CHILDREN AND YOUNG PERSONS ACT 1947

The Governor may a point different da~s. for the coming into force of diffe ent Parts and prov1S10ns of this Ordinance.

·

in the case of a per on emp~oyed or ~ngaged to take part in ny pubhc e~terta1nmen ..

a person under he age of sixteen years;

and

in the case of a tr nsf erred child, a female d th age fourteen years save as

~tlie~~isee provi ed in Part III; and

.

th r case person under the age of

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1n any o e

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, four teen years;

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, , ns the Commissioner for

· /M.

L Comm1s.s1oner

~ea d uch other officers as the j ~~i./s8

G!bour, Malayan Un1?n an. sin the Gazette. declare t l"

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t ,·ernoi may, by rrot1ficat1

f the powers conferred o be ve~ted. with all or any

Commissioner by this

;nd. duties imposed upo1n t de thereunder;

rd1nance or by any rues ma .

)

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No . 3·3 OF 1947.

2

''

,, and ''eroplo ment used in ref

"e~ploy oung person mean employment~nCI! to a cluld or ¥ sed by way o a trade or for the 111 an lab0W: ex:rether the ga.

be to the child 0f utrPose~

of gain, o an other person;

.

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y

"entertainment". inclu es an exh1b~tion or per

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b t does not mclud any entertamment gi for.

ft:;eup1ls of any regist red school at ?r und!:~ty

. es of such school ; and a person 1s deem d e ausp1c

.

h e to take part in an. enterta1 _ment_ w .en such person , employed in, or m connec 10n with such entert!},inme~:

whether as a performer stage hand, musician 0

otherwise howsoever;

r

"Ga.zej~.:....I~l!RS-tt~f1tit11t~~t::rflieiK~~~t

,. 33 'l,/si .G-azgftc 'r

''guardian'' in relation _to a chil~ ?r young person includes any person who, In the op1n1on of the Court having cognizance ?f a~y ase in relation to the child, or in which the child IS oncerned, has, for the time being, the charge of, or co trol over the child or young person;

"legal guardian" in r lation to a child or young person means a person la fully appointed by deed or will or by the order of a competent Court to be the

:n)./.rR gu .. a~

.. that child or young person;

''p~ace of safety'' mea s any place or institutio~

appointed to be such nder section 34 of this

Ordin~nc~ or. a~y other s itable place, the o~cupier of which is willing tempo arily tq r~ceive JJ, c~ ld ·~ ,,,..

"P t

.,,

-7J~II rq ector includes he

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l e

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· #.14l,;. 't'-J~n'"""'~Wiee~P, Malayan Union, nx Area Welfare O:ffic~r, r::

. su~h other officers as t e 1:!.onep:eor may by notifi-

, cation in th G

X.CK r

' · h 11 or

• ,,~J.

f e azette, dee are to be vested wit a

:nf o tthe powers conferr d and duties imposed upodn l'f' • ti 41ri ro ector by th· o d'

1 Dla e thereund .

18

r 1

nee or by any ru es er,

.

''public entert .

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t to which the p bl :i,mment means an entertaJJJJll 0 1~ is admitted

O ic or an section of the pub 10

whether fo; ~~~?nl:lectiO with which any cha1:y collection or b is_srnn or not is made to, or · .

ment from· :u scrip ti on i rec~ived at such entert,a,Jll

"t

' ny of the au ience'·

ransf erred h.

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s defined in sectio~ {~d' m~ans a transferred child 8

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O this Ordinance ;

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, 'young person means

in the case of a per 1

to take part in a n emp_ oyed or engaged

Y pubhc entertainment, a person who as att . d s~xteen years a d is !~~:r t~e age o~ .

eighteen years; nd t e age of

in any other case, a person who has attained the agfe ?fhfourte n years and is under the age o e1g teen ears.

For the purposes of t is Ordinance a erson shall be ~eeme~ to.have reach d any specified agf when he l~afs, s1n~e hd b1rth,d~ompl ted that number-of years.

of 1 e rec one accor 1ng to the Gregorian calendar.

