OFFENCES AGAINST THE PERSON ORDINANCE

OFFENCES AGAINST THE PERSON ORDINANCE

LAWS OF HONG KONG

OFFENCES AGAINST THE PERSON

ORDINANCE

CHAPTER 212





CHAPTER 212

OFFENCES AGAINST THE PERSON ORDINANCE

ARRANGEMENT OF SECTIONS

Section .................................. Page

1. Short title...................... ......... ... ... ... ... ... ... 4

HOMICIDE

2.........Murder ............................. ... ... ... ... ... ... 4
3.........Sentence for murder ................ ... ... ... ... ... ... ... ... ...
4

4....................Burial of, body of person executed ... ... ... ... ... ... ... ... .. 4

5. Conspiring or soliciting to commit murder ... ... ... ... ... 4

6................Petit treason to be murder ... ... ... ... ... ... ... ... ... ... ... 5

7...........Manslaughter ................... ... ... ... ... ... ... 5

8..............Excusable homicide . ......... ... ... ... ... ... ... ... ... 5

SA.............Alternative verdicts .......... ... ... ... ... ... ... ... ... ... 5

9....................................Trial of homicide where cause of death only happens in the Colony ... ... 5

GENOCIDE

9A. Genocide............................... ... ... ... ... ... ... 5

ATTEMPTS TO MURDER

10...............................Administering poison or wounding with intent to murder ... ... ... 6
11,..............................Destroying or damaging building with intent to murder ... 6
12...............................Setting fire to or casting away ship with intent to murder ... ... ... 6

13, Attempting to administer poison, or shooting, or attempting to shoot or drown,

etc., with intent to murder ............... ... .... ... ... ... ... ... 6

14.............................Attempting to commit murder by means not specified ... ... ... 7

LETTERS THREATENING TO MURDER

15......................Sending letter threatening to murder ... ... ... ... ... 7

ACTS CAUSING OR TENDING TO CAUSE DANGER TO LIFE, ETC.

16..........................................Impeding person endeavouring to save himself or another from shipwreck 7

17, Shooting or attempting to shoot, or wounding or striking with intent to do

grievous bodily harm ..................... ... ... ... ... ... 7

is...............Definition of loaded arms .... ... ... ... ... ... ... ... ... ... ... 8

19........................Wounding or inflicting grievous bodily harm ... ... ... ... ... ... ... 8

X Attempting to choke, etc., in order to commit indictable offence ... ... ... 8
21. Using chloroform, etc., in order to commit indictable offence ... ... ... 8







22. Administering poison, etc., so as to endanger life or inflict grievous bodily harm 8

23.............................Administering poison, etc., with intent to injure, etc . ... ... ... ... ... 8

24...................................Conviction for offence under s. 23 on trial for offence under s. 22 ... ... 9

25. Failure to provide apprentice or servant with food, etc., whereby life is

endangered, etc . ... .... ... ... ... ... ... ... ... ... ... ... ... 9
26, Exposing child whereby life is endangered ... ... ... ... ... ... ... ... 9
27. Ill-treatment or neglect by those in charge of child or young person ... ... ... 9





Section Page

28. Causing bodily injury by gunpowder, etc. ... ... ... ... ... 10

29. Causing gunpowder to explode, etc., or throwing corrosive fluid. with intent to do

grievous bodily harm .................... ... ... ... ... ... 10

29A. Possession of corrosive substance .... ... ... ... ... ... ... 10

30......................................Placing gunpowder near building, etc. with intent to do bodily injury 11

31....................................Setting spring gun, etc., with intent to inflict grievous bodily harm ... ... 11
32....................................Placing wood, etc., on a railway with intent to endanger passengers, etc . ...
11

33...............................Driver of carriage, etc., injuring person by furious driving ... ... ... ... 12

SUICIDE

33A. Suicide to cease to be a crime ........... ... ... ... ... ... ... ... ... 12

33B. Criminal liability for complicity in another's suicide ... ... ... ... ... 12

ASSAULTS

34.................................Obstructing or assaulting clergyman, etc., in discharge of his duties ...
35.................................Assaulting magistrate, etc., on account of his preserving wreck ... ... ... 13
36.................................Assault with intent to commit felony, or on police officer. etc . ... ... ... 13

37......................Certificate of dismissal of complaint ... . ... ... ... ... ... ... 13

38. Certificate of dismissal or conviction and punishment to bar any other proceeding 14

39......................Assault occasioning actual bodily harm ... ... ... ... ... ... ... ... 14

40...........Common assault ................... ... ... ... ... ... ... ... ... ... 14

41..................Power to bind over offenders ... ... ... ... ... ... ... ... ... 14

FORCIBLE TAKING OR DETENTION OF PERSONS

42..................................Forcible taking or detention of person, with intent to sell him ... ... ... 14

43..................Stealing child under 14 years ... ... ... ... ... ... ... ... ... ... 14
44. Unlawful transfers of possession custody or control of other persons for valuable

consideration ............................ ... ... ... ... ... ... ... 15

BIGAMY

45. Bigamy................................ ... ... ... ... ... ... ... ... 16

ABORTION. CHILD DESTRUCTION AND INFANTICIDE

46. Administering drug or using instrument to procure abortion ... ... ... 16

47. Procuring drug, etc., with intent to cause abortion ... ... ... ... ... 17

47A. Medical termination of pregnancy ......... ... ... ... ... . ... 17

47B Child destruction . ....................... ... ... 19

47C Infanticide ............................... ... ... ... ... ... ... ... 19







47D Conviction on alternative offences ........ ... ... ... ... ... ... ... 19

CONCEALING THE BIRTH OF A CHILD

48................Concealing birth of child ... ... ... ... ... ... ... ... ... ... ... 20

ABOMINABLE OFFENCES

49. Sodomy, and bestiality ... ... ... 20
50. Attempt to commit unnatural offence ... ... ... ... ... ... ... ... 20

51. Act of gross indecency by male with male ... 1 .. ... ... ... ... ... ... 21
52. Consent ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 21
53. Definition of carnal knowledge ... ... ... ... ... ... . ... ... ... 21





Section Page
MAKING GUNPOWDER TO COMMIT OFFENCES, AND SEARCH THEREFOR

54. Making or having gunpowder with intent to commit felony ... ... ... ... 21
55. Power to issue warrant for searching house, etc., for gunpowder, etc. ... ... 21

MISCELLANEOUS

56....................................Apprehension of person loitering at night and suspected of felony ... 22

57.................................Punishment of principals in the second degree and accessories ... ... ... 22

58.............................Awarding of fine and sureties for keeping the peace ... ... ... ... ... 22

59....................................No summary conviction or warrant to be quashed for want of form ... ... 23

Schedule. Article II of Genocide Convention..... ... ... ... ... ... ... ... ... 23





CHAPTER 212

OFFENCES AGAINST THE PERSON

To consolidate and amend the laws relating to offences against the
person.

[14 June 1865.]

1. This Ordinance may be cited as the Offences against the Person
Ordinance.

(Amended, 5 of 1924, s. 6)

HOMICIDE

2. Any person who is convicted of murder shall suffer death as a
felon.

3. On every conviction for murder the court shall pronounce
sentence of death, and the same may be carried into execution, and all
other proceedings upon such sentence and in respect thereof may be
had and taken, in the same manner in all respects as sentence of death
might have been pronounced and carried into execution. and all other
proceedings thereupon and in respect thereof might have been had and
taken, before the commencement of this Ordinance, on a conviction for
any other felony for which the prisoner might have been sentenced to
suffer death as a felon.

