the peculiar circumstances of this
3. It may be well to call attention to the following modifications of the draft Ordinance, which was enclosed in NoT of 1890.
(1) The definition of "owner of a brothel" is so worded as to include the owners of houses, junks, boats, and other places, whether used as brothels or not. The word "brothel" having been previously defined, I have used it in the definition of "owner of a brothel" which is, I think, now clear.
(2) I have provided in Clause 3 that the repeal of Ordinance 19 of 1889 shall not thereby repeal any Ordinances thereby repealed for the first time. It thus becomes unnecessary to repeal them in the Schedule of repeals.
(3) As the English law does not deem a polygamous marriage to be valid (See Hyde v. Hyde and Woodmansee. L. R. 1 P. & D. 132), and as it was desirable to recognize the Chinese custom as regards the marriage of young girls, at all events so far as the first wife is concerned, it was considered advisable to give some explanation as to the word "unmarried" as used in this Ordinance. As, however, there are in this Colony other Asiatics besides Chinese, it was thought that the proviso now inserted would best meet the exigencies of the case.
There was a desire on the part of some members to distinctly recognize concubines as "married" within the meaning of the Ordinance. This I considered objectionable, and the Government has supported me by leaving the meaning of the words "duly married" to be decided by the Court should occasion arise. The two last provisos of Section II are taken from section 1 of the Imperial Criminal Law Amendment Act 1885.
4. The security referred to in Sections XIX & XX, and set forth in Schedule B has been somewhat added to.
5. The liability of the owner of a brothel, as provided by Part II of the Draft Ordinance, has been modified and is limited in the present Ordinance, as in Subsection 2 of Section III provided.
In this Colony, there are some very large property owners. Occasionally, without their knowledge, consent, and indeed against their wishes, some of their houses, or rooms therein, may be used as unregistered brothels. Where the house is not registered, it is often impossible to find the keeper. The owner might justly be held liable if he knew of and profited by the nefarious use to which his house was put, but it would be unjust to hold him criminally responsible and liable to 6 months imprisonment with hard labour,
for
the peculiar circumstances of this
3. It
may
Colony.
be well to call attention to the followr modifications of the draft Ordinance, aby,
which was enclosed in
NoT of 1890.
(1) The definition of
Survetary of Statis
owner
a brothel "we
so worded as to include the owners.
of
houses, junks, books, and other places,
whether used as
brothels or not. The
word "brothel" having brom previously defined, I have used it in the definite of "owner of a brothel which is I thin
now clear
revive
now
(2) I have provided in Clause 3 that the repeal of Ordinance 19 of 1889 shall no Ordinance's thereby repealed any It thus becomes unnecessary to repeal them in the Schedule of repeals, as if -repealed for the first time. (3) As the English law does not deem a polygamous marriage to be valid (See Hyde v. Styde and Woodmansee. L. R. 18.4 especially I. 132), and as it
P. was desirable to recognize the Chinese
regards
the marriage of young girls, at all events so far first wife, it was considered advisable
P130- Jee
custom as
give
some explanation
"unmarried
do concerned
as to the word
as used in this Ordinance
As however there are in this Colony other
Asiatics besides Chinere it
was
thought
that the proviso
no
731
to Asiatic marriages
Ovo now
inverted would best meet the exigencies of the
Care.
· some members
There was a desire on the part of s to distinctly recognize concubines as married " within the meaning of the Ordinance. This I considered objectionable and the Government has supported
my
by
of the words "duly married" to be decided
words duly new, leaving the meaning the Court should occasion arise. The two last provisos of Section II are taken from section I of the Imperial Aiminal Law Amendment
Act 1885
4. The security referred to in Sections XIX & XX, and
set forth in Schedule B has been somewhat
کچھ
added to
"
5. The liability of the owner of a brothel, as provided
by
Part II of the Draft Ordinance, has been modified and is limited in the present Ordinance, as in Subsection 2 off Section III provided.
there are some very large property
In this
owners.
Colony
Occasionally, without their knowledge. consent, and indeed against their wishes, some of their houses, or rooms therein, may be used as unregistered brothels.
Where the house is not registered it is often impossible to find the keeper. The owner might justly be held liable if he knew of and profited by the nefarious
house was
use to which his "
put, but it would be unjirst to hold him criminally responsible and liable to 6 months imprisonment with hard labour,
for
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