that it had been the custom to arrange the list according to the
amount sued for, so that a suit for $500 , though entered at the
last moment, came on for trial first. The complainant said he
thought such a course of proceeding very unfair- his time was
equally valuable with that of other suitors, and yet he might be
kept dancing attendance upon the Court, it might be the whole
day. The Chief Justice told him he might go and that he would
be sent for when his case was reached, which as it happened
was not before seven o'clock in the evening. He was then in-
formed by the Chief Justice that, after consideration , he had
instructed the Registrar in future to enter all plaints in the list
in the order of application , regardless of the amounts.
The 'Build- The new Buildings and Nuisances Ordinance [ No. 8 of 1856]
ings and
Nuisances' had caused a great deal of heart- burning in the community at
Ordinance, the time of its promulgation, † especially amongst the Chinese.
No. 8 of
1856. The Magistrates seemed at loggerheads as to its correct inter-
Mr. Mitchell pretation, and in a recent case the acting Chief Magistrate, Mr.
and the
interpreta- Mitchell, finding the interpretation of the Ordinance difficult, if
tion of the not beyond his powers , called to his assistance several of the
Ordinance.
non -official Justices, although the Attorney- General afterwards
alleged that Mr. Mitchell was well aware of his (the Attorney-
General's) opinion when he consulted the Justices. Four of these
attended, and after mature consideration decided for the defendant
On the subject of the Supreme Court House , see antè Chap. XI. , p . 237 , and refer
ences there given, and Chap. xvIII . , infrà. Besides these references, see also in Vol. II.,
Chaps. LIII., LXXIII ; LXXXIII ., LXXXVII ., LXXXIX., and XCLII., infrà.
See Mr. Anstey's acknowledgment of this in para. 1 of his affidavit- antè Chap.
XVI. § II., p. 392.
SIR JOHN BOWRING REPRIMANDS THE JUSTICES OF THE PEACE . 399
and against the complainant, the acting Surveyor - General , Captain ch. XVII
- § I.
Cowper, as plaintiff on behalf of the Crown, and consequently in 1856.
direct opposition to the construction put upon the words by the Opposite
construction
Government, and the meaning which the framers of the Ordinance given by the
evidently intended it should, but which the Magistrates con- Justices
the opinito
on
sidered it did not, convey. The case was consequently dis- of the
missed, but upon a fresh complaint against the same party Attorney-
General.
being brought by Captain Cowper, the Stipendiary Magistrates Dismissal
refused to issue the summonses on the ground that the case had of a Crown
case.
been already decided . The Magis-
trates refuse
A mandamus, at the request of the Government, was there. to issue
summons
upon applied for on the 15th August by the Attorney- General, on fresh
and granted by the Chief Justice, to compel the Magistrates to complaint
Surveyor-
by
do their duty, His Lordship at the same time expressing a view General.
opposed to that of the Justices of the Peace, namely, that the Mandamus
granted
Ordinance had a retrospective tendency. The Governor, ex- by Chief
pressing dissatisfaction at the course adopted by the Justices , Justice who
expresses
which had compelled the Supreme Court to be moved as above views
stated, issued the following memorandum to the body of Jus- opposed to the
tices in the Colony :- Justices.
MEMORANDUM . Governor's
memoran-
In a Commission issued , on the 4th October, 1855, by His Excellency the dum to the
Justices.
Governor, thirteen gentlemen were nominated Justices of the Peace, they
not being invested with other official authority. The number has been aug-
mented by subsequent Commissions to fifteen in all.*
His Excellency has caused a return to be made of the number of attend-
ances, at Petty Sessions since the time of the issuing these Commissions.
He finds that one gentleman has given six attendances, five gentlemen
have given two attendances, and two gentlemen one attendance, while seven
gentlemen have given no attendance since their appointment.
He has to remark that there have been only two occasions on which more
than one Justice has assisted the Stipendiary Magistrates with their presence
and advice.
On these two occasions four Justices attended , three of whom for the first
time since they were sworn in. They are stated to have been present at the
special request of the Acting Chief Magistrate-and on the first of these
occasions (the 23rd May) there was as it appears a unanimous concurrence
in a decision by which, in the judgment of His Excellency, the obvious intent
and meaning of the law were abrogated and annulled by the action of the
Bench.
On the 2nd June, invited again (as is officially reported ) specially by the
Acting Chief Magistrate, three of the Justices who had been present at the
sitting of 23rd May, and another Justice who took his seat then for the first
and only time in which he has ever acted , formed the Bench, and these Jus-
tices again supported the Chief Magistrate in his determination not to give
effect to the law. His Excellency is informed that one of the Justices pre-
sent a member of the Legislative Council- distinctly pointed out to his
colleagues the error which had been committed on the 23rd May and which
See reference to these Commissions, antè Chap. XVI. § I., p. 363.
400 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XVII § I. had been the subject of reference to the Legislative Council. That gentle-
man, of course, dissented from the conclusion by which a majority co-operated
1856.
with the Chief Magistrate in his extraordinary course of proceeding.
For the maintenance of that supreme authority of the law which , in the
great interests of the whole community, every Government is bound to pro-
vide for, and of which all Justices of the Peace are expected to be instru-
ments and auxiliaries, His Excellency directed an application for a mandamus
against the Acting Chief Magistrate to be applied for to the Chief Justice in
the Supreme Court of the Colony, which mandamus has been granted by His
Honour, calling upon the Chief Magistrate to enforce the law. Its granting
was accompanied , as His Excellency is informed , by a declaration from the
Bench that "the magisterial decisions were against the law," and a prompt
obedience was recommended to its requirements.
His Honour expressed a hope that there would be an immediate and satis-
factory return to the mandamus, showing that there is no disposition to over-
turn the authority of the law, but rather to give effect to its provisions.
