395

TABLE

Showing how effect is given in the Hong Kong Ordinances to the Provisions of the International Convention for the Suppression of Counterfeiting Currency, 1929.

Convention Article No.

Remarks.

1

2

Co

3

8 (1)

3 (2)

This is a formal preliminary article stating that the High Contracting Parties recognise the rules laid down in the Convention as the most effective means in present circumstances for ensuring the prevention and punishment of counterfeiting

currency.

This article defines the word currency as mean- ing paper money (including banknotes) and metallic money, the circulation of which is legally authorised. Effect is given to this Article as respects paper money by Ordinance No. 11 of 1922, ss. 2, 4, 10, 11 and 15, as amended by Ordinance No. 11 of 1924, ss. 2, 3, 4, 5, 6 and 7, and by section 2 of the Counterfeit Currency (Convention) Ordinance, 1936 (hereinafter called the new Ordinance). As respects metal money, effect is given to it by Ordinance No. 7 of 1865 as amended by section 3 (2) of the new Ordin-

ance.

This article requires that the following should be

punishable as ordinary crimes :-

(1) any fraudulent making or altering of currency,

whatever means are employed;

(2) the fraudulent uttering of counterfeit currency;

(3) the introduction into a country of or the receiving or obtaining counterfeit currency with a view to uttering the same and with knowledge that it is counterfeit;

(4) attempts to commit, and any intentional parti-

cipation in, the foregoing acts;

(5) the fraudulent making, receiving or obtaining of instruments or other articles peculiarly adapted for the counterfeiting or altering of currency.

As regards paper money in relation to Article 3 (1), forgery of a bank note or currency note with intent to defraud is made felony by section 4 (1) (c) and (d) of Ordinance No. 11 of 1922, as amended by section 3 of Ordinance No. 11 of 1924. By virtue of the definitions in section 3 of Ordinance No. 11 of 1922 forgery includes the making or altering of a bank note or currency note. Article 3 (1) is carried into effect as re- gards gold and silver coin by sections 3, 4 and 4a of Ordinance No. 7 of 1865 as amended by section 3 (2) (c) and (d) and section 3 (5) of the new Ordinance, and as regards copper coin by section 13 of Ordinance No. 7 of 1865 as amended by section 3 (2) (m) of the new Ordin-

ance.

As regards paper money in relation to Article 3 (2) the fraudulent uttering of forged bank notes or currency notes is felony under section 8 of Ordinance No. 11 of 1922. Article 3 (2) is carried into effect, as regards gold and silver coin by sections 8, 9, 10, 11 and 12 and as

Share This Page