COINAGE OFFENCES ORDINANCE
Title
COINAGE OFFENCES ORDINANCE
Description
Coinage Offences.
No. 10. of 1865.
An Ordinance to consolidate and amend the Enactments in
Force in this Colony against Offences relating to the Coin.
[14th June, 1865]
WHEREAS it is expedient to consolidate and amend the enactment
in force in this Colony against offences relating to the coin: Be
it therefore enacted by His Excellency the Governor of Hongkong, with
the advice of the Legislative Council thereof, as follows:
1. In the interpretation of and for the purposes of this Ordinance,-
The expression ' the Queen's current gold or silver coin,' shall
include any gold or silver coin coined in any of Her
Majesty's mints, or lawfully current by virtue of any
proclamation or otherwise in any part of I-Ter TvTojesty's
Dominions, whether within this Colony or otherwise
And the expression 'the Queen's copper coin,' shall include
any copper coin and any coin of bronze or mixed metal
coined in any of Her .Majesty's mints, orjarvfully current
by virtue of any proclamation or otherwise in any part of
Her Majesty's said Dominions;
Fals° o
eountelfflt
Curry nt coin.
What shall
h
e possession,
Triterfeit-
kIthe gold
or silver en,
94
eauuterfeit
coin or.any
pieces of
Motal with
74tent t0
uYa'ke them
pm for gold
or silver coin.
ORDINANCE pro. 10 of 1865.
Coinage Offences.
And the expression 'false or couuterLit coin, resembling or
apparently inten led to resemble or pass for any of the
Qaeerr's current gold or silver coin,' shall include any of
the current coin which shall have been gilt, silvered;
washed, coloured, or cased over, or in any manner altered,
so as to resemble or be apparently intended to resemble or
pass for any of the Queen's current coin of a higher deno-
mination;
And the expression 'the Queen's current coin,' shall include,
any coin coined in any of Her -Majesty's m'nts, or lawfully.
current by virtue of any proclamation or otherwise in any
part of Her Majesty's sail Dominions, and whether made of-
gold, silver, coppc;r, bronze, or mixed metal;
And where the having any hatter in the custody or possession of any
person is mentioned in this Ordinance, it shall include not only the
having
of it by himself in his personal custody or posse sion, but also the know-
ingly and wilfully havin;; it in the actual custody or possession of tin y
other person, and also the knowin,,ply and wilfully havin:n 'it in any
dwelling hou,5e or other building, lod;;iy, apartment, field, or other
place,
open or enclosed, whether belon-.:inn to or occupied by himself or not,
and .whether such (natter shall be so had for his own use or benefit or
for
that of any other person.
~. 'Whucoever shall falsely make or countelfeit any coin resembling
or apparently intended to reseinble or pass for any of the Queen's
currant.
gold or silver coin, shall be guilty of felony, and being convicted
thereof
shall be liable, at the discretion of the Court, to be-kept in penal
servitude
for life or for any term not le:,s than three years,-or to be imprisoned
for. any term not exceeding two years, with or without hard labour, and
with or without SUlltal'~ confinement.
3. Whosoever shall ilcl or silver, or shall, with any' Wash or materials.
capobleof producing the colour or appearance of gold or of silver, or by
say
means whatsoever, wash, case over, or colour any coin w1 tsoeVer°
resembling or ahlaar<>ntly intended to resemble or pass fur any of n£~e--
Queen's current (fold or silver coin; or shall gild or silver, or shall
with
any wash or materia[s. capable of producing the colour or appearance of;
gold or of silver, or by any means whatsoever wash, case over, or colour,_
ORDINANCE No. 10 of 1865.
Coinage ofences.
any piece of silver or copper, or of coarse gold or coarse silver, or of
any
metal or mixture of meta's respectively, being of a fit size and figure to
lie coined, and with intent that the salve shall be coined into false and
counterfeit coin resembling or apparently intended to resemble or pass for
any of the Queen's current gold or silver coin; or shall gild or shall
with
any wash or niaterials capable of producing the colour or ~ appearance of
;old, or by any means wbatsoever wash, case over, or colour any of the
Queen's current silver coin, or file, or in any manni r alter such coin,
with
intent to snake the same resemble or pass for any of the Qneen's current
gold coin, or shall gild or silver or shall with arty wash or materials
capable of producing the colour or appearance of gold or silver, or by any
means whatsoever wash, case over, or colour, any of the Queen's current
copper coin, or file, or in any manner alter such coin, with intent to
make
the same resemble or pass for any of the Queen's current gold or silver
coin, Shall be guilty of felony, and being convicted thereof shall be
liable,
.aIt the discretion of the Court, to be kept in penal servitude for life,
or for
any term not less than three years,-or to be imprisoned for any term
not exceeding two years, with or without hard labour, and with or with-
out solitary cTIfinement.
4. Whosoever shall impair, diminish, or lighten any of the Queen's
current gel&T impairing the
' ':void or silver
or silver coin, with intent that the coin so impaired, diminished, or
lightened, may pasj. ,, -in with intent,
for the Queen's current gold or silver coin, shall be guilty of felony,
and being convicted EI;, 0 ic.t1865.1
thereof shall be liable, at the discretion of the Court, to be kept in
penal servitude for
any term not exceeding fourteen years, and not less than three years,-or
to he impri-
soned for any term not exceeding two years, with or without hard labour,
and with or
without solitary confinement. [Repealed by Ordinance No. 4 of 1887.]
5. Whosoever shall unlawfully have in his custody or possession any
filings or
clippings, or any gold or silver bullion, or any gold or silver in dust,
solution, or other-
wise, which shall have been produced or obtained by impairing,
diminishing, or lighten.
ing any of the Queen's current gold or silver coin, knowing the same to
have been
ao produced or obtained, shall be guilty of felony, and being convicted
thereof shall be
liable, at the discretion of the Court, to be kept in penal servitude for
any term not
exceeding seven years, and not less than three years,-or to be imprisoned
for any term
not.exceeding two years, with or without bard labour, and with or without
solitary
Cbra#cement. [Repealed by Ordinance No. 4 of 1887.].
Whosoever, without lawful authority or excuse (the proof nnyilh; o,-
selling, &c.,
*hereof shall lie on the party accused), shall buy, sell, receive, pay,
or counterfeit. -
gold or silver'
put- off, .or offer to buy, sell, receive, pay, or put off, any false or
counter. enitl for lowcr-
Colouring or
altering
genuine coin
with intent.
to make ff-
pass for a
higher coin,
tinlnwful pos-
session of fllin
or clippings
gold or silver
coin.
[.See ibid.]
trcceritzg
<a>unterfeit
gold or silver
UIIDI\.,t1,\CE NO.-10 OF L-865.
Coinage 0ffences.
value than. feit coin, resembling or apparently intended to resemble or
pass for any;
are aenoyfi;na.
of the Queen's current ;old or silver coin, at or for a lower rate or
value:.
than the same imports or was apparently intended to import, shall be.
guilty of felony, and being convicted thereof shall be liable, at the
discre-.,
tion of the Court, to be kept in penal servitude for life, or for any
terms,.,
not less than three years,-or to be imprisoned for any term not exceeding
two years, with or without hard labour, and with or without solitary
confinement.
rnporGing 7, Whosoever, without lawful authority or excuse (the proof
whereof''
r,~unterfcit
a~)infrom shall lie on the party accused), shall import or receive into
this Colony
beyond seas
or from the from beyond the seas, or from the mainland of China, any false
or-
lu.vinlhnd.
counterfeit coin, resembling or apparently intended to resemble or pass
for any of the (queen's current gold or silver coin, knowing., the same
to-
be false or counterfeit, shall be guilty of felony, and beinn convicted
thereof shall be liable, at tire discretion of the Court, to be kept in
penal
servitude for life, or for any term not less than three years,-or to be
imprisoned for any term not exceeding two years, with or without hard
labour, and with or without solitary confinement...,:
1,x ~orGin
E g $. Whosoever, without lawful authority or excuse (the' roof whereof
counterfeit ~::lit1a11 lie on the . . partY accused), shall export or
put_°~o~ board any shi
p,
vessel, or boat, for the purpose of being exported from this Colony, any
false or counterfeit coin, resembling or apparently intended to resemble
or pass for any of the Queen's current coin, kuowinj the same to be false
or counterfeit, shall be guilty of a misdemeanor, and being convicted,
thereof shall be liable,, at the discretion of the Court, to be
imprisoned for
any term not exceedinb two years, with or without hard labour, and
with or without solitary confinement.
9. Whosoever shall tender, utter, or put off any false or counterfeit
coin resembling or apparently intended to resemble or pass for any of the
Queen's current fold or silver coin, knowing the same to be false or -
counterfeit, shall be guilty of a misdemeanor, and being convicted thereof
shall be liable, at the discretion of the Court, to be imlmisoned for any,
term not exceeding one year, with or without hard labour, and with,oy.,
without solitary confinement.
r,cGtri , .,JQ. ,Whosoever shall tender, utter or put off any false or
counterfeit,
acomp iied
Possessioncoin uesemblinor app
by g arently intended to resemble or pass for any of the.,
0-RJINANCIJ No. 10 ov 1865: ,
Coinage Offences.
Queen's current gold or silver coin,' knowing the same to be false or
counterfeit, and shall at the time of such tendering, uttering, or putting
o$, have in his custody or possession, besides the false or counterfeit.
coin
so tendered, uttered, or put off, any other piece of false or counterfeit
coin
resembling or apparently intended to resemble or pass for any of the
Queen's current gold or silver coin, or shall, either on the day of such
tendering, uttering, or putting off, or within the space of ten days then
next ensuing, tender, utter, or put off any false or counterfeit coin
resembling or apparently intended to resemble or pass for any of- the
Queen's current gold or silver coin, knowing the same to be false or
counterfeit, shall be guilty of a misdemeanor, and being convicted
there;,f
shall be liable, at the discretion of the Court, to be imprisoned for any
term not exceeding two years, with or without hard labour, and with or
without solitary confinement.
