A234
Amendment of section 20.
Ord. No. 45/80
Making off
without payment. 1978 c. 31. s. 3.
4.
THEFT (AMENDMENT)
(2) For the purposes of this section "liability" means legally enforceable liability; and subsection (1) shall not apply in relation to a liability that has not been accepted or established to pay compensation for a wrongful act or omission.
(3) For the purposes of subsection (1)(b) a person in- duced to take in payment a cheque or other security for money by way of conditional satisfaction of a pre-existing liability is to be treated not as being paid but as being induced to wait for payment.
(4) For the purposes of subsection (1)(c) “obtains” includes obtaining for another or enabling another to obtain. (5) For the purposes of this section, "deception" has the same meaning as in section 17.
18C. (1) Subject to subsection (3), a
person who, knowing that payment on the spot for any goods supplied or service done is required or expected from him, dis- honestly makes off without having paid as required or expected and with intent to avoid payment of the amount due shall be guilty of an offence and shall be liable on conviction upon indictment to imprisonment for 3 years.
(2) For the purposes of this section "payment on the spot" includes payment at the time of collecting goods on which work has been done or in respect of which service has been provided.
(3) Subsection (1) shall not apply where the supply of the goods or the doing of the service is contrary to law, or where the service done is such that payment is not legally enforceable.".
Section 20(1) of the principal Ordinance is amended by inserting after "18" the following-
", 18A, 18B".
Amendment of section 29.
5.
Section 29(6) of the principal Ordinance is amended-
(a) by deleting "In any proceedings for obtaining property or pecuniary advantage by deception under section 17 or 18" and substituting the following-
"In any proceedings for an offence under section 17, 18, 18A or 18B"; and
(b) by deleting paragraph (a) and substituting the following
"(a) any person who—
(i) obtains property, pecuniary advantage or services by means of a cheque or other bill of exchange which is refused payment upon presentation on or after becom- ing due shall, until the contrary is proved, be deemed to have obtained the property, pecuniary advantage or services with knowledge that such cheque or other bill of exchange would not be honoured; or
(ii) evades liability to make a payment by means of a cheque or other bill of exchange which is refused pay- ment upon presentation on or after becoming due shall, until the contrary is proved, be deemed to have evaded
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6.
THEFT (AMENDMENT)
Ord. No. 45/80
A235
the liability to make a payment with knowledge that such cheque or other bill of exchange would not be honoured;".
The Schedule to the principal Ordinance is amended-
(a) by deleting item 1 and substituting the following—
"1. Theft (section 9).
(i) Taking conveyance
authority (section 14).
without
(ii) Obtaining property by decep-
tion (section 17).
(iii) Obtaining pecuniary advantage
by deception (section 18).
(iv) Obtaining services by decep-
tion (section 18A).
(v) Evasion of liability by decep-
tion (section 18B).
(vi) Making off without payment
(section 18C).
(vii) False accounting (section 19). (viii) Handling stolen goods (sec-
tion 24).
(ix) Going equipped for stealing
(section 27).";
(b) by deleting item 7 and substituting the following-
"7.
Obtaining property
by deception (section 17).
(i) Theft (section 9).
(ii) Obtaining pecuniary advantage
by deception (section 18).
(iii) Obtaining services by decep-
tion (section 18A).
(iv) Evasion of liability by decep-
tion (section 18B).
(v) Making off without payment
(section 18C).
(vi) Blackmail (section 23(1) ).
(vii) Handling stolen goods (sec-
tion 24).
(viii) Going equipped for stealing
(section 27).";
(c) by deleting item 8 and substituting the following———
"8.
Obtaining pecuniary advantage by decep- tion (section 18).
(i) Theft (section 9).
(ii) Obtaining property by decep-
tion (section 17).
(iii) Evasion of liability by decep-
tion (section 18B).
(iv) Blackmail (section 23(1) ).
(v) Handling stolen goods (sec-
tion 24).";
Amendment of Schedule.
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