1964-HKRS28-8-31_Part02 — Page 7

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3, Section 50 of the principal Ordinance is repealed and replaced of section 50. by the following

Repeal and replacement

**False pretences and fraud.

50. (1) Any person who by any false pretence or by means of any other fraud whether or not such false pre- tence or other fraud was the sole or main inducement-

(a) with intent to defraud, obtains from any other person credit or any chattel, money or valuable security or causes or procures credit to be given, money to be paid or any chattel or valuable security to be delivered to himself or to any other person for the use or benefit or on account of himself or any other person; or

(b) with intent to defraud or injure any other person.

causes or induces any other person-

(i) to execute, make, accept, endorse, or de- stroy the whole or any part of any valuable security; or

(ii) to write, impress, or affix his name or the name of any other person, or the seal of any body corporate or society upon any paper or parchment in order that the same may be afterwards made or converted into, or used or dealt with as, a valuable security,

shall be guilty of felony and on conviction thereof liable to imprisonment for ten years.

(2) In this section false pretence includes a false pre- tence or false representation relating to the past, the present or the future and a false statement or false representation of intention or opinion.

(3) In this section obtaining credit includes incurring a liability or an obligation to pay money, supply goods. render services or do any other thing and causing or pro- curing credit to be given shall be construed similarly.

(4) An information, charge or indictment charging an offence under this section may contain the words "false pretence or by means of any other fraud" and shall not thereby be regarded as charging more than one offence.

(5) Any person who obtains from any other person credit or any chattel, money or valuable security or causes or procures credit to be given, money to be paid or any chattel or valuable security to be delivered to himself or to

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any other person for the use or benefit or on account of himself or any other person 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 so to have obtained, caused or procured with knowledge that such cheque or other bill of exchange would not be honoured.".

Section 51 of the principal Ordinance is amended by the Amendment deletion of paragraph (a).

5.

of sextion 51.

Section 52 of the principal Ordinance is repealed and replaced Repeal and by the following-

replacement of section $2.

"Receiving.

$ & 7 Geo. 5, c. 30, a. 33.

6.

(a)

52. (1) Any person who receives any property know- ing the same to have been obtained in any way whatsoever under circumstances which amount to an indictable offence, shall be guilty of an offence and on conviction thereof liable to imprisonment for ten years.

(2) Any such person may be indicted and convicted, whether the principal offender has or has not been previ- ously convicted, or is or is not amenable to justice.

(3) Any person who, without lawful excuse, knowing the same to have been obtained in any way whatsoever under such circumstances that if the act had been com- mitted in this Colony the person committing it would have been guilty of an indictable offence, receives or has in his possession any property so obtained outside the Colony, shall be guilty of an offence and on conviction thereof liable to imprisonment for seven years.”.

Section 63 of the principal Ordinance is amended-

by the deletion of subsection (1) and the substitution therefor of the following-

*(1) In a prosecution for any offence under section 50 it shall not be necessary to prove an intent to defraud any particular person, but it shall be sufficient to prove that the defendant did the act charged with intent to defraud.":

(b) in subsection (2)—–—–

(i) by the insertion, after the words "An allegation in an". of the following-

"information, charge or";

Amendment

of section 63.