ment, as in August last, called for tenders for passage to Bombay Transporta-
of thirty-one Chinese convicts, and to Singapore of transported
seven other tion of
convicts. Under what orders these men were to be convicts to
Singapore
to the places mentioned , as stated before, is not apparent, as the and Bombay.
proclamation of the 12th December, hereinafter mentioned, was
yet quite unknown , although it may be that from Bombay, as Convicts
the most convenient station , the convicts could have been taken taken to
Scinde.
over afterwards to Scinde.
that island, was appointed one of the British Commissioners, as also Chief Magistrate of
the place. But it is not as the mere soldier that Major Caine is known in India ; his
polished manners, honourable character, and general ability, obtained him the esteem and
friendship of a succession of General and other officers on whose staff he had served.
General Hardyman, Colonel Edwards (killed at Bhurtpore) , Brigadier McCombe, Sir
Samford Whittingham, Major-General the Honourable John Ramsay, and lastly General
Oglander, the good and the brave,' have successively been his friends and supporters.
Even in a higher quarter his merits were appreciated in a distinguished manner, he having
been selected as aide-de-camp, in 1839, by the Governor of Bengal to accompany Prince
Henry of the Netherlands, from Calcutta to Lucknow, Agra, and Delhi.
In May, 1841 , he was specially chosen to fill the important and arduous post of Chief
Magistrate of Hongkong. Cast, as it were, on the side of a barren mountain, with literally
nothing but a mat hut to shield him from the weather, the Chief Magistrate ' was left to
his own resources for an establishment.' Without architect or engineer, a suitable gaol,
Court House, etc., rose under his indefatigable industry and auspices ; and where the wild
dog howled three years ago, the houseless stranger, or old friend, now finds a warm and
hospitable reception. Frequently did he solicit , during the progress of the war, to be
allowed to join his regiment ; but the discriminating statesman at6 the head of affairs in
China had found in him a man capable of something more than hunting down the long
tails. The subjoined reply to one of his applications, needs no comment ; and only
requires to be known in the proper quarter to be fully appreciated :---
Ship Louisa, off Canton, May 22nd, 1841 .
Sir,-With reference to your note of the 19th instant, just received , wherein you request
that you may be granted ten days' leave to rejoin your corps during the present opera-
tions against Canton, I am directed by the Chief Superintendent to inform you, that he
regrets he cannot deem it right to accede to your request. The duties of your office at
Hongkong will not permit you to leave that place at a moment when no other officer of
the Government is on the spot, and the Chief Superintendent is well assured you must
feel with him, that, while in the office you now hold, it necessarily becomes your duty to
forego (however painfully) the privilege of being with your corps on any military opera-
tions in which it may be engaged.
I have, &c.
(Signed) J. R. MORRISON,
Acting Secretary and Treasurer.
Captain CAINE,
Chief Magistrate, Hongkong.
...........
The services of several of those on whom Fortune poured her favours so lavishly in
China, would not bear a moment's comparison with those of Major Caine. But, unfortu
nately, that officer's early achievements were performed in the humble grade of subaltern-
a rank, the bright deeds of which, like Sydney Smith's American Bills, have been too
often 6 repudiated.""
114 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. III § III. The Government had now determined to carry out some
1846. reform in regard to the frequent complaints heard latterly in
Mr. connexion with the administration of justice, and it must have
McSwyney
removed been with some satisfaction that the removal of Mr. McSwyney
from the from the Coronership on the 24th November was received . The
Coronership . Government then " relieved him from that office, " and appointed
Mr. N. D'E. Mr. N. D'E. Parker, in his stead. At this distance of time it
Parker
succeeds him , seems a wonder even that, after his extraordinary remissness in
connexion with the verdict returned by the Jury in the case ofthe
abandoned prostitute noticed in July last, that the deceased had
died by visitation of God and not through the wicked agency ofher
mistress, when the facts had been so clearly made out, he should
have been allowed to continue in the office at all ; and the result
of the inquest in connexion with the Duncan-Jenkins episode
already mentioned had doubtless hastened what, after all, must be
looked upon as a dismissal from office . As will be recollected ,
Mr. McSwyney was originally Deputy Registrar of the Supreme
Court, and had resigned office on the 1st May, 1845 , on admis-
sion to practise as a solicitor.†
* Antè p. 101.
See further in reference to Mr. McSwyney, Chap. XI., infrà.
115
CHAPTER IV .
1846 .
The Compton Case.--Appeal against the decision of H. M. Consul at Canton. - Con-
viction of Mr. C. S. Compton.-He is fined $200 for assault, etc. - Consular Ordinance
No. 2 of 1844.-Governor Davis confirms the sentence. His directions to the Consul.-
Consular Ordinance No. 5 of 1844.-Consul's proceedings a series of blunders.- Mr.
Compton appeals to the Supreme Court. -Consul McGregor's letter to the Registrar.--
Consular Ordinance No. 7 of 1844.- Chief Justice quashes the conviction. - The decision.
-Local and Home views of the case. -Lord Palmerston's despatch.- Lord Palmerston
and British subjects in China. - Result of Mr. Compton's complaint against the Consul
and Sir J. Davis to the Home Government. -Opinion of the Law Officers of the Crown
upon the Compton Case. - Lord Palmerston's instructions to Governor Davis regarding
Mr. Compton's conduct.-Governor Davis' uncalled-for strictures upon the Chief Justice
respecting the Compton Case. - Governor Davis as regards the result of the case.- Public
interest in the Compton Case. -Resolutions.-Petitions to Houses of Parliament.- Lord
Brougham.- Mr. T. Duncombe.- Publication of the papers for presentation to Parliament.
-The Compton Case the first appeal to the Supreme Court against a Consular decision.-
Charge against the Chief Justice by Governor Davis.
Chap. IV.
On the 26th November there was heard before the Chief Justice The Compton
an appeal case against the decision of Her Britannic Majesty's Case.
