1912_LARCENY_ORDINANCE__1865 — Page 21

HK Historical Laws 香港歷史法例 All AI Reviewed

(3) Such factor or agent shall be deemed to be possessed of such goods or document, whether the same are or is in his actual custody or are or is held by any other person subject to his control or for him or on his behalf.

(4) Where any loan or advance is bona fide made to any factor or agent entrusted with and in possession of any such goods or document of title, on the faith of any contract or agreement in writing to consign, deposit, transfer or deliver such goods or document of title, and such goods or document of title are or is actually received by the person making such loan or advance, without notice that such factor or agent was not authorised to make such pledge or security, every such loan or advance shall be deemed to be a loan or advance on the security of such goods or document of title within the meaning of the last section, though such goods or document of title are or is not actually received by the person making such loan or advance till the period subsequent thereto.

(5) Any contract or agreement, whether made direct with such factor or agent or with any clerk or other person on his behalf, shall be deemed to be a contract or agreement with such factor or agent.

(6) Any payment made, whether by money or bill of exchange or other negotiable security, shall be deemed to be an advance within the meaning of the last section.

(7) A factor or agent in possession as aforesaid of such goods or document of title shall be taken, for the purposes of the last section, to have been entrusted therewith by the owner thereof, unless the contrary is shown in evidence.

67. Every person who, being a trustee of any property for the use or benefit, either wholly or partially, of some other person or for any public or charitable purpose, with intent to defraud, 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 such person as aforesaid, or for any purpose other than such public or charitable purpose as aforesaid, or otherwise disposes of or destroys such property or any part thereof, shall be guilty of a misdemeanor, and shall be liable to imprisonment for any term not exceeding 7 years. Provided that no proceeding or prosecution for any offence included in this section shall be commenced without the sanction of the Attorney General: Provided, also, that where any civil proceeding has been taken...

[24 & 25 Vict. c. 96 s. 80.]

* As amended by No. 30 of 1911, No. 51 of 1911 and the Final Revision Ordinance 1912.

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(3) Such factor or agent shall be deemed to be possessed of such goods or document, whether the same are or is in his actual custody or are or is held by any other person subject to his control or for him or on his behalf. (4) Where any loan or advance is bona fide made to any factor or agent entrusted with and in possession of any such goods or document of title, on the faith of any contract or agreement in writing to consign, deposit, transfer or deliver such goods or document of title, and such goods or document of title are or is actually received by the person making such loan or advance, without notice that such factor or agent was not authorised to make such pledge or security, every such loan or advance shall be deemed to be a loan or advance on the security of such goods or document of title within the meaning of the last section, though such goods or document of title are or is not actually received by the person making such loan or advance till the period subsequent thereto. (5) Any contract or agreement, whether made direct with such factor or agent or with any clerk or other person on his behalf, shall be deemed to be a contract or agreement with such factor or agent. (6) Any payment made, whether by money or bill of exchange or other negotiable security, shall be deemed to be an advance within the meaning of the last section. (7) A factor or agent in possession as aforesaid of such goods or document of title shall be taken, for the purposes of the last section, to have been entrusted therewith by the owner thereof, unless the contrary is shown in evidence. 67. Every person who, being a trustee of any property for the use or benefit, either wholly or partially, of some other person or for any public or charitable purpose, with intent to defraud, 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 such person as aforesaid, or for any purpose other than such public or charitable purpose as aforesaid, or otherwise disposes of or destroys such property or any part thereof, shall be guilty of a misdemeanor, and shall be liable to imprisonment for any term not exceeding 7 years. Provided that no proceeding or prosecution for any offence included in this section shall be commenced without the sanction of the Attorney General: Provided, also, that where any civil proceeding has been taken... [24 & 25 Vict. c. 96 s. 80.] * As amended by No. 30 of 1911, No. 51 of 1911 and the Final Revision Ordinance 1912.
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C YAYIN LARCENY. No. 5 of 1865. 109 (3) Such factor or agent shall be deemed to be possessed of such goods or document, whether the same are or is in his actual custody or are or is held by any other person subject to his control or for him or on his behalf. (4) Where any loan or advance is bond fide made to any factor or agent entrusted with and in possession of any such goods or document of title, on the faith of any contract or agreement in writing to consign, deposit, transfer or deliver such goods or docu- ment of title, and such goods or document of title are or is actually received by the person making such loan or advance, without notice that such factor or agent was not authorised to make such pledge or security, every such loan or advance shall be deemed to be a loan or advance on the security of such goods or document of title within the meaning of the last section, though such goods or document of title are or is not actually received by the person making such loan or advance till the period subsequent thereto. (5) Any contract or agreement, whether made direct with such factor or agent or with any clerk or other person on his behalf, shall be deemed to be a contract or agreement with such factor or agent. (6) Any payment made, whether by money or bill of exchange or other negotiable security, shall be deemed to be an advance within the meaning of the last section. (7) A factor or agent in possession as aforesaid of such goods or document of title shall be taken, for the purposes of the last section, to have been entrusted therewith by the owner thereof, unless the contrary is shown in evidence. property by 67. Every person who, being a trustee of any property for the use Fraudulent or benefit, either wholly or partially, of some other person or for any public or charitable purpose, with intent to defraud, converts trustee. or appropriates the same or any part thereof to or for his own use or [24 & 25 Vict. c. 96 s. 80.] benefit, or to or for the use or benefit of any person other than such * person as aforesaid, or for any purpose other than such public or charitable purpose as aforesaid, or otherwise disposes of or destroys such property or any part thereof, shall be guilty of a misdemeanor, and shall be liable to imprisonment for any term not exceeding 7 years. Provided that no proceeding or prosecution for any offence included in this section shall be commenced without the sanction of the Attorney General: Provided, also, that where any civil * As amended by No. 30 of 1911, No. 51 of 1911 and the Final Revi.. siou Ordinance 1912. i ¡
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C

