CO129-533-10 Position of prostitution in Hong Kong 16-1-1931 - 19-9-1931 — Page 41

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the Secretary for Chinese Affairs.

similar

4.

Ordinance No.4 of 1897, section 13, gives a

power of complaint to the Inspector General of

Folice (the present title of the head of the police force)

and to the Secretary for Chinese Affairs, with the following

differences:-

(a) Proof that the house is used as a brothel, etc.,

is sufficient.

It is not necessary to prove

annoyance.

(b) On proof of use the magistrate "shall", and not

merely "may", order discontinuance.

a distinction is intended.

Apparently

(c) The penalty for non-compliance with the order is

$50 a day, and not $15.

(a) There are also penalties provided for the use

proved, i.e., a fine not exceeding $100 and impri s-

onment not exceeding three months for a first

offence, $200 and six months for a second offence,

and $500 and twelve months for a subsequent offence.

In each case there is power to impose a fine, or

imprisonment, or both a fine and imprisonment.

This is the section which is used for closing "sly" brothels,

i.e., brothels other than the tolerated houses, and for

punishing the keepers. The usual penalty for a first

offence is $50. The section could be used for closing a

tolerated house, but I do not think that it has ever been

necessary to invoke the section for that purpose.

existence of the power in the background is enough. As it

would be perfectly easy in every case to prove the use

there would be no defence.

The