1. What Is “Destroying or Damaging Property” in Hong Kong?
In Hong Kong, criminal damage is a serious offence under Section 60 of the Crimes Ordinance (Cap. 200).
It applies when a person destroys or damages property belonging to someone else, intentionally or recklessly, and without any lawful excuse.
Many people think criminal damage only means smashing things or spray-painting walls. In reality, the definition is wide — even minor harm may qualify.
2. Elements of Criminal Damage – What the Prosecution Must Prove
To secure a conviction, prosecutors need to establish three elements beyond reasonable doubt:
(1) Damage to Property Belonging to Another
“Damage” includes any physical harm that reduces value, usefulness, or function.
Examples include:
- Scratching a neighbour’s car
- Tearing down a promotional poster
- Breaking a shop sign
- Cracking a phone screen during an argument
Even small damage counts if it alters the property’s condition.
(2) Intent or Recklessness
You are guilty if you:
- Intended to damage the property; or
- Were reckless — meaning you knew there was a risk of damage but went ahead anyway.
Recklessness is frequently argued in Hong Kong cases.
(3) No Lawful Excuse
A lawful excuse may exist if:
- You had the owner’s consent, or
- You acted to protect property from immediate danger, e.g., breaking a window to put out a fire.
However, excuses are interpreted narrowly.
Personal beliefs, anger, frustration, or disagreement with a poster’s message are not excuses.
3. Real Hong Kong Court Cases: How Criminal Damage Is Applied
Kicking a taxi – Conviction overturned due to incomplete fact assessment
HKSAR v Brook Edward Joshua [2020] HKCFI 1805
The conviction was quashed because the magistrate failed to consider the defendant’s entire statement, including parts suggesting he may not have caused the dent.
Smashing jewellery showcases – Damage during theft still counts
HKSAR v Gonzalez Arias Eduin [2019] HKCFI 1434
Breaking glass during a robbery resulted in both theft and criminal damage convictions.
These judgments show how criminal damage can cover everything from minor vandalism to destruction linked with major crimes.
4. Penalties for Criminal Damage in Hong Kong
Under Section 63, Crimes Ordinance (Cap. 200):
- Maximum penalty on indictment:10 years
If the act is arson or done with intent / reckless to endanger life under Section 60(2) penalty can be:
- Life imprisonment
Magistrates’ Courts usually handle less serious cases, but sentencing remains strict due to deterrence concerns.
5. Possible Defences to Criminal Damage
Common defences include:
- Owner’s consent
- Acting to protect property from immediate harm
- Honest belief that the property belonged to you
However, courts examine these claims carefully — evidence must be credible and consistent.
6. Why Criminal Damage Is Taken Seriously
Hong Kong courts emphasise deterrence because criminal damage:
- Disrupts public order and safety
- Causes economic loss
- Often accompanies other crimes such as burglary, assault, or theft
- Involves wilful disregard for others’ property rights
Even low-value damage can lead to a criminal record with long-term consequences.
7. Key Takeaways
- Criminal damage (刑事毀壞) covers any intentional or reckless damage to property belonging to someone else.
- Damage does not need to be major — minor harm is enough.
- Penalties can be severe, including up to 10 years’ imprisonment, or life imprisonment if life is endangered.
- “Being angry” or “disagreeing with a message” is never a lawful excuse.
- Always avoid touching or interfering with property that is not yours.
Disclaimer
This article is for general reference only and does not constitute legal advice. If you require professional guidance, Ask.Legal can match you with Hong Kong lawyers based on your specific situation: https://ask.legal/contact-us
