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

Pa

10

custom.

The section also makes it an offence to be in

possession, without lawful authority or excuse, of any such

minor who has been so dealt with after the date of the

first publication of the bill, whether such minor was so

dealt with within or without the Colony. No doubt, proof

that the transaction was for the purpose of a Chinese

marriage or adoption would bring a person within the

exception of lawful authority or excuse. An offender

against the section may be sentenced to a fine not

exceeding one thousand dollars or to imprisonment for any

term not exceeding one year, or to both such fine and such

imprisonment. No prosecution can be instituted without

the consent of the Attorney General.

6.

Section 3 also contains three subsidiary provisions

as follows :

(a)

It empowers the magistrate to "find" the

age of the minor whether evidence of age

be given or not.

(b)

Pa

(c)

It provides that it shall be no defence

to a charge under the section that the

minor consented to the transaction, or

that the minor received the consideration

or any part thereof, or that the accused

believed or had reasonable ground to believe

that the minor was not under the age of

eighteen.

It also provides that nothing in the

section is to be considered as recognising

in any way whatsoever the possibility that

rights of possession, custody or control

over any person can be transferred or

10

10Page 11