PROTECTION OF WOMEN AND GIRLS ORDINANCE, 1897
Title
PROTECTION OF WOMEN AND GIRLS ORDINANCE, 1897
Description
ORDINANCE NO. 4 OF 1897
Protection of Women and Girls
AN ORDINCANCE to consolidate and amend the Laws relating
to the protection of Women and Girls.
Be it enacted by the Governor of Hongkong, with the advice and
consent of the Legislative Concil thereof, as follows:-
1 This ordinance may be cited as the Protection of Women and Girls
Ordinance, 1897.
2. In this Ordinance, unless the context otherwise requires,
'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:
'Owner of premises' means the person for the time being receiving
the rent or a consideration for the use of premises, wherthe 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:
'Occupier of premises' means the person in actual occupation of
any premises:
'Keeper' includes any person having or appearing to have the
management or control of the premises in question. PART I
OFFENCES, ETC.
3 Every person who-
(1) takes part in bringing into or taking away from the Colony, by
force, intimidation, or fraud, any woman or girl for the purpose of
prosititution 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 ir away from the Colony, for the purpose of prostitution
either within or without the Colony, knowing that such woman or
girl has been sold, pledged, let out to hire, purchased, taken in
pledge, or taken on hire; or
(4) takes part in selling, pledging, letting out to hire, purchasing,
taking in pledge, taking on hire, or otherwise disposing of any
woman or girl, for the purpose of prostitution either within or
without the Colony; or
(5) knowingly dervies any profit from the sale , pledge, hire, purchase,
taking in pledge, taking on hire, 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) of this section ,
where it is proved , to the satisfaction of the jury or of the magistrate,
as the case may be, that the woman or girl had, in fact,been sold ,
pledged, let out to hire, purchased, taken in pledge, or taken on hire,
knowledge thereof by the accused shall be presumed,unless he satisfies
such jury or magistrate that he had not such knowledge .
4.-(1) every person who-
(a) procures or attempts to procure any female under sixteen 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 a
brothel elsewhere; or
(d) procures or attempts to procure any woman or girl to leave her
usual place of abode in the colony,(such place not being a
brothel ), with intent that she may , for the purpose of
prostitution, become an inmate of a brothel within or without
the colony,
shall be guilty of a misdemeanor.
(2) no person shall be convicted of any offence under any of para-
graphs (b),(c),and (d) of the last preceding sub-section 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 twelve
years and under the age of sixteen years, shall be guilty of misde-
menor : provided that, where both parties are asiatics, a girl shall not be
deemed unmarried within the meaning of this ordinance if she is duly
married according to the laws and customs of the native country of the
girl:provided,also, that it shall be a sufficient defence to any charge
under this section if it made to appear to the court or jury before
whom the charge is brought that the person so charged had reasonable
cause to believe that the girl was of or above the age of sixteen years:
provided,also, that no prosecution shall be commenced for an offence
under htis section more than three months after the commission of the
offence.
6.-(1) every person who carnally knows any girl under the age of
twelve years , whether he is married to her or not,shall be guilty of
felony,and,being convicted thereof, shall be liable to imprisonment,
with or without hard labour, for life or for any less term.
(2) every person who attempts to have carnal knowledge of any girl
under the age of twelve years,whether he is married to her or not,shall
be guilty of a misdemeanor.
7.-(1) every person who commits an 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 thirteen years to prove that she
consented to the act of indecency.
8.-(1) every person who detains any woman or girl against her
will-
(a) in or upon any premises with intent that she may be unlawfully and carnally known by any man, whether any particular man or
generally ; or
(b) in or upon any premises for an immoral purpose or for the
pupose fo emisgration ; or
(c) in any brothel,
shall be guilty of a misdemeanor .
(2) for the purposes of this sectioin, 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 apparel so lent
or supplied.
(3) no legal proceedings , whether civil or criminal , shall be taken
aginst any such woman or girl for taking away or being found in
possession of any such wearing qpparel as was necessary to enable her to
leave such premises or brothel.
9-(1) every person who,-
(a) by threats, intimidation, false pretences , false representations,
or other fraudulent means , procures ro attempts to procure any
woman or girl to have unlawful carnal connexion, either within
or without the colony; or
(b) applies , adinisters to , or causes to be taken by any woman or
girl any drug, matter , or thing , with intent to stupefy or over-
power so as thereby to enable any perosn to have unlawful
carnal connexion with such woman or girl,
shall be guilty of a misdemeanor .
(2) no person shall be convicted of an offence under this section on
the evidence of one witness only, unless such witness is corroborated in
some material particular by evidence implicating the accused .
10. every person who unlawfully and carnally knows , or attempts to
have unlawful carnal knowledge of , any female idiot or imbecile woman
or girl, under circumsstances 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 such premises for the purpose of
being unlawfully and carnally known by any man , whether such carnal
knowledge is intended to be with any particular man or generally,
shall,-
(1) is such girl is of or above hte age of twelve years and under the
age of sixteen years , be guity of a mis demeanor ; and ,
(2) if such girl is under the age of twelve years, be guilty of felony,
and , being convicted thereof , shall be liable to imprisonment , with or
wihtout hard labour , for life or for any less term :
provided that it shall be a sufficient defence to any charge made
under this section if it is made to appear to the court or jury before
whom the charge is brought that the person so charged had reason-
able cause to believe that the girl was of or above the age of sixteen
years.
12.-(1) every person who , being the occupier or keeper of any
brothel, permits any woman suffering from any contagious disease to be
or remain in such brothel for the purpose of prostitution shall be guilty
of an offence, and shall , on conviction before the supreme court or a
magistrate , be liable to a penalty not exceeding five hundred dollars , or
to imprisonment ,with or without hard labour , for any term not exceeding
one year , or to both and if any person , not being a natural-born
or naturalized british subject , who has been previously convicted of an
offence under this section, is again found guilty of such an offence, the
governor-in-council may issue an order banishing such person from the
colony under any banisment laws which may from time to time be in
force in the colony.
(2) in the case of any prosecution under this section , it shall not be
neccessary for the prosecution to prove3 that such occupier or keeper as
aforesaid knew that the woman was suffering from a contagious disease,
but such knowledge shall be presumed by the court or magistrate, unless
such occupier or keeper satisfies the court or magistrate that he had not
such knowledge .
(3) in any proceedings under this section , proof that any wwoman in
such brothel is or was suffering from veneral disease shall be deemed
sufficient evidence , until the contrary is proved , that she is or was in
such brothel for the purpose of prostitution.
13-(1) on complaint made before a magistrate by the captain
superintendent of police of by the registrar general that any house
be portion thereof is used as a lodging-house for prostitutes or disorderly
persons or as a brothel, it shall be lawful for the magistrate to issue a
summons to the occupier or keeper of the house or portion thereof of which complaint is made; and , on the hearing of the case , if the magis-
trate is satisfied that the house or some portion thereof is used in the
manner complained of , he may order the occupier or keeper to discontinues
such use of it ; and if such order is not complied with within such time,
as the magistrate may by his order direct, the magistrate may impose
upon such occupier or keeper a fine not exceeding fifty dollars for every
day that the house or any portion thereof may be so used after the time
directed by the magistrate's order .
(2) the provisions of the magistrates ordinance , 1890,relating to
summary procedure shall apply to proceedings under this section .
(3) the provisions of this section shall be in addition to those con-
tained in the disorderly houses suppression ordinance, 1894.
