Criminal Law Code as at 1st March 2007 PART IV FRAUD AND FORGERY 135 Interpretation in Part IV of Chapter VI In this Part⎯ “defraud” means to commit the crime of fraud upon a person; “document or item” means an embodiment of any information, design or other written or depicted matter in any material form whatsoever that is capable of being read or understood by persons or machines and, without limiting this definition in any way, includes⎯ (a) coins, banknotes and negotiable instruments; (b) receipts, certificates, vouchers, tickets, invoices, stamps, marks, licences, permits, statements of account and any entry in any book of account; (c) paintings and other works of art; (d) documents of a literary or historical nature; (e) information stored by electronic means that is capable of being printed out or retrieved or displayed on a screen or terminal; (f) any three-dimensional item; “misrepresentation” means any act or omission of any kind whatsoever which wrongly or incorrectly represents any fact, law, character, circumstance, opinion or other thing whatsoever and, without limiting this definition in any way, includes⎯ (a) a false statement of fact or law or a false expression of opinion; (b) silence on the part of a person who has a duty to speak, knowing that another person has been or will be misled by the silence; (c) a promise to do something in the future, when made by a person who knows that he or she will not be able to do that thing or who realises that there is a real risk or possibility that he or she may not be able to do it; (d) a false statement by a person who wishes to borrow money or any other thing as to the purpose for which he or she requires the money or other thing; (e) an exaggerated claim as to any quality of a thing that is being sold, where the person who makes the claim knows or realises that the person to whom he or she makes the claim is being or is likely to be deceived thereby; (f) the use, publication or uttering of a document which contains a false statement, knowing that the document contains a false statement or realising that there is a real risk or possibility that it does so; “potentially prejudicial” means involving a risk, which is not too fanciful or remote, of causing prejudice; “prejudice” means injury, harm, detriment or damage of any kind whatsoever, including material or financial prejudice, prejudice to reputation and prejudice to good administration; - 80 -