ORDINANCE No. 9 OF 1860 . 471
Fraudulent Trustees, &c.
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. ]
HEREAS it is expedient to make better provision for the punishment of frauds Preamble.
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 :
1. If any person being a trustee of any property for the benefit, either wholly or Trustees fraudu
lently disposing
partially, of some other person , or for any public or charitable purpose, shall , with of property guil
ty of a misde
intent to defraud, convert, or appropriate the same or any part thereof to or for his meanor.
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.
2. If any person being a banker, merchant, broker, attorney, or agent , and being Bankers, & c.
fraudulently se!
intrusted for safe custody with the property of any other person, shall, with intent to ling, &c., proper
ty intrusted to
their care, guilty
defraud, sell, negotiate, transfer, pledge, or in any manner convert or appropriate to or of misdemeanor.
for his own use such property or any part thereof, he shall be guilty of a misdemeanor.
3. If any person intrusted with any power of attorney for the sale or transfer of Persons under
powers of attor
any property shall fraudulently sell or otherwise convert such property or any part ney fraudulently
selling property
guilty of misde
thereof to his own use or benefit, he shall be guilty of a misdemeanor. meanor.
4. If any person , being a bailee of any property, shall fraudulently take or convert Bailees frandu
lently converting
the same to his own use, or the use of any person other than the owner thereof, property to their
own use guilty
of larceny.
although he shall not break bulk or otherwise determine the bailment, he shall be
guilty of larceny.
5. If any person, being a director, member, public officer, or manager of any body Directors, & c.,
of any body cor
corporate or public company, shall fraudulently take or apply, for his own use, any of porate or public
company frau
dulently appro
the money or other property of such body corporate or public company, he shall be priating pro
perty ;
guilty of a misdemeanor.
6. If any person being a director, public officer, or manager of any body corporate Or keeping
frandulent
or public company, shall as such receive or possess himself of any of the money or accounts ;
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
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.
7. If any director, manager, public officer, or member of any body corporate or Or wilfully de
stroying books,
public company shall, with intent to defraud, destroy, alter, mutilate, or falsify any of &c.;
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