14. after the use fo any premises as lodging-house for prostitutes
or disorderly persons or as a brothel has been discontinued under the
provisions of the last preceding section, the immediate landlord for the
time being, or , if such landlord is absent from the colony or under any
disability , his attorney or agent , or , in the case of a corporation or com-
pany which is the immediate landlord , the secretary or manager thereof
for the time being , shall, if such premises are found to be again in use as
a lodging-house for prostitutes or disorderly persons or as a brothel, be
liable , on summary conviction before a magistrate , to a penalty ,not
exceeding five hundred dollars and , in defaulty of payment thereof , to
imprisonment , with or without hard labour , for any term not exceeding
one year; provided , nevertheless, that if suhc landlord , or attorney or
agent , or secretary or manager either makes such complaint to a magistrate
as is mentioned in the next succeeding section , within such time as the
magistrate may consider to be reasonable, or else proves , to hte satisfaction
of the magistrate , that neither be nor the person employed by him or on
his behalf to collect the rent of such premises knew ro had reasonable
means of knowing that such premises were being so used as aforesaid , then
and in such case the magistrate shall not convict under this section.
15. on complaint made to a magistrate by such landlord , or attorney
or agent, or secretary or manager as is mentioned in the last preceding
section to the effect that any premises , the use of which as a lodging-
house for prostitutes or disorderly persons or as brothel has been dis-
continues under hte provisions fo section 13 ,are again in use as a
lodging-house for prostituts or disorderly persons or as a brothel , the
magistrate may , if the thinks fit , make an order(which shall be recog-
nized and give effect to in any proceeding any court in the colony)
absolutely putting an end to any existing tenancy of such premises as of
the date of such order ,and thereupon any tenancy so put an end to shall
absolutely cease and determine on such date for all purposes , and any occupier or tenant of such premises may thereafter be treated by such
lanlord, or attorney or agent , or secretary or manager as a trespasser
on such premises.
16.any european officer of police , not being below the rank of
sergeant , who is generally authorized in writing for that purpose by the
captain superintendent of police, and any person who is generally
authorized in writing for that purpose by the registrar general, may at
all times , without notice, enter and demand to see and interrogate any or
all the inmates fo any place on land or water which he may have reason
to believe is used as a lodging-house for prostitutes or disorderly persons
or as a brothel or in 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 in part on the proceeds of prostitu-
tion; or,
(b) in any public place, persistly solicits or importunes for
immoral purposes ,
shall , on conviction, be liable to imprisonment, with or without hard
labour,for any term not exceeding three months .
(2) if it is made to appear to a magistrate, by information upon oath ,
that there is reason to suspect the 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 or constable 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 and has no visible means of subsistence, he
shall, unless he can satisfy the court to the contrary, be deemed to be
knowingly living on the earnings of prostitution.
(4) any person, not being a natural-born or naturalixed british sub-
ject, who is convicted of an offence under this section may be banished
from the colony by an order of the governor-in-council made under
any banishment laws which may form time to time be in force in the
colony.
18.every person who-
(1) receives or harbours any woman or girl, knowing that such woman
or girl has , by force , intimidation , or fraud, been brought into or is
about to be taken away from the colony;or
(2) receives or harbour any woman or girl,with intent that such
woman or girl should be sold , pledged , let out to hire , purchased,
taken in pledge , taken on hire , or otherwise disposed of for the
purpose of prostitution , either wihtin or wihtout the colony;or
shall be guilty of a misdemeanor.
19.every person who-
(1) receives or harbours any girl under the age of sixteen years ,
knowing that suhc girl has been procured for the purpose of
having unlawful carnal connexion with any other perosn, and with
intent to aid such purpose; or
(2) receives or harbours any woman or girl , knowing that such woman
or girl has been sold ,pledged ,let out to hire , purchased , or other-
wise disposed of , either within or without the colony, for the pur-
pose of prostitution , and with intent to aid such purpose ,
shall be guilty of a misdemeanor .
20. every person who, by force, intimidation,or any fraudulent means
brings , takes ,decoys , or entics any woman or girl into or away from
the colony for the purpose of emigration shall be guilty of a mis-
demeanor.
21.-(1) every person who commits the crime of rape shall be guilty
of felony, and , being convicted thereof,shall be liable to imprisonment ,
with or without hard labour, for life or for any less term.
(2) every person 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.
22. when any woman of any age has any interest, wheter legeal or
equitable , present or future , absolute , conditional , or contingent , in any
real or personal estate , or is a presumptive heirness or co-heiress or pre-
sumptive next of kin, or one of hte presumptive next of kin , to anyone
having such interest ,every person who, from motives of lucre,takes
away or detain such woman againgst her will, with intent to marry or
carnally know her or to cause her to be married or carnally known by
any other perosn , shalll be guilty of felony ,and , being convicted thereof,
shall be liable to imprisonment , with or without hard labour , for any
term not exceedign fourteen years .
23.every person who fraudulently allures , takes away , or detains
any suhc woman as is mentioned in the last preceding section, being
under the age fo twenty-one years, out of the possession and against the
will of her father or mother or of any otehr person having the lawful
care or charge of her ,with intent to marry or carnally know her or to
cause her to be married or carnally known by any other person, shall be
guilty fo felony, and , being convicted thereof , shall be liable to imprison- ment , with or without hard labour , for any term not exceeding fourteen
years.
24. every person who is convicted of any offence against the last
two preceding sections sahll be incapable of taking any estate or in-
terest , legal or equitable , in any real or personal estate fo such woman,
or in which she has any scuh interest , or which comes to her a such marriage
heirness, coheiress, or next of kin as aforesaid ; and, if any such marriage
as aforesaid has taken place, scuh property shall , on such conviction , be
settled in such manner as the supreme court may ,on any information
at the suit of the attorney geneal , appoint.
25. evey person who by force takes away or detains against her will
any woman of any age , with intent ot marry or carnally know her or to
cause her ot be married or carnally known by any other person, shall be
guilty of felony, and , being convicted thereof , shalll be liable to im-
prisonment , with or without hard labour , for any term not exceeding
fourteen years.
26. every person who unlawfully takes or causes to be taken any
unmarried girl, being under the age of sixteen 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 wiht an offence under this ordinance,
or under section 26 or section 45 of the offences against the person
ordinance, 1865, in respect of a girl or child who is alleged in the
charge or indictment to be under any specified age, and such girl or
child appears to the presiding magistrate or judge to be under that age,
such girl or child shall, for the purpse fo the enactment under which
the charge or indictmetn is broughet, be deemed to be under that age ,
unless the contrary is proved .
28.every person charged with any offence under this ordinance, and
the husband or wife , if any , of the person so charged, shall be competent
but not compellable witnesses on every hearing at every stage of such
charge .
29. no summary conviction under this ordinance shall be quashed
for want fo form of be removed by certiorari, and no warrant fo com-
mitment shall be held void by reason fo any defect therein, provided it
is therein alleged that the party has been convicted and there is a good
adn valid conviction to sustain the same.
30. every person who is convicted of any misdemeanor under this ordinance shall be liable to imprisonment, with or without hard labour
for any term not exceeding two years; provided always that if the
case is determined hy a single magistrate instead of being , in his dis-
cretion, sent for trial, he shall not impose a heavier sentence than one
year's imprisonment , with or without hard labour, and that , where there
appears a necessity for a heavier sentence, the case shall be committed
for trial at the supreme court .
31. whenever any person is convicted,either summarily or before
the supreme court, of any offence against any of the provisions fo
section 3 to 11 , both inclsive, or of section 18 to 20 , both inclusive , it
marily or before the supreme court ,of an offence against the same or
any other of the said sections or against the corresponding provisions
of any ordinance hereby repealed , it shall be lawful for the magistrate
or court , in his or its discretion , ot direct that , in addition to the
punishment hereinbefore prescribed , the offender , if a male , be once
whipped , subject to the provisions of any ordinance for the time being
in force for the regulation of whipping.
32. no parent or person acting in the place of a parent who has
voluntarily parted wiht a girl for the purpose fo adoption into another
family , or who has received money for the parting with the custody fo
such girl for any other purpose , shall be deemed to be entitled as of right
to the custody of such girl as her parent or as the person acting in
the place of her parent .
PART II
POWERS OF REGISTRAR GENERAL .
