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10.
Section 8 of this Ordinance adds five new sections
to the principal Ordinance. The proposed new section 20
provides that in any prosecution under section 6 of the
principal Ordinance the magistrate may convict of common
assault if he fails to find as a fact that the girl in
question was a mui tsai. It is possible that he has this
power already under section 22 of the Magistrates Ordinance,
1890, Ordinance No. 3 of 1890, but it is considered
desirable in this case to place the matter beyond all doubt.
11. The proposed new section 21 deals with onus of proof,
and provides that in every prosecution under the principal
Ordinance it shall, until the contrary is proved, be
presumed that the girl in question was a mui tsai in the
employment of the accused at the time of the alleged offence,
and that this onus will not be discharged by mere proof
that the girl was described in any transaction by some term
other than mui tsai. This may appear drastic, but the
difficulties of proof are enormous. In order to prove
that a girl is a mui tsai it might be necessary to prove
some payment made years ago, outside the Colony, and in the
absence of the girl herself. On the other hand, the
accused should find it easy to prove the real status of
any girl in his household, and the burden is therefore less
heavy than it might appear. The provision that the onus
will not be discharged by mere proof that the girl was
described in some transaction by some term other than mui
tsai is inserted because of the practice of describing a
mui tsai as an adopted daughter. If the girl was in fact
used as a domestic servant, and if money had been paid to
secure her service as such, no doubt the magistrate would
hold that she was a mui tsai, even though a document was