FORGERY ORDINANCE, 1922
Title
FORGERY ORDINANCE, 1922
Description
No. 11 of 1922.
An Ordinance to consolidate, simplify, and amend the law
relating to forgery and kindred offences.
[9th June, 1922.]
1. This Ordinmice may be cited as the Forgery Ordi-
nance, 1922.
2.-(1) In this Ordinance,
(a) Bank note includes any note or bill of exchange of
the Bank of England. or Bank of Ireland, or of any other
person, body corporate, or company carrying on the business
of banking in any part of the world, and includes bank bill,
bank post bill, blank bank note, blank bank bill of exchange,
and blank bank post bill.
(b) Die includes any plate, type, tool, chop, or imple-
ment whatsoever, and alto any part of any die, plate, type,
tool, chop, or implement, and any stamp or impression there-
of or any part of such stamp or impression.
(c) ---Document of title to goods includes any bill of
lading, India warrant, dock Warrant, godown warrant, ware-
house keepers certificate, warrant or order for the delivery
or transfer of any goods or valuable thing, bought or sold
note, or any other document used in the ordinary course of
business as proof of the possession or control of goods, or
authorising or purporting to authorise either by indorsement
or by delivery the possessor of such document to transfer or
receive any goods thereby represented or therein mentioned
or referred to.
(d) Document of title to lands ineltides any deed, map,
roll, register, or instrument in writing being or containing
evidence of the title or any part. of the title to any land or
to any interest in or arising out of any land, or any authen-
ticated copy thereof.
(e) Revenue paper means any paper provided by, the
proper authority for the purpose of being used for stamps,
licences, permits, Post Office money orders, or postal orders,
or for any purpose whatever connected with the public
revenue.
(f) Seal includes any stamp or impression of a seal or
any stamp or impression made or apparently intended to
resemble tbe stamp or impression or a seal, as well as the
seal itself.
(g) Stamp includes a stamp impressed by means of a
die as well as an adhesive stamp.
(h) Valuable security includes any writing entitling or
evidencing the title of any person to any share or interest
in any public stock, annuity, fund, or debt of any part of
His Majesty's dominions or of any foreign state, or in any
stock, annuity, fund, or debt of any body corporate, com-
pany, or society, whether within or without His Majesty's
dominions, or to any deposit in any bank, and also includes
any scrip, debenture, bill, note, warrant, order, or other
security for the payment of money, or any accountable
receipt, release, or discharge, or any receipt or other instru-
ment evidencing the payment of money, or the delivery of
any chattel personal.
(2) References in this Ordinance to any Act in force in
the United Kingdom at the commencement of this Ordinance
shall be held to include a reference to that Act as amended,
extended, or applied by any other Act.
3.-(1) For the purposes of this Ordinance, forgery is. the
making of a false document in order that it may be used as
genuine, and in the case of the seals and dies mentioned in
this Ordinance the counterfeiting of a seal or die, and
forgery with intent to defraud or deceive, as the case may
be, is punishable as in this Ordinance provided.
(2) A document is false within the meaning of this Ordi-
nance if the whole or any material part thereof purports to
be made by or on behalf or. on account of a person who did
not make it nor authorise its making; or if, though made
by or on behalf or on account of the person by whom or by
whose authority it purports to have been made, the time or
place of making, where either is material, or, in the case of
a document identified by number or mark, the number or
any distinguishing mark identifying the document, is falsely
stated therein and in particular a document is false:-
(a) if any material alteration, whether by addition, inser-
tion, obliteration, erasure., removal, or otherwise, has been
made therein;
(b) if the whole or some material part of it purports to be
made by or on. behalf of a fictitious or deceased person;
(c) if, though made in the name of an existing person, it
is made by him or by his authority with the intention that
it should pass as having been made by some person, real or
fictitious, other than the person. who made or authorised it.
(3) For the purposes of this Ordinance,-
(a) it is immaterial in what language a document is
expressed or in what place within or without His Majesty's
dominions it is expressed to take effect;
(b) forgery of a document may be complete even if the
document when forged is incomplete, or is not or does not
purport to be such a document as would be binding or
sufficient in law; and
(c) the crossing on any cheque, draft bn a banker, Post
Officenioney order, postal order, coupon, or other document
the crossing of which is authorised or recognised by law,
shall be a material part of such cheque, draft, order, coupon,
or document.
4.-(1) Forgery of the following documents, if committed
with intent to defraud, shall be felony andpunishable with
imprisonment for life:-
(a) any will, codicil, or other testamentary document,
either of a dead or of a living person, or any probate or
letters of administration, whether with or without the will
annexed;
(b) any deed or bond, or any assigninent at law or in
equity of any deed or bond, or any attestation of the execution
of any deed or bond;
(c) any bank note, or any indorsement on or assignment
of any bank note.
