PROTECTION OF WOMEN AND GIRLS ORDINANCE, 1897

PROTECTION OF WOMEN AND GIRLS ORDINANCE, 1897

No. 4 of 1897.

To consolidate and amended the laws relating to the Protection of
Women and Girls. [10th June, 1897.]

1. The Protection of Women and Girls Ordinance, 1897.

2. In this Ordinance,-
'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,
whether on his own account or as agent or trustee for any other
person, or who would receive the same if such place were let to a
tenant:

As ~inended by No. 50 of 1911.





' Occupier of premises ' means the person in actual occupation
of any preinises:
' Keeper ' includes any person having or appearing to have the
managenient or control of the premises in question.

PART I.
OFFENCE, 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 prostitution either within or without the Colony; or
(2) takes part in brinesing, taking, decoying, or enticing any
woman or girl into or away from the Colony, with Intent to sell,
pledge, let out to hire, purchase, take in pledge, take on hire, or
otherwise dispose of such woman or girl, for the purpose of
prostitution either within or without the Colony : or
(.3) takes part in bringing, taking, decoying, or enticing any
woman or girl into or away from the 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 with-
out the Colony; or
(5) knowingly derives any profit from sale, pledge, hire,
purchase, taking in pledge, taking on hire, or other disposal of any
woman or girl who has been sold, pledged, let out to hire, pur-
chased, taken in pledge, taken on hire, or otherwise disposed of for
the purpose of prostitution either within or without, the Colorly,
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, boon sold, pledged, let out to hire, purebased, taken in pledge,
or taken on hire, knowledge thereof by the accused shall be pre-
sumed, unless he satisfies such jury or Magistrate that lie had not
such knowledge.





4.-(1) Every person who-
(a) procures or attempts to procure any female under 18 years
of age, not being a common prostitute or of known immoral
character, to have unlawful carnal connexion, either within or with-
out the Colony, with any other person; or
(b) procures or attempts to procure any woman or girl to become,
either within or without the Cololy, 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 inmale of a brothel
elsewhere; or
(d) procures or attempts to prochre any wontan 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 initiate of a brothel within or without the Colony,
shall be guilty of a misdeineanor.
(.2) No person shall be convicted of any offence under any of para-
graphs (b), (c), and (d), of the, last 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 12
years and tinder the uge of 16 years, shall be guilty of a mis-
demeanor: Provided that, where both parties are Asiatics, a girl
shall not be deenied 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: Provivded, also, that it shall be a
sufficient defence to any charge tinder 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 reasonable cause to believe that the girl
was of or above the age of 16 years : Provided, also, that no pro-
secution shall be commenced for an offence under this section more
than 3 months after the commission of the offence.

6.-(1) Every person who carnally knows any girl under the age
of 12 years, whether he is married to her or not, shall be guilty of
felony, and shall be liable to imprisonment, for life.
(22) Every person who attempts to have carnal knowledge of any
girl under the age of 12 years, whether he is married to her or not,
shall be guilty of a misdemeanor.
As by -.*~'o. 6 of 1905 and No. W of 1<jll.
As umended by No. 30 of MI and 'No. 1 of 1912.





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 13 years to prove that
she consented to the act of indecency.
(3) Where upon the hearing of a charge under sections 6 or 7
the girl in respect of whom the offence, is charged to have
been committed (or any other child under the age of 7 years) who
is tendered as a witness does not in the opinion of the Court
or Magistrate understand the nature of an oath, 1he evidence may
be received though not given on oath if in the opinion of the Court
such girl or other child isof sufficient intelligence to
justify the reception of the evidence and understands the duty
of speaking the truth : Provided that no person shall be liable to
be convicted of the offence charged under the said sections unless
the evidence admitted by virtue of this sub-section be corroborated
by some other material evidence in support thereof implicating the
accused : Provided -also that any witness whose evidence has been
admitted under this sub-section shall be liable to punishment for
perjury in all respects as if such witness has been sworn.

