THEFT ORDINANCE

THEFT ORDINANCE

LAWS OF HONG KONG

THEFT ORDINANCE

CHAPTER 210





CHAPTER 210

THEFT ORDINANCE

ARRANGEMENT OF SECTIONS

Section

PRELIMINARY

1. Short title and application ... ... ... ... ... ... ...

2. Basic definition of theft....... ... ... ... ... ... ...

3. 'Dishonestly' .............................. ... ... ... ... ... ... 3

4. 'Appropriates .......................... ... ... ... ... ... ... ... ... 3

5. 'Property .......................... ... ... ... ... ... ... ... ... ... 4

6. 'Belonging to another'...................... ... ... ... ... ... ... ... 5

7. 'With the intention of permanently depriving the other of it ... ... ... ... 5

8. Other definitions........................... ... ... ... ... ... ... 5

THEFT, ROBBERY, BURGLARY, ETC.

9. Theft ...................................... ... ... ... ... ... ... ... 6
10. Robbery .................................... ... ... ... ... ... ... ... 6
11. Burglary ................................... ... ... ... ... ... ... ... 6

12. Aggravated burglary .................. ... ... ... ... ... ... ... ... 6

13. Removal of articles from places open to the public ... ... ... ... ... ... 7

14. Taking conveyance without authority ........ ... ... ... ... ... ... 7

15. Abstracting of electricity ................. ... ... ... ... ... ... ... 8

16. Dishonest use of public telephone or telex system ... ... ... ... ... 8

FRAUD AND BLACKMAIL

17. Obtaining property by deception ............ ... ... ... ... ... ... 8

18. Obtaining pecuniary advantage by deception ... ... ... ... ... ... ... 9

18A..................Obtaining services by deception ... ... ... ... ... ... ... ... ... ... 10
18B..................Evasion of liability by deception ... ... ... ... ... ... ... ... ... ... 10
18C..................Making off without payment ... ... ... ... ... ... ... ... ... ... 11

18D.......................Procuring false entry in certain records ... ... ... ... ... ... ... ... 11

19. False accounting ........................... ... ... ... ... ... ... ... 12

20. Liability of company officers for certain offences by company ... ... ... ... 12
21. False statements by company directors, etc. 12

22. Suppression, etc. of documents ... ... ... ... ... ... ... ... ... ... ... 13
23. Blackmail ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 13

OFFENCES RELATING TO GOODS STOLEN, ETC.
24. Handling stolen goods ... ... ... ... ... ... ... ... ... ... ... ... ... 14
25. Advertising rewards for return of goods stolen or lost ... ... ... ... ... ... 14







26. Scope of offences relating to stolen goods ... ... ... ... ... ... ... ... ... 14

POSSESSION OF HOUSEBREAKING IMPLEMENTS, ETC.
27. Going equipped for stealing, etc. ... ... ... ... ... ... ... ... ... ... 15





Section Page

ENFORCEMENT AND
PROCEDURE

28. Search for stolem goods ... ...
... ... ... ... ... ... ... ... ... ... 15

29. Evidence and procedure on charge of theft, handling stolen goods, and
obtaining

by deception ... ... ... ... ... ... ... ... ... ... ... ... ... ... 16
30. Orders for restitution ... ... ... ... ... ... ... ... ... ... ... ... 18

GENERAL AND CONSEQUENTIAL
PROVISIONS

31. Husband and wife ... ... ... ... ... ... ... ... ... ... ... ... 19

32. Verdict ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 20

33. Effect on civil proceedings and rights ... ...
... ... ... ... ... ... 20

34. Effect on existing law and construction of references to offences ... ...
21

35. Transitional provisions ... ... ... ... ... ... ... ... ... ... ... ... 21

Schedule. Alternative verdicts ... ... ... ... ... ... ... ... ... ... ... ... ... 22





CHAPTER 210

THEFT

To revise the law as to theft and similar or associated offences, and in
connexion therewith to make provision as to criminal
proceedings by one party to a marriage against the other; and for
other purposes connected therewith.

[1 September 1970.]

PRELIMINARY

1. (1) This Ordinance may be cited as the Theft Ordinance.

(2) Save as otherwise provided by this Ordinance, this Ordinance
shall have effect only in relation to offences wholly or partly committed
on or after the commencement thereof.

2. (1) A person commits theft if he dishonestly appropriates
property belonging to another with the intention of permanently
depriving the other of it; and 'thief' and 'steal' shall be construed
accordingly.

(2) It is immaterial whether the appropriation is made with a view to
gain, or is made for the thief's own benefit.

(3) Sections 3 to 7 shall have effect as regards the interpretation
and operation of this section (and except as otherwise provided by this
Ordinance shall apply only for purposes of this section).

3. (1) A person's appropriation of property belonging to another is
not to be regarded as dishonest-

(a)if he appropriates the property in the belief that he has in law
the right to deprive the other of it. on behalf of himself or of a
third person; or

(b)if he appropriates the property in the belief that he would
have the other's consent if the other knew of the appropriation
and the circumstances of it; or

(c)(except where the property came to him as trustee or personal
representative) if he appropriates the property in the belief
that the person to whom the property belongs cannot be
discovered by taking reasonable steps.

(2) A person's appropriation of property belonging to another may
be dishonest notwithstanding that he is willing to pay for the property.

4. (1) Any assumption by a person of the rights of an owner
amounts to an appropriation, and this includes, where he has come by
the property (innocently or not) without stealing it, any later assumption
of a right to it by keeping or dealing with it as owner.





(2) Where property or a right or interest in property is or purports
to be transferred for value to a person acting in good faith, no later
assumption by him of rights which he believed himself to be acquiring
shall, by reason of any defect in the transferor's title, amount to theft of
the property.

5. (1) 'Property' includes money and all other property, real and
personal, including things in action and other intangible property.

(2) A person cannot steal land, or things forming part of land and
severed from it by him or by his directions, except in the following
cases, that is to say

(a)when he is a trustee or personal representative, or is
authorized by power of attorney, or as liquidator of a
company, or otherwise, to sell or dispose of land belonging to
another, and he appropriates the land or anything forming part
of it by dealing with it in breach of the confidence reposed in
him; or

(b)when he is not in possession of the land and appropriates
anything forming part of the land by severing it or causing it
to be severed, or after it has been severed; or

(e)when, being in possession of the land under a tenancy, he
appropriates the whole or part of any fixture or structure let to
be used with the land.

