6-
Where two or more persons are involved in fraudulent conduct, it is possible to charge them with conspiracy to defraud. In the absence of a specific offence of fraud, however, similar conduct committed by one person acting alone does not amount to an offence unless it falls within the confines of one of the Theft Ordinance offences, he said.
Mr Stoker said there had been criticism of the law both here and in England. It had been pointed out that it was illogical that an act which was lawful if done by one person should become unlawful simply because more than one person has agreed to commit it. There had also been criticism of the breadth of the conspiracy to defraud charge, which potentially covered almost every type of dishonest conduct.
Mr Stoker said while neither England nor Hong Kong have a general offence of fraud, a number of other jurisdictions have had such an offence for many years.
"The experience of those jurisdictions which possess an offence of fraud is that it works well, and can readily be understood by laymen and lawyers alike," he said.
The Commission proposes the creation of a new offence of fraud. This would be committed by a person who by deceit induces another to follow a course of action resulting in either (a) actual or potential prejudice to another or (b) benefit to the person committing the fraud. The person committing the fraud must know or believe that his deceit is false and must intend his victim to
it.
act upon
The Commission is asking for comments on the paper to be submitted by June 30, 1995. Anyone who wishes a copy of the paper should contact the Secretary to the Commission, fourth floor, Queensway Government Offices, 66 Queensway, Hong Kong. Views on the paper should also be sent to the Secretary at the same address, or by facsimile on 2845 2215.
End/Monday, May 1, 1995
No comments yet.
Private notes are available after approval.