Making off without payment

Making off without payment

Making off without payment differs from the deception offences set out in other provisions of the Theft Ordinance (Cap. 210). It applies where a person dishonestly leaves without paying for the goods or services he obtained when he is required or expected to pay on the spot, with the intention to permanently avoiding the payment. 

For the offence to be proved, it must be shown: (a) that the defendant in fact made off without making payment on the spot; (b) that he knew payment on the spot was required or expected of him; (c) dishonesty; and (d) an intent to permanently avoid payment of the amount due. An intention merely to delay or defer payment does not suffice.

If a customer and a supplier agree that payment does not have to be made immediately, then leaving without paying at that moment does not amount to the offence of “making off without payment”. This is true even if the customer never intended to pay and even if the agreement itself was obtained by deception. In such circumstances, the conduct may instead amount to other deception offences.

The offence is provided under section 18C of the Theft Ordinance and the maximum punishment is 3 years’ imprisonment.