(2) Forgery of the following documents, if committed with
intent to defraud, shall be felony and punishable with
imprisonment for any term not exceeding fourteen years:--
(a) any valuable security or assignment thereof or indorse-
ment thereon, or, where the valuable security is a bill of
exchange, any acceptance thereof;
(b) any document of title to lands or any assignment there-
of or indorsement thereon;
(c) any documeht of title to goods or any assignment
thereof or indorsement thereon;
(d) any power of attorney. or other authority to transfer
any share or interest in any stock, animity, or public fund
of the United Kingdom or any part of his Majesty's dominions
or of any foreign state or country or to transfer any share or
interest in the debt of any public body, company, or society,
British or foreign, or in the capital stock of any such company
or society' or to receive any dividend or money payable in
respect of such share or interest or any attestation of any
such power of attorney or other authority;
(e) any entry in any book or register which is evidence
of the title of any person to any share or interest herein-
before mentioned or to any dividend or interest payable in
respect thereof
(f) any policy of insurance or any assignment thereof or
indorsement thereon;
(g) any charter party or any assignment thereof;
(h) any declaration, warrant, order, affidavit, affirmation,
certificate, or other document required or authorised to be
made by or for the purposes of the Government Annuities
Act, 1829, or the Government Annuities Act, 1832, or by
the National Debt Commissionersacting under the authority
of the said Acts;
(J) any certificate, certificate of valuation, sentence or
decree of condemnation or restitution, or any copy of such
sentence or decree, or any receipt required by the Slave
Trade Acts.
5.-(1) Forgery, of the following documents, if committed
with intent to defraud or deceive, shall be felony, and
punishable with imprisonment for life:-
Any document whatsoever having thereupon or affixed
thereto the stamp or impression of the 0Treat Seal of the
United Kingdom, His Majesty's Privy Seal, any privy signet
of His Majesty, His Majestys Royal Sign Manual, any of His
Majesty's seals appointed by the twenty-fourth Article of
the Union between England and Scotland to be, kept, used,
and continued in Scotland, the Great Seal of Ireland, the
Privy Seal of Ireland or the public seal of the Colony.
(2) Forgery of the following documents, if committed with
intent to defraud or deceive, shall be felony, and punishable
with imprisonment for any term not exceeding, fourteen
years:-
(a) any register or record of births, baptisms, namings,
dedications, marriages, deaths, burials or cremations, which
now is, or hereafter may be, by law authorised or required
to be kept in the Colony, relating to any birth, baptism,
naming, dedication, marriage., death, burial, or cremation, or
any part of any such register, or any certified copy of any
such register, or of any part thereof;
(b) any copy of any register of baptisnis, marriages,
burials, or cremations, directed or required by law to be
transmitted to any registrar or other officer;
(c) any register of the birth, baptism, death, burial, or
cremation of any person to be appointeda nominee under the
provisions of the Government Annuities Act, 1829, or any
copy or certificate of any such register, or the name of any
witness to any such certificate;
(d) any wrapper or label provided by or under the authority
of the Governor or the head of any department of the
Governmentof the Colony.
(3) Forgery of the following documents, if committed with
intent to defraud or deceive, shall be felony, and punishable
with imprisonment for any term not exceeding seven years:--
(a) any official document whatsoever of or belonging to
any court of justice, or made or issued by any judge,
magistrate, officer, or clerk of any such court;
(b) any register or book kept under the provisions of any
law in or under the. authority of any court of justice;
(c) any certificate, office copy, or certified copy of any such
document, register, or book or of any part thereof.
(d) any document which any magistrate is anthorised or
required by law to make or issue;
(e) any docurnent which any person an thorised to adminis-
ter an oath mider the commissioners for Oaths Act, 1889,
is -authorised or required by law to make or issue;
(f) any document made or issued by an officer of state or
law officer of the Crown, or any document upon which, by-
the law or usage at the time in force, any court of justice or
any officer might act;
(g) any document or copy of a document -used or intended
to be used in evidence in any court of record, or any document
which is made evidence by law;
(h) any certificate required any enactment for the
celebration of marriage;
(i) any licence for the celebration of marriage which may
be given by law;
(j) any certificate, declaration, or order under any enact-
ment relating to the registration of births or deaths ;
(k) any register book, builder's certificate, surveyor's
certificate, certificate of registry, declaration, bill of sale,
instrument of mortgage, or certificate of mortgage or sale
under Part I of the Merchant. Shipping Act, 1894, or any
entry or indorsement required by the said Part of the said
Act to be made in or on any of those documents;
(1) any permit, certificate, or similar document made or
granted by or under the authority of the Governor or the
head of any department of the Government of the Colony.
6-(1) Forgery of any document, which is not made felony
under this or any other enactment for the time being in force,
if committed with intent to defraud, shall be a misdemeanor
and punishable with imprisonment for any term not exceeding
three years.
(2) Forgery of any public document which is not made
felony under this or any offier enactment for the time being
in force, if committed with intent to defratid or deceive, shall
be a misdemeanor and punishable with imprisonment for
any term not exceeding three years.
7.-(1) Forgery of the following seals, if cominitted
with intent to defraud or deceive, shall be felony and
punishable with penal servitude for life:-
(a) the Great Seal of the United Kingdom, His Majesty's
Privy Seal, any privy signet of His Majesty, His Majesty's
Royal Sign Manual, any of His Majesty's seats appointed by
the twenty-fourth Article of the Union between England
and Scotland to be kept, used, and continued in Scotland,
the Great Seal of Treland., the Privy Seal of Treland, or the
public seal of the Colony;
(b) the seal of any court of record.
