CO129-077 - Sir Robinson - 1860 [1-6] — Page 500

HONGKONG

487

It is explained by the Law Officer's Report enclosed herein._

I have the honor to be,

My Lord Duke; Your Grace's

Most Obedient Servant,

20 میرا

MON

ANNO VICESIMO TERTIO

VICTORIE REGINE.

By His Excellency SIR HERCULES GEORGE ROBERT ROBINSON, Knight, Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice-Admiral of the same, with the Advice of the Legislative Council of Hongkong.

Sa T. Rogen 13 Day.

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Robinson

No. 9 of 1860.

An Ordinance to make better Provision for the Punishment of Frauds com- mitted by Trustees, Bankers, and other Persons intrusted with Property. [30th April, 1860.]

WHEREAS it is expedient to make better Provision for the Punishment of Frauds Preamble.

committed by Trustees, Bankers, and other Persons intrusted with Property: Be

it enacted by His Excellency the Governor of Hongkong, with the Advice of the Legisla-

tive Council of Hongkong, as follows:---

perty guilty of a Mis-

I. If any Person being a Trustee of any Property for the Benefit, either wholly or Trustees fraudulent- partially, of some other Person, or for any public or charitable Purpose, shall, with In-1y disposing of Pro- tent to defraud, convert, or appropriate the same or any Part thereof to or for his own demeanor. Use or Purposes, or shall, with Intent aforesaid, otherwise dispose of or destroy such Property or any Part thereof, he shall be guilty of a Misdemeanor.

Property intrusted to

Misdemeanor.

II. If any Person being a Banker, Merchant, Broker, Attorney, or Agent, and be- Bankers, &c., fraudu- ing intrusted for safe Custody with the Property of any other Person, shall, with Intent lently selling, &c.; to defraud, sell, negotiate, transfer, pledge, or in any Manner convert or appropriate to or their Care, guilty of for his own Use such Property or any Part thereof, he shall be guilty of a Misdemeanor. III. If any Person intrusted with any Power of Attorney for the Sale or Transfer of any Property shall fraudulently sell or otherwise convert such Property or any Part thereof to his own Use or Benefit, he shall be guilty of a Misdemeanor.

Persons under Powers of Attorney

fraudulently selling Property guilty of Misdemeanor,

Bailees fraudulent-

ty to their own Use

IV. If any Person, being a Bailee of any Property, shall fraudulently take or con- vert the same to his own Use, or the Use of any Person other than the Owner thereof, ly converting Proper- although he shall not break Bulk or otherwise determine the Bailment, he shall be guilty guilty of Larceny. of Larceny.

V. If any Person, being a Director, Member, Public Officer, or Manager of any Directors, &c., of Body Corporate or Public Company, shall fraudulently take or apply, for his own Use, any Body Corporate any of the Money or other Property of such Body Corporate or Public Company, he fraudulently appro- shall be guilty of a Misdemeanor.

or Public Company

priating Property;

lent Accounts;

VI. If any Person being a Director, Public Officer, or Manager of any Body Cor- or keeping fraudu- porate or Public Company, shall as such receive or possess himself of any of the Money or other Property of such Body Corporate or Public Company otherwise than in Pay- ment of a just Debt or Demand, and shall, with Intent to defraud, omit to make or to