1855. At the time of his death he was a Knight Commander General
Major
of the Bath, and had reached the rank of Lieutenant-General. D'Aguilar.
From the Report of the Select Committee of the House of Land.
Commons before noticed , it appeared that, after a most minute
inquiry into all the circumstances of the land sales in Hong-
kong, the Committee did not recommend any reduction in the
rates at which land was purchased. The principal evidence as
regards land sales and land tenure was given to the Committee
by Colonel Malcolm, who was a member of the local Committee
appointed by Governor Sir Henry Pottinger on the 29th March ,
1842 , and by Mr. Scott. In his evidence before the Committee of
the House of Commons, Colonel Malcolm stated that he conceived
that, for the price which was paid, the land ought to be held
for 999 years or in fee- simple ; that such an arrangement would
be most decidedly advantageous to the Government, and that
the circumstance of the leases having been confined to short
terms had been disadvantageous to the interests of the Colony.
Colonel Malcolm, further, in his evidence , denied that Sir Henry
Pottinger had done all in his power to force the merchants to
settle at Hongkong, and stated that the moment it was
announced that the island was to be retained as a British
Colony, the merchants flocked over from Macao, and did every-
thing in their power to induce Sir Henry to give them land ,
which he refused to do until he had received further instructions
from England ; that those who had been fortunate enough to
secure land when Captain Elliot was Plenipotentiary, instantly
commenced building on a large scale, for, being under the impres-
sion it was to be a free port, they predicted it would be the depôt
from which the five ports of China would be supplied ; that
It may here be noted that the above and other articles in The Dublin University
Magazine, previously quoted, were ascribed to Mr. H. C. Sirr, the barrister (mentioned
antè p. 55), but with what degree of certainty is not apparent. -J. W. N. K.
178 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Ch. VIII § II. large sums had been offered for the sites which had been allotted
1848. by Captain Elliot and when Sir Henry put the land up to
auction, the prices it brought were strong evidence of the
opinion the merchants had of the value of the place ; that in a
few months an extended trade sprung up, and immense quan ,
tities of piece goods were sold on the island, which were
transported to the mainland in native boats ; that small vessels
were passing hourly between Canton and Hongkong, carrying
the goods which were sold by sample at the former place, and,
daily, vessels were coming from the north to obtain supplies
for the other ports ; and that no complaint was then heard of the
want of accommodation at Canton, for little was required, the
principal merchants merely thinking it right to have a house
for a junior partner to transact business at , keeping their ware-
houses, etc. , at our own settlement, as they preferred having
their property under the protection of the British flag. Such
Colonel Malcolm stated, was the state of the Colony when he
left it in the year 1843 .
Mr. Scott , in his evidence before the Committee ( as referred
to in The Times newspaper of the 15th January, 1847 ) , stated
that the grievance of which the Chinese complained , and which
had rendered them unwilling to lay out any money in the
island, was that they thought themselves liable to be dis-
possessed at any time of any land they might purchase ; and,
as an example of the dealings of the Government with the
Chinese, Mr. Scott stated that lands were given to them in
1841-2 by the proper Land Officer, with certificates of owner-
ship, and, under the authority of the local Government, they
were subsequently dispossessed by orders sent out from Home,
the lots having been sold over their heads . The comment of
The Times newspaper upon this is, that this is the old Colonial
grievance. If an Englishman's house, in his own country, is
his castle, his house in a colony is that particular spot of earth
from which he is most certain to be ejected ; that it might
naturally have been supposed that in an island so small as
Hongkong some continuous line of policy might have been
followed from the beginning.
As a result of the negative nature of the report of the House
of Commons upon the land tenure and Crown rents levied
upon the lands of the Colony, the landowners, on the 19th
February, forwarded a petition to Earl Grey, the Secretary of
State for the Colonies, praying for the abolition of the land
rents.
A review of the position of affairs as regards the land rents
LAND. 179
at this time appeared in The Friend of China newspaper, for ch. VIII § II.
1848, (p. 64) , as follows :- 1818.
"A most unfortunate time has been chosen for the memorial to Lord Grey
praying for an abolition of the land rents, and we fear that this document
will tend to confirm the impression which prevails at the Colonial Office, that
we are unreasonable in our demands. The report of the Select Committee
lately engaged in investigating our commercial relations with China and the
state of Hongkong has not yet been discussed in the House of Commons ;
but with that report before us, and the mass of evidence which accompanies
it, we confess, we do not see the slightest hope of any important reduction
in the land rates -or indeed any reduction at all. After a most minute
inquiry into all the circumstances of the land sales , the Committee have not
recommended a reduction in the rates at which the land was purchased ; but
it has done that which is of far greater consequence it has recommended the
entire removal of all restrictions upon trade. From the cession of the island
until now, Her Majesty's Government have looked upon the public lands as
almost the sole source of revenue, and it is not to be supposed that after the
best portions of these lands have been secured by individuals, Government
will remit the rent for which the leases were actually purchased, and raise
an equal amount of revenue by resorting to taxation. Neither can it be
credited that these rents will be abandoned , and Government assume the
whole expense of the civil establishment. In no civilized country do people
live free of taxes of some kind or another, and apart from the obnoxious
excise imposts, we have but one tax in Hongkong, -that for Police. The
land rent is not a tax ; the lands are sold and the purchasers believe they
have got an equivalent for their money,-if they are mistaken afterwards ,
they may be said to have made a bad bargain, a matter of frequent occur-
rence in life. But remit these rents, and raise the same amount from taxation ,
and the Colony will be borne down, to relieve, or possibly enrich the land-
holders. It would be unjust to all who do not own land, to allow those who
have purchased the finest sites to sit rent free ; and so far from furthering
the prosperity of the Colony, it would wither it up for ever. No, remove
every fiscal restriction upon commerce, and give an intrinsic value to property
which it does not now possess, and there will be few complaints of heavy
ground rents ; but cancel the obligations for rent, and we will be saddled with
taxes, port dues, etc., and every article of consumption will bear a fiscal
charge. We would remind our readers of Lord Aberdeen's sentiments upon
this head, and if His Lordship's liberal commercial policy has not been carried
out, the blame lies at the door of an illiberal local Government. Addressing
Sir Henry Pottinger, under date of 4th January, 1843 , His Lordship says,—
" The intention of Her Majesty's Government being that Hongkong should be
a free port, and that the harbour dues should therefore be as light as possible,
so as to give every encouragement to the commerce of all nations, it is clear
that no revenue can be looked for from import or export duties to cover the
expenses attendant upon the occupation of the island. The principal source
from which revenue is to be looked for is the land ; and if by the liberality
of the commercial regulations enforced in the island, foreigners, as well as
British subjects, are tempted to establish themselves on it and thus to make
a great mercantile entrepôt, with very limited dimensions, Her Majesty's
Government conceive that they would be fully justified in securing to the
Crown all the benefits to be expected from the increased value which such a
state of things would confer upon the land."
