Canada,
48 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. II . Brevet- Major Wm. Caine, heretofore known as Chief Ma-
1844. gistrate, had been appointed as " Police Magistrate, Sheriff, and
Major Caine. Provost- Marshal," and Lieutenant Wm . Pedder, R.N. , heretofore
Lieut. Pedder,
R.N. Harbour- Master and Marine Magistrate, as " Harbour - Master. "
Previous Mr. Davis, the Governor, had previously held the office of Su-
career of Mr.
Davis. perintendent of Trade in China-some ten years before - twenty
years previous to which he had accompanied Lord Amherst on
his embassy to Pekin . During the interval between his present
appointment and his departure from China he had held several
important appointments under the East India Company. Mr.
Davis was also known as the accomplished author of perhaps
the only really good work that had been written on China, and
from his intimate knowledge of the character ofthe Chinese, their
language, manners , and customs , as well as from his experience
of commercial affairs, particularly those of the East, he
was considered eminently qualified for the office to which he
had been appointed , and the selection was accordingly popular.
Previous With regard to the Chief Justice, Mr. Hulme, his appointment
career of
Chief Justice to preside over the judiciary of Hongkong resulted from his
Hulme.
well-earned reputation of being a sound lawyer. * Rumour had
Local
opinion of it that now that the Chief Justice and the Registrar had arrived ,
existing upon the arrival of the Attorney- General, not long due, the
Courts.
Supreme Court would open and with it end "the old-fashioned
military Court, which had given so much dissatisfaction . The
jurisdiction of this Court, which so strongly called to remem-
brance the feudal days of old , would in future be confined to
police cases and, as a police establishment, would prove a most
efficient one. " These were rather ungenerous remarks , it must be
admitted , to pass on the energetic man , who had so long presided
over this Court, and the Government of the day that had deserved
so much credit and done the best it could, with the excep-
tionally limited resources of every kind at its disposal .
Commissions
of Governor The four Commissions of Mr. Davis , the first giving him full
Davis. powers under the Great Seal, and as Her Majesty's Plenipo-
tentiary , Chief Superintendent of the Trade of British Subjects
in China, and Governor and Commander - in- Chief of Hongkong
and its dependencies , the latter being by writ of Privy Seal,
were duly published shortly after his arrival on the 10th May,
1844. These were all dated the 9th January, 1844, the date of
his appointment .
Establish-
ment of a The number of daring robberies and other serious crimes
magistracy committed at Chuck - chu ( called Stanley in March, 1845 ) , and
* Mr. John Walter Hulme, of the Middle Temple, was an associate of the celebrated
Joseph Chitty (whose daughter he married) ; was the joint author with Mr. Chitty
ofan important work entitled " A Practical Treatise on Bills ofExchange " which ran into
several editions, the last edition appearingin 1840 ; and was also joint author with Mr. Chitty
of Collection of Statutes of Practical Utility," with notes thereon, intended as
a Circuit and Court Companion- see “ Jurist ” (1837) pp. 808, 872.
DEPARTURE OF SIR H. POTTINGER . 49
its vicinity, the resort of the criminal classes, induced the Govern- Chap. II.
ment to establish a magistracy there in May, 1844, Mr. Hillier, 1844.
the Assistant Magistrate, who in February last had been gazetted chu,
at Chuck-
with
as Recording Officer to the Criminal and Admiralty Court, Mr. Hillier
as Assistant
receiving the appointment. From his past experience he was Magistrate.
considered as well qualified for the position as any one procur
able in the Colony, and his past services had entitled him to the
consideration of the Government. The comparative degree of
safety enjoyed at this time in the island was said , in a great
measure, to be due to the able assistance he had rendered the
Chief Magistrate, with whom , it will be remembered , the military
so energetically co-operated in putting down crime.
In June, 1844 , the records show the appointment of the Chief Chief Justice
Hulme
Justice, Mr. J. W. Hulme, as a member of the Legislative appointed a
Council. member of
the Legisla-
tive Council.
Sir Henry Pottinger, the late Governor, embarked on board Departure
H.M.S. Driver, at midnight, on Tuesday, the 18th June, 1844, of Sir H. Pot-
tinger.
for India, en route to England. During the interval between
the arrival of his successor, Mr. Davis, on the 7th May, until
his departure, Sir Henry Pottinger had been constantly engaged
with the new Governor in settling important matters connected
with the Government. Amongst those who accompanied him
was the barrister, Mr. Burgass, formerly Clerk of the Legisla- Mr. Burgass
tive Council and Legal Adviser to the Government. Owing to Sir H. Pot-
some misunderstanding between Sir Henry Pottinger and tinger.
Rear-Admiral Sir Thomas Cochrane, who had succeeded Rear- departure
Delay in of
Admiral Sir Wm. Parker, as Commander of the Naval Forces, Sir H. Pot-
tinger, owing
in China, the Driver did not sail till late on Thursday evening. to misunder-
It would appear that the Admiral had granted a passage in the standing
with Admiral
gun-room to a Spanish officer from Manila, who was the bearer Cochrane.
of despatches to the Court of Madrid . Sir Henry Pottinger
was not aware of the circumstance until after his embarkation ,
when he insisted upon the Admiral turning the Spanish gentle-
man out of the ship , to which the Admiral would not consent.
After two days unsatisfactory negotiations, and the exchange of
numerous letters, the facts coming to the knowledge of the
foreign officer, he very properly withdrew from the vessel, and she
then immediately, on the 20th, proceeded to Macao, en route
to India. The gallant Admiral, Sir Wm. Parker, Bart. , G.C.B. , Arrival
the late Commander of the Naval Forces, had at this time reached Admiral
Home of
Home where a grand entertainment was given him by the Royal Parker,
Naval Club. Not long after he was awarded a pension for
meritorious services and received the appointment of Naval
Commander in the Mediterranean vice Sir E. Owen , and hoisted
his flag on board the Monarch, 84,
50 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. II.
