proclamation inviting an increase of settlers, in
In the year 1879, the 22nd of October.
In the fifth year of the reign of KWONGSUI, the 9th mon, the 8th day.
Translated by
25th October, 1879.
E. J. EITEL.
P.S.-Mr. FUNG MING-SHAN, a Member of the Tung-wá Committee, who drew up the above, came here this morning and complained in the name of the Committee of the publication of their petition and enclosure in Daily Press of this day. He said the Committee had not authorized the publication of these papers.
内有云買賣婢女均有罪名本港居民實深惶恐在殷商富戶固慮冒犯 督憲伊大人會出示諗欲招徠謂凡居港之華人准照其風俗辦理等語所以近悅遠來港地日形興旺今聞泉憲審訊買長爲娼之案其堂判
名前憲洞悉中國民情不復固拘例欸從寬免究查一千八百四十一年 買女者 家務繁冗暫分操作之勞幼時教養兼施長大師行婚嫁任其自便無核苦工
王章而貧苦小民又恐求生無路且華人素有溺女之風若禁絕買賣則此風必從而愈甚且糊口無資更恐爲盜賊切
大人關心民瘼惻隱爲懷斷不忍無告窮民束手待伏乞 鑒諒輿情不行擾民之政代爲中
朝廷請將華人買子立嗣買女爲婢因例波及之欸變通辦理其有買良爲娼誘拐販賣者則從重治罪俾闔港貧富均安則感 大恩於靡旄矣另
which it was said that all Chinese, residing in Hongkong, would be treated in accordance with
their native customs and so forth, whereupon
people far and near were delighted to come, and the Colony of Hongkong showed thenceforth
signs of improving in prosperity from day to day,
That now, however, Your Petitioners are in-
formed that His Lordship the Chief Justice after
the trial of a case of purchasing free persons for
purposes of prostitution said, in the course of his
judgment, that buying and selling girls for domestic servitude was an indictable offence, which
put all native residents of Hongkong in a state of extreme terror, all great merchants and wealthy
residents in the first instance being afraid lest they might incur the risk of being found guilty
of a statutory offence, whilst the poor and low class people, in the second instance, feared being
deprived of a means to preserve their lives (by selling children to be domestic servants),
That, moreover, there obtains in China the
practice of infanticide, in the case of female infants,
which would be extremely increased if it were
entirely forbidden to dispose of children by
buying and selling, and further, people thus deprived of a means to keep off starvation would,
it is to be feared, drift into thiefdom and
brigandage,
That Your Petitioners, considering Your Ex-
cellency's habit of solicitude for the sufferings of the people and of sympathy with their feelings
will surely not allow poor people who have no helper to be left awaiting death with tied hands, humbly beg that Your Excellency, in merciful
consideration for the feelings of the people, forego the carrying out of a measure bringing distress
upon the people and lay before Her Majesty's Government their prayer that, in applying the provisions of the law to the Chinese practice of buying sons for purposes of adoption and girls
for domestic servitude, a point be stretched in
dealing with the case, but that the purchase of
free people for purposes of prostitution, and the
kidnapping and selling of persons from hand to
hand be severely punished, when both poor and
rich in the whole Colony will be greatly indebted
to your Excellency's favour for ever and ever,
That Your Petitioners further beg to enclose
herewith a statement of the case under ten different paragraphs which they respectfully submit to
Your Excellency's consideration,
And your Petitioners, as in duty bound, will
ever pray.
P. Strictly speaking, this petition should have
been signed by all the traders in Hongkong, but in
view of the urgent and pressing nature of the
case the Committee feared to incur the long delay
which would be caused thereby. It was therefore resolved at a public meeting that the undersigned fourteen members of the Committee,
should append their signatures on behalf of the whole community to avoid delay.
E. J. EITEL.
24
另錄條陳十
一中國歷久以來於買賣男女童稚成爲繼嗣成為育女或爲使婢如係彼此情甘
督憲大人察奪施行
錄條陳十欸附呈 鈞覽伏乞
欸附
因中國生齒日繁貧苦者衆故國家綠情制例以期無病於民若槪施禁令則貧困 非耢誘擄勒者皆例所不禁此事不獨庶民有之卽士大夫之家亦皆有之此皆
四位代衆出名以免延誤 事關急迫恐躭延日久故衆議以董等十 再者此禀理宜闔港華人行店簽名因見
鈞覽伏乞詳
加審察卓奪
大英一千八百七拾九年十月十二號
心之善與不善以分別其有罪無罪耳 擄勒居心不良等事則例必嚴懲甚有科以死罪者蓋同此買賣一事固當核其 之人別無救活之策勢必坐以待斃此例所以不禁之本意也惟於買長爲娼誘拐
謹禀
光緒五年
九月
初八日
施行
Translation.
