在英國,呢單案拉咗啦

好多人以為,香港離開大英帝國後會無事。雷曼呢單膠case證明,無咗英國,香港果堆不與時並進嘅膠法律,可以膠到無朋友。

先睇以下甘威博客中一位讀者留言:

本人的錢只是放在銀行做定期,並沒有投資戶口,就是聽信了銀行的推介,說每個月有五厘息等於做定期,不過要存三年,只要那七間公司不執笠就不用接債券,並沒有提及雷曼的名字,令我以為是銀本身推出的服務,根本我不是去投機,從來不知道是高風險的債券,結果是一個大騙局。

香港依家係根據中國接管前的《英國法律應用條例》,用緊Theft Act 1968同1978,但呢啲古舊法律無辦法處理呢啲銀行職員變咗寶藥黨嘅行為。但2006年,英國工黨政府另外立條Fraud Act,根據Fraud Act 2006,有以下好辣嘅條款。

「3 Fraud by failing to disclose information

A person is in breach of this section if he—

(a) dishonestly fails to disclose to another person information which he is under a legal duty to disclose, and

(b) intends, by failing to disclose the information—

(i) to make a gain for himself or another, or

(ii) to cause loss to another or to expose another to a risk of loss.

4 Fraud by abuse of position

(1) A person is in breach of this section if he—

(a) occupies a position in which he is expected to safeguard, or not to act against, the financial interests of another person,

(b) dishonestly abuses that position, and

(c) intends, by means of the abuse of that position—

(i) to make a gain for himself or another, or

(ii) to cause loss to another or to expose another to a risk of loss.

(2) A person may be regarded as having abused his position even though his conduct consisted of an omission rather than an act. 」

根據呢條,根本唔係去證監會或者金管局,呢件事,係喺差館解決,果啲銀行職員一個二個全部拉得,仲駛講咁多。銀行職員身為safeguard of financial interests of another person,dishonestly abuse the position,又failing disclose information,而且expose another to a risk of loss,呢啲唔係fraud,咁係乜?

之後進一步法律內容,有請比我熟英國法律好多的林忌的解說。但香港立法會,有必要將Fraud Act 2006引入香港,保障公眾。

除此以外,據我收到消息,有銀行派出另一位職員,扮好心接觸雷曼事件苦主,話如果唔將佢地個案爆出嚟,就有得賠咁話,呢種欺騙說話信佢一成都死。所以雷曼案嘅苦主,快啲搵搵甘乃威。

延伸閱讀
甘乃威博客:雷曼兄弟苦主申訴
Fraud Act 2006
林忌:英國早就拉左班銀行寶藥黨

5 thoughts on “在英國,呢單案拉咗啦

  1. 香港最叻的欺詐罪都係得呢隻…….

    (1) If any person by any deceit (whether or not the deceit is the sole or main inducement) and with intent to defraud induces another person to commit an act or make an omission, which results either-
    (a) in benefit to any person other than the second-mentioned person; or
    (b) in prejudice or a substantial risk of prejudice to any person other than the first-mentioned person,
    the first-mentioned person commits the offence of fraud and is liable on conviction upon indictment to imprisonment for 14 years.
    (2) For the purposes of subsection (1), a person shall be treated as having an intent to defraud if, at the time when he practises the deceit, he intends that he will by the deceit (whether or not the deceit is the sole or main inducement) induce another person to commit an act or make an omission, which will result in either or both of the consequences referred to in paragraphs (a) and (b) of that subsection.
    (3) For the purposes of this section-
    “act” (作為) and “omission” (不作為) include respectively a series of acts and a series of omissions;
    “benefit” (利益) means any financial or proprietary gain, whether temporary or permanent;
    “deceit” (欺騙) means any deceit (whether deliberate or reckless) by words or conduct (whether by any act or omission) as to fact or as to law, including a deceit relating to the past, the present or the future and a deceit as to the intentions of the person practising the deceit or of any other person;
    “gain” (獲益) includes a gain by keeping what one has, as well as a gain by getting what one has not;
    “loss” (損失) includes a loss by not getting what one might get, as well as a loss by parting with what one has;
    “prejudice” (不利) means any financial or proprietary loss, whether temporary or permanent.
    (4) This section shall not affect or modify the offence at common law of conspiracy to defraud.
    (Added 45 of 1999 s. 3)

  2. 如果依家香港跟英國, 中央又會話”外國法例並不適用於香港”, 之後又會話唔會干涉香港, 鬼信!

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