Cybercrime
Bad Luck on the Internet
Case in Brief:
Sally likes to shop online and surf around but she seems to be having bad luck. She bought counterfeit product and was cheated by a fake online bidding post.
Offences discussed
Q & A
If I sell counterfeit goods online, what crime have I committed?
Under Section 7(1)(a)(ii) of the Trade Descriptions Ordinance (Chapter 362), it is an offence to supply or offer to supply any goods to which a false trade description is applied, that is, goods that imitate another product but were not made by the manufacturer of the product that has been imitated. This includes offering to supply such goods on the Internet.
Pursuant to Section 7(1)(b) of the same Ordinance, it is also an offence to possess at home for sale via the Internet goods.
If I find out that goods I bought online are counterfeit, what can I do?
You may lodge a complaint with the Customs and Excise Department by writing or calling its 24 hour hotline at 2545-6182. For more details, please click here.
What crimes are involved if a customer does not receive their product after ordering it and paying for it over the Internet?
If the seller never had the intention to supply the advertised goods or, having received money from the purchaser decides not to supply the goods, the seller may have committed the offence of theft under Sections 2 and 9 of the Theft Ordinance (Chapter 210). The sum of money paid by the buyer is considered property stolen by the seller, if the seller did not supply the goods. The maximum sentence for the offence is 10 years’ imprisonment.
In addition, the seller may have also committed the offence of “obtaining property by deception” contrary to Section 17 of the Theft Ordinance (Chapter 210). If there never was an intention to supply the goods, the purchaser has been dishonestly deceived into parting with his or her money. This offence carries a maximum sentence of 14 years’ imprisonment.