Sessional_Paper_1929 — Page 261

Sessional Papers 議政定例兩局文件 All

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3. In pursuance of this policy an Ordinance was passed on the 15th of February, 1923 entitled "The Female Domestic Service Ordinance, 1923”. The first part of this Ordinance negatived the idea that rights of property in a female child could be conferred on a third person by payment to the parent or guardian of such child. The second part amongst other things provided that no person should hereafter take into his employment any mui-tsai, and forbade the transference of an existing mui-tsai from one employer to another.

If effect were given to these provisions, it is clear that the mui-tsai being only recruited from those brought into the Colony from outside should steadily decrease in numbers.

4. Part III of the Ordinance provided for the registration inspection and control of mui-tsai, and forbade under penalty any person having in his employment an unregister- ed mui-tsai. Further, it was laid down that no person should have in his employment any female domestic servant under the age of ten years unless such servant was a regis- tered mui-tsai, and that every mui-tsai over the age of ten years should be entitled to such wages for her services as shall be prescribed.

5. In view, however, of the representations of the Governor as to the opposition of the Chinese population to the Enactment generally, and particularly to Part III, the Duke of Devonshire in his despatch of the 2nd of May, 1923 wrote: "I concur in your suggestion that the question of registration and of payment of wages may be left in abey- ance for the present, and that Part III of the Ordinance should not be brought into opera- tion unless and until it is shown to be necessary".

6. It now appears however that after six years from the passing of the Ordinance the most that can be said (vide paragraph 6 of your despatch of 23rd of February) is that there is no reason to believe that the number of Muitsai in the Colony has increased.

7. After making all allowance for the difficulties in bringing the system to an end. which are described at length in your despatches, it is my duty to inform you that public opinion in this country and in the House of Commons will not accept such a result with equanimity, and that I feel myself quite unable to defend a policy of laissez faire in this serious matter.

S. I must, therefore, direct that the third part of the Domestic Service Ordinance should be brought into force forthwith, and special care must be taken to inform the popu- lation generally that it is in force; and that it will not be allowed to be a dead letter. You should also at once proceed to make Regulations under Section 12 of the Ordinance for the keeping of the Registers, for the remuneration of mui-tsai, and for their inspection and control. It will be doubtless necessary for you to appoint additional officers in the Department of the Secretary of Chinese Affairs to carry out the work of registration and inspection.

9. Further. I consider that Part II of the Ordinance should be amended so as to forbid the bringing into the Colony of any mui-tsai. There can be the less objection to such a provision inasmuch as I learn from your despatch that the status of mui-tsai has been abolished by law in China.

10. I fully realise that time will be required to make the Law effective, but I am not prepared to acquiesce in a merely nominal enforcement of the Law. Any offence against the Ordinance which comes to light should be made the subject of prosecution without regard to the position of the offender and a full Report should be furnished every six months on the working of the Ordinance and of the proceedings taken under it

11. Whilst feeling bound by the traditional policy of this country in regard to any institution that savours of slavery to take steps for the abolition of the mui-tsai system nothwithstanding any opposition in the Colony, I need hardly remind you of the desirabi- lity of enlisting as far as possible Chinese opinion in favour of the change. This will be the less difficult since it is clear from your despatch that the best opinion in China itself is opposed to the institution as is evidenced by the Law which has been passed abolishing it.

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