OPENING OF THE SUPREME COURT . 65
Colonial Secretary, the Attorney - General , the Police Magistrate, Chap. III § I.
Mr. Cay, the Registrar, Mr. Smith ( previously clerk to Mr. 1844.
Burgass) , Clerk of the Court, Mr. Henry Charles Sirr, barrister-
at-law, Mr. Edward Farncomb, solicitor , besides several other
officers of the Government and some of the leading residents of
the Colony. After the Registrar, Mr. Robert Dundas Cay,
had read the several documents relating to the constitution and
opening of the Court, the Court adjourned to the 2nd at 10
o'clock . Before adjourning, the Chief Justice admitted to Admissions
practice Mr. Edward Farncomb, an English solicitor who had to practice.
previously been in practice in the Colony, as an attorney,
and Mr. Paul Ivy Sterling, the Attorney-General, and Mr. H.
C. Sirr, barrister-at-law, as barristers of the Court. The
attorneys were required to take the oaths of allegiance, good Attorneys'
behaviour, supremacy, and abjuration, which they duly subscribed oaths.
to. This system lasted until the passing of Ordinance No. 4 Ordinance
No. 4 of
of 1869, relating to " Promissory Oaths, " on the 24th September, 1869, s. 13.
1869, when by section 13 of that Ordinance the oath of alle-
giance was alone substituted for the oaths of allegiance,
supremacy, and abjuration . On the 2nd October, the Criminal First
Sessions began punctually at ten o'clock, presided over by the Criminalof
Sessions
Chief Justice, the Attorney - General prosecuting on behalf of the Court.
the Crown. Except for the " Criminal and Admiralty Court "
presided over by Sir Henry Pottinger under the old law,
this was the first time a regularly constituted Criminal Court
for trial by jury, had sat in China . The first case tried was one First
of abduction . The prisoners, husband and wife , through false criminal
case heard.
pretences, had induced two young women to enter their boat .
After they had embarked , they were bound and carried up the
Canton River, and there sold for ninety dollars each. Their
friends in Hongkong, hearing of this, went to Canton and paid
$220 for their ransom . After their return, the prisoners also
came back, when they were apprehended by the Police . The
prisoners were each sentenced to eighteen months' imprisonment,
the male prisoner to be kept at hard labour and " exposed in
the market- place once a month ." A report of the proceedings Report of the
on this, the first occasion that the Court sat on its criminal proceedings
of the first
side, mentions that "the business of the Court was carried on Criminal
with that decorum which ever characterises a British Court Sessions of
the Supreme
of Justice. There was no opportunity for any display of Court.
eloquence, and with very good taste none was attempted , either
by the Chief Justice or Attorney- General. His Honour
read over the evidence to the Jury, who could not do other-
wise than return a verdict of guilty. It was with much
pleasure that the Attorney - General was heard explaining
that the English laws were not laws of vengeance, but were
intended to protect the innocent by the punishment of guilt,
66 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. III § 1. not to punish guilt by mere vindictive feelings. Now that the
1844. laws were in active operation , and a few severe examples were
likely to be made, the Chinese would hold them in greater
Mr. Cay, regard than heretofore, and crime would decrease. " By docu-
Registrar, a ment under his hand, the Chief Justice, on the 5th October,
Commis-
sioner for appointed Mr. R. D. Cay, the Registrar, to be a Commissioner
taking for taking affidavits. Shortly after the opening of the Cri-
affidavits.
minal Sessions, the Court had to adjourn , the Chief Justice
Death of meeting with a severe domestic calamity by the death of his
Chief
Justice's daughter. After adjourning for a week, the Court again ad-
daughter; journed to a later date owing to the indisposition of Mr. Hulme.
the Court
adjourns. On the 21st August, 1844, the Legislature had passed Ordi-
Indisposition
of Chief nance No. 16 of 1844 " for establishing a Registry of the Inhab-
Justice. itants of the Island of Hongkong and its Dependencies ." As
The
Registration its preamble denoted, it was passed in order to " secure tran-
Ordinance quillity and good order in the Colony, and to prevent the resort
No. 16 of 1844. thereto of abandoned characters , and of persons without any
Public
opposition. ostensible means of subsistence." Taken in conjunction with
previous steps relating to this subject, the Ordinance was well
meant and perfectly justifiable under the circumstances . In its
drafting it denoted considerable forethought, and showed that
the Government was in earnest in endeavouring to do everything
in its power to stamp out crime. But unfortunately, though
well meant, and aiming principally at the Chinese inhabitants,
Ordinance it was too general in its terms and included every European
included
Europeans. resident in the Colony, and no surprise need therefore be evinced
at the storm of indignation which it occasioned . The condition
of the island made such a measure almost indispensable, but it
went too far in its requirements that every merchant, and others
duly specified , should take out a registration ticket for which a
fee of five dollars was payable. "We were somewhat startled
on a first perusal of this Ordinance, " says a local print of the
time, " to perceive that it included the entire population of the
island, and had we a voice in the matter, we would certainly
object stoutly to being included in the Registry. A white face
should certainly be a sufficient passport in any British Colony,
and in point of fact, with the exception of Hongkong, we know
of no British Colony where a passport is necessary, but we must
bear in remembrance that Hongkong is an anomaly in colonial
history, and that we must not seek elsewhere for precedents for
measures which here are unavoidable ............... but we must
assert that it will be with feelings of humiliation , we will pay
our five dollars to the Registrar-General for a bit of paper
Public
descriptive of our appearance, etc. " Accordingly, an indignation
meeting.
public meeting was held on the 28th October, shortly after the
Ordinance had been published, to petition His Excellency the
Governor and the members of the Legislative Council against
OPPOSITION TO THE REGISTRATION ORDINANCE. 67
the Ordinance as being arbitrary and unconstitutional. The in- Chap. III § I.
