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THE HONG KONG" DAILY PRESS, FRIDAY, OCTOBER 25, 1929.
SECRETARY OF STATE AND MUI TSAI.
REGISTRATION TO BE ENFORCED.
NEW BILL PASSES FIRST READING.
GOVERNMENT'S STAND IN THE MATTER.
At the Legislative Council meeting yesterday, the Attorney- General, in moving an Ordinance to amend the Protection of Women and Girls' Ordinance (1897) intimated that the Govern- ment had received instructions from the Secretary of State for the
Colonies that all mui tsai are to be registered.
"I should like to repeat that many people do not seem to ap- preciate that the law of Hong Kong does not recognise, and never has recognised, that the payment of money gives any right of possession or control to any persona over other human beings," he declared.
RIGHTS OF PARENTS OR GUÀRDIANS.
The Attorney-General explained, against the interests of the girl if that the new Ordinance proposes to she should be debarred from coming make various alterations to the to the place, which her real home. Protection of Women and Girls The S.C.A. will be able to control Ordinance, 180T. It representa no the administration of this section. change in the Government's pre- sent policy, and no very great change in the law.
The main objects of the Bill were (a), to strengthen the hands of the authorities in dealing with elusive and persistent traffic in women and girls, and (b) to get rid of apparent discrepancies in the present law.
No Defence."
ance.
|
WARRANT OUT FOR BARRISTER.
MR. N. 1, BREWER FAILS TO ANSWER SUMMONSES,
An official statement issued from Polico Headquarters yesterday reads: "A warrant has been issued for the arrest of N. I. Brewer, barrister-at-law, for disobeying
three sunimonses for alleged offences under Section of the Perjury Ordinance, No. 21 of 1922, and under section 71 of the Larceny Ordinance, No. 3 of 1863."
The warrant, it was learned, was inued, on Wednesday afternoon, after the failure of Mr. Brewer to respond to summonses which were to have been heard in the morning.
It will be recalled that on August 6 last Mr. Brew was publicly examined before the Chief Justice in accordance with a Court Order in connection with the affairs of the Instone Banking Corporation.
there are very good grounds for so doing. It is obvious that there are enormous difficulties on the part of the Crown to prove that a girl is a mu tani. It might involve prov-1 ing a payment of money made many years before, and perhaps made in the middle of China. The employer, on the other hand, should had it easy to prove what the girl his control, so that, though the really is, and how she came under onus may feel heavy, it is not un-
reasonable.
"Section 22 gives the magistrate power to find the age of the_girl, though no actual evidence of age
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A Chinese watchman employed by the Kowloon Canton Railway At the meeting of the Legisla was charged before Mr. T. 3. Whyte tive Council yesterday. an Ordi possession of 39 tacks of ras opium. Smith at Kowloon Magistracy with.
nance to provide for the incorpora- The defendant pleaded guilty, and ten of the Trustees of Chater was fined $1,140 or six months' Masonic Scholarship Fund was pro. hard labour.
Shenton, and seconded by the Act- posed by the. Hon. Mr. W. E. L.
ing Colonial Treasurer.
sons of the Ordinance, Mr. Shen.
Another Concession," "For a short while after its introduction, he will not enforce registration in the case of mui teal residing here but temporarily out of the Colony provided that, on their return to Hong Kong, the em ployers take the necessary steps to
Revenue Department, who prosecut Mr. B. C. K. Hawkins, of the register the girls under the Ordin-may be offered in the first place."
ed, said defendant was stopped Section 23 is intended to be one leaving Ynumati railway station of the steps to clear up inconsist carrying a parcel. He was search. Explaining the objects and rea- The proposed Bill provided that "Clause 3 repeals two sections of encies in the previous Ordinance toed, and opium was found on his it is no defence to the charge of the principal Ordinance. Contrary which I have referred in introduc-person and in the parcel, trafficking in females that the to appearance, this does not weakening the Bill, and provide that any The defendant and he had picked victim herself consented to the the safeguards of the principal rights of guardianship possessed by the parcel up at Shatin, and was transaction, he went on. The Ordinance but really strengthens it. the S.C.A. must be subject to going to the Kowloon office to re- powers given to the Secretary for Section 7 of the principal Ordia- Section 10 of the Ordinance.
port the matter. Chinese Affairs as regards the deance was inserted during the Bill's tection of offences will be also passage through the Committee strengthened. At present he has stage of this Council, and provides power to search, but no power of that in the event of prosecution for arrest or "seizure of things which overwork or ill-treatment, medical may be useful as evidence in subse evidence must be given to the quens magisterial proceedings. magistrate and the magistrate must
find whether gross cruelty has a curred or not. If so, the offender must not be given the option of a fine, but must go to prison.
It also gives him power to ques tion persons found on any premises he, searches,' and it will also be an offence to obstruct such search.
The Bill would also make quite cicar that the natural rights of the parents or lawful guardians of the girl who has been adopted" for payment of money are not ab solutely negligent. make it quite clear that the statutory guardianship given to the S.CA where a girl has been parted with, should he exercised subject to the provisions of the Female Domestic Servants Ordin-
ance.
1.
Two Dangers,
Former Chief Justice.
The new. Section 24 is another section intended to facilitate prov ing offences, and is a provision for
The prosecution pointed out that he could have reported the matter cok as if he was going to Kowloon at Shatin station, and he did not when arrested. It was suggested by the prosecution that the opium had
by arrangement.
dropped from one of the trains said defendant had been employed 3. F. Winyard, of the E.C.R., by the company since 1913, and had recently been promoted to the pest
linking up various parts of the register to be kept under the Ordin- anco. It provides, for example, that you have the sume serial num bers on the descriptive part and the photographs of the girl. Thus it is easy to link up the two, and the of watchman. photograph is to be taken to the Mr. Hawkins pressed the charge photograph of the girl whose des and pointed out the seriousness of cription, bears the same number,
the offence. The defendant had Sirtaken advantage of his position, and uniform to smuggle contraband.
