FEMALE DOMESTIC SERVICE ORDINANCE, 1923

FEMALE DOMESTIC SERVICE ORDINANCE, 1923

1923.

No. 1 of 1923.

An Ordinance to regulate certain 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 purporting 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 under the age of eighteen
years whose employer for the time being has 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 under the age of eighteen
years whose employer for the time being has, within or without
the Colony, acquired the custody, possession or control of such
female from, or upon the death of, any- forifier employer who
made any such payment as aforesaid;

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

As axnended by Law Rev. Ord., 1939, Supp. Sched.





PART II

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

5. No person shall hereafter bring or cause to be brought
any mui tsai into the Colony unless such mui tsai has previously
been in the Colony and has been registered under this Ordinance.

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

7.-(1) No employer of a mui, tsai shall over-work or
ill-treat such mui tsai, or subject such mui. tsai to any punish-
ment to which such employer might not reasonably- subject
his own daughter.

(2) Every employer of a mui tsai shall provide such mui
tsai with sufficient food and clothing. of a reasonable kind, and
in case of ilIness with such medical attendance as such
employer might reasonably have been expected to provide for
his own daughter.

8.-(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, subject to the provisions of Section 9, to make
any order which he may think fit regarding the transfer of such
mui tsai to a new employer.
(2) Every person who becomes the actual employer of a
rnui 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 has become the
actual employer of such mui tsai.

9. Any mui tsai who wishes to be restored to the custody
of her parent or 'natural guardian, and any mui tsai whose

As amended by No. 22 of 1929 [1.11.29].
As amended by Law Rev. Ord., 1939, Supp . Sched.





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
sees some grave objection in the interest of such mui tsai to such
restoration.

10. 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) ;subject to the provisions of section 9, to make any order
which he may think fit regarding the custody, control, employ-
ment and conditions of employment of the applicant.

PART III..

11. it. shall be lawful for tile Governor in Council to
make regulations for,the following purposes-

(a) the registration of mui tsai and the keeping of such
registers up to -date; -

(b) the remuneration of mtii 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.

12. (1) The Secretary for Chinese Affairs shall keep a
register of mui tsai employed in the Colony on the 1st day of
December, 1929, and registered within six months thereafter.

(2) No person shall without lawful authority or excuse have

in his employrnent, custody or control any unregistered mui tsai.

(3) It shall be lawful for the Secretary for Chinese Affairs
in his absolute discretion to refuse to. register any particular
mui tsai and to remove any, particular mui tsai from the register.

13. Subject to the period allowed for registration and subject
to the provisions of section 8, no person shall have in his
employment an unregistered mui tsal.

As amended. hy No. 22 of 1929 [1.11.29].
As amended by Law Rev. Ord., 1939, Supp. Sched.
Part, III came into operation on 1.12.1929 [Proc. 2 of 1929].





14. Subject to the period allowed for registration anc
subject to the provisions of section 8, no person shall have in
his employment any female domestic servant under t he age o
twelve years unless such servant is a registered mui tsai.

,15. Every mui tsai shall be entitled to such wages for her
services as shall' be prescribed.

PART IV.

16.-(1) Subject to the provisions of sub-section (2), every
person who contravenes any of the provisions of section 7 shall
upon summary conviction be liable to a fine not exceeding five
hundred dollars and to imprisonment for any term not exceeding
six months.

(2) In every prosecution under section 7 the magisirate
shall find whether the acts or omissions proved, if any, amounted
to gross cruelty, and if in his opinion they amounted to gross
cruelty the offender shall not be given the option of paying a
fine but shall be sentenced to imprisonment for any term not
exceeding one year.

(3) Every person who contravenes any of the provisions of
this Ordinance other than those of section 7, and every, person
who contravenes any regulation made under this Ordinance,
shall upon summary conviction be liable to a fine not exceeding
two hundred and fifty dollars and to imprisonment for any term
not exceeding six months.

