Obtaining Services by Deception
When a person dishonestly obtains services from others by deception, whether or not such deception was the sole or main inducement, he would be liable for “Obtaining services by deception” under section 18A of the Theft Ordinance (Cap. 210). The maximum punishment is 10 years’ imprisonment.
The offence covers both obtaining services for himself or for another person. “Services” generally refers to the act or performance being carried out for the benefit of another, on the understanding that payment has been or is expected to be made.
The deception does not need to be the only reason the service was provided. It is enough that it contributed to the decision.
In some situations, if a substantial part of the deception took place in Hong Kong, Hong Kong courts may have jurisdiction even if the services themselves were obtained outside Hong Kong.
The following could fall within “obtaining services by deception”:
- Using false income or employment details to persuade a bank to open a current account or issue a credit card, which the bank would not have provided if it knew the truth.
Giving false information to obtain professional services (for example, consultancy or legal work) on credit, where the provider relies on that information in agreeing to act.
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