348
Description of Ius- truments in Inform- ation for Forgery.
Description of Ins-
ation for engraving, &c.
THE HONGKONG GOVERNMENT GAZETTE, 17TH JUNE, 1865.
41. In any Information for forging, altering, offering, uttering, disposing of o putting off any Instrument it shall be sufficient to describe such Instrument by any Name or Designation by which the same may be usually known, or by the Purport thereof, without setting out any Copy or Fac-simile thereof, or otherwise describing
the same or the Value thereof.
42. In any Information for engraving or making the whole or any Part of any truments in luform Instrument, Matter, or Thing whatsoever, or for using or having the unlawful 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 Naine of Designation by which the same may be usually known, without setting out any Copy or Fac-simile of the whole or any Part of such Instrument, Matter, or Thing.
Intent to defraud, particular Persons
43. It shall be sufficient, in any Information for forging, altering, uttering, offering, need not be averred. disposing of or putting off any 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.
Interpretation as to criminal Possession.
Implements employed
ments.
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 Possession 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 occupied by himself or not, and whether such Matter, shall be so had for his own Use or for the Use or Benefit of another, every such Person shall be deemed and taken to have such Matter in his Custody or Possession within the Meaning of this Ordinance.
Search for Paper or 45. If it shall be made to appear, by Information on Oath Affirmation or Declaration in any Forgery, and before a Justice of the Peace, that there is reasonable Cause, to believe that any Person for forged Instru- has in his Custody or Possession, without lawful Authority or Excuse, any Note er Bill of the Governor and Company of the Bank of England or Ireland, or of any Body Corporate, Company, or Person carrying on the Business of Bankers, or any Frame, Mould, or Implement for making Paper in imitation of the Paper used for such Notes or Bills, or any such Paper, or any Plate, Wood, Stone, or other Material having thereon any Words, Forms, Devices, or Characters capable of producing or intended to produce the Impression of any such Note or Bill, or any Part thereof, or any Tool, Implement. or Material used or employed or intended to be used or employed in or about any of the Operations aforesaid, or any forged Security, Document, or Instrument whatsoever, or any Machinery, Frame, Mould, Plate, Die, Seal, Paper, or other Matter or Thing used or employed or intended to be used or employed in the Forgery of any Security. Document, or Instrument whatsoever, such Justice may, if he think fit, grant a Warrant to search for the same; and if the same shall be found upon such Search, it shall i lawful to seize and carry the same before a Police Magistrate, to be by him disposed according to Law; and all such Matters and Things so seized as aforesaid shall by Orde of the Court where any such Offender shall be tried, or in case there shall be no su Trial then by Order of a Police Magistrate, be defaced and destroyed or otherwis disposed of as such Court or Justice shall direct.
Other Punishments substituted for those of 5 Eliz. c. 14.
46. Whosoever shall after the Commencement of this Ordinance be convicted of a Offence which shall have been subjected by any Enactment or Enactments in Force this Colony to the same Pains and Penalties as are imposed by the Act of the Imper Parliament passed in the Fifth Year of the Reign of Queen Elizabeth, intituled An against Forgers of false Deeds and Writings for any of the Offences first enumerated the said Act, shall be guilty of Felony, and shall, in lieu of such Pains and Penalties. liable, at the Discretion of the Court, to be kept in Penal Servitude for any Term exceeding Fourteen Years and not less than Three Years, or to be imprisone! any Term not exceeding Two Years, with or without Hard Labour, and with or witho Solitary Confinernent.