Hong Kong Ordinances

THEFT ORDINANCE - SECT 6

"Belonging to another" (屬於另一人)

(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 an 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 receives 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 belonging to the
corporation notwithstanding a vacancy in the corporation. [cf. 1968 c. 60 s. 5
U.K.]