FRIDAY, JUNE 13, 1980
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FRAUD LAW TO BE CLARIFIED
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PROPOSED AMENDMENTS TO THE THEFT ORDINANCE WILL CLARIFY THE LAW RELATING TO FRAUDULENT CONDUCT SUCH AS THE OBTAINING OF SERVICES AND THE EVASION OF LIABILITY BY DECEPTION.
THEY ALSO CREATE THE OFFENCE OF MAKING OFF WITHOUT PAYMENT F COMMONLY KNOWN AS +BILKING+, FOR EXAMPLE WHEN A PERSON AFTER HAVING A MEAL IN A RESTAURANT DISHONESTLY AND WITH INTENT TO AVOID PAYMENT LEAVES WITHOUT PAYING THE BILL.
THE PROPOSALS ARE CONTAINED IN THE THEFT (AMENDMENT) BILL 1980 PUBLISHED IN THE GOVERNMENT GAZETTE TODAY (FRIDAY).
A GOVERNMENT SPOKESMAN SAID THE AMENDMENT BILL WAS AIMED AT IRONING OUT DIFFICULTIES IN THE INTERPRETATION AND APPLICATION OF THE ORDINANCE.
HE EXPLAINED THAT A PROVISION IN THE PRINCIPAL ORDINANCE DER IVED FROM THE THEFT ACT 1968 HAD BEEN CRITICISED AS BEING TOO VAGUE AND WIDE. THIS HAD LED TO CHANGES RECOMMENDED BY THE CRIMINAL LAW REVISION COMMITTEE AND EFFECTED BY THE THEFT ACT OF 1978.
THE PURPOSE OF THE AMENDMENT BILL, HE SAID, IS TO REPEAL ONE SECTION AND TO MAKE NEW PROVISIONS SIMILAR TO THOSE IN THE 1978 ACT WITH SOME MODIFICATIONS.
UNDER THE 1978 ACT A DEBTOR WHO DISHONESTLY BY DECEPTION GAINS MORE TIME TO PAY A DEBT DOES NOT COMMIT AN OFFENCE UNLESS HE INTENDS NEVER TO PAY.
THE SPOKESMAN EXPLAINEDI +THIS MEANS THAT IF THE DEBTOR DISHONESTLY INDUCES HIS CREDITOR TO WAIT FOR PAYMENT BY GIVING HIM A DUD CHEQUE HE WOULD NOT COMMIT AN OFFENCE IF HE INTENDS TO PAY THE DEBT AT SOME OTHER TIME.+
UNDER THE AMENDMENT BILL AN OFFENCE WOULD BE COMMITTED EVEN IF THE DEBTOR INTENDED TO PAY AT A LATER STAGE,
IN A COMMERCIALLY-ORIENTED PLACE LIKE HONG KONG WHERE THE INCIDENCE OF DEFAULTING DEBTORS USING DECEPTION TO AVOID PAYMENT OF LARGE DEBTS IS HIGH, THE IMPLICATIONS ARE TOO GRAVE TO PERMIT SUCH DISHONESTY TO 60 UNPUNISHED.+
HE SAID THAT FOR THIS REASON IT WAS CONSIDERED APPROPRIATE NOT TO FOLLOW THE ENGLISH POSITION,
IN THIS CASE HE SAID, THE NEW PROVISION WOULD MAKE IT AN OFFENCE FOR A PERSON BY DECEPTION DISHONESTLY TO
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SECURE THE REMISSION OF THE WHOLE OR PART OF ANY EXISTING LIABILITY TO MAKE A PAYMENT-
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INDUCE A CREDITOR TO WAIT FOR PAYMENT OR TO FORGO PAYMENT, WITH INTENT TO MAKE PERMANENT OR TEMPORARY DEFAULT IN WHOLE OR IN PART ON ANY EXISTING LIABILITY TO MAKE A PAYMENT, AND
Æ OBTAIN ANY