212
Personation
in order to obtain property.
37 & 38 Vict. c. 36 ss. 1, 2.
Receiving stolen property where principal is guilty of felony.
24 & 25 Vict. c. 96 s. 91.
Receipt or possession of property
No. 5.] THE ORDINANCES OF HONGKONG. [A.D. 1865.
yerted into or used or dealt with as a valuable security, shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable, at the discretion of the Court, to imprisonment with hard labour for the term of three years or to imprisonment for any term not exceeding two years with or without hard labour and with or without solitary confinement.
78.(1.) Every person who falsely and deceitfully personates any person, or the heir, executor, or administrator, wife, widow, next of kin, or relation of any person, with intent fraudulently to obtain any land, estate, chattel, money, valuable security, or property, shall be guilty of felony, and, being convicted thereof, shall be liable, at the discretion of the Court, to imprisonment with hard labour for life or for any term not less than three years or to imprisonment for any term not exceeding two years, with or without hard labour and with or without solitary confinement.
(2.) Nothing in this section shall prevent any person from being proceeded against and punished under any other enactment or at common law in respect of an offence, if any, punishable as well under this section as under any other enactment or at common law.
Receiving Stolen Property,
79.—(1.) Every person who receives any chattel, money, valuable security, or other property whatsoever, the stealing, taking, extorting, obtaining, embezzling, or otherwise disposing whereof amounts to a felony, either at common law or by virtue of this Ordinance, knowing the same to have been feloniously stolen, taken, extorted, obtained, embezzled, or disposed of, shall be guilty of felony, and may be indicted and convicted either as an accessory after the fact or for a substantive felony, and, in the latter case, whether the principal felon has or has not been previously convicted or is or is not amenable to justice.
(2.) Every such receiver, however convicted, shall be liable, at the discretion of the Court, to imprisonment with hard labour for any term not exceeding fourteen years and not less than three years or to imprisonment for any 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: Provided that no person, however tried for receiving as aforesaid, shall be liable to be prosecuted a second time for the same offence.
80.--(1.) Every person who, without lawful excuse, receives or has in his possession, in this Colony, any property stolen outside the Colony, stolen abroad, knowing such property to have been stolen, shall be liable to imprisonment for any term not exceeding seven years, with or without hard labour.
59 & 60 Vict. c. 52 s. 1.
A.D. 1865.
(2.) For the purposes of this section, property shall be deemed to have been stolen if it has been stolen, obtained by fraud, or otherwise acquired or disposed of in such circumstances that if the act had been committed in this Colony, it would have amounted to felony or misdemeanor.
(3.) And if any person, having in his possession or custody any such property, fails to account for the same to the satisfaction of the Court, it shall be deemed to be evidence that he received the same knowing it to have been stolen.
81. Whoever receives or has in his possession any property that has been stolen, or obtained by fraud or other means, shall be liable to be dealt with, punished, and tried as if he had stolen the same, or as if he had committed the felony or misdemeanor in respect of the property, and shall be liable to the same punishment.
82. When any person is convicted of receiving any property that has been stolen, embezzled, or otherwise obtained in such circumstances as to amount to felony or misdemeanor under this Ordinance, it shall be lawful for the Court to order the restitution of the property to the owner or to any other person entitled to the possession thereof, in the same manner as if the principal offender had been convicted and was in custody or amenable to justice.
83. If, upon the trial of any person for receiving stolen property, the jury are not satisfied that the prisoner is guilty of receiving the same, but are satisfied that he is guilty of stealing the same, they may find him guilty of the larceny, and he shall be liable to be punished accordingly.
84. (1.) Every person who receives, conceals, or disposes of any chattel, money, valuable security, or other property whatsoever, with intent to convert the same to his own use or benefit, knowing the same to have been stolen, embezzled, or otherwise obtained or disposed of in such circumstances as to amount to felony or misdemeanor under this Ordinance, knowing it to have been so obtained or disposed of, shall be guilty of felony or misdemeanor, and may be indicted and convicted either as an accessory after the fact or for a substantive felony or misdemeanor, and, in the latter case, whether the principal offender has or has not been previously convicted or is or is not amenable to justice.
(2.) Every such offender, however convicted, shall be liable, at the discretion of the Court, to imprisonment with hard labour for any term not exceeding fourteen years or to imprisonment for any term not exceeding two years, with or without hard labour.