(2) Forgery of the following seals, if committed with
intent to defraud or deceive, shall be felony, and punishable
with imprisonment for any term not exceeding fourteen
years :-
(a) the seal of any register office relating to births,
baptisms, marriages, or deaths;
(b) the seal of or belonging to any office for the registry
of deeds or titles to lands.
(3) Forgery of the following seal, if committed with
intent to defraud or deceive, shall be felony and punishable
with imprisonment for any term not exceeding seven
years:-
the seal of any court of justice other than a court of
record.
(4) Forgery of the following seals or dies, if committed
with intent to defraud or deceive, shall be felony and
punishable with imprisonment for any term not exceeding
seven. years :-
(a) any seal or die provided, made, or used by or under
the authority of the Governor or the head of any department
of the Government of the Colony;
(b) any seal or die provided, made or used by any person,
firm or company for the purpose of the affairs of such
person, firm or company.
8.-(1) Every person who utters any forged document,
seal, or die shall be guilty of an offence of the like degree
(whether felony or misdemeanor) and on conviction thereof
shall be liable to the same punishment as if he himself had
forged the document, seal, or die.
(2) A person utters a forged document, seal, or die, who,
knowing the same to be forged, and with either of the
intents necessary to constitute the offence of forging the
said document, seal, or die, uses, offers, publishes, delivers,
disposes of, tenders in payment or in exchange, exposes
for sale or exchange, exchanges, tenders in evidence, or
puts off the said forged docunie nt, seal, or die.
(3) It is immaterial where the-document, seal, or die, was
forged.
9. Every person shall be guilty of felony and on con-
viction thereof shall be liable to imprisonment for any term
not exceeding fourteen years, who, with intent to defraud,
demands, receives, or obtains, or causes or procures to be
delivered, paid or transferred to any person, or endeavours
to receive or obtain or to cause or procure to be delivered,
paid or transferred to any person any money, security for
money or other property, real or personal-
(1) under, upon, or by virtue of any forged instrument
whatsoever, knowing the same to be forged; and
(2) under, upon, or by virtue of any probate or letters of
ad ministration, knowing the will, testament, codicil, or
testamentary writing on which such probate or letters of
administration shall have been obtained to have been
forged, or knowing such probate or letters of administration
to have been obtained by any false oath, affirmation, or
affidavit.
10.-(1) Every person shall be guilty of felony and on
conviction thereof shall be liable to imprisonment for any
term not exceeding fourteen years, who without lawful a
authority or excuse purchases.or -receives from any person,
or has in his custody or possession, a forged bank note,
knowing the same to be forged.
(2) Every person shall be guilty of felony and on convic-
tion thereof shall be liable to imprisonment for any term not
exceeding seven years, who, without lawful authority or
excuse and knowing the same to be forged, has in his custody
or possession any forged seal or die the forgery of which
with intent to defraud or deceive is inade punishable by
section 7.
Every person shall be guilty of felony and on convic-
tion thereof shall be liable to imprisonment for any term not
exceeding seven years, -who without lawful authority or
excuse-
(a) makes, uses, or knowingly has in his custody or
possession any paper intended to resemble and pass as-
(i) special paper such as is provided and used for making
any bank note;
(ii) revenue paper.
(b) makes, uses, or knowingly has in his custody or
possession, any frame, mould, or instrument for making such
paper, or for producing in or on such paper any words,
figures, letters, marks, lines, or devices peculiar to and used
in or on any such paper;
(c) engraves or in anywise makes upon any plate, wood,
stone, or other material, any words, figures, letters, marks,
lines, or devices, the print whereof resembles in whole or in
part any words, figures, letters, marks, lines, or devices
peculiar to and used in or on any bank note, or in or on any
document entitling or evidencing the title of any person to
anv share or interest in any public stock, annuity, fund, or
debt of any part of His Majesty's dominions or of any foreign
state, or in any stock, annuity, fund, or debt, of any body
corporate, company, or society, whether within or without
His Majesty's dominions
As amended by Law Rev. Ord., 1924.
(d) uses or knowingly has in his custody or possession
any plate, wood, stone, or other material, upon which any
such words, figures, letters, marks, lines, or devices, have.
been engraved or in anywise made as aforesaid;
(e) uses or knowingly has in his custody or possession
any paper upon which any such words, figures, letters,
marks. lines, or devices have been printed or in anywise
made as aforesaid.
12. Every person who knowingly and wilfully aids, abets,
counsels, causes, procures, or cominands the commission of
an offence punishable -under this Ordinance shall be liable
to be dealt with, indicted, tried, and punished as a principal
offender.
13.-(1) On conviction of a misdemeanor punishable
under this Ordinance, the couirt or magistrate, instead of or
in addition to any other punishment which may be lawfully
imposed, may fine the offender.
(2) On conviction of a felony punishable under this Ordi-
nance, the court or magistrate, in addition to imposing a
sentence of imprisonnient, may require the offender to enter
into his own recognizances, with or without sureties, for
keeping the peace and being of good behaviour.
(3) On conviction of a misdemeanor punishable under
this Ordinance, the court or magistrate, instead of or in
addition to any other punishment which. may lawfully be
imposed for the offence, may require the offender to enter
into his own. recognizances, with or without sureties, for
keeping the peace and being of good behaviour.