His Excellency concurring in that wish, and desirous of promoting that
unity of purpose and of action, which should undoubtedly be the object of all
who are invested with public authority for the maintenance of law and
order, has directed this memorandum to be circulated among all the Justices
of the Peace.
By Order of His Excellency the Governor,
with the concurrence of the Honourable
Members of the Executive Council.
(Signed) L. DE ALMADA E CASTRO ,
Clerk of Councils.
Government Offices, Victoria, Hongkong,
19th August, 1856.
Addressed to-
The Honourable W. T. MERCER, Esq .;
The Honourable J. F. EDGER, Esq .;
CHARLES MAY, Esq.;
JOSEPH JARDINE, Esq.;
GEORGE LYALL, Esq.;
JOHN D. GIBB, Esq.;
CHARLES F. STILL, Esq .;
R. S. WALKER, Esq.;
JOHN RICKETT, Esq.;
Captain T. V. WATKINS , R.N .;
W. H. MITCHELL , Esq.;
R. C. ANTROBUS , Esq.;
T. C. LESLIE, Esq .;
ANGUS FLETCHER, Esq.;
A. C. MACLEAN, Esq.;
WILLIAM LAMOND, Esq.;
The Honourable T. C. ANSTEY, Esq.;
SAM. GRAY, Esq.;
JOHN SCARTH, Esq.
The Justices
protest This memorandum , of course, called forth an indignant denial
against any from the four gentlemen, followed by a letter from their
interference
with them brother- Magistrates in which they rebutted the charges made
in the
against themselves and informed the Governor that they con-
discharge of
their duties, sidered the language used by him in his memorandum towards
SIR JOHN BOWRING AND THE JUSTICES . 401
the acting Chief Magistrate and the Justices who acted with ch. XVII § I.
him as " tantamount to a charge of deliberate perversion of 1856.
justice, and violation of their oaths of office," -a charge they
felt bound to inquire into ; and the determination they had
come to was, that the " allegations made by His Excellency had
no foundation whatever," adding that, in the conduct of the
Justices in question, they could perceive nothing but an anxious
desire to assist the Stipendiary Magistrate " to render his deci-
sion as accurate and sound as possible. " They further accused
Sir John Bowring of unconstitutionally and unjustifiably
attempting to interfere with , and dictate to, them in their judi-
cial capacity, and emphatically protested against such conduct
on his part. .Of course, all this was denied by Sir John Bow-
ring, who disclaimed any intention of acting in the way ascribed
to him. This open rupture between the Justices and the Gov-
ernor at any rate, if it had no other effect, had that of
awakening the Justices to a sense of their duty from the apathy
into which they had sunk.
Ordinance No. 15 of 1856 , amending the Law of Evidence and No.
Ordinance
15 of
Trial by Jury, was passed on the 22nd August, 1856. The princi-
1856,
pal heads were- ( 1 ) The extension to this Colony of the Statute
amending
the Law of
18 and 19 Vict. c . 42 relating to oaths administered and notarial
Evidence
acts done by Diplomatic and Consular Agents ; ( 2. ) The ad- and Trial
by Jury.
mission in evidence, upon proof, of all instruments filed or Act 18 and
recorded in a Foreign Court or Consulate ; ( 3 ) The admission of 19 Vict. c. 42.
depositions in cases where the witness is absent from the Colony
or unable through illness to attend ; ( 4 ) The abolition of oaths
by heathen witnesses, unless the Court in its discretion orders
them to be sworn ; ( 5 ) Indictment for perjury may follow any
conflicting statements on the part of witnesses, or immediate
fine or imprisonment, at the discretion of the Court ; and ( 6 ) The
number of jurors summoned for each Sessions to be increased
from ten to eighteen , so as to enable the Court to make up a
second jury panel in case of necessity. It may be remarked if
this Ordinance had been allowed, it would have done away with
the farce of burning paper in relation to Chinese oaths * and
probably led to the adoption of the only mode by which Chinese Ordinance
disallowed.
can be sworn . But the Ordinance was disallowed by Proclama-
tion of the 23rd May, 1857.
At the Criminal Sessions held on the 25th August, a Eu- The Police
and ga m-
ropean Police Constable named Randolph was charged with bling.
extortion and demanding money with menaces from persons Police
Constable
who, he alleged, were gambling. The accused in his defenceRandolph
said it was a well known fact that " it was the usual practice withcharged
extor.
for Chinese to pay $ 10 or $ 5 for their release whenever arrested tin.
* See antè Chap. XII. § II. , p. 310,
102 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. XVII § 1. by the Police for gambling. "* The Attorney- General, in address-
1856. ing the jury, said it seemed to him that every facility was
His confes- afforded to the Police to roam about the Colony when off duty
sion.
Mr. Anstey to plunder whom they pleased ; they were permitted to go
upon Police about in disguise, and all they had to do, when an opportunity
delinquen- offered , was to pull the Crown out of their pocket and say " I
cies.
am a Constable "! thus effectually avoiding detection . And
though attention had been drawn to this state of things in the
The At- case of Constable Brady, tried at the March Sessions, † on which
torney-
General's occasion it had been recommended by him (the Attorney-
suggestion General) , and approved by His Lordship , that the number of
about a
Police each Police Constable should be sewed upon the breast or out-
Constable's
number side collar of his jacket in Chinese as well as in the English
and cap numeral, and that the crown should be fixed to the cap so as in
' crown'
approv case of complaint to render recognition certain , and though Mr.
by the ed Grand - Pré, the Superintendent of Police, then promised some-
Chief
Justice . thing that should be done to remedy the evil, no steps had yet
been taken for that purpose . The prisoner was sentenced to
twelve months' hard labour.
