Forgery.
[CAP. 209
that any person has in his custody or possession without lawful authority or excuse-
(a) any bank note; or
(b) any implement for making paper or imitation of the paper used for bank notes; or
(c) any material having thereon any words, forms, devices or characters capable of producing or intended to produce the impression of a bank note;
or
(d) any forged document, seal or die; or
(e) any machinery, implement, utensil or material used or intended to be used for the forgery of any document,
the magistrate may grant a warrant to search for the same, and if the same is found on search, it shall be lawful to seize it and carry it before a magistrate to be by him disposed of according to law.
(2) Every document, seal or die lawfully seized under such warrant shall be defaced and destroyed or otherwise disposed of-
(a) by order of the court or magistrate before which or whom the offender is tried; or
(b) if there be no trial, by order of a magistrate.
(3) Where any forged bank note, or any machinery, implement, utensil or material used or intended to be used for the forgery of a bank note, is lawfully seized under a warrant granted in pursuance of subsection (1) or otherwise, the bank note, machinery, implement, utensil or material, as the case may be, shall, notwithstanding anything in subsection (2), be delivered up to the Financial Secretary or to any person authorized by him for the purpose, by order of the court or magistrate before which or whom the offender is tried or, if there be no trial, by order of a magistrate.
16. (1) In an indictment or information for an offence against this Ordinance with reference to any document, seal or die, it is sufficient to refer to the document, seal or die by any name or designation by which it is usually known or by its purport, without setting out any copy or facsimile of the whole or any part of the document, seal or die.
25 & 26 Geo. 5, c. 25, s. 2.
Form of and proof of indictment of intent.
3 & 4 Geo. 5, c. 27, s. 17.
35
Forgery.
[CAP. 209
that any person has in his custody or possession without lawful authority or excuse-
(a) any bank note; or
(b) any implement for making paper or imitation of
the paper used for bank notes; or
(c) any material having thereon any words, forms, devices or characters capable of producing or intended to produce the impression of a bank note;
or
(d) any forged document, seal or die; or
(e) any machinery, implement, utensil or material used or intended to be used for the forgery of any document,
the magistrate may grant a warrant to search for the same, and if the same is found on search, it shall be lawful to seize it and carry it before a magistrate to be by him disposed of according to law.
(2) Every document, seal or die lawfully seized under such warrant shall be defaced and destroyed or otherwise disposed of-
(a) by order of the court or magistrate before which or
whom the offender is tried; or
(b) if there be no trial, by order of a magistrate.
(3) Where any forged bank note, or any machinery, implement, utensil or material used or intended to be used for the forgery of a bank note, is lawfully seized under a warrant granted in pursuance of subsection (1) or other- wise, the bank note, machinery, implement, utensil or material, as the case may be, shall, notwithstanding anything in subsection (2), be delivered up to the Financial Secretary or to any person authorized by him for the purpose, by order of the court or magistrate before which or whom the offender is tried or, if there be no trial, by order of a magistrate.
16. (1) In an indictment or information for an offence against this Ordinance with reference to any document, seal or die, it is sufficient to refer to the document, seal or die by any name or designation by which it is usually known or by its purport, without setting out any copy or facsimile of the whole or any part of the document, seal or die.
25 & 26
Geo. 5, c.
25, s. 2.
Form of and proof
indictment
of intent.
3 & 4 Geo. 5,
c. 27, s. 17.
35
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