M. Fairfield
I do not think we can defend charging the Hong Kong government with ten guineas, because a civil action is brought against a man who has not yet begun his employment there.
I should tell you that, if it is proved against him, he will have to repay this ten guineas by instalments. Let him settle whether or not under these circumstances he will go out. On the other hand, we ought to, if possible, try to get the money out of the woman - though it is probably rather hopeless to try to do so.
C.Pd. 15 Jan
The above minute seems to me to make too much of Story Kong's precedence. The penalty of £10 is one of the risks which the Colony runs on account of its specially favourable arrangement for servants.
In the case of its constable, cringing to 5th Kary, where he paid full ordinary wages, he was an servant. The loss is a certain risk - a risk which a colony with a revenue of £2 millions can well bear.
It would be monstrous to let this fall through after she has been thrown out of a situation, be a mother and has been confined.
And as the man is engaged to us under a contract, which makes such a contingency a legal one, I think it amounts to a dangerous attempt to make them pay.
I do not think a bastardy action can be called a civil action. It can not be got rid of by the conduct of the parties. It is...