the latter destroyed five boats, the pirates were further encoun-
tered in considerable force within fifty miles of Hongkong alter-
nately by H.M.S. Columbine and Fury, with the usual result
where discipline and skill are pitted against unaught animal
courage. The vessels named dealt destruction at a distance beyond
the pirates ' range, who were utterly routed , their boats being
burnt, and their establishments on shore demolished . Hundreds
were slaughtered , but, according to the official report, four -fifths
escaped with their lives, and none were taken prisoners. The
pirate band on the occasion was under the command of Chui The pirate
Apo, whose name is familiar to the reader from the part he andChuithe
Apo
played at Wong- ma-kok when Captain Da Costa and Lieuten- murder of
ant Dwyer were killed in February this year. Among his own Captain
Da Costa
countrymen, however, he had become notorious long before that and Lieuten
event, and, as a bucanier, was a marked man by the Chinese ant Dwyer.
Chui Apo's
authorities. His character and the fact of his being outlawed influence.
by his own Government were known locally long before the
* Antè pp. 228, 229.
260 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XI. tragedy of Wong- ma- kok , but so far from a check being kept upon
1849. him, he, or one of his gang for him, actually obtained a licence
for manufacturing gunpowder within the Colony, it being
notorious that such powder was chiefly made for the use of
Chui Apo in pirates. He was supposed to have been in command of a de-
command
of a fleet. tachment of Shap Ng Tsai's large fleet, that chief himself being
Ineffectual in the south with the main force. As a price had been set upon
attempt to
capture the head of Chui Apo by the Government, an ineffectual at-
him. tempt was made to take him alive, but he was reported to have
been severely wounded , although this was afterwards denied by
a deserter from the Ceylon Rifles who professed to be cognizant
British
of Chui Apo's movements . In the correspondence of the Bri-
Plenipoten-
tish Plenipotentiary with the Chinese Viceroy, the capture of
capture of
Chui Apo this outlaw was put forward as one of the main reasons for
main undertaking and continuing the expeditions, in the course of
reason for
continuing which the Viceroy was further told that " if accidents should
expedition. happen through ignorance on our part, the blame must attach to
the Chinese Viceroy for not having earlier caused the miscreant
to be apprehended,"'-an utterance which , it was doubtless con-
ceived, would secure the object in view .
The handing The handing over of Chinese suspects to their own Govern-
over of
Chinese ment-a subject several times dwelt upon in this work -now
suspects engaged the serious attention of the Executive, a draft Ordi-
to their
Government nance dealing with the rendition for trial to officers of their
engages own country of Chinese subjects who had committed crimes and
attention of
Executive. offences being under consideration . It seemed chiefly intended
to meet the difficulty about surrendering Chinese prisoners
against whom no charge could be made out before our own Courts,
but who were supposed to be offenders against the laws of their
own country. Two cases of this sort have already been referred
to , in which the Governor sent, or offered to give up, to the Chinese
authorities pirates or men suspected to be so , who, after under-
going examinations before the Magistrate must otherwise have
The illegality been set at liberty. From the first there was no doubt of the
of the
procedure. illegality of such a line of procedure, and the promulgation of
the present draft Ordinance only confirmed the opinion already
Ordinance expressed upon the point. The enactment became law on the
No. 2 of
1850. 20th March, 1850, being Ordinance No. 2 of that year.‡
First The unofficial Justices of the Peace convened by circular at
admission the request of the Governor, " to take into consideration certain
of unofficial
members, matters of importance to the interests of the Colony," met by
to the
Legislative appointment in the Council room of the Government Offices at
Council. noon, on Saturday, the 3rd November. The Governor opened
the proceedings by stating that he had invited the Justices to
* See antè Chap. III § III., pp. 92, 93.
† Antè p. 256.
‡ See Chap. XII ., infrà. and Vol. II., Chap. XLIX.
UNOFFICIAL MEMBERS ADMITTED TO LEGISLATIVE COUNCIL . 261
meet him in order to communicate the contents of a despatch Chap. XI.
he had received last mail from Earl Grey sanctioning his pro- 1849.
posal for the admission of two members of the civil community
into the Legislative Council . He proceeded to say that the
nomination rested with himself, but that he thought it better
for the Justices to elect two of their own number, -an announcé-
ment which, considering the oft-repeated representations upon
the point, was received with general satisfaction . He requested
the Justices accordingly, at their perfect convenience, with-
in the next month or six weeks , to return him the names of any
two gentlemen whom they might consider as eligible for the
office in question . At a meeting held on the 6th December, at Messrs. D.
Jardine and
the Club House, Messrs. David Jardine and Joseph Frost Edger J. F. Edger
elected
were elected by a majority of votes as meinbers of the Legislative by the
Council. The Justices , however, did not think this a favour- Justices
able opportunity to interfere with municipal management, and of the
Peace.
declined the Governor's offer, at the above-mentioned meeting, Municipal
to go into the question . The names having been submitted to the question not
Governor, the latter on the 17th December informed the Justices gone into.
The Governor
that he would submit them to the Secretary of State " as gentle- submits the
men in his estimation in every way qualified for seats in the names
to the
Legislative Council of this Colony." From this it appeared that Secretary
the non-official members were not to take their seats until the of State for
approval.
formality of submitting their names to Earl Grey had been The necessity
complied with. It was one of the misfortunes of this Colony for this
questioned.
that, from the earliest days, the Executive had been ingenious in
inventing pretexts by which established customs might be de-
parted from. The appointment of members of Council from the
community was no new matter, and a precedent as to the
manner of nomination and confirmation was not to be establish-
ed . The names of all nominees were reported to the Secretary
of State for the Colonies who invariably approved of them, but
in the meantime they took their seats at the Council table.
Such at any rate had been the rule in Hongkong with regard
to official members, and why the rule should have been departed
from in the persons of the two gentlemen , in the estimation of
the Governor “ in every way qualified for seats in the Legisla-
tive Council of the Colony," required some explanation . Lord Lord Grey's
Grey's despatch directing the admission of the new members to approval.
be chosen from the civil community was received on the 11th
September. Had that despatch been acted upon with the usual The despatch
celerity, these members could have been selected and have taken kept secret,
their seats by the 1st October. But this was not agreeable
apparently to the powers that be. The despatch was kept a
profound secret for nearly two months. The new members, in
place of being elected and sworn in on the 1st October, were
deprived of their seats at the Council table until the 14th
262 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XI . June, 1850, when their appointment was duly gazetted, and
1849. will be found referred to at that time.
Prize-money. On the 15th November, several interlocutory decrees for prize-
money were pronounced by the Admiralty Court, which again
sat on the 19th and 20th November. The Commissioners pre-
sent on this occasion were the Chief Justice, Captain Morgan, of
H.M.S. Hastings, and Mr. C. B. Hillier, the Chief Magistrate.