Upon rs charged wi culpable homic~ age 0

four teen y~a ro he had the c stody, charge or 1de of !

child of w ~al of any perso over t~e. age of e~are, or upon th~ tried with culpa le hom1c1de of a ighteell.

-years c f~hom he had the usto~y, ch~rge or c Yollng persllonb o lawful for the C urt, if satisfied th are, it sha de . guilty of an off nee under this sect~t the accuse 1s

. d 1011 ·

t of such chil or ung person, to find in respecd guilty of such offen e.

the accuse

If a person having t e custody, charge or care of a child is charged with a offence under this section, and it is proved that the child was in any street, premises, or place for any uch purpose as aforesaid, and that the person charge allowed the child to be in the street, premises, or pla e, he shall be presumed to have allowed him to be in t e street, premises or place for that purpose unless the ontrary is proved.

5 .. (1) A police officer, or any person authorised. by a

Magistra~e or by a Protect r . or by the Commissioner or a Justice of the Peace m y take to ·a place of saf e~y any child in respect of w om an offence under t~is r~rt of this Ordinance or ny offence involving bodily hinJury to a child has been r there is reason to believe as been, committed.

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an?) ctr~hilt so taken to place of saf~ty, and al:

detain d . w o seeks ref e or protection, maY ht before ea M

a. place of saf ty until he can be broufke such order ~~i~trate's Cou and the Court m~Y. ~ub~

section or is mentioned in the next followin~th as circum~tanc:~ cause _the child to be d~alt-wiharge made against a:y admit a_ d require, until the ~ce as aforesaid with Y person 1

respect of any offe ived by the conv1·ct· regard to th child has been deterIIl ion or d' h ,

· ,) .

isc a ge of such person·

5

When it appears_ to 'a Co rt that an offence under this p~r~ of this Or~1nance o any offence involvin bodily 1nJ1;1ry to a ?hild has be n committed in respec~

of any ch1l~ who _is brought efore it and that it is expedient, in the interes~s of he child, that an order should be m~de_under this sub-ection, the Court may, without preJud1ce to any othe power under this Part of this Ordinance, make such order as circumstances require for th_e care and dete tion of the child until a reasonable time has elapse~ or a c~arge to be made against some pers~n for hav1n committed the offence, and, if a cha~ge 1s made aga nst any person within that time, until the charge has been determined by the conviction of that person and i case of conviction, for such further time not exceedi g twenty-one days as the Court which convicted ma direct, and any such order may be carried out not ithstanding that any person claims the custody of t e child.

that a? offence un e ence involving bodily

Ordinance or _any O n erson has been inj_ury ~o a child_t0f 1~ r~;pect of th~ child or 1s being commi e or young person, h

. ue a warrant aut o-t~e. Magistrate's Court may ed therein to search for r1z1ng any police officer nam nd if it appears to su~h such child or young: person, a erson has been or is 0~cer that such child or young ~eglected in manner being 3:ssaulted, ill-trP-ated, off nee as aforesai~ has aforesaid or that any such_'?

ct of the child or b

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· tt d 1n r spe

.

een or is being commi to nd detain him in a

Young person to take him b ht before a Court,

Place of safety, until he can be oug

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person.

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. . ng any police o:ffic · to remove th or authorizi n with or witho t search to e child young pedod~tain him there ntil he ~an b Place 0r safety :n Court; and the Cour bef o:r;-e whom et~l'oughf before erson is brought ay commit hi e .cni} t or yofng ielative or other fit erson in like rn.:r:n. to thd.

~arh O :rson in whose care he as had been co ann~r a:

fo; ~iial for an offence_ :un er this Part ~fitted.

Ordinance and the prov1s10

of section 5 of th~s

Ordinance shall apply.

this

A Magistrate's Court i suing a warrant Und this section may, by the_same w rrant, cans~ any pers er

.accused of any offence 1n resp ct of the child or You~n person to be appreh~nded and brought befor!

the Court, and proceedings t be taken against such person according to law.

