the-history-of-the-laws-and-courts-of-ho — Page 45

American and European sailors recently made a piratical attack on the
Chinese village Sun-ning near Macao, in which three Europeans and a num-
ber of others were killed .

That a steamer, flying the British flag, was chartered by Tam Achoy for
this expedition.

That on Tuesday, February 21 of the present year, Tam Achoy, Captain
Baker, and others, who were engaged in fighting, were brought to trial be-
fore the Supreme Court at Hongkong, charged with misdemeanour.
That the accused pleaded guilty, but made affidavits in which they put
forward the fact in mitigation of punishment, that before starting on their
expedition they consulted the Government of the Colony concerning it,
through Mr. Caldwell, the Registrar-General and Protector of Chinese, and
received no warning from the said Government to prevent their proposed
expedition.

That to the truth of this statement the Registrar-General of Hongkong
himself bore witness in an affidavit which he also made.

That, in consequence, no sentence was passed on Tam Achoy, Captain
Baker, and the others.

That the acting Chief Justice, Mr. Adams, did withhold the above-men-
tioned affidavits, which had been read in open Court, when application was
made to him for them for the purpose of publication .
That a newspaper at Hongkong, The China Mail, in reference to these
circumstances, made, in February 2, the following statement : -
" The expedition against Sun-ning was only the natural development of
the system of attacking alleged pirate fleets and villages with English gun-
boats , on very insufficient information as to the real facts of the case, and of
interfering with Chinese quarrels which can be far better settled by the
natives themselves. Mr. Caldwell was the official here best fitted to diseri-
minate between pirates and others ; yet even he had the almost incredible
stupidity to direct Captain Bythesea against Namtow, because of acts com-
mitted by a junk in the legitimate action of the Chinese Customs. The
Namtow people came to Hongkong and engaged a lawyer to prosecute in
this matter ; but they must have been bought off, for when everything was
clear before them and legal opinion in their favour, they suddenly left the
place, and gave up the prosecution ."
That in February last year a petition, signed by the Mayor, on behalf of a
public meeting of the inhabitants of this town, was laid before your Right
Honourable House, praying for justice in respect to conduct similar to that
 PETITION TO HOUSE OF LORDS ON HONGKONG AFFAIRS . 641


above recited on the part of the Registrar-General and other officials at Chap. XXXI .
Hongkong.*
1860.
That in June last year a petition to the same effect, signed by the Mayor,
on behalf of another meeting of the inhabitants of this town, was presented
to Her Majesty, to which Her Majesty was graciously pleased to reply on
the 2nd of July that she had " commanded the said petition to be referred
for the consideration of the Secretary of State for the Colonies. "†

That in March of the present year in return to an address of the Honour-
able House of Commons, a volume of official papers relating to Hongkong
was laid before your Right Honourable House, which papers confirm , to the
fullest extent, the statements contained in the above-mentioned petitions.

That, nevertheless, no steps have been taken by your Right Honourable
House to redress the grievances complained of ; the cousequence being the
continuance of the customary state of things at Hongkong, as evinced by the
circumstances of the above-mentioned trial for piracy of Tam Achoy and
Captain Baker.

That your petitioners attribute this state of things to the conduct of the
late and present Secretaries of State for the Colonies, in neglecting Her
Majesty's commands to give consideration to the complaints of Her Majesty's
subjects ; and, further, in upholding guilty officials and punishing only
their accusers.

Your petitioners, therefore, humbly pray your Right Honourable House to
inquire into the aforesaid conduct of the Colonial Office, and to take such
steps as to your Right Honourable House may appear necessary to vindicate
the honour of the Crown and do justice.

And your petitioners will ever pray.
Signed on behalf of the Association,
GEORGE CRAWSHAY, Chairman.
ROBERT BAINBRIDGE, Vice- Chairman.
GEORGE STOBART, Secretary.
May 31 , 1860.

The somewhat apathetic conduct of the Home authorities in Apathy
giving attention to the earnest representations of those associa of Home
authorities
tions and other institutions interested in the welfare of Hong- relative to

kong naturally gave rise to indignation, and the strong language representa-
used in the foregoing petition is therefore not to be wondered Associations
The persistent support given to Mr. Caldwell by the local on Hong-,
kong affairs.
authorities, which emboldened him all the more, naturally The local
evoked the greatest distrust, having regard to the time which support
given to
had already elapsed and the repeated complaints formulated, that Mr. Caldwell.
anything would be done to get rid of him, or that such reforms
would be carried out as the needs of society and administration
demanded in the Colony.

* See antè Chap. XXVI. , p. 581 .
Antè Chap. XXVIII., p. 601 .
The words in italics are, of course, those which caused the Duke of Newcastle in the
House of Lords to " assure the House that there was not that neglect on the part of the
Colonial Office which the petitioners supposed to exist because every determination of the
Government was not communicated to them." See debate next page.
642 HISTORY OF THE LAWS, ETC. , OF HONGKONG.

Chap. XXXI. On the 28th June a discussion took place in the House of
1860. Lords upon the petition . The Duke of Newcastle clearly showed
The Duke of what his instructions had been to Sir Hercules Robinson in
Newcastle
in the House regard to the charges raised by Mr. Anstey. He showed there
of Lords. had been no neglect . He had directed the new Governor to
His instruc-
tions to Sir make an inquiry into the various charges raised by Mr. Anstey,
Hercules "cautioning him, however, against stirring up again all that mass
Robinson.
of mud which appeared to have encumbered society in Hongkong."
Inquiry into
charges by Hence probably the cautious manner with which the new Gov-
Mr. Anstey. ernor was proceeding with the many matters calling for his
The Gov-
ernor attention , and the withdrawal of Mr. Mercer's notice of motion
"cautioned in reference to the press of the Colony, * after the conviction and
against
stirring up heavy sentence passed upon Mr. Tarrant, deemed apparently
again all sufficient as a temporary warning to others and sufficient for all
that mass of
mud which purposes at all events for the present.
encumbered
society in
Hongkong." The following was the discussion before alluded to , which
The discus clearly shows the ' evil reputation ' then attached to the Colony: -
sion in the
House of " Earl Grey presented a petition from persons in Sheffield and Newcastle,
Lords. complaining that an officer of the local Government at Hongkong had been
mixed up with a proceeding of so improper a character as a piratical attack
on a Chinese village. The noble Earl said he knew nothing of the transac-
tions adverted to by the petitioners beyond what had appeared in the news-
papers, but he thought the state of affairs at Hongkong required serious
consideration.

