The history of the laws and
courts of Hong-kong
James William Norton - Kyshe
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JAHN OF
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nmale
THE HISTORY
OF
THE LAWS AND COURTS
OF
HONGKONG,
TRACING CONSULAR JURISDICTION IN CHINA AND
JAPAN AND INCLUDING PARLIAMENTARY DEBATES , AND
THE RISE, PROGRESS , AND SUCCESSIVE CHANGES IN
THE VARIOUS PUBLIC INSTITUTIONS OF THE COLONY FROM
THE EARLIEST PERIOD TO THE PRESENT TIME .
WITH ILLUSTRATIONS.
BY
JAMES WILLIAM NORTON-KYSHE ,
OF LINCOLN'S INN, ESQUIRE, BARRISTER-AT-LAW,
Registrar ofthe Supreme Court ofHongkong.
IN TWO VOLUMES .
VOL . I.
London :
T. FISHER UNWIN.
Hongkong :
NORONHA AND COMPANY.
MDCCCXCVIII .
The Right of Translation and Reproduction is reserved .
PRINTED BY
NORONHA AND COMPANY, ZETLAND STREET, VICTORIA, HONGKONG .
THE
NEW YORK
PUBLIC LIBRARY
Astor, Lenox and Titden
Fourdations.
1899
14219
ΤΟ
HIS HONOUR
SIR JOHN WORRELL CARRINGTON, KNT. , C.M.G. ,
CHIEF JUSTICE OF HONGKONG.
etc., etc., etc.,
THIS WORK
IS, WITH PERMISSION,
Respectfully Bedicated .
" A collection of records may be the result of professional knowledge, research, and
skill, just as a collection of curiosities is the result of the skill and knowledge of the an-
tiquarian or virtuoso,” --Bowen, L. J. , Lyell e. Kennedy, L. R. 27 Ch. D. 31 .
PREFACE .
WONDERFUL as may be said to have been the courage,
tenacity, and determination with which our people
and Government have successfully established themselves
in this Ultima Thule of the Empire for the benefit of all
mankind, not less remarkable may be said to have been
that branch of the service connected with the adminis-
tration ofjustice in Hongkong. Placed on the borders
of an Empire so full of contradictions as China, with its
uncontrolled millions, conservative and prejudiced to
the backbone, a people totally ignorant and indifferent
as to Western ideas or modes of Government, it seems
as if Hongkong by its position had been destined to
become the starting point from whence a civilizing
power by its beneficent rule and humane laws was to
endeavour to effect those reforms which an uncivilized
power like China was ever in need of. It is not astonish-
ing, therefore , situated as is Hongkong, with a popula-
tion recruited almost from the dregs of society, that
enormous difficulties should have been experienced from
the very outset in establishing a proper form of Govern-
ment in the Colony ; tentative measures being introduced
to be only shortly after modified or rejected . The un-
questionable records upon which this work has been
founded amply testify to that fact . The necessary con-
trol by the Executive in the early days over the admi-
nistration ofjustice before the grant of a Charter to the
Colony, and its failure afterwards in continuing to exer-
cise
any influence over highly cultured and intellectual
officials charged with the same administration, where-
by the usual conflicts ensued, were but the concomit-
VIII PREFACE .
ants to be expected in the progressive stage ofa Colony
rising from its tutelage . The suspension of Mr. John
Walter Hulme, the first Chief Justice, by Sir John Davis,
the Governor, only to be afterwards reinstated by the
Secretary of State , will not, in that respect, fail to prove
of interest. Nor will the sad fate of Mr. Thomas Chis-
holm Anstey , the Attorney- General, than whom a more
able, energetic, and honourable gentleman never held
similar position in Her Majesty's Colonies, escape atten-
tion. Baffled from the first in his determination to
effect reforms under a weak Governor, Sir John Bowring,
Mr. Anstey precipitated his downfall by running counter
to the policy of the latter, who , acting under the unfor-
tunate advice and influence of Mr. Mercer , the Colonial
Secretary, favoured a friend of the latter, Dr. Bridges,
whom he elevated to high positions to be afterwards
found unfit for the trust which had been reposed in him .
During the time he held office in Hongkong, whatever
his faults, temperament, or Quixotic disposition at times,
which, it may be added , have not escaped notice in this
work wherever necessary, Mr. Anstey did an enormous
amount of good , especially in his attempt to put down
official corruption then so rampant, and his praiseworthy
and successful endeavours, at all risks to himself, to
rid the public service of Mr. D. R. Caldwell, the influ-
ential Registrar- General and Protector of Chinese , whom
a previous Commission had rehabilitated , may be counted
among the many redeeming features never to be effaced
from his career in Hongkong.
A question not seldom mooted has been the fitness
of English law for the Government of the Chinese.