The libel
case of At length , after many delays and numerous postponements,
Mitchell principally on the part of the plaintiff, the great and much
r. Anstey talked about libel case of Mitchell versus Anstey came on for
(Attorney
General). trial on Saturday, the 23rd August, before a special jury, the
damages being laid at $ 5,000 . After a seven hours ' sitting the
further hearing of the case was adjourned until after the Crimi-
Verdict
for the nal Sessions. On Wednesday, the 27th, it was continued and
defendant. resulted in a verdict for the defendant. Messrs. Day and Green
were of counsel for Mr. Mitchell, with Mr. Parsons as his
solicitor, Mr. G. Cooper Turner being solicitor for Mr. Anstey,
the defendant.
The facts.
The facts were shortly as follows . Mr. Anstey, in his endea
vours to put down nuisances endangering the health of the
town, had reason to believe that he had been thwarted by
the Magistrates, who, on cases being brought before them for
adjudication under the Ordinance, either dismissed the charges
altogether, or let the offenders off with a mere reprimand.
On the occasion of the departure for Siam of the late Chief
Magistrate, Mr. Hillier. the Attorney- General, on his way to
the steamer to bid Mr. Hillier good - bye, fell in with Mr. Grand-
Pré, the Superintendent of Police, and inquired what was
being done for the abatement of nuisances . The latter replied
" that it was of no use taking cases before the Police Court,
where they were invariably dismissed ; and that he knew of
* See the case against Job Witchell, an Inspector of Police, tried before the Chief
Justice, Sir John Carrington, in July, 1897, and the confession of the defendant after
undergoing his sentence, Vol. II., Chap. XCLI,
† See antè Chap. XVI. § II., p . 381 .
See antè Chap. XVI. § II., p. 383.
THE CASE AGAINST MR. ANSTEY FOR SLANDER. 403
two instances in which tenants of the Assistant Magistrate had ch. XVII § 1. .
been had up and fined by Mr Hillier and which in his absence 1856.
had been re-heard by Mr. Mitchell, their landlord, the decisions
reversed, and the fines rescinded ." Mr. Anstey, in the full
belief that the facts were as stated , reported the matter unoffi-
cially to Mr. Mercer, the Colonial Secretary, and he also
questioned Mr. Grand- Pré, who repeated to him the story as
told to the Attorney - General. Mr. Grand- Pré was then directed
by Mr. Mercer to find the dates . Mr. Grand - Pré would seem
to have laboured under a mistake with regard to the matter in
question , for, some four days subsequently, he supplied the
dates, and the allegations having been laid before the Governor,
Mr. Mitchell was called upon for an explanation. He did not
at the time reply to this demand further than by forwarding
the depositions, which at once afforded proof that the allega-
tions against him were untrue, inasmuch as the cases had been
re-heard by Mr. Hillier himself, whose signature was attached
to the decision rescinding the fine. This was, of course , perfectly
satisfactory and conclusive as to the groundlessness of the charge
brought against Mr. Mitchell. But in the meantime, Mr. Anstey, Mr. Anstey,
who was also a Justice of the Peace, having no confidence in the having no
confidence
Stipendiary Magistrates , Messrs. Mitchell and May, had called in the
upon Mr. Leslie, a brother J.P. ( who; having taken umbrage at Stipendiary
Magistrates,
Mr. Anstey's conduct as a member of the Praya Commission , had asked
Justicea
been previously written to by Captain Cowper, at Mr. Anstey's of the
request, inquiring whether he would consent to join Mr. Anstey Peace to sit
in adjudicating certain cases under the Buildings and Nuisances with him .
Ordinance ) to endeavour to make arrangements for a sitting at
Messrs . Dent & Co.'s counting-house, or in the Attorney - General's
office at the Court House ; and, in explanation of his reasons
for holding trials in such places, instead of at the Police Court,
mentioned Mr. Grand - Pré's serious charge against the Assistant
Magistrate as still pending, Mr. Anstey not having been in-
formed to the contrary, until the day after the conversation
between him and Mr. Leslie took place. Mr. Leslie next morn-
ing, in the belief that Mr. Grand - Pré's statement as repeated
to him by the Attorney-General was true, mentioned the matter
to a Mr. Hudson , a joint proprietor of the houses where the nui-
sances were alleged to have been committed, and he carried the
tale to Mr. Mitchell, who called on Mr. Leslie the same day to
hear the details . These were at once afforded him , and repeated
by Mr. Leslie to Mr. Parsons , Mr. Mitchell's solicitor. Such is a
short account of this strange affair as was laid before the Jury.
The plaintiff charged the defendant with having uttered a
malicious slander, which , in default of an apology, demanded
heavy damages. The latter replied that if slander it were, it
was not his, but Mr. Grand - Pré's ; that his conversation with
404 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. XVII § 1. Mr. Leslie was to be viewed in the light of an official communi-
1856. cation from one Magistrate to another ; and that he repeated
Mr. Grand - Pré's statement believing at the time the same to
be true, having up to the date of conversation received no inti-
Mr. Anstey mation to the contrary. The defendant's speech was concluded
concludes
his speech in an abusive style, Sir William Molesworth's name and the
in an abusive conditions under which he received his appointment being in-
style. troduced into the defence in a way and for a purpose that must
He mentions
Sir Wm. have caused astonishment. The same being interesting is now
Molesworth
and the reproduced . Mr. Anstey said : -
conditions
of his " It was the first time in his life he had been charged with wilfully slan-
appointment, dering his neighbour, the first time any charge had been laid against him in a
The speech. Court of Justice, and though he that day wore the robes of his office, instead
of appearing before them as the private citizen, the humble individual,
Thomas Chisholm Anstey, it was that not for himself did he so appear but
for his office, for it was in the strict performance of the duty of that office he
had given cause for his then standing in judgment . For the acceptance of
the office entailing on him that position, however, he was alone to blame ;
three times had an opportunity been offered to him to decline it, but he had
set them at naught He then made some allusion to a deceased political
friend , Sir William Molesworth, * with whom he had for years laboured in
the work of putting down tyranny and misgovernment in Colonies, and by
whom, on his accepting a place in the Councils of the Sovereign, he was first
spoken to regarding taking an office such as that he now held . It was
during his absence that he was gazetted to this office, and without his know-
ledge even. He here made some allusion to the capacity for government of
the gentleman holding the reins of Government, hinting that not under such
an one would he have accepted a subordinate appointment had he an option.
