Kimberley Lord Kimberley*s Defence of the Government Brothel System at Hong Kong r THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES LORD KIMBERLEY'S DEFENCE OF THE GOVERNMENT BROTHEL SYSTEM AT HONG KONG. "CORRESPONDENCE RELATING TO THE CONTAGIOUS DISEASES ORDINANCES IN HONG KONG." {PRESENTED TO BOTH HOUSES OF PARLIAMENT IN AUGUST, 1881.) WITH AN INTRODUCTION BY THE RT. HON. JAMES STANSFELD, M.P. Published by the NATIONAL ASSOCIATION FOR TEE REPEAL OF THE CONTAGIOUS DISEASES ACTS, 2, Wkstminster Chambers, London, S.W. 'To he had of the Secretary, price Sixpence, j^ost-free. 1882. London : Printed by PEWTRESS & Co., Steam Printing Works, 15, Great Qceen Steet, Lincoln's Inn Fields, W.C. Ha 1-X5- INTRODUCTION TO THE READER. I INVITE a very careful perusal of the following pages, for the general accuracy of whose contents I am willing to hold myself responsible. In my opinion the correspondence must be held to modify the rightful attitude and duty of "Repealers" who are " Liberals " towards Her Majesty's Government. Thev_Jia ve nothing to hope from a ny Governmen t of whose views Lord Kimberley's l etter of July 26, 1881, is a deliberate exposition, put forward whilst a Committee of the House is still inquiring into the principles and operation of the English Contagious Di seases, Acts. - I shall take the earliest practicable opportunity of challenging this declara tion of policy and principle in the House of Commons. J. STANSFELD. Stoke Lodge, Hyde Park Gate, London, S.W., Jan, 18, 1882. jO': LOED KBIBEELEY'S DEFENCE OF THE GOYEENMENT BEOTHEL SYSTEM AT HONG KONG. ^'COEEESPONDENCE EELATING TO THE CONTAGIOUS DISEASES OEDINANCES IN HONG KONG." (Presented to both Houses of Tarliament in August, 1881. J Ix the course of the Session of 1830, the Right Hon. J. Stansfeld,. M.P., asked for the production of this Correspondence and was answered that it should be " presented by command " when concluded. It has now been presented and it concludes with the letter of Jjfyrd Ivimberley to^the-iiQi'£riijQt_iiLJLmgJv^ Sir J. Pope He nnessey, of June 26th, 1881, which is reprinted in the following pages. In the year 1877 Sir J. Pope Hennessey appointed a Commission of Inquiry into the working of the Contagious Diseases Ordinances in Hong Kong. Mr. Stansfeld asked for copies of their report and of the evidence taken before them. Sir Michael Hicks Beach consented to place on the table the report, but not the evidence. It so happened, however, that both the evidence and the report had been forwarded to Mr. Stansfeld by the Governor of Hong Kong,* and Mr, Stansfeld placed both in the hands of the National Association for the repeal of the Contagious Diseases Acts, who published a summary of the information therein contained in the columns of their organ, The Shield, which summary was subsequently reprinted for distribution in pamphlet form. Briefly stated, the circumstances which induced the Governor of HongKongto appoint the Commission of Inquiry, wore as follows : — An inquest was held, Oct. 17, 1877, at the Goverment Civil Hospital, * For ■which Act the Governor wassoveroly taken to task by tlic Home Government. See Appendix (A.) 2 IIoiij^ Koug, upon tho bodies of two Cbiuoso women, who were killed by fiillinp from tlie roof of a liouso, whither they had fled in the httouipt to oscftpo from the police, who had broken into the house on tho ground that it was an " unlicensed " brothel. The coroner's jury, having corlilied tho cause of the death of the women, appended to their verdict a recommendation " tha t the whole s jstem of Q httiining convictions against j inlicensed brothels be tboroaghly re vised, as the present pra ctice_iSjja their opinion , both illegal and immoral," The first letter in this important Correspondence is from the Governor of Hong Kong, Sir J. Pope Hennessey, to Lord Carnarvon (Nov. 1, 1877), forwarding the local papers containing a full report of the inquest on the two Chinese women, and calling attention to the recommendation of the coroner's jury. Sir J. P. Henness ey adds, " I have taken the responsibility of putting a stop to ajractice which has existed in this Colony since Sep tember. 18 68,''' when Sir Ilichar d Mac Donnell san ctioned j /<£, ap])ropnatiu7i of Govermmnt money for the parj of informers who miijht induce Chinese uwnen t o jjrt?g(t'fit/g themselves and thus brinij them under the penal clauses of the Contar/ious Diseases Ordina7ice\. . . I had no idea that the Secret Service Fund w-as used for this loathsome purpose until my attention was drawn to an inquest on the bodies of two Chinese women who were killed by falling from a house in which one of the informers employed by the Registrar-General was pursuing his avocations." It may, at first sight, app ear incredible that any Gov ernment should syste m a t ica ll y employLiHie_clais_of^ the community to bribe another class to commit prosti tution in order that they might incur punishment at the han ds of the State, but full details of the * There is, apparently, some error here as to date. The Commissioners state in their Report (page 10) : "In this year (1860) the services of informers were first resorted to," and they quote instances in which an inspector and various police constables acted in that capacity in plain clothes. It would seem that the practice was illegally carried on until it was sanctioned by Sir B. MacDonnell in 1868 after the passing of Ordinance 10 of 1867. t The Italics, throughout this pamphlet, are our own. purpose of the Government in so acting and of the results of their action will be found in the official Report of the Commission nominated by the Governor of Hong Kong to inquire into the subject and the evidence thereunto appended. (House of Commons' paper, No. 118, in 1880.) From that evidence it appears that until the date of Governor Hennessey's letter to Lord Carnarvon, quoted above, the Registrar- General of Hong Kong had been in the habit of employing " Ejirope^nSj^olJiers».5ailQrSj English members of the spy-police, employes of the Naval Yard, inferior employes of the Registrar GeneraPs Department, and the lowest class of Chinamen " to bribe Chinese women to comroitprostitution in their own dwelling house or_^ropm. These informers were provided with money* for the purpose, in the form of dollar notes which were previously marked by the inspectors of the spy-police, in order that the subsequent^ finding of those notes in the accused woman's possession, or in her apartment, might be used as evidence in support of the informer's assertion that he had ace omplished the task set before him by the representatives of the Government, and thus enable the Inspectors to arrest her.f . The Report of the Hong Kong Commission, the evidence brought before that Commission and the official correspondence now before us, between the Governor of Hong Kong and the Home Government, clear up all that might have remained obscure as to the motives which could induce the representatives of the English Government to bribe Chinese women to commit prostitution for the sole apparent aim of punishing them for so doing. The purpose of the Officials isjwo.^iflld.: In the first place we learn from these documents that the Government has assumed to itself the sole right to trade in * The Chief Insp ector of Brothels, Whitehead, in his evidence said : " My instractions were to use European informers if possible," and it appears from the evidence before the Commission that the informers got from 5 dels, to 10 dels, and 20 dels. t It is well to note here that the Registrar General whose employees perform these services, is also the Judge in the first instance before whom the arrested persons are taken, appeals being made practically impossible. (See Appendix D, Ordinance 10 of 1867). prostitation in Hong K )ng ami is 6,)lo Tiicensor of brothels in that Colony* It derives n co nsiderable ineom e both from the fees received from "licousod" brothels and from the fines levied upon those who carry on the trade of prostitution^ without pur- chasing a permit. The Registrar General, whose business it is to license brothels and to collect the revenue derived from prostitution, consequently regards all females who commit prostitution without paying duty to the Government, precisely as the officials who collect other branches of the revenue regard all persons, male or female, who carry on any other trade by contraband. And the Government has reserved to itself the right to levy a duty on the bodies of women in^ Hong Kong, precisely as it has reserved to itself the right to levy duties upon brand)', tobacco and other profitable articles of consumption ; and heavy fines are therefore levied upon those who attempt to defraud the revenue in this branch of commerce. In the second place, the arrest of the women enabled the ofiicialg to store those whose bodies were to be otfered for sale, in the Government warehouses — the lawful, licensed brothels — and thereby to secure that the articles offered by them to the public should be periodically inspected and medicated by the surgeons hired by the Government for that purpose ; it being held to be obvious that every male person whose custom it was to commit prostitution, would prefer that the bodies of the females pur- chased by him should be cleansed, licensed and warranted by the State, rather