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.

Set also No. 14 of 1906 [Criminal Evidence], s. 5, and No. 41 of 1932
[Magistrates], s. 83.





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 appearing to
have the management or control of the prerhises 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-

(i) takes part in bringing into or taking away from the
Colony, by force, intimidation, or fraud, any woman or girl
for 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, or otherwise dispose of such woman or girl, for the purpose
of prostitution either within or without the Colony ; or

(3) takes part in bringing, taking, decoying, or enticing
any woman or girl into or away from the Colon Y, 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, pur-
chasing, taking in pledge, taking on hire, or otherwise disposing
of, or obtaining possession of any woman or girl,. for the
purpose of prostitution either within or without the Colony; Of

* As amended by No. 21 of 1929 [1.11.29].





knowinglv derives any profit from the sale, pledge, hire,
purchase, taking in pledge, 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 for 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 lie satisfies such jury or magistrate that lie
had not such knowledge.

3A. It shall be no defence to any charge under section 3
that the woman or girl in qu'estion consented to the transaction
or. that she received the consideration or any part of the
consideration therefor.

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 carnal 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
or frequent a brothel elsewhere; or

(d) procures or attempts to procure any womaft 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 inniate of or frequent a brothel within
or without the Colony,

As amendod by No. 21 of 1929 [1.11.29].
1+ As amended by Law Rev. Ord., 1937.





shall be guilty of a misdemeanor.

(2) No person shall be convicted of any offence under any of
paragraphs (b), (c) and (d) of sub-section (i) on the evidence
of one witness only, unless such witness is corroborated in some
material particular by evidence implicating the accused.

5. Every person who carnally knows or attempts to have
carnal knowledge of any unmarried girl, being of or above the
age of thirteen years and under the age of sixteen years, shall
be guilty of a misdemeanor: Provided that, where both parties
are Asiatics, a girl shall not be deemed to be 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 no prosecution shall be commenced for an
offence under this section more than twelve months after the
commission of the offence.

6.-(1) Every person who carnally knows any girl under
the age of thirteen 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 thirteen years, whether he is married
to her or not, shall be guilty of a misdemeanor.

7.-(1) Every person who commits an indecent 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 sixteen years to
prove that she consented to the act of indecency.

[(3), rep. No. 33 of 1934.]

8.-(1) Every person who detains any woman or girl against.
her will-

As amended by No. 14 of 1934 [29.6.34].





(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 erhigration; 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, intimidation, or fraud
is used, but also if, with intent to compel or induce her to
remain in or upon such premises or in such brothel, such person
withholds from such woman or girl any wearing apparel or other
property belonging to her, or, where wearing 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 she takes away with her the wearing
appar el 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 iany 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 impticat-
ing the accused.





10. Every person who unlawfully and carnally knows, or
attempts 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 management
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 stich 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-

(i) if such girl is of or above the age of thirteen years and
under the age of sixteen years, be guilty of a misdemeanor;
,and

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

,12. Every occupier or keeper of a house ot portion of a
house who uses it, or who knowingly permits it to be used, as
a lodging house for prostitutes or as a brothel shall be liable on
summary conviction, for the first offence to a fine not exceeding
two hunled and fifty dollars and to imprisonment for any term
not exceeding three months, for a second offence (whether in
respect of the same or other premises) to a fine ' not exceeding
five hundred dollars and to imprisonment for any ~erni not
exceeding six months, and for a third or any subsequent offence
(whether in respect of the same or other premises) to a fine not
exceeding one thousand dollars and to imprisonment for any
term not exceeding twelve months.

13. W here it has been proved to the satisfaction of a magis-
trate that an offence under section 12 has been committed with
.respect to any house or portion of a house he may order that
notice of the fact shall be served, either personally or by
registered post, upon the owner or tenant of the premises, or if
such owner or tenant is absent or under any disability upon his

As amended by No. 14 of 1934 [29.6.34].
As amended by No. 25 of 1936 [5.6.361.





attorney, agent or rent collector, or if such owner or tenant is
a corporation upon the secretary or manager thereof.

