CO129-403 - Governor Sir May Acting Governor Claud Severn - 1913 [8-10] — Page 206

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

OS

207

(broadly defined in Artioles 1 and 2 of the Convention) within different jurisdictions; or in other words I assume that the legislation in Great Britain is regarded as ample to Leet the re- -quirements of Articles 1 and 2 of the Convention. It should also here be noticed that under clause (a) of the final Protocol, the requirements of Articles 1 and 2 of the Convention are only to be regarded as a minimum. Clause (d) of the final Protocol points out that the question of detention of women in brothels is essentially a watter for local internal legislation.

2.

It would naturally aut ve concluded that the broad principles enunciated in Articles 1 and 2 of the Convention could possibly be carried into effect by one or even a few simple clauses in local legislation, and it will be noticed that in the Secretary of State's Despatch now under consideration, it is stated that the relative legislation is in Great Britain found to

be contained in

(a) The Criminal Law Amenduent Act, 1885.

(b) The Vagrancy Act, 1898.

(c) The Criminal Law Amendment Act, 1912.

If a comparis n is unde between the provisions of these enactionta

and of those of the enactments which obtain in .ong ong, it will be found that tuis Colony possesses already very aimlar in some

respecte even more rigid legislation than that which obtains in

Great Britain. I navo made a rough Taule of comparison which I put

up marked Blue "A" and without going into detail I may say that the

only substantial differences between the british and Local legisla-

-tion are as follows:-

(1). The age of the female affected by an offence which would

directly fall under the provisions of Article 1 of the

Convention as explained by clouse (b) of the first

Protocol is in Great Britain fixed at 21 years; in Hong-

-kong at 18; in the Protocol at 20 as a minimum.

(2). In the Penal sections of the English law dealing with

defilement of young girls, such offence is divided into

two osteories for which punishments vary in severity.

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