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WEDNESDAY, FEBRUARY 23, 1994

MR MATHEWS SAID

A PERSON

PUBLISHED AN CITING AN EXAMPLE, ADVERTISEMENT IN HONG KONG INVITING PEOPLE TO INVEST IN A NON-EXISTENT PROPERTY IN AUSTRALIA BY PAYING MONEY INTO AN AUSTRALIAN BANK WOULD NOT COMMIT AN OFFENCE IN HONG KONG IF THE CRIMINAL WITHDREW MONEY IN AUSTRALIA AND BROUGHT HIS ILL-GOTTEN GAINS BACK TO HONG KONG,

THIS WAS BECAUSE THE LAST ACT, THE OBTAINING OF THE TOOK PLACE ABROAD,

ACCOUNT THE

PROCEEDS,

JURISDICTIONAL PROBLEMS MR MATHEWS POINTED OUT THAT SIMILAR

AN OFFENCE MIGHT ARISE IF A PERSON IN HONG KONG ATTEMPTED TO COMMIT

то

AN COMMIT

OFFENCE ELSEWHERE, OR

OR INCITED ANOTHER CONSPIRED ABROAD.

THE COURTS HE SAID THE RULES RELATING TO THE JURISDICTION OF

GLOBAL FINANCIAL MARKETPLACE AND WERE DEVELOPED AT A TIME WHEN THE MODERN, SOPHISTICATED MEANS OF TRANSFERRING MONEY DID NOT EXIST.

THOSE

то DEAL

WITH

DESIGNED

AS

NOT

EFFECTIVELY RULES

EVOLVED HAD INTERNATIONAL FRAUD, WHICH OFTEN INVOLVED COMPLEX OPERATIONS TO CONCEAL DISHONEST CONDUCT AND TO MAKE DETECTION AND CONVICTION DIFFICULT AS POSSIBLE, HE SAID.

MR MATHEWS ADDED THAT THE BILL WAS DESIGNED TO PROBLEMS AND WOULD APPLY TO TWO GROUPS OF OFFENCES.

OVERCOME THE

OFFENCES THE OFFENCES THAT WERE LISTED IN THE BILL AS GROUP A

BY DECEPTION, FALSE WERE BROADLY THE OFFENCES OF THEFT, OBTAINING

UNDER THE ACCOUNTING, MAKING CERTAIN FALSE STATEMENTS AND BLACKMAIL THEFT ORDINANCE, AND FORGERY UNDER PART IX OF THE CRIMES ORDINANCE.

CONSPIRACIES,

ATTEMPTS

THE GROUP B OFFENCES IN THE BILL WERE AND INCITEMENTS TO COMMIT ANY OF THE GROUP A OFFENCES, AND THE OFFENCE OF CONSPIRACY TO DEFRAUD.

MR MATHEWS SAID THERE WAS PROVISION IN THE BILL FOR THE LIST OF THAT HAD ΤΟ OFFENCES TO WHICH IT APPLIED TO BE AMENDED BY AN ORDER BE APPROVED BY THE LEGISLATIVE COUNCIL.

"ADDITIONAL

OFFENCES

MAY, THEREFORE,

BE INCLUDED IN THE ΤΟ LEGISLATION IF EXPERIENCE SHOWS THAT IT IS DESIRABLE AND NECESSARY DO SO. HE NOTED.

T

MR MATHEWS SAID IN RELATION TO THE GROUP .A OFFENCES, THE SUBSTANTIVE OFFENCES INVOLVING FRAUD OR DISHONESTY, THE BILL WOULD MUST ENABLE HONG KONG COURTS TO TRY THOSE OFFENCES IF ANY EVENT THAT

OF THEM TOOK BE

PROVED IN ORDER TO OBTAIN A CONVICTION IN RESPECT PLACE IN HONG KONG.

THAT WAS

OR

SPECIFIED OFFENCES

IN RELATION TO THE GROUP B OFFENCES, THE BILL PROVIDED THAT THE COURTS SHOULD HAVE JURISDICTION IF THERE WAS A CONSPIRACY, ATTEMPT

OF INCITEMENT

KONG TO COMMIT ONE IN HONG ELSEWHERE, AND VICE VERSA, HE ADDED.

THE

/BUT, IN

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