-
cluding of all Europeans, and the making it compulsory for them 1844.
to take out a registration ticket, prima facie made the measure
objectionable, especially so to British subjects in a British Colony,
but there can be no doubt that the end the Government had in
view, with an eye to the future especially, was to include every
bad character now or afterwards to be found in Hongkong,
though the declared intent of the Ordinance was to protect the
Colony from the outrages of disreputable Chinese. This opposi- Opposition
tion of the better classes to the enactinent led on the Chinese to of Europeans
and
do likewise, and they very soon began to show their intention Chinese.
of bodily refusing to comply with its terms. On the 31st Strike of
Chinese
October, the day before the Ordinance came into operation, labourers.
the Chinese labourers employed by the Government, as well as
those employed by private individuals, struck, and works of all
description were for the time stopped. A meeting of compra- Meeting of
compra-
dores was held on the same day and they resolved to leave the dores.
island, and on the 1st November, the day on which the Ordinance
came into operation, all the shops and the market were closed , Shops and
people ceasing to bring in provisions . Disturbances occurred market close.
Disturbances
during the day. One party refused to carry down provisions to and arrests.
the barracks or commissariat, and some of the culprits being ar-
rested and flogged. On the 28th October , as the result of the Memorial to
meeting alluded to, a Committee was appointed and a memorial Governor.
embodying certain resolutions drawn up for presentation to the
Governor, who afterwards intimated his willingness to receive
the deputation on the 30th. On the same day the memorial was Memorial
duly returned, the Governor deeming the language in which it the returned by
was termed objectionable. After further correspondence, the Governor.
Committee
Committee petitioned the Legislative Council, -which really petition the
meant the Government, for the Council consisted up to this time Legislative
Council.
entirely of officials , -requesting that steps might be taken to
suppress the agitation which existed amongst all classes in con-
sequence of the publication of the Ordinance. All business was Business
completely suspended, no boats could be procured for discharg- stopped.
ing or loading the numerous vessels lying in the harbour, affairs.
communication with Canton was entirely stopped, and no pro-
visions were brought in. The Government, evidently fearing Government
further disturbances, caused the following notification to be Notification.
Operation of
published, suspending the operation of the Ordinance, which Ordinance
notification, however, though dated the 31st October, did not suspended.
appear till the 2nd November :-
GOVERNMENT NOTIFICATION.
The Government, having with ease suppressed the only seditious riot that
has occurred with reference to the Registration Ordinance, and secured
the offenders, is now ready to attend to any respectful as well as peaceable
representations on the subject of the said Ordinance.
68 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap . III § I. With this view its operation is for the present suspended and the Govern-
1844. ment will always be prepared on this as on every other occasion, to modify
or even abrogate its enactments in consideration of reasonable and proper
representations, though seditious movements must be met with the severity
they merit.
By Order,
ADOLPHUS E. SHELLEY,
Clerk of Councils.
Council Chamber,
Deputation Victoria, Hongkong, 31st October, 1844.
of Chinese to
Governor.
Governor A deputation of Chinese also presented a petition to the
declines to Governor on the 1st November, relative to the Ordinance, but
receive
petition. he declined to receive it until the shops had re -opened and
Governor the people returned to their work. On the 2nd, the Governor
declines caused the Committee to be informed that all further communi-
further
communica cations must cease between the Government and themselves
tion with
Committee owing to their unbecoming persistance in the expression of
appointed their opinions in disrespectful language, however veiled by
by public their disavowal of intentional disrespect to himself and Council.
meeting.
Further A public meeting was held on the same day to consider the
public correspondence that had passed between the Committee and the
meeting.
Proclamation Governor-in- Council . A proclamation issued to the public by
by Governor the Governor stated that a memorial, presumably the one
that he
returned the previously mentioned, worded in improper and disrespectful
memorial language, had been returned to the memorialists and notice given
because
couched in that memorials or petitions properly and respectfully worded
improper would be received by the Governor and full consideration given
language. to them . In consequence of a Government Notification, dated the
Government
Notification 2nd November, accusing certain Englishmen of tampering with
accusing the Chinese in their movement with respect to the Registration
Englishmen
of tampering Ordinance, opportunity was taken by the European inhabitants
with the Chi-
nese in their at once to publicly repudiate "in the strongest terms the
opposition unmerited accusation against the British community." On the
to the
Ordinance. 6th November, the British subjects in Canton also addressed
Protest of the Governor regarding the measure in question, who caused
Europeans them to be informed that documents of the kind should be
against the
accusation. transmitted through the Consul . That this Registration
British Ordinance was the result of the many praiseworthy endeavours
subjects in the Government had made, from time to time, to prevent the
Canton
address the resort hereto of bad characters in the general belief that a system
Governor
the on.
measure of registration was probably about the best method to be
Conclusion employed in checking crime, there could be no doubt, and in
drawn as this the Home Government concurred, though agreeing that
to the
Ordinance. probably the present Ordinance was rather too inquisitorial in
Dr. Bowring's character. On the 26th February, 1845, Dr. Bowring moved
motion in in the House of Commons for a copy of the correspondence
House of
Commons. which had been received from Hongkong relative to the Ordi-
THE REGISTRATION AND CENSUS ORDINANCE . 69
nance and the subsequent withdrawal thereof, but he was refused Chap . ----
III § I.
a copy, Governor Davis not then having reported his reasons 1844.
for abrogating his own act. Some regulation of this kind was
considered necessary, though one less inquisitorial in character
than that referred to . Mr. G. W. Hope and Sir George Staunton Mr. Hope
both complimented Governor Davis on his former services in and Sir G.
