What to Do If You've Been Scammed in Hong Kong

If you have been scammed in Hong Kong, act immediately. The first 48 hours are critical — once funds leave the recipient’s account, recovery becomes dramatically harder. In 2024, fraud victims in Hong Kong lost a combined HK$9.15 billion, but police successfully intercepted HK$1.48 billion by acting quickly. This guide explains exactly what to do, step by step.

1. Preserve All Evidence

Before contacting anyone, secure every piece of evidence related to the fraud:

• Screenshots of all messages, transactions, and communications with the scammer
• Bank statements and transfer confirmations showing the fraudulent payments
• Emails and documents — contracts, receipts, invoices, and any promises made
• Website URLs and social media profiles of the scammer (these are often deleted quickly)
• Phone records — call logs, WhatsApp/WeChat message histories
• The scammer’s banking details — account number, bank name, branch, SWIFT code, account holder name

Save everything to multiple locations (cloud storage + local backup). Do not alter or delete anything — original evidence is essential for both police and court proceedings.

2. Report to the Hong Kong Police

File a police report as soon as possible. You can report:

• In person at any police station report room
• Online via the HK Police e-Report Centre
• Through a solicitor who can ensure the report is complete and request urgent action
• By phone via the Anti-Deception Coordination Centre (ADCC) hotline: 18222 (24 hours)

You do not need to be physically in Hong Kong to file a report.

What to include in your report

Provide as much detail as possible. Incomplete reports are the most common cause of delay. Specifically:

• The fraudster’s banking details (account number, bank, branch, account holder name)
• How you came into contact with the scammer
• How you were induced to make the payment
• How and when you discovered it was a scam
• All correspondence, organised chronologically

State clearly that you are requesting an urgent freeze of the fraudster’s bank account.

How the police freeze works

When you report fraud, police can request the Joint Financial Intelligence Unit (JFIU) to issue a No Consent Letter (NCL) to the recipient bank under the Organised and Serious Crimes Ordinance (Cap. 455), section 25A. The bank then freezes the account — not because it is legally compelled by the NCL itself, but because continuing to process transactions could expose it to money laundering liability under section 25 of the same ordinance.

What you should know about the NCL:

• It is not a court order — it is an administrative measure. The bank freezes the account voluntarily to manage its own legal risk.
• It is temporary — the police will periodically review whether to maintain the freeze, and the JFIU can revoke it.
• It does not return money to you — the police handle criminal matters, not civil recovery. Returning funds to victims requires separate civil proceedings.
• However, the police will typically inform you of the amount remaining in the frozen account, which is critical information for deciding your next steps.

For many victims — particularly in lower-value fraud — the NCL may be the primary mechanism that preserves their funds while civil recovery is arranged. However, because it is an administrative measure rather than a court order, there is no guarantee that it will remain in place for the duration needed. Each case is different, and you should seek legal advice on whether additional protective measures are appropriate in your situation.

Key point: For higher-value fraud, victims should consider applying for a court injunction (Mareva injunction) in addition to the police freeze. A court order provides stronger and more certain protection, as it is legally binding and breach constitutes contempt of court. For all cases, you will eventually need to instruct a solicitor to recover the frozen funds — the police will not do this for you.

3. Notify Your Bank Immediately

Contact your own bank’s fraud department:

• Request a chargeback if the payment was made by credit card
• Ask the bank to attempt a recall of the wire transfer
• Provide the police case reference number

Banks can sometimes freeze recipient accounts if notified quickly, but they generally require a police report number before taking action. Without one, banks will continue to follow their customer’s instructions.

4. Instruct a Hong Kong Solicitor

A solicitor who handles fraud recovery matters can convert a temporary police freeze into enforceable court orders and pursue the return of your funds. The key legal tools available are:

Mareva injunction (freezing order)

A court order that freezes the defendant’s assets and prevents them from moving or hiding money. This can be obtained within 1–2 days of instructing a solicitor, typically on an ex parte basis (without notifying the defendant). The court requires:

1. A good arguable case that you have been defrauded
2. Evidence that the defendant has assets in Hong Kong
3. A real risk that the defendant will dissipate (move or hide) those assets

The defendant must disclose all assets by sworn affidavit. Breach of a Mareva injunction is contempt of court. A Mareva can cover assets in Hong Kong only or worldwide.

Norwich Pharmacal order

When you do not know who holds the account that received your money, a Norwich Pharmacal order compels the bank to disclose the account holder’s identity, bank statements, and account-opening documents. This is typically accompanied by a gagging order preventing the bank from alerting the account holder.

Default judgment and garnishee order

In fraud cases, defendants frequently do not respond to proceedings. If the defendant fails to file a defence, you can apply for default judgment. After obtaining judgment, a garnishee order under Order 49 of the Rules of the High Court (Cap. 4A) directs the bank to pay the frozen funds directly to you.

