the-history-of-the-laws-and-courts-of-ho — Page 26

for
law of England, the Chief Superintendent, consuls, and vice- the Supreme
consuls, within their respective districts , were empowered to Court of
Hongkong.
inflict punishment not to exceed in any case a fine of $ 1,000 , or
twelve months' imprisonment, or to send the case for trial be-
fore the Supreme Court of Hongkong.
The power of
The power of deporting refractory subjects was further vested deporting
in consular officers. refractory
subjects.

Such, in its broad outline , was the Order -in - Council , and such Generally.
the nature of the powers and authorities vested in the Chief
Superintendent of Trade, and his subordinate officers, to enable
them to control the general body of British subjects resident in
China, and to regulate their intercourse with one another and
with the Chinese. *

On the 20th September, the Legislature passed Ordinance Ordinance
No. 1 of 1853 for the regulation of the Gaol of Hongkong. No. 1 of
1853.

The Government Gazette of the Colony was published for the Publication
of first
first time, on Saturday, the 24th September , 1853. Prior to Government
that date, all Government Notifications had appeared in The Gazette.
Daily Press by contract, as to which, needless to say, bickerings Order Her Ma-of
not infrequently arose amongst those interested . jesty in
Council of
13th June ,
An Order of Her Majesty in Council, dated the 13th June, 1853, 1853,
establishing Rules and Regulations in Appeals to the Queen-in- establishing
Council from the Colonies and India, was published on the 14th Rules in
appeals to
October. the Queen-
in-Council.
See further in reference to this Order and its working, Vol. II . , Chap. XLII.
338 HISTORY OF THE LAWS , ETC. , OF HONGKONG .


Ch. XIV § 1. On the 8th November, Lieutenant Pedder, the Harbour Master
1853. and Marine Magistrate, proceeded on leave of absence, his duties
Mr. E. R. as a Marine Magistrate being performed by Mr. E. R. Michell *
Michell
replaces "under the general supervision of the Honourable C. B. Hillier,
Lieutenant Esq ." On the same date Government called for tenders for
Pedder
on leave. the conveyance of nine Chinese convicts to Penang.
Tenders for
conveyance The Government apparently now seemed inclined to give
of convicts to the Chinese a freer hand than heretofore in the determination
Penang.
Determina- of affairs more immediately concerning themselves, and on the
tion of
Chinese 2nd December the Legislature passed Ordinance No. 3 of 1853 ,
affairs. entitled " An Ordinance to extend the duties of Chinese Tepos
Ordinance
No. 3 of appointed under Ordinance No. 13 of 1844 ; to determine their
1853. emoluments ; and to provide for the amicable settlement of civil
Duties of
Chinese suits among the Chinese population of Hongkong. " When
tepos under
Ordinance the Colony was first taken possession of, and it was quite un-
No. 13 of certain whether its future rule would be entrusted to the chief
1844
extended. of the garrison , General Gough drew up a code of laws for the
Settlement government of the Chinese part of the community, the working
of civil
among suits of which was mainly to be confided to the people themselves ;
Chinese. but, owing to the great opposition shown to the Chinese being
Code
by of laws given any share in the administration of justice, the matter
General
Gough dropped. The present Ordinance was therefore evidently meant
for the
governm ent as an experiment only.
of the
Chinese The preamble commenced as follows. " Whereas disputes oc-
community. casionally arise among the Chinese population of this Colony
Opposition which might be more conveniently and amicably settled by the
to Chinese
being given tepo, aided by the respectable Chinese inhabitants, than before
share in the i
administra- an English tribunal " -but what a ' tepo ' was, there was no in-
tion of terpretation clause to tell. Ordinance No. 13 of 1844, " for the
justice.
Ordinance appointment and regulation of native Chinese peace officers
No. 3 of 1853 [ Paouchong and Paoukea ] , " was the first attempt at legislation
experimental for the benefit of the Chinese, but so little had been seen of the
only.
The pre- superior and inferior native Chinese peace officers appointed
amble. under that Ordinance, at the Courts, that what these were or
A 'tepo.' what their functions consisted of, no one seemed to know. In
Ordinance
No. 13 of providing Ordinance No. 13 of 1844, Sir John Davis doubtless
1844.
was guided by the very best intentions, but, as in a good deal
Paouchong
and Paoukea more of his governmental acts, not much success had so far
Chinese attended the enactment, and the present Ordinance was by no
peace
officers. means well received either. The main opposition to the Chi-
First attempt nese being entrusted with the administration of the law at all
at legislation was due to their corrupt notions of justice as compared with
for benefit
of Chinese. ourselves.
Main opposi
tion to As the matter is of some importance, it is considered advisable
Chinese
being here to reproduce what was said at the time upon the subject
* See antè Chap. XII. § II., p. 296.
 TO NEW YORK
PUBLIC LIBRARY



ASTOR, LENOX AND
TILDIN FOUNDATIONS

D
SIR JOHN BOWRING.
 DR. BOWRING SUCCEEDS GOVERNOR BONHAM . 339


by the local exponents of public opinion , and which fairly re- Ch. XIV - § I.
presents the state of affairs at the present time :-- 1853.
entrusted
“ We have been, are, and always will be, the consistent opponents of giv- with
ing the administration of the law into Chinese hands, and we do it on the administra
strong belief we have, that from the Emperor on the throne to the beggar on tion of
the law.
the dung-hill, there is not a Chinese who is not prepared to lie and support Public
his lie with an oath ; and further, that with the little existing power of pub- opinion on
lic opinion, there is not one who is not prepared to be bribed ; for which rea- the point.
sous we are strongly opposed to the administration of justice by Chinese to
Chinese in a British Colony. A pamphlet on the administration of the na-
tive laws in the Madras Presidency, written lately by a barrister, Mr. Norton,
clearly showed that the fine, liberal measure, the permission given to the
natives to govern themselves by their own laws, had been a perfect curse to
them. Instances are piled up in which for a matter of litigation not ex-
ceeding ten rupees, and in some cases even less, the cases have been tried
five times over. To talk of the uncertainty of English justice after that, is
absurd.

