721611-1860-HONG-KONG-ANNO-VICESIMO-TERTIO-VICTORLE-REGINE-NO-9-OF-1860 — Page 2

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138

THE HONGKONG GOVERNMENT GAZETTE, 12TH MAY, 1860.

Or wilfully destroying Books, &c.;

Or publishing fraudu- lent Statements, guilty of Misde-

meanor.

Persons receiving Property fraudulent-

been so, guilty of Misdemeanor.

VII. If any Director, Manager, Public Officer, or Member of any Body Corporate or Public Company shall, with Intent to defraud, destroy, alter, mutilate, or falsify any of the Books, Papers, Writings, or Securities belonging to the Body Corporate or Public Company of which he is a Director or Manager, Public Officer, or Member, or make or concur in the making of any false Entry, or any material Omission in any Book of Ac- count or other Document, he shall be guilty of Misdemeanor.

VIII. If any Director, Manager, or Public Officer of any Body Corporate or Public Company shall make, circulate, or publish, or concur in making, circulating, or publish- ing, any written Statement or Account which he shall know to be false in any material Particular, with Intent to deceive or defraud any Member, Shareholder, or Creditor of such Body Corporate or Public Company, or with Intent to induce any Person to be- come a Shareholder or Partner therein, or to intrust or advance any Money or Property to such Body Corporate or Public Company, or to enter into any Security for the Bene- fit thereof, he shall be guilty of a Misdemeanor.

IX. If any Person shall receive any Chattel, Money, or valuable Security which ly disposed of, know. shall have been so fraudulently disposed of as to render the Party disposing thereof ing the same to have guilty of a Misdemeanor under any of the Provisions of this Ordinance, knowing the same to have been so fraudulently disposed of, he shall be guilty of a Misdemeanor, and may be indicted and convicted thereof, whether the Party guilty of the principal Mis- demeanor shall or shall not have been previously convicted, or shall or shall not be amenable to Justice.

Punishment for a

this Ordinance.

X. Every Person found guilty of a Misdemeanor under this Ordinance, shall be Misdemeanor under liable, at the Discretion of the Court, to be kept in Penal Servitude for the Term of Three Years, or to suffer such other Punishment, by Imprisonment for not more than Two Years with or without Hard Labour, or by Fine, as the Court shall award.

tions in any Proceed-

No Person exempt XI. Nothing in this Ordinance contained shall enable or entitle any Person to re- from auswering Ques- fuse to make a full and complete Discovery by Answer to any Bill in Equity or to ings in the Supreme answer any Question or Interrogatory in any Civil Proceeding in the Supreme Court of admissible in Prose Hongkong, and whether in the Common Law, Equitable, Probate, or Insolvency Juris- cutions under this Or- diction thereof; but no Answer to any such Bill, Question, or Interrogatory shall be ad-

missible in Evidence against such Person in any Proceeding under this Ordinance.

Court; Evidence not

dinance.

No Remedy at Law or in Equity shall be affected.

XII. Nothing in this Ordinance contained, nor any Proceeding, Conviction, or Judg- ment to be had or taken thereon against any Person under this Ordinance, shall prevent, lessen, or impeach any Remedy at Law or in Equity which any Party aggrieved by any Offence against this Ordinance might have had if this Ordinance had not been passed; Convictions shall but no Conviction of any such Offender shall be received in Evidence in any Action at Law or Suit in Equity against him; and nothing in this Ordinance contained shall affect or prejudice any Agreement entered into or Security given by any Trustee, having for its Object the Restoration or Repayment of any Trust Property misappropriated.

not be received in Evidence in Civil Suits.

No Prosecution

shall be commenced

XIII. No Proceeding or Prosecution for any Offence included in the First Section, without the Sanction but not included in any other Section of this Ordinance, shall be commenced without of the Attorney Ge- the Sanction of the Attorney General.

neral.

If Offence amounts

to Larceny, Person

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XIV. If upon the Trial of any Person under this Ordinance it shall appear that the not to be acquitted of Offence proved amounts to Larceny, he shall not by reason thereof be entitled to be ac-

quitted of a Misdemeanor under this Ordinance.

* Misdemeanor.

Costs of Prosecu tions.

Misdemeanors not triable at Petty Ses- sions.

Interpretation of certain Terms.

XV. In every Prosecution for any Misdemeanor against this Ordinance the Court may allow the Expenses of the Prosecution in all respects as in Cases of Felony.

XVI. Misdemeanors against this Ordinance shall be prosecuted or tried at the Su- preme Court only.

XVII. The Word “Trustee" shall in this Ordinance mean a Trustee on some ex- press Trust created by some Deed, Will, or Instrument in Writing, and shall also include the Heir and Personal Representative of any such Trustee, and also all Executors and Administrators, Liquidators, under the Joint Stock Companies Acts of the Imperial Par- liament, and all Assignees in Bankruptcy and Insolvency:

The Word "Property" shall include every Description of Real and Personal Pro- perty, Goods, raw or other Materials, Money, Debts, and Legacies, and all Deeds and Instruments relating to or evidencing the Title or Right to any Property, or giving a Writ to recover or receive any Money or Goods; and such Word "Property" shall also denote and include not only such Real and Personal Property as may have been the

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No. 65.

The fol manding-in-

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