258
Draft Bills.
No. S. 87.-The following bills are published for general information :—
C.S.O. 3094/25.
[No. 3-13.2.31.-2.]
A BILL
Short title.
Insertion of new s. 78A. in Ordinance
No. 5 of 1865.
Repeal of paragraphs (a) (b) and (c) in s. 82 (5) of Ord- inance No. 7 of 1891.
INTITULED
An Ordinance to amend further the law relating
to Larceny.
Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-
1. This Ordinance may be cited as the Larceny Amendment Ordinance, 1930.
2. The following heading and section are inserted in the Larceny Ordinance, 1865, immediately after section 78 thereof:-
Obtaining credit by fraud, etc.
32 & 33 Vict. c. 62, s. 13. Ordinance
No. 7 of 1891, s. 82 (5).
16 & 17 Geo. 5, c. 7, s. 6.
Obtaining Credit by Fraud, etc.
78A. Any person shall in each of the cases following be guilty of a misdemeanor and shall upon conviction be liable to im- prisonment for any term not exceeding one year, that is to say:-
(a) if in incurring any debt or liability he has obtained credit under false pretences or by means
of any other fraud; or
(b) if with intent to defraud his credi- tors or any of them, he has made or caused to be made any gift or transfer of, or charge on, his pro- perty; or
(c) if with intent to defraud his credi- tors, he has concealed or removed any part of his property since, or within two months before, the date of any
unsatisfied judgment or order for payment of money ob- tained against him; or
(d) if with intent to defraud his creditors or any of them, he has caused or connived at the levying of any execution against his pro- perty.
3. Paragraphs (a) (b) and (c) in section 82 (5) of the Bankruptcy Ordinance, 1891, are repealed.
į
Objects and Reasons.
Section 82 (5) (a), (b) and (c) of the Bankruptcy Ordinance, 1891, Ordinance No. 7 of 1891, create three offences, which were adopted from the Debtors Act, 1869, 32 and 33 Viet. c. 62, s. 13. Though these provisions appear in the Bankruptcy Ordinance, the offences, unlike many other offences referred to in the Bankruptcy Ordinance, can be committed by