the-history-of-the-laws-and-courts-of-ho — Page 27

SIR JOHN DAVIS MADE A K. C B. 353


appointed to discharge temporarily the duties of Colonial Chap- Chap. XV.
lain , in place of the Reverend W. Baxter, resigned." The 1854.
latter, with his family, left for Melbourne on the 24th March, Reverend
J. J. Irwin ,
1855, the Reverend J. J. Irwin , his successor in Hongkong, Colonial
arriving here on the 30th June following. Chaplain.
Return from
leave of
Mr. G. A. Trotter, Clerk to the Chief Justice, having reported Mr. Trotter,
his return to the Colony* on the 8th August, Mr. Bevan's duties Justice's
Chief
in that capacity ceased from that date . Clerk.
Mr. Bevan.
The news now reached Hongkong that Sir John Davis had Sir John
Davis made
been made a Knight Commander of the Civil Division of the a K. C. B.
Order of the Bath. For general services , Sir John Davis was
certainly as much entitled to such an honour as his successor
Sir George Bonham had been considered to be, but one
could not help thinking, in connexion with Sir John Davis,
that whilst honours were being given away, the respected Chief
Justice Hulme, who was now on sick leave in England , should at the regret
Local
not have been overlooked by the Queen's advisers. A knight-
Chief
hood, at least, it was considered, would have been well Justice
bestowed
receiving
on one who was every inch a gentleman , and of whose fitness no honorary
for the high office he held there never existed two opinions, distinction.
which " was more than could be said of the other gentlemen
above mentioned ." Passage to
Western
Australia for
The Government advertized on the 17th August for a passage European
to Perth, Western Australia, for three European convicts . On convicts.
the 20th Sir John Bowring and suite returned to Hongkong, and Returnof
Sir John
on the 29th of the same month it was announced that Mr. Cay, Bowring to
Hongkong.
the Registrar of the Supreme Court, had obtained an extension Extension
of twelve months' leave of absence .† of leave to
Mr. Cay,
Registrar.
In September Sir John Bowring again left for the north sir John
being accompanied this time amongst others by Mr. Hillier, the leaves
Bowringfor
Chief Magistrate, and Mr. George Whittingham Caine, a junior the north
clerk in the Plenipotentiary's Department, a son of Colonel with
HillierMr.
and
Caine, and ofwhom more anon. Mr. W. H. Mitchell performed Mr. G. W.
Mr. Hillier's duties during his absence . The Governor, with aCaine,
son of
his party, returned at the latter end of November. Colonel
Caine .
Mr. Gaskell
On Saturday, the 28th October, before the Court rose, Mr. asks for
W. Gaskell, as the senior member of the bar, wished to obtain sanction
for the
the countenance and sanction of the acting Chief Justice for the promotion
formation of a law society. of a law
society.
See antè Chap. XIV. § I., p. 331 .
† See antè Chap. XIV. § I., p. 332.
‡ See Chap. XX., infrà, and Chap. LIX., Vol. 11 , of this work.
354 HISTORY OF THE LAWS , ETC. , OF HONGKONG.

Chap. XV. Mr. Sterling passed an encomium on law societies, and hoped
1854. that the one about to be established would be found of benefit
Mr. Sterling's
encomi um to the profession , and graciously permitted a notice of it to be
on law entered on the records of the Court. Although the Law Society
societies.
was formally started and took an active part in January, 1858 ,
Entered
on the upon the question of the amalgamation of the two branches of
records the legal profession,* it does not appear to have done much
of the
The LawCourt. more , and the records after that period show nothing more in
Society reference to it.
started.
Rule of Court A Rule of Court , dated the 31st October, 1854, was passed
regulating and published on that date, regulating the number of Criminal
Criminal
Sessions and Sessions to be holden in the year, and amending otherwise
relating
to Fees of schedule 7 of the Regula Generalis of the 1st March, 1847 , relat-
Court. ing to fees in the Supreme Court. This order, it was notified
on the 5th April , 1855 , had been confirmed by the Secretary of
State for the Colonies .


Conveyance of On the 15th November, a passage for eight Chinese convicts
Chinese
convicts to to Penang was advertized for.
Penang.
Mr. Masson, Mr. Alexander, the acting Registrar, having obtained leave
acting
Registrar, of absence on the 2nd December, Mr. Norman Ramsay Masson,
vice Alexan a clerk in the Registrar- General's Office, was appointed his
der, on leave.
successor pro tem. Mr. Alexander resumed duties on the 2nd
April, 1855 .

Year 1854
As may be seen, the year 1854 proved an important one in
important
in local local events, the most important of them being the change in
events.
the administration of the Government by which the Lieutenant-
Change
in the Governor for the time being assumed the control of local affairs ,
administra
tion of all the Ordinances promulgated during the year bearing his
Govern- naine. The recall of Vice - Admiral Sir Fleetwood Pellew ; the
ment, the
Lieutenant- death of Lieutenant Pedder ; the departure of the respected Chief
Governor Justice, amidst general regrets, on leave of absence for the
assuming
control second time owing to repeated attacks of illness , after a short
of local tenure of office only since his return to duty ; the declaration of
affairs.
Ordinances war with Russia ; and the extraordinary and impudent case of
during the the Reverend Mr. Baxter, appointed to the Colonial Chaplaincy
year bear
Colonel of Hongkong, were not by themselves the least interesting
Caine's events chronicled .
name.

Ordinance
No. 3 of Amongst the important Ordinances passed during this year may
1854 be mentioned Ordinance No. 3 of 1854 , entitled " An Ordinance
declaring to declare certain Acts of the Imperial Parliament to be in force
* See Chap. XX., ubi suprà.
† See antè Chap. v. § II., p. 130,
Antè Chap. XIV. § I., p. 332.
 LEGISLATION IN 1854. 355