Appeal
Consul at Canton , who, by direction of Her Majesty's Pleni- against the
potentiary, had fined a Mr. Charles Spencer Compton , a British decision
of H. M.
merchant at Canton , $ 200 , for kicking over a fruiterer's stall on Consul
the 4th July, and beating with a cane a Chinese officer who at Canton.
Conviction
came out to admonish and stop him, and also with having on of Mr. C. S.
the 8th July beaten certain other Chinese and thereby excited the Compton.
He is fined
riots and bloodshed which had taken place on the latter day, and $200 for
in which three Chinese were killed . It was alleged that by Mr. assault, etc.
Consular
Compton's conduct the peaceful relations between the two coun- Ordinance
tries had been endangered . The fine of $ 200 was inflicted under No. 2 of 1844.
the Consular Ordinance No. 2 of 1844 for upsetting the fruit stall Governor
Davis con.
on the 4th July, and for pushing aside a Chinaman on the firms the
8th, which, it was stated, led to the riots previously mentioned . sentence.
His direc.
Sir John Davis approved and confirmed the fine, but directed tions to the
that it should be imposed under Consular Ordinance No. 5 of Consul.
Consular
1844, on the ground that Mr. Compton's conduct was a breach of Ordinance
the treaties with China and, as such, liable to punishment in a No. 5 of 1844.
Consul's
summary manner under the last mentioned Ordinance, without proceedings
the formality of a regular trial by the laws of England . The a series of
Consul's proceedings seem to have been a series of blunders blunders.
Mr. Compton
from first to last. Mr Compton appealed against the decision appeals to
the Supreme
of the Consul, Mr. McGregor, to the Supreme Court at Hong- Court.
kong. In a long letter to the Registrar, dated the 6th November, Consul
in forwarding the documents to the Court, Mr. McGregor recapi- Mcgregor's
letter to the
tulated the whole facts of the case, and the appeal eventually Registrar.
116 HISTORY OF THE LAWS, ETC. , OF HONGKONG .
Chap. IV. came before Chief Justice Hulme on Tuesday, the 24th Nov-
1846. ember. Mr. Parker appeared for the Crown, and, in answer to
the inquiry of the Chief Justice if he had cause to show why
the sentence should not be set aside, replied he had not .
After hearing Mr. Coley on behalf of Mr. Compton , who urged
that the whole proceeding was irregular and unjust, and that
a fair and open trial ought to have been afforded the appellant
Consular under the provisions of the Consular Ordinance No. 7 of 1844 ,
Ordinance
No. 7 of 1844, as the offence charged was a misdemeanour, the Chief Justice ,
in a lengthy and well- considered judgment setting forth both
facts and law, stated that, apart from considering the sentence
unjust, excessive, and illegal, there had been a total disregard
not only of the forms of justice but of justice itself, and that
the whole case was founded " on assertion on the one side and
Chief Justice
quashes the assumption on the other without any evidence." Accordingly
conviction. he reversed the sentence imposing the fine of $200 on Mr.
The decision. Compton . The decision, which further stated that "the
whole proceedings had been so exceedingly irregular as to
make it necessary to reverse the judgment altogether," seemed
inevitable, for probably there never was a case brought
before a Court of Appeal with so many legal informalities ,
and where the ordinary rules of evidence had been so utterly
disregarded . The Chief Justice agreed that Mr. Compton had
been sentenced under one law and fined under another, which is
contrary to all the principles of English justice. *
* In a despatch dated the 25th November, 1846 , the day after the final hearing of the
appeal. the Governor, Sir John Davis, forwarded a copy of the report of the case, including
the Chief Justice's decision , to Viscount Palmerston, and, as will be seen, while admitting
that Mr. Consul McGregor " had made mistakes in point of form which vitiated his
sentence" rather inconsistently if not unfairly animadverted upon the Chief Justice's
decision as follows :-
.....the amount of the fine as a penalty must be viewed relatively to
the offender's station and means ; and in this light , and under the aggravated circum-
stances of the case, it was not excessive. The only object of the penalty being the preven-
tion of similar violence in future, the Chief Justice must have been aware that any inter-
ference with it under present circumstances at Canton must be attended with mischief
and danger........ Mr. Hulme has, however, entirely remitted the fine on an appeal from
Mr. Compton. This was not the verdict of a jury, but Mr. Hulme's individual opinion
and judgment ; and I regret extremely it was in his power to interfere. Though I cannot
agree that Ordinance No. 5 does not refer to all disputes between Chinese and English,
I have been advised to let his judgment have its course, notwithstanding its manifest evils ;
but some fresh Ordinance will inevitably be required to prevent such mischievous inter-
ference in international cases ; and with the assistance of the Legislative Council, I
propose taking such an Ordinance into consideration ......... Enclosed with this despatch is
a copy of the report of Mr. Hulmie's decision and a copy of the rule. As to the law ofthe
case, Mr. McGregor, being no lawyer, and having (like myself, in the absence of the
Attorney-General) no legal adviser, has made mistakes in point of form which vitiate his
sentence ; and this sentence was not communicated to me until after he had sent it to Mr.
Compton. Mr. Hulme suppresses the fact that Mr. Compton provoked the blow of the
Chinese by the assault of pushing him aside. He suppresses the fact of the Chinese
being seized and tied up, which really caused the riot. He also suppresses the fact of
the written warning which Mr. Compton had received only the day before his first
act of violence. I hold the highly responsible office of preserving peace between the two
countries, and therefore look to Your Lordship for a fair estimate of my motives in desiring
to restrain the excesses of the English within the Chinese territories, where the inherent
HOME VIEWS OF THE COMPTON CASE . 117
This case, which had absorbed the attention of every one in Chap. IV.
--
Hongkong for a long time, and was expected to create quite a 1846.
sensation in England, upsetting everything and everybody, was Local and
Home views
received with most provoking indifference at Home. The views of the case.
expressed in The Naval and Military Gazette of the 30th January,
1847 , coincided in a great measure with that held by the less -pre-
judiced and more sober-minded residents of both this Colony and
Canton. The Times and The Morning Chronicle expressed them-
selves much to the same effect, that violence on the part of
Englishmen, regardless of consequences, was to be deprecated,
especially when recourse might be had to our consular officials .