(3) For the purposes of subsection (2)-

'land' does not include incorporeal hereditaments;

'tenancy' means a tenancy for years or for any less period and includes
an agreement for such a tenancy, but a person who after the end of
a tenancy remains in possession by virtue of any Ordinance or
otherwise is to be treated as having possession under the tenancy,
and 'let' shall be construed accordingly.

(4) A person who picks mushrooms growing wild on any land, or
who picks flowers, fruit or foliage from a plant growing wild on any land,
does not (although not in possession of the land) steal what he picks,
unless he does it for reward or for sale or other commercial purpose.

(5) For the purposes of subsection (4) 'mushroom' includes any
fungus, and'plant' includes any shrub or tree.

(6) Wild creatures, tamed or untamed, shall be regarded as
property; but a person cannot steal a wild creature not tamed nor
ordinarily kept in captivity, or the carcass of any such creature, unless
either it has been reduced into possession by or on behalf of another
person and possession of it has not since been lost or abandoned, or
another person is in course of reducing it into possession.





6. (1) Property shall be regarded as belonging to any person
having possession or control of it, or having in it any proprietary right
or interest (not being an equitable interest arising only from an
agreement to transfer or grant an interest).

(2) Where property is subject to a trust, the person to whom it
belongs shall be regarded as including any person having a right to
enforce the trust, and an intention to defeat the trust shall be regarded
accordingly as an intention to deprive of the property any person
having that right.

(3) Where a person receives property from or on account of
another, and is under an obligation to the other to retain and deal with
that property or its proceeds in a particular way, the property or its
proceeds shall be regarded (as against him) as belonging to the other.

(4) Where a person gets property by another's mistake, and is
under an obligation to make restoration (in whole or in part) of the
property or its proceeds or of the value thereof, then to the extent of
that obligation the property or its proceeds shall be regarded (as against
him) as belonging to the person entitled to restoration, and an intention
not to make restoration shall be regarded accordingly as an intention to
deprive that person of the property or proceeds.

(5) Property of a corporation sole shall be regarded as belonging to
the corporation notwithstanding a vacancy in the corporation.

7. (1) A person appropriating property belonging to another
without meaning the other permanently to lose the thing itself is
nevertheless to be regarded as having the intention of permanently
depriving the other of it if his intention is to treat the thing as his own to
dispose of regardless of the other's rights; and a borrowing or lending
of it may amount to so treating if, but only if, the borrowing or lending
of it is for a period and in circumstances making it equivalent to an
outright taking or disposal.

(2) Without prejudice to the generality of subsection (1), where a
person, having possession or control (lawfully or not) of property
belonging to another, parts with the property under a condition as to its
return which he may not be able to perform, this (if done for purposes of
his own and without the other's authority) amounts to treating the
property as his own to dispose of regardless of the other's rights.

8. (1) Section 5(1) and section 6(1) shall apply generally for the
purposes of this Ordinance as they apply for the purposes of section 2.

(2) For the purposes of this Ordinance

'gain' and 'loss' are to be construed as extending only to gain or loss
in money or other property, but as extending to any such gain or
loss whether temporary or permanent; and





(a)'gain' includes a gain by keeping what one has, as well as a
gain by getting what one has not; and

(b)'loss' includes a loss by not getting what one might get, as
well as a loss by parting with what one has;

'goods' except in so far as the context otherwise requires, includes
money and every other description of property except land, and
includes things severed from the land by stealing.

THEFT, ROBBERY, BURGLARY, ETC.

9. Any person who commits theft shall be guilty of an offence
and shall be liable on conviction upon indictment to imprisonment
for 10 years.

10. (1) A person commits robbery if he steals, and imme-
diately before or at the time of doing so, and in order to do so, he
uses force on any person or puts or seeks to put any person in fear
of being then and there subjected to force.

(2) Any person who commits robbery, or an assault with
intent to rob, shall be guilty of an offence and shall be liable on
conviction upon indictment to imprisonment for life.

11. (1) A person commits burglary if-

(a)he enters any building or part of a building as a trespasser
and with intent to commit any such offence as is mentioned
in subsection (2); or

(b)having entered any building or part of a building as a
trespasser he steals or attempts to steal anything in the
building or that part of it or inflicts or attempts to inflict on
any person therein any grievous bodily harm.

(2) The offences referred to in subsection (1)(a) are-

(a)stealing anything in the building or part of a building in
question;

(b)inflicting on any person therein any grievous bodily harm
or raping any woman therein; and

(e) doing unlawful damage to the building or anything therein.

(3) References in subsections (1) and (2) to a building shall
apply also to an inhabited vehicle or vessel, and shall apply to any
such vehicle or vessel at times when the person having a habitation
in it is not there as well as at times when he is.

(4) Any person who commits burglary shall be guilty of an
offence and shall be liable on conviction upon indictment to im-
prisonment for 14 years.

12. (1) A person commits aggravated burglary if he commits
any burglary and at the time has with him any firearm or imitation
firearm, any weapon of offence, or any explosive.





(2) For the purposes of subsection (1)

'firearm' includes an airgun or air pistol;

'imitation firearm' means anything which has the appearance of being a
firearm, whether capable of being discharged or not;

weapon of offence' means any article made or adapted for use for
causing injury to or incapacitating a person, or intended by the
person having it with him for such use;

'explosive' means any article manufactured for the purpose of
producing a practical effect by explosion, or intended by the person
having it with him for that purpose.

(3) Any person who commits aggravated burglary shall be guilty of
an offence and shall be liable on conviction upon indictment to
imprisonment for life.

13. (1) Subject to subsections (3) and (4), where the public have
access to a building in order to view the building or part of it or a
collection housed in it, any person who without lawful authority
removes from the building or its grounds the whole or part of any article
displayed or kept for display to the public in the building or that part of
it or in its grounds, shall be guilty of an offence and shall be liable on
conviction upon indictment to imprisonment for 5 years.

(2) For the purposes of subsection (1)

'collection' includes a collection got together for a temporary purpose,
but references in this section to a collection do not apply to a
collection made or exhibited for the purpose of effecting sales or
other commercial dealings.