The Duke of Newcastle said he had as yet received no accounts from
Hongkong of the particular attack stated in the petition to have been made ;
and had he been aware that the noble Earl intended to present the petition
that night he would have inquired whether any despatches on the subject
had been brought by the mail just arrived . He assured the House that
there was not that neglect on the part of the Colonial Office which the
petitioners- members of the Foreign Affairs Committees of Sheffield and New-
castle -supposed to exist because every determination of the Government
was not communicated to them. [ Laughter. ] An enormous Blue Book had
been printed by the Colonial Office in reference to all these transactions at
Hongkong, which reflected little credit on the parties concerned , and care-
ful inquiry had been instituted respecting them. On his appointment to the
Colonial Office he found that his predecessor in office had nominated a new
Governor for Hongkong, in consequence of the anticipated return of Sir J.
Bowring. He, therefore, directed the new Governor to make an inquiry into
the various charges raised by Mr. C. Anstey, cautioning him, however,
against stirring up again all that mass of mud which appeared to have en-
cumbered society in Hongkong. He had not yet received an account of the
result of the inquiry prosecuted by that gentleman. He was bound to add,
though with the greatest possible regret, that in no part of Her Majesty's
Dominions was libel so rife and flagrant as in Hongkong. For men to libel
one another in the most reckless manner seemed to have become the normal
state of society in that island. There had been prosecutions for libel , some
of which were successful, and some not successful, but he mentioned this to
caution their Lordships against placing the same amount of credit in state-
ments in Hongkong newspapers, unless authenticated by other circumstances,

* Ante Chap. XXIX., p. 616,
 CONDITION OF THE GAOL IN HONGKONG . 643


as, he was happy to say, they were accustomed to place in statements pub- Chap. XXXI.
lished in English newspapers. [ Hear, hear. ] The inquiries into these
1860.
charges had been neglected, and he hoped that those who were interested in
the well-being and respectability of the society of Hongkong would further
any efforts which he might make to redeem the Colony from the evil repu-
tation which, in consequence of these transactions, attached to it. [ Hear,
hear. ]

The Earl of Hardwicke said it was quite impossible that the Government
could undertake to enter into correspondence with Committees on foreign
affairs ; but he was rather inclined to applaud these associations, he believed
generally of artisans -at all events, they were artisans who formed a depu-
tation from one of the committees on foreign affairs which waited on him.
They took pains to read all the Parliamentary papers, and to instruct them-
selves, to the best of their ability, in foreign affairs. He believed they were
extremely well- informed men, and he should be sorry if they imagined they
were treated with indignity because the Secretary of State refrained from
a correspondence upon subjects in which they took great interest. [ Hear,
hear.]"


The discussion , it will be seen , referred more to the Foreign The Duke of
Newcastle
Affairs Associations established in Newcastle and elsewhere than on what had
to Hongkong, and could not therefore have failed to prove been done
to purify
a very great encouragement to the members of those associa- Hongkong.
tions. Having a grave charge to meet, the Duke of Newcastle
attempted to meet it by getting up a laugh against his accusers .
The Duke of Newcastle was thus forced to explain what it was
he had done to purify Hongkong.


Early in March the prisoners confined in the Victoria Gaol, Mutiny of
through some dissatisfaction, mutinied , but by promptitude the prisoners
the Gaol. in
riot was soon quelled and the mutineers punished .

The state of affairs in the Gaol at this time , mention of which The state of
has already been made in connexion with Mr. Tarrant's impri- the Gaol.
sonment, appeared to be even more detrimental to the interests
of justice than it was objectionable on grounds of humanity.


The sentences of imprisonment passed in the Courts of Hong- The sen-
tences of
kong had often been frightfully severe, and if, as appeared , imprison-
criminals had so often to be released before their termof impri- ment
in thepassed
sonment had expired, the sentences of the Courts must have ours.
become a mockery, and punishment become so indefinite as to
lose much of its terrors - so dependent on private judgment or
caprice as to lose much of its proper judicial character. As The disgust-
matter of record, it is not therefore out of place to quote here affair
state
s of
what was said of the disgusting state of affairs prevalent in the prevalent
in the Gaol.
Gaol, by the different officials having control of it so recently
as in 1855 , 1857 , and 1858. Mr. Hillier, the late Chief Ma- Mr. Hillier's
gistrate, on the 7th April, 1855, four years before Sir John the Gaol in
Bowring left, gave a short account of the condition and work- 1855.
644 HISTORY OF THE LAWS , ETC. , OF HONGKONG.


