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Appendix No. 4.
Extracts from Sir GEORGE MAXWELL'S Memorandum.
80. After these general observations, I venture to make eight suggestions for an enquiry into the practical details of the present law.
81. First. There is nothing in the Ordinance to declare the age at which a woman ceases to be a Mui-tsai. If she marries, she ceases to be a Muitsai. But if she does not marry, she may apparently continue to be a Mui-tsai for an indefinite period, although under Section 11 of the Ordinance, she can apply to the Secretary for Chinese Affairs, who can make an order on her behalf.
In Malaya, the "Mui-tsai Ordinance, 1932" of the Straits Settlements and the "Mui-tsai Enactment, 1932" of the Federated Malay States contain the following pro- viso to the statutory definition of a Mui-tsai :----
"Provided that any female domestic servant, the custody, possession, con- trol or guardianship of whom has been acquired in any such manner as aforesaid shall cease to be a mui-tsai on attaining the age of eighteen years or on marriage, whichever shall first happen'
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It is suggested that the Hong Kong Government might consider the advisability of amending its own definition by a similar proviso.
82. Secondly. The Ordinance contains no provisions for the release of children whose parents are dead, unknown, or resident in some place so remote that "restora- tion" is an impossibility. It also fails to provide for relatives and friends making application on behalf of an orphan. If the law were amended so as to provide that any relative or friend might apply on behalf of a Mui-tsai for an enquiry into the cir- cumstances of the girl's employment, and for "such relief as may seem to be suit- able" it would afford a measure of reasonable protection which, at present, does not exist.
83. Thirdly. It seems desirable, for the purpose of efficient supervision, to compile, from the Register, a table classifying the girls by ages, and giving the num- bers at each year of age. There have been no new Mui-tsai since 1923. An infant in arms at that date would be ten years old now. There can therefore be no Mui-tsai under the age of ten years, and very probably few under the age of eleven or twelve years.
For the purpose of the law, Mui-tsai now fall into three classes, namely:-
(i) those between ten and fifteen years;
(ii) those between 15 and 18 years; and
(iii) those over 18 years..
Although, in many cases, a Mui-tsai's exact age is unknown, yet it is necessary, for the purpose of the law, to assign an age to her, and there can be no real difficulty in carrying out this suggestion for a more detailed classification.
It is further suggested that this statement should be included in the Governor's half-yearly despatches to the Secretary of State.
84. Fourthly. It is open to question whether the statutory minimum wages are adequate (see paragraph 56). The value of the Hong Kong dollar fluctuates with the price of silver. At present, the Hong Kong dollar is worth about one shilling and six- pence. In Malaya, where the Straits Settlements dollar is worth two shillings and fourpence, the minimum statutory wages are two dollars a month for girls under the age of 15 years, and three dollars a month for girls over that age. It is not possible for anyone unacquainted with local circumstances to express any opinion regarding suitable minimum wages, and I content myself with inviting attention to the matter.