42
16
NOT CONNECTED WITH A CUSTOMS UNION.
(Continued from page 12.)
present a very difficult situation
very
difficult problem. I move the the Bill be read a first time.
NO POSTPONEMENT.
Governor on an Invidious Position.
The Hon. Mr. Lim Cheng Ean: I would
like to ask whether the first reading can be postponed until it is known whethe Government proposes to establish a customs union. We have been told ju now that the Bill is not to be considered as a handmaid to the proposed customs union, and I think the postponement of the first reading would give assurance to such as fear that the present Bill points to the possible establishment of a customs urion.
THE STRAITS TIMES, WEDNESDAY, JANUARY 27, 1932.
union were rejected this Bill would still be necessary for the good administration and sound finances of this Colony.
The Bill was then read a first time.
MUI TSAI IN THE STRAITS.
Why It Must be Banned By Statute.
by statute as has been done in Hong Kong. I think I may safely say that that too is the desire of all enlightened and pro- gressive Chinese in the Colony.
when inhuman treatment occasioning the death or injury of some unfortunate girl is brought to light."
I turn then to a more detailed explana-quotation, from the regulations for the tion of this Bill.
I will clinch this point by one last
registration of mui tsa, issued by the It may be asked why it is necessary at Government of Canton, as reported in the all in view of the fact that in 1926 this Hong Kong Weekly Press of Aug. 22, Council enacted the Female Domestic 1930; it reads, Servants Ordinance (No. 172), which was intended to deal with the question of mui The acting Secretary for Chinese tsai. That ordinance has been proved to Affairs, the Hon. Mr. A. B. Jordan, in be practically useless, as is evidenced by moving the first reading of a Bill intitul- the fact that only two prosecutions have ed "An Ordinance relating to Mui Tsai," been taken under it; one of those had to said:
be withdrawn because the age of the girl could not be proved and in the other a fine was imposed.
"From the date of proclamation, it is prohibited to buy or sell mui tsai; neither is it allowed to acquire girla under the pretext of their being adopted daughters."
Sir, I am of the considered opinion, and
I urge this Council to accept this view, The main object of this Bill is to remove
that if this legislation is to be successful any vestige of a doubt, that may still
it is essential that the definition of mui The main defects of this ordinance-ai should be as wide as that given in exist in the mind of anyone, that slavery in any form, or semi-slavery call it what were the narrowness of the definition and Section 2 of the Bill. Otherwise we shall you will-is tolerated in this Colony, to the placing of the onus of proof of the have a loop-hole through which evil-doers declare in specific terms that the general girl's age and purchase on the prosecu-can escape and the legislation will be principle of law obtaining throughout the tion. The majority of mui tsai have been nullified. British Empire that no human being can purchased or acquired when young from have the status of a chattel is applicable their parents in China, so the employer to females, and consequently in pursuance had only to state that the child was pre- His Excellency (speaking with feeling): of that declaration to safeguard by a sys-sented to him for the definition to fail as I regret that it is quite impossible to post-tem of registration those girls that today the accused was usually the only person pcne the first reading of this Bull, but I have the status of a mui tsai.
fully aware of the circumstances in which am surprised after what the Attorney- In recent years the mui tsai system has he acquired the child. I some cases the General has said in this Council that any been repeatedly attacked, sometimes onsult of long ill-treatment and therefore girl was a semi-idiot or cowed as a re- member of the Council could have the good grounds, sometimes on bad; some of useless as a witness. slightest idea that the Bill is connected in the criticism has been instructed, some any way whatsoever with the proposal for uninstructed. But there is still in many
a customs union.
I
this Council.
The
ing age.
important definition;
Meaning of "Inheritance."
The meaning of "inheritance" in the finition is clear. A mui tsai does not inherit any part of her employer's estate when he dies, but herself becomes part the estate and a charge on the inheritor
the property.
"Pledge for" and "in settlement of a debt" go together. It is a fairly common actice in this country for poor people le pledge their daughters. It will readily be admitted that the money-lender in such
come before the Protectorate in recent
I have dwelt at length on the definition
Important Provisions, again renew the assurance that the quarters, in spite of the limelight that has. two things have nothing whatever to do been thrown upon it, ignorance as to what
Bill provides three with each other. The Bill is designed in the mui tsai system really is.