There are no more corrupt people upon earth than the Chinese, and even
taking the Act at its best, what advantage of time and expense is gained by
it ? Suppose no bribery, still there was a tax leviable on the whole commu-
nity. The assessors must be paid either by the public or the assessors ; they
cannot be made to work without pay as Englishman do . The case is heard
and decided by the tepo and assessors, but that does not end the matter ; it
is again to be tried in the penetralia of the Chief Magistrate's brain ; wherein
is time gained ? There is no medium in this matter, either the Chinese must
govern themselves wholly without English interference, or they must be
governed by English laws, administered by Englishmen , without the clumsy
superposition of a layer of Chinese law upon what will be, in reality, au
Englishman's decision. The Government have, in this instance, followed
out a system which it is highly desirable they should do on all occasions ;
they publish the draft of an Ordinance upon which they call for public opi-
nion. It remains with them to place a value upou that public opinion and to
act thereon."


Both Ordinances Nos . 13 of 1844 and 3 of 1853 were repealed Ordinance
in 1857 by Ordinance No. 6 of that year, showing thereby that No. 6 of 1857 .
the measures had not been successful.
Ch. XIV § II.
1854.
The London Gazette of the 10th January, 1854, contained the Dr. Bowring
appointment of Dr. Bowring, Consul at Canton, now on leave of appointed
Governor of
absence in England, as Governor of Hongkong, and Her Majesty's Hongkong
Plenipotentiary and Chief Superintendent of British Trade in and Her
Majesty's
China , and the mail which arrived in the Colony on the 26th Plenipoten-
February confirmed the report , which had long been current, that tiary, etc.
Dr. Bowring had been appointed successor to Sir George Bonham
in all his offices . The appointment was well received by the English
English leading journals, metropolitan and provincial, and also opinion,
locally.

Dr. Bowring
On the 14th March, Dr. Bowring was presented to the Queen, presented
when he received the honour of Knighthood . He arrived in to the
Queen and
Hongkong in the evening of the 12th April, and landed the next knighted .
340 HISTORY OF THE LAWS , ETC. , OF HONGKONG.

Ch. XIV § II. morning with his family amidst the customary honours . At
1854. noon he was sworn into office, Colonel Caine, the Colonial |
HisHong
arrival Secretary, being sworn in at the same time as Lieutenant-
in -
kong. Governor, the different Commissions being duly published the
Colonel next day.
Caine,
Lieutenant-
Governor. Consequent upon the promotion of Colonel Caine, Mr.
Mr. Mercer, Mercer, the Colonial Treasurer, was appointed Colonial Secre-
Colonial
Secretary tary, and Colonel Griffin, of the Royal Artillery, as Command-
rice Caine.
ant of the Forces . in the place of Major - General Jervois who had
Colonel
Griffin , R.A. , proceeded to England . Colonel Griffin was also accorded a seat in
commanding the Executive Council. It was therefore intended that, though
the troops ,
a member Colonel Caine's commission was to be effective only in the
of the absence of Sir John Bowring , yet the latter would not interfere
Executive
Council. in local matters except where his supreme authority was indis-
Colonel pensable ; and on the 15th April appeared a Government Noti-
Caine's
Commission fication " that all communications to the Government on matters
only effective regarding the Colony, were for the future to be addressed to
in the
absence the Colonial Secretary for submission to the Lieutenant- Gov-
of Sir John ernor." Mr. Mercer was at the same time gazetted a member
Bowring.
Mr. Mercer of the Executive Council . This notification , as will be seen
a member hereafter, was cancelled in June, 1855 .
of the
Executive
Council. Sir George Bonham left Hongkong on the 15th April for
Departure Singapore to spend a few days with his old friends in the Straits
of Sir
George before returning to England . His policy was unfavourably
Bonham. commented upon, especially in regard to his interference with
His policy in judicial decisions and the curtailing of the powers of the
Hongkong.
Supreme Court at every opportunity, though the latter had
wanted nothing from him except a proper staff of interpreters.
Whatever his policy, however, he left Hongkong full of honours
and wealth, gained by a long career of official service in which
he had steadily risen to his present position .


Supernu- In regard to interpreters, it may here be noted that, availing
merary himself of the occasion of the appointment of a new Chief Super-
interpreters
attached to intendent of Trade, the Foreign Secretary, the Earl of Clarendon ,
Consular
Establish on the 11th February, informed the Lords Commissioners of
ment the Treasury of his intention to increase the number of
increased. supernumerary interpreters attached to the consular establish-
ment from three, the then number, to ten.


Mr. Bridges On the 3rd March, Mr. Bridges, the Barrister, sought the
consults
the Chief opinion of the Court upon a matter in connexion with an ad-
Justice upon vertisement which had appeared that morning in a local paper
& matter.
in respect of the Union Bread Company. In reply, His Lord-
ship informed Mr. Bridges "that he did not sit there as a
 ADMIRAL STERLING SUCCEEDS ADMIRAL PELLEW, RECALLED . 341


consulting surgeon, and that if the parties wished to go to Ch. XIV § II.
law, they could do so , ” -an appropriate answer under the cir- 1851.
cumstances The Chief
Justice's
reply.
On the 15th March, Government called for tenders for the "The Court
does not
passage of twenty- six Chinese convicts to Singapore . sit as a
consulting
Severe strictures , it will be remembered , had been passed surgeon. "
in England in the leading papers when Admiral Sir Fleetwood Tenders for
passage of
Pellew was first selected for the command of the East Indian Chinese
convicts
Station, The Times notably, remonstrating with the greatest to Penang.
earnestness against the appointment . * This was due greatly
to the fact that forty years had elapsed since Admiral Pellew
had been at sea or actively engaged in the duties of his pro-
fession. Disagreeable events , partly arising from his cruelty ,
had frequently occurred while the Admiral, as Captain Pellew,
had held command, and in cases where ships' companies had
previously been remarkable for discipline and good conduct.

