472
Or publishing fraudulent statements, guilty of misdemeanor.
01.
Persons receiving property fraudulently disposed of, knowing the same to have been so, guilty of misdemeanor.
Punishment for a misdemeanor under this Ordinance.
No person exempt from answering questions in any proceedings in the Supreme Court; evidence not admissible in prosecutions under this Ordinance.
No remedy at Law or in Equity shall be affected.
Convictions shall not be received in evidence in civil suits.
No prosecution shall be commenced without the sanction of the Attorney General.
If offence amounts to larceny, person not to be acquitted of a misdemeanor.
ORDINANCE No. 9 OF 1860.
Fraudulent Trustees, &c.
concur in the making of any false entry, or any material omission in any book of account or other document, he shall be guilty of misdemeanor.
8. If any director, manager, or public officer of any body corporate 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, shareholder, 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 money or property to such body corporate or public company, or to enter into any security for the benefit thereof, he shall be guilty of a misdemeanor.
9. If any person shall receive any chattel, money, or valuable security which shall have been so fraudulently disposed of as to render the party disposing thereof guilty of a misdemeanor under any of the provisions of this Ordinance, knowing the same to have been so fraudulently disposed of, he shall be guilty of a misdemeanor, and may be indicted and convicted thereof, whether the party guilty of the principal misdemeanor shall or shall not have been previously convicted, or shall or shall not be amenable to justice.
10. Every person found guilty of a misdemeanor under this Ordinance, shall be liable, at the discretion of the Court, to be kept in penal servitude for the term of three years, or to suffer such other punishment, by imprisonment for not more than two years with or without hard labour, or by fine, as the Court shall award.
11. Nothing in this Ordinance contained shall enable or entitle any person to refuse to make a full and complete discovery by answer to any bill in Equity or to answer any question or interrogatory in any civil proceeding in the Supreme Court of Hongkong, and whether in the Common Law, Equitable, Probate, or Insolvency Jurisdiction thereof; but no answer to any such bill, question, or interrogatory shall be admissible in evidence against such person in any proceeding under this Ordinance.
12. Nothing in this Ordinance contained, nor any proceeding, conviction, or judgment to be had or taken thereon against any person under this Ordinance, shall prevent, lessen, or impeach any remedy at Law or in Equity which any party aggrieved by any offence against this Ordinance 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 this Ordinance 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.
13. No proceeding or prosecution for any offence included in the first section, but not included in any other section of this Ordinance, shall be commenced without the sanction of the Attorney General.
14. If upon the trial of any person under this Ordinance it shall appear that the offence proved amounts to larceny, he shall not by reason thereof be entitled to be acquitted of a misdemeanor under this Ordinance.
or,