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244
Receivers of Pro- perty where the Prin-
THE HONGKONG GOVERNMENT GAZETTE, 13TH MAY, 1865.
Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement, and, if a Male under the Age of Sixteen Years, with or without Whipping.
SO. Where the stealing or taking of any Property whatsoever is by this Ordinance cipal is punishable on punishable on Summary Conviction, either for every Offence, or for the First and Summary Conviction. Second Offence only, or for the First Offence only, any Person who shall receive any such Property, knowing the same to be unlawfully come by, shall on Conviction thereof before a Police Magistrate be liable, for every First, Second, or subsequent Offence of receiving, to the saine Forfeiture and Punishment to which a Person guilty of a First, Second, or subsequent Offence of stealing or taking such Property is by this Ordinance made liable.
Principals in the so-
cessories.
Punishment of 81. In case of every Felony punishable under this Ordinance every Principal in cond degree and Ac- the Second Degree, and every Accessory before the Fact, shall be punishable in the
same Manner as the Principal in the First Degree is by this Ordinance punishable;- and every Accessory after the Fact to any Felony punishable under this Ordinance (except only a Receiver of stolen Property) shall, on Conviction, be liable, at the Discretion of the Court, to be imprisoned for any Tern not exceeding Two Years, with Abettors in Misde- or without Hard Labour, and with or without Solitary Confinement;--and every Person who shall aid, abet, counsel, or procure the Commission of any Misdemeanor punishable under this Ordinance shall be liable to be indicted and punished as a principal Offender.
meanors.
Abettors in Offences punishable on Summa- ry Conviction.
The Owner of stolen
Thief or Receiver
Restitution of his Pro- perty.
82. Whosoever shall aid, abet, counsel, or procure the Commission of any Offence which is, by this Ordinance punishable on Summary Conviction, either for every Time of its Commission, or for the First and Second Time only, or for the First Time only, shall on Conviction before a Police Magistrate, be liable, for every First, Second, or subsequent Offence of aiding, abetting, counselling, or procuring, to the same Forfeiture and Punishment to which a Person guilty of a First, Second, or subsequent Offence as a principal Offender is by this Ordinance made liable.
As to Restitution and Recovery of stolen Property:
83. If any Person guilty of any such Felony or Misdemeanor as is mentioned in Property prosecuting this Ordinance, in stealing, taking, obtaining, extorting, embezzling, converting, or Conviction shall have disposing of, or in knowingly receiving, any Chattel, Money, valuable Security, or other Property whatsoever, shall be indicted for such Offence, by or on the Behalf of the Owner of the Property, or his Executor or Administrator, and convicted thereof, in such Case the Property shall be restored to the Owner or his Representative; and in every Case in this Section aforesaid the Court before whom any Person shall be tried for any such Felony or Misdemeanor shall have Power to order the Restitution thereof in a summary Manner: Provided, that if it shall appear before any Award or Order made that any valuable Security shall have been bont fide paid or discharged by some Person or Body Corporate liable to the Payment thereof, or being a negotiable Instrument shall have been bonâ fide taken or received by Transfer or Delivery, by some Person or Body Corporate, for a just and valuable Consideration, without any Notice or without any reasonable Cause to suspect that the same had by any Felony or Misdemeanor been stolen, taken, obtained, extorted, embezzled, converted, or disposed of, in such Not to apply to Case the Court shall not award or order the Restitution of such Security: Provided Prosecution of Trus- also, that nothing in this Section contained shall apply to the Case of any Prosecution of any Trustee, Banker, Merchant. Attorney, Factor, Broker, or other Agent intrusted with the Possession of Goods or Document of Title to Goods for any Misdemeanor against this Ordinance.
tees, &c.
Taking a Reward
covery of stolen Pro-
84. Whosoever shall corruptly take any Money or Reward, directly or indirectly. for helping to the Re- under pretence or upon account of helping any Person to any Chattel. Money, valuable perty witout bringing Security, or other property whatsoever which shall by any Felony or Misdemeanor have the Offender to Trial. been stolen, taken, obtained, extorted, embezzled, converted or disposed of, as in this
Ordinance before mentioned, shall (unless he shall have used all due Diligence to cause the Offender to be brought to Trial for the same), be guilty of Felony, and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal servitude t any Term not exceeding Seven Years and not less than Three Years, or to be imprison for any Term not exceeding Two Years, with or without Hard Labour, and with without Solitary Confinement, and, if a Male under the Age of Sixteen Years, with or without Whipping.