The local abusive writing on the subject, which was intended
for strong, but would have been there considered scurrilous and
intemperate language, did not seem to have met with a single
response in England . The despatch of Lord Palmerston, to Lord Pal-
merston's
whom Mr. Compton had appealed , appeared fully to approve despatch.
and confirm the proceedings of the local authorities, and just as
explicitly to condemn all that had been alleged in favour of Mr.
Compton. By a despatch dated the 24th January, 1847 , Viscount
Palmerston informed Her Majesty's Plenipotentiary, Sir John Lord Pal-
merston and
Davis, that he entirely approved of his having fined Mr. Comp- British sub-
ton ; for he considered it indispensable that British subjects jects in
in China should be taught that if, on the one hand , Her Majesty's China.
Government will exact and require from the Chinese that
British subjects should be as free from molestation and insult in
China as they could be in England, yet, on the other hand, Her
Majesty's Government will exact and require from British
subjects that they shall in China abstain as much from offering
molestation and insult to others as they would if they were in
England ; and it never could be tolerated that they should
indulge towards the people of China in acts of violence and
contumely which they would not venture to practise towards
the humblest and meanest individual in their own country.
On appealing to the Home Government against the conduct of Result of Mr.
Compton's
the consular authorities and Her Majesty's Plenipotentiary, complaint
Mr. Compton was informed by despatch dated the 11th March, against the
rights of the Government have been given up to us. Mr. Hulme's argument will operate
I fear, as an encouragement to our people to be violent in a place like Canton. where the
elements of mischief are rife. It is with great satisfaction I state that Major-General
D'Aguilar, to whom I have read this despatch, requests me to add that he " entirely
concurs in every word of it," and that he is prepared, as a member of the Legislative 71
Council, to aid me in providing as much as possible against the chances of evil .....
* The only point in dispute secmed to have been whether the case came under the
Consular Ordinance No. 7 as a common misdemeanour, or, as alleged by Sir John Davis,
under Ordinance No. 5, as the cause of a riot and breach of treaty. Now, in his despatch
of the 24th January referred to above, one is led to infer that Lord Palmerston in saying
that he entirely approved of Sir John Davis having fined Mr. Compton, meant to refer
to Ordinance No. 5, but in a despatch No. 31 of the 24th February, referred to further on,
he said that the Law Officers of the Crown had reported to him that in their opinion Mr.
Compton might and ought to have been punished under the provisions of the Ordinance
No. 7 of 1844.”
118 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. IV. 1847 , that Her Majesty's Government entirely approved of
1846. the conduct of Sir John Davis, in directing Her Majesty's
Consul and
Sir J. Davis Consul at Canton to proceed against him, and they regretted
to the Home that, in consequence of the irregular manner in which those
Government.
proceedings were conducted, he had escaped the penalty which
he would otherwise have incurred . The two despatches in
tone and spirit could not have been too much commended ,
Opinion of
the Law both for their abstract justice and for their practical policy,
Officers of when such difficult relations have to be maintained as those
the Crown
upon the between this country and China. Mr. Compton had wantonly
Compton and offensively provoked some of the inhabitants of Canton ,
Case.
for which Lord Palmerston, in a despatch dated the 24th Feb-
Lord Pal- ruary, 1847 , stated that, in the opinion of the Law Officers
merston's
instructions of the Crown , he might and ought to have been punished
to Governor by proceedings in the Consular Court of Canton. Instead
Davis regard of this, he had been proceeded against irregularly, and thus
ing Mr.
Compton's to a certain extent escaped the legal consequences to which
conduct.
he had exposed himself. " Under existing circumstances ,
Governor
Davis' un- continued Lord Palmerston , in the last quoted despatch to Sir
called-for
strictures John Davis, " no further proceedings are to be instituted against
upon the him on account of his conduct, but you are not to offer to him
Chief any apology or amends for what has occurred to him ." The
Justice
respecting Governor's uncalled - for strictures upon Mr. Hulme, the Chief
Case.Compton
the Justice, in connexion with his action in the matter, do not
Governor appear to have met with any response from Lord Palmerston,
Davis as
regards the though it is but natural to infer that, having regard to the
result ofthe whole facts of this case, perhaps the Governor had reason to
case.
be incensed, at the time, at the ultimate result of the proceed-
ings which he himself had directed should be taken against
Public Mr. Compton. This case had excited considerable interest in
interest in
the Comp ton Canton among the other British merchants, who made it their
Case. own in a series of resolutions which were publicly adopted , and
Resolutions. forwarded to Government at Home along with Mr. Compton's
Petitions to account of the affair. Petitions also were sent to England to be
Houses of
Parliament. presented to both Houses of Parliament by Lord Brougham and
Lord Mr. T. Duncombe ; but, as they were never heard of afterwards,
Brougham.
Mr. T. Dun- it is to be presumed that Lord Brougham at least was too good a
combe.
lawyer not to perceive in what consisted the weakness of the peti-
Publication tioners ' case. " Papers relating to the riot at Canton in July,
of
forthe papers- 1846 , and the proceedings taken against Mr. Compton , a British
presenta
tion to subject, for his participation in that riot," were afterwards printed
Parliament. and " presented to the House of Commons by command of
Compthe Her Majesty." These voluminous papers were subsequently
The Case
ton
first
to theappeal reproduced in the local papers and afforded considerable matter
Supreme for public discussion locally. This was the first case in which
Courtagainst
a Consular an appeal had been made to the Supreme Court from any of the
decision. Consular Establishments , and the evidence had only been pro-
THE COMPTON CASE AND CHIEF JUSTICE HULME. 119
duced on a special application . As will be seen hereafter, this Chap. IV.
case formed the subject of recriminations between the Chief 1846.
