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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118753
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Second opinion] If someone shoplifted from a store that

Customer Question

Second opinion] If someone shoplifted from a store that sells products they are not authorized to sell (i.e. fake branded cosmetics, or unauthorized vendor) and the law of the place is that all punishments from shoplifting do not apply with a good or service that is prohibited - Can that shoplifter still get sued or charged?
Submitted: 2 months ago.
Category: Legal
Expert:  Expert James replied 2 months ago.
I need to read the laws you are referring to. Please provide those.
Customer: replied 2 months ago.
This is the law on shoplifting:
18C.Making off without payment
(1)Subject to subsection (3), a person who, knowing that payment on the spot for any goods supplied or service done is required or expected from him, dishonestly makes off without having paid as required or expected and with intent to avoid payment of the amount due shall be guilty of an offence and shall be liable on conviction upon indictment to imprisonment for 3 years.
(2)For the purposes of this section payment on the spot (即場付款) includes payment at the time of collecting goods on which work has been done or in respect of which service has been provided.
(3)Subsection (1) shall not apply where the supply of the goods or the doing of the service is contrary to law, or where the service done is such that payment is not legally enforceable.
Customer: replied 2 months ago.
this is the law on reselling:
Restrictions on entering into repurchase agreements
(1)The approved trustee of a registered scheme must ensure that the funds of the scheme are not applied for the purpose of entering into a repurchase agreement unless the agreement is entered into by the custodian of the scheme assets.
(2)If the authority to enter into repurchase agreements in respect of a registered scheme is to be delegated to a custodian appointed in respect of the scheme, that authority must be included in the custodial agreement entered into with the custodian in accordance with section 50.
(3)The trustee must ensure that, in relation to each constituent fund of the scheme—
(a)a repurchase agreement relating to assets of the fund is entered into only if the amount of the consideration (including the value of any collateral security) given for the relevant security exceeds the value of the security; and
(b)no more than 10 per cent of the assets of the fund are the subject of repurchase agreements at any one time; and
(c)no more than 50 per cent of the securities of the same issue held among the assets of the fund are the subject of repurchase agreements at any one time.
(4)The trustee must ensure that the scheme assets are not the subject of a reverse repurchase agreement.
(5)For the purposes of this section—
(a)a repurchase agreement, in relation to the approved trustee of a registered scheme, is an agreement under which the trustee agrees to sell a debt security to a person and to repurchase it from that person at a specified date in the future for an agreed price, subject to the amount of consideration (including the value of any collateral security) provided by that person during the period of the agreement; and
(b)a reverse repurchase agreement, in relation to the approved trustee of a registered scheme, is an agreement under which the trustee agrees to buy a debt security from a person and to resell it to that person at a specified date in the future for an agreed price.
Expert:  Expert James replied 2 months ago.
What state is this in?
Customer: replied 2 months ago.
It's not a state I live in Hong Kong.
Expert:  Expert James replied 2 months ago.
Ok that was not made clear to me. I will have to opt out. Please be patient as I do so.
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR, your previous contributor had to leave.
Based on the law as written above, if the seller was selling illegal goods that were unlawful for sale, that would be a legal defense to a charge of shoplifting. So the party who shoplifted would bear the burden of proving that the seller was not engaged in selling legal goods and as such they do not have a claim of shoplifting for the purposes of criminal or civil law, in accordance to the statute.
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