THE HONG KONG GOVERNMENT GAZETTE, SEPTEMBER 6, 1935.
HONG KONG.
No. 32 of 1935.
I assent.
W. T. SOUTHORN,
L. S.
Officer Administering the Government.
6th September, 1935.
An Ordinance to consolidate, amend and simplify the law
relating to larceny and kindred offences.
[6th September, 1935.]
Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:
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1. This Ordinance may be cited as the Larceny Ordinance, Short title. 1935.
2. For the purposes of this Ordinance---
Definition.
6 & 7 Geo.
(1) A person steals who, without the consent of the 5, c. 50, s. 1. owner, fraudulently and without a claim of right made in good faith, takes and carries away anything capable of being stolen with intent, at the time of such taking, permanently to deprive the owner thereof: Provided that a person may be guilty of stealing any such thing notwithstanding that he has lawful possession thereof, if, being a bailee or part owner thereof, he fraudulently converts the same to his own use or the use of any person other than the owner:
(2)-(i) "Takes" includes obtaining the possession- (a) by any trick;
(b) by intimidation;
(c) under a mistake on the part of the owner with knowl- edge on the part of the taker that possession has been so obtained;
(d) by finding, where at the time of the finding the finder believes that the owner can be discovered by taking reasonable steps;
(ii) "Carries away" includes any removal of anything from the place which it occupies, but in the case of a thing attached, only if it has been completely detached;
(iii) "Owner" includes any part owner, or person having possession or control of, or a special property in, anything capable of being stolen:
(3) Everything which has value and is the property of any person, and if adhering to the realty then after severance therefrom, shall be capable of being stolen: Provided that-
(a) save as hereinafter expressly provided with respect to fixtures, growing things, and ore from mines, anything attached
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