Chap. XXXI. ing of the Gaol . His allusion to the unnatural crimes ' pre-
1860. valent in the Gaol, the robbery committed by fellow- prisoners ,
Unnatural and the ' unrestrained association ' of the young in crime with
crimes.
Robberies scores of hardened criminals ' cannot fail to give one at this
by fellow- period a full insight into the then prevalent state of the Gaol
prisoners.
and the just complaints which were formulated in reference to
Young
criminals that institution. Mr. Hillier's report must have acted as an
associated
with incentive for the starting of a Reformatory, and no doubt the
hardened one subsequently started by the Roman Catholic Priesthood , *
criminals.
hereafter alluded to, however unsatisfactory in itself on various
The Re-
formatory grounds, must have proved a blessing compared with the dis-
started closures made by Mr. Hillier who wrote as follows :-
afterwards.
Mr. Hillier's
" At the present time there are no less than one hundred and three pri-
report on
the Gaol. soners confined in one room . Their crimes vary from the most trivial mis-
demeanours to offences of the most atrocious nature. During the day these
convicts work at associated labour on the roads or within the prison walls,
but before and after hours of work, and during the whole of Sunday, they
are locked up together in this one room, or are restricted to that and the ad-
joining yard without separation or supervision. At night the only check
upon them is an Indian sentry at the east side of the Gaol compound, who
if he chose may look through a grated aperture a few inches square and see
by means of a light hung in the centre of the apartment some portion of the
occupants, but many he cannot see at all ; it is easy for any prisoner
to escape observation by moving to such parts of the room as are not
visible from this aperture. I am told that it was the firm impression on
the mind of the late gaoler acquired from his daily opportunities of
forming a reliable opinion, that unnatural crime was frequent among
the inmates of this ward, and the Sheriff himself does not doubt that it is
difficult for a newly-convicted offender to escape being robbed by his fellow-
prisoners on the very first night of his transfer to this part of the prison.
But be this as it may, the magnitude of the evils that result morally to the
young in crime from unrestrained association with scores of hardened crimi-
nals, and the opportunity which such a state of things must present for the
concoction of schemes of villainy to be executed as soon as liberty shall have
been regained , are too obvious to require more than a passing notice."


Mr. I yall's
report in In May, 1857 , two years afterwards, Mr. Lyall, a visiting
1857 . Justice, wrote the following : -
66
The prison is so overcrowded, that it is impossible to conduct its routine
as it should be."


The repo:t
of Messrs. In January, 1858 , Messrs . Anstey and Rickett, upon a visit
Anstey and to the Gaol in their capacity of visiting Justices, said : -
Rickett in
1858.
" We repeat our former observations upon the imperfect means of classifica-
tion which the faulty construction of these buildings affords. If there should
be any funds available for the construction of new public works, we earnestly
draw the attention of Government to the above points."

* See Volume II., Chap. XL., XLIX.. and XCLII. See the regret expressed by Mr. Justice
Snowden at there being no Government Reformatory.- Chap. LXXV., infrà, and Chap.
LXXIX, as to Ordinance No. 19 of 1886.
 MORE DISCLOSURES AS TO THE GAOL . 645


And no doubt it was owing to the condition of the Gaol that Chap. XXXI.
Eli Boggs, the notorious American pirate, was released on the 1860.
12th April, 1860 He had been greatly borne down by illness Eli Boggs,
the American
from the time of his incarceration in July, 1857, * and it was not pirate,
expected he would have lived much longer if kept in prison . from
released
Gaol.
On his release he was sent to America, but not before the
master of one vessel at least had declined the pleasure of his com-
pany on board ship .


Cruelty in other forms was also frequent in the Gaol . Infor- Cruelty in
mation reaching the Governor's ears relative to the death and other
in the forms
Gaol.
burial of a Chinese prisoner named Lye Mooey Chie under sus- Suspicious
picious circumstances , Sir Hercules Robinson , on the 28th June, death
Moocyof Lye
Chie.
had the body exhumed . The convict was a Chinaman who had His body
been sentenced as a rogue and vagabond to a term of imprison- exhumed.
ment and a couple of floggings. He died of dysentery and was
buried in the usual manner. The deceased had several times Had com-
plained of
complained ofillness and inability to work. This was disbelieved , less and
and he was flogged in consequence, besides being put on short had been
flogged .
rations and placed in solitary confinement. The case was one of
extreme cruelty. The Coroner's jury accompanied their verdict No inter-
with the remark that there ought to be a proper person attached attached to
preten
to the Gaol as interpreter, thereby showing in what condition the the Gaol.
inmates of the Gaol were situated in regard to the officers of that
institution, who were ignorant of their language. The following The verdict.
was the verdict :-

The jury desire to express their indignation at the cruel usage the de-
ceased met with in being twice flogged, put on half rations, and placed in
solitary confinement while sick and under medical treatment. They also
think there is great carelessness in conveying to the Gaol Governor the
reports on the prisoners made by the Surgeon ; and that the punishment of
flogging within the Gaol appears to be much too common.
They also think there ought to be a proper person attached to the Gaol as
interpreter.
(Signed) R. SHERWOOD.
H. TURNER.
W. EMENY.


On the 3rd March Ordinance No. 1 of 1860 , empowering the Ordinance
Governor to grant pardons subject to the condition of offenders No. 1 of 1860,
leaving the Colony-a power heretofore exercised but doubted , ---
was passed. On the same day was passed another important Ordinance
Ordinance ( No. 2 of 1860) relating to Jurors and Witnesses. † No. 2 of 1860.


Mr. W. H. Mitchell, the Assistant Magistrate and acting Chief Departure Mr. Mitchelof
l,
Magistrate of Police, left for England on eighteen months' leave assistant
and acting
* See Chap. XVIII., antè p. 436.
Upon the subject of Chinese oaths, see antè Chap. XII. § II ., pp. 309-315, and Vol.
II., Chaps. L. and LXXXII,
646 HISTORY OF THE LAWS , ETC. , OF HONGKONG .

