64
10
SOUTH
CHINA
MORNING
POST.
MONDAY, JULY 22, 1929.
Thinese customs, is a mui tsai NORTH CHINA FLOODS.
MUI TSAIS IN HONGKONG.ally treated the
CHINESE EXPERT GIVES EVIDENCE ON
same as &
daughter? There is some dif-
ference.
You say she is not usually treated as a daughter?-A daugh-
LOCAL CONDITIONS OF CHILD LABOUR.ter need not do household work but
YOUNG GIRL OVER-WORKED.
Labour conditions, to which children of certain Chinese families, more especially mui tsais, are subjected, were brought to light in a prosecution brought by the Secretariat for Chinese Affairs before Mr. T. S. Whyte Smith at the Kowloon Magistracy last week. On Saturday, at the special request of the Magistrate, expert evidence of local conditions was given by a prominent member of the Chinese community and the Medical Officer of Health,
Mr. Tong Yat-tsun, J.P., who has been identified with several local institutions for some years, gave it as his opinion that mui tsais were only purchased by the wealthy, but in the event of an owner becoming poor the girl might be required to earn money for her employers but she should not be subjected to excessive toil. There was a difference in treatment, was witness' opinion, between a daughter and a mui taai, whose essential duties. however, were confined to household work.
Mr. Butters intimated that that was in favour of the prosecution. Does not Disapprove of System
The case concerned the widow seemed to have given her evidence of To Kwa Wan, who was charged in a reasonable way. She said on two counts under the Female that the defendant was a woman could not Domestics (Mui Tsai) Ordinance with bound feet and of 1923. She was alleged to have carry water herself. ill-treated the girl by sending her to work in a factory for 101⁄2 hours every night for a period of 2% months. The defendant was also alleged to have failed to provide the girl with sufficient food.
Mr. H. R. Butters, assistant
Chinese Secretary for
Affairs, appeared for the prosecution
Value of Medical Evidence, Addressing Mr. Butters, his Worship said: As you know, I requested that the Medical Officer of Health be called as a witness and I have been giving a great deal of consideration to the matter since. I am not at all sure if his evidence will be really relevant. I am more and more convinced that the matter is governed by the In- dustrial Employment of Children Ordinance, where certain regula- tions are laid down.
Now, that Ordinance defines a child as a person under the age of 15 years and I am inclined to hold that this mui tsai is over 15. She says herself that she is 16, ac- cording to Chinese reckoning, which you argue is 14 by European
koning. Dr.
Thomas said he would estimate the girl's age at about 15 or 16, European reckoning, and I think I might find under the cir- cumstances that she is over 15.
Mr. Butters: 15 or over. His Worship: That is, she is 15 or over.
Continuing, his Worship said: And as you know Regulation 10 of that Ordinance says "no child shall be employed in any industrial undertaking between 7 p.m. and 7 a.m." Now, assuming that this child is 15 or over, then could it be held that a woman, by sending out her daughter or her mui tsai to work at night in a factory, is ill-treating or over-working that girl, when, according to that Re- gulation, night work seems to be permitted for children above the age of 15? That's the question.
Decision on Other Grounds.
Expert evidence was then called. Mr. Tong Yat-tsun went into the witness-box, and in reply to Mr. Butters, said that he had been a Justice of the Peace since 1916. In 1918 he was a Director of the Tung Wah Hospital and a Director of the Po Leung Kuk in 1919 and 1924. He was also a member of the permanent committee of the Fo Leung Kuk, a member of the District Watchmen's Committee and a member
of the Chinese
General Chamber of Commerce.
Mr. Butters: Am I correct in saying that you do not disapprove of the mui tsai system?
Witness: Yes. Supposing a mui tsai of the age, presumably, of 15, European was employed in & reckoning, knitting factory for 10%1⁄2 hours interval or every night without interruption, without facilities for sitting down and such employment continued nightly for the space of 22 months, do you consider that that is normal and usual treat ment for a nut tai in the Colony and in accord with the accepted standard of Chinese employers of mui tsai?-No, it would
not be fair.
