July 4, 1895.]
Mr. Robinson-No, no; in Honan, China. The Acting Chief Justice-I will read you the document, which is admitted to be the docu- ment under which the girl was purchased.
11
nature. She is not a malformed girl, she 18 free from leprosy, and has not suffered from fits, and if she is found to be suffering from any of these diseases the vendor is willing to return all the money to the purchaser. Should any death or accidents befall her esch party will abide by the will of Heaven, hould any question arise in future as to where the girl was got from that will be the business of the vendor and the go-between to settle such question. Last words of mouth should not be evidence; this deed for the absolute sale of the girl for the purposes of prostitution is made to be handed over and kept as proof. The Tang family received $270 in fall at 71 the dollar as purchase money for the girl sold for owing." Then appears the finger mark of the first the purpose of prostitution. Nothing is left party, Li Shi, and of the second party, A Nui, prostitute, and also the finger mark of Chan Chew. The date and other band writing follow. This document, continued his Lordship, simplities the matter. The girl was bought by the defen- dant in China under a form which was suitable for the purpose of prostitution.
CHINA OVERLAND TRADE REPORT. the insect corpses without impoverishing the herself and Inspector Staunton, and for the light. Outside, the grounds presented a defence a witness was called to prove the res charming and fairy-like appearance, the lawns pectability of the defendant. The ques- and lakes being festooned with literally my tions involved, counsel submitted, was whether riads of coloured lanterns, while the Town the mere possession of a document setting band discoursed a choice selection of pieces from forth the sale of the girl with powers to re-sell an illuminated tent near the marble terrace, as a prostitute such document having been which the guests unanimously favoured at the made in China-was evidence of intention to sell plose of the dinner. As the first occasion of the | the girl within the colony. kind the dinner was certainly a notable one and The Acting Chief Justice-The matter is worthy of being recorded, and it is to be hoped reduced within a very small compass, because I many more entertainments of the kind may be see in the depositions there is an admission on given, and lead to a better understanding and your part that the woman had purchased the girl ¿mutual appreciation between the Chinese offi- according to the terms of the document, which cials and foreigners, The Taotai is to be con- said she was purchased for the purpose of pros gratulated on the great success of the enter titution in Hongkong. fainment, which he spared neither trouble nor expense to make thoroughly enjoyable, being kindly assisted in the arrangements by one or two foreign friends. During the diner one or two short speeches were made, Mr. Stuebel as senior Consal proposing the Taotai's health in
· few well chosen sentences, which showed how
· "gront a value the guests attached to the Taotai's hospitality, the toast being heartily drank with “He's a jolly good fellow and three cheers.
Mr. Robinson-Ño, my lord. The Taotai responded briefly and genially, the
The Acting Chief Justice-She is described usual tonats following in das course. After
as a prostitute; read the-last sentence-
the dinner display of fireworks took place. the
Tang family received $270 for the girl sold for guests dispersing shortly after midnight. The The Acting Chief Justice-This is the docu- prostitution." WIERU WAS ASFranged to comprise Chinese and ment" The makers of this deed for the ab- Mr. Robinson-There is nothing to show that › foreign dishes alternately and was both liberal solute sale of a girl for the purpose of pros-this girl is not a virgin, and she can hardly be and choice. From the following lists of guests it titution are the Tang family, who had a described as a prostitute if she is a virgin. will be seen that the banquet was thoroughly re- girl for prostitution surnamed.
and The Acting Chief Justice-We have no evi. presentative, the following professions and bran-named A Mui, aged 16. She was born at the dence as whether she is a virgin or not. That shes of trade being represented-lawyers, doctors Nai Watch on the 6th day of the 10th moon possibly might make her all the more valuable. architects, merchants, bankers, shipping com- Kang Shon year. They wished to sell her to The deed said she might be taught those things panies, dock companies, insurance companies, tele anyone, no matter whether he lived near them or which might make her attractive as a prostitute, graph companies, I. M. Customs, Municipal at a distance, or whether he lived on land or and it is quite clear to my mind that she Councils.
afloat. The price demanded was $270. Through was bought under that deed, and a large GUESTS.
go-between Li Shi, the girl was taken to
price-$270-given for her, and rights were who examined her and found her all right, and conferred upon the purchaser to use her as prostitute. Now it is admitted by you that
Baron Von Siebold. M. and Madame Frere.
M, G. Dubail,
Dr. O. Stuebel..
Mr. and Mrs. Emil Reh-
ders.
. lot.
son.
Mr. Robinson The possession of that doen. ment is not evidence of any intent to act under it.
The Acting Chief Justice-I will read the document.
Mr. Robinson-The document confers the power to re-sell and bring up the girl as a pros fitute; that is all. The words can add nothing more than that
M. and Mrs. Carl Book. M. and Madame F. Hince. agreed to pay the amount demanded, viz., $270. at the rate of .71 the dollar. Matters were ex- Mr. and Mrs. G. Galles.plained in the presence of three parties, and Mr. and Mrs. W. S. Jack. the two parties mutually agreed to the bargain.. A deed was drawn up for the transaction this day in the presence of the go-between, and both the girl and the deed and the full price were handed over and all matters concluded. This prostitute has never been betrothed to any family.
Mr. and Mrs. G. Jamieson. Mr. and Mrs. T. L. Ballook. M. and Madame Riva. Mr. and Mrs. Korff. M. and Madame Bottu. Mr. and Mrs. H..de Miarte. Mr. and Mrs. J. R. Jer-
nigan.
