906
7. In the second place, the present section appears to give the Secretary for Chinese Affairs the full and unfettered right of a legal guardian. Section 10 of Ordinance No. 1 of 1923, however, considerably limits his right to refuse to restore a girl who is a mui tsai to the custody of her parent or natural guardian. There is a distinct conflict here between the two Ordi- nances. No doubt the later Ordinance would prevail, but it is advisable to make that position quite clear. Accordingly, the proposed new section 32 provides that the rights of the Secretary for Chinese Affairs as legal guardian shall be subject to the provisions of section 10 of Ordinance No. 1 of 1923. That section provides that any mui tsai who wishes to be restored to the custody of her parent or natural guardian, and any mui tsai under eighteen whose parent or natural guardian wishes such mui tsai to be restored to his or her custody, shall be restored to such custody unless the Secretary for Chinese Affairs sees some grave objection in the interest of such mui tsai to such restoration.
8. In the third place, it might be argued that the declaratory clause of Ordinance No. 1 of 1923, i.e., section 2, negatives the right of guardianship conferred on the Secretary for Chinese Affairs by section 32 of Ordinance No. 4 of 1897. Reasons are given in the Objects and Reasons attached to the Female Domestic Service Amendment Bill for suggesting that the con- flict here is only apparent, but it has been thought better to make the matter quite clear, and this is being done by means of a new section 23 which the above bill proposes to insert in Ordinance No. 1 of 1923. That new section will provide that nothing in Ordi- nance No. 1 of 1923 is to affect any right of guardian- ship vested in the Secretary for Chinese Affairs under Ordinance No. 4 of 1897, or to be vested in him under Ordinance No. 4 of 1897 as amended by this Ordi-
nance.
9. Section 39 of the principal Ordinance gives to the Secretary for Chinese Affairs, and any officer authorised for that purpose by him in writing, power to search any vessel or place where he has reasonable cause to sus- pect that there is any woman or girl who may be liable to be dealt with under the Ordinance, or in which he has reasonable cause to suspect that an offence against the Ordinance is being committed. It also gives power to search for the purpose of ascertaining whether there is in any vessel or place any woman or girl who may be liable to be dealt with under the Ordinance, or for the purposes
of ascertaining whether any offence against the Ordinance is being committed there. The section gives power to remove and detain the woman or girl, but it gives no power to arrest, and it gives no power to seize documents or other articles which may be evidence of an offence. It also fails to make it an offence to obstruct any such search. Section 6 of this Ordinance substitutes a new section 39 which will remedy the above defects. The new section also give to the Secretary for Chinese Affairs, and to the autho- rised officer, the right to put questions to persons found in any vessel or place searched under the sections and it requires such persons to answer such questions, truthfully, and to obey any order given connected with the search. It also makes it an offence to force or induce a woman or girl who is liable to be dealt with under the Ordinance to conceal herself, or to escape, with a view to evading or obstructing the search. This section is adapted from section 19 of Enactment No. 2 of 1914 of the Eractments of the Federated Malay States, as amended by Enactment No. 21 of 1925. It will be noticed that sub-section (1) of sectim, 39 of the principal Ordinance disappears. because all the neces- sary power seems to be given under sub-section (2) of that section, which appears in the new soon as sub- section (1), with slight alterations,
1. 17 KAMP,
rney Cicneral.
18th August, 1929