CO129-164 - Sir Kennedy - 1873 [7-9] — Page 265

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My remarks on the different points in detail will be found mostly supplement- ary to, or explanatory of the difference of opinion I hold, under two main headings, to the general tenor of the Report, in which I otherwise cordially concur, and beg to add my tribute of congratulation on the vigour and talent displayed in drawing

it up.

1st. My opinion is entirely opposed to the introduction of such a decided

Chinese element into the Police force.

2nd. Although certainly mentioned in paragraph 76, I think that suffic- ient prominence has not been given to the fact of how much depends upon the utter inapplicability of English Law Procedure to the circumstances of Chinese crime, to Chinese manners and education, and consequently to Chinese understanding; and I had hoped that the Report of the Commission would have recommended an extension in every respect of Summary Procedure, or, at the least, the adop- tion of a Criminal Procedure similar to that which our Chairman, the Honourable the Acting Attorney General, informed us has been created for use in the up-country provinces of India.

Taking the paragraphs of the Report separately, I have the following remarks to make.

PAR. 10. I would suggest adding "the inapplicability of present Criminal Procedure, &c." to the other difficulties enumerated.

PAR. 25. (f.) The evidence before the Commission was entirely to the effect that the Indian races acquire Chinese and Foreign languages with much greater facility than Europeans.

PAR. 33. The very greatest consideration is no doubt due to Dr. LEGGE'S Opin- ion on any matter about which he expresses himself authoritatively. At the same time it cannot be overlooked that Dr. LEGGE'S Sympathies are notably with the Chinese, but that his connection with them has been more on a theoretical than on a really practical basis; whilst on the other hand, the evidence of all special men, such as of Captain Superintendent DEANE (at sitting of 4th January), of Mr. Biren (sitting of 6th January), and of Mr. Rice (sitting of 1st March) is most conclusively to the effect that the Chinese are neither physically nor morally adapted for general Police service. The difficulties about repeated attendance at courts, and the tam- pering with witnesses between the attendances would be a good deal done away with by summary procedure.

PAR. 34. I think that no fair comparison can be made of the Police system at Shanghai with that of Hongkong. The locale, the character of the people, and the connection between the European and Chinese authorities are all widely different.

PAR. 36. (a) There must be some Indians for summer day duty at certain posts, say for instance at Pedder's wharf, where a European cannot stand the and a Chinaman is of no use.

sun,

(d.) The connection between Foreigners and Chinese in ordinary business is of an entirely different character to that sought to be established in the formation of a Police force. As a general rule, in business, the guarantee for honesty is the interest involved. The whole system of compradore and servants is so advantageous to thein,

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that they become guarantee the one for the other in the prevention of overt acts of dishonesty such as would bring the system into discredit. Neither compradore nor servants would serve with the same fidelity (?) for the mere nominal wages, or unless they shared in the general plunder derivable from all foreign establishments. No rate of wages paid in the Police force could outweigh the temptation of bribes, especially such as those described in paragraph 80, where the bribing power of the gambling fraternity is estimated at $15,000 per month!

(e.) Unless we are prepared to adopt Chinese customs altogether, and so long as we are endeavouring to impose European morality and ideas upon Chinese ideas and education, it is better, looking to the Chinese character, to govern them by fear and dislike, and to use instruments which are either neutral or unsympathetic.

(g.) There could be no such thing as esprit de corps, or any stimulus to exertion, except in bigher wages, and the attainment of a po- sition more favourable for extortion, or for the reception of bribes. Any Chinaman connected with Europeans for the really honest fulfilment of Police duties is an outcast amongst his own coun- trymen. Chinamen will do anything for money, even to pledging their own daughters to a brothel for payment of family debts (vide Police Reports).

PAR. 37.

disagree with this recommendation altogether as regards Chinese. The European element should be kept as strong as possible, or as requisite, and always recruited from home at whatever expense. For such duties as cannot be performed by Europeans an admixture of Indians should be used, Sikhs, Bombay men, or Malacca Malays. Some Chinese should be retained for Water Police, Mes- sengers, and light Police duties.

PAR. 42. The post of Captain Superintendent is one per se requiring special qualifications, and though it should be understood that Inspectors may render themselves eligible for it, it would be very unwise to establish that the appointinent can only be given in the corps itself.

PAR. 46. To admit so many as 400 Chinese into the Police force would, in my idea, be highly dangerous. It would be equivalent to our abdicating police con- trol over the native population. The warmest admirer of the Chinese would hardly undertake to find so large a body of men out of which even a moderate percentage should be free from the vices of Chinese education, particularly from that of using position and power for

ends. mercenary

PAR. 48. Chinese detectives in the hands of, and under the very strictest supervis- ion of a European officer having himself decided detective qualifications, together with a knowledge of the Chinese language and of Chinese moral character, may be used with advantage and indeed are the only possible detectives amongst the native population; they will, however, require almost as much watching themselves as they are supposed to exercise over others.

PAR. 52. I have not had the advantage of examining Mr. May's scheme of Police duties, but I consider it impossible to substitute Chinese for Indians in most cases.