PUBLIC RECORD OFFICE
Reference :-
TEC.O. 882
6
PUBLIC RECORD OFFICE, LONDON
|ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO
92
Loitering 7. No person shall in any street or public place within the limits of any town or or impor- place brought under the operation of this Ordinance loiter for the purpose of prostitu tuning for
tion, or importune any person to the commission of sexual immorality: Provided that no immorality person shall be charged with a breach of this section, except on the complaint of the prohibited. person importuned or of a member of the military police force employed in such town or
place.
sexual
Entering barrack or
grounds for
RoxUA! immorality prohibited.
Penalties.
Arrest without warrant.
8. No person shall enter within the limits of any barrack or barrack grounds for the purpose of prostitution, or of importuning any person to the commission of sexual immorality.
9. Whoever-
(a) Having under section 5 been prohibited from remaining in or re-entering any town or place brought under the operation of this Ordinance, remains in or re-enters it without the written permission of the Inspector-General of Police; or
(b) Fails to comply with a notice under section 6; or (c) Commits a breach of section 7 or section 8-
shall be punishable with a fine which may extend to fifty rupees, or with rigorous imprisonment for a term which may extend to eight days.
10. Any member of the police force employed in any town or place brought under the operation of this Ordinance may arrest without a warrant any person committing or charged with having committed an offence punishable under clause (a) or clause (c) of the last foregoing section. Provided as follows:
To
(a) No person shall be so arrested whose name and address are known to either
the complainant or the arresting officer;
(b) No person shall be arrested who consents to give her name and address, unless there is reasonable ground for doubting the accuracy of the name or address so given, the burden of proof of which shall be on the arresting officer;
(c) No person so arrested shall be detained after her name and address have been
mentioned;
(d) No person so arrested shall, except under the order of a police magistrate, be detained longer than may be necessary for bringing her before a police magistrate; and
(e) No person shall be so arrested for a breach of section 7, except:
(1) At the request of the person importuned or of a military officer or non-
commissioned officer in whose presence the breach was committed; or (2) By or at the request of a member of the military police force in whose
presence the breach was committed.
on
SCHEDULE.
(See Section 4.)
189
at "
Take notice, that under section 4 of " The Military Contagious Diseases Ordinance, 1898" (Ordinance No. of 1898), you are hereby called upon to attend at the
the
day or o'clock, and not to quit the said hospital without the permission of the Medical Officer in charge, unless and until such officer is satisfied that you are not in fact suffering or are no longer suffering from a contagious disease; that is to say, from
Medical Officer in charge of the
Dated the
day of
189
Enclosure 2 in No. 26.
MEMORANDUM on the Military Contagious Diseases Bill.
The despatch of the Secretary of State for the Colonies, No. 179, dated the 17th of June last having been considered by the Governor in Executive Council, I was requested to prepare a draft Ordinance based on the Indian Cantonment Regulations, modified so far as may be necessary to suit the circumstances of the Island.
2. Clauses 1, 2, and 3 are new.
93
3. Clauses 4 and 5 have been adapted from numbers 9 and 10 of the Indian Can- tonment rules respectively, with the exception that their operation is limited to public prostitutes, and the duty imposed on the Commanding Officer of the Cantonment has been cast on the Inspector-General of Police.
4. Clauses 6 and 7 have been adapted from numbers 11 and 13 of the same rules respectively, the Inspector-General of Police being inserted in lieu of the cantonment authority.
new,
5. Clause 8 is and has been inserted to prevent persons entering barracks for the purpose of importuning soldiers to sexual immorality. Great difficulty has been ex- perienced in Colombo in preventing such persons entering barrack grounds for the pose of prostitution.
pur-
6. Clauses 9 and 10 have been adapted from the Indian Cantonment Rules Nos. 14 and 15 respectively, Inspector-General of Police being inserted for the Commanding Officer.
7. I annex a printed copy of the draft Ordinance showing in the margin in red ink the working of the Indian rules from which the adaptations referred to above have been made.
C. P. LAYARD,
Colombo, September 23, 1898.
(No. 962.)
Enclosure 3 in No. 26.
Honourable the COLONIAL SECRETARY,
Attorney-General.
As His Excellency the Governor desires it, though 1 would prefer to see the draft Ordinance introduced into the Legislative Council and passed, I have drafted certain regulations to be passed under the Ordinance No. 3 of 1897.
2. It is possible that those regulations may be held to be ultra vires of the Ordin- ance No. 3 of 1897, for unfortunately the Ordinance, owing to its title and preamble, may be constructed as limited to contagious and infectious diseases of a similar nature to "plague," for both its title and preamble seem to refer specially to that disease.
3. I regret very much that it is clearly impossible to include in the regulations the provisions of clauses 6, 7, and 8 of the draft Ordinance. Could not those provisions be incorporated into an Ordinance by themselves? As they all tend to the prohibition of immorality, there surely could be no public outcry against them.
4. The power intended to be given to the Inspector-General of Police of prohibit- ing the keeping of a brothel is one that, if properly worked, would do more than any- thing else to reduce the spread of venereal diseases, for under it, without difficulty or scandal, the medical examination of prostitutes could easily be enforced, without any actual legislation rendering such examination necessary.
C. P. LAYARD,
Colombo, October 10, 1898.
Enclosure 4 in No. 28.
Attorney-General.
1. For the purpose of the following Regulations, "Medical Officer" shall mean any medical practitioner specially authorised by the Governor to perform the duties imposed by these Regulations.
2. If a Medical Officer has prima facie grounds for believing that any person living in any town is suffering from an infectious or contagious disease, he shall by notice in writing call upon such person to attend at a hospital or dispensary named in the notice at a time specified in the notice, and not to quit it without the permission of the medical officer in charge, unless and until such medical officer is satisfied, by examination if necessary, that such person is not in fact suffering or is no longer suffering from such disease: Provided that, if, having regard to the nature of the disease or the condition of the person suffering therefrom, or the general environment and circumstances of such
• Not printed.