In regard to Sir Henry Pottinger's career in China , it is
1844. impossible not to do justice to the great ability exhibited by
Sir H. Pot-
tinger's him at a most difficult and important crisis, and to the great
career in moderation he displayed in the hour of victory. His extraor-
China.
dinary zeal and industry in the establishment of the Colony,
and the settlement of our commercial relations with the Chinese,
His difficul. will ever redound to his credit. With regard to Hongkong
ties in first
settling itself, he had to contend with endless difficulties. He had
Hongkong. not only to establish the Colony without being supplied with the
usual model guide in the shape of printed instructions from the
Colonial Office containing orders clearly defined as to almost
every particular matter which would be required of him, but he
was at a disadvantage in many other respects, and his establish-
ment was formed of such rough material as first came to
hand. It was morally impossible, with such assistance, that
he could carry on the Government satisfactorily ; the defective
judicatory and totally inefficient police were the cause of un-
ceasing complaints, and added to these was the want of a
properly -constituted Legislative Council with whom he could
consult. Nominally he had the latter, but the best element was
wanting, namely, members of the community, outside his own
officials, whose advice he might have sought in important and
His
legislation. pressing local matters . He was accused of passing hasty,
unconsidered measures, some of which had been disallowed or
had never come into operation. From the time the Council
opened on the 11th January, 1844, till the cessation of his
governorship in May of the same year, he had passed no
less than twelve Ordinances, all of which , however, be it said,
with an important local bearing. An Indian paper, remarking
upon that fact, said that the gallant plenipotentiary was a legis-
lative incarnation of the " go ahead " principle of our trans-
atlantic brethren ; he coined laws almost as readily as the
mints did rupees ...... Her Majesty's Governor of Hongkong
should be known hereafter as " Sir Henry Notification ." But
surely all this merely showed the public spirit with which he was
imbued and the interest he took in the Colony and its people ,
all of which evidently he had at heart. After a short stay in
India , which he had reached on the 31st July , 1844, and where
he was publicly entertained , the Bombay Chamber of Commerce
presenting him with an address on the 21st August, 1844, Sir
Henry Pottinger left Bombay for England , viâ Egypt, in the
afternoon of the 27th August, 1844, embarking under the
His arrival salutes to which his high rank entitled him. His merits, on
in England. arrival in England , were not overlooked . It is not often that
persons in a civilian capacity are able to achieve any of those
great enterprises which command the gratitude and admiration
of mankind, and it must have been especially gratifying to him
MANIFESTATIONS IN FAVOUR OF SIR H. POTTINGER. 51
personally to find how much the ability he had displayed in his Chap. II.
negotiations with China, was appreciated by his countrymen . 1814.
He was made a member of the Privy Council, awarded a pension of bestowe
Honours
d on
£ 1,500 a year, and elected a member of some of the city corpora- him.
tions. On the 11th December, 1844, Sir Henry Pottinger was
entertained at Merchant Taylors ' Hall by the merchants of
London, Mr. J. A. Smith, M.P., officiating as chairman . Im-
mediately on the latter's right hand sat the guest, Sir Henry
Pottinger, the Marquis of Normanby, and Lord Palmerston, and
on the left the Earl of Aberdeen and Sir James Graham. Before
the dinner, Sir G. Larpent, on behalf of the merchants of
London trading to the East Indies and China, presented an
address to Sir Henry, eulogizing his skill and ability in the
conduct of the negotiations. On the 17th December, Sir Henry
Pottinger was similarly entertained at Liverpool by the leading
merchants there, amongst those present being the Mayor, Lord
Sandon , Mr. Wilson Patten, M.P. , Lord Stanley, the High - Sheriff
Mr. W. Entwistle, M P. , and others , Sir Henry being presented
before dinner with an address from the East India and China As-
sociation of Liverpool . On the 20th December , he was again
entertained at a sumptuous festival, at Manchester, presentations
of plate being made to him by Manchester merchants and other
bodies . * He was also presented with the freedom of the cities
of Edinburgh and Glasgow, the latter city giving him a din-
ner also, and he was requested to stand as a candidate for the
representation of the town of Greenock in Parliament, an honour
which he declined . His return to his native city, Belfast, was His return to
celebrated by a public entertainment by the gentry of the Ireland.
neighbouring counties, the mayor and corporation and the
leading members of the community being present. Upon this,
as upon all similar occasions, the public services of the distin-
guished guest were the theme of unmixed praise, so that in
fact the proceedings were little more than a repetition of what
had already taken place at the receptions given him in London,
Liverpool, and elsewhere. All parties were agreed as to the
national importance of what Sir Henry Pottinger had achieved Character of
by determining our relations with China , and opening to our England
raised by Sir
trade the markets and resources of another empire. He had H. Pottinger.
At a meeting of the Common Council of the City of London, held on the 12th
February, 1845 , it was proposed by Mr. R. L. Jones, and seconded by Mr. J. Dixon, and
carried unanimously, that the freedom of the city, in a box of the value of 100 guineas be
presented to Major-General Sir H. Pottinger, Bart.. G.C.B., “ in testimony of the estima-
tion entertained by this Court, in common with their fellow-citizens, in regard to his
important services in negotiating a treaty of peace and commerce with the Chinese empire."
Sir H. Pottinger intimated to the Committee at Liverpool that he had already two com
plete services of plate, in addition to that to be presented to him by the merchants of
Bombay ; and that it would be most gratifying to his feelings if the amount subscribed in
Manchester, together with that subscribed for a testimonial in Liverpool, should be ex-
pended in the purchase of a residence in London. This was at once acquiesced in by the
Committee, with the understanding that a sum should be applied for the purchase of a
single piece of plate, on which should be engraved a suitable commemorative inscription.
52 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap.
- II. raised the character of England by the liberal views which had
1844. prompted him, upon his own responsibility, to conclude a com-
mercial treaty admitting other civilized nations to an equal
footing in trading with that vast and wonderful empire, and
England's had showed that England had no ulterior views of her own, no
policy in
China. sordid schemes of violent usurpation , no mean desire of expel-
Universal
ling other nations from the equal benefits of universal com-
commerce.
merce throughout the world, as indeed has ever been her policy.
Magnani- She did not fight for herself alone, but with a magnanimity
mity of
England un- almost , if not quite, unparalleled in the annals of nations, she
paralleled consecrated the first fruits of her conquest as an offering to
the annals in
of
nations. the whole civilized world of the advantage which she alone
had won .
The following is a condensed record of the life and services of Sir Henry Pottinger
as derived from the papers of the time :-
“ Sir Henry Pottinger was the fifth son of Eldred Curwen Pottinger, Esquire, of
Mount Pottinger, in the county of Down. He was born in 1791 , and left for India, when
he was thirteen years of age, in 1804. His services in different parts of the East have
spread over forty years. In his thirtieth year he married a daughter of Richard Cooke,
Esquire, of an Irish family located at Cookesborough. in the county of Westmeath.
Having been appointed an Ensign in the 7th Regiment Bombay N.I. in 1806, he imme-
diately devoted his attention to the study of the native languages, and was appointed
Assistant to the Superintendent, on the departure of the officer who filled that office to
Europe, holding the same till the abolition of the Cadet Establishment. In 1809, Lient.
Pottinger was employed as an assistant with a mission from the Supreme Government to
the Rulers in Scinde, and, on his return from that country, was selected, with Captain
Christie of the Bombay Army, by the late Sir John Malcolm (then Colonel Malcolm) to
explore the totally unknown country lying between India and Persia. The travellers
landed at Sonmecanee on the 16th January, 1810, and proceeded by Beila and Khosdar to
Khelat, and thence to Noshky where they separated about the 20th of March ........
