Sun, Jul 10, 2005 - Page 18 News List

Legal paper trail leads to insights about Britain's Hong Kong

Magistrates' cases provide a rich source of material for social historians and these are mined in `A Magistrate's Court in Nineteenth Century Hong Kong'

By Bradley Winterton  /  CONTRIBUTING REPORTER

A Magistrate's Court in Nineteenth Century Hong Kong
Edited by Gillian Bickley
531 pages
Proverse

The fundamental problem with writing local history for any period in the last 200 years is the over-abundance of materials. A Magistrate's Court in Nineteenth Century Hong Kong, for example, aims to reveal details of Hong Kong's social history in the 1880s, and what it mostly relies on are reports on court proceedings published in the English-language China Mail. But from this source alone there are masses of such items. How, then, to select and highlight, because if one thing is certain it's that no modern reader, and few historians, want to know the details of every larceny, abduction or smuggling incident 130 years ago in the UK's fast-expanding colony on the South China coast.

Gillian Bickley is the biographer of Frederick Stewart (1836 to 1889), the Scotsman who eventually came to head the Hong Kong civil service, and so what she has done here is focus on the cases Stewart heard in his capacity as magistrate in the eight months from July 26, 1881, to March 29, 1882. Presumably Bickley had these reports in her files for her biography of Stewart and thought that it would be a good idea to make fuller use of them than she had previously had space to do. The material seemed perhaps rather repetitive for an entire book, so she has fleshed it out with contributions from modern Hong Kong figures on such things as the law then and now, newspaper reporting in Hong Kong in general, and so on.

The book has an interesting contribution from Timothy Hamlett on English journalism in Hong Kong at the time. He points out that magistrates'cases provide a rich source of material for social historians, one that in Hong Kong's case is still largely waiting to be mined. He also looks at the practicalities of court reporting in the period -- the expatriate journalist preparing his reports in longhand in the morning, his text being set up in print by local non-English-speakers in the early afternoon, and the finished newspaper probably being delivered to its readers' offices before they went home from work. The paper's circulation was around 700, so its readership (by the standard optimistic computation) some 3,000. Hamlett states that these readers would have comprised "the local British, other Europeans, Portuguese from Macau, Parsees, Indians and the most prosperous and Westernised of the Chinese."

A range of crimes

As for the cases themselves, they occupy some two-thirds of the book. Around 120 are considered, from a total of over 700, separated into categories such as the military, prostitutes, children and students, and seamen on leave. They deal with incidents ranging from the abduction and sale of young girls for prostitution (something that still happens elsewhere in Asia) to the snatching on the street of women's ear-rings.

Stewart's stint as a magistrate (the lowest justice in the British judicial system) took place during the time when the governor of Hong Kong was John Pope Hennessy, a man widely resented by the British expatriates on account of his reformist views. It was under him that the branding and public flogging of convicts was abolished, though flogging was quickly reintroduced, albeit in the relative privacy of prisons, and continued to be used until the 1990s. Against this background, Stewart can be seen as a liberal idealist, quietly putting into practice humane principles that Pope Hennessy had such trouble with on the wider stage.

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