PUNISHMENT OF INCEST ORDINANCE, 1916

PUNISHMENT OF INCEST ORDINANCE, 1916

1916~

No. 1 of 1916, repealed by No. 8 Of -1920.

No. 2 of 1916, incorporated in No. 8 Of 1934.

No. 3 of 19 16.

An Ordinance to Provide for the Punishment of incest.

[28th April, 1916.]

1. This Ordinance may be cited as the Punishment of Incest
Ordinance, 1916.

2.-(1) Every male person who has carnal knowledge of a
female person, who is to his knowledge his granddaughter,
daughter, sister or mother, shall be guilty of a,misdemeanor,
and upon conviction thereof shall be liable to imprisonment for
any term not exceeding seven years: Provided that if.,-. on an
indictment for any such offence, it is alleged in the indictment
and proved that the female person is under the age of thirteen
years, the.same punishment may be imposed as may be-imposed
under section 6 of the Protection of Women and Girls Ordinance,
1897.

(2) It is immaterial that the carnal knowledge was had with
the consent of the female person.

(3). Every male person who attempts to commit any such
offence as aforesaid shall be guilty of a misdemeanor and upon
conviction -thereof shall be liable to imprisonment for any ;erm
not exceeding two years.

See also No. 14 of 1906 [Criminal Evidence], s. 5 (1) and Schedule.
As amended by Law Rev. Ord., 1939, Supp. Sched.





(4) On the conviction before any court of any male person
of an offence under this section, or of an attempt to commit the
same, against any female under twenty-one years of age, it shall
be in the power of the court to divest the offender of all authority
over such female, and if the offender is the guardian of such.
female., to remove the offender from such guardianship, and in
any such case to appoint any person or persons to be the
guardian or guardians of such female during her minority or
any less period:

Provided that the Supreme Court may at any, time vary or
rescind the order by the appointment of any other person as
such guardian, or in any other respect.

3. Every fernale person of or above the age of sixteen years
who with consent permits her grandfathe'r, father, brother or
son to have carnal knowledge of her (knowing him to be her
grandfather, father, brother or son, as the case may be) shall be
guilty of a misdemeanor and upon conviction thereof shall be
liable to imprisonment for any term not exceeding seven years.

4. In this Ordinance, ' brother ' and ' sister ' respectively
include half-brother add half-sister, and the provisions of this
Ordinance shall apply whether the relationship between the
person charged with an offence under this Ordinance and the
person with whom the offence is alleged to have been committed
is or is not traced through lawful wedlock.

5.-(1) If on the trial of any indictment for rapq the jury
are satisfied that the defendant is guilty of an offence under this
Ordinance but are not satisfied that the defendant is guilty of
rape, the jury may acquit the defendant of rape and find him
guilty of an offence undet. this Ordinance, and he shall be liable
to bi punished accordingly.

(2) If on the trial of any indictment for an offence under
this Ordinance the jury are satisfied that the defendant is guilty
of any offence under section 5, 6 or io of the Protection of
Worilen and Girls Ordinance,' 1897, but are not satisfied that
the defendant is guilty of an offence under this Ordinance, the
jury may acquit the difendant of an offence under this Ordinance
and'find him guilty of an offence under section 5, 6 or io, as the

case may be, of the Protection of Women and Girls Ordinance,
1897, and he shall be liable to be punished accordingly.

6. No prosecution for any offence under this Ordinance shall
be commenced without the sanction of the Attorney General.

[Originally No. 3 of 1916. Law Rev. Ord., 1939.] Short title. Incest by males. 8 Edw. 7, c. 45, s.1. [cf. No. 1 of 1932, s. 17.] ordinance No. 4 of 1897. Incest by females of or over sixteen 8 Edw. 7, c. 45, s. 2. Test of relationship. 8 Edw. 7, c. 45, s. 3. Prosecution of offences. 8 Edw. 7, c. 45, s. 4. Ordinance No. 4 of 1897. [Originally No. 5 of 1916. Law Rev. Ord., 1939.] [cf. 5 & 6 Geo. 5, c.40.] Short title. Recognition of certificates issued in the United Kingdom as sufficient notice in respect of marriages between British subjects intended to be solemnized in this Colony.* Giving of notice in this Colony ion respect of marriage to be solemnized in the United Kingdom between a British subject resident in this Colony and a British subject resident in the United Kingdom.

[Originally No. 3 of 1916. Law Rev. Ord., 1939.] Short title. Incest by males. 8 Edw. 7, c. 45, s.1. [cf. No. 1 of 1932, s. 17.] ordinance No. 4 of 1897. Incest by females of or over sixteen 8 Edw. 7, c. 45, s. 2. Test of relationship. 8 Edw. 7, c. 45, s. 3. Prosecution of offences. 8 Edw. 7, c. 45, s. 4. Ordinance No. 4 of 1897. [Originally No. 5 of 1916. Law Rev. Ord., 1939.] [cf. 5 & 6 Geo. 5, c.40.] Short title. Recognition of certificates issued in the United Kingdom as sufficient notice in respect of marriages between British subjects intended to be solemnized in this Colony.* Giving of notice in this Colony ion respect of marriage to be solemnized in the United Kingdom between a British subject resident in this Colony and a British subject resident in the United Kingdom.

https://oelawhk.lib.hku.hk/items/show/1543

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