Chap. XXXI. of absence on the 15th March. It will be remembered that, on
1860. the resignation of Mr. Davies, he received the appointment of
Chief acting Chief Magistrate on the 1st June, 1859 , and he was now
Magistrate,
on leave. anxious to secure permanently the position he had been holding
temporarily, though he was eventually disappointed in this
expectation .†


Mr. Mit- Mr. Mitchell, it may be mentioned , whatever his qualifications
chell's career
reviewed . as a Magistrate, was an able man and had an extensive know-
ledge of Chinese affairs . The best review of commercial affairs
in China that had yet appeared proceeded from his pen and was
in the shape of a letter to Sir George Bonham . ‡
Mr. Alexan-
der. Re-
gistrar, In consequence of Mr. Mitchell's departure, Mr. Alexander,
appointed
acting Chief the Registrar of the Supreme Court, was appointed to act as
Magistrate. Chief Magistrate in conjunction with his own duties, and Mr.
Mr. May, May to perform the duties of Marshal of the Vice - Admiralty
Marshal
of the Court .
Vice-
Admiralty
Court.
By the same steamer that took away Mr. Mitchell, Mr. Parsons,
Departure
of Mr. Par- the solicitor, ofamalgamation ' fame,§ also left for England.
sons,
solicitor. He appointed Mr. E. H. Pollard as his law agent ' during his
Mr. Pollard absence. Mr. Parsons died in England many years after, at a
appointed ripe old age.
his law
agent.
Mr. Parson's
death. In consequence of the death of Mr. Newman, acting Harbour
Death of Mr. Master, Lieutenant Harris, of the Cambrian , assumed charge of
Newman, the department temporarily, but resigned office on the 16th
acting
Harbour March, on appointment as Commander of H.M.S. Hesper, when
Master and Lieutenant Thomsett, of H.M. brig Princess Charlotte, suc-
Marine
Magistrate. ceeded to the vacancy, and held the appointment until the return
Lieutenant to duty of Mr. Inglis on the 27th November, 1860 .
Harris
acting.
Lieutenant On the 17th March was read for the first time the draft of an
Thomsett,
of the Ordinance to amend the law relating to Cheques or Drafts on
Princess
Charlotte, Bankers and to amend the law offalse pretences. This Ordinance
acting. was subsequently passed on the 16th April and numbered 4 of
Return of 1860. Further changes took place in the Judicial Department
Mr. Inglis
to duty.
* See antè Chap. XXVIII., p. 600.
† See his retirement noticed in Vol. 11., Chap. XXXVII.
See Blue Book relating to China, 1854, p. 243.
Ante Chap. XXII.
|| Death. On the 22nd October, 1891 , at his residence, Rugby House, Worthing,
Ambrose Parsons, solicitor, formerly of London and Hongkong, last surviving son of
George Parsons, of Worthing, in his seventy-seventh year, after a few days' illness." Press
Notice.
See antè Chap. XXIX., p. 605.
 INTRODUCTION OF HOME RULES AND ORDERS . 647


on the 26th March owing to Mr. Masson, Deputy Registrar, Chap. XXXI.
going on eighteen months ' leave of absence. 1860.
Ordinance
Mr. Frederick Sowley Huffam, acting clerk to the Chief Jus- No. 4 of 1860.
tice, was appointed to replace Mr. Masson, being himself suc- Mr. Masson,
Deputy
ceeded by Mr. Thomas Turner until the return of Mr. Weather- Registrar,
head, who, it will be remembered , had gone Home at the same leave.
goes on
time as Sir John Bowring on the 5th May, 1859.* Mr. F. S.
Huffam ,
The Governor, on the 4th April , appointed Mr. Adams, the acting
Deputy
acting Chief Justice, to be a member of the Executive Council . Registrar.
He was already a member of the Legislative Council, and by a Mr. T. Tur-
strange coincidence on the 19th of the same month, doubtless ner,
Clerkacting
to
when the sanction had been received , The Government Gazette the Chief
published the approval of the Queen to his holding a seat in Justice.
Acting Chief
the latter Council . This was held to be an anomaly and no Justice
doubt it was wrong and quite contrary to the fundamental prin- Adams
appointed a
ciples of the Constitution to have one and the same high officer, member
who likewise wielded the supreme judicial authority, intimately of the
Executive
associated with the representative of the Crown, in both the Council.
Legislative and Executive Councils.

But the Governor, in the state of affairs then prevalent, was The Gov-
in need of a good adviser, and he certainly could not have had a ernor in need
of a good
more experienced and capable adviser than the acting Chief adviser.
Justice, but the question arose as to what security there was
that the future incumbents of those offices would be entitled to
equal confidence ? Human nature was not so perfect as to jus-
tify that he who wore the ermine should also legislate and
execute the laws at the same time.
Departure
On the 15th April, Major- General Sir C. Van Straubenzee, of Major-Van
" General
Commander of the Forces, left the Colony. Straubenzee.
Letters
On the 28th of the same month, the Letters Patent under Patent of
the great seal, dated the 30th January last ( 1860 ) , investing the January,
the 30th
Supreme Court of Hongkong with jurisdiction concurrent and 1860,
investing the
appellate , in civil suits originating in Japan , were duly published .
Supreme
Mr. Kingsmill as acting Attorney- General displayed great energy Court with
jurisdiction
in endeavouring to keep up with the times and improve the in civil suits
legislation of the Colony, and several important measures at this originating
in Japan.
stage owed their introduction to him. Mr. King.
smill as
On the 30th April the Legislature passed Ordinance No. 7 of acting
1860 extending to Hongkong " certain Rules and Orders of the Attorney.
General.
Superior Courts at Westminster. " These Rules and Orders Ordinance
were those in reality which were contained in the second sche- No. 7 of 1860.
dule of Ordinance No. 5 of 1858 , which formed the subject of No.
Ordinance
5 of 1858.
*
Ante Chap. XXVIII., p. 595,
648 HISTORY OF THE LAWS , ETC. , OF HONGKONG .


