|210||Title:||THEFT ORDINANCE||Gazette Number:|
|Section:||14||Heading:||Taking conveyance without authority||Version Date:||30/06/1997|
(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 of $500.
(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.