1936-05-28 — Page 11

N. CHINA & JAPAN

39 DAYS FOR £27

VISIT CHINA AND JAPAN IN REAL COMFORT. These ideal cruising liners will call at Shanghai, Taku Bar (to enable you to see Peking), Dairen, Tsingtao, Yokohama, Nagoya and Kobe.

ANTENOR" Skifing JUNE 20th

"HECTOR"

*AENEAS"

414

"SARPEDON

JULY "18th "AUG. 19th SEPT, 12th

THE BLUE FUNNEL LINE BUTTERFIELD & "SWIRE

1, CONNAUGHT KD.

COUNCIL

MEETING

Agenla HÙNG SONG

YESTERDAY

· Mr. A. T. B. Silva- Netto Is Sworn-İn

DAY'S BUSINESS

Mr. A. T. B. Silva-Natto was sworn-in as a" member of the

Legislative Council yesterday in place of Mr. J. P. Braga, who is temporarily absent,

Those present at the meeting were:-

His Excellency the Governor. Brigadier H. Seth Smith, 'G.O.C. Mr. R. A. C. »North (Colonial Secretary).

}

TEL 30331.

CIVIL SERVICE LEAVE SALARY

Colonial Treasurer's Resolution

COUNCIL MEETING

A resolution to clear any possible doubt regarding the payment of salary to civil ser- yanis on leave was passed at the Legislative Council yester- day.

In moving that the resolution be approved the. Colonial Treasurer (Mr. Taylor) sald--

ין

#

Officers on sterling salaries on

MT. C. G. Alabaster (Attorney leave are paid in sterling and the General),

levy only applies. The arbitrary. rate of exchange, at which officers are paid locally, does not apply to

Mr. W. J. Carrie (Secretary for Chinese" Affairs).

Mr. E. Taylor (Colonial Treasur- officers on leave, has not been ap-

pifed and should not apply.

er),

Mr. A. G. W. Tickle (Director of Public Works).

Dr. A. R. Wellington Director of Medical and Sanitary Services),

Cdr. G. F. Hole (Harbour Mas (er).

Mr. T. H. King Inspector Gen-

eral of Police).

Sir Henry Pollock.

Mr. J. J. Paterson.

Mr. S. W. Tsc

Mr. W. H, Bell,

Mr. T. N. Char.

Mr. M. K. Lo.

Mr. S. H. Dodwell,

Mr. A. T. B. SUva-Netto.

M: D M. MacDougall" (Deputy Clerk of Council).

OTHER BUSINESS

The Governor announced

As the wording of the Ordinance is perhaps obscure or this point. I am advised that to remove all possible doubts, although no other construction was ever intended, the resolution standing in my name should be adopted.

Advantage has also been taken

to exempt from the special con- version rate the salary of officers

HONG KONG DAILY PRESS,

THURSDAY, MAY 28, 1936.

MUI TSAI BILL IS OPPOSED

ATTORNEY GENERAL

My honourable and learned friend Mr. M. K. Lo was good enough to furnish me with an advance copy of his speech in opposition to the second reading of this bill and I am glad to note that he realises that the effect of the amendment in the law pro- Dosed by this bill will not be the infliction of imprisonment in every case in which there has been a breach of the principal ordinance or of the regulations made there- under, but that the magistrate will merely be given, in his discretion. the power to impose a prison sen- tence in any case in which he finds such a sentence to be merited.

|

(Continued from Page 13)

with the principles of the Probation of Offenders Act. Fines have not proved a deterrent or prevented the occasional disappearance or removal from inspection of a regis- tered mui tsal and imprisonment for bad cases must be tried.

The Senilor Chinese member my honourable and learried friend Dr. | s. W. Tso has opposed the bill on other grounda.

persons unacquainted with their psychology, for not only are, all our Magistrate Cadet Officers who un- derstand Chinese, but there is also the additional express provision in section 19 of the principal Ordi- nance which ordains that no pro- secution under it shall be "com" menced without the consent of the Secretary for Chinese Akaira,

The Hon Mr. Chau has opposed this bill on the additional ground that. I have misinterpreted what the Secretary for State 'has said. If I have erred then the whole Gov- ernment has erred in the misinter- pretation of the remarks.

.

