It was about nine o"clock when A-Nam came to 42 Peel street and called Tai Yau out. Mrs. Lau saw her go out with him, but was not uneasy, for she had seen him there before as a friend of Tai Yau. Is it not quite likely it was from him she borrowed the money? He was the kind of man whose profession would lead him to hang around the Registrar"s court in order to get on the track of unlicensed women and to get them in his power. If such were the case, and she owed him money, she would be terribly in his power.[A] She went away with him to the feast near by at No. 9 Lyndhurst Terrace, and at twelve o"clock she returned in company with A-Nam and a strange man. Mrs. Lau was up and worshipping in her room. She came and said to Tai Yau: "Who is this?" seeing the strange man sitting on a chair. "What is this strange man doing here?"
Tai Yau replied, "Oh, he is a shopman and is my husband."
[Footnote A: Chief Inspector Whitehead testified before the Commission: "When an unlicensed brothel is broken up the women have to resort in most cases to prost.i.tution for a living." Though the wrong done Tai Yau had been "against her will," yet it had brought her into court upon the charge of being a "common prost.i.tute," and thrown her heavily into debt. It is not unlikely she now found it almost beyond her power to resist becoming enslaved as a prost.i.tute.]
The name of the man with A-Nam was A-Kan, and A-Kan had been a witness against her when she had been condemned before and fined $100. Now he was here in her room again at this time of night, with the man who had brought them together.
Meanwhile Inspector Lee and the interpreter who had given this A-Kan seven dollars to entrap an unlicensed woman, were hunting along the street below to trace the house into which A-Kan had managed to get an entrance. They began to call "A-Kan! A-Kan!" Someone, probably quite innocently said, "I think the man you are looking for went into the house opposite. I saw some one enter there." This was all the clue they had, yet on that evidence alone, Inspector Lee began to pound on the street door of the house, No. 42. A woman on the first floor looked out, and the Inspector ordered her to open the street door. If she recognized him as an officer she would not have dared refuse. The inspector and the interpreter went up the stairs, but encountered folding doors half way up, locked across the stairs. The Inspector managed to get over them and unlock them from the inside, and on they went, and paused to listen beneath the trap door. They did not hear A-Kan"s voice, and did not know whether he was there. They had only the conjecture of the woman across the street to proceed upon, nevertheless they had forced their way into this private abode occupied by women, knowing nothing whatever about the place, whether it was respectable or not. At this moment Mrs. Lau heard voices of men on her stairs, and said in alarm to A-Kan, "The inspector is coming, looking for you, isn"t he?" A-Kan said "Yes." Then Tai Yau threw herself at the feet of A-Kan and begged for mercy, saying: "I was arrested before and fined a hundred dollars. I sold my son to pay the fine, and you must not say anything now." He sanctimoniously shook his head, as though weighing his responsibility, saying: "I don"t know, I don"t know." She did not recognize him, but he was the very man who had before informed against her and secured her conviction, when she was humbled "against her will." He now opened the trap door to let the inspector and his interpreter in. Tai Yau exclaimed to Mrs. Lau, "He is coming to arrest women for keeping an unlicensed brothel, let us flee!" Tai-Yau ran up a ladder through a scuttle out upon the flat roof of the house, her old servant following and Mrs. Lau behind. The inspector and interpreter followed, while the informer escaped from the house. Mrs. Lau managed to reach the hatch of the next house, No.
44, and ran down that into the street, hotly chased by the inspector.
He said in his testimony: "I pursued the woman down the trap, and followed her right into the street. I pursued and she ran up the steps of Peel street and up to Staunton street, and a Lokong [Chinese constable] caught her about ten yards from Aberdeen street." Then the occupants of the ground floor of 44 Peel street called to Inspector Lee and told him that some people had fallen from the roof into their cook-house, and Inspector Lee said in his testimony: "I went into the cook-house and saw the deceased [the old servant of Tai Yau] lying on the granite on her face, with her head close to an earthenware chatty [water-bottle] which I pointed out, and the bundle of clothing with a Chinese rule lying on the top of her head, or on the back of the neck.