in the Colony ; " * Ordinance No. 4 of 1854, reducing the num- Chap. XV.
―
ber of jurymen from eighteen to ten ; Ordinance No. 5 of 1854 , 1854.
amending and extending Ordinance No. 9 of 1845 , entitled certain
“ An Ordinance to invest the Supreme Court of Hongkong with acts of
Parliament
a Summary Jurisdiction in certain cases ;" and Ordinance No. in force
in the
6 of 1854, providing "for the disposal of Unclaimed Balances Colony.
of the Estates of Persons dying intestate within the Colony of No. Ordinance
4 of
Hongkong." 1854.
Ordinance
No. 5 of
1854.
* The following is the Schedule of the Acts of Parliament to which the Ordinance Ordinance
referred ::-- No. 6 of
1854.
6 and 7 Vict., Cap . 34.--An Act for the better apprehension of certain offenders.
85. -An Act for improving the Law of Evidence.
96. -An Act to amend the Law respecting defamatory Words and
Libel.
7 and 8 62. -An Act to amend the Law as to burning farm buildings.
8 and 9 47. -An Act for the further prevention of the offence of Dog
stealing.
9 and 10 23 25. -An Act for preventing malicious injuries to persons and pro-
perty by fire, or by explosive or destructive substances.
10 and 11 " 66.--An Act for extending the provisions of the law respecting
threatening letters and accusing parties with a view
to extort money .
14 and 15 19 19.--An Act for the better prevention of offences.
15 and 16 99 24.--An Act for the amendment of an Act passed in the first year
of the reign of Her Majesty Queen Victoria, intituled
"An Act for the amendment of the Laws with respect
to Wills."
 356




CHAPTER XVI .

1855-1856 .



SECTION I.

1855 .

Ordinance No. 1 of 1855, enforcing neutrality during contest in China. -Commission of
inquiry as to fees received by Government officers . -Treaty of Commerce with Siam.- Re-
turn of Chief Justice Hulme from leave in indifferent health . - Departure of Mr. Sterling,
Attorney-General, on leave. - Mr. Bridges acts.--Illicit gambling and extortion practised
by subordinate officials in Government Offices.--Extensive gambling establishments in
the Colony.--Payments to office coolies in the Supreme Court, Police Court , and Police
Offices. -Confession of gambling-house keeper. -Confirmatory evidence. -Arrest of the
offenders.-Keeper fined, establishment broken up, and coolies committed for trial. -Prose-
cution abandoned. -Lieutenant- Colonel Hope Graham, a member of the Executive Council.
-Crimean war. — Bishop of Victoria's proposal for a day of fast and humiliation.--Governor's
refusal without instructions from Secretary of State.-- Decision of Secretary of State
that Proclamation of a Fast is reserved to the Sovereign by Order-in- Council.--Free pardons
on Queen's Birthday.- Colonel Caine appointed senior member of the Legislative Council.
-Secretary of State's directions as to communications concerning the Colony. - Colonel
Caine as Lieutenant-Governor only anthorized to act in absence of Governor.--His position
almost a sinecure. - Lieutenant-Governor with precedence over Chief Justice.- Con-
viction of the brothers Chui Ah Sam, pirates, brother and nephew of Chui Apo. - Sentence
of death on Lee Akung for murder. - His execution. -Government Notification that
knowledge of Chinese ground for promotion in the service -- Mr. Caldwell resigns
offices of General Interpreter and Assistant Superintendent of Police. - Discontent at his
position.--Inspired articles in the Press at probable result if he resigned. - Mr. Caldwell's
resignation accepted. -Government expression of regret.- Mr. Wade appointed Chinese
Secretary to the Superintendent of Trade in Hongkong.-- Mr. Grand- I'ré appointed to
replace Mr. Caldwell. — Mr. Grand- Pré an alien. His appointment unfavourably commented
upon.--The Government in a dilemma for interpreters. —A qualified interpreter advertized
for for the Chief Magistrate's office. - Frequent robberies in the town.-The ChiefMagistrate
robbed. - Heavy robbery in the Gaol. - European subordinates suspected.- Upwards
of £90 abstracted .--Small pay allowed the Gaol subordinates. -Turnkeys committed for
trial. -Prosecution abandoned . —A discharged seaman sues the gaoler for moneys depo-
sited by him.- Ordinance No. 1 of 1854. - The defence. - Chief Justice decides Sheriff
the proper person to be sued. -Chief Justice's suggestion of a memorial to the Governor.
-Disturbance at a public auction of Crown lands.- Messrs. Jardine , Matheson, & Co..
and the threats held out to the Chinese. -Government issue a warning as to consequences
of interfering with land sales. -The Act 18 and 19 Vict. c. 104 for regulating Chinese
passenger ships.--Fresh list of Justices of the Peace. -The American Consul, Mr. Keenan,
rescues a prisoner.-The facts. - Rescued by trickery and taken on board an American
man-of-war. Mr. May goes on board.-No assistance given him.- Local acrimony
against the Consul's behaviour. - The Americans address a letter of approval to their
Consul. -Arrest and committal for trial of the Consul. - Charge abandoned on the advice
of the acting Attorney-General.- The reason. - Eccentricity of Mr. Keenan. - Case of the
Annic Bucknam. - Mr . Mitchell and his refusal to extend to Mr. Keenan the customary
courtesy of offering Foreign Consul a scat on the Bench .- Proclamation of Sir John
Bowring to the Chinese regarding seditious movement against Empire of China.-
Hongkong and the laws of England .- Mr. Sterling appointed Puisne Judge at Ceylon.
His career in Hongkong.—Local opinion.-- Continued illness of the Chief Justice. Block
in business.-Governor appoints a Commission to hold the Criminal Sessions -Ordinance
No. 6 of 1846.-Mr. Kingsmill appointed to discharge duties of Attorney-General at the Ses-
sions.-November Criminal Sessions postponed. Governor appoints the same Commission.
-Complete stagnation of Court work on the civil side.-Mr. Day appointed to hold
a Court of Summary Jurisdiction.- Important legislative measures in 1855. - Ordinance
No. 2 of 1855. - Ordinance No. 5 of 1855.- Ordinance No. 6 of 1855.
 ANALYSIS OF SECTIONS . 357

