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"institute a full and trustworthy inquiry into the facts, forwarding to me, as soon as it can be completed, a report thereon, and I request that in connexion with "such report the question may be considered whether any and if so what measures "should be taken to remove any of the evils that may be brought to light by the "inquiry." (Command paper 3185 of 1882, page 123).
In illustration of the diversity of opinion which prevails as to the facts, Lord KIMBERLEY points out that "Sir JOHN SMALE never heard of a case of purchase for adoption in the Colony," whilst Dr. EITEL spoke of the demand for young children under the system of adoption and domestic service as being large at an average price of $40, and that Mr. FRANCIS stated "that boys are bought and sold in Hongkong for adoption."
may be
In reporting upon the facts of child adoption and domestic service convenient to group what observation I have to make under four heads, as follow :--
Where the parents or guardians volun- tarily part with their children.
i. Child adoption as existing among Chinese at Hongkong, male and female; abuses connected therewith.
ii. Domestic service amongst Chinese living in Hongkong, con- fined to females only; abuses connected therewith.
iii. Kidnapping; as partly chargeable to the Chinese system of adoption or service.
iv. Suggestions for the prevention of abuses growing out of child adoption and domestic service.
I.
Adoption of male children in China is founded on the necessity of having a male representative to perform sacrificial ancestral rites. So much is it so that if a man dies without male representatives as sons, natural or adopted, a son may be adopted for him by his people. The origin and reason of the requirement will be found fully described in a Chinese petition addressed to the Governor and in Dr. EITEL's learned paper on "Domestic Servitude in relation to Slavery." These documents are published at pages 44-57 of the Blue-book already referred to. The rule among the Cantonese when adoption is decided upon is to seek a nearly related male agnate of a generation younger, generally a nephew. The father as a rule will give any of his boys but the eldest. The second son is the one usually selected. The principal members of the clan are notified of the fact of adoption. Among near relatives no money appears to pass and no "deed of sale" is made. If, however, the relations are very poor, a small sum of money may be
"deed of gift" given to the parents, called "compensation money for the expense of rearing the child," and in that case, a "presentation card" given to the adopting parents, but there is no "deed of sale," properly so-called, or paper reciting the transaction as in the case of strangers, as will presently appear.
If the head of the family desires to adopt a male child as a son and is unable to obtain a relation, he is apparently at liberty to adopt a stranger-in-blood, for whom, however, he almost invariably pays a price. The stranger may be of the same surname, although of a different clan-if so all the better. A "deed of sale" is almost invariably executed and given to the new parents. The surname and name are changed and the clan is notified of the fact. A stranger thus adopted becomes entitled to the same rights and privileges as one adopted from among relatives.
Adopted sons, whether relatives or strangers, have equal rights with natural-born sons, and if after adoption a son is born to the adopting parents the adopted son loses none of his rights, but shares equally in the patrimony with the natural-born son. Sons take equal shares, whether by the lawful wife or by a concubine.
The Fokienese, Hakka and Chin Chew people in the Colony are apparently not so tied down to seeking male relations for adoption as are the Cantonese.
3
Adoption of female children as daughters,
The system is conducted in the same manner as the adoption of males; but comparatively few female children are adopted. They have equal rights with natural-born daughters. They are provided with a dowry when married, but, like natural-born daughters, they have no other claim on the inheritance. The daughter takes nothing by an intestacy. Every woman is supposed to get married; on doing so she "leaves the family" and is absolutely in manu of the husband, even to a power of sale.
It is to be feared, however, that a very considerable number of female children are adopted from amongst strangers, (and therefore with a money payment,) with the intent that they should ultimately become prostitutes. These children are called "pocket-daughters." Their so-called mothers are called "pocket-mothers." They are taught Chinese music, and are regularly trained for the profession of courtezans. At an early age they are the victims of debauchees, who "deflower them in sly brothels," paying the "pocket-mother" a large price, and the girl is thus launched on a brothel career. These young girls are said to be brought from Canton or Macao at the age of 13 or 14 years, and are deflowered according to bargain and as a regular matter of business for large sums of money, which go to "their owners, frequently it would appear their own parents. The regular earnings "of the girls go to the same quarter, and the unfortunate creatures obviously form "subjects of speculation to regular traders in this kind of business who reside "beyond our jurisdiction." (See Hongkong Contagious Diseases' Commission, 1879, page 45).
II.
Domestic Service amongst Chinese.
The most careful inquiry shews that no male children are bought and sold here as slaves or servants, and confirms the statements in the Blue-book that "Boys are sold to be sons not slaves" and "that no such thing as a slave boy exists in Hongkong." It might too with truth have been added "nor in Canton." By Chinese custom and usage, for the purpose of domestic service Chinese female children are often pledged with a power of redemption, but more frequently purchased out and out from poor parents. The price varies considerably. I have known of a young child being bought at Macao for a dollar. A "deed of sale," or a "deed of gift" as it is more frequently called, is given to the purchaser. This "deed of gift" of course is a mere euphemism. It is a bill of sale, and purports to sell and convey a title with a warranty. Money is given as the consideration for the control of the services of the child, in most cases "for ever without redemption." The purchaser has a power of re-sale, although some dispute it. It is certainly exercised amongst the Chinese in the mainland, and occasionally in Hongkong. Their books have a common form of re-sale. (See appendix for a number of forms).
It is not within the scope of this Memorandum to discuss the question how far children of poor Chinese benefit by the existence of their custom of sale, or how far infanticide is checked thereby. That has been done elsewhere, and was the subject of debate in the House of Lords. (Hansard, vol. 253, page 398, of 21st June, 1880). But it is certain that the parents give for money and by deed or other written instrument a complete power over their child, and purport to divest themselves of all control over its future. They make certain stipulations such as that when the girl grows up she shall be married. The Chinese Officials recognise these bargains of pledge and sale as binding, even, it appears, where the child has been previously stolen provided the purchaser has complied with the custom in getting a deed with the go-between as witness and agent. They would restore a runaway purchased servant to the vendee, as will be seen from the correspondence enclosed in a despatch to the Secretary of State in the time of Sir RICHARD MACDONNELL. (See 337 of 29th July, 1867). In that case, a girl was the purchased servant of a Mandarin. She was nearly 19 years. She came to Hongkong because she had been beaten, and the British Consul at the request of the Mandarins asked that she might be sent back, as the master had a "property in her." The Governor very emphatically refused to recognise any such subject of property in this Colony, and said that as the girl was guilty of no crime, and wished to stay in Hongkong, he would not give her up.