Close beside her was another woman lying on the other side of the chatty with her feet against the wall and her head out toward the cook-house door. I had a Chinese candle. I took up the bundle of clothes off deceased"s head, and turned her on her back, and there were no signs of life apparent. The other woman was bleeding from the face, and her face and neck were covered with blood. She was moving as if in great pain. I sent for the ambulance at once, and by this time the whole street was aroused." The two women, Tai Yau and the old servant, had fallen through a smoke-hole in the roof.
Tai Yau had a fractured jaw and left thigh, besides internal injuries.
She lived but ten days. The verdict rendered in each of these cases was nearly the same. That of Tai Yau"s calamity reads in part:
"Mok Tai-Yau, on the morning of the 17th of October, in the year aforesaid, being on the roof of a house, known as 44, Peel Street, Victoria, and having fled there in consequence of the entry of an Inspector of Brothels into the house known as 42, Peel Street, where she lived, accidentally and by misfortune fell down an open area, known as a smoke-hole, unto the granite pavement beneath, and by means thereof did receive mortal bruises, fractures and contusions, of which she died.... The jury aforesaid are further of opinion that Inspector Lee, the aforesaid Inspector of Brothels, exceeded his powers by entering the house, No. 42, Peel Street, without a warrant, or any direct authority from the Registrar General or the Superintendent of Police, and would strongly recommend that the whole system of obtaining convictions against keepers of unlicensed brothels be thoroughly revised, as the present practice is, in our opinion, both illegal and immoral."[A]
[Footnote A: Inspector Lee testified on this occasion that he sometimes had chased women over the roofs of as many as twenty contiguous houses.]
On Nov. 1st, 1877, Governor Hennessy wrote to the Colonial Office, London:
"I have taken the responsibility of putting a stop to a practice which has existed in this Colony since September, 1868, when Sir Richard MacDonnell sanctioned the appropriation of Government money for the pay of informers who might induce Chinese women to prost.i.tute themselves, and thus bring them under the penal clauses of the Contagious Diseases Ordinance. 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, but what is far worse, a department of the State, as one of the local papers now points out, which is supposed to be const.i.tuted for the protection of the Chinese, has been employing a dangerously loose system, whereby the sanct.i.ty of native households may be seriously compromised.
I had no idea that the Secret Service Fund was 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.... I am taking steps to inst.i.tute a searching inquiry into the whole subject. The European community are ashamed at 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."
This was the incident which led to the appointment of the Commission of Inquiry into the working of the Contagious Diseases Ordinance, the report of which Commission we have already had occasion to quote from more than once.
Later, Governor Hennessy wrote to the Colonial Office:
"Whilst the Attorney General is of opinion that, strictly speaking, there is a _prima facie_ case of manslaughter made out against Inspector Lee, and that possibly a conviction might be obtained, he advises against a prosecution. I do not concur with the Attorney General in the reasons he gives for not inst.i.tuting a prosecution in this case."
During the year previous, 1876, Ordinance No. 2 had been pa.s.sed, depriving the Registrar General of the much-abused judicial powers he had exercised since 1867, and transferring them to the police magistrates.
Speaking of the incident of Tai Yau having sold her boy to pay her fine, Governor Hennessy wrote the Colonial Office, under date of December 6th, 1877:
"I am now informed that the Commissioners have obtained from the records of the Registrar General"s department and from Mr. Smith"s evidence the clearest proof that this practice of selling human beings in Hong Kong was well known to the department. One of the records has been shown to me in which a witness swears, "I bought the girl Chan Tsoi Lin and placed her in a brothel in Hong Kong"; and on that particular piece of evidence no action was taken by the department."
Lord Carnarvon was Secretary of State for the Colonies at this time, and his replies to Sir John Pope Hennessy were small encouragement to the course the Governor had taken. He criticises his "somewhat unusual course" in the appointment of a Commission "composed of private persons to inquire into the administration of an important department of the Government." He says: "I am unable to concur in the suggestion made in your despatch as to the advisability of prosecuting Inspector Lee." He implies that in his opinion "Inspector Lee was acting strictly within his powers on this unfortunate occasion." "It is quite possible," Lord Carnarvon continues, "that there may be abuses connected with the Contagious Diseases Ordinance which ought to be removed; but I would point out that such abuses arise from the imperfections in the system as established by law.... While ready to give consideration to the subject of amending the system, if necessary, I fail at present to observe wherein the officers ... have exceeded the duty imposed upon them by law."
