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Secondly, by au amendment of section 17 of the existing Ordinance, the fact that a male person, who is proved to live or to be habitually in the company of a prostitute, has no visible means of subsistence is no longer to be taken into account but he is deemed to be guilty of the offence of living on the proceeds of prostitution if he is proved to have exercised control, direction or influence over the movements of a prostitute in such a manner as to shew that he is aiding, abetting or compelling her prostitu- tion with any other person or generally.
By a further amendment of the same section (17) it is made possible to proceed against a female who for the purposes of gain is proved to be exercising similar control over the movements of a prostitute.
The reason for these two last amendments is that Article 2 of the Convention contemplates the punishment of male or female persons who, by some more subtle means than direct fraud or violence, control and profit from the prosti- tution of others; the text of these amendments is taken from section 7 sub-section (1) and sub-section (4) respect- ively of the Criminal Law Amendment Act, 1912.
Lastly, by an amendment of section 31 of the same Ordinance, power is given to the Magistrate or the Court to inflict the penalty of flogging on a male person living on the proceeds of prostitution in respect of a second offence of this or similar character.
Although the power of flogging in the case of a second offence exists in respect of certain offences against the local Protection of Women and Girls Ordinance, such power does not exist at present in the case of the offence of living on the proceeds of prostitution against which section 17 of the Ordinance is directed.
The above amendment places this offence in the category of those for which the penalty of flogging may be inflicted in respect of a second offence of this character; and is taken from section 7 sub-section (5) of the Criminal Law Amendment Act, 1912.
The provisions of this Bill are supplemented by the provisions of two other Bills, namely, the Magistrates Amendment Bill, 1914, and the Flogging Amendment Bill, 1914, (laid before the Council simultaneously with this Bill) which also amplify punishments in certain cases con- nected with the White Slave Traffic.
JOHN A. BUCKNILL,
Attorney General.
A BILL
ENTITLED
An Ordinance to amend the Magistrates Ordi-
nance, 1890.
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 Magistrates Short title. Amendment Ordinance, 1914, and shall be read and constru- ed as one with the Magistrates Ordinance, 1890, (hereinafter called the Principal Ordinance), and the Ordinances ameud- ing the same and this Ordinance and the said Ordinances may be cited together as the Magistrates Ordinances, 1890-1914.
of section
2. Section 85 of the Principal Ordinance as re-enacted Amendment by section 2 of the Magistrates Amendment Ordinance, 85 of 1913, is hereby amended by the deletion of paragraph (e) Principal thereof and by the substitution therefor of the following Ordinance. new paragraph (e) :—
"(e.) Inder the provisions of either section 4 or No. 4 of 1897.
section 7 of the Protection of Women and Girls Ordinance, 1897.”
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