RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-1986
https://digitalrepository.lib.hku.hk/catalog/jq08c7063
HON. LIBRARIAN'S REPORT

FOR THE YEAR 1986-1987

The Society Library has purchased many out-of-print items through Dr. J. Hayes' effort this year. Besides gifts from Dr. Hayes, the Library has received gifts from Mr. David Liu, Mrs. Valerie Garrett, and Mrs. M.L. Winkler. Mr. Walter Greenwood has also donated to the Library his article in manuscript entitled "John Joseph Francis, citizen of Hong Kong: a biographical note". The Council is considering including it in the next issue of our Journal. Nearly all the books in the last two years have been catalogued and shelved in the Kowloon Central Library. An additions list is available from the Hon. Librarian on request.

The Library has donated two items of its duplicates to the Chinese University of Hong Kong Library, and made an offer of permanent loan of McMullen Bills of Lading to the University of Hong Kong Libraries.

Regarding the usage of the Society Library, Mrs. Barbara Luk, the Chief Librarian of the Urban Council Public Libraries wrote: "As at 28.2.87, there were 18 requests for information, 17 of which were from members of the Society. A total of 37 books were consulted during the year." To maximize the use of the Library, Dr. Hayes has sent the Catalogue of the Library to about twenty librarians, with his covering letter giving a brief description of the Library. The Kowloon Central Library is planning to have an exhibition of books from our Collection in the coming September to make the general public more aware of the Library.

The Council is looking into the question of insurance for books in the Society Library.

March 1987

xvi

Peter Yeung

Hon. Librarian
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RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-1986
https://digitalrepository.lib.hku.hk/catalog/jq08c7063
17

JOHN JOSEPH FRANCIS, CITIZEN OF HONG KONG, A BIOGRAPHICAL NOTE

WALTER GREENWOOD

V.H.G. Jarret writing about Francis in the South China Morning Post in the 1930s commented "It seems strange that so well known a man should not be commemorated in any way”. When one considers the number of streets and roads in Hong Kong named after less prominent Government officials and businessmen the force of that comment will, it is hoped, be appreciated by the end of this essay.

Francis was born in Dublin in 1839, the eldest son of William Francis Aylward, an Inspector of Irish National Schools, and

Mr. Walter Greenwood J.P., M.A. (Cantab.), Barrister of Gray's Inn and the North Eastern Circuit, a Permanent Magistrate in Hong Kong

AUTHOR'S ACKNOWLEDGEMENTS:

This essay was hurriedly researched and written in snatched hours and does not claim to be comprehensive, much less to do justice to Francis. I hope it may lead to interest in his life and career and I should be grateful if anyone who finds new information about him would send it to me at 26, Great Bounds Drive, Southborough, Tunbridge Wells, Kent TN4OTR. It is based mainly on skimming through newspapers and dipping into the standard histories of Hong Kong. I have also received generous help from many quarters. First I should like to acknowledge my gratitude to the staff of the Hong Kong Public Records Office for their ever friendly and willing help; my thanks go also to the staff of the Supreme Court Registry and University Library, the Secretaries of the Bar Association, the Law Society, the Jockey Club and the Volunteers, Mrs. Lisa Chee, Chairman of the Board of Directors of the Po Leung Kuk, Fathers Naylor, Pagani and Pittavino (for searching church records), Mr. Michael Clancy (for information about “Stonyhurst”), Mr. Carl Smith (for information about Francis' marriages) and Mr. Colin West (for arranging the cleaning of Francis' tombstone) in Hong Kong; the Parish Priest of All Saints Church, Borella, Colombo; Father Turner of Stonyhurst College; the staff of the Public Records Office, Genealogical Office and Public Registry in Dublin; Mr. Julian Walton of Dublin and Waterford (for supplying me with material about the Aylward family which he also presented to Dr. Ken Smith of South Africa for use in his biography of Alfred Aylward); the Editor of the Irish Ancestor, the staff of the Public Record Office, Royal Artillery Institution, University and Crown Agents in London; Mrs. Theresa Thom, Librarian of Gray's Inn; Mr. Leo D'Almada Q.C. in Portugal; Dr. Walter Mautsch in Germany; Mr. Nigel Osner in London; Pamela and Eric Russ in Bournemouth; my wife (for her patience whilst I practised my drafts on her); and Mrs. Mary Whitticase for her great kindness in typing my manuscript.

