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HONGKONG DAILY PRESS, FRIDAY, DECEMBER 29TH, 1932.
HONGKONG LEGISLATIVE
COUNCIL.
The COLONIAL SECRETARY: This resolu The custom of employing mui tsai has tion is brought forward because it is grown up in the course of long" years of found that the amount of business in the adjustment to social and economiù village of Stanley is very small, as a com. conditions and we realise that we' incur" paratively small number of junks visit certain dangers in attempting to deal
THE MUI TSAT BILL INTRODUCED. there. It is desirable to adopt the same with that custom. There is a danger
ATTORNEY GENERAL ON "CONFUSED, IGNORANT AND UNSYMPATHETIC" "CRITICISM.
PRESENTATION OF HUMANE SOCIETY'S CERTIFICATE,
INVESTITURE OF MR. A. G. M. FLETCHER, C.M.G.
A meeting of the Council was held] yesterday. Present; - HIS EXCELLENCY THE GOVERNOR (Sir
R. E. SToans, K.O.M.G.). H.E. the General Officer in Command of the Troops (Major-General Sir Joux FOWLER, K.C.M.G., C.B., D.S.0.). Hon. Mr. CLAUÒ SATKAN, C.M.G. ¿Colonial!
Secretary).
Eon.
MESSER
(Colonial
REGULATIONS.
„The Colonial. SECRETARY, by command of H.E. the Governor, laid upon the table the following papers:
Two Orders under section 9 of the Post Office Ordinance, 1000, dated 9th Novem- ber. 102:
Amendment of regulations under the Hon. Mr. J. H. Ker, K. C.B.E.Public Places Regulation Ordinance, 1870, Lin respect of Wongneichoug recreation (Attorney-General).
ground, also amendment of the regula Mr. Mcl. Treasurer).
tions under the Ordinance of 1570 in Hon. Mr. E. R. HALLICA OBE, respect of King's Park and Sookunpoo; (Secretary for Chinese Affairs). also in respect of the Queen's 'recreation Hon Mr. E. A. InvING (Director of ground, under the Queen's Recreation
Grounds Ordinance, 1898;
Education).
Hon. Mr. T. L. PERKINS (Director
Public Works).
Hon. Mr. H. E. POLLOCK, K.C.'
Hon. Mr. E. V. D. PARR:
Hon. Mr. A. D. Land'. ;
Hon Mr. CHOW SHOP-SON
Hon. Mr. A. G. STEPHEN.
Hon. Mr. Na Hon Tзz.
of
Mr. A. G. M. FLETCHER, CIM.G. C.B.E.
(Clerk of Councils).
PRESENTATION OF THE ROYAL HUMANE,
: SOCIETY'S CERTIFICATE.
N
H. THE GOVERNOR: Before proceed. ing to business.. gentlemen, I have the pleasure of presenting the Royal Humane Society's certificate to Mr. Frederico Leocadio, Silva, for an act of gallantry in the course of this year. On the 12th June, 1922, a Chinese, widow on the Star, Ferry which was making the trip in darkness, at 9 p.m.. jumped overboard from the lower deck, evidently with the intention of committing suicide. Mr. Silva, on the upper deck, heard the splash and a shout of "Somebody over bourd." He ran to the side of the launch, and, while endeavouring to locate the person in the water, he removed his coat and kicked off his shoes. When he eventually saw the woman in the water she was a good" distance astern. He jumped from the upper deck, swam to the woman and, getting hold of her, swam to a lifebuoy which had been thrown overboard. He placed the woman on the booy, and he himself bung on until the ferry boat came back and they wert, taken on honrd. On these facts being reported to me, I had the pleasure of bringing them to the notice of the Royal Humane Society, which has decided that Mr. Silva is entitled to, a testimonial.
pleasure in handing it to him.
Mr. Silva then stepped forward from the back of the Legislative Council Chamber and received the Certificates from His Excellency who shook him cordially by the band.
MINUTES.
Regulations under section 37 of the Merchant Shipping Ordinance, 1500, dated 2nd November, 19;.
Three Orders under section 9 of the Post Office Ordinance, 100 dated 16. November;
Eight regulations under the Dangerous Goods Ordinance, 1973, alt dated 30th November:
An order under section 7" of the Eating Ordinance, 1901;
*
A regulation under section of the Dogs Ordinance, 1903, dated November 30th;
Two orders under section 4 of the Rents Ordinance, 1922, dated 12th October and 23rd November respectively ja
A declaration under Societies Ordin- Lance, 1720;
Quarterly return of excesses on süb- heads met by savings under heads of expenditure.
in the Government Gazette.
