation arose, from an observation made by Mr. Parsons, who said that it would cost him a good round sum yearly to keep up his Jaw library. The Attorney-General said it only cost him about £10. Mr. Parsons: “ Yes; but you forget what an excellent library you have in your head, and therefore do not require so many books.” The Chief Justice said, his library cost him £70 to keep up per annum. The Lieutenant-Governor, who had previously complained of indisposition, was here obliged to withdraw. The Chief Justice proposed an adjournment at once “ sine die.” The Attorney-General moved that a Committee be now formed to continue the proceedings, aud that it do now consist of all the members present. | The Chief Justice opposed it ; the members divided,—all voted “ Yes,” with the exception of the Chief Justice, and the motion was carried. The Attorney-General then moved that the Chief Justice should take the chair, which was seconded by the Chief Magistrate, and acted upon. _ * This impertinent allusion to the Parsees and other ‘ ignorant residents’ called forth the most vchement remonstrance from the local press at the time, 489 p. XXIL. 1858, 490 Chap. XXII. 1858, The whole Colony calls for amalgama- tion. HISTORY OF THE LAWS, ETC., OF HONGKONG. Mr. Parsons then proceeded and said, that on account of having had no time he could not give such satisfactory evidence as he wished, as it was only half an hour before attending the Council, that he had been deputed to speak, Mr. Parsons then brought forward, in a rambling manner, feu ntenlitiee and examples. The Attorney-General here made a Iéngthy speech concerning attor neys, ete., in the Reigns of Henry IIT. and George IV. Mr. Parsons mentioned a letter he had heard of, which had appeared in The China Mail, which he had been told was written by Mr. Lapraik, and thoroughly revised by the Attorney-General. - The Attorney-General, with great warmth, at once denied this acensation, and said, that whoever said it, it was a scandalous falsehood. He then said, and for the last time, that Mr. Parsons should not be allowed to say such things, and make such personal attacks ; that Mr. Parsons had been warned of it before, ' ‘Mr. Dent here spoke and said, that Mr. Parsons had far exceeded his license of speech, and that what he said was most scandalous. The Chief Justice here interposed, and suggested to Mr. Parsons, that he should confine himself entirely to matters connected with the panpore he was present for. The Attorney-General here demanded of Mr. Parsons, the, name of the party who had informed him concerning the letter, and after some little hesi- tation Mr, Parsons gave the name of Mr. Moresby. The Attorney-Gener al instantly despatched a note to that gentleman, which, however, failed in bringing him to the Council Room. ‘Mr. Parsons then made ver y ample apologies to the Attorney- General and other members of the Council, for what he had, said. He then proceeded to read a letter.from the Upper Canada Law Journal, showing that a call had there been made to separate the two branches of the profession. The Attorney-General then wished to know whether Mr. Parsons had. ony evidence to bring forward (except that anonymous letter just read) in support of. what they stated in their petition, about.a ‘call’ having been made, to which Mr. Parsons replied they had not at present, but might be able to do so if time were given them. Here Mr. Parsons made a long speech concern- ing Ordinances, etc., and read the oaths that a Notary Public had to take before the “ Archbishop of Canterbury.” The Se concerning “Practitioners in Law” was then gone into by Mr. Parsons and the Attor ney -General. — si ; isn to receive any ev nl ene is i Tae Society ” may ba ‘able to pr oduce ; ; should this be denied them, their only ‘alternative will be to petition the Secretary for the Colonies to reject the Ordinance, so that it should not be brought to bear upon the attorneys. Mr. Parsons having nothing further to say, ‘the Committee adjourned till twelve o’clock of Tuesday, the 6th instant. Before leaving the room, the Attorney-General said, that Mr. Moresby not having vouchsafed to cither answer his (the Attorney-General’s) note, or to appear personally, the slander rests on his head, and that his: honow would not benefit by what had been said.” At the conclusion of Mr, Parsons’ speech, it was unanimously resolved that the Committee report progress to the C ouncil, and. the Committee then broke up. Certainly the mercantile community were much better judges of what was best for it in this matter than the interested and alarmed attornevs. and for once the whole Colony called for the MR. PARSONS. TURNED OU UF THE COUNCIL ROOM. 491 change. It may not be inappropriate therefore to reproduce Chap. XXU. here what was said on the subject by the leading exponent of — jg56, public opinion at the time and which is so mueh to the ‘polnt :—- The local . : press upon “What is there gained by keeping the two branches separate in this place ? rece There are no such great demands made on the legal knowledge and acumen of either branch that either, in order to accomplish its work properly, need confine itself to its peculiar department, The very alarm of the solicitors is an indication that the present division is not founded on the requirements of the Colony, but is only sustained artificially. We are not aware of the nature of the ‘ call’ which is said to be made in Canada for a separation of the two branches, but it is evident that, as regards the matter in hand, that old co- louy, with its large cities, cannot be any rule for this, except in so‘ far as it proves that even an old and populous colony can advantageously dispense with the separation. The solicitors advance ‘the supervision of the Courts, in which they prac- tise, of their conduct and charges’ as entitling them to exclusive privilege in their branch of the legal profession. Is this not like a criminal putting forward the fact of his confinement as entitling him to levy toll on all visit- ors to the gaol? When the Court, as it did lately, has to cut down a soli- citor’s charges from $255 to $47, it is evident that the necessity of this restriction exists among the solicitors themselves, and that so far from entit- ling them to any exclusive privilege, it constitutes a very strong reason why they should uot have any monopoly secured to them. We have been so sickened with Committecs and Commissions of late* that there is no chance of the petitioners of the Law Society having a Committee before which they might be allowed to defend themselves, but if such an op- portunity were given, their memorial and petition would be among the most damning documents that could be put in against them.” ; The Legislative Council re-assembled on the 6th July, Mr. mecting Parsons being present, and now came the farce. Mr. Parsons, gf the it appeared, had really never been deputed to represent the Council : : . : : upon the attorneys as a body, quite apart from the way in which the (hy memorial alleged to have emanated from the Hongkong Law tionquestion. Society, was alleged to have been got up, and he now met with his deserts, being practically turned out of the Council room. c . Mr. Parsons The Attorney-General said that he was prepared to show, “disowned ¢ : ° . b that the Council had been imposed upon at its last meeting ; ae and he then produced and read a letter from Mr. Cooper Turner, Law society, . : and ordered saying that Mr. Parsons had not, at any meeting of the Law {6 withdraw Society, been deputed by that Society to speak for them in their from the behalf. ‘ : Denial of . 1 i . certain His Excellency the Governor then read a letter from Mr, attorneys . . as to Mr. . Hazeland, saying he was not a member of the Law Society, and Parsons denying his concurrence in'their petition. ce representing them. * There had been actually two Commissions Ae recently, one to inquire into the charges against Dr. Bridges, the acting Colonial Secretary. regarding the opium mono- poly (anté Chap. XX1., p. 472), and the other still pending (Chap. XXIII, «bé supra) into the charges brought by Mr. Anstey against Mr. Caldwell, the Registrar-Generai,.. - a 492 Chap. XXII. 1858, The Council declare the petition a fraud upon its privileges, Correspond- ence relative to Mr, Parsons’ conduct and the alleged petition from the Law Society and his having been deputed. to Tepresent it, HISTORY OF THE LAWS, ETC., GF HONGKONG. A letter was then read also by His Excellency from Mr. Woods, denying in tuto that Mr. Parsons had asked any ques- tion of Mr. Woods rejating to his signature to their petition, and denying that he had given the answer ascribed to him. The Chief Justice reported progress of the proceedings had at the Committee on the 29th June, and the following account shows how the petition, alleged to have emanated from the Hongkong Law Society, was finally dealt with :— The Governor then inquired of Mr. Parsons, who was in attendance, whe- ther, having finished his address, he was now prepared to complete the evidence in support of the petition. Mr. Parsons stated that, finding himself disowned by the Hougkong Law Society, he must decline to take any further trouble in the matter, The Governor then reprehended the conduct of Mr. Parsons, and on the motion of the Attorney-General, nemine contradicente, he was ordered to withdraw from the bar. No other person appearing in support of the petition, or otherwise, It was moved by Mr. Dent, and seconded by the acting Colonial Secretary,— “That it appearing that neither the attorneys or solicitors of Hongkong in general, nor the Hongkong Law Society in particular, authorized Myr. Am- brose Parsons, ove of their number, to appear at the bar of this Council, in support of a petition purporting to be signed by Mr. E. K. Stace, for and as Secretary to the Hongkong Law Society, being the only petition which bas been presented against the Ordinance for Practitioners in Law ; And it further appearing ‘that the said petition did not in fact emanate from, nor was authorized by, the said Society ; And it further appearing, that the said attorneys and solicitors in general, and the said Society in particular, did nevertheless tacitly connive at the’said unauthorized assumptions of the said Messrs. Parsons and Stace, by. not re- pudiating them, nor even protesting against the. highly contemptuous and improper language and tone of the speech made by the said Mr. Parsons at the bar of this Council in pretended support of the said petition, and in the name of the said attorneys and solicitors, and of the said Society ; And lastly it appearing that the parties concerned in thesaid petition have not only failed to substantiate any one of its allegations, but have themselves disproved some of thein : The Council declares the said petition to have been a fraud upon its. pri- vileges, and rescinding its former order that the same do lie upon the table, determines to proceed to the second reading of the said Ordinance.” This done, the Governor stated he would propose the pass- ing of the Ordinance at the next meeting of the Council on the 12th July. On this date the Council again met. At this meeting the following correspondence was referred to and read :— —: (1.) A letter, of the 8th July from Mr. Parsons to the Governor, reiterat- ing his assertions, that Mr. Woods stated to himself and Mr. Gaskell, tliat he signed the memorial for the amalgamation of the two branches of the legal profession, because he saw so many names of the principal mercantile houses attached to the memorial. THE CONDUCT OF MR. PARSONS. 493 (2.) Also, a communication of 8th July, from Mr. Gaskell to Mr. Parsons, Chap. XXIL corroborating the said assertions, and giving the additional statement as made = to them by Mr. Woods, that he thought the change would benefit their branch +008: of the profession. Read a letter, of the 7th July, from the acting Colonial Secretary calling upon Mr. Cooper Turner, as Crown Solicitor, for an cxplanation of the inconsis- teney between his letter of the 4th Junc to Mr. Parsons, and that of the 26th June to the Attoruey-General, as well as. with the statements made in his name by the said officer. (3.) Reply, of 10th July, from Mr. Cooper Turner, to the following effect :—“ That he was not present at the inception nor at the drafting of the petition ; that the same was sent to him in a hurried way for his perusal, and he returned it without considering it much at the moment, with the note dated 4th June last,—‘I think the petition will do well,’ there being uo ob- jection whatever to some portions.—That in using those words he did not intend to give an unqualified approval, or debar himself from giving the mat- ter further consideration or reflection,—for on the same day, or the following morning, having well considered the matter, he had an interview with the acting Secretary of the Hongkong Law Society, aud stated to him that he dis- sented, for many reasous, from the petition ; that some of the points were good, but that if the statements therein could not be proved, it would mili- tate much against them. That he also expressed his dissent to two of the profession. That the letter to the Attorney-General, dated 26th June, had reference generally to the above interview. That with regard to the state- ments made by the Attorney-General in Council, he could offer no remarks, as he was not present, nor had he been informed of them. As to the address of Mr. Parsons to the Council,—that he (Mr. Turner) was not aware that gentléman was deputed by the Law Society to protect the interests of the profession, or that there was a meeting called for that special purpose.” Read a letter, of the 9th July, from Mr. Stace, stating, with reference to the letters from Messrs. Turner and Hazeland, read at the last meeting of Couneil,— That all the members of the Hongkong Law Society concurred in selecting Mr. Parsons to address the Council in support of the prayer of their petition.— That Mr. Turner promised to accompany Mr. Parsons and himself to the Council room, but afterwards deputed Mr. Hazeland to attend in his stead, who” (Mr. Stace remarks) ‘‘ made no disavowal at the time.”* (4.) Draft letter, of this date from the acting Colonial Secretary to Mr. Cooper Turner, acknowledging his letter of the 10th instant, and forwarding for his explanation copy of Mr. Stace’s letter of the 9th instant above re- ferred to. (5.) Letter from Mr. Douglas Lapraik to the Clerk of Councils, forwarding an original communication from Mr. Parsons to himself, dated the 24th March, 1858, on the subject of his bill of costs and allocatur as attorney for Chinkoo,—wherein Mr. Parsons states that Magisterial business is no matter of taxation; that be informed Chinkoo that his charge was $25 a day for attending, and that he agreed to those terms.-—That, as there were many days in which nothing was done, he had charged only $15 on those days.” — ‘The Gov. ernor’s : : remarks After the reading of the above correspondence and in refer- tyon the ence to the last-quoted letter, the Governor remarked upon the ee necessity of checking the practice still going on of such enorm- imposed ‘ ; 5 ‘hj ree upon the ous charges being imposed upon the Chinese; and, on the hire * All this correspondence will be found set out in The Daily Press of the 20th July, 1858 ; see also The Government Gazette, of the 9th October, 1858, 494 Chap. XXIL 1858. Resolution on motion of Chief Justice that Chinese be notified in Govern- ment Gazette that bills of costs are taxable. Mr. Anstcy and Ordi- nance No. 13 of 1856, Ordinance No, 12 of 1858 ‘for Practitioners in Law’ passed. The outcome. Mr. Anstey renews his application for Police protection. HISTORY OF THE LAWS, ETC., OF HONGKONG. motion of the Chief Justice, it was resolved, that a notification in the Chinese language be published in The Government Ga- zette, announcing to the Chinese that bills of costs are taxable by the Registrar of the Supreme Court as Taxing Master, and that they should apply to him when necessary.* The Attorney-General then inquired whether the Secretary of State, in his despatch conveying the recent confirmation of Ordinance No. 13 of 1856 [An Ordinance for the admission of candidates to the rolls of practitioners in the Supreme Court and for the taxation of costs], had made any remarks on his report of the 8th February last, upon the operation of the said Ordinance,—the inference from this question therefore being that the Government had adopted the course of not commu- nicating to Mr. Anstey the views of the Home Government as regards the Ordinances passed by the Legislature, and which, it will be remembered, had been the cause of an unpleasant scene between Mr. Anstey and Dr. Bridges in open Court in May, 1857.4 The Governor stated that Lord Stanley had made no remarks on such report. His Lordship only referred to certain doubts entertained by his predecessor, but had thought proper to allow the Ordinance without any change. The Ordinance “ for Prac- titioners in Law” was then passed and numbered 12 of 1858. This enactment was neither more nor less than an Ordinance to empower barristers to act as attorneys. The barrister relin- quished none of the privileges except that of being heard in Court, in the event of a case coming to trial.[. With the pass- ing of this Ordinance, ended another of those stirring episodes for which the year 1858 will ever stand out so prominently in the annals of Hongkong. § Whilst the inquiry into the amalgamation question was being held by the Council and a Commission actually sitting upon the charges, hereinafter referred to, which he had brought against Mr. Caldwell, the Registrar-General, Mr. Anstey renewed his application, of February last, to the Governor for a policeman for his special protection.|| * No such Notification appears to have ever been published. ~ Anté Chap. XVIM., p. 482. {~ With.reference to the conduct of Mr. Parsons, in particular, regarding this matter, at amecting of the Legislative Council on the 4th October, the Clerk of Councils read a letter from Messrs, Cooper Turner and Hazeland, repudiating Mr. Parsons’ opposition to the Ordinance amalgamating the branches of the legal professions, following which a. let- ter from Mr. Parsons was read denying that he had been ordered (as was stated in the proceedings of the Legislative Council published in Zhe Government Gazette of the 9th October) to quit the bar of the Council room, Following this came a letter from Mr. I. Woods, complaining that upon the above occasion Mr. Parsons had. placed an improper construction upon a conversation that had occurred between them. See further as to Mr. Parsons, Chap. XXXL, injri. § Upon the subject of the two professions, sec further Vol. 11., Chaps, XXXVIL, XXXVIIL, XLIX., LVIII. J] See anté Chap. xXx. § 11, p. 165, CONDITION OF AFFAIRS IN HONGKONG. 495 On the 18th June the Governor caused Mr. Anstey to be Chap. XXII. informed that “he could not allow a special policeman to the Attorney-General on the ground of his occupying a solitary house, with which the Government had nothing to do, but the Police may be instructed to do what they were able in the distri- bution of their force.” Dissatisfied with this reply, Mr. Anstey addressed the Secretary of State, as he feared the attacks of the Chinese, going into extraneous remarks and concluding with the remark that ‘‘ Mr. Caldwell, the Registrar-General, had two Police Constables told off every night for night duty at his house, besides a third who had leave to sleep on his premises.” On the 12th July, 1858, the Standing Rules and Orders for the Legislative Council were published,* the Standing Rules and Orders of the 7th March of the present year being rescinded. On the same day the Attorney-General in the Legislative Council signified his intention of opposing such portion of the expenditure as related to the establishment of the Registrar- General, as he considered it a sinecure office. _.The pawnbrokers, considering that the licences demanded of them were of too exorbitant a rate, decided to close their shops. After this they proceeded to take down their signboards as a sign of determination on their part to oppose the Government, in which, however, there is nothing to show that they proved successful, The authorities having received information that increased watchfulness on. the part of the public was necessary, the Superintendent of Police, Mr. May, by direction, on the 24th July, having regard especially to what had recently happened to Mr. Hazeland,f notified that great caution was necessary in walking or riding far away from the town unarmed or alone, and that night passes heretofore issued to Chinese to be in the public streets up to nine, would for the future be valid in effect only to eight o’clock. The inhabitants of the Colony were now thrown into a fervent state of anxiety, owing to the condition of affairs prevalent consequent upon our relations with China. No work of any kind could be got done—tailors, shoemakers, carpenters, and artisans of every kind had departed from Hong- kong, and it was calculated that no less than twenty thousand persons had taken their departure from the island. Food was, moreover, at almost famine prices, and an entire stoppage was threatened of the usual supplies of provisions for the markets. Sir John Bowring had been several times approached: as to the state of things and as to the inefficiency of the Police, but he * These were in-the nature of “extracts from the Royal Instructions to the Governor of Hongkong, dated the 6th April, 1843.” + Anté Chap. XX1., p. 478, 1858, The Gov- ernor’s reply. Mr. Anstey: addresses the Secretary of State,and * alludes to the constables allowed to Mr. Cald- well, Rules and orders of the Legislative .,, Council published, Rules and orders of ~ 7th March, 1858, rescinded. Mr. Anstey states in the Legislative Council that the Registrar- General’s office is a sinecure. Pawnbrokers attempt a clemonstra- tion, considering their licences exorbitant, Police warning as to increased watchful- ness by residents necessary, Caution as to walking or residing far away from town. Night passes, Tours reduced. Condition of affairs in Hongkong consequent upon relations with China, 496 HISTORY OF THE LAWS, ETC., OF HONGKONG. Chap. Xx1Lhad done nothing. It was no wonder therefore that as a first 1858, Police inefficiency. The residents memorialize the Governor and ask for prompt remedy. The Straits Guardian on the condition of the Police Force. The memo- rial of the community. measure the community decided to memorialize him upon the subject. The inefficiency and condition of the Poliee Force, it may be added, had also been represented outside the Colony. A local correspondent of The Straits Guardian, in a letter to that paper dated the 27th February, 1858, had thus previously expressed what he termed ‘the unanimous verdict of the inhabitants of Hongkong” in the matter. He said :— , “ Until the middle of last year, the clothes of the men were for the most part ragged, greasy, aud patched ; many had the legs of the trowsers so short that the whole of the ankles were visible ; some wore boots.in one of which they could have put both legs ; it thus became a heavy labour to carry them, and to run in them was quite out of the question ; their boots, moreover, were old and shabby, the toes or heels of the men protruding through the leather, and as for polish, ‘it was nobody’s business to look after that.” The men made as much noise walking in these boots as a troop of cavalry would in going over the same rocky ground. So much for their dresses, As for the ‘superior class.” Of the one hundred and fifty or one hundred and sixty Por- tuguese and India men, about twenty-five or thirty were natives of Goa or Macao; the others were and are now all discharged Bengal seamen, for, the most part totally unfit for any service, as is evidenced by the hospital reports. And to crown the whole a Mr. May is at the head of that ‘respectable’ squad,—a man who has been upwards of twelve years at its head, without being able to address any of his subordinates in his now language ; in fact, he camot speak a word of any other language but English ; the inefficiency of the force speaks volumes against his capacity aud ability. His father was the most noted of the London superintendents,* but the sn sreose..eseceee We have little to say with respect to the European portion of the Hong- kong force. There are thirty-two Europeans ; their pay amounts from $14 to $20 amonth. They cannot spexk to their subordinates but in broken and barbarous English, for anything better would be quite unintelligible to the men.” It does not appear this time, as in the case of a former anony- mous letter in The Straits Guardian, that Mr. Murrow was accused of being the writer.} The, following was the memorial of the community “alluded to above, relating to the condition of affairs in the Colony and ‘the rane Rte state of the Police Force under the cireum- stances ”” Hongkong, 29th July, 1858. Sir,—It cannot but be well known to Your Excellency that during the past week or two, vast numbers of Chinese residents, including shopkeepers, traders, domestic servants, and the labouring population, have taken their departure from this Colony ; and the movement of whieh this is only one symptom, appears to us of so serious a nature that we feel urgently called upon to solicit the prompt application of some remedy to it on the part of the Colonial Government. Ii is sufficiently notorious that this flight from the island is occasioned by menacing notices, issued by, or through the instigation of the Shunkum,—an * See Vol. 11., Chap, UXXx. + See anté Chap. X1x., p. H7. HOSTILITIES WITH CHINA AND HONGKONG AFFAIRS. 497 association of gentry professing to represent the population of the Kwang- Chap, XXII, tung Prevince, but believed to be guided by a knot of leaders at or neat Canton. 188s IO. Whether this self-constituted authority has of late acquired greater influ- ence than formerly, or whether its menaces upon the present occasion are of a more intimidating character than usual, it seems certain that its orders are like- ly to be much more universally and implicitly obeyed than on any previous oc- casion of a similar nature in the history of the Colony. We are assured, and have the best reason to believe, that within a very few days from this time, if the movement is not adequately checked, nearly every Chinese from the neighbouring distriets now in the employment of foreigners will be com- pelled to return to his home, thereby oceasioning the greatest personal inconvenience to every individual of the community, and completely para- lyzing all the ordinary operations of intercourse and daily life. We are threatened, moreover, with an entire stoppage of the usnal supplies of goods, which are derived from various points of the mainland, constituting, in fact, the whole provision of our markets. From a very partial application of the measure up to the present time, the price of provisions has risen enormously, to the serious detriment of the inhabitants, both natives and foreigners ; and we feel perfectly persuaded that these threats are of no empty character, but both as respects the departure of our servants, and the stoppage of our sup- plies, will be rigorously carried into effect. We are apprised through the persotial communications some of us have had with Your Excellency, that your hands are to a certain extent tied, as respects measures of any nature to be taken against Chinese other than residents in the Colony. At the same time we feel satisfied, that strictly local measures are wholly inadequate to meet the existing emergency, when the bold front of resistance that has of late been displayed to the Allied occupation of Canton is now extended into aggressive acts against this Colony, and indeed against foreigners wherever they are to be found, as in the neighbouring neutral settlement of Macao. The proper regulation of this, and all other kindred matters, undoubtedly rests with the supreme authority in the person of Her Majesty’s High Com- missioner, the Earl of Elgin and Kincardine; in whose absence, we would most earnestly press it upon Your Excellency’s consideration, that this is one of those extreme oceasions in which the local representatives of Her Majesty’s Government are imperatively called upon to exercise an unusual responsibility in order to provide for the general welfare and safety. A strong additional inducement for resolute interference, lies in the moral effect that a policy of simple inaction would produce in the miads of the Chi- nese resident here. If the present movement is allowed to pursue its conrse unprevented, we shall be exposed to a repetition of the evils now complained of, on every occasion when real or fancied offence may be given to the gentry of the neighbouring province, or the faction they represent ; so that the Chinese will lose all confidence in the rigour of our rule, when they see us helpless to protect them from the arbitrary mandates of their own countrymen, simply because these are not issued within the bounds of the Colony. We have been in communication with Chinese of respectability and influ- ence, who can have no motive to deceive us in such cireumstancés as now exist ; and we are led to believe from their representations, that the panic in which they must unwillingly participate might to a great extent be allayed were a stringent Proclamation issued by Your Excellency without a moment’s delay, stating, that if the present exodus of the Chinese population continue, (more especially in the ease of those whe have contracted engagements by entering the service of foreigners,) and if the slightest atiempt be made to prevent market boats plying as usual and bringing the regular supplies of provisions to the island, an armed expedition will be forthwith despatched to 498 Chap. XXII, 1858, The reply of the Governor as to measures taken for the protection of the Colony, HISTORY OF THE LAWS, ETC., OF HONGKONG. take retaliatory measures against the offending districts, and more particularly. against those of Heang-shan and Sun-on, with the view of destroying these places, and if need be “the surrounding villages. Tn the belief that tlh best effects would attend the announcement of a prompt measure of this nature, we earnestly -hope that the emergency will appear to Your Excellency aHRISIEREY grave to warrant its being at once undertaken. We trust Your Excellency will obtain the willing co-operation of “the Naval and Military anthorities in a matter of so much moment, and we: will readily afford to Your Excellency any support which it may be i in our power to give at this critical juncture. In conclusion, we beg to draw Your Excellency’s attention to the inade- quate state of the Police Force under the existing circumstances ; and we would further point out to Your Exeelleacy the fact of numerous hongs and houses being untenanted, and which, unless‘daily visited, might be the means of affording | shelter to evil-doers. a We lave the hanoue to be, Sir, your most obedient servants, (Signed) Jardine, Matheson, & Co.; Dent & Co.; Lindsay & Co.; Flet- cher & Co.; Gilman & Co.; P. Campbell, Manager, Oriental Bank Corporation ; Neave, Murray, & Co., 2 liquidation ; John Costerton, Manager, Mercantile Bank Corporation ; Gibb, Livingston, & Co.; per pro. Blenkin, Rawson, & Co., Fred. W. Goss ; ; for Birley & Co., Fred. T. Smith ; Henry Turner, Manager Agra and U. 8S. Bank; Lane, Crawford, & Co.; Henry Kingsmill, BA. 3 per pro. Phillips, Moore, & Co., P. Cohen ; G. Harper & Co. ; ; Benjamin Seare ; David SORA Sons & Co. ; P.& DN. Camajee & Co,; R. H. Camajee & ; Van der Hoeven & Kup; P. F. Cama & Co. ; A. L, Agaheg, - ; Sie Gibson ; Walter Toms ; ; N. Duus; John Rickett ; J. Wil- liams ; Ednljee, ’Framjee, Sons & Co.; D, N. Mody & Co.; A. Shortrede & Co. ; Sorabjee Hurjeebhoy ; M. Pestonjee ; D. Lapraik; Bowra & Co., per W. H.; G. H. Heaton; D. W. MacKenzie & Co.; Alfred Wilkinson; H. Dnddell ; F. Woods; Ambrose Parsons ; Framjee, Byramjee, Metta & Co. ; "J.B. Watson ; ; B. Kenny; Turner & Co.; R. S. Langrana ; E. Soomon, per B. 8. L.; Holliday, Wise, & Co. ; William Tarrant 3 ; McEwen & Co. His Excellency Sir Joun Bowntne, LL.p., ete., ete., ete, On the 30th J uly the memorialists received the following reply :-— Corontat SecreTary’s Orrice,' Victoria, Honexona, 30th July, 1858. Gentlemen,—His Excellency the Governor ‘has received your communiea- tion dated yesterday on the subject of the injuries inflicted on this Colony by the hostile action of the Chinese, and representing the urgent necessity of prompt and decisive measures for the protection of ‘the Colony’ against pro- ceedings threatening to its perce and prosperity. Sir John Bowring will not fail to give the earliest and most serions atten- tion to representations so emphatiealls y maile, and’so respectably and nimer- ously supported, especially as these representations are in accordance with his knowledge of facts, and in general concurrence with his own opinions, | TREATY OF PEACE WITH CHINA, 499 But the diplomatic powers of the Governor are wholly suspended until the Chap, XXIL. mission of His Excellency the Earl of Elgin shall have terminated all exist- ing questions and differences with. the Chinese authorities. He has received no official communication from His Lordship authorizing him to resume them —while any hostile action against the Chinese people or territory can only be justified by the gravest necessity, _ The Government of the Colony, and. the needful measures for its security, are no doubt committed to. its Supreme Authority, and Sir John Bowring: has, without delay, summoned the members of the Executive Council, and invited the presence-of the Senior Officers of the Naval aud Military services, to discuss what steps should be taken in the preseut exigency. A Proclamation has been prepared and will be immediately issued in Chi- nese and Inglish, of which I have the honour to forward a copy. The Senior Naval Officer has engaged to send the Chinese translations to Heangshan and Sun-on, and His Excellency will take care that it is also forwarded to the Allied Commandants in Canton, for communication to the Imperial Commissioner IIwang, and to such other persons as they may deem necessary. Meanwhile Sir John Bowring ventures to hope for the early arri- yal of Her Majesty’s Ambassador and the Naval Commander-in-Chief, uot doubting that they will relieve him from his grave respousibilities by the adoption of prompt and energetic action against the reckless: disturbers of the public peace. . As regards local arrangements, instructions have been given to the Police to exercise the utmost watehfulness. The time at which Chinamen with- out passes are allowed to be in the streets has been limited to 8 o’clock p.m.; and Military Patrols have for several nights paraded the populous parts of the city, and will continue to do so. ; The attention of the Police is especially called to the necessity of watch: ing those unoccupied houses which might prove lurking-places to evil-doers ; and His Excellency ventures confidently to hope that, with the friendly co- operation of Her Majesty’s subjects, and. the adoption on their part of such precautions as are demanded by prudence and foresight, our present disquiets and difficulties will be succeeded by the establishment of the public peace, and the extension of the public prosperity.—I have, ete., (Signed) W. T. Bripees, Acting Colonial Secretary. A copy of the proclamation mentioned in the foregving letter, announcing the restoration of peace between Hnvland and China and requiring obedience to the law and good beha- viour on the part of the Chinese inhabitants, is given hereunder, the same being published in The Government Gazette of the 31st July :-— PROCLAMATION. Joun Bownina. Peace has been happily established between the Qneeu of Great Britain and the Emperor of China. The solemn Treaty was signed at Tientsin on the 8rd July, by High Commissioners for that purpose appointed. It is the duty of all good subjects reverently und obediently to give effect to the engagements entered into by their respective Sovereigns, and most especially so when those engagemeuts proclaim amity, harmony, aud good- will, 1858. Proclania- tion announcing Treaty of Veace between England and China and requir- ing obedience to law and good behaviour on the part of the Chinese inhabitants, 500 Chap. XXII, 1858, HISTORY OF THE LAWS, ETC., UF HONGKONG. Jn this Colony great numbers of Chinese are settled, They have taken uo part in any hostilities, but have pursued their avoeations in peace and due submission to the laws; many of them have been engaged in the service of Her Majesty’s subjects, have contracted engagements with them, and are entitled to the protection and friendship of the British authorities. But, in disregard of the obligations of Treaties, and of the Will of His Im- perial Majesty, menacing Proclamations and Orders have been issued, com- pelling the peaceful residents of this Colony to quit their abodes,—to violate their obligations,—to neglect their duties,—and to flee to the mainland of China ; and these menaces have proceeded principally from the districts of Heang-shan and Sun-on. Now, be it known to those who have issued, or who shall seek to give effect to such menaces, and especially to the authorities and gentry of Heang- shan and Sun-on, that these acts of hostility caunot be tolerated by me ; and that, unless the Proclamations and Orders, compelling the Chinese people to leave this Colony, be immediately withdrawn, and the people who have left the Colony allowed without delay to return to their business, and to the ser- vice of those with whom they have been engaged, the places and persons to which these hostile acts are traceable will render themselves liable to signal punishment. Moreover, attempts have been made to stop the supply of provisions to this Colony ; and itis hereby proclaimed, that every person who shall arrest the safe and regular transport of articles intended for the markets of Hongkong, does, by such act, declare himself an enemy of Great Britain, and a lawless subject of the Emperor of China, and will be severely visited for his offence. Let, therefore, the disturbers of the public peace take warning,—and the well-disposed rely on the protection which this Government is willing and able to afford. Given at Victoria, Hongkong, this 30th day of July, 1858. By His Excellency’s command, W. T. BrivceEs, Acting Colonial Secretary. Gop Save THE QUEEN. 501 CHAPTER XXIII. 1858. ' Neglect of the authorities to inquire into charges brought by the Attorney-General against Mr, Caldwell.—Sharp debate in Legislative Council affecting the Registrar-General’s cha- racter.— Mr. Anstey’s resignation as a Justice of the Peace, on account of his declining to sit with Mr. Caldwell.—Mr. Anstey’s reasons.—Mr. Anstey addresses the Secretary of State upon the subject. The Governor declines to accept Mr. Anstey’s resiynation as J.-¥., and asks him to reduce his charges to writing.—Mr, Anstcy’s reply.—Sir John Bowring asks the Justices to inquire.-—The Justices refuse to interfere.—A Committee appointed.— Mutual recriminations.—Sir John Bowring asks Secretary of State to await result of investigation on Mr. Anstcy’s ex parte statements.—Alludes to Mr. Anstey’s ‘restless nature.’—-The Commission issued.—The Warrant of Commission.—The list of charges against Mr. Caldwell. —The inquiry public.—Disgraceful scone between Mr. Anstey and Dr. Bridges.—Dr. Bridges’ attack upon Mr. Anstey.—Mr. Anstey’s revelations regarding zelationship between Sir John Bowring and Dr. Bridges.—Sir John Bowring refers in the Legislative Council to his privileged communications with Mr, Anstey.—The report of the Commission.—Some of the facts proved.—Mr. Caldwell’s appointment as a J. P. deemed injudicions.—Dr. Bridges’ acuteness consequent upon Mr. Anstey’s relations with the Government.—Mr. Mercer obtaining an extension of leave, Dr. Bridges wishes ‘to resume the practice of his profession."—Thé Governor's reply.—Sir John Bowring informs the Secretary of State Mr. Mercer’s prolonged absence causes him much perplexity.—The Secretary of State’s acknowledgment of Dr. Bridges’ services.—No expression of regret at resignation.— Report of the Commission forwarded to Mr. Anstey. —Mr, Anstey informed unless his defence jis satisfactory, he will be suspended.—Mr, Anstey protests against the charges against Mr. Caldwell being called his charges, and asks for a copy of the evidence.—The report of the Commissioners attacked by the Press. —Mr. Anstcy’s answer.—Mr. Anstey informed that Executive Council would consider advi- sability of suspending him.—Mr. Anstey forwards further memoranda to Dr. Bridges, asking for a fair trial—The Executive Council decide to suspend Mr. Anstey.—Mr. Anstey’s suspension anticipated.—Applications for the vacancy had already reached the Government.— Mr. Anstey suspended from office and removed from the Commission of the Peace. Mr. Day appointed Acting Attorncy-Gencral,—Mr. Anstcy memorializes the Secretary of State—His attack upon Colonel Caine.—The Sccrctary of State informed of Mr. Anstey’s suspension and of Mr. Day’s appointment as acting Attorney-General. Sir John Bowring also recommends Dr. Bridges for the Attorney-Generalship.—Sir John Bowring’s despatch reporting the suspension of Mr. Anstey.—‘Insubordination to his authority and disrespect to his station and years.” —[he Bishop of Victoria takes a charitable view of Sir John Bowring.—Sir John Bowring as belonging “ to an unsatis- factory political and religious school.” “Tue Attorney-General had several months ago brought some very serious charges against Mr. Caldwell, the Registrar-Gene- ral, which the local Government neglected to investigate. On the 10th May there was a sharp debate in the Legislative Council, in which the charges were brought up as affecting the Registrar-General’s character. On the 13th the Attorney-General forwarded his resignation to the Governor as a Justice of the Peace, as he declined to sit on the same Bench with a person against whom these charges had been made, but whose word of denial was considered suffi- cient to meet and answer them. Mr. Anstey said he “ founded Chap, XXIII, Neglect of the authorities to inquire into charges brought by the Attorney- General against Mr, Caldwell. Sharp debate in Legisla-- tive Council affecting the Registrar- General’s character, Mr. Anstey’s resignation 502 Chap. XXIIL 1858. as a Justice of the Peace declining to sit with Mr. Cald- well, Mr, Anstey’s reasons, Mr. Anstey addresses the Secretary of State ~ upon the subject, The Governor declines to accept Mr, Anstey’s resignation as J. P., and asks him to reduce his charges to writing. Mr. Anstey’s reply, Sir John Bowring asks the Justices to inquire. The Justices refuse to interfere, A Committee appointed, Mutual recrimina- tions. Sir Jol Bowring asks Secretary of State to await result of investiga- tion on Mr. Anstey's ee parte statements, Alludes to Mr. Anstey’s “restless nature,’ The Commis- sion issued, HISTORY OF THE LAWS, ETC., OF HONGKONG. his reasons not so much upon the antecedents of Mr. Caldwell’s life passed among Chinese outlaws and pirates, nor upon his alliance by means of his wife-—a Chinese girl from a brothel,— with some of the worst Chinese in the Colony,” but on the fact that he considered him unworthy of the position he held owing to his long connexion with the notorious pirate and informer Ma Chow Wong,* and “as a speculator in brothels and brothel licences.” Mr. Anstey at the same time addressed the Secretary of State upon the subject, supplying the Governor at the same time with a copy of his letter. On the 14th May, the Attorney-General’s letter was answered. In this answer the Governor declined to accept Mr. Anstey’s resignation, and called upon him to reduce his charges into writing. A reply was sent stating that he, Mr. Anstey, refused to act as a Justice of the Peace ; that, as for giving the charges in writing, he had done so more than once when they had been passed in silence ; and that he should therefore decline allowing any more of his written charges to run the’ same chance of neglect. Sir John Bowring thereupon summoned together the Justices, to inquire into the charges, as affecting the character of the Bench ; but, on the motion being put to them at the meeting, the Magistrates by a majority determined not to interfere in the matter, considering that the investigation lay entirely with the Government. Nothing was left but for the Council to appoint a Committee to inquire into the charges. The mutual recrimi- nations in which the heads of departments were indulging at this period were scandalous in the extreme; disgraceful to the service, and detrimental to the Colony. Sir John Bowring, in alluding to the letter addressed directly to Lord Stanley by Mr. Anstey, asked His Lordship, on the 18th May, “to wait the result of the investigation before coming to a decision on Mr, Anstey’s ez parte statements,” and he added “TI cannot, however, refrain from mentioning that since Mr. Anstey’s arrival in the Colony (with the exception of the periods of his absence therefrom) there has been little peace. Mr. Anstey’s restless nature has caused infinite annoyance to the Government, and the cases referred Home (though sufti- ciently characteristic) are but a few of those with which I have had the disagreeable duty to deal.” . On the 20th May the Government issued a Commission con- sisting of Mr. Cleverly, the Surveyor-General, Mr. Davies, Chief * Ante Chap. XIX., pp. 14-147, INQUIRY INTO CHARGES .AGAINST MR. CALDWELL. 503 Magistrate, and Messrs. Lyall, Fletcher, and Scarth, Justices of chap. XXIII, the Peace, to inquire into the charges miade by the Attorney- 435s General against the Registrar-General. >: , The following is a copy of the Commission, together with a The Warrant list of the charges preferred against Mr. Caldwell drawn up by °{0o™™* the Governnient, but in regard to which Mr, Anstey positively declined any responsibility and ‘emphatically demurred, as will be. seen hereafter, as to their being in any sense Ais charges :— WARRANT OF COMMISSION. Whereas certain charges have been brought in the Legislative Council and in official documents by the Honourable Thomas Chisholm Anstey, Esquire, Attorney-General, against Daniel. Richard Caldwell, Esquire, Registrar- General, which necessitate an inquiry into the truth of such charges ; and whereas such inquiry will be most conveniently and expeditiously prosecuted by means of a joint Commission of officers of the Government, and Justices of the Peace ; now, thereforé, know ye, that I, Sir John Bowring, Knight, LL.D., Governor ‘and Commander-in-Chief of the Colony of Hongkong, and its Dependencies, and Vice-Admiral of the same, do hereby under my hand and the Seal of the said Colony, appoint you, the Honourable Charles St. George Cleverly, Esquire, Surveyor-General of the said Colony, the Honour- able. Henry Tudor Davies, Esquire, Chief Magistrate for the said Colony, the Honourable George Lyall, Esquire, Angus Fletcher, Esquire, and John Scarth, Esquire, Justices of the Peace for the said Colony ; or any three of you, to be a Commission for instituting and prosecuting all needful and pro- per inquiries into the truth or otherwise of. the under-written charges, which embrace the accusations made by the Attorney-General against the Registrar- General ; and to take evidence, but not upon oath, in the premises ; and to report to me all evidence so taken by you, and also your opinions thereon. And I do,hereby require you to commence your said inquiries forthwith, and to proceed therein continuously, and to make your report to me as aforesaid with all reasonable despatch. And I do hereby’ empower you, during the course and for the purposes of your said Commission, to obtain at the expense of the Government such professional or other assistance as you may deem necessary, and to demand and obtain access, at all times, to all and all manner of papers, records, and documents, relating to the subject matter of the said Commission, and in the eustody or under the control of the several public departments, within this Colony, and from’ time to time to call before you and examine all persons superintending or employed in or under any of the said departments. And I do hereby charge all persons in the Public Service to be aiding and assisting unto. you herein. Given under my hand and under the Seal of the Colony of Hongkong, at Victoria, in the said Colony, this twentieth day of May, A.D., one thousand eight hundred and fifty-eight. (Signed) Joun Bownine. : The list of charges, as alleged to have been preferred by Mr. The tist of Anstey against Mr. Caldwell, was the following :— ae ae LIST OF CHARGES Caldwell. Preferred by the Attorney-General to the Government against the Registrar-Ceneral. 1.—With being unfit to be a Justice of the Peace. 2,--With having a scandalous 'connexion with a brothel licensed by him- self, namely, Brothel No. 48, 504 Chap. XXIII. 1858, The inquiry public. Disgraceful scene between Mr, Anstey and Dr, Bridges. Dr. Bridges’ attack upon Mr. Anstey. HISTORY OF THE LAWS, ETC., OF HONGKONG. 3.—With having passed a portion of his life among Chinese outlaws. and pirates, ° a 4,—With an alliance with some of the-worst Chinese in this Colony through his wife—a Chinese girl from a brothel. 5.—With being a speculator in brothels and brothel licences. 6.—With being long and intimately connected with Ma Chow Wong ; and that that connexion is still subsisting ; and that the principal link in, that conuexion is the bond of affinity by adoption according to Chinese law. 7.—With being in the habit, on Ma Chow Wong’s unsupported information, of arresting and discharging persons, and of confiscating or restoring property. 8.—That the Chinese dare not now complain of the connivances and pro- curements of Mr. Caldwell, the patron of the outlaw Ma Chow Wong. 9.—With having procnred bail for Ma Chow Wong; such bail being a servant of his own (Mr. Caldwell’s), who had been but a month before in prison for debt. 10.—With audaciously denying that the books and papers of the pirate’s hong contain any evidence of Ma Chow Wong’s guilt, with having deceived the Executive Council in the inquiry had relative to Ma Chow Wong, and with being convicted of falsehood by Mr. May.* 11.--With being partner with Ma Chow Wong in a lorcha, and that there were entries in Ma Chow Wong’s books, and made by him, of moneys paid to Mr. Caldwell on account or out of the produce of plunder made at sea.* 12.—With harbouring Ma Chow Wong's wife after liis conviction. ’ 13.—With inducing the Attorney-General at the beginning of 1857, to order the release of a great number of men, who Mr. May knows to have been pirates, and who Mr. Caldwell ought to have known at the time were pirates, 14.—With buying land in the Colony since December last, when he became licenser of brothels. Zs 15.—With having once owned three unlincensed Hongkong. brothels. at a time. 16.—With having a Chinese sister-in-law by blood or usage, who in 1856- 57 was keeping brothels. ay “17.—With receiving the monthly rack rentals of houses, and in particular of « brothel standing on 11 Crown lots, down to the present month of May. 18.—With having informed Mr. May, that he, Mr. Caldwell, was a mem- ber of a Secret Society. 19.—-With having informed Mr. May, that although he would not himself take bribes, he would not object to his wife doing so. The Commission held its first sittings on Thursday, the 27th May, this and subsequent meetings being open to the public: Atthe meeting of the Ist July a disgraceful scene occurred between Mr. Anstey and Dr. Bridges, when both hap- pened to be present. The charge of malpractices, having become extended, came to be applied to Dr. Bridges, during the period he fulfilled the duties of Attorney-General. Dr. ee was called upon to give his evidence, but, instead of doing so, he made an attack upon Mr. Anstey, not for the commission of any : * See anté Chap. X1xX., p. 446, . REVELATIONS RESPECTING DR. BRIDGES. 505 malpractices, but for harassing and slandering him. Dr. Chap. XxII1. Bridges upon this occasion threw the first stone, and used lan- yg58, guage that seemed meant to provoke blows. In vain the Chair- man tried to stop him,-—the attempt todo so was like adding oil to the flame. The result was as might have been anticipated. Mr. Anstey retorted most effectively, not contining himself to any differences between Dr. Bridges and himself, but proceeding with the business before the meeting by stating what the mal- practices were with which the former was charged. Mr. Anstey made the most astounding revelations yet heard of regarding Mr. Anstey's : : : earaunne lation: the relationship which had existed between the Governor and tegarding Dr. Bridges. This is what he said, taken verbatim :— relationship ’ between Sir John “In the face of the menace which Dr. Bridges in the Governor’s name has Bowring and held out of some official inquiry to begin when this Commission has ended Dn. Bridges: its own, I will state generally what the malpractices were which were imputed by the Governor to Dr. Bridges, and which, or some of which, I restated to Mr. Mercer at the time. The Governor said he was never able to obtain an unbiassed epinion from Dr. Bridges, by reason of his being mixed up with a great quantity of local business ; that there was a strange and illicit conne- xion between him and the Chinese community ; that he used it to the great discredit of his office by every kind of extortion of an usurious character, he being an extensive money-lender amongst that people ; that the house where he lived and had his office, and conducted the business of the acting Attor- ney-General was full of opium and other kinds of merchandise not belonging to himself, but deposited with him by their Chinese owners in pawn ; that he obtained, and through his position, I understood, much higher interest than they could honestly pay ; the maximum was so ridiculously incredible, except on the supposition of the goods being stolen goods, that I forbear to mention it; and he said that it was a seandal to the neighbourhood to see how the pawned goods came in and went out through the lower apartments of the house, as I understood. He further said, that the very moment of Dr. Bridges’ departure from the Colony was the signal for all manner of com- plaiuts, impeaching Dr. Bridges’s conduct in office and otherwise, and privately made to the Governor, of which the latter had never before had any notice. Finally, His Excellency said that he deeply regretted he had been weak enough to give some strong certificate in the shape of a letter of credentials, which Dr. Bridges had taken away with him;* but he said that he had been very careful to confine it to his ability asa lawyer; and that he had explained in the proper quarter that, by lawyer, he did not mean an interna- tional Iawyer.f These were only some of the many things which I was very much pained to hear from him; but J remember well that so grave were his professions of distrust, that he went on to say, ‘“‘ He can do youno harm, for he shall never again hold office in this Colony ;” he repeated that on several oceasions afterwards. I remember Mr. Mercer telling me soon afterwards that the Governor had made him very angry one morning, by opening the question of Dr. Bridges to him, and to the effect that he, the Governor, was in the babit of hearing such awful disclosures about Dr. Bridges’s misconduct and that he did not know what to think.” i * This must have been when Dr. Bridges hurriedly relinquished the acting Attorney- Generalship to proceed to England to urge his claims—see anté. Chap. XVI. § I1., p. 369, + Probably this was in allusion to the Arrow incident which formed the subject of discussion in Parliament and in reference to which Dr. Bridges had been consulted when acting Attorney-General—see anté Chap. XVIII., p. 431. See also his opinion as to the Chinese being beyond the pale of civilized nations repudiated—anté Chap. XVI. § IL, p. 377, 506 Chap, XXII, 185°, Sir John Bowring refers in the Legislative Council to his privileged communica- tions with Mr. Anstey. Some of the facts proved. Mr. Cald- well's appointment asa J. 0. deemed injudicious, The report of the Commission, TSTORY OF THE LAWS, ETC., OF HONGKONG. Mr. Anstey continuing said :— “JT yemember Mr. Mercer telling me that he took up the Governor roundly and said ‘yes, 1 know that Dr. Bridges’s enemies are trying to destroy him, now that his back is turned,* but every one of them will live to see his mis- take,’ or words to that effect. I think that occasion led to my mentioning to Mr. Mereer, in some way general or particular, the nature of the charges which I had heard against Dr. Bridges, and he assured me that they were false, adding these words which make me remember it—‘ We were at Oxford together, but I am not blinded by my friendship for him. I know his faults. He is no beauty, but he has not done those things.’ On the other hand, I found a very strong impression in other quarters that the Governor’s statements were not ill-founded, and twice during that spring I had to repel the advances of Chinamen offering me bribes, if I would assist their friends in prison.”f In what humour Sir John Bowring must have heard of these disclosures and Dr. Bridges received them, especially in his relations with the former, may be better imagined than de- scribed, but that Sir John Bowring substantially may have so confided in Mr. Anstey there could be but very little doubt. Yet subsequently he allowed himself to be influenced in select- ing this very man of whom he held such an opinion to be acting Colonial Secretary ! As will be seen hereafter, on the 2nd August before the Executive Council, and on the 4th October in ‘the Legislative Council, Sir John Bowring referred to what he called his privileged but now ‘distorted’ communica- tions with Mr. Anstey.{_ The Commission having completed its labours drew up it report. It found that cight of the charges brought against Mr. Caldwell had no grounds for being brought or at all events that no proof of them had been brought forward ; that seven of the charges were unproved, but that there were grounds for bringing them ; and that four were proved, and it concluded by stating that though some facts had been proved, ‘‘it appeared to a majority of the Commission, that, although M. Caldwell’s original appointment asa Justice of the Peace may have been injudicious, they (the facts proved in the Commission’s opinion) did not necessitate so strong a measure as his removal from that office.” The following is a copy of the report dated the 17th July :— REPORT. Counci, CHAMBER, Saturday, 17th July, 1858. Sir,—We, the Members of a Commission appointed by Your Excellency, on the 20th May, 1858, to inquire into and report upon certain charges against Mr. Caldwell, the Registrar-General, having inquired into the same do now report.— That we commenced our public procecdings on the 27th May last, and have had twenty-five sittings, extending over a period of seven weeks ; that we have eximined upwards of fifty witnesses, and a vast mass of documents, * Dr. Bridges was at this time in England seeking permanent advancement. } An instance of this has already been referred to in this work—see anté Chap. XX. § 1, p. 451, "£ See Chap, XXIV. i/ri, REPORT OF COMMISSION ON CHARGES AGAINST MR. CALDWELL. 507 aud have extended our inquiries into a number of matters, some of which, Chap XXIIL irrelevant as they may now appear, were so woven into and combined with = the immediate subject of inquiry, that it was not considered safe to leave Ue them unexamined. We allowed ourselves great latitude as to the kind of evidence we admitted, and were obliged to do so particularly in the matter of hearsay evidence, though not to the extent which the Attorney-General (who sent a protest on the subject) considered justifiable or even necessary. We may observe here, that the same gentleman also forwarded a protest against the manner of taking Chinese evidence, as being in his opinion palpably favourable to Mr. Caldwell. But we now repeat, what the Chairman stated at the time of the reception of the protest, that we consider the Attorney- General’s complaint totally unfounded. We have experienced great difficulty in our labours : First, from the nature, arrangement, and wording of the charges ; some of which it appeared unneces- sary, as it certainly was most distasteful to us, to inquire into; secondly, from the reluctance of witnesses to give evidence ; and thirdly, and especially, from the refusal of the Attorney-General to act as accuser, or to recognize the charges as his charges.. Under these cirenmstances, we considered it advisable to engage the services of Mr. Day to act as examiner, parties in- terested being informed that he would receive at his Chambers any informa- tion which it was. intended to bring before the Commission, On the subject of our inquiry we report :-— That charge 2 has been satisfactorily met aud explained by Mr. Caldwell, though there existed strong prima facie grounds for bringing it. L That charge 4 is not proved, but that there wer% grounds for bringing it. That no proof whatever has been bronght forward in support of charge 5. That charge 14 is not proved as regards Mr. Caldwell himself, though it appears that Mrs. Caldwell has had transactions in and and houses for her sister since December last, when Mr. Caldwell became Licenser of Brothels ; but that there is no evidence that Mr. Caldwell had any knowledge of such transactions. That charge 15 has not been proved. That no proof has been given in support of charge 16, but that there were grounds for bringing it. That there is no proof whatever of charge 17, and that there were no suf- ficient grounds for bringing it. ; That there were no grounds whatever for bringing charges 18 and 19, That there were no grounds whatever for bringing charge 3. That with regard to charge 6, a long and intimate connexion between Mr. Caldwell and Ma Chow Wong has been proved,* but that there is uo proof of any connexion by affinity according to Chinese law or custom. That with regard to charge 7, it is proved that Mr. Caldwell has been in the habit, on Ma Chow Wong’s unsupported information, of arresting persons; but that there is no evidence as to his confiscating or restoring property. That as regards charge 8, there is no evidence of any connivances or pro- curements of Mr. Caldwell ; but that it is manifest that the Chinese are very averse to give evidence against him, That as to charge 9, it has been proved, that Mr. Caldwell aided in the acceptance of Sze-kai, his former servant, as bail for Ma Chow Wong, and that Szé-kai had been imprisoned for debt, for a few days, a short time pre- viously. ; That we think it unnecessary to make any other observation regarding charge 10, than that there is no evidence of Mr. Caldwell having deceived the Executive Council. * Sec ante Chap. XIX., pp. 445-447, 508 Chap. KXUL 1838, HISTORY OF THE LAWS, ETC., OF HONGKONG. That with reference to charge 11, a partnership with Ma Chow Wong in a lorcha is proved, and in fact admitted by Mr. Caldwell; but that there is no evidence as to payments to Mr. Caldwell out of the produce of plunder made at sea. That as to charge 12, there is no evidence whatever. That of the fact stated in charge 13, of the release of the men upon Mr. Caldwell’s representation as to their character, there is no doubt whatever; and that it appears incomprehensible how any person with Mr. Callwell’s knowledge of the Chinese language, and holding the appointment he did, could have been ignorant of the character of the boats in which the men were seized, and that one at least of these men was a notorious pirate, parti- cularly as it is in evidence that Ma Chow Wong was connected with the boats. That with regard to charge 1, it being only a matter of inference, we find in support of such inference, that a sum of money was offered by a Chinaman as a mark of gratitude to Mr. Caldwell for being instrumental in the release of a lorcha seized by pirates, in which the man’s father was; but that this money was refused by Mr. Caldwell, and on such refusal that it was offered to Mrs. Caldwell as a present for the children. A majority, however, of the Commission do not feel satisfied that Mrs. Caldwell accepted this money. It has also been proved that a Chinese female named Shaplok, who has been in frequent communication with Mr. Caldwell (and is reported, but not proved, to be a sister by Chinese usage, of Mrs. Caldwell), received from the Foo J'ai pawnshop the sum of $400, berause the sentence on a pawnbroker belonging to the said shopshad been mitigated,* as was supposed, through her influence, and that she received a further sum of $50 for her personal trouble in the matter. Further, since the commencement of this inquiry, Mr. Cald- well has, solely upon the information conveyed in an anonymous letter, that certain property had been stolen, personally, and without the assistance of the Police, searched a room in the occupation of Assow, the Police Court Interpreter, whom Mr. Caldwell knew to be about to give evidence before the Commission. Mr. Caldwell, in the opinion of the Commission, acted in this matter injudiciously, to say the least of it. Notwithstanding these facts, coupled with the circumstance of Mr. Cald- well’s connexion with so notorious a character as Ma Chow Wong, it appears to a majority of the Commission that, although Mr. Caldwell’s original appointment asa Justice of the Peace may have been injudicious, they do not necessitate so strong a measure as his removal from that office. Finally, we would state, that in the course of the inquiry it has come to our knowledge, that previous to the appointment of the Commission, certain papers connected with Ma Chow Wong’s trial, and which might have been of service to the Commission, have been destroyed; but it has been clearly proved that their destruction was ordered solely because they encumbered the Chinese Secretary’s Office, while it appeared that they were then of no value, and could not be further required. We have the honour to be, Your Excellency’s most obedient humble servants, CHAS. Sr. GEO. CLEVERLY, Chairman. H. TUDOR DAVIES. GEORGE LYALL. A. FLETCHER. JOHN SCARTII. Lo His Execllency Sir Joun Bowne, Kt. LLD., Governor of Hongkong. ge, ge, se. * See ante Chan. xx. & TT. nn. 465-400. DR. BRIDGES RESIGNS THE ACTING COLONIAL SECRETARYSHIP. 509 Knowing probably what the consequences. of Mr, Anstey’s Chap. XXIH. relations with the Government would end in, and evidently with — 4g53 an eye to the future, notwithstanding his own ‘indiscretions’ Dr. Bridges’ so prominently disclosed in the opium monopoly inquiry of 2nscauent May last,* Dr. Bridges, on learning that Mr. Mercer, the Colonial upon Mr. Secretary, had had an extension of leave, wished at once to give ae up theacting Colonial Secretaryship in order “ to resume the exer- with the | : ee pe ; ment. cise of his profession ” (sic). In other words he wished to throw ee off the shackles of his official position, now made so much more obtaining. burdensome and anomalous by his own doings, in order to *7fxtension prepare himself for that other opening when it presented itself, Dr. Bridges namely, the Attorney-Generalship.{ Accordingly, on the 21st Wishes‘, July, he wrote to Sir John Bowring and asked to be allowed prsctiag at to resign his appointment on the grounds stated above, the sof” Governor asking him in reply to continue in office for a short The Gov- time longer to give him the benefit of his aid “ until matters &"s tePy- pending before the Executive Council were concluded.” Sir John Bowring on the same day communicated with Sir sir Jobn Edward Bulwer Lytton, the Secretary of State, telling him of Dr. Barring Bridges’ resignation and that Mr. Mercer’s prolonged absence was Secretary : : oa : : Stat causing him much perplexity. In acknowledging the receipt of $f at Scer's his letter on the 7th October, Sir Edward Lytton asked Sir John ones Bowring to convey to Mr. Bridges “the acknowledgments of Geuses him Her Majesty’s Government for the very effective services which much per- he had rendered to the community of Hongkong, and the energy ee and judgment which he had displayed in discharging the duties of State's of the temporary office which he had accepted at a period of no Mknowats- ordinary difficulty.” A very hollow form, it will be admitted, Bridges’ considering the circumstances of the resignation,—and that °° us 8 : : No expres- there was no indication of regret at such resignation on the sion of trivial grounds advanced. regret at re- signation. On the 23rd July the Governor forwarded a copy of the Report of the report of the Caldwell Commission to Mr. Anstey for his consi- Pommission deration and explanations. Being of opinion that none of the Mr. Anstey. charges against Mr. Caldwell had been substantially proved and considering his behaviour before the Commissioners and his utter disregard of the respect due to the higher authorities of the Colony, by which he had caused ‘‘much public scandal,” Sir Mr. Anstey John Bowring warned Mr. Anstey that, unless his defence oye!" was satisfactory, he would consider the propriety of suspending defence is ii fi spt £ his fi tis s Att ae ] satisfactory, 1im from the exercise of his functions as orney-General. je will be That Mr. Anstey had brought this on by his own indiscretions, suspended. there can be no mistake. The correspondence being of interest, * Anté Chap. XXI1., p. 472. + He already enjoyed the right of private practice. t See his statement in the Executive Council on the suspension of Mr. Anstey on the 7th August. p. 514, infra. 510 Chap. XXII. 1858, Mr. Anstey protests against the charges against Mr. Caldwell being called his charges, and asks for a copy of the evidence. The report of the Commis- sioncrs attacked by the Press. HISTORY OF 'THE LAWS, ETC., OF HONGKONG. even at this date, is here reproduced. The following was the letter addressed to Mr. Anstey, by direction of the Governor :— Colonial Secretary’s Office, Victoria, Hongkong, 28rd July, 1858. Sir, His Excellency the Governor directs me to inform you that the report of the Commission into the charges made by you in the Legislative Council, and -subsequently in writing, against the Registrar-General, with the accom- panying documents and evidence, have been submitted to and carefully con- sidered by him. His Excellency finds that none of these charges have been substantially proved ; that many of them are reported to have been brought on insufficient grounds ; that, as regards four at least, there were no grounds whatsoever for your accusations ; and ho cannot but consider the decision of the Commissioners as to the accused retaining his position as a Justice of the Peace in any other light than as an exculpation of him. His Excellency regrets to perceive, after the many warnings which you have received, that you brought forward these charges with precipitancy, and endeavoured to support them before the Commission with intemperance, and an appearance of malignity and partiality ; and, moreover, that you were betrayed during the proceedings into introducing much vituperative and defamatory matter, in utter disregard of the respect due to the higher authorities of the Colony, causing thereby much public scandal, without in any way furthering the objects of the Commission or the promotion of the public good. The proper discharge of the functions of Crown Prosecutor and Law Adviser of the Crown nevessitates the possession of qualities in which you have proved yourself to be entirely deficient, by your inability in this matter to distinguish between real guilt and the mere effusions of private malice or common report. His Excellency desires you to furnish him in writing with such explanation or defence of your conduct as you may deem advisable, ordering me at the same time to inform you, that should such written statement not be satisfactory to him, it will be his painful but imperative duty to submit to the Executive Council the propriety of his suspending vou from the further exercise of your functions as Attorney-General. A copy of the report of the Commission is herewith forwarded to you. I have, ete., (Signed) W. T. BrivGes, Acting Colonial Secretary. The Honourable the Attorney-General, ey ete., ete., ete. The temper discernible in this letter speaks for itself. Tn reply, the next day, Mr. Anstey again protested against the charges regarding Mr. Caldwell being called his charges* (in the qualification of which, as has been seen, the Commission also were very cautious in their report) and asked for a copy of the evidence taken before the Commissioners. Meanwhile the report of the Commissioners was being virulently attacked by a portion of the local press, The Friend of China alleging that the principal charge * On this subject sec also lis ‘Minute of Protest of Privilege.’ Chap. XXIV. abi supra, ; MR. ANSTEY’S SUSPENSION CONSIDERED. 511 against Mr, Caldwell had broken down through a “ contempti- Chap. XXIL ble, damnable trick on the part of the Government ’-—meaning —_jg58 undoubtedly that certain papers found in the possession of Ma Chow Wong, as well as a memorandum upon the subject drawn up by Mr. May, which implicated Mr. Caldwell,* had been purposely destroyed in order to screen the latter.t For this statement the editor, Mr. Parrant, as hereinafter recorded, was charged with libel in November following.} On the 30th July Mr. Anstey forwarded to the Government ¥r. Anstey’s what he considered a satisfactory answer to the charges brought “”"”” against him with reference to his proceedings in connexion with the Caldwell Commission of Inquiry. His explanations “ not mr. Anstey being satisfactory to the Governor,” at a meeting of the Execu- informed tive Council held on Monday, the 2nd August, it was resolved Executive unanimously that Mr. Anstey be informed that on the 7th Comell August, the Executive Council would take into consideration the consider e aye : . . saree. advisability advisability of suspending him from office, and that any observa- of suspend: tions which he might desire to make in writing would, on that ing him. day, be submitted to the Council. The following is an extract from the minutes of Council held on the 2nd August, a copy of which was also communicated to Mr. Anstey :— Extract from the minutes of the Executive Council of Hongkong, held on Monday, the 2nd August, 1858. Present: His Excellency the Governor ; the Honourable the Lieutenant-Governor ; His Excellency the Major-Gene- ral Commanding the Troops ; the Honourable the acting Colonial Secretary. His Excellency the Governor read to the Council the following observa- tions in reference to himself, as growing out of the report of the Caldwell Commission : — “T cannot follow Mr. Anstey through his violations of that honourable un- derstanding which usually protects private and confidential conversations, and which, in the position in which the Attorney-General stands to the Gov- ernor, ought to have been specially sacred. He has brought before the Commission conversations which took placé more than two years ago ; and T can only aver, as far as my memory may be weighed against Mr. Anstey’s veracity, that his statements, especially as to what passed respecting Dr. Bridges, are gross perversions, distortions, and exaggerations of my language. Indeed, my experience of Mr. Anstey’s infirmities compelled me to protect myself against the very results which are now in evidence ; for at the end of 1856 I advised one, and at the beginning of 1857 another, of Her Majesty’s Secretaries of State that I had found it necessary to confine communications with the Attorney-General to written documents through the official channels, and to avoid as far as possible personal intercourse on public matters. “T have to call the attention of the Council to a part of Mr. Anstey’s evi- dence.§ “It (correspondence with Mr. D’ Almada) states that the Governor dif- fers from Mr. Anstey in his reading of a case which he had cited to support his opinion, and proposed sending a case Home to the law officers of the Crown, This was done, and by return a despatch was received from the Secretary of State for the Colonies, which said that the ‘law officers’ concurred with my * See these papers referred to avté Chap. XIX., p. 446. + See charge 11, anté p. 504, and the report of the Committee on same, anté 508. See Chap. xxv., infra, for details and result of the trial. § Evidence before the Caldwell Commission— Parliamentary Papers, 1860, p. 162. 512 Chap. XXIII. 1858. UISTORY OF THE LAWS, ETC., OF HONGKONG. reading.’ It is true that such a reference was made as to the obligation of the Governor to attend a subpoena of the Supreme Court and all the corres- pondence forwarded to the Secretary of State on the 8th September, 1856, but so far from an answer being sent by return, no answer whatever was re- ceived; and on the 6th October, 1857, another despatch was written to the Secretary of State, at the instance of the Chief Justice, desiring for his guidance that the question might be decided ; and on the 10th March, 1858, Lord Stanley sends the opinion of the law officers, which states, that in the question whether the Governor should attend a subpeena of the Court, they incline to think that the subpoena could not be enforced ; but in a case where an ‘action was brought against the law officer for acts done in the discharge of his duty, he had a right to expect every assistance from the Governor, both in the way of testimony or otherwise.’ “ But Mr. Anstey adds: ‘The despatch administered a severe reprimand to the Governor, blaming him for a want of generosity and justice.’ There is not a word of ‘reprimand’ or ‘blame’ in the despatch from the Secretary of State; and in the case referred to, which was a case of slander against Mr. Anstey, brought by Mr. Mitchell, I officially requested Mr. Mitchell to desist from bringing the action ;* he refused, and he was non- suited. I would add, that I did not refuse to obey a subpcena, but doubted whether I ought to attend in a matter which appeared to me a personal quarrel between the parties, and in which, in my judgment, both had been in the wrong, as was proved by the results.” Resolved unanimously (the acting Colonia! Secretary declining to vote)— 1. That since Mr. Anstey’s arrival in the Colony he has been engaged in a long succession of officialised quarrels and contentions with public fune- tionaries, That these misunderstandings have been characterized by unwar- rantably violent and vituperative language on the part of Mr. Anstey, have been detrimental to the character of Her Majesty’s Government, and have caused much public scandal; and that Mr. Anstey’s conduct in reference to these unseemly controversies has been frequently censured by the Governor, and severely animadverted on by Her Majesty’s Secretaries of State. Resolved unanimously (the acting Colonial Secretary declining to vote)— 2. That, on a former occasion, when the Governor was instructed to sus- pend Mr. Anstey, unless he made public reparation to the injured party, Her Majesty’s Government declared, in an appeal made by Mr. Anstey to the Secretary of State, that “Mr. Anstey had availed himself of that appeal, not by expressing his willingness to make the apology which the evidence brought forward on behalf of the Chief Justice seemed to render proper, nor even by simply declining to give that apology, but by a letter, in which he repeats the charge in, what I must term, virulent and offensive language, calculated, in as far as in him lay, to degrade and vilify his superior fune- tionary. And Mr. Anstey himself repudiates the excuse that he had only used ordinary freedom in remarking on the judge’s demeanour on some convi- vial occasion, by declaring that the occasion was public—one of high official ceremony. Mr. Anstey stands, therefore, in the position of an officer who has made a charge of serious official misconduct against another, superior in position to himself, and refuses to retract or to apologize, although his charge is rebutted by strong evidence, and supported, as far as the papers before me show, by none.” On that occasion Mr. Anstey made public reparation, and was in conse- quence not suspended from office.t Resolved unanimously (the acting Colonial Secretary declining to vote)-— 3. That repeated warnings have had no effect in checking the impetuosity, tempering the rashness, diminishing the acrimony, or lessening the frequency “ On this subject, sec anté Chap. xvi. § IT.. p. 391, and also Chap. Xv1i. § 1. p. 405. + Sec ante Chan. Xvi. § Tr. 7.887, MR. ANSTEY SUSPENDED FROM OFFICE. 513 of Mr. Anstey’s attacks ; and that this Council concur in the opinion convey- Chap, XXIII. ed to Mr, Anstey in the letter of the acting Colonial Secretary of 28rd July, No, 433, in reference to the inquiry into charges made by him against Mr. Caldwell before the Commission appointed by the Governor. And the Coun- cil have come to the conclusion that Mr, Anstey’s former errors have been repeated on this occasion. Resolved unanimously (the acting Colonial Secretary declining to vote)— 4, That in discharge of his official functions the advice given by Mr. Ans- tey to the Governor in his official capacity has been frequently injudicious and intemperate ; and that the suggestions of Mr. Anstey have been on se- veral occasions repudiated by Her Majesty’s Government. Resolved unanimously (the acting Colonial Secretary declining to vote) — 5. That the explanations given by Mr, Anstey in his letter, dated 30th July, not being satisfactory to the Governor, that a copy of these resolu- tions and of the minutes of this meeting be communicated to him, and that he be advised, this Council will, on the 7th instant, at 10 a.m., proceed to the consideration of his suspension, and that he be advised, that any obser- vations he may desire to make in writing will on that day be submitted to the Council. (True extract.) (Signed) L, D’Atwapa £ Castro, Clerk of Councils. On the 3rd and 6th August, Mr. Anstey forwarded further memoranda, couched in extremely improper terms, to the acting Colonial Secretary making insinuations in reference to the latter’s connexion with the opium farm and asking for a “ fair trial.” On the 7th August the Executive Council met in accordance with its previous resolution, and decided to suspend Mr. Anstey from the duties of his office As will be seen, Mr. Anstey’s suspension was fully anticipated, for applications for the vacancy which would be cause! by Mr. Anstey’s forced retirement had already reached Government. Nor is this astonishing when one considers the speeches of Mr. Anstey before the Commission, — speeches so insulting in reference to the Governor, that the Government (quite apart from Mr. Anstey’s individuality or the charges against him)-could only have brought upon itself further contempt had it allowed Mr. Anstev, at least without reference Home,* to remain any longer in office in the Colony. The following is an extract from the minutes of the Executive Council relative to the matter, which is of the utmost interest ; Mr. Anstey being suspended from office and his name removed from the Commissionvof the Peace, while Mr. Day, who had assisted the Commission in the Caldwell Inquiry, was appointed acting Attorney-General, in preference to Mr. Kingsmill, who, it will be remembered, had already acted in that capacity during Mr. Anstey’s absence in Indiaf :— Extract from the minutes of the Executive Council of Hongkong, held on Saturday, the 7th August, 1858. ; * See upon this point Mr. Chichester Fortescue’s speech in the House of Commons on the cause of Mr. Anstey’s dismissal—Vol. 11, Chap. XXXVI. f Anté Chap. x1x., p. 439, 5 1858, Mr. Anstey forwards further memoranda . to Dr. Bridges, asking for a fair trial. The Execn- tive Council decide to suspend Mr, Anstey. Mr. Anstey’s. suspension anticipated. Applications for the vacancy had already reached the Govern- ment, Mr. Anstey suspended from office and remov- ed from the Commission of the Ieace. jl4 HISTORY OF THE LAWS, ETC., OF HONGKONG. Chap. XXIII. Present :—His Excellency the Governor ; the Honourable the Lieutenant- 1858. Governor ; the Major-General Commanding the Troops ; the Honourable the acting Colonial Secretary. , Resolved (the acting Colonial Secretary declining to vote)—_ That this Council, taking into consideration the resolutions passed at its last meeting, and that [is Excellency the Governor then stated the letter of the Attorney-General of the 30th July was not a satisfactory answer to the charges brought against him with reference to his proceedings connected with the Caldwell Commission of Inquiry, is of opinion, after patient and deliberate consideration, that such last-mentioned letter, and also the subsequent letter and memorandum of Mr. Anstey, of the 3rd and 6th August respectively, purporting to be in explanation or vindication of himself, evince so insubor- dinate and disrespectful a spirit as, taking all the cirenmstances into consider- ation, to necessitate his suspension from his office. Resolved (the acting Colonial Secretary declining to vote)— That the Honourable Thomas Chisholm Anstey, Esquire, be suspended from the exercise of his functions and the receipt of his salary as Attorney- General in this Colony, until Her Majesty’s pleasure be known. Read Mr. Anstey’s application of the 13th May last, desiring to resign his office of Justice of the Peace.* Resolved (the acting Colonial Secretary declining to vote)— That Mr. Anstey’s resignation be accepted, and his name be accordingly removed from the Commission of the Peace. The acting Colonial Secretary put in the following: minute :— “Tt is, I conceive, necessary that I should minute the reasons which have induced me to take the very unusual step of declining to record my vote in any of the proceedings of this Council, relating to the suspension from office of Her Majesty’s Attorney-General, Mr. Thomas Chisholm Anstey. “T have been subjected to such a series of attacks, both private and official, from Mr. Anstey throughout his tenure of office, commencing during my absence in England before we had even met in the Colony, and continued up to the present week, that [ am unable to free my mind from a feeling of strong personal dislike towards him, and that feeling incapacitates me, in my own opinion, from sitting in judgment upon him. “ Being, moreover, the senior member of the Bar here, having for a long period discharged the duties of Attorney-General, and entertaining the desire to again hold that office should I be deemed fit for it, I decline to give any man the opportunity of saying that 1 co-operated in making a vacancy for myself; and it is, not sufficient that I should, as in this instance, decline, if offered to me, the office of acting Attorney-General. 