OVERVIEW
Handling is separate from the original theft. It covers dishonestly receiving stolen goods and helping another person retain, move, dispose of or realise them, as well as arranging to do so.
Suspicion is not the statutory test: the prosecution must prove that the defendant knew or believed the goods were stolen. Whether that inference can safely be drawn often turns on price, provenance, concealment, communications and the defendant's explanation.
This offence often goes hand in hand with an alternative charge of theft or burglary, but the courts have said that handling is the more serious offence because those who knowingly deal with thieves encourage stealing.
STATUTORY PROVISIONS
section 24 of the Theft Ordinance (Cap. 210)
The relevant part of the current statutory provision states:
Section 24(1) — Handling stolen goods
A person handles stolen goods if (otherwise than in the course of the stealing) knowing or believing them to be stolen goods he dishonestly receives the goods, or dishonestly undertakes or assists in their retention, removal, disposal or realization by or for the benefit of another person, or if he arranges to do so.
ELEMENTS OF THE OFFENCE
The property was stolen goods
The prosecution must prove that the property was stolen goods when it was handled. This includes goods taken by theft, robbery or burglary and may include property obtained through other dishonest means. The original stealing may have occurred in Hong Kong or abroad.
Original goods or substitute proceeds
Stolen goods are not confined to the original item. Property that directly or indirectly represents it—such as money or another asset obtained by selling or disposing of the original property—may remain stolen goods under the extended statutory definition.
Handling outside the original stealing
The conduct must occur otherwise than in the course of the stealing. Handling is a distinct subsequent step; the original thief does not handle the goods merely by carrying out the theft itself.
Receiving, assisting or arranging
Handling includes dishonestly receiving the goods, or undertaking, assisting or arranging their retention, removal, disposal or realisation by or for another person. Personal physical receipt is unnecessary. Knowing control over goods kept at premises, or arranging for another person to accept them, may suffice.
Dishonesty
The handling must be dishonest under the Hong Kong two-stage test. A genuinely held belief in a legal right to the goods, or that the owner would consent if aware of the circumstances, may negate dishonesty even where that belief appears unreasonable.
Knowledge or belief that the goods were stolen
The defendant must actually know or believe that the goods were stolen. Knowledge of the precise property or details of the original offence is unnecessary, but suspicion alone is insufficient. Suspicious circumstances and deliberate avoidance may nevertheless support an inference that the required knowledge or belief existed.
STOLEN GOODS AND PROOF
Stolen goods can include property taken by theft, robbery or burglary and property obtained by other dishonest means. The definition may extend to property that directly or indirectly represents the original goods, such as money obtained by selling them, and can apply whether the original stealing occurred in Hong Kong or abroad.
Physical receipt is unnecessary. A person may handle goods by arranging delivery or exercising knowing control over goods kept at premises or by another person. Where recently stolen property is found in a defendant's possession, an absent or rejected explanation may support an inference of guilty knowledge, but the prosecution retains the burden of proof.
SECTION 25
Advertising of Stolen Goods
Where a public advertisement offers a reward for the return of stolen goods and states or indicates that no questions will be asked, the person advertising and any person who prints or publishes the advertisement may commit an offence under section 25 of the Theft Ordinance (Cap. 210).
Similarly, an offence may be committed where the advertisement states that the person producing the goods will be safe from apprehension or inquiry. Liability may also arise where the advertisement states that money paid to purchase the stolen goods will be repaid.
Penalty
Maximum Penalty
On conviction upon indictment, the maximum sentence is 14 years' imprisonment.
HOW MCS CAN ASSIST
Advice and representation
MCS can assess the charge, the statutory elements and the prosecution evidence; advise on interview, plea, trial and sentence; and identify any defence or evidential issue available on the facts.