541068-1905-Bills-read-a-first-time--Appropriation-Merchant-Shipping-Amendment-Protection-of-Women-and-Girls-Amendment-Summary-Offences-Amendment-Summary-Jurisdiction-Married-Women- — Page 6

1354

THE HONGKONG GOVERNMENT GAZETTE, 8TH SEPTEMBER, 1905.

Short

title and

A BILL

ENTITLED

An Ordinance further to amend the Protection

of Women and Girls Ordinance, 1897.

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 Protection of Women and Girls Amendment Ordinance, 1905, and shall construction. be read and construed as one with the Protection of Women and Girls Ordinance, 1897, hereinafter called the Principal Ordinance.

Amendment

2. Sub-section (1) (a) of section 4 of the Principal Ordi- of sub-section nance is hereby amended by striking ont the word (1) (a) of

"sixteen in the second line thereof and by inserting the word "eighteen" in its stead.

section 4 of the Principal Ordinance.

Amendment of section 26 of the Principal Ordinance.

Evidence of child of

unsworn or

unaffirmed may be

admitted on

certain conditions, and subject

tion.

3. Section 26 of the Principal Ordinance is hereby amended by striking out the word "sixteen" in the second line thereof and by inserting the word "eighteen" in its stead.

4. Where upon the hearing of a charge under section 6 of the Principal Ordinance the girl in respect of whom the tender years offence is charged to have been committed (or any other child under the age of 7 years) who is tendered as a witness does not in the opinion of the Court or Magistrate under- stand the nature of an oath or affirmation the evidence of such girl (or other child under the age of 7 years) may be received though not given on oath or on affirmation if in to corrobora- the opinion of the Court or Magistrate, as the case may be, such girl or other child is possessed of sufficient intelligence to justify the reception of the evidence and understands the duty of speaking the truth: Provided that no persou shall be liable to be convicted of the offence charged under the said section unless the evidence admitted by virtue of this section on behalf of the prosecution be corroborated by some other material evidence in support thereof implicating the accused : Provided also that any witness whose evidence has been admitted under this section shall be liable to punishment for perjury in all respects as if such witness had been sworn or affirmed.

Objects and Reasons.

The purpose of this Ordinance is to afford further and better protection to girls by amending the law with regard to procuration and abduction and to provide for the reception in certain cases of the evidence of children of tender years though not given on oath or affirmation. With that object it is proposed to amend section 4 (1) (a) and section 26 of the Protection of Women and Girls Ordinance, 1897, by raising the age in each case from 16 years to 18 years and to adopt the provisious of the Criminal Law Amendment Act, section 1, with regard to the evidence of children of tender years.

HENRY S. BERKELEY, Attorney General,