(3) It is immaterial for the purposes of subsection (1) that the
public's access to a building is limited to a particular period or particular
occasion; but where anything removed from a building or its grounds is
there otherwise than as forming part of, or being on loan for exhibition
with, a collection intended for permanent exhibition to the public, the
person removing it does not thereby commit an offence under this
section unless he removes it on a day when the public have access to
the building as mentioned in subsection (1).

(4) A person does not commit an offence under this section if he
believes that he has lawful authority for the removal of the thing in
question or that he would have it if the person entitled to give it knew of
the removal and the circumstances of it.

14. (1) Subject to subsections (2) and (3), any person who, without
having the consent of the owner or other lawful authority, takes any
conveyance for his own or another's use, or knowing that any
conveyance has been taken without such authority, drives it or allows
himself to be carried on or in it, shall be guilty of an offence and shall be
liable on conviction upon indictment to imprisonment for 3 years.





(2) Subsection (1) shall not apply in relation to pedal cycles or
rickshaws, but, subject to subsection (3), any person who, without
having the consent of the owner or other lawful authority, takes a
pedal cycle or rickshaw for his own or another's use, or rides a pedal
cycle or rickshaw knowing it to have been taken without such au-
thority, shall be guilty of an offence and shall be liable on conviction
to a fine of $500.

(3) A person does not commit an offence under this section by
anything done in the belief that he has lawful authority to do it or
that he would have the owner's consent if the owner knew of his
doing it and the circumstances of it.

(4) For the purposes of this section-

'conveyance' means any conveyance constructed or adapted for the
carriage of a person whether by land, water or air, except that it
does not include a conveyance constructed or adapted for use
only under the control of a person not carried in or on it, and
'drive' shall be construed accordingly; and

,,owner' in relation to a conveyance which is the subject of a hiring
agreement or hire-purchase agreement means the person in
possession of the conveyance under that agreement.

15. Any person who dishonestly uses without due authority, or
dishonestly causes to be wasted or diverted, any electricity shall be
guilty of an offence and shall be liable on conviction upon indict-
ment to imprisonment for 5 years.

16. Any person who dishonestly uses a public telephone or
telex system with intent to avoid payment shall be guilty of an
offence and shall be liable on conviction to imprisonment for 2
years.

FRAUD AND BLACKMAIL

17. (1) Any person who by any deception (whether or not
such deception was the sole or main inducement) dishonestly
obtains property belonging to another, with the intention of per-
manently depriving the other of it, shall be guilty of an offence and
shall be liable on conviction upon indictment to imprisonment for
10 years.

(2) For the purposes of this section a person is to be treated as
obtaining property if he obtains ownership, possession or control of
it, and 'obtain' includes obtaining for another or enabling another
to obtain or to retain.

(3) Section 7 shall apply for the purposes of this section, with
the necessary adaptation of the reference to appropriating as it
applies for the purposes of section 2.





(4) For the purposes of this section-

'deception' means any deception (whether deliberate or reckless) by
words or conduct as to fact or as to law, including a deception
relating to the past, the present or the future and a deception as
to the intentions or opinions of the person using the deception
or any other person.

18. (1) Any person who by any deception (whether or not
such deception was the sole or main inducement) dishonestly
obtains for himself or another any pecuniary advantage shall be
guilty of an offence and shall be liable on conviction upon indict-
ment to imprisonment for 10 years.

(2) The cases in which a pecuniary advantage within the
meaning of this section is to be regarded as obtained for a person
are cases where-
(a)he is granted by a bank or deposit-taking company, or any
subsidiary thereof the principal business of which is the
provision of credit-
(i) a credit facility or credit arrangement;
(ii) an improvement to, or extension of, the terms of a
credit facility or credit arrangement; or
(iii) a credit to, or a set off against, an account,
whether any such credit facility, credit arrangement or
account-

(A) is in his name or the name of another person; or
(B)is legally enforceable or not; (Added, 46 of
1986, s. 2)

(b)he is allowed to borrow by way of overdraft, or to take out
any policy of insurance or annuity contract, or obtains an
improvement on the terms on which he is allowed to do so,
whether any such overdraft, policy of insurance or annuity
contract-
(i) is in his name or the name of another person; or
(ii) is legally enforceable or not; or (Replaced, 46 of
1986, s. 2)

(c)he is given the opportunity to earn remuneration or greater
remuneration in an office or employment, or to win money
by betting.

(3) For the purposes of this section-

'bank' means-
(a)a bank within the meaning of section 2(1) of the Banking
Ordinance; and

(b) a bank-
(i) incorporated by or under the law or other authority
in any place outside Hong Kong, and in this respect
'incorporated' includes established; and





(ii) which is not licensed under section 16 of the Banking
Ordinance;

'deception' has the same meaning as in section 17;

'deposit-taking company' has the same meaning as in section 2(1) of
the Banking Ordinance;

'subsidiary' has the same meaning as in the Companies Ordinance.

(Replaced, 46 of 1986, s. 2)

18A. (1) A person who by any deception (whether or not such
deception was the sole or main inducement) dishonestly obtains
services from another shall be guilty of an offence and shall be liable on
conviction upon indictment to imprisonment for 10 years.

(2) It is an obtaining of services where the other is induced to
confer a benefit by doing some act, or causing or permitting some act to
be done, on the understanding that the benefit has been or will be paid
for.

(3) For the purposes of this section, 'deception' has the same
meaning as in section 17.

(Added, 45 of 1980, s. 3)

18B. (1) Subject to subsection (2), where a person by any
deception (whether or not such deception was the sole or main
inducement)

(a)dishonestly secures the remission of the whole or part of any
existing liability to make a payment, whether his own liability or
another's

(b)with intent to make default (whether the default is permanent or
otherwise) in whole or in part on any existing liability to make a
payment, or with intent to let another do so, dishonestly
induces the creditor or any person claiming payment on behalf
of the creditor to wait for payment (whether or not the due date
for payment is deferred) or to forgo payment; or

(c)dishonestly obtains any exemption from or abatement of
liability to make a payment,

he shall be guilty of an offence and shall be liable on conviction upon
indictment to imprisonment for 10 years.

(2) For the purposes of this section 'liability' means legally
enforceable liability; and subsection (1) shall not apply in relation to a
liability that has not been accepted or established to pay compensation
for a wrongful act or omission.

(3) For the purposes of subsection (1)(b) a person induced to take
in payment a cheque or other security for money by way of conditional
satisfaction of a pre-existing liability is to be treated not as being paid
but as being induced to wait for payment.





