575936-1938-Supplementary-Draft-Bill---Protection-of-Women-and-Girls — Page 8

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175

as to age

27. When a person is charged with an offence under Presumption this Ordinance, or under any other enactment, in respect of of girl. a girl who is alleged in the charge or indictment to be under any specified age, and such girl appears to the presiding magistrate or judge to be under that age, such girl shall for the purposes of the enactment under which the charge or indictment is brought be deemed to be under that age unless the contrary is proved.

conviction or

28. No summary conviction under this Ordinance shall No summary be quashed for want of form or be removed by certiorari, warrant to and no warrant of commitment shall be held void by reason

be quashed for want of any defect therein, provided it is therein alleged that the of form. party has been convicted and there is a good and valid 24 & 25 conviction to sustain the same.

Vict.

c. 100, s. 72.

for mis-

Ordinance.

29. Every person who is convicted of any misdemeanor Punishment under this Ordinance shall be liable to imprisonment for any demeanor term not exceeding two years: Provided always that if the under this case is determined by a single magistrate instead of being, in his discretion, sent for trial, he shall not impose a heavier sentence than one year's imprisonment, and that where there appears a necessity for a heavier sentence, the case shall be committed for trial at the Supreme Court.

cf. No. 3

30.-(1) Whenever any person is convicted either Flogging. summarily or before the Supreme Court of any offence against of 1903. the provisions of section 4 or section 7 it shall be lawful for the magistrate or court to direct that, in addition to the punishment hereinbefore prescribed, the offender, if a male, be flogged.

(2) Whenever a person is convicted of any offence against the provisions of sections 3, 5, 6, 8, 9, 10, 11, 17, 18, 19 or 20, if it is proved that the offender has been previously convicted either summarily or before the Supreme Court of an offence against the provisions of the same or any other of the said sections it shall be lawful for the magistrate or court to direct that, in addition to the punishment hereinbefore prescribed, the offender, if a male, be flogged.

of the

for Chinese

31. (1) If any parent or person acting in the place of Powers parent has, within or without the Colony, voluntarily parted Secretary with a girl under the age of 21 years for the purpose of Affairs as adoption into another family, or received money for parting to guardian-

ship, etc. with the custody of any girl under the age of 21

years for any purpose, the legal guardianship of such girl while within the Colony shall be vested in the Secretary for Chinese Affairs.

(2) 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 the legal guardianship of such girl while within the Colony shall be vested in the Secretary for Chinese Affairs.