1t has been impossible for me as acting Colonial Secretary to avoid being to some degree mixed up with these proceedings, but, by the permission of His Excellency the Governor, I am fortunately enabled to limit my action outside of the Executive Coun- cil. (Signed) W. T. Bripces.” “Council Room, 7th August, 1858.” Consideration was given to applications from Mr. Kingsmill and Mr, Day, for the office of acting Attorney-General ; and after discussion, it was unani- mously resolved, that Mr. Day be appointed acting Attorney-General of Hongkong, pending the pleasure of Her Majesty’s Government. (True extract.) (Signed) L. D’ALMapsa E Castro, Clerk of Councils, “Ante p. 501, ae t This no doubt refers to the subject of professional ctiquette—see anté Chap. XVI. § Ton R72 3 ‘ ~ MR. ANSTEY S MEMORIAL TO THE SECRETARY OF STATE, al Qu On being made acquainted with his suspension, on the same Chap. XXIIL day that the order was promulgated, the 7th August, Mr. — gzg, Anstey at once memorialized the Secretary of State, Sir Edward 3. Anstey Bulwer Lytton, upon what he termed “the violence of the the Secretary measure.” The following extract upon the subject is taken of State. from Mr. Anstey’s letter, and it will be seen that he goes far beyond the necessities of the case and takes the opportunity to vilify another high official, facts in regard to whom, whatever they were or may have been, had no immediate connexion with the matter under consideration and which could therefore only aggravate his own case. The following is the extract in ques- tion :— “The violence of the measure will, I am convinced, be made apparent to you on perusing my ‘memorandum’ of yesterday, submitte: to the Council this day, and my letter of Tuesday last, referred to in paragraph 1 of that document. They contain my solemn protest against the acts of the Execu- tive Council in my regard, as done in flagrant breach of the Queen’s Regulations touching the suspension of Her Majesty’s Colonial Officers, and my reasons for declining to sanction them by any consent of mine. They show that I have been condemned in the dark, and without a hearing ; and that I have been deliberately sacrificed by the partiality aud injustice of the three persons, who, under the Governor, constitute that Council, the Lieu- Ss tenant-Governor, Colonel Caine, General Sir C. F. Van Straubenzee, and Dr. Bridges himselt. * * - * “Tt is impossible for me to rest day or night, whilst 1 think of the principle involved, and the bad precedent established, in my case, before the acute people, in whose eyes (so Sir Henry Pottinger and Sir John Davis thought) the free and noble institutions of Hongkong would stand one day as a model whereby to work the regeneration of the Chinese empire itself. “From the beginning of this Colony, those visions have proved shadows. It has, to use the not exaggerated language applied to the Colonial Govern- ment by a former Secretary of State, “stunk in all men’s nostrils ;”* and the seent of the Chinese nostril is keen. The miserable policy pursued by the local authorities in 1847-1848, in the case of the Compradore of the pre- sent Lieutenant-Governor, and his exactions of bribes in the name of His Honour,f could not have impressed the Chinese community with a belief in the innocence of the aspersed officials, and certainly must have led them to sup- pose that to our reputation for official purity we are nearly as indifferent as themselves, and against the honest and fearless denouncers of corruption, infinitely more vindictive. * % * *% ” On the 9th August Sir John Bowring informed the Secre- tary of State of Mr. Anstey’s suspension from the exercise of his functions, and “ finding it-impossible to conclude his long despatch explaining the necessity of this proceeding,” in time for the outgoing mail, stated he would forward it by the next, oo and that Mr. Anstey’s name had been removed from the list of appointed Justices. In a second despatch of the saine date Sir John acting Bowring informed the Secretary of State that Mr. Day, the Hera * Scc the expression used—anté Chap. XVII § 1., p. 405. ¢ This, of course, refers to the old dispute between Mr. Tarrant. and Colonel Caine— see ante Chap. VII., pp. 143, 150, and Chap. VT. § I, p. 170, and subscyuent references, 516 HISTORY OF THE LAWS, ETC., OF HONGKONG. Chap. XX111. senior barrister in the Colony, had been appointed acting Attor- 1858, ney-General and at the same time recommended,-—should the decision of the Governor-in-Council be confirmed as regards Mr. Anstey—that Dr. Bridges be given the Attorney-Generalship. On the 13th October, the Secretary of State simply acknow- ledged receipt of the Governor’s despatches without offering any remarks. ‘The masterly despatch of Sir John Bowring relating to Mr. Anstey’s suspension is here reproduced in full. Al- though unduly severe in several respects, not to say more, it relates in detail almost every particular connected with the career of Mr. Anstey, from the date of his arrival in Hongkong until the moment of his suspension, and cannot be looked upon otherwise than in the light of one of the most important docu- ments that have ever emanated from a Governor of a Colony to Her Majesty’s Principal Secretary of State for the Colonies :—- Government Offices, Victoria, Hongkong, 9th August, 1858, Sir, The accompanying minutes of the Executive Council will inform you that I have been compelled, with the unanimous concurrence of such Council, to suspend Mr, Thomas Chisholm Austey, Her Majesty’s Attorney-General, from the discharge of all the functions appertaining to his office. Recent events have painfully confirmed the conclusion, which has been long ripening in my mind, that the continuance of that officer in this Colony is not compa- tible with the respect and authority which the Government is bound to main- tain, or with the peace and tranquillity of the community, 2. In ordinary cases, the punishment of suspension from office is conse- quent upon some particular act which renders an officer unfit for the public service ; but the present case has its special character. 3. Mr. Austey’s presenee in the Colony bas been associated with so con- tinuous a series of unscemly proceedings, that I feel myself compelled to retrace a large portion of his course here before I can, in a satisfactory mau- ner, put you in possession of the facts, which, in my opinion, render it im- possible that he should coutinue in the public service, at any rate in this Colony, or as Attorney-General. 4. I postpone for the present the consideration of the charges brought by Mr. Anstey against the Registrar-General, which so fitly close this unhappy catalogue. 5. The whole of Mr, Anstey’s career has been more or less marked by the same characteristics, viz., impetuosity of temper beyond all control, credulity in listening to vague accusations, recklessness in preferring charges, persistence in adhering to and repeating disproved averments, and persevering malignity tuwards every opponent who has had the misfortune to incur his displeasure ; and these fatal defects have altogether nullified the benefits which the Colony night otherwise have derived from the great talents which My. Anstey un- doubtedly possesses. No one can be more sensible than I am of his unparal- lcled activity, his intellectual resources, his readiness and acuteness, and his varied knowledge of history and laws ; but when these great gifts are applied, as they have been, to fomenting discord in a small community, the mischief becomes intolerable, und must be abated, SIR JOHN BoOWRING REPORTS MR, ANSTEY’S SUSPENSION. » oO 17 6. Mr. Anstey cutered upon the duties of his office in the last days of Chap. XXII, January, 1856, two years and six months ago.* Of,that time he has been absent about six or seven months,f and only during such absence has the Colony enjoyed a respite from a succession of official disputes, in almost every one of which he has taken the most prominent part. 7. Mr. Austey has quarrelled with the Chief Justice ; he has quarrelled with the acting Colonial Secretary ; he has quarrelled with the Colonial Treasurer; he has quarrelled with the (late) Chief Magistrate; he has quarrelied with the assistant Magistrate ; he has quarrelled with the (late) ‘Crown Soliciter ;{ he has quarralled with the Bench of unofficial Justices of the Peace ; he has quarrelled with the Superintendent of Police for the time being, and with the Judge’s Clerk ; and not satisfied with these official scan- dals, he has been from time to time mixed up in private brawls, some of them of a most disreputable description. 8. I have no intention to lay stress on Mr, Anstey’s personal demeanout to myself, which has been frequently extremely offensive, further than to say that in colloquial intercourse he frequently appeared so utterly forgetful of our relative positions, that I found it safer and better to avoid as much as possible private conversations on public matters with him, and to communi- eate solely through the secretaries, colonial and diplomatic. The necessity for this determination I have reported to Her Majesty’s Secretaries of State, both for the Foreign and Colonial Departments in December, 1856, and January, 1857. 9. I have had the disagreeable necessity foreed upon me of forwarding to the Colonial Office the documents bearing upon the cases in which Mr. Ans- tey placed himself in antagonism to his superiors, the Chief Justice and the acting Colonial Secretary ; those showing his failure in a prosecution brought on his own responsibility, without my sanction, against the acting Chief Ma- gistrate for extortion ; § reporting how he had rendered the tenure of his office unbearable to the Crown Solicitor by his overbearing manner, and others ex- hibiting the unhappy position of Mr. Anstey with the Bench of Justices.|| In none of these cases has Mr. Anstey’s conduct been approved of by your pre- decessors, and in several itstances grave warnings have been administered to him. Where I have been spared the duty of reference Home in cases of his local disputes, the same acrimony and intemperance have marked Mr. Austey’s conduct. Mr. Hillier, the Chief Magistrate, a most painstaking and praiseworthy officer, but not a lawyer by education, had discharged the duties of his office for more than ten years without a word of censure, but within two mouths of Mr. Austey’s arrival here, he made a most virulent attack upon the Chief Magistrate in open Court, because the depositions had been taken in a somewhat informal manuer.f A lengthened controversy cn- sued, as Mr. Hillier naturally resented such a mode of correction ; and although the difficulty was smoothed down without a reference Home, it embittered the remainder of Mr. Hillier’s carcer here, and was ove of the principal causes * Anté Chap. XVI. § IL, p. 370. + Except for two short trips to Canton, once on private practice (aaté Chap, XVI. § 11,, p. 375), and once on a pleasure trip where he met with an unpleasant incident (Chap. XX. § I1., p. 463), Mr. Anstey proceeded to Shanghai for a change (Chap, XVII. § L, p. £08), then te Macao and afterwards to India (Chap. XIx., p. 439). + Beyond what has already been recorded in reference to Mr. Hickson, the author has not seen the records regarding the quarrel referred to. See anté Chap. Xvit. § 1, p. 41), § Chap. XV1. § IT., p. 388. It is hard to see where blame is to be imputed to Mr. Anstey in this matter-see anté Chap. XVII. § 1., p. 398, @ Chap. Xvi. § 11, p. 378, 1858. 518 HISTORY OF THE LAWS, ETC., OF MONGKONG. Chap. XX1IL which led to his removal from the Colony.* His death shortly afterwards 1858. took place when appointed to be consul in Siam.* Because Mr. Bevan, the Judge’s clerk, did not pay Mr. Anstey his salary in the coins he expected to receive, a charge of malpractices was at once officially brought which, if it meant anything, meant embezzlement, but upon investigation, everything was found to be perfectly correct, and without any grounds for a supposition to the contrary. Mr. Grand-Pré, the acting Superintendent of Police, was iu no way subordinate to the Attorney-General ; but in November, 1856, a long official complaint was lodged by the latter against the former, charging him with “gross breaches of duty,” “impertinence,” “ gross and glaring proofs of collusion,” “ proofs of incapacity or corruption.” Mr. Mercer, the Colonial ' Secretary, looked into the matter, but could discover no ground of complaint whatsoever against Mr. Grand-Pré. 10. Similar instances might be repeated wsgue ad nauseam, but from these specimens it will not be difficult to form an idea of the general intemper- ance of Mr. Anstey’s proceedings, and I leave this branch of the case with this observation, that in no single instance within my knowledge has Mr, Anstey substantiated auy grave charge that he has brought against his brother-officials. 11. But the evils arising from Mr. Anstey’s intemperance of mind do not stop here ; for I have been taught by experience to place hardly any reliance in the prudence of the advice which I havearight to expect from him as my legal resource in times of perplexity, difficulty, or danger. Had I been guided by the opinion of the Attorney-General on several important occasions, results would have followed seriously compromising the Government, which would have made it not the thoughtful guardian of the permanent interests of the community, but the instrument of passing passions, the promulgator of need~- less alarms, and which would have given to our legislation an arbitrary and capricious character, little necessitated by the demands and dangers of the moment, and certainly not justified in the progress and development of events. 12. I refer particularly to the views which Mr. Austey took of the course to be pursued in the poisoning case. He appeared to me under the influence of the most wwreasonable and extravagant apprehensions. He had determined in his own mind that Ahlum, the baker, was the chief poisoner, and that, whether by military law or an extraordinary violation of the ordinary forms of justice, by some or other instrumentality the man must be hanged.t He told me that if I did not hang him Lynch law would do so. In the same spirit, Mr. Anstey advised me that I ought, by a succession of prosecutions on the same evidence, to continue criminal proceedings against Ahlum until a conviction was secured. No doubt, in the then excited state of this com- munity, a verdict of guilty might ultimately have been obtained, and, as far as Mr. Anstey was concerned, Ahlum would have ‘been delivered over to the executioner. I doubted whether Mr. Anstey’s advice was sound, though, after consulting the Chief Justice, I detained Ahlum until I could obtain instructions from Home.t Mr. Anstey’s opinion was not supported by the supreme authorities, aud, under the order of the Secretary of State, Ahlum was released. Nothing whatever has occurred since his release to strengthen the evidence of his guilt ; much, ia my judgment, to establish his innocence. 13. From that time I have been compelled to feel that in Mr, Anstey, as Attorney-General, I have a very unsafe councillor in the day of special responsibility and peril. * This is hardly concvivable and was, to say the least, stretching the point beyond the necessities of the case for, as has been seen, Mr, Hillier received an enormous rise as Her Majesty’s Consul at Siam and further to allude to his death there, which was due to na- tural causes, was to draw inferences as unfair as they were meant to be injurious to Mr. Anstey. See anté Chap. XVI. § 11., pp. 388, 384. fT Sce his address to the jury—axté Chap, XVII. § 11, p. 417, I Ante Chap, xvii. § IL. pp. 418. 421, SIR JOHN BOWRING REPORTS MR. ANSTEY’S SUSPENSION. 519 14. I subsequently refused to bring before the Legislative Council an Or- Chap. XXIII. dinance proposed by Mr. Anstey, as Attorney-General, making the poisoning = of any British subject high treason, and to be dealt with as regicide attempts Teos upon the person of the sovereign. I, however, referred it, under advice of the Chief Justice, to the Home authorities, who concurred in my opinion as to the unconstitutional character of the proposed measure. 15. In further support of the impossibility of my placing any confidence in Mr, Anstey’s judgment, I now forward copies of the commnnications dated the 7th and 8th January, 1858, which I received from Mr. Anstey, proprio motu, pointing out the course which, in his judgment, I ought to pur- sue in the case of the Imperial Commissioner Yeh, then a prisoner of war in the hands of the Allied Powers. Advice of so extraordinary a nature did not appear to me worthy of serious notice, and it was passed by with a mere acknowledgment of the receipt of the communication. The very same day, Mr. Anstey announced to me, in Letter No. 2, that there was an intention to apply for a writ of habeas corpus, in order to obtain the release of Yeh. 1 took some trouble to ascertain whether there was any ground for supposing such an intention existed. I could find none; and on the following day Letter No. 3 was received. The magician had most successfully dispersed the shadow he had himself raised. 16. My despatch, No. 170, of 14th October, 1856, forwarded to Mr. Labouchere another proof of the rash and dangerous counsels which, in cir- cumstances of moment, I have been liable to receive from Mr. Anstey. Had I, as he advised, at one stroke cancelled the Commission of the Peace, and thus, as far as the Governor of this Colony can, affixed a stigma to the names of some of the first mercantile firms in the world, I should have set the Colony in a flame. 17, But whatever had been the inconveniences arising from Mr. Anstey’s eonduet, or however little I felt I could rely upon him up to the month of May last, all his previous conduct has been cast into the shade, and every previous fault has been greatly magnified by his proceedings in connexion with a case which has kept this Colony in a state of excitement, and more or less paralyzed the action of every department of Government for the last three months. I allude to what I shall, for the sake of brevity, call the Caldwell case. It will be necessary for me to give you a complete narrative of it, and to send Home every document connected with it; and however much I may regret giving you so much trouble, Iam bound to say that it is only from a careful survey of this mass of correspondence, that, coupled with what I have already stated, will appear the inevitable necessity of the suspension of Mr, Anstey, and the confirmation of such suspension by your paramount authority. 18. Iam quite aware of the gravity of the responsibility I take upon my- self in suspending Mr. Anstey from the exercise of his functions, and am prepared for those outpourings of vituperation and violence which better and far more exalted men than myself have experienced at Mr. Anstey’s hands ; but I confess the hesitation which the fear of being supposed to have made him the victim of private pique or personal vengeance is superseded by the conviction that I am but discharging a paramount and peremptory public duty. 19. I had become acquainted with the fact that Mr. Caldwell, the Regis- trar-General, and Mr. May, the Superintendent of Police, had not been work- ing harmoniously together almost ever since the return of the former to Government employ in November, 1856.* Mr. Caldwell, being almost the only official in this Colony who possesses any adequate knowledge of the Chinese language, has been of very great benefit, not only to us, but also to the Queen’s service generally in this part of the world, and I have had every reason to entertain a very high opinion of him. Particulars of some of his services accompany this despatch. * Anté Chap. XVII. § 1., p. 408. 520 Chap. XXII. 1858, HISTORY OF THE LAWS, ETC., OF HONGKONG. 20. Mr. Caldwell is, I believe, a man of mixed blood, born at Singapore ;* he is married to a Chinese woman, converted to Christianity, by whom he has a large family, some of whom are now being educated in England. His pecuniary means are straitened as he has nothing but his salary, and part of that he has to set apart.to meet debts which he incurred when out of Govern- ment employ in 1855 and 1856, during which period he entered into a commercial speculation in a coasting steamer, which turned out a failure. My. Caldwell left the service in 1855, at his own desire, because his salary— £400 per annum—was too sinall to support his family ;f he was recalled at the commencement. of the Canton troubles, because we really could not do withont him, and his salary was raised to £700 per annum. 21. Mr. May, the Superintendent of Police, was a member of the London Police Force, who came out in 1844, to organise our police.{ He has taken great pains with his education, and has very much raised himself above his original position. With one or two exceptions I have been generally satis- fied with Mr. May’s services until within a very recent period. One of those exceptions was his ownership of a very notorious nest of brothels very near the Police Station, and which he very unwillingly got rid of after consider- able pressure from the Government.§ Mr. May’s salary is £575 per annum, with quarters ; but by speculations in land and buildings, or from other sources, he has, I am told, realized a large sum of money here, and is therefore in independent circumstances, 22. Mr. Bridges appeared to me, soon after he beeame acting Colonial Secretary, to entertain an unfavourable opinion, in which I did not fully concur, of Mr. May’s mode of managing the Police Foree, and to place much more confidence in Mr. Callwell than in Mr. May. This may be attribut- able to the special attention which Mr, Bridges paid to the working of the Police, or from some other canse ; but at any rate the fact undoubtedly existed, and I had more than once, on Mr. Bridges’ representations, to reprimand Mr. May for neglect of, or disobedience to, the directions of the acting Colonial Secretary ; whereas no complaint was ever laid by Mr. Bridges against Mr. Caldwell. 23. I searecly need repeat what my despatches have given but.too much evidence of, that Mr. Austey has put himself in antagonism habitually to Mr. Bridges,:as acting Colonial Secretary ; he pursued the same course with regard to the questions which have arisen between the Registrar-General and the Superintendent of Police, throwing, in a spirit of passionate partisanship, all the weight of his personal, political, and official influence into Mr. May’s scale, defending him when he has been obviously wrong, and persecuting Mr. Caldwell when he has been as manifestly right. : 24. This feeling at length vented itself with full foree at a meeting of the Legislative Council, held to consider the Registration Ordinance on the 10th May. Mr. Caldwell being Registrar-General, this Ordinance was a fitting opportunity for pouring the vials of Mr. Anstey’s wrath upon him. Just before the sitting of the Council, Mr. May wrote a note to Mr. Anstey, informing him that Mr. Caldwell (who was, under the Venereal Disease Ordi- nanee, No. 12 of 1857, the official upon whom devolved the duty of granting licences to brothels in certain localities) was himself the owner of a licensed brothel. * He was born in the Island of St. Helena, according to a pamphlet produced by _him at the time in vindication of his character, and to which the author has had access. See his earlier carcer set out,—anté Chap. III. § I1., p. 82 note, + See anté Chap. XVI. § 1., p. 361. { He arrived in Hongkong on the 28th February, 1845—see anté Chap. 111. § 11, p. TD, § This personal attack upon Mr. May is referred to, anté Chap, XVII. § 11., p, 422, SIR JOHN BOWRING REPORTS MR. ANSTEY’S SUSPENSION. 25. Mr. Anstey therenpon proposed the insertion of what is now section Ch 27 of the Registration Ordinance No. 8 of 1858 ;* and made ai attack upon Mr. Caldwell’s general character. The acting Colonial Secretary stated that, from his own knowledge of Mr. Caldwell’s private affairs, it was impossible that Mr. Caldwell eould be the owner of the brothel in question, No. 48, beeanse Mr. Caldwell owned no property of any description whatsoever in the Colony. The Surveyor-General suggested a reference to the Crown hooks for the purpose of seeing in wlrose name the lot upon which brothel 48 stood, was registered. Mr, Caldwell’s name appeared as the registered owner. The aeting Colonial Seeretary reiterated his assertion that Mr. Caldwell had several months before parted with all the property he had in the Colony for the benefit of his creditors, I stated that I would cause an inquiry to be instituted into the whole matter, and the clause in question was adopted by the Council. I immediately directed the acting Colonial Secretary to obtain from Mr. Caldwell, in writing, a statement with regard to this brothel, and to his property in general. I annex Mr. Caldwell’s answer. This and the result of other inquiries reported to me by Mr. Bridges, satisfied me that the charge made by the Attorney-General was founded in error, and I proposed stating as much to the Council af its next meeting, which was to be held after an interval of only four days. 26. But late on the 13th Mr. Anstey sent in a most intemperate letter, asking leave to resign his office of Justice of the Peace,f and requesting that his grounds for so doing might be submitted to the Seeretary of State; this letter was fult of accusations of the gravest description against Mr. Caldwell. The original charge of brothel-holding now had added to it criminal com- plicity with Wong Akee alias Ma Chow Wong, a Government informer of long standing, whose conviction upon a charge of helping pirates had in the previous year occupied the Executive Council a considerable period,t and whose case, for the sake of brevity, accompanies this letter in a separate document. I must refer you, Sir, to this letter itself, in order that you may appreciate its gravity when proceeding from the Law Adviser to the Govern- ment. 27. I still did not abandon the hope that Mr. Anstey, on hearing read Mr. Caldwell’s explanatory letter, and the result of the inquiries made into the original charge, might be induced to reconsider the position in which he had placed himself; and the following day I read to the Legislative Council what I then considered, and what has, after a most lengthened investigation, since been proved to be, the satisfactory answer of Mr. Caldwell, that he had no connexion with, or property in, any brothel. 28. Mr. Anstey, however, added fresh fuel to his fire, and a scene ensued which, I believe, has seldom been paralleled in any assemblage of Englishmen met in official conclave, whether we consider the insubordination and intem- perance exhibited towards myself or the malignity and scurrility of Mr. Anstey’s renewed attack upon an absent man, the Registrar-General. From a manuseript note made by myself immediately after the meeting, and a copy of whieh is appended hereto, you will observe that the character of Mr, Caldwell’s wife is now dragged into the net of calumny, and that there is no occupation too criminal on the sea, or too base on the land, in which Mr, Caldwell is not charged with being engaged. 29. Matters had now assumed a very sertous aspect ; either Mr. Caldwell Was unfit to remain, net only in Her Majesty’s employ, but, indeed, any where * This section reads as follows :—“ No person acting or employed by any other person acting in the execution of this: Ordinance, and no mentber of the family of any such per- son, shall be possessed! of or interested in. amy of the boats, vessels, conveyanees, Or ......... tenements to which this Ordinance relates, either in his or her own right or iu the right of another, and either at Law or in Equity.” + Anté p. 501, ft Ante Chap. xIx., pp. 444-447, 52 sp, XXIL, 1958, 522 Chap, XXII. 1858. HISTORY OF THE LAWS, FTC., OF HONGKONG. except in the common gaol of the Colony ; or, on the other hand, Mr, Ans- tey had proved himself unfit for his.own post, Immediately on leaving the Council, I showed to the acting Colonial Secretary the minute I had. made of Mr, Austey’s oral charge, and he confirmed its general correctness. I gave him a memorandum, directing him to obtain from Mr. Anstey, in writing, 2 repetition of the accusations ; the following day Mr. Anstey’s tender of resignation as a Justice of the Peace was answered ; the considera- tion of its acceptance was postponed, and he was informed that in consequence of what had passed the day before in Legislative Council, such of the charges against the Registrar-General as were tangible would be subject of inquiry, and the needful measures would be adopted by the Government. 30. Mr. Anstey acknowledged the receipt of this letter on the same day, and, therefore, Mr. Anstey was aware, at this early period, that the Govern- ment had proposed to iustitute that inquiry which had obviously become im- perative. I must beg your particular attention, Sir, to this fact, as throwing much light upon the subsequent attempt of Mr. Anstey to relieve himself of the responsibility of having made such serious, not to say overwhelming, charges,* by pretending to remove his case to a superior tribunal—that of the Secretary of State for the Colonies. 31, As Mr. Anstey and Mr. Caldwell were both Justices of the Peace, and as Mr. Anstey declared the Bench to be contaminated by the continuance of Mr. Caldwell on it, and as the absence of. the General at Canton restricted the numbers of the Executive Council to myself, the Lieutenant-Governor, and Dr. Bridges, I considered the preferable course for the proper investiga- tion of the accusations against Mr. Caldwell, would be for me to request the Justices of the Peace to assist the Government, by taking upon themselves the inquiry into a matter so important to the character of their own body. I failed in obtaining the assistance I had hoped for,f and I append the answer from the body of Justices. The line of conduct pursued by Mr. Anstey at the meeting, will appear from the narrative which I have directed the acting Colonial Secretary to draw up, of all the facts connected with this case within his own knowledge. My application to the Bench of Magistrates was made on the 17th of May, and they had their meeting on the 19th. The 17th of May was a Monday; the mail for Europe did not leave until the following Sunday. Letters are seldom, if ever, posted here before the day anterior (o the departure of the mail; it was then with extreme astonish- ment that 1 had laid before me, on the 17th, what purported to be the dupli- eate of a letter from the Attorney-General to the Secretary of State for the Colonies, already posted by Mr. Anstey. 32. This letter is, I doubt not, on its way back, in consequence of the in- formal mode in which Mr, Anstey thought proper to convey it. My despatch, No. 67, of the 18th of May, will put you in possession of my action in regard toit, | oe : 33. I now forward it to you; and as Mr. Anstey, in a subsequent letter, was pleased to dignify it with the appellation of an impeachment of the Gov- erament, I am perfectly willing that he should be kept to the charge and that it be dealt with accordingly. 34, Even if Mr. Anstey pretended to ignore the fact conveyed to him on the 14th, as to the institution of proceedings by the Government, he had the same statement most explicitly conveyed to him on the 18th, five days before the departure of the mail, and when, had he wished it, the irregular letter to the Secretary of State, might have been by my orders, and his consent, taken out of the Post Office, and the false step thus committed by him retrieved ; but Mr, Anstey could surely scarcely venture to suppose that an irregular * Anté pp. 508, 510, toa Aut wn AD SIR JOHN BOWRING REPORTS MR. ANSTEY’S SUSPENSION. 523 act by a subordinate officer, like himself, was at once to stay the hands of Chap. XXIII. Government, and to prevent his being called upon fo substantiate the charges nd he had so freely made. 1BOE 35. I must, also, here deal with and dispose of another technical objection raised by Mr. Anstey ; he not only declined to commit te writing what he had said at the Legislative Council on the 14th of May, but preterded under cover of a Standing Order of Council, not then passed, althongh it had been read to the Council by me as one of those I proposed thereafter to enact, should I obtain the sauction of the Secretary of State. He pretended, I say, to claim the privilege of not being questioned out of Conneil for anything said therein. But the legal quibble which seeks to justify acts done on the 14th of May, by Standing Orders and Rules which were not approved in Council until the 12th of July, is as remarkable as the moral obliquity which ean con- strue freedom of speech in a Legislative Assembly to meau impunity for lan- guage which designated a most respectable married woman as a “harlot,” and her husband, the speaker's brother-ofticial, as a brothel-keeper and pirate. 36, The Justices being thus unwilling to assist the Government and Mr. Austey declining to join in the issue as to what his charges really were against Mr. Caldwell, I met the difficulties thus thrown in my way, by ap- pointing » Commission of investigation,* and laying before them such charges as had either been stated orally by Mr. Anstey in Council, or could be ga- thered from his official correspondence ; and, as far as possible, to prevent mistake, the Commission was furnished with every document connected with the matter, while I gave to the chairman the written memorandum which recorded my recollection of Mr. Anstey’s speech in Council on the 14th May. 37. The Commission was composed of two officials and three Justices of the Peace. Both the former and one of the latter (Mr. Lyall) were members of the Legislative Council, and had been auditors of Mr., Anstey’s language. 38. I then caused copies of the charges which had been prepared by the acting Colonial Secretary to be furnished to Mr. Anstey and Mr. Caldwell. Mr. Anstey adhered to his system of limited liability (letter of 24th May), denied the charges to be his, and clung to his theory of the matter being re- moved to another tribunal, that of the Secretary of State. 39. The Commission commenced its labours on the 27th May ; it sat at intervals for twenty-four days, and generally for six or seven hours each day, and I received its report after its labours had terminated. During this long interval most of the departments of the Goveriument were almost paralyzed by the absorption of their chiefs. The Attorney-General and the Superin- tendent of Police generally attended the Commission, so did the Registrar- General, for his defence ; the Surveyor-General and Chief Magistrate as Commissioners. I avoided all interference with their proceedings. 40, Of the manner in which the Commission discharged their duties, I cannot report satisfactorily. They. availed themselves of the permission given them to retain legal assistance, and one of their first acts was to decliue the advice tendered by the barrister (Mr. Day) they had selected for their guid- ance. Not only did these gentlemen wander out of the specific charges laid before them for their report, but they suffered themselves to be made the medium through which Mr. Anstey might, in the presence of the public, over and over again make the grossest attacks upon the Government generally, upon myself individually, and upon the acting Colonial Secretary, both offi- cially and privately, without the slightest regard to the question of their relevancy to the points under reference to the Commission. A printed copy of the entire evidence accompanies this (lespatch, and although, Sir, I cau hardly ask you to devote your fully occupied, time to perusing it tn its entirety, * Anté p. 508. O24 HISTORY OF THE LAWS, ETC., UF HONGKONG. Chap, XXII, 1 must draw your attention to the following passages of Mr. Anstey’s evi- 1858, denee “The first was, that I knew it was perfectly hopeless sending in any report to the Executive Government, as Mr. Caldwell was always held up as quite necessary to the administration of the Colony.” “T have, therefore, a right to say that the charges now under investigation have been already disposed of by the Executive Council.” “«T cannot understand how, after my repeated and solemn references to the danger of employing Mr. Caldwell in any matter of state or police, of whieh my official correspondence with the Executive Government, subsequently te the proceedings in Executive Council, furnish some of the instances, His Excellency, or any member of his Government, would venture upon the destruction of a siugle portion, much less the whole, of what I must pronounce to be the damning proofs of his guilt.” “ Within two days after my arrival, His Excellency was pleased to lament to me the corrupt state of the Hongkong Government, and the utter want of support to himself in his endeaveurs to stem the tide of corruption. He said there was but one public officer whom he could trust, besides the three who were going away to England or Siam ; one of whom (Mr. Rienaeker) I have since ascertained to have been a kind of partner to Mr. Caldwell in his specula- tions, and that, as to the one trusty public officer who was remaining in the Colony (Mr. Mercer), he was well disposed but timid. The Governor begged me to make it my business to bring to light, and, if necessary, to punish the malpractices of which he complained, and 1 beg to specify in particular the malpractices of the Police, and of my own department of Attorney-General.” 41. I must refer to Mr. Bridges’ evidetice, and Mr. Anstey’s rejoinder, to give you an idea of the lengths to which be permitted himself, and was per- mitted to proceed. 42. It must be naturally presumed, from the first passage, that the Attorney- General had officially, or at any rate privately, either in writing or by mouth warned me, or the Colonial Secretary as my official channel of communication, against Mr. Caldwell, and that, finding his warnings neglected, he had at length out of a sense of public duty, been forced into bringing these charges in an irregular manuer. 43. Such a presumption is, however, totally unfounded. Mr. Anstey has never done nuything of the sort; nor, great as have heen Mr. Caldwell’s services, has he been so necessary to the Government as to warrant auy immunity for malpractices on his part. 41. On one occasion only do I find that any hints or suspicion of Mr. Cald- well's integrity or trustworthiness was conveyed to the Government by Mr. Austey ; and this was his request that Mr. Caldwell might not be advised of that most extraordinary recommendation of Mr. Anstecy’s that Yeh should be cited as a murdorer before the Supreme Court on his being brought within the jurisdiction of the Colony, 45. But Mr. Anstey’s counsels, in connexion with the poisoning case, were throughout of so extravagant and wild a character, that I must con- fess I considered them as aberrations of an intellect, on that matter at least, somewhat deranged, 46. Equally surprising, as proceeding from a high legal functionary, is the assertion that the charges then under investigation had already: been disposed of by the Executive Government. The Attorney-General knew better than any one alse that although, of course, guided by the maxim of not SIR JOHN BOWRING REPORTS MR. ANSTEY’S SUSPENSION. believing any man to be guilty until he was proved to be so, I declined Cha: rushing with himself to conclusions which must cover Mr. Caldwell with infamy) I had, uevertheless, from the first insisted upon a full aad complete investigation, not by the Executive Government, but by third parties, reserv- ing to myself the ultimate decision between the accuser and the accused. Fortunate, indeed, was it that I did so, for the very charge here confidently asserted by Mr. Anstey to be proved beyond dispute, although at first sup- ported by prima facie evidence, has been most satisfactorily met and disproved. 47, OF still more serious a character, whether as regards Mr. Austey’s reputation for veracity, or the worth of his opinion as a lawyer, is the para- graph I have noticed. You will find, Sir, that Mr. Anstey assigns to himself the position before this Commission, not of accuser, but of an officer of the Government bound to attend its sittings in consequence of the general directions appearing in the warrant appointing the Commission. In this particular instance I will assume that Mr. Anstey did appear in such capacity only, that is as Her Majesty’s Attorney-General, whose duty it was, in a calm and dispassionate manner, to assist the Commission by his legal experi- ence in elucidating the truth. I have already reported in how far Mr. Anstey was justified in saying that he had made repeated and solemn references to the danger of employing Mr. Caldwell in any matter of state or police, and I again repeat that such a statement is, to use the mildest term I can apply to it, the offspring of an hallucination. 48. But, utterly without foundation as such a position was, Mr. Anstey made use of it here to endeavonr to induce the Commissioners to distort the law of presumptions in a manner which, even to me, who am not a lawyer, Appears most extraordinary, and entirely opposed to every notion of justice. 49. The history of the papers in question is as follows: The books of the shop in which Ma Chow Wong, at the time of his apprehension, owned a share, were at first in the custody of the Police, and, while there, were examined by Mr. Acting Assistant Magistrate May, with the object of addueing further support to the charge of complicity with pirates under which Ma Chow Wong then lay. Mr. May, being entirely ignorant of the Chinese written or spoken language,* this examination was made through a _native interpreter at the Magistracy, Tong Aku, a very clever fellow, but a man of more than suspected character.| Mr. May made memoranda of this examination aud showed them to the Chief Magistrate aud the acting Attorney-General, informing both of these officers that they did not throw any light upon the pending charge against Ma Chow Wong, nor did he theu even insinuate that any connexion between Mr. Caldwell and the accused was thereby shown. Mr. May made no communication whatsoever to the Acting Colonial Secretary respecting this memoranda, nor informed the Executive Government that he was in any way in possession of documents which would assist them as to Ma Chow Wong's general character, still less impeaching the conduct of so important an officer of the Government as Mr, Caldwell. While the question of the review of Ma Chow Wong’s sentence was pending} before the Executive Council, the ‘ China Afail’ newspaper published a state- ment, 10 the effect that evidence existed on the books of Ma Chow Wong, which showed his participation in so many villanies as to render him an unfit object for any mercy. I was much surprised at this assertion (having been kept in the dark by Mr. May), and ordered a thorough search to be made of these books by Mr. Caldwell, assisted by Mr. Mongan, the acting Chinese Secretary attached to the Superintendeucy of Trade, and his staff of Chinese teachers. The books were handed over by the Police to Mr. Mongan in the * See Lhe Straits Guardian's correspondent’s letter, anté Chap, XX., p. 495, + The records show his entire exculpation—see anté Chap. XIXx., p. 445, { See reference to this, anté Chap. XIx., p. 445, 525 p. SEIIL 1858, 526 HISTORY OF THE LAWS, ETC., OF HONGKONG. Chap. XXIII. month of September, 1857, and, from that time until they were subsequently 1858, burnt, they remained altogether out of the custody of the Colonial Officers. They were never at any time in the custody of the acting Colonial Secretary or his department.* Mr. Mongan and Mr. Caldwell made a joint report to me as to the result of their examination, and it differed very materially from the statements published by the ‘ China Mail.’ Determined to arrive at the truth if I could, I requested Mr. Dixgon, the then editor of that paper, to attend th next meeting of the Executive Council to substantiate his allegations. He did so; and, to my great astonishment and indignation, cited the Super- intendent of Police as his informant. Mr. May did not repudiate the onus thus thrust upon him, and now for the first time, proceeded to inform me of the examination Tong Aku had made for him of the books. He confirmed two of Mr. Dixson’s allegations, but negatived two. 50. Not a word was said by Mr. May as to Mr. Caldwell on this occasion, the whole gist of the matter regarding Ma Chow Wong, and him alone. As Ma Chow Wong’s case was at this juncture still under consideration of the Exe- cutive Council, I thought it advisable to have the correctness of the two differing accounts of the books reported upon by a third party, and directed Mr. Wade, the Chinese Secretary to the Superintendency, to undertake this task, and the books were forwarded tohim. A few days afterwards, however, farther light being unexpectedly thrown upon Ma Chow Wong’s connexion with pirates from an entirely different source, the Executive Council resolved not to interfere with the sentence passed upon him;t however insufficient the grounds upon which it originally rested, and here, in October, 1857, ceased, to all appearances, any value possessed by the books in question. Mr. Wade being attached to the Earl of Elgin during the proceedings against Canton, uever had auy leisure even to open the documents forwarded to him, and, on his departure with the Force in March, 1858, they were returned to Mr. Mongan in the same state, as to seals and strings, as he despatched them. Mr. Mongan’s chief Chinese teacher, finding these books an encumbrance to a not very large office, sug- gested to him either their removal, or, if they were not further wanted, their destruction ; Mr. Mongan therefore came to me, and I sent him to the acting Colonial Secretary, to receive any instructions. He accordingly pro- ceeded to the acting Colonial Secretary, and very few words appear to have passed between them, upon what could at that time have been consider- ed by either of them the mode of dealing with a great mass of Chinese. papers, which had lost all importance, and were destitute of even any inter- est, Ma Chow Wong being in Gaol, and no other party at this time mentioned in connexion with them. Mr. Mongan did not report to me the result of his conversation with the acting Colonial Secretary, but acted by his advice and burnt the books forthwith. I heard nothing further whatsoever from any one on the subject until after the Caldwell Commission had commenced its sittings, and then, to my surprise and regret, I learnt what had taken place. In thus expressing myself, I do not attribute blame either to Mr. Bridges or Mr. Mongan, for it was impossible that they or any one else could, in the mouth of March, have supposed that the Attorney-General would, in the following May, bring long dormant charges against the Registrar-General, and fasten upon the destruction of these books as a means for further extend- ing his incriminations ; but, if consulted, I should have desired all the docu- ments to be restored to the custody of those who had the ordinary charge of * A perusal of the Parliamentary Papers on the subject of the Caldwell-Ma Chow Wong connexion throws a different complexion upon the whole of this sad and disgraceful matter. Sec the case against Mr. Tarrant, Chap. xxv., infrd., and also the report of the Exeentive Council in September, 1861, where the Council unanimously recommended Mr. Caldwell’s dismissal as his “long and intimate connexion with the pirate Ma Chow Wong was of such a character as to render him unfit to be continued in the public ser- yice.”—Vol. 11., Chap. XXXV. + Chap. x1x., p. 447. t+ See anté Chan. XVTI1.. n. £35. SIR JOHN BOWRING REPORTS MR. ANSTEY’S SUSPENSION. 527 such documents. Ihave only to add to this long episode, that up to the Chap, XXIII. time of their destruction in March, it was never hinted to me or the acting ee Colonial Secretary that Mr. Caldwell’s name was in any way implicated with 1858 these books, and no one has ever even suggested that Mr. Caldwell was cou- sulted about, or knew, that they had been burnt. 51. Upon this state of facts I leave you to form your own opinion as to the conduct of an Attorney-General, appearing only as a witness, who ven- tures to advise the Commission to apply against Mr. Caldwell the maxim, “Onna presumuntur contra spoliatorem,” and most unjustifiably insinuates that these books (now inaccessible for condemnation or defence) contained damning proofs of Mr. Caldwell’s guilt, there not being a tittle of evidence to support such a presumption, and then because other gentlemen, without Mr. Caldwell’s knowledge, had put these books out of the reach of the Commis- sion, that body, who naturally would respect the law laid down by the law adviser of the Crown, are to find, as proved against Mr. Caldwell, anything which the malice or ingenuity of his enemies can invent or suggest. 52. This portion of the case alone convinces me, and must, I think, be equally full of conviction to you, Sir, that Her Majesty’s service cannot be honourably served by a law officer who can think and speak as Mr. Anstey has done in this instance. 53. But there remains still one more matter, personally affecting both my- self and the acting Colonial Secretary, which far more than all the rest shows the vindictive and intemperate nature of Mr. Anstey, and the impossibility of his continuing to hold an office, which above all others demands close official confidence between the Governor and its incumbent. At the 15th day’s sitting Mr. Anstey introduced a most irrelevant statement, to the effect that I had, shortly after his arrival, complained to him of the malpractices there- tofore existing in the department of the Attorney-General.* 54, The object of this most unnecessary allusion could, of course, be but one, viz., to give fresh vent to that unceasing feeling of animosity which Mr, Anstey has so constantly exhibited to the previous ocenpant of his office, the present acting Colonial Secretary, Mr. Bridges. 65. It is true that some conversation did take place between myself and Mr. Anstey, as my confidential legal adviser, soon after his arrival, and in the freedom of such intercourse, no doubt, I afforded material upon which the most unwarrantable, not to say wicked, superstruction has been raised by Mr. Anstey. 56. My recollection of what took place more than two years ago amounts to this effect : I mentioned to Mr. Anstey that I had heard Mr. Bridges had been engaged in commercial transactions, lending money at a high rate of interest, and having securities deposited at his own house, and that it appear- ed to me such sources of profit were not compatible with his professional po- sition. I may add, that I did not conceal this opinion from Mr. Mercer, the Colonial Secretary, who thought the Government had nothing to do with the manner in which Mr. Bridges invested his money, such investments never have been associated with any charges of dishonesty or fraud. 57, As regards Mr. Bridges’s opinion as a lawyer, I certainly stated, as Mr. Anstey was entitled to know, that there had been cases in which those opinions had not been confirmed by the authorities at Home—cases in which he had differed from me, but without opprobrium to himself as my own per- * Anté p. 505, 528 HISTORY OF THE LAWS, ETC., OF HONGKONG. Chap, XXITL. sonal experience, position on many occasions as commercial comnrissioner, 1858. and parliamentary status had given me advantages over a gentleman, whose practice before he came to the Colony had certainly not been great. 58. And I probably added, though I havea less distinct recolleetion of this, that I_ thought the private practice of the Attorney-General was not always compatible with his engagements to the Crown, that duties and interests sometimes clashed. This opinion I have frequently expressed ;* it concerns Mr, Anstey as much as Mr. Bridges, for in cases where large fees have been paid to the Attorney-General by one of the litigant parties, Lhave felt myself precluded from consulting him, when such eases have been before me on final appeal. 59. But I could never have supposed that the confidence which usually exists between gentlemen in their private intercourse would be violated, and my words distorted, exaggerated, and tortured, in the manner of which Mr. Anstey has given so extraordinary an example. 60. Mr. Bridges spoke to me as to the charge thus brought against him by Mr. Anstey, but I declined to take official cognizance of anything said before the Commission by any witness, until all the proceedings were before me, but told Mr. Bridges that his appointment by me to his present office, ought to be a sufficient proof to him that I had never laid official malpractices to his charge. It would seem that Mr. Bridges considered this explanation sufficient in the first instance, but finding that the Commission had printed Mr. Anstey’s statement and allowed it to be published, he demanded from them the opportunity of being heard in reply. 61. It would have been more prudent in my judgment, and more dignified, if Mr. Bridges had adhered to his original resolution, and have left me to justify or explain to Her Majesty’s Government the true facts of the ease, but he was entitled to be the judge in his own matter. His action was, how- ever, entirely his own; I, in no way, participated in it, although Mr, Anstey abstained subsequently from asserting most falsely that I authorized and even co-operated in the step thus taken by Mr. Bridges, 62. Mr. Anstey’s counter-statement, in reply, will be, Sir, I trust, carefully perused by you in its entirety, for it contains an amount of misrepresentation and acrimony, which will, I think, be with difficulty paralleled elsewhere. 63. I have above stated what the real nature of my communication to Mr. Anstey was, and you will be able to judge with what unblushing vehemence of mendacity he has added to and distorted it ; but this, bad as it is, was not sufficient for Her Majesty’s Attorney-General; ‘vires acquirit eundo,” and when his harangue terminated by a charge before unheard of, and never before or since attempted to be supported by one iota of evidence, against Mr. Bridges, of being convicted of seeking his own eseape from publie odinm: aml contempt, in the destruction of public records, of whieh he was. the custos, and which contained the damning evidence of his own complicity, or that of his subordinates with thieves, resetters, murderers, and pirates; from that moment it became self-evident that even calumny had with Mr. Anstey no limits, and that, in the intemperance of his passion, falsehood had no shame for him, 64. It would not be difficult for me to give further instances, in addition to these, but I refrain from doing so, for the task is both wearisome and repug- nant to my feelings. I am, moreover, satisfied that unless you are alveady * Anté Chap. XXI., p. 76, SIR JOHN BOWRING REPORTS MR, ANSTEY’S SUSPENSION. ‘529 convinced of the impossibility of so unfit man as Mr. Anstey has proved Chap. XXIII. himself to be for the office of Attorney-General continuing a member of this Government, it would be impertinent in me to press the subject at greater length upon you. , 1858, 65. The Caldwell Commission presented its report to me, dated July the 17th, on July the 19th, and I must refer you, Sir, to this document, which I believe is considered by all parties most unsatisfactory. I feel it necessary to examine some of the grounds upon which its conclusions rest, and which, in so far as they are unfavourable to Mr. Caldwell, are in my judgment unwar- ranted by the evidence. Mr. Day, the present acting Attorney-General, who was the barrister selected by the Commissioners themselves to assist them, has, at the request of the acting Colonial Secretary entered at some length iuto an examination of the report, which task, from his thorough acquaint- ance with theevidenée, he was perhaps the most competent person to perform, at the request of the Lieutenant-Goveruor and the General. I transmit Mr. Day’s letter herewith, and I think a careful perusal will show how nearly, in the opinion of an unprejudiced lawver, the Commissioners have strained every point which could possibly be made to tell against Mr. Caldwell. 66. The decision on the first charge, as to whether Mr. Caldwell was or was not fit to continue a Justice of the Peace being decided in his favour, even by a tribunal which had been extreme to mark anything which he had done amiss, I could regard in no other light than a general acquittal even by it, and I have now therefore the honour t@ report to you my conviction that, with one exception, and that amounting to not more than an indiscretion (the search of “ Assow ”),* Mr. Caldwell has come blameless out of one of the most searching investigations to which man was ever subjected in an English community. 67. The necessity was now incumbent on me of calling the Attorney- General to account for that line of conduct which, suitably following up a series of official quarrels seldom, I believe, paralleled in any other locality, had kept the Colony in a flame for so many weeks, and during which his increasing spirit of insubordination, promised, if unchecked, to attain such a height as necessarily to bring the Government into contempt, and reduce what might be a tolerably well regulated community into a chaos of dis- order. 68. The evidence having been submitted to me in manuscript on the 19th of July, I devoted myself to a careful perusal of it, and on the 28rd, directed the letter of that date, which is appendeg hereto, to be written to Mr, Anstey. In order that Mr. Anstey might at once see the gravity of the position in which he had placed himself, I caused to be intimated to him, in this preli- minary letter, that unless he sent in a satisfactory reply, a reference would ensue to the Executive Couneil.f I did this under the idea that I was acting most fairly by him in so doing, and hardly expecting that anew favore act of this description would be attempted by him to be twisted into an irregula- rity. I may also here mention that throughout its sittings the Commission printed de die in diem, but did not communicate them to me, the proceedings of each day, and that as Mr. Anstey attended every sitting of the Commission, with, as I am informed, at most five exceptions, and as each day he had handed to him the printed evidence for his perusal, and his own evidence occupies part or the whole of not less than eighteen pages, Mr. Anstey might well be expected to be tolerably informed as to the progress of the case. 69. On the same day Mr. Anstey returned the answer found in the ap- pendix, and dated July 24. In this letter he assumes a Fabian poliey, and reiterates his repudiation of any responsibility on account of the charges * See the Report of the Commission, anté p. 508, f Ante p. 509, coW 30 “HISTORY OF THE LAWS, ETC., OF HONGKONG. 4 Chap. XXIII. brought against the Registrar-General,* forgetting apparently for the’ time 1858, that he had denied my jurisdiction by an appeal to the Secretary of State, in the shape of an impeachment of this Government. He afterwards again resumes the position of being independent of my jurisdiction. There is, however, one point stated in this letter which is peculiarly worthy of your attention when you hereafter find Mr. Anstey complaining of the scant justice done by the Commission. Whether Mr. Anstey was prosecutor or witness, it certainly surprised me not a little to find that on the 24th, more than a week after the Commission closed its labours, Mr. Anstey was correcting his own evidence when in the printer’s hands. Such a laxity of practice, on the part of the Commission, is almost inconceivable, for it opens 2 door to almost any correction, according to the greater or less scrupulosity of the corrector. 70. On the 28th July a complaint came in from Mr, Anstey against the Commission for not printing all the documents which he considered to be necessary appendices to the evidence, which extended over 98 pages of double columns. 71. For this injury to his cause, even Mr. Anstey does not pretend to blame the Government. I gave the Commission carte blanche to print what they liked without any limit. These protests, coming from a party who denies. being an accuser, but represents himself as merely a spectator, or an unwilling witness, speak for themselves. 72. Mr. Anstey answered the official letter of the 23rd on the 31st; his reply is dated the preceding day, Friday, but was not received until about 11 a.m. on Saturday. This document, consisting of about 34 closely-written pages, almost defies analysis or comment on my part from the: vagueness of the manner in which it either eludes the topies which had been brought to his attention by the letter of July 28rd, or the bold form of contradiction behind which the writer retrenches himself where that style of defence better suits his purpose. This letter shows, in my opinion, in a still more aggravated form, the same errors which had in other cases disfigured Mr. Anstey’s con- duct ; he will under no possible circumstances ever admit that he has been wrong, although it be clearly demonstrated to every one else that what he considers a fact is a creation or distortion of his own imagination ; when charges that he has brought have been disproved, he reiterates them with increased acrimony ; when the judges of his cause are on his side, they are, everything which is upright and straightforward ; when they presume to differ from him, they must be actuated by motives of an unworthy and hostile nature. ® 73. I have already gone over much of the ground retraced by Mr, Anstey in this letter ; but I shall notice some points in it, leaving the whole of it for your consideration, as a further test of the meaning which this officer places upon the term subordination, as applied to himself and his superiors in office. 74. Mr, Anstey refers to'a letter sent to the acting Colonial Secretary by the President of the Commission, after it had ceased to exist, and in which that officer somewhat unnecessarily takes upon himself to inform me that their report. was simply intended to refer to the charges as they affect Mr. Caldwell, and that by it they did not intend to impute anything in the shape of misconduct to Mr. Anstey or Mr. May. This fact is self-evident, and it would have been a rather singular addition to other eccentricities of, action, had the Commission constituted itself a judge of persons not on trial before * Anté p, 510.—They had been drawn up by Dr. Bridges by direction of Sir John Powring, us Mr, Anstey’s charges—see paragraph 88 of Sir John Bowring’s despatch, ante p, O23, SIR JOHN BOWRING REPORTS MR. ANSTEY’S SUSPENSION. 531 them. It was for the Government, having that report, and the charges and Chap. XXIII, the evidence before it, to say whether the publie servant, who had ereated = the necessity for this Commission, and whose conduct before it could only be —-1858. judgel by the Government, had or had not acted properly. Mr. Anstey, however, wishes to carry this letter still further, and construe it into an approval of his conduct. He is entitled to draw no such deduetion. 75.. Mr. Anstey, to further strengthen his position, addresses, without my sanction or knowledge, the unofficial Justices of the Peace, asks them for their opinion on a point upon which it is ntterly impossible they should be in a position fairly to pronounce until they had carefully weighed the charges, the evidence, and then the report of the Commission. Five of these gentle- men, consisting of two merchants, two bank employés, and a ship surveyor, do not hesitate to put on record (according to Mr. Austey’s letter, for other- wise I have not heard a syllable on the subject) letters which, while they show the amount of party feeling existing on this subject, also convict the writers of a want of that calm and deliberate consideration which in that case was specially demanded.* 76. The name of Mr. Bridges is, of course, introduced by Mr. Anstey into this letter, as having said something on the Club steps about Mr. Anstey leaving the Colony within eight weeks, and that gentleman has requested me to mention that this statement is totally without foundation, and, in, fact, his shattered health had, until the last few days, been such as to prevent his doing more than move from his private residence to Government offices and back again. : a, td ; 77. As the Executive Council consists but of three members in addition to myself, viz., the Lieutenant-Governor, Lieutenant-Colonel Caine; the Senior Military Officer, Major-General Sir Charles van Straubenzee, K.c.B., (who was quartered at Canton, and only visited Hongkong on receiving summons from me to attend the sittings of Council), and Mr. Bridges, who very properly} declined to vote on any matter relative to Mr. Anstey. I was under some difficulty as to the procuring the necessary quorum of two besides myself, when taking the advice of my Council in these troublesome questions. 78. But there was, moreover, an additional peculiarity about this case, laying entirely aside Mr. Austey’s conduct with regard to Mr. Caldwell individually, and algo the offensive and hostile attitude he had taken up with regard to the Colonial Government before the Commission. I had also to point out to the Council the incessant perturbations of the public peace emanating from the Attorney-General, and which almost by themselves demanded his removal. The details of Mr. Anstey’s previous dissensions were all on record, and were well known to him at any rate, and while refer- ring to them as matters of history, in asking the advice of my Council, I did not think it necessary to found specific charges upon them. 79. You will find, Sir, Mr. Anstey raising technical objections as to the form of the proceedings before the Council. Taking what I have mentioned in the three preceding paragraphs into your consideration, you will be able to judge whether Mr. Anstey had-not only, in fact, the opportunities for a sufficient defence required by the Colonial Regulations, but, even more, Mr. Anstey having, as I have before stated, been put fully on his guard by the letter of 23rd July, as to the possibility of his case being brought before the Council, seut in his letter in answer to me, after more than a week’s delay. 80. That letter I deemed most unsatisfactory, and the General having come down from Canton on Monday, Angust the 2nd, I stmmoned the * The Justices thus alluded to were the Honourable John Dent, M.L.c., Mr. J. D, Gibb, Mr. Patrick Campbell (manager of the Oriental Bank), Mr. W. Lamond (Sub-manager of the Oriental Bank), and’Captain Rickett, all of whom agreed that Mr. ‘Caldwell was unfit to remain in the commission of the peace, and. were the Justices who also concurred in the opinion of the minority as alluded to anté p. 502. + Sce the reason assigned by him, anté p, 514, 532 Chap. XXII, 1858, HISTORY OF THE LAWS, ETC., OF HONGKONG, Executive Council, laid Mr. Anstey’s letter on the table, stating it in my. opinion to be unsatisfactory, and then proceeded to lay before them all the matters connected with Mr. Anstey, which had compelled me to resort to them for advice. 81. On the documents and statements then considered by the Council, certain resolutions were passed by it, which without in any way determining whether the Attorney-General should or should not be suspended from office, were to be taken as expressions of opinion by that body, on Mr. Anstey’s general conduct, and not without weight as to the propriety of continuing him in his position, when the question of his suspension afterwards came before it. 82. The second of these resolutions may demand some explanation; the others will, I think, speak for themselves. I particularly drew the attention of the Council to the subject matter, which was afterwards embodied in the second resolution, because having received from Mr. Labouchere, then Secre- tary for the Colonies, with regard to Mr. Anstey, certain instruetious to be pursued with regard to his suspension, when he had wrongfully accused the Chief Justice.* I thought the precedent useful for the information of tie Council, and I also thought it fair to point out to Mr. Anstey, who stood in a similar position now with regard to myself and the acting Colonial Secre- tary, to the oue formerly held by him towards the Chief Justice, how narrowly he had before escaped the punishment again impending over him. 83. I incur the risk of wearying you, Sir, with all these minutia, because after having taken every step with the most cautious deliberation which the peculiar circumstances of the constitution of my Executive Council admitted, I find it, and myself, violently assailed Mr. Anstey, for having condemned him untried and unheard. 84. If I have erred in any way against the spirit of my instructions, it has been by excess of opportunities for defence afforded to this turbulent man, certainly not by any restriction of such opportunities. 85. The General was compelled to return at once to Canton; and having named the following Saturday as the day on which be could most conveniently attend to form a quorum, I caused the resolutions of the day’s Council te be conveyed to the Attorney-General, with an intimation that he had until the following Saturday to send in in writing such further statements as he might deem necessary. 86. The records of the Colonial Office will exhibit proofs of the wonderful facility with which Mr. Anstey runs over the most voluminous epistles, and even from him I did not expect the plea that fuur days, totally free from all official business whatsoever, was too scant a period for the preparation of h's defeuce. A portion of the 3rd of August, one of those given him for his defence, was employed in producing the letter of that date. 87, Ilaving been allowed the perusal of all the extracts of despatches which had been laid before the Council, many of these being the despateh in its entirety, he invents a grievance because he was uot allowed the perusal of documents which in no way related to him; he then proceeds to impugn the regularity of the proceedings of the Council, while protesting against its jurisdiction, and finally. calumniates in as far as in him lies each member of Council in succession, by a tour de force which it is impossible to explain or to understand ; he attempts to make out that it is the acting Colonial Secre- tary who is on his defence, and not himself ; and that because the Lieutenant- Governor in April last entertained,} as he still does, a strong feeling of friend- ship for Mr. Bridges, therefore in August (Colonel Caine) should not sit in * Anté Chap. XVI. § I1., p. 386. + Anté Chap. Xx1, pp. 472, 473. SIR JOHN BOWRING REPORTS MR. ANSTEY’S SUSPENSION. 533 Council on Mr. Anstey : again, because through his overbearing disregard of Chap, XXIII. all rules not framed by himself, he was taken up by the Provost Marshal in _ Canton, and locked up for the night last January,” he imputes a bias to Sir 1858. — Van Stranbenzee, which is to over-rule the obligation of his oath of office. 88. My. Bridges, as usual, is grossly slandered ; and although Mr. Anstey had seen from the proceedings in Council that gentleman declining to vote, in order to avoid the appearance even of unfairness towards lis bitter perse- cutor,f yet the Attorney-General does not hesitate to inform his superior officer, the acting Colonial Secretary, “ You more than myself on your trial, and greedy for my succession.” I need not also remind you that it is with My. Bridges’ most ready concurrence that I have since appointed not Mr. Bridges, but another gentleman, to act in the office vacated by Mr. Anstey. 89, Of myself it is said, by my legal adviser, that, disguise it as I may, I am his chief accuser. For ouce Mr. Austey has merely stated the truth ; I am his chief accuser, and 1 am so as the representative of Her Most Gracious Majesty the Queen, as the guardian of public morality, and the highest offi- cial authority for the maintenance of law and order, I feel my responsibility, and certainly do not shrink from it. 90. I crave your particular attention to this letter, Sir, for it and the simi- lar and subsequent memorandum are not among the lightest reasons which necessitated the removal of Mr. Anstey from the public service. 91. I saw nothing in this letter of Mr. Anstey’s to alter my determination of referring his case to the consideration of the Executive Council, aud 1 therefore directed an intimation to be conveyed to him that, as he himself re- quested at the conclusion of the document, it would be submitted to that body. 92. Sir Charles Van Straubenzee having again returned from Canton for the express purpose, the Executive Council assembled on Saturday, August the 7th, to consider the propriety of suspending the Attorney-General. It was summoned to meet at ten o’clock, and about that hour the accompanying memorandum was received from that officer. This document demands the * following observations from me. The protest against the jurisdiction of the Council is repeated, with this addition, that such jurisdiction had never exist- ed. A statement is made that Mr. Anstey had not sufficient time allowed him to prepare his defence, because during part of the days allotted to him, he was employed on heavy professional business, “ three whole days,” accor- ding to his letter. You will observe, from the minutes of Council how even this fact is exaggerated : on two of the four days there was no Court busi- ness whatsoever ; on the other two days the Court did not sit until two p.m., and on one of these last mentioned days, Mr. Anstey’s professional business did not occupy half-an-hour. Besides, his business was private, not official, aud could easily have been. adjourned, had he desired it. Iam thus particu- lar in dealing with this point to show that even to a slow penman there would have been no hardship ; whereas by a writer of Mr, Anstey’s extra- ordinary power of execution in covering quires of paper, the allegation of want of time seemed out of place. The pretext of the appeal to your supe- rior jurisdiction is still persevered in, If Mr. Bridges has been more or less at issue with every other department, such a fact has not come within my cognizance, aud has assuredly not assumed an official shape. 93. But, above all, must I observe npon the astonishing fabrications which are to be found in paragraph No. 29, and the still more remarkable outburst of insubordinate feelings in the conclusion of this memorandum. It is abso- lutely false that Dr. Bridges obtained in the name of the Governor a day and an hour for making comments upou Mr. Austey’s testimony. Dr. Bridges did . * Anté Chap. Xx. § I1., p. 463. + The real reason assigned by Dr. Bridges for not voting: was statel by him at the time of Mr, Austey’s suspension —scc anté p. 514; also see Chap, XXIV., infra. 534 HISTORY OF THE LAWS, EIC., OF HONGKONG. Chap. XXIIL it proprio motu without even mentioning the matter to me at all, and:he did 1858. so, a8 I have above stated, in consequence of the unprovoked allusion, on Mr. ‘Anstey’s part, to malpractices of his as acting Attorney-General. It is: ab- solutely false that I entrusted to Mr. Bridges for the purpose in question any documents on any day. The documents which Mr. Bridges produced .were the originals, which were in his own possession, and several of which I have never seen up to this moment, nor did they emanate from my Government ; such, for instance, as a private letter from Mr. Mercer, a letter from Admiral Sir J. Sterling, and addresses from the Euglish and Chinese communities here, copies of all of which Dr. Bridges informs me were lodged in Downing Street in 1856. It is absolutely false, and Mr. Anstey never had a shadow of a ground for saying that the charge of constitutional aberration from truth which Dr. Bridges undoubtedly did retort on Mr. Anstey, was made in my name, or with my knowledge. Dr. Bridges had himself to defend, and is quite capable of doing so, without using me as a shield. Mr. Anstey had, therefore, none of the justificatory reasons which he alleges in support of his betrayal of my confidence and distortion of my words, and certainly no at- tempted justification was ever put in a more offensive shape by an inferior to a superior. 94. The Executive Council assembled, as I have stated, at 10, and sat until four: its minutes will detail to you the course of its proceedings, which, I say in all honesty, fairly exhausted the whole subject before coming to a decision. 95. Mr. Austey’s suspension was decided upon on several grounds, each of which was, in my opinion, more than suflicieut to incapacitate, him from a further tenure of office : his incessant quarrels, his unsounduess and danger- ous character as the confidential law adviser of the Crown, his conduct throughout the Caldwell Commission, both as regards his superior and in- ferior fellow-servants of Her Majesty, the insubordinate, intemperate, and offensive attitude which he assumed towards myself as Governor, and to- wards the Executive Council as a body. 96. This suspension, without doubt or hesitation, I ask you to confirm : no man has ever had greater latitude allowed him than Mr. Anstey, under my Government. No man could have abused his liberty more, and it is fit that he should reap as he has sown. 97. In the position in which this Colony and I, personally, have been placed during « period of extreme solicitude, perplexity, and responsibility, it has greatly added to my anxiety and labours—-greatly interfered with the quiet and serious discharge of singularly complicated public duties—to be scarcely ever free from reference in some or other misunderstanding among officials in the Colony—almost always created or fanned by Mr, Anstey’s intem- perance. He has appeared to me unable to exist out of a turbulent and tem- pestuous atmosphere, and to possess the unhappy art of creating storms which it is not so easy to appease ; and, on a review of the past, I feel that I can far more easily justify the final resolution in which I have been supported by the cordial unanimity of my Council, than excuse myself for having so. long submitted to so much insubordination and disrespect ; insubordination to my authority—disiespect to my station aud my years. I have, ete., : (Signed) Joux Bownrine. The Right Honourable Sir Epwarp Bb, Lytron, Bart., u.r., = Secretary of State for the Colonies, THE BISHOP OF VICTORIA ON GOVERNOR BOWRING, 535 Masterly for its purpose as this despatch may appear, its Chap. XXIIL immediate purport, as it so clearly shows, was, neverthe- less, but an intemperate onslaught upon Mr. Anstey con- sequent upon his unwise disclosures, and in extenuation and vindication of the conduct—and of Sir John Bowring’s extra- ordinary but now necessary support—of Dr. Bridges and his acolyte, Mr. Caldwell. In his endeavour to save his now tot- tering administration, and to exculpate these two unprincipled persons, Sir John Bowring, as has been seen, neither spared those officials who had run counter to his views, or rather the wishes of Dr. Bridges and Mr Caldwell, nor even the Justices of the Peace who had voted in the minority which had con- sidered Mr. Caldwell unfit to be a Justice of the Peace,* or the Caldwell Commission of Inquiry which had disposed of the charges drawn up by Dr. Bridges, and which Commission never for a moment anticipated such a termination, as the result of their delicate labours. f Taken with the facts now familiar to the reader, it was there- fore not astonishing that the Newcastle Foreign Affairs Asso- ciation, when addressing the Duke of Newcastle on the subject of Mr. Anstey’s treatment,-—which, it is needless to say, met with resentment from various other quarters in Enyland,-—should have said that they had convicted Sir John Bowring of *falsehood.’’§ The records hereafter will show that while Mr. Anstey’s dis- missal rested indirectly on his indiscretions and subsequent relations with the Government, and that Mr. May was comple- tely absolved of all imputations, both Dr. Bridges and Mr. Caldwell met with nothing but their long and well-merited deserts. The Bishop of Victoria, who until this time had kept well aloof from all the dissessions prevailing in Hongkong, must have been disgusted to find that a communication of his, addressed to a private friend at Home, was reproduced in The Record, a paper published in England. That part only having immediate con- cern with the present work is now extracted, and, coming from the source it does, may be taken as a fair exponent of the true state of affairs then prevalent in Hongkong. As will be seen the bishop evidently had ransacked his chalice of charity to give Sir John Bowring its contents. His letter was dated ‘Hongkong, August 24th, 1858.’ * * at a * * “Our Governor, Sir John Bowring, looks very ill; and I think he cannot last very much longer with his many harassing cares in this trying climate. * See paragraph 75 of Sir John Bowring’s despatch, anté p. 531. + See paragraph 38 of Sir John Bowring’s despatch, anéé p. 523. + Paragraph 74 of Sir John Bowring’s despatch, unté pp. 530, 531. § See Chap. xxx1., infrd, Also article in The Morning Herald of the 28th April, 1859,—Chap. XXVI., infrd. 1858. The Bishop’ of Victoria takes a charitable view of Sir John Bowring. 536 HISTORY OF THE LAWS, ETC., OF HONGKONG. Chap. XXIIT. He is involved in a great deal of trouble just now in the internal administra- 1858, Sir John Bowring as belonging “to an unsatis- factory political and religious school.” tion of the Colonial Government ; it is likely that the matter may be mooted in the House of Commons. I hope Conservatives and churchmen may pursue a generous part towards him. He is undoubtedly an able and well-intended man, and both as Consul at Canton in former times, and more recently as Governor of this Colony, he has always maintained an example of the strict- est morality, He belongs to an unsatisfactory political and religious school ; but, in per- sonal kindliness of disposition and a desire to benefit the local Chinese popula- tion, he has shown himself worthy of every consideration. He has fallen on troublous times. His wife is lately gone to England, having never recovered the effect of the Chinese poisoning.* The greatest enemy Sir John Bowring ever had would be melted to pity and sympathy if he could see the slow but certain progress of sickness and infirmity creeping over him. His public policy and local polities I, of course, have nothing to do with.” cd co cS * * * The statement in this letter that Sir John Bowring “cannot last much longer with his many harassing cares” and that his “oreatest enemy would be melted to pity and sympathy if he could see the slow but certain progress of sickness and infirmity creeping over him” cannot at this date be thought otherwise than ludicrous. Sir John Bowring, who was now sixty-six years of aget whatever he may have looked, evidently could not have been so bad, for not very long after the death of his wife he re-mar- ried, which gave rise to the most jocular remarks upon the sub- ject locally, and, as will be seen, he did not die till 1872, fourteen years after the above letter was written.{ As to the statement that.“ Sir John Bowring belonged to an unsatisfactory political and religious school” § and that as regards “his public policy and local politics” the bishop, “ of course, had nothing to do with,” that seemed inevitable, though these appeared to be the very points on which satisfaction had been required of the Governor. It is hardly necessary to say that advantage was now taken of this letter to heap further abuse upon Sir John Bowring, though it must be admitted that he had made a great mess of things generally in Hongkong. * See anté Chap. Xx. § IL, p. 471. + He was born in 1792—anté Chap. XL, p. 227, note, } See Chap. xxvil., infra. § Sir John Bowring was a Radical in politics and a Unitarian by religion. or Qo “I CHAPTER XXIV. 18358. Mr. Inglis appointed Harbour Master and Marine Magistrate—Wr. J. Scott, Governor of the Gaol,—Chinese callousness with respect to suicide. A triple suicide in the Gaol.— Mr. Scott confirmed as Governor of the Gaol.—Dr. Bridges wishes to be relieved of the acting Colonial Secretaryship.—The Attorney-Generalship in view.—Condition on which Dr. Bridges was prepared to remain in office. —Resignation of Dr. Bridges. Mr. Forth, acting Colonial Secretary.—Mr. Anstey goes to Manila.—Death of Mr. Day, acting Attorney-General —Secretary of State's approval of Mr. Day, as acting Attorney-General. «—Mr. Green appointed acting Attorney-General.—Criticism.—Meeting of the Legislative Council.—F reedom of speech. Governor Bowring’s proposal to make members of Council answerable for attacks on private character.—Sir John Bowring’s explanation of the ‘distorted’ statements made by Mr, Anstey in regard to Dr. Bridges and himself at the opium monopoly inquiry—The Secretary of State upon the careless manner in which legislation had been conducted in the introduction of Acts of Parliament not applicable to the Colony.—Lists of Imperia] Enactments and Rules and Orders of the Superior Courts at Westminster which were introduced by Ordinance No. 5 of 1858.—The Secretary of State’s despatch.—The report of Sir Frederic Rogers and Mr. Merivale.— Disallowance of Ordinance No. 13 of 1858.— Disallowance, when notified —Sir John Bowring’s appoint- ment of Dr. Bridges as counsel to the Superintendency of Trade on the suspension of Mr. Anstey.—Mr. Anstey’s complaint to the Secretary of State.—Sir John Bowring’s despatch. —Mr. Anstey and Dr. Bridges resume their old conflict—An unpleasant scene in the Supreme Court.—The Chief Justice's attitude.—Mr. Anstey on Dr. Bridges. He breaks out in poetry.—Dr. Bridges’ gorgeous signboards.—Professional etiquette—Mr. Anstey and Dr. Bridges in Court again. ‘Legal practitioners who swing Chinese signboards upon the public road.’ The decorous behaviour of the Chief Justice—Execution of a private of the Royal Marines on board H.M.S. Hesper for murder.—A subsequent case in which a soldier who murdered a comrade was handed over to the civil authorities.—Ma Chow Wong and other convicts despatched to Labuan.—Mr. Caldwell’s grief.—Ma Chow Wong in Labuan.—Conspiracy to murder. His sentence increased.—The free pardon subse- quently granted him. : Chap. XXIV, At a meeting of the Executive Council held on the 25th August, yy. mens Mr. Inglis, the Governor of the Gaol,* received the appointment sppointed of Harbour Master and Marine Magistrate in succession to Cap- Master tain Watkins,} being afterwards confirmed in the appointment. and Marine Mr. Joseph Scott replaced Mr. Inglis. Mr. Scott, formerly 3). "5, scott, in the ranks of the army, had for some time been employed in Governor of the Surveyor-General’s Department. eee An account of a triple suicide in the Gaol, not unlike that Chinese callousness recorded in this work early in 1845,} characteristic of Chinese with respect callousness with respect to suicide by hanging, was given by to suicide. Mr. Inglis shortly before severing his connexion with the Gaol. 4 tiple Mr. Inglis reported that three pirates, who had been committed in the Gaol. for trial and were confined together in one cell where there wasa window with two iron bars, determined upon taking the jurisdic- tion of the case into their own hands, instead of undergoing the additional troubles of confinement and of trial at the Criminal * See anté Chap. XVIIL., p. 428, as to this title. {+ Anté Chap. XIv. § IL, p. 342. t Anté Chap. 111, § IL, p. 75, 538 Chap. XXIV. 1858, Mr. Scott confirmed as Governor. of the Gaol. Dr. Bridges wishes to be relieved of the acting Colonial Secretary+ ship. The At- torney- Generalship in view. Condition on which Dr. Bridges was prepared to remain in office. Resignation ot Dr. Bridges. Mr. Forth, acting Colonial Secretary. Mr, Anstey goes to Manila. Death of Mr. Day, acting Attorney- General. HISTORY OF THE LAWS, ETC., OF HONGKONG. Sessions, and having condemned themselves to death, doubtless anticipating their fate, these men determined upon hanging themselves from the iron bars of the window. The way in which they proceeded was by two of them first suspending themselves with the aid of the third, and when animation in these two was extinct, the third cut down one of his dead com- rades gently, laid him on the floor, and then suspended himself by his own tail, and all this was done so quietly, that the suspi- cion of the sentry at the window was never roused by any sound ! By Government Notification on the 23rd May, 1859, Mr. Scott was confirmed as Governor of the Victoria Gaol. Asmay be remembered Dr. Bridges had asked at the latter end of July last to be relieved of the acting Colonial Secretaryship.