206
Misappropri- ation by banker, etc., of property entrusted to him for safe custody.
24 & 25 Vict. c. 96 s. 76.
No. 5. THE ORDINANCES OF HONGKONG: [A.D. 1865.
stock or fund of any body corporate, company, or society, for safe custody or for any special purpose, without any authority to sell, negotiate, transfer, or pledge. in violation of good faith and contrary to the object or purpose for which such chattel, security, or power of attorney has been entrusted to him, sells, negotiates, transfers, pledges, or in any manner converts to his own use or benefit, or to the use or benefit of any person other than the person by whom he has been so entrusted, such chattel or security, or the proceeds of the same, or any part thereof, or the share or interest in the stock or fund to which such power of attorney relates, or any part thereof,
shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable, at the discretion of the Court, to imprisonment with hard labour for any term not exceeding seven years and not less than three years or to imprisonment for any term not exceeding two years, with or without hard labour and with or without solitary confinement.
(2.) Nothing in this section relating to agents shall-
(a.) affect any trustee in or under any instrument whatsoever, or any mortgagee of any property, in respect of any act done by such trustee or mortgagee in relation to the property comprised in or affected by any such trust or mortgage; or (b.) restrain any banker, merchant, broker, attorney, or other agent from receiving any money which is or becomes actually due and payable on or by virtue of any valuable security, according to the tenor and effect thereof, in such manner as he might have done if this Ordinance had not been passed, or from selling, transferring, or otherwise disposing of any securities or effects in his possession upon which he may have any lien, claim, or demand entitling him by law to do so, unless such sale, transfer, or other disposal extends to a greater number or part of such securities or effects than is requisite for satisfying such lien, claim, or demand.
83. Every person who, being a banker, merchant, broker, attorney, or agent, and being entrusted, either solely or jointly with any other person, with the property of any other person for safe custody, with intent to defraud, sells, negotiates, transfers, pledges, or in any manner converts or appropriates the same or any part thereof to or for his own use or benefit, or to or for the use or benefit of any person other than the person by whom he has been so entrusted, shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable, at the discretion of the Court, to any of the punishments which the Court may award as hereinbefore last mentioned.
A.D. 1865
64. Every person who, being a banker, merchant, broker, attorney, or agent, or any other person entrusted with any property, sells, negotiates, transfers, pledges, or in any manner converts or appropriates the same or any part thereof to or for his own use or benefit, or to or for the use or benefit of any person other than the person by whom he has been so entrusted, shall be guilty of a misdemeanor, and shall be liable, at the discretion of the Court, to...
65.--(1.) Every factor or other person entrusted, solely or jointly with any other person or persons, with the possession of any goods, chattels, or other property, for safe custody, or for any special purpose, without any authority to sell, negotiate, transfer, or pledge the same, who, in violation of good faith, and contrary to the object or purpose for which such goods, chattels, or other property have been entrusted to him, sells, negotiates, transfers, pledges, or in any manner converts or appropriates the same or any part thereof to or for his own use or benefit, or to or for the use or benefit of any person other than the person by whom he has been so entrusted, shall be guilty of a misdemeanor, and shall be liable, at the discretion of the Court, to...
(2.) Every person who knowingly and wilfully assists in making away with, or in receiving, or in accepting any valuable security, or any property entrusted to any such factor or other person as aforesaid, shall be guilty of a misdemeanor, and shall be liable, at the discretion of the Court, to...
66.--(1.) A...
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Page 21
206
Misappropri- ation by
banker, etc., of property entrusted to him for safe custody.
24 & 25 Vict. c. 96 s. 76.
No. 5. THE ORDINANCES OF HONGKONG: [A.D. 1865.
stock or fund of any body corporate, company, or society, for safe custody or for any special purpose, without any authority to sell, negotiate, transfer, or pledge. in violation of good faith and contrary to the object or purpose for which such chattel, security. or power of attorney has been entrusted to him, sells, negotiates, transfers, pledges, or in any manner converts to his own use or benefit, or to the use or benefit of any person other than the person by whom he has been so entrusted, such chattel or secu- rity, or the proceeds of the same, or any part thereof, or the share or interest in the stock or fund to which such power of
attorney relates, or any part thereof,
shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable, at the discretion of the Court, to imprisonment with hard labour for any term not exceeding seven years and not less than three years or to imprisonment for any term not exceeding two years, with or without. hard labour and with or without solitary confinement.
(2.) Nothing in this section relating to agents shall-
(a.) affect any trustee in or under any instrument whatsoever, or any mortgagee of any property, in respect of any act done by such trustee or mortgagee in relation to the property comprised in or affected by any such trust or mortgage ; or (6.) restrain any banker, merchant, broker, attorney, or other agent from receiving any money which is or becomes actually due and payable on or by virtue of any valuable security, according to the tenor and effect thereof, in such manner as he might have done if this Ordinance had not been passed, or from selling, trans- ferring, or otherwise disposing of any securities or effects in his possession upon which he may have any lien, claim, or demand entitling him by law to do so, unless such sale, transfer, or other disposal extends to a greater number or part of such securities or effects than is requisite for satisfying such lien, claim, or demand.
83. Every person who, being a banker, merchant, broker, attorney, or agent, and being entrusted, either solely or jointly with any other per- son, with the property of any other person for safe custody, with intent to defraud, sells, negotiates, transfers, pledges, or in any manner converts or appropriates the same or any part thereof to or for his own use or benefit, or to or for the use or benefit of any person other than the person by whom he has been so entrusted, shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable, at the discretion of the Court, to any of the punishments which the Court may award as hereinbefore last mentioned.
A.D. 1865
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66.--(1.) A
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