1923-02-09 — Page 4

TAR HONGKONG DAILY" "PRESS, FRIDAY, FEBRUARY 8TH, 1928.

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HONGKONG LEGISLATIVE

COUNCIL.

RENTS RESTRICTION TO BE. CONTINUED,

THE MUI TSAI LEGISLATION.

"UNOFFICIAL MEMBERS "CRITICISE THE BILL."

THE GOVERNMENT'S INSTRUCTIONS.

A meating of the Council" was held, yestomlay. Present:

THE MUI TSAI BILL.

VIEWS OF UNOFFICIAL MEMBERS.

THE GOVERNOR'S REPLY.

Bill (as the Unofficial Members propose unanimous views of the Unofficial Mem, to do by amendment in Committeb) the bers. We do not ask for any further fact that mui taai aro entitled to the or longer delay than is necessary for the sama protection as are other young girls above purpose, and in the meantime fin... under the provisions of the Women's and fact, this very day) the other provisions. Girls' Protection Ordinance, 1807. That of this Bill which contains all its vital Ordinance (the provisions of which, principles will be placed on the statuto together with the fact that it applies to book of this Colony. There are two mui taai, should be widely published by vital principles in this Bill and the unan teka the Governmenty deals in the minutest offcial Members of Council accept both posible manner, and under very heavy of them. The first is the abolition of the penalties including in many cases the mui tani system, and this is effected by punishment of flogging-with traffic in clause of the Bill, which gives the women and girls (sec. 3), procuration of death-blow to the mui tsai system a women and girls (sec. 4), defilement and hitherto recognized and practised by procuring dealement of women and girls Chinese custom.

(seca. 3, 6 and $), receiving or harbouring The second principal is the provision girls for immoral purposes (seca. 18 and for good treatment of mui taai This 13), rape (ca 11), and abduction (socis dealt with by clause 6 of the Bill. All 9250 27). And, whilst we aro on the of the amendments which the Unofficial question of publication, we would express Members will move in Committee on thin. the hope that means will be taken by the Bill are fraped for the purpose of, fur- Government to advertise, in the interests thering and strengthening the above two of mul tsai, not only the above provisions vital principles of the Bill and for the H18 EXCELLENCY THE GOVERNOR (Sir'

of the Women and Girls' Protection R. E. STCBS, K.C.M.G.)

Ordinance, but adeo the provisions of the Protection of mui tsai. H.E the General Officer in Command af

the Troops (Major-General Sir Jonn The ATTORNEY GENERAL moved the present Bill, as they cannot be too widely FOWLER, .C.M.G C.B., D.S.Osecond reading of the Bill intituled Anknown. Hon. Mr. CLAUD SEVERN, C.M.G. (Colonial Ordinance to regulate certain forms of

Secretary). Hon. Mr. J. H. KEMP, KC C.BE.

(Attorney-General)

MESSER (Colonia McL Hon. Mr. E R HALLIFAX, O.B.E., (Secretary for Chinese Affairs). Hon. Mr. E A. IRVING (Director al

Education).

Hon. Mr.

Treasurer).

27

Hon. Mr. T. L. PEAKING (Director of

Public Works).

Hon, Mr. H. E. POLLOCK, K.C. Hon Mr. P. H. HOLYDAR.

Hon, Mr. E. V. D. PARR

Hon. Mr. Chow SHOT-BON.

Hon. Mr. A. G. STEPHEN.

Hon. Mr. No Hoy Tez.

Mr. A. G. M. FLETCHER.M.G. C.B.E.

(Clerk of Councils)."

MINUTES,

The minutes of the last meeting of the Council, held on December 25th, were approved and, signed,

STANDING COMMITTEE.

HIS EXCELLENCY: This being the first mecting of the year, gentlemen, it is necessary to appoint the one Standing Committee provided for in the Standing Orders that is the Standing Law Com mittee, which will this year consist of the Hon. Attorney-General, the Hon Colonial Treasurer, the Hon. Mr. Pollock, the Hon. Mr. Holyoak, and the Hon. Mr Ng Han Ta

RENTS, RESTRICTION ORDINANCE.

TO BE CONTINUED FOR ANOTHER YEAR." H.E. THE GOVERNon said: should like to take this opportunity of giving notice that at an early meeting of the Council, it will be moved on behalf of the Government that the Rents Restric tion Ordinance should be continued in force for a farther period of twelve months. The progress of the provision of houses is going on very well, but there still seems to be a considerable shortage. The question of the withdrawing of the Ordinance is one that requires considera- tion, and such consideration will be given to the matter by the Council in due

course."

