CRIMES ORDINANCE

CRIMES ORDINANCE

LAWS OF HONG KONG

CRIMES ORDINANCE

CHAPTER 200





1984 Ed.] Crimes [CAP. 200 1

CHAPTER 200

CRIMES ORDINANCE*

ARRANGEMENT OF SECTIONS

Section Page
1. Short title 7

PART 1

TREASON

2. Treason ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 7
3. Treasonable offences . ... ... ... ... ... ... ... ... ... ... ... 8
4. Limitations as to trial for treason, etc. ... ... ... ... ... 8
5. Assaults on the Queen ... ... ... ... ... ... ... ... ... ... ... 8

PART 11

OTHER OFFENCES AGAINST THE CROWN

6. Incitement to mutiny ... . ... ... ... ... ... ... ... ... . 9
7. Incitement to disaffection ... ... ... ... ... ... ... 9

8. Power to search and prevent offences under section 7 ... ... ... ... 10
9. Seditious intention... ... ... 11
10. Offences ... ... ... ... ... ... ... ... ... ... ... ... . ... ... ... 12
11. Legal proceedings ... ... ... ... ... ... ... ... ... ... ... ... ... .. 13
12. Evidence ... ... ... ... ... ... ... ... ... ... ... 13
13. Search warrant ... ... ... ... ... ... ... ... 1 . ... ... .. 1 13
14. Power to remove seditious publications ... ... ... ... .. ... ... ... ... 13
15. Unlawful oaths to commit capital offences ... 1 .. ... ... ... ... ... 14
16. Other unlawful oaths to commit offences ... ... ... ... ... 14
17. Compulsion in taking unlawful oaths ... . ... ... .. .. ... 15
18. Unlawful drilling ... ... ... ... ... ... ... ... ... ... ... ... ... 15

Note: This Ordinance consolidates, as at 31 December 1972, provisions which previously
appeared in the following Ordinances(1) Crimes Ordinance (Cap. 200, 1971 Ed.) (2)
Crimes (Amendment) Ordinance 1972 (No. 48 of 1972) (3) Coinage Offences
Ordinance (Cap. 204. 1964 Ed.) (4) Criminal Intimidation Ordinance (Cap. 205, 1964
Ed.) (5) Explosive Substances Ordinance (Cap. 206. 1966 Ed.) (6) False Personation
Ordinance (Cap. 207, 1964 Ed.) (7) Falsification of Documents Ordinance (Cap. 208.
1964 Ed.) (8) Forgery Ordinance (Cap. 209, 1964 Ed.) (9) Perjury Ordinance (Cap.
214. 1970 Ed.) (10) Punishment of Incest Ordinance (Cap. 216. 1964 Ed.) (11)
Sedition Ordinance (Cap. 217. 1970 Ed.)





Section page

PART 111

PIRACY

19............Piracy with violence ......... ... ... ... ... ... ... ... ... 15

20..........Piratical acts ....... ...... ... ... ... ... .. ... ... ... ... 16
21..........Trading, etc.with pirates ...... ... ... ... ... ... ... ... ... ... ...
16

22. Being found on board piratical vessel and unable to prove non-complicity 16

23..........Regulations ....................... ... ... ... ... ... ... ... 17

PARTIV

INTIMIDATION

24.......................Certain acts of intimidation prohibited ... ... ... ... ... ... ... 17

25. Assaults with intent to cause certain acts to be done or omitted ... ... ... 17

26. No defence to prove that the threat 'as not made directly ... ... ... ... 18

27.......Penalties ............................ ... ... ... ... ... ... ... ... is

PART V

PERJURY

28............Interpretation .................. ... ... . ... ... ... .. is

29......................................Extracurial statements on oath made for purposes of a judicial proceeding ... 18

30.........................Materiallity of a statement is a question of law ... ... ... ... ... ... ... 18

31.......Perjury . ............................ ... .. ... ... ... ... ... ... ... 18

32....................................False statements on oath made otherwise than in a judicial proceeding ... ... 19

32A.................................False unseorn statement under section 76 of Evidence Ordinance ... ... ... 19

33...........................False written statements in criminal proceedings ... ... ... ... ... ... 19

34...........False statements, etc..with reference to marriaee ... ... ... ... ... ... 19
35...........False statements. etc., as to births or deaths ... ... ... ... ... ...
20

36. False statutory declarations and other false statements without oath ... ... ... 20

37..........................False declarations, etc., to obtain registration. etc for carrying on a vocation 21

38....................Aiders abettors, suborners, etc. . ... ... ... ... ... ... ... ... ... 21
39....................Contradictory statements on oath ... ... ... ... ... ... ... ... ... 21

40..............Using false affidavits ........ ... ... ... ... ... ... ... ... ... ... 21

41.......................Power to direct a prosecution for perjury ... ... ... ... ... ... ... ... 22
42. Form of indictment 22

43. Corroboration 23
44.........................Certified copy of record of court proceedings ... ... ... ... ... ... 23
45. Form of oath 23







46. Savings ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 23





Section Page

PART VI

INCEST

47.........Incest by men ...................... ... ... ... ... ... ... ... ... ... 24

48. Incest by women of or over 16 ... ... 1 . ... ... ... ... ... .. ... ... 24

49..............Test of relationship .......... ... ... ... ... ... ... ... ... ... ... 25
50..............Prosecution of offences ....... ... ... ... .. ... ... ... ... ... ... ... 25

51. Sanction of Attorney General ... ... ... ... ... ... ... ... ... ... 25

PART VII

EXPLOSIVE
SUBSTANCES

52............Interpretation .................. ... ... ... ... ... ... ... ... ... 15

53. Causing explosion likely to endanger life or 52. ... ... ...

54. Attempt to cause explosion, or making or keeping explosive with intent to

endanger life or property ................ ... ... ... ... . ... 26

55.....................Making or possession of explosive ... ... ... ... ... ... ... ... ... 26

56..............Position of accessories .... ... .. ... ... ... ... ... ... ... ... ... 26

57. Exclusion of public during hearing of proceedings for offence under this Part ... 27

58. Provisions of this Part not to exempt from proceedings under other provisions of

laws ..................................... ... ... ... ... ... ... ... 2 27

PART VIII

CRIMINAL DAMAGE TO
PROPERTY

59............Interpretation .................. ... ... ... ... ... ... ... ... ... 27

60.....................Destroying or damaging property ... ... ... ... ... ... ... -),R
61.....................Threats to destroy or damage property ... ... ... ... ... ... ... ... 18

62. Possessing anything with intent to destroy or damage property ... ... ... ... 28

63..............Punishment of offences ..... ... ... ... ... ... ... ... ... ... ... ... 28

64................-Without lawful excuse- ...... ... ... ... 1 . ... ... ... ... 29

65. Search for things intended for use in committing offences of criminal damage ... 29

66..............................Evidence in connexion with offences under this Part ... ... ... ... ... 30

67...................Abolition of common law arson ... ... ... ... ... ... ... ... ... ... 30

PART IX

FORGERY

68. Interpretation ... ... ... ... ... ... ... ... ... 30






69. Definition of forgery ... ... ... ... ... ... ... ... ... ... ... ... ... 32

70. Forgery of certain documents with intent to defraud 3
71..................................Forgery of certain documents with intent to defraud or deceive ... ... ... 34
72. Forgery of other documents with intent to defraud or to deceive an offence 35





Section...................................... Page

73. Forgery of seals and dies . ............... ... ... ... ... ... ... 35

74. Uttering ............................... ... ... ... ... ... ... ... ... 36

75. Demanding property on forged documents, etc. ... ... ... ... ... ... ... 36
76. Possession of forged documents, seals and dies ... ... ... ... ... ... ... 37

76A.....................Possession of implements for forgery ... ... ... ... ... ... ... ... ... 37

77. Making or having in possession paper or implements for forgery ... ... ... ... 38

78. Accessories and abettors .................. ... ... ... ... ... ... ... 38

79. Punishments ............................... ... ... ... ... ... ... ... 39

80. Criminal possession ....................... ... ... ... ... ... ... ... 39

81. Search warrants ........................... ... ... ... ... ... ... ... 39

82. Form of indictment and proof of intent..... ... ... ... ... ... ... ... ... 40

83. Savings ................................ ... ... ... ... ... ... ... ... 40

PART X

FALSE CERTIFICATION AND PERSONATION

84. Making false entry in contract for sale of shares ... ... ... ... ... ... 41
85. Making false entry in bank book. etc. .... ... ... . ... ... 41
86. Bank clerk making out false dividend warrant . ... ... ... ... ... ... 41

87. Uttering, delivering or acting under false copy or certificate of record or process of

court ................................ ... ... ... ... ... ... ... ... 42

88. Making false entry in register of births, etc. ... ... ... ... ... ... ... 42

89. Making false entry in copy of register sent to registrar ... ... ... ... ... 42

90. Unlawful assumption of character of member of Customs and Excise Service ... 43

91. Acknowledging recognizance. etc..in name of another ... ... ... ... ... ... 43

92. Intent to defraud particular person not necessary ... ... ... ... ... ... 43
93. Aiders and abettors 1 43

94. Fines and sureties for keeping the peace ... ... ... ... ... ... ... ... ... 43

PART XI

COINAGE OFFENCES

95. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... 44

relating to gold and silver coin

96. Counterfeiting gold or silver coin ... ... ... ... ... ... ... ... 44

97. Colouring counterfeit coin or metal. with intent to make it pass for gold or silver

coin ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 45 98. Impairing or lightening gold or
silver coin with intent ... ... ... ... ... ... 45







99. Buying. etc.. counterfeit gold or silver coin for less than its denomination ... ... 45

100. Importing counterfeit gold or silver coin ... ... ... ... ... ... ... ... ... 46

101. Exporting counterfeit coin ... ... ... ... ... ... ... ... ... ... ... ... 46

102. Uttering counterfeit gold or silver coin ... ... ... ... ... ... ... ... ... 46

103. Uttering counterfeit gold or silver coin. with circumstances of aggravation ... ... 46





Section...................................... Page

104................................Having 3 pieces of counterfeit gold or silver coin. with intent ... ... ... ... 46

105...................Second offence of uttering. etc . ... ... ... ... ... ... ... ... ... ... 47

106.......................................Uttering coin, medal, etc., of less value for gold or silver coin. with intent ... 47

Offences relating to copper coin
107....................................Counterfeiting, making, having tools for counterfeiting. and buying, etc counter-

feit, copper coin ....................... ... ... ... ... ... ... ... ... 47

108................................Uttering. having in possession 3 counterfeit copper coins ... ... ... ... 48

109..............................Making. mending. or having possession of coining tool ... ... ... ... ... 48

110...................Proof of coin being counterfeit ... ... ... ... ... ... ... ... ... ... 49

111.............When counterfeiting, etc..to be deemed complete ... ... ... ... ... ... 49

112. Power to issue search warrant for counterfeit coin or instrument for coining ... 49

113.........................Principals in second degree and accessories ... ... ... ... ... ... ... 50

114..............Prohibition of tokens ......... ... ... ... ... ... ... ... ... 50

115...................Second or subsequent offence ... ... ... ... ... ... ... ... ... ... 50

116.........................Fine and sureties for keeping the peace ... ... ... ... ... ... 50

PART XII

SEXUAL AND RELATED
OFFENCES

Imerpretation

117. Interpretation.................. ... ... ... ... ... ... ... ... ... ... 51

sexual offences

118........Rape ................................ ... ... ... ... ... ... ... ... 51

119.....................Procurement of woman by threats ... ... ... ... ... ... ... ... ... 52
120.....................Procurement of woman by false pretences ... ... ... ... ... ... ... ... 52

121..............................Administering drugs to obtain or facilitate intercourse ... ... ... ... ... 53

122...................Indecent assault on a woman ... ... ... ... ... ... ... ... ... 53
123...................Intercourse with girl under 13 ... ... ... ... ... ... ... ... ... ... 53
124...................Intercourse with girl under 16 ... ... ... ... ... ... ... ... ... ... 53

125.................Intercourse with defective ... ... ... ... ... ... ... ... ... ... ... 53

126.......................Abduction of unmarried girl under 16 ... ... ... ... ... ... ... ... 54

127................................Abduction of unmarried girl under 18 for sexual intercourse ... ... ... ... 54

128.....................................Abduction of defective from parent or guardian for sexual intercourse ... ... 54

Exploitation sexual purposes

129. Trafficking to or from Hong Kong in women ... ... ... ... ... 54
130. Control over woman for purpose of unlawful sexual intercourse or prostitution ... 55






131. Causing prostitution of woman ... ... ... ... ... ... ... ... ... ... 5
132. Procurement of woman under 21 ... ... ... 1 . ... ... ... ... ... ... 5 55
133. Procurement of defective ... ... ... ... ... ... ... ... ... ... ... ... 56





Section...................................... Page

134................................Detention of woman for intercourse or in vice establishment ... ... ... ... 56

135. Causing or encouraging prostitution of, intercourse with. or indecent assault on.

girl under 16 ........................... ... ... ... ... ... ... ... 56

136. Causing or encouraging prostitution of defective c ... ... ... ... ... ... ... 57

137.......................Man living on earnings of prostitution ... ... ... ... ... ... ... ... 57
138.......................Woman exercising control over er prostitute ... ... ... ... ... ... ... ... 57

139...................Keeping a vice establishment ... ... ... ... ... ... ... ... ... ... 58

(-,*se of premises etc. fro illicit sexual purposes
140..........................................Permitting girl under 13 to resort to or be on premises or vessel for intercourse 58

141. Permitting girl under 16 to resort to or be on premises or vessel for prostitution or

1 intercourse ............................ ... ... ... ... ... ... ... ... 58

142. Permitting defective to resort to or be on premises or vessel for prostitution or

intercourse . ....................... ... ... ... ... ... 58

143...........................Letting premises for use as a vice establishment 1 ... ... ... ... ... ... 59

144.......................................Tenant etc. permitting premises or vessel to be kept as a vice establishment ... 59

145. Tenant etc. permitting premises or vessel to be used for prostitution ... ... ... 59

Miscellaneous offencers and pro provisions

146.......................Indecent conduct towards child under 14 ... ... ... ... ... ... ... ... 59

147.....................Soliciting for an immoral purpose ... ... ... ... ... ... ... ... ... 59

148..............Indecency in public ............. .11 ... ... ... ... ... ... 60

149.........................Conviction for offence other than that charged ... ... ... ... ... ... ... 60

150..............Proof of exceptions .......... ... ... ... ... ... ... .. 1 ... 60

151..................................Power of search in case of man living on earnings of prostitution ... ... ... 60

152.....................General power of search and seizure ... ... ... ... ... ... ... ... ... 60

153..............................Seizure and forfeiture in respect of vice establishment ... ... ... ... ... 61

Restrictions on evidence and on publishing details regarding idemity

154.........................Restrictions on evidence at trials for rape etc . ... ... ... ... ... ... ... 61

155. Application of s. 154 to committal proceedings. District Court and summary

trials .......................... ....... ... ... ... ... .... ... 62

156.........................Anonymity of complainants in rape etc. cases ... ... ... ... ... ... 62
157. Offences and proceedings 65

158. Application of ss. 156 and 157 to trials by courts-martial ... ... ... ... ... 65
159. Transitional provisions 66

PART XIII


MISCELLANEOUS OFFENCES

160. Loitering ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 67

Schedule. Other offences of which accused may be convicted ... ... ... ... ... ... ... 67





CHAPTER 200

CRIMES

To consolidate certain penal enactments.

[19 November 1971.1

1. This Ordinance may be cited as the Crimes Ordinance.

PART 1

TREASON

2. (1) A person commits treason if he-

(a)kills, wounds or causes bodily harm to Her Majesty, or
imprisons or restrains Her;

(b)forms an intention to do any such act as is mentioned in
paragraph (a) and manifests such intention by an overt act;

(c) levies war against Her Majesty-

(i) with the intent to depose Her Majesty from the style.
honour and royal name of the Crown of the United Kingdom
or of any other of Her Majesty's dominions; or

(ii) in order by force or constraint to compel Her Majesty to
change Her measures or counsels, or in order





to put any force or constraint upon, or to intimidate or
overawe, Parliament or the legislature of any British territory.,

(d)instigates any foreigner with force to invade the United
Kingdom or any British territory..

(e)assists by any means whatever any public enemy at war with
Her Majesty; or

conspires with any other person to do anything mentioned in
paragraph (a) or (c).

(2) Any person who commits treason shall be guilty of an offence
and on conviction upon indictment shall be sentenced to death.

3. (1) Any person who forms an intention to effect any of the
following purposes, that is to say

(a)to depose Her Majesty from the style, honour and royal name
of the Crown of the United Kingdom or of any other of Her
Majesty's dominions,

(b)to levy war against Her Majesty within the United Kingdom or
any British territory in order by force or constraint to compel
Her Majesty to change Her measures or counsels, or in order
to put any force or constraint upon, or to intimidate or
overawe, Parliament or the legislature of any British territory,
or

(c)to instigate any foreigner with force to invade the United
Kingdom or any British territory,

and manifests such intention by an overt act or by publishing any
printing or writing, shall be guilty of an offence and shall be liable on
conviction upon indictment to imprisonment for life.

(2) It shall be no defence to a charge under this section that any
act proved against the person charged amounts to treason under
section 2; but no person convicted or acquitted of an offence under this
section shall afterwards be prosecuted for treason under section 2 upon
the same facts.

4. (1) A person shall not be prosecuted for any offence under
section 2 or 3 unless the prosecution is commenced within 3 years after
the offence is committed.

(2) This section does not apply to cases in which the overt act
alleged is the killing of Her Majesty, or a direct attempt to endanger the
life of Her Majesty.

(3) The procedure on trials for treason or misprision of treason
shall be the same as the procedure on trials for murder.

5. Any person who wilfully-

(a) produces or has near Her Majesty any arms or destructive





(b)with intent to alarm or to injure Her Majesty, or to
provoke a breach of the peace or whereby a breach of the
peace is likely to be caused-
(i) discharges, or points, aims or presents any arms at
or near Her Majesty;
(ii) causes any explosive substance to explode near Her
Majesty;
(iii) assaults Her Majesty; or
(iv) throws anything at or upon Her Majesty,

shall be guilty of an offence and shall be liable on conviction upon
indictment to imprisonment for 7 years.

PART 11

OTHER OFFENCES AGAINST THE CROWN

6. Any person who knowingly attempts-

(q) to seduce any member of Her Majesty's forces or any
member or officer of the Royal Hong Kong Regiment or of
the Royal Hong Kong Auxiliary Air Force from his duty
and allegiance to Her Majesty; or
(b) to incite any such person-
(i) to commit an act of mutiny or any traitorous or
mutinous act; or
(ii) to make or endeavour to make a mutinous
assembly,
shall be guilty of an offence and shall be liable on conviction upon
indictment to imprisonment for life.

7. (1) Any person who knowingly attempts to seduce-
(a) any member of Her Majesty's forces;
(b) any member or officer of the Royal Hong Kong Regiment
or of the Royal Hong Kong Auxiliary Air Force;
(e) any police officer; or

(d)any member of the Royal Hong Kong Auxiliary Police
Force,

from his duty or allegiance to Her Majesty shall be guilty of an
offence.
(2) Any person who-

(a)knowing that any member or officer mentioned in subsec-
tion (1) is about to desert or absent himself without leave.
assists him in so doing; or
(b)knowing such member or officer to be a deserter or
absentee without leave, conceals him or assists him in
concealing himself or assists in his rescue from custody,
shall be guilty of an offence.





(3) Any person who, with intent to commit or to aid. abet,
counsel or procure the commission of an offence under subsection
(1), has in his possession any document of such a nature that the
dissemination of copies thereof among the members or officers
mentioned in subsection (1) would constitute such an offence, shall
be guilty of an offence.