Lieut. Pottinger proceeded by Sarawan, the provinces of Kohistan, Nurmansheer, and
Kirman to Shiraz, which he reached on the 5th June, having performed a journey of nearly
1,600 miles since leaving Sonmecanee of which nearly 1,400 miles were in as direct a line
as the paths would admit from east to west, and been for two months and a half without
any European companion whatever............Lieut . Pottinger's mission was to pave the
way for meeting Napoleon, should his gigantic schemes ever lead the French power in that
direction. Amidst quick-witted and observant people, he passed from the north-west of
India to the ancient capital of Persia in the garb and by the calling of a Mahomedan
horse-dealer- at every hour his life in peril...............From Lieut . Pottinger's return from
Persia to Bombay, where he landed in the early part of 1811 , till the year 1814, he was
employed in the duties of military life, but in the latter year he was appointed by the
Earl of Moira (afterwards Marquis of Hastings) then Governor-General of India, second
assistant to the Resident at Poona (the Honourable Mountstuart Elphinstone), an office
which he continued to fill until the termination of the Mahratta War of 1817-18, when
he was appointed Collector of Ahmednuggur, and there remained for about seven years. In
1825, a vacancy occurred in the appointment of Resident in Kutch, and Sir Henry, then
Major, Pottinger, being desirous of returning to the political line of the service, was no
minated to it by Mr. Elphinstone, who had succeeded some days before to the Government
of the Presidency. To his duties as Resident were added those of the then Regency. Whilst
in the exercise of that office, Major Pottinger reclaimed the Principality from the state of
anarchy and confusion in which he found it, and placed it in one of unexampled tranquil-
lity and prosperity. From 1825 to 1840, in addition to his duties as Resident in Kutch,
Major, afterwards Colonel, Pottinger was the medium of constant communication between
the Supreme and Bombay Governments and the Ameers of Scinde............... On the close
of the operations in Afghanistan and the return of the Bombay troops to India, Sir Henry
Pottinger, who had been raised to the dignity of a Baronet in 1839 for his services during
the advance of the army through Scinde and his general management of our interests in
that country, returned to Bombay and eventually to Europe, with impaired health, the
consequence of seven and thirty years' uninterrupted residence and exertion in India. He
had scarcely arrived in England when, in May, 1841 , he was sent for by the President of
the Board of Control, Sir John Hobhouse, and nominated to undertake the difficult duties
pertaining to the desired settlement of our existing differences with the Chinese Govern-
In August, 1841 , he arrived in the Canton waters, and commenced his proceedings,
DESECRATION OF THE DAY OF REST. 53
The desecration of the day of rest being practically the Chap. IL
order of the day in Hongkong at this period, even in the Gov- 1844.
Desecration
dayof rest
ernment Departments, notwithstanding the laws in force upon of
the subject, the Governor-in-Council directed that the following in Hongkong.
Order of
order should be published for general information, His Excellency Governor-in-
adding that he expected that the course therein indicated by the Council as to
Government would in future be followed, and the Sunday Sunday servance.ob-
observed with due respect by the Christian population through-
out the Colony : -
Government House,
Hongkong, 28th June, 1844.
Sir,
I am directed by His Excellency the Governor-in-Council to inform you,
that, with a view to a better observance of Sunday throughout the Colony,
be directs that Government works be not proceeded with on that day, and
that all Europeans in the service of your department be thereby afforded an
opportunity of attending Divine Service .
In all contracts made in future, you will take care that Sunday is omitted
in calculating the time necessary for the completion of the work contracted
for.
I have, etc., etc.,
FREDERICK W. A. BRUCE,
Colonial Secretary.
CHARLES ST. G. CLEVERLY, Esq.
Acting Surveyor- General.
That this order was followed more in the breach than in its
observance may be gathered from a further proclamation to the
same effect issued in February, 1845 .
In consequence of a suggestion from the Police Magis- Governor's
trate, whose experience upon the subject was worthy of circular European to
consideration, the Governor addressed a circular to the principal firms regard.
European firms in the Colony, requesting their advice and ingnightPolice.
co-operation in establishing a night Police. This again, as
before, showed the good-will and anxiety of the Government in
doing its very utmost to stamp out crime from the island. As Lighting of
will be seen, the question of the lighting of the town , which the
Thetown.
residents
consulted.
the military portion of which concluded on the 17th August, 1843, on which day he
desired Sir Hugh Gough and Sir William Parker to suspend hostilities. On the 29th
August, the treaty was signed, and shortly after the supplementary treaty. In August,
1842, he received the Grand Cross of the Bath ; and in April, 1843, was appointed Governor
and Commander-in-Chief of the Colony of Hongkong. Sir Robert Peel, when announcing
that the new Government had thus retained the nominee of the old, added a personal
compliment, couched in the highest terms of eulogium ; and at another time he expressed
his regret that custom alone prevented Sir Henry from receiving for his civil services
the thanks of Parliament, which others had received for perhaps less important military
services ...... In September, 1846, Sir Henry Pottinger was appointed Governor of
the Cape of Good Hope, and in 1847 to the Governorship of Madras until 1854 when
he returned to England. He died at Malta on the 18th March, 1856, in the 65th year of
his age.
54 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap.
- II. still remained unlit at night, and the possibility of doing away
1844. with private watchmen in whom the authorities had all along
the reverse of confidence, were touched upon. The unsuitability
of the British for street police , owing to exposure, is deserving
of attention even at this date. The following is a copy of the
Circular in question : -
Government House,
Victoria, Hongkong, 3rd July, 1844.
Gentlemen,
The Police Magistrate has proposed that a street Police should be formed
for the purpose of keeping watch at night, to be supported at intervals by
stations, from which assistance could be had in the event of robbers descend-
ing in too great force, for the constables on the look-out to cope with . It
seems to His Excellency that if this is properly organized, and the lighting
of the town properly enforced, it would do away, to a great extent, with the
necessity of employing private watchmen -a system entailing considerable
expense-insufficient for the protection of those who adopt it, as has been
proved on numerous occasions, and very defective as a means of even giving
alarm , from the want of any organization or mutual co-operation among the
watchmen themselves.
As the time is approaching when the expense of these local charges must
be provided for on the spot, His Excellency , before coming to any final
decision on the subject, is anxious to have the benefit of any suggestion
which your experience may enable you to offer on the most effectual and
economical means of rendering secure the persons and property of residents
in this town, either by carrying out the system as above proposed , or by
such other means as you may think best, and he directs me particularly to
draw your attention to these points :
How far ought such a Police to extend ?
What points would be best adapted for the supporting stations ?
What class of men would do for the street Police, as the exposure is
found to be very fatal to the British ? and by what means,
assessment or otherwise, you would propose to meet the expenses
of the force.
I have etc., etc.,
(Signed) FREDERICK W. A. BRUCE,
Colonial Secretary.
