57
14
Endorsement of re-sale of Servant on deed of 24th day of 3rd moon of the 4th year of Tung Chi (1872.)
This servant together with the (original) deed has this 20th day of the 1st moon of the 2nd year of Kwong Sü (1876) been re-sold to ... for the sum of 125 dollars in full weight This instrument, which is expressly as a proof, and under the same conditions as specified in the said deed, made at the bottom of the deed, is given to ...
Signed ... The party making an instrument at the bottom of the original deed. Finger mark, go-between.
1.
Presenting a Girl for money to be reared and employed as a Servant, with power of redemption. This card of presentation is executed by ... of ... Village in ... District, and wife (the daughter) was born at ... hour of ... day of ... moon of ... year, and is named ... who have a daughter born to them. Being poor, and finding it hard to earn our livelihood, and having consulted together, we wish to present this daughter of ours to ... as a servant, who is good enough to pay us the sum of 40 dollars as a compensation for our trouble connected with her birth and rearing. When this girl arrives at womanhood, ... will be at liberty to give her in marriage. If any accident should befall her, this will be held to be the will of Heaven, and we shall have no right to avail ourselves of the opportunity to extort money. If we should go back on our word, we must refund the money ($10), and besides pay to ... one dollar and fifty cents for her subsistence per month, before the daughter can be taken back by us. We will not gainsay our word. This girl is really the daughter of the husband and wife who give her as a present, and has nothing to do with outsiders. This card of presentation is executed and given as proof.
Dated the 8th day of the 8th moon of the 7th year of Kwong Sü (30th September, 1881). Signed ... The party executing this card of presentation. Signed ... Finger mark, wife. Witness.
28
NOTE. The above translation is that of a document brought by the person who has the child. Of course "this card of presentation" is mere cover for sale. The child is well cared for and is perfectly free. J. R.
J.
Translation of a bill of sale put forward by a Claimant at the Registrar General's Office, Hongkong, 1882. The names are left out.
I, ... native of the Pi Sha of the Tung Kun District do clearly draw up this bond regarding the sale of my daughter. I, being in need of money and having consulted my wife, am willing to sell my second daughter to another family to act as a servant girl, and I have fixed the price at thirty-two dollars exactly. Her name is ... and she is six years old. She was born on the 2nd day of 2nd moon at Shan, ... time (6 A.M. to 8 A.M.). She was taken the go-between to the Shiu family for inspection, who were pleased with her, and at once offered a current price of thirty-two dollars exactly for her for her services as a servant girl. The said family and myself, having thoroughly understood and mutually agreed to the conditions of the bargain, have appointed a day for its completion. My wife and myself have personally received thirty-two dollars exactly for the sale of the daughter. None of the dollars are broken and they are all of full weight. This bargain was publicly made. The girl was not given up in order to settle a claim nor was she abducted. In case of there being any uncertainty about the origin of the girl, the matter must be settled by the said father ... and the go-between ... The purchasers have nothing to do with this. I declare that I must take back the girl and return the money received for her if she is found to have been already betrothed or is suffering from leprosy. As regards other accidents which may befall her in future, we must all submit to the will of Heaven. We cannot avail of this opportunity to extort money. When she grows to maturity and is married to another family, her father and mother should be notified of it so that they might communicate with her. The masters are at liberty to re-sell her to another family for disobedience. There can be no impediment to this. After the sale, the father and mother cannot have frequent intercourse with her without reason. The masters can give her any other name they please. Both parties have understood and agreed to this in the presence of the go-between. A bond, regarding the sale of the daughter, is drawn up on the same day and handed to the purchasers as a proof.
(Signed) ... go-between (Signed) ... (Herewith Finger-mark). The party making this Bond.
15
K.
46
From Sir Thomas Wade's Documentary Series of the “Tsz-urh-chi.”
SALE OF A DAUGHTER TO BE A CONCUBINE.