(4) Any person guilty, of an offence under this section shall be
liable on conviction upon indictment to a fine of $5.000 and to
imprisonment for 2 years.

(5) The court by or before which a person is convicted of an
offence under this section may order any documents connected with
the offence to be destroyed or dealt with in such other manner as
may be specified in the order; but no documents shall be destroyed
before the expiration of the period within which an appeal may be
lodged, and if an appeal is lodged no document shall be destroyed
until after the appeal has been finally determined or abandoned.

(6) No prosecution for an offence under this section shall be
instituted without the consent of the Attorney General.

8. (1) If ajudge is satisfied by information on oath that there
is reasonable ground for suspecting that an offence under section 7
has been committed, and that evidence of the commission thereof is
to be found at any premises or place specified in the information. he
may grant a search warrant authorizing a police officer not below
the rank of inspector. together with any other police officers-

(a)to enter the premises or place at any time within 1 month
from the date of the warrant, if necessary by force;

(b)to search the premises or place and any person found
therein, and

(c)to seize anything found on the premises or place or on any
such person which the officer has reasonable ground for
suspecting to be evidence of the commission of such an
offence.

(2) A woman shall not be searched, in pursuance of a warrant
granted under subsection (1), except by a woman.

(3) Notwithstanding anything contained in subsection (1)-

(a)a warrant shall only be granted under subsection (1) in
respect of an offence suspected to have been committed
within the 3 months prior to the laying of the information
thereof,

(b)if a warrant under subsection (1) has been executed on any
premises, the police officer who has conducted or directed
the search shall-
(i) notify the occupier that the search has taken place,
and supply him on request with a list of any documents or
other objects which have been removed from the premises;
and





(ii) where any documents have been removed from any
other person, supply that person with a list of such
documents;

(e)anything seized under subsection (1) may be retained for a
period not exceeding 1 month, or if within that period
proceedings are commenced for an offence under section 7,
until the conclusion of those proceedings; and

(d)section 102 of the Criminal Procedure Ordinance (which
makes provision for the disposal of property connected
with offences) shall apply to property which has come into
the possession of the police under this section as it applies
to property which has come into the possession of the
police in the circumstances mentioned in that section.

9. (1) A seditious intention is an intention-

(a)to bring into hatred or contempt or to excite disaffection
against the person of Her Majesty, or Her Heirs or
Successors, or against the Government of Hong Kong.
or the government of any other part of Her Majesty's
dominions or of any territory under Her Majesty's
protection as by law established; (Replaced, 28 of 1938,
s. 2)

(b)to excite Her Majesty's subjects or inhabitants of Hong
Kong to attempt to procure the alteration, otherwise than
by lawful means, of any other matter in Hong Kong as by
law established; or

(c)to bring into hatred or contempt or to excite disaffection
against the administration of justice in Hong Kong; or

(d)to raise discontent or disaffection amongst Her Majesty's
subjects or inhabitants of Hong Kong; or

(e)to promote feelings of ill-will and enmity between different
classes of the population of Hong Kong; or

to incite persons to violence; or (Added, 30 of 1970, s. 2)

(g)to counsel disobedience to law or to any lawful order.
(Added, 30 of 1970, s. 2)
(13 of 1938, s. 3, incorporated)

(2) An act, speech or publication is not seditious by reason
only that it intends- (Amended, 28 of 1938, s. 2)

(a)to show that Her Majesty has been misled or mistaken in
any of Her measures; or

(b)to point out errors or defects in the government or con-
stitution of Hong Kong as by law established or in
legislation or in the administration of justice with a view to
the remedying of such errors or defects; or





(e)to persuade Her Majesty's subjects or inhabitants of Hong
Kong to attempt to procure by lawful means the alteration of
any matter in Hong Kong as by law established, or

(d)to point out, with a view to their removal, any matters which
are producing or have a tendency to produce feelings of ill-will
and enmity between different classes of the population of
Hong Kong. (13 of 1938, s. 3, incorporated. Aniended, 28 of
1938, s. 2)

(3) In determining whether the intention with which any act was
done, any words were spoken, or any document was published, was or
was not seditious, every person shall be deemed to intend the
consequences which would naturally follow from his conduct at the
time and under the circumstances in which he so conducted himself. (13
of 1938, s. 3, incorporated)

10. (1) Any person who-

(a)does or attempts to do, or makes any preparation to do. or
conspires with any person to do, any act with a seditious
intention, or

(b) utters any seditious words; or

(e)prints. publishes. sells. offers for sale. distributes. displays or
reproduces any seditious publication, or

(d)imports any seditious publication, unless he has no reason to
believe that it is seditious,

shall be guilty of an offence and shall be liable for a first offence to a
fine of $5,000 and to imprisonment for 2 years, and for a subsequent
offence to imprisonment for 3 years., and any seditious publication shall
be forfeited to the Crown. (Aniended, 22 of 1950, Schedule and 30 of
19 70, s. 3)

(2) Any person who without lawful excuse has in his possession
any seditious publication shall be guilty of an offence and shall be liable
for a first offence to a fine of $2,000 and to imprisonment for 1 year, and
for a subsequent offence to imprisonment for 2 years; and such
publication shall be forfeited to the Crown. (Aniended, 22 of 1950,
Schedule)

(3) Where any person has been convicted of an offence under
subsection (1) or (2) in respect of any seditious publication, the court
may order the seizure and forfeiture of any copies of the seditious
publication in the possession of

(a) the person convicted; or

(b)any other person named in the order. if the court is satisfied
by evidence on oath that the copies are in the possession of
the other person for the use of the person convicted. (60 of
1971, s. 19, incorporated)

(4) Any copies seized under subsection (3) shall be disposed of as
the court may direct; but no copies shall be destroyed until the





expiration of the period within which an appeal may be lodged or. if an
appeal is lodged, until the appeal has been finally determined or
abandoned. (60 of 1971, s. 19, incorporated)

(13 of 1938 s. 4, incorporated)

(5) In this section-

'seditious publication- means a publication having a seditious
intention;.

'seditious words' means words having a seditious intention.

(13 of 1938 s. 2, incorporated)

11. (1) No prosecution for an offence under section 10 shall be
begun except within 6 months after the offence is committed.

(2) No prosecution for an offence under section 10 shall be
instituted without the written consent of the Attorney General.

(13 of 1938 s. 5. incorporated)

12. No person shall be convicted for an offence under section 10
on the uncorroborated testimony of one witness.

(13 of 1938, s. 6, incorporated)

13. If a magistrate is satisfied by information on oath that there is
reasonable cause to believe that an offence under section 10 has been
or is about to be committed he may grant a search warrant authorizing
any police officer to enter any premises or place named in the warrant,
with such assistance as may be necessary, and if necessary by force,
and to search the premises or place and every person found therein, and
to seize anything found on the premises or place which the officer has
reasonable ground for suspecting to be evidence of an offence under
section 10.

(13 of 1938, s. 7, incorporated)

14. (1) Any police officer or public officer may-

(a) enter any premises or place;

(b) stop and board any vehicle, tramcar. train or vessel,

and remove therefrom or obliterate any seditious publication.

(2) Any police officer or public officer may-

(a)break open any outer or inner door of any premises or place
which he is empowered by this section to enter:

(b)remove by force any person or thing obstructing any removal
or obliteration which he is empowered by this section to
make;

(c)detain any vehicle, tramcar, train or vessel until any seditious
publication has been removed or obliterated therefrom;

(d)remove any person from any vehicle, tramcar, train or vessel
while any seditious publication is removed or obliterated.





(3) Notwithstanding anything contained in subsection (1)(a), the
powers conferred thereby shall. if the seditious publication is not visible
from a public place. only be exercised

(a)with the prior permission of the occupier of the premises or
place.. or

(b)under and in accordance with a warrant issued by a magistrate
for such purpose.

(30 of 1970. s. 4, incorporated)

15. Any person who-

(a)administers, or is present at and consents to the administering
of, any oath or engagement in the nature of an oath, purporting
to bind the person who takes it to commit any offence
punishable with death: or

(b)takes any such oath or engagement, not being compelled to do
so.

shall be guilty of an offence and shall be liable on conviction upon
indictment to imprisonment for life.

16. Any person who-

(a)administers, or is present at and consents to the administering
of, any oath or engagement in the nature of an oath,
purporting to bind the person who takes it to act in any of the
following ways, that is to sav

(1) to engage in any mutinous or seditious enterprise;

(ii) to commit any offence not punishable with death;

(iii) to provoke a breach of the peace;

(iv) to be of any association or society. formed for the
purpose of doing any act mentioned in sub-paragraph (i), (11)
or (iii)..

(v) to obey the orders or commands of any committee or
body of men not lawfully constituted. or of any leader or
commander or other person not having authority by law for
that purpose;

(vi) not to inform or give evidence against any associate or
other person.

(vii) not to reveal or discover any unlawful association or
society or any illegal act done or to be done, or any illegal
oath or engagement that may have been administered or
tendered to or taken by himself or any other person. or the
import of any such oath or engagement: or

(b)takes any, such oath or engagement. not being compelled to
do so,

shall be guilty of an offence and shall be liable on conviction upon
indictment to imprisonment for 7 years.





/17. It shall be no defence to a charge under section 15 or 16 that the
person charged was compelled to take any, oath or engagement
mentioned therein, unless

(a) within 14 days after taking it, or

(b)if prevented by actual force or sickness. within 14 days after
the termination of such prevention.

the person charged declares-
(i) by information on oath before a magistrate, or

(ii)if he is on actual service in Her Majesty's forces, either by
such information or by informing his commanding officer.

of all he knows concerning the matter, including any person by whom
and in whose presence, and the place where. and the time when, the
oath or engagement was administered or taken.

18. (1) Any person who-

(a)without the permission of the Governor or the Commissioner
of Police, trains or drills any other person in the use of arms or
the practice of military exercises or evolutions: or

(b)is present at any meeting of persons. held without the
permission of the Governor or the Commissioner of Police for
the purpose of training or drilling any, other persons in the
use of arms or the practice of military exercises or evolutions.

shall be guilty of an offence and shall be liable on conviction upon
indictment to imprisonment for 7 years.

(2) Any person who-

(a)at any meeting mentioned in subsection (1) is trained or
drilled in the use of arms or the practice of military exercises or
evolutions; or

(b)is present at any such meeting for the purpose of being so
trained or drilled,

shall be guilty of an offence and shall be liable on conviction upon
indictment to imprisonment for 2 years.

PART Ill

PIRACY

119. Any person who with intent to commit or at the time of or
immediately before or immediately after committing the offence of piracy
in respect of any vessel

(a)assults with intent to murder any person on board of or
belonging to the vessel: or





(b) wounds any such person; or

(c)unlawfully does any act by which the life of any such
person may be endangered,

shall be guilty of an offence and on conviction upon indictment shall
be sentenced to death.

20. (1) A person commits a piratical act if-

(a)being a Commonwealth citizen, he commits any piracy or
robbery or any act of hostility or robbery against other
Commonwealth citizens on the sea under colour of any
commission from any foreign ruler or under pretence of
authority from any person whatever; or (Amended, 80 of
1982,s.2)

(b) being on board any British ship he-
(1) turns pirate, enemy or rebel, and piratically runs
away with the ship, or any boat, munitions or goods;
(ii) voluntarily yields up the ship. or any boat, muni-
tions or goods to any pirate;
(iii) brings any seducing message from any pirate,
enemy or rebel,
(iv) assaults the master of the ship in order to
prevent him from fighting in defence of his ship and goods,
(v) confines the master of the ship; or
(vi) makes or endeavours to make a revolt in the ship.

(2) Any person who commits a piratical act shall be guilty of
an offence and shall be liable on conviction upon indictment to
imprisonment for life.

21. Any person who knowingly-

(a) trades with any pirate;

(b)furnishes any pirate with any munitions or stores of any
kind;

(c)fits out any vessel with a design to trade with, supply or
correspond with any pirate; or

(d) conspires or corresponds with any pirate,
shall be guilty of an offence and shall be liable on conviction upon
indictment to imprisonment for 10 years.

22. (1) Any person who is found within Hong Kong on board
any vessel equipped for the purposes of piracy. shall be guilty of an
offence and shall be liable on conviction upon indictment to impri-
sonment for 3 years.

(2) It shall be a defence to a charge under subsection (1) if the
person charged proves-





(a) that he was not on board the vessel willingly., or

(b)that he did not know that the vessel was equipped for the
purposes of piracy.

23. (1) The Governor in Council may make regulations for all or any
of the following matters

(a) searching vessels and persons for the prevention of piracy;

(b)imposing such restrictions on the movements and actions of
vessels and persons as may seem to him desirable in order to
render such search effective; and

(e)such other measures as may seem to him desirable for the
prevention of piracy.

(2) Regulations made under this section may provide that a
contravention of specified provisions thereof shall be an offence, and
may prescribe penalties therefor not exceeding a fine of $5,000 and
imprisonment for 6 months.

PART IV

INTIMIDATION

24. Any person who threatens any other person-

(a)with any injury to the person, reputation or property of such
other person; or

(b)with any injury to the person. reputation or property of any
third person, or to the reputation or estate of any deceased
person; or

(c) with any illegal act,

with intent in any such case-

(i) to alarm the person so threatened or any other person; or

(ii)to cause the person so threatened or any other person to do
any act which he is not legally bound to do; or

(iii)to cause the person so threatened or any other person to omit
to do any act which he is legally entitled to do.

shall be guilty of an offence.

(13 of 1920, s. 2, incorporated)

25. Any person who beats or uses any violence or force to any
person with intent in any such case to cause such person or any other
person to do any act which he is not legally bound to do. or to omit to
do any act which he is legally entitled to do, shall be guilty of an
offence.

(5 of 1924, s. 18, incorporated)





26. It shall be no defence to a charge under section 24 to prove that
the threat was not addressed directly to the person whose person,
reputation or property was to be injured, or to the person (if any) against
whom the illegal act was to be committed, or to the person whom it was
intended to alarm, or to the person whose conduct was intended to be
affected, if the threat was made or published in some manner with the
intention that it should reach the person whom it was intended to alarm.
or (as the case may be) whose conduct was intended to be affected. and
that it did reach such person.

(13 of 1920, s. 3, incorporated. Amended, 5 of 1924, s. 18)

27. Any person who commits an offence against section 24 or 25
shall be liable on summary conviction to a fine of $2,000 and to
imprisonment for 2 years and shall be liable on conviction upon

indictment to imprisonment for 5 years.
(13 of 1920, s. 4, incorporated. Amended, 5 qf 1924, s. 18
and 22 of 1950, Schedule)

PART V
PERJURY
28. In this Part-

-judicial proceeding- includes a proceeding before any court. tribunal or
person having by law power to hear, receive and examine evidence
on oath.

(21 of 1922, s. 3(2), incorporated)

29. (1) Where a statement made for the purposes of a judicial
proceeding is not made before a court. tribunal or person having by law
power to hear, receive and examine evidence on oath but is made on
oath before a person authorized by law to administer an oath to the
person who makes the statement and to record or authenticate the
statement, it shall be deemed for the purposes of this Part to have been
made in a judicial proceeding.

(2) A statement made by a person lawfully sworn in Hong Kong for
the purposes of a judicial proceeding elsewhere shall be deemed for the
purposes of this Part to have been made in a judicial proceeding in
Hong Kong.

(45 qf 1967, s. 3, incorporated)

30. The question whether a statement on which any offence
against this Part is assigned was material is a question of law to be
determined by the court.

(45 of 1967, s. 3, incorporated)

31. If any person lawfully sworn as a witness or as an interpreter,
either generally or in a particular judicial proceeding, wilfully makes a
statement in any judicial proceeding which is material in





that proceeding and which he knows to be false or does not believe
to be true, he shall be guilty of perjury and shall be liable on
conviction upon indictment to imprisonment for 7 years and to a
fine.
(21 of 1922, s. 3, incorporated. Amended, 45 of 1967, s. 4)

32. If any person being required or authorized by law to make any
statement on oath for any purpose and being lawfully sworn (otherwise
than in a judicial proceeding) wilfully makes a statement which is
material for that purpose and which he knows to be false or does not
believe to be true, he shall be guilty of an offence and shall be liable on
conviction upon indictment to imprisonment for 7 years and to a fine.

(21 of 1922, s. 4, incorporated)

32A. If any person, in giving any testimony (either orally or in
writing) otherwise than on oath, where required to do so by an order
under section 76 of the Evidence Ordinance, makes a statement

(a) which he knows to be false in a material particular; or

(b)which is false in a material particular and which he does not
believe to be true.

he commits an offence and is liable on conviction on indictment to
imprisonment for 2 years and to a fine of $5,000.

(Added, 2 of 1977 s. 4)

33. Any person who in a written statement-

handed to the court under section 80C(I) of the Magis(a)

trates Ordinance; or-

(b)tendered in evidence under section 65B of the Criminal
Procedure Ordinance, or

wilfully makes a statement material to the proceedings which he knows
to be false or does not believe to be true, shall be guilty of an offence
and liable on conviction to imprisonment for 2 years and to a fine of
$10,000.

(Replaced, 48 of 1983, s. 6)

34. Any person who-

(a)for the purpose of procuring a marriage. or a certificate or
licence for marriage, knowingly and wilfully makes a false oath
or makes or signs a false declaration, notice or certificate
required under any enactment for the time being in force
relating to marriage; or

(b)knowingly and wilfully makes, or knowingly and wilfully
causes to be made, for the purpose of being inserted in any
register of marriage, a false statement as to any particular
required by law to be known and registered relating to any
marriage; or





(c)forbids the issue of any certificate or licence for marriage by
falsely representing himself to be a person whose consent to
the marriage is required by law knowing such representation to
be false; or

(d) knowingly and wilfully-

(i) makes a false statement in an application; or
(ii) furnishes false information,

for the purpose of or in connexion with the registration of a
customary marriage or a validated marriage under section 9 of
the Marriage Reform Ordinance, (Added, 87 of 1970,s.2)

shall be guilty of an offence and shall be liable on conviction upon
indictment to imprisonment for 7 years and to a fine.

(21 of 1922, s. 5, incorporated. Amended, 5 of 1924,
Schedule)

35. Any person who-

(a)wilfully makes any false answer to any question put to him by
any registrar of births or deaths relating to the particulars
required to be registered concerning any birth or death, or
wilfully gives to any such registrar any false information
concerning any birth or death or the cause of any death; or

(b)wilfully makes any false certificate or declaration under or for
the purposes of any enactment relating to the registration of
births or deaths, or knowing any such certificate or declaration
to be false, uses the same as true or gives or sends the same as
true to any person, or

(c)wilfully makes, gives or uses any false statement or declaration
as to a child born alive as having been still-born, or as to the
body of a deceased person or a still-born child in any coffin, or
falsely pretends that any child born alive was still-born; or

(d)makes any false statement with intent to have the same
inserted in any register of births or deaths,

shall be guilty of an offence and shall be liable-

(i)on conviction upon indictment to imprisonment for 7 years and
to a fine; and

(ii) on summary conviction to a fine of 5250.

(21 of 1922, s. 6, incorporated. Amended, 5 of 1924,
Schedule and 52 of 19 72, s. 2)

36. Any person who knowingly and wilfully makes (otherwise than
on oath) a statement false in a material particular, such statement being
made

(a) in a statutory declaration; or





(b)in an abstract, account, balance sheet, book, certificate,
declaration, entry, estimate, inventory, notice, report, return or
other document which he is authorized or required to make,
attest or verify, by any enactment for the time being in force; or

(e)in any oral declaration or oral answer which he is required to
make by, under or in pursuance of any enactment for the time
being in force,

shall be guilty of an offence and shall be liable on conviction upon
indictment to imprisonment for 2 years and to a fine.

