FALSE PERSONATION ORDINANCE

FALSE PERSONATION ORDINANCE

CHAPTER 207.

FALSE PERSONATION.

An Ordinance to amend the law relating to false personation.

[6th September, 1935.]

1. This Ordinance may be cited as the False Persona-
tion Ordinance.

2. Any person who, not being a revenue officer as
defined in the Dutiable Commodities Ordinance, takes or
assumes the name, designation or character of such officer
for the purpose of thereby obtaining admission into any
house or other place, or of doing or procuring to be done
any act which he would not be entitled to do or procure to
be done of his own authority, or for any other unlawful
purpose, shall in addition to any other punishment to which
he may be liable for the offence, be liable on summary con-
viction to imprisonment for three months.

3. (1) Any person who falsely and deceitfully per-
sonates any person, or the heir, executor or administrator,
wife, widow, next of kin or relation of any person, with intent
fraudulently to obtain any land, estate, chattel, money,
valuable security or property, shall be guilty of felony and
on conviction thereof liable to imprisonment for life.

(2) In this section, 'valuable security' has the same
meaning as in the Larceny Ordinance.

(3) Nothing in this section shall prevent any person
from being proceeded against and punished under any other
enactment or at common law in respect of any offence
punishable as well under this section as under any other
enactment or at common law.

4. Any person who falsely and deceitfully personates-
(a)any owner of any share or interest in any stock,
annuity or other public fund transferable at any bank
or public office in this Colony; or
(b)any owner of any share or interest in the capital
stock of any bank, body corporate, company or
society established by charter or by, under or by
virtue of any Act or Ordinance; or





(c)any owner of any dividend or money payable in respect of
any such share or interest ; or

(d)any owner of any share warrant, stock certificate or coupon
issued in respect of any such share or interest; or

(e)any owner of any money deposited in any bank in this
Colony,

and thereby-

(i) obtains or endeavours to obtain any such share,
interest, share warrant, stock certificate or coupon; or

(ii) transfers or endeavours to transfer any share or
interest belonging to any such owner; or

(iii) receives or endeavours to receive any money due to
any such owner, as if the offender were the true and lawful
owner,

shall be guilty of felony and on conviction thereof liable to
imprisonment for life.

5. Any person who, without lawful authority or excuse, in the
name of any other person, acknowledges any recognizance, bail,
judgment, deed or other instrument, before any court, judge or other
person lawfully authorized in that behalf, shall be guilty of felony and
on conviction thereof liable to imprisonment for seven years.

6. Where an intent to defraud is one of the constituent elements of
an offence punishable under this Ordinance, it shall not be necessary
to prove an intent to defraud any particular person, but it shall be
sufficient to prove that the accused did the act charged with intent to
defraud.

7. Any person who knowingly and wilfully aids, abets, counsels,
procures or commands the commission of an offence punishable under
this Ordinance shall be liable to be dealt with, indicted, tried and
punished as a principal offender.

8. (1) Whenever any person is convicted of a misdemeanor under
this Ordinance, the court or magistrate, in addition to or in lieu of any
of the punishments authorized by this Ordinance, may fine the
offender, and may require him to enter into his own recognizances, and
to find sureties, both or either, for keeping the peace and being of good
behaviour.





(2) In all cases of felonies mentioned in this Ordinance,
the court or magistrate may require the offender to enter into
his own recognizances, and to find sureties, both or either,
for keeping the peace, in addition to any of the punishments
authorized by this Ordinance.

(3) No person shall be imprisoned under this section for
not finding sureties for any term exceeding one year.
34 of 1935. Short title. Unlawful assumption of character of revenue officer. 53 & 54 Vict. C. 21, s. 12. (Cap. 109). Personation to obtain property. 37 & 38 Vict. C. 36, ss. 1, 2. (Cap. 210). Personating owner of stock, to obtain share or money. 24 & 25 Vict. c. 98, s. 3. [cf. 19 & 20 Geo. 5, c. 23, s. 71.] Acknowledging recognizance, etc., in name of another. 24 & 25 Vict. C. 98, s. 34. Intent to defraud particular person not necessary. 24 & 25 Vict. C. 98, s. 44. Aiders and abettors. [cf. 24 & 25 Vict. C. 98, s. 49.] Fines and sureties for keeping the peace. 24 & 25 Vict. c. 98, s. 51. [s. 8 cont.]

34 of 1935. Short title. Unlawful assumption of character of revenue officer. 53 & 54 Vict. C. 21, s. 12. (Cap. 109). Personation to obtain property. 37 & 38 Vict. C. 36, ss. 1, 2. (Cap. 210). Personating owner of stock, to obtain share or money. 24 & 25 Vict. c. 98, s. 3. [cf. 19 & 20 Geo. 5, c. 23, s. 71.] Acknowledging recognizance, etc., in name of another. 24 & 25 Vict. C. 98, s. 34. Intent to defraud particular person not necessary. 24 & 25 Vict. C. 98, s. 44. Aiders and abettors. [cf. 24 & 25 Vict. C. 98, s. 49.] Fines and sureties for keeping the peace. 24 & 25 Vict. c. 98, s. 51. [s. 8 cont.]

https://oelawhk.lib.hku.hk/items/show/2033

1950

v5

207

3