CO129-547-7 Marriage Amendment Ordinance 1934- Protection of Women and Girls Amendment Ordinance 1934 19-9-1933 - 4-7-1934 — Page 17

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Hon. Colonial Secretary.

1.

Miss Rathbone's question enclosed in the circular

despatch of the 24th July, 1933, asking for the minimum age of marriage and age of consent (inside and outside marriage), legally prescribed in the Colony, is widely framed; and is probably intentionally so framed as the age of consent differs

according to the sense in which it is to be understood.

2.

So far as Christian marriages are concerned, by Ordinance No.7 of 1875 (as amended by No.14 of 1926, and No. 34 of 1932 if either party, not being a widower or widow, is

under 21 the written consent of the father or in certain cases the mother, guardian or registrar of marriages) is necessary. Subject to such vicarious consent, the age of personal consent in the case of Christian marriages in the Colony is the same as it was in England until 1929, that is to say 14 in the case of males and 12 in the case of females (see 16 Halsbury p.281). In England the Marriage Act, 1929, rendered void marriages solemnised or contracted after the 9th ay 1929 between per- sons either of whom is under the age of sixteen.

In Hong Song, non-Christian customary marriages duly celebrated according to the personal law and religion of the parties are not controlled by any Ordinance. Amongst a section of the Chinese (the Ilakkas) so called "child mariages" occur; but these are merely binding betrothel, and cohabitation does not take place and would not be permitted by the families of the parties before the age of about 16.

3.

So far as the criminal law is concerned, by section 6 (1) of Ordinance No.4 of 1897 every person who carnally knows any girl und r the age of 12 years, whether he is married to her or not is ruilty of felony and liable to i prisonment for life. Section 6 (2) makes an attempt to commit such an offence

a misdemeanor.

By section 5 of the same Ordinance every person who

4.