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may be under the impression that it would be useless to prosecute in such a case. The position is much the same with regard to adopted children. In order to dissipate this impression, and also to place the legal position beyond all possible doubt, it has been decided to amend the section so as to make the point clear. Accordingly, paragraph (e) of section 2 of this Ordinance provides that for the purpose of section 45 of the principal Ordinance, ¿.e., for the purpose of proceeding against the kidnapper, the adoptive parent of a child under fourteen and the employer of a child under fourteen, including the employer of a mni tsai under that age, shall be deemed to have had the lawful care or charge of the child. The paragraph also provides (o) that nothing in the sub-section in question is to be construed as affecting any rights of guardianship vested in the Secretary for Chinese Affairs, and (b) that nothing in the sub-section in question shall be construed as conferring on any adoptive parent or employer any right of retaining possession of a child as against the child's parent or guardian or as against the child.
2. The opportunity is taken of making two other amendments of the same section. One of these two amendments is affected by paragraph (4) of section 2 of this Ordinance. Section 45 of the principal Ordinance at present reads "Every person who unlawfully, either by force or fraud, takes away any child". Some little difficulty has sometimes been felt about the words italicised above in the case of very young children where it can hardly be said that either force or fraud is necessary for the kidnapping. Accordingly paragraph (a) of section 2 of this Ordinance deletes the words "either by force or frand" and substitutes the words by any means".
3. The other amendment is made by paragraph (5) of section 2 of this Ordinance. Section 45 of the principal Ordinance at present provides that "no person who has claimed any right to the possession of the child and no person who
"has claimed to be the father of an illegiti- mate child”, shall be liable to prosecution on the ground of having taken the child out of the lawful charge of some other person.
No doubt these words refer to bona fide claims but it has been thought better to provide expressly that the claims must be bu fide.
4. Section 3 of this Ordinance is an attempt to legislate for a matter which has been discussed off and on for fifty years. The section makes it an offence to take any part in any transaction the object of which is to transfer the possession of any minor under eighteen for any valuable consideration, unless the accusél can prove that t'a; trans- action was born fide as solely for a purpose of a pro- posed marriage or adoption in accordance with Chinese custom. The section also makes it an offence to be in possession, without lawful authority or excuse, of any such minor who has been so dealt with after the commence- ment of this Ordinan e, whether such minor was so dealt with within or without the Colony. An offender against the section may be sentenced to a fine not exceeding one thousand dollars or to imprisonment for any term not exceeding one year, or to both such fine and such impri- sonment. No prosecution can be instituted without the consent of the Attorney General,
5. The section also contains three subsidiary provisions as follows:-
(a) I empowers the magistrate to
"find" the age of the minor whether evidence of age be given
or not.
(b) It provides that it shall be no defence to a charge under the section that the minor consented to the transaction, or that the minor received the consi- deration or any part thereof, or that the accused believed or had reasonable ground to believe that the minor was not under the age of eighteen.