The calendar was rather a heavy one in appearance, but from
the absence of witnesses in four of the cases, the Grand Jury
reduced the number to be tried to one-half, of which again
Flaws in half broke down from flaws in the indictments, in one of which,
indictment
Escape of . however, the dropped stitch was taken up and the trial allowed
the guilty. to proceed . This was the case of the two mates of the brig
Burke and Gallant named Burke and Newton , charged with larceny on the
Newton ,
larceny on high seas by opening a box of specie and abstracting therefrom
the high seas. 5,200 rupees or £ 500 After the evidence of several of the
witnesses had been taken, the Chief Justice pointed out to the
Queen's Advocate certain errors in the indictment, and after
argument the Court ruled the indictment imperfect , and the
Jury were directed by the Court to find a verdict of not guilty.
The prisoners were then removed to enable the Queen's Advocate
to prepare another indictment, but counsel for the prisoners con-
senting to the amendment of the original indictment, the prisoners
Their pleaded not guilty, and in the result they were found guilty but
conviction.
were recommended to mercy. Burke was sentenced to fifteen
years' transportation , and Newton to twelve months' hard labour.
The latter made his escape from prison in May, 1850 , when the
matter will be found dealt with , while Burke received a free pardon
on the 24th May, 1852 , on the occasion of the Queen's Birthday,
the acting Governor having been led to take a merciful view ofthe
case through the imprisonment the man had already undergone.
The Queen In the other case, that of the Queen versus Leaong Lao Tong
r. Leaong
Lao Tong. for piracy, the miscreant got off through a flaw in the indictment.
The prisoner, In the course of the examination of one of the witnesses, it was
although
guilty, found that the ownership of the stolen property had been erro-
escapes. neously laid in the indictment, and after explanations from the
Charge
wrongly laid . Queen's Advocate and the Chief Magistrate, who was onthe Bench
as shown above, the Chief Justice decided that the flaw was fatal.
The Queen's Advocate declined to file a new indictment, and the
The prisoner prisoner was suffered to escape, evidently very much to his own
astonished
at being astonishment, for when told to leave the dock, he turned round
discharged. with a look of despair, as if he considered his fate sealed , and
stared from side to side to see which officer would seize him by
the tail and lead him forth to condign punishment. And if
A dangerous
and prospe- report spoke true, this would have been richly deserved, for the
rous thief. man was said to be one of the most dangerous, as well as most
ENGLISH LAW AND CHINESE OFFENDERS . 263
prosperous, thieves in the Colony. This pet pirate appears thus Chap. XI.
to have been rather astonished at first sight at the eccentric 1849.
functions of a law which pronounced him " not guilty " of a
crime which had only a moment before been thoroughly substan-
tiated against him , and that too by the very man he had robbed
and assaulted. His astonishment, however, must have speedily
given way to an intense admiration , not unmixed with a spice
of that eager curiosity with which a scientific mind for the first
time views the functions of a novel and untried machine, and
speculates on the means and adaptations by which the principle
at work may be extended and improved . Governed , no doubt, He is found
by this speculative idea, the pirate was actually found on the as a spectator
in Court
second day of the Sessions standing in one of the door- ways next day.
of the Court within three yards of that dock, where he had
stood only the day before, rigged out in a new suit , the
probable proceeds of his crime and eagerly listening to and
studying the process of a judicature which assuredly had
claims the most profound on the innermost sympathies of his
nature. The Assistant Superintendent of Police, Mr. Caldwell,
on seeing the man, turned him out. Here was an intelligent
Chinaman who was arraigned one day of a capital felony, up
Comments
on local
and though the crime was brought fully home to him, he judicatory.
was acquittel. The next day he enters the same Court, and
commences to study that law which, he no doubt felt, had in it
inherently " something worth knowing " to gentlemen in his
line of business. Surely, the least the administrators of that law
could have done at the time was to encourage such an enlight-
ened spirit of inquiry, by presenting the aspiring student with
a copy of Warren's " Popular Introduction to Law Studies," or
Blackstone's " Vinerian Lecture" ! --another incident worthy of
99
being enshrined amongst the " curiosities of legal literature'
when they come to be written. These contingencies, however, Carelessness
were getting rather above the average -three-fourths of the cases in getting
up cases.
sent by the Chief Magistrate for trial breaking down from flaws, Cases
discrepant evidence, and the absence of witnesses-a fact which breaking
down
could not but be too often adverted to, so long as no remedy through
was ever attempted. It might at least have served economists flaws.
with an argument for reduced expenditure, seeing that although
the Judicial Establishment , Police, and Gaols cost upwards of
£ 21,000 per annum, or within £ 3,000 of the entire revenue of
the Colony, such was the working of the present system that
out of the very small proportion of crimes brought to light, one-
half of the accused , after running the gauntlet of a vigilant
Police, two sagacious Magistrates , and a learned Attorney-
General, were suffered to escape through causes which , if not
preventible, ought at least to have kept them out of Court alto-
gether, and so enabled the Colony to reduce its establishments.
264 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap . XI. The working ofour boasted institutions was looked upon even
-
1849. by the Chinese as a mockery of justice , and , instead of checking
The working
of our crime, encouraged it by holding out so many chances for even the
institutions greatest villains to escape . English criminal law as administered
a mockery to the Chinese people, with all its subtle and unnecessary distinc-
of justice.
English tions, with all its " technical safeguards " and its foreign and
criminal law unsuitable paraphernalia, is the fruitful mother of crime, a prac-
as regards
Chinese tical absurdity, and was often , at this period of the Colony espe-
offenders.
cially, a mischievous abomination . And it was doubtless to meet
the great evil complained of, arising probably in many instances
Ordinance
No. 1 of through carelessness, that Ordinance No. 1 of 1850 , giving power
1850. to the Supreme Court to amend an indictment or information in
any matter of form or substance, was subsequently passed.
