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

7.

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girls under the age of twelve years, but in astern

countries girls are married at a very early age

and although it has not been the custom for the

husbands to have intercourse with their wives

under twelve years of age there are some brutal

men who have done so and if prosecuted for the

offence it might be urged that it was not unlawful

the girl being the defendant's wife. : Bill

similar to this has been passed in India, the

Straits Settlements and other places. The Secre-

tary of State desires uniformity of legislation,

and though I expect that the operation of the Bill

will be very small indeed in this Colony because

the Chinese are not accustomed to any such

practice as is condemned by this Bill still we

shall secure uniformity of legislation on the

-

subject in Her l'ajesty's possessions throughout

the East. That is really the object of bringing

forward this Bill."

Section 5 of the Ordinance is derived from section

(1) of the Criminal Law Amendment Act, 1885, but for reasons

hich are indicated above the ages are between 12 and 16 instead of between 13 and 16 also the words "unlawfully" and

"unlawful" are oritted; but the word "unmarried" is inserted.

In England the proviso as to reasonable belief was modified by

the Criminal Law amendment Act, 1922. also by various Acts

in 1904, 1922 and 1928 the limitation of time for proceedings has been extended to 12 ronths (see 4 Halsbury's Statutes

p.7001.

8.

In cases of indecent assault, other than carnal

knowledge cases, the local age of consent is 13 years under section 7 (2) of Ordinance No.4 of 1897, which corresponds