251
believe that any woman or girl had been brought into the Colony by purchase, or by fraud, misrepresentation, or false pretence, either for immoral purposes or for purposes of emigration, or had been purchased in the Colony, or was being trained for the same purposes, or was in ignorance of her true position, to inquire into the case and require security for the production of the girl at any time. In default of security he might require the girl's detention and removal to a place of safety until she could be returned to her home, or proper provision be made for the protection of her interests and liberty. If, on enquiry, he was satisfied that it was a proper case for his interference, he might remove any girl under 16 from her then custody and place her in a home until the age of 19, or until her marriage, or adoption.
I call special attention here to the word "marriage."
17. Section 17 of the same Ordinance makes it lawful for the Governor to provide, out of moneys to be granted for the purpose by the Legislative Council, a suitable building or buildings for a home; and the subsequent section provides for the regulation of such home and for the safety of the women and girls thereto.
18. This Ordinance imposes on the Registrar General, and on the Registrar General alone, the duty and responsibility of enquiring into all these cases, the power of detention pending inquiry, and the ultimate disposal of the women and girls whose cases are decided to come within the provisions of the Ordinance.
19. The Registrar General's Report for 1891 on the working of his Department and of the "Women and Girls Protection Ordinance" in particular shews how this Ordinance has been understood and is worked. He reports on the working of Part II. of the Ordinance, summarized above mentioned, may be as follows:----
"The Provisions of Part II...... have been found to work well in practice. Under this portion of the Ordinance no fewer than 330 women and girls were detained; of this number 5 died and 36 are still under the care of the Pó Leung Kuk.
Restored to guardians65 Restored direct to parents or relatives72 Restored to husbands32 Sent back to native place1-t Sent home thro' institutions in China29 Sent back to Penang1 Sent to Victoria Home3 Sent to Haiphong through French Consul3 Adopted9 Married52 1 289 Employment found for Those who are represented as having left"All the girls rescued under the Ordinance were taken care of by the Pó Leung Kuk pending inquiries regarding them or their relatives. Indeed it is to a great extent owing to the exertions of the gentlemen who constitute the Committee that so many women have been rescued and comfortably settled in life. They have worked most zealously in co-operation with this department and have been unceasing in their endeavours to suppress the evil practices with which the Ordinance under review deals. Every precaution is taken by them and by myself to secure the welfare of all women and girls who come under our care.
"In case of marriages, of which there were 52, and adoptions, of which there were 9 during the year, no marriage or adoption is allowed to take place until the person who wishes to marry or adopt a girl has found proper security approved by the Committee and by myself......No girl is allowed to marry except as a first wife, and then only after I have ascertained by personal interrogation that she is willing to marry and that the man is in a position to maintain a wife......
20. Here the Committee of the Pó Leung Kuk are shewn zealously co-operating with and assisting by their special knowledge and by their counsel and advice the Registrar General, the responsible Government Officer, to provide for these women and girls, with the final decision and responsibility devolving on the Registrar General according to Ordinance 11 of 1890. No matter what the recommendations of the Pó Leung Kuk, the Registrar General himself interrogates the intended husband and assures himself that the girl is willing, and is to be taken as a first wife, and by a competent person.
21. The new organisation of the Pó Leung Kuk changes all this. The Registrar General is a member of the governing body of the Pó Leung Kuk, is one, although the Chairman, of a Committee and is to be governed by the votes of the majority of the Committee, on all those matters on which until now he had the decisive voire even in the face of a unanimous Committee.
22. Hitherto the work of disposing of the women and girls rescued by the Registrar General and the Pó Leung Kuk has vested in the Registrar General, with all the information, assistance, and advice the zealous co-operation of the Pó Leung Kuk could give him, but with the legal responsibility and final decision in his hands alone.
23. If the Pó Leung Kuk Ordinance passes, the Registrar General becomes a Member and Chairman of the governing body of the Pó Leung Kuk, and the decision, even as to the marriage of a girl, will be in effect, whatever it may be in form, the decision of the Pó Leung Kuk Committee, or of the majority of them, of whom the Registrar General may not be one.
24. One of the points insisted upon in the past by the Registrar General has been that every woman and girl married from the Pó Leung Kuk must be married as a first wife. It is the only sort of marriage English law will recognize. It is what is meant by "marriage" in Ordinance 11 of 1890, when speaking of the disposal of rescued women and girls. It has been a bone of contention between the Registrar General and the Pó Leung Kuk Committee, (see p. 31 of the Blue Book) whether these women and girls might not be disposed of as second or third wives. Hitherto the Registrar General being independent, has carried the day. The special object of the Pó Leung Kuk Committee in desiring to have the Registrar General as a Member of the Committee of the Society is that he be on such questions over-ruled by Chinese opinion as expressed by the majority. See the evidence of WAI YUK and the remarks of the Honourable Ho KAI at pages 17 and 18 of the Blue Book. See the evidence of Ho Fook at page 23.
may
“I mention it (the Registrar General's veto) because it would not be right that the “other Members of the Board should be the mere tools of the Registrar General, They ought to have a voice in the matter and everything should go by the majority.”
The same witness at page 26 says-
“The Registrar General must be bound by the decision of the majority.”
A little further on the Honourable C. P. CATER Asks-
What is the state of affairs at the present moment?