Successful
suppression The successful suppression of piracy in these waters was again
of piracy a prominent theme of discussion at this time. As hereinbefore
by the Navy
Squadron stated , H.M.S. Columbine and Fury had totally destroyed a formi-
commanded dable squadron of piratical junks commanded by the notorious
by Chuo
destroyed. outlaw Chui Apo, the murderer of Captain Da Costa and Lieut-
enant Dwyer, in February last. A second expedition , consisting of
H.M.S. Columbine, H.M.S. Fury, and H. C. Steamer Phlegethon,
with a reinforcement of officers and men from H.M.S. Hastings,
had started on the 8th October for the south- west coast in
search of Shap Ng Tsai , the great pirate chief before referred to , *
The pirate and the scourge of that seaboard for the last two years. The
fleet of
Shop Ng Tsai ships returned on the 1st December, after tracking the pirate fleet
destroyed through a most intricate and dangerous navigation down to the
in the Gulf
of Tonquin. coast of Cochin China, falling in with them in the Gulf of Ton-
quin, and totally destroying the most formidable squadron ever
The most known in these seas . No less than fifty-eight heavily-armed
formidable
confederacy junks out of sixty-four which composed the whole pirate force
ever known
annihilated . were burnt and destroyed, upwards of 1,000 guns were taken
or sunk, 1,700 pirates killed in action . and 1,000 or more
driven on shore into the swamps of the Gulf of Tonquin where
they must have inevitably perished of starvation or by the
spears of the natives, whose coast they had so long ravaged
with impunity. Now that the most powerful confederacy ever
known in these waters had been annihilated , it will probably
never be discovered upon what purposes it was bent when thus
providentially encountered and destroyed . One thing was be-
yond all doubt, that the Chinese Commissioner Su was negotia-
Chinese
Commis- ting for the services of this " southern squadron " at the very
sioner Su. moment of its destruction for some secret and extraordinary
service, but his hopes were now shattered in that direction.
Mr. Tarrant The unfortunate Mr. Tarrant against whom the charge of
asks
conspiracy to defame Major Caine, the Colonial Secretary, haed
* Antè p. 260. st
SENTENCE FOR THEFT OF C. J. HULME'S SNUFF BOX . 265
been abandoned , it will be remembered , at the Criminal Sessions Chap. XI.
of December,* 1847 , still smarting under a sense of the great 1849.
injustice which he considered he had been made a victim of, Government
to take
through his solicitor, Mr. Gaskell, on the 8th December, ad- steps
dressed the Governor, Mr. Bonham, informing him that, as his consequent
n return
upo
case had been dismissed in consequence of the absence of Lo In of Major
Tin,† Major Caine's compradore, and as Lo In Tin had since Caine's
returned to Hongkong, and Mr. Tarrant had been informed that compradore.
" Major Caine had stated to Mr. Bonham that Lo In Tin had
been in the habit of extorting moneys in his name from the lessee
of the Central Market," he "trusted that, as his client's character
was at stake through the aspersions cast upon it by the Colonial
Secretary, and which were not cleared up in consequence of the
alleged absence of the individual referred to , that His Excellency
would cause such proceedings to be adopted against the said Lo
In Tin as to His Excellency in his discretion should seem fit."
In reply, on the 10th December, the Governor caused Mr. The Gov-
ernor's
Gaskell to be informed " that the prosecution entered against reply.
Mr. Tarrant by the late acting Attorney- General , having been
withdrawn by that officer, it was not His Excellency's inten-
tion to take any further steps in the matter," and that, moreover,
Major Caine had never stated to the Governor " that in his
opinion Lo In Tin had been in the habit of extorting moneys
in his name from the lessee of the Central Market ."
The December Criminal Sessions opened on Saturday, the December
15th . There were seven cases down for trial, mostly relating to Criminal
Sessions.
misappropriation of property. The Chief Justice having to Trial of
appear as a witness on the part of the prosecution, in the first and Martinho
Los
case, or rather being really the prosecutor , the second case on the Santos for
list was proceeded with until the case in which the Chief Justice the Chief
was interested was reached . The Chief Justice then retired Justice's
snuff-box.
from the Bench and unrobed , and the Honourable P. 1. Sterling, Mr. Sterling
the Attorney- General, proceeded to take His Lordship's place tries the
and to officiate as Judge of the Court, presumably having case.
previously been appointed and sworn for the purpose, though
the records are silent as to that fact. The case against Jozé
Martinho and Dominicos Los Santos was then called , the former
for stealing the gold snuff box , the property of the Honourable Mr. The evidence
Hulme, the Chief Justice, and the latter for receiving the same Justice
knowing it to have been stolen . The prisoners, it will be remem- Hulme.
bered, had been committed for trial last October.§ The Honour-
able Mr. John Walter Hulme, having been sworn , deposed that on
See antè Chap. VIII., p. 170.
† Chap. VII , p. 130.
This was a mistake. It was the Crown Prosecutor, Mr. Parker, who withdrew the
prosecution against Mr. Tarrant. Mr. Campbell, who had instituted it when acting Attor-
ney-General, was then acting Chief Justice, but he may have advised the Government
apon, the subject.--See antè p. 241 , and Chap. VII ., p. 170 .
Antè p. 256,
266 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XI . the night of the 2nd or morning of the 3rd October last, after
1849. retiring to his bed-room , he missed the snuff box ( in Court ),
returned to the verandah, where he had been sitting, thinking
that he might have left it on the arm-chair, but it was not to be
found . The prisoner, Martinho, came up to his house to do duty
as watchman the night after the loss , but he was not aware
whether he was doing duty there when the snuff box was lost.
On conclusion of the evidence and after the summing up of the
Conviction
officiating Judge, the Jury returned a verdict of guilty on which
and sentence. the Honourable Mr. Sterling addressed Martinho to the effect
that his offence was increased by his having stolen property
which he was employed and which it was his duty to guard, but
on the other hand the temptation was very strong, and he would
therefore sentence him to eighteen months' imprisonment with
hard labour . The same remark also applied to Los Santos , who
was then attached to the Police, and whom he sentenced to
twelve months ' imprisonment with hard labour. Mr. Sterling
then retired from the Bench, and His Lordship returned and
Scale of presided at the discharge by proclamation of three Chinese against
Fees in
whom there was a paucity of evidence, and the Sessions closed.
proceedings
before
Justices On the 26th December was published a new scale of fees to
of the Peace, be taken in proceedings before Justices of the Peace.
Land. In this year the tenure of the land of the Colony was again
Committee
appointed the subject of consideration, and a Committee, consisting of the
to report Treasurer, the Surveyor- General , the Assistant Commissary-
upon
landed General, and two merchants, was appointed to report upon
tenure.
the question generally, and to represent individual cases in
which the amount of rent paid seemed extravagant. Another
subject offered to the Committee at this time for its considera-
tion and opinion was, whether it would not be for the interest
of the Colony to reserve, in all future land sales, a portion only
of the price in the form of rental , the competition being made to
turn upon the premium offered .
Historical While the Committee was sitting, an historical sketch of the
sketch of
first land first land sales in the Colony was furnished to The China Mail
sales. newspaper, and dedicated to the Committee. This sketch is
published in The China Mail of the 20th December, 1849, as
follows :-
"A gentleman, who is personally cognizant of the facts, has, at our request,
furnished us with the following history of the first land sales in the Colony,
which we beg to dedicate to the Committee now sitting on the subject :--
Hongkong as a Colony may be said to owe its existence to Mr. James
Matheson ; but for that gentleman's enterprise, in all probability it would
have been a mere military post, if its cession had even been included in the
Treaty.