All the regulations had been published
fee as is in force in the New Territories. that we may lose the quasi-parentak. Care will be taken that liquor distilled control and responsibility which I am→ in Stanley is used there and not moved sure..the better class of employer recog elsewhere so that the object of the reaises There is also the danger that w duced fee is not set aside.
may increase the risks of neglect, kid-
The ATTORNEY-GENERAL seconded and aapping and prostitution. But when all the resolution was carried."
CHINESE WINE AND SPIRIT SHOP LICENCE (STANLEY). The COLONIAL SECRETARY moved the following resolution:
allowances and apologies are made for. ill-informed criticism, and while we acknowledge that, the sustom of employ- ing mut tai is by no means wholly bad and that many of the mui tsai-I think It is hereby resolved that the Second the majority-are contented with their Schedule to the Liquors Consolidation lot and are fairly well off, and while we Ordinance, 1911, be amended by the achdi recognise the dangers of this legislation," tion of the following sub-heading at the it cannot be denied that the system does end of the heading Chinese Wine and Spirit Shop Licence:(7), Stanley, lend itself to abuse, and grave abuse, in the hands of evil and unscrupulous | persons. Hence this Bill. sal
The Bill is divided into four parts
$25,"w
The 'COLONIAL, SECRETARY
The same
17
reasons apply for reducing the fee as in the case of the former resolution.
The ATTORNEY-GENERAL seconded and Parts I and IV. may be called formaki the resolution was carried, A
Part Iis intended to or auxiliary. THE MILITARY LANDS QUESTION. come into force as soon as the Bill.
The Hon. Mr. H. R. POLLOOK, K.C.passed and the Ordinance is 'gazetted" asked the following question:" Will the Part III, is to postponed and "not to Government give information to the come into operation until proclaimed hy Council as to the progress of the negotia- tions for the transfer of the Military the Governor-in-Couücil. Part II. pro-d Establishments from their present sites vides that hereafter no one is to take to other sites which will not impede the into bis employment in the Colony ny commercial and residential expansion of nini tsai as a mui tuli, and Part III. the Colony !?
The COLONIAL" SECRETARY, replied: provides that all mui tsni are to be The focal negotintimis were concluded in registered, that me..one is to employ an the month of May this year and the unregistered mui tai and that all mui conditions on which the Military Estab tsai over a certain, age shall be entitled lishments should be removed to other
sites were forthwith submitted to the to wages. Colonial Office and War Office. The r Now as regards' the details of the "Bill" sult of the discussion which subsequently Clause 2 of the Bill is declaratory. took place between the two departments
ment.
has not yet been notified to this Government by an intending employer to a.parent or guardian of a child Kas never in this Culony conferred any rights whatever on such, employer to retair
THE MUI TSAI PROBLEM,
CRITICISM OF THE SYSTEM.
"CONFUSED, IGNORANT AND' ENSYMPATHETIC" Possession of the child as against the parent, or even to retain possession of the child as against the child itself. The ATTORNEY GENERAL: Sir, I beg to The clause, therefore, is simply declara, An Ordinance to regulate certain forma definition clause. A mui tsaicis. defined more the first reading of a Bill intituled tory of the existing law. Clause 3 is the
of female domestic service." This Big a female domestic servant whose introduced on thy instructions of the employer has obtained her (ii) servicas Secretary of State for the Colonies, and of the definition is intended to cover two by means of a payment. Paragraph (1.) is an attempt to deal with the much-
It
mui taal.
employer
TRAMWAY EXTENSION. The COLONIAL SECRETARY moved the perhaps, more discussed than understood. another; and the ether is the case wher.
discussed mai tsai questiona question, cases one is the case where the girl has boon transferred from one employer to following resolutions:-
I say that because I think it is only fair the employer has died and the care of of the Tramway Ordinance, 1902, it is criticism-though not all of the custom has devolved on the widow, the son, or Whereas by the provisions of Section to admit at the outset that much of the, the house and the custody of the chill der alle provided that subject to the of employing mui tsai is confused, the concubine of the employer." approval of the Governor-in-Council after ignorant and unsympathetic advertisement or otherwise of the inten- largely due to the use of the terms into operation at once. It provides that timely and adequate notification by public I think that the confusion of mind is of the Bill, the part which is to conta Clause is the main clause in Part II.
