A Hong Kong woman was allegedly tricked into paying a staggering HK$80,000 restaurant bill when her date, who claimed to be a 26-year-old lawyer, vanished during a bathroom break at the Mandarin Oriental hotel.
Let’s see what Ask.Legal’s analysis has to say. Ask.Legal is trained on Hong Kong laws and provides insights into what legal options are available in cases like this.
Ask.Legal Analysis:
Legal Issues Identified
Civil liability – Whether the woman can sue the man to recover the HK$80,000 she paid to the hotel.
Criminal liability – Whether the man’s conduct amounts to a criminal offence in Hong Kong, such as fraud or obtaining services by deception.
Analysis of Legal Issues
1. Civil Claim – Recovery of the HK$80,000
Issue: Can the woman sue the man for the amount she paid to the hotel?
Rule: Under Hong Kong civil law, a claim for breach of contract or unjust enrichment may arise if one party incurs expenses on behalf of another who has agreed (expressly or impliedly) to pay, but fails to do so. The elements of unjust enrichment are:
- The defendant has been enriched (obtained a benefit).
- The enrichment was at the claimant’s expense.
- The enrichment was unjust (e.g., obtained by deceit, mistake, or without legal basis).
- No applicable defence.
Application:
The man obtained the benefit of an expensive dinner and champagne without paying. The woman suffered a direct loss by paying the HK$80,000. If there was an agreement (express or implied) that the man would pay, or if he induced her to pay through false pretences, she may sue for the amount as money had and received or for damages for deceit.
Even without a written contract, the court can find an implied agreement based on their conduct (e.g., he ordered the items and presented himself as the payer).
Conclusion:
Yes, she can sue in the civil courts for recovery of the HK$80,000, likely under unjust enrichment or misrepresentation. However, she will need to prove the man’s identity and that he was the person who ordered/consumed the goods.
2. Criminal Liability – Fraud
Issue: Can the man be charged with fraud under Hong Kong law?
Rule: Under section 16A of the Theft Ordinance (Cap. 210):
Any person who by any deception, dishonestly obtains for himself or another any property, or dishonestly obtains any pecuniary advantage, shall be guilty of an offence.
"Deception" includes any act or omission by which a person intentionally causes another to believe something false. Fraud requires:
- A deception.
- Dishonesty.
- Causation of another to part with property or confer a benefit.
- The defendant’s intention to make a gain or cause a loss.
Application:
The man allegedly misrepresented himself (including possibly his profession and age) and ordered expensive items knowing he would not pay. Walking out without paying is strong evidence of dishonest intent. The deception caused the hotel (via the woman) to provide goods/services without payment.
This could also amount to obtaining services by deception under section 18 of the Theft Ordinance, which covers obtaining services without payment through dishonest means.
Conclusion:
Yes, there appears to be a prima facie case for fraud or obtaining services by deception. The matter should be reported to the Hong Kong Police for investigation.
Recommended Action Plan:
Immediate Steps (1–7 days):
- File a police report with full details (including Telegram chats, hotel receipts, CCTV evidence, and any identifying information).
- Obtain a copy of the hotel bill and any witness statements from hotel staff.
- Preserve all communications with the man.
Medium-Term Strategy (weeks–months):
- If the police investigation is ongoing, cooperate fully and provide evidence.
- Consider filing a civil claim in the Small Claims Tribunal (if within HK$75,000) or District Court (if above) once the man’s identity and address are confirmed.
Risk Assessment:
- Civil recovery depends on locating and identifying the man and proving the facts.
- Criminal proceedings are handled by the Department of Justice; conviction is not guaranteed without sufficient evidence of intent and identity.
References
Theft Ordinance (Cap. 210) – sections 16A (Fraud) and 18 (Obtaining services by deception)
Hong Kong e-Legislation – Cap. 210
Disclaimer: The above analysis is for reference only and does not constitute legal advice. If professional advice is needed, we can help match you with qualified Hong Kong lawyers based on your query. You can request a lawyer referral at https://ask.legal/contact-us
