34
Convention Article No.
8
Table, Continued.
Remarks.
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his Article provides that each of the acts mentioned in Article 3, if they are committed in different countries, should be considered as a distinct offence. It appears that in some countries the counterfeiting of currency followed by the utter- ing thereof is regarded as only one offence, and in consequence, in the case of such countries, there might be difficulty in prosecuting a man who counterfeited in one country and uttered in another. Under the law of the Colony of Hong Kong counterfeiting and uttering are two distinct offences. No legislation is required therefore to give effect to this Article.
This Article provides that no distinction should be made in the scale of punishments for offences referred to in Articles 3 between acts relating to domestic currency on the one hand and to foreign currency on the other; and that this pro- vision may not be made subject to any condition of reciprocal treatment by law or by treaty.
Effect is given to this Article as respects paper money by Ordinance No. 11 of 1922 as amended by Ordinance No. 11 of 1924 which put bank notes and currency notes whether British or foreign in the same position for all the purposes of the Forgery Ordinance, No. 11 of 1922. respects metal money, effect is given to the Article by section 3 (1) and (2) of the new Ordin- ance, which put foreign coin in the same position as British coin for the purposes of the Coinage Offences Ordinance, No. 7 of 1865.
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This Article provides that, in countries where the principle of the international recognition of pre- vious convictions is recognised, foreign convic- tions for the offences referred to in Article 3 should, within the conditions prescribed by domestic law, be recognised for the purpose of establishing habitual criminality.
The law of this Colony does not recognise the prin- ciple of international recognition of previous con- victions so that this Article calls for no change in our law.
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This Article provides that in so far as civil parties
are admitted under the domestic law, foreign civil parties ", including, if necessary, the High Contracting Party whose money has been counterfeited, should be entitled to all rights allowed to inhabitants by the laws of the country in which the case is tried.
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The law of this Colony does not admit civil parties", and therefore this Article does not apply.
This Article provides that in countries where the principle of the extradition of nationals is not recognised, nationals who have returned to the territory of their own country, after the com- mission abroad of an offence referred to in Article 3 should be punishable in the same manner as if the offence had been committed in their own territory, even in a case where the offender has