1937_PUNISHMENT_OF_INCEST_ORDINANCE__1916 — Page 2

HK Historical Laws 香港歷史法例 All AI Reviewed
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1422

No. 3 of 1916.

PUNISHMENT OF INCEST.

Incest by males over sixteen.

8 Edw. 7, S. 2.

(4) On the conviction before any court of any male person of an offence under this section, or of an attempt to commit the same, against any female under twenty-one years of age, it shall be in the power of the court to divest the offender of all authority over such female, and if the offender is the guardian of such female, to remove the offender from such guardianship, and in any such case to appoint any person or persons to be the guardian or guardians of such female during her minority or any less period:

Provided that the Supreme Court may at any time vary or rescind the order by the appointment of any other person as such guardian, or in any other respect.

3. Every female person of or above the age of sixteen years who with consent permits her grandfather, father, brother or son to have carnal knowledge of her (knowing him to be her grandfather, father, brother or son, as the case may be) shall be guilty of a misdemeanor and upon conviction thereof shall be liable to imprisonment for any term not exceeding seven years.

c. 45,

Test of relationship.

8 Edw. 7, c. 45, s. 3.

4. In this Ordinance, "brother" and "sister" respectively include half-brother and half-sister, and the provisions of this Ordinance shall apply whether the relationship between the person charged with an offence under this Ordinance and the person with whom the offence is alleged to have been committed is or is not traced through lawful wedlock.

Prosecution of offences.

8 Edw. 7, c. 45, s. 4.

Ordinance No. 4 of 1897.

5.-(1) If on the trial of any indictment for rape the jury are satisfied that the defendant is guilty of an offence under this Ordinance but are not satisfied that the defendant is guilty of rape, the jury may acquit the defendant of rape and find him guilty of an offence under this Ordinance, and he shall be liable to be punished accordingly.

(2) If on the trial of any indictment for an offence under this Ordinance the jury are satisfied that the defendant is guilty of any offence under section 5, 6 or 10 of the Protection of Women and Girls Ordinance, 1897, but are not satisfied that the defendant is guilty of an offence under this Ordinance, the jury may acquit the defendant of an offence under this Ordinance and find him guilty of an offence under section 5, 6 or 10, as the case may be.