From such responses as these we readily learn that it was not alone in Hong Kong that these outrageous abuses of every principle of justice in dealing with Chinese women failed to arouse more than a lukewarm interest in their behalf, and all the way through Sir John Pope Hennessy, with one or two notable exceptions, so far as the records go, was shown but scant sympathy in his efforts to correct these abuses.
On April 2nd, 1878, Sir Harcourt Johnstone asked in the House of Commons the Secretary of State for the Colonies, "whether his attention has been directed to a recent outrage committed ... at Hong Kong, which is now forming the subject of inquiry by a Commission appointed by the Governor. And if he will cause special investigation to be made as to the manner in which the revenue derived from licensing houses of ill-fame is raised and expended for the service of the Colony."
In answer to this question, the Commission reported that, "the monies raised both by the licenses from houses of ill-fame, and from the fines inflicted under the provisions of these Ordinances, have been expended in the general services of the Colony; and that the actual revenue derived from this source, since and including 1857 down to the end of 1877, amounted to $187,508, to which must be added the Admiralty allowance from 1870 to 1877, amounting to $28,860, and fines estimated at $5,000, making a total of $221,368.00."
After July 1st, 1878, the fund derived from brothels was used for the operation of the provisions of the Contagious Diseases Ordinance only.
Later, on July 28, 1882, Governor Hennessy received in London a large deputation of gentlemen interested in the abolition of the Contagious Diseases Ordinance of Hong Kong. To these he addressed the following words descriptive of the condition of things at Hong Kong unearthed by the Commission:
"I saw in the Colony abuses existing which have effect far beyond the range of Hong Kong. Let me instance one or two only. We get from Great Britain some European police. They are men selected with care for good conduct, and they are sometimes married men; their pa.s.sages and their wives" pa.s.sages have been paid to Hong Kong, where married police quarters are provided. But what transpired when that Commission was held? The Registrar General had recorded in his book, morning after morning, the evidence of informers _selected from that police force_, whom _he had employed to commit adultery_ with unlicensed Chinese women; and borne of these men were married police, whose wives were brought to Hong Kong; so that in point of fact, he was _not only encouraging adultery but paying for it with the money of the State_. Well, I stopped that, of course.... At the head of the Registrar General"s Department in Hong Kong, we appoint an officer, as we believe, of the highest character. One of the gentlemen so employed puts on a false beard and moustache, he takes marked money in his waistcoat pocket, and proceeds to the back lanes of the Colony, knocks at various doors, and, at length, gains admission to a house. He addresses the woman who opens the door and tells her he wants a Chinese girl. There is an argument as to the price, and he agrees to give four dollars. He is shown up to the room, and gives her the money. What I am now telling you is the gentleman"s own evidence. He records how he flung up the window and put out his head and whistled. The police whom he had in attendance in the street, broke open the door and arrested the girl. She is brought up the next day to be tried for the offence; but, before whom?
Before the Acting Registrar General--before the same gentleman who had the beard and moustache the night before. He tries her himself, and on the books of the Registrar General"s office (I have turned to them and read his own evidence recorded in his own handwriting) there is his own conviction of the girl, of the offence, and his sentence, that she be fined fifty dollars and some months" imprisonment! I mention this for this reason--that the officer who did this was appointed because he was supposed to be a man of exceptionally high moral tone, and good conduct and demeanour. But what would be the effect on any man having to administer such an Ordinance? There was laid before my Legislative Council a case of one of the European Inspectors of brothels, and I was struck by this fact in his evidence. He says: "I took the marked money from the Registrar General"s office, and followed a woman, and consorted with her, and gave her the money; and the moment I had done so, I put my hand in my pocket and pulled out the badge of office, and pointed to the Crown, and arrested the woman." She was henceforth "a Queen"s woman"."
CHAPTER 6.
THE PROTECTOR"S COURT AND SLAVERY.
