Removing article from place open to the public

Under section 13 of the Theft Ordinance, where the public have access to a building in order to view the building or part of it, or a collection housed in it (e.g. in an art gallery), any person who without lawful authority removes the whole or part of any article displayed or kept for display to the public, shall be guilty of the offence of ‘removing article from place open to public’.

A person does not commit this offence if he believes he has lawful authority for the removal of the item in question, or he believes he would have had lawful authority if the person entitled to give it knew of the removal and the circumstances of it.

The maximum sentence for this offence is 5 years’ imprisonment.