Offences of passing, etc. counterfeit notes and coins

Offences of passing, etc. counterfeit notes and coins

Under section 99 of the Crimes Ordinance (Cap. 200), a person commits an offence if he passes or tenders a counterfeit note and coin as genuine, which he knows or believes to be counterfeit. A person also commits an offence if he delivers such counterfeit notes or coins intending that they will be further passed or tendered as genuine. 

The maximum penalty is 14 years’ imprisonment. 

In addition, if a person simply delivers to another counterfeit notes and coins without lawful authority or excuse, even if he does not pass or tender them as genuine, he would still be liable for the offence and subject to a maximum penalty of 3 years imprisonment. 

If someone has a counterfeit note or coin in their possession or under their control solely for the purpose of handing it over to the police, this is regarded as a lawful authority or excuse. The fact that the defendant did not hand it to the police at the first available opportunity does not stop them from relying on this defence. It remains a matter for the jury to decide.