than by a private dealeii. It is to be observed that although all brothels in Hong Kong, whether for the use of the Chinese community or of Eur opeans ^ have to be licensed and to pay license duties, the " sanitary clauses " of the Ordinances have been only applied to the brothels used by Europeans, on the ground of the insuperable objection of the Chinese themselves to the system ; for we learn, from the correspondence now published, that the po_pnlation ofHon g Kong _didjiQt_ b y any means^ accept the poi nt of view of the Government in respe ct of the official provisionofcleansed, medicatedTand licensed^ prostituJtes. Governor Hennessey writes to Lord Carnarvon (November 1, 1877) that " the European community are ashamed of the revelations that have been made at the inquest, and amongst the Chinese the practice that has been brought to light is viewed ■with abhorrence." The Governor also says: — "For many- years past this branch of the Registrar General's office has led to grave abuses. It^ has been a fruitful source of extortion,., and, what is far worse, a department of the State, which is supposed to be constituted for the protectipn* .ofthe Chinese, .,has,.been employing a dangerously loose system, whereby the sanctity of native households may be seriously compromised." It appeared from the evidence given by the police inspectors at the inquest on the Chinese women, that besides the monies entrusted to them " to induce Chinese women to commit prostitution," the_ informers were well rewarded for their real or professed success in so doing, and tha,t all their " expenses " (wine, suppers, &c., &c,) were paid by the Government. "We were told," said Inspector Lee to the coroner's jury, "to engage men even at five dollars each. We made out the bills, the Registrar General signed them, and they were sent to the Captain Superintendent of Police and paid out of the Secret Service Fund." On April 4, 1878, Sir Harcourt Johnstone asked the Secretary of State for the Colonies "If he would cause special investigation to be made as to the manner in which the revenue derived from licensing houses of ill-fame was raised and expended for the service of the Colony." Sir Michael Hicks Beach wrote to Governor Hennessey on April 13, enclosing a copy of the above question and saying, "It has been alleged that the balance of the fund now in hand amounts to 50,000 dols.," and desiring him to obtain information on the subject and report the result to him. The Governor replied by despatch, " the licenses for prostitutes, Ac, bring in a nett profit of about 50,000 dols." * The Governor here alludes to the fact that (as stated by Mr. H. T. Ball, then Acting Attorney General in Hong Kong, in his report on the Contagions Diseases Ordinance of 1867) " by Sec. 4, of Ordinance 8 of 1858, the Registrar General is, by virtue of his office the Protector of the Chinese Inbabiiants of this Colony." The reader will bo enabled ,by-±h£aa _pages to jud^^o the nature and amount of 'iiroteclion afforded by him to the female inhabitants of the Colony. " ~ ' /^ 6 This dcppatch was followed by a letter (July 1, 1878) in which Ibe Governor explained that " the section of the Contagious Diseases Ordinance, No. 10, of 18()7, by which Imitlnl licoisrs aud flues (nul jWs iromprnstittitrs wore to form a separate fund for tbopurposos of the Ordinance was not complied with, but such monies were treated as part of the regular revenue and used for the general purposes of Ciovornmont." The meaning of this appears to bo that it had not at first been supposed that the sum realised from " brothel licenses, and fines and foes from prostitutes " would do more than recoup the Government for^ the expenses incurred by them iq their efforts to provide the I'luropean inhabitants of Hong Kong with healthy Chinese prostitutes, but that on the discovery that the amount of " nett profits " resulting from the trade in the bodies of Chinese women was so large, the Government took to itself the reward of its solicitude for the satisfaction of the sexual appetites of its male subjects/'' The correspondence now before ns reveals the deep sympathy felt by English officials at home for the desires of their countrymen abroad in this matter of prostitution, and their unceasing anxiety to surround men who indulge in debauchery with every possible protection, facilitation, comfort and convenience in their power. On June 20, 1879, Sir Michael Hicks Beach forwarded a copy of the Report of the Hong Kong Commission to the Admiralty (June 20, 1879), calling their Lordships attention to the " system of employing paid informers to discover prostitutes • In illnstration of this solicitade on the part of the Government we may mention that, on the 6th November, 1866, Lord Carnavon wro te to Sir E. MacDonnell, then Governor of Hong Kong, forwarding a copy of the Contagious Diseases Act of that year, saying : " I desire to impress npon yba that Her Majesty's Government regard this question as one of great importance, and I wish you take the earliest opportunity of bringing the Bubject ander the consideration of your Legislature with a vieio to the enactment of a lawfouruled on the principle of the Imperial Act. The matter 18 one which concerns the well-being of those places in which Her Majesty's troops are quartered, scarcely less than the well-being of the troops them- selves, and I am sure that I may calculate on the co-operation of your Government and Legislature in giving effect to the desires of Her Majesty's Oorernment." — Document 23, Appendix to Report of the Hong Kong Commission, p. 218. in unlicensed houses, the medical examination of women who have been found not to be prostitutes," the seizing of money in unlicensed houses, and the illegal practice by which the inspectors have arrested women instead of merely issuing summonses to the inmates of such houses." These things Sir Michael Hicks Beach stigmatized as " abuses which should be remedied," but, neverthe- less, he required " to be acquainted with their Lordships views" as to these illegal practices against the female inhabitants of a Colony in the government of which he represented the British nation, before taking any steps to put a stop to those abuses, because they " might have a very important bearing on the sanitary condition of Her Majesty's military and naval forces stationed at or visiting Hong Kong." Their Lordships, in reply (Aug. 5, 1879), " declined to criticize the Ordinances of the Contagious Diseases Act in Hong Kong," but added: "They trust that the Act will be maintained in that Colony where it has proved of so much benefit to her Majesty's Navy." Sir Michael Hicks Beach then requested their Lordships (August 18, 1879) to reconsider their decision not to offer an opinion on the subject, and " to favour him with a Keport on the several recommendations of the Colonial Commission from the officer who advises the Board of Admiralty on these matters." Their Lordships consequently forwarded to the Colonial Office (Nov. 13, 1879) a copy of a letter from Mr. W. H. Sloggett, inspector of the hospitals instituted by the Contagious Diseases Acts in England for the inspection and medication of female prostitutes, and of his remarks upon the Report of the Hong Kong Commission. Reference to the " conclusions and suggestions " of the Report of the Hong Kong Commissioners! will suffice to show that the subject was felt by them to involve points of constitutional law, and they state in the body of their Report, that " the Brothel laws, having been founded on a system of coercion by means of * The Commissioners give many instances in their Report in which women and girls were ai-rested as prostitutes, sent to hospital, and compelled to undergo the infamous ordeal of inspection bj the Government surgeon, and found to be virgins. f Sec Appendix B. 8 fine and iiuprisoumont, their history, iu ouo of its most important ivisious has been written iu Judicial llecords." Moreover, they >|uoto in the appendix, the " most weighty objections urged by the Allorney General, Mr., now Sir Julian Pauncefote, to the policy of • .sul'j£cUnro cnnfinoil to tho houses for Cliineso ; ami if tliis bo tho Cftso it nifty not unreasonably bo inferred that tbo closer super- vision over the houses for foreigners had had Bomo cll'ect in pro- tecting their inmates. " On tho wliolo, I feel obliged to state as tho result of a careful examination of tho report testing it by the evidence in the Appendix and in tho records of this Department/' that its treatment of questions both of fact and of principle is inconclusive, and I find myself therefore placed in a position of some embarrassment, since, in the despatch t transmitting it, you merely express your entire concurrence in its conclusions, accompanying it with no explanations on your own part, and with no opinion as to the manner in which the machinery of the Ordinance should be revised, such revision having been the prime object of appointing the Commission. " In the absence of this assistance, I must proceed to deal with the various questions to the best of my power. " Three points suggest themselves as necessary to be dealt with : — " ; tiiereof. A copy of the (inzittc containing sucii Notification shall be conclusi\e evidence of such Declaration, and of the fact tliat such House or part