33.whenever the registrar general has reason to believe-
(1) that any woman or girl has been bro0ught into the colony, either
after having been purchased or by force , intimidation , fraud , mis-
representation , or any false pretence,-
(a) for immoral purposes ; or
(b) for purposes fo emigration ; or
(2) that any woman or girl has been purchased in the colony with a
view of being trained or disposed of as a prostitute, or is being
detained against her will-
(a) for immoral purposes;or
(b) for purpose of emigration; or
(3) that , in any case within paragraph (1) or paragraph(2) of this
section , any woman or girl , from fear , ignorance, or any other cause, is unwilling or unable to disclose the true circumstances of
the case,
a 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 registrar general , that such woman or girl shall not
have the colony without the previous consent in writing of the registrar
general , that she shall not be trained or disposed of as a prostitute or
for immoral purposes , and that she shall be produed before the registrar
general whenever he so requires .
34.-(1) in default of such photograph and security being furnished ,
the registrar general may , by warrant under his hand, order that such
woman or girl be removed to a place of refuge, where she remain
until she can be returned to the place of refuge , where she shall remain
proper provision can be made for the protection of her interests and
liberty .
(2) the security to be furnished under this section shall be a personal
bond , with one or more sureties,in the form in the schedule to this ordi-
nance or in such other form as may for the time being be prescribed
by the governor-in-council.
35.-(1) the register general,if, after due inquiry,he is satisfied
that any girl is being used for immoral purposes or is being trained for
such purposes and that such girl is under the age of sixteen years , may,
by warrant under his hand and seal, order such girl to be removed to a
place of refuge , where she shall be detained until further order or until
she attains the age of ninteen years , or marries , or is adopted , which-
ever 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 the last two preceding sections shall be subject to such rules
and regulations as may be made by the governor-in-council ; and every
woman or girl who, contrary to such rules and 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 registrar general in
writing in that behalf.
37.-(1) everly person who induce or assists any woman or girl
so detained as aforesaid to leave , contrary to such rules and regulations
as aforesaid , the place of refuge in which she is residing , or knwingly
harbours any such woman or girl, shall, on summary conviction before a magistrate, be liable to a penalty not exceeding one hundred dollars
to imprisonment, with or without hard labour , for any term not exceed-
ing three months .
(2) every person who, without just cause (the onus fo proving which
shall lie on him),communicates or attempts to communicate with any
woman or girl so detaiined as aforesaid, or induces or attempts to induce
any such woman or girl to break such rules or regulations or any of
them, shall be liable to the punishment mentioned in the last preceding
sub-section .
38.in any action which may hereafter be brought for the recovery
fo any sucm dur on any promise or agreement which , before the 13th
day of April,1887, (being the date fo the commencement of ordinance
no. 9 of 1887, entitled ' an ordinance foe the better protection of
young girls ') , has ben entered into before the registrar general with
respect to the custody , maintenance, or giving in marriage of any female
child, it shall not be necessary for the plaintiff in such action to allege
or to prove that any consideration was given for the said promise or
agreement , and it shall not be competent for the defendant in such
action to allege in defence that the registrar general had no authority
or power to require such promise or agreement from him or that no
consideration was given for the same.
39-(1) the registrar general ,and any officer generally or specially
authorized for that purpose in writing by the registrar general, shall
have power , without warrant, to searce any ship, boat ,house, building
or other place , where he has reasonable cause to suspect that there is
any woman or girl who is or may be liable to be dealt with under the
provisions of this ordinance or in which he has reasonable cause to
suspect that an offence under this ordinance is being committed, and
may remove any such woman or girl to a place of refuge , to be there
detained until her case is inquired into .
(2) the registrar general , and any officer generally or specially
authorized for that purpose in writing by the registrar general, shall
have power , without warrant, to search any ship, boat, house , building
or other place, where he has reasonable cause to suspect that there is
any woman or girl who is or in which he has reasonable cause to
suspect that an offence under this ordinance is being committed, and
may remove any such woman or girl to a place jof refuge , to be there
detained until her case is inquired into .
(2) the registrar general , and any officer generally or specially
authorized for that purpose in writing by the registrar general, shall
have power to search any ship , boat , house , building , or other place, for
the purpose fo 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 com-
mitted, and may remove any such woman or girl to a place of refuge, to
be there detained until her case is inquired into .
40.-(1) the registrar general shall have power by notice in
writing under his hand,summon before him any person who he may
have reason to believe can give any information respecting any woman or girl mentioned in this part , and respecting the treatment of such
woman or girl, or respecting any inmate of a brothel.
(2) every person who,-
(a) on service of sucb notice , does not appear at the time and place
therein mentioned ; or
(b) fails to produce all documents in his custody ,possession, or
power relating to such woman or girl and to answer truthfully
all questions which the registrar general may put to him re-
specting such woman or girl or in any way relating to the
matter being inquired into ; or
(c) without reasonable excuse (proof whereof shall lie on him),
refuses or neglects to produce such woman or girl when so
required by the registrar general,
shall, on summary conviction before a magistrate , be liable to a penalty
not exceeding one hundred dollars or to imprisonment, with or without
hard labour,for any term not exceeding three months .
41. all summonses, notices, and other documents required to be
served under this ordinance on behalf of the registrar general shall be
deemed validly and sufficiently served if served on or left with the person
intended to be served or,if served on or left at his last known
place of abode or busines by any person authorized in that behalf by
the registrar general.
42. every warrant purporting to be issued in pursuance of this
ordinance,or heretofore issued under any ordinance repealed by this
ordinance,and purporting to be under the hand of the registrar
general, shall be received in evidence of the facts therein stated ,
and all acts done in pursuance of such warrant shall be deemed to have
been authorized by law .
43. the place in which the registrar general shall sit in discharge
of his duties shall be such place as may from time to time be appointed
for that purpose by the governor.
PART III
GENERAL PROVISIONS.
44- (1) the governor may appoint such officers as may be necessary
for carrying out the provisions of this ordinance ,and may make rule to
regulate the performance of their duties.
(2) unless and until other officers are appointed under this ordinance ,
the officers already appointed under any ordinance repealed by this
ordinance shall have the same powers ,duties, and privileges as if
appointed under this ordinance.
45. in any proceeding under this ordinance, every notice , order ,
copy of regulations, or other instrument shall be presumed to have been
duly signed by the person by whom and in the character in which it
purports to be signed , until the contrary is shown.
46-(1) any action or prosecution against any person for anything
done in pursuance or execution or intended execution of his ordinance
or of any ordinance repealed by this ordinance, or of any rules or regu-
lations made in pursuance thereof shall be commenced within three
months after the thing done and not otherwise.
(2) notice in writing of any such action and of the cause thereof
shall be given to the intended defendant one month at least before
the commencement of the action.
(3) in any such action the defendant may plead generally or set up
by way of special defence that the act complained of was done in pursu-
ance or execution or intended execution of this or of such repealed
ordinance or fo any such rules or regulations as aforesaid , and may give
this ordinance and such rule or regulations and the special matter in
evidence at any trial to be had thereupon.
(4) the plaintiff shall not recover if tender of sufficient amends has
been made before action brought or if , after action brought, a sufficient
sum of money is paid into court by or on behalf of the defendant .
(5) if a verdict passes or judgment is given for the defendant, or
if the plaintiff becomes nonsuit or discontinues the action, or if, on
demurrer or otherwise ,judgment is given against the plaintiff, the
defendant shall recover his full costs and shall have the like remedy for
the same as nay defendant has by law for costs in other action.
47-(1) the governor-in-council may make rules and regulation
for and in respect of all or any of the following purposes or matters:
(a) the care, maintenance, and eduction of women and girls
detained under PART II;
(b) the manner and conditions in and under which the powers con-
ferred by this ordinance shall be exercised by the persons on
whom such powers are conferred ; and
(c) generally in relation to any matters , whether similar or not to those hereinbefore mentioned, as to which it may be expedient to
make rules for carrying into effect the objects fo this ordinance.
(2) such rules or regulations shall take effect at the expiration of seven
days after the publication thereof in the gazette, and a copy fo the
gazette containing such publication shall be conclusive evidence of the
due making and tenor of suhc rules or regulations.