The Government, in taking the opinion of the inhabitants
upon such an important matter no doubt acted both wisely and
liberally- wisely, because as a subject that so closely affected
their welfare, he would be enabled to act with greater con-
fidence and energy, fortified with the advice of the most
influential and experienced members of the community ; liberally,
inasmuch as the Colony would be taxed to support the estab
lishment, and it was therefore proper that the inhabitants
should have a voice in its formation , which, in the then state of
the Colony, they could not have through the usual medium of
Indian night elective members of Legislative Council
Council .. As a result of the
Police raised. démarches upon this subject, early in September, 1844 , a corps
THE INDIAN NIGHT POLICE , 55
of twenty -five natives of India was raised , and placed under the Chap. II.
control of a vigilant officer. These men, armed with pistols 1844.
and cutlasses, were stationed at short distances along the Queen's
Road, and from sunset to sunrise were on duty, affording great
protection to property. The matériel of which this body was
formed, as it is now, was probably the best that could have been
chosen, as undoubtedly there exists no mutual sympathy between No mutual
the Indian and the Chinaman, -the reverse probably, -which between tween the
would thus render the risk of connivance at any time extre- Indian and
the China-
mely improbable and therefore the security to the public greater. man.
On the 16th July, 1844 , a table of fees to be taken in the Table of fees
Police Magistrate's office, having been approved by the Gover- in Police
Magistrate's
nor-in- Council, was published for general information . This, office,
to some extent, superseded the obnoxious table published in
January and before alluded to, and remained in force until
superseded by the new table published on the 26th December,
1849 .
The Governor, being convinced that one of the most Crime and
and lighting
effectual means both of preventing and detecting crime consisted of the town.
in having the streets well lighted, on the 18th July, called upon Ordinance
No. 5 of 1844.
the inhabitants of the town to conform strictly in future to the
provisions of Ordinance No. 5 of 1844 , requiring all persons
to affix a proper lamp or lantern to their houses and to keep it
alight during the night, the police having strict orders to prose-
cute all offenders in that respect.
Mr. Henry Charles Sirr, who had arrived in the Colony on the Mr. H. C.
29th May, together with Messrs . B. Robertson* and R. B. Jackson Sirr.
Mr. B.
as vice-consuls for China , and all three Barristers - at- Law, now Robertson.
Mr. R. B.
threw up his appointment and started practising in Hongkong. Jackson,
Here he remained, however, a short time, proceeding after-
wards to Ceylon .†
The records at this time disclose several daring cases of piracy. Piracy.
Robberies in Hongkong proper being less frequent, owing to the
vigilance of the authorities , the ruffians now seemed inclined to
carry on their nefarious trade upon the neighbouring waters .
The cause of this was put down to the mildness of our laws,
with the result that the Chinaman had got a rather contempti-
ble opinion of British criminal jurisprudence-" the mere scratch-
ing with a rattan, backs tanned to the thickness of a sole leather,
Called to the Bar, 16th June, 1840. Mr. Robertson held various important appoint-
ments in the Consular Service. He was in charge of the Superintendency at Hongkong in
September, 1854, and in 1877 retired as Consul-General at Shanghai. He was made a C.B.
in 1865 and knighted in 1872.
+ From the records it would appear that Mr. Sirr afterwards met with a chequered
career, especially in Ceylon, where he, for a time, held a Government appointment. He
wrote a book upon “ China and the Chinese," giving the result of his experience in these
parts.
56 HISTORY OF THE LAWS, ETC. , OF HONG KONG.
Chap. II. will not intimidate the vicious, but the principles of suspension ,
1844. as sometimes exhibited in front of Newgate, would probably be
more efficacious in impressing upon the spectators the beauties
of honesty, " ―remarks passed locally and probably not too strong
having regard to the people under consideration.
Arrival of Mr. Paul Ivy Sterling, the Attorney-General, whose appoint-
Mr. Sterling, ment was rumoured in April last, arrived with his family in the
the
Attorney- Surge, from London , on the 28th July, 1844. * He held also
General.
the appointment of Legal Adviser to the Superintendency of
Trade, his emoluments being £ 1,500 a year, with private prac
tice.
State of
The Judicial Department was now fully constituted, and
judicial
affairs at it was hoped that the Court would be opened with as little
this period. delay as possible. The Colony had been for some time in the
unenviable position of having no Civil Court of Justice what-
ever. On the arrival of the Chief Justice in May, the Police
Magistrate had ceased to decide upon actions of a civil nature,
restricting his Court to its own legitimate duties, in consequence
Mr. Sterling
gazetted a of which, as may be readily imagined, considerable inconvenience
member of had been experienced. Shortly after his arrival, Mr. Sterling
the Execu- was gazetted a member of the Executive Council.
tive Council.
Tenders for
As a result of the activity shown by the authorities at this
buildings
at Chuck-chu time in regard to the proper settlement of the island , it is not
and for
Police out of place to mention the calling of tenders on the 12th
Stations. August, 1844 , for the construction of a residence for the Assist-
ant Magistrate, with police stations, at Chuck-chu , and of three
police stations in the town itself.
Chinese Much dissatisfaction was caused at this time by a Govern-
watchmen
and bamboo. ment notification that watchmen were no longer to be allowed
striking. to strike their bamboos at night, as was their wont, to let their
employers know that they were " awake and watchful " ! The
notification was as follows : -
"Whereas the noise made by the Chinese watchmen has proved a public
nuisance, and a more effectual means of ensuring their vigilance may be
substituted in the severe punishment of those whose remissness is proved,
notice is hereby given that they will no longer be permitted to strike their
bamboos during the night .
By Order,
(Signed) FREDERICK W. A. BRUCE,
Colonial Secretary.
Victoria, Hongkong,
22nd August, 1844."
Chinese It would appear that from an early period of the Colony,
custom of
bamboo- owing to the insecurity of property and the inefficiency of the
striking. police, it had been found necessary by the principal inhabit-
* Graduated at Trinity College, Dublin ; entered King's Inn, Dublin, and Gray's Inn,
London ; called to the Irish Bar, Michaelmas Term, 1829,
PRIVATE WATCHMEN AND BAMBOO - STRIKING . 57
Chap. II.
ants to employ private watchmen. These watchmen, by a -
custom which was said to be universal in China , in going 1844.