Any police officer auth ris~d by warrant under this section to sear~h for an child or tonng person, or to remove any child or youn person with or without search may enter (if need . e by force) any house, building or other J?lace spec1 ed 1n the warrant, and may remove the child or youn person therefrom.

( 4) Every warrant issued nder this section shall be addressed to and executed by a police officer, who shall be accompanied by the p rson laying the informa-tion, if such person so desi e, unless the Court by which the warrant is issued ot erwise directs, and may a~so if the Court by which he warrant is issue~ so directs, be accompanied by a Government medical officer.

It shall not be necessa y in any information or warrant un1er this section to name the child or youn1

person b~t, 1n such case, the c ild or young person shale

~e described as particularly s the knowledge of th-R~ ffo~::t or the Court per ·ts.

ChilJ

~. .J 8 3/~6. "'•ttt

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labour.

be ~m(l) N" o ?hil unde; he a·ge of eight year.s sha ployed in any form f abour.

No h'ld

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h ll be employed cini under the ag of twelve ye~rs 8 :al or horticultural f?\ employ en·' except agr~cu{tuby the family of th ig _t wo~k , r ed on collect1v~ Y or oll light work of child or,:

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• by th local community hold of

.a natural p a domestic a acter in the house arent o 1

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h'l

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r ega ua d1an of the c 1

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3) No child

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f actorJ, godown or workshhaU be e ployed in a 0)

op.

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CHILDREN AND YOUN

,

G PERSO~S.

No child shall be e Lpl d a,pa,city, upon any small er ft ~b_- ho~ work in any 0-

0ensed under the Ports E ct ic 18, or should be;

~a,lay States or the Ports rfent of the Federated F.M.s.

Settleme_nts, ?r under any O her 1Eanee of the S~r~its ~~J,- 111.

for the hcensmg of small er ft O ~aetment prov1dmg Cap. 149.

in a,ny case where the era t ' 0 :

11b_.an)'. ship, except

P ersonal charge of the paren or legs 1 1 P · is d~nder the child.

a guar ian of the

Nothing in the fore oing p;rovisions of this section shall apply to em:rl yment of children work approved !l'nd sup~rv1s d by the Departme~f~~

Education carried on 1n a y Govern t h h

· 1 h 1

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men or ot er tee n1ca sc oo or 1n a trai ing ship.

No cfhild or young p rson shall be employed upon any orm of labour o employment under an·

cll'CU_Dl~tances or IY,1:der any . ondition~ which ~ay b{

.

p_roh1b1ted by the.Lb

.

.

from time to / ~t;A time by rules made under th1 Ordinance.

·

Any such order shall be ublished in the (!az~tte and shall have effect from t e date of pubhcat1on, unless some other date is 1na ed therein.

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contrave ing the provisions f

Person

.

£

ff o

AnY h 11 be guilty o an o ence and sh 1 an, penalty.

such order s anot exceedin on_e thousand dollarsa 1 be

Iiabl~ to a~: for a term wh1~h m~y extend toor imprison.roe b th such fine nd 1mpr1sonment and sit months or to

O bsequent o ence, shall be liable t for a second or ding two thou and dollars and to irn ° .a fine not excee t rm which ay extend to two yea Pr1~

sonment fohr fin! and impri onment.

rs or to both sue

.

Children and 10,. (

public entertain ent which 1s promoted e young part in a fit f he promoter o f or

. persons formed for the pro o r per ormers taking part per

' in pub~c or both.

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I entertam-h 11 t k

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, ments.

NO child or youn~ pe son a a e :eart 1n any performance in a pubh? en er~a1nment whwh perfor-mance is dangerous to hfe o limb.

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No child or young er~on . unde:r . the age of seventeen years sha~l take p t 1n any PI!-bl!c entertain-

. ment without the licence of the Comm1ss1oner.

Before issuing any s ch licence, the Commis-sioner shall be satisfied as the health and physical fitness to perform of such c ild or young person and that proper measures have een and will be taken for the preservation of the heal h, a~d for securing kind treatment, of such child or oung person.