Staunton
China, and therefore thought that, in the absence of informa- compliment
tion on the subject, Mr. Davis was entitled to credit for Governor
Davis.
believing that such a regulation was necessary. Dr. Bowring, in Dr. Bowring
withdrawing his motion, intimated his intention to bring it withdraws
his motion.
forward on a future occasion . The great mistake the local
Government, however, had committed consisted in publishing the The mistake
of the local
Ordinance , the requirements of which were previously quite Government .
unknown, only a few days before its coming into operation ,
and it was no wonder that the resentment and agitation
which arose reached even to England . Whether the matter ever
came up again before Parliament or not, the records do not
show, but probably not, as the local legislature not long after
passed Ordinance No. 18 of 1844 , by date the 13th November, Ordinance
No. 18 of
1844, the effect of which was "to establish a registry and census 1844.
of the inhabitants of the island of Hongkong." Although this
Ordinance had the same object in view as the one it repealed , Less
inquisitorial
it was less inquisitorial , and, moreover, did away with the than its
obnoxious fee which, as regards the Chinese, was probably the predecessor.
principal reason why they had opposed it. But, as a local Effect of
paper remarked , not unnaturally perhaps , such hasty legislation legislation
wherein the public had had no voice whatever nor had ever been and
consulted, to a certain extent " lowered the English character opposition
by natives
in the estimation of the Chinese. They might on some future to local
laws.
occasion attempt to starve their rulers into a compliance with
their wishes, and it would require some wholesome discipline to
convince them that the Government is not always to be inti-
midated." Thus ended a matter which had caused no end of
discussion and a great commotion in the Colony, showing
the public spirit with which the people were animated
even at this early period of its history. Ordinance No. 18 of Ordinance
No. 18 of
1844 continued in force as late as the 31st December , 1846 , 1844.
when Ordinance No. 7 of that year, in effect, the same as its Ordinance
No. 7 of
predecessor, passed the Legislative Council. 1846.
In October , 1844 , the Government appeared quite in earnest to Lawless
do everything in its power to rid the place of the lawless characters
in the
characters that infested the island. A large number of Chinese island.
had, moreover, come to Hongkong and taken possession of land Land.
in different localities for erecting their dwellings and carrying
on their business , without any grant or permission . To check Government
this, by a proclamation published on the 21st October, it was proclamation
70 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap . III § I. announced that the pulling down of the mat-houses and sheds
1844. and, in some cases, even wooden houses which had been built
respecting upon the Queen's Road and at divers places along the coast
mat-houses
and sheds of the island, without authority or the payment of any rent, and
in the
Queen's which there was every reason to believe gave shelter to thieves ,
Road. had been determined upon and warning was given accordingly.
The following was the proclamation which was translated into
Chinese and circulated throughout the island : -
GOVERNMENT PROCLAMATION.
"Whereas a great number of Chinese and others have, without permission,
and in direct opposition to law and custom, settled themselves upon the
Queen's Road and at divers places along the coast of this island, and have
there erected mat-houses, and in some instances even wooden houses ,
wherein they live and carry on business without paying any rent to the
Crown for the land so occupied :
" This is to give notice, that the Surveyor- General of this Colony has
received my commands to give the aforesaid persons notice to remove
themselves and structures within a reasonable time and at his discretion, and ,
in default of their doing so, to eject them and remove their mat-sheds and
other structures .
" This proclamation to be translated into Chinese and circulated throughout
the island.
" God save the Queen .
(Signed) J. F. DAVIS,
Governor, etc."
Victoria, Hongkong, 21st October, 1844.
Triad Secret The records disclose a raid by the Police on the 31st October,
Society. upon a secret association of Triad which had exercised evil
influence over the Chinese in the Colony. A body of Police
captured 17 members of the society, who made desperate efforts
to get away. These societies had already been the source of
much trouble to the Government, their existence leaving no
doubt as far back as July, 1842 , and stringent legislation in
regard to them now seemed inevitable.
Transporta- On the 31st October, Government advertized for a passage to
tion. Norfolk Island or Van Diemen's Land ( under the Order of
March and June, 1844, before alluded to, but in ignorance
evidently that the same had been rescinded as before stated ) ,
First for nine convicts sentenced to transportation thither at the last
execution in Criminal Sessions . A native camp follower, who had also then
Hongkong.
been sentenced to death for the murder of a European Sergeant at
Chuck-chu, was executed on Monday morning, the 4th Novem-
ber, 1844, having previously embraced Christianity through the
efforts ofthe Roman Catholic priest who had attended him. This
Ecclesiastical was the first execution recorded in Hongkong.
and other
The Supreme Court passed some important rules dealing with
LAND. 71
its ecclesiastical jurisdiction on the 11th November, but these, Chap. 111 § 1.
with subsequent Orders, were disallowed by the Home Govern- 1844.
ment, intimation to that effect being given on the 26th March, of Orders
Court
1847 . disallowed
According to a report by Sergeant James Collins, styled by Home
Government.
"Head Constable and Jailer," dated the 15th November, 1844 ,
Report of
ten prisoners were transported beyond sea on the 12th of that Head
66
month . These criminals, " says the report, " were taken from Constable
and Jailer'
gaol on the morning of the 12th November and put on board a respecting
the first
vessel lying in the harbour, which soon after got under way batch of
and proceeded to sea , destined to New South Wales. They were transported
Their European
all supplied with Christian books -bibles and tracts. Their convicts.
accommodations on board ship were very good , and the room in
which they were confined was light and airy and sufficiently
spacious. The prisoners were presumably Europeans , although
no mention is made of that fact.
At this time it was found that the lot-holders had encroached Land,
Balconies and
on Crown land, and on the space set apart for streets , by build- verandahs.
ing balconies and verandahs outside the limits of their lots.
