CO129-211 - Governor Sir Bowen - 1883 [8-9] — Page 164

159

(16)

Prunslation of a bill of sale put forward by

1.

J.

a Claimant at the Registrar General's Office, Hongkong, 1882. The names are left out.

native of the Pi She of the Tung Kun District do clearly draw up this bond regarding the sale of my daughter. I, being in need of money and having consulted my wife, am willing to sell my second daughter to another family to act as a servant girl, and I have fixed the and she is six years old. She was born price an thirty-two dollars exactly. Her name is

on the 2nd day of End moon at Shan, time (6 A.M. to 8 A.M.). She was taken by the go-between to the Shiu family for inspection, who were pleased with her, and at once offered a current price of thirty-two dollars exactly for her for her services as a servant girl. The said family and myself, having thoroughly understood and mutually agreed to the conditions of the bargain, have appointed a day for its completion. My wife and myself have personally received thirty-two dollars exactly for the sale of the daughter. None of the dollars are broken and they are all of full weight. This bargain was publicly made. The girl was not given up in order to settle a claim nor was she abducted. In case of there being any uncertainty about the origin of the girl, the

and the go-between

The purchasers matter must be settled by the said father have nothing to do with this. I declare that I must take back the girl and return the money received for her if she is found to have been already betrothed or is suffering from leprosy. As regards other accidents which way befall her in future, we must all submit to the will of Heaven. When she grows to maturity and is married We cannot avail of this opportunity to extort money.

to another family, her father and mother should be notified of it so that they might communicate with her. The masters are at liberty to re-sell her to another family for disobedieuce. There can be no impediment to this. After the sale, the father and mother cannot have frequent intercourse with her without reason. The masters can give her any other name they please. Both parties have understood and agreed to this in the presence of the go-between. A bond, regarding the sale of the daughter, is drawn up on the same day and handed to the purchasers as a proof.

[

(Signed)

go-between

(Herewith Finger-mark).

The party making }

this Bond.

10th day of 9th moon of the 13th Year of Tung Chi.

(Signed)

39

K.

From Sir Thomas Wade's Documentary Series of the "Tsz-urh-chi,”

SALE OF A DAUGHTER TO BE A CONCUBINE.

Ng Fung-ming, the party signing this deed of sale being in great poverty, has, through the of To I, sold his own daughter, Ng Üt-chan, aged seventeen, to U-lo-ye, for a concubine. agency "It having been agreed in the presence of the agent that the price to be paid for her should be Six "hundred taels, (about £200) and this sum having been paid in full in the presence of the agent, "the purchaser is free, from the time of the sale, to take away the seller's daughter, namely Ng Ut- "chan: nor will the seller or the seller's wife gainsay his right. These parties also agree once for "all that they will never more hold intercourse with her, or visit her. If she infringe the regula "tions of U lo-yes household, he will be free as head of the family to correct her; it will not be in "her father's power to interfere. If she fall sick or die young, (it will be held to be) the will of "Heaven. For any intrigue or fraud (on the part of her parents), the agent To I will be responsible. "This deed of sale is expressly executed lest hereafter there should be no evidence of the sale. "Signed with the finger mark of Ng Fung-ming and Ting his wife, being the parties executing the "deed, and by the agent To I."

Nors.This woman would be called among foreigners the 2nd, 3rd, or 4th wife of Mr. U. The so-called 2nd, 3rd, and 4th wives are concubines and nothing else. A Chinaman has only one wife properly so-called, She often procures the concubine for her husband; but the children are regarded as having equal rights with those of the "number one wife."

J. R.

(17)

L.

No. 6 OF 1873.

An Ordinance enacted by the Governor of Hongkong, with the Advice of the Title

Legislative Council thereof, for the better Protection of Chinese Women and Female Children, and for the Repression of certain Abuses in relation to Chinese Emigration.

[8th May, 1873.]

Abduction of Woman or female Child with Intous,

C

Was it chase, or to make hatten Provision for the Punishment of Persons guilty of Preamble. selling, purchasing, or decoying into the Colony, or unlawfully detaining therein Chinese Women and female Children for the Purpose of Prostitution, and of decoying Chinese into or away from this Colony for the Purpose of Emigration, or for any other Purpose whatsoever: Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-

I. Whosoever shall bring, lead, take, decoy, or entice into the Colony any Woman or female Child with Intent to sell her for the Purpose of Prostitution, or who shall sell or purchase any Woman or female Child for the purpose aforesaid, or who shall knowingly derive any Profit from the Sale or Purchase of any Woman or female Child so sold or purchased as aforesaid, shall be guilty of a Misdemeanor, and on Conviction thereof, shall be liable to the Punishments hereinafter provided.

