Burglary

Burglary is an offence contrary to Section 11 of the Theft Ordinance (Chapter 210). It is committed where a person enters a building or part of a building as a trespasser with intent to steal anything inside the building or part of a building, inflicting grievous bodily harm on any person therein, raping any woman therein or intending to do any unlawful damage to the building or anything therein. Burglary is also committed where a person who has entered a building or any part of a building as a trespasser steals or attempts to steal anything inside the building or the part of a building or inflicts or attempts to inflict grievous bodily harm on any person therein. Entry as a trespasser simply means intentionally going into a building or a part of a building without the permission of the owner or occupier of the building or without any lawful right to enter. Whether the place entered is a building or part of a building is a question of fact in each case. A customer in a shop who goes into a part of a shop marked “Private” or “Staff Only” enters that area as a trespasser. A customer only has permission to enter the public area of the shop.