The removal of these buildings was directed by the Governor,
and the following Government Notification of the 19th Novem-
ber, 1844 , to that effect was published : -
GOVERNMENT NOTIFICATION .
" As it has come to the knowledge of His Excellency the Governor, that
persons have encroached on the property of the Crown, and on the space set
apart for streets, by erecting buildings and constructing balconies and
verandahs, extending beyond the limits of the lots held by them on lease,
His Excellency has given instructions to have the encroachments removed ;
and warns all persons, that no permission will in future be granted to any
one to exceed the boundaries of his lot, on any pretence whatever.
" By Order,
(Signed ) FREDERICK W. A. BRUCE ,
Colonial Secretary.
Victoria, Hongkong, 19th November, 1844.
In this year discussions took place with regard to the grant- Lord
Stanley's
ing of Crown lands on lease for the short term of 75 years, Despatch
instead of by grant in perpetuity, and great dissatisfaction regarding
land sale
was expressed by the lot-holders at the terms imposed upon and Crown
them. The matter was brought before the Secretary of State , leases.
Lord Stanley, who, in a despatch dated the 19th November, 1844,
and addressed to Governor Davis , reviewed the question of land
sales and the Crown leases to be granted , as follows :-
"Adverting now to the discussion which has taken place in regard to the
period for which the lands have been assigned upon lease, instead of being
granted in perpetuity, I must observe, that the subject does not admit of any
claim of right. Neither Captain Elliot nor Mr. Johnston were armed with
any authority to dispose of the public lands, and it was expressly announced
72 HISTORY OF THE LAWS , ETC. , OF Hongkong .
Chap. - III § I. by the former officer, under whom the principal sales took place, that they
1844. must be subject to Her Majesty's pleasure. But it has, of course, been the
wish of Her Majesty's Government to deal with the holders of these lands
equitably ; and the only question is, whether the leases that have been
decided on, sufficiently effect this object ? It is at least some presumption in
their favour that without concert the same view should have been adopted at
nearly the same moment by myself in this country, and by a board of officers
in Hongkong ; and Sir H. Pottinger has pointed out, in his answer to the
gentlemen who wrote to him on the subject , that at the recent public sales
higher rates had been voluntarily given than they were called upon to pay.
They have answered, indeed , that the sales were of a fictitious and specula-
tive character, and could afford no real test of value . Nevertheless , it would
be difficult, as Sir H. Pottinger has observed, to apply any better test of
value than sale in a fair and open market.
Under these circumstances, after fully reconsidering the matter as brought
under my notice in these despatches , I continue to adhere to the decision
expressed in my despatch of the 3rd January last , that the leases of town
and suburban lots for building purposes should not exceed 75 years, subject,
of course, to the discretion of the Government to grant renewals from time
to time. The reports which I have recently received from you sufficiently
show that the terms fixed for the disposal of land in Hongkong have been
no discouragement to building speculations, nor to the purchase of land at
high rents.
Having thus decided on the more important and general question raised
by these despatches, it is necessary that I should advert to a minor point
brought under my consideration by Sir H. Pottinger's despatch, No. 3 of
22nd January last. In that despatch is enclosed a statement of fees to be
taken in the Land Office, which had been approved by the Council and him-
self. To the last three items in this schedule I do not object, but the first
three charges appear to me excessive . They are as follows :-
Preparing any lease or grant 10 per cent . on the amount of annual rental.
Affixing public seal thereto 5 39 29
Registering any assignment, I 5 "
mortgage, or other alienation J
In the first place, the principle of an ad valorem fee, where the amount of
trouble must be the same in every case, appears to me erroneous, and calcu-
lated unnecessarily to impose a disadvantage on large purchasers ; and in the
next place, the rate of these fees, considering the amount of the rents which
have been realized, seems to be excessive.
The rental disposed of is stated by Sir H. Pottinger at £ 15,000 per
annum, and the two first of the above fees constituting a charge of 15 per
cent., it would follow, assuming Sir H. Pottinger's calculation to be correct,
that the public must have been called upon to pay £2,250 to the Land Office
for fees upon transactions not very numerous in themselves, and which so
exactly resembled each other as to entail no additional exertion or respon-
sibility. I am of opinion that the principle of an ad valorem fee should be
at once abandoned , and that the Attorney-General should be called upon to
prepare a standing form to be in future used in such transactions ; and that
having received from Government, once for all, a suitable remuneration for
his trouble in preparing that form, no further charge should be made against
the public on this account. For affixing the public seal, and for registering
transfers or mortgages, moderate and certain fees should be established, the
amount of which you will, of course, report for my approval ; but I am dis-
posed to think that they should not, at least for affixing the seal, exceed
five dollars,"
IMPROVEMENT OF JUDICIAL AFFAIRS IN 1844 . 73
The second Criminal Sessions closed on Saturday, the 21st Chap. III § I.
December. Rated in proportion to the population , the calendar 1844.
was heavy, but when the character of the natives is considered, Second Cri-
minal Ses-
it was less than might have been expected at this early stage of sions of the
the settlement of the Colony. Supreme
Court.
The end of 1844 marked a decided improvement in the judi- The year 1844.
cial affairs of Hongkong. The establishment of a night Police, Improvement
in judicial
the comparative security from robbery, and the constitution of affairs.
the Supreme Court formed an era in the judicial history of the review.
General
Colony. The registration question also formed an important
factor in the year's legislation. The astonishment of the public
that such an Ordinance had passed the Legislative Council was
only surpassed by that felt at its ultimate withdrawal through
the opposition of the inhabitants. The Legislature passed no
less than 22 Ordinances during the year, some of them of con-
siderable length and importance, showing the zeal and industry
that distinguished the legal authorities especially, during this
eventful year. The conclusion of war with China belongs to
the transactions of 1843 , but 1844 saw the ratification of the
treaty by which some of the ports of the Celestial Empire were
opened to the commerce of the whole of Europe and America.
