Chinese think so too; for it will be remembered that money always passes when strangers-in-blood are adopted, as well as in cases of domestic service. The registration of such a transaction at a Government office would be at once construed as giving a good title in virtue of the money payment and it would be used against a child seeking its freedom. Frequently Chinese will come to the Registrar General's office and ask to have a transaction of sale into adoption witnessed with the view of having the fact recorded that a certain amount of money was advanced or paid. This is to preserve evidence in case a claim is made for the child. The danger therefore is that the Government would be compromised by countenancing in any way a transaction where money was paid for a child. I think a modification of Lord KIMBERLEY's second suggestion would be practicable, as it is based on the universal custom of giving security which prevails in China. It would work smoothly and probably accomplish much good. At all events it might be tried as an experiment.
The scheme which I suggested is that power should be given to the Registrar General to summon before him suspicious persons who had "pocket-daughters" or female domestic servants, and in his discretion to call upon them to find reasonable security for their bona fides towards such children. The Registrar General should associate with himself say three or four members of the Po Leung Kuk—the Chinese society for the protection of women and children—who would advise him as a Consulting Committee. He should also have power to summon before him all women of disreputable character who kept girls between the ages of 8 and 16 inclusive by virtue of adoption or of purchase for domestic service. He should have power to require the attendance of the girls at his office before himself and the consulting Chinese Committee. He should be able also to summon persons as witnesses who could give information about either the children or their so-called owners. The girl could be instructed in her rights in cases of suspicion and shown how she could be protected; and the woman put under a rule of bail to produce the girl when required. There should also be a power of appeal in a summary way to a Judge in chambers against any order of the Registrar General, and the Registrar General should be empowered to apply to a Judge for a writ of Habeas Corpus with the view of taking away any child from the custody of persons who had no right to keep it, and whose retention of it militated against the child's interests. The Judge of course would be governed by the principles of English law and make such order as the best interests of the child demanded. The knowledge of the existence of such a power and its occasional exercise would, in my opinion, be most useful, and the leading Chinese whom I have consulted think it is the only practical method yet suggested which whilst not interfering with the respectable and settled population would be a very powerful aid towards suppressing the "Tsó Chú fa" nurseries for rearing up young girls for immoral purposes. The names of the consulting Chinese Committee should be approved by the Governor. The Committee would have no executive power. Their function would be purely consultative.
By way of further precaution, and for the better promulgation of our law of liberty, I think there might also be erected in some of the public thoroughfares on the borders of our territory on the mainland and near some of the Chinese wharves stone tablets with inscriptions to the effect that in British territory no such thing as slavery existed, and that all transactions of purchase and sale of children were null and void. Similar tablets might be placed at the Temples and Theatres and other places of public resort. The Chinese promulgate edicts by proclamations and have engraved on stone what they want to be permanent. I would suggest also that notice boards should be put up permanently in the River steamers pointing out that every woman and child had a right to personal freedom and that no money bargain could be valid on English soil. On the steamers plying between Canton and here, and Macao and this port, and in the passenger steamers to the Straits Settlements such notices are posted up by the Emigration Officer warning people who go before him that they are free to refuse to go on board if they wish, and that they can complain to the officers on the ships or at Singapore. A more general statement of the rights of all persons might be prepared and painted on white boards. With these precautions in addition to those now in force, and a continued vigilant care on the part of all Judicial and Executive officers to promptly attend to all cases where there is any suspicion against the liberty of the subject, the abuses arising from the system of domestic service and adoption will be all but put a stop to, whilst the views of the Chinese—who are the bulk of the population—will be met, and their customs and usages maintained, (so far as is consistent with perfect freedom of the subject) as was promised them when Hongkong was erected into a Colony and they were invited to settle here.
TO RECAPITULATE.
1. It is shown that child adoption in China and among the Chinese in Hongkong is always accompanied by the payment of money and a "deed of gift" or bill of sale when the adopted are strangers-in-blood; and that even money passes in the case of relatives if the parents of the adopted child are poor or not nearly related to the adopting parents.
