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XXVII
TABLE OF CONTENTS .
VOLUME I.
CHAP. I ............ Tempus : W. Caine, Chief Magistrate -Introduction, p.
1 , concluding end of 1843. p . 32 .
R. Burgass - Legal adviser.
CHAP. II .......... Tempus : W. Caine, Chief Magistrate -concluding 1844.
P. 47.
R. Burgass - Legal Adviser.
CHAP.III....
Tempus : Hulme, C. J. 1844-1846 . p. 62 .
P. I. Sterling - Atttorney-General .
N. D'E. Parker- Crown Prosecutor.
IV........... Tempus : Hulme, C. J. 1846. p. 115 .
CHAP. IV
N. D'E. Parker- Crown Prosecutor.
CHAP. V. Tempus : Hulme, C. J. 1846-1847 . p. 120.
C. M. Campbell - acting Attorney- General.
CHAP. VI.......... Tempus : Hulme , C. J. 1847. p. 131 .
C. M. Campbell -acting Attorney-General.
CHAP. VII . ...... Tempus : Hulme , C. J. 1847. p. 135 .
C. M. Campbell- acting Attorney-General.
CHAP . VIII....... Suspension of Hulme, C. J. Campbell, acting C. J. 1847-
I
1848. p. 154.
P. I. Sterling - Attorney- General.
N. D'E. Parker-Crown Prosecutor.
CHAP . IX.......... Suspension of Hulme, C. J. Campbell, acting C. J. 1848 .
p. 184.
P. I. Sterling- Attorney-General.
CHAP. X. Reinstatement of Hulme, C. J. 1848. p. 196.
P. I. Sterling- Attorney- General.
CHAP. XI.......... Tempus : Hulme, C. J. 1849. p. 215.
P. I. Sterling- Attorney-General.
CHAP. XII....... Tempus : Hulme, C. J. 1850-1852 . p . 271 .
P. I. Sterling- Attorney- General.
CHAP. XIII....... Tempus : Sterling, acting C. J. 1852-1853 . p . 321 .
W. T. Bridges - acting Attorney- General.
XXVIII TABLE OF CONTENTS .
VOLUME 1, -Continued.
CHAP . XIV....... Tempus : Hulme, C. J. 1853-1854. p . 330 .
P. I. Sterling- Attorney-General.
CHAP. XV ....... Tempus : Sterling, acting C. J. 1854. 343 .
W. T. Bridges - acting Attorney- General.
CHAP. XVI....... Tempus : Hulme, C. J. 1855-1856 . p . 356 .
W. T. Bridges -acting Attorney- General.
T. C. Anstey - Attorney- General.
CHAP. XVII ……... Tempus : Hulme, C. J. 1856-1857 . p. 396 .
T. C. Anstey - Attorney- General .
CHAP. XVIII.... Tempus : Hulme, C. J. 1857. p. 425 .
T. C. Anstey - Attorney -General .
CHAP. XIX....... Tempus : Hulme, C. J. 1857. p . 439 .
H. Kingsmill - acting Attorney-General.
CHAP. XX........ Tempus : Hulme, C. J. 1857-1858 . p. 450.
T. C. Anstey--Attorney- General.
CHAP. XXI....... Tempus : Hulme, C. J. 1858. p. 472.
T. C. Anstey - Attorney- General .
CHAP. XXII.... Tempus : Hulme, C. J. 1858. p . 480 .
T. C. Austey -- Attorney- General.
CHAP. XXIII....Tempus : Hulme, C. J. 1858. p . 501 .
T. C. Anstey --Attorney- General.
J. Day--acting Attorney-General.
CHAP. XXIV .... Tempus : Hulme, C. J. 1858. p. 537.
J. Day- acting Attorney-General.
F. W. Green --acting Attorney-General.
CHAP. XXV .... Tempus : Hulme, C. J. 1858-1859 . p . 555 .
F. W. Green --acting Attorney- General.
CHAP. XXVI.... Tempus : Hulme, C. J. 1859, p. 575.
F. W. Green--acting Attorney-General.
CHAP. XXVII....Tempus : Green, acting C. J. 1859. p. 592 .
H. Kingsmill--acting Attorney-General.
CHAP. XXVIII.. Tempus : Green, acting C. J. 1859. p. 594.
H. Kingsmill- acting Attorney- General .
CHAP. XXIX .... Tempus : Adams, acting C. J. 1859. p . 603 .
