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4. It may be argued that, in view of the number of girls already under the protection of this office, the present system is sufficient and that no further legislation is necessary. This argument is fallacious, for not only is there some doubt as to whether the bonds now given could be legally estreated in case of any of their conditions not being fulfilled, but it has also to be borne in mind that these girls, whose proper up-bringing may be said to be guaranteed, have been brought to this office only by the merest accident, the majority of them having been found in houses proceeded against for being unlicensed brothels. There is still a very large class of female children beyond the reach of the law, who it is well known are being reared for purposes of prostitution. To save these poor children from a life of infamy, legislation is absolutely necessary, and I therefore sincerely trust that the Draft Bill will become law. Peculiar evils require special legislation, and the most competent judges, both British and Chinese, are unanimous in their opinion that the Bill as drafted by Dr. STEWART and approved by Mr. Justice RUSSELL will go far to meet the abuses arising from child adoption and domestic service, which at present are free from the control of the law.
5. In conclusion I may mention that I have learned from the Protector of Chinese at Singapore that an Ordinance based on Dr. STEWART's Draft Bill, but more stringent in its terms, has been forwarded by the Singapore Authorities for the consideration of the Secretary of State.
J. H. STEWART LOCKHART, Acting Registrar General.
The Hon. THE ACTING COLONIAL SECRETARY.
Enclosure 1.
A BILL
ENTITLED
An Ordinance for the prevention of abuses connected with Child Adoption and Domestic Service. WHEREAS it is expedient to make further provision for the prevention of adopted female children and female servants from being brought up in the Colony for the purpose of prostitution: Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows :-
1. It shall be lawful for the Registrar General, as Protector of Chinese, to summon before him any person whom he reasonably suspects of having in his custody any adopted daughter, or female servant, between the age of six and sixteen inclusive, with the view of disposing of her as a prostitute; and it shall also be lawful for the Registrar General, in his discretion and after due inquiry, to call on any such person who has the custody of any such female child to give reasonable security that such child shall not be sold, pawned, or otherwise disposed of for any immoral purpose, and that the absence of such child from the Colony shall be duly accounted for.
2. For the better carrying out of the preceding section, it shall be lawful for the Registrar General to require the production before him of any female child under such adoption or domestic service; and also to summon any person who can give information as to the treatment of such child by her adopted parents or master, under a penalty not exceeding two hundred dollars.
3. It shall be lawful for the Registrar General, in the interests of any female child, to make a written application to a Judge in Chambers for a writ of Habeas Corpus, with the view of taking away such female child from any person who has no legal claim to her custody, and whose retention of her is prejudicial to the child's interest and liberty.
4. It shall be lawful for any person considering himself aggrieved or affected by any action of the Registrar General under this Ordinance to appeal in a summary way to a Judge in Chambers against any decision which the Registrar General may give under this Ordinance; and the Judge may confirm the decision of the Registrar General, or may order in writing the same to be annulled.
5. This Ordinance shall come into operation on a day to be hereafter proclaimed by the Governor.
Enclosure 2.
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Enclosure 2.
STRAITS SETTLEMENTS.
A BILL
ENTITLED
An Ordinance to make further provision for the Protection of Women and Girls,
WHEREAS it is expedient to make further provision for the protection of women and girls :
It is hereby enacted by the Governor of the Straits Settlements with the advice and consent of the Legislative Council thereof as follows --
1. This Ordinance may be cited as "The Women and Girls' Protection Ordinance 1886."
2. (1). The Protector or Assistant Protector of Chinese Immigrants at any Settlement (which said Protector and Assistant Protector are hereinafter included in the term "The Protector") may if he reasonably suspects that any woman has been brought into the Colony for immoral purposes by fraud or misrepresentation or under any false pretence and that from fear ignorance or for any other cause she is unable or unwilling to disclose the true circumstances of the case require any person in whose custody or under whose control she appears to be to furnish security in a reasonable amount to the satisfaction of the Protector that such woman shall not leave the Settlement in which she then is without the previous consent in writing of the Protector.
(2.) In default of such security being furnished the Protector may by warrant under his hand and seal order that such woman be removed to a place of safety and there detained until she can be returned to the place whence she was brought or otherwise proper provision can be made for the protection of her interests and liberty.
3. (1)-The Protector if after due inquiry he is satisfied that any girl is being used for immoral purposes or is being trained for such purposes and that such girl is under the age of sixteen years may by warrant under his hand and seal order such girl to be removed to a place of safety and there detained until she attains the age of sixteen years.
(2) A girl found living in a brothel shall be deemed to be a girl who is being trained for immoral purposes.
4. (1) The Protector shall have full power to summon any person whom he may have reason to believe can give any information respecting any woman suspected of having been brought into the Colony for immoral purposes by fraud or misrepresentation or under any false pretence or respecting any girl suspected of being used or trained for immoral purposes and the person so summoned shall be legally bound to attend at the hour and place in the summons specified and to produce all documents in his custody possession or power relating to such woman or girl and to answer truthfully all questions which the Protector may put to him respecting any such woman or girl or in any way relating to the matter being enquired into.
(2) The Protector shall be deemed to be a public servant within the meaning of the Penal Code and may administer oaths and affirmations to and examine on oath or affirmation any person summoned before him for the purposes of this Ordinance.
5. Every warrant purporting to be issued in pursuance of this Ordinance and to be under the hand and seal of the Protector shall be received in evidence in every Court of the Colony without further proof and shall be evidence of the facts therein stated and in all acts done in pursuance of such warrant shall be deemed to have been authorised by law.
6. No order made by the Protector in pursuance of this Ordinance shall be questioned or set aside by any Court but any person who may be aggrieved by any such order may appeal to the Governor in Council whose decision shall be final.
Abort title.
Women brought for immoral purposes by fraud, &c.
Children under sixteen.
Used or trained for immoral purposes.
Protector to have power to summon and examine witnesses.
Warrant to be sufficient authority for detention.
Appeal to Governor in Council.
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