His Worship pointed out that it was for him and not the witness to decide whether the complainant in the case had been over-worked or not. His Worship suggested that the question should be put in another form.
Question Too Long. His Worship: Is it a
usual thing for a mui tsai to work at a factory?
Mr. Butters: I had that asked. His Worship: Your question is too long.
His Worship's question was put to the witness, who replied "No." The object of keeping a mui tsai is to keep her to work in the house. It is not usual to send her out to a factory.
I might mention that the last time Dr. Fawcett gave evidence I
Mr. Butters: What about send- accepted his evidence but decided ing out a mui tsai at night?
the case on other grounds al-That's not proper. is not
It
together and it seems to me that correct. that might happen again. I think His Worship: Are mui tsais it fair to Dr. Fawcett to mention limited to wealthy households or this. I might decide on other are they bought by poor people as well?-Now-a-days a man must have some money before he buys a mui tsai, but later on he may be poor
grounds.
Mr. Buttera pointed out to his Worship that the girl was not much older than 15 years. He also drew his Worship's attention to the fact that Regulation 10 pro- hibited a child under 15 working for even one hour on a single one night between 7 p.m. and 7 a.m.
His Worship agreed that it would be a breach of Regulation 10 for a child under 15 to work even for one hour during the time mea- tioned.
and then he will find it difficult to keep the mui tsai.
Mr. Butters: Are there certain obligations, certain standards of treatment, on the employer of a mui tsai?-How? How certain treatment.
His Worship: That perhaps is a little too difficult a question to
ask.
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 rbe 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 mai tsai to do night their
work
rather than to send
own child.
And that in spite of the fact jṛnāt 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 re- gulations were not adhered to, such breaches as were mentioned by Mr. Butters would be injurious
to the child's health.
Speaking of the mui tsai in the present case, witness stated that she had been over-worked and such toil as she had been required to do at the hours mentioned by the prosecution was injurious to her health.
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.
River Bursts its Bank Near Chochow.
VILLAGES INUNDATED.
Peking, July 21. Recent heavy rains in north China have caused the Yungting- ho to burst its south bank near Chochow, Hopei.
At present ten villages are in- undated, while the waters tre still pouring through the gap, which is seven hundred feet long.
The Provincial Government has sent engineers and relief workers, funds, as to which it has tele- but is handicapped by the lack of graphed to the Ministry of Finance appealing
the Ministry's monthly contribution to the Hopei river funds, which are now seven months in arrears.-Reuter.
for
BOYCOTT LIFTED.
Improved Conditions on Upper Yangtsze.
Naval wireless messages received over the week-end state that the situation on the Upper Yangtze has improved materially. The boy- cott against British ships has been officially lifted at Chungking and one of the Jardine Matheson ships is proceeding with full cargo. The B. and S. 8. Wantung is loading. Trade is still bad, but the outlook is more hopeful.
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 was pro-
she also occupied.
She said that the complainant 16 according to. Chinese reckoning.
with free quarters which
Children's Sleep. A child of 15 or 16, said witness,vided
or eleven hours' should have ten 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.
Witness said that he had visited knitting factories but unfortunate- ly had not visited
the one
in 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 standing 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- which meant dustrial fatigue" doing the same, automatic, work continuously. This has an in- jurious effect upon the nervous 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.
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 defendant that it might be advis- asked the interpreter to tell the
Mr. Butters: May I ask whe- Then the point arose, said his ther Mr. Tong thinks it is proper Worship, what should the defen to hire out a mui tsai as personal dant have done. Should she have Pperty? Is it proper for al
able for her to give evidence on been at the factory to see how the mistress to take a girl's wages oath, although his Worship point- girl was being employed? His the mistress is poor, in a baded out she had the option of Worship asked if that was what condition, then she cannot help making a statement from the dock Mr. Butters argued.
getting the money from her mui if she so desired. tsai for working.
evidence as to the financial posi- tion of the defendant. She seems to be poor.
was
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.