"There are two big dangers in this Section. It is always possible to overlook particular and unusual
In passing." concluded It will also provisions, and in a case of prose- cution in an instance like this there might be failure to produce medical evidence, and it is possible that a conviction might be quashed.
"Then again, medical evidence in a case of cruelty might be negatived, as the doctor might not see the person concerned until Romo time, possibly days, after the as- sault and the actual marks of violence might not be evident.
Female Domestics.
Particular provision is made to so that mai lani under the age of 18 years, who wish to return to their parents, do so without the pay ment of any money whatsoever un less the S,C-An acts any objection, in the interest of the mini" tsui, to ber
return.
Section 7 is therefore repealed,, but the essential features are re- produced in the new section which a contained in clause 7 of the new Bill. It states that the magistrate shall find whether the acts or omis sions proved, if any, amounted to gross cruelty, and if in his opinion they amounted to gross cruelty the offender shall not be given the option of paying à fine but shall be
"I desire to observe," said Sir Joseph, that the general object of the Bill is to assist the Govern ment further in settling its policy un the subject, which is to bring to an end, as soon as possible, the pre-sentenced to imprisonment for any sent practice of the employment
term not exceeding one year.
of mui tai. The abolition of that **Clause 8 was inserted to draw practice, in spirit and not merely attention to the fact that the pro- in law, cannot be effected merely visions applied to mui tri as well by "legislation, but requires public as to other persons, continued Sir opinion to be educated on those Joseph. It seemed unnecessary to lines. Continued pressure in that the speaker to preserve n section direction is required on the part which, in effect, said that the exist of the authorities.
ing law should continue to exist.
"Legislation is necessary to do that, and it is most necessary now.
"I also have to announce that the Secretary of State has directed the registration of multi now to
8.0.A.'s Powers.
the powers of the 8.C.A. vented The new Ordinance would make under the provisions of the prin be enforced, and Part 3 of the 1933 cipal Ordinance subject, in every Ordinance must come into force, I case, to the provisions of Section venture to express the hope that vides that in cases where any mui 10 of that Ordinance, which pro- employers will accept the situation i wish to be restored to their and register promptly as, if they own parents, and who are under do nnt, it may be necessary later
12 years of age, and parents wish-
visions.
to introduce more drastic pro- ing that mui tai be restored to The Government has no inten.then, shall be restored without any tion of permitting this regulation Payment of money unless the S.C.A to remain a dead letter.
sees some objection to the girl's in- terests in the restoration.
"Clause 8 proposes to insert various sections in the principal
Stopping Importation. "Clause 2 introduces prohibition
Ordinance," continued the Attor against bringing into the Colony hereafter any mai, trai unless sheney-General," and provides that has previously been in the Colony after prosecution is instituted for and has been registered under this-treatment, and the magistrate Ordinance. There are two. limite. does not find the girl was a miti tions. One is permanent and the, he can still convict for com-' other is temporary which will demon assault. pend upon its administration.
"The permanent one is that mui to previously in the Colony and
The new section 21 is of great importance. There are two great difficulties to be faced-detection
registered may be brought back. It and proof. "The difficulties of detee-
seems obvious that this must be. If other matter, and I think we ea tion are enormous. Proof is an- a mùi trai hab lived here some years and her household belongs to Hong meet that to some extent by légis Kong, if would be against her in lation. I an endeavouring to do
terests if she was not allowed to O by Section 23, which throws on return after staying temporarily the accused a very unusual onus elsewhere. It is hoped that this and provides that it shall be pre privilege will act as an inducement sumed, until the contrary is proved, to registration.
that the girl is a mui teat, and it Before any mui trai can be will be for the accused to prove, if taken out of the Colony, a report he can, that the girl is not a mui must be made to the S.C.A- and the taai. girl must be produced before him.
"The temporary limitation is intended to meet the case of a mui tani who may be out of the Colony when registration comes into force. It would be unreasonable and.
Hard to Prove.
the consent of the S.C.A., and he "All prosecutions will require will not give his consent unless (Continued on next Colump.)
Joseph, I should like to observe that the diele of a certain former Chief Justice have been quoted fre- quently on the subject of mui trai. think it is my duty to say, with all respect, that statements of that learned Chief Justice. are always a safe guide."
not
The Magistrate remarked that the maximuth penalty was 8.000, but Mr. Hawkins replied that defem- dart would lose his position in any ease,
The fine of $1,140 or six months' imprisonment was then imposed.
too said that on the retirement of the late Sir C. P. Chater, Et.. C.M.G., from the office of District Grand Master of Hong Kong and South Chine, an office he had held for more than 30 years' various the District contributed funde for Masonic Lodges and Chapters in the foundation of a Scholarship at the University of Hong Kong to be awarded to the fatherless children
of Masons: This fund known as the was administered by a Board of Chater Masonic Scholarship Fund Trustees.
The Bill provides that the Trustees of the Chater Masonic Scholarship Fad and their succes- sure in office shall be a body car. rorate thereinafter called "the Corporation "y and shall have the name of "The Trustees of the Chater Masonic Scholarship Fund" and in that name shall have per etual succession, and shall and may sue and be sued in all courts in the Colony, and shall and may have and use a coramón séal,
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