4. The body of every person executed for murder shall be buried in
such place as the Governor may order.

(Aniended, 16 of 1963. s. 7)

5. All persons who within the Colony conspire, confederate. and
agree to murder any person, whether he is a subject of Her Majesty or
not and whether he is within Her Majesty's dominions or not, and any
person who within the Colony solicits, encourages,





persuades or endeavours to persuade, or proposes to any person to
murder any other person, whether he is a subject of Her Majesty or
not and whether he is within Her Majesty's dominions or not, shall
be guilty of an offence and shall be liable to imprisonment for
life.
(Amended, 30 of 1911, ss. 2 and 5)

6. Any offence which, before the commencement of the Act 9
George 4, chapter 31, entitled 'An Act for consolidating and amending
the Statutes in England relative to Offences against the Person,- would
have amounted according to the law of England to petit treason shall be
deemed to be murder only, and no greater offence; and all persons
guilty in respect thereof, whether as prinelpals or as accessories, shall
be dealt with, indicted, tried. and punished as principals and accessories
in murder.

7. Any person who is convicted of manslaughter shall be liable to
imprisonment for life and to pay such fine as the court may award.

(Amended 30 of' 1911, ss. 2, 5 and 11, and 50 of' 1911,
Schedule)

8. No punishment or forfeiture shall be incurred by any person who
kills another by misfortune, or in his own defence, or in any other
manner without felony.

8A. On an indictment for murder a person found not guilty of
murder may be found guilty of--

(a)any offence of which he may be found guilty under any
Ordinance specifically so providing, or under section 51(2) or
section 90(2) of the Criminal Procedure Ordinance; or

(b)an attempt to commit murder, or of an attempt to commit any
other offence of which he may be found guilty.

(Added, 5 of'1971, Schedule)

9. Where any person being feloniously stricken, poisoned, or
otherwise hurt at any place in the Colony dies of such stroke, poisoning,
or hurt upon the sea or at any place out of the Colony, every offence
committed in respect of any such case, whether the same amounts to the
offence of murder, or of manslaughter, or of being accessory to murder
or manslaughter. may be dealt with, inquired of. tried, determined, and
punished in the Colony in which such stroke, poisoning, or hurt
happens, in the same manner in all respects as if such offence had been
wholly committed in the Colony.

GENOCIDE

9A. (1) A person commits the felony of genocide if he commits any
act falling within the definition of---genocide'in Article 11 of the
Genocide Convention as set out in the Schedule.





(2) A person guilty of an offence of genocide shall on convic-
tion on indictment-

(a)if the offence consists of the killing of any person, be
sentenced to imprisonment for life;
(b) in any other case, be liable to imprisonment for 14 years.

(3) Proceedings for an offence of genocide shall not be in-
stituted except by or with the consent of the Attorney General.

(4) In this section-

'Genocide Convention' means the Convention on the Prevention
and Punishment of the Crime of Genocide approved by the
General Assembly of the United Nations on 9 December 1948.
(Added, 52 of 1969, s. 2)

ATTEMPTS TO MURDER

10. Any person who-

(a)administers to, or causes to be administered to, or to be
taken by any person any poison or other destructive thing;
or
(b)by any means whatsoever, wounds or causes any grievous
bodily harm to any person,

with intent in any of such cases to commit murder, shall be guilty of
felony, and shall be liable to imprisonment for life.
(Amended, 30 of 1911, ss. 2, 4 and 5)

11. Any person who, by the explosion of gunpowder or any
other explosive substance, destroys or damages any building with
intent to commit murder shall be guilty of felony, and shall be liable
to imprisonment for life.
(Amended, 30 of 1911, ss. 2, 4 and 5)

12. Any person who-

(a)sets fire to any ship or vessel, or any part thereof, or any
part of the tackle, apparel, or furniture thereof, or any
goods or chattels being therein; or
(b) casts away or destroys any ship or vessel,

with intent in any of such cases to commit murder, shall be guilty of
felony, and shall be liable to imprisonment for life.
(Amended, 30 of 1911, ss. 2, 4 and 5)

13. Any person who-

(a)attempts to administer to, or attempts to cause to be
administered to or to be taken by, any person any poison
or other destructive thing; or
(b) shoots at any person; or
(e)by drawing a trigger or in any other manner, attempts to
discharge any kind of loaded arms at any person; or





(d) attempts to drown, suffocate, or strangle any person,

with intent in any of such cases to commit murder, shall, whether any
bodily injury is effected or not, be guilty of felony, and shall be liable to
imprisonment for life.

(Amended, 30 qf 1911, ss. 2, 4 and 5)

14. Any person who, by any means other than those specified in
any of the preceding sections, attempts to commit murder shall be guilty
of felony, and shall be liable to imprisonment for life.

(Aniended, 30 qf 1911, ss. 2, 4 and 5, and 50 qf 1911,
Schedule)

LETTERS THREATENING TO
MURDER

15. Any person who maliciously sends, delivers, or utters, or
directly or indirectly causes to be received. knowing the contents
thereof, any letter or writing threatening to kill or murder any person
shall be guilty of felony and shall be liable to imprisonment for 10 years.

(Aniended, 30 of 1911 1, ss. 2, 4 and 5, and 39 of 1954 Second
Schedule

ACTS CAUSING OR TENDING TO CAUSE DANGER TO LIFE.
ETC.

16. Any person who---

(a)unlawfully and maliciously prevents or impedes any person
being on board of or having quitted any ship or vessel which
is in distress, or wrecked, stranded, or cast on shore, in his
endeavour to save his life, or

(h)unlawfully and maliciously prevents or impedes any person in
his endeavour to save the life of any such person as in this
section first afshall be guilty of felony, and shall be liable to imprisonment for life.
(Amended, 30 of 1911, ss. 2, 4 and 5)

17. Any person who---

(a)unlawfully and maliciously, by any means whatsoever,
wounds or causes any grievous bodily harm to any person; or

(b) shoots at any person; or

(c)by drawing a trigger or in any other manner, attempts to
discharge any kind of loaded arms at any person,

with intent in any of such cases to maim, disfigure, or disable any
person, or to do some other grievous bodily harm to any person, or with
intent to resist or prevent the lawful apprehension or detainer of any
person, shall be guilty of felony, and shall be liable to imprisonment for
life.

(Amended, 30 of 1911, ss. 2, 4 and 5)





18. Any gun, pistol, or other arm which is loaded in the barrel with
gunpowder or any other explosive substance, and ball, shot, slug, or
any other destructive material, shall be deemed to be loaded arms within
the meaning of this Ordinance, although the attempt to discharge the
same may fail from want of proper priming or from any other cause.

(Amended, 51 of 1911, Schedule)

19. Any person who unlawfully and maliciously wounds or inflicts
any grievous bodily harm upon any other person, either with or without
any weapon or instrument, shall be guilty of a misdemeanor and shall be
liable to imprisonment for 3 years.

(Amended, 30 of 1911, ss. 2 and 5)

20. Any person who-

(a)by any means whatsoever, attempts to choke, suffocate, or
strangle any other person; or

(b)by any means calculated to choke, suffocate, or strangle,
attempts to render any other person insensible, unconscious,
or incapable of resistance,

with intent in any of such cases thereby to enable himself or any other
person to commit, or with intent in any of such cases thereby to assist
any other person in committing, any indictable offence. shall be guilty
of felony, and shall be liable to imprisonment for life.