The views of Her Majesty's Government as laid down in the above extract
appear liberal and just. The colonists, however, have good ground of com-
plaint in so far, that while high rents are secured to the Crown, the restrictive
commercial legislation of the Colonial Government has frustrated their
180 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. VIII § II. reasonable expectations of this being a great commercial entrepôt, and many
have been induced to invest large sums in unprofitable property, and this is
1848.
the principal grievance which requires to be redressed . Sir John Davis and
his friends will, no doubt, encourage the belief that the high ground rents
have been the drag upon our advancement, which is a fallacy. Two or
three hundred dollars of rent less or more will not keep merchants from
settling in the Colony. It was the utter prostration of trade resulting from
monopolies of the chief articles of traffic, and other wretched acts of legisla-
tion, which drove away the little commerce we had when the present
Governor entered upon office ; but we fear that this memorial will be twisted
into an admission on the part of the inhabitants that such is not the truth.
The privilege of memorializing the Government is one of high value, but
before making use of that privilege, it is prudent to consider whether there
are good grounds to believe that the prayer of the memorial will be granted.
In the present instance an abolition of the ground rents, or the reduction to a
nominal rent, appears hopeless. In support of an opinion (which, by the
way, we have substantial reasons for wishing to be erroneous ) we refer to the
documentary and other evidence published in the report of the Select Com-
mittee ; a brief review of which, as far as regards land rents, will enable
others to judge of the probable success of the memorial, as by this report its
fate will be settled.
On the 7th June, 1841 , Captain Elliot gave notice that on the 12th "a
sale of the annual rate of quit-rent of 100 lots of land having water frontage,
will take place at Hongkong. " This sale was postponed to the 14th from
the difficulty in surveying the ground . A Notification states that only 50
lots had been put up, but in point of fact there were only 35, 11 having been
reserved, and 4 not marked out at all. Of the 35, 34 were sold ; the dimensions
of one are not given, but 33 averaged £69 per 10,000 square feet, the aggre-
gate amount of sale being £3,067 for 445,965 square feet. The lots were
put up at £ 10 each without reference to size, the purchasers being required
within six months to erect a building of the value at $ 1,000 . At the upset
price the rental upon the 34 lots actually sold would have been £340 ; but
from competition it was run up to £3,272.10s. Captain Elliot appears to
have been surprised at the result, as on the 17th June, three days after the
sale, he addressed the purchasers to the effect that he would " move Her
Majesty's Government either to pass the lands in fee simple for one or two
years purchase at the late rates, or to charge in future no more than a
nominal quit-rent, if that tenure continues to obtain."* On the faith of this
promise, more money was laid out in improvements than otherwise would
have been done ; but as has already been shown from Lord Aberdeen's
despatch to Sir Henry Pottinger, the British Government determined when
the island was ceded, to look to the land rents for a revenue, leaving the
Colony free of import or export duties.
These sales, it may be remarked , were confirmed after the island was
ceded, rent being paid from that date at the rate of sale in June, 1841 ; the
title granted was a lease for 75 years. When the lots were first sold it was
uncertain where the town would fix itself, and the rates varied extremely, -
thus lot No. 15 containing 15,900 square feet was purchased for £20 per
annum (the average of sale would give about £ 105) ; lot 24 of nearly a
similar size was knocked down for £ 160, and other lots, sold at large
prices, have from their locality proved nearly valueless. The cheap lot
mentioned ( 15 ) is one of the best on the island being near the centre of the
town ; but this is as much the result of chance as of judgment— had the
town been taken either east or west, it would have been unproductive
property.
Subsequent to this sale, grants of land were made by Mr. A. R. Johnston,
though it appears upon his own responsibility. The marine lots were fixed
See Introduction, antè p. 8.
LAND. 181
at the average of the June sales ; the town lots at the rate of £20 an acre, Ch. VIII
- § II.
and suburban lots at £2 an acre. The title of the marine and town lots
1848.
was to be in perpetuity ; the suburban lots, grants for 100 years. It was on
the faith of this arrangement, that a large portion of the town was built ;
and the complaints of those who had afterwards to pay the average of the
sales of January, 1844, appear more reasonable than those from holders of
marine lots for which they have not been called upon to pay more than they
bargained for. The whole of these grants were repudiated by Sir Henry
Pottinger in compliance with instructions from Lord Stanley. A Committee
was then appointed to inquire into the nature of the claims to the various
grants, and where improvements had been made, leases were given for 75
years. Individually, there were many cases of hardship in this settlement,
but it does not appear that the Committee acted unfairly.*
On the 12th December, 1843 , a sale of the leases of public lands was
advertized to be held on the 22nd January, 1844. The lots to be sold were
all town lots extending from the Harbour Master's hill to the central police
station, comprising what is now the centre of the town. On the day of sale,
there was a large attendance, and the form of a 75 years ' lease was read,
but the terms of sale were unknown, or only known to a few , in consequence
of this (there being no forfeiture should the leases not be taken up), there
was an animated competition, and the inland lots were run up in some
instances to prices higher than marine lots sold for in 1841. Making every
allowance, however, for a forced competition -such for instance in people
purchasing lots adjoining those upon which they had built , and others
purchasing lots upon which they had already built without having a title to
the land - it was still evident that much confidence was felt in the value of
the land, indeed, subsequent to the sale several of the lots changed hands at
a considerable premium.
