› GOVERNMENT AND “MUI TSAI" SYSTEM.
YOUNG GIRL TELLS PITIFUL TALE.
TWO INTERESTING PROSECUTIONS
IN COURT YESTERDAY.
Two very, interesting mui tai prosecutions were concluded at the Central Magistracy yesterday in both of which Mr. A. W. G. H., Grantham registered convictions.
In one case, a Chinese was charged with bringing a nui taai into the Colony. He was fined $23. The full details of this case -the first of its kind-is reported below, from which it can be seen that the qui tai system ia still prevalent in China in spite In this case, it was given in evi- of assurances to the contrary. dence that the girl was sold for $143 in Bonam and was later brought to Hong Kong. She told an interesting though pitiful tale of her experiences.
THE HONG KONG DAILY PRESS, SATURDAY, APRIL 12, 1930..
After their arrival they wreat Arst to the Police Station and then to the Po Leung Kuk, where they interviewed the Committee as to the whereabouts of the girl. The Cour mittee asked the witness how much the girl was sold for: and whether she was sold as a mui tut. Wit ness replied that the girl was not sold as a uni tarai,
Did you tell Mr. Butters that the girl had been sold as mu Bi-No. I told him that she was sold as an adopted daughter.
Witness then agreed that he had given the defendladt a red card covering the transaction.
Answering a further question, witness said that he knew the de- fendant was one who was kind to children.
In the second case, that of a girl who was sold in order that her mother's funeral expenses might be met, has now been restor
in the case, woman who probably arranged ed to her father. The broker, the sale for a consideration, was fined $30, or, in default, öne mouth's hard labour. This ense Also is reported in full below,
H
"LAW IS VERY CLEAR," SAYS MAGISTRATE,
Mr. Hin Shing to defended in the case in which a Chinese named The Yuk was charged with bringing into the Colony an unregistered mui tani.“
Asked by Mr. Grantham as to how he would plead, Mr. Lo said, "I am pleadingNot Guilty,' as this is a case which ought to be in- vestigated."
The Adopting Habit You have no grievance against this man or his wife 1-le assaulted ma
At this stage, Mr. Lo explained to the Court that the defendant had
bad habit of adopting children. The boy which had been adopted By the defendant, although nine years of age, was engagel to a girl. The prospective mother-in-law lived next door and it was she who had given trouble to the witness, as she was probably jealous of the
Mr. Butters, addressing the Court, anid: On the third of this month this little girl, Lai Chun Har, aged 12, presented herself at the Central Police Station and com-girl. plained that she had been beaten because she did not cook the rice properly. She was sent to the S.C.A. but nothing was found on her to substantiate her allegation of a beating. We discovered, how- ever, that the girl had been brought down from Canton on or about March 91 and that she and bear sold in the eleventh moon last year
for 21-13 in Canton to the defend
ant as a muž tai,
This is the first case before the Court of bringing an unregistered a trei into the Colony...
Giving evidence, the girl, who had been assured by the Court not be afraid but to tell the truth, said: I am twelve years of age.
My father and mother are alive and both live in Honam. I used to live there, but came to Hong Kong this year, the defendant's wife, my mis tress, bringing me here. I lived with them in a barber's shop op posite the Central Market.
Against My Wi
Mr. Butters: How did you come
to leave your parents
BACK WITH HER PEOPLE.
PURCHASER RESTORES GIRL TO S.C.A.
FATHER UNDERTAKES NOT TO SELL HER.
ANNAM CHINESE PERTURBED.
BOOKKEEPING IN FRENCH UNWANTED BY TRADERS.
ANTICIPATE RUIN IF ORDER IS ENFORCED,
Ca Wednesday, Mr. A. E. Hall, . According to a Cantoa" vernacu defending a woman who was charglar report, the Canton Gen. ed with taking part in a trans. Feral Chamber of Commerce has received a letter from the Chinese action the object of which was to transfer the possession, custody and commercial bodies in Annam to the control of a girl of 10 years of effect that the authorities there have age, for a valuable consideration," | again instructed the, Chinese met- pleaded guilty to the offence, when chants to use the French language Mr. H. R. Butters of the S.C.A. in connection with their book-keep- explained that the girl had beening. It is pointed out in the let- sold to meet funeral expenses in- curred by the family through the death of the girl's mother.
