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THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 6, 1935.
(2) Every person who commits the offence of simple larceny, or any offence made punishable like simple larceny, after having been previously convicted--
(a) of any indictable misdemeanor punishable under this Ordinance; or
1865.
(b) twice summarily of any offence punishable under the Malicious Damage Ordinance, 1865, or under this Ordinance No. 6 of (whether each of the convictions has been in respect of an offence of the same description or not, and whether such convictions, or either of them, have been before or after the passing of this Ordinance);
shall be liable to imprisonment for any term not exceeding seven years.
(3) In every case in this section before mentioned the offender, if a male under the age of sixteen years, shall be liable to be once privately whipped in addition to any other (No. 3 punishment to which he may by law be liable.
74)-(a) On conviction of a misdemeanor punishable under this Ordinance the court or magistrate instead of or in addition to any other punishment which may be lawfully imposed, may fine the offender.
(b) On conviction of a felony punishable under this Ordi- nance the court or magistrate, in addition to imposing a sentence of imprisonment, may require the offender to enter into his own recognizances, with or without sureties, for keeping the peace and being of good behaviour.
(c) On conviction of a misdemeanor punishable under this Ordinance the court or magistrate, instead of or in addition to any other punishment which may lawfully be imposed for the offence, may require the offender to enter into his own recognizances, with or without sureties, for keeping the peace and being of good behaviour.
(d) Provided that a person shall not be imprisoned for more than one year for not finding sureties.
Procedure.
of 1903).
62.-(1) On the trial of an indictment for obtaining or Procedure, attempting to obtain any chattel, money, or valuable security 6 & 7 Geo. 5, by any false pretence, it shall not be necessary to prove an c. 50, s. 40. intent to defraud any particular person, but it shall be sufficient
to prove that the person accused did the act charged with intent to defraud.
́(2) An allegation in an indictment that money or bank- notes have been embezzled or obtained by false pretences can, so far as regards the description of the property, be sustained by proof that the offender embezzled or obtained any piece of coin or any banknote or any portion of the value thereof, although such piece of coin or banknote may have been de- livered to him in order that some part of the value thereof should be returned to any person and such part has been returned accordingly.
(3) In an indictment for feloniously receiving any pro- perty under this Ordinance any number of persons who have at different times so received such property or any part thereof may be charged and tried together.
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