SECTION II.
1856 .
Continued illness of Chief Justice Hulme. Mr. Day appointed to sit in his place.-
Ordinance No. 6 of 1845 , section 5. - Continued disturbances in China.--Ordinance No. 1
of 1856.--Ordinance No. 1 of 1855 enforcing neutrality.-Appointment of Mr. T. C. Anstey
as Attorney-General in the place of Mr. Sterling. - His previous career. -Biographical
notices. Mr. Anstey as a Law Commissioner -The Liverpool Albion on Mr. Anstey's
appointment. He goes to China in a " diabolic frame of mind . " -- Local hopes. -A system
of gaol delivery. -Escape of convicts . - Mr. Bridges, acting Attorney- General, leaves for
England without waiting for Mr. Anstey.- He anticipates Chief Justice's early retirement.
-Dinner given to him. - No Criminal Sessions held in January.--The long tale of Police
and Prison misgovernment.- Coroner's inquest. - Cells under Police Station ' a sink of
iniquity.'-Verdict of the Jury. -Arrival of Mr. Anstey. - Date of his departure from Lon-
don. -Governor appoints him to sit for Chief Justice in lieu of Mr. Day. -Ordinance No.
6 of 1845, section 5.-Mr. Anstey gazetted to a seat in the Legislative Council.--Ordinances
Nos. 2 and 3 of 1856.-Mr. Anstey officiates for the Chief Justice on the Summary side.-
His want of knowledge of the Chinese character. -He fines a plaintiff and his witness for
perjury. Mr. Caldwell's loss as an interpreter. -Rules of the Bar occasionally infringed.
-Rules of etiquette drawn up by Mr. Anstey. - The circular and memorandum. —The
view taken of the memorandum.--The Chief Justice not consulted . -The authority
of barristers to appear in Consular Courts. -Messrs. Bridges, Kingsmill, and Green
memorialize the Earl of Clarendon . - Sir John Bowring suggests matter be referred Home
and the question of the right meanwhile suspended. - The Chief Justice's decision
and offer. - The right recognized by the Foreign Office. - The egregious blunder in
refusing the right.- ' rivileges extended to the English and American Bar by each
other's Consulates. -First time an English Crown lawyer permitted to appear in an
American Court of Justice since Declaration of Independence. - Recovery of the Chief
Justice. He presides at the February Sessions. -The community welcome his return to
the Bench. - No Chinese Interpreter present until late in the afternoon.--Mr. Anstey's
first appearance as Attorney-General --Two Chinese witnesses committed for perjury
Heavy calendar. -Large number sentenced to death. - Doubts as to guilt of some .-- Com-
mutation of sentences. -Increase of Police Force.- Execution of Shun Ah Muen and Lee
Ah Foo.- Disgraceful conduct of the Police at an extensive fire in the town. - Thefts by
Indian Police.- Spoliation by European and American element in the Force.-- Mr. Anstey
gazetted a Justice of the Peace. -Ordinances Nos. 5, 6, and 7 of 1856.- Law relating to
contracts with British subjects on Chinese territory by Chinese subjects for cession of pro-
perty in China. - Opinion of Mr. Bridges that the Chinese are beyond the pale of civilized
nations repudiated by Home Government. The opinion of the law officers of the Crown.-
Commission to inquire into constitution of Police Force. Inspection of Police Force by Sir
John Bowring.- Numerous desertions from the 59th Regiment. -Nine found on board an
American whaler. - Mr. Hillier, Chief Magistrate. Charges of gross carelessness.--How
Mr. Anstey characterized the depositions taken by Mr. Hillier.- Regina r. Forest, Wise,
Oliver, and Ayow.--The Chief Justice directs Mr. Hillier to be sent for. -Extraordinary
scene between the Court, Mr. Hillier, and the Attorney-General. Mr. Hillier claims the
protection of the Court against Mr. Anstey.--The Magistrate and the Coroner merely
thought it necessary to write down " that one witness corroborated the other. "- Conviction
of Forest and others for burglary. — Mr. Hillier's re-appearance in Court. His demand
"for restraining the Attorney-General,” repeated . He asks the Chief Justice for a memo-
randum as to what evidence he is to take down. -The Chief Justice's demeanour and
reply. The jury and others as spectators during the scene of crimination and incrimina-
tion - The real value of depositions taken in extenso disclosed . - Scene between Mr. Anstey,
Mr. Hillier, and Mr. Mitchell. -Mr. Mitchell admonished by the Chief Justice. - Discus-
sion as to the nature of testimony. - Chief Justice says Attorney- General will draw up a
memorandum for guidance of the Magistrates. -Mr. Anstey on the not very creditable
state of affairs ' as to the Magistrates.-Further fencing between Mr. Hillier and Mr.
Anstey.-Criminal cases of the worst description against the Police. -Conviction of Indian
Police for extortion.-- P.C. Brady charged with robbery. - Case against P.C. Carvalho for
attempted extortion. - Police reformation the crying want.-- Prisoners and the assistance
of counsel - Messrs. Kingsmill and Cooper Turner appointed in Court to defend a Euro-
pean prisoner.- Interpretation again. Criminal Sessions end abruptly owing to the want
of an interpreter.Mr. Anstey's opinion of the interpretation. - The Chief Justice says he
has recommended the re- employment of Mr. Caldwell. - Death of Goodings, the gaoler.-
Death of Mr. C. Bowring, the Governor's father. -The attorneys of the Court. memorialize
the Chief Justice for a suspension of Ordinances Nos. 5 and 7 of 1856 .-- They wish to obtain
the necessary books of practice and Acts of Parliament.--The Governor's refusal. Impro-
per conduct of Mr. Anstey as regards the Chief Justice in the matter. - Sir John Bowring
criticized .- The attorneys hold a meeting to procure that Ordinances affecting them be pub-
lishedinfuture before being passed.—April Criminal Sessions.- Resignation of the Registrar-
ship by Mr. Cay.-Appointment of Mr. Alexander as Registrar. Mr. N. R. Masson, Deputy
Registrar.-Mr. Hillierappointed Her Majesty's Consul at Siam.- -His departure.---His long
and honourable career in the Colony.-The farewell given him as a popular officer.--His
358 HISTORY OF THE LAWS , ETC. , OF HONGKONG .

