Personation

Personation

There are various offences regulating the unlawful personation of public officials. 

Any person falsely pretending to be a public officer would be guilty of an offence under section 22 of the Summary Offences Ordinance. It will also be an offence if he falsely pretends that he can procure any public officer to do or not to do something in connection with the duty of the public officer. The maximum penalty is a fine at level 1 (currently $2,000) or imprisonment for 6 months.

If a person impersonates a police officer, either by wearing the police force uniform, dressing with the appearance or bearing any distinctive marks of police uniforms without the permission of the Police Commissioner, it would be an offence under section 65 of the Police Force Ordinance. The maximum penalty isa fine at level 1 (currently $2,000).

In addition, under section 24 of the Summary Offences Ordinance (Cap. 228), it is a summary offence for any person, not being a police officer or a member of the Auxiliary Police Force, to have in his possession without satisfactory reason or excuse any article forming part of the uniform of such forces. The maximum penalty is a fine at level 1 (currently $2,000).

Under section 90 of the Crimes Ordinance (Cap. 200), it is an offence to impersonate a member of the Customs and Excise Service for the purpose of gaining entry into premises or procuring an act that the person is not entitled to procure. The maximum penalty would be 3 months’ imprisonment. 

If a person impersonates another person to acknowledge recognizances, bail, judgement, deed or other instrument before a court, judge or any other legally authorised person without any lawful authority or excuse, he would be liable under section 91 of the Crimes Ordinance (Cap. 200). The maximum penalty would be 7 years’ imprisonment.

If a person impersonates another person to obtain a ballot paper and to vote at the election, he would be guilty of engaging in corrupt conduct under section 15 of the Election (Corrupt and Illegal Conduct) Ordinance (Cap. 554). The maximum penalty would be 7 years’ imprisonment. 

It also remains a common law offence to personate a juror. The offence is complete once someone enters the jury box and takes the oath in another person’s name. It is not necessary to prove that the personator had a corrupt motive, any benefit to gain, or any specific intention to deceive beyond the act of impersonation itself. The maximum penalty is7 years’ imprisonment.