14. After service of such notice as is mentioned in section
13, any magistrate may, at the request of any such owner,,
tenant, attorney, agent, rent collector, secretary or manager,
make an order (which shall be recognized and given effect to in
any proceeding in any court) absolutely putting an end to any
existing tenancy or sub-terfancy of such premises as from the
date of such order, and thereupon such tenancy or sub-tenancy
shall absolutely cease and determine for all purposes and. the
occupier, tenant or sub-tenant of such premises may thereafter
be treated as a trespasser.

15. If, after service of such notice as is mentioned in section
13, an offence against section 12 is proved to have been com-
mitted by any person within three months after such service,
the person upon whom service is made (and, if he be an attorney,
agent or rent collector, also the landlord whom he represents)
shall be liable on summary conviction to a fine not exceeding
five hundred dollars, unless he proves to the satisfaction of the
magistrate that he neither knew nor had reasonable means of
knowing that the premises were being used as a lodging house
for prostitutes or as a brothel.

16. Any European officer of police, not being below the
rank of sergeant, who is authorized generally in writing for that
purpose by the Commissioner of Police, and any person, who is
authorized generally in writing for that purpose by the Secretary
for Chinese Affairs, may at all times, without notice, enter and
demand to see and interrogate any 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 as a brothel or in
connexion 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 irf part on the earnings of
prostitution ; or

As amended by No. 25 of 19M [5.6.361.
As amended by No. 43 of 1932 [9.12.32].





(b) solicits for immoral purposes,

shall be liable to imprisonment for any term not exceeding six
months.

(2) If it is made to appear to a magistrate, by information
upon oath, that there is reason to suspect that 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 frequenting
the house is living wholly or in part on the earnings of such
prostitute, the magistrate may issue a warrant authorizing 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.

(4) Every female who is proved to have, for the purposes
of gain, exercised control, direction or influence over the move-
ments of a prostitute in such a manner as -to show that she is
aiding, abetting or compelling her prostitution with any person,
or generally, shall be liable to imprisonment for any term not
exceeding three montlisw

18.-(1) Every person shall be gui.ity of a, misdemeanor
who without lawful authority or excuse-

(a) receives, harbours, detains, or has . under, his control
any woman or girl ' who has been brought. into or is'abotit to be
taken away from the, Colonv by force, intimidation or fraud; or

(b) receives, harbours, detains, or has under his control
any unmarried girl under the age of twenty-one years without
the consent of the person having the lawful care or charge Of
her.
(2) When any person accused under paragraph .(k) :of
sub-section (i) is'proi-,ed- to have received, harboured, detained

As amended by No. 21 of 1929 [1.11.291 and Law Rev. Ord., 1937.





or had under his control any female who appears to the magis-
frate to be under the age of twenty-one years, it shall, until the
contrary 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,
harboured or detained her, or had her under his control, without
the consent of the :person having. the lawful care or charge'
of her.

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 against the provisions of this
section.

(4) No person charged under this section shall be entitled
to be acquitted, on the ground that such person brought the
woman or girl into the Colony, or on the ground that such
person took the woman or girl, or caused her to he taken, out
of the possession of the person having the lawful care or charge
of her.

19. Every person who-

(i) receives or harbours any girl under the age of ~ixteen
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 ?ut to hire, purchased, or other-
wise 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 he sold, pledged, let out to hire, purchased, taken in
pledge, takew 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, intimidation,.. 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, or the hearing of
any information or charge, for rape, or for any offence made
felony in section 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 io or of an indecent assault, but is
not satisfied that the defendant is guilty of the felony charged
in such indictment, information, or charge,- or of an 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 thereupon such defendant shall be
liable to be punished in the same manner as if he had been
convicted upon an indictment, information or charge 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 presumptive
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 imprison-
ment for any term not exceeding fourteen years.

23. Every person who fraudulently 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 possession and
against the will of her father or mother or of any other person
having the lawful care or charge of tier, with intent to marry

As amended by No. 43 of 1932 [9.12.32].





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 anv term not exceeding
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 property
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 afore-
said; 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 ariv 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, and shall be liable
to imprisonment for any term not exceeding fourteen years.

26. Every person who unlawfully tak es or causes to be taken
any unmarried girl, being tinder 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 tinder this
Ordinance, or tinder section 26 or section 45 of the Offences
against the Petson 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 ceitiorari, and no

As amended by Law Rev. Ord, 1937





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 sarue.

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 summarily
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 prescribed, the offender, 'if a male, be flogged.