* This could not have been simply on the ground, as alleged, that he wished ‘‘to resume the exercise of his profession” as he already enjoyed the extra privilege of private practice, and other reasons must be sought for, namely, that he had sickened under all the disclosures that had been made in reference to himself} and also that, given a reasonable lapse of time between his resignation of the acting Colonial Secretaryship and the supercession of Mr. Anstey, he would stand a chance of receiving the substantial appointment, the more soas he had been recommended for the post by Sir John Bowring, in the event of Mr. Anstey’s sus- pension being confirmed.{ Accordingly on the 26th August, he again addressed the Governor and asked to be allowed to resign, the latter asking him, in reply, to defer his resignation ‘until the inquiries connected with Mr. May” in reference to charges brought by the latter in conjunction with Mr. Anstey against Mr. Caldwell “shall be terminated. ” . Dr. Bridges then stipulated that he would consent to remair in office “on the understanding that he held the position until Mr. Mercer’s return.” To this Sir John Bowring could not ac- cede, and on the 28th August Mr. Forth, the Treasurer,§ was gazetted acting Colonial Secretary. Dr. Bridges further accen- tuated his resignation of the acting Colonial Secretaryship by also resigning his Commission of the Peace on the 1Uth Sep- tember, when his name was removed from the list of Justices. On the 5th September Mr. Anstey, who since his suspen- sion had remained in the Colony exercising his right of private practice, left for Manila on six weeks’ leave of absence. A few days after his departure, on the 21st September, Mr. Day, the acting Attorney-General,|| died. He was thirty-nine years of age * Anté Chap. XXIII, p. 509. + Ante Chap. xx1., p.472; Chap. XXIII, p. 505; see’ also paragraphs 56-58 of Sir John Bowring’s despatch, id., p. 527. { Anté Chap. xx111., p. 516, § lnfe Chap, XVIII, p. 427. DEATH OF MR. DAY, ACTING ATTORNEY-GENERAL. 539 and the senior barrister in practice in the Colony. It will not be in- Chap. XXIV. appropriate here, considering the position he held at the time, and at a very trying period, it will be admitted, to reproduce ees was said locally of this gentleman on the occasion of his eath :-— “We have to notice the death of Mr. John Day, the acting Attorney- General, from an attack of acute dysentery. He passed as a barrister of the Middle Temple in 1849, had some practice on the circuits, and in the end of 1855 came ont to this Colony, where his sound judgment and remarkable industry gave him a high position. Mr. Day held himself very much aloof from colonial matters, but all the more ou that account was he to be valued in the exercise of his own profession. Shortly after arriving here, an opinion of his, passed in ignorance of the place, was turned to a special purpose by the ingenious hands of Mr. Anstey ; but after that, he followed the wise course of confining himself to a conscientious fulfilment of his own special duties. Nor were these discharged by him from a purely legal or narrow point of view. As the legal examiner for the Caldwell Commission, and afterwards the commentator on the proceedings of that intelligeut Court,* be steadily brought to bear upon the subject an amount of common sense, legal acumen, and gentlemanly feeling, which were most serviceable to the Colony ; and we cannot forget that on that, and one or two kindred subjects, it was from Mr. Day we first heard a fair intelligent opinion, unbiassed by private interest or personal prejudice. But it is useless to speak good of one who has entered into the ‘Happy Valley.’ Rather, seeing how soon, in these lati- tudes, the night comes in which no man can work, it would be well if we all considered how mean, how miserable, our petty strivings for wealth, influence, and position are, and sought, more oan, to live worthy lives—the sole ‘necessity to fearless deaths.” : On the 18th January, 1859, it was notified that the Secretary secretary LOY bee Fas : 1 of State's of State had approved “the provisional appointment of Mr. ¢ vcval Day (since deceased) as Attorney-General of Hongkong pend- of Mr. Day, ing the decision of Her Majesty’s Government on the suspen- %yfonce. sion from office of Mr. Anstey.” T General. On the 23rd September Mr. Frederick William Green was mr. Green gazetted acting Attorney-General in the place of Mr. Day, pL ag deceased, and during the suspension of Mr. Anstey. This ap- Attorney. 1 eneral, 1858, * Seeanté Chap. XXIII., p. 507, and: paragraph 65 of Sir John Bowring’s despatch, i@., p. 529. + The following obituary notice appeared in Tie Law Times in reference to Mr. Day :— “The late John Day, Esq., who died whilst holding the post of acting Attorney-General at Hongkong, was the eldest son of John and Amelia Day, of Woodland House, Wellington, Somerset. He was born at Milverton, in Somersct, on. the 9th December, 1818. He re- ceived his education at the Grammar School at Ilminster, under the late head master, the Rev. John Allen, M.A., where he early distinguished himself as a classical scholar. After leaving school, he was articled to and served his time with Messrs. Norton and Chaplin, of 3 Gray’s Inn Square. In 1840 he was admitted a solicitor and attorney-at-law, and practised in that branch of the profession for some years at Maidenhead, Berks, and at Taunton, Somerset. In Michaelmas Term 1839 he embraced the higher branch of the pro- fession, and was called to the bar at the Middle Temple. He went the Western Circuit and Somerset Sessions until the latter part of 1854, when he proceeded to Bombay. In the autumn of 1855 he went on to Hongkong where he settled and practised at the bar ; and where he soon obtained a very extensive amount of business. In the beginning of Au- gust last, on the suspension of T. Chisholm Anstey, Esq., Mr. Day was a}pointed acting Attorney-General for Hongkong, which appointment he held at the date of his death, the 21st September following. He was married on the 1st October, 1851, to his cousin Miss Elizabeth Catherine Day, daughter of the late Alexander Day, Esq., of Milverton. Somer- set, and grand-daughter of the late Rev. Samuel Ashe, rector of Langley Burrell, Wilts. Mr. Day has left no children. His wife survives him, and is now on her way to England from Hongkong. Mr. Day has a brother, Lieutenant Estcourt Day, of the 26th Camero- nians.” ~ 540 Chap. XXIV. 1858, Criticism. Meeting of the Legislative Council. Freedom of speech. Governor Bowring’s proposal to make members of Council answerable for attacks on private character. ) HISTORY OF THE LAWS, ETC., OF HONGKONG. pointment took the public by surprise, because neither his short experience in Hongkong nor the state of his health entitied Mr, Green to the post, at all events over Mr. Kingsmill, who not only had priorclaimsas Mr. Green’s senior, but alsoas having previously filled the office during Mr. Anstey’s leave in India, the year before,* in a satisfactory manner, and especially as he had been a candidate for the position with Mr. Day at the time of Mr. Anstey’s suspension. Mr. Green took his seat in the Legisla- tive Council on the 4th October, his appointment as acting Attorney-General in place of Mr. Day being gazetted on the 12th February, 1859, as being approved by the Secretary of State. A singular coincidence to be noted in regard to this second appointment to the acting Attorney-Generalship consequent upon Mr, Anstey’s suspension, and denoting an unlucky omen, was, that in December, 1859, Mr. Green found himself com- pelled to resign the appointment owing to ill-health, dying some time after.} At the meeting mentioned above, Sir John Bowring proposed to introduce a clause in the rules, making members of the Coun- cil responsible at common law for any attacks they may make on private character. As will be seen the Legislative Council was divided as to its claims to what really amounted to Parliamentary privilege of entire freedom of speech, except as limited by its own rules, a majority, however, being opposed to the addition pro- posed by the Governor. The following is taken from the records of the time upon the subject :— “The Governor then stated that, owing to what had taken place in Council on the 10th and 15th of May last,§ he found it imperative to propose an addi- tion to the 16th regulation of the Legislative Council. That.rule was— ‘The members of Council shall have freedom of speech, and shall not at any time be questioned by Government for anything they have said therein; -—and he proposed to add the words,—‘ But the privilege of Council shall not protect any member in the utterance of slanderous or libellous matter, affecting the private character of individuals.’ He intended to send this proposal Home, but before doing so, should like to afford the Council an opportunity of expressing its opinion upon it. Mr. Dent objected to the clause, because the Council was a society of gen- tlemen, who were not to be supposed capable of uttering slanderous matter. Mr. Davies raised several objections, the chief being, that the eighteenth clause of the present rules provided the proper remedy. As connected with this matter, he would now request leave to table a protest, which had been intrusted to him by a member of the Council, regarding a breach of privilege. [On being asked if he professed to represent a member of Council, Mr. Davies stated that he held the protest from Mr. 'T. C. Anstey, who was still Her Majesty’s Attorney-General, and had not been ungazetted as a member of Council.] The protest referred to reference which had been made, after the rules came into force, to language used by Mr. Anstey several months ago. * Anté Chap. XIX., p. 439, ¢ Anté Chap. XxiII., p. 514. { See Mr. Green’s resignation noticed in Chap. Xxx., infra, and his death in Vol, IL., Chap. XXXVI. § Sce paragraph 35 of Sir John Bowring’s despatch, ante Chap, XXXIIL., p. 528. 1 GOVERNOR BOWRING ON FREEDOM OF SPEECH IN COUNCIL, 541 The protest of Mr. Anstey, which related to a circular the Governor sent Chap, XXIV, round the members of Council, and to the ascription to Mr. Anstey of the os charges brought before the Caldwell Commission, was then read, and, on the Abts motion of the Governor, was entered on the minutes.* “Mr, Lyall objected to the proposed addition to Rule 16th. He should be sorry to suppose that the authority of His Excellency, or whoever might be president of the Council, would be insufficient to prevent or restrain the utter- ance of slanderous matter. In the event of any member commencing to use slanderous language, it would be quite sufficient for the president to interfere, to demand an apology, or to put into force Rule 18, which provided that the imputation of improper motives might be considered “ disorderly.” The Surveyor-General thought that the proposed addition would cast a slur on the members of Council as gentlemen. Any libellous charges would be reported, and punished in the usual way. The Chief Justice said, in such a ease as that just mentioned, it was the publisher of the libel who would be responsible. = On a vote being taken, the motion was negatived by 2 to 6, the division being — Ayes. Noes. Acting CoLontau Secretary. Mr. Denr. Lizutenant-Governon, Mr. Lyati. Crier Macistrate. SuRVEYOR-GENERAL. Acting ATTORNEY-GENERAL. Cier JUSTICE. Mr. Dent remarked that, as His Excellency intended to send the proposal Home, he also should like to send his objections to it, and was informed that he would be at liberty to do so.” Nothing further is to be found upon the subject in the records. The Governor, at this meeting, as he had previously done in the * The following is the protest alluded to :— * Minute of Protest of Privilege. “ My attention is drawn to a publication in The Hongkong Government Gazette ot Saturday last, the 31st ultimo, of a Warrant of Commission bearing date the 20th May last, and having a ‘ List of Charges’ appended. ‘he publication is said to be ‘by Order,’ and ‘for general information.’ “The Commission states, that ‘those charges embrace certain accusations,’—recited inthe preamble to have been ‘brought in the Legislative Council, and in official docu- inents, by myself against the Registrar-General, and to necessitate an Inquiry’ :*—and it directs certain Commissioners thereby appointed, to inquire into the same:—and ‘all Persons in the Public Service’ are charged ‘to be aiding and assisting unto them therein.’ “T have also perused a Circular Letter under His Excellency’s own hand, addressed, on the 24th ultimo, to every Official Member of the Legislative Council, except myself :— whereby, such Member is, in effect, required to answer in writing, whether or not certain words thercin specified, and bearing directly on the subject matter of the said ‘List of Charges’ and Commission, were used by mein the Debates of the said Council, in May last, and by way of an ‘intemperate attack upon the Registrar-General.’ “Jt appears that no inquiry whatever has been addressed to any of the non-official Members of Council on the subject ; and I can state that I have received none. “With the truth or falsehood of tne recitals and averments in the said Commission, I do not mean to trouble this honourable Council, beyond once more recording my emphatic denial, that the ‘List of Charges’—by whom prepared I know nott—does ‘embrace the accusations made by me against the Registrar-General ;’—a contradiction which, from the 24th May last, the earliest opportunity I had for giving it, down to the present time, has been repeatedly officialized by me, anc received without dissent or observation.t “But, I do ask this honourable Council to admit this my protest against the above acts of the Government, as being a manifest, deliberate, and perszvering violation of its * Ante Chap. XXHTy p. 403, t See Paragraph 38 of Governor Bowring’s despatch, anfe Chap, xxmi1, p. 523, $1 Ante Chap. xxusy, pp. 503, 510, 542 HISTORY OF THE LAWS, FTC., OF HONGKONG. Chap. XXIV. Executive Council,* now took the opportunity of again referring 1858, Sir John Bowring’s explanation of the ‘distorted’ statements made by Mr. Anstey in regard to Dr Bridges and himself at the epium monopoly inquiry. The Se- eretary of State upon the careless manner in which legislation had. been conducted in the to the questionable disclosures in reference to himself and Dr, Bridges, made by Mr. Anstey at the inquiry in the matter con- nected with the opium monopoly and Dr. Bridges, in May last,f showing how much he felt these disclosures having been made. He spoke with much warmth and feeling, especially when allud- ing to Mr. Anstey’s breach of confidence. He began by calling the attention of Council to the fact that the public business of the Colony had been interrupted for some time by a variety of causes, and continued as follows :—- “ Recent events had induced the Executive Council to suspend Mr. Anstey, the Attorney-General, and had led to the resignation of Dr. Bridges, the acting Colonial Secretary. Illness and death, also, had added to the embar- rassment caused by these changes. When Mr. Day was made acting Attorney- General, a quantity of business, and a vast mass of docnments were placed in his hands, but illness prevented his performance of the duties, and on Mr. Day’s death the arrears of business were passed over to Mr. Green. Recent unpleasant events had been laid before the Home Government, in one of the longest despatches ever sent by a Colonial Governor ;{ but,” continued His Excellency, “I must, in justice to others, briefly remark on one subject. It is a grave error, if expressions are repeated that have been uttered in the inti- macy and under the protection of social intercourse, and which are calculated to wound the feelings or damage the reputation of another. It is still worse if a lawyer give publicity to communications made to him under the supposed secure guardianship of professional confidence. And it is a far more inexcu- sable and even serious offence if the Law Adviser of the representative of his Sovereign shall divulge the most secret and unreserved—unreserved because supposed to be sacred—communiecations of that representative,—and the offence is greatly magnified if, by special arrangement on the part of the offender, the public press is called in to give its multitudinons echoes to such privileged communications,—but worst of all, if these communications have been distorted, misrepresented, and tortured into meanings they were never meant to couvey. Of this, I am bound to say, and of much more, the late acting Colonial Secretary has a right to complain, and I owe this explanation to him,§ to myself, and to the Legislative Council of which-he was a member. The opinion of Her Majesty’s Government will, no doubt, be conveyed to me on this and indeed ou the whole matter.” At the akove meeting the Governor also intimated that he had received a despatch from the Secretary of State, complaining of “the careless manner” in which legislation had been con- ducted in Hongkong in the introduction of Acts of Parliament not applicable to the Colony, and, continuing, said :— “This was the business of the Attorney-General, who alone could be privileges, solemnly recognized by the sixteenth of His Excellency’s own ‘Standing Orders and Rules for the Council af Hongkong, which has been approved by Lord Stanley, the Secretary of State, and is as follows :— “*The Members of Council shall have freedom of specch, and shall not, at any time, be questioned by Government for anything they have said therein.’ “T desire that this protest may be recorded. T, CHISHOLM ANSTEY, M.L.C., Hongkong, 2nd August, 1858. AL, M, Attorney-General.” * Anté Chap. XXIII., p. 511, t Fd, p. 505, { Sir John Bowring no doubt here referred to his despatch reporting Mr. Anstey's suspension, anté Chap. XXIIL, p. 516. § See also paragraph 60 of Sir John Bowring's despatch, anté Chan. xx1It.. np. 528. CARELESS INTRODUCTION OF ACTS OF PARLIAMENT. 543 expected to look over the Acts of Parliament and know if their provisions Chap. XXIV. were such as should be adopted here. Some Acts had been introduced, 1858 though there was no machinery to carry them into effect. In consequence of jntroduetion the illness and subsequent death of Mr. Day, the acting Attorney-General, of Acts of the preparation of an Ordinance to correct ‘the careless manner’ in which, Parliament as pointed out by the Secretary of State, some of the Imperial Acts were 20¢ applic- extended to this Colony by Ordinance No. 5 of 1858, had been delayed ; but ce ga Mr. Green, the present acting Attorney-General, was actually engaged in = drawing up the needful Ordinance for submission to the Council.” * This statement was indefinite enough, but in fairness to Mr. Anstey it is but right to say that some of the measures referred to by the Secretary of State were the direct instruments of Dr. Bridges while acting as Attorney-General,f though that Mr. Anstey himself had been precipitate in the introduction of Home legislation without much consideration as to its effect,— as witness the precipitancy with which Ordinances Nos. 5, 6, and 7 of 1856, before referred to, were brought into operation despite the protest of the legal profession,—cannot be gainsaid.} At this stage it may not be inappropriate to reproduce in List of full the list of Imperial Enactments or portions of same as well jmPerl as the Rules, Orders, and Regulations of the Superior Courts and Rules of Law and Equity at Westminster which by Ordinance No. 5 374,0rdes of 1858, the subject of the Secretary of State’s Despatch, were Superior introduced wholesale into the Colony without any debate or con- ee ae sideration :— which were amen : introduced THE FIRST SCHEDULE TO WHICH THE ORDINANCE REFERRED. by Ordinance 3 No. 5 of 1858. IMPERIAL ENACTMENTS. Extent of operation intended to be Date of the Act. Title or Subject of the Act. heveby given to the Act. 19 Vict. c. 117. | Principal Officers of the Ord- | The whole of the Act. nance. 20 Vict.c. 47.| Zhe Joint Stock Companies’ Act, | Eections 14, 28 to 31, both inclusive ; 1857, ‘41 to 47, both inclusive ; 53 to 57 both inclusive, the whole of part 3 and section 115, * See the debate in Council upon this point and the acting Attorney-General’s re- marks thereon,—Chap. XXxv., infra. : + Dr. Bridges acted as Attorney-General on two occasions (1) from the 28th February, 1852,* to the 13th February, 1853,} and (2) from the 12th April, 1854,{ to the 15th January, 1856.8 During the first period that he held the position, no Imperial Act was introduced into the Colony, but the second time he was acting Attorney-General, several enactments were passed incorporating Home legislation—see more particularly Ordinance No. 3 of 1854, passed on the 31st October, 1854, “An Ordinance to declare certain Acts of the Imperial Parliament to be in force in this Colony ;” || Ordinance No. 6 of 1855 “for the amendment of the civil administration of Justice,” passed on the 25th August, 1855; and lastly Ordinance No. 3 of 1856, drafted by him and passed by the Legislature on the 29th January, 1856, “declaring certain Acts of the Imperial Parliament to be in force in the Colony of Hongkong.” { Anté Chap. XVI. § IL, pp. 376, 382. : —* * See Chap. xi11, ante p. 222. ¢ See Chap. xtv. §1., ante p. 331. t See Chap. xv., ante p. 343. § See Chap. xvi, § 11, ante p. 369. {| See Chap. xv,, p. 355. Bee re sims os J See.Chap. xvi. §.11, p. 371, nove, ‘3 544 HISTORY OF THE LAWS, ETC., OF HONGKONG. Chap, XXIV, THR FIRST SCHEDULE TO WHICH THE ORDINANCE REFERRED.— Continued, 1858, Extent of operation intended to be Date of the Act. hereby given to the Act. Title or Subject of the Act. 21 Vict. c. 14, Sections 1, 2, 3,11 to 21, both inelu- The Joint Stock Companies Act, sive ; 23, 24 and 28. 1857, 21 Vict. ec. 54, Punishment of frauds committed | The whole of the Act. by Persons intrusted with property. Reversionary interests of mar- ried Women in personal Es- tate. 21 Viet.c. 57, The whole of the Act. 21 Vict. c. 77.| Probatcs and Letters of Admi- nistration. Sections 2, 3, 4, 21 to 38, both inclu- sive; 40, 42, 45, 53 to 91, both inclusive; 94, 95, and 96. 21 Vict. c. 85, | Divorce and Matrimonial Causes, | Sections 2, 6, 7,13 to 26, both inclu- sive ; 33 to 54, both inelusive ; and 59, (except so far as the said sec- tions, or any of them, relate to the dissolution of marriage), THE SECOND SCHEDULE TO WHICH THE ORDINANCE REFERRED. RULES, ORDERS, AND REGULATIONS, OF THE SUPERIOR Courts or LAW AND EQUITY AT WESTMINSTER. Extent of operation in- Date of the Rule or Order, Subject matter of the Rule or Order. tended to he hereby given to the Rule or Order, Rule of Court, Term 1855, Michaelmas Orders of Court of 30th Novem- ber, 1855. Rule of Court of the 8th May, 1856. General Orders of the 12th No- vember, 1856, The like of the 15th Novem- ber, 1856, General Order of the 2nd F ab ruary, 1857, Rule of Court of the 23rd April, 1857. General Orders of the 18th July, 1857. Regulations of the 8th August, 1857, Writs issued under the Bill of Fa- change Procedure Act, 1855, Deevees and Entries, Service of Pleadings and Pro- ceedings at Law. Business to be disposed of at Chambers. Leases and Sales of Settled Es. tates. Service of Writs and Proeeed- ings in equity, Notice as to Costs endorsed on Write of Summons on Con- tracts under £ 20. Attachment and Sequestration. Conduct of business at Chambers. The whole of the Rule. The whole of the Orders 1, 2, and 3, The whole of the Rule. The whole of the Orders. The whole of the Orders, The whole of the Order. The whole of the Rule, The whole of the Order |. The whole of the Regu- lations, except so far as they require pro- mperlinge to be printed, THE SECRETARY OF STATE ON CARELESS LEGISLATION. 545 Being a matter of considerable importance, the author has Chap. XXIV, obtained from, and the sanction of, the Government to publish a copy of the Secretary of State’s despatch before alluded to, which, together with the report of Sir Frederic Rogers, to Mr. Her- man Merivale, c.B., the permanent Under-Secretary of State for the Colonies, is now reproduced in full. The following was the despatch of the Secretary of State, Sir E. B. Lytton :— Downing Street, 11th June, 1858. Sir, T have to acknowledge the receipt of your despatch No. 35 of the 25th March last enclosing an Ordinance, No. 5 of 1858, “for extending to this Colony certain Imperial enactments and certain Rules and Orders of the Superior Courts.” I have laid this Ordinance before the Queen, and Her Majesty has been pleased to confirm and allow it. You will make known Her Majesty’s deci- sion. to the inhabitants of Hongkong by a proclamation to. be issued in the usual and most authentic manner. In communicating to you the above deci- sion I desire to draw your attention to the careless manner in which some of the Imperial Acts are adopted by the Legislature of Hongkong as pointed out by the Legal Adviser to this department, a copy of whose report I en- close for your information and guidance. % I have, etc., (Signed) —_E. B. Lytton. Governor Sir Jounxn Bowrine. The following was Sir Frederic Rogers’ report upon the Or- dinance under consideration :— Emigration Office, 2nd June, 1858. Sir, Tn obedience to the Secretary of State’s directions conveyed by your letter of the 25th ultimo, I have perused and considered the undermentioned Ordi- nance passed by the Legislature of Hongkong in the month of March last entituled— No. 6 “ For extending to this Colony certain Imperial enactments and cer- tain Rules and Orders of the Imperial Courts.” It may not perhaps be necessary to withhold the Royal sanction from_ this Ordinance. But I cannot refrain from remarking on the careless mode in which some of the Imperial Acts are adopted by the Legislature of Hong- kong. The Joint Stock Companies Act, 1856, in the sections which are adopted from it, provides (sections 41 and 47) for the proceedings of Companies which it describes as registered and (sections 28 and 81) Hmited. But in Hongkong as far as I am aware there is no registration of Joint Stock Com- panies, nor any provision for limiting their liability, and in the absence of registration the whole Act (as far as I can see) becomes nugatory. Again sections 45 and 47 and elsewhere, refer to certain proceedings to be taken under Scotch Law which, I presume, it is not intended to introduce into Hongkong. Section 57 declares that penalties shall form part of the conso- 1858, The Se- eretary of State’s despatch, The report of Sir Frederic Rogers to Mr. Merivale. 5-46 HISTORY OF THE LAWS, ETC., OF HONGKONG. Chap, XXIV. lidated fund. Section 83 provides for paying money into English Scoteh or 1858. Disallow- ance of Ordinance No. 13 of 1858. Trish Banks. Section 103 for giving notice in English, Scotch, or Irish papers, All these clauses ought either not to have been extended to Hongkong, or to have been accompanied by such an explanation as should render them applic- able to the Colony. One of the clauses adopted from the Joint Stock Companies Act, 1857, (section 28) that if any Company required to register by that Act shall fail to register before’ November 2nd, 1857, every Director shall be subject to: x: penalty of £5 per diem. This provision is applied to Hongkong, where, I believe, there is no machinery for régistration, by an Ordinance passed on the 28th March, 1858, some months after the day from which the penalties run. In the Act relating to probates reference is made to a machinery of Re- gistrars aud Deputy Registrars (sections 21-27, etc.), Commissioners of Her Majesty's Court of Probate (section 27 the County Court and its Officer (section 54 et seqg.). It should be explained how the functions allotted to these offi- cers are to be performed in Hongkong. No sufficient explanation is given by the enactment (section 2) that the provisions of the Imperial Act shall -be so construed as to enable the provisions thereof to be executed and enforced by any Courts or officers (howsoever designated) having or exercising the same or similar or analogous functions to those of the officers designated in the Imperial Act. Section 66 of the Imperial Act provides that there shall be one place of deposit of original wills in London or Middlesex. JI presume it is not in- tended to apply this clause to Hongkong. It is, however, so applied in fact. Again, I do not see anything in the local Ordinance which would prevent its application to Chinese wills. It should certainly have been explained whe- ther or not this is intended. oo The principal provisions of the Divorce Act of last Session are adopted, except so far as they relate to the dissolution of marriages—a power not gene- rally entrusted to Colonial Legislatures. I do not see that any error has been committed in extending these clauses to Hongkong, nor in respect to the Imperial Acts 19 Viet. Cap. 117 and 21 Viet. Capp. 54 and 57. I have, ete., (Signed) = Freprerte Rocers. Herman MErtvatr, Esq, : ete., ete., ete. The Secretary of State’s despatch after being read at a meeting of the Legislative Council held’on the 4th January, 1859, was ordered to lie on the table.* One of the immediate results of the Secretary of State’s action, consequent upon his despatch, was the disallowance of Ordinance No. 13 of 1858, relating to Chinese passenger ships, passed by the local Legislature on the * See Chap. xxv., infr, + “An Ordinance for the continuance of the heretofore existing regulations respect, ing Chinese Passenger Ships; and in the case of. British Ships, respecting the.treatment of the passengers therein while at sea, and for making regulations in addition thereto,” According to the preamble to this Ordinance, it was passed with a view “to make further provision, in addition to that made by the Chinese Passengers’ Avt, 1855,” f.x., Act 18 ancl 19 Viet . @ ctv: for the reoulation of Mhinese Passencer Shine DR. BRIDGES AS COUNSEL TO THE SUPERINTENDENT OF TRADE, 21st October, 1858.% The disallowance, however, was not noti- Chap. XXIV. fied to the public until the 16th December, 1859, although, as 1858. will be seen hereafter, the: matter was mooted in Council so Disallowance, early as in January, 1859, in consequence of instructions from the Secretary of State. Subsequently, to meet the necessities of the case, Ordinance No. 13 of 1858 was duly modified and, as Ordinance No. 6 of 1859, passed the Legislature on the 26th ‘December, 1859.¢ re Mr. Anstey now returned from Manila, and discovered that, on his suspension from office, the Governor, whilst appointing the late Mi. Day to the acting Attorney-Generalship, had appointed Dr. Bridges as counsel to the Superintendency of Trade on the full emolyments attached to that office, thereby adding another to the mistakes with which his administration abounded, having regard especially to what he had professed to be his ideas upon private practice being allowed to Government officials. Again, after his resignation of the acting Colonial Secretaryship, it will hardly be believed that Sir John Bow- ring allowed Dr. Bridges to retain the position now the subject of controversy between himself and Mr. Anstey, who, although under suspension, at once addressed the Secretary of State upon the subject. In his letter to Sir Bulwer Lytton, dated the 12th October, Mr. Anstey observed inter alia as follows upon the further anomaly of the position :— “You, Sir, will perceive that, at the very time when Dr. Bridges was active in the measures for my suspension, the salary of £250 4 year, part of my expected spoils, was being allotted to him, as his contingent share, al- though such allotment was directly forbidden by the terms of Lord Claren- don’s Despatch...........se+...0 the supposed limits (to the right of the Attorney-General to advise private clients here and at the five ports) Dr. Bridges. has, since his acting appointment to the office in question, acted freely for clients in appeals coming before Sir John Bowring, as such Superinten- dent. a a , "3 ‘The expression, “ greely for my succession,” on which so much indignant censure was passed by His Excellency and the Executive Council,§ is, I sub- mit, fully justified by the facts now first brought to light by the death of Mr. Day, with whom. the arrangement was effected.” = As was to be expected, Sir John Bowring fully absulved Dr. Bridges of all blame in (what may he correctly termed) this “., \* As has before been recorded (anté Chap. XXtL., p. 517, note), except for short trips to Canton and Macao, Mr. Anstey’s longest absence, from Hongkong when holding the Attorney- Generalsuip was in September, 1856, when he was in Shanghai, and from 27th July to 13th December, 1857, when on leave in India. In that interval no Home legislation was introduced, so that he was mainly answerable for the. Acts of Parliament to which local effect had been given from the time of his arrival in the Colouy until his suspension on the 7th August, 1858. : + Chap. Xxv., infra. t See Chap. xxv., infrt. § This expression was used by Mr. Anstey in one of his memoranda to Dr. Bridges. alluded to. anté Chap, XX111., p. 513, and which probably was one of the reasons which . induced the latter to adopt the course he did in the Executive Council in not voting for the suspension of Mr. Anstey (id., p. 514).. See also § 88 of Sir John Bowring’s despatch— id., p. 583. when notified, Sir John Bowring’s appointment of Dr. Bridges as counsel to the Superin- tendency of Trade on the suspension of Mr, Anstey. Mr. Anstey's complaint to the Secretary of State. 048 HISTORY OF THE LAWS, ETC., OF HONGKONG. Chap. XxIV. fresh piece of jobbery. That Dr. Bridges had asked for thie 1858, Sir John Bowring’s despatch, position on the suspension of Mr. Anstey and that he had arranged with Sir John Bowring the terms on which Mr. Day should take the temporary vacancy, there cannot be the shadow ofa doubt. Could Sir John Bowring have imagined for one moment that, after all the disclosures in connexion with Dr. Bridges’ conduct generally, and after what must be looked upon as a necessary, if not compulsory, resignation on his part, that the Home Government could have shown such weakness as to entertain any application for permanent employment or recom- mendation ever so strong on his behalf ? That, however, is the only conclusion to arrive at after perusal of the Governor's des- patch to the Secretary of State in vindication of Dr. Bridges’ conduct, But, as has been shown, Sir John Bowring was under great obligations to Dr. Bridges “ for active and valuable ser- vices,* and who, moreover, must have afforded him considerable assistance in his various communications with the Home Govern- ment, for it is impossible to peruse some of them, especially those referring more particularly to the disputes between the Executive or Dr. Bridges and Mr. Anstey, without seeing that they betray the hand of one accustomed to more than the ordinary curricu- lun of official documents. After this additional false step on the part of Sir John Bow- ring, his allusion to private practice cannot be looked upon otherwise than in the light of gross irony. The following was Sir John Bowring’s despatch giving cover to Mr. Anstey’s letter :— Government Offices, Victoria, Hongkong, 16th October, 1858. Sir, _ Lhave the honour to forward a letter addvessed to you by Mr. Chisholm Anstey on the 12th instant (received on the 18th). J thought it desirable to communicate to Dr. Bridges the charges made against him by Mr. Austey. I send copy of Dr. Bridges’ communication to ine in reply.t Dr. Bridges is quite justified in his utter denial of the truth of Mr, Ans- tev's averments. They but add to a mass of unwarrantable statemeuts with which the archives of this Colony have been encumbered by Mr. Anstey’s precipitancy. — Thave already stated that Dr. Bridges (with honourable and becoming for- bearance) avoided taking any part or voting in the Executive Council on the question of Mr. Anstey’s suspension.t * See anté Chap. XXI., p. 476. + Not reproduced. Dr, Bridges’ letter was a mere denial ‘ upon his honour’ of ‘the truth of every statement ’ made by Mr, Anstey. See Parliamentary Papers relating to ITonghong, 1860, p. 242. t Naturally enough. He was acandidate for the Attorney-Gencralship (as he had lwven some years before—see his precipitate departure noticed anté Chap. XVI. § IL, p. 369)—and it would have been an outrage on decency under the circumstances had he taken any aetire part or voted for Mr. Anstey’s suspension. As will be recollected, Sir John Bowring, on the very day he reported Mr. Anstey’s suspension to the Sccretary of State, also recommended Dr. Bridges, should Mr. Anstey’s suspension be contirmed=- sce anté Chap. XXITL, p. 516, MR. ANSTEY AND DR. BRIDGES IN OPEN COURY. d49 No case is within my knowledge, and, I believe none exists, where Dr. Chap. XXIV, Bridges having accepted a fee as the professional adviser of a litigant party a in eases of appeal, has been called upon by me to give advice under such 1895. appeals. I have applied the rule strictly, both to Mr. Anstey and Dr. Bridges, and have refused to consult either in cases in which they have been employed professionally. With respect to the ‘division of the spoils” neither Mr. Day uor Dr. Bridges ‘had any knowledge of my purposes. I nominated Dr. Bridges, pend- ing the approval of Her Majesty’s Government, to the position he had formerly occupied aud creditably filled, that of Counsel to the Superinten- dency, and mentioned to Mr. Day my intention of doing so. Mr. Day was thoroughly satisfied with the arrangement, but was not consulted upon it. All these discussions will, I hope, prove to Her Majesty’s Government the desirableness of disallowing private professional practice to the Attorney- General, and of augmenting his salary in consequence to £1,500 a year from the Colony, and £250 from the diplomatic service. The jealousies and bickerings created by the existing state of things’ are prejudicial to the Queen’s service, and I fear are an inevitable consequence of the clashings of public interests and private emoluments.* I have, ete., (Signed) Joun Bowne. To . The Right Honourable Sir Evwarp B. Lyrroy, Bart., wr. On the other hand, it was certainly detrimental to the public ur. anstey good to find that Mr. Anstey and Dr. Bridges, the former Baie suspended. and the latter now out of the service, never to be resume their employed again as will hereafter be seen, though still an aspirant °! conflict. to the Attorney-Generalship, seemed kent on resuming their old conflict whenever an opportunity showed itself. Though sus- pended from his public functions, Mr. Anstey continued. his private practice, and on his return from Manila, as before stated, he set actively to work again, although in bad health. An unpleasant scene took place in the Supreme Court on Anunplea- the 19th October, between him and Dr. Bridges, when both Smt secre . in the were engaged in the matter of a Mr. W. M. Robinet, an Supreme insolvent, when Mr. Anstey charged Dr. Bridges with ‘fraud’ and ‘sharp legal practice,’ though apparently there, were no grounds for doing so, and on appeal to the Chief Justice by Dr. Bridges, the former condemned Mr. Anstey’s remarks as uncalled for and improper. There had been already quite enough of these conflicts in Hongkong and the public were beginning to get quite tired of them. On the case being resumed on the 29th October, Mr. Anstey called the attention of the Chief Justice to what he described as an “infamous, mendacious, libellous, and degraded misreport” of what bad taken place in the Court at its previous hearing of this matter as given in Zhe China Mail. He qualified it a contempt of Court, * Sce previous references to this subject, anté Chap. XXI., p.476; also Chap. XXIII, p. 528 § 58, 550 Chap. XXIV. 1858, The Chief Justice’s attitude, Mr. Anstey on Dr. Bridges. He breaks out in poetry. Dr. Bridges’ gorgeous sign boards. NISTORY OF THE LAWS, ETC., OF HONGKONG. and appealed to the Chief Justice for an expression of opinion, but the Chief Justice paid no attention to Mr. Anstey’s remarks. Doubtless silence had come to be looked upon as golden by Mr. Hulme, whose advanced age and infirmities, besides a natural unwillingness to be mixed up in local squabbles from which he had all along wisely kept aloof, were now but too apparent. Mr. Anstey then alluded to a postponement of the case on the previous sitting of the Court through his illness and which, he allegel, Dr. Bridges had ‘so much paraded through the press as a concession of his.” ‘‘I owe him no thanks,” said Mr. Anstey, ‘for his so-called concession,” and, breaking out into poetry, continued :— 4 \ “Tt reminds me of Matthew Prior’s case-— ‘To John I owed some obligatiou— But Jolin unluckily thought fit To publish it to all the nation : So John and I are more than quit po The case then continued after some observations by Dr. Bridges, who said he only wanted a statement of simple facts.’ But this preliminary wrangling was. not to end here. On resuming active private practice, Dr. Bridges had put up two gorgeous signboards at the entrance to his office in Queen's Road, the upper one with large Roman letters “ W. T. Bridges, p.C.L., Practitioner in Law,” hanging horizontally over an- other with Chinese characters setting out his qualifications, the letters and characters being brightly gilt on a black Jacquer. This signboard naturally was made the subject of derisive remarks in the local press and treated as a curiosity, one local paper, in a sarcastic article dealing with the impropriety of the step, reproducing the facsimile of the voards in its columns and calling the attention of Zhe Jilustrated London News to it.* Having regard to professional etiquette, a matter strongly dis- cussed in the early days,f before the amalgamation of the two professions,t it may not be inappropriate to reproduce here the article alluded to together with the fac-simile of the sign- boards in question :— “Dr. Bridges’s signboard in the Queen’s Road is such a curiosity in its way, that, our readers will agree with us, it is deserving more than the few words devoted to a notice of it in our Jast issue.§ There are two boards— an upper one, with Jarge Roman letters, hanging horizontally over another with Chinese characters. These boards are neat, if, indeed, they may not be called gaudy—the letters and characters being brightly gilt on a black Jac- quer. We may be wrong in saying the ground is black—it may be green, but it is very dark green, and quite illumined with the yellow live of the * See The Friend of China, 27th October, 1858, t See anté Chap. XVI. § 11., pp. 371-373, { Anté Chap. XXII, pp. 480-494, § See Lhe Friend of China, 23rd October, 1858. DR. BRIDGES’S SIGNBOARDS. a 551 gold. The horizontal board is about a foot and a half loug by one deep or Chap. XXIV. broad—solidly, constructed. The perpendicularly hug board is upwards of = three feet long, and, say, a foot wide. These are the inscriptions :— aes "TW. T. BRIDGES, Dey hs PRACTITIONER IN LAW. For the information of ignorami, we have furnished, with the characters, the pronunciation in the local dialect. The literal rendering of these charac- ters is very curious. ng is the term for England or English. As a rule it is written T'ai-Eng—Great England. Kwok is country ornation. Chun-tsze signifies Literary graduate of the third degree. In the opinion of the sino- logue who furnished these characters, Chun-tsze appears to have been con- sidered equivalent to Doctor of Civil Law—WMe-sze is the nearest approach in Chinese to the sound for Mister, for which it ig intended. In this instance the characters seem superfluous,—reading with as much propriety as would Doctor Bridges, Esq.—Be' le jhe sze approximates to Bridges— Chong-sze is lawyer. : Only professors of the language, zatives, can conceive the peculiar floweri- ness of the four next characters. In their erudity, they stand as—Keun, Note.—The Chinese mode of reading is from right to left, therefore the first syllable to commence reading in the above board is that on the top of the second column ‘Eng,’ proceeding to the bottom then reading anew from the top of the (or what would be our) first column from ‘Chong’ downwards. 352 HISTORY OF THE LAWS, ETC., OF HONGKONG. Chap. XXIV. power or authority—Lhe, to guard or take care—Kok, every—Gna, Court— 1858, Professional etiquette. Mr. Anstey and Dr. Bridges in Court again, ‘Legal practitioners who swing Chinese signboards upon the public road,’ Chinese, we apprehend, will understand the characters to imply—“ The gra- duate anthorized to transact business in law Courts.” ' Tai is great—Siu is small—Oan cases— Ching circumstances ; dadabte by natives as— whatever the circumstances of cases-—be they large or sinall in magnitude—clean or dirty—this literary graduate of the third degree is the English Mister who can manage them properly ;”—or in Ethiopian “minstrel’s vernacular it might be—‘* Dis ere Chile ean put em right trew.” ‘There— that is Dr. Bridges’s signboard ; and if The Idlustr ated London News’ artist does not send. home a special picture of it, the English public will not be treated with the attention they deserve. Such an emblem, in connexion with civil law, was never exhibited in any British city before, and we have much pleasure in embalming the memory of it. For the information of the curioas, and as an exhibition of our public spirit, we have to state that we engaged a teacher for the special business of furnishing the very perfect translation here given.” ‘Clean or dirty,’ in reference to Dr. Bridges, who took no notice of this press attack, may have been considered sufficiently significant, but, as was to be expected, the signboards were looked upon as an advertizement and in that light ‘adversely commented upon, nor did it, of course, escape Mr. Anstey’s acute eye or sense of humour. Being so strong upon professional etiquette, he naturally took advantage of it to make an attack upon Dr. Bridges when the latter again appeared in Court on the 2nd November in the Robinet bankruptey case before mentioned.* On the case being resumed on that day, Mr. Anstey asked for the production of a certain letter which was in Dr. Bridges’ possession, when the following conversation took place :— oi Court (to Dr. Bridges)—You will get that letter. r. Bridges—Let him wait. When I go to my chambers, Ill get it and thon Heouiibe it. Mr, Anstey—Y es, when the Court has risen. I say this is not the prac- tice of the Courts in England ! Then, alluding to the famous signboard, Mr. Anstey exclaim- ed :— . d “ But what can be expected from people calling dhomeahund legal practi- tioners who swing Chinese signboards upon the public road? ‘This is not the practice of the bar at Home !” But the scene was not to end here—neither the Chief Justice nor Dr. Bridges, of course, had paid the slightest attention to Mr. Anstey’s remarks regarding the signboards. Mr. Anstey proceeded ‘to challenge the truth of the insolvent’s schedule and questioned him as to his having falsely represented himself as being the subject of various nations, when the insolvent retorted— “That is a lie, Sir.” pe a pause— r. Anstey to the Court—* It does not move me, my Lord ”—(then trying to oe the Court to interfere)—“ Your Lordship has heard the insolvent’s an- swer ?’ * Anté p, 5AD MA CHOW WONG TRANSPORTED TO LABUAN. The Court—“ That is » very improper answer.” And doubtless it was, but the Chief Justice evidently con- sidered he had said quite enough without paying more attention to these questionable digressions, and, according to the report, the matter proceeded without further interruption. The records show nothing further in reference to Dr. Bridges’ signboards. but it is not to be presumed that he removed them, though the supposition is, that they must have met with the scorn they deserved, especially after their publication by the press. However scandalous such disputes in Court as those described between Mr. Anstey and Dr. Bridges must have been, the re- served and decorous demeanour of the Chief. Justice on the other hand stands forth in marked contrast with the disgraceful scenes enacted in this very Court in 1880 between Chief Justice Smale and Mr. Gibbons, the Registrar, when the community, apparently taking pleasure at the frequent and uncalled-for dis- putes between these two Court officials, assembled in large num- bers in the Court House to witness them.* On the 5th November, a Court-martial assembled on H.M.S. Calcutta for the trial of James Kain, Private of the Royal Ma- rines, for the murder of Mr. William Sage, assistant engineer of H. M. 5. Hesper. He was found guilty and sentenced to death. ‘The Commander-in-Chief, Admiral Sir M. Seymour, having approved of the sentence, the execution took place on the morning of the 10th November at half past six, when the crews of all the ships of war in harbour were mustered and the articles of war read to them ; after which the parties ordered on duty embarked in the Niger, Coromandel, Haughty, and firm, and passed outside the shipping towards the Lyeemun, where the Lfesper was at anchor. At five minutes to eight, the crews of the various ships manned the rigging ; and precisely at eight, on a signal gun being fired from the L/esper, the miserable wretch was run up to the starboard fore-yard-arm with a jerk, says the report, that turned his body right over, so that death was instantaneous. After hanging for half an hour, the corpse was lowered into a boat and sent on shore. ‘The civil authorities had not been put into requisition in this case. The military authorities, however, in February, 1861, in a similar case where a soldier murdered a comrade, handed the prisoner over to the civil authorities for trial.f The Governor received further instructions on the 13th No- vember to despatch sixty more { Chinese convicts to Labuan, and * See Vol. I1., Chap. LXXII. + See Vol. 11., Chap, XXXII. $ See anté Chap. xX1Xx., p. 440, 553 Chap. XXIV. 1858. The decorous behaviour of the Chicf Justice. Execution of a private of the Royal Marines on board H.M.S. Hlesper for murder. A subse- quent case in which a soldier wha murdered a comrade was handed over to the civil authoritics, 554 Chap. XXIV. 1858. Ma Chow Wong and other convicts despatched to Labuan. Mr. Cald- well’s gricf. Ma Chow Wong in Labuan. Conspiracy to murder. His sentence increased. The free pardon subsequently granted him. HISTORY OF THE LAWS, ETC., OF HONGKONG. amongst the batch despatched early in December was Ma Chow Wong, the now famous pirate-informer, so often before alluded to, How much Mr. Caldwell, “ who had been for years the steady sup- porter of Ma Chow Wong,”* must have grieved over this deportation, those who have now been made familiar with the disclosures in the ‘ Caldwell Inquiry, ’} and of Mr. Caldwell’s exertions to obtain his release after his conviction in September, 1857,{ may well imagine. Sir Hercules Robinson, the Governor, in alluding to this notorious offender in a despatch to the Duke of Newcastle, dated the 31st December, 1861, further bears out his character even after banishment in the following passage :— “Since Ma Chow Wong’s removal to Labuan, to which Colony he was sent in penal servitude, his sentence has been increased by five years, as he was proved to have organized a conspiracy for the murder of every European in the Settlement and the liberation of all the convicts. Fortunately, the plot was discovered the day before that fixed for carrying it into effect by the confession of one of the convicts who could not reconcile himself to such indiscriminate slaughter.” From inquiries made by the author, it would appear that through the good offices of Mr. J. R. Howard, Superinten- dent of Convicts at Labuan, and of Mr. Pope Hennessy, when Governor of that Colony, Ma Chow Wong obtained a free par- don in 1869, when he returned to Hongkong. On his arrival, he was arrested by the Police and brought before the Magis- trate, but producing his free pardon he was afterwards released. Shortly after, Ma Chow Wong proceeded to Canton and, during his stay there, the Chinese Colonel Tang offered him a fifth rank ‘mandarin button,’ and an appointment in the military service at Canton, but Ma Chow Wong declined both honours and preferred ending his days peaceably in Hongkong under the British flag, which had shown him so much consideration. Again during the Franco-China hostilities in 1884-1885, Ma Chow Wong was offered military office by the Chinese, which he declined. During his stay in. Hongkong, Ma Chow Wong, who was now elderly and quite reformed and, moreover, had ap- parently lost all influence amongst his own people, led a quiet life without having any occupation, dying, according to accounts, in the Colony as late as in 1892, at the age of seventy, leaving him surviving a son named Wong Cheong with whom he had lived, and who is still alive at this date. * Sce ‘Finding in Mr, May's case,’ Vol. 11., Ch. XXxXv. t Ante Chap. Xx1II, $ Anté Chap. XIXx.. pp, 444-447, gr Qe Qr CHAPTER XXY. 1858-1859. SECTION Tf. 1858. Mz. Tarrant prosecuted for libelling the Government.—Act 6 and 7 Vict. ¢. 96.—'.4 contemptible, damnable trick.’'—Mr. Anstey’s previous advice to the Government.—Colo- nel Caine as one of the advisers of the Government.—At the preliminary inquiry Mv. Anstey appears on behalf of Mr. Tarrant.--Mr. Day’s report to the Government.—At the trial Mr. Anstey appears against the Crown.—The anxiety of the Government.—The dis- closures.—The relations between Dr. Bridges and Mr. Caldwell.—The defendant pleads justification.—The case for the Government.—Mr. Anstey is stopped by the Jury who unanimously return a verdict of not guilty.—Costs against the Crown.—Payment of fecs to jurymen.—Result of case damaging to Mr. Caldwell.—Mr. Green’s opinion on the case.—Mr. Anstey’s hands strengthened.—The troubles of the Government increased. Sir John Bowring takes leave on Mr. Mercer’s rcturn.—Colonel Caine, Lieutenant-Governor, administers the Government.—Mr. G. W. Caine in charge of Superintendency of Trade.— Sir John Bowring leaves for Manila.— He reports Mr. Anstey for taking retainers against the Crown.—The unofficial members of the Legislative Council protest against the ap- pointment of Mr. Rennie, Auditor-General, tothe Council.—The pork butehers and Mr. ‘Caldwell as prosecutor in an alleged unlawful assembly case.—The defendants, defended by Dr. Bridges and Mr. Anstey, are discharged.—Mr. Anstey’s application that Mr. Caldwell be fined for malicious arrest.—On Mr. Anstey leaving the Court, Mr. Caldwell takes the Bench asa Justice of the Peace.—Action for damages against Mr. Caldwell.-— Application for rule nisi to quash the action dismissed.— The result.— Prosecution and trial of Mtr. Wilson, editor of The China Mail, for libelling Mr. Anstey.—The facts.— Verdict for the Crown.—The sentence and apology.— Colonel Haythorne, member of the Executive Council.—Murrow v. Sir John Bowring. Action for assault and false imprisonment.—Mr. Anstey, counsel for plaintiff.—The plaintiif’s case.—Acting Attorney-General submits no case to go to Jury.—Verdict for the defendant. New trial refused.—Mr. Anstcy’s deter- mination ‘to work the destruction of Sir John Bowring’s corrupt and wicked administra- tion.’-—The year 1858 a memorable one in the dark pages of Hongkong’s history.—A sus- pended Attorney-General seeking the punishment of the Governor,—Prosecution of deadly feuds between officials and others. SECTION II. 1859. Mr. Davies, Chief Magistrate, moves in Legislative Council for production of correspon- dence relative to Opium Farm privilege and Dr. Bridges.—Protest of Mr. Davics against the refusal of Government.—Secretary of State’s refusal to confirm two Ordinances without alteration.—Ordinance No 8 of 1858.—Ordinance No. 1 of 1859.— Ordinance No. 10 of 1858. —Ordinance No, 2 of 1859.—-Statement of the Governor on the instructions to the Attorney- Gencral “to keep pace with the progress of the times ” relative to the introduction of Acts of Parliament.—Ordinance No, 5 of 1858,—Sir John Bowring asks the Council to repeal the Ordinance in accordance with instructions from Secretary of State.—Ordinance No. 13 of 1858.—Imperial enactments inapplicable to the circumstances of the Colony.—The Governor as to the steps he had taken.—The acting Attorney-General’s suggestion that the matter stand over until the Attorney-Generalship be permanently filled.—The Chief Justice’s approval of the course suggested anc the ‘superfluous piece of legislation.’—The Governor as to such subjects being left to the law officers.—Mr. Davies, Chief Magistrate, ancl the ‘ unmerited slur’ cast upon Mr. Anstey.—The Governor’s reply.—Mr. Davies’ de- fence on behalf of an ‘absent member.'--Comments upon Mr. Davies’ action.—His anxiety to defend his friend, Mr. Anstey.—Departure of Mr. Anstey for England.—Ordi- nance No. 5 of 1858, when repealed.—Ordinance No. 5 of 1860.—The ‘distinct legislative measures.’—Ordinance No. 5 of 1860.—Ordinance No. 7 of 1860.—Ordinance No. 5 of 1858.— Ordinance No, 13 of 1858,—Ordinanee No. 6 of 1859, 396 Ch. XXV § 1. 1858. Mr, Tarrant prosecuted for libelling the Govern- ment. Act 6 and 7 Vict. c. 96, ‘A contemp- tible, _ damnable trick,’ Mr. Anstey’s previous advice to the Government. At the preliminary inquiry Mr. Anstey appears on behalf of Mr. Tarrant. HISTORY OF THE LAWS, ETC., OF HONGKONG. Tur charge, before alluded to, against Mr. Tarrant, the editor of The Friend of China, for commenting unfavourably upon the decision of the Caldwell Inquiry Commission* now came on for hearing. Mr. Tarrant was indicted criminally on the 18th November for having, in his issue of the 28th July, published a libel against the Government in connexion with the above matter, under the Act 6 and 7 Vict. c. 96 (entitled “An Act to amend the Law respecting Defamatory Words and Libel), by stating that “the principal charge (meaning the charge against the said Daniel Richard Caldwell) broke down through a contemptible, damnable trick on the part of the Government.” Before entering into the facts of this case it is necessary to state that on the 2nd August, before his suspension from office, Mr. Anstey had been consulted by the Government upon the article which had appeared in the paper in question, and while holding that it was ‘libellous’ and “ that the true course of proceeding, Sir John Bowring not being personally named, would be for Dr. Bridges (acting Colonial Secretary) to swear an information on oath at the Police Court,” he took care, how- ever, to add in the most emphatic manner “that in the face of Dr. Bridges’ evidence before the Caldwell Inquiry Commission, he could not advise His Excellency to commence any proceed- ings whatever in this case, beiny quite certain that any jury would return a verdict against the Crown upon such evidence being laid before them by the defendant.” Notwithstanding this advice, Sir John Bowring, ‘ better advised’ apparently, determined to proceed against Mr. ‘Tarrant. At the preliminary inquiry Mr. Anstey, now under suspen- sion, appeared for the defendant. The Government could hard- ly believe its own eyes, and set moving about to find out the true facts of the case. Mr. Cooper Turner, the Crown Solicitor, was put in motion to make inquiries and the Executive found itself, as the Americans would say, in a fix. Mr. Day, the late acting Attorney-General, was sent to the Police Court to find out the real position of things, and there, true enough, to his mnazement, he found Mr. Anstey in the full discharge of his duty as advocate for Mr. Tarrant. The next day he wrote to the (rovernment communicating the fact to the Executive. How far Mr. Day was correct in his facts in the letter hereinafter reproduced, as to the part taken by Mr, Anstey in the institu- tion of the prosecution before his suspension, the reader may well judge for himself, from Mr, Anstey’s written opinion given above, nct losing sight, however, of the fact, that quite apart from Dr. Bridges who had been a moving, if not the moving, spirit * Sce anté Chap. XXIII, p. 611, and references there given, COLONEL CAINE’S ABSTENTION FROM COMMITTEES. 557 in the matter, Mr. Day, who was a friend of Dr. Bridges, now Ch. XXV §1. betrayed his own anxiety as to the ultimate result of this rash — jg50 proceeding, the consequences of which would undoubtedly re- flect upon the Government of the Colony. Nor was Colonel Caine to be left out of this matter, as one of Colonel the advisers of the Government. He had, so far, cautiously kept (2. the aloof from Mr. Anstey as far as he could, avoiding sitting on any advisers Committee except where compelled to do so, as on the occasion a i: of Mr. Anstey’s suspension by the Executive Council, when he had been specially requisitioned by the Governor.* Carrying therefore into execution his determination not to sit upon any Committee to avoid ‘disturbing the ashes of the dead’ probably, having regard to his own conduct, if not sad past experience, in reference to the respected Chief Justice Hulme and Sir John Davis} and the repeated and constant attacks upon himself by Mr. Tarrant in relation to his compradore,f Colonel Caine, it will be recollected, left the Legislative Council when the im- portant question respecting the amalgamation of the legal pro- fession was being seriously discussed and a Committee was about to be formed, on the plea of indisposition.§ Again, when the Committee of Inquiry into the Bridges opium monopoly question was about to be formed he stated his unwillingness to form part of the Committee, || ‘‘ because,” according to Sir John Bowring, “ he entertained a strong feeling of friendship for him,” and his relations with Mr. Caldwell were none the less cordial, inasmuch as the latter was a protégé of his and had been introduced into the service by him ;** he accordingly for the same reasons as before avoided having anything to do with the Caldwell Inquiry Commission, although his abstention did not, however indiscreetly, escape Mr. Anstey’s criticism at the time.*** With regard to Mr. Tarrant and Colonel Caine and his com- pradore, alluded to above, it may be mentioned that Mr. Tarrant never ceased recurring to the subject of his old complaint in re- gard to Colonel Caine. No new official from a Governor down- wards ever set foot in Hongkong without being made fully acquainted with Mr. Tarrant’s past grievances, either by -direct petition to the new Governor or through his paper, The Friend of China. These grievances Mr. Tarrant ventilated when- * Anté Chap. XXIII., p. 531 § 77. + See anté Chap. VII., p. 141, and Chap. VIII. § 1, pp. 158, 159. { Anté Chap. VIL, pp. 143, 150; Chap. VIIL. § 1., p. 170, and subsequent references, § Anté Chap. XXIL, p. 489. || Anté Chap. XXI., pp. 472, 473. q Anté Chap. XXIII, p. 632 § 87. ~* Antd Chap. lt. § IL, p. 82. wee Anté Chap. XXIIL., p. 515. 358 HISTORY OF THE LAWS, ETC., OF HONGKONG, . Ch. XXV § Lever occasion offered under the cognomen of Colonel Caine’s 1858. Mr. Day's report to the Government. At the trial Mr. Anstcy appears against the Crown. “compradore” or “ compradoric methods,” or “system,” or varied sometimes to ‘“ mandarin style of squeezing,” and it is therefore a matter for wonderment that, in the midst of such an entourage and knowing things as he undoubtedly did, Sir John 3owring could have allowed himself to be influenced instead of acting at once on his own unbiased mind. The following was the late Mr. Day’s letter alluded to above :— Attorney-General’s Office, Hongkong, 4th September, 1858, Sir, Having been yesterday informed by the Crown Solicitor that Mr. Anstey had been retained by and was about to appear at the Police Court in defence of Mr. William Tarrant, in the prosecution against him for a libel on the Government, I went in person, to the Magistracy, that I might be satisfied how far the information could be relied on, and there saw Mr. Anstey in the active discharge of his duty as advocate for the defendant. T deem it to be my duty to bring this matter to the notice of the Execu- tive. It will be borne in mind that Mr. Anstey, in his eapacity of Attorney-Gene- ral, was consulted on the subject of the very article in The Friend of China in respect of which this prosecution has been instituted, and, in fact, was instituted during his own tenure of office, and that he at once pronounced it libellous. Further, that Mr. Anstey has been already called and examined as a witness on the part of the defendant ; and in the course of his evidence stated that the language of that article was in effect but a paraphrase of his own words, previously uttered ; and lastly, that he, who, when so giving his evidence, openly claimed and asserted himself to be still Her Majesty’s Attorney-General in this Colony, now appears in opposition to the Crown, as the retained and paid advocate of the admitted author of the article he had himself pronounced a libel on the Government, in the case of a prosecution for libel, founded on that very article. I have, ete., (Sigued) Joun Day.’ The Honourable Frevenick Forru, Esq., Provisional Colonial Secretary. As stated, the case against Mr. Tarrant came on for hearing in the Supreme Court on the 18th November, when Mr. F. W. Green, the acting Attorney-General, prosecuted on behalf of the Crown, being instructed by Mr. Cooper Turner, the Crown Solicitor, while Mr. Anstey, still holding himself to be the Attorney-General of the Colony, although under suspension, appeared against the Crown without permission being granted him for that purpose. Being the undeniably able man he was, MR. TARRANT PROSECUTED FOR LIBELLING GOVERNMENT. 559 he now saw his chance to further expose that “wicked and ch. xxv §1. corrupt administration,” the destruction of which he had “ sworn to work.”* He was instructed by Mr. H. J. Tarrant, attorney, and a brother of the defendant. The Government, in its anxiety, had been fidgety about the Jury. A special Jury had been applied for and granted, and it was not until a series of irregularities had been committed and three lists had been drawn, that the authorities seemed satisfied. The special Jury was composed of some of the most influential re- sidents in the Colony, and it does not appear that the right of challenge was exercised by either side, the following jurymen being accordingly sworn in :—- Patrick Campbell, Esq., Manager of the Oriental Bank Corporation (British) ; John Costerton, Esq., Manager of the Incorporated Mercantile Bank of India, London, and China (British) ; N. M. Beckwith, Esq., of the firm of Russell & Co. (American) ; Francis Chomley, Esq., of the firm of Dent & Co. (British) ; Francis Parker, Esq., of the firm of Augustine Heard & Co, (American) ; Philip Cohen, Esq., of the firm of Phillips, Moore, & Co. . (British) ; Albert, Vaucher, Esq., of the firm of Vaucher & Co. (Swiss). A murrain then seized nearly ‘all the Government officials whose evidence was required. The certificate of illness of one of them was actually handed in by the Colonial Surgeon, Dr. Chaldecott, the ‘sick man’ being in Court at the time, and hearing it read! The Colonial Surgeon, under the circum- stances, did not escape Mr. Anstey’s critical eye and especially in regard to the alleged illness of Sir John Bowring, who had been subpeenaed as a witness for the defence, and who was said to be unable to attend for some days. There seemed also a determination to withhold official records and other evidence on the pretext of official correspondence. However, after preliminary objections to the information and amendments, the case proceeded. From a report of the pro- ceedings, from the short-hand notes taken for the Crown by Mr. Weatherhead, the acting Deputy Registrar, a state of affairs is disclosed as hardly credible to have been possible ina British Colony. Quite apart from Sir John Bowring, the Governor, who seems to have been the complete tool of Dr. Bridges, the records disclose relations between Dr. Bridges and Mr. Cald- well, showing the two. to have been on the most intimate terms, unworthy of a man holding the important position Dr. Bridges did in the Colony. ‘The latter in his evidence admitted inter alia that Mr. Caldwell had “occasionally recommended Chinese * See his evidence before the Police Court in the case against Mr. Wilson, on the nominal prosecution of the Crown, for libelling hin—Mr. Anstey—infra, p, 566, note. 1858, The anxiety of the Gov- ernment. The dis- closures. The relations between Dr. Bridges and Mr. Caldwell, 560 HISTORY OF THE LAWS, ETC., OF HONGKONG. Ch. XXV § clients to him,” and also that, after seeing Mr. Caldwell, he had 1858, The de- fendant pleads justification. The case for the Govern- ment, directed Mr. Inglis, the Governor of the (raol, not to cut off Ma Chow Wong’s tail after his conviction.* No wonder therefore that Dr. Bridges had stood forth as Mr. Caldwell’s most deter- mined champion and supporter. The defendant pleaded justification. The Government called three witnesses, the ex-acting Colo- nial Secretary, Dr. Bridges, the Assistant Chinese Secretary, Mr. Mongan, and the Surveyor-General, Mr. Cleverly, and the evidence condensed was as follows. First, the question turned upon the destruction of certain papers, and the loss of an import- ant memorandum by Mr. May, the Superintendent of Police, which memorandum that functionary alleged he had given to the acting Colonial Secretary, Dr. Bridges. The Government therefore had by the means of these three witnesses to prove its integrity as to these missing papers, inasmuch as the libel alleged that their production would have implicated Mr. Cald- well, the Registrar-General, with the notorious pirate Ma Chow Wong, and that the loss and destruction of these papers was a premeditated act for the purpose of screening him, Dr. Bridges proved that Ma Chow Wong was a notorious pirate and had been a bad character for years ; that Mr. Cald- well’s alleged intimacy with him was equally notorious ; that Mr. Caldwell had made strong efforts to obtain the pirate’s pardon, but had been foiled by the production before the Exe- cutive Council of certain papers found on a pirate named Beaver, as also by the production of Mr. May’s memoran- dum taken from the papers seized in the ‘hong’ of Ma Chow Wong; that sundry items in this memorandum did implicate Mr. Caldwell; that Mr. Caldwell was accordingly directed to examine the papers themselves and compare them with Mr. May’s memorandum; that Mr. Mongan, the Assistant Chinese Secretary, was appointed to assist him ; that Mr. Cald- well reported that the papers did not implicate him at all; that consequently he (Dr. Bridges) had ordered them to be burnt. He denied all knowledge as to what had become of Mr. May’s memorandum, although he admitted it had passed through his hands. He admitted that, notwithstanding the finding of the Caldwell Commission, his notorious connexion with the pirate, and all the reports of the various departments, Mr Cald- well had not been called to account by Government because ‘‘he had done nothing wrong to be called to account for.” * See anté Chap. XIXx., p. 447. + In reference to this open confession, the words ‘from some other cause,’ in para- graph 22 of Sir John Bowring’s despatch appear zignificant—see an?é Chap, XXIII. p. 520. v THE ACQUITTAL OF MR..TARRANT, abl Mr. Mongan, the Assistant Chinese Secretary, proved the ch. xxv §1. tampering with the papers, the motive being the removal of evi- 45 dences of guilt against Ma Chow Wong whose release it was - Mr. Caldwell’s object. to effect; that he had applied to the Governor as to what was:to be done with the papers, and that the Governor referred him to Dr. Bridges “who had told him to burn them.” ¥ Mr. C. St. G. Cleverly, the Surveyor-General, spoke as to the burnt papers, and said that, during the investigation, evidence had been rejected which should have been taken ; that Mr. Cald- well used to interrupt and make gestures to the witnesses depo- sing against him, which he as chairman had stopped ; and that Dr. Bridges had openly declared before the Commission “ that he had felt himself bound as a brother-freemason to stand by Mr. Caldwell,—a statement suppressed in the minutes” ! This closed the evidence for,the Crown, As Mr. Anstey was about to begin on behalf of the defendant, Mr. Anstey the Jury stopped him, and, after a short consultation, they inti- re mated to the Registrar that they had arrived at the opinion who unani- that. Government. had not. proved its case, and therefore there oe - was no necessity to expend more time in listening to the defence, verdict of —in other words, the defendant was not guilty of the misdemean- pwd ss our with which he was charged. The foreman, then addressing’ the Crown. the Chief Justice, said :— “My Lord, we have made up our minds—not guilty is our unanimous verdict.” : _ The following is also from the official report of the case :— Mr, Anstey, addressing the Jury: Gentlemen of the. Jury, let me understand you. The defendant by his plea of not guilty not only traversed the entire information, but he also pleaded in justification of the libel, cer- tain facts, viz., that the Government libellel was not the Queen’s lawful Government, but the ‘aecroached and usurped’ Government of one Dr. Bridges :—That the libellous matter was true, and that the publication there- of was for the common good. Is the Court to understand then, that you find for the defendant on both these issues'?— Foreman. Yes. _ oe Mr, Anstey. My Lord, then 1 apply for costs on both pleas. By section 8, chapter 96, Act 6 & 7 Victorig— : ‘If judgment. shall be given for the ‘defendant, he shall be entitled to recover from the prosecutor the costs sustained by the said defendant by. reason of such indictment or information, and that upon a special plea of jus- tification to such indictment or information, if the issue be found for the pro- secutor, he shall be entitled to recover from the defendant the costs sustained by the prosecutor by riason of sneh plea, such costs so to, be recovered by 362 Ch, XKV § 1. 1858, Payment of fees to jurymen. Result of case damaging to Mr. © Caldwell. Mr, Green's opinion on the case. Mr, Anstey's hands strengthened, The troubles of the Government inercased., HISTORY OF THE LAWS, ETC., OF HONGKONG. the defendant or prosecutor respectively to be taxed by the proper officer of the Court before which the said indictment or information is tried.’ The Court—And payable by the Crown ? Mr. Anstey—Yes, my Lord. By section 3 of Ordinance 4 of 1857, which runs ‘In all proceedings where costs would have been recoverable by or from private parties, they shall,be recoverable by or from the Crown.’ The Court—Then you shall have them. Registrar—(After paying them ten dollars each), Gentlemen of the Jury, you are discharged.” The above report discloses as may also be seen, the imme- diate payment to jurymen of their fees by the losing side. And so ended this unprecedented and disgraceful scene, which so clearly disclosed the false step of the Government—a step so damaging to itself in reference to the charges against Mr. Cald- well which had led to Mr. Anstey’s suspension, and for denoun- cing which the defendant was prosecuted, but for which the Government now stood morally convicted by the unanimous verdict of a special jury. Writing from “ Stanley Street,” on the 25th November, Mr. Green, the acting Attorney-General, submitted his report to the Government of the conclusion of the trial of Mr. Tarrant. In it he distinctly stated that “the imputation against Dr. Bridges must have been regarded by the Jury as proved,’ and that “the prosecution of the case should never have been commenced under his advice ’—thereby falling in with Mr. Anstey’s views as ori- ginally submitted to the Government. Mr. Green further add- ed, in extenuation of his position that the case ‘ commenced while Mr. Anstey was discharging his functions as Attorney- General, continued by Mr. Day, as his provisional locum tenens, it had been concluded by himself under considerable disadvan- tages.” With these facts before one, could Mr. Caldwell remain any longer in the service in the honourable position of Protector of Chinese, Registrar-General, or Justice of the Peace, after the exposures made in this case alone, and would not the result now strengthen the hands of Mr. Anstey? These were ques- tions which the Government was now called upon to face, and at all events it had now but weakened its hands and increased its troubles. Sir John Bowring, who had been suffering for some time past from serious illness, aggravated by domestic calamities THE ASTONISHING ATTITUDE OF SIR JOHN BOWRING. 563 and furious local squabbles partly brought on by his own weak- Ch. XXV § I. ness as an administrator, took advantage of Mr. Mercer’s return to duty on the 24th November to take short leave of absence. As will be recollected, Mr. Mercer had proceeded on leave so long ago as on the 14th February, 1837, and had therefore been nearly two years away. How much he also was responsible for the condition of affairs in the Colony, through his recom- mendation to the Governor of his ‘Oxford’ friend, Dz. Bridges, for the acting Colonial Secretaryship, an arrangement strongly objected to at the time,* the reader may judge for himself. ~ On the 27th appeared Government Notifications that the Lieutenant-Governor, Colonel Caine, would administer the Gov- ernment during the Governor's absence, and that all communica- tions with the Superintendency of Trade should be addressed to Mr. George Whittingham Caine, officiating Secretary to the Plenipotentiary, ‘‘who would be left in charge of the current business of the office ’”’—an important step already for Colonel Caine’s son before referred to in this work f and in regard to whom more particulars will appear hereafter. { Before his departure for Manila, however, Sir John Bowring reported the result of the case against Mr. Tarrant. to the Home Government. Having been a staunch and blind supporter of Dr. Bridges throughout, and as in the case of the Caldwell Commission and its conclusions as regards Mr. Caldwell,§ or of the Justices of the Peace who had decided ex propria motu that. Mr. Caldwell was unfit to remain in the Commission of the Peace, || naturally endugh Sir John Bowring could not now either agree with the conclusions of Mr. Green, the acting Attorney-General, who had conducted the prosecution or less so of the Jury, and it goes without saying that opportunity was again taken of making Mr. Anstey the scape-goat and, there- fore, the subject of attack. This is what Sir John Bowring wrote to the Secretary of State :— Government Offices, Victoria, Hongkong, 27th November, 1858. Sir, , The case of Regina v. Tarrant has already been referred to by me in Des- patch No. 116, of 30th August last. “Thave now the honour to enclose the acting Attorney-General’s report of the trial and verdict. I deeply regret that my exhausted state prevents my giving reasons for not concurring in some of the conclusions at which the acting Attorney- * Anté Chap. XVIII, p. £25. + Anté Chap. Xx. § I1., p. 467, aul reference there given. t See Vol. 11., Chap. LIX, § See paragraphs 40 and 65 of Sir John Bowring’s despatch, aute Chap. Xx11J., pp. 523, 529. j ; || Anté Chap. XXIII., p. 502, and paragraph 75 of his despatch, id., p. 531, 1858. Sir John Bowring takes leave on Mr. Mercer’s return. Colonel Caine, Lieutenant- Governor, administers the Govern- ment. Mr. G. W. Caing in charge of Superintend- eucy of Trade. 564 HISTORY OF THE LAWS, HIC., OF HONGKONG. Ch. XXV § I. General has arrived. I think the jury’s decision a very extraordinary one,” 18858, Sir Jobn Bowring leaves for Manila. He reports Mr. Anstey for taking retainers against the Crown. The unofiicial members of the Legislative Council protest against the appointment of Mr. Rennie, Auditor- General, to the Council. The pork butchers and Mr, Caldwell as prosecutor in an alleged unlawful assembly case. and was much surprised at the enormous mags of irrelevant and vituperative matter which Mr. Anstey was permitted unchecked to introduce; but as I desired a short-hand writer to be employed to take notes of the proceedings, those notes will be forwarded to you by the next mail. I have, ete., (Signed) Joun Bowrine. To a The Right Honourable Sir Epwarp B. Lyrron, Bart., uv. Sir John Bowring took his departure for Manila in H.M.S. Magicienne on the 29th November, visiting various places during his stay there, including Borneo, and returning to Hongkong on the 17th January, 1859, when he lost no time in reporting to the Secretary of State “the payment of the defendant’s costs in the case of the Queen v. Tarrant,” and calling Sir Edward Lytton’s attention to “the conduct of Mr. Anstey in taking retainers against the Crown, and at the same time signing him- self ‘ Attorney-General.’” Ata meeting of the Legislative Council held on the 4th Decem- ber, presided over by the Lieutenant-Governor in the absence of the Governor, all the members being present, except the Chief Jus- tice, who was absent on judicial business, the unofficial members protested against the addition by the Governor of the Auditor- General, Mr. Rennie, who had been gazetted on the lst Novem- ber as an additional member. The grounds of their objection were stated at length and contained, in short, a history of the Council from its conception. Mr. Rennie’s appointment, how- ever, was afterwards confirmed,f and the result of the unofficial members’ protest communicated to the Council at a meeting held on the 18th May, 1859. It was Mr. Caldwell’s turn now to come prominently again under public notice. As prosecutor in the Police Court, on the 11th December, he charged forty-one Chinese with having assembled illegally in contravention of section 22 of Ordinance No. 8 of 1858. It seemed that he had been informed by the tepo of the Lower Bazaar, that the pork butchers were to hold a large meeting on the 10th December, in order to combine for some unknown purpose ; and, all such meetings (usually held to keep up prices) being illegal, unless leave was granted by the Governor, he informed the Superintendent of Police of the report * See his remarks upon the report of the Caldwell Commission : “Of the manner in “which the Commission discharged their duties, I cannot report satisfactorily,” and again “this document, I believe, is considered by all parties (sic) most unsatisfactory... The Com- missioners have strained every point which could possibly be made to tell against Mr. Caldwell.” Anté Chap. XXIII, p. 523, § 40, and 7d., p. 529, § 65. + Sao Chan vvottt infra! MR. CALDWELL’S PROSECUTION OF THE PORK BUTCHERS. 565 which had been made to him, and, on consultation with that cu. xxv gL officer, agreed to go with the Police to aid in discovering the rules —_g5¢, of the pork butchers’ society, if such existed or was about to be formed. Upwards of forty: men were found assembled, and arrested, and the papers found on the premises, Mr, Caldwell informed the Police, were the rules of the society and invitations to the meeting. At the Magistrate’s Court. the men were charged with breach of section 22 of Ordinance No. 8 of 1858, and with unlawful combination. The case was remanded by Mr. Mitchell, the As- sistant Magistrate, in order that he might forward the depositions to the acting Attorney-General, and ascertain whether it might be committed for trial at the Supreme Court, instead of being dealt with summarily. A few days afterwards, Mr. Caldwell was informed that he would require to satisfy the Magistrate that the meeting was a public one and for purposes of combina- tion. On the 17th December he received a note requesting his qe defend attendance at the Court, and immediately went up, but only to ants, | find that the defendants had all been discharged. Dr. Bridges De. Bede appeared for four of the defendants, Mr. Anstey on behalf of and Mr. thirty-seven; the Magistrate discharged the defendants, and a discharged, demand (which was not granted) was made for costs. Mr. Anstey applied to have Mr. Caldwell fined for laying a yyy, anstey’s false information or making a malicious arrest. The Magis- application trate replied that under present circumstances such a course Caldwell on his part would be unbecoming, and as the Supreme Court be fined for was open to the parties wrongfully arrested, he declined. As arrest. soon as Mr. Anstey left the Court, Mr. Caldwell who, it is On mr. recorded, “ had been lurking about the Court,” entered and took ce tis his seat on the Bench as a Justice of the Peace. Three days Court, afterwards Mr. Caldwell was served with two writs of sum- Mpc monses from Mr. Hazeland as solicitor for two of the Chinamen, cae as a claiming $1,000 damages from each. Onan application for a Sf the Peace. rule nisi to quash the action, the Chief Justice on the 7th Action for January, 1859, dismissed the application until the plaintiffs had seeiree Me been brought before the Court in the regular way and assured Caldwell. of protection against Mr. Caldwell and had stated their desire Application to discontinue the action. Such an insult, as great as it to quash was merited, was never before cast upon a high officer of the the action Government, but from the records it does not appear that the o., seoutt, matter was ever proceeded with, Mr. Caldwell having doubtless in the meantime brought his influence to bear. At the Criminal Sessions on the 18th December, Mr. Andrew Prosecution Wilson, the editor of The China Mail, stood his trial for libelling Mr. 2"¢ Wilson, Anstey, the Crown being nominally the prosecutor. The China editor of 566 HISTORY OF THE LAWS, ETC., OF HONGKONG. ch. xxv § 1. J/ail besides being the avowed organ of the Government had 1858. The China Mail, for libelling Mr. Anstey. The facts, always supported Dr. Bridges and his administration,* while showing an antagonistic spirit towards Mr. Anstey. The fol- lowing are the particulars of the action which came on and ter- minated in a manner no less startling. The case of the Crown v. Tarrant was called on, as the reader will remember, on Thurs- day, the 18th November. It could not be proceeded with in consequence of the absence upon the alleged plea of sickness of several Government officers (one of whom was the Governor) whose testimony was essential to the defence. Mr. Anstey, the counsel for the defendant, scoffed jocosely at these alleged pleas of sickness, and, after some little fencing, the Chief Justice appointed the following Monday for the trial. These prelimi- nary proceedings happened upon the publishing day of The China Mail, and either that evening or the following morning a leading article appeared on the subject, of which the following is an extract :— “One of the wretched falsehoods employed to cheat public opinion in this case was used by Mr. Anstey in Court to-day, and was, as stated in defendant's newspaper, that Sir John was able to go to Aberdeen “on Saturday "—the fact being that he did go on a Saturday, two or three weeks ago before he was taken ill, but not on Saturday last.” In addition to this the same article contained such expressions as the following :— . “For purposes of revenge it is ‘easy to rake up official or other quarrels, but care should be taken not to allow such to obscure other questions.” Again— “Who has brought to bear all the low cunning of a steward’s pantry,t and the ingenuity of an ex-Irish Member of Parliament.” * The following was Mr. Anstey’s reply to an irrelevant question put to him at the Magistrate’s Court by the defendant, Mr. Wilson, as to his authority for having stated that The China Mail was a tool of Dr. Bridges and his administration :— * Because I always noticed when I have been the object of attack, it has been for the purpose of giving Dr. Bridges personally, politically, and socially the benefit of it.: I verily believe that whenever it suited the views of these parties that characters should be libelled, the defendant was the person employed, cxcept in cases where the officers of the Government themselves, from the highest downwards, had their part in the scandalous work. I found this belief, not only on the fact that the defendant, uncontradicted from the moment of his arrival, boasted in his paper that he was their organ, and enjoyed exclusive information, thanks to his connexion with them ;—not only in the intrinsic evidence contained in the articles themselves of disgraceful violation of official confidence, and even the secrets of the Executive Council, either by members or by persons in their employ,—not only because Zhe China Mail has enjoyed exclusive information withheld from or denied to other papers; not only because Dr. Bridges on oath in the Supreme Court declined to deny his belief that Sir John Rowring was himself the author of some of the articles in the late case of the Queen against Tarrant, but chiefly because it was a wicked and corrupt administration, whose destruction I had sworn to work. That is my answer, Sir.” ; f The word “steward” was an epithet of opprobrium which the editor of Zhe China Mail was in the habit of attaching to the editor of The Friend of China, My. Tarrant, who was the defendant in the case referred to, Mr. Tarrant was at sea when a boy*—the steward dying and he, being the handiest lad on board, had to do steward’s duty—hence the epithet. The ex-Irish Member of Parliament, of course, referred to Mr. Anstey as ex-member for Youghal. ? * See ante Chap. 11 $11, p, T. MR. WILSON CHARGED WITH LIBELLING MR, ANSTEY. 