THE HONGKONG GOVERNMENT GAZETTE, 18TH MAY, 1889.
act, or behave himself as the person having the care or mauagement of such house or portion of a house so suspected as aforesaid and such person shall be brought forthwith before a Magistrate to be dealt with according to law.
39. It shall be lawful for the Registrar General when- ever he shall have reason to suspect that a house or a portion of a house is used as a Brothel and has not been registered as such, to institute an investigation with reference thereto, and for such purpose or for the pur- pose of any appeal under Section 42 to summon in writing before him the householder or his agent, and any tenant or occupier of any portion of such house and all other persons capable of giving evidence in such matter, and to examine them upon oath touching the subject of such investigation, and any person who shall neglect or refuse to appear before the Registrar General at the time and place specified in such summons, or to auswer all questions which may be put to him in the course of such examination shall upon conviction thereof before a Magis- trate be liable to a fine not exceeding Five hundred dollars or to imprisonment with or without hard labour for any term not exceeding six mouths, and in the event of his giving false testimony in the course of such examination he shall be liable to be tried and punished for perjury and for that purpose every such investigation shall be deemed a Judicial Proceeding.
40. The Registrar General shall give notice of such investigation by advertisement in the Gazette, and also to the persons interested in the land whereon such house shall be situate so far as they can be ascertained by reference to the records of the Land Office, but the want of such notice shall not invalidate any proceedings.
41. The Registrar General shall take notes of the evi- dence given during such investigation and if he shall be of opinion that such honse or part of a house as aforesaid is a Brothel and has not been registered as such he shall declare the same to be au Unregistered Brothel under his hand and seal of Office, and a Notification of such declaration shall be inserted in the Gazette as soon as practicable after the making thereof. A copy of the Gazette containing such
Notification shall be conclusive evidence of such declaration, and of the fact that such house or part of a house is an Unregistered Brothel subject nevertheless to appeal as hereinafter provided.
42. Any person aggrieved or affected by any such declaration may within ten days from the date of the No- tification thereof in the Gazette, or at any time by leave of a Judge of the Supreme Court appeal from the decision of the Registrar General to the said Court, and the Registrar General shall upon notice of such appeal forthwith transmit to the said Judge the notes of the evidence taken by him during such investigation, and upon which such declaration shall have been made, and for the purpose of such appeal shall take and transmit in manner aforesaid such further evidence as the said Judge shall direct, and the said minutes and further evidence if any shall be laid before the said Judge who may confirm the said declaration or may order in writing the same to be cancelled.
43. Any person who shall appear, act, or behave himself as the person having the care or management of
any Un- registered Brothel shall be deemed and taken to be the keeper thereof and shall be liable to be punished as such notwithstanding he may not in fact be the keeper thereof.
44. Every keeper of an Unregistered Brothel shall be liable for the first offence of keeping such Brothel to a fine not exceeding One hundred dollars or to imprisonment with or without hard labour for a term not exceeding three months, for the second offence to a fine not exceeding two hundred dollars or to imprisonment with or without hard labour for a term not exceeding six months, and for a third and any subsequent offence to a fine not exceeding five hundred dollars or to imprisonment with or without hard labour for a term not exceeding twelve months: Provided always that it shall be lawful for a Magistrate to punish such offender both by fine aud imprisonment if he shall think fit.
45. Whenever any house or part of a house shall have been twice declared by the Registrar General to be an Unregistered Brothel it shall be lawful for him by Warrant under his hand to close up the same, and such house or part of a house shall not be re-inhabited unless the Registrar
Investigation by Registrar General as to suspected Brothel.
[Ord. 10 of 1867 Sec. 21]
Notice of such investigation. [Ibid. Sec. 22.]
Declaration
by Registrar General that a house or part of a house is an Unregis- tered Brothel. [Ibid. Sec. 23.]
Appeal from such declars- tion to Judge of Court of Summary Jurisdiction. {Zbid. Sec, 24.]
Who shall be deemed keeper
of an Unregis- tored Brothel [Ibid, Sec. 25.]
Penalty for keeping Unregistered Brothel [Ibid. Scc. 27.
Preraises twice declared to be used as an Unregistered Brothel may be closed up. [Ibid. Sec. 28.]
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