CO129-231 - Acting Governor Marsh - 1887 [1-3] — Page 64

(Copy.)

No. 243.

MY LORD,

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(12)

Governor Sir G. F. Bowen, G.C.M.G., to Secretary of State.

GOVERNMENT HOUSE, HongKong, 26th May, 1885.

With reference to much previous correspondence on the same subject, and especially to my despatch No. 189 of 1883, (transmitting a Report by Mr. Justice RUSSELL,) and to Your Lordship's reply No. 284 of 1883, I have the honour to submit, for your consideration, the enclosed Bill. "for the prevention of abuses connected with Child Adoption and Domestic Service."

2. This Bill was prepared by the Registrar General, and Proctor of the Chinese (Mr. STEWART) whose letter of explanation is appended. It has been read a first time in the Legislative Council. But, as the Attorney General objects to it for the reasons assigned in the annexed Report, and is inclined to believe that the existing laws on the subject afford sufficient protection, I have thought it right, before proceeding further with this Bill, to submit it for Your Lordship's consider- ation and instructions.

3. My opinion on this entire question is fully stated in my despatch No. 189 of 1883, to which I beg to refer.

4. I would now add that all men who like myself have had long practical experience in the administration of public affairs will agree with me that, in addi- tion to the obvious general objections to all laws which confer autocratic and inquisitorial powers on individuals, a Ruler or Statesman should consider whether he is always sure of being able to lay his hand on officers to whom such extra- ordinary powers can be safely entrusted. Now no man could be properly entrusted with the powers which the proposed Bill would confer, who does not possess a thorough knowledge of the language, laws, customs, and feelings of the Chinese, and also very peculiar moral qualifications of patience and temper.

5. It was a pregnant remark of the late Lord DERBY, when Secretary of State for the Colonies in addressing the first Governor of this Colony, that to the Chinese in Hongkong, the laws and customs of England "would be a rule of action and a measure of right equally unintelligible and vexatious." The Chinese resident in this island appear to be well satisfied with the present administration of affairs. Looking to this fact and to the exciting events which have of late stirred pro- foundly the entire Chinese nation, I am inclined to the opinion that it would be better (at all events, for the present,) to rest content with the strict execution of the existing laws, rather than to risk the disturbances which might follow from any mistake or accidental or otherwise, in the exercise of such novel and inquisi- torial powers as those which would be conferred by the proposed Bill. However, I shall await Your Lordship's instructions on this point.

Enclosure 1.

Enclosure 2.

Enclosure 3.

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www.

Enclosure 1.

A BILL

ENTITLED

An Ordinance for the prevention of abuses connected with Child Adoption and Domestic Service. WHEREAS it is expedient to make further provision

for the prevention of adopted female children and female servants from being brought up in the Colony for purpose of prostitution: Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows :—-

the

1. It shall be lawful for the Registrar General, as Pro- tector of Chinese, to summou before him any person whom he reasonably suspects of having in his custody any adopted daughter, or female servant, between the age of six and sixteen inclusive, with the view of disposing of her as a prostitute; and it shall also be lawful for the Registrar General, in his discretion and after due inquiry, to call ou any such person who has the custody of any such female child to give reasonable security that such child shall not be sold, pawned, or otherwise disposed of for any immoral purpose, and that the absence of such child from the Colony shall be duly accounted for.

2. For the better carrying out of the preceding section, it shall be lawful for the Registrar General to require the production before him of any female child under adoption or domestic service; and also to summon any person who can give information as to the treatment of such child by her adopted parents or master, under a penalty not exceed ing two hundred dollars.

3. It shall be lawful for the Registrar General, in the interests of any female child, to make a written application to a Judge in Chambers for a writ of Habeas Corpus, with the view of taking away such female child from any person who has no legal claim to her custody, and whose retention

of her is prejudicial to the child's interest and liberty.

4. It shall be lawful for any person considering himself aggrieved or affected by any action of the Registrar General under this Ordinance to appeal in a summary way to a Judge in Chambers against any decision which the Regis- trar General may give under this Ordinance; and the Judge may confirm the decision of the Registrar General, or may order in writing the same to be annulled.

5. This Ordinance shall come into operation on a day to

be hereafter proclaimed by the Governor.

The Right Honourable

THE EARL OF DERBY, K.G.,

&c.,

&C.,

I have, &c.,

(Signed)

G. F. BOWEN.

No. 45.

SIR,

Enclosure 2.

Letter from the Registrar General.

REGISTRAR GENERAL'S OFFICE,

HONGKONG, May 6th, 1885,

Referring to previous correspondence in connexion with Child Adoption and Domestic Service, I have the honour to enclose the draft Bill on the subject, that it may be forwarded for the consideration of the Secretary of State for the Colonies. 2. Lord KIMBERLEY on the 18th of March, 1882, in a despatch to Governor Sir J. POPE HENNESSY (See Command Paper 3185 of 1882) called attention, in paragraphs 17, 18, and 19, to the perilous position of adopted children and of children employed in domestic service, and desired that he should be furnished with a report thereon, after a full and trustworthy enquiry into the facts.

3. This work was entrusted to Mr. Justice RUSSELL, then Registrar General and his Report is dated the 18th of July, 1883.

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