Taken from the China mail of 24th March 1881.
SUPREME COURT.
IN CRIMINAL SESSIONS.- (Before His Lordship the Chief Justice, Sir John Smale.)
Thursday, March 24.
PRISONER DISCHARGED.
Chun Lan (case No. 1), who was charged with unlawfully and by fraud enticing into the Colony a boy named Leung Awing for the purpose of selling him, but was found not guilty, was now discharged by proclamation.
UNLAWFUL DETENTION OF A BOY.
Chung Achan, Chan Aman, Chan Acheung, Li Ayeung, and Lam A-Ng, were charged with unlawfully and by force detaining in this Colony one Chan Afai for the purpose of selling him (case No. 2). Three of the prisoners were convicted and were now sentenced, the other three were acquitted by the Jury.
In passing sentence his Lordship said :- You, Chan Aman, Chan Acheong, and Li Ayeung, have been found guilty of having unlawfully and by force detained within this Colony Chan Afai, a boy aged 15 years, for the purpose of selling him, on the 24th of January last. Three other prisoners were charged with having participated in the crime; although they have escaped, it is pretty clear that some other persons besides these prisoners took part in this crime. It seems that the boy, an apprentice in Canton, was met on the streets there by you, Chan Aman, and you enticed him to the steamer, where you, Li Ayeung, joined them, and all three proceeded to Hongkong for the purpose of selling him. Here the boy was kept confined in a house, shut in by you, Chan Acheong, and the boy was offered for sale to various persons at $17, and on his being subsequently offered for sale his crying attracted the pity of some humane Chinamen who informed the police. Here we have evidence of an awakening of public opinion to the enormity of kidnapping. It is mainly to this, it is not as I believe to any increase in the frequency of the crime that it is owing that these cases have been brought to the cognizance of the Courts. The sentence on each of you is that each of you be imprisoned and kept to hard labour for the term of two years.
UNLAWFULLY ENTICING A BOY.
In case No. 4, Chan Alam and Lai Ayip were convicted of unlawfully and by fraud enticing into this Colony, a boy named Chan Ayun for the purpose of selling him.
The Chief Justice in pronouncing sentence said :- You, Chan Alam and Lai Ayip, have been found guilty of having unlawfully and fraudulently enticed into this Colony a boy eleven years old named Chan Ayun for the purpose of selling him on the 22nd Feb. 1881, and also that you did by fraud detain the same boy within the Colony for the purpose of selling him. In this case the boy was coming back to his home from school in the streets of Fatshan beyond Canton, when you Chan Alam his elder brother enticed him to a tea-house, where you gave him tea and then took him in a boat to another place where the second prisoner met you, and you both took the child to Canton and by steamer thence to Hongkong. Here you both through an associate offered the child for sale, but you then failed, and you Ayip took the boy in a boat for the purpose of taking him to a steamer starting for Singapore, but your conduct was so suspicious that Cheng Cho Yi, the boat-woman, took you back to the praya and gave you in charge to the police. At the Central Police Station your story was so plausible that you both got off; you persevered in your object and the child was offered for sale at $50 in a public manner in a public shop. Fortunately Wong Man In, one of the active agents of the Chinese Society for the suppression of kidnapping, was present, and he caused you to be arrested, and the guilt of each of you has been clearly proved. This case, whilst it exhibits the disgraceful attempt by a brother to sell a younger brother, presents two satisfactory facts, first that a Chinese boatwoman handed one of those prisoners to the police and that afterwards an agent for the Chinese Society to suppress this class of crime caused the arrest and conviction of these prisoners. These facts are indicative of the public mind tending to treat kidnapping as a crime against society calling for active suppression. The sentence of the Court on you, Chan Alam, is that you be kept in penal servitude for three years. The sentence of this Court on you, Lai Ayip, is that you be kept in penal servitude for three years.
CRUEL ASSAULT ON A GIRL THE CHIEF JUSTICE ON DOMESTIC SLAVERY AND ITS RESULTS.
Lam Ayau, a married woman, was convicted on the 18th, of assaulting a girl named Chan Akun, thereby causing actual bodily harm.
The prisoner being called on for what she had to say, reaffirmed that she did not beat the girl. The marks that had been found on her body were the marks of some disease which the girl had. She admitted that the girl and she had not been on good terms. If she had beaten the child, she would not have spent so much money in curing her eyes. She spent a great deal of money in curing this girl's bad eyes.