Copyright Walter Greenwood 1986.
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RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-1986
https://digitalrepository.lib.hku.hk/catalog/jq08c7063
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the British Colony of Hong Kong. He matriculated at London University in 1875, and in 1876 he passed the Intermediate Examination in Laws obtaining first place of those candidates who achieved second class at honours. Also in 1876 he won the Lee Essay Prize at Gray's Inn, the subject being "The Judicature Act 1873, stating its object and provisions generally and its probable effect on the administration of the law in England”. He was called to the Bar in November 1876. I have no information as to how he otherwise spent his time during 1874-6. The last glimpse of him in England I know of is an entry in Foster's Men at the Bar 2nd ed. 1885 in which his addresses are given as Hong Kong and the Junior Conservative Club.

Francis was admitted to practise at the Hong Kong Bar in March 1877, being the 27th on the Roll and the first barrister of Gray's Inn to be so admitted. His admission was moved by the Attorney General George Phillippo before Smale who was still Chief Justice. Phillippo said that his call certificate had been filed and an affidavit of identity sworn before Mr. Justice Huddleston was before the Court. However Huddleston had not given any indication of his office and the question was raised whether it was in order to receive the affidavit. Phillippo said that Francis was well known in Hong Kong and Smale said that he was prepared to act on his personal knowledge of him. Just to resolve any remaining doubts there might be it was noted that the affidavit was dated from “Judge's Chambers" and that was deemed sufficient. Perhaps Francis heaved a sigh of relief. It would have been somewhat tedious for him to have to return to England to obtain a further and better affidavit of identity. E.J. Eitel in his book Europe in China wrote "the admission to the Bar of Mr. Francis added new zest to the local displays of forensic eloquence”. Shortly after his own admission Francis signed an affidavit in support of the application of Ng Choy the first Chinese to be admitted to practise in Hong Kong. I like to think that it was an indication of his sympathy towards the Chinese.

In 1877 the leading practitioner at the Bar in Hong Kong was T.C. Hayllar who was admitted to practise in 1868 and at first Francis practised in his shadow. Another obstacle to getting work was that at that time the Attorney General was allowed to engage
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RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-1986
https://digitalrepository.lib.hku.hk/catalog/jq08c7063
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specially selected to reorganise and run the Registry (there had been some unhappy experiences in the past), "The worst of it," he wrote, "will be that this appointment of Mr. Ackroyd will constitute a precedent. He will be constantly vibrating between the Bench and the Registrar's Office. Succeeding Registrars will deem themselves entitled to the same chances, and instead of devoting themselves wholly to their work will be constantly on the look-out for acting appointment”. He ended by saying that he had no personal interest in the matter and would decline either office if offered it, and had not the slightest ill-will towards Ackroyd. The Government went ahead and appointed Ackroyd who does not appear to have taken any offence.