(Aniended, 30 of 911, ss. 2 and 5)

21. Any person who unlawfully applies or administers to or causes
to be taken by, or attempts to apply or administer to, or attempts to
cause to be administered to or taken by any person any chloroform,
laudanum' pepper, or other stupefying or overpowering drug, matter, or
thing, with intent in any of such cases thereby to enable himself or any
other person to commit, or with intent in any, of such cases thereby to
assist any other person in committing, any indictable offence, shall be
guilty of felony, and shall be liable to imprisonment for life.

(A mended, 30 of] 911, ss. 2 and 5)

22. Any person who unlawfully and maliciously administers to, or
causes to be administered to or taken by, any other person any poison
or other destructive or noxious thing, so as thereby to endanger the life
of such person or so as thereby to inflict upon such person any
grievous bodily harm, shall be guilty of felony, and shall be liable to
imprisonment for 10 years.

(Amended, 30 qf 1911, ss. 2 and 5)

23. Any person who unlawfully and maliciously administers to, or
causes to be administered to or taken by, any other person any poison
or other destructive or noxious thing, with intent to injure, aggrieve, or
annoy such person, shall be guilty of a misdemeanor, and shall be liable
to imprisonment for 3 years.

(Amended, 30 of 1911 911, ss. 2
and 5)





24. If, on the trial of any person for any felony mentioned in section
22, the jury are not satisfied that such person is guilty thereof, but are
satisfied that he is guilty of any misdemeanor mentioned in section 23,
the jury may acquit the accused of such felony and find him guilty of
such misdemeanor, and thereupon he shall be liable to be punished in
the same manner as if he had been convicted on an indictment for such
misdemeanor.

(Amended, 50 of 1911, Schedule, and 5 of 1 924, s. 8)

25. Any person who-

(a)being legally liable, either as a master or mistress, to provide
for any apprentice or servant necessary food, clothing, or
lodging, wilfully and without lawful excuse refuses or neglects
to provide the same, or

(b)unlawfully and maliciously does or causes to be done any
bodily harm to any such apprentice or servant,

so that the life of such apprentice or servant is endangered, or the
health of such apprentice or servant has been or is likely to be
permanently injured, shall be guilty of a misdemeanor, and shall be liable
to imprisonment for 3 years.

(Amended, 30 of 1911, ss. 2 and 5)

26. Any person who unlawfully abandons or exposes any child.
being under the age of 2 years, whereby the life of such child is
endangered, or the health of such child is or is likely to be permanently
injured, shall be guilty of a misdemeanor, and shall be liable to
imprisonment for 3 years.

(Amended, 30 of 1911, ss. 2 and 5)

27. (1) If any person over the age of 16 years who has the custody,
charge or care of any child or young person under that age wilfully
assaults, ill-treats, neglects, abandons or exposes such child or young
person or causes or procures such child or young person to be
assaulted, ill-treated, neglected, abandoned or exposed in a manner
likely to cause such child or young person unnecessary suffering or
injury to his health (including injury to or loss of sight, or hearing, or
limb, or organ of the body, or any mental derangement) such person
shall be guilty of a misdemeanor and shall be liable

(a)on conviction on indictment to a fine of $2,000 and to
imprisonment for 2 years; or (Amended, 22 of 1950, Schedule)

(b)on summary conviction to a fine of $250 and to imprisonment
for 6 months,

and for the purposes of this section a parent or other person over the
age of 16 having the custody, charge or care of a child or young person
under that age shall be deemed to have neglected him in a manner likely
to cause injury to his health if he fails to provide





adequate food, clothing or lodging for the child or young person, or if,
being unable otherwise to provide such food, clothing or lodging, he
knowingly and wilfully fails to take steps to procure the same to be
provided by some authority, society or institution which undertakes to
make such provision for necessitous children or young persons.

(2) A person may be convicted of an offence under this section,
either on indictment or by a court of summary jurisdiction.
notwithstanding that actual suffering or injury to health or the likelihood
of such suffering or injury to health was obviated by the action of
another person.

(3) A person may be convicted of an offence under this section,
either on indictment or by a court of summary jurisdiction.
notwithstanding the death of the child or young person in respect of
whom the offence is committed.

(Added, 9 qf 1913 2)

28. Any person who unlawfully and maliciously, by the explosion
of gunpowder or any other explosive substance, burns, maims,
disfigures, disables, or does any grievous bodily harm to any person
shall be guilty of felony, and shall be liable to imprisonment for life.

(Amended 30 (?1'1911, ss. 2, 4 and 5, and 39 of 1954 Second
Schedule)

29. Any person who unlawfully and maliciously---

(a)causes any gunpowder or other explosive substance to
explode; or

(b)sends or delivers to, or causes to be taken or received by. any
person any explosive substance or any other dangerous or
noxious thing; or

(c)puts or lays at any place, or casts or throws at or upon or
otherwise applies to any person, any corrosive fluid or any
destructive or explosive substance,

with intent in any of such cases to burn, maim, disfigure, or disable any
person or to do some grievous bodily harm to any person, shall.
whether any bodily injury is effected or not, be guilty of felony. and
shall be liable to imprisonment for life.

(Aniended, 30 of 1911, ss. 2, 4 and 5, and 39 of' 1954.
Schedule)

29A. Any person who without lawful authority or reasonable
excuse has in his possession or custody or under his control in any,
public place any corrosive fluid which is capable of inflicting grievous
bodily harm shall be guilty of an offence and shall be liable on
conviction to imprisonment for 3 years.

(Added, 8 of 1969, s. 2)





30. Any person who unlawfully and maliciously places or throws
in, into. upon, against or near any building, ship. or vessel any,
gunpowder or other explosive substance, with intent to do any bodily
injury to any person, shall, whether or not any explosion takes place
and whether or not any bodily injury is effected, be guilty of felony, and
shall be liable to imprisonment for 14 years.

(Amended, 30 of 1911, ss. 2, 4 and 5, and 39 of 1954,

31. (1) Any person who sets or places, or causes to be set or
placed. any spring gun. man trap, or other engine calculated to destroy
human life or to inflict grievous bodily harm, with intent that the same or
whereby the same may destroy or inflict grievous bodily harm upon a
trespasser or other person coming in contact therewith shall be guilty of
a misdemeanor. and shall be liable to imprisonment for 3 years.
(Aniended, 30 of '1911, ss. 2 and 5)

(2) An\, person who knowingly and wilfully permits any such
spring gun. man trap, or other engine which may have been set or
placed in any place then being in or afterwards coming into his
possession or occupation by some other person to continue so set or
placed shall be deemed to have set and placed such gun. trap. or engine
with such intent as aforesaid:

C

Provided that that

(a) nothing in this section shall extend to make it illegal to set



or place any gun or trap such as may have been or may be
usually set or placed with the intent of destroying vermin, and

(b)nothing in this section shall be deemed to make it unlawful to
set or place or cause to be set or placed, or to be continued set
or placed, from sunset to sunrise, any spring gun. man trap, or
other engine which is set or placed, or caused or continued to
be set or placed, in a dwellinghouse, for the protection thereof.

