CO129-265 - Public Offices & Others - 1894 — Page 54

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

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Extract from the "Rangoon Times," dated 7th February 1894.

Tan President said-

9.77

1894

"The next matter is to consider the President's memorandum as to the result of his enquiries regarding prostitution and solicitation in Rangoon. I have already gone so very fully into this question in my memorandum of 20th January that I need hardly do more today than bring the points of my memorandum to your notice. I was asked to enquire into (1) the prevalence of open prostitution and solicitation in Rangoon; (2) the alleged slavery of some of the prostitutes; (3) the alleged buying and selling of girls for prostitution. I have found that the existing law fully covers the second and third points and so have made no recommendations as to them. As to the first, I have found that more or less notorious brothels exist in nearly every residential and business street in the town proper, from Judah Ezekiel Street to Godwins Road, and in close proximity to the chief schools for boys and girls of all nationalities. I have further found that solicitation of a very annoying and persistent kind is constantly practised in the most respectable streets in which people have a right to expect to be free from it. I have found that, though the existing law technically covers offences under both the above beads, it does not do so in practice; that is to say, that the steps necessary to bring the offenders to justice are not such as respectable and trustworthy people can be expected to take. I have found that a section of the Punjab Municipal Aot covers the class of offences that come under the head of keeping brothels, but that there is no existing enactment covering offences under the head of solicitation. The section in the Punjab Municipal Act provides that if three or more inhabitants of the neighbourhood of a house used as a brothel satisfy a Magis- trate that it is a brothel, the owner or tenant must vacate within five days or be fined Rs. 25 a day. That seems to me to cover our wants exactly for brothels which will thus gradually find their lasting abode in neighbourhoods where nobody objects to them. As to solicitation I have proposed a section in my memorandum which gives the word the widest definition practicable, makes it a penal offence, and one of which the Police may take cognizance. In order that these proposed sections may become law it will be necessary to amend the Lower Burma Municipal Act. I propose therefore that we ask the local Government to take steps to amend the Lower Burma Municipal Act, 1884, as so to include in it the following sections:-

"Brothels.-(1) On the complaint of three or more inhabitants of a municipality that a house in their immediate neighbourhood and within the limits of the municipality is used as a common brothel or lodging-house for prostitutes or disorderly persons of any description, to the annoyance of the respectable inhabitants of the vicinity, any Magis- trate of the first class, having, as such, jurisdiction in the place where the house is situ- ated may summon the owner or tenant of the house to answer the complaint, and on being satisfied that the house is so used and is therefore a source of annoyance and offence to the neighbours, may order the owner or tenant to discontinue such use of it, and if he shall fail to comply with such order within five days may impose upon him a fine to the extent of twenty-five rupees for every day thereafter that the house shall be so used. (2) This section shall take effect in a municipality only after it has been specially extended thereto by the local Government at the request of the Committee.

"Penalty for solicitation.-(1) Whoever importunes, solicits, or molests any person, or sits or loiters, for the purpose of prostitution or on behalf of a prostitute, or performs any act which amounts to solicitation for the purpose of prostitution or on behalf of a prosti- tute shall be punishable with fine which may extend to one hundred rupees or with ina- prisonment for a term which may extend to fourteen days for every breach of this

section.

(2) Whether any act that has been performed amounts to solicitation for the purpose of prostitution or on behalf of a prostitute shall be decided by the Magistrate having jurisdiction in each case,

(3) Every breach of this section shall be a cognizable offence,

Mr. Miller said—

**The thanks of the this Committee and of every Municipal voter in Rangoon are due to the President for the incisive manner in which he has conducted the investigations on this unsavoury subject, as requested at the meeting of 19th December last. The matter is one that cannot be treated with rose-water, and the thoroughness of the enquiries has revealed an existing state of things that are simply appalling, and would be a disgrace to this body if permitted to continue; and where the remedy lies in its hands, as it will, to a great extent, if the local Government amends the Lower Burina Municipal Act as proposed by Major Temple. The addition of the proposed sections are in no way needlessly haras- sing to an unfortunate class, whose existence we all deplore, but they will largely protect the youth of Rangoon, who are at present contaminated by the proximity of the houses complained of to certain educational institutions, but will also conduce to the preser- vation of public decency, which is being nightly outraged on some of the most important streets of Rangoou. I beg to second Major Temple's proposition."

G R. C. P. 0.-No. 1876, B. S., 20-3-94-50.

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