(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 of the said
sections it shall be lawful for the magistrate or court to direct
that, in addition to the punishment hereinbefore prescribed, the
offender, if a male, be flogged.

PART II.

POWERS OF SECRETARY FOR CHINESE AFFAIRS

32.-(1) If any parent or person acting in the place of a
parent has, within or without the Colony, voluntarily parted
with a girl under the age of eighteen years for the purpose of
adoption into another family, or received money for parting with
the custody of any girl under the age of eighteen years for
any purpose, the legal guardianship of such girl while within
the Colony shall be vested in the Secretary for Chinese Affairs.

As aimended by No. 21 of 1929 [1.11.29].





(2) If in any case it appears to the Secretary for Chinese
Affairs that any gir 1 under the age of eighteen years has not
been properly treated by the person in whose custody she is,
and that the girl is unwilling to remain in such custody, it shall
be lawful for the Secretary for Chinese Affairs to call upon such
person to produce proof to his satisfaction that such person is
the legal guardian, and failing the production of such proof the
legal guardianship of such girl while within the Colony shall
be vested in the Secretary for Chinese Affairs.

(3) Where the legal guardianship of any girl is vested
in the Secretary for Chinese Affairs by virtue of the provisions
of this section, it shall be ]awful for the Secretary for Chinese
Affairs, subject to the provisions of section jo ~f the Female
Domestic Service Ordinance, 1923, to ;make any order regarding
the custody and control of the girl which lie may think desirable
in her interests, and if lie so thinls fit, to require any person in
whose charge lie shall place the girl to enter into a bond with
one or more sureties to treat the Cyirl well and to produce her
before him whenever lie sliall so require.

33. Whenever the Secretary for Chinese Affairs has reason
to believe-

(i) that any woman or girl has been brought into the
Colony; either after having been purchased or Lw force, intimida-
tion, fraud, misrepresentation, or'any false pretence, for immoral
purposes or for purposes of emigration ; or

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

(3) thati in any of such cases any woman or girl, from fear,
ignorance, or any. other caus. is unwilling or unable to disclose
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 or girl and' security in
a reasonable amount, to the satisfaction of the Secretary for

As amended by Law Rev. Ord., 19;~7..





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.

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 prescribed by the
Governor. in Council.

34. In default of such photograph and security being
furnished, the Secretary for Chinese Affairs may, by warrant
under his hand, 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 proper
provision can be made for the protection of her interests and
liberty.

35.-(1) If the Secretary for Chinese Affairs, after due
inquiry, 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, fie may, by warrant under
his hand and seal, order such girl to be remov~d to a place of
refuge, where she shall be detained until further order or until
she attains the age of nineteen years, or marries, or is adopted,
whichever event first happens.

(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 or
by any officer appointed under this Ordinance and. specially
authorized by the Secretary for Chinese Affairs in writing in
that. behalf.

* As amended by Law Rev. Ord., 1937.





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 harbours
any such woman or girl, shall upon summary conviction be
liable to a fine not exceeding one hundred dollars, or to imprison-
ment 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.

[s. 38, rep. Law Revision Ordinance, 1937.]

39.-(1) The Secretary for Chinese Affairs, or any officer
generally or specially authorized for that purpose in writing by
the Secretary for Chinese Affairs, may enter, and for that
purpose may use force if necessary, and may search, any vessel,
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 the provisions of this Ordinance,
or whether any offence under this Ordinance is being, or has
been, committed, and may remove any such woman or girl to
a place of safety to be there detained urvtil her case be inquired
into.

(2) The Secretary for Chinese Affairs or such officer as
aforesaid may during or after any such search as is referred to
in sub-section (i), arrest or cause to be arrested any person
reasonably suspected of being liable to prosecution for an.
offence against thIs Ordinance,. and may seize and detain any
articles, or any books, documents or accounts, which he may
have reason to believe to relate to any offence against this
Ordinance.

(3) No person shall refuse the Secretary for Chinese
Affairs or such officer as aforesaid access to any such vessel,
house, building or other place, or otherwise obstruct or hinder
him in effecting an entrance, or in removing such woman or
girl, or in seizing and detaining such articles, books, documents
or accounts.

As amended by No. 21 of 1929 [1.11.29].





