231033-1936-Supplementary-Bills-read-a-first-time--Marriage-Amendment-Protection-of-Women-and-Girls-Amendment — Page 1

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LEGISLATIVE COUNCIL.

No. S. 141.-The following Bills were read a first time at a meeting of the Council held on the 27th May, 1936 :-

A BILL

[No. 10:-2.5.36.-1.]

Short title.

Amendment of Ordinance

No. 7 of

1875, s. 29.

INTITULED

An Ordinance to amend the Marriage Ordinance, 1875.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as the Marriage Amend- ment Ordinance, 1936.

2. Section 29 of the Marriage Ordinance, 1875, is amended by the addition of the words "or to a fine not exceeding one thousand dollars" after the words "two years" at the end thereof.

Objects and Reasons.

1. Section 29 of the principal Ordinance provides that any minister, who (1) wilfully celebrates a marriage in the case of a minor without such written consent as is therein prescribed or (2) wilfully celebrates a marriage contrary to any other provision of the Ordinance, or knowing that any provision of the Ordinance has not been complied with, shall be guilty of a misdemeanor and shall be liable to imprison- ment, without hard labour, for any term not exceeding two years.

2. The object of the amending Bill is to provide for the imposition of a fine as an alternative to imprisonment.

3. The maximum fine is placed at $1,000 as that is the normal maximum fine in the case of misdemeanors—see Ordin- ance No. 1 of 1898, s. 5; but if the case is dealt with summarily the maximum would be reduced to $250 under section 84 (1) of Ordinance No. 41 of 1932.

4. Cases have occurred where ministers of religion have disregarded the requirements of the Ordinance to an extent meriting the imposition of some penalty but which did not justify proceedings leading to imprisonment.

5. It is hoped that legislative sanction of this alternative penalty will have the effect of promoting a closer attention by the persons concerned to the requirements of the principal Ordinance.

May, 1936.

C. G. ALABASTER,

Attorney General.

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