472 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.
Or publishing 8. If any director, manager, or public officer of any body corporate or public
fraudulent
statements, guil company shall make , circulate, or publish, or concur in making , circulating, or publish
ty of misdemean
or.
ing, 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.
Persons receiv 9. If any person shall receive any chattel, money, or valuable security which shall
ing property
fraudulently have been so fraudulently disposed of as to render the party disposing thereof guilty
disposed of,
knowing the of a misdemeanor under any of the provisions of this Ordinance, knowing the same to
same to have
been so, guilty
of misdemeanor. 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.
Punishment for 10. Every person found guilty of a misdemeanor under this Ordinance, shall be
a misdemeanor
under this Or liable, at the discretion of the Court, to be kept in penal servitude for the term of
dinance.
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 11. Nothing in this Ordinance contained shall enable or entitle any person to
exempt from
answering ques refuse to make a full and complete discovery by answer to any bill in Equity or to
tions in any pro
ceedings in the
Supreme Court ; answer any question or interrogatory in any civil proceeding in the Supreme Court of
evidence not ad
missible in pro Hongkong, and whether in the Common Law, Equitable, Probate, or Insolvency
secutions under
this Ordinance . 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 12. Nothing in this Ordinance contained , nor any proceeding, conviction, or
Law or in Equity
shall be affected. 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
Convictions shall passed ; but no conviction of any such offender shall be received in evidence in any
not be received
in evidence in action at Law or suit in Equity against him ; and nothing in this Ordinance contained
civil suits.
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 13. No proceeding or prosecution for any offence included in the first section, but
shall be con
menced without
the sanction of not included in any other section of this Ordinance, shall be commenced without the
the Attorney
General. sanction of the Attorney General.
If offence 14. If upon the trial of any person under this Ordinance it shall appear that the
amounts to lar
ceny, person not offence proved amounts to larceny, he shall not by reason thereof be entitled to be
to be acquitted
of a misdemean acquitted of a misdemeanor under this Ordinance.
or.