(3) every person who disobeys or infringes any of such rules or
regulations shall be guilty fo an offence against this ordinance, and,
on summary conviction before a magistrate , sahll be liable to a penalty
not exceeding fifty dollars, or to imprisonment, with or without hard
labour , for nay term not exceeding one month, or to both penalty and
imprisonment .
(4) unless and until rules nad regulations are made under this ordi-
nance , the rules nad regulations made under any ordinance repealed
by this ordinance shall continue to be as valid as if made and gazetted
under this ordinance , and any references in such rules and regulations
to ordinance , sections , or enactments repealed by this ordinance shall
be taken to apply to this ordinance and the corresponding sections or
enactments this ordinance.
SCHEDULE .
FORM OF BOND.
Know all men by these presents that we and
are held and firmly bound unto her majesty the queen, her heirs and
successors,in the sum of $ to be paid to the colonial treasurer for the
time being of Hongkong , to which payment we bind ourselves and each of us
and each of our heirs,executors, and administrators firmly by these presents.
sealed wiht our seals.
dated this day of 1.
now the condition of this obligation is that if one
who is now residing at Hongkong, shall not quit or be taken or removed from
the colony without the previous consent in writing of the officer for the
time being performing the duties of registrar general; and also if the
trained or disposed of as a prostitute or for immoral purposes , and also if the
said shall be produced from time to time before such officer
within twenty-four hours after notice in writing has been given to any or
either fo the said and requiring such production,
then this obligation to be void, otherwise to remain in full force
LS
LS
signed, sealed , and delivered by}
the above-named }
and }
the presence of A.D. 1897. Ordinance No. 9 of 1897, with Ordinances No. 31 of 1899, No. 14 of 1900, and No. 3 of 1901 s. 3 in part incorporated.
Short title. Interpretation of terms. Traffic in woman or girl. Procuration of woman or girl. 48 & 49 Vict.c. 69 s. 2. Defilement of girl between 12 and 16 years of age. 48 & 49 Vict.c. 69 s. 5. Defilement of girl under 12 years of age. Ib.s.4. Indecenet assault upon female. 24 & 25 Vict.c. 100 s. 52. 43 & 44 Vict.c. 45 s.2. Unlawful detention of woman or girl. 48 & 49 Vict.c. 69 s. 8. Procuring defilement of woman or girl. 48 & 49 Vict.c. 69 s.3. Carnal or attempted carnal knowledge of female idiot. Ib.s.5. Punishment of householder, etc., permitting defilement of girl on his premises. 48 & 49 Vict.c. 69 s. 6. Punishment of occupier or keeper of brothel permitting woman suffering from contagious disease to remain in brothel. See Ordinance No. 1 of 1882. Closing of disorderly lodging-house and of brothel on complaint of Captain Superintendent of Police or of Registrar General. No. 3 of 1890. No. 1 of 1894. Liability of immediate landlord of disorderly lodging-house or brothel. Power to Magistrate to determine tenancy of disorderly lodging-house or brothel. Power to Police to visit disorderly lodging-house or brothel. Punishment of male person living on prostitution, etc. See Ordinance No. 1 of 1882. Receiving of harbouring woman or girl brought into the Colony by force, etc. Receiving or harbouring girl procured or woman or girl sold for prostitution. Decoying woman or girl into or away from the Colony for emigration. Rape. 24 & 25 Vict.c. 100 s. 48. 48 & 49 Vict.c. 69 s. 4. 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. Ib. 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. Ib.s.54. Abduction of girl under 16 years of age. Ib.s.55. Presumption as to age of girl or child. No. 2 of 1865.Person charged and husband or wife to be competent witnesses. 48 & 49 Vict.c. 69 s. 20. No certiorari or quashing for want of form. Punishment of misdemeanor under the Ordinance. Punishment of whipping on second or subsequent conviction. Schedule of repeals not printed. See Ordinance No. 7 of 1901. Custody of adopted girl, etc. Powers of Registrar General for purposes of the Ordinance. Removal of woman or girl to place of safety, in default in photograph and security. Schedule. Order for removal of girl to place of refuge. Making of rules for women and girls in refuge. Penalty for inducing or assisting woman or girl to leave refuge, etc. Recovery of sum due on promise or agreement already entered into. Powers of Registrar General to search or authorize search for purposes of the Ordinance. Powers of Registrar General to summon persons capable of giving information respecting woman or girl. Service of summons, notice, etc. Reception in evidence of warrant. Schedule of repeals not printed. Registrar General's office. Appointment of officers and regulation of their duties. Schedule of repeals not printed. Presumption in respect of signature of notice, etc. Protection of person acting under the Ordinance. Making of rules and regulations. Schedule of repeals not printed. Section 34.
Protection of Women and Girls
AN ORDINCANCE to consolidate and amend the Laws relating
to the protection of Women and Girls.
Be it enacted by the Governor of Hongkong, with the advice and
consent of the Legislative Concil thereof, as follows:-
1 This ordinance may be cited as the Protection of Women and Girls
Ordinance, 1897.
2. In this Ordinance, unless the context otherwise requires,
'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:
'Owner of premises' means the person for the time being receiving
the rent or a consideration for the use of premises, wherthe 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:
'Occupier of premises' means the person in actual occupation of
any premises:
'Keeper' includes any person having or appearing to have the
management or control of the premises in question. PART I
OFFENCES, ETC.
3 Every person who-
(1) takes part in bringing into or taking away from the Colony, by
force, intimidation, or fraud, any woman or girl for the purpose of
prosititution 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 ir away from the Colony, for the purpose of prostitution
either within or without the Colony, knowing that such woman or
girl has been sold, pledged, let out to hire, purchased, taken in
pledge, or taken on hire; or
(4) takes part in selling, pledging, letting out to hire, purchasing,
taking in pledge, taking on hire, or otherwise disposing of any
woman or girl, for the purpose of prostitution either within or
without the Colony; or
(5) knowingly dervies any profit from the sale , pledge, hire, purchase,
taking in pledge, taking on hire, 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) of this section ,
where it is proved , to the satisfaction of the jury or of the magistrate,
as the case may be, that the woman or girl had, in fact,been sold ,
pledged, let out to hire, purchased, taken in pledge, or taken on hire,
knowledge thereof by the accused shall be presumed,unless he satisfies
such jury or magistrate that he had not such knowledge .
4.-(1) every person who-
(a) procures or attempts to procure any female under sixteen 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 a
brothel elsewhere; or
(d) procures or attempts to procure any woman or girl to leave her
usual place of abode in the colony,(such place not being a
brothel ), with intent that she may , for the purpose of
prostitution, become an inmate of a brothel within or without
the colony,
shall be guilty of a misdemeanor.
(2) no person shall be convicted of any offence under any of para-
graphs (b),(c),and (d) of the last preceding sub-section 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 twelve
years and under the age of sixteen years, shall be guilty of misde-
menor : provided that, where both parties are asiatics, a girl shall not be
deemed unmarried within the meaning of this ordinance if she is duly
married according to the laws and customs of the native country of the
girl:provided,also, that it shall be a sufficient defence to any charge
under this section if it made to appear to the court or jury before
whom the charge is brought that the person so charged had reasonable
cause to believe that the girl was of or above the age of sixteen years:
provided,also, that no prosecution shall be commenced for an offence
under htis section more than three months after the commission of the
offence.
6.-(1) every person who carnally knows any girl under the age of
twelve years , whether he is married to her or not,shall be guilty of
felony,and,being convicted thereof, shall be liable to imprisonment,
with or without hard labour, for life or for any less term.
(2) every person who attempts to have carnal knowledge of any girl
under the age of twelve years,whether he is married to her or not,shall
be guilty of a misdemeanor.
7.-(1) every person who commits an 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 thirteen years to prove that she
consented to the act of indecency.
