despatch to the Governor, recalling his attention to the case , reply.
evidently in ignorance of the fact that Mr. Tarrant was now
* Apart from the amalgamation of the two professions which existed at this period .
the Bar then consisted of Mr. Green, acting Attorney-General, Dr. Bridges, Mr. Kingsmill,
and Mr. Pollard. Mr. Kingsmill does not appear to have taken any active part in the
case against Mr. Tarrant, but he too apparently had been retained on behalf of Colonel
Caine. See the acting Chief Justice's speech in the Legislative Council on the 17th Nov-
ember, 1860, on the passing of Ordinance No. 16 of 1860, relating to the Press, and to the
disapproval he expressed at the whole Bar being retained by a prosecutor in a libel case--
Chap. XXXI., infrà.
624 HISTORY OF THE LAWS, ETC. , OF HONGKONG.
Chap. XXIX . being detained in prison on a question of costs for which Colo-
1859. nel Caine and Dr. Bridges alone were responsible . This illus-
Vindictive- trated most conclusively that the incarceration of Mr. Tarrant
ness of
Colonel was entirely an affair between Colonel Caine and Dr. Bridges,
Caine and
and simply indulged in for the gratification of the vindictiveness
Dr. Bridges, of the latter, if not of both. In fact, Dr. Bridges acknowledged
Dr. Bridges'
admission. that he had not incarcerated Mr. Tarrant for the sake of making
him pay a just debt, and that money was no object if ulterior
motives be obtained . He stated he would give the money to the
charities if the costs were paid , and subsequently offered to forgo
the entire amount if Mr. Tarrant would quit the Colony ; and Mr.
Tarrant, in reply, on the other hand offered to allow all matters
between Dr. Bridges and himself to drop , ifthe latter would leave
the Colony and never return to it. Dr. Bridges, being obdurate
The public
decide to in his determination to keep Mr. Tarrant in Gaol and seeing the
stand by Mr. cause which had overthrown him, and Mr. Tarrant the contemp-
Tarrant.
tible conduct of his oppressors who had had their innings to
A public their hearts ' desire, the public, moved to pity, decided to stand
subscription
raised on by Mr. Tarrant and again accorded him that support which
his behalf.
will ever recoil on those who may be said to have forfeited
all consideration, from the petty spite they so shamefully in-
dulged in.
On Saturday evening, the 4th August, 1860, Mr. Tarrant
was released from Gaol, having met Dr. Bridges ' bill of costs
fully, by a public subscription raised in his behalf.
Incarcerated But for this public demonstration Mr. Tarrant would have
for over four remained in prison for a considerable time longer-as it is he
months for
Dr. Bridges' had been incarcerated for over four months on account of Dr.
Bridges' ' little ' bill of costs , repeatedly denounced locally as
'extortionate .'
Mr. Tarrant's Mr. Tarrant's treatment was entirely characterized by injus-
treatment.
tice at first, partly for the sake of example, and afterwards by
spoliation and vengeance. He was first crippled by criminal juris-
prudence and then swamped with debt by civil process with in-
terest piled at twelve per cent. per annum from the date almost
of his incarceration which the acting Chief Justice and Jury
in vain attempted to alleviate, the bill of costs, moreover, having
A stigma So ended this scanda-
upon the been considerably reduced on revision .
administra. lous affair which not unnaturally cast a stigma upon the adminis-
tion of Sir
H. Robinson, tration of Sir Hercules Robinson at its very commencement.
As Colonel Caine was in reality Dr. Bridges' debtor for the
costs, and as a considerable portion of them were fees of counsel
earned by Dr. Bridges' coadjutor in the case, it would appear
as if Dr. Bridges had assumed the debt, simply for the purpose
of wreaking his vengeance .
MR. TARRANT'S CAREER AND DEATH . 625
On his discharge from prison , Mr. Tarrant, meeting with Chap. XXIX.
sympathetic friends , was able to start afresh in his old pursuits , 1859.
but his chequered career was not of much longer duration in Mr. and Tarrant
The
the Colony ." Friend of
China
Mr. Tarrant died in London on the 26th January, 1872, and the following obituary rerived.
Mr. Tarrant's
notice, taken from a local paper of the time, cannot fail to prove interesting : -" We regret death.
to observe, in The London and China Express, an obituary notice of Mr. William Tarrant,
well known as editor of The Friend of China newspaper. We believe few will hear of
his death without regret, as even those who disagreed with a portion of what he wrote
must admit that he was actuated by fair motives, though he was somewhat embittered by
the sense of wrong suffered in his earlier years." The London and China Express con-
tained the following notice : - " Few persons have passed through a more eventful career
than William Tarrant, who died in London on the 26th January. Arriving in China in
1837 , he was for a few years in the coasting trade. On the cession of Hongkong he ob-
tained an appointment under Government in the Land Office, and superintended the
cutting of that well known pass into the Wong-nei-chong Valley, and many other of the
early roads and works of Hongkong. From this he passed to the office of Registrar of
Deeds, including the drawing up of the leases and superintendence of sales of Crown lands
in the town, at that time very onerous work. He was a most faithful and indefatigable
servant of the Crown, and much appreciated by his superiors. His career of usefulness
in this way was cut short in 1847, by his denunciations of the conduct of the late Colonel
Caine, then Colonial Secretary, in certain transactions with the Chinese in the farming
out of market licences, in which Mr. Tarrant asserted that bribery had been accepted by
this official. He was arraigned before the Supreme Court for conspiracy and dismissed
from the Government service. He then, with aid of friends, purchased The Friend of
China newspaper, which he conducted in Hongkong up to 1859, when he was sentenced to
twelve months' imprisonment in a libel case against the same Colonel Caine. Shortly
after he removed his paper to Canton, and in 1862 to Shanghai. In 1869 he sold The
Friend of China, which shortly afterwards succumbed. He arrived in London in 1870,
much debilitated, and has suffered more or less since to the time of his death." At a
meeting of subscribers to and persons interested in the City Hall, Hongkong, on the
26th August, 1872, it was announced that the late Mr. Tarrant had bequeathed to the City
Hall Library, a complete file of The Friend of China which was then in transitu from
England. Mr. Tarrant, it may be added, was also the author of an Index to the Ordi-
naifces of Hongkong (antè Chap. XII. § 1., p. 280) and of a small book called The Early
History of Hongkong , to the close of 1844, published in Canton in 1862, and which
contained a series of articles reproduced from The Friend of China.
