Hong Kong Ordinances

THEFT ORDINANCE - SECT 5

"Property" (財產)

(1) "Property" (財產) includes money and all other property, real and
personal, including things in action and other intangible property.

(2) A person cannot steal land, or things forming part of land and severed
from it by him or by his directions, except in the following cases, that is to
say-

   (a)  when he is a trustee or personal representative, or is authorized by
        power of attorney, or as liquidator of a company, or otherwise, to
        sell or dispose of land belonging to another, and he appropriates the
        land or anything forming part of it by dealing with it in breach of
        the confidence reposed in him; or

   (b)  when he is not in possession of the land and appropriates anything
        forming part of the land by severing it or causing it to be severed,
        or after it has been severed; or

   (c)  when, being in possession of the land under a tenancy, he appropriates
        the whole or part of any fixture or structure let to be used with the
        land.

(3) For the purposes of subsection (2)-

"land" (土地) does not include incorporeal hereditaments;

"tenancy" (租賃) means a tenancy for years or for any less period and
includes an agreement for such a tenancy, but a person who after the end of a
tenancy remains in possession by virtue of any Ordinance or otherwise is to be
treated as having possession under the tenancy, and "let" (租) shall be
construed accordingly.

(4) A person who picks mushrooms growing wild on any land, or who picks
flowers, fruit or foliage from a plant growing wild on any land, does not
(although not in possession of the land) steal what he picks, unless he does
it for reward or for sale or other commercial purpose.

(5) For the purposes of subsection (4) "mushroom" (菌類植物) includes
any fungus, and "plant" (植物) includes any shrub or tree.

(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 carcass 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. [cf. 1968 c. 60 s. 4 U.K.]

"Property" (財產)

"land" (土地)

"tenancy" (租賃) "let" (租)

"mushroom" (菌類植物)

"plant" (植物)