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Friday, July 26, 2013

Justice Sir Peter Benson Maxwell's reaction to "Chinese Secret Societies" by Frederick Boyle, Published Published in Harper's New Monthly Magazine Volume 83, Issue 489, September, 1891

Chinese Secret Socieities. 

TO THE EDITOR OF THE "SPECTATOR." 

SIR, - Judging from your article in the Spectator of August 29th, the writer in Harper's Magazine on Chinese Secret Societies has given a very melodramatic tinge to his subject. Five thousand Chinese carbonari "occupying" an English Colony for a week ; some of their leaders accumulating two millions sterling, and one of them, after being sentenced to death, boldly proclaiming that the English Government dared not execute the sentence, - these are tolerably startling facts, throwing into insignificance the secret oath against appealing to the Colonial Courts, taken though it be by beheading a cock and drinking its blood, to boot.

My own impressions about these Societies differ from the official and popular European view ; and as I lived surrounded by them in the Straits Settlements for some fifteen years, you may be willing to give in your columns my side of the shield.

Your remark that the policy at first pursued by us was one of tolerance, is worthy of serious attention. Is it not remarkable that from 1786, when the East India Company first established a settlement in the Straits of Malacca, down to 1867, when the administration of the Colony passed from Calcutta to the Colonial Office, the Government of India persistently abstained from interfering with these terrible Chinese Societies ; not requiring even registration, as you have been led to suppose, but leaving its Chinese subjects as free to form their clubs as we are in England to form lodges of Freemasons, Oddfellows, and other similarly mysterious bodies? Yet that Government was a despotism, and so might naturally be expected to have the same horror of Secret Societies as Roman Emperors and Roman Popes. But our Indian administrators knew what they were about. They knew that the Societies in question had not political object whatever, in our possessions ; theat they never dreams of insurrection, or claimed political rights, or plotted attacks on the rights of property ; or, in short, ever entertained towards the Government and the institutions under which they lived any sentiment but respect and thankfulness for the protection and freedom accorded to them. They knew also another thing, - that the Chinaman belonged from his birth to another society not easily subjected to abolition or suppression or regulation, his tribe or clan. The Chinese are as clannish as Highlanders are or were ; and the most trivial dispute, blow, or insult in the market-place between two men of different tribes, swells at once into a riot, every tribesman within hail joining in the fray. The Socieities which they join on arriving in the Colony are formed by the wealthier colonists of their race, mainly to protect their poor and ignorant tibesmen in case of sickness or while out of employment, and for burial in the event of death. That those heads or chiefs have great influence over the rank and file, cannot be doubted, any more than that they frequently interpose in disputes and quarrels, and so prevent lawsuits in the public Courts ; just as the early Christians, had their disputes settled by the heads of their communities on the dies dominicus, which became proverbially their dies juridicus. A lawyer may well doubt whether such domestic tribunals are the best in the world whether, among other things, they may not abuse their powers much more readily than those which are public ; bit it is not unlikely that a Chinaman, ignorant of every language but his own, and of the institutions of the strange country in which he found himself, is often willing to take his chance of this, and prefers a Chinese to an English Judge, without any preliminary forswearing of the jurisdiction of the latter. I never heard of any such unnecessary oath, and as I had a fair share of Chinese cases in my Court, the oath, if taken, must have been more honoured in the breach than in the observance.

There can be no question that the Chinese population was occasionally turbulent and quarrelsome ; but they broke no heads than those of their fellow countrymen. Even when the "40,000" spoken of in Harper's Magazine were "occupying" Penang, the police and military and others engaged in putting down their occupation were, as well as I recollect, unmolested and uninjured. It is likely enough that the organisation provided by the Societies facilitated the spread of such disturbances ; but, on the other hand, as their heads were merchants and traders and men of substance, as little in love with rows and riots (which suspend all trade) as whiter men of similar pursuits, they were often valuable allies to the authorities by pressing peaceful counsels on the troublesome and restless, and also by giving timely information of brewing trouble to the heads of the police. Unless I am strangely in error, in the days of Indian rule our Executive and police officials often received valuable aid in this way.