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 unlaw-
fully and carnally known by any man, whether any particular man
or generally; or
(b) in or upon any premises for an immoral porpose or for the
purpose of emigration; or
(c) in any brothel,
shall be guilty of a inisderneanor.
(2) For the purposes of this section, a person shall be deemed to
detain such woman or girl in or upon such premises or in
such brothel, not only where force, intimidation, or fraud is used, but
also if, with intent to compel or induce her to reinain in or upon
such premises or in such brothel, such person withholds from Such
woman or girl any apparel or other property belonging to
her, or, where wearing apparel has been lent or otherwise supplied
For po~,~er to flog under this seetion, by No. a of
1890 s. 85, and by the Suprerne Court sec '.',o. 3 of 1903 s. 3
(7).
As aniended by N1o. 6 of 1905, Nio. 34 of 190, 1 of 1912,
,LZo. 2 of 1912 and N4o. $ of 1912.

1





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 against any such woman or girl for taking away or being
found in possession of any such wearing apparel as was necessary
to enable her to leave such premises or brothel.

9.-(1) Every person who,--
(a) by threats, intimidation, false, pretences, false representa-
tios, or other fraud means, procures or attempts to procure
any woman or girl to have unlawful carnal connexion either within
or without the Colony; or,
(b) applies, administers to, or causes to be taken by any Woman
or girl any drug, matter, or thing, with intent to stupefy or over-
power so as thereby to enable any person to have unlawful carnal
connexion with such woman or girl,
shall be guilty of a
(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, undcr circumstances which do not amount
to rape, but, which prove that the offender knew, at the time of the
commission of the offence, that the woman or girl was an idiot or
imbecile, shall be guilty of a misdemeanor.

11. Every person who, being the owner or occupier of any
premises or having, or or in, the management or
control thereof, induces or knowingly suffers any girl or such age
as is mentioned in this seetion 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) if such girl is of or above the age of 12 years and under the
age of 16 years, be guilty of a misdemeanor; and,
(2) if such girl is under the age of 12 years, be guilty of felony,
and shall be liable to imprisonment for life
4.3 aillended bj N'O' 30 of 1911 'cl 'NO. 1 of 1912.





Provided that it shall be a sufficient defence to auy charge made
under this section if it is made to appear to the Court or jury before
whom the charge is brought that the pcrson so charged had reason
able cause to believe that the girl was of or above the age of 16
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 fine not exceeding 500 dollars,
and to imprisonment for any term not exceeding one year.
(2) In any prosecution under this section, it shall not be neces-
sary for the prosecution to prove that such occupier or keeper as
aforesaid knew that the woman was suffering from a contagious
disease, but such knowledge shall be presumed, 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 woman
in such brothel is or was suffering from venereal disease shall be
deemed sufficient evidence, until the contrary is proved, that she
is or was in such brothel for the purpose of prostitution.
12a.-(1) On complaint made before a Magistrate by three or
more householders that a house in their immediate neigtbourhood
is used as a lodging-bouse for prostitutes or disorderly persons or
as a brothel, to the annoyance of the respectable inhabitants of the
vicinity, it shall be lawful for the Magistrate to issue a summons to
the owner or tenant of the house, whereof complaint is made, and,
on the hearing of the complaint, if the Magistrale is satisfied that
the house is used in the manner complained of and is a source of
annoyance or offence to the neighbours, he may order the owner
or tenant to discontinue such use of it.
(2) If the owner or tenant fails to comply with such order within
such time as may be fixed thereby, be shall be, liable to a fine not
exededing 15 dollars for every day that the house is so used after
the time fixed by the order.
(3) The provisions of this section shall be without prejudice to
any other proceedings or remedies, civil or criminal, which may be
taken in respect of the matters aforesaid.
As arnended by No. 30 of 1911, No. 1 of 1912 and No. 9 of, 1912.
Asamended by No. 1 of 1894, No. 30 of 1.911, No. 1 of 1912,
No. 2 of 1912 and No. 8 of 1912.