(4) (a) In carrying out any search under the provisions of
this section the Secretary for Chinese Affairs or such officer as
aforesaid shall have power to put questions and to give any
such order or direction as may be necessary to the inmates of
any vessel, house, building, or other place for the purpose of
carrying out such search.

(b) The inmates of any vessel, house, building, or other
place shall answer truthfully all questions put to them by the
Secretary for Chinese Affairs, or such officer as aforesaid,* and
shall obey any order or direction given by him touching any
matter or any person connected with such search.

(c) No person shall by force, restraint, threats, inducement,
or other means, cause any woman or girl who is or may be
liable to be dealt with under the provisions of this Ordinance
to conceal herself in or to- leave any vessel, house, building, or
other place being searched or about to be searched by the Secre-
tary for Chinese Affairs or such officer as aforesaid under the
provisions of this section, with the intent that the search of the
Secretary for Chinese Affairs or such officer may thereby be
evaded or obstructed.

(5) Every person who contravenes any of the provisions of
this section shall upon summary conviction be liable to a fine
not exceeding five hundred dollars and to imprisonment for.any
term not exceeding six months.

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 air], or
respecting any 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 Secretaryfor Chinese Affairs
may put to him respecting such worrian 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.

41. All summonses, notices, and other documents required
to be served or given under this Ordinance on behalf of the
Secretary for Chinese Affairs shall bc deemed validly and
sufficiently served or given if served on or left with the person
intended to be served or to whom the notice is intended to be
given or, if he cannot readily be found, if left at his last-known
place of abode or business.

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 authorized by law.

[s. 43, rep. Law Revision Ordinance, 1937.]

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 presumed 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 Governor in Council to
make regulations in respect of the following matters:-

As amended by Law Rev. Ord., 1937.





(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

(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 ~xceeding fifty dollars, and to imprisonment for
any term notexceeding one month.

SCHEDULE. [ss. 32 and 33.]

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 Colonial
Treasurer of Hong Kong, to which payment we bind ourselves and
each of us and each of our heirs, executors, and administrators firmly
by these presents.
Sealed with our seals.
Dated this day of 19

Now the condition of this obligation is that if the above-bounden
shall duly observe and comply with the provisions of section
of the Protection of Women and -Girls Ordinance, 1897, relating
to bonds, which are as follows:-[here set out the provisions; that
is to say-' It shall be lawful. for the Secretary for Chinese AffRirs
. . . . if he so thinks fit to require any person in whose charge he
shall place the girl to enter into a bond with one or more.sureties to
treat the girl well and to produce her before him whenever he shall
so require.--- (s. 32 (3)) or as the case may be-' The Secretary for
Chinese Affairs may require any person in whose custody or under
whose control she appears to be to furnish a photograph of such
woman or girl and security in 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 Secre-
tary 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. 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 prescribed by the Governor in Council.'(s. 33)]

As amended by Law Rev. Ord., 1937,

in respect of one who is now residing at Hong Kong, then
this obligation to bevoid, otherwise to remain in full force.

[L. S.]
Signed, scaled, and delivered by [L. S.]
the above-named
and
in the presence of

