PROTECTION OF WOMEN AND GIRLS ORDINANCE, 1897

PROTECTION OF WOMEN AND GIRLS ORDINANCE, 1897

no. 4 of 1897
an ordinance to consolidate and amend the laws relating
to the protection of women and girls. [10th June, 1897]

1. this ordinance may be cited as the protection of
women and girls ordinance, 1897.

2. in this ordinance,
(a) brothel means a house, room, junk, boat, or other
place occupied, frequented, or used by any two or more
females for the purpose of prostitution.

(b) keeper includes any person having or apearing
to have the management or control of the premises in
question.

(c) occupier of premises means the person in actual
occupation of any premises.

(d) owner of premises means the person for the time
being receiving the rent or a consideration for the use of
premises, whether on his own account or as agent or trustee
for any other person, or who would receive the same if such
place were let to a tenant.

part I

offences, etc.

3. every person who
(1) takes part in bringing into or taking away from the
colony, by force, intimidation, or fraud, any woman or girl
fodr the purpose of prostitution either within or without the
colony; or

(2) takes part in bringing, taking, decoying, or enticing
any woman or girl into or away from the colony, with intent
to sell, pledge, let out to hire, purchase, take in pledge, take
on hire, of otherwise dispose of such woman or girl, for the
purpose of prostitution either within or iwthout the colony;
or

as amended by law rev. ord, 1923 see also no. 14 of 1906, s. 5 and no. 1 of
1923 s. 8

as amended by law rev. ord., 1923





(3) takes part in bringing, taking, decoying, or enticing
any woman or girl into or away from the colony, for the
purpose of prostitution either within or without the colony,
knowing that such woman or girl has been sold, pledged, let
out to hire, purchased, taken in pledge, or taken on hire: or

(4) takes part in selling pledging, letting out to hire,
purchasing, taking in pledge, taking on hire, or otherwise
disposing of any woman or girl, for the purpose of prostitu-
tion either within or without the colony; or

(5) knowingly derives any profit from the sale, pledge, hire,
purchase, taking inpledge, taking on hire, or other disposal
of any woman or girl who has been sold, pledged, let out to
hire, purchased, taken in pledge, taken on hire, or otherwise
disposed of fodr the purpose of prostitution either within or
without the colony.

shall be guilty of a misdemeanor;

provided that, in any prosecution under paragraph (3),
where it is proved, to the satisfaction of the jury or of the
magistrate, as the case may be, that the woman or girl had,
in fact, been sold, pledged, let out to hire, purchased, taken
in pledge, or taken on hire, knowledge thereof by the
accused shall be presumed, unless he satisfies such jury or
magistrate that he had not such knowledge.

4 (1) every person who

(a) procures or attempts to procure any female under
twenty-one years of age, not being a common prostitute or
of known immoral character, to have unlawful earnal
connexion, either within or without the colony, with any
other person; or

(b) procures or attempts to procure any woman or girl
to become, either within or without the colony, a common
prostitute; or

(c) procures or attempts to procure any woman or girl to
leave the colony, with intent that she may become an
inmate of a brothel elsewhere; or

as amended by no. 9 of 1914. no. 12 of 1917 and law rev. ord. 1923.





(d) procures or attempts to procure any woman or girl to
leave her usual place of abode in the colony, (such place not
being a brothel), with intent that she may, for the purpose
of prostitution, become an inmate of a brothel within or
without the colony.

shall be guilty of a misdemeanor.

(2) no person shall be convicted of an offence under any
of paragraphs (b), (c) and (d), of sub-section (1) on the
evidence of one witness only, unless such witness is cor-
roborated in some material particular by evidence implicating
the acused.

5. every person who carnally knows or attempts to have
carnal knowledge of any unmarried girl, being of or above
the age to twelve years and under the age of sixteen years,
shall be guilty of a misdemeanor; provided that, where
both parties are asiaties, a girl shall not be deemed
unmarried within the meaning of this ordinance if she is
duly married according to the laws and customs of the
native country of the girl; provided, also, that it shall be a
sufficient defence to any charge under this section if it is
made to apperar to the court or jury before whom the charge
is brought that the person so charged had reasonable cause
to believe that the girl was of or above the age of sixteen
years; provided, also, that no porsecution shlal be com-
menced for an offence under this section more than three
months after the commission of the offence.

6.(1) every person who carnally knows any girl under
the age of twelve years, whether he is married to her or not,
shall be guilty of felony, and shall be liable to imprisonment
for life.

(2) every person who attempts to have carnal knowledge
of any girl under the age of twelve years, whether he is
married to her or not, shall be guilty of a misdemeanor.

7.(1) every person who commits an idecent assault
upon any female shall be guilty of a misdemeanor.

(2) it shall be no defence to a charge or indictment
for an indecent assault upon a girl under the age of
thirteen years to prove that she consented to the act of
indecency.