But he came, and he gave himself, from the first, only six months to do that
which would produce such an amount of opposition that the place would be too
hot for him. However, one chief duty was done, only the day before he had
completed a work, -one which had occupied much time. He requested the
jury to bear in mind the position in which he stood-he feared lest he might
say too much-- but allowance should be made for his feeling of embarrass-
ment-" every insinuation which others had had the baseness to make in that
[the witness ] box had had its effect " --but he had notified His Excellency
the Governor that he would defend himself before a jury of his equals, and
he would justify that promise . The offence with which he was charged
was designated by the plaintiff's counsel malice in law. The Judge would
tell the jury no such malice was proved. He was charged with malice in
fact. How could that be ? Before ever he knew Mr. Mitchell, or that per-
son's antece lents -he knew that the table of Downing Street groaned with
complaints of matters connected with business in this Colony in which he
was concerned. He would admit that he came here with express malice in his
heart against the imbecility of men in office. Let sophists distinguish between
hatred of sin and love of the sinner--he could understand no such feeling. As
long as the sinner was countenanced and supported , so long would sin be
rampant and successful. It were vain to attempt to battle with corruption
and incapacity unless that condemnation was recognized . It was not against
Mr. Mitchell- it was against his office, and the way he administered it, he
waged war. Well, that was what he felt, and though verdict followed ver-
dict, though a continuation of such trials might impoverish him, though what
might be taken from him went to fee pettifoggers, he would still go on until
he had finally succeeded in obtaining his righteous ends .......... It was of
* See antè Chap. XVI., § II., p. 370.
MR. ANSTEY'S MEAN ATTACK . 405
no use to talk of law on this occasion. His reputation belonged more to Ch. XVII § I.
another hemisphere than this, and if he did not speak of law it was because 1856.
a full report of this case from the pen of the shorthand writer he had engaged
would go across the seas by the mail of the 10th of the next month " The jury
finds the
As stated before, the jury found a verdict for the defendant, communica-
tion a
holding that the communication was a privileged one . Thus privileged
ended another of those scandalous matters which ought never one.
to have been brought before the public, and which might have Sir John
Bowring's
been stopped by Sir John Bowring, had he chosen to do so. demeanour.
The picture of the Attorney- General of the Colony as a defen- The of anpicture
dant in an action such as this ; he, the head of the Bar, with an eye Attorney-
to the reversion of the Bench, the prosecutor for the Crown, the defendant
General, as
legal adviser of the Governor, a man whose position in the Colony
ought to be second to none, socially and officially, and who ought for libel,
to be characterized by that gravity, reserve, and coolness of judg-
ment which the just performance of his duties requires , and which
would keep him clear of all personal squabbles, -with the Govern-
or looking on placidly at both litigants, both high officials of
Unique
nearly equal importance, -is perhaps unique in all the scandals in all
of modern government of the Colonies or of English Courts of scandals
of the
Justice. In one respect, however, be it said at this stage, Mr. Government
Anstey proved wrong, and that was in his estimation of the of the
Colonies.
special jury of the Colony, by the affidavit which he had filed in Mr. Anstey's
the earlier part of this case* and which he must himself have estimation
of the
felt, for he now received justice at their hands. special jury.
On the 16th October, The ( London ) Morning Advertiser con- The(London)
Morning
tained a long, inspired article upon the result of Mr. Anstey's Advertiser
prosecution of Mr. Mitchell, which was justly considered as a resultthe
upon of Mr.
mean, spiteful, and unjustifiable attack upon the Chief Justice Anstey's case
and others of the community generally, including the special again
Mitchell.
jury, while Mr. Anstey was praised for " battling with the abuses A mean
which were everywhere rife around him," and the " almost attack.
universal conspiracy to crush him, who had ventured , in that
paltry arena, to defy corruption and to maintain truth ." As is
seen above, at the conclusion of his speech, Mr. Anstey99had said
that he would send Home " a full report of this case,' so that Mr. Anstey
suspected.
if this article was not actually written by him, the person to
whom he supplied the facts must have done so, for a paragraph
in Mr. Anstey's letter to his friend was reproduced in the article,
although the editor alleged that the letter was only sent to him
.
for perusal . The following was the passage : -
"If I am carried there in a sedan -if I am obliged to go in blankets -if I Hongkong
breathe my last in that Court - go I will in person, and, with my dying voice, scandal
the noisome
of
testify against the villainy and rascality in high places, which makes Hong- the East."
kong what it is-the noisome scandal of the East." †
Ante Chap. XVI. § II., p. 392.
Upon this subject , see Mr. Austey's letter to the Secretary of State, dated the 7th
August, 1858, infrà, Chap. XXIII.
406 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XVII § I. Of the Chief Justice, it was remarked locally, there was not
1856. a man in the Colony, except Mr. Anstey perhaps , " who did not
Local
esteem and respect him as a worthy, honourable Government
valedictory
opinion of servant- with a good nature and temperament that neither long
the Chief
Justice. sickness nor the impertinence of vulgar, ignorant men could
ruffle for a moment. " This was as shabby and unwarranted an
attack as might well be conceived . Whether Mr. Anstey was
called to account for it or for explanation regarding the meaning
of the term " villainy and rascality in high places which makes
Hongkong the noisome scandal of the East " is not shown ; but,
doubtless, it was considered best to leave things alone.