The next land sale was held on the 12th July, 1844, three years after
Elliot's sale. Twenty-four lots were offered and sold , 12 being marine and
12 inland ; but it is to the marine lots we particularly refer, as showing that
after the tenure was known, that description of property was still in favour.
The twelve lots measured 199,719 square feet, the aggregate amount of the
annual rent being £ 1,815 , or £90 for 10,000 feet. This was a large advance
upon Elliot's sale, and is a fatal answer to the argument that that sale should
be set aside on the grounds that the competition was " unnatural." It is
worthy of notice that at the sale of June, 1841 , lot 15, measuring 15,900 feet
sold for £20 ; at that of July, 1844, the adjoining lot ( 14) measuring 13,512
feet brought £204, and after the sale was disposed of for a premium of $2,000.
In the face of this documentary evidence it is vain to expect any material
reduction in the land rent ; but were the prayer of the memorialists granted,
and a pro rata deduction made, it would not in any degree equalize the rents ;
No. 14 would still pay ten times the rent of No. 15, though this property is
not more valuable. Both lots were purchased at open auction, and, however
heavy the rent may fall upon No. 14, he has no just cause of complaint ;
were the British Government to take 25 per cent. from the rent roll he would
pay £ 153 , while his neighbour only paid £ 15. No. 14 and those in a similar
position can only be materially benefited by the entire abolition of the land
rents, and the wildest dreamer cannot expect this ; neither is it desirable that
this should be done, as land is the legitimate source of revenue.
From the documentary, we turn to the oral evidence before the Select Com-
mittee, and there is little to encourage a hope that Government will be
induced to abolish the land rates, though there is enough to warrant the
* For previous notes on this subject, see antè pp. 26, 36 , 71 , and 144, and references
there given.
182 HISTORY OF THE LAWS, ETC. , OF HONGKONG .
Ch. VIII § II. assumption that a petition having for its prayer an alteration in the land
tenure would meet with attention ; and it is a matter of regret that the
1848.
memorial has not made the land tenure its prominent feature, with a mere
allusion to a reduction of the land rents. We cannot but think that the 75
years' lease has had some influence in keeping away respectable Chinese
settlers. It is a tenure which they do not understand, and to them one of
longer endurance is of more consequence than to Europeans. The latter are
a migratory population ; in twenty years, of those now on the island not one
may remain, and on leaving the Colony most of them will dispose of their
property and cease to be interested in it. With the Chinese it is different.
Should a respectable class ever be induced to settle, they will be like the
Parsees of Bombay ; this will be their home ; here their money will be
invested, and their children brought up and settled ; they will therefore
expect to hold their property by some more enduring tenure thau a short
lease."
"We close with an extract from Sir Henry Pottinger's despatch to Lord
Stanley of date 4th May, 1844, enclosing copy of a letter from " certain
landholders." It has generally been supposed that Sir Henry was opposed
to a long lease, but from this and other documents it appears not."
"Your Lordship will have seen from the copy of the lease, which forms
Enclosure No. 11 to my Despatch, No. 3, of the 23rd January last, that it
has been provided for in that document that the buildings shall all become
the property of the Crown at the expiration of the 75 years for which the
leases are to run ; and I am told that this is usually the case in leases of
the sort. But there can be no doubt that the strict enforcement of that
clause will operate towards deterring people from expending so much money,
as they otherwise would do, in improvements, by building quays, docks , etc.:
and when I look to the high rates of rent at which land of itself has hitherto
let in this island, I cannot doubt but a favourable consideration of the prayer
contained in the present application would have the most beneficial effect on
the future prosperity of the Colony. I should therefore be glad , did it
accord with the views of Her Majesty's Government, to see that clause of
the lease so modified as to ensure the owners of the different locations, the
certainty of retaining possession, subject to such augmented rates of ground
rent as the probable increased value of land will then justly authorize ."
Rules of
Rules of Court regulating the admission to practise of trans-
Court regula.
ting admis- lators and interpreters in the Supreme Court, and tables of fees
sion of
Translators in connexion therewith , passed on the 1st March, were duly
and Inter- approved by the Legislative Council on the 2nd of that month .
preters. Until this time the Supreme Court had been held in a building
Supreme
Court re- situate in Wellington Street, and had but recently removed into
moved from
Wellington the present and, for that period of the Colony, more commodious
Street to the building in Queen's Road . The former building, after the
present removal of the Supreme Court, and where so many noteworthy
building in
Queen's incidents had taken place as have been duly recorded in this work,
Road.
was shortly after put to quite a different purpose than that for
The Irish which it had hitherto been used, the Irishmen of the place cele-
celebrate St.
Patrick's Day brating St. Patrick's Day by giving a public dance in the hall
in the old of the old Court House : a worthy manner of washing off the
Court House.
many sorrows that had been enacted in the place, without run-
TO NEW YORK
PUBLIC LIBRARY
ASTOR , LENOX AND
TILDEN FOUNDATIONS
SUPRE
COURT
L
-ARGEME
.ROOM
།
THE NEW SUPREME COURT HOUSE IN QUEEN'S ROAD . 183
ning the risk of incurring any pains, troubles, or penalties for Ch. VIII § II .
their conviviality. * 1848.
How badly planned from the commencement, and unsuitable
for the purpose, the new Supreme Court House building ever
proved to be, the many references, to be found in the records
as this work progresses , fully testify.
A military guard, it may here be added, was placed in charge
of the building at its opening. †
The following is the notice that appeared at the time in connexion with this festi-
vity:-
Bal Masqué.
At the Old Court House,
Wellington Street,
On the evening of St. Patrick's Day,
The 17th March, 1848.