"Ng Fung-ming, the party signing this deed of sale being in great poverty, has, through the agency of To I, sold his own daughter, Ng Üt-chan, aged seventeen, to U-lo-yo, for a concubine. "It having been agreed in the presence of the agent that the price to be paid for her should be Six hundred taels, (about £200) and this sum having been paid in full in the presence of the agent, "the purchaser is free, from the time of the sale, to take away the seller's daughter, namely Ng "Üt-chau: nor will the seller or the seller's wife gainsay his right. These parties also agree once for "all that they will never more hold intercourse with her, or visit her. If she infringe the regulations of U lo-ye's household, he will be free as head of the family to correct her; it will not be in "her father's power to interfere. If she fall sick or die young, (it will be held to be) the will of "Heaven. For any intrigue or fraud (on the part of her parents), the agent To I will be responsible. "This deed of sale is expressly executed lest hereafter there should be no evidence of the sale. "Signed with the finger mark of Ng Fung-ming and Ting his wife, being the parties executing the "deed and by the agent To I."
NOTE. This woman would be called among foreigners the 2nd, 3rd, or 4th wife of Mr. Ü. The so-called 2nd, 3rd, and 4th wives are concubines and nothing else. A Chinaman has only one wife properly so-called. She often procures the concubine for her husband; but the children are regarded as having equal rights with those of the "number one wife."
L.
No. 6 of 1878.
An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, for the better Protection of Chinese Women and Female Children, and for the Repression of certain Abuses in relation to Chinese Emigration.
[8th May, 1873.]
WHEREAS it is expedient to make better Provision for the Punishment of Persons guilty of selling, purchasing, or decoying into the Colony, or unlawfully detaining therein Chinese Women and female Children for the Purpose of Prostitution, and of decoying Chinese into or away from this Colony for the Purpose of Emigration, or for any other Purpose whatsoever: Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-
I. Whosoever shall bring, lead, take, decoy, or entice into the Colony any Woman or female Child with Intent to sell her for the Purpose of Prostitution, or who shall sell or purchase any Woman or female Child for the purpose aforesaid, or who shall knowingly derive any Profit from the Sale or Purchase of any Woman or female Child so sold or purchased as aforesaid, shall be guilty of a Misdemeanour, and on Conviction thereof, shall be liable to the Punishments hereinafter provided.
II. Whosoever shall unlawfully detain any Woman or female Child in any Place against her Will with the Intent that she may become a Prostitute, or for any other Purpose whatsoever, or who shall by any false Pretences, false Representations, or other fraudulent Means procure any Woman or female Child to have illicit carnal Connexion with any Man, shall be guilty of a Misdemeanour, and on Conviction thereof, shall be liable to the Punishments hereinafter provided.
III. Whosoever shall unlawfully receive, or harbor any Woman or female Child with Intent that such Woman or female Child should be sold or purchased for the Purpose of Prostitution, shall be guilty of a Misdemeanour, and on Conviction thereof, shall be liable to the Punishments hereinafter provided.
IV. Whosoever shall unlawfully by Force or Fraud imprison or detain any Person within the Colony, for the Purpose of Emigration, or for any other Purpose whatsoever, shall be guilty of a Misdemeanour, and on Conviction thereof, shall be liable to the Punishments hereinafter provided.
V. Whosoever shall unlawfully, by Force, Intimidation, or any fraudulent Means bring, lead, take, decoy, or entice any Person into or away from the Colony, for the Purpose of Emigration, or for any other Purpose whatsoever, shall be guilty of a Misdemeanour, and on Conviction thereof, shall be liable to the Punishments hereinafter provided.
VI. Every Person who shall be convicted of any Offence against the Provisions of this Ordinance shall be liable to be imprisoned for any Term not exceeding Two Years with or without Hard Labour,
VII. All Offences against this Ordinance may be heard and determined summarily by two Magistrates sitting together, who shall constitute a Court for this Purpose: Provided that if at the Close of the Investigation, the Accused shall apply for a Trial by Jury, or the Magistrates shall be of opinion that the Case ought to be so tried, they may commit the Accused for Trial at the Supreme Court.
VIII. The Provisions of Section LXVI of Ordinance No. 4 of 1865 shall apply to every Summary Conviction under this Ordinance.
J. R.
Title.
Abduction of a Woman or female Child with Intent.
Selling or purchasing.
Detaining Woman or female Child for Purpose of Prostitution.
Receiving or Harbouring with Intent.
Unlawful Imprisonment or Detention.
Decoying Persons into or away from the Colony.
Punishment for Offences.
Trial of Offences.
Summary Convictions