54.
Punishment of creditor making false claim, etc.
32 & 33 Vict. c. 62 s. 14.
Prosecution of offences.
No. 7. THE ORDINANCES OF HONGKONG: [A.D. 1891
imprisonment, with or without hard labour, for any term not exceeding one year; that is to say-
(a.) if, in incurring any debt or liability, he has obtained credit under false pretences or by means of any other fraud;
(b.) if he has, with intent to defraud his creditors or any of them, made or caused to be made any gift, delivery, or transfer of or any charge on his property;
(c.) if he has, with intent to defraud his creditors, concealed or removed any part of his property since or within two months before the date of any unsatisfied judgment or order for payment of money obtained against him; and
(d.) if, after a receiving order has been made against him and whether he has been adjudicated bankrupt or not, the assets available for his unsecured creditors and for the costs of bankruptcy and administration do not together amount to twenty-five per cent. on the unsecured debts proved, unless the jury is satisfied that the extent of his insolvency arose from his misfortune unaccompanied by dishonesty or reckless speculation or extravagance on his part.
83. If any creditor in any bankruptcy or composition with creditors under the provisions of this Ordinance wilfully and with intent to defraud makes any false claim, or any proof, declaration, or statement of account which is untrue in any material particular, he shall be guilty of a misdemeanor punishable with imprisonment, with or without hard labour, for any term not exceeding one year.
84.-(1.) If, in the course of any proceedings taken under any bankruptcy petition or on the representation of the Trustee or of a creditor, it appears to the Court that there is reason to suppose that any person has been guilty of any offence under this Ordinance, the Court may order the prosecution of such person accordingly, and any such case may order the person to be prosecuted into custody, present, or, if not present, may grant a warrant for his arrest and detention until he can be taken before a Magistrate to be dealt with according to law.
(2.) Where any person is liable under any other Ordinance, under any Act of Parliament, or at Common Law to any punishment or penalty for any offence made punishable by this Ordinance, such person may be proceeded against under such other Ordinance, Act of Parliament, or at Common Law, or under this Ordinance, so that he is not punished twice for the same offence.
(3.) Where a debtor has been guilty of any criminal offence, he shall not be exempt from being proceeded against therefor by reason that he
14
54.
Punishment of creditor making false claim, etc.
32 & 33 Fict. c. 62 s. 14.
Prosecution of offences.
No. 7. THE ORDINANCES OF HONGKONG: [A.D. 1891
imprisonment, with or without hard labour, for any term not exceeding one year; that is to say-
(a.) if, in incurring any debt or liability, he has obtained credit
under false pretences or by means of any other fraud;
(b.) if he has, with intent to defraud his creditors or any
them, made or caused to be made any gift, delivery, or transfer of or any charge on his property;
(c.) if he has, with intent to defraud his creditors, concealed or removed any part of his property since or within two month before the date of any unsatisfied judgment or order for pay ment of money obtained against him; and
(d.) if, after a receiving order has been made against him and whether he has been adjudicated bankrupt or not, the assets available for his unsecured creditors and for the costs of bank ruptcy and administration do not together amount to twenty five per cent. on the unsecured debts proved, unless the jury satisfied that the extent of his insolvency arose from his mis fortune unaccompanied by dishonesty or reckless speculation or extravagance on his part.
83. If
any creditor in any bankruptcy or composition with creditors under the provisions of this Ordinance wilfully and with intent defraud makes any false claim, or any proof, declaration, or statement of account which is untrue in any material particular, he shall be guilty a misdemeanor punishable with imprisonment, with or without har labour, for any term not exceeding one year.
84.-(1.) If, in the course of any proceedings taken under any bankruptcy petition or on the representation of the Trustee or of an creditor, it appears to the Court that there is reason to suppose that any person has been guilty of any offence under this Ordinance, the Court may order the prosecution of such person accordingly, and any such case may order the person to be prosecuted into custody, present, or, if not present, may grant a warrant for his arrest and detention until he can be taken before a Magistrate to be dealt with according to law.
(2.) Where any person is liable under any other Ordinance, under any Act of Parliament, or at Common Law to any punishment of penalty for any offence made punishable by this Ordinance, such person may be proceeded against under such other Ordinance, Act Parliament, or at Common Law, or under this Ordinance, so that he not punished twice for the same offence.
same
(3.) Where a debtor has been guilty of any criminal offence, he shall not be exempt from being proceeded against therefor by reason that he
14
No comments yet.
Private notes are available after approval.