Regulating religious fraud in Taiwan and Hong Kong: A comparative study on the convergences and deviations in the understanding of religious freedom

Abstract

Religious fraud regulation appears, prima facie, to be at odds with liberal democratic notions of religious liberty since the determination of religious falsity inherent in regulating religious fraud runs counter to the demands of State neutrality. Yet, despite a proud commitment to liberal democratic notions of religious liberty, Taiwan and Hong Kong have not shied away from purported legal interventions to protect the public from perceived charlatans purveying religious falsehoods. This article critically examines how religious fraud has been tackled via specific legislation and general criminal law provisions in Taiwan and Hong Kong. Building on the surprising findings that (i) the judici..