Criminal Law Code as at 1st March 2007
the use of threats or force or by the use of fraudulent misrepresentation or otherwise;
and
(b) whatever the period over which the accused deprived the adult or child of his or her
freedom of bodily movement or the lawful custodian of his or her control.
(3) In determining an appropriate sentence to be imposed upon a person convicted of
kidnapping or unlawful detention, and without limitation on any other factors or circumstances
which a court may take into account⎯
(a) a court shall regard it as an aggravating circumstance if⎯
(i) the kidnapping or unlawful detention was accompanied or motivated by the
demand of a ransom for the safe return of the adult or child; or
(ii) the kidnapping or unlawful detention was accompanied by violence or the
threat of violence;
(b) a court shall regard it as a mitigating circumstance if, in the case of the kidnapping or
unlawful detention of a child, the accused is a parent of or closely related to the child
and the kidnapping or unlawful detention was not accompanied by violence or the
threat of violence.
94
Pledging of female persons
(1) A lawful custodian or relative of a female person who⎯
(a) at a time when the female person is under the age of eighteen years, or without her
consent, hands her over to another person as compensation for the death of a relative
of that other person, or as compensation for any debt or obligation; or
(b) at a time when the female person is under the age of eighteen years, or without her
consent, enters into an arrangement whereby the female person is promised in
marriage to any man, whether for any consideration or not; or
(c) by force or intimidation compels or attempts to compel a female person to enter into a
marriage against her will, whether in pursuance of an arrangement referred to in
paragraph (a) or (b) or otherwise;
shall be guilty of pledging a female person and liable to a fine up to or exceeding level fourteen
or imprisonment for a period not exceeding two years or both.
(2) Any party to an arrangement or marriage referred to in subsection (1) may be charged
as an accomplice to pledging a female person.
95
Criminal insult
(1) Any person who, by words or conduct⎯
(a) seriously impairs the dignity of another person; or
(b) seriously invades the privacy of another person;
shall be guilty of criminal insult if he or she intended his or her words or conduct to have an
effect referred to in paragraph (a) or (b) or if he or she realised that there was a real risk or
possibility that his or her words or conduct might have such an effect, and shall be liable to a
fine not exceeding level six or imprisonment for a period not exceeding one year or both.
- 60 -
Select target paragraph3
Add to table of contents