5363-25
unpaid. The arguments which have been brought forward with regard to the general contentment of the mui-tsai and the general excellence of the system, may very likely be perfectly correct. I have very little doubt that many of the statements, that ninety per cent. of the statements are correct. But if any hon. member will take the trouble to read up the literature of the early part of the nineteenth century he will find in numerous pamphlets of West Indies' societies precisely the same arguments, reproduced in almost exactly the same words, as to the rare occurrence of cases of ill-treatment amongst negro slaves. These arguments were not allowed to stand in the way of the abolition of the system of slavery in the British Colonies, and I fear that it is impossible to allow arguments of the same kind to stand in the way of the abolition of a system of keeping mui-tsai in Hong Kong. The hon. member who spoke on behalf of all the unofficial members commented on the reference to "certain persons "who had "erroneously supposed " certain things, in Clause 2 of the Bill and he suggested that those "certain persons "who had made erroneous suppositions were all the 300 or 400 million inhabitants of China. It seems to me that it may conceivably be the case, that these three or four hundred millions had an erroneous impression. As we have heard here to-day, the system was declared to be unlawful under the Manchu Dynasty and subsequently, in the time of the first Republic, and I am not quite clear, therefore, that they had good grounds for their belief, but I should like to make a strong point that we are not legislating for the 400 millions of China, but for the 600,000 odd inhabitants of a British Colony. This is a matter which must be decided--with all due regard to Chinese sentiment and prejudice on the principles of British law and the sentiments of a British community. The main point of the Bill is that the system of keeping mui-tsai must be abolished. On that point, I have definite instructions from the Secretary of State who represents the British Government and the British people. There can be no compromise on that point: the system must be abolished, and if the system is to be abolished I can see no reason why you should not say so. For that reason I think it is necessary---
in fact essential--to keep Clause 4 in the Bill, but I am quite prepared to accept any alternative form of words which will convey the same impression. But there can be no compromise on this point: that hereafter no person can be allowed to take a mui-tsai into his employment in British territory.
The matter of registration is, to my mind, not of the first importance. The Secretary of State has expressed his readiness to listen to any arguments against the imposition of registration in these matters and will no doubt, weigh very carefully what has been said by the hon. senior Chinese member in deciding what instructions he shall give with regard to bringing into force what may be called the reserved portion of the Bill that is to be brought into force by proclamation. With regard to the other minor amendments of the hon. member, Mr. Pollock, I think many of them may with advantage be adopted, and I should like to say now that I am much obliged to the hon. member-although I cannot agree with his views in some instances-for the trouble which he has taken in endeavouring to get this Bill into the best possible shape so that it may serve its object of protecting the interests of mui-tsai while causing the least possible friction and difficulty. The remaining points raised may be dealt with more suitably on the individual clauses of the Bill as they arise. It is proposed and seconded that the Bill be read a second time.
The second reading of the Bill was then carried.
THE ATTORNEY-GENERAL moved that the Council go into Committee to consider the Bill clause by clause.
THE COLONIAL SECRETARY Seconded, and this was agreed to.
The Council accordingly went into committee.
HON. MR. H. E. POLLOCK: I beg to move an amendment in Clause 2 to make it direct and to run as follows:-
"It is hereby declared and enacted that no payment of money to the parents or the guardians, or the employer of a female child, such payment purporting to be in return for the transfer of the child, confers upon any person any right of property in the child, or the right to retain possession or custody or control of the child, either as against the child's parent, guardian, or employer, or as against the child herself."
"
In support of this amendment, Sir, I would say that it seems to me a far more direct and definite statement of what you mean to effect than the present declarations Clause 2, which begins in a round-about sort of way, "Whereas certain persons have erroneously supposed etc. Your Excellency has stated that the certain persons cannot possibly refer to the 300,000,000 to 400,000,000 people living in China, but they must be restricted to the 600,000 Chinese in this Colony. But, Sir, I would beg leave to point out, with deference, that this is not so, because the number of mui-tsai who are acquired in Hong Kong are a very trifling percentage indeed. The mui-tsai who have found their way to Hong Kong come from outside, within the vast Empire of China itself which is subject, as we know, to such very severe and distressing economic conditions, with famine prevalent in very large areas. With regard, Sir, to your observation about the desirability of the present system, I must confess I have found it very difficult to apply that observation to the remarks which have been made by myself or by my Chinese colleagues. And, furthermore, Sir, I must have expressed myself very indifferently if you have not apprehended the fact that my whole contention is that Clause 2 of this Bill absolutely shatters the mui-tsai system as it hitherto existed; that it brings it to an end completely; that it does away with any possibility of it being represented either as a servile condition or as a proprietary condition. And the amendments which I shall ask your Excellency to make by and by in Clause 12 of this Bill will make the point even stronger, perhaps,
PROOP, T
No comments yet.
Private notes are available after approval.