Old Hong Kong-5 — Page 238

Old Hong Kong 昔日香港 All AI Reviewed

237

COOLIE TRAFFIC (1)

There are many chapters in Hongkong's brief history which reflect little glory on its Administration. Many Governors unfortunately have been pleased to take the line of least resistance in handling delicate problems and have succumbed to the pressure of influence and wealth.

Hongkong played an inglorious part in the Coolie Trade with Peru and Cuba. Certainly, it did not participate so much in the traffic as did Macao, but its record is tainted, nevertheless.

Coolie emigration was conducted chiefly in Macao, because the crimping and kidnapping system connected with it would not be tolerated in Hongkong, but this Colony benefited by it to some extent.

It is stated that the reason why British skippers finally eschewed the trade was that mutinies became a regular occurrence and the danger attendant on these voyages was not worth the money likely to be made.

In May, 1867, it became known in Hongkong, that a number of Cochin-China junks, conveying tribute to Annam, had been captured by Chinese pirates who sold the tribute bearers, their escort and junk crews to Macao coolie barracoons. Thanks to the intervention of Sir Richard MacDonnell, these people were liberated by the Portuguese Governor and the Hongkong community readily subscribed the funds required to send the unfortunate captives back to their native country.

It is interesting now to give a few particulars of the case of Kwok Ah-sing who was tried without a jury before the Chief of Justice Smale in 1871. In this case, which has often been quoted in Hongkong Courts, the Chief of Justice decided that Kwok who had been kidnapped in China and was being taken to Peru had a distinct legal right to regain his liberty even by killing the officers on board the kidnapping ship. He held that the French vessel, the Nouvelle Penelope, in which the coolie had committed the acts complained of, was in law a pirate ship, and therefore ordered Kwok Ah-sing, though distinctly guilty, to be discharged and set at liberty.

If that decision could only have been made known, it would have done more to check the trade than any amount of despatches or remonstrances. It followed that if Kwok Ah-sing was guilty, all who took part in confining him could have been hanged as pirates in the first Consular Court that could seize them, and the coolies would only have to rise, bind the pirates, and sail with them to the nearest point and there deliver them up to justice. But unfortunately for the above arguments, Kwok Ah-sing was never actually tried for piracy and murder, the whole of the proceedings under Habeas Corpus being with reference to whether he should be given up first to the Chinese or to the French authorities to be tried and secondly whether he could be tried in Hongkong for piracy juris gentium.

The Chief Justice took upon himself virtually to try Kwok Ah-sing without a jury and to discharge him on a ground dependent upon facts which in an English Court only a jury could decide though the whole question before him was what tribunal Kwok Ah-sing ought to be tried by. Kwok Ah-sing thus, thanks to Chief Justice Smale, slipped between two jurisdictions. The Home

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237 COOLIE TRAFFIC (1) There are many chapters in Hongkong's brief history which reflect little glory on its Administration. Many Governors unfortunately have been pleased to take the line of least resistance in handling delicate problems and have succumbed to the pressure of influence and wealth. Hongkong played an inglorious part in the Coolie Trade with Peru and Cuba. Certainly, it did not participate so much in the traffic as did Macao, but its record is tainted, nevertheless. Coolie emigration was conducted chiefly in Macao, because the crimping and kidnapping system connected with it would not be tolerated in Hongkong, but this Colony benefited by it to some extent. It is stated that the reason why British skippers finally eschewed the trade was that mutinies became a regular occurrence and the danger attendant on these voyages was not worth the money likely to be made. In May, 1867, it became known in Hongkong, that a number of Cochin-China junks, conveying tribute to Annam, had been captured by Chinese pirates who sold the tribute bearers, their escort and junk crews to Macao coolie barracoons. Thanks to the intervention of Sir Richard MacDonnell, these people were liberated by the Portuguese Governor and the Hongkong community readily subscribed the funds required to send the unfortunate captives back to their native country. It is interesting now to give a few particulars of the case of Kwok Ah-sing who was tried without a jury before the Chief of Justice Smale in 1871. In this case, which has often been quoted in Hongkong Courts, the Chief of Justice decided that Kwok who had been kidnapped in China and was being taken to Peru had a distinct legal right to regain his liberty even by killing the officers on board the kidnapping ship. He held that the French vessel, the Nouvelle Penelope, in which the coolie had committed the acts complained of, was in law a pirate ship, and therefore ordered Kwok Ah-sing, though distinctly guilty, to be discharged and set at liberty. If that decision could only have been made known, it would have done more to check the trade than any amount of despatches or remonstrances. It followed that if Kwok Ah-sing was guilty, all who took part in confining him could have been hanged as pirates in the first Consular Court that could seize them, and the coolies would only have to rise, bind the pirates, and sail with them to the nearest point and there deliver them up to justice. But unfortunately for the above arguments, Kwok Ah-sing was never actually tried for piracy and murder, the whole of the proceedings under Habeas Corpus being with reference to whether he should be given up first to the Chinese or to the French authorities to be tried and secondly whether he could be tried in Hongkong for piracy juris gentium. The Chief Justice took upon himself virtually to try Kwok Ah-sing without a jury and to discharge him on a ground dependent upon facts which in an English Court only a jury could decide though the whole question before him was what tribunal Kwok Ah-sing ought to be tried by. Kwok Ah-sing thus, thanks to Chief Justice Smale, slipped between two jurisdictions. The Home

