XN000022-1996-11-08 — Page 6

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there are practical difficulties in bringing the charge of conspiracy to defraud, e.g. trials tend to be more complicated and lengthy than those of other offences;

where fraud has a foreign element, an analysis of factual issues relating to jurisdiction (such as, where the offence took place) can present difficulties both before and during trial; and

extradition from certain countries may be unavailable in conspiracy to defraud cases.

The spokesman pointed out that the advantage of a new offence of fraud is that it would enable an individual acting alone to be properly charged with a substantive offence, without the necessity of involving a secondary participant.

The new offence would also avoid the artificiality of the present conspiracy to defraud charge where the fraud has actually been committed and the fraudster has achieved his ends.

It would also place fraudulent conduct within more precise bounds by tying it to deceit rather than dishonesty, he said.

He noted that the new offence of fraud would correspondent to what most people believe should be the law and would be a welcome contribution to the fight against crime, adding to Hong Kong's reputation as international financial centre.

End

Factory audit checks to enhance HK's textiles control

To protect the integrity of Hong Kong's Textiles Export Control System and the Certification System and to further improve control, factory audit checks will be carried out on manufacturers, subcontractors and exporters of textiles goods to supplement the existing consignment check system with immediate effect, the Trade Department announced today (Friday).

Also with immediate effect, the Trade Department will make the requirement of compliance with the factory audit checks an additional condition for the issue of export licence and certificate of origin.