CO129-192 - Governor Hennessy - 1881 [1-4] — Page 619

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All AI Reviewed

ORDINANCE No. 10. OF 1865.

Coinage Offences.

IV. Whosoever shall impair, diminish, or lighten any of the Queen's current Gold or Silver Coin, with Intent that the Coin so impaired, diminished, or lightened, may pass for the Queen's current Gold or Silver Coin, shall be guilty of Felony, and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for any Term not exceeding Fourteen Years, and not less than Three Years, or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement.

V. Whosoever shall unlawfully have in his Custody or Possession any Filings or Clippings, or any Gold or Silver Bullion, or any Gold or Silver in Dust, Solution, or otherwise, which shall have been produced or obtained by impairing, diminishing, or lightening any of the Queen's current Gold or Silver Coin, knowing the same to have been so produced or obtained, shall be guilty of Felony, and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for any Term not exceeding Seven Years, and not less than Three Years, or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement.

VI. Whosoever, without lawful Authority or Excuse (the Proof whereof shall lie on the Party accused), shall buy, sell, receive, pay, or put off, or offer to buy, sell, receive, pay, or put off, any false or counterfeit Coin, resembling or apparently intended to resemble or pass for any of the Queen's current Gold or Silver Coin, at or for a lower Rate or Value than the same imports or was apparently intended to import, shall be guilty of Felony, and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life, or for any Term not less than Three Years, or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement.

VII. Whosoever, without lawful Authority or Excuse (the Proof whereof shall lie on the Party accused), shall import or receive into this Colony from beyond the Seas, or from the Mainland of China, any false or counterfeit Coin, resembling or apparently intended to resemble or pass for any of the Queen's current Gold or Silver Coin, knowing the same to be false or counterfeit, shall be guilty of Felony, and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life, or for any Term not less than Three Years, or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement.

VIII. Whosoever, without lawful Authority or Excuse (the Proof whereof shall lie on the Party accused), shall export or put on board any Ship, Vessel, or Boat, for the Purpose of being exported from this Colony, any false or counterfeit Coin, resembling or apparently intended to resemble or pass for any of the Queen's current Coin, knowing the same to be false or counterfeit, shall be guilty of a Misdemeanor, and being convicted thereof shall be liable, at the Discretion of the Court, to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement.

IX. Whosoever shall tender, utter, or put off any false or counterfeit Coin resembling or apparently intended to resemble or pass for any of the Queen's current Gold or Silver Coin, knowing the same to be false or counterfeit, shall be guilty of a Misdemeanor, and being convicted thereof shall be liable, at the Discretion of the Court, to be imprisoned for any Term not exceeding One Year, with or without Hard Labour, and with or without Solitary Confinement.

X. Whosoever shall tender, utter or put off any false or counterfeit Coin resembling or apparently intended to resemble or pass for any of the Queen's current Gold or Silver Coin, knowing the same to be false or counterfeit, and shall at the Time of such tendering, uttering, or putting off, have in his Custody or Possession, besides the false or counterfeit Coin so tendered, uttered, or put off, any other Piece of false or counterfeit Coin resembling or apparently intended to resemble or pass for any of the Queen's current Gold or Silver Coin, or shall, either on the Day of such tendering, uttering, or putting off, or within the Space of Ten Days then next ensuing, tender, utter, or put off any false or counterfeit Coin resembling or apparently intended to resemble or pass for any of the Queen's current Gold or Silver Coin, knowing the same to be false or counterfeit, shall be guilty of a Misdemeanor, and being convicted thereof shall be liable, at the Discretion of the Court, to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement.

XI. Whosoever shall have in his Custody or Possession Three or more Pieces of false or counterfeit Coin resembling or apparently intended to resemble or pass for any of the Queen's current Gold or Silver Coin, knowing the same to be false or counterfeit, and with Intent to utter or put off the same or any of them, shall be guilty of a Misdemeanor, and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for the Term of Three Years, or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement.

XII. Whosoever, having been convicted, either before or after the passing of this Ordinance, of any such Misdemeanor as in any of the last Three preceding Sections mentioned, or of any Felony against this Ordinance or any former Enactment in Force in this Colony relating to the Coin, shall afterwards commit any of the Misdemeanors in any of the said Sections mentioned, shall be guilty of Felony.