11. `17hosoever shall have in his custody or possession three or more
pieces of false or counterfeit coin resembling or apparently in-tended to
resemble or pass for any of the Queen's current gold or silver coin, know-
ing the saipto 4lse or counterfeit, and with intent to utter or put off
the same oy:4
convicted the4of shall be liable, at the discretion of the Court, to, be
ket)t--
i.n penal servituW'for tile term of three years,-or to be imprisoned W`7;°-
any -term not exceeding two years, with or without hard labour, and yv
or without solitary confinement.
12. Whosoever, having been convicted, either before or after the ,Every
secoxi==
- once of ='
passing of this Ordinance, of any such misdemeanor as in any of the last:
utt9g,c.,
three preeedinb sections mentioned, or of any felony against this
Ordinancefoes 6onoie-
-- tion shall be
or any former enactment in force in this Colony relating to the coil,
felony.
shall afterwards commit any of the misdemeanors in any of the said
sections mentioned, shall be guilty of felony, and being convicted thereof
s ball be liable, at.the discretion of the Court, to be kept in penal
servitude
for life, or for any term not less than three years,-or to be imprisoned
for any. term not exceeding two years, with or without hard labour, and
-with or.without solitary confinement.
13. Whosoever shall, with intent to defraud, tender, utter; or lint
off as or for any of the Queen's current gold or silver coin, any coin not
being such current gold or, silver coin, or any medal or piece of rrletal
or,
zed metals; -resembling in size, figure, and colour the current coin as
of other coun.
terfeit coin or-
follorved by -
a second
uttering.
Having tlui
e
or wore pieeL~`s
of counterfeit
gold or silver
coin in posses-
sion, &o., with
intent, &c.
Uttering
Foreign coin,
medals, &c., as-
cnrrent coin
with intent-to
defraud.
Counterfeit-
ing copper
coin, &o:
befacing the coin
by stamping
words thereon.
[SeeProelawar(oft
20th Oct. of 18RS.)-
ORDINANCE No.- 10 og 1865.
Coinage 0, ff ences.
or for which the same shall be so tendered, uttered, or put off, such
coin,,
medal, or piece of metal or mixed metals so tendered, uttered, or put o$'
being of less value than the current coin as or for which the same shall
be so tendered, uttered, or put off, shall be guilty of a misdemeanor, and
being convicted thereof shall be liable, at the discretion of the; Court,
to
be imprisoned for any term not exceeding one year, with or without hard
labour, and with or without solitary confinement.
14. Whosoever shall falsely make or counterfeit any coin resembling
or apparently intended to resemble or pass for any of the Queen's current
copped coin; and whosoever, without lawful authority or excuse (the
proof whereof shall lie on the party accused), shall knowingly make or
mend, or begin or proceed to make or mend, or buy or sell, or have in'
his custody or possession, any instrument, tool, or engine adapted and
intended fur the counterfeiting any of the Queen's current copper coin;
or shall buy, sell, receive, pay or put off, or offer to buy, sell,
receive, pay,
or put off, any false or counterfeit coin resembling or apparently
intended
to resemble or pass for any of the (queen's current coppet,_coin, at or
for
a lower rate or value than the same imports or was ap~pat~ently intended
to import, shall be guilty of felony, and being convicoe cl thereof shall
be
liable, at the discretion of the Court, to be kept i% -penal servitude for
any term not exceeding seven years, and not less than three years,-or
to be imprisoned for any term not exceeding two years, with or without
hard labour, and with or without solitary confinement.
15. Whosoever shall tender, utter, or put off any false or counterfeit
coin resembling or apparently intended to resemble or pass for any of the
(queen's current copper coin, knowing the same to be false or counterfeit,
or shall have in his custody or possession three or more p~, ces of fare
or
counterfeit coin resembling or apparently intended to resemble or pass for
any of the Queen's current copper coin, knowing the same to be false or
counterfeit, and with intent to otter or put off the carne or any of them,
shall be guilty of a misdemeanor, and being convicted thereof shall be
liable, at the discretion of the Court, to be imprisoned for any terns not
exceeding one year, with or without hard labour, and with or without
solitary confinement.
16. Whosoever shall deface any of the Queen's current gold, silver, or
copper
coin, by stamping thereon any names or words, whether such coin shall or
shall not
be thereby diminished or lightened, shall be guilty of a misdemeanor, and
being
ORDINANCE No. 10 of 186.5.
Coinage Offences.
convicted thereof shall be liable, at the discretion of the Court, to be
imprisoned for
any term not exceeding one year, with or without hard labour. [Repealed
by Ordinance
No. 4 of 1887.
17. No tender of payment in money made in any gold, silver, or copper
coin so
defaced by stamping as in the last preceding section mentioned shall be
allowed to be
a legal tender ; and whosoever shall tender, utter, or put off any coin
so defaced shall,
on conviction thereof before a Police Magistrate, be liable to forfeit
and pay any sum
not exceediu- ten dollars : Provided that it shall not be lawful for any
person to
proceed for any such last-mentioned penalty without the consent of Her
Majesty's
Attorney General for this Colony. (Repealed by Ordinance No. 4 of 4887.
18. Whosoever shall make or counterfeit any kind of coin not~being
the Queen's current gold or silver coin, but resembling or apparently
intended to resemble or pass for any gold or silver coin of any foreign
prince, state, or country, shall be guilty of felony, and being convicted
thereof shall be liable, at the discretion of the Court, to be kept in
penal
servitude for any term not exceeding seven years and not less than three
years,-or to be imprisoned for any term not exceeding two year u, with
or without hard. labour, and with or without solitary confinement.
19. ,Wliosoever, without lawful authority or excuse (the -proof
Nvhereof stall lie on'the party accused), shill bring or receive into,
this \
.Colony any such false or counterfeit coin resembling or apparently
intended
to resemble or lass for any gold or silver coin of any foreign prince,
state, or country, knowing the same to be false or counterfeit, shall be
guilty of felony, and being convicted thereof shall be liable, at the
discretion of the Court, to be kept in penal servitude for any term
not exceeding s;:ven years and not less than three years,-or to -be
imprisoned for any term not exceeding two years, with or without hard
labour, and with or without solitary confinement.
20. Whosoever shall tender, utter, or put off any such false or
counterfeit coin resembling or apparently intended to resemble or pass
for any gold or silver coin of ,any foreign prince, state, or country,
knowing the same to be false or counterfeit, shall be guilty of a
misde[neanor, and being convicted thereof shall be liable, at the
discretion
of the Court, to be imprisoned for any term not exceeding six months,
with or -vvithout hard labour.
21. Whosoever, having been so convicted as in the last preceding seeo,~d
section mentioned, shall afterwards commit the like offence of tendering;
offence o
Peunlty for -
uttering such
counterfeit
coin.
Tender of coin
so defaced not'to
be alegal tender,
and penalty for -
uttering the ~-
.same. -?'
[See.i6id.1
Counterfeit-
ing foreign
gold and
silver coin.
l;ringitzg.cy
conntorfeVs--.
coin intd'tlic
Colony.
,6: ORDINANCE No. 10 of 1865.
Coinage Offences.
-counterfeit ,uttering, or putting off any such false or counterfeit coin
as aforesaid;
foreign coin.
knowing the same to be false or counterfeit, shall be guilty of a
misdemeanor, and being convicted thereof shall be liable, at the
discretion
of the Court, to be imprisoned for any term not exceeding two years, with
-or without hard labour, and with or without solitary confinement; and
°rhi' ' noewhosoever, having been so convicted of a second offence, shall
afterwards
commit the like offence of tendering, utterinff, or putting off any such
fadse or counterfeit coin as aforesaid, knowing the same to be false or
counterfeit,, shall be guilty of felony, and being convicted thereof
shall be
liable, at the discretion of the Court, to be kept in penal servitude for
life
or for: any term not less than three years,-or to be imprisoned for any
term not exceeding two years, with or without hard labour, and with or
without solitary confinement.
Persons coun- 22. Whosoever shall falsely snake or counterfeit any kind of
coin
terfeiting ,
foreign coin not being the Queens current coin, but resembling or
apparently intended
other than
gold and to resemble or pass for any copper coin, or any other coin made
of any
diver coin. . metal or mixed metals of less value than the silver coinpf
any foreign
= prince, state, or country, shall be guilty of a misdemnbr, and being
convicted thereof shall be liable, at the discretion of the Court, for
the first
offence to be imprisoned for any term not exceeding tone year, and for the
second offence to be kept in penal servitude for any term not exceeding
seven years and not less than three years,-or to be imprisoned for any
term not exceeding two years, with or without hard labour, and with or
without solitary confinement.
Penaityon 23. Whosoever, without lawful authority or excuse (the proof
persons
having more whereof shall lie on the party accused), shall have in his
custody or
than five
pieces of such possession any greater number of pieces than five pieces
of false or
counterfeit
foreign coin counterfeit coin resembling or apparently intended to
resemble or pass for
pin their
any gold or silver coin of any foreign prince, state, or country, or
any such copper or other coin as in the last preceding section mentioned;
shall, on conviction thereof before a Police Magistrate, forfeit and lose
all
such false and counterfeit coin, which shall be cut in pieces and
dfstroyed
by order of such Magistrate, and shall for every such offence forfeit and
pay any sum of money not exceeding ten dollars nor less than three
dollars for every such piece of false and counterfeit coin which shall lie
found in the custody or possession of such person, one moiety to the
i nf and the other --the funds of the Colony,; -nd in cas
ormer, I ~ to
7777--
ornl:TANCE No. zo of 1865.
Coinage Offences.
any such penalty shall not be forthwith paid, it shall be lawful for any
such
Magistrate to commit the person who shall have been adjudged to pay
the same to the common gaol, there to be kept to hard labour for
the space of three months, or until such penalty shall be paid.