8.-(1) every person who detains any woman or girl against her
will-
(a) in or upon any premises with intent that she may be unlawfully and carnally known by any man, whether any particular man or
generally ; or
(b) in or upon any premises for an immoral purpose or for the
pupose fo emisgration ; or
(c) in any brothel,
shall be guilty of a misdemeanor .
(2) for the purposes of this sectioin, 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 apparel so lent
or supplied.
(3) no legal proceedings , whether civil or criminal , shall be taken
aginst any such woman or girl for taking away or being found in
possession of any such wearing qpparel as was necessary to enable her to
leave such premises or brothel.
9-(1) every person who,-
(a) by threats, intimidation, false pretences , false representations,
or other fraudulent means , procures ro attempts to procure any
woman or girl to have unlawful carnal connexion, either within
or without the colony; or
(b) applies , adinisters to , or causes to be taken by any woman or
girl any drug, matter , or thing , with intent to stupefy or over-
power so as thereby to enable any perosn to have unlawful
carnal connexion with such woman or girl,
shall be guilty of a misdemeanor .
(2) no person shall be convicted of an offence under this section on
the evidence of one witness only, unless such witness is corroborated in
some material particular by evidence implicating the accused .
10. every person who unlawfully and carnally knows , or attempts to
have unlawful carnal knowledge of , any female idiot or imbecile woman
or girl, under circumsstances 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 such premises for the purpose of
being unlawfully and carnally known by any man , whether such carnal
knowledge is intended to be with any particular man or generally,
shall,-
(1) is such girl is of or above hte age of twelve years and under the
age of sixteen years , be guity of a mis demeanor ; and ,
(2) if such girl is under the age of twelve years, be guilty of felony,
and , being convicted thereof , shall be liable to imprisonment , with or
wihtout hard labour , for life or for any less term :
provided that it shall be a sufficient defence to any charge made
under this section if it is made to appear to the court or jury before
whom the charge is brought that the person so charged had reason-
able cause to believe that the girl was of or above the age of sixteen
years.
12.-(1) every person who , being the occupier or keeper of any
brothel, permits any woman suffering from any contagious disease to be
or remain in such brothel for the purpose of prostitution shall be guilty
of an offence, and shall , on conviction before the supreme court or a
magistrate , be liable to a penalty not exceeding five hundred dollars , or
to imprisonment ,with or without hard labour , for any term not exceeding
one year , or to both and if any person , not being a natural-born
or naturalized british subject , who has been previously convicted of an
offence under this section, is again found guilty of such an offence, the
governor-in-council may issue an order banishing such person from the
colony under any banisment laws which may from time to time be in
force in the colony.
(2) in the case of any prosecution under this section , it shall not be
neccessary for the prosecution to prove3 that such occupier or keeper as
aforesaid knew that the woman was suffering from a contagious disease,
but such knowledge shall be presumed by the court or magistrate, unless
such occupier or keeper satisfies the court or magistrate that he had not
such knowledge .
(3) in any proceedings under this section , proof that any wwoman in
such brothel is or was suffering from veneral disease shall be deemed
sufficient evidence , until the contrary is proved , that she is or was in
such brothel for the purpose of prostitution.
13-(1) on complaint made before a magistrate by the captain
superintendent of police of by the registrar general that any house
be portion thereof is used as a lodging-house for prostitutes or disorderly
persons or as a brothel, it shall be lawful for the magistrate to issue a
summons to the occupier or keeper of the house or portion thereof of which complaint is made; and , on the hearing of the case , if the magis-
trate is satisfied that the house or some portion thereof is used in the
manner complained of , he may order the occupier or keeper to discontinues
such use of it ; and if such order is not complied with within such time,
as the magistrate may by his order direct, the magistrate may impose
upon such occupier or keeper a fine not exceeding fifty dollars for every
day that the house or any portion thereof may be so used after the time
directed by the magistrate's order .
(2) the provisions of the magistrates ordinance , 1890,relating to
summary procedure shall apply to proceedings under this section .
(3) the provisions of this section shall be in addition to those con-
tained in the disorderly houses suppression ordinance, 1894.
14. after the use fo any premises as lodging-house for prostitutes
or disorderly persons or as a brothel has been discontinued under the
provisions of the last preceding section, the immediate landlord for the
time being, or , if such landlord is absent from the colony or under any
disability , his attorney or agent , or , in the case of a corporation or com-
pany which is the immediate landlord , the secretary or manager thereof
for the time being , shall, if such premises are found to be again in use as
a lodging-house for prostitutes or disorderly persons or as a brothel, be
liable , on summary conviction before a magistrate , to a penalty ,not
exceeding five hundred dollars and , in defaulty of payment thereof , to
imprisonment , with or without hard labour , for any term not exceeding
one year; provided , nevertheless, that if suhc landlord , or attorney or
agent , or secretary or manager either makes such complaint to a magistrate
as is mentioned in the next succeeding section , within such time as the
magistrate may consider to be reasonable, or else proves , to hte satisfaction
of the magistrate , that neither be nor the person employed by him or on
his behalf to collect the rent of such premises knew ro had reasonable
means of knowing that such premises were being so used as aforesaid , then
and in such case the magistrate shall not convict under this section.
15. on complaint made to a magistrate by such landlord , or attorney
or agent, or secretary or manager as is mentioned in the last preceding
section to the effect that any premises , the use of which as a lodging-
house for prostitutes or disorderly persons or as brothel has been dis-
continues under hte provisions fo section 13 ,are again in use as a
lodging-house for prostituts or disorderly persons or as a brothel , the
magistrate may , if the thinks fit , make an order(which shall be recog-
nized and give effect to in any proceeding any court in the colony)
absolutely putting an end to any existing tenancy of such premises as of
the date of such order ,and thereupon any tenancy so put an end to shall
absolutely cease and determine on such date for all purposes , and any occupier or tenant of such premises may thereafter be treated by such
lanlord, or attorney or agent , or secretary or manager as a trespasser
on such premises.
16.any european officer of police , not being below the rank of
sergeant , who is generally authorized in writing for that purpose by the
captain superintendent of police, and any person who is generally
authorized in writing for that purpose by the registrar general, may at
all times , without notice, enter and demand to see and interrogate any or
all the inmates fo any place on land or water which he may have reason
to believe is used as a lodging-house for prostitutes or disorderly persons
or as a brothel or in 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 in part on the proceeds of prostitu-
tion; or,
(b) in any public place, persistly solicits or importunes for
immoral purposes ,
shall , on conviction, be liable to imprisonment, with or without hard
labour,for any term not exceeding three months .
(2) if it is made to appear to a magistrate, by information upon oath ,
that there is reason to suspect the 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 or constable 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 and has no visible means of subsistence, he
shall, unless he can satisfy the court to the contrary, be deemed to be
knowingly living on the earnings of prostitution.
(4) any person, not being a natural-born or naturalixed british sub-
ject, who is convicted of an offence under this section may be banished
from the colony by an order of the governor-in-council made under
any banishment laws which may form time to time be in force in the
colony.
18.every person who-
(1) receives or harbours any woman or girl, knowing that such woman
or girl has , by force , intimidation , or fraud, been brought into or is
about to be taken away from the colony;or
(2) receives or harbour any woman or girl,with intent that such
woman or girl should be sold , pledged , let out to hire , purchased,
taken in pledge , taken on hire , or otherwise disposed of for the
purpose of prostitution , either wihtin or wihtout the colony;or
shall be guilty of a misdemeanor.
19.every person who-
(1) receives or harbours any girl under the age of sixteen years ,
knowing that suhc girl has been procured for the purpose of
having unlawful carnal connexion with any other perosn, and with
intent to aid such purpose; or
(2) receives or harbours any woman or girl , knowing that such woman
or girl has been sold ,pledged ,let out to hire , purchased , or other-
wise disposed of , either within or without the colony, for the pur-
pose of prostitution , and with intent to aid such purpose ,
shall be guilty of a misdemeanor .
