Introduction
Theft is one of the most frequently prosecuted offences in Hong Kong, yet many people are unsure what actually amounts to “stealing” under Hong Kong law. The governing statute — the Theft Ordinance (Cap. 210) — provides a precise legal definition and sets out the penalties for offenders.
Whether you are an employer, employee, business owner, or simply want to understand your rights, knowing the basics of Hong Kong theft law can help you avoid legal risks and protect yourself from potential disputes.
1. What Is Theft Under Hong Kong Law?
Under section 2 of the Theft Ordinance (Cap. 210):
“A person commits theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.”
This definition contains four essential elements:
(a) Dishonesty
You must act without legal justification. If you genuinely believe you have a legal right to the property, the element of dishonesty may not be established.
(b) Appropriation of Property
This includes taking, using, or dealing with property as if it were your own.
Examples:
- Pocketing a wallet you found on the street
- Transferring company funds into your own account
- Using a friend’s item without permission and treating it as your own
(c) Property Belonging to Another
The property must be owned, held, or controlled by someone else.
This includes money, goods, digital assets, documents, and even intangible property.
(d) Intention to Permanently Deprive
You intend to:
- Keep it for yourself permanently
- Destroy it
- Treat it in a way that the owner cannot get it back
“Borrowing and never returning” or selling items entrusted to you also falls within this category.
2. Real Hong Kong Cases: How Seriously Courts Treat Theft
Hong Kong courts impose heavier sentences when theft involves breach of trust, significant amounts, or prolonged offending.
Case 1 — HKSAR v Shek Oi-ming [2021] HKCFI 842
An employee stole more than HK$10 million over several years.
- Starting point: 75 months for Count 1, 60 months for Count 2 and 63 months for Count 3
- Final sentence: 72 months after discount for guilty plea
Case 2 — HKSAR v Tse Kwan-tung [2020] HKCFI 1519
A warehouse operator sold clients’ goods worth HK$29 million without permission.
- Starting point: 10 years’ imprisonment
- Reduced for surrender and guilty plea
These decisions highlight that:
- Offenders in positions of trust face higher sentences.
- The amount and duration of theft matter greatly.
- Courts consistently emphasise deterrence.
3. What Defences Are Available for a Theft Charge?
Depending on the facts, the following defences may apply:
A lawyer will assess which defence best fits based on the evidence.
4. Penalties for Theft in Hong Kong
The maximum penalty for theft on indictment is:
10 years’ imprisonment
However, actual sentencing depends on factors such as:
- Amount or value stolen
- Whether there was breach of trust
- The level of planning or sophistication
- Whether stolen property was recovered
- Guilty plea and cooperation
- Personal circumstances and remorse
Even for first-time offenders, courts may impose custodial sentences if the theft is serious.
5. Why It’s Important to Understand Theft Law
Theft charges can have long-lasting consequences — from imprisonment to loss of employment and a permanent criminal record.
For individuals, this means:
- Do not “borrow” without clear permission.
- Treat company property carefully.
For employers:
- Implement strong internal controls.
- Monitor high-risk positions involving finance, stock, or confidential information.
Understanding where the legal boundaries lie helps prevent misunderstandings and protects both your rights and your reputation.
Conclusion
Hong Kong’s Theft Ordinance sets out a clear, structured definition of theft. Knowing what counts as dishonest appropriation can help you avoid accidental wrongdoing and respond properly if accused.
If you are facing a theft investigation or charge, seek professional legal advice immediately. Early guidance can significantly affect the outcome.
This article is for general reference only and does not constitute legal advice. If you need help, Ask.Legal can connect you with qualified Hong Kong lawyers based on your situation - https://ask.legal/contact-us
