Enclosure
75
Colonial Government of Hongkong has power to enact laws repugnant to the laws of England, sons who choose to " and that all persons take up their residence on English territory, while they are entitled to the protection of the English laws, "are bound to obey these laws."
I have the honour to be, My Lord, Your Lordship's Most Obedient Humble Servant, 5. Bowen
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The Daily Press. HONGKONG, AUGUST 4TH, 1883. THE GOVERNOR'S REPLY TO THE CHINESE DEPUTATION.
The following reply has been addressed to the Chinese deputation which recently waited on the Governor :-
Colonial Secretary's Office, Hongkong, 31st July, 1883.
GENTLEMEN, I am directed by the Governor to inform you that he has now given his full and careful attention to the representations which were laid before His Excellency by the Committee of the Tung-wa Hospital and by the other Chinese Gentlemen who formed the Deputation to him on the 20th instant,
These representations will be taken in the order in which they were submitted by you to His Excellency.
TUNG-WA HOSPITAL FUNDS. [In consequence of the falling off of annual subscriptions, the Committee enquire whether the Tung Wa Hospital Funds now on deposit in the Bank could be withdrawn and invested in house property, so as to produce an increased income.]
His Excellency will be happy to meet, as far as possible, the wishes of the Committee in this matter; but, in the meantime, he would be glad to be informed what portion of the funds now on deposit you would propose to invest in the manner stated. It will be understood, of course, that the same conditions will be attached to the permission as were attached to that given in 1876, namely, that the maintenance of the buildings be defrayed out of the rents, which will be paid periodically into the Colonial Treasury, and that the Title Deeds be made out in the name of the Colonial Secretary and of the Chairman of the Board of Directors of the Hospital.
GAMBLING.
[The Committee request the suppression of pak-kop-pin and fan-tan lotteries on account of the social and moral injury caused by them.] The Police have had orders to act in the suppression of public gambling, with as great energy as the law will permit, and, if the existing law is not sufficient, the Government will propose a new Ordinance on this subject. Meanwhile, I am directed to remind you that Chinese owners of houses should remember that they can help greatly the efforts of the Government by not permitting their houses to be used for gambling or other immoral purposes.
MARRIED WOMEN DESERTING THEIR HUSBANDS.
The Committee wish some steps to be taken to prevent married women from "deserting their husbands in China and coming to Hongkong. They recommend that such women should be delivered up to the Chinese authorities and by them restored to their husbands and families. They urge also that a law punishing adultery criminally should be enacted at Hongkong as in China.
The Government of Hongkong has much difficulty in dealing with questions of this nature, in consequence of the importance attached by English people to the rights and privileges of personal liberty; and, although this personal liberty may, in some cases, such as the present, seem to entail undesirable consequences, yet His Excellency is sure that you who have so many proofs of the advantages which it confers on all residents in this Colony, will not desire that it should be unnecessarily curtailed. It should be further remarked that the Colonial Government of Hongkong has no power to enact laws repugnant to the laws of England; and that all persons who choose to take up their residence on English territory, while they are entitled to the protection of the English laws, are bound to obey those laws.
His Excellency is of opinion that under all the circumstances of the case, persuasion is the only weapon that can legally be employed. The Registrar-General has instructions to give every assistance in his power towards inducing runaway Chinese wives to return to their husbands in China. Recently, he has had two such cases to deal with; and the circumstances connected with them will show the difficulties with which they are surrounded.
In one case, a young woman left her husband in Yaumati. On complaint being made by the husband, the woman, her mother, and the "go-between" were sent for to the Registrar-General's Office. Every effort was made to induce the woman to return, but she remained obstinate. The services of the Po Leung-kuk were then asked for, and promptly accorded. After some time, the woman seemed to consent to return, but, on coming before the Registrar-General again, she solemnly asserted that, if ordered to go back to her husband, she would commit suicide. There was no help for it but to allow her to go away with her mother.
In the other case, the woman had by false representations obtained admission to a registered brothel. When confronted with her mother, her husband, and her uncle, she stoutly denied having ever seen them. In this case, also, the Po Leung-kuk were good enough to render assistance, but all efforts were fruitless. Finally, the woman's name was removed from the register, and she was informed that on no account would it be restored. She left next morning for Canton, but stated that nothing would induce her to return to her relatives. She, too, threatened to commit suicide if ordered to go back to her husband.
It may be said, generally, that the patriarchal system of China, by which almost absolute power is given to fathers and husbands, is not recognised by English law. The Executive Government cannot arrest fugitive wives as such, and all questions of divorce and restoration of conjugal rights must be settled by the courts of law.
HAWKERS' STALLS.
[The Committee request that hawkers may be allowed to have stationary stalls in the streets, and say that if the streets be scavenged morning and evening no nuisances will be created.]
The Committee need be under no apprehension that any unnecessary action will be taken against this industrious class of people. In all well-regulated cities certain rules are necessary for securing order and cleanliness, and nothing further is contemplated at Hongkong. In carrying out the regulations, the police have strict orders to exercise forbearance as far as the law permits. His Excellency on the 21st May last, on learning that Mr. Chadwick's recommendations had not been carried out in all cases with the necessary discretion and forbearance, issued a minute in the Gazette Extraordinary directing that due caution should be exercised in this respect, and recording his opinion that, by tact and management, it would not be difficult, in most instances, to gain the support of the Chinese community in carrying out measures essential for the health and welfare of all races and classes of the population of this colony.
LANDLORDS AND RENTS.
The Committee wish to revert to the former system by which landlords could take out warrants to distrain without any delay.
On this matter, I am directed to observe that there must be some misapprehension on the part of the Committee. The Registrar of the Supreme Court, who has been applied to for information, states that there need not be, and never is any delay in the issue of the warrants referred to. So careful is he in this respect that he has given the bailiffs orders to put a man in possession at once, if an application reaches them after 6 p.m.
LAW OF BANKRUPTCY.
The Committee renew a request made by the Chinese community some time ago for the amendment of the law of bankruptcy.
His Excellency fully appreciates the necessity of a change in the existing law of bankruptcy, and recognises the justness of the views of the Chinese community on this subject.
The Attorney-General is now preparing a new Ordinance on bankruptcy, which will soon be laid before the Legislative Council.
In conclusion, I am directed to assure you, gentlemen, that Governor Sir George Bowen will always be glad to receive full and candid expressions of opinion respecting public affairs from the Chinese community of Hongkong. His Excellency will ever be desirous to carry out, as far as possible, the reasonable and well-considered wishes of the Chinese, who form so large and important an element in the population of this Colony.
I have the honour to be, Gentlemen, your most obedient Servant.
(Signed.) W. H. MARSH. Colonial Secretary.
Li Tak Cheung, Esq. Ho A-Moi, Esq., and other members of the deputation.
P.S. This reply of His Excellency the Governor will be transmitted to you by the Registrar-General, who will give any further explanations which may be desired on the subjects of which it treats.
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