Lord Derby, when Secretary of State for the Colo-
nies, in a despatch to the first Governor of Hongkong,
stated that to the Chinese, the laws and customs of
England would be a rule of action and a measure of
right equally unintelligible and vexatious." That the
PREFACE . IX
Chinese acquiesce in our laws and fully admit their
beneficence is an incontestable fact which will be found
fully set out in this work. Upon that point, however, it
may be safely asserted that not merely free trade, but
the equal justice of our laws, dealing alike with native
and with European, have drawn to the Colony a popula-
tion upon whom our commerce is entirely and absolutely
dependent for support, and it may be reasonably infer-
red therefore that had any departure from this course
been attempted , although evidence is not wanting as to
what was originally intended in that respect, it would
probably have deterred emigration if not driven away
many already settled in the Island . English law, there-
fore, if not absolutely fitted for natives, especially as
regards the clemency and technicalities of our criminal
procedure, was the only law expedient to put into prac-
tice in a Crown Colony settled essentially under British
rule, like Hongkong, and therefore differing from a
conquered place with its already established laws and
customis .
In other respects it is doubtful if the administration
of any Colony presents more food for reflection than
that of Hongkong. The reader will draw his own con-
clusions from " that mass of mud " * in reference to which
the Duke of Newcastle showed so much anxiety at the
time.
The Consular Courts were not also without giving
dissatisfaction in their working,-a matter which will be
found fully dealt with . The long distance separating
these Courts from head-quarters, which in the early days
centred in the Supreme Court of Hongkong, was not
without its inevitable drawbacks, and these, taken to-
gether with the law's delays and uncertainties, not infre-
quently engendered miscarriages of justice, inducing The
Times, rather ungenerously, to characterise the Court as
* See Chap. XXXI., infrà. p. 642.
x PREFACE .
"the greatest nuisance in the East," * in ignorance of the
utter irresponsibility of the Supreme Court in such mat-
ters and of the undoubted good, which , acting indepen-
dently, it was instrumental in effecting. The lawlessness
of British subjects in days gone by in places where law
and justice, such as we understand them, were ever
unknown quantities called for reprisals which in these
days of quick steam and telegraphy and extended con-
sular jurisdiction fortunately no longer exist . But that
in other respects a great deal has been done no one at all
acquainted with such a people as the Chinese can deny.
Otherwise the purport of this work lies in its title, and
its contents will disclose that which it portends to be, -
a record of facts scrupulously set out with accuracy and
fidelity.
The manners and customs of the Chinese, in so far as
they have been elicited by the Courts, will also be found
duly recorded .
A list of the Chief Justices, Judges , Attorneys- Gene-
ral, and Crown Solicitors from the date of the Charter
granted to the Colony with the dates of their assumption
and relinquishment of duties , and a list of Barristers and
Attorneys of the Court from the earliest period , together
with a copious Index, -necessary attributes to a work of
this dimension --will be found in their proper places.
The work, necessarily arduous , has not been prepared
without considerable trouble, and the author begs to
express his obligations to the Honourable the Chief
Justice, Sir John Carrington, for much kindness and
consideration shown to him during the entire progress
of the work , and, with His Honour's permission , it is now
respectfully inscribed to him .
J. W. NORTON-KYSHE .
The Supreme Court,
Hongkong, 30th September, 1898 .
* Vol. II., Chap. XXXIX. § 1., infrà, p. 58.
APPENDICES . *
Here inserted for facility of reference .
XI
APPENDIX I.
LISTS OF CHIEF JUSTICES AND JUDGES OF HONGKONG , FROM THE DATE OF
THE CHARTER OF THE COLONY, IN 1813.*
CHIEF JUSTICES.
Date of final
Name. Date of Assumption Departure from the Remarks.
of Office.
Colony.
1. John Walter Hulme ...... 7th May, 1844. 24th April, 1859.
2. William Henry Adams... 25th August, 1860. 13th May, 1865. See List of
3. John Jackson Smale...... 24th October, 1866. 9th April, 1881 . Attorneys-Ge-
4. George Phillippo 13th March, 1882. 5th April, 1887. ) neral, infrà.
5. James Russell 5th October, 1888. 23rd March, 1892.
6. Fielding Clarke...... 11th June, 1892. 15th January, 1896.
7. John Worrell Carrington. 13th May, 1896.
JUDGES . †
Date of final
Name. Date of Assumption Remarks.
of Office. Departure from the
Colony.
1. Henry John Ball 7th July, 1862. 26th June, 1873. a a Was Judge of
2. Francis Snowden § the Court of Sum-
12th May, 1874. mary Jurisdiction:
3. James Russell 10th August, 1883. Idied in Hongkong,
4. Fielding Clarke..... 25th March. 1889 . 1st April, 1883.
5. Edward James Ackroyd . 3rd December, 1892 . 6th March, 1895.
6. Alfred Gascoyne Wise .... 22nd October, 1895.
The information given in these lists is taken from Court Records. Acting appoint-
ments are not included therein, but will be found in the body of the work, as well as other
data in regard to the officers whose names here figure.
† Under Ordinance No. 7 of 1862, a Judge of the Court of Summary Jurisdiction was
appointed , until the passing of Ordinance No. 14 of 1873, when that Court was abolished
and a Puisne Judge appointed -see Vol. II., Chap. LX. § I., pp. 223-224.
§ First Puisne Judge constituted under Ordinance No. 14 of 1873 –-see Vol. II ., Chap.
LXII. § I., p. 223.
XII
APPENDIX II .
