28197-1912-Supplementary-Bill-read-a-first-time--Chinese-Marriage-Preservation — Page 1

574

LEGISLATIVE COUNCIL.

No. S. 398.-The following Bill was read a first time at a Meeting of the Council held on the 21st November, 1912 :-

-

A BILL

Short title.

Definition.

married

ENTITLED

An Ordinance to provide punishment for certain persons found guilty of adultery or of harbour- ing Chinese Married Women.

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

1. This Ordinauce may be cited as the Chinese Marriage Preservation Ördinance, 1912.

2. In this Ordinance :-

"Woman being married according to the laws and customs of China" means and includes only the first wife ("Kit Fat") or the second wife (“Tin Fong ") of any Chinese man.

Penalty for 3.-(a.) Any Chinese person who shall have committed adultery adultery with any Chinese woman, such woman being with Chinese married according to the laws or customs of China, shall be guilty of an offence and shall be liable upon summary conviction to a penalty not exceeding $500 and in default of payment thereof to imprisonment with or without hard labour for a period not exceeding six months.

woman.

ried woman.

Penalty for (b.) Any Chinese woman married according to the laws or adultery by customs of China who voluntarily commits adultery with any Chinese mar- Chinese person shall be guilty of an offence and shall be liable upon summary conviction to a penalty not exceed- ing $500 and in default of payment thereof to imprisonment with or without hard labour for a period not exceeding six months.

Husband,

(c.) No proceedings shall be capable of being instituted only, to have under the provisions of this section except at the instance power to

of the husband of the woman who has committed adultery. institute proceedings.

ried woman

without

Penalty for 4. Any person who without reasonable excuse shall harbouring receive or harbour any Chinese woman married according Chinese mar- to the laws or customs of China who has left the protection of her husband shall be guilty of an offence and shall be liable on summary conviction to a penalty not exceeding able excuse. $100 or in default of payment thereof to imprisonment with or without hard labour for a period not exceeding three months.

reason-

Powers as to award of compensa- tion to injured husband.

Procedure on default of payment.

Sale of

pro-

5.-(a.) The Magistrate in addition to the penalty pro- vided under the provisions of this Ordinance may order any person convicted of an offence against the provisions of section 3 sub-section (a) or of section 4 of this Ordinance to pay to the husband of any woman with whom such con- victed person shall have committed adultery or whom such convicted person shall have received or harboured com- pensation which :-

(1.) in the case of an offence under sub-section (a) of section 3 of this Ordinance shall not exceed the sum of $500.

(2.) in the case of an offence under section 4 of this Ordinance shall not exceed the sum of

$200.

(b.) In default of payment of the whole or any part of the said compensation it shall be lawful for the Magistrate to issue a warrant of distress on the goods and chattels of the person convicted and to appoint any fit person or persons to execute the same.

(c.) Any goods or chattels seized under any such war- perty seized. rant of distress may be sold by the person executing the same for the purpose of paying the said compensation and the costs of the execution and sale,

a