Justice, who had properly refused to be dictated to, and the Charge
Governor, ending in the latter formulating a charge of drunken- against the
Chief Justice
ness against Mr. Hulme. † by Governor
Davis.
* See Chapter VII., infrà.
† See Chapter VIII. , infrà.
120
CHAPTER V.
1846-1847 .
SECTION I.
1846 .
Major Caine audits the Registrar's accounts. -Arrival of Mr. C. M. Campbell, Barrister-
at-Law, from Calcutta. His admission to the local Bar. - He is appointed acting Attorney-
General during Mr. Sterling's absence on leave. And a member of the Legislative
Council in the room of Major Caine. - Departure of Admiral Cochrane.- Admiral Ingle-
field.--Transportation of Chinese convicts to Scinde and of other Asiatics to Singapore.--
Prosecution of Indian Police for allowing prisoners to escape.--Charge against Captain
Greig of the John Cooper for assaulting his crew.—Judicial affairs generally in 1846.-
Review.
SECTION II .
1847 .
Major Caine and Mr. Mercer gazetted Justices of the Peace.- Disregard of public clean-
liness ; the law of the road ; proper lighting of the streets.--Maintenance of door lamps
by householders.-- Instructions to Police.-Appointments in the Admiralty Court.--First
session of the Admiralty Court. -Letters Patent of 10th January, 1846. - Chief Justice's
address to the Grand Jury. -Case of Captain Greig, of the John Cooper. - Result of the
other cases. - Sentence of transportation for life.-- Sentence of death. -Acquittal of
Captain Greig approved of. — Incapacity of Mr. Hillier.-- Subserviency of the Magistracy
to the Executive. —The Jury, a protection . -Chief Justice Hulme an upright and inde-
pendent Judge. — The best guardians of liberty. - Chief Justice Hulme eulogized . —Euro-
pean Police, frequent prosecutions against.- Defective system of recruiting.-Series of
prosecutions against Police.- Comment.- Police as Prison warders. -Delinquencies of
Police and proceedings before the Police Court. - Public confidence shaken. -Confidence
in the Supreme Court. - The new Registration Ordinance, No. 7 of 1846.- Pirates and
thieves. Triad Secret Society flourishing.-Contents of and Police powers under Regis
tration Ordinance.-Based on Chinese principle of mutual security.-Bad characters
leaving the Colony. -The Police and the Ordinance. - Mr. S. F. Fearon, Registrar-General
and Collector of Chinese revenue. -Appointed Professor of Chinese at King's College .
London. Mr. Inglis appointed to act in Mr. Fearon's place.-- Mr. Fearon's inaugural
lecture. Piracy flourishing.-- Mr. D. R. Caldwell, Assistant Superintendent of Police.-
February Criminal Sessions. - Trivial cases committed. -The Jury complain to the Chief
Justice. The Chief Justice's reply.- Flogging ceases consequent upon Dr. Bowring's
motion.-Incapacity of Mr. Hillier.- Reason for sending up paltry cases for trial.- The
Chief Justice on the subject . - Mr. Hillier acting under orders of the Executive . Com-
ments. The soldiers and the Police. Casc of Privates Connors and Williams. -Military
orders anent the Police. -The Chief Justice on military orders and the civil law. - Convic
tion of the soldiers. - Military authorities deny issuing order that military are independent
of the Police.--Public comment.--Actual facts.- Important Civil Cases.-- Sir John Davis,
rumours of resignation. - Regarding the appointment of a Chief Magistrate. -A legally
qualified person desired . - Mr. Hillier's qualifications.-Mr. Hillier partly relieved of his
Chap. V § I. responsibilities . - Lieutenant Wade resigns Chinese interpretership of the Supreme Court-
He is succeeded by Mr. J. M. Marques . -New Rules of Court.
Major Caine
audits the
ON the 2nd December, 1846 , Major Caine, Acting Colonial
Registrar's
accounts. Secretary and Auditor- General, was appointed to audit the
Arrival of
Mr. C. M. accounts of Mr. Cay, the Registrar, under the Ecclesiastical
Campbell, Jurisdiction of the Court, and on the 4th, Mr. Charles Molloy
Barrister-at-
Law, from Campbell , barrister-at-law, of the Middle Temple, arrived here
Calcutta. by the brig Anonyma from Calcutta, having left the latter
MR. CHARLES MOLLOY CAMPBELL. 121
place on the 1st November. Under what circumstances he Chap. V § I.
---
arrived in the Colony, the Court records do not show. It will 1846.
be recollected that Mr. Sterling, the Attorney-General , had left
Hongkong on leave early in September ; whether the Govern-
ment had asked for a locum tenens in the meantime or not from
the Government of India is not apparent, though that some
such step had been taken may be inferred from the fact that Mr.
Parker, who was a solicitor , had , after Mr. Sterling's departure, His
admission
been appointed Crown Prosecutor to carry on criminal prosecu- to the local
tions only, and the local Government was thus left without a bar.
legal adviser. Be that as it may, the Court records show that appointed
He is
on the 10th December, Mr. Campbell was admitted to practise acting
as a barrister, and on the 14th December, " subject to the plea- Attorney
General
sure of Her Majesty's Government," he received the appointment during Mr.
of acting Attorney-General during the absence on sick leave of Sterling
absence'son
Mr. Sterling, and was also gazetted on that day a member of leave.
the Legislative Council in the place of Major Caine, the Colonial Anda
member of
Secretary, who, strangely enough, the records say, had resigned the
Legislative
his seat in that Council. No doubt his resignation was to make Council
in the room
room for Mr. Campbell, though for what reason is not shown . of Major
Admiral Sir Thomas Cochrane, who had figured in Court in Caine.
connexion with the prosecution for libel against the editor of a Departu re
of Admiral
local paper in June, 1845 , took final leave of this Station on the Cochrane,
8th December, proceeding to Singapore by H.M.S. Agincourt, Admiral
there to await the arrival of his succes sor Admiral Inglefield . Inglefield,
In the exercise of the powers vested in him, with the consent
of the Home Government and of that of India , the Governor,
by proclamation dated the 12th December, announced that
Chinese offenders under sentence of transportation would be sent Transporta-
to the province of Scinde in the East Indies, and that tion of
Chinese
Asiatics and other persons not Europeans under similar convicts
sentences, would be sent to Singapore in the Straits Settlements . to
andScinde
of
But deportations to Bombay and Singapore had already been other Asiatics
to Singapore.
effected in August and November of this year.
