(18)
(19)
160
Title.
Framble.
Repeal.
Adueriam of
& COIDEN NE
runze child
with intent,
&c.
Selling or
parenting.
Bringing inso
the Colony
M.
No. 2 of 1875.
An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, for the better Protection of Chinese Women and Female Children, and for the Repression of certain Abuses in relation to Chinese Emigration,
[March 18th, 1875.]
THEREAS it is expedient to make better provision for the punishment of persons guilty of selling, purchasing, or decoying into the Colony, or unlawfully detaining therein Chinese women and female children for the purpose of prostitution, and of decoying Chinese into or away from this Colony for the purpose of emigration, or for any other purpose whatsoever: Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows :--
1. The Ordinance No. 6 of 1873 is hereby repealed, but such repeal shall not affect :
1. Any punishment incurred or to be incurred for any offence committed before this Ordinance comes into operation.
2. Any proceedings for enforcing such punishment or prosecuting the offender; and all such proceedings may be had and taken as if the said Ordinance were still in force.
II. Whosoever shall bring, lead, take, decoy, or entice into the Colony any woman or female child with intent to sell her for the purpose of prostitution, or shall purchase any woman or child with intent to sell her for the purpose aforesaid, or shall sell or purchase any woman or female child for the purpose aforesaid, or shall knowingly derive any profit from the sale or purchase of any woman or female child so sold or purchased as aforesaid, shall be guilty of a misdemeanour, and on conviction thereof, shall be liable to the punishments hereinafter provided.
III. Whosoever shall bring, lead, take, decoy, or entice into the Colony any woman or female child knowing that such woman or female child has been sold or purchased for the purpose of prostitution, shall be guilty of a misdemeanour, and on conviction thereof shall be liable to the punishments hereinafter provided.
IV. Whosoever shall detain any woman or female child in any place against her will with the intent that she may become a prostitute, or for any other purpose whatsoever, or shall by any false pretences, false representations, or other fraudulent means procure any woman or female child to have illicit carnal connexion with any man, shall be guilty of a misdemeanour, and on conviction thereof, shall be liable to the punishments hereinafter provided.
V. Whosoever shall receive, or harbour any woman or female child with intent that such woman or female child should be sold or purchased for the purpose of prostitution, shall be guilty of a misdemeanour, and on conviction thereof, shall be liable to the punishments hereinafter provided.
VI. Whosoever shall receive or harbour any woman or female child knowing that such woman or female child has been sold or purchased whether within the Colony or elsewhere for the purpose of prostitution shall be guilty of a misdemeanour, and on conviction thereof, shall be liable to the punishments hereinafter provided.
VII. Whosoever shall by force or fraud imprison or detain any person within the Colony, for the purpose of emigration, or for any other purpose whatsoever, shall be guilty of a misdemeanour, and on conviction thereof, shall be liable to the punishments hereinafter provided.
VIII. Whosoever shall by force, intimidation, or any fraudulent means bring, lead, take, decoy, or entice any person into or away from the Colony, for the purpose of emigration, or for any other purpose whatsoever, shall be guilty of a misdemeanour, and on conviction thereof, shall be liable to the punishments hereinafter provided.
IX. Every person who shall be convicted of any offence against the provisions of this Ordinance shall be liable to be imprisoned for any term not exceeding two years with or without hard labour.
X. All offences against this Ordinance may be heard and determined summarily by two Magistrates sitting together, who shall constitute a Court for this purpose: Provided that if, at the close of the investigation, the accused shall apply for a trial by Jury, or the Magistrates shall be of opinion that the case ought to be so tried, they may commit the accused for trial at the Supreme Court.
XI. The provisions of Section LXVI of Ordinance No. 4 of 1865 shall apply to every summary conviction under this Ordinance.
XII. Whenever any person shall be convicted before the Supreme Court of any offence against the provisions of this Ordinance, if it shall be proved that the offender has been previously convicted either before the Supreme Court, or before two Magistrates sitting together, of an offence under the same or any other section of this Ordinance, it shall be lawful for the Court, in its discretion, to direct that, in addition to the punishment hereinbefore prescribed, the offender, if a male, be once, twice, or thrice publicly or privately whipped, subject to the provisions contained in section 1 of Ordinance No. 3 of 1868; and all the provisions of section XCIV of Ordinance No. 7 of 1865 relating to the form of information for a subsequent offence and proceedings thereon, shall apply to offences punishable under this Ordinance.
