184
Explanation as to criminal possession.
24 & 25 Vict. c. 98 s. 45,
Search for paper or implements employed in forgery, and for forged instruments. 26. s. 46.
Substitution of other punishments for those of 5 Eliz. C. 14.
No. 4.] THE ORDINANCES OF HONGKONG: | A.D. 1865.
cular person, but it shall be sufficient to prove that the accused did the act charged with an intent to defraud.
45. 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- (1.) has any such matter in his personal custody or possession; or (2.) knowingly and wilfully has any such matter in the actual custody or possession of any other person; or (3.) knowingly and wilfully has any such matter in any dwelling-house or other building, lodging, apartment, field, or other place, open or enclosed, whether belonging to or occupied by himself or not, and whether such matter is 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.
4
46. If it is made to appear, by information upon 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 thinks fit, grant a warrant to search for the same; and if the same is found on such search, it shall be lawful to seize and carry the same before a Police Magistrate, to be by him disposed of according to law; and all such matters and things so seized as aforesaid shall, by order of the Court where any such offender is tried, or, in case there is no such trial, then by order of a Police Magistrate, be defaced and destroyed or otherwise disposed of as such Court or Magistrate may direct.
47. Every person who, after the commencement of this Ordinance, is convicted of an offence which has been subjected by any enactment or enactments in force in this Colony to the same pains and penalties as are imposed by the Act of Parliament 5 Elizabeth Chapter 14, entitled
A.D. 186
"An Act ... offences ... shall, in ...
of the Cor ... ceeding fo ... ment for labour and ...
48. Wh ...
person fals ... matter wha ...
away, or have been i ... person dem ... do or cause ...
soever,
kno ...
feited, erase ...
any such er ... of the Act ...
One Act all for otherwise to suffer de ... Colony, any ...
any thing in person than false entry i ... ly falsifying making a tra ... person not be or knowing! declaration, virtue of an which such ...
ing such pro by means 0 would, accord guilty of felo ...
liam 4 Chapt ...
by any enacti using, or kuc mould, or in ...
visible in the ...
or causing ce ...
184
Explanation as to criminal possession.
24 & 25 Vict. c. 98 s. 45,
Search for paper or implements employed in forgery, and for forged instruments. 26. s. 46.
Substitution of other punishments for those of 5 Bliz. C. l+.
No. 4.] THE ORDINANCES OF HONGKONG: |A.D. 1865.
cular person, but it shall be sufficient to prove that the necused did the act charged with an intent to defraud.
45. 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- (1.) has any such matter in his personal custody or possession; or (2.) knowingly and wilfully has any such matter in the actual custody
or possession of any other person; or (3.) knowingly and wilfully has any such matter in any dwelling- house or other building, lodging, apartment, field, or other place, open or enclosed, whether belonging to or occupied by himself or not, and whether such matter is 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.
4
46. If it is made to appear, by information upon 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 Com- pany 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, Trame, 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 thinks fit, grant a warrant to search for the same; and if the same is found on such search, it shall be lawful to seize and carry the same before a Police Magistrate, to be by him disposed of according to law; and all such matters and things so seized as aforesaid shall, by order of the Court where any such offender is tried, or, in case there is no such trial, then by order of a Police Magis- trate, be defaced and destroyed or otherwise disposed of as such Court or Magistrate may direct.
47. Every person who, after the commencement of this Ordinance, is convicted of an offence which has been subjected by any enactment or enactments in force in this Colony to the same pains and penalties as are imposed by the Act of Parliament 5 Elizabeth Chapter 14, entitled
A.D. 186
"An Acti offences fil shall, in 1
of the Cor ceeding fo ment for labour and
48. Wh
person fals matter wha
away, or have been i person dem do or cause
soever,
kno
feited, erase
any such er of the Act
One Act all for otherwis to suffer de Colony, any
any thing in person than false entry i ly falsifying making a tra person not be or knowing! declaration, virtue of an which such
ing such pro by means 0 would, accor guilty of felo
liam 4 Chapt
by any enacti using, or kuc mould, or in
visible in the
or causing ce
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