(21 of 1922, s. 7, incorporated. Amended, 5 of 1924,
Schedule)

37. Any person who-

(a)procures or attempts to procure himself to be registered on any
register or roll kept under or in pursuance of any enactment for
the time being in force of persons qualified by law to practise
any vocation or calling; or

(b)procures or attempts to procure a certificate of the resignation
of any person on any such register or roll as aforesaid,

by wilfully making or producing or causing to be made or produced
either verbally or in writing any declaration, certificate or representation
which he knows to be false or fraudulent, shall be guilty of an offence
and shall be liable on conviction upon indictment to imprisonment for 12
months and to a fine.

(21 of 1922, s. 8, incorporated. Amended, 5 of 1924,
Schedule)

38. (1) Any person who aids, abets, counsels, procures or suborns
another person to commit an offence against this Part shall be liable to
be proceeded against, indicted, tried and punished as if he were a
principal offender.

(2) Any person who incites or attempts to procure or suborn
another person to commit an offence against this Part shall be guilty of
an offence punishable upon indictment.

(21 of 1922, s. 9, incorporated)

39. Where 2 or more contradictory statements of fact or alleged
fact, material to the issue or matter in question, have been wilfully made
on oath by one and the same witness in any judicial proceeding or
proceedings, whether before the same court or tribunal or person or not,
and whether the respective truth or falsehood of the said statements
can be ascertained or not, an indictment may be preferred against him
charging him with having wilfully made the said contradictory
statements, and on conviction thereof, either in whole or in part, such
witness shall be liable to imprisonment for 7 years and to a fine.

(21 of 1922, s. 10, incorporated)

40. Any person who wilfully uses for any purpose any affidavit
which he knows to be false or does not believe to be true, wherever





such affidavit may have been sworn, shall be guilty of an offence and
shall be liable on conviction upon indictment to imprisonment for 7
years and to a fine.

(21 of 1922, s. 11, incorporated. Amended, 5 of 1924,
Schedule)

41. (1) Where any judge or magistrate is of opinion that any person
has in the course of a proceeding before him been guilty of perjury, he
may order the prosecution of that person for such perjury in case there
appears to be reasonable cause for such prosecution, and may commit
him, or admit him to bail, to take his trial at the proper court, and may
require any person to enter into a recognizance to prosecute or give
evidence against the person whose prosecution is so ordered, and may
give the person so bound to prosecute a certificate of the making of the
order for the prosecution, for which certificate no charge shall be made.
(Amended, 33 of 1939, Supp. Schedule, G.N. 840140)

(2) An order made or a certificate given under this section shall not
be given in evidence for the purpose or in the course of any trial of a
prosecution resulting therefrom.

(21 of 1922, s. 12, incorporated)

42. (1) In an indictment-

(a)for making any false statement or false representation
punishable under this Part; or

(b)for unlawfully, wilfully, falsely, fraudulently, deceitfully,
maliciously or corruptly taking, making, signing or subscribing
any oath, affirmation, solemn declaration, statutory declaration,
affidavit, deposition, notice, certificate or other writing; or

(c)for wilfully making contradictory statements on oath in a
judicial proceeding or proceedings; or

(d) for wilfully using a false affidavit,

it is sufficient to set forth the substance of the offence charged and
before which court or person (if any) the offence was committed,
without setting forth the proceedings or any part of the proceedings in
the course of which the offence was committed, and without setting
forth the authority of any court or person before whom the offence was
committed.

(2) In an indictment for aiding, abetting, counselling, procuring or
suborning any other person to commit any offence mentioned in
subsection (1), or for conspiring with any other person, or for inciting or
attempting to procure or suborn any other person, to commit any such
offence, it is sufficient

(a)where such offence has been committed, to allege that offence
and then to allege that the defendant procured the commission
of that offence; and





(b)where such offence has not been committed, to set forth the
substance of the offence charged against the defendant
without setting forth any matter or thing which it is
unnecessary to aver in the case of an indictment for a false
statement or false representation punishable under this Part.

(21 of 1922, s. 13, incorporated)

43. A person shall not be liable to be convicted of any offence
against this Part, or of any offence declared by any other enactment to
be perjury or subornation of perjury or to be punishable as perjury or
subornation of perjury, solely upon the evidence of one witness as to
the falsity of any statement alleged to be false.

(21 of 1922, s. 14, incorporated)

44. A document purporting to be a copy of the record of any
proceedings before a court and purporting to be certified by an officer
having the custody of the records of that court as a true copy of that
record shall be admitted in evidence in proceedings for an offence
aginst section 31, 38 or 39 on its production by the prosecution without
further proof, and

(a)until the contrary is proved, the court before which such
document is produced shall presume

(i) that the document is certified by such officer;

(ii) that the document is a true copy of the record of those
proceedings; and

(iii) that the evidence taken in those proceedings and
recorded therein was duly taken; and

(b)such document shall be prima facie evidence of the evidence
taken in those proceedings and recorded therein and of all
other matters contained therein.

(21 of 1922, s. 15, incorporated. Replaced, 45 of 1967, s. 5)

45. For the purposes of this Part, the forms and ceremonies used in
administering an oath are immaterial, if the court or person before whom
the oath is taken has power to administer an oath for the purpose of
verifying the statement in question and if the oath has been
administered in a form and with ceremonies which the person taking the
oath has accepted without objection, or has declared to be binding on
him.

(21 of 1922, s. 16, incorporated)

46. (1) Where the making of a false statement is not only an offence
under this Part but also by virtue of some other enactment is a corrupt
practice or subjects the offender to any forfeiture or disqualification or
to any penalty other than imprisonment or fine, the liability of the
offender under this Part shall be in addition to and not in substitution
for his liability under such other enactment.





(2) Where the making of a false statement is made punishable by
any other enactment proceedings may be taken either under such other
enactment or under this Part.

(21 of 1922, s. 17, incorporated)

PART VI

INCEST

47. (1) Any man who has sexual intercourse with a woman, who is
to his knowledge his granddaughter, daughter, sister or mother, shall be
guilty of an offence and shall be liable on conviction upon indictment to
imprisonment for 7 years:

Provided that if, on an indictment for any such offence, it is alleged
in the indictment and proved that the woman is under the age of 13
years, the same punishment may be imposed as may be imposed under
section 123. (Amended, 5 of 1924, Schedule and 33 of 1939, Supp.
Schedule, G.N. 840140)

(2) It is immaterial that the sexual intercourse was had with the
consent of the woman.

(3) Any man who attempts to commit any such offence as
aforesaid, or who incites a girl under the age of 16 years, who is to his
knowledge his granddaughter, daughter or sister, to have sexual
intercourse with him, shall be guilty of an offence triable summarily or
upon indictment and shall be liable on conviction to imprisonment for 2
years. (Amended, 5 of 1924, Schedule and 22 of 1950, s. 3)

(4) On the conviction before any court of any man of an offence
under this section, or of an attempt to commit the same, against any
woman under 21 years of age, or of inciting a woman under that age,
who is to his knowledge his granddaughter, daughter or sister, to have
sexual intercourse with him, it shall be in the power of the court to divest
the offender of all authority over such female, and if the offender is the
guardian of such woman, to remove the offender from such
guardianship, and in any such case to appoint any person or persons to
be the guardian or guardians of such woman during her minority or any
less period:

Provided that the High Court may at any time vary or rescind the
order by the appointment of any other person as such guardian, or in
any otter respect.

(3 of 1916, s. 2, incorporated. Amended, 1 of 1978, s. 2)

48. Any woman of or above the age of 16 years who with consent
permits her grandfather, father, brother or son to have sexual intercourse
with her (knowing him to be her grandfather, father, brother or son, as
the case may be) shall be guilty of an offence and shall be liable on
conviction upon indictment to im

prisonment for 7 years.
(3 of 1916, s. 3, incorporated.Amended, 1 of 1978, s. 3)





49. (1) In this Part, 'brother' and 'sister' respectively include half-
brother and half-sister, and the provisions of this Part shall apply
whether the relationship between the person charged with an offence
under this Part and the person with whom the offence is alleged to have
been committed is or is not traced through lawful wedlock. (3 of 1916, s.
4, incorporated. Amended, 5 of 19243,s. 13)

(2) The use in any provision of this Part of the word 'man' without
the addition of the word 'boy' shall not prevent the. provision applying
to any person to whom it would have applied if both words had been
used, and similarly with the words 'woman' and 'girl'. (Added, 1 of
1978, s. 4)

50. (1) If on the trial of any indictment for rape the jury are satisfied
that the defendant is guilty of an offence under this Part but are not
satisfied that the defendant is guilty of rape, the jury may acquit the
defendant of rape and find him guilty of an offence under this Part, and
he shall be liable to be punished accordingly.

(2) If on the trial of any indictment for an offence under this Part the
jury are satisfied that the defendant is guilty of any offence under
section 123, 124 or 125, but are not satisfied that the defendant is guilty
of an offence under this Part, the jury may acquit the defendant of an
offence under this Part and find him guilty of an offence under section
123, 124 or 125. as the case may be, and he shall be liable to be punished
accordingly. (Amended, 5 of 1924, Schedule and 1 of 1978, s. 5)

(3 of 1916, s. 5, incorporated)

51. No prosecution for an offence under this Part shall be instituted
without the consent of the Attorney General.

(3 of 1916, s. 7, incorporated. Amended, 33 of 1939, Supp.
Schedule, G.N. 840140)

PART VII

EXPLOSIVE SUBSTANCES

52. In this Part

'explosive substance' shall be deemed to include any materials for
making any explosive substance; also any apparatus, machine,
implement or materials used, or intended to be used, or adapted for
causing, or aiding in causing, any explosion in or with any
explosive substance; also any part of any such apparatus, machine
or implement.

(23 of 1913, s. 2, incorporated. Amended, 5 of 1924, s. 13)

53. Any person who unlawfully and maliciously causes by any
explosive substance an explosion of a nature likely to endanger life or to
cause serious injury to property shall, whether any injury to person or
property has been actually caused or not, be guilty of an





offence and shall be liable on conviction upon indictment to
imprisonment for life.

(23 of 1913, s. 3, incorporated. Amended 5 of 1924,
Schedule)

54. Any person who unlawfully and maliciously-

(a)does any act with intent to cause by an explosive substance,
or conspires to cause by an explosive substance, an explosion
of a nature likely to endanger life or to cause serious injury to
property; or

(b)makes or has in his possession or under his control any
explosive substance with intent by means thereof to endanger
life or cause serious injury to property, or to enable any other
person by means thereof to endanger life or cause serious
injury to property,

shall whether any explosion does or does not take place and whether
any injury to person or property has been actually caused or not, be
guilty of an offence and shall be liable on conviction upon indictment to
imprisonment for 20 years, and the explosive substance shall be
forfeited.

(23 of 1913, s. 4, incorporated)

55. (1) Any person who makes an explosive substance or, whether
or not he knows it to be an explosive substance, knowingly has in his
possession or custody or under his control anything which is an
explosive substance shall. unless he can show that he made it or has it
in his possession or custody or under his control for a lawful object, be
guilty of an offence and shall be liable on conviction upon indictment to
imprisonment for 14 years, and the explosive substance shall be
forfeited.

(2) Where in any prosecution for an offence under subsection (1) it
is proved that the accused knowingly had in his possession or custody
or under his control anything whatsoever, other than premises,
containing any explosive substance, then, unless the accused can show
that he had reasonable grounds for believing that the thing did not
contain anything or contained only something other than an explosive
substance, he shall be presumed knowingly to have had in his
possession or custody or under his control the explosive substance
contained in that thing.

(3) No prosecution for an offence under subsection (1) shall be
instituted without the consent of the Attorney General.

(23 of 1913, s. 5, incorporated. Replaced, 1 of 1966, s. 2)

56. Any person who by the supply of or solicitation for money, the
providing of premises, the supply of materials or in any manner
whatsoever procures, counsels, aids, abets, or is accessory to, the
commission of any offence under this Part, shall be guilty of an offence
and shall be liable to be tried and punished for that offence as if he had
been guilty as a principal.

(23 of 1913, s. 6, incorporated)





57. In addition and without prejudice to any powers that a court or
magistrate may possess to order the exclusion of the public from any
proceedings if, in the course of proceedings, including proceedings on
appeal, before a court or magistrate in respect of an offence under this
Part, application is made by the prosecution, on the ground that the
publication of any evidence to be given or of any statement to be made
in the course of the proceedings would be prejudicial to the public
safety, that all or any portion of the public shall be excluded during any
part of the hearing, the court or magistrate may make an order to that
effect, but the passing of sentence shall in any case take place in public.

(1 of 1966, s. 3, incorporated)

58. This Part shall not exempt any person from any indictment or
proceeding for any offence which is punishable at common law 'Or by
Ordinance other than this Part, but no person shall be punished twice
for the same criminal act.

(23 of 1913, s. 7, incorporated

PART VIII

CRIMINAL DAMAGE TO PROPERTY

59. (1) In this Part, 'property' means property of a tangible nature,
whether real or personal, including money and

(a)including wild creatures which have been tamed or are
ordinarily kept in captivity, and any other wild creatures or
their carcasses if, but only if, they have been reduced into
possession which has not been lost or abandoned or are in
the course of being reduced into possession; but

(b)not including mushrooms growing wild on any land or
flowers, fruit or foliage of a plant growing wild on any land.

In this subsection, 'mushroom' includes any fungus and 'plant'
includes any shrub or tree.

(2) Property shall be treated for the purposes of this Part as
belonging to any person

(a) having the custody or control of it;

(b)having in it any proprietary right or interest (not being an
equitable interest arising only from an agreement to transfer or
grant an interest); or

(c) having a charge on it.

(3) Where property is subject to a trust, the persons to whom it
belongs shall be so treated as including any person having a right to
enforce the trust.





(4) Property of a corporation sole shall be so treated as belonging
to the corporation notwithstanding a vacancy in the corporation.

(Added, 48 of 1972, s. 3)

60. (1) A person who without lawful excuse destroys or damages
any property belonging to another intending to destroy or damage any
such property or being reckless as to whether any such property would
be destroyed or damaged shall be guilty of an offence.

(2) A person who without lawful excuse destroys or damages any
property, whether belonging to himself or another

(a)intending to destroy or damage any property or being reckless
as to whether any property would be destroyed or damaged;
and

(b)intending by the destruction or damage to endanger the life of
another or being reckless as to whether the life of another
would be thereby endangered,

shall be guilty of an offence.

(3) An offence committed under this section by destroying or
damaging property by fire shall be charged as arson.

(Added, 48 qf 1972, s. 3)

61. A person who without lawful excuse makes to another a threat,
intending that that other would fear it would be carried out,

(a)to destroy or damage any property belonging to that other or
a third person; or

(b)to destroy or damage his own property in a way which he
knows is likely to endanger the life of that other or a third
person,

shall be guilty of an offence.

(Added, 48 of 1972, s. 3)

62. A person who has anything in his custody or under his control
intending without lawful excuse to use it or cause or permit another to
use it

(a)to destroy or damage any property belonging to some other
person; or

(b)to destroy or damage his own or the user's property in a way
which he knows is likely to endanger the life of some other
person,

shall be guilty of an offence.

(Added, 48 of 1972, s. 3)

63. (1) A person guilty of arson under section 60 or of an offence
under section 60(2) (whether arson or not) shall be liable on conviction
upon indictment to imprisonment for life.





(2) A person guilty of any other offence under this Part shall
be liable on conviction upon indictment to imprisonment for 10
years.
(Added, 48 of 1972, s. 3)

64. (1) This section applies to any offence under section 60(1)
and any offence under section 61 or 62 other than one involving a
threat by the person charged to destroy or damage property in a way
which he knows is likely to endanger the life of another or involving
an intent by the person charged to use or cause or permit the use of
something in his custody or under his control so to destroy or
damage property.
(2) A person charged with an offence to which this section
applies shall, whether or not he would be treated for the purposes of
this Part as having a lawful excuse apart from this subsection, be
treated for those purposes as having a lawful excuse-
(a)if at the time of the act or acts alleged to constitute the
offence he believed that the person or persons whom he
believed to be entitled to consent to the destruction of or
damage to the property in question had so consented, or
would have so consented to it if he or they had known of
the destruction or damage and its circumstances; or
(b)if he destroyed or damaged or threatened to destroy or
damage the property in question or, in the case of a charge
of an offence under section 62, intended to use or cause or
permit the use of something to destroy or damage it, in
order to protect property belonging to himself or another
or a right or interest in property which was or which he
believed to be vested in himself or another, and at the time
of the act or acts alleged to constitute the offence he
believed-
(i) that the property, right or interest was in immediate
need of protection; and
(ii) that the means of protection adopted or proposed
to be adopted were or would be reasonable having regard
to all the circumstances.
(3) For the purpose of this section, it is immaterial whether a
belief is justified or not if it is honestly held.
(4) For the purposes of subsection (2), a right or interest in
property includes any right or privilege in or over land, whether
created by grant, licence or otherwise.
(5) This section shall not be construed as casting doubt on any
defence recognized by law as a defence to criminal charges.
(Added, 48 of 1972, s. 3)

65. (1) If it is made to appear by information on oath before a
magistrate that there is reasonable cause to believe that any person
has in his custody or under his control or on his premises anything
which there is reasonable cause to believe has been used or is
intended for use without lawful excuse-





(a) to destroy or damage property belonging to another; or

(b)to destroy or damage any property in a way likely to
endanger the life of another,

the magistrate may grant a warrant authorizing a police officer not
below the rank of inspector, together with any other police officers,
to search for and seize that thing.

(2) Any police officer who is authorized under this section to
search premises for anything, may enter (if need be by force) and
search the premises accordingly and may seize anything which he
believes to have been used or to be intended to be used as aforesaid.

(3) Section 102 of the Criminal Procedure Ordinance (which
makes provision for the disposal of property connected with
offences) shall apply to property which has come into the possession
of the police under this section as it applies to property which has
come into the possession of the police in the circumstances
mentioned in that section.
(Added, 48 of 1972, s. 3)

66. A person shall not be excused, by reason that to do so may
incriminate that person or the wife or husband of that person of an
offence under this Part-

(a)from answering any question put to that person in pro-
ceedings for the recovery or administration of any pro-
perty, for the execution of any trust or for an account of
any property or dealings with property; or

(b)from complying with any order made in any such
proceedings,

but no statement or admission made by a person in answering a
question put or complying with an order made as aforesaid shall, in
proceedings for an offence under this Part, be admissible in evidence
against that person or (unless they married after the making of the
statement or admission) against the wife or husband of that person.
(Added, 48 of 1972, s. 3)

67. The common law offence of arson is abolished.
.(48 of 1972, s. 4(3), incorporated)

PART IX

FORGERY

68. In this Part-

'bank note' includes any note or bill of exchange of the Bank of
England or Bank of Ireland, or of any other person, body
corporate or company carrying on the business of banking in
any part of the world, and includes bank bill, bank post bill.,





blank bank note, blank bank bill of exchange and blank bank post
bill. Currency notes issued by or on behalf of the Government of
the United Kingdom or of any country outside the United Kingdom
shall be deemed to be bank notes within the meaning of this Part;
(Amended, 33 of 1939, Supp. Schedule, G.N. 840140)

'currency notes' includes any notes (by whatever name called) which
are legal tender in the country in which they are issued; (Added, 33
of 1939, Supp. Schedule, G.N. 840140)

'die' includes any plate, type, tool, chop or implement whatsoever, and
also any part of any die, plate, type, tool, chop or implement, and
any stamp or impression thereof or any part of such stamp or
impression;

-document of title to goods' includes any bill of lading, India warrant,
dock warrant, godown warrant. warehouse keeper's certificate,
warrant or order for the delivery or transfer of any goods or
valuable thing, bought or sold note, or any other document used in
the ordinary course of business as proof of the possession or
control of goods, or authorizing or purporting to authorize either by
indorsement or by delivery the possessor of such document to
transfer or receive any goods thereby represented or therein
mentioned or referred to;

'document of title to lands' includes any deed, map, roll, register or
instrument in writing being or containing evidence of the title or
any part of the title to any land or to any interest in or arising out
of any land. or any authenticated copy thereof,

'revenue paper' means any paper provided by the proper authority for
the purpose of being used for stamps. licences, permits. post office
money orders or postal orders, or for any purpose whatever
connected with the public revenue;

'seal' includes any stamp or impression of a seal or any stamp or
impression made or apparently intended to resemble the stamp or
impression of a seal, as well as the seal itself,

',stamp' includes a stamp impressed by means of a die as well as an
adhesive stamp;

'valuable security' includes any writing entitling or evidencing the title
of any person to any share or interest in any public stock, annuity,
fund or debt of any part of Her Majesty's dominions or of any
foreign state, or in any stock, annuity, fund or debt of any body
corporate, company or society, whether within or without Her
Majesty's dominions, or to any deposit in any bank, and also
includes any scrip, debenture, bill, note, warrant, order or other
security for the payment of money or any authority or request for
the payment of money or for the delivery or transfer of goods or
chattels, or any accountable receipt, release or discharge, or any
receipt or other instrument evidencing the payment of money or the
delivery of any chattel personal. (Amended, 21 of 1964, s. 2)

(II of 1922, s. 2, incorporated)





69. (1) 'For the purposes of this Part, forgery is the making of a false
document in order that it may be used as genuine, and in the case of the
seals and dies mentioned in this Part the counterfeiting of a seal or die,
and forgery with intent to defraud or deceive, as the case may be, is
punishable as in this Part provided.

