THE HONGKONG GOVERNMENT GAZETTE, 24TH JUNE, 1865.
GAZE
wo
e for the Term of Three Years, or to be imprisoned for any Term not exceeding Years, with or without Hard Labour, and with or without Solitary Confinement.
As to receiving Stolen Goods:-
309
of Felony.
75. Whosoever shall receive any Chattel, Money, valuable Security, or other Receiving where Property whatsoever, the stealing, taking, extorting, obtaining, embezzling, or otherwise the Principal is guilty
-posing whereof shall amount to a Felony, either at Common Law or by virtue of this dinance, knowing the same to have been feloniously stolen, taken, extorted, obtained, bezzled, or disposed of, shall be guilty of Felony, and may be indicted and convicted, ther as an Accessory after the Fact or for a substantive Felony, and in the latter Case, whether the Principal Felon shall or shall not have been previously convicted, or shall shall not be amenable to Justice; and every such Receiver, howsoever convicted, shall eliable, at the Discretion of the Court, to be kept in Penal Servitude for any Term ot exceeding Fourteen Years and not less than Three Years,-or to be imprisoned any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement, and, if a Male under the Age of Sixteen Years, with or without Whipping: Provided, that no Person, howsoever tried for receiving as aforesaid,
hall be liable to be prosecuted a Second Time for the same Offence.
76. If any Information shall have been preferred against Two or more Persons, it Information for shall be lawful for the Jury who shall try the same to find all or any of the said Persons stealing and receiving. guilty either of stealing the Property or of receiving the same, or any Part or Parts thereof, knowing the same to have been stolen, or to find One or more of the said Persons guilty of stealing the Property, and the other or others of them guilty of receiving the same or any Part or Parts thereof knowing the same to have been stolen.
Separate Receivers
may be included in the same Information
Principal.
77. Whenever any Property whatsoever shall have been stolen, taken, extorted, obtained, embezzled, or otherwise disposed of in such a Manner as to amount to a Felony, either at Common Law or by virtue of this Ordinance, any Number of Receivers in the Absence of the at different Times of such Property, or of any Part or Parts thereof, may be charged with substantive Felonies in the same Information, and may be tried together, notwithstanding that the Principal Felon shall not be included in the same Information or shall not be in Custody or amenable to Justice.
be convicted of sepa-
78. If upon the Trial of any Two or more Persons indicted for jointly receiving Persons indicted for any Property it shall be proved that One or more of such Persons separately received jointly receiving may any Part or Parts of such Property, it shall be lawful for the Jury to convict, upon such rately receiving. Information such of the said Persons as shall be proved to have received any Part or Parts of such Property.
guilty of a Misdemeun-
or.
79. Whosoever shall receive any Chattel, Money, valuable Security, or other Receiving where Property whatsoever, the stealing, taking, obtaining, converting, or disposing whereof the Principal has been is made a Misdemeanor by this Ordinance, knowing the same to have been unlawfully stolen, taken, obtained, converted, or disposed of, shall be guilty of a Misdemeanor, and ay be indicted and covicted thereof, whether the Person guilty of the principal Misdemeanor shall or shall not have been previously convicted thereof, or shall or shall not be amenable to Justice; and every such Receiver, being convicted thereof, shall be Eable, 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, and, if a Male under the Age of Sixteen Years, with or without Whipping.
cipal is punishable on
$0. Where the stealing or taking of any Property whatsoever is by this Ordinance Receivers of Pro- punishable on Summary Conviction, either for every Offence, or for the First and perty where the Prin- Second Offence only, or for the First Offence only, any Person who shall receive any Summary Conviction.. such Property, knowing the same to be unlawfully come by, shall on Conviction thereof efore a Police Magistrate be liable, for every First, Second, or subsequent Offence of receiving, to the same Forfeiture and Punishment to which a Person guilty of a First, Second, or subsequent Offence of stealing or taking such Property is by this Ordinance
ade liable.
81. In case of every Felony punishable under this Ordinance every Principal in the Second Degree, and every Accessory before the Fact, shall be punishable in the ine Manner as the Principal in the First Degree is by this Ordinance punishable;-
every Accessory after the Fact to any Felony punishable under this Ordinance except only a Receiver of stolen Property) shall, on Conviction, be liable, at the Discretion of the Court, to be imprisoned for any Term not exceeding Two Years, with
Punishment of Principals in the Sc-
cond Degree and Ac- cessories.
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