(4) For the purposes of subsection (1)(c) 'obtains' includes
obtaining for another or enabling another to obtain.

(5) For the purposes of this section, 'deception' has the same
meaning as in section 17.

(Added, 45 of 1980, s. 3)

18C. (1) Subject to subsection (3), a person who, knowing that
payment on the spot for any goods supplied or service done is required
or expected from him, dishonestly makes off without having paid as
required or expected and with intent to aviod payment of the amount
due shall be guilty of an offence and shall be liable on conviction upon
indictment to imprisonment for 3 years.

(2) For the purposes of this section 'payment on the spot'
includes payment at the time of collecting goods on which work has
been done or in respect of which service has been provided.

(3) Subsection (1) shall not apply where the supply of the goods or
the doing of the service is contrary to law, or where the service done is
such that payment is not legally enforceable.

(Added, 45 of 1980, s. 3)

18D. (1) Any person who dishonestly, with a view to gain for
himself or another or with intent to cause loss to another, by any
deception (whether or not such deception was the sole or main
inducement) procures the making, omission, altering, abstracting,
concealing or destruction of an entry in a record of a bank or deposit-
taking company, or any subsidiary thereof the principal business of
which is the provision of credit, shall be guilty of an offence and shall
be liable on conviction upon indictment to imprisonment for 10 years.

(2) For the purposes of this section-

'bank' means

(a)a bank within the meaning of section 2(1) of the Banking
Ordinance; and

(b) a bank-

(i) incorporated by or under the law or other authority in
any place outside Hong Kong, and in this respect
'incorporated' includes established; and

(ii) which is not licensed under section 16 of the Banking
Ordinance;

'deception' has the same meaning as in section 17;

'deposit-taking company' has the same meaning as in section 2(1) of
the Banking Ordinance;

record' includes-

(a)any document or record used in the ordinary business of a
bank or deposit-taking company, or any subsidiary thereof
the principal business of which is the provision of credit; and





(b)any document or record so used which is kept otherwise than
in a legible form and is capable of being reproduced in a
'subsidiary', has the same meaning as in the Companies Ordinance.
(Added, 46 of 1986, s. 3)

19. (1) Where a person dishonestly, with a view to gain for himself
or another or with intent to cause loss to another

(a)destroys, defaces, conceals or falsifies any account or any
record or document made or required for any accounting
purpose; or

(b)in furnishing information for any purpose produces or makes
use of any account, or any such record or document as
aforesaid, which to his knowledge is or may be misleading,
false or deceptive in a material particular,

he shall be guilty of an offence and shall be liable on conviction upon
indictment to imprisonment for 10 years. (Amended, 46 of 1986, s. 4)

(2) For the purposes of this section a person who makes or concurs
in making in an account or other document an entry which is or may be
misleading, false or deceptive in a material particular, or who omits or
concurs in omitting a material particular from an account or other
document, is to be treated as falsifying the account or document.

20. (1) Where an offence committed by a body corporate under
section 17, 18, ]8A, 18B, 18D,, 19 or 22(2) is proved to have been
committed with the consent or connivance of any director, manager,
secretary or other similar officer of the body corporate, or any person
who was purporting to at in any such capacity, he as well as the body
corporate shall be guilty of that offence, and shall be liable to be
proceeded against and punished accordingly. (Amended, 45 of 1980, s. 4
and 46 qf 1986, s. 5)

(2) Where the affairs of a body corporate are managed by its
members, this section shall apply in relation to the acts and defaults of a
member in connexion with his functions of management as if he were a
director of the body corporate.

21. (1) Where an officer of a body corporate or unincorporated
association (or person purporting to act as such) with intent to deceive
members or creditors of the body corporate or association about its
affairs, publishes or concurs in publishing a written statement or
account which to his knowledge is or may be misleading, false or
deceptive in a material particular, he shall be guilty of an ofrence and
shall be liable on conviction upon indictment to imprisonment for 10
years. (Amended, 13 of 1974, s. 9 and 46 of 1986, s. 6)





(2) For the purposes of this section a person who has entered
into a security for the benefit of a body corporate or association is to
be treated as a creditor of it.

(3) Where the affairs of a body corporate or association are
managed by its members, this section shall apply to any statement
which a member publishes or concurs in publishing in connexion
with his functions of management as if he were an officer of the body
corporate or association.

22. (1) Any person who dishonestly, with a view to gain for
himself or another or with intent to cause loss to another, destroys,
defaces or conceals any valuable security, any will or other testa-
mentary document or any original document of or belonging to, or
filed or deposited in, any court or any government department shall
be guilty of an offence and shall be liable on conviction upon indict-
ment to imprisonment for 10 years. (Amended, 46 of 1986, s. 7)

(2) Any person who dishonestly, with a view to gain for
himself or another or with intent to cause loss to another, by any
deception (whether or not such deception was the sole or main
inducement) procures the execution of a valuable security shall be
guilty of an offence and shall be liable on conviction upon indict-
ment to imprisonment for 10 years. (Amended, 46 of 1986, s. 7)

(3) Subsection (2) shall apply in relation to the making,
acceptance, indorsement, alteration, cancellation or destruction in
whole or in part of a valuable security, and in relation to the signing
or sealing of any paper or other material in order that it may be
made or converted into, or used or dealt with as a valuable security,
as if that were the execution of a valuable security.

(4) For the purposes of this section-

'deception' has the same meaning as in section 17; and

'valuable security' means any document creating, transferring,
surrendering, or releasing any right to, in or over property, or
authorizing the payment of money or delivery of any property,
or evidencing the creation, transfer, surrender or release of any
such right, or the payment of money or delivery of any prop-
erty, or the satisfaction of any obligation.

23. (1) A person commits blackmail if, with a view to gain for
himself or another or with intent to cause loss to another, he makes
any unwarranted demand with menaces; and for this purpose a
demand with menaces is unwarranted unless the person making it
does so in the belief---

(a)that he has reasonable grounds for making the demand;
and

(b)that the use of the menaces is a proper means of reinforcing
the demand.





(2) The nature of the act or omission demanded is immaterial,
and it is also immaterial whether the menaces relate to action to be
taken by the person making the demand.

(3) Any person who commits blackmail shall be guilty of an
offence and shall be liable on conviction upon indictment to im-
prisonment for 14 years.

