False Statements by Company Directors, etc

False Statements by Company Directors, etc 

The offence of False Statements by Company Directors is provided by section 21 of the Theft Ordinance (Cap. 210). The maximum penalty is 10 years imprisonment. 

The prosecution must first prove that the person is an officer of a body corporate or unincorporated association. A person who purports to act as such officer would also be liable even if he is not in fact an officer. 

The prosecution must then prove that the person published or concurred in publishing a written statement or account, and he knew that a material particular (meaning the certain information that is material for the purpose of the written statement or account being made) in that written statement or account is or may be misleading, false or deceptive. The material particulars have to be in relation to the affairs of the body corporate or association. 

It must also be proved that the person intended to deceive members or creditors of the body corporate or association.