(3) where upon the hearing of a charge under sections 6
or 7 the girl in respect of whom the offence is charged to
have been committed (or any other child under the age of
seven years) who is tendered as a withness does not in the
opinion of the court of magistrate understand the nature of
an oath, the evidence may be received though not given on
possessed of sufficient intelligence to justify the reception of
teh evidence and understands the duty of speaking the truth;
provided that no person shall be liable to be convicted of the
offence chcarged under the said sections unless the evidence
admitted by virtue of this sub-section be corroborated by
some other material evidence in support thereof implicating
the accused; porvided also that any witness whose evidence
has been admitted under this sub-section shall be liable to
punishment for perjury in all respects as if such witness had
been sworn.

8.(1) every person who detains any woman or girl
against hner will

(a) in or upon any premises with intent that she may be
unlawfully and carnally known by any man, whether any
particular man or generally; or

(b) in or upon any premises for an immoral purpose or for
the purpose of emigration; or

(c) in any brothel,

shall be guilty, of a misdemeanor.

(2) for the purposes of this section, a person shall be
deemed to detain such woman or girl in or upon such
premises or in such brothel, not only where force, intimida-
tion, or fraud is used, but also if, with intent to compel or
induce her to remain in or upon sch premises or in such
brothel, such person withholds from such woman or girl any
wearing apparel or other property belonging to her, or,
where waring apparel has been lent or otherwise supplied
to such woman or girl by or by the direction of such person,
such person threatens such woman or girl with legal
proceedings if sha takes away with her the wearing apparel
so lent or supplied.





(3) no legal proceedings, whether civil or criminal, shall
be taken against any such woman or girl for taking away or
being found in possession of any such wearing apparel as
was necessary to enable her to leave such premises or brothel.

9.(1) every person who

(a) by threats, intimidation, false pretences, false repre-
sentations, or other fraudulent means, procures or attempts to
procure any woman or girl to have unlawful carnal connexion
either within or without the colony; or

(b) applies, administers to, or causes to be taken by any
woman or girl any drug, matter, or thing, with intent to
stupefy or overpower so as thereby to enable any person to
have unlawful carnal connexion with such woman or girl,
shall be guilty of a misdemeanor.

(2) no person shall be convicted of an offence under this
section on the evidence of one witness only, unless such
witness is corroborated in some material particular by
evidence implicating the accused.

10. every person who unlawfully and carnally knows, or
attmpts to have unlawful carnal knowledge of, any female
idiot or imbecile woman or girl, in circumstances which
do not amount to rape, but which prove that the offender
knew, at the time of the commission of the offence, that the
woman or girl was an idiot or imbecile, shall be guilty of a
misdemeanor.

11. every person who, being the owner or occupier of any
premises or having, or acting or assisting in, the manage-
ment or control thereof, induces or knowingly suffers any
girl of such age as is mentioned in this section to resort
to or be in or upon such premises for the purpose of being
unlawfully and carnally known by any man whether such
carnal knowledge is intended to be with any particular man
or generally, shall,

(1) if such girl is of or aove the age of twelve years and
under the age of sixteen years, be guilty of a misdemeanor;
and,

(2) if such girl is under the age of twelve years, be guilty
of felony, and shall be liable to imprisonment for life.




provided that it shall be a sufficient defence to any charge
made under this section if it is made to appear to the court
or jury before whom the charge is brought that the person
so charged had reasonable cause to believe that the girl was
of or above the age of sixteen years.

12. (1) every person who, being the occupier or keeper
of any brothel, permits any woman suffering from any
contagious disease to be or remain in such brothel for the
purpose of prostitution shall be guilty of an offence, and
shall, on conviction before the supreme court or a magistrate,
be liable to a fine not exceeding five hundred dollars, and to
imprisonment for any term not exceeding one year.

(2) in any prosecution under this section, it shall not be
necessary for the prosecution to prove that such occupier or
keeper as aforesaid knew that the woman was suffering from
a contagious disease, but such knowledge shall be presumed,
unless such occupier or keeper satisfies the court or magistrate
that he had not such knowledge.

(3) in any proceedings under this section, proof that any
woman in such brothel is or was suffering from venereal
disease shall be deemed sufficient evidence, until the contrary
is proved, that she is or was in such brothel for the purpose
of prostitution.

12A. (1) on complaint made before a magistrate by
three or more householders that a house in their immedite
neighbourhood is used as a lodging-house for prostitutes or
disoderly persons or as a borthel, to the annoyance of the
respectable inhabitants of the vicinity, it shall be lawful for the
magistrate to issue a summons to the owner or tenant of the
house whereof complaint is made, and. on the hearing of the
complaint, if the magistrate is satisfied that the house is used
in the manner complained of and is a source of annoyance
or offence to the neighbours, he may order the owner or
tenant to discontinue such use of it.

