CO885-6 — Page 59

PUBLIC RECORD OFFICE

Reference :-

TLC.O. 882

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PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH—NOT TO

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unofficial, to whom I should naturally look for information and guidance on local questions is mainly, if not unanimously, to the effect that the result of repealing the Ordinances has been disastrous,

I recognise the fact that there has been an increase of disease since the Ordinances were repealed; and it may also be true that there has been an increase of brothel slavery; but on the latter point I notice from the reports of the Protector of Chinese, as well as of the Registrar-General at Hong Kong, that there has been at least as much rescue work done since registration was abolished as in the preceding years.

7. I admit that the fact that certain laws are or are not in force in the United Kingdom is not in itself a sufficient reason for applying or abolishing similar laws in tropical Colonies differing from the Mother Country in climate, race, social, moral, and religious conditions. Further, I am not prepared to deny that one way of meeting the evils to which my attention has been called would be the renewal of the repealed Ordinances, if their renewal met with general acquiescence; but here again I must repeat that respect must be had to existing facts. It is certain that to such renewal there would be in this country a very strong opposition. It is in the highest degree probable that on the first opportunity the Ordinances would be again repealed. It is therefore my conviction that the object aimed at would be not furthered but retarded by simply for the moment retracing a step.

8. Accordingly, I adhere to the decision, given in my despatch, No. 35, of the 18th of February, 1898, that I cannot sanction the reintroduction of any system involving either the compulsory and periodical examination of women, or the registration of brothels or of prostitutes, but I consider that other means may be adopted, which there is reason to hope will prove in some measure effectual.

9. I observe from the evidence given before the Committee that the inmates of brothels are in one way or another, although very slowly, beginning to take advantage of medical treatment; but the great difficulty appears to be that the brothel keepers in many cases prevent the women from going to hospital, and compel them to practise prostitution while suffering from disease. am, therefore, of opinion that it is desirable to amend the "Women and Girls Protection Ordinance, 1896,"tby making such conduct on the part of brothel keepers an offence.

10. This might be done by inserting after Section 6 of the Ordinance the following new clause:-

*(6a) If the keeper of a brothel permits any woman suffering from any contagious disease to be or remain in such brothel for the purpose of prostitution, such keeper shall be guilty of an offerfce, and shall be liable on conviction before the Supreme Court or a court of two magistrates to imprisonment for a term not exceeding one year, or to a fine not exceeding five hundred dollars or to both, and if any keeper of a brothel, not being a natural born British subject, who has been previously convicted of an offence under this issue may section shall again be found guilty of such an offence the Governor in Council an Order banishing such person from the Colony for such period, and generally in such manner as may seem expedient, and upon the issuing of such order the like consequences shall ensue in all respects as though such order had been issued under the powers con- ferred by The Banishment Ordinance, 1898.'"

11. This clause, it will be seen, puts a penalty upon any brothel keeper who permits a woman suffering from any contagious disease to remain in a brothel for the purpose of prostitution. I should hope that by thus putting the penalty upon the brothel keeper and not upon the prostitute the effect of Clauses 9 and 10 of the Indian Cantonment Regulations of 1897 will be produced in a manner more suitable to the conditions of the Colony, and that the result will be that the brothel keeper will in self- dafence send the prostitute who is suffering from disease to the hospital or to the refuge. 12. The power of search given by Section 12 of the Ordinance should be extended, and for this purpose in Section 12 (1) the words "of Part II." should be omitted, and after the word "Ordinance” the following words should be inserted: "Or in which he has reasonable cause to suspect that an offence under this Ordinance is being com- mitted."

Similarly in Section 12 (2) the words "of Part II." should be omitted, and after the word "Ordinance" should be inserted the words "Or whether any offence under this Ordinance is being committed."

13. I adhere to the opinion expressed in the last paragraph of my despatch of the 18th of February, 1898,* that the Government should have power to close any brothel

• No. 20.

↑ Sec enclosure in No. 13.

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without assigning a reason. Such power could then be exercised--as it is in this country-in closing brothels in undesirable situations, or the keepers of which have in any way offended against the law. For this purpose the following clause should be inserted after Section 17:---

Upon complaint laid before a magistrate by the Inspector-General of Police, or by the Protector of Chinese, that any house or portion thereof is used as a brothel or lodging-house for prostitutes or disorderly persons, it shall be lawful for a magistrate to issue a summons to the tenant, occupier, or keeper of the house or portion thereof of which complaint is made, and upon the hearing of the case, if the magistrate is satisfied that the house or some portion thereof is used in the manner complained of, he may order the tenant, occupier, or keeper to discontinue such use of it, and if such order is not complied with within such time as the magistrate may by his order fix, the magistrate may impose upon such tenant, occupier, or keeper a fine not exceeding 25 dollars for every day that the house or any portion thereof shall be so used after the time fixed by the magistrate's order."

14. Section 13 (1) of the Ordinance gives the Protector power to call upon a person to produce any inmate of a brothel. This power should be freely exercised, and if necessary additional powers should be taken to ensure that the women can be interro- gated away from the brothel and from the brothel keeper under conditions which are favourable to ascertaining the truth.

15. Though public registration of brothels is illegal, I assume that in the course of their duties the police and the Chinese Protectorate must be fully cognisant of the exis- tence and situation of disorderly houses. The houses which are thus known may be visited at all times and seasons, and, having regard to the powers of suppression which I desire to be given to the magistrates, I do not understand why, if the powers of visita- tion and interrogation are intelligently carried out the absence of actual legal registra- tion need materially diminish the degree in which the Protector of Chinese can check brothel abuses.

will you 16. If you see no objection to the foregoing proposals, I request that take steps for amending the Ordinance accordingly, but if you have any alternative or additional suggestions to make, I should be glad if you would favour me with them at an early date.

17. I should like to be assured that sufficient power is given to the Protector of Chinese and his staff for fully investigating the cases of Chinese women on their first arrival in the Colony. I am told that the powers given and the facilities for enquiry and for detention in case of doubt are sufficient, but if you are not of this opinion you should suggest measures for giving greater powers to the officers in question.

18. I should also be glad to know whether it would not be desirable that liability should be attached to the landlord of premises used as a brothel, the keeper of which has been convicted of breaking the law.

19. Any cases of cruelty practised by the brothel-keepers on the inmates of the brothels can,

presume, be adequately dealt with under the existing law. I shall be glad to know whether or not you share this view.

20. I observe from the evidence given before the Committee that in Singapore, as elsewhere, it appears to be notorious that there is a class of men living upon the earnings of prostitutes, and accustomed to treat these women with brutality. I would ask you to consider whether it is feasible to legislate on the lines of the Imperial Vagrancy Act of 1898 (61 and 62 Vic. cap. 39), which imposes a severe penalty on a male person habitually living on the profits of prostitution.

I have, &c.,

28461.

SIR,

No. 29.

STRAITS SETTLEMENTS.

J. CHAMBERLAIN.

MR. CHAMBERLAIN to GOVERNOR SIR C. B. H. MITCHELL. (Confidential.)

Downing Street, April 28, 1899.

In my despatch, No. 121,* of this date, I have stated fully and frankly my views as to the questions of venereal disease and brothel slavery in the Straits Settlements. I wish to supplement that despatch by the following observations.

• No. 28.

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