Phoenix TV's news programme interviewed Mr Gordon Chan about the legal issues in dine-and-dash and pretending to be a lawyer.
In the interview, Mr Gordon Chan discussed fraud-related law of Hong Kong on obtaining properties by deception and making off without payment, as well as pretending to be a lawyer.
“Obtaining properties by deception” is an offence under section 17 Theft Ordinance (Cap 210), a person commits the offence if he obtained properties from another person by the deception, and at the time he did so, he intended to deprive the other person of it permanently.
Another common offence in a dine-and-dash case is “making off without payment” under section 18C Theft Ordinance (Cap 210). A person commits this offence if he knows that he is required to pay on the spot for services that he had received, however, he left dishonestly without payment.
On the other hand, someone who pretends to be a lawyer implying that he is qualified to act as a solicitor commits an offence under section 46 Legal Practitioners Ordinance (Cap 159). The Court of Final Appeal in Stephen Daryl Barnes v HKSAR (2000) 3 HKCFAR 298 noted that this is a serious offence. If the impersonator acted as a solicitor, there is another more serious offence under section 45.
While dating may present interesting problems for the court, one must not forget that criminal law aims to punish legal wrong, not moral wrong.
Gordon Chan, Esq
Barrister-at-law, Archbold Hong Kong Editor on Public Health, and Member of the Bar Association's Committee on Criminal Law and Procedure. Specialised in medical, technology and criminal law.