(2) A document is false within the meaning of this Part if the whole
or any material part thereof purports to be made by or on behalf or on
account of a person who did not make it nor authorize its making; or if,
though made by or on behalf or on account of the person by whom or
by whose authority it purports to have been made, the time or place of
making, where either is material, or in the case of a document identified
by number or mark, the number or any distinguishing mark identifying
the document, is falsely stated therein; and in particular a document is
false

(a)if any material alteration, whether by addition, insertion,
obliteration, erasure, removal or otherwise, has been made
therein;

(b)if the whole or some material part of it purports to be made by
or on behalf of a fictitious or deceased person;

(c)if, though made in the name of an existing person, it is made by
him or by his authority with the intention that it should pass as
having been made by some person, real or fictitious, other than
the person who made or authorized it.

(3) For the purpose of this Part-

(a)it is immaterial in what language a document is expressed or in
what place within or without Her Majesty's dominions it is
expressed to take effect;

(b)forgery of a document may be complete even if the document
when forged is incomplete, or is not or does not purport to be
such a document as would be binding or sufficient in law; and

(c)the crossing on any cheque, draft on a banker, post office
money order, postal order, coupon or other document the
crossing of which is authorized or recognized by law, shall be a
material part of such cheque, draft, order, coupon or document.

(4) A document may be a false document for the purpose of this
Part notwithstanding that it is not false in any such manner as is
described in subsection (2). (Added, 21 of 1964, s. 3)

(11 of 1922, s. 3, incorporated)

70. (1) Forgery of the following documents, if committed with intent
to defraud, shall be an offence and punishable upon indictment with
imprisonment for life

(a)any will, codicil or other testamentary document, either of a
dead or of a living person, or any probate or letters of
administration, whether with or without the will annexed;





(b)any deed or bond, or any assignment at law or in equity of
any deed or bond, or any attestation of the execution of
any deed or bond;

(c)any bank note, or any indorsement on or assignment of
any bank note.

(2) Forgery of the following documents, if committed with
intent to defraud, shall be an offence and punishable upon indict-
ment with imprisonment for 14 years-

(a)any valuable security or assignment thereof or indorse-
ment thereon, or where the valuable security is a bill of
exchange, any acceptance thereof,

(b)any document of title to lands or any assignment thereof or
indorsement thereon;

(c)any document of title to goods or any assignment thereof
or indorsement thereon;

(d)any power of attorney or other authority to transfer any
share or interest in any stock, annuity or public fund of the
United Kingdom or any part of Her Majesty's dominions
or of any foreign state or country or to transfer any share
or interest in the debt of any public body. company or
society, British or foreign, or in the capital stock of any
such company or society, or to receive any dividend or
money payable in respect of such share or interest or any
attestation of any such power of attorney or other
authority;

(e)any entry in any book or register which is evidence of the
title of any person to any share or interest hereinbefore
mentioned or to any dividend or interest payable in respect
thereof,

(f)any policy of insurance or any assignment thereof or
indorsement thereon;

(g) any charter party on any assignment thereof,

(h)any declaration, warrant, order, affidavit, affirmation, cer-
tificate or other document required or authorized to be
made by or for the purposes of the Government Annuities
Act, 1929, or by the National Debt Commissioners acting
under the authority of the said Act; (Amended, 33 of
1939, Supp. Schedule, G.N. 840,140)

(i)any certificate, certificate of valuation, sentence or decree
of condemnation or restitution, or any copy of such
sentence or decree, or any receipt required by the Slave
Trade Acts.
(11 of 1922, s. 4, incorporated)





71. (1) Forgery. committed with intent to defraud or deceive, shall
be an offence and punishable upon indictment with imprisonment for
life, if committed in respect of any document whatsoever having
thereupon or affixed thereto the stamp or impression of the Great Seal of
the United Kingdom, Her Majesty's Privy Seal, any privy signet of Her
Majesty, Her Majesty's Royal Sign Manual, any of Her Majesty's seals
appointed by the twenty-fourth Article of the Union between England
and Scotland to be kept, used and continued in Scotland. the Great Seal
of Northern Ireland, the Privy Seal of Northern Ireland or the public seal
of Hong Kong.

(2) Forgery of the following documents, if committed with intent to
defraud or deceive, shall be an offence and punishable upon indictment
with imprisonment for 14 years

(a)any register or record of births, baptisms, namings,
dedications, marriages, deaths, burials or cremations, which
now is or hereafter may be by law authorized or required to be
kept in Hong Kong, relating to any birth, baptism, naming.
dedication, marriage, death, burial or cremation, or any part of
any such register, or any certified copy of any such register or
of any part thereof,

(b)any copy of any register of baptisms, marriages, burials or
cremations, directed or required by law to be transmitted to
any registrar or other officer;

(c)any register of the birth. baptism, death, burial or cremation of
any person to be appointed a nominee under the provisions of
the Government Annuities Act, 1929, or any copy or
certificate of any such register, or the name of any witness to
any such certificate; (Aniended, 33 of 1939, Supp. Schedule,
G.N. 840140)

(d)any wrapper or label provided by or under the authority of the
Governor or the head of any department of the Government;
(Aniended, 67 of 1981, s. 2)

(e)an identity card, or any other document, issued under the
Registration of Persons Ordinance; (Added, 67 of 1981, s.2)

(f)a driving licence issued under the Road Traffic Ordinance. (A
Added 67 of 1981, s. 2)

(3) Forgery of the following documents, if committed with intent to
defraud or deceive, shall be an ofrence and punishable upon indictment
with imprisonment for 7 years

(a)any official document whatsoever of or belonging to any
court of justice, or made or issued by any judge, magistrate,
officer or clerk of any such court;

(b)any register or book kept under the provisions of any law in
or under the authority of any court of justice;

(c)any certificate, office copy or certified copy of any such
document, register or book or of any part thereof,





(d)any document which any magistrate is authorized or
required by law to make or issue,

(e)any document which any person authorized to administer
an oath under the Commissioners for Oaths Act 1889, is
authorized or required by law to make or issue;

any document made or issued by an officer of state or law
officer of the Crown, or any document upon which, by the
law or usage at the time in force, any court of justice or any
officer might act.,

(g)any document or copy of a document used or intended to
be used in evidence in any court of record. or any docu-
ment which is made evidence by law,

(h)any certificate required by any enactment for the celebra-
tion of marriage;

(i)any licence for the celebration of marriage which may be
given by law;

(j)any certificate, declaration or order under any enactment
relating to the registration of births or deaths;

(k)any register book, builder's certificate, surveyor's certifi-
cate, certificate of registry, declaration, bill of sale. instru-
ment of mortgage or certificate of mortgage or sale under
Part 1 of the Merchant Shipping Act 1894, or any entry or
indorsement required by the said Part of the said Act to be
made in or on any of those documents;

(1)any permit, certificate or similar document made or grant-
ed by or under the authority of the Governor or the head
of any department of the Government.
(11 of 1922, s. 5, incorporated)

72. (1) Forgery of any document, if committed with intent to
defraud, shall be an offence and punishable upon indictment with
imprisonment for 3 years.

(2) Forgery of any public document, if committed with intent
to defraud or deceive, shall be an offence and punishable upon
indictment with imprisonment for 3 years.
(11 of 1922, s. 6, incorporated)

73. (1) Forgery of the following seals, if committed with
intent to defraud or deceive, shall be an offence and punishable upon
indictment with imprisonment for life- (Amended, 25 of 1930,
s.4)

(a)the Great Seal of the United Kingdom, Her Majesty's
Privy Seal, any privy signet of Her Majesty, Her Majesty's
Royal Sign Manual, any of Her Majesty's seals appointed
by the twenty-fourth Article of the Union between
England and Scotland to be kept, used and continued in





Scotland, the Great Seal of Northern Ireland, the Privy Seal of
Northern Ireland or the public seal of Hong Kong.,

(b) the seal of any court of record.

(2) Forgery of the following seals, if committed with intent to
defraud or deceive, shall be an offence and punishable upon indictment
with imprisonment for 14 years

(a)the seal of any register office relating to births, baptisms,
marriages or deaths;

(b)the seal of or belonging to any office for the registry of deeds
or titles to lands.

(3) Forgery. committed with intent to defraud or deceive. shall be
an offence and punishable upon indictment with imprisonment for 7
years, if committed in respect of the seal of any court of justice other
than a court of record.

(4) Forgery of the following seals or dies. if committed with intent
to defraud or deceive, shall be an offence and punishable upon
indictment with imprisonment for 7 years

(a)any seal or die provided, made or used by or under the
authority of the Government of any part of Her Majesty's
dominions, the Government of any foreign country, or the
Governor or the head of any department of the Government of
Hong Kong: (Amended, 33 of' 1939, Supp. Schedule, G.N.
840, 40)

(b)any seal or die provided, made or used by any person. firm or
company for the purpose of the affairs of such person, firm or
company.

(11 of 1922, s. 7, incorporated)

74. (1) Any person who utters any forged document, seal or die
shall be guilty of an offence and on conviction thereof shall be liable to
the same punishment as if he himself had forged the document, seal or
die.

(2) A person utters a forged document, seal or die, who, knowing
the same to be forged, and with either of the intents necessary to
constitute the offence of forging the said document. seal or die, uses,
offers, publishes, delivers, disposes of, tenders in payment or in
exchange, exposes for sale or exchange, exchanges. tenders in evidence
or puts off the said forged document, seal or die.

(3) It is immaterial where the document, seal or die was forged.

(11 of 1922, s. 8, incorporated)

75. Any person who, with intent to defraud, demands. receives or
obtains, or causes or procures to be delivered, paid or transferred to any
person, or endeavours to receive or obtain or to cause or procure to be
delivered, paid or transferred to any person any money, security for
money or other property, real or personal





(a)under, upon or by virtue of any forged instrument whatsoever,
knowing the same to be forged; or (Amended, 33 of 1939,
Supp. Schedule, G.N. 840/40)

(b)under, upon or by virtue of any probate or letters of
administration, knowing the will, testament, codicil or
testamentary writing on which such probate or letters of
administration have been obtained to have been forged, or
knowing such probate or letters of administration to have been
obtained by any false oath, affirmation or affidavit,

shall be guilty of an offence and shall be liable on conviction upon
indictment to imprisonment for 14 years.

(11 of 1922, s. 9, incorporated. Amended, 33 of 1939, Supp.
Schedule, G.N. 840/40)

76. (1) Any person who without lawful authority or excuse
purchases or receives from any person, or has in his custody or
possession, a forged bank note, knowing the same to be forged, shall be
guilty of an offence and shall be liable on conviction upon indictment to
imprisonment for 14 years. (Amended, 5 of 1924, Schedule; 11 of 1924,
s. 4 and 33 of 1939, Supp. Schedule, G.N. 840140)

(2) Any person who, without lawful authority or excuse and
knowing the same to be forged, has in his custody or possession any
forged seal or die the forgery of which with intent to defraud or deceive
is made punishable by section 73 shall be guilty of an offence and shall
be liable on conviction upon indictment to imprisonment for 7 years.
(Amended, 5 of 1924, Schedule)

(3) Any person who, without lawful authority or excuse and
knowing the same to be forged, has in his custody or possession any
forged document the possession of which is not made illegal under this
or any other enactment for the time being in force shall be guilty of an
offence and shall be liable on conviction upon indictment to
imprisonment for 3 years. (Added, 11 of 1924, s. 5)

(11 of 1922, s. 10, incorporated)

76A. (1) Any person who has in his custody or possession any
document, equipment or article fit and intended for use in the forgery of
any document or other thing commits an offence and is liable on
conviction on indictment to imprisonment for 14 years.

(2) In proceedings against any person for an offence under
subsection (1), where any document, equipment or article is proved to
have been at the time of such offence fit for use in the forgery of

(a)a travel document, as defined in section 2 of the Immigration
Ordinance, or any document issued under that Ordinance;

(b)an identity card, or any other document, issued under the
Registration of Persons Ordinance;





(c)a driving licence issued under the Road Traffic Ordinance. or

(d) a bank note.

it shall be presumed until the contrary is proved that the document,
equipment or article was at that time intended by him for such use.

(Added, 67 of 1981, s. 3)

77. Any person who without lawful authority or excuse-

(Amended, 5 of 1924. Schedule)

(a)makes., uses or knowingly has in his custody or possession
any paper intended to resemble and pass as

(i) special paper such as is provided and used for making
any bank note; (Amended, 33 of 1939, Supp. Schedule, G.N.
840/40)

(ii) revenue paper;

(b)makes, uses or knowingly has in his custody or possession
any frame, mould or instrument for making such paper, or for
producing in or on such paper any, words, figures. letters.
marks. lines or devices peculiar to and used in or on any such
paper;

(c)engraves or in anywise makes upon any plate. wood. stone or
other material any words. figures. letters. marks. lines or
devices. the print whereof resembles in whole or in part any
words, figures, letters. marks, lines or devices peculiar to and
used in or on any bank note. or in or on any document entitling
or evidencing the title of any person to any share or interest in
any public stock. annuity, fund or debt of any part of Her
Majesty's dominions or of any foreign state, or in any stock,
annuity, fund or debt of any body corporate, company or
society, whether within or without Her Majesty's dominions;
(Amended, 33 of 1939, Supp. Schedule, G.N. 840/40)

(d)uses or knowingly has in his custody or possession any plate.
wood, stone or other material upon which any such words.
figures. letters, marks, lines or devices have been engraved or
in anywise made as aforesaid; or

(e)uses or knowingly, has in his custody or possession any paper
upon which any such words, figures. letters. marks. lines or
devices have been printed or in anywise made as aforesaid,

shall he guilty of an offence and shall be liable on conviction upon
indictment to imprisonment for 7 years.

11 of 1922, s. 11, incorporated i

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

(11 of 1922, s. 12, incorporated)





79. (1) On conviction of an offence punishable under section 72,
76(3) or 76A, the court or magistrate. instead of or in addition to any
other punishment which may be lawfully imposed, may fine the
offender. (Amended, 67 of 1981, s. 4)

(2) On conviction of any other offence punishable under this Part,
the court or magistrate, in addition to imposing a sentence of
imprisonment, may require the offender to enter into his own
recognizances, with or without sureties, for keeping the peace and being
of good behaviour.

(3) On conviction of an offence punishable under section 72, 76(3)
or 76A, the court or magistrate, instead of or in addition to any other
punishment which may lawfully be imposed for the offence, may require
the offender to enter into his own recognizances, with or without
sureties, for keeping the peace and being of good behaviour. (Amended,
67 of 1981, s. 4)

(4) No person shall be imprisoned under this section for more than
1 year for not finding sureties.

(11 of 1922 s. 13, incorporated)

if
80. Where the having any document, seal or die or other thing in
the custody or possession of any person is in this Part expressed to be
an offence. a person shall be deemed to have a document. seal or die or
other thing in his custody or possession if he

(a) has it in his personal custody or possession; or

(b)knowingly and wilfully has it in the actual custody or
possession of any other person, or in any building, lodging,
apartment, field or other place. whether open or enclosed. and
whether occupied by himself or not.

It is immaterial whether the document, matter or thing is had in such
custody, possession or place for the use of such person or for the use
or benefit of another person.

(11 of 1922, s. 14, incorporated. A mended, 6 7 of 198 1, s. 5)

81. (1) If it is made to appear by information on oath before a
magistrate that there is reasonable cause to believe that any person has
in his custody or possession without lawful authority or excuse

(a)any bank note; or (Amended, 11 of 1924, s. 7 and 33 of 1939,
Supp. Schedule, G.N. 840/40)

(b)any implement for making paper or imitation of the paper used
for bank notes; or (Amended, 11 of 1924, s. 7 and 33 of 1939,
Supp. Schedule, G.N. 840/ 40)

(e)any material having thereon any words, forms. devices or
characters capable of producing or intended to produce the
impression of a bank note; or (Amended, 11 of 1924, s. 7 and
33 of 1939, Supp. Schedule, G.N. 840.40)





(d) any forged document, seal or die; or

(e)any machinery. implement, utensil or material used or intended
to be used for the forgery of any document,

the magistrate may grant a warrant to search for the same, and if the
same is found on search, it shall be lawful to seize it and carry it before a
magistrate to be by him disposed of according to law. (Amended, 33 of
1939, Supp. Schedule, G.N. 840/40)

(2) Every document, seal or die lawfully seized under such warrant
shall be defaced and destroyed or otherwise disposed of

(a)by order of the court or magistrate before which or whom the
offender is tried; or

(b) if there be no trial., by order of a magistrate.

(3) Where any forged bank note. or any machinery, implement,
utensil or material used or intended to be used for the forgery of a bank
note. is lawfully seized under a warrant granted in pursuance of
subsection (1) or otherwise, the bank note. machinery, implement,
utensil or material, as the case may be, shall. notwithstanding anything
in subsection (2), be delivered up to the Financial Secretary or to any
person authorized by him for the purpose, by order of the court or
magistrate before which or whom the offender is tried or. if there be no
trial, by order of a magistrate. (Added 20 of 1936, s. 2. Amended, 33 of
1939 Supp. Schedule. G.N. 840 40)

(11 of 1922, s. 15,
incorporated)

82. (1) In an indictment or information for an offence against this
Part with reference to any document, seal or die, it is sufficient to refer to
the document. seal or die by any name or designation by which it is
usually known or by its purport. without setting out any copy or
facsimile of the whole or any part of the document, seal or die.

(2) Where an intent to defraud or an intent to deceive is one of the
constituent elements of an offence punishable under this Part, or under
any other enactment relating to forgery or any kindred offence for the
time being in force, it shall not be necessary to prove an intent to
defraud or deceive any particular person; and it shall be sufficient to
prove that the defendant did the act charged with intent to defraud or to
deceive, as the case may require.

(3) If any person who is a member of any co-partnership, or is one
of 2 or more beneficial owners of any property, forges any document,
matter or thing with intent to defraud the co-partnership or the other
beneficial owners, he is liable to be dealt with, indicted. tried and
punished as if he had not been or was not a member of the co-
partnership, nor one of such beneficial owners.

