Evidence and procedure onl charge of the‡L handling stolen goods, and obtaining by deception.
1968, c. 60, s. 27.
14
(5) This section is to be construed in accordance with section 26 and in subsection (2) of this section the references to handling stolen goods shall include any corresponding offence committed before the commencement of this Ordinance.
29. (1) Any number of persons may be charged in onc indictment, information or charge with reference to the same theft, with having at different times or at the same time handled all or any of the stolen goods, and the persons so charged may be tried together.
(2) On the trial of two or more persons charged or indicted for jointly handling any stolen goods, the court or jury may find any one of the accused guilty if the court or jury is satisfied that he handled all or any of the stolen goods, whether or not he did so jointly with the other accused or any of them.
(3) Where a person is being proceeded against for handling stolen goods (but not for any offence other than handling stolen goods), then at any stage of the proceedings, if evidence has been given of his having or arranging to have in his possession the goods the subject of the charge, or of his undertaking or assisting in, or arranging to undertake or assist in, their retention, removal, disposal or realization, the following evidence shall be admissible for the purpose of proving that he knew or believed the goods to be stolen goods—
(a) evidence that he has had in his possession, or has under- taken or assisted in the retention, removal, disposal or realization of, stolen goods from any theft taking place not earlier than twelve months before the offence charged; and
(b) (if seven days notice in writing has been given to him of the intention to prove the conviction) evidence that he has within the five years preceding the date of the offence charged been convicted of theft or of handling stolen goods.
(4) In any proceedings for the theft of anything in the course of transmission (whether by post or otherwise), or for handling stolen goods from such a theft, a statutory declaration made by any person that he despatched or received or failed to receive any goods or postal packet, or that any goods or postal packet, when despatched or received by him were in a particular state or condition, shall be admissible as evidence of the facts stated in the declaration, subject to the following conditions—
(d) a statutory declaration shall only be admissible where and to the extent to which oral evidence to the like effect would have been admissible in the proceedings; and
15
(b) a statutory declaration shall only be admissible if at least seven days before the hearing or trial a copy of it has been given to the person charged, and he has not, at least three days before the hearing or trial or within such further time as the court may in special circumstances allow, given the prosecutor written notice requiring the attendance at the hearing or trial of the person making the declaration.
(5) This section is to be construed in accordance with sec- tion 26, and in paragraph (6) of subsection (3) of this section the reference to handling stolen goods shall include any corresponding offence committed before the commencement of this Ordinance.
(6) In any proceedings for obtaining property or pecuniary advantage by deception under section 17 or 18-
(a) any person who obtains property or pecuniary advantage by means wholly or in part of a cheque or other bill of exchange which is refused payment upon presentation on or after becoming due shall, until the contrary is proved, be deemed to have obtained the property or pecuniary advantage with knowledge that such cheque or other bill of exchange would not be honoured;
(6)
where-
(i) any cheque or other bill of exchange bears any writing purporting to be written by or on behalf of the bank or other person on whom the cheque or bill of exchange was drawn and indicating that payment of the cheque or bill of exchange was refused upon presentation on or after becoming due; or
(ii) any document purporting to be made by or on behalf of the bank or other person on whom any cheque or bill of exchange was drawn bears any writing indicat- ing that payment of the cheque or bill of exchange was refused upon presentation on or after becoming due, then payment of the cheque or bill of exchange shall, until the contrary is proved, be deemed to have been so refused:
(c) the provisions of this subsection shall apply whether or not the bank or other person on whom the cheque or bill of exchange was drawn carries on business in Hong Kong and whether the writing was written on the cheque or bill of exchange or the document within or outside Hong Kong: