Going equipped for stealing

Going equipped for stealing

A person commits this offence under section 27 of the Theft Ordinance if he, when not in where he resides, has with him any article for use in the course of burglary, theft or cheat shall be guilty of an offence.

If the Prosecution shows that the defendant did have with him any article made or adapted for use in committing a burglary, theft or cheat, it shall be evidence that he had that article for use in a burglary, theft or cheat (obtaining property by deception under section 17 of Theft Ordinance). 

For this offence to be established, it must be shown that the defendant had the article with the purpose or intention of using it in connection with burglary, theft, or cheat to be committed at some point in the future. It is not necessary to prove that the article was meant for any particular burglary, theft, or cheat — a general intention to use it unlawfully is enough. Nor does the law require proof that the defendant himself planned to use the article; it is sufficient if he carried it with the intention that someone else would use it for burglary, theft, or cheat.

For example, a hotel waiter who brought in bottles of wine not stocked by the hotel, intending to sell them to customers for his own profit, was found guilty of going equipped for cheat.

The maximum sentence for this offence is 3 years’ imprisonment. 

Where the defendant is convicted of this offence with reference to the theft or taking of motor vehicles, the court that convicts the defendant may order him to be disqualified from holding or obtaining a driving licence under section 69(1)(e) of the Road Traffic Ordinance (Cap. 374).