Theft, also known as larceny, is a criminal act in which someone dishonestly takes property belonging to another person with the intention of depriving the other of the property permanently. It is an indictable offence and carries a maximum penalty of up to 10 years imprisonment.
The law varies significantly from country to country, but there are some key similarities across jurisdictions. For example, most legal systems distinguish between robbery and theft, and they typically include both the criminal offence of stealing property (larceny) and the more serious crime of robbing another person or group of people of their personal possessions (robbery). Many also define different levels of felony stealing by the value of the stolen goods.
In general, there are five elements to a successful theft conviction: (1) the dishonest appropriation of property belonging to another (2) the intention to permanently deprive (3) the unauthorized taking or carrying away of the property (4) the value of the property (5) and the presence of a weapon or explosives. The appropriation of a vehicle, a legal document, a credit card, a firearm, an explosive, livestock animal, fish worth more than $75, or a U.S. flag on display is usually considered a felony.
In Hong Kong the offense is regulated by the Theft Ordinance, which is based on the Theft Act 1968 in England and Wales. However, unlike the Ghosh test in English & Welsh law, s2 of the ordinance provides that a person is not guilty of theft if they can show they believed they had a legal right to take the property.