13-(1) On complaint,it made before a Magistrate by the Cap
tain Superintendent of Police or by the Registrar General that any
house or 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, or he
may issue a warrant for the arrest of such occupier or keeper; and,
on the hearing of the case, if the Magistrate is satisfied that
the house or some portion thereof is used in the manner complained
of he shall order the occupier or keeper to discontinue such use of it
and if such order is not complied with within such time not
exceeding one week as the Magistrate may by his order direct, the
Magistrate shall impose upon such occupier or keeper a fine not
exceeding 50 dollars for every day the house or any portion
thereof may be so used after the time directed by the order.
(2) Every occupier or keeper of a house or portion thereof which
is used in the manner aforesaid shall be liable for the first offence
of such use to a fine not exceeding 100 dollars and to imprisonment
for a term not exceeding 3 months : for the second offence to a fine
not exceeding 200 dollars and to imprisonment for a term not ex-
cceding 6 month: and for a third or any subsequent offence to a fine
not exceeding 500 dollars and to imprisonment for a term not
exceeding 12 months.

14. After the use of any promises as a lodging-house for
prostitutes or disorderly persons or as a brothel has been discontinued
under the provisions of either of the last two sections, the,
immediate landlord or, if such landlord is absent from the Colony
or under any disability, his attorney or agent, or if a corporation
is the immediate landlord, the secretary or manager thereof, 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 sum-
mary conviction, to a fine not exceeding 500 dollars and, in default
of payment, to imprisonment for any term not exceeding one Year:
Provided, nevertheless, that if such landlord, or attorney or agent
or secretary or manager, either makes such complaint to a Magis-
.1 A s b 30 ol 1911, No. 37 of 1911,
.y No, 11 of 1904, l~o. :3
'No. 1 of 1912, No. 9 of 11312 and No. 22 of 1912.
As aiiicijdi~(1 by No. 30 of 1911, No. 50 ot 1011, No. 1 of 1912,
-1~o. 2 of l(M.2 and No. 23 of 1912.





trate as is mentioned in the next section within such time as he
considers reasonable, or else proves to the satisfaction of the
Magistrate, that neither he nor the person employed by him or on
his behalf to collect the rent of such premises knew or had
reasonable means of knowing that such premises were being so used
as aforesaid, then the Magistrate, te shall not convict.

15. On complaint, made to a Magistrate by such landlord, or
attorney or agent, or secretary or manager as is mentioned in the
last section to the effect that any premises, the use of which as a
lodging-house for prostitutes or disorderly persons or as a brothel
has been discontinued under the provisions of section 12a or 13
are again in use as a lodging-house for prostitutes or disorderly
porsons or as a brothel, the Magistrate may make an order(which
shall be recogised and effect to in any Procoeding in any
Court,) absolutely putting an end to any existing tenancy of such
premises as from the date of such order, and thereupon such
tenancy shall absolutel ceasc and determine for all purposes, and
any occupier or tenant of such premises may thereafter be treated
as a trespasser.

16. Any European officer of police, not being below the rank of
sergeant, who is authorised generally in writing for that purpose by
the of Police, 'and a,lly porson who is
authorised generally in writing for that purpose, by the I-,egistrar
General, may at all times, without .notice, enter anfi demand to see
and interrogate any or all the ininates of any place on, In,nd or wat oer
whiell lie Illay li~i.ve roasoll to believe, is used as .1 lodgi 11---housefor
prostitutes or disorderly persons or as a brothel or in connexion with
which he may have reason to believe that offence llas been coill-
mitted 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, persistently solicits or importunes for
immoral purposes,
shall be liable to imprisonment for any term not exceeding 3
months.

