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25

THE HONGKONG TELEGRAPH. FRIDAY, OCTOBER 25, 1929.

MUL TSAI SYSTEM

DECISION.

SECRETARY OF STATE ORDERS

REGISTRATION.

GOVERNMENT POLICY.

present he has a power of search but he has under the principal Ordinance no power of arrest and no power of seizure of things which may be useful as evidence in the subsequent prosecution of an of- fence. These powers are given to him by this Bill. He is also given power to question persons found on any premises which he searches offence in the belief that some against the Ordinance has been or is being committed there. It is also made an offence to obstruct any such search.

An important announcement was, made by the Attorney General (Hon. Sir Joseph Kemp) at a

With regard to the second main meeting of the Legislative Council object of the Ordinance, that is the yesterday afternoon in introducing removal of certain difficulties in an Ordinance to amend the. Female our present legislation, the matter Domestic Service Ordinance, 1923. is a rather technical one. It is He said that the Secretary of fully explained in the Objects and State had directed that the regis-Reasons. The main objects of the tration of mui trai was now to be alteration which this Bill proposes enforced and accordingly. Part to make on that point are to make of the Ordinance would be shortly it quite clear that the natural rights brought into operation.

of the parents or other natural His Exellency the Officer Adguardians of the girl who has been ministering the Government (Hon. parted with in adoption or parted Mr. W. T. Southern, C.M.G.) Pre within return for payment of sided and there were also present: money, are. not absolutely His Excellency the General Of negatived, and in the second place ficer Commanding the Troope to make clear that the statutory (Major General J. W. Sandilands, guardianship of the Secretary for C.B., C.M.G., D.S.O.).

Chinese Afalfa given to him where a girl has been given in adoption or has been parted with by her natural guardians in-return for payment of money," shall be exercised sub-

The acting Colonial Secretary, (Hon. Mr. D. W. Tratman),

The Attorney General (Hon. Sir Joseph Kemp, K.C., C.B.E.)

The Secretary for Chinese Af-ject to the provisions of the Female fairs (Hon. Mr. R.A.C. North).

Hon. Dr. A. R. Wellington (Director of Medical and Sanitary Services).

Domestic Service Ordinance. The The Colonial Treasurer (Hon. particular provision which we have Mr. M. J. Breen).

in mind is one which provides that Hon. Mr. H. T. Greasy, C.B.Eif the parents of a mui tací under (Director of Public Works).

eighteen wishes to have the girl returned to them the girl must be returned to them without any pay- ment whatsoever unless the Secre tary for Chinese Affairs sees some grave objection to such restora- tion in the interests of the mut taai herself. In this, as in all other respects, the guiding principle is the question of the interests of the girl herself. I beg to move the first reading.

Hon. Mr. T. H. King (Captain Superintendent of Police).

Hon. Sir Henry Pollock, K. C. Hon. Dr. R. H. Kotewali, CM.G, LL.D.

Hon. Mr. W.E.L. Shenton. Hon. Mr. J. P. Braga. Hon. Dr. S. W. Ts'o, CBE, LL.D.

Mr. E. 1. Wynne-Jones (Deputy Clerk of Councils).

The Colonial Secretary seconded and the Bill was read a first time..

MUI TSAI ORDINANCE.

Registration to be Enforced

in Colony...

Hon. Mr. D. W. Tratman, acting Colonial Secretary took the oath and his sent on the Council,

Mercantile Marine Uniform. The Attorney General moved the first reading of a Bill intituled

The Attorney General moved the "An Ordinance to make provisions first reading of a Bill intituled "An with respect to the British Ordinance to amend the Female Mercantile Marine Uniform." He Domestic Service Ordinance, 1923." said: The object of the Bill is to He said: Before I proceed to the prevent the improper use of Bri- details of the Bill I should like, tish mercantile marine uniform, Sir, to make one general observa- The Bill is based on the British tion and to announce a decision, Mercantile Marine Uniform Act of In the first place, I would observe 1919 and the uniforms to be worn that the general object of the Bill are prescribed by an order of His is to assist the Government further

the first reading.

HONGKONG RADIO SUPPLY CO. Majesty in Council. I beg to move in its settled policy on this sub-

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The Colonial Secretary seconded and the Bill was read a first time, Air Force Uniforms. The Attorney General moved the first reading of a Bill intituled "An

Ordinance, 1895."

ject, which is to bring to an end 18 BOOK as possible the present practice. of the employment of mui isci. The abolition of that practice in spirit, not merely in letter, clearly cannot be effected by mere

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Ordinance to amend the Uniforms legislation but involves the pro-Ordinance. The permanent limita- trol the administration of this sec there might be failure to call He said:gressive education of public opinion tion is that mui tsai who have been tion and for a short while after the medical evidence. That might con The object of this Bill is to extend and continued pressure on the part previously in the Colony and have introduction of registration he will ceivably lead to questions as to to Air Force uniforms the protec of the authorities. To enable that been registered may, If they are not enforce the sections in the case whether any conviction on the pro tion already, given to military uni-pressure to be exercised and to as taken out of the Colony, be brought of mui taai who really belong to secution should be allowed to stand forms by the Uniforms Ordinance, sist in that education, legislation back again. It seems obvious that Hongkong and are brought back or not. It is possible the convic- 1895, I beg to move the first read is necessary and it is considered that limitation must be allowed.. If here after a temporary stay out-tion might be quashed on that ing,

The Colonial Secretary seconded subject is necessary now.

that further legislation on this the mui tea has lived here many aide the Colony provided that on ground. Then again, the medical years, possibly happily and con- their return the employers take the evidence in a case of cruelty may and the Bill was read a first time.

tentedly and the household to which necessary steps to register the girls very well be negative. It some

times happens that the doctor does she belongs is a Hongkong house-under the Ordinance.

