FEMALE DOMESTIC SERVICE ORDINANCE, 1923

FEMALE DOMESTIC SERVICE ORDINANCE, 1923

No. 1 of 1923.

an Ordinance to reflutale cerfain forms of female domestic
service.
[15th February, 1923.]

PART I
1. This Ordinance may be cited as the Female Domestic
Service Ordinance, 1923.

2. Whereas certain persons have erroneously supposed
that the payment of money to the parent or guardian or
employer of a female child, such payment ptirporting to be
in return for the transfer of certain parental rights, may
confer certain rights of property in the child and certain
rights of retaining possession, custody and control of the child
as against the child's parent or guardian, and as against the
child herself, it is hereby declared and enacted that no such
payment can confer any such rights whatsoever upon the
person making such payment or upon any other person.





3. In this Ordinance,

(a) - Mui tsai includes-
(i) every female domestic servant whose employer for the
time being shall have made, directly or Indirectly, within or
without the Colony, any payment to any person for the
purpose of securing the services of such female as a domestic
servant;

(ii) every female domestic servant whose employer for
the time being shall, Nvithin or without the Colony, have
acquired the custody, possession or control of such female
from, or upon the death of, any former employer who made
any such payment as aforesaid.

(b) Prescribed means prescribed by regulations made
under this Ordinance.

PART II

4. No person shall hereafter take into his employment any
mui tsai.

5. No person shall hereafter take into his employment
any female domestic servant under the age of ten years.

6.-(1) No employer of a mui tsai shall over-work or
ill-treat such mui tsai, or subject such mui tsai. to any
punishment to which such employer might not reasonably
subject his own daughter.
(2) Every employer of a mul tsai shall provide such mui
tsai with sufficient food and clothing of a reasonable kind,
and, in case of illness, with such medical attendance as such
employer might reasonably have been expected to provide
for his own daughter.

In even, prosecution for over-work or ill-treatment
of a mui tsai, medical evidence shall be given before the
magistrate trying the case as to the injuries received by
such mui tsai, and the magistrate shall find whether such
ill-treatment amounted, in his opinion, to gross cruelty or
not.

As amended by Law Rev. Ord., 1924.





(2) In the event of such magistrate finding that such
ill-treatment amounts to gross cruelty, the offender shall not
be given the option of paying a fine but shall be sentenced
by the magistrate te to imprisonment for any term not exceeding
one year.

8. The provisions of the Offences against the Persons
Ordinance, 1865, and Protection of Women and Girls Ordi-
nance, 1897, shall, as hitherto, apply to and include mui tsai.

9.-(1) No mui tsai shall hereafter be transferred from
one employer to another: - Provided that upon the death of
the employer of any mui tsai it shall be lawful for the Secretary
for Chinese Affairs to make any order which he may think
fit regarding, the transfer of such mui tsai to a new employer.

(2) Every person who after the 14th day of February, 1923,
shall become the actual employer of a mui tsai by reason of
the death of the former employer of such mui tsai, or for any
other reason, shall report such fact in the prescribed manner
within one week after he shall have become the actual
employer of such mui tsal.

10. Any mui tsai who wishes to be restored to the custody
of her parent or natural guardian, and any mui tsai under
the age of eighteen years whose parent or natural guardian
wishes such mui tsai to be restored to his custody, shall,
without any payment whatsoever, be restored to such custody
unless the Secretary for Chinese Affairs shall see some grave
objection in the interest of such mui tsal to such restoration.

11. Every mui tsai shall, as hitherto, have the right to
apply to the Secretary for Chinese Affairs, and upon any
such application it shall be lawful for the Secretary for
Chinese Affairs to make any 'Order which he may think fit
regarding the custody, control, employment and conditions
of employment of thp applicant.

PART III.

12.-(1) It shall be lawful for the Governor in Council to
make regulations for the following puToses:-
(a) the registration of mui tsai and the keeping of such
registers up to date,

As amended by Law Rev. Ord., 1924.





