Victims of Internet Fraud: What You Can Do?
Report to the Hong Kong Police and the Relevant Bank
Once the victims have discovered the fraud, the victims should immediately report the fraud to the local police and the remitting and receiving bank of the funds, which the victims have been duped into remittances or transferred.
Victims should also write a chronology of events that led to the discovery of the fraud and retain and prepare a set of copies of the documents and email correspondences relating to the incident so that they can be readily sent to the police, relevant bank and solicitors.
If the Hong Kong Police suspect that the funds are the proceeds of crime (i.e. fraud), they will often issue a 'no consent letter' to the bank holding the funds and directing the bank not to deal with the funds in the account.
However, it is up to the bank to decide whether it would adhere to the no consent letter to freeze the bank account and not to deal with the funds in the account.
Further, even if the bank account has been frozen, neither the Hong Kong Police nor the bank would help the victims to recover their funds. The Police would usually inform the victims to take out civil proceedings in the Hong Kong courts for recovery of their funds.
Urgent Freezing Order Injunction
If the bank has decided not to freeze the bank account, then victims should consider applying to the Hong Kong Court for an urgent injunction to freeze the bank account so that the funds in the account cannot be transferred or remitted elsewhere by the fraudster.
Recovery of Funds
After the bank account has been frozen, civil proceedings should be taken against the fraudster for recovery of the funds in the account. If judgment could be obtained in favour of the victims, then they will have to apply to the Court to enforce the judgment by way of garnishee proceedings for the bank to release the funds in the account to the victims.
For legal advice and services on internet fraud, urgent freezing order proceedings and recovery and tracing of funds or assets, please contact CHOW & CHEUNG, Hong Kong Solicitors & Notary Public [ Tel: +852 2856 3799 or Email: cac@ccsn.hk]
Website: www.ccsn.hk