250
.
3. In theory, the Pei nü (maid-servant or slave girl) system has no existence in China, where slavery, expressly forbidden in the latter years of the Manchu dynasty, is now a punishable offence under Article 313 of the Criminal Code of the Chinese Republic; but, in actual fact, it is in force from one end of the country to the other. Girls are everywhere openly bought and sold for maid-servants or slaves, the euphemism Yang nü (*) "adopted girl", usurping the place of Pei nü () so offensive to the ear of (養女 the law, and their use as domestic slaves in the families of well-to-do Chinese is too common to call for comment, except on the rare occasions when inhuman treatment oc- casioning the death or injury of some unfortunate girl is brought to light. One such case of revolting cruelty, to which prominence was recently given in the local Chinese press, has induced a few social reformers to start a "Society for the liberation of Slave Girls" in Amoy, but the support given to the Society is of a perfunctory and apathetic nature, public opinion being as yet unconvinced of the necessity of interfering with an age long custom. This indifference arises in all probability from the belief shared by all classes that the generality of slave girls are well treated by their mistresses.
3. An agreement for the sale or purchase of a slave girl in any form other than that of "adoption by purchase" (Yang nü), is void in law, and the principals are punishable under section 257 of the Chinese Criminal Code. On the other hand, the purchase of a girl for the purpose of becoming the concubine of a particular man, as distinct from procuration for the purpose of general prostitution, would not appear to be prohibited. in Chinese law, and is effected in conformity with local custom, which varies in some particulars in every province and, indeed, in every district. No agreement or bill of sale is, as a rule drawn up nor, if drawn up, would it be recognised as valid in law, but the assistance of the Chinese Courts can be successfully invoked for the protection of a girl whose person has been sold by her relatives against her will, and, more doubt- fully, to regulate the relations of the parties or arrange for their subesquent separation.
4. I have the honour to attach copy of the* Chinese* and English text of Articles 257 (1) and 313 (1) of the Chinese Criminal Code, to which I have made reference in this despatch.
I have, etc.
W. RUSSELL BROWN.
ENCLOSURE TO MR. W. RUSSELL BROWN'S DESPATCH OF 1st May, 1929.
Extracts from the Criminal Code of the Republic of China.
(Promulgated on 10th March, 1928, by the Nationalist Government).
CHAPTER XVI.
Offences against the Institutions of Marriages and the Family.
Article 267 (1):
Whoever with or without his or her consent-takes away any person, who has not completed the twentieth year of his or her age, from the person having parental au- thority, or from his or her guardian or curator, shall be punished with imprisonment for not less than six months and not more than five years.
CHAPTER XXV.
Offences against Personal Liberty.
Article 313 (1) :
Whoever brings another into a state of slavery shall be punished with imprison- ment for not less than one year and not more than seven years.
*Not printed.