### Theft Ordinance 《盜竊罪條例》

16A. Fraud
(1) 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—
(a) in benefit to any person other than the second-mentioned person; or
(b) in prejudice or a substantial risk of prejudice to any person other than the first-mentioned person,
the first-mentioned person commits the offence of fraud and is liable on conviction upon indictment to imprisonment for 14 years.
(2) For the purposes of subsection (1), a person shall be treated as having an intent to defraud if, at the time when he practises the deceit, he intends that he will by the deceit (whether or not the deceit is the sole or main inducement) induce another person to commit an act or make an omission, which will result in either or both of the consequences referred to in paragraphs (a) and (b) of that subsection.
(3) For the purposes of this section—
act (作為) and omission (不作為) include respectively a series of acts and a series of omissions;
benefit (利益) means any financial or proprietary gain, whether temporary or permanent;
deceit (欺騙) means any deceit (whether deliberate or reckless) by words or conduct (whether by any act or omission) as to fact or as to law, including a deceit relating to the past, the present or the future and a deceit as to the intentions of the person practising the deceit or of any other person;
gain (獲益) includes a gain by keeping what one has, as well as a gain by getting what one has not;
loss (損失) includes a loss by not getting what one might get, as well as a loss by parting with what one has;
prejudice (不利) means any financial or proprietary loss, whether temporary or permanent.
(4) This section shall not affect or modify the offence at common law of conspiracy to defraud.
(Added 45 of 1999 s. 3)

### Theft Ordinance 《盜竊罪條例》

17. Obtaining property by deception
(1) Any person who by any deception (whether or not such deception was the sole or main inducement) dishonestly obtains property belonging to another, with the intention of permanently depriving the other of it, shall be guilty of an offence and shall be liable on conviction upon indictment to imprisonment for 10 years.
(2) For the purposes of this section a person is to be treated as obtaining property if he obtains ownership, possession or control of it, and obtain (取得) includes obtaining for another or enabling another to obtain or to retain.
(3) Section 7 shall apply for the purposes of this section, with the necessary adaptation of the reference to appropriating as it applies for the purposes of section 2.
(4) For the purposes of this section—
deception (欺騙手段) means any deception (whether deliberate or reckless) by words or conduct (whether by any act or omission) as to fact or as to law, including a deception relating to the past, the present or the future and a deception as to the intentions of the person using the deception or any other person. (Amended 10 of 2005 s. 37)
[cf. 1968 c. 60 s. 15 U.K.]

### Theft Ordinance 《盜竊罪條例》

18A. Obtaining services by deception
(1) A person who by any deception (whether or not such deception was the sole or main inducement) dishonestly obtains services from another shall be guilty of an offence and shall be liable on conviction upon indictment to imprisonment for 10 years.
(2) It is an obtaining of services where the other is induced to confer a benefit by doing some act, or causing or permitting some act to be done, on the understanding that the benefit has been or will be paid for.
(3) For the purposes of this section, deception (欺騙手段) has the same meaning as in section 17.
(Added 45 of 1980 s. 3)[cf. 1978 c. 31 s. 1 U.K.]

18B. Evasion of liability by deception
(1) Subject to subsection (2), where a person by any deception (whether or not such deception was the sole or main inducement)—
(a) dishonestly secures the remission of the whole or part of any existing liability to make a payment, whether his own liability or another’s;
(b) with intent to make default (whether the default is permanent or otherwise) in whole or in part on any existing liability to make a payment, or with intent to let another do so, dishonestly induces the creditor or any person claiming payment on behalf of the creditor to wait for payment (whether or not the due date for payment is deferred) or to forgo payment; or
(c) dishonestly obtains any exemption from or abatement of liability to make a payment,
he shall be guilty of an offence and shall be liable on conviction upon indictment to imprisonment for 10 years.
(2) For the purposes of this section liability (法律責任) means legally enforceable liability; and subsection (1) shall not apply in relation to a liability that has not been accepted or established to pay compensation for a wrongful act or omission.
(3) For the purposes of subsection (1)(b) a person induced to take in payment a cheque or other security for money by way of conditional satisfaction of a pre-existing liability is to be treated not as being paid but as being induced to wait for payment.
(4) For the purposes of subsection (1)(c) obtains (取得) includes obtaining for another or enabling another to obtain.
(5) For the purposes of this section, deception (欺騙手段) has the same meaning as in section 17.
(Added 45 of 1980 s. 3)[cf. 1978 c. 31 s. 2 U.K.]

### Theft Ordinance 《盜竊罪條例》

18C. Making off without payment
(1) Subject to subsection (3), a person who, knowing that payment on the spot for any goods supplied or service done is required or expected from him, dishonestly makes off without having paid as required or expected and with intent to avoid payment of the amount due shall be guilty of an offence and shall be liable on conviction upon indictment to imprisonment for 3 years.
(2) For the purposes of this section payment on the spot (即場付款) includes payment at the time of collecting goods on which work has been done or in respect of which service has been provided.
(3) Subsection (1) shall not apply where the supply of the goods or the doing of the service is contrary to law, or where the service done is such that payment is not legally enforceable.
(Added 45 of 1980 s. 3)[cf. 1978 c. 31 s. 3 U.K.]