CO129-479 - Governor Sir Stubbs - 1923 [1-3] — Page 296

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PART III.

7-(1.) It shall be lawful for the Governor in Council Regulations,

to make regulations for the following purposes :—

(a) the registration of mai tsai and the keeping of

such registers up to date:

(b) the remuneration of mai trai ;

(r) the inspection and control of its moul

former mui tsai:

(d) generally, for the purpose of carrying out the

policy of this Ordinauce.

(2.) All regulations made under this Ordinance shall be laid on the table of the Legislative Council at the first meeting thereof held after the publication in the Gazette of the making of such regulations, and if a resolution be passed at the first meeting of the Legislative Council held after such regulations have beau laid on the table of the said Connell resolving that any such regulation shall be rescimule!, or amended in any manner whatsoever, the suid regulation shall, without prejudice to anything done there- under, be deemed to be rescinded, or amended as the onse may be, as from the date of publication in the Gazette of the passing of such resolution.

8.-1.) Every person who at the date of the coming Registention. into operation of this Part shail have a mui tsni in his employment in the Colony shall register such muj tui iu the prescribed manner within six months after the data of the coming into operation of this Part,

(2.) Every person who shall at any time have in his Pipples meat in the Colony x mui tsai who shall have been brought into the Colony after the date of the coming into operation of this Part shall register such units in the prescribed comuner within one week after the arrival of such mui 1sai in the Colony,

(8.) It shall be lawfn! for the Secretary for Chinese Affairs in his absolute discretion to refuse to register any pattionlar mai tsai and to remove any partienlar mui 18ai from the register.

9. Subject to the period allowed for registration, and No person subject to the provisions of sectiou 11, no person shall have to have an in his employment au registered mui tai.

10. Subject to the period allowed for registration, sud subject to the provisions of section 11, no person shall love in his employment any finale domestic servant under the age of 10 years nuless aneh servant is a registerel mai raai.

registered muž usni in his

employment.

No pondʊn to have in lis

nuy female

payment mastic

servant

under 10,

except a registered

will teni.

transferred

here ter

11. (1) No mui tesi shall hereafter he transferrel No mui tai from employer to another: Provided that upon the br death of the employer of any mui tsaï it shall be Fawful for the Secretary for Chinese Affairs to make any order which from be may think At regarding the transfer of such uni tsai tu employer to a new employer,

(2.) Every person who after the late of the coming into operation of this Part shall become the actual employer of

a tuui taxi by rensou of the death of the former employer

of such mni 188i, or for any other reason, shall report

suels lent in the prescribed manner within one week after

he shall have become the actual employer of such mui teni.

another

ravest on

denth of the Former employer.

12. Every mi teai of or over the age of 18 yours Mui l-ai oren

may leave her employment at any time, without any 18.

notice and without any payment whatsoever.

Mai Isni

Inder 18.

Mui temi over

18.

13. Every muj iski mnder the age of 18 years who wishes to be restored to the custody of her parent or natural guardian, and every mui tai under the age of 18 years whose parent or natural guardian wishes such mui teai to be restored to his custody, shall, without any pay- ment whatsoever be restored to such custody uulees the Secretary for Chinese Affairs shall see some grave objec- tion in the interest of such mui tsai to such restoration.

14. Every uni tsai of or over the age of 12 years and under

12 and under the age of 18 years shall, as hitherto, have the right to apply to the Secretary for Chinese Affairs, and upon any such application it shall be lawful for the Sacratory for Chinese Affairs to make any order which he may think fit regarding the custody, control, employment and condi- tions of employment of the applicant,

Remunera.

Lion of mui tesi.

15. Evary mui taai of or over the age of 10 years shall be entitled to such wages for her services as bail be prescribed.

Coming Into

16. This Part shall not come into operation until such operation of date as may be fixed by proclamation of the Governor in

Council.

Part III.

Penaltics,

PART IV.

17. Every person who contravenes or fails to comply with any of the provisions of this Ordinance or of any regulation nude thereunder shall be liable upon summary conviction to a fine not exceeding two hundred and fifty dollars.

18. No prosecution ander this Ordinance shall be com- ienced without the consent of the Necretary for Chinese Affairs.

19. Nothing in this Ordinance shall affect any of the rights and powers conferred on the Secretary for Chinese Affairs by the Protection of Women and Girls Ordinauce, No. 4 of 1897, 1897.

l'odecat.

Saving.

Opdinance

Objects and Reasons.

1. This bili is introduced on the instructione of the Secretary of State, and is an attempt to deal with the mui tani problem.

2. Clause 2 is declaratory. Payment to a parent or guardian by an employer wh, thereby obtains the custody of the child has ever in this Colony conferrel any rights up a sub employer as against the parent or guardian, and has never conferrol on such employer any Fight of retaining possession as against the chill herself, but appa rently some persons have ignorantly imagined that such rights conlil be transferred.

8. Broadly speaking, a mui tsai is defined as a female domestic servant whose employer obtained her services by means of a payment to any one. Paragraph (ii) of the definition is intended to cover two CHRON. One is the case where a girl has been transferred by one employer to another, and the second is the case where an employer bas died and the care of the housebold has devolved on, e.g., his son or widow.

4. Clause 4 provides that no perenu shall hereafter take into his employment any mui tsai. This of course will not prevent any que from employing nader an ordinary contract for service a girl who was formerly employed as a mui tani.

5. Clause 5 provides that no person shall hereafter take into bis employment any female domestic servant under the age of 10 years. This is intended to prevent evasion, as in the case of a child under 10 it might be difficult to prove that she was a mui tani.

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