1937_MALICIOUS_DAMAGE_ORDINANCE__1865 — Page 13

HK Historical Laws 香港歷史法例 All AI Reviewed

66

No. 6 of 1865.

MALICIOUS DAMAGE.

Punishment of principals in second degree, accessories, and abettors.

47.--(1) In the case of every felony punishable under this Ordinance, every principal in the second degree, and every accessory before the fact, shall be punishable in the same manner as the principal in the first degree is by this Ordinance punishable.

24 & 25 Vict. c. 97, s. 56.

(2) Every accessory after the fact to any felony punishable under this Ordinance shall be liable to imprisonment for any term not exceeding two years.

(3) Every person who aids, abets, counsels, or procures the commission of any misdemeanor punishable under this Ordinance shall be liable to be proceeded against, indicted, and punished as a principal offender.

[s. 48, rep. Law Revision Ordinance, 1937.]

49. Every punishment and forfeiture by this Ordinance imposed on any person maliciously committing any offence, whether the same is punishable on indictment or on summary conviction, shall equally apply and be enforced whether the offence is committed from malice conceived against the owner of the property in respect of which it is committed or otherwise.

24 & 25 Vict. c. 97, s. 58.

50. Every provision of this Ordinance not hereinbefore so applied shall apply to every person who, with intent to injure or defraud any other person, does any of the acts hereinbefore made penal, although the offender may be in possession of the property against or in respect of which such act is done.

24 & 25 Vict. c. 97, s. 59.

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66 No. 6 of 1865. MALICIOUS DAMAGE. Punishment of principals in second degree, accessories, and abettors. 47.--(1) In the case of every felony punishable under this Ordinance, every principal in the second degree, and every accessory before the fact, shall be punishable in the same manner as the principal in the first degree is by this Ordinance punishable. 24 & 25 Vict. c. 97, s. 56. (2) Every accessory after the fact to any felony punishable under this Ordinance shall be liable to imprisonment for any term not exceeding two years. (3) Every person who aids, abets, counsels, or procures the commission of any misdemeanor punishable under this Ordinance shall be liable to be proceeded against, indicted, and punished as a principal offender. [s. 48, rep. Law Revision Ordinance, 1937.] 49. Every punishment and forfeiture by this Ordinance imposed on any person maliciously committing any offence, whether the same is punishable on indictment or on summary conviction, shall equally apply and be enforced whether the offence is committed from malice conceived against the owner of the property in respect of which it is committed or otherwise. 24 & 25 Vict. c. 97, s. 58. 50. Every provision of this Ordinance not hereinbefore so applied shall apply to every person who, with intent to injure or defraud any other person, does any of the acts hereinbefore made penal, although the offender may be in possession of the property against or in respect of which such act is done. 24 & 25 Vict. c. 97, s. 59.
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66 No. 6 of 1865. MALICIOUS DAMAGE. Punishment of principals in second degree, accessories, searching in the day-time any house, mill, magazine, godown, storehouse, warehouse, shop, cellar, yard, wharf, or other place, or any carriage, wagon, cart, ship, boat, or vessel, in which the same is suspected to be made, kept, or carried for such purpose as hereinbefore mentioned. (2) Every person acting in the execution of any such warrant shall have, for seizing, removing to proper places, and detaining all such gunpowder, or explosive, dangerous, or noxious sub- stances, and every such machine, engine, instrument, or thing, found upon such search, which he may have good cause to suspect to be intended to be used in committing any such offence, and the barrels, packages, cases, and other receptacles in which the same may be, the same powers and protections which are given by any Ordinance relating to gunpowder. Miscellaneous. 47.--(1) In the case of every felony punishable under this Ordinance, every principal in the second degree, and every accessory before the fact, shall be punishable in the same manner as the principal in the first degree is by this Ordinance 24 & 25 Vict. punishable. and abettors. c. 97, 8. 56. Malice against owner of property unnecessary. (2) Every accessory after the fact to any felony punishable under this Ordinance shall be liable to imprisonment for any term not exceeding two years. (3) Every person who aids, abets, counsels, or procures the commission of any misdemeanor punishable under this Ordinance shall be liable to be proceeded against, indicted, and punished as a principal offender. [s. 48, rep. Law Revision Ordinance, 1937-] 49. Every punishment and forfeiture by this Ordinance imposed on any person maliciously committing any offence, whether the same is punishable on indictment or on summary 24 & 25 Vict. Conviction, shall equally apply and be enforced whether the offence is committed from malice conceived against the owner of the property in respect of which it is committed or otherwise. c. 97, s. 58. Persons in possession of property injured. 50. Every provision of this Ordinance not hereinbefore so applied shall apply to every person who, with intent to injure or defraud any other person, does any of the acts hereinbefore 24 & 25 Vict. made penal, although the offender may be in possession of the property against or in respect of which such act is done. c. 97, 8. 59.
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66

No. 6 of 1865.

MALICIOUS DAMAGE.

Punishment of principals in second degree, accessories,

searching in the day-time any house, mill, magazine, godown, storehouse, warehouse, shop, cellar, yard, wharf, or other place, or any carriage, wagon, cart, ship, boat, or vessel, in which the same is suspected to be made, kept, or carried for such purpose as hereinbefore mentioned.

(2) Every person acting in the execution of any such warrant shall have, for seizing, removing to proper places, and detaining all such gunpowder, or explosive, dangerous, or noxious sub- stances, and every such machine, engine, instrument, or thing, found upon such search, which he may have good cause to suspect to be intended to be used in committing any such offence, and the barrels, packages, cases, and other receptacles in which the same may be, the same powers and protections which are given by any Ordinance relating to gunpowder.

Miscellaneous.

47.--(1) In the case of every felony punishable under this Ordinance, every principal in the second degree, and every accessory before the fact, shall be punishable in the same manner as the principal in the first degree is by this Ordinance 24 & 25 Vict. punishable.

and abettors.

c. 97, 8. 56.

Malice against owner of property unnecessary.

(2) Every accessory after the fact to any felony punishable under this Ordinance shall be liable to imprisonment for any term not exceeding two years.

(3) Every person who aids, abets, counsels, or procures the commission of any misdemeanor punishable under this Ordinance shall be liable to be proceeded against, indicted, and punished as a principal offender.

[s. 48, rep. Law Revision Ordinance, 1937-]

49. Every punishment and forfeiture by this Ordinance imposed on any person maliciously committing any offence, whether the same is punishable on indictment or on summary 24 & 25 Vict. Conviction, shall equally apply and be enforced whether the offence is committed from malice conceived against the owner of the property in respect of which it is committed or otherwise.

c. 97, s. 58.

Persons in possession of property injured.

50. Every provision of this Ordinance not hereinbefore so applied shall apply to every person who, with intent to injure or defraud any other person, does any of the acts hereinbefore 24 & 25 Vict. made penal, although the offender may be in possession of

the property against or in respect of which such act is done.

c. 97, 8. 59.

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