(11 of 1922, s. 16, incorporated

83. (1) Where an offence against this Part also by virtue of some
other enactment subjects the offender to any forfeiture or dis





qualification, or to any penalty other than imprisonment or fine. the
liability of the offender to punishment under this Part shall be in
addition to and not in substitution for his liability under such other
enactment.

(2) Where an offence against this Part is also an offence under the
terms of any other Ordinance, proceedings may be taken either under
such other Ordinance or under this Part.

(11 qf 1922, s. 17, incorporated)

PART X

FALSE CERTIFICATION AND
PERSONATION

84. 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 an
offence and shall be liable on conviction upon indictment to a fine of
55,000 and to imprisonment for 3 years.

(33 qf 1935, s. 4, incorporated. Amended, 22 of 1950,
Schedule)

85. 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 Hong Kong 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 falsifies any of the accounts of any such owners
in any of the said books; or

(e)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 an offence and shall be liable on conviction upon
indictment to imprisonment for life.

(33 qf 1935, s. 5,
incorporated)

86. Any person who, being a clerk or servant of, or other' person
employed or entrusted by, any bank in Hong Kong or any such body
corporate, company or society as is mentioned in section 85, 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
'arrant is made out is entitled, shall be guilty of an offence and shall be
liable on conviction upon indictment to imprisonment for 7 years.

(33 of 1935 s. 6, incorporated)

87. 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 an offence and shall be liable on conviction upon
indictment to imprisonment for 7 years.

(33 of 1935, s. 7, incorporated

88. Any person who---

(a)knowingly and unlawfully inserts or causes or permits to be
inserted in any register of births. baptisms. marriages. deaths or
burials which is by law authorized or required to be kept in the
Colony or in any certified copy thereof. any false entry of any
matter relating to any birth, baptism, marriage, death or burial,
or

(b)knowingly and unlawfully gives any false certificate relating to
any birth, baptism, marriage death or burial; or

(c)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

(d)offers, utters. disposes of or puts off any such register. entry.
certified copy or certificate. knowing the same to be false; or

(e)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 an offence and shall be liable on conviction upon
indictment to imprisonment for life.

(33 Qf' 1935, s. 8, incorporated. Amended, 48 of 1972,
Schedule)

89. 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

(e)for any fraudulent purpose takes from its place of deposit
or conceals any such copy of any register, (Amended, 48
of 1972, Schedule)

shall be guilty of an offence and shall be liable on conviction upon
indictment to imprisonment for life.
(33 of 1935, s. 9, incorporated)

90. Any person who, not being a member of the Customs and
Excise Service as defined in the Dutiable Commodities Ordinance,
takes or assumes the name, designation or character of such member
for the purpose of thereby obtaining admission into any house or
other place, or of doing or procuring to be done any act which he
would not be entitled to do or procure to be done of his own
authority, or for any other unlawful purpose, shall in addition to
any other punishment to which he may be liable for the offence, be
liable on summary conviction to imprisonment for 3 months.
(34 of 1935, s. 2, incorporated)

91. Any person who, without lawful authority or excuse, in the
name of any other person, acknowledges any recognizance. bail,
judgment, deed or other instrument, before any court, judge or other
person lawfully authorized in that behalf, shall be guilty of an
ofrence and shall be liable on conviction upon indictment to
imprisonment for 7 years.
(34 of 1935, s. 5, incorporated)

92. Where an intent to defraud is one of the constituent
elements of an offence punishable under this Part, 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.
(33 of 1935, s. 10 and 34 of 1935, s. 6, incorporated)

93. Any person who knowingly and wilfully aids, abets,
counsels, procures or commands the commission of an offence
punishable under this Part shall be liable to be dealt with, indicted,
tried and punished as a principal offender.
(33 of 1935, s. 11 and 34 of 1935, s. 7, incorporated)

94. (1) Whenever any person is convicted of an offence under
section 84, the court or magistrate, in addition to or in lieu of any of
the punishments authorized by this Part, 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 any other offences other than an offence under
section 90. 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 Part.

(3) No person shall be imprisoned under this section for more than
1 year for not finding sureties.

(33 of 1935, s. 12 and 34 qf 1935, s. 8, incorporated)

PART XI

COINAGE OFFENCES

95. (1) In this Part

-current gold and silver coin' includes any gold or silver coin, and
'copper coin' includes any coin of any metal or mixed metal (not
being a gold or silver coin) and -current coin- includes any coin
coined in any mint in Her Majesty's dominions or any such coin
lawfully current. by virtue of any proclamation or otherwise. in any
part of Her Majesty's dominions, whether within Hong Kong or
otherwise. or lawfully current in any foreign country:

false or counterfeit coin resembling, or apparently intended to resemble
or pass for, any current gold or silver coin- includes any of the
current coin which has 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 current coin of a
higher denomination. (Amended,50 of 1911, s. 4; 51 of 1911, Schedule;
5 of 1924, s. 13 and 20 of 1936, s. 3)

(2) Where the having any matter in the custody or possession of
any person is mentioned in this Part, it includes not only, the having of
it by himself in his personal custody or possession, but also the
knowingly and wilfully having it in the actual custody or possession of
any other person, and also the knowingly and wilfully having it in any
dwelling-house or other building, lodging, apartment, field, or other
place, open or enclosed, whether belonging to or occupied by himself or
not, and whether such matter is so had for his own use or benefit or for
that of any other person.

(10 of 1865, s. 1, incorporated)

Offences relating to gold and silver coin

96. Any person who falsely makes or counterfeits any coin
resembling, or apparently intended to resemble or pass for, any current
gold or silver coin shall be guilty of an offence and shall be liable on
conviction upon indictment to imprisonment for life.

(10of 1865,s. 2, incorporated. Amended, 30 of 1911 and 20 of 1936, s.
3)





97. Any person who-

(a)gilds or silvers, or, with any wash or materials capable of
producing the colour or appearance of gold or of silver or
by any means whatsoever, washes, cases over, or colours,
any coin whatsoever resembling, or apparently intended to
resemble or pass for, any current gold or silver coin; or

(b)gilds or silvers, or, with any wash or materials capable of
producing the colour or appearance of gold or of silver or
by any means whatsoever, washes, cases over, or colours,
any piece of silver or copper, or of coarse gold or coarse
silver, or of any metal or mixture of metals respectively,
being of a fit size and figure to be coined, and with intent
that the same shall be coined, into false and counterfeit
coin resembling, or apparently intended to resemble or
pass for, any current gold or silver coin; or

(c)gilds, or with any wash or materials capable of producing
the colour or appearance of gold or by any means what-
soever, washes, cases over, or colours, any current silver
coin, or files or in any manner alters such coin. with intent
to make the same resemble or pass for any current gold
coin; or

(d)gilds or silvers, or. with any wash or materials capable of
producing the colour or appearance of gold or of silver or
by any means whatsoever, washes, cases over, or colours,
any current copper coin, or files or in any manner alters
such coin, with intent to make the same resemble or pass
for any current gold or silver coin,

shall be guilty of an offence and shall be liable on conviction upon
indictment to imprisonment for life.
(10 of 1865, s. 3, incorporated. Amended, 30 qf 1911 and 20
of 1936, s. 3)

98. Any person who impairs, diminishes, or lightens any
current gold or silver coin, with intent that the coin so impaired,
diminished or lightened may pass for current gold or silver coin shall
be guilty of an offence and shall be liable on conviction upon
indictment to imprisonment for 14 years.
(20 of 1936, s. 3, incorporated)

99. Any person who, without lawful authority or excuse, buys,
sells, receives, pays, or puts off, or offers to buy, sell, receive, pay, or
put off, any false or counterfeit coin resembling, or apparently
intended to resemble or pass for, any current gold 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 an offence and shall be liable
on conviction upon indictment to imprisonment for life.
(10 of 1865, s. 6, incorporated. Amended, 30 of 1911; 50 of
1911, Schedule and 20 of 1936, s. 3)





100. Any person who, without lawful authority or excuse, imports or
receives into Hong Kong from beyond the seas, or from any part of
China, any false or counterfeit coin resembling, or apparently intended
to resemble or pass for, any current gold or silver coin. knowing the
same to be false or counterfeit, shall be guilty of an offence and shall be
liable on conviction upon indictment to imprisonment for 14 years.

(10 qf 1865, s. 7. incorporated. Amended 30 of 1911; 50 qf
1911, Schedule; 51 of 1911, Schedule; 5 of 1924 and 20 of
1936,s.3

101. Any person who, without lawful authority or excuse, exports or
puts on board any ship, vessel, or boat, for the purpose of being
exported from Hong Kong, any false or counterfeit coin resembling, or
apparently intended to resemble or pass for, any current coin. knowing
the same to be false or counterfeit. shall be guilty of an offence and shall
be liable on conviction upon indictment to imprisonment for 14 years.

(10 of 1865 s. 8, incorporated. Amended 30 of 1911; 50 ol'
1911, Schedule; 5 qf 1924 and 20 of 1936, s. 3)

102. Any person who tenders, utters, or puts off any false or
counterfeit coin resembling, or apparently intended to resemble or pass
for. any current gold or silver coin. knowing the same to be false or
counterfeit, shall be guilty of an offence and shall be liable on
conviction upon indictment to imprisonment for 3 years.

(10 of 1865, s. 9, incorporated. Amended 30 of 1911; 50 of
1911; 20 of 1936, s. 3 and 43 of] 936, s. 2)

103. Any person who tenders, utters, or puts off any false or
counterfeit coin resembling, or apparently intended to resemble or pass
for, any current gold or silver coin. knowing the same to be false or
counterfeit, and, at the time of such tendering, uttering, or putting off,
has 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
current gold or silver coin, or, either on the day of such tendering,
uttering, or putting off or within the space of 10 days then next ensuing.
tenders, utters, or puts off any false or counterfeit coin resembling, or
apparently intended to resemble or pass for, any current gold or silver
coin, knowing the same to be false or counterfeit, shall be guilty of an
offence and shall be liable on conviction upon indictment to
imprisonment for 4 years.

(10 qf 1865, s. 10, incorporated. Amended, 30 of 1911; 50 of
1911; 20 of 1936, s. 3 and 43 of 1936, s. 3)

104. Any person who has in his custody or possession 3 or more
pieces of false or counterfeit coin resembling, or apparently intended to
resemble or pass for. any current gold or silver coin, knowing the same
to be false or counterfeit, and with intent to utter or put off the





same or any of them, shall be guilty of an offence and shall be liable on
conviction upon indictment to imprisonment for 3 years.

(10 of 1865 s. 11, incorporated. Amended, 30 of 1911 51 of
1911 and 20 of 1936, s. 3)

105. Any person who, having been convicted of an offence under
section 96 to 104, 107 or 109, afterwards commits an offence under
section 102, 103 or 104 shall be guilty of an offence and shall be liable
on conviction upon indictment to imprisonment for life.

(10 of 1865, s. 12, incorporated. Amended, 30 of 1911; 50 of
1911, Schedule and 5 of 1924)

106. Any person who, with intent to defraud, tenders, utters, or puts
off as or for any current gold or silver coin any coin not being such
current gold or silver coin, or any medal or piece of metal or mixed
metals, resembling in size, figure, and colour the current coin as or for
which the same is so tendered, uttered, or put off, such coin, medal, or
piece of metal or mixed metals so tendered, uttered. or put off being of
less value than the current coin as or for which the same is so tendered,
uttered, or put off, shall be guilty of an offence and shall be liable on
conviction upon indictment to imprisonment for 3 years.

(10 of 1865, s. 13, incorporated. Amended, 30 of 1911 20 of
1936, s. 3 and 43 of 1936, s. 4)

Offences relating to copper coin
(Amended, 20 of 1936 s. 3)

107. Any person who

(a)falsely makes or counterfeits any coin resembling. or
apparently intended to resemble or pass for, any current
copper coin; or

(b)without lawful authority or excuse, knowingly makes or mends,
or begins or proceeds to make or mend, or buys or sells, or has
in his custody or possession any instrument, tool, or engine
adapted and intended for the counterfeiting any current copper
coin; or

(c)buys, sells, receives, pays, or puts off, or offers to buy. sell,
receive, pay, or put off, any false or counterfeit coin
resembling, or apparently intended to resemble or pass for, any
current copper coin. at or for a lower rate or value than the
same imports or was apparently intended to import; or

(d)without lawful authority or excuse, imports or receives into
Hong Kong from beyond the seas, or from any part of China,
any false or counterfeit coin resembling. or apparently intended
to resemble or pass for, any current copper coin, knowing the
same to be false or counterfeit, (6 of 1936, s. 3, incorporated)





shall be guilty of an ofrence and shall be liable on conviction upon
indictment to imprisonment for 7 years.

(10of 1865,s. 14, incorporated. Amended, 30 of 1911; 50 of
1911; 51 of 1911 and 20 of 1936, s, 3)

108. Any person who

(a)tenders, utters, or puts off any false or counterfeit coin
resembling, or apparently intended to resemble or pass for, any
current copper coin, knowing the same to be false or
counterfeit; or

(b)has in his custody or possession 3 or more pieces of false or
counterfeit coin resembling, or apparently intended to resemble
or pass for, any current copper coin, knowing the same to be
false or counterfeit, and with intent to utter or put off the same
or any of them,

shall be guilty of an offence and shall be liable on conviction upon
indictment to imprisonment for 3 years.

(10 of 1865, s. 15, incorporated. Amended, 30 of 1911; 51 of
1911; 20 of 1936, s. 3 and 43 of 1936, s. 5)

Miscellaneous

109. Any person who, without lawful authority or excuse

(a)knowingly makes or mends, or begins or proceeds to make or
mend, or buys or sells, or has in his custody or possession any
puncheon counter puncheon, matrix, stamp, die, pattern, or
mould, in or upon which there is or are made or impressed, or
which will make or impress, or which is adapted and intended to
make or impress the figure, stamp, or apparent resemblance of
both or either of the sides of any current gold or silver coin, or
any part or parts of both or either of such sides; or

(b)makes or mends, or begins or proceeds to make or mend, or
buys or sells, or has in his custody or possession any edger,
edging 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 coin as in this section aforesaid,
knowing the same to be so adapted and intended as aforesaid;
or

(c)makes or mends, or begins or proceeds to make or mend, or
buys or sells, or has in his custody or possession any press for
coinage, or any cutting engine for 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, knowing
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 is mentioned in this section,





shall be guilty of an offence and shall be liable on conviction upon
indictment to imprisonment for life.

(10 of 1865,s. 24, incorporated. Amended, 19 of 1911; 30 of
1911; 50 of 1911; 51 of 1911 and 20 of 1936, s. 3)

110. Where, on the trial of any person charged with any offence
against this Part, it is necessary to prove that any coin produced in
evidence against such person is false or counterfeit, it shall not be
necessary to prove the same to be false and counterfeit by the evidence
of any moneyer or other officer of the mint, but it shall be sufficient to
prove the same to be false or counterfeit by the evidence of any other
credible witness.

(10 of 1865, s. 28, incorporated)

111. Any 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, against the provisions of this Part 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, may not be in a fit state
to be uttered or the counterfeiting thereof may not be finished or
perfected.

(10 of 1865, s. 29, incorporated)

112. (1) Whenever it appears to any justice of the peace, upon the
oath of any person, that there is reasonable cause to suspect that any
person has been concerned in counterfeiting current gold, silver, or
copper coin or has in his custody or possession or under his control, in
any building, vessel, or place, any such false or counterfeit coin, or any
instrument, 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, such
justice of the peace may, by his warrant directed to any police officer,
empower such officer, by day or by night

(a)to enter, and, if necessary, to break into, such building, vessel,
or place, and therein to search for and seize any such false or
counterfeit coin and such instrument, tool, or engine, and any
such machine as aforesaid; and

(b)to arrest any person, being in such building, vessel, or place,
who appears to have such coin, instrument, tool, engine, or
machine in his custody or possession or under his control, and
to bring any such person before a magistrate to be dealt with
according to law.

(2) All such false and counterfeit coin, and all instruments, tools,
and engines adapted and intended for the making or counterfeiting of
coin, and all such machines as aforesaid shall, after they have been so
seized, be carried before a magistrate, who shall have power, whether
any person is charged with or convicted of any





offence or not, to order the forfeiture of such coin, instruments, tools,
engines, and machines as aforesaid and the delivery of the same either
to the Director of Accounting Services or to any person authorized by
him in writing to receive the same. (Amended, 51 of 1911, Schedule)

(10 of 1896, s. 3, incorporated. Amended, 50 of 1911 and 20
of 1936, s. 3)

113. (1) In the case of an offence against section 96 to 101, 105, 107
or 109, any principal in the second degree, and any accessory before the
fact, shall be punishable in the same manner as the principal in the first
degree.

(2) Any accessory after the fact to an offence against section 96 to
101, 105, 107 or 109 shall be liable on conviction to imprisonment for 2
years.

(10 of 1865, s. 33, incorporated)

114. (1) No piece of metal or mixed metals, not being money, shall be
made, issued or circulated in Hong Kong as a token for money, or as
purporting that the bearer or holder thereof is entitled to demand any
value denoted thereon, either by letters, words, figures, marks or
otherwise, whether such value is to be paid or given in money, goods,
fares or services, or in any manner whatsoever.

(2) Any person who acts in contravention of subsection (1) shall
be liable on summary conviction to a fine of 5200.

(26 of 1935, ss. 2 and 3, incorporated)

115. Where any person, having been convicted of any offence
against this Part other than an offence under section 114, is afterwards
indicted for any offence against this Part committed subsequent to such
conviction, and on his trial for such subsequent offence gives evidence
of his good character, it shall be lawful for the prosecutor, in answer
thereto, to give evidence of the conviction of such person for the
previous offence, before any verdict is returned, and the jury shall
inquire concerning such previous conviction at the same time that they
inquire concerning such subsequent offence.

(10 of 1865, s. 34, incorporated. Amended, 50 of 1911 and
27 of 1937, Schedule)

116. (1) Whenever any person is convicted of any offence under
section 102, 103, 104, 106 or 108. the court may, in addition to or in lieu
of any of the punishments authorized by this Part, fine the offender, and
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 the case of any other offence other than an offence under
section 114 punishable under this Part the court 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 punishment
authorized by this Part.





(3) No person shall be imprisoned under this section for more than
1 year for not finding sureties. (Amended, 5 of 1924, s. 14)

(10 of 1865, s. 35, incorporated)

PART XII

SEXUAL AND RELATED OFFENCES

Interpretation

117. (1) In this Part, unless the context otherwise requires-

defective' means a person suffering from a state of arrested or
incomplete development of mind which includes subnormality of
intelligence and is of such a nature or degree that that person is
incapable of living an independent life or guarding himself against
serious exploitation, or will be so incapable when of an age to do
so;
'owner' in relation to any premises means any person holding the premises
direct from the Crown, whether under lease, licence or otherwise,
any mortgagee in possession and any person receiving the rent of
the premises, solely or with another and on his behalf or that of any
person, or who would receive the same if such premises were let to
a tenant, and. where such owner as above defined cannot be found
or ascertained. or is absent from Hong Kong or is under disability,
also includes the agent of such owner;

'rape offence' means any of the following, namely, rape, attempted rape,
aiding, abetting, counselling or procuring rape or attempted rape,
and incitement to rape. (Added, 25 of 1978, s.2)

(2) The use in any provision of this Part of the word 'man' without
the addition of the word 'boy', or vice versa, shall not prevent the
provision applying to any person to whom it would have applied if both
words had been used, and similarly with the words 'woman' and 'girl'.

(3) Premises, vessel or any place shall not be treated as a vice
establishment for the purposes of this Part unless

(a)the premises, vessel or place are or is used wholly or mainly by
2 or more women for the purposes of prostitution; or

(b)the premises, vessel or place are or is used wholly or mainly for
or in connexion with the organizing or arranging of
prostitution.

