AH HING (19)

Description

Biographical informationAh Hing (19) was born in about 1890. He migrated to Western Australia per the "Sultan" at Fremantle with his father, Ling Tom (Sam), on 26 October 1899.

He worked in laundries and market gardens in Kalamunda and Balcatta until he was found on a market garden in Guildford in February 1926. He was detained on suspicion of being a prohibited immigrant. He was subjected to a Dictation Test on 18th February 1926 and he failed this test. He was then tried in March 1926 and sentenced to four months in jail. Whilst giving evidence he differs on the name he provides for his father, in one place he says Sam Ling (LING, Tom), in another he states Ah Jam.

He appealed the 4 month jail sentence and the State Full Court found in his favour and quashed the conviction. The Commonwealth Government appealed the decision of the State Full Court on the basis that the decision was against the facts and against the law. An almost identical case was being heard in Melbourne at the same time, the case of Williamson vs Ah On. Both States were communicating regularly seeking legal precedent to support their cases.

In hearing the appeal by the Commonwealth Government, the Chief Justice of the High Court commented scornfully to the prosecutor: "Here is a poor Chinese, working peacefully in a market garden, dragged through three Courts, and all for the peace, order, and good governance of this country", to which Justice Higgins answered "We have no voice in administering the law". The Chief Justice responded "It is like using a steam hammer to crack a nut". He then quashed the right to appeal on the basis that the determination of the points of law which had arisen would not be sufficient to decide the appeal. The case was therefore thrown out.

Much thought was given by the State to administering a second Dictation test and proceeding with a further criminal prosecution, but eventually, on the advice of the Solicitor General, the State backed down and did not prosecute further. More than 350 pounds was expended on this failed prosecution, a vast sum of money at that time. Ah Hing continued working as a market gardener in the Perth area. Other nameAh Hing, 1890- (differentiated name)Date of birth1890

Family

ParentLING Tom

Connections

Subject (place)Guildford, PerthKalamunda, PerthBalcatta, PerthSubject (topic)Chinese heritage in Western AustraliaMarket GardensLaundryRelated collectionAnne Atkinson Collection

Item information

ContributorSchool of Social SciencesSource of informationAsian immigrants to Western Australia, 1829-1901 (Atkinson, 1988)

Significant place

RelationImmigrated toPlaceAustraliaDate26 October 1899 on the 'Sultan' at Fremantle with his father

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UWA Collected

AH HING (19)

THE UNIVERSITY OF WESTERN AUSTRALIA