Offences against the Person. LXIII. Whenever Imprisonment, with ΟΙ without Hard Hard Labour. Labour, may be awarded for any indictable Offence under this Ordinance, the Court may sentence the Offender to be imprisoned, or to be imprisoned and kept to Hard Labour, and in either Case the Sentence shall be carried out in accordance with the Provisions of Ordinance No. 4. of 1863, Section XV. LXIV. Whenever Solitary Confinement may be awarded for any indictable Offence under this Ordinance, the Court may direct the Offender to be kept in Solitary Confinement for any Portion or Portions of his Imprisonment, or of his Imprisonment with Hard Labour, not exceeding One Month at any One Time, and not exceeding Three Months in any One Year; and whenever Whipping may be awarded for any indictable Offence under this Ordinance, the Court may sentence the Offender to be once privately whipped, and the Number of Strokes, which shall in no case exceed Forty, and the Instrument with which they shall be inflicted, shall be specified by the Court in the Sentence. LXV. Whenever any Person shall be convicted of any indictable Misdemeanor, punishable under this Ordinance, the Court may, if it shall think fit, in addition to or in lieu of any Punishment by this Ordinance authorized, 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; and in Case of any Felony, punishable under this Ordinance, otherwise than with Death, the Court may, if it shall think fit, require the Offender to enter into his own Recognizances, and to find Sureties, both or either, for keeping the Peace, in addition to any Punishment by this Ordinance authorized Provided that no Person shall be imprisoned for not finding Sureties under this Section for any Period exceeding One Year. any Solitary Con finement and Whipping. In what Cases Fine and Sureties for keeping the Peace to be awarded. LXVI. No Summary Conviction under this Ordinance shall be No Summary quashed for Want of Form, or be removed by Certiorari, and no Conviction or Warrant to be Warrant of Commitment shall be held void by reason of quashed for Defect therein, provided it be therein alleged that the Party has want of Form. been convicted, and there be a good and valid Conviction to sustain the same. LXVII. Every Offence under this Ordinance made punishable on Summary Conviction by a Police Magistrate shall be prosecuted, tried, and determined in all respects in the Manner directed by Ordinance No. 10. of 1844, and all Provisions contained in the said Ordinance shall be applicable to such Prosecutions in the same Manner as if they were incorporated in this Ordinance : Provided that nothing in this Ordinance contained shall, in any Manner otherwise than as respects the Punishment, alter or affect any Enactment now in Force relating to Procedure in the Case of any Offence punishable on Summary Conviction, or the Recovery or Application of any Penalty or Forfeiture for any such Offence. Procedure in cases of Summary Convic tion. LXVIII. This Ordinance shall commence and take effect on Commence. the Fourteenth Day of June, in the Year One Thousand Eight ment of OrdiHundred and Sixty-Five. nance. Accessories and Abettors. No. 5. OF 1865. Title. Preamble. Accessories before the Fact Accessories before the Fact as such or as substantive Felons. An Ordinance to consolidate and amend the Enactments in WE HEREAS it is expedient to consolidate and amend the Enactments in Force in this Colony relating to Acces'sories to, and Abettors of, Indictable Offences:' Be it enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows: As to Accessories before the Fact. I. Whosoever shall become an Accessory before the Fact to any Felony, whether the same be a Felony at Common Law or by virtue of any Ordinance passed or to be passed, may be indicted, tried, convicted, and punished in all respects as if he were a principal Felon. II. Whosoever shall counsel, procure, or command any other Person to commit any Felony, whether the same be a Felony at may be indicted Common Law or by virtue of any Ordinance passed or to be passed, shall be guilty of Felony, and may be indicted and convicted either as an Accessory before the Fact to the principal Felony, together with the principal Felon, or after the Conviction of the principal Felon, or may be indicted and convicted of a substantive Felony whether the principal Felon shall or shall not have been previously convicted, or shall or shall not be amenable to Justice, and may thereupon be punished in the same Manner as any Accessory before the Fact to the same Felony, if convicted as an Accessory, may be punished. Accessories after the Fact as such or as substantive Felons. As to Accessories after the Fact. III. Whosoever shall become an Accessory after the Fact to any Felony, whether the same be