Asamended by No. 50 of 1911, No. 1 of 1912, No. 2 of 1912,
No. 8 of 1912 and No. 43 of 1912 Supp. Sched.
As aniended by No. 43 of 1912 Supp. Selled.
As amended by No. 30 of 191.1 and No. 51 of 1911.





(2) If it is made to appear to a Magistrate, by information upon
oath, that there is reason to suspect that any house or any part of
a house is used by a female for the purposes of prostitution and that
any male person residing in or frequenting the house is living
wholly or in part on the earnings of such prostitute, the Magistrate
may issue a warrant authorizing any police officer to enter and
search the house and to arrest such male person.
(3) When a male person is proved to live with or to be
habitually in the company of a prostitute and has no visible means
of subsistence, he shall, unless he can satisfy the Court to the con-
trary, be deemed to be knowingly living on the earnings of
prostitutioll.
[sub-section 4 rep. No. 9 of 1912 as amended by No. 43 of
1912']
18. Every person who-
(1) receives or harbours any woman or girl, knowing that she
has, by force, intimidation, or fraud, been brought into or is about
to be taken away from the Colony; or
(2) receives or harbours any woman or girl, with intent that she
should be sold, pledged, let out to hire, purchased, taken in pledge,
taken on hire, or otherwise disposed of for the purpose of prostitu-
tion, either within or without the Colony ; or
(3) receives or harbours any unmarried girl, being under the age
of 18 years, knowing that she has been taken 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 mlsdemeanor.

19. Every person who-
(.1) receives or harbours any girl under the age of 16 years, know-
ing that she has been procured for the purpose of having unlawful
carnal connexion with any other person, and with intent to aid
such purpose; or
(2) receives or harbours any wornan or girl, knowing that she
has been sold, pledged, let out to hire, purchased, or otherwise dis-
posed of, either within or without the Colony, for the purpose of
prostitution, and with intent to ald such purpose,
shall be guilty of a misdemeanor.

As arnended by No. 34 of 1.909 and No. 2 of 1912.
Ah amended by No. 2 of 1912.





20. Every person who, by force, intimidation, or any fraudulent
means, brings, takes, decoys, or entices any woman or girl into or
away from the Colony for the purpose of emigration shall be guilty
of a misdemeanor.

21.-(1) Every person who commits the crime of rape shall be
guilty of felony, and shall be, liable to imprisonment for life,

(2) Every man who induces a married woman to permit him to
have carnal connexion with her by personating her husband shall
be deemed to be guilty of rape.
(3) If upon the trial of any indictment for rape, or for any
offence malde felony by section 6, the Magistrate or the jury, as the
case may be, shall be satisfied that the defendant is guilty of an
offence under sections 5, 6, 9, or 10, or of an indecent assault, but
is not satisfied that the defendant is guilty of the felony charged in
such indictment, or of an attempt to commit the same, then and in
every such case the Magistrate or the jury, as the case may
be, may acquit the defendant of such felony, and find him guilty of
an offence as aforesaid, or of an indecent assault, and thereupon
such defendant shall be liable to be punished in the same manner
as if he bad been convicted upon an indictment for such offence as
aforesald, or for an indecent assault.

22.-When any woman of any age has any interest, whether legal
or equitable, present or future, absolute, conditional, or contingent,
in any real or personal estate, or is a presumptive heiress or
co-heiress or presumptive next of kin, or one of the presumptive
next of kin, to anyone having such interest, every person who, from
motives of lucre, takes away or detains such woman against her
will, with intent to marry or carnally know her or to cause her to
be married or carnally known by any other person, shall be guilty
of felony, and shall be liable to imprisonment for any term not
exceeding 14 years.

23. Every person who fraudulently allures, takes away, or detains
any such woman as is mentioned in the last section, being under the
age of 21 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, with intent to marry or carnally know her or to cause

* As amended by No. 30 of 1911-
+ As airicnded by No. 34 of lf)O*.,), No, 1 of 1912 tind No, 8 of 1912.
AS ttilicil(~C(I by No. ;W of ]uI 1 (kild NO. 5Q of lull.





her to be married or carnally known by any other person, shall be
guilty of felony, and sliall be liable to iniprisonment for any term
not, exceeding 14 years.

