OVERVIEW
Robbery is treated very seriously in Hong Kong and carries a maximum sentence of life imprisonment. It is an aggravated form of theft: every element of theft must be proved together with the required use or threat of force.
A person commits robbery if they steal and, immediately before or at the time of doing so and in order to do so, use force on any person or put or seek to put any person in fear of being then and there subjected to force. The force need not cause injury, but it must be linked to the theft. A threat of future harm does not satisfy the requirement for force 'then and there'.
The circumstances capable of giving rise to robbery are broad. They may range from schoolboys holding down another pupil to steal pocket money to armed robbers forcing a bank teller to hand over money. Depending on the facts and seriousness, robbery cases may be dealt with in the Magistracies, District Court or High Court.
STATUTORY PROVISIONS
section 10 of the Theft Ordinance (Cap. 210)
The relevant part of the current statutory provision states:
Section 10(1) — Robbery
A person commits robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force.
ELEMENTS OF THE OFFENCE
Steals
The defendant dishonestly appropriated property belonging to another with the intention permanently to deprive. It is enough to assume an owner's right over the property; the property does not have to be carried away.
Use or threat of force
The force or threat must be directed at a person, not merely at property. The defendant must either use force on a person or put or seek to put someone in fear of being immediately subjected to force. The person subjected to force or fear need not be the person possessing the property, provided it is used to carry out the theft.
Immediate timing
The force or threat must occur immediately before or at the time of stealing. A threat of harm at some later time—such as 'pay me or I will hurt you later'—does not satisfy the robbery requirement, although it may give rise to another offence such as blackmail.
Purpose of stealing
The force or threat must be used in order to steal. Force used for an unrelated purpose does not transform a theft into robbery.
SECTION 10(2)
Assault with Intent to Rob
A person commits assault with intent to rob where they assault another person while intending to rob that person. Unlike completed robbery, the intended theft does not have to be completed.
Section 10(2) of the Theft Ordinance (Cap. 210) provides that a person guilty of robbery or assault with intent to rob is liable on conviction upon indictment to imprisonment for life.
Penalty
Maximum Penalty and Excepted Offence
- Maximum sentence: life imprisonment.
- Excepted offence: robbery is listed in Schedule 3 to the Criminal Procedure Ordinance (Cap. 221), so a term of imprisonment imposed for robbery cannot be suspended.
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.