But what were the rights of real and pseudo-concubines? Could they and
their children be discarded without support? To what extent might they
challenge the rights of the real wife? The 1948 Committee produced no
definitive answers to these questions, nor did it urge any precipitate
action to change the status of concubines. It did recommend that after a
certain date, the taking of new concubines be declared illegal.
Sir Man Kam Lo, a Chinese member of the Hong Kong Executive Council,
subsequently wrote a dissent to the 1948 report, saying that he believed
the concubine should be allowed to remain in cases where the principal
wife was ill or unable to bear children. As he noted, the birth of a male
heir is of the greatest importance to the succession of a Chinese family.
Very few families, he felt, would regard an adopted son as a suitable
heir.
Arthur Ridehalgh, former Attorney General, and John C. McDouall,
Secretary for Chinese Affairs, made a detailed study of Chinese
marriages in the colony in 1960 and submitted a variety of
recommendations intended to clear up some of the ambiguities and
contradictions.
It was their proposal that the government set a definite date for
outlawing Chinese Modern Marriages and to validate all marriages of this
type which had been previously contracted as monogamous unions, provided
that neither spouse was lawfully married to anyone else. The so-called
concubines of husbands who had been parties to a Chinese Modern Marriage
would receive no further legal recognition, and in fact they had never
been entitled to any.
Regarding Chinese Customary Marriages, the study favored the recording
of these marriages to establish their validity, and the banning of all
future marriages in which either partner is under sixteen years of age.
As to Reputed Marriages, the study advocated remarriage of the couples
under colony law with the right to back-date the marriage to the time
they had begun to live together.
The Ridehalgh-McDouall report also favored several changes in the
divorce laws. One change would permit a principal wife in a Chinese
Customary Marriage to get a divorce with maintenance until her death
or remarriage if the husband, after a date to be set by law, acquired
a concubine without the principal wife’s consent or knowledge. Another
recommendation, after a date set by law, would bar divorce in a Chinese
Customary Marriage without the free consent of both parties.
Public-domain text, read in full here on John Shaqi.
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