69381-1920-Supplementary-Bills-read-a-first-time--Supplementary-Appropriation-for-1919--Appropriation-for-1921-Plants-Protection-of-Women-and-Girls-Criminal-Intimidation — Page 5

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Objects and Reasons,

The evils connected with the traffic in girls are so great that fuller powers are desirable for dealing with it. The existing section is insufficient because in cases falling under paragraph (b) of sub-section (1) of section- 18 of the Protection of Women and Girls Ordinance it is necessary to prove that the girl left or was taken out of the possession of her father or mother or of some other definite person having the lawful care or charge of her. The impossibility of tracing the relatives, and the stupidity or connivance of the girl, sometimes make this proof unobtainable. In the circumstances, it does not seem unreasonable to put the onus on any one found in charge of a girl of showing that he obtained charge. of her lawfully. The onus is also thrown on the defence of proving that the girl was of full age, or was married, in all cases in which the girl appears to the magistrate to be under 21. In order to prevent prosecution being instituted out of spite or on insufficient grounds the new section requires the consent of the Secretary for Chinese Affairs to all prosecutions under this section.

J. H. KEMP,

Attorney General.

28th July, 1920.

Short title.

Certain acts of intimida- tion prohi- bited. Indian Penal Code, s. 503.

No defence to prove that the threat

was not made directly.

A BILL

INTITULED

An Ordinance to restrain certain acts of inti-

midation.

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Criminal Intimidation Ordinance, 1920.

2. Every person who threatens any other person-

(a) with any injury to the person, reputation, or

property of such other person, or

(b) with any injury to the person, reputation; or property of any third person, or to the repu- tation or estate of any deceased person, or (c) with any illegal act,

with intent in any such case—

(1) to alarm the person so threatened

or any other person, or

(2) to cause the person so threatened or any other person to do any act which he is not legally bound to do, or

(3) to cause the person, so threatened or any other person to omit to do any act which he is legally entitled to do,

shall be guilty of an offence against this Ordinance.

3. It shall be no defence to a charge under section 2 of this Ordinance to prove that the threat was not addressed directly to the person whose person, reputa- tion, or property was to be injured, or to the person (if any) against whom the illegal act was to be committed, or to the person whom it was intended to alarm, or to the person whose conduct was intended to be affected, provided that the threat was made or published in some manner with the intention that it should reach the person whom it was intended to alarm, or (as the case may be) whose conduct was intended to be affected, and that it did reach such person.

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