20. every person who, by force, intimidation,or any fraudulent means
brings , takes ,decoys , or entics any woman or girl into or away from
the colony for the purpose of emigration shall be guilty of a mis-
demeanor.
21.-(1) every person who commits the crime of rape shall be guilty
of felony, and , being convicted thereof,shall be liable to imprisonment ,
with or without hard labour, for life or for any less term.
(2) every person 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.
22. when any woman of any age has any interest, wheter legeal or
equitable , present or future , absolute , conditional , or contingent , in any
real or personal estate , or is a presumptive heirness or co-heiress or pre-
sumptive next of kin, or one of hte presumptive next of kin , to anyone
having such interest ,every person who, from motives of lucre,takes
away or detain such woman againgst her will, with intent to marry or
carnally know her or to cause her to be married or carnally known by
any other perosn , shalll be guilty of felony ,and , being convicted thereof,
shall be liable to imprisonment , with or without hard labour , for any
term not exceedign fourteen years .
23.every person who fraudulently allures , takes away , or detains
any suhc woman as is mentioned in the last preceding section, being
under the age fo twenty-one years, out of the possession and against the
will of her father or mother or of any otehr person having the lawful
care or charge of her ,with intent to marry or carnally know her or to
cause her to be married or carnally known by any other person, shall be
guilty fo felony, and , being convicted thereof , shall be liable to imprison- ment , with or without hard labour , for any term not exceeding fourteen
years.
24. every person who is convicted of any offence against the last
two preceding sections sahll be incapable of taking any estate or in-
terest , legal or equitable , in any real or personal estate fo such woman,
or in which she has any scuh interest , or which comes to her a such marriage
heirness, coheiress, or next of kin as aforesaid ; and, if any such marriage
as aforesaid has taken place, scuh property shall , on such conviction , be
settled in such manner as the supreme court may ,on any information
at the suit of the attorney geneal , appoint.
25. evey person who by force takes away or detains against her will
any woman of any age , with intent ot marry or carnally know her or to
cause her ot be married or carnally known by any other person, shall be
guilty of felony, and , being convicted thereof , shalll be liable to im-
prisonment , with or without hard labour , for any term not exceeding
fourteen years.
26. every person who unlawfully takes or causes to be taken any
unmarried girl, being under the age of sixteen 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 wiht an offence under this ordinance,
or under section 26 or section 45 of the offences against the person
ordinance, 1865, in respect of a girl or child who is alleged in the
charge or indictment to be under any specified age, and such girl or
child appears to the presiding magistrate or judge to be under that age,
such girl or child shall, for the purpse fo the enactment under which
the charge or indictmetn is broughet, be deemed to be under that age ,
unless the contrary is proved .
28.every person charged with any offence under this ordinance, and
the husband or wife , if any , of the person so charged, shall be competent
but not compellable witnesses on every hearing at every stage of such
charge .
29. no summary conviction under this ordinance shall be quashed
for want fo form of be removed by certiorari, and no warrant fo com-
mitment shall be held void by reason fo any defect therein, provided it
is therein alleged that the party has been convicted and there is a good
adn valid conviction to sustain the same.
30. every person who is convicted of any misdemeanor under this ordinance shall be liable to imprisonment, with or without hard labour
for any term not exceeding two years; provided always that if the
case is determined hy a single magistrate instead of being , in his dis-
cretion, sent for trial, he shall not impose a heavier sentence than one
year's imprisonment , with or without hard labour, and that , where there
appears a necessity for a heavier sentence, the case shall be committed
for trial at the supreme court .
31. whenever any person is convicted,either summarily or before
the supreme court, of any offence against any of the provisions fo
section 3 to 11 , both inclsive, or of section 18 to 20 , both inclusive , it
marily or before the supreme court ,of an offence against the same or
any other of the said sections or against the corresponding provisions
of any ordinance hereby repealed , it shall be lawful for the magistrate
or court , in his or its discretion , ot direct that , in addition to the
punishment hereinbefore prescribed , the offender , if a male , be once
whipped , subject to the provisions of any ordinance for the time being
in force for the regulation of whipping.
32. no parent or person acting in the place of a parent who has
voluntarily parted wiht a girl for the purpose fo adoption into another
family , or who has received money for the parting with the custody fo
such girl for any other purpose , shall be deemed to be entitled as of right
to the custody of such girl as her parent or as the person acting in
the place of her parent .
PART II
POWERS OF REGISTRAR GENERAL .
33.whenever the registrar general has reason to believe-
(1) that any woman or girl has been bro0ught into the colony, either
after having been purchased or by force , intimidation , fraud , mis-
representation , or any false pretence,-
(a) for immoral purposes ; or
(b) for purposes fo emigration ; or
(2) that any woman or girl has been purchased in the colony with a
view of being trained or disposed of as a prostitute, or is being
detained against her will-
(a) for immoral purposes;or
(b) for purpose of emigration; or
(3) that , in any case within paragraph (1) or paragraph(2) of this
section , any woman or girl , from fear , ignorance, or any other cause, is unwilling or unable to disclose the true circumstances of
the case,
a 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 registrar general , that such woman or girl shall not
have the colony without the previous consent in writing of the registrar
general , that she shall not be trained or disposed of as a prostitute or
for immoral purposes , and that she shall be produed before the registrar
general whenever he so requires .
34.-(1) in default of such photograph and security being furnished ,
the registrar general may , by warrant under his hand, order that such
woman or girl be removed to a place of refuge, where she remain
until she can be returned to the place of refuge , where she shall remain
proper provision can be made for the protection of her interests and
liberty .
(2) the security to be furnished under this section shall be a personal
bond , with one or more sureties,in the form in the schedule to this ordi-
nance or in such other form as may for the time being be prescribed
by the governor-in-council.
35.-(1) the register general,if, after due inquiry,he is satisfied
that any girl is being used for immoral purposes or is being trained for
such purposes and that such girl is under the age of sixteen years , may,
by warrant under his hand and seal, order such girl to be removed to a
place of refuge , where she shall be detained until further order or until
she attains the age of ninteen years , or marries , or is adopted , which-
ever 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 the last two preceding sections shall be subject to such rules
and regulations as may be made by the governor-in-council ; and every
woman or girl who, contrary to such rules and 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 registrar general in
writing in that behalf.
37.-(1) everly person who induce or assists any woman or girl
so detained as aforesaid to leave , contrary to such rules and regulations
as aforesaid , the place of refuge in which she is residing , or knwingly
harbours any such woman or girl, shall, on summary conviction before a magistrate, be liable to a penalty not exceeding one hundred dollars
to imprisonment, with or without hard labour , for any term not exceed-
ing three months .
(2) every person who, without just cause (the onus fo proving which
shall lie on him),communicates or attempts to communicate with any
woman or girl so detaiined as aforesaid, or induces or attempts to induce
any such woman or girl to break such rules or regulations or any of
them, shall be liable to the punishment mentioned in the last preceding
sub-section .
38.in any action which may hereafter be brought for the recovery
fo any sucm dur on any promise or agreement which , before the 13th
day of April,1887, (being the date fo the commencement of ordinance
no. 9 of 1887, entitled ' an ordinance foe the better protection of
young girls ') , has ben entered into before the registrar general with
respect to the custody , maintenance, or giving in marriage of any female
child, it shall not be necessary for the plaintiff in such action to allege
or to prove that any consideration was given for the said promise or
agreement , and it shall not be competent for the defendant in such
action to allege in defence that the registrar general had no authority
or power to require such promise or agreement from him or that no
consideration was given for the same.
39-(1) the registrar general ,and any officer generally or specially
authorized for that purpose in writing by the registrar general, shall
have power , without warrant, to searce any ship, boat ,house, building
or other place , where he has reasonable cause to suspect that there is
any woman or girl who is or may be liable to be dealt with under the
provisions of this ordinance or in which he has reasonable cause to
suspect that an offence under this ordinance is being committed, and
may remove any such woman or girl to a place of refuge , to be there
detained until her case is inquired into .