The Chief Justice now sentenced the prisoner, and in doing so said :- You, Lam Ayau, have been convicted of having made an assault on, and having beaten and wounded Chan Aking, a little girl aged seven years, on divers days, especially on the 8th of February last, thereby occasioning to this young child actual bodily harm. It was proved that you bought this little child for $48, and you took her to live with you as your so-called servant. You treated her as your slave, an act which I unhesitatingly hold to be in itself a misdemeanour. Power engenders cruelty, and you habitually treated the child ill, and you gave way to bad passions and beat the child without mercy. It seems that through weakness the child wetted her bed in her sleep, and your passion passed your control; you took burning wood from the fire and burnt the child's body between the legs. The neighbours interposed and called in the police, and the child was taken to the Civil Hospital. Dr Marques examined the child at the Hospital on the 10th of February; he found two scars filled with matter on the front of the child's head, another big scar on the back of her head, matter there also; her left ear was bruised and the lobe of that ear divided; there was a swelling on the right side of the head, a scar on her left cheek, and there were marks of beating with a rattan on the back of the left hand and on the left ankle-joint and foot; the lower region of the abdomen and both the child's thighs were burnt; the child continued under his care in the hospital from 10th February to the day of trial, the 18th of March. She was in a weak state when she was admitted, and in Dr Marques' opinion it was from ill-treatment. Wicked cruelty is the natural result of the system of slavery, which it is said is found in every well-to-do home in Hongkong when the sense of power works on wicked minds. This disgusting, unwomanly cruelty must be punished very severely. The law has not contemplated such fiendish cruelty and has not provided a punishment sufficiently severe for the criminal. I now sentence you, Lam Ayau, to be kept in penal servitude for three years. If the law would have sanctioned a more severe punishment I would have subjected you to it.
In finally disposing of these three cases, with all their enormity, sources of satisfaction present themselves in the fact that in each of these cases it has been owing to the spontaneous indignation of Chinese men and women, that these crimes have been brought to the knowledge of the Police.
Page 11
Taken from the China mail of 24th March 1881.
SUPREME COURT.
IN CRIMINAL SESSIONS.- (Before His Lordship the Chief Justice, Sir Joher Smule.)
Thursday, March 24.
PRISONER DISCHARGED.
Chun Lan (case No. 1), who was charged with unlawfully and by fraud enticing into the Colony a boy named Leung Awing for the purpose of selling him, but was foundnot guilty, was now discharged by proclama-
tion.
UNLAWFUL DETENTION OF A BOY. Chung Achan, Chaz Aman, Chan d- cheung, Li Ayeung, and Lan A-Ng, were charged with unlawfully and by force de- taining in this Colony one Chan Afai for the purpose of selling him (case No. 2), Three of the prisoners were convicted and were now sentenced, the other three were acquitted by the Jury.
in passing sentence his Lordship said :- You, Chan Amun, Chan Acheong, and Li Ayeung, have been found guilty of having wilawfully and by force detained within this Colony Chan Afai, a boy aged 15 years, for the purpose of selling him, on the 24th of January last. Three other prisoners were charged with having participatel in the crime; although they have escaped, it is pretty clear that some other persons besides these prisoners took part in this crime. It seems that the boy, an apprentice in Canton, was met on the streets there by you, Chan Amun, and you enticed him to the steamer, whore you, Li Ayeung, joined them, and all three proceeded to Hongkong for the pur- pose of selling him. Here the boy was kept confined in a house, shut in by you, Chan Acheong, and the boy was offered for sale to various persons at $17, and on his being subsequently offered for sale his cry- ing attracted the pity of some humane Chinamen who informed the police. Here we have evidence of an awakening of public opinion to the enorraity of kidnapping. It is mainly to this, it is not as I believe to any increase in the frequency of the crime that it is owing that these cases have been brought to the cognizance of the Courts. The sentence on each of you is that each of you be imprisoned and kopt to lard labour for the term of two years.
ONLAWFULLY ENTICING A BOY.
