CAP. 212]
[s. 43 cont.]
1 of 1988 8.2
(5 of 1938).
Unlawful transfers of possession custody or control of other persons for valuable consideration.
16 of 1938, s. 2. 22 of 1950, s. 3.
Offences against the Person.
parent, guardian, or other person having the lawful care or charge of such child of the possession of such child, or with intent to steal any article upon or about the person of such child, to whomsoever such article may belong; or
(b) with any such intent receives or harbours any such child, knowing the same to have been led, taken, decoyed, enticed away, or detained as in this section before mentioned,
shall be guilty of felony, and shall be liable to imprisonment for seven years, and, if a male under the age of sixteen years, with or without whipping: Provided that no person who has bona fide claimed any right to the possession of such child, or is the mother or has bona fide claimed to be the father of an illegitimate child, shall be liable to be prosecuted by virtue hereof on account of getting possession of such child or taking such child out of the possession of any person having the lawful charge thereof.
(2) For the purposes of this section, the adoptive parent of a child under the age of fourteen years, and the employer of a child under the age of fourteen years, including the employer of a mui tsai under the age of fourteen years, shall be deemed to have had the lawful care or charge of such child, provided as follows:
(a) that nothing in this subsection shall be construed as affecting any rights vested in or conferred on the Secretary for Chinese Affairs by or under the Protection of Women and Girls Ordinance, 1938; and
(b) that nothing in this subsection shall be construed as conferring upon any adoptive parent or employer any right of retaining possession, custody or control of any child as against the child's parent or guardian, or as against the child.
[45
44. (1) Any person who takes any part in any transaction the object or one of the objects of which is to transfer or confer, wholly or partly, temporarily or permanently, the possession, custody or control of any other person for any valuable consideration shall be guilty of a misdemeanor triable summarily and shall be liable to imprisonment for two years.
96
CAP. 212]
[s. 43 cont.]
1 of 1988 8.2
(5 of 1938).
Unlawful transfers of possession
custody or control of other
persons for valuable considera- tion.
16 of 1938, s. 2. 22 of 1950, s. 3.
Offences against the Person.
parent, guardian, or other person having the law- ful care or charge of such child of the possession of such child, or with intent to steal any article upon or about the person of such child, to whom- soever such article may belong; or
(b) with any such intent receives or harbours any such child, knowing the same to have been led, taken, decoyed, enticed away, or detained as in this section before mentioned,
shall be guilty of felony, and shall be liable to imprison- ment for seven years, and,-if-a-male-under the age of sixteen-years, with or without whipping: Provided that no person who has bona fide claimed any right to the possession of such child, or is the mother or has bona fide claimed to be the father of an illegitimate child, shall be liable to be prosecuted by virtue hereof on account of the getting possession of such child or taking such child out of the possession of any person having the lawful charge thereof.
(2) For the purposes of this section, the adoptive parent of a child under the age of fourteen years, and the employer of a child under the age of fourteen years, including the employer of a mui tsai under the age of fourteen years, shall be deemed to have had the lawful care or charge of such child, provided as follows-
(a) that nothing in this subsection shall be construed
as affecting any rights vested in or conferred on the Secretary for Chinese Affairs by or under the Protection of Women and Girls Ordinance, 1938; and
(b) that nothing in this subsection shall be construed as conferring upon any adoptive parent or em- ployer any right of retaining possession, custody or control of any child as against the child's parent or guardian, or as against the child.
[45
.
44. (1) Any person who takes any part in any trans- action the object or one of the objects of which is to transfer or confer, wholly or partly, temporarily or permanently, the possession, custody or control of any other person for any valuable consideration shall be guilty of a misdemeanor triable summarily and shall be liable to imprisonment for two
years.
96
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