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higoodhi
20-01-2007, 04:27 PM
:confused: if you found a Hp on top of a machine and u took it and it happen that the security camera had flim the whole process. is this consider theft. They would said how come u did not return to the security post in the 1st place.if The company call the police can the police charge u ?:eek:

liefeng
20-01-2007, 04:30 PM
yeah..they would charge with with theft but if u return..they will give u a letter that praise your honesty..no point keepin the hp as it is being film down..return it and you get a good reputation...

WhoIsDat
20-01-2007, 04:51 PM
:confused: if you found a Hp on top of a machine and u took it and it happen that the security camera had flim the whole process. is this consider theft. They would said how come u did not return to the security post in the 1st place.if The company call the police can the police charge u ?:eek:

IT's just a matter of time before this guy gets flammed..

whitegals
20-01-2007, 05:08 PM
Eh bro,

You found a hp on top of a what machine where?

Was this is a shopping mall? Did you pick it up or did you swipe it after the owner had put it down and has his back turned... ?

So many questions within your question... :confused:

higoodhi
20-01-2007, 05:12 PM
in a company. pick it up since no 1 is at there.

The Force
20-01-2007, 05:32 PM
:confused: if you found a Hp on top of a machine and u took it and it happen that the security camera had flim the whole process. is this consider theft. They would said how come u did not return to the security post in the 1st place.if The company call the police can the police charge u ?

What has this got to do with a SEX forum????????

PoundIt
20-01-2007, 05:42 PM
What has this got to do with a SEX forum????????

maybe he got some use for the vibrate function

The Force
20-01-2007, 05:52 PM
maybe he got some use for the vibrate function
set it to vibration mode, stuff it into his asshole and wait for calls??? :eek:

Cheri_Popper
20-01-2007, 05:54 PM
It is not theft as you had found it but you can still liable to be charged for Fraudulent Possession.

It will be theft if you had actually took it with the intention of stealing it. If you had taken it from the possession of the owner for eg his/her bags, pockets...it is theft. But since you found it, you have to prove that you had found it and not stolen it.

Theft occurs when there is a wrongful loss to the rightful owner and a wrongful gain to the accused.

A crime occurs when there is 3 main ingredients.

1) The Owner
2) The Accused
3) The Opportunity

Without 1 of it, there is no crime.

higoodhi
20-01-2007, 06:36 PM
so wat is the term of Fraudulent Possession. if the hp had been return to the owner the owner decided to let the matter rest but it happen in the company is the company able to file charges to charge u.
it happen tat when he on shift work , after 12hrs of shift work he is veri tired n took the hp without thinking of return back to the security , then when he return to work the next day he had completely forgotten abt the hp thing.. next moment he was ask to go to the security room.n the security said a sentence tat left my friend nothing to said much. since u take it u had the intention to keep it. if he had the intention to kept it he had thrown away the sim card away ........

higoodhi
20-01-2007, 06:58 PM
after this incident his service was terminated is this wrongful act of termination?:confused:

suckerll
20-01-2007, 08:22 PM
after this incident his service was terminated is this wrongful act of termination?no such thing as wrongful act of termination, in sinkapore, our gahmen has made sure that we sinkaporeans are condemned for life! unions are a farce, executives are executed becos they got no rights!:rolleyes:

fark the papies!:mad:

Tubbies
20-01-2007, 08:27 PM
no such thing as wrongful act of termination, in sinkapore, our gahmen has made sure that we sinkaporeans are condemned for life! unions are a farce, executives are executed becos they got no rights!

fark the papies!

what a statement!i agree totally! worked our socks off day in day out and still kena like that! shitty

higoodhi
20-01-2007, 08:29 PM
executives are those earn more than 1600?

u mean he deserves it?

Know_yr_role
20-01-2007, 09:04 PM
ermmm...wats the pt of this thread???

:confused:

ass_robber
20-01-2007, 09:42 PM
please go find a lawyer. maybe a lawyer like Ravi would be able to give you good advise, like throw a stone at the camera or something like that.

bleahhh
20-01-2007, 10:07 PM
It is not theft as you had found it but you can still liable to be charged for Fraudulent Possession.

It will be theft if you had actually took it with the intention of stealing it. If you had taken it from the possession of the owner for eg his/her bags, pockets...it is theft. But since you found it, you have to prove that you had found it and not stolen it.

Theft occurs when there is a wrongful loss to the rightful owner and a wrongful gain to the accused.

A crime occurs when there is 3 main ingredients.

1) The Owner
2) The Accused
3) The Opportunity

Without 1 of it, there is no crime.
sound like a man in blue....


anyways, if its within a company, how u say it doesnt belong to anyone?

not urs = dun take

Cheri_Popper
21-01-2007, 12:21 PM
[QUOTE=higoodhi;1817621]so wat is the term of Fraudulent Possession. if the hp had been return to the owner the owner decided to let the matter rest but it happen in the company is the company able to file charges to charge u.
QUOTE]

Fradulent Possession means that you are in possession of a property that is not rightfully belongs to you and that you did not return or attempt to return to the rightful owner.