Commencing at Eight o'clock.
Tickets, $4 each, to be had of the several store-keepers, Victoria.
† This was withdrawn in March, 1857 -see Chap. XVIII., infrà.
184
CHAPTER IX .
1848 .
Arrival of Governor Bonham.--Return of Mr. Sterling, Attorney-General, from leave.--
Governor Bonham assumes duty.- His Commissions. - Sir John Davis.- Mr. Sterling
resumes duties as Attorney-General.- Mr. Campbell continues as acting Chief Justice.-
Mr. Campbell's subserviency to Sir John Davis.-Departure of Sir John Davis.-Manifes-
tation of Captain Baker of the Pekin.- Compliment uncalled for.-H.M.S. Melampus
salutes. -Comments about Sir John Davis. - Disposition of Governors of Colonies.- Sir John
Davis as a Governor.-His services in China.-The duties of Governor of Hongkong and
Superintendent of the Trade of British Subjects.-The Merchants. -Sir John Davis of
retired habits. His legislation.-Comparison with that of Sir H. Pottinger.-Sir H. Pot-
tinger had no assistance.- Sir John Davis had a complete establishment. -The nature of
his legislation. - Odium attached to him anent suspension of Chief Justice Hulme. -Gov-
ernor Davis' resignation was accepted unhesitatingly.-Departure of Major-General
D'Aguilar. -Departure of Mr. McGregor, Consul at Canton. Mr. McGregor's career in
China.-Testimonial before his departure. -Commercial interests of England at Canton.-
Mr. Elmslie acts for Mr. McGregor.-Free pardons to European convicts.- Mr. Thomas
Wade acts as Private Secretary to Governor Bonham.- April Criminal Sessions held in
new Court House.-Too Apo, the informer, charged with extortion.- Police confidence in
him .- How he contrived to deceive.- His unsupported testimony implicitly relied on.-
Known as an offender by the l'olice.- Through fear of his influence he is not denounced.
- Murder will out.-Mr. Caldwell's attitude. - Conviction of Too Apo - His insolence to
the Court. The victims of Too Apo.-The services of informers.-The authorities and
Too Apo.- Consular Ordinance No. 1 of 1844.-The Law of England.-British subjects.
---Jurisdiction of the Court.--The Attorney-General and the practice of trying cases com-
mitted outside the harbour, before the Criminal Court.- Mr. Campbell , acting Chief
Justice, on the subject. - The Attorney-General and the Acting Chief Justice upon status
of prisoners as British subjects under Consular Ordinance No. 1 of 1844.- Prisoners
wrongly convicted.--The case of the Portuguese against Mr. Hillier. -Acting Chief
Justice Campbell directs jury to non-suit.- How he treated the plaintiffs ' attorney.-
Mr. Campbell's ' law.'-Mr. Campbell exhausts the patience of suitors and others.-
He continues to act as Chief Justice until return of Chief Justice Hulme whose reinstate-
ment is rumoured.- He would not resign in favour of Mr. Sterling, the Attorney-General.
--Governor asked to place a ' qualified ' person on the Bench.- Comments upon Mr.
Campbell.- Considered unfortunate that Governor Bonham had not removed him.-Sir
John Davis wished Mr. Campbell to dispose of certain cases.-The case of the Portu-
guese against Mr. Hillier.-April Criminal Sessions. Whether Supreme Court as now
constituted creditable to the Colony.-Attorneys discontinue entering cases for hearing
before Mr. Campbell.-Arbitrary conduct of Mr. Campbell.-A Mr. Buchanan is fined for
contempt of Court.-His affidavit.—He is imprisoned. —He " must abide the course of the
law." He remained in gaol until released by the Governor.-Convicts sent to Penang.-
Governor Bonham's tour.
Chap. IX .
Arrival of PUNCTUAL to anticipation, the P. & O. Co.'s Steamer Pekin,
Governor the very boat by which Mr. Hulme had left Hongkong
Bonham.
Return of after his suspension , * arrived on her return voyage, on the
Mr. Sterling, 20th March, having on board Governor Bonham and family,
Attorney-
General, from with Mr. Sterling, the Attorney- General, who had returned
leave.
from leave. The boat anchored in the harbour at 12 o'clock,
and half- past two being the hour fixed for the landing of the
new Governor, preparations were made for receiving him with
all the honours due to his high office. Precisely at the hour
appointed, the barge approached the wharf and as His Excellency
* See antè p. 166.
DEPARTURE OF SIR JOHN DAVIS . 185
stepped on shore, he was received with a salute of seventeen guns. Chap. IX.
He was received on landing by Sir John Davis , General Staveley, 1848.
and a military guard . A large number of civilians were also
present and hailed him with a hearty cheer. From the landing-
place to Government House the road was lined with troops , who
presented arms as His Excellency passed, accompanied by Sir
John Davis. Mrs. Bonham was escorted by the Honourable Mr.
A. R. Johnston . On the 21st March, the Governor having Governor
taken the usual oaths in Council and assumed the duties of the assumes
Bonham
Government, directed the publication of his various Commissions. duties.
That of Chief Superintendent of Trade, under signet and sign His Commis-
sions.
manual, was dated the 27th November, 1847 , thereby showing
that Sir John Davis must have resigned or expressed a wish to Sir John
resign early in that year, and his other Commissions as Governor Davis .
and Judge of the Vice- Admiralty Court were dated the 15th and
17th December, respectively. Now installed , high expectations
were formed of Mr. Bonham.
On the 21st March it was also notified that Mr. Sterling, Mr. Sterling
resumes
the Attorney - General and a member of the Legislative Council , duties as
having returned to the Colony, had that day re-assumed Attorney- General.
the duties of his own office. This notification was not with- Mr. Campbell
out causing some surprise to the public. It appeared incon- continues
as acting
gruous to see a barrister of eighteen years ' standing performing Chief
the duties of Attorney- General, while the Bench was occupied Justice.
by a gentleman who had only been a few years at the
bar, and the absurdity was all the greater when it was
considered that the junior on the Bench was only there at all
by virtue of his having been appointed to act for his senior as
Attorney- General during his temporary absence in England. †
This circumstance, however, as is usual in such cases , had Mr. Camp-
bell's
evidently some object in view, and Mr. Campbell, moreover, subserviency
had shown his subserviency to Sir John Davis, who naturally to Sir John
Davis.
showed disinclination to remove him.