24. Whosoever, without lawful authority or excuse (the proof
whereof shall lie on the party accused), shall knowingly make or -mend,
or begin or proceed to make or mend, or buy or sell, or have in his
custody or possession, any puncheon, counter puncheon, matrix, stamp,
die, pattern, or mould, in or upon which there shall be made or impressed,
or which will make or impress, or which shall be adapted and intended
to make or impress, the figure, stamp, or apparent resemblance of both or
either of the sides of any of the Queen's current gold or silver coin, or
of
any coin of any foreign prince, state, or country, or any part or parts of
both or either of such sides; or shall make or mend, or begin or proceed
to make or mend, or shall buy or sell, or have in his custody or
possession,
any edge-, editing or other tool, collar, instrument, or engine adapted
and
intended for the marking of coin round the edges with letters, grainings,
-or. other marks,- or figures apparently resembling those on the edges
of any such join as in this section aforesaid, knowing the same
to be so adapted and intended as aforesaid ; or shall make or mend; or
begin or proceed to make or mend, or shall buy or sell, or have in k
custody or possession, any press for coinage, or any cutting engine f6r
cutting by force of a screw , or of any other contrivance, round blanks
out of gold, silver, or other metal or mixture of metals, or any other
machine, knojving such press to be a press for coinage, or knowing such
engine or machine to have been used or to be intended to be used for or
in order to the false making or counterfeiting of any such coin as in this
section aforesaid, shall be guilty of felony, and being convicted thereof
shall be liable, at the discretion of the Court, to be kept in penal
servitude
for life, or for any term not less than three years,- or to be imprisoned
for any term not exceeding two years, with or without hard labour, anal
with or without solitary confinement.
25. Whosoever, without lawful authority or excuse (the proof
whereof shall lie on the party accused), shall knowingly convey out of
the mint any puncheon, counter-puncheon, matrix, stamp, die, pattern,
,Mould, 'edge-, edging or other tool, collar, instrument, press, or
engine,
IUwdor employed in or about jthe coming of coin, or any useful part of
Ieniliw
linvingg .'
possession o£
any coining
tool.; felony.
clonveyh,g
tools or
mollies out of
the mint
without
,III
11101-it y,
felony.
Cain suspected
to be diminished
4r counterfeit
maybe cut by
any person to
whom it is
tendered.
[See Proclamation
30fN Oct. 1800.]
Who shall bear
file loss,
Provision for
the discovery
and seizure of
counterfeit coin
nod veining
ti*ls far saver.
Ing them its
evidence, and
for ultimately
disposing of
them.
[Sea ibid.]
' ORDINANCD No, 101w 1,865.
Coinage Offences.
any of. the several matters aforesaid, or any coin; bullion, metal, or
mixture of metals, shall be guilty of felony, and being convicted thereof
,shall be liable, at tile discretion of the Court, to be kept, in penal
servi-
tude for life or for any term not less than three rears,-or to be im-
prisoned for any term not exceeding two years, with or without hard
labour, and with or without solitary confinement.
26. Where any coin shall be tendered as the Queen's current gold or
silver-
coin to any person who shall suspect the same to be diminished otherwise
than by
reasonable wearing, or to be counterfeit, it shall be lawful for such
person to cut,
break, bend or deface such coin, and if any coin so cut, broken, bent or
defaced shall
appear to be diminished otherwise than by reasonable wearing, or to be
counterfeit,
the person tendering the same shall bear the loss thereof; but if the
same shall be of
due weight, and shall appear to be lawful coin, the person cutting,
breaking, bending
or defacing the same is hereby required to receive the same at the rate
it was coined
for; and if any dispute shall arise, whether the coin so cut, broken,
beat or defaced,
be diminished in manner aforesaid, or counterfeit, it shall be heard and
finally deter-
mined in a summary manner by a Police Magistrate, who is hereby empowered
to
examine upon oath or declaration as well the parties as any other person
in order to
the decision of such dispute; and the Colonial Treasurer, his deputies
and clerks,
and the receivers of every branch of the revenue of this Colony are
hereby required to
cut, break, or deface, or cause to be cut, broken or defaced, every piece
of counterfeit
or unlawfully diminished gold or silver coin which shall be tendered to
them in
f?aymont of any part of the revenue. ERepealcd by Ordinance No. 4 of 1887
27. If any person shall find or discover in any place whatever, or in the
custody
or possession o1 arty person having the same without lawful authority or
excuse, any
false or counterfeit coin, -resembling or apparently intended to resemble
or pass for
any of the Queen's current gold, silver, or copper coin, or any coin of
any foreign
prince, stet©, or country, or any instrument, tool, or engine whatsoever,
adapted and
intended for the counterfeiting of any such coin, or any filings, or
clippings, or any
gold or silver bullion, or any gold or silver in dust, solution, or
otherwise, which shall
have been produced or obtained by diminishing or lightening any of the
Queen's
current gold or silver coin, it shall be lawful for the person so finding
or discovering,
and he is hereby required to seine the same, and to carry the same
forthwith before a
Police Magistrate; and where it shall be proved on the oath or
declaration of a
credible witness before a Police Magistrate, that there is reasonable
cause to suspect
that any person has been, concerned in counterfeiting the Queen's current
gold, silver,
or copper coin, or any such foreign or, other coin as in this Ordinance
before men-
tioned, or has in his custody or possession any such false or counterfeit
coin, or any
in'strumeut, tool, or engine, whatsoever adapted and intended for the
making or
counterfeiting of 'any such coin, or any other machine used or intended
to be used for
,making or counterfeiting any such coin; or any. such filings, clippings,
or bullion; or
ORDINANCE loo: aO:oF 1865.
Coinage Offences.
any such gold or silver in dust, solution, or otherwise as aforesaid, it
shall be lawful
for a Police Magistrate, by warrant under his hand, to cause any place
whatsoever
belonging to or in the occupation or under the control of such suspected
person to be
searched, either in the day or in the night, and if any such false or
counterfeit coin,
or any such instrument, tool, or engine, or any such machine, or any such
filings,
clippings, or bullion, or any such gold or silver in dust, solution, or
otherwise as
aforesaid, shall be found in any place so searched, to cause the sumo to
be seized and
carried forthwith before a Police Magistrate; and t heusoever any such
false or
counterfeit coin, or any such instrument, tool, or engine, or any such
machine, or any
such filings, clippings, or bullion, or any such gold or silver in dust,
solt%tioxt, or
otherwise as aforesaid, shall in any case whatsoever be seized and
carried before a
Police Magistrate, he shall, if necessary, cause the sumo to be secured
for the purpose
of being produced in evidence against any person who may be prosecuted
for any
offence against this Ordinance; and all such false and counterfeit coin,
and all instru-
ments, tools, and engines adapted and intended fur the making or
counterfeiting of
coin, and all such machines and all such filings, clippings, and bullion,
and all such
gold and silver in dust, solution, or otberwiso as aforesaid, after they
shall lave been
produced in evidence, or when they shall have been seized, and shall not
be required
to be produced in evidence, shall forthwith be delivered up to the
officers of the mint.,
or to the Crown Solicitor, or to any person authorized by them to receive
the came.,
[Repealed by Ordinance No. 4 of IR8f.]
28, Where, upon the trial of any person charged with any offence wh4
niuii bc:`
sufficient
against this Ordinance, it shall be necessary to prove that any coin,
proof of coin
being eonn-
produced in evidence against such person is false or counterfeit, it
sball terreit.
not lie necessary to prove the same to be false and counterfeit by the
evidence. of any moneyer, or other officer of tie mint, but it shall be
sufficient to prove the same to be false or counterfeit by the evidence of
any other credible witness.
29. Every offence of falsely making or counterfeiting any coin, or
of buying, selling, receiving, paying, tendering, uttering, or putting
off,
or of offering to buy, sell, receive, pay, utter, or put off, any false or
counterfeit coin, anainst the provisions of this Ordinance, shall be
deemed
to be complete, although the coin so made or counterfeited, or bought,
sold, received, paid, tendered, uttered, or put off, or offered to be
bought,
sold, received, paid, uttered, or put off, shall not be in a fit state to
be
uttered, or the counterfeiting thereof shall not be finished or perfected.
30. It shall be lawfuf .for any person whatsoever to apprehend any Any
p~'rso,l
nay appre-
person who shall be found committing any indictable offence against this
,.,end offender.,;
against tbi.,
ordinance, and to convey or deliver him to some constable or officer of
Ordinance.
Where the
counterfeiting
coin shall by
complete.
ORDINANCE No: 10 0p 186a.
Coinage Offences.
police, in order to his beinzn conveyed as soon as reasonably may be,
before a Police Magistrate or some other proper officer, to be dealt with
accordinb to law.
No certiorari, - 31. No conviction for any offence punishable on summary
conviction
under this Ordinance shall be quashed for want of form; or be removed
by certiorari into the Supreme Court; and no warrant of commitment
shall be held void by reason of any defect therein, provided it be therein
alleged that the party has been convicted, and there be a valid conviction
to sustain the same.
1'rucc;edingy
o-yainst
poisons acting
under this
Ordinance.
2, All actions and prosecutions to be commenced against any
person for anything done in pursuance of this Ordinance shall be com-
menced within six months after the fact committed, and not otherwise ;
Xotice of and ' notice in writing of such. action and of the cause thereof
shall be
action. given to the defendant one month at least before the commencement
of-
c:enorar issue. the action; and in any such action the defendant may
plead the general
issue, and give this Ordinance and the special matter in evidence, at any
trial to be had thereupon; and no plaintiff shall recover in any such
Tender of action.if tender of sufficient amends shall have been made
before such action
amands, &c. brought, or if a sufficient sum of money shall have been paid
into Court.
after such action brou5ht, by or on behalf of the defendant; and if a
verdict shall pass for the defendant, or the plaintiff shall become
nonsuit,
or discontinue any such action after issue joined, or if, upon demurrer or
otherwise, judgment shall be given against the plaintiff, the defendant
shall recover his full costs as between attorney and client, and have the
life remedy for the same as any defendant has by law in other cases ;
and though a verdict shall be given for the plaintiff' in any such action,
such plaintiff shall not have costs against the defendant unless the Judge
before whom the trial shall be, shall certify his approbation of the
action.
rurrisnment 33. In the case of every felony punishable under this
Ordinance,
of. principal i n
,the second every principal in the second degree, and every accessory
before the fact,
i.legree anti
;~t~,so,.i~s shall be punishable in the same manner as the principal in
the first degree
is by this Ordinance punishable ; and every accessory after the fact to-
any felony punishable under this Ordinance shall be liable to be
imprisoned.
for any term not exceeding two years, with or without hard labour.
