Theft (Amendment) Bill 1998
Amend the Theft Ordinance.
Enacted by the Legislative Council.
1. Short title
This Ordinance may be cited as the Theft (Amendment) Ordinance 1998.
2. Other definitions
Section 8(2) of the Theft Ordinance (Cap. 210) is amended---
(a) in the definition of "gain" and "loss", by adding ", except in section 16A," before "to be construed";
(b) in the definition of "獲益" and "損失", in paragraph (b)---
(i) by repealing "能會";
(ii) by repealing "放棄" and substituting "失去".
3. Section added
The following is added before section 17---
"16A. Fraud
(1) If any person by any deceit (whether or not the deceit is the sole or main inducement) and with intent to defraud induces another person to commit an act or make an omission, which results either---
(a) in benefit to any person other than the second-mentioned person; or
(b) in prejudice or a substantial risk of prejudice to any person other than the first-mentioned person,
the first-mentioned person commits the offence of fraud and is liable on conviction upon indictment to imprisonment for 14 years.
(2) For the purposes of subsection (1), a person shall be treated as having an intent to defraud if, at the time when he practises the deceit, he intends that he will by the deceit (whether or not the deceit is the sole or main inducement) induce another person to commit an act or make an omission, which will result in either or both of the consequences referred to in paragraphs (a) and (b) of that subsection.
(3) For the purposes of this section---
"act" (作為) and "omission" (不作為) include respectively a series of acts and a series of omissions;
"benefit" (利益) includes any benefit or gain---
(a) whether temporary or permanent;
(b) whether financial or non-financial;
(c) whether proprietary or non-proprietary;
"deceit" (欺騙) means any deceit (whether deliberate or reckless) by words or conduct (whether by any act or omission) as to fact or as to law, including a deceit relating to the past, the present or the future and a deceit as to the intentions or opinions of the person practising the deceit or of any other person;
"gain" (獲益) includes a gain by keeping what one has, as well as a gain by getting what one has not;
"loss" (損失) includes a loss by not getting what one might get, as well as a loss by parting with what one has;
"prejudice" (不利) includes any prejudice or loss---
(a) whether temporary or permanent;
(b) whether financial or non-financial;
(c) whether proprietary or non-proprietary.
(4) This section shall not affect or modify the offence at common law of conspiracy to defraud.".
4. Obtaining property by deception
Section 17(4) is amended, in the definition of "deception", by adding "語言" before "文字".
Consequential Amendments
Independent Commission Against Corruption Ordinance
5. Power of arrest
Section 10(5) of the Independent Commission Against Corruption Ordinance (Cap. 204) is amended---
(a) by adding---
"(ba) the offence of fraud under section 16A of the Theft Ordinance (Cap. 210);";
(b) in paragraph (f), by adding "(ba)," after "(b),";
(c) in paragraph (g), by adding "(ba)," after "(b),".
Organized and Serious Crimes Ordinance
6. Offences relevant to definitions of "organized
crime" and "specified offence"
Schedule 1 to the Organized and Serious Crimes Ordinance (Cap. 455) is amended, in paragraph 12, by adding before "section 17"---
"section 16A fraud".
Criminal Jurisdiction Ordinance
7. Offences to which this Ordinance applies
Section 2(2)(a) of the Criminal Jurisdiction Ordinance (Cap. 461) is amended by adding before "section 17"---
"section 16A (fraud)".
Merchant Shipping (Seafarers) Ordinance
8. Forgery, etc. of certificate
Section 128(3) of the Merchant Shipping (Seafarers) Ordinance (Cap. 478) is amended by repealing "a conspiracy to commit such an offence" and substituting "the offence of fraud under section 16A of the Theft Ordinance (Cap. 210) in relation to a certificate of competency, or of a conspiracy to commit any such offence,".
Merchant Shipping (Seafarers) (Certification of
Officers) Regulation
9. Offences and penalties
Section 17(3) of the Merchant Shipping (Seafarers) (Certification of Officers) Regulation (Cap. 478 sub. leg.) is amended by repealing "a conspiracy to commit such an offence" and substituting "the offence of fraud under section 16A of the Theft Ordinance (Cap. 210) in relation to a certificate of competency or a certificate of service, or of a conspiracy to commit any such offence,".
Merchant Shipping (Seafarers) (Engine Room Watch Ratings) Regulation
10. False pretences and supply of false information
Section 7(2) of the Merchant Shipping (Seafarers)(Engine Room Watch Ratings) Regulation (Cap. 478 sub. leg.) is amended by repealing "a conspiracy to commit such an offence or of a conspiracy to defraud in relation to a document referred to in that subsection" and substituting "the offence of fraud under section 16A of the Theft Ordinance (Cap. 210) in relation to a document referred to in subsection (1), or of a conspiracy to commit any such offence, or of a conspiracy to defraud in relation to a document referred to in subsection (1)".
Merchant Shipping (Seafarers) (Navigational Watch Ratings) Regulation
11. False pretences and supply of false information
Section 7(2) of the Merchant Shipping (Seafarers) (Navigational Watch Ratings) Regulation (Cap. 478 sub. leg.) is amended by repealing "a conspiracy to commit such an offence or of a conspiracy to defraud in relation to a document referred to in that subsection" and substituting "the offence of fraud under section 16A of the Theft Ordinance (Cap. 210) in relation to a document referred to in subsection (1), or of a conspiracy to commit any such offence, or of a conspiracy to defraud in relation to a document referred to in subsection (1)".
Explanatory Memorandum
The main object of this Bill is to amend the Theft Ordinance (Cap. 210), so as to create the offence of fraud under the laws of Hong Kong, in the light of the recommendations of the Law Reform Commission of Hong Kong in its report entitled "Creation of a Substantive Offence of Fraud".
2. Clause 2(a) amends section 8 of the principal Ordinance, to provide for the inclusion of the offence of fraud in the principal Ordinance.
3. Clause 3 adds new section 16A to the principal Ordinance. The new section provides for the offence of fraud and defines, among others, the key elements of "deceit" and "intent to defraud", as well as "benefit" and "prejudice". It also provides that the common law offence of conspiracy to defraud will not be affected or modified by the creation of the proposed offence of fraud.
4. Clauses 2(b) and 4 introduce miscellaneous amendments to the Chinese text of the principal Ordinance.
5. Clauses 5 to 11 deal with consequential amendments by adding references to the new offence of fraud in appropriate legislation.