21. Every person who is convicted of any offence against the last
two sections shall be incapable of taking any estate or interest, legal
or equitable, in any real or personal estate of such woman, or in
which she has any such interest, or which comes to her as such
heiress, co-lieiress, or next of kin as aforesaid ; and, if any such
marriage as aforesaid has taken place, such property shall, on such
conviction, be settled in such manner as the Supreme Court may,
on any information at the suit of the Attorney General, appoint.

25. Every person who by force takes away or detains against her
will any woman of any age, with intent to or carnally know
her or to cause her to be married or carnalIy known by any other
person, shall be guilty of felony, and shall beliable to imprisonment
for any term not exceeding 14 years.

26. Every person who unlawfully takes or causes to be taken
any unmarried girl, being under the age of 18 years, out of
the possesslon and against the will of her father or mother or of any
other person having the lawful care or charge of her shall be guilty
of a misdemeanor.

27. When a person is charged with an offence 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 purposes of the
enactinent under which the charge, or indictment is brought, be
deemed to be under that age, unless the contrary is proved.
[s. 28, rep. No. 1 of 1912.]

29. No summary conviction under this Ordinance shall be quashed
for want of form or be removed by certiorari, and no warrant of
commitment sliall 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.

* As airiended by No. 50 of 1911.
+ As arriended by No. 30 of 1911.
~ As fLLri(,ridt,,d by No. 6 of 1905.





30. Every person who is convicted of any misdemeanor under this
Ordinance shall be liable to imprisonment for any term not exceed-
ing 2 years : Provided always that if the case is determined by a
single, instead of being, in his discretion, sent for trial
he shall net impose a heavier sentence them one year's imprison-
ment, and that, where there appears a necessity for a heavier sen-
tence, the case shall be committed for trial at the Supreme Court.

21. Whenever any person is convicted, either summarily or before
the Supreme Court, of any offence against any of the provisions of
sections 3 to 11, or of sections 18 to 220, if it is proved that
the offender has been previously convicted, either summarily or
before the Suprenme Court, of an offence against the same or any
other of the said sections, lit shall bc lawful for the Magistrate or
Court to direct that, in addition to the punishement hereinbefore
prescribed, the offender, if a male, be, flogged.

PART II.
POWERS OF
32. No parent or person acting in the place of a parent who has
voluntarily parted with a girl for the purpose of adoption into
another family, or who has received money for parting with the
Custody of such girl for any purposes, 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, and the legal guardianship of such
girl shall be vested in the Registrar General who may take such
action as he thinks best to seure her welfare, and he may require
any person in whose charge he shall place the girl to enter into a
bond with one or more sureties to treat the girl well and to produce
her before him whenever lie shall so require.
In case it shall be proved to his satisfaction that any girl has not
been treated properly by the person in whose charge She is and
that she is unwilling to continue to remain in his charge, it shall be
lawful for the Registrar General to call upon such person to produce,
proof to his satisfaction that he is the legal guardian of the girl, and
failing the production of such proof the Registrar General shall be
deemed to be her legal guardian.

* As aniended by No. 30 of 1911.
+ As amended 'by No, 1 of 1012 and N(. 2 of 1912.
As arnended by No. 15 of 1910, No. 2 of 1012 alid No. 8 of 1912.