of a House is an Unlicensed Brothel subject nevertheless to appeal as hereinafter provided. XXIV. Appeal from such Declaration to yudf^c of Court of Suiiiniarr yiirisilietioii. — Any person aggrieved or affected by any such Declaration may within Ten Days from the date of the Notification thereof in the Giizetti-, or at any time by leave of the Judge of the Court of Summary Jurisdiction appeal from the Decision of the Registrar General to the said Judge and the Registrar General shall, upon notice of such appeal forth- with transmit to the said Judge the notes of the Evidence taken by him during such Investigation and upon which such Declaration shall have been made, and for the purpose of such appeal shall take and transmit in manner aforesaid such further evidence as the said Judge shall direct and the said Minutes and further evidence if any shall be laid before the said Judge who may confirm the said Declaration or may order in writing the same to be cancelled. XXV. Who shall be deemed Keeper of an Unlicensed Brothel. — Any Person who shall appear, act, or behave himself as the Person having the Care or Management of any Unlicensed Brothel shall be deemed and taken to be the Keeper thereof and shall be liable to be punished as such notwithstanding he may not in fact be the Keeper thereof. XXVI. Penalty on Women residing in or frcqncnting Unlicensed BrotJicls for purposes of Prostitution. — Every Woman who shall reside in, frequent, or he found in an Unlicensed Brothel for the purposes of Prostitution shall upon proof thereof to the satisfaction of the Registrar General be liable to a Fine not exceeding 50 dols. or to Imprisonment for any Term not exceeding Two Months. XXVII. Penalty for kecpins; Unlicensed Brothel. — ^Every Keeper of an Unlicensed Brothel shall be liable for the first Offence to a Fine not exceed- ing 100 dols. or to imprisonment with or \\ ithout Hard Labour for a Term not exceeding Three Months, for the second Offence to a Fine not exceeding 200 dols. or to Imprisonment with or without Hard Labour for a Term not exceeding Six Months, and for a third and any subsequent Offence to a Fine not exceeding 500 dols. or to Imprisonment with or without Hard Labour for a Term not exceeding Twelve Months : Provided always that it shall be lawful for the Registrar General to punish such Offender both by Fine an Imprisonment if he shall think fit. XXVIII. Premises twice declared to be used as an Unlicensed Brothel may be closed up. — Whenever any House or part of a House shall have been twice declared by the Registrar General to be an Unlicensed Brothel it shall be lawful for him by Warrant under his hand to remove all the In- 'mates of such House or part of a House as the case may be and to close up the same and such House or part of a House shall not be re-inhabited unless the Registrar General shall be satisfied that the same will be occu- pied in a proper and legal manner and not as an Unlicensed Brothel, or unless the Governor shall otherwise direct and permit ; and every Person knowingly re-inhabiting any House or part of a House so closed up as afore- said without the Permission of the Governor or of the Registrar General shall be liable to a Fine not exceeding 200 dols. or to Imprisonment with or without Hard Labour for any Term not exceeding Six Months. XXIX. Saving of other Remedies. — Nothing herein contained shall as regards Unlicensed Brothels affect any other remedies applicable by the Laws in force in the Colony for the time being for the Suppression thereof. 59 Outdoor Prostitution. XXX. Woman found in Street, &>€., for purposes of Prostitution liable to Fine and Imprisonment — Every Woman who shall be found in any Street, Road, Matshed, or other Place within One Mile of any District for the purposes of Prostitution shall be liable to a Penalty not exceeding 25 dols. or to be imprisoned for any Term not exceeding Three Months with or without Hard Labour. XXXI. Woman found on board any Junk, &'c., for purposes of Prostitution liable to Fine and Imprisonment. — Every Woman who shall be found on board of any Junk, Boat, Sampan, or Craft of any kind or description within Colonial Waters, for the purposes of Prostitution shall be liable to a Penalty not exceeding 25 dols., or to be imprisoned for any Term not ex- ceeding Three Months with or without Hard Labour. XXXn. Personin charge ofjfunk, &'c. in which Woman found for purposes of Prostitution liable to Fine a)id Imprisonment, and funk, &-c., toforfciture. — Every Person apparently in charge of any Junk, Boat, Sampan, or Craft when any Woman shall be found therein for the purposes of Prostitution shall be liable to the same penalties as in the last preceeding Section mentioned and in addition thereto such Junk, Boat, Sampan or Craft, may on proof of any Woman having been found therein for the purposes aforesaid be forfeited to the Crown. XXXHL Constable authorized to arrest without Warrant Persons found offending and to seize], jfunk, &'c. — It shall be lawful for any Constable belonging to the Police Force to take into Custody without Warrant any Person in any manner offending against the Three last preceding Sections and to seize, detain and take possession of any Junk, Boat, Sampan, or Craft in which any Woman shall be found for the purpose aforesaid. Inspector of Hospitals and Surgeons. XXXIV. Appointment of Inspector of Hospitals and Visiting Surgeons. — An Inspector of Hospitals and Visiting Surgeons shall be appointed whose respective duties shall from time to time be defined by the Governor. Until the Governor shall otherwise direct and during any vacancy the Colonial Surgeon shall be Inspector of Hospitals, Hospitals. XXXV. Power to Governor to provide Hospitals. — The Go\crnor may from time to time provide any Buildings or parts of Buildings as Hospitals for the purposes of this Ordinance and the fact of such Buildings or parts of Buildings being so provided shall be notified in the Gazette. A copy of the Gazette containing any such Notification shall be conclusive evidence thereof. XXXVI. Superintendent of Hospital. — A Superintendent shall be appointed for each. Hospital who shall have the control and management thereof, subject nevertheless to the directions of the Inspector of Hospitals and to any Regulations made and approved under this Ordinance in respect thereof. XXXVII. Power to make Regulations for Hospitals.— The Inspector of Hospitals shall make Regulations for the management and government of every Hospital as far as regards Women authorized by this Ordinance to be detained therein for Medical Treatment or being therein under Medical Treatment for a Contagious Disease such Regulations not being inconsis. tent with the Provisions of this Ordinance and may from time to time alter any such Regulations ; but all such Regulations and all Alterations theieof shall be subject to the approval in writing of the Governor in Council. GO XXXVIII. F.vidiiicc of Rfv:nlat'n>us. — A printed copy of Rtgulations pur- porting to he Regulations of a Hospital so approved such copy heing signed by the Inspector of Hospitals shall he evidence of the Regulations of the Hospital and of the due making and approval thereof for the purposes of this (.)rdinance. XXXIX. Care and tnatiucnt of Women detained in Hospital. — Every Woman detained in a Hospital shall during the period of such detention be carefully provided for and furnished free of expense to her with lodging, clothing and food. XL. Expenses of treatment of Women in Hospitals. — The expenses whicli may be incurred in or about the treatment of any Prostitute detained in a Hospital as specified in the last preceding Section shall be a Debt due to the Crown and payable by the Keeper of the Hrothel or by the Keeper or Person apparently in charge of the House wherein such Person may have been residing. The same in case of non-payment may be sued for and recovered from such Keeper or Person by the Registrar General, or other duly authorized Officer, subject nevertheless to the Provisions in the next Section contained. XLI. Amount to be certified by Visiting Surgeon. — No Keeper of a Licensed Brothel shall be liable to such payment unless the amount thereof shall have been certified under the hand of the Visiting Surgeon to be in accordance with a scale of charges to be from time to time fixed by the Inspector of Hospitals with the approval of the Governor and such Certifi- cate shall be evidence of the due making and approval of such scale of charges for the purposes of this Ordinance, and of all other facts therein certified. XLIL In case of non-payment License to become raid and amount recoverable from Householder. — In case the Keeper of a Licensed Brothel shall refuse or neglect to pay to the Registrar General the amount due to the Crown and payable by him in respect of such expenses as aforesaid within Three Days after the service upon him of a notice in that behalf or within such further period as the Registrar General may allow the License granted to such Keeper in respect of such Brothel shall from the expiration of the said Three Days or such further period as aforesaid be suspended until such payment shall have been made or recovered, and the Provisions of Section XVII. as to the Recovery of Fines shall be applicable to the Recovery of the said amount. Medical Examination. XLIII. Inmates ofLiccnsd Brothels at all times liable to Medical Exami- nation. — Every Inmate of a Licensed Brothel shall be liable at all times to Medical Examination by a Visiting Surgeon in such Brothel or at such Hospital as he shall direct. XLIV. On Information the Registrar General may issue Notice to Common Prostitute. — Where an Information on Oath is laid before the Registrar General by the Superintendent or an Inspector of Police charging to the Effect that the Informant has good cause to believe that a Woman therein named is a common Prostitute, and is resident within a District of Vic- toria or if not being so resident has within Fourteen Days before the laying of the Information been within a District of Victoria or within the Harbour thereof for the purpose of Prostitution the Registrar General may if he thinks fit issue a notice thereof addressed to such Woman which notice the Super- intendent or Inspector of Police shall cause to be served on her. XLV. Power to Registrar General to order periodical Medical Exami- nation. — In either of the following cases namely : — 1st. If the Woman on whom such a notice is served appears herself or 61 by some Person on her behalf at the time and place appointed in the notice or at some other time and place appointed by adjournment. 