Fraud and Conspiracy to defraud

Former Executive Council member and high-flying businessman Barry Cheung was sentenced to four years of prison for fraud and conspiracy to defraud. He was also disqualified from acting as a company director for the next five years because of his attempt with the chief financial officer to defraud the market regulator as the chairman of the Hong Kong Mercantile Exchange, in the Exchange’s statements, to keep the Exchange afloat. He was also charged for fraud because he induced a finance company represented by his trusted friend to lend HK$30 million to his company by falsely representing to his friend that he had pledged the share certificate for the loan. Although Barry Cheung pled not guilty for both charges, the judge did not on the evidence, believed in his denial of intention to commit the crimes.

Hong Kong courts rely on common law in the offence of conspiracy to defraud, which is punishable under s.159C(6) of the Crimes Ordinance (Cap.200) for 14 years of imprisonment. The prosecution is responsible to prove that the accused conspired to do the unlawful act with an intention of the defendant to participate in the defraud scheme whereas fraud is governed by s.16A of the Theft Ordinance (Cap.210). Convicted person shall be liable to 14 years of imprisonment. Fraud is conducted when a person deceit another to act in way such that the accused obtains a benefit and causes a loss to the other person as a consequence.

Ms. Ngan is on the panel of Solicitors for the Legal Aid Department of criminal matters, matrimonial/family law, employee compensation, personal injury, medical negligence, and land disputes and has participated in cases related to the Hague Convention on the Abduction of Children, which involved parental abduction of children in and out of the country. In addition, she provides legal advice to clients concerning marriage or relationship breakdown, drafts pre-nuptial and post-nuptial agreements, separation deeds and divorce agreements, and assists to delete non-biological father’s name on birth certificate. Ms Ngan is also experienced in handling void marriage petition, unreasonable behavior divorce petitions, litigation regarding the validity of the Enduring Power of Attorney (EPA), applying for Guardianship Order, Debt-related legal advices, employees’ violations of fiduciary duties such as conflict of interests and breach of confidentiality, applications for Dependent Visas, Company, Shares and Property transfers Due Diligence Check, Building Mortgages, Re-mortgage of public housing flats/HOS units, handling landlord-tenant dispute cases, Adverse Possession, cases involving investigations by the Independent Commission Against Corruption, Immigration Department or Police Force, traffic crime cases, criminal defense or mitigation, probate application for Hong Kong residents who have died outside Hong Kong, civil litigation and debt claims, etc.

If necessary, you can also apply for legal aid. Ms. Ngan is a member of the lawyers at the Legal Aid Department for Criminal, Divorce/Family Law, Employees’ Compensation, Personal Injury, Medical Negligence, and Land Disputes. If legal aid is approved, the aided person has the right to choose a lawyer to represent.

Please feel free to contact us at 69776708 for Mr Lam or make an appointment.

Leave a Reply

Your email address will not be published. Required fields are marked *