On the 8th November, 1853 , a mutiny had taken place on
board the Admiral's flagship , the Winchester, in the harbour
of Hongkong, when the crew, who had not been permitted
to go ashore for eighteen months,† resolved to send a peti-
tion to the Admiral on the subject. The only reply which
the Admiral vouchsafed to it was, that the ship should be
got ready to sea , in consequence of which disturbances occurred
on board, in repressing which , two men were severely wounded .
The Times, in the course of a long article highly detrimental
to the Admiral, asked for his immediate recall and dismissal
" from an employment for which he was clearly unfit."

On the 11th March, 1854, the P. & O. Steamer Pekin arrived The recall
of Admiral
in Hongkong with the English mail of the 24th January, Pellew.
conveying the news that Admiral Pellew had been recalled ,
and Rear- Admiral Sir John Sterling appointed in his stead.
On Thursday, the 16th March, Admiral Pellew left the
Winchester under a parting salute, in his barge manned by the
officers of his ship for the Barracouta , on board of which vessel
he hoisted his flag, and shortly afterwards the Barracouta
steamed out of harbour for Trincomalee, where the Admiral
left her and proceeded to England by mail steamer. Admiral
Sterling
On the 11th May, Rear- Admiral Sterling arrived in Hong. Succeeds
kong in H. M. S. Barracouta , and shortly afterwards shifted his Pellew.
Sec antè p. 335.
One reason given for this afterwards was to avoid a certain diseas : rampant in
Hongkong contracted by the men when on shore - See further on this subject, Chap. XIX.,
infrà.
342 HISTORY OF THE LAWS , ETC. , OF HONGKONG .


Ch . XIV § II. flag to the Winchester. He, however, did not remain long on
1854. the station, leaving for England in January, 1856, Rear- Admiral
Admiral Sir Michael Seymour, his successor, arriving in Hongkong in
Seymour
as successor May following.
to Admiral
Sterling.
Death of On the 16th March, Lieutenant Pedder, R.N. , the Harbour
Lieutenant
Pedder, Master and Marine Magistrate, died at Ryde, in the Isle of
the Marine Wight , whilst on leave. He was succeeded by Captain Thomas
Magistrate.
Captain Vernon Watkins, R.N. , who assumed duties in the Colony on
T. V. Wat- the 8th August, 1854. The notification regarding his appoint-
kins, R.N.,
replaces ment stated also that " all marine cases, save those connected
Lieutenant
Pedder. with Chinese, would, in future, be entertained by the Marine
All marine Magistrate. "
cases, except
Chinese,
entertained
By Lieutenant Pedder's death, the Government was deprived
by Marine
Magistrate. of the services of one of its oldest and most experienced officers.
As will be recollected , he first joined the service in July, 1841 ,
a few months after the cession of Hongkong ‡



* " Death. On the 22nd April, 1865 , at Woodbridge, Guildford, Adıniral James Ster-
ling, Kut., (formerly in China) in his 75th year." Press Notice.
+ See antè p. 338.
See Introduction, antè p. 9.
 343




CHAPTER XV .



1854 .

