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things, become fond of her, take an interest in her fate, sometimes send her to school with their own children and are able to provide a far better marriage for her than she would make from her own "home. Others, however, point to cases of cruelty to these children. "and to the danger that the male members of the family may believe "themselves to have a right to tamper with the Muitsai girl and take advantage of her as soon as she reaches puberty, thus spoiling her chance of a good marriage.'
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This description of the Muitsai would not be generally accepted, nor does it agree with the documents containing the present Com- mittee's terms of reference, but it gives an outline of the problem that suffices for the purpose of these preliminary obervations.
indicates an
The Hong Kong Legislature has not attempted the task of defining The word a Muitsai. For practical purposes, she may be described as a Chinese Muitsai probably girl found in a Chinese family in some form of domestic servitude or existing state domestic bondage, although the bondage be without legal foundation. or condition. The Secretary for Chinese Affairs in Hong Kong and his advisers appear to adopt some such definition to determine whether a child brought to their notice is a Muitsai or not.
The sale of Chinese children was the subject of many speeches, Correspondence memoranda and despatches. These were collected and published as a alleged existence
respecting the Command Paper in 1882.
of Chinese Slavery in Hong Kong 1882.
Appendix No. 11,
Lord Kimberley
considered sales of children
mere nullities
In his concluding despatch, Lord Kimberley on the authority of the Law Officers of the Crown expressed the view that these sales were not criminal offences. They were mere nullities. Lord Kimberley reached the conclusion however that the condition of these children and orders
an enquiry. was one of peril. He ordered an Enquiry in Hong Kong. Since Lord
Appendix No. 11. Kimberley's Despatch, legislation has been passed in China giving Adopted girls adopted girls a definite status, and a share of the estate of their adopted have now a parents who die intestate.
status in China.
In the case of Chinese resident in Hong Kong, but domiciled in And in China, the Chinese status appears to prevail.
Hong Kong.
There can, however, be no doubt that the sale of a child as a Sale of girls Muitsai is and has always been void in Hong Kong.
as Muitsai void.
Report. Appendix No. 12.
In 1883, Mr. Russell, then a Puisne Judge of Hong Kong, a cadet Russell P. J. officer, who had acted as Registrar General of Chinese for many years. presented a full report. This Report, with the subsequent corres- pondence, is annexed not only because of its great interest and thorough appreciation of the subject but also because it has apparently been almost overlooked. Its alleged non-existence has been made the basis of violent attacks on the Hong Kong Government.
of the Executive
The part of Mr. Russell's Report most material to this enquiry The clothing is his recommendation that the Executive should be given powers with power of to intervene for the protection of any of these children where neces- protection, sary. Colonel Stanley, the then Secretary of State, in discussions on this report stated that it was the duty of the Executive to take the widest powers, and that to prevent abuse of these powers the Execu- tive Officer should be associated with a Committee of Chinese gentle-
men.