(2)every owner or tenant who fails to comply with such
order within such time as may be fixed hereby, shall be
liable to a fine not exceeding fifteen dollars for every day
that the house is so used after the time fixed by the order.

(3) the provisions of this section shall be without prejudice
to any other proceedings or remedies, civil or criminal, which
may be taken in respect of the matters aforesaid.


as amended by law am ord., 1923..





13.-(1)on complaint made before a magistrate by the
captain superintendent of police or by the secretary fodr
Chinese Affairs that any house or portion thereof is used as
a-lodging-house for prostitutes or disorderly persons or as a
brothel, it shall be lawful for the magistrate to issue a
summons to the occupier or keeper of the house or portion
thereof of which complaint is made, or he may issue a
warrant, for the arrest of such ocenpier or keeper; and, on
the hearing of the case, if the magistrate is satisfied that the
house or some portion thereof is used in - the manner complained
of he shall order the occupier or keeper of discontinue such
use of it; and if such order is not complied with within such
time not exceeding one week as the magistrate may by his
order direct, the magistrate shall impose upon such occupier
or keeper a fine not exceeding fifty dollars for every day that
the house or any portion thereof may be so used after the
time directed by the order.

(2) every occupier or keoper of a house or portion thereof
which is used in the manner aforesaid shall be liable for the
first offence of stich use to a fine not exceeding one hundred
dollars and to imprisonment for any term not exceeding three
months : for the second offence to a fine not exceeding two
hundred dollars and to imprisonment for any term notoexceed-
ing six months : and for a third or any subsequent offence to
a fine not exceeding five hundred dollars and to imprisonment
for any term not exceeding twelve months.

14. After the use of any premises as a lodging-house for
prostitutes or disorderly persons or as a brothel has been
discontinued under the provisions of section 12 or section 13,
the immediate landlord or, if such landlord is absent from
the Colony or under any disability, his attorney or agent, or
if a corporation is the immediate landlord, the secretary or
manager thereof, shall, if such premises are found to be
again in use as a lodging-house for prostitutes or disorderly
persons or as a brothel, be liable upon summary conviction
to a fine not exceeding five hundred dollars and, in, default
of payment, to imprisonment for any term not exceeding one
year: Provided, nevertheless, that if such landlord, or
attorney or agent, or secretary or manager, either makes such
complaint to a inagistrate as is mentioned in section 15
As amended by Lasy Rev. Ord., 1923, and Law Am. Ord., 1923.
As arnended by Law Rev, Ord., 1923.




within such time as he considers reasonable, or else proves
to the satisfaction of the magistrate, that neither he nor the
person employed by him or on his behalf to collect the rent
of such premises knew or had reasonable means of knowing
that such premises were being so used as aforesaid, then the
magistrate shall not convict.

15. on complaint made to a magistrate by such landlord,
or attorney or agent, or secretary or manager as is mentioned
in section 14 to the effect that any premises, the use of which
as a lodging-house for prostitutes or disorderly persons or as
a brothel has been discontinued under the provisions of
section 12A or 13 are again in use as a lodging-house for
prostitutes or disorderly persons or as a brothel, the
magistrate may make an order (which shall be recognised and
given effect to in any proceeding in any court) absolutely
putting an end to any existing tenancy of such premises as
from the date of such order, and thereupon such tenancy
shall absolutely cease and determine for all purposes, and
any occupier or tenant of such premises may thereafter be
treated as a treaspasser.

16. any european officer of police, not being below the
rank of sergeant, who is authorised generally in writing for
that purpose by the captian superintendent of police, and
any person who is authorised generally in writing for that
purpose by the secretary for chinese affairs may at all
times, without notice, enter and demand to see and inter-
rogate nay or all the inmates of any place on land or water
which he may have reason to believe is used as a lodging-
house for prostitutes or disorderly persons or as a brothel or
in ocnnexion with which he may have reason to believe that
an offence has been committed under this ordinance.

17.(1) every male person who
(a) knowingly lives wholly or in part on the earnings of
prostitution; or,
(b) in any public place, persistently solicits or importunes
for immoral purposes,
shall be liable to imprisonment for any term not exceeding
three months.

as amended by law rev. ord., 1924
as amended by no. 9 of 1914






(2) if it is made to appear to a magistrate, by informaton
upon oath, that there is reason to suspect thst any house or
any part of a house is used by a female for the purposes of
prostitution and that any male person residing in or frequent-
ing the house is living wholly or in part on the earnings of
such prostitute, the magistrate may issue a warrant authoris-
ing any police officer to enter and search the house and to
arrest such male person.