Mr. Anstey
goes to Evidently feeling the want of a change after all his recent
Shanghai. " trying work, " Mr. Anstey left Hongkong on the 30th August
The Royal on a short trip to Shanghai, and in his absence at a meeting of
Asiatic the China Branch of the Royal Asiatic Society, held at the
Society.
Paper by Society's rooms in the Court House, at 9 p.m. , on Wednesday
Mr. Anstey evening, the 3rd September, Sir John Bowring in the chair,
"on the
administra- the Secretary read a paper by Mr. Anstey "On the admi-
tion and nistration and value of judicial oaths amongst the Chinese.
value of
The paper gave rise to some discussion, the thanks of the Society
judicial
oaths
being voted to its author. Mr. Anstey had previously been
amongst
the Chinese." elected a resident member of the Society on the 19th March.
Differences
between the The differences between the Governor and the unpaid Justices
Governor had not yet come to an end, and a public meeting, convened by
and the
Justices the Sheriff according to advertizement, was held on the 16th
of the Peace. October " for the purpose of taking into consideration several
Public
meeting. points in the recently - passed Ordinances seriously affecting the
Ordinance interests of the Colony," especially the Ordinance , No. 8 of 1856,
No. 8 of entitled " an Ordinance for Buildings and Nuisances. " Recent
1856.
Ordinance correspondence between the Government and the Justices rela-
No. 14 of tive to the same matter was taken into consideration . Resolu-
1856, sec. 12. tions were also adopted in reference to section 12 of Ordinance
The publica-
tion No. 14 of 1856 , entituled " An Ordinance for Fees and Costs , " I
future of
every draft and the publication in future of every draft of Ordinance at least
of Ordinance, three months before becoming law, and that meetings of the
Meetings Legislative Council be held with open doors. The Police also
of the
This paper is not now procurable in Hongkong, but in June, 1868, long after he
had left the Colony, Mr. Anstey read, before the Judicial Society in London, a most inte;
resting paper upon the subject of Judicial oaths as administered to heathen witnesses,'
which is supposed to have been an enlarged reproduction of the paper he had previously
read in Hongkong. This subject will be found further dealt with in Vol. II. of this work
Chap. L. On the question of oaths to native witnesses, see antè Chap. XII. § II., pp. 309-
315, and references there given.
† Antè pp. 399, 400.
The following was the section in question : —“ 12. Costs of procedure shall be reco.
verable by or on behalf of the Crown upon every judgment or decree at Law, in Equity,
or in the Admiralty or Ecclesiastical Jurisdiction of the Supreme Court, whereby any real
or personal estate or any forfeiture or money penalty shall have been adjudged to belong
or awarded to the Crown." -This obnoxious section was repealed on the 5th March, 1857,
by Ordinance No. 4 of 1857.
ARRIVAL OF MR . DAVIES , CHIEF MAGISTRATE . 407
came under discussion , the Chinese present complaining " that Ch. XVII § I.
it was worse now than ever it was, particularly in the day time ; 1856.
people were robbed continually in broad daylight. The Indian Legislative
section of the Force treated them with much cruelty, whilst at Council to
be held with
night they were either asleep on their beat, in brothels or in open doors.
taverns -there appeared to be no one to look after them and The Police.
they did just as they liked ." These resolutions were forwarded The Chinese
complaint.
to the Government, and on the 4th November, the Government against
acknowledged receipt of the same. After going into the dif- Indian
Police.
ferent questions discussed at the meeting and promising early
consideration and reform, the Governor concluded by saying Governor
that he considered the complaints against the Police well founded considers
complaintsthe
as they were noticed in the report recently handed in of the against the
Police well
Police Commission , * and that he hoped in due time an improved founded.
Force would be organized.
Sunday
The Sunday labour question again came under public notice.† desecration.
On the 16th October, the following Government Notification Government
Notification.
appeared upon the subject : -
" Whereas it has been represented to His Excellency the Governor that
certain Government works are conducted on Sundays, His Excellency has
instructed the responsible authorities to take such measures as shall prevent
the desecration of that day in such respect ; and as regards works carried on
by private persons, His Excellency recommends to all Christian inhabitants ,
that the contracts with the natives shall be such as may prevent the employ-
ment of workmen or labourers on the Sabbath day."
Mr. David Jardine, a member of the Legislative Council, died Death of
in Dumfriesshire, Scotland, on the 22nd October, at the age of Mr. Jardine,
M.L.C.
thirty- six .
Mr. Henry Tudor Davies, who had been appointed Chief Arrival of
Magistrate in succession to Mr. Hillier, after some months' Mr. Davies,
Chief
delay, arrived in the Colony on the 8th November. He was a Magistrate.
barrister-at-law , of the Home Circuit, and had been called to the
Bar by the Inner Temple on the 19th November, 1841. As State
affairsof
in the
may be readily imagined with the state of affairs in the Colony, Colony.
his arrival had been eagerly looked forward to for some time. Messrs.
Mitchell
Messrs. Mitchell and May had given little or no satisfaction as and May as
Magistrates, and they now reverted to their own appointments. Magistrates.
In welcoming him a local paper told Mr. Davies that he had
come at a time when "the Governor and the governed were all The Gov-
ernor
at ' sixes and sevens ; ' that he would have a good deal of colo- and the
nial legislation to read up, and that he would find it a very governed
at sixes and
different description of legislation to that which was current in sevens,'
England at the date of his departure."
* See antè Chap. XVI. § I., p. 361 , and § 11. , p. 377.
+ See antè Chap. 11., p. 53.
See antè Chap. XII. § I., p. 287, and reference there given.
See Chap. XVI. § II., p. 384.
