220
THE HONGKONG GOVERNMENT GAZETTE, 29TH APRIL, 1865.
Forging Documents
in the Colony purport-
the Colony, &c.
40. Where the forging or altering any Writing or Matter whatsoever, or the ing to be made out of offering, uttering, disposing of, or putting off any Writing or Matter whatsoever, knowing the saine to be forged or altered, is in this Ordinance expressed to be an Offence, if any Person shall, in this Colony, forge, or alter, or offer, utter, dispose of, or put off, knowing the same to be forged or altered, any such Writing or Matter in whatsoever Place of Country out of this Colony, whether under the Dominion of Her Majesty or not, such Writing or Matter may purport to be made or may have been made, and in whatever Language the same or any Part thereof may be expressed, every such Person, and every Person aiding, abetting, or counselling such Person, shall be deemed to be an Offender within the Meaning of this Ordinance, and shall be punishable thereby in the same Manner as if the Writing or Matter had purported to be made or had been made in this Colony; and if any person shall in this Colony forge or alter, or offer, utter, dispose of, or put off, knowing the same to be forged, or altered, any Bill of Exchange, or any Promissory Note for the Payment of Money, or any Indorsement on or Assignment of any Bill of Exchange or Promissory Note for the Payment of Money, or any Acceptance of any Bill of Exchange, or any Undertaking, Warrant, Order, Authority, or Request for Payment of Money, or for the Delivery or Transfer of any Goods or Security, or any Deed, Bond, or Writing Obligatory for the Payment of Money (whether such Deed, Bond, or Writing Obligatory shall be made only for the Payment of Money, or for the Payment of Money together with some other Purpose), or any Indorsement on or Assigment of any such Undertaking, Warrant, Order, Authority, Request, Deed, Bond, or Writing Obligatory, in whatsoever Place or Country out of this Colony, whether under the Dominion of Her Majesty or not, the Money payable or secured by such Bill Note, Undertaking, Warrant, Order, Authority, Request, Deed, Bond, or Writing Obligatory may be or may purport to be payable, and in whatever Language the same respectively or any Part thereof may be expressed, and whether such Bill, Note, Undertaking, Warrant, Order, Authority, or Request be or be not under Seal, every such Person, and every Person aiding, abetting, or counselling such P'erson, shall be deemed to be an Offender within the Meaning of this Ordinance, and shall be punishable thereby in the same Manner as if the Money had been payable or had purported to be payable in this Colony.
Description of Ins- truments in Indict-
gery;
41. In any Indictment or Information for forging, altering, offering, uttering, ments, &c., for For- disposing of, or putting off any Instrument it shall be sufficient to describe such Instru- ment by any Name or Designation by which the same may be usually known, or by the Purport thereof, without setting out any Copy or Facsimile thereof, or otherwise describing the same or the Value thereof.
And in Indictments,
42. In any Indictment or Information for engraving or making the whole or any &c., for engraving, &c. Part of any Instrument, Matter, or Thing whatsoever, or for using or having the un- lawful Custody or Possession of any Plate or other Material upon which the whole or any Part of any Instrument, Matter, or Thing whatsoever shall have been engraved or made, or for having the unlawful Custody or Possession of any Paper upon which the whole or any Part of any Instrument, Matter, or Thing whatsoever shall have been made or printed, it shall be sufficient to describe such Instrument, Matter, or Thing by any Name or Designation by which the same may be usually known, without setting out any Copy or Facsimile of the whole or any Part of such Instrument, Matter, or Thing. 43. It shall be sufficient, in any Indictment or Information for forging, altering, need not be averred. uttering, offering, disposing of, or putting offany Instrument whatsoever, where it shall be necessary to allege an Intent to defraud, to allege that the Party accused did the Act with Intent to defraud, without alleging an Intent to defraud any particular Person: and on the Trial of any such Offence it shall not be necessary to prove an Intent to defraud any particular Person, but it shall be sufficient to prove that the Party accused did the Act charged with an Intent to defraud.
Intent to defraud, particular Persons
Interpretation as to Criminal Possession.
44. Where the having any Matter in the Custody or Possession of any Person is in this Ordinance expressed to be an Offence, if any Person shall have any such Matter in his personal Custody or Possession, or shall knowingly and wilfully have any
such Matter in the actual Custody or Possesion of any other Person, or shall knowingly and wilfully have any such Matter in any Dwelling House or other Building, Lodging, Apartment, Field, or other Place, open or inclosed, whether belonging to or occupi by himself or not, and whether such Matter shall be so had for his own Use or for ti Use or Benefit of another, every such Person shall be deemed and taken to have sch Matter in his Custody or l'ossession within the Meaning of this Ordinance.