Chap. XXXI . so much discussion at the time, so that in reality the credit for
1860. their introduction belonged to Mr. Anstey when Attorney-
Credit for General, whatever else may have been said upon the subject at
the intro-
duction of the time . *
Rules and
Orders of
Superior Ordinance No. 8 of 1860 amending the law in relation to the
Courts at
Westminster grant and revocation of Probates of Wills and Letters of Admi-
belonged to nistration was also passed on the 30th April.
Mr. Anstey.
Ordinance
No. 8 of 1860. The question of interpretation , or rather want of interpretation,
Resignation was yet to suffer an enormous blow by the resignation early
Mr. Dick, in May of Mr. Thomas Dick, the Chinese Interpreter to
Chinese
of
Interpreter
to the the Supreme Court, in order to take up the appointment of
Supreme interpreter to the Commissariat Department of the Expedition-
Court.
ary Force, at a salary of £ 500 per annum. His knowledge of
the Canton and Mandarin dialects was both extensive and va-
Nothing
yet done luable, and rightly it was considered a disgrace to the Colony
of that , after nearly twenty years of repeated complaints, nothing
inaugurate
atosystem
educating had yet been done to inaugurate a local system of educating
interpreters. interpreters out of Colonial resources, --a system which would
Mr. Dick certainly have avoided the disgrace brought upon the Colony and
appointed
Deputy the service by the re-introduction of Mr. Caldwell, mainly owing
Commis- to his knowledge of Chinese if not of the Chinese as well . After
sioner of
Customs at serving with the Expeditionary Force , Mr. Dick received the
Canton. appointment of Deputy Commissioner of Customs at Canton.

Ordinance On the 10th July, Ordinance No. 11 of 1860 , constituting a
No. 11 of
1860. Marine Court of Inquiry in Hongkong, was passed .


Complaints Well-founded complaints aganist the Press being excluded from
against the
press being the Legislative Council by the Governor were again reiterated.
excluded Such exclusion was justly considered a retrogade step on the
from the
Legislative part of Sir Hercules Robinson which would be sure to recoil on
Council.
him sooner or later. Complaint was also made that nothing was
being done towards the promised inquiry into the grievances of
the Colony . Both the Governor and the new Attorney- General,
Mr. Adams, now acting Chief Justice, had evidently been taught
and believed that the Hongkong press was detrimental to the
well- being of the place and that it should be put down . The
Hongkong press, albeit open to some of the animadversions cast
upon it on the score of violence, had on the whole deserved well,
if not at the hands of officials , at least at those of the commu.
nity. But for it, colonial reformers at Home, -such was the
indifference of some of the leading men in the community- would
have heard nothing of the many and enormous abuses and

* See antè Chap. XXIV., p. 542.
 A PROTEST FROM THE FOREIGN AFFAIRS ASSOCIATION. 649


crimes which after having for so many years been openly per- Chap. XXXI.
petuated to the scandal of the name of the British Government 1860.
in China by persons holding magisterial and other offices under Nothing
being done
it, were still allowed by an alarmed administration to enjoy towards
the impunity on which they had so confidently relied . But for promised
the Hongkong press , there can be no doubt at all that the inquiry into
grievances.
Parliamentary Blue Book which was laid on the table of the The Gov.
House of Commons in April, 1859 , and March, 1860 , upon Mr. ernor and
Mr. Adams
Edwin James' motion for papers relating especially to the believed the
case of Mr. Caldwell, who had since become notorious through- detrimental
Press
out Asia, would never have been heard of or seen the light at to the well-
being of
all. It was therefore no matter of wonderment that agitation Hongkong.
continued at Home for a full and searching inquiry into the The scandal
disgraceful doings in Hongkong, in accordance with the pledges attached to
the British
given to Parliament by two successive administrations . Government
in China.
The London and China Telegraph of the 27th April, 1860, Mr. Caldwell
notorious
animadverted strongly upon the hollowness of these pledges throughout
and of the " unalterably-infamous administration of Sir John Asia.
Bowring " in no stinted terms, as follows : -- The London
and China
".......The hollowness of the now forfeited pledge of the Colonial Office that Telegraph
the appointment of a new Governor of Hongkong should be the occasion for and the
"unalterably.
a searching inquiry into abuses which had at length been spoken of in Par- infamous
liament, after having become a public scandal in the land. What, indeed , administra-
could any new Governor do with these words before his eyes ? It is now tion of Sir
palpable that the pretence of inquiry at Hongkong was resorted to in order John
to stop that demand for inquiry in England which was beginning to make Bowring."
itself heard, and which, we rejoice to hear, will make itself heard again in
connexion with the presentation of these papers to Parliament. One word to
those intending to act in this matter. The evil in Hongkong is but a ramifi-
cation of the evil, the root of which is in Downing Street. Mr. Caldwell
protects Ma Chow Wong, Dr. Bridges protects Mr. Caldwell, Sir John Bow-
ring_protects Dr. Bridges, Sir E. B. Lytton protects Sir John Bowring, and
the Government of which Sir E. B. Lytton was a member was afraid of
Lord Palmerston. We know, upon the very best authority, that a consider-
ation which weighed with the Government of Lord Derby in deciding upon
the course which they should take in reference to the unalterably-infamous
administration of Hongkong by Sir John Bowring, was a dread of being
charged with taking the pretext of the Caldwell case to punish him for the
bombardment of Canton ! Considerations such as these open a field for re-
flection too vast for us to enter upon at present. We have only to repeat,
let every effort be made to bring before Parliament and the Crown that con-
duct of Secretaries of State by which impunity is granted to the confederacy
of British magistrates with pirates , and punishment awarded to the denoun-
cers of these monstrous practices, on such charges as • fomenting discord in
a small community. We urge this for the sake of England, but we also
urge prompt action on account of pressing circumstances at Hongkong."