(4) Any person who has in his possession or under his control
any letter or writing making any unwarranted demand of any person
with menaces shall be guilty of an offence and shall be liable on
conviction upon indictment to imprisonment for 10 years.

(5) A person does not commit an offence under subsection (4)
if he proves that he had the letter or writing in his possession or
control otherwise than with intent to utter it.

OFFENCES RELATING TO GOODS STOLEN, ETC.

24. (1) A person handles stolen goods if (otherwise than in
the course of the stealing) knowing or believing them to be stolen
goods he dishonestly receives the goods, or dishonestly undertakes
or assists in their retention, removal, disposal or realization by or for
the benefit of another person, or if he arranges to do so.

(2) Any person who handles stolen goods shall be guilty of an
offence and shall be liable on conviction upon indictment to im-
prisonment for 14 years.

25. Where any public advertisement of a reward for the return
of any goods which have been stolen or lost uses any words to the
effect that no questions will be asked, or that the person producing
the goods will be safe from apprehension or inquiry, or that any
money paid for the purchase of the goods or advanced by way of
loan on them will be repaid, the person advertising the reward and
any person who prints or publishes the advertisement shall be guilty
of an offence and shall be liable on conviction to a fine of $2,000.

26. (1) The provisions of this Ordinance relating to goods
which have been stolen shall apply whether the stealing occurred in
Hong Kong or elsewhere, and whether it occurred before or after the
commencement of this Ordinance, provided that the stealing (if not
an offence under this Ordinance) amounted to an offence where and
at the time when the goods were stolen; and references to stolen
goods shall be construed accordingly.

(2) For the purposes of those provisions references to stolen
goods shall include, in addition to the goods originally stolen and
parts of them (whether in their original state or not)-

(a)any other goods which directly or indirectly represent or
have at any time represented the stolen goods in the hands
of the thief as being the proceeds of any disposal or reali-
zation of the whole or part of the goods stolen or of goods
so representing the stolen goods; and





(b)any other goods which directly or indirectly represent or have
at any time represented the stolen goods in the hands of a
handler of the stolen goods or any part of them as being the
proceeds of any disposal or realization of the whole or part of
the stolen goods handled by him or of goods so representing
them.

(3) No goods shall be regarded as having continued to be stolen
goods after they have been restored to the person from whom they were
stolen or to other lawful possession or custody, or after that person and
any other person claiming through him have otherwise ceased as
regards those goods to have any right to restitution in respect of the
theft.

(4) For the purposes of the provisions of this Ordinance relating to
goods which have been stolen (including subsections (1) to (3) ) goods
obtained in Hong Kong or elsewhere either by blackmail or in the
circumstances described in section 17(1) shall be regarded as stolen;
and 'steal', 'theft' and 'thief' shall be construed accordingly.

POSSESSION OF HOUSEBREAKING IMPLEMENTS,
ETC.

27. (1) Any person who, when not at his place of abode, has with
him any article for use in the course of or in connexion with any
burglary, theft or cheat shall be guilty of an offence and shall be liable
on conviction upon indictment to imprisonment for 3 years.

(2) Where a person is charged with an offence under this section,
proof that he had with him any article made or adapted for use in
committing a burglary, theft or cheat shall be evidence that he had it
with him for such use.

(3) For the purposes of this section an offence under section 14 of
taking a conveyance shall be treated as theft, and 'cheat' means an
offence under section 17.

ENFORCEMENT AND
PROCEDURE

28. (1) If it is made to appear by information on oath before a
magistrate that there is reasonable cause to believe that any person has
in his custody or possession or on his premises any stolen goods, the
magistrate may grant a warrant to search for and seize the same.

(2) A police officer not below the rank of Superintendent may give
any police officer written authority to search any premises for stolen
goods

(a)if the person in occupation of the premises has been
convicted within the preceding 5 years of handling stolen
goods or of any offence involving dishonesty and
punishable with imprisonment; or





(b)if a person who has been convicted within the preceding 5
years of handling stolen goods has within the preceding 12
months been in occupation of the premises.

(3) Where under this section a person is authorized to search
premises for stolen goods, he may enter and search the premises
accordingly, and may seize any goods he believes to be stolen goods.

(4) Section 102 of the Criminal Procedure Ordinance (which makes
provision for the disposal of property connected with offences) shall
apply to property which has come into the possession of the police
under this section as it applies to property which has come into the
possession of the police in the circumstances mentioned in that section.

(5) This section is to be construed in accordance with section 26
and in subsection (2) of this section the references to handling stolen
goods shall include any corresponding offence committed before the
commencement of this Ordinance.

29. (1) Any number of persons may be charged in one indictment,
information or charge with reference to the same theft, with having at
different times or at the same time handled all or any of the stolen
goods, and the persons so charged may be tried together.

(2) On the trial of 2 or more persons charged or indicted for jointly
handling any stolen goods, the court or jury may find any one of the
accused guilty if the court or jury is satisfied that he handled all or any
of the stolen goods, whether or not he did so jointly with the other
accused or any of them.

(3) Where a person is being proceeded against for handling stolen
goods (but not for any offence other than handling stolen goods), then
at any stage of the proceedings, if evidence has been given of his
having or arranging to have in his possession the goods the subject of
the charge, or of his undertaking or assisting in, or arranging to
undertake or assist in, their retention, removal, disposal or realization,
the following evidence shall be admissible for the purpose of proving
that he knew or believed the goods to be stolen goods

(a)evidence that he has had in his possession, or has
undertaken or assisted in the retention, removal, disposal or
realization of, stolen goods from any theft taking place not
earlier than 12 months before the offence charged; and

(b)(if 7 days notice in writing has been given to him of the
intention to prove the conviction) evidence that he has within
the 5 years preceding the date of the offence charged been
convicted of theft or of handling stolen goods.

(4) In any proceedings for the theft of anything in the course of
transmission (whether by post or otherwise), or for handling stolen
goods from such a theft, a statutory declaration made by any person
that he despatched or received or failed to receive any goods or postal
packet, or that any goods or postal packet, when des





patched or received by him were in a particular state or condition,
shall be admissible as evidence of the facts stated in the declaration,
subject to the following conditions-

(a)a statutory declaration shall only be admissible where and
to the extent to which oral evidence to the like effect would
have been admissible in the proceedings; and

(b)a statutory declaration shall only be admissible if at least
7 days before the hearing or trial a copy of it has been given
to the person charged, and he has not, at least 3 days before
the hearing or trial or within such further time as the court
may in special circumstances allow, given the prosecutor
written notice requiring the attendance at the hearing or
trial of the person making the declaration.