(3) when a male person is proved to live with or to be
habitually in the company of a prostitute or is proved to
have exercised control, direction or influence over the
movements of a prostitute in such a manner as to show that
he is aiding, abetting, or compelling her prostitution with
any other person or generally, he shall, unless he can satisfy
the court to the contrary, be deemed to be knowingly living
on the earnings of prostitution.

(1) every female who is proved to have, for the purposes
of gain, exercised control, direction or influence over the
movements of a prostitute in such a manner as to show that
she is aiding, abetting or compellting her prostitution with
any person, or generally, shall be liable to imprisonment for
any term not exceeding three months,

18.(1) every person shall be guilty of a misdemeanor
who without lawful authority or excuse

(a) receives or habours any woman or girl who has been
brought into or is about to be taken away from the colony
by force, intimdiation or fraud; or

(b) receives or harbours any unmarried girl under the age
of twenty-one years without the ocnsent of the person having
the lawful care or charge of her.

(2) when any person accused under paragraph (b) of
sub-section (1) is proved to have received or harboured any
female who appears to the magistrate to be under the age of
twenty-one years, it shall, until the ocntrary is proved, be
presumed (a) that the female was an unmarried girl, and
was under the age of twenty-one years, at the date of the
alleged offence, and (b) that the accused received or
harboured her without the consent of the person having the
lawful care or charge of her.

as amended by no. 12 of 1917, no. 12 of 1920 and law rev. ord., 1924.







(3) no prosecution under this section shall be instituted
without the consent of the secretary for chinese affairs;
provided that the consent of the secretary for chinese
affairs shall not be necessary for the arrest of any person
suspected of having committed an offence under this section.

19. every person who

(1) receives or harbours any girl under the age of sixteen
years, knowing that she has been procured for the purpose
of having unlawful carnal connexion with any other person,
and with intent to aid such purpose; or

(2) receives or harbours any woman or girl, knowing that
she has been sold, pledged, let out to hire, purchased, or
otherwise disposed of, either within or without the colony,
for the purpose of prostitution, and with intent to aid such
purpose; or

(3) receives or harbours any woman or girl with intent
that she shall be sold, pledged, let out to hire, purchased,
taken in pledge, taken on hire or otherwise disposed of for
the purpose of prostitution either within or without the
colony;

shall be guilty of a misdemeanor.

20. every person who by force, intimdiation, or any
fraudulent means, brings, takes, decoys, or entices any woman
or girl into or away from the colony for the purpose of
emigration shall be guilty of a misdemeanor.

21.(1) every person who commits the crime of rape
shall be guilty of felony, and shall be liable to imprisonment
for life.

(2) every man who induces a married woman to permit
him to have carnal connexion with her by personating her
husband shall be deemed to be guilty of rape.

(3) if upon the trial of any indictment for rape, or for any
offence made felony by sectio 6, the magistrate or the jury,
as the case may be, shall be satisfied that the defendant is
guilty of an offence under sections 5, 6, 9, or 10, or of an
indecent assault, but is not satisfied that the defendant is
guilty of the felony charged in such indictment , or of an

as amended by no. 12 of 1917.






attempt to commit the same, then and in every such case the
magistrate or the jury, as the case may be, may acquit
the defendant of such felony, and find him guilty of an
offence as aforesaid or of an indecent assault, and there-
upon such defendant shall be liable to be punished in the
same manner as if he had been convicted upon an indictment
for such offence as aforesaid, or for an indecent assault.

22. When any woman of any age has any interest, whether
legal or equitable, present or future, absolute, conditional,
or contingent, in any real or personal estate, or is a pre-
sumptive heiress or co-heiress or presumptive next of kin, or
one of the presumptive next of kin, to anyone having such
interest, every person who, from motives of lucre, takes
away or detains such woman against her will, with intent
to marry or carnally know her or to cause her to be
married or carnally known by any other person, shall be
guilty of felony, and shall be liable to imprisonment for any
term not exceeding fourteen years.

23. every person who fraudulentyl allures, takes away
or detains any such woman as is mentioned in section 22,
being under the age of twenty-one years, out of the posses-
sion and against the will of her father or mother or of any
other person having the lawful care or charge of her, with
intent to marry or carnally know her or to cause her to be
married or carnally known by any other person, shall be
guilty of felony, and shall be liable to imprisonment for any
term not exceedinging fourteen years.,

24. every person who is convicted of any offence against
section 22 or section 23, shall be incapable of taking any
estate or interest, legal or equitable, in any real or personal
estate of such woman, or in which she has any such interest,
or which comes to her as such heiress, co-heiress, or next of
kin as aforesaid; and , if any such marriage as aforesaid has
taken place, such property shall, on such conviction, be
settled in such manner as the supreme court may, on any
information at the suit of the attorney general, appoint.

