FRAUDULENT TRUSTEES, AND ETC. ORDINANCE

FRAUDULENT TRUSTEES, AND ETC. ORDINANCE

ORDINANCE No. 9 or, 1860.

Fraudulent Trustees, 4c.

No. 0 of 1860.

An Ordinance to make better Provision for the Punishment of Frauds
committed by Trustees, Bankers, awl other Persons intrusted with
Property.

[30th April, 18G0.]

WIIEREAS it is expedient to make better provision for the punishment of
frauds Preamble.
committed by trustees, bankers, and other persons intrusted with property:
Be it enacted by His Excellency the Governor of Hongkong, with the advice
of the
Legislative Council of Flongkong, as follows:-

1. If any person being a trustee of any property for the benefit, either
wholly or
partially, of some other poison, or for any public or charitable purpose,
shall, with
intent to defraud, convert, or appropriate the same or any part thereof
to or for his
own use or purposes, or shall, with intent aforesaid, otherwise dispose
of or destroy
such property or any part thereof, lie shall be guilty of a misdemeanor.

2. If any person being a banker, merchant, broker, attorney, or agent,
and being
entrusted for safe custody with the property of any other person, shall,
with intent to
defraud, sell, negotiate, transfer, pledge, or in any manner convert or
appropriate to of
for his own use such property or any part thereof, he shall be guilty of
a misdemeanor.

3. If any person entrusted with any power of attorney for the solo or
transfer of
any property shall fraudulently sell or otherwise convert such property
or any part
thereof to his own use of benefit, ho shall be guilty of a misdemeanor.

4. If any person, been; a bailee of any property, shall fraudulently take
or convert
the same to his own use, or the use of any person outer than the owner
thereof,
although he shall not 'break bulk or otherwise determine the bailment, he
shall be
guilty of larceny.

5. If any person, being a director, member, public officer, or manager of
any body
corporate or public company, shall fraudulently take or apply, for his
own use, any of
the money or otter property o£ such body corporate or public company, he
shall be
guilty of a misdemeanor.

g, If any person being a director, public officer, or manager of any body
corporate
or public company, shall as such receive or possess himself of any of the
money or
other property of such body corporate or public company otherwise than in
payment
of a just debt or demand, and shall, with intent to defraud, omit to make
or to cause
or direct t o be made a full and true entry thereof in the books and
accounts of such
body corporate or public company, he shall be guilty of a misdemeanor.

7. If any director, manager, public officers or member o£ any body
corporate or
public company shall, with intent to defraud, destroy, alter, mutilate,
or falsify any of
the books, papers, writings, or securities belonging to the body
corporate or public
company of which he is a director or manager, public officer, or member,
or make or

Trustees trandu-
iently disposing
of property gull.
ty of a misda-
ntcanor.

Bankers, &c.,
fraudulently SO.
ling, 3;,c., propor-
Ey entrusted to
their care, guilty

of misdemeanor.

Persons under
powers of attor-
ney. flandnlentl y
selling property
guilty of ntisde
meanm.

Datlees frandu-,
lently converting
property to their
own use guilty
of larceny,

Directors, Se.,
of any boy cor-
porate or public
company fYan-
dntently appro-
priating pro-
perty;

Or keeping
fraudulent
accounts;

Or wilfully de-
stroyIng Books,
-Or publishing
fraudulent
,statements, guil-
ty of misdemean-

Persons recelv
ing proporty
fraudulently
d=d of,
knowing the
same to have
been sn, gpilty
of miademeaar.

Pnnishmont fur
-a misdemeanor
under this Ur-
dlnanco.

X0 person
exempt from
answering ques-
tions in any pro-
ceedings in the

SI

upreme Court;
-evidence not oil.
ntlasible in pro-
secutions under
tiffs Ordinance.

Nn romedv at
Law or In Equity
-shall be affected.

Convictions shall
ant be received
in evidence in
civil snits.

No prosecution
shall be com-
menced without
the sanction of
the Attorney
General.

If offence
amounts to lar-
ceny, person not
to be acquitted
of a n,fsdemean-
or.

OII,DINATNCE No. a of 1860.

Fraudulent Trustees, ,~c.

concur in the making of any false entry, or any material omission in any
book of
account or other document, he shall be guilty of misdemeanor.

$, If any director, manager, or public officer of any body corporate or
public
company shall make, circulate, or publish, or concur in making,
circulating, or publish-
ing, any written statement or account which lie shall know to be false in
any material
particular, with intent to deceive or defraud any member, shareholder, or
creditor of
such body corporate or public company, or with intent to induce any
person to become.
a shareholder or partner therein, or to intrust or advance any money or
property to
such body corporate or public company, or to enter into any security, for
the.beuefit
thereof, he shall be guilty of a misdemeanor.

9. If any person shall receive any chattel, money, or valuable security
which shall
have been so fraudulently disposed of as to render the party disposing
thereof guilty
of a misdemeanor under any of the provisions of this Ordinance, knowing
the same to
have been so fraudulently disposed of, he shall be guilty of a
misdemeanor, and may
be indicted and convicted thereof, whether the party guilty of the
principal misdemeanor
shall or shall not have been previously convicted, or shall or shall not
be amenable to
j ustice.