The prosecution also stated that the defendant paid the money for the purchase of the girl, which
The Defendant's Veraion. The defendant described himself as an ex-barber and a pig rearer. He came to Hong Kong on an ex cursion, he said, and had brought two adopted daughters with him, one of whom was the girl involved On April 2, while they were preparing to return to Can- ton, the girl, who had just done up witness's clothing in a parcel, suddenly disappeared. He went to the Police Station, to report this and later he also went to the Potransaction was conducted with the Leung Kuk to make inquirks. consent of the girl's father. The grandmother actually negotiated the sale, at which time, she was assured that the girl would be educated and would be allowed to see her people from time to time.
r. Butters asked if at the time of the girl's disappearance they were about to depart for, Canton/ II.ao why was the girl so shabbity dress ed being almost in ragat Defend
at replied that she was not about to depart for Canton when she left the house. In fact, she had not been dressed at all.
Mr. Butters: She complained that she had been assaulted because she could not cook properly have a proper cook.
Asked if he had come to "Hong Kong na a permanent resident, wit ness said that he was just on an "excursion."
Mr. Lo's Views.
Addressing the Court on behalf of the defendant, Mr. Hin Shing Lo said: The facts of the case are before your Worship. I am in sym pathy with the movement whereby there should be no more mi trai in the community. On the other hand, I think it is impossible to stamp out the practice, evil as it. many be. There is no getting away from the fact that there is such a custom in China, and although, under the cloak of the system, dis honest people may take in a mu police station.
Did you call on a relative off into the family as an adopted yours who is an amah 7-Yes.
In answer to further questions by Mr. Lo, the girl said: On April 4 I was brought down to Hong Kong. Defendant's daughter aulted me- I went for a walk and I lost my Eventually I arrived at à
'WAY.
Is it true that before you were
sold to this man you had been to Hong Kong many times with your parents 3-Yes.
Then you know your way about ?--- No.
www
You found yourself in your re- lative's house 7-Yes.
The wind blew you there, I sup- pose? (No answer).
Do you know that the defendant
made a report to the Police after you disappeared?--I don't know.
Is it true that your lady relative taught you to say that you were old as a mui trai and not as art adopted daughter 7-That is true.
Father's Evidence.
доб
1
The father, giving evidence, stated: I did not sell the girl. I was sick and had no money. knew the defendant and presented him with my daughter to look after, The girl I was sold in Cantons he had been my neighbour for as a mui trai against my will.
many years. Did you see your father receiving
were sold
money did.
when you
Did you know how much it was? -I heard him say $115.
Was the defendant present at the time?He was.
When you came to the defendant's bouse in Hong Kong, how did you spend your time I was washing clothing for him while he was out selling.
1.
Nothing else -Nothing else. Do you remember the third of this month ?—No.
Do you remember going to the Police Station a few days ago to, make a complaint 7-No.
You must remember i-I can't re- member.
Mr. Lo (cross-examining): You say your parente are alive. Are they in court?—Yes.
Do you mean to tell his Worship that your parents sold you to this
Mr. Butters: Did the defendant present you with anything in re- tura-Some money for the pur chase of vinegar and ginger." Was ginger and inegar quired for your illu? Well, it
21
re-
was a sort of.
Mr. Lo told the court that ginger and vinegar money meant no more than the expenses incurred in bringing up the girl.
Mr. Butters. (to the father). Do you mean to say you were induenced by poverty?
The father: Yes, and it was for that reason that I presented my daughter to the defendant.....
"And for that reason you received 9145 as ginger and vinegar" money?-Yes.
And your daughter went to live with the defendant 7-Yes..
In auswer to Mr. Hin Shing Lo, witness said that he would not be prepared to present his daughter to anybody for $143. He knew de fendant for many years as a man of good nature. The latter had
daughter, there are nevertheless genuine cases of adoption as daugh ters, the facts of which can stand
the closest examination, and that is why I ask your Worship to go into the case fully.
It is evidently a fact that this man has presented my client with his own daughter to be adopted by my client. The circumstances in which the girl was given to the defendant
not were
known to What this woman did know was the woman relative in Hong Kong
that Hong Kong does not want mui tenis. The girl was quite happy with my client and his wife and his other adopted children, but I don't think she was happy with the woman, relative who came to the house. Perhaps there was something in the girl's mind to make her feel unhappy, and she went to a relative, and this relative taught her what to do.
