3
WEDNESDAY, FEBRUARY 9, 1994
BILL ENABLES COURT TO TRY PERSONS FOR CERTAIN CRIMES ABROAD
CRIMINAL
JURISDICTION
BILL,
PROPOSED
TO
OVERCOMB CROSS-
THE DIFFICULTIES IN PROSECUTING PERSONS IN HONG KONG FOR CERTAIN BORDER FRAUD AND DISHONESTY OFFENCES, WAS GAZETTED TODAY (WEDNESDAY).
A SPOKESMAN FOR THE LEGAL DEPARTMENT SAID AT PRESENT, HONG KONG THEY WERE OFTEN COURTS OFTEN COULD NOT TRY THOSE OFFENCES BECAUSE REGARDED AS COMMITTED ABROAD, NOTWITHSTANDING A REAL CONNECTION HONG KONG.
WITH
THE
"IT IS POSSIBLE, THEREFORE, TO PLAN AND ORGANISE IN HONG
CREDIT CARD CERTAIN SUCH AS OFFENCES, COMMISSION OF ELSEWHERE, SAFE FROM PROSECUTION IN HONG KONG,
中申
HE SAID.
KONG FRAUD,
THE SPOKESMAN SAID THE PRESENT RULES ON JURISDICTION ADAPTED ADEQUATELY TO INTERNATIONAL FRAUD.
HAD NOT
MORE THAN ONE OF FACTUAL
"WHERE TRANSACTIONS AND EVENTS TAKE PLACE IN COUNTRY THE PRESENT RULES REQUIRE DETAILED INVESTIGATION ISSUES AND MUCH TECHNICAL LEGAL ARGUMENT, TO DETERMINE WHERE THE CRIME WAS COMMITTED," HE SAID.
INEFFICIENT AND "THE RULES TEND TO FACILITATE FRAUD, AND ARE
THE COSTLY. MUCH TIME CAN BE SPENT BY POLICE, BY PROSECUTORS, AND BY
JUST COURTS ON THE CONSIDERATION OF COMPLEX AND DIFFICULT QUESTIONS,
COURT IN HONG TO DETERMINE WHETHER THE PERSON COULD BE TRIED BY A KONG, HE SAID.
THE SPOKESMAN SAID THE BILL WOULD MAKE THE JUSTICE MORE EFFICIENT AND EFFECTIVE.
ADMINISTRATION
OF
CERTAIN FRAUD AND "IT WILL ENABLE HONG KONG COURTS TO TRY DISHONESTY OFFENCES WHICH ARE COMMITTED OVERSEAS BUT HAVE A CONNECTION WITH HONG KONG.
TT
KONG AND INVITES FOR EXAMPLE, A PERSON ADVERTISES IN HONG
ANOTHER COUNTRY BY PEOPLE TO INVEST IN A NONEXISTENT PROPERTY IN
THERE WILL BE NO PAYING MONEY INTO A BANK ACCOUNT IN THAT COUNTRY.
IN OFFENCE COMMITTED IN HONG KONG IF THE CRIMINAL WITHDRAWS THE MONBY THAT COUNTRY AND BRINGS THE ILL-GOTTEN GAINS BACK TO HONG KONG.
THIS IS BECAUSE THE LAST ACT, THE OBTAINING, TOOK PLACE ABROAD. UNDER THE BILL, THE CRIMINAL COULD BE PROSECUTED IN HONG WHERE THE DECEPTION OCCURRED.
KONG
CONSPIRACIES,
COUNTRY A
THE SPOKESMAN SAID THE BILL WOULD ALSO APPLY TO ATTEMPTS OR INCITEMENTS IN HONG KONG TO COMMIT IN ANOTHER FRAUD SPECIFIED IN THE BILL.
FOR
AT PRESENT, THERE IS NO POWER TO TRY A PERSON IN HONG KONG A CHARGE OF CONSPIRACY TO DEFRAUD WHERE THE FRAUD IS TO TAKE EFFECT IN ANOTHER COUNTRY.
/THE BILL