Using or possessing a false instrument is an offence !

Under section 73 of the Crimes Ordinance (“CO”), any person who is convicted of the offences of using a false documents shall be liable for maximum imprisonment for 14 years.

Using a false instrument: Under section 75(1) CO, any person who

  1. possesses a false instrument and
  2. induces somebody to accept it as genuine,
  3. resulting in the representor acting or not acting in a way in prejudice to others

shall be liable for maximum imprisonment for 14 years.

Possessing a false instrument: Under section 75(2) CO, any person who simply possesses a false instrument shall be liable for maximum imprisonment for 3 years.

In HKSAR v Woo Mei Bo, Mable (CACC 274/2014), the defendant presented copies of a false bank statement and induced others to believe that the instrument was genuine and act in a prejudiced way. The defendant was sentenced for a total of 6 years’ imprisonment.

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