626
CHAPTER ΧΧΧ .
1859-1860 .
SECTION 1.
1859 .
Departure of Colonel Caine. - His career. - Complimentary addresses from Chinese and
Indians.-The Illustrated London News on the mirror which the Chinese presented to
Colonel Caine. -Remarkable coincidence on the departure of Colonel Caine.---Chief Justice
Hulme in 1847, fighting a libellous charge against him by Governor Davis aided by Colonel
(then Major) Caine.-- Colonel Caine's pension and death.- Notification regarding the
admission of persons within the Bar of the Court and the arrangement of seats.- Order
of Court re writs of capias ad respondendum and rules to be observed in the drawing of a
special jury in civil cases.--Resignation of Mr. Green, acting Attorney-General, through
ill-health.-- Mr. Kingsmill gazetted to act.-Dr. Bridges no longer eligible for Govern
ment employment. - Conviction of P. S. Kelly for extortion. - Increase of pay to the
Registrar and Deputy Registrar of the Supreme Court, and to the Crown Solicitor.
SECTION II.
1860 .
Mr. Kingsmill, acting Attorney-General, objects to Mr. Hazeland appearing as counsel
in a case wherein his partner, Mr. Cooper-Turner, was the attorney. -Ordinance No. 12 of
1858, s. 3. - The acting Chief Justice upon the point. - Removal of Chief Magistrate's
Court pending repairs. - The Magistracy at the present day described. -Order of the Queen
in Council providing for the exercise of jurisdiction over British subjects in Japan. -Act
6 and 7 Vict. c . 94. -- Order of the acting Chief Justice that Cause List be gone through
in regular order.
Ch. XXX § 1.
Departure COLONEL Caine, whose sinecure appointment as Lieutenant - Gov-
of Colonel ernor was abolished upon the separation of the Superintendency
Caine.
of Trade from the Governorship of Hongkong on the arrival of
Sir Hercules Robinson, and who had put off his departure in
order to prosecute Mr. Tarrant for his old and oft - repeated
personal attacks , took his final departure from Hongkong for
England on the 28th September. 1859, by the P. & Ö. Steamer
His career. Singapore. He was born in India, and had begun his career
there as a boy in 1804 , when Lord Lake was fighting with Hol-
kar, and ere the Mahratta country, the North- West Provinces,
Gujerat, and, in fact, the greater part of our present possessions
in India had fallen under British power. Mention has before
been made in this work of his military services in India , * where
he served with distinction either on the staff, or immediately
under the eyes of several of the most distinguished General
officers who there held commands. When he first came to
* See antè Chap. III. § III., p. 112.
CAREER OF COLONEL CAINE . 627
Hongkong in 1841 , there were only a line of matsheds along Ch. XXX § I.
the beach where Queen's Road now is, and a few huts in the 1859.
place occupied at the time of his departure " by the garden of
Messrs. Dent and Co. , " and on the first occupation of the island
he lived in a matshed. *
As Chief Magistrate, Colonel Caine adopted a very decided
military line of action and made his naine respected , if not
feared, among the Chinese . Sir Henry Pottinger, writing
to the Duke of Wellington on his behalf, offered " the
strongest testimony to his unceasing zeal and laborious ex-
ertions combined with great judgment. Up to the conclu-
sion of the war, the safety and well- being of Her Majesty's
subjects, who had located themselves on the island, were mainly
owing to his individual efforts and example." Sir John Davis ,
in 1846 , made him Colonial Secretary in succession to Mr.
Bruce, and on going to Canton in 1847 left him as Comman-
dant and acting Governor. He held the Colonial Secretaryship
till April . 1854 , when he was appointed Lieutenant - Governor,
from which time he had almost nothing to do , though undoubt-
edly Sir John Bowring had found his experience and advice
on most occasions of considerable value. Of his private life and
many other facts in relation to him -allegations as to which were
made when he was in office and which were never contradicted
-the less said the better, especially having regard to the un-
doubted good which he in many ways did to Hongkong in the Compli-
earlier days of his career, and both for his own sake and for addresses
mentary
that of the Colony, quite apart from the infirmities of years from
which had now crept in, it was well that his connexion with Chinese
Hongkong was now severed. Before leaving, the inevitable The Mus-
complimentary addresses were presented to him by the Chinese trated London News
and Indians of the place . In alluding to this in its number of the on the mirror
which the
14th April, 1860 , The Illustrated London News also gave an en- Chinese
graving of the mirror which his Chinese friends had presented to presented
Colonel Caine, " for whom," added the Journal, " no doubt he Caine.
to Colonel
had done many a good turn- (sic ) , words which, it may be add-
ed, did not fail to be wrongly construed locally.
A remarkable coincidence on the departure of Colonel Caine, Remarkable
coincidene :
which one cannot help noticing at this stage, was the similarity on the
of his position when compared with that of Chief Justice Hulme departure
Colonel of
in December, 1847 , leaving for England there to fight a libellous Caine.
charge which had been brought against him by Governor
* See also note to Chap. III § III., p. 113, infrà.
For purposes of record in this respect, the reader is referred to The Hongkong Daily
Press of the 10th February, 1860 ; 3rd July, 1861, and 17th June, 1863 ; The Friend of
China, 9th November, 1861, p . 696 ; The Early History ofHongkong, W. Tarrant, 1862, p. 12.
628 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. XXX § L. Davis under scandalous circumstances aided and abetted by
1859. Colonel ( then Major) Caine. Fate is truly singular in some
Chief
Hulme Justice things, and this was never more exemplified than in this case.
in 1847 , Although the unfortunate Chief Justice had to proceed Home
fighting a to clear himself of the libel, the sting of the charges of which
libellous
charge Colonel Caine had cleared himself in Hongkong still remained
against
him by in England, where Mr. Anstey, in his animosity to Colonel
Governor Caine, had not failed in his pamphlet on " Crime and Govern-
Davis aided
by Colonel ment at Hongkong, " as well as in speeches, to vilify Colonel
(then
Caine. Major) Caine in regard to those very accusations of Mr. Tarrant, and
as to which a local journal, while commenting upon the result
of the case against the latter, said that " a jury had gone out of
their way by acquitting him, on leaving, of the charges laid at
his door for years, although they saw that his opponent had all
the Bar retained against him, and although they knew that the
barrister who acted as the Colonel's counsel was actuated by
pure animosity against the said opponent. Concluding, the
paper added, " the result was an outrage for which the society
of this Colony is responsible ."
