Sessional_Paper_1886-1887 — Page 193

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The Canton authorities also demanded in 1869 the rendition of a girl 21 years of age and her father on the ground that the girl's father and grand-mother had betrothed her in infancy. The girl was born in Hongkong. The father-a Chinese domiciled here and the daughter refused to carry out the engagement, because the intended husband was reputed to be a leper. The Canton authorities claimed her as "belonging" to the intended husband and his family. It is needless to say that the girl was allowed to exercise her own free will (see Governor MACDONNELL'S despatches to Secretary of State 790 of 1869 and 855 of 1870). The Governor very clearly laid down the principles which Englishmen maintain as to "holding property in persons" and what would be the conduct of the Government of Hongkong vis-à-vis China in such cases; and no chance has ever since been lost of bringing out the difference between our law and theirs, and of pointing out the uncompromising requirements of the English race on questions of personal liberty. The obligations cast by Chinese custom upon the purchasers of servants are only enforced by social sanction. They do not seem to be enforced by any positive law. It is said that good masters and good mistresses never sell their purchased servants as prostitutes nor sell them at all unless when compelled to do so by poverty, and then they sell them to good people. This would seem to admit the power to sell as prostitutes. By Ordinance No. 2 of 1875 any person who purchases or sells in the Colony for prostitution any woman or female child or brings into the Colony any woman or female child purchased or sold out of the Colony for the purposes of prostitution, or harbours or receives them knowing them to have been purchased or sold for such purpose, is liable to two years' hard labour, and on a second conviction the offender, if a male, may be flogged. Indeed, the provisions of this Ordinance for the protection of women and children are of the strictest nature. It was introduced in 1873 and amended in its present form (see Appendix L).

In Hongkong, transactions of pawning and sale of girls as domestic servants have taken place both before and since British Government was established here, and no doubt will take place to some extent in spite of all our efforts; for the system is a recognised institution among some 250 millions of people, and as long as the Colony, part of which is on the mainland of China, is peopled by Chinese, cases of buying and selling girls for purposes of domestic service, with some of the abuses inherent in the system, must necessarily occur. It is obviously impossible to get the Chinese public mind to see any great wrong in an institution which their books shew to have existed almost from time immemorial. But it will be seen from the Blue- book already cited that the respectable Chinese here are most anxious to put down sales for prostitution. They think, however, that the advantages of their system of adoption and child service much outweigh the evils attendant on it, and I take it from Lord KIMBERLEY'S speech in the House of Lords, 21st June, 1880, and his published despatches, that Her Majesty's Government is satisfied that if there were proper guarantees against the abuses connected with the Chinese methods of adoption and of domestic service, the mere fact of a money payment would not be sufficient reason for proceeding otherwise than gradually against these systems, which are the natural concomitants of Chinese patriarchalism. There are signs, however, amonst the Chinese of what Sir HENRY MAINE calls "the movement from Status to Contract" and "the ideas of which the race is capable" shew themselves to be different from what they were when the eminent author of "Ancient law published that work. But, as already observed, no opportunity is lost by the Officials of the Colony in proclaiming the rights of the Chinese here, the freedom of the subject, man, woman and child. It is emphatically impressed upon the inhabitants, that the payment of money for a child confers no title which English Officers will recognise. Again and again has it been pointed out by the Judges of the Supreme Court, by the Magistrates, and Police Officers, that no valid claim can be set up to the custody of any person because of a money payment, and the grown up permanent residents of the Colony and its frequenters thoroughly know our laws on this point. Frequently, at the Police Courts and the Police Stations and at the Registrar General's office claims of right by purchase have been set aside accompanied by a strong admonition. If there was a breach of criminal law there has always been punishment; and although in the course of time, not far distant it is hoped, the knowledge of English laws and customs will permeate the neighbouring province and no claim by right of purchase will be thought of here, nevertheless, as Lord KIMBERLEY remarks, "the position of the children now under consideration "is one of peril, which may require safeguards," (par. 18, page 123 printed papers). For undoubtedly there are children bought as servants, who are brought up by abandoned women with the ultimate object of prostitution either here or at the

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