A few things:-First, & wider order that the Governor may not again be words about the system may therefore not secondly, the shifting of the onus of oase is about the worst person in the placed in the extremely invidious position be out of place. in which I was placed when the Budget A mui tsai means not "a slave girl" proof as to acquisition and status; third-world to be the guardian of a girl, and was under consideration. I then had to but "a little sister," and it is the term, a simplification of the means of prov- the worst cases of cruelty which have spring upon the Council three new sets of applied in China to a girl who leaves her)
The definition is drawn in a way that years have been of girls so pawned. The duties of which I gave the Council no own home, usually with the full and free will include all the varied forms of acpractice is a revolting one and this Bill notice whatever and I was obliged to pass consent of her parents, to be brought up quiring female children current in theives the opportunity of stamping it out. them through the Council by the official in the household of someone else, in which Colony and does not follow the narrower because of its great importance; indeed majority without any possibility of falf household she is regarded, if not as a consultation such as I might have wished daughter, at any rate as a quasi-daughter. sense used in the Hong Kong ordinance. It is the crux of the Bill. I will not there- to have had with my unofficial friends on The system has arisen from the economic It has to be remembered that the Chinese fore take up the time of Council by conditions obtaining in many parts of population of Hong Kong is homogene explaining the other provisions at length, China, from the fact that parents living ous, whereas here we have many different but will leave those to the explanation tribes of Chinese with widely differing in the direst poverty are unable to sup customs. The definition covers all forms given in the objects and reasons. port their children, especially the girls. of dealing in females, and the different this Bill was considered by the Singapore I will only add that an earlier draft of I do not wish that position to occur
forms of acquisition mentioned in it are Chinese Advisory Board and that they again. It might occur easily at any time
Alternative of Starvation.
all taken from actual cases dealt with approved of it generally. Certain criti- It might occur when the Budget is next
in the Singapore Protectorate in recent cisms of detail and certain improvements under consideration if we found that our
Faced then with the alternative of starv- revenue was insufficient to meet the ex-
ation for their daughters they give them The definition is drawn, too, in order the Bill now before Council. It cannot were suggested; these have been met in But that would penditure for next year. have nothing whatever to do with the away, sometimes free, sometimes in re to overcome the fiction that a girl is an therefore be said that the Bill is intro- turn for a consideration in money or kind," adopted daughter." Amongst Chinese uced against the wishes of the leaders proposal for a customs union or with changes in our cariff procedure or with is able to feed and clothe the child and practised customs, due to the necessity of confidence for the support of the Chinese to someone more fortunately placed who adoption is 惠 recognised and widely the Chinese community, and I look with changes in the structure of our colonia! bring her up. The head of the household always having a son to carry on the male Members of this Council for it.
This Bill in my opinion is a very great taking over the child stands in loco paren- line for the purpose of ancestor worship.
Sir, I now formally move that this Bill improvement on the procedure that had tie to the child, and on him falls the duty But for this purpose daughters are use-be read a first time. hitherto obtained in this Colony. It
when the girl is of sufficient age of get less and the adoption of daughters is Mr. Lim Cheng Ean seconded the based on the procedure in the United ting the girl suitably married.
not a custom recognised in China. There notion, and the Bill was read a first time. In China in times of famine or flood are exceptions to
finances.
Must Not Occur Again.
It has been tried out for many Kingdom. years in Ceylon. Anyhow, the Council has my full assurance that the Bill is no in the slightest degree connected with the customs union, and even if a custom
LEA & PERRINS' SAUCE
On
years.
but this rule
we
Mr. Cheng Lock on the Port Of Malacca.
the custody of girls is transferred in this cannot legislate for them. Ample UNOFFICIAL SPEECHES. way great numbers. Indeed, I have safeguards for such cases are pro- heard Your Excellency in reminiscent videl in the Bill, and I would draw mood relate how about 30 years ago, when attention especially to the provision in Your Excellency was supervising flood re- Section 15 (1) that no prosecution can be lief up the West River in Kwangtung Pro- undertaken without the authority of the vince on behalf of the Government of Protector. Clearly this is one of the Hong Kong, starving parents offered their matters over which he is intended to use children to you. There is, too, a member his discretion.
The Root of the Trouble.
M-1.
an
are
The Hon. Mr. Tan Cheng Lock said: I believe that this is the first time since. 867 when the Legislative Council of the of the Malayan Civil Service who some
straits Settlements was first constituted, years ago out of the kindness of his heart
on the transfer of the Colony from the adopted a Chinese girl who had been ill-
India Office to the Colonial Office, that a treated and who has since been bringing The root of the trouble is that the her up and educating her as his own child. Chinese, like ourselves, are extremely fondeeting of this Council has been held in his town of ancient and historic fame. I That child, sir, is a mui tsai in the strict of a euphemism. A girl is not called wish to thank Your Excellency very sense of the term.
bluntly "slave-girl" or "pei nui" but a heartily for the desire you have expressed NOW, where the master and mistress of "little sister" or "mui tsai." But this to be fair to he muf trail are kindly Volk the lot of the does not alter the fuote, The girl in all, Kammal
menting here And we highly mui tsai is a happy one; she is frequent- or given-even before her birth in some appreciate the interest Your Excellency
her 'y far better off than her fellows who have cases-and new guardian usually as always taken in our Settlement and
in view in acquiring as affairs. remained in conditions of poverty and has some end squalor. Much of the criticism of the mui her. I fear that in many cases this is her It is to be hoped that both Malacca and sai system comes from a misunderstand-use as a wageless servant or later as acnourable members of Council will profit ing of it, from ignorance of the appalling possible concubine or as the source of a much by the Council visiting and meeting and possibly conditions in which the daughters of the fair-sized dowry when she has attained a this Settlement on this
ature occasions. A visit like this one very poor live in China, and from the very suitable age for marriage.