Colonel
Caine's On his retirement, Colonel Caine was allowed the splendid
pension pension of £ 2,250 per annum (due probably to the abolition of
and death.
his office ) he living many years to enjoy it. He died at the end
of 1871. *
Notification The following notification , regarding the admission of persons
regardingthe
admission within the Bar of the Court and the disposal and arrangement of
of persons
within the seats in the body of the Court, was published on the 5th Nov.
Bar of the ember, 1859 , and, taken in connexion with the board mentioned
Court
and the in January, 1852, † will be found of interest : -
arrangement
of scats. NOTIFICATION.
In consequence of the great inconvenience and noise caused by persous
crowding the space within the Bar of the Court, it is necessary to notify to
the public, that it is the intention of the Court to insist upon the observance
of the Rules regarding the admission of persons within the Bar, and which
rules are as follows, viz.:-That no person has any right of entry within the
Bar except the members of the Legal Profession , Members of Council, Jus-
tices of the Peace, Reporters for the Press, and parties in the cause , who are to
enter by the stairs at the right-hand corner to the hall of the Court House-
the Judge's private entrance being at the left-hand corner. Any person, not
entitled to enter within the Bar and wishing to do so, should send in his card
(or name) for submission to the Chief Justice .
The chairs on the raised platforms in the body of the Court are for the use
of the European, and benches in the centre for the native, community.
By Order of the Court,
W. H. ALEXANDER,
Registrar.
* Colonel Caine died on the 19th September, 1871 , at the age of seventy-three. He
had for some time previously been attacked with paralysis.
† Sec Ante Chap. XII. § III., p. 319.
LAW PARTNERSHIPS . 629
An order of Court dated the 14th November, relative to writs Ch. XXX § I.
of capias ad respondendum and rules to be observed in the draw- 1859.
ing of a special jury in civil cases, was passed by the Legislative Order of
Council on the 21st of the same month and published on the Court re
writs of
26th. capias ad
responden-
dum and
Mr. Green, the acting Attorney-General, now found himself rules to be
observed
compelled to resign his high position in consequence of ill- in the
health . * Indeed , at the time of his appointment in September, drawing of a
special jury
1858 ,† it was thought that he was not in a fit state of health to in civil cases.
hold office long. He, however, during his tenure of office, did Resignation
much credit to himself and had as recently as the 12th Novem- of Mr. Green,
acting
ber, 1859 , been gazetted to the Executive Council. In conse- Attorney-
quence of his resignation, Mr Kingsmill was, on the 16th General through
December, gazetted in his stead, with a seat in the Legislative ill-health.
Council , Dr. Bridges evidently being no longer considered eligi- Mr.
Kingsmill
ble for Government employment . gazetted
to act.
At the Criminal Sessions held on the 19th December, Wil- noDr. Bridges
longer
liam Kelly, a Police Sergeant, charged with extorting fifty eligible for
dollars, was sentenced to two years' imprisonment with hard Government
employment.
labour. Conviction
of P. S.
Kelly for
On the 21st November the Legislative Council considered extortion.
applications from both the Registrar of the Supreme Court and Increase of
the Crown Solicitor for increases of salary. The former drew Registrar
the
£ 600 a year, while the latter was in receipt of £ 150 per annum . and Deputy
Registrar
The official and unofficial members of Council considered the
Registrar's pay inadequate, and on the 26th December, the Supreme
Court, and
committee on the Estimates recommended that the Registrar's to the Crown
salary be increased to £800 per annum ; that of the Deputy Solicitor.
Registrar to £450 ; and that of the Crown Solicitor to £300 .
Ch . XXX § II.
1860.
On the 3rd January, 1860 , on a case which had been set down Mr. King-
for trial being called on, the acting Attorney- General, Mr. Kings smill, acting
mill, addressing the acting Chief Justice, said he had to call His Attorney-
General, ob-
Lordship's attention to the fact that Mr. Hazeland , who appear- jects to Mr.
ed for the defendant, was the partner of Mr. Cooper - Turner, the Hazeland
appearing as
attorney in the cause, and therefore was ineligible to act as counsel in a
advocate in the case, the language of section 3 of Ordinance No. case wherein
his part ner,
12 of 1858 being perfectly clear upon the point. Mr. Pollard , Turne
Mr. Cooper-
r, was
counsel for the plaintiff, remarked that on the previous day he the attorney.
had rather incautiously promised that he would not object to Ordinance
No. 12 of
See his death noticed in Vol. II., Chap. XXXVI. 1858 , s. 3.
↑ Antè Chap. XXIV., p. 539.
Section 3 "And no attorney having a law partner shall be allowed to act as
barrister in any matter where himself or his said partner is, or shall be, retained or acting
as attorney."
630 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Ch. XXX § II . Mr. Hazeland appearing, but at that time the section to which
1860. the acting Attorney- General now referred did not occur to him.
Mr. Hazeland applied to His Lordship to adjourn the case to
enable him to instruct counsel. Mr. Pollard said he was quite
prepared to go on and that the other side should have known
that it was their duty to obtain counsel.
The acting
Chief Justice The acting Chief Justice said he thought it would be unfair
upon the to force on the case under the circumstances , as Mr. Pollard had
point. himself led Mr. Hazeland to believe that no objection would be
made to his appearing as advocate. His Lordship said there had
been faults on both sides, and he should therefore postpone the
hearing of the case until the 7th January. The defendant was
ordered to pay the costs of the professional attendance and of
the jury, the other costs being costs in the cause. The acting
Chief Justice further remarked that the acting Attorney- General
had done no more than his duty in making the objection and
had done it in a very proper manner.