(Added, 1 of 1978, s. 6)

Sexual offences

118. (1) A man who rapes a woman shall be guilty of an offence and
shall be liable on conviction on indictment to imprisonment for life.





(2) A man who induces a married woman to have sexual
intercourse with him by impersonating her husband commits rape.

(3) A man commits rape if-

(a) he has unlawful sexual intercourse with a woman who at
the time of the intercourse does not consent to it; and

(b)at that time he knows that she does not consent to the
intercourse or he is reckless as to whether she consents to it.
(Added, 25 of 1978, s. 3)

(4) It is hereby declared that if at a trial for a rape offence the jury
has to consider whether a man believed that a woman was consenting to
sexual intercourse, the presence or absence of reasonable grounds for
such a belief is a matter to which the jury is to have regard, in
conjunction with any other relevant matters, in considering whether he
so believed. (Added, 25 of 1978, s. 3)

(5) In relation to such a trial as is mentioned in subsection (4) which
is a trial in the District Court or a summary trial before a magistrate or in a
juvenile court, references to the jury in that subsection shall be
construed as references to the District Court, the magistrate or the
juvenile court, as the case may be. (Added, 25 of 1978,s.3)

(Added, 1 of 1978, s. 6)

119. (1) A person who procures a woman, by threats or intimidation,
to have unlawful sexual intercourse in Hong Kong or elsewhere shall be
guilty of an offence and shall be liable on conviction on indictment to
imprisonment for 14 years.

(2) A person shall not be convicted of an offence under this
section on the evidence of one witness only, unless the witness is
corroborated in some material particular by evidence implicating the
accused.

(Added, 1 of 1978, s. 6)

120. (1) A person who procures a woman, by false pretences or false
representations, to have unlawful sexual intercourse in Hong Kong or
elsewhere shall be guilty of an offence and shall be liable on conviction
on indictment to imprisonment for 5 years.

(2) For the purposes of subsection (1), 'pretence' or
'representation' includes a pretence or representation relating to the
past, the present or the future and any pretence or representation as to
the intention of the person using the pretence or representation or any
other person.

(3) A person shall not be convicted of an offence under this
section on the evidence of one witness only, unless the witness is
corroborated in some material particular by evidence implicating the
accused.

(Added, 1 of 1978, s. 6)





121. (1) A person who applies or administers to, or causes to
be taken by, a woman any drug, matter or thing with intent to stupe-
fy or overpower her so as thereby to enable any man to have unlaw-
ful sexual intercourse with her shall be guilty of an offence and shall
be liable on conviction on indictment to imprisonment for 14 years.

(2) A person shall not be convicted of an offence under this
section on the evidence of one witness only, unless the witness is
corroborated in some material particular by evidence implicating
the accused.
(Added, 1 of 1978, s. 6)

122. (1) Subject to subsection (3), a person who indecently
assaults a woman shall be guilty of an offence and shall be liable on
conviction on indictment to imprisonment for 5 years.

(2) A girl under the age of 16 cannot in law give any consent
which would prevent an act being an assault for the purposes of this
section.

(3) Where a marriage is invalid under section 27(2) of the
Marriage Ordinance by reason of the wife being under the age of 16,
the invalidity shall not make the husband guilty of any offence under
this section by reason of her incapacity to consent while under that
age, if he believes her to be his wife and has reasonable cause for the
belief.

(4) A woman who is a defective cannot in law give any consent
which would prevent an act being an assault for the purposes of this
section, but a person is only to be treated as guilty of indecently
assaulting a defective by reason of that incapacity to consent, if that
person knew or had reason to suspect her to be a defective.
(Added, 1 of 1978, s. 6)

123. A man who has unlawful sexual intercourse with a girl
under the age of 13 shall be guilty of an offence and shall be liable on
conviction on indictment to imprisonment for life.
(Added, 1 of 1978, s. 6)

124. (1) Subject to subsection (2), a man who has unlawful
sexual intercourse with a girl under the age of 16 shall be guilty of an
offence and shall be liable on conviction on indictment to imprison-
ment for 5 years.

(2) Where a marriage is invalid under section 27(2) of the
Marriage Ordinance by reason of the wife being under the age of 16,
the invalidity shall not make the husband guilty of an offence under
this section because he has sexual intercourse with her, if he believes
her to be his wife and has reasonable cause for the belief.
(Added, 1 of 1978, s. 6)

125. (1) Subject to subsection (2), a man who has unlawful
sexual intercourse with a woman who is a defective shall be guilty
of an offence and shall be liable on conviction to imprisonment
for 5 years.





(2) A man is not guilty of an offence under this section because he
has unlawful sexual intercourse with a woman if he does not know and
has no reason to suspect her to be a defective.

(Added, 1 of 1978, s. 6)

126. (1) A person who, without lawful authority or excuse, takes an
unmarried girl under the age of 16 out of the possession of her parent or
guardian against the will of the parent or guardian shall be guilty of an
offence and shall be liable on conviction on indictment to imprisonment
for 5 years.

(2) In subsection (1), 'guardian' means any person having the
lawful care or charge of the girl.

(Added, 1 of 1978, s. 6)

127. (1) A person who takes an unmarried girl under the age of 18 out
of the possession of her parent or guardian against the will of the parent
or guardian with the intention that she shall have unlawful sexual
intercourse with men or with a particular man shall be guilty of an
offence and shall be liable on conviction on indictment to imprisonment
for 7 years.

(2) In subsection (1), 'guardian' means any person having the
lawful care or charge of the girl.

(Added, 1 of 1978, s. 6)

128. (1) Subject to subsection (2), a person who takes a woman who
is a defective out of the possession of her parent or guardian against
the will of the parent or guardian with the intention that she shall have
unlawful sexual intercourse with men or with a particular man shall be
guilty of an offence and shall be liable on conviction on indictment to
imprisonment for 7 years.

(2) A person is not guilty of an offence under this section because
he takes such a woman out of the possession of her parent or guardian
as mentioned in subsection (1), if he does not know and has no reason
to suspect her to be a defective.

(3) In this section,---guardian'means any person having the lawful
care or charge of the woman.

(Added, 1 of 1978, s. 6)

Exploitation of women for sexual purposes

129. (1) A person who takes part in bringing a woman into, or taking
a woman out of, Hong Kong for the purpose of prostitution shall be
guilty of an offence and shall be liable on conviction on indictment to
imprisonment for 7 years.

(2) it shall not be a defence to a charge under this section to prove
that the woman consented to being brought into or taken out of Hong
Kong whether or not she knew it was for the purpose of prostitution or
that she received any advantage therefor.

(Added, 1 of 1978, s. 6)





130. (1) A person who-

(a)harbours a woman or exercises control, direction or in-
fluence over a woman; or

(b)assists another person in harbouring or in exercising con-
trol, direction or influence over a woman,

either-

(i)with the intention that she shall have unlawful sexual
intercourse with men; or

(ii) for the purpose of or with a view to her prostitution,

shall be guilty of an offence and shall be liable on conviction on
indictment to imprisonment for 14 years.

(2) A person shall not be convicted of an offence under this
section on the evidence of one witness only, unless the witness is
corroborated in some material particular by evidence implicating
the accused.
(Added, 1 of 1978, s. 6)

131. (1) A person who-

(a)procures a woman to become, in Hong Kong or elsewhere,
a prostitute; or

(b)procures a woman to leave Hong Kong, intending her to
become, elsewhere, an inmate of or frequent any premises,
vessel or place kept as a vice establishment; or

(c)procures a woman to leave her usual place of abode in
Hong Kong, intending her to become an inmate of or
frequent any premises, vessel or place kept as a vice
establishment, in Hong Kong or elsewhere, for the purpose
of prostitution,

shall be guilty of an offence and shall be liable on conviction on
indictment to imprisonment for 7 years.

(2) A person shall not be convicted of an offence under this
section on the evidence of one witness only, unless the witness is
corroborated in some material particular by evidence implicating
the accused.
(Added, 1 of 1978, s. 6)

132. (1) A person who procures a girl under the age of 21 to
have unlawful sexual intercourse in Hong Kong or elsewhere with a
third person shall be guilty of an offence and shall be liable on
conviction on indictment to imprisonment for 5 years.

(2) A person shall not be convicted of an offence under this
section on the evidence of one witness only, unless the witness is
corroborated in some material particular by evidence implicating
the accused.
(Added, 1 of 1978, s. 6)





133. (1) Subject to subsection (2), a person who procures a
woman who is a defective to have unlawful sexual intercourse in
Hong Kong or elsewhere with a third person shall be guilty of an
offence and shall be liable on conviction on indictment to imprison-
ment for 5 years.

(2) A person shall not be guilty of an offence under this section
because he procures a defective to have unlawful sexual intercourse,
if he does not know and has no reason to suspect her to be a
defective.
(3) A person shall not be convicted of an offence under this
section on the evidence of one witness only, unless the witness is
corroborated in some material particular by evidence implicating
the accused.
(Added, 1 of 1978, s. 6)

134. (1) A person who in any manner or by any means detains
a woman against her will-

(a)with the intention that she shall have unlawful sexual
intercourse with men or with a particular man; or

(b)on any premises or vessel, or in any place, kept as a vice
establishment,

shall be guilty of an offence and shall be liable on conviction on
indictment to imprisonment for 14 years.

(2) Where a woman is on any premises or vessel for the
purpose of having unlawful sexual intercourse or is on any premises
or vessel, or in any place, kept as a vice establishment, a person shall
be deemed for the purposes of subsection (1) to detain her there if,
with the intention of compelling or inducing her to remain there, he
either withholds from her her clothes or any other property belong-
ing to her or threatens her with legal proceedings in the event of her
taking away clothes provided for her by him or on his directions.

(3) A woman shall not be liable to any legal proceedings,
whether civil or criminal, for taking away or being found in
possession of any clothes she needed to enable her to leave premises
or a vessel on which she was being detained for the purpose of
having unlawful sexual intercourse or to leave any premises, vessel
or place kept as a vice establishment.
(Added, 1 of 1978, s. 6)

135. (1) A person who causes or encourages the prostitution of
or unlawful sexual intercourse with, or an indecent assault on, a girl
under the age of 16 for whom he is responsible shall be guilty of an
offence and shall be liable on conviction on indictment to imprison-
ment for 5 years.

(2) Where a girl is a prostitute, or has had unlawful sexual
intercourse or has been indecently assaulted, a person shall be
deemed for the purposes of this section to have caused or encourag-
ed the same, if he knowingly allowed her to consort with, or to enter





or continue in the employment of, any prostitute or person of known
immoral character.

(3) Subject to subsection (4), the persons who for the purposes of
this section are to be treated as responsible for a girl are

(a) any person who is her parent or legal guardian;

(b)any person who has actual possession or control of her, or to
whose charge she has been committed by her parent or legal
guardian or by a person having the custody of her; and

(e)any other person who has the custody, charge or care of her.

(4) In subsection (3), parent does not include, in relation to any girl,
a person deprived of her custody by order of a court of competent
jurisdiction but, subject to that, in the case of a girl who has been
adopted under the Adoption Ordinance means her adopters and in the
case of a girl who is illegitimate, and has not been so adopted, means her
mother and any person who has been adjudged to be her putative father.

(Added, 1 of 1978, s. 6)

136. (1) Subject to subsection (2), a person who causes or
encourages the prostitution in Hong Kong or elsewhere of a woman
who is a defective shall be guilty of an offence and shall be liable on
conviction on indictment to imprisonment for 10 years.

(2) A person shall not be guilty of an offence under this section
because he causes or encourages the prostitution of such a woman, if
he does not know and has no reason to suspect her to be a defective.

(Added, 1 of 1978, s. 6)

137. (1) A man who knowingly lives wholly or in part on the earnings
of prostitution shall be guilty of an offence and shall be liable on
conviction on indictment to imprisonment for 5 years.

(2) For the purposes of subsection (1), a man who lives with or is
habitually in the company of a prostitute, or who exercises control,
direction or influence over a woman's movements in a way which shows
he is aiding, abetting or compelling her prostitution with others, shall be
presumed to be knowingly living on the earnings of prostitution, unless
he proves the contrary.

(Added, 1 of 1978, s. 6)

138. A woman who, for the purposes of gain, exercises control,
direction or influence over a woman's movements in a way which shows
she is aiding, abetting or compelling her prostitution shall be guilty of
an offence and shall be liable on conviction on indictment to
imprisonment for 5 years.

(Added, 1 of 1978, s. 6)





139. 'A person who on any occasion

(a)keeps any premises, vessel or place as a vice establishment; or

(b)manages or assists in the management, or is otherwise in
charge or control, of any premises, vessel or place kept as a
vice establishment,

shall be guilty of an offence and shall be liable-

(i)on summary conviction to a fine of $20,000 and to
imprisonment for 2 years; or

(ii) on conviction on indictment to a fine of $20,000 and to
imprisonment for 7 years. (Added, 1 of 1978, s. 6)

Use of premises etc. for illicit sexual purposes

140. An owner or occupier of any premises or vessel, and any
person who manages or assists in the management or control of any
premises or vessel, who induces or knowingly suffers a girl under the
age of 13 to resort to or be on such premises or vessel for the purpose
of having unlawful sexual intercourse with men or with a particular man
or for the purpose of prostitution shall be guilty of an offence and shall
be liable on conviction on indictment to imprisonment for life.

(Added, 1 of 1978, s. 6)

141. An owner or occupier of any premises or vessel, and any
person who manages or assists in the management or control of any
premises or vessel, who induces or knowingly suffers a girl under the
age of 16 to resort to or be on such premises or vessel for the purpose of
having unlawful sexual intercourse with men or with a particular man or
for the purpose of prostitution shall be guilty of an offence and shall be
liable on conviction on indictment to imprisonment for 14 years.

(Added, 1 of 1978, s. 6)

142. (1) Subject to subsection (2), an owner or occupier of any
premises or vessel, and any person who manages or assists in the
management or control of any premises or vessel, who induces or
knowingly suffers a woman who is a defective to resort to or be on such
premises or vessel for the purpose of having unlawful sexual intercourse
with men or with a particular man or for the purpose of prostitution shall
be guilty of an offence and shall be liable on conviction on indictment to
imprisonment for 10 years.

(2) A person is not guilty of an offence under this section because
he induces or knowingly suffers a woman who is a defective to resort to
or be on a premises or vessel for any purpose mentioned in subsection
(1) if he does not know and has no reason to suspect her to be a
defective.

(Added, 1 of 1978, s. 6)





143. 1A person who, being the owner or tenant of any premises or
his agent

(a)lets the whole or part of the premises with the knowledge that
it is to be kept, in whole or in part, as a vice establishment; or

(b)where the whole or part of the premises is used as a vice
establishment, is wilfully a party to that use continuing, shall
be guilty of an offence and shall be liable on conviction to a
fine of $20,000 and to imprisonment for 2 years.

12) (Added, 1 of 1978, s. 6)

144. A person who

(a)being the tenant or occupier, or person in charge, of any
premises permits or suffers the whole or part of the premises to
be kept as a vice establishment; or

(b)being the owner, or the master or other person in charge, of
any vessel permits or suffers the whole or part of the vessel to
be kept as a vice establishment,

shall be guilty of an offence and shall be liable on conviction to a fine of
$20,000 and to imprisonment for 2 years.

(Added, 1 of 1978, s. 6)

145. A person who

(a)being the tenant or occupier, or person in charge, of any
premises permits or suffers the whole or part of the premises to
be used for the purposes of habitual prostitution; or

(b)being the owner, or the master or other person in charge, of
any vessel permits or suffers the whole or part of the vessel to
be used for the purpose of habitual prostitution,

shall be guilty of an offence and shall be liable on conviction to a fine of
$20,000 and to imprisonment for 2 years.

(Added, 1 of 1978, s. 6)

Miscellaneous offences and provisions

146. (1) A person who commits an act of gross indecency with or
towards a child under the age of 14, or who incites a child under the age
of 14 to commit such an act with or towards him or another, shall be
guilty of an offence and shall be liable on conviction on indictment to
imprisonment for 5 years.

(2) It shall not be a defence to a charge under this section to prove
that the child consented to the act of gross indecency.

(Added, 1 of 1978, s. 6)

147. A person who in a public place or in view of the public

(a) solicits for any immoral purpose; or

(b)loiters for the purpose of soliciting for any immoral purpose,





shall be guilty of an offence and shall be liable on conviction to a fine of
$1,000 and to imprisonment for 6 months.

(Added, 1 of 1978, s. 6)

148. (1) A person who, without lawful authority or excuse, in any
public place or in view of the public indecently exposes any part of his
body shall be guilty of an offence and shall be liable on conviction to a
fine of $1,000 and to imprisonment for 6 months.

(2) A person under the age of 12 shall not be guilty of an offence
under subsection (1) by reason only of his bathing unclothed.

(Added, 1 of 1978, s. 6)

149. (1) If on the trial of a charge for an offence specified in the
second column of the Schedule the accused is acquitted, but it is proved
that the accused is guilty of any offence specified opposite thereto in
the third column of the Schedule or of being party to any such offence,
he shall be convicted of such offence or of being a party to any such
ofrence and shall be liable to be punished accordingly.

(2) Nothing in this section shall exclude the application to any
offence of any other law authorizing a court to find a person guilty of an
offence other than that with which he is charged.

(Added, 1 of 1978, s. 6)

150. Where in any section in this Part the description of an offence
is expressed to be subject to exceptions mentioned in the section, proof
of the exception is to lie on the person relying on it.

(Added, 1 of 1978, s. 6)

151. Where it is made to appear to a magistrate by information on
oath that there is reasonable cause to suspect that any premises or
vessel is used by a woman for the purpose of prostitution, and that a
man residing in or frequenting the premises or vessel is living wholly or
in part on her earnings, the magistrate may issue a warrant authorizing a
police officer to enter and search such premises or vessel and to arrest
the man.

(Added, 1 of 1978, s. 6)

152. (1) If a police officer of the rank of superintendent or above has
reason to suspect that an ofrence under this Part has been or is being
committed in or in respect of or in connexion with any premises or place
or any vessel, he may in writing authorize any police officer for the
purposes of this section.

(2) A police officer authorized, under subsection (1) for the
purposes of this section, and any other police officer assisting him may

(a)enter, by force if necessary, the premises or place or vessel
specified in the authorization and search the same;

(b)search any person found in such premises or place or vessel;





(c)seize and detain anything found in such premises or place
or vessel which appears to him to be or to contain evidence
of an offence under this Part.

(3) No person shall be searched under subsection (2) except by
a person of the same sex.
(Added, 1 of 1978, s. 6)

153. (1) Without prejudice to section 152, if a police officer
reasonably suspects that any premises, vessel or place is being kept
as a vice establishment, he may seize and detain anything found in
such premises, vessel or place, or on any person found in such
premises, vessel or place, which appears to him to have been used in
or for or in connexion with the commission of an offence under
section 139.
(2) If, in any proceedings for an offence under section 139, 143
or 144 or otherwise on application by or on behalf of the Commis-
sioner of Police, a court or magistrate is satisfied that anything in the
possession of the court or magistrate or the police, not being
immovable property, has been used in or for or in connexion with
the commission of an offence under section 139, the court or
magistrate may order that it be forfeited to the Crown, whether or
not any person has been convicted of an offence under section 139.
A, (Added, 1 of 1978, s. 6)

Restrictions on evidence and on publishing
details regarding identity

154. (1) If at a trial before the High Court any person is for the
time being charged with a rape offence or indecent assault to which
he pleads not guilty (whether or not at the trial he, or any other
person, is for the time being charged with an offence which is not a
rape offence or indecent assault), then, except with the leave of the
judge, no evidence and no question in cross-examination shall be
adduced or asked at the trial, by or on behalf of any defendant at the
trial, about any sexual experience of a complainant with a person
other than that defendant. (Amended, 32 of 1979, s. 2)
(2) The judge shall not give leave in pursuance of subsection
(1) for any evidence or question except on an application made to
him in the absence of the jury by or on behalf of a defendant; and on
such an application the judge shall give leave if and only if he is
satisfied that it would be unfair to that defendant to refuse to allow
the evidence to be adduced or the question to be asked.
(3) In subsection (1) 'complainant' means a woman upon
whom, in a charge for a rape offence or indecent assault to which the
trial in question relates, it is alleged that rape or indecent assault was
committed, attempted or proposed. (Amended, 32 of 1979, s. 2)
(4) Nothing in this section authorizes evidence to be adduced
or a question to be asked which cannot be adduced or asked apart
from this section.
(Added, 25 of 1978, s. 4)





155. (1) Where. on a hearing under Part 111 of the Magistrates
Ordinance, a magistrate inquires into a rape offence or indecent assault,
then, except with the consent of the magistrate, evidence shall not be
adduced and a question shall not be asked at the hearing which, if the
hearing were a trial at which a person is charged with a rape offence or
indecent assault and each of the accused at the hearing were charged at
the trial with the offences of which he is accused at the hearing, could
not be adduced or asked without leave in pursuance of section 154.
(Amended 32 of 1979, s. 3)

(2) On an application for consent in pursuance of subsection (1)
for any evidence or question the magistrate shall

(a)refuse the consent unless he is satisfied that leave in respect
of the evidence or question would be likely to be given at a
relevant trial;

(b) give the consent if he is so satisfied.