In consequence of repeated complaints against the Police Prosecution
for allowing prisoners when in their charge to escape, on the of India
Police for
28th December, twelve Indian policemen were prosecuted for allowing
prisoners to
this offence and fined $ 3 each. escape.
The Chief Magistrate's Court was occupied several days dur- Charge
against
ing December in investigating a serious charge brought against in
Captain Greig of the John Cooper, for violently assaulting his Greig of ther
John Coope
erew with lethal weapons and placing the lives of two of them in for
jeopardy. Mr. Coley appeared for the prisoner and Mr. Goddard assaulting
his crew.
for the men. The charge had been instituted by the authorities ,
and the case was eventually committed for trial before the new
Admiralty Court on the 14th January, 1847 .
122 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. V § I. The year 1846 was conspicuous for the number of murders
1846. committed by natives upon their own countrymen , robbery in
Judicial many instances being the motive, and in some cases these murders
affairs
generally in were of a revolting nature, baffling all description . The Govern-
1846.
Review. ment in several cases offered large rewards for the apprehension of
the murderers . Though house- breaking and piracy had also
been more common , these crimes were, comparatively speaking,
of less frequent occurrence than formerly, but other offences
had sprung up of far greater enormity in connexion with
secret societies especially, but which, as they were not directed
against the European inhabitants , attracted comparatively little
attention . The number of lawless miscreants had increased , and
scarcely a week had passed unmarked by some instance of
murder, stabbing, or other aggravated assault chiefly committed
by the Chinese, when the Indians or their own countrymen
were the victims. How the evil was to be put down had been
a matter for grave consideration . The Police Magistrate had
suggested, by Government Notification in August, that persons
going beyond the limits of the town should not do so alone or
without arms . This notice was simply an intimation on the
part of the authorities that the residents should find the means
to protect themselves beyond the borders of the town , as the
Police were unable to assist them ; an open confession of weak-
ness justifying probably the complaints made against the Police
during the year . Instead of sanctioning the indiscriminate
possession of weapons by the natives and others as the notice
previously mentioned practically did, for it was expressed in
general terms, it certainly would have been more desirable to have
limited the right, and adopted more stringent measures for carry-
ing out the then existing law, rendering it penal in a Chinaman
especially to have in his possession any dangerous instrument
for which he had no evident lawful occasion or could not satis-
factorily account for . The Police case, which Dr. Bowring
made the subject of a motion in Parliament, might very well
have been suffered under ordinary circumstances to pass
unnoticed, and it must have appeared absurd, as some had done,
to conjure up pictures of the havoc this form of sentence.
created among the respectable portion of the Chinese community.
Some people professed to be very much shocked at the idea of
prisoners being sentenced to be flogged, apparently forgetting
that in those very days this mode of punishment was still much
practised within Great Britain itself. Even now there is not
probably one well -informed person who would not admit the
necessity, without any false sentiment whatever, for some such
provision as flogging, though it may be, owing to the then
condition of affairs, flogging had perhaps been indulged in to
excess. Full and regular meals with ample time to sleep,
OPENING OF THE VICE - ADMIRALTY COURT. 123
though carrying loss of liberty, are not sufficient deterrents to Chap . V § I.
crime such as one would expect from the lawless hordes who then 1846.
infested and still infest Hongkong from the mainland. It may
be remarked , however, in reference to Dr. Bowring's motion ,
that it was not even alluded to in the summaries of the London
weekly papers and occupied only a few lines in one of the
dailies. The subserviency and incapacity of the Magistracy
had called forth much public comment, but, having regard to the
early condition of the Colony, no doubt some such provision as
control by the superior authorities over the minor judicial
officers was to some extent necessary, however, objectionable
this may have appeared at the time, having regard especially to
that very ignorance or want of experience so often displayed and
complained of. At all events this subserviency or control
rather avoided any possible friction between Government and
its inferior judicial employés in relation to ordinary Police
matters, the only jurisdiction they could exercise . The prin-
cipal object of the Government seems to have been to keep the
people as orderly as possible, but when grave errors were com-
mitted, as in the case of Mr. McSwyney, the Coroner, the Govern- Chap. V § II.
ment do not appear to have hesitated to effect reforms . -
1847.
Major Caine
On the 8th January, 1847 , Major Caine and Mr. Mercer, and Mr.
Mercer
the Treasurer, were gazetted Justices of the Peace for Hongkong, gazetted
and great disregard having been paid to the provisions of Justices
clauses 1 and 7 of section 2 , and clause 4 of section 3 , of of the
Peace.
Ordinance No. 14 of 1845 , relating to public cleanliness , the law Disregard
ofpublic
ofthe road, and the proper lighting of the streets, as for instance, cleanliness ;
every householder maintaining a lamp before his door , it was the law of
the road ;
notified , on the above date also,. that the Superintendent of proper
Police had been instructed strictly to enforce them. At the lighting
of the
same time persons ignorant of the " law of the road " were streets .
informed that " a horse or carriage, when passing another, Maintenance
of door
should keep the right, and when meeting another, the left hand lamps by
householders.
side of the road ." * Instructions
to Police.
Appointments in connexion with the Admiralty Court having Appoint-
been made sometime before the opening of the Court, these Admiral
ments intythe
were on the 12th January, 1847 , duly published and were as Court.
follows : Mr. C. M. Campbell, acting . Attorney- General, to be
Her Majesty's Advocate iu Admiralty ; Mr. Robert Dundas Cay,
Registrar of the Supreme Court, to be Registrar, and Mr.