death not long after.--Public opinion of Mr. Hillier in Hongkong. -His funeral in Bang-
kok.- Changes on Mr. Hillier's departure for Bangkok. - Mr. H. T. Davies appointed Chief
Magistrate of Hongkong.--Admiral Seymour appointed Naval Commander-in-Chief rice
Sterling. Mr. Anstey holds an inquiry respecting expenses of civil procedure and prac-
tice, etc. - Passing of Ordinance No. 14 of 1856 as the result.- Departure of Lieutenant-
Colonel Graham. Lieutenant- Colonel Dunlop acts and is made a member of the Executive
Council.-Execution of Samarang for murder. - Place of execution.- Samarang's cruel and
disgusting execution - Previous execution spot.--The gallows after executions remain
exposed to public view. —A protest. -Ordinance No. 10 of 1856. Lis Pendens and Purcha-
sers. Mr. Anstey slanders the Chief Justice.-He charges the Chief Justice with having
exceeded the bounds of temperance. - Sympathetic and indignant protest by the commu-
nity and the legal profession.--Mr. Anstey repeats the charge. -The Secretary of State
takes a different view.--The despatch. -Mr. Anstey afterwards makes public reparation to
the Chief Justice.-Indignation which Mr. Anstey's conduct aroused. - Character of Sir
John Bowring from the Journal of T. S. Raikes, Esquire.'-Mr. Anstey confirmed as a member
of the Legislative Council.- Ordinance No. 13 of 1856. -Yung Awing, an articled clerk to
Mr. Parsons, objected to as an interpreter of the Court. - Mr. Anstey's opinion that Yung
Awing's appointment incompatible with the provisions of Ordinance No. 13 of 1856.- His
resignation.-- Gaol misgovernment . Mr. Anstey files a criminal information against the
Sheriff, Mr. Mitchell, for a misdemeanour. —The charges. The facts.- Mr. Mitchell advised
certain prisoners to write to their friends for money to pay for certain charges.- Mr. Anstey
makes an inquiry. - Sir John Bowring's attitude of indifference.- He is ' doubtful of his
power to control the Attorney-General.'-The war of mutual attack between Mr. Mitchell
and Mr. Anstey. -Mr. Mitchell informs Sir John Bowring he is only defending himself
against Mr. Anstey's attacks -The Governor's reply to Mr. Mitchell and the latter's
action for defamation against Mr. Anstey.- Mr. Mitchell informs Sir John Bowring the
difficulty admits of no compromise. - Case against Mr. Mitchell by Mr. Anstey fixed for
hearing. In the case of Mr. Mitchell against him for slander, Mr. Anstey makes an
affidavit of no confidence in Hongkong special jurors.--He asks for a common jury.
The affidavit. -The prayer refused. -A gross libel upon the special jurors .--The
hearing of Mr. Anstey's case against Mr. Mitchell. - The evidence. - Mr . Anstey's extra-
ordinary address upon Hongkong affairs and people generally.--The jury request the
opinion of the Chief Justice upon the law of the case. -The Chief Justice rules that a mere
suggestion by the Sheriff to prisoners to raise money for extra food supplied them from
outside, not an attempt at extortion.--Verdict of not guilty received with applause. —A
paltry, vindictive, and contemptible action. - Defeat well merited. - Public opinion. - The
whole society of Hongkong convulsed in quarrels The Chief Justice takes the Bench at
noon owing to bad health. - Mr. Anstey objects. -The jurymen approve as a protest to the
Attorney-General's action. -Their letter. - Practice of keeping jurymen waiting when not
in the box.- Manifestation of good-will to the Chief Justice. - Mr. Anstey and Lord Pal-
merston's fine revenge. -Local view of the Chief Justice at this stage and of Mr. Anstey.
-Constitution of Legislative Council at this period . —Mr. Labouchere, Secretary of State,
informs Sir John Bowring he has no objection to a moderate increase in the number of the
Legislative Council. - Secretary of State's approval of Estimates being laid before Legisla
tive Council.
Ch. XVI § I.
Ordinance On the 15th January there was promulgated Ordinance No. 1 of
No. 1 of 1855 to enforce neutrality during the contest then existing in
1855. China.
enforcing
neutrality
during A Commission of Inquiry into the nature of fees re-
contest ceived by officers of the Government assembled by order of
in China. '
Commission Governor Bowring at the Government Offices on the 7th March
of inquiry for the first time, and on the 12th of that month, the Governor
as to fees
received by left for Siam to conclude a treaty of commerce with the King of
Government that place, returning to Hongkong on the 12th May having met
officers.
with complete success in his mission.
Treaty of
Commerce Chief Justice Hulme returned to the Colony on the 2nd April,
with Siam .
and at once re- assumed the duties of his office . He had not
Return
of Chief very much benefited by his year's absence as he could not ob-
Justice tain any further extension except at the sacrifice of his salary ,
Hulme
leave infrom and having exhausted all the leave he was entitled to, he had to
indifferent
health. return to duty with a seriously-impaired constitution .
* See antè Chap. XV.,་་ p. 343.
 EXTORTION AND GAMBLING . 359


On the 15th April Mr. Sterling, who had been acting for the Ch. XVI § 1 .
Chief Justice, left on twelve months' leave of absence on sick 1855 .
leave. Mr. Bridges again acted for him. Departure
of Mr.
An investigation was held before the sitting Magistrate on the Sterling,
5th May into a widely-extended system of extortion which had General
torney,
for some length of time been perpetrated by Chinese subordi- on leave.
Mr. Bridges
nates in different Government Offices, reminding one greatly acts.
of the scandal attached to a similar practice, but on a much Illicit
larger scale and discovered also almost under similar circum- gambling
and extor-
stances in 1897 , as related hereafter in this work. Notwith- tion practised
standing that the law forbade gambling, † it was known that there by subor-
dinate
were several extensive
The circumstances gambling
alluded establishments
to were discovered in
bythe
the Colony.
servant officials
Governmentin
Offices.
of one of the officers of the Police Court quarrelling with some of Extensive
the coolies. The servant in revenge placed in his master's gambling
establish.
hands three cheque books, informing him at the same time that the ments
office coolies were in the pay of the gambling- houses. These books in the
Colony.
the officer handed to Superintendent May, who had them examined Payments to
by Mr. Caldwell . They were found to belong to a gambling- office
in thecoolies
house in the lower bazaar, and their contents were curious and Supreme
the
showed , inter alia, payments made to coolies at the Supreme Court,
Police Court,
Court and the Chief Magistrate's Court, and to the Police. Mr. and Police
Caldwell, thus put on the scent, went to the house indicated , Offices.
where he found the keeper of the gambling-house, who Confession of
admitted that the house was used for gambling purposes, and, gambling-
house
on a box being opened , further confirmatory evidence was keeper.
obtained . The man at once admitted that he had paid the Confirmatory
moneys entered in the book, naming several of the parties who evidence.
had received the sums. They were taken into custody ; but
when confronted before him in the Magistrate's Office, the keeper, Arrest of the
offenders.
as stoutly denied as he had formerly asserted , that they were Keeper
the men to whom he had paid money . The gambling - house- fined,
establish-
keeper was fined , the establishment broken up, and four of the ment broken
coolies , who it may here be noted " denied all knowledge or up, and
coolies
receipt of any money levied in their names," were committed to committed
take their trial before the Supreme Court. At the Criminal for trial.
Sessions, however, which was held on the 25th May, the acting Prosecution
abandoned.
Attorney- General, for reasons not now apparent , decided to file
no information against the defendants, and they were accord-
ingly discharged by Proclamation . Lieutenant-
Colonel
Lieutenant - Colonel Hope Graham, of the 59th Regiment, Hope
having, on the departure of Colonel Griffin on the 10th May, Graham ,
a member
assumed the command of the Garrison, was appointed to a seat of the
in the Executive Council on the 12th. Executive
Council.
* See Vol. 11., Chap. XCLI.
† See Ordinance No. 14 of 1844.
See antè Chap. XIV. § II., p. 340.
360 HISTORY OF THE LAWS , ETC. , OF HONGKONG .

