1950_PUNISHMENT_OF_INCEST_ORDINANCE — Page 1

HK Historical Laws 香港歷史法例 All AI Reviewed

Punishment of Incest.

[CAP. 216

CHAPTER 216.

PUNISHMENT OF INCEST.

To provide for the punishment of incest.

[28th April, 1916.]

Originally

3 of 1916. Fraser

3 of 1916.

5 of 1938.

22 of 1950.

1. This Ordinance may be cited as the Punishment of Incest Ordinance.

Short title.

males.

c. 45, s. 1.

2. (1) Any male person who has carnal knowledge of a female person, who is to his knowledge his granddaughter, daughter, sister or mother, shall be guilty of a misdemeanor, and upon conviction thereof shall be liable to imprisonment for seven years: Provided that if, on an indictment for any such offence, it is alleged in the indictment and proved that the female person is under the age of thirteen years, the same punishment may be imposed as may be imposed under section 6 of the Protection of Women and Girls Ordinance, (5 of 1938.)

(2) It is immaterial that the carnal knowledge was had with the consent of the female person.

(3) Any male person who attempts to commit any such offence as aforesaid shall be guilty of a misdemeanor triable summarily and upon conviction thereof shall be liable to imprisonment for two years.

(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.

Any female person of or above the age of sixteen years who with consent permits her grandfather, father,

Incest by females of or over sixteen.

8 Edw. 7, c. 45, s. 2.

115

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Punishment of Incest. [CAP. 216 CHAPTER 216. PUNISHMENT OF INCEST. To provide for the punishment of incest. [28th April, 1916.] Originally 3 of 1916. Fraser 3 of 1916. 5 of 1938. 22 of 1950. 1. This Ordinance may be cited as the Punishment of Incest Ordinance. Short title. males. c. 45, s. 1. 2. (1) Any male person who has carnal knowledge of a female person, who is to his knowledge his granddaughter, daughter, sister or mother, shall be guilty of a misdemeanor, and upon conviction thereof shall be liable to imprisonment for seven years: Provided that if, on an indictment for any such offence, it is alleged in the indictment and proved that the female person is under the age of thirteen years, the same punishment may be imposed as may be imposed under section 6 of the Protection of Women and Girls Ordinance, (5 of 1938.) (2) It is immaterial that the carnal knowledge was had with the consent of the female person. (3) Any male person who attempts to commit any such offence as aforesaid shall be guilty of a misdemeanor triable summarily and upon conviction thereof shall be liable to imprisonment for two years. (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. Any female person of or above the age of sixteen years who with consent permits her grandfather, father, Incest by females of or over sixteen. 8 Edw. 7, c. 45, s. 2. 115
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f. Punishment of Incest. [CAP. 216 CHAPTER 216. PUNISHMENT OF INCEST. To provide for the punishment of incest. [28th April, 1916.] Originally 3 of 1916. Fraser 3 of 1916. 5 of 1938. 22 of 1950. 1. This Ordinance may be cited as the Punishment of Short title. Incest Ordinance. males. c. 45, s. 1. 2. (1) Any male person who has carnal knowledge of Incest by a female person, who is to his knowledge his granddaughter, 8 Edw. 7. daughter, sister or mother, shall be guilty of a misdemeanor, and upon conviction thereof shall be liable to imprisonment for seven years: Provided that if, on an indictment for any such offence, it is alleged in the indictment and proved that the female person is under the age of thirteen years, the same punishment may be imposed as may be imposed under section 6 of the Protection of Women and Girls Ordinance, (5 of 1938.) 1938. (2) It is immaterial that the carnal knowledge was had with the consent of the female person. (3) Any male person who attempts to commit any such. offence as aforesaid shall be guilty of a misdemeanor triable 22 of 1950. s. 3. summarily and upon conviction thereof shall be liable to im- prisonment for two years. (4) On the conviction before any court of any male per- son 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 per- son 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 guar- dian, or in any other respect. 3. Any female person of or above the age of sixteen years who with consent permits her grandfather, father, Incest by over sixteen. females of or 8 Edw. 7, c. 45, s. 2. 115
2026-05-04 00:03:20 · Baseline
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f.

Punishment of Incest.

[CAP. 216

CHAPTER 216.

PUNISHMENT OF INCEST.

To provide for the punishment of incest.

[28th April, 1916.]

Originally

3 of 1916. Fraser

3 of 1916.

5 of 1938.

22 of 1950.

1. This Ordinance may be cited as the Punishment of Short title. Incest Ordinance.

males.

c. 45, s. 1.

2. (1) Any male person who has carnal knowledge of Incest by a female person, who is to his knowledge his granddaughter, 8 Edw. 7. daughter, sister or mother, shall be guilty of a misdemeanor, and upon conviction thereof shall be liable to imprisonment for seven years: Provided that if, on an indictment for any such offence, it is alleged in the indictment and proved that the female person is under the age of thirteen years, the same punishment may be imposed as may be imposed under section 6 of the Protection of Women and Girls Ordinance, (5 of 1938.) 1938.

(2) It is immaterial that the carnal knowledge was had with the consent of the female person.

(3) Any male person who attempts to commit any such. offence as aforesaid shall be guilty of a misdemeanor triable 22 of 1950. s. 3. summarily and upon conviction thereof shall be liable to im- prisonment for two years.

(4) On the conviction before any court of any male per- son 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 per- son 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 guar- dian, or in any other respect.

3.

Any female person of or above the age of sixteen years who with consent permits her grandfather, father,

Incest by over sixteen.

females of or

8 Edw. 7, c. 45, s. 2.

115

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