(5) This section is to be construed in accordance with section
26, and in subsection (3)(b) of this section the reference to handling
stolen goods shall include any corresponding offence committed
before the commencement of this Ordinance.

(6) In any proceedings for an offence under section 17, 18, 18A
or 18B- (Amended, 45 qf 1980, s. 5)

(a) any person who-
(i) obtains property, pecuniary advantage or services
by means of a cheque or other bill of exchange which is
refused payment upon presentation on or after becoming
due shall, until the contrary is proved, be deemed to have
obtained the property, pecuniary advantage or services
with knowledge that such cheque or other bill of exchange
would not be honoured; or
(ii) evades liability to make a payment by means of a
cheque or other bill of exchange which is refused payment
upon presentation on or after becoming due shall, until the
contrary is proved, be deemed to have evaded the liability
to make a payment with knowledge that such cheque or
other bill of exchange would not be honoured; (Re-
placed, 45 of 1980, s. 5)

(b) where-
(i) any cheque or other bill of exchange bears any
writing purporting to be written by or on behalf of the
bank or other person on whom the cheque or bill of ex-
change was drawn and indicating that payment of the
cheque or bill of exchange was refused upon presentation
on or after becoming due; or
(ii) any document purporting to be made by or on
behalf of the bank or other person on whom any cheque or
bill of exchange was drawn bears any writing indicating
that payment of the cheque or bill of exchange was refused
upon presentation on or after becoming due,
then payment of the cheque or bill of exchange shall, until
the contrary is proved, be deemed to have been so refused;





(c)the provisions of this subsection shall apply whether or not
the bank or other person on whom the cheque or bill of
exchange was drawn carries on business in Hong Kong
and whether the writing was written on the cheque or bill
of exchange or the document within or outside Hong Kong;

(d)any document purporting to be a document of the kind
specified in paragraph (b) or purporting to be a copy or
reproduction of any such document shall be admitted in
evidence on its production by the prosecution without
further proof,

(e)where any cheque or bill of exchange or any document of
the kind specified in paragraph (b), or any copy or repro-
duction of such document, is to be adduced in evidence, a
copy thereof shall be served on the defendant not less than
14 days before the commencement of the trial;

if service is not effected in accordance with paragraph (e),
the court may on application by the accused grant an
adjournment for such period as it considers just.

30. (1) Where goods have been stolen, and a person is con-
victed of any offence with reference to the theft (whether or not the
stealing is the gist of his offence), the court by or before which the
offender is convicted may on the conviction exercise any of the
following powers-

(a)the court may order anyone having possession or control
of the goods to restore them to any person entitled to
recover them from him; or

(b)on the application of a person entitled to recover from the
person convicted any other goods directly or indirectly
representing the first-mentioned goods (as being the pro-
ceeds of any disposal or realization of the whole or part of
them or of goods so representing them), the court may
order those other goods to be delivered or transferred to
the applicant; or

(c)on the application of a person who, if the first-mentioned
goods were in the possession of the person convicted,
would be entitled to recover them from him, the court may
order that a sum not exceeding the value of those goods
shall be paid to the applicant out of any money of the
person convicted which was taken out of his possession on
his apprehension.

(2) Where under subsection (1) the court has power on a
person's conviction to make an order against him both under
paragraph (b) and under paragraph (c) with reference to the stealing
of the same goods, the court may make orders under both para-
graphs provided that the applicant for the orders does not thereby
recover more than the value of those goods.





(3) Where under subsection (1) the court on a person's convic-
tion makes an order under paragraph (a) for the restoration of any
goods, and it appears to the court that the person convicted has sold
the goods to a person acting in good faith, or has borrowed money
on the security of them from a person so acting, then on the
application of the purchaser or lender the court may order that there
shall be paid to the applicant, out of any money of the person
convicted which was taken out of his possession on his apprehen-
sion, a sum not exceeding the amount paid for the purchase by the
applicant or, as the case may be, the amount owed to the applicant
in respect of the loan.

(4) The court shall not exercise the powers conferred by this
section unless in the opinion of the court the relevant facts suffi-
ciently appear from evidence given at the trial or the available
documents, together with admissions made by or on behalf of any
person in connexion with any proposed exercise of the powers; and
for this purpose 'the available documents' means any written
statements or admissions which were made for use, and would have
been admissible, as evidence at the trial, the depositions taken at any
committal proceedings and any written statements or admissions
used as evidence in those proceedings.

(5) Any order under this section shall be treated as an order
for the restitution of property within the meaning of section 83X of
the Criminal Procedure Ordinance.

(6) References in this section to stealing are to be construed in
accordance with section 26(1) and (4).

GENERAL AND CONSEQUENTIAL PROVISIONS

31. (1) This Ordinance shall apply in relation to the parties to
a marriage, and to property belonging to the wife or husband
whether or not by reason of an interest derived from the marriage, as
it would apply if they were not married and any such interest
subsisted independently of the marriage.

(2) Subject to subsection (4), a person shall have the same
right to bring proceedings against that person's wife or husband for
any offence (whether under this Ordinance or otherwise) as if they
were not married, and a person bringing any such proceedings shall
be competent to give evidence for the prosecution at every stage of
the proceedings.

(3) Where a person is charged in proceedings not brought by
that person's wife or husband with having committed any offence
with reference to that person's wife or husband or to property
belonging to the wife or husband, the wife or husband shall be
competent to give evidence at every stage of the proceedings,
whether for the defence or for the prosecution, and whether the
accused is charged solely or jointly with any other person:





Provided that-

(a)the wife or husband (unless compellable at common law)
shall not be compellable either to give evidence or, in
giving evidence, to disclose any communication made to
her or him during the marriage by the accused; and

(b)her or his failure to give evidence shall not be made the
subject of any comment by the prosecution.