Charles Gordon Holdforth, the Deputy Sheriff , to be Marshal
of the said Court. Mr. Norcott D'Esterre Parker, Solicitor and
* " The rule of the road is a paradox quite.
If you go to the right you are sure to go wrong,
If you go to the left you go right."
† See antè p. 95.
124 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. -V § II. Coroner, was also gazetted on the said day as Proctor in
1847. Admiralty.
First session The first session of the Court constituted , as will be remembered ,
of the
Admiralty under Letters Patent of the 10th January, 1846 , and published
Court.
on the 9th May of the same year, was opened on Thursday,
the 14th January, 1847 , the Chief Justice presiding, assisted
by Major Caine, the Acting Colonial Secretary, and Mr. Hillier ,
acting Chief Magistrate, as Commissioners . Captain Talbot, of
H. M. S. Vestal, the Senior Naval Officer in command, joined
the Commissioners in the course of the day and took his seat on
the Bench.
Letters
Patent The Letters Patent constituting the Court, having been read
of 10th by Mr. Cay, the Registrar, the Court being held under the law
January,
1846. of England and the local Ordinances regulating the Supreme
Court not applying, some discussion arose as to who could sit
as jurymen, when the Chief Justice decided that only those on
the Sheriff's roll could be called . The cases were accordingly
submitted to a Grand Jury, the Petty Jury being composed of
twelve men . The Grand Jury having been balloted for, and
Chief having elected a foreman, the Chief Justice addressed them in
Justice's
address relation to the cases before them, as follows :
to the
Grand " Gentlemen of the Grand Jury,
Jury. There are four cases to come before you, none of them requiring any
particular explanation. Two of them are against the Captain of a merchant
vessel, and the other two are for piracy : all being for acts committed on
the high seas. In the case of the Captain, you will bear in mind the
power committed to him to enforce discipline among his crew, and it is for
you to consider whether or not he has exceeded that power. It is for you
to decide whether any or all of these cases require further examination before
a Petty Jury ."
Case of
The Grand Jury, after a pretty long deliberation , returned
Captain
Greig of the into Court, and reported they had found a true bill in one of
John Cooper, the cases (mentioned specially by the Chief Justice in his
address quoted above ) against Captain Greig. A Petty Jury
was then balloted for and the trial proceeded. Some time after,
the Grand Jury returned and stated they had found true bills in
the other two cases.
Result
of the In the case of Captain Greig, who was defended by Mr. Coley,
other cases. the Jury acquitted him, thinking him, under the circumstances
Sentence of the case, justified in acting as he did. In the other two cases ,
oftransporta
for life. the prisoners were all found guilty , being sentenced to trans-
Sentence of
death. portation for life in the first, and sentence of death being passed
Acquittal in the second. The acquittal of Captain Greig gave great
of Captain satisfaction . It afforded another instance of the gross incapacity
Greig
approved of. of the committing Magistrate, Mr. Hillier, in having sent such a
Incapacity
of Mr. case for trial, but, despite the follies of the Executive, who had
Hillier. instituted the charge, and under whose direct instructions Mr.
THE STATE OF THE POLICE FORCE. 125
Hillier had acted , the higher tribunal afforded ample protection Chap. V § II.
to all those who were brought before it. A more trumpery 1847.
case, from all accounts, had never before been brought before
any tribunal, the prosecutor breaking down on his own evidence,
and the Jury bringing in a verdict for the prisoner without
hearing his evidence . The charge apparently arose from a
refusal of the prisoner, having regard to the interests of his
owners, to listen to the dictates of his crew, who had become
mutinous, and allow his ship to remain in an open and dan-
gerous roadstead. Those who were ignorant of the state of
affairs in Hongkong might possibly have expressed surprise
at such a case having been committed for trial at all, but
to the residents , however, nothing came as a surprise, as it was Subserviency
well known that the Magistracy was entirely under the control of the
Magistracy
of Sir John Davis . An intelligent and impartial Jury and an tothe
Executive.
upright and independent Judge, such as Mr. Hulme was , were The Jury ,
the best guardians of liberty, and it was deemed a matter for a protection.
thankfulness , and not unnaturally so under the circumstances, Chief
HulmeJustice
that the community had this protection . The conviction was an upright
daily becoming stronger that in the Chief Justice, -considering and
independent
the independence he had shown on the Bench, the residents Judge.
of Hongkong had an invaluable acquisition . This apparently The best
was not spoken in the language of idle compliment, but un- guardians
liberty. of
doubtedly embodied the sentiments expressed by those who not chief
only had come in contact with Mr. Hulme, both in private and Justice
Hulme
in public, but had had the opportunity of studying him. eulogized.
The European Police, the subject of so much animadversion European
Police,
in the past, and in whom the public reposed so little confidence, frequent
were now being prominently brought before the public by the prosecutions
frequent prosecutions instituted against them . Apart from the against.
Defective
other elements of which the Police Force was constituted, this systemof
showe primarily that the system of recruiting was defective, recruiting.
the European Police being mostly composed of discharged
soldiers . Evidently the Government had now decided upon
gradually weeding out the bad lot, and the following series of Series of
prosecutions instituted in the Police Court, within a short time prosecutions
against
of each other, early in the year, will give an idea of the utter Police.
worthlessness of some of these men :-
Arthur Robertson, European P. C. - Sentenced to be dismissed from the
Force and to pay a fine of $20 or suffer 10 days' imprisonment for being
asleep on his post while guarding a prisoner under sentence of death, and
for general misconduct.
Simmon, Indian P. C.- Charged with assaulting the complainant, who
stated that the prisoner had taken some of his cakes, and, when asked for
payment, struck him on the forehead with a stone. Fined 10/- to the Queen
and 5- cost to complainant ; in default 7 days.
Two other Indian Constables charged five days afterwards, with similar of-
“fences, were ordered to be imprisoned for one month and dismissed the Force."