32. (1) Any person who unlawfully and maliciously puts or throws
upon or across any railway any wood, stone, or other matter or thing, or
unlawfully and maliciously takes up, removes, or displaces any rail,
steeper, or other matter or thing belonging to any railway, or unlawfully
and maliciously turns, moves, or diverts any points or other machinery
belonging to any railway, or unlawfully and maliciouly makes or shows,
hides or removes, any signal or light upon or near to any railway, or
unlawfully and maliciously does or causes to be done any other matter
or thing, with intent, in any of the cases aforesaid, to endanger the
safety of any person travelling or being upon such railway, shall be
guilty of felony, and shall be liable to imprisonment for 14 years.
(Amended, 30 of 1911, s. 2, and 39 of 1954, Second Schedule)





(2) Any person who unlawfully and maliciously throws or causes to
fall or strike, at, against, into, or upon any engine, tender. carriage, or
truck used upon any railway, any wood, stone, or other matter or thing,
with intent to injure or endanger the safety of any person being in or
upon such engine, tender, carriage, or truck, or in or upon any other
engine, tender, carriage, or truck of any train of which such first-
mentioned engine, tender, carriage, or truck shall form part, shall be
guilty of felony, and shall be liable to imprisonment for 14 years.
(Amended, 30 of 1911, s. 2)

(3) Any person who, by any unlawful act, or by any wilful omission
or neglect, endangers or causes to be endangered the safety of any
person conveyed or being in or likely to be in or upon or near to a
railway, or aids or assists therein, shall be guilty of a misdemeanor
triable summarily, and shall be liable to imprisonment for 2 years.
(Amended, 30 of 1911, s. 2, and 22 of 1950, s. 3)

(4) For the purposes of this section, 'railway' includes 'tramway'.

(Added, 7 of'] 911, s. 2)

33. Any person who, having the charge of any carriage or vehicle,
by wanton or furious driving or racing or other wilful misconduct, or by
wilful neglect, does or causes to be done any bodily harm to any person
shall be guilty of a misdemeanor triable summarily. and shall be liable to
imprisonment for 2 years.

(Amended, 30 of 1911. ss. 2 and 5. and 22 of 1950. s. 3)

SUICIDE

33A. The rule of law whereby it is a crime for a person to commit
suicide is hereby abrogated.

(Added, 71 of 1967. s. 2)

33B. (1) A person who aids, abets, counsels or procures the suicide
of another, or an attempt by another to commit suicide, shall be guilty of
felony and shall be liable on conviction to imprisonment for 14 years.

(2) If on the trial of an indictment for murder or manslaughter it is
proved that the accused aided, abetted, counselled or procured the
suicide of the person in question, the jury may find him guilty of the
offence so proved.

(3) No proceedings shall be instituted for an offence under this
section except with the consent of the Attorney General.

(Added, 71 of 1967, s. 2)

ASSAULTS

34. Any person who-

(a)by threats or force, obstructs or prevents, or endeavours to
obstruct or prevent, any clergyman or other minister in or from
celebrating divine service or otherwise officiating in any
church, chapel, meeting house, or other place of divine





worship, or in or from the performance of his duty in the
lawful burial of the dead in any churchyard or other burial
place, or

(b)strikes or offers any violence to, or upon any civil process. or
under the pretence of executing any civil process, arrests. any
clergyman or other minister who is engaged in. or, to the
knowledge of the offender, is about to engage in. any of the
rites or duties in this section aforesaid. or who, to the
knowledge of the offender, is going to perform the same or is
returning from the performance thereof,

shall be guilty of a misdemeanor triable summarily, and shall be liable to
imprisonment for 2 Years.

(Aniended, 30 of 1911 ss. 2 and 5, and 22 of 1950 s. 3)

35. Any person who assaults and strikes or wounds any magistrate
justice of the peace. officer, or other person whomsoever

fully authorized, in or on account of the exercise of his duty in or
concerning the preservation of any vessel in distress, or of any vessel,
,goods, or effects wrecked. stranded, or cast on shore, or lying under
water. shall be guilty of a misdemeanor, and shall be liable to
imprisonment for 7 years.

Amended 30 of 1911. ss. 2 and 5; 50. of 1911. s. 4, and 1 of' 1912. Y.
2)

36. Any person who(a) assaults any person with intent to commit
felony; or

(b)assaults, resists, or wilfully obstructs any police officer in the
due execution of his duty or any person acting in aid of such
officer; or

(c)assaults any person with intent to resist or prevent the lawful
apprehension or detainer of himself or of any other person for
any offence,

shall be guilty of a misdemeanor triable summarily, and shall be liable to
imprisonment for 2 years.

(Amended, 30 of 1911, ss. 2 and 5; 51 of'] 911, s. 2, and 22 of
1950.s.3)

37. If the magistrate, on the hearing of any case of assault or
battery upon the merits, where the complaint is preferred by of on behalf
of the party aggrieved, deems the offence not to be proved, or finds the
assault or battery to have been justified or so trifling as not to merit any
punishment, and accordingly dismisses the complaint. he shall forthwith
make out a certificate under his hand stating the fact of such dismissal,
and shall deliver such certificate to the party against whom the
complaint was preferred.





38. If any person against whom any such complaint is preferred by
or on behalf of the party aggrieved obtains such certificate of dismissal,
or, having been convicted, pays the whole amount adjudged to be paid,
or suffers the imprisonment awarded, in every such case he shall be
released from all further or other proceedings. civil or criminal, for the
same cause.

(Amended, 50 of 1911, Schedule)

39. Any person who is convicted of an assault occasioning actual
bodily harm shall be guilty of a misdemeanor and shall he liable to
imprisonment for 3 years.

(Replaced, 24 of 1950, Schedule)

40. Any person who is convicted of a common assault shall be
guilty of a misdemeanor triable summarily, and shall be liable to
imprisonment for 1 year.

(Replaced, 24 of 1950, Schedule. Aniended, 22 of 1950,
s.3)

41. In the event of a conviction under section 39 or 40, the
convicting court may, in addition to imposing any penalty, order the
offender to enter into a recognizance, with or without sureties, in a sum
riot greater than $500; to keep the peace or to be of good behaviour for a
period not exceeding 12 months.

(Added, 24 of 1950. Schedule

FORCIBLE TAKING OR DETENTION OF PERSONS

42. Any person who, by force or fraud, takes away or detains
against his or her will any man or boy, woman or female child. with
intent to sell him or her, or to procure a ransom or benefit for his or her
liberation. shall be guilty of felony. and shall be liable to imprisonment
for 14 years.

(Amended, 30 oof 1911, ss. 2, 4 and 5, and 51 qf' 1911,
Schedule)

43. (1) Any person who-

(a)unlawfully, by any means, leads or takes away, or decoys or
entices away, or detains any child under the age of 14 years,
with intent to deprive any parent, guardian. or other person
having the lawful care or charge of such child of the
possession of such child, or with intent to steal any article
upon or about the person of such child, to whomsoever such
article may belong; or (Aniended, 13 of 1929,s. 2)

(b)with any such intent receives or harbours any such child,
knowing the same to have been led, taken, decoyed, enticed
away, or detained as in this section before men

tioned,(Amended, 25 of 1930, s. 4)





shall be guilty of felony, and shall be liable to imprisonment for 7 years:
(Aniended, 30 of 1911, ss. 2, 4 and 5, and 39 ol' 1954, Second
Schedule)

Provided that no person who has bona fide claimed any right to the
possession of such child, or is the mother or has bona fide claimed to be
the father of an illegitimate child, shall be liable to be prosecuted by
virtue hereof on account of the getting possession of such child or
taking such child out of the possession of any person having the lawful
charge thereof. (Aniended, 13 of' 1929, s. 2)

(2) For the purposes of this section, the adoptive parent of a child
under the age of 14 years, and the employer of a child under the age of
14 years. shall be deemed to have had the lawful care or charge of such
child:

Provident that--

(a)nothing in this subsection shall be construed as affecting any
rights vested in or conferred on the Director of Social Welfare
by or under the Protection of Women and Juveniles
Ordinance; and (Aniended, 1 of 1958 Schedule)

(b)nothing in this subsection shall be construed as conferring
upon any adoptive parent or employer any right of retaining
possession. custody or control of any child as against the
child's parent or guardian. or as against the child. (Added. 13
of 1929 s. 2)

44. (1) Any person who takes any part in any transaction the
object or one of the objects of which is to transfer or confer, wholly or
partly, temporarily or permanently, the possession, custody or control
of any other person for any valuable consideration shall be guilty of a
misdemeanor triable summarily, and shall be liable to imprisonment for 2
years. (Aniended, 22 of 1950, s. 3)

(2) Any person who without lawful authority or excuse harbours or
has in his possession, custody or control any person with respect to
whom the temporary or permanent possession, custody or control has
been transferred or conferred for valuable consideration by any other
person within or without the Colony shall be guilty of a misdemeanor
triable summarily, and shall be liable to imprisonment for 2 years.
(Amended, 22 qf 1950, s. 3)

(3) Nothing in this section shall be construed as affecting the
customary giving or receiving of presents on occasions of bona fide
betrothals. weddings or adoptions.

