Chl
This amount 7. The returns of gambling show 254 cases against 104 in 1884, and 86 in 1883. would be larger, were not cases of Lotteries now dealt with by Suinmons instead of by Warraut on summary arrest; they therefore appear in the Magistrates' and not in the Police Returns. The smallness of the numbers in 1883 and 1884, is probably due to the Government Order 1071 of 1883 directing, "The simplest plan would be to let the Chinese alone and to let them gamble in peace, prosecuting only in those cases when the surrounding circumstances and notoriety left no doubt as to the nature of any particular house.”
8. In connection with the riots just before my return to the Colony in 1884, I observe that it was considered expedient to seize the arms stored in various Chinese shops. The repeal by Ordinance 8 of 1882 of the unrepealed sections of Ordinance 9 of 1857 appears to have resulted
the probably unintended result of also repealing Ordinance 1 of 1855 which contained some valuable clauses con- cerning the sale of arms and the manufacture of explosives which might well have been enforced in cases of emergency. I have had during the past year to call attention to the want of any preventive measures against the storage of fire crackers and other dangerous commodities in buildings in the populated portion of the Colony.
PERMITS.
9. There is a point which has arisen during the past year to which I desire to draw attention. In this Colony so few matters connected with Police work are dealt with otherwise than by Ordinances, that there is a want of that elasticity which can be obtained in England by the exercise of a power to pass by-laws. A notable instance arose in the constant necessity in a commercial Colony like this, of vessels desiring to discharge or take in cargo at night. For over forty years the local law has prohibited it, but, from precedents dating back in my own experience to nearly twenty years, this obvious necessity has been recognised by the Chief of Police granting permits when necessary. During the past year the applications, formerly made by well known firms connected with the principal lines of steamers, increased fifty per cent., and were becoming so numerous that it was clear that, unless some system was inaugurated, every firm that occasionally shipped goods would be in possession of a permit. Now each permit practically represents some six cargo boats. The wisdom of our pre- decessors recognised that in these waters, so liable to piratical attacks, it was expedient that there should at night time be a clear belt of water between the shipping and the water frontage. Inci dentally I may point out that in one respect the status of this Colony is almost exceptional: it is one of the very few civilised places in the world where the trade of the Port is absolutely free from all Customs' dues. Hence in other harbours goods can only be landed at certain recognised points or under certain well known restrictions. Here cargo bouts can come alongside any portion of the four miles frontage of the City. Being desirous of reducing the practice of the issue of Permits to a system, I, with the permission of the Government, inserted an advertisement in the newspapers requesting the expression of views either for or against the landing or shipping of cargo at night ie., between 9 P.M. and 6 A.M.
The result for a Commercial Colony was somewhat surprising; not a single letter in favour of the practice was received, whilst objections to the course were sent in. It was therefore proposed to do away with the system of granting general permits available at all times, and to sub- stitute special permits to be granted when circumstances demanded that the dispatch of any particular vessel should be accelerated, and for this purpose every facility was given. When this was made known, the Chamber of Commerce for the first time took up the question and argued that, as Hongkong was a free port, the consignees of vessels were at liberty to land or discharge cargo as they pleased. The matter having been referred to the law officers, the opinion was that there was no authority of law for the granting of permits. An impression appeared to prevail that this implied that boats could discharge cargo at night. The result of a test case, that was taken before a Magistrate, whose decision was not appealed against, would seem to show that this prevalent impression is erroneous, and that the law distinctly prohibits boats from being within one hundred yards of the shore at night except at certain specified public or at all private wharves. Being fully aware that the prosperity of this Colony is solely dependent on its trade, I have taken on myself the responsibility of not carrying out the law to its full extent, but I trust that the matter may soon be placed on a sound basis, and the the two equally vital points of protecting the facilities of the trade of the Colony, and of protecting the City from sudden piratical raids, may meet with due consideration.
10. The same legal dictum of the absence of any authority of law equally applies to other matters on which the Chief of Police for the time being has heretofore endeavoured to assist the industries or necessities of the Colony, viz.: the granting of permits (a.) for the temporary obstruction of a roadway by the transit of heavy goods, (b.) for allowing boats to lie near certain wharves at night for the accommodation of the officers and men of the various men-of-war in Harbour, (c.) for the removal by the Chinese of the bones of the dead to the mainland. In none of these cases is there any authority of law for granting permits, but it is clearly desirable that such power should exist.