Sir John Davis sailed for England by the P. & O. Steamer Departure
Sir John of
Pekin on the 30th March, About one o'clock the garrison Davis.
was drawn out and lined the road from Government House
to the wharf, where a guard of honour was stationed.
Sir John passed down the line, in company with the Gov-
ernor, the Secretaries, and other officials, and was met at the
Queen's Road by the General and his staff and the members
of the several departments. He embarked under the usual
salute, the Governor, Mr. Bonham, and the principal officials
accompanying him on board. As he stepped into the boat,
the officials raised a faint cheer, but few of the inhabitants
* Mr. Campbell had only been called to the Bar on 22nd November, 1844 -see Roll
of Barristers, App., infrà.
† See antè Chap. v § 1, p. 121, 1
186 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. IX. were present to swell the sound, and those who were at-
1848. tracted by curiosity to see the ex- Governor embark did
Manifesta- not join in the official demonstration . Captain Baker, of the
tion of
Captain Pekin, manned the yards of the steamer, and had five blacks
Baker, of dressed out in scarlet to receive Sir John Davis. This compli-
the Pekin.
Compliment ment was considered uncalled for and in bad taste on the part of
uncalled for . the Captain, but surely such a trifling affair should hardly have
been questioned or considered worthy of objection , as it was at
H.M.S. least agreeable to Captain Baker himself. As the steamer
Melampus
salutes. passed down the harbour, a salute of seventeen guns were fired
by H.M.S. Melampus. Thus departed the man who had made
things so uncomfortable for most people during his government
Comments of the Colony. Sir John Davis, in consequence of his treatment
about Sir
John Davis. of Mr. Hulme and other matters touched upon herein, had made
himself quite notorious in the Colonies, the press of which
blamed him, and while saying that the evil he had done would
live after him , and describing what " might have been a flourish-
ing and happy Colony." in reference to Hongkong, " as a hell
upon earth," added that " under the gentle rule of Mr. Bon-
ham the inhabitants of that Barataria might now hope for better
days."
Disposition
of Governors It sometimes happens that, in our distant Colonies, men
of Colonies. entrusted with administrative prerogatives betray dispositions
which are never suspected to exist in them previously, and give
the rein to passions, follies, and indiscretions which , when
repeated at Home, seem incredible.
Sir John
Davis as a Sir John Davis was represented to be one of these men —arro-
Governor. gant, arbitrary, and rash in many of his undertakings, and these
failing through their own utter inefficiency as much as from the
opposition they encountered from men of sober judgment who
calculated consequences as well as means, -- he was unscrupulous
as to the means of excusing his own errors and throwing the
blame of his blunders upon the shoulders of other parties . He
had arrived in Hongkong on the 7th May, 1844 , as successor to
services
HisChina.
in Sir Henry Pottinger. His services in China, however, reached
to a much earlier date, having commenced in 1813 , under the
East India Company, and continued to the close of its Charter in
1834, in which year he was appointed second Superintendent of
Trade to Lord Napier. On the death of that nobleman in Octo-
ber following, he succeeded as Chief Superintendent ; but a few
months afterwards he resigned and sailed for England in January,
1835. In 1844 , he returned as Plenipotentiary, Superintendent of
Trade, and Governor of Hongkong. In the discharge of the duties
of these high offices his policy received the uniform support and
approbation of the successive ministries under whom he acted,
* Antè Chap. II., p. 47,
THE LEGISLATION OF SIR JOHN DAVIS . 187
but met with local opposition , remonstrance, and abuse such as - IX.
Chap.
few representatives of the Sovereign in distant lands had with- 1848.
stood . The former could only be secured by carrying out the
instructions of the Home Government, or by the successful
exercise of discretionary powers , while the latter would seem to
be in a greater or less degree the fate of all governors, but
they were, in the case of Sir John Davis and his predecessor ,
aggravated by the peculiarity of the circumstances in which
they had been placed .
The most prominent of these circumstances appeared to be,
as has before been remarked, first , the double and sometimes
opposing authority under which, as Governor of Hongkong The duties
of Governor
and Superintendent of the Trade of Her Majesty's subjects of Hongkong
in China , the same individual was to act, the odium attached and Super-
intendent
to the exercise of the one office being reflected to the other ; of the
and, secondly, the impatience of control entertained by a body of Trade of
British
merchants who in former times, according to the testimony of Subjects.
one of themselves, were amenable to no law, with the subse- The
Merchants.
quent influx of young men , many of whom had never taken a
part in public affairs before they left Home. Added to these
causes, in the case of Sir John Davis, the reins of Government Sir John
Davis of
were held by one of retired habits , who preferred the seclusion retired
of his study to social intercourse, to which last circumstance habits.
the intenseness, if not the extent , of his unpopularity was in a
great measure to be attributed .
In his legislation , Sir John Davis was charged with indulging tion
His legisla
.
a passion for law- making, ignorant of the wants and regardless
of the interests of his countrymen in China ; and in Parliamen-
tary Committees, as well as in newspapers, it was alleged that
the Ordinances enacted by him had , besides being excessive in
number, been so crude in concoction and injurious in tendency,
that it had been found necessary for the Home Government
to disallow or alter the great majority of them. Legislation
had been of two sorts -Colonial and Consular, and the amount
of each from the constitution of the Government up to January,
1848 , had been Colonial forty-nine, Consular thirteen , in all
sixty-two. The first Ordinance (a Consular one ) was dated Comparison
with that
24th January, 1844 , and during the subsequent three months, of Sir H.