408 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XVII § I. Mr. Caldwell, who had resigned his position under the Gov-
*
1856. ernment as recorded in July, last year, had by this time well
Mr. Caldwell nigh succeeded in making himself indispensable, † although
taken into
the service there could be no doubt that in his capacity of general interpre-
again, ter, quite apart from his intimate knowledge of the Chinese
manners and customs, he had proved an acquisition on many
occasions. After much agitation , in which the Chief Justice
himself had taken part, the Government decided to re - engage
He is
him , and on the 15th November appeared a Government Noti-
appointed
Registrar- fication that the Governor had been pleased to appoint Mr.
General and Caldwell , Registrar- General and Protector of Chinese, as well as
Protector
of Chinese, General Interpreter to the Government, pending the pleasure of
General Her Majesty's Government." On the 28th November, Mr.
Interpreter,
and a Justice Caldwell took the oaths of office , being also sworn in as a Jus-
of the Peace. tice of the Peace. A Government Notification of the 21st May,
1857 , announcing that he had been confirmed in the various
offices to which he had been appointed .
What Mr.
Caldwell's It will be seen later on what the re-employment of Mr. Cald-
re-employ- well meant to the local Government, taken in the light of such
ment
afterwards re- engagements under ordinary or similar circumstances , and
proved to the the trouble it brought upon the Government eventually, chiefly
Government. through the efforts of Mr. Anstey.
Mr. Anstey
returns from On his return from Shanghai, Mr. Anstey again set to work
Shanghai. as vigorously as ever, devoting himself almost entirely to the
practical working of the ' Buildings and Nuisances Ordinance,'
Ordinance
No. 8 of No. 8 of 1856 , which, as before stated , had given so much dis-
1856. satisfaction § In the course of a few days not less than forty-four
Forty-four persons were summoned before Mr. Davies , the new Chief Magis
persons
summoned. trate, for infringement of its enactments . The Attorney - General,
placing himself almost in the position of an informer, walked
round the Chinese portion of the town , and required the Police
Mr. Anstey
as a Police to issue summonses against those whom be pointed out.
informer.
He sits At the hearing, he sat by the Magistrate, and, whether due to
by the his presence or influence, Mr. Davies proceeded to inflict heavy
Magistrate.
fines against the Chinese offenders , those unable to pay being
Heavy sent to prison. On these facts coming to the knowledge of the
fines and more respectable Chinese inhabitants, they proceeded to make
committal
to prison. ' demonstration.' They called a meeting on the afternoon of
the 20th November, and although those who were more inti-
mately conversant with the English mode of seeking redress
under such circumstances tried to persuade them simply to
Demonstra petition the Government, others and the larger body said that,
tion by the
Chinese. pending an inquiry into matters, they would shut up their
* See Chap. XVI . § I. , antè p. 361 .
† See antè Chap. XVI. § II., p. 371 .
Antè Chap. XVI. § II.. p. 381.
See antè p. 398.
DISTURBANCES ON ENFORCEMENT OF NUISANCES ORDINANCE . 409
shops . This was done the following morning when , it is said,
99 ch. XVII § I.
" not an egg nor a fowl could be procured from the Bazaars. 1856.
A few of the shopkeepers , more immediately connected with the
foreign residents , kept theirs open, but a mob compelled their
closure. The Police Force was now reinforced by a detachment of reinforced
Police
the 59th Regiment. On Lieutenant- Colonel Caine, the Lieu- by military.
tenant-Governor, appearing in the streets , he had some harsh
words thrown at him. Detachments of the 59th were at night
placed on guard at the Bank, at the P. & O. Co.'s office, and in
Gough Street, and strong bodies of Police patrolled the streets Government
Proclama-
throughout the night. In the afternoon , the Government issued tion.
the subjoined proclamation which was published for general
information the next day, the 22nd November.
PROCLAMATION.
W. CAINE.
By the Honourable Lieutenant-Colonel William Caine, Lieutenant-Gov-
ernor, Administering the Government of Hongkong.
In order that lawless meetings may be suppressed, and confidence restored
to the well-disposed Chinese inhabitants of the Colony,―
It is hereby notified to the residents of this Colony, that Her Majesty's
Government, having reason to believe that the large influx of suspicious cha-
racters from the Chinese mainland which has taken place during the last few
weeks, and the seditious and treasonable demonstrations of this date in the
streets of this City, have been occasioned by the direct agency of secret
emissaries from the persons carrying on a lawless war against Her Majesty's
Forces in the neighbouring Province of Kwang-tung, it is the determina-
tion of Her Majesty's Government within this Colony to take instant mea-
sures for putting in force the provisions of the Registration Ordinance No.
7 of 1846 ; and so soon as the said Ordinance shall be brought into full
operation, all unregistered Chinese will be required to depart from the Colony.
Whilst the Colonial Authorities are always ready on proper occasions to
hear the complaints of Her Majesty's Chinese subjects, and, if well founded ,
to redress them, it is nevertheless further notified, that no complaints what-
ever will be attended to, so long as they are urged in an improper manner.
The Lieutenant-Governor will willingly receive and give every attention
to any representation of grievances that may be laid before him .
Her Majesty's Government, therefore , require Her Majesty's said subjects
to abstain from all part in the aforesaid demonstrations, to return to their
several duties, and to re-open their shops.
Tumultuous movements taking place after publication of this proclamation
will be immediately suppressed by the Military Authorities.
By Order,
W. T. MERCER,
Colonial Secretary.
GOD SAVE THE QUEEN .
Given at Victoria, Hongkong,
the 21st day of November, 1856,
410 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XVII § I. That these demonstrations " had been occasioned by the
1856. direct agency of secret emissaries carrying on a lawless war
The Procla-
mation a against Her Majesty's Forces in the neighbouring Province of
perversion of Kwangtung " was held to be a perversion of language, if not of
language. facts, though possibly the hostilities that were then being carried
Feeling of
Chinese on by us with China may have indirectly increased the feeling
against local of the Chinese against the local authorities .
authorities.
