506
THE HONGKONG GOVERNMENT GAZETTE, 12TH JUNE, 1897.
Abduction of
a woman
against ber will from motives of lucre,
16. (1.) When any woman of any age has any inter- est, whether legal or equitable, present or future, absolute, conditional, er coutingent, in any real or personal estate or is a presumptive heiress or coheiress or presumptive next of kin, or one of the presumptive next of kin, to anyone hav- ing such interest, every person who, from motives of luere, takes away or detains such woman against her will, with intent to marry or carnally know her, or to cause her to be married or earually known by any other person; and Fraudulent every person who fraudulently allures, takes away, or detains abduction of such woman, being under the age of twenty-one years, out a girl against of the possession and against the will of her father or mother, or of any other person having the lawful care or mother, &c. charge of her, with intent to marry or carnally know her, or to cause her to be married or camally known by any other person, shall be guilty of felony, and, being convicteil thereof, shall be liable to be imprisoned for any term not exceeding fourteen years, with or without hard labour.
the will of her father and
Offender
(2.) Every person, who is convicted of any offence incapable of against sub-section (1) of this section, shall be incapable of taking any of taking any estate or interest, legal or equitable, in any real her property, or personal estate of such woman, or in which she bas any such interest, or which comes to her as such heiress, cobeiress, or next of kin as aforesaid; and, if any such marriage as aforesaid has taken place, such property shall, upon such conviction, be settled in such manner as the Supreme Court shall, upon any information at the suit of the Attorney General, appoiur.
Forcible
any woman with intent to marry her.
17. Every person who by force takes away or detains abduction of against her will any woman of any age, with intent to marry or carnally know her, or to cause her to be narried or carually known by any other person, shall be guilty of felony, and, being convicted thereof, shall be liable to be imprisoned for any term not exceeding fourteen years, with or without hurd labour.
Abduction of a girl under sixteen years of age.
Presumption as to theage of girl or child.
18. Every person who unlawfully takes or causes to be taken any unmarried girl, being under the age of sixteen 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 he guilty of a misdemeanour.
19. When a person is charged with an offence under this Ordinance, or under sections 25 or 51 of Ordinanec 4 of 1865, i!! respect of a girl or child who is alleged in the charge or information to be under any specified age, and such girl or child appears to the presiding Judge or Magistrate to be under that ago, such girl or child shall, for the purposes of the enactment under which the charge is brought, be deemed to be under that age, unless the contrary is proved. 20. Every person charged with any offence under this charged and Ordinance and the husband or wife of the person so charged shall be competent but not compellable witnesses on every hearing at every stage of such charge.
Person
husband or wife to be
competent witnesses.
No certiorari or quashing
for want of form.
Punishment for offences.
Punishment
en second and subsequent convictions,
21. No summary conviction under this Ordinance shull 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 be therein alleged that the party has been convicted and there be a good and valid conviction to sustain the same.
22. Every person who is convicted of any misdemeanour under this Ordinance shall be liable to be imprisoned for any term not exceeding two years, with or without hard labour: Provided always that if the case is determined by a single Magistrate instead of being in bis discretion seut for trial he shall not impose a heavier sentence than one year's imprisonment with or without hard labour, and that where there appears a necessity for a heavier sentence, the case shall be committed for trial at the Supreme Court.
23. (1.) Whenever any person is convicted either sum- of whippingmarily or before the Supreme Court of any offence against any of the provisions of sections 3 to 14, both inclusive, of this Ordinance, if it is proved that the offender has been previously convicted, either summarily or before the Su- preme Court, of an offence under the same or any other of the said sections of this Ordinance, or under the correspond- ing provisions of any Ordinance hereby repealed, it shall be lawful for the Magistrate or Court, in its discretion, to direct that, in addition to the punishment hereiubefore prescribed, the offender, if a mate, be once privately whipped, subjeet to the provisions of the law regulating whipping in force at the time of such direction.