F. W. Green - acting Attorney- General .
CHAP. XXX….... Tempus : Adams, acting C. J. 1859-1860 . p. 626,
F. W. Green, acting Attorney-General.
II. Kingsmill-- acting Attorney- General .
CHAP. XXXI.... Tempus : Adams, acting C. J., and C. J. 1860. p. 632 .
H. Kingsmill, acting Attorney-General.
8
THE HISTORY
OF
THE LAWS AND COURTS
OF
HONGKONG .
INTRODUCTION .
Origin of British authority in China. - British Court of Justice appointed in Can-
ton.- Cession of Hongkong. - Capt. Charles Elliot, R.N., Chief Superintendent of Trade
and Plenipotentiary in China.- Chinese Inhabitants of Hongkong, subjects of the Queen
of England. - Capt. Wm. Caine, Chief Magistrate. - How guided .--Land. - Chinese traders
invited to Hongkong.-Pirates. - Commodore Sir J. J. G. Bremer, Joint Plenipotentiary.
—A. R. Johnston, Deputy Superintendent.—Lieut. Pedder, R.N., Marine Magistrate. — Sir
H. Pottinger, Chief Superintendent of Trade.- Departure of Capt. Elliot. - Arrival of
Sir H. Pottinger.- Chinese Interpretation.—Progress of Hongkong after occupation.
-Hongkong declared a free port. - Superintendency of Trade removed from Macao
to Hongkong. Further progress of Hongkong. - Judicial Establishment.- Magisterial
powers and authority.—Land. —Administration of Intestates' Estates.--Counterfeit Coins.
--Colonial Service Rules.-- Secret Societies. - Treaty of Peace and Friendship with China.
--Hongkong ceded in perpetuity.--Home rejoicings .- Local opinion.--Edward Farncomb
Coroner.--Crime in Hongkong. Piracy. -End of 1842.--Sir Henry Pottinger, K.C.B.--Queen's
Order in Council removing from Canton to Hongkong the Criminal and Admiralty
Courts.-Alexander Scott, Recording Officer. -Agitation for reforms in the administration
of justice. -The Charter of Hongkong.- Sir Henry Pottinger, Governor.- "The Colony of
Hongkong." " The City of Victoria." -English Law.-Appointments consequent upon
grant of Charter.--Justices of the Peace.-Lieut. Thomas Wade, Chinese Interpreter.-
Revocation of Commissions of the Peace. -Land. - Act 6 and 7 Vict., Cap. 80.- Death
of Mr. J. R. Morrison. - Crime in 1843.- Curious sentences . - Early history of the Gaol.-
Arrival of Major-General D'Aguilar, C.B.- Conclusion.
HONGKONG was the first British Settlement formed in the Chi- Origin of
nese dominions . By an Act passed in the 4th year of the British
authority
reign of King William the Fourth [ 3 & 4 Wm. IV . c. 93-28th in China.
August, 1833 " An Act to regulate the Trade to China and
India " —it was enacted inter alia that, for purposes of trade and
amicable intercourse with the dominions of the Emperor of China ,
2 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
provision should be made for the establishment of a British
authority in the said dominions, and that for the purpose of
protectingand promoting such trade , three officials , styled " Super-
intendents of the China Trade " should be appointed , one of whom
was to be styled " ChiefSuperintendent " [ sec. 5 ] . The Act further
provided for a Court of Justice with Criminal and Admiralty
Jurisdiction for the trial of offences committed by British sub-
jects within the said dominions, and the ports and havens
thereof, and on the high seas within one hundred miles of the
coast of China, one of the superintendents above-named being
the officer to hold such Court [ sec. 6 ] .
British
Court of Under the provisions of the foregoing Act, an Order by the
Justice King in Council , dated the 9th December, 1833, was accordingly
appointed
Canton. in passed appointing a Court of Justice in Canton , for the trial
of offences committed by British subjects in China . The
following was the Order above alluded to : -
At the Court of Brighton, the 9th day of December, 1833. - Present, The
King's Most Excellent Majesty in Council.
Whereas by a certain Act of Parliament made and passed in the third and
fourth year of His Majesty's reign, intituled " An Act to regulate the Trade
to China and India, " it is amongst other things enacted that it shall and may
be lawful for His Majesty , by any such Order or Orders as to His Majesty
in Council shall appear expedient and salutary, to create a Court of Justice,
with Criminal and Admiralty Jurisdiction, for the trial of offences committed
by His Majesty's subjects within the dominions of the Emperor of China,
and the ports and havens thereof, and on the high seas within one hundred
miles of the coast of China, and to appoint one of the superintendents in the
said Act mentioned to be the officer to hold such Court and other officers for
executing the process thereof : Now, therefore, in pursuance of the said Act,
and in execution of the powers thereby in His Majesty in Council in that
behalf vested, it is hereby ordered by His Majesty, by and with the advice
of His Privy Council, that there shall be a Court of Justice, with Criminal
and Admiralty Jurisdiction, for the purposes aforesaid, which Court shall be
holden at Canton in the said dominious, or on board any British ship or
vessel in the port or harbour of Canton, and that the said Court shall be
holden by the Chief Superintendent for the time being, appointed or to be
appointed by His Majesty under and in pursuance of the said Act of Parlia-
ment.
