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Power to enter or break into Houses suspected of being
THE HONGKONG GOVERNMENT GAZETTE, 25TH MAY, 1867.
XX. Whenever the Registrar General or the Superintendent of Police or either of them shall have reason to suspect that any House or portion of a House is used as an Unlicensed Brothels. Unlicensed Brothel it shall be lawful for them or either of them and for any Constables or other Persons deputed by them or either of them for the purpose at any time without warrant to enter and if necessary to break into such House or portion of a House and to take into custody any Person who shall appear, act, or behave himself or herself as the Master or Mistress or as the Person having the care or management of such House or portion of a House so suspected as aforesaid and such Person shall be brought forth- with before the Registrar General who may as he shall think fit order such Person to be discharged from custody or may deal with him or her under the Provisions of Section XXI of Ordinance No. 8 of 1858.
Investigation by Registrar General as
XXI. It shall be lawful for the Registrar General whenever he shall have reason to suspected Brothel. to suspect that a House or a portion of a House is used as an Unlicensed Brothel to institute an Investigation as to the existence of any such suspected Brothel and for such purpose or for the purpose of any appeal under Section XXIV to summon in writing before him the Householder or his Agent and every or any Tenant or Occupier of any portion of such House and all other Persons whomsoever and to examine them upon Oath or Declaration 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 and to answer all questions lawfully put to him in the course of such examination shall be liable to a Fine not exceeding $500 or to be Imprisoned with or without Hard Labor for any Term not exceeding Six Calendar Months and in case he shall give false testimony upon Oath or Declaration in the course of such exami- nation he shall be liable to be tried and punished for Perjury and for that purpose every such Investigation shall be deemed a Judicial Proceeding.
Notice of such Investigation.
Declaration by Registrar General
of a House is an Unlicensed Brothel.
XXII. The Registrar General shall whenever he may consider it desirable so to do, give notice of such Investigation by advertisement in the Hongkong Gazette or otherwise to the Householder or his Agent and also to the Crown Lessee, Assignee in Possession, and Mortgagee of 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.
XXIII. The Registrar General shall take notes of the Evidence given during such that a House or Part Investigation and at the close thereof if he shall be of opinion that such House or part of a House as aforesaid is an Unlicensed Brothel he may declare the same in writing under his hand and seal of Office and a Notification of such Declaration shall be inserted in the Hongkong 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 Unlicensed Brothel subject nevertheless to appeal as hereinafter provided.
Appeal from such Declaration to
Executive Council.
Who shall be deemed
Keeper of an
Unlicensed Brothel.
Penalty on Women residing in or
frequenting
XXIV. Any Person aggrieved or affected by any such Declaration may within Ten Days from the date of the Notification thereof in the Hongkong Gazette, or at any time by leave of the Governor appeal from the Decision of the Registrar General to the Governor and the Registrar General shall upon notice of such appeal forthwith transmit to the Governor the notes of the Evidence taken by him during such Investigation and upon which such Declaration shall have been made, and for the purposes of such appeal shall take and transmit in manner aforesaid such further evidence as the Governor shall direct and the said Minutes and further evidence if any shall be laid before the Governor who may confirm the said Declaration or may order in writing the same to be cancelled. A copy of such Order signed and certified by the Colonial Secretary shall be conclusive evidence that such Declaration is cancelled and every Declaration so cancelled as aforesaid shall for the purposes of Section XXIX be deemed to have never been made.
XXV. Any Person who shall appear, act, or behave himself or herself, as Master or Mistress or
as the Person having the Care or Management of any Unlicensed Brothel shall be deemed and taken to be the Keeper thereof and shall be liable to be punished as such notwithstanding he or she shall not in fact be the real Owner or Keeper thereof.
XXVI. Every woman who shall reside in, frequent, or be found in an Unlicensed Brothel for the purposes of common Prostitution shall upon proof thereof to the satis- Unlicensed Brothel. faction of the Registrar General be liable to a Fine not exceeding $50 or to Imprison-
ment for any Term not exceeding Two Months.
for purposes of
Prostitution.