Chief Justice Hulme leaves for England on sick leave. - Departure of Major-General
Jervois and Captain Maclean, B.A. - Valedictory addresses to the Chief Justice before
his departure by the community and the legal profession. - Supplementary address
to the Chief Justice. - Mr. Sterling, acting Chief Justice. - Mr. Bridges, acting Attorney-
General.- Chinese interpretation. - Professor of Chinese at King's College, London. —
Encouragement held out by Foreign Office to students. - System hitherto in force.--
Assistants in the Superintendency or Consulates. -The scheme of the Foreign Office.
School of interpreters . -Precursor to Colonial system of student interpreters. - Mr. Sum-
mers, of Macao celebrity, as Chinese professor. -The Attorney-General on penalties at-
tached to lottery advertisements.- Act 6 and 7 William IV. c . 66. - Free pardons on
Queen's Birthday. Declaration of war against Russia -Superintendency of Trade
removed to Shanghai. - New Justices of the Peace.-- Mr. Hillier, a member of the
Executive Council.--Auxiliary Police Force. -Additional rate raised for payment of the
Force. -Auxiliary Force disbanded. --June Criminal Sessions. Chun A Yee, a transported
convict, found at large in the Colony. -The sentence. Regina r. Chun Chuen Tai and his
wife, Chun Cheong She, for murder of Mr. Perkins, an American. - The facts. - Sentence of
death. The woman quick with child . - Sentence of death on the woman commuted.—
Chun Chuen Tai executed. -Disgraceful execution. - Chun Chuen Tai's attempt to bribe the
turnkey before his execution. - His offer reduced to writing.-The woman Chun Cheong
She is afterwards pardoned . - Tenders for passage of Chinese convicts to Singapore Return
of the Assistant Magistrate, Mr. W. H. Mitchell, after his divorce.- July Criminal Ses-
sions. Nearly a maiden assize. - Death of P. C. Kingsmill after murdering his wife.-
Admission of Mr. Cooper Turner as an attorney of the Court. His previous record. - His
card.-- Mr. T. Wade appointed interpreter of Chinese Customs, Shanghai.--The case of
the Reverend William Baxter appointed Colonial Chaplain of Hongkong - How he was
appointed.--A matter calling for explanation.-- Mr. Melville Portal, M.P., moves Parlia-
ment.--The complaint of the inhabitants of Fyfield.- The discussion in Parliament. —The
Bishop of Victoria refuses to license Mr. Baxter. - Mr. Baxter called upon to resign.-
Reverend M. C. Odell officiates. -Mr. Baxter leaves for Australia. -Reverend J. J. Irwin,
Colonial Chaplain. — Return from leave of Mr. Trotter, Chief Justice's Clerk. - Mr. Bevan.
-Sir John Davis made a K. C. B.- Local regret at the Chief Justice receiving
no honorary distinction .- Passage to Western Australia for European convicts.— Return
of Sir John Bowring to Hongkong. - Extension of leave to Mr. Cay, Registrar. — Sir John
Bowring leaves for the north with Mr. Hillier and Mr. G. W. Caine, a son of Colonel
Caine. - Mr. Gaskell asks for sanction for the promotion of a law society.- Mr. Sterling's
encomium on law societies. -Entered on the records of the Court.- The Law
Society started.- Rule of Court regulating Criminal Sessions and relating to Fees of
Court.-Chinese convicts to Penang . - Mr. Masson, acting Registrar, vice Alexander on
leave. -Year 1854 important in local events. - Change in the administration of Govern-
ment, the Lieutenant-Governor assuming control of local affairs. - Ordinances during the
year bear Colonel Caine's name. - Ordinance No. 3 of 1854 declaring certain acts of
Parliament in force in the Colony. - Ordinance No. 4 of 1854.- Ordinance No. 5 of 1854.
-Ordinance No. 6 of 1854.
Chap. XV.
-
THE Chief Justice, who had been in failing health for some chief Justice
time since his return from leave in February last year, * left for leaves
Hulmefor
England on sick leave on the 12th April , with Major - General England on
Jervois and Captain Maclean , R.A. , the General's Secretary ,† sick leave.
Departure
as fellow- passengers . of Major-
General
Before his departure, the leading European mercantile firms Jervois
Captainand
and residents of the Colony, as well as the members of the legal Maclean, R.A.
* See antè Chap. XIV. § I., p. 331.
fee antè Chap. XII. § 11., pp. 300. 301 .
344 HISTORY OF THE LAWS , ETC. , OF HONGKONG .


Chap. XV. profession presented His Lordship with the following addresses,
1854. showing the estimation in which he was held : -
Valedictory
addresses Hongkong, 7th April, 1854.
to the To the Honourable
Chief Justice JOHN WALTER HULME, Esquire,
before his Chief Justice, Supreme Court.
departure -
by the Sir, The period of your intended departure for England being so near, the
community undersigned , residents of this Colony, beg hereby to express the high respect
and the
legal they entertain for you in that elevated and most important official station
profession. which you have so long and so ably occupied here.
The satisfactory administration of the law in this place is infinitely more
difficult than may be imagined by those who have not had an opportunity of
witnessing the proceedings in Court. Perplexity is too often experienced from
conflicting testimony on the part of Chinese witnesses, as well as from im-
perfect interpretation.
Many of us, from the first establishment of the Supreme Court in the Co-
lony, have been in frequent attendance as Jurors, witnesses, or spectators ;
and all of us have had ample means of observing your patient, persevering
mode of eliciting truthful testimony, your undeviating impartiality and up-
rightness, and your fair summing up of the evidence, leading to what is so
generally deemed a just verdict.
Having thus testified to your high character on the Bench, we trust that
you will here permit us to add the expression of our great esteem for you as
a private gentleman , now one of the oldest residents amongst us.
Earnestly wishing for the early and complete restoration of your health,
and that you may enjoy every happiness,
We respectfully remain, Sir,
• Your most obedient, humble Servants,
Jardine, Matheson & Co. William Meufing.
Dent & Co. R. C. Antrobus.
Gibb, Livingston & Co. W. H. Mourilyan.
John Burd & Co. Rob. S. Walker.
Lindsay & Co. Robert B. Sherard.
For the P. & O. Steam Nav. Co. Edw. Cohen.
Robert S. Walker, Superintendent. N. Duns.
Phillips, Moore & Co. Geo, E. Maclean .
Lyall, Still & Co. Geo. W. F. Norris.
Fletcher & Co. G. Harper.
Turner & Co. H. A. Ince .
Smith & Brimelow. T. C. Leslie.
Lane, Crawford & Co. Francis Chomley .
Bowra & Co. Edw . Reimers.
D. Lapraik. C. F. Still.
Per Oriental Bank Corporation Robert Taylor.
P. Campbell. William Hollmanu .
MacEwen & Co. A. Fletcher.
David Jardine, M.L.C. Arch. Campbell.
A. C. Maclean. Y. J. Murrow.
J. C. Bowring. W. Walkinshaw.
M. A. Macleod . Phineas Ryrie .
J. Goddard . James Smith.
Edw. Pereira. J. W. Brimelow.
J. B. Compton . T. A. Lane.
Wilkinson Dent. W. Emeny.
J. F. Edger, M.L.C. Robert Strachan.
Fred . H. Block.
 ADDRESSES TO C. J. HULME ON PROCEEDING ON LEAVE . 345


The following was the address from the members of the legal Chap. XV.
profession :-- 1854.
Hongkong, 11th April, 1854.