126 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. V § II. John Legg, European P. C. - Fined $3 for being drunk and using bad
language.
1847.
Henry Chorley, European P. C. - Stationed at the Gaol - fined $ 7 for be-
ing drunk and unfit for duty.
James McGowan. -Charged with repeated acts of drunkenness - reported
14 times. Dismissed the Force.
James Allen . - European P. C. - On duty at the Gaol -Charged with
repeated instances of drunkenness and neglect of duty. Prisoner was incor-
rigible. He frequently complained of being sick which the Colonial Surgeon
stated was the effect of dissipation. Sentenced to forfeit half his pay and
to be dismissed the Force .
Patrick Fulham.-European P. C. - Charged with being drunk and unfit
for duty. To forfeit his pay and fined 5-.
James Byrne.--European P. C. - Found lying drunk under the verandah of
the Police Office. He had been lately very neglectful of his duty , and had
been reported twelve times for misconduct. Fined $ 10 or one month.
Comment. These were the men , irrespective of the case against the four
European Constables tried at the Criminal Sessions in April
following for larceny, to whom the lives and property of the
inhabitants had been entrusted . As may be seen from the
Police as above compilation , the Police Constables acted in the capacity
Prison
warders. of warders as well, and it was no wonder that complaints were
made in connexion with escapes of prisoners from the Gaol and
otherwise.
Delinquen- The delinquencies of the Police, and above all the proceedings
cies of
Police and before the Police Magistrates, had utterly shaken the faith of
proceedings the people in the purity of the laws and the rectitude of the
before the
Police Court. local rulers. It was true the Supreme Court stood a bright
Public example of a Christian people, and that justice undefiled was
confidence there administered alike to the rich and to the poor, to the
shaken.
Confidence Christian and to the heathen . But, unfortunately , before the
in the
Supreme people of Hongkong had been blessed with a Supreme Court,
Court. the evil had already been done, and now the proceedings of both
Police and Police Court, were not such as to counteract the
malign influences of oppression and injustice.
The new The new Registration Ordinance, entitled " An Ordinance to
Registration repeal Ordinance No. 18 of 1844, and to establish a more
Ordinance,
No. 7 of 1846. effectual registry of the Chinese inhabitants , and a census of the
population of Hongkong," and numbered No. 7 of 1846 , was
promulgated on the 14th January, 1847 , and as an act of legis-
lation it was but a modification of the enactments of its three pre-
decessors, though better fitted to effect its object. If energetically
carried out, the Ordinance seemed better calculated to gain the
desirable end of ridding the island of the swarms of pirates and
Pirates and common thieves who had made Hongkong their chief place of
thieves.
resort, having found probably that with the ignorance of their
persons and language they were pretty sure to escape detection .
THE REGISTRATION ORDINANCE . 127
Here it was that the Triad Secret Society flourished unchecked , Chap. V § II.
Hongkong having become its headquarters for the South of 1847.
China, and three - fourths of the Chinese population were believed Triad Secret
Society
to have been enrolled as members . With such a society flourish- flourishing.
ing, and with a Police ignorant not only of the habits and
haunts of the most active and dangerous portion of its members ,
but unable to converse with those who did know them, it was
not at all wonderful that crime should have been on the increase
and its detection become every day more difficult. The new Contents of
Ordinance contained enactments conferring substantive powers and Police
powers
upon the officer charged with carrying its provisions into under
effect . It was based upon the Chinese principle of mutual Registration
Ordinance.
security. Householders were registered , having a delegated Based on
Chinese
power to grant certificates to residents under their roofs , for principle of
whose good behaviour they were held responsible. This system mutual
appeared practicable, and it was hoped would work well , so that security.
the native population would be purged of the scum which , until
recently, had made Victoria their city of refuge . For some Bad
months past the bad characters had been gradually leaving the characters
leaving the
Colony, and had established themselves on a neighbouring Colony.
island. A rigorous enforcement of the new law would effectu-
ally check their return, but this duty required to be entrusted
to men of discretion as well as principle, as, by section 14
traders and other respectable Chinese visiting the Colony for
the purposes of trade were not required to furnish themselves with
tickets of registration . It was particularly desirable that such The Police
men should not be interfered with or alarmed by the Police, andinance.the
for it was not such a difficult matter after all, in the great major-
ity of cases, for the Police to be able to distinguish between a
suspicious character and one who was not. It was known that
the able Superintendent of Police, Mr. May, would not protect
his subordinates should they show any disposition to extort
money from strangers who had not tickets , but as a rule un-
fortunately there was little faith in the men, many of whom
were known to be bad and to have , had too much practice at
all events in the old squeezing system . Mr. S. F.
Fearon,
Registrar-
Mr. Samuel Fearon , the Registrar- Gen eral , who had proceeded General and
on leave of absence in July, 1845 , and who on the 30th January, Collector
Chinese of
1846, had been gazetted in London as " Registrar- General and Revenue.
Collector of Chinese Revenue for Hongkong," received in De- Appointed
Professor of
cember, 1846 , the appointment of Professor of Chinese Language Chinese at
and Literature in King's College, London . On his appoint- King's
College,
ment, Mr. Inglis , who had been acting for Mr. Fearon, since London.
Mr. Inglis
his departure in July, 1845 , was appointed in his place subject appointed
to Her Majesty's pleasure. Thus one of its earliest officials to act in Mr.
Fearon's
severed all connexion with the Colony. On the 20th April , place.
128 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. V § II . Mr. Fearon delivered his inaugural lecture, before a numerous
1847. audience , including several of the most distinguished members
Mr. Fearon's of the Council of the College, amongst whom were Sir George
inaugural
lecture. Staunton, Lord Radstock, and Sir Robert Harry Inglis.
Piracy In the neighbourhood of the Colony, piracy was still being
flourishing.
