33201-1913-Supplementary-Bills-read-a-first-time--General-Loan-and-Inscribed-Stock — Page 7

Short title.

Amendment

156

A BILL

ENTITLED

An Ordinance to amend the Offences against the

Person, Ordinance, 1865.

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

1. This Ordinance may be cited as the Offences against the Person (Amendment) Ordinance, 1913, and shall be read and construed as one with the Offences against the Person Ordinance, 1865, (hereinafter called the Principal Ordi- nance), and this Ordinance and the said Ordinance may be cited together as the Offences against the Person Ordi- nances, 1865 and 1913.

2. The Principal Ordinance is hereby amended by the of Ordinance addition thereto after section 26 thereof of the following No. 2 of 1865 section :-

by addition

of new

section 26a.

Ill-treatment "26a.-(1.) or neglect by those in charge of child or

young person.

cf. 8 Edw. VII c. 67 s. 12.

Offence committed even if full effect obvi- ated by inter. position of third party. Offence committed even if death of individual offended

against occurs.

If any person over the age of sixteen years who has the custody, charge or care of any child or young person under that age wilfully assaults, ill-treats, neglects, abandons or exposes such child or young person or causes or pro- cures such child or young person to be assaulted, ill-treated, neglected, abandoned or exposed in a mauner likely to cause such child or young person unnecessary suffering or injury to his health (including injury to or loss of sight, or hearing, or limb, or organ of the body, or any mental derangement) such person shall be guilty of a misdemeanour and shall be liable :---

(a.) on conviction on indictment to a fine not exceeding one thousand dollars or alternatively or in default of payment of such fine or in addition thereto to imprisonment with or without hard labour for any term not exceeding two years; or (b.) on summary conviction to a fine not exceeding two hundred and fifty dollars or alternatively or in default of pay- ment of such fine or in addition thereto to imprisonment with or without hard labour for any term not exceeding six months;

and for the purposes of this section a parent or other person over the age of sixteen having the custody, charge or care of a child or young person under that age shall be deemed to have neglected him in a manner likely to cause injury » to his health if he fails to provide adequate food, clothing or lodging for the child or young person, or if, being unable otherwise to provide such food, clothing or lodging, he knowingly and wilfully fails to take steps to procure the same to be provided by some authority, society or institution which undertakes to make such provision for necessitous children or young persons.

(2.) A person may be convicted of an offence under this section, either on indictment or by a Court of summary jurisdiction, notwithstanding that actual suffering or injury to health or the like- lihood of such suffering or injury to health was obviated by the action of another persou.

(3.) A person may be convicted of an offence under this section, either on indictment or by a Court of summary jurisdiction, notwithstanding the death of the child or young person in respect of whom the offence is committed,"

{

. {