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11.6
Similar amendments were proposed to the Securities and Commodities Trading Ordinances. An in-depth position paper has been prepared by the Commercial Crime Unit with specific proposals for the consideration of the Standing Liaison Committee.
Jurisdiction to prosecute crimes where any material element is committed in Hong Kong
11.7
As reported in Chapter XI of FCC Report No. 4, the Standing Liaison Committee wrote to the Commonwealth Fraud Officer and to the Foreign and Commonwealth Office to seek their comments on a proposal to give Hong Kong courts jurisdiction to try an offence where any material element of that offence was committed in Hong Kong, although the actual offence itself was committed abroad. The Commonwealth Fraud Officer has replied and a paper has been completed by the Commercial Crime Unit, analysing existing cases and considering amendments to the existing law. The Standing Liaison Committee will consider this position paper at its next meeting with a view to formulating legislative proposals.
Inertia selling
11.8
"Inertia selling" involves local companies sending invoices which resemble bills to persons, who have not bought the goods listed, in foreign countries thus misleading them into effecting actual payment.
11.9
A Post Office (Amendment) Bill was submitted to the Executive Council in July 1985. The purpose of the Bill was to make it an offence to post any bill, invoice or statement of account due, or any document which could be mistaken for the same, for unsolicited goods or services unless the document has a clear notice stating that it is not a bill but merely a solicitation. The Council advised that
(a) the proposals should be re-submitted
after consultation with the Chamber of Commerce and trade organisations;
(b)
the wording of the proposed notice should be reconsidered; and
(c)
the fines should be increased from $500 to a realistic level.
The Secretary for Economic Services is now taking the necessary follow-up action.