(4) No prosecution under this section shall be instituted without
the consent of the Director of Social Welfare:

Provided that such consent shall not be necessary for the arrest of
any person suspected of having contravened this section. (Amended, 1
of 1958, Schedule)





(5) The consent of the person intended to be, or actually.
unlawfully transferred, taken into possession, custody or control or
harboured, or the receipt by such person of the consideration. or any
part thereof, shall be no defence to a charge or indictment under this
section. (Added, 7 of 1939, s. 2)

(Added, 16 of 1938, s. 2)

BIGAMY

45. Any person who, being married, marries any other person
during the life of the former husband or wife shall be guilty of felony,
and shall be liable to imprisonment for 7 years:

Provided that nothing in this section shall extend to any person
marrying a second time whose husband or wife has been continually
absent from such person for the space of 7 years then last past, and has
not been known by such person to be living within that time, or to any
person who, at the time of such second marriage, has been divorced
from the bond of the first marriage, or to any person whose former
marriage has been declared void by the sentence of any court of
competent jurisdiction.

(Amended, 30 of 1911 ss. 2 and 5)

ABORTION CHILD DESTRUCTION AND INFANTICIDE
(Replaced, 13 ol 1981, s. 2)

46. Any woman, being with child, who, with intent to procure her
own miscarriage, unlawfully administers to herself any poison or other
noxious thing, or unlawfully uses any instrument or other means
whatsoever with the like intent, and any person who, with intent to
procure the miscarriage of any woman, whether she is or is not with
child. unlawfully administers or causes to be taken by her any poison or
other noxious thing, or unlawfully uses any instrument or other means
whatsoever with the like intent, shall be guilty of felony, and shall be
liable to

(a)imprisonment for 7 years and to pay such fine as the court may
award in the case of a woman, being with child. who with intent
to procure her own miscarriage, has unlawfully administered to
herself any poison or other noxious thing, or has unlawfully
used any instrument or other means whatsoever with the like
intent, and

(b)imprisonment for life and to pay such fine as the court may,
award in the case of any person who with intent to procure the
miscarriage of any woman, whether she was or was not with
child, has unlawfully administered or caused to be taken by her
any poison or other noxious thing, or has unlawfully used any
instrument or other means whatsoever with the like intent.

(A mended, 30 of'] 911, ss. 2, 4 and 5 and 13 ol'] 98 1, s. 3)





47. Any person who unlawfully supplies or procures any poison or
other noxious thing or any instrument or thing whatsoever, knowing
that the same is intended to be unlawfully used or employed with intent
to procure the miscarriage of any woman, whether she is or is not with
child, shall be guilty of a misdemeanor, and shall be liable to
imprisonment for 3 years.

(Aniended, 30 of 1911, ss. 2 and 5)

47A. (1) Subject to this section, a person shall not be guilty of an
offence under section 46 or 47 when a pregnancy is terminated by a
registered medical practitioner if 2 registered medical practitioners are of
the opinion, formed in good faith that

(a)the continuance of the pregnancy would involve risk to the life
of the pregnant woman or of injury to the physical or mental
health of the pregnant woman, greater than if the pregnancy
were terminated; or

(b)there is a substantial risk that if the child were born, it would
suffer from such physical or mental abnormality as to be
seriously handicapped. (Replaced, 13 of 1981 s. 4)

(2) In determining whether the continuance of a pregnancy would
involve such risk of injury to health as is mentioned in subsection (1),
account may be taken of the pregnant woman's actual or reasonably
foreseeable environment.

(2A) Without prejudice to the generality of subsection (22)--

(a)in the case of a woman who is with child before attaining the
age of 16; or

(b)in the case of a woman who has been the victim of sexual
intercourse which constitutes an offence under section 47,
118, 119, 120 or 121 of the Crimes Ordinance and who has made
a report to any police officer within a period not exceeding 3
months after the date upon which she alleges any such
offence was committed,

a registered medical practitioner who is in doubt as to whether, in fact,
the continuance of her pregnancy would or would not, involve risk of
injury to her physical or mental health greater than if her pregnancy
were terminated may, in forming an opinion for the purpose of
subsection (])(a), presume that the continuance of her pregnancy would
involve risk of injury to her physical and mental health greater than if
the pregnancy were terminated. (A Added 13 qf 1981, s. 4)

(2B) Subject to this section, a registered medical practitioner who
terminates the pregnancy of a woman who he believes has been the
victim of sexual intercourse which constitutes an offence under section
47, 118, 119, 120 or 121 of the Crimes Ordinance, shall not be liable to
prosecution under sections 46 and 47; and it shall be presumed until the
contrary is proved that he believed the woman to have been the victim
of such sexual intercourse if the woman





made a report to a police officer within a period not exceeding 3 months
after the date upon which she alleges any such offence was committed.
(Added, 13 of 1981. s. 4)

(2C) For the purposes of sections 46 and 47, nothing in subsection
(1), (2A) or (2B) shall be taken to authorize the termination of a
pregnancy which is of more than 24 weeks duration. unless such
termination is in the opinion of 2 registered medical practitioners formed
in good faith, necessary to save the life of the pregnant woman. (Added,
13 of 1981, s. 4)

(3) Except as provided by subsection(4) any treatment for the
termination of pregnancy must be carried out in a hospital or clinic
maintained by the Crown or declared by the Director of Medical and
Health Service by notice published in the Gazette to be an approved
hospital or clinic for the purposes of this section.

(4) Subsection (3) shall not apply to the termination of a pregnancy
by a registered medical practitioner if 2 registered medical practitioners
are of the opinion, formed in good faith, that the termination is
immediately necessary to save the life or to prevent grave permanent
injury to the physical or mental health of the pregnant woman.

(5) The Governor in Council may make regulations---

(a)requiring any such opinion as is referred to in subsection (1) to
be certified by the registered medical practitioners concerned,
in such form and within such time as may be prescribed and
requiring the preservation and disposal of certificates made for
the purposes of the regulations;

(b)requiring a registered medical practitioner who terminates a
pregnancy to give notice of the termination. and such other
information relating to the termination as may be prescribed, to
the Director of Medical and Health Services

prohibiting the disclosure, except to such persons or for such
purposes as may be prescribed, of notices given or
information furnished pursuant to the regulations.

(6) Subject to subsection (7), no person shall be under any duty,
whether by contract or by any statutory or other legal requirement, to
participate in any treatment authorized by this section to which he has a
conscientious objection, but in any legal proceedings the burden of
proof of conscientious objection rests on the person claiming to rely on
it.

