Chapter 35

OFFENCES RELATING TO COIN AND BANK AND CURRENCY NOTES.

362. Definitions.

In this Chapter— (a) “coin” includes any coin coined in any Government mint or lawfully current by virtue of any written law or otherwise in Uganda, or in any part of the Commonwealth, and any coin of a foreign sovereign or State;

(b) “counterfeit coin” means a coin not genuine but resembling or apparently intended to resemble or pass for a genuine coin, and includes a genuine coin prepared or altered so as to pass for a coin of a higher denomination.

363. Counterfeiting coin.

Any person who makes or begins to make any counterfeit coin commits a felony and is liable to imprisonment for life.

364. Preparations for coining.

Any person who— (a) gilds or silvers any piece of metal of a fit size or figure to be coined, with intent that it shall be coined into counterfeit coin;

(b) makes any piece of metal into a fit size or figure to facilitate the coining from it of any counterfeit coin, with intent that such counterfeit coin shall be made from it; or

(i) buys, sells, receives, pays or disposes of any counterfeit coin at a lower rate than it imports or is apparently intended to import, or offers to do any such thing;

(ii) brings or receives into Uganda any counterfeit coin, knowing it to be counterfeit;

(iii) makes or mends, or begins or prepares to make or mend, or has in his or her possession, or disposes of any stamp or mould which is adapted to make the resemblance of both or either of the sides of any coin, or any part of either side of a coin, knowing the same to be a stamp or mould or to be so adapted;

(iv) makes or mends or begins or prepares to make or mend, or has in his or her possession, or disposes of any tool, instrument or machine which is adapted and intended to be used for marking coin round the edges with marks or figures apparently resembling those on the edges of any coin, knowing the same to be so adapted and intended; or

(v) makes or mends or begins or prepares to make or mend, or has in his or her possession, or disposes of any press for coinage, or any tool, instrument or machine which is adapted for cutting round blanks out of gold, silver or other metal, knowing such press, tool, instrument or machine to have been used or to be intended to be used for making any counterfeit coin, commits a felony and is liable to imprisonment for life.

365. Making or having in possession paper or implements for forgery.

Any person who, without lawful authority or excuse, the proof of which lies on him or her— (a) makes, uses or knowingly has in his or her custody or possession any paper intended to resemble and pass as a special paper such as is provided and used for making any bank note or currency note;

(b) makes, uses or knowingly has in his or her 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 any way makes upon any plate, wood, stone or other material, any words, figures, letters, marks, lines or devices, the print of which 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 currency note;

(d) uses or knowingly has in his or her 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 any way made as aforesaid; or

(e) uses or knowingly has in his or her custody or possession any paper upon which any such words, figures, letters, marks, lines or devices have been printed or in any way made as aforesaid, commits a felony and is liable to imprisonment for seven years.

366. Clipping.

Any person who deals with any coin in such a manner as to diminish its weight with intent that when so dealt with it may pass as coin commits a felony and is liable to imprisonment for seven years.

367. Melting down of currency.

(1) Any person who melts down, breaks up, defaces by stamping thereon any name, word or mark or uses otherwise than as currency any silver coin current for the time being in Uganda commits a misdemeanour and is liable to imprisonment for six months or to a fine not exceeding two thousand shillings or to both such imprisonment and fine; except that any officer of the Government or the manager of any bank who receives during the performance of his or her duties any coin which he or she has reasonable ground for believing to be counterfeit coin shall impound such coin and transmit it to the treasury officer of accounts, who may cut, deface or destroy it with or without compensation, as he or she thinks fit, if in his or her opinion it is counterfeit.

(2) The decision of the treasury officer of accounts that a coin is counterfeit and that compensation should be granted or withheld shall be final, and no person shall be entitled to claim, and no proceedings or action shall be brought against the treasury officer of accounts or the Government in respect of any loss or damage suffered by reason of such impounding and cutting, defacing or destruction.

368. Possession of clippings.

Any person who unlawfully has in his or her possession or disposes of any filings or clippings of gold or silver, or any gold or silver in bullion, dust, solution, or any other state, obtained by dealing with gold or silver coin in such a manner as to diminish its weight, knowing the same to have been so obtained, commits a felony and is liable to imprisonment for seven years.

369. Uttering counterfeit coin.

Any person who utters any counterfeit coin, knowing it to be counterfeit, commits a misdemeanour.

370. Repeated uttering.

Any person who— (a) utters any counterfeit coin, knowing it to be counterfeit, and at the time of such uttering has in his or her possession any other counterfeit coin;

(b) utters any counterfeit coin, knowing it to be counterfeit, and either on the same day or on any of the ten days next ensuing, utters any other counterfeit coin, knowing it to be counterfeit; or

(c) receives, obtains or has in his or her possession any counterfeit coin, knowing it to be counterfeit, with intent to utter it, commits a felony and is liable to imprisonment for three years.

371. Uttering metal or coin not current as coin.

(1) Any person who, with intent to defraud, utters as and for coin any metal or piece of metal commits a misdemeanour and is liable to imprisonment for one year.

(2) Any person who, with intent to defraud, utters as and for coin lawfully current in Uganda by virtue of any written law or otherwise, any coin not so lawfully current commits a misdemeanour and is liable to imprisonment for one year.

372. Exporting counterfeit coin.

Any person who, without lawful authority or excuse, the proof of which lies on him or her, exports or puts on board of a vessel or vehicle of any kind, for the purpose of being exported from Uganda, any counterfeit coin, knowing it to be counterfeit, commits a misdemeanour.

373. Selling articles bearing designs in imitation of currency.

Any person who, without lawful authority or excuse, the proof of which lies upon him or her, sells or offers or exposes for sale any article which bears a design in imitation of any currency or bank note or coin in current use in Uganda or elsewhere commits an offence and is liable to imprisonment for five years.

374. Forfeiture.

When any person is convicted of an offence under this Chapter or Chapter XXXIV, the court shall order the forfeiture to the Government of any forged bank note or currency note or of any counterfeit coin or any stamp, mould, tool, instrument, machine, press or any coin, bullion or metal or any article bearing a design in imitation of any currency note, bank note or coin used or employed in the commission of any such offence.

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