Finders are not always keepers; you may be breaking the law

Finders are not always keepers, and a finder who dishonestly keeps his find may instead "find" himself in violation of the law, according to High Court Judge Steven Chong in a written judgment released on Tuesday.

The judgment concerns his dismissal of Malaysian logistics executive Wong Seng Kwan's appeal last September against his conviction for dishonest misappropriation of cash taken from a wallet found on the floor of Marina Bay Sands Casino. He was fined S$2,000 last June.

Video surveillance had shown Wong entering the casino toilet on June 10, 2010, with the wallet - which contained S$150, identification documents and a credit card - but emerging empty-handed. Security officers detained him and the police were called. The wallet was never found.

While Wong claimed he left everything in the toilet, the prosecution argued that Wong pocketed the money after disposing of the wallet and identifying documents.

There is misappropriation when "the finder is able to locate the owner but fails to do so", Justice Chong noted, and keeping the lost item might be seen as "dishonest" if the finder could locate the owner using "reasonable means" but keeps the item for himself.

Justice Chong also advised those who find lost property to report the item to the police "because it is the best and most pragmatic way for the finder to discharge his duty in taking reasonable steps to locate the owner and to avoid a finding of dishonesty that attracts criminal liability".

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