The rightful owner had the right to decide on his course of action. Whether to report the matter to the Police or take departmental action is up to his discretion

Working on 12 hrs shift, tired, forgotten, etc are nothing but excuses.

Security personnel does not have a right to take a statement from anyone. They can only put up an incident report. It is not submissable to court as evidence.

The only mitigation factor is that the Sim Card has not been disposs of.

ass_robber
21-01-2007, 01:39 PM
It really depends on what u did with the hp, following you taking the hp. And it also depends on who you are, and whether the relevant authorities want to do anything or not, as most ppl might just get a warning, return the hp to the person, and since there is no damage, injury or loss, there is no case. But all these is no substitute for legal advise.

higoodhi
21-01-2007, 04:59 PM
[QUOTE=higoodhi;1817621]
Security personnel does not have a right to take a statement from anyone. They can only put up an incident report. It is not submissable to court as evidence.

The only mitigation factor is that the Sim Card has not been disposs of.

So if the owner decided not to persuaded the matter, does the company able to files charges against him since it happen at the company.
It is an act of wrongful termination?

higoodhi
21-01-2007, 05:06 PM
departmental action
wat is departmental action?

Cheri_Popper
21-01-2007, 06:11 PM
So if the owner decided not to persuaded the matter, does the company able to files charges against him since it happen at the company.
It is an act of wrongful termination?

Even if it is not the company's property, as the "crime" occured within its premises, the company still have the right to lodge a Police report and let the Police investigated and acted on the complaint.

for a company to terminate a person, it can use many reasons that offers little or no compensation at all. It is very hard to prove that there is a wrongful termination.

krime8
21-01-2007, 06:48 PM
for a company to terminate a person, it can use many reasons that offers little or no compensation at all. It is very hard to prove that there is a wrongful termination.

Agreed, even a simple "unsatisfactory performance" is sufficient for the company to terminate a person's job.

Anyway, it is always best not to take what's not yours. Hand over found things to Lost and Found, just not to have any implications on your own honesty and integrity.

higoodhi
21-01-2007, 07:00 PM
Even if it is not the company's property, as the "crime" occured within its premises, the company still have the right to lodge a Police report and let the Police investigated and acted on the complaint.


if the police dismissed the case and owner closed the matter, can the company still press charges against u?

Cheri_Popper
21-01-2007, 08:17 PM
To the zapper who don't dare to put his nick....all i have to say to you is that if you think that I am wrong to give advice, then carry on to zap for all i care. ;)

natto3
21-01-2007, 09:15 PM
set it to vibration mode, stuff it into his asshole and wait for calls??? :eek:
bro, you have sense of humour. nearly fell off my seat laughing!:p

Castrol
22-01-2007, 11:28 AM
set it to vibration mode, stuff it into his asshole and wait for calls??? :eek:

hahaha... http://mods.soccergaming.tv/~iceblu/Ice/rofl3.gif

krime8
22-01-2007, 12:45 PM
if the police dismissed the case and owner closed the matter, can the company still press charges against u?


If you have bad rapport within the company, you can be sure that it will be one of the chances that they have been waiting for to get rid of you. Else i seldom come across a company that have no feelings for employees who'd admitted doing wrong and is willing to change.

etsys
22-01-2007, 02:58 PM
Guys, I know somebody said it is in the wrong forum.

Anyway, my two cent (as usual)

Regardless of whether it was lying there, or not, it has an owner, and you could have located the owner, or atleast hand over to the admin or whoever in your company. Deciding to keep it, specially when it belong to your co-worker is BAD BAD BAD. How you feel if you step out to toilet and forget your handphone and somebody take it ? You spend almost 8 hour in office, almost 1/3 of every day. Hmmmm Never shit in your living room

Second thing: dont want to have war of words. But it is sad in singapore sometimes finders, keepers. I saw somebody drop a wallet in SBS bus, and when I try to give to driver, he dont want to take it. He keep saying you find the owner - he is more worry about anybody accusing him of stealing any money in the wallet. I end up throwing it in front of him saying it is his job to send to lost and found in the bus depot. Being good sometimes dont help.

Anyway. A company can terminate an employee for any reason. Deciding to keep handphone shows lack of good judgement. Or lack of Moral Fiber. And forget about a company thanking you for admitting guilt. Seen lot of career ruined because of thinking admitting guilt will get off the hook. It is only reason enough for company to fire you when the time comes. Your admission of guilt can be used as admission of crime :-)

BTW, I am not lawyer. No further advices will follow .. he he ..

Have a good day guys.

And time for me to shut up. :eek:

"If what you stand to gain is less than what you stand to loose, then don't do it".

>> If I owe anybody points - do communicate with me. I will return favor. Busy with work and overlook SBF for sometime.

krime8
22-01-2007, 03:12 PM
Second thing: dont want to have war of words. But it is sad in singapore sometimes finders, keepers. I saw somebody drop a wallet in SBS bus, and when I try to give to driver, he dont want to take it. He keep saying you find the owner - he is more worry about anybody accusing him of stealing any money in the wallet. I end up throwing it in front of him saying it is his job to send to lost and found in the bus depot. Being good sometimes dont help.



