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PUBLIC RECORD OFFICE

TP

Reference :-

C.O. 882

5 PUBLIC RECORD OFFICE, LONDON

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(6)..

MAJOR-GENERAL Gascoigne,

August 17. You may remember that you notified that Sham Chun could not be held with safety unless the landing at Sha Tao and the road between that and Sham Chun were held, therefore I informed Her Majesty's Government that we held the valley of Sham Chun, which reaches to the hill-tops, and was the boundary first proposed. If the river only were to be held there would have been no necessity to encamp troops at Sha Tao. The landing-place at Sham Chun would have been utilized, and the town occu- pied as it was at first, with support from the camp formed in our own leased territory at Sham Chun Ferry.

Therefore the valley from the hills west of Sha Tao is in military occupation.

As to questions 3 and 4. I agree with your answers in 5 and 6, nor do I think that in the position quoted in 7, the Hong Kong Police could act, except in so far that they might inform the Chinese authorities that they were ready to assist them by handing over the malefactors. It would, however, be useful for the police to know that the malefactors were there.

As to 8, I agree with you. The difference in the position caused by our occu- -pation is, to my mind, simply that as we are there, and we have deprived these people of the protection, so far as it went, supplied by the Chinese Government, we ought to give them as much protection as we can, having regard to military necessities, and, as regards our own Colony south of the river which, previous to its cession was intimately associated with the Sham Chun valley, it may be important for the Executive to be informed of any serious crime, such as the supposed murder at Wong Kong, if there is evidence that such a crime has been committed, not for the purpose of interfering north of the river, but because it might possibly affect persons or villages in our terri- tory to such an extent as to call for especial vigilance on the spot by the local police. But the responsibility for the occupied territory rests entirely with the officer in command of troops, whose discretion is absolute.

b

(Confidential.)

YOUR EXCELLENCY,

3.

H. A. B.

Camp Sheung Po, August 14, 1899. THE facts concerning the alleged murder at Wong Kong are as follows: On August 1st news was received in the camp of the murder of an elder of Wong Kong,

Major Prendergast at my request proceeded there. He was shown a room where blood nad been spilt and was informed that the previous night a band of men (unknown) had presented themselves, had shot the elder in question, and had retired, taking away his body.

The people of the village appeared very much frightened; were extremely reticent in giving any evidence; but it was elicited that it was a case of revenge and not of robbery. It appears that last year when the Chinese Admiral visited this district to suppress the countless murders and outrages committed all round by members of the Triad Society, the elder in question had given evidence which had resulted in the decapitation of several of these men, and it was supposed that this murder was out of revenge for this. In consequence the people were not keen to give evidence, alleged that they were unacquainted with and unable to identify their assailants, though a hint was given that it was thought that some of them came from Sha Tau. As they ap- peared terrified lest further visits be made, Major Prendergast consented to send a small body of troops after dark for their protection.

The troops went for several nights, but all was quiet.

In addition Major Prendergast assembled all the elders together and advised and assisted them to organise patrols of their own, and gave them written permission to export a few arms from Hong Kong for their own protection, on condition that these arms should be first brought to this camp, issued to individuals with permits, and to be produced on application by us for inspection.

By all these measures the village confidence appeared to be restored; they ex- pressed the utmost gratitude for the protection afforded and the troops were with- drawn.

As regards the hint dropped that it was thought that the perpetrators came from Sha Tau, curiously enough some days before the alleged outrage, the elders of this

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place, who had hitherto held aloof, volunteered to come in for a conference with Major Prendergast, and they did come in of their own accord the day following the outrage. Both Major Prendergast and I myself saw them. They professed complete ig- norance of the murder, declared that Wong Kong had a grievance against Sha Tau, and put down to the latter town every outrage which took place all round. pressed by me that if I got no information they might receive a most unpleasant visit, On being they replied that if so must be, that I was the stronger power, but that they could tell me nothing as there was nothing to tell. I gave them 48 hours to think it over, ordered their return at the time.

and

They came and again repeated that they had no information to give. This was in the afternoon. They were detained in camp, and at 2 a.m., a large body of troops, taking the elders with them, marched over to Sha Tau to search for arms. This was a measure I felt myself justified in adopting; it was within my power and my instructions, and the visit would at least give them a sense of our power. The night turned out fearfully wet, the troops were completely drenched, but the visit had been kept secret, and the badness of the weather caused all the people to be indoors. No arms whatever were found, except one pike.

Such is the account of this alleged murder. I say alleged murder because there is no proof positive that a murder was committed, no body found, nothing definite to go upon were the place where the outrage was committed Her Majesty's dominions with all the force of law in full swing. As regards the perpetrators no evidence whatever was produced which could bring it home to any individual or nearly home to any in- dividual or set of individuals.

·

I would therefore ask Your Excellency what possible use would there be in com- municating with the police?

But I go farther. I most emphatically wish to point out that it would not be in Your Excellency's interests, nor in mine, nor in those of anyone else to run these private quarrels too closely to the ground in the present unsettled state of things of present occupation and possible withdrawal.

Granted that I took the steps I have reported above to give assistance and support, it would not do to ignore appeals for help, nor to take no notice of outrages when they have been reported; the result might be a large increase of them, reflecting possibly later_gn on the safety of the troops.

In my opinion therefore the method to adopt is to investigate, to show a power of force to these people, but not to press too closely home the conviction of offenders in these private quarrels, otherwise I think that grave dangers and difficulties will be involved.

Supposing for example I could have laid my hand on these murderers or could have instructed the police in British territory to do so, would it have been desirable? Under what would Your Excellency propose to deal with them?

I am responsible for military law, and I can only say that I should decline to deal

, with them under that law.

If Your Excellency feels justified in dealing with them by civil British law, then I can only say that I misunderstand the situation, and that the sooner a Civil Adminis- trator be sent and the responsibility be taken off my shoulders the better.

MAJOR-GENERAL GASCOIGNE,

W. J. GASCOIGNE,

Major-General,

&c., &c.

August 17, 1899.

The

THANKS for the information as to the supposed murder at Wong Kong. facts go no further than strong suspicion.

I quite agree with you in

your appreciation of the position. We could not certainly try any person for a murder committed in the territory held in military occupation. What you might not do it would be hard to say. It appears to me that you might do whatever seemed best to you, even to the extent of executing the criminal, if you tried and convicted him; but this is only my personal view. Suppose, for instance, that an atrocious crime were committed upon an Englishman in the district. We should have no power to deal with it here. Would you allow the perpetrators to go free? or would you call upon the Chinese authorities to take up the case?

But assuming that you had undoubted proof that a serious crime, such as murder,

. had been committed in the district, then I think it would be advisable to let the execu- tive here know of it, not that the executive could take any action there, but it might