CO129-519-8 Offences against the Person Amendment Ordinance- 1929 23-9-1929 - 28-9-1929 — Page 7

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Enclosure No. 2.

ATTORNEY GENERAL'S CHAMBERS,

Hong Kong23rd September, 192 9.

REPORT ON ORDINANCE No..........1.3..........of 192 9.

I have examined the accompanying Ordinance. intituled an

Ordinance to amend the Offences against the Person Ordinance, 1865, and I am of opinion that the Ordinance

is one which is not contrary to the Governor's instructions.

Section 45 of the Offences against the Person

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Ordinance, 1865, Ordinance No. 2 of 1865, makes it a

offence to take away a child under fourteen, by force or

fraud, with intent to deprive any parent, guardian, or

other person having the lawful care or charge of the child

or of the possession of such child.

In cases where

the child taken away was a mui tsai, and where the

authorities have prosecuted on being satisfied that the

motive of the kidnapper was not a benevolent one but the

desire of gain, they have sometimes been met by the argument that the section did not apply because the mistress of a mui tsai could not be considered as having

the lawful care or charge of the child.

The Government