Sir Henry Pottinger, to whose judgment and skill this state of
things was owing, received the highest tributes from the trading
towns of Great Britain and Ireland , and the Queen herself con-
ferred upon him certain distinctions in token of her approba-
tion of his conduct.
The Census and Registration Office, created by section 1 of Chap. III § II.
Ordinance No. 18 of 1844 , which, it will be remembered , 1845.
superseded and repealed the obnoxious Ordinance No. 16 of The Census
and Regis-
the same year, opened on the 1st January, 1845 , as directed by tration Oflice.
section 2 of the Ordinance, and the Registrar-General, Mr. Ordinance
No. 18 of
Fearon , was now busily engaged with the arduous duty of 1844.
numbering the native population of the Colony. The possibi-
lity of rendering the system complete and efficacious in checking
the settlement of bad characters was doubted, but as to the
desirability of the measure there could be no doubt. This
Ordinance remained in force until superseded by Ordinance No. Ordinance
7 of 1846 , passed on the last day of that year. The first Ordinance No. 7of 1846,
Ordinance
to pass the Legislature in January, 1845, was that dealing with No.1 of 1845.
Triad and
the suppression of the Triad and other secret societies , which other Secret
were known to exist largely and to be the source of much evil. Societies .
The Ordinance was necessarily severe, branding being provided Branding.
for, and causing much discussion, but in October following,
doubtless upon instructions from Home, an amendment was
effected by which branding was done away with and the Ordi-
74 HISTORY OF THE LAWS , ETC. , OF HONGKONG,
Chap.III § II. nance not made applicable to any secret society other than
1845 . the Triad (Ordinance No. 12 of 1845. )
Ordinance
No. 12 of
1845. Early in 1845 , the Registrar, Mr. Cay, duly notified that
Summary the Court would sit once a month for the trial of cases under
Jurisdiction
of the its summary jurisdiction, the first sitting being fixed for the
Supreme
Court. 13th January. From an early time in the year, all applications
Probate and for probate and administration began to be duly advertized also,
administra
tion. and next of kin warned to appear on the day of hearing and
produce the wills or codicils of those deceased persons who had
left property in the island, or, if there was no such will
or codicil, to accept or refuse letters of administration or
show cause why administration should not be granted to the
Registrar of the Court. These notices were signed by the
Registrar or his deputy, Mr. F. Smith, and the practice thus
established of advertizing, even as to the different sittings of
the Court on its various sides , seems to have lasted for a con-
siderable period.
Admission of The Court on the 13th January, admitted Mr. W. H. Goddard,
W. H. God-
dard and W. an English solicitor, and Mr. W. Tarrant, previously in the
Tarrant as merchant service, as fit and proper persons to appear and act
attorneys. as attorneys ofthe Court. Both these gentlemen were, however,
appointed temporarily under the powers vested in the Court
Ordinance under section 10 of Ordinance No. 15 of 1844, subsequently
No. 15 of
1844, s. 10. disallowed by the Secretary of State, but replaced by Ordinance
Ordinance No. 6 of 1845 , which was passed on the 19th August, 1845 ,
No. 6 of
1845 , s. 11. and which contained substantially the provisions of section 10
mentioned above as reproduced in section 11 of the said last-
mentioned Ordinance. * On Mr. Goddard's application to be
further allowed to act as a barrister, the privilege was allowed
him only in such cases as he might be engaged in .
Auction At a meeting of Council held at Government House on the
duty.
Ordinance 15th January, a resolution was passed remitting on certain
No. 21 of
1844. sales the auction duty of 24 per cent. imposed under Ordinance
No. 21 of 1844 , which related , inter alia, to pawnbrokers and
auctioneers , the same being duly published for general informa-
tion on the 28th January of the same year.
The following was section 10 of Ordinance No. 15 of 1844 :-
"10. And be it further enacted and ordained, that in case there shall not be a suffi
cient number of such barristers-at-law, advocates, writers, attornies, solicitors, and proctors
within the said Colony, competent and willing to appear, and act for the suitors of the said
Court, then, and in that case, the said Supreme Court of Hongkong shall, and is hereby
authorized to admit temporarily so many other fit and proper persons to appear and act
as barristers, advocates, proctors, attornies, and solicitors as may be necessary, according
to such general rules and qualifications as the said Court shall, for that purpose, make
and establish : Provided always that the persons so admitted shall be admitted for a
period of three months only, and shall not be admitted without obvious necessity."
ARRIVAL OF POLICE OFFICERS FROM ENGLAND. 75
It had now become the fashion for professional men generally, Chap. III § II.
and newly established in Hongkong, to advertize themselves, and 1845.
in reference to Mr. Goddard the following notice appeared one Professional men adver-
month after his admission : - tising in
Hongkong.
"Mr. Goddard, attorney of Her Majesty's Court of Queen's Bench in Eng-
land, and an attorney, solicitor, proctor, and notary public of the Supreme
Court of Hongkong, may be consulted at his offices, Burd's Buildings, near
Magistracy.
Victoria, 13th February, 1845."
On the 17th January, the Governor as H. M.'s Plenipoten- Jurisdiction
exercised by
tiary and Superintendent of British Trade, directed the publica- H. M.'s Con-
tion of a Circular addressed to H. M.'s Consuls in China with suls.
reference to and in connexion with the Consular Ordinance No. 7 Ordinance
No. 7 of 1844.
of 1844, by which the nature of the jurisdiction conferred upon
the Consuls in matters of a criminal nature was further defined ,
and the manner in which such jurisdiction was to be exercised
pointed out. The Ordinance evidently had not been much
studied if we may judge by the facts elicited in the Compton
appeal case mentioned hereafter, in November of this year.