YAYIN

LARCENY.

No. 5 of 1865.

109

(3) Such factor or agent shall be deemed to be possessed of such goods or document, whether the same are or is in his actual custody or are or is held by any other person subject to his control or for him or on his behalf.

(4) Where any loan or advance is bond fide made to any factor or agent entrusted with and in possession of any such goods or document of title, on the faith of any contract or agreement in writing to consign, deposit, transfer or deliver such goods or docu- ment of title, and such goods or document of title are or is actually received by the person making such loan or advance, without notice that such factor or agent was not authorised to make such pledge or security, every such loan or advance shall be deemed to be a loan or advance on the security of such goods or document of title within the meaning of the last section, though such goods or document of title are or is not actually received by the person making such loan or advance till the period subsequent thereto.

(5) Any contract or agreement, whether made direct with such factor or agent or with any clerk or other person on his behalf, shall be deemed to be a contract or agreement with such factor or agent.

(6) Any payment made, whether by money or bill of exchange or other negotiable security, shall be deemed to be an advance within the meaning of the last section.

(7) A factor or agent in possession as aforesaid of such goods or document of title shall be taken, for the purposes of the last section, to have been entrusted therewith by the owner thereof, unless the contrary is shown in evidence.

property by

67. Every person who, being a trustee of any property for the use Fraudulent or benefit, either wholly or partially, of some other person or for any public or charitable purpose, with intent to defraud, converts trustee. or appropriates the same or any part thereof to or for his own use or

[24 & 25 Vict. c. 96 s. 80.] benefit, or to or for the use or benefit of any person other than such * person as aforesaid, or for any purpose other than such public or charitable purpose as aforesaid, or otherwise disposes of or destroys such property or any part thereof, shall be guilty of a misdemeanor, and shall be liable to imprisonment for any term not exceeding 7 years. Provided that no proceeding or prosecution for any offence included in this section shall be commenced without the sanction of the Attorney General: Provided, also, that where any civil * As amended by No. 30 of 1911, No. 51 of 1911 and the Final Revi..

siou Ordinance 1912.

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