(3) Where a person charged with a rape offence or indecent assault
is tried for that offence either in the District Court or summarily before a
magistrate under Part V of the Magistrates Ordinance or in a juvenile
court under the Juvenile Offenders Ordinance section 154 shall have
effect in relation to the trial as if- (Aniended, 32 of 1979, s. 3)

(a)the words---inthe absence of the jury' in subsection (2)
thereof were omitted; and

(b) for any reference to the judge there were substituted-

(i) in the case of a trial in the District Court, a reference to
the District Judge before whom the trial takes place;

(ii) in the case of a trial before a magistrate, a reference to
the magistrate,

(iii) in the case of a trial in a juvenile court. a reference to
the juvenile court.

(Added, 25 of 1978, s. 4)

156. (1) Subject to subsection (9)(a), after an allegation is made that
a rape offence or an indecent assault has been committed no matter
likely to lead members of the public to identify a woman as the
complainant in relation to that allegation shall either be published in
Hong Kong in a written publication available to the public or be
broadcast in Hong Kong except as authorized by a direction given in
pursuance of this section.

(2) If, before the commencement of a trial at which a person is
charged with a rape offence or indecent assault, he or another person
against whom the complainant may be expected to give evidence at the
trial applies to a judge for a direction in pursuance of this subsection
and satisfies the judge

(a)that the direction is required for the purpose of inducing
persons to come forward who are likely to be needed as
witnesses at the trial; and





(b)that the conduct of the applicant's defence at the trial is likely
to be substantially prejudiced if the direction is not given,

the judge shall direct that subsection (1) shall riot, by virtue of the
accusation alleging the offence aforesaid, apply in relation to the
complainant.

(3) If after the commencement of a trial at which a person is charged
with a rape offence or indecent assault a new trial of the person for that
offence is ordered, the commencement of any previous trial at which he
was charged with that offence shall be disregarded for the purposes of
subsection (2).

(3A) A direction that subsection (1) shall not apply in relation to
such complaint or such matter as is specified in the direction may be
given, where it is necessary for the purpose of seeking information
which may lead to the arrest of a person responsible for an alleged rape
offence or indecent assault, or is for any other reason in the public
interest

(a)by a police officer of the rank of Senior Superintendent or
above, where the complainant consents in writing to such a
direction being given, or

(b) by the Attorney General in any other case,

and notice of any such direction shall be published in the Gazette.

(Added, 26 of 1980, s. 2)

(4) If at a trial at which a person is charged with a rape offence or
indecent assault the judge or, as the case may be. the District Judge,
magistrate or juvenile court, is satisfied that the effect of subsection (1)
is to impose a substantial and unreasonable restriction upon the
reporting of proceedings at the trial and that it is in the public interest to
remove or relax the restriction, the judge or, as the case may be, the
District Judge, magistrate or juvenile court, shall direct that subsection
(1) shall not apply to such matter relating to the complainant as is
specified in the direction; but a direction shall not be given in pursuance
of this subsection by reason only of an acquittal of a defendant at the
trial.

(5) If a person who has been convicted of an offence and given
notice of an appeal to the Court of Appeal against the conviction, or
notice of an application for leave so to appeal, applies to the Court of
Appeal for a direction in pursuance of this subsection and satisfies the
Court

(a)that the direction is required for the purpose of obtaining
evidence in support of the appeal; and

(b)that the applicant is likely to suffer substantial injustice if the
direction is not given,

the Court shall direct that subsection (1) shall not, by virtue of such
allegation of a rape offence or indecent assault as is specified in the
direction, apply in relation to a complainant so specified.





(6) Subsection (5) shall apply in relation to a conviction of an
offence tried summarily as mentioned in section 155(3), and, in so
applying for references to the Court of Appeal there shall be substituted
references to a judge and the reference to notice of an application for
leave to appeal shall be omitted.

(7) For the purposes of this section an allegation of a rape offence
or indecent assault is made if

(a) it is made to a police officer; or

(b)a complaint is made to or an information is laid before a
magistrate alleging that a person has committed a rape offence
or indecent assault against the complainant; or

(c)a person appears before a magistrate or a court charged with a
rape offence or indecent assault against the complainant; or

(d)a person is committed for trial at the High Court on a charge
alleging a rape offence or indecent assault against the
complainant; or

(e)an indictment charging a person with a rape offence or
indecent assault against the complainant is preferred before the
High Court,

and references in this section to an allegation of a rape offence or
indecent assault shall be construed accordingly. (Replaced, 26 of
1980,s.2)

(8) In this section-

'broadcast' means a broadcast by wireless telegraphy of sound or
visual images intended for general reception;

'complainant', in relation to an allegation of a rape offence or indecent
assault, means the woman against whom the offence is alleged to
have been committed; and

'written publication' includes a film, a sound track and any other record
in permanent form but does not include an indictment or other
document prepared for use in particular legal proceedings.

(9) Nothing in this section-

(a)prohibits the publication or broadcasting, in consequence of
an allegation of a rape offence or indecent assault, of matter
consisting only of a report of legal proceedings other than
proceedings at, or intended to lead to, or on an appeal arising
out of, a trial at which a person is charged with that offence; or

(b)affects any prohibition or restriction imposed by virtue of any
other enactment upon a publication or broadcast,

and a direction in pursuance of this section does not affect the
operation of subsection (1) at any time before the direction is given.

(Added, 25 of 1978.s. 4. Amended, 32. of 1979, s. 3 and 26 of

1980,s.2)





157. (1) If any matter is published or broadcast in contravention of
section 156(1), the following persons, namely

(a)in the case of a publication in a newspaper or periodical, any
proprietor, any editor and any publisher of the newspaper or
periodical;

(b)in the case of any other publication, the person who publishes
it; and

(e)in the case of a broadcast, any body corporate which transmits
or provides the programme in which the broadcast is made and
any person having functions in relation to the programme
corresponding to those of an editor of a newspaper,

shall be guilty of an offence and shall be liable on conviction to a fine of
$10,000 and to imprisonment for 6 months.

(2) When an offence under subsection (1) which has been
committed by a body corporate is proved to have been committed with
the consent or connivance of, or to be attributable to any neglect on the
part of, any director, manager, secretary or other similar officer of the
body corporate or any person who was purporting to act in any such
capacity, he as well as the body corporate shall be guilty of that offence
and be liable to be proceeded against and punished accordingly.

(3) Where the affairs of a body corporate are managed by its
members subsection (2) shall apply in relation to the acts and defaults of
a member in connexion with his functions of management as if he were a
director of the body corporate.

(4) Proceedings for an offence under subsection (1) (including such
an offence which is alleged to have been committed by virtue of
subsection (2), whether or not by virtue also of subsection (3) shall not
be instituted except by or with the consent of the Attorney General; and
where a person is charged with such an offence it shall be a defence to
prove that at the time of the alleged offence he was not aware, and
neither suspected nor had reason to suspect, that the publication or
broadcast in question was of such matter as is mentioned in section
156(1).

(Added, 25 of 1978, s. 4)

158. (1) In relation to a person charged with a rape offence or
indecent assault in pursuance of any provision of the Naval Discipline
Act 1957, the Army Act 1955 or the Air Force Act 1955, section 156 shall
have effect with the following modifications, namely

(a)any reference to a trial or a trial before the High Court shall be
construed as a reference to a trial by court-martial;

(b)for any reference in section 156(2) to a judge there shall be
substituted a reference to the officer who is authorized to
convene or has convened a court-martial for the trial of the





offence (or. if after convening it he has ceased to hold the
appointment by virtue of which he convened it, the officer
holding that appointment) and for any reference in subsection
(4) of that section to such a judge there shall be substituted a
reference to the court;

(c)for any reference in section 156(5) to the Court of Appeal there
shall be substituted a reference to the Courts-Martial Appeal
Court; and

(d)in section 156(7) for paragraphs (a) to (d) there shall be
substituted the words 'he is charged with a rape offence or
indecent assault in pursuance of any provision of the Naval
Discipline Act 1957, the Army Act 1955 or the Air Force Act
1955

and section 157 shall apply accordingly. (Aniended, 32 qf 1979, s.3)

(2) In relation to a person who. having been charged with a rape
offence or indecent assault in pursuance of any provision of any of the
Acts specified in subsection (1), has been convicted of an offence and
has given notice of an appeal to the Courts-Martial Appeal Court
against the conviction, or notice of an application for leave so to appeal,
a direction given by a judge of that Court that section 156(1) shall not.
by virtue of an accusation which alleges a rape offence or indecent
assault and is specified in the direction. apply in relation to a
complainant so specified. shall be deemed to be a direction given by the
Courts-Martial Appeal Court in pursuance of subsection (5) of that
section (as modified by this section). (Amended, 32 of 1979, s. 3)

(3) In this section and in section 156 as modified by subsection (1)

'court-martial' means a court-martial under any of the Acts specified in
subsection (1);

'Courts-Martial Appeal Court' means the Courts-Martial Appeal Court
established by the Courts-Martial (Appeals) Act 1951 for the
purpose of hearing appeals from naval, army and air force courts-
martial, and continued in existence by the CourtsMartial (Appeals)
Act 1968.

(Added, 25 of 1978, s. 4)

159. (1) Sections 154 and 155 shall not have effect in relation to a trial
or inquiry which begins before the coming into operation of the Crimes
(Amendment) (No. 2) Ordinance 1978. (Added, 25 qf 1978, s. 4.
Aniended, 32 qf 1979, s. 4)

(2) Sections 154 and 155 shall not have effect in relation to a trial or
inquiry at which a person is charged with indecent assault which begins
before the coming into operation* of the Crimes

(Amendment) Ordinance 1979.(Added, 32 qf 1979, s. 4)





PART XIII

MISCELLANEOUS
OFFENCES

160. (1) Any person who loiters in a public place or in the common
parts of any building shall. unless he gives a satisfactory account of
himself and a satisfactory explanation for his presence there, be guilty
of an offence and shall be liable on conviction to a fine of 52,000 and to
imprisonment for 6 months.

(2) Any person who loiters in a public place or in the common parts
of any building and in any way wilfully obstructs any person using that
place or the common parts of that building, shall be guilty of an offence
and shall be liable on conviction to imprisonment for 6 months.

(3) If any person loiters in a public place or in the common parts of
any building and his presence there, either alone or with others, causes
any person reasonably to be concerned for his safety or well-being, he
shall be guilty of an offence and shall be liable on conviction to
imprisonment for 2 years.

(4) In this section 'common parts-, in relation to a building, means

(a)any entrance hall, lobby. passageway. corridor. staircase,
landing, rooftop, lift or escalator:

(b)any cellar, toilet, water closet, wash house, bath-house or
kitchen which is in common use by the occupiers of the
building;

(e) any compound, garage, carpark, car port or lane.

(Added, 37 qf 1979, s. 2)

SCHEDULE [s. 149.1

OTHER OFFENCES OF WHICH ACCUSED MAY BE CONVICTED

Other. offences of which defendant
Item Offence charged may he convicted
1. Rape Procurement of Woman by threats (section 119)

(section 118) Procurement of woman by. false pretences (section 120)
Administering drugs to obtain or facilitate intercourse
(section 121)
Indecent assault on a woman (section 122)
2. Intercourse with Intercourse with girl under 16 (section 124)
girl under 13 Indecent assault on a woman (section 122)
(section 123)
3. Intercourse with Indecent assault on a woman (section 122)
girl under 16
(section 124)
4. Intercourse with Indecent assault on a Woman (section 122)
defective
(section 125)
(Schedule added, 1 of 1978 s. 7)
Originally 60 of 1971. 10 of 1865. 23 of 1913. 3 of 1916. 13 of 1920. 11 of 1922. 21 of 1922. 26 of 1935. 33 of 1935. 34 of 1935. 13 of 1938. 4 of 1887. 10 of 1896. 19 of 1911. 30 of 1911. 31 of 1911. 50 of 1911. 51 of 1911. 21 of 1912. 5 of 1924. 11 of 1924. 25 of 1930. 6 of 1936. 9 of 1936. 20 of 1936. 43 of 1936. 27 of 1937. 5 of 1938. 28 of 1938. 33 of 1939. 22 of 1950. 21 of 1964. 1 of 1966. 45 of 1967. 21 of 1970. 30 of 1970. 87 of 1970. 5 of 1971. 48 of 1972. 52 of 1972. 2 of 1977. 1 of 1978. 25 of 1978. 32 of 1979. 37 of 1979. 26 of 1980. 67 of 1981. 80 of 1982. 48 of 1983. Short title. Treason. [cf. 1351 c. 2. 1795 c. 7, s. 1. 1817 c. 6, s. 1.] Treasonable offences. 1848 c. 12, s. 3. 1848 c. 12, s. 7. Limitations as to trial for treason, etc. 1695 c. 3, s. 6. 1800 c. 93, s. 1. 1967 c. 58, s. 12(6). Assaults on the Queen. 1842 c. 51, s. 2. Incitement to mutiny. 1797 c. 70, s. 1. Incitement to disaffection. 1934 c. 56, s. 1. 1934 c. 56, s. 2(1). 1934 c. 56, s. 3(1). 1934 c. 56, s. 3(4). 1934 c. 56, s. 3(2). Power to search and prevent offences under section 7. [cf. 1934 c. 56, s. 2(2).] (Cap. 221.) Seditious intention. Offences. [cf. 1819 c. 8, ss. 1, 2.] Legal proceedings. Evidence. Search warrant. Power to remove seditious publications. Unlawful oaths to commit capital offences. 1812 c. 104, ss. 1 & 6. Other unlawful oaths to commit offences. 1797 c. 123, ss. 1 & 5. Compulsion in taking unlawful oaths. 1797 c. 123, s. 2. 1812 c. 104, s. 2. Unlawful drilling. 1819 c. 1, s. 1. Piracy with violence. 1837 c. 88, s. 2. Piratical acts. 1698 c. 7, ss. 7 & 8. Trading, etc., with pirates. 1721 c. 24, s. 1. Being found on board piratical vessel and unable to prove non-complicity. Regulations. Certain acts of intimidation prohibited. Indian Penal Code, s. 503. Assaults with intent to cause certain acts to be done or omitted. No defence to prove that the threat was not made directly. Penalties. Interpretation. Extracurial statements on oath made for purposes of a judicial proceeding. Materiality of a statement is a question of law. Perjury. 1911 c. 6, s. 1. False statements on oath made otherwise than in a judicial proceeding. 1911, c. 6, s. 2. False unsworn statement under section 76 of Evidence Ordinance. [Cap. 8.] 1975 c. 34, s. 8(1). False written statements in criminal proceedings. (Cap. 227.) (Cap. 221.) False statements, etc., with reference to marriage. 1911 c. 6, s. 3. (Cap. 178.) False statements, etc., as to births or deaths. 1911 c. 6, s. 4. False statutory declarations and other false statements without oath. 1911 c. 6, s. 5. False declarations, etc., to obtain registration, etc., for carrying on a vocation. 1911 c. 6, s. 6. Aiders, abettors, suborners, etc. 1911 c. 6, s. 7. Contradictory statements on oath. Using false affidavits. Power to direct a prosecution for perjury. 1911 c. 6, s. 9. Form of indictment. 1911 c. 6, s. 12. Corroboration. 1911 c. 6, s. 13. Certified copy of record of court proceedings. Form of oath. 1911 c. 6, s. 15. Savings. 1911 c. 6, s. 16. Incest by men. 1908 c. 45, s. 1. Incest by women of or over 16. 1908 c. 45, s. 2. Test of relationship. 1908 c. 45, s. 3. Prosecution of offences. 1908 c. 45, s. 4. Sanction of Attorney General. 1908 c. 45, s. 6. Interpretation. 1883 c. 3, s. 9(1). Causing explosion likely to endanger life or property. 1883 c. 3, s. 2. Attempt to cause explosion, or making or keeping explosive with intent to endanger life or property. 1883 c. 3, s. 3. Making of possession of explosive. Position of accessories. 1883 c. 3, s. 5. Exclusion of public during hearing of proceedings for offence under this Part. [cf. 1920 c. 75, s. 8(4).] Provisions of this Part not to exempt from proceedings under other provisions of laws. 1883 c. 3, s. 7(4). Interpretation. 1971 c. 48, s. 10. Destroying or damaging property. 1971 c. 48, s. 1. Threats to destroy or damage property. 1971 c. 48, s. 2. Possessing anything with intent to destroy or damage property. 1971 c. 48, s. 3. Punishment of offences. 1971 c. 48, s. 4. Without lawful excuse. 1971 c. 48, s. 5. Search for things intended for use in committing offences of criminal damage. 1971 c. 48, s. 6. (Cap. 221.) Evidence in connexion with offences under this Part. 1971 c. 48, s. 9. Abolition of common law arson. Interpretation. 1913 c. 27, s. 18. 1914 c. 14, s. 1(5). 1935 c. 25, s. 1. Definition of forgery. 1913 c. 27, s. 1. 1925 c. 86, s. 35. Forgery of certain documents with intent to defraud. 1913 c. 27, s. 2. (1929 c. 29.) 1824 c. 113. 1843 c. 98. 1873 c. 59. 1873 c. 88. 1876 c. 46. 1879 c. 38. Forgery of certain documents with intent to defraud or deceive. 1913 c. 27, s. 3. (1929 c. 29.) (Cap. 177.) (Cap. 374.) (1889 c. 10.) (1894 c. 60.) Forgery of other documents with intent to defraud or to deceive an offence. 1913 c. 27, s. 4. Forgery of seals and dies. 1913 c. 27, s. 5. Uttering. 1913 c. 27, s. 6. Demanding property on forged documents, etc. 1913 c. 27, s. 7. Possession of forged documents, seals and dies. 1913 c. 27, s. 8. Possession of implements for forgery. (Cap. 115.) (Cap. 177.) (Cap. 374.) Making or having in possession paper or implements for forgery. 1913 c. 27, s. 9. Accessories and abettors. 1913 c. 27, s. 11. Punishments. 1913 c. 27, s. 12. Criminal possession. 1913 c. 27, s. 15. Search warrants. 1913 c. 27, s. 16. 1935 c. 25, s. 2. Form of indictment and proof of intent. 1913 c. 27, s. 17. Savings. 1913 c. 27, s. 19. Making false entry in contract for sale of shares. 1867 c. 29, s. 1. Making false entry in bank book, etc. 1861 c. 98, s. 5. Bank clerk making out false dividend warrant. 1861 c. 98, s. 6. Uttering, delivering or acting under false copy or certificate of record or process of court. 1861 c. 98, s. 28. Making false entry in register of births, etc. 1861 c. 98, s. 36. Making false entry in copy of register sent to registrar. 1861 c. 98, s. 37. Unlawful assumption of character of member of Customs and Excise Service. 1890 c. 21, s. 12. (Cap. 109.) Acknowledging recognizance, etc., in name of another. 1861 c. 98, s. 34. Intent to defraud particular person not necessary. 1861 c. 98, s. 44. Aiders and abettors. [cf. 1861 c. 98, s. 49.] Fines and sureties for keeping the peace. 1861 c. 98, s. 51. Interpretation. 1861 c. 99, s. 1. Counterfeiting gold or silver coin. 1861 c. 99, s. 2. Colouring counterfeit coin or metal, with intent to make it pass for gold or silver coin. 1861 c. 99, s. 3. Impairing or lightening gold or silver coin with intent. 1861 c. 99, s. 4. Buying, etc., counterfeit gold or silver coin for less than its denomination. 1861 c. 99, s. 6. Importing counterfeit gold or silver coin. 1861 c. 99, s. 7. Exporting counterfeit coin. 1861 c. 99, s. 8. Uttering counterfeit gold or silver coin. 1861 c. 99, s. 9. Uttering counterfeit gold or silver coin, with circumstances of aggravation. 1861 c. 99, s. 10. Having 3 pieces of counterfeit gold or silver coin, with intent. 1861 c. 99, s. 11. Second offence of uttering, etc. 1861 c. 99, s. 12. Uttering coin, medal, etc., of less value for gold or silver coin, with intent. 1861 c. 99, s. 13. Counterfeiting, making, having tools for counterfeiting, and buying, etc., counterfeit, copper coin. 1861 c. 99, s. 14. Uttering, having in possession 3 counterfeit copper coins. 1861 c. 99, s. 15. Making mending, or having possession of coining tool. 1861 c. 99, s. 24. Proof of coin being counterfeit. 1861 c. 99, s. 29. When counterfeiting, etc., to be deemed complete. 1861 c. 99, s. 30. Power to issue search warrant for counterfeit coin or instrument for coining. Principals in second degree and accessories. 1861 c. 99, s. 35. Prohibition of tokens. 1812 c. 157, s. 1. 1817 c. 46, s. 1. 1870 c. 10, s. 5. Second or subsequent offence. 1861 c. 99, s. 37. Fine and sureties for keeping the peace. 1861 c. 99, s. 38. Interpretation. [cf. 1956 c. 69, s. 45.] [1976 c. 82, s. 7(2).] Rape. [cf. 1956 c. 69, s. 1.] [1976 c. 82, s. 1(1).] [1976 c. 82, s. 1(2).] [1976 c. 82, s. 7(3).] Procurement of woman by threats. [cf. 1956 c. 69, s. 2.] Procurement of woman by false pretences. [cf. 1956 c. 69, s. 3.] Administering drugs to obtain or facilitate intercourse. [cf. 1956 c. 69, s. 4.] Indecent assault on a woman. [cf. 1956 c. 69, s. 14.] (Cap. 181.) Intercourse with girl under 13. [cf. 1956 c. 69, s. 5.] Intercourse with girl under 16. [cf. 1956 c. 69, s. 6.] (Cap. 181.) Intercourse with defective. [cf. 1956 c. 69, s. 7.] Abduction of unmarried girl under 16. [cf. 1956 c. 69, s. 20.] Abduction of unmarried girl under 18 for sexual intercourse. [cf. 1956 c. 69, s. 19.] Abduction of defective from parent or guardian for sexual intercourse. [cf. 1956 c. 69, s. 21.] Trafficking to or from Hong Kong in women. Control over woman for purpose of unlawful sexual intercourse or prostitution. Causing prostitution of woman. [cf. 1956 c. 69, s. 22.] Procurement of woman under 21. [cf. 1956 c. 69, s. 23.] Procurement of defective. [cf. 1956 c. 69, s. 9.] Detention of woman for intercourse or in vice establishment. [cf. 1956 c. 69, s. 24.] Causing or encouraging prostitution of, intercourse with, or indecent assault on, girl under 16. [cf. 1956 c. 69, s. 28.] (Cap. 290.) Causing or encouraging prostitution of defective. [cf. 1956 c. 69, s. 29.] Man living on earnings of prostitution. [cf. 1956 c. 69, s. 30.] Woman exercising control over prostitute. [cf. 1956 c. 69, s. 31.] Keeping a vice establishment. [cf. 1956 c. 69, s. 33.] Permitting girl under 13 to resort to or be on premises or vessel for intercourse. [cf. 1956 c. 69, s. 25.] Permitting girl under 16 to resort to or be on premises or vessel for prostitution or intercourse. [cf. 1956 c. 69, s. 26.] Permitting defective to resort to or be on premises or vessel for prostitution or intercourse. [cf. 1956 c. 69, s. 27.] Letting premises for use as a vice establishment. [cf. 1956 c. 69, s. 34.] Tenant etc. permitting premises or vessel to be kept as a vice establishment. [cf. 1956 c. 69, s. 35(1).] Tenant etc. permitting premises or vessel to be used for prostitution. [cf. 1956 c. 69, s. 36.] Indecent conduct towards child under 14. [cf. 1960 c. 33, s. 1(1).] Soliciting for an immoral purpose. Indecency in public. Conviction for offence other than that charged. Schedule. Proof of exceptions. [cf. 1956 c. 69, s. 47.] Power of search in case of man living on earnings of prostitution. [cf. 1956 c. 69, s. 42.] General power of search and seizure. Seizure and forfeiture in respect of vice establishment. Restrictions on evidence at trials for rape etc. [cf. 1976 c. 82, s. 2.] Application of s. 154 to committal proceedings. District Court and summary trials. [1976 c. 82, s. 3.] (Cap. 227.) (Cap. 226.) Anonymity of complainants in rape etc. cases. [1976 c. 82, s. 4.] [1976 c. 82, s. 5(2).] [1976 c. 82, s. 5(3).] Offences and proceedings. [1976 c. 82, ss. 4(5), 5(4)-(5), 6(6).] Application of ss. 156 and 157 to trials by courts-martial. [cf. 1976 c. 82, ss. 5(1), 6(4)-(6).] [cf. 1976, c. 82, s. 5(6).] Transitional provisions. [cf. 1976 c. 82, s. 7(5).] (25 of 1978.) (32 of 1979.) [*11.5.79.] Loitering.

