584
A BILL
[No. 11-13.5.37.-2.]
INTITULED
Short title.
Substitution
for Ordin- ance No. 2 of 1865, s. 45A. as enacted by Ordinance No. 13 of 1929, s. 3.
Unlawful
transfers
custody or control of other
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.
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 the Person Amendment Ordinance, 1938.
2. Section 45A of the Offences Against the Person Ordinance, 1865, as enacted by section 3 of the Offences Against the Person Amendment Ordinance 1929, is repealed and the following section is substituted therefor :-
45A (1) Every person who takes any part in any trans- of possession 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 person for any valuable consideration shall be guilty of a misdemeanor and shall be liable to imprisonment for any term not exceeding two years.
persons for valuable
considera-
tion.
(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.