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Extract from Hong Kong Standard dated 23/7/71

Raped girl got a poor deal

eight months I have been struggling to get justice for a child through the bartment, but have failed. I now appeal to public opinion. Perhaps in

there may be a solicitor who will take up the case since neither the child. rents have money, and she cannot get Legal Aid.

§ name cannot be is only 14 years was only 12 1⁄2 at the offence against

was working in simshatsui, starting of ten; she worked day and received lodgings and $20 aid to her parents. rs after she began re, her employer's

9, began to › rape ning her not to ake a noise. The pe was only when thechild

and the father condition.

well advanced in before this was and her mother had shat had happened

she did not She identified the ist at a. Police on Parade in

70, and the man 1. The case made some of the press. je reason that has

explained, the Police sent the file ic Prosecutor, who to make a charge. to the Attorney gal Department, in 1970, asking why had been laid, and © General replied in letter, "I do not ng into the reasons considered not to public interest to this case." He also

for sending the Sonally to him: wanted him to see little victim of his

btained the original made by the child ther to the Police, isfied that they had he story to me, and was a case to failed to get. Legal

Aid as this is not given in cases of rape. The regulations appear to need changing on this point since most cases of rape involve poor children in Hongkong.

The little girl entered hospital in December and had her baby: I believe it. was by Caesarian operation. Reports from the Social Welfare Department confirm that the girl was an innocent little child, and that her parents^^^ were depressed on her behalf. The father threatened in my presence to jump from the Magistracy Building in protest against the injustice to the child, but`he was, permaded instead to continue the struggle on her behalf.

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In my negotiations with the Legal: Department I met stone...... › › wall. The Acting Attorney General pleaded that "it would be very wrong to subject her (the girl); to the ordeal of recounting her experience in a public court unless it was... considered absolutely necessary” “This is a clear admission that, the child was known to be the innocent victim. And what. about the danger to other girls of having such a man sleeping on the premises `where · young girls were housed?

:

It then unexpectedly came to light that this child was not the first girl worker to become a victim to this man. A year previously another girl," aged 16, had been defiled, having been seduced by promise of marriage. When I asked the Solicitor General if this man should go free to rape girls (the danger was obvious since girls worked in the factory), he replied facetiously that this question was in the nature of asking “Have you stopped beating your wife?”

He did not, however, on this or any other occasion answer my questions in a straightforward......... manner,

or

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even accurately. I therefore had to write again and ask him tơs, check this other case. I gave, the year and the Police Station involved and considered records would be availablba, The Solicitor General replied, that no such report could be found.

At this point I found an unexpected witness! Hef been wrongly - named seducer of the 16-year-ol and had been.' arrestee questioned. With the addi details it was then poss pin-point the case and ba and the Solicitor Genera had to admit that ther

*

Letters to

the Editor

and she accusation.

The lie piece of 16-year-old witness said he her seducer: She

force the witne er In fact, intimidated to us the man's name: he had been of her workmates ***

It took five afternoons hard searching to locate girl. She confirmed that such a case. Nowɗactionin hade had been seduced by promises been taken - against yi ithe of marriage, that she had been employer on that, pecasion { because it was, so the Police are supposed to have said, false charge made by the girl to.... persuaded force the man

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intimidated into naming the wrong person, and that seducer with police help, had

her mother narry, her; ** withdraw the charges after

the** charges,

marriage was

* In fact married. And, learned of her the little innoce

It has take ferret out

daliber

rezy tum General Office

action. I

condemnation /

Only a, fair little, girls victims sho The infant

ined.“ challe

eral to conta

this story

vestigated

withdrew offer of ithdrawn. the man after she

ate's fate,

child.

months formation, truction at Solicitor

now want

asking

thet man: than other Fond(up as guilty." support, 2 should be

Solicitor any point Ch I have

#greatest

possible care a and' under une st difficulte cârcumstances

to lack, his office.

*cooperation by -

'Accusations unfounded.

pleaded · not guilty. - tou charge? (f

Between that date and date set down for trial the Director of Public Prosecutions mas arcamal in such cases, gave careful consideration to the evidence.

A SPOKESMÄN for the Attorney General's Chambers referring to the letter sent by Mrs Elliott, say, that the suggestion contained in it that there had been deliberate obstruction of Mrs Elliott's enquiries on the part of the Solicitor General's office is He reached the conclusion totally unfounded; as is, thoị that there

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insufficient

suggestion that in his evidence to require correspondence with Mrs individual to stand trial. It Elliott the Solicitor General · not customary to give adopted a callous attitude and showed a lack of sympathy with the young girls concerned.

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In this letter Mrs Elliott refers to one child and one young girl against whom sexual offences were said, to`have been ♫ committed.

With regard to the young child, a charge was brought in a magistrate's court against an individual. He appeared and

reasons why Director of Publi Prosecutions exercises his discretion in such cases and stops a prosecution: The reason is given in this case because di the false impression that might be gained from this letter that the cass was

handled.

improperly

So far as the other young girl was concerned, Mrs Elliot was informed that reports the police books kept at the police station indicated that her case

in question

find a missing

that on questioned having had relationship

E. Ellott

complain of nits but rathy

question, but having that she intercourse

ace to

showed sound "and;

denied improper he man in story of

her parents "hað“, sexual

his man in order to persuade them allow her to marry him,

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In those circumstances, no entry was made in the crime report books off the police station.

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This information was contained in one of a series of 17 letters. which . were exchanged

subject between Mrs Elliott and the Solicitor General between November of last year and June of this year.

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