What stay bc 34. Where any .person shall have, been convicted of any
offence
sufficient
evidence of against this Ordinance, or any former enactment in force in
this Colony
ORDINANCE No. 10 or 1865.
Coinage Ofences.
relating to the coin, and shall afterwards be indicted for any offence
against this Ordinance committed subsequent to such conviction, it shall
be sufficient in any such indictment or information, after charging such
subsequent offence, to state the substance and effect only (omitting the
formal part) of the indictment and conviction for the previous offence,
and a certificate containing the substance and effect only (omitting the
formal part) of the indictment or information and conviction for the
previous offence, purporting to be signed by the Registrar or Deputy
Registrar of the Supreme Court, shall, upon proof of the identity of the
person of the offender, be sufficient evidence of the previous conviction,
and the proceedings upon any indictment or information for committing
any offence after a previous conviction or convictions shall be as follows
(that is to say) The offender shall, in the first instance, be arraigned
upon
so much only of the indictment or information as charges the subsequent
offence, and if he plead not guilty, or if the Court order a plea of
not guilty to be entered on his behalf, the jury shall be charged, in the
first instance, to inquire concerning such subsequent offence only; and if
they find him guilty, or if on arraignment lie plead guilty, he shall
then,
and not before, be asked whether he had be.-n previously convicted as
alleged in the indictment or information, and if he answer that he had,
been so previously convicted the Court may proceed to sentence him,
accordingly, but if he deny that, he had been so previously convi:cfed, or
stand mute of malice, or will not answer directly to such question, the
jury shall then be charged to inquire concerning such previous conviction
,or convictions, and in such case it shall not be necessary to swear the
jury again, but the' oath already taken by them shall for all purposes be
deemed to extend to such last-mentioned inquiry:-Provided that if upon
the trial of any person for any such subsequent offence such person shall
give evidence of his good character, it shall be lawful for the Attorney
General, in answer thereto, to give evidence of the conviction of such
person for the previous offence or offences, before such verdict of guilty
-shall be returned, and the jury shall inquire concerning such previous
conviction or convictions at the same time that they inquire concerning
such subsequent offence.
. Whenever any person shall be convicted of any indictable
misdemeanor punishable under this Ordinance the Court. nay, if it shall
think fit, in addition to or in lieu of any of the punishments by this
Ordinance authorized, fine the offender, and require him to enter into his
conviction for-
s previous
oftener -
when the
previous
conviction is
to be proved
on the trial.
Tine and
sureties fpu
keeping the
peace,in what
cases.
Solitary con-
finement.
Summary
proceedings
may be under
Ordinance No.
70 of 1844.
Commence-
ment of Oedi-
nanco.
ORDINANCE No. 10 of 1865.
Coinage Offences.
own recognizances, and to find sureties, both or either, for keeping the
peace and being of good behaviour; and in case of any felony
punishable under this Ordinance, the Court may, if it shall think fit,
require the offender to enter into his own recognizances, and to find
sureties, both or either, for keeping the peace, in addition to any
punish-
ment by this Ordinance authorized:-,Provided that no person shall be
imprisoned under this clause for not finding sureties for any period
exceeding one year.
Hard labour. 36. Whenever imprisonment, with or without hard labour, may be
awarded for any indictable offence under this Ordinance, the Court xnay
sentence the offender to be imprisoned, or to be imprisoned and kept to
hard labour, and in either case the sentence shall be carried out in
accord-
ance with the provisions of Ordinance A'o. 4 of 1863, section 15. ('llro.
18 of 1885 ' as amended by that Ordinance.]
37. Whenever solitary confinement may be awarded for any offence
under this Ordinance, the Court may direct the offender to be kept in
solitary confinement for any portion or portions of his imprisonment, or
of his imprisonment with hard labour, not exceeding one month at any
one time, and not exceeding three months in any one year.
38. Every offence hereby made punishable on summary conviction
may be prosecuted in the manner directed bar Ordinance No. 10 of 1844.
39. This Ordinance, or such portion or portions thereof as to the
Governor may seem fit, shall commence and tape effect on such day as
shall hereafter be fixed by proclamation under the hand of the Governor;
and such portion or portions of such Ordinance as shall not be included
in such proclamation shall be brought into operation on a day to be
further
fixed by another proclamation under the hand of the Governor.
[All in fog°ee fror22 20t1a October 1865 ea°cPptscetions 4, 5,16,17, 26
and
27 under Pi°oclamcztdon of the 20tlL October .Zb'6S: See qazette .21st of
,.aine
I220nth..
859
Title.
[See 24 & 25 V. c. 99.]
Preamble.
Interpretation of terms.
Current gold and silver coin.
Copper coin.
860
False or counterfeit coin.
Current coin.
What shall be possession.
Counterfeiting the gold or silver coin.
Colouring counterfeit coin or any pieces of metal with intent to make them pass for gold or silver coin.
861
Colouring or altering genuine coin with intent to make it pass for a higher coin.
Impairing the gold or silver coin with intent &c.
[See Proclamation 20th Oct. 1865.]
Unlawful possession of fillings or clippings of gold or silver coin.
[See ibid.]
Buying or selling, &c., counterfeit gold or silver coin or lower
862
value than its denomination.
Importing counterfeit coin from beyound seas or from the mainland.
Exporting counterfeit coin.
Uttering counterfeit gold or silver coin.
Uttering accompanied by possession
863
of other counterfeit coin or followed by a second uttering.
Having three or more pieces of counterfeit gold or silver coin in possession, &c., with intent , &c.
Every second offence of uttering, &c., after a previous conviction shall be felony.
Uttering Foreign coin medals, &c., as current coin with intent to defraud.
864
Counterfeiting copper coin, &c.
Uttering base cppoer coin.
Defacing the coin by stamping words thereon .
[See Proclamation 20th Oct. of 1865.]
865
Tender of coin so defaced not to be a legal tender, and penalty for uttering the same.
[See ibid.]
Counterfeiting foreign gold and silver coin.
Bringing such counterfeit coin into the Colony.
Penalty for uttering such counterfeit coin.
Second offence of uttering.
866
counterdeit foreign coin.
Third offence.
Persons counterfeiting foreign coin other than gold and silver coin.
Penalty on persons having more than five pieces of such counterfeit foreign coin in their possession.
867
Making, mendin, or having possession of any coining tools, felony.
Conveying tools or monies out of the mint without authority felony.
868
Coin suspected to be diminished or counterfeit may be cut by any perosn to whom it is tendered.
[See Proclamation 20th Oct, 1865.]
Who shall bear the loss.
Provision for the discovery and seizure of counterfeit coin and coining tools for securing them as evidence, and for ultimately disposing of them.
[See ibid.]
869
What shall be sufficient proof of coin being counterfeit.
Where the counterfeiting coin shall be complete.
Any person may apprehend offenders against this Ordinance.
870
No certiorari, &c.
Proceedings against persons acting under this Ordinance.
Notice issue.
Tender of amends, &c.
Punishment of principal in the second degree and accessories.
What shall be sufficient evidence of
871
conviction for a previous offence.
When the previous conviction is to be proved on the trial.
Fine and sureties for keeping the peace, in what cases.
872
Hard labour.
Solitary confinement.
Summary proceedings may be under Ordinance No. 10 of 1844.
Commencement of Ordinance.
No. 10. of 1865.
An Ordinance to consolidate and amend the Enactments in
Force in this Colony against Offences relating to the Coin.
[14th June, 1865]
WHEREAS it is expedient to consolidate and amend the enactment
in force in this Colony against offences relating to the coin: Be
it therefore enacted by His Excellency the Governor of Hongkong, with
the advice of the Legislative Council thereof, as follows:
1. In the interpretation of and for the purposes of this Ordinance,-
The expression ' the Queen's current gold or silver coin,' shall
include any gold or silver coin coined in any of Her
Majesty's mints, or lawfully current by virtue of any
proclamation or otherwise in any part of I-Ter TvTojesty's
Dominions, whether within this Colony or otherwise
And the expression 'the Queen's copper coin,' shall include
any copper coin and any coin of bronze or mixed metal
coined in any of Her .Majesty's mints, orjarvfully current
by virtue of any proclamation or otherwise in any part of
Her Majesty's said Dominions;
Fals° o
eountelfflt
Curry nt coin.
What shall
h
e possession,
Triterfeit-
kIthe gold
or silver en,
94
eauuterfeit
coin or.any
pieces of
Motal with
74tent t0
uYa'ke them
pm for gold
or silver coin.
ORDINANCE pro. 10 of 1865.
Coinage Offences.
And the expression 'false or couuterLit coin, resembling or
apparently inten led to resemble or pass for any of the
Qaeerr's current gold or silver coin,' shall include any of
the current coin which shall have been gilt, silvered;
washed, coloured, or cased over, or in any manner altered,
so as to resemble or be apparently intended to resemble or
pass for any of the Queen's current coin of a higher deno-
mination;
And the expression 'the Queen's current coin,' shall include,
any coin coined in any of Her -Majesty's m'nts, or lawfully.
current by virtue of any proclamation or otherwise in any
part of Her Majesty's sail Dominions, and whether made of-
gold, silver, coppc;r, bronze, or mixed metal;
And where the having any hatter in the custody or possession of any
person is mentioned in this Ordinance, it shall include not only the
having
of it by himself in his personal custody or posse sion, but also the know-
ingly and wilfully havin;; it in the actual custody or possession of tin y
other person, and also the knowin,,ply and wilfully havin:n 'it in any
dwelling hou,5e or other building, lod;;iy, apartment, field, or other
place,
open or enclosed, whether belon-.:inn to or occupied by himself or not,
and .whether such (natter shall be so had for his own use or benefit or
for
that of any other person.
~. 'Whucoever shall falsely make or countelfeit any coin resembling
or apparently intended to reseinble or pass for any of the Queen's
currant.
gold or silver coin, shall be guilty of felony, and being convicted
thereof
shall be liable, at the discretion of the Court, to be-kept in penal
servitude
for life or for any term not le:,s than three years,-or to be imprisoned
for. any term not exceeding two years, with or without hard labour, and
with or without SUlltal'~ confinement.