(4) No person shall be imprisoned under this section for
more than one year for not finding sureties.
14. Where the having any document, seal, or die in the
51custody or possession of any person is in this Ordinance
expressed to be an offence, a person shall be deemed to have
a document, seal or die in his custody or possession if he-
(1) has it in his personal custody or possession; or
As amended by Law Rev. Ord., 1924.
(2) knowingly and wilfully has it in the actual custody or
posssession of any other person, or in any building, lodging,
apartment, field, or other place,. whether open or inclosed,
and whether occupied by himself or not.
It is immaterial whether the document, matter, or thing is
had in such custody, possession, or place for the use of such
person or for the use or benefit of another person.
15.-(1) If it shall be made to appear by information on
oath before a magistrate that there is reasonable cause to
believe that any person has in his custody or possession
without lawful authority or exclise-
(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, desices,
or chara7eters capable of producing or intended to produce
the impression of a bank note; or
(d) any forged document, seal, or die; or
(c) 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 shall be 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 the
offender is tried; or
(b) 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.
(2) Where an intent to defraud or an intent to deceive is
one, of the constituent elements of an offence ptinishable
under this Ordinance, or under any other enactment relating
to forgery or any kindred offence for the time being in force,
it shall not be necessary to prove and intent to defraud or
deceive, any particular person; and it shall be sufficient to
prove that the defendant did the act charged with intent to
defraud or to deceive, as the ease may require.
(3) If any person who is a rnember of any co-partnership,
or is one of two or more beneficial owners of any property,
forges any doctiment, matter, or thing with intent. to def raxid
the co-partnership or the other beneficial owners, he is
liable to be dealt with, indicted, tried, and ponished as if
he had not been or was not a member of the co-partnership,
nor one of such beneficial owners.
17.---(1) where an offence against this Ordinance also by
virtue of some other enactment sobjects the offender to any
forfeiture or disqualication, or to any penalty other than
imprisonment or fine, the liability of the offender to punish-
ment under this Ordinance shall be in addition to and not
in substitution for his liability under such other enactment.
(2) Where an offence against this Ordinance is also an
offence under the term-, of any other Ordinance, whether
passed before or after the commencement of this Ordinance,
proceedings may be taken either under such other Ordinance
or under this Ordinance.
[s. 18, incorporated in No. 4 of 1865; s. 19, incorporated
in No. 2 of 1889 ; s. 20 and Schedide, repealed by
Law Revision Ordinance, 1924.]
[Originally No. 11 of 1922. Law Rev. Ord., 1924.] Short title. Interpretation. 3 & 4 Geo. 5, c. 27, s. 18. [s. 2 contd.] Definition of forgery. 3 & 4 Geo. 5, c. 27, s. 1. Forgery of certain documents with intent to defraud. 3 & 4 Geo. 5, c. 27, s. 2. 10 Geo. 4, c. 24. 2 & 3 Will. 4, c. 59. Forgery of certain documents with intent to defraud or deceive. 3 & 4 Geo. 5, c. 27, s. 3. 10 Geo. 4, c. 24. [s. 5 contd.] 52 Vict.c. 10. 57 & 58 Vict.c. 60. Forgery of other documents with intent to defraud or to deceive a misdemeanor. 3 & 4 Geo. 5, c. 27, s. 4. Forgery of seals and dies. 3 & 4 Geo. 5, c. 27, s. 5. Uttering. 3 & 4 Geo. 5, c. 27, s. 6. Demanding property on forged documents, etc., 3 & 4 Geo. 5, c. 27, s. 7. Possession of forged documents, seals, and dies. 3 & 4 Geo. 5, c. 27, s. 8. Making or having in possession paper or implements for forgery. 3 & 4 Geo. 5, c. 27, s. 9. Accessories and abettors. 3 & 4 Geo. 5, c. 27, s. 11. Punishments. 3 & 4 Geo. 5, c. 27, s. 12. Criminal possession. 3 & 4 Geo. 5, c. 27, s. 15. Search warrants. 3 & 4 Geo. 5, c. 27, s. 16. Form of indictment and proof of intent. 3 & 4 Geo. 5, c. 27, s. 17. Savings. 3 & 4 Geo. 5, c. 27, s. 19.
An Ordinance to consolidate, simplify, and amend the law
relating to forgery and kindred offences.
[9th June, 1922.]
1. This Ordinmice may be cited as the Forgery Ordi-
nance, 1922.
2.-(1) In this Ordinance,
(a) Bank note includes any note or bill of exchange of
the Bank of England. or Bank of Ireland, or of any other
person, body corporate, or company carrying on the business
of banking in any part of the world, and includes bank bill,
bank post bill, blank bank note, blank bank bill of exchange,
and blank bank post bill.
(b) Die includes any plate, type, tool, chop, or imple-
ment whatsoever, and alto any part of any die, plate, type,
tool, chop, or implement, and any stamp or impression there-
of or any part of such stamp or impression.
(c) ---Document of title to goods includes any bill of
lading, India warrant, dock Warrant, godown warrant, ware-
house keepers certificate, warrant or order for the delivery
or transfer of any goods or valuable thing, bought or sold
note, or any other document used in the ordinary course of
business as proof of the possession or control of goods, or
authorising or purporting to authorise either by indorsement
or by delivery the possessor of such document to transfer or
receive any goods thereby represented or therein mentioned
or referred to.
