(2)
given to the parents, called "compensation money for the expense of rearing the child," and in that case, a "presentation card or paper reciting the transaction is given to the adopting parents, but there is no "deed of sale," properly so-called, as in the case of strangers, as will presently appear.
13
If the head of the family desires to adopt a male child as a son and is unable to obtain a relation, he is apparently at liberty to adopt a stranger-in-blood, for whom, however, he almost invariably pays a price. The stranger may be of the same surname, although of a different clan-if so all the better. A "deed of sale" is almost invariably executed and given to the new parents. The surname and name are changed and the clan is notified of the fact. A stranger thus adopted becomes entitled to the same rights and privileges as one adopted from among relatives. Adopted sons, whether relatives or strangers, have equal rights with natural-born sons, whether by the lawful wife or by a concubine. The Fokienese, Hakka and Chiu Chow people in the Colony are apparently not so tied down to seeking male relations for adoption as are the Cantonese.
Adoption of female children as daughters.
The system is conducted in the same manner as the adoption of males; but comparatively few female children are adopted. They have equal rights with natural-born daughters. They are provided with a dowry when married, but, like natural-born daughters, they have no other claim on the inheritance. The daughter takes nothing by an intestacy. Every woman is supposed to get married; on doing so she leaves the family and is absolutely in manu of the husband, even to a power of sale.
It is to be feared, however, that a very considerable number of female children are adopted from amongst strangers, (and therefore with a money payment,) with the intent that they should ultimately become prostitutes. These children are called "pocket-daughters." Their so-called mothers are called "pocket-mothers." They are taught Chinese music, and are regularly trained for the profession of courtezans. At an early age they are the victims of debauchees, who "deflower them in sly brothels," paying the "pocket-mother" a large price, and the girl is thus launched on a brothel career. These young girls are said to be brought from Canton or Macao at the age of 13 or 14 years, "and are deflowered according to 'bargain' and as a regular matter of business for large sums of money, which go 'to their owners, frequently it would appear their own parents.' The regular earnings of the girls go to the same quarter, and the unfortunate creatures obviously form subjects of speculation to regular traders in this kind of business 'who reside beyond our jurisdiction.'" (See Hongkong Contagious Diseases' Commission. 1879, page 45).
II.
Domestic Service amongst Chinese.
The most careful inquiry shows that no male children are bought and sold here as slaves or servants, and confirms the statements in the Blue-book that "Boys are sold to be sons not slaves" and "that no such thing as a slave boy exists in Hongkong." It might too with truth have been added "nor in Canton." By Chinese custom and usage, for the purpose of domestic service Chinese female children are often pledged with a power of redemption, but more frequently purchased out and out from poor parents. The price varies considerably. I have known of
(3)
a young child being bought at Macao for a dollar. A "deed of sale," or a "deed of gift" as it is more frequently called, is given to the purchaser. This "deed of gift" of course is a mere euphemism. It is a bill of sale, and purports to sell and convey a title with a warranty. Money is given as the consideration for the control of the services of the child, in most cases "for ever without redemption." The purchaser has a power of re-sale, although some dispute it. It is certainly exercised amongst the Chinese in the mainland, and occasionally in Hongkong. Their books have a common form of re-sale. (See appendix for a number of forms).
It is not within the scope of this Memorandum to discuss the question how far children of poor Chinese benefit by the existence of their custom of sale, or how far infanticide is checked thereby. That has been done elsewhere, and was the subject of debate in the House of Lords. (Hansard, vol. 253, page 398, of 21st June, 1880). But it is certain that the parents give for money and by deed or other written instrument a complete power over their child, and purport to divest themselves of all control over its future. They make certain stipulations such as that when the girl grows up she shall be married. The Chinese Officials recognise these bargains of pledge and sale as binding, even, it appears, where the child has been previously stolen provided the purchaser has complied with the custom in getting a deed with the go-between as witness and agent. They would restore a runaway purchased servant to the vendee, as will be seen from the correspondence enclosed in a despatch to the Secretary of State in the time of Sir RICHARD MACDONNELL. (See 387 of 29th July, 1867). In that case, a girl was the purchased servant of a Mandarin. She was nearly 19 years. She came to Hongkong because she had been beaten, and the British Consul at the request of the Mandarins asked that she might be sent back, as the master had a "property" in her. The Governor very emphatically refused to recognise any such subject of property in this Colony, and said that as the girl was guilty of no crime, and wished to stay in Hongkong, he would not give her up.