The defendant is of the lower middle class, Chinese and I don't think he can afford the luxury of two qui tais in the family.
י
Mr. Grantham: We don't know that there is another one; moreover, she might not be a mui imi.
"Mr. Lo:. It is preposterous to think that a man of his position can afford to keep a mui taë, * He comes from a Hakka dan, and hay- ing no children of his own, he has fallen into the bad habit of adopting daughters and sons, 8 he did in this case. I submit that the little girl did not tell the truth with regard to the money and the deed. I think the father's evidence is to be considered, and
I ask your Worship, to attach weight to his evidence, which, to a great extent, corroborates" my client's evidence.
Sympathy of the Community. If a mui tani wants to free her. self from slavery, she has the sym- pathy of the community but a mui tai must not come to the Court to trums up charges. Fortunately her statements are not considered. serious and consequently there is only one charge against my client. Let me repeat-we must stamp out but we cannot easily stomp out a habit that has taken a hold on the Chinese. I ask your Worship to let the girl return to the de- fendant, who loves her, and not to allow her to fall into the hands of anyone who does not love her.
Some time later the grandmother went to the purchaser's house is order to see the girl but was told it would be better policy if the woman left the child alone and did not see her.. Becoming suspicious that the girl had been removed else where, the old woman made a re- port to the S.C.A, when investiga- tions were commenced and it was found the real purchaser was not
the defendant.
|
|
ter that there are in Annam over 20,000 Chinese merchants who have extensite transactions with mer- chants' in Canton, Hong Kong and the interior. The authorites in- structed them that shops which pay $300 or upwards in "business tax" anuually must observe the order as from January 1, 1931, and those, which pay 8200 or upwards from. January 1, 1932.
The letter adds that most of the Chinese merchants are unable to read and write French and have'no knowledge of foreign style book- keeping. They can employ foreign book-keepers, but since they have no knowkdge of the French langu- age, they would be unable to direct them. The new order would ruin the business of the Chinese mer- chants it put into execution. In conclusion,
the letter asks the Chamber to appeal to the Nanking Foreign Office to take us the mag
ter with the French authorities.
"At the earlier hearing Mr. Hall,It will be remembered that last indicated that the girl was in the Colony and could probably be res tored to the S.C.A. Mr. Grantham indicated that if that was the case, he would reserve sentence.
When the case, came up again yesterday, Mr. Butters informed the Magistrate, that the girl had been restored after the earlier hearing and was in Court.
Mr. Grantham: What does she say 1
Mr. Butters I asked her if she would like to go to her home and she said she would like to go to her father, who has promised never to sell her again.
Mr. Grantham: Does she know where she was taken to?
Mr. Butters: I don't know if she can say that. She was pro- diced, by a man who came into the Court the other morning. I asked
her about that man and she said that the man had only brought her out of the country and had done nothing else.
Mr. Grantham: Has she been with the defendant a long time?
Mr. Hall: I think she was taken away the very night by the real purchaser..
Mr. Grantham: Was she sold as a midi?
Mr. Butters: That is the allega tion of the prosecution. The de- the fendant paid the money to grandmother.
Mr. Grantham: month.
830, or
One
year, the authorities in Annam for- inulated the order, but the Chinese merchants protested and asked for the withdrawal of the order, the request being granted. This year, the authorities are trying again to enforce the order.
"COME AND BE HAPPY WITH ME."
COUPLE'S QUARREL AND ́AN. OTHER ADJOURNMENT.
Another adjournment had to be made when the case in which Mrs. Bertha Soares is summoning her husband, Mr. J. O. Soares, for maintenance, came up for hearing before Mr. Whyte-Smith at the Kowloon Magistracy yesterday.
Mr. J. T. Prior' appeared for the wife and Mr. Leo d'Almada, ST., wan for the husband.
Mr. Prior told the Magistrate that response to a, request by Mr d'Almada some time ago be forwarded him an agreement con- taining terms which the parties might sign. The draft agreement was submitted to Mr. d'Almada and he had recently received an answer to the effect that the husband, was willing to welcome the wife, who same would be treated in the manner as she had been treated in the past. Mr. Prior submitted that that was not satisfactory enough, as the wife should have an easier method of obtaining maintenance if the husband continued to treat her in the way he has done.
A Kowloon Case.
