fficult to provide
for his family, Leung A-Tsit said: "Very well, you can give me your
daughter instead, and when she is grown up I will find her a husband."
It was finally agreed that he should have the little girl for $25,
viz., the $23 already owing, and $2 to the mother as "tea-money." The
$2 were paid and he took the child away. The mother said: "I was very
sorry about it and cried." (But mothers have little to say as to the
disposal of the children they bear in the Orient). The Governor, Sir
John Pope Hennessy, took a deep interest in this case, when he heard
of it, regarding it as "an illegal transaction," and urged upon the
Attorney General, Mr. G. Phillipo, to prosecute, on his behalf, the
purchaser of the girl, and that both the father of the child and
Leung A-Tsit be notified that the father was entitled to the child by
British law, and referring the father to the police magistrate.
The police magistrate requested of the Colonial Secretary that
the Attorney General's opinion be obtained, as to what course the
magistrate should pursue. The final outcome of the case is told by
Governor Hennessy in a despatch to the Secretary of State for the
Colonies.
"I made a minute on the petitions, directing them to be sent to
the Attorney General, as 'the parties appear to acknowledge being
concerned in an illegal transaction.' In a few days the papers
were returned to me with the following opinion of the Attorney
General: 'The transaction referred to would not be recognized in
our laws as giving any rights, except 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
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