CO129-231 - Acting Governor Marsh - 1887 [1-3] — Page 65

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4. At page 8 of that Report, beginning with the words The Scheme which I suggest," Mr. RUSSELL indicated the safeguards which in his opinion the position of the children in question required, and the powers which should be given by law to the Registrar General to enable him to give the children the protection which their position demanded.

5. The draft of the Bill now enclosed was carefully revised by Mr. RUSSELL, and I think I may safely assume that, in his opinion, it will, if passed, attain the object for which it is intended. As, however, it may be thought that it gives un- constitutional powers to the Registrar General, His Excellency the Governor will probably desire to consult the Secretary of State, before the measure is further proceeded with. No doubt the powers which the Bill proposes to confer are ex- ceptional, but the circumstances with which it deals are exceptional also.

I have the honour to be,

The Hon. W. H, MARSH, C.M.G.,

Colonial Secretary.

Sir,

Your most obedient Servant,

Enclosure 3.

FREDERICK STEWART, Registrar General,

Report by the Attorney General.

The proposed measure provides that the Registrar General may summon before him any person whom he reasonably suspects of having in his custody any adopted daughter or female servant between the age of 6 and 16 with a view of disposing of her as a prostitute. There is no definition of what should constitute reasonable grounds of suspicion, and I think the provision confers too much arbi- trary power to be exercised without the safeguard of publicity by the Registrar General.

The measure provides for the summoning of the kind of persons above men- tioned and for calling upon them to give reasonable security against the pawning or selling of the child, but it does not say what shall be done with the person or the child if the security is not forthcoming, and indeed it is difficult to see what could be done in such case.

power

Section 3 appears to give a very extraordinary power to the Registrar General to interfere with the domestic affairs of the Chinese population and a kind of which could not possibly be efficiently exercised by a Government department especially as nothing is provided touching what is to be done with a child who has been set free under the provisions of the section.

Section 4 is objectionable as giving the judges duties and powers which are in no proper sense of the word judicial.

May 18th, 1885.

EDWARD O'MALLEY.

DOWNING STREET,

12th September, 1885.

(13)

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

(Copy.)

Hongkong. No. 51. SIR,

I have the honour to acknowledge the receipt of your despatch, No. 243, of the 26th of May last, submitting for my consideration a Bill for the prevention of abuses connected with Child Adoption and Domestic Service," together with a Report by the Attorney General, objecting to the proposed measure on various grounds and suggesting that the existing laws on the subject afford sufficient protection.

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2. In the absence of further and more convincing arguments than those at present before me, I am not prepared to sanction the abandonment of the proposed Ordinance; and I should be glad, if possible, to ascertain the views of some of the leading Chinese in the Colony and of the PO LEUNG KUK in regard to the Bill.

3. The draft Ordinance embodies the suggestions made by Mr. RuSSELL in his Report of 18th July, 1883, (pp. 8 and 9), which were apparently not opposed by the leading Chinese, and were supported by yourself and your Executive Council (as reported in your despatch, No. 189, of 13th August, 1883), and were approved by my predecessor. I am not in possession of any information, which would lead me to suppose that circumstances have altered since 1883, so as to render an Ordi- nance of this kind less necessary or less desirable.

4. The general objection that the Ordinance will put arbitrary powers in the hands of the Registrar General is a serious one; but it may probably be met by making some amendments in the draft.

5. Taking the specific objections which the Attorney General raises in order:---

(1.) "There is no definition of what should constitute reasonable grounds

of suspicion."

It would not be impossible to formulate some sort of definition, and before proceeding with the Bill perhaps you will call upon the Attorney General to draw up such a definition, to be embodied in Section 1.

(2.) "I think the provision confers too much arbitrary power to be exercised without the safeguard of publicity by the Registrar General." I would suggest for your consideration that the re- quired safeguard might perhaps be obtained by providing in the Ordinance some means for adopting the proposal made by Mr. RUSSELL in the Report, above referred to, that certain members of the Chinese Society for the Protection of Women and Children should be associated with the Registrar General as a Consulting Committee.

(3.) "It does not say what shall be done with the person or the child if the security is not forthcoming, and indeed it is difficult to see what could be done in such case.'

But it appears to me that in that case the child could be taken away from the person, with whom she is living, under the provi- sions of Section 3.

(4.) In regard to the objection that this section 3 involves too great interference "with the domestic affairs of the Chinese population," I am of opinion that this might be met by the association with the Registrar General of some members of the Chinese Society for the Protection of Women and Children, as above suggested. Such Association would at the same time solve the difficulty as to "what is to be done with a child who has been set free under the provisions of this section," for the rules of the Society expressly provide for the care and disposition of such children.

6. With regard to the Attorney General's objection to the provisions of Section 4, I am not of opinion that it is of sufficient weight to prevent this section being enacted as part of the Bill.

7. Evils of the kind dealt with in this draft Ordinance should, in my opinion, be opposed by giving strong powers to the Executive; and the abuse of such powers may be prevented by giving the greatest possible publicity to what is done. The desired publicity would to some extent be obtained by associating the Chinese Committee with the Registrar General; and the latter might also be required to make periodical reports to the Governor of all action taken under the Ordinance, which reports might, if thought desirable, be published.

Governor Sir G. F. BOWEN, G.C.M.G.,

&c,,

&c..

&c.

I have, &c.,

(Signed)

FRED. STANLEY.

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