1964_THEFT_ORDINANCE — Page 17

CAP. 210]

Theft

[1986 Ed.

(Cap. 221.)

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

1968, c. 60, s. 27.

(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 despatched or received by him, was or was not in a particular state or condition, shall be admissible as evidence of the facts stated therein.