(d) Document of title to lands ineltides any deed, map,
roll, register, or instrument in writing being or containing
evidence of the title or any part. of the title to any land or
to any interest in or arising out of any land, or any authen-
ticated copy thereof.
(e) Revenue paper means any paper provided by, the
proper authority for the purpose of being used for stamps,
licences, permits, Post Office money orders, or postal orders,
or for any purpose whatever connected with the public
revenue.
(f) Seal includes any stamp or impression of a seal or
any stamp or impression made or apparently intended to
resemble tbe stamp or impression or a seal, as well as the
seal itself.
(g) Stamp includes a stamp impressed by means of a
die as well as an adhesive stamp.
(h) Valuable security includes any writing entitling or
evidencing the title of any person to any share or interest
in any public stock, annuity, fund, or debt of any part of
His Majesty's dominions or of any foreign state, or in any
stock, annuity, fund, or debt of any body corporate, com-
pany, or society, whether within or without His Majesty's
dominions, or to any deposit in any bank, and also includes
any scrip, debenture, bill, note, warrant, order, or other
security for the payment of money, or any accountable
receipt, release, or discharge, or any receipt or other instru-
ment evidencing the payment of money, or the delivery of
any chattel personal.
(2) References in this Ordinance to any Act in force in
the United Kingdom at the commencement of this Ordinance
shall be held to include a reference to that Act as amended,
extended, or applied by any other Act.
3.-(1) For the purposes of this Ordinance, forgery is. the
making of a false document in order that it may be used as
genuine, and in the case of the seals and dies mentioned in
this Ordinance the counterfeiting of a seal or die, and
forgery with intent to defraud or deceive, as the case may
be, is punishable as in this Ordinance provided.
(2) A document is false within the meaning of this Ordi-
nance if the whole or any material part thereof purports to
be made by or on behalf or. on account of a person who did
not make it nor authorise its making; or if, though made
by or on behalf or on account of the person by whom or by
whose authority it purports to have been made, the time or
place of making, where either is material, or, in the case of
a document identified by number or mark, the number or
any distinguishing mark identifying the document, is falsely
stated therein and in particular a document is false:-
(a) if any material alteration, whether by addition, inser-
tion, obliteration, erasure., removal, or otherwise, has been
made therein;
(b) if the whole or some material part of it purports to be
made by or on. behalf of a fictitious or deceased person;
(c) if, though made in the name of an existing person, it
is made by him or by his authority with the intention that
it should pass as having been made by some person, real or
fictitious, other than the person. who made or authorised it.
(3) For the purposes of this Ordinance,-
(a) it is immaterial in what language a document is
expressed or in what place within or without His Majesty's
dominions it is expressed to take effect;
(b) forgery of a document may be complete even if the
document when forged is incomplete, or is not or does not
purport to be such a document as would be binding or
sufficient in law; and
(c) the crossing on any cheque, draft bn a banker, Post
Officenioney order, postal order, coupon, or other document
the crossing of which is authorised or recognised by law,
shall be a material part of such cheque, draft, order, coupon,
or document.
4.-(1) Forgery of the following documents, if committed
with intent to defraud, shall be felony andpunishable with
imprisonment for life:-
(a) any will, codicil, or other testamentary document,
either of a dead or of a living person, or any probate or
letters of administration, whether with or without the will
annexed;
(b) any deed or bond, or any assigninent at law or in
equity of any deed or bond, or any attestation of the execution
of any deed or bond;
(c) any bank note, or any indorsement on or assignment
of any bank note.
(2) Forgery of the following documents, if committed with
intent to defraud, shall be felony and punishable with
imprisonment for any term not exceeding fourteen years:--
(a) any valuable security or assignment thereof or indorse-
ment thereon, or, where the valuable security is a bill of
exchange, any acceptance thereof;
(b) any document of title to lands or any assignment there-
of or indorsement thereon;
(c) any documeht of title to goods or any assignment
thereof or indorsement thereon;
(d) any power of attorney. or other authority to transfer
any share or interest in any stock, animity, or public fund
of the United Kingdom or any part of his Majesty's dominions
or of any foreign state or country or to transfer any share or
interest in the debt of any public body, company, or society,
British or foreign, or in the capital stock of any such company
or society' or to receive any dividend or money payable in
respect of such share or interest or any attestation of any
such power of attorney or other authority;
(e) any entry in any book or register which is evidence
of the title of any person to any share or interest herein-
before mentioned or to any dividend or interest payable in
respect thereof
(f) any policy of insurance or any assignment thereof or
indorsement thereon;
(g) any charter party or any assignment thereof;
(h) any declaration, warrant, order, affidavit, affirmation,
certificate, or other document required or authorised to be
made by or for the purposes of the Government Annuities
Act, 1829, or the Government Annuities Act, 1832, or by
the National Debt Commissionersacting under the authority
of the said Acts;
(J) any certificate, certificate of valuation, sentence or
decree of condemnation or restitution, or any copy of such
sentence or decree, or any receipt required by the Slave
Trade Acts.