3. Whosoever shall ilcl or silver, or shall, with any' Wash or materials.
capobleof producing the colour or appearance of gold or of silver, or by
say
means whatsoever, wash, case over, or colour any coin w1 tsoeVer°
resembling or ahlaar<>ntly intended to resemble or pass fur any of n£~e--
Queen's current (fold or silver coin; or shall gild or silver, or shall
with
any wash or materia[s. capable of producing the colour or appearance of;
gold or of silver, or by any means whatsoever wash, case over, or colour,_
ORDINANCE No. 10 of 1865.
Coinage ofences.
any piece of silver or copper, or of coarse gold or coarse silver, or of
any
metal or mixture of meta's respectively, being of a fit size and figure to
lie coined, and with intent that the salve shall be coined into false and
counterfeit coin resembling or apparently intended to resemble or pass for
any of the Queen's current gold or silver coin; or shall gild or shall
with
any wash or niaterials capable of producing the colour or ~ appearance of
;old, or by any means wbatsoever wash, case over, or colour any of the
Queen's current silver coin, or file, or in any manni r alter such coin,
with
intent to snake the same resemble or pass for any of the Qneen's current
gold coin, or shall gild or silver or shall with arty wash or materials
capable of producing the colour or appearance of gold or silver, or by any
means whatsoever wash, case over, or colour, any of the Queen's current
copper coin, or file, or in any manner alter such coin, with intent to
make
the same resemble or pass for any of the Queen's current gold or silver
coin, Shall be guilty of felony, and being convicted thereof shall be
liable,
.aIt the discretion of the Court, to be kept in penal servitude for life,
or for
any term not less than three years,-or to be imprisoned for any term
not exceeding two years, with or without hard labour, and with or with-
out solitary cTIfinement.
4. Whosoever shall impair, diminish, or lighten any of the Queen's
current gel&T impairing the
' ':void or silver
or silver coin, with intent that the coin so impaired, diminished, or
lightened, may pasj. ,, -in with intent,
for the Queen's current gold or silver coin, shall be guilty of felony,
and being convicted EI;, 0 ic.t1865.1
thereof shall be liable, at the discretion of the Court, to be kept in
penal servitude for
any term not exceeding fourteen years, and not less than three years,-or
to he impri-
soned for any term not exceeding two years, with or without hard labour,
and with or
without solitary confinement. [Repealed by Ordinance No. 4 of 1887.]
5. Whosoever shall unlawfully have in his custody or possession any
filings or
clippings, or any gold or silver bullion, or any gold or silver in dust,
solution, or other-
wise, which shall have been produced or obtained by impairing,
diminishing, or lighten.
ing any of the Queen's current gold or silver coin, knowing the same to
have been
ao produced or obtained, shall be guilty of felony, and being convicted
thereof shall be
liable, at the discretion of the Court, to be kept in penal servitude for
any term not
exceeding seven years, and not less than three years,-or to be imprisoned
for any term
not.exceeding two years, with or without bard labour, and with or without
solitary
Cbra#cement. [Repealed by Ordinance No. 4 of 1887.].
Whosoever, without lawful authority or excuse (the proof nnyilh; o,-
selling, &c.,
*hereof shall lie on the party accused), shall buy, sell, receive, pay,
or counterfeit. -
gold or silver'
put- off, .or offer to buy, sell, receive, pay, or put off, any false or
counter. enitl for lowcr-
Colouring or
altering
genuine coin
with intent.
to make ff-
pass for a
higher coin,
tinlnwful pos-
session of fllin
or clippings
gold or silver
coin.
[.See ibid.]
trcceritzg
<a>unterfeit
gold or silver
UIIDI\.,t1,\CE NO.-10 OF L-865.
Coinage 0ffences.
value than. feit coin, resembling or apparently intended to resemble or
pass for any;
are aenoyfi;na.
of the Queen's current ;old or silver coin, at or for a lower rate or
value:.
than the same imports or was apparently intended to import, shall be.
guilty of felony, and being convicted thereof shall be liable, at the
discre-.,
tion of the Court, to be kept in penal servitude for life, or for any
terms,.,
not less than three years,-or to be imprisoned for any term not exceeding
two years, with or without hard labour, and with or without solitary
confinement.
rnporGing 7, Whosoever, without lawful authority or excuse (the proof
whereof''
r,~unterfcit
a~)infrom shall lie on the party accused), shall import or receive into
this Colony
beyond seas
or from the from beyond the seas, or from the mainland of China, any false
or-
lu.vinlhnd.
counterfeit coin, resembling or apparently intended to resemble or pass
for any of the (queen's current gold or silver coin, knowing., the same
to-
be false or counterfeit, shall be guilty of felony, and beinn convicted
thereof shall be liable, at tire discretion of the Court, to be kept in
penal
servitude for life, or for any term not less than three years,-or to be
imprisoned for any term not exceeding two years, with or without hard
labour, and with or without solitary confinement...,:
1,x ~orGin
E g $. Whosoever, without lawful authority or excuse (the' roof whereof
counterfeit ~::lit1a11 lie on the . . partY accused), shall export or
put_°~o~ board any shi
p,
vessel, or boat, for the purpose of being exported from this Colony, any
false or counterfeit coin, resembling or apparently intended to resemble
or pass for any of the Queen's current coin, kuowinj the same to be false
or counterfeit, shall be guilty of a misdemeanor, and being convicted,
thereof shall be liable,, at the discretion of the Court, to be
imprisoned for
any term not exceedinb two years, with or without hard labour, and
with or without solitary confinement.
9. Whosoever shall tender, utter, or put off any false or counterfeit
coin resembling or apparently intended to resemble or pass for any of the
Queen's current fold or silver coin, knowing the same to be false or -
counterfeit, shall be guilty of a misdemeanor, and being convicted thereof
shall be liable, at the discretion of the Court, to be imlmisoned for any,
term not exceeding one year, with or without hard labour, and with,oy.,
without solitary confinement.
r,cGtri , .,JQ. ,Whosoever shall tender, utter or put off any false or
counterfeit,
acomp iied
Possessioncoin uesemblinor app
by g arently intended to resemble or pass for any of the.,
0-RJINANCIJ No. 10 ov 1865: ,
Coinage Offences.
Queen's current gold or silver coin,' knowing the same to be false or
counterfeit, and shall at the time of such tendering, uttering, or putting
o$, have in his custody or possession, besides the false or counterfeit.
coin
so tendered, uttered, or put off, any other piece of false or counterfeit
coin
resembling or apparently intended to resemble or pass for any of the
Queen's current gold or silver coin, or shall, either on the day of such
tendering, uttering, or putting off, or within the space of ten days then
next ensuing, tender, utter, or put off any false or counterfeit coin
resembling or apparently intended to resemble or pass for any of- the
Queen's current gold or silver coin, knowing the same to be false or
counterfeit, shall be guilty of a misdemeanor, and being convicted
there;,f
shall be liable, at the discretion of the Court, to be imprisoned for any
term not exceeding two years, with or without hard labour, and with or
without solitary confinement.
11. `17hosoever shall have in his custody or possession three or more
pieces of false or counterfeit coin resembling or apparently in-tended to
resemble or pass for any of the Queen's current gold or silver coin, know-
ing the saipto 4lse or counterfeit, and with intent to utter or put off
the same oy:4
convicted the4of shall be liable, at the discretion of the Court, to, be
ket)t--
i.n penal servituW'for tile term of three years,-or to be imprisoned W`7;°-
any -term not exceeding two years, with or without hard labour, and yv
or without solitary confinement.
12. Whosoever, having been convicted, either before or after the ,Every
secoxi==
- once of ='
passing of this Ordinance, of any such misdemeanor as in any of the last:
utt9g,c.,
three preeedinb sections mentioned, or of any felony against this
Ordinancefoes 6onoie-
-- tion shall be
or any former enactment in force in this Colony relating to the coil,
felony.
shall afterwards commit any of the misdemeanors in any of the said
sections mentioned, shall be guilty of felony, and being convicted thereof
s ball be liable, at.the discretion of the Court, to be kept in penal
servitude
for life, or for any term not less than three years,-or to be imprisoned
for any. term not exceeding two years, with or without hard labour, and
-with or.without solitary confinement.
13. Whosoever shall, with intent to defraud, tender, utter; or lint
off as or for any of the Queen's current gold or silver coin, any coin not
being such current gold or, silver coin, or any medal or piece of rrletal
or,
zed metals; -resembling in size, figure, and colour the current coin as
of other coun.
terfeit coin or-
follorved by -
a second
uttering.
Having tlui
e
or wore pieeL~`s
of counterfeit
gold or silver
coin in posses-
sion, &o., with
intent, &c.
Uttering
Foreign coin,
medals, &c., as-
cnrrent coin
with intent-to
defraud.
Counterfeit-
ing copper
coin, &o:
befacing the coin
by stamping
words thereon.
[SeeProelawar(oft
20th Oct. of 18RS.)-
ORDINANCE No.- 10 og 1865.
Coinage 0, ff ences.
or for which the same shall be so tendered, uttered, or put off, such
coin,,
medal, or piece of metal or mixed metals so tendered, uttered, or put o$'
being of less value than the current coin as or for which the same shall
be so tendered, uttered, or put off, shall be guilty of a misdemeanor, and
being convicted thereof shall be liable, at the discretion of the; Court,
to
be imprisoned for any term not exceeding one year, with or without hard
labour, and with or without solitary confinement.
14. Whosoever shall falsely make or counterfeit any coin resembling
or apparently intended to resemble or pass for any of the Queen's current
copped coin; and whosoever, without lawful authority or excuse (the
proof whereof shall lie on the party accused), shall knowingly make or
mend, or begin or proceed to make or mend, or buy or sell, or have in'
his custody or possession, any instrument, tool, or engine adapted and
intended fur the counterfeiting any of the Queen's current copper coin;
or shall buy, sell, receive, pay or put off, or offer to buy, sell,
receive, pay,
or put off, any false or counterfeit coin resembling or apparently
intended
to resemble or pass for any of the (queen's current coppet,_coin, at or
for
a lower rate or value than the same imports or was ap~pat~ently intended
to import, shall be guilty of felony, and being convicoe cl thereof shall
be
liable, at the discretion of the Court, to be kept i% -penal servitude for
any term not exceeding seven years, and not less than three years,-or
to be imprisoned for any term not exceeding two years, with or without
hard labour, and with or without solitary confinement.
