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Sections 15, 16, 17, and 18, relating to rape, abduction, &c., are simply re-enactments of the existing law as to offences against the person, with the exception of sub-section (2) of section 15, which is taken from section 4 of the Criminal Law Amendment Act, 1885.
Section 19 is founded upon section 17 of the English Prevention of Cruelty to Children Act, 1894, and is intended to meet the difficulty of strict proof of age which exists in the case of Chinese children.
Section 20 is taken from section 20 of the Imperial Criminal Law Amendment Act, 1885, slightly modified, and enlarges and supersedes the provisions of section 29 of Ordinance 11 of 1890.
Section 21 sets out the provisions referred to in section 32 of Ordinance 11 of 1890.
Section 22 is similar to section 12 of Ordinance 11 of 1890, but omits the reference to two Magistrates, as, at present, there is only one, and it is always, in practice, difficult to obtain a sitting of two Magistrates together.
Section 23 is taken from section 13 of Ordinance 11 of 1890, but the wording is modified to suit alterations in the law as regards whipping required by the Secretary of State, and now effected by the Flogging Ordinance, 1897.
Section 24 is a reproduction of Ordinance 14 of 1891, section 4, and prevents parents, after selling their children and spending the money, from claiming them back even when adopted by the purchaser. This used to be done and then the child would be sold again.
As regards part 2 of the Ordinance, relating to the powers of the Registrar General, it must be borne in mind that part 2 of Ordinance 11 of 1890, was to be in force for two years and such further period as might be determined by Resolution of the Legislative Council. It was thus extended for one year in 1893 and in 1894 for 5 years more. Experience having proved the advantage of having conferred such powers, the present Ordinance makes them permanent and, accordingly, section 20 of Ordinance 11 of 1890 has been omitted.
Sections 25, 26, 27, 28 and 29 are reproductions of sections 14, 15, 16, 18 and 19 of Ordinance 11 of 1890, except that section 28 sub-section (3) is new and is introduced at the request of the Registrar General to prevent outsiders tampering with the inmates of the Refuge. This seems a necessary alteration, having regard to the circumstances. It will be observed that section 17 of Ordinance 11 of 1890 has not been re-introduced, as the building has been provided; and section 20 of Ordinance 11 of 1890 is omitted, as it is intended to make these provisions permanent. They have worked well in practice.
Section 30 is section 23 sub-section (1) of Ordinance 11 of 1890, sub-section (2) having been repealed.
Section 31 is section 24 of Ordinance 11 of 1890, with the additional words inserted which were introduced by Ordinance 6 of 1894, section 3.
Sections 32, 33 and 34 are re-enactments of sections 26, 28 and 27 of Ordinance 11 of 1890 respectively.
Note.—Sections 30 to 34 are transferred to the heading "Registrar General", to which they seem to belong now that the former part 2 of Ordinance 11 of 1890 is intended, as reproduced, to be made permanent.
Section 35 reproduces section 22 of 11 of 1890, with a clause saving powers of present officers till others are appointed.
Sections 36 and 37 reproduce sections 30 and 31 of Ordinance 11 of 1890.
Section 38 reproduces section 33 of Ordinance 11 of 1890, omitting the sub-sections already repealed by Ordinance 6 of 1894.
Section 39 deals with Repeals.
Note.—Sections 44, 45 and 49 of Ordinance 4 of 1865 are not now repealed, because they have been already repealed by other Ordinances.
June 4, 1897.
W. Meigh Goodman,
Attorney General.
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Sections 15, 16, 17, and 18, relating to rape, abduction, &c., are simply re-enactments of the existing law as to offences against the person, with the exception of sub- section (2) of section 15, which is taken from section 4 of the Criminal Law Amendment Act, 1885.
Section 19 is founded upon section 17 of the English Prevention of Cruelty to Children Act, 1894, and is intended to meet the difficulty of strict proof of age which exists in the case of Chinese children.
Section 20 is taken from section 20 of the Imperial Criminal Law Amendment Act, 1885, slightly modified, and enlarges and supersedes the provisions of section 29 of Ordinance 11 of 1890.
Section 21 sets out the provisions referred to in section 32 of Ordinance 11 of 1890,
Section 22 is similar to section 12 of Ordinance 11 of 1890, but omits the reference to two Magistrates, as, at present, there is only one, and it is always, in practice, difficult to obtain a sitting of two Magistrates together.
Section 23 is taken from section 13 of Ordinance 11 of 1890, but the wording is modified to suit alterations in the law as regards whipping required by the Secretary of State, and now effected by the Flogging Ordinsuce, 1897.
Section 24 is a reproduction of Ordinance 14 of 1891, section 4, and prevents parents, after selling their children and spending the mousy, from claiming them back even when adopted by the purchaser. This used to be done and then the child would be sold again.
As regards part 2 of the Ordinance, relating to the powers of the Registrar General, it must be borne in mind that part 2 of Ordinance 11 of 1890, was to be in force for two years and such further period as might be deter mined by Resolution of the Legislative Council. It was thus extende for one year in 1993 and in 1894 for 5 years more. Experience having proved the advantage of having con- ferred such powers, the present Ordinance makes them permanent and, accordingly, section 20 of Ordinance 11 of 1890 has been omitted.
Sections 25, 26, 27, 28 and 29 are reproductions of sections 14, 15, 16, 18 and 19 of Ordinance 11 of 1890, except that section 28 sub-section (3) is new and is introduced at the request of the Registrar General to prevent outsiders tampering with the inmates of the Refuge. This seems a necessary alteration, having regard to the circumstances. It will be observed that section 17 of Ordinance 11 of 1890 has not been re-introduced, as the building has been pro- vided; and section 20 of Ordinance 11 of 1890 is omitted, as it is intended to make these provisions permanent. They have worked well in practice.
Section 30 is section 23 sub-section (1) of Ordinance 11 of 1890, sub-section (2) having been repealed.
Section 31 is section 24 of Ordinance 11 of 1890, with the additional words inserted which were introduced by Ordinance 6 of 1894, section 3.
Sections 32, 33 and 34 are re-enactments of sections 26, 28 and 27 of Ordinance 11 of 1890 rospectively.
Note.-Sections 30 to 24 are transferred to the heading "Registrar General", to which they seem to belong now that the former part 2 of Ordinance 11 of 1890 is intended, as reproduced, to be made permanent.
Section 35 reproduces section 22 of 11 of 1890, with a clause saving powers of present officers till others are appointed.
Sections 36 and 37 reproduce sections 30 and 31 of Ordinance 11 of 1890.
Section 38 reproduces section 33 of Ordinance 11 of 1890, omitting the sub-sections already repealed by Ordinance 6 of 1894.
Section 39 deals with Repeals.
Note.-Sections 44, 45 and 49 of Ordinance 4 of 1865 are not now repealed, because they have been already repealed by other Ordinances.
Jeme 941597.
W. MEIGH GOODMAN,
Attorney General.
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Pour Law
Do the So
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