FALSIFICATION OF DOCUMENTS ORDINANCE
Title
FALSIFICATION OF DOCUMENTS ORDINANCE
Description
CHAPTER 208.
FALSIFICATION OF DOCUMENTS.
To amend the law relating to the falsification of documents.
[6th September, 1935.]
1. This Ordinance may be cited as the Falsification of Documents
Ordinance.
2. Any person who, being a clerk or servant or employed or acting
in the capacity of a clerk or servant, with intent to defraud
(a) destroys, alters, mutilates or falsities any book, paper,
writing, valuable security or account belonging to or in the
possession or power of his master or employer or received
by him for or in the name or on behalf of his master or
employer; or
(b) makes or concurs in making any false entry, or omits, alters
or concurs in omitting or altering any material particular in
any such book or any document or account, shall be guilty
of a misdemeanor and on conviction thereof liable to
imprisonment for seven years.
In this section, 'valuable security' has the same
meaning as in the Larceny Ordinance. [3
3. Any person, whether principal, broker or agent, who wilfully
inserts, in any contract, agreement or token of sale and purchase made
or entered into for the sale or transfer, or purporting to be for the sale or
transfer, of any share, stock or other 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, issuing shares or stock
transferable by any deed or written instrument, any false entry of the
numbers by which the same are distinguished on the registers or books
of such company, or any names other than those of the persons in
whose name such shares, stock or interest stand as registered
proprietors thereof in the books of such company, shall be guilty of a
misdemeanor and on conviction thereof liable to a fine of five thousand
dollars and imprisonment for three
years. [4
4. Any person who, with intent to defraud-
(a) makes any false entry or alters any word or figure in any of
the books of account kept at any bank in this Colony or by
any body corporate, company or society, established by
charter or by, under, or by virtue of any Act or Ordinance, in
which books the accounts of the owners of any money
deposited in such bank or of any stock of any such body
corporate are entered and kept ; or
(b)in any manner falsities any of the accounts of any such
owners in any of the said books; or
(p)makes any transfer of any share or interest in any such
deposit or stock in the name of any person not being the true
and lawful owner of such share or interest,
shall be guilty of felony and on conviction thereof liable to
imprisonment for life. [5
5. Any person who, being a clerk or servant of, or other person
employed or entrusted by, any bank in this Colony or any such body
corporate, company or society as is mentioned in section 4, with intent
to defraud makes out or delivers any dividend warrant, or warrant for
payment of any interest or money for a greater or less amount than the
amount to which the person on whose behalf such warrant is made out
is entitled, shall be guilty of felony and on conviction thereof liable to
imprisonment for seven years. [6
6. Any person who-
(a)being the clerk of any court or other officer having the
custody of the records of any court, or being the deputy of
any such clerk or officer, utters any false copy or certificate of
any record knowing the same to be false; or
(b)delivers or causes to be delivered to any person any paper
falsely purporting to be any process of court or a copy
thereof, or to be any judgment, decree or order of any court,
or a copy thereof, knowing the same to be false; or
(c)acts or professes to act under any such false process,
knowing the same to be false,
shall be guilty of felony and on conviction thereof liable to
imprisonment for seven years. [7
7. Any person who-
(a)unlawfully destroys, defaces or injures or causes or
permits to be destroyed, defaced or injured, any
register of births, baptisms, marriages, deaths or
burials which is by law authorized or required to be
kept in this Colony, or any part of such register, or
any certified copy of any such register, or any part
thereof; or
(b)knowingly and unlawfully inserts or causes or
permits to be inserted in any such register, or in any
certified copy thereof, any false entry of any matter
relating to any birth, baptism, marriage, death or
burial; or
(c)knowingly and unlawfully gives any false certificate
relating to any birth, baptism, marriage, death or
burial; or
(d)certifies any writing to be a copy of or extract from
any such register, knowing such writing, or the part
of such register whereof such copy or extract is so
given, to be false in any material particular; or
(e)offers, utters, disposes of or puts off any such
register, entry, certified copy or certificate, knowing
the same to be false ; or
offers, utters, disposes of or puts off any copy of
any entry in any such register, knowing such entry
to be false,
shall be guilty of felony and on conviction thereof liable to
imprisonment for life. [8
8. Any person who-
(a)knowingly inserts, or causes or permits to be
inserted in any copy of any register directed or
required by law to be transmitted to any registrar
or other officer any false entry of any matter relating
to any baptism, marriage or burial ; or
(b)signs or verifies any copy of any register so directed
or required to be transmitted as aforesaid, which
copy is false in any part thereof, knowing the same
to be false; or
(c)unlawfully destroys, defaces, injures, or for any
fraudulent purpose takes from its place of deposit or
conceals any such copy of any register,
shall be guilty of felony and on conviction thereof liable to
imprisonment for life. [9
9. 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. [10
10. 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.
[11
11. (1) Whenever any person is convicted of a mis-
demeanor 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.
[12
33 of 1935. 9 of 1936. 22 of 1950. Short title. Falsification of accounts with intent to defraud. 38 & 39 Vict. C 24 , s. 1. (Cap. 210). Making false entry in contract for sale of shares. 30 & 31 Vict. C. 29, s. 1. 22 of 1950, Schedule. Making false entry in bank book, etc. 24 & 25 Vict. C. 98, s. 5. Bank clerk making out false dividend warrant. 24 & 25 Vict. C. 98, s. 6. Uttering, delivering or acting under false copy or certificate of record or process of court. 24 & 25 Vict. C. 98, s. 28. Destruction of register of births, etc. 24 & 25 Vict. C. 98, s. 36. Making false entry in copy of register sent to registrar. 24 & 25 Vict. C. 98, s. 37. [s. 8 cont.] Intent to defraud particular person need not be proved. 24 & 25 Vict. C. 98, s. 44. Accessories and abettors. [cf. 24 & 25 Vict. C. 98, s. 49.] Fine and sureties for keeping the peace. 24 & 25 Vict. C. 98, s. 51.
Abstract
33 of 1935. 9 of 1936. 22 of 1950. Short title. Falsification of accounts with intent to defraud. 38 & 39 Vict. C 24 , s. 1. (Cap. 210). Making false entry in contract for sale of shares. 30 & 31 Vict. C. 29, s. 1. 22 of 1950, Schedule. Making false entry in bank book, etc. 24 & 25 Vict. C. 98, s. 5. Bank clerk making out false dividend warrant. 24 & 25 Vict. C. 98, s. 6. Uttering, delivering or acting under false copy or certificate of record or process of court. 24 & 25 Vict. C. 98, s. 28. Destruction of register of births, etc. 24 & 25 Vict. C. 98, s. 36. Making false entry in copy of register sent to registrar. 24 & 25 Vict. C. 98, s. 37. [s. 8 cont.] Intent to defraud particular person need not be proved. 24 & 25 Vict. C. 98, s. 44. Accessories and abettors. [cf. 24 & 25 Vict. C. 98, s. 49.] Fine and sureties for keeping the peace. 24 & 25 Vict. C. 98, s. 51.
Identifier
https://oelawhk.lib.hku.hk/items/show/2034
Edition
1950
Volume
v5
Subsequent Cap No.
208
Number of Pages
4
Files
Collection
Historical Laws of Hong Kong Online
Citation
“FALSIFICATION OF DOCUMENTS ORDINANCE,” Historical Laws of Hong Kong Online, accessed February 6, 2025, https://oelawhk.lib.hku.hk/items/show/2034.