THE HONGKONG GOVERNMENT GAZETTE, 8TH MAY, 1897.
other person, shall be guilty of felony, and, being convicted thereof, shall be liable to be imprisoned for any term not exceeding fourteen years, with or without hard labour,
(2.) Every person, who is convicted of any offence Offen ler against sub-section (1) of this section, shall be incapable of incapable of
taking any of taking any estate or interest, legal or equitable, in any real her property. or personal estate of such woman, or in which she has any such interest, or which comes to her as such heiress, coheiress, or next of kin as aforesaid; and, if any such marriage as aforesaid has taken place, such property shall, upon such conviction, be settled in such manner as the Supreme Court shall, upon any information at the suit of the Attorney General, appoint.
with intent to marry her.
17. Every person who by force takes away or detains Forcible against her will any woman of any ago, with intent to abduction of marry or carnally know her, or to cause her to be married any woman or carnally known by any other person, shall be guilty of felony, and, being convicted thereof, shall be liable to be (Ord. 4 of imprisoned for any term not exceeding fourteen years, with 1865 s. 48.) or without hard labour.
(24 & 25 Vict. e. 100 s. 54.) 18. Every person who anlawfully takes or causes to be Abduction of taken any unmarried girl, being under the age of sixteen a girl under years, ont of the possession and against the will of her sixteen years father or mother or of any other person having the lawful care or charge of her, shall be guilty of a misdenicanour.
of age.
(Ordd, 3 of
1890, s. 3.) (24 & 25 Vict. c. 100, s. 55.)
(57 & 38 Vict.
19. When a person is charged with an offence under this Presumption Ordinance, or under sections 25 or 51 of Ordinance 4 of 1865, as to the age of in respect of a girl or child who is alleged in the charge or girl or child. information to he under any specified age, and such girl or c. 41, s. 17.) child appears to the presiding Judge or Magistrate to be under that age, such girl or child shall, for the purposes of the enactment under which the charge is brought, be decmed to be under that age, unless the contrary is proved.
20. Every person charged with any offence under this Person Ordinance and the husband or wife of the person so charged charged and shall be competent but not compellable witnesses on every wife to be hoaring at every stage of such charge.
husband or
competent
witnesses. (48 & 49 Vict. c. 69, s. 20.) (Cf. 11 of
1890, s. 29.)
for want of
21. No summary conviction under this Ordinance shall No certiorari be quashed for want of form, or be removed by certiorari, or quashing and no warrant of commitment shall be held void by reason form. of any defect therein provided it be therein alleged that (See Ord, 11 the party has been convicted and there be a good and valid of 1890, s. 32. conviction to sustain the same.
and Ord. 4 of 1865, s. 66,)
22. Every person who is convicted of any misdemeanour Punishment under this Ordinance shall be liable to be imprisoned for any for offences, term not exceeding two years, with or without hard labour; (Ord. 11 of
1890. s. 12.) Provided always that if the 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 with or without hard labour, and that where there appears a necessity for a heavier sentence, the ease shall be committed for trial at the Supreme Court.
23. (1.) Whenever any person is convicted either sum- Punishment marily or before the Supreme Court of any offence against any
of whipping of the provisions of sections 3 to 14, both inclusive, of this on second and
subsequent Ordinance, if it is proved that the offender has been convictions. previously convicted, either summarily or before the Su-(Ord, 11 of preme Court, of an offence under the same or any other of 1890, s. 13.) the said sections of this Ordinance, or under the correspond- ing provisions of any Ordinance hereby repealed, it shall be lawful for the Magistrate or Court, in its discretion, to direct that, in addition to the punishment hereinbefore prescribed, the offender, if a male, be once privately whipped, subject to the provisions of the law regulating whipping in force at the time of such direction.
(2.) The provisions of section 94 of Ordinance No. 7 of Procedure for 1865, relating to the form of information for a subsequent subsequent offence and proceedings thereon, shall apply to offences punishable under this Ordinance.
offence.
24. No parent or person acting in the place of a parent Custody of who has voluntarily parted with a girl for the purpose of adopted girls, adoption into another family, or who has received money 1891, sec. 4.)
&c. (Ord, 14 of for the parting with the custody of such girl for any other purpose, shall be deemed to be entitled as of right to the custody of such girl as her parent or as the person acting in the place of her parent.
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