2nd. If she does not appear and it is shown to the satisfaction of the Registrar General that the notice was served on her a reasonable time before the time appointed for her appearance or that reasonable notice of such adjournment was given to her (as the case may be) ; the Registrar General on Oath being made before him stibstantiating the matter of the Information to his satisfaction may if he think fit order that the Woman be subject to a periodical Medical Examinatian by a Visiting Surgeon for any period not exceeding One Year for the purpose of ascer- taining at the time of each such examination whether she is affected with a Contagious Disease and thereupon she shall be subject to such a periodical Medical Examination and the Order shall be a sufficient warrant for a Visiting Surgeon to conduct such Examination accordingly. The Order shall specify the time and place at which the Woman shall attend for the first examination. The Superintendent of Police shall cause a copy of the Order to be served on the Woman. XLVI. Power to make Regulations as to Medical Exaviinations. — The Governor in Council may from time to time make Regulations respecting the times and places of Medical Examinations under this Ordinance, and generally respecting the arrangements for the conduct of those Examina- tions ; and a copy of all such Regulations from time to time in force shall be sent to the Registrar General, the Inspector of Hospitals, the Visiting- Surgeons, and the Superintendent of Police. XLVII. Visiting Surgeon to prescribe ti lies, &'c. — The Visiting Surgeon having regard to the Regulations aforesaid and to the circumstances of each case shall at the first examination of each Woman examined by him and afterwards from time to time as occasion requires prescribe the times and places at which she is required to attend again for Examination and he shall from time to time give or cause to be given to each such Woman notice of the times and places so prescribed. XLVIII. Voluntary Submission by Woman. — Any Woman may volun- tarily by a submission in writing signed by her in the presence of and attested by the Registrar General subject herself to periodical Medical Examination under this Ordinance for any period not exceeding One Year. Detention in Hospital. XLIX. Certificate of Visiting Surgeon. — If on any Medical Examination under this Ordinance the Woman examined is found to be affected with a Contagious Disease she shall thereupon be liable to be detained in a Hospital subject and according to the Provisons of this Ordinance and a Visiting Surgeon shall sign a Certificate to the Effect that she is aftected with a Contagious Disease naming the Hospital in which she is to be placed. Such Certificate shall be sent to the Registrar General and the Woman shall be detained in such Hospital until discharged therefrom as in the next succeeding Section mentioned or under the Provisions of Section LI. of this Ordinance. L. Detention in Hospital. — Where a Woman certified by a Visiting Surgeon to be affected with a Contagious Disease is placed as aforesaid in a Hospital for Medical Treatment she shall be detained there for the purpose by a Visiting Surgeon unlii dischaged by him by writing under his hand. The Certificate of a Visiting Surgeon shall be sufficient autliority for such Detention. LI. Power to transfer to another Certified Hospital.— Thi: Inspector of Hospitals may if in any case it seems to nim expedient by Order in writing sipned by him direct the Transfer of any Woman detained in a Hospital for Medical Treatment from that Hospital to another named in the Order. Every such Order shall be sent to the Kej^istrar General and shall also be sufficient authority for the Superintendent of Police or an)- Person actin<; under his Order to transfer the Woman to whom it relates from the one Hospital to the other and to place her there for Medical Treatment and she shall be detained there for that purpose by the Visiting Surgeon until discharged by him by writing under his hand. The Order of the Inspector of Hospitals shall be sufficient authority for such Detention. LH. Limitation of Detention. — Provided always that no Woman shall be detained under any one Certificate for a longer time than Three Months unless the Visiting Surgeon certify that her further Detention for Medical Treatment is requisite in which case she may be further detained in the Hospital in which she is at the expiration of the said Period of Three Months by the Visiting Surgeon until discharged by him by writing under his hand. LHI. To-.cer to fip/>ly for discharge — If any W' Oman detained in any Hospital considers herself entitled to be discharged therefrom and the Visiting Surgeon refuses to discharge her such Woman shall on her request be conveyed before the Registrar General and he shall if satisfied upon Medical Examination that she is free from a Contagious Disease discharge her from such Hospital and such Order of Discharge shall have the same Effect as the Discharge of the Visiting Surgeon. Refusal to be Examined, &c. LIV. Penalty for refusal to be examined, &--C. — In the following cases, namely : — (i.) If any Woman who is the Inmate of a Licensed Brothel or who is subjected by Order of the Registrar General under this Ordinance to periodical Medical Examination at any time temporarily absents herself in order to avoid submitting herself to such Examination on any occasion on which she ought so to submit herself or refuses or wilfully neglects to submit herself to such Examination on any such occasion ; (2.) If any Woman authorised by this Ordinance to be detained in a Hospital for Medical Treatment quits the Hospital without being discharged therefrom by the Visiting Surgeon by writing under his hand (the Proof whereof shall lie on the accused) ; (3.) If any Woman authorised by this Ordinance to be detained in a Hospital for Medical Treatment or any Woman being in a Hospital under Medical Treatment for a Contagious Disease refuses or wilfully neglects while in the Hospital to conform to the Regulations thereof made and approved under this Ordinance ; then and in every such case such Woman shall be guilty of an Offence against this Ordinance and on a summary conviction shall be liable to Imprisonment with or without Hard Labour in the case of a first Offence for any term not exceeding One Month, and in a case of a second or any subsequent Offence for any term not exceeding Three Months, and in case of the Offence of quitting the Hospital without being discharged as aforesaid, the Woman may be taken into Custody without Warrant by any Constable. LV. Effect of Order of Imprisonment for absence, ^'C, from Examination. — If any Woman is convicted of and Imprisoned for the Offence of absenting herself or of refusing or neglecting to submit herself to Examination as aforesaid, the Order subjecting her to periodical Medical Examination shall be in force after and notwithstanding her Imprisonment unless a Visiting Surgeon appointed under this Ordinance at the time of her 63 discharge from Imprisonment certifies in writing to the Eftect that she is then free from a Contagious Disease (the Proof of which Certificate shall lie on her) and in that case the Order subjecting her to periodical Medical Examination shall on her Discharge from Imprisonment cease to operate. LVI. Effect of Order of Imprisonment for quitting Hospital, &-c. — If any Woman is convicted of and Imprisoned for the Offence of quitting a Hospital without being discharged or of refusing or neglecting while in a Hospital to conform to the Regulations thereof as aforesaid, the Certificate of the Visiting Surgeon under which she was detained in the Hospital shall con- tinue in force and on the expiration of her term of Imprisonment she shall be sent back from the Prison to that Hospital and shall (notwithstanding anything in this Ordinance) be detained there under that Certificate as if it were given on the day of the expiration of her term of Imprisonment unless a Visiting Surgeon