And it is further ordered , that the practice and proceedings of the said
Court upon the trial of all issues of fact or law, to be joined upon any indict-
ments or informations to be therein brought or prosecuted , shall be conform-
able to, and correspond with, the practice and proceedings of the Courts of
Oyer and Terminer and Gaol Delivery in England, upon the trial of such
issues in such Courts , so far as it may be practicable to maintain such con-
formity and correspondence , regard being had to the difference of local cir-
cumstances and especially it is hereby ordered , that every such issue of fact,
or of mixed fact and law, shall be, by the said Chief Superintendent for the
time being, and a jury of twelve men ; and that upon every such trial the
examination of witnesses for and against the party or parties charged , shall
take place virâ voce in open Court and that the sentence or judgment of
the said Court upon every such trial, founded upon the verdict of such jury, shall
39
INTRODUCTION.
be pronounced in open Court, by such Chief Superintendent as the presid-
ing Judge thereof.
And whereas it will be necessary to frame and prescribe rules of prac-
tice and proceeding to be observed upon all such prosecutions , in order to
ascertain how far the same can be brought into conformity with the prac-
tice and proceeding of His Majesty's Courts of Oyer and Terminer and Gaol
Delivery in England , and how far it may be necessary to deviate from such
practice and proceeding by reason of the differences of local circumstances ---
it is therefore further ordered, that such Chief Superintendent for the time
being shall be, and he is hereby authorized, from time to time, but subject
to the provisions aforesaid, to promulgate all such rules and practice and
proceeding as it may be necessary to adopt and follow, upon, or previously to,
the commitment of any person to take his trial in the same Court -and
respecting taking of bail for the appearance of such person at such trial--and
respecting the form and manner of preferring and finding indictments, and of
exhibiting criminal informations against any persons charged with any crimes
or offences before the said Court--and respecting the manner of summoning
and convening jurors for the trial of such indictments or informations --and
respecting qualifications of such Jurors, and the mode of summoning and
compelling the attendance of witnesses --and respecting the process of the
said Court, and the mode of carrying the same into execution - and respecting
the times and places of holding such Courts, and the duties of the respective
Ministerial Officers attending the same, whom he is hereby authorized to
appoint provisionally, subject to His Majesty's approbation --and also re-
specting every other matter and thing connected with the administration of
justice therein which it may be found necessary to regulate.
And it is further ordered, that all rules so to be promulgated as aforesaid
shall be binding and take effect from the respective days of the dates thereof,
but that the same shall, by such Chief Superintendent, be transmitted to one
of His Majesty's Principal Secretaries of State for His Majesty's approbatiou
or disallowance ; and that any such rule shall cease to be binding, or to have
any force or effect, from and after the time of which His Majesty's disallow-
ance thereof shall be made known to the Chief Superintendent for the time
being.
And it is further ordered , that a record shall be duly made and preserved
of all the proceedings, judgments, and sentences of the said Court, which
record shall be retained in the custody of an officer of the said Court, to be
by the Chief Superintendent specially charged with the performance of that
duty.
And the Right Honourable Viscount Palmerston, one of His Majesty's
Principal Secretaries of State, is to give the necessary directions herein
accordingly.
C. C. GREVILLE.
As will be seen , the jurisdiction of the Court thus created Cession of
was extended to Hongkong at its cession . After the cessation Hongkong.
of hostilities with China, by Circular dated 20th January, 1841 , Capt. Charles
written from Macao, which had become the chief seat of the British Elliot, R N. ,
Chief Super-
during the war, and addressed to British subjects, Captain Charles intendent of
Elliot , of the Royal Navy, the Chief Superintendent of Trade Trade and
and Her Majesty's Plenipotentiary in China, announced the tiary in
cession of the island and harbour of Hongkong to the British China.
