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H.E. THE GOVERNOR-And it may convey a suggestion that laws not specifically mentioned do not apply.
The amendment was carried.
THE ATTORNEY-GENERAL suggested that the earlier Ordinance should be men- tioned first.
This was agreed to.
It was agreed to transfer the whole of clause 7 into Part III of the Bill.
Hox. MR. POLLOCK-There might seem to be some conflict between clause 12 and clause 2 if we do not substitute the words "any age".
II.E. THE GOVERNOR-Leave out "any age" and say "any mui-tsai" may with the sanction of the Secretary for Chinese Affairs.
HON. MR. POLLOCK-My reason is this that it would not do for a mui-tsai as it were to walk out of doors without any protection at all. There must be some sanction- ing authority and the proper one would be the Secretary for Chinese Affairs.
ILE, THE GOVERNOR―The point is not without difficulty. We have declared that the payment of a sum of money confers no right of property. Now if one of these mui-tsui, being of ripe age, says "I intend to leave my employer and the views of the Secretary for Chinese Affairs do not interest me", what is to be done?
HON. MR. HOLYOAK-Has any estimate been formed of the increase of Secretarial staff made necessary by the Bill?
HIE. THE GOVERNOR-You may take it there has been no estimate made by any one in authority.
HION. MR. HOLYOAK-I think we shall have to very materially increase the staff. ILE. THE GOVERNOR-Well, I have my opinion,
HON. MR. POLLOCK-I rather differ from my hon. friend. I think, as a matter of fact, the vast majority of mui-tsai will be content to remain where they are. I ap- preciate the difficulties pointed out; the only trouble is that there must be some authority.
H.E. THE GOVERNOR—To do what?
Hox. MR. POLLOCK—To control in some way,
H.E. THE GOVERNOR-When does a Chinese girl arrive at years of discretion? -(Laughter).
Hox. MR. CHOW SHOU-SON~That is putting a big question. Eighteen years is not the age of discretion; that is the worst age.—(Laughter).
H.E. THE GOVERNOR-Do you think the clause would be improved if we sub- stituted, say, 21? (To Hon. Mr. Hallifax): Has the matter come before you?
THE SECRETARY FOR CHINESE AFFAIRS No, Sir.
Hox. MR. POLLOCK-I am quite prepared to leave the words out. It occurs to me that it is a very short general statement of the rights of mui-tsai. Any mui-tsai may leave her employment at any time whatever without payment.
The Committee then discussed transferring various clauses to other parts of the Bill from those in which they appeared. It was agreed that these changes would neces- sitate reprinting the Bill and at this stage it was decided to adjourn and to resume the Committee stage at the next meeting.
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The Council then resumed in order to adjourn its proceedings until 2.30 p.m. on Thursday, February 15th.
Enclosure 4 in No. 13.
EXTRACT FROM THE HONG KONG HANSARD. LEGISLATIVE COUNCIL: SITTING OF
15TH FEBRUARY, 1923.
THE MI-TSAI BILL.
The Council went into Committee to resume discussion of the Bill intituled, An Ordinance to regulate certain forms of female domestic service.
On the motion of the ATTORNEY-GENERAL verbal amendments were made in several clauses.
H.E. THE GOVERNOR-Does any hon. member desire to raise any further ques- tion in the Committee stage of the Bill?
No hon. member intimating any desire to do so, H.E, THE GOVERNOR proposed that the Bill be reported to the Council and the Council then resumed.
THE ATTORNEY-GENERAL moved and the COLONIAL SECRETARY seconded the third reading of the Bill.
HE. THE GOVERNOR-Does any hon. member desire to address the Council?
HION. MR. P. H. HOLYOAK-Your Excellency, I crave your permission to dilate somewhat more at length on the remarks which I made in the Committee stage of the Bill at the last meeting of the Council, namely, on the gross misrepresentations of fact which have been made almost throughout the public press at Home, in what I can un- hesitatingly describe as a malicious campaign of propaganda,-whether for political purposes or otherwise I know not; but I do know that statements have been made quite publicly at home in connection with this subject which ought not to remain unchallen- ged by this honourable Council in defence of the fair name of the Colony and the good government which it represents. If the statements of wholesale slavery and of the sell- ing of slaves were as true as they have been depicted, then, Sir, think there little doubt that it would stand for a judgment not only upon each successive Governor of the Colony who has allowed it to remain but upon the British people of the Colony who have lived under it for the last 70 years. I am not concerned, however, in discussing in detail the subject of mui-tsai. I have voted already for the first reading of the Bill and I am prepared to vote for its final stages, principally because it adds to the annals of the Colony and the laws of the Colony, an Ordinance which is in keeping with other Ordinances of the British Realm. For my own part I do feel sincerely that in a large degree it was perhaps unnecessary because, in practice and in spirit, officially and otherwise, the practice has never received official sanction from beginning to end in the history of The Colony and therefore it seems unnecessary to legislate on the subject. Nor would it have been necessary but for the gross misrepresentation in an agitation representing a somewhat horrible state of affairs which, in fact, does not exist in practice and in the experience of those of us who have lived very many years in this Colony and who know somewhat of the inside of Chinese affairs. I do not think the situation of the mui-tsai in a Chinese household differs so very largely in actual practice from that of a similar practice obtaining at home of adopting an orphan from one of the many orphanages and using her as a domestic assistant and providing her with home, food and clothing Nor do I think that the ill-treatment which has been so largely described to us is any more widely-spread than that revealed in the ordinary practice of a Magistrate's Court in any large town in England. It is because I have so recently come from home and be- cause both from press and platform and even from pulpit one has heard such atrocious mis-statements of fact that I feel they cannot be passed without challenge by this Coun- eil. affecting as they do the reputation of the Council and the reputation of the Colony.
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