Sir, -It is the common wish of all the members of the profession who
have the honour of practising under Your Lordship, to express regret at your
approaching temporary absence. It has been to all of us most gratifying to
see, as the head of our mutual profession in this Colony, a Magistrate, who,
deeply versed in its most subtle technicalities, has yet shown to us that such
skill can be combined with an enlarged and vigorous understanding. In Your
Lordship, we have also found a most patient and painstaking Judge ; and ,
by the mixture of dignity and urbanity which you have invariably shown,
you have maintained in your Court that decorum which is one of the distin-
guished features of the tribunals of our mother country.
e_




We have ever found Your Lordship impartial in your decisions, and during
the ten years for which you have presided over the Supreme Court, there has
been but one appeal from you to the Privy Council-and that decided against
the appellant.
Such then being our estimate of Your Lordship's character, we need not
say how much we deplore that failing health should for a time deprive us of
your presence. We trust that the trip Home may be attended with most be-
neficial effects to you, and that in the ensuing year we may again see you
sitting in that judgment seat which you have so long adorned.
Paul I. Sterling. Edward K. Stace.
William T. Bridges. Henry J. Tarrant.
William Gaskell. Edward H. Pollard .
William Moresby.


The replies of the Chief Justice were made verbally, and with
much feeling and good taste, to the deputations which presented
the addresses .

The following supplementary address, circulated both in Supple-
the Colony and in Canton , and forwarded to the Chief Justice mentary
address
by the mail following his departure, by those who had not to the
Chief
had an opportunity of signing the first one presented by Justice.
the community, explains itself. Nothing could be more pal-
pable than the deep regard, if not affection , and high respect in
which Mr. Hulme was held . It was certainly not the ignomi-
nious conduct of Sir John Davis towards him which this time.
had prompted these emotional effusions . In a short time this
fresh address received a large number of ready signatures , which,
with the first address, exceeded in number those obtained after
much solicitation , it is said , for both Governor Bonham , and
General Jervois ' together ; thereby justifying the opinion ex-
pressed locally - that "had the same means been used with the
address to the Judge, or had ordinary common sense been exer-
cised in making its existence generally known , it would certainly
have obtained twice the signatures of both the other addresses
* Murrow v. Stuart, 8 Moo . P. C. 267- heard before the Judicial Committee of the
Privy Council on the 3rd February, 1853, the case being decided without the respondents
being heard -see antè Chap. XIII . § II., pp. 328, 329,
346 HISTORY OF THE LAWS , ETC. , OF HONGKONG.


Chap. XV. in point of numbers, and ten times their value in point of
1864. sincerity offeeling":-

The Honourable JOHN WALTER HULME , Esq.,
ChiefJustice of Hongkong.
Sir,-Feeling convinced that the comparatively limited number of signa-
tures attached to the address presented to you prior to your departure for
England on the 12th instant, affords a very inadequate criterion of the general
estimation in which, both as a judge and a gentleman, you are held by the
community, we deem it due to you and to ourselves to state, that none of us
had an opportunity of signing the address, and many of us knew of it for the
first time from the newspapers, after it had been presented .
Assuring you that we should otherwise have gladly availed ourselves of
the occasion to testify our respect ,
We have the honour to be, Sir,
Your very faithful Servants,
And. Shortrede. Edward Halton.
Robt. P. D. Silver. P. Campbell.
Geo. P. De Silver. R. McGregor & Co.
J. Willaume. E. Baldwin.
H. Marsh. Richard Newby,
H. Winiberg. Agent for the Mercantile Bank of
F. Duddell. India, London, and China.
G. Logan. S. Mackenzie .
Robert Gordon. Lyall, Still & Co.
F. S. Huffum . R. H. Chambers .
A. Weiss . D. Kennedy & Co.
Louis Heerman. Per Pro. D. W. Mackenzie.
James A. Brooks. C. S. Lungrana.
W. H. Sutton. Ezra & Judah.
Thos. Irwin. Reiss & Co.
M. W. Pitcher. Gilman & Co.
Pestonjee, Framjee, Cama & Co. W. W. Dale & Co.
Ameeroodeen & Jafferbhoy. J. A. Hulbert.
P. & D. N. Camajee & Co. Moul & Co.
George Wilkins. Henry Davis.
H. Schaeffer. J. Marshall.
C. Brodersen. R. Gibbs.
George Buchan. Kessowjee Sewjee & Co.
Joseph M. Lord . Jacob Isaac.
E. A. Still. Cowasjee Pestonjee .
Rustomjee Byramjee & Co. Dadabhoy Hosungjee .
H. T. De Silver. Bomanjee Eduljee.
Meyer, Schaeffer & Co. Muncherjee Ruttonjee .
Wm. Pustau & Co. Muncherjee Nesserwanjee Mody.
F. Woods. Shaikally Meherally.
Day. Glover. Dhunjeebhoy Poonjabhoy.
William J. Preston. Pestonjee Dinshawjee.
William Harding. Framjee Nowrojee.
Charles Markwick. Dinshawjee Framjee Cash.
J. C. Hoey. Pestonjee Rustomjee.
Chas . Archbold. Pallanjee Nesserwanjee.
William Knight. T. Allana.
R. Markwick. Cassumbhoy, Nathaboy & Co.
Marcus Hill Shaw . Nanjee Hassom.
John Scarth. Cowasjee, Pallanjee & Co.
 FURTHER MANIFESTATION TOWARDS CHIEF JUSTICE HULME. 347

