CO129-514-3 Mui Tsai system- correspondence 27-8-1929 - 21-11-1929 — Page 53

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10.

Section 8 of this Ordinance adds five new sections

to the principal Ordinance. The proposed new section 20

provides that in any prosecution under section 6 of the

principal Ordinance the magistrate may convict of common

assault if he fails to find as a fact that the girl in

question was a mui tsai. It is possible that he has this

power already under section 22 of the Magistrates Ordinance,

1890, Ordinance No. 3 of 1890, but it is considered

desirable in this case to place the matter beyond all doubt.

11. The proposed new section 21 deals with onus of proof,

and provides that in every prosecution under the principal

Ordinance it shall, until the contrary is proved, be

presumed that the girl in question was a mui tsai in the

employment of the accused at the time of the alleged offence,

and that this onus will not be discharged by mere proof

that the girl was described in any transaction by some term

other than mui tsai. This may appear drastic, but the

difficulties of proof are enormous. In order to prove

that a girl is a mui tsai it might be necessary to prove

some payment made years ago, outside the Colony, and in the

absence of the girl herself. On the other hand, the

accused should find it easy to prove the real status of

any girl in his household, and the burden is therefore less

heavy than it might appear. The provision that the onus

will not be discharged by mere proof that the girl was

described in some transaction by some term other than mui

tsai is inserted because of the practice of describing a

mui tsai as an adopted daughter. If the girl was in fact

used as a domestic servant, and if money had been paid to

secure her service as such, no doubt the magistrate would

hold that she was a mui tsai, even though a document was