·

The Commissioner, ay, in his discretion, refuse to issue a licence on _be' ground that the child or young person is not actua ly under the protection of at le~s~ one parent or of_ a 1 g_~_l guardian or t~at the cond1~10ns of employment r wages to be paid are

~hseatisf~c~ory or inadequat or on any other grounds, ther similar to the for going or not that roay appear to h'

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h. a·

. Im reasonable o proper and he may, in

IS Iscret10n ca

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d f r which he co '

nee any . :cence on any groun °

breach of a~ld refu~e. to 1 1sue a licence, or fo! the required fu Y. coudition ereof, but shall, if ~o parent 0~

the. child : or young person or his or cancellat

• Ian :V~th th · grounds of such refusal on 1n Writing.

Any person

· ·

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I lation of a licen \ggrirved by the refusal or can ch -

Commissioner f~~. £ a Co missioner other than t e . '.JJ

~

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abpur, ¥3:Iayan Union, J118,J j:;).

person agg' riev d e-de b

·e. .

.

. and anY f.~i e

Y th

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f a 11 0

e re ;usal or cancellation °

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,

. ence by the Commissioner , t~ion, may appeal to the

~ ~:~yan .~

decision shall be final.

An order cancelling a li ence h 11 h until it is set aside on appeal.

s a ave effect

In granting _a licence t e Commissioner shall irnpose such con~1.t1ons as m_ay e prescribed and ma irnpose such add1t1onal cond1t10 s as he thinks fit.

Y

Licences issued under th s section .shall a 1

throughout the Malayan U nio and s· hall

· pp Y

1 d f D b

.

expire on

_the 3 st a y o ecem er 1n ea year.

In respec~ of any licence issued· there shall be

. . J:_

charge_d and P~1d sue~ fee as th-Chief S,osrotar,r/ may from time to time notify, in the Gazette.

'I-·

i.tt· 11,>-/st'

employs or procures a hild or young person Penalty for to perform or take part in any public contravention entertainment• or

·

of section 10.

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having the custody, ch rge or care of a child or young person, uffers such child or young person to pe form or take part in such entertainment; r

being a person licensed nder the Theatres and F.M.s.

Places of Public Amusement Enact-Enactment

No. 47 of ment of the Federate Malay States or the 1936.

corresponding Enac ment of any Malay s.s.

· State or the Theat es Ordinance of the Cap. 210.

Straits Settlements, ffer.s a child or young person to take part i such entertain~ent;

in contravention· of the prov' sions of section 10

of this Ordinance or of a rule made under th~s Or_dinance or ~ny condi ti n or re~triction co~ -

tam~d 1n any licence issued un er section 10. of this

Ordinance, shall be liable to a ne not exceeding fiv.e hundred dollars or to imprison ent for a term which

~ay extend to six months or both such fine and nnprisonment arid the Court s all thereupon cancel the licence is;ued in respect of uch ?hild and, if the

~erson convicted is the holder f a licence under the

·

heatres and Places of Public usement Enactment F.M.s.

of th F

·

d ·

Enactment

E e ederated Malay States r any correspon 1ng No. 47 of

.\ o na~trnent of any Malay Stat or of the Theatres 1936·

al:dinance of the Straits Settle ents_, the Cou_rt may ~-:p. 210.

,~ Pei ?rder the cancellation of .s ch licence o~ its sus-

.

Enon for such period as the ourt may think fit.

j

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: ~ 1.: ::

Interpreta-

,~A, .

"\,t- , tion.

•1·} ·re~

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;~{f l~• 1:/, ~,

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M:· ·i

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Cap. 157.

Johore

Enact.

No. 120.

Perlis

Enact.

No. 5/53.

