LEGAL FRAMEWORK
Offences of dishonesty in Hong Kong are primarily governed by the Theft Ordinance (Cap. 210), the Crimes Ordinance (Cap. 200), and common law principles. The prosecution carries the absolute burden of proving both the specific physical acts (actus reus) and the requisite mental state (mens rea), including dishonesty, for each distinct charge.
LEGAL STANDARD
Legal Standard for Dishonesty
In Hong Kong criminal law, dishonesty is a question of fact determined by the jury, or by the judge or magistrate sitting as the fact-finder. In deciding whether an action was dishonest, the court applies a two-stage test:
- Objective test: Whether, according to the ordinary standards of reasonable and honest people, what was done was dishonest.
- Subjective test: Whether the defendant realised that what they were doing would be regarded as dishonest by the standards of reasonable and honest people.
INDIVIDUAL OFFENCE PAGES
Blackmail
Unwarranted demands with menaces under section 23 of the Theft Ordinance.
Burglary
Entry as a trespasser, the required intent and the two statutory routes to burglary.
Conspiracy to Defraud
The common-law offence of agreeing dishonestly to prejudice another's economic interests.
False Accounting
Dishonest falsification or use of materially misleading accounting records.
Fraud
Using deceit to induce another person to act or refrain from acting, resulting in financial or proprietary benefit, prejudice, or a substantial risk of prejudice.
Obtaining Property by Deception
Dishonestly obtaining another person's property through an effective deception.
Obtaining a Pecuniary Advantage by Deception
Dishonestly obtaining a defined financial advantage through deception.
Handling Stolen Goods
Receiving or assisting with stolen property while knowing or believing it to be stolen.
Robbery
Theft accompanied by force or the threat of immediate force used in order to steal.
Theft
Dishonest appropriation of property belonging to another with intent permanently to deprive.
False Instruments and Credit Cards
Making, using and possessing false instruments under the Crimes Ordinance.