Gross Cruelty.

not see the person assaulted until WOMEN AND GIRLS."

hold, it would be very unreasonable.

Amending Ordinance to Prevent Trafficking. The Attorney General moved the

other

I also have to announce that the Secretary of State has directed that registration of muti taai is now to be enforced and accordingly Part to her employers and probably Clause 3 of the Bill repeats two some time after the assault and 3 of the Ordinance will be shortly injurious to the interests of the sections of the principal Ordinance. even gross cruelty may fail to brought into operation. Corres- girl herself, if she were not allow- At first sight that might seem like leave marks which the doctor can pondence on this subject will be laid ed to return to the Colony after a weakening of the safeguards of point to after a lapse of some time. "pon the table at the earliest pos- perhaps a visit elsewhere. I hope the principal Ordinance but In-The absence of that evidence might

to ..wenken the sible date, I venture to express that that privilege of being allowed stead of being a weakening it is, tend

to gross cruelty. first reading of a Bill intituled "An the hope that employers of mui tsai to bring back mul teat who have I think, rather a strengthening of evidence as Ordinance to amend the Protec will accept the situation and been here and have been registered these safeguards. Section 7 of the Section 7 is therefore repealed," tion of Women and Girls Ordinance, register promptly, especially will act as an inducement to re-principal Ordinance was inserted but the essential features of the 1697." He sald: This Bill, Sir, as, if they do not do so, it many gistration, because if an unregister in the Ordinance during its passage section are reproduced in the new represents no change in Govern- be necessary later on to intro ed mui tsai is taken out she cannot through the Committee stage of section 18 which is contained in ment policy and makes no very duce

more drastic provisions. be brought back again. I should, this Council. It provides that in clause 7 of this Bill. There you will great change in the faw. Its ob- The proposed registration regula-like to add that the regulations every prosecution for overwork or find repeated the provisions that jects are two-fold, first totions are now under consideration which are at present in draft pro-ltreatment af a mui tsai medical the Magistrate must find whether strengthen the hands of the au- and will shortly be published. The vide that, before any mui tsai can evidence shall be given before a the acts or omissions charged thorities in dealing with the Government has no intention of be taken out of the Colony a report magistrate as to the injuries re- amount to gross cruelty and if, clusive and persistent evil of the allowing these regulations to re must be made to the Secretary for ceived by the mui trai and the he so finds he has no option of fin- traffic in women and girls and, main a dead letter.

Chinese Affairs and the girl must magistrate must find whether such ing the offender but must impose secondly, to get rid of certain In-

be produced before him.'

illtreatment amounts in his opinion a sentence of imprisonment, consistencies or apparent incon-

The temporary limitation of this to gross cruelty or not. If he finds; The case of section 8 of clause sistencies in our present law.

which is also repealed by clause As to the first point, there are

I now come, Sir, to the details of new section 4 (a) is intended to there was gross cruelty then the

must not be given the 3, is somewhat, "different. That. two principal changes effected. In the Bill and I hope hon, members meet the case of mut taat who may offender the first place it is provided that will bear with me if I go into them be temporarily out of the Colony option of a fine, but must be sen-again was inserted in committee there shall be no defence to a in some detail. Clause 2 of the at the time the legislation first tenced to imprisonment without and was useful for the time per- comes into force. There, again. It that option. The obvious Intention hapy in drawing attention to the charge of trafficking in women and Bill proposes to introduce prohibi will be unreasonable, I submit, and of course was to secure adequate fact that the existing provisions of girls that the victim herself con- tion against bringing into the unfair to the girl that she should punishment for cases of gross the Offences against the Persons sented to the transaction or re- Colony hereafter any mui laai. be for ever debarred from coming cruelty. There are, however, two Ordinance and the Protection of ceived any share in consideration That prohibition will be subject to back to the place which is her real dangers in this section. It is al- Women and Girls' Ordinance would for it. In the second place the two limitations, one a permanent home, and as the consent of the ways possible to averlook parti apply to mui taat as well as to other powers of the Secretary for Chin-one which will appear in

Secretary for Chinese Affairs is re-cular and unusual provisions and persons, but as attention was drawn ese Affairs as rogards the detection Ordinance, and the other a tem- quired to any prosecution under the it might very well happen that in to that fact at the time it seems un of offences against the principal parary one which will depend upon Ordinance, he will be able to con- prosecution for this purpose (Continued on page 11.) Ordinance, are strengthened. At the administration

SALESMAN ŞAM

"BY GOLLY, I'VE BEEN

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