CO885-6 — Page 15

CO882 & CO885 Colonial Office Confidential Prints 理藩院機密印刊 All

PUBLIC RECORD OFFICE

Reference :-

LPLIC.O. 882

6

PUBLIC RECORD OFFICE, LONDON

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

Girls under

sixteen used or trained for immoral

purposes.

Women

and girls escaping from de tention Day lan arrestel

and person

betting Escape punished

Power to

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8. (1) The Protector, if after due enquiry he is satisfied that any girl is being used for immoral purposes, or being trained for such purposes, and that such girl 18 under the

age of sixteen years, may by warrant under his hand and seal order such girl to be removed to a place of safety, and there detained until further order, or until she attains the age of nineteen years or marries, whichever first happens.

(2) A girl found living in or frequenting a brothel shall be deemed to be a girl who is being trained for immoral purposes.

9. (1) Every woman or girl detained under the provisions of this Ordinance shall be subject to such Rules and Regulations as may be made by the Governor in Council, and every such woman or girl who, contrary to such Rules and Regulations, leaves any place in which she is detained, may be arrested by any Police Officer or by any Officer of the Chinese Protectorate, and taken back to such place.

(2)—Any person who induces or assists any woman or girl so detained as aforesaid to leave contrary to such Rules and Regulations as aforesaid the place in which she is detained, or knowingly harbours any such woman or girl, shall be guilty of an offence and liable to a fine not exceeding one hundred dollars, or to imprisonment of either description not exceeding one month, or to both.

10. It shall be lawful for the Governor out of moneys to be provided by the make pro- Legislative Council for that purpose to provide a suitable building or buildings for the maintain purposes of this Part, and to defray the cost of the care, maintenance, and education of ing women all women and girls detained under the provisions of this Part.

vision for

and girls.

App int-

men. of Offi:ars. Power of Aarch.

Protector to have

power to SUMMON Ab

examine

PART III.

GENERAL PROVISIONS.

11. The Governor may appoint such Officers as may be necessary for carrying out the provisions of this Ordinance, and may make Rules for the conduct of their duties.

12. (1) The Protector and any Officer of the Chinese Protectorate specially authorised for that purpose in writing by the Protector shall have power to search any ship, house, building, or other place where he 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 safety, to be there detained until her case be enquired into.

(2)--The Protector shall have power to search any ship, house, building, or other place for the purpose of ascertaining whether there is therein 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 safety, to be there detained until her case be enquired into.

13. (1) The Protector shall have fuil power to summon any person whom he may have reason to believe can give any information respecting any woman or girl suspected to have been brought into the Colony for immoral purposes by fraud or misrepresenta- tion, or under any false pretence, or respecting any girl suspected of being used or trained for immoral purposes, or respecting any inmate of a brothel, and the person so summoned shall be legally bound to attend at the hour and place in the summons specified, and to produce all documents in his custody, possession, or power relating to such woman or girl, and to answer truthfully all questions which the Protector may within the put to him respecting any such woman or girl, or in any way relating to the matter meaning of being enquired into, and also, if so required by the Protector, to produce such woman or girl in the absence of reasonable excuse, proof whereof shall lic on the person called upon to produce such woman or girl.

witnesses and to be public

servant

Ponal Code.

Conclusive presump tion in

favour of warrants.

(2) The Protector shall at any enquiry held by him make complete notes of the evidence taken by him upon such enquiry, and of his decision thereon, and shall furnish to the Supreme Court a copy of such notes when called upon to do so by order of a Judge of the said Court, suppressing in such copy the name of any person from whom information has been derived, if he thinks it expedient to do so.

(3) The Protector shall be deemed to be a public servant within the meaning of the Penal Code, and may administer oaths to and examine on oath any person sum- moned before him for the purposes of this Ordinance.

14. (1) Every warrant purporting to be issued in pursuance of this Ordinance, and to be under the hand and seal of the Protector, shall be received in evidence in every Court of the Colony, without further proof, and shall be prima facie evidence of the facts therein stated, and all acts done in pursuance of such warrant shall be deemed to have been authorised by law.

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15. (1)-No action shall be brought against the Protector or any Officer acting Actions under this Ordinance for anything done by him in pursuance or execution of this against Ordinance, unless the same shall be commenced within three months next after the act persons

acting in execution complained of has been committed.

(2) The Protector shall not be compellable in any judicial proceeding to answer of this any question as to the grounds of his decision in any case dealt with by him under Ordinance. this Ordinance, or as to anything which came to his knowledge in any enquiry made by

him as Protector.

(3) The provisions of sections forty-three to forty-nine, both inclusive, of "The Police Force Ordinance, 1872," shall be applicable to every such action as in this section is referred to, in the same manner as though the said sections were herein set forth and enacted.

16. (1) The Governor in Council may make Rules and Regulations for and in Rules and

Regula- respect of all or any of the following purposes or matters:-

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

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.

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

(2)—All such Rules and Regulations when made shall be published in the Gazette,” and from the date of such publication shall have the same force and effect as if enacted in this Ordinance, and any person disobeying or infringing any such Rule or Regulation shall be guilty of an offence against this Ordinance, and shall be liable to a fine not exceeding fifty dollars, or to imprisonment of either description not exceeding one month, or to both.

(3)-All such Rules and Regulations shall be laid as soon as practicable upon the table of the Legislative Council, and shall cease to have any force or effect if disallowed by resolution of the said Council.

17. On the complaint of three or more householders that a house in their imme- Brothels. diate neighbourhood is used as a brothel or lodging-house for prostitutes or disorderly persons of any description, to the annoyance of the respectable inhabitants of the vicinity, a Magistrate may summon the owner or tenant of the house to answer the complaint; and on being satisfied that the house is so used, and is therefore a source of annoyance and offence to the neighbours, may order the owner or tenant to discontinue such use of it; and if he shall fail to comply with such order within five days, may impose upon him a fine to the extent of twenty-five dollars for every day thereafter that the house shall be so used.

Passed this 19th day of November, 1896.

No. and Year of Ordinanon.

Ord. XIV. of 1888 Ord, III. of 1890

Ord. XVII. of 1891

Ord. XII. of 1894

Ord. XVI. of 1894

AR

...

E. M. MEDEWETHER,

Acting Clerk of Councils.

Extent of Repeal.

THE FIRST SCHEDULE.

Enactments Repealed.

Title of Ordinance.

The Women and Girls' Protection Ordinance, 1888 The Women and Girls' Protection Ordinance, Amendment

Ordinance, 1890.

The Women and Girls' Protection Ordinance, Amendment

Ordinance, 1891,

The Women and Girls' Protection Ordinance, Amendment

Ordinance, 1894.

An Ordinance to revive and re-enact Part 11. of "The

Women and Girls' Protection Ordinance, 1888."

The whole.

The whole.

The whole.

The whole.

The whole,

1817

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