It was not therefore to be supposed that such abuses as had
been disclosed would be tolerated , and on the 10th May the
following letter was forwarded through its chairman by the
* Antè Chap. XXVI ., p . 588, and antè Chap. XXXI . , p. 638.
650 HISTORY OF THE LAWS , ETC. , OF HONGKONG .


Chap. -XXXI . Foreign Affairs Association to the Duke of Newcastle protesting
1860. against Mr. Anstey's treatment as compared with that dealt out
Letter from
to Dr. Bridges and Mr. Caldwell, who, they argued , ought both
the Foreign
Affairs to have stood their trial at the Bar of justice. The tribute paid
Association
to the Duke to the " extraordinary ability, undaunted courage, unswerving
of Newcastle . perseverance, and unimpeachable honour and honesty of Mr.
Protest Anstey, " it will be admitted, was no more than he richly de-
against
Anstey'sMr. served, for, in truth, he must have been a terror to evil -doers in
treatment as Hongkong
compared
with that 6
dealt out to The voluminous Papers relating to Hongkong ' recently presented to
Dr. Bridges Parliament have been read and considered by this Committee, and I am
and Mr. requested to communicate with your Grace thereupon. The Committee have
Caldwell.
had no communication whatever with Mr. Anstey, nor have they any per-
The tribute sonal knowledge of Sir J. Bowring, with whom, however, they have com-
paid to Mr.
Anstey. municated since his return to England , and whom they have convicted of
falsehood on another subject. They cannot, therefore, defile themselves with
any further notice of him than this. The Committee find it recorded in a
despatch from Mr. Under- Secretary Fortescue to Mr. Anstey, dated July
26th, 1859, and printed at p. 444 of the papers, that your Grace, after con-
sidering the case, concurred in the decision of Sir E. B. Lytton, dismissing
Mr. Anstey from office. The Committee are wholly unable to perceive the
justice of this decision. In their judgment it is a very grave and serious
injustice, and can only be attributed to your Grace not having read the
evidence contained in the papers. It is, of course, impossible within the
limits of an ordinary letter to give a full and clear statement of the whole
case. The Committee, therefore, confine themselves to three of its main
features. At pp. 12, 13 of the papers is the report of two Magistrates who
had made an investigation into the conduct of Dr. Bridges, acting Colonial
Secretary, member of the Legislative and of the Executive Councils of Hong-
kong. In that report, mild though it is compared with his offence, they find
him guilty of grave misconduct. * No one who reads the whole of the
evidence can doubt for a moment that he was guilty of an offence for which,
if justice had been done, he ought to have been indicted , along with the
Chinaman who had bribed him, for conspiracy. Instead of that he continued
to fulfil his public offices, and to perpetrate other crimes. At pp . 36, 37 ,
and 38 of the papers appears the report of a Commission appointed to inves-
tigate the conduct of Mr. Caldwell, J.P., Registrar-General, Protector of the Chi-
nese, and Licenser of Brothels. That report, although far short of meeting the
justice of the case, as developed throughout the whole of the evidence, does
find Mr. Caldwell guilty of very grave misconduct, and he, too, ought to have
taken his place as a criminal at the Bar of justice. Instead of that he still
continues to exercise his offices as an important servant of the Crown. At
p. 362 of the papers, is the verdict of the special jury in the case of the Queen
v . Tarrant. In the opening of that case the counsel for the Crown said
that Sir J. Bowring and Dr. Bridges felt they were on their trial. The ver-
dict of the jury found them, in effect, guilty of a corrupt and damnable trick
to defeat the ends of justice- this, too, without hearing a word of the defence.‡
A perusal of the evidence shows that no other verdict was possible. These
three remarkable and sigual triumphs of justice were owing to the extra-
ordinary ability, undoubted courage, unswerving perseverance, and unimpeach-
able honour and honesty of Mr. Anstey. Yet he is dismissed, and the eri-
minals enjoy public favours."

See the Report referred to, antè Chap. XXI., p. 473.
See the Report, antè Chap. XXIII., p. 506.
See antè Chap. XXV. § 1., p. 561.
 MR . CALDWELL AS PROSECUTOR IN A LIBEL CASE . 651


As regards Dr. Bridges the following attack alone which Chap. XXXI .
Mr. Anstey openly made against him to his face in the Council 1860.
Chamber, when the Caldwell Commission was sitting, which The attack
- made by Mr.
was never resented or repudiated, will bear repetition Anstey
against
" No man has ever charged me with having reserved for a more convenient Dr. Bridges
season my defence against imputations, whensoever, wheresoever, and by in the
Caldwell
whomsoever cast, upon my fair fame and credit. Nobody has charged Inquiry
me with having patronized and protected against the sharp edge of the never
law the iniquities of subordinates, whom it was convenient to count amongst resented or
my satellites. Nobody has charged me with having, either in person repudiated .
or by deputy, dissuaded or made the endeavour to dissuade nervous ,
doubting, unwilling witnesses from appearing before a Court like this ;
a court of honour, if the reputation of the person accused be concerned ;
a court of great political import, if the good of the community , the credit
of the Government, and the responsibility to opinion and to law, of every
servant of the State, from His Excellency down to Mr. Grand-Pré, be
matter of public concern. Nobody has charged me with encouraging the
accused by precept or by example to raise technical, quibbling, pettifogging
objections, to the reception of evidence before such a Court, anl so to base
his hopes of immunity not upon the moral conviction of his innocence, but
upon the difficulty of wresting from the grasp of an unwilling Government
the legal proofs of his guilt. And finally, nobody has accused me, much less
convicted me, of seeking my own escape from public odium and contempt, in
the destruction of public records of which I was the custos , and which con-
tained the damning evidence of my own complicity, or that of my subordi-
nates, with thieves, resetters, murderers, and pirates."