II. Whosoever shall unlawfully detain any Woman or female Child in any Place against her Will with the Intent that she may become a Prostitute, or for any other Purpose whatsoever, or who shall by any false Pretences, false Representations, or other fraudulent Means procure any Woman or female Child to have illicit carnal Connexion with any Man, shall be guilty of a Misdemeanor, and on Conviction thereof, shall be liable to the Punishments hereinafter provided.

III. Whosoever shall unlawfully receive, or harbor any Woman or female Child with Intent that such Woman or female Child should be sold or purchased for the Purpose of Prostitution, shall be guilty of a Misdemeanour, and on Conviction thereof, shall be liable to the Punishments herein- after provided.

IV. Whosoever shall unlawfully by Force or Fraud imprison or detain any Person within the Colony, for the Purpose of Emigration, or for any other Purpose whatsoever, shall be guilty of a Misdemeanour, and on Conviction thereof, shall be liable to the Punishments hereinafter provided. V. Whosoever shall unlawfully, by Force, Intimidation, or any fraudulent Means bring, lead, take, decoy, or entice any Person into or away from the Colony, for the Purpose of Emigration, or for any other Purpose whatsoever, shall be guilty of a Misdemeanour, and on Conviction thereof, shall be liable to the Punishments hereinafter provided.

VI. Every Person who shall be convicted of any Offence against the Provisions of this Ordinance shall be liable to be imprisoned for any Term not exceeding Two Years with or without Hard Labour. VII. All Offences against this Ordinance may be heard and determined summarily by two Magistrates sitting together, who shall constitute a Court for this Purpose: Provided that if at the Close of the Investigation, the Accused shall apply for a Trial by Jury, or the Magistrates shall be of opinion that the Case ought to be so tried, they may commit the Accused for Trial at the Supreme Court.

VIII. The Provisions of Section LXVI of Ordinance No. 4 of 1865 shall apply to every Summary Conviction under this Ordinance.

Soiling or purchasing.

Detaining Woman er female Child

Prostitution

for Porpeso of

Recelsing or Harbouring

with Intent,

4.

Bolawful Imprisonment

or Dalension.

Decoying

o away from the Colony.

Punishmeet

for Offences.

Trial of

Odences

Summary Sunvictions.

of

steanddat Aubsequent Convictions

IX. Whenever any Person shall be convicted before the Supreme Court of any Offence against rapp the Provisions of this Ordinance, if it shall be proved that the Offender has been previously convicted either before the Supreme Court, or before two Magistrates sitting together, of su Offence under the same or any other Section of this Ordinance, it shall be lawful for the Court, in its Discretion, to direct that, in addition to the Punishment herein before prescribed, the Offender, if a Male, be once, twice, or thrice publicly or privately whipped subject to the Provisions contained in Section I of Ordinance No. 3 of 1868; and all the Provisions of Section XCIV of Ordinance No. 7 of 1865 relating to the Form of Information for a subsequent Offence and Proceedings thereon, shall apply to Offences punishable under this Ordinance.

Statement of Objects and Reasons.

The Provisions of this Ordinance are intended to repress certain offences and abuses which there is reason to believe are of frequent occurrence among the lower classes of the Chinese Population of this Colony, viz., the buying and selling of women and girls and their forcible or fraudulent abduction or detention for the purposes of prostitution. Also the decoying away under false pretences, or the abduction by force or intimidation, of persons for the purposes of Chinese Emigration. All the offences defined by this Ordinance are in a great measure ejusdem generis, and are made punishable alike by imprisonment with or without hard labour for a period not exceed ing two years; and power is given to the Supreme Court, whenever previous convictions are proved, to direct the offender, if a male, to be whipped under the Provisions of Ordinance No. 3 of 1868. It is proposed that this Ordinance should not come into force until Her Majesty's confirmation of it has been received, and therefore the usual Suspending Clause to that effect has been inserted,

JULIAN PAUNCEFOTE, Attorney General.

NOTE. The above statement was appended to the Bill when introduced early in 1873.

J. R

Form of

Information

and Proced-