THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 6, 1935.
(2) If on the trial of any indictment for any offence against section 31 of this Ordinance (relating to embezzlement) it is proved that the defendant stole the property in question, the jury may find him guilty of stealing, and thereupon he shall be liable to be punished accordingly; and on the trial of any indictment for stealing the jury may in like manner find the defendant guilty of embezzlement or of fraudulent application or disposition, as the case may be, and thereupon he shall be liable to be punished accordingly.
(3) If on the trial of any indictment for stealing it is proved that the defendant took any chattel, money, or valuable security in question in any such manner as would amount in law to obtaining it by false pretences with intent to defraud, the jury may acquit the defendant of stealing and find him guilty of obtaining the chattel, money, or valuable security by false pretences, and thereupon he shall be liable to be punished accordingly.
(4) If on the trial of any indictment for obtaining any chattel, money, or valuable security by false pretences it is proved that the defendant stole the property in question, he shall not by reason thereof be entitled to be acquitted of obtaining such property by false pretences.
(5) If on the trial of any two or more persons indicted for jointly receiving any property it is proved that one or more of such persons separately received any part of such property, the jury may convict upon such indictment such of the said persons as are proved to have received any part of such property.
Restitution.
c. 50, s. 45.
66.-(1) If any person guilty of any such felony or mis- Restitution. demeanor as is mentioned in this Ordinance, in stealing, taking, 6 & 7 Geo. 5, obtaining, extorting, embezzling, converting, or disposing of, or in knowingly receiving, any property, is prosecuted to con- viction by or on behalf of the owner of such property, the property shall be restored to the owner or his representatives.
(2) In every case in this section referred to the court before whom such offender is convicted shall have power to award from time to time writs of restitution for the said property or to order the restitution thereof in a summary manner : Provided that where goods as defined in the Sale of Goods Ordinance 1896, have been obtained by fraud or No. 4 of other wrongful means not amounting to stealing, the property in such goods shall not revest in the person who was the owner of the goods or his personal representative, by reason only of the conviction of the offender :
And provided that nothing in this section shall apply to the case of-
(a) any valuable security which has been in good faith. paid or discharged by some person or body corporate liable to the payment thereof, or, being a negotiable instrument, has been in good faith taken or received by transfer or delivery by some person or body corporate for a just and valuable con- sideration without any notice or without any reasonable cause to suspect that the same had been stolen;
(b) any offence against sections 32, 33 and 34 of this Ordinance.
(3) On the restitution of any stolen property if it appears to the court by the evidence that the offender has sold the
1896.
879