### Theft Ordinance 《盜竊罪條例》

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.]

### Theft Ordinance 《盜竊罪條例》

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.]

7. With the intention of permanently depriving the other of it (意圖永久地剝奪他人財產 )
(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 borrowing or lending of it may amount to so treating if, but only if, the 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 (1), 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.
[cf. 1968 c. 60 s. 6 U.K.]

### Theft Ordinance 《盜竊罪條例》

8. Other definitions
(1) Section 5(1) and section 6(1) 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 (獲益) and loss (損失) are, except in section 16A, 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 get, as well as a loss by parting with what one has; (Amended 45 of 1999 s. 2)

goods (貨品) 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.
[cf. 1968 c. 60 s. 34 U.K.]

9. Theft
Any person who commits theft shall be guilty of an offence and shall be liable on conviction upon indictment to imprisonment for 10 years.
[cf. 1968 c. 60 s. 7 U.K.]

10. Robbery
(1) A person commits robbery if he steals, and immediately 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.
[cf. 1968 c. 60 s. 8 U.K.]