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- 2 -
29
charge been brought against the defendant under Section 45 A. of Ordinance No.2 of 1865 as amended by Ordinance No. 13 of 1929 a conviction would in all probability have been obtained, In this connection the Attorney General quotes the words of the relevant Section of the Ordinance "unless such person proves beyond reasonable doubt that the transaction was bona fide and solely for the purpose of a proposed marriage or adoption in accordance with Chinese Custom". He continues "Many people, I among them, have serious doubts as to whether there can truly be said to be any Chinese custom of adoption of female children...... The question is however one for experts". I have referred in previous despatches, (in particular in my despatch No. 207 of the 29th of April,1931) to the difficult problem presented by this practice of adoption by purchase. The silence of the law of the Chinese Empire on the point probably means no more than that it was felt to be unnecessary to legislate regarding a relationship which carries with it no right to inherit property. This silence does not however dispose of the very widespread custom of informal adoption of girls nor I think does it preclude the existence of a form of such adoption which ought in some way to be recognised. The Secretary for Chinese Affairs is engaged in the preparation of a report on the whole question and I propose to refrain from general comment until this has been received.
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3. With regard to the sale of the girl through an intermediary it should be explained that it is an almost universal practice to employ a third party ("go-between" introducer, or guarantor) to conduct negotiations for weddings and adoptions.
134/67)
The presence of such a "go-between"
does