217968-1935-Ordinances-passed-and-assented-to--Lar — Page 21

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THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 6, 1935.

Evidence.

(4) If any person, who is a member of any co-partner- ship or is one of two or more beneficial owners of any property, steals, or embezzles any such property of or belonging to such co-partnership or to such beneficial owners he shall be liable to be dealt with, tried, and punished as if he had not been or was not a member of such co-partnership or one of such beneficial owners.

Evidence.

63.-(1) Whenever any person is being proceeded 6 & 7 Geo. 5, against for receiving any property, knowing it to have been stolen, or for having in his possession stolen property, for the purpose of proving guilty knowledge there may be given in evidence at any stage of the proceedings-

24 & 25

Vict. c. 96, $ 85.

Evidence as to previous conviction.

24 & 25

s. 116.

(a) the fact that other property stolen within the period of twelve months preceding the date of the offence charged was found or had been in his possession;

(b) the fact that within the five years preceding the date of the offence charged he was convicted of any offence in- volving fraud or dishonesty.

This last-mentioned fact may not be proved unless-

(i) seven days' notice in writing has been given to the offender that proof of such previous conviction is intended to be given;

(ii) evidence has been given that the property in respect of which the offender is being tried was found or had been in his possession.

(2) No person shall be liable to be convicted of any offence against sections 13, 14 (a), 32, 33, 34, 35, 36 and 37 of this Ordinance upon any evidence whatever in respect of any act done by him, if at any time previously to his being charged with such offence he has first disclosed such act on oath, in consequence of any compulsory process of any court of law or equity in any action, suit or proceeding which has been bona fide instituted by any person aggrieved.

(3) In any proceedings in respect of any offence against sections. 13, 14 (a), 32, 33, 34, 35, 36 and 37 of this Ordinance a statement or admission made by any person in any compulsory examination or deposition before any court on the hearing of any matter in bankruptcy shall not be admissible in evidence against that person.

64. Where any person is charged on any indictment with any offence punishable under this Ordinance and committed after a previous conviction for any felony, misdemeanor, or Vict. c. 96, offence punishable on summary conviction, and, on his trial for the subsequent offence, such person gives evidence of his good character, it shall be lawful for the prosecutor, in answer thereto and before the verdict of the jury has been returned, to give evidence of the conviction of such person for the previous offence and the jury shall inquire concerning such previous conviction at the same time as they inquire concern- ing the subsequent offence.

Verdict.

6 & 7 Geo. 5, c. 50, s. 44.

Verdict.

65.-(1) If on the trial of any indictment for robbery it is proved that the defendant committed an assault with intent to rob, the jury may acquit the defendant of robbery and find him guilty of an assault with intent to rob, and thereupon he shall be liable to be punished accordingly.