1890_FORGERY_ORDINANCE — Page 21

HK Historical Laws 香港歷史法例 All AI Reviewed

798

Tutont to defraud particular persons need not be averred. Interpreta-tion as to criminal possession. Search for paper or implements employed in any forgery, instruments.

ORDINANCE No. 6 OF 1865. Forgery.

43. It shall be sufficient, in any information for forging, altering, uttering, offering, disposing of or putting off any instrument whatsoever, where it shall be necessary to allege an intent to defraud, to allege that the party accused did the act with intent to defraud, without alleging an intent to defraud any particular person; and on the trial of any such offence it shall not be necessary to prove an intent to defraud any particular person, but it shall be sufficient to prove that the party accused did the act charged with an intent to defraud.

44. Where the having any matter in the custody or possession of any person is in this Ordinance expressed to be an offence, if any person shall have any such matter in his personal custody or possession, or shall knowingly and wilfully have any such matter in the actual custody or possession of any other person, or shall knowingly and wilfully have any such matter in any dwelling house or other building, lodging, apartment, field, or other place, open or inclosed, whether belonging to or occupied by himself or not, and whether such matter shall be so had for his own use, or for the use or benefit of another, every such person shall be deemed and taken to have such matter in his custody or possession within the meaning of this Ordinance.

45. If it shall be made to appear, by information on oath affirmation or declaration before a Justice of the Peace, that there is reasonable cause to believe that any person has in his custody or possession, without lawful authority or excuse any note or bill of the Governor and Company of the Bank of England or Ireland, or of any body corporate, company, or person carrying on the business of bankers, or any frame, mould, or implement for making paper in imitation of the paper used for such notes or bills, or any such paper, or any plate, wood, stone, or other material having thereon any words, forms, devices, or characters capable of producing or intended to produce the impression of any such note or bill, or any part thereof, or any tool, implement, or material used or employed or intended to be used or employed in or about any of the operations aforesaid, or any forged security, document, or instrument whatsoever, or any machinery, frame, mould, plate, die, seal, paper, or other matter or thing used or employed or intended to be used or employed in the forgery of any security, document, or instrument whatsoever, such Justice may, if he think fit, grant a warrant to search for the same; and if the same shall be found upon such search, it shall be lawful to seize and carry the

