46057-1916-Ordinances-passed-and-assented-to--Punishment-of-Incest-No-3-of-1916-Trading-with-the-enemy-Extension-of-Powers--No-4-of-1916-Marriage-of-British-Subjects-Facilities--No-5-of-1916 — Page 2

THE HONGKONG GOVERNMENT GAZETTE, APRIL 28, 1916.

HONGKONG.

No. 3 OF 1916.

LS

I assent to this Ordinance.

F. H. MAY,

Governor.

28th April, 1916.

An Ordinance to provide for the punishment

of Incest.

[28th April, 1916.]

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 Punishment of Short title. Incest Ordinauce, 1916.

2-(1.) Any male person who has earnal knowledge Incest by of a female person, who is to his knowledge his grand- males. daughter, daughter, sister, or mother, shall be guilty of a 8 Edw. 7, misdemeanour, and upon conviction thereof shall be liable c. 45, s. 1. to imprisonment for any term not exceeding seven years: Provided that if, on an indictment for any such offence, it is alleged in the indictment and proved that the female

person is under the age of twelve years, the same punish- ment may be imposed as may be imposed under section six

of the Protection of Women and Girls Ordinance, 1897, Ordinance which deals with the defilement of girls under twelve No. 4 of years of age.

(2.) It is immaterial that the carual knowledge was had with the consent of the female person.

(3.) If any male person attempts to commit any such offence us aforesaid, he shall be guilty of a misdemeanour, and upon conviction thereof shall be liable to imprisonment for any term not exceeding two years.

(4.) On the conviction before any court of any male person of an offence under this section, or of an attempt to commit the same, against any female under twenty-one years of age, it shall be in the power of the court to divest the offender of all authority over such female, and, if the offender is the guardian of such female, to remove the offender from such guardianship, and in any such case to appoint any person or persons to be the guardian or guar- dians of such female during her minority or any less period:

Provided that the Supreme Court may at any time vary or rescind the order by the appointment of any other per- son as such guardian, or in any other respect.

1897.

sixteen.

3. Any female person of or above the age of sixteen Incest by years who with consent permits her grandfather, father, females of brother, or sou to have carnal knowledge of her (knowing or over him to be her grandfather, father, brother, or son, as the case may be) shall be guilty of a misdemeanour, and upon

8 Edw. 7, conviction thereof shall be liable to imprisonment for any c. 45, s. 2. term not exceeding seven years.

4. In this Ordinance the expressions "brother" and Test of "sister" respectively, include half-brother and half-sister, relationship. and the provisions of this Ordinance shall apply whether 8 Edw. 7, the relationship between the person charged with an offence c. 45, s. 3. under this Ordinance and the person with whom the offence is alleged to have been committed, is or is not traced through lawful wedlock.

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