2

FINANCE.

The COLONIAL SECRETARY, by command of H.E. the Governor, laid on the table Financial minutes Nos. 1 to 9 and moved that they be referred to the Finance Committee.

The COLONIAL TREASUREH seconded and the motion was agreed to.

MEDICAL REGISTRATION

ORDINANCE.

and

views.

+

OD

Let us now consider whether clause

28

HON MR CHOW SHOP SON. Hon. Mr Chow Shov SON: Sir,

of the Bill is desirable. As regards this The Honourable Sene Unofficial Mem Female Domestic service.

The COLONIAL SECRETARY Seconded. paint, the Attorney General las pointed ber having expressed the joint, views of out that there is the danger that in all the hotels, I would, ordinarily, said:-Your Excellency, the Seniorteni,

The Hon. Mr. H. E. POLLOCK, K.C, attacking the practice of employing mai have contented myself with merely

We may increase the risks of endorsing his remarks; but in this cas Unofficial member of the Legislative neglect, kidnapping and prostitution, my Chinese colleague and I have pro- Council, I have been asked by my British We, therefore, consider that clause 4 is mised both the supporters and oppriments Colleagues to address this Council on, the undesirable. Clauset of the Bill is so of the Bill to repeat here their respecs subject of this Bill. What I am saying wholly unnecessary, in view of the tive arguments, and to express our owie therefore, must be regarded as our joint language of clause of the Bill which views on this important subject which so The Senior Chinese Unofficial completely abolishes the whole system of intimately concerns the Chinese. I Member will address the Council employment of mui tsai, as defined by would therefore, crave the indulgence of behalf of himself and his Chineso

Chinese custom, and entirely eliminates this Honourable Council for so doing. langual, I should add that the

Since the Bill was read for the first any vestige of proprietorship or quasi-. Chinese Members of Council concur in proprietorship in the employer, This time, meetings have been held by various and support what I am about to say, aspect of the matter has engaged the most sections of the Chinese community to and that wo British Unofficial Members earnest and anxious attention of the discuss it-by the Chinose General" also concur in what the Senior Chinese Unofficial Members of Council, with the Chamber of Commerce, by the Kaifong Unofficial Member is about to say

result that they have arrived at the at the Tung Wah Hospital, by thirteen behalf of the Chinese Members. We conclusion that it is desirable to alter the Chinese Commercial Unions, the Anti- regret to find that a great deal of misunderstanding has gathered out language of clauses 12, 13 and 14 of the Mai Tsai Society, the Y.M.0.A. and Bill in Committee so to make it YW.C.A.. and by "the Chinese Labour. this subject The Mui tsai system is neither so benevolent as the more extreme abundantly clear that any mui ta of Quilds. Views on the measure have also As representaitves. of of its supporters have sought to mainy age has the rights referred to in been endociated in both the English and

those three sections. For the protection Chinese Press. tain, nor, on the other hand, is it 80 of the mui taai from evil-disposed the Chinese Community, the Honourable wholly wanting in good points as the persons, it is necessary to insert in clause Mr. Ng and I welcomed such views which opponents of the system would have us 12. some words similar in effect to those have helped us to no small extent in believe, and we are content to acept the at the end of clause 13 of the Bill. and arriving at our own conclusions. The it is therefore proposed to move in views expressed have resolved themselves following language of General, in moving the first reading, of Committee the insertion between the word into two broad divisions--one is support this Bill-Many of the mui tsai-I think "may" and the word "leave of the of the Bill almost in its entirety with the majority are contented with their following words, namely: "with the certain amendments designed to streng lot and are fairly well off."

sauction of the Secretary for Chinesa then it; the other in opposition to it an We, therefore, start with system affairs, and to insert the following new it now stands, though recognising that which viewed as a whole, has not worked badly; which has been practised in China for several thousands of years right up to the present time, and which has its rout in a superfluity of daughters due to the acestor worship imposed on

filial duty (medical eldest son

Clauses 4 and 5 of the Bill are also, in science not yet having discovered any our opinion, objectionable because, for means whereby a parent can select the sex their effective working, they appear ta of the child whom it is desired to bring involve some system or registration. In

