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THE HONG KONG GOVERNMENT GAZETTE, MAY 13, 1938.
Abduction of girl
under 21 years of age.
24 & 25 Vict. c. 100, s. 55.
Presumption as to age
of girl.
No summary
warrant to
be quashed
26. Every person who unlawfully takes or causes to be taken any unmarried girl, 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 shall be guilty of a misdemeanor: Provided that ne prosecution shall be brought under this section in respect of any girl of or above the age of 16 years without the consent of the Secretary for Chinese Affairs.
27. When a person is charged with an offence under this Ordinance, or under any other enactment, in respect of a girl who is alleged in the charge or indictment to be under any specified age, and such girl appears to the presiding magistrate or judge to be under that age, such girl shall for the purposes of the enactment under which the charge or indictment is brought be deemed to be under that age unless the contrary is proved.
28. No summary conviction under this Ordinance shall conviction or be quashed for want of form or be removed by certiorari, and no warrant of commitment shall be held void by reason of any defect therein, provided it is therein alleged that the party has been convicted and there is a good and valid conviction to sustain the same.
for want
of form.
24 & 25 Vict. c. 100, s. 72.
Punishment for mis- demeanor under this Ordinance.
Flogging.
ct. No. 3 of 1903.
Powers of the Secretary
for Chinese Affairs as to guardian- ship, etc.
29. Every person who is convicted of any misdemeanor under this Ordinance shall be liable to imprisonment for any term not exceeding two years: Provided always that if the case is determined by a single magistrate instead of being, in his discretion, sent for trial, he shall not impose a heavier sentence than one year's imprisonment, and that where there appears a necessity for a heavier sentence, the case shall be committed for trial at the Supreme Court.
30. (1) Whenever any person is convicted either summarily or before the Supreme Court of any offence against. the provisions of section 4 or section 7 it shall be lawful for the magistrate or court to direct that, in addition to the punishment hereinbefore prescribed, the offender, if a male, be flogged.
(2) Whenever a person is convicted of any offence against the provisions of section 3, 5, 6, 8, 9, 10, 11, 17, 18, 19 or 20, if it is proved that the offender has been previously convicted either summarily or before the Supreme Court of an offence against the provisions of the same or any other of the said sections it shall be lawful for the magistrate or court to direct that, in addition to the punishment hereinbefore prescribed, the offender, if a male, be flogged.
31.-(1) Whenever any person adopts as his own and obtains the custody of the child of any other person, such child being a girl under the age of 21 years, the legal guardianship of such child while in this Colony shall vest in the Secretary for Chinese Affairs unless the custody of the child was given to the adopter by order of a competent
court.
(2) Subject to the provisions of sub-section (5), when- ever the Secretary for Chinese Affairs, upon such inquiry as he may think fit to make, is satisfied that either of the parents or any person acting in the place of a parent of any girl under the age of 21 years has parted or agreed tc
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