Only a few of the present residents will now recollect the events previous
to the war in 1839-40. Business was conducted afloat, first at Hongkong,
HISTORICAL SKETCH OF FIRST LAND SALES , 267
and afterwards at Toonkoo Bay. No British firms resided at Canton ; the Chap. XI.
goods of that season were either sold outside , or trans-shipped in neutral
1849.
vessels, and the exchanges were effected at Canton by neutral agents.
The goods of the year 1840 were all landed at Macao, paying duties to
the Portuguese. Part was sent to Canton by the inner passage, but the
greater portion remained nearly the whole year, during the time the Canton
river was blockade , at a most serious expense for warehouse rent .
In 1841 Mr. Matheson, to avoid these expenses, resolved to land the
cotton consigned to his house, at Hongkong. Accordingly, early in that
year he sent from Macao materials for the erection of mat godowns, taking
possession of the ground now occupied by the Commissariat Stores, which
were built by him and were four feet above the ground at the time of the
land sale on the 12th June of that year.'券
There the whole of the cotton of the season was landed. The regular
godowns were rapidly finished and general trade established , with what
success may be seen by Mr. A. Matheson's evidence before the Committee
of the House of Commons.†
At the land sale on the 12th June, the first lot sold was numbered 15 in
the list it was knocked down to the late Mr. Webster at £20 , not only
without opposition, but he was laughed at for giving so much. The next
lot, No. 14, however, fetched £21 , but afterwards lapsed to Government and
was re-sold, and now pays £220. The sale then proceeded along the Queen's
Road at advancing rates, which to a certain extent was owing to the less
rugged character of the beach, to which in these days more importance was
attached than now, and also to the more central situation. Lots 1 to 13
were sold in the following order : —
LOTS. SQUARE FEET. KNOCKED DOWN TO PRICE.
£ 8.
13-14 10,800 W. & T. Gemmell & Co. 52. 10
12-13 10,600 Holliday & Co. 38. 10
11-12 11,200 II. Rustomjee. 52. 0
10-11 9,600 99 52.
9-10 8,400 Reserved .
8-9 8,100 Dirom & Co. 57. 0
7-8 7,500 Pestonjee Cowasjee. 50. 0
6-7 6,300 Hooker & Lane. 43. 0
5- 6 5,400 Dadabhoy Rustomjee. 50. 0
4- 5 6,900 Dent & Co. 65 . 10
3- 4 7,800 99 64 . 0
2- 3 7,000 Lindsay & Co. 80. 0
1- 2 6,700 Gribble, Hughes & Co. 80. 0
The sale was now moved to the ground that had been cleared by Messrs.
Jardine, Matheson & Co., and which was for the most part occupied by their
temporary buildings ; and it must be noticed, that the proximity of that firm
gave an additional value to land in its vicinity. The first lot put up was
No. 20, upon which, as already noticed, a house was already in progress.
Mr. Matheson begged that this might not impede bidders, and offered at once
£ 150 (the upset price being £ 10) at which it was knocked down. The two
adjoining lots were, after some competition, knocked down to him also at
£185 and £230 . The remaining ones in that locality were sold at £ 160,
£140, £ 150, and £ 111 . Prices then began to fall, and the six lots between
this spot and what is now called Spring Gardens, ranged from £25 to £67 ,
and all of them except one afterwards iapsed to Government.
* See Introduction, antè p. 8.
Chap. VI., p. 131.
268 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XI. The remaining locations were, after some competition, knocked down as
under :-
1849.
LOTS. SQUARE FEET . KNOCKED DOWN TO PRICE.
£
40-41 6,000 Macvicar & Co. 75. 0
41-42 9,700 29 95.
42-43 11,500 Fox, Rawson & Co. 100. 0
43-44 65,500 Turner & Co. 150.
44-15 Reserved.
45-46 99
00
46-47 30,600 Captain Larkius. 265.
47-48 35,000 P. F. Robertson. 250.
49-50 Not sold. --
51 Captain Morgan. 205. 0
The land mania in Hongkong at that period may be readily accounted
for, having originated almost entirely, from the fear of responsibility on the
part of Lord Saltoun, while Commander-in-Chief.
His Lordship would not take upon himself to erect suitable barracks and
officers' quarters for the troops. A few wretched huts, built on shelves cut
on the acclivity of a ridge at West Point, were called barracks, but were
really pest-houses, and after causing the loss of many a gallant soldier of the
55th, were abandoned and razed to the ground. The army was thus left
without Government buildings, and became dependent on those belonging to
the community, all of which had been built for mercantile purposes ; and it
was even proposed to quarter them compulsorily on the community. Major-
General D'Aguilar was accommodated in the house that had been built for an
inn, and had, in addition to an ordinary rent, to pay for the anticipated profits
of the inn-keeper. The officers' quarters were established in the house of a
merchant, at a high rent. The house on Marine Lot No. 55 was occupied
in 1843-44 as a barrack at $400 a month, and that on Marine Lot No. 46 as
an hospital at $ 300 a month. Various other houses were occupied at high
rents by officers of the army and other officials. Most of the Ordnance and
Commissariat Stores were received in merchants' warehouses. The house
in D'Aguilar Street, which in 1844-45 was occupied by the Oriental Bank,
paid a monthly reutal of $ 200, and the warehouse adjoining (then used as a
Court House) paid monthly $ 150,-the aggregate monthly rental of both
houses being now sixty dollars.
Messrs. Thomas Ripley & Co. in 1844 paid for the house now occupied by
Mr. Gaskell $250 a month, and it would appear to have answered their pur-
pose at the time, for in July, 1844, they incurred the burden of £ 320.16s. 10d.
annual ground rent for a Marine Lot, upon which they built at the expense
of £20,000, a house which they never occupied , and which was only let for
the first time two months ago to the Peninsular and Oriental Steam Com-
pany, at a rental of £ 375 per annum .
The Imperial Commissioner Keying, during both his visits, was accommodat-
ed in the houses of merchants, and at a later period the warehouses of another
merchant were converted by Government into a gaol, and paid an annual
rental that would almost have served to build one. And to this must be
added, that, at the time, the Opium Farm and Registration Ordinance had
not been imposed on the Colony, which had a very respectable trade, and,
according to the evidence of Mr. A. Matheson, an increasing one.
The demand for land in consequence was great, but Sir Henry Pottinger
would grant none ; on the contrary, he issued an order ( 10th April, 1843),*
virtually prohibiting the progress of buildings, so that even the allocations
* See Introduction , antè p. 27.
HISTORICAL SKETCH OF FIRST LAND SALES . 269
made by Mr. Johnston ceased to be available. A Land Committee, consisting Chap. XI.