The renewed agitation therefore on the part of the Foreign The renewed
agitation
Affairs Association proved of some utility ; it was the cause of the cause of
immediate instructions being issued to the Governor to insti- instructions
immediate
tute an inquiry into the abuses complained of, as hereinafter being issued
referred to . to institute
an inquiry.

In this connexion and in reference to Mr. Caldwell especially, well
Mr. 's
Cald-
name
whose name was doomed to come up ever and anon in connexion doomed to
with irregularities of one sort or another, doubtless through his
come up
ever and
having so many irons in the fire, ' it may here be mentioned
anon.
that at the Criminal Sessions held on the 21st February, 1860 ,
Conviction
of Sung
a Chinaman named Sung A Hing was sentenced to four years' A Hing
imprisonment for coolie-kidnapping . This case had formed the for coolie-
topic of much public discussion in which Mr. Caldwell's name kidnapping.
Mr. Cald-
got unfavourably mixed up and was , of course, strongly com- well's name
mented upon, severe strictures being passed upon him, and he unfavourably
being deliberately charged by a local paper with extortion and mixed up.
perjury. Upon this Mr. Caldwell brought an action for libel He is charged
against the editor of the paper in question, The Daily Press, pap
by er
a local
with
which was heard on the 18th July, when, finding himself un- extortion
able to substantiate the charge, the defendant withdrew his and brings
plea of justification, denying that he meant to imply what he an action for
libel against
the editor.
* See Daily Press, 8th March, 1860.
652 HISTORY OF THE LAWS , ETC. , OF HONGKONG .


Chap. XXXI . had written . The case is all important as showing that the
1860. acting Chief Justice in his remarks, while disposing of the mat-
fication with- ter, knew that an inquiry was pending into the conduct of Mr.
Plea of justi-
drawn by the Caldwell and others and that once for all the scandal attached
editor. to Hongkong would be thoroughly scrutinized . Mr. Adams
Acting
Justice Chief
im- accordingly in passing remarks upon the defendant's retracta-
plies that an tion said, that " whenever an inquiry would be instituted into
inquiry is Hongkong grievances, it would be before c tribunal where neither
Pending into
conduct
theMr. quirks nor quibbles would be permitted, but where the most search-
of Cald-
well and ing investigation would take place," therefore foreshadowing the
others. inquiry ordered by the Duke of Newcastle forced on practically
'A tribunal
where neither by the " Foreign Affairs Association " as may be judged by the
quirks nor following Government Notification which appeared just a week
quibbles
would be after the disposal of the case above mentioned : -
permitted . '
GOVERNMENT NOTIFICATION.
The Govern-
ment Noti-
fication In compliance with instructions received from His Grace the Duke of
announcing Newcastle, Her Majesty's Secretary of State for the Colonial Department,
inquiry into directing that " an inquiry should be instituted into the abuses which have
alleged abuses been alleged to exist in the Civil Service of Hongkong generally, and, espe-
before the
Governor-in- cially, into the alleged tampering of some of the subordinate departments in
Executive that service with the malversation, corruption, and piratical practices, of part
Council. of the Chinese community in or frequenting the Colony," His Excellency the
Governor has determined that such inquiry shall take place before the Gov-
ernor in Executive Council who will sit for that purpose in the Council
Chamber on the 13th day of August next, at noon, and on such subsequent
days as may then be determined on.

All persons capable of giving information in furtherance of the proposed
investigation are desired to attend the sittings of the Council, which will be
held with open doors.
By His Excellency's Command,
L. D'ALMADA E CASTRO,
Clerk of Councils.
Victoria, Hongkong, 28th July, 1860.
The begin-
ning of a new This was to be the beginning of a new era in Hongkong, and
era. that the inquiry was to be held with open doors was a depar-
The notifica- ture from the system hitherto adopted by Sir Hercules Robinson.
tion also
published in The notification , it may be added , was also published in Chinese.
Chinese.
Thirty- three Previous to this , on the 7th July, 1860 , the Government
more names
added to the added thirty-three more names to the Commission of the Peace,
Commission comprising officials and other members of the community.
of the Peace,
Departure, On the 9th July Mr. Joseph Jardine , member of the Legislative
resignation,
and death Council , proceeded to Europe on twelve months' leave of absence
of Mr. J.
through ill- health. He afterwards resigned his seat and died
Jardine,
M.L.C. in Scotland on the 11th January, 1861. On his resignation on
the 10th December, 1860 , Mr. Alexander Percival was nomi-
nated in his stead, and on the same date Mr. Angus Fletcher
 THE PRESS LAW DEBATED IN COUNCIL. 653