Mr. D. R. carried on with the same undaunted defiance, and almost with the
Caldwell, same impunity, especially on the native shipping, but since the
Assistant
Superin- appointment of Mr. R. D. Caldwell, whose knowledge of the
tendent of Chinese language and means of acquiring information of their
Police.
plans and schemes as Assistant Superintendent of Police, it was
anticipated that, if not altogether suppressed in the immediate
locality, the villains would at least receive a check and be more
frequently brought to justice.
February A Criminal Sessions of the Supreme Court was opened on the
Criminal
Sessions. 15th February, 1847, and continued its sittings for four days.
Trivial and, as latterly had been the case, the Court was chiefly occupied
cases
committed. with the trial of some paltry cases, consisting mostly of petty
larcenies and other trifling offences that should not have been
The Jury sent to a Jury : so undeniable was this, that the Jury addressed
complain to the Chief Justice complainin of being
the Chief g called away from their
Justice. business to dispose of trifling cases which might well have
The Chief been disposed of by the Magistrates. The Chief Justice replied
Justice's
reply. he would do all in his power to remedy the evil complained of.
What the committing Magistrates were about, could not be
imagined-at times they would commit for the most trifling
offences and at others dispose of most serious ones, apparently
Flogging with every confidence in their own powers. The system of flog-
ceases
consequent ging so long practised in the Magistracy had now altogether
upon Dr. ceased in consequence of the exposure in the House of Com-
Bowring's
motion . mons by Dr. Bowring. It was a fact that before this, many
cases of a serious and aggravated nature which should have been
committed for trial had been disposed of in the Police Court
by the offenders being sentenced to be flogged, in addition to
fine and imprisonment, and latterly, since flogging had been
denounced , the most petty and ridiculous charges had been
Incapacity sent to the Supreme Court. The incompetency of Mr. Hillier,
of Mr.
Hillier. the acting Chief Magistrate, was beyond conception, convictions
Reason for
sending up in cases of mere suspicion being quoted, and it was feared that
paltry cases in troubling the Supreme Court with the number of paltry
for trial.
cases he had recently sent up, he had been influenced by feel-
The Chief ings not very creditable, namely, that he, no longer being
Justice on allowed to flog, committed cases with the object of obtaining
the subject. heavier sentences. However, the Chief Justice was determined to
Mr. Hillier
acting under put a stop to this, and disposed of all minor cases in a summary
orders ofve.
Executi the manner by fine or imprisonment. As Mr. Hillier acted under
Comments. orders his conduct was considered somewhat excusable, but he
THE MILITARY AND CIVIL LAW . 129
was blamed for submitting to the dictum of any one so long as Chap. -V § II.
he was on the bench. By doing so, he degraded the civil law 1847 .
and rendered it subservient to the Executive Government. It
was the glory of a free people that the Government had no
control over the Judges of the land, and if they had, it was but
the disgrace of nepotism .
In one of the trials at this Sessions, two soldiers of the The soldiers
and the
18th Regiment, named Thomas Connors and James Williams, Police.
were accused of riot and assault in the house of John Cockrill , Privates
Case of
landlord of the Commercial Inn , on the 5th December, 1847. The Connors and
Police had refused to interfere when first asked for assistance , Williams.
but the riot becoming rather serious , one of the inspectors went
to the spot and arrested the two men . It appeared in evidence
that " the soldiers called out that they might do as they pleased ;
that according to the orders they had received in the barracks, Military
the bloody Peelers had nothing to do with them. " The Police orders anent
the Police.
corroborated the assertion by stating that they had received
orders to that effect. The Jury returned a verdict of guilty.
In passing sentence, the Chief Justice remarked that "it was The Chief
a most extraordinary opinion that any order from a Command- Justice
on military
ing Officer could exempt a soldier from being amenable to the orders and
civil law. " Both Judge and Jury, however, were satisfied that the civil law.
Conviction
such an order had been given . The soldiers were sentenced to of the
soldiers.
be imprisoned for twelve months.
On the 24th February, the Assistant Adjutant- General Military
addressed a letter to the Colonial Secretary , in which he said : authorities
deny issuing
"I am directed to acquaint you, for the information of His order that
Excellency the Governor, that the statement attributed to cer- military are
independent
tain soldiers of the 18th Regiment, as regards the issue of an of the
order declaring them to be independent of the Police, is wholly Police.
without foundation ." This denial rather mistified the public , Public
it being clear from the concurrent evidence of the Police and comment.
the soldiers, that information had been conveyed to them, and
that the Police had been told not to interfere with the military.
Truth is not easily hid, and in this instance it forced its way
to the light. It appeared that no general order had actually Actual facts,
been issued, but that the General had made a speech (with the
best intention no doubt) to the Regiment, and which had
evidently been misconstrued , intimating that " the Police had
received orders not to trouble them, provided they did not
trouble the Police, " and thus ended another of those petty
storms which so often burst forth in the earlier days of the
Colony, without doing much harm, however, to those most con-
cerned in raising them.
The records of this month disclose some important civil cases Important
tried before the Supreme Court, but no point of law turned Civil Cases,
upon any ofthem.
130 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. V § II. The resignation of Sir John Davis began now to be generally
-
1847. talked about, and it was hoped, if true, that his resignation would
Sir John bring about other changes " equally desirable. Upon this
Davis,
rumours of point there was , however, no certainty, but the appointment at
resignation. least of a Chief Magistrate, in succession to Major Caine, legally
Regarding
the qualified to perform the onerous duties of his office , was
appointment anticipated . With the repeated complaints that had been made
of a Chief
Magistrate. from time to time as to the mode of dispensing justice at the
A legally Magistracy, this was considered indispensable, and it was
qualified thought that no one more than Mr. Hillier himself realized
person
desired. that fact, for, according to a Government Notification published
Mr. Hillier's on the 1st March, His Excellency the Governor " acceded to
qualifications. Mr. Hillier's request of resigning the office of Sheriff, Provost
Marshal, and Marshal of the Admiralty Court," and appointed
Mr. C. G. Holdforth, the acting Assistant Magistrate since June ,