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ORDINANCE No. 10. OF 1865. Coinage Offences. IV. Whosoever shall impair, diminish, or lighten any of the Queen's current Gold or Silver Coin, with Intent that the Coin so impaired, diminished, or lightened, may pass for the Queen's current Gold or Silver Coin, shall be guilty of Felony, and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for any Term not exceeding Fourteen Years, and not less than Three Years, or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement. V. Whosoever shall unlawfully have in his Custody or Possession any Filings or Clippings, or any Gold or Silver Bullion, or any Gold or Silver in Dust, Solution, or otherwise, which shall have been produced or obtained by impairing, diminishing, or lightening any of the Queen's current Gold or Silver Coin, knowing the same to have been so produced or obtained, shall be guilty of Felony, and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for any Term not exceeding Seven Years, and not less than Three Years, or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement. VI. Whosoever, without lawful Authority or Excuse (the Proof whereof shall lie on the Party accused), shall buy, sell, receive, pay, or put off, or offer to buy, sell, receive, pay, or put off, any false or counterfeit Coin, resembling or apparently intended to resemble or pass for any of the Queen's current Gold or Silver Coin, at or for a lower Rate or Value than the same imports or was apparently intended to import, shall be guilty of Felony, and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life, or for any Term not less than Three Years, or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement. VII. Whosoever, without lawful Authority or Excuse (the Proof whereof shall lie on the Party accused), shall import or receive into this Colony from beyond the Seas, or from the Mainland of China, any false or counterfeit Coin, resembling or apparently intended to resemble or pass for any of the Queen's current Gold or Silver Coin, knowing the same to be false or counterfeit, shall be guilty of Felony, and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life, or for any Term not less than Three Years, or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement. VIII. Whosoever, without lawful Authority or Excuse (the Proof whereof shall lie on the Party accused), shall export or put on board any Ship, Vessel, or Boat, for the Purpose of being exported from this Colony, any false or counterfeit Coin, resembling or apparently intended to resemble or pass for any of the Queen's current Coin, knowing the same to be false or counterfeit, shall be guilty of a Misdemeanor, and being convicted thereof shall be liable, at the Discretion of the Court, to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement. IX. Whosoever shall tender, utter, or put off any false or counterfeit Coin resembling or apparently intended to resemble or pass for any of the Queen's current Gold or Silver Coin, knowing the same to be false or counterfeit, shall be guilty of a Misdemeanor, and being convicted thereof shall be liable, at the Discretion of the Court, to be imprisoned for any Term not exceeding One Year, with or without Hard Labour, and with or without Solitary Confinement. X. Whosoever shall tender, utter or put off any false or counterfeit Coin resembling or apparently intended to resemble or pass for any of the Queen's current Gold or Silver Coin, knowing the same to be false or counterfeit, and shall at the Time of such tendering, uttering, or putting off, have in his Custody or Possession, besides the false or counterfeit Coin so tendered, uttered, or put off, any other Piece of false or counterfeit Coin resembling or apparently intended to resemble or pass for any of the Queen's current Gold or Silver Coin, or shall, either on the Day of such tendering, uttering, or putting off, or within the Space of Ten Days then next ensuing, tender, utter, or put off any false or counterfeit Coin resembling or apparently intended to resemble or pass for any of the Queen's current Gold or Silver Coin, knowing the same to be false or counterfeit, shall be guilty of a Misdemeanor, and being convicted thereof shall be liable, at the Discretion of the Court, to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement. XI. Whosoever shall have in his Custody or Possession Three or more Pieces of false or counterfeit Coin resembling or apparently intended to resemble or pass for any of the Queen's current Gold or Silver Coin, knowing the same to be false or counterfeit, and with Intent to utter or put off the same or any of them, shall be guilty of a Misdemeanor, and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for the Term of Three Years, or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement. XII. Whosoever, having been convicted, either before or after the passing of this Ordinance, of any such Misdemeanor as in any of the last Three preceding Sections mentioned, or of any Felony against this Ordinance or any former Enactment in Force in this Colony relating to the Coin, shall afterwards commit any of the Misdemeanors in any of the said Sections mentioned, shall be guilty of Felony.