The justification for the pa.s.sage of the Contagious Diseases Ordinance at the beginning, as set forth in Mr. Labouchere"s dispatch on the 27th of August, 1856, to Sir John Bowring was, that the "women" "held in practical slavery" "through no choice of their own," "have an urgent claim on the _active protection_ of Government." It has been claimed again and again by officials at Hong Kong and Singapore that protection is in large part the object and aim of the Ordinance. For instance: In 1877, Administrator W.H. Marsh, of Hong Kong, learning that there was a likelihood of the Contagious Diseases Ordinance being disallowed by the Home Government, wrote to the Secretary of State for the Colonies:
"It is the unanimous opinion of the Executive Council that the laws now in existence have had, when they have been properly worked, a most beneficial effect in this Colony ... in putting the only practical check on a system of brothel slavery, under which children were either sold by their parents, or more frequently were kidnaped and sold to the proprietors of brothels. These unfortunate girls were so fully convinced that they were the goods and chattels of their purchasers, or were so terrified by threats, that they rarely if ever made any complaints even when interrogated. It was very seldom that sufficient evidence could be obtained to punish such nefarious traffickers."
A doc.u.ment enclosed in this letter to the Colonial Secretary at London, signed by the Acting Colonial Secretary at Hong Kong, the Colonial Surgeon, and the Registrar General, states: "Perhaps the strongest argument in favor of the Ordinances is the means they place in the hands of the Government for coping with _brothel slavery_."
From the moment Mr. Labouchere put this false claim to the front it has been the chief argument advanced by officials eager for the Contagious Diseases Ordinance as a method of providing "clean women,"
in order to win to their side the benevolent-minded.
On this point the Commission reported: "In regard to the only result worthy of a moment"s consideration, viz., that referred to by Mr.
Labouchere"s dispatch, of putting down the virtual slavery of women in brothels, the conclusions of those in the best position to form trustworthy opinions is not encouraging." Mr. Smith, who took over charge of the Registrar General"s office in October, 1864, and who had many years of experience in that position, is quoted as saying: "I think it is useless to try and deal with the question of the freedom of Chinese prost.i.tutes by law or by any Government regulation. From all the surroundings the thing is impracticable." Mr. Lister, another Registrar General, says: "I don"t think the new Ordinance had any real effect, or could have had any effect upon the sale of women. I don"t think any good is done by preventing women emigrating to San Francisco or other places, as their fate is just the same whether they go or not."
The Commissioners state:
"The well-meant system devised by the Registrar General"s Department which requires every woman personally to appear before an Inspector at the office, and declare her willingness to enter a licensed brothel, and that she does so without coercion, before she can be registered, may probably act as some check upon glaring cases of kidnaping, so far as the licensed brothels are concerned.
But it seems clear that for the supply of such establishments, there is no need to resort to kidnaping, in the ordinary acceptance of the term. There can be no doubt that, with the exception of a comparatively few who have been driven by adversity to adopt a life of prost.i.tution, when arrived at a mature age, the bulk of the girls, in entering brothels, are merely fulfilling the career for which they have been brought up, and even if they resent it, a few minutes" conversation with a foreigner, probably the first many of them have ever been brought into communication with, is but little likely to lead them to stultify the results of education, according to whose teachings they are the property of others and under the necessity of obeying their directions. The idea that they are at liberty not to enter a brothel unless they wish it, must, to girls so brought up, be unintelligible. To what other source indeed could they turn for a livelihood? Who can tell, moreover, what hopes or aspirations have been instilled into the minds of these girls? The life on which she is about to enter has probably not been painted to her in its true colors. Why should they shrink from it? As a matter of fact they never do....
Mr. Smith, however, thinks, with regard to these women, Government supervision does ameliorate their condition somewhat. The women are periodically seen in their houses by the inspectors, and the cleanliness and comfort of the houses is carefully looked after."
With the internal cleanliness and comfort of brothels, we think the Government has little to do. But the amelioration of the inmates is a matter which certainly stands on a different footing, and is one in which the Government has a deep interest."
