488
Or wilfully destroying Books, &c.;
Or publishing fraudulent Statements, guilty of Misdemeanor.
Persons receiving
ly disposed of, known-
cause or direct to be made a full and true Entry thereof in the Books and Accounts of such Body Corporate or Public Company, he shall be guilty of a Misdemeanor.
VII. If any Director, Manager, Public Officer, or Member of any Body Corporate or Public Company shall, with Intent to defraud, destroy, alter, mutilate, or falsify any of the Books, Papers, Writings, or Securities belonging to the Body Corporate or Public Company of which he is a Director or Manager, Public Officer, or Member, or make or 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.
VIII. 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.
IX. If any Person shall receive any Chattel, Money, or valuable Security which Property 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.
Misdemeanor.
Punishment for a
X. 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.
No Person exempt
XI. 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.
No Remedy at Law or in Equity shall be affected.
XII. 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; Convictions shall not 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.
No Prosecution
shall be commenced
XIII. 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.
If Offence amounts
not to be acquitted of
XIV. 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.
a Misdemeanor.
Costs of Prosecutions.
Misdemeanors not triable at Petty Sessions.
Interpretation of certain Terms.
XV. In every Prosecution for any Misdemeanor against this Ordinance the Court may allow the Expenses of the Prosecution in all respects as in Cases of Felony.
XVI. Misdemeanors against this Ordinance shall be prosecuted or tried at the Supreme Court only.
XVII. The Word "Trustee" shall in this Ordinance mean a Trustee on some express Trust created by some Deed, Will, or Instrument in Writing, and shall also include the Heir and Personal Representative of any such Trustee, and also all Executors and Administrators, Liquidators, under the Joint Stock Companies Acts of the Imperial Parliament, and all Assignees in Bankruptcy and Insolvency:
The Word "Property" shall include every Description of Real and Personal Property, Goods, raw or other Materials, Money, Debts, and Legacies, and all Deeds and Instruments relating to or evidencing the Title or Right to any Property, or giving a Right to recover or receive any Money or Goods; and such Word "Property" shall also denote and include not only such Real and Personal Property as may have been the original Subject of a Trust, but also any Real or Personal Property into which the same may have been converted or exchanged, and the Proceeds thereof respectively, and anything acquired by such Proceeds.
HERCULES G. R. ROBINSON.
Passed the Legislative Council of Hongkong, the 30th Day of April, 1860.
J. D'ALMADA E CASTRO, Clerk of Councils.