1000 THE HONGKONG GOVERNMENT GAZETTE, 7TH NOVEMBER, 1891.
Amendment
of Ordinance
7 of 1865 ■, 70.
the jury is satisfied that he had no intent to defraud) be guilty of misdemeanour punishable with imprisonment for a time not exceeding two years with or without hard labour. (4.) If any person against whom a receiving order is made under this Ordinance quits the Colony with intent to avoid service of any petition or other process in bankruptcy or to avoid examination in respect of his affairs or otherwise to defeat embarrass or delay any proceedings against him in bankruptcy he shall be liable to imprisonment not exceeding one year or to a fine not exceeding five hundred dollars. A person who after the presentation of a bankruptcy petition by or against him or the service of a debtor's summons upon him or within three months next before such presentation or service quits the Colony shall (until the contrary be proved) be deemed to quit the Colony with such intent as in this section is mentioned.
(5.) Any person shall in each of the cases following be deemed guilty of a misdemeanour and on conviction thereof shall be liable to be imprisoned for any time not exceeding one year with or without hard labour 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.
(b.) If he has with intent to defraud his creditors or any of them made or caused to be made any gift delivery or transfer of or any charge on his property.
(c.) If he has with intent to defraud his creditors 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 obtained against him.
(d.) If after a receiving order has been made against him and whether he has been adjudicated bankrupt or not the assets available for his unsecured creditors and for the costs of bankruptcy and administration do not together amount to 25 per cent. on the unsecured debts proved unless the jury is satisfied that the extent in insolvency arose from his misfortune unaccompanied by dishonesty or reckless specula- tion or extravagance on his park.
(6.) If any creditor in any bankruptcy or composition with creditors under the provisions of this Ordinance wilfully and with intent to defraud makes any false claim or any proof declaration or statement of account which is untrue in any material particular he shall be guilty of a misdemeanour punishable with imprisonment not exceeding one year with or without hard labour.
83. (1.) If in the course of any proceedings taken under any bankruptcy petition or upon the representation of the Trustee or of any creditor it appears to the Court that there is reason to suppose that any person has been guilty of any offence under this Ordinance the Court may order the prosecution of such person accordingly and iu any such case may order the person to be prosecnted into custody if present or if not present may grant a warrant for his arrest and detention until he can be taken before a Stipendiary Magistrate to be dealt with according to law.
(2.) Where any person is liable under any other Ordi- nance or under any Act of the Imperial Parliament or at Common Law to any punishment or penalty for any offence made punishable by this Ordinance such person may be proceeded against under such other Ordinance Act of Par- liament or at Common Law or under this Ordinance so that he be not punished twice for the same offence..
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(3.) Where a debtor has been guilty of any criminal offence he shall not be exempt from being proceeded against therefor by reason that he has obtained his discharge or that a composition or scheme of arrangement has been accepted or approved.
Further Repeal.
84. (1.) The words "or if he shall have first disclosed the same in any compulsory examination or deposition before any Court upon the hearing of any matter in Bank- ruptcy," in section 70 of Ordinance No. 7 of 1865 contained are hereby repealed.
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