476112-1938-Ordinance-passed-and-assented-to--Protection-of-Women-and-Girls-No-5-of-1938 — Page 12

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THE HONG KONG GOVERNMENT GAZETTE, MAY 13, 1938.

34. (1) Every person who contravenes any of the Penalty. provisions of section 32 or of any regulation made under section 33 shall upon summary conviction be liable to a fine not exceeding fifty dollars or to imprisonment for any term not exceeding one month.

(2) No prosecution under section 32 or 33 shall be instituted without the consent of the Secretary for Chinese Affairs.

(3) Notwithstanding anything contained in section 20 of the Magistrates Ordinance, 1932, any complaint or informa- Ordinance tion in respect of an offence against section 32 or section 33 may be laid at any time.

35.--(1) In any proceedings under section 32, 33 or 34 the following shall be admissible in evidence upon pro- duction:

(a) any register, or any part of any register, which pur- ports to be kept under section 32 (1);

(b) any extract from any such register purporting to be certified as correct by the Secretary for Chinese Affairs or any Assistant Secretary for Chinese Affairs;

(c) any photograph purporting to be certified by the Secretary for Chinese Affairs or any Assistant Secretary for Chinese Affairs as a photograph furnished to him in pursuance of any of the provisions of this Ordinance or any regulation made thereunder or in connexion with the registration of any girl under this Ordinance.

(2) If any such photograph appears to have a serial number, and if the said serial number occurs in some part of any such register as apparently assigned to some particular girl, it shall until the contrary is proved be assumed that the photograph in question is the photograph of the girl indicated by the said serial number.

No. 41 of 1932.

Admis- register, etc.

sibility of

36.--(1) Whenever the Secretary for Chinese Affairs Powers of

Secretary has reason to believe that any woman or girl has been brought for Chinese into or is about to be taken out of this Colony by force, Affairs to

protect threats, intimidation, false pretences, false representations or women or other fraudulent means, or is in the custody or control or under girls from the direction or influence of another person and is or is likely exploitation to be exposed to any danger of seduction or prostitution, he may inquire into the case and--

(i) may make any order (including if he thinks fit an order for removal to and detention in a place of refuge) regarding the custody and control of the woman or girl which he may think desirable in her interest, and if he thinks fit may require any person in whose charge he shall place her to enter into a bond, with one or more sureties, to treat her well; or

(ii) may 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 woman or girl;

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

immoral

363