SUMMARY OFFENCES ORDINANCE

SUMMARY OFFENCES ORDINANCE

CHAPTER 228.

THE SUMMARY OFFENCES ORDINANCE.

ARRANGEMENT OF SECTIONS.

Section Page
1. Short title ............................. ... ... ... ... ... 306
2. Interpretation .......................... ... ... ... ... 306
3. Nuisances, trespasses and similar offences ... ... ... ... 307
4. Offences by carriers of nightsoil and pigwash ... ... 311
5. Street cries ....... ...................... ... ... ... 312
6. Prohibition on taking photographs etc. in court ... ... 312
7. Other offences against good order .......... ... ... ... ... 313
8. Other nuisances in the nature of trespass or damage ... 313
9. Occupying etc. Crown land without a permit 314
10. Alteration of a ship with a view to smuggling ... ... 314
11. Females soliciting for immoral purpose ... ... ... ... 315
12. Making noise at night .................. ... ... ... ... 315
13. Firing near dwelling-house or road ... ... ... ... ... 316
14. Offences relating to vessels, seamen, merchandise ... ... 316
15. Removing land-mark ..................... ... ... ... ... 317
16. Possession of offensive weapon, etc . ... ... ... ... ... 317
17. Possession and importation of imitation firearms ... ... 318
18. Behaving riotously or provoking breach of peace ... ... 318
19. Offences in connexion with telephones, telegrams, messages,
etc., .................................... ... ... ... ... ... 319
20. Unlawful wearing of uniform ............ ... ... ... ... ... 319
21. Pretence of influence with public servant ... ... ... ... 319
22. Resistance or obstruction of public officer ... ... ... ... 319
23. Improper possession of arms or clothing of police, etc . ... 320
24. Fortune telling ........................ ... ... ... ... ... 320
25. Suspected persons and loiterers ........... ... ... ... ... 320
26. Power to apprehend in certain cases . ... ... ... ... ... 321
27. DrunkennePs ............................... ... ... ... ... 321
28. Prohibition of smoking in certain places ... ... ... ... 322
29. Offences relating to suspected stolen property ... ... ... 322
30. Liability~of occupier of premises in certain cases ... ... 323
31, Removal of filth etc. and recovery of expenses ... ... ... 323
32. Complainant in summary proceedings ..... ... ... ... ... 323
33. Saving for indictments .................... ... ... 323
34. Acts done by lawful authority........... ... ... ... 324
35. Recovery of penalties ..................... ... ... ... ... 324
36. Power to make regulations .............. ... ... ... ... 324





CHAPTER 228.

SUMMARY OFFENCES.

To amend and consolidate the law relating to summary
offences.

[1st January, 1933.]

1. This Ordinance may be cited as the Summary
Offences Ordinance.

2. (1) In this Ordinance-
'lawful authority' extends to and denotes any permission
which may be lawfully given by a public officer or
department or by a private person;
'public meeting' includes any meeting in a public place
and any meeting which the public or a section thereof
are. permitted to attend, whether on payment or other-
wise;
'public officer,' or 'public department,' extends to and
includes the Governor and every officer or department
invested with or performing duties of a public nature,
whether under the immediate control of the Governor
or not;.
'public place' includes all piers, thoroughfares, streets,
roads, lanes, alleys, courts, squares, archways,. water-
ways, passages, paths, ways and places to which the
public have access either continuously or periodically,
whether the same are the property of the Crown or
of private persons.

(2) Where no specific description is given of the
ownership of any property, the word 'property' shall be
taken to apply to all such property of the kinds specified,
whether owned by the Crown, by a public department or
by a private person.





Nuisances, trespasses and.similar offences.

3. Any person who without lawful authority or
excuse-

(i) throws or lays, or causes or knowingly permits to
be thrown or laid, any carrion, dirt, soil, straw or dung,
or any other filth, rubbish or noisome or, offensive matter
whatsoever, on any public Placce, or on any Government
property unless with the consent of a public officer, or on
any private property unless with the consent of the owner
and of the occupier (if any) of such private property; or
into any well, stream, watercourse, ford or reservoir, or
into any drain or sewer; or permits or suffers any such
noisome or offensive substance as aforesaid to remain
exposed in any drain, sewer or elsewhere, opposite to or
in the immediate neighbourhood of his house; or allows
any accumulation of filth or offensive substances within the
premises occupied by him, or in any manner defiles or
pollutes any well, stream or watercourse used by any of
the inhabitants of the Colony or for the supplying with
water of ships resqrting thereto;

(2) in or into a public place or vehicle or ferry or
any building to which the public have access, spits except
into a receptacle or channel for sewage, sullage or waste
water;

(3) obeys any call of nature in any public, exposed,
or other improper place;

(4) sets out or leaves, or causes to be set out or left,
any matter or thing which obstructs, incommodes or
endangers, or may obstruct, incommode or endanger, any
person or vehicle in any public place;