Subjoined is a statement under ten different
heads, which is herewith respectfully presented
for inspection with the humble prayer that it be carefully examined and action taken thereon, as
may be deemed expedient.
1. Since time immemorial there has been in China the practice of buying and selling male
and female children, either for purposes of adoption (in the case of boys), or in the case of girls either to bring them up as one's own daughters
or to use them as domestic servants. As there is in all these cases free will and inclination on both sides, and no kidnapping, or decoying, or compulsion, the law does not * forbid those practices. These practices are, moreover, not merely those of the common people, but of the families of scholars and high officials as well. The reason of all this is the excessive increase of the population, and the wide extent of poverty and distress. The Government, therefore, yielded
to the circumstances, and moulded the law accordingly, with a view to relieve the distress of the people. For if all those practices were forbidden, poor and distressed people would have no means left to save their lives, but would be compelled to sit down and wait for death. This is the principal reason for the non-interference of the law. But as to selling free persons for purposes of prostitution, as to decoying, kidnapping and compulsion, and other wicked practices, the law of course restrains them with severity, the worst cases being visited with capital punishment. Whilst all those practices, therefore, may be classed together as buying and selling (of free persons),
it is yet requisite to distinguish carefully the good or wicked purposes which each class of practices serves, and accordingly apply discriminately either punishment or non-punishment.
*This is not literally correct. The Law, being on this point in advance of the social life of China, as the Brehon Laws were in advance of Irish civilization, does not permit parents to sell their children indiscriminately. But this law is a dead letter and as a matter of fact such sales are of every day occurrence in all classes of society and certainly not treated as illegal by the Chinese Courts. Hence the belief of the petitioners.
E. J. E.
proclamation inviting an increase of settlers, in
In the year 1879, the 22nd of October.
In the fifth year of the reign of KWONGSUI, the 9th mon, the 8th day.
Translated by
25th October, 1879.
E. J. EITEL.
P.S.-Mr. FUNG MING-SHAN, a Member of the Tung-wá Committee, who drew up the above, came here this morning and complained in the name of the Committee of the publication of their petition and enclosure in Daily Press of this day. He said the Committee had not authorized the publication of these papers.
内有云買賣婢女均有罪名本港居民實深惶恐在殷商富戶固慮冒犯 督憲伊大人會出示諗欲招徠謂凡居港之華人准照其風俗辦理等語所以近悅遠來港地日形興旺今聞泉憲審訊買長爲娼之案其堂判
名前憲洞悉中國民情不復固拘例欸從寬免究查一千八百四十一年 買女者 家務繁冗暫分操作之勞幼時教養兼施長大師行婚嫁任其自便無核苦工
王章而貧苦小民又恐求生無路且華人素有溺女之風若禁絕買賣則此風必從而愈甚且糊口無資更恐爲盜賊切
大人關心民瘼惻隱爲懷斷不忍無告窮民束手待伏乞 鑒諒輿情不行擾民之政代爲中
朝廷請將華人買子立嗣買女爲婢因例波及之欸變通辦理其有買良爲娼誘拐販賣者則從重治罪俾闔港貧富均安則感 大恩於靡旣矣另
which it was said that all Chinese, residing in Hongkong, would be treated in accordance with
their native customs and so forth, whereupon
people far and near were delighted to come, and the Colony of Hongkong showed thenceforth
signs of improving in prosperity from day to day,
That now, however, Your Petitioners are in-
formed that His Lordship the Chief Justice after
the trial of a case of purchasing free persons for
purposes of prostitution said, in the course of his
judgment, that buying and selling girls for do- mestic servitude was an indictable offence, which
put all native residents of Hongkong in a state of extreme terror, all great merchants and wealthy
residents in the first instance being afraid lest they might incur the risk of being found guilty
of a statutory offence, whilst the poor and low class people, in the second instance, feared being
deprived of a means to preserve their lives (by selling children to be domestic servants),
That, moreover, there obtains in China the
which would be extremely increased if it were
practice of infanticide, in the case of female infants,
entirely forbidden to dispose of children by
buying and selling, and further, people thus deprived of a means to keep off starvation would,
brigandage,
it is to be feared, drift into thiefdom and
That Your Petitioners, considering Your Ex-
cellency's habit of solicitude for the sufferings of the people and of sympathy with their feelings
will surely not allow poor people who have no helper to be left awaiting death with tied hands, humbly beg that Your Excellency, in merciful
consideration for the feelings of the people, forego the carrying out of a measure bringing distress
upon the people and lay before Her Majesty's Go- vernment their prayer that, in applying the pro-
visions of the law to the Chinese practice of buying sons for purposes of adoption and girls
for domestic servitude, a point be stretched in
dealing with the case, but that the purchase of
free people for purposes of prostitution, and the
kidnapping and selling of persons from hand to
hand be severely punished, when both poor and
rich in the whole Colony will be greatly indebted
to your Excellency's favour for ever and ever,
That Your Petitioners further beg to enclose
herewith a statement of the case under ten diffe-
rent paragraphs which they respectfully submit to
Your Excellency's consideration,
And your Petitioners, as in duty bound, will
ever pray.
