368
or publishing fraudu- lent Statemeats.
Questions in any
liable to Prosecution
sure,
THE HONGKONG GOVERNMENT GAZETTE, 24TH JUNE, 1865.
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 lo false in any material Particular, with Intent to deceive or defraud any Member, Share- holder, or Creditor of sucl: 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 for 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 Punishments 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 · empt from answering 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 Bankruptey; and no Person shall be liable to be convicted of any of the Misdemeanors in any of the said Sections mentioned 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 bona fide instituted by any Party aggrieved, 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 Bankruptcy.
No Remedy at Law
affected.
71. Nothing in any of the last Eleven preceding Sections of this Ordinance con- or in Equity shall be tained, nor any Proceeding, Conviction, or Judgment to be had or taken thercon against any Person under any of the said Sections, shall prevent, lessen, or impeach any Remedy at Law or in Equity which any Party aggrieved by any Offence against any of the said Convictions 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.
No Acquittal be- 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 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 liable to be afterwards prosecuted for Larceny upon the same Facts :---Provided also. Form of Information that it shall be sufficient in any Information 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 Information 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
or Thing is caused to
&c., to any Person
73. Whosoever shall by any false Pretence cause or procure any Money to be paid. be paid or delivered, or any Chattel, or valuable Security, to be delivered to any other Person, for the Use or 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.
Inducing Persons
Deeds and other In- struments.
e3.
74. Whosoever, with Intent to defraud or injure any other Person, shall by any
false by Fraud to execute Pretence fraudulently cause or induce any other Person to execute, make, accept,
dorse, or destroy the whole or any Part of any valuable Security, or to write, impress or affix his Name or the Name of any other Person, or of any Company, Firm, or Co partnership, or the Seal of any Body Corporate, Company, or Society, upon any Pat or Parchment, in order that the same may be afterwards made or converted into or us or dealt with as a valuable Security, shall be guilty of a Misdemeanor, and being victed thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servi
COA