a Felony at Common Law or by may be indicted virtue of any Ordinance passed or to be passed, may be indicted and convicted either as an Accessory after the Fact to the principal Felony, together with the principal Felon, or after the Conviction of the princioal Felon, or may be indicted and convicted of a substantive Felony whether the principal Felon shall or shall not have been previously convicted, or shall or shall not be amenable to Justice, and may thereupon be punished in like Manner as any Accessory after the Fact to the same Felony, if convicted as an Accessory, may be punished. Punishment of Accessories after the Fact. IV. Every Accessory after the Fact to any Felony (except where it is otherwise specially enacted), whether the same be a Felony at Common Law or by virtue of any Ordinance passed or to be passed, shall be liable, at the Discretion of the Court, to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and it shall be lawful for the Court, if it shall think fit, to require the Offender to enter into his own Recognizances Recognizances and to find Sureties, both or either, for keeping As to Accessories generally. V. If any principal Offender shall be in anywise convicted of Prosecution of any Felony, it shall be lawful to proceed against any Accessory, Accessory after either before or after the Fact, in the same Manner as if such Principal convicted, &c. principal Felon had been attainted thereof, notwithstanding such principal Felon shall die, or be pardoned, or otherwise delivered before Attainder; and every such Accessory shall upon Conviction suffer the same Punishment as he would have suffered if the Principal had been attainted. included in VI. Any Number of Accessories at different Times to any Several AccesFelony, and any Number of Receivers at different Times of Pro- sories may be perty stolen at One Time, may be charged with substantive same IndictFelonies in the same Indictment or Information, and may be tried ment or together, notwithstanding the principal Felon shall not be included Information. in the same Indictment or Information, or shall not be in Custody or amenable to Justice. As to Abettors in Misdemeanors. VII. Whosoever shall aid, abet, counsel, or procure the Commission of any Misdemeanor, whether the same be a Misdemeanor at Common Law or by virtue of any Ordinance passed or to be passed, shall be liable to be indicted, tried, and punished as a principal Offender. Abettors in VIII. This Ordinance shall commence and take effect on the CommenceFourteenth Day of June, One Thousand Eight Hundred and ment of OrdiSixty-five. No. 6. oF 1865. nance. An Ordinance to consolidate and amend the Enactments in Title. Forgery. WHEREAS it is expedient to consolidate and amend the Preamble. Enactments in Force in this Colony relating to indictable Offences by Forgery:' Be it enacted by His Excellency the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows : As to forging Her Majesty's Seals, &c. I. Whosoever shall forge or counterfeit, or shall utter, knowing Forging Her the same to be forged or counterfeited, the Great Seal of the Majesty's United Kingdom, Her Majesty's Privy Seal, any Privy Signet Seals, &c., or of Her Majesty, Her Majesty's Royal Sign Manual, any of Her the Public Majesty's Seals appointed by the Twenty-fourth Article of the Seal of the Colony. Forging Seals of Public Departments or Companies. Forging Transfer of Stock or Bank Shares, and Power of Attorney relating thereto. Forgery. Union between England and Scotland to be kept, used, and continued in Scotland, the Great Seal of Ireland, the Privy Seal of Ireland, or the Public Seal of this Colony, or shall forge or counterfeit the Stamp or Impression of any of the Seals aforesaid, or shall utter any Document or Instrument whatsoever, having thereon or affixed thereto the Stamp or Impression of any such forged or counterfeited Seal, knowing the same to be the Stamp or Impression of such forged or counterfeited Seal, or any forged or counterfeited Stamp or Impression made or apparently intended to resemble the Stamp or Impression of any of the Seals aforesaid knowing the same to be forged or counterfeited; or shall forge or alter, or utter knowing the same to be forged or altered, any Document or Instrument having any of the said Stamps or Impressions thereon or affixed thereto, shall be guilty of Felony, and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life or for any Term not less than Three Years,-or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement. II. Whosoever shall forge or counterfeit, or shall utter, knowing the same to be forged or counterfeited, the Seal of any Public Officer, Office, or Department, in this Colony, or the Seal of any Body Corporate in this Colony, or shall forge or counterfeit the Stamp