Removal of
Chief Magis- In reference to the Magistrates ' Courts referred to in April,
trate's Court 1859 , and the intention of the Government to pull them down
pending re- and re-build them, ** the Chief Magistrate's Court , it is recorded ,
pairs.
was at this time removed to the Harbour Master's old office on
the hill in order to allow the work to be carried out. As in
the case of the Supreme Court House, the Police Courts con-
The yMagis
trac at the tinued to be a matter of complaint for a considerable time, † and
present day it is interesting to note at this stage what was but recently said
described .
upon the subject by a local organ of public opinion ‡ ::-
:-
" One does not need to be fastidious in finding fault with the wretched
place in which the Police Magistrate of Hongkong exercises his functions .
We feel pretty confident in saying that there is not a more wretchedly-
lighted, ill-designed, and badly-ventilated Police Court in all the British
colonies. The room is abominably dirty, the ceilings are festooned with
cobwebs, and a fitting legend to place over the door of the place would be
that which Dante described as adorning the portals of the nether regions.
The dock is frequently crowded with prisoners, some in very advanced stages
of disease and filthiness, and just about two feet away is the one solitary
table that has to do duty for counsel, press, and police officers. It frequently
happens that there is no room in the dock for all the day's prisoners and then
the " overflow congregation " is jammed in between the dock rails and the
backs of the chairs of the solicitors and reporters. The close proximity of,
say, twenty or thirty people taken from a fantan " school " is not a comfort-
ing thing and several men of law have gone to much inconvenience rather
than endure the contiguity. Then also there is the dense throng of Chinese
that fill the rear part of the room. They are generally idlers of the coolie
class who come to kill time, and many of them bring loud and unpleasant
evidence of pulmonary troubles. In hot weather when an interesting case
See antè Chap. XXVI , p. 588,
† See ante Chap. XI., p. 237.
The Hongkong Telegraph, 9th March, 1898.
ORDER OF COURT AS TO CAUSE LIST . 631
(from a Chinese point of view) is in progress the atmosphere of the place Ch. XXX § II.
gives a suggestion of the " Middle Passage " in a slaver and the constant
1860.
hawking and expectorating is really sickening. In winter things are not
much better and the draughts that sweep through it have given many a cold .
Indeed , one of the worthy occupants of the Bench one day lately was quite
voiceless and at other times he has had to dispense justice with his hat on
owing to the draught. It is a common thing to see the gas alight during
the forenoon in winter and generally the present Police Court seems as badly
adapted for its purposes as it can possibly be....... "
On the 23rd January an Order was passed by the Queen - in- Order of the
Queen in
Council repealing the previous Order of the 3rd March, 1859 , Council pro-
providing for the exercise of Jurisdiction over British Subjects viding
exerciseforofthe
in Japan under the Act 6 and 7 Vict. c. 94. This Order, jurisdiction
however, was not promulgated in the Colony till the 11th May over British
of the following year, 1861. The above- mentioned Order-in- Japan.
subjects in
Council of the 23rd January, 1860 , was itself, however, subse- Act 6 and 7
Vict. c. 94.
quently amended by a further Order of the 4th February, 1861 ,
and published in the Colony on the 26th April of the same year.
The Court opened on the summary side as customary at ten Order of the
o'clock on Friday morning, the 3rd February, but, as usual the acting Chief
Justice that
parties interested were not in attendance and for some time Cause List
be gone
there was no business with which the Court could proceed . The hou
through in
acting Chief Justice then observed that in future he should go regular order.
through the Cause List in regular order, at the time appointed,
and that in every case in which the plaintiff and his witnesses did
not appear he would strike out the cause, or, if the defendant
and his witnesses did not appear, he would proceed with the case
as an undefended action. *
* Upon this point see also antè Chap. XVII. § I.. p. 398.
632
CHAPTER XXXI .
1860 .
A buccaneering raid. -Trial of Tam Achoy, Captain Baker, and others for fitting out the
Sir Jamsetjee Jeejeebhoy to commit hostilities against the subjects of the Emperor of
China. The facts. -Hakkas and Punti.- Yeh's detestable cruelty. -Tam Achoy's native
place. The Hakkas victorious. -The Punti appeal to the local Government.---The aim of
the expedition.--Chow Achoon made a stronghold. - Mr. Caldwell and other officers of
Government answerable for the blood -wreaking vengeance. - Defendants plead guilty.
-Affidavit of defendants in mitigation of punishment. —Mr. Caldwell's affidavit.— De-
fendants bound over to appear for judgment when called upon . - The acting Chief Justice's
decision. -English law in Hongkong.-The raid not conducted in an underhand manner.
Before starting on the expedition Tam Achoy consulted the Government.--How far the
affidavits affected Government.-The acting Chief Justice's refusal to allow copies of the
affidavits to be taken. -Advantage taken to draw again the attention of the Home Gov.
ernment and Parliament to the affairs of Hongkong.- Mr. Edwin James again moves
House of Commons.-The petition to the House of Lords by the Newcastle Foreign Affairs
Association. The condition of Hongkong twice brought before Parliament by the peti-
tioners. The Duke of Newcastle on the transactions at Hongkong which reflected little
credit on all the parties concerned .'--The petition of the Newcastle Foreign Affairs As-
sociation.--Apathy of Home authorities relative to representations of Associations on
Hongkong affairs.-The local support given to Mr. Caldwell. - The_Duke of Newcastle in
the House of Lords. -His instractions to Sir Hercules Robinson. - Inquiry into charges by
Mr. Anstey. The Governor " cautioned against stirring up again all that mass of mud
which encumbered society in Hongkong." --The discussion in the House of Lords. —The
Duke of Newcastle on what had been done to purify Hongkong.-- Mutiny of prisoners in
the Gaol. -The state of the Gaol . -The sentences of imprisonment passed in the Courts. —
The disgusting state of affairs prevalent in the Gaol.-Mr. Hillier's account of the Gaol
in 1855 -Unnatural crimes.--Robberies by fellow- prisoners. - Young criminals associated
with hardened criminals. The Reformatory started afterwards.- Mr. Hillier's report on
the Gaol.-Mr. Lyall's report in 1857.- The report of Messrs. Anstey and Rickett
in 1858.--Eli Boggs, the American pirate, released from Gaol. -Cruelty in other
forms in the Gaol.-- Suspicious death of Lye Mooey Chic. - His body exhumed .