Arch. E. H. Campbell. Pestonjec Rustomjee. Chap. XV.
W. H. Wardley & Co. Heerjeebhoy, Ardaseer & Co.
1854.
F. B. Johnson. Nesserwanjee Ardascer Banjah.
Birley & Co. Curtsetjee Hosunjee.
John Costerton, Limbjeebhoy Dhunjeebhoy.
Agent, Commercial Bank of India. Bomanjee Eduljee.
John Cardno, Jehangheer F. Buxey.
Agent, Agra & U. S. Bank. R. H. Camajee & Co.
Charles Scholefield . D. N. Mody & Co.
David Sassoon, Sons & Co. M. N. Mody.
Adam Scott. Alex . Gifford .
II. F. Edwards. Wm. Ross.
Charles Taylor. Albert Leigh.
Chalmers & Co. John Lamont.
Blenkin, Rawson & Co. Sam. Appleton .
P. & J. B. Colah . David Dick.
Neave, Murray & Co. Juo. Marshall.
Maxn. Fischer. John Pettigrew.
Ripley, Smith & Co. Peter Phillip .
Robert Gifford . Richard Scott.
George de St. Croix . L. F. Vieira Ribeiro.
A. W. G. Rusden. A. Bercuhart.
H. D. Margesson. E. Oppert.
Richard Rothwell. Thomas Spence.
Henry R. Hardie. S. A. Lubeck.
James S. Green . Thomas Jamieson.
Geo. Dent.
Mr. Sterling .
acting Chief
Consequent upon the departure of the Chief Justice, Mr. Justice .
Sterling again became acting Chief Justice, and Mr. Bridges Mr. Bridges,
acting
acting Attorney- General , the latter with a seat in the Legislative Attorney-
Council. General.
Chinese
interpreta-
The question of Chinese interpretation , which had been of tion."
such moment up to this, now began to assume a practical form, Professor
of Chinese
at King's
It appeared that King's College, London, having appointed a London.
Professor of Chinese, the Foreign Office held out, as an encour- Encourage
agement to diligent students , civil employment in China. The ment held
out by
system hitherto in force was that young gentlemen, coming out Foreign
to China for the purpose of entering the Government service, Office to
were allowed a grant of money per annum to induce them students.
System
to study Chinese , and, on showing some proficiency in the hither:o
language, places were found for them as assistants in the Super- in force.
Assistants
in the
* Mr. Summers, of Macao fame [ antè Chap. XI. , p. 244], was the professor appointed.
The following is the advertizement that appeared in reference to this appointment, in the
Athenæum of the 22nd January, 1853 : —
CHINESE LANGUAGE AND LITERATURE,
King's College, London.
Professor Summers, late Tutor in St. Paul's College, Hongkong, will commence his
course of Instruction in the classical language and colloquial dialect of China, on Monday,
Brd January, 1853, at three o'clock, etc., ete.
R. W. JELF, D.D.
King's College, London,
18th January, 1853.
348 HISTORY OF THE LAWS , ETC. , OF HONGKONG .


Chap. XV. intendency of Trade or in the Consulates. Under the new sys-
1854. tem there was this advantage , that the Chinese student in England
Superin- would, in the first instance, pursue his studies at his own ex-
tendency or
Consulates. pense, and that when superior diligence had marked him out as
The scheme a proper object, he would come out to the service in Hongkong
of the
Foreign with some knowledge of the language. In connexion with the
Office. scheme the following paragraph appeared in a Home paper : -
School of
interpreters. " Government has placed certain civil appointments in China at the dis-
posal of the Council of King's College. The students to be selected are to
form a school of interpreters for the use of the British authorities at Hong-
kong ; and, if not needed there, they are to proceed under the direction of the
Government to other stations."
Precursor of
Colonial
system of This may really be said to have been the precursor of the
student Colonial system of student interpreters inaugurated in 1861 , *
interpreters, but on its becoming known locally that the Chinese professor
Mr. Sum-
mers, selected was Mr. Summers, known here as the originator of the
of Macao
unfortunate affair at Macao in Juné, 1849, an unfavourable
celebrity,
as Chinese aspect was taken of the scheme, as Mr. Summers was considered
professor.
incompetent for the position , having only been a short time in
The At-
torney- Hongkong and being even then quite a young man , † and with-
General on
out experience of the Chinese language.
penalties
attached to
lottery The acting Attorney- General, actuated by the best of motives ,
advertize.
ments. drew attention in the public press , on the 4th May, 1854 , to the
Act 6 and 7 penalties the papers underwent on the subject of lottery adver-
William IV. tizements as laid down by 6 and 7 Wm . IV. , c . 66 .
c. 66.
Free
pardons on On the occasion of the Queen's Birthday, the Governor granted
Queen's a free pardon to several prisoners confined in the Gaol.
Birthday.
Declaration News of the declaration of war, on the 28th March, by France
of war
against and England combined against Russia , reached Hongkong on the
Russia. 25th May. Immediately a Government Notification appeared
Superin- removing the Superintendency of Trade to Shanghai where it
tendency
of Trade was directed all communications should be addressed , the Admi-
removed to ral proceeding the same day in the Winchester to the north, and
Shanghai.
the Governor and suite in the Barracouta to Shanghai . Colonel
Caine was left in sole charge of the Colony, with entire control
over local affairs, as Lieutenant-Governor.

New Justices On the 29th May, a list of eight new Justices of the Peace
of the
Peace. was duly published , and Mr. Hillier gazetted a provisional
Mr. Hillier, member of the Executive Council .

* See Vol. II., Chap. XXXIII., of this work.
† See note to page 248, antè Chap. XI. At the time of the Macao incident, as before
recorded, it would appear that Mr. Summers was not more than ' eighteen or nineteen years
of age' (see antè Chap. XI ., p. 244) -so that at this period, he could only have been at
the most about twenty-four years of age. Nor is it clear whom he succeeded as Professor
of Chinese at King's College. As will be remembered, already a former Hongkong official
had held a similar position in the person of Mr. S. Fearon, as recorded in Chap. v. § II.,
antè p. 127.
 THE MURDER OF MR. PERKINS , AN AMERICAN. 349