567 These remarks emanated from The China Mail, the Govern- ch. XXv § 1. ment organ, and were made upon the preliminary proceedings jag ina case in which the Crown was the prosecutor, and which : ultimately failed without the defence being entered upon, and the sentences quoted above formed the gist of the libel which ~ came to trialon the 18th December. Mr. Anstey applied to the Judge in the first instance for a writ of attachment, in order that the editor of The China Mail might be publicly reprimanded. The Chief Justice, however, refused, on the grounds of the matter being too serious for any punishment which he had the power to inflict under such circumstances. The matter conse- quently fell into the hands of the Crown Solicitor, who issued a summons from the Magistrate’s Court, where the editor was committed to take his trial, as above stated, at the Criminal Sessions. ‘There he did not attempt to plead justification, but put in the plea of not guilty. A special jury was summoned at the instance of the defendant. The acting Attorney-General, Mr. F. W. Green, prosecuted, and Mr. Kingsmill, defended. According to the records of the time, in opening the case, Mr. Green stated that—- “ The libel was both false and malicious towards Mr. Anstey—false, inas- much as a lie had been put into that gentleman’s mouth, which he had never either uttered or made use of—malicious, in having stated that Mr. Anstey’s object was to breed strife and feed revenge and not to serve his client; be- sides which the animus shown was most palpable both in the paper which contained the libel.and in subsequent publications. - ‘That the libellous article pressed with peculiar force upon Mr. Anstey, inasmuch as the editor of The China Mail boasted that his journal was read by Her Majesty’s Ministers, the remarks in which could not in such ease but prejudice Mr. Anstey in their eyes, in his present peculiar and painful position. The libel charged Mr. Anstey with falsehood, and low cunning to defeat the ends of justice—further with having for his sole object. the gratification of spite and revenge. The learned gentleman maintained that no barrister could pursue bis vocations if he were not protected from such aspersions as these. But there was still another consideration which compelled him to press for punishment—that was the libel was peculiarly adapted to defeat or divert the ends of justice—it prejudged a case in its preliminary stage upou false grounds, and malicious reasoning, and it tended to prejudice the public and the jury in a marked manner and for a specific end and purpose.” ete eat After evidence had been taken contradictory of the allegations .contained in the sentences quoted above, the matter of this libel, showing that Mr. Anstey had been subjected to much annoy- ance and injury by the attacks of the paper in question, which on one occasion had referred to Mr. Anstey as a civilized savage,— “Mr. Kingsmill, the defendant’s counsel, pointed out that the libel did not imply the coining of a falsehood on the part of Mr. Anstey, but the making use of a falsehood which had been printed in T’he Lriend of China. He did not, however, lay much stress upon this defence, but he submitted that the words bore that interpretation and he threw his client on the mercy of the Court,” 568 Ch. XXV $1. 1858, Verdict for the Crown. The sentence and apology. Colonel Haythorne, member of the Executive Council. Murrow ». Sir John Bowring. Action for assault and false imprison- ment. HISTORY OF THE LAWS, ETC., OF HONGKONG, The Chief Justice said that he had no hesitation in giving his opinion that the libel charged Mr. Anstey with a wretched false- hood, but he would take the opinion of the Jury, who instantly. and unanimously coincided with the Court. * Mr. Kingsmill then addressed the Court, and said his client would place himself in its mercy. He was desirous of express- ing his regret at having published, unknowingly and unwit- tingly, the libel in question. His client had been willing: to retract and apologize, but had: been prevented by the eonduet of the prosecution. — "a The Court— Very well, then, let a verdict be taken for the Crown, and let the defendant enter bis own recognizance in £1,000 to appear and receive the judgment of this Court when called upon. In the meantime let the defendant make and print an apology, which ought to be an ample one ;” “and,” said His Lordship, “I would suggest to the Gentlemen of the Press, that, if they make mistakes, they should lose no oppor- tunity of correcting them ; and when they are wrong, set them- selves right again at once.’’* On the 24th December, Colonel Haythorne, Commandant of the Garrison, was gazetted a member of the Executive Council ‘on all occasions when Major-General Sir Charles Van Stran- benzee was absent from the island.” The action for assault and false imprisonment instituted by Mr. Murrow against the Governor, Sir John Bowring, claiming $5,000 damages as before mentioned,} came. on for hearing on the 30th December. Mr. Anstey was counsel for the plaintiff, and the acting Attorney-General, Mr. Green, represented the * The apology tendered was as follows :— ; “With reference to the proceedings in the Supreme Court on the 18th December, when we were arraigned for a libel on Mr. Anstey, we have to state, that on reconsider-. ing the articles in Zhe China Mail of the 18th and 25th November and the 2nd December, we see that we have committed. ourselves to a libel; Lut we take this opportunity of say- ing, that we had no intention of charging Mr. Anstey with either stating a falsehood or deliberately making use of one. © Ba ete etter a ' Our meaning was, that a false statement had been in circulation, to the effect that Bir John Bowring had been able to go to Aberdeen ;' and that. Mr. Anstey had turned this statement. to account in urging on the Court his opinion that the Governor was well enough to attend and give evidence. 5. We see that we'also committed ourselves in charging Mr. Anstey with this use of a false report in supporting his client’s cause; and that not.merely the first,.article above mentioned is open to the charge of libel, but also that the explanation we advanced is injurious in itself. . cate . Ks .For the expressions contained in these articles we tender our apologies, and withdraw, whatever has given offence, as also some expressions which have appeared in,our later issues calculated to annoy. In short, on reviewing all the circumstances, wé sce we were in the: wrong, and gave way to a momentary indignation which there was.nothing to. justify.”-+ (See Zhe China Mail, January 13.) - + Antd Chap, xx. § 11, p. 471. . MR. MURROW’S ACTION AGAINST SIR JOUN BOWRING. 569 Governor. The-plaintiff, it will be remembered; had been com- Ch. XXV § 1. mitted to Gaol for six months and -fined £100, on the 19th 4 gr, April last. He claimed that being neither a. prisoner under Mr. Anstey, civil or criminal process, he had by orders of the defendant been ane imprisoned in the criminal gaol in the company of felons, and The plain- that subsequently Mr. Inglis, the Governor of the Gaol, took tif’s case. him te his (Mr. Inglis’) own room and there told him he was getting a room ready for him in the Debtors’ Gaol, and that if he (plaintiff) would put the censorship of The Daily Press under his charge, he would keep him there entirely upon his own responsibility upon his giving his word he would not escape, and that when making the promise he was not aware that the Governor had done wrong in imprisoning him in the criminal gaol. Plaintiff also complained of the condition of the ‘cell’ in which he was imprisoned. The defence was a complete denial of the charge. After what was termed one of Mr. Ans- tey’s ‘best speeches’ on behalf of the plaintiff and in which he acting again broke out in poetry* as he was sometimes wont to do,f the gttorney- acting Attorney-General submitted there was no case to go to the submits Jury. The following conversation then took place :— ae ae Hulme, Chief Justice—I cannot certainly see any connexion of this case with Sir John Bowring. It is quite clear that Mr. Inglis acted upon his own responsibility in this matter ; I shall therefore direct the plaintiff to be i non-suited. Mr, Anstey begged the Court would first allow him to quote authorities as to the responsibility of the defendant, before it proceeded to such a measure. He then quoted several cases to show the liability of the defendant for Mr. Inglis’ acts. . my . Mr. Green [Acting Attorney-General|—My Lord, Ihave plenty of cases to. show the contrary. cyte Hulme, Chief Justice—Oh ! I know you have. Mr, Anstey—Then, my Lord, I cannot consent on behalf. of my client to a non-suit. woe 5 .. lulme, Chief Justice—Very well, then ; 1 shall direct a verdict for the defendant. You can then move fora new trial on the ground of misdirection, which I shall refuse, and then put the case in train for an appeal, if you wish, ‘ : 7 Verdict -. The Court then directed a verdict for the defendant. fot ue : clerendant, Mr, Anstey applied. for a new trial which was refused. New trial ; : ‘ refused. Mr. Anstey may. have “sworn to work the destruction of 41, anstey’s Sir John Bowring’s corrupt and wicked administration,” but determina- ———____-—— ——— oe ps : tion ‘to work * “Tn every branch of the Executive over which Sir John exercised authority.” said the destruc- Mr, Anstey, “had the glorious constitution of England been scandalized and disregarded. tion of Sir John Bowring might use the words which Shakespeare put into the mouth of one of Sir John his characters :— Bowring's Faith I have been a truant in the law; corrupt and And never yet could: frame my will to it; wicked. And, therefore, frame the law unto my will.” ‘ administra- ‘To.obtain-redress from-that will so framed, all avenues were closed sare one—that tion,’ -was the verdict of a jury...” ° ; + See anté Chap. XxTv., p. 530, 570 Ch, XXV $1 1858, The year 1858 a memorable one in the dark pages of Hong- kong’s history. A suspended Attorney- General seeking the punishment of the Governor. Prosecution of cleadly feuds between officials and others. Ch. XXV § 1. 1859. Mr. Davies, Chief Magistrate, moves in Legislative Council for production of correspon- dence relative to Opium Farm privilege and Dr. Bridges. Protest of Mr. Davies against the refusal of Government. Secretary of State’s refusal to confirm two Ordinances without altcration. Ordinance No. 8 of 1858. HISTORY OF THE LAWS, ETC., OF HONGKONG, he cannot be sid to have been successful in his determination to prosecute this action to the bitter end ; and thus terminated another of those scandalous matters which will for all ages mark out the year 1858 as a memorable one in the dark pages of Hongkong’s history, with the astonishing coincidence of a suspended Attorney-General seeking the punishment of the Governor of the Colony upon a matter wherein his own judg- ment must have told him he was quite wrong both as to law and facts. . The whole of the year was marked by the prosecution of deadly feuds between officials and others to the detri- ment of the public service and of society generally in Hongkong, which for some considerable time had been seething like a cal- dron from the heat of the contest between the parties headed, respectively, by Mr. Anstey, Sir John Bowring, and his now degraded friend, Dr. Bridges.. On the 4th January, 1859, Mr. Davies, the Chief Magistrate, moved in the Legislative Council for the production of the corres- pondence relative to the opium farm privilege and Dr. Bridges. The Lieutenant-Governor, Colonel Caine, regretted he could not accede to the request, and at a subsequent meeting, held on the 20th January, Mr. Davies put in his protest against such refusal of the Lieutenant-Governor and his reasons for thinking the motion a proper one to be discussed. Sir John Bowring who presided at this latter meeting, having returned to the Colony, as before stated, on the 17th January, remarked that the despatch received from the Secretary of State was a privileged com- munication and could not be called for ;* that it contained no opinion favourable or unfavourable to the finding of the Com- mittee upon Dr. Bridges’ conduct in relation to the opium farm and that it could not be produced ; but that he had no objection to Mr. Davies’ protest being entered upon the minutes. Two Ordinances were then passed through their second read- ing nem. con. They were simply to amend Ordinances passed last year which the Secretary of State for the Colonies would not confirm without the alterations which these Ordinances involved, ' One referred to deportation. The Secretary of State disap- proved of the power, which Ordinance No. 8 of 1858 gave the Governor, of deporting Chinese to any part of the Emperor's Dominions, and suggested that the limits of such deportation should be restricted to the native place of the individual de- * This was the despatch in acknowledgment of Dr. Bridges’ services, referred to anté Chap. XXITT., p. 509, THE SECRETARY OF STATE ON LOCAL LEGISLATION. df1 ported.* . Accordingly, at an adjourned meeting on the 20th ch. xxvgu. January, the amending Ordinance (No. 1 of 1859.) was passed, and its only section read as follows :— 1. That no person who shall be deported by His Excellency the Governot- in-Council, under the twenty-eighth section of Ordinance No. 8 of 1858, shall be deported to any place other than the native country of such person, without such person’s free will and consent.” Lhe other had reference to the Penal Servitude Ordinance, No. 10 of 1858, which provided by section 4 that any prisoner in Gaol who, being cognisant of an escape, did not prevent it, should be punished as an aider and abettor. This was entirely repealed by one of the Ordinances now brought forward, and which was also passed on the 20th January, 1859, and npm- bered 2 of 1859. _At the meeting of Council on the 4th January, the Governor further stated that at the end of every session of the Imperial Parliament, it had been arranged that the Attorney-General of the Colony should peruse the legislative enactments of that period, and selecting such as it might be desirable to adopt to keep pace with the progress of the times, and such as might be adafited to the requirements of the Colony, embody the same in an Ordinance and subinit it to the Council, and that it was in pursuance of such an arrangement that Mr. Anstey had submit- ted Ordinance No. 5 of 1858. Sir John Bowring now asked the Council to repeal that Ordi- nance, regarding which, as he had stated at a previous meeting of the Council on the 4th October, 1858,f a despatch had been received from the Secretary of State, and which despatch, he now proceeded to read.§ - With régard to Ordinance No. 13 of 1858, the remarks of the Secretary of State in reference to Ordinance No. 5 of 1858 were as appropriate and disclosed carelessness on the part of the Hongkong Legislature in adopting Imperial enactments, per- fectly inapplicable to the circumstances of the Colony. After having read the despatch before alluded to, the Gov- ernor said that, upon the strength of such a very important * The clause objected to was the following :— 28 § 9. “For every offence agaiust section 23, a suin not exceeding five dollars; or the offender shall, at the discretion of the Court, receive ‘not more than thirty-six blows, nor less than five blows, with a rattan; and he shall also, if His Excellency in Council shall so decide, be deported to any place in the Chinese Empire or elsewhere.” ‘ ¢ See anté Chap. xxIv., p, 543. £ dd., p. 542. $ Zi, p. ots 1859. Ordinance No. 1 of 1859. Or linanee No. 10 of 1858, Ordinance No. 2 of 1839. Statement of the Governor on the instructions to the Attorney- General “to keep pace with the progress of the times” relative to the introduction of Acts of Parliament. Ordinance No. 5 of 1858. Sir John Bowring asks the Council to repeal — the Ordi- nance, in accordance with instruc- tions from Secretary of State. Ordinance No. 13 of 1858. Imperial enactments inapplicalle tothe circum- stances of the Colony. The Goy- ermor as to steps he had taken, j72 Ch.XXV8 HL. 1859. The acting Attorney- General’s suggestion that the matter stand over until the Attorney- Generalship be perma- nently filled. The Chief Justice’s approval of the course suggested and the ‘superfiuous piece of legislation.’ The Governor as to such subjects being left to the law officers. My. Davies, Chief Magistrate, and the “unmerited slur’ cast upon Mr, Anstey. ‘he Gov- ernor’s reply, HISTORY OF THE LAWs, EVC., UF HONGKONG. document, it became imperative to do something ; that he had. placed the matter in the hands of the late Mr. Day, with in- structions to frame an Ordinance to meet the exigencies of the: case ; that Mr. Day’s sickness and demise had delayed the matter ; and that now it had been placed in the present acting Attorney- General’s hands with similar instructions. The acting Attorney-General, Mr. Green, said that his tenure of office was so uncertain, and the subject involved such an ex- tensive amount of legislation, that he did not feel justified, in meddling with it; that Ordinance No. 5 of 1858, as it stood, was quite inoperative ; and that therefore he suggested it should remain as it was until the Attorney-Generalship should fall into permanent hands, The Chief Justice was of the same opinion, adding that, when Mr. Anstey submitted the Ordinance to the Council, he had con- sidered it a superfluous piece of legislation. ' The Governor said that such subjects were always left to the law officers, for it could not be expected that the other mem- bers could wade through the enactments of an entire session of Parliament. He thought that an Ordinance, the defects of which were of such a nature as those pointed out in the despatch, should be repealed, but as no one seconded him, the acting Attorney-General’s suggestion was adopted neni. con. The despatch was ordered: to lie on the table, and the Coun- cil then adjourned to the 4th February when the minutes of the previous meeting held as above were read, but, previously to their being confirmed, the Chief Magistrate, Mr. Davies, begged to remark that a slur had been cast upon Mr. Anstey which be thought was unmerited. The absent gentleman had been ac- cused of hasty legislation, and it appeared that an Ordinance which he had framed had been sent back for reconsideration by the Secretary of State, which Ordinance the Council at the last meeting had decided should lie over until the post of Attorney- (Gseneral was permanently filled. The Chief Magistrate begged to remark that this same Ordinance had actually been confirmed by Her Majesty’s Ministers,* who were therefore equally to blame with Mr, Anstey. He thought the circumstances of the confirmation should be expressed on the minutes. The Governor replied that the Secretary of State had laid a complaint against the Council of hasty legislation—it was a grave charge and had been laid before the Council without Joss * Sco Sir Edward Lytton’s despatch, avté Chap, Xxt1v., p, 545, MR. DAVIES DEFENDS Mk. ANSTEY IN COUNCIL. a3 of time. He believed that the minutes merely contained a ver- Ch. XXV§ 1, batim extract. of the acting Attorney-General’s motion. The Chief Magistrate replied in that case he had no more to say, but he felt sure the Governor would excuse him for appear- ing in the defence of an absent member. In the face of the facts hereinbefore related in reference to Ordinance No. 5 of 1858, it seems difficult to understand the attitude of Mr. Davies in the above discussion, except his evident anxiety to endeavour as far as possible to relieve his friend, Mr. Anstey, of the entire responsibility attached to the blame conveyed by the Secretary of State in his despatch under consideration. Mr. Davies, it may be added, was on terms of great friendship with Mr. Anstey, and had on more than one oceasion extended his sympathy to him in the treatment he had received from the local authorities, whose corruption and in- competency had been but too palpable to himself also since his tenure of office in the Colony. By whatever light taken, however, this was but a generous action on the part of Mr. Davies on behalf of his energetic and conscientious absent friend Mr. Anstey, who, imbued with good intentions no doubt and when suspended and practically super- seded, had never had an opportunity afforded him of explaining matters in reference to the rejected Ordinances.. Mr. Anstey left Hongkong for England on the 30th January, 1859, by the P. & O. Mail Steamer Cadiz, on twelve months’ leave of absence on medical certificate, which fact Sir John Bowring duly reported to the Home authorities. H1s departure, however, but transferred the question of his suspension and the facts in reference thereto, to a different place.* With reference to the debate in Council as to framing a fresh Ordinance ‘‘to meet the exigencies of the case,” and the suggestion of Mr. Green that the matter should stand over until the Attorney-Generalship be permanently filled, it may be mentioned that it was not until the 30th April, 1860, that any steps were taken, when Ordinance No. 5 of 1860 was passed, repealing Ordinance No. 5 of 1858, tn toto. Con- sidering the discussion that ensued upon the latter Ordinance, it may not be inappropriate to reproduce here Ordinance No. 5 of 1860, which in its preamble shows how it was intended here- after to deal with the provisions of the enactment repealed :— An Ordinance for repealing Ordinance No. 5 of 1858. Whereas it is expedient and necessary to provide by distinct legislative measures for the various objects embraced by Ordinance No, 5 of 1858 ; and, in * Sce Chap. XXVI., and subscquent refcrences, 1859. Mr. Davies’ defence on behalf of an * absent member.’ Comments upon Mr. Davies’ action. His anxiety to defend his friend, Mr. Anstey. Departure of Mr. Anstey for England. Ordinance No. 5 of 1858, when repealed, Ordinance No. 5 of 1860, o74 Ch, XXV§IL J859, The ‘ distinct legislative measures,’ Ordinance No. 5 of 1860, Ordinance No. 7 of 1860, Ordinance No. 5 of 1858. Ordinance No. 13 of 1858, Ordinance No. 6 of 1859, HISTORY OF THE LAWS, %T'C., OF HONGKONG. order to establish such legislation on a proper basis, it is necessary to repeal the said Ordinance : Be it therefore enacted and ordained by His Excelleucy the Governor of Hongkong, with the advice of the Legislative Council thereof :— 1. That Ordinance. No. 5 of 1858 be, and the same is henceforth and hereby repealed. With but few exceptions have the Imperial Acts, which it was intended to introduce, been since incorporated with the laws of Hongkong, but, as will be seen later on, on the same day that Ordinance No. 5 of 1860, before alluded to, was passed, the Legislature also passed Ordinance No. 7 of 1860, which ex- tended to the Colony the whole of the second schedule of the repealed Ordinance No. 5 of 1858,* relating to certain ‘ Rules, Orders, and Regulations of the Superi ior Courts of Law and Equity at Westminster’ which Mr. Anstey had introduced, and which, it will be remembered, the Chief Justice had qualified, while the question of hasty legislation was before the Council, as being ‘a superfluous piece of legislation.’ As regards Ordinance No. 13 of 1858, it was afterwards mo- dified, and on the 26th December passed the Legislature, being nuintbered Ordinance No. 6 of 1859, and entitled “An Ordi- nance for providing Hospital Accommodation on board Chinese Passenger Ships, and for the Medical Inspection of the Pas- sengers and Crews about to proceed to sea in such Ships.” * Anté Chap, XXIv., p. 544. ‘ ~T qu CHAPTER XXVI. 1859. My, Anstey’s brief and troubled carecr in Hongkong reviewed.—Uis incorruptible sense of public duty.—His consciousness of ‘rectitude and the success of his efforts,—The Crown v. Tarrant.—Caldwell +. The Pork Butchers,—Mr. Anstey’s charges against Dr. Bridges.—No other man in the Colony qualified for the task which Mr. Anstey had un- dertaken.—Thwarted by the Governor and Dr, Bridges, as partisans of Mr. Caldwell.— Government of Sir John Bowring contrived to whitewash Mr. Caldwe}l.—Colonel Caine desirous that his protégé, Mr. Caldwell, should not appear as an undesirable subject.—Mr. Anstey leaves Hongkong in bad health.—Mr. Anstey not resting on his oars on arrival in England.—Sir John Bowring directly responsible for condition of affairs in the Colony. —The animosity displayed towards Mr. May.—A Chinaman again upon the Jury List.— Anxiety of Chinese to serve upon the Jury.—Ordinance No. 18 of 1887, s, 8.—The position of a juryman.—Ordinance No. 8 of 1895, s. 5.—Murder of a Chinese boy on board the American ship. Mastiff. Trial of the English, sailors, Gibbons, Jones, and Williams. —The facts, Sentenced to death.—The Chief Justice and ‘the black cap.’—Sentence against Williams commuted. —Execution of Gibbons and Jones.—The Chinese gratified:—The enthusiasm of the Chinese mandarin at Kowloon.—The lamentable bungling at the exe- cution.—Not: satisfied with the public execution of the Englishmen, the Government seek ‘further advertizement ‘to please the Chinese.’—Government Notification that under anthor- ity of British law equal justice is dealt to all.—The absurdity of the notification —Order of Her Majesty-in-Council of 3rd March. 1859, repealing prohibitions on the trade of British subjects.—Mr. Anstey and the Caldwell-Ma Chow Wong connexion in the House of Lords and House of Commons.— Public meetings at Sheffield and Newcastle. — Petitions to the House of Lords signed by the Mayors and inhabitants of Sheffield and Newcastle.— Discussion in the House of Lords upon the petitions—In the House of Commens,-- In the House of Commons Mr. Ridley asks for particulars about the Caldwell-Ma Chow Wong connexion ; the case against Mr. Tarrant and destruction of papers by order of Dr. Bridges.—-Sir Edward Lytton's reply and intcresting speech.— Proposal to refer, papers to legal adviser, Mr. Anstey's suspension confirmed.—Yhe Timcs upon the position in Hongkong.—The allusion to Sir John Bowring and Dy. Bridges.— A man of tact and firmness to settle the matter’ suggested.—Sir Edward Lytton’s despatch dismissing Mr. Anstey.—' The Secretary of State takes no notice of accusations against a public officer in a Colony unless they come before him through the Governor.’—'The Attorney-General is an officer whose especial function is to render counsel and assistance to the local Gov- ernment.’—The unfortunate condition of the public service in Hongkong to be inquired into by the new Governor.--The despatch.—A plain recall of Sir John Bowring.— Depar- ture of Admiral Sir M. Seymour.~The community present him with an address and a piece of plate of the value of 2,000 guineas. Admiral Seymour records his sense of Mr. Caldwell's services.—Admiral Hope succeeds Admiral Seymour,.—Return of Mr. Pollard as a barrister.—Temporary removal of the Magistracy to Pedder's Hill.— Hongkong affairs again before Parliament.—Motion of Mr. Edwin James for production of papers.—Letter from the Earl of Carnarvon to Mr, Anstey expressing ‘sinvere regret’ at the confirmation of his suspension.— Te Morning Herald on Sir John Bowring and the discreditable state of affairs, ‘An empty-headed, malevolent, lying, political quack like old Bowring.’ —Mr, Anstey's successor as Attorney-General, Mr. Adams, connected with Zhe Alorning Herald. —Arrival of Mr. H. C. Caldwell, a brother of Mr. D. R. Caldwell, from London.—Previ- ously Registrar of the Recorder's Court at Singapore and_a fugitive defaulter.— A backed criminal warrant in the bands of the Superintendent of Police——He is allowed to depart for Macao,—Mr. Anstey’s report to the Secretary of State.——Mr. H. C. Caldwell after- wards as an attorney-of the Supreme Court of Hongkong.—Mr. Anstey’s pamphlet + Civil Government at Hongkong.’—He procceds to India and joins the local bar.—Mr. Anstey’s return to England on Mr, Caldwell’s dismissal in 1861, Chap. XXVI. Tue departure of Mr. Anstey closed his brief and troubled Mr. Anstey's career in the Colony where he contrived to keep up the charac- (eam ter he had won at Home, and now that his back was turned, there career in ° Laat . - : ah. Hongkong was no disposition to abuse him, On the contrary, with few peviewed. 576 MISTORY OF THE LAWS, ETC., OF HONGKONG. Chap. XXVI, exceptions, the community outside the official pale were inclined to overlook his faults and to feel sorry for the treatment he had received, particularly when the talent, deep research, and pains no matter how trivial the case, of the professional man, came to be considered, although there was no denying that he was violent and impetuous and occasionally out-stepped the bounds of propriety. Time and health were quite secondary considerations to him or Hisincor- to the interests of his clients.’ No one could think of this or his reptile incorruptible sense of public duty, his implacable animosity public duty. towards the officers of Government whom he believed to be dis- honest, and not respect him. He laboured under the delusion, however, that if he brought home iniquity to his oppressors, he Hisconscious- at least would enjoy the smiles of the public in support of his 1859. ness of, consciousness of rectitude, and the success of his efforts might and the have been tested by the cases of the Crown v. Tarrant* and Cald- success +," . . . of his efforts, Well 7. The Pork Butchers.f And again his straightforward The Crown courage and indomitable pluck were certainly the leading fea- «. Tarrant. tures of his character—for instance, the complaint’ which he con- var ttived to bring against Dr. Bridges before the Opium Farm Butchers. Commission.{ No one had heard of it before, and without him, nee ie probably Dr. Bridges might have gone on unscathed.§ Then against Dr. again in charging the same individual before the Caldwell Bridges. = Inquiry Commission. The accusation was brought befure the face of the accused, without ever having been hinted at before, The labour and worry which the Caldwell Inquiry alone must a have cost him must have been enormous—in fact, there was not Coleny another man in the Colony whose capacity for work, whose ability qualified for for instituting or being responsible for similar proceedings, and which Mr, determination to carry them through, were at all equal to the Anstey had task. Yet at every turn and corner he was thwarted by the Thwarted rovernor himself and by the acting Colonial Secretary, Dr. Brid- by the Bess who actually made themselves partisans of Mr. Caldwell, and Dr, and to what lengths both the latter and Dr. Bridges would have oe gone, had it not been for Mr. Anstey, it is difficult to say. of Mr, Undoubtedly if the advisers of Sir John Bowring did not Caldwell. actually connive at Mr. Caldwell’s escape from the charges Government brought against him, at all events they contrived to whitewash Bowring him on account of his past services to the Navy in putting down contrived to piracy || as well as of what was considered the desirability of keep- Mr. Caldwell. ing him in the service on account of his knowledge of Chinese. Qualified Chinese interpreters, as has been seen, were not to be “ Anté Chap. XXV. € 1, p. 556. + Id, p. 564. t Anté Chap, xx1., p. 472. § See further on this subject, Vol. 11., Chap. XXXIV. | On this point see anté Chap. x11. § 1, p. 286, and also Chap. xXxv1., infra. See anté Chap. xvi. § 1, p. 361; Chap. xvIT. § 1, p. 408, and paragraph 20 of Sir John Bowrina’s destntch. ante Chan. Xx11T.. n. 520. 5 tp : . : er Vn ie € a oy ad THE LOCAL PRESS ON MR. ANSTRY’S DEPARTURE. . had, and, having taken him back into the service, it was not Chap. XXVI, thought desirable to get rid of him, and undoubtedly Major (now — ygs¢ Colonel) Caine, who had introduced him into the service, was not Colonel desirous that his protégé should appear as an undesirable subject. desirous if Government hac done well and its duty, Mr. Caldwell shoulet that his ah havé been dismissed then and there after the result of the Com- Eades = mission, and the community would have had less reason to think om ae g . 7 7 eo 6 . ear a n more of those into whose hands the administration had fallen. seyret subject. Asit is, Mr. Anstey left Hongkong’ in extremely bad health, Mr. Anstey having suffered for months, according to the certificate of Staff. Noe Surgeon Menzies, “from dyspepsia in an aggravated chronic form in bad health, and from neuralgic headache of so severe a character as to have seriously impaired his health and constitution.” The community, however, showed Mr. Anstey no civility before he left, and although it was well known that he had sold his bungalow and was houseless for some days before his departure, it is said the only one who extended a hospitable hand.to him was an Ame- ican gentleman. A local paper, whilst commenting upon the sad facts leading Sir John . . : ' Bowring to the suspension of Mr. Anstey and of the determination of the directly Government of the Colony to shield Mr. Caldwell’s conduct tesponsible . : : ° . . ° for condition from investigation, as well as to the animosity displayed towards of affairs Mr. May for his laudable conduct in supporting Mr, Anstey ae in declaring in unqualified terms that Mr. Caldwell was con- the ani. nected and associated with Ma Chow Wong, and whose suspen- mosity . . ' displayed - sion in consequence had been actually resolved upon at the same {avane time as Mr. Anstey’s was perpetrated, concludes as follows as Nr. May. regards the career of the latter in Hongkong :— “Regarding the victim, the Honourable I. Chisholm Anstey, we feel bound to speak personally. That he is @ very impracticable man when he is thwarted cannot be denied. That he is excessively zealous and often erratic even when not thwarted, we do freely admit—but that he has clean hands, a keen. sense of public duty, and a heart that bears not malice long, we do firmly believe. With an ardent temperament, an enthusiast in his profession, and a sort of gladiator both at the bar and at the Horse of Commons, he has been brought up under a pressure of friction which makes the excitement of opposition essential. He sees his path of duty only as it serves the in- terests of his client, and all other considerations are sunk or thrown aside. From that path neither fear, favour, nor reward will divert him—and on that path he stands or falls....He is far too capable, too restless, too indefatigable aman for « smal Colony like this—but had we had a Govervor who could have restrained his impetuosity instead of rousing his indignation, he would have been a great blessing to this Colony, and to our relations with China too. The ultimate question of his suspension rests not with the present Ministry, nor with the present generation, It is a great fact—the culminat- ing point of a sad catastrophe, which history recordiug with detestation will make him the antidote of. That he can be made the unwilling scape-goat we do not believe, but even if he is, he will not be a silent one,” 578 Chap, XXVI, 1859. Ar, Anstey not resting on his oars on arrival in England. A Chinaman again upon the Jury List. Anxiety of of Chinese to serve upon the Jury. Ordinance No. 18 of 1887, s. 8. HISTORY OF THE LAWS, ETC., OF HONGKONG. How far this prognostication proved correct, events will show, and the truth of the allusion toithe fact that, had there been a different Governor, “ Mr. Anstey would have been a great bless- ing to this Colony,” explains the whole of the disreputable con- troversies which led to the disappearance from Hongkong of this worthy man and at a time when his presence was all but indis- pensable. It is doubtful whether, if Mr. Anstey had been made acting Colonial Secretary, instead of Dr. Bridges whom Sir John Bowring had had forced on him by Mr. Mercer, and whom he himself had denounced, the scandal which will ever attach:to, his administration, through his weakness and incapacity, would have been possible, and to that one fact alone must be attributed the disgust perhaps which had wrought itself into Mr. Anstey’s mind to bring on eventually his own downfall. In modern times such things would be well nigh impossible. But Mr. Anstey was not the one to rest quietly on such laurels as he hael now won through his own exertions in the face of the greatest opposition, especially after the verdict of the Jury in the case of the Crown v. Tarrant, and his determination and pertinacity, characteristic of the man, on his arrival in England to see Hongkong purged of its ‘noisome scandal’ * was, as will hereafter be seen, but the natural outcome of the treatment he had received. . The name of a Chinese resident again appearing on the Jury List,f at a debate in Council held on the 22nd February, by a majority of 6 to 3, it was decided to retain the name on the list. From this period, Chinamen aquainted with the English language have been placed on the Special and Common Jury Lists, and the anxiety on the part of many of them to take their place with the rest of the community in serving upon the Jury has been frequently manifested by the applications sent in by them to the Registrar of the Supreme Court when preparing the Jury List in accordance with section 8 of Ordinance No, 18 of 1887. * Anté Chap. XvIt. § 1., p, 405. + See anté Chap. xx. § IL, p. 465, $. The following is the section::— . 2a “The Registrar shall, on or before the first day of February in each ycar, make a list in alphabetical] order of all persons ascertained by him to be liable to serve as jurors, set- ting forth the name and surnames of each at full length, together with his profession, business, or occupation, and ‘place of abode, and shall cause a copy of such list to be posted for the term of one fortnight at the chief entrance to the Court. And. any person may. apply by notice in writing to the Registrar requiring that his name or the name of some other person may be respectively either addca to or struck off from the said list, upon cause duly assigned in such notice ; and the Registrar, immediately after the expiration of the time for posting such list. shall forward the same and such noticés as may be so served on him, to the Clerk of the Legislative Council. cesses” a : THREE ENGLISH SAILORS TRIED FOR MURDER. a79 In the’ List of Jurors for 1898, five special jurors are China- Chap. XXV1. men, while in the list of common jurors figure the comparatively large number of twenty-three. Generally, to be placed on the list of special jurymen is con- sidered to denote ‘a position of standing, and the. eagerness on the part of many of the mercantile community especially, irrespective of the Chinese,.to be placed on that ‘list is always fully evident, and so on an inverse ratio it is considered dignified, if not an honour as well, on the part of the Chinese, to serve on the jury. Not many privileges are conferred upon a juryman except gud juryman, but under Ordinance No. 8 of 1895, sec- tion 5, a special or common juror may carry arms without a licence. ‘ At a special Criminal Sessions held on Wednesday, the 23rd February, 1859, Robert Gibbons, Robert Jones, and Charles Wil- liams, seamen on board the American ship ALastif, were indicted for the wilful murder of a Chinese boy, a servant to the captain of the ship. ‘The prisoners were defended by. Mr. Kingsmill. The case for the Crown was conducted by Dr. Bridges, at the request and in consequence of the illness of the acting Attorney- General, Mr. Green. On the 28th December, in consequence of the deceased mak- ing a charge against the prisoner Gibbons, the captain, to avoid the desertion of the crew, moored his ship near Green Island. On the last night of the year, the deceased was murdered by means of a rope being tightly fastened round his neck and his body thrown overboard. It was known that the captain had a large sum of money-on board which was kept in a secret drawer in the captain’s library, but no one knew where the money was kept except the captain himself, his wife, and the Chi- nese boy. The motive of the murder therefore was robbery, because, the boy once out of the way, suspicion would fall upon him which his disappearance would but strengthen Just one week after. the murder, by.an accident, the body of the. murder- ed boy appeared within a few inches of the ship, to demand, as it were, justice against his murderers. The prisoner Gibbons made an admission that he was present when the murder was committed, and from the information he gave, ninety-six of the stolen sovereigns were afterwards recovered, as well as a gold chain which was found in a belt he was wearing at the time and, which furnished clear proof also as against the prisoner Jones, as the belt belonged to him. Williams denied that he was even a spectator of the crime or that he had had any hand ‘in it. The Jury, after consulting about fifteen minutes, returned a 1859. The’ position of a jury- mah, Ordinance No, 8 of 1895, 5. 5, Murder of a Chinese boy an board the American ship Vastiff. Trial of the English sailors, Gib- bons, Jones, and Williams, The facts. Sentenced to death, 580 e HISTORY OF THE LAWS, b’c., OF HONGKONG. Chap. XXV1. verdict of guilty against the three prisoners, The Chief Justice, 1859, The Chief Justice and ‘the black cap.’ Sentence against Williams commuted, Execution of Gibbons and Jones, The Chinese. gratified, The enthu- siasm of the Chinese mandarin at Kowloon. The lament- able bun- gling at the execution. Not satisfied with the public execution of the Englishmen, the Govern- ment seck further advertize- ment ‘to please the Chinese.’ Government. Notification that under authority of British law equal justice is dealt to all, as was customary with/him in such cases, retired and returned into Court wearing the Black Cap,* and sentenced the prisoners to death, holding out no hope of mercy. On the 2nd March the sentence against Williams was com, muted to penal servitude for life, and that against Gibbons and Jones was carried out at half-past six on Monday morning, the 7th March, over the eastern wall of the Gaol. Upwards of two thousand persons, principally Chinese, were present. It is said that the Chinese ‘were very much gratified at the fact that. so strict justice was dealt out, and the murder of a Chinaman was visited with so severe punishment.” The military mandarin formerly stationed at Kowloon, who was about to proceed on active service against the rebels on the Yang-tsze, expressed himself on the subject with so much enthusiasm that it seemed he had formed something like a correct idea of the justice of English Courts. _ There was some criticism on the bungling manner in. which Gibbons was despatched, and the painful exit of the poor man was described as lamentable, Not satisfied with the public execution of these two unfortunate Englishmen, which in itself was quite sufficient as the law had been fully vindicated, the Government now, as had. been done in the case of the unfortu- nate Ingwood, hanged together with the Chinaman Chun Afoon in July, 1845,f sought further advertizement, if not gratifica- tion, by issuing the following notification on the day after the execution, with the view evidently of further ‘pleasing the Chi- nese’ :— M4 GOVERNMENT NOTIFICATION. His Excellency the Governor has caused the issue of tle subjoined pro- clamation to the Chinese population of Hongkong, on the occasion of the recent execution of two British subjects for the wilful murder of a Chinese boy on board a vessel:in this harbour. 5 In adopting this measure, His Excellency is influenced by the desire’ to make known to the Chinese inhabitants in and beyond the Colony that, by Her Most Gracious Majesty’s Government and under the authority of British law, equal justice is dealt to all persons without regard to nation, to blood, or to any accidental circumstauces whatsoever. By Order, W.. TI. Mercer, Colonial Secretary, Colonial Secretary's Office, Victoria, Hongkong, 8th March, 1859. * Upon the subject of the ‘Black Cap’ and Chief Justice Hulme,.see unté Chap. XVIII. p. 430. al? + See Chan. 117. § I1.. ante p. 85. HONGKONG AFFAIRS BEFORE BOTH HOUSES OF PARLIAMENT. asl What effect such a notice as this could have had upon a peo- Chap. XXVI. ple like the Chinese, it is hard to conceive, making the positive — jg59, absurdity of it, to say the least, all the more apparent. The absur- dity of the ; notification. An Order of Her Majesty-in-Council, dated the 3rd March, Order of Her 1859, repealing prohibitions on the trade of British subjects Q2esty2r with China, imposed by the Orders-in-Council of the 24th 3rd Maren, February, 1843, and 13th June, 1853, was duly published on Nee a the 9th J uly, 1859. prohibitions . “ on the trade of British The annihilation of the Caldwell and Ma Chow Wong con- subjects. nexion, achieved by Mr. Anstey and consummated by his sus- Mr; Anstey pension, had now arrived on the tapis of the House of Lords Calawell- and House of Commons to serve as oil poured on the flames. wor In February public meetings were held at Sheffield and at New- connexion in the House castle “relative to the conduct of Mr. Caldwell and the doings ¢¢ tords and generally of the Government of Hongkong,” and the resolutions House of ® 5 3 any ts iD °° : ; Commons. embodied in petitions signed by the Mayors and inhabitants, 55, which were afterwards laid before the House of Lords. meetings at ' . ene . ae . Sheffield and - Lord Cranworth, in presenting the Sheffield petition, (which, Newcastle. asked that certain members of the. Hongkong Government be En ae punished for wickedness and corruption), said :—*‘ I entirely of Lords ‘ . ” signed by concur in that prayer. ihe Mayors and inhabit- Earl Grey told the Earl of Carnarvon that even though one ants of day of Sir John Bowring’s time was unexpired he should be yumecue™” recalled for the sake of example. Discussion in the House Lord Lyndhurst said that, after the most minute inquiry, he ot Lords pledged himself to the course suggested by Earl Grey. noneore In the House of Commons, Sir James Graham, Mr. (rladstone, ty the House and other leading membérs of the House, also spoke in favour of Commons. of some such step as had been sugeested by Lord Grey, and adopted the resolutions come to by the House of Lords. On a subsequent day Hongkong affairs, including the case of In the House * ey i " oO. mu the Crown against Mr. Tarrant, and the destruction of papers, My. Ridley by order of Dr. Bridges, which implicated Mr. Caldwell with asks for \ T : ° Handa, $e particulars Ma Chow Wong, again came up for discussion in the House of about the Commons, when will be seen the view which the Colonial Office ee had already taken of the scandalous state of affairs prevalent. Wong in the Colony. The discovery by Sir Edward Lytton, the spnnexion: Secretary of State, from a perusal of the papers of “hatred, against sr. malice, and all uncharitableness in every possible variety of 7ayantanc aspect, and consequently what might be considered a description of papers of official life in the Colony,” was about the best picture that Be Briloes could have been drawn upon the subject at so early a stage of Chap. XXVI. 1859, Sir Edward Lytton’s reply and interesting speech. T'roposal to refer papers to Jegal adviser. Mr. Anstey’s suspension confirmed. HISTORY OF THE LAWS, ETC., OF HONGKONG. the discussion. The following debate of the proceedings in the House of Commons is taken from the Home papers of the period, and Sir Edward Lytton’s amusing speech in reply to Mr. Ridley will no doubt be read with more than ordinary interest even at this period, the confirmation of Mr. Anstey’s suspension being now, moreoyer, a furegone conclusion :—- “ Mr. Ridley asked the Secretary of State for the Colonies, whether Her Majesty’s Government had received the report of a Commission appointed to inquire into a charge brought against Mr. Daniel Richard Caldwell for par- ticipating in the profits of piracy during the time he was holdiug an office under the Government of Hongkong ; also a report of the trial of “The Queen against William Tarrant,” which took place in the month of November last, in the Supreme Court in Hongkong, and in which trial it was sworn that certain papers implicating Mr. Caldwell in the above charge were destroyed by order of Dr. Bridges, acting Colonial Secretary, at that time exercising, as was alleged, au unlawful authority conferred by the Governor of the Colony. If these reports had been received, what course Her Majesty's Government had taken with reference to the transactions to which they re- Jate ; and whether they would lay upon the table any papers which might contain information on the subject. ; Sir E. B. Lytton was understood to say, that the Government had received the report of the Commission, and in order to give the House some idea of the extent of the papers relating to the subject, he had brought them down with him. [The Right Honourable Baronet then exhibited a large pile of pa- pers, and considerable amusement was caused by their dispersion over the table in consequence of the string by which they were tied together having given way.] On the arrival of the documents they were found to contain many points of legal evidence, and the greatest possible amount of abuse—(laughter) —and it had been considered necessary to submit them to the strictest in- vestigation. They proposed therefore to refer them toa legal and dispas- sionate colonial adviser of the Crown. He discovered in them hatred, malice, and all uncharitableness in every possible varicty of aspect, and consequently what might be considered a description of official life inthe Colony. (Laugh- ter.) With respect to the second question, whether he had received a report of the trial of “The Queen v. Wim. Tarrant,” he begged to say that he had received from the Governor ouly the result of that trial, but a full report of the trial, taken in shorthaud, had been promised, and ever since the an- nouncement of that fact a universal shudder every day pervaded the Colonial Department. (Laughter.) What would be the extent of that report Heaven only knew. (Continued laughter.) With regard to the main question, the Commission had acquitted Mr. Caldwell of the charge of participating in the profits of piracy. ‘They had also acquitted him of several other grave charges, which ought never to have been brought against him, particularly by a br ther-officer, and the brother-offiicer who made them ought to be dismissed from the office he now held unless he could make a satisfactory explanation. Nevertheless, certain facts had come out in the course of the trial which showed that, so far as regarded the interests of the Colony, Mr. Caldwell ought to be dismissed from his office, unless he could give some satisfactory explanation, which he had been called upon todo. On the other hand, be must say that the mode in which Mr. Anstey had originated and conducted that inquiry, and the breach of official confidence which occurred in the course of the trial had led the Governor to suspend him ; and afier a dispassionate consideration of the papers, he could come to-no other conclusion than that the Governor's decision ought to be confirmed. The right honourable gentleman, having entered into a detailed statement of the facts as thev appeared iu the’ papers, THE TIMES ON HONGKONG GRIEVANCES, 583 said he now came to the question as to the course which Her Majesty’s Gov- Chap. XXVI. ernment intended to pursue with reference to these transactions. It was his intention, as soon as possible, to direct a most careful examination into the whole of the facts. The honourable gentleman wished to know whether the Government had any objection to the production of papers. He (Sir E. B, Lytton) shrunk from the responsibility of laying such a mass of papers on the table. He would rather lay the table on them. (Laughter.) He had not the slightest personal or official objection to their production; and if the honourable member would move for them he would have them ; but he should look with compassionate admiration on any devoted member who would undertake to read them. (Laughter.)” The Times of the 15th March, in a most interesting but far any from, complimentary article upon Hongkong generally, mention- position in ing also the trouble that the place had already given to the Horskons. authorities in England, while commenting upon the discussion in the House of Lords and in the House of Commons, dealt fully with the state of chaos in the island, and not wrongly oo 4 . : 16 . o Sir John attributed it to the ‘faults in the conduct’ of Sir John Bowring Bowring and and the incongruous positions held by Dr. Bridges, as well as Pr Bridges. the ‘imperfectly regulated energies of Mr. Anstey.’ The sug- Amen ot gestion of sending out ‘a man of tact and firmness to settle the firmness to matter’ was but the precursor of the coming and necessary ‘ttle the changes now awaiting the Colony. The article, evidently by a suggested. ‘knowing hand,’ headed “Hongkong Grievances,” was as follows :— 1859, “It is now some months since we made passing allusion to the abnormal and not very creditable state of our official arrangements in the little island of Hongkong. The subject has, as we then predicted, gradually forced itself upon the public attention ; certain keen-sighted grievance-hunters of Sheffield have made it the ground of a public meeting and a Parliamentary petition ; and the inhabitants of Tynemouth have shown curiosity upon the matter, and have backed the petition of the Cutlers. The makers of sword blades and the ‘builders of ships feel a natural interest in elements of disturbance happen- ing far away, and Hongkong has once again been honoured by a mention in the Imperial Parliament. ‘The sound of the name in our Parliamentary pro- ceédings never bodes good to our national interests. It is always connected with some fatal pestilence, some doubtful war, or some discreditable internal squabble ; so much so that, in popular language, the name of this noisy, bust- ling, quarrelsome, discontented, and insalubrious little island, may not inaptly be used as an euphemous synonym for a place not mentionable to ears polite. We cannot wish that the sca should take it back again to itself, because glish lives and English property would be endangered ; but, if these could be withdrawn, we shoul very willingly resign any benefits which we derive from its possession, to be relieved of the inconveniences which it forces upon us. Lord Malmesbury in the Lords, and Sir E. Lytton in the Commons, seem thoroughly to have sympathized with the tone in which we treated this last diffieulty when it arose. It is a troublesome, vexatious, and paltry affair, imposing upon everybody a great deal of trouble for a totally inadequate object, and with the promise of a most unsatisfactory result. At the date of the last advices every official man’s hand in Hongkong was against his neighbour, and, as that important dependency of the British Crown is distressingly complete in its official staff, the hostilities are more difficult to remember than the intestine wars of the Seleucida or the polities 584 IISTORY OF THE LAWS, ETC., OF HONGKONG. Chap. XXVI. of the Etalian Republic. There is a Governor, a Lieutenant-Governor, # Chief 1859. Justice, an Attorney-General, an acting Attorney-General, a Couneil, a Colonial Secretary, a Registrar and Protector of Chinese, a Colonial Treasurer, and others “too numerous to mention.” The officers are all criticized, repres sented, or calumniated by some six newspapers, whereof we believe that at least one has a daily issue, and no one restricts itself to a single weekly appearance. The island, in which these agencies work and boil over, is eon- siderably Jess than the Isle of Wight, and the inhabited portion might all be put into Hyde Park. When we last heard of this amiable community, the Governor had run away, to seek healtl or quiet in the Philippines ; the Liew- tenant-Governor was at issue with Mr. Farrant, of The Iriend of China, on account of Mr. Tarrant’s persistent accusation that the Lieutenant-Governor had, at some remote period, encouraged or proteeted his servant in “ squeezing ” the Chinese ; the Attorney-General was suspended for bringing certain charges against the Registrar; the acting Attorney-General had been worried to death, and another was succeeding to his perilous office ; the Colonial Secretary was absent, but the acting Colonial Secretary was undergoing accusations of having, while uniting in himself the somewhat incongruous duties of a private barrister and Colonial Secretary, given his clients the benefit of his official position and having destroyed papers which eompromised » notorions offender ; the Colonial Treasurer was being cross-examined in a witness-box as to the pressure he had put upon he Daily Press when he had the editor in prison ; the Registrar and Protector of Chinese had accumulated upon his head all the accusations that can be reasonably brought against any one man, from piracy on the high seas down to brothel-keeping ; the newspaper proprietors were all more or less in prison, or going to prison, or coming out of prison, on pro- seeutions by some one or more of the incriminated and incriminating officials; and the Chief Justice was trying an action against the Governor. ” We are now about to attempt an analysis of those papers which Sir Bulwer Lytton produced amid the respectful discouragement of the British House of Commons. Produce them, or even print them as we may, their contents will never be thoronghly known to any one, but the reader of the Queen’s Printer’s printing office, to whom they might afford o plausible ground for an application to increase his salary. They form an imbroglio whieh no man desires to unravel, and they conceal a secret history which no one wishes to discover. No doubt, there are faults in all these official people. There are faults in the imperfectly-regulated energies of Mr. Chisholm Anstey, for if those energies had been better regulated, they would have carried him very far clear of Hongkong. There are faults in the conduct of Sir Johu Bowring, for it is a fault in any man not to make himself popular in a community of English merchants. ‘Chere is a fault in the position of Dr. Bridges, at once Colonial Seeretary and the counsel of such men as Ahlaum the baker, and Ma Chow Wong, the convicted pirate. There is a fault also in the position of Mr. Caldwell who is allied by marriage to the Chinese population and who, therefore, never can disabuse the Chinese of the notion that he is as one of them, and car be acted upon as they are acted upon. But then we must expect to find faults in every publie man, and persons who aré necessitated to “go to Hongkong” * are not exempt from the general infirmity. As to the Hongkong Press, which every one is using, prompting, disavowing, and pro- secuting, the less we say of it the better; for we could say nothing of it that would at all tend to the credit of our profession. Any attempt to deal judicially with this congeries of intrigues, accusations, and animosities here in England must signally fail. We cannot do justice at ‘the Antipodes while cartloads of evidence are arriving by every post and loeal * Evidently by this quotation the writer had in view the words of the well-known and, at one time, popular song “ You may go to Hongkong for me.” THE SUSPENSION OF MR. ANSTEY. 585 information is wanting to the judges. It is a case for a dictator. It would Chap, XXVI. be better to send out some sensible man with power to mediate, and, failing mediation, with authority to judge. A man of tact and firmness would settle the matter in a week, but he ought to be empowered to leave behind him the menace that the first person who recommenees this state of official chaos shall be at once dismissed. We cannot be always investigating a storm in a tea- pot, wherein each individual tea-leaf has its dignity and its grievance.” As may be judged from the debate in the House of Commons before noticed, the Secretary of State had, at this time, fully con- sidered the question of the suspension of Mr. Anstey, which, no one could ever have imagined would end otherwise than in being confirmed. Sir Edward Lytton, in a despatch to Sir John Bow- ring, dated the 17th March, set out his reasons for coming to the decision that Mr. Anstey should be dismissed from his post. Founding his decision, as will be seen, upon the first act in the drama of the disgraceful episodes, the Secretary of State consi- dered that, quite apart from the ‘unfounded charges’ which Mr. Anstey had brought against the Registrar-General, there were other grounds which made his dismissal necessary. Sir Edward Lytton then commented upon what he considered should be the special function of an Attorney-General and the differences of Mr, Anstey ‘year after year’ with other officials and the local Government which made his removal imperative, showing that Sir John Bowring’s raking up of everything unfavourable that he could possibly think of in reference to Mr. Anstey in his now famous despatch, had not escaped attention. He concluded, as foreshadowed by The Times, by saying that “the unfortunate condition of the public service in Hongkong” would be fully investigated ‘by the new Governor on his arrival.” The des- patch is of such an important nature that no apology is offered for reproducing it in full and as worthy of preservation :—- Sir, Downing Street, 17th March, 1859. I have had under my consideration your despatches of the dates and num- bers specified in the margin, relating to the proceedings which have termi- nated in the suspension of Mr. Chisholm Anstey from the office of Attorney- General. I have also considered the representations of Mr. Anstey himself, in the letters addressed to me, of which the dates are also added in the mar- gin, Although some of these have not been properly brought to my notice, inasmuch as the Governor ani the Executive Council have not had the opportunity of examining and commenting on them, and others contain more of recrimination and attack on other parties than of defence of Mr. Anstey - himself, yet considering him in the light of a party placed on his defence, I have been anxious to give him all the benefit which he could derive from the statements contained in them. It appears from these documents that Mr. Anstey made several specific and very serious charges, involving not ouly violation of official duty, but grossly immoral conduct, against the Registrar-General, Mr. Caldwell, at first in his place in the Legislative Council, afterwards in his letter of 13th May, 1858, to the acting Colonial Secretary, and that addressed to Lord Stanley on the 17th May, but communicated to the same officer. A Commission of Inquiry was nominated to report on those charges. The Commission reported that 1859, Sir Edward Lytton’s des- patch dis- missing Mr. Anstey. ‘The Secre- tary of State takes no notice of accusations against a public officer in a Colony unless they come before him through the Gov- ernor.’ ‘The At- torney- General is an officer whose especial function is to render counsel and assistance to the local Gov- ernment,’ The unfortu- nate condi- tion of the public service in Hongkong to be inquired into by the new Goy- ernor, 586 HISTORY OF THE LAWS, ETC., OF HONGKONG. Chap. XXVI.some portion of them (comparatively unimportant) was proved ; that although 1859, some other charges were not proved, yet Mr. Anstey was not without reason for bringing them forward ; and others, and those among the most serious of all, were not only unfounded, but there existed no reason whatever for ad- vaneing them. ? Such a report constituted of itself a most serious charge against Mr. Ans- tey. And the Executive Council, by their finding on the subject, substan- tially adopt the view of the Commission ; and were further of opinion that Mr. Anstey should be suspended from office, which was done. Mr. Anstey complains, as I understand him, that he had not due opportunities of defence, and, moreover, that he was turned into an accuser in this case against his own will. On the first point, I shall only say that ample opportunity of defence appears to have been afforded him. As to the second, I agree with yourself and the Council in thinking that Mr, Anstey having thought proper to bring forward charges of this nature against a fellow-officer in a formal and official manner, Lad no right to shrink from the responsibility of supporting them before a-Commission summoned by the proper authorities, and to the com- petency of which no reasonable objection could be taken. It is necessary, however, that I should remark on one further argument of Mr. Anstey, because it relates to the functions of this department. One of the reasons on which he appears to rely as justifying him in not pursuing the case against Mr. Caldwell before the Commission is, that he, Mr. Anstey, had brought the charges against that gentleman before the Secretary of State, and was expecting the Secretary of State’s decision. Mr. Anstey cannot be ignorant that he had no right whatever to bring those charges before the Secretary of State as from himself ; and that if he thought proper to do so, instead of following the legitimate course of addressing them to the Governor, it was no part of the functions of the Secretary of State to enter- tain them. The Secretary of State takes no notice of accusations against a public officer in a Colony, unless they come before him through the Governor, and appear to him, when thus officially placed under his notice, to require such investigation. Mr. Anstey had also express warning from the Gov- ernor (as reported in your despatch of the 18th May, 1858), that these charges were referred to the Commission, and it is not too much to say that he must take the consequences of deliberately neglecting that warning. Agreeing with the Commission of Inquiry that the charges have failed, and with the Executive Council that the failure of these charges, considering the reckless spirit of hostility in which many of them were brought forward, renders in itself Mr. Anstey unfit to continue in office, I have accordingly advised Her Majesty to dismiss him from his post. But I am bound to add, that this dismissal would have been necessary on other grounds, which the documents before me only too clearly disclose. The Attorney-General is an officer whose especial function it is to render counsel and assistance to the local Government. If he fails in the discharge of this duty either wilfully or through incompeteney, his dismissal is required; not, necessarily, as a punishment, although it may be deserved in this sense also; but because the local Government must not be deprived, through his ignorance or his perverseness, of the requisite assistance. Nor is it enough that the law adviser may be able to show that he has in strictness performed his formal duties, by doing the legal business in which he may have been retained. His functions are much more extensive, more important, and more delicate than these. The local Government must have the benefit of his general assistance ou the many points on which a lawyer's counsel is constant- iy required. But if a law adviser sets himself in constant opposition to the local Government ; if he is prodigal of accusations, urged in every way acces- sible to him, against other officials ; if he takes on himself to judge and act in opposition to the Governor, as, for instance, in resigning his post as Ma- ‘DEPARTURE OF ADMIRAL SIR M. SEYMOUR, 587 gistrate (which it may be very useful that a law adviser should hold), because Chap. XXVL he does not choose to sit on the Bench with a fellow justice whom the Gov- ernor has acquitted of charges brought against him; if he constantly uses himself, and encourages in others, a tone of bitter hostility towards indivi- duals with whom he is displeased, and of gross disrespect towards higher officers and the Governor himself ; his removal becomes an imperative duty on his superiors. And it is quite needless for me to do more than refer to the contents of the mass of papers before me, and to the reports which my predecessors have unfortunately had to entertain year after year, of the differ- ences of Mr. Anstey with other officials, as well as with the local Govern- ment, as evidencing only too abundantly the application of these remarks to the conduct of that gentleman. I do uot consider this the proper occasion to take notice of the various considerations raised by these papers as to the conduct of other parties, and as to the unfortunate condition of the public service in Hongkong, at the present time. But these matters will not fail to have my serious considera- tion ; and I consider it essential that they should be fully investigated by the new Goveruor on his arrival. I have, ete., : (Signed) E. B. Lytroy, Governor Sir Joux Bowrtye. Naturally, a man of Mr. Austey’s activity would not rest. satisfied with such a complete discomfiture to himself as the above despatch proved to be, and it will be seen later on how through his own energy and determination he brought about not only Mr. Caldwell’s dismissal,* but a very modified tone as to the real reason for his removal from the service as well as an acknowledgment of the services he had rendered to the Colony.t But otherwise, taken with the discussions in both Houses of Parliament as before alluded to, this despatch was as plain a recall of the Governor, Sir John Bowring, as well could be, and it was high time that notice had been taken of the state of affairs prevalent in Hongkong. The Naval Commander-in-Chief, Rear-Admiral Sir Michael Seymour, left Hongkong in H.M.S. Caleutia, on the 19th March, carrying with him the best wishes of the community and a presen- tation of plate of the value of two thousand guineas with an appro- priate address. He had been nearly three years on the station.} His position had been one of no slight difficulty, especially at the commencement of hostilities with China, when, in ignorance of the views of Her Majesty’s Government, he blockaded the Canton river with a small force ill adapted for the purpose. On the 17th March, prior to his departure, Sir Michael Seymour wrote to the Governor recording ‘his sense of the important services rendered by Mr. Caldwell on the numerous occasions he accompanied Her Majesty’s ships against pirates.” * See Vol. 11., Chap. XXxv. T See Vol. 11., Chap. XXXVI. t Anté Chap. XIv. § I1., p. 342. 1859, A plain recall of Sir John Bowring. Departure of Admiral Sir M. Seymour. The commu- nity present him with an address and a piece of plate of the value of 2,000 guincas. Admiral Seymour records his sense of Mr. Caldwell's services, 588 Chap. XXVIL 1859. Admiral Hope succeeds Admiral Seymour, Return of Mr. Pollard as a barrister. Temporary removal of the Magistracy to Pedder's Hill. Hongkong affairs again before Parliament. Motion of Mr. Edwin James for production of papers. HISTORY OF THE LAWS, ETC., OF HONGKONG. Sir Michael Seymour was succeeded by Rear-Admiral Hope, who reached Hongkong on the 28th April. On the 10th April, Mr. E. H. Pollard, who had proceeded to England for the purpose of getting admitted to the English Bar, returned to the Colony, having been called to the Bar by the Honourable Society of the Middle Temple the year before. At this date, the Assistant Magistrate’s Court was removed to the building on Pedder’s Hill, formerly occupied as the Civil Hospital. This removal was only to be temporary, pending the reconstruction of the very inconvenient Courts.* At this period the affairs of Hongkong again attracted the attention of Parliament. On the 14th April, Mr. Edwin James moved for the production of copies of all correspondence, Judges’ notes, or other papers, on the following subjects, or any of them :— 1. The resignation of the Justiceship of the Peace for Hongkong by Mr. Thomas Chisholm Anstey, sent in to the Local Government on the 13th day of May, 1858 : 2. His suspension on the 7th day of August, 1858, from the Attorney- Generalship of the Colony of Hongkong, and from the office of Counsel of the Superintendency of Trade in China: 3. The case of the Queen v. Tarrant for libel, tried at the November Ses- sions (1858) of the Hongkong Supreme Court (Criminal side) : ‘t, The charge of alleged complicity of Mr. Caldwell, a.v., and the Protec- tor of Chinese at Hongkong, with Hougkong pirates : d. The charges made against the acting Colonial Secretary (Dr. Bridges), with reference to the foregoing subjects, and also the Opinm Farm monopoly : . 6. The charges made against the Lieutenant-Goveruor of Hongkong (Colo- nel Caine) and his Chinese compradore, with reference to extortion and bribe- taking, in the years 1846 and 1848 : 7. The proceedings against Mr. May, Superintendent of Police at Hong- kong, Mr. Tarrant, Registrar of Deeds there, and the Police Court Interpre- ter Tong Akou, and the dismissal of the Police Court Interpreter Assam,} for having severally given evidence against the said parties, or any of them: 8. The Imperial 1egulations (if any) by which the several suspensious or removals before nientioned were authorized. These were in due course duly produced, and, as will be seen hereafter, availed of by all interested. * On the subject of the Police Courts, see anté Chap, XI., p, 237, and post Chap. XXX. + On this subject, sve also Chap. xxx1., infra, t ) Assow—see anté Chap. XXIII, pp. 508, 529 § 66, THE MORNING HERALD ON HONGKONG AFFAIRS. i 589 The following letter at this stage from the Secretary of State Chap. XXVI. . o, . . to Mr. Anstey on the subject of his suspension, and the “ sin- cere regret with which he had found himself obliged to confirm” same is not inappropriate :— Downing Street, 16 April, 1859. Sir, I have to acknowledge your letter of the 14th instant, respecting your sus- pension from the office of Attorney-General at Hongkong. It contains some expressions which render it necessary for me to explain the object with which my letter of the 13th (to which it is an answer) was written. While Sir Edward Lytton was anxious to express the sense which he euter- tained of your talent and energy, and the sincere regret with which he had found himself obliged to coufirm your suspension, it was not his intention to imply that the proceedings of the Governor and Executive Council were unjust or arbitrary, or to indicate any general dissent from the grounds on which they acted. It would be unfair, both to them and to yourself, that any misapprehension should be allowed to exist on this point. I cannot undertake to return any answer to your request for re-employment in the Colonial service of this country ; but the application shall be laid before Sir Edward Lytton, as soon as the state of his health allows lifm to resume the ordinary transaction of business, I have, ete., (Signed) Carnarvon, T. C. Anstey, Esq. Concerning the agitation which had now commenced in Eng- land, regarding affairs generally in Hongkong, The Alorning Herald of the 28th April contained a strong article upon the existing discreditable state of things. Sir John Bowring not unnaturally came in for a share of the invective levelled at some of the authorities for having allowed things to reach the scandalous stage they had. The paper in question said :— “,.. We are pleased to learn that Lord Lyndhurst supported by Lord Brougham will bring the matter forward in the House of Lords as soon as practicable. Mr. Edwin James again makes the motion in the Commons, and unless the Ministers wish to establish the principle that the subordinate officers of Government in distant parts can bend the law unto their will, re- ducing iniquity to a system, and still enjoy immunity, we should say they niust afford the House the fullest satisfaction and information. Sir Bulwer Lytton’s jokes will not do again. It is annoying to sce an empty-headed, malevolent, lying, political quack like old Bowring drawing upon himself such notoriety. True it is wenviable but that makes no difference to him; for being as unscrupulous as Louis Napoleon, and having about as much idea of propriety as Titus Oates, our opinion is he would be in bliss in a pillory so long as none of the by-standers threw anything hard at him.” * It may be interesting to note at this stage that The Morning Herald was a paper with which Mr. Adams, Mr. Anstey’s suc- * As to Sir John Bowring, sve the previous extract from ‘Zhe Journal of 1. Raikes, isq.; and the similarity of language there used—anté Chap, XVI. § IL, p, 387. 1859. Letter from the Earl of Carnarvon to Mr. Anstey expressing ‘sinvere regret.’ at the confirmation of his suspension. The Morning Tlerald on Sir John Bowring and the discreditable state of affairs, “An empty- healed, malevolent, lying, political quack like old Bowring.’ Mr. Anstey's SUCCESSOL AS Attorney- 590 Chap. XXVI, 1859. General, Mr. Adams, connected with The Morning Herald. Arrival of Mr. H.C. Caldwell, a brother of Mr. D. R. Caldwell, from London. Previously Registrar of the Recorder's Court at Singapore andafugitive defaulter. A backed criminal warrant in the hands of the Superin- tendent of Police. He is allowed to depart for Macao. Mr. Anstey’s report to the Secretary of State. Mr. H. C. Caldwell afterwards as an attorney of the Supreme Court of Hongkong. Mr. Anstey's pamphlet * Civil Gov- ernment at Hongkong.’ HISTORY OF THE LAWS, ETC., OF HONGKONG. cessor as Attorney-General of Hongkong* was intimately asso- ciated for some years as a law reporter. On the 2nd June, 1859, a brother of the now famous Mr. D. R. Caldwell, the Registrar-General and Protector of Chinese, named Henry Charles Caldwell arrived in Hongkong from London by the ship Northfleet. He had previously been Re- gistrar of the Recorder’s Court at Singapore and was a fugitive defaulter from there, having some years before embezzled trust- moneys in his official capacity. Ever since his detection in 1856- 1857 a backed criminal warrant from Singapore had been lying in the hands of the Superintendent of Police at Hongkong for execution at the moment of his expected arrival in the Colony, his wife- and family having preceded him. Yet on Mr. H. C. Cald- well’s arrival, not only was he not arrested but actually allowed to depart out of the jurisdiction the same night for Macao, where his brother, Mr. D. R. Caldwell, had previously obtained a residence for him and where he was to carry on the business of a notary and general agent amongst the Chinese. By what influence Mr. H. C. Caldwell was thus allowed to escape the meshes of the law is not apparent, but suffice it to say that the matter did not escape Mr. Anstey, who at once brought it to the notice of the Secretary of State.{ The local press also took up the subject in strong terms, but Mr. H. C. Caldwell was allowed the greatest immunity from any possible interference. How he got out of his difficulties and whether he or others on his behalf ‘compounded his felony’ is enveloped in mystery, but he eventually found his way back to Hongkong and entered the office of Messrs. Cocper-Turner and Ilazeland, solicitors ; then he articled himself to Mr. R. C. Owen, the barrister (who under the provisions of Ordinance No. 13 of 1862 had elected to act as an attorney), being admitted some years after as an attorney and solicitor of the Court. He soon made for himself a lucrative practice and became one of the leading solicitors in Hongkong. Another of the wonderful incidents in regard to the history of this Colony. Mr. H. C. Caldwell having amassed a competency retired to England, and died at his residence at Twickenham, England, on the 28th June, 1883, at the age of sixty-eight. After publishing a pamphlet entitled ‘Civil Government at Hongkong” and otherwise continuing to agitate in England and endeavouring to enlist sympathy as to the unfair treatment * See Chap. XXIX., tra. + See Vol. 11., Chap. XL1II. t Parliamentary Papers, 1860, pp. 445, 448. MR, ANSTEY JOINS THE INDIAN BAR. 59] he considered he had received, » Home paper advising him Chap. XXVI. to re-enter Parliament and ‘badger Lord Palmerston,’ —Mr. Anstey left England for Calcutta, vid the Cape, in Novem- ber, 1859. From Calcutta Mr. Anstey proceeded to Bombay where he joined the local Bar. Fresh investigations instituted in 1861, by the new Governor, Sir Hercules Robinson, under instructions, ultimately led, as will hereafter be seen, to the dismissal of Mr. Caldwell, the Registrar-General, from the Gov- ernment service, when Mr. Anstey, doubtless considering that his chance had again arrived for renewing the agitation of the past and ‘ badgering’ the Colonial Office, returned to England. 1859. He proceeds . to India and. joins the local bar. Mr, Anstey’s return to England. on Mr. Caldwell’s dismissal in 1861, Ch. XXVIT. Departure of Chief Justice Hulme on sick leave. He antici- pates a pension. Mr. Green, acting Chief Justice. Mr. Kings- mill, acting Attorney- General. The Chief Justice's residenceand . the sale of his furniture. His depar- ture regretted. The most trying period of his long service in Hongkong. His position as a member of the Legis- lative 592 CHAPTER XXVII. 1859. ‘ Departure of Chief Justice Hulme on sick leave.—He anticipates a pension.—Mr. Green, acting Chief Justice—Mr. Kingsmill, acting Attorney-General—The Chief Justice’s re- sidence and the sale of his furniture. -His departure regretted.—The most. trying period of his long service in Hongkong.—His position as a member of the Legislative Council and as regards Sir John Bowring.—Return of Mr. Alexander, the Registrar from leave. Mk. Hunmre, the Chief Justice, who had been in very infirm health after’ many years service in the Colony, left for England by the mail steamer Cadiz on the 24th April. His last return to the Colony from leave in England was on the 2nd April, 1855.* He had applied some time back to be relieved, but, receiving no reply, deemed it best to proceed to Kurope at once, having obtained eighteen months’ leave of absence, on medical certificate, although not intending to return and anticipating the grant of a pension which, however, by the terms of his appoint- ment, he was not entitled to.f On the 23rd April, Mr, Green, the acting Attorney-General, was accordingly gazetted his interim successor, Mr. Kingsmill replacing } Mr. Green. The Chief Justice, it may be remarked, lived at “ Spring Gardens,” and the sale of his furniture by “Lane, Crawford, and Co., auc- tioneers,” took place after his departure on the 26th April. Mr. Hulme’s departure; as on previous occasions, was the sub- ject of much regret, and a remarkable fact in connexion with his tenure of office for the last time and during perhaps the most trying period of his long service in Hongkong was, that he. had managed to keep aloof from all the discussions, dissen- sions, and otherwise disgraceful scandal which had taken place and had lasted so Jong, preserving an attitude of utter indiffer- ence and of non-interference in keeping with the whole of his honourable career in the Colony. Asa member of the Legis- lative Council his position was often as irksome as it had been an invidious one to him. That Sir John Bowring’s adminis- tration had been ‘ wicked and corrupt,’ as put by Mr, Anstey, there were very few who would have run the gauntlet of derision in attempting to deny. It is clear from ‘the records that the Chief Justice had openly disapproved of many of Governor Bowring’s public acts, and it is therefore astonishing * Ante Chap. XVI. §1., p. 359. + Anti Chan t 1 42 nate —San alen Mhan veer fnfwd RETURN OF MR. ALEXANDER FROM LEAVE. how he succeeded in avoiding all responsibility or connexion attached to them, considering his position in the Council, yet although he saw the administration reviled and bombarded, it is also abundantly clear from the records that he often consi- dered he was in duty bound to the State to accord his support to the administration to which he was opposed. The day after Mr. Hulme’s departure, Mr. Alexander, the Registrar, returned to the Colony from leave of absence and resumed the duties of his office. [le had been absent from the Colony ever since the 11th March, 1857,* having received exten- sions to his original leave. * Anté Chap. XVIIL., p. 429, 593 Ch. XXVII. 1889. Council and as regards Sir John Bowring. Return of Mr. Alexan- der, the Re- gistrar, from leave, “394 CHAPTER XXVIII. 1859. Office of Her Majesty’s Plenipotentiary and Superintendent of Trade in:China separated from that of Governor of Hongkong.—The Honourable,F. W. A. Bruce, Superintendent of Trade.— Mr. Hercules Robinson, Governor:—Mr. T. Wade, Chinese Secretary to the Legation at Peking.-- Arrival of Mr. Bruce..—Superintendency. of Trade removed to Shanghai.— Chinese intcrpretation more dcfective-—Harly supersession of Sir John Bowring.—His departure.—Mr, Weatherhead takes leave.—Sir John. Bowring’s administration ‘wicked and corrupt.’— Cold shoulder from the European community on his departure.—The Chinese present him with usual gifts—The abuse heaped on him on his departure.— Colonel Caine, acting Governor.—Mr. Green takes the Bench for the first time as acting Chief Justice.—Dr. Bridges and law partnerships. His petition to the Legis- lative Council.—Ordinance No. 3 of 1859.—The appointment of Mr. Rennic, the Auditor-General, as a member of the Legislative Council confirmed.—Conviction and execution of Lo Chun Sun for piracy andmurider.—Resignation of the Chief Magistrate, Mr. Davies.— Myr. W. H. Mitchell, acting Chief Magistrate——Mr. May, acting Assistant Magistrate—Mr. Jarman, acting Superintendent of Police-—Mr. Davies as a supporter of Mr, Anstey.—The reason for Mr. Davies’ resignation.— Mr. Anstey’s letter to the Seeretary of State upon the subject.— Messrs, Cooper-Turner and Hazeland take over Mr. H, J. Tarrant’s business.— Departure of Messrs. Tarrant and Stace for England.—Depar- ture of Mr. Inglis. Harbour Master and Marine Magistrate——Marine cases entertained by the Police Court.—Mecting at Newcastle and petition to the Queen upon Hongkong atfairs.-+ Petition referred to the Secretary of State for the Colonies.—Additional Rules and Regulations for the Vice-Admiralty Court.—Chinese Passes.—Privy Council appeal. Lapraik and Another ¢. Burrows.—Act 8 and 9 Vict. c. 89.—Act 12 and 138 Vict. ¢, 29.— Decision of Chicf Justice Hulme reversed.—Act 22 and’ 23 Vict. c. 9.—Jurymen leaving the Court without permission, Order of Court.—Government Notification.