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608 517 516 Impairing the Gold or Silver Coin with in- tent, &c. Unlawful Pos- session of Filings or Clippings of Gold or Silver Coin. Buying or Selling, &c., counterfeit Gold or Silver Coin for lower Value than its Denomination. Importing counterfeit Coin from be yond Seus or from the Main- land ORDINANCE No. 10. OF 1865. Coinage Offences, file, or in any Manner alter such Coin, with Intent to make the same resemble or pass for any of the Queen's current Gold or Silver Coin, shall be guilty of Felony, and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life, or for any Term not less than Three Years,—or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement. IV. Whosoever shall impair, diminish, or lighten any of the Queen's current Gold or Silver Coin, with Intent that the Com so impaired, diminished, or lightened, may pass for the Queen's current Gold or Silver Coin, shall be guilty of Felony, and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for any Term not exceeding Fourteen Years, and not less than Three Years, or to be imprisoned for any Tern not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement. V. Whosoever shall unlawfully have in his Custody or Posses- sion any Filings or Clippings, or any Gold or Silver Bullion, or any Gold or Silver in Dust, Solution, or otherwise, which shall have been produced or obtained by impairing, diminishing, or lightening any of the Queen's current Gold or Silver Coin, knowing the same to have been so produced or obtained, shall be guilty of Felony, and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for any Term not exceeding Seven Years, and not less than Three Years,or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement. VI. Whosoever, without lawful Authority or Exeuse (the Proof whereof shall lie on the Party accused), shall buy, sell, receive, pay, or put off, or offer to buy, sell, receive, pay, or put off, any false or counterfeit Coin, resembling or apparently intended to resemble or pass for any of the Queen's current Gold or Silver Coin, at or for a lower Rate or Value than the same imports or was apparently intended to import, shall be guilty of Felony, and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life, or for any 'Term not less than Three Years, or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement, VII. Whosoever, without lawful Authority or Excase (the Proof whereof shall lie on the Party acensed), shall import or receive into this Colony from beyond the Seas, or from the Main- laud of China, any false or counterfeit Coin, resembling or apparently intended to resemble or pass for any of the Queen's current Gold or Silver Coin, knowing the same to be false or counterfeit, shall be guilty of Felony, and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life, or for any Term not less than Three Years,—- or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confine. VIII. Who- ment. ORDINANCE No. 10. OF 1865. Coinage Offences, VIII. Whosoever, without lawful Authority or Excuse (the Exporting Proof whereof shall ke on the Party accused), shall export or put counterfeit on board any Ship, Vessel, or Boat, for the Purpose of being Coin. counterfeit Coin, re- exported from this Colony, any false or sembling or apparently intended to resemble or pass for any of the Queen's current Coin, knowing the same to be false or conn- terfeit, shall be guilty of a Misdemeanor, and being convicted thereof shall be liable, at the Discretion of the Court, to be imprisoned for any Terin not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement. IX. Whosoever shall tender, uttor, or put off any false or Uttering coun- counterfeit Coin resembling or apparently intended to resemble terteit Gold or or pass for any of the Queen's current Gold or Silver Coin, know- Silver Coin. ing the same to be false or counterfeit, shall be guilty of a Mis- demeanor, and being convicted thereof shall be liable, at the Discretion of the Court, to be imprisoned for any Term not ex- ceeding One Year, with or without Hard Labour, and with or without Solitary Confinement. X. Whosoever shall tender, utter or put off any false or Uttering, ac- counterfeit Coin resembling or apparently intended to resemble or companied by pass for any of the Queen's current Gold or Silver Coin, know- Possession of feit Coin or ing the same to be false or counterfeit, and shall at the Time of other counter- such tendering, uttering, or putting off, have in his Custody or followed by a Possession, besides the false or counterfeit Coin so tendered, Second Utter- uttered, or put off, any other Piece of false or counterfeit Coin ing. resembling or apparently intended to resemble or pass for any of the Queen's current Gold or Silver Coin, or shall, either on the Day of such tendering, uttering, or putting off, or within the Space of Ten Days then next ensuing, tender, utter, or put off any false or counterfeit Coin resembling or apparently intended to resemble or pass for any of the Queen's current Gold or Silver Coin, knowing the same to be false or counterfeit, shall be guilty of a Misdemeanor, and being convicted thereof shall be liable, at the Discretion of the Court, to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement. XI. Whosoever shall have in lds Custody or Possession Three Having Three or more Pieces of false or counterfeit Coin resembling or appa- or more Pieces Gold or Silver rently intended to resemble or pass for any of the Queen's current of counterfeit Coin in Posses- Gold or Silver Coin, knowing the same to be false or counterfeit, and with Intent to utter or put off the same or any of them, shall sion, &c., with be guilty of a Misdemeanor, and being convicted thereof shall be Intent, &c. liable, at the Discretion of the Court, to be kept in Penal Servi- tade for the Term of Three Years,--or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement. XIL Whosoever, having been convicted, either before or after Every Second the passing of this Ordinance, of any such Misdemeanor as in any Offence of after a previons of the last Three preceding Sections mentioned, or of any Felony uttering, &c., Conviction against this Ordinance or any former Enactment in Force in this Colony relating to the Coin, shall afterwards commit any of the shall be Felony. guilty Misdemeanors in any of the said Sections mentioned, "shall be KK 3
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608