Crown, formal possession of the same being afterwards taken
4 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
on the 26th ofthe same month in the name of Her Most Gracious
Majesty, Queen Victoria , after the usual formalities had been gone
through, and on the 2nd February, 1841 , when on board Her
Majesty's ship Wellesley at anchor in Hongkong Bay, issued the
following proclamation whereby the government of Hongkong
devolved upon the Chief Superintendent of the Trade in China,
and provision was made for the government of the natives accord-
ing to the laws and customs of China, and of British subjects under
the Criminal and Admiralty Jurisdiction , presently existing in
China, that is to say, under the statute before quoted :·
PROCLAMATION.
By Charles Elliot, Esquire, a captain in the Royal Navy, Chief Superin-
tendent of the Trade of British subjects in China, and holding full powers,
under the Great Seal of the United Kingdom of Great Britain and Ireland,
to execute the office of Her Majesty's Commissioner, Procurator, and Pleni-
potentiary in China .
The island of Hongkong having been ceded to the British Crown under
the seal of the Imperial Minister and High Commissioner Keshen, it has
become necessary to provide for the Government thereof, pending Her
Majesty's further pleasure.
By virtue of the authority, therefore, in me vested , all Her Majesty's rights,
royalties, aud privileges of all kinds whatever, in and over the said island of
Hongkong whether to or over lands, harbours, property, or personal service,
are hereby declared proclaimed, and to Her Majesty fully reserved .
And I do hereby declare and proclaim, that, pending Her Majesty's
further pleasure, the government of the said island shall devolve upon, and
be exercised by, the person filling the office of Chief Superintendent of the
Trade of British subjects in China for the time being.
And I do hereby declare and proclaim, that, pending Her Majesty's
* The following is an account of the taking possession of the island of Hongkong on
the 25th of January, 1841 , by Captain Sir Edward Belcher, R N. :--
"The only important point to which we became officially parties, was the cession of
Hongkong, situated off the peninsula of Kaulung, within the island of Lama, and on the
northern side of the entrance through the Lemma channel. Captain Scott, of the Sama-
rang, having been left behind to give up the demolished forts of Chuenpe and Tycocktow
to the Chinese authorities, the squadron withdrew from the river, and moved down to
the SW. bay of Lantao, the Commodore, shifting his broad pendant to the Culliope,
moved on to Macao, accompanied by the Larne, Hyacinth, and Modeste. The Columbine
was despatched to Chusan, to recall the force stationed there, and further to direct its
evacuation on the release of Captain Anstruther, Mrs. Noble, etc.
On the return of the Commodore on the 24th, we were directed to proceed to Hong-
kong, and commence its survey. We landed on Monday, the 25th, 1841, at fifteen
minutes past eight a.m., and being the bona fide first possessors, Her Majesty's health
was drank with three cheers on Possession Mount. On the 26th, the squadron arrived ;
the marines were landed, the union hoisted on our post, and formal possession taken of the
island, by Commodore Sir J. J. G. Bremer, accompanied by the other officers of the
squadron, under a feu-de-joie from the other marines, and a royal salute from the ships .
of war.
On the Kaulung peninsula were situated two batteries which might have com-
manded the anchorage, but which appeared at present to be but thinly manned ; these
received duc notice to withdraw their men and guns, as part of the late treaty."†
+ "Narrative of a voyage round the world, performed in H. M. 's ship Sulphur, during the years 1836-1842,
including details of the naval operations in China, from December, 1840, to November, 1842—Published under
the authority of the Lords Commissioners of the Admiralty by Captain Sir Edward Belcher, R.S., K.C.B., etc.,
Commander of the Expedition." - Vol. II., pp. 147-148. Nota. An impression had long prevailed that, when
possession was taken of the island, midshipman Dowell (afterwards Admiral Sir Wm. Dowell, K.C.B., in com-
mand of the China squadron, 1884-18-85) had hoisted the British flag on Possession Mount, but the gallant
admiral himself afterwards corrected the misapprehension. He was, it appears, with the boat's crew that
landed for the purpose of hoisting the flag, but it was not he who performed the act.-J. W. N. K.
INTRODUCTION. 5
further pleasure, the natives of the island of Hongkong, and all natives of
China thereto resorting, shall be governed according to the laws and customs
of China, every description of torture excepted.
And I do further declare and proclaim, that, pending Her Majesty's further
pleasure, all offences committed in Hongkong by Her Majesty's subjects, or
other persons than natives of the island or of China thereto resorting, shall
fall under the cognizance of the Criminal and Admiralty Jurisdiction presently
existing in China.
And I do further declare and proclaim, that , pending Her Majesty's further
pleasure, such rules and regulations as may be necessary from time to time
for the government of Hongkong shall be issued under the hand and seal of
the person filling the office of Chief Superintendent of the Trade of British
subjects in China for the time being.