But as soon as the administration of the Colony was transferred to the Colonial Office, the policy of the Indian Government was reversed.The transfer took place in April, 1867 ; the chief Indian officials were replaced by new and inexperienced men ; and a riot which broke out among the Chinese in Penang in the following August was not as happily dealt with as it might have been, and resulted in much loss of life and destruction of property to the two different factions. The new Governor - backed, I think, and I am bound to add, by the general feeling of the European mercantile community - reversed the policy of a dozen Governors-General of India, and declared war against the Societies ; his successors followed in his footsteps and ultimately, as you say, the Societies appear to have been, in 1888, altogether forbidden in the Colony. "It is said in Singapore," you add, "that the policy has been quite successful, and that the dangerous Societies have been blotted out." I hope so ; but I fear that this is a premature crow. I share your suspicion that they are only lying low. They have, no doubt, lost their best members, and they will fall into bad hands. I am afraid that the Colonial ordinances have "blotted them out" in no other sense than the penal code has blotted out treason and murder. Will Chinese tribesmen be really prevented from forming Associations among themselves? If not, their Associations will be only more secret, because contrary to law ; and their members will be less well-disposed to the Government, since the latter makes war on them. The authorities will be left more in the dark about them than they use to be, - a darkness of their own creation, since their legislation has driven out of the Societies those pacific and wealthy sons of prosperous commerce who were so often their useful allies. The new heads, of a rougher order, will perhaps manage to remain unknown until the row breaks out.

I must not conclude without a word of explanation respecting the theatrical attitude attributed to the Chinese chieftain who defied the English Governor to hang him. Khu Tian Pek, the head of the Toh Peh Kong Society of Penang, was tried, with two or three others, for a murder said to have been committed in the riots of 1867, and all were found guilty. If he ever made the speech attributed to him, he relied, not on the valour of his warriors, but on the opinion of the Judges (and, I think, of all or most of the Executive Council) that never had there been a clearer case of concocted charge, perjured evidence, and perverse verdict.

                                                                                                                                 I am, Sir, &c.,
P. B. MAXWELL. 
                                                                                             Lucerne, September 15th.

[Straits Times Weekly Issue, 27 October 1891, Page 4]

Penang Chinese Town Hall

On Friday last, Mr. Tso Ping Lung, the Chinese Consul, and the Hon'ble Tan Jiak Kim, were entertained at dinner by their Chinese friends in Penang at the Chinese Town Hall.

[Daily Advertiser, 6 April 1891, Page 3]

Hong Chuan Tong Society, Penang

The Hong Chuan Tong Society, Penang is exempted from registration under the Societies Ordinance.

[The Singapore Free Press and Mercantile Advertiser (1884-1942), 12 October 1891, Page 2]

Troubles at Penang and A Voice from Pinang, July 1869 - Boey Eu Kong (Ghee Hin) and Khoo Thean Teik (Khian Teik)

TROUBLES AT PENANG. 

We hear from private source that great fears are entertained at Penang of a renewal of the miserable faction fights which gave so much trouble in 1867. It seems that Boey Eu Kong, the head of the Ghee Hin Society, who was deported, or understood to be deported at the close of the last riots, has been living quietly in some secluded part of the Island away from the reach and observation of the Police ; but, we are informed, with the connivance of the higher authorities. A few days back however the man's presence in the Island as also his whereabouts were made known to the head of the police,who, without consultation with the Executive, at once had the man arrested. He was brought before the magistrate's court, and in conformity to the Peace Act of this year, fined $500, in default of payment of whch he was remitted to custody. Counsel, however, was engaged on his behalf ; and here ensues a somewhat singular illustration of the working of our local ordinances. A writ of Certioraari and Habeas Corpus was applied for and obtained from the Judge of the Supreme Court, by which the police were directed to produce the man and shew on what grounds he was detained in custody. He was duly produced, when the Counsel on his behalf argued that the Magistrate had no right to construe the Peace Act of 1869 retrospectively, and to apply the fines and penalties set forth in it, to an offence committed in 1867 ; and further that he could not be fined under the original Act of 1867, in so far that the fining clauses of that Act had been repealed by the Legislatures. Both objections were allowed by the Judge to be good, and the man was ordered to be set at liberty.

