CO129-202 - Acting Governor Marsh - 1882 [7-9] — Page 694

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

SIA,

( 312 )

MISCELLANEOUS CORRESPONDENCE OF THE CONTAGIOUS DISEASES

ORDINANCE COMMISSION.

(No. 1.)

Secretary, C. D. O. Commission, to Registrar General,

VICTORIA, HONGKONG,

23rd May, 1878.

I am directed by the Commission appointed to enquire into the operation of the Contagious Diseases Ordinance to send you a printed copy of the evidence upon which their report will be founded, and to call your attention to the following paints which seem to require some further light being thrown upon them.

1. The Commission observe that from a time almost iramediately following the coming into opera- tion of Ordinance 10 of 1867 a practice grew up of arresting the inmates of unlicensed brothels as well as the keepers, in many instauces such inates being girls so young that it would seem impossible they Should have been mistaken for keepers. The Com-

still to carry with them the conditions of such inmates being compelled to submit to medical examinations of their persons and of being confined in the Lock Hospital when diseased?

Would you be kind enough to supply the Com- mission with tables showing the revenue realized under Ordinance No. 10 of 1867 both from fees for licences and from fines/or from any other sources since it came into operation till the end of the year 1877, if it is within your power to do so? If it is not within your power,/can you kindly inform them where to apply for fuch tallies?

In addition to the matters above specially re- ferred to, the Comision would be glad to be favoured with any observations upon the evidence generally which you think would forward Me enquiry, and they will probably best consult your wishes by asking you to put your views in writing.

I have the honour to be,

Sir,

Your most obedient Servant,

H. L. DENNYS, Secretary, Cratugious Diseases

Ordinance Commissim.

Registrar General,

&c., &D., &c.

mission would be glad to learn by what anthority The Honourable Cac11 C. SMITH, this practice has been sanctioned, as so far as they can find, it has not received that of the Ordinance itself.

2. The Commission observe from the judic records and from other evidence laid before thek that unlicensed brothels frequented by Chinese only have been subjected to frequent prosecutions/and their inmates upon conviction sentenced to undergo Tuedical examinations. As the inmates of Hcensed brothels for Chinese only are not subjected toʻmedicul examinations, the Commission would be glad to know what special reason dictated the adoption of this

course.

3. A practice seems to bave been for a long time followed of sending women for medical examination before conviction, the result of the examination having been used as evidence affecting the finding of the Court. Looking to the terms of sections 44 and 45 of the Ordinance, the Commission, as at present ad- vised, have serious doubts as to whether this is in accordance with their meaning.

4. Evidence has been laid before the Commission to the effect that women who have been fined have been compelled to sell themselves to a continuation of prostitution in order to raise money to pay their fines, the Commission would be glad to learn whether you have any reason to doubt the correctness of such testimony.

5. The Commissjón desire to point your atten- tion to answers 71 to 724 inclusive (CHEANG-A-IU's evidence) and they are anxious to learn whether and if so to what extent the practice there mentioned has received the sanction of the Registrar General,

6. It has suggested itself to the Commission whether the supply of women (both keepers, and inmates) brothels licensed for foreigners is not due ratlief to the pecuniary advantages held out or supposed to be held out by having Government licences or carrying on business in licensed brothels thats to the fear of prosecution for illicit prostitution. Supposing prosecutions for keeping unlicensed houses were not enforced, do you think that the supply of imates to licensed brothels for foreigners would be Materially diminished assuming the licences granted

(No. 2.)

Registrar General to Secretary, C. D. O. Commission.

SIR,

REGISTRAR GENERAL'S Office.

I have the onour to acknowledge the receipt of your letter dated May, 1878, which reached ine

on the 24th instut.

2. Regarding the practice of arresting the in- mates of unlicensed prothels as well as the keepers,” which the Commission considers grow up almost immediately after Ornance 10 of 1867 came into operation, I would mention that I was under the impression that this was also done prior to that date, while Ordinance No. 12 of 1857 was in force. How- ever that may be, the arests have been effected under the general powers granted to any Police Constable to take into custody persons whom he shall have good cause to suspect of committing or being about to commit any misdemeanour. (Section XVI of Ordinance 14 of 1845.)

3. Under section XX of Ordinance 10 of 1867, a Police Officer receives authority to enter premises suspected to be used as an unlicensed brothel, and to arrest the keeper, and being therefore in such house by lawful authority he makes the other arrests indicated.

4. I may add that in, I believe, the majority of cases it is only after enquiry before the Magistrate that it can be determined which of the persons ar- rested is to be taken as the keeper. It is simply

DRAFT.

21

The oaeg.

19660 #hong.

No.263

MINUTE.

Mr. Qucas

Mr.

4 Dec

De Robect

Mr. Wingfield.

XMr.

Mr. Bramston.

Mr. Meade.

Mr. Herbert.

Mr. Ashley.

5

X Lord Kimberley.

When this has

the pafes

will be

Ans

₫ 5950/65

Sin

7 Dec. 82

د

684

I have the honour to

act: the receife of

You desp: no. 24. of

the 28th of Sept

gone

dresing attention to

wrors in the statement

of seccifts and expenditure

from the operation of

Collected for printing

the Contagione Sisenses

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