appointed under this Ordinance at the time of her Dis- charge from Imprisonment certifies in writing to the Effect that she is then free from a Contagious Disease (the Proof of which Certificate shall lie on her) and in that case the Certificate under which she was detained and the Order subjecting her to periodical Medical Examination shall on her Dis. charge from Imprisonment cease to operate. LVII. Penalty on Woman dischaged iincured condxuting herself as a Prostitute. — If on any Woman leaving a Hospital a Notice is given to her by the Visiting Surgeon to the Effect that she is still affected with a Con- tagious Disease and she is afterwards in any place for the purpose of Prosti- tution without having previously received from one of the Visiting Surgeons appointed under this Ordinance a Certificate in writing (Proof of which Certificate shall lie on her) to the Effect that she is then free from a Con- tagious Disease she shall be guilty of an Oft'ence against this Ordinance and on summary conviction before the Registrar General shall be liable to be Imprisoned with or without Hard Labour in the case of a first Oft'ence for any term not exceeding One Month, and in the case of a second or any subsequent Offence for any term not exceeding Three Months. Duration of Order. LVIII. Order to operate 7vhcnever from time to time the Woman is -d'ithin the Colony but not for more tlian One Year. — Every Order under this Ordinance subjecting a Woman to periodical Medical Examination shall be in operation and enforceable in manner in this Ordinance provided so long as and when- ever from time to time the Woman to whom it relates is within the Colony but not in any case for a longer Period than One Year and where the Visit- ing Surgeon on the Discharge by him of any Woman from the Hospital certifies that she is free from Contagious Disease (Proof of which Certificate shall lie on her) the Order subjecting her to periodical Medical Examination shall thereupon cease to operate. Relief From Examination. LIX. Application for Relief from Examination.— U any Woman sub- jected to a periodical Medical Examination under this Ordinance (either on her own submission or under the Order of the Registrar General) desiring to be relieved therefrom and not being under detention in a Hospital makes application in writing in that behalf to the Registrar General he shall appoint by notice in writing a time and place for the hearing of the application and shall cause the notice to be delivered to the applicant and a copy of the application and of the notice to be delivered to the Superintendent ot Police. LX. Order for Relief from E.xamination on Disconliiiuance of Proslitulion. — If on the healing of the appHcalion it is shown to the satisfaction of the Registrar General that the applicant has ceased to be a common Prostitute or if the applicant with the approval of the Registrar General enters into a 04 Recognizance with or without Sureties as to the Registrar General seems nicet for her good Behaviour during Three Montlis thereafter the Registrar General shall order that she be relieved from periodical Medical Examination. LXI. rorfciluri of R,co<^iiisaiici- by Rctiini to Prostitution. — Every such Recognizance shall he deemed to be forfeited if at anj' time during the term for whicl) it is entered into the Woman to whom it relates is in any public rhoroujjhf.ire. Street or Place or in any Junk, Boat, Sampan or Craft for the purpose of Prostitution or otherwise conducts herself as a common Prostitute. PENALTIES FOR HARBOURING. LXII. Penalty for pcnititting Diseased Prostitute to resort to any House for Prostitution. — If any Person being the Occupier of any House, Room or Place, or being a Manager or Assistant in the management thereof having reasonable cause to believe any Woman to be a common Prostitute and to be affected with a Contagious Disease induces or suffers her to resort to or be in that House, Room or Place for the purpose of Prostitution he shall be guilty of an Offence against this Ordinance and on summary Conviction thereof before the Registrar General shall be liable to a penalty not exceed- ing too dols. or at the discretion of the Registrar General to be Imprisoned for any Term not exceeding Six Months with or without Hard Labour. Seamen and Boarding Houses for Seamen. LXIII. Keepers of Licensed Boarding Houses for Seamen to furnish Harbour Master ti'ith locekly Lists of the Seamen resident in their Houses, and report their state of Health. Diseased Seamen to be removed to a Hospital. — Every Keeper of a Licensed Boarding House for Seamen shall furnish to the Harbour Master, once in every Week, a List of Seamen then resident in his House, and shall report in such List as to the state of Health of each Seamen so far as he may be able to ascertain the same ; and every Seaman who may be reported or maybe otherwise discovered to be affected with a Contagious Disease, shall be removed by Warrant under the Hand of the Harbour ?tlaster to a Hospital, where he shall be kept until he be, by the Visiting Surgeon thereof, discharged as cured, and shall have obtained from such Visiting Surgeon a Certificate of his having been so discharged which Certificate he shall produce and show to the Harbour Master when required so to do; and the Expenses whicli may be incurred in and about the Maintenance and Treatment of any such Seaman in such Hospital, shall be a Debt due to the Crown, and shall be paid by such Seaman ; or, in case of the Keeper of the Boarding House in which such Seaman shall have resided before his removal to Hospital not having reported, or having made a false Report as to the state of Health of such Seaman, then such Expenses shall be paid by such Boarding House Keeper, in case it shall appear to, and be certified by, the Visiting Surgeon of the , Hospital to which such Seaman may be removed, that the Disease with wliich he may be affected is of such a Nature as that the Keeper of the Boarding House could, with ordinary and reasonable Observation, have ascertained its Existence ; and in all Cases such Expenses shall in case of non-payment be sued for and recovered by the Harbour Master on behalf the Hospital. LXIV. Penalty for offering any Obstruction to removal to Hospital. — If any Seaman affected with a Contagious Disease, and reported so to be by the Keeper of the Boarding House in which such Seaman may be residing, shall refuse or offer any Hindrance or Obstruction to his Removal to a Hospital : or having been removed to a Hospital, shall attempt to leave the same before he shall be properly discharged cured ; or having been discharged cured, shall refuse to produce his Certificate of Discharge when required by the Harbour Master authorized to demand the same ; or being affected with 1 65 a Contagious Disease, shall neglect or refuse to inform the Keeper of the Boarding House in which he may be residing, — then, and in every such case, such Seaman so offending shall be liable to be brought before the Harbour Master and subjected to a Fine not exceeding Twenty-five Dollars, or to Imprisonment with or \\ithout Hard Labor, for any Term not exceeding One Month. LXV. Masters of Ships before shipping Seamen may require them to undergo Medical inspection. — The Master of any Merchant Ship, before shipping any Seaman, may require that such Seaman shall be inspected by the Colonial Surgeon by notice in writing to that effect addressed to the Harbour Master or a visiting Surgeon appointed in pursuance of this Ordi- nance and the Colonial Surgeon or such Visiting Surgeon upon such Inspection is to give a Certificate under his Hand as to the State of Health of such Seaman which Certificate such seaman is to produce and show to the Master of the Ship in which he may be about to serve ; and for every such Certificate there shall be paid the Fee of Fifty Cents, to be paid by the Master or Agent of the Ship in case such Seaman should prove to be in sound Health, and by the Seaman himself or the Boarding House Keeper with whom he shall be residing in case he shall prove to be affected with any Contagious Disease; such Fee to be received by the Harbour Master, and in case of non-payment to be sued for and recovered by him, and paid into the Colonial Treasury for the Purposes of this Ordinance. Expenses of Execution of Ordinance. LXVI. Fines and Fees levied and collected to form a General Fund. — All Fines imposed and levied for Offences against this Ordinance and all Fees and paj'ments collected under the Provisions thereof shall be appropriated to the formation of a General Fund for the purposes of this Ordinance. Appointment of Officers, Bye-Laws, Regulations, &c. LXVII. Potvcr to Governor to appoint all Officers. — The Governor shall from time to time appoint all Officers employed in carrying out the Provisions of this Ordinance and the Duties and Salaries of all such Officers shall be regulated from time to time by the Governor in Council. LXVIII. Power to Governor in Council to make Bye-Laws. — The Governor in Council may from time to time make such Regulations and Bye-Laws as may be deemed necessary for carrying into Effect the Provisions of this Ordinance and tor the control of Licensed Brothels. LXIX. Bye-Laws to take effect Seven Days after Publication in Ga:jetfe. — No such Regulation or Bye-Laws shall take effect until Seven Days after the Publication thereof in the Gazette and a copy of the Gazette containing such Publication shall be conclusive Evidence of such Regulations or Bye- Laws. Procedure. LXX. Place of Proceeding before Registrar General to be fixed by Governor and shall not he in open Court unless by desire of party affected.