Up to this period, the expenditure of the Colony had been Expenditure
of Colony.
almost wholly borne by the Home Government, and the follow- Parliamen-
ing was the amount voted by Parliament in the Estimates for tary Vote.
1845-1846, to defray the expenses connected with the Judicial Judicial
Expenditure.
Department of the island :-
Chief Justice and Law Courts . £6,602.
Police at Victoria and Chuk-chu ......... £ 6,423 .
At the first Criminal Sessions of the Supreme Court for the Chinese
prisoners
year, held on the 15th February, 1845 , three Chinamen were sentenced to
condemned to death for an aggravated attempt at highway death com-
mit suicide.
robbery. The sentence was to have been carried out on Wed-
nesday, the 26th February, but on Sunday, the 23rd , the
prisoners anticipated their fate by committing suicide in Gaol.
It was generally considered a matter for regret that the salutary
lesson which the native inhabitants would have received by a
public execution was thus lost ; much unfavourable public
comment upon the possibility of such an event occurring in the
Gaol being the result. *
The much-needed experienced head of the Police, in re- Arrival of
Mr. Charles
gard to whose appointment and arrival rumour had often May, Super-
spoken, arrived in the Colony by the Oriental, on the 28th intendent of
Police, with
February, 1845. This appointment was considered as another two inspec-
step in the right direction, and as a proof of the determination of tors.
the Government to place the Police Establishment upon as satis-
factory a footing as possible. So far back as May, 1844 , the
As affording insight into the callousness of the Chinese in committing suicide, see an
account of the suicide of three prisoners awaiting trial at the Criminal Sessions, and
anticipating their fate on a charge of piracy, as related by Mr. Inglis, the Governor of the
Gaol-infrò, Chap. xxiv.
76 HISTORY OF THE LAWS , ETC. , OF HONGKONG.
Chap. III § II. Ordinance regulating the Police Force had been passed. This
1845 . Ordinance (No. 12 of 1844 ) provided for the appointment,
Ordinance
No. 12 of amongst others, of Superintendents of Police under the imme-
1844. diate orders of the Chief Magistrate of Police, than whom a
more experienced official did not then exist. Mr. Charles May,
the new Superintendent, with whom also arrived two Inspectors,
hereinafter mentioned , had previously belonged to the London
Capt. Bruce Police Establishment. On his assumption of duties , Captain
relinquishes
Police duty. Bruce, of the 18th Royal Irish Regiment, who had been
appointed Superintendent on the 1st March, 1844, had to
relinquish his duties and return to his Regiment . A tribute
of praise was due to the latter for the able manner in which he
had discharged his duties. During his short superintendence the
most important and beneficial changes had taken place, especially
in the organization of the Indian night guard, a body of men
who had proved themselves of great value, and to whom in a
great degree was to be ascribed that almost complete protection
from nocturnal robbers which now prevailed . In effecting
these changes he had been ably supported by the Commander of
the Forces and the Chief Magistrate . The appointment of Mr.
Inspectors May as Superintendent of Police, and of Mr. Thomas Smithers
Smithers and
McGregor. and Mr. Hugh McGregor as Inspectors , was duly gazetted on the
18th March, 1845 , when a Government Notification also appear-
ed stating that, " in consequence of the arrival from England of
Mr. May, the Superintendent of Police, all burglaries , rob-
beries, assaults, nuisances, and other matters connected with the
duties of the Police, instead of being reported to the Chief
Magistrate as heretofore should in future be at once brought to
the notice of the Superintendent of Police, at the Central
Police Station, near the old Market Place. "
Extraordi- The records of February, 1845 , disclose the extraordinary
nary
conduct of conduct of Lieutenant Macdonald , of the 98th Regiment, towards
Lieutenant
Macdonald Major Caine, in his capacity of Sheriff and in connexion with a
towards writ of the Supreme Court issued against Lieutenant Macdonald
Major
as Caine, and addressed to the Sheriff for execution.
Sheriff. The following are
the facts. In July, 1844, a quarrel took place between some
soldiers of the 98th Regiment and the European inhabitants of
a lane adjacent to the market-place. The soldiers having been
severely beaten , it was rumoured the following evening that the
men of the 98th Regiment had determined on avenging the
injury done to their comrades by attacking the inhabitants of
the lane ; and, as a precautionary measure, a picquet was ordered
out to patrol the town , and prevent any irregularity on the part
of the military . Lieutenant Macdonald, who commanded this
picquet, unfortunately exceeded his orders and exposed himself
to a civil action by entering the house of a man named Robinson ,
THE CONDUCT OF A MILITARY OFFICER. 77
whom he made a prisoner on suspicion of having been engaged Chap.III § II.
in the fray of the previous night and ultimately took him to 1845.
the barracks where Robinson alleged he was maltreated by the
soldiers. Lieutenant Macdonald stated, in extenuation of his
conduct, that he merely took Robinson into custody for the
purpose of ascertaining whether he was actually one of the
delinquents who had beaten the soldiers the night before, and
that he knew nothing of the alleged assault upon him in the
barracks .
On an action being instituted against him in the Supreme Action
against
Court, Lieutenant Macdonald's plea, to the above effect, was Lieutenant
held to be no sufficient justification of his conduct, and the Macdonald .
plaintiff obtained $ 50 damages and costs against him . Lieute-
nant Macdonald , considering himself aggrieved by this decision ,
which he fancied was at variance with the Mutiny Act, took no
steps for settling the Court's decree, and consequently a writ
was issued against him for the amount. It would appear that Writ issued
at the establishment of the Supreme Court, the Sheriff, Major against him.