Originally 60 of 1971. 10 of 1865. 23 of 1913. 3 of 1916. 13 of 1920. 11 of 1922. 21 of 1922. 26 of 1935. 33 of 1935. 34 of 1935. 13 of 1938. 4 of 1887. 10 of 1896. 19 of 1911. 30 of 1911. 31 of 1911. 50 of 1911. 51 of 1911. 21 of 1912. 5 of 1924. 11 of 1924. 25 of 1930. 6 of 1936. 9 of 1936. 20 of 1936. 43 of 1936. 27 of 1937. 5 of 1938. 28 of 1938. 33 of 1939. 22 of 1950. 21 of 1964. 1 of 1966. 45 of 1967. 21 of 1970. 30 of 1970. 87 of 1970. 5 of 1971. 48 of 1972. 52 of 1972. 2 of 1977. 1 of 1978. 25 of 1978. 32 of 1979. 37 of 1979. 26 of 1980. 67 of 1981. 80 of 1982. 48 of 1983. Short title. Treason. [cf. 1351 c. 2. 1795 c. 7, s. 1. 1817 c. 6, s. 1.] Treasonable offences. 1848 c. 12, s. 3. 1848 c. 12, s. 7. Limitations as to trial for treason, etc. 1695 c. 3, s. 6. 1800 c. 93, s. 1. 1967 c. 58, s. 12(6). Assaults on the Queen. 1842 c. 51, s. 2. Incitement to mutiny. 1797 c. 70, s. 1. Incitement to disaffection. 1934 c. 56, s. 1. 1934 c. 56, s. 2(1). 1934 c. 56, s. 3(1). 1934 c. 56, s. 3(4). 1934 c. 56, s. 3(2). Power to search and prevent offences under section 7. [cf. 1934 c. 56, s. 2(2).] (Cap. 221.) Seditious intention. Offences. [cf. 1819 c. 8, ss. 1, 2.] Legal proceedings. Evidence. Search warrant. Power to remove seditious publications. Unlawful oaths to commit capital offences. 1812 c. 104, ss. 1 & 6. Other unlawful oaths to commit offences. 1797 c. 123, ss. 1 & 5. Compulsion in taking unlawful oaths. 1797 c. 123, s. 2. 1812 c. 104, s. 2. Unlawful drilling. 1819 c. 1, s. 1. Piracy with violence. 1837 c. 88, s. 2. Piratical acts. 1698 c. 7, ss. 7 & 8. Trading, etc., with pirates. 1721 c. 24, s. 1. Being found on board piratical vessel and unable to prove non-complicity. Regulations. Certain acts of intimidation prohibited. Indian Penal Code, s. 503. Assaults with intent to cause certain acts to be done or omitted. No defence to prove that the threat was not made directly. Penalties. Interpretation. Extracurial statements on oath made for purposes of a judicial proceeding. Materiality of a statement is a question of law. Perjury. 1911 c. 6, s. 1. False statements on oath made otherwise than in a judicial proceeding. 1911, c. 6, s. 2. False unsworn statement under section 76 of Evidence Ordinance. [Cap. 8.] 1975 c. 34, s. 8(1). False written statements in criminal proceedings. (Cap. 227.) (Cap. 221.) False statements, etc., with reference to marriage. 1911 c. 6, s. 3. (Cap. 178.) False statements, etc., as to births or deaths. 1911 c. 6, s. 4. False statutory declarations and other false statements without oath. 1911 c. 6, s. 5. False declarations, etc., to obtain registration, etc., for carrying on a vocation. 1911 c. 6, s. 6. Aiders, abettors, suborners, etc. 1911 c. 6, s. 7. Contradictory statements on oath. Using false affidavits. Power to direct a prosecution for perjury. 1911 c. 6, s. 9. Form of indictment. 1911 c. 6, s. 12. Corroboration. 1911 c. 6, s. 13. Certified copy of record of court proceedings. Form of oath. 1911 c. 6, s. 15. Savings. 1911 c. 6, s. 16. Incest by men. 1908 c. 45, s. 1. Incest by women of or over 16. 1908 c. 45, s. 2. Test of relationship. 1908 c. 45, s. 3. Prosecution of offences. 1908 c. 45, s. 4. Sanction of Attorney General. 1908 c. 45, s. 6. Interpretation. 1883 c. 3, s. 9(1). Causing explosion likely to endanger life or property. 1883 c. 3, s. 2. Attempt to cause explosion, or making or keeping explosive with intent to endanger life or property. 1883 c. 3, s. 3. Making of possession of explosive. Position of accessories. 1883 c. 3, s. 5. Exclusion of public during hearing of proceedings for offence under this Part. [cf. 1920 c. 75, s. 8(4).] Provisions of this Part not to exempt from proceedings under other provisions of laws. 1883 c. 3, s. 7(4). Interpretation. 1971 c. 48, s. 10. Destroying or damaging property. 1971 c. 48, s. 1. Threats to destroy or damage property. 1971 c. 48, s. 2. Possessing anything with intent to destroy or damage property. 1971 c. 48, s. 3. Punishment of offences. 1971 c. 48, s. 4. Without lawful excuse. 1971 c. 48, s. 5. Search for things intended for use in committing offences of criminal damage. 1971 c. 48, s. 6. (Cap. 221.) Evidence in connexion with offences under this Part. 1971 c. 48, s. 9. Abolition of common law arson. Interpretation. 1913 c. 27, s. 18. 1914 c. 14, s. 1(5). 1935 c. 25, s. 1. Definition of forgery. 1913 c. 27, s. 1. 1925 c. 86, s. 35. Forgery of certain documents with intent to defraud. 1913 c. 27, s. 2. (1929 c. 29.) 1824 c. 113. 1843 c. 98. 1873 c. 59. 1873 c. 88. 1876 c. 46. 1879 c. 38. Forgery of certain documents with intent to defraud or deceive. 1913 c. 27, s. 3. (1929 c. 29.) (Cap. 177.) (Cap. 374.) (1889 c. 10.) (1894 c. 60.) Forgery of other documents with intent to defraud or to deceive an offence. 1913 c. 27, s. 4. Forgery of seals and dies. 1913 c. 27, s. 5. Uttering. 1913 c. 27, s. 6. Demanding property on forged documents, etc. 1913 c. 27, s. 7. Possession of forged documents, seals and dies. 1913 c. 27, s. 8. Possession of implements for forgery. (Cap. 115.) (Cap. 177.) (Cap. 374.) Making or having in possession paper or implements for forgery. 1913 c. 27, s. 9. Accessories and abettors. 1913 c. 27, s. 11. Punishments. 1913 c. 27, s. 12. Criminal possession. 1913 c. 27, s. 15. Search warrants. 1913 c. 27, s. 16. 1935 c. 25, s. 2. Form of indictment and proof of intent. 1913 c. 27, s. 17. Savings. 1913 c. 27, s. 19. Making false entry in contract for sale of shares. 1867 c. 29, s. 1. Making false entry in bank book, etc. 1861 c. 98, s. 5. Bank clerk making out false dividend warrant. 1861 c. 98, s. 6. Uttering, delivering or acting under false copy or certificate of record or process of court. 1861 c. 98, s. 28. Making false entry in register of births, etc. 1861 c. 98, s. 36. Making false entry in copy of register sent to registrar. 1861 c. 98, s. 37. Unlawful assumption of character of member of Customs and Excise Service. 1890 c. 21, s. 12. (Cap. 109.) Acknowledging recognizance, etc., in name of another. 1861 c. 98, s. 34. Intent to defraud particular person not necessary. 1861 c. 98, s. 44. Aiders and abettors. [cf. 1861 c. 98, s. 49.] Fines and sureties for keeping the peace. 1861 c. 98, s. 51. Interpretation. 1861 c. 99, s. 1. Counterfeiting gold or silver coin. 1861 c. 99, s. 2. Colouring counterfeit coin or metal, with intent to make it pass for gold or silver coin. 1861 c. 99, s. 3. Impairing or lightening gold or silver coin with intent. 1861 c. 99, s. 4. Buying, etc., counterfeit gold or silver coin for less than its denomination. 1861 c. 99, s. 6. Importing counterfeit gold or silver coin. 1861 c. 99, s. 7. Exporting counterfeit coin. 1861 c. 99, s. 8. Uttering counterfeit gold or silver coin. 1861 c. 99, s. 9. Uttering counterfeit gold or silver coin, with circumstances of aggravation. 1861 c. 99, s. 10. Having 3 pieces of counterfeit gold or silver coin, with intent. 1861 c. 99, s. 11. Second offence of uttering, etc. 1861 c. 99, s. 12. Uttering coin, medal, etc., of less value for gold or silver coin, with intent. 1861 c. 99, s. 13. Counterfeiting, making, having tools for counterfeiting, and buying, etc., counterfeit, copper coin. 1861 c. 99, s. 14. Uttering, having in possession 3 counterfeit copper coins. 1861 c. 99, s. 15. Making mending, or having possession of coining tool. 1861 c. 99, s. 24. Proof of coin being counterfeit. 1861 c. 99, s. 29. When counterfeiting, etc., to be deemed complete. 1861 c. 99, s. 30. Power to issue search warrant for counterfeit coin or instrument for coining. Principals in second degree and accessories. 1861 c. 99, s. 35. Prohibition of tokens. 1812 c. 157, s. 1. 1817 c. 46, s. 1. 1870 c. 10, s. 5. Second or subsequent offence. 1861 c. 99, s. 37. Fine and sureties for keeping the peace. 1861 c. 99, s. 38. Interpretation. [cf. 1956 c. 69, s. 45.] [1976 c. 82, s. 7(2).] Rape. [cf. 1956 c. 69, s. 1.] [1976 c. 82, s. 1(1).] [1976 c. 82, s. 1(2).] [1976 c. 82, s. 7(3).] Procurement of woman by threats. [cf. 1956 c. 69, s. 2.] Procurement of woman by false pretences. [cf. 1956 c. 69, s. 3.] Administering drugs to obtain or facilitate intercourse. [cf. 1956 c. 69, s. 4.] Indecent assault on a woman. [cf. 1956 c. 69, s. 14.] (Cap. 181.) Intercourse with girl under 13. [cf. 1956 c. 69, s. 5.] Intercourse with girl under 16. [cf. 1956 c. 69, s. 6.] (Cap. 181.) Intercourse with defective. [cf. 1956 c. 69, s. 7.] Abduction of unmarried girl under 16. [cf. 1956 c. 69, s. 20.] Abduction of unmarried girl under 18 for sexual intercourse. [cf. 1956 c. 69, s. 19.] Abduction of defective from parent or guardian for sexual intercourse. [cf. 1956 c. 69, s. 21.] Trafficking to or from Hong Kong in women. Control over woman for purpose of unlawful sexual intercourse or prostitution. Causing prostitution of woman. [cf. 1956 c. 69, s. 22.] Procurement of woman under 21. [cf. 1956 c. 69, s. 23.] Procurement of defective. [cf. 1956 c. 69, s. 9.] Detention of woman for intercourse or in vice establishment. [cf. 1956 c. 69, s. 24.] Causing or encouraging prostitution of, intercourse with, or indecent assault on, girl under 16. [cf. 1956 c. 69, s. 28.] (Cap. 290.) Causing or encouraging prostitution of defective. [cf. 1956 c. 69, s. 29.] Man living on earnings of prostitution. [cf. 1956 c. 69, s. 30.] Woman exercising control over prostitute. [cf. 1956 c. 69, s. 31.] Keeping a vice establishment. [cf. 1956 c. 69, s. 33.] Permitting girl under 13 to resort to or be on premises or vessel for intercourse. [cf. 1956 c. 69, s. 25.] Permitting girl under 16 to resort to or be on premises or vessel for prostitution or intercourse. [cf. 1956 c. 69, s. 26.] Permitting defective to resort to or be on premises or vessel for prostitution or intercourse. [cf. 1956 c. 69, s. 27.] Letting premises for use as a vice establishment. [cf. 1956 c. 69, s. 34.] Tenant etc. permitting premises or vessel to be kept as a vice establishment. [cf. 1956 c. 69, s. 35(1).] Tenant etc. permitting premises or vessel to be used for prostitution. [cf. 1956 c. 69, s. 36.] Indecent conduct towards child under 14. [cf. 1960 c. 33, s. 1(1).] Soliciting for an immoral purpose. Indecency in public. Conviction for offence other than that charged. Schedule. Proof of exceptions. [cf. 1956 c. 69, s. 47.] Power of search in case of man living on earnings of prostitution. [cf. 1956 c. 69, s. 42.] General power of search and seizure. Seizure and forfeiture in respect of vice establishment. Restrictions on evidence at trials for rape etc. [cf. 1976 c. 82, s. 2.] Application of s. 154 to committal proceedings. District Court and summary trials. [1976 c. 82, s. 3.] (Cap. 227.) (Cap. 226.) Anonymity of complainants in rape etc. cases. [1976 c. 82, s. 4.] [1976 c. 82, s. 5(2).] [1976 c. 82, s. 5(3).] Offences and proceedings. [1976 c. 82, ss. 4(5), 5(4)-(5), 6(6).] Application of ss. 156 and 157 to trials by courts-martial. [cf. 1976 c. 82, ss. 5(1), 6(4)-(6).] [cf. 1976, c. 82, s. 5(6).] Transitional provisions. [cf. 1976 c. 82, s. 7(5).] (25 of 1978.) (32 of 1979.) [*11.5.79.] Loitering.

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