— Death of Mr. Ch, XXVIII, Jobn Smithers, Usher of the Supreme Court and Clerk and Sexton to St, John’s Cathedral, Office of Her Majesty’s Plenipoten- tiary and. Superin- tendent of Trade in China separated from that of Governor of Hongkong. The Honour- able F, W. A. Bruce, Superin- tendent of Trade, Mr. Hercules Robinson, Governor. Mr. T. Wade, Chinese Secretary Rumours of immediate and important changes in the adminis- tration of affairs in Hongkong now assumed practical effect. The office of Her Majesty’s Envoy Extraordinary and Minister Plenipotentiary and Chief Superintendent of Trade in China was separated from that of Governor of Hongkong, the former being conferred upon the Honourable Frederick W. A. Bruce, c.z., formerly Colonial Secretary of Hongkong, and who had left the Colony in June, 1846, on appointment as Lieutenant-Governor of Newfoundland,* and the latter on Mr. Hercules Robinson, the Lieutenant-Governor of St. Christopher, in the West Indies.t At the same time Mr. Thomas Wade received the appointment of Chinese Secretary to the British Legation at Peking. Mr. Bruce arrived on the 26th April in H. M.S. Afagicienne. His commission as Her Majesty’s Envoy Extraordinary and * See auté Chap. 11, p. $7, and Chap, 111. § 111, p. 97, t “Served for some time in the 87th Fusiliers; on his retirement from the Army was actively engaged during the Irish famine, 1846-9, under the commissioners of public works and poor law board in Ireland; chief commissioner to inquire into the fairs and markets of Iveland, 1852; President of Montserrat, 1854; Lieutenant-Governor of St. Christopher, 1854, with which he held the dormant commission of Governor-in-chief of the Leeward Tslands.” = ‘DEPARTURE OF SIR JOHN BOWRING. Minister Plenipotentiary and Chief Superintendent of Trade was published on the 30th April, and he landed officially on the 2nd May. On his assuming charge of the Superintendency of Trade, the head-quarters thereof were at once removed to Shanghai, which had the effect of making the question of defective interpreta- tion in the Colony more pressing than ever. Up to this, the Colony ‘could always fall back upon the Consular service for good interpretership, when that was absolutely necessary in special cases, and more particularly for the correction of publica- tions in Chinese, but now that that resource was removed, the question had increased to one of considerable difficulty. There were at this time only three men in the service, excepting Mr. Lobschied, the Inspector of Schools, who were acquainted with the Canton dialect, and only one of these, Mr. Dick, the Inter- preter to the Supreme Court, was at all acquainted with the written language and that imperfectly. Neither Mr. Caldwell nor Mr. Inglis, the Harbour Master, who had paid special atten- tion to the study of Chinese, professed any knowledge of the written language, and the latter, moreover, had special duties to attend to. After the discussions in both Houses of Parliament and the Secretary of State’s despatch of the 17th March last upon the “unfortunate condition” of affairs in Hongkong and the early arrival of the new Plenipotentiary, which, judging by dates, implied nothing short of the practical recall and early superses- sion of Sir John Bowring, and, moreover, showed that the matter had been under consideration for some time, and before the resolutions of both Houses of Parliament, there was nothing left for Sir John Bowring to do but to take his immediate departure from the Colony. He accordingly left. on the 5th May for England by the mail steamer Pekin, accompanied by one of his daughters who had remained behind on Lady Bow- ring’s departure. By the same boat, Mr. Weatherhead, clerk of the Supreme Court, also went on leave. Besides Mr. I’. W. Mitchell, Mr. Weatherhead had also, during Mr. Alexander’s absence on leave, acted for a time as Deputy Registrar. Of Sir John Bowring’s administration, the less said the better. It was, in the legal sense of the term, a “wicked and corrupt administration,” feebleness and incapacity, to say the least, being by no means its worst features, as the past records have dis- closed, and which will ever reflect discredit on Hongkong. In contrast to past Governors and other high officials of Hong- 595 to the Legation at Peking, Artival of Mr. Bruce. Superin- tendency of Trade removecl to Shanghai. Chinese interpreta- tion more defective. Karly super- session of Sir John Bowring. His departure. Mr. Weather- head takes leave, Sir John Bowring’s achninistra- tion ‘wicked and corrupt.’ 596 Ch. XXVIIL, 1859. Cold shoulder from the uropean community on his departure, The Chinese presented him with usual gifts, The abuse heaped on him on his departure, HISTORY OF THE LAWS, ETC., OF HONGKONG. kong who, on their departure from the Colony, had always been loaded with testimonials, 1 thoroughly Oriental custom by the way and for which, as has before been noticed, the Colony has been famous.* Sir John Bowring was allowed to take his departure with a cold shoulder from the English community, though two deputations of Chinese waited on him and presented him with the usual gifts. He now returned to England full of years, though by no means of bodily infirmity, being close upon his seventieth year and after spending ten years in China. On his departure the local press heaped upon him abuse of'a nature which would not bear repetition. It may be doubted whether it would have been possible to have had a worse man at the head of the local administration. * Anté Chap. XIX., D. 444, , + Not many months after his return to England. Sir John Bowring re-married as the following press notice shows: “ Marriage. On the 8th November, 1860, at the Unitarian Chapel, Bristol, by the Reverend B. Apsland, Sir John Bowring to. Miss. Deborah, Castle, daughter of Michael Hinton Castle.” Many were the jocular remarks passed at the time upon this interesting event. On his departure from the Colony, his youngest daughter, Emily. joined the Italian Convent in Hongkong and assumed the name of Sister Aloysia on taking vows as a Sister of Charity. She was well known and universally respected, «ying at the Convent in Hongkong on the 20th August, 1870, at the age of thirty-seven. sir John Bowring died at Claremont, Exeter, on the 23rd November, 1872, at the age of eighty. . 7 After Sir John Bowring’s death, Mr. Lewin Bowring, his son, published a very inter- esting volume as a memorial of his father. It contained first of all a brief account of his life, and then the autobiographical sketches : these were divided into ‘Early Recollec- tions, ‘ Parliamentary Recollections,’ ‘Countries visited,’ and |Sketches of various -cele- brities” With regard, to this matter, and considering the feebleness of his administration and the scandal that will ever attach to it, it may not be inappropriate to reproduce at. this stage a further sketch taken from the records of the time. dealing with Sir John Bowring’s carcer* and which appeared after his death. The concluding portion, setting out that “ Bowring's tenure of office in China did not bring him popularity” was perhaps. all: that the writer probably deemed it advisable to say in reference to that portion of his.carecr. « Sir John Bowring was born at Exeter in 1792; his father was a fuller, who prepared woollen goods for foreign markets, and especially for that of Uhina, the monopoly of which was in the hands of the East India Company... The family were Unitarians‘in their religious opinions and, like most Nonconformists in those days, Liberals in politics. On leaving school, John entered a merchant’s office, and, during the first four years of his em- ployment as a clerk, laikl the foundations of his linguistic attainments. ‘He learnt French from a refugee priest, Italian from itinerant vendors of barometers and mathema- tical instruments, while Spanish and Portuguese, German and Dutch, were acquired with the aid of some mercantile friends, These six languages he spoke with fluency, but, his son adds,—Having the quick ear and ready apprehension which constitute the linguist, he soon found himself able to converse with facility in the native tongue of any country which he visited. He had a fair acquaintance with Danish and Swedish, and acquired; a book knowledge of Russian, Servian, Polish, and Bohemian, which enabled him to tran- slate the productions of writers in those languages. He learnt a little Arabic duting his journey in the Kast ; and, when an old man, mastered a goo deal of that difficult lan- guage,- Chinese, to which he devoted much attention.’ Hood once addressed him as follows :— To Bowring! man of many tongues, (All over tongues, like rumour) This tributary verse belongs To paint his learned humour. All kinds of gab he knows. I wis, From Latin down to Scottish— As fluent as a parrot is But far more Polly-glottish. No grammar too abstruse he mects, * Sea nln ante Chan. xt. 1. 997. : DR. BRIDGES ON LAW PARTNERSHIPS. 597 _ Three days before Sir John Bowring: eft, on the 2nd May, Ch. XXVIUL . : : : ed =f Colonel Caine was invested with the provisional Government of 4459, the Colony periding the arrival of Mr; Hercules Robinson, the Colonel new Governor. a8 D ete Se ; ca eh A 4 ogo Governor, At a sitting of the Supreme Court in its Summary Jurisdic- Mr. Green tion on the 7th May, the acting Chief Justice, Mr. Green,: took (°s,"t°, the Bench for the first time, The cause list was unusually heavy, the first time lawyers being retained on -both sides. in all the cases... Chie Justice, Dr. Bridges, feeling the hardship that section 3 of Ordinance Dr. Bridges No. 12 of 1858* relative to law partnerships, still inflicted eee a hardship upon barristers in the Colony, notwithstanding the However dark and verby, He gossips Greek. about the streets, And often Russ—in urbe, Strange tongues—whatever you do them call ! In-short the man is able ee ee To tell you what's o’clock in all, The dial—ects of Babel. _ . ; Take him on change—in Portuguese. “+ The Moorish and the Spanish, Polish, Hungarian, Tyrolcse, The Swedish or the Danish ! Try him. with these and fifty such, ' His skill will ne’er diminish ' a 4 Although you should begin in Dutch, = * os i ’ And end (like me) in Finnish. ‘ ' pig $. nk In 1811, Bowring procecded to London as a clerk in the office of Milford and Co., and in ‘connexion with this house he traveled during the next year or so in Spain and ‘Portu- gal, and later on--stil] employed -by the same firm—he visited Spain again, France, Bel- gium, Holland, Russia, and Sweden. ‘During his long absence he: formed the acquain- tance in Spain of many well-known Liberals; in France he gained the friendship of Abbé Gregoire, Laroche, Thierry, Cuvier, Humboldt, and other prominent politicians and learned mtn; whilst elsewhere he met many illustrious literary chaiacters,-with. whom during several years he maintained an active correspondence.’ In 1822. a trip to Paris ended disastrously ; for Bowring, being a man of great imprudence in speech, was thrown into prison at Calais, where he remained six weeks, and on his release was prohibited from again entering France —a prohibition which, of course, died away after the three glorious days of July, 1830. He began his literary career in 1821, by a pamphlet on slavery in Spanish, and in the next fiftcen years he published several yolumes of translations from Russian, Spanish, Polixh, Magyar, ete, - hag: In 1824, Jeremy Bentham conecived the i:lea of starting Zhe Westminster Ieview, and Bowring was joint editor with Mr. Henry Southern, the former taking charge of the poli- tical, and. the latter of' the literary department. Readers of J. 8. Mill's Autobiography will recollect that considerable. dissatisfaction is there expressed with the way in which Bowring performed his task; and in the volume now under notice, there is nothing but the most casual mention of J. $. Mill, and-he figures in no way amongst the. celebrities whom Bowring -deseribes. Although unsuccessfn] himself in commercial speculations, Bowring appears to have had a, good head for business, and his forwarduess and. rather inquisitorial nature, added of. course to. his linguistic powers, suited him particularly for duties which the Government, much ‘to its credit, found for him to perform. He was ,cle- puted in 1828 to Holland to examine the method pursued by the financial department in that country, and prepared a:report, the first of a long series, on the public accounts of various European States. These papers, his son says, are “models of perspicuity, showing * The following was the section: “No barrister shall become or be in any wise in- terested in the profits of the business of any other 'practitioncr-in-law, directly or indirectly, and whether under the name of law partner, or under any other name, or be or act as agent for, or clerk to, any such practitioner: And no attorney having a law partner shall be allowed to act as barrister in any matter where himself or his said partner is, or shall be, retained or acting as attorney.” Es 598 HISTORY OF THE LAWS, ETC., OF HONGKONG. Ch, XXVIII amalgamation of the two professions, petitioned the Legislative 1859. His petition to the Legislative Council. Council upon the subject. ‘The petition was received through the Clerk of Councils on the 23rd April. The acting Governor, at a meeting of the Council on the 18th May, laid the petition, of which the following is a copy, on the table :— To , —s His Excellency the Governor in Legislative Council. — Yat The humble petition of William Thomas Bridges, Doctor of Civil Law, Barrister-at-Law, and Practitioner-in- Law, in the Colony of Hongkong. Sheweth :— ; That your petitioner has been informed that Ordinance 12 of 1858 is’ under consideration for its amendment at the present time before Your Excellency in Council. » 84 : considerable power in grasping facts and in arranging them lucidly and. intelligibly.” It was at thistime that Bowring reccived his diploma of LL.D, from the University of Groningen, : In 1831 he was associated with Sir H. Parnell in the duty of examining and. reporting on the public accounts of France, « task which be performed with a great. ability ; and shortly afterwards he was appointed a Commissioner with George Villicrs (subsequently Lord Clarendon) for discussing. the commercial relations between England and France. The negotiations, however, failed ; and it was not till the time of Napoleon IIT. that a satisfactory treaty was effected. And he afterwards, with varying success, visited Bel- gium, Switzerland, and Italy, being deputed to inquire into the financial and trading prospects of these countries. In 1835 Dr. Bowring got into Parliament, was unseated in 1837, and finally sat for Bolton from 1841 to 1849. He was a staunch free-trader and a fluent speaker, but though a well-known man—a man perhaps of more notoriety than influence—he can scarcely be said to have been a suecess in the House. In 1848, the iron-trade in which Bowring had embarked his money was so depressed, that he became greatly embarrassed in his pecuniary affairs, and applied for, and obtained, through Lord Palmerston’s friendship. the appointment of Consul at Canton. In 1854 he succeeded Sir George Bonham, with whomhe could never agrec, a3 Plenipotentiary ; and he served in the Nast altogether more than nine years. It was on his return from China advanced in years and much broken in health, that he embarked on the ill-fated Alma, the scene of whose disaster is still pointed out to the voyager, on the Red Sea, The loss of an adl- ventitious part of the Plenipotentiary’s person on the shores of that desolate coast has amused many of the spectators of the Overland Route at the Haymarket, without causing much chagrin probably to the eminent knight himself. There was on board the Alma a certain Mr, G., of the Telegraph Department, and a popular member of the Ori- ental Club ; and it is understood that his observant eye (long since closed ’in.carly death) marked out many little traits of character and points of incident of which Mr. Tom Taylor was allowed to avail himself. Bowring’s tenure of office in China did not bring him popularity, but his Siam Treaty was a great success ; and his conduct in connexion with the Arrow affair, though much canvassed at the time, seems capable.of complete vin- dication.......00.." he Pioneer (Paternoster Row), 1877. The following is taken from Chambers's Encyclopedia, Vol. 11. (1895), p. 874 :— : Bowring, Sir John, born in Exeter in 1792, on leaving school entered a merchant’s office, and there pursued that course of polyglot study whereby, as he afterwards boasted, he knew two hundred, and could speak a hundred languages. The national poetry of dif- ferent peoples had special attractions for him, and he rendered great service to litera- ture by translating both the more ancient and the more modern popular poems of almost all the countries of Europe. In 182] he formed a close friendship with Jeremy Bentham, and in 1824 became the first editor of his radical Westminster Review, to which, as be- seemed the descendant of an old Puritan stock, he contributed many articles on freedom in religion and_ politics, as well as on literary subjects. In 1828 he visited Holland ; and his Sketeh of the Language and Literature of Holland (1829) procured for him the degree of Doctor of Laws from the University of Groningen, Subsequent travels were under- taken by him, on a commission from the British Government, to inquire.into the com- mercial relations of certain States. He visited Switzerland, Italy, Egypt, Syria, and finally the countrics of the German Zollvercin, and everywhere found materials for valuable reports. He sat in Parliament. for Kilmarnock from 1835 to 1837, for Bolton from 1841 to 1849, and actively promoted the adoption of free trade. In 1849 he was appointed British consul at Hongkong, and sunerintendent of trade in China. He ree DR. BRIDGES. ON LAW PARTNERSHIPS. 599 That .it appears to your petitioner, that a great hardship has been inflicted Ch, XXVIII, upon your petitioner and other barristers-at-law, acting as local practitioners- in-law, by the third section of such Ordinance. : : ' 2 ' i? : Dict SRA REE : That such hardship consists in this, that whereas all other distinctions be- tween barristers and solicitors are done away with, one is yet preserved, which admits of any number of solicitors or attorneys in partnership together, but denies the same right to such practitioners-in-law as are barristers in th mother-country, : That an injury is thereby inflicted both on the practitioner, and on the client, inasmuch as the barrister-practitioner is compelled, on absenting him- self from the Colony for health or a visit to the mother-country, to break up altogether a business conuexion which it may have been the labour of years to bring together, whereas the interests of the solicitor-practitioner can be Jooked after by the remaining partner or partners ; and the interests of the client are also ‘similarly affected, as those who employ barristers as their legal advisers must necessarily be compelled to transfer all their matters in hand to strangers ; instead of continuing it in the same office under the superintend- ence of the /ocum tenens or successor of their original counsel. ‘That your petitioner confidently submits that no valid reason whatsoever can be adduced for making any distinction in this respect between either class of legal, practitioners in this Colony, and as undoubted advantages have already resulted from the amalgamation of the two branches of the profession, it is but fair and reasonable that all restrictions upon that amalgamation should be done away .with, unless valid and existing reasons ean be shown to the contrary. Your petitioner therefore humbly prays Your Excellency in Council to repeal the whole or so much of the third section of Ordinance 12 of 1858 as to Your Excellency and the Legislative Council shall seem meet. And your petitioner, ete., (Signed) Witziam T. Bripees. ~The same having been read, on the motion of the acting Chief Justice, seconded by the Colonial Secretary, it was ordered. “to lie on the table.” The Ordinance to amend Ordinances No. 3 and No. 12 of 1858 was then read a second time, and the Council went into Committee upon it. Sections 1 and 2 being agreed to, the acting Governor moved, and it was carried, that the Ordinance do pass and that the title be “An Ordinance to amend Ordinances Nos. 3 and 12 of 1858,” the same being numbered No. 3 of 1859. Dr. Bridges’ application met with no success, At this meeting, the acting Governor also laid on the table a despatch of the Secretary of State relative to the protest of the unofficial turned in 1853, and in the following year was knighted and made Governor of Hongkong. In 1856, an insult having been offered to a Chinese pirate bearing the British flag (the ‘affair of the lorcha Arrow’), Bowring, without consulting the Home Government, ordered the bombardment of Canton, a proceeding which excited grave dissatisfaction at Home, and nearly upset the Palmerston Ministry. In 1855 he concluded a commercial treaty with Siam, in 1858 made a tour through the Philippine Islands; and his accounts of those two visits are about the most rcadable of his thirty-six works. He retired with a pension in 1859, and died at Claremont, Exeter, 23rd November, 1872. See his Autobiographical Reminiscences.” 5 1859, Ordinance No. 3 of 1859, 600 Ch. XXVIII. 1859. The appoint- ment of Mr. Rennie, the Auditor- General, as a, member of the Legisla- tive Council confirmed, Conviction and execu- tion of Lo Chun Sun for piracy and murder, Resignation of the Chief Magistrate, Mr. Davies. Mr. Davies as a supporter of Mr. Anstey. The reason for Mr. Davies’ resignation. Mr. Anstey’s letter to the Secretary of State upon the subject. Messrs. Cooper- Turner and Haze- land take over Mr, H. J. Tar- rant’s business, Departure of Messrs, Tar- Tant and Stace for England. HISTORY OF THE LAWS, ETC.,; OF HONGKONG. members of the Legislative Council, made: at the: meeting held on the 4th December, 1858," against the appointment of Mr. Rennie, the Auditor- General, to a seat in the Council, Hind con: firming the nomination. At the Criminal Sessions held on the 25th May, Us Chun Sim was sentenced to death for piracy and murder, the execu- tion taking pings on the Jet June... ‘The Colony na now to: regret the loss of the Chief Magis. trate, Mr. Henry Tudor Davies, who, for reasons best known to himself, having accepted office under the Chinese Government, as Commissioner of Foreign. Revenue (Customs) resigned his position in Hongkong on ‘the Ist J une, Mr. W. H. Mitchell, being appointed to succeed him temporarily,t Mr. May replac- ing “Mr. Mitchell as Assistant Magistrate, and Mr. Jarman acting as Superintendent of Police in the place of Mr. May. In Mr, Davies the Colony had lost a conscientious and painstaking official as well as an able and careful Magistrate. His relations with Mr. Anstey had always been of a friendly character, and Mr: Davies’ independent spirit made him frequently, especially i in the degielatwve Counell, an argent supporter of Mr. Anstey. Indeed, the jeiehcatuts cause of Mr. Davies’ resignation is said to have heen due to his disgust with the service in Hongkong. Mr. Anstey, writing to the ‘Secretary of State on the 17th May, 1859, stated that ‘‘in a very desponding letter he had just received from Mr. Davies,” the latter had informed him of his reasons for resigning office, “and that,” added Mr. Anstey, ‘“my own fate, the iniquities of Hongkong, their prolonged impunity, and my final departure from. the island, have led to his renouncing Her ! Majesty’ s Colonial Service, resigning all; his posts at Hongkong, and proceeding to the North of China, where he had accepted a temporary office under the Kmperor of that country, connected with the Customs ; and where he would be freed from the corruptions and annoyances, which he: most justly complained of at HONE EONE: as ~ On the 8th June Messrs. Cooper-Turner and. azlana adver- tized that they had taken over the business of Mr. H. J. Tar- rant, solicitor and notary public, who together with Mr. Stace proceeded to England on the 5th July (the former for the * See Chap, XXv. § 1, p. 564. + As regards Mr. Mitchell's further movements in the service, see Chap. XxXXI., infrt and Volume I1., Chap, XXXVII. t See also anté, Chap. xxv. § IL, p. 573. , § Parliamentary Papers on Honyhong, 21st March, 1860, p, 408, APPEAL CASE IN THE PRIVY COUNCIL. 601 purpose of getting called to the Bar in England. On thecn. xxvim. 22nd June, upon Mr. Inglis, the Harbour Master and Marine io55, Magistrate, proceeding on leave, Mr. Newman was appointed to Departure replace him, ‘‘ Marine Police cases as on similar previous occa- Faun ane® sions being entertained by the ordinary Police Courts of the Master and Colon 0? = Marine y- * Magistrate, During this month another meeting of the inhabitants of New- Meeting at castle took place, relative to the affairs of Hongkong. A petition a ds was drawn up, signed by the Mayor and others, and forwarded to the Queen upon to the Queen. Hongkong affairs. On the 2nd July a reply was received from Her Majesty to Pee) relerre the effect that she had “commanded the said petition to be to the referred for the consideration of the Secretary of State for the Secretary Colonies.” tate “Colonies. Additional Rules and Regulations for the several Courts of zclitsanal Vice-Admiralty abroad, established by Her Majesty’s Order-in- Regulations Council, bearing date the 6th July, were published in the Colony eee on the 21st September. On the 19th July, it was notified that miralty Chinese passes would, for the future, be required after 8 p.m., Co™ instead of 9 p.m., as recently. . ee The Privy Council, on the 19th July, delivered judgment Privy : ace Council in the appeal case of Lapraik and Another, appellants, v. appeal. Burrows, respondent. The appeal was from a sentence of the rapraik and Vice-Admiralty Court of Hongkong made in a cause of posses- Another «. sion, civil and maritime, promoted by the respondent, claiming to be owner of the ship Australia, against the appellants, resi- dent in the Colony, the registered owners, and at that time in Act 8 and 9 possession of the ship. ‘he Vice-Admiralty Court decreed en ei possession to the respondent on the sole ground that the Act 13 vict-c. 29. 8 and 9 Vict. c. 89 for the registration of British ships, made Decision applicable to foreign ships by Act 12 and 13 Vict. c. 29, had gf Chief not been complied with. The Privy Council reversed the deci- Hulme sion of Chief Justice Hulme.* ee The Act 22 and 23 Vict. c. 9, providing for the discharge of oo ene the duties of the Chief Superintendent of ‘Trade during vacancy paea of office or absence, was passed on the 8th August. ‘aye : -, Jurym Jurymen summoned and not actually sitting were in the habit anne of leaving the Court without permission, and inconvenience the Court having been caused by that fact, by direction of the Court, the Lee * See 13 Moore P,C,C. 132. 602 Ch. XXVIIT. 1859, Order of Court. Death of Mr, John Smithers, Usher of the Supreme Court and Sexton to St, John's Cathedral, HISTORY OF THE LAWS, ETC., OF HONGKONG. following notice was published in The Government Gazette warn- ing the jurymen of the risk they ran in consequence :— “ NOTICE. Gentlemen summoned to attend at the Supreme Court as Jurors are hereby notified, that they are not at liberty, without express leave of the Court (by Proclamation or otherwise) to consider their services dispensed with ; that they can ascertain whether their presence is required or not, by applying to the Registrar of the said Court ; and that if they absent themselves without leave, they do so at the risk of being fined for such absence. By Order of the Court, (Signed) Ww. Hasrines ALEXANDER, Registrar.” 15th August, 1859, This notification by order of the then acting Chief Justice was ordered to be re-published on the 5th November. Mr. John Smithers, who had been Usher of the Supreme Court as well as clerk and sexton to St. John’s Cathedral, died on the 6th September. He was, according to the records, much and deservedly regretted. 603 CHAPTER XXIX. 1859. Mr. W. H. Adams appointed Attorney-General, vice Anstey. —His carcer.--Arrival of the Governor, Sir Hercules Robinson, and of Mr, Adams.—Mr. Adams’ appointment notified. —Under orders from Secretary of State. he is appointed acting Chief Justice:—Mr. Green resumes acting Attorney-Generalship.—Supreme Court re-opens at 10 a.m.—Mr. Adsms’ first, appearance in Court.—KForgery of the signature of Mr. Adams, acting Chief Justice.—Arrest_ of Wong Aloong.—Trial and conviction.—Mr, Adams afforded an early opportunity of judging the native character.—Ordinance No. 4 of 1860.—The first case destined to be tried by acting Chief Justice Adams.—Mr. Adains, besides the Governor, intended to apply ‘the new broom.’—Investigation into repeated accusations made by Mr. W. Tarrant against Colonel Caine.—Major Cainc’s attitude consequent on being in possession of Mr, Campbell's opinion formed at the inquiry held by him in 1847.—Mr. Tarrant owed his dismissal from Government to Mr. Campbell.—Mr. Campbell’s report produced after being suppressed for twelve years.—The inquiry by Mr. Campbell in 1847, how constituted.—In- vestigation by way of charge for libel against Mr. W. Tarrant by Colonel Caine.—On the eve of his departure Colonel Caine.takes up the glove so often thrown at.him.—The attidavit of Colonel Caine leading to the proceediiigs for libel against Mr. Tarrant.—The trial.—The ver- dict.— Defendant ordered toappeartor judgment.—A ffidavit of Mr. Tarrant in mitigation of sentence.—The acting Chief Justice’s remarks in passing sentence on Mr, Tarrant. Heavy sentence.—Vindication of Colonel Caine's character.—Defendant had no counsel.—An impartial inquiry——Colonel Caine’s long silence.—Mr. Tarrant believed himself to have been injured by Colonel Caine.—The conduct of the Government.—The community sup- ported Mr. Tarrant.—Acting Chief Justice Adams and Mr. Green, acting Attorney-General, sworn as members of the Legislative Council.—The press excluded from the mecting.— The Governor's observations as to the constitution of the Council.—Mr Mercer's notice of motion on the state of the Hongkong press.—He withdraws his notice of motiou.— Heavy sentence passed on Mr. Tarrant believed to have desired effect.—Ordinance No. 16 of 1860 amending the law relating to newspapers.—Sir H. Robinson and Mr. Adams had come out with instructions.—The heavy sentence on Mr. Tarrant ascribed! to that idea as well as the exclusion of the press from the Legislative Council.—The Governor's refusal to ameliorate Mr. Tarrant’s condition in Gaol.—The severe treatment meted out to Mr. Tarrant in Gaol.—Spirit of revenge.—Public feeling that punishment in excess of offence.— Mr. Tarrant is removed to the hospital ward.—On a visit of Mr. Mercer and two other Justices of the Peace to the Gaol. Mr. Tarrant is ordered back to his former cell.—The community departure Colonel Caine takes up the glove so often thrown at him, 610 a HISTORY OF THE LAWS, ETC., OF HONGKONG. Chap. XXIX.community and others by his allowing the persistently-repeated 1859, The affidavit of Colonel Caine leading to the proceedings for libel against Mr. Tarrant. rumours to gain credence. The case came on for hearing on Saturday, the 17th September, 1859, and, as stated, the proceed- ings arose out of the article previously mentioned. The matter being of so much importance and being so inti- mately bound up with the affairs of the Colony up to this period, quite apart from Colonel Caine who had, in a way, grown up with the island at this date, that it is deemed necessary to reproduce in full the affidavit of Colonel Caine which led to the proceedings under consideration, and which is as follows :— IN THE SUPREME COURT OF HONGKONG. Crown Side. I, William Caine, Brevet Lieutenant-Colonel in the Army, make oath and say i— L. That 1 am Lieutenant-Governor of the Colony of Hongkong, and am at present administering the Government thereof, and that I have success- ively held the offices here of Chief Magistrate, Colonial Secretary, and Lieutenant-Governor. 2. That 1 have perused the hereunto annexed impression of a certain news- paper entitled The Overland Friend of China, numbered 16, and bearing date the twenty-fourth day of August, 1859, and purporting to be printed and published by Luiz d’Azevedo for William Tarrant, editor and proprietor thereof. 3. That in such impression, and in the third and fourth columns of the first page thereof, occur the following remarks, viz.:— “ Notwithstanding the non-arrival of Sir Hercules Robinson, it is under- stood that Lieutenant-Colonel Caine, who, since Sir John Bowring left, has filled the post of Governor here, proceeds to England by the outgoing mail, This is the party referred to by Chisholm Anstey in his speech at Newcastle (extracts from which will be found on our third page) as ‘the veteran’ from India, whom he had heard declare many a time and oft, found it easy for officers to add £500 per annum to their pay by receiving presents from natives, and who, Mr. Anstey went ou to say, had shown by his prac- tice in Hongkong that he had not profited badly by the lessons so learned. when in India. “This is extraordinary language to use of a public man, and must necessi- tate a stringent enquiry. Should that enquiry be properly gone about, the result cannot be doubttul. Mr. Anstey, it will be seen, bases his charges on what appears in the book before him, and in the papers to be moved for by Mr. Edwin James; but, unless Mr. Anstey is requested by Government to give his aid to the unravelling of what that book and those papers unfold, we entertain grave fears for the success to truth of what may be done under the auspices of Downing Street, “(Downing Street! Faugh! The very name of Downing Street, to victi- mized Colonists, stinks in our nostrils, If there is one germ of revolution and danger to the State, which of all others should be first eradicated, that germ lies in Downing Street. Downing Street, the callous-hearted, blind- eyed, deaf-eared monster—the pulse which of all others throbs untrue to the great heart of Muglind.] THE AFFIDAVIT OF COLONEL CAINE. 61] “There can be no difficulty, we should think, of substautiating against Chap. KX(X. Colonel Caine a charge of malversation of office. The proof of this charge lies in the inferences to be drawn from his deportment as exhibited by the papers in question. Colonel Caine’s name has been used to obtain money from the Chinese in all sorts of ways. According to Chinese report he wanted a dollar a head from each resident in Chinese brothels ; he wanted fees for keeping gambling-tables ; he wanted what was termed hiang gua, “ duty money,” for licences to sell in markets ; he wanted presents for his influence in Council ; he wanted a full supply of everything for his table from the market- holders ; ; on building contracts, he wanted a huge percentage ; on grants of leases, he wanted sums of various amounts, from one hundred to five hundred pounds. Even on offices held by Europeans under the Govern- ment he required his thirds, and one of our contemporaries went so far as to state that in the case of a Mr. Holdforth, who for some time filled the office of Sheriff, if Mr. Holdforth were to be believed, he got them! All these thiugs, we say, the Chinese report, and they believe them to be true. Still it is just possible that all these reports are untrue ; and certain it is that an enquiry into the brothel dollar extortion failed in eliciting any support to the allegations previously made by Chinese to respectable Europeans.* Gambling tables again are kept by Chinese even under the eyes of the Police, but there is no proof of fees going into Colonel Caine’s pocket for the privilege. Even in the case reported on page 2 of this paper the Chinese insinuated that they believed the money extorted went to Europeans, but would mention no names. “As regards the bonuses for leases—supplies for table—percentage on building contracts—fees for influence iu Council, etec., all rest on surmise, or the assertions of Chinese whom the Government will not believe. Chowh Aoan, formerly the Treasury compradore, and still a licensed farmer of more than one monopoly under Government, is the only one that ever told us he was directed by Colonel Caine to demand money from Chinese for benefits to be accorded. When taxed with this before the Executive Council, he denied it, of course ; nor were the assertions of two of his victims as well as our own, considered to weigh so heavily as his asseveration weighed. “This is the same man Chowh Aoan, of whom it was proved in the Caldwell enquiry that he paid $550 to Mr. Caldwell’s sister-in-law for the amelioration of his partner's punishment—$50 going to the woman—$500 to some one else—the sentence being reduced from fifteen years’ transportation to two years’ imprisonment. a ‘“‘ All this we repeat, is only report, and Colonel Caine must be one of two things, either the cleverest rascal that ever lived—a felon for whom trans- portation would be too light a punishment, or he is a much maligned man, and deserving of the sincerest pity. “ This, then, being his actual position, the question naturally arising in the mind of any impartial person is this—What has Colonel Caine himself done to obtain relief from such odious imputations ? Aud the answer is his con- demnation. The answer is this, and the papers to which Mr. Anstey refers proved it: That when he had a good opportunity to confront his house com- pradore, the alleged recipient of much extorted money, with the parties who charged him, he did not simply allow, but, as appearances go, actually con- nived at his getting out of the reach of justice.{ He did worse than this. Upon not a shadow of basis he charged the Englishman—the oldest subor- * This, no doubt, is in reference to the charges brought by Mr. Shortrede against Major Caine, in 1845, "although he was never charged with ‘conspiracy’ or libel—sce ante Chap. 111. § I1., p. 80. + This nation will be found referred to, anté Chap. XXI11., p. 508,—the amount paid, however, being $450 and not $550 as stated above, } Sce ante Chap. VIL, pp. 144, 150, 1 859, G12 HISTORY OF THE LAWS, ETC., OF IIONGKONG. Chap. XXLX. dinate officer of Government—who brought the matter to his notice, with the 1859, crime of conspiring to injure his—his—Colonel Caine’s fame and reputation.* In doing this he effectually burked all attempt to elicit the truth ; and ini- tiated such a reign of terror among English officials, from the highest to the lowest, that not one of them (excepting Mr. Anstey) dares to open his mouth, though extortion might go on in Colonel Caine’s name under his very eyes. ‘Why to this hour, Chinese reports, coupled with contemptuous laughter, go that he pays his ol compradore a pension for some purpose or other— this compradore being the man on whose receivings those entries were made in the Central Market books of “ Paid Caine duty money ”—‘ Paid Caine himself,” etc.,—monies to the extent of £500 within one month, all of which was clear extortion. “Such, then, are our grounds for saying that there can be little difficulty in substantiating a charge against Colonel Caine of malversation of office. The reports to which we have referred may, as Colonel Caine would have his friend believe, be all reports and nothing else ; but though the scandal bo but seandal, the extraordinary course which Colonel Caine has taken to rebut it is so mysterious and reprehensible. that, for it alone, he deserves punish- ment as a malfeasant. This conduct may be likened to that of the governor of a castle who, whilst he stoutly maintains the gate, permits the enemy to enter by another and @ prepared way. It was ever his bounden duty to keep the character of this Government in the eyes of the Chinese pure and undefiled, and of all things to keep his own hands clean. The hands may be clean, but what has become of the character ? What is the character of the Hongkong Government as represented on the name of Colonel Caine.? “Tf Colonel Caine is guilty of but a little of what is laid at his door, then we say that Mr. Caldwell, of whom our Neweastle friends are making so much noise, is an angel of light when placed in comparison ; and, guilty or not guilty, it is all tho same, for we say it, without the slightest fear of contradiction, that neither Mr. Caldwell, Dr. Bridges, nor Ma Chow Wong, would ever have dared to act as they did had they not had before thetr eyes the spectacle of Downing Street's determination to ignore all complaint, not simply to ignore complaint, but to visit with pecuniary loss and contumely, . present and prospective, all who dare to intrude complaint on their notice. “Oh, for a more than Herculean power to crush that monster, Downing Street ! that rival of the worst days of the Spanish Inquisition, or the Ger- man Vehm !” 4. That by the words Lieutenant-Colonel Caine, Colonel Caine, aud Caine, in such article appearing, I only, aud no other person, can be meant. 5. That I never at any time informed Mr. Chisholm Austey that I had found it easy for officers in India to add £500 per annum to their pay by receiving presents from the natives, nor have I at any time said anything to the said Mr, Chisholm Anstey, or to any one else from which such asser- tion could be fabricated. 6. That I nevor at any time wanted a dollar a head from each resident in Chinese brothels—that I never at any time wanted fees for keeping gambling- tables—that I never at any time wanted what was termed hiang gun, duty money, for licences to sell in markets—that I never at any time wanted pre- sents for my influence in Council—that I never at any time wanted a full supply of everything for my table from the market-holders, except upon tho usual terms of paying for what I had like other people—that I never wanted a huge, or any percentage whatsoever on building contracts—that I never, on * This, of course, refers to the case originally brought against My, Tarrant, MR. TARRANT CONVICTED OF LIBELLING COLONEL CAINE. 613 ¢ the grants of leases, wanted any sum or sums of money, and much less sums Chap, XXIX. of various amounts from one hundred to five hundred pounds sterling—that A never required my thirds, or any proportion or fee whatsoever, on offices held by Europeans.under Government, nor ever did receive any such propor- tion of either salaries or fees of office of any Colonial servants—that I did not, in any way, allow or connive at my house compradore getting out of the reach of judtice—that J do not pay my old compradore a pension, and that I never have'been guilty of malversation of office. 1859, 7. That the statements in the said Overland Friend of China newspaper, to the effect that there can be no difficulty of substantiating against me a charge of malversation of office, insinuating that I corruptly wanted a dollar a head from each resident in Chinese brothels in this Colony —that I corruptly wauted fees for the keeping of gambling tables in this Colony—that I cor- ruptly wanted what was termed the “ hiang gun” duty money for licences, for persons to sell in market in this Colony—that I corruptly wanted presents for the improper exercise of my influence as a member of either the Execu- tive or the Legislative Councils in this Colony—that I corruptly wanted a full supply of everything for my table from the market-holders of this Colony (without the usual payment therefor)——that I corruptly wanted a huge per- centage on building contracts—that I corruptly wanted, on the grant of leases, sums of various amounts from one hundred to five hundred pounds sterling, and charging that on offices held by European servants in this Co- lony, I corruptly required or received a third of their salaries, and that when Thad a good opportunity to confront my house compradore, the alleged reci- pient of much extorted money with the parties who charged him, I not only allowed but actually connived at the said house compradore’s getting out of the reach of justice ; and that I deserve punishment as a malfeasant, are false, malicious, and defamatory libels, and wholly untrue. Sworn at the Supreme Court House, Victoria, this twenty-fifth day of August, A.D, 1859. = W. CAINE. W. H. ALEXANDER, A Commissioner, ete. At ten o'clock the acting Chief Justice, Mr. Adams, took his The trial. seat. Dr. Bridges and Mr. Pollard appeared for Colonel Caine, while Mr. Tarrant appeared in his own defence, assisted by Mr. Hazeland, solicitor. Dr. Bridges, as the reader will remember, was an intimate friend of Colonel Caine’s, and as he too had good reason to remember Mr. Tarrant for past attacks, as may be imagined, he left no stone unturned which he thought he could turn to advantage. The defendant pleaded justification. The case lasted three days, and on Tuesday afternoon, the 20th The verdict, September, the jury returned the following verdict : — . “We unanimously find the defendant guilty of the libel charged against him. And we find-also that he has totally failed to connect Lieutenant- Colonel Caine, in even the remotest degree, with the various corrupt practices falsely alleged against him therein.” sk Defendant . ordered to The defendant was then ordered to appear for judgment next ee morning at ten o’clock and ordered meanwhile to enter into jsdavit of recognizances. The next day, Wednesday, the 21st September, Mr. Tarrant 24 is 3 in mitigation the Court met,at ten a.m., precisely, when Mr. Tarrant handed of sentence, 614 HISTORY OF THE LAWS, ETC., OF HONGKONG. Chap. XXIX.in an affidavit for mitigation of punishment, and, after hearing 1859, The acting Chief Justice’s remarks in passing sentence on Mr. Tarrant. Heavy sentence. Vindication of Colonel Caine’s character. Defendant had no counsel, An impartial inquiry. Colonel Caine's long silence. both Dr. Bridges and Mr. Pollard in reference to some of the statements in the affidavit, the acting Chief Justice then passed sentence, referring to the various facts of the case as follows :— He told the defendant that the affidavit he had handed in, after being found guilty by a jury of his countrymen (who not only found him guilty, but found also that he had failed to establish his charges), aggravated his case, instead of mitigating it. His Lordship then exposed the fallacy of say- ing that the charges were published for the public good,—and defendant's saying that it was to induce the Home Government to inquire into them, because he not only libelled Colonel Caine, but also the Home Government, His Lordship then remarked, that the libel seemed to be the result of private feeling ; that he (defendant) thought himself an injured man, and that he had all along attacked Colonel Caine as the supposed agent ; and that there was a strong animus evident from the whole wording of the article. The acting Chief Justice then remarked, that the characters of public men were public property, and that charges made against public’ men were chargés made against society, and that, therefore, their characters required to be protected. The defendant had acted thoughtlessly ; he had collected all the rumours floating about, and published them, without carefully considering whether they were true or not. He had also acted negligently. A poor mau might steal from uecessity, but defendant had tried to rob Colonel Caine of his good character, at a time when he was going to return to his country amongst his early friends and relatives, and after he had served his country for forty-six years. Justice therefore required that the sentence be severe ; and as he always attended with great respect to the recommendation of a jury, he was bound to take into his consideration the special finding which the jury had appended to the verdict, and which would, if possible, induce him to be more severe ; aud the sentence of the Court was, that defendant be imprisoned in the Common Gaol of this Colony for a period of twelve months, and pay a fine of £50, or be imprisoned for a further period in default. The result, as might have been expected, after such a lapse of time especially, was a complete vindication of Colonel Caine’s character, the jury having, moreover, been mainly guided by Mr. Campbell’s finding which was, as is seen, highly favourable to Colonel Caine. Throughout the trial, the records show that the Court treated the defendant with great leniency, he not being represented by counsel. In one sense, however, the circumstances -were favourable to an impartial inquiry. There was a Judge just out from England who could not be supposed to have had any prejudice one way or the other; the jury were mostly merchants of high character and stand- ing; there was a mixture amongst them of old and new residents, and none of them were intimate with Colonel Caine; the defendant was allowed every latitude, the matter was fully gone into, and the result was that the jury felt com- pelled to do even more than find Mr. Tarrant guilty of libel and brought in a special verdict. No attempt was made to substantiate the greater part of the charges brought against Qolonel Caine, and where the altempt was made, CRITICISMS UPON THE TREATMENT OF MR. .TARRANT. 615 it entirely failed. It also appeared that three successive Chap. XXIX, Governors and three Secretaries of State had had their at- tention directed to the charges against the Colonel, and had concluded there was no ground for them, though 1t seemed a pity for his own sake that Colonel Caine did not long before, either by instituting proceedings against Mr. Tarrant or other- wise, seek to requite the charges instead of allowing them to be repeated from year to year until the time when the public had got tired of them and had begun to believe in the truth of them, and thus allowed Mr. Tarrant to continue his attacks. The matter was now, however, thoroughly closed up. The acting Chief Justice, ina lucid and admirable charge to the jury, made an observation which showed how thoroughly he had penetrated the true state of the case. It was to the effect that Mr. Tarrant believed himself to have been injured by Colo- nel Caine and thought that any weapons of warfare were allow- able against him. Mr. Tarrant was wrong’; but the conduct of ainan labouring under a fancied grievance is not to be harshly judged when the conduct of those about him, who ought to enlighten and check him, is such as to sustain the delusion and to urge him on the course of warfare which he adopted. In attempting tocrush Mr. Tarrant by an absurd prosecution for ‘conspiracy ; in getting rid of him by the transparent device of abolishing his office while its dutics still remained to be per- formed ; in being afraid to point out the true grounds of his removal ; and in concealing from public knowledge the investi- gation which was held at the time into the charges of corruption, Government took a course calculated to confirm Mr. Tarrant in his delusion, to raise suspicion as to the character of the inves- tigation made, and to give scope tor suspicion regarding Colonel Caine. Again, in backing up Mr. Tarrant with monetary aid as a public journalist ; in its readiness to entertain slanders, 1859. Mr. Tarrant believed himself to have been injured by Colonel Caine. The conduct of the Government. The com- munity supported and especially against public men; in its encouragement of Mr. Tarrant. violent language and unfounded accusations; and in refusing to place confidence in the servants of the Crown and the working of the public service, the local community, or at least a very large portion of it, supported Mr. Tarrant in the idea that his own interests as well as those of justice required him to hammer away at Colonel Caine with all the rumours or imaginings that he could pick up.* On the 21st September the acting Chief Justice, Mr. Adams, * A perusal of Mr. Anstey’s pamphlet on Crime and Government at Hongkong (pp. 40-47) shows how thoroughly he committed himself to Mr. Tarrant’s charges against Colonel Caine, and there can be no doubt that,emboldened by both Mr. Anstey’s pamphlet and speech at Newcastle, Mr. Tarrant brought the present castigation upon himself. : Acting Chief Justice Adams and 616 Chap. XXIX. 1859. Mr. Green, acting Attorney- General, sworn as members of the Legislative Council, The press excluded from the meeting. The Gov- vernor's observations as to the constitution of the Council. Mr. Mercer's notice of motion on the state of the Hongkong press. He with- draws his notice of motion. Heavy sentence passed on Mr. Tarrant believed to have clesired effect. Ordinance No. 16 of 1860, amend- ing the law relating to newspapers. - Sir H. Robin- son and Mr, Adams had come out with instruc- tions, HISTORY OF THE LAWS, FTC., OF HONGKONG. and the acting Attorney-General, Mr. Green, having been gazet-. ted to seats on the Legislative Council, were sworn in accord- ingly. At this meeting, at which the press were excluded, the Governor made some observations as to the constitution of the Legislative Council, expressing his opinion that for the future the official members should never bear to the unoflicial members a greater proportion than two to one, The Colonial Secretary, Mr. Mercer, stated that he was desirous of giving notice of motion on the subject of the press of the Colony, and intimated that, with the sanction of the Governor, he would at the next meeting of the Council submit a resolution, upon the form of which he would decide when he handed his written notice to the Clerk of Councils, but he wished only to state then that his object was to give either the Council collectively or the members individually an oppor- tunity of expressing an opinion on the present state of the Hongkong press; but at the adjourned meeting held on the 9th November, he withdrew his notice of motion observ- ing that “under existing circumstances there was not the same necessity as before” (sie) for the motion—doubtless conveying the idea that it was thought that the heavy sen- tence passed upon Mr. Tarrant would have the desired effect. Continuing, Mr. Mercer said that “ his intention had been sole- ly to provide some substantial security for the public against the scurrilous attacks of a portion of the press, and the means which he had designed to propose for the purpose were such as no respectable editor would object to.” The matter then dropped, but it was not lost sight of, for on the 20th Novem- ber, 1860, was passed the Ordinance No. 16 of that year “ to amend the law relating to Newspapers in Hongkong.” The idea prevalent in Hongkong was that both Sir Hercules Robinson and Mr. Adams had come out with instructions to put down that disagreeable spirit which had pervaded some members of the community, and the undoubtedly severe sentence passed upon Mr. Tarrant was ascribed to that idea, supported by-the fact of the press being excluded from the sittings of the Legislative Council, and the Governor declining to amelio- rate the condition of Mr. Tarrant in Gaol, as hereinafter related, which tended to attach the stigma of cruelty to it. At all events Sir Hereules Robinson had, as a matter of fact, been directed at the time of his departure for the Colony to make an inquiry into the various charges raised by Mr. Anstey, but cautioned however, against stirring up again “all that mass of mud which appeared to have encumbered society in Hongkong.’’* * Sve Debate in ithe House of Lords upon the case of Zam Achoy, Cept. Baker and others, June 28th, 1860, infrd, Chap, XXX1. MR. TARRANT IN THE PRISON HOSPITAL. 617 But men are but human,:and justice ought to be tempered Chap. XXIx. with mercy, and it: was to be remembered that the charges which Mr. Tarrant had brought against Colonel Caine had been reite- rated openly over and over again during a period of twelve years, and not in a slanderous, behind-the-back manner, and that Mr. Tarrant probably deserved credit: for his consistency, although he was wrong. at Notwithstanding these facts, however, immediately after the sentence passed upon him, Mr. Tarrant was taken to the Gaol and placed in an ill-ventilated cell “ eighteen and three quarters feet broad by nine and a quarter feet wide, and twelve feet high,”.along with four other persons (felons and refractory sea- men) with whom he was locked up twelve hours out of the twenty-four and limited strictly to Gaol rations, and subjected otherwise to severe treatment.. No indulgence whatever was shown him, a treatment far different to that meted out to Mr. Murrow by Sir John Bowring after his conviction for libelling him. It is, of course, hardly necessary to add that on his inearceration Mr. Tarrant’s paper, The Lriend of China, ceased to appear and his property, whatever it was worth, was ruined. Colonel Caine, notwithstanding his conduct in the past in not prosecuting Mr. Tarrant, it was justly considered, ought to have been satisfied after having had a verdict recorded in his favour, without the Government now treating the delinquent with a severity that almost justitied the statement that a spirit of “revenge’’ was being perpetrated upon Mr. Tarrant, to the extent that public“feeling, little concerned at first so far as the individual himself went, now experienced a re-action that the ‘punishment was in excess of the offence. ' , FHS Naturally his state of mind and “ the felon’s fare” began to tell upon Mr. Tarrant, who, by orders of the prison surgeon, was removed to the hospital ward and a better and more liberal diet prescribed for him. The Colonial Secretary, Mr. Mercer, and two other visiting Justices on a visit to the Prisons were horrified at finding Mr. Tarrant in hospital, and, questioning the surgeon, got him to admit that Mr. Tarrant was not actually ill, although a continuance in his first night’s ‘ pleasant quarters’ would probably have had the effect of rendering him so. No- thing, however, could move the stern visiting Justices. Mr. Tarrant was remanded back to his narrow cell and the com- panionship of felons and refractory seamen, whose language day after day and night after night was described as being of a most disgusting nature, The community now decided to: take 1859, The severe treatment meted out to Mr. Tar- rant in Gaal. ‘ Spirit. of revenge, Public feeling that punishment in excess of offence. Mr, Tarrant is removed to the hospital ward, On a visit of Mr. Mercer and two other Justices of the Peace to the Gaol, Mr. Tarrant is ordered back to his former cell. 618 Chap, XXIX. 1859. The com- raunity decide to take steps. The Govern- ment peti- tioned to allow Mr. Tarrant to be confined in the debtor's side of the Gaol, The petition, HISTORY OF THE LAWS, ETC., OF HONGKONG. steps in the matter, and, as will be seen, the Jury by whom Mr Tarrant was tried, together with some of the most respectable inhabitants, including members of the Legislative Council anc gentlemen in the Commission of the Peace, petitioned the Gov. ernor, not with a view to shortening the period: of confinement but in order to mitigate it so far as to allow of Mr. Tarrant being confined on the debtors’ side of the Gaol. The following was the petition :— To His Excellency Sir Hercules Robinson, Governor ,of Hongkong and ite Dependencies, etc., etc., ete. Sheweth :— That the undersigned, your humble petitioners, do hereby petition Yow Excelleney to ameliorate that part of the sentence passed on Mr. William Tarrant on Tuesday last, the 20th instant, for libel, by His Lordship the Chie? Justice, viz., that he be imprisoned in the Common Gaol, to confinement in the Debtors’ Gaol, under the regulations thereof. ‘ Your petitioners farther show, that the: said Mr. William ‘Tarrant is, or was, confined in a cell with four convicts. : That your petitioners ‘further show, that Mr. Tarrant was in the said eell subject to a nuisance of the most disgusting nature,* through which your petitioners believe Mr. William Tarrant was temporarily removed ‘to the hospital by order of the Colonial Surgeon ; that as your petitioners and the Colonists in general believe, that His Lordship had not possibly any idea of the place to which, he, His Lordship, had consigned the said. Mr. T arrant, would willingly give assent to Your Excellency's merciful consideration here- in. That your petitioners only petition Your Excellency that that_portion of the sentence, as hereinbefore mentioned, may be altered to that of imprison- ment in the debtors’ prison. — That your Petitioners do not petition for any amelioration further than as before stated. And your petitioners as in duty bound. will ever pray, etc., ete., ete, Alfred Wilkinson. ‘R. Muirhead Reddie. Henry Rutter. G. J. MacKenzie. D. M. MacKenzie. H. M. Beckwith. G. A. Weiner. J. Jardine. J.C. Bowring., A. Fletcher. John Dent. P. Campbell. J. Rickett. Robert S. Walker. Victoria, 29th September, 1859. * The stench in the cell was said to be unbearable, attacks from rats, moreover. rendering sleep impossible, : ; MR. TARRANT REMOVED TO THE COMMON GAOL. 619 This application was refused, the Governor regretting that “it Chap. XXIX. was beyond his power to comply with the petition, and that when it had been brought to his notice that ramours were abroad to the effect that William Tarrant was illegally treated, His Excellency had requested the visiting Justices for the week to make inquiry and furnish a report,”’-—a copy of which he now forwarded for the information of the petitioners who, the Governor thought, would “be glad to learn that they had been misinformed as to the facts of the case.” The following was the minute of the visiting. Justices before alluded to :—_ » MINUTE. \ Mr. Mercer and Mr, Lyall, the visiting Justives for the eurrent week, paid a visit of inspection to the Gaol this day, accompanied by Dr. Murray, Colo- nial Surgeon, and, in accordance with the desire of His Excelleney the Governor, made inquiry into an alleged grievance or complaint, touching the imprisonment of William Tarrant, under sentence for libel. Tarrant was admitted into prison on Wednesday, the 2ist, and was place that night in a cell with four others, three of whom were light sentence men, and the other a deserter from Her Majesty’s Navy. The Colonial Surgeon, on Thursday morning, 22ud instant, found Tarrant in a state of excitement, and removed him to the hospital, where he still re- mains. a It is manifestly impossible—it would be positively indecent, and inhuman, to admit distinction or classification .of crime in hospital, the comforts of which must be shared alike by felon and’ misdemeanant, when in a state of sickness. William Tarrant therefore being in hospital has no grievance on the score of confinement with felons, and this was the only complaint made by him, when the visiting Justices questioned him. The only period then of his imprisonment which affeets this inquiry, is the night of his admission into Gaol, when he was placed with four others, one of whom, the deserter, might possibly not have been there, had the Gaol accommodation permitted otherwise. But until the Gaol, extension, already commenced shall Le completed, the classification of prisoners, contemplated by the Gaol Regulations eannot be fully carried out, and the body of Justices in revising the regulations per- ceived this, and took especial care to legalize the neglect of classification ; by directing that such classification should be made so fur as the Gaol accommodation permitted. If desertion be felony Mr. Scott, the Gaol Governor, seems to have been unaware that it is so, but notwithstanding this there was nothing illegal in Tarrant’s confinement on the night in question, nor did the visiting Justices understand the prisoner to make this a grievance, further than some annoy- ance which he represented himself to have suffered from rats. Dr. Murray says that he placed Tarrant in hospital ont of kindness to him, admits that with the best intention he stretched his authority, and pronounces Tarrant in perfect health, and with no claim in strictness to hospital | privi- leges. Under these circumstances the visiting Justices have no alternative but to direct that Wm. Tarrant be placed in that part of the Gaol to which his sen- tence consigns him. 1859, The Gov- ernor's refusal, His admis- sion that he had requested the visiting Justices to make inquiry and report. The minute of the visiting Justices. 620 Chap. XCXLA. 1859, The Justices’ recommenda- tion as to Mr. Tarrant. Agitation begun. The abomin- able condition of the Gaol. Meeting of the Legislative Council. The condem- nation of the Gaol by Mr. Adams, the acting Chief dustice. The Gov- ernot’s reply. Meeting of the Justices of the Peace. Amendment of regulations affecting misdemean- ants, Mr. Tarrant at liberty HISTORY OF THE LAWS, ETC., OF HONGKONG. Mr. Scott is therefore desired to set apart the upper portion of the block known as building C. for European misdemeanants and remove -“Larrant thither, unless His Excellency the Governor shall direct otherwise after perusal of this report. ' This will keep Win. Tabet entirely separate from felons, and plage shim with offenders of his class. His removal to the Debtors’ Prison, which has been aah als suggested, cannot be considered by the visiting Justices, as it is certainly not ‘within their province to interfere with the character of a judicial sentence. W. T. Mancer, '¢ Justices of the Peace for the Gro. Lyatt, C LO. olony of Hongkong. Tuos. C. Leszin,* j y oes The Governor, not considering himself entitled to modify, i in other words refusing to interfere with, the sentence passed upon Mr. Tarrant, the latter was, in accordance with the recommen: dation of the visiting Justices headed by Mr. Mercer, the Colo- nial Secretary, ‘ placed i in that part of the Gaol to ‘which his sentence consigned him.” But agitation now began earnestly both in and out of the Colony, and matters were not to be left where they were. The abominable condition of the Gaol came in for severe criticism. At a meeting of the Legislative Council held on the 9th November, the acting Chief J ustice, Mr. Adams, who had passed sentence upon J ‘Mr. T Tarrant, inquired “if anything could be done to expedite the enlargement of the Gaol. ‘He had exa- mined the Gaol and thought of all the buildings of the kind he had ever seen, ¢ was the least fitted for the purpose for which it was intended. It was certainly well fitted for inflicting punish- ment on the prisoners confined ‘there, but not so as “regarded the more important point of reformation.” The Governor re- plied “ that it was scarcely possible to hurry on the building more than was being done, and that the Surveyor- General was supplied with all the funds which he could employ for the pur- pose.” Remonstrances, however, were not altogether made in vain. a Ata meeting of the Justices of the Peace held on the 16th November the Gaol regulations affecting misdemeanants were amended, and Mr. Mercer backed out of the false position in which he had placed himself. Misdemeanants were subdivided into two classes, and those convicted of libel were ‘“‘not to be compelled to do more work than the ordinary prison work ne- cessary for the presery vation of the cleanliness and comfort of their rooms or cells,” and Mr. ‘Tarrant was at liberty to receive * 1t will be noticed that Mr. Leslic’s name: is not mentioned at the commencement of this minute, THE SECRETARY OF STATE ON MR. TARRANT’S CASE. 621 and send out letters without these being inspected by the Gov- Chap. XXIX, ernor of the Gaol. So far this was an ‘amelioration | in his con- dition, and Sir Hercules Robinson was taken ¢o task for allow- ing himself to be overruled by “the pernicious: social clique” in “Hongkong, and undoubtedly ajust regard for the prerogative of the Executive might have been exercised without any com- promise of dignity and as affording an-opportunity of initiating His Excellency’s administration w “ith some degree of éclat ; and the imputation of yielding to the 7 pressure of public cpinion or of the press could have been avoided. Mr. Tarrant’s sentence and treatment were taken up. not ouly by Colonial and Indian papers but the press in England also took the matter up warmly, and it was eventuplly bro Sught before Parliament. wy Ege : aa The uitention of the Bria ot State ‘had: also been called not only to the severe sentence passed upon Mr. Tarrant, but to the effect it would most. likely have on his health , considering the state of the Gaol. , ee hile. approving of the Governor's attitude and directing’ the - Governor’s attention to the fact that “the society of Hongkong must be protected from the reckless libels which had so long poisoned the very atmosphere of the Colony,” the Duke’ of Newcastle directed the removal of Mr. Tarrant to the debtor's gaol and suggested for consideration that half of the sentence should be remitted. The following despatch of the Secretary of State on the subject will be found of interest -— Downing Street, 22nd Ee aveh 1859, Sir, With refereuce to your Despateh, No. 11, of the 27th Geneainiben, reporting the trial of Mr. Tarrant for a libel on Ligntenant- -Colonel Caine, and the senteuce passed on him, I have to inform you that representations have been made to me in this country from various quarters, some of them eutitled to consideration, to the effect that Mr. Tarrant’s health is likely to suffer mate- rially by his confinement in his present custody. T have no ground for casting auy doubt on the justice of the verdict or al the sentence, or of your own conduct in persevering (as you are reported to have done) in the performance of what you must have felt as a painful duty, that of resisting the applications of those who have sought for a mitigation of the punishment from yourself. But if there should be real and serious danger tu the health of the prisoner, I wish you (unless, as is possible, you have in such case anticipated my wish) to have him transferred at once, to the debtor’s s gaol. And if there be uo gach apparent danger to his health, I still think, regard being had to the general rule of punishment for offenders of this desc ‘ription, that 1 uo detriment to justice will arise from his being removed to the debtor's gaol as soon as oue half of the term of his séntence “has seplrol that is, in the course of March next. 1859. to receive > and send out letters, Sir H. Robin- son taken to task, The Colonial, Indian, and Home press’ on Mr, Tar- rant’s sentence and treatment, The Se- cretary of State approached. The Duke of Newcastle suggests removal of Mr. Tarrant to the debtor's gaol or remission of sentence. The despateh, 622 Chap. XXIX. 1859. Mr. Edwin James brings Mr. Tarrant’s case before Parliament. Mr. C. Fortescue ‘¥ in reply. ‘A system of libel carried to a great height in Hongkong.’ After under- going six months’ imprison- ment Mr. Tarrant is released. The fine of £50 paid by subscription. On his release from the Criminal Gaol, Mr. Tarrant is immediately confined in debtor's prison for costs due to Dr. Bridges. HISTORY OF “'HE LAWS, ETC., OF HONGKONG. It-has been urged upon me by some, who disavow the slightest sympathy with Mr. Tarrant’s writings and conduct, that the latter half of his sentance should be altogether remitted, and that he should be discharged from prisor before the commencement of the hot season. I must leave to your discretion and loeal information how far such an act of leniency could safely be extend. ed, feeling sure that on the one hand you will not suffer any vindictive influences to weigh against the prisoner, and on the other, that you will bear in mind that the society of Hongkong must be protected from the reckless libels which have so long’ poisoned the very atmosphere of the Colony. I have, ete., a (Signed) NEWCASTLE. Governor Sir H, Ropinson. Shortly after, Mr. Edwin James brought Mr. Tarrant’s case before the House of Commons, when Mr. C. Fortescue said “that Mr. Tarrant had been treated with every possible leniency. and the rules of the Gaol had been altered in his favour. It was true that the Gaol was one which urgently required impro- vement, but that this was going on. The exercise of the discretion of the Governor was very difficult in the case of a system of libels, which had been carried to a great height in Hongkong, but directions had heen sent out to adopt any course of remission of the sentence of Mr. Tarrant which was considered advisable.” The reference here was no doubt to the despatch reproduced above. On the 20th March, 1860, after underguing exactly six months’ imprisonment, Sir Hercules Robinson remitted the remaining other half of the sentence of imprisonment against Mr. Tarrant, though the other portion of the sentence inflicting a fine of £50 was exacted, This remission of part of the sentence of imprisonment was due, no doubt, to the sugges: tion of the Secretary of State, the acting Chief Justice, Mr. Adams. having, moreover, stated that had he known of the condition o: the Gaol at the time, he would not have passed such a heavy sentence. But Mr. Tarrant’s troubles were far from being at an end ; o1 the contrary, they were but just beginning again, Tor, on his being released from the Criminal Gaol, the fine of £50. imposed upor him, having been paid by subscription, Mr. Tarrant was imme: diately removed to the debtor’s prison for costs due to Dr. Bridges consequent upon his trial, and contined in a room ‘twelve fee! square’ with two sailors, one Irish and the other a Swede! A Justice of the Peace who called to see him, upon remonstrating with the Governor of the Gaol, was told that Messrs. Mercer anc Lyall were the visiting Justices that day and he should be guidec by them in the matter. Mr. Tarrant was, of course, not in : position to meet the heavy costs taxed against him, whicl amounted to $2,263. MR. TARRANT RE-JMPRISONED FOR DR. BRIDGES’ COSTS. 623 Dr. Bridges was now the real complainant, and he, Shylock- chap. XXIX. like, thirsting for his pound of flesh, felt.that his chance had come, and determined upon enjoying it to the full. Colonel Caine had engaged the whole Bar against Mr. Tarrant,* and had won his ‘victory ;’ it was now Dr. Bridges turn to have his ‘shot’ at Mr. Tarrant for past ‘attacks.’ The following is taken from the writ issued by Dr. Bridges against Mr. Tarrant’s chattels :— Victoria, ete. To the Sheriff, ete. We command, ete., goods and chattels of William Tarrant cause to be made $2,263 which William Hastings Alex- ander, Esquire, the master of the Crown Office in and for the said Colony who prosecuted for ourself in this behalf lately ete., together with twelve per cent. from 29th September, 1859, and have etc. to be rendered to William Hastings Alexander, the master of the Crown Office, and that ete. Witness W. H. Adams, the 15th February in the 23rd year, ete. (Signed). N. R. Masson, : Deputy Registrar. This writ was issued by W. T. Bridges. Levy $2,263, ete., besides $3 for the costs. yo “ee Te Months went by and Mr. Tarrant lay in prison under this attachment. During that time he corresponded with several lawyers and also with the Government, endeavouring to arrange the preliminaries of an appeal to the Privy Council. Before this his property had been seized and sold by the Sheriff at public auction. His arrangements for starting his paper again were frustrated. He lodged an appeal to the Queen against the enormous amount of the costs, offering to find security for his appearance when the same should be decided ; this was also refused. Representations were again made to the Home Government by Mr. Tarrant as to his renew- ed ill-treatment in Hongkong, and in a despatch dated the 21st June, 1860, a representative of Mr. Tarrant’s in England was informed that the Duke of Newcastle “‘ had not yet received any despatch from the Governor of Hongkong respecting the com- plaint forwarded by Mr. Tarrant. His Grace had no doubt that the Governor would exercise a proper discretion on the subject of Mr. Tarrant’s complaints, but will be prepared to address a despatch to the Governor, recalling his attention to the case,” — evidently in ignorance of the fact that Mr. Tarrant was now * Apart from the amalgamation of the two professions which existed at this period, the Bar then consisted of Mr. Green, acting Attorney-General, Dr. Bridges, Mr. Kingsmill, and Mr. Pollard. Myr. ‘Kingsmill does not appear to have taken any active part in the case against Mr., Tarrant, but he too apparently had becn retained on behalf of Colonel Caine. See the acting Chief Justice’s speech in the Legislative Council on the 17th Nov- ember, 1860, on the passing of Ordinance No. 16 of 1860, relating to the. Press, and to the disapproval he expressed at the whole Bar being retained by a prosecutor in a Hhel case— Chap, Xxxt., infra, - 1859. Dr. Bridges, ‘ Shylock- like, thirsting for his pound of flesh,’ Colonel Caine had engaged the whole bar against Mr. Tarrant. Dr, Bridges’ turn to ‘go’ for Mr. Tarrant. The writ against Mr, Tarrant’s chattels, Mr. Tarrant lay months in prison aunder the attachment, His endea- vour to appeal to the Privy Council. His property seized and sold, Appeal to the Queen against the enormous costs, Representa- tions to . Secretary of State as to renewed ill-treatment of Mr. Tar- rant, The Duke of Newcastle's reply. 624 Chap. XXX. 1859, Vindictive- ness of Colonel Caine and Dr. Bridges. Dr. Bridges’ admission. The public decide to’ stand by Mr, Tarrant. A public subscription raised on his behalf. Incarcerated for over four months for Dr, Bridges’ ‘little bill.’ Mr. Tarrant’s treatment, A stigma upon the administra- tion of Sir H, Robinson, HISTORY OF. THE LAWS, ETC., OF HONGKONG. being detained in prison on a question of costs. for which Colo nel Caine and Dr. Bridges alone were responsible: This illus trated most conclusively that the incarceration of Mr. Tarran was entirely an affair between Colonel Caine and Dr. Bridges and simply indulged in for the gratification of the vindictiveness of the latter, if not of both. In fact, Dr. Bridges‘ acknowledgec that: he had not incarcerated Mr. Tarrant for'the sake of making him pay a just debt, and that money was no object if ulterion motives be obtained. He stated he would give the money to the charities if the costs were paid, and subsequently offered to forg: the entire amount if Mr. Tarrant would quit the Colony ; and Mr Tarrant, in reply, on the other: hand offered to allow all matters between Dr. Bridges and himself to drop, if the latter would leave the Colony ard never return toit. Dr. Bridges, being obdurate in his determination to keep Mr. Tarrant in Gaoland seeing the cause which had overthrown him, and Mr. Tarrant the contemp- tible conduct of his oppressors who had had their innings te their hearts’ desire, the public, moved to pity, decided to stand by Mr. Tarrant and again accorded him that support. which will ever recoil on those who may be said to have forfeited all consideration, from the petty |spite they so shamefully in. dulged in. a ae On Saturday evening, the 4th August, 1860, Mr. Tarrant was released from Gaol, having met Dr. Bridges’ bill of costs fully, by a public subscription raised in his behalf. Bat for this public demonstration Mr. Tarrant would have remained in prison for a considerable time longer—as it is he had been incarcerated ‘for over four months on account of Dr. Bridges’ ‘little’ bill of costs, repeatedly denounced locally as “extortionate.” t “Mr. Tarrant’s treatment was entirely characterized by injus- tice at first, partly for the sake of example, and afterwards by spoliation and vengeance. He was first crippled by criminal juris- prudence and then swamped: with debt by civil process with in- terest piled at twelve per cent. per annum from the date almost of his incarceration which the acting Chief Justice and Jury in vain attempted to alleviate, the bill of costs, moreover, having been considerably reduced on revision. So ended this scanda- lous affair which not unnaturally cast a stigma upon the.adminis- tration of Sir Hercules Robinson at its very commencement. As Colonel Caine was in reality. Dr. Bridges’ debtor for the costs, and as-2 considerable portion of them were fees of counsel earned by Dr. Bridges’ coadjutor in the,case, it would appear as if Dr. Bridges had assumed the debt, simply for the purpose of wreaking his vengeance. ; E MR. TARRANT’S CAREER AND DEATH. 625 On his discharge from prison, Mr. Tarrant, meeting with Chap. XXIX. sympathetic friends, was able to start afresh in his old pursuits, but his chequered career was not of much longer duration in the Colony.* : * Mr. Tarrant died in London on the 26th January, 1872, and the following obituary notice, taken from a local paper of the time, cannot fail to prove interesting :—* We regret to observe, in Zhe Londonand China Express, an obituary notice of Mr. William Tarrant, well known as editor of The Friend of China newspaper. We believe few will hear of his death without regret, as even those who disagreed with a portion of what he wrote must adinit that he was actuated by fair motives, though he was somewhat embittered by the sense of wrong suffered in‘his earlier years.” Lhe London and China Mxpress con- tained the following notice :— “Few persons have passed through a more eventful carcer than William Tarrant, who died in London on the 26th January. Arriving in China in 1837, he was for a few years in the coasting trade. On the cession of Hongkong he ob- tained an appointment under Government in the Land Office, and superintended the cutting of that well known pass into the Wong-nei-chong Valley, and many other of the early roads and works of -Hongkong. From this he passed to the office of Registrar of Deeds, including the drawing up of the leases and superintendence of sales of Crown lands in the town, at that time very onerous work. He was a most faithful and indefatigable servant of the Crown, and much appreciate! by his superiors. His career of usefulness in this way was cut short in 1847, by his denunciations of the conduct of the late Colonel Caine,—then Colonial Secretary,— in certain transactions with the Chinese in the farming out of market licences, in which Mr, Tarrant asserted that bribery had been accepted by this official. He was arraigned before the Supreme Court for conspiracy and dismissed from the Government service. He then. with aid of friends, purchased Zhe Friend oj China newspaper, which he conducted in Hongkong up to 1859, when he was sentenced to twelve months’ imprisonment in a libel case against the same Colonel Caine. Shortly after he removed his paper to Canton, and in 1862 to Shanghai. In 1869 he sold The Friend of China, which shortly afterwards succumbed. He arrived in London in 1870, -much debilitated, and has suffered more or less since to the time of his death.” Ata mecting of subscribers to and persons interested in the City Hall, Hongkong, on the 26th August, 1872, it was announced that the late Mr, Tarrant had bequeathed to the City Hall Library, a complete file of The Mriend of China which was then in transitu from England. Mr. Tarrant, it may be added, was also the author of an Index to the Ordi- nances of Hongkong (ante Chap. X11. § 1., p. 280) and of a small book called ‘ 7he Karly History of Hongkong, to the close of 1844, published in Canton in 1862, and which contained a series of articles reproduced from The Friend of China. 1859. Mr. Tarrant and The Friend of China revived. Mr, Tarrant’s death. ih, SNS 1 Departure of Colonel Caine, Tis career, a> bo os CHAPTER XAN. 1859-1860. SECTION I. 1859. Departure of Colonel Caine.— His career.—Complimentary addresses from Chinese and Indians.—The Jilustrated London News on the mirror which the Chinese presented to Colonel Caine.—Remarkable coincidence on the departure of Colonel Caine.—Chief Justice dfulme in 1847, fighting a libellous charge against him by Governor Davis aided by Colonel (then Major) Caine.—Colonel Caine’s pension and death.—Notification regarding the admission of persons within the Bar of the Court and the arrangement of seats.—Order of Court ve writs of capias ad respondendum and rules to be observed in the drawing of a special jury in civil cases.—Resignation of Mr. Green. acting Attorney-General, through ill-health.—Mr. Kingsmill gazettcd to act.—Dr. Bridges no longer eligible for Govern- ment employment.—Conviction of P. S. Kelly for extortion.—Increase of pay to the Registrar and Deputy Registrar of the Supreme Court, and to the Crown Solicitor. SECTION II. 1860. Mr. Kingsmill, acting Attorney-General, objects to Mr. Hazeland appearing as counse) in a ease wherein his partner, Mr. Cooper-Turner, was the attorney.—Ordinance No. 12 of 1858, s. 3.—The acting Chief Justice upon the point.—Removal of Chief Magistrate’s Conrt pending repairs.—The Magistracy at the present day described.— Order of the Queen in Council providing for the exercise of jurisdiction over British subjects in Japan.—Act 6 and 7 Vict. cv. 94.— Order of the acting Chief Justice that Cause List be gone through in regular order. CononeEL Caine, whose sinecure appointment as Lieutenant-Gov- ernor was abolished upon the separation of the Superintendency of Trade from the Governorship of Hongkong on the arrival of Sir Hercules Robinson, and who had put off his departure in order to prosecute Mr. Tarrant for his old and oft-repeated personal attacks, took his tinal fe eee from Hongkong for Lingland on the 28th September. 1859, by the P. & O. Steamer Singapore. He was born in India, and had begun his career there as a boy in 1804, when Lord Lake was fighting with Hol- kar, and ere the Mahratta country, the North-West Provinces, Gujerat, and, in fact, the greater part of our present possessions in India had fallen under British power. Mention has before heen made in this work of his military services in India,*® where he served with distinction either on the staff, or immediately under the eyes of several of the most distinguished General officers who there held commands. When he first came to * See ante Chap, 111. § T1., p. 112. CAREER OF COLONEL: CAINE. : 627 Hongkong in 1841, there were only a line of matsheds along vn. xxx §1, the beach where Queen’s Road now is, and a few huts in the place occupied at the time of his departure “by the garden of Messrs. Dent and Co.,” and on the fir st occupation of the island he lived in.a matshed.* 1859, As Chief Magistrate, Colonel Caine adopted a very decided military line of action and made his name respected, if not feared, among the Chinese. Sir Henry Pottinger, writing to. the Duke of Wellington on his behalf, offered ‘the strongest testimony to his unceasing zeal and laborious ex- ertions combined: with great judgment. Up to the conclu- sion of the war, the safety and well-being of Her Majesty's subjects, who had located themselves on the island, were mainly owing to ‘his individual efforts and example.” Sir Jobn Davis, in 1846, made -him Colonial Secretary in succession to Mr. Bruce, and on going to Canton in 1847 left him as Comman- dant and. acting Governor. He held the Colonial Sccretaryship till April. 1854, when he was appointed Lieutenant-Governor, from which time he had almost nothing to do, though undoubt- edly Sir John Bowring had found his experience and advice on most occasions of considerable value. Of his private life and many other facts in relation to him—allegations as to which were made when he was in office and which were never contradicted —the less said the better, especially having regard to the un- doubted good which he in many ways did to Hongkong in the Compti- earlier days of his career, and both for his own sake and for et auldresses that of the Colony, quite apart from the infirmities of years fom, . ° . ‘ 2 . . mese which had now crept in, it was well. that his connexion with gna tdians. Hongkong was now severed. Before leavinz, the inevitable rie mus. complimentary addresses were presented to him by the Chinese fate? and Indians of the place. In alluding to this in its number of the on the mirror 14th April, 1860, The INustrated London News also gave an en- yich the graving of the mirror which his Chinese friends had presented to presented Colonel Caine, “for whom,” added the Journal, “no doubt he Qcoen" had done many a good turn—(sic), words which, it may be add- ed, did not fail to be wrongly construed locally. A remarkable coincidence on the departure of Colonel Caine, Bopaeaalihs which one cannot help noticing at this stage, was the similarity ae of his position when compared with that of Chief Justice Hulme departure of in December, 1847, leaving for England there to fight a libellous Caine. charge which had been brought against him by Governor Be sh Sp eanich L f os * See also note to Chap, U1 § ML, p. 118, infra. » For purposes of record in this vespect, the reader is referved to The Hongkong Daily Press of the 10th February, 1860; 8rd July, 1861, aul 17h June, 1863; Lhe Friend of China, 9th November, 1861, p. 696 ; Zhe Karly Ifistory of Hongkong, W. Tarrant, 182, p, 12. 