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mistress to take a girl's wages?—If the mistress is poor, in a bad condition, then she cannot help getting the money from her mui tsai for working.
Defendant's Financial Position.
His Worship (to Mr. Butters): Of course, we have had no evidence as to the financial posi- tion of the defendant. She seems to be poor.
Mr. Butters: Well, she's got a son working.
His Worship: You don't think she's poor?
Mr. Butters: No.
Mr. Butters: May I ask whe- ther Mr. Tong thinks that, accord- ing to the standards of Chinese customs, this mui tsai was over- worked?
Witness: Supposing a mistress is poor, the mui tsai has got to work but she should not be allow- ed to do night work.
Mr. Butters: Do you think 101⁄2 hours every night for a period of 22 months, is excessive?-Yes, it is.
His Worship: According to Chinese ideas; you might just add that. Well, that's implied, of
course.
When asked if she wished to cross-examine the witness the de- fendant intimated that she had no questions to ask.
His Worship (to Mr. Tong): Now, Mr. Tong, according to
mui tegi
Chintae cüatumš, is a usually treated the same as a daughter?-There is some dif-
ference.
You say she is not usually treated as a daughter?-A daugh- ter need not do household work but a mui tsai has to.
In this case, Mr. Tong, there is evidence that the defendant's own daughter was also sent out to work by night at the factory. Does that affect your opinion at all?- As I said, it all depends if the mis- tress is poor.
Then the mistress's
own child will have to go out to work, but as I say, they should not be asked to do night work and for such long hours.
Daughter and Mui Tsai. Which do you think is more justifiable? Sending out a mui tsai to work all night or sending out a daughter to work all night? -According to Chinese ideas? My opinion is that they would natural- ly send their mui tsai to do night work rather than to send their own child.
And that in spite of the fact that a mui tsai is a person who is almost invariably expected to do only household work?—Yes.
Dr. H. A. Fawcett was next called. Mr. Butters drew witness' attention to various sections of the Industrial Employment of Children Ordinance and, in reply, witness said that if these gulations were not adhered to, such breaches as were mentioned by Mr. Butters would be injurious to the child's health.
re-
Speaking of the mui tsai in the carried earth of her own accord. present case, witness stated that: It was not true, she said, that she she had been over-worked and such gave the complainant insufficient toil as she had been required to food to eat or that she had ill- do at the hours mentioned by the treated her. She had asked her prosecution was injurious to her each day if she found the work health.
hard and if she did she had better give it up. Witness denied that she had struck the girl.
His Worship asked witness about the injurious effect of night work as compared with day work. Witness pointed out that it was less easy to sleep during the day because of the noise and remarked that night was the natural time to sleep. Night work also necessitated the use of artificial light. The physiological condition of the body, continued witness, was at a low ebb during the night, whereas during the day the vitality was at its height.
Children's Sleep.
A child of 15 or 16, said witness, should have ten or eleven hours' sleep in order to attain the ideal condition of health, especially for girls. This was the most im- portant age of women. Witness then went on to explain how im- proper care of a woman's physique would have injurious effects in later years of her life.
in
Witness said that he had visited knitting factories but unfortunate- ly had not visited the one question. The fact that the girl stood during her work was un- healthy for a girl of her
age. Witness pointed out how it might have serious results later on in life. Long hours of sianding was injurious to women of all ages but to young girls especially.
Continuing, witness pointed out that dust from the machines had also an injurious effect on
the workers' health. There was also what witness described
as "in- dustrial fatigue" which meant doing the same, automatic, work continuously. This has an in- jurious effect upon the system. Witness pointed out that at Home the work in factories was always varied, the
employees having their work constantly changed even if it was only using their left hands instead of their right hands when sorting out
chocolates.
nervous
An Extraordinary Feat. Comparing local conditions with those obtaining at Home, witness said that if an English girl or even a man were required to stand on their feet as long as is done locally, they would faint. As a feat of endurance, said witness, it was extraordinary.
This closed the case for the prosecution, and his Worship asked the interpreter to tell the defendant that it might be advis- able for her to give evidence on oath, although his Worship point- ed out she had the option of making a statement from the dock if she so desired.
The defendant elected to give evidence from the witness-box and said that the complainant had gone to the factory to work of her own accord. She had also gone to the feather sorting factory and
His Worship pointed out to the defendant that the prosecution were not asking her to consider ill-treatment. The Crown relied on the factory work.
The defendant replied that she could not help it as she was very poor and had no husband to sup- port her.
"I ask your Worship to pardon me," added the defendant.
His Worship: We taking evidence.
are
still
Judgment Reserved.
to Answering Mr. Butters as whether she had any suspicions that the complainant's work was hard, the defendant said that the girl was looked upon as her own own child, she daughter. Her
said, was willing to work at the factory.
When asked if she thought she had been justified in allowing her daughter to go to the factory, the defendant replied that she had no money.
In reply to further questions witness admitted that she had a son working and
that he fam vided with free quarters which she also occupied.
She said that the complainant Chinese 16 according to
was
reckoning.
His Worship asked the Court in- terpreter if he could say definitely what that was equivalent to in European reckoning and was in- formed that it was either 14 or 15. Mr. Butters said that the girl's mother was in the Colony and could be called if necessary.
His Worship said that it would not help very much, if the girl was found to be 14 and 364 days old.
Mr. Butters said that he was not
pressing that point.
His Worship reserved judgment. ¡
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