Cybercrime
Fraud
Fraud is a crime under Section 16A of the Theft Ordinance (Chapter 210). The crime is typically committed when a person (the fraudster) by deceit and with intent to defraud induces another person to act in such a way that results either in prejudice to that person or in benefit to the fraudster. The crime carries a maximum sentence of imprisonment for 14 years upon conviction on indictment. A key element of fraud is deceit, which distinguishes the crime from theft. “Deceit” necessarily implies an element of dishonesty. “Inducing another person” means that there must be a causal link between the deceit and the subsequent action of the victim. The crime is not established if there is no inducement. Thus it would be a defence to show that the victim's act was not caused by the deceit or that the victim knew the falsity of the deceit and was not affected by it.
