255
HONG KONG.
No.
12
1929
EXPERT OPINION GIVEN BY THE HON. DR. S. W. TS'O, O.B.E., LL.D.,
CHINESE MEMBER OF THE HONG KONG LEGISLATIVE COUNCIL, IN A MUI-TSAI CASE TRIED BEFORE THE HONG KONG POLICE MAGISTRATE ON THE 26TH SEPTEMBER, 1929.
In order to understand the answers to the following questions it is necessary, first, to have some knowledge of the real mui-tsai System in China. The term mui-tsai, literally translated into English, is "Small Sister". The reason for employing such a term for a class of servant girls is partly explained by the Chinese method of teaching young children to be polite and to treat those below them with consideration. Mui-tsai, though a servant, is not considered to be like a paid servant and merely a member of the household, but a member of the family. It is difficult to trace the origin of this system, but from descriptions in old Chinese books this class of young girls was probably the daughters of paid servants employed in rich or powerful families. For the advancement of their young daughters these servants would deem it fortunate if their daughters were allowed to be admitted into such families as attendants to the ladies of the house, where they would be well looked after, having good food and good clothing, and where they could acquire good manners and gentleness and, as personal attendants or companions to the young ladies of the house, they could also learn needle-work, embroidery, reading, writ- ing and other accomplishments. Being personal attendants to the ladies they were never required to perform any domestic or menial work, as in such families there were plenty of paid servants to do the menial work. Having attained a certain degree of accomplish- ment, these girls acquired a status far above that of their parents. When they grew up to a marriageable age, they might and invariably did, through the influence of their Mas- ter, marry into well-to-do families. In such cases the parents would be too thankful for what was being done for their daughter to interfere with the arrangements made by the Master or Mistress for the girl. A connection by marriage with a well-to-do family would mean also the advancement of the family of the parent, although the girl might not be married as a wife but as a concubine. Girls having been brought up in such a way became deeply attached to their Mistresses and were greatly trusted by them and the whole family. Instances have occurred, we are told, of such girls making great personal sacrifices for the sake of their Mistresses when the Master's family got into trouble
This System of servant girls or mui-tsai became so satisfactory and beneficial to both sides, particularly to the girls, that poor parents were quite willing to part with their daughters to any well-to-do family to be a mui-tsai, leaving absolutely in the hands of the Master or Mistress the care and control of their daughters. On the other hand the well- to-do families, finding this class of servant girls so trust-worthy and so much attached to the family, being reared up in the family from quite a tender age, began to appreciate this class of girl servants. Hence the mui-tsai System came into vogue. Poor parents being in need of money would, on parting with their daughter, ask for some compensa- tion for the expense they had incurred since the child's birth, not as a price or value of the girl, but as a refund of such expense. The amount was usually a nominal sum. Unfor- tunately by taking money the transaction became at once a case of buying and selling of children. However, in such transactions the following conditions attached even to this day by tradition, that is to say:-
(1) That the Master or Mistress should be responsible for the welfare and the person of the child by giving her proper food and clothing, and in case of illness, medical attendance.
(2) That the girl should be considered to be a member of the family, and not
as a paid servant.
(3) That when she is old enough to be married, she must be properly mar-
ried by the Master or Mistress as a wife or concubine.
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