-Had complained of illness and had been flogged.--No interpreter attached to
the Gaol. The verdict.--Ordinance No. 1 of 1860. - Departure of Mr. Mitchell,
assistant and acting Chief Magistrate, on leave. - Ordinance No. 2 of 1860.—Mr.
Mitchell's career reviewed .-- Mr. Alexander, Registrar, appointed acting Chief Magis-
trate. Mr. May, Marshal of the Vice-Admiralty Court.-- Departure of Mr. Parsons,
solicitor.- Mr. Pollard appointed his law agent.--Mr. Parson's death.--Death of Mr.
Newman, acting Harbour Master and Marine Magistrate.--Lieutenant Harris acting.--
Lieutenant Thomsett, of the Princess Charlotte, acting.- Return of Mr. Inglis to duty.-
Ordinance No. 4 of 1860.-- Mr. Masson, Deputy Registrar, goes on leave.--Mr. F. S.
Huffam, acting Deputy Registrar. -Mr. T. Turner, acting Clerk to the Chief Justice.—
Return of Mr. Weatherhead from leave.--Acting Chief Justice Adams appointed a
member of the Executive Council. -An anomaly. -The Governor in need of a good ad-
viser. Departure of Major-General Van Straubenzee.--Letters Patent of the 30th January.
1860, investing the Supreme Court with jurisdiction in civil suits originating in Japan.-
Mr. Kingsmill as acting Attorney- General. -Ordinance No. 7 of 1860. - Ordinance
No. 5 of 1858. - Credit for the introduction of Rules and Orders of Superior Courts
at Westminster belonged to Mr. Anstey. -Ordinance No. 8 of 1860. Interpretation.
Resignation of Mr. Dick, Chinese Interpreter to the Supreme Court.-- Appointed
interpreter to the Commissariat Department of the Expeditionary Force. - Nothing
vet done to inaugurate a system of educating interpreters. - Re-introduction of
Mr. Caldwell owing to his knowledge of Chinese. - Mr. Dick appointed Deputy Commis-
sioner of Customs at Canton. -Ordinance No. 11 of 1860. - Complaints against the press
being excluded from the Legislative Council. -Nothing being done towards promised
inquiry into grievances. -The Governor and Mr. Adams believed the press detrimental to
the well-being of Hongkong. -The scandal attached to the British Government in
China. - Mr. Caldwell notorious throughout Asia. -The London and China Telegraph
and the "unalterably-infamous administration of Sir John Bowring." Letter from
the Foreign Affairs Association to the Duke of Newcastle. - l'rotest against Mr.
MORE MALADMINISTRATION IN HONGKONG. 633
Anstey's treatment as compared with that dealt out to Dr. Bridges and Mr. Cald-
well. The tribute paid to Mr. Anstey. - The attack made by Mr. Anstey against Dr.
Bridges in the Caldwell Inquiry never resented or repudiated. -The renewed agitation
the cause of immediate instructions being issued to institute an inquiry.- Mr. Caldwell's
name doomed to come up ever and anon.- Conviction of Sung A Hing for coolie-kidnap-
ping.-Mr. Caldwell's name unfavourably mixed up.- He is charged by a local paper
with extortion and perjury, and brings an action for libel against the editor. -Plea of justi-
fication withdrawn by the editor. - Acting Chief Justice implies that an inquiry is pend-
ing into the conduct of Mr. Caldwell and others. - A tribunal where neither quirks nor
quibbles would be permitted.'-The Government Notification announcing inquiry into
alleged abuses before the Governor-in- Executive Council. -The beginning of a new era.—
The notification also published in Chinese. -Thirty-three more names added to the Com-
mission of the Peace. -Departure, resignation, and death of Mr. J. Jardine, M.L.C.— -Mr.
A. Percival nominated, rice Mr. Jardine.-Mr. A. Fletcher, M.L.C. , vice Mr G. Lyall, re-
signed. -Governor heretofore no power to remit penalties other than those due to the
Crown. - Dr. Bridges' bill of costs against Mr. Tarrant. - Ordinance No. 14 of 1880.--The
press in the Legislative Council. Speeches of the Governor and Mr. Adams.- Mr.
Adams confirmed as Chief Justice. -The Governor and Chief Justice acting under instruc-
tions. -The Governor's speech. The law of England was the law of the Colony from the
time of its cession .'- The Chief Justice's speech --Ordinance No. 16 of 1860.-Mr. Cald-
well or The Civil Service Abuses Inquiry.'-The members of the Committee. - Chief Jus-
tice Hulme pensioned. —His career reviewed.-' He was a very good Judge'.- His dilatori-
ness.-Pending reforms in Hongkong probably induced the grant of the pension. -The
pension.-Chief Justice Hulme's death. - Notification of appointment of Mr. Adams as
Chief Justice. - Salary of Chief Justice reduced.- Mr. Huffam, Clerk to the Chief Justice,
rice Mr. Weatherhead . -Chief Justice Adams goes to Shanghai on sick leave. - Comments
on inadvisability of reducing the Chief Justice's salary. -Jurisdiction over Consular
Courts.-Chief Justice Hulme and Chief Justice Adams on the Court's vacation.- The
necessity for the appointment of a Puisne Judge.-Dismissal of Mr. Clifton from the
Shanghai Police Force.- Mr. T. J. Callaghan appointed Chief Magistrate, rice Mr. Davies.
-His arrival.- Conviction and execution of Abdullah for murder. - Convention and Treaty
with China of the 26th June, 1858.- Murder by Chinese burglars of P.C. da Rocha and J.
Maria --Perpetrators undetected. -Marriage of Chief Justice Adams' eldest daughter.-
Conclusion.-Author's comments. Chap. XXXI.
1860.
A BUCCANEERING raid, destined further to engross the records A buccaneer
of maladministration and disorder in Hongkong is recorded at ing raid .
this period and was deemed of sufficient importance for discus-
sion in Parliament afterwards . At the Criminal Sessions held Trial of Tam
Achoy,
on the 21st February Tam Achoy, a Chinaman , Captain Baker, Captain
a British subject, and a number of other English and American Baker,for
others and
seamen were severally charged with misdemeanour in fitting fittin gout the
Sir Jamsrtj ee
out the steamer Sir Jamsetjee Jeejeebhoy with intent to com- Jeejeebhoy to
commit hos-
mit hostilities against the persons and property of the subjects of tilities
the Emperor of China. In other words, the parties had engaged against the
in a serious buccanee ring expedition against a Chinese village subjeEmpe cts of
the ror
near Mac ao in whi ch seve ral Eur ope ans and Chin ese wer e kill ed , of China.
the facts in reference to which were as follows. The facts.
