113
54
—
55
—
114
can be raised, such people will not be able to do anything but fold up their arms and wait for death. The so-called prohibition in previous years of girls from binding up their breasts and the suppression this year of Chinese medical practitioners and astrologers were all attempted without the regard to circumstances and the fact that it would lead to unem- ployment, and I am afraid that such measures will only turn out unsuccessful. If the mui-tsai question is to be solved for the sake of humanity, it will suffice if the rich fami- lies are prohibited from maltreating them. Poor girls, who have been sold to be mui-tsai, generally refuse to go back to their parents even when forced to do so by their masters. They prefer to remain mui-tsai for they are free from cold and hunger and can have better food, lodging and clothing. Each year very few cases have occurred in which mui-tsai want to go back to their families.
(6) Question-Have any cases occurred in the Province of maltreatment of mui-tsai and have any persons been sentenced under these regulations?
Answer-You can find an answer in the foregoing.
Enclosure 4 in No. 20.
PROCLAMATION.
The following proclamation is issued by the Governor under instructions from His Majesty's Government.
Slavery is not allowed to exist in the British Empire and therefore it must be un- derstood that mui-tsai are not the property of their employers.
Any mui-tsai who wish to leave their employers and return to their parents are en- titled to do so at any time without the payment of any money, but they should go to the Secretary for Chinese Affairs or the nearest Police Station in order that this may be arranged.
Muitsai are warned that they must not leave their present homes without going to the Secretary for Chinese Affairs or nearest Police Station in order that they may not fall into the hands of ill-disposed persons.
Masters and mistresses are specially warned against any attempt to prevent mui- tsui from seeing the Secretary for Chinese Affairs or applying at a Police Station.
Sir.
No. 21.
DESPATCH FROM SECRETARY OF STATE TO GOVERNOR.
22nd August, 1929.
I have had under my consideration the correspondence relating to the mui-tsai question in Hong Kong ending with your despatch No. 251 of the 16th of May.
2. The question is by no means a new one. It attracted the attention of my pre- decessors, Mr. Churchill and the Duke of Devonshire, and also of the House of Conimons as far back as 1922. In reply to a question in the House of Commons Mr. Churchill stated in a reply which was communicated to your predecessor in a telegram of 21st of March, 1922: "I desire to make it clear that both the Governor and I are determined to affect the abolition of the system at the earliest practicable date, and I have indicated to the Governor that I expect the change to be carried out within a year".
3. In pursuance of this policy an Ordinance was passed on the 15th of February, 1923 entitled "The Female Domestic Service Ordinance, 1923". The first part of this Ordinance negatived the idea that rights of property in a female child could be conferred on a third person by payment to the parent or guardian of such child. The second part amongst other things provided that no person should hereafter take into his employment any mui-tsai, and forbade the transference of an existing mui-tsai from one employer to another.
If effect were given to these provisions, it is clear that the mui-tsai being only recruited from those brought into the Colony from outside should steadily decrease in numbers.
4. Part III of the Ordinance provided for the registration inspection and control of mui-tsai, and forbade under penalty any person having in his employment an unregister- ed mui-tsai. Further, it was laid down that no person should have in his employment any female domestic servant under the age of ten years unless such servant was a regis- tered mui-tsai, and that every mui-tsai over the age of ten years should be entitled to such wages for her services as shall be prescribed.
5. In view, however, of the representations of the Governor as to the opposition of the Chinese population to the Enactment generally, and particularly to Part III, the Duke of Devonshire in his despatch of the 2nd of May, 1923 wrote: "I concur in your suggestion that the question of registration and of payment of wages may be left in abey- ance for the present, and that Part III of the Ordinance should not be brought into opera- tion unless and until it is shown to be necessary".
6. It now appears however that after six years from the passing of the Ordinance the most that can be said (vide paragraph 6 of your despatch of 23rd of February) is that there is no reason to believe that the number of Muitsai in the Colony has increased.
7. After making all allowance for the difficulties in bringing the system to an end which are described at length in your despatches, it is my duty to inform you that publie opinion in this country and in the House of Commons will not accept such a result with equanimity, and that I feel myself quite unable to defend a policy of laissez faire in this
serious matter.
S. I must, therefore, direct that the third part of the Domestic Service Ordinance should be brought into force forthwith, and special care must be taken to inform the popu- lation generally that it is in force, and that it will not be allowed to be a dead letter. You should also at once proceed to make Regulations under Section 12 of the Ordinance for the keeping of the Registers, for the remuneration of mui-tsai, and for their inspection and control. It will be doubtless necessary for you to appoint additional officers in the Department of the Secretary of Chinese Affairs to carry out the work of registration and inspection.
9. Further, I consider that Part II of the Ordinance should be amended so as to forbid the bringing into the Colony of any mui-tsai. There can be the less objection to such a provision inasmuch as I learn from your despatch that the status of mui-tsai has been abolished by law in China.
10. I fully realise that time will be required to make the Law effective, but I am not prepared to acquiesce in a merely nominal enforcement of the Law. Any offence against the Ordinance which comes to light should be made the subject of prosecution without regard to the position of the offender and a full Report should be furnished every six months on the working of the Ordinance and of the proceedings taken under it
11. Whilst feeling bound by the traditional policy of this country in regard to any institution that savours of slavery to take steps for the abolition of the mui-tsaï system nothwithstanding any opposition in the Colony, I need hardly remind you of the desirabi- lity of enlisting as far as possible Chinese opinion in favour of the change. This will be the less difficult since it is clear from your despatch that the best opinion in China itself is opposed to the institution as is evidenced by the Law which has been passed abolishing it.
No comments yet.
Private notes are available after approval.