(b) the remuneration of mui tsai;
(c) the inspection and control of mui tsai and former mui
tsai ; and
(d) generally for the purpose of carrying out the policy
of this Ordinance.
(2) All regulations made under this Ordinance shall be
laid on the table of the legislative Council at the first meeting
thereof held after the publication in. the Gazette of the
waking of such regulations, and if a resolution is passed at
the first meeting of the Legislative Council held after such
regulations have been laid on the table of the said Council
resolving that any such regulation shall be rescinded, or
amended in any manner whatsoever, the said regulation shall,
without prejudice to anything done thereunder, be deemed
to be rescinded or amended, as the case may be, as from the
date of publication in the Gazette of the passing of such
resolution.

13.-(1) Every person svho at the coming into operation
of this Part shall have a mui tsai in his employrnent in the
Colony shall register such mui tsai in the prescribed manner.
within six months after the coming into operation of this Part,
(2) Every person who shall at any time have in his
employment in the Colony a mui tsai who shall have been
brought into the Colony after the coming into operation of
this Part shall register such mui tsai in the prescribed manner
within two weeks after the arrival of such mni tsai in the
Colony.
(3) It shall be lawful for the Secretary for Chinese Affairs
in his absolute discretion to refuse to register any particlar
mui tsai and to remove any particular mui tsal from 1he
register.
14. Subject to the period allowed for registration, and
subject to the provisions of section 9, nb person shall have
in his employment an unregistered mui tsai.

15. Subject to the period allowed for registration, and
subject to the provisions of section 9, no person shall have
in his employment any female domestic servant under the
age of ten years unless such servant is a registered mui
tsai.

As amended by Law Rev. Ord., 1924.



16. Every mui tsal of or over the age of ten years shall
be entitled to such wages for her services as shall be
prescribed.

17. This Part shall not come into Operation until such
date as may be fixed by proclamation of the Governor in
Council.

PART IV.

18. Subject to the provisions of section 7 (2), every person
who contravenes or fails to comply with any of the provisions
of this Ordinance or of any regulation made thereunder shall
npoil summary conviction be liable to a fine not exceeding
two hundred and fifty dollars.

19. No prosecution under this Ordinance shall be coin-
menced without the consent of the Secretary for Chinese
Affairs.
[Originally No. 1 of 1923. Law Rev. Ord., 1924.] Short title. Declaratory clause. Interpretation. No mui tsai to be engaged hereafter. No female domestic servant under ten to be engaged hereafter. Treatment of mui tsai. Procedure in case of ill--treatment. Penalty for gross cruelty. Application of Ordinance Nos. 2 of 1865 and 4 of 1897 to mui tsai. No mui tsai to be transferred hereafter from one employer to another except on death of the former employer. Restoration to parent or guardian. Right to apply to the Secretary for Chinese Affairs. Regulations. Registration. No person to have an unregistered mui tsai in his employment. No person to have in his employment any female domestic servant under ten, except a registered mui tsai. Remuneration of mui tsai. Coming into operation of Part III. General penalty. Consent.

[Originally No. 1 of 1923. Law Rev. Ord., 1924.] Short title. Declaratory clause. Interpretation. No mui tsai to be engaged hereafter. No female domestic servant under ten to be engaged hereafter. Treatment of mui tsai. Procedure in case of ill--treatment. Penalty for gross cruelty. Application of Ordinance Nos. 2 of 1865 and 4 of 1897 to mui tsai. No mui tsai to be transferred hereafter from one employer to another except on death of the former employer. Restoration to parent or guardian. Right to apply to the Secretary for Chinese Affairs. Regulations. Registration. No person to have an unregistered mui tsai in his employment. No person to have in his employment any female domestic servant under ten, except a registered mui tsai. Remuneration of mui tsai. Coming into operation of Part III. General penalty. Consent.

https://oelawhk.lib.hku.hk/items/show/1357

1923

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No. 1 of 1923

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