OFFICIAL'S ABSENCE. Criticised by Magistrate in Mui Tsai Case.
WOMEN CHARGED.
Wong Hay and another woman were charged before Mr. E. W. Hamilton on Saturday with as- saulting a mui-tsai.
Inspector M. Murphy informed the Magistrate that he had been requested by Mr. H. R. Butters, of the Secretariat for Chinese Affairs, to ask for an adjournment of the
case.
Mr. Hamilton:If the S.C.A. is the complainant, they should send up a representative. Mr. Butters
should know that perfectly well.
What are the facts of this case?
Inspector Murphy: - I know nothing about the facts at all, your Worship. All I have is this chit.
His Worship said he was being left in entire ignorance of the facts of the ease by people, who, complainants, should have been pre- having put themselves down as the
sent in Court to tell him all about it. He must press fur the atten- dance of Mr. Butters or some other official connected with the S.C.A.
The case was held over, while Inspector Murphy left to communi- cate with the S.C.A.
After an interval, he returned to inform the Magistrate that neither the Hon. Mr. R. A. C. North nor any of his assistants had turn- ed up.
Mr. Butters replied that what he
The defendant elected to give argued was that both as a parent
Defendant's Financial Position.
evidence from the witness-box and and as a mistress of a mui tsai His Worship (to Mr. Butters):) said that the complainant had the defendant had over-worked Of course, we have had no gone to the factory to work of her both her daughter and the mui
own accord. She had also gone to tsai. He did not think that any
the feather sorting factory and parent had a right to work girls
carried earth of her own accord. of their ages during such periods.
Mr. Rutters: Well, she's got a It was not true, she said, that she Ill-treatment not Pressed.
Mr. Rendall, who had previously son working.
gave the complainant insufficient protested against certain irregu- His Worship said that with re-,
His Worship: You don't think food to eat or that she had ill-larities in connexion with the de- gard to the alleged ill-treatment she's poor?
treated her. She had asked her tention of his clients, was told by they had only the child's evidence Mr. Butters: No.
each day if she found the work hard and if she did she had better
Mr. Hamilton to take the matter give it up. Witness denied that
up with the C.S.P. she had struck the girl.
of that. The defendant denied the Mr. Butters: May I ask whe- allegations made by the mui tsaither Mr. Tong thinks that, accord- and his Worship thought that he ing to the standards of Chinese himself had suggested that there customs, this mui tsai was over- was no reason why the defendant worked? should go into the witness-box, but
Witness: Supposing a mistress if the prosecution were going to is poor, the mui tsai has got to argue that there was a certain work but she should not be allow- amount of ill-treatment during the ed to do night work. day, his Worship would advise the defendant to give evidence on oath.
Mr. Butters: I am not pressing the charge of ill-treatment.
His Worship: You are relying on the factory work?
Mr. Butters: Yes, and on a certain amount of household work. I think a certain amount was per- formed by the girl during the day. His Worship said that the one witness the defendant had called
Mr. Butters: Do you think 10% hours every night for a period of 22 months, is excessive?-Yes, i is.
His Worship: According to that. Chinese ideas; you might just ad
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.
Now, Mr. Tong, according to His Worship (to Mr. Tong)
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-
ort her.
"I ask your Worship to pardon me," added the defendant.
His Worship: We are still taking evidence.
Sergeant Post, attached to the S.C.A., later appeared in Court, and in reply to his Worship, said that all he knew of the case was that the girl went to the S.C.A. and made a complaint of ill-treatment, whereupon a district watchman was sent out to arrest the defen- dants.
Sergeant Post also said that the two assistants now available at the S.C.A. were both engaged that morning. Mr. Butters, who was one of them, was in another case at the Kowloon Magistracy and was not likely to be free until that the complainant's work was
had any suspicions about mid-day.
His Worship formally remanded hard, the defendant said that the the case until this morningxing girl was looked upon as her own cash bail in the amount of $500 fori daughter. Her own child, she each defendant.
Judgment Reserved. Answering Mr. Butters as to whether she
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