1968-HKRS29-8-35_Part03 — Page 16

Conspiracy.

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necessary) into the place or premises specified in the order and-

(1) evict therefrom any person who may under sub- section (2) be treated as a trespasser; and

(i) remove therefrom anything belonging to or in the possession of any such person.

(b) The powers given by this subsection shall be in addition to and not in derogation of any powers conferred by or under any other law.

(4) If, within twelve months after service of a notice under subsection (1), an offence under section 4, 6, 7 or 35 is proved to have been committed by the same or any other person in or on or in respect of such place or premises or such part thereof, the person on whom the notice was served, or the company where the notice was served on the secretary or manager thereof, sball be guilty of an offence and shall be liable on conviction to a fine of ter thousand dollars unless such person or company proves that he or it neither knew nor had reasonable means of knowing that such offence had been committed.

(5) A document purporting to be a copy of the records or part of the records of the Land Office and purporting to be certified by or on behalf of the Land Officer shall be admitted in evidence in any proceedings under this section on its production by the prosecution without further proof, and-

(a) until the contrary is proved, it shall be presumed-

() that the document is a true copy of the records or part of the records of the Land Office; and

(ii) that the document is certified by or on behalf of the Land Officer; and

(b) such document shall be prima facie evidence of all

matters contained therein.

(6) In this section, "tenaot" includes any sub-tenant and "tenancy" includes any sub-tenancy.

PART VI

CONSPIRACY TO COMMIT OFFENCE UNDER ÖRDINANCE,

FALSE STATEMENTS, AIDING, ETC. OFFENCE UNDER CORRESPONDING LAW, JOINT TRIAL IN CERTAIN CASES AND CONVICTION OF OTHER OFFENCES.

39. Any person convicted of conspiracy to commit an offence under this Ordinance shall be liable to the penalty prescribed for that offence and any special rules of evidence which apply with

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respect to the proof of that offence under this Ordinance shall apply in like manner to the proof of conspiracy to commit such offence.

40. (1) Any person who-

(a) for the purpose of obtaining, whether for himself or for any other person, the issue or renewal of a licence or certificate under this Ordinance, makes any declaration or statement which is false in a material particular; (b) knowingly utters, produces or makes use of any such declaration or statement or a document containing any such declaration or stalement; or

(c) aids, abets, counsels or procures the commission in a place outside Hong Kong of an offence punishable under a corresponding law in force in that place, or does an act preparatory to, or in furtherance of, an act which if committed in Hong Kong would constitute an offence under section 4 or 6,

shall be guilty of an offence.

(2) Any person who is guilty of an offence under paragraph (a) or (b) of subsection (1) shall be liable on conviction to a fine of ten thousand dollars and to imprisonment for three years.

(3) Any person who is guilty of an offence under paragraph (c) of subsection (3) shall be liable-

(d) on conviction on indictment, to a fine of one hundred thousand dollars and to imprisonment for fifteen years; and

(b) on summary conviction, to a fine of ten thousand dollars

and to imprisonment for three years.

41. Notwithstanding anything in the Magistrates Ordinance or any other law, where it is alleged that two or more persons have committed distinct offences under section 4, 8, 35 or 36 in the same place and at about the same time, the charges for such offence against such persons may be tried together.

False state meals, and aiding, abetting. etc. offence under corrs- sponding law. 1965, 4, 14, 4, 13.

Joint cial of offences in

certain cases. (Cap. 227)

offence other than that charged. Third Schedule,

42. (1) If on the trial of a charge for an offence specified Conviction of in the second column of the Third Schedule the defendant is acquitted, but it is proved that the defendant is guilty of any offence specified opposite thereto in the third column of that Schedule or of being a party to any such offence, he shall be con- victed of such offence or of being a party to any such offence and shall be liable to be punished accordingly.

(2) The references in the Third Schedule to numbered sections and subsections shall be construed to include every offence under the section or subsection so numbered in this Ordinance.