PUNISHMENT OF INCEST ORDINANCE

PUNISHMENT OF INCEST ORDINANCE

CHAPTER 216.

PUNISHMENT OF INCEST.

To provide for the punishment of incest.

[28th April,1916]

1. This Ordinance may be cited as the Runishment of
Incest Ordinance.

2. (1) Any 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 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,
1938.

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

(3) Any male person who attempts to commit any such
offence as aforesaid shall be guilty of a misdemeanor triable
summarily and upon conviction thereof shall be liable to im-
prisonment for two years.

(4) On the conviction before any court of any male per-
son 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 per-
son 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 guar-
dian, or in any other respect.

3. Any female person of or above the age of sixteen
years who with consent permits her grandfather, 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 con-
viction thereof shall be liable to imprisonment for seven years.

4. In this Ordinance, 'brother' and 'sister' respec-
tively include half-brother and half-sister, and the provisions
of this Ordinance shall apply whether the relationship
between the person charged with an offence under this Ordin-
ance 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 rape 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 i-ape
and find him guilty of an offence under this Ordinance, and
he shall be liable to be punished accordingly..

(2) If on the trial of any indictment for an offence undet
this Ordinance the jury are satisfied that the defendant is
guilty of any offence under section 5, 6 or io of the Protection
of Women and Girls Ordinance 1938, but are not satisfied
that the defendant is guilty of an offence under this Ordin-
ance, the jury may acquit the defendant 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, 1938, and he shall be
liable to be punished accordingly.

6. No prosecution under this Ordinance shall be com-
menced without the sanction of the Attorney General.
Originally 3 of 1916. Fraser 3 of 1916. 5 of 1938. 22 of 1950. Short title. Incest by males. 8 Edw. 7. C. 45, s. 1. (5 of 1938.) 22 of 1950. S. 3. Incest by females of or over sixteen. 8 Edw. 7. c . 45, s. 2. [s. 3 cont.] Test of relationship. 8 Edw. 7. C. 45, s. 3. Prosecution of offences. 8 Edw. 7, c. 45, s. 4. (5 of 1938.) Sanction of Attorney General. 8 Edw. 7. C. 45, s. 6.

Originally 3 of 1916. Fraser 3 of 1916. 5 of 1938. 22 of 1950. Short title. Incest by males. 8 Edw. 7. C. 45, s. 1. (5 of 1938.) 22 of 1950. S. 3. Incest by females of or over sixteen. 8 Edw. 7. c . 45, s. 2. [s. 3 cont.] Test of relationship. 8 Edw. 7. C. 45, s. 3. Prosecution of offences. 8 Edw. 7, c. 45, s. 4. (5 of 1938.) Sanction of Attorney General. 8 Edw. 7. C. 45, s. 6.

https://oelawhk.lib.hku.hk/items/show/2042

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