25. every person who by force takes away or detains
against her will any woman of any age, with intent to marry
or carnally know her or to cause her to be married or
carnally known by any other person, shall be guilty of felony,

as amended by law rev. ord., 1924







and shall be liable to imprisonment for any term not exceed-
ing fourteen years.

26. every person who unlawfully takes or causes to be
taken any unmarried girl, being under the age of twenty-one
years, out of the possession and against the will of her father
or mother or of any other person having the lawful care or
charge of her shall be guilty of a misdemeanor.

27. when a person is charged with an offence under this
ordinance, or under section 26 or section 45 of the offences
against the person ordinance, 1865, in respect of a girl or
child who is alleged in the charge or indictment to be under
any specified age, and such girl or child appears to the
presiding magistrate or judge to be under that age, such girl
or child shall, for the purposes of the enactment under which
the charge or indictment is brought, be deemed to be under
that age, unless the contrary is proved.

[s. 28, rep. no. 1 of 1912]

29. no summary conviction under this ordinance shall be
quashed for want of form or be removed by certiorari, and
no warrant of commitment shall be held void by reason of
any defect therein, provided it is therein alleged that the
party has been convicted and there is a good and valid
conviction to sustain the same.

30. every person who is convicted of any misdemeanor
under this ordinance shall be liable to imprisonment for any
term not exceeding two years: provided always that if the
case is determined by a single magistrate instead of being,
in his discretion, sent for trial, he shall not impose a heavier
sentence than one year's imprisonment, and that where there
appears a necessity for a heavier sentence, the case shall be
committed for trial at the supreme court.

31.(1) whenever any person is convicted either sum-
marily or before the supreme court of any offence against
the provisions of section 4 or section 7 it shall be lawful for
the magistrate or court to direct that, in addition to the
punishment hereinbefore presecribed, the offender, if a male,
be flogged.



As amended by No. 12 of 1917.
As amended by No. 9 of 1914.




(2) whenever any person is convicted of any offence against
the provisions of sections 3, 5, 6, 8, 9, 10, 11, 17, 18, 19 or
20, if it is proved that the offender has been previously
convicted either summarily or before the supreme court of
an offence against the provisions of the same or any other or
thee said sections it shall be lawful for the magistrate or court
to direct that, in addition to the punishment hereinbefore
prsecribed, the offender, if a male, be flogged.

PART II
POWERS OF SECRETARY FOR CHINESE AFFAIRS.

32. no parent or person acting in the place of a parent
who has voluntarily parted with a girl for teh purpose of
adoption into another family, or who has received money for
partying with the custody of such girl for nay purpose, shall
be deemed to be entitled as of right to the custody of such
girl as her parent or as the person acting in the place of her
parent, and the legal guardianship of such girl shall be
vested in the secretary for chinese affairs who may take
such action as he thinks best to secure her welfare, and he
may require nay person in whose charge he shall place the
the girl well and to produce her before him whenever he
shall so require.

in case it shall be proved to his satisfaction that any girl
has not been treated properly be the person in whose charge
she is and that she is unwilling to continue to remain in his
charge, it shall be lawful for the secretary for chinese
affairs to call upon such person to produce proof to his
satisfaction that he is the legal guardian of the girl, and
failing the production of such proof the secretary for chinese
affairs shall be deemed to be her legal guardian.

33. whenever the secretary for chinese affairs has
reason to believe

(1) that any woman or girl has been brought into the
colony, either after having been purchased or by force,
intimidation, fraud, misrepresentation, or any false pretence,
for immoral purposes or for purposes of emigration; or

as amended by law rev. ord., 1924.








(2) that any woman or girl has been purchased in the
colony with a view of being trained or disposed of as a
prostitute, or is being detained against her will for immoral
purposes or for purposes of emigration; or

(3) that, in any of such cases any woman or girl, from fear,
ignorance, or any other cause, is unwilling or unable to dis-
close the true circumstances of the case,

he may inquire into the case, and may require any person in
whose custody or under whose control she appears to be to
furnish a photograph of such woman of girl and security n
a reasonable amount, to the satisfaction of the secretary for
chinese affairs, that such woman or girl shall not leave the
colony without the previous consent in writing of the
secretary for chinese affairs, that she shall not be trained or
disposed of as a prostitute or for immoral purposes, and that
she shall be produced before the secretary for chinese affairs
whenever he so requires.

43.(1) indefault of such photograph and security being furnished,
the secretary for chinese affairs may, by warrant
under his handm order that such woman or girl be removed
to a place of refuge where she shall remain until she can be
returned to the place whence she was brought or other
propert provision can be made for the protection of her
interests and liberty.

(2) the security to be furnished under this section shall
be a personal bond, with one or more sureties, in the form in
the schedule or in such other form as may be prsecribed by
thegovernor in council.