---
of the two Land Officers, the Colonial Secretary, and Mr. Burgass, Sir Henry 1849.
Pottinger's legal adviser, was appointed to investigate the claims of landholders ,
and point out to Government such plots of ground as they would recommend
being resumed ; * but their proceedings were secret, arbitrary, and, as it has
since turned out, partial in the extreme.† The leases were carefully kept out of
sight till the last moment, when they were for the first time read as the condi-
tions of the land sale of 22nd January, 1844. Positively nothing could be more
skilfully got up for the purpose of exciting competition than that land sale ;
Quirk, Gammon, and Snap could not have managed it better. A more decided
case of mock auction was never recorded in a blue-book ; but there is one
circumstance that has hitherto been unrecorded , that in no small degree
influenced the high prices : A certain number of lots had been (as he
deemed unfairly) cut off land in the possession of Mr. George T. Braine,
who was present at the sale, and intimated his intention to re-purchase them
on any terms, and to appeal Home against the injustice with which he had
been treated. This was no sooner said than these lots, although numbered
about the middle of the sale, were at once put up, and he was safely bid against,
till some of them, from £25 per 105 feet square, were knocked down to him at
£54, £46, etc. This gave the grand impulse to the sale, as many present,
among whom his judgment was deservedly highly esteemed, entertained an
opinion that he thought the ground worth the sum he bid for it. Another
characteristic of this sale was, that, with the exception of some of the outer
lots, not one man in twenty could have left the room and pointed out the lot
he had purchased.
The results of such management are greatly to be deplored , as they not
only led Sir Henry Pottinger to indent for an establishment far beyond the
requirements of the Colony, but made Government at Home create an office
that was not indented for and is not wanted, at an annual expense of nearly
£200 ; and there is good authority for stating that this office was created
merely to get rid of the importunities of a troublesome hanger-on.
"It is rumoured that owing to the great scarcity of accommodation for the
officers of Her Majesty's Army, the Government intend to have recourse to
the system of billeting them upon the inhabitants." The Friend of China,
January 13, 1844. It was believed that the intention was not confined to
the officers only. ( See evidence before the House of Commons, Blue Book
No. 654 Question 1,943 .)
"The Land Officer has further been authorized and instructed to summarily
prevent the progress of all buildings ou locations which may, in his opinion,
encroach on the present, or any future line of roads or streets , and to oblige
all persons to confine themselves to the exact dimensions of the lots which
were originally allotted to them, " - Government Notification , 13th April,
1843 , Article 3. §
3847.-Do you think that the auction was properly conducted ? -My
opinion is that it very nearly resembled a mock auction .
3348. -In what respect ?-That parties who had no means of paying for
it bid against those who really wanted the land, and those parties occupied
the land while the others threw it up.- (W. Scott.)
3881. -Was any deposit required at the first sale, under Sir Henry Pot-
tinger ?-None.
* See Introduction , antè p. 28.
For the Committee's Report , see antè Chap. I. , p. 36.
Chap. I., pp. 36, 37.
§ See Introduction, p. 27.
270 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XI. 3882.-Acting under your instructions from the Governor, what reply
would you have considered yourself justified in making to any person inquir-
1849.
ing of you the penalty for not fulfilling the conditions of the sale at the first
sale I should have replied, that there was no penalty specified for their
not fulfilling the terms.
3883. They could therefore have thrown up the lots, without any conse
quences to themselves ? -Yes. (A. T. Gordon.) "
Year 1849 The year 1849 from first to last, as is seen, proved one of the
one of
the most most eventful, in different points of view, from the time of the
eventful cession of the island, and amongst judicial affairs important
since
cession of points are chronicled . The expenditure of Hongkong had
the island.
formed the subject of much comment in Parliament during the
The expendi
ture of year. The island had within itself no greater resources than
Hongkong. the rock of Gibraltar or the island of St. Helena . When taken
possession of, it had a small population of Chinese fishermen
who dried their nets upon its rocks and obtained a supply of
The revenue. fresh water from its springs . The revenue squeezed out of it
by a Chinese mandarin, cunning in the art of taxation, was, it
was believed , somewhere about £ 150 per annum. After eight
years ' occupation , the population under our rule, apart from the
The popula military, now consisted of 300 Europeans , some hundreds of Por-
tion.
tuguese, natives of Macao and India, and a few Indians employed
by the Police or as domestics ; the Chinese population was rated
at 15,000 , and the revenue computed at £25,000 , principally
Recapitula- drawn from land rents and from a Police tax. The public
tion.
meeting of January taken in connexion with the complaints
about the fees of Court and the excessive charges of the attor
ney's which led to the belief that the Colony could well do with-
out them, thereby giving at an early stage a bad name to an
otherwise deserving and necessary class of professionals ; the
murder of Captain Da Costa and Lieutenant Dwyer of the
military ; the passing ofthe Petty Sessions Ordinance and of that
increasing the Summary Jurisdiction of the Supreme Court ; the
Summers episode at Macao, nearly embroiling us with Portugal,
but leading to our recognition of the sovereignty of Portu-
gal over Macao, before the later treaties of the former with
China ; the election for the first time of non-official members to
the Legislative Council ; and , though last not least, the successful
Splendid suppression of piracy in these seas by the splendid services of
services of
the Navy. the British Navy, regarded in whatever light, whether as the cause
of humanity or civilization and practically for the benefit of the
whole world, as was also all along the British policy in opening
up China, are most important elements in themselves which bear
recapitulation.
271
CHAPTER XII.
1850-1852 .
SECTION I.
1850 .
Rule of Court.- Service of process and fee payable on the summary jurisdiction side. →
Cape Colonists disapprove of transportation to the Cape. -The Cape Anti-cor i Associa
tion.-Local opinion .--Ordinance No. 1 of 1850 for the better administration of justice.
-Power to amend informations ; the testimony of certain witnesses made admissible.→
Flaws in indictments.- Disregard for truth by Chinese witnesses. - The Chinese and the
obligation of an oath.- Chinese system of morality. -Chinese oaths.-Amongst Chris-
tians. -The heathen.-Purport of the Ordinance. -Application of Mr. E. H. Pollard to be
admitted an attorney of the Court. - Ordinance No. 6 of 1845 , s. 11.-Mr. William D'E.
Parker opposes the admission. -Mr. Pollard is admitted. - Act 12 and 13 Vict., c. 96.—
February Criminal Sessions ; conviction of Steele.- Mr. Moresby on application is permit-
ted to defend him.- His escape from gaol. - The rendition of Chinese criminals. -- Ordi-
nance No. 2 of 1850.-Mr. Holdforth, Assistant Magistrate, goes on leave. - Mr. W. H.