Trengganu

No. 1 of 1354.

who is living with grand-parent, a broth

J or sister by _the w ~ole dr halfdblood, ore:

brother or sISte o a ecease parent b the whole blood· or

Y

.who is over ~he ag_ of twelve and is married and is living w th her husband or with a

· parent or grand parent of her husband; or

who has been bona fide and lawfully adopted and is living w · h the adopter; or

who is living with a legal guardian; or

who is registered a a mui tsai under the Mui

Tsai Enactmen o_f the Federated Malay

States or of an · Malay State or the Mui

Tsai Ordinance f the Straits Settlements;

or

(/) who is living wit a person other than her natural father t' r mother in pursuance of a_n order _of a CI urt of competent jurisdic-tion or 1n pur uance of an order made under Part II f . this Ordinance or under the Women an

Girls Protection Enact-ment of the Fed rated Malay States or the corresponding nactment of any Ma!aY

8tat_e or the W men and Girls Protection 0rd1nance of e Straits Settlements or nnder the Mu Tsai Enactment of the

Federated Mal y States or of any :Malay

~!at~ or the ui Tsai Ordinance of tbe ra1 ts Settlem nts ; or

who is an ·

jt3L

.home oru_ima~e ! any orphanage, hos~erll'

mentor 1~st1tu ion maintained by ?~ed to be such; d any approved place deed~ a,tloe;

or n er s ction 34 of this Or 111

r , ll

who is a b~arder_ .at a school registered under the RegiStration ° Schools Enactment of the d~ederated Mal y States or the corres- ~~!·8is9.

pon ing. Enac~men of any Malay State or the Regi~tration ° Schools Ordinance of s.s.

the S~ralts Settle ents, or is regularly Cap. 139.

at~ending such _a sc ool and is living with a friend or relative o her natural father or m?ther or of her leg 1 guardian or adopter, with t~e consent of e father, mother, legal guardian or adopte , as the case may be.

The expressions

"tra sferred child"

and

"child" shall be deemed to app y to a female in respect of whom a bond_has been execut d or a committal order made under this Part of this Ordinance until such time as the bond or <?rder is di charged or the female reaches the age of eighteen, hichever is the earlier event.

The father mother, legal guardian or guardian of every such tr~nsf erred. chil as ~s re~erred . to in sub-section (1) of this section s all, if res1de~t in the

Malayan Union, also notify sue transfer or intended transfer to the same Protector.

On receiving such notifica ion the Protector may make such inquiry as he thinks t as to the ~easons for the trans£ er or intended transf r of the child and as to the suitability for that purp se of the person who has or intends to have the care, custody or control of the child.

( 4) If after such inquiry th rrotector de_ems it expedient in the interests of the h1ld, he may e1ther-

If default be made in complying with d·t·

of a bond made nder the preceding any con 1 10n k d su0

.

the Protector may a e an or er as pro .d -

section,

·

7 f th' 0 d'

v1 ed in sub-section ( 4) of section o is r inance.

The Protector shall re ister particulars relati to any child in respect of horn an order has beng made under paragra_ph (

of sub-section (4), security has been given nder paragraph (b) of sub-section ( 4), or a~ ord r has been made under sub-section (5), of this sec ion and also particulars relating to her parents and any person who has had or has the care, custody or control of such child or who has made a notificatio in respect of such child.

Except as otherwise ovided in sub-section (4)

of this section, the Protect shall accept every noti-fication made under this · ection and shall record particulars thereof.

.

he intends to retu n the child to the care, custody or cont ol of her father, mother, legal guardian o other person from whom he obtained her · or

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he int-ends to take o send the child out of the 8tate tt:F-~~~ea4; for a period of more than one month · or

without his ~nowl~ ge or consent, the child

.

has left his care custody or control;

report in pers t

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h ver practicable b ~n ° a Prat ctor and shall, w ene ch

Protector th ring or cause ·o be brought before su r mother or le ea/ransf e!red child and her f atheho~

he obtained f . guardian o other person f roro w er.

On receivin

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ub-sect10n the p g a repor under the preceding s d shhall, if the raotthector shall make a note thereof aullcb ot er er m t.h

.

r s person is hel .'