Caine, selected a steady and intelligent soldier attached to the
Police Force to act as bailiff, it being almost impossible at the
time to obtain a suitable person unconnected with the service .
On the 13th February a writ of arrest against Lieutenant
Macdonald was delivered to this bailiff, who proceeded to put it
into execution . Although the Sheriff's officer was in plain Lieutenant
Macdonald
clothes , Lieutenant Macdonald knew him to be a soldier, and orders the
unfortunately, losing sight altogether of the man's civil character, arrest of
the Bailiff
ordered a military guard to take him into custody, for what he, by a military
Lieutenant Macdonald , deemed disrespectful conduct. The guard,
result of this proceeding was an application from the civil
authorities to the Major- General Commanding for Lieutenant
Macdonald's person ; and that officer was accordingly delivered
over to the Sheriff in the evening of the 20th February ; but, an
arrangement having been made for his release, he was liberated
next morning. The following day Lieutenant Macdonald He writes
wrote an insulting note to the Sheriff , Major Caine, which was an insulting
letter to
understood afterwards to cover an offer to fight Major Caine in Major
a duel . In consequence of this conduct, Lieutenant Macdonald Caine,
Sheriff, and
was arraigned before a Court- Martial, on Thursday, the 27th offers to
February, for conduct unbecoming the character of an officer and fight him
a gentleman in ( 1 ) sending a most insulting note to Major martialled
He is Court-
Caine, the Sheriff of the Colony, on the 22nd February, seeking and punished.
thereby to found a personal quarrel with Major Caine upon
circumstances of a public nature and wholly connected with
the execution of his official duty, and ( 2 ) in having sent such
note in the face of the General Order of the previous day,
in which he, Lieutenant Macdonald, had been severely
78. HISTORY OF THE LAWS, ETC. , OF HONGKONG.
Chap. III § II. animadverted upon for an unwarrantable resistance to the Civil
1845. Authorities, and also in direct opposition to the warning of
Captain John Bruce, Assistant Adjutant General, who distinctly
advised him of the dangerous and inevitable consequences
that would attend such a proceeding . On the 4th March, the
Court adjudged Lieutenant Macdonald to be cashiered , but
recommended him to merciful consideration as it was probable
he had acted under the influence of unrestrainable excitement.
After various references from the General Commanding to the
Court- Martial , and vice versa, Lieutenant Macdonald's sentence
was commuted to severe reprimand and reduction to the bottom
Captain of the list of Lieutenants of his Regiment. For delivering the
Jeffery
reprimanded . message to Major Caine, Captain Jeffery of the 98th Regiment
Major- was afterwards severely reprimanded by the General . In his
General
D'Aguilar's minute upon the subject, Major- General D'Aguilar concludes
minute," as follows :-
and on
duelling . " The Major-General abhors duelling ; but while he can make every allow-
ance for that high feeling which renders it worse than death to a British
officer to submit to an unprovoked insult without reasonable explanation and
redress, he is equally determined to visit with the severest penalties any one
under his command who is urged to wanton violence only by vicious propen-
sities or bad passions . And in doing this, he will feel that the second to
such a man, who has no sudden impulses to plead of excited anger or irritated
feeling, is infinitely the most to blame.........
Rule of It was, no doubt, in consequence of Lieutenant Macdonald's
Court
providing case that the Supreme Court passed the Rule of Court of the
for service
of process 1st March, providing for the service and execution of process
on military upon military officers by other than a soldier, but which rule,
officers by however, was amongst those disallowed by the Home Govern-
other than a
soldier , ment in March, 1847 .
disallowed.
Lieutenant It was now announced that Lieutenant Pedder, the Harbour
Pedder,
Harbour- Master and Marine Magistrate, an officer appointed so far back
Master and
Marine as July, 1841 , and who had shown much devotion to duty,
Magistrate , would be proceeding home on leave of absence. He accordingly
takes leave. took his departure on the 8th March, 1845 , by H. C. Proserpine,
Changes in
consequence. his duties being shared respectively by Mr. S. Fearon , the
Mr. S.
Fearon. Registrar-General, as Marine Magistrate, and Mr. A. Lena, the
Mr. A. Lena. Assistant Harbour - Master, an Italian gentleman who had pre-
viously been in the English merchant service, as acting Harbour
Master.
Levée by the At a levée held by the Queen on the 12th March, the
Queen. Dis- officials who had distinguished themselves in China and else-
tinguished
officials
China from where had the honour of being presented to Her Majesty, Sir
presented. Wm . Parker and Sir Henry Pottinger being amongst the num-
ber, the latter being presented by the Earl of Aberdeen on his
return from China. At this levée, Mr. Burgass, formerly
PIRACY AND FLOGGING . 79
Legal Adviser to the local Government, also had the honour of Chap. III & II.
being presented by Sir Henry Pottinger. 1845.
According to a general wish that the more important places Chuck-chu '
about Hongkong should be known by some appropriate English and Shuck-
pai-wan '
name, it was now decided that Chuck-chu, where Mr. Hillier called
was appointed Assistant Magistrate in May, 1844 , should be 6 Aberdeen
Stanley ' and
.'
known by the name of Stanley, and Shuckpai- wan be named
Aberdeen. Those places are both important and situated in a
populous locality to the south- east and south-west of Victoria,
and at a meeting of Council held on the 13th March, the
Governor intimated the names by which the places in question
would in future be known, and by which they are still known.
An important capture of pirates was effected at Kowloon on Capture of
the 20th March, 1845 , by Mr. Lena, the acting Harbour - Master. pirates by
Mr. Lena.