The Canton authorities also demanded in 1869 the rendition of a girl 21 years of age and her father on the ground that the girl's father and grand-mother had betrothed her in infancy. The girl was born in Hongkong. The father—a Chinese domiciled here—and the daughter refused to carry out the engagement, because the intended husband was reputed to be a leper. The Canton authorities claimed her as "belonging" to the intended husband and his family. It is needless to say that the girl was allowed to exercise her own free will (see Governor MACDONNELL'S despatches to Secretary of State 790 of 1869 and 855 of 1870). The Governor very clearly laid down the principles which Englishmen maintain as to "holding property in persons" and what would be the conduct of the Government of Hongkong vis-à-vis China in such cases; and no chance has ever since been lost of bringing out the difference between our law and theirs, and of pointing out the uncompromising requirements of the English race on questions of personal liberty. The obligations cast by Chinese custom upon the purchasers of servants are only enforced by social sanction. They do not seem to be enforced by any positive law. It is said that good masters and good mistresses never sell their purchased servants as prostitutes nor sell them at all unless when compelled to do so by poverty, and then they sell them to good people. This would seem to admit the power to sell as prostitutes. By Ordinance No. 2 of 1875 any person who purchases or sells in the Colony for prostitution any woman or female child or brings into the Colony any woman or female child purchased or sold out of the Colony for the purposes of prostitution, or harbours or receives them knowing them to have been purchased or sold for such purpose, is liable to two years' hard labour, and on a second conviction the offender, if a male, may be flogged. Indeed, the provisions of this Ordinance for the protection of women and children are of the strictest nature. It was introduced in 1873 and amended in its present form (see Appendix L.).
152
(2)
given to the parents, called "compensation money for the expense of rearing the child," and in that case, a "presentation card or paper reciting the transaction is given to the adopting parents, but there is no "deed of sale," properly so-called, as in the case of strangers, as will presently appear.
13
If the head of the family desires to adopt a male child as a son and is unable to obtain a relation, he is apparently at liberty to adopt a stranger-in-blood, for whom, however, he almost invariably pays a price. The stranger may be of the same surname, although of a different clan-if so all the better. A "deed of sale is almost invariably executed and given to the new parents. The surname and name are changed and the clan is notified of the fact. A stranger thus adopted be- comes entitled to the same rights and privileges as one adopted from among relatives. Adopted sons, whether relatives or strangers, have equal rights with natural- and if after adoption a son is born to the adopting parents the adopted son loses none of his rights, but shares equally in the patrimony with the natural-
Sons take equal shares, whether by the lawful wife or by a concubine. The Fokienese, Hakka and Chiu Chow people in the Colony are apparently not so tied down to seeking male relations for adoption as are the Cantonese.
born sons,
born son.
Adoption of female children as daughters.
The system is conducted in the same manner as the adoption of males; but comparatively few female children are adopted. They have equal rights with natural-born daughters. They are provided with a dowry when married, but, like natural-born daughters, they have no other claim on the inheritance. The daughter takes nothing by an intestacy. Every woman is supposed to get married; on doing so she leaves the family" and is absolutely in manu of the husband, even to a power of sale.
It is to be feared, however, that a very considerable number of female children are adopted from amongst strangers, (and therefore with a money payment,) with the intent that they should ultimately become prostitutes. These children are called "pocket-daughters." Their so-called mothers are called "pocket-mothers." They are taught Chinese music, and are regularly trained for the profession of courtezans. At an early age they are the victims of debauchees, who "deflower them in sly brothels," paying the "pocket-mother" a large price, and the girl is thus launched on a brothel career. These young girls are said to be brought from Canton or Macao at the age of 13 or 14 years, "and are deflowered according to "bargain and as a regular matter of business for large sums of money, which go "to their owners, frequently it would appear their own parents. The regular earnings of the girls go to the same quarter, and the unfortunate creatures obviously form subjects of speculation to regular traders in this kind of business "who reside beyond our jurisdiction." (See Hongkong Contagious Discases' Com- mission. 1879, page 45),
II.
