sub-enclosure to Enclosure 9.
Minute by the Attorney General, (Hon. W. Meigh Goodman) on the Ordinance to consolidate and amend the Laws relating to the Protection of Women and Girls.
This Ordinance consolidates and amends the Laws relating to the Protection of Women and Girls, and, at the same time, introduces into this Colony certain provisions of the Imperial Criminal Law Amendment Act 1885 (48 and 49 Vict. cap. 69) which seem to be applicable to local circumstances.
The Ordinances which it replaces are contained in the Schedule of Repealed Enactments.
Section 3 includes (in its sub-sections) sections 4 and 7 of Ordinance 11 of 1890, and makes all who take part in the illegal act liable, as well as pointing out that it is immaterial whether the prostitution is to be within or without the Colony. The latter provision prevents any difficulty in that respect and follows the precedent in the Imperial Criminal Law Amendment Act, 1885, section 2, where the words are "either within or without the Queen's dominions". The words "or otherwise dispose of" are added to prevent disputes as to what is "taking on hire."
The Proviso at the end of the section is inserted to prevent the latest device of ingenious Chinese from proving, hereafter, so successful as it has been. The device is as follows:- A buys a girl at Canton and, if he brings her, himself, to Hongkong for the purpose of prostitution, his knowledge of the sale is easy to prove. To avoid this, A buys the girl and takes her to the steamer at Canton and then hands her over to a confederate B, who brings her to Hongkong and places her in a brothel. If B is arrested he says "You must prove I knew the girl had been sold." This is usually impossible. But, as he, alone, is in a position to explain how he came to bring a girl to Hongkong and place her in a Brothel after she had been sold in Canton, it seems fair to shift the burden of proving he did not know she had been sold upon him. Without such proviso I have found the sub-section of little use.
Section 4 sub-section (1) takes the place of section 5 of Ordinance 11 of 1890, as amended by Ordinance 14 of 1891 section 1, but retains the age of 16 (which is more suitable to the circumstances of this Colony) instead of 21, which is that fixed by the Imperial Criminal Law Amendment Act, 1885, section 2 sub-section (1).
The other three sub-sections are taken from sub-sections (2), (3) and (4) of section 2 of the Imperial Act above mentioned.
Section 5 is a re-enactment of section 6 of Ordinance 11 of 1890.
Sections 6 and 7 embody the existing law as to criminal assaults upon girls under 12, and indecent assaults on females (see section 2 of Ordinance 7 of 1892 and section 46 of Ordinance 4 of 1865).
Section 8 introduces into this Colony the provisions of section 8 of the Imperial Criminal Law Amendment Act, 1885, and supersedes the somewhat similar provisions of sub-section 1 of section 8 of Ordinance 11 of 1890 as amended by section 2 of Ordinance 14 of 1891.
Section 9 sub-section (1) is Ordinance 11 of 1890, section 8, sub-section 2, while sub-section (2) introduces sub-section (3) of section 3 of the Imperial Criminal Law Amendment Act, 1885, into the Colony.
Section 10 is sub-section (2) of section 5 of the said Imperial Act.
Section 11 introduces the provisions of section 6 of the said Imperial Act, but reduces the age of 13 to that of 12, which is more suitable in this Colony. Compare with section 6 of this Bill.
Section 12 embodies section 9 of Ordinance 11 of 1890, with its language slightly altered.
Section 13 embodies section 10 of Ordinance 11 of 1890, with the wording slightly altered. The words "or otherwise disposed of", which means disposal "ejusdem generis", will prevent quibbles as to the exact meaning of "let out to hire".
Section 14 is simply a re-enactment of section 11 of Ordinance 11 of 1890.
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sub-enclosure to Enclosure 9.
Minute by the Attorney General, (Hon. W. Meigh Goodman) on the Ordinance to consolidate and amend the Laws relating to the Protection of Women and Girls.
This Ordinance consolidates and amends the Laws relat- ing to the Protection of Women and Girls, and, at the same time, introduces into this Colony certain provisions of the Imperial Criminal Law Amendment Act 1885 (48 and 49 Vict. cap. 69) which seem to be applicable to local circumstances.
The Ordinances which it replaces are contained in the Schedule of Repealed Enactments.
Section 3 includes (in its sub-sections) sections 4 and 7 of Ordinance 11 of 1890, and makes all who take part in the illegal act liable, as well as pointing out that it is im- material whether the prostitution is to be within or without the Colouy. The latter provision prevents any dithculty in that respect and follows the precedent in the Imperial Criminal Law Amendment Act, 1885, section 2, where the words are either within or without the Queen's dominions". The words or otherwise dispose of" are added to prevent disputes as to what is "taking on hire."
The Proviso at the end of the section is inserted to pre- vent the latest device of ingenious Chinese from proving, hereafter, so successful as it has been. The device is as follows:-4 buys a girl at Cauton and, if he brings her, himself, to Hongkong for the purpose of prostitution, his knowledge of the sale is easy to prove. To avoid this, A buys the girl and takes her to the steamer at Canton and then hands her over to a confederate B, who brings her to Hongkong and places her in a brothel. If B is arrested he saya "You must prove I knew the girl had been sold.” This is asually impossible. But, as he, alone, is in a posi- tion to explain how he came to bring a girl to Hongkong and place her in a Brothel after she had been sold in Caulon, it seems fair to shift the burden of proving he did not know she had been sold. upon him. Without such proviso I have found the sub-section of little use.
Section 4 sub-section (1) takes the place of section 5 of Ordinance 11 of 1890, as amended by Ordinance 14 of 1891 section 1, but retains the age of 16 (which is more suitable to the circumstances of this Colony) instead of 21, which is that fixed by the Imperial Criminal Law Amend- ment Act, 1885, section 2 sub-section (1).
The other three sub-sections are taken from sub-sections (2), (3) and (4) of section 2 of the Imperial Act above mentioned.
Section 5 is a re-enactment of section 6 of Ordinance 11 of 1890.
Sections 6 and 7 embody the existing law as to criminal assaults apou girls under 12, and indecent assaults on females (see section 2 of Ordinance 7 of 1892 and section 46 of Ordinance 4 of 1865).
Section & introduces into this Colony the provisions of section 8 of the Imperial Criminal Law Amendment Act, 1885, and supersedes the somewhat similar provisions of sub- section 1 of section 8 of Ordinance 11 of 1890 as amended by section 2 of Ordinance 14 of 1891.
Section 9 sub-section (1) is Ordinance 11 of 1890, section 8, sub-section 2, while sub-section (2) introducas sub-section (3) of section 3 of the Imperial Criminal Law Amendment Act, 1855, into the Colony,
Section 10 is sub-section (2) of section 5 of the said Imperial Act.
Section 11 introduces the provisions of section 6 of the said Imperial Act, but reduces the age of 13 to that of 12, which is more suitable in this Colony. Compare with section 6 of this Bill.
Section 12 embodies section 9 of Ordinance 11 of 1890, with its language slightly altered.
Section 13 embodies section 10 of Ordinance 11 of 1890, with the wording slightly altered. The words or "other- wise disposed of ", which means disposal "ejusdem generis", will prevent quibbles as to the exact meaning of "let out
to hire".
Section 14 is simply a re-enactment of section 11 of Or- dinance 11 of 1890.
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