16
In 1910 the interests of the girl and the discretion of
the Registrar General reappeared, and the section was
enacted by Ordinance No. 15 of 1910 in what is now
practically the form in which it appeared later in
Ordinance No. 4 of 1897. That form, however, was not
quite satisfactory, especially in view of the provisions
of the Female Domestic Service Ordinance, 1923, Ordinance
No. 1 of 1923. Section 5 of this Ordinance therefore
substitutes a new form of the section.
7.
In the first place, the section in Ordinance No. 4
of 1897 negatived in undesirably wide terms the right
of a parent to the custody of the girl where the parent
had parted with the girl for the purposes of adoption
into another family, or had received money for parting
with the custody of the girl for any purpose.
The new
section 32 does not expressly negative any right on the
part of the parent, but merely vests the guardianship
of the girl in such a case in the Secretary for Chinese
Affairs. It empowers the Secretary for Chinese Affairs
as legal guardian to make any order regarding the custody
of the girl which he may think desirable in her interests,
subject to one qualification which is referred to below.
In making any such order the Secretary for Chinese Affairs
would no doubt give full weight to the natural and
moral claim of the parent to the custody of the girl.
Thus, the Secretary for Chinese Affairs will still have
the full rights of a legal guardian, but there will be
no provision to suggest that the natural claims of the
parent have been extinguished.
Further, there will be
nothing to suggest that the parent could not successfully
assert a claim as against a third party to the custody