1890_FRAUDULENT_TRUSTEES___AND_ETC__ORDINANCE — Page 1

ORDINANCE No. 9 of 1860.

Fraudulent Trustees, &c.

No. 9 of 1860.

An Ordinance to make better Provision for the Punishment of Frauds committed by Trustees, Bankers, and other Persons intrusted with Property.

WH

[30th April, 1860.]

HEREAS it is expedient to make better provision for the punishment of frauds committed by trustees, bankers, and other persons intrusted with property: Be it enacted by His Excellency the Governor of Hongkong, with the advice of the Legislative Council of Hongkong, as follows:-

1. If any person being a trustee of any property for the benefit, either wholly or partially, of some other person, or for any public or charitable purpose, shall, with intent to defraud, convert, or appropriate the same or any part thereof to or for his own use or purposes, or shall, with intent aforesaid, otherwise dispose of or destroy such property or any part thereof, he shall be guilty of a misdemeanor.

2. If any person being a banker, merchant, broker, attorney, or agent, and being intrusted for safe custody with the property of any other person, shall, with intent to defraud, sell, negotiate, transfer, pledge, or in any manner convert or appropriate to or for his own use such property or any part thereof, he shall be guilty of a misdemeanor. 3. If any person intrusted with any power of attorney for the sale or transfer of any property shall fraudulently sell or otherwise convert such property or any part thereof to his own use or benefit, he shall be guilty of a misdemeanor.

4. If any person, being a bailee of any property, shall fraudulently take or convert the same to his own use, or the use of any person other than the owner thereof, although he shall not break bulk or otherwise determine the bailment, he shall be guilty of larceny.

5. If any person, being a director, member, public officer, or manager of any body corporate or public company, shall fraudulently take or apply, for his own use, any of the money or other property of such body corporate or public company, he shall be guilty of a misdemeanor.

6. If any person being a director, public officer, or manager of any body corporate or public company, shall as such receive or possess himself of any of the money or other property of such body corporate or public company otherwise than in payment of a just debt or demand, and shall, with intent to defraud, omit to make or to cause or direct to be made a full and true entry thereof in the books and accounts of such body corporate or public company, he shall be guilty of a misdemeanor.

7. If any director, manager, public officer, or member of any body corporate or of public company shall, with intent to defraud, destroy, alter, mutilate, or falsify any 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

Preamble.

471

Trustees frandu- lently disposing of property guil- ty of a misde

meanor.

Bankers, &c., fraudulently sel- ling, &c., proper- ty intrusted to their care, guilty of misdemeanor.

Persons ander powers of attor- ney fraudulently selling property guilty of misde-

meanor.

Bailees frandu- lently converting property to their own use guilty of larceny.

Directors, &c.

of any body cor- porate or public company frau- dulently appro- prlating pro- perty;

Or keeping fraudulent accounts;

Or wilfully de- stroying books,

&c.