LISTS OF ATTORNEYS-GENERAL AND CROWN SOLICITORS OF HONGKONG, FROM
THE DATE OF THE CHARTER OF THE COLONY, IN 1843.*
ATTORNEYS-GENERAL.
Date of final
Name. Date of Assumption Remarks.
of Office. Departure from the
Colony.
1. Paul Ivy Sterling 28th July, 1844 . 15th April, 1855 .
2. Thomas Chisholm Anstey 30th January, 1856. 30th January, 1859.
3. William Henry Adams... 7th September, 1859. Appointed acting
Chief Justice on his
arrival, never as-
sumed the duties of
Attorney-General--
see List of Chief
Justices supra, and
infra, Ch. XXIX.
4. John Jackson Smale….……….. 22nd April, 1861 . See List ofChief
Justices , supra.
5. Julian Pauncefote... 21st July, 1866 . 4th December, 1873. |
6. John Bramston 16th February, 1874. 22nd July, 1876.
7. George Phillippo 2nd January, 1877. See List of Chief
1st February, 1879. Justices
, supra.
8. Edward Loughlin O'Malley 21st February, 1880 . 18th February, 1889.
9. Wm. Meigh Goodman ... 15th March, 1890.
CROWN SOLICITORS .
Date of final
Name. Date of Assumption Departure from the Remarks.
of Office.
Colony.
1. J. J. Hickson 1st December, 1856 . 6th February, 1857.
2. George Cooper-Turner 6th February, 1857 . Died at Shanghai ,
2nd February, 1861.
3. Francis Innes Hazeland.. 8th February, 1861 . Died in Hongkong,
21st January, 1871.
4. Edmund Sharp .... 25th January, 1871 . 5th May. 1883.
5. Alfred Bulmer Johnson .. 5th May, 1883. 17th December, 1896.|
6. Henry Lardner Dennys .. 1st December, 1896.
* The information given in these lists is taken from Court Records. Acting appoint-
ments are not included therein, but will be found in the body of the work, as well as other
data in regard to the officers whose names here figure.
.
III
APPENDIX
ROLL
BARRISTERS
OF
ADMITTED
PRACTISE
TO
BEFORE
SUPREME
THE
COURT
HONGKONG
."OF
No. Date
.
Admission
of Name
. Remarks
.
1 October
.
†
1844-1st Ivy
Sterlin
Paul g the
Called
Bar
Irish
M
Term
;,1 ichaelmas
to829
first
Attorney-
w as
General
the
of
.Colony
2 1844-1st
October
.
† Sirr
Charles
Henry Inn
Lincoln's
at
Bar
the
to
Called
2833
,1
.November
2nd
...
3 December
1846-10th Charles
......
Campbell
Molloy Middle
the
November
cOf
Temple
22nd
,1alled
Attorney-
acting
was
844
General
and
Justice
Chief
acting
--
History
see
.,i nfrà
4 1851-15th
April William
Thomas
Bridges
. Temple
Middle
cOf
the
to
November
,5
Bar
th
History
1alled
see
--847
infrà
.
1854--15th
December
Thomas
Ponsonby
‡3 Of
;called
Ireland
in
Courts
four
of
and
Inn
Gray's
Bar
Irish
the
to
APPENDIX.
1
,. 842
Term
Hilary
in
6 1855-4th
Januar y Frederick
William
Green College
Oriel
O.A.
BOf
,a nd
xford
Temple
Inner
the
January
cofalled
,30th
1852
.
7 1855-28th
February
H
,J enry
Kingsmill
. unior E
.Was
Bar
Irish
lected
conformity
in
provisions
the
with
of
Ordi-
the
1 1862
of
13
No.
nance
January
,t4th
as
actbo865
oa narrister
History
-
only
see
.,i nfrà
8 1855-30th
..
October John
Da y called
Temple
Middle
the
Of
,1
November
.23rd
849
information
*
further
this or
individual
for
or
list
barristers
vconcerning
the
Fnfrà
,iinide
.History
date
the
Supreme
of
opening
Court
.The
previously
,1855.
March
practising
Ceased
.Had
Navy
the
in
served
XIII
AIX
APPENDIX
II
Co
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TH FO TI
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of
Ad te OF UR
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e., tc. o
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APPENDIX.
12 on rister of to
ac
e, letctedions
fr om
1862-18th
No
baarly
. th
5t
Ja eh
nu
J vember
. oh
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a
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APPE
III
- nued
,. ContiNDIX
ROLL
OF
BARRI
ADMIT
TO STERS
PRACTI
BEFOR TED
SE
THE
SUPRE
COURT
HONGK
OF
ContinE
ME
ONG-
ued
.
No. Admiss
of
.Date ion .Name Remar
. ks
14 June 3rd
1863-- Henry
Tarrant
Jefferd 1
Temple
Middle
the
at
,Called
November
;p2th859
attorney
an reviously
,i
ofafterwards
--
ethenfrà
Atc.
Proctors
List
see
Court
ttorneys
of
Recorder
as
one
time
at
and
acted
practise
to
Rangoon
proceeded
Moulmein
.
15 1863-26th
June Myburgh
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