15. Whosoever shall tender, utter, or put off any false or counterfeit
coin resembling or apparently intended to resemble or pass for any of the
(queen's current copper coin, knowing the same to be false or counterfeit,
or shall have in his custody or possession three or more p~, ces of fare
or
counterfeit coin resembling or apparently intended to resemble or pass for
any of the Queen's current copper coin, knowing the same to be false or
counterfeit, and with intent to otter or put off the carne or any of them,
shall be guilty of a misdemeanor, and being convicted thereof shall be
liable, at the discretion of the Court, to be imprisoned for any terns not
exceeding one year, with or without hard labour, and with or without
solitary confinement.
16. Whosoever shall deface any of the Queen's current gold, silver, or
copper
coin, by stamping thereon any names or words, whether such coin shall or
shall not
be thereby diminished or lightened, shall be guilty of a misdemeanor, and
being
ORDINANCE No. 10 of 186.5.
Coinage Offences.
convicted thereof shall be liable, at the discretion of the Court, to be
imprisoned for
any term not exceeding one year, with or without hard labour. [Repealed
by Ordinance
No. 4 of 1887.
17. No tender of payment in money made in any gold, silver, or copper
coin so
defaced by stamping as in the last preceding section mentioned shall be
allowed to be
a legal tender ; and whosoever shall tender, utter, or put off any coin
so defaced shall,
on conviction thereof before a Police Magistrate, be liable to forfeit
and pay any sum
not exceediu- ten dollars : Provided that it shall not be lawful for any
person to
proceed for any such last-mentioned penalty without the consent of Her
Majesty's
Attorney General for this Colony. (Repealed by Ordinance No. 4 of 4887.
18. Whosoever shall make or counterfeit any kind of coin not~being
the Queen's current gold or silver coin, but resembling or apparently
intended to resemble or pass for any gold or silver coin of any foreign
prince, state, or country, shall be guilty of felony, and being convicted
thereof shall be liable, at the discretion of the Court, to be kept in
penal
servitude for any term not exceeding seven years and not less than three
years,-or to be imprisoned for any term not exceeding two year u, with
or without hard. labour, and with or without solitary confinement.
19. ,Wliosoever, without lawful authority or excuse (the -proof
Nvhereof stall lie on'the party accused), shill bring or receive into,
this \
.Colony any such false or counterfeit coin resembling or apparently
intended
to resemble or lass for any gold or silver coin of any foreign prince,
state, or country, knowing the same to be false or counterfeit, shall be
guilty of felony, and being convicted thereof shall be liable, at the
discretion of the Court, to be kept in penal servitude for any term
not exceeding s;:ven years and not less than three years,-or to -be
imprisoned for any term not exceeding two years, with or without hard
labour, and with or without solitary confinement.
20. Whosoever shall tender, utter, or put off any such false or
counterfeit coin resembling or apparently intended to resemble or pass
for any gold or silver coin of ,any foreign prince, state, or country,
knowing the same to be false or counterfeit, shall be guilty of a
misde[neanor, and being convicted thereof shall be liable, at the
discretion
of the Court, to be imprisoned for any term not exceeding six months,
with or -vvithout hard labour.
21. Whosoever, having been so convicted as in the last preceding seeo,~d
section mentioned, shall afterwards commit the like offence of tendering;
offence o
Peunlty for -
uttering such
counterfeit
coin.
Tender of coin
so defaced not'to
be alegal tender,
and penalty for -
uttering the ~-
.same. -?'
[See.i6id.1
Counterfeit-
ing foreign
gold and
silver coin.
l;ringitzg.cy
conntorfeVs--.
coin intd'tlic
Colony.
,6: ORDINANCE No. 10 of 1865.
Coinage Offences.
-counterfeit ,uttering, or putting off any such false or counterfeit coin
as aforesaid;
foreign coin.
knowing the same to be false or counterfeit, shall be guilty of a
misdemeanor, and being convicted thereof shall be liable, at the
discretion
of the Court, to be imprisoned for any term not exceeding two years, with
-or without hard labour, and with or without solitary confinement; and
°rhi' ' noewhosoever, having been so convicted of a second offence, shall
afterwards
commit the like offence of tendering, utterinff, or putting off any such
fadse or counterfeit coin as aforesaid, knowing the same to be false or
counterfeit,, shall be guilty of felony, and being convicted thereof
shall be
liable, at the discretion of the Court, to be kept in penal servitude for
life
or for: any term not less than three years,-or to be imprisoned for any
term not exceeding two years, with or without hard labour, and with or
without solitary confinement.
Persons coun- 22. Whosoever shall falsely snake or counterfeit any kind of
coin
terfeiting ,
foreign coin not being the Queens current coin, but resembling or
apparently intended
other than
gold and to resemble or pass for any copper coin, or any other coin made
of any
diver coin. . metal or mixed metals of less value than the silver coinpf
any foreign
= prince, state, or country, shall be guilty of a misdemnbr, and being
convicted thereof shall be liable, at the discretion of the Court, for
the first
offence to be imprisoned for any term not exceeding tone year, and for the
second offence to be kept in penal servitude for any term not exceeding
seven years and not less than three years,-or to be imprisoned for any
term not exceeding two years, with or without hard labour, and with or
without solitary confinement.
Penaityon 23. Whosoever, without lawful authority or excuse (the proof
persons
having more whereof shall lie on the party accused), shall have in his
custody or
than five
pieces of such possession any greater number of pieces than five pieces
of false or
counterfeit
foreign coin counterfeit coin resembling or apparently intended to
resemble or pass for
pin their
any gold or silver coin of any foreign prince, state, or country, or
any such copper or other coin as in the last preceding section mentioned;
shall, on conviction thereof before a Police Magistrate, forfeit and lose
all
such false and counterfeit coin, which shall be cut in pieces and
dfstroyed
by order of such Magistrate, and shall for every such offence forfeit and
pay any sum of money not exceeding ten dollars nor less than three
dollars for every such piece of false and counterfeit coin which shall lie
found in the custody or possession of such person, one moiety to the
i nf and the other --the funds of the Colony,; -nd in cas
ormer, I ~ to
7777--
ornl:TANCE No. zo of 1865.
Coinage Offences.
any such penalty shall not be forthwith paid, it shall be lawful for any
such
Magistrate to commit the person who shall have been adjudged to pay
the same to the common gaol, there to be kept to hard labour for
the space of three months, or until such penalty shall be paid.
24. Whosoever, without lawful authority or excuse (the proof
whereof shall lie on the party accused), shall knowingly make or -mend,
or begin or proceed to make or mend, or buy or sell, or have in his
custody or possession, any puncheon, counter puncheon, matrix, stamp,
die, pattern, or mould, in or upon which there shall be made or impressed,
or which will make or impress, or which shall be adapted and intended
to make or impress, the figure, stamp, or apparent resemblance of both or
either of the sides of any of the Queen's current gold or silver coin, or
of
any coin of any foreign prince, state, or country, or any part or parts of
both or either of such sides; or shall make or mend, or begin or proceed
to make or mend, or shall buy or sell, or have in his custody or
possession,
any edge-, editing or other tool, collar, instrument, or engine adapted
and
intended for the marking of coin round the edges with letters, grainings,
-or. other marks,- or figures apparently resembling those on the edges
of any such join as in this section aforesaid, knowing the same
to be so adapted and intended as aforesaid ; or shall make or mend; or
begin or proceed to make or mend, or shall buy or sell, or have in k
custody or possession, any press for coinage, or any cutting engine f6r
cutting by force of a screw , or of any other contrivance, round blanks
out of gold, silver, or other metal or mixture of metals, or any other
machine, knojving such press to be a press for coinage, or knowing such
engine or machine to have been used or to be intended to be used for or
in order to the false making or counterfeiting of any such coin as in this
section aforesaid, shall be guilty of felony, and being convicted thereof
shall be liable, at the discretion of the Court, to be kept in penal
servitude
for life, or for any term not less than three years,- or to be imprisoned
for any term not exceeding two years, with or without hard labour, anal
with or without solitary confinement.
25. Whosoever, without lawful authority or excuse (the proof
whereof shall lie on the party accused), shall knowingly convey out of
the mint any puncheon, counter-puncheon, matrix, stamp, die, pattern,
,Mould, 'edge-, edging or other tool, collar, instrument, press, or
engine,
IUwdor employed in or about jthe coming of coin, or any useful part of
Ieniliw
linvingg .'
possession o£
any coining
tool.; felony.
clonveyh,g
tools or
mollies out of
the mint
without
,III
11101-it y,
felony.
Cain suspected
to be diminished
4r counterfeit
maybe cut by
any person to
whom it is
tendered.
[See Proclamation
30fN Oct. 1800.]
Who shall bear
file loss,
Provision for
the discovery
and seizure of
counterfeit coin
nod veining
ti*ls far saver.
Ing them its
evidence, and
for ultimately
disposing of
them.
[Sea ibid.]
' ORDINANCD No, 101w 1,865.
Coinage Offences.
any of. the several matters aforesaid, or any coin; bullion, metal, or
mixture of metals, shall be guilty of felony, and being convicted thereof
,shall be liable, at tile discretion of the Court, to be kept, in penal
servi-
tude for life or for any term not less than three rears,-or to be im-
prisoned for any term not exceeding two years, with or without hard
labour, and with or without solitary confinement.
