12
THE DONGKONG WEEKLY PRESS AND
[July 4, 1805,
mother, and she said she had been well treated The Acting Chief Justi:e-I cannot help decision of the Acting Puisue Judge, whó gate by her former master. She was informed at the that. She did not give any evidence as to her a verdict for the plaintiffs. time of the purchase that she was bought to be intentions at all, and confined herself to the Mr. Francis, who was instructed by Mr the adopted daughter, in other words, a maid statements made by her counsel that she Gedge, said the action was one in which plair- servant of the defendant. Counsel then criticised intended to have this girl as an amaḥ for her tiffs sued the defendant for $240, the price of "the action of the police and said that the evi- ohild, and she intended to marry her to some marine boiler, sold and delivered. The doʻmall - dence had been flimsily and improperly got body when she was 20 years of age. As to that ant denied contracting with the plaintiffs for up. Inspector Staunton, instead of deput statement there is no evidence. We have it in the boiler; he did not enter into an agrodnient, ing a detective to watch the house, had evidence that there are two kinds of purchase verbal or otherwise, for the purchase of the entered it without a warrant or authority deeds. One kind relates to a purchase of domes boiler. Defendant denied that he did hony- from the Magistrate, and had obtained the tie servants in China, and the evidence of the thing by which he could be bound, mit doonment from the woman and the evidence defendant's own witness who was called as to as principal or as agent. The fasts of of the girl. If the woman had not been im- character was that he had bought | girls for onse were that Sonor Lechaudh, of› Man
in answer to properly questioned by the Inspector there was domestic service, and
the wrote to the plaintiffs at the end of 488 nothing in the docement to show the slightest Court he said, "In my contracts I have not respecting the price of a boiler, the dimension connection between it and the girl. The only had it said that they were to be used as of which were given. The defendantu waki evidence against the woman was that she was in prostitates, but there is a provision that if and eventually Lochando wrote to Bass and rol possession of this document giving her power to they turn ont good I can sell them again." him to get the boiler for him, and also to get- sell the girl as a prostitute. In order to convict Now we have it in evidence that there is an-reduction in the pries, if possible. Basi the woman it must be proved that she brought|other form which enables the purchaser to bay a the plaintiffs and he was told that they comkl the girl into the colony for the purpose of prostitute, but a larger price has to be paid for a not agree to a reduction, but offered him 20 par prostitution. The police had not pro-prostitute than for a girl who is simply for domescent. commission on the transaction. There- duced one tittle of evidence of intent out-tic service. Well, then, we come to look at the upon Basa gave instructions for the boiler to side the document. They had treated it as con- document itself. There are one or two passages in olusive evidence by a vulgar error of judgment. There was no evidence that anyone went to look at the girl, and nothing to show that the girl was anything more than a domestic servant to look after defendant's little boy.
Counsel assumed the Court was aware of the domestic austoms of the Chinese, When this colony was taken over the domestic customs of the Chinese would be, it was stated, protected so far as was consistent with English law.
There was nothing in the laws of the colony to forbid this species of domestic servant. The only thing was that if any servant chose at any time not to be a servant the master or mis- tress had no power to deny her that right.
The Acting Chief Justice-I think it is pretty well known that wherever the British flag flies there are no slaves-customs or no customs.
Mr. Robinson again drew attention to the as- tion of Inspector Staunton
The Acting Chief Justice said the Inspector had a perfect right to do what he had done. If he had a warrant he could not ask questions, but in making inquiries about suspicious cases he could ask what questions he liked.
The Acting Chief Justico-I do not think I need call upon you, Mr. Attorney-General.
be made and shipped. The boiler was seat, but Deobando refused to take it. The defendant's contention was that what he did was ou behalt of Lechando, and that, as there was no edhtriet between Basa and the plaintiffs, Basa could not be made liable.
The Acting Chief Justice-Was there not a conflict of evidence as to whether the forma were modified in reference to the sins of time boiler?
Mr. Francis said there was an alteration dimensions as sent by Lechando,
The Acting Chief Justice-Basa. said accept that boiler."
Mr. Francis-He said that on behalf of Le- chando.
The Acting Chief Justice.-It cannot be contended that Lechando gave an order for a boiler of these dimensions.
한
Mr. Francis-That is another point alto- gether.