THE GOVERNOR

The Governor said:-

There is very little that I can usefully add to the admirably clear Rnd conclusive arguments with

In the first part of his speech he has dealt with the daily unrestrict ed flow of population to and from the Colony and contrasts it with conditions in Malaya where the population is more static. He pleads that mui sa may be trought into the Colony by inna- cent and Ignorant immigrants,...! This is no argument to refusing The honourable and learned to arm the magistrates with the member has devoted four Afths of power to imprison persons who are his eloquent address to a discussion, not ignorant of the fact that mu of the merits of legislation on the

tsal may not be brought here. lines of the Probation of Offenders Still less is it an argument in favour Act. 1907,

Legislation on those of saving from the risk of impri- lines based on earlier English sonment the residents who keep enactments. namely section 18 of registered mu! tsal, whom he ad the Summary Jurisdiction Act, 1879, mits should know the law,

There was however one passage and section 1 of the Probation of i The magistrates have ample pow in the speech of my Honourable First Offenders Act. 1887. are toer to deal leniently with those who friend Mr. Lo, which calls for be found in section 30 of the are really ignorant and can be response from me. He said that Magistrates Ordinance and section trusted not to imprison these. But he felt sure that would gladly 96 of the Criminal Procedure Ordi- it is time that it should be known

acknowledge that the Chinese The Hon. nance.

member's

generally by would-be immigrants commmunity as a whole had loyal- re- marks would have been relevant

that the introduction of mui tsally endeavoured to carry out the had the question

of amending into the Colony is as much against Female Domestic Servant Ordi- elther of these ordinances bean the law as the introduction of un- before this Council to-day.

licensed arms, opium or dangerous drugs and will not be tolerated by the authorities.

UNCONVINCING ARGUMENT But It is only in the final afth of his eloquent speech, in arguing that no case for amendment of the Female Domestic Service Ordinance is made out, that the honourable and learned member has addressed himself, with any relevance. to the

bill which we are now discussing.

In this part of his speech, though he has been relevant, I submit he has been wholly unconvincing. Who can doubt that the Secretary of State after what he has said in Parliament is dissatisfied with the present condition of the prin- cipal Ordinance, No. 1 of 1923, as a deterrent?

NO POSTPONEMENT.

At the end of his speech the Hon. Dr. Tso nas suggested that this bill be postponed until after the re- cent of the report of the Man That

Commission. This suggestion has received consideration, but it is

felt that it would be best to bring our existing mul tsal legislation into line with that of the Straits Settlements so that any suggestions the Commission may have to make for further safeguards may apply

qually to both Colonies.

Those of our Chinese friends who are genuinely trying to comply with That Ordinance definitely abo- lished for ever the taking of mut-the law need suffer no anxiety that the it will be administered harshly by tsal into employment and

taking into employment of any female domestic servant under the age of 10. The amending Grdi- nance No. 22 at 1929 forbade the importation of mul-tsa acquired elsewhere,

The rest of the ordinance and the regulations deal with the care and custody of those mul-tsal who' had been taken into service before the ordinance came into force and who, when registered, were' per- mitted to remain in the families of their employers whilst they grow up. But that permission was con- ditional and was given out of con- sideration for the welfare of the mui-tzal themselves, not out of any tender regard for those who em- ployed them.

PRIMARY CONDITIONS The primary condition was that

who may be absent from the Co- these girls should not be over- lony on duty. They are of infre-worked or ill-treated, or be pro- quent occurrence but cases might artse.

vided with food, clothing or medical attendance on a less generous scale than that which is provided for the daughters of the family. The other requirements have been sum- marised by the honourable and learned member. They are well- known to all Chinese in the Colony

At the same time the resolution limits the exemption, in the case of officers on leave, to those whose leave exceeds three months so as to exclude short vacations taken in retirement of Sir William neighbouring countries by officers Shenton had left a vacancy on the who would normally draw their who have registered mai-tsal in

their families. Standing Orders Committee. This pay from the local Treasury and had been filled by Mr. Lo.

not from the Crown Agents.

50

the

that

The repoft of the Finance Com- mittee (No. 4) May 13 was adopted.

The following bills were read for the first time:-

A Bill to amend the Marriage Ordinance, 1875,

A BUI to amend the protection

॥

or Women and Girls Ordinance.

Council adjourned until June 3.

נו

1897.

HOME CRICKET RESULTS

London, May 20. The following were the remain- ing results of the cricket matches concluded to-day:-"

At Kettering, Somerset beat Northamptonshire by 10 wickets.

Somerset: 266 (Gimblett 196)

and 34 for 0.

Northants: 139 (Hazell 6 for 80)

and 157 (Hazell 8 for 79),

At Manchester, Lancashire took first innings points from Worces- tershire,

Worcester: 292 and 288 for 8 dec.

(Wame 115),

Lancashire: 332 (Iddon, 138) and

103 for 3.

At Nottingham. Nottingham took first innings points from Hamp- Entre.

The Colonial Secretary seconded and the resolution was carried.

