Possession of False Instrument
The offence of Possession of False Instrument is provided under section 75 of the Crimes Ordinance (Cap. 200).
There are two categories of possessing a false instrument.
For the first category, it covers a person who has possession of a false instrument, knowing or believing it to be false, with the intention that he or another would use it to induce someone to accept it as genuine and be prejudiced.
The second category covers the scenario where a person who has possession of a false instrument, knowing or believing it to be false without any lawful authority or excuse. One would be liable even if he does not intend to use it.
In both categories, the prosecution would need to prove that the accused knew or believed that the instrument was false.
Possession does not only include physically possessing or holding the instrument. If the person knowingly keeps the false instrument at a place or with some other person, he would still be considered as having custody or control of the instrument under section 77 of the Crimes Ordinance (Cap. 200) and hence has possession of the instrument.
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