1964_THEFT_ORDINANCE — Page 11

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CAP. 210]

(Cap. 155.)

(Cap. 155)

(Cap. 32.)

Obtaining services by deception.

1978, c. 31, s. 1.

Evasion of liability by deception.

1978, c. 31, 8. 2.

Theft

[1986 Ed.

(ii) which is not licensed under section 16 of the Bank- ing Ordinance:

"deception" has the same meaning as in section 17;

"deposit-taking company" has the same meaning as in section 2(1)

of the Banking Ordinance;

"subsidiary" has the same meaning as in the Companies Ordinance.

(Replaced, 46 of 1986, s. 2)

18A. (1) A person who by any deception (whether or not such deception was the sole or main inducement) dishonestly obtains services from another shall be guilty of an offence and shall be liable on conviction upon indictment to imprisonment for 10 years.

(2) It is an obtaining of services where the other is induced to confer a benefit by doing some act, or causing or permitting some act to be done, on the understanding that the benefit has been or will be paid for.

(3) For the purposes of this section, "deception" has the same meaning as in section 17.

(Added, 45 of 1980, s. 3)

18B. (1) Subject to subsection (2), where a person by any deception (whether or not such deception was the sole or main inducement)--

(a) dishonestly secures the remission of the whole or part of

any existing liability to make a payment, whether his own liability or another's;

(b) with intent to make default (whether the default is per- manent or otherwise) in whole or in part on any existing liability to make a payment, or with intent to let another do so, dishonestly induces the creditor or any person claiming payment on behalf of the creditor to wait for payment (whether or not the due date for payment is deferred) or to forgo payment; or

(c) dishonestly obtains any exemption from or abatement of

liability to make a payment,

he shall be guilty of an offence and shall be liable on convic- tion upon indictment to imprisonment for 10 years.

(2) For the purposes of this section "liability" means legally enforceable liability; and subsection (1) shall not apply in relation to a liability that has not been accepted or established to pay compen- sation for a wrongful act or omission.

(3) For the purposes of subsection (1)(b) a person induced to take in payment a cheque or other security for money by way of conditional satisfaction of a pre-existing liability is to be treated not as being paid but as being induced to wait for payment.