5.-(1) Forgery, of the following documents, if committed
with intent to defraud or deceive, shall be felony, and
punishable with imprisonment for life:-
Any document whatsoever having thereupon or affixed
thereto the stamp or impression of the 0Treat Seal of the
United Kingdom, His Majesty's Privy Seal, any privy signet
of His Majesty, His Majestys Royal Sign Manual, any of His
Majesty's seals appointed by the twenty-fourth Article of
the Union between England and Scotland to be, kept, used,
and continued in Scotland, the Great Seal of Ireland, the
Privy Seal of Ireland or the public seal of the Colony.
(2) Forgery of the following documents, if committed with
intent to defraud or deceive, shall be felony, and punishable
with imprisonment for any term not exceeding, fourteen
years:-
(a) any register or record of births, baptisms, namings,
dedications, marriages, deaths, burials or cremations, which
now is, or hereafter may be, by law authorised or required
to be kept in the Colony, relating to any birth, baptism,
naming, dedication, marriage., death, burial, or cremation, or
any part of any such register, or any certified copy of any
such register, or of any part thereof;
(b) any copy of any register of baptisnis, marriages,
burials, or cremations, directed or required by law to be
transmitted to any registrar or other officer;
(c) any register of the birth, baptism, death, burial, or
cremation of any person to be appointeda nominee under the
provisions of the Government Annuities Act, 1829, or any
copy or certificate of any such register, or the name of any
witness to any such certificate;
(d) any wrapper or label provided by or under the authority
of the Governor or the head of any department of the
Governmentof the Colony.
(3) Forgery of the following documents, if committed with
intent to defraud or deceive, shall be felony, and punishable
with imprisonment for any term not exceeding seven years:--
(a) any official document whatsoever of or belonging to
any court of justice, or made or issued by any judge,
magistrate, officer, or clerk of any such court;
(b) any register or book kept under the provisions of any
law in or under the. authority of any court of justice;
(c) any certificate, office copy, or certified copy of any such
document, register, or book or of any part thereof.
(d) any document which any magistrate is anthorised or
required by law to make or issue;
(e) any docurnent which any person an thorised to adminis-
ter an oath mider the commissioners for Oaths Act, 1889,
is -authorised or required by law to make or issue;
(f) any document made or issued by an officer of state or
law officer of the Crown, or any document upon which, by-
the law or usage at the time in force, any court of justice or
any officer might act;
(g) any document or copy of a document -used or intended
to be used in evidence in any court of record, or any document
which is made evidence by law;
(h) any certificate required any enactment for the
celebration of marriage;
(i) any licence for the celebration of marriage which may
be given by law;
(j) any certificate, declaration, or order under any enact-
ment relating to the registration of births or deaths ;
(k) any register book, builder's certificate, surveyor's
certificate, certificate of registry, declaration, bill of sale,
instrument of mortgage, or certificate of mortgage or sale
under Part I of the Merchant. Shipping Act, 1894, or any
entry or indorsement required by the said Part of the said
Act to be made in or on any of those documents;
(1) any permit, certificate, or similar document made or
granted by or under the authority of the Governor or the
head of any department of the Government of the Colony.
6-(1) Forgery of any document, which is not made felony
under this or any other enactment for the time being in force,
if committed with intent to defraud, shall be a misdemeanor
and punishable with imprisonment for any term not exceeding
three years.
(2) Forgery of any public document which is not made
felony under this or any offier enactment for the time being
in force, if committed with intent to defratid or deceive, shall
be a misdemeanor and punishable with imprisonment for
any term not exceeding three years.
7.-(1) Forgery of the following seals, if cominitted
with intent to defraud or deceive, shall be felony and
punishable with penal servitude for life:-
(a) the Great Seal of the United Kingdom, His Majesty's
Privy Seal, any privy signet of His Majesty, His Majesty's
Royal Sign Manual, any of His Majesty's seats appointed by
the twenty-fourth Article of the Union between England
and Scotland to be kept, used, and continued in Scotland,
the Great Seal of Treland., the Privy Seal of Treland, or the
public seal of the Colony;
(b) the seal of any court of record.
(2) Forgery of the following seals, if committed with
intent to defraud or deceive, shall be felony, and punishable
with imprisonment for any term not exceeding fourteen
years :-
(a) the seal of any register office relating to births,
baptisms, marriages, or deaths;
(b) the seal of or belonging to any office for the registry
of deeds or titles to lands.
(3) Forgery of the following seal, if committed with
intent to defraud or deceive, shall be felony and punishable
with imprisonment for any term not exceeding seven
years:-
the seal of any court of justice other than a court of
record.
(4) Forgery of the following seals or dies, if committed
with intent to defraud or deceive, shall be felony and
punishable with imprisonment for any term not exceeding
seven. years :-
(a) any seal or die provided, made, or used by or under
the authority of the Governor or the head of any department
of the Government of the Colony;
(b) any seal or die provided, made or used by any person,
firm or company for the purpose of the affairs of such
person, firm or company.
8.-(1) Every person who utters any forged document,
seal, or die shall be guilty of an offence of the like degree
(whether felony or misdemeanor) and on conviction thereof
shall be liable to the same punishment as if he himself had
forged the document, seal, or die.