tion of the Company to apply for such slavery"" for what is not slavery at all. no person shall hereafter take into his approval and after such approval has Mai tani are not slaves; the control of employment any mui taai. That, of been confirmed by a resolution of the the employers is not recognised in any course, will not prevent anyons taking Legislative Council the Company may way by law the girls are members of into his employment as a bired servant construct and maintain subject to the the family, though humble members of a girl who was formerly a provisions of the said Ordinance and in it; and Chinese custom recognises certain Clause 5 provides that no accordance with plans to be previously obligations of the employer towards the shall hereafter take into his employment sited in the Office of the Director of mut to. It is impossible, of course, to any female domestic servant under the Publio Works all such lines, crossings, passing places, sidings, junctions, turn-argue this point new, and I have no age of ten years. That is intended to tables and other works in addition to or desire to do so, but perhaps I may be prevent evasion because in the case of as extension of those particularly specified allowed to give one illustration that came children under 10 it would be very dif in and authorized by the said Ordinance under my notice the other day. In a cult to prove that they were or were na may be approved of by the Governor recent murder case at the Criminal not mui tsai. Clause G provides that in Council and may work and use the Sessions one of the witnesses was a little every employer of a mui teai must pro- same:-
girl of about 13; she was bright, intelli-Vide the girl with authent food and And whereas timely and adequate gent, well-clothed, obviously well-fed, and clothing and medical attendance in enses Irom this Society, and I have much the intention of the Company to apply gently, except that dhe very nearly broke mui taai shall overwork or ill-treat a mui notification by public advertisement of she gave her evidence clearly and intelli- af illness, and that no employer of a for the approval of the Governor-in- down two or three times in speaking of tani or subject her to any punishment Council to the construction and mainten- her mother, the murdered woman. to which he might not reasonably subject ance of an additional 1.113 yards of was only nearly at the end of the cas expresses a duty already recognised by his own daughter. That, I think, really tramway track commencing at the pre- for the Crown that we discovered what all good employers, who, as I said b sent terminus at Wongnefchong village none of the police or Court officials had fore, are in a large majority. side of the Happy Valley) and Leighton daughter of the murdered woman at all, the postponed part. along Wongneichong Road (on the eastern known till then-that the girl was not the
That brings us Fart III. of the Bill- Hill Road, to connect with the existing but a mui taai. She had referred to the power of making regulations.
Clause 7 gives line at Morrison Hill Road, in accordance woman throughout as her mother." Igulations that are at present proposed The, re- with a plan deposited in the Office of the think that class of incident would rather have been published in draft with this Director of Public Works has been given: surprise some of the critics of the custom, Bill.
"And whereas the Company has duly Te would also surprise them to know that also with notice of the death of the They deal with registration, and Applied for the approval of the Governor our Chinese servants at any rate in some employer of a mui taai and with the THE LATE KL MURRAY STEWART,
Council to the construction and main cases-apply the term "mui tazi" to wages of mui tani. H.E. THE GOVERNOR":
Clauses 8 and 9 tenance of the said track: Gentlemen, I
some European members of our house-require registration, and prohibit the have bere a letter which I should like did on the 9th day of November, 1992, duties in connection with the upbringing Part of the policy of the Bill is to pre- "And whereas the Governor-in-Council holds who have important and honourable employment of unregistered mui tsai: to read to the Council. It is from Mr. approve of the construction and mainten- of our children. The fact that Chinese vent transfers of mui tsai from one Gershom Stewart and is addressed to the ante of the said track,, subject to certain apply the term to persons of that class employer to another, but it is obvious, of Clerk of Councils from the House of conditions: '
shows that the word cannot have for them course, that the case of death must be Commons 21st October, 1992, and is as "Now it is hereby resolved that the the connotation of "slavery," as so many provided for, and section II., whilst follows:
approval of the Governor-in-Council so critics of the system think.