Ch. XVI § I. The Bishop of Victoria submitted to the Governor, on the
1855. 25th May, a proposal for a public day of solemn fast and humi-
Crimean war. liation and prayer, for imploring the blessing and assistance
Bishop of
Victoria's of the Almighty in the war in which the nation was engaged,
proposal and for praying for the speedy restoration of peace. On the
for a day
of fast and 28th, after consulting the Executive Council, the Governor
humiliation. informed the Bishop that, in default of communication from the
Governor's
refusal Secretary of State, he did not feel warranted in complying with
without the Bishop's wish, the legal point in reference to which, after
instructions
from communicating with the Secretary of State, is to be found in
Secretary the following extract from a despatch subsequently received
of State.
and published on the 8th January, 1856 : --
Decision of
Secretary of " I have to acknowledge your despatch No. 82 of the 14th June last, trans-
State that mitting a correspondence which had taken place between yourself and the
Proclamation
of a Fast is Bishop of Victoria, on the subject of the proclamation of a day of general
reserved fast and humiliation .
to the
Sovereign I approve of the conduct which you pursued in refusing, without instruc-
by Order-in- tions from Her Majesty's Government, to proclaim a public fast
Council.
The proclamation of a fast ...... is an act which, by law, is reserved to
the Sovereign of this country as Head of the Church of England ; ......
……………
.. and as
a fast for the members of the Church of England cannot be ordered except
by the authority of the Queen-in-Council, no Governor of a Colony can pro-
perly exercise an authority which is not exercised by the Sovereign except
by Order-in - Council."
Free pardons The Governor, on the occasion of the Queen's Birthday, grant-
on Queen's
Birthday. ed a free pardon to five Europeans and eleven Chinese on con-
dition that they left the Colony for good . The former included
Colonel soldiers undergoing long terms for desertion and the rest for
Caine
appointed larceny and mutiny. The Chinese included Chun Cheong
senior
member She , the widow of the boatman who was hanged on the 27th
of the June, 1854, for the murder of Mr. Perkins . *
Legislative
Council. The London Gazette ofthe 7th June contained the announcement
Secretary that Colonel Caine had been appointed the senior member of the
of State's
directions Legislative Council, and on the 25th of the same month , a Noti-
as to com-
munications fication appeared that , " in consequence of instructions from the
concerning Secretary of State, the Government Notification of the 15th
the Colony. April , 1854 , † was withdrawn , and that all communications to
Colonel
Caine as Government in matters concerning the Colony were in future
Lieutenant-
Governor to be addressed to the Colonial Secretary for submission to His
only Excellency the Governor and Commander-in - Chief. " Colonel
authorized
to act in Caine as Lieutenant- Governor was now therefore only author-
absence of ized to act in the absence of the Governor, and his office became
Governor. almost a sinecure .
His position
almost a
sinecure. The Legislative Council at this time consisted of five official
and two unofficial members, the former being the Governor, the
* See antè Chap. XV., pp. 349, 350.
† See antè Chap. XIV. § II., p. 340.
 THE RESIGNATION OF MR. D. R. CALDWELL . 361


Lieutenant-Governor, the Chief Justice, the Attorney- General, ch. XV1 § I.
and the Chief Magistrate of Police. Why the Lieutenant- Gov- 1855.
ernor, when the Governor was present in the Colony, should Governor Lieutenant-
have had precedence over the Chief Justice cannot be under- with pre-
stood, for, as is well known , in days of old Chief Justices ranked cedence
over
immediately after the Governor, and in many instances acted Justice. chief
for him. Conviction
The June Criminal Sessions were noted for the capture and brothers
conviction of two Chinese named Chui Ah Sam , the elder, and Chui Ah Sam,
pirates,
Chui Ah Sam, the younger, for burglary, the two being the Brother and
brother and nephew of the notorious Chui Apo, the murderer nephew
Chui Apofo.
ofCaptain Da Costa and Lieutenant Dwyer. * These men were Sentence
also known as pirates, and now received heavy sentences . of death
on Lee
At this Sessions another Chinaman, named Lee Akung, was Akung for
sentenced to death for murder, and executed on the 11th July. murder.
His execu
On the 2nd July the Government notified , by direction of the tion.
Secretary of State, that knowledge of Chinese would in future be Government
Notification
considered a good ground for promotion in the public service . that know-
ledge of
On the 3rd July Mr. Caldwell resigned his offices of Assis- grou Chinese
nd for
tant Superintendent of Policet and General Interpreter. promotion
Discontent at his position , especially in comparison with others, in the
service.
would appear to have been the immediate cause of his resigna- Mr. Caldwell
tion, and probably the idea also was that the Government resigns offices
of General
would be embarrassed at his resignation , for the local press, Interpreter
evidently inspired, had frequently touched upon the subject and and Assistant
Superin.
hinted that the Government, without Mr. Caldwell at its heels, tendent
and who undoubtedly to all appearances was a valuable public of Police.
servant, would soon find itself in an awkward position . § The at his
Discontent
Government on the 5th July accepted Mr. Caldwell's resignation , position.
expressing regret at the same time " at the termination of his Inspired
articles in
connexion with the Government to which for many years past the Press at
he had rendered so much important and valuable service . " || probable
result if he
Sir John Bowring, on the 6th July, appointed Mr. Thomas resigned.
Mr. Cald-
Wade to the Chinese Secretaryship in the Superintendency of well's
Trade in Hongkong, and on the 1st August, Mr. Alexander resignation
Grand - Pré was appointed to the office of Assistant Superinten- accepted. Government
dent of Police and General Interpreter in the room of Mr. Cald- expression
of regret.
well, resigned, being gazetted on the 9th. Mr. Grand - Pré was Mr. Wade
represented as an alien , and in other respects his appointment appointed
was unfavourably commented upon, and as a Police Commission Chinese
Secretary
had been sitting since the 1st August, this appointment was to the
Superin-
* See antè Chap. XII . § II. , pp. 296-299, and references there given. tendent of
+ See Chap. v. § II., p. 128.
See Chap. XII. § 1., p. 286.
On this subject, see antè Chap. XIII. § I., p. 327.
See Chap. XVII. § I., infrà., where Mr. Caldwell rejoins the service.
Antè Chap. XV., p. 350,
362 HISTORY OF THE LAWS , ETC. , OF HONGKONG .


