THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 8, 1909.
A BILL
ENTITLED
An Ordinance to amend the Protection of Wo- men and Girls Ordinance, 1897, as amended by the Protection of Women and Girls Amendment Ordinance, 1905.
BE it enneted by the Governor of Hongkong, with the advice and consent of the Legislative Connell thereof, as follows:--
1. This Ordinance may be cited as the Protection of Short title Women and Girls Amendment Ordinance, 1909, and it and con-
struction. shall be read and construed as one with the Protection of Women and Girls Ordinance, 1897, hereinafter referred to as the Principal Ordinance,
section 18 of the Principal
2. Section 18 of the Principal Ordinance is hereby Ameuls amended by deleting the comma after the word "Colony in the fourth line of sub-section (2), by substituting a Ordinance. semicolon in place thereof, and by inserting the word "
at the end of the said sub-section, and the said section 18 is further amended by inserting, after the said word "or", as a sub-section to be numbered (3), the following words :-
**(3) receives or harbours any unmarried girl, being under the age of eighteen years, knowing that such girl 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."
3. Section 4 of the Protection of Women and Girls Amerals Amendment Ordinance, 1995, is hereby amended by the section 4 of substitution in the first line thereof of the words and figures No. 6 of 1905. “sections 6 or 7" for the word and figure ** scetion 6”,
Ordinance
convict of
4. If upon the trial of any indierment for rape, or any Power on offence made felony by section 6 of the Principal Ordinance, indictment the Magistrate or the jury as the case may he shall be for rape, to satisfie that the defendant is guilty of an offence under certain mis- sections 5, 6, 9 or 10 of the Principal Ordinance, or of au demeanours. indecent assault, but is not satisfied that the defendant is (48 & 49 guilty of the felony charged in such indictment, or of an Viet, c. 69 ) attempt to commit the same, then and in every such ense the Magistrate or the jury as the ease may be may acquit the defendant of such felony, and find him guilty of au 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 had been convicted upon an indictment for such-offence as aforesaid, or for the misdemeanour of an indecent assault,
Memorandum.
This Bill provides that where on an indicinent for an indecent assault on a girl under the age of seven years the evidence of the girl in respect of whom the offence is charged to have been committed or the evidence of any other child under seven years of age is tendered, such evidence though the witness be not sworn or affirmed may be admitted where such girl or other child does not, in the opinion of the Court before which the charge is heard, understand the nature of an oath or affirmation and such Court thinks the girl or other child is possessed of sufficient intelligence and understands the duty of speaking the trath, extending in this respect to charges of indecent assault on children the law with regard to the admission of evidence on charges of defilement of children of tender age.
The Bill also empowers the jury or Magistrate, as the case may be, before whom a charge of rape or of carnal knowledge of a girl under twelve years of age is heard, to acquit of such charge and to convict of either of the lesser offences of defilement of a girl between twelve and sixteen, or of procuring of a woman or girl, or of carnal knowledge of a female idiot, or of indecent assault as on the evidence the case may be.
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