CO882-6 — Page 19

PUBLIC RECORD OFFICE

Reference :-

TTIPLIC.O. 882

6

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH NOT TO

Penalty for

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(3.) Every person who without just cause, the onus of proving which shall lie upon communi- him, communicates or attempts to communicate with any woman or girl so detained as aforesaid or induces or attempts to induce such woman or girl to break such rules or regulations or any of them, shall be liable to the punishment in the last preceding sub- section mentioned.

cating, etc. with wo- man or

girl.

Recovery

of Buma

que un

29. In any suit which may ich before the 13th April, 1887 (being the date of the hereafter be brought for the recovery of any sum due on any promise or agreement promise or commencement of Ordinance No. 9 of 1887), has been entered into before the Registrar agreement General with respect to the custody, maintenance, or giving in marriage of any female child, it shall not be necessary for the plaintiff in such suit to allege or to prove that any consideration was given for the said promise or agreement, and it shall not be competent for the said defendant to allege in defence that the Registrar General had no authority or power to require such promise or agreement from him, or 'that no con- sideration was given for the same.

already entered into.

Powers of

General ta search without warrant.

30. The Registrar General, or any officer appointed under this Ordinance and Registrar specially authorized for that purpose in writing by the Registrar General, shall have power without warrant to search any ship, boat, house, building, or other place where be has reasonable cause to suspect that there is any woman or girl who is or may be liable to be dealt with under the provisions of Part II. of this Ordinance, and may remove any such woman or girl to a place of refuge to be there detained until her case be inquired into.

Powers of

General to suminon

31. (1.) The Registrar General shall have power, by notice in writing under Registrar his hand, to summon before him any person whom he may have reason to believe can give any information respecting any woman or girl mentioned in Part II of this Ordinance and respecting the treatment of such woman or girl, or respecting any inmate of a brothel.

persons

who ha

thinks

women or

(2.) Every person who, upon service of such notice, shall not appear at the time capable of

and place therein mentioned, or who shall fail to produce all documents in his custody, giving in- formation possession, or power relating to such woman or girl, and to answer truthfully all respecting questions which the Registrar General may put to him respecting such woman or girl, or in any way relating to the matter being inquired into or, without reasonable excuse girls.

(proof whereof shall lie upon him), neglects or refuses to produce such woman or girl when so required by the Registrar General, shall, on conviction before a Magistrate, be liable to a penalty not exceeding one hundred dollars or to imprisonment, with or without hard labour, for any term not exceeding three months.

Service of

Hom-

mons, notices, etc.

Warrants,

in evi- dence of.

32. All summonses, notices, and other documents required to be served under this Ordinance on behalf of the Registrar General shall be deemed validly and suffi- ciently served if served on or left with the person intended to be served or, if he cannot be found, if left at his last known place of abode or business by any person authorized in that behalf by the Registrar General.

33. Every warrant purporting to be issued in pursuance of this Ordinance or reception heretofore issued under any Ordinance repealed by this Ordinance and to be under the hand of the Registrar General shall be received in evidence in every Court of the Colony without further proof, and shall be evidence of the facts therein stated, and all acts done in pursuance of such warrant shall be deemed to have been authorized by law.

Registrar General's Office.

34. The place in which the Registrar General shall sit in discharge of his duties shall be such place as may, from time to time, be appointed for that purpose by the Governor. f

PART III.

GENERAL PROVISIONS.

Power for 35. (1.) The Governor may appoint such officers as may be necessary for carrying Governor out the provisions of this Ordinance, and may make rules to regulate the performance of to appoint their duties. officers.

Presump-

"

(2.) Unless and until other officers are appointed under this Ordinance, the officers already appointed under any Ordinance repealed by this Ordinance shall have the same powers, duties, and privileges as if appointed under this Ordinance.

36. In any proceeding under this Ordinance, every notice, order, copy of regula tion in res-ons, or other instruments shall be presumed to have been duly signed by the person by pect of signatures

whom and in the character in which it purports to be signed until the contrary is shown. to notices.

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suits and

37. (1.) Any suit or prosecution against any person for anything done in pur- Limita- suance or execution or intended execution of this Ordinance or of any Ordinance tions of repealed by this Ordinance or of any rules or regulations made in pursuance thereof, prosecu- shall be commenced within three months after the thing done and not otherwise.

(2.) Notice in writing of any suit and of the cause thereof shall be given to the intended defendant one month at least before the commencement of the suit.

(3.) In any such suit the defendant may plead generally or set up by way of special defence that the act complained of was done in pursuance or execution or intended execution of this or of such repealed Ordinance, or of any such rules or regulations as aforesaid, and may give this Ordinance and such rules or regulations and the special matter in evidence at any trial to be had thereupon.

(4.) The plaintiff shall not recover if tender of sufficient amends is made before suit brought or if, after suit brought, a sufficient sum of money is paid into Court by or on behalf of the defendant.

-

(5.) If a verdict passes or a decree is given for the defendant, or if the plaintiff becomes non-suit or discontinues the suit, or if on demurrer or otherwise judgment is given against the plaintiff, the defendant shall recover his full costs, and shall have the like remedy for the same as any defendant has by law for costs in other cases.

(6.) Though a verdict passes or a decree is given for the plaintiff, he shall not have costs against the defendant unless the Judge before whom the trial is had certifies his approbation of the suit.

tions.

38. (1.) The Governor in Council may make rules and regulations for and in re- Power to spect of all or any of the following purposes or matters:-

make rules

and regu-

(a) The care, maintenance, and education of women and girls detained under lations.

Part II. of this Ordinance;

(b) The manner and conditions in and under which the powers conferred by this Ordinance shall be exercised by the persons on whom such powers are conferred; and

(c.) Generally in relation to any matters, whether similar or not to those herein- before mentioned, as to which it may be expedient to make rules for carry. ing into effect the objects of this Ordinance.

(2.) Such rules or regulations shall take effect at the expiration of seven days after the publication thereof in the "Gazette," and a copy of the "Gazette" containing such publication shall be conclusive evidence of the due making and tenor of such rules or regulations.

(3.) Every person who disobeys or infringes any of such rules or regulations shall be guilty of an offence against this Ordinance, and upon summary conviction shall be liable to a penalty not exceeding fifty dollars, or to imprisonment with or without hard labour for any term not exceeding one month, or to both penalty and imprisonment.

(4.) Unless and until rules and regulations are made under this Ordinance, the rules and regulations made under any Ordinance repealed by this Ordinance shall con- tinue to be as valid as if made and gazetted under this Ordinance, and any references in such rules and regulations to Ordinances, sections, or enactments repealed by this Ordinance shall be taken to apply to this Ordinance, and the corresponding sections or enactments of this Ordinance.

39. (1.) The Ordinances mentioned in the Second Schedule to this Ordinance are Repeal. hereby repealed to the extent mentioned in the third column of that Schedule.

(2.) The Resolution of the Legislative Council, passed on the 12th day of April, 1894, to the effect that, "Part II. of the 'Women and Girls' Protection Ordinance, 1890,' shall continue in force for a further period of five years," is also hereby repealed.

Passed the Legislative Council of Hongkong, this 31st day of May, 1897.

J. G. T. BUCKLE,

Clerk of Councils. Assented to by His Excellency the Governor, the 10th day of June, 1897. J. H. STEWART Lockhart,

זונן

Colonial Secretary.

DI