CO129-231 - Acting Governor Marsh - 1887 [1-3] — Page 69

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In paragraph 2 of that despatch he states:

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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."

He then deals with Mr. O'MALLEY'S objections.

And concludes his despatch with the following paragraph:

The

"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.”

This despatch was communicated to Mr. O'MALLEY who submitted the following observations:

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Taking in order the points raised in several clauses of paragraph 5 of the Secretary of State's Despatch No. 51. As to clause 1, I confess I cannot devise any definition of what should constitute reasonable suspicion; but possibly the Registrar General, who is acquainted with the subject, may be able to do so.

"As to clause 2, I do not think that a Consulting Committee of Chinese would furnish any real guarantee of publicity, or any sufficient substitute for it.

"As to clause 3, I do not think my objection on this point has been understood. The child could be taken away; but the question is what is to be done with it; where is it to be kept, or put: who is to have the care of it; and who is to be responsible for its maintenance, &c.

"As to clause 4. This paragraph contains a suggestion by way of answer to the last question, which would seem to imply that the Chinese Society for the protection of women and children should be placed by law in loco parentis in respect of such children as are taken under Section 3.

"There is no clause numbered 5 in the despatch No. 51.

As to clause 6, I have nothing to add.

"As to clause 7, I beg respectfully entirely to dissent from the notion that either the association of a Chinese Committee with the Registrar General or a system of periodical reports by the Registrar General would secure the greatest possible publicity or indeed any effectual publicity at all in the working of such provisions as are contained in the draft."

These observations appear to have been transmitted to the Secretary of State, but as far as I can learn, no answer has been received thereto.

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In accordance with the instructions of the Secretary of State, the leading Chinese and the Chairman of the PO LEUNG KUK were consulted. The Registrar General in his letter of the 17th April before mentioned reports that they were all of opinion that the Bill with some slight alterations should be introduced at once.

Owing to the late period of the Session at which that letter was received, it was not possible to proceed then with this subject.

Mr. O'MALLEY's objections were:

1. That there was no definition of what should constitute reasonable grounds of suspicion.

2. That the measure conferred too much arbitrary power to be exercised by the Registrar General without publicity.

3. That the Bill did not say what should be done with the child.

4. That Section 3 involved too great an interference with the domestic affairs of the Chinese population.

5. That Section 4 was objectionable as giving the Judges duties and powers which are in no proper sense of the word judicial.

The Secretary of State has dealt with these objections in his despatch, and I have endeavoured as far as possible to meet the views of all concerned.

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With respect to the first, after consultation with Mr. LOCKHART, I had drafted Section 1 as follows:

1. Whenever the Registrar General shall have good cause to believe that any female child between the age of six and sixteen years inclusive who

(a.) has been purchased by or is in the custody or under the control of any registered brothel keeper, or

(b.) is in the service or custody or has been purchased by any woman whose character, calling, or occupation the said Registrar General shall have good cause to believe is immoral, or

(c.) is in the custody or service or has been purchased by anyone who has been convicted of keeping an unregistered brothel, or

(d.) is found in any brothel,

is being trained as, or is intended to be a prostitute,

and whenever any parent shall complain that the other parent who has the custody of their female child between the ages aforesaid wishes to dispose of it for the purposes of prostitution,

and whenever any female child between the ages aforesaid being a servant, shall complain of being maltreated by her master or mistress, it shall be lawful for the said Registrar General by notice in writing to call upon the purchaser, custodian, employer, or parent above mentioned to appear before him on a day to be fixed by the said notice, and to produce before him the said child,

but on further consideration, I have in the proposed Bill given the Registrar General power to summon the custodian of the child before him on complaint made that any female child is being trained as a prostitute. It will be altogether in the discretion of the Registrar General to receive or to act on the complaint, and there is no ground to believe that he would take any steps unless reasonably satisfied that his intervention was necessary in the interest of the child.

With respect to the second objection, I propose that the Registrar General have all power to associate with himself two members of the PO LEUNG KUK or two Chinese Justices of the Peace, and that the Governor should have power to make regulations respecting admission of the public to these inquiries.

The third objection is that the Ordinance did not state what was to be done with the child.

Section 2 of the proposed Ordinance enacts that the Registrar General shall have power to make an order for the proper custody of the child, or he may leave it with the custodian on security being given for the fulfilment of certain conditions. I am informed that no difficulty will arise on this point, as in almost all the cases, the child will be left with the custodian on due security being given for the proper care and maintenance of the child.

It is true that this Ordinance does permit a great interference with certain domestic affairs of the Chinese, but the evils attendant on this custom or facility of purchasing female children are great; it is admitted that they should not be tolerated, and in order to put them down, stringent measures are required.

The Secretary of State has taken into consideration Mr. O'MALLEY's fourth and fifth objections.

The Bill which I now submit meets these objections as far as it is possible or advisable so to do, and it carries out the wishes and directions of the Secretary of State as conveyed by the above-mentioned despatch.

It is very doubtful whether any of the Bonds which have been given to the Registrar General for the custody of the children are valid. I have endeavoured by Section 9, as far as it is possible, to cure any defect in them.

The Honourable F. STEWART, LL.D.,

Acting Colonial Secretary.

I have the honour to be,

Sir,

Your most obedient Servant,

EDW. J. ACKROYD,

Acting Attorney General,