Whilst, however, wo into the world)

regard to the question of objections ta regret to find that the evils of the work registration, we desire to asociate our tag of the system have been grossly selves entirely with the remarks which exaggerated to the detriment of the good will be made presently by the Senior name of this Colony, we agree with all Chinese Member. We feel that it is very the provisions for the protection of mu easy and simple for Britons both here tsai from ill-treatment which are on and in England and also for the tained in the present Government Bill, numerous Chinese in this Colony who do are prepared, as will presently not employ "mui tadi, to adopt a appear, to make those provisions against philosophic attitude on suck matters, crusity even stronger that they are at seeing that such registration cannot present...

possibly give them personally the slightest.

ard

the Attornoy

ܐ܂

& man's

"Ia granting or withholding such! paragraph at the end of clause 12:

seaction, 14 the case may be, the that Secretary for Chinese Affairs shall pay regard solely to the interests and welfare of the mui tani.

Clause 2 of the Bill is all-important, inconvenience. In this connection we are and may justly be regarded as the forcibly reminded of the old story of the charter of freedom of the mui tani, for abacates Irish landlord, who wrote to the one blow the muf teai Land League as follows: "If you think it shatters as system, as defined by Chinese custom, and that you are going to frighten me by as it has existed for some thousands of shooting at my Agent, you are very much years. The "certain persons" referred to mistaken. Moreover, Sir, in regard to in that clause as the persons who have these same matters, we cannot help "erroneously supposed that, the payment recollecting that, only about six months The ATTORNEY-GENERAL moved the first of maney in return for the transfer of a age, when the question came up in, this reading of a Bill intituled An Ordinance female child confers certain rights over Council of the Europeans of this Colony to amend further the Medical Regis hor" are the three or four hundred being, compelled to register their names carry out certain tration Ordinance, 1884. He said: Under millions of Chinese who compose the as being able to

essential duties in the event of a general the Ordinance of 1884 persons, could be inhabitants of China.

Clause 6 which provides for the good strike, there was much general practitioners. rogistered as medical Particulars of their qualifications treatment of mui taai is, as far as it goes, opposition raised by the Europeane is were required

the right to good; but it does not go far enough, and this Colony to compulsory registration registration did not depend or whe- we shall suggest, in Committee, with the that the Unofficial Members felt it in their those qualifications would or would view of protecting mui tani from gross cumbent upon them to move in this not be recognised by the General cruelty the insertion of the following Council that that Bill be withdrawn: and that Bill was withdrawn accordingly. In Medical Council of the United Kingdom. clause-- The 1914 amending Ordinance adopted "In every prosecution for overwork the face of such a precedent, we think or ili-treatment of a mui tsai medical that the Government cannot consistently the principle of accepting for registration

evidence shall be given before the insist in this Bill here only those medical practitioners whose qualifications would be accepted in Magistrate trying the case as to the registration. England. The short effect of clause 4 of injuries received by auch mui tazi, and the Bill is to give the Governor in Council power to remove from the register any persons who would not be qualified for registration now and who have dis continued practice bere for a period of five years. That is the main clauso of the Bill. Clauses 2 and 3 make: mizor amendments in the principal Ordinance and the amending Ordinance. Clause 2 repeals a temporary provision inserted in the 1914 Ordinance for the purpose In our view the strict enforcement of of safeguarding certain possible rights such a clause against gross orualty to mui That provision has been in force for tad is what is really required, and a fow eight years and it has never been found cases of imprisonment with hard labour necessary to use it, so that apparently as a punishment for gross cruelty to mui it may safely disappear from the taai would, in our opinion, do more to Statute Book Clause 3 repeals a section protect them than any amount of in the 1884 Ordinance which ought to legislation. In order to deal with cases have been repealed by the amending of cruelty by parents to their own Ordinance of 1814. I beg to move the children, one would naturally look for first reading.VE

од

compulsory

Accordingly, the course which the Un- the magistrate shall find whether such oficial Members would now ask the ill-treatment amounted, in his opinion, Government to adopt is as follows-

to gross cruelty or not.

"In the event of such Magistrate finding that such ill-treatment amounts to gross cruelty, the offender shall not be given the option of paying a fing but thall be sentenced by the Magistrate to imprisonment for a term not ex ceeding one year." 2.

some tightening up of the laws against

t-To go into Committee of this

Council forthwith.

2-To put clauses 4 and 5 of the Bill

into Part III.