628 Ch. XXX § 1 1859. Chief Justice Hulme in 1847, fighting a libellous charge against him by Governor Davis aided by Colonel (then Major) Caine. Colonel Caine’s pension and death, Notification regarding the admission of persons within the Bar of the Court and the arrangement of seats, HISTORY OF THE LAWS, ETC., OF HONGKONG. Davis under scandalous circumstances aided and abetted by Colonel (then Major) Caine. Fate is truly singular in some things, and this was never more exemplified than in this case. Although the unfortunate Chief Justice had to proceed Home to clear himself of the libel, the sting of the charges of which Colonel Caine had cleared himself in Hongkong still remained in England, where Mr. Anstey, in his animosity to Colonel Caine, had not failed in his pamphlet on “ Crime and Govern- ment at Hongkong,” as well as in speeches, to vilify Colonel Caine in regard to those very accusations of Mr. Tarrant, and as to which a local journal, while commenting upon the result of the case against the latter, said that ‘a jury had gone out. of their way by acquitting him, on leaving, of the charges laid at his door for years, although they saw that his opponent had all the Bar retained against him, and although they knew that the barrister who acted as the Colonel’s counsel was actuated by pure animosity against the said opponent.” Concluding, the paper added, ‘the result was an outrage for which the society of this Colony is responsible.” On his retirement, Colonel Caine was allowed the splendid pension of £2,250 per annum (due probably to the abolition of his office) he living many years to enjoy it. He died at the end of 1871.* : 4 The following notification, regarding the admission of persons within the Bar of the Court and the disposal and arrangement of seats in the body of the Court, was published on the 5th Nov- ember, 1859, and, taken in connexion with the board mentioned in January, 1852, will be found of interest :— NOTIFICATION. In consequence of the great inconvenience and noise caused by persons crowding the space within the Bar of the Court, it is necessary to notify to the public, that it is the intention of the Court to insist upon the observance of the Rules regarding the admission of persons within the Bar, and which rules are as follows, viz.:—That no person has any right of entry within the Bar except the members of the Legal Profession, Members of Council, Jus- tices of the Peace, Reporters for the Press, and parties in the cause, who-are to enter by the stairs at the right-hand corner to the hall of the Court House— the Judge’s private entrance being at the left-hand corner. Any person, not entitled to enter within the Bar and wishing to do so, should send in his card (or name) for submission to the Chief Justice. . The chairs on the raised platforms in the body of the Court are for the use vf the European, and benches in the centre for the native, community. By Order of the Court, W. H. ALEXANDER, Registrar. * Colonel Caine dicd.on the 19th September, 1871, at the age of seventy-three. He had for some time previously been attacked with paralysis, : + See Anté Chap. x11, § III., p. 319. LAW PARTNERSHIPS, 629 An order of Court dated the 14th November, relative to writs ch. XxX §1. of capias ad respondendum and rules to be observed in the draw- jay ing of a special jury in civil cases, was passed by the Legislative order of Council on the 21st of the same month and published on the Com’? ; writs of 26th. capias ad : responden- 7 : dum and Mr. Green, the acting Attorney-General, now found himself rules to be ‘ fees aaa v4) observed compelled to resign his high position in consequence of ill- inthe. health.* Indeed, at the time of his appointment in September, zawing of a 1858,f it was thought that he was not in a fit state of health to San ads hold office long. He, however, during his tenure of office, did Resignation much credit.to himself and had as recently as the 12th Novem- oft Gree» ber, 1859, been gazetted to the Executive Council. In conse- Attorney- quence of his resignation, Mr Kingsmill was, on the 16th Toe December, gazetted in his stead, with a seat in the Legislative ill-health. Council, Dr. Bridges evidently being no longer considered eligi- M. | _. ble for Government employment. 7 ; gasetie / to act. At the Criminal Sessions held on the 19th December, Wil- eel liam Kelly, a Police Sergeant, charged with extorting fifty cligible for < z ao G in dollars, was sentenced to two years’ imprisonment with hard gmployment. labour. Conviction of P. 8. Kelly for On the 21st November the Legislative Council considered extortion. applications from both the Registrar of the Supreme Court and nee the Crown Solicitor for increases of salary. The former drew Revistrar. £600 a year, while the latter was in receipt of £150 per annum. and Deputy . . . . . > C@istra. The official and unofficial members of Council considered the cf the Registrar’s pay inadequate, and on the 26th December, the Supreme Rots : ‘ Court, and committee on the Estimates recommended that the Reeistrar’s to the Crown oO salary be increased to £800 per annum ; that of the Deputy Solicitor Registrar to £450 ; and that of the Crown Solicitor to £300. Uh. XXX $1, On the 3rd January, 1860, on a case which had been set down ,, 1860. : . s 1 vi >» Mr. King- for trial being called on, the acting Attorney-General, Mr. Kings- smili, acting mill, addressing the acting Chief Justice, said he had to call His Attorney: Lordsbip’s attention to the fact that Mr. Hazeland, who appear- jects to Mr. ed for the defendant, was the partner of Mr. Cooper-Turner, the ke 2 attorney in the cause, and therefore was ineligible to act as counsel ina advocate in the case, the language of section 3 of Ordinance No. ee 12 of 1858 being perfectly clear upon the point.{ Mr, Pollard, Mr. Cooper- counsel for the plaintiff, remarked that on the previous day he oo had rather incautiously promised that he would not. object to ordinance No, 12 of * Sce his death noticed in Vol. 11., Chap. XXXVI. 1858, s, 3. + Anté Chap. XxIV., p. 539, } Section 3 ...... “ And no attorney having a law partner shall be allowed to act as barrister in any matter where himself or his said partner is, or shall be, retained or acting as attorney.” : ‘ 630 Ch.XXX§IL 1860. The acting Chief Justice upon the point. Removal of Chic£ Magis- trate’s Court pending re- pairs. . The Magis- tracy at the present day- described. HISTORY OF THE LAWS, ETC., OF HONGKONG. Mr. Hlazeland appearing, but at that time the section to which the acting Attorney-General now referred did not occur to him. Mr. Hazeland applied to His Lordship to. adjourn the case to enable him to instruct counsel. Mr. Pollard said he was quite prepared to go on and that the other side should have known that it was their duty to obtain counsel. The acting Chief Justice said he thought it would be unfair to force on the case under the circumstances, as Mr. Pollard had himself led Mr. Hazeland to believe that no objection would be made to his appearing as advocate. His Lordship said there had been faults on both sides, and he should therefore postpone the hearing of the case until the 7th January. The defendant was ordered to pay the costs of the professional attendance and of the jury, the other costs being costs in the cause. The acting Chief Justice further remarked that the acting Attorney-General had done no more than his duty in making the objection and had done it in a very proper manner. In reference to the Magistrates’ Courts referred to in April, 1859, and the intention of the Government to pull them down and re-build them,* the Chief Magistrate’s Court, it is recorded, was at this time removed to the Harbour Master’s old office on the hill in order to’ allow the work to be carried out. As in the case of the Supreme Court ‘House, the Police Courts con- tinued to be a matter of complaint for a considerable time,f and it is interesting to note at this stage what was but recently said upon the subject by a local organ of public opinion} :— “ One does not need to be, fastidious in finding fault with the, wretched place in which the Police Magistrate of Hougkong exercises his functions. We feel pretty confident in saying that there is not a more wretehedly- lighted, ill-designed, and badly-ventilated Police Court in all the British colonies. he room is abominably dirty, the ceilings are festooned with cobwebs, and a fitting legend to place over the door of the place would be that which Dante described as adorning the portals of the nether regions. The dock is frequently crowded with prisoners, some in yéry advanced stages of disease and filthiness, and just about two feet away is the one solitary table that has to do duty for counsel, press, and police officers. 1t frequently happens that there is no room in the dock for all the day’s prisoners and then the “overflow congregation” is jammed in between the dock rails and the backs of the chairs of the solicitors and reporters. ‘The close proximity of, say, tweuty or thirty people taken from a fantan “school” is not a comfort- ing thing and several men of. law have goue to much inconvenience rather than endure the coutiguity. Then ‘also there is the dense throng of, Chingse that fill the rear part of the room. They are generally idlers of the coolie class who come to kill time, and many of them bring lond and unpleasant evidence of pulmonary troubles. In hot weather when an interesting case * See anté Chap. XXVI., p. 588, {+ Sce ante Chap. XL, p. 237, ‘ ig Tt Lhe Hongkong Telegraph, 9th March, 1898, ORDER OF COURT AS TO CAUSE LIST. 631 (from a Chinese point of view) is in progress the atmosphere of the place Ch.XXX§ II, gives a suggestion of the “Middle Passage” in a slaver and the constant = hawking and expectorating is really sickening. In winter things are not Bn much better and the draughts that swecp through it have given many a cold. Indeed, one of the worthy occupants of the Bench one day lately was quite voiceless and at other times he has had to dispense justice with his hat on owing to the draught. It is a common thing to see the gas alight during the forenoon in winter and generally the present Police Court seems as badly adapted for its purposes as it can possibly be....... 2 On the 23rd January an Order was passed by the Queen-in- Order of the Council repealing the previous Order of the 3rd March, 1859, eee providing for the exercise of Jurisdiction over British Subjects viding for the in Japan under the Act 6 and 7 Vict. c. 94. This Order, S2ysaiction however, was not promulgated in the Colony till the 11th May over British of the following vear, 1861. The above-mentioned Order-in- Ta sa Council of the 23rd January, 1860, was itself, however, subse- Act 6 and 7 quently amended by a further Order of the 4th February, 1861, Vict ° %: and published in the Colony on the 26th April cf the same year. The Court opened on the summary side as customary at ten Order of the o'clock on Friday morning, the 3rd February, but, as usual the sctine Chet parties interested were not in attendance and for some time Cause List there was no business with which the Court could proceed. The See & acting Chief Justice then observed that in future he should go regularorder. through the Cause List in regular order, at the time appointed, and that in every case in which the plaintiff and his witnesses did not appear he would strike out the cause, or, if the defendant and his witnesses did not appear, he would proceed with the case as.an undefended action.* * Upon this point see also ante Chap, XVIT. § 1. p. 398. 632 CHAPTER XXXI. 186). A buceaneering raid.—Trial of Tam Achoy, Captain Baker, and others for fitting out the Sir Jamsetjce Jecjeebhoy to commit hostilities against the subjects of the. Emperor of China.—The facts.—Hakhkas and Punti.—Yeh’s detestable cruelty.—T'am Achoy’s native place.—The Hukkhas victorious.—The Punti appeal to the local Government.—-The aim of the expedition.--Chow Achoon made a stronghold.—Mr. Caldwell and other officers of Government answerable for the blood-wreaking vengeance.—Defendants plead guilty. —Affidavit of defendants in mitigation of punishment.—Mr. Caldwell’s affidavit.-- De- fendants bound over to appear for judgment when called upon.—The acting Chief Justice’s decision.—English law in Hongkong.—The raid not conducted in an underhand manner, Before starting on the expedition Tam Achoy consulted the Government,—-How far the affidavits affected Government.—The acting Chief Justice’s refusal to allow copies of the affidavits to be taken,—Advantage taken to draw again the attention’ of the Home Gov- ernment and Parliament to the affairs of Hongkong.— Mr. Edwin James again moves House of Commons.—The petition to the House of Lords by the Newcastle Foreign Affairs Association.—The conlition of Hongkong twice brought before Parliament by the peti- tioners.—The Duke of Newcastle on the ‘transactions at Hongkong which reflected little credit on all the parties concerned.’--The petition of the Newcastle Foreign Affairs As- sociation.-Apathy of Home authorities relative to representations of Associations on Hongkong affairs.—The local support given to Mr, Caldwell.—The Duke of Newcastle in the House of Lords,—His instructions to Sir Hercules Robinson.—Inquiry into charges by Mr. Anstey. The Governor “cautioned against stirring up again all that mass of mud which encumbered society in Hongkong.”—The discussion in the House of Lords.—The Duke of Newcastle on what had been done to purify Hongkong.--Mutiny of prisoners in the Gaol.—The state of the Gaol_—The sentences of imprisonment passed in the Courts.— The disgusting state of affairs prevalent in the Gaol.—Myr. Hillier's account of the Gaol in 1855.—Unnatural crimes.—Robberies by fellow-prisoners.— Young criminals associated with hardened criminals.—The Reformatory started afterwards.— Mr, Hillier’s report on the Gaol—Mr. Lyall’s report in 1857.—The report of Messrs. Anstey and Rickett in 1858.—Kli Boggs, the American pirate, released from Gaol.—Cruelty in other forms in the Gaol.--Suspicious death of Lye Mooey Chie.—His body exhumed. —Had complained of illness and had been flogged.._No interpreter attached to the Gaol.—The verdict..-Ordinance No. 1 of 1860.—Departure of Mr. Mitchell, assistant and acting Chief Magistrate, on leavye.—Ordinance No. 2 of 1860.—Mr. Mitchell’s career reviewed—Mr, Alexander, Registrar, appointed acting Chief Magis- trate—Mr. May, Marshal of the Vice-Admiralty Court,--Departure of Mr. Parsons, solicitor—Mr. Pollard appointed his law agent.--Mr. Parson’s death.--Death of Mr. Newman, acting Harbour Master and Marine Magistrate._-Lieutenant Harris-acting.-- Lieutenant Thomsett, of the Princess Charlotte, acting.—Return of Mr. Inglis to duty.— Ordinance No. 4 of 1860.--Mr. Masson, Deputy Registrar, goes on leave.--Mr. F. 8. Huffam, acting Deputy Registrar--Mr. T. Turner, acting Clerk to the Chief Justice.— Return of Mr. Weatherhead from leave.—Acting Chief Justice Adams appointed a member of the Executive Council—An anomaly.—The Governor in need of a good ad- viser.— Departure of Major-General Van Straubenzec.~-Letters Patent of the 30th January, 1860, investing the Supreme Court with jurisdiction in civil suits originating in Japan.— Mr. Kingsmill as acting Attorney-Gencral.—Ordinance No. 7 of - 1860.—Ordinance No. 5 of 1858.—Credit for the introduction of Rules and Orders of Superior Courts at Westminster belonged to Mr. Anstey.—Ordinance No. 8 of 1860. Interpretation. Resignation of Mr. Dick, Chinese Interpreter to the Supreme Court.--Appointed interpreter to the Commissariat Department of the Expeditionary Forec,—Nothing yet done to inaugurate «a system of educating interpreters.—Re-introduction of Mr, Caldwell owing to his knowledge of Chinese.—Mr. Dick appointed Deputy Commis- sioner of Customs at Canton.—Ordinance No. 11 of 1860.—Complaints against the press being excluded from the Legislative Council.—Nothing being done towards promised inquiry into grievances.—The Governor and Mr. Adams believed the press detrimental to the well-being of Hongkong.—The scandal attached to the British Government in China.—Mr. Caldwell notorious throughout Asia.—Zhe London and China Telegraph and the “unalterably-infamous administration of Sir John Bowring,” Letter from the Foreign Affairs Association to the Duke of Neweastle.—l’rotest against Mr. MORE MALADMINISTRATION IN HONGKONG. 633 Anstey’s treatment as compared with that dealt out to Dr. Bridges and Mr, Cald- well.—The tribute paid to Mr. Anstey.—The attack made by Mr. Anstey against Dr. Bridges in the Caldwell Inquiry never résented or repudiated.—The renewed agitation the cause of immediate instructions being issued to institute an inquiry.—Mr. Caldwell’s name doomed to come up ever and anon.— Conviction of Sung A Hing for coolie-kidnap- ping.—Mr. Caldwell's name unfavourably mixed up.—He is charged by a local paper with extortion and perjury, and brings an action for libel against the editor.—Plea of justi- fication withdrawn by the editor.—Acting Chicf Justice implies that an inquiry is pend- ing into the conduet of Mr. Caldwell and others.—‘A tribunal where neither quirks nor “quibbles would be permitted.’—The Government Notification announcing inquiry into alleged abuses before the Governor-in-Executive Council.—The beginning of a new era.— The notification also published in Chinese. -Thirty-three more names added to the Com- mission of the Peace.—Departure, resignation, and death of Mr. J. Jardine, M.u.c.—Mr. A, Percival nominated, vice Mr. Jardine.—Mr, A. Fletcher, M.L.c., vice Mr. G. Lyall, re- signed. —Governor heretofore no power to remit penalties other than those due to the Crown.—Dr. Bridges’ bill of costs against Mr. Tarrant.—Ordinance No, 14 of 1860,--The press in the Legislative Council. Speeches of the Governor and Mr, Adams.—Mr. Adams confirmed as Chief Justice.—The Governor and Chief Justice acting under instruc- tions.—The Governor's speech. ‘The law of England was the law of the Colony from the time of its cession.’—The Chicf Justice’s speech —Ordinance No. 16 of 1860.—Mzr. Cald- well-or ‘ The Civil Service Abuses Inquiry.’—T'he members of the Committee.—Chief Jus- tice Hulme pensioned.—His career reviewed.— He was a very good Judge’.—His dilatori- ness.—Pending reforms in Hongkong probably induced the grant of the pension.—The pension.—Chief Justice Hulme’s ‘death.—Notitication of appointment of -Mr. Adams as Chief Justice.—-Salary of Chief Justice reduced.—Mr. Huffam, Clerk to the Chief Justice, vice Mr. Weathcrhead.—Chief Justice Adams goes to Shanghai on sick leave. —Comments on inadvisability of reducing the Chief Justice’s salary.—Jurisdiction over Consular Courts.—Chief Justice Hulme and Chief Justice Adams on the Court’s va¢ation.—The necessity for the appointment of a Puisne Judge—Dismissal of Mr. Clifton from the Shanghai Police Foree.—Mr. 'T. J. Callaghan appointed Chief Magistrate, vice Mr. Davies. ~—His arrival.—Conviction and execution of Abdullah for murder.—Convention and Treaty with China of the 26th June, 1858.—Murder by Chinese burglars of P.C. da Rocha and J. Maria —Perpetrators undetected.— Marriage of Chicf Justice Adamy’ eldest daughter.— Conclusion.—A uthor’s comments. Chap. XXX. A BUCCANEERING raid, destined further to engross the records 4 fee ee of maladministration and disorder in Hongkong is recorded at ing raid. this period and was deemed of sufficient importance for discus- sion in Parliament afterwards. At the Criminal Sessions held Tel of Tam on the 21st February Tam Achoy, a Chinaman, Captain Baker, Captain a British subject, and a number of other English and American Baker, and seamen were severally charged with misdemeanour in fitting fttingout the out the steamer Sir Jamsetjee Jeejeebhoy with intent to com- f/venntie mit hostilities against the persons and property of the subjects of commit hos- the Emperor of China. In other words, the parties had engaged fois te in a serious buccaneering expedition against _a Chinese village subjects of near Macao in which several Europeans and Chinese were killed, pe sil the facts in reference to which were as follows. The facts. When the rebels obtuined the upper hand in the province, of Zukkas and Kwangtung some seven years ago (being then only prevented gi . from taking Canton by the action of the Governor of this Co- lony and the British Admiral on the station), a large number of Hakkas, 7. ¢., strangers, banded themselves together and offered their services to the Provincial Government. These services were accepted and proved highly efficient. Upon the rebellion being crushed, however, these Hakkas would neither disarm nor disperse. They probably were refused their just aide. dues, or still more probably had cause to complain of Yeh’s ite cruelty. 634 HISTORY OF THE LAWS, ETC., OF HONGKONG. Chap. XXXL detestable cruelty. At all events they determined by force to 1360, dispossess the Punti, 7. e., children of the soil, of certain districts Tam Achoy'’s of which Yunping, Tam Achoy’s native place, was one, and native place. themselves become the owners and tillers of the soil. The probability was that the akkas were starving and, being driven to desperation, helped themselves to fuod—a proceeding which, of course, the Punt? resisted to the death. Under such a state of things, and considering the unrelent- ing cruelty and unscrupulous animosity of the Cantonese to their enemies, it could hardly be wondered at that war to the knife soon became the order of the day. The cnormities com- mitted by the Hakkas as described by the Punti were heart- rending, but, looking at this expedition of Tam Achoy, it would The Hakhas *PPe2r that much of the cold-blooded slaughter described was victorious, provoked by retaliation. The Hakkas were ultimately victorious The Punty 2OG overran Yunping as well as some adjoining: districts. In appealto Vain did the Punt: appeal to the local Government. The man- the local darins deemed the mattera faction fightand left it to be fought out. overnment, . _s : . soar More singular still, the Hakkas flew imperial ‘Tartar banners when they marched against their enemies. Having thus possessed them- selves of the country, they seem to have murdered or driven the Punti away, of course, retaining a number of the women for ransom or otherwise, and settling on the soil, tilling it and simply seeking quiet possession. Tam Achoy’s clan must have made themselves very inimical towards these marauding interlopers, as the village of which he was a native had been entirely destroyed by them some time previous and there could be no doubt. that many of Tam Achoy’s relatives had fallen by the hands of the Hakkas and very probably some females near akin to him were in their hands. His conduct therefore in equipping these ex- _peditions was perhaps manly and commendable, morally speak- ing, but the act of mercenaries who joined him in a political affair, which both the Chinese and British authorities had de- clined to notice was quite another matter. ‘The districts ravaged by the Hakkas were those from which the bulk of the Chinese who emigrated to California and Australia came. These men had raised a subscription among themselves, elect- ing Tam Achoy treasurer and manager. He selected the village of Chow Achoon as the object of attack, not because of any peculiar atrocities having been committed there, but because he thought it was accessible to artillery from the water, and could he attacked with success by foreign vessels. oe The aim of The aim of the expedition was therefore vengeance and the tin destruction of human life. The Hakkas proved to be Tartars, as DEFENDANTS’ PLEA IN THE BUCCANEERING RAID. 635 their banners’ proclaimed.’ To guard against pirates and to Caap. Xxx. provide themselves with a port on the coast, they had made sag, Chow Achoon a stronghold. It-being imperative that bucca- Chow neering, in whatever shape and for whatever cause, should be A%2 summarily stopped, the local authorities deemed it advisable to stronghold. take, up the matter, the more so as it was surmised that some of the officers of the Government. especially Mr. Caldwell, were bey Calinall . . . . ef al or mainly answerable for this piece of blood-wreaking vengeance, if oficers of not in countenancing it, at least in not stopping it. On being Government * "TS . Sswerabie arraigned, the defendants severally pleaded guilty of the misde- forthe blood- meanour with which they were charged, and in mitization of “te#king oO + o vengeance, punishment Tam Achoy, James Baker, and.Thomas Brasil hand- pefendants ed in the following affidavits from themselves and from Mr, plead guilty. Caldwell to the Chief Justice, which were duly read in open Afidavit of " Le J Court :— in mitiga- tion of In tHE Supreme Court or HonuKonea. punishment. The Queen v. Tam Achoy. The Queen v. James Baker. and The Queen v. James Baker and Thomas Brasil. We, Tam Achoy, of Victoria, Hongkong, Chinese trader, James Baker, master of the Steamer Jamsetjce Jeejeebhoy, and: Thomas Brasil, chief officer of the said vessel, the two latter make oath, and the said Tam Achoy, being a heathen, duly warned, do declare and say — And first we severally say— 1. That we have in entire ignorance committed a breach of the law, and had we been aware that we were violating the Foreign Enlistment Act or any other Act or Ordinance by the course of action we entered into with regard to the expedition against Chow Achoon, we would most certainly have desisted therefrom. . And I, Tam Aehoy, for myself say— 2. That Iam a native of Chong Hong, which is in the immediate neighbour- hood of Chow Achoon, and was requested by Chin Que Yon, the Imperial Mandarin residing at O-Fook, and having jurisdiction over Chow Achoon, Chong Hong, to charter a steam vessel to enable him the said Chin Que Yon to bring into subjection a tribe of Hakkas who had forcibly taken possession of Chow Achoon and were committing great ravages throughout the neigh- bouring country, and also to hire some foreigners in Hongkong to assist the said Chin Que Yon in such attempt: 3. That I had no idea of deriving any pecuniary or other benefit whatso- ever from the hiring of such steamer, or such foreigners as aforesaid, and not being aware that I was in any way offending against the law, and of my own knowledge being assured that much injury had been. caused to my uative place by the Hakkas in question, I co-operated.in hiring such steamer and such foreigners. J And we, James Baker and Thomas Brasil, for ourselves severally say — 4, That we took no part whatsoever in the transactions connected with the hiring of the said steamer, engaging the said foreigners or with the sub- sequent operations at Chow Achoon beyond continuing our avocations as 636 HISTORY OF THE LAWS, ETC., OF HONGKONG. Chap. XXXL. master and chief officer of the said steamer, which employ we have both 1860, Mr. Cald- well’s affidavit. held for some time, And we, the said Tam Achoy, James Baker, and Thomas Brasil, severally. further say— : 5. That as a proof of our not having wilfully broken the law, we allege that we had applied to the Government for the use of a gunboat to co-operate with the said steamer in the said operations and for leave to charter a steamer ; and that such application was made through the Registrar-General, and from the said Registrar-General an auswer was received to the effect that the Government could not interfere. : Sworn at the Supreme Court House, Victoria, Hongkong, this 2lst day of February, 1860, the deponent Tam Achoy having been duly warned by Thomas Dick, sworn Interpreter, to interpret in accordance with the Ordinance in that behalf, then declared | the contents of the above to be true. Before me JAMES BAKER. f Tromas Brasit. F. S. Hurram, A Commissioner, ete. The following was Mr. Caldwell’s affidavit :— In tne Supreme Court or Honexone. The Queen v. Tam Achoy. The Queen v. James Baker. and The Queen v. James Baker and Thomas Brasil. I, Daniel Richard Caldwell, of Victoria, Hongkong, Registrar-General, make oath and say— 1. That in the month of December last past, Achoong, P. & O. compra- dore, came to me and asked me whether he might charter the steamer Jamsetjee Jeejeebhoy, to Tam Achoy to go to Tsoo Choong to operate against the Hakkas. I informed the said Achoong that if it was a private matter it could not be done, but that it might be otherwise if he had the authority of the Chinese Government; and I stated that Tam Achoy must come and see me on the subject. Within a day or two after this Tam Achoy Waited on me and produced a written authority which 1 found from the seal to be from an officer of the Chinese Government, asking him to assist in operations against Hakkas at Chow Achoon. 2. That I then waited on the Colonial Secretary, and stated the faet, who said that he did not see any objection to the eharter as the Chinese Govern- ment were the charterers, and I informed Tam Acboy to the effect that the charter might be made. 3. That on a subsequent occasion James Baker, the master of the said steamer, waited on me from Tam Achoy stating that the Steamer had been fired upon at Chow Choong, and asking for the assistance of a gunboat, whereupon I applied to the said Colonial Secretary, who stated that it was entirely a Chinese matter, and our Government could not interfere and this answer was communicated by me to the said James Baker. Sworn at the Supreme Court House, Victoria, this 21st } (Signed) D. R. CaLpwe tu. day of February, 1860. : Before me o F. S. Hurvan, A Commissioner, ete. THE ACTING CHIEF. JUSTICE ON THE BUCCANEERING RAID. 637 The Court, on consideration of the circumstances set out im Chap. XXXI. e ? . . the affidavits, took a lenient view of their case and only bound 4450, the defendants over to appear for judgment whenever called Defendants es 2 oo : b upon. In delivering. judgment, the acting Chief Justice spoke (ryrjcn” q . as follows :— for judg- : x : ment when He said that the defendants had acted wisely in adopting the advice of called upon. their counsel, it being quite impossible to deny that a breach of the law had The acting been committed. Having done an illegal act the only proper course which Chief 2 was open to them was to confess their fault, and to bring forward such cir- Justice's cumstances as they were able in extenuation or mitigation of their offeuce. dueisign: It would be a gross violation. of international law if persons—whether natural- boru subjects or foreigners—domiciled in one State, were to be permitted to levy war or fit out hostile expeditions against the subjects of another State, against whom vo declaration of war had been made by the sovereign authority. If such proceedings were tolerated, peace between any two nations would soon become impossible, as there are always to be found persons, who, for the gratification of private animosity, revenge of individual wrongs, real or imaginary, the hope of plunder, or even the love of excitement and adven- ture, would not hesitate to embark their property, and induce the more needy to risk théir lives, in hostile expeditions against the persons and pro- perty of subjects of friendly powers. All sueh acts were contrary to the : spirit and the letter of the English law, which would be found sufficiently strong, when duly administered, to restrain and punish those who might offend. It was not to be endured that acts, such as the defendants had beeu guilty of, should be perpetrated in a British Colony ; and all persons must be taught that not only the subjects of the Queen of England, but foreigners English also resident on this island, where they receive the protection of the British Jaw in law, must in return submit to the authority of that law, and not avail them- Hongkong. selves of the asylum which they. here enjoy to equip, and send forth hostile expeditions, by which just cause of offence would be given to the sovereign of a neighbouring country.” It was the duty of every State to enforce obedi- ence to its own laws, and to protect its own subjects; and if, unhappily, injury and wrong resulted from the weakness of the Government, and the inefficiency of the officials of the Chinese empire, those who were aggrieved were entitled to call for the intervention and protection of their own rulers, but they must not seek to right themselyes by the strong hand, and invade the territory of a power, against whom no declaration of war had been made by the only authority legally competeut to do so, In the present case, the extenuating cireumstauces were exceedingly strong—stronger, he thought, than he had ever before known—for the defendants had evidently acted under the impression that they had a right to do as they had done ; they had made no secret of their intentions, and (which was most importaut) they had, as appeared from the affidavits which had been handed in, been applied to, in the most formal manner, by a Chinese mandarin, to assist him, with men and materials, to attack a large number of lis own fellow-subjects, against whom complaints had been made, but who were strong-enongh to treat with con- tempt the efforts of officials who had the will, but uot the necessary forces, to suppress evil practices, aul inflict merited punishment upon the evil-doers. It was evident that Tam Achoy was anxious to carry on a clannish feud, and had availed bimself of the appeal for assistance which was made to him, in order to exterminate, if possible, the enemies of the clan to which he belonge ; “but no expeditions, such as he had organized, would be tolerated, or escape the vigilance of the authorities of this island, and although he (the acting Chief Justice) felt justified, under all the peculiar circumstances of this case, in dealing leniently with the defendants, he wished them, and all others who might hear him, distiuctly to understand, that if an offence of a like nature should again be committed, the offenders would most assutedly be punished 638 Chap. XXXL. 1860. The raid not conducted in an under- hand manner, Before starting on the expedition Tam Achoy consulted the Government. How far the affidavits affected. Government. The acting Chief Justice’s refusal to allow copies of the - affidavits to be taken. Advantage taken to draw again the attention of the Home Government and Parlia- ment to the affairs of Hongkong. Mr. Edwin James again moves House of Commons. HISTORY OF THE LAWS, ETC., OF HONGKONG. with great severity. He desired to‘afford the defendants an opportunity of proving that they sincerely regretted the illegal and mischievous transaction in which they had been engaged, and he would therefore abstain from passing sentence on the present occasion. The principal offender, T ‘am Achoy, would enter into recognizances, himself in £1,000, and two sufficient sureties in £500 each, to appear when called on, and abide the judgment of the Court ; the defendant, Baker, would enter into his own recognizance in £500, and two sureties in £250 cach; and the remainder of the defendants in the sum of £250 each. This act of misdemeanour to which the parties had pleaded guilty with the more serious buccaneering raid in which they were engaged, was not conducted, as way have been seen, in an underhand manner nor without encouragement which many would probably have considered sufficient. Before starting on his expedition, Tam Achoy consulted, through Mr. Caldwell, the Government of the Colony upon the subject, and received no warning out of the scrape. It is difficult to say whether or not he received any actual encouragement. This fact was put for- ward by the defendants in their affidavit, and ofa similar tenour was that made by the Registrar-General himself. It is difficult to say exactly how far these affidavits affected Government, for unfortunately at the time, both for himself and for the Government, it is recorded that Mr. Adams, the acting Chief Justice, departed so far from the usual course in such cases by. refusing copies of the affidavits, on application. made to him, although they had been put in by the defendants in mitigation of punishment, and had been read in open Court. Naturally this refusal, coupled with the reticence of the Government, upon the subject, tended to leave matters in a very dubious and suspicious light as regards Mr. Caldwell and Mr. Mercer, while the refusal of the acting Chief Justice to give copies of the affidavits, even if there had been good reasons for such a departure from the ordinary rule, did not serve to enlighten the aspect of the scene, and the matter was therefore taken advantage of to draw again the atten- tion of the Home authorities, and particularly of the House of Lords, to the affairs of Hongkong generally. Accordingly, on the 6th March, Mr. Edwin James again drew the attention of the House of Commons to Hongkong grievances by asking for the production of all papers which were likely to be of service in a debate. The following were the termis of his motion :— - “ Copies of all correspondence, or other papers, on the following subjects, or any of them :— . . The resignation of the Justiceship of the Peace for Hongkong by Mr. Thomas Chisholm Anstey, sent in to the local Government on the 18th day of May, 1858 : RENEWED AGITATION REGARDING HONGKONG AFFAIRS. 639 His suspension, on the 7th day of Augnst, 1858, from the Attorney- Chap. XXX1, + Generalship of the Colony of Hongkong, and from the Office of Counsel to the Superintendency of Trade in China : The Case of the Queen v. Tarrant for Libel, tried at the November Ses- sions (1858) of the Hongkong Supreme Court (Criminal side) : The Charge of alleged complicity of Mr. Caldwell, J.P: and Protector of Chinese at Hongkong, with Hongkong Pirates : ‘The Charges made against the acting Colonial Secretary (Dr. Bridges) ' ‘with reference to the foregoing subjects, and also the Opium Farm Monopoly : The Proceedings against Mr. May, Superintendent of Police at Hong- kong, Mr. Tarrant, Registrar of Deeds there, and the Police-Court Interpreter Tong Akou, and the dismissal of the Police Court Inter- preter Assam, for having severally given evidence against the said parties, or any of them : And the Imperial Regulations (if any) by which the several Suspensions or Removals before mentioned were authorized.” These papers were duly produced on the 16th March, and, on the 21st of the same month, ordered to be printed by the House of Commons.* A petition was also presented to the House of Lords by the Newcastle Foreign Affairs Association relative to the ‘piratical attack’ of Tam Achoy and others. More than a year before, the condition of Hongkong had twice been brought before Par- liament in consequence of the exertions of the petitioners. In the second instance, a petition, containing a list of charges of the most injurious character, not one of which had, up to this time, received any answer whatever, in either House, except ‘‘no information,” was addressed .to the Queen, and by the Queen sent tothe Colonial Office with Her Majesty’s express command to give attention to the same. As the Duke of Newcastle said ‘“‘an enormous Blue Book had subsequently been published by the Colonial Office, in reference to all these transactions at Hongkong, which reflected little credit on all the parties concerned.” ‘The petitioners alleged, and how truly may be judged by this admission, that this Blue Book confirmed every statement in their former petitions. T['inding then, after the lapse of more than a year, the same offences con- tinuing to be repeated by the same officials whom they formerly * A notable fact in regard to Mr. Edwin James’ motion was, that whereas in his first motion to a similar purport in April, 1859, (umté Chap. XXVI., p. 588) he had included ‘the charges made against the Lieutenant-Governor of Hongkong (Colonel Caine) and his Chinese compradore, with reference to extortion and bribe-taking in the years 1846 and 1848 (item. 6),’ he now confined himself to those matters which he considered had not been yet or satisfactorily solved, regard being had, moreover, to the fact that the case of Colonel Caine against Mr. Tarrant for libel (wnté Chap. XXIX., p. 605) had now solved most of the questions relating to Colonel Caine himself, 1860. The petition to the House of Lords by the Newcastle Foreign Affairs Association, The condi- tion of Hongkong twice brought before Parliament by the petitioners. The Duke of Newcastle on the ‘transactions at Hongkong which reflected little credit on all the parties concerned,’ 640 HISTORY OF THE LAWS, ETC., OF HONGKONG, Chap. XXXI.accused, they now transferrel the issue from the subordinates 1860, The petition of the Newcastle Foreign Affairs Association. to the principals. - The following was the petition above alluded to presented by the Newcastle oreign Affairs Association :— To the Right Honourable the Lords, Spiritual and Temporal, of the United Kingdom of Great Britain and Ireland, in Parliament assembled. Humbly Sheweth :— That your petitioners are informed that Tam Achoy (a Chinaman, a noted resident at Hongkong), Captain Baker (an English subject), and a number of American and European sailors recently made a piratical attack on the Chinese village Sun-ning near Macao, in which three Europeans and a num- ber of others were killed. That a steamer, flying the British flag, was chartered by ‘Tam Achoy for this expedition. That on Tuesday, February 21 of the present year, Tam Achoy, Captain Baker, and*others, who were engaged in fighting, were brought to trial-be- fore the Supreme Court at Hongkong, charged with misdemeanour. That the accused pleaded guilty, but made affidavits in which they put forward the fact in mitigation of punishment, that before starting on their expedition they consulted the Government of the Colony concerning it, through Mr. Caldwell, the Registrar-General and Protector of Chinese, and received 10 warning from the said Government to prevent their proposed expedition. ; That to the truth of this statement the Registrar-General of Hongkong himself bore witness in an affidavit which he also made. That, in consequence, no sentence was passed on Tam Achoy, Captain Baker, and the others. That the acting Chief Justice, Mr: Adams, did withhold the above-men- tioned affidavits, which had been read in open Court, when application was made to him for them for the purpose of publication. That a newspaper at Hongkong, The China Mail, in reference to these circumstances, made, in February 2, the following statement :— “The expedition against Sun-ning was only the natural development of the system of attacking alleged pirate fleets and villages with English gun- boats, on very insufficient information as to the real facts of the ease, and of interfering with Chinese quarrels which can be far better settled by the natives themselves. Mr. Caldwell was the official here best fitted to diseri- minate between pirates and others; yet even he had the almost incredible stupidity to direct Captain Bythesea against Namtow, because of acts com- mitted by a junk in the legitimate action of the Chinese Customs. The Namtow people came to Hongkong and engaged a lawyer to prosecute in this matter; but they must-have been bonght off, for when. everything was clear before them and legal opinion in their favour, they suddenly left the place, and’ gave up the prosecution.” That in February last year a petition, signed by the Mayor, on behalf ‘of a public meeting of the inhabitants of this town, was laid before your Right Honourable House, praying for justice iu respect to conduct similar to that PETITION TO HOUSE OF LORDS ON HONGKONG AFFAIRS. 641 above recited on the part of the Registrar-General and other officials at Chap. XXXI. * Hongkong. That in June last year a petition to the same effect, signed by the Mayor, on behalf of another meeting of the inhabitants of this town, was presented to Her Majesty, to which Her Majesty was graciously pleased to reply on the 2nd of July that she had ‘commanded the said petition to be referred for the consideration of the Secretary of State for the Colonies.” That in March of the present year in return to an address of the Honour- able House of Commons, a volume of official papers relating to Hongkong was laid before your Right Honourable House, which papers confirm, to the fullest extent, the statements contained in the above-mentioned petitions. That, nevertheless, no steps have been taken by your Right Honourable House ‘to redress the grievances complained of ; the conseqnence being the continuance of the customary state of things at Hongkong, as evinced by the eireumstances of the above-mentioned trial for piracy of Tam Achoy and Captain Baker. s That your petitioners attribute this state of things to the conduct of the late und present Secretaries of State for the Colonies, in neglecting Her Majesty's commands to give consideration to the complaints of Her Majesty's subjects; and, further, in upholding guilty officials and punishing only thew accusers.} ae , A Your petitioners, therefore, hambly pray your Right Honourable House to inquire into the aforesaid conduct of the Colonial Office, and to take such steps as to your Right Honourable House may appear necessary to vindicate the honour of the Crown and do justice. And your petitioners will ever pray. Signed on behalf of the Association, GrorcGE Crawsuay, Chairman. - Roserr Barssriper, Vice-Chairman. GrorcE Sropart, Secretary. “May 31, 1860. The somewhat apathetic conduct of the Home authorities in giving attention to the earnest representations of those associa- tions and other institutions interested in the welfare of Hong- kong naturally gave rise to indignation, and the strong language used in the foregoing petition is therefore not to be wondered at. The persistent support given to Mr. Caldwell by the local authorities, which emboldened him all the more, naturally evoked the greatest distrust, having regard to the time which had already elapsed and the repeated complaints formulated, that anything would be done to get rid of him, or that such reforms, would be carried out as the needs of society and administration demanded in the Colony. * See anté Chap. XXVL., p. 581, +-Anté Chap. XXVIIL, p. 601... : 5 ; The words in italics are, of course, those which caused the Duke of Newcastle in the House of Lords to “assure the House that there was not that neglect on the part of the Colonial Office which the petitioners supposed to exist because every determination of the Government was not communicated to them.” See debate next page. 1860, Apathy of Home authorities relative to representa- tions of Associations on Hong- kong affairs. The local support given to Mr. Caldwell. 642 Chap. XXXT. 1860, The Duke of Newcastle in the House of Lords. His instruc- tions to Sir Hercules Robinson, Inquiry into vharges by Mr. Anstey. The Gov- ernor * cautioned against stirring up again all that mass of mud which encuinbered society in Hongkong.” The diseus- sion in the House of Lords. HISTORY OF THE LAWS, ETC., OF HONGKONG. On the 28th June a discussion took place in the House of Lords upon the petition. The Duke of Newcastle clearly showed what his instructions had been to Sir Hercules Robinson in regard to the charges raised by Mr. Anstey. He showed. there had been no neglect. He had directed the new Governor to make an inquiry into the various charges raised by Mr. Anstey, “cautioning him, however, against stirring up again all that mass of mud which appeared to have encumbered scciety in, Llongkong.” Hence probably the cautions manner with which the new Gov- ernor was proceeding with the many matters calling for his attention, and the withdrawal of Mr. Mercer’s notice of motion in reference to the press of the Colony,* after the conviction and heavy sentence passed upon Mr. Tarrant, deemed apparently sufficient as a temporary warning to others and sufticient for all purposes at al] events for the present. The following was the discussion before alluded: to, which clearly shows the ‘evil reputation’ then attached to the Colony: — “ iarl Grey presented a petition from persons in Sheffield and Newcastle, complaining that an officer of the local Government at Hongkong had been mixed up with a proceeding of so improper a character as a piratical attack on a Chinese village. The noble Earl said he knew. nothing of the transac- tions adverted to hy the pétitioners beyond what had appeared in the news- papers, but he thonght the state of affairs at Hongkong required serious consideration. ie Say The Duke of Newcastle said he had as yet reecived no accounts from Hongkong of the particular attack stated in the petition to have been made ; and had he been aware that the noble Earl intended to present the petition that night he would have inquired whether any despatches on the subject had been brought by the mail just arrived. He assured the House that there was not that neglect on the part of the Colonial Offiee which the petitioners—members of the Foreign Affairs Committees of Sheffield and New- castle—supposed to exist because every determination of the Government was not communicated to them. [Laughter.] An enormous Blue Book had been printed by ihe Colonial Office in reference to all these transactions at Hongkong, which reflected little credit on the parties concerned, and care- ful inquiry had been instituted respecting them. On his appointment to the Colonial Office he found that his predecessor in office had nominated a. new Governor for Hongkong, in consequence of the anticipated return of Sir J. Bowring, He, therefore, directed the new Governor to make an inquiry into the various charges raised by Mr. C. Anstey, cautioning him, however, against stirring up again all that mass of mud which appeared to have en- cumbered society in Hongkong. He had not yet received an account of the result of the inquiry prosecnted by that gentleman. He was bound to add, though with the greatest possible regret, that in no part of Her Majesty’s Dominions was libel so rife and flagrant as in Hongkong. For men to libel one another in the most reckless manner seemed to have become the normal state of society in that island. ‘There had been prosecutions for libel, some of which were snecessful, and some not successful, but he mentioned this to caution their Lordships against placing the same amount of credit in state- ments in ITongkong newspapers, unless authenticated by other circumstances, 7 * Ante Chap. XXIX,, }. 616, CONDITION OF THE GAOL IN HONGKONG. 643 as, he was happy to say, they were accustomed to place in statements pub- Chap. XXXI. lished in English newspapers.. [Hear, hear.] The inquiries into these ae charges had been neglected, and he hoped that those who were interested in TES: the well-being and respectability of the society of Hongkong would further any efforts which he might make to redeem the Colony from the evil repu- Nea] which, in consequence of these transactions, attached to it. [ Hear, hear. The Earl of Hardwicke said it was quite impossible that the Government could undertake to enter into correspondence with Committees on foreign affairs ; but he was rather inclined to applaud these assocviatious, he believed generally of artisans—at all events, they were artisans who formed a depu- tation from one of the committees on foreign affairs which waited on him. They took pains to read all the Parliamentary papers, and to instruct them- selves, to the best of their ability, in foreign affairs. He believed they were extremely well-informed men, and he should be sorry if they imagined they were treated with indignity, because the Secretary of State refrained from a correspondence upon subjects in which they took great interest. [Hear, hear. ]” ‘The discussion, it will be seen, referred more to the Foreign Tie Duke of Affairs Associations established in Newcastle and elsewhere than \O°" ad to Hongkong, and could not therefore have failed to prove Beart dane a very great encouragement to the members of those associa- Fane EO ne) tions. ' Having a grave charge to meet, the Duke of Newcastle attempted to meet it by getting upa laugh against his accusers. The Duke of Newcastle was thus forced to explain what it was he had done to purify Hongkong. Early in March the prisoners confined in the Victoria Gaol, Mutiny of through some dissatisfaction, mutinied, but by promptitude the Hrqr ” riot was soon quelled and the mutineers punished. The state of affairs in the Gaol at this time, mention of which ‘he state of has already been made in connexion with Mr. Tarrant’s impri- ‘he G#! sonment, appeared to be even more detrimental to the interests of justice than it was objectionable on grounds of humanity. The sentences of imprisonment passed in the Courts of Hlong- ‘the sen- kong had often been frightfully severe, and if, as appeared, Coe criminals had so often to be released before their term of impri- ment passed sonment had expired, the sentences of the Courts must have (oun, become a mockery, and punishment become so indefinite as to lose much of its terrors—so dependent on private judgment or caprice as to lose much of its proper judicial character. As The Higanst: matter of record, it is not therefore out of place to quote here atin what was said of the disgusting state of affairs prevalent in the prevalent | Gaol, by the different officials having control of it so recently aos as in 1855, 1857, and 1858. Mr. Ililher, the late Chief Ma- a, Hiltiers 3 " cap pa a account of gistrate, on the 7th April, 1855, four years before Sir John fre Gact in Bowring left, gave a short account of the condition and work- 1855. 644 HISTORY OF THE LAWS, ETC., OF HONGKONG. Chap. XXXL ing of the Gaol. His allusion to the ‘unnatural crimes’ pre- 1860. Jnnatural crimes. Robberies by fellow- prisoners, Young criminals associated with hardened. criminals. The Re- formatory started afterwards. Mv. Hillier’s report on the Gaol. Mr. Lyall’s repolt in 1857. The report of Messrs. Anstey and Rickett'in 1858. valent in the Gaol, the robbery committed by fellow-prisoners, and the ‘unrestrained association ’ of the young in crime ‘ with scores of hardened criminals’ cannot fail to give one at this period a full insight into the then prevalent state of the Gaol and the just complaints which were formulated in reference to that institution. Mr. Hillier’s report. must have acted as an incentive for the starting of a Reformatory, aud no doubt the one subsequently started by the Roman Catholic Priesthood,* hereafter alluded to, however unsatisfactory in itself on various grounds, must have proved a blessing compared with the dis- closures made by Mr. Hillier who wrote as follows :— “ At the present time there are no less than one hundred and three pri- soners confined in one room. ‘Their crimes vary from the most trivial mis- demeanours to offences of the most atrocious nature. During the day these convicts work at associated labour on the roads or within the prison walls, but before and after hours of work, and during the whole of Sunday, they are locked up together in this one room, or are restricted to that and the ad- joining yard without separation or supervision. At night the only check upon them is an Indian sentry at the east side of the Gaol compound, who if be chose may look through a grated aperture a few inches square and sec ly means of a light hung in the centre of the apartment some portion of the occupants, but many he cannot see at all; it is easy for any prisoner to escape observation by moving to such parts of the room as are not visible from this aperture. Iam told that it was the firm impression on the mind of the late gaoler acquired from his daily opportunities of forming a reliable opinion, that unnatural crime was frequent among the inmates of this ward, and the Sheriff himself does not doubt that, it is difficult for a newly-convieted offender to escape being robbed by his fellow-' prisoners on the very first night of his transfer to this part of the prison. But be this as it may, the magnitude of the evils that result morally to the young in crime from unrestrained association with scores of hardened crimi- nals, and the opportunity which such a state of things must present for the concoction of schemes of villainy to be executed as soon as liberty shall have been regained, are too obvious to require more than a passing notice.” _ In May, 1857, two years afterwards, Mr. Lyall, a visiting Justice, wrote the following :— “The prison is so overcrowded, that it is impossible to conduct its routine as it should be.” * In January, 1858, Messrs. Anstey and Rickett, upon a visit to the Gaol in their capacity of visiting Justices, said :— “We repeat our former observations upon the imperfect means of classificn- tion which the faulty construction of these buildings affords. If there should be any funds available for the construction of new public works, we earnestly draw the attention of Government to the above points.” * Sce Volume 11., Chap. Xt, XLIX., and XCLII. See the regret expressed by Mr. Justice Snowden at there being no Government Reformatory.—Chap. LXxv., dufrd, and Chap. LXXxIXx, as to Ordinance No. 19 of 1886. eee MORE DISCLOSURES AS TO THE GAOL. 645 And no doubt it was owing to the condition of the Gaol that Chap. XXXL Eli Boggs, the notorious American pirate, was released on the 12th April, 1860 He had heen greatly borne down by illness from the time of his incarceration in J aly, 1857,* and it was not expected he would have lived much longer if kept in prison. On his release he was sent to America, but not before the master of one vessel at least had declined the pleasure of his com- pany on board ship. Cruelty in other forms was also frequent in the Gaol. Infor- mation reaching the Governor's ears relative to the death and burial of a Chinese prisoner named Lye Mooey Chie under sus- picious circumstances, Sir Hercules Robinson, on the 28th June, had the body exhumed. The convict was a Chinaman who had been sentenced as a rogue and vagabond to a term of imprison- ment and a couple of floggings. He died of dysentery and was buried in the usual manner. The deceased had several times complained of illness and inability to work. This was disbelieved, and he was flogged in consequence, besides being put on short ‘ations and placed in solitary confinement. The case was one of extreme cruelty. The Coroner’s jury accompanicd their verdict with the remark that there ought to be a proper person attached to the Gaol as interpreter, thereby showing in what condition the inmates of the Gaol were situated in regard to the officers of that institution, who were ignorant of their language. The following was the verdict :— The jury desire to express their indignation at the cruel usage the de- ceased met with in being twice flogged, put on half rations, and placed in solitary confinement while sick and under medical treatment. They also think there is great carelessness in conveyiug to the Gaol Governor the reports on the prisoners made by the Surgeon ; and that the punishment of flogging within the Gaol appears to be much too common. They also think there ought to be a proper person attached to the Gaol as interpreter. (Signed) R. SuHrerwoop, H. Turner. W. Eneyy. On the 3rd March Ordinance No. 1 of 1860, empowering the Governor to grant pardons subject to the condition of offenders leaving the Colony—a power heretofore exercised but doubted,--- was passed. On the saine day was passed another important Ordinance (No. 2 of 1860) relating to Jurors and Witnesses.} Mr. W. H. Mitchell, the Assistant Magistrate and acting Chief Magistrate of Police, left for England on eighteen months’ leave * Sce Chap. XVIII., anté p.-436. 7 t Upon the subject of Chinese oaths, sec anté Chap. XII. § 11., pp. 309-315, and Vol. IL, Chaps, L. and LXXXII, ’ 1860, Eli Boggs, the American pirate, released from Gaol. Cruelty in other forms in the Gaol. Suspicious death of Lye Moocey Chie. His body exhumed. Had com- plained of illness and had been flogged, No inter- preter attached to the Gaol. The verdict. Ordinance No. 1 of 1860, Ordinance No, 2 of 1860, Departure of Mr. Mitchell, assistant and acting 646 Chap. XXXI. 1860, Chief Magistrate, on leave. Mr. Mit- chell’s career reviewed. Mr. Alexan- der, Re- gistrar, appointed acting Chief Magistrate. Mr. May, Marshal of the Vice- Admiralty Court. Departure of Mr. Par- sons. solicitor. Mr, Pollard appointed his law agent. Mr. Parsou’s death. Death of Mr. Newman, acting Harbour Master and Marine Magistrate. Lieutenant Harris acting. Lieutenant Thomsett, of the Princess Charlotte, acting. Return of Mr. Inglis to duty. HISTORY OF THE LAWS, ETC., OF HONGKONG, of absence on the 15th March. It will be remembered that, on the resignation of Mr. Davies, he received. the appointment of acting Chief Magistrate on the Ist June, 1859,* and he was now anxious to secure permanently the position he had been holding temporarily, though he was eventually disappointed in this expectation. Mr. Mitchell, it may be mentioned, whatever his qualifications as a Magistrate, was an able man and had an extensive know- ledge of Chinese affairs. The best review of commercial affairs in China that had yet appeared proceeded from his pen and was in the shape of a letter to Sir George Bonham.{ In consequence of Mr. Mitchell’s departure, Mr. Alexander, the Registrar of the Supreme Court, was appointed to act as Chief Magistrate in conjunction with his own duties, and Mr. May to perform the duties of Marshal of the Vice-Admiralty Court. By the same steamer that took away Mr. Mitchell, Mr. Parsons, the solicitor, of ‘amalgamation’ fame,§ also left for England. He appointed Mr. E. H. Pollard as his ‘law agent’ during his absence. Mr. Parsons died in England many years after, at a ripe old age. | In consequence of the death of Mr. Newman, acting Harbour Master, Lieutenant Harris, of the Cambrian, assumed charge of the department temporarily, but resigned office on the 16th March, on appointment as Commander of H.M.8. Hesper, when Lieutenant Thomsett, of H.M. brig Princess Charlotte, suc- ceeded to the vacancy, and held the appointment until the return to duty of Mr. Inglis on the 27th November, 1860. On the 17th March was read for the first time the draft of an Ordinance to amend the law relating to Cheques or Drafts on Bankers and to amend the law of false pretences. This Ordinance was subsequently passed on the 16th April and numbered 4 of 1860.4 Further changes took place in the Judicial Department * See ante Chap. XXVIII., p. 600, t Sce his retirement noticed in Vol. 11., Chap. XXXVIT. t See Bluc Book relating to China, 1854, p. 243, § Anté Chap. XXII. || Death. On the 22nd October, 1891, at his residence, Rugby House, Worthing, Ambrose larsons. solicitor, formerly of London and Hongkong, last surviving son of fo Parsons, of Worthing, in his seventy-seventh year, after afew days’ illness,” Press otice. {| See anté Chap. Xx1x., p. 605, INTRODUCTION OF HOME RULES AND ORDERS, 647 on the 26th March owing to Mr. Masson, Deputy Registrar, Chap, XxX1. going on eighteen months’ leave of absence. Mr. Frederick Sowley Huffam, acting clerk to the Chief Jus- tice, was appointed to replace Mr. Masson, being himself suc- ceeded by Mr. Thomas Turner until the return of Mr. Weather- head, who, it will be remembered, had gone Home at the same time as Sir John Bowring on the 5th May, 1859.* The Governor, on the 4th April, appointed Mr. Adams, the acting Chief Justice, to be a member of the Executive Council. He was already a member of the Legislative Council, and by a strange coincidence on the 19th of the same month, doubtless when the sanction had been received, The Government Gazette published the approval of the Queen to his holding a seat in the latter Council. This was held to be an anomaly and no doubt it was wrong and quite contrary to the fundamental prin- ciples of the Constitution to have one and the same high ofticer, who likewise wielded the supreme judicial authority, intimately associated with the representative of the Crown, in both the Legislative and Executive Councils. But the Governor, in the state of affairs then prevalent, was in need of a good adviser, and he certainly could not have hada more experienced and capable adviser than the acting Chief Justice, but the question arose as to what security there was that the future incumbents of those offices would be entitled to equal confidence? Human nature was not so perfect as to jus- tify that he. who wore the ermine should also legislate. and execute the laws at the same time. Oo On the 15th April, Major-General Sir C. Van Straubenzee, Commander of the Forces, left the Colony. On the 28th of the same month, the Letters Patent under the great seal, dated the 30th January last (1860), investing the Supreme Court of Hongkong with jurisdiction concurrent and appellate, in civil suits originating in Japan, were duly published. Mr. Kingsmill as acting Attorney-General displayed great energy in‘ endeavouring to keep up with the times and improve the legislation of the Colony, and several important measures at this stage owed their introduction to ‘him. On the 30th April the Legislature passed Ordinance No. 7 of 1860.extending to Hongkong “certain Rules and Orders of the Superior Courts at Westminster.” These Rules and Orders were those in reality which were contained in the second sche- dule of Ordinance No. 5 of 1858, which formed the subject of * Anté Chap. XXVIII, p. 595, 1860, Ordinance No, 4 of 1860, Mr. Masson, Deputy Registrar, goes on leave. Mr. F.S, Huffam, acting Deputy Registrar. Mr. T. Tur- ner, acting Clerk to the Chicf Justice. Acting Chicf Justice Adams appointed a mem ber of the Executive Council, The Gov- ernor in need of a good ° adviser, Departure of Major- General Van Straubenzec, Letters Patent of the 30th January, 1860, investing the Supreme Court with jurisdiction in civil suits originating in Japan. Mr. King- smill as acting Attorney- General. Ordinance No. 7 of 1860, Ordinance No. 5 of 1858, 648 Chap. XXXL. 1860. Credit for the intro- duction of Rules and Orders of Superior Courts at Westminster belonged to Mr. Anstey. Ordinance No. 8 of 1860. Resignation of Mr. Dick, Chinese ° Interpreter to the Supreme Court. Nothing yet done to inaugurate a system of educating interpreters, Mr. Dick appointed Deputy Commis- sioner of Customs at Canton. Ordinance No. 11 of 1860, Complaints against the press being excluded from the Legislative Council. HISTORY OF THE LAWS, ETC., OF HONGKONG. so much discussion at the time, so that in reality the credit for their introduction belonged to Mr. Anstey when Attorney- General, whatever else may have been said upon the subject at the time.* Ordinance No. 8 of 1860 amending the law in relation to the grant and revocation of Probates of Wills and Letters of Admi- nistration was also passed on the 30th April. The question of interpretation, or rather want of interpretation, was yet to suffer an enormous blow by the resignation early in May of Mr. Thomas Dick, the Chinese Interpreter to the Supreme Court, in order to take up the appointment of interpreter to the Commissariat Department of the Expedition- ary Force, at a salary of £500 per annum. His knowledge of the Canton and Mandarin dialects was both extensive and. va- luable, and rightly it was considered a disgrace to the Colony that, after nearly twenty years of repeated complaints, nothing had yet been done to inaugurate a local system of educating interpreters out of Colonial resources,-—a system which would certainly have avoided the disgrace brought upon the Colony and the service by the re-introduction of Mr. Caldwell, mainly owing to his knowledge of Chinese if not of the Chinese as well. After serving with the Expeditionary Force, Mr. Dick received the appointment of Deputy Commissioner of Customs at Canton. On the 10th July, Ordinance No. 11 of 1860, constituting a Marine Court of Inquiry in Hongkong, was passed. Well-founded complaints aganist the Press being excluded from the Legislative Council by the Governor were again reiterated. Such exclusion was justly considered a retrogade step on the part of Sir Hercules Robinson which would be sure to recoil on him sooner or later. Complaint was also made that nothing was being done towards the promised inquiry into the grievances of the Colony. Both the Governor and the new Attorney-General, Mr. Adams, now acting Chief Justice, had evidently been taught and believed that the Hongkong press was detrimental to the well-being of the place and that it should be put down. ‘The Hongkong press, albeit open to some of the animadyversions cast upon it on the score of violence, had on the whole deserved well, if not at the hands of officials, at least at those of the commu- nity. But for it, colonial reformers at Home,—such was the indifference of some of the leading men in the community— would have heard nothing of the many and enormous abuses and * See anté Chap. XXIV, p. 542, A PROTEST FROM THE FORRIGN AFFAIRS ASSOCIATION. 649 crimes which after having for so many years been openly per- Chap. XXXI. petuated to the scandal of the name of the British Government igen in China by persons holding magisterial and other offices under Nothing it, were still allowed by an alarmed administration to enjoy (ane done the impunity on which they had so confidently relied. But for promised the Hongkong press, there can be no doubt at all that the apetee Parliamentary Blue Book which was laid on the table of the the Gov. House of Commons in April, 1859, and March, 1860, upon Mr, omer and. s ’ : ‘ : Mr. Adams . Edwin James’ motion* for papers relating especially to the believed the case of Mr. Caldwell, who had since become notorious through- 1s ( : detrimental . out Asia, would never have been heard of or seen the light at to the well- all, It was therefore no matter of wonderment that agitation prt | alot continued at Home for a full and searching inquiry into the qne scandal disgraceful doings in Hongkong, in accordance with the pledges ee e . 2 . eo 8 . he british’ given to Parliament by two successive administrations. Government : in China, The London and China Telegraph of the 27th April, 1860, sr. caldwen animadverted strongly upon the hollowness of these pledges ae and of the “unalterably-infamous administration of Sir John Asia. Bowring” in no stinted terms, as follows :—- Lhe London SA : and China “......The hollowness of the now forfeited pledge of the Colonial Office that Zelegraph the appointment of a new Governor of Hongkong should be the occasion for 2% the a searching inquiry into abuses which had at length been spoken of in Par-., Sea gz 5 infamous liament, after having become a public scandal in the land. What, indeed, administra- could any new Governor do with these words before his eyes? It is now tion of Sir palpable that the pretence of inquiry at Hongkong was resorted, to in order John to stop that demand for inquiry in England which was beginning to make Bowrine. itself heard, and which, we rejoice to hear, will make itself heard again in connexion with the presentation of these papers to Parliament. One word to those intending to act in this matter. ‘The evil.in Hongkong is but a ramifi- eation of the evil, the root of which is in Downing Street. Mr. Caldwell protects Ma Chow Wong, Dr. Bridges protects Mr. Caldwell, Sir John Bow- ring protects Dr. Bridges, Sir E. B. Lytton protects Sir John Bowring, and the Government of which Sir E. B. Lytton was a member was afraid of Lord Palmerston. We know, upon the very best authority, that a consider- ation which weighed with the Government of Lord Derby in deciding upon the course which they should take in reference to the unalterably-intamous < administration of Hongkong by Sir John Bowring, was a dread of being charged with taking the pretext of the Caldwell case to punish him for the bombardment of Canton! Considerations such as these open a field for re- flection too vast for us'to enter upon at present. We have ouly to repeat, let every effort be made to bring before Parliament and the Crown that con- duct of Secretaries of State by which impunity is granted to the confederacy of British magistrates with pirates, and punishment awarded to the denoun- cers of these monstrous practices, on such charges as ‘fomenting discord in a small community. We urge this for the sake of England, but we also urge prompt action on account of pressing circumstances at Hongkong.” it was not therefore to be supposed that such abuses as had been disclosed would be tolerated, and on the 10th May the following letter was forwarded through its chairman by the * Ante Chap. XXVI., p. 588, and anté Chap, XXXL, p. 638, - 650 Chap. XXXI. 1860, Letter from the Foreign Affairs Association to the Duke of Newcastle. Protest against Mr. Anstey's treatment as compared with that dealt out to Dr. Bridges and Mr, Caldwell. The tribute paid to Mr, Anstey. HISTORY OF THE LAWS, ETC., OF HONGKONG. Foreign Affairs Association to the Duke of Newcastle protesting against Mr. Anstey’s treatment as compared with that dealt out to Dr. Bridges and Mr. Caldwell, who, they argued, ought both to have stood their trial at the Bar of justice. The tribute paid to the “extraordinary ability, undaunted courage, unswerving perseverance, and unimpeachable honour and honesty of Mr. Anstey,” it will be admitted, was no more than he richly de- served, for, in truth, he must have been a terror to evil-doers in PANG sees Hongkong e 3 7 The voluminous ‘Papers relating to Hongkong’ recently presented to Parliament have been read and considered by this Committee, and I am requested to communicate with your Grace thereupon. ‘The Committee have had no communication whatever with Mr, Anstey, nor have they any per- sonal knowledge of Sir J. Bowring, with whom, however, they have com- municated since his return to England, and whom they have convicted of falsehood on another subject. ‘They cannot, therefore, defile themselves with any further notice of him than this. The Committee find it recorded in a despatch from Mr. Under-Secretary Fortescue to Mr. Anstey, dated July 26th, 1859, and printed at p. 444 of the papers, that your Grace, after con- sidering the case, concurred in the decision of Sir E. B. Lytton, dismissing Mr. Anstey from office. The Committee are wholly unable to perccive the justice of this decision. In their judgment it isa very grave and serious injustice, and can only be attributed to your Grace not having read the evidence contained in the papers. It is, of course, impossible within the limits of an ordinary: letter to give a full and clear statement of the whole ease. The Committee, therefore, confine themselves to three of its main features, At pp. 12, 13 of the papers is the report of two Magistrates who had made an investigation into the conduct of Dr. Bridges, acting Colonial Secretary, member of the Legislative and of the Executive Councils of Hong- kong. In that report, mild though it is compared with his offence, they find him guilty of grave misconduct.* No one who reads the whole of the evidence can doubt for a moment that he was guilty of an offence for which, if justice had been done, he ought to have been indicted, along with the Chinaman who had bribed him, for conspiracy. Instead of that he continued to fulfil his public offices, and to perpetrate other crimes. At pp. 36, 37, and 38 of the papers appears the report of a Commission appointed to inves- tigate the conduct of Mr. Caldwell, .p., Registrar-General, Protector of the Chi- nese, and Licenser of Brothels. ‘That report, although far short of meeting the justice of the case, as developed throughout the whole of the evidence, does find Mr. Caldwell guilty of very grave misconduct, and he, too, ought to have taken his place as a criminal at the Bar of justice.t Instead of that he still continues to exercise his offices as an important servant of the Crown. At p. 862 of the papers, is the verdict of the special jury in the case of the Queen v. Tarrant. In the opening of that case the counsel for the Crown said that Sir J. Bowring and Dr. Bridges felt they were on their trial. The ver- dict of the jury found them, in effect, guilty of a corrupt and damnable trick to defeat the ends of justice—this, too, without hearing a word of the defence.t A perusal of the evidence shows that no other verdict was possible. These three remarkable and signal triumphs of justice were owing to the extra- ordinary ability, undoubted courage, unswerving perseverance, and unimpeach- able honour and honesty of Mr, Anstey. Yet he is dismissed, and the eri- minals enjoy public favours,” * See the Report referred to, anté Chap. XX1., p. 478, + See the Report, anté Chap. XXIII, p. 506. { See anté Chap. xxv. § 1., p. 561. MR. CALDWELL AS PROSECUTOR IN A LIBEL CASE. 651 As regards Dr. Bridges the following attack alone which Chap. xxXxI. Mr. Anstey openly made against him to his face in the Council Chamber, when the Caldwell Commission was sitting, which was never resented or repudiated, will bear repetition :— “No man has ever charged me with having reserve. for a more convenient season my defence against imputations, whensoever, wheresoever, and by whomsoever cast, upon my fair fame and eredit. Nobody has charged me with having patronized and protected against the sharp edge of the law the iniquities of subordinates, whom it was convenient to count amongst my satellites. Nobody has charged me with having, either in person or by deputy, dissuaded or made the endeavour to dissuade nervous, doubting, unwilling witnesses from appearing before a Court like this ; a court of honour, if the reputation of the person accused be concerned ; a court of great political import, if the good of the community, the credit of the Goverument, and the responsibility to opinion and to law, of every servant of the State, from His Excellency down to Mr. Grand-Pré, be matter of public concern. Nobody has charged me with encouraging the accused by precept or by example to raise technical, quibbling, pettifogging objections, to the reception of evidence before such a Conrt, aud so to base his hopes of immunity not pou the moral conviction of his innocence, but upon the difficulty of wresting from the grasp of an unwilling Government the legal proofs of his guilt. And finally, nobody has accused me, much less convicted me, of seeking my own escape from public odium and contempt, in the destruction of public records of which I was the custos, and which cou- tained the damning evidence of my own complicity, or that of my subordi- nates, with thieves, resetters, murderers, and pirates.” The renewed agitation therefore on the part of the Foreign Affairs Association proved of some utility ; it was the cause of immediate instructions being issued. to the Governor to insti- tute an inquiry into the abuses complained of, as hereinafter referred to. In this connexion and in reference to Mr. Caldwell especially, whose name was doomed to come up ever and anon in connexion with irregularities of one sort or another, doubtless through his having so many ‘irons in the fire,’ it may here be mentioned that at the Criminal Sessions held on the 21st February, 1860, a Chinaman named Sung A Hing was sentenced to four years’ imprisonment for coolie-kidnapping. This case had formed the topic of much public discussion in which Mr, Caldwell’s name got unfavourably mixed up and was, of course, strongly com- mented upon, severe strictures being passed upon him,* and he being deliberately charged by a local paper with extortion and penjury. Upon this Mr. Caldwell brought an action for libel against the editor of the paper in question, The Daily Press, which was heard on the 18th July, when, finding himself un- able to substantiate the charge, the defendant withdrew his plea of justification, denying that he meant to imply what he * See Daily Press, 8th March, 1860, 1860, The attack made by Mr. Anstey against Dr. Bridges in the Caldwell Inquiry never resented or repudiated, The renewed agitation the cause of immediate instructions being issued to institute an inquiry. Mr. Cald- well’s name doomed. to come up ever and anon. Conviction of Sung A Hing for coolie- kidnapping, Mr. Cald- well’s name unfavourably mixed up. He is charged by a local paper with extortion and perjury, and brings . an action for libel against the editor, 652 Chap. XXXI. 1860. Plea of justi- fication with- drawn by the editor. Acting Chief Justice im- plies that an inquiry is pending into the conduct of Mr. Cald- well and others. ‘A tribunal where neither quirks nor quibbles would be permitted.’ The Govern- ment Noti- fication announcing inguiry into alleged abuses before the Governor-in- Executive Council. The begin- ning of a new cra. The notifica- tion also published in Chinese. Thirty-three more names added to the Commission of the Peace. Departure, resignation, and death of Mu. J. Jardine, MLC. HISTORY OF THE LAWS, ETC., OF HONGKONG. had written. The case is all important as showing that the acting Chief Justice in his remarks, while disposing of the mat- ter, knew that an inquiry was pending into the conduct of Mr. Caldwell and others and that once for all the scandal attached to Hongkong would be thoroughly scrutinized. Mr. Adams accordingly in passing remarks upon the defendant’s retracta- tion said, that “whenever an inguiry would be instituted ito Hongkong grievances, it would be before o tribunal. where neither quirks nor quibbles would be permitted, but where the most search- ang investigation would take place,” therefore foreshadowing the inquiry ordered by the Duke of Newcastle forced on practically by the “Foreign Affairs Association” as may be judged by the following Government Notification which appeared just a week after the disposal of the case above mentioned :— GOVERNMENT NOTIFICATION. In compliance with instructions received from His Grace the Duke of Neweastle, Her Majesty’s Secretary of State for the Colonial Department, directing that “an inquiry should be instituted into the abuses which have been alleged to exist in the Civil Service of Hongkong generally, and, espe- cially, into the alleged tampering of some of the subordinate departments in that service with the malversation, corruption, and piratical practices, of part of the Chinese community in or frequenting the Colony,” His Excellency the Governor has determined that such inquiry shall take place before the Gov- ernor in Executive Council who will sit for that purpose in the Council Chamber on the 13th day of August next, at noon, avd on such subsequent days as may then be determined on. All persons capable of giving information in furtherance of the proposed investigation are desired to attend the sittings of the Council, which will be held with open doors. 4 By His Excellency’s Command, L. D’Armapa E Castro, Clerk of Councils. Victoria, Hongkong, 28th July, 1860. This was to be the beginning of a new era in Hongkong, and that the inquiry was to be held with open doors was a depar- ture from the system hitherto adopted by Sir Hercules Robinson. The notification, it may be added, was also published in Chinese. Previous to this, on the 7th July, 1860, the Government added thirty-three more names to the Commission of the Peace, comprising officials and other members of the community. On the 9th July Mr. Joseph Jardine, member of the Legislative Council, proceeded to Europe on twelve months’ leave of absence through ill-health. He afterwards resigned his seat and died in Scotland on the 11th January, 1861. On his resignation on the 10th December, 1860, Mr. Alexander Percival was nomi- nated in his stead, and on the same date Mr. Angus Fletcher THE PRESS LAW DEBATED IN COUNCIL. 