their rounds, used to beat two pieces of bamboo on purpose to in-
form their employer that they were awake and watchful. It was
alleged that without " this evidence there was a continual dread,
and the man who, in this exhausting climate, had been busily
employed during the day, could not rest in quiet during the
night, from fear that the watchman was asleep and robbers
cutting through the walls of his house." The offender in
relation to the stoppage of these " bamboo - strikings at
night would appear to have been the General Commanding the
Forces , Major- General D'Aguilar. His residence is said to have
been situated in a part of the town where there were many pri-
vate watchmen , and the sound of the bamboo - beating was offensive
to his ear " sleep, sweet sleep , was banished from the warrior's
pillow. " The comments, continuing, said " that because an
elderly gentleman conld not sleep soundly, with the bamboo
sounding in his ear, the thousands of treasure and goods in the
godowns, stores, and houses of the inhabitants, would be laid
open to the depredations of robbers, from whom the parental
Governors would not protect the people , nor allow them to
protect themselves. An Order of Council had been published ,
prohibiting the beating of bamboos -the General may quietly
sleep-but uneasy rest the poor wights who have dollars in
the money chest . " Such were said to be the motives for this
“ extraordinary act " ! The carrying of the order into effect
was, of course, entrusted to the Police, who rightly deprived the
watchmen of their bamboos, but rattles, gongs, and bells were
quickly substituted therefor . As the result of a contraven- Fine imposed
tion of the order, it is recorded that in one case a gentleman Magistrate
delinquent, " after having his premises invaded by a policeman for contra-
who deprived the watchman of his bamboo," was fined five vening the
order against
dollars by the Chief Magistrate . For many a long day the bamboo-
striking.
" bewailments " of the Hongkong people continued regarding Bewailings
the stopping of this " bamboo- beating " at night, and much of Hongkong
amusing correspondence appeared in the papers of the day people in
consequence
upon the subject, but the authorities were obdurate and de- of stoppage
of bamboo-
terinined to put a stop to what after all now-a-days can only striking.
be looked upon in the light of ridiculous nonsense ; especially
any one having the slightest experience of the trickery and
deceit of the natives, and therefore the utter uselessness of any
security that the noises caused by the striking of the bamboos
could have afforded . The authority under which the Order in Ordinance
question was founded was section 1 of Ordinance 5 of 1844 , which No.
s. 15. of 1844,
provided for the punishment of any such nuisance as that which
this bamboo -beating " must really have been. The General,
no doubt, who had himself greatly co- operated in increasing
58 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. II. the vigilance of the night police by granting military aid, apart
1844. probably from his own experience of these private watchmen ,
Major- who in themselves had caused no inconsiderable trouble to the
General
D'Aguilar authorities, had concluded that the sooner they and their bamboos
instrumental
in stopping were got rid of the better for every one, including himself, and
bamboo-
this he finally effected by passing, while Governor " for the
striking.
Ordinance time being," Ordinance No. 17 of 1844, " for better securing the
No. 17 of peace and quiet of the inhabitants of the town of Victoria and
1844.
its vicinity during the night time, " the preamble fully explain-
ing its purport and that " the said nuisance should be sup-
pressed . "
Governor The Governor, Mr. Davis, was now in China , having left by
Davis
inspects the Agincourt with Rear- Admiral Sir Thomas Cochrane, Com-
northern mander of the Naval Forces in China, on the 28th August, on a
ports.
Major- visit of inspection to the northern ports . and Major- General
General D'Aguilar, the General Commanding and Lieutenant- Governor
D'Aguilar
administers of Hongkong, had assumed the administration of the Govern-
Government
pr o tem . ment pending the Governor's return .
Renewed
Complaints were now heard again and indignation expressed
complaints
at non- at the non-opening of the Supreme Court, though both the Chief
opening of Justice and Attorney -General had been in the Colony for some
the Supreme
Court. considerable time. In the absence ofany reason to the contrary,
the public having apparently been kept entirely in the dark.
endless conjectures were formed as to the real reason for not
opening the Court. It was hinted that it did not suit the Gov-
ernment to open the Courts, and that justice would continue to
be doled out by the Magistrate of Police, Major Caine, whose
honourable and active career in arms had but little qualified him
for the Bench in cases where points of law had to be decided ,
and he too now came in for a share of the abuse. There was a
degree of cruelty, it was said, in imposing heavy responsibilities
upon this gentleman now that there were public servants of
the Crown idle in the Colony, though they had been sent out
to fill appointments which they appeared to think merely
nominal , and which could only be estimated when it was
considered in how many instances the Magistrate had laid
himself open to censure by dispensing law which was not
English law, " but Pottinger law, and which was not legal-
ized " (sic ). On the 7th September, it had been generally
expected that amongst the last published Government Noti-
fications, a notice of the immediate opening of the Court
would have appeared . No such notice, however, had appeared.
Again conjectures were formed. It was suggested that per-
haps His Honour the Chief Justice was too much engaged
with legislative duties to attend to judicial matters, or that
the ' secret council ' had greater charms than the open Court,
THE NON - OPENING OF THE SUPREME COURT. 59
and that it was an easier and a more pleasant task to make Chap. II,
laws than to dispense them. Many reasons were assigned for 1844.
the delay. One reason, it was thought was that Mr. Hulme Chief
had left Hulme
his law ( library ) " at the Cape, hearing it would Juice
inconvenience him in Hongkong. Another was that enervated abused in
by the climate, the arduous duties of the Council, and the diffi- consequence,
culties he had encountered in finding a suitable house, he was
already incapable of undergoing the fatigue of the bench, and the
abuse heaped on him finally ended with the assertion " His Ho-
nour had helped himselfto a house, more on the principle that
might makes right, than that of doing as we would be done by."
Still no attention was paid to this ' bewailing of the multitude . ' state
Skit upon
of
The following skit upon the state of affairs consequent upon affairs.
the non-opening of the Supreme Court appeared at the time
under the signature of a humorous writer-" A Modern Confu-
cius ":-
The period having arrived when that great adjunct of civilization , a
Supreme Court, was to be established in the land, it became a matter of
delicate speculation, how the ardent lieges of Victoria were to be restrained
from surfeiting themselves, at this great fount of Law and Justice. After
sundry meetings in Downing street, the expedient was hit upon of sending
out the requisite officers separately, and thus familiarizing the Victorians
to the presence of a portion of them before the arrival of the whole. In
order, however, that the people should have the full benefit of their new
institution, the Home Government considerately sent them out a barrister,
but, in so doing, evinced the same forethought as to the avoidance of display,
by wrapping the learned gentleman up in a Consul's cloak .
The wisdom and prudence exhibited in these proceedings were soon
exhibited in Hongkong.
On the arrival of the Chief Justice,
" he could not stir,
66
But, like a comet, he was wondered at,
"Men would tell their neighbours, that is he ;
་་
"Others would say, where ? has he the Statute Book ?
Such being the state of the public mind on the arrival of one or two
members of the great tribunal, what would it have been had the whole Court
arrived together and defiled before the multitude ? We verily believe the
most extravagant scenes would have ensued . Neighbour would have
assaulted neighbour, from the sheer desire of being tried by his Peers, and
favoured with a bumper of English justice. Even the Poppy Lords of the land,
those mighty noblesse, who , being rich, can appeal to the House of Commons,
could have scarcely preserved their wonted composure. Like the shipwrecked
seaman, whom attachment to rum led to tap the powder barrel with a red
hot iron, they would , one and all, have gained access to the hall of Justice
at any risk. But wisdom
" O'er their wild mood full conquest gained ,
Their noisy watchman's hand restrained ,
Sent their fierce zeal on a homelier cruise,
And stopped the freeman's arm, to aid the freeman's snoose ."
