Hong Kong Ordinances

BANKING ORDINANCE - SECT 94

Liability in tort for inducing persons to make a deposit in certain cases

(1) Any person who, by any fraudulent, reckless or negligent
misrepresentation, induces another person to make a deposit with him or any
other person shall be liable to pay compensation to the person so induced for
any pecuniary loss that such person has sustained by reason of his reliance on
that misrepresentation.

(2) For the purposes of subsection (1), "fraudulent, reckless or negligent
misrepresentation" (有欺詐成分、罔顧後果或疏忽的失實陳述)
means-

   (a)  any statement-

        (i)    which, to the knowledge of the maker of the statement, was
               false, misleading or deceptive;

        (ii)   which was false, misleading or deceptive and was made
               recklessly; or

        (iii)  which was false, misleading or deceptive and was made without
               reasonable care having been taken to ensure its accuracy;

   (b)  any promise-

        (i)    which the maker of the promise had no intention of fulfilling;

        (ii)   which, to the knowledge of the maker of the promise, was not
               capable of being fulfilled; or

        (iii)  which was made recklessly or without reasonable care having
               been taken to ensure that it could be fulfilled;

   (c)  any forecast-

        (i)    which, to the knowledge of the maker of the forecast, was not
               justified on the basis of facts known to him at the time when
               he made it; or

        (ii)   which was not justified on the facts known to the maker of the
               forecast at the time when he made it and was made recklessly or
               without reasonable care having been taken to ascertain the
               accuracy of those facts; or

   (d)  any statement or forecast from which the maker intentionally,
        recklessly or negligently omitted a material fact with the result that
        the statement or forecast was thereby rendered false, misleading or
        deceptive.

(3) For the purposes of this section, where any statement, promise or forecast
to which this section relates was made by a company, every person who was a
director or controller of the company at the time when the statement, promise
or forecast was made shall, until the contrary is proved, be deemed to have
caused or permitted it to be made.

(4) This section does not affect any liability of any person at common law.

(5) An action may be brought under this section notwithstanding that the
evidence on which the action is or will be based, if substantiated, discloses
the commission of an offence and no person has been charged with or convicted
of the offence.

(6) For the purposes of this section "company" (公司) means, in addition to
a company as defined in section 2, any other body of persons, corporate or
unincorporate. (Enacted 1986) "fraudulent, reckless or negligent
misrepresentation" (有欺詐成分、罔顧後果或疏忽的失實陳述)

"company" (公司)