Hong Kong Ordinances

THEFT ORDINANCE - SECT 18B

Evasion of liability by deception

(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 permanent 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 conviction upon indictment to imprisonment for 10 years.

(2) For the purposes of this section "liability" (法律責任) means legally
enforceable liability; and subsection (1) shall not apply in relation to a
liability that has not been accepted or established to pay compensation 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.

(4) For the purposes of subsection (1)(c) "obtains" (取得) includes
obtaining for another or enabling another to obtain.

(5) For the purposes of this section, "deception" (欺騙手段) has the same
meaning as in section 17. (Added 45 of 1980 s. 3) [cf 1978 c. 31 s. 2 U.K.]

"liability" (法律責任)

"obtains" (取得)

"deception" (欺騙手段)