* THE RESOLUTION

Breach of the conditions has been punished by ane since 1923. Se fat only gross cruelty has been punishable by imprisonment. It is proper, I submit, that all bad cases of breach of the Ordinance" or Re- gulations should now be punish- Resolved pursuant to section 6able here, as they are in the Straits Government Settlements, by a reasonable term Service (Levy on Salaries) Ordi-of imprisonment. mance, 1936, that with effect on The honourable and

The resolution was:--

of the Hong Kong

IF

learned

and from the 1st day of January member has endeavoured to make 1936, the salaries, which are ex-ight of the provisions of the pressed in terms of sterling. of Female Domestic Service Ordinance all officers of the Hong Kong and of the regulations which he Government Service who are or summarised by describing them as shall be absent from the Co- being at a quasi-criminal nature lony on duty for any period only.. But I submit, Bir that every shall be wholly exempt from the one of them has been carefully operation of the special-conversion considered as being vitally neces rate provided for in section 2 (43sary, particularly regulation No. of the said Ordinarce during the which requires the employer of a period in which such officers are registered mnltsat to report her so absent.

death, disappearance, removal er intended marriage. It is this re- gulation, more than any other, which prevents the sale of register-

Notts: 303 und 238 for 1 (Harris ed mul tsal by their employers.

105 not out).

Hants; 299.

beat

At Cambridge, the Light Blues beat the Army by five runs.

Cambridge: 238 (N. W. D. Yardiez

101) and 109. The Army: 151 and 191. At Bristol, Gloucester Glamorgan by one wicket..

Glamorgan: 240 and 118 (God-

dard 5 for 43), Gloucester: 177 and 183 for 9. -Renter.

HARD TO PROVE

Such sales are often dificult to prove; but proof of a breach of re- gulation No. 5 presents no difficulty and recourse can be had to this regulation in all cases where a sale is believed to have taken place.

It is common knowledge that many registered mud tsal are un traceable by the inspectors. It is otlose to suggest that such cases can be dealt with in accordance

which my Honourable and learned Colleague. the Attorney General has met the points raised in op- position to this. Bill.

nance.

I do acknowledge this. Gentle- men, and very gladly and grate- fully.

I will even go further and state "my opinion that my Honourable friend has done unconscious in- justice to an increasing number of his community in attributing the

support given by the local Chinese

to our Anti-Mui Taal measures to a passive. negative submission to

Government policy rather than to. any positive conviction as to their essential rightness and necessity.

NO ABOLITION

My Honourable friend went on to say that the Chinese accept as an accomplished fact the abolition of the Mul Tsai system in Hong Kong. What, however, has actually been accomplished

is statutory

pro-

COURVOISIER

THE BRANDY OF NAPOLEON Fournisseur breveté deÔM, l'Empereurs

COURVOISIER

COGNACS ET FINES CHAMPAGNĖS

Sole Agents:-DODWELL & CO., LTD.)

[

hibition, and abolition can only be to do with my consequent discovery predicated when, looking back over (or to me it was a discovery) that a long period of years we are able pour law here was not on all fours to satisfy ourselves that the ma- with that of the Straits chinery of prohibition has been! I see no reason therefore to leave thoroughly effective.

it to them to point out a short- After reading the reports on Mulcoming in past legislation which is Taj cases week by week over the quite manifest, to myself and my last six months I feel sure that advisers, and which can be re- there is at present one defect in medied by the passage of this that machinery. It does not en- short Bill, able the infliction of reasonable punishment on an offender who knowingly and wilfully flouts and disobeys clauses and regulations on

which the whole efficacy of statu-

tory prohibition depends,

I commend it therefore to your support, and on resuming my seat. I shall put to you the question of ita second reading.

T. B..Silva-Netto.

The second reading was then I do not desire it to be understood passed by 12 votes to four. The that there is a very large number dissentients were Mesra, 8. W. of such cases: since I came here Tso, M. K. Lo, T. N. Chan and A. six months ago there have, how- ever, certainly been twain which the imposition of a fine was neither reasonably retributive nor ade- quately deferrent.

In the committee stages Mr. Lo moved that the clause relating to imprisonment be amended by the addition of the words "In the case of a second or subsequent convic- A SHORTCOMING »

tion." Mr. 750 seconded the The coming of the Secretary of amendment which was defeated by State's Commission had nothing 12 votes to four,

DIRECTORY & CHRONICLE

OF

CHINA, JAPAN, MALAYA, PHILIPPINE ISLANDS.

INDO-CHINA. NETHERLANDS INDIA. ETC.

1936

NOW

EDITION

ON SALE

PUBLISHED BINGE 1862.

1936.

EDITION

REVISED AND ENLARGED ANNUALLY.

AN ESSENTIAL REFERENCE BOOK FOR ALL BUSINESSMEN,

$12.00 A COPY

ORDER FORM

TO THE HONGKONG DAILY PRESS, LTD.

11, IOE HOUSE ST. HONG KONG.

DIRECTORY & CHRONICLE OF CHINA, JAPAN, ETU.

1936 EDITION $12.00 PER COPY (PACKING & POSTAGE EXTRA)

COPIES OF THE 1936 · EDITION

PLEASE SEND US