CO129-231 - Acting Governor Marsh - 1887 [1-3] — Page 70

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A BILL

ENTITLED

An Ordinance for the better protection of

young Girls.

HEREAS it is expedient to prevent adopted children and female servants being brought up in the Colony for the purpose of prostitution: Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows :---

any

1. On any complaint being made to the Registrar Ge- neral that any female child between the ages of six and sixteen years is in the custody or under the control of person in the Colony with the view of being trained or disposed of as a prostitute, it shall be lawful for the Regis- trar General to summen before him such custodian requir- ing at the same time the production of the said child, and to make full inquiry into the said complaint.

2. The Registrar General may associate with him in the said inquiry two or more Chinese Justices of the Peace or such other Chinese persons as may from time to time be designated by the Governor, and if after due inquiry he is satisfied that the child is being trained as a prostitute, or that it is the intention of the custodian thereof to dispose of the said child as a prostitute, it shall be lawful for the said Registrar General' to make an order for the proper custody of the said child, or if the said Registrar General should think fit to leave the said child with the said custodian, and he may require the latter to furnish such security in such an amount, with such sureties as he shall deem fit for the proper care and bringing up of the said child.

The Registrar General may also call upon the said to furnish him with a photograph of the said child.

party

3. If any person who has received such notice shall not appear, and produce the said child, and shall not satis- factorily account for such default the Registrar General may sentence the party so making default to a fine not exceeding five hundred dollars, and in default of payment may order that the said partybe imprisoned with or without hard labour for any period not exceeding six months.

4. Whenever the Registrar General shall have reason to believe that any female child under the age of sixteen years has been purchased and brought into the Colony for the purpose of emigration, it shall be lawful for the Registrar General to summon before him the custodian of the said child as provided for by section 1 of this Ordi- nance, and to deal with the case and make such order for the proper custody of the child as the circumstances of the case may require, and in case the said party shall refuse or neglect to obey the said summous, he shall be liable to the penalties mentioned in section 3.

5. It shall be lawful for the Registrar General by notice in writing under his hand, to summon before him any person who he believes can give information respecting any such female child, or its treatment by its adopted parents, custodian or employer, and any person disobeying such notice, and not giving satisfactory reason for such default shall be liable to a penalty not exceeding two hundred dollars or in default thereof to imprisonment with or with- out hard labour for any period not exceeding three months. 6. Whenever the Registrar General shall have reason to believe that any female child between the ages of six and sixteen years is in the custody, power or possession of any person who has no legal right to such custody, and that it is prejudicial to the interests, and liberty of such child that she should continue in the custody of such person, it shall be lawful for the Registrar General to make appli cation to a Judge in chambers for a writ of Habeas Corpus. On the return of the said writ the said Judge shall make such order respecting the custody, education, and bringing up of the said child, and on such conditions as he shall deem best in the interest of the said child.

7. Any person aggrieved, or affected by any order or certificate of the Registrar General under this Ordinance may within one week from the date of such order, or certificate, appeal in a summary way to a Judge in cham- bers against any such order or certificate.

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The said appellant shall give notice in writing to the Registrar General of his intention to appeal, and the said Registrar General shall forthwith transmit to the said Judge the notes of any evidence taken by him, and the reasons for his decision.

The said Judge may upon the receipt of the notes and reasons confirm the said order or certificate, amend or annul the same, or may refer the matter back to the said Registrar General for further evidence, or may order the attendance of the parties before him, and may thereupon make such order as the justice of the case may require.

8. In any case where it shall be made to appear to the Registrar General that any person having furnished security under this Ordinance is not faithfully carrying out or performing the same, it shall be lawful for the Registrar General to call upon the said person and the sureties to shew cause why the said recognizance should not be estreated, and if on hearing the said parties or in their absence if they do not appear, the Registrar General

be of opinion that the said bond has not been duly and faithfully performed, or that any of its conditions have not beau fulfilled, he shall certify the same to one of the Judges of the Supreme Court, and on written application made to that effect the said Judge may order the said hond to be estreated, or may make such other order as to him shall appear just, and if the said bond be estreated the said Judge shall order that execution do issue forth- with thereon, provided always that it shall be competent for the said Judge before making any order on the said application to require the appearance before him of the parties to the said bond.

9. In any action which may hereafter be entered for the recovery of any sun due on any bond or recognizance which before the coming into operation of this Ordinance has been entered into before the Registrar General with respect to the custody, maintenance or giving in marriage of nay female child, it shall not be necessary for the plaintiff

in such action to allege or to prove that any consideration was given for the said hond or recognizance, and it shall not be competent for the said defendant to allege in defence that the Registrar General had no authority or power to require such bond from him, or that no consideration was given for the same.

10. It shall be lawful for the Governor in Council to make and when made to alter, amend, or revoke all Rules and Regulations necessary for the efficient working of this Ordinance.

11. The said Rules may provide for the presence at all enquiries to be held by the Registrar General under this Ordinance, of any two or more Chinese Justices of the Peace, they shall also regulate the mode of holding such inquiries and whether the same shall be held in public, or in presence only of the parties interested.

12. The forms contained in the Schedule to this Ordinance shall be the forms to be used when required under this Ordinance.

SCHEDULES.

A.

Notice under Section 1 of Ordinance No.

70 A.B. residing at

of 1886.

Whereas complaint has been made to me C.D. Registrar General of this Colony that you the said A.B. have in your custody or under your control a female child between the ages of six and sixteen years which child is being trained as a prostitute.

Now these are to require you the said A.B. to appear before me at my office situate in Queen's Road on

and to produce then and there the said child.

Dated this

Eight hundred and

day of

in the year One thousand

C.D., Registrar General.

Take Notice that if you do not obey this suramous you are liable to a penalty not exceeding five hundred Dollars, and in default of paying the said sum to imprisonment not exceeding six months.

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