An auxiliary Police Force was formed on the 1st June Chap. XV.
to protect the lives and property of the inhabitants, during the ab- 1854.
sence of the British men- of- war , and an additional rate was raised , Auxiliary
under the power given by a recent Ordinance [ No. 1 of 1854 ] for Police
Force.
the payment of such extra force. A Government Notification Additional
to this effect appeared on the 10th June, but on the 11th July, rate raised
owing to the altered circumstances and more secure state of the of the
Colony, the Lieutenant- Governor informed the community that Force.
Auxiliary
the auxiliary force had been disbanded on the 5th of that month. Force
disbanded.
An extra Sessions of the Criminal Court was held on the June
Criminal
15th June. The first case was that of Chun Ayee who had Sessions.
been sentenced in 1847 to fifteen years ' transportation and sent aChun A Yee,
transported
to Penang on the 28th May, 1848 , and who, never having been convict,
pardoned, was found at large in the Colony. He was now foundat
large in the
sentenced to one year's imprisonment with hard labour, and at Colony.
the termination of the sentence to be transported for life . The The sentence.
next case was one that had caused some sensation in the Colony, Regina v.
Chun Chuen
and was that of Chun Chuen Tai and his wife Chun Cheong Tai and his
She for murder. The prisoners were indicted on four counts in wife, Chun
Cheong She,
respect of the murder of a Mr. George Perkins , an American, for murder
who had arrived in the Colony on the 15th May from the Sand- of
Perkins,
Mr. an
wich Islands . When off the Lema, a Hongkong ' hakow- boat ' American.
was engaged to take Mr. Perkins to Macao with his luggage, The facts.
but Mr. Perkins never reached Macao nor was his body ever
recovered . The prisoners were afterwards captured . From the
evidence it appeared that at about eight o'clock at night, while
he was asleep, the male prisoner with a spear stabbed the deceased
to death, and with his wife threw the body overboard. Both Sentence of
death.
prisoners being found guilty were sentenced to death, the acting
Chief Justice informing the female prisoner, who had pleaded
that she was quick with child , that she would be respited until The woman
quick with
her plea of being pregnant was found true or not. This plea , child.
it may be observed, was the first and is the only one of its
nature to be traced in the records.


On the 24th June The Government Gazette published a pro-
clamation by the Lieutenant- Governor declaring that the sen- Sentence of
tence of death passed on the woman Chun Cheong She had been death
on the
commuted to transportation for life, and Chun Chuen Tai was woman
executed on the 27th June. The scene on the scaffold was commuted.
Chun Chuen
described as disgraceful. The condemned man's arms were so Tai executed .
much at liberty that, after hanging three or four minutes , he got Disgraceful
execution.
hold of the rope above his head with his right hand and fairly
drew his breath on two occasions . After hanging five minutes.

* See this case referred to antè Chap. X., p. 198.
† A Chinese junk.
350 HISTORY OF THE LAWS , ETC. , OF HONGKONG .


Chap. XV. finding his trousers falling off, he deliberately but unsuccessfully
1854. attempted to fasten them round his waist. The man was repre-
Chun Chuen
Tai's attem pt sented as " strangling for twenty minutes before he was dead.'
to bribe the As thoroughly illustrative of the Chinese character, an
turnkey
before his episode in connexion with this murderer may be men-
execution . tioned . After his conviction he attempted to tamper with the
turnkey placed in charge of him, by actually proposing to this
officer that, if he would allow him to escape, he in return would
give him the gold watch taken from Mr. Perkins, the latter's
clothes , and $ 150 found in Mr. Perkins ' trunks, and a further
His offer sum of $300 ! This offer he reduced to writing and drew out a
reduced to
writing. personal order upon the individual who had taken the most
active part in his capture .

The woman
The Governor, in the exercise of his prerogative, afterwards
Chun
Cheong She granted a free pardon to the woman Chun Cheong She on the
afterwards
occasion of the Queen's Birthday in 1855 .
pardoned.
Tenders for
On the 15th June the Government called for tenders for
passage of
Chinese the conveyance to Singapore of twenty-nine Chinese convicts.
convicts to
Singapore.
Return After his divorce suit in England, * Mr. W. H. Mitchell,
of the Assistant Magistrate, Sheriff, and Coroner, returned to the
Assistant
Colony and resumed duties on the 26th June.
Magistrate,
Mr. W. H.
Mitchell, On Saturday, the 15th July, there was a sitting of the Cri-
after his
divorce. minal Sessions of the Supreme Court which was as nearly as
July possible a " maiden assize, " there being only one case, —the only
Criminal
Sessions. instance since the foundation of the Colony. It was a case of
Nearly a abduction , wherein a verdict of not guilty was returned .
maiden
assize.
Denth of P. Police Constable Kingsmill , against whom a Coroner's Jury,
C. Kingsmill on the 14th July, had returned a verdict of wilful murder of his
after mur-
dering wife by striking her the day before on the head with a heavy
his wife. stick, died in Gaol on Tuesday morning, the 18th July. Both
were addicted to drink .

Admission Mr. Cooper Turner, described as " late of Sydney, Australia ,
of Mr.
Cooper Crown Solicitor," arrived from England on the 16th July, and
Turner as an was admitted to practise in the Courts of the Colony on the
attorney of 19th of the same month . He was also a solicitor on the rolls
the Court.
His previous of the Court in California. Shortly after appeared the follow-
record.
ing notice in the local press : -
His card. A CARD .
Mr. G. Cooper Turner, Solicitor and Notary Public, Office, Queen's Road,
opposite the Oriental Bank, Hongkong, 25th July, 1854.
Mr. T. Wade
appointed On the 27th July, Mr. Thomas Wade was gazetted " Inter-
interpreter
* Antè Chap. XIV . § I., p . 333.
 THE CASE OF THE REVD . MR. BAXTER , COLONIAL CHAPLAIN. 351


