CO129-194 - Governor Hennessy Administrator Tonnochy - 1881 [8-9] — Page 334

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

Page 331

The adoption of Chinese residents of Hong Kong is deemed illegal in the Colony. I doubt whether we can interfere unless we can do so with effect.

Assuming that such a law as you propose has been worked out and passed, it will be invoked by the father or by the son against the adoptive father whose conduct to the son is questionable. But the father - if living in the Colony - is presumably a coolie or he would not have parted with his son; and the cost of the litigation would come to beyond his means. The son would still be able to carry on a Chancery suit.

There is no certainty that the contract of adoption was made in the Colony; we shall also have to consider the effect of the English laws upon a transaction made before. The jurisdiction is fraught with difficulties.

The Chinese are some 150,000; the Europeans, including Military, Naval, and Shipping, are not 5,000, of whom not more than 100 probably speak Chinese. To that number we must add the Portuguese who are mostly mixed with Chinese.

The practical difficulty is enormous in introducing a law distasteful in itself to the people who must administer it, and who, with few exceptions, will not understand it.

Everybody who writes on the subject is satisfied that the present state of things regarding adoption is scandalous.

I agree with you that the practice of adoption among Chinese residents raises difficult legal questions. I also agree with your last suggestion that entering into a foreign...

MW. Courtney. 12/12

Jagree with you as to Kidnapping and forcible detention.

[File reference should be checked]

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Page 331 The adoption of Chinese residents of Hong Kong is deemed illegal in the Colony. I doubt whether we can interfere unless we can do so with effect. Assuming that such a law as you propose has been worked out and passed, it will be invoked by the father or by the son against the adoptive father whose conduct to the son is questionable. But the father - if living in the Colony - is presumably a coolie or he would not have parted with his son; and the cost of the litigation would come to beyond his means. The son would still be able to carry on a Chancery suit. There is no certainty that the contract of adoption was made in the Colony; we shall also have to consider the effect of the English laws upon a transaction made before. The jurisdiction is fraught with difficulties. The Chinese are some 150,000; the Europeans, including Military, Naval, and Shipping, are not 5,000, of whom not more than 100 probably speak Chinese. To that number we must add the Portuguese who are mostly mixed with Chinese. The practical difficulty is enormous in introducing a law distasteful in itself to the people who must administer it, and who, with few exceptions, will not understand it. Everybody who writes on the subject is satisfied that the present state of things regarding adoption is scandalous. I agree with you that the practice of adoption among Chinese residents raises difficult legal questions. I also agree with your last suggestion that entering into a foreign... MW. Courtney. 12/12 Jagree with you as to Kidnapping and forcible detention. [File reference should be checked]
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