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H.E. THE GOVERNOR-I am bound by instructions to introduce some clause which will have this effect.
HON. MR. POLLOCK-I don't think you have quite comprehended the point of the Unofficials, which is that it is absolutely impossible after this Bill has been passed to em- ploy mui-tsai-in the old sense of mui-tsai-at all. It almost wants a new term to des- cribe them.
If there will
H.E. THE GOVERNOR-In that case the clause is entirely harmless. be no such person there can be no harm in saying she cannot be employed.
HON. MR. POLLOCK-But there will be persons claiming to be identified as mui- tsai and the effect of passing this clause is that after this you will have two forms-the legal and the illegal form--of mui-tsai. You will have endless disputes and enquiries as to whether the person is of the legal or illegal standing. Further it will mean that every single, young Chinese girl coming to the Colony will be under suspicion as a potential suspected mui-tsai. I do not know how many inspectors you will want, but you will re- quire hundreds. I would ask for a division to be taken on this amendment.
HON. MR. CHOW SHOU-SON seconded the amendment and on a division all the Un- official members voted for the amendment and all the Official members against. The amendment was thus rejected.
HON. MR. POLLOCK moved that clause 6 be transposed so that sub-section 2 became sub-section 1 and vice versa. He thought this a better order.
THE ATTORNEY GENERAL-I see no objection.
The amendment was agreed to.
HON. MR. POLLOCK-moved that a new clause be inserted after clause & to run as
follows:
"In every prosecution for overwork or ill-treatment of a mui-tsai medical evidence shall be given before the Magistrate trying the case as to the injuries receiv- ed by such mui-tsai, and the Magistrate shall find whether such ill-treatment amounted in his opinion, to gross cruelty or not".
"In the event of such Magistrate finding that such ill-treatment amounts to gross cruelty, the offender shall not be given the option of paying a fine but shall be sentenced by the Magistrate to imprisonment for a term not exceeding one year."
THE ATTORNEY-GENERAL intimated that he had no objection and the new clause was agreed to.
HON. MR. POLLOCK moved a further clause--clause 8-as follows: "The pro- visions of the Protection of Women and Girls Ordinance, 1897, and of the Offences against the Person Ordinance, 1865 shall, as hitherto, apply to and include mui-tsai.”
H.E. THE GOVERNOR-Is there any object in that?
HON. MR. POLLOCK-The point is as I explained in my speech, especially with regard to the first named Ordinance, that it should be fully realised what the provisions of that Ordinance are and the heavy punishments, including in some cases the penalty of flogging. I think it is very desirable that that should be widely known and that it cer- tainly does apply to mui-tsai. The Offences against the Person Ordinance covers every- thing from common assault to murder or attempted murder. It is very desirable, when dealing with mui-tsai, to call attention to these measures in an Ordinance which will be translated into Chinese and let people know that there are such laws, and that their pro- visions are very stringent. It is just a sort of reminder.
THE ATTORNEY-GENERAL-I do not see any great objection except that I do not think it is necessary. The same object might be attained by some form of advertise-
It seems rather unnecessary to state that a law-already passed--is in force.
ment.