A Human Rights Campaign? The Campaign to Abolish Child Slavery in Hong Kong 1919–1938

Abstract

This article re-examines the, well documented, campaign that took place, in the nineteen twenties and thirties, to eliminate the Chinese custom of keeping mui tsai in the British Crown colony of Hong Kong. Mui tsai were girls sold by their parents, to another family, to work as domestic servants. The girl was not paid wages, but the new family agreed to provide for all her needs. A suitable marriage was to be arranged when she became an adult. Many Chinese saw it as a philanthropic tradition but campaigners in the United Kingdom and Hong Kong viewed it as a form of child slavery. This study builds on the work of earlier scholars, but seeks to offer a different perspective, which focuses on the use of the emerging discourse of human rights. It argues that the tactics and ideology of the anti mui tsai activists exhibit many of the characteristics of a human rights campaign. This includes the attempt to use the emerging international law on slavery and child welfare, and the use of the committees of the League of Nations to hold governments to account. The activists engaged in human rights lobbying, and created trans-national networks where Hong Kong organisations worked with British groups, interested individuals and politicians to end the practice. The anti-mui tsai campaign illustrates many of the problems of using a human right methodology to challenge an allegedly oppressive cultural practice. It therefore provides an interesting lens through which to view the practical and theoretical problems of human rights.

Harriet Samuels is Senior Lecturer in Law at the University of Westminster.

Notes

1. For a rare personal account see Miers (2003a) and Lim (2004).

2. Pedersen describes maternalism as “… [A] framework for action whereby educated and usually well-to-do women, drawing equally on their faith in woman's superior motherly capacities and in a long experience of single-sex philanthropic and political work, sought to represent and protect those women and children who were presumed to be less fortunate or more vulnerable” (Pedersen 2001: 165).

3. However, she does argue that “[S]ome Western Feminist groups and individuals articulated a different feminism, more internationalist and racially aware” (Paddle 2003: para. 2).

4. Extract of a letter from the Rev. Dr. R.F. Horton giving his apologies to the Haslewoods. He was unable to attend a luncheon hosted by the Anti-Slavery Society held to congratulate them on their efforts to end the mui tsai system in Hong Kong. See “Child Slavery in Hong Kong” (Anti Slavery Reporter and Aborigines' Friend 1922: 68).

5. For a discussion of slavery in China, see Watson (1980).

6. Colonial Office Records/Notes, Public Records Office, Kew, London. Hereafter CO.

7. For a brief discussion of the proclamation and its impact see Miners (1998: 60).

8. For example at a conference, organized by the Anti-Slavery Society at Caxton Hall on February 15, 1922, on the mui tsai,the following societies were present: National Vigilance Association, National Council of Evangelical Free Churches, National Council of Public Morals, National Sunday School Union, Women's Freedom League, National Women's Citizens' Associations, National Council of Women of Great Britain and Ireland, League of the Church Militant (Anglican), Association for Moral and Social Hygiene, Women's League, London Congregational Union, White Cross League, Young Women's Christian Association, Catholic Women's Suffrage Society, National British Women's Temperance Association, Salvation Army, Church of England Men's Society, International Women's Suffrage Alliance, East Sussex Federation of Women's Institutes, National Union of Societies for Equal Citizenship, and the Mother's Union. See (1922) April, Anti Slavery Reporter and Aborigines' Friend: 3–11.

9. There was a continual dispute over the exact number of mui tsai in Hong Kong. It was estimated by some that there were at least ten thousand mui tsai and a large number were not registered.

10. For the background and history of the various League of Nations slavery committees see Miers (2003b).

11. For the development of the international law on slavery see Rassam (1999).

12. The reasons for the abolition of slavery and the slave trade are contested. For an account that stresses the humanitarian motives behind abolition see Coupland (1964). For a critique of this perspective and a focus on the economic aspects of the antislavery movement see Williams (1964).

13. The term nongovernment organization (NGO) was not in general use in the 1920s and 1930s. The term became popular after 1945. This was because Article 71 of the United Nations Charter refers to NGOs. Article 71 states “The Economic and Social Council may make suitable arrangements for consultation with non-governmental organizations which are concerned with matters within its competence.” For further discussion see Steiner and Alston 2000, especially pp. 938–983.

14. Article 23 stated “Subject to and in accordance with the provisions of international conventions existing or hereafter to be agreed upon, the Members of the League: (a) will endeavour to secure and maintain fair and humane conditions of labour for men, women and children, both in their own countries and in all countries to which their commercial and industrial relations extend, and for that purpose will establish and maintain the necessary international organisations… …. (c) will entrust the league with the general supervision over the execution of agreements with regard to the traffic in women and children, and the traffic in Opium and other dangerous drugs.”

15. Article 22 stated that “… the Mandatory must be responsible for the administration of the territory under conditions which will guarantee … the prohibition of abuses such as the slave trade….”

16. See Hudson, 1938, especially pp. 249–263. Advisory Committees were created to carry out Article 23. So an Advisory Committee on the Traffic on Women and Children was established. It was divided into two committees, one dealing with trafficking and the other with all international aspects of child welfare.

17. For a discussion of the United Nations treaty bodies see Alston and Crawford (2000).

18. See for example “League of Nations: Freeing the Slaves” (1927) The Anti Slavery Reporter and Aborigines' Friend,: 105 and (1934) The Anti Slavery Reporter and Aborigines' Friend: 40, (1935) The Anti Slavery Reporter and Aborigines' Friend: 58, (1935) The Anti Slavery Reporter and Aborigines' Friend: 102.

19. The Slavery Convention 1926 was later expanded by the Supplementary Convention on the Abolition of Slavery, The Slave Trade, and Institutions and Practices Similar to Slavery of 1956.

20. The Committee decided that the mui tsai question should be placed on its agenda as a child-welfare issue “… but without prejudice to the competence of other League bodies interested in the question, especially the Advisory Committee of Experts on Slavery for cases of abuse….” Advisory Committee on Social Questions: Report of the Work of the Committee in 1939, at p.14.

21. The commission visited approximately seventeen jurisdictions including China, Macau, the Philippines, the Federated Malay States, and Japan. (League of Nations, Commission of Enquiry into Traffic in Women and Children in the East, Report to the Council, 1932.)

22. This part of the report states which trafficking conventions the United Kingdom has acceded to on behalf of Hong Kong. (League of Nations, Commission of Enquiry into Traffic in Women and Children in the East, Report to the Council, 1932, p. 168.)

23. These customary practices were ended by the following pieces of legislation. See s5 Marriage Reform Ordinance Cap. 178, 1971 and the New Territories Land (Exemption) Ordinance, Cap. 452, 1994.