Sir Henry Pottinger enacted seventeen -twelve Colonial and Pottinger.
five Consular. Of these nine were disallowed, repealed, or
amended. During the remainder of that year, twelve Ordi-
nances were passed by Sir John Davis, of which six were dis-
allowed, repealed, amended , or superseded ; so that out of the
entire body of twenty-nine Ordinances passed in 1844, only
fourteen remained in full force. The result may have been in a
great measure accounted for by the fact that legislation for a
188 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. IX. new Colony and trade so peculiarly circumstanced must, in many
1848. respects, have been experimental. Subsequent to 1844, a marked
improvement took place in the vastly-diminished proportion of
abortive measures ; so that during the years 1844, 1845 , 1846 ,
and 1847 thirty - three Ordinances were passed by Sir John
Davis , of which up to January, 1848, only five had been repealed
or amended . Thus while in the first three months, Sir Henry
Pottinger produced seventeen Ordinances , fifty -three per cent .
of which were set aside, in the last three years Sir John Davis
produced thirty -three Ordinances, of which not quite fifteen per
cent. were annulled or altered , none of these five Ordinances, it is
worthy of remark, having been disallowed by the Home Gov-
ernment, but in most cases altered or extended in their provi-
sions so as to meet the growing or ascertained requirements of
Sir H. the community. But although Sir Henry Pottinger's legisla-
Pottinger
had no tion was bad , he had an excuse of which Sir John Davis could
assistance . not avail himself. Sir Henry Pottinger had literally no assist-
ance in the performance of his duties. His secretary was an
Assistant Surgeon in the Bombay Army ; his financial secretary,
the mate of a ship ; his legal adviser, a wandering lawyer ; his
judge, an Indian soldier ; his assistant judge, the second mate
of a country ship ; and his lieutenant-governor, Major - General
Sir John
Davis had D'Aguilar On the other hand, Sir John Davis brought with
a complete him a complete establishment (excepting always a Police
establish-
ment. Magistrate) ; Colonial Secretary, Mr. Bruce ; Treasurer, Mr.
Martin ; Auditor- General, Mr. Shelley ; Chief Justice, Mr.
The nature Hulme. Sir John Davis ' wretched course of legislation
of his
legislation. was dictated by his own tyrannical disposition . Registration
Ordinances, Branding Ordinances, and fiscal taxes were all
the result of his own conception . On his arrival in the
Colony he had received a kindly reception , and as an untried
Odium man he was entitled to it. One subject which had excited
attached to
him anent greater odium than any other act of his was that regarding the
suspension suspension of Chief Justice Hulme. His actions and motives
of Chief
Justice in this matter were said to have been exaggerated or misrepre-
Hulme.
sented, but that he ought to have foreseen when he consented
to enter upon an investigation which involved the necessity of
Governor
Davis' invading the sanctities of private life. His resignation was
resignation reported to have been unhesitatingly accepted, and the new
was accepted Governor, it was hoped, would prove a man of greater sagacity,
unhesitat-
ingly. more prudence, with a more effectual command over his temper,
prejudices, and predilections than his predecessor. *
* Sir John Davis, Bart. , K.C.B , died on the 13th November, 1890, at his residence,
Hollywood Tower, Westbury-on-Trym, near Bristol. He had reached the patriarchal age
of ninety-six, having been born on the 16th July, 1795. The value of his personal estate
was sworn at £ 167,898 . His various publications regarding China are still standard works
and at the same time are very readable. His wife had predeceased him on the 7th Sep-
tember, 1866.
DEPARTURE OF CONSUL MCGREGOR. 189
The departure ofMajor- General D'Aguilar in February, follow- Chap. - IX.
ed by that of Sir John Davis and now of Mr. F. C. McGregor, 1848.
the latter leaving for England by the same steamer as the former, Departure
of Major-
all of them having borne prominent parts in the important General
transactions of the last four years, was a strange coincidence. D'Aguilar.
Departure
Mr. McGregor had held the important office of Consul at Can- of Mr.
ton for nearly four years. His experience in Consular duties McGregor,
Consul at
(excepting his muddle in the Compton Case ) , application to busi- Canton.
ness, and affable manner all qualified him for the appointment he Gregor's
Mr. Me-
held ; but unfortunately for himself and for British interests , he career in
had had to submit to the dictates of the Superintendent of Trade China.
at Hongkong. This had embittered his existence and been the
means of estranging him from his countrymen , who cheerfully
testified to his unwearied assiduity and earnest desire to protect
British interests . Before leaving Canton he was presented with Testimonial
a testimonial and a piece of plate by the Parsee and Indian before
departuhis
re.
merchants of Canton . In his reply Mr. McGregor said—“ he
had had to contend with many and serious difficulties , and
honestly confessed he had not always been successful in over-
coming them , and that he had committed errors which he sin-
cerely regretted, but had always endeavoured to do what
appeared to him just and right.' It was not known if Mr.
McGregor would return to China, but if he did , it was hoped it
would be in a different capacity. A Superintendent of Trade Commercial
resident at Hongkong did not appear to be a person fit to look interests
England of
after the commercial interests of England at Canton. Mr. Adam at Canton.
Wallace Elmslie, the Vice- Consul at Canton, * was appointed Mr. Elmslie
acts for
on the 1st April by Her Majesty's Plenipotentiary to officiate Mr. Mc-
for Mr. McGregor during the latter's absence . In October, Gregor.
1848 , the news reached the Colony that Mr. McGregor had
retired from the service upon pension , to settle in Denmark, where ,
for many years before, he had held a Consular appointment.
On the 1st April, the Governor also granted a free pardon to Free pardons
Robert Rawnsley , convicted of assault in October, 1847 , and convicts.
to European
sentenced to imprisonment for one year, and to George Wells,
convicted of misconduct as a Police Constable in March last, and
sentenced to imprisonment for two months . On the 8th April , Mr. Thomas
Mr. Wade, Assistant Chinese Secretary and Interpreter to the Wade acts
as Private
Governor, was appointed by the latter "to perform the duties Secretary to
of Private Secretary until further orders," the appointment Governor
Bonham.
dating from the 21st March.
