204
Form of arrest warrant, under ss. 57 and 58.
any manner
No. 5. THE ORDINANCES OF HONGKONG : [A.D. 1865.
which is entrusted to or received or taken into possession by him by virtue of his employment, or any part thereof, or fraudulently applies or disposes of the same or any part thereof to his own use or benefit or for any purpose whatsoever except for the public service, shall be deemed to have feloniously stolen the same from Her Majesty, and, being convicted thereof, shall be liable, at the discretion of the Court, to imprisonment with hard labour for any term not exceeding fourteen years and not less than three years or to imprisonment for any term not exceeding two years, with or without hard labour.
59. In every case of larceny, embezzlement, or fraudulent application or disposition of any chattel, money, or valuable security mentioned in the last two preceding sections, it shall be lawful, in the warrant of commitment by the Magistrate before whom the offender is charged and in the indictment to be preferred against such offender, to lay the property of any such chattel, money, or valuable security in Her Majesty.
c. 96 s. 70.
Person indicted for embezzlement, not to be acquitted if offence turns out to be larceny; and vice versa.
60.—(1.) If, on the trial of any person indicted for embezzlement or fraudulent application or disposition as aforesaid, it is proved that he took the property in question in any such manner as to amount in law to larceny, he shall not by reason thereof be entitled to be acquitted, but the jury shall be at liberty to return as their verdict that such person is not guilty of embezzlement or fraudulent application or disposition, but is guilty of simple larceny, or of larceny as a clerk, servant, or person employed for the purpose or in the capacity of a clerk or servant, or as a person employed in the public service or in the Police Force, as the case may be; and thereupon such person shall be liable to be punished in the same manner as if he had been convicted on an indictment for such larceny.
(2.) If, on the trial of any person indicted for larceny, it is proved that he took the property in question in any such manner as to amount in law to embezzlement or fraudulent application or disposition as aforesaid, he shall not by reason thereof be entitled to be acquitted, but the jury shall be at liberty to return as their verdict that such person is not guilty of larceny, but is guilty of embezzlement or fraudulent application or disposition, as the case may be, and thereupon such person shall be liable to be punished in the same manner as if he had been convicted on an indictment for such embezzlement or fraudulent application or disposition.
(3.) No person so tried for embezzlement, fraudulent application or disposition, or larceny as aforesaid shall be liable to be afterwards prosecuted for larceny, fraudulent application or disposition, or embezzlement upon the same facts.
A.D. 186...
(1. used by him...tract has been...person on...and, being...Court, to...without hard labour...
male under...case the value...dollars, shall...with hard labour...than three...
5
years, with...imprisonment, and...whipping.
(2.) In every...it shall be lawful...larceny, and...section, to proceed...not a tenant...owner or person...
62.—(1.)
(a.) having...person...with...any...Security...any...any...and...to his...other...money...or...
(b.) having...person...with...for the...stock thereof...
204
Form of
atc.. warrant, under ss. 57 and 58.
any manner
No. 5. THE ORDINANCES OF HONGKONG : [A.D. 1865. which is entrusted to or received or taken into possession by him by virtue of his employment, or any part thereof, or in fraudulently applies or disposes of the same or any part thereof to his own use or benefit or for any purpose whatsoever except for the public service, shall be deemed to have feloniously stolen the same from Her Majesty, and, being convicted thereof, shall be liable, at the discretion of the Court, to imprisonment with hard labour for any term not exceed- ing fourteen years and not less than three years or to imprisonment for any term not exceeding two years, with or without hard labour.
59. In every case of larceny, embezzlement, or fraudulent application or disposition of any chattel, money, or valuable security mentioned ̧in the last two preceding sections, it shall be lawful, in the warrant of 225 ct. commitment by the Magistrate before whom the offender is charged and in the indictment to be preferred against such offender, to lay the property of any such chattel, money, or valuable security in Her Majesty.
c. 96 s. 70.
l'erson indicted for embezzle-
eles, not to be acquitted if
offence turns
out to be
larceny; mud
60.--(1.) If, on the trial of any person indicted for embezzlement or fraudulent application or disposition as aforesaid, it is proved that he took ment as clerk. the property in question in any such manner as to amount in law to larceny, he shall not by reason thereof be entitled to be acquitted, but the jury shall be at liberty to return as their verdiet that such person is not guilty of embezzlement or fraudulent application or disposition, but is guilty of simple larceny, or of larceny as a clerk, servant, or person employed for the purpose or in the capacity of a clerk or servant, or as a person employed in the public service or in the Police Force, as the case may be; and thereupon such person shall be liable to be punished in the same manner as if he had been convicted on an indictment for such larceny.
vios verrâ. lb. s. 72.
(2.) If, on the trial of any person indicted for larceny, it is proved that he took the property in question in any such manner as to amount in law to embezzlement or fraudulent application or disposition as aforesaid, he shall not by reason thereof be entitled to be acquitted, but the jury shall be at liberty to return as their verdict that such person is not guilty of larceny, but is guilty of embezzlement or fraudulent application or disposition, as the case may be, and thereupon such per- son shall be liable to be punished in the same manner as if he had been convicted on an indictment for such embezzlement or fraudulent appli- cation or disposition.
(3.) No person so tried for embezzlement, fraudulent application or disposition, or larceny as aforesaid shall be liable to be afterwards pro- secuted for larceny, fraudulent application or disposition, or embezzle- ment upon the same facts.
A.D. 186
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