— The Place in which the Registrar General shall sit in discharge of his duties shall be such place as may from time to time, be appointed for that purpose by the Governor, and the Place in which any Proceeding under this Ordinance before the Registrar General or on appeal shall take place, shall not, unless the Person accused or affected by such Proceedings so desires, be deemed an open Court and unless such Person otherwise- desires the Registrar General, the Magistrates, or the Judge of the Court of Summary Jurisdiction as the case may be, may order that no Person have access to or be or remain in that Place without permission. LXXI. Every offence against this Ordinance a Misdemeanour. — Every Person violating inc Provisions of this Ordinance or of any Rej^ulation or Hyc-Laws made in pursuance tliereof shall he RU'l'yof a Misdemeanour and except where otherwise provided bj' this Ordinance or by any Re€., of Examination.) "THE CONTAGIOUS DISEASES ORDINANCE, 1867." To^.B. of Take Notice, that in pursuance of the above mentioned Ordinance, you are required to attend for Medical Examination as follows : \_Hcre State Times and Places of Examination.'] Dated this Day of 18 (Signed,) E.F., Visiting Surgeon. 69 (H.) (Certificate of Visiting Surgeon.) "THE CONTAGIOUS DISEASES ORDINANCE, 1867." In pursuance of the above mentioned Ordinance, I hereby certify that I have this Day examined A.B. of , and that she is affected with a Contagious Disease within the Meaning of that Ordinance ; and the Hospital in which she is to be placed under the said Ordinance is the Dated this Day of 18 (Signed,) E.F., Visiting Surgeon. (]■) (Order by Inspector of Hospitals for Transfer.) "THE CONTAGIOUS DISEASES ORDINANCE, 1867." By virtue of the Power in this Behalf vested in me by the above mentioned Ordinance, I hereby order that A.B. of , now detained under that Ordinance in the Hospital of for Medical Treatment, be transferred thence to the Hospital of Dated this Day of 18 (Signed,) M.N., Inspector of Hospitals. (K.) (Certificate for Detention beyond Three Months.) "THE CONTAGIOUS DISEASES ORDINANCE, 1867." I, the undersigned, hereby certify that the further Detention for Medical Treatment oi A.B. oi , now an Inmate of this Hospital, is requisite. Dated this Day of 18 , at the Hospital. (Signed,) M.N., Visiting Surgeon. (L) (Discharge from Hospital.) "THE CONTAGIOUS DISEASES ORDINANCE, 1867." In pursuance of the above mentioned Ordinance, I hereby discharge A.B. of , from this Hospital [^udd according to the Fact,] and certify that she is now free from a Contagious Disease. Dated this Day of 18 , at the Hospital. (Signed,) G.H., Visiting Surgeon. 70 (M.) (drt'ificalc on Dischtirf^^i- from Iiiiprisoiinit'iif.) •Tin: CONTAGIOUS DISEASES ORDINANCE, 1867." W'licicns under the above mentioned Ordinance A.B. of was on the Day of convicted of tlie OlTence of and has since been imprisoned for that Offence in and is now discharged from Imprisonment therein: Now in pursuance of the said Ordinance I hereby certify that she is now free from a Contagious Disease. Dated this Day of 18 . (Signed,) R.O., Visiting Surgeon. (N.) (Notice to Woman leaving Hospital.) "THE CONTAGIOUS DISEASES ORDINANCE, 1867." To^.«. As 3^ou are now leaving this Hospital, I hereby, in pursuance of the above mentioned Ordinance, give you Notice that you are still affected with a Contagious Disease. Dated this Day of 18 (Signed,) G.H., Visiting Surgeon. Note. — The above mentioned Ordinance provides as follows : — If on any Woman leaving a Hospital a Notice [_sct out Section of Ordinance.'] (0.) (Certijicate on last foregoing Notice or Copy.) "THE CONTAGIOUS DISEASES ORDINANCE, 1867." In pursuance of the within mentioned Ordinance, I hereby certify that the within named woman is now free from a Contagious Disease. Dated this Day of 18 (Signed,) E.F., Visiting Surgeon. (P.) {Application to be relieved from Examinations.) "THE CONTAGIOUS DISEASES ORDINANCE, 1867." To L.M., Esq., Registrar General. I, A.B. of , being in pursuance of the above mentioned Ordinance, subject to a periodical Medical Examination on my own Submis- sion [_or under your Order, as tlie case may be'], dated the Day of , do hereby apply to be relieved therefrom. Dated this Day of 18 (Signed,) A.B. Witness, G.W 71 (Q-) {Notification in Gazette that a House is declared an Unlicensed Brothel.) "THE CONTAGIOUS DISEASES ORDINANCE, 1S67." It is hereby notified that the House [or part of a House] hereinafter mentioned that is to say [describe the same] was on the Day of 18 , pursuant to Section XXIII. of the above Ordinance, declared by me under my Hand and Seal of Office to be an Unhcensed Brothel. Res^istrar General. (K.) [Certificate of Hospital Charges.) "THE CONTAGIOUS DISEASES ORDINANCE, 1867." In pursuance of the above mentioned Ordinance, I do hereby certify that of Licensed Brothel No. has been an Inmate of Certified Hospital of [ ] from the Day of to the Day of , and that the charges hereto marked A. are in accordance with the scale of charges fixed by me with the approval of His Excellency the Governor pursuant to Section XLI. of the above mentioned Ordinance. Dated this Day of 18 Inspector of Hospitals. 72 APPENDIX (E). MTi. KESWICK'S DISSENT FROM THE KEPORT OF THE HONG KONG COMMISSIONERS. Sir Michael Hicks Beach wrote to Governor Hennessey (on July 9, 1879), requesting an explanation upon this point. At the end of the Report it is stated that " As Mr. Keswick was about to leave for England," (before the examination of witnesses was concladed) " the evidence already taken was fully discussed, and resolutions were drafted by the Chairman upon the conclusions arrived at. These resolutions were discussed xeriatim, and, after being modiiied in certain points, it was agreed tliat they should form as far as possible, the basis of the report ; the examination of witnesses to be continued by the Chairman and Dr. Eitel i-especting points not suffi- ciently cleared up." Sir M. H. Beach adds : . . . " The inference naturally to be drawn from the above is that Mr. Keswick was sub- stantially at one with his fellow Commissioners as to the report. In the spare copies, however, which reached this office on the 5th and 27th of May, I find a note by Mr. Keswick, dated 27th March, ten days subse- quent to the date of your despatch under acknowledgment, expressing his dissent from several ofthe conclusions arrived at by his colleagues." Governor Henessey replied to the above in a letter addressed to Sir M. H. Beach's successor, Lord Kimberley, on June 21, 1880, saying : — "... Unfortunately Mr. Keswick was absent from Hong Kong when the majority of the witnesses, including the medical officers of the colony and the head of the police were examined, and when the records of the department that had administered the brothel laws were under considera- tion. He was in England for some time, and on his return to Hong Kong he was unable to deal with the subject as he was summoned to Japan. . . . It will be seen from Dr. Eitel's report that Mr. Keswick's brother Commissioners are of opinion that Mr. Keswick's note is not consistent with the resolutions to which it is alleged he agreed before his departure for England. . . . For this and other reasons 1 did not think it neces- sary to notice his opinion that ' the very serious abases which were proved ' were inevitable." _ The Report by Dr. Eitel, to which Governor Hennessey alludes, is as follows : — "I have the honour to submit a brief statement of facts which will in itself afford a sufficient explanation of the discrepancy observed between the note appended to the Contagions Diseases Report by Mr. Keswick and the statements made in the Appendix to the Report (732). " On the 8th January, 1878, a paper containing a series of draft resolu- tions intended to form the basis of our Report, was seriatim discussed by the three Commissioners, Mr. Keswick, Mr. Hayllar and myself. Many of these draft resolutions had, in consequence of previous discussion (5th •January, 1879 *) been specially altered to meet the respective ^iews of * Obviously an error in date. This should be, we apprehend, 5th January, 1878 73 the indiviclual members of the Commission, and some had, accordingly, been specially altered to meet Mr. Keswick's personal views. The resolu- tions thus revised icere then signed hy all the members of the Commission, Mr. Keswick adding to his signature words to the effect that the resolu- tions fairly embody his views on the subject. " The Eeport was accordingly drawn up by Mr. Hayllar and myself in strict accordance ivith the spirit and letter of the resolutions agreed upon, and was in type on 1st December, 1878, when a few copies of the Report and Appendix were struck off preparatory to final typographical revision by the Commissioners. Mr. Keswick had returned to Hong Kong, and Mr. Hayllar, with myself, believed and assured his Excellency the Governor that the Report as it stood, barring trifling corrections of typographical