And I do further declare and proclaim, that, pending Her Majesty's further
pleasure, all British subjects and foreigners residing in, or resorting to , the
island of Hongkong, shall enjoy full security and protection, according to
the principles and practice of British law, so long as they shall continue to
conform to the authority of Her Majesty's government in and over the
island of Hongkong, hereby duly constituted and proclaimed .
Given under my hand and seal of office, on board of Her Majesty's ship
Wellesley, at anchor in Hongkong Bay, this second day of February, in the
year of Our Lord one thousand eight hundred and forty-one.
God save the Queen.
(Signed) CHARLES ELLIOT.
The Chinese inhabitants of Hongkong were warned also by inhabitants
Chinese
proclamation of the cession of the island ; that they were now of Hongkong ,
subjects of the Queen ofEngland, and that , pending Her Majesty's subjects
the Queenof of
pleasure, they would , subject to the control of a British Magis- England .
trate, be governed according to the laws, customs, and usages of
the Chinese.
The population then numbered about 5,000 .
The following is a copy of the proclamation in question :
TO THE CHINESE INHABITANTS OF HONGKONG .
PROCLAMATION.
Bremer, Commander-in-Chief, and Elliot, Plenipotentiary, etc., etc., by this
proclamation make known to the inhabitants of the island of Hongkong, that
that island has now become part of the dominions of the Queen of England
by clear public agreement between the High Officers of the Celestial and
British Courts ; and all native persons residing therein must understand that
they are now subjects of the Queen of England, and to whom and to whose
officers they must pay duty and obedience.
The inhabitants are hereby promised protection, in Her Majesty's gracious
name, against all enemies whatever ; and they are further secured in the free
exercise of their religious rites, ceremonies, and social customs, and in the
enjoyment of their lawful private property and interests. They will be
governed, peuding Her Majesty's further pleasure, according to the laws,
customs, and usages of the Chinese (every description of torture excepted)
6 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
by the elders of villages, subject to the control of a British magistrate ;
and any person, having complaint to prefer of ill-usage or injustice against
any Englishman or foreigner, will quietly make report to the nearest officer,
to the end that full justice may be done. Chinese ships and merchants,
resorting to the port of Hongkong for purposes of trade, are hereby exempted ,
in the name of the Queen of England, from charge or duty of any kind to the
British government. The pleasure of the government will be declared from
time to time by further proclamation : and all heads of villages are held
responsible that the commands are duly respected and observed .
Given under seal of office, this 1st day of February, 1841 .
Capt. Wm. On the 30th of April , 1841 , Captain Elliot , by warrant under
Caine, Chief his hand and seal of office , at Macao , appointed Captain William
Magistrate.
Caine of the 26th ( or Cameronian ) Regiment of Infantry to be
Chief Magistrate of Hongkong , requiring him in the case of
natives to exercise authority " according to the laws , customs ,
and usages of China ," and in the case of all others " according
to the customs and usages of British Police Law ," providing at
the same time a scale of punishment for offences . By the terms
t
of the warran , Captai n r
Caine , was furthe practi cal ly consti-
tuted Chief of the l'olice and of the Gaol . As the warrant of
appointment is important as reciting certain provisions showing
How guided , by what law, forms , and procedure he was guided , it is here
reproduced : ---
WARRANT.
By Charles Elliot, Esquire, Her Majesty's Plenipotentiary, etc., etc.,
charged with the government of the island of Hongkong : Pending Her
Majesty's further pleasure, I do hereby constitute you, William Caine,
Esquire, Captain in Her Majesty's 26th (or Cameronian) Regiment of Infantry,
to be Chief Magistrate of the island of Hongkong ; and I do further authorize
and require you to exercise authority, according to the laws, customs, and usages
of China, as nearly as may be (every description of torture excepted ), for the
preservation of the peace, and the protection of life and property , over all
the native inhabitants in the said island and the harbours thereof.
And I do further authorize and require you, in any case where the crime,
according to Chinese law, shall involve punishments and penalties exceeding
the following scale in severity, to remit the case for the judgment of the head
of the government for the time being.
Scale -Imprisonment, with or without hard labour, for more than three
months ; or penalties exceeding $400 .
Corporal punishment exceeding 100 lashes.
Capital punishment.
And I do further require you, in all cases followed by sentence or infliction
of punishment, to keep a record, containing a brief statement of the case,
and copy of the sentence.