Statement of Objects and Reasons.
The Ordinance No. 6 of 1873 was passed in order to check, by Penal Legislation, the practice of buying and selling women and girls for prostitution and their detention or abduction for the like purposes. There is reason to believe that the Ordinance has done good service in the matter, and has diminished these abuses: but its language seems not to meet the case of women or girls purchased out of the Colony for the purpose of prostitution and brought here to be shipped to California, or elsewhere; unless the women or girls complain of being detained in this Colony against their will. Such complaints have been exceedingly rare, and proof of forcible detention difficult to obtain; although there is no moral doubt that females are purchased out of the Colony, and after a few days' residence here are shipped to various places to become prostitutes. This Ordinance in the third and sixth sections aims at meeting these cases, and makes it a misdemeanor for any person to bring into the Colony any woman or girl knowing her to have been purchased for prostitution, or with the like knowledge to receive or harbour any such woman or girl.
The rest of the Ordinance is almost a reprint of the Ordinance No. 6 of 1873, which for the sake of convenience is repealed and re-enacted with the two additional sections.
JOHN BRAMSTON,
Hongkong, 23rd February, 1875,
Attorney General.
NOTE. The above Statement was appended to the Draft Amended Bill as laid before the Council. The text as given above is now the law except that public flogging is no longer allowable.
Without reference to nationality, all persons residing on British Territory are free agents.
They cannot be under the restraint of others. Women; if any of you have been kidnapped, purchased, seduced, deceived, or pledged for money, or have been compelled to swear before entering the brothels that you will act as prostitutes, which you now object to do, understand clearly that such compulsion is illegal, and that you are at liberty to come personally to this office, or to go to any police station and report the matter at any time you please. Your grievance will be at once attended to.
If you want to leave the brothel, and make up your mind to go to a protector, abandoning prostitution, the Government will certainly let you do what you please, and will not allow you to be detained against your will. Be all of you then very watchful! Do not be deceived by "brothel keepers! Observe this notice.
Registrar General's Office, June, 1882.
N.
O.
毋爲寮主所惑
J. R.
銀誘受英
差便被或人
騙他
* R 是迫將詢
犯發爾制
欲報例誓身爾
許然
途立意從良不欲爲裝
國家必聽其自便不准强留各宜猛省
衙或各差館稟報自必卽行申理中
壬午年五月
日華民政務司署給
必爾後
郎等人
行隨寮
時當
被
凡英國屬土無論何國居民皆得自主
倘赴前取人自
官非上柺主
The Emigration Officer gives notice that for the better protection of Emigrants, it is hereby notified that on and after the 1st proximo, women and children who are taken before him for the purpose of emigrating should be provided with one (subsequently altered to "two") photograph each. If the woman or child is passed, the one (subsequently altered to "two") photograph will be stamped and given back to the Emigrant. The Emigrant will show this photograph to the proper Officer on board the vessel before departure, and again to the Protector of Chinese or proper Officer on the Emigrant's arrival at Port of destination.
H. G. THOMSETT, R.N.,
Emigration Officer, &c.
Hongkong, 21st August, 1882.
P.
(Signed)
Return of Kidnapping Cases in Hongkong, from January, 1872, till June 30th, 1883.
Year Cases Reported No. of Persons Convicted No. of Persons Discharged Total Number Arrested 1872 30 10 27 40 1873 103 63 40 44 1874 55 55 110 110 1875 73 53 17 48 1876 53 51 35 71 1877 51 50 32 63 1878 55 55 36 71 1879 16 16 ... ... 1880 ... ... ... ... 1881 ... ... ... ... 1882 ... ... ... ... 1883 to 30th June ... ... ... ...(Signed)
T. C. DEMPSTER, Captain,
Acting Captain Superintendent of Police,
(18)
(19)
160
Title.
Framble.
Repeal.
Adueriam of
& COIDEN NE
runze child
with intent,
&c.
Selling or
parenting.
Bringing inso
the Colony
M.
No. 2 of 1875.
An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, for the better Protection of Chinese Women and Female Children, and for the Repression of certain Abuses in relation to Chinese Emigration,
[March 18th, 1875.]