Under such conditions the use of the affords the members of Council high sentimental value that most Eng- lishmen place on the word "Home." term "adopted daughter" is one of con-pportunity of seeing and judging on the
venience not of fact. So closely are pot the needs of Malacca, which adopted daughters associated with muihany and important. tsai that the Anti-Mui-Tsai Society of It should also dispel from the minds of Sleepy Hollow" I think, sir, that it will be found in every Hong Kong, at a meeting held in October, honourable members the case that those who sentimentalise over 1928, suggested that adopted daughters idea still unfortunately associated with in some ignorant quarters. Home" come from good and comfortable should be registered at the same time and Malacca homes, not from houses the walls of which in the same manner as admitted mui tsai. Malacca is proud of her past but has much consist of old kerosene tins and the roof In confirmation of my point I would faith in her present and cherishes still of leaky thatch, that they have been like to make two quotations from en- greater confidence in her future, when the brought up in households where food closures to a dispatch written by Your large hinterland served by cur port was plentiful and good-not where the Excellency when Governor of Hong Kong develops and increases in prosperity.
After pointing out that the territorial THE FEDERAL DISPENSARY Ltd. inmates lived from hand to mouth and and published in Parliamentary Paper
often did not know where the next meal Cmd. 3424, presented by the Secretary of size of Malacca is insignificant compared State for the Colonies to Parliament by with that of any of the Malay States, its Successors to TIMMS DISPENSARY, Ltd. was coming from.
However, let that be as it may. The fact Command of His Majesty in November area being 637 square miles, Mr. Cheng remains that the system is open to abuse 1929. One quotation is from
a letter Lock continued: and that it has been abused in numerous written by His Majesty's Consul at cases in the past; the lot of a mui tsai in Swatow in April 1929, and reads, a household where the mistress is cruel, or harsh, or unsympathetic is unenviable, especially where she is living in a place far away from her parents and her family's friends and where she has no one to whom she can turn for succour.
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Different Kinds of "Homes."
Every Protectorate officer of any ex- perience in Malaya has come across cases heart-rending cases some of them-in which mui tsai have been ill-treated, and
the existence of these cases is alone justification for this Bill, as the registra- tion of all mui tsai is bound to ameliorate their lot; it will be a deterrent to the masters and mistresses who are inclined to treat mui tsai worse than their own children, it will bring to the Chinese Protectorate valued help from the public in cases of ill-treatment, and it will in- form every mui tsai of the whereabouts of the office from which she can get any help or protection that she needs.
Ill-Treatment Rare.
A Shipping Centre.
"Whilst regulations prohibiting the If Malacca were to be dependent solely mui tsai system were promulgated on the agricultural resources of her terri- locally over two years ago and are still tory she would inevitably sink into decay nominally enforced, actually the practice again. But she claims to serve as the still flourishes, though under a different natural shipping and distributing centro name, adopted daughter.""
A Punishable Offence.
The other is from a letter of His Majesty's Consul in Amoy, written in May 1929; it reads,
I do not wish to be misunderstood, sir, and to be thought to be suggesting that the ill-treatment of mui tsai is the rule in the Colony or in Malaya generally; far from it, it is the exception. In sup- port of that statement I would like to mention the results of inquiries made in 1930 by the Protector of Chinese, Singa- pore, with a view to discovering what was the general condition and treatment of mui tsai in Singapore. A hundred girls were examined who were suspected to be! mui tsai, and they were taken from various parts of Singapore, and amongst these 100 girls no definite case of cruelty was found, though two girls were found to be overworked and neglected and were put into the Po Leung Kuk, but event these two still wished, after their time in the Po Leung Kuk, to return to their employers. The Protector of Chinese was satisfied that all but six out of the 100 suspected mui tsai were happy and well- treated, and it was noteworthy that not one of the 100 expressed to the Protector her wish to leave her present employer.
But the existence of the mui tsai system is felt to be an anachronism in a British colony in these modern days, and its con- tinuance is definitely contrary to the policy of the Home Government, which desires that the system should be banned
of a hinterland of about 8,000 square miles, consisting of the Settlement itself and large portions of Johore, Negri Sembilan and Pahang.
Malacca must be largely dependent on sea-borne trade, as-in spite of the condi- tion of its harbour-a considerable volume "In theory the pei nui (maid servant of imports and exports continues to force or slave girl) system has no existence its way in and out of its port, for the in China, where slavery, expressly for- simple reason that it is far cheaper to bidden in the latter years of the Manchu ship such commodities through Malacca dynasty, is now a punishable offence than through any other Malayan port. If under Article 813 of the Criminal Code some of the artificial impediments put in of the Chinese Republic; but, in actual the way of people who wish to use the fact, it is in force from one end of the port of Malacca for the shipment of their goods are removed and our harbour facili- country to the other. Girls are every ties improved our trade would assuredly where openly bought and sold for maid- tend to increase and develop considerably servants ΟΙ slaves, the euphemism
in course of time. (yeong nui) adopted girl' usurping Some honourable members
may have the place of 'pei nui' so offensive to observed that the extent of the trade of the ear of the law, and their use as Malacca is well indicated by the busy domestic slaves in the families of well-appearance of the river of this port, which to-do Chinese is too common to call for comment, except on the rare occasions
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