(2) A person utters a forged document, seal, or die, who,
knowing the same to be forged, and with either of the
intents necessary to constitute the offence of forging the
said document, seal, or die, uses, offers, publishes, delivers,
disposes of, tenders in payment or in exchange, exposes
for sale or exchange, exchanges, tenders in evidence, or
puts off the said forged docunie nt, seal, or die.
(3) It is immaterial where the-document, seal, or die, was
forged.
9. Every person shall be guilty of felony and on con-
viction thereof shall be liable to imprisonment for any term
not exceeding fourteen years, who, with intent to defraud,
demands, receives, or obtains, or causes or procures to be
delivered, paid or transferred to any person, or endeavours
to receive or obtain or to cause or procure to be delivered,
paid or transferred to any person any money, security for
money or other property, real or personal-
(1) under, upon, or by virtue of any forged instrument
whatsoever, knowing the same to be forged; and
(2) under, upon, or by virtue of any probate or letters of
ad ministration, knowing the will, testament, codicil, or
testamentary writing on which such probate or letters of
administration shall have been obtained to have been
forged, or knowing such probate or letters of administration
to have been obtained by any false oath, affirmation, or
affidavit.
10.-(1) Every person shall be guilty of felony and on
conviction thereof shall be liable to imprisonment for any
term not exceeding fourteen years, who without lawful a
authority or excuse purchases.or -receives from any person,
or has in his custody or possession, a forged bank note,
knowing the same to be forged.
(2) Every person shall be guilty of felony and on convic-
tion thereof shall be liable to imprisonment for any term not
exceeding seven years, who, without lawful authority or
excuse and knowing the same to be forged, has in his custody
or possession any forged seal or die the forgery of which
with intent to defraud or deceive is inade punishable by
section 7.
Every person shall be guilty of felony and on convic-
tion thereof shall be liable to imprisonment for any term not
exceeding seven years, -who without lawful authority or
excuse-
(a) makes, uses, or knowingly has in his custody or
possession any paper intended to resemble and pass as-
(i) special paper such as is provided and used for making
any bank note;
(ii) revenue paper.
(b) makes, uses, or knowingly has in his custody or
possession, any frame, mould, or instrument for making such
paper, or for producing in or on such paper any words,
figures, letters, marks, lines, or devices peculiar to and used
in or on any such paper;
(c) engraves or in anywise makes upon any plate, wood,
stone, or other material, any words, figures, letters, marks,
lines, or devices, the print whereof resembles in whole or in
part any words, figures, letters, marks, lines, or devices
peculiar to and used in or on any bank note, or in or on any
document entitling or evidencing the title of any person to
anv share or interest in any public stock, annuity, fund, or
debt of any part of His Majesty's dominions or of any foreign
state, or in any stock, annuity, fund, or debt, of any body
corporate, company, or society, whether within or without
His Majesty's dominions
As amended by Law Rev. Ord., 1924.
(d) uses or knowingly has in his custody or possession
any plate, wood, stone, or other material, upon which any
such words, figures, letters, marks, lines, or devices, have.
been engraved or in anywise made as aforesaid;
(e) uses or knowingly has in his custody or possession
any paper upon which any such words, figures, letters,
marks. lines, or devices have been printed or in anywise
made as aforesaid.
12. Every person who knowingly and wilfully aids, abets,
counsels, causes, procures, or cominands the commission of
an offence punishable -under this Ordinance shall be liable
to be dealt with, indicted, tried, and punished as a principal
offender.
13.-(1) On conviction of a misdemeanor punishable
under this Ordinance, the couirt or magistrate, instead of or
in addition to any other punishment which may be lawfully
imposed, may fine the offender.
(2) On conviction of a felony punishable under this Ordi-
nance, the court or magistrate, in addition to imposing a
sentence of imprisonnient, may require the offender to enter
into his own recognizances, with or without sureties, for
keeping the peace and being of good behaviour.
(3) On conviction of a misdemeanor punishable under
this Ordinance, the court or magistrate, instead of or in
addition to any other punishment which. may lawfully be
imposed for the offence, may require the offender to enter
into his own. recognizances, with or without sureties, for
keeping the peace and being of good behaviour.
(4) No person shall be imprisoned under this section for
more than one year for not finding sureties.
14. Where the having any document, seal, or die in the
51custody or possession of any person is in this Ordinance
expressed to be an offence, a person shall be deemed to have
a document, seal or die in his custody or possession if he-
(1) has it in his personal custody or possession; or
As amended by Law Rev. Ord., 1924.
(2) knowingly and wilfully has it in the actual custody or
posssession of any other person, or in any building, lodging,
apartment, field, or other place,. whether open or inclosed,
and whether occupied by himself or not.
It is immaterial whether the document, matter, or thing is
had in such custody, possession, or place for the use of such
person or for the use or benefit of another person.
15.-(1) If it shall be made to appear by information on
oath before a magistrate that there is reasonable cause to
believe that any person has in his custody or possession
without lawful authority or exclise-
(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, desices,
or chara7eters capable of producing or intended to produce
the impression of a bank note; or
(d) any forged document, seal, or die; or
(c) 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 shall be 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 the
offender is tried; or
(b) 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.
