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Downing, 26.
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Zr. Elliot Exper The Colonial Office
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I. In the interpretation of this Ordinance, the following words or phrases shall have the respective meaning hereby assigned to them, that is to say,-
"Prostitution" shall be taken to apply to any Woman living or residing in a declared Brothel : "Prostitute" shall mean any Woman who shall live or reside in a declared Brothel; "Brothel Keeping" shall mean the being Tenant or Occupier of, or having the management or control
of, a declared Brothel : "Unregistered Brothel" shall mean any House in which Women shall live or reside, or which they shall frequent for the purposes of Prostitution, and which shall in any judicial proceedings under this Ordinance be sworn or deposed to be such by any Two Witnesses: "Registered Brothel" shall mean any House in which Women live or are kept for the purposes of Prostitution, and which shall be certified to be such in writing by the Registrar General, and which shall be entered and numbered on a list of Registry of such Houses to be kept by the Registrar General.
II. From and after the passing of this Ordinance, Prostitution and Brothel Keeping shall be deemed and are hereby declared to be Criminal Offences; and if any Person shall be a Prostitute or shall keep a Brothel within the meaning of this Ordinance, every such Person shall be guilty of a Misdemeanour; and every Person convicted of being a Prostitute shall be liable to Imprisonment for a term not exceeding Three Months; and every Person convicted of being a Brothel Keeper shall be liable to Imprisonment with or without hard labour for a term not exceeding Three Months, and to a Fine not exceeding One Hundred Dollars.
III. No Person who shall keep a Registered Brothel, or shall live in a Registered Brothel as a Prosti- tute, in the Districts or portions of Districts to be hereafter allotted and marked out under the Provisions of this Ordinance as Districts and portions of Districts within which Brothels may be kept and Prostitutes may reside, (which Districts and portions of Districts are as follows, namely:-Ha-wan, from Spring Gardens Eastward, Sei-ing-poon, from the junction of Holywood Road and Queen's Road West westward, and Tai-ping-shan, except such parts of such Districts or portions of Districts facing the Queen's Road,) shall be liable to be criminally prosecuted for the offences of Brothel Keeping or Prostitution; but nothing herein contained shall be taken to bar or prevent any Person or Persons from indicting or causing to be indicted any Brothel whatsoever as a Nuisance; and if any Person shall keep a Brothel in any other place than within such Districts as aforesaid, or shall within such Districts keep an unregistered Brothel, such Person shall, for the first Offence, be liable to the Penalties in the preceding Section set forth and annexed to the Offence of' Brothel Keeping, and to a Penalty of not more than Two Hundred Dollars or to Imprisonment with or with out hard labour for any time not exceeding Six Months, for the second conviction of a similar Offence; and to a Penalty of not more than Five Hundred Dollars, or to Imprisonment with or without hard labour, for any time not exceeding Twelve Months, for a third conviction of similar Offence: Provided always that it may be lawful for the Magistrate or Justices before whom such offender shall be brought, to punish such Offender both by Fine and Imprisonment, or by one or other of such modes according to his or their discretion; and also that upon the occasion of any Person being for the Third time convicted of such Offence as is aforesaid, it shall be lawful for, and the Magistrate or Justices before whom such conviction shall take place is, and are hereby authorised and empowered by Warrant under his Eland to remove all the Inhabitants or Inmates of the House wherein such Offender shall have dwelt or resided, and to close up such House and forbia the same to be re-opened or re-inhabited unless he shall be satisfied that the same shall be occupied in a proper and legal manner, and not as a Brothel within the meaning of this Ordinance. And that every Person re-opening or re-occupying or re-inhabiting such House without a License or permission under the Hand of the Chief or Assistant Magistrate or such convicting Justices, shall be guilty of a Misdemeanour, and shall be liable to a Penalty of not more than
Dollars.
IV. The averment of Two Witnesses made on Oath or by Affirmation within the meaning of Ordinance No. 15 of 1856, that any House is occupied as a Brothel, shall be sufficient evidence of such fact; and any Person who shall appear, act, or behave himself or herself as Master or Mistress, or as the Person having the care, government, or management of any Brothel, shall be deemed and taken to be the Keeper thereof, and shall be liable to be prosecuted and punished as such, notwithstanding he or she shall not, in fact, be the real Owner or Keeper thereof.
V. That the Registrar General shall keep a List or Registry of all Brothels, and shall enter in such List or Registry the names of the Occupier or Keeper of each of such Brothels, and also of the immediate Land- lord or Lessor thereof, and also of the Crown Lesee or Tenant of the Plot of Ground on which the same may be standing or built, and shall keep the same corrected or altered from time to time according as the Occupier or Keeper of such House, or the immediate Landlord or Lessor thereof, or the Crown Lessee or Tenant of the Plot of Ground on which the same may be standing or built, may change or alter according as any such House shall cease at any time to be occupied as a Brothel; and shall furnish the Colonial Secretary with a Copy of such List or Registry, and shall inform him from time to time of such corrections or alterations as may from time to time be made in such List or Registry as aforesaid.
VI.
That whenever any House shall be, in the opinion of the Registrar General, a House in which Women live or reside, or which they frequent for the purposes of Prostitution, the Registrar General shall forthwith declare such House to be a Brothel; and shall give notice to the immediate Landlord or Lessor thereof, or if such immediate Landlord or Lessor cannot be found or ascertained, then to the Crown Lessee or Tenant of the Plot of Ground on which the same be standing or built, that such House has been declared by him to be a Brothel, and as such, comes within the Provisions of the Third Section of this Ordinance; and in case such immediate Landlord or Lessor or Crown Lessee or Tenant shall dispute or be dissatisfied
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