35.(1) the secretary for chinese affairs, if, after due
inquirym he is satisfied that any girl is being used for
immoral purposes or is being trained for such purposes and
that such girl is under the age of sixteen years, may by
warrant under his hand and seal, order such girl to be
removed to a place of refuge, where she shall be detained
until further order or until she attains the age of nineteen
yers, or marries, or is adopted, whichever event first
hapens.



as amended by law rev. ord. 1924.





(2) a girl found living in or frequenting a brothel shall
be deemed to be a girl who is being trained for immoral
purposes.

36. every woman or girl residing in such place of refuge
as is referred to in sections 34 and 35 shall be subject to
such regulations as may be made by the governor in council.
and every woman or girl who, contrary to such regulations,
leaves any such place of refuge in which she is residing may
be arrested and taken back to such place by any police
officer of by any officer appointed under this ordinance and
specially authorised by the secretary for chinese affairs in
writing in that behalf.

37.(1) every person who induces or assists any woman
or girl so detained to leave, contrary to such regulations, the
place of refuge in which she is residing, or knowingly har-
bours any such woman or girl, shall upon summary conviction
be liable to a fine not exceeding one hundred dollars, or to
imprisonment for any term not exceeding three months.

(2) every person who, without lawful authority or purpose,
communicates or attempts to communicate with any woman
or girl so detained, or induces or attempts to induce any
such woman or girl to break any such regulations shall be
liable to the same punishment.

38. in any action brought for the recovery of any sum
due on any promise or agreement which, before the com-
mencement of ordinance no. 9 of 1887, has been entered
into before the registrar general with respect to the custody,
maintenance, or giving in marriage of any female child, it
shall not be necessary for the plaintiff to allege that any
consideration was given for the said promise or agreement,
and it shall not be competent for the defendant to allege that
the registrar general had no authority or power to require
such promise or agreement from him or that no consideration
was given for the same.

as amended by law rev. ord., 1824
ordinance no. 9 of 1887(old numbering) commenced on the 13th April, 1887
it was repealed by no. 19 of 1889 (old numbering).






39.(1) The Secretary for Chinese Affairs, andany
officer generally or specially authorised for that purpose in
writing by him, shall have power, without warrant, to search
any ship, boat, building, or other place. where he has reason-
able cause to suspect that there is any woman or girl who is
or may be liable to be dealt with under this ordinance or in
which he has reasonable cause to suspect that an offence
under this ordinance is being committed, and may remove
any such woman or girl to a place of refuge, to be there
detained until her case is inquied into.

(2) the secretary for chinese affairs, and any officer
generally or specially authorised for that purpose in writing
by him, shall have power to search any ship, boar, house,
building, or other place, for the purpose of ascertaining
whether there is therein any woman or girl who is or may
be liable to be dealt with under this ordinance or whether
any offence under this ordinance is being committed, and
may remove any such woman or girl to a place of refuge, to
be there detained until her case is inquired into.

40.(1) the secretary for chinese affairs shall have
power, by notice in writing under his hand, to summon
before him any person whom he may have reason to believe
can give any information respecting any woman or girl
mentioned in this part, and respecting the treatment of such
woman or girl, or respecting nay inmate of a brothel.

(2) every person who,

(a) on service of such notice, does not appear at the time
and place therein mentioned; or

(b) fails to produce all documents in his custody, posses-
sion, or power relating to such woman or girl and to answer
truthfully all questions which the secretary for chinese
affairs may put to him respecting such woman or girl or in
any way relating to the matter being inquired into; or.

(c) without reasonable excuse refuses or neglects to produce
such woman or girl when so required by the secretary for
chinese affairs,

shall upon summary conviction be liable to a fine not exceeding
one hundred dollars, or to imprisonment for any term not
exceeding three months.


as amended by law rev. ord., 1924..






41. all summonses, notices, and other documents required
to be served under this ordinance on behalf of the secretary
for chinese affairs shall be deemed validly and sufficiently
served if served on or left with the person intended to be
served or, if he cannot be found, if left at his last-known
place of abode or business by any person authorised in that
behalf by the secretary for chinese affairs.

42. every warrant purporting to be issued in pursuance
of this ordinance under the hand and seal of the secretary
for chinese affairs, shall be received in evidence in every
court without further proof, and shall be evidence of the facts
therein stated, and all acts done in pursuance of such
warrant shall be deemed to have been authorised by law.

43. the secretary for chinese affairs shall sit in discharge
of his duties in such place as may be appointed by the
governor.


part iii

general

44. the governor may appoint such officers as may be
necessary for carrying out the provisions of this ordinance,
and may make rules to regulate the performance of their
duties.

45, in any proceeding under this ordinance, every notice,
order, copy of regulations, or other instrument shall, until
the contrary is proved, be prsumed to have been duly signed
by the person by whom and in the character in which it
purports to be signed.