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798 Tutont to defraud particular persons need not be averred. Interpreta-tion as to criminal possession. Search for paper or implements employed in any forgery, instruments. ORDINANCE No. 6 OF 1865. Forgery. 43. It shall be sufficient, in any information for forging, altering, uttering, offering, disposing of or putting off any instrument whatsoever, where it shall be necessary to allege an intent to defraud, to allege that the party accused did the act with intent to defraud, without alleging an intent to defraud any particular person; and on the trial of any such offence it shall not be necessary to prove an intent to defraud any particular person, but it shall be sufficient to prove that the party accused did the act charged with an intent to defraud. 44. Where the having any matter in the custody or possession of any person is in this Ordinance expressed to be an offence, if any person shall have any such matter in his personal custody or possession, or shall knowingly and wilfully have any such matter in the actual custody or possession of any other person, or shall knowingly and wilfully have any such matter in any dwelling house or other building, lodging, apartment, field, or other place, open or inclosed, whether belonging to or occupied by himself or not, and whether such matter shall be so had for his own use, or for the use or benefit of another, every such person shall be deemed and taken to have such matter in his custody or possession within the meaning of this Ordinance. 45. If it shall be made to appear, by information on oath affirmation or declaration before a Justice of the Peace, that there is reasonable cause to believe that any person has in his custody or possession, without lawful authority or excuse any note or bill of the Governor and Company of the Bank of England or Ireland, or of any body corporate, company, or person carrying on the business of bankers, or any frame, mould, or implement for making paper in imitation of the paper used for such notes or bills, or any such paper, or any plate, wood, stone, or other material having thereon any words, forms, devices, or characters capable of producing or intended to produce the impression of any such note or bill, or any part thereof, or any tool, implement, or material used or employed or intended to be used or employed in or about any of the operations aforesaid, or any forged security, document, or instrument whatsoever, or any machinery, frame, mould, plate, die, seal, paper, or other matter or thing used or employed or intended to be used or employed in the forgery of any security, document, or instrument whatsoever, such Justice may, if he think fit, grant a warrant to search for the same; and if the same shall be found upon such search, it shall be lawful to seize and carry the
Baseline (Original)
798 Tutont to defraud particular persons need not be averred. Interpreta- tion as to criminal possession. Search for paper or implements employed in any forgery, instruments. ORDINANCE No. 6 OF 1865. Forgery. 43. It shall be sufficient, in any information for forging, altering, uttering, offering, disposing of or putting off any instrument whatsoever, where it shall be necessary to allege an intent to defraud, to allege that the party accused did the act with intent to defraud, without alleging an intent to defraud any particular person; and on the trial of any such offence it shall not be necessary to prove an intent to defraud any particular person, but it shall be sufficient to prove that the party accused did the act charged with an intent to defraud. 44. Where the having any matter in the custody or possession of any person is in this Ordinance expressed to be an offence, if any person shall have any such matter in his personal custody or possession, or shall knowingly and wilfully have any such matter in the actual custody or possession of any other person, or shall knowingly and wilfully have any such matter in any dwelling house or other building, lodging, apartment, field, or other place, open or inclosed, whether belonging to or occupied by himself or not, and whether such matter shall be so had for his own use, or for the use or benefit of another, every such person shall be deemed and taken to have such matter in his custody or possession within the meaning of this Ordinance. 45. If it shall be made to appear, by information on oath affirmation or declaration before a Justice of the Peace, that there is reasonable cause- to believe that any person has in his custody or possession, without lawful authority or excuse any note or bill of the Governor and Company of the Bank of England or Ireland, or of any body corporate, company, or person carrying on the business of bankers, or any frame, mould, or implement for making paper in imitation of the paper used for such notes or bills, or any such paper, or any plate, wood, stone, or other material having thereon any words, forms, devices, or characters capable of producing or intended to produce the impression of any such note or bill, or any part thereof, or any tool, implement, or material used or employed or intended to be used or employed in or about any of the operations- aforesaid, or any forged security, document, or instrument whatsoever, or any machinery, frame, mould, plate, die, seal, paper, or other matter or thing used or employed or intended to be used or employed in the forgery of any security, document, or instrument whatsoever, such Justice may, if he think fit, grant a warrant to search for the same; and if the same- shall be found upon such search, it shall be lawful to seize and carry the
2026-05-02 15:23:42 · Baseline
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798

Tutont to defraud particular persons need not be

averred.

Interpreta- tion as to criminal possession.

Search for paper or implements employed in any forgery,

instruments.

ORDINANCE No. 6 OF 1865.

Forgery.

43. It shall be sufficient, in any information for forging, altering, uttering, offering, disposing of or putting off any instrument whatsoever, where it shall be necessary to allege an intent to defraud, to allege that the party accused did the act with intent to defraud, without alleging an intent to defraud any particular person; and on the trial of any such offence it shall not be necessary to prove an intent to defraud any particular person, but it shall be sufficient to prove that the party accused did the act charged with an intent to defraud.

44. Where the having any matter in the custody or possession of any person is in this Ordinance expressed to be an offence, if any person shall have any such matter in his personal custody or possession, or shall knowingly and wilfully have any such matter in the actual custody or possession of any other person, or shall knowingly and wilfully have any such matter in any dwelling house or other building, lodging, apartment, field, or other place, open or inclosed, whether belonging to or occupied by

himself or not, and whether such matter shall be so had for his own use, or for the use or benefit of another, every such person shall be deemed and taken to have such matter in his custody or possession within the meaning of this Ordinance.

45. If it shall be made to appear, by information on oath affirmation or declaration before a Justice of the Peace, that there is reasonable cause- to believe that any person has in his custody or possession, without lawful authority or excuse any note or bill of the Governor and Company of the Bank of England or Ireland, or of any body corporate, company, or person carrying on the business of bankers, or any frame, mould, or implement for making paper in imitation of the paper used for such notes or bills, or any such paper, or any plate, wood, stone, or other material having thereon any words, forms, devices, or characters capable of producing or intended to produce the impression of any such note or bill, or any part thereof, or any tool, implement, or material used or employed or intended to be used or employed in or about any of the operations- aforesaid, or any forged security, document, or instrument whatsoever, or any machinery, frame, mould, plate, die, seal, paper, or other matter or thing used or employed or intended to be used or employed in the forgery of any security, document, or instrument whatsoever, such Justice may, if he think fit, grant a warrant to search for the same; and if the same- shall be found upon such search, it shall be lawful to seize and carry the

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