(7) Nothing in subsection (6) shall affect any duty to participate in
treatment which is necessary to save the life, or to prevent grave
permanent injury to the physical or mental health, of a pregnant woman.

(7A) Nothing in this section shall affect the provisions of

section 47B or 47C 13 of 1981, s. 4)





(8) For the purposes of sections 46 and 47, anything done with
intent to procure the miscarriage of a woman is unlawfully done unless
authorized by virtue of the provisions of this section.

(Added, 15 of 1972, s. 2. Amended, 12 of 1976, s. 2)

47B. (1) Subject to subsection (2) any person who, with intent to
destroy the life of a child capable of being born alive, by any wilful act
causes a child to die before it has an existence independent of its mother
shall be guilty of child destruction, and shall be liable to be punished as
if he were guilty of manslaughter.

(2) Notwithstanding subsection (1) a person shall not be guilty of
an offence under this section unless it is proved that the act which
caused the death of the child was not done in good faith for the
purpose only of preserving the life of the mother.

(3) Where in any proceedings under this section it is proved that
the mother had at any material time been pregnant for a period of 28
weeks or more, it shall be presumed until the contrary is proved that the
mother was at that time pregnant of a child capable of being born alive.

(Added, 13 of 1981, s. 5)

47C. Where a woman by any wilful act or omission causes the death
of her child being a child under the age of 12 months but at the time of
the act or omission the balance of her mind was disturbed by reason of
her not having fully recovered from the effect of giving birth to the child
or by reason of the effect of lactation consequent upon the birth of the
child, then, notwithstanding that the circumstances were such that but
for the provisions of this section the offence would have amounted to
murder, she shall be guilty of infanticide, and shall be liable to be
punished as if she were guilty of manslaughter.

(Added, 13 of 1981, s. 5)

47D. (1) Where upon the trial of any person for the murder or
manslaughter of any child, or for an offence under section 46 or 47C, the
jury are of the opinion that the person charged is not guilty of murder,
manslaughter or of an offence under section 46 or 47C, as the case may
be, but that he is shown by the evidence to be guilty of an offence
under section 47B(1), the jury may find him guilty of that offence, and
thereupon the person convicted shall be liable to be punished as if he
had been convicted upon indictment for an offence under section
47B(1).

(2) Where upon the trial of a woman for the murder of her child,
being a child under the age of 12 months, the jury are of the opinion that
she by any wilful act or omission caused its death, but that at the time
of the act or omission the balance of her mind was disturbed by reason
of her not having fully recovered from the effect of giving birth to the
child or by reason of the effect of lactation consequent upon the birth
of the child and it is shown by the evidence that but for the provisions
of section 47C, she would have





been guilty of murder, the jury may find her guilty of an offence under
section 47C and she shall be liable to be punished as if she were guilty
of manslaughter.

(3) Where upon the trial of any person for an offence under section
47B(1) the jury are of the opinion that the person charged is not guilty of
that offence, but that he is shown by the evidence to be guilty of an
offence under section 46, the jury may find him guilty of that offence,
and thereupon the person convicted shall be liable to be punished as if
he had been convicted upon indictment for an offence under section 46.

(4) Where upon the trial of any person for the murder or
manslaughter of any child or for an offence under section 47B(1) or 47C
the jury are of the opinion that the person charged is not guilty of
murder, manslaughter or of an offence under section 47B(1) or 47C, as
the case may be, and it appears in evidence that the child had recently
been born and that such person did in any manner dispose of the dead
body of the child with intent to conceal its birth, the jury may find such
person guilty of an offence under section 48 and thereupon the person
convicted shall be liable to be punished as if he had been convicted
upon indictment for an offence under section 48.

(5) For the purposes of subsection (4), a child shall be deemed to
have recently been born if it had been born within 12 months before its
death.

(6) Nothing in section 47B or 47C shall affect the power of the jury
upon the trial of any person for the murder of any child to find him
guilty of manslaughter or not guilty by reason of insanity.

(Added, 13 of 1981. s. 5)

CONCEALING THE BIRTH OF A CHILD

48. Any person who in any manner disposes of the dead body of a
child with intent to conceal the fact of its birth whether the child died
before, or during, or after birth, commits an offence and is liable on
conviction to imprisonment for 2 years.

(Replaced, 13 of 1981. s. 6)

ABOMINABLE
OFFENCES

49. Any person who is convicted of the abominable crime of
buggery, committed either with mankind or with any animal, shall be
guilty of felony, and shall be liable to imprisonment for life.

(Amended, 30 qf 1911, ss. 2 and 5)

50. Any person who-

(a) attempts to commit the said abominable crime, or

(b)is guilty of any assault with intent to commit the same. or of
any indecent assault upon any male person,





shall be guilty of a misdemeanor, and shall be liable to imprisonment for
10 years.

(A mended, 30 qf] 911, ss. 2 and 5)

51. Any male person who, in public or private, commits, or is a
party to the commission of, or procures or attempts to procure the
commission by any male person of any act of gross indecency with
another male person shall be guilty of a misdemeanor triable summarily,
and shall be liable to imprisonment for 2 years.

(3 of 1901, s. 2, incorporated. Amended 30 qf 1911, ss. 2
and 5, and 22 of 1950. s. 3)

52. It shall be no defence to a charge or indictment for an indecent
assault on a male person under the age of 13 to prove that he
consented, to the act of indecency.

(3 of 1901. s. 3, incorporated)

53. Whenever, on the trial of any offence punishable under this or
any other Ordinance. it is necessary to prove carnal knowledge, it shall
not be necessary to prove the actual emission of seed in order to
constitute a carnal knowledge. but carnal knowledge shall be deemed
complete on proof of penetration only.

(Amended, 51 of 1911 Schedule)

MAKING GUNPOWDER TO COMMIT OFFENCES,
AND
SEARCH THEREFOR

54. Any person who knowingly has in his possession, or makes or
manufactures, any gunpowder, explosive substance, or dangerous or
noxious thing, or any machine, engine, instrument, or thing, with intent
by means thereof to commit, or for the purpose of enabling any other
person to commit, any of the felonies mentioned in this Ordinance, shall
be guilty of a misdemeanor, and shall be liable to imprisonment for 2
years.

(A mended 30 ol'] 911, ss. 2, 4 and 5, and 39 of 1954, Second
Schedule)

55. (1) On reasonable cause assigned 'upon oath by any person
that any such gunpowder, or other explosive, dangerous, or noxious
substance or thing, or any such machine, engine, instrument, or thing is
suspected to be made, kept, or carried for the purpose of being used in
committing any of the felonies mentioned in this Ordinance, a magistrate
may issue a warrant for searching, in the day-time, any house, mill,
magazine, storehouse, warehouse, shop, cellar, yard, wharf, or other
place, or any carriage, wagon, cart, ship, boat, or vessel, in which the
same is suspected to be made, kept, or carried for such purpose as
hereinbefore mentioned; and the said substances and things shall be
brought before a magistrate, and, on proof that the same have been
made, kept, or carried for any of the purposes aforesaid, whether in the
presence 1 or absence of the





owner of the said substances and things, a magistrate may declare the
same to be forfeited. (Amended, 50 of 1911, s. 4 and Schedule; 51 of
1911, s. 4, and 21 of 1912, s. 2)

(2) Any magistrate and person acting in the execution of any such
warrant shall have, for seizing, removing to proper places, and detaining
all such gunpowder, explosive, dangerous, or noxious substances,
machines. engines, instruments, or things, found upon such search,
which he may have good cause to suspect to be intended to be used in
committing any such offence, and the barrels, packages, cases, and
other receptacles in which the same may be, the same powers and
protections which are given by any Ordinance relating to gunpowder.
(Amended, 50 of 1911, Schedule, and 21 of 1912,s.2)

MISCELLANEOUS

56. Any police officer may take into custody, without a warrant,
any person whom he finds lying or loitering or being in any highway,
yard, or other place during the night, and whom he has good cause to
suspect of having committed, or being about to commit, or intending to
commit any felony or misdemeanor mentioned in this Ordinance, and
shall take such person, as soon as reasonably may be, before a
magistrate, to be dealt with according to law.