List of
grievances The following was the list of grievances that the Chinese in-
formulated. habitants formulated :-
1. That the fines imposed under the Nuisances Ordinance are too severe,
and beg that the same may be recalled .
2. That in the harbour of this Colony rebels have taken possession of
many Chinese passage boats, and that the passengers have suffered much
harm therefrom , and no stop has been put thereto.
3. That the Police in the streets in arresting persons do not discriminate.
Real thieves may be struck and beaten, but not others.
4. That when goods are being landed near to wharves, and when they
cannot in a moment be removed into shops and godowns, time should be
allowed to do so, obstruction to the road not being made.
5. That the fines lately imposed upon the poor people be refunded, in
order that they may not be laid under suffering.
6. That the street hawkers are poor people, and that they have licensed
permission to sell their wares ; that if they obstruct the roads and streets
they may be driven away, but that baskets should not be upset, their wares
destroyed, and themselves driven to starvation.
7. That there are parties in this Colony pretending to be owners of lost
goods who make accusations against hong and shop-keepers, -that this
should be clearly looked into, and that the guilty parties should be arrested.
End of
And with this may be said to have ended what was called
"Anstey
Riot." the " Anstey Riot." Consequent upon these disturbances, and
The Governor as an easy mode of settling them as speedily as possible, a
notifies tothe notice was at once addressed to the Chinese inhabitants on the
Chinese Mr.
Caldwell's subject of Mr. Caldwell's appointment as Registrar- General and
appoint-
ment as of the necessity for a system of registration . The following is
Registrar- a copy of the translation of the notice which was published in
General and
Protector of The Government Gazette of the 4th December. The reader will
Chinese.
observe the large powers thus given to Mr. Caldwell , and to
The large
powers given what advantage he turned them afterwards will hereafter be
to Mr. seen.
Caldwell.
CALDWELL, [ Official Title, & c., &c. ].
" Whereas His Excellency the Governor of this Colony has been pleased
to appoint Mr. Caldwell, Registrar-General and Protector of Chinese re-
siding in Hongkong, this is to give notice to the Chinese community that in
all cases in which they have difficulty in understanding the law as here
administered , or conceive themselves to have wrongs for which they are
otherwise unable to obtain redress , they are at liberty to apply, between the
hours of ten and four, at Mr. Caldwell's office, next to the Police Station,
or in cases of special emergency at his house in Gough Street.
THE FIRST CROWN SOLICITOR, MR. J J. HICKSON. 411
And whereas it is expedient for the protection of the good citizen that Ch. XVII § I.
vagrancy should be as much as possible brought under restraint, it is at the
1856.
same time desirable that any system of registration having that object in
view should be so contrived as to attain it with the least possible inconve-
nience to those whom it is intended to benefit. No levy of charge or fee is
contemplated, and the respectable inhabitants of the City are invited at their
earliest convenience to depute members of the community, either to wait on
Mr. Caldwell and state what they may have to say in person, or to submit
to him in writing such details and suggestions as may enable him, with the
aid of his own experience, to devise a system which shall work effectively,
but, at the same time, without undue restriction or annoyance ."
On the 1st December, 1856 , Mr. J. J. Hickson arrived in Arrival of
Mr. Hickson,
the Colony as Crown Solicitor, " by virtue of a warrant under the first
the Royal signet and sign manual.' On the same day he was Crown
Solicitor.
also gazetted as Deputy Sheriff, Coroner, and Queen's Proctor He is also
in Admiralty. Mr. Hickson's appointment, quite unexpected gazetted
as Deputy
as it was by the public and the profession , though undoubtedly Sheriff.
it must have emanated upon the recommendation of Mr. Ans- Coroner,
Queen's and
tey, whose friend and protégé Mr. Hickson was reputed to be, Proctor.
caused a great deal of acrimony as regards Mr. William Gaskell, Mr. Gaskell
who had held the office of Queen's Proctor since the 24th July, relinquishes
Queen's
1850 , and who had nowto relinquish the post. Not to the asto- Proctorship.
nishment of any one, however, acquainted with the cost of
living in this Colony, and which matter had been commented
upon in the local press at the time of his arrival, did the public
learn by Government Notification on the 6th February, 1857 ,
that Mr. Hickson had resigned his appointment, the principal Resignation
of Mr.
reason given for this step was the total inadequacy of the salary Hickson.
allowed him, £285 a year- an amount wholly disproportionate
to the arduous duties he had to perform, and even to his sup-
port, in this Colony.
On his resignation , Mr. Hickson returned to England " at Mr. Cooper
Turner
his own expense, " and Mr. G. Cooper Turner, who had been of appointed
great help to Mr. Anstey on various occasions, especially as his Crown
Solicitor.
attorney in the cases between himself and Mr. Mitchell, † was Mr. May,
appointed Crown Solicitor, while Mr. May was appointed Coro- Coroner and
ner, " and as Deputy Sheriff, on the nomination of the Sheriff, Deputy
Sheriff.
to have charge of the Victoria Gaol. "
At a meeting of the Royal Asiatic Society on Wednesday Royal
evening, the 10th December, Sir John Bowring in the chair, the society.
Attorney- General read a very interesting paper in reply to the paper.
Mr. Anstey's
question, " Did Alexander the Great in the course of his conquests Did Alex-
ever reach any part of the Chinese Empire?" The thanks of the ander thethe
Great in
Society were voted to the author. course of his
On the 12th December a free pardon was granted to Wong conquests
ever reach
Ashing, who had been convicted of piracy in October last and any part
of the
then sentenced to transportation for life. Chinese
Ante Chap. XII . § I., p. 390. Empire."
† Antè Chap. XVI. § 11. , p. 393 , and antè p. 402.