53. Whenever the Registrar General has reason to believe-
(1) that any woman or giral has been brought into the Colony,
either after having been purchased or by force, intimidation, fraud,
mis-representation, or any false pretence, for immoral purposes or
for purposes of emigration ; or
(2) that any wonian 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 for immoral purposes or for purposes
of emigration; or
(3) that, in any of such cases any woman or girl, from fear, igno-
rance, or any other cause, is unwilling or unable to disclose the true
circumstances of the case,
he may inquire into the case, and may require any person in whose
custody or under whose control she appears to be to furnish
a photograph of such wolflan or girl and security in a reasonable
amount, to the satisfaction of the Registrar General, that such
woman or girl shall not leave the Colony without the previous con-
sent 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 produced bufore the Registrar General whenever he
so requires.

34-(1) In default of such photograph and security being furnish-
ed, the Registrar General may, by warrant under his hand, order
that such woman or girl be removed to a place of refuge, where she
shall reinain until she can be returned to the place whence she was
brought or other proper provision can be made for the protection of
her interests and liberty.
(2) The security to be furnished under this section shall be a per-
sonal bond, with one or more sureties, in the form in the schedule
or in such other form as may be prescribed by the Governor-in-
Council.

35-(1) The Registrar 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 16
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 19 years, or marries, or
is adopted, whichever event, first happens.

As arnended by No. 2 of 1912.
As amended by No, GO of 1141 and No. 1 of 1,312.





(2) A girl found living in or frequenting a brothel shall be deemed
to be a girl who is being trained for immoral purposes.

26. Every woman or girl residing in such place of refuge as is
referred to in the last two shall he subject to such
regulations as may be made by the Governor-in-Council ; and every
woman or girl who, contrary to such regulations, leaves any such
place of refuce 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 anthorised by the Registrar
General in writing in that behalf.

37-(1) Every person who induces or assists in any woman or girl
so detained to leave, contrary to such regulations, the place of re-
fuge in which she is residing, or knowingly harbours any such
woman or girl, shall, on summary conviction, be liable to a fine not
exceeding 100 dollars, or to imprisonment for any term not exceed-
ing 3 inonths.
(2) Every person who, without lawful authorlity or purpose, com-
municates or attempts to communicate with any wornan or girl so
detained, or induces or attempts to induce any such woman or girl to
break any such regulations shall be liable to the same punishment.

38. In any action brought, for the, recovery of any sum due on
any promise or agreement which, before the commencement of
Ordinance No. 9 of 1887, has been entered into before the Registrar
General with respect to the custody, maintenance, or giving in
marriage of any fernale child, it shall not be Decessary for the plain-
tiff to allege that any consideration was given for the said promise
or areegment; and it shall not be competent, for the defendant to
allege 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 grenerally or
specially authorised for that purpose in writing by him, shall have
power, without warrant, to search any ship, boat, building, or other

* As by i~,.n. 150 o~ 11511 'vifl -i*~c). 1 ~)f 1,312.
No. 21 of 1912.
Asatnended by No. 1 of 1912. Orclinance Yo. 9 of 1887 (old
numbering) commeneed on the EM) April, 1887, It ivis
repealed by ~,c). 10 of 1989 (old numbering).
As arnended by No. 1 of 1912 ancl No. 2 of 1912:





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 this
Ordinance or in which he has reasonable cause to suspect that an
offence under this Ordinance is being corninitted, and may reniove
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
authorised for that purpose in writing by him, shall have power to
search any ship, boat, house, building, or other place, for the pur-
pose of ascertaining whether there is therein any woman or girl who
is or may be liable to be dealt with under this Ordinance or whether
any ofFence tinder this Ordinatice 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.

40.-(1) The Registrar General shall have power, by notice in
writing under his hand, to summon before him any person whom he
may have reason to believe can give any information respecting any
woman or girl mentioned in this Part, and respecting the treatment
of such woman or girl, or respecting any inmate of a brothel.
(2) Every person who,-
(a) on service of such notice, does not appear at the time and
place therein mentioned; or
(b) fails to prodtice all doemnents iri his custody, possession, or
power relatlilg to such woman or girl and to answer truthfully all
questions which the Registrar General may put to him respecting
such wornan or girl or in any way relating to matter being in-
quired into; or,
(c) without reasonable excuse refuses or neglects to produce, such
woman or girl when so required by the Registrar General,
shall, on summary conviction, be, liable to a fine not exceeding 100
dollars, or to imprisonment for any term not exceeding 3 months.