The Report goes on to state that the Commissioners do not endorse the views of Mr. Smith as to the amelioration of the condition of the inmates of brothels, through Governmental registration and supervision, and states:
"Young girls, virgins of 13 or 14 years of age, are brought from Canton or elsewhere and deflowered according to bargain, and, as a regular business, for large sums of money, which go to their owners.... The regular earnings of the girls go to the same quarters, and the unfortunate creatures obviously form subjects of speculation to regular traders in this kind of business, who reside beyond our jurisdiction. In most of the regular houses, the inmates are more or less in debt to the keepers, and though such debts are not legally enforceable, a custom stronger than law forbids the woman to leave the brothel until her debts are liquidated, and it is only in rare cases that she does so." "As to the brothel-keepers, there is nothing known against them, and they are supported by capitalists. Mr. Lister speaks of them as "a horrible race of cruel women, cruel to the last degree, who use an ingenious form of torture, which they call prevention of sleep,"
which he describes in detail.... It seems that although the Brothel Ordinances did not call into being this "horrible,"
"cruel," and "haughty" race of women, they have armed them with obvious powers, which they would not otherwise have possessed, and there is consequently reason to apprehend that Government supervision accentuates in some respects rather than relieves the hardships of the servitude of the inmates."
The records furnish many instances to prove that the Registrar General"s Department was not operated with the least idea of relieving the slave from her bondage. These are culled from the court records.
We will condense some of them.
1. Three sisters were brought by their foster-mother from Macao to Hong Kong, on the promise of a feast; they were taken to the house of an old brothel-keeper, to whom the foster-mother sold the girls, receiving ten dollars apiece for them, to bind the bargain, and she went away, leaving the girls with this old woman, who began immediately to urge them to become prost.i.tutes; they cried and refused, asking to be allowed to go to their foster-mother who had brought them up,--not suspecting that they had been already sold by her into shameful slavery. The old woman locked them up, and beat one of the girls, who had resisted her cruel fate. Their meals were all taken into the room where they were kept close prisoners from that time. Brought into court, the foster-mother was set at liberty, although the history was fully set forth, and the old woman declared: "She pledged the girls in my house, by receiving thirty dollars from me.... I have a witness who saw the money paid." The brothel-keeper was convicted only of a.s.sault for beating the girl, and sentenced to three months" imprisonment with hard labor. No reference was made to her own admissions as to buying these girls, and endeavoring to force them into prost.i.tution. Ten days later, her case was brought up again, and the remaining portion of her sentence was remitted, and she was fined twenty-five dollars. No record is made as to what became of these hapless girls; it is to be a.s.sumed that they were sent back to the brothel.
2. Two girls brought before the Registrar General, both of whom pleaded for protection against their owner, stating that she intended to sell them to go to California. One of these had been bought by this woman for eighty dollars; the girl saw the price paid for her; the other said her mother was very poor, and sold her for twenty dollars. Each declared she had been living under the "protection" of a foreigner until recently, and that she had not "acted as a prost.i.tute"; they now feared being "sold into California" by the woman in charge. The Inspector said: "There has been at times a number of women residing in the house, and I do not know what has become of them. I believe that they have been sent to California by the defendant." One of the girls being recalled, and seeming to have gained courage, witnessed that she had been in the house when several women had been brought there and after some time had been sent away to California. She had been present when bargains were struck for the women, the price being various; bought here, the women cost from fifty to one hundred and fifty dollars, and when sold in California they were to be disposed of from two hundred and fifty to three hundred and fifty each.[A] She said the woman had "made a great deal of money. She has told me so." She also said some were unwilling to go, but were afraid to resist. She said between ten and twenty women had pa.s.sed through the woman"s hands, to her knowledge. The brothel-keeper"s reply was, that the last witness owed her money, and had taken some ornaments which belonged to her--together with a denial that she had bought anybody or sent anyone to California. What was the outcome of this dreadful arraignment of crimes against Chinese girls? The woman was "ordered to find security (two sureties of $250 each) for her appearance in any court, for any purpose and at any time within twelve months." No record as to the fate of the two girls who had sought "protection" of the authorities.
[Footnote A: The market price of a Chinese girl at the present time (1907) in California is $3000.]
3. Two young girls were found in a licensed house of shame, whose names were not on the list, the keeper and a woman, Ho-a-ying, who had brought the girls from Canton to Hong Kong, were summoned before the Registrar General. Ho-a-ying represented the girls as sisters, and that she visited them in Canton and found their mother dead, and that she brought them to Hong Kong because of their appeal to her to find them work, and that she put them into defendant"s brothel. She contradicted herself in her testimony as to the name and house of the girls" mother, and the girls themselves declared that they were not sisters, and had never seen each other until they met on the steamer at Canton the day before.