60 HISTORY OF THE LAWS , ETC., OF HONGKONG.
Chap. II. It was a matter for regret that during all this time the
1844. authorities had not taken steps of some sort to remedy a state
Result of
scandalous of affairs which now-a-days would be considered scandalous, or ,
delay in at all events , to let the people know why the Supreme Court had
opening
Supreme not been and could not be opened . In the first place this, so
Court. far as was known , very unnecessary, delay had been the cause of
serious injury to the community. More than one person had
left the Colony in debt, there being reason to believe that , if
willing, they could have liquidated all claims upon them, and yet
their creditors could not stop them . On the 19th August, 1844 ,
Ordinance the Consular Ordinance No. 6 of 1844, " authorizing the execution
No.6 of 1844. of the process of the Supreme Court of Hongkong in certain parts
within the Dominions of the Emperor of China, " was passed
though not published till late in September . The publication
of this Ordinance, it was hoped, was only preparatory to the
opening of the Supreme Court. Indeed , the publication of this
Ordinance, followed shortly after by the publication of Ordi-
Ordinance
No. 15 of nance No. 15 of 1844, ( dated 21st August, 1844 , ) in a Govern-
1844. ment Gazette Extraordinary of 21st September, 1844, " to
establish a Supreme Court of Judicature at longkong" disclosed
in themselves the reason why the Supreme Court until now
had not been opened . Though the Chief Justice and Attorney-
General had arrived in the Colony for some months, it was evident
that the proper machinery, both for the opening of the Court
and as to the law and procedure to be applied, was wanting,
and until this had been duly provided , no Court could pos-
sibly be held and that both the Chief Justice and Attorney-
General had been constantly occupied in the preparation and
passing of the necessary laws for the working of the Court,
and, as experience showed, had in the meantime been unjustly
and unnecessarily abused. The Ordinance establishing the
Supreme Court had been elaborately drawn up, disclosing great
care and ability, and must have demanded great consideration
and attention at the hands of the judicial authorities , for it
contained no less than 137 sections . By section 1 of the
Ordinance, " the Court at Hongkong with criminal and ad-
miralty jurisdiction, which had hitherto been holden by the
Chief Superintendent as hereinbefore mentioned, and which,
it will be remembered , had been but once opened in the Colony,
in March, 1844 , by Sir Henry Pottinger, was declared abolished,
and section 3 enacted that the laws of England should be in full
force, except that in criminal proceedings against the Chinese,
it would, to a certain extent, be lawful to try the offenders by
the laws of China . But this Ordinance did not long remain in
Ordinance force, and in August, 1845 , it was repealed by Ordinance No. 6 of
No. 6 of 1845. that year.
This latter enactment related solely to the establish-
ment of the Supreme Court, and many clauses having reference
THE SUPREME COURT ESTABLISHED, 61
to forms which had a place in its predecessor were now omitted, Chap. II.
as was also the clause granting to the Court vice -admiralty 1814.
jurisdiction and power to punish Chinese according to the laws
of China . In the first Ordinance there were 71 clauses refer-
ring to the Supreme Court , in the second, only 30, the latter
Ordinance being further repealed in part by Ordinance No. 2 Ordinance
No. 2 of 1846.
of 1846 .
62
CHAPTER III .
1844-1846 .
SECTION I.
1844 .
Opening of the Supreme Court. —Admissions to practice. —Attorneys' oaths.-Ordinance
No. 4 of 1869, s. 13. - First Criminal Sessions of the Court.- First criminal case heard.--
Report of the proceedings of the first Criminal Sessions of the Supreme Court.— Mr. Cay,
Registrar, a Commissioner for taking affidavits. — Death of Chief Justice's daughter ;-the
Court adjourns.-Indisposition of Chief Justice.- The Registration Ordinance No. 16 of
1844. Public opposition.--Ordinance included Europeans. - Public meeting. -Opposition of
Europeans and Chinese. -Strike of Chinese labourers. - Meeting of compradores. - Shops
and market close.- Disturbances and arrests.- Memorial to Governor,- Memorial returned
by the Governor.-Committee petition the Legislative Council.--Business stopped. - State
of affairs.- Government Notification. Operation of Ordinance suspended . - Deputation of
Chinese to Governor. - Governor declines to receive petition. -Governor declines further
communication with Committee appointed by public meeting.-Further public meeting.-
Proclamation by Governor that he returned the memorial because couched in improper
language.-Government Notification accusing Englishmen of tampering with the Chinese
in their opposition tothe Ordinance. -Protest of Europeans against the accusation.-British
subjects in Canton address the Governor on the measure.-Conclusion drawn as to the
Ordinance.- Dr. Bowring's motion in House of Commons. - Mr. Hope and Sir G. Staunton
compliment Governor Davis. - Dr. Bowring withdraws his motion. The mistake of the
local Government. -Ordinance No. 18 of 1844.- Less inquisitorial than its predecessor.-
Effect of hasty legislation and opposition by natives to local laws. -Ordinance No. 18 of
1844.-Ordinance No. 7 of 1846. - Lawless characters in the island.--Land.- Government
Proclamation respecting mat-houses and sheds in the Queen's Road.--Triad Secret
Society.--Transportation. - First execution in Hongkong. - Ecclesiastical and other Orders
of Court disallowed by Home Government.- Report of ' Head Constable and Jailer '
respecting the first batch of transported European convicts.--Land. -Balconies and
verandahs.-Lord Stanley's Despatch regarding land sales and Crown leases. - Second Cri-
minal Sessions of the Supreme Court.-The year 1844. Improvement in judicial affairs.
General review.
SECTION II.
1845 .
The Census and Registration Office. Ordinance No. 18 of 1844.- Ordinance No. 7 of 1846.--
Ordinance No. 1 of 1845. -Triad and other Secret Societies. -Branding.-Ordinance No.
12 of 1845.-Summary Jurisdiction of the Supreme Court. - Probate and Administration.
-Admission of W. H. Goddard and W. Tarrant as Attorneys.--Ordinance No. 15 of 1844,
8. 10.--Ordinance No. 6 of 1845, s. 11.- Auction duty. Ordinance No. 21 of 1844.- Pro-
fessional men advertising in Hongkong.-Jurisdiction exercised by H. M.'s Consuls.--
Ordinance No. 7 of 1844.- Expenditure of Colony. - Parliamentary Vote.- Judicial
Expenditure.-Chinese prisoners sentenced to death commit suicide.--Arrival of Mr.
