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Clause 4 is the main clause in Part II of the Bill,--the part which is to come into operation at once. It provides that no person shall hereafter take into his employ- ment any mui-tsai. That, of course, will not prevent anyone taking into his employment. as a hired servant a girl who was formerly a mui-tsai. Clause 5 provides that no em- ployer shall hereafter take into his employment any female domestic servant under the age of ten years. That is intended to prevent evasion because in the case of children under 10 it would be very difficult to prove that they were or were not mui-tsai Clause 6 provides that every employer of a mui-tsai must provide the girl with sufficient food and clothing and medical attendance in case of illness, and that no employer of a mui-tsai shall overwork or ill-treat a mui-tsai or subject her to any punishment to which he might not reasonably subject his own daughter. That, I think, really expresses a duty already recognised by all good employers, who, as I said before, are in a large majority.
That brings us to Part III of the Bill--the postponed part. Clause 7 gives a power of making regulations. The regulations that are at present proposed have been published in draft with this Bill. They deal with registration and also with notice of the death of the employer of a mui-tsai and with the wages of mui-tsai. Clauses 8 and 9 require re- gistration, and prohibit the employment of unregistered mui-tsai. Part of the policy of the Bill is to prevent transfers of mui-tsai from one employer to another, but it is obvious, of course, that the case of death must be provided for, and section 11, whilst prohibiting transfers, provides that on the death of an employer the Secretary for Chinese Affairs may make any order which he may think fit for the transfer of such mui-tsai to a new employer. No doubt in the ordinary way in the case of death of an employer he would give the child over to the care of the widow if she were a fit and proper person and the conditions of employment were sufficiently good to justify that order. Sub-clause (2) of the clause provides that when any person becomes the actual employer in fact of a mui-tsai owing to death or for any other reason, such new employer must report that fact within one week. Clause 12 provides that every mui-tsai of or over the age of 10 years may leave her employment at any time without any notice and without any payment to any person. That clause again is merely declaratory, as at the present moment such girls have the right to do so. Clause 13 provides that every mui-tsai under the age of 18 who wishes to be restored to her parents, and every mui-tsai under 18 whose parent wishes the mui-tsai restored to his or her custody, shall be so restored unless the Secretary for Chinese Affairs sees some grave objection. That clause, too, is largely declaratory, ex- cept that it gives the Secretary for Chinese Affairs a right to enquire into the case in the interests of the girl herself. For example, as I have said in the "Objects and Reasons", he might refuse permission to restore a girl to the custody of a mother who was living an immoral life.
Clause 14 provides that every mui-tsai of or over the age of 12 and under the age of 18 shall have the right to apply to the Secretary for Chinese Affairs and upon such application the Secretary for Chinese Affairs may make any order he may think fit in re- gard to the custody, control, employment and conditions of employment of the applicant. That is largely declaratory, too, because, of course, every mui-tsai has that right at present, and no doubt the Secretary for Chinese Affairs will be prepared to listen to any application by a mui-tsai whether she be under 12 or over 18 or between those ages. Clause 15 is the wages clause. The wages proposed are given in Regulation 7 of the Draft Regulations. They may seem small by English standards, but, or course, they must be judged by local standards and in view of local conditions.
I think that is all, Sir that I wish to say as regards the details of the Bill. In conclusion I only wish to say that the Government fully recognises the difficult and deli- cate nature of this legislation and the Secretary of State is prepared to consider care- fully and sympathetically any representations the Chinese community may wish to make before Part III is brought into operation..
carried.
THE COLONIAL TREASURER seconded the first reading of the Bill, which was
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