5. Cross-Border Recovery

If the scammer is based outside Hong Kong, recovery is still possible but involves additional steps.

Service out of jurisdiction: To sue a defendant outside Hong Kong, your solicitor must first obtain leave of the court to serve proceedings abroad under Order 11 of the Rules of the High Court (Cap. 4A). The court must be satisfied that the claim falls within one of the recognised jurisdictional “gateways” (for fraud, this is typically that the damage was sustained in Hong Kong), that there is a serious issue to be tried, and that Hong Kong is the appropriate forum.

• Mainland China: The Mainland Judgments (Reciprocal Enforcement) Ordinance (Cap. 645), effective since January 2024, creates a framework for reciprocal enforcement of civil and commercial judgments between Hong Kong and mainland courts. This is a relatively new mechanism and its application to fraud recovery is still developing in practice.
• Worldwide Mareva injunction: For assets held in other jurisdictions, Hong Kong courts can grant worldwide freezing orders. Enforcement abroad depends on cooperation from the foreign jurisdiction’s courts.
• Cryptocurrency: Hong Kong courts recognise cryptocurrency as property (Re Gatecoin [2023] HKCFI 914). Freezing orders and Norwich Pharmacal orders have been granted over crypto assets, including orders compelling Hong Kong-based exchanges to disclose customer information and wallet addresses.

In practice, the primary strategy in most fraud cases is to catch and freeze funds while they are still sitting in Hong Kong bank accounts. Cross-border judgment enforcement is a secondary consideration — speed of the initial freeze is what matters most.

6. Costs and Timelines

Fraud recovery costs depend on case complexity:

If the defendant contests the proceedings, costs will increase substantially and the timeline will extend.

Important: “No win, no fee” arrangements are not permitted for litigation in Hong Kong. However, most solicitors who handle fraud recovery will offer an initial consultation to assess the viability of your case before you commit to full proceedings.

7. Common Mistakes to Avoid

Based on how fraud recovery cases typically proceed in Hong Kong, these are the most common errors:

1. Waiting too long to act — funds can be moved within hours. Act in minutes, not days.
2. Filing an incomplete police report — missing banking details or disorganised evidence is the single most common cause of delay.
3. Not understanding your options after the police freeze — the police will freeze the account and inform you of the balance, but they will not return the money to you. You must instruct a solicitor to pursue civil recovery. Many victims lose valuable time waiting for the police to act on their behalf.
4. Contacting the recipient bank before the police — without a police report, banks have no reason to freeze.
5. Not instructing a solicitor early enough — for higher-value cases, a Mareva injunction provides stronger protection than the police freeze alone. A solicitor can obtain one within 1–2 days, but only if engaged promptly.
6. Not knowing the amount frozen — ask the police for the balance remaining in the frozen account. This is essential for deciding whether to pursue legal recovery and what approach is proportionate to the amount at stake.

Frequently Asked Questions

How long do I have to take legal action?

The general limitation period for fraud claims in Hong Kong is 6 years from the date of the fraud under the Limitation Ordinance (Cap. 347). If the fraud was concealed, time starts running from when you discovered (or could reasonably have discovered) the fraud. However, acting quickly is far more important than the legal deadline — the longer you wait, the less likely the funds are still recoverable.

Can I recover cryptocurrency?

Yes. Hong Kong courts have recognised cryptocurrency as property and have granted both freezing orders and proprietary injunctions over crypto assets. Norwich Pharmacal orders can compel Hong Kong-based cryptocurrency exchanges to disclose transaction records, customer information, and wallet addresses. Blockchain analysis can trace the flow of funds across wallets.

What if the scammer is outside Hong Kong?

Cross-border recovery is possible but requires additional steps. Your solicitor will need to obtain court leave to serve proceedings on the overseas defendant under Order 11 of the Rules of the High Court. For mainland China, a reciprocal enforcement arrangement (Cap. 645) now exists. For other jurisdictions, worldwide Mareva injunctions can freeze assets globally, though enforcement depends on cooperation from foreign courts. In practice, the most effective approach is to freeze funds while they are still in Hong Kong bank accounts.

Do I need to travel to Hong Kong to pursue recovery?

No. You can file a police report remotely (online or through a solicitor). Court proceedings can be managed by your Hong Kong solicitor without you being physically present, though you may need to provide witness statements by affidavit.

What is the difference between a police freeze and a court freezing order?

A police freeze (NCL) is an administrative measure — the bank freezes the account voluntarily to manage its own AML liability risk. It is temporary and can be revoked by the police. A court freezing order (Mareva injunction) is a binding court order — breaching it is contempt of court, punishable by imprisonment or fines. For lower-value cases, the police freeze may be sufficient to preserve funds while civil recovery is arranged. For higher-value cases, a court order provides stronger and more certain protection.