242
or wilfully destroying Books, &c.;
*
or publishing fraudu- lent Statements.
empt from answering
any
liable to Prosecution
sure.
THE HONGKONG GOVERNMENT GAZETTE, 18TH MAY, 1865.
68. Whosoever, being a Director, Manager, Public Officer, or Member of any Body Corporate or Public Company, shall, with Intent to defraud, destroy, alter, mutilate, or falsify any Book, Paper, Writing, or valuable Security belonging to the Body Corporate or Public Company, or make or concur in the making of any false Entry, or omit or concur in omitting any material Particular, in any Book of Acequit or other Document, shall be guilty of a Misdemeanor, and being convicted thereof shall be liable, at the Discretion of the Court, to any of the Punishments which the Court may award as hereinbefore last mentioned.
69. Whosoever, being a Director, Manager, or Public Officer of any Body Cor- porate or Public Company, shall make, circulate, or publish, or concur in making, circulating, or publishing, any written Statement or Account which he shall know to be false in any material Particular, with Intent to deceive or defraud any Member, Share- holder, or Creditor of such Body Corporate or Public Company, or with Intent to induce any Person to become a Shareholder or Partner therein, or to intrust or advance any Property to such Body Corporate or Public Company, or to enter into any Security för the Benefit thereof, shall be guilty of a Misdemeanor, and being convicted thereof shall be liable, at the Discretion of the Court, to any of the Punishinents which the Court may award, as hereinbefore last mentioned.
No Person to be ex- 70. Nothing in any of the last Ten preceding Sections of this Ordinance contained Questions in shall enable or entitle any Person to refuse to make a full and complete Discovery by Court but not to be Answer to any Bill in Equity or to answer any Question or Interrogatory in any Civil for compulsory Disclo- Proceeding in any Court, or upon the Hearing of any Matter in Bankruptcy; and no Person shall be liable to be convicted of any of the Misdemeanors in any of the said Sections inentioned by any Evidence whatever in respect of any Act done by him, if he shall at any Time previously to his being charged with such Offence have first disclosed such Act on Oath, or 'Declaration in consequence of any compulsory Process of any Court, of Law or Equity in any Action, Suit, or Proceeding which shall have been bond fide instituted by any Party aggrieved, or if he shall have first disclosed the same in compulsory Examination or Deposition before any Court upon the Hearing of any Matter in Bankruptcy.
No Remedy at Law or in Equity shall be affected.
Convictions
any
71. Nothing in any of the last Eleven preceding Sections of this Ordinance con- tained, nor any Proceeding, Conviction, or Judgment to be had or taken thereon against any Person under any of the said Sections, shall prevent, lessen, or impeach any Reinedy at Law or in Equity which any Party aggrieved by any Offence against any of the said shall Sections might have had if this Ordinance had not been passed; but no Conviction of any such Offender shall be received in Evidence in any Action at Law or Suit in Equity against him; and nothing in the said Sections contained shall affect or prejudice any Agreement entered into or Security given by any Trustee, having for its Object the Restoration or Repayment of any Trust Property misappropriated.
not be Evidence in Civil Suits,
False Pretences.
cause the Offence a- mounts to Larceny.
As to obtaining Money, &c., by False Pretences.
72. Whosoever shall by any false Pretence obtain from any other Person any Chattel, Money, or valuable Security, with Intent to defraud, shall be guilty of a Misdemeanor, and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for the Term of Three Years,or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary No Acquittal be. Confinement:-Provided, that if upon the Trial of any Person indicted for such Mis- demeanor it shall be proved that he obtained the Property in question in any such Man- ner as to amount in Law to Larceny, he shall not by reason thereof be entitled to be acquitted of such Misdemeanor; and no Person tried for such Misdemeanor shall be Form of Indicment liable to be afterwards prosecuted for Larceny upon the same Facts:-Provided also, that it shall be sufficient in any Indictinent for obtaining or attempting to obtain any such Property by false Pretences to allege that the Party accused did the Act with Intent to defraud, without alleging an Intent to defraud any particular Person, and without alleging any Ownership of the Chattel, Money, or valuable Security; and on the Trial of any such Indictment 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.
and Evidence.
Where any Money
be paid or delivered,
73. Whosoever shall by any false Pretence cause or procure any Money to be paid, or Thing is caused to or any Chattel, or valuable Security, to be delivered to any other Person, for the Use or &c., to any Person Benefit or on account of the Person making such false Pretence, or of any other Person, other than the Person with Intent to defraud, shall be deemed to have obtained such Money, Chattel, or valuable
Security within the Meaning of the last preceding Section.
making the false Pre-
tence.
2