The April Criminal Sessions was held in the new Court April
Criminal
House, in the Queen's Road , on Saturday, the 15th April. The
Sessions
held in
first case was that of the notorious Too Apo, one of the pirates
new Court
engaged at Chimmo Bay who was admitted as Queen's evidence House.
Too Apo,
at the trial of the case at the Admiralty Sessions in April, the informer,
* Previously Private Secretary to Sir Henry Pottinger-see antè p. 99.
190 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. IX. 1847. * He was now accused of extorting money from one Wong
1848. A Moon, being armed with a pair of pistols. He pleaded not
charged with guilty. For a year past this ruffian had been allowed to cut
extortion.
Police a prominent figure in the Supreme Court as an informer against
confidence
in him. alleged accomplices, and so highly had his services been esteem-
ed that, with a view perhaps of saving truth and giving an
appearance of vigilance to the judicial department, he was im-
mediately taken upon the staff of the Police as chief detector
How he of pirates . At every Sessions thereafter, he contrived to offer up
contrived to two or three victims, and his credit became such that in his case
deceive.
the confirmation usually required in the case of an approver was
His unsup dispensed with , and his unsupported testimony against pretended
ported
testimony accomplices implicitly relied on, and prisoner after prisoner
implicitly condemned . That Too Apo would abuse the power thus
relied on.
thrust into his hands appeared very evident, and , as events
Known as
an offender showed, this man was known by the Police to have actually
by the been guilty of the very offences it was supposed he would be
Police.
induced to commit, and yet he was still kept on in the Police
6
Through and his services ' made use of. Scarcely one of those accused
fear of his
influence by him but had a likely story to tell of having been called upon
he is not to pay money, or, as in one case, to surrender a sweetheart, with
denounced .
the alternative of being charged with piracy ! And these un-
fortunates, ignorant of the forms of our Courts, and perhaps
contemplating that their simple but probable declarations would
go for something against the unsupported testimony of a per-
son admittedly infamous, had as usual neither witnesses to speak
for nor counsel to defend them . At the Admiralty Sessions held
on the 24th January last, in connexion with the Chimmo Bay
piracies, another man denounced by Too Apo had also been in-
dicted, but from some imformality, some document having been
mislaid , he was not then brought to trial, but unfortunately
for himself he was remanded to Gaol till the next sitting of the
Court. He had thus suffered three months ' imprisonment, but
had thereby probably escaped either being hanged or being
banished for life, which might have been his fate had he
been tried along with the twelve others arraigned on the
occasion mentioned and had not Too Apo's own career fortu-
nately now been cut short. Upon Too Apo's conviction, as
hereinafter mentioned, this man was discharged, while those
formerly convicted on his evidence had either been hanged or
were now undergoing their sentences. What rendered their
cases more pitiful and striking was the fact now brought out, —
but only at Too Apo's trial, be it said to the discredit of the
Police Officer concerned ,-that at the time Too Apo had last
* Antè Chap. VII., p. 139.
+ Id.
Id. p. 174.
TRIAL AND CONVICTION OF TOO APO, THE INFORmer . 191
figured in the witness box against them, it was known , as Chap.
-- IX.
stated before, that the ruffian informer had been extorting mo- 1848.
ney under threats of charging other men with piracy ! ' Murder Murder
will out.
will out,' and at length he was brought to justice . He was
first charged with having on the 5th October, 1847 , gone armed
on board a boat and demanded $ 45 from one Wong A Moon before
mentioned , threatening to shoot him in case of refusal, and stating ,
also, that, being now in the pay of the Government, Wong A
Moon's life was in his hands and would only be saved by pay-
ment of the demand he made. Under this threat he obtained
$20 and afterwards $ 25 , probably all the poor man possessed ,
but possibly for that very reason Too Apo fixed upon Wong
A Moon as the next manifestation of his zeal in the public
service. The Jury in this case took a long time to deliberate,
but as one of their number, it is recorded , felt great reluctance
to convict an undefended prisoner on mere Chinese evidence, the
Judge told them , if they had a doubt, they ought to give the
prisoner the benefit of it, and he was accordingly acquitted , but
immediately afterwards put upon his trial before the same Jury on
a charge of having on the 14th January, 1848 , gone armed to one
Chum A Hee, a boatman, and demanded $ 100 from him, under
threat of charging him with piracy. This apparently had been
the second demand on Chum A Hee, who, having no more money,
told Too Apo so, and then appealed to Mr. Caldwell, the Assist- Mr. Cald-
well's
ant Superintendent of Police, ( who had taken and been given so attitude.
much credit in connexion with these Chimino Bay piracies ) . Mr.
Caldwell directed him not to pay Too Apo any money, but yet
took no steps either to prosecute this infamous character at once
or to get rid of him. At the trial it appeared that, in the month
of October, 1847 , Too Apo had gone to Chum . A Hee similarly
armed and, again referring to his character as a servant ofthe Brit-
ish Government, had demanded $80 with the usual threat. The
man, having only $ 50, raised the remainder by borrowing, and
thus escaped for a time. It appeared that Too Apo, not content
with the $ 80 blood money' formerly got from this man, now
demanded $ 100 , as he said, for Mr. Caldwell , but, finding Chum
A Hee run dry and obstinate, charged him with being con-
cerned in the Chimmo Bay piracies.
Being found guilty, Too Apo was sentenced to three years ' Conviction
imprisonment with hard labour . Strange to say, under such of Too Apo.
atrocious circumstances, the third count was not proceeded with,
nor do the records disclose that the conduct of the Police in
continuing to employ this arch-villain after they had themselves
reason to doubt of the correctness of this man's proceedings
met with any reproof either on the part of the public or of the
Government ,
192 HISTORY OF THE LAWS , ETC. , OF HONGKONG,
Chap. IX. After receiving sentence Too Apo had the effrontery to say
1848. to the Court that when his three years were finished , he hoped
His insolence they might give him three years more and afterwards hang
to the Court.
him , —thus showing a very just appreciation of his own deserts ,
which certainly ought to have been discovered long before his
services had been secured for so very little. It was now hoped
that the Governor would exercise his prerogative of mercy and
The victims extend a free pardon to those unfortunate victims of Too Apo
of Too Apo. and who had been convicted entirely upon his unsupported
testimony.