THEREAS it is expedient to make better provision for the punishment of persons guilty of W
selling, purchasing, or decoying into the Colony, or unlawfully detaining therein Chinese wonnen and female children for the purpose of prostitution, and of decoying Chinese into or away from this Colony for the purpose of emigration, or for any other purpose whatsoever: Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows :--
1. The Ordinance No. 6 of 1873 is hereby repealed, but such repeal shall not affect :-
1. Any punishment incurred or to be incurred for any offence committed before this
Ordinance comes into operation.
2. Any proceedings for enforcing such punishment or prosecuting the offender; and all
such proceedings may be had and taken as if the said Ordinance were still in forec. II. Whosoever shall bring, lead, take, decoy, or entice into the Colony any woman or female purchase any woman or child with intent to sell her for the purpose of prostitution, or shall sell or female child for the purpose aforesaid, or shall knowingly derive any profit from the sale or purchase of any woman or female child so sold or purchased us aforesaid, shall be guilty of a misdemeanour, and on conviction thereof, shall be liable to the punishments hereinafter provided.
III. Whosoever shall bring, lead, take, decoy, or entice into the Colony any woman or female child knowing that such woman or female child has been sold or purchased for the purpose of prostitution, shall be guilty of a misdemeanour, and on conviction thereof shall be liable to the for protution. punishments hereinafter provided.
a'omen or
children know-
Ing them to
have been sold
Deliving a
Woman er fourate child
for purpuse dvi
prostitution.
Receiving of
harbouring
wjal intent,
$0.
Receiving or
IV. Whosoever shall detain any woman or female child in any place against her will with the intent that she may become a prostitute, or for any other purpose whatsoever, or shall by any false pretences, false representations, or other fraudulent means procure any woman or female child to have illicit carnal connexion with any man, shall be guilty of a misdemeanour, and on conviction thereof, shall be liable to the punishments hereinafter provided.
V. Whosoever shall receive, or harbour any woman or female child with intent that such woman or female child should be sold or purchased for the purpose of prostitution, shall be guilty of a misdemeanour, and on conviction thereof, shall be liable to the punishments hereinafter provided.
VI. Whosoever shall receive or harbour any woman or female child knowing that such woman or female child has been sold or purchased whether within the Colony or elsewhere for the purpose of prostitution shall be guilty of a misdemeanour, and on conviction thereof, shall be liable to the for prostate punishments hereinafter provided.
הירי5
harbouring
eldiren now- lng Mein co have been sold
Valavfal
Imprisonment
or detention.
persasinte
Derrying
Or Away J
the Colony.
Fonishment
for effence
Trial of
offenses.
Summary
convictions.
Puoislament
of whipping
on second sid
abrequent convictions,
Form of
Information
and proceed.
ings.
VII. Whosoever shail by force or fraud imprison or detain any person within the Colony, for the purpose of emigration, or for any other purpose whatsoever, shall be guilty of a misdemeanour, and on conviction thereof, shall be liable to the punishments hereinafter provided.
VIII. Whosoever shall by force, intimidation, or any fraudulent means bring, lead, take, decoy, or entice any person into or away from the Colony, for the purpose of emigration, or for any other purpose whatsoever, shall be guilty of a misdemeanour, and on conviction thereof, shall be liable to the punishments horeinafter provided.
IX. Every person who shall be convicted of any offence against the provisions of this Ordinance shall be liable to be imprisoned for any term not exceeding two years with or without hard labour. X. All offences against this Ordinance may be heard and determined summarily by two Magistrates sitting together, who shall constitute a Court for this purpose: Provided that if, at the close of the investigation, the accused shall apply for a trial by Jury, or the Magistrates shall be of opinion that the case ought to be so tried, they may commit the accused for trial at the Supreme Court.
XI. The provisious of Section LXVI of Ordinance No. 4 of 1865 shall apply to every summary conviction under this Ordinance.
XII. Whenever any person shall be convicted before the Supreme Court of any offence against the provisions of this Orilinance, if it shall be proved that the offender has been previously convicted either before the Supreme Court, or before two Magistrates sitting together, of an offence under the same or any other section of this Ordinance, it shall be lawful for the Court, in its discretion, to direct that, in addition to the punishment hereinbefore prescribed, the offender, if a male, be once, twice, or thrice publicly or privately whipped, subject to the provisions contained in section 1 of Ordinance No. 3 of 1868; and all the provisions of section XCIV of Ordinance No. 7 of 1865 relating to the form of information for a subsequent offence and proceedings thereon, shall apply to offences punishable under this Ordinance.