preter of Chinese Customs at Shanghai," having resigned his Chap . XV.
Vice- Consulship there. * 1854.
of Chinese
Customs,
As a matter not entirely unconnected with law and justice, Shanghai.
and which formed the subject of parliamentary debate, it may The case
not be inappropriate to mention here the case of the Reverend of the
Reverend
Mr. William Baxter, the Colonial Chaplain of Hongkong, which William
happened in August of this year. This gentleman, who had Baxter,
appointed
held the rectory of Fyfield , Hants, on appointment by the Home Colonial
Government, consequent upon an exchange of livings which Chaplainof
Hongkong.
he had effected with the Reverend Mr. Stedman , the Colonial How he was
Chaplain in Hongkong, arrived in the Colony to assume the appointed .
A matter
duties of his office on the 3rd August , by the ship John Bunyan . calling for
But a matter now happened in regard to the newly- appointed explanation.
chaplain which certainly called for explanation . Mr. Melville Mr. Melville
Portal, M.P. ,
Portal, member for North Hants , after Mr. Baxter had left for moves
Parliament.
the scene of his labours, rose, in the House of Commons, to The com-
call the attention of the Government to matters affecting the plaint
church, as referred to in a petition entrusted to him by of the
inhabitants
certain inhabitants of the parish of Fyfield . According to of Fyfield.
The Times of the 12th May, Mr. Portal, in alluding to the The
sion discus-
in
scandal said that- Parliament.

"The parishioners of Fyfield complained that, since the year 1851 , the
rectory, which is in the gift of the Lord Chancellor, had been suffered to be
exchanged no less than three times. On the second occasion the rector ex-
changed it, with the consent of the Lord Chancellor, with the Rev. William
Baxter for a mastership in the college school at Cheltenham. Mr. Baxter
held the living scarcely three years ; and a few weeks afterwards suddenly
absconded on a Sunday, after morning service, deeply in debt to most of the
tradesmen in the neighbourhood, and carrying with him certain parish funds
and charitable monies which were in his charge. He had previously made
an assignment of his effects for the benefit of his creditors. His parishioners
heard nothing of him until they saw it announced that he had been appointed
civil chaplain at Hongkong [ a laugh] . The circumstance was one which
called for explanation and he hoped the noble lord would be able to give it.

Lord J. Russell said the Rev. Mr. Baxter had exchanged his living with the
Rev. Mr. Stedman for the civil chaplaincy at Hongkong. The only part of
the transaction with which the Lord Chancellor had anything to do was the
induction of the Rev. Mr. Stedman into the rectorship of Fyfield. No im-
putation was cast upon Mr. Stedman. The Lord Chancellor made particular
inquiries respecting him at Hongkong, and received the highest testimonials
as to his character and abilities, and his lordship being satisfied with them,
appointed Mr. Stedman to the rectorship [ hear, hear] . The part of the
transaction which referred to the Rev. Mr. Baxter's appointment to the
chaplaincy at Hongkong would be explained by the Under- Secretary for the
Colonies.

Mr. F. Peel said that when application was made to the Colonial Office to
sanction the exchange of appointments between Mr. Stedman and Mr. Baxter,

* See antè Chap. XIV. § I., p. 331 .
352 HISTORY OF THE LAWS , ETC. , OF HONGKONG.

Chap. XV. the Duke of Newcastle took the usual course in such cases, by addressing a
letter to the Bishop of Winchester in the following terms :-
1854.
Colonial Office,
January 9.
My Lord, I have the honour to transmit to Your Lordship the copies of
two letters, addressed to me by the Rev. S. W. Stedman, Colonial Chaplain
at Hongkong, relative to an exchange of appointments which he is desirous to
effect, and in which he apprises me that the Rev. W. Baxter, the incumbent
of Fyfield, in Hampshire, is willing, and has permission, to exchange the
living he holds.
Before giving my final sanction to their arrangement, I should be obliged
by Your Lordship informing me whether you consider Mr. Baxter to be well
qualified to fill the Colonial Chaplaincy, or whether there exists any objection,
of which I am not aware, to the proposed exchange of appointments.
I have , etc.,
NEWCASTLE.
The Lord Bishop of Winchester.

To this letter the Duke of Newcastle received the following reply from
the Bishop of Winchester : -
Farnham Castle ,
January 10.
My Lord Duke, -I have the honour to acknowledge the receipt of Your
Grace's letter of the 9th instant, with enclosures relative to the proposed
exchange between the Chaplain of Hongkong and the Rector of Fyfield ,
Hants.
The Rev. Mr. Baxter, Rector of Fyfield , is highly respectable, and, as far
as I am aware, well qualified to perform the duties of a Colonial Chaplaincy
efficiently [ laughter] .
I am not acquainted with Mr. Stedman, but as far as regards Mr. Baxter
I am not aware of any objection to the exchange.
I have, etc.,
C. WINTON.
His Grace the Duke of Newcastle.

Having received such a letter as that, the Duke of Newcastle, of course,
felt himself authorized to consent to the proposed arrangement [hear, hear ] ."

The Bishop In the meantime, pending the reply of Mr. Baxter to the
of Victoria
refuses to serious charges brought against him, the Bishop of Victoria
license refused to license Mr. Baxter to the Colonial Chaplaincy, or to
Mr. Baxter. allow him to officiate in St. John's Cathedral. It may here be
mentioned that the chaplaincy was worth £ 700 a year, while
Mr. Baxter the value of the rectory of Fyfield was not stated. In
called upon
to resign. January, 1855 , Mr. Baxter was called upon, by direction of the
Secretary of State, to resign his appointment, his explanations
Reverend
M. C. Odell having been referred by the Bishop to his late diocesan, the
officiates. Bishop of Winchester, who had regarded them unfavourably,
Mr. Baxter
leaves for and, on the 30th January, appeared a Government Notification
Australia. that "the Reverend M. C. Odell , B.A. , ( Military Chaplain) was