### Offences against the Person Ordinance 《侵害人身罪條例》

38. Certificate of dismissal or conviction and punishment to bar any other proceeding
If any person against whom any such complaint is preferred by or on behalf of the party aggrieved obtains such certificate of dismissal, or, having been convicted, pays the whole amount adjudged to be paid, or suffers the imprisonment awarded, in every such case he shall be released from all further or other proceedings, civil or criminal, for the same cause.
(Amended 50 of 1911 Schedule)[cf. 1861 c. 100 s. 45 U.K.]

39. Assault occasioning actual bodily harm
Any person who is convicted of an assault occasioning actual bodily harm shall be guilty of an offence triable upon indictment, and shall be liable to imprisonment for 3 years.
(Replaced 24 of 1950 Schedule. Amended 50 of 1991 s. 4)[cf. 1861 c. 100 s. 4 U.K.]

40. Common assault
Any person who is convicted of a common assault shall be guilty of an offence triable either summarily or upon indictment, and shall be liable to imprisonment for 1 year.
(Replaced 24 of 1950 Schedule. Amended 22 of 1950 s. 3; 50 of 1991 s. 4)[cf. 1861 c. 100 s. 47 U.K.]

41. Power to bind over offenders
In the event of a conviction under section 39 or 40, the convicting court may, in addition to imposing any penalty, order the offender to enter into a recognizance, with or without sureties, in a sum not greater than $500, to keep the peace or to be of good behaviour for a period not exceeding 12 months.
(Added 24 of 1950 Schedule)[cf. 1925 c. 86 s. 39(3) U.K.]

### Offences against the Person Ordinance 《侵害人身罪條例》

42. Forcible taking or detention of person, with intent to sell him
Any person who, by force or fraud, takes away or detains against his or her will any man or boy, woman or female child, with intent to sell him or her, or to procure a ransom or benefit for his or her liberation, shall be guilty of an offence triable upon indictment, and shall be liable to imprisonment for life.
(Amended 30 of 1911 ss. 2, 4 & 5; 51 of 1911 Schedule; 23 of 1982 s. 2; 50 of 1991 s. 4)[cf. 1861 c. 100 s. 56 U.K.]

### Offences against the Person Ordinance 《侵害人身罪條例》

43. Stealing child under 14 years
(1) Any person who—
(a) unlawfully, by any means, leads or takes away, or decoys or entices away, or detains any child under the age of 14 years, with intent to deprive any parent, guardian, or other person having the lawful care or charge of such child of the possession of such child, or with intent to steal any article upon or about the person of such child, to whomsoever such article may belong; or (Amended 13 of 1929 s. 2)
(b) with any such intent receives or harbours any such child, knowing the same to have been led, taken, decoyed, enticed away, or detained as in this section before mentioned, (Amended 25 of 1930 s. 4)
shall be guilty of an offence triable upon indictment, and shall be liable to imprisonment for 7 years: (Amended 30 of 1911 ss. 2, 4 & 5; 39 of 1954 Second Schedule; 50 of 1991 s. 4)
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 Welfare by or under the Protection of Children and Juveniles Ordinance (Cap. 213); and (Amended 1 of 1958 Schedule; 21 of 2020 s. 55)
(b) nothing in this subsection shall be construed as conferring upon any adoptive parent or employer any right of retaining 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)

[cf. 1861 c. 100 s. 56 U.K.]

### Offences against the Person Ordinance 《侵害人身罪條例》

44. Unlawful transfers of possession, custody or control of other persons for valuable consideration
(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 an offence triable either summarily or upon indictment, and shall be liable to imprisonment for 2 years. (Amended 22 of 1950 s. 3; 50 of 1991 s. 4)
(2) Any person who without lawful authority or excuse harbours 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 Hong Kong shall be guilty of an offence triable either summarily or upon indictment, and shall be liable to imprisonment for 2 years. (Amended 22 of 1950 s. 3; 50 of 1991 s. 4; 13 of 1999 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 without 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. (Amended 1 of 1958 Schedule) 
(5) The consent of the person intended to be, or actually, unlawfully transferred, taken into possession, custody or control or harboured, or the receipt by such person of the consideration, or any part thereof, shall be no defence to a charge or indictment under this section. (Added 7 of 1939 s. 2)
(Added 16 of 1938 s. 2)