CO129-449 - Governor Sir May & Acting Governor Claud Severn - 1918 [7-9] — Page 255

!

:

She is not legally a slave, the law of the

Colony giving no recognition to the status of slavery, but, as the Governor points out, "misapprehension can easily arise" from the above-mentioned custom under which a status does in fact exist which exhibits some

of the essentials of slavery.

The mitigating circumstances mentioned by the

Governor are:

(1) The natural guardians may see the "mui tsai"

from time to time.

(2) They may redeem her at any time and arrange her marriage on redeeming her first.

(3) The kind-hearted neighbours protest in

cases of 111-treatment (!)

(4) It is sometimes the only alternative to starvation for the girl and is, generally, for her

benefit.

girls.

(5) It is better than the drowning of surplus

I am afraid that these mitigating circumstance will not weigh very heavily with Mr. Appleton and his correspondent of the 29th of August, 1917, who will maintain that notwithstanding these circumstances there exists in Hong Kong a status which is in fact not to be distinguished in some important respects from

slavery.

That is the position in law?

Hitherto the position has been that slavery

has no place in the law of Hong Kong (there is no doubt whatever about this) and that the "mui tsai" custom is not slavery 'but a Chinese custom which since it does not involve torture or slavery we are bound to recognise under Captain Elliott's proclamation;

and

it moreover is impliedly recognised in section 32 of Ordinance 4 of 1897 and by decisions of the Hong Kong Courts in kidnapping cases which have found the "lawful care of the child in the employer for the purposes

purposes of section 45 of Ordinance 2 of 1865.

262

If, however, it is the fact as stated in the Hong Kong Weekly Press of the 2nd of February last, page 83 (to which the Governor makes no reference) that the custom is now illegal in China I do not see how it is to be defended on any legal basis in Hong Kong.

In the case of "applied legislation" if the Legislature of a Colony applies to the Colony an Act of Parliament extending proprio vigore only to England, and that Act is subsequently repealed in England, its pro- visions continue to apply to the Colony as Colonial legislation, unless and until the Colonial Legislature repeals them.

But who would venture to argue, on similar lines, that such a custom as "mui tsai", having been introduced into Hong Kong as a lawful Chinese custom to be practised by the Chinese in the Colony continues to be legal there notwithstanding that it has become illegal in China.

I do not think there is any legal objection to the parents or natural guardians of a girl receiving a money premium on first "putting her out to service", but in order to put the status of the "mui tsal" above legal suspicion I think there should be.

(a)

Remuneration for her services.

It may be in the local conditions that board and lodging is sufficient, but if not there should also be wages.

(b)

Perfect freedom to change her employment on

giving notice.

The primary effect of this would be that

the first employer would not give the natural guardians a very large premium and it might be more difficult to obtain a "mui tsai".

(c)

The consequent abolition of "redemption".

This would redress the effects of (b) since

the