We have no wish to go into the law points of the case - though they do seem a little nice ; but to point to the awkwardness of the judicial discharge which the man has secured, just a month before the head of the Toh-Peh-Kong hoey will have expiated his two years imprisonment here, and be entitled to return to Pinang. It would have been far better had the man Boey Eu Kong been allowed to remain in peaceful obscurity ; for, independent of the notoriety into which he has once more been brought, no doubt the sort of legal victory he has obtained will animate the hopes of his party and predispose them to fresh animosity against their rivals the Toh-peh-Kongs, who, on their part, will not unlikely be moved to make some demonstration on the return from imprisonment of their leader Tan Tek. At all event, there prevails, as we have said, a feeling of grave uneasiness at Penang and we commend the attention of Government to the subject.*

* Since the above was written we have received from Penang, by the mail yesterday, the letter signed "A Voice from Penang" which appears among our Correspondence today.

[The Straits Times, 24 July 1869, Page 1]

----------

To The Editor of the Singapore Daily Times. 

SIR, - It is seldom that the equanimity of our money-seeking inhabitants is disturbed by any stirring events, but at present a little anxiety and uneasiness prevails as to the coming troubles to be expected on the return from Singapore of the Toh-peh-kong Leader, Tan Tek, from his short imprisonment of 2 years. Great dissatisfaction is exhibited amongst the Chinese population and a slight preparation is progressing for any war that may eventually occur. There is no doubt that "prevention is better than cure," and it is incumbent on our Government to abstain from nodding as usual over such affairs and to take precautionary measures to avert riots in this Island, as Pinang has lately suffered enough from the Riots of 1867. If the prime mover in the late disturbances, Tan Tek, were prevented from returning to Pinang, there is no doubt that place would continue quiet, but to place such a firebrand amongst the large body of headstrong, turbulent, and powerful Chinese here is false policy and a serious offence in the Executive. Can Government be so blind as not to see the inevitable consequence that will ensue the moment that the abovenamed degraded by passionate and wily chief lands here? Revenge is but natural to the human breast, and bitterly may we rue the day that sees the discharged fellow at the head of his excited followers. If H. E. the Governor is determined to force the experiment on us of smoking whist on a gunpowder cask, yet I trust he will have the humanity to protect our children by sufficient armed force whereas he has caused almost all the forces to be withdrawn and leaves us helpless in the emergency should it happen. May shame and disgrace follow on you all if we are swept off from the face of the earth! 

Much astonishment has been caused here by our worthy Police Magistrate, Mr. C. B. Waller, sentencing Boey Eu Kong, (the Ghee Hin Secretary), to a fine of $500 for returning from alleged sentence of deportation and in default of payment, the Sinsey was imprisoned in the Police lockup for several days. On application being made for a Habeas Corpus, the Magistrate, (knowing of it), removed the prisoner to H. M's. Jail, but the Supreme Court on Thursday last declared the conviction bd, as our learned Legislature had repealed so much of Act 20 of 1867 as concerned banishment and the punishment for return to the Colony! The prisoner was at once released and the fine cancelled. The arrest of the prisoner was imprudent, as Government were aware that the Sinsey had been living for months in Pinang, and the result of his acquittal has excited an unfavorable opinion of the legality of Government Acts and created doubts as to the prudence of its advisers, and the wisdom of the Legislature. 

The legality of our church pew rents is still questioned, but the rents continue to be demanded, though generally believed to be illegal. Perhaps the matter may find its way some day to the Courts of Justice when it is to be hoped that the matter  may be finally settled ; a great deal of antiquated ecclesiastical History from the time of the early Christians until our present period of free thought will no doubt be brought to light (as is usual) to support the extortion. It is to be hoped that the subject may not be made the excuse in our Legislature to abolish the Anglican Church in our Colony as by law established. 

Yours faithfully, 
A VOICE FROM PINANG 
                                                                                                    Pinang, 19th July, 1869.

[The Straits Times, 24 July 1869, Page 2]

Chinese Social Club, Penang

The Malacca Oversea Chinese Rubber Dealers' Association and the Chinese Social Club, Penang, have been registered.

[The Straits Times, 23 February 1924, Page 8]

Malacca Oversea Chinese Rubber Dealers' Association

The Malacca Oversea Chinese Rubber Dealers' Association and the Chinese Social Club, Penang, have been registered.

[The Straits Times, 23 February 1924, Page 8]

Straits Settlements Association, Penang

The Straits Settlements (Penang) Association is exempted from registration.

[The Straits Times, 23 February 1924, Page 8]

Chinese Benevolent Association, Penang

The Chinese Benevolent Association Penang, is exempted from registration. 

[The Straits Times, 23 December 1916, Page 8]