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237 COOLIE TRAFFIC (1 There are many chapters in Hongkong 's brief history which reflect little glory on its Administration. Many Governors unfortunately have been pleased to take the line of least resis- tance in handling delicate problems and have succumbed to the pressure of influence and valth. Hongkong played an inglorious part in the Coolie Trade with Peru and Guba. Certainly, it did not participate so much in the traffic as did Macao, but its record ia tainted, never- theless. Coolie emigration was condutted fhiefly in Macao, because the crimping and kidnapping system connected with it would not be tolerated in Hongkong, but this Colony benefitted by it to some extent. It is stated that the reason why British shkippers finally schewed the trace was tha mutinies became a regular occurence nd the danger attendant on these voyages was not worth the money likely to be made. In May, 1867, it became known in Hongkong, that a num-ber of Cochin-China junks, conveying tribute to Annam, had been captured by Chinese pirates who sold the tribute bearers, their escort and junk crews to Macao coolie baracoons. Thanks to the intervention of Sir Richard MacDonnell, these people were libera- ted by the Portuguese Governor and the Hongkong community readily. suscribed the funds required to send the unfortunate capi ves back to their native country, It is interesting now to give a few particulars of the ase of Kwok Ah-sing who was tried without a jury before the hief of Justice Smale in 1871, In this case, which has often sen quoted in Hongkong Courts, the Chief of Justice decided that Awok who had been kidnapped in China and was being taken to Peru had a distinct legal right to regain his liberty even by killing › the officers on board the kidnapping ship. He held that the French vessel, the Nouvelle Penelope, in which the coolie had committed the acts complained of, was in law a pirate ship, and therefore 'ordered Kwok Ah-sing, though distinctly guilty, to be discharged and setat liberty. I If that decision could only have been made known, it would _ve done more to check the trade than any amount of despatches or it followed that if Kwok Ah-sing was guilty, all who took urt in confining him could have been hanged as pirates in the Arst Consular Court that could seize them, and the coolies would only have to rise, bind the pirates, and sail with them to the nearest point and there deliver them up to justice. But unfortu- nately for the above arguments, Kwok Ah-sing was never actually ried forpiracy and murder, the whole of the proceedings under beas Corpus being with reference to whether he should be given up first to the Chinese or to the French authorities to be tried and secondly whether he could be tried in Hongkong for piracy are gentium. The Chief Justice took upon himself virtually o try Kwok Ah-sing without a jury and to discharge him on a ground dependent upon facts which in an English Court only a jury. could decide though the whole question before him was what tribu- nal Kwok Ah-sing ought to be tried by, Kwok Ah-sing thus thanks to Chief Justice Smale slipped between two jurisdictions. The Home

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237

COOLIE TRAFFIC (1

There are many chapters in Hongkong 's brief history which reflect little glory on its Administration. Many Governors unfortunately have been pleased to take the line of least resis- tance in handling delicate problems and have succumbed to the pressure of influence and valth.

Hongkong played an inglorious part in the Coolie Trade with Peru and Guba. Certainly, it did not participate so much in the traffic as did Macao, but its record ia tainted, never- theless.

Coolie emigration was condutted fhiefly in Macao, because the crimping and kidnapping system connected with it would not be tolerated in Hongkong, but this Colony benefitted by it to some

extent.

It is stated that the reason why British shkippers finally schewed the trace was tha mutinies became a regular occurence nd the danger attendant on these voyages was not worth the money likely to be made.

In May, 1867, it became known in Hongkong, that a num-ber of Cochin-China junks, conveying tribute to Annam, had been captured by Chinese pirates who sold the tribute bearers, their escort and junk crews to Macao coolie baracoons. Thanks to the intervention of Sir Richard MacDonnell, these people were libera- ted by the Portuguese Governor and the Hongkong community readily. suscribed the funds required to send the unfortunate capi ves back to their native country,

It is interesting now to give a few particulars of the ase of Kwok Ah-sing who was tried without a jury before the hief of Justice Smale in 1871, In this case, which has often sen quoted in Hongkong Courts, the Chief of Justice decided that Awok who had been kidnapped in China and was being taken to Peru had a distinct legal right to regain his liberty even by killing › the officers on board the kidnapping ship. He held that the French vessel, the Nouvelle Penelope, in which the coolie had committed the acts complained of, was in law a pirate ship, and therefore 'ordered Kwok Ah-sing, though distinctly guilty, to be discharged and setat liberty.

If that decision could only have been made known, it would _ve done more to check the trade than any amount of despatches or it followed that if Kwok Ah-sing was guilty, all who took urt in confining him could have been hanged as pirates in the Arst Consular Court that could seize them, and the coolies would only have to rise, bind the pirates, and sail with them to the nearest point and there deliver them up to justice. But unfortu- nately for the above arguments, Kwok Ah-sing was never actually ried forpiracy and murder, the whole of the proceedings under

beas Corpus being with reference to whether he should be given up first to the Chinese or to the French authorities to be tried and secondly whether he could be tried in Hongkong for piracy are gentium. The Chief Justice took upon himself virtually o try Kwok Ah-sing without a jury and to discharge him on a ground dependent upon facts which in an English Court only a jury. could decide though the whole question before him was what tribu- nal Kwok Ah-sing ought to be tried by, Kwok Ah-sing thus thanks to Chief Justice Smale slipped between two jurisdictions. The Home

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