653 was also appointed a member of the Legislative Council in the Chap. XXXt. room of Mr. George Lyall, who had resigned his seat on leaving 1860. the Colony. These nominations were subsequently approved of Nr. 4. : . a . Percival and published in the Colony on the 24th June, 1861. nominated, vice Mr. sci: Heretofore the Governor had had no power to remit penalties x, 4. Fiet- other than those due to the Crown, in consequence of which cher «xc, : “vice Mr. @. several cases of extreme hardship are recorded, notably that of Tyau, re- Mr. Tarrant, the editor of The Friend of China, who was im- signed. a . ei Ow . eS * Governor ; prisoned for Dr. Bridges’ bill of costs in the criminal suit against Povener him for libel until it was paid,* and it was no doubt in conse- no power quence of that infamous matter that Ordinance No. 14 of 1860 unas was passed on the 17th August, empowering the remission of other than ‘s those due to such penalties. the Crown. Dr. Bridges’ As to the press, steps were without further delay taken to Dill of costs against ‘purify the atmosphere’ of the Colony, both the Governor and Mr. Tarrant. Mr. Adams, who had then been confirmed as Chief Justice, being Ordinance . . . . ao N ie 14 f£ prominent speakers on the occasion of the passing of the enact- jg4o. ° ment relating thereto, at a meeting of the Legislative Council, the press held on the 17th November, 1860, showing the interest’ they i» the . ; > ao Legislative mutually took in the matter and that both were acting under Council. instructions. Their speeches, especially that of the Chief Justice, Speeches will be read with the greatest interest. Accordingly, at the Goveraor meeting of Council before mentioned—the Governor, the Chief (1i M™ Justice, the Surveyor-General, and Messrs. Lyalland Dent being yy. adams present,—the Governor, Sir Hercules Robinson, in laying upon confirmed the table the draft of an Ordinance “to amend the law relative Justice, to Newspapers in Hongkong,” spoke as follows :— The Governor and OIC: His Excellency said that the idea of this enactment had struck him some ane acting mouths since, and that he had conferred with the Chief Justice upon the Prat aan subject, who fully concurred. A despatch had consequently been framed to mm. oy. the Secretary of State, who likewixe concurred in the expediency of the mea- grnor’s sure. The only law applicable to the press of the Colony at present was speech. Ordinance No. 2 of 1844. This was one of the first enactments passed after ‘ The law of the cession of the Colony, and clearly indicated hasty legislation. By that a Ordinauce, the press was released from all restraint whatever. The proprie- of the Colony tor of a newspaper has now simply to go before a Magistrate and declare his from the place of abode. The object of the present Ordinance was in no way to in- time of its terfere with the free action of a legitimate press; on the contrary, its aim SSS!0" was to assimilate the press of the Colony with the most respectable press in the world, namely, the press of England. There, where the press was notoriously free, restraints were placed upon it to avoid licentiousness and other evils, of a far more stringent nature than the Ordinance now laid upon the table provided. The law in England compelled the proprietor of a news- paper to enter into a personal bond of £400, with two sureties for a like sum, and it extended even to pamphlets. In the Ordinance now submitted, this amount of security had been reduced to £250. This had been done lest it should be thought the administration of the Colony sanctioned excessive bills * Anté Chap. XXIX., pp. 622-624, 654 HISFORY OF THE LAWS, ETC., OF HONGKONG. Chap. XXXI. of costs. The Council would observe that as the law of England was the 1860. The Chief Justice's speech, law of the Colony from the time of its cession, the Act which prevailed in England regarding the press would also prevail here, had not the Ordinance No. 2 of 1844 been enacted. There surely was no reason why the press of this Colony should be exempted from the Jaw made and provided to restrain the press of England! Yet to show that he, the Governor, had no desire to oppress or annoy the press of Hongkong, the sureties existing in England had been materially reduced. The idea in framing the Ordinance now sub- mitted was, that the sureties would check an editor in any violent course he might, when unrestrained, fcel justified in resorting to, and, to use the Duke of Newcastle’s own words, to puta stop to “ the reckless libels which have poisoned the very atmosphere of the Colony.” * His Excellency whilst upon this topie would extend his remarks to another branch of the same subject. The Government of this Colony had repeatedly. been placed in a false position by the practice adopted in actions for libel. A party libelled had hitherto applied to the Magistrate for a summons—a committal to the Supreme Court as if for mistemeanour was the necessary re- sult, when the matter would fall into the hands of the Attorney-General. Not only in the Colony, but abroad, this had placed the Government in an entirely false position, and it had actually occurred more than once that odium had been cast upon the administration for thus apparently promoting actions which they really disapproved of. In future this practice should be discontinued, and the Attorney-General would not again prosecute in a libel case ex officio, unless he appeared on behalf of the Government. A party libelled must sue for damages, and the Ordinance now before the Coincil would secure to such persons the payment of costs at all events. The Governor having concluded his speech, the Chief Justice said he wished to make a few remarks, which he proceeded to do as follows :— He entirely concurred in all that His Excellency had said, and should give the Ordinance his cordial support. Connected as he had been with the press in early life, he would be the last person to sanction any measure which might tend to harass or restrict the full and ample development of a free press. No one could place a higher value upon that institution than he did, nor give a wider latitude, within the bounds of propriety, for the action of the press in descanting upon the public acts of public men. He thought the present time a very happy one to introduce the measure—as far as he knew, all was peace at present with respect to libels, and therefore no improper motive could possibly be imputed to Government in pressing the enactment. He had been deeply grieved to find that the Government of this Colony had been so prominently placed in the false position alluded to by His Excellency— and he, the Chief Justice, must admit that it was a most natural conclusion for the public to arrive at, when they saw the Attorney-General prosecuting, to suppose that the Government promoted the suit. He, the Chief Justice, would further state that, in so far as his feelings were concerned, it was a most disagreeable duty to pass sentence on an editor of a paper for libel. The jury were, in his opinion, far better judges of the damages to be accorded, and it was most desirable that the sentence shonld be left to them. He felt confident that the Ordinance now submitted would work for good— doubtléss there had been a manifest improvement in the objectionable tone of the local press, and he hoped and thought that whenever any one of the editors allowed his feelings to run away with him, as had hitherto repeatedly been the case, the sureties provided by the Ordinance now submitted would restrain such editor. * Anté Chap. XXIX., p. 622, CHIEF JUSTICE HULME PENSIONED., 655 ‘Besides, the Ordinance acted in two ways—it protected the press against Chap, KXXI. low adventurers, and it protected the public as well. In country towns in England, when party spirit ran high, malevolent men, excited by envy or disappointment, used to be in the habit of starting ephemeral and scandalous publications, simply as vehicles of malignity for their own passions. Price was no object ; they were sold in market-places for a song, and became such a pest to society, that the enactment now in force in England had to be made to restrain them. As His Excellency had said, the law as it stands in England was far more stringent than the Act now before the Council. In like manner men of low character might come to this Colony, and almost without a penny, start a low paper to the great detriment of the respectable portion of the press, and then when a party maligned sued the editor and obtained a verdict, no effects were available to levy on. The Ordinance be- fore the Council remedied all this, and whilst it secures a party suing mode- rate costs, it does not provide for an excessive amount. None of the news- papers now in the Colony could have the smallest difficulty, the Chief Justice felt sure, in obtaining the required sureties, and he could not conceive how one word could be raised against the proposed Ordinance. He did hope, and think too, that an improved tone would in future characterize the Hongkong press. He expressed his unqualified disapproval of a prosecutor in a libel case retaining the whole Bar,* and he thought that the plan named by the Governor of disallowing the public services of the Attorney-General to private parties, would, considering the limited Bar of the Colony, tend to remedy the evil. The Ordinance was then laid upon the table, and on the 30th November was passed and numbered 16 of 1860. The Caldwell Inquiry or, as it was called, the Civil Service Abuses Inquiry, appointed in July last began its sittings as announced on the 13th August, 1860, and sat frequently, its meetings lasting considerably over the year. ‘The members of the Committee consisted of the Governor, Sir Hercules Robin- son; Mr. Mercer, the Colonial Secretary ; Colonel MacMahon, Commander of the Forces; Colonel de Saumarez, and Mr. Adams, then acting Chief Justice. Intelligence that Chief Justice Hulme had succeeded in obtain- ing a pension and that his leave had thereby come to an end was confirmed in August this year. When the position was originally offered to him he had been given the choice of one stipend with a pension or an increased one withoutit. He chose the latter at £3,000 per annum, and therefore had no claim to a pension at all,f and after taking “repeated leave of absence, and by clinging so long as he possibly could to the post which his health but too often disabled him from filling, to the great detriment of the public service, yet,” adds an exponent of public opinion at that time, ‘“‘he still found himself a beggar and so * The Chief Justice doubtless had in mind the case of Colonel Caine ». Tarrant for libel (Chap. XXIX., anéé p. 623, and also Chap. XxX. § 1., p. 628) wherein the plaintiff had retained the whole Bar as against the defendant who had thus no counsel. ¢ See anté, Chap. 1, p. 43. 1860. Ordinance No. 16 of 1860, Mr. Cald- well or ‘The Civil Service Abuses Inquiry.’ The members of the Com- mittee. Chief Justice Hulme pensioned. 656 HISTORY OF THE LAWS, ETC., OF HONGKONG. Chap. XXXI. set up the claim fora pension.” The paper continued thus, in 1860. His career reviewed, ‘He was a very good Judge’, His dilatori- ness, Pending reforms in Hongkong probably induced the grant of the pension, The pension. reference to Mr. Hulme :— “Of course, the grant toa man of his age is a subject that few men like to carp at......Mr. Hulme was neither a bad man nora corrupt judge. Still he was severe to a degree, and as unjust as severe. The Hongkong Gaol has still many living monuments of his cruelty, the sentences of hundreds having been mitigated. We are happy to find that both the Governor and the acting Chief Justice have been quietly extending mercy to many of the victims, and we hope that the Gaol may soon be purged of such scandal to our institu- tions as Mr. Hulme’s sentences present. Indolence with him was carried beyond a failing ; it was a positive vice.” * That Chief Justice Hulme’s sentences were: at times severe is undoubted, and that past Governors had mitigated some of his sentences on the score of severity is also but tvo true, but on the other hand the times in which he lived in Hongkong, when undoubtedly severity was a necessity, isa matter which can never be overlooked in judging of his career in the Colony; nor must it escape notice that-the presumed writer of the above para- graph, Mr. Murrow, the editor of The Daily Press, was himself a ‘victim’ of Mr. Hulme in that he suffered six months’ impri- sonment, besides paying a fine of one hundred pounds, for a gross libel on Sir John Bowring. On the whole, he was a very good Judge,t and this the legal practitioners and community all agreed in holding. During the latter part of his career, owing to constant illness and infirmity of body, Mr. Hulme had begun to exhibit signs of dilatoriness, never taking the Bench before noon and at times at one o’clock in the afternoon.§ Undoubtedly having regard to the state of affairs in Hong- kong and the renewed applications for a pension by Chief Justice Hulme and his determination to remain in office so long as he was denied one, the Home Government decided to treat him liberally (by which fact his services, it may be said, met with full recognition) and the authorities were thus enabled to effect their purpose with respect to pending reforms in Hongkong, by con- firming Mr. Adams as Chief Justice, who, together with the new Governor, were now ina position to take a more independent view of things in general. lence undoubtedly the appointment of Mr. Adams as acting Chief Justice on his arrival from Home, under instructions from the Secretary of State. The pension allowed Chief Justice Hulme was the high one of £1,500 per annum. As may be remembered Chief Justice * The Daily Press, 17th April, 1860. + Regina v. Murrow, anté Chap. xx. § IL, p. 469. t The China Mail, 25th August, 1859. § See anté, Chap. XXIX,, p. 604, and reference there given. MR. ADAMS SUCCEEDS CHIEF JUSTICE HULME. ¥ 657 Hulme arrived in the Colony on the 7th May, 1844, and went Chap, XXXI. on his last leave on the 23rd April, 1859, having thus served the Colony for nearly sixteen years. He was never knighted, but in those days Chief Justices and even Governors were not always knighted as they arenow. Mr. Hulme did not long live to enjoy his handsome pension, as he died on the 1st March, 1861, at Brighton, in the sixty-sixth year of his age.* The same mail that. brought the news of Mr. Hulme’s retire- ment conveyed the confirmation of Mr. Adams, the Attorney- General and acting Chief Justice, to the Chief Justiceship of the Colony, when the following notification appeared :— It is hereby notified that Her Majesty’s Warrant has been received direct- ing the appointment of William Henry Adams, Esquire, as Chief Justice of the Colony of Hongkong. The Honourable Chief Justice Adams has been sworn into office accord ingly. = By Order, W. T. Mercer, Colonial Secretary. Colonial Secretary's Office, Victoria, Hongkong, 25th August, 1860. The Chief Justice’s salary, however, had been reduced to £2,500 per annum,f and the hope was expressed that Mr. Adams “would discharge his duties with the same satisfaction to the com- munity as Judge Hulme.’’f On his confirmation as Chief Justice, Mr. Adams re-appointed Mr. Huffam, the acting Deputy Regis- trar, as his clerk, in which position the Governor also nominated him on the 1st December, on the resignation of the titular officer, Mr. Alfred Weatherhead, who proceeded to England. The Chief Justice, having been in poor health, left for Shang- hai on the 8th October on one month’s leave, returning to the Colony on the 7th November. Advantage was taken of this, to comment upon the inadvi- sability of having reduced the Chief Justice’s salary. £3,000 a * The following press notices relating to the family of the first Chicf Justice of the Colony, compiled in the course of reading, are here inserted as deserving of record :— (i.) Death. On the 24th November, 1876, at Brighton, Henry Walter Hulme, younger son of the late Chief Justice Hulme, of Hongkong. (2.) Death, On the 25th May, 1877, at Brighton, Eliza, relict of the late John Walter Hulme, Chief Justice of Hongkong, China.* (3.) Marriage. On the 20th May, 1886, at Shireoaks, near Worksop, by the Rev. G. Osborne, John James Hulme, son of the Honourable John Walter Hulme, late Her Majesty’s Chief Justice of Hongkong, to Mary Hlizabeth Browne, of Uckfield, ‘only daugliter of the late Peter Browne, of Bath and Macclesfield. “> “4 See Schedule A of Ordinance No. 13 of 1860. China Chronicle, 23rd April, 1860, This is inserted to show the gencra] esteem in which Chief Justice Hulme had always been held in Hongkong. Sec also the graceful ‘allusion to him by Chief Justice Smale as “(a great man of the past.” —Vol. 11., Chap. Lx. ® This lady was a danghter ‘of the celebrated Joseph Chitty "—see ante Chap. 11, p. 48 n. 1860. Chief Justice Hulme’s death, Notification of aprpoint+ ment of ~ Mr. Adams as Chief Justice. Salary of Chief Justice reduced. Mr. Huffam, Clerk to the Chief Justice, vice Mr. Weather- head, Chief Justice Adams goes to Shanghai on sick leave. Comments on inadvisa- bility of reducing the 658 Chap. XXX1. 1860. Chief Justice's salary. Jurisdiction over Con- sular Courts. Chief Justice Hulme and Chief Justice Adams on the Court’s vacation. The necessity for the appointment of a Puisne Judge. Dismissal of Mr. Clifton from the Shanghai Police Force. Mr. T. J. Callaghan appointed Chief Ma- gistrate, vice Mr. Davies, His arrival. Conviction and exccu- tion of Abdullah for murder. Convention and Treaty with China of the 26th June, 1858. Murder by Chinese burglars of P.C. Rocha and J. Maria Perpetrators undetected. Marriage of Chief HISTORY OF THE LAWS, ETC., OF HONGKONG: . year and a retiring pension was considered no more than fair compensation for the services of a first-rate lawyer exercising jurisdiction, moreover, over. the Consular Courts, in..a: trying climate like Hongkong. Whilst Mr. Hulme thought a month’s vacation in the year for the Court sufficient, Chief Justice Adams was of opinion that four months’ vacation would be by no means too much, and it.was felt that the question. of the necessity for the appointment ofa Puisne Judge to adjudicate upon small debts would not much longer be delayed. The records show the dismissal at this period of Mr. Clifton from the Shanghai Police Force on. charges indicating: syste- matic fraud and extortion. He had previously been in the Hongkong Police Force,* and. his, dismissal at a time when.an inquiry was being held into the conduct of.a late brother-officer of his, Mr. D. R. Caldwell, was. rather a.strange coincidence. Mr. Thomas J. Callaghan, barrister-at-law, the Chief Magis- trate in succession to Mr. Davies who had resigned office, arrived in the Colony on the 25th November, 1860, from England and was duly gazetted the next day. At the December Criminal Sessions, a Malay seaman named Abdullah was sentenced: to death for the murder of a tindal, on board the ship Tory. He underwent the extreme, penalty of the law on the 2nd January, 1861, ‘‘the.scene,” it is recorded, “ being denuded of all those human acts.of mismanagement which have hitherto characterized executions in. this Colony.” A proclamation by the Earl of Elgin, British Ambassador in China, relative to.a Convention and Treaty of Peace with China, with tariff and rules dated the 26th June, 1838,,and ratified on the 24th October, 1860, was duly published on the-11th December. As regards crime during the year, two murders committed by Chinese burglars in Jervois Street, on: the. persons of Police Constables Ado Antonio da Rocha and Joaquim Maria, while in the execution of their duty, early in the morning of the 31st May, remained undetected, notwithstanding the large reward of $500 offered by the Government for the. capture of the perpe- traturs of the crime. . <8 3 ' The year concluded with an interesting domestic. event in * See anté Chap. X11, § 1., p. 293. + Callaghan, Thomas J.—Called to the Irish Bar, 1854; educated at Trinity College, Dublin, took honours in classics ; held the appointment.of Barrington Lecturer. on Politi- cal Economy to the Dublin Statistical Society ; was counsel to the Attorney-General for Jveland,” Colonial Office List. CONCLUSION AND COMMENTS. 659 the Chief Justice’s family, namely, the marriage of his eldest chap. XXXI. daughter who had accompanied him to Hongkong.* 1860, oie : “ : ‘ a Justice It is impossible to peruse the records embodied so ‘far with- Adams eldest out concluding that they read more like a romance than actual ‘#ushter. facts,—a romance in the time of Sir John Bowring more par- Svoue™ ticularly,—upon which a play might successfully be founded, comments. so unlikely do the scenes and personages represented appear to have: been real factors or.actors. At this period, however, the Colony may bersaid to be rising from almost a state of chaos to something approaching order. The officials, who from the earliest days had. been asso- ciated together, and who with their friends’ had long formed such ties of comradeship. as to be unable to discover ..the- errors of their own ways, were bent, in spite of good or evil report, to support each other’s doings, the one deviating from this.course, however, rightly as, for instance, in the case of Mr. May as re- gards Mr. Caldwell, meeting with almost disastrons consequences to himself. Such, indeed, was the case at all events during the administration of Sir John Bowring, and hence undoubtedly the origin of the irregularities recorded and the beginning of the-end: of the ‘happy family’ administration on the advent of Sir Hercules. Robinson and of Mr. Adams. With Mr. Anstey’s arrival it seemed as if the form of Govern- ment prevalent had suffered a mortal blow, for it was impossible for one of his reforming spirit, of. his character, talent, and abhorrence of that corruption which, he found, so rife in the Colony, to stand by and. allow the irregularities which stood out so. prominently before him to go on unchecked, however mis- directed his energies may have: been at.times. It was probably due to his tenacity of. purpose, that. Mr., Anstey met with the opposition :he did! from the officials who had before his arrival been accustomed to the easy system of non-interference which undoubtedly was the. cause a maxima ad minimis of all the troubles in Hongkong. Although, as is seen, ‘Mr. Caldwell was still at this period holding the honourable and: important office he did in the public service, the authorities until this, under positive instruc- tions, deeming it right to proceed slowly so as not ‘to stir’ up the mud,’} the next volume will show his forced disappearance from the scene of the troubled elements, like his old: friends : * Marriage. At the Cathedral, Hongkong, an the 20th December, by the Reverend J: J. Irwin, .4., Colonial Chaplain, assisted ‘by the Reverend J. H. Gray, u.., British Consular Chaplain at Canton, Alfred Fincham, Hsq., of Canton, to Ann’ Maria, eldest daughter of the Honourable W, H. Adams, Chief Justice of Hongkong.”—This gentle- man, however, died in London on the Ist May, 1862, his will being proved on the 31st July, 1863, in the principal Registry of Her Majesty’s Court of Probate, ft Ante p, 642, seg ay 660 HISTORY OF THE LAWS, ETC., OF HONGKONG. Chap. XXXt and supporters, Colonel Caine and Dr. Bridges, to the undoubted 1860. advantage of the Colony. The other matters have received sufficient attention to need no recapitulation or repetition. They will be fresh in the minds of the reader. As the Colony advanced, so did its laws to meet the necessary exigencies of society. The all-important question of interpretation and the improvement in the Gaol system were matters, although still in their infancy, yet meet- ing with such consideration as could be devoted to them, having regard to the difficulties in the way, and as this work progresses the gradual steps taken by the Executive on those points will be found duly noticed. In regard to the Police Force, the largest in the world per- haps compared with population, the elements of which it was composed were always and will be, in such a place as Hong- kong, a source of considerable difficulty and anxiety, although reforms were, even at this period, already perceptible. That the Spaniards were originally correct in including Hongkong amongst a number of islands called ‘ Ladrones’ or thieves, has been neat from the outset, and from year to year, until this stage of the work, innumerable cases of piracy, murder, or robbery occurred, to the outrage of our laws and the administra- tion of justice. At first, when dealing with pirates and other Chinese cri- minals, English law with its peculiar provisions and precedents often proved to be the friend of the criminal; it afforded loop- holes through which escape could be and was made, and these persistent defiers of English authority found themselves by a ludicrous combination of facts in a position to laugh at detec- tion or conviction, while almost instant death or something akin would have probably followed at the hands of their own authorities. Hence the impunity that was afforded by English law, and the very mild treatment delinquents experienced both before and after trial and condemnation. An impression had actually existed among the Chinese—tantamount to a feeling of ridicule or incapacity for dealing in a prompt way with either murderer, robber, or pirate. But in this, as in other respects, the Government gradually adapted itself to the requirements of the place and, therefore, to the Chinese, whose Criminal Code recognizes no legal technicality, and who, by this time, by their knowledge and experience of our law, had now been taught the justice of our beneficent rule to an extent so obvious as not to require being dilated upon. END OF VOLUME I. GENERAL INDEX TO VOLUME I, 663 GENERAL INDEX TO VOLUME I. ABDULLAH. See Executions. ABERDEEN. encouragement of Lord, to commerce of all nations, 179 Shuck-pai-wan named, 79 ACQUI. influence as opium farmer, 98 ACTS. See Ordinances. ACTS OF PARLIAMENT. See Attorney ; Attorney-General; Statutes. ADAMS, W. H. afforded an early opportunity of judging the native character, 605 a member of the legislative council, 616 appointed acting chief justice, 604 a member of the executive council, 647 attorney-general, 605 arrival of, 604 comes out with instructions, 616, 653 confirmed as chief justice, 653 expresses his disapproval at a prosecutor in a libel case retaining the whole bar, 655 first appearance in Court, 605 forgery of his signature, 605 goes to Shanghai on sick leave, 657 his appointment as attorney-general, notified, 604 — career, 605 — decision in the buccaneering raid case, 637 implies that inquiry pending into conduct of Mr. Caldwell and others, 652 intended to apply the new broom, 605 marriage of his daughter, 659 notification of appointment as chief justice, 657 on English law in Hongkong, 637 — the position of government in libel cases, 654 refuses copies of affidavits in the buccaneering raid case, 638 salary reduced on confirmation as chief justice, 657 succeeds chief justice Hulme, 657 Mr. Anstey, 589 the Governor in need of a good adviser, 647 upon the press, 654 See also Civil Service Abuses Inyuiry. INDEX. ADDRESSES TO OFFICIALS, a thoroughly Oriental custom, 596 Hongkong noted for, 444 ADMINISTRATION. Sce Intestates’ Estates ; Probate and Administra- tion ; Supreme Court. ADMINISTRATION OF GOVERNMENT. disposition of governors of colonies, 186 duties of governor of Hongkong and superintendent of trade, 187 governor and the governed at ‘sixes and sevens,’ 407 cautioned against ‘stirring up the mud’ which encumbered society in Hongkong, 642 increase of public business, 34 intercourse with the Chinese, 423 office of plenipotentiary and superintendent of trade separated from that of governor, 594 opinion as to governor of colonies, 240 salary of the governor criticized in Parliament, 290 the capture of Chui Apo main reason for continuing expedition, 260 — conduct of governors of colonies, 197 — dual position of the governor, 172 — evils of the divisium imperium, 172 See also Civil Service ; Magistrate; Precedence ; Superintendent of Trade ; Colonies, ‘The. ADMINISTRATION OF JUSTICE. agitation for reforms in, 19 a properly-constituted Court wanted, 18 Archdeacon Paley on, 149 a short code for the more convenient, 222 Chinese advocates and the employment of Chinese in, 81 comments upon local judicatory, 263 commissions to hold criminal sessions owing to illness of C. J. Hulme, 366 court of Petty Sessions an encroachment on the Supreme Court, 243 crime in 1842, 17 1843, 29 1844, 40, 73 1846, 93 1853, 332 . day robbery at West Point, 94 feeling of insecurity, 429 first sitting of court of petty sessions, 232 frequent robberies in the town, 362 headless body found, 429 important criminal cases in 1847, 129 improvement in judicial affairs in 1844, 73 incapacity of judicial officers, 102 interference with, by the Executive, 225, 292 judicial establishment in 1842, 12 affairs in 1844, 56 events in 1845, 90 1846, 122 —— ——— 1847, 171 — ——_ 1848, 213 ————--—— 1849, 270 ———— INDEX, ADMINISTRATION OF JusTICE— Continued. judicial expenditure respecting, and parliamentary vote, 75 manacled in Hongkong, 244 no improvement visible in the inferior courts, 242 opening of the first criminal court, 37 opinion on the local courts, 48 opposition to Chinese being allowed share in, 338 reason for sending up paltry cases for trial, 128 sentences of the courts a mockery owing to the condition of the gaol, 643 taxes on justice, 34 the attorney-general and the practice of trying cases committed out of the jurisdiction before the criminal court, 192 — severity of the sentences passed in the courts, 643 — working of our institutions a mockery of justice, 243 See also Chinese; Coroner; Davis, J. F.; Hongkong; Incendiarism; Jury; Magistrate; Supreme Court; Trinidad Judicial Scandal. ADMIRALTY. abolition of Vice-, Court, 282 additional rules and regulations for the, Court, 601 appointments in the, Court, 123 bounty money, 258 ‘Chief Justice's address to the grand jury, 124 Chief Justice Hulme complains that he has not been allowed to see the indictments, 146 Chief Justice Hulme discharges the jury in the, Court, the commis- sioners not attending, 200 Commissioners do not attend sitting of the, Court, 200 Court with, jurisdiction, 95 disagreement between Governor Davis and C. J. Hulme in, Court, 141 first session of, Court, 125 letters patent appointing commissioners, 95 of 10th January, 1846, constituting the Court, 124 sitting of, Court, 200 of the Vice-, Court, under Mr. Campbell, 74 table of fees in, 319 unfortunate disagreement between the Governor and the Chief Justice, in the, Court, 139 See also Canton ; Hongkong. ADVENTURERS. See Australia, Holdforth, C. G., McSwney, P.C. ADVERTISER, THE LONDON MORNING, See The London Morn- ing Advertiser. ADVERTIZEMENT. See Professional Men; Supreme Court. AFFIRMATION. See Anstey, T. C.; Oath; Sterling, P. I. ALEXANDER, W. H. acting chief magistrate, 646 registrar, 332 appointed clerk of court and deputy registrar, 288 registrar, 383 departure on leave, 429 return from leave, 593 ALIENS, NATURALIZATION OF. disallowance of Ordinance No. 10 of 1845, 73 AMALGAMATION, See Legal Profession. 665 666 INDEX. AMERICANS. an English crown lawyer permitted to appear in an American court of justice, 375 See also Boggs, Eli; Executions ; Heycock, R. C.; Keenan, Con- sul; Mastiff, The; Perkins, George; Piracy ; Police ; Wade, The John; Whalers. ANSTEY, T. C. acts the part of a police constable, 413 addresses the Secretary of State upon Mr. Davies’ resiguation, 600 an unnecessary piece of severity, 414 appears for Mr. Murrow against Sir J. Bowring, 569 appointed attorney-general, 367 arrested in Canton, 463 arrival in Hongkong, 370 as a law commissioner, 367 — an amateur constable, 414 — a police informer, 408 : — counsel for Mr. Tarrant, charged with libelling government, 556 asks for police protection, 465 attack against Dr. Bridges never resented or repudiated, 651 attempt to bribe him, 451 a wicked and corrupt administration which he swore to destroy, 566a biographical notices, 367 breaks out in poetry, 550, 569n career in Hongkong reviewed, 575 case against him by W. H. Mitchell, for libel, 402 eauses a defendant to be arrested for perjury, 462 charges against Mr. Caldwell, 503 Chief Justice Hulme with having excceded bounds of temper- ance, 386 complains of Dr. Bridges’ appointment as counsel to Superintendent of Trade, 547 confirmed as a member of the Legislative Council, 388 cost of his library, 489 credit of introducing home rules and orders belonged to, 648 date of departure from London, 370 denounces Dr. Bridges for violating professional etiquette, 416 departure for England, 573 -_— —— India on leave, 439 ; disgraceful scene between him and Dr. Bridges, 504 dissatisfied at Dr. Bridges’ appointment, 426 Dr. Bridges’ attack upon him re opium monopoly cuntroversy, 473 elected president of the Royal Asiatic Society, 413 end of, riot, 410 extraordinary address upon Hongkong affairs and people, 393 ~—— conduct as counsel in his private capacity, 462 files a criminal information against W. H. Mitchell, sheriff, 388 fines a plaintiff and his witness for perjury, 371 first appearance as attorney-general, 375 forwards further memoranda asking for a fair trial, 513 gazetted a justice of the peace, 376 — member of the Legislative Council, 371 goes to China in a “ diabolie frame of mind,” 369 Manila, 538 Shanghai, 406 had sworn to destroy the wicked and corrupt administration of Sir J. Bowring, 559 INDEX. AnsteEr, T’. C.— Continued. 5 _ having no confidence in the magistrates, asks a J.P. to sit with him, 403 himself and the Caldwell-Ma Chow Wong connexion in Parliament, 581 his abusive speech in his case against Mr. Mitchell, 404 \ — argument in the poisoning case, 417 — authority for saying The China Mail, a tool of Dr. Bridges, 566 — career in Hongkong, 439 — consciousness of rectitude and the success of his efforts, 576 — contempt of the quibble started by Dr. Bridges, 433 —— determination to work the destruction of Sir J. Bowring’s adminis- tration, 569 — estimation of the special jury, 405 — fatal quarrel with Chief Justice Hulme, 439 — hands strengthened by result of case of Crown v. Tarrant, 562 — incorruptible sense of public duty, 576 —— minute of protest of privilege in the Legislative Council, 541 — opinion as to fees paid for marriages, 464 — paltry, ete., action against Mr. Mitchell, 393 — pamphlet on ‘Civil Government in Hongkong,’ 590 — recommendation re Chinese custom of compromise of felony, 451 _— relations with Sir J. Bowring, 426 — revelations regarding the relations between Sir J. Bowring and Dr. Bridges, 505 — suggestion about a constable’s number and cap ‘ crown,’ 402 — suspension considered, 511 holds an inquiry re expenses of civil procedure and practice, ete., 385 hostilities between the executive and, 427 _ informed. unless defence satisfactory, he will be suspended, 509 inquiries into charges by, 642 interesting speech upon the state of crime in the Colony, 461 is stopped by the jury in the defence of Crown v, Tarrant, 561 leaves for Canton, 463 —-— Hongkong in ba‘ health, 577 letter from the Earl of Carnarvon expressing regret at confirmation of his suspension, 589 local view of him and of Chief Justice Hulme, 395 Lord Palmerston’s fine revenge, 395 makes au affidavit of no confidence in special jurors, 392 public reparation to Chief Justice Hulme, 386 memorial of bankers and merchants to, for amalgamation of legal profes- sion, 480 memorial to Secretary of State, on his suspension, 513 Mr. Mitchell acquitted of extortion on charge by, 393 no other man in the Colony qualified for task he had undertaken, 576 not resting on his oars on arrival in England, 578 abjects to Chief Justice Hulme taking the bench at n@pn, 394 on Dr. Bridges’ signboards, 552 — Police delinquencies, 402 — the Chinese and exorbitant lawyers’ charges, 486 paper on ‘Did Alexander the Great in the course of his conquests ever reach any part of the Chinese empire,” 411 —— on slavery. and the Dred Scott decision, 478 . —-— ‘On the administration and value of judicial oaths amongst tha Chinese,’ 406 a previous career of, 367 proceeds to India and joins the local bar, 591 668 INDEX, Anstey, T. C.— Continued. . prosecutes a Portuguese for obstruction, 413 protests against charges against Mr. Caldwell being called his charges, 510 ark renews his application for police protection, 494 reply to the barristers on subject of amalgamation of legal profession, 456 report on the gaol in 1858, 644 resigns asa J. P., declining to sit with Mr. Caldwell, 502 resumes old conflict with Dr. Bridges in Court, 549 returns from leave, 451 ——- Shanghai, 408 to England from India on Mr. Caldwell’s dismissal, 591 scene in Court between him and Dr. Bridges, 432, 549 Mr. Hillier, and Mr. Mitchell, 378 Sir Ed. Lytton’s despatch dismissing him, 585 — Wm. Molesworth and the conditions of his appointment, 405 sits for the Chief Justice, 371 slanders Chief Justice Hulme, 386 states in Council the registrar-general’s office a sinecure, 495 successor of, as attorney-general, 589 suspected of a mean attack on Chief Justice Hulme, 405 suspended from office, 513 suspension confirmed, 582 the disgust in his mind owing to Dr. Bridges’ appointment over him, 578 — Executive Council decide to suspend him, 513 The Liverpool Albion on his appointment, 369 —— local press on his departure, 577 The Times on himself, 583 thwarted by the Governor and Dr. Bridges as partisans of Mr. Caldwell, 576 tribute paid to, by the Newcastle Foreign Affairs Association, 650 want of knowledge of Chinese character, 371 war of mutual attack between himself and Mr, Mitchell, 391 See also Bar; Davies, H. T.; Murrow, Y. J.; Newcastle Foreign Affairs Association; Royal Asiatic Society; Wilson, Andrew. APATHY OF THE CHINESE. See Chinese. APPEAL, first, against a decision of the Supreme Court, 329 magistrate’s decision, 89 See also Compton Case, The; Consular Decisions; Privy Council; Supreme Court. APPROVER, See Too Apo. ARBITRATION. See Supreme Court. ARCHDEACON PALEY. See Administration of Justice, ARMY. -- accommodation in early days, 268 action against lieut. Sargent by Mr. Cairns for assault and battery, 169 appointment of captain Maclean, R.a., a8 secretary to major-general Jervois, 300 ao lieutenant-colonel Dunlop as officer commanding troops and asa J.P., 385, 413 : arrival of major-general Jervois, 30] INDEX. 669 Armur— Continued, authorities deny issuing order that military independent of Police, 129 ease of privates Connors and Williams, 129 eode of laws for the government of the Chinese drawn up by general Gough, 338 colonel Griffin, a member of the Executive Council, 340 commandant of the Forces, 340 ah Haythorne, a member of the Exccutive Council, 568 # Sued conviction of private McHugh for causing death, 84 — of captain Maclean, Ra. 348 — colonel Griffin, 359 a” tH ' ————— lieutenant-general Ashburnham, 449 — ——— major-general Jervois, 343 _- tele 299 we Van Straubenzee, 647 Kine lee on leave of lieutenant-colonel Graham, 385 we desertion of soldiers, 323 extraordinary conduct of lieutenant Macdonald towards major Caine, . sheriff, 76. . lieutenant Armstrong appointed acting assistant magistrate, 86, 89 ———— colonel Tope-Graham appointed to a seat in the Executive Council, 359 assumes command of the garrison, 859- —general Hon. T. Ashburnham, ¢.s., commander-in-chief of land forces, 432 ——- Macdonald court-martialled and punished, 77 Lord Saltoun and his fear of responsibility. as to the erection of barracks, 268 major-general Jervois acts as governor and superintendent of trade, 322 administers the government, 332 appointed to succeed major-general Staveley, 299 Staveley administers the government, 200, 285 appointed ‘lieut.-governor of Hongkong, 175 succeeds major-general | ND’ Aguilar, 174 —————— Van Straubenzee, a member of the Executive Council, 449 numerous desertions from 59th regiment, 377 — officer cominanding troops to be a member of the Executive Council, 427 officers gazetted as J. Ps., 413 reinforce the police to prevent disturbances, 409 searcity of accommodation for officers, 269 sepoys attacked, 104 Sir Robert Garrett, a member of the Executive Council, 432 officer commanding the troops, 432 soldiers paedonad, 158, 360 See also De ‘Costa, Captain, and Lieut. Dwyer; Free Pardon ; Hongkong ; Malcolm, Lieut.-Col.; Police; Supreme Court ; Transportation. ARRA TOON APCAR, THE. murder of Europeans on board, by Chinese, 335 ARREST. ’ the law regulating, of offenders by private persons, 452 treatment of persons arrested by the Police, 255 See also Chinese, INDEX. ARROW, THE. 4 Chinese pirate bearing the English flag, 599n incident connected with, 431 Sir J. Bowring’s action in reference to, 5992 ASHBURNHAM, LIEUT.-GEN. See Army. ASIATIC SOCIETY. See Royal Asiatic Society. ASSAULT. ; committed by Mr. Strachan to obtain a judicial decision, 305 — ASSEMBLY, UNLAWFUL. arrest and conviction of tailors, shoemakers, and washermen, 437 See also Pork Butchers. ASSESSMENT. See Land ; Police. ASSOCIATIONS, SECRET. See Chinese. ASSOW. Mr. Caldwell’s conduct in reference to, Police Court interpreter, 508 question in Parliament as to his dismissal, 588 Sir J. Bowring’s explanation of Mr. Caldiell’s conduct re, 52 9 ATTACHMENT, See Foreign Attachment. ATTORNEY. a lawyer’s education, 238 bills of, and the taxing officer, 239 — subject to taxation, 220 charges of legal practitioners, 258 complaints of the Chinese against extortionate charges of, 454, 494 discontinue entering cases for hearing before Mr, Campbell, 195, 198 exorbitant charges “diseusséd, 486 hold a meeting and resolve that Ordinances affecting them be published befoi'e being passed, 382 in attendance « on the revision of a bill of costs, 309 moderate schedule of, fees, 238 necessary evils, 235 necessity for, 218, 238 pernicious system of allowiug wmngualified persons to act a8, 303 petition the Chief Justice for suspension of certain orders and acts of Parliament, 382 _ on the subject of Court fees, 207 practice of, appearing as counsel stopped, 302 the first six, 219 two still in practice, 220 Sec also Bar; Bridges, W. T.; Caldwell, H. C.; Chinese ; Court Fees; Gaskell, W.; Legal Profession; MeSwyney, P. C.; Oath; Parker, N. D’E.; Practitioners-in-Law ; Professional Men; Supreme Court. ATTORNEY-GENERAL. ~ ate an officer whose special function.is to render, counsel and assistance to the local government, 585. a suspended, seeking the punishment of the governor, 570 instructions to, to keep pace with progress . cof the times relative to, acts of Parliament, 571 _ non- proseention ex officio hy, in a libel case except on behalf of the Crown, 651 INDEX, 671 ATrorney-GEnERaL—Continued. Sir John Bowring on the private practice of, 476, 528, 549 the picture of an, as defendant in an action for libel, 405 See also Administration of Justice. AUCTION. custom of auctioneers bidding at their own sales, 278 duty abolished and licences granted, 232 reduction of duty on certain sales, 74 See also Bowring, John ; Land. AUSTEN, ADMIRAL. — See Navy. AUSTRALIA. neglect of authorities as to adventurers from, 279 See also references from Adventurers ; Transportation. BAKER, CAPT.; TAM ACHOY AND OTTERS. See Buccaneerine. BALCONIES AND VERANDAHS. See Land. BALFOUR, CAPT. G. eulogizes Major Caine and Mr, Hillier, 134 BAMBOO ACT, THE. See D’Aguilar, Major-General. BAMBOO STRIKING. See Watchinen. BAR. assignment of counsel, 436 barristers to receive their fees through their attorneys, 416 complaints that prisoners in capital cases not allowed counsel, 325 denial of counsel to prisoners, 38 Dr. Bridges’ signboards, 551 fees allowed to counsel not considered sufficient, 309 letter from the, to the Attorney-General on the subject of amalgama- tion, 456 Mr. Anstey on professional etiquette, 552 refusal of Consul at Canton to allow counsel to appear before him, 332 retaining fee, 460 , rules occasionally infringed, 371 of etiquette drawn up by Mr. Anstey, 371 the Court assigus counsel and attorney to a prisoner, 381 See also Adams, W. H.; Austey, T. C.; Attorney ; Bridges, W. T.; Consular Courts ; Legal Profession ; Moresby, W.; Practition- ers-in-Law; Professional Men ; Sterling, P. 1. BAXTER, THE REVD. W. See Church. BELCHER, CAPT. SIR ED. See Navy. BEVAN, W. F. acting Clerk to Chief Justice Hulme, 331 relinquishes duties, 353 ' BILL OF COSTS. a, for revision by the Court, 309 resolution that Chinese be notified that, are taxable, 494 BISHOP OF VICTORIA. See Church. tm INDEX. BLACK CAP, THE. origin of, 430 See also Hulme, J. W. BLACK HOLE, THE. acrimony in England upon the subject of, 422 BOATS AND JUNKS. See Harbour. BOGGS, ELL his evidence at the trial of Ma Chow Wong, the pirate, 436 released from gaol, 645 sent to America, 645 : trial and conviction of, the American pirate, 436 BONHAM, S. G. administration of, reviewed, 823 a good common lawyer, 238 appointed successor to Sir J. F. Davis, 168, 173 assumes duties, 185 care as regards legislation, 294 commissions of, 185 eee : commutes sentences of death as regards which Chief Justice Hulme held out uo mercy, 291 considered unfortunate that he did not remove Mr. Campbell, 195 departure of Lady Bonham, 299, 822 culogized, 206 final departure of, 340 his previous career, 173 — tour, 195 knighted, 293 lay judges and, 221 leaves for northern consulates, 200, 285, 332 made a baronet, 331 misplaced leniency, 291 motives of delicacy in not removing Mr. Campbell, 198 pardons prisoners convicted on Too Apo’s evidence, 174 policy in Hongkong, 341 proceeds to Canton under instructions, 804 —— Shanghai, 309 public opinion of, 174 regard for public opinion, 238 return from leave, 831 —— the north, 331 the liberality of, 224 5 See also Tail Cutting. BOWRING, DR. See Bowring, John. ~ BOWRING, JOHN. “ An empty-headed, malev olent, lying ; political quack,” 589 a plain recall of, 587 appointed British consul at Canton, 227 — Governor of Hongkong and Her Majesty's Plenipotentiary, ete., 3389 arrival in Hongkong as Governor, etc., 340 of, as consul at Canton, 236 as belonging to an unsatisfactory, ete. school, 536, asks Secretary of Staté to await result of i investigations as to Mr. Austoy's statements, 502 INDEX. 673 Bownine, JoHN— Continued. a staunch and blind supporter of Dr. Bridges, 568 attempts to clear Dr. Bridges re opium monopoly controversy, 4 eareer reviewed, 596 Chambers’ s Encyclopedia on, 598 character of, in ‘ Journal of T. Raikes, Esq.’, 387 cold shoulder from community on departure, 596 death of his father, 381 declines to accept Mr. Anstey’s resignation as J. P., 502 departure and death of his wife, 471 —— for Manila, 564 Pa despatch reporting Mr. Anstey’s suspension, 516 directly responsible for state of affairs in the Colony, 577, , doubtful of his power to control the attorney-general, 391 early supersession of, 595 explanation for appointing Dr. Bridges as counsel to Superintendent of Trade, 549 gover vite of, contrived to whitewash Mr. Caldwell, 576 he is knighted, 339 Her Majesty’ 8 ’ Plenipotentiary and es of British Trade, 322 his administration ‘wicked aud corrupt,’ — attitude during dissensions between MMe, Anstey and Mr. Mitchel), 391 ~— daughter Emily joins the convent, 596 — demeanour in the Anstey and Mitchell cases, 405 — departure, 595 — endeavours to save his tottering administration, 535 — letter containing accounts of the poisoning case, 423 — previous career, 227 i — re-marriage, 597 — shameful administration, 469 Houses of Lords and Commons ask for recall of, 581 hymn of thanksgiving by, 422 leaves for the north, 353 motion in the House of Commons as to the registration Ordinanee, 68 Mr. Anstey a scape-goat of, and the subject of attack, 563 Mr. Austey’s revelations regarding relations between. and Dr. Bridges ,505 Neweastle Foreign Affairs Association ‘convict him of falsehood,’ 650 notification of his assumption of duty as consul, 236 on our forbearance towards the Chinese, 423 — private practice of the attorney-general and other officials, 476, 528, 549 — the Chinese and the exorbitant charges of the lawyers, 486, oe proceeds to England on leave, 332 “en Se on leave, 331 proclamation of, to the Chinese, 24 reminiscences of, 596 reply of, as to measures taken for the protection of the “Colony, 498 reports Mr. Austey for taking retainers against the Crown, 564 returns to Canton, 331 — Hongkong, 353 _ Tupture between him and the Justices of the Peace, 399 takes leave on Mr. Mercer’s return, 563 the abuse heaped on him on his departure, 596 — complete tool of Dr. Bridges, 559 The Pioneer on himself, 597 The Times ow himself, 583 visit to Borneo, 564 nA ~ 674 Bowninc, JoHn—Continued. wate See also Flogging ; Legislative Council ; London and China Tele- graph, The: Murrow, Y. ds; Neweastle Foreign Affairs As- sociation ; Royal Asiatic Society ; Tong Aku. BOWRING, JOHN esp ee a good Chinese scholar, 322 a partner in Jardine, Matheson, & Co., 468 ‘appointed Justice of the Peace, 322 a son of Governor Bowring, 322 BOWRING, LADY. See Bowring, John. BOWRING PRAYASA. See Land. BOWRING, SIR JOHN. See Bowring, Jolin. BRANDING. dreaded by Chinese, 235 See also Secret Socictics. BREAD POISONING fresh attempt at, 428 See also Cheoug Ablum. BREMER, COMMODORE, Sir J. G. See Navy. BRIBERY. See Anstey, T. C.; Cheong Ablum; Chinese; Perkins, G.; Police, BRIDGES, W. T. accuses Mr. Anstey of being his accuser in the opium monopoly con- troversy, 473 a committee appointed to inquire into his conduet as to opium mouno- poly, 472 acts as attorney- general, 322, 847, 859 admitted to practice, 301 : altercation between him and captain Peel for flying Governor's flag, 435 a member of the executive and legislative councils, 426 anticipates Chief Justice Hulme’s early retirement, 369 an unpleasant scene between him aud Mr. Austey in open Court, 549 appointed acting colonial secretary and auditor-general with private practice, 425 counsel to Superintendent of Trade on suspension of Mr. Austey, 547 as acting attorney-general, 331 astonishment at his not resigning the acting colonial-secretaryship, 476 conditions on which he was prepared to remain in office, 538 consults Chief Justice Hulme upon a matter, 340 degree of D. C. L., conferred on him, 412 dinner given, to him, 869 disgraceful scene between him and Mr. Anstey, 504 felt bound as a brother-freemason to stand by “Mr. Caldwell, 561 he summonses two respectable resideuts for an alleged nuisance, 431 his acuteness consequent upon Mr. Anstey’s relations with government, 509 — argument in the poisoning case, 417 — attack upon Mr, Anstey, 473, 504 — bill of costs against Mr, Tarrant i iu a criminal suit for libel, 653 — expectations, 369 —— friend My. Mercer, 418 — gorgeous siguboards, 550, 551 INDEX. Bripegs, W. T.—Continued. his officiousness, 431 —— opinion commented upon in parliament, 431 that Chinese beyond pale of civilized nations repudiated, 377 —— petition to Legislative Council on law partnerships, 598 — resignation of the acting colonial secretaryship, 509, 538 -—— statement that ‘Mr. Mercer was one of his dearest frietids,’ cte., 418, 426 —- suspicious conduet re the opium monopolist, 472 — turn to ‘go’ for Mr. Tarrant, 623 ~~ undue support of Mr. Caldwell in Ma Chow Wong’s case, 446 ~- vindictiveness as regards Mr. Tarrant, 623 — visit to the Earl of Elgin, 435 imputations against him regarded by the Jury as proved, 562 informed that ‘the Court does not sit as a consulting surgeon,’ 341 interference with his neighbours, 431 leaves for England without waiting for Mr. Anstey’s arrival, 369 moves that money found on Cheong Ahlum be given up for his defence, 415 ; Mr. Anstey’s contempt for the quibble started by him, 433 —-——-—- revelations re relations between, and Sir J. Bowring, 505 —————- statement respecting, never resented or repudiated, 651 Mr. Mongan’s statement that, toll him to burn papers re Ma Chow Wong, 561 no longer eligible for government employment, 629 on Jaw partnerships, 597 —— terms of great intimacy with Mr. Mercer, 425 prosecutes W. Tarrant for libelling him, 440 —_——_—_—__ ———. reneweil libel, 448 question of destruction of papers by his orders before Parliament, 581 scene in Court with Mr. Anstey, 432 Shylock-like, thirsting for his pound of flesh, 623 Sir J. Bowring recommends him for the attorney-generalship, 516 supported by Mr. Mercer through good or evil report, 418 the baseness of his conduct, 446 -~ mistake committed in appointing him acting colonial secretary, 433 -- relations between him and Mr. Caldwell, 559 -- Secretary of State’s acknowledgment of his services, 509. The Times upon, 583 with an eye to the future, 509 See also Anstey, T. C.; Bowring, Jobn; Caldwell, D. R.; Tar- rant, W.; Newcastle Foreign Affairs Association. BRITISH COMMERCIAL RELATIONS WITH CHINA. select committee of House of Commons appointed, 131 BRITISH LAW. See England. BRITISH SOVEREIGNTY. violated by Chinese government agents, 89 BRITISH SUBJECT. law relating to contratts with, on Chinese territory by Chinese subjects for cession of property in China, 377 Order of the Queen-in-Counceil for the conveyance and removal of, con- victed in China, 429 publication of provisions relating to government of, iu China, 142 See also England; Japan ; Macao; Royal Orders-iu-Counceil ; Su- preme Court, x 6 é 5 676 INDEX, BROTHEL. See Prostitution. BROWN, JAMES. death of, solicitor, 430 BRUCE, CAPT. acting superintendent of police, 4] relinquishes police duty, 76 PRUCE, HON’ BLE F. W. A. appointed Jieut.-governor of Newfoundland, 97, 108 Superintendent of Trade, 594 arrival as colonial secretary, 47 departure of, 97 on leave, 86 BUCCANEERING., a buceaneering raid, 633 ' advantage taken of the raid to draw attention of Parliament to Hong- kong affairs, 639 defendants’ plea, 633 Hakka and Punti fight, 633 refusal of acting Chief Justice to allow copies of affidavits, 638 trial of Tam Achoy, Capt. Baker, and others, for, 633 BUCHANAN, Mr. acting C. J. Campbell’s conduct in reference to, 195 tined for contempt of court, 195 BUILDINGS AND NUISANCES ORDINANCE. See Mitchell, W. H.; Nuisances and Buildings Ordinance, BURGASS, RICHARD. a personal friend of Sir H. Pottinger, 25 clerk of council, 33 departure with Sir H. Pottinger, 49 legal adviser to the Government, 24 presented at the Queen’s Levée, 78 BURKE AND NEWTON conviction for larceny on the high seas, 262 Newton escapes from gaol, found drunk, and committed for trial, 285 sentence on Newton for escaping from gaol, 289 CACKLING GEESE. See D’ Aguilar, Major-General. CAINE, G. W accompanies Sir J. Bowring to the north, 353 acting secretary to the Superintendency of Trade, 467 appointed junior clerk to the plenipotentiary, 353 a son of Col. Caine, 353 in charge of the Superinteudency of Trade, 568 CAINE, W abandonment of charge against Mr. Tarrant, 170 acting colonial secretary, 86, 97 —_—_—— - and auditor-general, 112 administers the government, 563, 597 as lient.-governor authorized to act in the absence of the governor, 360 — one of the advisers of gaverninent, in Crown zv, Tarrant, 557 attempt to carry him off, 430 INDEX, : 677 Caine, W.—-Continued. attitude consequent upon Mr. Campbell’s report re Tarrant, 607 audits the registrar’s accounts, 120 captain Balfour eulogizes, 134 charges W. Tarrant with libel, 605 chief justice Adams’ opinion as to a prosecutor in a libel suit retaining the whole bar, 655 -~ Hulme fighting a libellous charge by Governor Davis, aided by, 628 magistrate, 6, 24 of police and of the gaol, 6 commandant of Hongkong, 136 comments upon, as a magistrate, 104 commission of lieut.-governor, only effective in absence of governor, 340 committee of inquiry into complaints against his compradore, 143 complimentary addresses from Chinese and Indians, 627 conduct as to Chief Justice Hulme’s suspension, 141 confirmed as colonial secretary and auditor-general, 140 departure of, 626 desirous that his protégé, Mr. Caldwell, should not appear an undesirable object, 577 disappearance of his compradore after charges by Mr. Tarrant, 144 engaged the whole bar against Mr. Tarrant, 623 eulogistic article in The Dublin University Magazine on, 141 first appearance on the Bench after reinstatement of Chief Justice Hulme, 252 frauds by his compradore, 148 gazetted a J. P., 123 member of the enn ne council, 107 his abstention from committees, 557 — career, 626 -- character and admiral Cochrane’s libel against The Friend of China, 83 ~ friendship for Mr. Hillier, 147 — interference with Mr. May, 101 -~ office of lieut.-governor, a sinecure, 360 —- past career reviewed, 112 ~-- pension and death, 628 -- reputation at stake in Mr. Tarrant’s case, 202 -~ vindietiveness as regards Mr. Tarrant, 624 how guided as a magistrate, 6 Mr. Tarrant’s grievances respecting, 557 one of those who voted for Chief Justice Hulme’s suspension, 202 on the eve of his departure, takes up the glove so often thrown at him, 609 ordinances in 1854 bear his name, 354 origin of his quarrel with Mr. Tarrant, 605 police magistrate, sheriff, and provost marshal, 48 remarkable coincidence on his departure, 627 resigns his seat in the legislative council, 121 senior member of the legislative council, 360 slandered as to extortions practised by Police on prostitutes, 80 the affidavit leading to proceedings for libel against Mr. Tarrant, 610 The Illustrated London News on the mirror presented to him, 627 the injury he had done to Chief Justice Hulme, 252 vindication of his character, 614 warrant of appointment as magistrate, 6 See also Tarrant, W, 678 INDEX, CAIRNS, Mr. obtains damages against lieutenant Sargent for assault, 169 CALDWELL, D. R. admiral Seymour records his sense of his services, 587 allowed head money for suppression of piracy, 286 answerable for blood-wreaking vengeance in a buecaneering raid, 635 appointed acting superintendent of police and registrar-general, 332 — assistant superintendent of police, 128 ——— -- Chinese interpreter, 82 ———---—— interpreter and assistant superintendent of police, 171 —- interpreter to the Supreme Court and chief magistrate’s court, 286 — registrar-general, protector of Chinese, general interpreter, etc., 408 / as prosecutor in a libel case, 651 attempt to carry him off, 430 charges against him by Mr. Anstey and Mr, May, 538 Chief Justice Hulme recommends his re-employment, 381 commission to inquire into charges against him by Mr. Anstey, 503 complaints at cases being frequently referred to him as arbitrator, 454 government expression of regret at his resignation, 361 — notification to the Chinese announcing his appointment, as registrar-general, etc., 410 he impugns the verdict of the jury in Ma Chow Wong’s ease, 446 — is charged by a local paper with extortion and perjury, 651 his affidavit in the buccaneering raid case, 636 — appointment as J. P. deemed injudicions, 506 — attitude respecting Too Apo, the informer, 191 — conduct in the past concerning Too Apo, 286 — early career, 82 — grief at Ma Chow Wong’s deportation, 554 — heavy fees as arbitrator, 455 -- loss as an interpreter, 37! —- multifarious duties, 327 — name doomed to come up ever and anon, 651 -———— unfavourably mixed up in a coolie kidnapping case, 651 —— re-introduction into the service duc to his knowledge of Chinese, 648 inspired articles in the press at probable result if he resigned, 361 interests himself in Ma Chow Wong after conviction, 446 list of charges against him, 503 neglect of authorities to inquire into charges against, 501 notorious throughout Asia, 649 on paper burning as an oath, 311 — the mode of swearing Chinese witnesses, 814, 315 relations between him and Dr. Bridges, 559 relationship by Chinese usage between him and Ma Chow Wong, 446 report of commission on charges against him, 506 resigns office of assistant superintendent of police and general interpreter, 361 result of case of Crown v. Tarrant in reference to him, 562 rewarded for assisting in the suppression of piracy, 286 sharp debate in the legislative council re his character, 501 Sir J. Bowring’s reference to him and services, 519, 520 taken into the service again, 408 takes leave, 293 the large powers given him, 410 —- local support given him, 641 INDEX, 679 CaLpweLL, D. R.— Continued. the reason for his exertions for Ma Chow Wong, 447 —- undue support given him by Dr. Bridges, 447 ’ what his re-employment afterwards proved to government, 408 See also Newcastle Foreign Affairs Association ; Pork Butchers. CALDWELL, H. C. a backed criminal warrant in the hands of the police, 590 arrival of, from London, 590 as an attorney of the Supreme Court, 590 Mr. Anstey’s report 7e, to the Secretary of State, 590 previously Registrar of the Recorder's Court at Singapore and a fugitive defaulter, 590 CALLAGHAN, T. J. appointed chief magistrate, 658 CAMPBELL, C. M. acting attorney-general, 121 chief justice, 167 a description of him, 202 admission to the local bar, 121 after the return of Chief Justice [Iulme he is out of employmont, 291 agitation sets in against his reteution ou the Bench, 198 ‘a half-caste barrister,’ 168, 202 alleged squeamishness, 170 alluded to as a ‘ beauty,’ 287 a-member of the Legislative Council, 121 ‘a pariah practitioner,’ 202 appointed advocate in admiralty, 123 ‘a puppet whose malice checked by imbecility,’ 220 arbitrary conduct of, 195 arrival from Calcutta, 120 as acting attorney-general, 204 attitude of Major Caine in possession of report of, re Tarrant, 607 career in Hongkong, 202 east into oblivion, 201 comments upon, 194, 208 continues to act as chief justice on Mr. Sterling’s return, 189 departure from Hongkong, 204 directed the prosecution against Chief Justice Hulme, 168 directs the jury to non-suit the case of Portuguese against Mr. Llillier, 193 exhausts the patience of suitors and others, 194 { general comments upon, 202 his conceit, 202 — erroneous decisions, 203 -— inexperience, 198 — law, 194 -- nocturnal visits to the police offices, 204 — orders for cutting off ‘tails’ of Chinese and shaving ‘crowns’ of heads, 132, 203 —- report on Mr. Tarrant’s charges against Major Caine, 608 —~ subserviency to Sir J. Davis, 185 how he conducted himself on the Bench, 168 increased the revenue, 222 treated plaintiffs’ attorney, in the Portuguese case against Mr. Hillier, 193 v 680 INDEX. CAMPBELL, C. M.— Continued. ‘like a on Bottom undertakes the parts of tot Pyramus and Thisbe,’ 171 on the status of Chiuese prisoners as British subjects, 193 sitting of the vice-admiralty Court under, 174 still on the public mind, 233, 234 the inquiry of, into Mr. Tarraut’s charges against Major Caine, how con- stituted, 609 _ undignified contempt of the community, 205 ‘—— vicious tool,’ 221 unfitted for his position, 202 would not resign as acting chief justice in favour of Mr, Sterling, 194 CANTON. British Court of Justice in, 2 subjects in, address the government, against registration, 68 - commercial interests of England at, 189 criminal and admiralty court in, removed to Hongkong, 18 expedition to, 136 governor Davis and major-general D’Aguilar accompany expedition to, 136 See also Admiralty ; Bonham, S. G.; Bowring, John; Compton Case, The; Consular Decisions ; Davis, J. F.; McGregor, F.C. CAPE OF GOOD HOPE. Cape Anti-Convict Association, 274 Colonists disapprove of transportation to, 274 See also Transportation. CAPITAL CASES. See Bar-; Death Sentences. CARNARVON, EARL OF. See Secretary of State. CAROLINE, THE. See Piracy. CARRINGTON, Str J. W. See Supreme Court. CARTER, Mr. extraordinary conduct of, a J. P., 251 he is charged with felony by a Mr. Marques, 252 CASES. Anderson v. Gorrie, 10 T. L. R. 183 ; id. 660 ; (1895) 1 Q. B. 668; 71 L. T. 382, 155” Belilios ». Ng Li Shi, 24 carelessness in getting up, 263 Christopher v. Armstrong, 89 Chun Atee rv. You Tsoi, 307 Cum Cheong v. MeSwyney, 251 Matthyssons v. Matthyssons, 99, 311 Nuncheong v. McGregor, 204 Phillips, Moore, & Co. v. Arnott, 302 precedence of cases for hearing settled, 398 re Nuncheong, 203 Regina v. Cheong Ah Ng, 432 — Entrehman & Samut, Car. & M., 248, 99n Leaong Lao Tong, 262 — Alsey & Anor., 311 Robertson v. McSwyney, 250 Rustomjee and Co. v, Macvicar and Co., 83 INDEX, 681 Casrs,— Continued. Smyth, ex parte, 2 C. M. & R. 748, s.¢. 3 Ad. & E. 719; 1 Tyr & G. 222; 5 N. & M. 145, 329 Tip Chin Leu v. Lum Ah Kun, 462 Wardley & Co. v. Wilkinson, Sanders, & Co., 332 See also Indictments ; Privy Council. CAUSE LIST. See Cases ; Supreme Court. CAY, R. D. a commissioner for taking affidavits, 67 arrival as Registrar of the Supreme Court, 47 death of Mrs. Cay, 325 departure on leave, 332 extension of leave, 353 master in equity, 173 registrar of the admiralty court, 123 resignation of, 383 CELLS. See Police. CENSUS. See Registration. CHAMBERS. See Press. CHARGES. See Indictment. ‘CHARTER. law of England introduced by, 23 See also Hongkong. CHEONG AHLUM. a Chinaman sent to prison for attempting to bribe a juryman in case of, 421 after discharge, re-apprehended with other prisoners, 418 allowed to leave Hongkong unless fresh facts fortheoming, 421 attempt to poison the foreign residents, 414 chief justice Hulme acquiesces in the verdict of the jury, 418 crowded state of the gaol induces government to release some of tho ’ prisoners, 420 discharged from custody, 437 he and confederates committed for trial, 415 his arrest, 415 —- creditors in the lureh, 437 — departure for Macao, 414 Mr. Anstey and Dr. Bridges as counsel in re, 434 —-~ W. Tarrant recovers damages against, 434 petitions respecting, after discharge, 419 preliminvary inquiry into case of, 415 secretary of state’s despatch respecting, 419 Sir J. Bowring’s reference to case of, after suspension of Mr. Auster, 518 the attorney-general upon the case, 417 — honour of the British name, 418 . trial of, with confederates, 415, 416 See also Bridges, W. T.; Police. CHIEF JUSTICE. as a member of the Executive Council, 647 comments on inadvisability of reducing the salary of, 657 Mr. Clay, M. p., on the, 304 682 INDEX. Cnier Justicy,— Continued. position fixed and offers of the appointment, 43 salary of, criticized in parliament, 290 -— reduced, 657 See also Precedence ; Supreme Court. CHIEF SUPERINTENDENT OF TRADE. See Superintendent of Trade, CHIMMO BAY PIRACY. ‘ piracy on the Caroline and Omega, 174 See also Piracy ; Too Apo. CHINA. appointment of Justices of the Peace in, 25 British commercial relations with, 130 committing hostilities against the subjects of the Emperor of, 633 convention and treaty of the 26th June, 1858, 658 first Court held in, for trial by jury, 37 hostile comments as to supplementary treaty with, 43 hostilities with, and Hongkong affairs, 497 : importance attached by home government to commercial relations with, 258 report of select committee on commercial relatious with, 172 supplementary treaty with, 43 the scandal attached to the British Government in, 649 treaty of peace aud friendship with, 15, 499 — with, commended to the admiration of the whole world, 16 See also Canton ; Chinese. CHINA MAIL, THE. as the avowed organ of the goverument, 566 See also Anstey, T. C.; Wilson, A. CHINA, THE FRIEND OF. Sce Tarrant, W. CHINESE. address to Chief Justice [ilme on his suspension, 165 w girl pledged for debt due, 307 anxiety to serve on the jury, 578 apathy characteristic of, 334, 451 displayed by, when their persons, ctc., not at stake, 334 a prisoner under sentence of death attempts to bribe the turnkey, 351 callousness in committing suicide, 75, 90, 537 cases characteristic of, 307 code of laws for government of, by General Gough, 338 confidence in Chief Justice Hulme, 455 contempt for mildness of English criminal law, 55 death by hanging regarded as ignominions, 96 decline co-operation in putting down piracy, 17 demonstration 7e Buildings and Nuisances Ordinance, 408 determination of, affairs, 338 difficulty of identification, 93 — in recognizing features, 93 disregard of truth, 275 duties of Tepos, 338 English criminal law as regards offenders, 264 unsuitable for, 288 European and American police with, commit burglary, 878 INDEX, 683 CHINESE,— Continued. example required to prevent, from committing piracy and murder, 291 exorbitant charges of the lawyers, 486 feeling against local authorities, 410 first attempt at legislation for benefit of, 338 forbearance to, 255 -— misunderstood by, 423 forbidden to walk the streets after 11 p.m., 17 frequent murders amongst, 96 governed according to laws, customs, and usages of, 5 government notification as to Mr. Caldwell’s appointment as protector, 410 seek advertizement to please, 580 warning as to Trades Unions and Secret Associations, 436 gratified at the execution of two English sailors for murder, 580 grievances by, formulated, 410 handing over of suspects to, authorities, 257 heavy bills of costs against, 219 ill-judged and impolitic that, amenable to their laws and usages, 19 introduction of, as advocates, and their employment in administration of justice advocated, 81 invited to trade with Hongkong, 9 jurisdiction in civil suits between, subjects when originating out of the Colony, 301 law relating to contracts with British subjects by, for cession of property in China, 377 less partial to litigation, 220 main opposition to, being entrusted with the administration of the law, 339 mode of swearing, witnesses in early days, 313 native laws adopted, 21 neither fathom our justice nor understand our law, 289 no more corrupt people upon earth, 339 offenders punished according to laws of China, 20 opinion that, beyond the pale of civilized uations, repudiated, 377 Paouchong and Paoukea peace officers, 338 proclamation against seditious movement in China, 365 as to cession of Hongkong, 5 regarding disturbances, 409 —— requiring obedience to laws and good behaviour, 499 punishment according to usage of China, 103 resolution that, be informed that bills of costs are taxable, 494 respectable, dreading to come to Hongkong, 133 subjects of the Queen of England, 5 system of morality amongst, 275 ‘tails’ of, and ‘crowns’ of head ordered to be shaved by Mr. Campbell, 203 the enormous charges of the lawyers against, 493 ~—— enthusiasm of, mandarin at Kowloon at execution of two English sailors, 580 : — first Chinese juryman in Hongkong, 468 — gallows no terror, 96 — law of arrest and the manners and customs of, 307 — obligation of an oath amongst, 275 their action in the Cheong Ahlum poisoning case, 419 warning of government as to apathy of, 451 See also Anstey, T. C.; Supreme Court: Attorney ; Branding ; British Sovercignty ; Civil Service ; England; Executions ; 684 INDEX. CuinEse,— Continued. Extradition ; Flogging ; Interpretation ; Jury ; Night Passes ; Oath; Perjury ; Police; Prostitution; Registration; Secret Societies ; Tail Cutting; Transportation ; Watchmen. CHUI APO. a Chinese outlaw and pirate, 228 admits being implicated, 297 as a bucanier, 259 capture of, main reason for continuing expedition, 260 conviction of his brother and nephew, 361 doubts as to legality of his capture, 297 his capture, 296 — influence, 259 how his capture was effected, 297 in command of a fleet, 260 inculpates the deceased officers, 298 ineffectual attempt to capture him, 260 sketch of, in The Illustrated London News, 297 squadron commanded by him destroyed, 264 suicide of, in gaol, 299 trial and conviction of, for murder of Captain Da Costa and Lieutenant Dwyer, 298 verdict of manslaughter commented upon in England, 299 wilful murder against him by coroner’s jury for murder of Captain Da Costa and Lieutenant Dwyer, 229 See also Chui Asam ; Da Costa, Captain, and Lieutenant Dwyer ; Piraey. CHU AQUI. a notorious pirate, 471 at the head of incendiaries, 471 CHUCK CHU. See Stanley. CHUI ASAM. conviction of the brothers, brother and nephew of Chui Apo, 361 CHUN A YEE, Sce Transportation. CHUN CHUEN SHE. See Perkins, G. CHUN CHUEN TAL. See Perkins, G. CHUN TEEN SOONG. a notorious pirate executed, 97 confessed to nine acts of piracy and murder, 97 CHURCH. : bishop of Victoria takes a charitable view of Sir J. Bowring, 585 Victoria’s proposal for a day of fast aud humiliation and the decision of Secretary of State, 360 case of the Rev. W. Baxter appointed colonial chaplain of Hongkong, 351 complaints against the marriage fee paid for marriage to the chaplain, 464 extraordinary conduct of the Rev. W. Baxter, 351 Mr, Anstey’s opinion as to payment of marriage fee to the chaplain, 465 —-— Baxter's case discussed in Parliament, 351, 852 : proclamation of a day of fast and humiliation, reserved to the sovereign, 360 resignation and departure of the Rev, W. Baxter, 352 INDEX, 685 Cuorcu,— Continued. Rev. J. J. Irwin appointed colonial chaplain, vice Baxter, 353 —— M. C. Odell appointed acting colonial chaplain, vice Baxter, 352 See also Bowring, John ; Da Costa, Captain, and Lieutenant Dwyer; Macao; Smithers, J.; Supreme Court. CHUSAN. comparison between Hongkong and, 8% convention as to, 99 departure of Governor Davis for, 98 Governor’s proclamation and warning as to, 98 restored to China, 98 CITY HALL LIBRARY. See Tarrant, W. CIVIL CASES. See Jury. CIVIL LAW. ; See Executive. CIVIL SERVICE. chief magistrate to be police magistrate, sheriff, and provost marshal, 48 colonial secretaryship amalgamated with auditor-generalship, 111 commission of inquiry as to fees received by government officers, 358 communications regarding the Colony to be addressed to the colonial secretary, 360 government officers and their interest in landed property, 423 knowledge of Chinese ground for promotion, 361 money-lending by public officers at high rate of interest, 422 rules relating to the colonial service, 15 the unfortunate condition of the public service to be inquired into by the new Governor, 585 See also Addresses to Officials ; Crown Solicitor ; Hongkong; Pre- cedence ; Secretary of State. CIVIL SERVICE ABUSES INQUIRY. ‘a tribunal where neither quirks nor quibbles would be permitted,’ 652 government notification announcing inquiry into alleged abuses, 653 members of the committee, 655 sittings of, 655 the inquiry before the governor in executive council, 653 — notification published in Chinese, 652 CLEANLINESS, disregard of public, 123 CLEVERLY, C. Sr. G. gazetted to a seat in the Legislative Council as Surveyor-General, 448 statement as to conduct of Dr. Bridges and Mr. Caldwell, 561 CLIFTON, Mr. acting assistant Superintendent of Police, 293 his dismissal from the Shanghai Police Force, 658 COATES, CAPT. action against, for damages, 98 sympathy with, 98 COCHRANE, ADMIRAL. See Navy. COCK BIRDS. See Oath, Jury. CODE. See Administration of Justice, Consnlar Ordinances, 686 INDEX, COLE, CAPT. case against him and crew for piracy, 206 —— thrown out, 209 COLEY,. R. in partnership with W. Gaskell, 108 COLLIER, ADMIRAL. Sce Navy. COLEINS, J. appointed head constable and gaoler, 71 death of, 248 COLONIAL CHAPLAIN. See Church. COLONIAL OFFICE. See Secretary of State. COLONIES, THE. a matter unique in all the scandals of the government of, 405 sympathy in, regarding Chief Justice Hulme’s suspension, 197 the press of, on Mr. Tarrant’s treatment, 621 See also Administration of Government; Civil Service. COMBINATIONS, ILLEGAL. government notification respecting, 24 COMMERCIAL RELATIONS WITH CHINA. See China. COMMISSION. as to fees received by government officials, 358 into charges preferred by Mr. Anstey against Mr. Caldwell, 5038 -—~- Dr. Bridges’ conduct in respect of opium monopoly, 472 See also Administration of Justice ; Civil Service Abuses Inquiry ; Police ; Prison. COMPENSATION. See Land. COMPRADORE. See Caine, W.; Tarrant, W. COMPROMISE OF FELONY. See Anstey, T. C. COMPTON CASE, THE, appeal against the decision of H. M. Consul at Canton, 115 — to the Supreme Court, 115 Chief Justice Hulme quashes the conviction, 116 consul’s proceedings a series of blunders, 115 conviction of Mr. C. S. Compton for assault, 115 Governor Davis asked Chicf Justice Hulme to confirm the sentence, 137 — confirms the sentence, 115 local and home views of the case, 117 Lord Palmerston's despatch respeeting, 117 ee a fellow-passenger of major-general D’ Aguilar to England, 176 opinion of the law officers of the Crown upon the case, 118 public interest in, 118 result of Mr. Compton's complaint against consul McGregor and Gov- ernor Davis, 118 See also Davis, J, F.; Hulme, J. W.; McGregor, F. C. CONFESSION. See Gambling. CONSPIRACY, Mr. Tarrant’s case as to, 288 INDEX, 687 ConsPirnacy,— Continued. two prisoners convicted of, being found to be man sii wife ave released, 288 See also Caine, W.: Caldwell, D..R. CONSUL. See Keenan, Consul. CONSULAR APPOINTMENTS. Sce House of Commons ; Interpretation. CONSULAR COURTS. jurisdiction over, 658 privilege of barristers to appear in, extended t> Americans, 375 the authority of barristers to appear my 374 CONSULAR DECISIONS. civil appeals to the Supreme Court of Hongkong from, 301 decision of Her Majesty’s consul at Canton against. the master of the Lady M. Wood reversed, 300 discretionary powers as to allowance of appeal from, 318 Governor Davis and, 226 asks for powers to prevent appeal froin, 138 withdrawal of appeal to the Supreme Court of Hongkong against, 137, 318 CONSULAR JURISDICTION. in appeals to the Supreme Court of Houckong and to the Chief Super- intendent of Trade, 336 — civil suits, 336 — circular to Her Majesty’s consuls in China as to, 75 power for Superintendent of Trade and consuls to make rules, 336 - of deporting refractory subjects, 337 ——- to send case for trial before Supreme Court of Hongkong, 337 See also Compton Case, The; Interpretation ; Japan ; Superin- tendent of Trade ; Supreme Court. CONSULAR ORDINANCES. abolished and a code substituted, 336 No. 1 of 1844 ...... 24, 34, 138, 192, 193 | No. 1 of 1847... 137, 138 et ee 115, 138 See seine Ol ee 115, 116, 117 ees eee 301 == Abece OS | me FRE TRSD wees 318 ete] seemineaes sinse 78-116, 117, 42 CONSULATES. assistants in, and the study of Chinese, 348 Sce also Interpretation. CONTEMPT OF COURT. a witness professing ignorance of lauguage, punished for, 328 CONTRACTS. See British Subject. CONTRIBUTION. See Caine, W.; Police ; Prostitution ; Subscription. CONVICTS. See Cape of Good e Mutiny ; Piracy ; Prison ; Prison- ers; Transportation. ; COOPER-TURNER, G. ‘admission as an attorney, 850 AE gare appointed Crown solicitor, 411 his card, 850° takes over Mr. ‘Tarrant’ s business, 600 See also Hazeland, F. IJ, 688 INDEX. CORCYRA, THE. See Peterson, John. CORONER. first inquest, 16 inquests to be held at Central Police Station, 325 upon a policeman, 370 ‘ joint-coroners’, appointed, 213 the long tale of police and prison misgovernment, 870 .verdict of the jury as to ill-treatment of a prisoner by the police, 370: See also Evidence ; McSwyney, P. C. CORRUPTION. See Chinese ; Police ; COSTA, CAPT. DA, AND LIEUT. DWYER. See Da Costa, Capt., and Lieut. Dwyer. COSTS. See Attorney ; Bill of Costs; Chinese; Libel ; Magistrate. COUNSEL. See Bar. COURT FEES. exorbitant in chief magistrate’s court, 33 rule of court regulating, 354 table of, in police magistrate’s office, 155 See also Attorney ; Bar; Supreme Court. COUSENS AND NEILL. sentence for causing a revolt on, and running away with, the Kelso, 293 CRIME. See Administration of Justice ; Lighting of the Town, CRIMINAL COURT. See Administration of Justice; Canton; Hongkong; Magistrate. CRIMINAL LAW. See Chinese. CRIMINAL SESSIONS. See Administration of Justice ; Supreme Court. CROWN. See Libel; Magistrate ; Penalties. CROWN LAND AND LEASES. See Land. CROWN RENTS. See Land. CROWN SOLICITOR. increase of pay to, 629 legal official communications ordered to be sent to, 427 See also Hickson, J. J. CURRENCY. coins of the United Kingdom made current, 333 DA COSTA, CAPT., AND LIEUT. DWYER. body of Captam Da Costa found, 229 Lieutenant Dwyer never recovered, 230 funeral of Captain Da Costa, 230 letter in London Weekly Dispatch unfavourable to, 299 murder of, 228 part Chui Apo played when, murdered, 259 the inquest, 229 their bodies hurled into the sen, 229 the sad tale, 229 — tablet to their memory in St. John’s Cathedral, 299 verdict of the Jury, 229 See also Chui Apo. INDEX. 689 D’AGUILAR, MAJOR-GENERAL. addresses to, on departure, 175 administers the government, 58, 98, 146, 170 appointed colonel of the 58th Foot, 175 arrival of, 82 considered eceentric, 96 death of, 177 departure of, 175, 189 dinner in his honour, 175 his career as lieut.-governor of Hongkong, 176 — faults and eccentricities overlooked, 176 —— magnanimous conduct towards Chief Justice Hulme, 176 — quarters, 268 Mr. Compton his fellow-passenger to England, 176 on duelling, 78 prosecution of a Mr. Welch by, for having ‘ music’ in his house, 86 Wiseman at instance of, for furious riding, 96 skit on him in The Dublin University Magazine, 176 the ‘Bamboo Act’ and ‘the cackling geese,’ 176 See also Watchmen. D’ASSIS, PACHECO, AND DE MELLO, CASE OF. acting Chief Justice Campbell directs jury to non-suit the action against Mr. Hillier, 193 action against Mr. Hillier, 193 a summary of the case, 210 case connected with Margal, 105 Chief Justice Hulme grants a new trial, 210 ———_————- ———— plaintiffs every facility, 210 ———Hulme’s decision in the case, 211 governor of Macao asks for surrender of, 108 Mr. Hillier under instructions surrenders, 106 new trial granted by Chief Justice Hulme, 210 the facts of the case, 105 verdict for Mr. Hillier, 211 See also Macao. DAVIES, H. T. appointed chief magistrate, 384 ——_——. commissioner of foreign Chinese customs, 600 arrival of, 407 oe as a supporter of Mr. Austey, 600 defends Mr. Anstey in Council, 573 gazetted an official member of the legislative council, 427 his protest against government refusal to produce papers re opium farm privilege, 570 moves in the Legislative Council for correspondence re opium farm pri- vilege and Dr. Bridges, 570 on the unmerited slur cast upon Mr. Anstey, 573 resignation of, 600 state of affairs on his arrival in Hongkong, 407 why he resigned, 600 DAVIS, J. F. a comparison drawn between, aud Chief Justice Hulme, 200 an ‘arch-hypocrite,’ 199 appoints his nephew, Mr. Mercer, 2 member of the Legislative Council, 170 , ‘ 690 INDEX. Davis, J. F.~- Continued. as a governor, 186 asked Chief Justice Hulme to confirm sentence in Compton cise, 137 for powers to prevent appeal from consular decisions, 138 comments respecting, 186 complimented in Parliament, 69 consular decisions and, 226 criticizes Chief Justice Hulme’s decision in the Compton case, 116 departure for Canton, 169 _o Chusan, 98 Cochin ‘China, 146 England, 185 directions to consul at Canton in the Compton case, 1145 disagreement between him and Chief Justice Hulme in- the Admiralty Court, 139 bad a complete ostablishment, 188 his arrival, 47 — attitude towards the Cauton merchants, 137 — charge of drunkenness against Chief Justice es 119 — commissions, 48 — conduct gs viewed outside the Colony after suspension of Ghiet Justice Hulme, 167 — “desire to restrain the excesses of the English,” 116 — interference with the admiuistration of justice, 220 — legislation, 187 — life in Hongkong after the Ilulme episode, 1738 — model lawyer, 204 — previous career, 48 — report of the Compton case io Lord Palmer ston, 116 — resignation accepted unhesitatingly, 188 — secret accusations not contined to Chief Justice Hulme, 195 — services in China, 186 — unfair animadversion upon Chief Justice Hulme’s decision, 116 — vindictiveness in relation to Chief Justice Hulme, 146 inspects northern ports, 58 interested in Mr. Campbell, 202 Lord Palmerston’s instructions to him regarding Mr. Compton's soudugt, 118 made a baronet, 87 whe K.C.B., 853 odium attached to him ow ing to Chief J ustice Hulme’ 8 suspension, 188,195 of retired habits, 187 questions the right of the chief justice to be atvled'* My Lord,’ 140 reprehensible conduct as regards Chief Justice Hulme, 156 returns from Canton, 170 Cochin China, 150 rumoured resignation, 130, 168 still in view, 234 succeeds Sir H. Pottinger, 46 the ‘ despicable’ man, 167 — nature of his legislation, 188 threatens to suspend Chief Justice Hulme, 141 vice-admiral of Hongkong, 95 when he resigned, 185 wished Mr. Campbell to dispose of certain cases, 195 See also Admiralty ; Canton; Chusan ; Consular Decisions; Hulme, J. W.; Mercer, WV. T. INDEX, 691 DAVIS, SIR JOHN. See Davis, J. F.- DAY, JOHN. appointed acting attorney-general, 515 — to hold a court of summary jurisdiction, 366, 367 death of, 538 reports Mr, Anstey for appearing as Mr. ‘l'arrant’s counsel, 558 Secretary of State's approval of, us acting attorney-general, 538 DEATH SENTENCES, on four Chinese, 138 -— Hon Arkeun, 237 — one Chinaman, 90 — Selico for murder, 807 — six Chinese, 253 376 —ten Id. 289 —— Portuguese, 324 —three Chinese, 283 429 Englishmen, 580 — two Chinese, 293 328 ——-— Malays, 319 — See also Executions ; Piracy. DECLARATION. See Oath. DENT, JOHN. appointed a member of the legislative council, 449 } DEPOSITIONS. the real value of, taken in extenso, disclosed, 380 See also Witness. DESERTION. See Army; Merchant Shipping ; Navy ; Whalers. DICK, THOMAS. Chinese interpreter to the supreme court, 595 deputy commissioner of customs at Canton, 648 his knowledge of the Cantonese and mandarin dialects, 648 interpreter to the commissariat department of the expeditionary force, 648 resignation as interpreter of the supreme court, 648 DIVORCE. Matthyssons v. Matthyssons, 99, 100 Mitchell v. Mitchell, 333 DIVORCE AND MATRIMONIAL CAUSES. sections of Act of Parliament extended, 471 DOOR LAMPS. maintenance of, by householders, 123 See also Lanterns ; Lighting of the Town. DUBLIN UNIVERSITY MAGAZINE, THE. articles attributed to Mr. Sirr, 177 eulogistic article on Chief Justice Hulme, 161 —————-. major Caine, 141 skit on major-general, D'Aguilar, 176 INDEX, DUDDELL, G. government auctioneer, 430 saddled with costs, 278 sale of a ship by, ordered to be re-sold by Chief Justice Hulme, 278 suspicion of collusion between sheriff Holdforth and, 277 See also Holdforth, C. G. DUELLING. See D’ Aguilar, major-general. DUKE OF WELLINGTON. death of, 328 DUNCAN-JENKINS EPISODE. extraordinary conduct of Mr, Hillier and of Mr. McSwyney, 108 verdict of manslaughter against Duncan and Jenkins, 109 DUNLOP, LIEUT.-COL. See Army. DWYER, LIEUT. See Da Costa, Captain, and Lieutenant Dwyer. EDGER, J. F. elected first member of the legislative council, 261 his death, 449 ELGIN, EARL OF. arrival in Hongkong, 435 Dr. Bridges’ visit to, 435 levée and departure, 435 ELLIOT, CAPT. CHARLES. appointed chief superintendent of trade and Her Majesty’s plenipoten- tiary, 3 ae consul-general at Texas, 10 arrival in England, 10 departure of, 10 letter as to disposition of crown lands to Jardine, Matheson, & Co., 8 proclamation by, 4, 5 Sir Robert Peel on, in the House of Commons, 10 ELMSLIE, A. W. acting consul at Canton, 189, 323 private secretary to Sir H. Pottinger, 189 EMPLOYMENT. See Labour. ENCROACHMENT. See Land. ENGLAND. character of, raised by Sir H. Pottinger, 51 Chief Justice Adams on English law in Hongkong, 637 Hulme on English law, 165 criminal law of, unsuitable for Chinese, 264,288 — « error in maintenance of laws, ete., of conquered countries, 19 government notification that under authority of law of, equal justice to all, 580 : introduction by charter of law of, in Hongkong, 23 justice in, 220 law of, and the Chinese as British subjects, 192 as regards Chinese offenders, 264 to murder, 85 J was the law of the Colony at its cession, 653 liberties and prospects of Euglishmen at mercy of unqualified men, 138 magnanimity of, unparalleled in the annals of nations, 52 INDEX, 693 ENGLAND, — Continued. policy of, in China oue of universal commerce, 52 proclamation of Sir J. Bowring to the Chinese respecting the laws of, 365 rejoicings in, on conclusion of | peace with China, 16 safeguards of English law, 258 See also China ; Chinese ; Hongkong ; House of Commons ; House of Lords ; Macao ; ; Secretary of State. ESING FIRM. title of the firm connected with ‘bread-poisoning,’ 414 See also Cheong Ahlum, ETIQUETTE. See Bar; Professional Etiquette. EUROPEANS. See Arratoon Apear, The; Executions ; Long Ah Sai; Piracy ; Police; Prisoners ; Registration ; Transportation. EVIDENCE. articles abstracted after trial, 290 disregard for truth by certain witnesses, 275 loose manner in which taken, 111 mode of taking, by magistrate and coroner, 379 Po to amend informations and, of certain witnesses made admissible, 274 See also Deposition; Witness. EXECUTIONS. _& disgraceful scene at the, of three pirates, 285 American executioners, 242, 324 a protest at the exposure of the gallows after, 386 Chan Afoon hanged along with Ingwood, 85 — disgraceful execution of Chun Chuen Tai, 350 dreadful execution of six pirates at West Point, 241 first, in Hongkong, 70 lamentable bungling at the, of Gibbons and Jones, 580 of Abdullah for murder, 658 — Chan Afoon for shooting with intent to murder, 85 — Ching Afat for murder, 96 — Chun Teen Soong, a notorious pirate, 97 — four pirate conviets, 175 — Ho Apo, the murderer of Mr. Markwick, 429 — Ingwood, of H.M.S. Driver, for murder, 85 — James Kain, a private of the Royal Marines, for murder, 553 — Lee Akung for murder, 361 — Lo Chun Sun for piracy and murder, 600 -—— Look Ah Song, murderer of the boy Glatz, 462 — Mo Yeen for murder, 90, 213 — Ng King Leang, 429 — Shun Ah Muen and Lee Ah Foo, 376 — six Portuguese seamen for' piracy and murder, 324 -— the two English sailors Gibbons and Jones, 580 — three Chinese pirates at West Point, 285 old and rickety state of the esllors, 285 previous, spot, 386 Samarang’s cruel and disgusting execution, 386 the government seek advertizement after the, of Gibbons and Jones, 580 See also Death Sentences, Babee, 694 INDEX. EXECUTIVE. civil law degraded by magistracy being subservient to, 129 See also Administration of Government; Administration of Jus- tice ; Anstey, T. C.; Civil Service ; Magistrate. EXECUTIVE COUNCIL. appointments to, 24 complaints as to, 40 consider the advisability of Mr. Anstey’s suspension, 511 Sir J. Bowring’s reference to Mr. Anstey’s revelations in, 506 See also Army. EXPEDITION. Sce Buccaneering. EXTORTION. a suggestion by the sheriff not amounting to, 893. See also Caine, W.; Gambling ; House of Commons; Police ; Prostitution ; Tarrant, W. EXTRADITION. engages the attention of the executive, 260 handing over of Chinese subjects to their authorities, 257 no community of feeling between English and Chinese magistrates, 93 surrender of Chinese deemed a disgrace, 93 the rendition of Chinese criminals, 276 unconstitutional stretches of power, 257 . See also D’ Assis, Pacheco, and De Mello, Case of ; Macao, FARNCOMB, E admitted to practise, 65 advertizes himself, 16 appointed coroner, 16 attorney and conveyancer, 16 in partnership with Mr. Goddard, 92 resignation as coroner, 82 FAST AND HUMILIATION. See Chureh. FEARON, S. acting marine magistrate, 78 appointed professor of Chinese at King’s College, London, 127 — registrar-general and collector of Chinese revenue, 9! coroner and notary public, 12 departure on leave, 86 his inaugural lecture at King’s College, 128 interpreter and clerk of court, 12 FEES. See Court Fees, FELONY. See Misprision of Felony. FELONY, COMPROMISE OF. See Anstey, T. C. FENTON, W. See Piracy. FINE. See Matheson, A. FIRE. See Incendiarism ; Police. FLAWS. See Indictments, FLETCHER, A. a member of the Legislative Council, 653 INDEX. 