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Course Details

Email Fraud: How to Claim Money Back?
Dicky Cheung, Barrister-at-law, Garden Chambers
Date: 13 March 2020 (Friday)
Time: 2:30pm - 5:45pm
Level: I (Intermediate)
For delegates who have prior knowledge of the subject area
Language: English
Fee: HK$ 1,700
Accreditation: 3 CPD pts (Accredited by The Law Society of Hong Kong)
Ref: L20OT04
Venue: Learning Commons Ltd
Room 1602, 16/F,
1 Duddell Street,
Central, Hong Kong
[View Map]
Outline:

Email fraud is commonplace in Hong Kong as an active international commercial city. For the unfortunate victim, it is a race against time to get the money back before it is further dissipated. The victim also faces extreme evidential difficulty in terms of tracing. What should the victim do in the civil court to obtain the justice he deserves and promptly?

The CPD Course answers this question with the following issues:
  1. What are the pre-action steps to obtain sufficient evidence?

  2. What does "freezing" of a bank account by police actually mean (the "no-consent" regime under the Organized and Serious Crimes Ordinance)? In comparison with Mareva injunction, how should a lawyer advise?

  3. What are the causes of action, including the theoretical foundation on unjust enrichment, money had and received, constructive trust etc.?
  4. What is tracing? Is there "backward tracing"?

  5. What are the reliefs, including a declaratory relief, and compound interest?

  6. What are the mechanisms for enforcement of a judgment, including a vesting order and Garnishee order?

  7. How does a lawyer deal with the bank and the police in all the above steps?

  8. Apart from a civil action, what orders can the criminal court make?

  9. On the flipside, what if a lawyer represents an alleged fraudster?

    • Can a lawyer apply to the court by way of judicial review to "unfreeze" the money?

    • Is there a privilege against self-incrimination in civil proceedings?

    • What is the implied undertaking with regards to information in civil proceedings?

    • How does a lawyer deal with the Department of Justice for immunity for his client?
The Speaker has represented both victims, including listed companies, overseas individuals, and alleged fraudsters in email, telephone, and general fraud cases with amounts ranging from HK$100,000 to HK$600,000,000. See his recent cases in

a. HKSAR v. Kiu Mei Ling and Others [2019] 2 HKLRD 991; and

b. Comtel Solutions Pte Ltd v. Yi Li Trade (Hk) Co., Ltd And Another [2019] HKCFI 2407; HCA 1142/2019 (23 September 2019)

He will share his experience and practical tips in handling these cases, including drafting techniques.
 
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