One of the girls declared: "I was sold by Ho-a-ying to the mistress of the brothel. I heard them talking about it, and so I know it. Ho-a-Ying also told me that I had been sold. I do not know for what sum." The brothel-keeper stated that Ho-a-Ying came and asked if she wanted two girls, as she had two who had come from Canton. "The girls were brought, and after being in the house a short time the Inspector came. I purposed having their names entered on the following morning." The brothel-keeper was fined five dollars for keeping an incorrect list of inmates. Ho-a-Ying was convicted of giving false testimony, and fined fifty dollars; in default, three months" imprisonment. No information as to the disposal of the girls, and no punishment for this bargaining in human flesh.
4. Six Chinese persons from licensed brothel No. 71, Wellington Street, were arraigned before the Registrar General, charged with buying and selling girls for evil purposes, and also with selling girls to go to California, and with disturbing the peace. The Inspector described the house thus: "I found all the defendants on the first floor. I found six girls in the house and three children. The floor was very crowded ... four of the girls were in a room by themselves at the back of the house. They were all huddled up together, and seemed frightened. The defendants were in the front part of the house. The girls at the back part of the house could not have got out without pa.s.sing through the room where the defendants were. This house has been known to me for a long time as one where young girls were kept to be shipped off to California."
A watch-repairer and jeweler who had resided opposite this place for three or four years declared that he knew the first defendant, A-Neung, and that she had lived there some years, on the first floor; that he had seen a number of girls going in and out of the house, seeming to arrive by steamer, some in chairs and some walking, and that he knew from what he had seen of her and the girls that she was a buyer and seller of girls. A carpenter living below in the same house deposed: "I have always seen a number of young girls being taken in and out of the house. The age of the girls ranged from 10 to 20 years. There was always a great deal of crying and groaning amongst the girls up-stairs. I have not heard any beating, but the girls were constantly crying. The crying was annoying to me and the other people in the shop. The people living in the neighborhood have, together with myself, suspected that the girls were bought and sold to go to California." Another neighbor deposed to knowing the third defendant as "in the habit last year of taking young girls of various ages, from 10 to 20, about the Colony for sale. I knew this defendant wanted to sell the girls, as she asked me if I knew any woman who wanted to buy them. She comes from Canton." A girl from Wong-Po found in No. 71 brothel, told of being taken to Canton at eleven years of age and sold by her sister as a servant to the Lam family. After being in this family three or four years, her mistress and the second defendant, Tai-Ku, a relation of her mistress and daughter to the first defendant (A-Neung, keeper of the brothel), took her to a "flower-boat," and the next day by steamer to Hong Kong, and she was taken to the house of A-Neung. Her mistress stayed in the house three days, and sold her to the first and second defendants (mother and daughter) for $120. She added: "This was in the tenth month last year.... I was never allowed to go out. I have never been out of the house since I came to Hong Kong [nearly six months]. First, second and third defendants never went out of the house together [some one always being on guard]. Last year Tai-Ku and A-Neung told me that I should have to go to San Francisco.
This year I was again told that I was going to San Francisco. I said I did not want to go. Tai-Ku then beat me." Another girl only 19 years old, married about four years, declared that in consequence of a quarrel between herself and another wife of her husband, he sold her to Sz-Shan, fifth defendant, for $81, who brought her from Tamshui by steamer to Hong Kong, and took her to A-Neung"s house, where she was being held for sale. She finished her testimony thus: "Several men have been up to the house to see me. They were going to buy me if they liked me." A letter was produced by the Inspector, which he found in A-Neung"s house, from Canton to the writer"s sister-in-law in Hong Kong, urging that as the owner had lost money on the "present cargoes," a higher price must be set on them and the sale hastened, as soon as the letter should arrive, and word returned that they had been disposed of; also directing that "after the transaction, one cue-ta.s.sel and one shirting trouser" were to be taken back and sent to Canton by the hand of a friend at first opportunity. (This as a pledge of good faith.)