1964_THEFT_ORDINANCE — Page 22

1986 Ed.]

Theft

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(a) from answering any question put to that person in pro- ceedings for the recovery or administration of any prop- erty, for the execution of any trust or for an account of any property or dealings with property; or

(b) from complying with any order made in any such pro-

ceedings,

but no statement or admission made by a person in answering a question put or complying with an order made as aforesaid shall, in proceedings for an offence under this Ordinance, be admissible in evidence against that person or (unless they married after the making of the statement or admission) against the wife or husband of that person.

(2) Notwithstanding any enactment to the contrary, where property has been stolen or obtained by fraud or other wrongful means, the title to that or any other property shall not be affected by reason only of the conviction of the offender.

34. (1) The following offences at common law are hereby abolished for all purposes not relating to offences committed before the commencement of this Ordinance, that is to say, any offence at common law of larceny, robbery, burglary, receiving stolen property, obtaining property by threats, extortion by colour of office or franchise, false accounting by public officers, concealment. of treasure trove and, except as regards offences relating to the public revenue, cheating.

(2) Except as regards offences committed before the com- mencement of this Ordinance, and except as the context otherwise requires--

(a) references in any enactment passed before this Ordinance to an offence abolished or contained in any provision repealed by this Ordinance shall, subject to any express amendment or repeal made by this Ordinance, have effect as references to the corresponding offence under this Ordinance, and in any such enactment "receive" (when the expression relates to an offence of receiving) shall mean handle, and "receiver" shall be construed accordingly; and

(b) without prejudice to paragraph (a), references in any enactment, whenever passed, to theft or stealing (including references to stolen goods), and references to robbery, burglary, aggravated burglary or handling stolen goods, shall be construed in accordance with the provisions of this Ordinance, including those of section 26.

35. (1) Sections 29 and 30 shall apply in relation to proceed- ings for an offence committed before the commencement of this Ordinance as they would apply in relation to proceedings for a corresponding offence under this Ordinance and shall so apply in place of any corresponding enactment repealed by this Ordinance.

Effect on existing law and construction of references to offences.

1968. c. 60. s. 32.

Transitional provisions.

1968. c. 60. s. 35(2)(3).