Ch. XVI § 1. suggested as one for inquiry, having regard to the qualifications
1855. for the office of the senior officers passed over.
Trade in
Hongkong.
Mr. Grand- It was not very long, however, after Mr. Caldwell's resigna-
Pré ap- tion , that his absence as a Chinese interpreter was felt, and on
pointed to
replace Mr. the 24th August, Government, finding itself in a dilemma con-
Caldwell. sequent upon " the absence on sick leave of the regular Chinese
Mr. Grand- interpreter at the Chief Magistrate's office, " advertized " for a
Pré an alien.
The Govern qualified person to act in his stead for some months at $ 50 a
ment in a month ," "the ordinary hours of attendance " being stated to be
dilemma for
from 10 a.m. to 4 p.in. "
interpreters.

Frequent Robberies at this period were frequent in different parts of
robberies in
the town. the town, and amongst them one had been committed on the
The Chief Police-guarded premises of the Chief Police Magistrate. Now
Magistrate an important one was reported as having been committed in
robbed .
Victoria Gaol, in consequence of which the authorities were
severely taken to task, strong suspicion in this case resting upon
the European prison subordinates . The Gaol was under the
sole charge of a turnkey named Whelan , and on the 20th August,
Heavy Goodings, the Chief Gaoler, discovered the padlock of the store-
robbery in
the Gaol. room forced, and upwards of £ 90 , partly belonging to prisoners .
abstracted from a camphor- wood box wherein the property of
prisoners was kept, there being no safe in the gaol.


European The occasion was deemed appropriate , however, for noticing
subordinates
suspected. the small pay allowed the Gaol subordinates . The Chief Gaoler
Upwards had $45 a month ; his wife, acting matron, $5 ; McLaughlin,
of £90
abstracted. first turnkey, $24 ; and Whelan , the second turnkey, formerly
Small pay a private in the 59th Regiment, $ 15 . On these salaries all
allowed these people had to provide themselves ; and it was a matter for
the Gaol
subordinates. Surprise how Government imagined honesty could be maintained
in men of Whelan's class especially, on the small modicum he
received . Of the money lost a sum of £ 30 belonged to prisoners
who were entitled to its return on the expiry of their sentences.
The Sheriff, it appeared, had bought an iron chest for the
gaoler's use some months before, but as the Government would
not allow the disbursement, it lay in the robbed store -room un-
Turnkeys used . McLaughlin and Whelan were committed for trial for
committed
for trial. larceny on the 30th August, but the case being a weak one they
Prosecution were let out on bail, the prosecution being subsequently aban-
bandoned. doned by the Attorney - General.

A discharged
seaman A seaman named Clark , on the 7th September, sued Goodings,
sues the
gaoler the Gaoler, for £ 18 . 16s. 6d. moneys deposited by him in terms
for moneys
of Ordinance No. 1 of 1854, on the occasion of his being sent
deposited
by him. to gaol for refusing to do work on board ship. The defence
 THE CONDUCT OF MR. KEENAN, AMERICAN CONSUL . 363


was that the money had been stolen from the store -room in the Ch. XVI § 1.
Gaol, together with other moneys belonging to himself, the de- 1855.
fendant, and to other prisoners . The case was dismissed , the Chief Ordinance
No. 1 of
Justice holding that the Sheriff was the proper person to be sued . 1854.
The Court at the same time informed the plaintiff that, unless he Justice
The Chief
was prepared to prove gross negligence, the plaintiff must stand decides
the loss himself. On the plaintiff remarking that he had lost Sheriff
everything he possessed in the world and for which he had the proper
perso n to
worked hard , His Lordship replied " perhaps a memorial to the be sued.
Chief
Governor might obtain compensation - he, the Chief Justice, Justice's
was there to administer the law and could only suggest the suggestion of
a memorial
application ." to the
Governor.

A disturbance at a sale of Crown lands by auction at East Disturbance
Point on the 12th August, in connexion with which Messrs. at a public
auction
Jardine, Matheson , & Co. had previously remonstrated with the ofCrown
lands.
Government, and which on the day of the auction had the effect of Messrs.
deterring certain Chinese from purchasing the land owing to cer- Jardine,
tain threats which had been held out to them, induced the Govern- Matheson,
& Co., and
ment on the 19th September to issue a warning " that any per- the heldthreats
out to
son or persons causing interruption to or interference with any the Chinese.
land sale, to the injury of Crown rights or the detriment of the Government
public revenue, would he proceeded against according to law. " issue a as to
warning
consequences
The Act 18 and 19 Vict. c. 104 , for the Regulation of Chinese of inter-
fering with
Passenger Ships and giving powers to the Hongkong Legislature land sales,
in reference thereto, was passed on the 14th August. The Act
18 and 19
On the 4th October Government cancelled the Commission Vict. c.
104 for
of the Peace hitherto existent, and on the 5th and 17th October regulating
and 26th November, notified the nomination of those appointed Chinese
Passenger
to the fresh list. Ships.
Fresh list of
Justices of
At this period the records show the ungracious and illegal the Peace.
act of the American Consul , Mr. Keenan , in rescuing a prisoner The Ame-
who was being taken to gaol on conviction by the Chief Magis- Consul,
ricanKeenan
Mr. ,
trate. It appeared that the carpenter of the American ship Rein- rescues
deer, an Englishman , had been put in irons after having been a prisoner.
severely flogged by the master, C. W. Nichols . On his com-
plaint, the case was heard on the 23rd October , and the Magis-
trate, Mr. Hillier, fined the master $ 50 , with $ 25 compensation The facts.
to the injured man, who was represented by Mr. Stace. Mr.
Keenan was present at the hearing, and objected throughou t to
the jurisdiction of the Court, on account of the affair having
happened on board an American ship. The master refused to Rescued by
trickery and
pay the fine, and, as stated, on the way to the Gaol, through a taken on
trickery, he was rescued by the Consul from the Usher and board an
American
taken on board the U. S. S. Powhatan. man-of-war.
364 HISTORY OF THE LAWS, ETC. , OF HONGKONG.