Domestic Service amongst Chinese.
The most careful inquiry shews that no male children are bought and sold here as slaves or servants, and confirms the statements in the Blue-book that "Boys are sold to be sons not slaves" and "that no such thing as a slave boy exists in Hongkong." It might too with truth have been added "nor in Canton." By Chinese custom and usage, for the purpose of domestic service Chinese female children are often pledged with a power of redemption, but more frequently purchased out and out from poor parents. The price varies considerably. I have known of
(3)
a young child being bought at Macao for a dollar. A "deed of sale," or a "deed of gift" as it is more frequently called, is given to the purchaser. This "deed of gift" of course is a mere euphemism. It is a bill of sale, and purports to sell and convey a title with a warranty. Money is given as the consideration for the control of the services of the child, in most cases "for ever without redemption." The purchaser has a power of re-sale, although some dispute it. It is certainly exercised amongst the Chinese in the mainland, and occasionally in Hongkong. Their books have a common form of re-sale. (See appendix for a number of forms).
It is not within the scope of this Memorandum to discuss the question how far children of poor Chinese benefit by the existence of their custom of sale, or bow far infanticide is checked thereby. That has been done elsewhere, and was the subject of debate in the House of Lords. (Hansard, vol. 253, page 398, of 21st June, 1880). But it is certain that the parents give for money and by deed or other written instrument a complete power over their child, and purport to divest them- selves of all control over its future. They make certain stipulations such as that when the girl grows up she shall be married. The Chinese Officials recognise these bargains of pledge and sale as binding, even, it appears, where the child has been previously stolen provided the purchaser has complied with the custom in getting a deed with the go-between as witness and agent. They would restore a runaway pur- chased servant to the vendee, as will be seen from the correspondence enclosed in a despatch to the Secretary of Statein the time of Sir RICHARD MACDONNELL. (Sce 387 of 29th July, 1867). In that case, a girl was the purchased servant of a Mandarin. She was nearly 19 years. She came to Hongkong because she had been beaten, and the British Consul at the request of the Mandarins asked that she might be sent back, as the master had a "property" in her. The Governor very emphatically refused to recognise any such subject of property in this Colony, and said that as the girl was guilty of no crime, and wished to stay in Hongkong, he would not give her up.
The Canton authorities also demanded in 1869 the rendition of a girl 21 years of age and her father on the ground that the girl's father and grand-mother had betrothed her in infancy. The girl was born in Hongkong. The father--a Chinese domiciled here--and the daughter refused to carry out the engagement, because the intended husband was reputed to be a leper. The Canton authorities claimed her as "belonging" to the intended husband and his family. It is needless to say that the girl was allowed to exercise her own free will (see Governor MACDONNELL'S despatches to Secretary of State 790 of 1869 and 855 of 1870). The Governor very clearly laid down the principles which Englishmen maintain as to "holding property in persons" and what would be the conduct of the Government of Hong- kong vis-à-vis China in such cases; and no chance has ever since been lost of bringing out the difference between our law and theirs, and of pointing out the uncompromising requirements of the English race on questions of personal liberty. The obligations cast by Chinese custom upon the purchasers of servants are only enforced by social sanction. They do not seem to be enforced by any positive law It is said that good masters and good mistresses never sell their purchased servants as prostitutes nor sell them at all unless when compelled to do so by poverty, and then they sell them to good people. This would seem to admit the power to sell as prostitutes. By Ordinance No. 2 of 1875 any person who purchases or sells in the Colony for prostitution any woman or female child or brings into the Colony any woman or female child purchased or sold out of the Colony for the purposes of prostitution, or harbours or receives them knowing them to have been purchased or sold for such purpose, is liable to two years' hard labour, and on a second convie- tion the offender, if a male, may be flogged. Indeed, the provisions of this Ordinance for the protection of women and children are of the strictest nature. duced in 1873 and amended in its present form (see Appendix L.).
It was intro-
152
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