It would appear that the Kowloon mandarins were aware of
their presence and accordingly communicated with the local
authorities, who, with the assistance of the mandarins , captured
several boats with eighteen men . The whole party were secured
while asleep in their boats. They were armed with spears,
guns , fire-pots, and other missiles used by pirates when on
expeditions. On the return of the party to Hongkong, another
piratical boat was captured between Green Island and Hong-
kong, the men forming the crews of large piratical junks then in
the offing and who evidently had been awaiting their opportu-
nity. Needless to say that Mr. Lena came in for his meed of
praise in regard to this capture.
A serious disturbance, attributed , to ill -feeling entertained Serious attack
against the Chinese Police stationed at the west end of Victoria upon
PoliceChinese
at
by their brethren, took place on the 25th March, 1845 , which west Point.
necessitated the despatching of a large body of Police, under the
Superintendent, to arrest the rioters . The riot had assumed such shops and
a serious appearance that the shops and houses in the neighbour- houses closed,
hood had to be closed . Thirteen of the rioters were afterwards
brought before the Chief Magistrate and sentenced to various
terms of imprisonment as well as to flogging, the latter of which
punishment had now become of frequent application in the
Police Court. In the early days of the Colony, before the Flogging of
establishment ofregular Courts ofJustice, and while the island was prisoners .
infested with robbers, it may have been necessary to make some
severe examples, and the Magistrates in passing the sentences
were undoubtedly resorting to an almost unavoidable punish-
ment ; now, however, the opinion was gradually gaining Public
ground that there was no occasion for such repeatedly severe opinion.
sentences of flogging as were being passed, and which were
considered injurious to the community as being cruel and unjust
towards the Chinese, and as having a tendency to strengthen
80 HISTORY OF THE LAWS , ETC. , OF HONGKONG .
Chap. III § II. those feelings of dislike which had been engendered in the native
1845. mind.
Prostitutes, Serious charges against the Police were formulated in March
and charges with reference to certain contributions which, it was said, they
of extortion
against levied from prostitutes, and the Chief Magistrate was now dili-
Police.
gently inquiring into the truth of these. An attempt had been
made by the Government, in April, 1844, to rid the Colony
The Lock
of these women , but they eventually found their way back. Ă
Hospital and
the Chief system of police surveillance was then matured, and a lock
Magistrate. hospital , supported by voluntary contributions from the women
and governed by officers appointed by themselves , immediately
brought into operation. It would appear that the accounts of
this hospital had been submitted to and inspected by the Chief
Magistrate, and this voluntary work of his, done evidently
with a praiseworthy object, now induced some evil - disposed
person to incriminate him with the Police, it being reported that
the latter had acted under his orders and that the moneys appro-
Major Caine priated by him. Naturally indignant at such a suggestion ,
slandered.
Major Caine deemed it imperative that the origin of the rumour
should be traced to its very source, and eventually, through his
friends , he discovered that the gross calumny had been uttered
Mr. Shortrade, by Mr. Shortrede, the editor of a local paper, called the China
editor
China of the Mail.
Mail. Affidavits contradictory of and in support of the state-
ment soon appeared in rapid succession ; but , be is said to
his credit, Major Caine seems to have treated the matter with
the contempt it deserved, for nothing seems to have come of it,
nothing being discoverable in the records, except profuse
Apology to apologies and denials on the part of the editor as to the dis-
Major Caine. honourable conduct imputed to him, and the refusal on the part
of Major Caine, after such a misconception of facts as is mentioned
above, to take any further trouble with regard to the institution
under consideration . As will be seen hereafter, the matter of
these ' contributions ' came up before the Select Committee of
the House of Commons , in March , 1847. *
Constitution The constitution of the Legislative Council, which had formerly
of
Council again been unfavourably commented upon, again formed the topic
Legislative
discussed. ofdiscussion and complaint . It was not considered possible that
with the advance which Hongkong had made, even at this early
period , the Legislative Council would continue long composed
as it was. Though a popular elective Legislature was out of the
question, an assembly having some control over the Executive was
considered necessary. A Home correspondent of a local paper,
contrasting the Legislative Council of South Australia with
that of Hongkong, said that the one here was a misnomer-" an
absurdity " as it was composed entirely of officials . It was not
* See Chap. VI., infrà.
SATISFACTORY WORKING OF THE SUPREME COURT. 81
legislative. The Governor determined upon certain measures Chap. III § II.
and an Ordinance was drawn up ; it was then published and 1845.
became law. There was no vote upon the subject, no discus .
sion ; the members of the Council were only privileged to give
an opinion, and they could offer no opposition. The writer,
who apparently was somebody who knew what he was writing
about, ended by saying that " such a Council may suit the
As When
Pacha of Egypt, but in a British Colony it was shameful. " *
unofficial
will be seen hereafter, it was only in June, 1850 , that unofficial member s
members were first admitted into the Legislative Council. The first admitted
Supreme Court, which had been opened since October of the Legislative to the
previous year, had given great satisfaction , and the Chief Justice Council.
The Supreme
at a recent Criminal Sessions was reported as looking tired . He court and
the Chief
laboured under great disadvantages and had no other Judge to Justice.
consult with upon difficult points of law, or who could relieve
him occasionally of some of his work, for his duties were by no
means light. Under the Supreme Court Ordinance, No. 15 of Ordinance
No. 15 of
1844, sections 25 and 27 , he held four distinct terms of Court 1844,
ss.
annually for the despatch of the civil and criminal business, 25 , 27.
and also held occasionally a small debt Court for the despatch
of business on the summary side of the Court. The latter
Court was considered a cheap and equitable tribunal , and petty
cases were said to be settled " at once and for a mere trifle."
The " Summary Jurisdiction " side of the Court was further
improved upon in August , by the passing of Ordinance No. 9 Ordinance
No. 9 of
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Private notes are available after approval.