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10
custom.
The section also makes it an offence to be in
possession, without lawful authority or excuse, of any such
minor who has been so dealt with after the date of the
first publication of the bill, whether such minor was so
dealt with within or without the Colony. No doubt, proof
that the transaction was for the purpose of a Chinese
marriage or adoption would bring a person within the
exception of lawful authority or excuse. An offender
against the section may be sentenced to a fine not
exceeding one thousand dollars or to imprisonment for any
term not exceeding one year, or to both such fine and such
imprisonment. No prosecution can be instituted without
the consent of the Attorney General.
6.
Section 3 also contains three subsidiary provisions
as follows :
(a)
It empowers the magistrate to "find" the
age of the minor whether evidence of age
be given or not.
(b)
Pa
(c)
It provides that it shall be no defence
to a charge under the section that the
minor consented to the transaction, or
that the minor received the consideration
or any part thereof, or that the accused
believed or had reasonable ground to believe
that the minor was not under the age of
eighteen.
It also provides that nothing in the
section is to be considered as recognising
in any way whatsoever the possibility that
rights of possession, custody or control
over any person can be transferred or
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