1950_PUNISHMENT_OF_INCEST_ORDINANCE — Page 2

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CAP. 216]

[s. 3 cont.]

Test of relationship. 8 Edw. 7,

c. 45, s. 3.

Prosecution of offences. 8 Edw. 7,

c. 45, s. 4.

(5 of 1938.)

Sanction of Attorney

General. 8 Edw. 7,

c. 45, s. 6.

Punishment of Incest.

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 con- viction thereof shall be liable to imprisonment for seven years.

.

4. In this Ordinance, "brother" and "sister" respec- tively 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 Ordin- ance and the person with whom the offence is alleged to have been committed is or is not traced through lawful wedlock.

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 1938, but are not satisfied that the defendant is guilty of an offence under this Ordin- ance, 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, of the Protection of Women and Girls Ordinance, 1938, and he shall be liable to be punished accordingly.

6. No prosecution under this Ordinance shall be com- menced without the sanction of the Attorney General.

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