41. All summonses, notices, and other documents required to be
served under this Ordiiiance on behalf of the Registrar General shall
be decilled Validly alld suffielently served if served on or left with
the person intended to be served or, if he cannot be found, if left
at his last known place of abode or business by any person authoris-
ed in that behalf by the Registrar General.

As :,,tnc~i~ded by No. 30 of 1911, No. 1 of 1912 and No. 21 of 1912.





42. Every warrant purporting to be issued in pursuance of this
Ordinance under the hand and seal of the Registrar General, shall
be received in evidence in every Court without further proof, and
shall be evidence of the facts therein stated, and all acts done in
pursuance of such warrant shall be deenied to have been authorised
by law.

43. The Registrar General shall sit in discharge of his drities in
such placc as may be appointed by the Governor.

PART III.
GENERAL PROVISIONS.
44 The Governor may appoint such officers as may be necessary
for carrying out the provisions of this Ordinance, and may make
rules to regulate the performance of their duties.

45. Tn any proceeding under this Ordinance, every notice, order,
copy of regulations, or other instrusment sliall 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.
[s. 46, rep. No. 31 of 1911.]

47.-(1) The Governor-in-Council max make regulations in res-
pect of the following matters:-
(a) the care, maintenance, and education of women and girls
detained under Part II;
(b) the manner and conditions in and under which the powers
conferred by this Ordinance shall be exercised ; and
(c) generally in relation to any matters for carrying into effect
the objects of this Ordinance.
(2) Such regulations shall take effect at the expiration of 7 days
after the publication thereof in the
(3) Every person who disobeys or infringes any of such regula-
tions shall, on summary conviction, be liable to a fine not exceeding
50 dollars, and to imprisonment for any term not exceeding one
month.
As aniended by No. 1 of 1912 and No. 2 of 1912.
As amended by No. 50 of 1011, No. 1 of 1912 and No. 2 of 1912.
As arnende(l by No. 1 of 1912.
As amended by No. 30 of 1911, No. 1 of 1912, No. 2 of 1912 and
No. 21 of 1912.
(4) Until regulations are made under this Ordinance,Ahe regula-
tions made under any Ordinance hereby repealed shall continue to
be as valid as if made under this Ordinance, and any references in
such regulations to such repealed enactments shall be taken to
apply to the corresponding enactinents of this Ordinance.

SCHEDULE.

Form of Bond [s.34.]

Know all men by these presents that we and
are held and firinly bound unto His Majesty the King, His Heirs and Successors, in
the sum of $ to be paid to the Treasurer 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 with our seals.

Dated this day of , 19 .