(2) the registrar general , and any officer generally or specially
authorized for that purpose in writing by the registrar general, shall
have power , without warrant, to search any ship, boat, house , building
or other place, where he has reasonable cause to suspect that there is
any woman or girl who is or in which he has reasonable cause to
suspect that an offence under this ordinance is being committed, and
may remove any such woman or girl to a place jof refuge , to be there
detained until her case is inquired into .
(2) the registrar general , and any officer generally or specially
authorized for that purpose in writing by the registrar general, shall
have power to search any ship , boat , house , building , or other place, for
the purpose fo 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 com-
mitted, and may remove any such woman or girl to a place of refuge, to
be there detained until her case is inquired into .
40.-(1) the registrar general shall have power by notice in
writing under his hand,summon before him any person who he may
have reason to believe can give any information respecting any woman or girl mentioned in this part , and respecting the treatment of such
woman or girl, or respecting any inmate of a brothel.
(2) every person who,-
(a) on service of sucb notice , does not appear at the time and place
therein mentioned ; or
(b) fails to produce all documents in his custody ,possession, or
power relating to such woman or girl and to answer truthfully
all questions which the registrar general may put to him re-
specting such woman or girl or in any way relating to the
matter being inquired into ; or
(c) without reasonable excuse (proof whereof shall lie on him),
refuses or neglects to produce such woman or girl when so
required by the registrar general,
shall, on summary conviction before a magistrate , be liable to a penalty
not exceeding one hundred dollars or to imprisonment, with or without
hard labour,for any term not exceeding three months .
41. all summonses, notices, and other documents required to be
served under this ordinance on behalf of the registrar general shall be
deemed validly and sufficiently served if served on or left with the person
intended to be served or,if served on or left at his last known
place of abode or busines by any person authorized in that behalf by
the registrar general.
42. every warrant purporting to be issued in pursuance of this
ordinance,or heretofore issued under any ordinance repealed by this
ordinance,and purporting to be under the hand of the registrar
general, shall be received in evidence of the facts therein stated ,
and all acts done in pursuance of such warrant shall be deemed to have
been authorized by law .
43. the place in which the registrar general shall sit in discharge
of his duties shall be such place as may from time to time be appointed
for that purpose by the governor.
PART III
GENERAL PROVISIONS.
44- (1) the governor may appoint such officers as may be necessary
for carrying out the provisions of this ordinance ,and may make rule to
regulate the performance of their duties.
(2) unless and until other officers are appointed under this ordinance ,
the officers already appointed under any ordinance repealed by this
ordinance shall have the same powers ,duties, and privileges as if
appointed under this ordinance.
45. in any proceeding under this ordinance, every notice , order ,
copy of regulations, or other instrument shall be presumed to have been
duly signed by the person by whom and in the character in which it
purports to be signed , until the contrary is shown.
46-(1) any action or prosecution against any person for anything
done in pursuance or execution or intended execution of his ordinance
or of any ordinance repealed by this ordinance, or of any rules or regu-
lations made in pursuance thereof shall be commenced within three
months after the thing done and not otherwise.
(2) notice in writing of any such action and of the cause thereof
shall be given to the intended defendant one month at least before
the commencement of the action.
(3) in any such action the defendant may plead generally or set up
by way of special defence that the act complained of was done in pursu-
ance or execution or intended execution of this or of such repealed
ordinance or fo any such rules or regulations as aforesaid , and may give
this ordinance and such rule or regulations and the special matter in
evidence at any trial to be had thereupon.
(4) the plaintiff shall not recover if tender of sufficient amends has
been made before action brought or if , after action brought, a sufficient
sum of money is paid into court by or on behalf of the defendant .
(5) if a verdict passes or judgment is given for the defendant, or
if the plaintiff becomes nonsuit or discontinues the action, or if, on
demurrer or otherwise ,judgment is given against the plaintiff, the
defendant shall recover his full costs and shall have the like remedy for
the same as nay defendant has by law for costs in other action.
47-(1) the governor-in-council may make rules and regulation
for and in respect of all or any of the following purposes or matters:
(a) the care, maintenance, and eduction of women and girls
detained under PART II;
(b) the manner and conditions in and under which the powers con-
ferred by this ordinance shall be exercised by the persons on
whom such powers are conferred ; and
(c) generally in relation to any matters , whether similar or not to those hereinbefore mentioned, as to which it may be expedient to
make rules for carrying into effect the objects fo this ordinance.
(2) such rules or regulations shall take effect at the expiration of seven
days after the publication thereof in the gazette, and a copy fo the
gazette containing such publication shall be conclusive evidence of the
due making and tenor of suhc rules or regulations.
(3) every person who disobeys or infringes any of such rules or
regulations shall be guilty fo an offence against this ordinance, and,
on summary conviction before a magistrate , sahll be liable to a penalty
not exceeding fifty dollars, or to imprisonment, with or without hard
labour , for nay term not exceeding one month, or to both penalty and
imprisonment .
(4) unless and until rules nad regulations are made under this ordi-
nance , the rules nad regulations made under any ordinance repealed
by this ordinance shall continue to be as valid as if made and gazetted
under this ordinance , and any references in such rules and regulations
to ordinance , sections , or enactments repealed by this ordinance shall
be taken to apply to this ordinance and the corresponding sections or
enactments this ordinance.
SCHEDULE .
FORM OF BOND.
Know all men by these presents that we and
are held and firmly bound unto her majesty the queen, her heirs and
successors,in the sum of $ to be paid to the colonial treasurer for the
time being of Hongkong , to which payment we bind ourselves and each of us
and each of our heirs,executors, and administrators firmly by these presents.
sealed wiht our seals.
dated this day of 1.
now the condition of this obligation is that if one
who is now residing at Hongkong, shall not quit or be taken or removed from
the colony without the previous consent in writing of the officer for the
time being performing the duties of registrar general; and also if the
trained or disposed of as a prostitute or for immoral purposes , and also if the
said shall be produced from time to time before such officer
within twenty-four hours after notice in writing has been given to any or
either fo the said and requiring such production,
then this obligation to be void, otherwise to remain in full force
LS
LS
signed, sealed , and delivered by}
the above-named }
and }
the presence of A.D. 1897. Ordinance No. 9 of 1897, with Ordinances No. 31 of 1899, No. 14 of 1900, and No. 3 of 1901 s. 3 in part incorporated.
Short title. Interpretation of terms. Traffic in woman or girl. Procuration of woman or girl. 48 & 49 Vict.c. 69 s. 2. Defilement of girl between 12 and 16 years of age. 48 & 49 Vict.c. 69 s. 5. Defilement of girl under 12 years of age. Ib.s.4. Indecenet assault upon female. 24 & 25 Vict.c. 100 s. 52. 43 & 44 Vict.c. 45 s.2. Unlawful detention of woman or girl. 48 & 49 Vict.c. 69 s. 8. Procuring defilement of woman or girl. 48 & 49 Vict.c. 69 s.3. Carnal or attempted carnal knowledge of female idiot. Ib.s.5. Punishment of householder, etc., permitting defilement of girl on his premises. 48 & 49 Vict.c. 69 s. 6. Punishment of occupier or keeper of brothel permitting woman suffering from contagious disease to remain in brothel. See Ordinance No. 1 of 1882. Closing of disorderly lodging-house and of brothel on complaint of Captain Superintendent of Police or of Registrar General. No. 3 of 1890. No. 1 of 1894. Liability of immediate landlord of disorderly lodging-house or brothel. Power to Magistrate to determine tenancy of disorderly lodging-house or brothel. Power to Police to visit disorderly lodging-house or brothel. Punishment of male person living on prostitution, etc. See Ordinance No. 1 of 1882. Receiving of harbouring woman or girl brought into the Colony by force, etc. Receiving or harbouring girl procured or woman or girl sold for prostitution. Decoying woman or girl into or away from the Colony for emigration. Rape. 24 & 25 Vict.c. 100 s. 48. 48 & 49 Vict.c. 69 s. 4. 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. Ib. 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. Ib.s.54. Abduction of girl under 16 years of age. Ib.s.55. Presumption as to age of girl or child. No. 2 of 1865.Person charged and husband or wife to be competent witnesses. 48 & 49 Vict.c. 69 s. 20. No certiorari or quashing for want of form. Punishment of misdemeanor under the Ordinance. Punishment of whipping on second or subsequent conviction. Schedule of repeals not printed. See Ordinance No. 7 of 1901. Custody of adopted girl, etc. Powers of Registrar General for purposes of the Ordinance. Removal of woman or girl to place of safety, in default in photograph and security. Schedule. Order for removal of girl to place of refuge. Making of rules for women and girls in refuge. Penalty for inducing or assisting woman or girl to leave refuge, etc. Recovery of sum due on promise or agreement already entered into. Powers of Registrar General to search or authorize search for purposes of the Ordinance. Powers of Registrar General to summon persons capable of giving information respecting woman or girl. Service of summons, notice, etc. Reception in evidence of warrant. Schedule of repeals not printed. Registrar General's office. Appointment of officers and regulation of their duties. Schedule of repeals not printed. Presumption in respect of signature of notice, etc. Protection of person acting under the Ordinance. Making of rules and regulations. Schedule of repeals not printed. Section 34.
