58
Punishment
of Whipping and subsequent Convictions
Form of Information and Proceedings.
16
IX. 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 hereinafter prescribed, the Offender, if a Male, be once, twice, or thrice publicly or privately whipped subject to the Provisions contained in Section I 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 Provisions of this Ordinance are intended to repress certain offences and abuses which there is reason to believe are of frequent occurrence among the lower classes of the Chinese Population of this Colony, viz., the buying and selling of women and girls and their forcible or fraudulent abduction or detention for the purposes of prostitution. Also the decoying away under false pretences, or the abduction by force or intimidation, of persons for the purposes of Chinese Emigration. All the offences defined by this Ordinance are in a great measure ejusdem generis, and are made punishable alike by imprisonment with or without hard labour for a period not exceeding two years; and power is given to the Supreme Court, whenever previous convictions are proved, to direct the offender, if a male, to be whipped under the provisions of Ordinance No. 3 of 1868. It is proposed that this Ordinance should not come into force until Her Majesty's confirmation of it has been received, and therefore the usual Suspending Clause to that effect has been inserted.
Zitto.
Preamble.
Reperi
JULIAN PAUNCEFOTE, Attorney General.
NOTE.-The above statement was appended to the Bill when introduced early in 1873.
Aldaction of
WOMAN OF female child with intent, Selling or purchasing. Bringing into the Colony women or children knowing them to have been sold for prostitution Detaining a Woman or female child for purpose of prostitution. Receiving or harbouring with intent, 4: M. No. 2 of 1875. J. R.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.]
WHEREAS it is expedient to go on being 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:-
I. 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 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.
17
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 I 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.
Receiving or harbouring women or children knowing them to have been sold for prostitution. Unlawful imprisonment or detention. Decoying persons into or away from the Colony. Punishment for offences Trial of offences. Summary convictions Punishment of whipping on second and subsequent convictions. Form of information and proceedings.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 misdemeanour 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.
Hongkong, 23rd February, 1875.
JOHN BRAMSTON,
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! Be not deceived by brothel-keepers! Observe this notice.
Registrar General's Office, June, 1882.
N.
壬午年五月
J. R.
期賣
銀誘受
或騙他
便被或
是
迫將
凡英國土無論何國居民皆得自主
不受他人拘制爾婦女等如有被人拐
情願者便是犯例許爾等隨時親赴官
衙
毌爲寮主所惑
立意從良不欲爲妓 國家必聽其自便不准强留各宜猛省 或各差館稟報自必卽行申理倘中
日華民政務司署給
親
娼
赴前取
非上柺主
58
Punishment
of Whipping OD Segond and aubsequent Convictiona
Form of Information snd Prossed- inga.
16
IX. Whenever any Person shall be convicted before the Supreme Court of any Offence against the Provisious 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 Punish- ment hereinafter prescribed, the Offender, if a Male, be once, twice, or thrice publicly or privately whipped subject to the Provisions contained in Section I 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 Provisions of this Ordinance are intended to repress certain offences and abuses which there is reason to believe arc of frequent occurrence among the lower classes of the Chinese Population of this Colony, viz., the buying and selling of women and girls and their foreible or fraudulent abduction or detention for the purposes of prostitution. Also the decoying away under false pretences, or the abduction by force or intimidation, of persons for the purposes of Chinese Emigration. All the offences defined by this Ordinance are in a great measure ejusdem generis, and are made punishable alike by imprisonment with or without hard labour for a period not exceeding two years; and power is given to the Supreme Court, whenever previous convictions are proved, to direct the offender, if a male, to be whipped under the provisions of Ordinance No. 3 of 1868. It is proposed that this Ordinance should not come into force until Her Majesty's confirmation of it has been received, and therefore the usual Suspending Clause to that effect has been inserted.
Zitto.
Preamble.
Reperi
JULIAN PAUNCEFOTE, Attorney General.
NOTE.-The above statement was appended to the Bill when introduced early in 1873.
Aldaction of
WOMAN OF
female child
with intant,
C
Selling or parchasing.
Bringing inte
the Colony
wozden or
oblidrea
knowing them
to have been
sold for
prostitution
Deteluing a
Worsh or
female child
for purpose of
prostitution.
Receiving or
barbouring
with intent,
4:
M.
No. 2 of 1875.
J. R.
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.]
WHEREAS it is expedient to go on being into the Colony, or unlawfully pening
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 decoy- ing 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:-
I. 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 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 berein- after provided.
V. Whosoever shall receive, or barbour 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 punish- ments hereinafter provided.
17
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 con- viction 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 emi- gration, or for any other purpose whatsoever, shall be guilty of a misdemeanour, and on conviction thereof, shall be liable to the punishments bereinafter 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 I of Ordinance No. 3 of 1868; and all the provisions of section XCIV of Ordinauce 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.
Ileceiving or harbouring women or children knowing them to have be soit for prostitution. Tulantul imprisonment
or dutention.
Decosing persons into
or away from the Colony.
Punishment
fot offences
Trial of offences.
Summary convictions
Panishmont
or whipping
on second and subsequent convictions.
Form of futomation and proceed-
irgs.
The Ordinance No. 6 of 1973 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 scoms 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 Colouy 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 misdemeanour 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 barbour 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.
Hongkong, 23rd February, 1875.
JOHN BRAMSTON,
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 aud report the matter at any time you please. Your grievance will be at once attended to. 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 very watchful! Be not deceived by brothel- keepers! Observe this notice.
Registrar General's Office, June, 1882.
If you
N.
壬午年五月
J. R.
期賣
銀誘受
或騙他
便被或
是
迫將
凡英國土無論何國居民皆得自主
不受他人拘制爾婦女等如有被人拐
情願者便是犯例許爾等隨時親赴官
衙
毌爲寮主所惑
立意從良不欲爲妓 國家必聽其自便不准强留各宜猛省 或各差館稟報自必卽行申理倘中
日華民政務司署給
親
娼
赴前取
非上柺主
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