438
THE HONGKONG GOVERNMENT GAZETTE, 22ND MAY, 1886.
Forging stamps, &c.
Uttering, and possession.
Removing marks, and possession.
Penalties.
Impounding unstamped documents.
Limit of prosecutions.
Repeal
Suspending Clause.
Offences.
18. Every person who forges, alters, or imitates, or assists in forging, altering or imitating any stamp used for the purposes of this Ordinance shall be guilty of felony. Any stamp impressed in the Stamp Office by any person without the authority of the Collector, and not accounted for to him shall be held to be forged within the meanings of this notice.
19. Every person who uses, utters, disposes of, puts off, or without lawful excuse is in possession of any forged, altered, or imitated stamp as aforesaid, knowing the same to be forged, altered, or imitated, shall be guilty of felony, and such stamp or stamps shall be forfeited to the Crown.
20. Every person who fraudulently removes an adhesive stamp from any document, or wilfully removes or attempts to remove from any adhesive stamp any mark that has been made thereon by way of cancellation, or knowingly uses, puts off, or is in possession of any adhesive stamp from which any such mark has been wholly or partially removed, shall be guilty of a misdemeanor.
21. Every person who is convicted of any felony under this Ordinance shall be liable, 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 every person who is convicted of any misdemeanor under this Ordinance shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years with or without hard labour.
Procedure.
22. It shall be lawful for all Courts and Magistrates, and for the Collector, and for all persons employed for the sale and distribution of stamps, and they are hereby required to take possession of any document as to which any breach of the laws relating to Stamp Duties may appear to have been committed, and to deliver the same to the Collector to be used in prosecuting the Offender.
23. No person shall be proceeded against under section 6 or 7 of this Ordinance except within two years from the date of the offence nor without the consent of the Attorney General.
24. Ordinances No. 15 of 1884 and 2 of 1885 are hereby repealed, but such repeal shall not affect anything lawfully done or suffered thereunder or under any Orders in Council made thereunder, or any prosecution or any other proceeding for any thing done contrary to the provisions of the same while the same were in force.
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25. This Ordinance shall come into force on a day to be fixed by Proclamation by the Governor.
Passed the Legislative Council of Hongkong, this 4th day of May, 1886.
ARATHOON SETH,
Clerk of Councils.
Assented to by His Excellency the Officer Administering the Government, the 21st day of May, 1886.
FREDERICK STEWART,
Acting Colonial Secretary.
SCHEDULE
of the proper Stamps for such Documents as require to be stamped under this Ordinance.
NOTE.-A document containing or relating to several distinct matters is to be separately and distinctly charged with duty in respect of each of such matters. Any document liable to Stamp duty under more than one article of this Schedule shall be charged under that article which imposes the highest duty.
1. Adjudication as to the amount of stamp duty to be levied on any document, $1.
2. Agreement, or any memorandum of an agreement, under hand only, and not otherwise specially charged with any duty, whether the same be only evidence of a contract or obligatory on the parties from its being a written instrument, 50 cents.
Note.--Agreements as to letting or tenancy are in all cases chargeable as leases. See articles 22 and 24.
438
THE HONGKONG GOVERNMENT GAZETTE, 22ND MAY, 1886.
Forging stamps, &c.
Uttering, and possession.
Removing marks, and possession.
Penalties.
Impounding unstamped documents.
Limit of prosecutions.
Repeal
Suspending Clause.
Offences.
18. Every person who forges, alters, or imitates, or as- sists in forging, altering or imitating any stamp used for the purposes of this Ordinance shall be guilty of felony. Any stamp impressed in the Stamp Office by any person without the authority of the Collector, and not accounted for to him shall be held to be forged within the meanings of this notice. 19. Every person who uses, utters, disposes of, puts off, or without lawful excuse is in possession of any forged, altered, or imitated stamp as aforesaid, knowing the same to be forged, altered, or imitated, shall be guilty of felony, and such stamp or stamps shall be forfeited to the crown.
20. Every person who fraudulently removes an adhesive stamp from any document, or wilfully removes or attempts to remove from any adhesive stamp any mark that has been made thereon by way of cancellation, or knowingly uses, puts off, or is in possession of any adhesive stamp from which any such mark has been wholly or partially removed, shall be guilty of a misdemeanor.
21. Every person who is convicted of any felony under. this Ordinance shall be liable, 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 im- prisoned for any term not exceeding two years with or without hard labour. And every person who is convicted of any misdemeanor under this Ordinance shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years with or without hard labour.
Procedure.
22. It shall be lawful for all Courts and Magistrates, and for the Collector, and for all persons employed for the sale and distribution of stamps, and they are hereby required to take possession of any document as to which any breach of the laws relating to Stamp Duties may appear to have been committed, and to deliver the same to the Collector to be used in prosecuting the Offender.
23. No person shall be proceeded against under section 6 or 7 of this Ordinance except within two years from the date of the offence nor without the consent of the Attorney General.
24. Ordinances No. 15 of 1884 and 2 of 1885 are hereby repealed, but such repeal shall not affect anything lawfully done or suffered thereunder or under any Orders in Council made thereunder, or any prosecution or any other proceeding for any thing done contrary to the provisions of the same while the same, were in force..
*
25. This Ordinance shall come into force on a day to be fixed by Proclamation by the Governor.
Passed the Legislative Council of Hongkong, this 4th day of May, 1886.
ARATHOON SEth, Clerk of Councils.
Assented to by His Excellency the Officer Administering the Government, the 21st day of May, 1896.
FREDERICK STEWART,
Acting Colonial. Secretary.
SCHEDULE
of the proper Stamps for such Documents as require to be stamped under this Ordinance.
NOTE.-A document containing or relating to several distinct matters is to be separately and distinctly charged with duty in respect of each of such matters. Any document liable to Stamp duty under more than one article of this Schedule shall be charged under that. article which im- poses the highest duty.
1. Adjudication as to the amount of stamp duty to be levied on any document,..
2. Agreement, or any memo-" randum of an agreement, under hand only, and not otherwise spe- cially charged with any duty, whe ther the same be only evidence of a contract or obligatory on the parties from its being a written instrument,
$1.
50 cents..
Note.--Agreements as to letting er tenancy are in all cases charge-
able as leases. See articles 22 and 24.
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