412 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. XVII § I. On the 16th December notice was given to the Chinese upon
1856. the subject of lanterns and night passes and the penalties in
e
Fre par don default.
to Wong
Ashing
convicted
of piracy. In view of further contemplated disturbances, The Government
Lanterns Gazette of the 23rd December contained an intimation of an
and night increase to the Police Force of twenty Europeans and fifty In-
passes.
dians, and that an auxiliary force of forty Europeans, consisting
of imprisoned seamen, was held in reserve for cases of emergency
Increase
to Police and that the latter were drilled and allowed pay for consenting
Force. to do so . And as further showing the state of affairs, if not of
Auxiliary mind, then prevailing in the Colony, it was deemed advisable to
force of
European organize a special Constabulary Force, and by special invitation
seamen
prisoners. some forty or fifty residents assembled at the Chief Magistrate's
Special office on the 30th December, for the purpose of voluntary en-
Constabulary rolment.
Force.
Meeting at
the Chief
Magistrate's Mr. Davies explained that the Attorney- General was of opi-
oflice. nion the oath taken by Special Constables in England could not
The At-
torney- be legally administered to the body proposed to be enrolled in
General and Hongkong, and that therefore he had drawn up a form of obli-
the taking gation which he thought might answer every purpose intended.
oathform of
by Special After some discussion the meeting dissolved , and on the 2nd
Constables. January, 1857 , the Governor informed the community that as
Voluntary
enrolment. his desire to create a special constabulary by voluntary enrol-
Further ment had not been generally responded to, he had , with the
increase to
European advice of the Executive Council , decided to increase still further
Police the European Police Force .
Force .
Ch. XVII § II.
1857. Consequent upon the insecurity felt by the community gene-
Insecurity rally, owing to the hostilities then being waged with China and
felt by the the disturbances that had already taken place in Hongkong, on the
community.
Ordinance 6th January, Ordinance No. 2 of 1857 " for better securing the
No. 2 of Peace of the Colony, " providing for night passes and giving
1857.
Services general powers of arrest and deportation, was passed. On the
of Mr. May same day it was notified " that during the present state of affairs
given solely within the Colony, the services of Mr. May, Superintendent of
Histhe
to Police.
magis - Police , would be given solely to the Police Department , and
terial that for the conduct of his magisterial duties, satisfactory arran-
duties how
performed. gements had been made by the willing co- operation of Mr.
Honorary Bridges and the other gentlemen in the Commission of the
Degree of Peace ." It may here be said that Mr. Bridges , who had returned
D.C.L.
conferred to the Colony in the latter part of last year, had, during his stay
on Mr.
Bridges. in England, had conferred upon him the honorary degree of
D. C. L . , * and was now known as ' Dr. ' Bridges.
* On this subject , sec Vol. II., Chap. XXXIV.
MR. ANSTEY AS AN AMATEUR CONSTABLE . 413
A Government Notification of the 9th January required " all Ch.XVII § II.
persons who had no employment or who could not find security 1857.
for their good behaviour to depart from the Colony, on penalty Sorrentin
Notification
of apprehension and punishment of deportation." regarding
persons out
of employ-
On the 13th January, three military officers were gazetted Jus- ment.
tices of the Peace, including Colonel Dunlop, the officer command- officers
Military
ing the troops. These officers remained on the Commission ofthe gazetted
Justices
Peace until the 5th May, 1857 , when the Government, consider the Pence,
ing there was no longer any necessity for retaining their services, The military
withdrew their names from the list, the Governor-in- Council officers
withdrawn
conveying his thanks to them for the services they had rendered from the
during a time of anxiety and danger. " Although Colonel Commission
of the Peace.
Dunlop accepted the thanks tendered him, the other two officers The thanks
did not, and one of them wrote an indignant letter to the Gov- of the
Government.
ernor on the gratuitous insult which he considered had been The indig
offered him by his being so summarily dismissed , ' -doubtless one
nantofletter of
the
prompted by the action of the local press which had taken an officers.
unfavourable view of the action of the Government under the
circumstances .
Mr. Anstey
At a meeting of the Royal Asiatic Society held on the 17th elected Vice-
January, Sir John Bowring being in the chair, the Honourable President
of the Royal
T. C. Anstey was unanimously elected Vice- President . Asiatic
Society.
A case which attracted some attention in consequence of the acts
Mr. Anstey
the
Attorney- General acting the part of a Police Constable, was part of a
heard in the Police Court on the 23rd January, before Dr. Police
Constable,
Bridges and Mr. Lamont, Justices of the Peace. The case was
described as showing the " meddling, irascible, undignified , and
ungentlemanly conduct of the Attorney- General. " It was against
Mr. Roza , a Portuguese gentleman and householder, who had He gives a
been given into custody by the Attorney- General the night before, Portuguese
and who had in consequence been locked up the whole night, gentleman
for " obstructing the capture of two chair coolies without passes. " custody and
Mr. Anstey prosecuted in person, and the following was his prosecutes
him for
evidence on oath, by which it will be seen that the comments alleged
obstruction.
passed upon his conduct were by no means too severe : —
His evidence,
" In consequence of information which I received of the probability of the
City being attacked , or of serious disturbances arising, and knowing that Mr.
May with his present Force was unable to carry out the provisions of the late
Ordinance for the protection of the City before ten o'clock at night, I thought
it my duty as a Justice of the Peace to render my personal assistance . In
pursuance of this resolution, I was walking down a strect leading from
Lyndhurst Terrace to the Police Station, at about a quarter to nine o'clock
on Thursday night, when I saw two coolies in the middle of the road. I
asked them for their passes. They said they had none. I then arrested them
to take them to the Police Station, on which a person , I believe the de-
Antè Chap. XVI. § II., p. 385.
414 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch.XVII § II, fendant, came up to me and asked what I meant by arresting his chair coolies.