2. It is shown that male children are not bought and sold as servants in Hongkong nor in the Canton province, but that female children are disposed of for money by their parents according to Chinese usage and custom, and that the Chinese authorities recognise such sales as binding if executed with due formalities, whilst Hongkong treats all such transactions as null and void, giving no rights and conferring no title.
3. It is shown that the abuses arising from the Chinese system of passing in the case of adoption and domestic service are:—
1° Kidnapping to some extent.
2° Brothel bondage; and that female children who are voluntarily parted with by their parents for daughters and servants may be sold as prostitutes by disreputable persons.
4. It is shown that claims set up by Chinese to ownership on the ground of purchase have been promptly set aside in Hongkong and the claimants punished for any assault or offence committed against the person claimed—and that no opportunity has been lost of proclaiming the freedom of the subject.
5. It has been shown that the laws have been amended from time to time to the utmost limit to protect women and girls and children against forced or fraudulent emigration or sales for purposes of prostitution, (see Ordinance 2 of 1875, annexed).
6. It has been shown that the supervision of brothels, the instructing the registered women as to their rights, and the system of photographing registered prostitutes and women and children who intend to emigrate, have done much good and that there has been an enormous reduction in the kidnapping cases and selling women for prostitution since the introduction of those measures, convictions being 29 persons in 1882 as against 68 in a former year, and only 4 up to the present date.
7. It has been shown that there are fatal objections to the registration of children purchased for adoption or domestic service, and it is suggested that the Registrar General and a Chinese Committee should investigate cases of a suspicious nature with power to call upon "pocket-mothers" to give security for their bona fides towards "pocket-daughters"; also that the Registrar General should be able to apply to a Judge in Chambers for a writ of Habeas Corpus with the view of taking away from improper custodians a purchased child. It is also suggested that stone tablets stating the law of freedom on English soil should be erected in places of public resort.
J. RUSSELL.
9
54
Chinese think so too; for it will be remembered that money always passes when strangers-in-blood are adopted, as well as in cases of domestic service. The regis- tration of such a transaction at a Government office would be at once construed as giving a good title in virtue of the money payment and it would be used against a child seeking its freedom. Frequently Chinese will come to the Registrar General's office and ask to have a transaction of sale into adoption witnessed with the view of having the fact recorded that a certain amount of money was advanced or paid. This is to preserve evidence in case a claim is made for the child. The danger therefore is that the Government would be compromised by countenancing in any way a transaction where money was paid for a child. I think a modification of Lord KIMBERLEY's second suggestion would be practicable, as it is based on the universal custom of giving security which prevails in China. It would work smoothly and probably accomplish much good. At all events it might be tried as an experiment.
The scheme which I suggested is that power should be given to the Registrar Ge- neral to summon before him suspicious persons who had "pocket-daughters" or female domestic servants, and in his discretion to call upon them to find reasonable security for their bona fides towards such children. The Registrar General should associate with himself say three or four members of the Po Leung Kuk-the Chinese society for the protection of women and children-who would advise him as a Consulting Committee. He should also have power to summon before him all women of disreputable character who kept girls between the ages of 8 and 16 inclusive by virtue of adoption or of purchase for domestic service. He should have power to require the attendance of the girls at his office before himself and the consulting Chinese Committee. He should be able also to summon persons as witnesses who could give information about either the children or their so-called owners. The girl could be instructed in her rights in cases of suspicion and shewn how she could be protected; and the woman put under a rule of bail to produce the girl when required. There should also be a power of appeal in a summary way to a Judge in chambers against any order of the Registrar General, and the Registrar General should be empowered to apply to a Judge for a writ of Habeas Corpus with the view of taking away any child from the custody of persons who had no right to keep it, and whose retention of it militated against the child's interests. The Judge of course would be governed by the principles of English law and make such order as the best interests of the child demanded. The knowledge of the existence of such a power and its occasional exercise would, in my opinion, be most