P. Strictly speaking, this petition should have
been signed by all the traders in Hongkong, but in
view of the urgent and pressing nature of the
case the Committee feared to incur the long delay
which would be caused thereby. It was there-
fore resolved at a public meeting that the under-
signed fourteen members of the Committee,
should append their signatures on behalf of the whole community to avoid delay.
E. J. EITEL.
24
另錄條陳十
一中國歷久以來於買賣男女童稚成爲繼嗣成為育女或爲使婢如係彼此情甘
督憲大人察奪施行
錄條陳十欸附呈 鈞覽伏乞
欸附
因中國生齒日繁貧苦者衆故國家綠情制例以期無病於民若槪施禁令則貧困 非耢誘擄勒者皆例所不禁此事不獨庶民有之卽士大夫之家亦皆有之此皆
四位代衆出名以免延誤 事關急迫恐躭延日久故衆議以董等十 再者此禀理宜闔港華人行店簽名因見
鈞覽伏乞詳
加審察卓奪
大英一千八百七拾九年十月十二號
心之善與不善以分別其有罪無罪耳 擄勒居心不良等事則例必嚴懲甚有科以死罪者蓋同此買賣一事固當核其 之人別無救活之策勢必坐以待斃此例所以不禁之本意也惟於買長爲娼誘拐
謹禀
光緒五年
九月
初八日
施行
Translation.
Subjoined is a statement under ten different
heads, which is herewith respectfully presented
for inspection with the humble prayer that it be carefully examined and action taken thereon, as
may be deemed expedient.
1. Since time immemorial there has been in China the practice of buying and selling male
and female children, either for purposes of adop tion (in the case of boys), or in the case of girls either to bring them up as one's own daughters
or to use them as domestic servants. As there is in all these cases free will and inclination on both sides, and no kidnapping, or decoying, or compulsion, the law does not * forbid those practices. These practices are, moreover, not merely those of the common people, but of the families of scholars and high officials as well. The reason of all this is the excessive increase of the population, and the wide extent of poverty and distress. The Government, therefore, yielded
to the circumstances, and moulded the law ac- cordingly, with a view to relieve the distress of the people. For if all those practices were for- bidden, poor and distressed people would have no means left to save their lives, but would be compelled to sit down and wait for death. This is the principal reason for the non-interference of the law. But as to selling free persons for pur- poses of prostitution, as to decoying, kidnapping and compulsion, and other wicked practices, the law of course restrains them with severity, the worst cases being visited with capital punishment. Whilst all those practices, therefore, may be classed together as buying and selling (of free persons),
it is yet requisite to distinguish carefully the good or wicked purposes which each class of practices serves, and accordingly apply discrimi- nately either punishment or non-punishment.
*This is not literally correct. The Law, being on this point in advance of the social life of China, as the Brehou Laws were in advance of Irish civilization, does not permit parents to sell their children indiscriminately. But this law is a dead letter and as a matter of fact such sales are of every day becurrence in all classes of society and certainly not treated as illegal by the Chinese Courts. Jience the belief of the peti-
E. J. E.
tioners.
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