(4) Proceedings shall not be instituted against a person for any
offence of stealing or doing unlawful damage to property which at
the time of the offence belongs to that person's wife or husband, or
for any attempt, incitement or conspiracy to commit such an
offence, unless the proceedings are instituted by or with the consent
of the Attorney General:

Provided that-

(a)this subsection shall not apply to proceedings against a
person for an offence-
(i) if that person is charged with committing the offence
jointly with the wife or husband; or
(ii) if by virtue of any judicial decree or order (wherever
made) that person and the wife or husband -are at the time
of the offence under no obligation to cohabit; and

(b)this subsection shall not prevent the arrest, or the issue of a
warrant for the arrest, of a person for an ofrence, or the
remand in custody or admission to bail of a person charged
with an offence, where the arrest (if without a warrant) is
made, or the warrant of arrest issues on an information
laid, by a person other than the wife or husband.

32. (1) If on the trial of any information, charge or indict-
ment for an offence specified in the first column of the Schedule it is
proved that the accused is not guilty of that offence but guilty of one
of the offences specified opposite thereto in the second column of
that Schedule or of attempting or being a party to an offence so
specified, the accused shall be acquitted of the offence originally
charged and shall be convicted of such other offence or of attempt-
ing or being a party to such other offence and be liable to be
punished accordingly.

(2) The references in the Schedule to numbered sections and
subsections shall be construed to include every offence under the
section or subsection so numbered in this Ordinance.

(3) Nothing in this section or in the Schedule shall exclude the
application to any offence of any other law authorizing a person to
be found guilty of an offence other than that with which he is
charged.

33. (1) A person shall not be excused, by reason that to do so
may incriminate that person or the wife or husband of that person of
an offence under this Ordinance-





(a)from answering any question put to that person in
proceedings for the recovery or administration of any
property, for the execution of any trust or for an account of
any property or dealings with property; or

(b)from complying with any order made in any such proceedings,

but no statement or admission made by a person in answering a
question put or complying with an order made as aforesaid shall, in
proceedings for an offence under this Ordinance, be admissible in
evidence against that person or (unless they married after the making of
the statement or admission) against the wife or husband of that person.

(2) Notwithstanding any enactment to the contrary, where
property has been stolen or obtained by fraud or other wrongful means,
the title to that or any other property shall not be affected by reason
only of the conviction of the offender.

34. (1) The following offences at common law are hereby abolished
for all purposes not relating to offences committed before the
commencement of this Ordinance, that is to say, any offence at common
law of larceny, robbery, burglary, receiving stolen property, obtaining
property by threats, extortion by colour of office or franchise, false
accounting by public officers, concealment of treasure trove and, except
as regards offences relating to the public revenue, cheating.

(2) Except as regards offences committed before the
commencement of this Ordinance, and except as the context otherwise
requires

(a)references in any enactment passed before this Ordinance to
an offence abolished or contained in* any provision repealed
by this Ordinance shall, subject to any express amendment or
repeal made by this Ordinance, have effect as references to
the corresponding offence under this Ordinance, and in any
such enactment 'receive' (when the expression relates to an
offence of receiving) shall mean handle, and 'receiver' shall
be construed accordingly; and

(b)without prejudice to paragraph (a), references in any
enactment, whenever passed, to theft or stealing (including
references to stolen goods), and references to robbery,
burglary, aggravated burglary or handling stolen goods, shall
be construed in accordance with the provisions of this
Ordinance, including those of section 26.

35. (1) Sections 29 and 30 shall apply in relation to proceedings for
an offence committed before the commencement of this Ordinance as
they would apply in relation to proceedings for a corresponding offence
under this Ordinance and shall so apply in place of any corresponding
enactment repealed by this Ordinance.





(2) Subject to subsection (1), no repeal or amendment by this
Ordinance of any enactment relating to procedure or evidence, or to the
jurisdiction or powers of any court, or to the effect of a conviction, shall
affect the operation of the enactment in relation to offences committed
before the commencement of this Ordinance or to proceedings for any
such offence.

SCHEDULE [s. 32.]
ALTERNATIVE VERDICTS

Offences Other offences of which the defendant
of
may be found guilt
1. Theft (section 9). (i) Taking conveyance without authority
(section 14).

(ii)Obtaining property by deception (section 17).
(iii) Obtaining pecuniary advantage by deception
(section 18).
(iv) Obtaining services by deception (section 18A)
(v)Evasion of liability by deception (section 18B).
(vi) Making off without payment (section 18C)
(vii) False accounting (section 19).

(viii) Handling stolen goods (section 24). (ix)
Going equipped for stealing (section 27).

2. Robbery (section 10).(i) Theft (section 9).
(ii) Assault with intent to rob (section 10).
(iii) Blackmail (section 23(1) ).
(iv) Handling stolen goods (section 24).
(v) Common assault.
3. Assault with intent to(i) Theft (section 9).
rob (section 10).(ii) Robbery (section 10).

(iii) Blackmail (section
23(1)). (iv) Common assault.

4. Burglary (section 11). (i) Theft (section 9).
(ii) Handling stolen property (section 24).
(iii) Going equipped for stealing (section 27),
(iv) Inflicting grievous bodily harm.
5. Aggravated burglary (i) Theft (section 9).
(section 12).(ii) Burglary (section 11).

(iii) Handling stolen property (section 24).
(iv) Going equipped for stealing (section 27).
(v) Inflicting grievous bodily harm. (vi)
Possession of arms. (vii) Possession of
imitation firearm.

(viii) Possession of explosive.

6. Taking conveyance Going equipped for stealing (section 27).
without authority
(section 14(1)),
7. Obtaining property (i) Theft (section 9).
by deception (ii) Obtaining pecuniary advantage by deception
(section 17). (section 18).

(iii) Obtaining services by deception (section
18A). (iv) Evasion of liability by deception
(section 18B).





Offences Other offences of which the defebdant
may be found guilty
(y) Making off without payment (section 18C).
(vi) Blackmail (section 23(1)).
(vii) Handling stolen goods (section 24).
(viii) Going equipped for stealing (section 27).

