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HONGKONG LEGISLATIVE COUNCIL
The Bill itself is extremely simple. It gives power to the Postmaster-General and to the Customs authorities to detain any articles coming into the Colony which are expected to contain any publication of a seditious character and if by these or by any other means publications of a seditious character are brought to the notice of the Governor-in-Council, the Governor-in-Council may notify in the Gazette that such docu- ments shall be forfeited and upon such notification such documents may be seized and confiscated (Sections 3, 5, and 6).
Any person who has any interest in the papers thus forfeited has the right of appeal to the Supreme Court.
of
By Section 4, issue, sale or exposure forfeited publications is made an offence and a penalty is provided therefor.
The definition of seditious matter is con- tained in Section 2.
The provisions of this Bill, with the excep- tion of Section 4, are adapted from parts of the Indian Press Act, 1910, whilst Section 4 itself is an adaptation of the Section 2 of the Chinese Publications (Prevention) Ordinance, 1907, which is at present in existence in this Colony.
THE ATTORNEY-GENERAL moved the suspension of the Standing Orders to enable the Bill to be read a second time.
THE COLONIAL SECRETARY second- ‹d, and the motion was agreed to.
in other ways besides through the Post Office, while the Postmaster-General will still have power to detain any matter which passes through the post which ho is suspicious is seditious, similar power will be given to the Superintendent of Imports and Exports, and to any other officer authorised by the Governor-in- Council to have power to detain any sus pected article. The Bill gives power to detain any articles suspected of contain- It also pro- ing seditious publications. vides that the Governor-in-Council may, if any book, or newspaper or document is seditious, declare it to be such, and declare it to be forfeited. Notice is pub- lished in the Gazette, and power is given to issue search warrants for such publica- tions, and for seizure by the officer mak The fact that seditious ing the search. publications have found their way
into the Colony recently is sufficient reason for coming to the conclusion that this Bill is desirable.
THE COLONIAL SECRETARY second- ed, and the Bill was read a second time.
Council then went into Committee to consider the Bill clause by clause.
On resuming,
THE ATTORNEY-GENERAL reported that the Bill had passed through Com- mittee without amendment, and moved that it be read a third time.
THE COLONIAL TREASURER second- and the Bill was read a third time and passed.
Protection of Women and Girls'
Ordinance
THE ATTORNEY-GENERAL moved the first reading of a Bill entitled, “An Ordinance to amend the Protection of Women
THE ATTORNEY-GENERAL, in moved, ing the second reading, said-The aim of this Bill, Sir, is set out clearly, I think, in the "Objects and Reasons" appended, and I do not think I need do more than refer to it very shortly. Briefly, the object of the Bill is threefold: (1), To make it clear what matter is to be deemed to be sediti- ous; secondly, to provide for more effective means of preventing the introduction into the Colony of seditious matter as defined by the Bill; and, thirdly, to provide for seizure and forfeiture of seditious pub- lications. In the law at present there is certain power for preventing the introduc- tion into the Colony of seditious matter. but it is confined to stopping seditious matter which comes in through the Post Office. The present law is also limited in other respects, as it appears that the Post- master is only able to return seditious matter to the Post Office of origin. The present Bill. Sir, provides that as sedi- tious matter may come into the Colony
and Girls' Ordinance, 1897.**
THE COLONIAL SECRETARY second- ed, and the Bill was read a first time.
The
Objects and Reasons
are:-
The
The International Convention for the suppression of the White Slave Traffic was signed at Paris on May 5th, 1910. ratification of the adherence of Great Britain to the terms of this important International Congress was deposited at Paris on August 8th, 1913. This Colony has declared its accession to the Convention, and it has
HONGKONG LEGISLATIVE COUNCIL
accordingly become necessary that certain modifications should be made in the local law dealing with this matter in order to carry out the obligations which are imposed upon all those Governments which adhere to the resolutions of the Congress. This Bill carries out some of the required modifications in the local law by amendments of the local Protection of Women and Girls' Ordinance,
1897.
In the first place the age of girls the subjects of procuration offences has been fixed by the Convention as that of 20 as a minimum; Section 2 of the Bill brings up the age, which at present stands locally at 18, to the necessary minimum.
552 Kat
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The above amendment places this offence in the category of those for which the penalty of flogging may be inflicted in respect of a second offence of this character; and is taken from Section 7 Sub-Section (5) of the Criminal Law Amendment Act, 1912.
The provisions of this Bill are supple- mented by the provisions of two other Bills, namely, the Magistrates Amendment Bill, 1914, and the Flogging Amendment Bill, 1914 (laid before the Council simultaneously with this Bill), which also amplify punish. ments in certain cases connected with the White Slave Traffic.
Secondly, by an amendment Section 17 of the existing Ordinance, the fact that a male person, who is proved to live or to be habitually in the company of a prostitute, has no visible means of subsistence is no longer to be taken into account, but he is deemed to be guilty of the offence of living on the proceeds of prostitution if he is proved to have exercised control, directioned, and the Bill was read a first time. 01 influence over the movements of a prostitute in such a manner as to show that he is aiding, abetting or compelling her prostitution with any other person or generally.
The Magistrates' Ordinance
THE ATTORNEY-GENERAL moved the first reading of a Bill entitled, "An Ordinance to amend the Magistrates' Ordinance, 1890,"
By a further amendment of the same section (17) it is made possible to proceed against a female who for the purposes of gain is proved to be exercising similar control over the movements of a prostitute.
The reason for these two last amendments is that Article 2 of the Convention con- templates the punishment of male or female persons who, by some more subtle means than direct fraud or violence, control and profit from the prostitution of others; the text of these amendments is taken from Section 7 Sub-Section (1) and Sub-Section (4) respectively of the Criminal Law Amendment Act, 1912.
Lastly, by an amendment of Section 31 f the same Ordinance power is given to the Magistrate or the Court to inflict the penalty of flogging on a male person living on the proceeds of prostitution in respect of a second offence of this or similar character. Although the power of flogging in the case of a second offence exists in respect of certain offences against the local Protection of Women and Girls' Ordinance, such power does not exist at present in the case of the offence of living on the proceeds of prostitution against which Section 17 of the Ordinance is directed.
THE COLONIAL SECRETARY second-
TheObjects and Reasons" are:-
The object of this Bill is to give power to a Magistrate to inflict the penalty of flogging upon a male person convicted of a procuration offence under Section 4 of the Protection of Women and Girls' Ordinance, 1897. The Hongkong law does not at present provide for the infliction of this Penalty in the case of a first procuration offence. The amendment is taken from Section 3 of the Criminal Law Amendment Act, 1912.
This Bill should be read together with the Protection of Women and Girls' Bill, 1914, and the Flogging Amendment Bill, 1914, simultaneously laid before Council.
This Bill is introduced in order to bring up to the standard which exists in Great Britain the penalties in connection with procuration offences which have been made more severe in consequence of the Paris International Convention of 1910 for the suppression of the White Slave Traffic.
THE
The Flogging Ordinance
ATTORNEY-GENERAL moved
the first reading of a Bill entitled, “An Ordinance to amend the Flogging Ordi- nance, 1903.
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THE COLONIAL SECRETARY secoud- ed, and the Bill was read a first time.
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