Mitchell acts in the different capacities.- Mr. Holdforth's dishonesty.- Mr. Holdforth as
an adventurer from Sydney. — Mr. W. H. Mitchell as editor of The Hongkong Register.--
His claims for Government employ criticized. — Mr. Holdforth and his auctioneer, Mr.
Duddell. The barque Louisa. Grave suspicions of collusion. - Mr. Duddell admits buy-
ing the vessel.--Re-sale ordered by Chief Justice.- Mr. Holdforth had left the Colony.-
His unenviable notoriety. - Custom of auctioneers bidding at their own sales. -Mr. Dud-
dell is saddled with costs. -High price at the second auction of the vessel. - Mr. Hold-
forth's mal-practices reviewed. -Neglect of the authorities. -On resignation of Mr. Hold-
forth, Mr. Mitchell is confirmed . - Constitution of Police Force again discussed. - Poor
wages. - Deaths among European Constabulary. Excessive drinking of bad liquor. - Ma-
nila men as Policemen. -Natives of Madras. -The Malay.- The author's experience of the
Malay as a Policeman.- Mr. Tarrant's index to the Ordinances of Hongkong. - Dedicated
to the Chief Justice.- Mr. Tarrant's case and his treatment. -He becomes proprietor
and editor of The Friend of China.--Land. Report of Committee - Inability of lessees
to transfer a sub-division of their lots.--The report of the Committee. - The China_Mail
upon the subject. -The opinion of the Attorney-General, Mr. Sterling, upon the inability
of Crown lessees to divide their lots in portions.-- First Criminal Sessions after abolition of
Vice-Admiralty Court.-Act 12 and 13 Vict , c. 96. - The jury saved considerable labour. - No
Grand Jury.—Court held in large upper room for first time. The accommodation. — The
Press reporters. - Pirates captured by H.M.S. Reynard. Three sentenced to death and
nine transported .--First prosecution for perjury in Hongkong.- Opinion prevalent among
Chinese that offence not punishable.-The testimony of Mr. Hillier.-- Oath no oath at all.
-How Chinese were sworn in Hongkong. The prisoner had been sworn by ' burning paper.'-
Efficacy ofsuch oath. - Origin of such oath. -Ceremony of cutting off a cock's head as part
of an oath.- Refusal by the Court to depart from usual routine. - Oath by cutting off cock's
head recorded. - Chief Justice's sentence. -Although first trial for perjury, not first offence.
-The sentence.- Practice heretofore of not requiring witnesses to leave the Court.
-Rule in Scotland. -Interpreter for Malay, Hindustani, and Portuguese advertized for ·--
Duties of Census and Registration Officer performed by Mr. May, Superintendent of Police.
Governor leaves for northern consulates. -Major-General Staveley acts. - Cause of Mr.
Bonham's tour. - Convicted pirates hanged at West Point. - Disgraceful scene at the exe
cution. The authorities blamed.- Old and rickety state of the gallows. - Prisoners
pardoned on Queen's Birthday.--European convicts Steele and Newton escape. They are
re-captured dead drunk. They and a fellow-prisoner, McIlroy, who had aided them, are
committed for trial.- Zeal of the Police before the arrest of the escaped convicts. - A . Po-
lice Sergeant shoots a Chinaman. - Verdict of accidental death.-- Strictures of the Press
Mr. Caldwell rewarded. He is appointed interpreter to the Supreme and Chief Magis.
trate's Courts.- His income in the other positions.-On the representation of the Governor
to Lord Grey,he is allowed head-money for suppression of piracy.- Mr. Caldwell's conduct
in the past concerning Too Apo.--Comparison drawn between trial of civil cases in Hong
kong and Singapore. - Commissioner of Court of Requests in Singapore not a professional.
-Mr. Campbell alluded to as a ‘ beauty.'-Appointment of Messrs. Jardine and Edger as
272 HISTORY OF THE LAWS, ETC. , OF HONGKONG.
Chap. XII . members of the Legislative Council notified. - They are sworn in. -A seat in the Legisla
tive Council as an honour.-Limited powers of the elected members.-- Death of Mr. F.
1850-1852. Smith, Deputy Registrar. His career.—) -Public liberality and sympathy to his family.-
Office of Clerk of the Court and Deputy Registrar merged and conferred upon Mr. W. H.
Alexander.-The time of the Registrar. -Establishment of the Supreme Court at this
period . -July Criminal Sessions. Case of conspiracy to sell a girl for purposes of prosti-
tution.-A man and woman convicted and sentenced. - They are found to be man and
wife and are discharged, two being required to a conspiracy. - English Criminal Law un-
suitable.- Chinese neither fathom our justice nor understand our law. - Legal flaws again
commented upon. Police Magistrate and Mr. Sterling, Attorney-General, taken to task. —
Trial of Steele, Newton, and McIlroy for prison-breaking.- Newton, an educated man.—
Facilities for escape great.-Only went out of prison for a spree on the Queen's Birth-
day.-Newton and Steele calculated on ' slipping in ' as they had ' slipped out.'- The costly
Gaol not so bad a placc. -Sentence on the prisoners. -Ten Chinese sentenced to death.-
Articles of evidence abstracted after trial.-The Attorney-General says he will speak to
the Sheriff. - Indignant at the strictures passed upon him, Mr. Sterling requests a local
journal to remove his name from list of subscribers. — Comments . -First recorded unplea-
santness concerning Mr. Sterling.—Mr. Gaskell gazetted Proctor in Admiralty. - Hong-
kong in the House of Commons. The annual parliamentary vote discussed.-- Salaries of
Governor, Chief Justice, Attorney-General, and Chief Magistrate criticized . - Commutation
of sentences of death passed on Chinese, to whom Chief Justice had held out no hope of
mercy. Misplaced leniency of the Governor.- Example required to prevent Chinese from
committing piracy and murder. -Comparison with our own countrymen. - Fresh facts jus-
tifying clemency. - Interference with the Court's decision the cause of friction with the
Executive. Passage for Chinese convicts to Penang.- Massacre on board French ship
Albert by Chinese coolies. -Arrest of the coolies.-The investigation. - Lengthy detention
in prison.--Admiral Austen succeeds Sir F. Collier. —October Criminal Sessions .-- Pirates
sentenced to death. - Case of Ed. Cousens and Ed. Neill, of the Kelso, for causing a
revolt on board . -The sentence.-- Mr. Caldwell takes leave. - Mr. Clifton acts as Assistant
Superintendent of Police. -Chinese convicts shipped to Penang. - Governor Bonham
knighted.—The installation.- December Criminal Sessions.--The jury object to the inter-
pretation of Tong Achik, the Court Interpreter.-The Chief Justice says ground should
be as open as the objection.'-Interpretation question, the repetition of an old complaint.