When the rebels obtained the upper hand in the province of Hakkas and
Punti.
Kwangtung some seven years ago ( being then only prevented
from taking Canton by the action of the Governor of this Co-
lony and the British Admiral on the station ) , a large number
of Hakkas, i. e., strangers , banded themselves together and
offered their services to the Provincial Government . These
services were accepted and proved highly efficient . Upon the
rebellion being crushed, however, these lakkas would neither
disarm nor disperse. They probably were refused their just Yeh's detesta-
dues, or still more probably had cause to complain of Yeh's ble cruelty.
634 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XXXI. detestable cruelty. At all events they determined by force to
1860. dispossess the Punti, i. e. , children of the soil , of certain districts
Tam Achoy's of which Yunping, Tam Achoy's native place, was one, and
native place. themselves become the owners and tillers of the soil. The
probability was that the Hakkas were starving and , being driven
to desperation, helped themselves to food -a proceeding which ,
of course , the Punti resisted to the death .
Under such a state of things, and considering the unrelent-
ing cruelty and unscrupulous animosity of the Cantonese to
their enemies, it could hardly be wondered at that war to the
knife soon became the order of the day. The enormities com-
mitted by the Hakkas as described by the Punti were heart-
rending, but, looking at this expedition of Tam Achoy, it would
The Hukkas appear that much of the cold -blooded slaughter described was
victorious. provoked by retaliation . The Hakkas were ultimately victorious
The Punti and overran Yunping as well as some adjoining districts . In
appeal to vain did the Punti appeal to the local Government. The man-
the local
Government. darins deemed the matter a faction fight and left it to be fought out.
More singular still , the Hakkas flew imperial Tartar banners when
they marched against their enemies. Having thus possessed them-
selves of the country, they seem to have murdered or driven the
Punti away, of course, retaining a number ofthe women for ransom
or otherwise, and settling on the soil, tilling it and simply seeking
quiet possession . Tam Achoy's clan must have made themselves
very inimical towards these marauding interlopers , as the
village of which he was a native had been entirely destroyed by
them some time previous and there could be no doubt that
many of Tam Achoy's relatives had fallen by the hands of the
Hakkas and very probably some females near akin to him were
in their hands . His conduct therefore in equipping these ex-
peditions was perhaps manly and commendable, morally speak-
ing, but the act of mercenaries who joined him in a political
affair, which both the Chinese and British authorities had de-
clined to notice was quite another matter. The districts
ravaged by the Hakkas were those from which the bulk of the
Chinese who emigrated to California and Australia came.
These men had raised a subscription among themselves , elect-
ing Tam Achoy treasurer and manager. He selected the
village of Chow Achoon as the object of attack, not because of
any peculiar atrocities having been committed there, but because
he thought it was accessible to artillery from the water, and
could be attacked with success by foreign vessels.
The aim of
The aim of the expedition was therefore vengeance and the
the expedi
tion. destruction of human life. The Hakkas proved to be Tartars, as
DEFENDANTS ' PLEA IN THE BUCCANEERING RAID . 635
their banners proclaimed . To guard against pirates and to Chap. -XXXI .
provide themselves with a port on the coast, they had made 1860.
Chow Achoon a stronghold . It being imperative that bucca- Chow
Achoon
neering, in whatever shape and for whatever cause, should be made a
summarily stopped , the local authorities deemed it advisable to stronghold.
take up the matter, the more so as it was surmised that some of
the officers of the Government , especially Mr. Caldwell, were Mr.
and Caldwell
other
mainly answerable for this piece of blood -wreaking vengeance , ifofficers of
not in countenancing it , at least in not stopping it. On being Government
answerable
arraigned , the defendants severally pleaded guilty of the misde- forthe
for the blood-
meanour with which they were charged, and in mitigation of wreaking
vengeance.
punishment Tam Achoy, James Baker, and Thomas Brasil hand- Defendants
ed in the following affidavits from themselves and from Mr. plead guilty.
Caldwell to the Chief Justice, which were duly read in open Affidavit of
defendants
Court :- in mitiga-
tion of
IN THE SUPREME COURT OF HONGKONG. [ unishment .
The Queen v. Tam Achoy.
The Queen v. James Baker.
and
The Queen v. James Baker and Thomas Brasil.
We, Tam Achoy, of Victoria, Hongkong, Chinese trader, James Baker,
master of the Steamer Jamsetjee Jeejeebhoy, and Thomas Brasil , chief officer
of the said vessel, the two latter make oath, and the said Tam Achoy, being
a heathen, duly warned , do declare and say—
And first we severally say—
1. That we have in entire ignorance committed a breach of the law , and
had we been aware that we were violating the Foreign Enlistment Act or
any other Act or Ordinance by the course of action we entered into with
regard to the expedition against Chow Achoon, we would most certainly have
desisted therefrom .
And I, Tam Achoy, for myself say-
2. That I am a native of Chong Hong, which is in the immediate neighbour-
hood of Chow Achoon, and was requested by Chin Que Yon, the Imperial
Mandarin residing at O-Fook, and having jurisdiction over Chow Achoon,
Chong Hong, to charter a steam vessel to enable him the said Chin Que Yon
to bring into subjection a tribe of Hakkas who had forcibly taken possession
of Chow Achoon and were committing great ravages throughout the neigh-
bouring country, and also to hire some foreigners in Hongkong to assist the
said Chin Que Yon in such attempt.
3. That I had no idea of deriving any pecuniary or other benefit whatso-
ever from the hiring of such steamer, or such foreigners as aforesaid, and not
being aware that I was in any way offending against the law, and of my own
knowledge being assured that much injury had been caused to my native
place by the Hakkas in question , I co-operated in hiring such steamer and such
foreigners.
And we, James Baker and Thomas Brasil, for ourselves severally say -
4. That we took no part whatsoever in the transactions connected with the
hiring of the said steamer, engaging the said foreigners or with the sub-
sequent operations at Chow Achoon beyond continuing our avocations as
636 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. XXXI . master and chief officer of the said steamer, which employ we have both
held for some time.
