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of this section in the Ordinance in committee was justified by the desirability of drawing public atten- tion to the fact that mui tsai were within the protec- tion of the two Ordinances referred to. It was also perhaps useful as impliedly preserving certain rights of guardianship conferred on the Secretary for Chinese Affairs by section 32 of the Protection of Women and Girls Ordinance, 1897. It has, however, been thought desirable to deal specifically with these rights of guardianship, as is explained in paragraphs 12 to 15 below. It therefore seems unnecessary to retain section 8 of the principal Ordinance on the statute book.
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5. Section 9 (1) of the principal Ordinance enables the Secretary for Chinese Affairs, upon the death of the employer of any mui tsai, to make any order which he may think fit regarding the transfer of such mui tsai to a new employer. The object of this pro- give the Secretary for Chinese Affairs power to make the best arrangement for the mui tsai possible in all the circumstances of the case. never intended that this power should override the right of a mui tsai to be restored to her parent or other natural guardian, or the general right of the parent or other natural guardian of a mui tsai under the age of eighteen to have the girl restored to his or her custody. Section 4 of this Ordinance therefore, inserts in section 9 (1) of the principal. Ordinance words which make it quite clear that the provisions of section 10 of the principal Ordinance are to prevail over those of section 9 (1) in case of any conflict.
6. Section 5 of this Ordinance makes in section 11 of the principal Ordinance the same amendment as section 4 of this Ordinance makes in section 9 (1) of the principal Ordinance.
7. Section 6 of this Ordinance repeals section 13 (2) of the principal Ordinance because in future it will be illegal to bring any unregistered mui tsai into the Colony, and accordingly no provision can be made for the registration of mui tsai so brought in.
8. Section 7 of this Ordinance has already been It substitutes a referred to in paragraph 3 above.
new section for the present penalty section.
9. Section 8 of this Ordinance adds five new sec- tions to the principal Ordinance. The proposed new sec- tion 20 provides that in any prosecution under section 6 of the principal Ordinance the magistrate may convict of common assault if he fails to find as a fact that the girl in question was a mui tsai. It is possible that he has this power already under section 22 of the Magistrates Ordinance, 1890, but it is considered desirable in this case to place the matter beyond all doubt.
10. The proposed new section 21 deals with onus of proof, and provides that in every prosecution under the principal Ordinance it shall, until the contrary is proved, be presumed that the girl in question was a mui tsai in the employment of the accused at the time of the alleged offence, and that this onus will not be discharged by mere proof that the girl was described in any transaction by some term other than mui tsai. This may appear drastic, but the difficulties of proof are enormous. In order to prove that a girl is a mui tsai it might be necessary to prove some payment made years ago, outside the Colony, and in the absence of the girl herself. On the other hand, the accused