Theft Ordinance
4
Section 3
3.
Dishonestly (不誠實地)
Cap. 210
(1) A person’s appropriation of property belonging to another is
not to be regarded as dishonest—
(a) if he appropriates the property in the belief that he has
in law the right to deprive the other of it, on behalf of
himself or of a third person; or
(b) if he appropriates the property in the belief that he
would have the other’s consent if the other knew of the
appropriation and the circumstances of it; or
(c) (except where the property came to him as trustee or
personal representative) if he appropriates the property
in the belief that the person to whom the property
belongs cannot be discovered by taking reasonable steps.
(2) A person’s appropriation of property belonging to another
may be dishonest notwithstanding that he is willing to pay for
the property.
[cf. 1968 c. 60 s. 2 U.K.]
4.
Appropriates (挪佔)
(1) Any assumption by a person of the rights of an owner
amounts to an appropriation, and this includes, where he has
come by the property (innocently or not) without stealing it,
any later assumption of a right to it by keeping or dealing
with it as owner.
(2) Where property or a right or interest in property is or purports
to be transferred for value to a person acting in good faith,
no later assumption by him of rights which he believed
himself to be acquiring shall, by reason of any defect in the
transferor’s title, amount to theft of the property.
[cf. 1968 c. 60 s. 3 U.K.]
Verified Copy
Last updated date
15.2.2017