Heathen Slaves and Christian Rulers

by Elizabeth Wheeler Andrew; Katharine C. Bushnell

The occasion of these statements was as follows: On November 9, 1878, a month before the report of the Commission was published, certain Chinese merchants had petitioned the Governor to be allowed to form themselves into a society for suppressing kidnaping and trafficking in human beings. This petition states that the worst kidnapers are "go-betweens and old women who have houses for the detention of kidnaped people." They declare that these

"inveigle virtuous women or girls to come to Hong Kong, at first deceiving them by the promise of finding them employment (as domestic servants), and then proceeding to compel them by force to become prostitutes, or exporting them to a foreign port, or distribute them by sale over the different ports of China, boys being sold to become adopted children, girls being sold to be trained for prostitution." "Your petitioners are of opinion that such wicked people are to be found belonging to any of the [neighboring] districts, but in our district of Tung Kun such cases of kidnaping are comparatively frequent, and all the merchants of Hong Kong, without exception, are expressing their annoyance."

Accompanying the petition was a statement of the situation:

"Hong Kong is the emporium and thoroughfare of all the neighboring ports. Therefore these kidnapers frequent Hong Kong much, it being a place where it is easy to buy and to sell, and where effective means are at hand to make good a speedy escape. Now, the laws of Hong Kong being based on the principle of the liberty of the person, the kidnapers take advantage of this to further their own plans. Thus they use with their victims honeyed speeches, and give them trifling profits, or they use threats and stern words, all in order to induce them to say they are willing to do so and so. Even if they are confronted with witnesses it is difficult to show up their wicked game…. Kidnaping is a crime to be found everwhere, but there is no place where it is more rife than at Hong Kong…. Now it is proposed to publish everywhere offers of reward to track such kidnapers and have them arrested…. The crimes of kidnaping are increasing from day to day."

This proposal on the part of Chinese merchants to form such a society was cordially accepted by officials, and the Governor requested that two police magistrates, whom he named, the Captain Superintendent of Police and Dr. Eitel, should draw up a scheme to check kidnaping, in concert with the Chinese petitioners. This committee met, and decided that the objects of the "Chinese Society for the Protection of Women and Children" should he as follows:

1. The detection and suppression of kidnapers and kidnaping. 2. The restoration to their homes of women and children decoyed or kidnaped for prostitution, emigration, or slavery. 3. The maintenance of women and children pending investigation and restoration to their homes. 4. Undertaking to marry or set out in life women and children who could not safely be returned home.

At a subsequent meeting of these gentlemen, Mr. Francis, Acting Police Magistrate, asked the Chinese merchants present, "If there was of late any special modus operandi observed in the proceedings of kidnapers differing from what had been observed and known formerly?" To this the Chinese gentlemen present replied that "there was indeed a marked difference observable in the proceedings of kidnapers of late, because they had become acquainted with the loopholes British law leaves open, also with the principle of personal freedom jealously guarded by British law, and that through this knowledge their proceedings had not only become less tangible for the police to deal with, but the kidnapers had been emboldened to give themselves a definite organization, following a regular system adapted to the peculiarities of British and Chinese law, and using regular resorts and depots in the suburbs of Hong Kong." In support of this, Mr. Fung Ming-shan laid on the table two documents written in Chinese. One of these contained a list of 38 different houses in the neighborhood of Sai-ying-pim and Tai-ping-shan used by professional kidnapers, whose names are given, but whose residence could not be ascertained. The other document consists of a list of 41 professional kidnapers whose personalia have been satisfactorily ascertained.

The foreign Magistrates present then pointed out to the Chinese members of the meeting that one great difficulty the Government frequently met in dealing with such cases was the question, what to do with women or children found to have been unlawfully sold or kidnaped; how to restore them to their lawful guardians in the interior of China; how to provide for them in case such women or children had actually been sold by their very guardians, who, if the woman or child in question were restored to them, would but seek another purchaser; how to deal with persons absolutely friendless, etc. The Chinese members of the meeting replied that they were prepared to undertake this duty. They would employ trustworthy detectives to ascertain the family relations of any kidnaped person, who would see to such persons being restored to their families upon guarantee being given for proper treatment; and in cases where restoration was impossible or not advisable, they would take charge of such kidnaped persons, maintain them, and eventually see them respectably married. It was then decided that the Magistrates present should draw up a succinct statement of the provisions of the British law forbidding the sale of persons and guaranteeing the liberty of the subject, which should be translated into Chinese, and circulated freely in the neighboring districts.

Although the action on the part of the Chinese merchants in forming themselves into an organization to put down kidnaping was received with much appreciation by the Governor and Secretary of State at London, as well as by many of the officials at Hon' Kong, there were those who from the first doubted whether the motives of the Chinese in thus uniting were wholly disinterested on the part of the majority. Such were confirmed in their doubts by the action of these same Chinese as soon as Sir John Smale set to work in earnest to exterminate slavery, and declared in his court a year later than the formation of this Chinese Society:

"I was given to understand that buying children by respectable Chinamen as servants was according to Chinese customs, and that to attempt to put it down would be to arouse the prejudices of the Chinese…. Humanity is of no party, and personal liberty is to be held the right of every human being under British law…. 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."