1860.
And we, the said Tam Achoy, James Baker, and Thomas Brasil, severally
further say--
5. That as a proof of our not having wilfully broken the law, we allege
that we had applied to the Government for the use of a gunboat to co -operate
with the said steamer in the said operations and for leave to charter a steamer ;
and that such application was made through the Registrar-General, and from
the said Registrar- General an answer was received to the effect that the
Government could not interfere.
Sworn at the Supreme Court House, Victoria,
Hongkong, this 21st day of February,
1860, the deponent Tam Achoy having JAMES BAKER .
been duly warned by Thomas Dick, sworn THOMAS BRASIL .
Interpreter , to interpret in accordance with
the Ordinance in that behalf, then declared
the contents of the above to be true.
Before me
F. S. HUFFAM,
A Commissioner, etc.
Mr. Call- The following was Mr. Caldwell's affidavit :-
well's
affidavit. IN THE SUPREME COURT OF HONGKONG,
The Queen . Tam Achoy.
The Queen v. James Baker.
and
The Queen v. James Baker and Thomas Brasil.
I, Daniel Richard Caldwell, of Victoria, Hongkong, Registrar-General,
make oath and say—
1. That in the month of December last past , Achoong, P. & O. compra-
dore, came to me and asked me whether he might charter the steamer
Jamsetjee Jeejeebhoy, to Tam Achoy to go to Tsoo Choong to operate against
the Hakkas. I informed the said Achoong that if it was a private matter it
could not be done, but that it might be otherwise if he had the authority of
the Chinese Government ; and I stated that Tam Achoy must come and see
me on the subject. Within a day or two after this Tam Achoy waited on me
and produced a written authority which I found from the seal to be from an
officer of the Chinese Government, asking him to assist in operations against
Hakkas at Chow Achoon.
2. That I then waited on the Colonial Secretary, and stated the fact, who
said that he did not see any objection to the charter as the Chinese Govern-
ment were the charterers, aud I informed Tam Achoy to the effect that the
charter might be made.
3. That on a subsequent occasion James Baker, the master of the said
steamer, waited on me from Tam Achoy stating that the steamer had been
fired upon at Chow Choong, and asking for the assistance of a gunboat,
whereupon I applied to the said Colonial Secretary, who stated that it was
entirely a Chinese matter, and our Government could not interfere and this
answer was communicated by me to the said James Baker.
Sworn at the Supreme Court
House, Victoria, this 21st ( Signed) D. R. CALDWELL.
day of February, 1860.
Before me
F. S. HUFFAM,
A Commissioner, etc.
THE ACTING CHIEF JUSTICE ON THE BUCCANEERING RAID. 637
The Court, on consideration of the circumstances set out in Chap. XXXI .
-
the affidavits, took a lenient view of their case and only bound 1860.
the defendants over to appear for judgment whenever called Defendants bound over
upon. In delivering judgment, the acting Chief Justice spoke to appear
as follows :- for judg
ment when
He said that the defendants had acted wisely in adopting the advice of called upon.
their counsel, it being quite impossible to deny that a breach of the law had The acting
been committed . Having done an illegal act the only proper course which Chief
was open to them was to confess their fault, and to bring forward such cir- Justice's
decision.
cumstances as they were able in extenuation or mitigation of their offence .
It would be a gross violation of international law if persons - whether natural-
born subjects or foreigners -domiciled in one State, were to be permitted to
levy war or fit out hostile expeditions against the subjects of another State,
against whom no declaration of war had been made by the sovereign authority.
If such proceedings were tolerated , peace between any two nations would
soon become impossible, as there are always to be found persons , who, for the
gratification of private animosity, revenge of individual wrongs, real or
imaginary, the hope of plunder, or even the love of excitement and adven-
ture, would not hesitate to embark their property, and induce the more
needy to risk their lives, in hostile expeditions against the persons and pro-
perty of subjects of friendly powers. All such acts were contrary to the
spirit and the letter of the English law, which would be found sufficiently
strong, when duly administered , to restrain and punish those who might
offend. It was not to be endured that acts, such as the defendants had been
guilty of, should be perpetrated in a British Colony ; and all persons must be
taught that not only the subjects of the Queen of England, but foreigners English
also resident on this island, where they receive the protection of the British law in
law , must in return submit to the authority of that law, and not avail them- Hongkong,
selves of the asylum which they here enjoy to equip, and send forth hostile
expeditions, by which just cause of offence would be given to the sovereign
of a neighbouring country. It was the duty of every State to enforce obedi-
ence to its own laws, and to protect its own subjects ; and if, unhappily,
injury and wrong resulted from the weakness of the Government, and the
inefficiency of the officials of the Chinese empire, those who were aggrieved
were entitled to call for the intervention and protection of their own rulers,
but they must not seek to right themselves by the strong hand, and invade
the territory of a power, against whom no declaration of war had been made
by the only authority legally competent to do so. In the present case, the
extenuating circumstances were exceedingly strong- stronger, he thought,
than he had ever before known-for the defendants had evidently acted under
the impression that they had a right to do as they had done ; they had made
no secret of their intentions, and (which was most important) they had, as
appeared from the affidavits which had been handed in, been applied to , in
the most formal manner, by a Chinese mandarin, to assist him, with men and
materials, to attack a large number of his own fellow- subjects, against whom
complaints had been made, but who were strong enough to treat with con-
tempt the efforts of officials who had the will, but not the necessary forces, to
suppress evil practices, and inflict merited punishment upon the evil-doers. It
was evident that Tam Achoy was anxious to carry on a clannish feud, and
had availed himself of the appeal for assistance which was made to him, in
order to exterminate, if possible, the enemies of the clan to which he belongel ;
but no expeditions, such as he had organized, would be tolerated, or escape
the vigilance of the authorities of this island, and although he (the acting
Chief Justice ) felt justified , under all the peculiar circumstances of this case ,
in dealing leniently with the defendants, he wished them, and all others who
might hear him, distinctly to understand, that if an offence of a like nature
should again be committed, the offenders would most assuredly be punished
638 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. XXXI , with great severity. He desired to afford the defendants an opportunity of
1860. proving that they sincerely regretted the illegal and mischievous transaction
in which they had been engaged, and he would therefore abstain from passing
sentence on the present occasion. The principal offender. Tam Achoy,
would enter into recognizances , himself in £ 1,000, and two sufficient sureties
in £ 500 each, to appear when called on, and abide the judgment of the Court ;
the defendant, Baker, would enter into his own recognizance in £500 , and
two sureties in £250 each ; and the remainder of the defendants in the sum
of £250 each.
