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From: 08 on 16 Jan 2008 00:57
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From: 08 on 21 Jan 2008 20:40
perhaps as to guardianship,
but I am unable to say there is anything illegal in the matter
beyond that. I do not think it a criminal offence if it goes no
further than the adoption of a child and the payment of money to
its parents for the privilege.'"

Later, when His Excellency was calling the attention of Acting
Attorney General Russell to a somewhat similar case, he states, in
reference to this above-described case:

"Mr. Phillipo, before whom the papers were laid, did not seem
disposed to enforce the rights of the father, on the ground that
he had sold the child. I did not agree with Mr. Phillipo's view of
the law."




CHAPTER 8.

JUSTICE FROM THE SUPREME BENCH.


On October 6th, 1879, Sir John Smale, the Hon. Chief Justice for Hong
Kong, passed judgment in three cases on prisoners convicted of various
degrees of crime connected with the enticing, detaining, buying and
selling of children. Governor Hennessy, in reporting the remarks made
by th


From: 08 on 21 Jan 2008 23:52
increase. It is in this port,
and in this Colony especially, that the so-called Chinese custom
prevails. Under the English flag, slavery, it has been said, does
not, cannot ever be. Under that flag it does exist in this Colony,
and is, I believe, at this moment more openly practiced than at
any former period of its history. Cyprus has been under our rule
for about a year, and already, both in the House of Commons and in
the House of Lords, questions have been asked, and the Members
of the present Ministry have assured the country that slavery in
every form shall be speedily put down there. Humanity is of no
party, and personal liberty is held to be the right of every human
being under English law, by, I believe, every man of note in
England. My recent pleasant personal experience in England assures
me of that. But here in Hong Kong, I believe that domestic slavery
exists in fact to a great extent. Whatever the law of China may
be, the law of England must prevail here. If Chinamen are willing
to submit to the law, they may remain, but on condition of obeying
the law, whether it accords with their notions of right or wrong
or not; and, if remaining they act contrary to the law, they must
take the consequences.... I shall deal with these people when I
shall have more fully considered the case."

During the proceedings of the trial of these two prisoners, the
Attorney General had declared his intention not to call the former
owners of the child, Wai Alan, the woman who beat the child, or Pao
Chee Wan, her husband. The Chief Justice now said:

"I now direct you, Mr. Attorney General, to prosecute these two
people, Pao Chee Wan and Wai Alan." Attorney General:--"My Lord,
I intimated before that this matter was under consideration; I do
not think I


From: 08 on 23 Jan 2008 18:26
down the system. It may be
that slavery as it exists in the houses of the better classes
in Hong Kong is mild, and that custom among the better classes
renders servitude to them a boon as long as it lasts. It is, I
believe, an admitted duty that when the young girl grows up and
becomes marriageable she is married; but then it is the custom
that the husband buys her, and her master receives the price
always paid for a wife, whilst he has received the girl's services
for simple maintenance; so that, according to the marriageable
excess in the price of the bride over the price he paid for the
girl, he is a gainer, and the purchase of the child produces a
good return. But the picture has another aspect. What, if the
master is brutal, or the mistress jealous, becomes of the poor
girl? Certain recent cases show that she is sold to become a
prostitute here or at Singapore or in California, a fate often
worse than death to the girl, at a highly remunerative price to
the brute, the master. It seems to me that all slavery, domestic,
agrarian, or for immoral purposes, comes within one and the same
category."

Every word uttered on this occasion by Sir John Smale, Chief Justice,
has value, but it is impossible for us to quote it all. Referring to
the purchase


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