Charles May, Superintendent of Police with two Inspectors. - Ordinance No. 12 of 1844.-
Captain Bruce relinquishes Police duty. - Inspectors Smithers and McGregor.- Extraor
dinary conduct of Lieutenant McDonald towards Major Caine as Sheriff.-Action against
Lieutenant Mc Donald.- Writ issued against him.-Lieutenant McDonald orders the
arrest of the Bailiff by a military guard. -He writes an insulting letter to Major Caine,
Sheriff, and offers to fight him in a duel. - He is Court-martialled and punished.—
Captain Jeffery reprimanded . - Major-General D'Aguilar's minute, and on duelling.-Rule
of Court providing for service of process on military oflicers by other than a soldier, dis-
allowed.-Lieutenant Pedder, Harbour- Master and Marine Magistrate, takes leave.--
Changes in consequence.- Mr. S. Fearon.— Mr. A. Lena.- Levée by the Queen, Distin-
guished officials from China presented. Chuck-chu ' and ' Shuckpai-wan ' called ' Stan-
ley ' and ' Aberdeen ' .--- Capture of pirates by Mr. Lena. -Serious attack upon Chinese
ANALYSIS OF SECTIONS. 63
Police at West Point.-- Shops and houses closed. - Flogging of prisoners. -Public opinion.
-Prostitutes and charges of extortion against Police. -The Lock Hospital and the Chief
Magistrate.-Major Caine slandered .-- Mr. Shortrede, editor of the China Mail. -Apology
to Major Caine.- Constitution of Legislative Council again discussed. —When unofficial
members first admitted to the Legislative Council . -The Supreme Court and the Chief
Justice. -Ordinance No. 15 of 1844, ss. 25 , 27. — Ordinance No. 9 of 1845. -Chinese Advo-
cates and the employment of educated Chinese in the administration of justice.--Chinese
interpretation. — Resignation of Mr. Farncomb as Coroner. -The reason.- Mr. Hillier
succeeds Mr. Farncomb.--April Criminal Sessions .-- Mr. Shelley acts as Hindus.
tani interpreter. - Mr. D. R. Caldwell, Chinese interpreter.- Mr. McSwyney, Deputy
Registrar, resigns to practise.- Mr. F. Smith succeeds Mr. McSwyney. - Free pardon to
prisoners on Queen's Birthday.--Admiral Cochrane's action against the editor of the
Friend of China, Mr. Carr, for libel.- Mr. Carr is acquitted.--Action of the Government
in the matter disapproved of.--Mr. Carr's expenses defrayed by subscription.- Rustomjee
and Co. r. Macvicar and Co.-June Criminal Sessions --Conviction of Private McHugh
for causing death of a comrade.--Henry Daniel Sinclair transported for life for piracy-
Chun Afoon sentenced to death for a murderous attack at East Point.-- Decrease of such
crimes.--Conviction of Ingwood , of H.M.S. Driver, for murder.-- Execution of Ingwood.-
Ingwood is hanged together with Chun Afoon.- Ingwood the first European hanged in
Hongkong.-Ingwood's crime. - The law of England as to murder. -Assessed rate on lands
and houses for maintenance of Police Force. -Ordinance No. 2 of 1845.- The opinion
of the Law Officers of the Crown.- Landlord and tenant.-Public dissatisfaction.-
Constitution of Legislature attacked -Memorial to Lord Stanley.- Mr. Bruce, Colonial
Secretary, goes on leave. - Major Caine, Acting Colonial Secretary, Mr. Hillier, Acting
Sheriff and Police Magistrate. -Lieutenant Armstrong, acting Assistant Magistrate.-
Mr. S. Fearon, Registrar-General goes onleave. Changes. - Mr. A. L. Inglis.-- Mr. Hillier. —
Mr. W. H. Leggett.-Major-General D'Aguilar causes prosecution and conviction of a
Mr. Welch for having music ' in his house. Episodes in the case.- How Mr. Welch
treated General D'Aguilar's emissary.-He is prosecuted. Case tried by Lieutenant
Armstrong. Mr. Welch fined for ' threatening ' Sergeant Atkins.-- Public comments on
the whole matter. -Governor Davis made a Baronet.- Mr. Hillier, acting Sheriff , refuses
access to prisoners in debtor's gaol. -Comparison between Hongkong and Chusan. The
Bombay Gentleman's Gazette.- Early History of Hongkong.- Lawless population. — Mr.
Holdforth, Coroner.-Death of Mr. Leggett. -Chinese Agents violate sovereignty of
Hongkong.-They are convicted .-Government Notification as to such Agents. - Ordinance
No. 11 of 1845.-Ordinance No. 19 of 1844.- Ordinance No. 10 of 1845. - Act 10 and
11 Vict., c. 83.- First Appeal Case against Magistrate's decision : Christopher v. Arms-
trong.-Ordinance No. 1 of 1844. - Rule made absolute.- Costs refused against the
Magistrate.-Mr. Hillier takes short leave. Lieutenant Armstrong acts.-Mr. A. L. Inglis,
Assistant Magistrate.-- December Criminal Sessions. Trivial cases committed by the
Magistrate.--A Chinaman sentenced to death. His accomplice is arrested in 1848 and
convicted. Judicial events of 1845.- Resumé.
SECTION III .
1846 .
Coroner's Inquest.-- Suicide amongst Chinese - Piracy.-The Police. -The Indian
night Folice.- Lighting of the streets. - Public opinion of European portion of Police
Force.-Justices of the Peace.- Mr. Shelley audits the Registrar's accounts. - Mr. C.
Markwick, Appraiser and Auctioneer of the Court, in place of Mr. Newman.-- Mr. S. T.
Fearon gazetted Registrar-General and Collector of Chinese Revenue for Hongkong.-
Land. Verandahs.-Mr. Holdforth, Deputy Sheriff.-- Return of Lieutenant Pedder.-
Messrs. Farncomb and Goddard in partnership.- Flogging in Hongkong. - Disgusting
exhibitions of flogging. - Wholesale flogging objected to. -54 Chinese flogged and their
' tails ' cut off on pretext of having no registration ticket .- They are afterwards handed
over to mandarins at Kowloon. -The origin of the offence for which they were flogged.-
Difficulty of identification. - Case brought before Parliament. -Registration Ordinance a
failure. The surrender of men under the Ordinance to Chinese authorities decmed a
disgrace. No community of feeling between English and Chinese Magistrates. - Strong
local comments upon the flogging case. - Ordinance No. 1 of 1845. - State of crime at this
stage.-Sentences of flogging deemed excessive and unnecessary.--Lieutenant Thomas
Wade appointed Chinese interpreter of the Supreme Court. - Duties of the Marine Magis-
trate. -Europeans and Lascars. - The Chinese. -Mr. Lena and the suppression of piracy.—-
Day robbery at West Point. - Escapes from Gaol The Chief Magistrate, the Gaol, and
the Police. His heavy duties.--Appeals to the Privy Council. - Letters l'atent. Commis-
sioners to hold Admiralty Jurisdiction. - Court with Admiralty Jurisdiction.---Governor
Davis. Vice- Admiral of the Island. - Chief Justice Hulme, Judge of the Vice-Admiralty
Court. - May Criminal Sessions.-Ching Afat. Sentence of death for murder.- Piracy
case discharged. Features of the case. - Difficulty in recognizing Chinese features.-
Substitution of prisoners. - European policeman conniving at escape of prisoner acquitted.--
Collusion between prisoners and Police as Prison guards. - Prosecution of a Mr. Wise.
