OVERVIEW
Online fraud relies on digital deception to persuade a victim to transfer funds voluntarily, disclose sensitive banking credentials or release valuable assets. Whether an offender uses a fake investment application, a spoofed corporate email or a phishing link, the underlying conduct may be prosecuted as fraud under section 16A of the Theft Ordinance (Cap. 210).
The Cyber Security and Technology Crime Bureau (CSTCB) is responsible for technology-crime investigations, computer forensic examinations and cyber-security matters. Online deception represents a substantial source of reported financial loss in Hong Kong, including losses suffered by local and international businesses.
STATUTORY PROVISIONS
section 16A of the Theft Ordinance (Cap. 210)
The relevant part of the current statutory provision states:
Section 16A — Fraud
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 in benefit to any person other than the person induced, or in prejudice or a substantial risk of prejudice to any person other than the accused, the accused commits fraud.
Maximum Penalty
- Fraud: A conviction under section 16A of the Theft Ordinance (Cap. 210) carries a maximum penalty of 14 years' imprisonment on conviction on indictment.
- Related money-laundering charge: A person who allows a bank account to receive fraud proceeds may also be charged under section 25(1) of the Organized and Serious Crimes Ordinance (Cap. 455) if the prosecution proves that the person dealt with property while knowing or having reasonable grounds to believe that it wholly or partly, directly or indirectly, represented the proceeds of an indictable offence. The maximum penalty on conviction on indictment is 14 years' imprisonment and a HK$5,000,000 fine. Please see our Money Laundering page for more information.
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.