[s. 46 rep no. 31 of 1911]

47.(1) it shall be lawful for the govenor in council to
make regulations in respect of the following matters;


(a) the care, maintenance, and education of women and
girls detained under part ii.

(b) the manner and conditions in and under which the
powers conferred by this ordinance shall be exercised; and

as amended by law rev ord. 1924.
3





(c) generally in relation to any matters for carrying into
effect the objects of this ordinance.

(2) every person who contravenes any of the provisions
of any of such regulations shall upon summary conviction be
liable to a fine not exceeding fifty dollars, and to imprison-
ment for any term not exceeding one month.

SCHEDULE
FORM OF BOND

know all men by these presents that we and
are held and firmly bound unto his majesty the king, his heirs and
successors, in the sum of $ to be paid to the treasurer of
hongkong, to which payment wer bind ourselves and each of us and
each of our heirs, executors, and administrators firmly by these present.

sealed with our seals

dated this day of 19

now the condition of this obligation is that if one
who is now residing at hongkong, shall not quit or be taken or
removed from the colony without the previous consent in writing of
the secretary for chinese affairs, and shall not be trained or disposed
of as a prostitute or for immoral purposes, and also if the said
shall be produced from time to time before the secretary for chinese
affairs within twenty-four hours after notice in writing has been given
to any or either of the said and requiring
such production, then this obligation to be void, otherwise to remain in
full force.

[l.s.] [l.s]

signed, sealed, and delivered by
the above-named
and
in the presence of


as amended by law rev. ord., 1924.

[Originally No. 9 of 1897. No. 9 of 1914. No. 12 of 1917. No. 12 of 1920. Law Rev. Ord., 1924.] Short title. Interpretation. Traffic in women or girls. [cf. No. 31 of 1921.] Procuration of women or girls. 48 & 49 Vict, c. 69, s. 2. [cf. No. 3 of 1890, s. 85, No. 3 of 1903, and No. 31 of 1921.] Defilement of girl between 12 and 16 years of age. 48 & 49 Vict, c. 69, s. 5. [cf. No. 3 of 1916, s. 5.] Defilement of girl under 12 years of age. 48 & 49 Vict, c. 69, s. 4. [cf. No. 3 of 1916, ss. 2, 5.] Indecent assault upon female. 24 & 25 Vict, c. 100, s. 52; 43 & 44 Vict, c. 45, s. 2. [cf. No. 3 of 1890, s. 85, and No. 3 of 1903.] Evidence of child of tender years admitted answorn. Unlawful detention of women or girls. 48 & 49 Vict, c. 69, s. 8. [cf. No. 3 of 1921.] Procuring defilement of women or girls. 48 & 49 Vict, c. 69, s. 3. [cf. No. 31 of 1921.] Carnal knowledge of female idiot. 48 & 49 Vict, c. 69, s. 5. [cf. No. 3 of 1916, s. 5.] Punishment of householder, etc., permitting defilement of girl. 48 & 49 Vict, c. 69, s. 6. [cf. No. 31 of 1921.] Punishment of keeper of brothel permitting woman suffering from contagious disease to remain therein. Closing of disorderly house on complaint of neighbours. Closing of disorderly house on complaint of Captain Superintendent of Police or Secretary for Chinese Affairs. Liability of immediate landlord of disorderly lodging-house or brothel. Power to magistrate to determine tenancy of disorderly lodging-house or brothel. Power to police to visit disorderly lodging house or brothel. Punishment of male person living on prostitution, etc. [cf. No. 31 of 1921.] [cf. 2 & 3 Geo. 5, c. 20, s. 7(1).] [cf. 2 & 3 Geo. 5, c. 20, s. 7(1).] Receiving or harbouring women or girls brought into the Colony by force, etc. Receiving or harbouring girls procured or women or girls sold for prostitution. Decoying women or girls for emigration. Rape. 24 & 25 Vict, c. 100, s. 48; 48 & 49 Vict, c. 69, s. 4. Power on indictment for rape, to convict of certain misdemeanors. 48 & 49 Vict, c. 69, s. 9. Abduction of woman against her will, from motives of lucre. 24 & 25 Vict, c. 100, s. 53. Fraudulent abduction of girl against the will of her father or mother, etc. 24 & 25 Vict, c. 100, s. 53. Offender incapable of taking property of abducted woman or girl. 24 & 25 Vict, c. 100, s. 53. Forcible abduction of woman with intent to marry her. 24 & 25 Vict, c. 100, s. 54. Abduction of girl under 21 years of age. 24 & 25 Vict, c. 100, s. 55. Presumption as to age of girl or child. Ordinance No. 2 of 1865. No certiorari or quashing for want of form. Punishment of misdemean-or under the Ordinance. Flogging. [cf. No. 3 of 1903.] Custody by Secretary for Chinese Affairs of adopted girl, etc. Powers of Secretary for Chinese Affairs. Removal of woman or girl to place of safety, in default of photograph and security. Schedule. Order for removal of girl to place of refuge. Regulations for women and girls in refuge. Penalty for inducing or assisting woman or girl to leave refuge, etc. Recovery of sum due on promise or agreement already entered into. Powers of search of Secretary for Chinese Affairs. Powers of Secretary for Chinese Affairs. To summon persons capable of giving information respecting woman or girl. Service of summons, notice, etc. Reception in evidence of warrant. Office of the Secretary for Chinese Affairs. Appointment of officers and regulation of their duties. Presumption in respect of signature of notice, etc. Regulations. [s. 47 contd.]

