CO129-399 - Governor Sir May - 1913 [1-2] — Page 38

Report

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*An Ordinance (No.42 of 1912) to provide punishment for certain

persons found guilty of adultery or of harbouring Chinese

Married Women,"

1. The object of this Ordinance is to provide some penalty

for (and, by providing a penalty, to prevent as far as may

be) cases in which a Chinese married woman is guilty of de-

liberate adultery with a paramour. Such a practice is un-

love

fortunately not known and there exist at present ne regular

means either for the husband to obtain redress or for the

punishing of the adulterous parties.

2. The Ordinance prescribes punishment for both the erring

wife and her paramour and provides for the payment of com-

pensation by the paramour to the wronged husband with whom

alone, however, lies the right and power of taking precee-

dings in connection with the jury dene to him.

3. With the Ordinance are conveniently welded the provisions

of the two existing Ordinances which already touched the

fringe of this question by making it illegal te harbour er

receive a Chinese married woman whe had left her husband

for ne proper cause.

4. Bection 1 is formal.

Section 2 defines what is meant by a woman married accor-

ding to the laws and customs of China. This definition has

already been employed in the local legislation.

5. Section 3 prescribes a penalty upon a person whe commits

adultery with, Chinese married woman: secondly it prescribes

a

a

A

a penalty for Chinese married woman who commits adultery: thirdly it lays it down that preceedings can only be brough} by the husband of the woman who has committed adultery, this limitation being taken from continental practice which appears to be suitably applicable locally.

6. Section 4 of the Ordinance re-enacts subsection (1) of

section 2 of the Magistrates Amendment Ordinance 1903 as