1. What Is Forgery Under Hong Kong Law?
Forgery is a serious criminal offence under the Crimes Ordinance (Cap. 200).
Under section 71, a person commits forgery if they make a false instrument, intending that it will be accepted as genuine and cause prejudice to another.
A false instrument includes:
- A document that gives a misleading impression of who made it,
- When or where it was made, or
- Its authenticity or legal effect.
You do not need to be the person who created the forged document. If you knowingly use a forged document, you may still be guilty.
2. Using a False Instrument – The Legal Requirements
To convict someone for using a false instrument (section 73, Crimes Ordinance), the prosecution must prove:
- The document was false – made or altered in a way that misrepresents reality.
- Knowledge – the accused knew, or had reason to suspect, that the document was false.
- Intention to induce acceptance – the accused intended another person (e.g., bank, Land Registry, employer) to treat it as genuine.
- Prejudice – accepting the document could cause financial, legal, or administrative harm.
A key authority is HKSAR v CHAN KAM CHING [2021] HKCA 7, where a solicitor used a sham Agreement for Sale and Purchase to mislead the Land Registry. The Court of Appeal confirmed that participating in a sham transaction constitutes using a false instrument.
3. Notable Hong Kong Forgery Cases
(a) Unrealistic Bank Claims – “Too Good to Be True”
HKSAR v MORANO DAVID JR GUEVARRA [2020] HKCA 773
The defendant submitted documents to HSBC claiming to hold USD 500 billion. The court held that no reasonable person would believe such claims, and upheld the conviction for using a false instrument.
(b) Property Sham Transactions
HKSAR v CHAN KAM CHING [2021] HKCA 7
A solicitor used sham documents to fabricate a property sale. The court confirmed these documents were false instruments because they created a misleading impression of a genuine transaction.
(c) Forged Identity Cards
HKSAR v TAI CHEUK-KIN [2023] HKCFI 2747
The defendant used forged Hong Kong identity cards to hide his identity while committing other crimes. The court imposed imprisonment, reflecting the gravity of identity-related forgery.
4. Penalties for Forgery and Using False Instruments
Hong Kong imposes very heavy penalties:
Section 73 — Using a False Instrument
Maximum penalty: 14 years’ imprisonment
Courts consider factors such as:
- Scale and sophistication of deception
- Financial or legal consequences
- Premeditation and planning
- Abuse of professional position
- Mitigation and guilty plea
5. Key Takeaways
- Forgery is not only about making a fake document — knowingly using one is equally serious.
- Intent matters — even if no financial loss occurs, the intention to mislead is enough for conviction.
- Due diligence is crucial — turning a blind eye to obvious falsity will not shield you from criminal liability.
- Seek professional legal advice if you face investigation for forgery or use of false instruments.
6. Why This Matters in Hong Kong
Forgery cases frequently involve:
- Property transactions
- Banking and financial instruments
- Identity documents
- Corporate paperwork
Businesses should implement strict document-verification processes. Individuals must avoid relying on suspicious documents, even if asked by friends, employers, or clients.
Forgery undermines trust in Hong Kong’s legal and financial systems — which is why courts consistently impose strong deterrent sentences.
Disclaimer
This article is for general information only and does not constitute legal advice. Ask.Legal can help match you with qualified Hong Kong lawyers for personalised guidance. Contact us at: https://ask.legal/contact-us
