476112-1938-Ordinance-passed-and-assented-to--Protection-of-Women-and-Girls-No-5-of-1938 — Page 10

THE HONG KONG GOVERNMENT GAZETTE, MAY 13, 1938.

part with the custody of the girl to some other person either permanently or for any consideration except marriage, the Secretary for Chinese Affairs, in his absolute discretion, may in writing declare that the girl shall be his ward, and upon the making of such declaration the legal guardianship of the girl while in this Colony shall vest in the Secretary for Chinese Affairs.

(3) If in any case it appears to the Secretary for Chinese Affairs that any girl under the age of 21 years has been treated as a drudge or treated with cruelty or unkindness or has otherwise not been properly treated by the person in whose custody she is or appears to be or that the girl is unwilling to remain in such custody it shall be lawful for the Secretary for Chinese Affairs to call upon such person to produce proof to his satisfaction that such person is her legal guardian and has treated and is treating her properly. Failing the production of such proof and subject to the provisions of sub-section (5) the Secretary for Chinese Affairs may in his absolute discretion declare that the girl shall be his ward, and upon the making of such declaration the legal guardianship of the girl while in this Colony shall vest in the Secretary for Chinese Affairs.

(4) The Secretary for Chinese Affairs may revoke any such declaration as is mentioned in sub-section (2) or (3) by a subsequent declaration, and upon the making of any such subsequent declaration the legal guardianship of the girl to whom the declaration relates shall vest or re-vest in the person in whom, but for the provisions of this section, it would other- wise by law be vested: Provided that, notwithstanding anything in this sub-section, the powers conferred by sub- sections (2) and (3) may be exercised from time to time as occasion requires.

(5) As soon as practicable after making any declaration under this section in respect of any girl the Secretary for Chinese Affairs shall inform the person in whose custody the girl appears to be of the making of the declaration and any person aggrieved by the making of any declaration by the Secretary for Chinese Affairs under this section may apply in a summary manner to a judge in chambers within three months after the making of the declaration or within such extended time as the judge in any case may allow and on such application the judge may give such directions in the matter as he thinks proper.

any

(6) Where the legal guardianship of any girl is vested in the Secretary for Chinese Affairs he may make order (including if he thinks fit an order for her removal to and detention in a place of refuge) regarding the custody and control of the girl which he may think desirable in her interest and if he thinks fit may require any person in whose charge he shall place the girl to enter into a bond, with one or more sureties, to treat the girl well.

(7) Where the legal guardianship of any girl is vested in the Secretary for Chinese Affairs he may at any time require any person in whose custody she is or appears to be to do all or any of the following things-

(a) to produce such girl;

(b) to furnish photographs of such girl and of himself;

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