THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 16, 1938. 691
HONG KONG.
No. 16 of 1938.
I assent.
L.S.
G. A. S. NORTHCOTE, Governor.
16th September, 1938.
An Ordinance to repeal and replace section 45A of the Offences Against the Person Ordinance, 1865, as enacted by the Offences Against the Person Amendment Ordin- ance, 1929.
16th September, 1938.]
Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:
1. This Ordinance may be cited as the Offences Against Short title. the Person Amendment Ordinance, 1938.
ance No. 2
2. Section 45A of the Offences Against the Person Substitution Ordinance, 1865, as enacted by section 3 of the Offences for Ordin- Against the Person Amendment Ordinance 1929, is repealed of 1865, and the following section is substituted therefor :-
s. 45A, as enacted by Ordinance No. 13 of 1929, s. 3.
Unlawful
transfers of possession
custody or
45A (1) Every person who takes any part in any trans- action the object or one of the objects of which is to transfer or confer, wholly or partly, temporarily or per- manently, the possession, custody or control of any other control of person for any valuable consideration shall be guilty of a persons for misdemeanor and shall be liable to imprisonment for any term considera- not exceeding two years.
(2) Every person shall be guilty of a misdemeanor and liable to imprisonment for any term not exceeding two years, who without lawful authority or excuse harbours or has in his possession, custody or control any person with respect to whom the temporary or permanent possession, custody or control has been transferred or conferred for valuable con- sideration by any other person within or without the Colony.
(3) Nothing in this section shall be construed as affecting the customary giving or receiving of presents on occasions of bona fide betrothals, weddings or adoptions.
(4) No prosecution under this section shall be instituted without the consent of the Secretary for Chinese Affairs : Provided that such consent shall not be necessary for the arrest of any person suspected of having contravened this section.
Passed the Legislative Council of Hong Kong, this 15th day of September, 1938.
B. C. K. HAWKINS,
Deputy Clerk of Councils.
other
valuable
tion.