517

516

Impairing the Gold or Silver Coin with in- tent, &c.

Unlawful Pos- session of Filings or Clippings of Gold or Silver Coin.

Buying or Selling, &c., counterfeit

Gold or Silver

Coin for lower Value than its

Denomination.

Importing counterfeit Coin from be yond Seus or from the Main- land

ORDINANCE No. 10. OF 1865.

Coinage Offences,

file, or in any Manner alter such Coin, with Intent to make the same resemble or pass for any of the Queen's current Gold or Silver Coin, shall be guilty of Felony, and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life, or for any Term not less than Three Years,—or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement. IV. Whosoever shall impair, diminish, or lighten any of the Queen's current Gold or Silver Coin, with Intent that the Com so impaired, diminished, or lightened, may pass for the Queen's current Gold or Silver Coin, shall be guilty of Felony, and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for any Term not exceeding Fourteen Years, and not less than Three Years, or to be imprisoned for any Tern not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement. V. Whosoever shall unlawfully have in his Custody or Posses- sion any Filings or Clippings, or any Gold or Silver Bullion, or any Gold or Silver in Dust, Solution, or otherwise, which shall have been produced or obtained by impairing, diminishing, or lightening any of the Queen's current Gold or Silver Coin, knowing the same to have been so produced or obtained, shall be guilty of Felony, and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for any Term not exceeding Seven Years, and not less than Three Years,or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement.

VI. Whosoever, without lawful Authority or Exeuse (the Proof whereof shall lie on the Party accused), shall buy, sell, receive, pay, or put off, or offer to buy, sell, receive, pay, or put off, any false or counterfeit Coin, resembling or apparently intended to resemble or pass for any of the Queen's current Gold or Silver Coin, at or for a lower Rate or Value than the same imports or was apparently intended to import, shall be guilty of Felony, and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life, or for any 'Term not less than Three Years, or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement,

VII. Whosoever, without lawful Authority or Excase (the Proof whereof shall lie on the Party acensed), shall import or receive into this Colony from beyond the Seas, or from the Main- laud of China, any false or counterfeit Coin, resembling or apparently intended to resemble or pass for any of the Queen's current Gold or Silver Coin, knowing the same to be false or counterfeit, shall be guilty of Felony, and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life, or for any Term not less than Three Years,—- or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confine.

VIII. Who-

ment.

ORDINANCE No. 10. OF 1865.

Coinage Offences,

VIII. Whosoever, without lawful Authority or Excuse (the Exporting Proof whereof shall ke on the Party accused), shall export or put counterfeit on board any Ship, Vessel, or Boat, for the Purpose of being Coin.

counterfeit Coin, re- exported from this Colony, any false or sembling or apparently intended to resemble or pass for any of the Queen's current Coin, knowing the same to be false or conn- terfeit, shall be guilty of a Misdemeanor, and being convicted thereof shall be liable, at the Discretion of the Court, to be imprisoned for any Terin not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement.

IX. Whosoever shall tender, uttor, or put off any false or Uttering coun- counterfeit Coin resembling or apparently intended to resemble terteit Gold or or pass for any of the Queen's current Gold or Silver Coin, know- Silver Coin. ing the same to be false or counterfeit, shall be guilty of a Mis- demeanor, and being convicted thereof shall be liable, at the Discretion of the Court, to be imprisoned for any Term not ex- ceeding One Year, with or without Hard Labour, and with or without Solitary Confinement.

X. Whosoever shall tender, utter or put off any false or Uttering, ac- counterfeit Coin resembling or apparently intended to resemble or companied by pass for any of the Queen's current Gold or Silver Coin, know- Possession of

feit Coin or ing the same to be false or counterfeit, and shall at the Time of other counter- such tendering, uttering, or putting off, have in his Custody or followed by a Possession, besides the false or counterfeit Coin so tendered, Second Utter- uttered, or put off, any other Piece of false or counterfeit Coin ing. resembling or apparently intended to resemble or pass for any of the Queen's current Gold or Silver Coin, or shall, either on the Day of such tendering, uttering, or putting off, or within the Space of Ten Days then next ensuing, tender, utter, or put off any false or counterfeit Coin resembling or apparently intended to resemble or pass for any of the Queen's current Gold or Silver Coin, knowing the same to be false or counterfeit, shall be guilty of a Misdemeanor, and being convicted thereof shall be liable, at the Discretion of the Court, to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement.

XI. Whosoever shall have in lds Custody or Possession Three Having Three or more Pieces of false or counterfeit Coin resembling or appa- or more Pieces Gold or Silver rently intended to resemble or pass for any of the Queen's current of counterfeit

Coin in Posses- Gold or Silver Coin, knowing the same to be false or counterfeit, and with Intent to utter or put off the same or any of them, shall sion, &c., with

be guilty of a Misdemeanor, and being convicted thereof shall be Intent, &c. liable, at the Discretion of the Court, to be kept in Penal Servi- tade for the Term of Three Years,--or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement.

XIL Whosoever, having been convicted, either before or after Every Second the passing of this Ordinance, of any such Misdemeanor as in any Offence of

after a previons of the last Three preceding Sections mentioned, or of any Felony uttering, &c.,

Conviction against this Ordinance or any former Enactment in Force in this Colony relating to the Coin, shall afterwards commit any of the shall be Felony.

guilty Misdemeanors in any of the said Sections mentioned, "shall be KK 3

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