useful, and the leading Chinese whom I have consulted think it is the only practical method yet suggested which whilst not interfering with the respectable and settled population would be a very powerful aid towards sup. pressing the "Tsó Chú fa" nurseries for rearing up young girls for immoral purposes. The names of the consulting Chinese Committee should be approved by the Governor. The Committee would have no executive power. Their function would be purely consultative. By way of further precaution, and for the better promulgation of our law of liberty, I think there might also be erected in some of the public thoroughfares on the borders of our territory on the mainland and near some of the Chinese wharves stone tablets with inscriptions to the effect that in British territory no such thing as slavery existed, and that all transactions of purchase and sale of children were null and void. Similar tablets might be placed at the Temples and Theatres and other places of public resort. The Chinese promulgate edicts by proclamations and have engraved on stone what they want to be permanent. I would suggest also that notice boards should be put up per- manently in the River steamers pointing out that every woman and child had a right to personal freedom and that no money bargain could be valid on English soil. On the steamers plying between Canton and here, and Macao and this port, and in the passenger steamers to the Straits Settlements such notices are posted up by the Emigration Officer warning people who go before him that they are free to refuse to go on board if they wish, and that they can complain to the officers on the ships or at Singapore. A more general statement of the rights of all persons might be prepared and painted on white boards. With these precautions in addition to those now in force, and a continued vigilant care on the part of all Judicial and Executive officers to promptly attend to all cases where there is any suspicion against the liberty of the subject, the abuses arising from the system of domestic service and adoption will be all but put a stop to, whilst the views of the Chinese--who are the bulk of the population--will be met, and their customs and
usages maintained, (so far as is consistent with perfect freedom of the subject) as was promised them when Hongkong was erected into a Colony and they were invited to settle here.
TO RECAPITULATE.
1 It is shown that child adoption in China and among the Chinese in Hong- kong is always accompanied by the payment of money and a "deed of gift" or bill of sale when the adopted are strangers-in-blood; and that even money passes in the case of relatives if the parents of the adopted child are poor or not nearly related to the adopting parents.
2o. It is shewn that male children are not bought and sold as servants in Hongkong nor in the Canton province, but that female children are disposed of for money by their parents according to Chinese usage and custom, and that the Chinese authorities recognise such sales as binding if executed with due formalities, whilst Hongkong treats all such transactions as null and void, giving no rights and conferring no title.
3o. It is shewn that the abuses arising from the Chinese system of passing in the case of adoption and domestic service are :-
1° Kidnapping to some extent.
money
2o Brothel bondage; and that female children who are voluntarily parted with by their parents for daughters and servants may be sold as prostitutes by disreputable persons.
4 It is shewn that claims set up by Chinese to ownership on the ground of purchase have been promptly set aside in Hongkong and the claimants punished for any assault or offence committed against the person claimed-and that no oppor- tunity has been lost of proclaiming the freedom of the subject.
5 It has been shewn that the laws have been amended from time to time to the utmost limit to protect women and girls and children against forced or fraudu- lent emigration or sales for purposes of prostitution, (sce Ordinance 2 of 1875, annexed).
6. It has been shewn that the supervision of brothels, the instructing the registered women as to their rights, and the system of photographing registered prostitutes and women and children who intend to emigrate, have done much good and that there has been an enormous reduction in the kidnapping cases and sel- ling women for prostitution since the introduction of those measures, convictions being 29 persons in 1882 as against 68 in a former year, and only 4 up to the present date.
7. It has been shewn that there are fatal objections to the registration of children purchased for adoption or domestic service, and it is suggested that the Registrar General and a Chinese Committee should investigate cases of a suspicious nature with power to call upon "pocket-mothers" to give security for their bond fides towards "pocket-daughters"; also that the Registrar General should be able to apply to a Judge in Chambers for a writ of Habeas Corpus with the view of taking away from improper custodians a purchased child. It is also suggested that stone tablets stating the law of freedom on English soil should be erected in places of public resort.
J. RUSSELL.
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