was also appointed a member of the Legislative Council in the Chap. -XXXI .
room of Mr. George Lyall, who had resigned his seat on leaving 1860.
the Colony. These nominations were subsequently approved of Mr.A.
Percival
and published in the Colony on the 24th June, 1861 . nominated,
rice Mr.
Jardine.
Heretofore the Governor had had no power to remit penalties Mr. A. Flet-
other than those due to the Crown, in consequence of which cher,Mr.
vice M.L.C.
G. ,
several cases of extreme hardship are recorded , notably that of Lyall, re-
Mr. Tarrant, the editor of The Friend of China, who was im- signed.
Governor
prisoned for Dr. Bridges ' bill of costs in the criminal suit against heretofore
him for libel until it was paid, * and it was no doubt in conse- no power
to remit
quence of that infamous matter that Ordinance No. 14 of 1860 penalties
was passed on the 17th August, empowering the remission of other than
those due to
such penalties . the Crown.
Dr. Bridges'
As to the press , steps were without further delay taken to bill ofcosts
against
'purify the atmosphere ' of the Colony, both the Governor and Mr. Tarrant.
Mr. Adams, who had then been confirmed as Chief Justice , being No. Ordinance
14 of
prominent speakers on the occasion of the passing of the enact- 180 .
ment relating thereto, at a meeting of the Legislative Council, The press
held on the 17th November, 1860 , showing the interest they in the
Legislative
mutually took in the matter and that both were acting under Council.
instructions . Their speeches , especially that of the Chief Justice, Speeches
of the
will be read with the greatest interest. Accordingly , at the Governor
meeting of Council before mentioned --the Governor, the Chief and Mr.
Adams.
Justice, the Surveyor- General, and Messrs. Lyall and Dent being Mr. Adams
-
present, the Governor, Sir Hercules Robinson, in laying upon confirmed as Chief
the table the draft of an Ordinance " to amend the law relative Justice.
The Governor
to Newspapers in Hongkong, " spoke as follows : - and Chief
Justice acting
His Excellency said that the idea of this enactment had struck him some under
months since, and that he had conferred with the Chief Justice upon the instructions.
subject, who fully concurred . A despatch had consequently been framed to The Gov-
the Secretary of State, who likewise concurred in the expediency of the mea- ernor's
sure. The only law applicable to the press of the Colony at present was speech.
Ordinance No. 2 of 1844. This was one of the first enactments passed after The law of
the cession of the Colony, and clearly indicated hasty legislation. By that wasEngland
the law
Ordinance, the press was released from all restraint whatever. The proprie- of the Colony
tor of a newspaper has now simply to go before a Magistrate and declare his from the
place of abode. The object of the present Ordinance was in no way to in- time of its
terfere with the free action of a legitimate press ; on the contrary, its aim cession,”
was to assimilate the press of the Colony with the most respectable press in
the world, namely, the press of England. There, where the press was
notoriously free, restraints were placed upon it to avoid licentiousness and
other evils, of a far more stringent nature than the Ordinance now laid upon
the table provided. The law in England compelled the proprietor of a news-
paper to enter into a personal bond of £400, with two sureties for a like sum,
and it extended even to pamphlets . In the Ordinance now submitted , this
amount of security had been reduced to £250. This had been done lest it
should be thought the administration of the Colony sanctioned excessive bills

* Antè Chap. XXIX. , pp. 622-624.
654 HISTORY OF THE LAWS , ETC. , OF HONGKONG .

Chap. XXXI . of costs. The Council would observe that as the law of England was the
1860 . law of the Colony from the time of its cession , the Act which prevailed in
England regarding the press would also prevail here, had not the Ordinance
No. 2 of 1844 been enacted . There surely was no reason why the press of
this Colony should be exempted from the law made and provided to restrain
the press of England ! Yet to show that he, the Governor, had no desire to
oppress or annoy the press of Hongkong, the sureties existing in England
had been materially reduced . The idea in framing the Ordinance now sub-
mitted was, that the sureties would check an editor in any violent course he
might, when unrestrained, feel justified in resorting to, and, to use the Duke
of Newcastle's own words, to put a stop to " the reckless libels which have
#
poisoned the very atmosphere of the Colony."
His Excellency whilst upon this topic would extend his remarks to another
branch of the same subject. The Government of this Colony had repeatedly
been placed in a false position by the practice adopted in actions for libel.
A party libelled had hitherto applied to the Magistrate for a summons —a
committal to the Supreme Court as if for misdemeanour was the necessary re-
sult, when the matter would fall into the hands of the Attorney-General.
Not only in the Colony, but abroad, this had placed the Government in an
entirely false position, and it had actually occurred more than once that
odium had been cast upon the administration for thus apparently promoting
actions which they really disapproved of. In future this practice should be
discontinued, and the Attorney-General would not again prosecute in a libel
case ex officio, unless he appeared on behalf of the Government. A party
libelled must sue for damages, and the Ordinance now before the Council
would secure to such persons the payment of costs at all events.

The Chief The Governor having concluded his speech, the Chief Justice
Justice's
speech. said he wished to make a few remarks, which he proceeded
to do as follows : -

He entirely concurred in all that His Excellency had said, and should give
the Ordinance his cordial support. Connected as he had been with the press
in early life, he would be the last person to sanction any measure which
might tend to harass or restrict the full and ample development of a free
press. No one could place a higher value upon that institution than he did,
nor give a wider latitude, within the bounds of propriety, for the action of
the press in descanting upon the public acts of public men. He thought the
present time a very happy one to introduce the measure-as far as he knew,
all was peace at present with respect to libels, and therefore no improper motive
could possibly be imputed to Government in pressing the enactment. He
had been deeply grieved to find that the Government of this Colony had been
so prominently placed in the false position alluded to by His Excellency-
and he, the Chief Justice, must admit that it was a most natural conclusion
for the public to arrive at, when they saw the Attorney-General prosecuting,
to suppose that the Government promoted the suit. He, the Chief Justice,
would further state that, in so far as his feelings were concerned , it was a
most disagreeable duty to pass sentence on an editor of a paper for libel.
The jury were, in his opinion, far better judges of the damages to be accorded,
and it was most desirable that the sentence should be left to them. He
felt confident that the Ordinance now submitted would work for good-
doubtless there had been a manifest improvement in the objectionable tone of
the local press , and he hoped and thought that whenever any one of the
editors allowed his feelings to run away with him, as had hitherto repeatedly
been the case, the sureties provided by the Ordinance now submitted would
restrain such editor.
* Antè Chap. XXIX. , p. 622,
 CHIEF JUSTICE HULME PENSIONED. 655

Besides, the Ordinance acted in two ways- it protected the press against Chap. XXXI .
low adventurers, and it protected the public as well. In country towns in -
1860.
England, when party spirit ran high, malevolent men, excited by envy or
disappointment, used to be in the habit of starting ephemeral and scandalous
publications, simply as vehicles of maliguity for their own passions. Price
was no object ; they were sold in market-places for a song, and became such
a pest to society, that the enactment now in force in England had to be