10
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251
64
referred to in his defence, he did not much mind, but he has little doubt it Amongst other names in it was the would repay a critical examination. name Ho Kai," which is that of a Member of the Legislative Coupcil. The authorities, however, affect to believe that that entry is not intended to refer to that gentleman. There is every reason to believe that the Captain Superintendent was referred to as being in receipt of $10 a day, under the designation of Tai Tau (literally Big Head, equivalent to Chief Head). The authorities, however, have charged this to mean Inspector Baker, the Inspector in charge of the section, which is strange seeing that every other European Policeman on the list is identified by his number, actual or past, and that Inspector Baker was universally known amongst the Chinese as No. 10, and never heard of as Tai Tau. Perhaps Sham In was reluctant to charge the Captain Superintendent of Police (who was likewise, by a combination of offices, the Acting Superintendent of the Gaol), and therefore substituted the name of Inspector Baker, Besides, the absurdity of charging the Captain Superintendent would have discredited the list against your Petitioner and others; and as Sham In was a convict under sentence of hard labour, he would be careful not to offend the prosecution by destroying Tai Tau" does mean Chief Head, that is their theory. But assuming that “ Captain Superintendent, that would show conclusively, either that some one had been making use of the Captain Superintendent's name in order to extort money from the gamblers, or that Sham In himself had made the entry for his
Ho Kai." own purposes. The same remarks apply to the entry of the name
24.-Your Petitioner has stated in paragraph 19 his view, as an officer of some experience, that the list found was probably partly the outcome of an attempt by Sham In to assist his clansman Sham Cha, so that he might not suffer loss.. though the house failed, as it did; partly the outcome of the desire of Sham In, and other employees, to feather their own nests, and to conceal the fact; partly the result of real payments to Chinese Police and informers; and partly the result of the attempts by such Police and informers to swell their own receipts, by pretending to be agents for Europeans. This latter point is one which happens to be illustrated by a case lately concluded at the Magistracy China Mail," will be found (November 16th, 1897), a report of which, from the "
in Schedule 6 hereto. In that case the Chinese Interpreter of a Sanitary Board Inspector was convicted of obtaining money for himself under the pretence that it was demanded by the Inspector as a condition to the issuing of certain pigstye licences. Fortunately for the Inspector the matter did not rest on the word of the Interpreter, but the case shows the way the thing is done. The bribe is wanted by the Chinaman, but he uses his superior's name to get it. And the Chinese gambler---to return to gamblers-who knows he is a lawbreaker, dares not refuse to comply with the demand, even if he doubts the truth of the application, for if he were to enquire of the officer direct he would expose the fact of the gambling, and run the risk of being charged with an attempt at bribery.
25. The original charge, as notified to your Petitioner on his appearing before the Captain Superintendent on the 24th August, was one of not discover-
11
ing and reporting a gambling house at 2, Wah Lane; the finding was simply for not reporting the house. This represents, your Petitioner points out, a con- cession to your Petitioner's contention in his defence on the enquiry, that the non-discovery under the circumstances did not imply any negligence. But your Petitioner submits that it borders on absurdity to bring in a finding of negligence for not reporting a not discovered gambling house. Such a finding, more especially in the face of evidence that the Chinese detectives were bribed not to report to the Inspectors, and refrained from so doing, shows the strong, if genuine, prejudice of the Captain Superintendent against your Petitioner's innocence.
26.-In conclusion, your Petitioner says that he would have welcomed an enquiry before H.E. the Governor or any impartial Board, face to face, but he respectfully protests alike against the manner of the enquiry, lately instituted against him, the person of the judge, and the finding. Against the manner of the enquiry, as not having been either in the letter or in the spirit in conformity with the Rules laid down by the Colonial Office; against the person of the judge, as being absolutely biassed, and in reality a party to the cause; against the finding, as being unsupported by a word of evidence. Your Petitioner has been condemned as the result of arbitrary suspicion. Against suspicion your Petitioner is aware that he cannot vindicate himself. The confidential nature of
a detective Inspector's employment, in the midst of an Asiatic population, makes him an easy mark for suspicion, against which his only resource lies in a feeling of loyalty on the part of his superiors, and their sense of justice; if these guarantees fail him, he is really defenceless. That your Petitioner was esteemed till lately is shown by what is stated in paragraph No. 3 above; the fact that the finding of his number in a Chinese gambler's book, as in receipt of daily bribes, should have destroyed confidence in him, in the mind of the Captain Superintendent is a misfortune, but a misfortune unavoidable by your Petitioner, unmerited, and not dishonourable to him, Your Petitioner is anxious only to obtain justice, and is prepared to do everything in his power to protect his character, and rights. He, therefore, respectfully says that he has no wish to serve again under Captain May. Your Petitioner has always been respectful, but never subservient to his superiors, and does not now ask for any consideration, but only for justice. On that ground, Sir, he prays that you will direct, either, a new and proper trial, or else your Petitioner's reinstatement in the Police Force with leave to him to resign (on the pension he has legally, and fairly earned), which he willingly undertakes to do, upon the plain understanding that such resignation involves no slur on him.
I am, Sir,
Your most humble obedient servant,
M.Stanton