### Theft Ordinance 《盜竊罪條例》

11. Burglary
(1) A person commits burglary if—
(a) he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2); or
(b) having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm.
(2) The offences referred to in subsection (1)(a) are—
(a) stealing anything in the building or part of a building in question;
(b) inflicting on any person therein any grievous bodily harm or raping any woman therein; and
(c) doing unlawful damage to the building or anything therein.
(3) References in subsections (1) and (2) to a building shall apply also to an inhabited vehicle or vessel, and shall apply to any such vehicle or vessel at times when the person having a habitation in it is not there as well as at times when he is.
(3A) The reference in subsection (2)(c) to doing unlawful damage to anything in a building includes—
(a) unlawfully causing a computer in the building to function other than as it has been established by or on behalf of its owner to function, notwithstanding that the unlawful action may not impair the operation of the computer or a program held in the computer or the reliability of data held in the computer;
(b) unlawfully altering or erasing any program, or data, held in a computer in the building or in a computer storage medium in the building; and
(c) unlawfully adding any program or data to the contents of a computer in the building or a computer storage medium in the building. (Added 23 of 1993 s. 6)
(4) Any person who commits burglary shall be guilty of an offence and shall be liable on conviction upon indictment to imprisonment for 14 years.
[cf. 1968 c. 60 s. 9 U.K.]

### Theft Ordinance 《盜竊罪條例》

12. Aggravated burglary
(1) A person commits aggravated burglary if he commits any burglary and at the time has with him any firearm or imitation firearm, any weapon of offence, or any explosive.
(2) For the purposes of subsection (1)—
firearm (火器) includes an airgun or air pistol;
imitation firearm (仿製火器) means anything which has the appearance of being a firearm, whether capable of being discharged or not;
weapon of offence (攻擊性武器) means any article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with him for such use;
explosive (炸藥) means any article manufactured for the purpose of producing a practical effect by explosion, or intended by the person having it with him for that purpose.
(3) Any person who commits aggravated burglary shall be guilty of an offence and shall be liable on conviction upon indictment to imprisonment for life.
[cf. 1968 c. 60 s. 10 U.K.]

13. Removal of articles from places open to the public
(1) Subject to subsections (3) and (4), where the public have access to a building in order to view the building or part of it or a collection housed in it, any person who without lawful authority removes from the building or its grounds the whole or part of any article displayed or kept for display to the public in the building or that part of it or in its grounds, shall be guilty of an offence and shall be liable on conviction upon indictment to imprisonment for 5 years.
(2) For the purposes of subsection (1)—
collection (收藏品) includes a collection got together for a temporary purpose, but references in this section to a collection do not apply to a collection made or exhibited for the purpose of effecting sales or other commercial dealings.
(3) It is immaterial for the purposes of subsection (1) that the public’s access to a building is limited to a particular period or particular occasion; but where anything removed from a building or its grounds is there otherwise than as forming part of, or being on loan for exhibition with, a collection intended for permanent exhibition to the public, the person removing it does not thereby commit an offence under this section unless he removes it on a day when the public have access to the building as mentioned in subsection (1).
(4) A person does not commit an offence under this section if he believes that he has lawful authority for the removal of the thing in question or that he would have it if the person entitled to give it knew of the removal and the circumstances of it.
[cf. 1968 c. 60 s. 11 U.K.]

### Theft Ordinance 《盜竊罪條例》

14. Taking conveyance without authority
(1) Subject to subsections (2) and (3), any person who, without having the consent of the owner or other lawful authority, takes any conveyance for his own or another’s use, or knowing that any conveyance has been taken without such authority, drives it or allows himself to be carried on or in it, shall be guilty of an offence and shall be liable on conviction upon indictment to imprisonment for 7 years. (Amended 7 of 1993 s. 2)
(2) Subsection (1) shall not apply in relation to pedal cycles or rickshaws, but, subject to subsection (3), any person who, without having the consent of the owner or other lawful authority, takes a pedal cycle or rickshaw for his own or another’s use, or rides a pedal cycle or rickshaw knowing it to have been taken without such authority, shall be guilty of an offence and shall be liable on conviction to a fine at level 1. (Amended E.R. 3 of 2021)
(3) A person does not commit an offence under this section by anything done in the belief that he has lawful authority to do it or that he would have the owner’s consent if the owner knew of his doing it and the circumstances of it.
(4) For the purposes of this section—
conveyance (運輸工具) means any conveyance constructed or adapted for the carriage of a person whether by land, water or air, except that it does not include a conveyance constructed or adapted for use only under the control of a person not carried in or on it, and drive shall be construed accordingly; and
owner (擁有人) in relation to a conveyance which is the subject of a hiring agreement or hire-purchase agreement means the person in possession of the conveyance under that agreement.
[cf. 1968 c. 60 s. 12 U.K.]

15. Abstracting of electricity
Any person who dishonestly uses without due authority, or dishonestly causes to be wasted or diverted, any electricity shall be guilty of an offence and shall be liable on conviction upon indictment to imprisonment for 5 years.
[cf. 1968 c. 60 s. 13 U.K.]

16. Dishonest use of public telephone or telex system
Any person who dishonestly uses a public telephone or telex system with intent to avoid payment shall be guilty of an offence and shall be liable on conviction to imprisonment for 2 years.
[cf. 1968 c. 60 Sch. 2 Pt. I Para. 8 U.K.]