Abstract
A.D. 1897. Ordinance No. 9 of 1897, with Ordinances No. 31 of 1899, No. 14 of 1900, and No. 3 of 1901 s. 3 in part incorporated.
Short title. Interpretation of terms. Traffic in woman or girl. Procuration of woman or girl. 48 & 49 Vict.c. 69 s. 2. Defilement of girl between 12 and 16 years of age. 48 & 49 Vict.c. 69 s. 5. Defilement of girl under 12 years of age. Ib.s.4. Indecenet assault upon female. 24 & 25 Vict.c. 100 s. 52. 43 & 44 Vict.c. 45 s.2. Unlawful detention of woman or girl. 48 & 49 Vict.c. 69 s. 8. Procuring defilement of woman or girl. 48 & 49 Vict.c. 69 s.3. Carnal or attempted carnal knowledge of female idiot. Ib.s.5. Punishment of householder, etc., permitting defilement of girl on his premises. 48 & 49 Vict.c. 69 s. 6. Punishment of occupier or keeper of brothel permitting woman suffering from contagious disease to remain in brothel. See Ordinance No. 1 of 1882. Closing of disorderly lodging-house and of brothel on complaint of Captain Superintendent of Police or of Registrar General. No. 3 of 1890. No. 1 of 1894. Liability of immediate landlord of disorderly lodging-house or brothel. Power to Magistrate to determine tenancy of disorderly lodging-house or brothel. Power to Police to visit disorderly lodging-house or brothel. Punishment of male person living on prostitution, etc. See Ordinance No. 1 of 1882. Receiving of harbouring woman or girl brought into the Colony by force, etc. Receiving or harbouring girl procured or woman or girl sold for prostitution. Decoying woman or girl into or away from the Colony for emigration. Rape. 24 & 25 Vict.c. 100 s. 48. 48 & 49 Vict.c. 69 s. 4. 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. Ib. 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. Ib.s.54. Abduction of girl under 16 years of age. Ib.s.55. Presumption as to age of girl or child. No. 2 of 1865.Person charged and husband or wife to be competent witnesses. 48 & 49 Vict.c. 69 s. 20. No certiorari or quashing for want of form. Punishment of misdemeanor under the Ordinance. Punishment of whipping on second or subsequent conviction. Schedule of repeals not printed. See Ordinance No. 7 of 1901. Custody of adopted girl, etc. Powers of Registrar General for purposes of the Ordinance. Removal of woman or girl to place of safety, in default in photograph and security. Schedule. Order for removal of girl to place of refuge. Making of rules for women and girls in refuge. Penalty for inducing or assisting woman or girl to leave refuge, etc. Recovery of sum due on promise or agreement already entered into. Powers of Registrar General to search or authorize search for purposes of the Ordinance. Powers of Registrar General to summon persons capable of giving information respecting woman or girl. Service of summons, notice, etc. Reception in evidence of warrant. Schedule of repeals not printed. Registrar General's office. Appointment of officers and regulation of their duties. Schedule of repeals not printed. Presumption in respect of signature of notice, etc. Protection of person acting under the Ordinance. Making of rules and regulations. Schedule of repeals not printed. Section 34.
Short title. Interpretation of terms. Traffic in woman or girl. Procuration of woman or girl. 48 & 49 Vict.c. 69 s. 2. Defilement of girl between 12 and 16 years of age. 48 & 49 Vict.c. 69 s. 5. Defilement of girl under 12 years of age. Ib.s.4. Indecenet assault upon female. 24 & 25 Vict.c. 100 s. 52. 43 & 44 Vict.c. 45 s.2. Unlawful detention of woman or girl. 48 & 49 Vict.c. 69 s. 8. Procuring defilement of woman or girl. 48 & 49 Vict.c. 69 s.3. Carnal or attempted carnal knowledge of female idiot. Ib.s.5. Punishment of householder, etc., permitting defilement of girl on his premises. 48 & 49 Vict.c. 69 s. 6. Punishment of occupier or keeper of brothel permitting woman suffering from contagious disease to remain in brothel. See Ordinance No. 1 of 1882. Closing of disorderly lodging-house and of brothel on complaint of Captain Superintendent of Police or of Registrar General. No. 3 of 1890. No. 1 of 1894. Liability of immediate landlord of disorderly lodging-house or brothel. Power to Magistrate to determine tenancy of disorderly lodging-house or brothel. Power to Police to visit disorderly lodging-house or brothel. Punishment of male person living on prostitution, etc. See Ordinance No. 1 of 1882. Receiving of harbouring woman or girl brought into the Colony by force, etc. Receiving or harbouring girl procured or woman or girl sold for prostitution. Decoying woman or girl into or away from the Colony for emigration. Rape. 24 & 25 Vict.c. 100 s. 48. 48 & 49 Vict.c. 69 s. 4. 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. Ib. 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. Ib.s.54. Abduction of girl under 16 years of age. Ib.s.55. Presumption as to age of girl or child. No. 2 of 1865.Person charged and husband or wife to be competent witnesses. 48 & 49 Vict.c. 69 s. 20. No certiorari or quashing for want of form. Punishment of misdemeanor under the Ordinance. Punishment of whipping on second or subsequent conviction. Schedule of repeals not printed. See Ordinance No. 7 of 1901. Custody of adopted girl, etc. Powers of Registrar General for purposes of the Ordinance. Removal of woman or girl to place of safety, in default in photograph and security. Schedule. Order for removal of girl to place of refuge. Making of rules for women and girls in refuge. Penalty for inducing or assisting woman or girl to leave refuge, etc. Recovery of sum due on promise or agreement already entered into. Powers of Registrar General to search or authorize search for purposes of the Ordinance. Powers of Registrar General to summon persons capable of giving information respecting woman or girl. Service of summons, notice, etc. Reception in evidence of warrant. Schedule of repeals not printed. Registrar General's office. Appointment of officers and regulation of their duties. Schedule of repeals not printed. Presumption in respect of signature of notice, etc. Protection of person acting under the Ordinance. Making of rules and regulations. Schedule of repeals not printed. Section 34.
Identifier
https://oelawhk.lib.hku.hk/items/show/699
Edition
1901
Volume
v2
Subsequent Cap No.
213
Cap / Ordinance No.
No. 4 of 1897
Number of Pages
15
Files
Collection
Historical Laws of Hong Kong Online
Citation
“PROTECTION OF WOMEN AND GIRLS ORDINANCE, 1897,” Historical Laws of Hong Kong Online, accessed November 20, 2024, https://oelawhk.lib.hku.hk/items/show/699.
