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that he could not be fined under the original Act of 1867, in so far that the fining clauses of that Act had been repealed by the Legislatures.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]
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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]
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