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thought appropriate to charge an offence under Section 17.
Although it is also an offence under Section 18 of the
Theft Ordinance to obtain dishonestly an overdraft by
deception, the better view is that the new loan, in my
example, does not fall to be dealt with as an overdraft.
4.
Nor are any of the provisions in the Theft
Ordinance, such as the offence of obtaining services by
deception, procuring the execution of a valuable security
by deception or furnishing false information, thought to
fit the kind of transaction in my example. The best
course therefore is to enact new provisions to make these
and similar activities criminal, as they should be, and the
Theft (Amendment) Bill 1986 is designed to achieve this
object.
5.
Clause 2 of this Bill makes it an offence to
obtain by deception credit from banks or deposit-taking
companies. Clause 3 of the Bill creates a new offence for
a person dishonestly to procure by deception the making
of an entry in the record of a bank or deposit-taking
company.
The two new provisions will bring the fraudulent
activity of obtaining credit by deception clearly within the
ambit of the criminal law.
16.
The