Admis sibility of register, etc.
(Ordinance No. 6 of 1938.)
Regula tiona.
20
month Provided that no prosecution hereunder shall be instituted without the consent of the Secretary for Chinese Affairs.
39. (1) In any prosecution for an offence against section 38 the following shall be admissible in evidence upon production— (<) any register or any part of a register which purports to be kept under section 38 or was kept under section 32 of the Protection of Women and Girls Ordinance, 1938; (b) any extract from any such register purporting to b
certified as correct by the Secretary for Chinese Affairs or any Assistant Secretary for Chinese Affairs; (c) any photograph purporting to be certified by the Secretary for Chinese Affairs or any Assistant Secretary for Chinese Affairs as a photograph furnished to him in pursuance of any of the provisions of this Ordinance or of any enactment repealed by this Ordinance or of any regulations made under this Ordinance or such enact-
ment.
(a) If any such photograph appears to have a serial number, and if the said serial number appears from some part of any such register to have been assigned to some particular person, it shall until the contrary is proved be assumed that the photograph in question is the photograph of the person indicated by the said serial number,
40. (1) The Governor in Council may make regulations to provide for
(a) the welfare education and control of infants the legal guardianship of whom is vested in the Secretary for Chinese Affairs;
(b) the registration of all such particulars affecting such infants and in 13t person having the possession custody or control thereof as will in the opinion of the Governor in Council enable the Secretary for Chinese. Affairs adequately to discharge his duties as guardian; (c) the management control supervision and inspection of places of refuge wholly maintained by public funds and, so far as may be practicable, of places of refuge not so maintained;
(d) the welfare education and control of such of the inmates of places of refuge as may be detained therein pursuant to the provisions of this Ordinance, including regula- tions providing for the approval by the Secretary for
21
Chinese Affairs of rules made by the management of any place of refuge not wholly maintained by public funds for such welfare education and control;
(e) the welfare and education of children or young persons who have become wards of the Secretary for Chinese Affairs or have been committed to the care of any person or institution and as to the duties of such persons or in- stitutions with respect to such children;
{) visits to female infants children and young persons; (g) fees and forms for any application or any matter or thing done or to be done under the Ordinance and regulations: (b) the inspection of any registers kept under any regulation
and generally for carrying the Ordinance into effect.
(2) It is hereby declared that in this section the word "control" includes control by means of punishment (other than corporal punishment) restraint and correction, being punishment restraint and correction which a parent would be lawfully entitled to administer to his child and in the case of a woman who has attained her majority but is lawfully detained in a place of refuge it shall be lawful to impose whether by regulations or by rules to be approved by the Secretary for Chinese Affairs as above men- tioned the same control (other than corporal punishment) as a parent could lawfully impose on his child.
(3) Such regulations may declare that contravention of particular regulations shall constitute an offence and may provide penalties for any such offence of a fine of five hundred dollars or imprisonment for three months.
41. Notwithstanding anything contained in section zo of the Provision Magistrates Ordinance, 1932, a complaint or information in enabling respect of offences against this Ordinance or against any regula- er tions made hereunder may be made at any time.
complaint
information to be laid
at any
Lime,
(Ordinance No. 11 of 1982)
warda or
42. Any female child or young person who escapes from Power to any custody or control lawfully imposed on her under this Ordin- recapture ance may be recaptured by any police officer or by any district persons
escaping watchman or by any person specially or generally authorized in from that behalf by the Secretary for Chinese Affairs and returned to detention the custody or control from which she or be escaped.
in place of refuge.