It may be convenient at this point, before turning to his life outside the law, to deal with other aspects of his character and situation. If his public statements and actions are a true guide he was a man of faith: faithful to his church and religion, to his native country and fellow countrymen and to his monarch. He was one of the leading Roman Catholic laymen in Hong Kong and regularly attended church services and functions. In 1878 he wrote to the press in defence of Bishop Raimondi who had been attacked in an editorial. The same year, speaking on a public occasion, he said that Roman Catholics did not expect favours but expected not to meet with prejudice and ignorance. He went on "If there has been any difficulty, and there sometimes have been difficulties attending Catholics in Hong Kong, it has arisen, I will not say from any want of goodwill, but a certain amount, I do not like to say of prejudice, but of pre-judgment, a certain feeling of hostility to Catholics almost inevitable in English non-Catholics. At the same time I have spoken to missionaries and they all join in saying that nowhere, under no government, are they so free, are they so well treated, are they so perfectly certain that they will not be interfered with in the legitimate exercise of their office than under Her Majesty's Government”. In 1894 after the death of Bishop Raimondi he described him as a dear friend and said "for the past twenty-five years he has been to me an educator in the path of duty". In 1891 when his re-marriage was announced (he married a German lady in Colombo in December 1890) he was described as Knight of St. Gregory the Great, but I have not been able to trace his appointment. In 1880 speaking at a St. Patrick's Day Soiree he
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due from him for some sharpness with which he might have addressed the men (there was cries of “not at all”). If he had done so it had been with the best intentions. A gentleman from Shanghai who had recently witnessed them at seven pounder gun drill had expressed the opinion that the Shanghai artillerymen could not hold a candle to them. In May the Governor congratulated the Volunteers on their smartness at the Queen's Birthday parade. In November the Daily Press noted “The Volunteers are very fortunate in the officers they have elected to command them, for since the time they were appointed they have shewn an enthusiastic interest in the welfare of the Corps. During the past week Captain Francis has been busily engaged in getting up a field day at Kowloon so as to give the men a good introduction to the new equipment of small arms and mountain guns which were sent out in the Telemachus, with the additional attraction of a knife and fork drill at Mr. Chater's bungalow afterwards”. In June 1884 a volunteer complained to the press of having to drag guns up and down the parade ground for over an hour. However Francis seems to have been absent from the colony at that time. In 1886 and again in 1887 he was acting Commandant but his active participation in the Corps was coming to an end. He was absent from the Annual Meeting and there was a critical letter in the press about that. He tendered his resignation and in 1888 was placed on the retired list as an honorary member with the rank of captain. However that did not end his contributions to the Corps. In December 1892 he was a member of a committee formed to re-establish the Corps on a new basis and in January 1893 he was chairman of a recruiting committee which met at his chambers on Tuesdays and Fridays at 4-5p.m. In 1897 he contributed to prizes for a firing competition. The firing point was on an eminence near Wong Nei Chong Gap and the target at Deepwater Bay. Common and shrapnel shells were used and “some good practice was made”. Francis presented a cup for competition known as the "Francis Cup" but it seems to be no longer in the possession of the Volunteers. And as one of his obituaries noted he "took a keen interest in military matters and was seldom absent from any important parade or display in his uniform". Francis himself said "I would rather any day attend a military parade or march in front of a military band than march in a procession in Westminster Hall headed by the Lord Chancellor and the Lord Chief Justice. If I have one proclivity more than any
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Foreign Community. Self interest as well as sympathy attached him to Hennessy" (reference was then made to his acting judicial appointments and that of A.D.C.). "Mr. Francis is a clever reasoner and skilful logician but he cannot persuade the community that their memories play them false. Either he endorsed the policy of Hennessy or he did not act with independence of mind and judgment. Whichever impeachment he chooses to admit the Justices will reject him". 

Francis wrote in answer to this that he was not in collusion with Hennessy and did not support him on the issue of corporal punishment. “I stood up for fair play for him in the face of a very hostile meeting of my fellow citizens on whose goodwill I was mainly depending for my bread". He said he was at odds with Hennessy over corporal punishment when he sat as a magistrate and was very nearly removed for that. His appointment as Puisne Judge was on the recommendation of the Chief Justice. His acceptance of the appointment of A.D.C. was purely personal, Hennessy being in difficulties with the military authorities, and it was the temporary filling of a gap. “Although Hennessy honoured me with some degree of his friendship and patronage and I sympathised and fought for him in some things I never hesitated publicly to dissent from his policy when I was not in accord with it". 

When the Justices met Francis was proposed by P. Ryrie who said "the meetings of the Council will be made very much more interesting by his presence". In the event Chater was elected by 35 votes to 15 and afterwards said of Francis "I admire his abilities. His fluency in addressing meetings is undoubted”. The Daily Press had the last word saying that the majority in favour of Chater was even larger than expected. In 1887 Francis seconded A.P. MacEwan as the member for the Chamber of Commerce. In January 1888 Chater was again elected as the Justices member, Francis being out of Hong Kong at the time. In May 1888 Ryrie proposed Francis as the Chamber of Commerce member saying that the unofficial members felt the need for someone who could advise them on legal points of order. However B. Layton, a merchant, won the contest by 20 votes to 16. The Daily Press in an editorial said that Francis was a man of wide experience outside
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RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-1986
https://digitalrepository.lib.hku.hk/catalog/jq08c7063
38

WALTER GREENWOOD

The members elected in 1899 resigned in April 1901 on the ground that the Board could do nothing effective until it received adequate and independent powers, a view that Francis always held. Hong Kong had to wait until 1936 and the creation of the Urban Council for any further advance toward democratic local government.

