658285-1889-Bill-Protection-of-Women-and-Girls — Page 5

330

THE HONGKONG GOVERNMENT GAZETTE, 20TH APRIL, 1889.

Order for safe custody gene→ rally.

Registrar

General may apply for Habeas Corpus, [Irid. Sec. 6.]

Place of safety how providel.

the provisions of Section 22) make an order for the proper custody of such woman or girl in a place of safety to be provided under this Ordinance hercinafter referred as the Asylum or if in his discretion he shall think fit he may require the custodian to furnish sufficient security with or without sureties that such purpose or intention shall not be carried out, and that such woman or girl be pro- duced before him when required and may in addition thereto require the custodian to furnish him with a photo- graph of such woman or girl. Provided always that if at the commencement of such inquiry the custodian decline to have the case investigated as aforesaid the Registrar General shall send the case to be investigated by a Magistrate or Magistrates who shall adjudicate thereon and if satisfied that any offence has been committed within the meaning of this Ordinance shall have the same power of punishment and other the powers contained in section 12 hereof.

22. (a.) If the custodian is committed for trial under

Section 20 or

(b.) If the custodian fail to give any such security

as is provided by Section 21 or

(c.) If the Registrar General under the same Sec- tion send the case to be investigated by a Magistrate or Magistrates.

It shall be lawful for the Registrar General to make an order for the custody of such woman or girl in the Asylum: Provided always that,-

(i.)

Every order made for the custody of any

woman or girl under this part of the Ordi- nance if such person is under the age of sixteen years, shall provide for her deten- tion until she attain that age, or if such girl be within 3 months of such age for any period beyond not exceeding 3 months or if such person be over the age of sixteen years shall provide for her detention for three months only from the date thereof— (i.) From and after such age and time respectively, no woman or girl shall be detained in such place of safety against her will-

(iii.) Every such order if purporting to be signed by the Registrar General shall be sufficient autho-` rity for the detention of any woman or girl Provided further that if after hearing the case any Court or Magistrate is satisfied that such woman or girl has not been brought into the Colony by fraud misrepresen- tation or false pretence for immoral purposes or for pur- poses of emigration or that any woman has not been pur- chased and is not being trained as a prostitute or that the custodian of any girl between the age of six and sixteen is not training such girl as a prostitute or does not intend to dispose of such girl as a prostitute, and that there is no further cause for her detention in a place of safety

the Court or Magistrate may make an order for her release.

23. Whenever the Registrar General shall have reason to believe that any girl between the ages of six and sixteen years is in the custody, power, or possession of any person who has no legal right to such custody, and that it is prejudicial to the interests and liberty of such girl that she should continue in the custody of such person, it shall. be lawful for the Registrar General to make application to a Judge in chambers for a writ of Habeas Corpus.

On the return of the said writ the said Judge shall make such order respecting the custody, education, and bringing up of the said girl, and on such conditions as he shall deem best in the interest of the said girl.

In dealing with such cases no parent who has voluntarily parted with such girl for the purpose of adoption into another family, or who has received money for the parting with the custody of the girl for any other purpose shall be deemed to be entitled as of right to the custody of such girl as its natural guardian.

24. It shall be lawful for the Governor in Council out of moneys to be provided by the Legislative Council for that purpose to provide a suitable building or buildings for the purposes of temporarily housing and maintaining women and girls detained under the provisions of this part of the Ordi- nance and as the Asylum for them during such detention.