Ch. XVI § I. This proceeding having been reported to the Chief Magistrate,
-
1855. out of respect to the American flag, Mr. May, the Superinten-
Mr. May goes dent of Police, went himself on board the Powhatan to demand
on board .
that Captain Nichols should be given up. There was no active
No assistance opposition shown to Mr. May, but no assistance was given him,
given him.
and as the master had either left the ship or was well concealed
Local on board, the Superintendent had to return without his pri-
acrimony soner. Meanwhile the pros and cons of the case were fully
against the
Consul's discussed locally, and much acrimony shown against the Con-
behaviour. sul's behaviour.

The Ame- On the 27th October, " the American citizens and masters of
ricans
address a American ships in Hongkong and China waters cognizant of the
letter of
occurrence of the 23rd October, " addressed a letter of approval
approval
to their to their Consul. The authorities in the meantime decided to
Consul.
prosecute Mr. Keenan , and he was summoned to appear before
Arrest and the Police Magistrate on the 1st November. Failing to appear a
committal
for trial of warrant was issued for his apprehension, and after inquiry on
the Consul. the 13th November he was committed for trial before the Supreme
Court, by the Assistant Magistrate, Mr. Mitchell, on a charge
of misdemeanour in rescuing a prisoner, assault, and assault and
battery, bail being taken for his appearance.


Charge The fine imposed against Nichols had in the meantime been
abandoned
on the paid . As regards the charge against Mr. Keenan , it had even-
advice tually to be abandoned on the advice of the acting Attorney-
of the acting General , Mr. Bridges, in consequence of Captain Nichols not
Attorney-
General.
having been legally in custody. The Chief Magistrate had
The reason. neglected to grant a warrant for the alternative of imprisonment
in default of payment of the fine, and the Usher had therefore
no legal authority for taking the offender to prison, so that
there could have been no rescue, which was the main charge against
Mr. Keenan, though, of course , being a mere point of form, this
did not affect the merits or demerits of the case.


Eccentricity In connexion with Mr. Keenan, it may be mentioned that
of Mr.
Keenan. this was by no means the first time he had shown his eccentric
conduct at the Police Court. In July last, a seaman of the Ame-
Case of the rican ship Annie Bucknam charged the mate of the ship with
Annie Buck assault .
nam. Consul Keenan retained Mr. Cooper Turner to defend
the mate, and with the latter appeared before Mr. Mitchell
Mr. Mitchell when the case was tried . Mr. Mitchell taking no notice of
and his
refusal to the Consul's presence, Mr. Turner reminded him that it was
extend to
Mr. Keenan only customary courtesy to offer a Consul , representing the
the cus- nation to which parties belonged, a seat on the Bench. Mr.
tomary Mitchell replied that Consul Keenan had on a former occasion
courtesy
of offering treated the Court with marked disrespect, and he should not
 MR. STERLING APPOINTED PUISNE JUDGE AT CEYLON. 365


think of acceding to Mr. Turner's suggestion . Upon this Mr. Ch. XVI-- § 1.
Keenan entered his protest to the Magistrate's jurisdiction , and 1855.
left the Court . In the result the defendant was fined and or- Foreign
Consul a
dered to be sent on board his ship as a deserter, and where he, seat on the
no doubt, met with his ' deserts .' Bench.


The subjoined translation of a proclamation issued to the Proclamation
Chinese community of Hongkong by the Governor, Sir John of Sir John
Bowring
Bowring, relative to meetings held in the Colony by persons to the
Chinese
engaged in planning a seditious movement against the Empire regarding
of China, was published on the 24th October for general informa- seditious
movement
tion . The government of the Colony, by the laws of England, against
it will be seen, is made prominent : - Empire
of China.
" Whereas the island of Hongkong is a part of the Dominions of Great Hongkong
Britain, and governed by its laws : as the people of every nation whatsoever laws and the
of
thereto resorting, either to reside or to trade, are entitled to the protection of England.
the British Government, so is no one of them, no matter to what nation be-
belonging, exempt from punishment of its laws if he venture to break them.
Information has been received that meetings have, of late, been secretly
held in the Colony by persons engaged in planning a seditious movement
against the Empire of China. Are they not aware that such proceedings are
utterly forbidden by the laws of this Government, and that they expose both
principals and accessaries to very severe penalties ?
It being deemed right to make public without loss of time the prohibitions
of the law affecting this offence, Notice is hereby given to all the inhabitants
of the Colony, that any person, whether Chinese or of any other nation, de-
tected in making, planning, or arranging an attack of a war-like character
upon any person in any part of China, will be proceeded against with the
utmost rigour of the law.
Such of you, the Chinese population, as continue to pursue your avocations
in peace, will have the benefit of protection as heretofore ; but those who,
ungrateful for that protection, presume to make use of this Colony as a place
in which they may assemble to contrive sedition, shall be handed over, the
moment they are discovered, to the Chinese authorities to be dealt with. The
warning given, it will be followed by the execution of the law. Let every
one attend and obey !
By Order,
W. T. MERCER,
Colonial Secretary. "
Colonial Secretary's Office, Victoria,
Hongkong, 24th October, 1855 .

The news of the appointment of Mr. Sterling, the Attorney Mr. Sterling
General, to a Puisne Judgeship in Ceylon , reached Hongkong appointed
Puise Judge
at the end of October without much regret. From the records at Ceylon.
he does not appear to have been over - popular nor " generally His career in
esteemed for forensic powers," and both " the learned gentleman Hongkong.
and the community were congratulated on his removal to a new
Local
and richer field of inaction , and as for the Ceylon folks , in the opinion.
words of Burns -' We wish them luck o' the prize man .'