The passing of the plague was followed not only by a post-mortem but also by a consideration of who should be rewarded, and how, for services rendered during the plague. The two outstanding candidates were F.H. May, the Captain Superintendent of Police, who served on the Permanent Committee, and Francis. In September 1894 at a public meeting a committee was appointed, with Edward Ackroyd as chairman, to decide on awards to be made on behalf of the community. In December Ackroyd wrote to the Governor "The Committee consider that to Mr. Francis their best thanks are due for all his exertions and the time he devoted to the wants of the Colony for so many weeks. As Chairman of the Permanent Committee Mr. Francis had a heavy, troublesome and laborious task to perform, and throughout the duration of the epidemic he was unremitting in his devotion to his duties and gave up a great portion of his time, no doubt to the detriment of his extensive practice, to carry on the work he had voluntarily undertaken. Your Excellency is too well acquainted with his services for any need of further mention. Our Committee decided that his actions are deserving of the fullest recognition, that the best thanks of the community, with a good medal, should be tendered to him, and that his valuable services and useful work should be brought, through Your Excellency, to the special notice of the Secretary of State". Meanwhile the Government was considering what recommendations it should make. It was chiefly concerned with officials but also considered non-officials including Francis. In September the Governor in writing to the Secretary of State expressed the hope that the latter had not failed to notice the untiring and energetic effects on behalf of the public weal of the medical staff and of Francis. However he seems to have been lukewarm to the suggestion, apparently favoured by May, that Francis should have the C.M.G. saying that he had no objection but "it was easily earned". He appears to have suggested that silver inkstands be given to the Colonial Surgeon and Francis but to no
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RASHKB Journal 皇家亞洲學會香港分會學刊 | RAS-1986
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His letter received wide publicity. The Daily Press wrote "The community will sympathise with Mr. Francis in the treatment to which he has been subjected. It was generally understood that he would at least be made a C.M.G., and to ask him to accept a paltry inkstand while conferring a C.M.G. on Mr. F.H. May can only be construed as a marked intentional insult. The explanation is perhaps not far to seek. In the first place Mr. Francis is not an official and in Crown Colonies the Government is very chary of conferring honours outside the charmed circle; and in the second place he has on certain points deemed it his duty to oppose the Government sometimes with what may have been considered unnecessary warmth. Whoever is at fault the omission of his name is a disappointment to the whole Colony”. In a letter signed Honoris Causa (anonymous letters have always been a feature in Hong Kong) a correspondent wrote “In common, I fancy, with most of the Hong Kong community I thoroughly agree with the letter of Mr. Francis to the Governor except that knowing some of the men the honour of C.M.G. is bestowed on I must congratulate him in not having been created a Colonial Made Gentleman”. The expectation that Francis would be honoured was not confined to Hong Kong. The Straits Times wrote "The great public services of Mr. Francis would entirely warrant a C.M.G.” Indeed it was believed at first in Singapore that he had got one because the official telegram reporting the award to May read "Francis May Hong Kong Companion Michael”. However there was reaction the other way. A piece in the Straits Times said “Mr. Francis has succeeded in making what is almost a record in bad taste. The provocation was no doubt great but it was inexcusable for him to publish his letter to the Governor. He had no right to an honour, he only did his duty. The habit of living in small societies tends to throw men off their balance. Mr. Francis lacks self-restraint, dignity and a saving sense of humour. He has taken himself so seriously that no-one else can do ought but smile". The Japan Mail wrote "There is one thing that no man has ever succeeded in achieving with grace; it is a return of a gift on the ground of its inadequacy. Mr. Francis has made the essay and has accomplished it after a fashion not certainly wanting in ability but altogether wanting in grace. We may infer from the Governor's extolling the beauties of the gift that he had doubts of its suitability for Mr. Francis' most substantial and praiseworthy services. It is impossible not to sympathise
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