11. Another matter wherein the practice of the Colony existing for many years has been upset, is the granting of permits for (a.) Chinese Religious Ceremonies, Theatricals, and (b.) Religious Processions and Festivals. The power to grant permits for the former (a.) was vested in the Governor Registrar General by Ordinance 6 of 1857, but by the amended Ordinance 8 of 1858, the power vested in the Governor only. The matters referred to in (b.) were by Ordinance 14 of 1845 in th hands of the Chief Magistrate of Police, and by proclamation this was changed to the Chief of the
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Police Force. This proclamation is held, and obviously rightly so, to be ultra vires. Now applica- tions are sent to the Registrar General who endorses his recommendation or otherwise, then to the Colonial Secretary, who sends them to the Surveyor General as to structural matters, and to the Magistrates, (who are not in a position to obtain information), for a report. The document is then returned to the Colonial Secretary who submits it for the Governor's decision; he again receives it and sends the permit to the Registrar General, who returns the application to the Colonial Secretary, who sends notice to me as Head of the Police Force, and in numerous cases I receive the document after the expiry of the date on which the event took place. I must submit that it is time a less cumbrous process was adopted, and probably the simplest course would be for the Chief of Police to deal with such matters when outside and the Registrar General when inside buildings, subject always to the decision of the Surveyor General on structural matters. The right of appeal to the Governor being paramount, no special allusion need be made to it. The late Mr. MAY, when Chief of Police, gave this opinion on the subject of Licences for Religious or Theatrical entertainments. "I am of opinion that the granting of such permission should be in the hands of the executive Police. This power was by Ordinance 14 of 1845 vested in the hands of the Chief Magistrate, but practically it devolved upon the Superintendent of Police, because the Chief Magistrate invariably made reference to that Officer. As a fact there are few Religious entertainments, although Religion is often advanced as a plea; firing off crackers, musical parties, &c., are all called "Chin-chin joss," but these bear as much relation to the religion of the Chinese as the institution of "Greenwich Fair" does to the religion of the inhabitants of London. The proper person to judge of the policy of granting or recom- mending such indulgence, or minor invasions of the letter of the law, must be the Officer having the responsibility of preventing disorder and annoyance to the public and ready power of preventing the abuse of the indulgence if granted."
STATIONS.
12. The various Police Stations suffered a great deal from the lowness of the Colonial Funds. The guard house at Hunghom has however been rebuilt and the out houses are a vast improvement from a sanitary point of view to those attached to most of the Stations. Stanley Station, having, through want of money, been for nearly two years unavailable, was in July last handed back to the Police, but the summer rains soon showed the upper floor to be comparatively uninhabitable from leakage. Subsequent defects have been developed, which plainly show that the building of the upper story many years ago was not carried out efficiently, with the probable result that it must be taken down and rebuilt before the building is really habitable. At the Water Police Basin, davits and & flight of steps are still wanting, which want contributes to the deterioration of the boats, and the endangering of the men when embarking. The scarcity of married quarters is greatly felt, and the high rates of rent now charged render it difficult for men to obtain rooms with the allowance granted by Government. The health of the Water Police has improved since the removal of the men from the Hulk to the Station at Kaulung Point, but Whitfield Station has from the number of cases off ever proved very unhealthy to the occupants. The drains are now being thoroughly repaired and the undergrowth around cut away.
If after this no improvement is shown, the cause must be attributable either to the recent carth cutting in connection with the neighbouring fort, or to the rapid silting up of the foreshore. 13. The heavy fall in the value of the dollar, which is now quoted at 3/33, is a matter which must tend to the increase of the cost of the maintenance of the Police Force. The Colony cannot expect to obtain recruits from Great Britain unless, having regard to home salaries, it is prepared to offer the men the equivalent of one hundred pounds sterling a year each. This now means $605.57 whereas the men are paid $480 or $540 a year according as they agree to serve for 10 or 15 years before receiving pensions. It is beyond dispute that the cost of all commodities has considerably increased.
14. I am happy to be able to report that the general conduct of the Force, as witnessed by the diminished amount of fines and punishments inflicted during the year for breaches of descipline, has been very satisfactory; and that I have receive the faithful support of the officers and men in the discharge of their respective duties under circumstances that on more than one occasion might have tended to dishearten them.
I have the honour to be,
The Honourable FREDERICK STEWART, LL.D.,
**
Sir,
Your most obedient Servant,
W. M. DEANE,
Captain Superintendent of Police.
Acting Colonial Secretary,
So..
y
&c.
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