Now the condition of thils 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 Registrar General, and shall net
be trained or disposed of as a prostitute or for immoral purposes, and also if the said
shall be produced froin time to time before the Registrar General
within twenty-four hours after notice in writing has been given to any or either of
the said and requiring such production, then this
obligation to be void, otherwise to remain in full foree.
[L.S.]
[L.S.]
Signed, sealed, and delivered by
the above-named
and
in the presence of
Short title. Interpretation of terms. Traffic in women or girls. Procuration of women or girls. [48 & 49 Vict.c. 69 s. 2.] Defilement of girl between 12 and 16 years of age. [ib.s.5.] Defilement of girl under 12 years of age. [ib.s.4.] Indecent assault upon female. [24 & 25 Vict.c. 100 s. 52; 43 & 44 Vict.c. 45 s. 2.] Evidence of child of tender years admitted unsworn. Unlawful detention of women or girls. [48 & 49 Vict.c. 69 s. 8.] Procuring defilement of women or girls. [48 & 49 Vict.c. 69 s. 3.] Carnal knowledge of female idiot. [ib.s.5.] Punishment of householder, etc., permitting defilement of girl. [ib.s.6.] Punishment of keeper of brothel permitting woman suffering from contagious disease to remain. Closing of disorderly house on complaint of neighbours. Closing of disorderly house on complaint of Captain Superintendent or Registrar General. 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. Receiving or harbouring women or girls brought into the Colony by force, etc. Receiving or harbouring girls procured or women or girl sold for prostitution. Decoying women or girls for emigration. Rape. [24 & 25 Vict.c. 100 s. 48; 48 & 49 Vict.c. 69 s. 4.] Power on indictment for rape, to convict of certain misdemeanors. [48 & 49 Vict.c. 69 s. 9.] Abduction of woman. Against her will, from motives of lucre. [24 & 25 Vict.c. 100 s. 53.] Fraudulent abduction of girl against the will of her father or mother, etc. [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 18 years of age. [ib.s.55.] Presumption as to age of girl or child. No. 2 of 1865. No certiorari or quashing for want of form. Punishment of misdemeanor under the Ordinance. Flogging on second or subsequent conviction. [cf. No. 3 of 1903.] Custody by Registrar General of adopted girl, etc. Powers of Registrar General. Removal of woman or girl to place of safety, in default of photograph and security. Order for removal of girl to place of refuge. Regulations for women and girls in refuge. Penalty for inducing or assisting woman or girl to leave refuge, etc. Recovery of sum due on promise or agreement already entered into. Powers of search of Registrar General. 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. Registrar General's office. Appointment of officers and regulation of their duties. Presumption in respect of signature of notice, etc. Regulations.

Short title. Interpretation of terms. Traffic in women or girls. Procuration of women or girls. [48 & 49 Vict.c. 69 s. 2.] Defilement of girl between 12 and 16 years of age. [ib.s.5.] Defilement of girl under 12 years of age. [ib.s.4.] Indecent assault upon female. [24 & 25 Vict.c. 100 s. 52; 43 & 44 Vict.c. 45 s. 2.] Evidence of child of tender years admitted unsworn. Unlawful detention of women or girls. [48 & 49 Vict.c. 69 s. 8.] Procuring defilement of women or girls. [48 & 49 Vict.c. 69 s. 3.] Carnal knowledge of female idiot. [ib.s.5.] Punishment of householder, etc., permitting defilement of girl. [ib.s.6.] Punishment of keeper of brothel permitting woman suffering from contagious disease to remain. Closing of disorderly house on complaint of neighbours. Closing of disorderly house on complaint of Captain Superintendent or Registrar General. 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. Receiving or harbouring women or girls brought into the Colony by force, etc. Receiving or harbouring girls procured or women or girl sold for prostitution. Decoying women or girls for emigration. Rape. [24 & 25 Vict.c. 100 s. 48; 48 & 49 Vict.c. 69 s. 4.] Power on indictment for rape, to convict of certain misdemeanors. [48 & 49 Vict.c. 69 s. 9.] Abduction of woman. Against her will, from motives of lucre. [24 & 25 Vict.c. 100 s. 53.] Fraudulent abduction of girl against the will of her father or mother, etc. [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 18 years of age. [ib.s.55.] Presumption as to age of girl or child. No. 2 of 1865. No certiorari or quashing for want of form. Punishment of misdemeanor under the Ordinance. Flogging on second or subsequent conviction. [cf. No. 3 of 1903.] Custody by Registrar General of adopted girl, etc. Powers of Registrar General. Removal of woman or girl to place of safety, in default of photograph and security. Order for removal of girl to place of refuge. Regulations for women and girls in refuge. Penalty for inducing or assisting woman or girl to leave refuge, etc. Recovery of sum due on promise or agreement already entered into. Powers of search of Registrar General. 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. Registrar General's office. Appointment of officers and regulation of their duties. Presumption in respect of signature of notice, etc. Regulations.

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