And I further authorize and require you , to exercise magisterial and police
authority over all persons whatever (other than natives of the island , or persons
subject to the Mutiny Act, or to the general law for the government of the
fleet) , who shall be found committing breaches of the peace, on shore or in
the harbours of this island, or breaches of any regulation to be issued from
time to time by this government, according to the customs and usages of
British Police Law.
INTRODUCTION. 7
And I do hereby authorize you, for the police purposes hereinbefore speci-
fied, to arrest, detain, discharge, and punish such offenders, according to the
principles and practice of general British Police Law .
And all persons , subject to the Mutiny Act, or the general law for the
government of the fleet, found committing police or other offences, shall be
handed over to their proper military superiors for punishment.
And I do further authorize and require you, to detain in safe custody any
person whatever, found committing crimes and offences within the goveru-
ment of Hongkong, amounting to felony according to the law of England ;
forthwith reporting your proceedings herein , and the grounds thereof, to the
head of the government for the time being. And for all your lawful pro-
ceedings in the premises, this Warrant shall be your sufficient protection and
authority.
Given under my hand and seal of office at Macao, this thirtieth day of
April, in the year 1841 .
CHARLES ELLIOT.
On the same date " Rules and Regulations for the British
Merchant Shipping and for the Marine Magistrate " were duly
published . The first public notice relating to the sale of land Land,
in the colony, and declaring the conditions upon which allot-
ments of land would be made, was published on the 1st May,
1841 , by Captain Elliot. By this notice it was declared that
the number of allotments to be disposed of from time to time
would be regulated with due regard to the actual public wants ;
that it would be a condition of each title that a building of a
certain value must be erected within a reasonable period of
time on the allotments ; that there would be a general reser-
vation of all Her Majesty's rights ; and that , pending Her
Majesty's further pleasure, the lands would be allotted according
to the principles and practice of British laws upon the tenure
of quit- rent to the Crown. Each allotment was to be put up at
public auction at a certain upset rate of quit-rent and to be
disposed of to the highest bidder ; but it was engaged, upon the
part of Her Majesty's Government, that persons taking land
upon these terms should have the privilege of purchasing in
freehold ( if that tenure should thereafter be offered by Her
Majesty's Government ) , or of continuing to hold upon the
original quit-rent.
This notice further declared that all arrangements with
natives for the cession of lands, in cultivation, or substantially
built upon, were to be made only through an officer deputed
by the Government of the island ; and that no title would be
valid , and no occupancy respected , unless the person claiming
should hold under an instrument granted by the government
of the island, of which due registry must be made in the
Government Office. It was distinctly to be understood that all
natives, in the actual occupancy of lands, in cultivation , or
substantially built upon, would be constrained to establish their
8 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
rights , to the satisfaction of the land officer, and to take out
titles, and have the same duly registered . Persons purchasing
town lots were to be entitled to purchase suburban or country
lots subject to the approval of the Government, but no run of
water was to be diverted from its course without permission of
the Government. [ Hongkong Gazette, 1st and 15th May, 1841. ]
On the 7th June, 1841 , a notice under the hand of Captain
Elliot dated from Macao was advertised of the proposed sale
of the annual quit-rents of 100 lots of land with water front-
age, and of 100 town or suburban lots. The sale was to take
place at Hongkong on the 12th of the same month, but was
postponed to the 14th when it was found impossible to
put up the number of lots ( 200 ) as advertised, and only 50
lots having a sea frontage of 100 feet each, or nearly so, were
offered for sale. Not only was the frontage of these lots not
defined, but the depth from the sea to the road ( the present
Queen's Road) was stated , in the terms of sale, to vary consider-
ably, and intending purchasers would have the opportunity of
observing the extent for themselves.
The terms of sale further stated that the biddings were to be
for annual rate of quit-rent, and should be made in pounds
sterling, the dollar in all payments to be computed at the rate
of 4s . 4d. The upset price was fixed at £10 for each lot, and
the biddings were to advance by 10s. Each lot having been
knocked down to the highest bidder, he was to receive an
acknowledgment that he was the purchaser of the lot ; and this
acknowledgment was to be exchanged for a more formal title
as soon as the precise measurement and registration of the lots
should be completed . The purchasers were required to erect
upon each lot a building of the appraised value of $ 1,000 , or to
incur upon the land an outlay to that amount, within a period
of six months from the date of sale, under penalty of forfeiture .
The terms of sale were signed by Mr. J. Robert Morrison ,
Acting Secretary and Treasurer to the Superintendents of
Trade.
Three days after the sale, Captain Elliot addressed a letter
from Macao to Messrs . Jardine, Matheson, & Co. , and Messrs.
