Hong Kong Ordinances

CRIMES ORDINANCE - SECT 159A

The offence of conspiracy

PART XIIA

PRELIMINARY OFFENCES

Conspiracy

(1) Subject to the following provisions of this Part, if a person agrees with
any other person or persons that a course of conduct shall be pursued which,
if the agreement is carried out in accordance with their intentions, either-

   (a)  will necessarily amount to or involve the commission of any offence or
        offences by one or more of the parties to the agreement; or

   (b)  would do so but for the existence of facts which render the commission
        of the offence or any of the offences impossible, he is guilty of
        conspiracy to commit the offence or offences in question.

(2) Where liability for any offence may be incurred without knowledge on the
part of the person committing it of any particular fact or circumstance
necessary for the commission of the offence, a person shall nevertheless not
be guilty of conspiracy to commit that offence by virtue of subsection (1)
unless he and at least one other party to the agreement intend or know that
that fact or circumstance shall or will exist at the time when the conduct
constituting the offence is to take place.

(3) In this section "offence" (罪行) means any offence triable in Hong Kong
and includes murder notwithstanding that the murder in question would not be
so triable if committed in accordance with the intentions of the parties to
the agreement. (Part XIIA added 49 of 1996 s. 2)

"offence" (罪行)