26. Where any coin shall be tendered as the Queen's current gold or
silver-
coin to any person who shall suspect the same to be diminished otherwise
than by
reasonable wearing, or to be counterfeit, it shall be lawful for such
person to cut,
break, bend or deface such coin, and if any coin so cut, broken, bent or
defaced shall
appear to be diminished otherwise than by reasonable wearing, or to be
counterfeit,
the person tendering the same shall bear the loss thereof; but if the
same shall be of
due weight, and shall appear to be lawful coin, the person cutting,
breaking, bending
or defacing the same is hereby required to receive the same at the rate
it was coined
for; and if any dispute shall arise, whether the coin so cut, broken,
beat or defaced,
be diminished in manner aforesaid, or counterfeit, it shall be heard and
finally deter-
mined in a summary manner by a Police Magistrate, who is hereby empowered
to
examine upon oath or declaration as well the parties as any other person
in order to
the decision of such dispute; and the Colonial Treasurer, his deputies
and clerks,
and the receivers of every branch of the revenue of this Colony are
hereby required to
cut, break, or deface, or cause to be cut, broken or defaced, every piece
of counterfeit
or unlawfully diminished gold or silver coin which shall be tendered to
them in
f?aymont of any part of the revenue. ERepealcd by Ordinance No. 4 of 1887
27. If any person shall find or discover in any place whatever, or in the
custody
or possession o1 arty person having the same without lawful authority or
excuse, any
false or counterfeit coin, -resembling or apparently intended to resemble
or pass for
any of the Queen's current gold, silver, or copper coin, or any coin of
any foreign
prince, stet©, or country, or any instrument, tool, or engine whatsoever,
adapted and
intended for the counterfeiting of any such coin, or any filings, or
clippings, or any
gold or silver bullion, or any gold or silver in dust, solution, or
otherwise, which shall
have been produced or obtained by diminishing or lightening any of the
Queen's
current gold or silver coin, it shall be lawful for the person so finding
or discovering,
and he is hereby required to seine the same, and to carry the same
forthwith before a
Police Magistrate; and where it shall be proved on the oath or
declaration of a
credible witness before a Police Magistrate, that there is reasonable
cause to suspect
that any person has been, concerned in counterfeiting the Queen's current
gold, silver,
or copper coin, or any such foreign or, other coin as in this Ordinance
before men-
tioned, or has in his custody or possession any such false or counterfeit
coin, or any
in'strumeut, tool, or engine, whatsoever adapted and intended for the
making or
counterfeiting of 'any such coin, or any other machine used or intended
to be used for
,making or counterfeiting any such coin; or any. such filings, clippings,
or bullion; or
ORDINANCE loo: aO:oF 1865.
Coinage Offences.
any such gold or silver in dust, solution, or otherwise as aforesaid, it
shall be lawful
for a Police Magistrate, by warrant under his hand, to cause any place
whatsoever
belonging to or in the occupation or under the control of such suspected
person to be
searched, either in the day or in the night, and if any such false or
counterfeit coin,
or any such instrument, tool, or engine, or any such machine, or any such
filings,
clippings, or bullion, or any such gold or silver in dust, solution, or
otherwise as
aforesaid, shall be found in any place so searched, to cause the sumo to
be seized and
carried forthwith before a Police Magistrate; and t heusoever any such
false or
counterfeit coin, or any such instrument, tool, or engine, or any such
machine, or any
such filings, clippings, or bullion, or any such gold or silver in dust,
solt%tioxt, or
otherwise as aforesaid, shall in any case whatsoever be seized and
carried before a
Police Magistrate, he shall, if necessary, cause the sumo to be secured
for the purpose
of being produced in evidence against any person who may be prosecuted
for any
offence against this Ordinance; and all such false and counterfeit coin,
and all instru-
ments, tools, and engines adapted and intended fur the making or
counterfeiting of
coin, and all such machines and all such filings, clippings, and bullion,
and all such
gold and silver in dust, solution, or otberwiso as aforesaid, after they
shall lave been
produced in evidence, or when they shall have been seized, and shall not
be required
to be produced in evidence, shall forthwith be delivered up to the
officers of the mint.,
or to the Crown Solicitor, or to any person authorized by them to receive
the came.,
[Repealed by Ordinance No. 4 of IR8f.]
28, Where, upon the trial of any person charged with any offence wh4
niuii bc:`
sufficient
against this Ordinance, it shall be necessary to prove that any coin,
proof of coin
being eonn-
produced in evidence against such person is false or counterfeit, it
sball terreit.
not lie necessary to prove the same to be false and counterfeit by the
evidence. of any moneyer, or other officer of tie mint, but it shall be
sufficient to prove the same to be false or counterfeit by the evidence of
any other credible witness.
29. Every offence of falsely making or counterfeiting any coin, or
of buying, selling, receiving, paying, tendering, uttering, or putting
off,
or of offering to buy, sell, receive, pay, utter, or put off, any false or
counterfeit coin, anainst the provisions of this Ordinance, shall be
deemed
to be complete, although the coin so made or counterfeited, or bought,
sold, received, paid, tendered, uttered, or put off, or offered to be
bought,
sold, received, paid, uttered, or put off, shall not be in a fit state to
be
uttered, or the counterfeiting thereof shall not be finished or perfected.
30. It shall be lawfuf .for any person whatsoever to apprehend any Any
p~'rso,l
nay appre-
person who shall be found committing any indictable offence against this
,.,end offender.,;
against tbi.,
ordinance, and to convey or deliver him to some constable or officer of
Ordinance.
Where the
counterfeiting
coin shall by
complete.
ORDINANCE No: 10 0p 186a.
Coinage Offences.
police, in order to his beinzn conveyed as soon as reasonably may be,
before a Police Magistrate or some other proper officer, to be dealt with
accordinb to law.
No certiorari, - 31. No conviction for any offence punishable on summary
conviction
under this Ordinance shall be quashed for want of form; or be removed
by certiorari into the Supreme Court; and no warrant of commitment
shall be held void by reason of any defect therein, provided it be therein
alleged that the party has been convicted, and there be a valid conviction
to sustain the same.
1'rucc;edingy
o-yainst
poisons acting
under this
Ordinance.
2, All actions and prosecutions to be commenced against any
person for anything done in pursuance of this Ordinance shall be com-
menced within six months after the fact committed, and not otherwise ;
Xotice of and ' notice in writing of such. action and of the cause thereof
shall be
action. given to the defendant one month at least before the commencement
of-
c:enorar issue. the action; and in any such action the defendant may
plead the general
issue, and give this Ordinance and the special matter in evidence, at any
trial to be had thereupon; and no plaintiff shall recover in any such
Tender of action.if tender of sufficient amends shall have been made
before such action
amands, &c. brought, or if a sufficient sum of money shall have been paid
into Court.
after such action brou5ht, by or on behalf of the defendant; and if a
verdict shall pass for the defendant, or the plaintiff shall become
nonsuit,
or discontinue any such action after issue joined, or if, upon demurrer or
otherwise, judgment shall be given against the plaintiff, the defendant
shall recover his full costs as between attorney and client, and have the
life remedy for the same as any defendant has by law in other cases ;
and though a verdict shall be given for the plaintiff' in any such action,
such plaintiff shall not have costs against the defendant unless the Judge
before whom the trial shall be, shall certify his approbation of the
action.
rurrisnment 33. In the case of every felony punishable under this
Ordinance,
of. principal i n
,the second every principal in the second degree, and every accessory
before the fact,
i.legree anti
;~t~,so,.i~s shall be punishable in the same manner as the principal in
the first degree
is by this Ordinance punishable ; and every accessory after the fact to-
any felony punishable under this Ordinance shall be liable to be
imprisoned.
for any term not exceeding two years, with or without hard labour.
What stay bc 34. Where any .person shall have, been convicted of any
offence
sufficient
evidence of against this Ordinance, or any former enactment in force in
this Colony
ORDINANCE No. 10 or 1865.
Coinage Ofences.
relating to the coin, and shall afterwards be indicted for any offence
against this Ordinance committed subsequent to such conviction, it shall
be sufficient in any such indictment or information, after charging such
subsequent offence, to state the substance and effect only (omitting the
formal part) of the indictment and conviction for the previous offence,
and a certificate containing the substance and effect only (omitting the
formal part) of the indictment or information and conviction for the
previous offence, purporting to be signed by the Registrar or Deputy
Registrar of the Supreme Court, shall, upon proof of the identity of the
person of the offender, be sufficient evidence of the previous conviction,
and the proceedings upon any indictment or information for committing
any offence after a previous conviction or convictions shall be as follows
(that is to say) The offender shall, in the first instance, be arraigned
upon
so much only of the indictment or information as charges the subsequent
offence, and if he plead not guilty, or if the Court order a plea of
not guilty to be entered on his behalf, the jury shall be charged, in the
first instance, to inquire concerning such subsequent offence only; and if
they find him guilty, or if on arraignment lie plead guilty, he shall
then,
and not before, be asked whether he had be.-n previously convicted as
alleged in the indictment or information, and if he answer that he had,
been so previously convicted the Court may proceed to sentence him,
accordingly, but if he deny that, he had been so previously convi:cfed, or
stand mute of malice, or will not answer directly to such question, the
jury shall then be charged to inquire concerning such previous conviction
,or convictions, and in such case it shall not be necessary to swear the
jury again, but the' oath already taken by them shall for all purposes be
deemed to extend to such last-mentioned inquiry:-Provided that if upon
the trial of any person for any such subsequent offence such person shall
give evidence of his good character, it shall be lawful for the Attorney
General, in answer thereto, to give evidence of the conviction of such
person for the previous offence or offences, before such verdict of guilty
-shall be returned, and the jury shall inquire concerning such previous
conviction or convictions at the same time that they inquire concerning
such subsequent offence.
. Whenever any person shall be convicted of any indictable
misdemeanor punishable under this Ordinance the Court. nay, if it shall
think fit, in addition to or in lieu of any of the punishments by this
Ordinance authorized, fine the offender, and require him to enter into his
conviction for-
s previous
oftener -
when the
previous
conviction is
to be proved
on the trial.
Tine and
sureties fpu
keeping the
peace,in what
cases.
Solitary con-
finement.
Summary
proceedings
may be under
Ordinance No.
70 of 1844.
Commence-
ment of Oedi-
nanco.
ORDINANCE No. 10 of 1865.
Coinage Offences.
own recognizances, and to find sureties, both or either, for keeping the
peace and being of good behaviour; and in case of any felony
punishable under this Ordinance, the Court may, if it shall think fit,
require the offender to enter into his own recognizances, and to find
sureties, both or either, for keeping the peace, in addition to any
punish-
ment by this Ordinance authorized:-,Provided that no person shall be
imprisoned under this clause for not finding sureties for any period
exceeding one year.