10. Every person found guilty of a misdemeanor under this Ordinance,
shall be

liable, at the discretion of tile Court, to be kept in penal servitude
for the term of
three years, or to suffer such other punishment, by imprisonment for not
more than
two years with or without hard labour, or by fine, as the Court shall
award.

11. Nothing in this Ordinance contained shall enable or entitle any
person to
refuse to make a full and complete discovery by answer to any bill in
Equity or to
answer any question or interrogatory in any civil proceeding in the
Supreme Court of
Hongkong, and whether in the Common Law, Equitable, Probate, or Insolvency
Jurisdiction thereof; but no answer to any such hill, question, or
interrogatory shall
be admissible in evidence against such person in any proceeding under
this Ordinance.

12. Nothing in this Ordinance contained, nor any proceeding, conviction,
or
judgment to be had or taken thereon against any person under this
Ordinance, shall
prevent, lessen, or impeach any remedy at Law or in Equity which any
party aggrieved
by any offence against this Ordinance might have had if this Ordinance
had not been
passed; but no conviction of any such offender shall be received in
evidence in any
action at Law or suit in Equity against kiln ; and nothing in this
Ordinance contained
shall affect or prejudice guy agreement entered into or security given by
any trustee,
having for its objectthe restoration or repayment of ally trust property
misappropriated.

13. No proceeding or prosecution for any offence included in the first
section, but
not included in any other section of this Ordinance, shall be commenced
without the
sanction of the Attorney General.

14. If upon the trial o£ any person under this Ordinance it shall appear
that the
offence proved amounts to larceny, he shall not by reason thereof be
entitled to be
acquitted of a misdemeanor under this Ordinance.
Ordinance No. 9 of 1860.

Fraudulent Trustees, & c.

15. In every prosecution for any misdemeanor against this Ordinance the
Court
may allow the expenses of the prosecution in all respects as in cases of
felony.

16. Misdemeanors against this Ordinance shall be prosecuted or tried at
the Su-
preme Court only. ,

1'7. The word 'Trustee' shall in this Ordinance mean a trustee on some
express
trust created by some deed, will, or instrument in writing, and shall
also include the heir
and personal representative of any such trustee, and also all executors
and administra-
tors, liquidators under the-Joint Stock Companies Acts of the Imperial
Parliament
.and all assignees in bankruptcy and insolvency:

The word 'Property' shall include every description of real and personal
pro-
perty, goods, raw or other materials, money, debts, and legacies, and all
deeds and
instruments relating to or evidencing the title or right to any property,
or giving a writ's C* rigra.i
to recover or receive any money or goods; and such word 'Property' shall
also denote
and include not only such real and personal property, as may have been
the original
subject of a trust, but also any real or personal property into which the
same may have
been converted or exchanged, and the proceeds thereof respectively, and
anything ac-
quired by such proceeds.

Casts of prose.
critione.

ltisdearieunors
not Lriable at
Petty Sessions.

[Repealed by Ordinance No. 11 of 1866.]
Preamble.
Trustees fraudulently disposing of property guilty of a misdemeanor.
Bankers, &c., fraudulently selling, &c., property intrusted to their care, guilty of misdemeanor.
Perosns under powers of attorney fraudulently selling property guilty of misdemeanor.
Bailees fraudulently converting property to thier own use guilty of larceny.
Directors, &c., of any body corporate or public company fraudulently appropriating property.
Or keepimg fraudulent accounts;
Or wilfully destroying books, &c.;
Or publishing fraudulent statements, guilty of misdemeanor.
Perosns receiving property fraudulently disposed of, knowing the same to have been so, guilty of misdemeanor.
Punishment for a misdemeanor under this Ordinance.
No person exempt from answering questions in any proceedings in the Supreme Court; evidence not admissible in prosecutions under this Ordinance.
No remedy at Law or in Equity shall be affected.
Convictions shall not be received in evidence in civil suits.
No prosecution shall be commenced without the sanction of the Attorney General.
If offence amounts to larceny, person not to be acquitted of a misdemeanor.
473

Costs of prosecutions.
Misdemeanors not triable at Petty Sessions.
Interpretation of certain terms.
[* right.]

Preamble.
Trustees fraudulently disposing of property guilty of a misdemeanor.
Bankers, &c., fraudulently selling, &c., property intrusted to their care, guilty of misdemeanor.
Perosns under powers of attorney fraudulently selling property guilty of misdemeanor.
Bailees fraudulently converting property to thier own use guilty of larceny.
Directors, &c., of any body corporate or public company fraudulently appropriating property.
Or keepimg fraudulent accounts;
Or wilfully destroying books, &c.;
Or publishing fraudulent statements, guilty of misdemeanor.
Perosns receiving property fraudulently disposed of, knowing the same to have been so, guilty of misdemeanor.
Punishment for a misdemeanor under this Ordinance.
No person exempt from answering questions in any proceedings in the Supreme Court; evidence not admissible in prosecutions under this Ordinance.
No remedy at Law or in Equity shall be affected.
Convictions shall not be received in evidence in civil suits.
No prosecution shall be commenced without the sanction of the Attorney General.
If offence amounts to larceny, person not to be acquitted of a misdemeanor.
473

Costs of prosecutions.
Misdemeanors not triable at Petty Sessions.
Interpretation of certain terms.
[* right.]

https://oelawhk.lib.hku.hk/items/show/149

1890

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No. 9 of 1860

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