FAQ: Theft Offences in Hong Kong

1. What is theft under Hong Kong law?

Theft is defined in the Theft Ordinance (Cap. 210) as dishonestly appropriating property belonging to another with the intention of permanently depriving the other of it. In simple terms, if you take something that isn’t yours, intending to keep it, that is theft.

2. What counts as “property” in theft cases?

“Property” includes money, physical items, documents, and even intangible property like electronic data. The law protects both tangible and intangible property from dishonest appropriation.

3. What does “dishonestly” mean?

Dishonesty is judged according to ordinary standards of reasonable people. Examples include:

• Taking something without permission
• Keeping lost property without trying to return it
• Using deception to gain another’s property

4. What is the penalty for theft in Hong Kong?

• On indictment: up to 10 years’ imprisonment (High Court or District Court).
• On summary conviction (Magistrates’ Court): up to 3 years’ imprisonment.

Sentences depend on factors like the value of stolen property, method of theft, and prior record.

5. Is shoplifting considered theft?

Yes. Shoplifting is one of the most common forms of theft and is prosecuted under the Theft Ordinance. Even small-value shoplifting can result in a criminal record.

6. What if I borrowed something but planned to return it?

If you intended to return the item, it may not be theft. But if you treat the property as your own, even temporarily (e.g. selling it, damaging it, or keeping it indefinitely), courts may still find intent to permanently deprive.

7. Are there defences to theft?

Possible defences include:

• Claim of right: If you honestly believed you had a legal right to the property.
• Lack of dishonesty: For example, if you mistakenly took the wrong item.
• Consent: If the owner agreed to the taking.

8. What are some real-life examples of theft cases?

• Shop theft of cosmetics: A person secretly removes beauty products from a store without paying. Even if the value is small, this is prosecuted as shoplifting.
• Stealing a lost mobile phone: Picking up a smartphone left behind on the MTR and keeping it without trying to return it is theft. The law treats failure to make reasonable efforts to return lost property as dishonest appropriation.
• Theft of a classmate’s pencil case: Taking a pencil case or stationery from a school desk without permission and intending to keep it counts as theft, even if the items are low in value.

9. What should I do if accused of theft?

• Do not make admissions without a lawyer present.
• Seek immediate legal advice.
• A lawyer can assess whether the prosecution can prove dishonesty and intent, and advise on plea or defence strategy.

10. What should victims of theft do?

• Report to police as soon as possible.
• Provide receipts, CCTV footage, or witness statements to assist investigation.
• Consider whether insurance or civil claims can help recover losses.

11. How can Yip, Tse & Tang (YTT) help in theft cases?

Our criminal defence team has extensive experience in theft, burglary, shoplifting, and fraud cases. We can:

• Attend police interviews with clients
• Apply for bail and advise on plea options
• Defend theft charges at trial or negotiate mitigation for sentencing
• Assist victims with reporting, evidence preparation, and recovery strategies