(Amended, 50 qf191 1, s. 4 and Schedule; 51 of 1911 1, s. 4 and
Schedule, and 21 of 1912. s. 2)

57. (1) In the case of every felony punishable under this Ordinance,
every principal in the second degree, and every accessory before the
fact, shall be punishable in the same manner as the principal in the first
degree is by this Ordinance punishable.

(2) Any accessory after the fact to any felony punishable under
this Ordinance (except murder) shall be guilty of a misdemeanor triable
summarily, and shall be liable to imprisonment for

years. (Aniended, 30 of 1911, s. 2, and 22 of 1950.s. 3)

(3) Any accessory after the fact to murder shall be liable to
imprisonment for life. (Amended, 30 of 1911, ss. 2 and 5)

(4) Any person who conceals, aids, or abets the commission of any
indictable misdemeanor punishable under this Ordinance shall be liable
to be proceeded against, indicted, and punished, as a principal offender.

58. Wherever any person is convicted of any indictable
misdemeanor punishable under this Ordinance, the court may, in
addition to or in lieu of any punishment authorized by this Ordinance,
fine the offender, and require him to enter into his own recognizances
and to find sureties, both or either, for keeping the peace and being of
good behaviour; and, in case of any felony punishable under this
Ordinance otherwise than with death. the





court may require the offender to enter into his own recognizances and
to find sureties, both or either, for keeping the peace, in addition to any
punishment authorized by. this Ordinance:

Provided that no person shall be imprisoned for not finding
sureties under this section for any period exceeding 1 Year.

(Amended, 50 of 1911 I, Schedule)

59. 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.

SCHEDULE 9A.]

ARTICLE 11 OF GENOCIDE
CONVENTION

In the present Convention genocide means an\ ofthe following acts
Committed with intent to destroy. in whole or in part. a national. ethnical. racial
or religious group. as such:

(a) killing members of the group:

17) causing serious bodily or mental harm to members ofthe group.

deliberately inflicting on the group conditions of life calculated to bring
about its physical destruction in whole or in part:

(d imposing measures intended to prevent births within the group,

(c) foreibly transferring children of the group to another group.

52 of 1969, s. 3
Originally 4 of 1865. (Cap. 212, 1950.) 1 of 1866. 3 of 1868. 3 of 1901. 7 of 1911. 30 of 1911. 50 of 1911. 51 of 1911. 21 of 1912. 43 of 1912. 9 of 1913. 5 of 1924. 13 of 1929. 25 of 1930. 5 of 1938. 16 of 1938. 7 of 1939. 8 of 1948. 20 of 1948. 22 of 1950. 24 of 1950. 39 of 1954. 1 of 1958. 16 of 1963. 71 of 1967. 8 of 1969. 52 of 1969. 5 of 1971. 15 of 1972. L.N. 69/74. 12 of 1976. 13 of 1981. Short title. 1861 c. 100. Murder. 1861 c. 100, s. 1. Sentence for murder. 1861 c. 100, s. 2. Burial of body of person executed. 1861 c. 100, s. 3. Conspiring or soliciting to commit murder. 1861 c. 100, s. 4. Petit treason to be murder. 1861 c. 100, s. 8. Manslaughter. 1861 c. 100, s.5. Excusable homicide. 1861 c. 100, s. 7. Alternative verdicts. [cf. 1967 c. 58, s. 6.] (Cap. 221.) Trial of homicide where cause of death only happens in the Colony. 1861 c. 100, s. 10. Genocide. Schedule. Administering poison or wounding with intent to murder. 1861 c. 100, s. 11. Destroying or damaging building with intent to murder. 1861 c. 100, s. 12. Setting fire to or causing away ship with intent to murder. 1861 c. 100, s. 13. Attempting to administer poison, or shooting, or attempting to shoot or drown, etc., with intent to murder. 1861 c. 100, s. 14. Attempting to commit murder by means not specified. 1861 c. 100, s. 15. Sending letter threatening to murder. 1861 c. 100, s. 16. Impeding person endeavouring to save himself or another from shipwreck. 1861 c. 100, s. 17. Shooting or attempting to shoot, or wounding or striking with intent to do grievous bodily harm. 1861 c. 100, s. 18. Definition of loaded arms. 1861 c. 100, s. 19. Wounding or inflicting grievous bodily harm. 1861 c. 100, s. 20. Attempting to choke, etc., in order to commit indictable offence. 1861 c. 100, s. 21. Using chloroform, etc., in order to commit indictable offence. 1861 c. 100, s. 22. Administering poison, etc., so as to endanger life or inflict grievous bodily harm. 1861 c. 100, s. 23. Administering poison, etc., with intent to injure, etc. 1861 c. 100, s. 24. Conviction for offence under s. 23 on trial for offence under s. 22. 1861 c. 100, s. 25. Failure to provide apprentice or servant with food, etc., whereby life is endangered, etc. 1861 c. 100, s. 26. Exposing child whereby life is endangered. 1861 c. 100, s. 27. Ill-treatment or neglect by those in charge of child or young persons. [cf. 1908 c. 67, s. 12.] Causing bodily injury by gun-powder, etc. 1861 c. 100, s. 28. Causing gunpowder to explode, etc., or throwing corrosive fluid, with intent to do grievous bodily harm. 1861 c. 100, s. 29. Possession of corrosive substance. Placing gunpowder near building, etc., with intent to do bodily injury. 1861 c. 100, s. 30. Setting spring gun, etc., with intent to inflict grievous bodily harm. 1861 c. 100, s. 31. Placing wood, etc., on a railway with intent to endanger passengers; 1861 c. 100, s. 32. casting stone, etc., upon a railway carriage with intent to endanger the safety of any person therein; 1861 c. 100, s. 33. doing or omitting anything endangering passenger; 1861 c. 100, s. 34. meaning of 'railway'. Driver of carriage, etc., injuring person by furious driving. 1861 c. 100, s. 35. Suicide to cease to be a crime. 1961 c. 60, s. 1. Criminal liability for complicity in another's suicide. 1961 c. 60, s. 2. Obstructing or assaulting clergyman, etc., in discharge of his duties. 1861 c. 100, s. 36. Assaulting magistrate, etc., on account of his preserving wreck. 1861 c. 100, s. 37. Assault with intent to commit felony, or on police officer, etc. 1861 c. 100, s. 38. Certificate of dismissal of complaint. 1861 c. 100, s. 44. Certificate of dismissal or conviction and punishment to bar any other proceeding. 1861 c. 100, s. 45. Assault occasioning actual bodily harm. [cf. 1861 c. 100, s. 4.] Common assault. [cf. 1861 c. 100, s. 47.] Power to bind over offenders. [cf. 1925 c. 86, s. 39(3).] Forcible taking or detention of person, with intent to sell him. [cf. 1861 c. 100, s. 56.] Stealing child under 14 years. [cf. 1861 c. 100, s. 56.] (Cap. 213.) Unlawful transfers of possession custody or control of other persons for valuable consideration. Bigamy. 1861 c. 100, s. 57. Administering drug or using instrument to procure abortion. 1861 c. 100, s. 58. Procuring drug, etc., with intent to cause abortion. 1861 c. 100, s. 59. Medical termination of pregnancy. 1967 c. 87, s. 1. (Cap. 200.) (Cap. 200.) 1967 c. 87, s. 2. 1967 c. 87, s. 4. 1967 c. 87, s. 5(2). Child destruction. [cf. 1929 c. 34.] Infanticide. Conviction on alternative offences. Concealing birth of child. Sodomy and bestiality. 1861 c. 100, s. 61. Attempt to commit unnatural offence. 1861 c. 100, s. 62. Act of gross indecency by male with male. 1885 c. 69, s. 11. Consent. 1880 c. 45, s. 2. Definition of carnal knowledge. 1861 c. 100, s. 63. Making or having gunpowder with intent to commit felony. 1861 c. 100, s. 64. Power to issue warrant for searching house, etc., for gunpowder, etc. 1861 c. 100, s. 65. Apprehension of person loitering at night and suspected of felony. 1861 c. 100, s. 66. Punishment of principals in the second degree and accessories. 1861 c. 100, s. 67. Awarding of fine and sureties for keeping the peace. 1861 c. 100, s. 71. No summary conviction or warrant to be quashed for want of form. 1861 c. 100, s. 72.

