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that the inmates look upon the Registrar-General as their protector, and Mr. Creagh's statement (Answer 238), that with reference to kidnapping and sale of women, no case has originated with the Police Force, appear to me to show that the operation of these Ordinances has not been so entirely ineffective in securing the liberty of these wretched women, as the Commissioners appear to consider (Report page 5). How far their effect may have been to deter the brothel keepers from attempts to keep women in a state of slavery is necessarily matter of conjecture, but it was the opinion of Mr. Smith in 1869 (Appendix, page 254, par. 17), that cases of virtual slavery were confined to the houses for Chinese; and if this be the case it may not unreasonably be inferred that the closer supervision over the houses for foreigners had had some effect in protecting their inmates.
On the whole, I feel obliged to state as the result of a careful examination of the report, testing it by the evidence in the Appendix and in the records of this Department, that its treatment of questions both of fact and of principle is inconclusive, and I find myself therefore placed in a position of some embarrassment, since, in the Despatch* transmitting it, you merely express your entire concurrence in its conclusions, accompanying it with no explanations on your own part, and with no opinion as to the manner in which the machinery of the Ordinance should be revised, such revision having heen the prime object of appointing the Commission.
In the absence of this assistance, I must proceed to deal with the various questions to the best of my power.
Three points suggest themselves as necessary to be dealt with :-
a. The supervision of brothels, for protective and sanitary reasons.
b. The medical inspection of the inmates, and the prevention of disease.
c. The provision of the necessary funds.
One of the objections now raised to the Hong Kong system is, that the houses are licensed to conduct a business which is contrary to the law of England, and consequently of the Colony. That this is a very serious objection cannot be denied, but, on the other hand, we have to face the undoubted fact that it would be practically impossible to enforce that law against the Chinese community of Hong Kong. Are we then to ignore the existence of these houses, to shut our eyes to the methods by which the Chinese too often keep up the supply of their inmates, and to leave these women to undergo practical slavery without an endeavour to ameliorate their condition ?
The answer
has been from the first, and, in my opinion, must continue to be, that, on the ground of humanity, we cannot shrink from this duty, and that the performance of it requires that a much stricter and more direct control shall be kept over these houses than is required or would be possible in an English community. Unfortunately, this system of control has not been sufficiently distinguished from the system of medical treatment for disease which was introduced simultaneously; and powers which were intended for the purpose of protecting the inmates have been disregarded or viewed mainly, if not entirely, as having for their object the detection and punishment of the keepers of unlicensed houses. I am not disposed to give up the special powers of visitation originally provided under Mr. Labouchere's instructions, with the view to affording protection to the women, aud the co-operation of the respectable Chinese, which is now assured, and which has already been productive of good, as I am glad to learn from your despatch of the 13th of November 1880†, would naturally lose much of its efficacy unless the police, and I think also the Registrar-General, possessed the power of entering these houses without waiting to obtain a special warrant for the purpose whenever a case requiring intervention is brought to their notice. In such cases prompt action may be essential, and delay might defeat the ends of justice.
The disgusting state of some of these houses, as disclosed by the Colonial Surgeon's report of 1874, transmitted in your despatch of the 17th of Septembert, shows that the general health of the city may be jeopardised if they are left unvisited by any medical or sanitary authority, and are allowed to continue in this filthy condition; while Dr. Ayres private memorandum (Appendix, p. 268) proves that this state of things bad, in fact, led to its natural results, viz., an outbreak of typhoid fever, and that they are remediable by the exercise of the power of supervision which it is now proposed to take away from the Colonial Surgeon.
It seems to me, therefore, that on both grounds ample powers should be given to the proper officers to visit and inspect all houses of this description, in order to carry out any protective measures which you may suggest, and to enforce such regulations for ensuring, at least, ordinary cleanliness, as the experience of your officers may indicate.
‡ No. 43.
* No. 15.
† No. 57.
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I would refer you for assistance upon this and similar matters of sanitation to the Public Health Act, 1875 (38 & 39 Vict. cap. 55).
It would be necessary that all these houses should be registered much as common lodging houses are in England, certificates of registration being issued instead of licenses, if that word is thought objectionable. A fee on registration should be paid by the keepers, and the number of inmates should be limited in proportion to the size of the buildings.
These measures for police and sanitary measures should apply to all brothels, whether used by Europeans or Chinese, though they would presumably be chiefly required for the houses for Chinese, if it be true, as is stated, that the instances of virtual slavery exist entirely in houses of this description, and if, as may reasonably be supposed, the European houses are free from the more revolting features reported by the Colonial Surgeon in 1874.
These regulations should be distinct from those relating to the medical inspection of women, and might be so printed in the Ordinance, or, if you prefer it, might be included in a separate Ordinance.
Any such measure, however, will be incomplete unless it includes penalties for keeping brothels without registration, and you should consider with the Attorney-General whether it is necessary to enact any special test which shall be deemed to be sufficient evidence of the existence of a brothel, or whether ordinary evidence can be relied in
upon such cases.
It will also be desirable to take summary powers for dealing with any house that, from its situation or the disorderly conduct of the inmates, creates a scandal or becomes a nuisance to the neighbours or the passers by; and as to this, the cumbrous proceedings by indictment at common law or under the Act 25 Geo. II. c. 36. s. 5. seem to be unsuited to the circumstances of Hong Kong, where such cases may properly be dealt with as police offences, and determined by the police magistrate.
Upon the second question, viz., the medical inspection of women, looking to the practice in the past, and to the recommendation of yourself and of the three Com- missioners on this head, I concur in thinking that the inmates of houses for the sole use of Chinese may be exempted from all liability to medical inspection. At the same time it seems proper to subject to a penalty the keeper of any such house in The fact may which a European is allowed to have intercourse with the women.
be difficult of proof, but the knowledge that the penalty exists will have a salutary effect. As regards houses used by Europeans and other foreigners, I think that the medical examination of the inmates, and their separation if found diseased, should still be enforced, but unaccompanied by certain of the provisions of the existing Ordinance. I should wish you to give careful consideration to the report of Dr. Sloggett, with which you have been furnished, and to consider whether any better plan can be devised than the present practice of keeping lists of the inmates of the houses, and of holding the keepers responsible for the due observance of the regulations.
It must rest with you and the local officials to work out the details of the Ordinance, but the penalties on women who become infected and transmit the disease should be omitted, and the power of breaking into unregistered houses or parts of houses without a warrant for the purpose of proving the house to be a brothel can scarcely be allowed to continue, but some such power will be necessary, as I have said before, to be used in case of emergency
for the repression of serious offences against the liberty of the inmates. The Imperial Acts of 1866 and 1869, should be consulted and their provisions adopted whenever practicable. The enactments dealing with out-door prostitution may be retained but such women should also be placed on the register, if one be established, and I cannot but think that a more vigorous administration of this part of the Ordinance would have improved the state of the harbour of which the condition as stated in the evidence reflects no credit the Colony.
upon
I commend to your attention the very just observations which Dr. Sloggett makes upon the conduct of the so-called "protected" women, and measures should be taken to prevent their houses becoming in future unregistered brothels for other women who are not under protection.
It is manifest that the practice of allowing women who are under treatment to leave the hospital on pass
is opposed to the principle of the regulations, and should be discontinued.
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I am at a loss to understand why these Ordinances, which are similar to those which work satisfactorily at Singapore, should not have been equally effective at Hong Kong unless it be that all branches of the public service, police as well as medical, which are charged with enforcing the law have in the former Colony mutually assisted each other in the discharge of their respective duties, and that this has not been the case at
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