OVERVIEW
Blackmail under section 23(1) is committed where a person makes an unwarranted demand with menaces, with a view to gain for themselves or another or with intent to cause loss to another. In ordinary language, it involves using a serious threat or pressure to support a demand for money, property or another property-related advantage.
The offence focuses on the demand and the defendant's purpose. The victim does not have to comply, and the prosecution does not have to prove that the intended gain was obtained or the intended loss occurred.
STATUTORY PROVISIONS
section 23 of the Theft Ordinance (Cap. 210)
The relevant part of the current statutory provision states:
Section 23(1) — Blackmail
A person commits blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose a demand with menaces is unwarranted unless the person making it does so in the belief—(a) that he has reasonable grounds for making the demand; and (b) that the use of the menaces is a proper means of reinforcing the demand.
Section 23(4) — Possession of a blackmail letter or writing
Any person who has in his possession or under his control any letter or writing making any unwarranted demand of any person with menaces shall be guilty of an offence and shall be liable on conviction upon indictment to imprisonment for 10 years.
Application
What the provision means in practice.
In plain English, the prosecution must identify a request or requirement—made by words, writing or conduct—and threats or pressure used to reinforce it. Menaces are not confined to violence and may include threatened reputational, employment, financial or legal consequences.
The defendant must act with a view to gain for any person or with intent to cause loss. The demand is unwarranted unless the defendant actually believes both that reasonable grounds exist for making it and that the menaces are a proper way to reinforce it.
ELEMENTS OF THE OFFENCE
A demand
The defendant made a request or requirement. It may be express or implied and communicated in writing, by speech or through conduct; no special formula is required.
Menaces
The demand was accompanied by serious threats or pressure. Ordinarily, the question is whether the words or conduct were capable of influencing a person of normal stability and courage. If the particular victim was unusually vulnerable, menaces may also be established where the defendant knew the likely effect on that victim.
The demand was unwarranted
The defendant did not hold both statutory beliefs: that there were reasonable grounds for making the demand and that using the menaces was a proper means of reinforcing it. A genuine claim to a debt does not by itself justify improper threats.
View to gain or intent to cause loss
The defendant acted with a view to gain for themselves or another, or intended loss to another. Under section 8(2), gain and loss concern money or other property, may be temporary or permanent, and include keeping what one has or not obtaining what one might obtain.
KEY LEGAL CONCEPTS
What amounts to a demand with menaces?
A demand can be direct or indirect. It may be conveyed in a letter, message, conversation or conduct—for example, deliberately causing trouble while demanding a protection payment.
Menaces extend beyond threats of physical violence. A threat to reveal true information, report a person to the authorities, damage a reputation or cause employment or financial consequences may qualify. The threatened act need not itself be unlawful: the court examines how the threat is used to reinforce the demand.
- Ordinary-person test: Would the threat or pressure be capable of causing an ordinary person of normal stability and courage to comply?
- Known vulnerability: Even if it would not affect an ordinary person, it may amount to menaces where it affected the victim and the defendant knew of its likely effect.
- No successful payment required: The recipient need not comply with the demand for the offence to be complete.
Penalty
Maximum Penalties
- Blackmail under section 23(1): a maximum of 14 years' imprisonment on conviction upon indictment.
- Possession or control of a blackmail letter or writing under section 23(4): a maximum of 10 years' imprisonment on conviction upon indictment.
HOW MCS CAN ASSIST
Advice and representation
MCS can assess the charge, the statutory elements and the prosecution evidence; advise on interview, plea, trial and sentence; and identify any defence or evidential issue available on the facts.