64 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
man at instance of General D'Aguilar for alleged ' furious riding.' General D'Aguilar and
public comments. - Subservient Magistracy.-- General D'Aguilar considered eccentric.—
Frequent murders amongst Chinese.--The gallows no terror.- Execution of Ching Afat.
His resistance on the scaffold. - Death by hanging regarded as ignominious by
Chinese. Mr. P. C. McSwyney. Coroner. - Daring piratical attack on the Privateer
opium ship. - Conviction of the notorious pirate Chun Teen Soong.- His indifference on
the scaffold. - Confesses to nine acts of piracy and murder. - Departure of Mr. Bruce,
Colonial Secretary. -Changes in consequence. - Mr. Bruce appointed Lieutenant.-
Governor of Newfoundland.--Arrival of Mr. N. D'Esterre Parker, solicitor.—
He advertizes himself.--Action against Captain Coates of the Bomanjce Hormusjer for
damages. Influence of Acqui, Opium Farmer -Plaintiffs previously tried for piracy.---
They seek compensation for illegal detention on acquittal. - Chief Justice marks his indig
nation by awarding 50 cents damages. -Comments upon the law on the subject and public
sympathy with Captain Coates.-Departure of Governor Davis to Chusan. General
D'Aguilar assumes charge.--Chusan restored to China.- Governor's Proclamation and
warning as to Chusan. - Important Divorce Suit : Matthyssons v . Matthyssons. - Mr. A.
W. Elmslie, Secretary to Sir H. Pottinger.-- Mr. G. T. Braine.--Chinese oaths.- Kiss '
in Chinese. Matthyssons' Divorce Bill read a second time.--Complaints against European
Police.-Extortion .--The Chief Magistrate again as Head of the Police. His interference
with Mr. May, the Superintendent.-Charges levelled at the Police.- Escape of con-
victs Sinclair, Ross, and Walker. They give themselves up after ill-treatment by Chinese.—
Coroner's inquest upon body of a Chinese prostitute. -Abandonment of inmate of
brothel on becoming diseased.-- Object in view. -Extraordinary verdict of the Jury in the
case.--Facts of the case. - Death of deceased premeditated.--Curious admonition of
Coroner. -The keeper of the brothel was guilty of murder.--Such atrocities common
among the Chinese.--The keeper fined for ' exposing ' the girl.- Incapacity of judicial
officers. Incompetency of Coroner McSwyney. The Duncan-Jenkins affair.--Mr. R.
Rutherford, Appraiser of the Supreme Court. -Flogging.--Dr. Bowring moves House of
Commons about case of the 54 men flogged.--Flogging less resorted to.--Unofficial mem-
bers of the Legislative Council desired. -Comments upon the Magistracy.--Honorary
Justices.--Comments upon Major Caine as a Magistrate. - Comments upon Mr. Hillier,
Assistant Magistrate.--No legal training.- His previous career.-- Uncharitable remarks.-
Cases of partiality and subserviency of the Magistracy.--No impartiality.--Crime.-
Government rewards.- Sepoys attacked. -Action of the Executive in the case of the
Portuguese Marçal charged with fraud.--The case of the Portuguese d'Assis, Pacheco, and
de Mello in collusion with Marçal. - They escape to Hongkong and Canton.--The Governor
of Macao asks for surrender of d'Assis and Pacheco.--- Mr . Hillier under instructions, without
anytreaty, issues warrant.--Arrest of the Portuguese and appearance before the Magistrate.-
Their solicitor objects.-- Mr. Hillier says he will consult the Governor.--The same even-
ing they are shipped off to Macao. — Indignation in Hongkong.--- Acquittal of the prisoners
in Macao.--They sue Mr. Hillier for damages. -Action laid at $25,000.—Transportation of
convicts to Singapore and Bombay. - Major Caine, acting Colonial Secretary, gazetted a
member of the Legislative Council . - Departure of Mr. Sterling, Attorney-Genera ' , on leave.—
His career in Hongkong. -Flogging not a deterrent against crime in Hongkong. Instance
quoted. -Cutting of ' tails '.- Confirmation of news of the appointment of Mr. Bruce to
Newfoundland.- Ordinance No. 6 of 1846 , for regulation of proceedings in the Supreme
Court during absence of Mr. Sterling.- Mr. N. D'E . Parker, Crown Prosecutor.— Messrs.
R. Coley and W. Gaskell in partnership.--Inefficiency of the Magistracy. The Duncan-
Jenkins episode. Extraordinary conduct of Mr. Hillier, acting Police Magistrate, and of
Mr. McSwyney, Coroner. -Verdict of manslaughter against Duncan and Jenkins.— Tables
turned on Mr. McSwyney. - Irregularities at inquest conducted by Mr. McSwyney.--The
ChiefJustice takes Mr. McSwyney to task.- Result of oflicial incapacity. Innocent men
flogged and imprisoned .— Mr. Hillier before the Chief Justice. —Public opinion of Mr.
Hillier. The abuse of the power of flogging. -A legally qualified Chief Magistrate
desired . - November Criminal Sessions. Paltry cases committed. Magistrate censured.—
Warrants of commitment sealed but not signed . —Chief Justice's opinion . - Ordinance No.
6 of 1846. - Loose manner in which evidence taken - Colonial Secretaryship and Auditor-
Generalship amalgamated .-- Major Caine appointed acting Colonial Secretary and
Auditor-General. - His promotion well merited. His past career reviewed . - Fees on
the insolvency side of the Court. - Ordinance No. 3 of 1846. - Transportation of convicts
to Singapore and Bombay. - Convicts taken to Scinde.- Mr. McSwyney removed from the
Coronership. Mr. N. D'E . Parker succeeds him.
Chap. -
III § I. As now constituted , the judiciary was complete, and on Tues-
Opening of day, the 1st October, 1844 , the Supreme Court was formally
the Supreme opened with the ceremonies and solemnity consistent with such
Court.
occasions, in the presence of a large crowd of both Europeans
and natives , the Chief Justice taking his seat on the bench
punctually at ten o'clock. There were present in Court the
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