[Originally No. 9 of 1897. No. 9 of 1914. No. 12 of 1917. No. 12 of 1920. Law Rev. Ord., 1924.] Short title. Interpretation. Traffic in women or girls. [cf. No. 31 of 1921.] Procuration of women or girls. 48 & 49 Vict, c. 69, s. 2. [cf. No. 3 of 1890, s. 85, No. 3 of 1903, and No. 31 of 1921.] Defilement of girl between 12 and 16 years of age. 48 & 49 Vict, c. 69, s. 5. [cf. No. 3 of 1916, s. 5.] Defilement of girl under 12 years of age. 48 & 49 Vict, c. 69, s. 4. [cf. No. 3 of 1916, ss. 2, 5.] Indecent assault upon female. 24 & 25 Vict, c. 100, s. 52; 43 & 44 Vict, c. 45, s. 2. [cf. No. 3 of 1890, s. 85, and No. 3 of 1903.] Evidence of child of tender years admitted answorn. Unlawful detention of women or girls. 48 & 49 Vict, c. 69, s. 8. [cf. No. 3 of 1921.] Procuring defilement of women or girls. 48 & 49 Vict, c. 69, s. 3. [cf. No. 31 of 1921.] Carnal knowledge of female idiot. 48 & 49 Vict, c. 69, s. 5. [cf. No. 3 of 1916, s. 5.] Punishment of householder, etc., permitting defilement of girl. 48 & 49 Vict, c. 69, s. 6. [cf. No. 31 of 1921.] Punishment of keeper of brothel permitting woman suffering from contagious disease to remain therein. Closing of disorderly house on complaint of neighbours. Closing of disorderly house on complaint of Captain Superintendent of Police or Secretary for Chinese Affairs. Liability of immediate landlord of disorderly lodging-house or brothel. Power to magistrate to determine tenancy of disorderly lodging-house or brothel. Power to police to visit disorderly lodging house or brothel. Punishment of male person living on prostitution, etc. [cf. No. 31 of 1921.] [cf. 2 & 3 Geo. 5, c. 20, s. 7(1).] [cf. 2 & 3 Geo. 5, c. 20, s. 7(1).] Receiving or harbouring women or girls brought into the Colony by force, etc. Receiving or harbouring girls procured or women or girls sold for prostitution. Decoying women or girls for emigration. Rape. 24 & 25 Vict, c. 100, s. 48; 48 & 49 Vict, c. 69, s. 4. Power on indictment for rape, to convict of certain misdemeanors. 48 & 49 Vict, c. 69, s. 9. Abduction of woman against her will, from motives of lucre. 24 & 25 Vict, c. 100, s. 53. Fraudulent abduction of girl against the will of her father or mother, etc. 24 & 25 Vict, c. 100, s. 53. Offender incapable of taking property of abducted woman or girl. 24 & 25 Vict, c. 100, s. 53. Forcible abduction of woman with intent to marry her. 24 & 25 Vict, c. 100, s. 54. Abduction of girl under 21 years of age. 24 & 25 Vict, c. 100, s. 55. Presumption as to age of girl or child. Ordinance No. 2 of 1865. No certiorari or quashing for want of form. Punishment of misdemean-or under the Ordinance. Flogging. [cf. No. 3 of 1903.] Custody by Secretary for Chinese Affairs of adopted girl, etc. Powers of Secretary for Chinese Affairs. Removal of woman or girl to place of safety, in default of photograph and security. Schedule. Order for removal of girl to place of refuge. Regulations for women and girls in refuge. Penalty for inducing or assisting woman or girl to leave refuge, etc. Recovery of sum due on promise or agreement already entered into. Powers of search of Secretary for Chinese Affairs. Powers of Secretary for Chinese Affairs. To summon persons capable of giving information respecting woman or girl. Service of summons, notice, etc. Reception in evidence of warrant. Office of the Secretary for Chinese Affairs. Appointment of officers and regulation of their duties. Presumption in respect of signature of notice, etc. Regulations. [s. 47 contd.]

https://oelawhk.lib.hku.hk/items/show/1172

1923

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No. 4 of 1897

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