-Tong Achik afterwards found unfit. —Order that interpreters not eligible for Consulships,
Scholars eschew the Canton dialect . -Governor Bonham's care as regards legislation.—
Ordinance No. 5 of 1850.
SECTION II.
1851 .
Land. Despatch of Earl Grey in reply to Governor Bonham. -Ordinance No. 1 of 1851,
-Depositions of absent witnesses read at trial. — Proposal of Justices of the Peace that
Police Force be under control of a Municipal Committee. -Governor's offer.--Escape from
gaol. -Departure of Lieutenant Pedder on leave. The Marine Magistrate's duties, how
performed.Chinese oaths.-" Cutting off a cock's head." -The first form of oath record-
ed.-Cock birds at a premium. - Considerable perquisite to Court keepers. - Capture of
Chui Apo, the murderer of Captain Da Costa and Lieutenant Dwyer.- How capture effect-
ed. Chui Apo's statement. -Admitted being implicated in the murder. - He held office
under the Canton Government.- Doubts as to legality of Chui Apo's capture.- Special
Sessions for trial of Chui Apo. -The trial. - Mr. Gaskell's preliminary objection as to ju-
risdiction . -Chui Apo had been kidnapped . -The Chief Justice on the point . - Plea. Chui
Apo stands mute.- Provocation.--The Chief Justice's charge to the jury.-Verdict of
manslaughter. -Transportation for life. -After sentence Chui Apo inculpated the deceased
officers. He threatens suicide --Preferred death to transportation.-- Despite warnings to
Gaol authorities he carries out his threat.-- Found hanging in his cell. - Felo de sc.--Verdiet
of manslaughter commented upon locally and in England. -The tablet in St. John's Cathe-
dral. -Departure of Lady Bonham and Major-General Staveley. -Appointment of Major-
General Jervois to succeed Major-General Staveley. His Secretary, Captain Maclean,
B.A. - February Criminal Sessions.- The Chief Justice refuses to allow depositions of
absent witnesses to be read under Ordinance No. 1 of 1851. - The Sessions adjourned.—
Admission of Mr. J. Tarrant as an attorney of the Court.- Decision of Her Majesty's Con-
sul at Canton against the master of the Lady Mary Wood upset. -Consular decisions
reversed.- Civil appeals to the Supreme Court of Hongkong from Consular decisions.-
Consular Ordinance No. 3 of 1847. -Governor Bonham leaves for Canton. - Wreck of the
Lord Stanley with convicts on board. -Objection in the Straits Settlements to transporta-
tion thither.Ordinance No. 2 of 1851 regulating the jurisdiction of the Supreme Court.—
Arrival of Major-General Jervois. -April Criminal Sessions. Mr. W. T. Bridges admitted
to the local Bar.-The Chief Justice's remarks. - The part Mr. Bridges afterwards played
in the administration of local affairs. —An important point affecting the two branches of
the profession. Mr. Bridges loses no time. - His objection to Mr. Gaskell appearing as
counsel. - The Chief Justice. Practice of solicitor, appearing as counsel stopped. — Phii-
ANALYSIS OF SECTIONS. 273
Chap. XII.
lips, Moore & Co. r. Arnott, -Case exposed pernicious system of allowing unqualified_per-
sons to act as attorneys.-The Royal Asiatic Society holds meeting in Supreme Court 1850-1852.
building. The Jury Ordinance, No. 4 of 1851. - Land. Secretary of State directs all Crown
lands to be sold at public auction. - The Petty Jurors memorialize the Governor.- Parlia-
mentary vote for Hongkong discussed in Parliament.- Mr. Clay, M.P.. on the Chief Jus-
ticeship. -The Governor goes to Canton under instructions. -Illness of the Chief Justice.
-Death of Dr. Gutzlaff. His career. -The fortune he left.- Ordinance No. 14 of 1845.
Abatement of nuisances . An assault committed to obtain a judicial decision. —Clause in
leases under which property held in the Colony.-- Obnoxious trades. —Mr. Hillier's opinion
upon application of clause 12 of section 2 of Ordinance No. 14 of 1845. - The evidence of
the defendant who committed the assault.- Defendant fined. - Malay and Javanese law
of homicide. Case of Selico, who murdered his wife.- Coroner's inquest. The jury find
justification according to usage of Malays and Javanese. -At the October Criminal
Sessions, he pleads guilty and is sentenced to death.- Departure of Mr. Hillier for Shang-
hai. -Ordinance No. 4 of 1851. - Ordinance No. 7 of 1845 , -Ordinance No. 4 of 1849.--
The law of arrest and the manners and customs of the Chinese.--Chun Atce r. You Tsoi.—
The defendant, a girl, pledged for debt due.- Chinese oaths. -Ordinance No. 9 of 1845,
s. 1. - On plaintiff burning a bit of paper ' in support of· declaration, defendant com
mitted to prison.-- Defendant before Chief Justice denied pledging her body.'-Chinese
custom warranting the transaction.-- Cases contra bonos mores suggestive of Chinese
character. The noted Police Court interpreter Tong Achick -Police Court interpreter
advertized for. - October Criminal Sessions. The new Jury Ordinance No. 4 of 1851
brought into operation. --Several jurymen summoned from the same firm.-Case against
Chinese Constables for extortion by laying brothels under contribution.- Extortion of
long standing. The sentence. - Their confession. Case of Chow Sam Mooey for keeping
a brothel. Governor remits sentence obtained on the testimony of the Constables. - The
jury discharge another similar case. - Rider to their verdict.- Governor Bonham proceeds
to Shanghai,-Illness of the Chief Justice. -Crowded state of Supreme Court hall.-Mr. Ster-
ling acted for Chief Justice on the summary side of the Court. - Magic words attributed to
Mr. Sterling.-A bill of costs for revision by the Court. All the lawyers in attendance.--
Complaint arose because previously no counsel in the Colony.- Fees allowed to counsel
not considered sufficient. -Attorney-General of opinion that counsel coming to Hongkong,
having no Government salary, ought to be well paid.-Matter remitted to Registrar.-
Chinese oaths. Trial for perjury. - The jury and the unsatisfactory manner in which Chinese
are sworn. The attitude of the Attorney-General. -A false witness pleads guilty of per-
jury. Jury criticize mode of swearing Chinesc.- The Chief Justice upon the practice.