Statement of Objects and Reasons.
The Ordinance No. 6 of 1873 was passed in order to check, by Penal Legislation, the practice of buying and selling women and girls for prostitution and their detention or abduction for the like purposes. There is reason to believe that the Ordinance has done good service in the matter, and has diminished these abuses: but its language seems not to meet the case of women or girls purchased out of the Colony for the purpose of prostitution and brought here to be shipped to California, or elsewhere; unless the women or girls complain of being detained in this Colony against their will. Such complaints have been exceedingly rare, and proof of forcible detention difficult to obtain; although there is no moral doubt that females are purchased out of the Colony, and after a few days' residence here are shipped to various places to become prostitutes. This
Ordinance in the third and sixth sections aitas at meeting these cases, and makes it a misdemeanor for any person to bring into the Colony any woman or girl knowing her to have been purchased for prostitution, or with the like knowledge to receive or harbour any such woman or girl.
The rest of the Ordinance is almost a reprint of the Ordinance No. 6 of 1873, which for the sake of convenience is repealed and re-enacted with the two additional sections.
JOHN BRAMSTON,
Hongkong, 23rd February, 1875,
Attorney General.
NOTE. The above Statement was appended to the Draft Amended Bill as laid before the Council. The text as given above is now the law except that public flogging is no longer allowable.
Without reference to nationality, all persons residing on British Territory are free agents.
They cannot be under the restraint of others. Women; if any of you have been kidnapped, purchased, seduced, deceived, or pledged for money, or have been compelled to swear before entering the brothels that you will act as pros- titutes, which you now object to do, under- stand clearly that such compulsion is illegal, and that you are at liberty to come personally to this office, or to go to any police station and report the marter at any time you please. Your grievance will be at once attended to.
If you
want to leave the brothel, and make up your mind to go to a protector, abandoning prostitu-
tion, the Government will certainly let you do what you please, and will not allow you to be detained against your will. Be all of you then vory watchful! De not deceived by "brothel keepers! Observe this notice.
Registrar General's Office, June, 1882.
N.
0.
毋爲寮主所惑
J. R.
銀誘受英
差便被或人
騙他
* R 是迫將詢
犯發爾制
欲報例誓身爾 許然
途立意從良不欲爲裝
國家必聽其自便不准强留各宜猛省
衙或各差館稟報自必卽行申理中
壬午年五月
日華民政務司署給
必爾後
郎等人
行隨寮 時當
被
凡英國屬土無論何國居民皆得自主
倘赴前取人自
官非上柺主
The Emigration Officer gives notice that for the better protection of Emigrants, it is hereby notified that on and after the 1st proximo, women and children who are taken before him for the purpose of emigrating should be provided with one (subsequently altered to "two") photograph each. If the woman or child is passed, the one (subsequently altered to "two") photograph will be stamped and given back to the Emigrant. The Emigrant will show this photograph to the proper Officer on board the vessel before departure, and again to the Protector of Chinese or proper Officer on the Einigrant's arrival at Port of destination.
H. G. THOMSETT, R.N.,
Emigration Officer, &e.
1872,
1873,
1874,
1875,
1876,
1877,
1878,
1879,
1880,
1881,
1882,
Hongkong, 21st August, 1882.
P.
(Signed)
Return of Kidnapping Cases in Hongkong, from January, 1872, till June 30th, 1883.
1883 to 30th June,
Year
Cases Reported.
No. of Persons Convicted.
89388RCE=882
30
103
63
55
73
53
51
50
55
16
2888=858888-
5*
No. of Persuns Discharged.
Total Number Arrested.
27
40
44
110
17
48
35
71
32
63
36
71
69
100
40
43
111
63
59
22
* One sent to Singapore on an Extradition Warrant. See Police Court return.
See Magistracy Return following for details of last period.
99978KER#28
(Signed)
T. C. DEMPSTEB, Captain,
deling Captain Superintendent of Polier,
No comments yet.
Private notes are available after approval.