The raid not This act of misdemeanour to which the parties had pleaded
conducted
in an under- guilty with the more serious buccaneering raid in which they
hand manner. were engaged, was not conducted, as may have been seen , in
an underhand manner nor without encouragement which many
Before would probably have considered sufficient. Before starting on
starting
on the his expedition , Tam Achoy consulted , through Mr. Caldwell, the
expedition Government of the Colony upon the subject, and received no
Tam Achoy
Warning out of the scrape. It is difficult to say whether or not
consulted the
Government. he received any actual encouragement. This fact was put for
How far the ward by the
affidavits defendants in their affidavit, and of a similar tenour
affected was that made by the Registrar- General himself. It is difficult
Government. to say exactly how far these affidavits affected Government, for
unfortunately at the time, both for himselfand for the Government,
The acting it is recorded that Mr. Adams, the acting Chief Justice , departed
Chief
Justice's so far from the usual course in such cases by refusing copies of
refusal to
allow copies the affidavits, on application made to him, although they had
of the been
put in by the defendants in mitigation of punishment, and
afidavits
be taken. to had been read in open Court. Naturally this refusal, coupled
with the reticence of the Government upon the subject, tended
to leave matters in a very dubious and suspicious light as regards
Mr. Caldwell and Mr. Mercer, while the refusal of the acting
Advantage Chief Justice to give copies of the affidavits, even if there had
taken to
draw again been good reasons for such a departure from the ordinary rule,
the attention did not serve to enlighten the aspect of the scene, and the
of the Home
Govern ment matter was therefore taken advantage of to draw again the atten-
and Parlia tion of the Home authorities, and particularly of the House of
ment toofthe
affairs Lords , to the affairs of Hongkong generally .
Hongkong.
Mr. Edwin
James again Accordingly, on the 6th March, Mr. Edwin James again drew
moves House the attention ofthe House of Commons to Hongkong grievances
of Commons. by asking for the production of all papers which were likely to
be of service in a debate. The following were the terms of his
motion :-
" Copies of all correspondence, or other papers, on the following subjects,
or any of them : —
The resignation of the Justiceship of the Peace for Hongkong by Mr.
Thomas Chisholm Anstey, sent in to the local Government on the
13th day of May, 1858 :
RENEWED AGITATION REGARDING HONGKONG AFFAIRS . 639
His suspension, on the 7th day of August, 1858 , from the Attorney- Chap. XXXI.
Generalship of the Colony of Hongkong, and from the Office of
1860.
Counsel to the Superintendency of Trade in China :
The Case of the Queen v . Tarrant for Libel, tried at the November Ses-
sions ( 1858) of the Hongkong Supreme Court (Criminal side) :
The Charge of alleged complicity of Mr. Caldwell, J.P. and Protector of
Chinese at Hongkong, with Hongkong Pirates :
The Charges made against the acting Colonial Secretary ( Dr. Bridges)
with reference to the foregoing subjects, and also the Opium Farm
Monopoly :
The Proceedings against Mr. May, Superintendent of Police at Hong-
kong, Mr. Tarrant, Registrar of Deeds there, and the Police Court
Interpreter Tong Akou, and the dismissal of the Police Court Inter-
preter Assam, for having severally given evidence against the said
parties, or any of them :
And the Imperial Regulations (if any) by which the several Suspensions
or Removals before mentioned were authorized."
These papers were duly produced on the 16th March, and , on
the 21st of the same month, ordered to be printed by the House
of Commons . *
A petition was also presented to the House of Lords by the The petition
Newcastle Foreign Affairs Association relative to the ' piratical to
of the
LordsHouse
attack ' of Tam Achoy and others. More than a year before, by the
the condition of Hongkong had twice been brought before Par- Newcastle
Foreign
liament in consequence of the exertions of the petitioners. In Affairs
the second instance, a petition , containing a list of charges of Association .
The condi-
the most injurious character, not one of which had, up to this tion of
Hongkong
time, received any answer whatever, in either House , except twice
"no information," was addressed to the Queen, and by the Queen brought
before
sent to the Colonial Office with Her Majesty's express command Parliament
to give attention to the same. by the
petitioners.
As the Duke of Newcastle said " an enormous . Blue Book had The Duke of
subsequently been published by the Colonial Office, in reference Newcastle
on the
to all these transactions at Hongkong, which reflected little credit transactions
on all the parties concerned." The petitioners alleged , and how at Hongkong
whic h
truly may be judged by this admission, that this Blue Book reflected
little credit
confirmed every statement in their former petitions . Finding on all the
parties
then, after the lapse of more than a year , the same offences con- concerned.'
tinuing to be repeated by the same officials whom they formerly
* A notable fact in regard to Mr. Edwin James' motion was, that whereas in his first
motion to a similar purport in April, 1859, (antè Chap. XXVI ., p. 588) he had included
the charges made against the Lieutenant- Governor of Hongkong (Colonel Caine) and his
Chinese compradore, with reference to extortion and bribe-taking in the years 1846 and
1848 (item 6),' he now confined himself to those matters which he considered had not been
yet or satisfactorily solved , regard being had, moreover , to the fact that the case of Colonel
Caine against Mr. Tarrant for libel (ante Chap. XXIX., p. 605) had now solved most of
the questions relating to Colonel Caine himself."
640 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap.-XXXI . accused, they now transferrel the issue from the subordinates
1860. to the principals .
The petition The following was the petition above alluded to presented by
of the
Newcastle the Newcastle Foreign Affairs Association : -
Foreign
Affairs
Association. To the Right Honourable the Lords, Spiritual and Temporal, of the United
Kingdom of Great Britain and Ireland, in Parliament assembled.
Humbly Sheweth :-
That your petitioners are informed that Tam Achoy (a Chinaman, a noted
resident at Hongkong) , Captain Baker (an English subject ) , and a number of
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