Conspiracy to defraud

 

Definition

Conspiracy to defraud is not a statutory offence in Hong Kong. Nevertheless, the case Mo Yuk Ping v HKSAR provides that one can be guilty of the offence by-

• Entering into an agreement with another or others to use dishonest means-
  1. with the purpose of causing economic loss to, or putting at risk the economic interest of another; or
  2. with the realization that the use of those means may cause such loss or put such interests at risk.

Conspiracy to defraud also covers cases in which the dishonest means cause a person to act contrary to his public duty.

 

Here are a few points to note:

• Referring to the above definition, the offence can be constituted by merely entering into an agreement to act dishonestly. Conspiracy to defraud criminalizes the agreement itself; the actual dishonest conduct is not essential.
• Although the offence contains the word ‘defraud’, there is no requirement to deceive. One would be considered to have committed conspiracy to defraud as long as he/ she agrees to perform the aforementioned dishonest conduct.

 

For legal advice and legal services on criminal matters, please contact Chow & Cheung, Hong Kong solicitors & notary public (E-mail: cac@ccsn.hk).

Website: www.ccsn.hk

 

 

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