Fraud cases in Hong Kong — especially online scams, telephone impersonation scams, and fake investment platforms — continue to rise. The widespread adoption of remote work and digital payments has increased the number of victims, with scammers now using AI-generated deepfake images and videos to mislead the public. If you have been defrauded, speed is everything. Hong Kong law provides several urgent mechanisms to help victims freeze funds and recover losses — but these tools are time-sensitive. This guide combines practical steps, Hong Kong legal procedures, and recent case precedents to help you act quickly.
Step One — Preserve All Evidence
Collect everything related to the scam. This will support police reports, bank recalls, and court applications:
- bank transfer records
- FPS / wire records
- emails
- phone numbers
- WhatsApp / WeChat / Telegram screenshots
- fake websites or investment platform screenshots
- contracts or invoices
- voice recordings (especially from telephone scams)
The more complete the evidence, the faster the authorities can respond.
Step Two — Report to the Hong Kong Police
🚨 Why reporting matters
The Police can issue a No Consent Letter (NCL) to banks, temporarily freezing a scammer’s account for up to around 6 months.
Under Organised and Serious Crimes Ordinance (Cap. 455) s.25, banks face criminal risk if they unknowingly deal with crime proceeds. Therefore, banks usually freeze the funds upon receiving an NCL.
📍 If you are in Hong Kong
Go to any police station with your documents.
🌍 If you are outside Hong Kong
You may either:
- Use the Hong Kong Police e-Report Centre, or
- Authorise a Hong Kong lawyer to report for you.
The Police will then follow up via email.
Step Three — Contact Your Bank Immediately
Tell your bank’s fraud team and request:
- an urgent freeze of the recipient account
- a payment recall
- a reversal if the money has not yet been credited
- FPS recall (if applicable)
Even if the money has arrived at the scammer’s account, banks may still coordinate with the Police once an NCL or court order is issued.
Step Four — Engage a Lawyer to Recover the Funds
The Police cannot recover money for you. Recovery is done through civil legal action.
Hong Kong courts offer multiple tools for financial recovery:
4.1 Mareva Injunction (Asset Freezing Order)
This is a powerful court order preventing scammers from moving or dissipating their assets.
The Court considers:
- whether your claim has a serious arguable case
- whether the scammer has assets in Hong Kong
- risk of asset dissipation
- overall fairness (“balance of convenience”)
📌 Case Example:
WRE Investments LLC v SMW Limited [2023] HKCFI 1893
The Court granted a Mareva injunction freezing funds, which allowed the victim to later recover US$3.55 million.
4.2 Third-Party Disclosure Order (Norwich Pharmacal / Bankers’ Books Order)
Useful when you only know the scammer’s bank account, not their identity.
The Court may order banks to disclose:
- identity and address of the account holder
- account opening documents
- transaction history
- instructions given to the bank
If funds moved through several accounts, multiple disclosure orders may be needed.
📌 Case Example:
Taihei Dengyo Kaisha, Ltd. v Bok Joeng Hong Kong Co., Limited [2022] HKCFI 1322
The Court ordered disclosure, enabling the victim to track multiple layers of fund transfers.
4.3 Civil Action + Garnishee Order
If scammers do not defend the case (which is very common), you may apply for:
- Default judgment, and
- Garnishee order, compelling the bank to pay frozen scam proceeds directly to you.
Common Types of Scams in Hong Kong (Stay Alert)
📞 Telephone Scams
- impersonation of Police / Immigration / HA Officers
- fake arrest warrants
- fake parcels containing prohibited items
- threats of bank account suspension
🌐 Online Scams
- phishing emails
- fake e-shops
- fake bank login pages
- job recruitment scams
- romance scams
- “wrong-number” WhatsApp fraud
💰 Investment Scams
- fraudulent crypto platforms
- guarantee-return schemes
- pump-and-dump groups
- AI-generated videos of celebrities promoting investments
🧠 AI Deepfake Fraud
Increasingly, scammers use AI to clone:
- voices of CEOs
- faces of government officers
- Hong Kong celebrities
to mislead victims into transferring money.
Prevention: Protect Your Assets Before Fraud Happens
You may consider:
- setting up a trust
- making an Enduring Power of Attorney (EPA)
These measures help protect your assets and reduce future risks.
Key Principle: Act Fast
To maximise recovery chances:
- Collect evidence
- Report to Police
- Notify the bank
- Initiate legal action
- Act within hours, not days
Delays may allow scammers to transfer money overseas, making recovery far more difficult.
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
