A customer reported losing a mobile phone in the women's restroom of a Haidilao outlet, which was allegedly concealed by a cleaning staff member. On May 6, the involved store confirmed that the matter had been properly resolved. According to the owner, Ms. Li, her phone went missing in the early hours of May 4. The cleaning staff initially denied finding it. Subsequently, through phone tracking and surveillance footage, Ms. Li discovered that the staff member had mailed a phone of the same model. With police intervention, the phone was recovered. The Haidilao store apologized and dismissed the staff member, leading to a settlement between the parties.
On May 6, Ms. Li presented reporters with the acknowledgment and case acceptance receipts from the Gongbei Police Station of the Zhuhai Public Security Bureau. She stated, "I have settled with Haidilao, but I still intend to pursue accountability against the cleaning staff." Although the incident was resolved, Ms. Li expressed her determination not to relinquish her pursuit of responsibility from the staff member. "She appeared very calm and composed when apprehended and didn't say anything to me, but I believe I deserve an apology. I will continue to follow up and await a sincere apology for her actions," she said.
On May 11, Ms. Li informed reporters that she had filed a police report, but the Gongbei Port Public Security Bureau in Zhuhai decided not to file a case. The notice of non-filing provided by Ms. Li stated, "Regarding the theft you reported on May 5, 2026, after review, our bureau finds no criminal facts. According to Article 112 of the Criminal Procedure Law of the People's Republic of China, we have decided not to file a case." On May 12, a relevant officer from the Gongbei Police Station of the Zhuhai Public Security Bureau confirmed that the non-filing notice had been personally received by Ms. Li but declined to disclose further details.
Why did the police decline to file the case? Reporters consulted Fu Jian, a well-known lawyer and director of Henan Zejin Law Firm. Fu Jian explained that when a customer leaves a mobile phone in the women's restroom of Haidilao, the phone becomes a lost item, no longer under the owner's control or possession. As an on-site service personnel, the cleaning staff member temporarily held the lost item due to the convenience of venue management, which objectively constitutes an act of misappropriation. However, misappropriation is a private prosecution case. The police lack the authority to investigate and can only advise the party to file a private prosecution with the court.
Fu Jian elaborated that according to Article 270 of the Criminal Law, misappropriation refers to the illegal appropriation of another person's property entrusted to one's care, lost items, or buried objects, where the amount is relatively large, and the offender refuses to return or hand them over. The subject of this offense is lost property. Legally, misappropriation is a case that is handled only upon complaint, meaning the victim must initiate a private criminal prosecution with the People's Court. Public security organs and procuratorial agencies generally do not actively intervene in investigation or public prosecution. Additionally, misappropriation requires meeting the threshold of a "relatively large amount."
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