Dent & Co. , respecting the disposition of the Crown lands of
Hongkong, pending the pleasure of Her Majesty's Government ,
as follows :-
Macao, 17th June, 1841 .
Gentlemen,
Having had under my consideration the particulars of the first sale of lots
in Hongkong on the 14th instant, I am of opinion that I shall be consulting
the interests of the establishment in making immediate public declaration of
my proposal to move Her Majesty's government either to pass the lands in
fee simple for one or two years purchase at the late rates , or to charge them in
future with no more than a nominal quit-rent, if that tenure continues to obtain ,
INTRODUCTION . 9
My own object respecting the disposal of lands, pending the pleasure of
Her Majesty's Government, was to secure to firms, and all other persons,
British and Foreigners, having permanent interest in the country, sufficient
space for their necessities, at moderate rates, with as little competition as
might enable parties to accommodate themselves according to their respective
wants.
I feel assured , upon attentive reflection, that steady adherence to this
rule will be found most conducive to the well-understood interests of the
establishment, and to the fair claims of persons on the spot. Parties falling
within the description I have specified, not yet supplied with lots, will soon
be in a situation to accommodate themselves.
May I request you, Gentlemen, to circulate this letter. - I have, etc.,
CHARLES ELLIOT.
Messrs. Jardine, Matheson, & Co. , and Messrs . Dent & Co."
On the 15th October, 1841 , a Government Notification , dated
at Hongkong and signed by Mr. A. R. Johnston , Deputy
Superintendent charged with the Government of the island of
Hongkong, was issued, stating, with reference to the public notice
and declaration under date the 1st May, 1841 , that it was then
(October) found desirable that persons applying for lots of land for
the purpose of building upon should be at once accommodated
upon terms which would be made known to them by applica-
tion in person to the Land Officer.
The terms referred to in this notification were payment of
Crown rent at the average rate of rental realized at the sale on
the 14th June, 1841 , and at the rate of £20 per annum per
quarter acre for town inland lots and £ 5 per quarter acre for
suburban inland lots .
On the 7th June, by proclamation under the hand of Captain Chinese
traders in-
Elliot, Chinese traders were invited to trade with Hongkong, tdto
full protection being promised them, it being stated also that Hongkong.
there would not be any charges on imports or exports. Rewards Pirates.
leading to the detection of pirates were also promised, the
pirates to be taken and delivered to the Chinese Government
for punishment .
By public notification dated the 19th June, 1841 , consequent Commodore
Sir J. J. G.
upon the intended departure of Captain Elliot, it was announced Bremer,
that Her Majesty the Queen had been pleased to appoint Joint
Plenipoten-
Commodore Sir James John Gordon Bremer , Knt. , c.B. , K.C.H. , tiary.
to be Joint Plenipotentiary ; on the 22nd June, Alexander
Robert Johnston , Esquire, Deputy Superintendent of the Trade A. Johns-
ton,R.Deputy
of British Subjects in China, assumed charge of the government Superinten
of the island of Hongkong on behalf of the Chief Superintendent ; dent.
and on the 31st July, Lieutenant William Pedder, R.N. , lately Lieut.
of H. M. S. Nemesis , received the appointment of Harbour Pedder,
Marine R.N.,
Master and Marine Magistrate, regulations for the port of Magistrate.
Hongkong and for the Marine Magistrate being also published .
10 HISTORY OF THE LAWS, ETC. , OF HONGKONG.
Sir H. Pot- On the 15th May, 1841 , Sir Henry Pottinger , Baronet, a
tinger, Chief Colonel in the service of the East India Company , received the
Superinten-
dent of appointment of Her Majesty's Chief Superintendent of Trade
Trade.
in China, in succession to Captain Elliot, who, on being apprised
Departure of
Capt. Elliot . of the same, left for England in the steamer Atalanta via Bombay,
on the 24th August, leaving the Government of Hongkong in
charge of Mr Johnston , his deputy . Lord Palmerston also
transmitted to Sir Henry Pottinger a full power authorizing
and empowering him to negotiate and conclude with China any
treaty or agreement for the arrangement of differences subsisting
between Great Britain and China . Captain Elliot arrived in
England on the 6th November, and not long after was appointed
Consul - General at Texas. He left England on the 1st June ,
1842 , to assume the duties of his new office. Prior to his
departure, in the House of Commons on the 31st May, 1842 ,
Sir Robert Peel stated " that, without giving any opinion on the
conduct or character of Captain Elliot, during the occupancy
of his difficult and embarrassing position at Canton , he never-
theless was disposed , from his intercourse with him since he
returned home, to repose the highest confidence in his integrity
and ability ."