3-To transpose the sections of clause 6 of the Bill and to re-number it as 4, and to insert two new clauses, to be numbered 5 and 6, for the better protection of mui tsai:

4. To put the whole of clause 7 of the

Bill with the exception of (1) (a); into Part II

B.To leave Clause 7 (1) (a) and clauses 8, 9 and 10 in Part II of the Bill

6. To put clauses 11 to 15 in Part II. of the Bill, subject to certain amendments to clauses 12, 13 and 14, in the interests of the mui tsai To leave clause 16 in Part III. of

The COLONIAL SECRETARY Becorded, and cruelty, rather than for some legislation. the Bill was read & first time.

to

✨. MAINTENANCE ORDERS

ORDINANCE.

prohibiting parents from bringing their childen into the Colony after the com mencement of the Ordinance

This brings us to consider clause 4 of this Bill: The Attorney General "An

the Bill,

BTo pase Part IV. as it is, subject to aslight necessary consequential amendment at the beginning of clause 17,

the mui tsai system has its evils.

Briefly the supporters of the Bill-argua 1. The sale and purchase of human beings is a degrading and in- human custom. It is tantamount to treating human beings chattels and beasts, and it encour ages kidnapping, licentiousness and “ other serious abuses. 2.-Mui tsai are slaves, because they

85-

are deprived of their rights and liberty, are not paid for their labour, and can be re-sold at ang time...

3.-There have been innumerable cases of ill-treatment and neglect of mui tsai. There have also been some cases of employers seducing their. mui tsai, or selling them for im moral purposes. In all such cases it is very difficult for these girls, owing to their ignorance, to defy their employers. 4-Child-drowning bears" "no relation

skip to the mui, tsai system inas- much in child-drowning the victim is invariably one or two days old, while girls sold as mui tsai have generally attained the age of five or six years, an age at which they can be useful to their "pur- chasers.

5.-The argument that the abolition of the system would lead to the star- vation of a large number of poor children can be met by the argu- ment that when employers lose the services of their mui tsai they would have to employ paid servant-girls to take their place; and so the. daughters of the poor, instead of being sold as chattels, would be. come paid servants. 0.-Mui tea keeping is not charity but, on the contrary, tends to encour age selfish and mercenary men to part with their children In order to enable themselves to be more self indulgent.

北

10.

7. To pass a law with the object of merely preventing cruelty would mean the preservation of the poison in the system by neglecting tho source of the disease:

indue 6-Registration should not cause

inconvenience and trouble. At pro sent, schools, companies, births and deaths, and medical practitioners. have to be registered, and no bi- convenience has been experienced. by the parties concerned. 2The system was abolished by law in China towards the end of the Manchu regime, and again at the beginning of the Republic; and if such could be, done"în so fast a country as China, there is no reason why it should not be done in this

mall Colony.#key

Even if there were some flaws in the draft Bill, the proper way would' be to point them out in order to have them remedied, instead of asking that the whole Bill be withdrawn.

The arguments of the other side for

The ATTORNEY-GENERAL moved, the fire seeking to justify the passing of that --To omit clause 19. reading of a Bill intituled An Ordinance clause says the system lends itself to Ir saking Your Excellency to put

amend the Maintenance Orders abuse, and grave abuse, in the hands of clauses 4 and 6 into Part II of the the withdrawal of the Bill are, roughly, (Facilities for Enforcement) Ordinance, val and unscrupulous persons". On this Bill, we would urge that, in view of the as follows: 1921. He said: This Bille is intended to

correct an error which occurred in the point I have asortained that the time and trouble spent by the Unofficial drafting of Ordinance No. 3 of 1922. The Attorney General menet to refer, in Members upon the consideration of thir error is explained in the Objects and addition to Cruelty, to a posible soduo Bill, they are at least entitled to hard Reasons" and the matter is purely a

tion of mui taai by the employer or his their views on those clauses sud on the technical one. I beg to move the first family or to her being sold for immoral registration causes laid before the reading. /'

purposes. But, Bir, surely the proper Secretary of State for the Colomes, beu The COLONIAL SECRETARY seconded and way to post this latter oril is to put fore the solid weight of the Official Vote thờ Bill was reed a first time.

prominently into the forefront of the is brought to beag in opposition to the

1-Mui tani are not slaves, and· have never been so regarded in China either by law or by custom When a mui tsai is married, she is allow ed to look upon the home of her former employer as her own home, " and in treated as a member of the family.