errors, would be formally signed by the three members of the Commission with- out any dissentient note." . . . "A copy of the complete first edition of the Report and Appendix was sent to Mr. Keswick early in December, 1878, and Mr. Hayllar also sent him the paper containing the Resolutions agreed to on 8th January, 1878 ; but on 25th December, 1878, a conflagi-ation broke out in Hong Kong which destroyed the type, and as this necessitated setting the Report up afresh from the copies previously struck off, a delay of several months occurred. " By March 1st, 1879, the second edition of the Report, identically the same as the first, was finished. ... I called on Mr. Keswick on March 26th, 1879, but was surprised to find that he declined signing the Report. " On my reminding him that he had in January, 1878, agreed to the Resolutions then drawn up, and that the report tallied exactly with those resolutions, he replied that hk had since then had conversations with NAVAL and iiiLiTAiiY DOCTORS and others, and changed his mind, liemem- bering then that in the case of the Royal Commission Report, a minority of members of the Commission recorded their divergent views in a memorandum appended to the Report, I suggested to Mr. Keswick to do the same. He accordingly sent me next day the paper headed ' Note by Mr. Keswick,' and signed by himself. This is the note which apiaears appended to our Report, and to which I added, on the printed proof, the date ' 27th March, 1879.' " The Report and Appendix, identically the same as the first edition of December, 1878 (with the exception of the divergent note of Mr. Keswick, now added), was accordingly republished on 27th March, 1879. " In December, 1879, when my attention was drawn to the fact that Mr. Keswick's divergence of views, and the existence of a double edition of the Report (December, 1878, and March, 1879), had been noticed else- where, I communicated with Mr. Hayllar, asking him to let mo have the paper containing the resolutions of 8th January, 1878. " Mr. Hayllar then told me that the paper had been sent by him to Mr. Keswick, in December, 1878, and had not been returned iohhn, and ho added that if he had been in the colony whdu Mr. Keswck appended liis note to our report, he woidd have protested against it as acontravention of our agreement of 8th January, 1878. The paper has not been found, xince. (Signed) " E. T. Erricn." 74 APPENDIX. (F). " BROTHEL SLAVERY." Lord Kimberley attempts to found upon an extract from Governor Hennessey's despatch of June 15, 1881, a statement, in the form of a quotation, that the women in Chinese houses are " in great dread of their keepers, and have no courage to seek their freedom," the theory that Imithrl sidi-cnj exists only in the brothels frequented by the Chinese. The attempt is entirely disengenuous, as the reader will be enabled to infer if he will refer to the despatch itself, given in the text. The Governor was writing to prove that brothel slavery was " intensified " by Ordinance 12 of 1857, and that Ordinance 10 of 1867 " by giving larger powers to the Registrar-General, and thereby, indirectly, to the inspectors with whom the practical working of the Ordinance lies, made the con- dition of the unfortunate women sold into slavery irurse than before." Reference to the despatch will show that the " extra- ordinary dread '" entertained by the women conveyed into the Colony is, a dread oi all /(ireii/ner.s ; and that they fear their keepers because those keepers " look upon the inspectors " — the foreigners — " as their proctectors ; " that the " licensing of the brothels gives the keepers a sort of (iffivial authority " (derived from the dreaded foreigners) because the keepers " boast of the protection of the inspectors" and that the "natural consequence" of this interference of the foreigners and of the threat of the horrible examination enforced by the foreigners is, that the women " have no courage to seek their freedom." Equally disengenuous is Lord Kimberley's use of Mr. Cecil C. Smith's assertion that "these instances of virtual slavery exist only in the brothels for Chinese." Mr. C. C. Smith is speaking of the species of slavery which Mr. Labouchere desired to mitigate, the " buying and selling of women for purposes of prostitution," not of the still more grievous moral slavery produced by intensi- fying that evil through the official protection afforded to their purchasers, by the Contagious Diseases Ordinances. Mr, Smith says : (Doc. 75 referring to the working of Ordinance 12 of 1807. Appendix to report, Hong Kong Commissioners, page 254). " Yet while these cases and others havinj^ the wilful commission of an offence for a foundation, give rise to the assertion that a system of virtual slavery exists in the brothels in Hong Kong, they are, in my opinion happily very exceptional, compared with what I understand was brought to light in former years. Buying and selling still takes place, but of the two (or it T5 may be three parties to the transaction), each is a willing participator as a rule, or if she who is most concerned proves unwilling, she either does not care or dare to give the necessary evidence for the law to take effect." From this " buying and selling " the women have been set free by law, and the evidence before the Commission shows that the women who do avail themselves of their right to leave the brothels at their pleasure are precisely the women in the brothels for Chinese. Inspector Whitehead told the Commissioners (answer 345) " women rarely go from foreign to Chinese brothels " and (346) "in the Chinese brothels there is much fluctuation. Every morning there are ' from 20 to 30 changes, sometimes 50 including changes in servants.' " And Mr. C. C. Smith who told the Commissioners (answer 6) that " many of the women contract a debt with the brothel-keepers and then work it oiF," adds : (answer 12) " all the inmdtcH ill the hrothch Inioio thnt theij (ire free, but the national custom is very strong against their leaving them " (the brothels) " in debt." And (answer 10) " the inmates consider their debts to the brothel-keepers to be debts of honour, at least they honestly attempt to pay them off by their earnings." It is precisely this fact that the inmates of the brothels know that they are legally free, that explains Governor Hennessey's asser- tion that the Brothel Ordinances have renderal their mnditioit ivorsc. Those who are dissatisfied are prevented from leaving by the threat of being conveyed by the Inspectors to examination by the dreaded foreign doctors, and if, rightly or wronglj', pronounced diseased, to imprisonment in the Lock hospital. This is the system of terror, by which, although Lord Kimberley chooses to ignore it — the con- dition of the unhappy women is intensified into a real slavery of a most hideous kind. In all other respects every witness, from Mr. Cecil C. Smith downwards, gives evidence to show that the women are far better off in Chinese brothels than in the brothels registered for foreigners. Mr. Smith writes to the Under-Secretary of State for the Colonies, January 18, 18G9 (Appendix Report, p. 253) : — " There can be no doubt that the inmates of tho brothols licensed for Europeans are of the lowest class to be found in the Colony, who liavo in most instances found in such a trade the only hope of gaining a livelihood. Their ranks are with difficulty recruited," &c. And of the brothels for Chinese he says : — " The inmates of a large number of these are of a far better class than can be found in the other houses. In some cases indeed they are not there primarily for the purposes of prostitution, but simply that tlioy may assist in making tlie nuinenMis entertainments given in tho l)ri)tlielH attractive through their musical acconiplisliments. These women are /lot unfro- qnently bought or redeemed out of tlio brothel by rich merchants wlio ultimately take them home as a second and third wif(\ This buying however is, I believe, no more than following out tho priiicii>Io wliicli obtains in China of the future husband paying money to his fatiier or mother-in- 76 liiw ns a dowry wluMi ho takos liis hrido to liis own liouse. It is, nover- thcless, ainoii^j sm-h womoii that it woiihl bo iin|)rat'ticable to introduce a system of medical inspection. Tiiey woidd consider that the iulcrl'erence of tlie foreiiT'ier in such a nuittcr would cause them to lose caste, atid they wouhl declin(> to remain in lionaes subject to fiuc}i supervision. And in this they would bo followed by the less respectable (if 1 may use the term •when speakinj; of these persons) of their number, who, however dej^raded they maybe, still preserve all the prejudices and superstitious feelings of their class. They look upon the Lock Hospital as worse than a prison ..." Inspector Lee also told the Commissioners (Ans. 45G and 457) :— " In the brothels for Chinese the women are of a higher class than in those for Europeans ; (4o7) second-class prostitutes for Chinese are equal to the first-class for Europeans. I arrive at this conclusion from inspection." APPENDIX (G). Mr, Alfred Lister, Registrar General, told the Commissioners, Ans. 114, " On the whole I preferred that an informer if he went to a brothel at all, should be able to state that he had had con- nexion with a woman, as I thought it very unjust that a woman should be condemned simply because she had a dollar in her pos- session." 