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1422 No. 3 of 1916. PUNISHMENT OF INCEST. Incest by males over sixteen. 8 Edw. 7, S. 2. (4) On the conviction before any court of any male person of an offence under this section, or of an attempt to commit the same, against any female under twenty-one years of age, it shall be in the power of the court to divest the offender of all authority over such female, and if the offender is the guardian of such female, to remove the offender from such guardianship, and in any such case to appoint any person or persons to be the guardian or guardians of such female during her minority or any less period: Provided that the Supreme Court may at any time vary or rescind the order by the appointment of any other person as such guardian, or in any other respect. 3. Every female person of or above the age of sixteen years who with consent permits her grandfather, father, brother or son to have carnal knowledge of her (knowing him to be her grandfather, father, brother or son, as the case may be) shall be guilty of a misdemeanor and upon conviction thereof shall be liable to imprisonment for any term not exceeding seven years. c. 45, Test of relationship. 8 Edw. 7, c. 45, s. 3. 4. In this Ordinance, "brother" and "sister" respectively include half-brother and half-sister, and the provisions of this Ordinance shall apply whether the relationship between the person charged with an offence under this Ordinance and the person with whom the offence is alleged to have been committed is or is not traced through lawful wedlock. Prosecution of offences. 8 Edw. 7, c. 45, s. 4. Ordinance No. 4 of 1897. 5.-(1) If on the trial of any indictment for rape the jury are satisfied that the defendant is guilty of an offence under this Ordinance but are not satisfied that the defendant is guilty of rape, the jury may acquit the defendant of rape and find him guilty of an offence under this Ordinance, and he shall be liable to be punished accordingly. (2) If on the trial of any indictment for an offence under this Ordinance the jury are satisfied that the defendant is guilty of any offence under section 5, 6 or 10 of the Protection of Women and Girls Ordinance, 1897, but are not satisfied that the defendant is guilty of an offence under this Ordinance, the jury may acquit the defendant of an offence under this Ordinance and find him guilty of an offence under section 5, 6 or 10, as the case may be.
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1422 No. 3 of 1916. PUNISHMENT OF INCEST. Incest by over sixteen. 8 Edw. 7, S. 2. (4) On the conviction before any court of any male person of an offence under this section, or of an attempt to commit the same, against any female under twenty-one years of age, it shall be in the power of the court to divest the offender of all authority over such female, and if the offender is the guardian of such female, to remove the offender from such guardianship, and in any such case to appoint any person or persons to be the guardian or guardians of such female during her minority or any less period: Provided that the Supreme Court may at any time vary or rescind the order by the appointment of any other person as such guardian, or in any other respect. 3. Every female person of or above the age of sixteen years females of or who with consent permits her grandfather, father, brother or son to have carnal knowledge of her (knowing him to be her grandfather, father, brother or son, as the case may be) shall be guilty of a misdemeanor and upon conviction thereof shall be liable to imprisonment for any term not exceeding seven years. c. 45, Test of 8 Edw. 7, c. 45, s. 3. 4. In this Ordinance, "brother" and "sister" respectively relationship. include half-brother and half-sister, and the provisions of this Ordinance shall apply whether the relationship between the person charged with an offence under this Ordinance and the person with whom the offence is alleged to have been committed is or is not traced through lawful wedlock. Prosecution of offences. 8 Edw. 7, c. 45, s. 4. Ordinance No. 4 of 1897. 5.-(1) If on the trial of any indictment for rape the jury are satisfied that the defendant is guilty of an offence under this Ordinance but are not satisfied that the defendant is guilty of rape, the jury may acquit the defendant of rape and find him guilty of an offence under this Ordinance, and he shall be liable to be punished accordingly. (2) If on the trial of any indictment for an offence under this Ordinance the jury are satisfied that the defendant is guilty of any offence under section 5, 6 or 10 of the Protection of Women and Girls Ordinance, 1897, but are not satisfied that the defendant is guilty of an offence under this Ordinance, the jury may acquit the defendant of an offence under this Ordinance and find him guilty of an offence under section 5, 6 or 10, as the
2026-05-03 15:53:09 · Baseline
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1422

No. 3 of 1916.

PUNISHMENT OF INCEST.

Incest by

over sixteen.

8 Edw. 7, S. 2.

(4) On the conviction before any court of any male person of an offence under this section, or of an attempt to commit the same, against any female under twenty-one years of age, it shall be in the power of the court to divest the offender of all authority over such female, and if the offender is the guardian of such female, to remove the offender from such guardianship, and in any such case to appoint any person or persons to be the guardian or guardians of such female during her minority or any less period:

Provided that the Supreme Court may at any time vary or rescind the order by the appointment of any other person as such guardian, or in any other respect.

3. Every female person of or above the age of sixteen years females of or who with consent permits her grandfather, father, brother or son to have carnal knowledge of her (knowing him to be her grandfather, father, brother or son, as the case may be) shall be guilty of a misdemeanor and upon conviction thereof shall be liable to imprisonment for any term not exceeding seven years.

c. 45,

Test of

8 Edw. 7, c. 45, s. 3.

4. In this Ordinance, "brother" and "sister" respectively relationship. include half-brother and half-sister, and the provisions of this Ordinance shall apply whether the relationship between the person charged with an offence under this Ordinance and the person with whom the offence is alleged to have been committed is or is not traced through lawful wedlock.

Prosecution of offences. 8 Edw. 7, c. 45, s. 4.

Ordinance

No. 4 of 1897.

5.-(1) If on the trial of any indictment for rape the jury are satisfied that the defendant is guilty of an offence under this Ordinance but are not satisfied that the defendant is guilty of rape, the jury may acquit the defendant of rape and find him guilty of an offence under this Ordinance, and he shall be liable to be punished accordingly.

(2) If on the trial of any indictment for an offence under this Ordinance the jury are satisfied that the defendant is guilty of any offence under section 5, 6 or 10 of the Protection of Women and Girls Ordinance, 1897, but are not satisfied that the defendant is guilty of an offence under this Ordinance, the jury may acquit the defendant of an offence under this Ordinance and find him guilty of an offence under section 5, 6 or 10, as the

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