If i were you, i would have taken down that bus driver's name and employee number (if possible), and complain to SBS for his reluctance to help the public. Don't seem to be a responsible guy at all. And makes me wonder if he is also a "hell" driver on the road with his bus. :eek:

higoodhi
23-01-2007, 09:21 AM
To the zapper who don't dare to put his nick....all i have to say to you is that if you think that I am wrong to give advice, then carry on to zap for all i care. ;)


sorry to implicate u . u giv me advice n yr pts gt - bcos of me.....

PacWizard
24-01-2007, 01:02 AM
In Employment Act, there is no such thing as wrongful termination but unlawful dismissal yes.

Termination - No reason(s) required as long as either party(i.e employer or employee) give notice and serve the period or either party pay in-lieu to the other for the notice period in case of immediate termination of emplyment contract(better known of 24-hr notice)

Dismissal - Due to cause such as theft, fighting, criminal breach of trust ... etc .... Before dismissal, a due enquiry must be carried out. The effected employee is suspended from working for a maximum period of 1 week and his pay is halved during this period. When due enquiry is completed and all findings have been collated, the employee will be dismissed and employment contract terminated if he is found guilty. If otherwise, he will continue working and his pay will be restored to normal during that suspension period.

In the case of unlawful dismissal, example if an employee was dismissed so called for theft but he was innocent(due to mistaken identity or miscalculation of stock checkings) and the company did not conduct a due enquiry. If the company is unionised, the employee can approach the union and the union will represent him to contest his unlawful dismissal. Then, if he is proven innocent, company must reinstate him back or pay damages according to the notice period stated in employment contract.

If the company is not unionised, the employee can report to MOM and they will take action just like the union in a unionised company.

But then, Employment Act covers all employees except for confidential staff,executives or managers and those earnings more than S$1600/month. Why these group of people not covered? Simply because they can represent themselves in case of dispute with the employer.
Be mindful that it is actually the job description and duties that determine if a person is cover by employment act or not and not the title or position in the company.

Any person who has the authority or influence in hiring, firing, staff transferring or making decision.......are not covered under employment act. So, ask yourself if you are covered by employment act or not? You are an executive or managers earning more than 2k /month :)

Sorry ah if I type so long and this has definitely sidetracked from this forum. I just want to share what I know :)

Cheers ~

PacWizard

Cheri_Popper
24-01-2007, 01:08 AM
sorry to implicate u . u giv me advice n yr pts gt - bcos of me.....

No worries! I ain't bother about Rep Pts anyway. :)

higoodhi
24-01-2007, 01:46 PM
the police took a statement from my friend but since the owner decided to let the matter rest ,will the statement keep for future use(if u commit a crime again will the police refer to this statement=u had commit a crime before) or it is kept as yr crimmal record?

higoodhi
26-01-2007, 01:53 PM
points from positive to negtaive sianz

Cheri_Popper
26-01-2007, 07:38 PM
the police took a statement from my friend but since the owner decided to let the matter rest ,will the statement keep for future use(if u commit a crime again will the police refer to this statement=u had commit a crime before) or it is kept as yr crimmal record?

Once the Police Report has been lodged, to drop the case or not is up to the Victim but the the Investigating Officer (IO) after submitting his Investigation Papers to his Senior Investigating Officer (SIO), Chief Investigating Officer (CIO) and Head Investigator (HI). The report may also be submitted to AG-Chambers for their recommendations. If the Accused is young and is a first timer and if the case is not a serious case, the person might be let off with just a warning.

As long as you are not charged and found guilty in Court, there is no Crminal Record with the Criminal Record Office (CRO).

Eastpipper
26-01-2007, 08:32 PM
It is not theft as you had found it but you can still liable to be charged for Fraudulent Possession.

Without 1 of it, there is no crime.


I alway suspect that you are an undercover police office sufing SB, looks like imy assumption may be true!:eek:

jian593
26-01-2007, 08:41 PM
he may be a police or a lawyer..

jian593
26-01-2007, 08:43 PM
(if u commit a crime again will the police refer to this statement?

will the police keep this statement for future reference even he is nt charged?

Cheri_Popper
26-01-2007, 10:28 PM
I alway suspect that you are an undercover police office sufing SB, looks like imy assumption may be true!

My sweet Princess, I am your Commander remember? :rolleyes: :D

asspanker
26-01-2007, 10:38 PM
i guess its wrong thread in this forum.. lolzzz;)

higoodhi
29-01-2007, 11:21 AM
will the police keep this statement for future reference even he is nt charged?

good question

higoodhi
30-01-2007, 09:17 PM
[/QUOTE]Originally Posted by higoodhi
(if u commit a crime again will the police refer to this statement?

will the police keep this statement for future reference even he is nt charged


cheri popper can i had an ans from u? Thank