45 Ordinance V of 1873 and introduce the changes.

Further progress was made in the criminal law of the colony when the Indian Penal Code, Act VI of 1864, was introduced with

certain modifications. The changes included corporal punishments, but in fewer instances than in India. Provisions for transportation were omitted and certain provisions for treasonable offences were

included. The Penal Code emerged as the bulky Ordinance IV of 1871 46

and came into effect in 1872.

What remained now to streamline the judicial system of the

45Clarke to C.O., 21.4.1874, 16.5.1874, C.0.273/75. 46

Anson to C.O., 8.9.1871; The Ordinance contained 24 chapters and 513 sections, C.O.273/49.

colony was to introduce a code of Civil and Criminal Procedure. In late 1873, a Criminal Procedure Act was introduced. The initial opposition to the Act by the non-official members in the Legislative

Council had died down. Clarke felt that the opposition was not

prompted by strong feelings against the Act but by the hope that the Colonial Office would strengthen the non-official element in the

47

Legislature. Nevertheless, the Colonial Office instructed Clarke

to introduce a suspending clause to delay the immediate operation

of the Ordinance. This was largely due to a letter received by

the Colonial Office from E. Hornby, the Chief Judge of the Supreme

Court of Shanghai. The Government of Hong Kong had recently

introduced into that colony a code of Civil Procedure, and Hornby

felt that the code was a great improvement on existing rules. He

suggested that after some modifications and the addition of rules for criminal procedure, the code might be made available not only for Hong Kong and Shanghai but for the Straits Settlements and the

Levant as well. He was convinced that there should be a single

code of procedure and practice for the four jurisdictions instead

of the four different ones administering the same law. He therefore

suggested that the Chief Justices concerned should meet at Hong 48

Kong. Hence the final step to improve the judicial system of the

Straits Settlements was delayed.

47Clarke to C.O., 18.11.1873, C.0.273/71.

Enclosure in C.O. to Clarke, 18.12.1873, C.0.273/73. 48

The Civil Service

When the transfer was effected the Civil Establishment in the colony was substantially different from the list submitted by

Robinson three years earlier. This was mainly due to deaths,

resignations and new appointments. One of the departments affected most by the change of government was the medical department.

This department was run by Assistant Colonial Surgeons and apothecaries belonging to the Indian Military Service and by

dressers and inferior subordinates most of whom were locally recruited. In a few cases, the dressers were able to qualify as apothecaries, but generally the department relied heavily on the Indian apothecaries, who were highly rated. The Indian Government had requested that

the apothecaries and other subordinates be sent back. Ord felt that it was impossible to carry out the medical service without them, since it was difficult to recruit local personnel. He had tried unsuccessfully to induce the Indian apothecaries to accept colonial service. This lack of success was mainly because on return to India an apothecary had chances of promotion from assistant

apothecary to apothecary and senior apothecary, the last on a salary of $114.00 per month. Ord felt that the only way to induce them to remain in the colony was to offer them an initial salary equivalent to what they would get on return to India, and instead of three grades of promotion, provide three grades of salary, with a maximum of $120.00 per month reached by increments of $10.00 every three

47 years.

A similar difficulty, though not to the same extent, was felt in the Public Works Department and the Survey Department. Previously, men were seconded to these departments from the Indian Service, receiving a promotion or increase in salary for their overseas duty. They retained their seniority and on return to India found ample room for themselves in various grades whilst their places in the Straits were taken by junior officials from India. The new administration of the Colony did not possess such advantages. There was a need to create a Straits Settlements Civil Service having ranks and grades with increases in salary until the maximum was reached. This was perhaps the only way to induce local men to accept positions in the Colonial Service.

The Colonial Office was very much concerned with the high cost of the establishment. Robinson’s recommendations had amounted to £66,773 per annum whilst those approved by the Treasury had amounted to £67,363. However, at the beginning of 1868, the cost of

establishment was £93,871, a difference of £27,038. Because of this large difference, the Colonial Office felt that a committee should be formed to study and report on the administrative establishment of the colony. The Colonial Office was willing to consider a scheme for creating a Straits Civil Service but felt that there would be imperfections in such a service being drawn exclusively from so

47

narrow an area. The Treasury had stated the importance of keeping expenditure within estimated amounts of revenue. They pointed out that from the experience of several colonies, there was strong evidence for adhering to this principle of action in times of prosperity in order to avoid the chance of being forced by a

48