串謀詐騙及欺詐罪 fraud and conspiracy to defraud

 前商交所主席兼行會成員張震遠被控串謀詐騙及欺詐罪成被判囚四年，並於五年內不准擔任公司董事。他因在商交所擔任主席時串謀其財務總監向證監會隱瞞商交所的財務狀況，導致證監會沒有撤回對商交所自動化交易服務的認可。致於另一項罪名為詐騙罪。張震遠以一些沒有被抵押的股份向一名信任他的朋友代表的財務公司為商交所借貸三千萬元。雖然張震遠不認罪，但是法官審理證據後不接納被告聲稱沒有意圖犯罪的辯解。

香港的串謀詐騙罪仍然依賴普通法，香港法例第200章 《刑事罪行條例》第159C(6)條則訂明違法者可被判監14年。檢控一方有責任證明被告有意圖地實行串謀詐騙。而香港法例第210章 《盜竊罪條例》第16A條則訂明任何人有意圖地欺騙他人，或誘使他人作出一些為被告帶來利益或招致他人損失的行為，即屬違法。歡迎致電或WhatsApp 69776708 林先生查詢報價及預約。

Former Executive Council member and high-flying businessman Barry Cheung was sentenced to four years of prison for fraud and conspiracy to defraud. He was also disqualified from acting as a company director for the next five years because of his attempt with the chief financial officer to defraud the market regulator as the chairman of the Hong Kong Mercantile Exchange, in the Exchange’s statements, to keep the Exchange afloat. He was also charged for fraud because he induced a finance company represented by his trusted friend to lend HK$30 million to his company by falsely representing to his friend that he had pledged the share certificate for the loan. Although Barry Cheung pled not guilty for both charges, the judge did not on the evidence, believed in his denial of intention to commit the crimes.

Hong Kong courts rely on common law in the offence of conspiracy to defraud, which is punishable under s.159C(6) of the Crimes Ordinance (Cap.200) for 14 years of imprisonment. The prosecution is responsible to prove that the accused conspired to do the unlawful act with an intention of the defendant to participate in the defraud scheme whereas fraud is governed by s.16A of the Theft Ordinance (Cap.210). Convicted person shall be liable to 14 years of imprisonment. Fraud is conducted when a person deceit another to act in way such that the accused obtains a benefit and causes a loss to the other person as a consequence.