The jury express their opinion. -A juryman upon " the cutting off of a cock's head."-
Mode in vogue at this period. Paper burning.--Mr. Caldwell, the Chinese Interpreter,
upon paper burning as an oath. The Chief Justice quotes an authority.-A juryman upon
the point. Various forms of oath in use amongst Chinese.-The evidence of Ching Kum
Cheong upon the point. -The Attorney-General suggests a simple affirmation. - No oath
in Chinese Courts. -The Attorney-General objects to a juryman on account of his views on
the subject. -The Jury express a wish that point in dispute be fully decided.- The Chief
Justice express thanks to jury for bringing matter forward. - Mode of swearing Chinese
witnesses in early days disclosed. —January Criminal Sessions, 1852. The Chief Justice to
the jury on the subject of Chinese oaths . -Correspondence thereon. —Mr. Caldwell upon
the subject. Further letter from Mr.. Caldwell upon the subject of Chinese oaths . - No
change and system in force adhered to.--Simple declaration introduced by Ordinance No.
2 of 1860.
SECTION III.
1852 .
Piratical lorchas in command of Europeans and Americans. - Government unwilling to
acknowledge discreditable connexion. - The local authorities as regards the Macao Govern-
ment.---Extensive piracies. - Horrible murder of a Portuguese naval officer. - The facts.--
The Portuguese boat Adamastor.--A piratical boat flying the English flag commanded by
an Englishman.--Wm. Fenton, the pirate.--Fenton arrested by Lieutenant Miranda, of
the Adamastor. Lieutenant Miranda stabbed by the pirates -His body thrown into the
water. The fate of those who accompanied him. - The Adamastor fires on the pirates who
sail away with Fenton. -Hand of Providence at hand. - Fenton continues his piracies.--
His capture by Chinese and arrival in Hongkong.-Found not guilty of accessory to
murder,' while several Chinese charged with piracy are sentenced to death. - Indignation
of the Portuguese. -Fenton is arraigned on a charge of consorting with pirates.--Found
guilty and convicted.--His confessions.- Conclusions. -Consular Ordinance No. 2 of 1852.
Right of appeal to the Supreme Court from Consular decisions taken away --Consular
Ordinance No. 5 of 1844.-Consular Ordinance No. 2 of 1847.-- Discretionary powers as to
allowance of appeal.--Great dissatisfaction.--Inconvenience to the Court by public passing
through the door-way nearest the Bench.--Notice board put up by order of Chief Justice
limiting passage to professionals and a few others.--Order a standing one ever since.--
274 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Table of Fees in the Vice-Admiralty Court,--February Criminal Sessions.--Regina v.
Booray and Others. Murder of John Paterson, of the Corcyra, by Malay sailors. - Sentence
of death recorded.-Extraordinary conduct of the Chief Justice.--As the Governor had
interfered with a previous sentence of his, the prisoners were entitled to the same leniency.
Public opinion. -Governor not altogether blameless.- Death of Booray in gaol.--- Death
of Admiral Austen.
Ch . XII § I.
<
Rule of Ox the 2nd January, 1850, the Legislative Council passed and
Court. approved of a Rule of Court relative to the service of process,
Service of
process and and the fee to be paid therefor, on the summary side of the Court.
fee payable
on the The Cape Colonists had expressed disapproval of the transport-
summary
jurisdiction ation of convicts to their Colony, ordered, as may be re-
side.
collected , under instructions from Home in September, 1848 , and
Cape
Colonists repeated in February and July oflast year. On the 10th January,
disapprove the Cape Anti - convict Association resolved that the thanks of
of transport
ation to the Association were due to Captain Toby, of the Frederick Huh,
the Cape.
for having declined to convey the convicts from Hongkong to
The Cape
Anti-convict the Cape, and to Mr. Billingsley, the owner, for having given
Association, him timely information as to the state of the public mind at the
Local Cape. Nowthat the Cape Colonists had declined the honour of
opinion.
their company, people in Hongkong had some curiosity to learn
the next place intended by Lord Grey as a receptacle for Euro-
pean convicts, evidently losing sight of the fact that the order
of July above referred to authorized transportation either to the
Cape " or Van Diemen's Land according to convenience of
passages . "+
Ordinance A short, but in some respects important, Ordinance now came
No. 1 of
1850 for into force. It was that passed on the 15th January, 1850,
the better
administra- No. 1 of that year, the object of which was to secure the better
tion of administration of justice and the improvement of the law of
justice. evidence in criminal cases. Power was now given to the Su-
Power to
amend preme Court to amend informations at trial, and the testimony of
informations ; witnesses was not to be excluded by their incapacity from crime.
the testimony
of certain Those who bestowed any attention upon trials in the Supreme
witnesses Court, where Chinese appeared either in the dock or in the
made
admissible. witness -box , could not have failed to be persuaded that something
was required to be done in order to secure the ends of justice,
not less in protecting the innocent than in convicting the guilty.
The present Ordinance was intended to meet the defect ;
but the main provision was in reality nothing more than con-
ferring a power upon the Judge to amend during the trial that
which ought to have existed . Though it was notorious that at
every Sessions a large proportion of the prisoners escaped through
Flaws in flaws in the indictments, it was also certain that this could not
indictments. have happened had the indictment been drawn with anything like
care. The Ordinance simplified proceedings by leaving the attain-
* On this subject see antè Chap. XI., p. 226, and references there given.
† See antè Chap. XI ., p. 250.
OFFENCES WITHIN ADMIRALTY JURISDICTION. 275
ment of the end in view to the discretion of the Judge instead Ch. XII § 1.
of loading indictments with a multiplicity of counts. English- 1850.
men who were in the habit of attending the Courts could not
fail to be struck with the disregard for truth at times exhibited Disregard for
truth by
by Chinese witnesses . It was not generally displayed in any Chinese
vindictive feeling towards the accused , and rarely bore upon any witnesses.
very essential part of the evidence ; still it had the effect of
shaking the whole testimony, and sometimes operated favourably
for the prisoner. In addition to the usual chapter of doubts,
by which the prisoner was benefited, he thus had fresh chances
from this defect in the national character. Justice took advantage
of it no doubt , but it was desirable that it should not be frus-
trated by perversions of truth. Like other heathen , the Chinese The Chinese
have very loose notions of the obligations of an oath, and in the and the
obligation
ordinary affairs of life they tell an untruth without hesitation , of an oath.
nor are they ashamed if detected . The evil is a serious one , and
one for which there is no certain cure. Their system of morality , Chinese
which, in China , is religion, does not enforce upon them the system of
morality.
importance of truth, and an oath sits very lightly upon the Chinese
conscience of those who have no conception of the deity, and care oaths.
very little for the future. Among all persons professing Chris- Amongst
tianity, truth is hedged in, guarded alike by the religious and Christians.
the irreligious , but among the heathen it is cared little for, -to The heathen,
them it would be an inconvenient acquisition .
The Ordinance was, no doubt , intended to check the evils Purport
spoken of, and in a degree it would probably have the effect of othe
Ordinance.
putting justice in a better position for the prosecution, convic-
tion, and punishment of criminals .
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