Enclosure 2
Men by Mr. Justice Russell, 96
Objects and Reasons,
The working of Ordinances 10 of 1867 and 2 of 1876 has disclosed defects, and the object of this Ordinance is to remedy them. It is thought convenient to adopt as far as possible the frame of Ordinance 10 of 1867 amended by 2 of 1876, as the basis of a new Ordinance,
The following changes in No. 10 of 1867 will be found in the Bill now submitted:--
In sec. 2 of the present law the definition of "district" is struck out as no longer necessary, and a much needed definition of "brothel" is inserted. "Registered" and "unregistered" are substituted for "licensed" and "unlicensed" throughout the Ordinance.
"Superintendent of Police" is amplified so as to include the "Deputy Superintendent."
Secs. 3 and 4 are enspending and repealing clauses.
Sec. 5 continues appointments.
Sec. 6 enables the Registrar General to grant certificates of registration instead of licences as before,
Sec. 7 enacts that no certificate of registration shall be granted until the house is certified as fit by a Visiting Surgeon. The Colonial Surgeon in his published papers showed the necessity of this provision.
Sec. 8. This improves sec. 9 of the old Ordinance by requiring a register to be kept of the names of inmates, ages, dates of entering and leaving. This is an obviously necessary record,
Sec. 9 prohibits women being allowed in the brothel at all until duly registered. Inspectors used to give permission to remain until registered. This was evidently improper. This section also requires the mistress to report the absence of an inmate for 24 hours.
Sec. 10 enables the Registrar General to declare disorderly brothels to be nuisances, and to order their abatement under a penalty.
Sec. 11 proposes to prohibit children between the age of 6 and 16 years from being in a brothel. The present limits are 8 and 15. (See Lords' Committee Report and Select Committee of House of Commons. Some Chinese say that no children of any age should be allowed in the brothel, but others think that they may be allowed up to six.)
Sec. 12 alters sec. 15 of the old Ordinance by inserting after "inspected" in the first line the words "with a view to the liberty of the inmates or for sanitary or any other purposes."
Secs. 13, 14, and 15 alter very slightly the old sections of Ordinance 10 of 1867.
Sec. 17, as to what evidence shall be prima facie proof of a house being a brothel is new. Sec. 4 of Ordinance 12 of 1857 was in this direction but was much stronger. This provision will change the onus of proof. It is submitted that it is absolutely necessary if cases are to be heard in public.
Sec. 18 is sec. 21 of Ordinance 10 of 1867, altered so as to require a warrant for entering an unregistered brothel, but gives power to enter any brothel registered or not without warrant if there is a suspicion that the liberty of the inmates is in danger. This section gives power for the arrest of women found in an unregistered house apparently for the purpose of prostitution. This power is much needed. It has always been exercised, but was illegal.
Secs. 19 to 21. Sec. 20 proposes to throw upon a woman found in an unregistered brothel the onus of proof that she was not there for the purposes of prostitution. This is a much needed amendment. These sections now follow sec. 18 in logical order.
Secs. 22 to 27. These are only altered from the old law as to the regulations of appeals from Registrar General rendered necessary by the change in the constitution of Supreme Court.
Sec. 28. The words "the Colony" are substituted for the old words "one mile of any district" in sec. 30 of Ordinance 10 of 1867.
Secs. 29 and 30. No change in former law.
Sec. 31. This is new, and was much wanted to meet the case of the touts for washermen. The arrest should take place however with the sanction of the master of the vessel.
Sec. 32. Makes it clear that a ship is not to be seized or forfeited, which to some minds was doubtful by the old Ordinance.