prohibiting transfers, provides that on DEAR SIR-On my return from abroad given as aforesaid shall be and is hereby The criticism, too, 1. àm afraid, has the death of an employer the Scorotory I two days ago I found your letter convey tained in a letter from the Director of society of repute which considered it had which he may think it for the transfer"
confirmed, subject to the conditions con- often been ignorant One well-known of Chinese Affairs may make any order ing the very kind voto of sympathy from Public Works to the Secretary of the a duty to go into the question-and, advim of such faini taal to a new employer. No. the Officer Administering the Govern- ment and from the members of the Company dated the 14th day of November, H.M. Government, wrote a formal letter doubt in the case of death of an employer Legislative Council of Hongkong in the 1992, copy of which is attached hereto in, the belief that there were boy as well child over to the enre of the widow if in the ordinary way he would give tha. death of my brother, Mr. Murray and provided also that the said track as girl mui tenia surprising mistake she were a fit and proper person and Stewart. On my own behalf and on behalf, and all works in connection therawith Two other: societies in addressing them the conditions of employment were of all the surviving members of his family shall be subject to all the powers and selves formally to the question talked sufficiently good to justify that order.. I would ask you to convey to them our provisions of the Tramway Ordinance, about declaring mui tsai illegal, evidently Sub-clause (2) of that clause provides grateful thanks and appreciation of the 100%.***
ignorant of the fact that mui tai is the that when any person becomes the actual The COLONIAL SECESTART said: This name of a person and not, of a thing employer in fact of a mui tsai owing to Both he and 1 spent many happy years patension of the tramway has been made. Mistakes of that kind are perhaps only death or for any other reason, such new in Hongkong, and perhaps I may be consequence of the development of the surface mistakes, but I am afraid they employer must report that fact within permitted to say how I rejoice to see the district of Wongneichong and in order do show the existence of a certain type of one week. Clause 12 provides that continued prosperity of the Colony.to avoid the congestion caused on mind uncritical and rather apt to jump every mai tasi. of or over the age of 10 the occasion of race meetings by the to conclusions without sufficient evidence. years may leave her employment at any terininal line at present in existence. The line is being laid ap that a large
I think that what is more importanti time without any notice and without any number of trees, mostly camphor trees, perhaps than confusion of mind or ignor payment to any person. That claure The COLONIAL SECRETARY, by command will not have to be cut down. The ance of details is lack of sympathy with again is merely declaratory, as at the of H.E. the Governor, laid on the table destruction of a few trees is involved Finance Muptes Nos. 4 to 59, sad an and the work is now well advanced. additional Financial Minute relating to the Public Works Extraordinary, and the resolution was carried.
The ATTORNEY-GENERAL seconded and moved that they be referred to the Finance Committee.
#
The minutes of the last meeting of the Council, held on October 20th, were approved and signed by the President.
وگ
kind references made to him:
am, oto,
GRESKOM STEWIET., VIMANCHE
The COLONIAL TREASURE seconded, sad
DIRTILLERY LICENCES.
tion has an ancient and an honourable to do so. Clause 13 provides that every an alien civilisation Chinese civilsa présent moment such girls have the right
record, and I, for one, think that in some mui tsai under the age of 18 who wishes respects, it is superior to our own. I to be restored to her parents, and every do not say that the custom of employing mui fai under 18 whose parent wishes mui tea is one of those points. The the mui teal "restored to his or her
the motion was agréed to."
following resolution the
very different from ours, and to embark Secretary for Chinese Affairs sees some The COLONIAL SKUMTAty moved the fend the civilisation is custody, shall be so restored unless the on the task of changing that social grave objection. That clause, too, is The COLONIAL SECRETARY, by command after the first day of January, 1923, the may well cause even the boldest legis- the Becretary for Chinese Affairs a right It is hereby resolved that on and structure, even in one detail, is one that largely dedaratory, except that it gives of H.E. the Governor, also laid on the fee of $400 per annum prescribed for lators to pause. It is recognised, there to enquire into the case in the interests table the Report of the Finance Com Distillery Licences in the Second Schedule fore, that we must go slowly and care of the "girl herself For example, as mittee No. 13 and moved that it be to the Liquors Consolidation Ordinance, fully, and we are anxious to avoid doing have said in the "Objects and Reasons, adopted.
1911 shall be altered to a fee of $20, in any violence to sentiment and customs he might rotus permission to restors a The COLORIAL TREASURE BOOoded, and respect only of such licence issued at with which perhape we are not in entire girl to the custody of s mother who was the motion was agreed to.
Stanley."
living an immoral. Títő: