CO129-539-4 Mui Tsai system 28-6-1932 - 28-11-1932 — Page 90

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

2.-

115

No doust, in this case, the undefined meaning of the wOIUB

"auopted" and "fostered', as used in the questionaire, is the cause of misunderstanding. In my answers to the set-questions, I had

occasion to call to attention the loose use of these words as inter-

changeable terms. But as a matter of fact, when they are employed to translate Chinese terms each word has a special significance.

Now, since the English Law has legalized the auoption of a

child, male or female, the word "adopt" or "auopted" has acquired a legal sanction to the word as applying to the status of an auopted

child, whether male or female. But i is otherwise with the Ching be Law. It only deals with and regulates the adoption of a male and ot

a female and punishes irregular and illegal adoptions. The reason being that it is all important with the Chinese, for the purpose of

to con- ancestral worship) to have a son or an adopted or foster-son,

But a daughter even if she is a natural

tinue the line of descent.

porn cannot fulfill that function. Therefore, aucption, except in the ordinary sense of the word, does not apply to a daughter in China.

The designation in Chinese of an "auopted-son" or a "foster-

son"

and the rule of adoption imposui oy law is:-

(1) An "auopted-son" or "auopted heir" is called in Chinese "hin

繼子

(2)

Kai Tsze" or "Chu Tsze" ( 3 or 1303), must be of the

same

surname of the adoptor and belong to the generation one

next be low to that of the adoptor. One related to the adopter

nearer in propinquity is preferred to one more remote. But the

adoptor has power to select amon his kinsmen one who wears

good character in preference to one nearer related.

A "fostered" or "reared up" son is called in Chinese

ve

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