or Impression of any such Seal, or shall utter any Document or Instrument whatsoever, having thereon, or affixed thereto, the Stamp or Impression of any such forged or counterfeited Seal, knowing the same to be the Stamp or Impression of such forged or counterfeited Seal, or any forged or counterfeited Stamp or Impression, made or apparently intended to resemble the Stamp or Impression of any of the Seals aforesaid, knowing the same to be forged or counterfeited, or shall forge, or alter, or utter, knowing the same to be forged or altered, any Document or Instrument having any of the said Stamps or Impressions thereon or affixed thereto, shall be guilty of Felony, and, being convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for any Term not exceeding Fourteen Years and not less than Three Years, or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement. As to forging Transfers of Stock, &c. III. Whosoever shall forge or alter, or shall offer, utter, dispose of, or put off, knowing the same to be forged or altered, any Transfer of any Share or Interest of or in any Stock, Annuity, or other Public Fund which now is or hereafter may be transferable at any Bank or Public Office in this Colony, or of or in the Capital Stock of any Bank or of any Body Corporate, Company, or Society which now is or hereafter may be established by Charter, or by, under, or by virtue of any Act of Parliament or Ordinance, or shall forge or alter, or shall offer, utter, dispose of, or put off, knowing the same to be forged or altered, any Power of Forgery. of Attorney or other Authority to transfer any Share or Interest of or in any such Stock, Annuity, Public Fund, or Capital Stock, or to receive any Dividend or Money payable in respect of any such Share or Interest, or shall demand or endeavour to have any such Share or Interest transferred, or to receive any Dividend or Money payable in respect thereof, by virtue of any such forged or altered Power of Attorney or other Authority, knowing the same to be forged or altered, with Intent in any of the Cases aforesaid to defraud, shall be guilty of Felony, and being convicted thereof, shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life or for any Term not less than Three Years,—or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement. Shares, and IV. Whosoever shall falsely and deceitfully personate any Personating Owner of any Share or Interest of or in any Stock, Annuity, or the Owner of other Public Fund which now is or hereafter may be transferable Stock or Bank at any Bank or Public Office in this Colony, or any Owner of any transferring or Share or Interest of or in the Capital Stock of any Bank or of any receiving, &c., Body Corporate, Company, or Society which now is or hereafter Dividends. may be established by Charter, or by, under, or by virtue of any Act of Parliament or Ordinance, or any Owner of any Dividend or Money payable in respect of any such Share or Interest as aforesaid, or any Owner of any Money deposited in any Savings Bank in this Colony, and shall thereby transfer or endeavour to transfer any Share or Interest belonging to any such Owner, or thereby receive or endeavour to receive any Money due to any such Owner, as if such Offender were the true and lawful Owner, shall be guilty of Felony, and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for Life or for any Term not less than Three Years,-or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement. Stock, &c. Transfer of V. Whosoever shall forge any Name, Handwriting, or Sig- Forging Attesnature purporting to be the Name, Handwriting, or Signature of tation to Power a Witness attesting the Execution of any Power of Attorney or of Attorney for other Authority to transfer any Share or Interest of or in any such Stock, Annuity, Public Fund, or Capital Stock as is in either of the last Two preceding Sections mentioned, or to receive any Dividend or Money payable in respect of any such Share or Interest, or shall offer, utter, dispose of, or put off any such Power of Attorney or other Authority, with any such forged Name, Handwriting, or Signature thereon, knowing the same to be forged, shall be guilty of Felony, and being convicted thereof shall be liable, at the Discretion of the Court, to be kept in Penal Servitude for any Term not exceeding Seven Years, and not less than Three Years,—or to be imprisoned for any Term not exceeding Two Years, with or without Hard Labour, and with or without Solitary Confinement. VI. Whosoever shall wilfully make any false Entry in or Making false wilfully alter any Word or Figure in any of the Books of Account Entries in Bank kept at any Savings Bank in this Colony or by any Body Cor- Books. porate, Company, or Society which now is or hereafter may be Ff established |