Mr. d'Almada argued that the A married woman of 376, Nathan letter sent to Mr. Prior was all that Road, appeared before Mr. Whyte-could be expected of his client, who Smith at the Kowloon Magistracy yesterday morning on a charge of ill-treating a mi tai, aged eleven. by assaulting her. The defendant was formally remanded for a week for hearing on April 23 at 2.15, bail being granted in the sum of $1,000.
YOUNG GAMBLER GETS
TWELVE STROKES.
STORY WHICH DID NOT SOUND CONVINCING."
man as a mai trui some time last been his neighbour for nearly eight the mui tai system in the work locality, he pleaded that he stole
year 1-Yes.
Not as an adopted daughter?— No.
years.
Mr. Lo: Your daughter has told the Court that she was sold as a Is it not a fact that the defend-mui tani and that she had been beaten 1-I don't know about that.
ant, beside, having you, has a boy and a girl? Yes.
Do you know that the other boy and girl are also adopted children of the defendant t-Yes.
You are the only daughter of your parents 1-Yes."
"My Good Friend,"
Your daughter say she has been Do you ill-treated by that man. think that is true -Probably not, as he is my good friend.
Before you were sold, you and Do you know that your woman your parents lived next door to relative is at the bottom of this this man (defendant) in Homan trouble-It is simply thie. My daughter did not know where to go and the relative took her to the Police Station.
Yes.
You and your parents know his family very well?-Yes.
When you came, you did e certain amount of housework-to gether with the other children of hist-Yes N
You had the same meal at the same table 1--Yes,
You were treated the same as the other adopted children 3-No, I was treated as a muë” teni,
In answer to further questions, witness said that it was through the instrumentality of the defend ant that he was enabled to came to
The defendant had, Hong Kong. been to Canton with the news that the girl was missing and had in voked the assistave of the father in an attempt to find the girl..
Mr. Grantham, in imposing a fine of $25, stated that the law was very clear. The Ordinance on the point read: "No person shall bere after bring or cause to be brought Any mui trai into the Colony unless such mui trai has previously been in the Colony and has been regis tered under this ordinance,"
The custody of the girl for the present will be with the Po Leung Kuk ponding consideration of the case by the S.C.A. The Magistrate made no order in this connection except to direct that the red paper (the document covering the trans- action) be returned to the defead- ant. His Worship added: It may be of sorae value outside the Colony.
was
would offer the wife the same trent- ment, subject to legal consequences, aa she was given immediately alter the marriage. But the wife imposing conditions to which his client could not possibly agree. His client was willing to welcome "ber back and was prepared to arrange
sister should live that his separate apartments. He is adopt- ing in attitude which means "come and be happy with me, if you can- can't help it.". He cannot not, sign the agreement, as it would be tantamount to submitting to servility to the wife,
in
Mr. Whyte-Smith remarked that he thought no one could make con- When a young Chinese was chargditions of marringe. Husband and ed with stealing various articles from a midwife in Belcher's Street and from a carpenter in the same
in order to send some money to a sick sister who was in the country. The Police, however, told the Bench that the defendant bad bought a gold wrist watch from the proceeds of his thefts. Defen- dant, however, insisted on telling Mr. Lindsell that he had stolen for the purpose which he had stated.
Mr. Lindsell: And yet you bought this gold watch 1
Inspector Bloor: He told me be had spent the money he got for these things in gambling.
His Worship. (to defendant). You have been gambling; that is what it' is? How old are you!
Defendant: Seventeen years. His Worship: You appear to be under 16. You will have six strokes on each charge, or 12 in all. The watch will be returned to the original complainant because it was bought out of the proceeds of the ante of her; properly.
wife had to abide by, the ordinary marriage laws. The wife should be treated as a married woman was entitled to His Worship suggested to Mr. Prior that as the husband was arranging for the sister to live
he elserbere, hoped something could be done for the couple to come together and leave the rest to be governed by the ordinary lawa of marriage.
Mr. Prior replied that the law of mariage was difficult to depend upon. He submitted that the wife should possess something by which ahe could, have an easier means of obtaining settlement should she be 511 trented further. The draft agree. ment was very mild in nature and the terms reasonable.
Before adjourning bearing of the calo to Thursday, April 24, at 2.15 pn, Mr. Whyte-Smith said, "I hope there will be efforts made for reconciliation. I think it absurd. that husband and wife should stay
has been no suggestion of infidelity part on, & trivial matter. There or anything of that sort.
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