217968-1935-Ordinances-passed-and-assented-to--Lar — Page 2

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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