230742-1936-Supplementary-Draft-Bill--Counterfeit-Currency-Convention- — Page 7

Convention Article No.

396

Table,-Continued.

Remarks.

3 (3)

3 (4)

3 (5)

regards copper coin by section 14. of Ordinance No. 7 of 1865, as amended by section 3 (2) (h), (7). (j), (k) and (n) of the new Ordinance and by section 2 of Ordinance No. 6 of 1986.

As regards paper money in relation to Article 3 (3) every person who, without lawful authority or excuse, purchases or receives or has in his custody or possession a forged banknote or forged currency note knowing the same to be forged is guilty of a felony under section 10 (1) of Ordinance No. 11 of 1922, as amended by section 4 of Ordinance No. 11 of 1924. This covers the

words receiving or obtaining in Article 3 (83). As regards the words introduction into a country in Article 3 (3) it is considered that these are covered either by the words has in his custody or possession in section 10 (1) of Ordinance No. 11 of 1922, or by the words delivers. or disposes of," which are included in the definition of uttering in section 8 (2)

of that Ordinance.

,,

Article 3 (3) is carried into effect, as regards import- ing gold and silver coin by section 6 of Ordin- ance No. 7 of 1865 as amended by section 3 (2) (f) and section 3 (3) of the new Ordinance. As regards receiving and obtaining gold and silver coin it is carried into effect by section 5 of Ordinance No. 7 of 1865, as amended by section 3 (2) (e) of the new Ordinance, and, as regards receiving and obtaining copper coin by section 13 of Ordinance No. 7 of 1865 as amended by section 3 of Ordinance No. 6 of 1936 and by section 3 (2) (m) of the new Ordinance.

The addition made to section 13 of Ordinance No. 7 of 1865 by section 3 of Ordinance No. 6 of 1986 as amended by section 3 (2) (m) of the new Ordinance prohibits the importation of counterfeit copper coin", which by virtue of section 3 (2) (a) of the new Ordinance includes any coin of any metal or mixed metal not being gold or silver coin.

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As regards Article 3 (4) an attempt to commit any coinage offence is an indictable misdemeanor at common law which is in force in this Colony by virtue of section 5 of Ordinance No. 3 of 1878. It is also punishable on conviction on indictment under section 60 of Ordinance No. 9 of 1899. International participation

in any such offence is punishable, if the offence is a felony, under section 28 of Ordinance No. 7 of 1885, if the offence is a misdemeanor, under section 7 of Ordinance No. 14 of 1929, and, if the offence be one punishable by a magistrate on summary conviction, under section 37 of Ordin- ance No. 41 of 1932.

As regards Article 3 (5), the making of instruments for counterfeiting gold or silver coin is punish- able under section 21 of Ordinance No. 7 of 1865, as amended by section 3 (2) (0) of the new Ordinance. The making of instruments for counterfeiting copper coin is punishable under section 18 of Ordinance No. 7 of 1865, as amend- ed by section 3 (2) (m) of the new Ordinance.

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