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e , legal guardian ° Ovio1l 0

ieved to Se in· the Malayan and was not present at. the tim f written information thereo to ~h ;uch report, send of abode of such father, oth e 1 ast known_ place other person.

er' egal guardian or 16, When the transfer O a ch' ld h and accepted under section 14 fl h. as b~en notified Subsequent d b

O t IS Ordinance transfers to secon . or s~ sequent trans er of such h 'ld h 1, any be notified.

be notified 1n accordance , ith th c .1. s a 1 also section.

e provis10ns of that

in respect of h

.

.

child in h b

. w O e . trans£ er no notification certain cases.

as een made 1 thin one week after the J./tl· n~/.r4

transfer; or

who for any reaso is in need of supervision;

he may, by summons under his hand addressed to the person who has or is _believ d _to have the care, custody or control of such child_, re uire such person to appear and to produce the child b fore him at the time and place_ specified in the sum ons.

If a person on whom summons has been served under the preceding sub-s ction fails to produce the child at the time and pl ce specified therein, the

Protector may issue a warr nt authorising any person named therein to search f r such child and produce her before him. Any child amed or described in such warrant may be removed to a place of safety and there temporarily detained unf the Protector has com-pleted his inquiry under t is Part of this Ordinance or may, for the l1ke period be temporarily committed to the custody of a relative or other fit person o~ such terms and conditions as th Protector may require.

On production of a c ild before the Protector in pursuance of a summons o warrant issued under this section he shall hold such · quiry as he thinks fit and, if afte; such inquiry he of the o:pinion tha_t there has been a failure to not1f as required by this Part of this Ordinance or tha such child is in need of supervision, he may order he _person hav_ing t~e ca~e, custody or control ·of such child to furnish him with

, copies of her and such pe son's photogral?hs, a_nd to furnish a bond or other se urity to the sat1sfact1on ~f the Protector that such c ild, for so long as she 1s

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~, l~U. uu V.L'

... v ......

1(.1,

14

.

/,:/fl of eighteen ·e~ ~ or for an t:'. :

nder th~ age 1 ve the ar a~rstate ~'

Y shorte

, 11 , u . d ill not ea d l'

'.t per10 , w d to the care, us o y or control ol'

;; : it1· 334s'i be transferrewithout the pre ious consent of a Pr of any l

,\ , other P.if80~t be ill-treated r neglected or ern.;lectol'

; :

and WI

~ined for any im oral or unlawful 0Yed,

'~ ·

used or tr . romoral or unla f ul manner and &Urpose f:

or_l1l·nbanpyr~duced before a rotector whenever aht she r

WI e e SO

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requires.

If default be made in omplying_ with any ord d or any condition of a bond furnished under tb.r m:ec:ding sub-sectio~, the rotector may, without o~

P ddition to enf orc1ng the bond or other security b

:a~rant under his hand, o der that the child, in ~e[

pect of whom the order was made, be taken out of th 1 ·

custody of the r>erson i!1, wh se care, custody or contro!

the child is and committed o a_ ~lace of safety or, on such security and on such oondit1ons a~ the Protector may require, to the custo~ of a relat1v~ or other fit

I person until the child a_ttai s the age of eighteen years or for any shorter period.

The Protector shall r gister particulars relating to any child in respect of w man order has been made under this section and p rticulars relating to her parents and any person w has had or has the care, custody or control of such hild.

' Tr_ansferre_d

The givin f

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h 11 not relieve an er g O such f~rther secu!1ty s a this

Part of th1s POr~~n who fu ished se~ur1~y. unddr the conditions of th1nbnce fro any obligation un er the condition relatin e ond en ered into other than ate

•-3u /.r-l · e, ~e~tlell'ter,1, u !~Ao '-depa ture from the are~~~ te-Gr ~eUleme~: n i tu.e ch Id has left the area;.

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CHILDREN AND You

.

