Sessional_Paper_1935 — Page 274

Insertion of New section 45A in Ordinance No. 2 of 1865.

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Appendix No. 15.

Section 45(a) of the Offences Against the Person Ordinance, 1865.

3. The following section is inserted in the Offences Against the Person Ordinance, 1865, immediately after section 45:-

Certain transactions with regard to minors

45A. (1) Every person who takes any part, or attempts to take any part, in any transaction the object or one of the objects of which is to transfer or confer, wholly or partly, prohibited. the possession, custody or control of any minor under the age of eighteen years for any valuable consideration shall be deemed to be guilty of an offence against this section, unless such person proves beyond reasonable doubt that the trans- action was bona fide and solely for the purpose of a proposed marriage, or adoption, in accordance with Chinese custom.

(2) Every person shall be deemed to be guilty of an offence against this section who without lawful authority or excuse harbours or has in his possession, custody or control any minor under the age of eighteen years, if any person has, within or without the Colony, purported to transfer or confer the possession, custody or control, wholly or partly of such minor for valuable consideration after the 6th day of September, 1929.

(3) It shall be lawful for a magistrate to find the age of any minor brought before him with respect to whom an offence against this section is alleged, whether evidence of age be given or not.

(4) It shall be no defence to a charge under this section that the minor consented to the transaction, or that the minor received the consideration or any part thereof, or that the accused believed or had reasonable ground to believe that the minor was not under the age of eighteen years.

(5) Every person who is guilty of an offence against this section shall upon summary conviction be liable to a fine not exceeding one thousand dollars and to imprisonment for any term not exceeding one year.

(6) Nothing in this section shall be construed as recog- nising in any way whatsoever the possibility, that rights of possession, custody or control over any person can be trans- ferred or conferred for valuable consideration for any pur- pose.

(7) No prosecution under this section shall be instituted without the consent of the Attorney General: Provided that such consent shall not be necessary for the arrest of any person suspected of having committed an offence against this section.