Secs. 33 to 39. These contain no material alterations, and sec. 42 of 10 of 1867 is struck out as of no practical use. Sec. 40. This section which replaces sec. 43 of Ordinance 10 of 1867, while giving power to medically examine registered women exempts from such examination those who are registered in brothels for the sole use of Chinese. These women were formerly liable to be examined, but as a matter of fact never were examined. This exemption is directed by the Secretary of State. This Section also gives power to the Registrar General to order any registered woman belonging to a foreign brothel to Hospital for examination as well as any unregistered woman found in such brothel.
Sec. 41 provides against Foreign males being allowed into brothels for Chinese only—and against Chinese males being allowed into houses the inmates of which are medically inspected. The want was met before by a condition in the licence, a condition which however was ultra vires. The 2nd part of this section is law now.
Sec. 42, "A district of Victoria" and a "district of Victoria or within the Harbour" are struck out of old sec. 44 and for the latter expression is substituted the phrase "the Colony or the waters."
Sec. 43. This is an amendment on the old law sec. 45 by giving power to the Registrar General to order persons for medical examination who had been convicted by Magistrates under certain sections. This will save two investigations. The Hongkong Commission referred to this requirement.
Sec. 44. No change in the existing law.
Sec. 45. Was not in force before, and is adapted from the Imperial Act of 1869 section 6.
Sec. 46 to 50. No material change, except that "reasonable evidence" in section 50 is used for "medical examination" in the corresponding section 53 of 10 of 1867, "reasonable evidence are the words of the English Act and clearly should be used here.
Sec. 51. This amends old section 54 by inserting after the word brothel in the first line "other than a brothel for the sole use of Chinese" and by introducing the words "or if any woman who has voluntarily submitted herself to periodical medical examination."
Sec. 52 to 57, re-enacts old law but the old section 57 permitting women out of Hospital on pass" is struck out. The words from "unless" in the old 55th section are also struck out. That is obviously what it ought to be for a woman might escape from periodical examination by suffering a few hours' imprisonment.
Sec. 58. After "person" in first line of old section 62 the words "not a registered brothel keeper" are introduced.
Sec. 59. This section attempts to deal with the complaints about "protected women" frequently acting as prostitutes and allowing their houses to be used as sly brothels. The common lodging house provisions in England would not be quite practicable here.
Sec. 60 and 61. Section 61 places in the hands of the Registrar General and Inspector of Hospitals the powers of making rules and regulations, subject to approval of the Governor in Council for regulating sanitary conditions and other matters instead of the cumbersome plan before existing.
Secs. 62 to 68, Procedure—remains much as it was only it is proposed that the Superintendent of Police should also direct proceedings and that the hearing may be in private instead of leaving it to the person affected to demand publicity as at present. (See recommendation of Lords' Committee, Times 22nd July, 1882). The difficulty is to get the best or almost any evidence if the Court is an open one. There are objections to closed doors but it is submitted that the Magistrate should have the power of excluding the public.
The old schedules have been altered to meet the present requirements.
Hongkong, 21st April, 1883.
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