3. Is using someone else’s Octopus card or bank card theft?

3. Is using someone else’s Octopus card or bank card theft?

Yes if the card is used without permission of the owner. Using someone’s Octopus card is dishonestly appropriating their money stored inside the Octopus card with intention to permanently deprive.

For bank or credit cards, unauthorised use is generally treated as obtaining property or services by deception under Section 17 of the Theft Ordinance, since the user deceives the service provider or bank into believing they are the rightful cardholder. This is a serious offence carrying a maximum penalty of 10 years’ imprisonment.