In case No. 4, Chan Alam and Lai Ayip wore convicted of unlawfully and by fraud enticing into this Colony, a boy named Chan Ayun for the purpose of selling him,
The Chief Justice in pronouncing sentence said :---
You, Chan Alam and Lai Apip, have been found guilty of having unlawfully and fraudulently enticed into this Colony a boy eleven years old named Chan Ayun for the purpose of selling him on the 22nd Feb. 1881, and also that you did by frand detain the same boy within the Colony for the purpose of selling him. In this case the boy was coming back to his home from school in the streets of Fatshan beyond Canton, when you Chan Alam his elder brother enticed him! to a ten-house, where you gave him toa and! then took him in a boat to another place where the second prisoner met you, and you both took the child to Canton and by steamer thence to Hongkong. Here you both through an associate offered the child for sale, but you then failed, and you Ayip took the boy in a boat for the purpose of taking him to a steamer starting for Singa- pore, but your conduct was so suspicious that Cheng Cho Yi, the boat-woman, took you back to the praya and gave you in charge to the police. At the Central Police Station your story was so plausible that you both got off; you persevered in your object and the child was offered for sale at $50 in a public manner in a public shop. Fortunately Wong Man In, one of the active agents of the Chinese Society for the sup- pression of kidnapping, was present, and he caused you to be arrested, and the guilt of each of you has been clearly proved. This case, whilst it exhibits the disgraceful at-
tempt by a brother to sell a younger brother, presents two satisfactory facts, first that a Chinese boatwoman handed one of those prisoners to the police and that afterwards an agent for the Chinese Society to sup- press this class of crime caused the arrest and conviction of these prisoners. These facts aro indicative of the public mind tending to treat kidnapping as a crime against society calling for active suppres- STON The sentence of the Court on you, Chan Alam, is that you be kept in penal servitude for three years. The sentence of this Court on you, Lai Ayip, is that you be kept in penal servitude for three years.
CRUEL ASSAULT ON A GIRL THE CHIEF JUS- TICE ON DOMERITO SLAVERY AND ITS
RESULTS.
Iam Ayau, a married woman, was con- victed on the 18th, of assaulting a girl hamed Chan Akun, thereby causing actual bodily harm.
The prisoner being called on for what she had to say, reaffirmed that she did not beat the girl. The marks that had been found on her body were the marks of some disease which the girl had. She admitted that the girl and she had not been on good terms. If she had beaten the child, she would not have spent so much money in curing her eyes. She spent a great deal of money in curing this girl's bad eyes.
The Chief Justice now sentenced the pri- soner, and in doing so said :-
You, Lam Ayau, have been convicted of having made an assault on, and having beaten and wounded Chan Aking, a little girl aged seven years, on divers days, cape- cially on the 8th of February last, thereby occasioning to this young child actual bodily harm. It was proved that you bought this little child for $48, and you took her to live with you as your so-called agrvant. You treated her as your slave, an act which I unhesitatingly hold to be in itself a misdemeanour. Power engenders cruelty, and you habitually treated the child ill, and you gave way to bad passions and beat the child without mercy. It seems that through weakness the child wetted her bed in her sleep, and your passion passed your control; you took burning wood from the fire and burnt the child's body between the legs. The neighbours interposed and called in the police, and the child was taken to the Civil Hospital. Dr Marques examined the child at the Hospital on the 10th of February; he found two scars filled with mattor on the front of the child's head, another big scar on the back of her head, matter there also ; her left ear was bruised and the lobe of that ear divided; there was a swelling on the right side of the head, a scar on her left check, and there were marks of beating with a rattan on the back of the left hand and on the left andle-joint and foot; ¦ the lower region of the abdomen and both the child's thighs were burut; the child con- tinued under his care in the hospital from 10th February to the day of trial, the 18th of March. She was in a weak state when she was admitted, and in Dr Marques' opinion it was from ill-treatment. wicked cruelty is the natural result of the system of slavery, which it is said is found in every well-to-do home in Hongkong when the sense of power works on wicked minds. This disgusting, wuwomanly cruelty must be punished very severely, The law has not contemplated such fiendish cruelty and has not provided a punishment suth- ciently severe for the criminal. I now sentence you, Law Ayau, to be kept in penal servitude for three years. If the law would have sanctioned a more severe punish- ment I would have subjected you to it.
All this
In finally disposing of these three cases, with all their enormity, sources of satisfac- tion present themselves in the fact that in each of these cases it has been owing to the spontaneous indignation of Chinese men and women, that these crimes have been brought to the knowledge of the Police.
11
No comments yet.
Private notes are available after approval.