1970-HKRS29-8-37_Part02 — Page 4

Authenticated Laws 確真本香港法例 All

"Belonging to another".

1968. 4. 60, IL 5.

"With the intention of permanently depriving the other of it". 1968. c. 60. 1. 6.

(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 carcase 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 un 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 reccives 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 belong- ing to the corporation notwithstanding a vacancy in the corpora- tion.

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 borrow- ing or lending of it may amount to so treating if, but only if, the

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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 (), 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.

(1) Subsection (1) of section 5 and subsection (1) of section 6 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 gel,

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 ten years.

10. (1) A person commits robbery if he steals, and im- mediately 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-

(4) he enters any building or part of a building as a tres- passer and with intent to commit any such offence as is mentioned in subsection (2): or

Other definitions. 1968, 2, 50, 1. 14.

Thett,

1968, c. 60, 4. 7.

Robbery.

1968. C. 60, L 1.

Burglary.

1969, 2. 60, 1. 2.

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