Mr. and Mrs. A. C. Hip.
pisley.
Mr. H. Kopsch. Mr. and Mrs. A. P.
MacEwen.
Mr. and Mrs. J. C. Bois. M. and Madame O. Bru-
nat.
Mr. P. Arnhold. ·
Mr. and Mrs. J. L. Scott. Mr. J. Orion.
Mr. H. M. Bevis.
Mr. and Mrs. C. A. Hewett Mr. and Mrs. W. V. Drum-
mond.
Mr. J. P. McEuen. Dr. Henderson. Mr. and Mrs. G. J. Mor..
rison.
Ben,
a
she was brought by this purchaser into the colony, and the section of the Act says that any person who brings into the colony for the purpose of prostitution, any girl knowing that such girl has been sold," &c.
Mr. Robinson-All that is admitted except "for the purposes of prostitution.”
The Acting Chief Justice-We bave to use our common sense to see why a person is brought under that form of deed, which differs from the ordinary purchase deed.
Mr. Robinson-I must point out that this Mr. and Mrs. J. Henning- reading was not put in evidence at the Magis-
tracy.
Mr. Robinson-This is an appeal to the intel. The Acting Chief Justice-This is a transla-ligence and common sense of the Court to draw a tion of the original.
distinction, and not to work an injustice by apply. Mr. Robinson-The word translated "pros-ing a rule unless the general circumstances of titute” is translated "girl" in my copy.
the cases are considered. Ordinarily anybody read- The Acting Chief Justice-I have a copying a document of that kind would jump sbso- here by the Court interpreter, and it is from the original.
Tsui Taotai. Marquis Tsong. Sung Chi Tang. Cheng King Chi. Wookeemay. Liu Tsi Tseng, Hwang Chen Hsien. Cheng Han on. Lo Cheng Yeo.
SUPREME COURT.
27th June.
IN APPELLATE JURISDICTION.
BEFORE THE FULL COURT-THE HON. W. MEIGH GOODMAN (ACTING CHIEF JUSTICE) AND MR. T. SER- COMBE SMITH (ACTING PUISNE JUDGE.)
LING SUI V. Inspector Staunton. This was an appeal by Ling Sui against the finding of the Magistrate in a case in which Inspector Staunton prosecuted,
Mr. Robinson appeared for the appellant, and the Acting Attorney-General (Hon. A. G. Wise) represented the respondent.
Mr. Robinson-My copy was the one that was given in evidence at the Magistracy.
The Acting Attorney-General-I think that is so, my lord. Your translation you have was made in this Court, and I have no copy of the other one. Mr Robinson has the translation given by the Court interpreter.
The Acting Chief Justice-I will take the other translatiou if you think proper. This translation put in my hands was made by the Court interpreter.
Mr. Robinson-This was made by the Police Court interpreter.
The Acting Chief Justice-I have no objec- tion to reading what was read at the Magistracy. So far it does not materially differ except in regard to that one word.
lutely illogically to the conclusion that the girl was sold for the purpose of prostitution. Að a matter of simple logic, my lord, does the power conferred to do a thing imply the inten. tion of the donee of that power to do it
The Acting Chief Justice-No, bat it is quite common sense that the person who purchased the girl with those expressed powers intended to make use of those powers.
Mr. Robinson said the custom contained in the document was absolutely legal in China. If there were any such intention to use the power, un- less that power were used in Hongkong, there would be no illegality, because the person would have the right to sell the girl in China, and she would be guilty of no offence whatever if she used that power. But here she would be guilty.
The Acting Chief Justice-If you pay a long price to get that power, is it not a fair and logical conclusion that you intend to use that
Mr. Robinson-That is not so, my lord. The Acting Chief Justice-I intend reading from your copy. Instead of the word "pros-power?
I will read the word “ 'girl."
titute
Mr. Robinson said the charge against the ap- His Lordship then proceeded- This girl is pellant was brought under Ordinance 11 of 1890, not yet engaged to be married. Whenever the section 7, which ran as follows-"Any person sale is complete the girl is to go away for ever. who brings, leads, takes, decoys, or entices into No enquiries will ever be made after her nor the colony for the purpose of prostitution any will any one come to see her or visit her. woman or girl knowing that such woman or girl The purchaser has a right to have the girl has been sold. pledged, let out to hire, or pur-taught to play music and taught singing in chased, shall be guilty of a misdemeanour, and on order that she might be put on the river as a conviction thereof shall be liable to the punish-prostitute, and she will dress herself up to ment hereinafter provided:"So far as the facts receive visitors as her calling and to thus in the depositions went the charge was practi-spend her life There shall he nothing said oally this that the woman brought into the to the contrary. The sale was an open sale colony for the purpose of prostitution a girl, and the purchase was an open purchase; knowing that the girl had been sold. At the there was no implication in any kidnapping nor Police Conet the only witnesses called to was there any compulsory act. It was neither give evidence upon the charge were th girl | a set off against debts nor a matter of the like i
$
Mr. Robinson denied that. Where was the proof that a long price had been paid? But assuming that the price was a big one, it did not use the powers. She might have been actuated necessarily follow that the purchaser intended to by pure acts of benevoleno.. It was well known in China that persons rescued girls by buying them at an auction, and employed them as maid
servants.
forms of conveyance, and under one of them the The Acting Chief Justice said there were two purchaser got absolute rights over the girl, and the rights of turning her into a prostitute.
Mr. Robinson submitted that if this were a these rights would be exceptional; but the sale sale by a father or mother the conferring of was by a stranger. The girl had no father or
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