251
believe that any woman or girl had been brought into the Colouy by purchase, or by fraud, misrepresentation, or false pretence, either for immoral purposes or for purposes of emigration, or had been purchased in the Colony, or was being trained for the same purposes, or was in ignorance of her true position, to inquire into the case and require security for the production of the girl at any time. In default of security he might require the girl's detention and removal to a place of safety until she could be returned to her home, or proper provision be made for the protection of her interests and liberty. If, on enquiry, he was satisfied that it was a proper case for his interference, he might remove any girl under 16 from her then custody and place her in a home until the age of 19, or until her marriage, or adoption.
I call special attention here to the word "marriage."
17. Section 17 of the same Ordinance makes it lawful for the Governor to provide, out of moneys to be granted for the purpose by the Legislative Council, a suitable building or buildings for a home; and the subsequent section provides for the regulation of such home and for the safety of the women and girls thereto.
18. This Ordinance imposes on the Registrar General, and on the Registrar General alone, the duty and responsibility of enquiring into all these cases, the power of detention pending inquiry, and the ultimate disposal of the women and girls whose cases are decided to come within the provisions of the Ordinance.
19. The Registrar General's Report for 1891 on the working of his Department and of the "Women and Girls Protection Ordinance" in particular shews how this Ordinance has been understood and is worked. He reports on the working of of Part H. of the Ordinance, summarized above mentioned, may be as follows :----
"The Provisions of Part II...... have been found to work well in "practice. Under this portion of the Ordinance no fewer than 330 women and girls were detained; of this number 5 died and 36 are still "under the care of the Pó Leung Kuk.
*
· Restored to guardians
"The remaining 289 were dealt with as follows :--- Left.........
65
"Restored direct to parents or relatives
72
"
Restored to husbands
32
K
"Sont back to native place
1-t
Sent home thro' institutions in China
29
"Sent back to Penang
1
Sent to Victoria Home
3
Sent to Haiphong through French Consul
3
Adopted
9
Married
52
1
289
"
Employment found for
"Those who are represented as having left
"All the girls rescued under the Ordinance were taken care of by the Pó
C
Léung Kuk pending inquiries regarding them or their relatives. Indeed
"it is to a great extent owing to the exertions of the gentlemen who "constitute the Committee that so many women have been rescued and "comfortably settled in life. They have worked most zealously in co- operation with this department aud have been unceasing in their "endeavours to suppress the evil practices with which the Ordinance under review deals. Every precaution is taken by them and by myself' "to secure the welfare of all women and girls who come under our care.
"In case of marriages, of which there were 52, and adoptions, of which "there were 9 during the year, no marriage or adoption is allowed to take place until the person who wishes to marry or adopt a girl has found 'proper security approved by the Committee and by myself......No girl is allowed to marry except as a first wife, and then only after I have ascertained by personal interrogation that she is willing to marry and "that the man is in a position to maintain a wife......
21
20. Here the Committee of the Pó Leung Kuk are shewn zealously co-operating with and assisting by their special knowledge and by their counsel and advice the Registrar General, the responsible Government Officer, to provide for these women and girls, with the final decision and responsibility devolving on the Registrar General according to Ordinance 11 of 1890. No matter what the recommendations of the Pó Léung Kuk, the Registrar General himself interrogates the intended husband and assures himself that the girl is willing, and is to be taken as a first wife, and by a competent person.
21. The new organisation of the Pó Léung Kuk changes all this. The Registrar General is a member of the governing body of the Pó Léung Kuk, is one, although the Chairman, of a Committee and is to be governed by the votes of the majority of the Committee, on all those matters on which until now he had the decisive voire even in the face of a unanimous Committee.
22. Hitherto the work of disposing of the women and girls rescued by the Registrar General and the Pó Leung Kuk has vested in the Registrar General, with all the information, assistance, and advice the zealons co-operation of the Pó Leung Kuk could give him, but with the legal responsibility and final decision
in his bands alone.
23. If the Pó Leung Kuk Ordinance passes, the Registrar General becomes a Member and Chairman of the governing body of the Pó Léung Kuk, and the decision, even as to the marriage of a girl, will be in effect, whatever it may be in form, the decision of the Pó Leung Kuk Committee, or of the majority of them, of whom the Registrar General may not be one.
24. One of the points insisted upon in the past by the Registrar General has been that every woman and girl married from the Pó Léung Kuk must be married as a first wife. It is the only sort of marriage English law will recognize. It is what is meant by "marriage" in Ordinance 11 of 1890, when speaking of the disposal of rescued women and girls. It has been a bone of contention between the Registrar General and the Pó Léung Kuk Committee, (see p. 31 of the Blue Book) whether these women and girls might not be disposed of as second or third wives. Hitherto the Registrar General being independent, has carried the day. The special object of the Pó Leung Kuk Committee in desiring to have the Registrar General as a Member of the Committee of the Society is that he be on such questions over-ruled by Chinese opinion as expressed by the majority. See the evidence of WAI YUK and the remarks of the Honourable Ho KAI at pages 17 and 18 of the Blue Book. See the evidence of Ho Fook at page 23.
may
“I mention it (the Registrar General's veto) because it would not be right that the “other Members of the Board should be the mere tools of the Registrar General, They
*ought to have a voice in the matter and everything should go by the mutjority.”
The same witness at page 26 -ays-
“The Registrar General must be bound by the decision of the majority.”
A little further on the Honourable C. P. CATER Asks-
What is the state of ajjairs at the present moment?
No comments yet.
Private notes are available after approval.