(2) Where an intent to defraud or an intent to deceive is
one, of the constituent elements of an offence ptinishable
under this Ordinance, or under any other enactment relating
to forgery or any kindred offence for the time being in force,
it shall not be necessary to prove and intent to defraud or
deceive, any particular person; and it shall be sufficient to
prove that the defendant did the act charged with intent to
defraud or to deceive, as the ease may require.
(3) If any person who is a rnember of any co-partnership,
or is one of two or more beneficial owners of any property,
forges any doctiment, matter, or thing with intent. to def raxid
the co-partnership or the other beneficial owners, he is
liable to be dealt with, indicted, tried, and ponished as if
he had not been or was not a member of the co-partnership,
nor one of such beneficial owners.
17.---(1) where an offence against this Ordinance also by
virtue of some other enactment sobjects the offender to any
forfeiture or disqualication, or to any penalty other than
imprisonment or fine, the liability of the offender to punish-
ment under this Ordinance shall be in addition to and not
in substitution for his liability under such other enactment.
(2) Where an offence against this Ordinance is also an
offence under the term-, of any other Ordinance, whether
passed before or after the commencement of this Ordinance,
proceedings may be taken either under such other Ordinance
or under this Ordinance.
[s. 18, incorporated in No. 4 of 1865; s. 19, incorporated
in No. 2 of 1889 ; s. 20 and Schedide, repealed by
Law Revision Ordinance, 1924.]
[Originally No. 11 of 1922. Law Rev. Ord., 1924.] Short title. Interpretation. 3 & 4 Geo. 5, c. 27, s. 18. [s. 2 contd.] Definition of forgery. 3 & 4 Geo. 5, c. 27, s. 1. Forgery of certain documents with intent to defraud. 3 & 4 Geo. 5, c. 27, s. 2. 10 Geo. 4, c. 24. 2 & 3 Will. 4, c. 59. Forgery of certain documents with intent to defraud or deceive. 3 & 4 Geo. 5, c. 27, s. 3. 10 Geo. 4, c. 24. [s. 5 contd.] 52 Vict.c. 10. 57 & 58 Vict.c. 60. Forgery of other documents with intent to defraud or to deceive a misdemeanor. 3 & 4 Geo. 5, c. 27, s. 4. Forgery of seals and dies. 3 & 4 Geo. 5, c. 27, s. 5. Uttering. 3 & 4 Geo. 5, c. 27, s. 6. Demanding property on forged documents, etc., 3 & 4 Geo. 5, c. 27, s. 7. Possession of forged documents, seals, and dies. 3 & 4 Geo. 5, c. 27, s. 8. Making or having in possession paper or implements for forgery. 3 & 4 Geo. 5, c. 27, s. 9. Accessories and abettors. 3 & 4 Geo. 5, c. 27, s. 11. Punishments. 3 & 4 Geo. 5, c. 27, s. 12. Criminal possession. 3 & 4 Geo. 5, c. 27, s. 15. Search warrants. 3 & 4 Geo. 5, c. 27, s. 16. Form of indictment and proof of intent. 3 & 4 Geo. 5, c. 27, s. 17. Savings. 3 & 4 Geo. 5, c. 27, s. 19.
Abstract
[Originally No. 11 of 1922. Law Rev. Ord., 1924.] Short title. Interpretation. 3 & 4 Geo. 5, c. 27, s. 18. [s. 2 contd.] Definition of forgery. 3 & 4 Geo. 5, c. 27, s. 1. Forgery of certain documents with intent to defraud. 3 & 4 Geo. 5, c. 27, s. 2. 10 Geo. 4, c. 24. 2 & 3 Will. 4, c. 59. Forgery of certain documents with intent to defraud or deceive. 3 & 4 Geo. 5, c. 27, s. 3. 10 Geo. 4, c. 24. [s. 5 contd.] 52 Vict.c. 10. 57 & 58 Vict.c. 60. Forgery of other documents with intent to defraud or to deceive a misdemeanor. 3 & 4 Geo. 5, c. 27, s. 4. Forgery of seals and dies. 3 & 4 Geo. 5, c. 27, s. 5. Uttering. 3 & 4 Geo. 5, c. 27, s. 6. Demanding property on forged documents, etc., 3 & 4 Geo. 5, c. 27, s. 7. Possession of forged documents, seals, and dies. 3 & 4 Geo. 5, c. 27, s. 8. Making or having in possession paper or implements for forgery. 3 & 4 Geo. 5, c. 27, s. 9. Accessories and abettors. 3 & 4 Geo. 5, c. 27, s. 11. Punishments. 3 & 4 Geo. 5, c. 27, s. 12. Criminal possession. 3 & 4 Geo. 5, c. 27, s. 15. Search warrants. 3 & 4 Geo. 5, c. 27, s. 16. Form of indictment and proof of intent. 3 & 4 Geo. 5, c. 27, s. 17. Savings. 3 & 4 Geo. 5, c. 27, s. 19.
Identifier
https://oelawhk.lib.hku.hk/items/show/1349
Edition
1923
Volume
v5
Subsequent Cap No.
200
Cap / Ordinance No.
No. 11 of 1922
Number of Pages
12
Files
Collection
Historical Laws of Hong Kong Online
Citation
“FORGERY ORDINANCE, 1922,” Historical Laws of Hong Kong Online, accessed March 15, 2025, https://oelawhk.lib.hku.hk/items/show/1349.