* See Introduction, antè pp. 23, 24.
366 HISTORY OF THE LAWS , ETC. , OF HONGKONG .

Ch. XVI § I. The salary of Mr. Sterling's new appointment was £ 1,800 a
1855. year, while in Hongkong he drew £ 1,500, with the privilege of
private practice . Mr. Sterling had served the Colony eleven years
from the time of his arrival in July, 1844. *


Continued The Chief Justice being too unwell to hold the Criminal
illness of
the Chief Sessions, and the two postponements that had taken place in
Justice. consequence having been exhausted, the Governor, on the 26th
Block in
business. October , appointed a Commission consisting of " The Honour-
Governor able William Thomas Bridges , Esquire, acting Attorney- General.
appoints a as President ; the Honourable William Thomas Mercer,
Commission
to hold the Esquire, Colonial Secretary, and the Honourable Lieutenant-
Criminal
Sessions. Colonel Henry Hope Graham, Commanding the Forces, as
members , to discharge the office of Chief Justice at the next en-
suing Criminal Sessions, and no longer ; and His Excellency
Ordinance was further pleased to appoint under Ordinance No. 6 of 1846 .
No. 6 of
1846. Henry Kingsmill, Esquire, barrister-at-law, to discharge the
Mr. Kings- duties of Attorney- General at the Sessions aforesaid . " The Ses-
mill
sions was accordingly held on the 29th, 30th, and 31st October.
appointed
to discharge There were thirteen cases for trial comprising prisoners who,
duties of
Attorney- but for the appointment of the Commission, must have remained
General in Gaol for a considerably longer period.
at the
Sessions.
November
Criminal Sir John Bowring was of opinion that it was quite impossible
Sessions to postpone the Sessions, public feeling being, moreover, against
postponed. such a course . The event showed that the Governor was
Governor
appoints right, for, in consequence of the continued indisposition of the
the same Chief Justice, the November Criminal Sessions , fixed for the
Commission. 29th of that month , had to be postponed to the 29th December
following, when the Governor again appointed the same Com-
mission as before, with Mr. Kingsmill as acting Attorney.
Complete General, to dispose of the criminal work. It may be added
stagnation
of the Court that, during the whole of the period mentioned above, there had
work on the
civil side. been a complete stagnation of the work on the civil side of the
Mr. Day Court, and the Government now appointed Mr. Day, a local
appointed practitioner, to hold a Court of Summary Jurisdiction on the
to hold
a Court of 4th January to dispose of arrears, as the acting Attorney-
Summary General, Mr. Bridges, could not sit, in consequence of his hold-
Jurisdiction .
ing retainers in one or more of the cases to be tried .

* Sec antè Chap. II., p. 56.-" The late Paul Ivy Sterling, Esq., formerly a judge of
the Supreme Court of Ceylon, who died at Southsea. Hampshire, on the 23rd August, in
the seventy-fifth year of his age, was the eldest son of the late Reverend Joseph Sterling,
of Queen's County, Ireland, and was born in the year 1804. He was educated at Trinity
College, Dublin, and subsequently entered as a student at King's Inn, Dublin. He was
called to the Irish Bar in Michaelmas Term, 1829, and afterwards proceeded to Gray's Inn,
London. He was appointed Attorney-General in China in 1843 , and a Puisne Judge of the
Supreme Court of Ceylon in 1855. That office he filled till 1863, when he retired on a
pension."-The Law Times, 20th September, 1879, p. 364. His wife had predeceased him
on the 30th August, 1866, at Lower Brunswick-place, Brighton.
 APPOINTMENT OF MR . T. C. ANSTEY AS ATTORNEY- GENERAL. 367


The year 1855 saw some important measures pass the Legis- ch. XVÍ § 1.
lature, the most important ones as bearing upon the Courts 1855.
being Ordinance No. 2 relating to foreign attachments ; No. 5 Important
legislative
providing for the disposal of unclaimed balances of the estates measures
of persons dying intestate ; and No. 6 amending the practice and in 1855 .
Ordinance
procedure of the Supreme Court, and adopting certain provisions No. 2 of 1855 .
of the Common Law Procedure Acts , 1852 and 1854- ( 15 & 16 Ordinance
No. 5 of 1855.
Vict. c . 76 and 17 & 18 Vict. c. 125 ) . Ordinance
No. 6 of 1855.
On the 2nd January the Government notified that " in con- ch. XVI § II.
sequence of the continued indisposition of the Honourable the 1856.
ChiefJustice, the Governor had , under his hand and the seal of the Continued
Colony and in accordance with section 5 of Ordinance No. 6 of illness
of Chief
1845, appointed Mr. John Day, barrister-at- law, to sit in the Justice
Hulme.
place of the Chief Justice, and hear and determine such suits as Mr. Day
may be brought before him under the Summary Jurisdiction of appointed
the Supreme Court, on Friday, the 4th January, and following to sit in his
place.
days until all such cases shall have been adjudicated and deter- Ordinance
mined ." It was well that so simple a remedy could be applied No. 6 of
1845,
to what had been a growing grievance and to which attention section 5.
had been repeatedly called .

On the same day, owing to the continuance of disturbances in Continued
disturbances
China, Ordinance No. 1 of 1856 , re- enacting Ordinance No. 1 of in China.
1855 enforcing neutrality during the contest, was promulgated . Ordinan
No. 1 of
1856.
The news of the appointment of Mr. Thomas Chisholm Anstey ordinance
to the Attorney- Generalship of the Colony, in the place of Mr. No. 1 of 1855.
Sterling, reached Hongkong at this time . He was a barrister Appointment
of Mr. T. C.
of seventeen years ' standing, and as a member of Parliament had Anstey as
Attorney-
distinguish ed himself by hostility to Lord Palmerston as Foreign General
Secretary, and at the time of his appointment to Hongkong held in the place
of Mr.
the appointment of a Law Commissioner under His Lordship's Sterling.
administration . The following are biographical notices in regard His previous
to Mr. Anstey at the time of his appointment, and, as he played career.
such an important part in the affairs of Hongkong, for purposes
of record , they will not be found out of place. Biographical
The first notice notices.
is as follows :--

Anstey, Thomas Chisholm, [ Youghal] .