8. Obtaining pecuniary (i) Theft (section 9).
advantage by decep- (ii) Obtaining property by deception (section 17).
tion (section 18). (iii) Evasion of liability by deception (section 18B).
(iv) Blackmail (section 23(1)).
(v) Handling stolen goods (section 24).
9. Evasion of liability (i) Theft (section 9).
by deception (ii) Obtaining property by deception (section 17).
(section 18B). (iii) Obtaining pecuniary advantage by deception
(section 18).
(iv) Obtaining services by deception (section ]8A).
(v) Making off without payment (section 18C).
(vi) Blackmail (section 23(1)).
10. Making off without (i) Theft (section 9).
payment (ii) Obtaining property by deception (section 18).
(section 18C). (iii) Obtaining services by deception (section 18A).
(iv) Evasion of liability by deception (section 18B).
(v) Blackmail (section 23(1)).
11. Blackmail (i) Obtaining property by deception (section 17).
(section 23(1)). (ii) Obtaining pecuniary advantage by deception
(section 18).
(iii) Obtaining services by deception (section 18A).
(iv) Evasion of liability by deception (section 18B).
(v) Making off without payment (section 1 8C).
(vi) Possession of blackmailing letter (section 23(4)).
(vii) Common assault.
(Amended, 45 of 1980, s. 6)
Originally 21 of 1970. 13 of 1974. 45 of 1980. 46 of 1986. L.N. 124/70. Short title and application. 1968, c. 60, s. 35(1). Basic definition of theft. 1968, c. 60, s. 1. 'Dishonestly' 1968, c. 60, s. 2. 'Appropriates'. 1968, c. 60, s. 3. Property. 1968, c. 60, s. 4. Belonging to another. 1968, c. 60, s. 5. With the intention of permanently depriving the other of it. 1968, c. 60, s. 6. Other definitions. 1968, c. 60, s. 34. Theft. 1968, c. 60, s. 7. Robbery. 1968, c. 60, s. 8. Burglary. 1968, c. 60, s. 9. Aggravated burglary. 1968, c. 60, s. 10. Removal of articles from places open to the public. 1968, c. 60, s. 11. Taking conveyance without authority. 1968, c. 60, s. 12. Abstracting of electricity. 1968, c. 60, s. 13. Dishonest use of public telephone or telex system. 1968, c. 60, Sch. 2, Pt. I, Para. 8. Obtaining property by deception. 1968, c. 60, s. 15. Obtaining pecuniary advantage by deception. 1968, c. 60, s. 16. (Cap. 155.) (Cap. 155.) (Cap. 155.) (Cap. 32.) Obtaining services by deception. 1978, c. 31, s. 1. Evasion of liability by deception. 1978, c. 31, s. 2. Making off without payment. 1978, c. 31, s. 3. Procuring false entry in certain records. (Cap. 155.) (Cap. 155.) (Cap. 155.) (Cap. 32.) False accounting. 1968, c. 60, s. 17. Liability of company officers for certain offences by company. 1968, c. 60, s. 18. False statements by company directors, etc. 1968, c. 60, s. 19. Suppression, etc. of documents. 1968, c. 60, s. 20. Blackmail. 1968, c. 60, s. 21. Handling stolen goods. 1968, c. 60, s. 22. Advertising rewards for return of goods stolen or lost. 1968, c. 60, s. 23. Scope of offences relating to stolen goods. 1968, c. 60, s. 24. Going equipped for stealing, etc. 1968, c. 60, s. 25. Search for stolen goods. 1968, c. 60, s. 26. (Cap. 221.) Evidence and procedure on charge of theft, handling stolen goods, and obtaining by deception. 1968, c. 60, s. 27. Orders for restitution. 1968, c. 60, s. 28. (Cap. 221.) Husband and wife. 1968, c. 60, s. 30. Verdict. Schedule. Effect on civil proceedings and rights. 1968, c. 60, s. 31. Effect on existing law and construction of references to offences. 1968, c. 60, s. 32. Transitional provisions. 1968, c. 60, s. 35(2)(3).

Originally 21 of 1970. 13 of 1974. 45 of 1980. 46 of 1986. L.N. 124/70. Short title and application. 1968, c. 60, s. 35(1). Basic definition of theft. 1968, c. 60, s. 1. 'Dishonestly' 1968, c. 60, s. 2. 'Appropriates'. 1968, c. 60, s. 3. Property. 1968, c. 60, s. 4. Belonging to another. 1968, c. 60, s. 5. With the intention of permanently depriving the other of it. 1968, c. 60, s. 6. Other definitions. 1968, c. 60, s. 34. Theft. 1968, c. 60, s. 7. Robbery. 1968, c. 60, s. 8. Burglary. 1968, c. 60, s. 9. Aggravated burglary. 1968, c. 60, s. 10. Removal of articles from places open to the public. 1968, c. 60, s. 11. Taking conveyance without authority. 1968, c. 60, s. 12. Abstracting of electricity. 1968, c. 60, s. 13. Dishonest use of public telephone or telex system. 1968, c. 60, Sch. 2, Pt. I, Para. 8. Obtaining property by deception. 1968, c. 60, s. 15. Obtaining pecuniary advantage by deception. 1968, c. 60, s. 16. (Cap. 155.) (Cap. 155.) (Cap. 155.) (Cap. 32.) Obtaining services by deception. 1978, c. 31, s. 1. Evasion of liability by deception. 1978, c. 31, s. 2. Making off without payment. 1978, c. 31, s. 3. Procuring false entry in certain records. (Cap. 155.) (Cap. 155.) (Cap. 155.) (Cap. 32.) False accounting. 1968, c. 60, s. 17. Liability of company officers for certain offences by company. 1968, c. 60, s. 18. False statements by company directors, etc. 1968, c. 60, s. 19. Suppression, etc. of documents. 1968, c. 60, s. 20. Blackmail. 1968, c. 60, s. 21. Handling stolen goods. 1968, c. 60, s. 22. Advertising rewards for return of goods stolen or lost. 1968, c. 60, s. 23. Scope of offences relating to stolen goods. 1968, c. 60, s. 24. Going equipped for stealing, etc. 1968, c. 60, s. 25. Search for stolen goods. 1968, c. 60, s. 26. (Cap. 221.) Evidence and procedure on charge of theft, handling stolen goods, and obtaining by deception. 1968, c. 60, s. 27. Orders for restitution. 1968, c. 60, s. 28. (Cap. 221.) Husband and wife. 1968, c. 60, s. 30. Verdict. Schedule. Effect on civil proceedings and rights. 1968, c. 60, s. 31. Effect on existing law and construction of references to offences. 1968, c. 60, s. 32. Transitional provisions. 1968, c. 60, s. 35(2)(3).

https://oelawhk.lib.hku.hk/items/show/2861

1964

v14

210

24