NG PERSONS

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15 19• (1) A P_r~tector or n

P eciallY authorised in tha byhoffilfc~r generally or 8

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S t may at

.

e a

Ill

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upervmon.

protec or

, any time, e uir wr1 1ng by a the care, custody or control o(

e the person having e5pect of whom a bond has b a transferred child in

P r art of this Ordinance to reden executed under this

·

•

0 uce s h h'

him for inquiry, or may vi it d . uc c 1ld before where such child lives or is beif! Jnspe~t the place

The Protector or such offi e to hve or to be.

d. ·

cer ma

·

·

the con 1t1on and treatmen of su h Y ~nquire into wages (if any), food and Ii ing c cd_ ?hild and her and, for the purpos~s of sue in ~t itions generally or such officer as aforesaid ay rq

.Y, the Protector answer any questions he ma thi;f uire any person to such person shall be legally b und t proper to ask and to the best of his ability.

0 answer truthfully

Any person who obstru ts or hi d to obstruct or hinder the Pr tector on ers or ahttempts

· h

·

f th r any sue officer

Ih \1 \ exer~i~e of e PJwers con!erred bj, this section s a . e gu1 y o an o ence ga1nst this Ordinance.

20· (l) When !l' Protector as _reas?n to believe that Ill-treatment a transferred child has been or 1s being ill-treated or of trans-neglected or employed, used O trained for an ·

1 fe~red

I f l

·

.

.

y 1mmora child.

or un aw u purp_ose or 1n y immoral or unlawful manper, he may _issue a war ant as provided in sub-sect10n (2) of section 17.

On production of a chi d before the Protector in pursuan_ce of a warrant iss ed under the preceding sub-section, or-,whenever a t ansferred child appears before a Protector and all ges that she has been ill-treated or neglected or e ployed, used or trained for any immoral or unlaw ul purpose or in any immoral or unlawful manner the Protector shall hold such inquiry as he thinks t and may after such inquiry either make an or er as provided _in sub-

. section (3) of section 17 or n order as provided in sub-section ( 4) of section 17.

The Protector shall reg ster particulars relating to any child in respect of who an order has_ been made under this section and." par iculars relating to her parents and any person who h s had or has the custody of such child. · .

J,..ny perrfs Ordinanc to search for any llll~er fir~ I this part o~f tneed be by f rce) any house, huild~lld r~ ., i may: enter (1

vessel or ot er place '!here he hel' lll.g,

,~,•;

I land enclosubre, d may rem . ve the child therefr Ie"es

: 1·

1

' •id t e an

·

otn t i; !

the chi o

,

,

.

. :

rotector may, of . is ow1;1 m~tion or on

. t ,Review of

Any person aggr eved by ~ny or<:}er :tnad

, AppeaI

11•

Every person shall b · H b

.

·

n terill not exceeding tw ' : le to imprisonment for 3 0

[hority or excuse harbo rys arsh, who without lawful a, t 1

.

or as i h'

.

custody or con ro any chil with n is possession tetUPorary or permanent p ssessio respect to whom the has b~en trans£ erred or co f erred nf custody or control derat10n by _any other per on with_or valu~ble consi-Malayan Union.

in or without the

(3') It shall be a defence in an

.

this sectio~ to prove that he trin~:~secut10n und~r contemp~at1on of or pursua t to a bona took plac~ 1n or adoption and that at leas one of th · fide marriage of the child or the legal ardian ;anatural pare!lts party to the marriage, or to the adoptio! b ~hnse~tmg ing party, _and had expres ly consented ty the a op~-

cular marriage or adoptio .

0

e parti-

has been brought to the Malayan Uinon s,cunty.

either .after hav1 g been transferred f_or valuable consider tion, or by fraud, mis-representation or any false pretence; or

has been transferred to the custody ~r cont_rol

. of any person f r valuable cons1derat1on either within o without the Malayan

Union; or

/ I

. I

'

• j

I .

