Sessional_Paper_1886-1887 — Page 205

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Punishment of Whipping

on second and subsequent Convictions.

Form of Information and Proceed- ings.

16

IX. Whenever any Person shall be convicted before the Supreme Court of any Offence against the Provisions of this Ordinance, if it shall be proved that the Offender has been previously convicted either before the Supreme Court, or before two Magistrates sitting together, of an Offence under the same or any other Section of this Ordinance, it shall be lawful for the Court, in its Discretion, to direct that, in addition to the Punish- ment hereinafter prescribed, the Offender, if a Male, be once, twice, or thrice publicly or privately whipped subject to the Provisions contained in Section I of Ordinance No. 3 of 1868; and all the Provisions of Section XCIV of Ordinance No. 7 of 1865 relating to the Form of Information for a subsequent Offence and Proceedings thereon, shall apply to Offences punishable under this Ordinance.

Statement of Objects and Reasons.

The Provisions of this Ordinance are intended to repress certain offences and abuses which there is reason to believe are of frequent occurrence among the lower classes of the Chinese Population of this Colony, viz., the buying and selling of women and girls and their forcible or fraudulent abduction or detention for the purposes of prostitution. Also the decoying away under false pretences, or the abduction by force or intimidation, of persons for the purposes of Chinese Emigration. All the offences defined by this Ordinance are in a great measure ejusdem generis, and are made punishable alike by imprisonment with or without hard labour for a period not exceeding two years; and power is given to the Supreme Court, whenever previous convictions are proved, to direct the offender, if a male, to be whipped under the provisions of Ordinance No. 3 of 1868. It is proposed that this Ordinance should not come into force until Her Majesty's confirmation of it has been received, and therefore the usual Suspending Clause to that effect has been inserted.

JULIAN PAUNCEFOTE, Attorney General.

NOTE.-The above statement was appended to the Bill when introduced early in 1873.

J. R.

M.

No. 2 of 1875.

Title,

Preamble.

Repeal

Abduction of

♣ woman Ór female child with intent, &o.

Selling or purchasing.

Bringing into the Colony

women or children

knowing them to have been

sold for

prostitution. Detaining a

WOMAN OF female child

for purpose of

prostitution.

Recalving or harbouring with intent,

An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, for the better Protection of Chinese Women and Female Children, and for the Repression of certain Abuses in relation to Chinese Emigration.

[March 18th, 1875.]

WHEREAS it is expedient to make better provision for ny, painlawfully desig

guilty of selling, purchasing, or decoying into the Colony, or unlawfully detaining therein Chinese women and female children for the purpose of prostitution, and of decoy- ing Chinese into or away from this Colony for the purpose of emigration, or for any other purpose whatsoever: Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, as follows:-

I. The Ordinance No. 6 of 1873 is hereby repealed, but such repeal shall not affect:-

1. Any punishment incurred or to be incurred for any offence committed before

this Ordinance comes into operation.

2. Any proceedings for enforcing such punishment or prosecuting the offender; and all such proceedings may be had and taken as if the said Ordinance were still in force.

II. Whosoever shall bring, lead, take, decoy, or entice into the Colony any woman or female child with intent to sell her for the purpose of prostitution, or shall sell or purchase any woman or female child for the purpose aforesaid, or shall knowingly derive any profit from the sale or purchase of any woman or female child so sold or purchased as aforesaid, shall be guilty of a misdemeanour, and on conviction thereof, shall be liable to the punishments hereinafter provided.

III. Whosoever shall bring, lead, take, decoy, or entice into the Colony any woman or female child knowing that such woman or female child has been sold or purchased for the purpose of prostitution, shall be guilty of a misdemeanour, and on conviction thereof shall be liable to the punishments hereinafter provided.

IV. Whosoever shall detain any woman or female child in any place against her will with the intent that she may become a prostitute, or for any other purpose whatsoever, or shall by any false pretences, false representations, or other fraudulent means procure any woman or female child to have illicit carnal connexion with any man, shall be guilty of a misdemeanour, and on conviction thereof, shall be liable to the punishments herein- after provided.

V. Whosoever shall receive, or harbour any woman or female child with intent that such woman or female child should be sold or purchased for the purpose of prostitution, shall be guilty of a misdemeanour, and on conviction thereof, shall be liable to the punish- ments hereinafter provided.