1964_OFFENCES_AGAINST_THE_PERSON_ORDINANCE — Page 16

1981 Ed.]

Offences against the Person

{CAP. 212

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shall be guilty of felony, and shall be liable to imprisonment for 7 years: (Amended, 30 of 1911, ss. 2, 4 and 5, and 39 of 1954. Second Schedule)

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. (Amended, 13 of 1929, s. 2)

(2) For the purposes of this section, the adoptive parent of a child under the age of 14 years, and the employer of a child under the age of 14 years, shall be deemed to have had the lawful care or charge of such child:

Provided that--

(a) nothing in this subsection shall be construed as affecting any rights vested in or conferred on the Director of Social Wel- fare by or under the Protection of Women and Juveniles Ordinance; and { Amended, 1 of 1958, Schedule )

(b) nothing in this subsection shall be construed as conferring upon any adoptive parent or employer any right of retain- ing possession, custody or control of any child as against the child's parent or guardian. or as against the child. (Added. 13 of 1929, s. 2)

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 2 years. (Amended, 22 of 1950, s. 3)

(2) Any person who without lawful authority or excuse har- bours or has in his possession, custody or control any person with respect to whom the temporary or permanent possession, custody or control has been transferred or conferred for valuable consideration by any other person within or without the Colony shall be guilty of a misdemeanor triable summarily, and shall be liable to imprisonment for 2 years. (Amended, 22 of 1950, s. 3)

(3) Nothing in this section shall be construed as affecting the customary giving or receiving of presents on occasions of bona fide betrothals, weddings or adoptions.

(4) No prosecution under this section shall be instituted with- out the consent of the Director of Social Welfare:

Provided that such consent shall not be necessary for the arrest of any person suspected of having contravened this section. (Am- ended, 1 of 1958, Schedule)

(Cap 2139)

Unlawful transfers of possession custody or control of other persons for valuable consideration.

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