the bill of sale which make it very clear what the purposes of the buyer and what the purposes of the seller were. To begin with. In the form used before the Magistrate the seller wished to sell this girl, no matter to whom, whether far or near, whether on land or water, at the price of
The Acting Chief Justice pointed out tha $270, and the go-between is Li Shi. Then the plaintiffs wrote to Lechando stating they further down in the bill of sale it says would require half the money down with the the purchaser has the right to have the order and half on delivery. The plaintiffs "did girl taught singing in order that she might be not persist in this demand, but was it not likely put on the river to be a prostitute; that is, to they would have persisted if they had not thought receive visitors. Should any mishap befall the that Basa, who had had transactions with them girl each party would have to submit to the will before, would hold himself liable for the amount? of Heaven; and it winds up by saying that hear. Mr. Franois said it was not a question of ing words of mouth may be no proof. This bill of | sale is made out as proof that Tang chang re-trusting; it was a question whether there was a -
contract made. The defendant simply com- ceived $270. Now it being in evidence that this! form for the purchase of a girl gives the purchaser and Lechando; he was the mere m dium of com- pleted, as agent, the contract between plaintiffs the full rights to bring up a person for pros.munication. What was in Mr. Fenwick's mind titution, and it is a more expensive form of purchasing than the purchasing for domestic had nothing to do with the question. purposes, it is a perfectly logical conclusion and deduction that the Chinese woman did not adopt the more expensive form in obtaining prostitu- tion rights unless she intended to use those Mr. Robinson, continuing, said it was almost rights. It is therefore a question of intention. a universal practice in China to purchase girls If the bill found with the woman had been a bill for the purpose of domestic service, and amongst for domestic service the woman's intention that respectable people it was the recoguised duty of the girl was to be used as an amab would have the master or mistress to marry the girls off if been in the document. Therefore we have no- they behaved properly. The girl showed nothing to contradict the strong supposition that |
The Ma unwillingness to be with the defendant, against is conveyed by the document itself. whom nothing could be proved. Counsel sub-gistrate, hving investigated the case carefully, mitted that the circumstances were compatible came to the conclusion that to his satisfaction the with innocence, and he asked his Lordship to intent to use the girl for prostitution was made quash the conviction.
out. It appears to have been made out from the terms of the deed, and the fact that this was a deed for the sale of this particular girl. The question for the Court is, was the Magistrate wrong? I am not prepared to say that he was wrong. It will be a very risky thing indeed for women to be found in possession of girls, being in possession at the same time of the purchase deed expressly stipalating that the woman was able to bring up the girl as a prostitute. There would be a strong presumption in such a case that the woman intended to avail herself of the rights for which she had paid. It has been The Acting Chief Justice said there was no stated by Mr. Robinson that the sale of the girl ground whatever for complaint against the police, for a prostitute in this form is a very usual The Acting Chief Justice-I am quite pre- transaction in China, and a perfectly legal pared to give judgment at once. By section 7 one. I can only say that we have no evi- I say of Ordinance 11 of 1890 it is provided that any dence of an expert in Chinese law. person who brings into the colony for the nothing about the legality or otherwise of purpose of prostitution any girl, knowing that the transaction in China, I can only say that girl has been sold, becomes guilty of misde- that I regard it as extremely bad; it is meanour. In the present case it is proved and not very vicious and immoral and contrary to the denied-in point of fact it has been admitted good of any people And I do say that as soon and not in any way contradicted that this girl was brought into the colony by the defendant, who knew she had been sold. In poiut of fact it is proved that the woman who brought the girl into the colony bought her herself, and in this particular instance we have the bill of sale under which the girl referred to was bought. The only fact in dispute is the question of the intention for which this girl was brought into the colony. On the part of the accused it is stated that the girl was bought for the purpose of being an amah for her child, and not for the purpose of prostitution. But the defendant, though she had a perfect right to do so, did not go into the box and swear that.
my fault.
The Acting Attorney-General said he simply wished to say that the counsel for the defence had a perfect right to put the woman into the box at the Police Court if he had thought fit.
Mr. Robinson said he had overlooked the section giving him that power, but he would be very glad to have the woman examined now,
The Acting Attorney-General asked his Lord- ship to say that the police had acted properly in this case.
Mr. Robinson-I have already said that was
as any Chinese come into Hongkong they must obey the English law t at prevails here, and that law does not allow the sale and the purchase of girls, and if they are bought and sold in China, and that transaction is recognised elsewhere. the moment they touch British soil-it does not matter how many dollars have been paid for them-they are as free as air in theory, and if they apply to the proper authorities, and com- plain at the Magistracy that they are detained against their will, they will find that the British law is strong enough to punish those who detain them against their will in this colony. The sp peal is dismissed with costs.
JENWICK AND CO. V. BASA.
In this case Mr. J. J. Francis, Q.C, made an es parte application for leave to appeal from the
Then
The Acting Chief Justice-If the plaintiffs sned Lechando he would say the only boiler the ordered was of sach and such a siz^. plaintiffs would say, Then we must go tó Basa, who said he would have that particular boiler." That was only common sense. The boiler-Bass bought was different from the one ordered by Leobando.
Mr. Francis-It does happen occasionally that people, through their own carelessness, have no remedy against anyone. I say that whatever Basa accepted he accepted on accdunt of Le- chando, and not on his own account.
The Acting Chief Instics-If I am nego- tiating-this is what strikes me as common sense -if I am negotiating with a foreign merchant for the sale of a boiler, and a man with whom l'had had business as commission agent on previmis occasions came to me and practically said "I know you have hal-negotiations with a gentle- man in Manila for a boiler of a given size” and I say the size I have got is not the sise he waqts, and the agent says "Never mind, you”: wond The boiler is sent accordingly, but that boiler.” some days afterwards it turns out that the Manila merchant will not accept the boiler as it' is not the size he ordered. Is it then for the agent to say "I never made the contract, and not liable ?” It is só consequently I am absurd on the face of it that I cannot see the necessity for arguing the point. It is quite clear that Lechando is not liable.
་ཀྐཱ་
Mr. Francis-I think your Lordship is right. The Acting Chief Justice-Then you do not proceed further?
Mr. Francis--No, my lord.
The Acting Chief Justice-The application'is dismissed.
No comments yet.
Private notes are available after approval.