(1) Any person who by any deception (whether or not such deception was the sole or main inducement) dishonestly obtains for himself or another any pecuniary advantage shall be guilty of an offence and shall be liable on conviction upon indictment to imprisonment for 10 years.
(2) The cases in which a pecuniary advantage within the meaning of this section is to be regarded as obtained for a person are cases where-
(a) he is granted by a bank or deposit-taking company, or any subsidiary thereof the principal business of which is the provision of credit-
(i) a credit facility or credit arrangement;
(ii) an improvement to, or extension of, the terms of a credit facility or credit arrangement; or
(iii) a credit to, or a set off against, an account,
whether any such credit facility, credit arrangement or account-
(A) is in his name or the name of another person; or
(B) is legally enforceable or not; (Added 46 of 1986 s. 2)
(b) he is allowed to borrow by way of overdraft, or to take out any policy of insurance or annuity contract, or obtains an improvement on the terms on which he is allowed to do so, whether any such overdraft, policy of insurance or annuity contract-
(i) is in his name or the name of another person; or
(ii) is legally enforceable or not; or (Replaced 46 of 1986 s. 2)
(c) he is given the opportunity to earn remuneration or greater remuneration in an office or employment, or to win money by betting.
(3) For the purposes of this section-
"bank" (銀行) means-
(a) a bank within the meaning of section 2(1) of the Banking Ordinance (Cap 155); and
(b) a bank-
(i) incorporated by or under the law or other authority in any place outside Hong Kong, and in this respect "incorporated" (成立為法團) includes established; and
(ii) which is not a bank within the meaning of section 2(1) of the Banking Ordinance (Cap 155); (Amended 49 of 1995 s. 53)
"deception" (欺騙手段) has the same meaning as in section 17;
"deposit-taking company" (接受存款公司) means a deposit-taking company or restricted licence bank within the meaning of section 2(1) of the Banking Ordinance (Cap 155); (Amended 49 of 1995 s. 53)
"subsidiary" (附屬公司) has the same meaning as in the Companies Ordinance (Cap 32). (Replaced 46 of 1986 s. 2)