Offences involving the custody or control of counterfeit notes and coins
It is an offence under section 100 of the Crimes Ordinance (Cap. 200) if a person has custody or control of counterfeiting notes and coins (which he knows or believes to be counterfeit), with the intention that those would be passed or tendered as genuine, or to be delivered to another person for such purpose. The maximum penalty is 14 years’ imprisonment.
Even if the person does not have any intention to pass, tender, or to deliver the counterfeits, a person would still be liable for the offence if he has custody or control of such without any lawful authority or excuse. The maximum penalty is 3 years’ imprisonment.
Further, the counterfeit need not to be fully completed or perfected for the offence to be committed.
The meaning of custody and control does not only mean physical custody at the moment. If a person knowingly put the counterfeit notes or coins at a place or with someone, he would still be considered as having custody or control of the counterfeits.
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