Originally 4 of 1865. (Cap. 212, 1950.) 1 of 1866. 3 of 1868. 3 of 1901. 7 of 1911. 30 of 1911. 50 of 1911. 51 of 1911. 21 of 1912. 43 of 1912. 9 of 1913. 5 of 1924. 13 of 1929. 25 of 1930. 5 of 1938. 16 of 1938. 7 of 1939. 8 of 1948. 20 of 1948. 22 of 1950. 24 of 1950. 39 of 1954. 1 of 1958. 16 of 1963. 71 of 1967. 8 of 1969. 52 of 1969. 5 of 1971. 15 of 1972. L.N. 69/74. 12 of 1976. 13 of 1981. Short title. 1861 c. 100. Murder. 1861 c. 100, s. 1. Sentence for murder. 1861 c. 100, s. 2. Burial of body of person executed. 1861 c. 100, s. 3. Conspiring or soliciting to commit murder. 1861 c. 100, s. 4. Petit treason to be murder. 1861 c. 100, s. 8. Manslaughter. 1861 c. 100, s.5. Excusable homicide. 1861 c. 100, s. 7. Alternative verdicts. [cf. 1967 c. 58, s. 6.] (Cap. 221.) Trial of homicide where cause of death only happens in the Colony. 1861 c. 100, s. 10. Genocide. Schedule. Administering poison or wounding with intent to murder. 1861 c. 100, s. 11. Destroying or damaging building with intent to murder. 1861 c. 100, s. 12. Setting fire to or causing away ship with intent to murder. 1861 c. 100, s. 13. Attempting to administer poison, or shooting, or attempting to shoot or drown, etc., with intent to murder. 1861 c. 100, s. 14. Attempting to commit murder by means not specified. 1861 c. 100, s. 15. Sending letter threatening to murder. 1861 c. 100, s. 16. Impeding person endeavouring to save himself or another from shipwreck. 1861 c. 100, s. 17. Shooting or attempting to shoot, or wounding or striking with intent to do grievous bodily harm. 1861 c. 100, s. 18. Definition of loaded arms. 1861 c. 100, s. 19. Wounding or inflicting grievous bodily harm. 1861 c. 100, s. 20. Attempting to choke, etc., in order to commit indictable offence. 1861 c. 100, s. 21. Using chloroform, etc., in order to commit indictable offence. 1861 c. 100, s. 22. Administering poison, etc., so as to endanger life or inflict grievous bodily harm. 1861 c. 100, s. 23. Administering poison, etc., with intent to injure, etc. 1861 c. 100, s. 24. Conviction for offence under s. 23 on trial for offence under s. 22. 1861 c. 100, s. 25. Failure to provide apprentice or servant with food, etc., whereby life is endangered, etc. 1861 c. 100, s. 26. Exposing child whereby life is endangered. 1861 c. 100, s. 27. Ill-treatment or neglect by those in charge of child or young persons. [cf. 1908 c. 67, s. 12.] Causing bodily injury by gun-powder, etc. 1861 c. 100, s. 28. Causing gunpowder to explode, etc., or throwing corrosive fluid, with intent to do grievous bodily harm. 1861 c. 100, s. 29. Possession of corrosive substance. Placing gunpowder near building, etc., with intent to do bodily injury. 1861 c. 100, s. 30. Setting spring gun, etc., with intent to inflict grievous bodily harm. 1861 c. 100, s. 31. Placing wood, etc., on a railway with intent to endanger passengers; 1861 c. 100, s. 32. casting stone, etc., upon a railway carriage with intent to endanger the safety of any person therein; 1861 c. 100, s. 33. doing or omitting anything endangering passenger; 1861 c. 100, s. 34. meaning of 'railway'. Driver of carriage, etc., injuring person by furious driving. 1861 c. 100, s. 35. Suicide to cease to be a crime. 1961 c. 60, s. 1. Criminal liability for complicity in another's suicide. 1961 c. 60, s. 2. Obstructing or assaulting clergyman, etc., in discharge of his duties. 1861 c. 100, s. 36. Assaulting magistrate, etc., on account of his preserving wreck. 1861 c. 100, s. 37. Assault with intent to commit felony, or on police officer, etc. 1861 c. 100, s. 38. Certificate of dismissal of complaint. 1861 c. 100, s. 44. Certificate of dismissal or conviction and punishment to bar any other proceeding. 1861 c. 100, s. 45. Assault occasioning actual bodily harm. [cf. 1861 c. 100, s. 4.] Common assault. [cf. 1861 c. 100, s. 47.] Power to bind over offenders. [cf. 1925 c. 86, s. 39(3).] Forcible taking or detention of person, with intent to sell him. [cf. 1861 c. 100, s. 56.] Stealing child under 14 years. [cf. 1861 c. 100, s. 56.] (Cap. 213.) Unlawful transfers of possession custody or control of other persons for valuable consideration. Bigamy. 1861 c. 100, s. 57. Administering drug or using instrument to procure abortion. 1861 c. 100, s. 58. Procuring drug, etc., with intent to cause abortion. 1861 c. 100, s. 59. Medical termination of pregnancy. 1967 c. 87, s. 1. (Cap. 200.) (Cap. 200.) 1967 c. 87, s. 2. 1967 c. 87, s. 4. 1967 c. 87, s. 5(2). Child destruction. [cf. 1929 c. 34.] Infanticide. Conviction on alternative offences. Concealing birth of child. Sodomy and bestiality. 1861 c. 100, s. 61. Attempt to commit unnatural offence. 1861 c. 100, s. 62. Act of gross indecency by male with male. 1885 c. 69, s. 11. Consent. 1880 c. 45, s. 2. Definition of carnal knowledge. 1861 c. 100, s. 63. Making or having gunpowder with intent to commit felony. 1861 c. 100, s. 64. Power to issue warrant for searching house, etc., for gunpowder, etc. 1861 c. 100, s. 65. Apprehension of person loitering at night and suspected of felony. 1861 c. 100, s. 66. Punishment of principals in the second degree and accessories. 1861 c. 100, s. 67. Awarding of fine and sureties for keeping the peace. 1861 c. 100, s. 71. No summary conviction or warrant to be quashed for want of form. 1861 c. 100, s. 72.

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