CO129-231 - Acting Governor Marsh - 1887 [1-3] — Page 68

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Security bond.

Fower to make provision for maintaining women and children.

Power of search.

Women and

children

escaping fron detention may be arrested and perso abetting

Caciu

punished.

Kulee.

34

LEET

7. The seenrity to be given under section one hereof shall be in the form specified in the schedule bereto or in such other form as may for the time being be proseribed by the Governor in Council.

8. It shall be lawful for the Governor in Conneil ont of moneys to be provided by the Legislative Council for that purpose to provide suitable building or buildings for the purposes of this Ordinance and thereont also to defray the cost of the care maintenance and education of all persons detained under the provisions of this Ordinance.

9. The Protector and any officer of the Chinese Protec- torate generally authorised for that purpose in writing by the Protector shall have power to search any ship houso building or other place where he has reasonable cause to suspect that there is any woman or girl who is or may be liable to be dealt with under the provisions of this Ordi- nance and may remove any such woman or girl to a place of safety to be there detained until her case can be enquired into.

10. (1)--Every person detained under the provisions of this Ordinance shall be subject to such rules and regula- tions as may be made by the Governor in Council and every such person who contrary to such rules and regula- tious leaves any place in which she is detained may be arrested by any Police Officer or by any officer of the Chinese Protectorate and taken back to such place.

(2)- Any person who induces or assists any person de- tained under this Ordinance to leave contrary to such rules and regulations as aforesaid the place in which such person is detained or knowingly harbours any such person shall be liable to a fine not exceeding one hundred dollars or to in- prisonment of either description not exceeding one calendar month or to both fine and imprisonment,

11. (1) The Governor in Council may make and when made revoke add to and alter rules for all or any of the following purposes :-

(i) The manner in which appeals to the Governor in

Council shall be made and conducted.

(i) The care maintenance and education of women and

girls detained under this Ordinance.

(iii) The manner and conditions in and under which the powers conferred by this Ordinance shall be exercised by the persons on whom such powers are conferred.

(iv) Generally in relation to any matters whether similar or not to those above-mentioned as to which it may be expedient to make rules for carry- ing into effect the objects of this Ordinance. (2)--Such rules when made shall be published in the Government Gazette and shall thereupon have the force of law and any person disobeying or infringing any such rule shall be liable to a fine not exceeding fifty dollars or to imprisonment of either description not exceeding one month or to both fine and imprisonment.

SCHEDULE.

Know all men by these presents that wo and

are held and firmly bound unto the Queen's Most Excellent Majesty Her Heirs and Successors in the sum of $

to be paid to the Colonial Treasurer for the time being of the Straits Settlements to which payment we bind ourselves and each of us our and each of our heirs executors and administrators firmaly by these presents. Scaled with our Seals. Dated this day of

188

Now the condition of this obligation is that if one who is now residing at

shall not quit or be taken witbont the

or removed from the Settlement of previous permission in writing of the Protector of Chinese Immi- grants [or Assistant Protector of Chinese Immigrants] for the time being then this obligation to be vold otherwise to remain in full force and virtue.

and

Signed scaled and delivered by the abore-boundlen

in the presence of

SIR,

35

(17)

Attorney General to Colonial Secretary.

ATTORNEY GENERAL'S CHAMBERS,

25th October, 1886.

1. With reference to the letter of the Acting Registrar General dated the 17th April last on the subject of Child Adoption and Domestic Services which was referred to me for consideration, I have the honour to forward herewith for sub- mission to His Excellency the Officer Adininistering the Government a Draft Bill for the better protection of young girls.

2. His Excellency when administering the Government in 1882 had called for a report on this subject from Mr. RUSSELL who was then Registrar General and Protector of Chinese.

3. The further history of this question will be found in the Despatch of His Excellency the Governor dated the 15th August, 1883, transmitting Mr. RUSSELL'S report, and in another Despatch of His Excellency dated the 26th May, 1885, forwarding a Bill which had been prepared by Mr. STEWART then Registrar General, and which had been read a first time in the Legislative Council.

This Bill consisted practically of four Sections, and is annexed to the papers forwarded herewith, the first section of this Bill authorised the Registrar General to summon before him any person whom he reasonably suspected of having in his possession any adopted daughter or female servant between the age of six and sixteen, and it authorised the Registrar General on due enquiry to require from the custodian of the said child security that it should not be sold, pawned or disposed of for any immoral purpose.

For the better carrying out of this Section, Section 2 authorised the Registrar General to require the production before him of any female child under adoption or domestic service.

And also to summon before him any person who give information touching the treatment of any such child.

By Section 3 the Registrar General could apply to a Judge in Chambers for a writ of Habeas Corpus with a view of taking away any female child from the custody of any one who had no legal right thereto.

Section 4 provided an appeal to the Judge in Chambers from any decision of the Registrar General.

The Attorney General made the following objections to the said Bill:- "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 arbitrary 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.

"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 power which could not possibly be sufficiently 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.”

Aud the Governor in his despatch of the 26th May, 1885, seems to have admitted the force of some of them. The Secretary of State in his despatch dated the 12th September, 1885, acknowledged the receipt of the Bill and report of the Attorney General.