The services Justice cannot always be satisfied without the services of
of informers. such characters ; but it is at all times difficult to deal with an
informer, and it is particularly so with a Chinaman confessedly
The
ities author
and of a dangerous character. The authorities appeared to have
Too Apo . been alive to the dangerous power Too Apo held and the bad
use he might put it to, as it appeared he had been told " not to
charge any more people with the Chimmo Bay piracy !"
The other cases tried at this Sessions were of no very
great interest in themselves, but two of them gave rise to cha-
racteristic incidents which will bear reporting. At the last
Criminal Sessions three Chinese were tried , found guilty, and
sentenced to transportation for robbery with arms on board a
boat outside the harbour, and, in order to avoid the necessity of
Consular
Ordinance holding an Admiralty Court, the prisoners had been indicted
No. 1 of under the Consular Ordinance No. 1 of 1844. This Ordinance
1844.
provided , first, that the law of England shall extend to all Her
The Law of Majesty's subjects within the dominions of the Emperor of China
England. or within any ship or vessel at a distance of not more than one
British
subjects. hundred miles from the coast of China ; secondly, that Courts of
Justice at Hongkong were to have jurisdiction over Her Ma-
jesty's subjects within the dominions of the Emperor of China or
within any ship or vessel, etc.; and, thirdly, that no objection was
to be allowed to such British subjects against the locality of the
Jurisdiction jurisdiction of the Courts of Hongkong. The prisoners, having
of the Court. been residents of Hongkong, were therefore held to come under
the denomination of British subjects , which was considered
more than doubtful, the men having neither been born within
The
the British dominions nor proved to have been natives at the time
Attorney.
General the island was ceded , nor were they naturalized subjects of the
and the
practice of Queen. Other cases of the same description were brought before
trying cases the Court this Sessions . Upon the first being called , the Attorney-
committed
outside the General, Mr. Sterling , stated that during his absence he under-
stood a practice had been introduced of trying robberies com-
before the
Criminal mitted outside the harbour before the Criminal Court, under a
Court. local Ordinance, and he put it to the Court whether the present
THE CASE OF THE PORTUGUESE AGAINST MR. HILLIER. 193
case should be so tried . The acting Chief Justice, Mr. Camp- Chap. IX.
bell, explained that the course had been adopted in order to 1848.
prevent trouble, and to save the summoning of a Grand Jury, - Mr. Camp
bell, acting
both undoubtedly commendable reasons, but which, if sound, Chief
would practically have justified the abolition of the Grand Jury. Justice, on
the subject .
The case was postponed, but immediately after another was tried,
The
when the acting Chief Justice, taking the Attorney-General's Attorney-
hint, observed that the men were not British subjects, but on General and
the Acting
being told they had been arrested in the island, seemed to Chief
consider that as quite satisfactory. Afterwards, however, he Justice upon
directed the Jury to acquit the prisoners, " because their crime status of
prisoners
as British
had been committed beyond the harbour. " subjects
under
Attorney- General. " Similar cases have been tried before." Consular
Ordinance
Acting Chief Justice.-" If we have been wrong before, we No.of 1
must not persist in it. " 1844.
An admirable doctrine, certainly, if it had been acted up to, Prisoners
wrongly
and it was therefore hoped that the prisoners formerly tried and, convicted.
as it now appeared, " wrongly " convicted, would soon be re-
leased and be allowed their remedy, supposing such a thing to
have been possible with the number already transported .
On the 26th April, the case of the Portuguese now com- The case
of the
monly known as D'Assis and Pacheco, ' --( though, as men- Portuguese
tioned in August, 1846 , it would appear as if Pacheco and De against
Hillier. Mr.
Mello had been the parties arrested) * - against Mr. Hillier for
$25,000 damages , for false imprisonment, came before the acting
Chief Justice, Mr. Campbell. Originally the plaintiffs ' attorney
had set the cause down for hearing for the 14th, but suspecting
afterwards or hearing that Mr. Campbell, when acting Attorney-
General, had previously expressed his opinion to the Govern-
ment upon the case, countermanded his notice of trial, upon
which the Court felt it necessary and expedient that the case
should be gone on with and appointed this day (the 26th ) for hear
ing it, and for which day the defendant's attorney set it down
for trial. The plaintiffs ' attorney, however, now asked for an
adjournment on an affidavit stating that their principal witness
was absent from the Colony, being ill in Macao, and also pro-
duced a medical certificate. Without waiting to see whether Acting
ChiefJustice
the defendant's attorney had any objection or not to the appli- Campbell
cation, on hearing the affidavit read the acting Chief Justice directs jury
to non-suit,
refused it, and the Jury being then sworn, were directed to non-
suit the plaintiffs, in spite of the opposition of the plaintiffs'
attorney, who stated that to force on the case was tantamount to How he
a denial of justice . For this he was reprimanded by the Bench , plaintiffs'
treated the
and, says a report of the case, " the attorney was treated to what attorney.
* Antè Chap. III § III., p. 105.
194 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. IX. was intended should be a learned dissertation on what the
1848. nature of the pleadings should have been in an action of this
kind, and then followed a long address dwelling at length on
what the plaintiffs' counsel should have done ; how he would
have drawn their pleadings, and , warming with the subject, gave
the plaintiffs ' attorney a setting down for having brought the
Mr. Camp action at all. Some very bad law was quoted and delivered in
bell's 'law.'
a very placid manner. On concluding these remarks against
the plaintiffs' attorney, in order, it was supposed, to show how
equally justice was administered, the defendant's attorney now
also received a censure for want of due diligence to his client ;
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