695 FLOGGING. again discussed, 149 as regards the criminal population in Hongkong, 141 by bamboo, 17 case of fifty-four Chinese brought before Parliament, 93 ceases consequent upon Dr. Bowring’s motion, 128 colonel Malcolm’s evidence as to, before House of Commons, 132 curious sentences of, 30 disgusting exhibitions, 92 —- sight at, of vagrants, 149 Dr. Bowring moves Parliament ve fifty-four men flogged, 103 effect of Dr. Bowring’s motion in House of Commons against, 141 substitution of imprisonment for, 142 fifty-four Chinese flogged for having no registration tickets, 92 heavy sentences of, 108 innocent men flogged and imprisoned, 110 less resorted to, 103 Mr. Matheson’s evidence as to excessive, 132 not a deterrent against crime in Hongkong, 107 of prisoners, 79 sentences deemed excessive, 94 the abuse of the power of, 111 wholesale, 92 See also Hillier, C. B.; Prison ; Vagrancy. FOREIGN AFFAIRS ASSOCIATION. See Newcastle Foreign Affairs Association. FOREIGN ATTACHMENT. order of Court regulating proceedings in writs of, 428 FOREIGN CONSUL. customary courtesy of offering, a seat on the bench, 364 FOREIGN OFFICE. encouragement held out by, to students of the Chinese language, 347 the ae of barristers to appear before Consular Courts recognized by, 3 — scheme of, as to student interpreters, 348 See also King’s College; Chinese; Interpretation ; Macao. FORTH, Mr. - acting colonial secretary, 538 official member of the Legislative Council, 427 FREEMASONRY. See Bridges, W. T. FREE PARDON. a power heretofore exercised but doubted, 6.45 on Queen’s Birthday to prisoners, 83, 285, 325, 333, 348, 360 to Chow Atae, 324 : — Sinclair, 142 — Too Apo, 139 — Wong Ahlin, 436 - Ashing, 411 FRENCH. See Massacre. FRIEND OF CHINA, THE. review of affairs as to land rents, 179 See also Navy ; Tarrant W. FUGITIVE CRIMINALS. See Extradition; Macao. 696 INDEX, GALLOWS. See Executions. GAMBLING. constable Randolph confesses payments to police, 401 extensive, in the Colony, 359 extortion practised by officials, 359 payments to office coolies, 359 GAOL. See Prison. GARRETT, SIR R. + See Army. GASKELL, W. in partnership with J. Brown, 430 R. Coley, 108 on the fees of court, 218 proctor in admiralty, 290 relinquishes Queen’s proctorship, 411 GENERAL WOOD, THE. See Transportation. GIBBONS, JONES, AND WILLIAMS. Gibbons and Jones executed, 580 sentenced to death, 580 trial of, for murder of a Chinese boy, 579 Williams’ sentence commuted, 580 GLATZ, Mn. robbery and murder in the shop of, waichmaker, 461 GODDARD, W. H. admission as an attorney, 74 advertizes himself, 75 death of, 175 in partnership with Mr. Farncomb, 92 GOODINGS, R. death of, gaoler, 381 sued for moneys lost as gaoler, 362 GOUGH, GEN. See Army. GOVERNMENT. See Administration of Government; Libel. GOVERNMENT GAZETTE, THE. when first, published, 337 GOVERNOR. Sce Administration of Government. GOVERNOR OF THE GAOL. See Prison. GRAHAM, LIEUT.-COL. HOPE. See Army. GRAHAM, SIR JAMES. on the advantage of Dr. Bridges’ opinion as acting Attorney-Geueral, 431 speech in the House of Commons on the Arrow incident, 431 GRAND-PRE, A. acting superintendent of police, 384, 434 appointed assistant superintendent of police aud general interpreter, 361 collector of police and lighting rates, 453 appointment unfavourably commented upon, 361 See also Police. GREEN, F. W. acting Attorney-General, 539 — Chief Justice, 592 INDEX. 697 Green, F. W.— Continued. his opinion on the case of Crown e. Tarrant, 562 member of the Legislative Council, 616 resignation of, as acting attorney-genera], through ill-health, 629 resumes acting attorney-generalship, 604 takes the bench as Chief Justice, 597 . GREIG, CAPT. acquittal of, 124 prosecution of, for assaulting his crew, 121 GREY, LORD. See Secretary of State ; Supreme Court. GRIFFIN, COL. See Army. GULNARE, THE. - revolt of coolies on board, 429 GUTZLAFF, DR. death of, 304 departure on leave, 256 his career, 256, 304 the fortune he left, 504 TAKKA. See Buccaneering. HALY, CAPT. first acting superintendent of police, £1 HARBOUR. harbour master and marine magistrate styled, master, 48 port a bad name amongst shipmasters, 242 regulation of boats and junks, 41 warning of government to boat people witnessing offences to render assistance, 461 “HARBOUR DUES. See Hongkong. HARRIS, LIEUT. acting harbour master aud marine magistrate, 646 HARROWBY, EARL OF. See Straits Guardian, The. HARVEY, F. succeeds A. R. Johnston, 326 HASTY LEGISLATION. effect of, and opposition by natives to local laws, 69 See also Legislation. HAWES, mu. v., Ma. See Ordinances. HAYTHORNE, COL. See Army. HAZELAND, F. I. admission of, as au attorney of the court, 466 daring robbery with violence on, 478 joins Mr. Cooper-Turner as partner, 465 HERALD, THE. murder of captain, officers, etc., of, 324 HEYCOCK, R. C. conviction of, for setting fire to the American ship hone, 324 death of, 325 698 INDEX. HICKSON, J. J. appointed first crown solicitor, 411 deputy sheriff, coroner, aud Queen’s proctor, 411 resignation of, 411 returns to England at his own expense, 411 Sir John Bowring’s reference to, on suspension of Mr, Anstey, 518 HILLIER, C. B. accompanies Sir J. Bowring to the north, 353 acting Chief Justice Campbell directs jury to nou-suit case of Portuguese against, 198 , magistrate, 97 — sheriff and police magistrate, 86_ — under orders of the @xecutive, 128 action pending against him, 149 appointed assistant magistrate, 24 — coroner, 82 asks the Chief Justice for a memorandum of the evidence he is to take down, 879 assistant magistrate at Chuck Chu, 49 a zealous officer, 147 before Chief Justice Hulme, 110 case of Portuguese against, 193 Chief Justice Hulme grants the Portuguese every facility in their case against, 210 claims the protection of the court against Mr. Anstey, 379 comments upon, as a magistrate, 104 confirmed as chief magistrate, 117 considered not qualified as chief magistrate, 140, 149 death and career, 383, 3884 departure on leave, 89 discharging duties devolving upou Chief Justice and jury, 231 discreditable opinion held of, 225 extraordinary conduet of, in the case of Duncan and Jenkins, 109 gazetted a member of the Executive Council, 348 guided by the executive, 225 his account of the gaol in 1855, 643 — action in the case of McSwyney against his wife, 213 — application to restrain the attorney-general, 379 —- departure for Siam, 383 — illegal sentences of whipping, 149 — knowledge of Chinese, 134 — merits, 147 — rapid promotion and what it was due tu, 147 ~- submissive acquiescence to the executive, 149 -- testimony as to value of a Chinese oath, 283 how Mr. Anstey characterized depositions taken by, 878 incapacity of, 124, 128 joint coroner with Mr. Holdforth, 213 major Balfour eulogizes, 1384 ——- Caine on, being almost like a child of his own, 147 member of the Legislative Council, 332 new trial granted in the Portuguese case against him, 210 no confideuce in, 225 -- insinuation against, 225 on the apathy of the Chinese, 332 originally mate of a merchant ship, 104 partly relieved of responsibilities, 130 INDEX. 699 Hirer, C. B.— Continued. proceeds to England on leave, 327 —-~ Shanghai on leave, 307 promoted consul at Siam, 383 public opinion of, 111 recording officer to criminal and admiralty court, 34 refuses access to prisoners in debtors’ gaol, 88 resigns office of sheriff, provost marshal, ete., 130 return from leave, 331. scene between him and Mr. Anstey, 378 Sir J. Bowring’s reference to, on suspension of Mr. Anstey, 517. sued for damages for unlawful extradition of Portuguese, 106, ]07 verdict in his favour in the Portuguese case, 211 See also D’ Assis, Pacheco, and De Mello, Case of ; Duncan-Jenkins Episode ; Hulme, J. W. HOLDFORTH, C. J. acting assistant magistrate, 97 an adventurer from Sydney, 277 appointed coroner, 89 ———— sheriff, provost marshal, ete., 130 complaints against him, 150 departure on leave, 276 deputy sheriff, 92 further charges against him as sheriff, 209 gives the sheriff’s sales to Mr. Duddell after withdrawing same from Mr. Markwick, 511 : his auctioneer, Duddell, and the barque Lowisa, 277 — dishonesty, 276 — malpractices reviewed, 278 — unenviable notoriety, 278 “joint coroner with Mr. Hillier, 218 marshal of the admiralty court, 123, 180 money-lending by, 422 resignation of, 279 suspicions of collusion between him and his auctioneer Duddell, 277 IIOMICIDE, LAW OF. See Jury. HONGKONG. a buccaneering raid, 638 account of taking possession of, by Capt. Sir Ed. Belcher, R.N., 4x acolony, 20 © affairs of, before Parliament, 581, 588, 638, 641 afree port, 12,179 | annual parliamentary vote discussed, 290, 304 anonymous letter in The Straits Guardian on, affairs, 447 apathy of home authorities as to representations of associations on, affairs, 641 a place of trial for British offenders in China, 43 A. R. Johnston assumes charge of, 9 attempt to poison the community, 414 bad characters leave the Colony, 127 ceded in perpetuity, 15, 16 cession of, 3 charter of, 20 Chinese warned of cession of, 5 city known as ‘ Queenstown,’ 21 —- named ‘ Victoria,’ 20 700 INDEX. Honexone,— Continued. community ask for amalgamation of legal profession, 480 comparison drawn between, and Chusan, 88 trial of cases in, and Singapore, 287 7 condition of affairs consequent upon relations with China, 495 criminal and admiralty court from Canton removed to, 18 early history of, 88 expenditure and parliamentary vote, 75 fear of disorder during absence of troops, 137 governed by such laws as Her Majesty may see fit, 15 grievance of the Colony in being burdened with combined offices of gov- ernor, ete., 323 grievances in The Times, 583 harbour dues to be as light as possible, 179 home rejoicings on conclusion of peace, 15 indignation in, at surrender of certain Portuguese, 106 inseeurity felt by the community, 412 in the House of Commons, 290 justice in, 220 lawless characters in, 69, 88 ‘libels which had so long poisoned the very atmosphere of the Colony,’ 621 lieut.-colonel Malcolm, colonial secretary of, 24 lighting of the town, 53 Lord Aberdeen’s commercial policy as to, 179 more maladministration in, 633 only crown colony wherein principle of crown colony not recognized, 219 petition to House of Lords on affairs of, 641 police precautions during absence of troops, 137. progress of, after occupation, 11, 12 reason why, was selected, 131 ‘reduction of colonial expenditure, 258 regulations for port of, 9 return of troops to, from Canton, 187 song of “ You may go to Hongkong for me,” 584 superintendency of trade removed from Macao to, 12 taken possession of, 47 the first British settlement in China, 1 — governor and the governed at sixes and sevens, 407 ‘the noisome scandal of the East,’ 405 the whole society of, convulsed in quarrels, 394 — year 1858 a memorable one in dark pages of history of, 570 See also Addresses to Officials; Administration of Government ; Administration of Justice; Chinese; Crime ; England ; House of Commons ; House of Lords; Law Society; Libel; Se- cretary of State. HOPE GRAHAM, LIEUT.-COL. See Anny, HOSPITAL. See Lock Hospital. HOUSEHOLDER. See Door Lamps. HOUSE OF COMMONS. ask for recall of Sir J. Bowring, 581 colonial retrenchment discussed in, 245 discussion in, respecting Mr, Anstey and re Caldwell, Ma Chow Wong, and Dr, Bridges, 581 evidence before sclect committee in The Times, 178 . INDEX. HovsE or Commons,—Continued. evidence of capt. Balfour before, 134 -— lieut.-col. Malcolm before, 131 motion of Dr. Bowring as to consular appointments, 24 Registration Ordinance, 68 Sir G. Staunton as to administration of justice in Hongkong, 20 Mr, Edwin James brings Mr. Tarrant’s case before, 622 _ moves for production of paper on Hongkong affairs, 588, 638 report of the select committee of, 131, 172, 178 select committee of, to inquire into condition of British commercial rela- tions with China, 131 the Compton Case in, 118 —- quasi-tax on prostitutes before, 133 See also Anstey, T. C.; Bowring, John ; Church; Elliot, Capt. C.; Flogging ; Graham, Sir James; Hongkong; Land; Ma- theson, A.; Ordinances ; Registration. HOUSE OF LORDS. ask for recall of Sir J. Bowring, 581 discussion in, respecting Mr. Anstey and re Caldwell, Ma Chow Wong, and Dr. Bridges, 581 petition to, by the Newcastle Foreign Affairs Association, 639 HUFFAM, F. 8. ‘appointed deputy registrar, 647 clerk to the Chief Justice, 657 HULME, J. W. abused owing to non-opening of Supreme Court, 59 addresses of sympathy on his suspension, 160 a general favourite in Hongkong, 155 an acquisition in Hongkong, 161 — associate of Mr. Joseph Chitty, 487 anecdote relating to, and the ‘black cap,’ 430, 580 anticipates a pension, 592 an upright and independent judge, 125 appointed chief justice, 47 arrival in Hongkong after being reinstated, 199 — of, 47 attorneys present him with a gold snuff-box on his suspension, 163 a victim of persecution, 166 career reviewed, 656 . . charged by Mr. Anstey with having exceeded the bounds of temperance, 386 charges against, malignant falsehoods, 197 comments upon the severity of his sentences, 656 comparison drawn between, and Chief Justice Jefferies, 156 Governor Davis, 200 complains to jury he has not been allowed to see the indictments, 146 compliment to, 222 confidence of the Chinese in, 455 . community in, 226 contrast between, and Chief Justice Smale, 553 criminal sessions not held owing to his illness, 370 criticized for granting bail to Ma Chow Wong, 445 death of admiral Collier while staying with him, 259 | INDEX. Hume, J. W.— Continued. death of his daughter, 66 deeorons behaviour of, 553 deep feeling of respect for, 199 departure after suspension, 166 — on leave, 321, 343, 592 disagreement between, and Governor Davis in the admiralty court, 139 disgrace on his accusers, 197 disregard by, of Governor Davis’ request to confirm conviction in Cone ton case, 137 drudgery of a small debt court imposed on him, 226 Dublin University Magazine on, 161 early retirement in view, 605 esteem in which he was held, 657” eulogized, 125 favourably spoken of, 81 ° fighting a libellous charge by Governor Davis aided by major Caine, 628, gained the respect and esteem of the community at large, 156 general sympathy with, after suspension, 166 governmentinotification as to suspension of, 160 — restoring him to office, 199 Governor Davis’ nominee as his temporary successor, 161 —— —uncalled for strictures on, re the Compton case, 119 —unfair criticism of his decision in the Compton case, 116 ———— vindictiveness as to, 147 he is pensioned, 655 his action consequent upou magistrates committing paltry cases for trial, 128 — death, 657 -- decision in favour of Mr. Hillier in the Portuguese case, 211 Murrow v. Stuart affirmed by the Privy Council, 829 — departure regretted, 592 — dilatoriness, 656 — fall from horse-back, 209 ~~ gift of law books to the Supreme Court library, 161 -— position as a member of the Legislative Council, 592 -— previous carcer, 48 -- quick return after suspension, 199 — residence and the sale of his furniture, 592 ~~ surprise at const refusing counsel to appear, 332 — snspension a public calamity, 161 —— wife, 48” — works, 487 ilInoas of, 304, 809, 366, 867, 370, 394 informs Mr. Bridges “the Court does uot sit as a consulting surgeou,” 341 interference with his sentences, 319, 466 judge of the vice-admiralty conrt, 95 manifestation of good will towards, 395 member of the Legislative Council, 49 Mr. Anstey objects to his taking the bench at noon, 394 on the mode of swearing the Chinese, 310, 314 — ‘superfluous piece of legislation,’ 572 pension allowed him, 656 popularity of, 209 press notices ‘relating to his family, 657 public expression of regret at his receiving no honorary distinction, 343 ——~ reparation made to him by Mr, Anstey, 387 INDEX, 7038 Huume, J. W.— Continued. recommends that Mr. Caldwell be re-engaged as interpreter, 381] reference to, by Chief Justice Smale as ‘a great man of the past,’ 6572 reinstatement of, 197 representatives of ‘the late Chief Justice Hulme’ advertized for in The Times, 449 retaliates on Governor Bonham, 319 return from leave, 331, 358 robbed of his gold snuff-box, 256 suspension of, 155 taken to task, 455 takes the bench at noon owing to ill-health, 394 the local press on, 654, 655, 656 — most ‘trying period of his long service in Hongkong, 592 tone of public opinion at the time of his suspension, 221 trial of Martinho and Los Santos for stealing bis snuff-box, 265 unfounded charge of drunkenness preferred against him by Governor Davis, 155 valedictory addresses to, on proceeding on leave, 344, 315 —— notice of, 199 —— opinion of, 406 what it cost him to keep up his library, 489 See also Compton Case, The; Davis, J. F. IILUMILIATION, DAY OF FAST AND. Sce Church, HYMN OF THANKSGIVING. See Bowring, Jolin. IDENTIFICATION. See Chinese. IELUSTRATED LONDON NEWS, THE. Dr. Bridges’ signboard recommended to, 552 upon the weakness of Sir J. Bowring, 470 See also Chui Apo. IMPRISONMENT. effect of substituting, for flogging, 142 INCENDIARISM. say ait an incendiary fire, 429 frequent attempts at, 471 See also Heycock, R. C. INDIA. government of, pass Act XI of 1847 authorizing transportation to the Straits Settlements, 145 INDICTMENTS. cases breaking down through flaws, 263 escape of the guilty, 262 flaws in, 262, 274, 289 power to amend on trial, 274 wrongly laid, 262 See also Cases. INFORMER. services of, 192 See also Too Apo. INGLEFIELD, ADMIRAL. See Navy. 704 INDEX. INGLIS, A. L. acting Registrar-General, 86, 127 ; . appointed harbour master and marine magistrate, 537 —— ‘Governor of the Gaol,’ 428 assistant police magistrate, 89 departure of, 601 his account of a triple suicide in gaol, 537 proceeds to the gold fields of California, 244 resigns registrar-generalship, 244 return from leave, 206, 646 See also Prison. INGWOOD, C. convicted of murder, 84 his execution with Chan Afoon, 85 the first European hanged in Hongkong, 85 See also Executions. INQUEST. See Coroner; Prison. INSOLVENCY. See Supreme Court. INTEREST. See Civil Service. INTERPRETATION. a disgrace to the Colony no local system of cducating interpreters, 648 a public scandal, 327 article in Blackwood’s Magazine, 10 criminal sessions end abruptly owing to want of, 381 disgraceful state of affairs as to, 223 dismissal of Tong Achik, police court interpreter, 308 government in a dilemma for interpreters, 362 great care in, advocated, 81 interpreters not eligible for consulships, 294 in the courts discussed, 327 , jury object to, of Tong Achik, comt interpreter, 294 Malay, Hindustani, and Portuguese interpreters advertized for, 284 more defective than ever, 595 no Chinese interpreter in court till late in the afternoon, 375 — permanent interpreter attached to the supreme court, 235 question of, assumes a practical form, 347 rule of court admitting interpreters in the supreme court, 182 scholars eschew the Canton dialect, 294 suggestion that boys in public schools be specially trained, 327 supernumerary interpreters attached to consular establishments increased, 340 the jury and Mr. Austey upon defective, 463, 464 -— question of, treated, 464 —- repetition of an old complaint, 294 Tong Achik found unfit, 294 want of interpreters in the supreme court, 223 Yung Awing, articled clerk to Mr. Parsons, objected to as an interpreter of the Court, 388 See also Assow ; Caldwell, D, R.; Canton ; Chinese ; Consulates ; Contempt of Court; Foreign Office; Hulme, J. W.; Jury; King’s College, London ; Marques, J. M.; Police; Supreme Court ; Tong Achik; Tong Aku; Translators. ‘SRE INDEX. INTESTACY. administration of intestates’ estates, 15, 74 IRISH. See Supreme Court. IRWIN, REVD. J. J. See Church. JACKSON, R. B. vice-consul for China, 55 JAMES, EDWIN. See House of Commons. JAMSETJEE JEEJEEBHOY, THE SIR. fitted out to commit hostilities against subjects of China, 633 JAPAN, letters patent of the 30th January, 1860, investing Supreme Court with jurisdiction originating in, 647 order-in-council for exercise of jurisdiction over British subjects in, 631 JARDINE, D. elected first member of the Legislative Council, 261 his death, 407 JARDINE, J. member of the Legislative Council, 427 resignation and death of, 652 JARDINE, MATHESON, & CO. case against Mr. Murrow for libelling Sir J. Bowring re, 467 threats held out to Chinese as to purchase of certain lands, 363 e See also Elliot, Capt. C.; Land. JARMAN, J acting superintendent of police, 600 appraiser of the supreme court, 430 JENKINS. See Duncau-Jenkins Episode. JERVOIS, MAJ.-GEN. See Army. JOHNSTON, A. R. ‘ appointed deputy superintendent of trade, 9 assistant and registrar to chief superintendent of trade, 24 departure, 327 his career, 327 in charge of Hongkong, 9, 10 retirement from the service, 326 JONES. See Gibbons, Jones, and Williams. JUDGE. See Puisne Judge. JUDICIAL DECISION. See Assault, JURISDICTION. See Administration of Justice; Chinese; Consular Jurisdiction ; Magistrate } Suprenie Court ; Writ of Capias, JURY. a Chinaman agaiu upon the, list, 578 — coroner’s jury upon the Malay and Javanese law of homicide, 306 - juryman upon the practice of “ cutting off a cock’s head,” as part of an oath, 310 approve of Chief Justice Hulme taking the-bench at noon as a protest to Mr. Anstey, 394 a protection, 125 05 INDEX. JuRY,— Continued. complaint of, that eazes affecting public decency committed for trial, 326 complain to the chief justice of trivial cases committed for trial, 128 criticize mode of swearing Chinese, 310 first trial by, in China, 37 inconvenience to, in the Admiralty Court, 201 leaving the court without permission, order of court, 601 libel upon the, by Mr. Anstey, 392 more labour thrown on petty, than on special, 303 Mr. Anstey’s estimation of the special, 405 on defective interpretation, 463 — the unsatisfactory manner in which the Chinese are sworn, 310 payment of fees to, 562 petty, memorialize the Governor, 303 practice of kecping, when not in the box, 395 protest against a defendant being prosecuted for perjury, £62 rule of court to be observed iu the drawing of a special jury in civil cases, 629 the case of Mr. Buchanan, 201 —- position of a juryman, 579 See also Administration of Justice; Austey, T. C.; Cheong Ahlum; Chinese ; Coroner; Hulme, J. W.; Oath ; Sterling, P.I.; Wong A Shing. JUSTICE. See Administration of Justice. JUSTICES OF THE PEACE. appointment of, 25, 91, 280, 231, 348, 863, 652 co-operate to perform magisterial duties during disturbanves, 412 demands and grievances, 243 deputation to the governor, 243 differences between the governor and, 406 dismissal of a crown case by, 399 error in oath of, 25 fresh list of, 242 honorary, considered more satisfactory, 104 mandamus granted against, 399 Messrs, Jardine and Edger clected by, to the Legislative Council, 261 mode of selecting, objected to, 322 Mr. Anstey’s name removed from list of, 513 no dearth of, 231 opposite construction given by, to the opinion of the attorney-xeneral, 399 protest against any iuterfereuce with their duties, 440 public meeting by, 406 refusal to interfere in coutroversy between Mr. Anstey and Mr, Caldwell, 502 revocation of commissions, 25 rupture between Sir J. Bowring and, 401 scale of fees in proceedings before, 266 , Sir J. Bowring’s memorandum to, 399 summary jurisdiction of, extended, 146 See also Anstey, T. C.; Army ; Magistrate ; Police. KEENAN, CONSUL. comunittal for trial, 364 his eccentricity, 364 local acrimony against his behaviour, 364 rescues a prisoner, 363 INDEX. 707 KELSO, THE. See Cousens and Neill. KEPPEL, CAPTAIN, his action to secure release of Mr. Summers at Macao, 245 See also Macao; Summers, J. KING’S COLLEGE, LONDON, a professor of Chinese appointed, 347 Mr. Summers appointed to, 347 See also Fearon, S. KINGSMILL, HENRY. acting attorney-general, 439, 592, 629 appointed a justice of the pence, and acting assistant magistrate, 471 — to discharge duties of attorney-general at criminal sessions, 366 display of energy, 647 marriage of, 452 Mr. Day chosen attorney-general in preference to, 513 KINGSMILL, P.C. See Police. LABOUR. government notification regarding persons out of employment, 413 LABUAN. convicts transported to, 440 further convicts sent to, 553 See also Transportation. LAND. a land and road inspector, 14 officer appointed, 27 assessment for maintaining Police Force, deemed a tax upon property by the landlord, 86 as to alienation of, 26, 27 sale of, by holder of grant, 14 balconies and verandahs, 71, 91 Chinese taking possession without grant or permission, 69 clause in leases under which property held in the Colony, 305 crown lands to be offered for lease at moderate rent, 295 committee of investigation, 12 --— to inquire into equitable claims, 28 complaints as to, tenure and high crown rents, 144. despatch of Earl Grey to Governor Bonham, 294 disturbance at a public auction of crown, 363 extension of term of leases, 205, 232 first public notice as to sale of, 7 further instructions to governor as to, 26 government warning as to non-interference with, sales, 363 ground rents, 205 historical sketch of first, sale, 267 inability of lessees to transfer sub-division of lots, 280 land mania, 268 ; landowners petition Earl Grey for abolition of land rents, 178 Lord Aberdeen’s despatch-on, revenue, 179 : —~ Stanley’s despatch regarding land sales and crown leases, 71 mat-houses and sheds pulled down, 69 memorial protesting against, assessment for police maintenance, 86 no reduction in the rate at which, purchased, 177 708 INDEX. Lanp,— Continued. opinion of the attorney-general on inability. of crown lessees to divide their lots in portions, 281 position of landlord and tenant as to police assessment, 86 power of alienating portions of crown, 295 powers of, officer, 27 reduction of ground rents negatived, 258 reply to memorial of residents, 205 report of committee, 37 ——_—— -— to inquire into tenure of, 280 — select committee of House of Commons, 177 sale of annual quit rents, 8 Secretary of State directs all crown, to be sold at public auction, 303 State’s instructions regarding mode of compensation for damage done consequent upon Bowring Praya reclamation, 438 The China Mail and the report of the Committee on tenure of crown, | 280 The Times on Chinese grievances 7e, 178 to be sold at public auction, 26 See also British Subjects ; Civil Service ; Elliot, Capt. C.; Police ; Secretary of State ; Water. LANGLEY, CAPT. case of, for shooting at his crew, 253 LANTERNS. government notification as to, 412 See also Door Lamps. LAW. See Attorney; Bar; British Subject ; Chinese ; England. LAW LIBRARY. cost of Mr. Anstey’s, 489 no contribution by government towards, 487 started by Chief Justice Hulme by presentation of his books, 161 what it cost Chief Justice Hulme to keep up his, 489 LAW OF ENGLAND. See England. LAW PARTNERSHIP. See Bridges, W. T. LAW SOCIETY. correspondence relating to proposed amalgamation of barristers and soli- citors, 457 formation of, 353 heard in Council, 486 memorialize the chief justice against amalgamation, 482 memorial of the, to the governor-in-council against amalgamation, 482 Mr. Parsons disowned by, 491 LEASE. See Land. LEGAL FLAWS. See Indictments. LEGAL PROFESSION. an important point affecting the two branches of the, 302 attorney-general approached upon the question of amalgamation, 455 community petition for amalgamation of, 480 dissatisfaction in respect of, 455 in a way amalgamated, 302 INDEX, 709. LecaL Prorussion,— Continued. a oe practitioners who swing Chinese signboarJs upon the publie road,’ 052 ‘» meeting of the two branches of the, respecting amslgamation, 458 Mr. Kingsmill objects to Mr. Hazeland appearing as counsel in a case ‘ .. wherein his partner is attorney, 629 , the local press upon amalgamation, 49! -—— origin of the memorial for amalgamation, 481 “ —- whole Colony asked for amalgamation, 491 vigorous movement for amalgamation of the two branches of, 480 See also Attorney; Bar; Practitioners-in-Law. LEGAL TENDER. See Currency. LEGGETT, W. H. appointed coroner, 86 clerk to Chief Justice, 86 his death, 89 LEGISLATION. odium attaching to unconstitutional, 238 See also Hasty Legislation. LEGISLATIVE COUNCIL. a history of the, from its conception, 564 appointments of Messrs. Jardine and Edger as members of, approved, 287 —-——_——- to, 24 a seat in the, as a position of honour, 287 complaints as to, 40 constitution of, attacked, 86 —-—— discussed, 80 in 1836, 395 ‘ declares petition of the Hougkong Law Society a fraud upon its privileges, 492 elected legislatures and elements of representation, 234 first admission of unofficial members to, 261 ~— oceasion on which press reporters attend the, 487 —- sitting of, 33 freedom of speech in, 540 justices of the peace ask that, be held with open doors, 406 limited powers of the elected members, 287 materials for popular representation, 234 meeting of, upon the question of amalgamation of the legal profession, 491 : , members of, styled ‘ Honourable,’ 24 motion in, for admission of strangers, 453 of the chief justice respecting publication of proceedings, 467 Mr. Labouchere sanctions a moderate increase in the number of mem- bers, 895 : orders for admission to, issued to the press, 453 popular representation asked for, 217 power to enact laws and ordinances, 23 proceedings of, again asked to be held with open doors, 453 7 protest of the, against the appointment of Mr. Rennie as 4 member, 564 public representation in, 222 reconstruction of, 427 rules and orders of, published, 495 i secretary of state’s approval of estimates being laid before, 395 Sir 1. Robinson’s observations as to constitution of, 616 — 10 INDEX. LEGIsLATIVE CouNnciL,— Continued. Sir J. Bowring’s explanation to, of the ‘distorted. statements” of Mr, Anstey, 542 proposal to make members of, liable for attacks on private character, 540 statement in, upon revelations by Mr. Anstey as to relations between himself and Dr. Bridges, 506 system of representation asked for, 219 the press discussed in the, 653 - excluded from, 616 unofficial members desired, 108 when unofficial members first admitted, 81 LENA, A. acting harbour master, 78 capture of pirates by, 79 suppression of piracy by, 79 LEONG LAO TONG, REG. +. although guilty, he escapes, 262 astonished at being discharged, 262 found © spectator in court next day, 263 LIBEL. a system carried to a great height, 622 costs awarded against the crown in an action for, 561 former position of government in regard to, 654 the society of Hongkong to be protected from reckless, 621 See also Adams, W. H.; Anstey, T. C.; Attorney-General; Bridges, W.T.; Hongkong; Mitchell, W. H.; Murrow, Y. J.; Navy; Tarrant, W. H.; Wilson, A. LIBRARY. See Law Library. LIEUTENANT-GOVERNOR. See Precedence. LIGHTING OF THE TOWN. crime and, 55 favourably commented upon, 91 residents consulted, 53 See also Door Lamps; Lanterns. LINCOLNSHIRE TIMES, THE. on Mr. Adams, 608 LIVERPOOL ALBION, THE. See Anstey, T.C. LOBSCHIED, Mr. ; his knowledge of Chinese, 595 LO CHUN SUN. See Executions. LOCK HOSPITAL, prostitutes and charges against police, 80 LONDON AND CHINA TELEGRAPH, THE. upon the unutterably infamous administration of Sir J. Bowring, 649 LONG AH SAI charged with attempting to drown a European, 451 LOOK AH SONG. See Executions. LORD STANLEY. See Land. INDEX, LORD STANLEY, TAE. Sce Transportation. LOS SANTOS. See Martinho and Los Santos. LOTTERY ADVERTIZEMENTS. penalties attached to, 348 LYALL, GEORGE. member of the Legislative Council, 427 report on the gaol in 1857, 644 resigns his seat in the Legislative Council, 653 LYTTON, SIR E. B. See Anstey, T. C, MACAO. again, 251 British subjects dying in, gaol, 246 Chief Justice Hulme holds, not within jurisdiction of Hongkong, 251 chief seat of the British during the war, 3 doubted as being a Portuguese possession, 466 festival of Corpus Christi and Mr. Summers’ behaviour, 2465 governor of, and the ‘course of law’ in a Portuguese colony, 246 —_———— rights of a British subject, 246 its tenure by the Portuguese, 34 piratical acts by Europeans and Americans, and the goverument of, 316 surrender of fugitive criminals from, 35 tenure of, questioned again, 246 the satisfaction given to Portugal, re Capt. Keppel’s action concerning the lad Summers’ affuir at, 245 _ validity of Christian marriages in, 466 See also D’ Assis, Pacheco, and De Mello, Case of : Hongkong ; Portuguese ; Summers, J. : MA CHOW WONG. allowed to retain his ‘ tail’ after conviction, 447 a notorious pirate informer and suspected imperial spy, 444 attorney-general attributes reduction in piracy cases to conviction of, 461 conspiracy to murder, 50+ his antecedents, 447 — sentence increased, 554 previous trial of, for felony, 445 the free pardon subsequently granted him, 554 transported to Labuan, 554 trial of, for confederating with pirates, 444, 4-15 turned upon the roads, 447 See also Bridges, W. I. ; Caldwell, D. R.; ‘Tong Aku, MACLEAN, ra., CAPT. P. See Army. MADRAS. See Police. MAGISTRATE. accommodation in Court, 236 a, deferring to the will of another, 149 — legally qualified chief, desired, 111, 130, 146 all marine cases save those connected with Chinese heard by, 342 building for the magistracy completed, 11 bulk of criminal cases to be tried by, 224 cases of partiality and subserviency of, 104 censured for committing paltry cases for trial, 111 chief, robbed, 362 comments upon the magistracy, 103 1 id INDEX. Magistrate,— Continued, complaints against marine, 242 constitution of court criticized, 250 costs refused against, 19 court remained Panalter ed, 281 dissatisfaction at civil cases being tried by the chief, 39 duties of the marine, 94 heavy duties of the chic, as regards police and prison duties, 95 inconvenient situation of Court, 237 inefficiency of, 108 inspires no confidence, 146 Lord Brougham’s Act, 146 magisterial powers and authority increased in 1842, 12 mag letieicy a disgrace, 243 . at present day described, 630 ————— — never removed from its present site, 237 Mr. Anstey on the not very creditable state of affairs as to the, 880 —-— Matheson on excessive fines in the police court, 132 no community of feeling between English and Chinese, 93 — hope of amelioration of, under Sir “J. Davi is, 146 public excluded from the court, 225 reforms asked for, 225 refusal by, to issue a fresh summons on behalf of the crown, 399 removal of chief, court, pending repairs, 630 reporters and acoustic arrangements in court, 236 report of the chief, in 1842, “18 rules and regulations for the British merchant shipping and for the marine magistrate, 7,9 é salary of chief, criticized in parliament, 290 still under control of the executive, 243 subserviency to the executive, 125 summary jurisdiction of, extended, 146 taken to task for sending up incomplete cases, 289 temporary removal of magistracy to Pedder’s Hill, 588 trivial cases committed for trial, 90, 128 —_—— —__- —_—-—- heavy punishment, 332 ’ es See also Administration of Justice ; Anstey, T. C.; Appeal; Caine, W.; Evidence ; Executive ; Gambling ; Interpretation ; Justices ! of the Peace ; Supreme Court. MAIDEN ASSIZE. nearly a, 850 MALAY. Sce Police. MALCOLM, LIEUT.-COLONEL, appointed colonial secretary, 2-1 evidence before select committee of House of Commons, 131 his opinion as to effect of ‘tail cutting ? upon Chinese, 132 secretary of legation uuder Sir H. Pottinger, 131 MANDAMUS. See Justives of the Peace. MANILA. See Police. MANNERS AND CUSTOMS. See Chinese. MARINE MAGISTRATE.. See Magistrate, MARKWICK, C appraiser and auctioueer of the Court, 91 INDEX. 715 ‘Markwick, C.— Continued. murder of, 429 See also Holdforth, C. G. MARQUES, J. M. ‘interpreter and translator, 130 MARQUES, Mr. See Carter, Mr. MARRIAGE. the validity of, in China, 466 ‘See also Church. MARTINHO AND LOS SANTOS. trial and conviction of, for stealing Chief Sustive Hulme’s snuff-box, 265 MASSACRE. vet on board the Freuch ship Alberé by Chinese coolies, 292 MASSON, N. R. acting registrar, 354, 429 departure on leave, 647 deputy registrar, 383 MASTIFF, THE. murder of a Chinese boy ou board the American ship, 579 MATHESON, A. on effect of Chinese ‘ tail cutting, 132 — flogging and fines in the police court, 132 — the contribution by the prostitutes, 134 testimony of, before select committee of House of Commons, 132 MATRIMONIAL CAUSES. See Divorce and Matrimonial Causes. MAY, C. ie acting assistant magistrate, 8332, 434, 600 -——— sheriff, and marshal of the vice-admiralty court, 384 acting marshal of the vice-admiralty court, 327, 646 sheriff and coroner, 327 arrival of, as superintendent of police, 75 brings charges i in conjunction with Mr, Anstey against Mr. Caldwell, 539 coroner and deputy sheriff, 411 duties of census and ‘registration officer performed by, 285 his magisterial duties how performed during disturbances, 412 — services given solely to the police during disturbances, 412 Sir John Bowring on. his ignorance of Chinese, 525, the aniariasity display ed towards him, 577 — ‘den’ episode and attack on him, 422 The Straits. Guardian on his qualifications as a police officer, 5255 McGREG OR, F.C... address to, 189 ‘damages recovered against, 204 departure of, 189 Governor Davis’ instructions to, 188 his career in China, 189 — letter to the registrar re Compton appeal, 115 Nuncheong v., 204 See also Davis, J. F. 714 INDEX, McGREGOR, H. Sce Police. McILROY. See Prisoners. McSWYNEY, P. C. admission a6 attorney, 82 advertizes himself, 82 an adventurer from Sydney, 204 — insolvent debtor, 253 ‘ application for the discharge of the writ issued against him, 251 — appointed coroner, 97 charges his wife with larceny, 212 committed for twelve months, 253 conduct as coroner in the Duncan-Jdenkins case, 108 his atrocious conduct as a solicitor, 253 —- Chinese wife Aho, 212 —- death and career set out, 253 —- discharge opposed, 253 —- wife discharged by proclamation, 213 how he was duped into marrying his Chinese wife, 212 incapacity as coroner, 102 irregularities at inquest conducted by him, 109 resignation as deputy registrar, 82 removed from the coronership, 114 tables turned on, 109 . the chief justice takes him to task, 110 See also Duncan-Jenkius Episode. MERCER, W. T. a justice of the peace, 123 — member of the Executive Council, 323, 340 ~ nephew of Sir J. Davis, 170 appointed colonial secretary, 840 — toa seat in the Legislative Council, 170, 207, 236 departure on leave, 425 Dr. Bridges on his friend, 418 extension of leave, 509 his connexion with the buccancering raid, 638 responsible for condition of affairs in the Colony, 563 return from leave, 563 Sir J. Bowring’s perplexity on his extended leave, 509 supports his friend Dr. Bridges, 415 MERCHANT SHIPPING. claims of, to local consideration, 328 prevention of desertion and regulation of seamen, 328 trial and conviction of the sailors Gibbons, Jones, and Williams for murder, 579 See also Arratoon Apear, The ; Caroline, The ; Cousens and Neill ; General Wood, The; Greig, Capt.; Gulnare, The ; Harbour ; Herald, The ; Heycock, R. C.; Hongkong ; Kelso, The; Langley, Capt.; Magistrate; Mastiff, The; Montgomery, Capt.; Aor, The; Omega, The ; Peterson, John; Piracy ; Police ; Privateer, The ; Sir Jamsetjce Jeejeebhoy, The. MICHELL, E. R. acting harbour master and marine magistrate, 296, 338 MILITARY. See Army ; Executive Council. INDEX. 715 ' MIRANDA, LIEUT. See Portuguese. MISPRISION OF FELONY. a by-stander for not rendering assistance charged with, 334 MITCHELL, W. H. acting chief magistrate, 327, 384, 600 admonished by the Chief Justice, 340 advises prisoners to write to their friends to pay for certain charges, 390 an able man, 646 anxious to secure permanently the chief magistracy, 646 appointed assistant magistrate, 276 case against Mr. Anstey, the attorney-general, for libel, by, 402 confirmed as assistant magistrate, 279 departure on leave, 332, 434, 645 divorces his wife, 333 editor of The Hongkong Register, 277 he is acquitted of Mr. Anstey’s charges of extortion, 393 his career reviewed, 646 — claims for government employment criticized, 277 —- construction of the Buildings and Nuisances Ordinance, 398 — return to duty after his divorce suit, 350 — review of commercial affairs in China, 646 Mr. Anstey files a criminal information against him for a misdemeanour, 389 —-— Anstey’s speech in the case against, 404 refuses consul Keenan a seat on the bench, 364 replaces Mr. Hillier who accompanies Sir J. Bowring north, 353 return from leave, 448 scene between him, Mr. Hillier, and Mr. Anstey, 378 temporary absence on sick leave, 471 war of mutual attack between him and Mr. Anstey, 391 MOLESWORTH,.SIR WM. Sce Anstey, T. C. MONGAN, Mr. statement that Dr. Bridges told him to burn the papers in re Ma Chow Wong, 561 MONTGOMERY, CAPT. assault on, of the Pestonjee Romunjee, 334 MOR, THE. leaves for Penang with convicts, 198 MORESBY, W. permitted to defend a prisoner in court, 276 MORGAN, E. appointed marriage registrar, 322 his death, 322 MORNING ADVERTISER, THE LONDON. a mean attack upon Chief Justice Hulme, 405 on the result of Mr. Anstey’s case against Mr. Mitchell, 405 MORNING HERALD, THE. & paper with which Chief Justice Adams intimately associated, 590 on Sir. John Bowring and the discreditable state of affairs in Hongkong, 589 Anse 716 INDEX. MORRISON, G. S. departure on leave, 467 MORRISON, J. R. a distinguished man, 256 death of, 29 MUNICIPAL. a system of, government asked for, 217 Earl Grey’s reply to application for, government, 259 See also Police. MURROW, Y. J... action for assault and false imprisonment, against Sir J. Bowring, 568 addresses the Earl of Harrowby on his grievances, 447 afflicted with ‘ Bowring-phobia,’ 469 anonymous letter in The Straits Guardian attributed to, 447 as a ‘victim’ of Chief Justice Hulme, 656 claims damages against Sir J. Bowring on his release from prison, 470 complaint against Mr. Anstey, 421 conducts his paper in prison, 469 ' convicted of libelling Sir J. Bowring, 469 in prison his attacks on Sir J. Bowring continue unabated, 470 the case of the crown against, for libelling Sir J. Bowring, 467 See also Illustrated London News, The. MUTINY. See Transportation. NANKING. a English law introduced by treaty of, 23 treaty of, 15 NATIVE LAWS. See Chinese; Jury. NATIVE MANNERS AND CUSTOMS. See Chinese and references therefrom. ? NATIVES. See Chinese ; England ; Hasty Legislation ; Registration. NATURALIZATION. See Aliens, Naturalization of, ' NAVY. address and presentation of plate to admiral Seymonr, 587 admiral Austen succeeds adiniral Collier, 293 Cochrane brings an action against Tie Friend of China for libel, 83 Dowell as a midshipman, 4 Hope succeeds admiral Seymour, 588 Inglefield succeeds admiral Cochrane, 121 —— Parker made a K. G. C. B., 16, 18 presented at the Queen’s levée, 78 Pellew’s appointment criticized in The Times, 335 Pellew sueceeds admiral, Austen, 385 Seymour records his sense of Mr, Caldwell’s services, 587 ———__—-—-—— succeeds almiral Sterling, 342 - Sterling suaceeds admiral Pellew, $41 arrival of admiral Inglefield, 143 Parker, 10 ey in England, 49 —~ Seymour, 342, 385 captain Sir Ed. Belcher’s book, 4 commodore Plumridge in command of the fleet, 198 station, vice Inglefield, 199 -_——- Sir J. G. Bremer appointed joint-plenipotentia-y, 9. INDEX. 717 Navy— Continued. complaints of admirals as to venereal-disease in Hongkong, 44% death of admiral Austen, 320 — Collier, 259 Sterling, 342 departure of admiral Cochrane, 121, 148 —~—_—_—— —— Pellew, 341 Seymour, 587 desertion in Her Majesty’s naval forces, 823 destruction of pirates by admiral Pellew, 335 execution of a private of the Royal Marines for mnrder, 553 how admiral Seymour lost an eye, 385 mutiny on board H.M.S. Winchester, 341 ' promotion and pension of admiral Parker, 49 recall of admiral Pellew, 341 resignation of admiral Sterling in consequence of ill-health, 385 See also Executions ; Hongkong ; Ingwood, C.; Piracy ; Tail Cut- ting. NEILL. See Cousens and Neill. NEWCASTLE. meeting at, and fresh petition to the Queen upon Hongkong affairs, G01 respecting Hongkong affairs and Mr. Anstey, 581 petition to the House of Lords respecting Hongkong affairs, 581 See also Sheffield. NEWCASTLE, DUKE OF. cautions the governor “against stirring up again all that mass of mud which encumbered society in Hongkong,” 642 on the transactions at Hongkong, 639 a7 — what had been done to purify Hongkong, 643 NEWCASTLE FOREIGN AFFAIRS ASSOCIATION, condition of Hongkong twice brought before Parliament by, 639 convict Sir John Bowring of falsehood, 535 letter from, to the Duke of Newcastle, 650 petition to House of Lords by the, 639, 640 protest against Mr. Anstey’s treatment as compared with Dr. Bridges and Mr. Caldwell, 650 NEWMAN, Mr. 2 o acting harbour master and marine magistrate, 601 death of, 646 A NEWSPAPERS. See Press. NEWTON. See Burke and Newton. NIGHT PASSES. government notification as to, 412 hours reduced, 495 time limited, 601 NISI PRIUS. See Supreme Court. Z NUISANCES. a a abatement of, 304 2 NUISANCES AND BUILDINGS ORDINANCE. forty-four persons summoned by Mr. Anstey, 408 heart-burning in the community at time of promulgation of, 398 heavy: fines and committal to prison for contraventions, 408 Mr, Anstey devotes himself to working of, 408 718 INDEX. OATH. a considerable per quisite to court keepers, 296 amongst Christians, 275 — the heathen, 275 breaking of a saucer by a Chinese female witness, 99 burning a piece of joss paper, 307 by cutting off a cock’s head recorded, 284 coremony of cutting off a cock’s head as part of an, 283 cock birds at a premium, 296 custom as to native, in the Straits Settlements, 284 ‘cutting off a cock’s head,’ 296 evidence of Ching Kum Cheong upon the Chinese form of, 311 farce of burning paper in relation to Chinese, 401 how Chinese were sworn in Hongkong, 283 Lord Brougham and Chinese, 99 mode of swearing Chinese witnesses in early days disclosed, 312 Mr. Sterling suggests a simple affirmation in lieu of, 312 no oath in Chinese courts, 312 of attorneys, 65 paper burning as part of an, 310 refusal by the court to depart from usual routine, 284 simple declaration introduced, 315 sworn by ‘ burning paper,’ 283 testimony of Mr. Hillier as to Chinese, 283 the Chinese and the obligation of an, 275 —- first form of, recorded, 296 various forms of, in use amongst Chinese, 3tl See also Anstey, T. C.; ; Perjury. OBNOXIOUS TRADE. carried on to the annoyance of the publie, 305 ODELL, REVD. M.C. See Chureh. OFFENDERS. See Arrest ; Chinese. OMEGA, THE. See Piracy. OPIUM FARM. See Acqui; Piracy. OPIUM MONOPOLY. . discredit to the Colony ve controversy, 473 report of committee re controversy, 473 ' See also Anstey, T. C.; Bridges, W. 'T. ORDERS-IN-COUNCIL. See Royal Orders-in-Council. ORDINANCES. bear colonel Caine’s name in 1854, as lieutenant-gov ernor, 354 draft of, published, 224, 233, 250, 406 first published in Chinese, 467 Mr. Hawes, Mm. P., on the average disallowance of Colonial, 234 Registration Ordinance in abeyance, 255 No. 1 of 1844 evade 85 | No. 18 of 1844 sevens 338, 839 ee Aras 653, 654 — 15 .. 23, 60, 136 am Bie 37 / — id, S. Bere 20, 132 mg sesees 55, 318 | —id. 8. 10.0006. 74 — id. ay Lennie OY | — id, 8.8, 25,2781 =o:6 v1 40, 60,188 | — 16 senezs A5y 66, G7 — 10 santee 20 os Tee seas BL — id. 8.25 ... 103, 132 =< 18 ssesee 69, 73 mm TL misses 89 —19 veces 89 — 1% ate TE | DI Piives Th INDEX. Onvinances,— Continued. No. Lof1845 73, 93,255 |No. 2 of 1856 a a T—ee 85 — 3 —- 6— _.... 24, 60, 367 | — 5 ~-id. BD dvecin 371 — id. — id. ~-—— 5.11... 74, 448 — 6 — id. s.23 ... 136. —- 7— ee 307 — 8 meee | Boe 81, 233, 335] — 10 — id. Bi, diceaais 307 +} — 13 ———- — JO eee 89, 173 — 14#——— — TL eee 89 — id, ——_— — 12 en. » T4, 255 — 15 —— 14 ———— rss. 304 — id. — tl. gs. 2,3 1238 No. 2 of 1887 — id. 8. 2 (12.) 305, 431 me No. 2 of 1846 cases 24, 61 — 6 a rT 1138 —- 7—— ee 108, 111, 168,! — 12 366 eT ee —eee 69, 73, 126,;No. 1 of 1858 172, 255 — 2 No. B8o0f 1847 — ..eeee 173 SOP ae cee. “aig 146, 12748) i 224, 225 —- 5—— — id, SiO wssene 150 — td, S$. 7 v0e000226 . / No. 10f 1849 — -.4.+.:230, 250, 258] — § ——— ee eee 237, 258 -~ id, ———. — 4 ————— eee 307 -- 10 ——— No. Lof 1850 case 264, 274 — id, ——— Bese, caseeee 260, 276 - = — Bites 294 —12— No. lof 1851 — ccceee 295, 300 — id. ——— — 2 diseaee DOL -- 13 ——-- Bese. Hae 308, 307, 308 ‘ No. lof 1852 assess 322 No. 1 of 1859 Discs 323 — 2-—- —— Been 325 -— §—— -- 4 seen O20 -- 6 —— a i er 327 No. 1 of 1860 — 6 - eoees 328 PD No. lof 18538 — sssoee 337, 429 — 4—— ee 838, 339 a- 5 —- No. 1 of 1854 ween DAD —_— 7j—— Deel ieatiena 354, 543 = 6 sees etn 300 -- 11 =— jae 355 —I14 = Geant 855 -—— 16 No. lof 1855 =... 858, 367 No. 6 of 1862 De 367 No. 12 of 1873 — 6 wees B67 No. 16 of 1874 — 6 ———veveee 867, 543 No. 1 of 1881 — id: 8. 19.,....3815 No. 18 of 1887 No. 1 of 1856 wee BOT No. 8 of 1895 See alsn Attornev : Consular Ordinances, 3.8 8.3 sevens 386 cages 412, 418 562 ind 339, 430 aeceee aeeoes eecone 315 448 453 467 460, 467, 599 000455 471,548,545, 571, 573, 574, 647 -570 seesesOZl 479 671 466 460, 494, 599 winees597, 629 ss0000546, 547, 571, aperne ov 645 «5 315, 645 605, 646 578, 574 574, G47 ee 24n, 616, 655 an 231 719 20 INDEX. PALMERSTON, LORD. his fine revenge and Mr. Anstey, 395 See also Compton Casc, The. PAOUCHONG. See Chinese. PAOUKEA. See Chinese. PAPER BURNING. See Oath, PARKER, ADMIRAL. See Navy. PARKER, N. D’E. admission of, as an attorney, 97 advertizes himself, 97 appointed coroner, 11+ crown prosecutor, 108, 168 arrival of, 97 case of piracy against, dismissed, 249 charged with piracy, 248 death and career, 256 departure of, 255 explains his conduct re the piracy case, 250 on the complaint as to attorney’s charges, 218 — want of interpreters in the Supreme Court, 223 proctor in admiralty, 124 resignation of, as coroner, 213 PARKER, W. DE. acting proctor in admiralty, 255 admission as an attorney, 250 relinquishes acting proctorship in admiralty, 290 PARKES, HEH. 5. acting consul at Canton, 331 PARLIAMENT. Sce Flogging ; House of Commous ; House of Lords. PARLIAMENT, ACTS OF. See Statutes. , PARSONS, AMBROSE. appoints Mr. E. H. Pollard as his agent in Hongkong, 646 before the Legislative Council, 489 death of, 646 ; denial of certain attorneys as to Mr., represeuting theni, 491 departure for England, 646 disowned by the Hongkong Law Society, 491 his clerk as an interpreter of the court, 388 ordered to withdraw from the legislative council, 491 upon the amalgamation of the legal profession, 187 PARTNERSHIP, LAW. . See Bridges, W. T. PAUPER. See Vagrancy. PAWNBROKERS. attempt a demonstration, 495 complaint of, against the Police, 328 conviction of two Chinese for lareeny and receiving stoleu property, 465 deputation of, to Governor, 328 heavy sentence of transportation against, for receiving stolen property, 465 report of committee as tu presents offered for mitigation of sentence, 508 N “I b feat INDEX, PEACE, TREATY . See China. PEDDER, LYIEUT. . appointed ee ee and marine magistrate, 9, 24, 48 death of, 342 departure on leave, 78, 295 his threefold duties, 242 return from leave, 92, 327 PELLEW, ADMIRAL, See Navy. PENALTIES. governor heretofore no power to remit, other than due to crown, 653 PENANG. See references from Straits Settlements. PERCIVAL, A. a member of the Legislative Council, 652 PERJURY. although first trial for, not first eenaes 284 first prosecution for, in Hongkong, 283 opinion amongst Chinese offence not punishable. 283 question of Chinese oaths raised on a trial for, 309 two Chinese witnesses committed for, 376 See also Anstey, T. C. PERKINS, G. Chun Cheong She quick with child, 349 Chun Chuen Tai’s attempt to bribe the turnkey before execution, 350 conviction and sentence to death of Chun Chnen Tai and his wife Chun Cheong She for mnrder of, 349 execution of Chun Chuen Tai, 349 free pardon to Chun Cheong She, 360 murder of, an American, 349 sentence ou Chun Cheong She commuted, 349 PETERSON, JOHN. murder of, of the Coreyra, by Malay sailors, 319 PETTY SESSIONS. See Administration of Justice; Justices of the Peace ; Magistrate ; Supreme Court. PIRACY. action against captain Coates by discharged pirates, 98 a piratieal boat flying the English flag, 316 capture by pirates of a Chinese vessel under cony oy of a sloop-of-war, 17 of pirates by captain Coates, 98 H.M.S. Inflexible, 239 case against captain Cole and crew of the Speec,-206, 209 cases in 1844, 55 charge of, agiinst boatmen in employ of opium farmer, 95 Chimmo Bay, 139, 174 Chinese decline co-operation in putting down, 17 conviction of Sinclair for, 84 Wm. Fenton, the English pirate, 317, 318 daring atin on the Privateer opium ship, 97 destruction of pirates by admiral Pellew, 335 flourishing, 128 horrible murder of a Portuguese officer, 316 in 1842, 17 in neighbouring waters, 239 bo INDEX, Pinacy,— Continued. i Mr. N. D’E. Parker and twenty-nine @hinese charged with, 248 murder of captain, officers, and erews of Caroline and Omega ships, 139 Ordinance No. 3 of 1847 for prosecution of, disallowed, 173 pirate fleet of Shap Ng Tsai destroyed, 264 pirates captured by H.M.S. Reynard convictel and sentenced, 283 piratical attacks, 1846, 91 — lorchas in command of Europeans and Americans, 316 seizure of the steamer Queen, 427 six pirates captured by H.M.S. Zaflerible convicted ant seutencel to death, 241 - successful suppression of, hy the Navy, 259, 264 swarm of pirates, 126 the Portuguese boat Adamastor, 316 See also Boggs, Eli ; Caldwell, D. R.; Chu Aqui ; Chui Apo; Chun Teen Soong; Cousens and Neill; Da Costa, Captain, and Licut- enant Dwyer; Death Sentences; Executions; Herald, The; Lena, A; Ma Chow Wong; Navy; Portuguese; Supreme Court; Too Apo. PLEDGE. See Chinese. PLENIPOTENTIARY IN CHINA, HER MAJESTY’S. See Super- intendent of Trade. PLUMRIDGE, COMMODORE. See Navy. POISON. See Cheong Ablum; Bread Poisoning. POLICE, arrival of Mr. C. May as superintendent, with inspectors Smithers and McGregor, 75 a sergeant shoots a Chinaman, 286 as prison warders, 126 assessed rate on lands and houses for maintcuance of, 85 attack on Chinese, at West Point, 79 author’s experience of the Malay as a policeman, 279 auxiliary foree, 349 of European seamen prisoners, £12 case against Chinese constables for laying brothels under contribution, 309 —— of robbery with violence against P.C. Brady, 381 caution against walking or living far from town, 495 cells a sink of iniquity, 370 charge of burglary against European and American, 378 charges levelled at, 101 chief magistrate as head of, £0, 101 Chinese in, corrupt, 255 killed by, in a scrimmage, 209 circular to European-tirms regarding night, 53 collusion between prisonérs and, as prison guards, 96 commissions, 861, 407 constable Carvalho convicted of attempted extortion, 381 ~ Kingsmill dies after murdering his wife, 350 constitution of, discussed, 279 conviction of Muggle-John. constable and hangman for larceny, 250 P.C. Forest, Wise, Oliver, and a Chinaman Ayow for burg- lary, 379 ————-—— Randolph for extortion, 401, 436 -— P.S. Kelly for extortion, 629 deaths amoug European constabulary, 279 INDEX, 723 Poitcr,— Continued. 5 tte fe defective system of recruiting, 125 a a delinquencies of, 126 disgraceful conduct at an extensive fire, 376 dissatisfaction with, 254 European constable conniving at eseape of prisoner, 95 —————————-—— Thompson pardoned, 158 excessive drinking of bad liquor, 279 failure to enlist Malays, 437 first superintendent, 41 four European, sentenced for larceny, 138 * frequent prosecutions against European, 125 gambling and the, 401 governor considers complaints against, well founded, 407 increase to, 376 -—, owing to disturbances, 412 Indian, charged with extortion, 381 — night, raised and subject of praise, 54, 91 inefficiency, 40 inspection by Sir J. Bowring, 377 inspector Smithers and others drowned, 208 major-general D’Aguilar and military volunteers in addition to, 42 Manila men as, 279 memorial of residents consequent upon, inefficiency, 496 Mr. Grand-Pré enlists discharged Portuguese soldiers from Macao, 437 murder by Chinese burglars of P.C. Rocha and Maria, 658 natives of Madras as, 279 no barrack accommodation, 437 — interpreters attached to, 255 — mutual sympathy between the Indian and Chinaman, 54 office of assistant superintendent abolished, 453 placed at defiance, 332 poor wages, 279 precautions. during absence of troops, 137 proceedings against, in the courts, 126 proposal of Justices that, be under a municipal committee, 295 prosecution of Indian, for allowing prisoners to escape, 121 prostitutes and charges of extortion against, 80 publie confidence shaken in, 126 - meeting proposed re state of, 332 opinion of European portion of, 91 reformation the erying want, 381 registration and, 127 reinforced by militar y to prevent disturbances, 409 scrimmage with Chinese in the harbour, 209 series of “prosecutions against, 125 serious charge against, as to tax on the prostitutes, 138 the Chinese complaint against Indian, 407 -— detention of Cheong Ahlum and confederates i in, cel, nee —- justices of the peace and, 406 -— long tale of, mismanagement, 370 —- Malay as a ‘policeman, 279 The Straits Guardian on the condition of the Force, 496 Too Apo, informer, known to, as an offender, 190 treatment of persons arrested by, 255 unsnitability of British, for street, 54 verdict of accidental death against, for shooting a Chinaman, 286 warning as to increased watehfulness, 495 724 INDEX. Poricr,— Continued. warning as to fresh attempt at bread poisoning, 428 See also Anstey, 'T.C.; Army; Bruce, Capt.; Clifton, Mr.; Coroner; Haly, Capt. ; Hongkong ; Justices of the Peace ; Martinho and Los Santos ; Pawnbroker; Police ; Prisoners ; Prostitution ; Special Constabulary. POLICE COURT. See Magistrate ; Supreme Court, POLLARD, E. H. admission as an attorney, 275 application to be admitted as an attorney, 275 clerk to acting chief justice, 171 keeper of records and muniments, 178 Mr. W. D’E. Parker opposes his admission, 275 return of, as a barrister, 588 PORK BUTCHERS. prosecution of, by Mr. Caldwell, 565 result of prosecution against, 565 PORTUGUESE. murder of Lieutenant Miranda by pirates, 316, 317 trial and conviction of, seamen for piracy and murder, 324 See also D’ Assis, Pacheco, and De Mello, Case of ; Hillier, C. B.; Macao ; Martinho and Los Santos ; Piracy ; Police. POST OFFICE. eaptain Larkins charged with breach of, regulations, 143 POTTINGER, SIR HENRY. address to the jury, 37 appointed Governor of Hongkong, 20 approval of his services by Her Majesty’s Government, 45 arrival in England, 50 ——- of, 10 eareer in China, 50 character of England raised by, 51 chief superintendent of trade, 10 comparison of legislation of, with that of Sir J. Davis, 187 delay in departure, 49 departure of, 49 had no assistance, 188 his legislation, 50 honours bestowed on him, 51 made a K. G. C. of the Bath, 16, 18 misunderstanding with admiral Cochrane, 49 on the supplementary treaty, 44 presented at Queen’s Levée, 78 record of his life and services, 52 return to Ireland, 51 PRACTICE. See Cases ; Supreme Court. PRACTITIONERS-IN-LAW. Ordinance for, and amalgamation, 486, 494 See also Attorney ; Bar; Legal Profession, PRECEDENCE. lient.-governor with, over chief justive, 361] See also Cases ; Supreme Court. INDEX. 725 PRESS. attack the report of the Caldwell Commission Inquiry, 511 complaints against, being excluded from the Legislative Council, 648 eulogy on the local; 648 Governor Sir H. Robinsou on the local, law, 653 heavy sentence passed on Mr. Tarrant believed to have desired effect, 616 memorial to the chief justice as to, accommodation in court, 449 Mr. Mercer’s motion on state of the Hongkong, 616 on the amalgamation of the legal profession, 491 permission given to, to hear an important matter in chambers, 328 . Sir EL. Robinson and Chief Justice Adams believed, to be detrimental to well-being of Hongkong, 649 Robinson’s speech relating to the local, 24n the, law debated in council, 653 See also Adams, W. H.; Anstey, T. C.; Colonies, The ;:-Legis- lative Council; London and China Telegraph, The; Ma- gistrate ; Morning Advertiser, The ; London Morning Herald, The; Times, The. PRISON. a discharged seaman sues the gaoler for money deposited, 362 amendment of regulations as regards misdemeanants, 620 a sick prisoner flogged, 645 ~ system of gaol delivery, 3869 — triple suicide in, 537 attempt to bribe a turnkey by a prisoner under sentence of death, 350 a turnkey the worse for liquor, 466 body of Lye Mooey Chie exhumed, 645 building completed, 11 is chief magistrate as head of, 40 commission, 428 condemnation of, by Chief Justice Adams, 620 condition of, 643 cruelty in other forms in, 645 disgusting state of attuirs prevalent in, 643 early history of, 30 erection of treadwheel, 3833 escape and arrest of the notorious convict Ho Ah Chee, 453 - of convicts, 94, 295, 369, 466 European convicts bribe native guards and escape, 440 subordinates suspected of robbery in, 362 facilities of escape great, 289 ‘governor’ of the gaol created, 428 heavy robbery in, 862 improvement under Mr, Inglis, 453 misgovernment, 388 more disclosures, 645 Mr. Hillier’s account of, in 1855, 643 —- Lyall’s report in 1857, 644 mutiny of prisoners, 643 no interpreter attached to, 645 ~- legal authority for title of ‘governor of the gaol,’ 428 ‘only went out of prison for a spree on the Queen’s Birthday,’ 289 small pay allowed to, subordinates, 362 suspicious death of Lye Mooey Chie, 645 tail-eutting in, introduced by Mr. Campbell, 152 the abominable condition of, 620 —- long tale of, misgovernment, 370 ~ INDEX. Prison,— Continued. the report of Messrs. Anstey and Rickett in 1858, 644 unnatural crimes in, 644' verdict of the jury in the case of Lye Mooey Chie, 645 young criminals associated' with hardened criminals, 644 See also Administration of Justice; Cheong, Ablum ; Chinese ; Extortion ; Free Pardon ; Goodings,. R.; Inglis, A. L.; Mit- chell, W. H.; Police; Prisoners ; Tail Cutting. PRISONERS. conviction of Steele, Newton, and Mellroy for prison breaking; 289 death of Booray, 320 escape of Sinclair, Ross, and Walker, 101 substitution of, amongst Chinese, 95 wrongly convicted, 193 See also Bar; Chinese; Flogging ; Free Pardon; Moresby, W.; Perkins, G.;: Police ; Prison. PRIVATEER, THE. Sce Piracy. PRIVATE PRACTICE, See Anstey, T. C.;, Attorney-Generaly Brid- ges, W. T. PRIVY COUNCIL. appeal Lapraik and Anor. v. Burrows, 601 ~—-— Murrow v. Stuart, 328, 345 ——- Tromson v. Dent' and Ors., 333 rules and regulations as to appeals to, 95, 837 PROBATE AND ADMINISTRATION. See Supreme Court: PROCEDURE. Sce Supreme Court. PROCESS. See Supreme Court. PROCLAMATION. forbidding Chinese to walk the streets'after eleven at night, 17 requiring obedience to laws on the part of the Chinese, 499 suppression of lawless meetings, 409 See also Chusan ; Hongkong; Land. PROFESSIONAL ETIQUETTE. Dr. Bridges’ signboards, 551 Mr, Anstey denounces?Dr. Bridges for violating, 416 See also Barristers. PROFESSIONAL MEN advertizement of Messrs. Coley and Gaskell, 108 Mr. Cooper-Turner, 250 - Farneomb, 16 Goddard, 74 McSwyney, 82° the fashion for, to advertize, 75 PROSTITUTION. abandonment of inmate of brothel on beoonrigg diseased, .101. an arbitrary exaction, 133 case of conspiracy to sell a girl for purposes of, 288 Chinese system of, disclosed, 101 complaints as to cases for keeping bawdy houses being'committed for trial, 326 INDEX. Prostirution,—Continued. the case against Chow Sam Moocy for keeping a brothel and the conduet of the police, 309 -— quasi-tax on, 133 See also Caine, W.; Chinese ; House of Commons ; Police. PUBLIC DECENCY. outrages upon, 327 PUBLIC MEETING. adjourned, 222 memorial sent home, 224 on local grievances, 257 regarding position and prospects of the Colony, 217 See also Attorney ; Justices of:the.Peace ; Secretary of State. PUISNE JUDGE. necessity for, mooted, 397, 658 PUNTI. See Buccaneering. QUEEN’S BIRTHDAY. Sce Free Pardon; Prison. QUEEN’S EVIDENCE. Sce Too Apo. QUEEN’S ORDERS-IN-COUNCIL. See Royal Orders-in-Council. QUEEN, THE. See Piracy. QUEUE. See Tail Cutting. QUICK WITH CHILD. See Perkins, G. “RAIKES, ESQ., THE JOURNAL OF T.” character of Sir J. Bowring in, 387 RANDOLPH, P.C. Sce Police. RECLAMATION, See Land. REFORMATORY. incentive for starting of a, G44 REGISTRATION. a failure, 93 based on Chinese principle of mutual security, 127 census and registration office, 73 dreaded by Chinese, 255 duties of census and, officer performed by Mr. May, 285 effect of opposition by natives to local laws, 69 i Englishmen accused of tampering with the Chinese in their opposition to, 68 opposition to, 67 parliamentary discussion, 69 precursor of, 42 public meeting against, 67 ——- opinion, 44, 66 strike of Chinese labourers, 67 REMISSION OF PENALTIES. See Penalties. RENNIE, Mr. objected to as a member of the Legislative Couneil, 564 the appointment approved of, 600 T27 728 INDEX. RENT. Sce Land. ‘REPORTER. See Press. RHONE, THE, See Heycock, 2. C. RICKETT, Mr. report on the gaol in 1858, G44 RIOT. See Austey, T. C. ROAD. the law of, 123 See also Door Lamps ; Lanterns ; Lighting of the Town. ROBERTSON, B. acting consul at Canton, 332 appointed consul at Amoy, 331 vice-consul for China, 55 ROBINSON, SIR H. acting under instructions, 633 appointed Governor of Hongkong, 595 arrival of, 604 a stigma upon his administration, 624 comes out with instructions, 616 observations as to the constitution of the Legislative Council, 616 on the local press, 658, 654 : stigma of cruelty attached to his administration, 616 ROSS. See Prisoners. ROYAL ASIATIC SOCIETY. dispute between Sir J. Bowring and Mr. Anstey at a meeting of, 426 meeting in Supreme Court building, 232, 3038 =a papers read by Mr. Anstey, 406, 411 ROYAL MARINES. See Navy. ROYAL ORDERS-IN-COUNCIL. 1883, 9th December, 2 1840, 22nd May, 43 1843, 24th February, 581 —— Ist June, 18 1844, 17th April, 48, 142 1858, 18th June, 336, 337, 581 1859, 2nd February, 429 3rd March, 581 RULES AND ORDERS. ce Supreme Court. RUSSIA. declaration of war against, 548 SAILORS’ HOME. creation of, suggested, 328 SAMARANG. See Executions. SARGENT, LIEUT. See Army. SCANDAL, the noisome scandal of the East, 406 unigue in all, of the government of Colonies, 405 INDEX, 729 SCHOOLS. See luterpretation ; King’s College, London. SCOTT, ALEXANDER. appointed recording officer, 19 death of, 34 SCOTT, JOSEPH. appointed governor of the gaol, 537 confirmed in his appointment, 538 SEAMEN. See Executions; Merchant Shipping and references; Navy ; Police ; Prison. SECRETARY OF STATE. A amusing speech of Sir E. B. Lytton in Honse of Commons on Hougkong affairs, 582 apathy of home authorities relative to Hongkong affairs, G41 despatch of Lord Palmerston in the Compton case, 117 Earl Grey’s reply to local grievances, 24 memorial of residents, 257 letter from Earl of Carnarvon expressing regret at Mr. Anstey’s suspen- sion, 589 public memorial to Ear] Grey, 217, 224 refusal to confirm two Ordinances without alteration, 570 Sir E. B. Lytton’s despatch dismissing Mr. Anstey, 585 takes no notice of accusations against a public officer except through the Governor, 585 See also Aberdeen ; Anstey, T. C.; Attorney-General; Church ; Civil Service ; Compton Case, The; House of Commons ; Land ; Neweastle, Duke of, SECRET ASSOCIATIONS. Sce Chinese. SECRET SOCIETIES. branding, 73 existence of, in Hongkong, | 4 Hongkong head-quarters for South of China, i27 meeting of triad, 137 obnoxious members of, 93 raid by police, 70 suppression of, 73 triad society flourishing, 127 See also Branding. SELECT COMMITTEE, See House of Commons. SENTENCES. curious, 30 See also Death Sentences. SERVICE OF PROCESS. See Supreme Cont. SEYMOUR, ADMIRAL SIR M. See Navy. SHANGHATL. ; superintendeucy of trade remove to, 348. SHAP NG TSAI. See Piracy. SHEFFIELD. petition to the Ffouse of Lords from, re Mr. Austey and Hongkong affairs, 581 See also Newcastle. SENGAPORE, See References from Straits Settlements. INDEX. SHELLEY, Mr. audits registrar’s accounts, 91 Hindustani interpreter, 82 promoted assistant auditor-general in Manritius, 142 SHERIFF. See Extortion; Holdforth, C. J. SHORTREDE, Mr. abandoument of charge against, for removing his printing. establishment, 171 on extortions from prostitutes, 80 SHUCK-PAI-WAN. Sce Aberdeen. ‘STAM. treaty of commerce with, 359 See also Hillier, C. B. SINCLAIR. See Piracy ; Prisoners. SIR JAMSETJEE JEEJEEBHOY, THE. See Buevaneering. SIRR, H.C. admission to the local. bar, 65 articles in The Dublin University Magazine attributed-to him, 177 a vice-consul for China, 55 his chequered career, 55” starts practising at the bar, 56 SLAVERY. existence of, in the Colony, 34 See also Austey, T. C. SMITH, IF. appointed deputy registrar, 83 death of, 287 publie liberality and sympathy to his family, 287 surrogate of vice-admiralty court, 173 SMITHERS, J. death of, usher of the supreme court aud clerk, and sexton to St,.John’s Cathedral, 602 SMITHERS, T. See Police. SNOWDEN, Mr. JUSTICE. speech in the Legislative Council upon the supreme court house, 237 SOLDIERS. See Army. SOLICITORS. See Attorney and references therefrom, SONG. “You may go to Hongkong for me,’ 584 SOVEREIGNTY. See British: Sovereiguty. SPECIAL CONSTABULARY. meeting at chief magistrate’s office respecting, 412 the attorney-general and the form of oath, 412 voluntary enrolment, 412 See also Police. INDEX, 73T SPECIAL JURY. See Jury. SPEECH, FREEDOM OF. See Legislative Council. STACE, Mr. daring robbery with violence on, 478 departure for England, 600 STANLEY. Chuck Chu named, 79 | establishment of a magistracy at‘ Chuck Chu,’ 48° tenders for building a residence for the assistant magistrate, and Police Stations, 56 See also Hillier, C. B. STANLEY, LORD. See Land :. Transportation. STATUTES. careless introduction of, in the Colony, 542° a to the ciretmstances of the Colony, 571) 6 Geo. C. 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B38... 89 See Attorney-General ; Seeretary of State. STEELE, ‘THOMAS. committed. for trial, 286 conviction for stabbing, 276 escape from gaol, 285 re-captured drunk, 285 sentence for prison breaking, .289 See also Prisoners. STERLING, ADMIRAL. See Navy. STERLING, P. I. acting chief justice,.etce Hulme, 321, 331,.347. acts for Chief Justice Hulme on summary jurisdiction side-of the: court, 309 732 INDEX. Strriine, P. I.—Continued. admitted to the local bar, 65 appointed puisne judge at Ceylon, 365 appointment as attorney-general rumoured, 43 arrival as attorney-general, 56 departure of his wife for England, 256 —on leave, 107, 359 encomium on law societies, 854 first recorded unpleasantness concerning, 290 gazetted a member of the Execntive Conneil, 56 his attitude respecting Chinese oaths, 310 — career and death, 107, 365, 366 — decision upheld by the Privy Council on opEee 3383 judicial affairs at the time of his arrival, 56 magic words attributed to him, 309 member of the Executive Council, 332” objects to a juryman on account of his views re Chinese oaths, 312 on the division of land lots, 282 opinion that counsel coming to Hongkong havi ing no salary ought to be well paid, 309 rebukes the jury, 326 : requests a local journal to remove his name from list of subscribers, 290 resumes duties as attorney-general, 185 strictures passed on him, 290 suggests a simple affirmation in lieu of oath, 812 taken to task for flaws in indictments, 289 ST. JOHN’S CATHEDRAL. See Church. ST, PATRICK’S DAY. See Supreme Court. STRACHAN, Mr. See Assault. STRAITS GUARDIAN, THE. anonymous letter on Hongkong affairs i in, to the Earl of Harrowby, 447. letter attributed to Mr. re Y. Murrow, 447 on the condition of the Hougkong Police Force, 496 STRAITS BERLE MES tS: See Caldwell, H. C.; Oath; Police; Straits Guardian, The; Transportation. SS STREET: See Road and refercnees therefrom.: SUBSCRIPTION. fine of Mr. Tarrant paid by, 444, 622 public, to meet Dr. Bridges’ bill of costs against Mr, Tarrant, 624 towards the expenses of “The Friend of China for libel, 83 weak oe Nee also Smith, F. SUICIDE. See Chinese. SUMMARY JURISDICTION. sce Day, John; Justices of the Peace ; Magistrate ; Supreme Court. SUMMERS, J. adventures of, 244 . amenable to jurisdiction of Hongkong authorities, 246 appointed professor of Chinese at King’s College, London, pee his arrest at Macao, 244 —- qualifications as professor of Chinese, 348 ™~ o> oO INDEX, SUMMERS, J.— Continued. his return to Hongkong, 248 meets a religious procession at Macao and refuses to uncover himself, 244 released by captain Keppel, 245 SUNDAY. desecration of day of rest in Hongkong, 53 government notification as to, 407 order of Governor-in-Council as to, observance, 53 the labour question and the desecration of the Sabbath, 407 SUPERINTENDENT OF TRADE. appeal from consul or viee-consul to the chief, 387 assistants in office of, and the study of Chinese, 348 duties of, during vacancy of office or absence, 601 — of governor and, 187 office of, created, 2 —-— of deputy, abolished, 24 ——— —- governor, plenipotentiary, and, combined as before, 331 — plenipotentiary and, separated from that of Governor of Hong- kong, 594 — removed to Shanghai, 595 power of, under Consular Ordinance No. 1 of 1847, 138 separation from governorship of Hongkong believed beneficial, 323 See also Administration of Government ; Consular Courts ; Con- sular Decisions ; Consular Jurisdiction ; Consulates ; Shanghai. SUPREME COURT. abolition not aimed at, 220 admissions to practise in, 65 accommodation in, 282 a military guard in charge of, 183 appeal to, from consular decisions withdrawn, 137, 226 applications in early days for probate and administration advertized, 74 April, 1848, criminal sessions held in new, 189 block in business owing to illness of Chief Justice Hulme, 366 British subjects deprived of right of appeal to, 138 cases adjourned without assigning reason or for want of interpreter, 454 Chief Justices Hulme and Adams on the Court’s vacation, 658 civil appeals to, from consular decisions, 301 condemnation of fees charged in, 218 confidence in, 126 cost of law proceedings in, 218 crowded state of the, hall, 809 deemed creditable to the Colony, 195 disallowance of rules, 136 dissatisfaction at non-opening of, 38 Earl Grey as to simplification of legal procedure in, , 258 encroachment upon powers of, 146 establishment at time of suspension of Chief Justice Hulme, 168 --—— in 1850, 288 extension of summary jurisdiction, 222, 233 favourable reference to working of, 81 fees in, not exorbitant, 258 -~~ on the insolvency side, 113 first eriminal case heard in, 65 -— sessions of, 65 734 INDEX. Supreme Courr,—Continued. forms and fees in, 228 frequent postponements and referring of cases to arbitration, 454 gift of law books to, library by Chief Justice Hulme, 161 ground floor of, considered fit for a police court, 237 -——-—. how utilized, 237 -———_ -—— used as a church, 238 heavy work in, 140 held in large upper room for first time, 282 inconvenience caused by passing door nearest the bench, 319 increase of pay to registrar and deputy registrar, 629 jurisdiction in civil actions between Chinese subjects when originating out of the Colony, 301 melancholy condition of, as presided over by Mr. Campbell, 204 military guard withdrawn from Court House, 429 necessity for a new Court Hotise mooted, 397 new rules of court, March, 1847, 130 notice board limiting passage to ‘professionals and others, 319 notification of day on which court would sit on summary side, 81 — regarding adinission of persons within bar of court, and arran- gement of seats, 628 oath of attorneys in, 65 office of clerk of court and deputy registrar merged, 288 opening of, 64 order of court ve rules to be observed in drawing of special jury in civil cases, 629 re writs of capias ad respondendum, 629 that cause list be gone through in regular and Gs 631 orders of court disallowed by home government, 70 point of practice in, 898 powers as to consular civil appeals and committals for trial, 336 precedence of eases for hearing settled, 398 press reporters in, 282 removed from Wellington Street to building in Queen’s Road, 182 renewed complaints as to non-opening of, 60 re-opens at 10 a.m., 604 report of proceedings of first criminal sessions of, 65 result of scandalous delay in opeving, 60° rule of court regulating criminal sessions, 354 —— --— respecting service of process on military officers disallowed 78 ; ’ rules and orders of the courts at Westminster introduced, 544, 647 —— of practice in, simplified, 235 satisfactory working of, 81 scene between Mr, Anstey and Dr. Bridges in, 482 Mr. Hillier and Mr. Mitchell in, 879 service of process and fee payable in the summary jurisdiction, 274 Sir J. W.C arrington and the notice board, 319 sittings at nisi prius, 231 skit at non-opening of, 59 summary jurisdiction improved, 75, 81 the Compton case the first appeal against a consular decision, 118 —~ hall of, described, 397 -—Trish celebrate St. Patrick's 8 Day in the old Court ae 183 unsatisfactory state of affairs in, 454 See also Administration of Justice ; ee Attorney; At- torney-General ; Bar; Campbell, C, M ; Compton Case, The ; INDEX. 735 Scuvreme Court,—Continued. ‘ Consular Courts ; Consular Decisions ; Consular Jurisdiction ; Gambling ; Gaskell, W.; Hulme, J. W. ; Interpretation ; In- testacy ; Japan; Law Library; Legal Profession ; Magis- trate ; Parker, N. D'E. ; Press ; Puisne Judge ; Royal Asiatic Society ; Translators. = SURRENDER OF CHINESE. See Extradition. SURRENDER OF CRIMINALS. Sce Extradition. SYDNEY. See Australia and references therefrom. TAIL, CUTTING. authorities shave off place where ‘ tail’ was, 133 cases of cutting off the ‘tail,’ 108 colonel Mualcolm’s evidence and opinion as to effect of, 132 cutting off of ‘ tail,’ 30 fifty-four Chiuese ordered to have tails cut off for having no registration ticket, 92 Governor Bonham orders practice of, to be discontinued, 203 Mr. Campbell’s orders respecting, and shaving of ‘crowns,’ 203 no authority by law for, 132 ‘queues’ of pirates cut off to prevent suicide before exccution, 241 sailors execute ‘ Lynch law’ by cutting off Chinese ‘tails,’ 209 tail cutting in prisons introduced by Mr. Campbell, 132 -— unknown to Chinese usage, 132 testimony of Mr. Matheson as to effect of, 132 - See also Campbell, C. M.; Chinese ; Ma Chow Wong ; Prison. TAM ACHOY, CAPT. BAKER, AND OTHERS. See Buccanecring. TARRANT, H. J. admission as an attorney of the court, 300 departure for England, 600 Messrs. Cooper-Turner:and Hazeland take over his business, 600 . = t TARRANT, W. . abandonment of charge against him for conspiracy, 170 acknowledgment of injustice, 240 acquitted by the jury for an alleged libel on the government, 562 addresses the secretary of state regarding Dr. Bridges, 438, 444 admission as an attorney of the court, 7 apology to Dr. Bridges for a repeated libel, 449 a public subscription raised on his behalf, 624 as a boy at sea, 566 2. asks Chief Justice Hulme to intercede for him with Earl Grey, 170 asks the government to take steps consequent upon return of Major Caine’s compradore, 265 a at liberty to receive and send out letters in gaol, 620 attack upon Dr. Bridges, 437 author of ‘Early History of Hongkong,’ 625 bequeaths file of The Friend of China to City Hall library, 625 case against him and Afoon for conspiracy postponed, 150 —-- of the Crown against him in the House of Commons, 581 committee of inquiry as to his complaint against Major Caine’s com- pradore, 143 convicted of libelling Colonel Caine, 613 criticisms upon treatment of, 615 Earl Grey’s reply to, 239 736 INDEX. Tarrant, W.—Continued. a fined £100 for libelling Dr. Bridges, 443 heavy sentence against him for libelling Colonel Caine, 614 his attack on the report of the Caldwell Commission Inquiry, 511 — case and his treatment, 280 investigated in Colonel Caine’s action for libel against him, 241 — death, 625 — fine paid by subseription, 622 ~~ index dedicated to Chief Justice Hulme, 280 -- to the Ordinances, 280, 625 — property ruined, 617 — sympathizers pay his fine and costs for libelling Dr. Bridges, 444 incarcerated for four months for Dr. Bridges’ ‘little bill’ in a criminal action, 624, 653 inquiry by Mr. Campbell as regards, how constituted, 609 investigation into his repeated accusations against Colonel Caine, 605 lays his case re Major Caine’s compradore before the secretary of state, 170 minute of visiting justices removing him to the common gaol, 619 months in prison for Dr. Bridges’ costs, 623 never ceased recurring to the subject of his grievances re Colonel Caine, 557 : obituary notice on, 625 on his release from gaol is confined for costs due to Dr. Bridges, 622 ordered back to his former cell, 617 origin of quarrel between, and Colonel Caine, 607 owed his dismissal from government to Mr. Campbell, 608 petition to government to allow him to be confined in debtor's gaol, 618 poor coinpensation to, 239 pretext for getting rid of him, 239 prosecuted by Dr. Bridges for libel, 438 ~——— for libelling the government, 556 prosecution of, ind Afoon for conspiracy to injure character of Major Caine, 144 for libelling Dr, Bridges, 440 public feeling that punishment of, in excess of offence, 617 publishes list of subscribers to the fine imposed on him for libeliing Dr. Bridges, 444 purchases and edits Z'he Friend of China, 280 recovers damages against Cheong Ahlum, 434 released after undergoing six months’ imprisonment, 622 removed to the hospital ward, 617 reports extortion by Major Caine’s compradore to government, 143 libel against Dr. Bridges, 448 spirit of revenge as regards, 617 the Colonial, Indian, and Home Press on treatment of, 621 —- Duke of Neweastle suggests his removal to debtor's gaol or remission of sentence, 621 —- Friend of China revived, 625 —- justices’ recommendation as to, 620 —- public decide to stand by him, 624 —- severe treatment meted out to him in gaol, 617 —- writ against his chattels at suit-of Dr. Bridges for costs, 623 trial of, for libelling Colonel Caine, 618 See also Anstey, 'T. C.; Bridges, W. T.; Caine, W.; Conspiracy ; House of Lords. INDEX. 737 TAXATION. See Attorney ; Bill of Costs ; Chinese. TEPOS. Chinese peace officers, 338 See also Chinese. TESTIMONIALS. See Addresses to Officials, THOM, Mr. Chinese interpreter, 256 THOMSETT, LIEUT. appointed acting harbour master and marine magistrate, 646 TIMES, THE. suggestion respecting Sir J. Bowring’s disgraceful alministration, 583 the allusion to Sir J. Bowring and Dr. Bridges, 583 upon the chaos in Hongkong, 583 See also Anstey, T. C.; House of Commons; Lanl; Navy. TONG ACHIK. Sce Interpretation. TONG AKU. charge of receiving bribes against, at instance of Ma Chow Wong, 445 Mr. Edwiv James moves Parliament for papers as to, 588 § 7 unfair allusion to, by Sir J, Bowring, 525 6 TOO APO. admitted as Queen’s evidence in the Chimmo Bay piracy case, 189 becomes a piracy approver, 139 charged with extortion, 190 conviction obtained on bis unsupported testimony, 175 — of, for extortion, 191 how he contrived to deceive, 190 jury return a verdict of guilty on his evidence, 174 prisoners sentenced to transportation on his evideuce, kept back, 198 receives a free pardon for assistance in Chimmo Bay piracy, 139 sentenced to transportation for robbery, 139 taken on as police informer, 174 the authorities and, 192 —- victims of, 192 through fear of his influence he is not denounced, 190 turns Queen’s evidence in the Chimmo Bay piracy, 174 victims of, pardoned, 206 See also Caldwell, D. R. TRADE. See Aberdeen; Obnoxious Trade ; Superiaiendent of Trade. TRADESMEN AND MECHANICS. illegal combinations, 24 TRADES UNIONS. See Chinese. TRANSLATORS. rule of court admitting, to the supreme court, 182 TRANSPORTATION. Chinese convicts transported to Scinde, 121 Chun A Yee, a transported convict, found at large in the Colony, 349 convict Sinclair sentenced to, pardoned, 142 convicts sent to Penang, 195, 198 738 INDEX. TRANSPORTATION, — Continued. convict soldiers transported to the Cape of Good Hope, 210 or Van Diemen’s Land, 250 convicts transported to Penang, 259, 293, 331 escape of Cliinese convicts at Penang, 221 mutiny of transported convicts on board the General Wood, 145, 151 objection in the Straits Settlements to, thither, 301 of Asiatics to Singapore, 121 report respecting first batch of transported European couvicts, 71 sixty Chinese transported to Labuau 440 -- more ,, a 5538 tenders for conveyance of Chinese convicts to Singapore, 330 -——_- ———— Evrpean convicts to Western Australia, 353 tenders for passage of convicts to Penang, 145, 292, 338, 341, 354 : the Cape of Good Hope and Penang, 227 to Norfolk Island, 48, 70 ~- Singapore and Bombay, 107, 113 —- Van Diemen’s Land, 48, 70 wreck of the Lord Stanley, with convicts on board, 301 See also Army ; Cape of Good Hope; India; Labuan; Mor, The; Piracy ; Prisoners. TREATY OF PEACE. See China, TRIAD SECRET SOCIETY. See Secret Societies. TRINIDAD JUDICIAL SCANDAL. judicial misconduct in Colonial Courts of Justice, 155 TROOPS, OFFICER COMMANDING THE. See Army. TROTTER, G. A. clerk to the Chief Justice, 171 his services, 171 proceeds on leave, 331 resigns on suspension of Chief Justice Ilulme, 171 return from leave, 353 TURNER, G. COOPER-. See Cooper-Turner, G. TURNER, THOMAS. acting clerk to chief justice, 647 UNITED STATES. See Americans. UNLAWFUL ASSEMBLY. Sce Assembly. VACATION. See Supreme Court. VAGRANCY. paupers hunted up and flogged, 149 VAN DIEMEN’S LAND. Sce Transportation. VENEREAL DISEASE. Sce Navy. VERANDAH. See Land. VICE-ADMIRALTY. See Admiralty. VICTORIA. city of, 20 VICTORIA, BISHOP OF. See Church. INDEX, 739 WADE, THE JOHN. trial of captain and officers of the American ship, for murder, 436 WADE, THOMAS. appointed Chinese interpreter, 25, 94 ~—— interpreter of Chinese Customs at Shanghai, 351 — private secretary to Sir George Bonham, 189 assistant Chinese secretary and interpreter, 130 attached to the suite of Lord Elgin as Chinese interpreter, 435 Chinese secretary to the British Legation at Peking, 594 superintendency of trade, 36) resigns Chinese interpretership to the supreme court, 130 upon the supreme court house, 237 vice-consul at Shanghai, 331 WALKER. See Prisoners. WAR. See Russia. WARRANTS OF COMMITMENT. chief justice’s opinion on, sealed but not signed, 111 WATCHMEN. bewailings in consequence of stoppage of bamboo-striking, 57 Chinese custom of bamboo-striking, 56 fine imposed by chief magistrate for contravening order against bamboo- striking, 57 major-general D’ Aguilar and the custom of bamboo-striking, 57, 58 suspicious character of native, 42 WATER. run of, not to be diverted, 8 WATKINS, r.w., CAPT. appointed harbour master and marine magistrate, 342 WEATHERHEAD, A. clerk of the supreme court, 453 resigns, 657 takes leave, 595 WELCH, Mr. prosecution of, for having ‘ music’ in his house, 87 WELLINGTON, DUKE OF. See Duke of Wellington. WHALERS. deserters inveigled on board, 323 See also Desertion and references therefrom. WHIPPING. See Flogging. WILLIAMS. See Gibbons, Jones, and Williams. WILSON, A. prosecution and trial of, of The China Mail, for libelling Mr, Anstey, 565 WINCHESTER, H.M.S. See Navy. WITNESS. chief justice refuses to allow depositions of absent, to be read, 300 deposition of absent, to be read at trial, 295 practice heretofore of uot requiring, to leave the Court, 284 See also Contempt of Court; Depositions ; Evidence ; Oath ; Su- preme Court. 740 INDEX. WOMAN. See Perkins, G. WONG AHLIN. convicted of burglary, 436 See also Free Pardon. WONG ALOONG. trial and conviction of, for forgery of Chief Justice Adams’ signature, 605 WONG A SHING. the first Chinese juryman in Hongkong, 465 WORDS. ‘a contemptible, damnable trick,’ 511, 556 ‘all that mass of mud which appeared to have encumbered society,’ 616 ‘a pariah practitioner,’ 202 ‘a puppet whose malice was checked by imbecility,’ 220 ‘a system of libel carried to a great height,’ 622 ‘a tribunal where neither quirks nor quibbles ‘would be permitted,’ 652 “better to hang the wrong man than confess that British sagacity and activity have failed to discover the real cr iminals,’ 417 ‘de die in diem, 529 ‘ex favore,’ 529 ‘hanging the wrong man will not further the ends of justice,’ 418 ‘he who flees judgment confesses his guilt,’ 240” ‘if Mahomed cannot come to the mountain, let the mountain go to Ma- homed,’ 255 ‘Tl dismiss this case without prejudice,’ 309 ‘in the multitude of counsellors there is safety,’ 458, 487 ‘it is easier to raise ghosts than to lay them,’ 3038 ‘like a second Bottom, undertakes the parts of both Pyramus and Thisbe,’ 171 ‘omnia presumuntur contra spoliatorem, 527 ‘only went out of prison for a spree on the Queen’s Birthday,’ 289 ‘reckless libels which had so long poisoned the very atmosphere of the Colony,’ 621 ‘ Shylock-like, thirsting for his pound of flesh,’ 628 ‘the Court does not sit as a consulting surgeon,’ 341 ‘the Governor and the governed at sixes and sevens,’ 407 ‘the noisome scandal of the East,’ 405 ‘the vicious tool,’ 221 ‘tour de force,’ 532 ‘vires acquirit eundo, 528 ‘with an eye to the future,’ 509 ‘you may go to Hongkong,’ 584 WRIT. 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