HONGKONG
487
It is explained by the Law Officer's Report enclosed herein.
I have the honor to be,
My Lord Duke, Your Grace's
Most Obedient Servant,
20 March
MON
ANNO VICESIMO TERTIO
VICTORIÆ REGINÆ.
By His Excellency SIR HERCULES GEORGE ROBERT ROBINSON, Knight, Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice-Admiral of the same, with the Advice of the Legislative Council of Hongkong.
13 Day.
No. 9 of 1860.
An Ordinance to make better Provision for the Punishment of Frauds committed by Trustees, Bankers, and other Persons intrusted with Property. [30th April, 1860.]
WHEREAS it is expedient to make better Provision for the Punishment of Frauds committed by Trustees, Bankers, and other Persons intrusted with Property: Be it enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council of Hongkong, as follows:
I. If any Person being a Trustee of any Property for the Benefit, either wholly or partially, of some other Person, or for any public or charitable Purpose, shall, with Intent to defraud, convert, or appropriate the same or any Part thereof to or for his own Use or Purposes, or shall, with Intent aforesaid, otherwise dispose of or destroy such Property or any Part thereof, he shall be guilty of a Misdemeanor.
II. If any Person being a Banker, Merchant, Broker, Attorney, or Agent, and being intrusted for safe Custody with the Property of any other Person, shall, with Intent to defraud, sell, negotiate, transfer, pledge, or in any Manner convert or appropriate to or for his own Use such Property or any Part thereof, he shall be guilty of a Misdemeanor.
III. If any Person intrusted with any Power of Attorney for the Sale or Transfer of any Property shall fraudulently sell or otherwise convert such Property or any Part thereof to his own Use or Benefit, he shall be guilty of a Misdemeanor.
IV. If any Person, being a Bailee of any Property, shall fraudulently take or convert the same to his own Use, or the Use of any Person other than the Owner thereof, although he shall not break Bulk or otherwise determine the Bailment, he shall be guilty of Larceny.
V. If any Person, being a Director, Member, Public Officer, or Manager of any Body Corporate or Public Company, shall fraudulently take or apply, for his own Use, any of the Money or other Property of such Body Corporate or Public Company, he shall be guilty of a Misdemeanor.
VI. If any Person being a Director, Public Officer, or Manager of any Body Corporate or Public Company, shall as such receive or possess himself of any of the Money or other Property of such Body Corporate or Public Company otherwise than in Payment of a just Debt or Demand, and shall, with Intent to defraud, omit to make or to cause to be made, a true and faithful Entry thereof in the Books or Accounts of such Body Corporate or Public Company, or shall make or cause to be made a false Entry therein, he shall be guilty of a Misdemeanor.