Hard labour. 36. Whenever imprisonment, with or without hard labour, may be
awarded for any indictable offence under this Ordinance, the Court xnay
sentence the offender to be imprisoned, or to be imprisoned and kept to
hard labour, and in either case the sentence shall be carried out in
accord-
ance with the provisions of Ordinance A'o. 4 of 1863, section 15. ('llro.
18 of 1885 ' as amended by that Ordinance.]
37. Whenever solitary confinement may be awarded for any offence
under this Ordinance, the Court may direct the offender to be kept in
solitary confinement for any portion or portions of his imprisonment, or
of his imprisonment with hard labour, not exceeding one month at any
one time, and not exceeding three months in any one year.
38. Every offence hereby made punishable on summary conviction
may be prosecuted in the manner directed bar Ordinance No. 10 of 1844.
39. This Ordinance, or such portion or portions thereof as to the
Governor may seem fit, shall commence and tape effect on such day as
shall hereafter be fixed by proclamation under the hand of the Governor;
and such portion or portions of such Ordinance as shall not be included
in such proclamation shall be brought into operation on a day to be
further
fixed by another proclamation under the hand of the Governor.
[All in fog°ee fror22 20t1a October 1865 ea°cPptscetions 4, 5,16,17, 26
and
27 under Pi°oclamcztdon of the 20tlL October .Zb'6S: See qazette .21st of
,.aine
I220nth..
859
Title.
[See 24 & 25 V. c. 99.]
Preamble.
Interpretation of terms.
Current gold and silver coin.
Copper coin.
860
False or counterfeit coin.
Current coin.
What shall be possession.
Counterfeiting the gold or silver coin.
Colouring counterfeit coin or any pieces of metal with intent to make them pass for gold or silver coin.
861
Colouring or altering genuine coin with intent to make it pass for a higher coin.
Impairing the gold or silver coin with intent &c.
[See Proclamation 20th Oct. 1865.]
Unlawful possession of fillings or clippings of gold or silver coin.
[See ibid.]
Buying or selling, &c., counterfeit gold or silver coin or lower
862
value than its denomination.
Importing counterfeit coin from beyound seas or from the mainland.
Exporting counterfeit coin.
Uttering counterfeit gold or silver coin.
Uttering accompanied by possession
863
of other counterfeit coin or followed by a second uttering.
Having three or more pieces of counterfeit gold or silver coin in possession, &c., with intent , &c.
Every second offence of uttering, &c., after a previous conviction shall be felony.
Uttering Foreign coin medals, &c., as current coin with intent to defraud.
864
Counterfeiting copper coin, &c.
Uttering base cppoer coin.
Defacing the coin by stamping words thereon .
[See Proclamation 20th Oct. of 1865.]
865
Tender of coin so defaced not to be a legal tender, and penalty for uttering the same.
[See ibid.]
Counterfeiting foreign gold and silver coin.
Bringing such counterfeit coin into the Colony.
Penalty for uttering such counterfeit coin.
Second offence of uttering.
866
counterdeit foreign coin.
Third offence.
Persons counterfeiting foreign coin other than gold and silver coin.
Penalty on persons having more than five pieces of such counterfeit foreign coin in their possession.
867
Making, mendin, or having possession of any coining tools, felony.
Conveying tools or monies out of the mint without authority felony.
868
Coin suspected to be diminished or counterfeit may be cut by any perosn to whom it is tendered.
[See Proclamation 20th Oct, 1865.]
Who shall bear the loss.
Provision for the discovery and seizure of counterfeit coin and coining tools for securing them as evidence, and for ultimately disposing of them.
[See ibid.]
869
What shall be sufficient proof of coin being counterfeit.
Where the counterfeiting coin shall be complete.
Any person may apprehend offenders against this Ordinance.
870
No certiorari, &c.
Proceedings against persons acting under this Ordinance.
Notice issue.
Tender of amends, &c.
Punishment of principal in the second degree and accessories.
What shall be sufficient evidence of
871
conviction for a previous offence.
When the previous conviction is to be proved on the trial.
Fine and sureties for keeping the peace, in what cases.
872
Hard labour.
Solitary confinement.
Summary proceedings may be under Ordinance No. 10 of 1844.
Commencement of Ordinance.
Abstract
859
Title.
[See 24 & 25 V. c. 99.]
Preamble.
Interpretation of terms.
Current gold and silver coin.
Copper coin.
860
False or counterfeit coin.
Current coin.
What shall be possession.
Counterfeiting the gold or silver coin.
Colouring counterfeit coin or any pieces of metal with intent to make them pass for gold or silver coin.
861
Colouring or altering genuine coin with intent to make it pass for a higher coin.
Impairing the gold or silver coin with intent &c.
[See Proclamation 20th Oct. 1865.]
Unlawful possession of fillings or clippings of gold or silver coin.
[See ibid.]
Buying or selling, &c., counterfeit gold or silver coin or lower
862
value than its denomination.
Importing counterfeit coin from beyound seas or from the mainland.
Exporting counterfeit coin.
Uttering counterfeit gold or silver coin.
Uttering accompanied by possession
863
of other counterfeit coin or followed by a second uttering.
Having three or more pieces of counterfeit gold or silver coin in possession, &c., with intent , &c.
Every second offence of uttering, &c., after a previous conviction shall be felony.
Uttering Foreign coin medals, &c., as current coin with intent to defraud.
864
Counterfeiting copper coin, &c.
Uttering base cppoer coin.
Defacing the coin by stamping words thereon .
[See Proclamation 20th Oct. of 1865.]
865
Tender of coin so defaced not to be a legal tender, and penalty for uttering the same.
[See ibid.]
Counterfeiting foreign gold and silver coin.
Bringing such counterfeit coin into the Colony.
Penalty for uttering such counterfeit coin.
Second offence of uttering.
866
counterdeit foreign coin.
Third offence.
Persons counterfeiting foreign coin other than gold and silver coin.
Penalty on persons having more than five pieces of such counterfeit foreign coin in their possession.
867
Making, mendin, or having possession of any coining tools, felony.
Conveying tools or monies out of the mint without authority felony.
868
Coin suspected to be diminished or counterfeit may be cut by any perosn to whom it is tendered.
[See Proclamation 20th Oct, 1865.]
Who shall bear the loss.
Provision for the discovery and seizure of counterfeit coin and coining tools for securing them as evidence, and for ultimately disposing of them.
[See ibid.]
869
What shall be sufficient proof of coin being counterfeit.
Where the counterfeiting coin shall be complete.
Any person may apprehend offenders against this Ordinance.
870
No certiorari, &c.
Proceedings against persons acting under this Ordinance.
Notice issue.
Tender of amends, &c.
Punishment of principal in the second degree and accessories.
What shall be sufficient evidence of
871
conviction for a previous offence.
When the previous conviction is to be proved on the trial.
Fine and sureties for keeping the peace, in what cases.
872
Hard labour.
Solitary confinement.
Summary proceedings may be under Ordinance No. 10 of 1844.
Commencement of Ordinance.
Title.
[See 24 & 25 V. c. 99.]
Preamble.
Interpretation of terms.
Current gold and silver coin.
Copper coin.
860
False or counterfeit coin.
Current coin.
What shall be possession.
Counterfeiting the gold or silver coin.
Colouring counterfeit coin or any pieces of metal with intent to make them pass for gold or silver coin.
861
Colouring or altering genuine coin with intent to make it pass for a higher coin.
Impairing the gold or silver coin with intent &c.
[See Proclamation 20th Oct. 1865.]
Unlawful possession of fillings or clippings of gold or silver coin.
[See ibid.]
Buying or selling, &c., counterfeit gold or silver coin or lower
862
value than its denomination.
Importing counterfeit coin from beyound seas or from the mainland.
Exporting counterfeit coin.
Uttering counterfeit gold or silver coin.
Uttering accompanied by possession
863
of other counterfeit coin or followed by a second uttering.
Having three or more pieces of counterfeit gold or silver coin in possession, &c., with intent , &c.
Every second offence of uttering, &c., after a previous conviction shall be felony.
Uttering Foreign coin medals, &c., as current coin with intent to defraud.
864
Counterfeiting copper coin, &c.
Uttering base cppoer coin.
Defacing the coin by stamping words thereon .
[See Proclamation 20th Oct. of 1865.]
865
Tender of coin so defaced not to be a legal tender, and penalty for uttering the same.
[See ibid.]
Counterfeiting foreign gold and silver coin.
Bringing such counterfeit coin into the Colony.
Penalty for uttering such counterfeit coin.
Second offence of uttering.
866
counterdeit foreign coin.
Third offence.
Persons counterfeiting foreign coin other than gold and silver coin.
Penalty on persons having more than five pieces of such counterfeit foreign coin in their possession.
867
Making, mendin, or having possession of any coining tools, felony.
Conveying tools or monies out of the mint without authority felony.
868
Coin suspected to be diminished or counterfeit may be cut by any perosn to whom it is tendered.
[See Proclamation 20th Oct, 1865.]
Who shall bear the loss.
Provision for the discovery and seizure of counterfeit coin and coining tools for securing them as evidence, and for ultimately disposing of them.
[See ibid.]
869
What shall be sufficient proof of coin being counterfeit.
Where the counterfeiting coin shall be complete.
Any person may apprehend offenders against this Ordinance.
870
No certiorari, &c.
Proceedings against persons acting under this Ordinance.
Notice issue.
Tender of amends, &c.
Punishment of principal in the second degree and accessories.
What shall be sufficient evidence of
871
conviction for a previous offence.
When the previous conviction is to be proved on the trial.
Fine and sureties for keeping the peace, in what cases.
872
Hard labour.
Solitary confinement.
Summary proceedings may be under Ordinance No. 10 of 1844.
Commencement of Ordinance.
Identifier
https://oelawhk.lib.hku.hk/items/show/210
Edition
1890
Volume
v2
Cap / Ordinance No.
No. 10 of 1865
Number of Pages
14
Files
Collection
Historical Laws of Hong Kong Online
Citation
“COINAGE OFFENCES ORDINANCE,” Historical Laws of Hong Kong Online, accessed March 12, 2025, https://oelawhk.lib.hku.hk/items/show/210.
