576935-1938-Supplementary-Draft-Bills---Female-Domestic-Service-Amendment--Offences-Against-the-Person-Amendment--New-Territories-Regulation-Amendment--Waterworks — Page 4

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Objects and Reasons,

1. The Mui Tsai Commission at pages 34, 35, 56, 116 (5) and 117 (6) of their Report recommended the revision of section 45A of Ordinance No. 2 of 1865 so as to remove the limitation which restricts its operation to minors, to alter the method of expressing the exclusion of marriage and adoption from the scope of the section, and to remove from offences of this nature the six months time limit for prosecu- tions imposed by section 20 of the Magistrates Ordinance, 1932 for the trial of offences which are not indictable.

2. This Bill repeals section 45A with these recommenda- tions in view.

3. The offences are made misdemeanors and the maximum term of imprisonment is raised to two years. The alternative of a fine or recognizances is already provided in section 61 of the Offences Against the Person Ordinance, 1865. The offence though made indictable may still be dealt with sum- marily under section 84 of Ordinance No. 41 of 1932.

4. The restriction of the operation of the section to minors is removed, and the method of expressing the exclusion of adoption or marriage etc. has been altered.

5. Sub-sections (1) and (2) are made to apply to temporary as well as permanent transfers so as to cover more clearly transactions which partake of the nature of a pledge.

6. Sub-sections (3), (4), (5) and (6) as enacted in 1929 are omitted as in view of the redraft they do not appear

necessary.

7. The consent of the Secretary for Chinese Affairs to prosecutions is substituted for the consent of the Attorney General. Compare Ordinance No. 1 of 1923, S. 19.

:

August, 1938.

J. A. FRASER,

Attorney General.