THE HONGKONG GOVERNMENT GAZETTE, 19TH DECEMBER, 1896.
Offender incapable of
her property.
or without hard labour; and whosoever shall be convicted. of any offence against this section, shall be incapable of taking any of taking any estate or interest, legal, or equitable, in any real or personal estate of such woman, or in which she shall have any such interest, or which shall come to her as such heiress, coheiress, or next of kin as aforesaid; and, if any such marriage as aforesaid shall have taken place, such property shall, upon such conviction, be settled in such manner as the Supreme Court in this Colony sitting in its Equity Jurisdiction shall, upon any information at the suit of the Attorney General, appoint.
15. Whosoever shall, by force, take away or detain against her will any woman of any age, with intent to marry or carnally know her, or to cause her to be married or carnally known by any other person, shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding fourteen years, with or without hard labour,
18. Whosoever shall unlawfully take or cause to be taken any unmarried girl, being under the age of sixteen years, out of the possession and against the will of her father or mother or of any other person having the lawful care or charge of her, shall be guilty of a misdemeanour, and, being convicted thereof, shall be liable to the punishment hereinafter provided.
17. Any person who-
with intent that any unmarried. girl under the age of eighteen years should be unlawfully and carnally known by any man, whether such carnal knowledge is intended to be with any particular man, or generally- takes or causes to be taken such girl out of the posses- sion and against the will of her mother, or father, or any other person having the lawful care or charge of her,
shall be guilty of a misdemeanour, and being convicted thereof shall be liable to the punishment hereinafter provided.
Provided, that it shall be a sufficient defence to any charge under this section if it shall be made to appear to the Court or Jury that the person so charged had reasonable cause to believe that the girl was of or above the age of eighteen years.
18. When a person is charged with an offence under this Ordinance, or under sections 25 or 51 of Ordinance 4 of 1865, in respect of a girl or child who is alleged in the charge or indictment to be under any specified ago, and such girl or child appears to the Court to be under that ago, such girl or child shall for the purposes of this Ordinance be deemed to be under that age, unless the contrary is proved.
19. If upon the trial of any information for rape, or any offence made felony by subsection 1 of section 6 of this Ordinance, the Jury shall be satisfied that the defendant is guilty of an offence under sections 5, 6, or 10 of this Ordi- nance, or of an indecent assault, but are not satisfied that the defendant is guilty of the felony charged in such in- formation, or of an attempt to commit the same, then and in every such case the Jury may aequit the defendant of such felony, and find him guilty of such offence as aforesaid, or of an indecent assault, and thereupon such defendant shall be liable to be punished in the same manner as if he had been convicted upon an information for such offence as aforesaid, or for the misdemeanour of indecent assault.
20. Any person charged with any offence under this Ordinance or under section 25 or 51 of Ordinance No. 4 of 1866, and the husband or wife of the person so charged shall be competent but not compellable witnesses on every hearing at every stage of such charge.
21. The provisions of section 66 of Ordinance No. 4 of 1865 shall apply to every summary conviction under this Ordinance.
22. Any person convicted of any offence against any of the provisions of section 3, 4, 5, 8, 9, 10, 12, 13, 17, or 18, of this Ordinance shall be liable to be imprisoned for any term not exceeding two years with or without hard labour. Provided always that if the case is determined by a single Magistrate instead of being in his discretion seut for trial he shall not impose a heavier sentence than one year's imprisonment with or without hard labour, and that wh there appears a necessity for a heavier sentence the case shall be determined by two Magistrates or committed for trial at the Supreme Court,
Forcible abduction of any woman with intent to marry her,
(Ord. 4 of 1865 a. 49.) (24 & 25 Vict. G. 100 B. 54.)
Abduction of a girl under sixteen years of age.
(Ord. 9 of 1890 A. 2)
·
(21 &.35 Vict. c. 100 M. 55.)
Abduction of girl under eighteen with intent to have carnal knowledge. (48 & 19 Vict. c. 69 8. 7.)
Presumption
As to age of girl or child.
(57&58 Vict e. 41, s. 17.)
Power, ou indictinent for certain offences, to convict of others.
(48 & 49 Vist. ė. 69, B. 9.)
Person charged and his wife to bo competent witnesses. (48 & 49 Viet. c. 60, s. 20.) (Cf. 11 of 1800, s. 20.)
Application of Ord, 4 of 1865, B. 66. (Ord. I of 1880, s. 32.);
Punishment for offences. (Ord. 11 of 1830, s. 12.)
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