210
Exemption
from liability
to prosecution under ss. 62-
No. 5.] THE ORDINANCES OF HONGKONG: [A.D. 1865.
to become a shareholder or partner therein, or to entrust or advance any property to such body corporate or public company, or to enter into any security for the benefit thereof, 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.
72.--(1.) Nothing in any of the last ten preceding sections shall enable or entitle any person to refuse to make a full and complete discovery by answer to any bill in equity to answer any question or interrogatory in any civil proceeding in any court or on the hearing of 24 & 25 Vict. any matter in bankruptcy.
71 for compulsory disclosure.
i. 96 s. 85.
Saving of remedies
at law and in equity. 76. s. 86.
Falsification of book, etc., by clerk, etc., with intent to defraud.
38 & 39 Vict.
c. 24 ss. 1, 2.
(2.) No person shall be liable to be convicted of any of the misdemeanors mentioned in any of the said sections by any evidence whatever in respect of any act done by him, if he, at any time previously to his being charged with such offence, has first disclosed such act, upon oath or declaration, in consequence of any compulsory process of any Court of Law or Equity, in any action, suit, or proceeding which has been bona fide instituted by any party aggrieved.
(3.) A statement or admission made by any person in any compulsory examination or deposition before any court shall not be admissible as evidence against that person in any proceeding in respect of any of the misdemeanors mentioned in the said sections.
73. Nothing in any of the last eleven preceding sections, nor any proceeding, conviction, or judgment to be had or taken thereon against any person under any of the said sections, shall prevent, lessen, or impeach any remedy at law or in equity which any party aggrieved by any offence against any of the said sections might have had if this Ordinance had not been passed: but no conviction of any such offender shall be received in evidence, in any action at law or suit in equity against him; and nothing in the said sections shall affect or prejudice any agreement entered into or security given by any trustee, having for its object the restoration or repayment of any trust property misappropriated.
74.- (1.) Every person who, being a clerk, officer, or servant, or employed or acting in the capacity of a clerk, officer, or servant, wilfully and with intent to defraud,----
(a.) destroys, alters, mutilates, or falsifies any book, paper, writing, valuable security, or account which belongs to or is in the possession of his employer or has been received by him for or on behalf of his employer; or
(b.) makes or concurs in making any false entry in, or omits or alters, or concurs in omitting or altering, any material particular
shall be guilty of a misdemeanor, and being convicted thereof, shall be liable to imprisonment with or without hard labour.
(2.) In any indictment for such misdemeanor, it shall be sufficient to allege generally that the accused did the act with intent to defraud, without specifying the particular intent.
75.-(1.) Every person who, with intent to defraud, shall ... any chattel, money, or valuable security from any other person, shall be guilty of a misdemeanor, and being convicted thereof, shall be liable to imprisonment with or without hard labour for imprisonment not exceeding two years, or to be kept in solitary confinement for any term not exceeding three months.
(2.) In any indictment for such misdemeanor, it shall be sufficient to allege generally that the accused did the act with intent to defraud, without specifying the particular person or property intended to be defrauded; and on the trial of any person for stealing any chattel, money, or valuable security, it shall not be necessary to prove that the thing was stolen with the intent to defraud any particular person, if it be proved that the accused did the act with intent to defraud.
76. Every person who, with intent to defraud, shall ... any money to be received or to be retained by any other person, or shall ... the making such account, with intent to defraud, shall be guilty of a misdemeanor, and being convicted thereof, shall be liable to be kept to hard labour for a term not exceeding two years.
77. Every person who, being a director, manager, or public officer of any body corporate or public company, shall make, circulate, or publish, or concur in making, circulating, or publishing, any written statement or account which he knows to be false in any material particular, with intent to deceive or defraud any member, shareholder, or creditor of such body corporate or public company, or with intent to induce any person to become a shareholder or partner therein, or to entrust or advance any property to such body corporate or public company, or to enter into any security for the benefit thereof, shall be guilty of a misdemeanor.
210
Exemption
from liability
to prosecution under ss. 62-
No. 5.] THE ORDINANCES OF HONGKONG: [A.D. 1865.
to become a shareholder or partner therein, or to entrust or advance any property to such body corporate or public company, or to enter into any security for the benefit thereof, 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.
72.--(1.) Nothing in any of the last ten preceding sections shall en- able or entitle any person to refuse to make a full and complete dis- covery by answer to any bill in equity to answer any question or interrogatory in any civil proceeding in any court or on the hearing of 24 & 25 lit. any matter in bankruptcy.
71 for com- pulsory disclosure.
i. 96 s. 85.
Saving of remedies
at law and in equity. 76. s. 86.
Falsification of book, etc., by clerk, etc., with intent to defraud.
38 & 39 Vict.
c. 24 ss. 1, 2.
(2.) No person shall be liable to be convicted of any of the misde- meanors mentioned in any of the said sections by any evidence whatever in respect of any act done by him, if he, at any time previously to his being charged with such offence, has first disclosed such act, upon oath or declaration, in consequence of any compulsory process of any Court of Law or Equity, in any action, suit, or proceeding which has been bond țide instituted by any party aggrieved.
(3.) A statement or admission made by any person in any compul- sory examination or deposition before any court shall not be admissible as evidence against that person in any proceeding in respect of any of the misdemeanors mentioned in the said sections.
73. Nothing in any of the last eleven preceding sections, nor any proceeding, conviction, or judgment to be had or taken thereon against any person under any of the said sections, shall prevent, lessen, or impeach any remedy at law or in equity which any pa aggrieved by any offence against any of the said sections might have had if this Ordi- nance had not been passed: but no conviction of any such offender shall be received in evidence, in any action at law or suit in equity against him; and nothing in the said sections shall affect or prejudice any agreement entered into or security given by any trustee, having for its object the restoration or repayment of any trust property misappro- priated.
74.- (1.) Every person who, being a clerk, officer, or servant, or employed or acting in the capacity of a clerk, officer, or servant, wilful- ly and with intent to defraud,----
(a.) destroys, alters, inutilates, or falsifies any book, paper, writ- ing, valuable security, or account which belongs to or is in the possession of his employer or has been received by him for or on behalf of his employer; or
(b.) makes or concurs in making any false entry in, or omits or alters, or concurs in omitting or altering, any material particu-
แ
A.D. 186
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76. Every money to be
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77. Every person, by an person to ex part of any v the name of:
or the seal of or parchmen
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