73 the individual members of tlie Commission, and some had, accordingly, been specially altered to meet Mr. Keswick's personal views. The resolu- tions thus revised icere then signed hy all the members of the Cornmission, Mr. Keswick adding to his signature words to the effect that the resolu- tions fairly embody his views on the subject. " The Report was accordingly drawn up by Mr. Hayllar and myself in strict accordance ivith the spirit and letter of the resolutions agreed iipon, and was in type on 1st December, 1878, when a few copies of the lleport and Appendix were struck off preparatoiy to final typographical revision by the Commissioners. Mr. Keswick had returned to Hong Kong, and Mr. Hayllar, with myself, believed and assured his Excellency the Governor that the Report as it stood, barring trifling corrections of typographical errors, would be formally signed by the three members of the Commission with- out any dissentient note." . . . "A copy of the complete first edition of the Report and Appendix was sent to Mr. Keswick early in December, 1878, and Mr. Hayllar also sent him the paper containing the Resolutions agi-eed to on 8th January, 1878 ; but on 25th December, 1878, a conflagration broke out in Hong Kong which destroyed the type, and as this necessitated setting the Report up afresh from the copies previously struck off, a delay of several months occurred. " Bj' Max'ch 1st, 1879, the second edition of the Report, identically the same as the first, was finished. ... I called on Mr. Keswick on March 26th, 1879, but was surprised to find that he declined signing the Report. " On my reminding him that he had in January, 1878, agreed to the Resolutions then drawn up, and that the report tallied exactly with those resolutions, he replied that he had since then had conversations with NAVAL AND MILITARY DOCTORS and others, and CHANGED HIS MIND. Remem- bering then that in the case of the Roj'al Commission Report, a minority of members of the Commission recorded their divergent views in a meniorandnm appended to the Report, I suggested to Mr. Keswick to do the same. He accordingly sent me next day the paper headed ' Note by Mr. Keswick,' and signed by himself. This is the note which appears appended to our Report, and to which I added, on the printed proof, the date ' 27th March, 1879.' " The Report and Appendix, identically the same as the first edition of December, 1878 (with the exception of the divergent note of Mr. Keswick, now added), was accordingly republished on 27th March, 1879. "In December, 1879, wlien my attention was drawn to the fact that Mr. Keswick's divergence of views, and the existence of a double edition of the Report (December, 1878, and March, 1879), had been noticed else- where, I communicated with Mr. Hayllar, asking him to let mo have the paper containing the resolutions of 8th Januai'y, 1878. "Mr. PJayllar tlien told me tliat the paper had been sent by him to Mr. Keswick, in December, 1878, and laid not heen returned ^)hini, and lie added that if he liad been in the colony when Mr. Keswck appended his note to our report, lie wcnild have protested against it as acontravhntion of our agreement of 8th January, 1878. T/ie paper has not been found since. (Signed) " E. T. Eitel." 74 APPENDIX. (F). ♦'BROTHEL SLAVERY." Lord Kimberley attempts to found upon an extract from Governor Hennessey's despatch of June 15, 1881, a statement, in the form of a quotation, that the women in Chinese houses are " in great dread of their keepers, and have no courage to seek their freedom," the theory that hyuthd shivcnj exists only in the brothels frequented by the Chinese. The attempt is entirely disengenuous, as the reader will be enabled to infer if he will refer to the despatch itself, given in the text. Tbe Governor was writing to prove that brotbel slavery was '' uitensijied" by Ordinance 12 of 1857, and that Ordinance 10 of 1867 " by giving larger powers to the Registrar-General, and thereby, indirectly, to the inspectors with whom the practical working of the Ordinance lies, made the con- dition of the unfortunate women sold into slavery irarse than before." Reference to the despatch will show that the " extra- ordinary dread " entertained by the women conveyed into the Colony is, a dread of all fnrei;/nirs ; and that they fear their keepers because those keepers " look upon the inspectors " — the foreigners — " as their proctectors ; " that the " licensing of the brothels gives the keepers a sort of officidl authority " (derived from the dreaded foreigners) because the keepers " boast of the protection of the inspectors" and that the "natural consequence" of this interference of the foreigners and of the threat of the horrible examination enforced by the foreigners is, that the women " have no courage to seek their freedom." Equally disengenuous is Lord Kimberley's use of Mr. Cecil C. Smith's assertion that "these instances of virtual slavery exist only in the brothels for Chinese." Mr. C. C. Smith is speaking of the species of slavery which Mr. Labouchere desired to mitigate, the " btiying and selling of women for purposes of prostitution," not of the still more grievous moral slavery produced by intensi- fying that evil through the official protection afforded to their purchasers, by the Contagious Diseases Ordinances. Mr. Smith says : (Doc. 75 referring to the working of Ordinance 12 of 1867. Appendix to report, Hong Kong Commissioners, page 254). " Yet while these cases and others having the wilful commission of an offence for a foundation, give rise to the assertion that a system of virtual slavery exists in the brothels in Hong Kong, they are, in my opinion happily very exceptional, compared with what I understand was brought to light in former years. Buying and selling still takes place, but of the two (or it 75 may be thi-ee parties to the transaction) , each is a willing participator as a rule, or if she who is most concerned proves- unwilling, she either does not care or dare to give the necessary evidence for the law to take effect." From this " buying and selling " the women have been set free by law, and the evidence before the Commission shows that the women who do avail themselves of their right to leave the brothels at their pleasure are precisely the women in the brothels for Chinese. Inspector "Whitehead told the Commissioners (answer 345) " women rarely go from foreign to Chinese brothels " and (346) " in the Chinese brothels there is much fluctuation. Every morning there are ' from 20 to 30 changes, sometimes 50 including changes in servants.' " And Mr. C. C. Smith who told the Commissioners (answer 6) that " many of the women contract a debt with the brothel-keepers and then work it ofi"," adds : (answer 12) " (dl the inmates in the brothels know thrit they are free, but the national custom is very strong against their leaving them " (the brothels) " in debt." And (answer 10) " the inmates consider their debts to the brothel-keepers to be debts of honour, at least they honestly attempt to pay them off by their earnings." It is precisely this fact that the inmates of the brothels know that they are legally free, that explains Governor Hennessey's asser- tion that the Brothel Ordinances have rendered their eondition tvorse. Those who are dissatisfied are prevented from leaving by the threat of being conveyed by the Inspectors to examination by the dreaded foreign doctors, and if, rightly or wrongly, pronounced diseased, to imprisonment in the Lock hospital. This is the system of teiTor, by which, although Lord Kimberley chooses to ignore it — the con- dition of the unhappy women is intensified into a real slavery of a most hideous kind. In all other respects every witness, from Mr. Cecil C. Smith downwards, gives evidence to show that the women are far better off in Chinese brothels than in the brothels registered for foreigners. Mr. Smith writes to the Under-Secretary of State for the Colonies, January 18, 18G9 (Appendix Report, p. 253) : — "There can bono doubt that tlie inmntes of the brothels licensed for Europeans are of tlio lowest class to be found in the Colony, who have in most instances found in such a trade the only hope of gaining a livelihood. Their I'aiiks are with dilFiculty recruited," &c. And of the brothels for Chinese he says : — " The inmates of a large number of those are of a far bettor class than can be found in the other lionses. In some cases indeed they are not there primarily for the purposes of prostitution, but simply that tlicy may assist in making the numerous entertainments given in the brothels attractive through their musical accoiiiplishmontH. These women aro not unfre- quently bought or redeemed out of tlio brothel by rich merchants wlio ultimately take them home as a second and third wife. This buying however is, I believe, no more than followiiig out tho iirinciplo wliicli obtains in China of the future husbaud paying money to his fatiier or niothcM- in. University of California Library Los Angeles This book is DUE on the last date stamped below. ^g^ Phone Re ^»« 310/8:^ ^ R\ 4W ff.DI LD-UI Form L9-Si a!s m iL THE LlBKAliT 3 1158 002 ij 1 ll : j 1 iiiiiliiiii 3751 I NIVERSITY OF CALIF^ NIA LIBRARY I AA 001047 779 2 .^.i\.L^i'-:it:^S