17. No prosecution under this Ordinance ' shall be com-
menced without the consent of the Secretary for Chinese Affairs.

18. In any prosecution under section 7 it shall be lawful for
the magistrate to convict of common assault if he finds that an
assault was committed but does not findthat the girl in question
was a mui tsai.

As amended by No. 22 of 1929 [1.11.29].
As amended by No. 23 of 1936 [29.5.36.].
As amended by Law Rev. Ord., 1939, Supp. Sched.





19. In every prosecution under this Ordinance it shall until
the contrary is proved be presumed that the girl in question was
a mui tsai in the employment of the accused at the time of the
alleged offence, and this onus shall not be deemed to be
discharged by mere proof that the girl was described in any
transaction by some term other than mui tsai.

20. In every prosecution under this Ordinance, whether
evidence be called 'on the question of age or not, any girl who
appears to-the magistrate to be of or under or over any particular
age shall, unless the contrary is proved, be deemed for the
purposes of such prosecution to be of or under or over such age
as the case. may be.

21. Nothing in this Ordinance shall affect any right of
guardianship already vested in the Secretary for Chinese
Affairs by virtue of the provisions of the Protection of Women
and Girls Ordinance, 1897, or hereafter vested in him by virtue
of the provisions of the Protection of Women and Girls
Ordinance, 1897: Provided that in exercising any such right of
guardianship the Secretary for Chinese Affairs shall comply with
the provisions of section 9 of this Ordinance.

22.-(1) In any proceedings whatsoever, whether under this
Ordinance or not, the following shall be admissible in evidence
upon production-

(a) 'any register, or any part of any register, which appears
to be kept under this Ordinance ;

(b) any extract from any such register purporting to be
certified as correct by the Secretary for Chinese Affairs or
Assistant to the Secretary for Chinese Affairs;
(c) any photograph or finger prints which appear to have
been taken for the purpose of any such register.

(2) If any such photograph appears to have a serial number
and if the said serial number occurs in some part of any such
register as apparently assigned to some patticular mui tsai, it
shall, until the contrary is proved, be assumed that the photo-
graph in question is the photograph of the mui tsai indicated by
the said serial number.

As amended by No. 22 of 1929 [1.11.29].
As antended by Law Rev. Ord., 1939, Supp. Sched.

(3) If any such finger prints appear to have a serial number
and if the said serial number appears in some part -of any such
register as apparently assigned to some particular mui tsai, it

shall, until the contrary is proved, be assumed that the finger
prints in question are the finger prints of the mui tsai indicated
by the said serial number.
[Originally No. 1 of 1923. No. 22 of 1929. No. 23 of 1936. Law Rev. Ord., 1939.] Short title. Declaratory clause. Interpretation. No mui tsai to be engaged hereafter. No unregistered mui tsai to be brought into the Colony. No female. Domestic servant under twelve to be engaged hereafter. Treatment of mui tsai. No mui tsai to be transferred hereafter from on e employer to another except on death of the former empoyer.* Restoration to parent or guardian. [cf. No. 4 of 1987, s. 32 (3).] 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 twelve, except a rgistered mui tsai. General penalty. Consent. Procedure. Onus. Age. Saving. Ordinance No. 4 of 1897. Admissibility of register, etc.

[Originally No. 1 of 1923. No. 22 of 1929. No. 23 of 1936. Law Rev. Ord., 1939.] Short title. Declaratory clause. Interpretation. No mui tsai to be engaged hereafter. No unregistered mui tsai to be brought into the Colony. No female. Domestic servant under twelve to be engaged hereafter. Treatment of mui tsai. No mui tsai to be transferred hereafter from on e employer to another except on death of the former empoyer.* Restoration to parent or guardian. [cf. No. 4 of 1987, s. 32 (3).] 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 twelve, except a rgistered mui tsai. General penalty. Consent. Procedure. Onus. Age. Saving. Ordinance No. 4 of 1897. Admissibility of register, etc.

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