44
THE HONG KONG DAILY PRESS TUESDAY, OCTOBER 15, 1929.1
Unice :
Bride
Fleet Street, E.C. 4.
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that rather vague phrase, the then Colonial Secretary added that he expected the change to be carried out within a year. This was seven
and a half years ago, and still we find the Anti-Mui-tsai Society of carrying on its activities in Hong Kong-working for the complete
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Lane,
The Daily Press.
By
HONG KONG, OCTOBER 15, 1929.
"SMALL SISTERS" OR
SLAVES?
a curious coincidence, public notice of proposed legislation for the better protection of girls under eighteen years of age synchronises with the annual meeting in the Colony of the Auti-Mui-tsai Society. Details of the proposed amendment of the existing law, and of the proceedings at the public meeting, have already appeared in our columns. The Government proposes to give the Secretary for Chinese Affairs authority to assume legal guardianship of any girl under eighteen who has been sold for adoption into another family, or has been properly treated by those in whose custody she is, whether sold or not. Very wide powers are proposed to be given to the author- ities, enabling them to make the most exhaustive search and inquiry in connection with suspected cases of infringement of the law, and heavy punishment in the shape of fine or imprisonment is provided for. It is interesting to note that at the annual meeting of the Anti- Mui-tsai Society the honorary secretary paid special tribute to the activity of the Secretary for Chi- nese Affairs in dealing with cases of ill-treatment to mui-tsai brought to its notice. The new legislation which the Government proposes to introduce does not mention mui- tsai, but of course these are the girls on whose behalf mainly it is proposed the law shall be amend
ed.
abolition of a custom which, though restricted, still persists.
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The judicial pronouncement was made just fifty years ago, yet ful to-day-while slavery is not per mitted in the Colony-the mui-tsai CG system persists. The buying and th selling of these girls is prohibited by law; the further employment of them is prohibited; those who wish to be set free from their engage- ments need but go to the first police- man they meet, and the wheels of the law will be set in motion-yet the system has not been yet
In the year following Mr. CHUR- CHILL'S declaration an Ordinance eradicated. Nobody knows how was passed and partially put into many "small sisters" there are in force. This new law declared there Hong Kong, since that part of the were no property rights in children 1923 Ordinance providing for regie- who were bought, and it prohibited tration of mui-tsai has not been the employment of any mui-tsai or
enforced. It is argued by the Anti- female servant under ten years of Mui-tsai Society that only by re- age, but a third clause calling for gistering these girls is in possible the registration of these "small to keep check-first, on their num- sisters" was not and has not yet her, and second, on their place of been put into operation. The Anti- domicile and, inferentially, their Mui-tsai Society claims that the mauner of treatment. This question Government's failure to enforce the has been recently brought to the notice of the British Government registration clause renders all other efforts to assist these girls once more, and before long it is nugatory. They have been advised probable that official correepondence (through a proclamation published on the subject will be published. once in the Chinese Press) to go to It will be then possible to learn the police and report any cruelty what precisely are the objections of or ill-treatment, but young women
the local authorities to the enforce- ment of what seems to be a most of this type are both illiterate and timid, and are afraid to make an
vital clause of the 1923 Ordinance.
appeal to the authorities for help. Moreover, among the Chinese there is very strong-possibly quite un- reasonable-prejudice against the Po Leung Kuk-the institution to which such girls are sent when re- nd leased by the authorities from their P torturers. In spite of the Ordin- H ance of 1923, and of more recent official efforts to assist these un- fortunate girls, the Anti-Mui-tsai Society declares the eradication of N this pernicious system is as remote k as ever. It is interesting in this P| connection to quote some remarks w made in 1879 by the Chief Justice a in giving judgment in a case in the Criminal Sessions relating to charges of kidnapping and selling children. His Lordship, after a very lengthy address, said that t what he intended to affirm could be summarised thus:-
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1. That in England, by the com- mon law, slavery in every form has always been and is prohibited, that no one can acquire any right over the person of another, that no man can sell his own person into slavery, that a parent has no saleable pro- th perty in his child; moreover, that by every such sale is nudum pactum de absolutely void, that money paid on such sale cannot be recovered
du back; but that the man bought must W be restored to liberty, and the sold child to his parent, as if no money money can be recovered back, and sti had been paid; that no purchase
that the crime in buyer and seller must be punished.
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wh
2. That slavery has never been da introduced into any British colony
th except by positive law; so said Lord MANSFIELD.
1.
3.That all slavery was abolished ti throughout the British colonies in
be to 1833, when England nobly made a present of £20,000,000 as a boon to the slave-holders.
4.-That Hong Kong became a British Colony not until 1841, and prohibited by force of both then slavery had been absolutely the common and the statue law then existing.
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That theory and practice do not always agree is unfortunately too often the case. The literal transla- tion of the word mui-tsai is “small sister," and there is reason to be- lieve that originally all such girls were-and some still are-treated as! members of the family into which they enter. Parents of the poorer class, with too many mouths to feed, were only too glad to be able to place them with well-to-do families as "small sister," especial- 7. That these laws not having ly as the transfer would be accom-
been enforced each officer has failed panied by a cash payment. This the only excuse that any one of us in his duty to the Queen, and that
money in theory-did not repre- can urge for such failure in duty is ignorance of the existence of the extent of slavery here.
5. That by the proclamation of h January 24, 1845, the Queen pro-g mised and undertook that the Eng- fish law against slavery will be euforced by all Her Majesty's t officers, Civil and Military, within the Colony.
6. That the obligation to enforce these laws is, therefore, absolutely imposed by the Queen on every Civil and Military officer here as if the obligation has been especially written at length in his commission or warrant of office.
sent the price of a girl purchased, but was simply cash compensation 8. That it being now patent that to the parents for expenses in- there is now a very great number curred in bringing the child up. of slaves (say 10,000; the number No doubt it is still the fact that has been estimated at even 20,000) in this Colony ignorance can many such girls are well-treated, no longer be our excuse, but that
are much better off as "small all officers of the Queen in this sister "
than they would be with Colony, each in his department and to the best of his ability, must their own poverty-stricken parents, henceforth effectually enforce these but it is also the fact that many laws or fail in the duty imposed mui-tsai are shamefully and cruelly on him by the Queen. Of this I feel assured, by his previous acts, ill-treated. It is also the fact that that H.E. the Governor will active- the system is one which runs counter ly promote all such proceedings as
to British sentiment, and in 1922 Mr. WINSTON CHURCHILL, speaking
<
will tend to enforce the laws against slavery here, so that this Colony may become as free from in the House of Commons, said he that taint as any other colony under was determined to effect the aboli- the British Crown by enforcing tion of the system at the earliest laws already in existence and, if
necessary, by passing laws, however a practicable date. Lest there be any stringent, that shall free this misunderstanding arising out of Colony effectively from all slavery,
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