Arrival of During the night of Tuesday, the 10th August, 1841 , the
Sir H. Pot-
tinger. H. E. I. Co.'s Frigate Sesostris arrived at Macao with Sir
Henry Pottinger and Admiral Sir Wm. Parker, K.C.B. , Com-
mander of the Naval Forces, on board. On taking charge of
the offices of Her Majesty's sole Plenipotentiary and Chief
Superintendent in China, on the 12th August , 1841 , Sir
Henry Pottinger duly notified his appointment to the public,
at the same time availing himself of the opportunity to announce
that " the arrangements which had been made by his predecessor
connected with the island of Hongkong, would remain in force
until the pleasure of Her Majesty regarding the island and these
arrangements shall be received." Mr. Johnston continued in
charge of the island as before, under the title of " Deputy
Superintendent of British Trade charged with the government
of the island of Hongkong. "
Chinese In- In its September number ( 1841 ) , Blackwood's Magazine
terpretation. contained an article upon the subject of Chinese interpreters and
their translations. The article is here reproduced as pointing
to a matter of public importance up to this date, and which
was then rightly termed by the writer one of the " grossest of $
all abuses ." The following was the article in question :—
CHINESE INTERPRETERS .
" The delusions as to facts are theirs ; but we ourselves are exposed to the
most serious delusions as to the Chinese meaning, by the mendacious qualities
of those translations which we consent to receive from our interpreters . These
Interpreters, manifestly British, are more palpably falsifiers from ignorance
INTRODUCTION. 11
than the Turkish from fraud. They know little enough, perhaps, of the
oral Chinese ; but everybody knows how much more difficult is the written
Chinese which it takes a long life to master in any reasonable proportion of
characters. At all events, the translations themselves are good evidence
that the translators are falsifiers. Even in our own literature, not one
translation in thirty from the German, but is disfigured by the vilest ignor-
ance of the German idiom. Under the government of Napoleon, Chenier,
who was personally pensioned by the State, and was sometimes employed to
translate Spanish despatches, etc., shows by mistranslations the most childish,
in his printed specimens from many Spanish poets, that he was a mere
incipient student of that language, at a time when he was undertaking the
Spanish literature, and when he was confidentially relied on by the French
Government. Yet, in such a case, the mischief had limits. Many Spaniards
are always to be found in Paris ; and too gross an error would at once have
awakened suspicion. In China, on the other hand, there is nobody on our
part to make a sceptical review of the translations, and sentiments the most
impossible to a Chinese mind pervade the whole documents. Thus the
Emperor is made to say at one time, that the English must be made prisoners
and conducted to Pekin, " there to undergo the last penalties of the law."
This phrase is a pure fiction of the translator's ; no such idea as that of the
law's supremacy, or a prisoner's death being a sacrifice to law and not to the
Emperor's wrath, ever entered or could enter an Oriental head--far less a
Chinese head. Again, in a more recent State paper, the Emperor is made to
say that one of the two nations militant must conquer, and one must die.
Here the very insolence of mendacity appears in the trauslator. What
Oriental potentate could by possibility acknowledge a deadly or a doubtful
contest ? What Chinese Sovereign, nursed in the belief that all Europe is
composed of a few petty islands in a dark corner of the world, abandoned
by all respectable people, who admits into his maps no important State but
Russia, and views himself as a brother of heavenly powers, would ever
present to his people even the hypothesis of such a dilemma ? The case
begins in ignorance, and ends in mendacity. We shall never obtain one
glimmer of the Chinese meaning, nor they of ours, if some remedy is not
instantly applied to the grossest of all abuses."
With what foresight these remarks were penned , this work
throughout will show .
The Hongkong Gazette, in its number of the 1st January, Progress of
1842 , while reviewing the progress of the island from the time Hongkong
after occupa
it was taken possession of in January of the previous year, tion.
mentions that nothing was done for its improvement until
May, 1841 , when a Chief Magistrate was appointed , and a
road commenced ; and that from May to August the popula-
tion increased most rapidly, estimating it, after the first year
of occupation, at about 15,000 persons . The population, then,
was stated to be hard-working, industrious, and cheerful , the
people too much engaged apparently with their own affairs to
have time for idleness, crimes having been anything but of
frequent occurrence, the magistracy and prison being also
*
mentioned as having been then completed.
These were the first two buildings erected in Hongkong. An interesting paper
from a Chinese point of view appears in the Chinese Repository, 1843. Vol. xii., pp.