683461-1880-Domestic-Servitude-in-Hongkong- — Page 14

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THE HONGKONG GOVERNMENT GAZETTE, 4тn FEBRUARY, 1880.

MINUTE BY HIS EXCELLENCY THE GOVERNOR.

I shall have much pleasure in submitting the details of the proposed association for the considera tion of Sir MICHAEL HICKS-BEach.

I have recently expressed to Mr. FuNG MING SHAN and the other Chinese gentlemen who nearly twelve months ago brought this important matter to my notice, my best thanks for their valuable co operation in checking kidnapping and the disgraceful traffic in human beings.

J. POPE HENNESSY.' 7th October, 1879.

(C.S.O. 1606 of 1879.)

FROM THE CHIEF JUSTICE TO THE COLÒNIAL SECRETARY.

THE SUPREME Court, HongkonG,

May 30th, 1879.

Sm,-I have the honour to acquaint His Excellency the Governor that I yesterday sentenced Loo A-sú and CH'An A-f, two poor women, for detaining a male child L1 A-ru aged 13 years, against the provisions of Ordinance No. 4 of 1865, paragraph 50 and 51, to imprisonment with hard labour for 18 months each.

On the evidence it appeared that they sold the child to Lau Pak-cheong, a druggist at Yau-má- ti, for $175 and the child stayed with him as his servant for over twenty days when his relatives came from Canton and claimed him, but the druggist insisted on his right to possession of the boy producing a Bill of Sale and the boy was not given up till the parties appeared in the Police Court.

I.am satisfied from the evidence that the great criminal was Lau Pak-Cheong, and that it is an opprobrium to the administration of Justice to punish these poor women as I have done, and allow LAU PAK-CHEONG to escape. I therefore ask His Excellency to direct that proceedings be forthwith taken against LAU PAK-CHEONG and that the case be conducted at the Magistracy by the Crown Soli- citor, so that Lau Pak-Cheong may be committed for trial before the Supreme Court under the above named Ordinance.

2. I have also to inform His Excellency that on the Special Criminal Sessions on the 6th May instant, a woman Mak Lo1-1f convicted of stealing a female child. No A-so of the age of 9 years by force under Ordinance No. 4 of 1865, paragraph 51, to two years' imprisonment with hard labour.

This poor woman was merely a middle woman and received a small sum, but it came ont in evidence that LEUNG A-LUK had bought the child for $53, and was actually confining her in a room when the child was discovered. She was the great criminal. It is an opprobrium to Justice to punish this poor woman Mak Lo1-11f and to allow LFUNG A-LUK to go unpunished.

I therefore ask His Excellency to direct that proceedings be forthwith taken against Leung A-lus and that the case be conducted at the Magistracy by the Crown Solicitor, so that LEUNG A-LUK may be committed for trial before the Supreme Court on the above nained Ordinance,

3. I am aware that according to precedents here and at home it is within the province of the pre- siding Judge to direct prosecutions such as these to be instituted, but I think it more convenient to ask His Excellency as the head of the Executive (whose province it especially is to originate Criminal proceedings) to direct prosecution.

4. To let these two chief offenders go unprosecuted and to punish such poor miserable creatures. exposes the Court to the contempt of the community and tends to destroy all respect for the adminis tration of Justice in the Chinese community.

It is no objection to proceeding against these two persons that they were witnesses examined on the two trials.

According to law the evidence given by each on the former trials might be read against him or her; but I advise this not to be done (see 3 Rus. on C. and M. p.p. 411 and 412, 4 El. 1865.)

That the proceedings sought are right and proper and necessary, I take on myself the responsibi lity of emphatically asserting, any trial should be before Mr. Justice FRANCIS.

Herewith are the information and depositions before the Magistrate in each case which be pleasolj to return to me, they being records of this Court.

I have the honour to be,

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Sir,

Your most obedient Servant,

(Signed,)

JOHN SMALE, Chief Justice.

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