[Originally No. 9 of 1897. No. 18 of 1929. No. 21 of 1929. No. 43 of 1932. No. 14 of 1934. No. 33 of 1934. No. 25 of 1936. Law Rev. Ord., 1937.] Short title. Interpretation. Traffic in women or girls. Defence negatived. Procuration of women or girls. 48 & 49 Vict. C. 69, s. 2. [cf. No. 3 of 1903 and No. 41 of 1932, s. 89 (5).] Defilement of girl between 13 and 16 years of age. 48 & 49 Vict. C. 69, s. 5. [cf. No. 3 of 1916, s. 5(2) and No. 1 of 1932, s. 17 (1) (e).] Defilement of girl under 13 years of age. 48 & 49 Vict. C. 69, s. 4. [cf. No. 3 of 1916, ss. 2, 5 and No. 1 of 1932, s. 17 (1) (e).] Indecent assault upon female. 24 & 25 Vict. c. 100, s. 52; 43 & 44 Vict. c. 45, s. 2. [cf. No. 3 of 103 and No. 41 of 1932, s. 89 (5).] [19.10.34.] Unlawful detention of women or girls. 48 & 49 Vict. c. 69, s. 8. Procuring defilement of women or girls. 48 & 49 Vict. C. 69, s. 3. Carnal knowledge of female idiot. 48 & 49 Vict. C. 69, s. 5. [cf. No. 3 of 1916, s. 5.] Punishment of house-holder, etc., permitting defilement of girl. 48 & 49 Vict. C. 69, s. 6. Penalty on occupier or keeper of premises used as a lodging house for prostitutes or as a brothel. Service of notice of offence under section 12 on owner, etc. Power to determine tenancies of premises used in contravention of section 12. Penalty on owner, etc., where premises again used within three months in contravention of section 12. Power to police to visit disorderly house or brothel. Punishment of male person living on prostitution, etc. [cf. No. 40 of 1932, s. 11.] [cf. 2 & 3 Geo. 5, c. 20, s. 7(1).] [cf. 2 & 3 Geo. 5, c. 20 s. 7 (4).] Receiving or harbouring women or girl 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, hearing or charge for rape, to convict of certain offences. 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 misdemeanor under the Ordinance. Flogging. [cf. No. 3 of 1903.] Guardianship of adopted girl, etc. [cf. No. 1 of 1923, s. 23.] Ordinance No. 1 of 1923. Powers of Secretary for Chinese Affairs. Schedule. Removal of woman or girl to place of safety, in default of photograph and security. 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. Power of search, etc. Power 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. Appointment of officers and regulation of their duties. Presumption in respect of signature of notice, etc. Regulations.

[Originally No. 9 of 1897. No. 18 of 1929. No. 21 of 1929. No. 43 of 1932. No. 14 of 1934. No. 33 of 1934. No. 25 of 1936. Law Rev. Ord., 1937.] Short title. Interpretation. Traffic in women or girls. Defence negatived. Procuration of women or girls. 48 & 49 Vict. C. 69, s. 2. [cf. No. 3 of 1903 and No. 41 of 1932, s. 89 (5).] Defilement of girl between 13 and 16 years of age. 48 & 49 Vict. C. 69, s. 5. [cf. No. 3 of 1916, s. 5(2) and No. 1 of 1932, s. 17 (1) (e).] Defilement of girl under 13 years of age. 48 & 49 Vict. C. 69, s. 4. [cf. No. 3 of 1916, ss. 2, 5 and No. 1 of 1932, s. 17 (1) (e).] Indecent assault upon female. 24 & 25 Vict. c. 100, s. 52; 43 & 44 Vict. c. 45, s. 2. [cf. No. 3 of 103 and No. 41 of 1932, s. 89 (5).] [19.10.34.] Unlawful detention of women or girls. 48 & 49 Vict. c. 69, s. 8. Procuring defilement of women or girls. 48 & 49 Vict. C. 69, s. 3. Carnal knowledge of female idiot. 48 & 49 Vict. C. 69, s. 5. [cf. No. 3 of 1916, s. 5.] Punishment of house-holder, etc., permitting defilement of girl. 48 & 49 Vict. C. 69, s. 6. Penalty on occupier or keeper of premises used as a lodging house for prostitutes or as a brothel. Service of notice of offence under section 12 on owner, etc. Power to determine tenancies of premises used in contravention of section 12. Penalty on owner, etc., where premises again used within three months in contravention of section 12. Power to police to visit disorderly house or brothel. Punishment of male person living on prostitution, etc. [cf. No. 40 of 1932, s. 11.] [cf. 2 & 3 Geo. 5, c. 20, s. 7(1).] [cf. 2 & 3 Geo. 5, c. 20 s. 7 (4).] Receiving or harbouring women or girl 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, hearing or charge for rape, to convict of certain offences. 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 misdemeanor under the Ordinance. Flogging. [cf. No. 3 of 1903.] Guardianship of adopted girl, etc. [cf. No. 1 of 1923, s. 23.] Ordinance No. 1 of 1923. Powers of Secretary for Chinese Affairs. Schedule. Removal of woman or girl to place of safety, in default of photograph and security. 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. Power of search, etc. Power 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. Appointment of officers and regulation of their duties. Presumption in respect of signature of notice, etc. Regulations.

https://oelawhk.lib.hku.hk/items/show/1459

1937

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No. 4 of 1897

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