. I

, I

18

.

detained ··again.st his will by

is being ther t n h1s parent or 1 soltle person; 0 .

y '

a~fll.l guardian,

Y either he ma

.

erso in whose custody or

require any ftroI he child appears to tder who~e h c~irn wi h copies of such child's e to furh1s person's own photographs, anda:n.d sue . h securit to the satisfaction of t~o furn is

·

h h 'Id

· 11

·lle

Pro ec

A-14-~~~~fr' in wh·

e

: L/f• 331,/ s8

, t I r that uc c I w1 . not leave th area "I ate

.

Ich he h

'/... • wi· tho t the previous consent .

t en 1s d

.

111

writing of the Protector' an will not be

* I j-l·

I ti• j:

!. Inspection.

,1

r, i 1

1

I trans£ erred to he care_ or c1;stody of any other person wi hout the previous consent in writing of the rotector, and that he will be produced _be ore the Protector whenever he requires 1t; or .

(. ·) ·n the first instan e, or if default be made in n i

.

d d complying w1

any_ or er_ ma e under paragraph (i) of this section, make an order similar to an order under sub-section ( 4) o~ s c_tion 17 ?f this Ordinance, as if the child 1n question were a trans-ferred child.

Any pers~n who obstr ts or hinders or attempts to obstruct or hinder a Prot tor or the· Commissioner or any such officer a.s 3:f ores ~d in the exercise of the powers con~erred ?Y this sec ion shall be guilty of an offence against this Ordinan e.

3~. No Court shall_ take gnizance of any offence When Court punishable under this Ord nance except with the may. take

· tt t ·

f th p bl·

cogmzance wri _en. sane 1On O e

U i Prosecutor or a Deputy of offence.

Public Prosecutor or upon complaint made by-.

dee are 1

t b

'

om_

institution or p a e o. e an ~pproved Pl e,

,; ! /

for the purposes f this Ordinance.

ace

••

ti ;

5 An person who-

, t·

Offenc~s and 3 ·

yf to answer, t the best of his know} d j ,p,oaJues.

re belief, any q estion ~hi?h he is le;a,fe

/_;

,·

bound to answer nd 'Yh1ch is asked of hi y f by any officer.

ppo1nted or authoris~

l :

under this Ord1n nee; or

'

makes, sig;n_s or ~eli ers, or cau~es to be made

, t signed or de!fi1ve ~d, any wt1lfully false 0;

j incorrect not1 ca 10n, repor or statement•

l

I 1

l or

refuses to allow n officer appointed or authorised under his Ordina~ce _such entry or access to an house, bu1ld1ng, land, enclosure, vessel or other place as he is required by this _rdinance to allow; or

contravenes or fai s to comply with any provision of this Ordinance or of any rule made thereunder or

contravenes or fails o comply with any order, summons or war ant lawfully made by a

Protector under his Ordinance;

.shall be guilty of an o:ffen e and shall, if no other penalty be provided, be liab e on conviction to a fine

!lot ~xceeding two hundred and fifty dollars or to 1mpr1sonment not exceeding six months, or to both o-H-t'4] snch fine and imprisonment .

.. ~-B;c6':""

. "'1.~1iherH8~e~etif'te~~a~r~,~fre~,rr-(~~+4·~~,Qj li'v'\"

~

- A~ i-~a--:-i,:r~~::--

e~

of a

~

-

d1scret10n, exerciBe,_a-t--a,-

ny or all _ of the conferred u.t

·

~

b:r-t.R-is-O.rJl1.11anca..

rtincate of

knowingly assists indirectly, a c escape from the committed; or

?r induces, directly or.

dd or young person to erson to whose care he is

knowingly harbour conceal f

•

'

s, or prevents

::~ returning such person, a child or

Y g person_

~o has so escaped, or knowingly assist 1n so doing;

he ~hall~ be guilty of an off en e and liable on conviction to imprisonment for a term hich may extend to three months, or to a fine not ex eeding two hundred and fifty dollars or to both such ne and imprisonment.

I~ ,,t,;, f

;_ ,8, r ., 1J;7

J. /f·~!~/rf 89_. (1) The

.

.· .

·1 may make rules~Rules.

to give effect o the prov1si s of the Ordinance.

I1;1 particular an~

ithout prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters,

.namely-