{"id":555,"date":"2021-06-20T00:48:43","date_gmt":"2021-06-19T16:48:43","guid":{"rendered":"https:\/\/cph-legal.com\/?page_id=555"},"modified":"2023-09-07T18:11:20","modified_gmt":"2023-09-07T10:11:20","slug":"theft-in-hong-kong","status":"publish","type":"page","link":"https:\/\/cph-legal.com\/en\/theft-in-hong-kong\/","title":{"rendered":"Theft as a crime in Hong Kong"},"content":{"rendered":"
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Theft cases per year<\/div>\t\t\t
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Shoplifting cases per year<\/div>\t\t\t
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In Hong Kong, there are numerous theft cases being heard in Courts every day. As per the statistics provided by the Hong Kong Police Force, there are around 15,000 theft cases every year.<\/p>

Theft may well be one of the oldest crime in human history. Legally speaking, a major element of this crime is a \"dishonest\" intent. In layman's terms, theft is caused by greed.<\/p>

Legal analysis of Theft<\/strong><\/span><\/p>

Pursuant to section 2 of Cap. 210 of the Laws of Hong Kong titled \"Theft Ordinance\", a person commits theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.<\/p>

As such, in theft cases, the Prosecution must prove the following 4 elements of the offence. For the sake of easier understanding, these elements are explained in much simplified and layman terms as below:<\/p>

Dishonestly:<\/span>\uff1a<\/p>

Whether or not the defendant acted dishonestly may be the most commonly argued point in theft cases.\u00a0<\/p>

In shoplifting cases, leaving the shop with knowingly unpaid goods is dishonest. Forgetting to pay for the goods is not dishonest.<\/p>

In theft by finding cases, picking up a wallet found in the street and intending to keep it is dishonest. Having picked up the wallet, if the person intends to give it to the police station, there is no dishonesty.\u00a0<\/p>

In breach of trust cases such as embezzlement, that is, alleged theft by employee of the employer's assets, if the employee took away the goods from the company knowing he had no rights to do so, this is dishonest. \n\nIf, on the other hand, the company had a policy that allowed employees to take away certain goods for themselves, for example some supermarkets do allow their staff to take away expired goods for their own consumption if they went through an often simple procedure, and the employee genuinely believed that he was entitled to take it home, then there is no dishonesty.\u00a0<\/p>

Appropriates<\/span>\uff1a<\/p>

In simple terms, taking away an item is appropriation. Or if a person by whatever way has an item in his possession, to continue to keep it is also appropriation.<\/p>

Property belonging to another<\/span>\uff1a<\/p>

It is self-explanatory in its plain and literal sense.<\/p>

For example, in shoplifting cases, the Prosecution needs to prove that the unpaid goods belonged to the shop. But do not estimate this seemingly obvious point. We have handled cases where the defendants were acquitted because the Prosecution were unable to put forward sufficient evidence to prove that the goods did belong to the shop.\u00a0<\/p>

With the intention of permanently depriving the other of it<\/span>\uff1a<\/p>

Section 7 of the Theft Ordinance states that someone having the \"intention is to treat the thing as his own to dispose of regardless of the other\u2019s rights\" is nevertheless to be regarded as having the intention of permanently depriving the other of it.<\/p>

\u00a0<\/p>

If you are charged with Theft, can you get away with it and not have a criminal record? What is O.N.E. Bindover?<\/strong><\/span><\/p>

A common form of theft is shoplifting (stealing in shops). CPH Legal handles a vast number of shoplifting cases. In cases involving relatively less severe facts, it is possible to apply via a lawyer to the DOJ for an O.N.E. Bindover order<\/a>, and if successful, you will \"get away\" without getting a criminal record.<\/p>

However, due to the prevalence of shoplifting, when you apply for a O.N.E. Bindover order, it is most important that your lawyer should set out in detail your otherwise good background and the circumstances leading up to your commission of the offence.<\/p>

Common circumstances include:<\/p>