(5) causes any annoyance or obstruction in any public
place-
(a) by exposing anything for sale in or upon, or so
as to hang over, any street, road or footway, or
on the outside of any house, shop or building or
(b)by setting up or continuing any pole, blind,
awning, line or other projection from any window,
parapet or other part of any house, shop or
building;





(6). encroaches on any public place or Crown land by
erecting any building, either on or projecting over the same,
or constructs any spout which projects water thereon;

(7) being the occupier or owner of any house, building
or other erection, neglects to repair or remove the same when
in a ruinous or unsafe state, and when it endangers or may
endanger the passers-by in any public place;

(8) rides or drives on any foot-path without obvious
necessity; or in any public place rides or drives recklessly or
negligently or at a speed or in a manner which is dangerous
to the public, having regard to all the circumstances of the
case; or, when passing or meeting another ridden or driven
animal or vehicle, does not keep to the customary side of
the road;

(9) leads any horse or other large animal, or draws or
propels any vehicle, truck or barrow upon any footpath, or
fastens any horse or other large animal so that it can stand
across or upon any footpath ; or allows any horse or cattle to
wander upon or into any public place;

(10) in any public place, to the annoyance of the
inhabitants or passers-by, kills or slaughters or exposes for
show or sale (except in a market lawfully appointed for that
purpose), or feeds or fodders, any horse or other animal ; or
shoes, bleeds or farries any horse or other animal (except in
case of accident) ; or turns loose, cleans, dresses, exercises,
trains or breaks any horse or other animal ; or cleans, makes
or repairs any part of any vehicle, except in case of accident
where repair on the spot is necessary;

(ii) keeps any dog accustomed to annoy neighbours or
passers-by by barking or otherwise; or suffers to be at large
any unmuzzfed ferocious dog or other animal; or sets on or
urges any dog or other animal to attack, worry or put in fear
any person or animal; or keeps any animal or bird which
is a source of annoyance to any neighbour by reason of any
noise made by such animal or bird;

(12) upon any public footway rolls or carries any barrel,
cask, butt or other thing calculated to annoy or incommode
passers-by, except for the purposes of housing it or of loading
any vehicle on the other side of the footway;





(13) in, near or adjoining any public place wantonly
or unnecessarily blows any horn, beats any gong or, drum or
makes any other noise calculated to annoy or alarm any
person or to frighten any horse or other animal;

(14) wantonly or negligently discharges any firearm, or
throws or discharges any stone or other missile, or makes any
bonfire, or throws or sets fire to any firework, to the damage
or danger of any person;

(15) kindles, discharges, or lets off any firework save
tinder and in accordance with the conditions of any such
general or special permit as the Secretary for Chinese Affairs
in his absolute discretion may issue or save under and in
accordance with the conditions of any special permit which
in his absolute discretion the District Commissioner, New
Territories, may issue;

(16) plays any musical instrument in any public street
or road save under and in accordance with the conditions of
any such general or special permit as the Commissioner of
Police in his absolute discretion may issue;

(17) in any public place organizes, equips or takes part
in any procession, save under and in accordance with the
conditions of any such general or special permit as the Com-
missioner of Police in his absolute discretion may issue;

(18) organizes or equips or takes part in any collection
of money or the sale of badges in any public place save
under and in accordance with the conditions of any such
general or special permit as the Commissioner of Police in
his absolute discretion may issue;

(ig) in any public place distributes, posts up or exhibits,
or causes to be distributed, posted up or exhibited, any hand-
bill, notice or proclamation in the Chinese language without
the permission of the Secretary for Chinese Affairs or the
District Commissioner. This paragraph is not to apply to
Government notices;

(20) in or near any public place defaces any rock or
any road-cutting by carving or otherwise marking thereon
any letter, character, figure or device;

(21) organizes or, takes part in any public meeting
except a meeting solely for religious purposes or a meeting
held under and in accordance with the conditions of any





such general or special permit as the Commissioner of Police
in his absolute discretion may issue;

(22) in any public place or at any public meeting uses
threatening, abusive or insulting words or behaviour witin
intent to provoke a breach of the peace or whereby a breach
of the peace might be occasioned;

(23) disturbs any inhabitant by pulling or ringing any
door bell, or by knocking or striking at any door without
lawful excuse; or extinguishes the light of any lamp;

(24) plays at any game or pastime to the annoyance of
the inhabitants or passers-by ; or plays at any game or loiters
in any public place, so as to obstruct the same or create a
noisy assembly therein;

(25) indecently exposes his person by bathing or other-
wise near any public place or dwelling-house : Provided
that no person who in the opinion of the magistrate is under
the age of fourteen years shall be guilty of an offence under
this paragraph by reason only of his bathing unclothed;

(26) uses, exercises or follows, in or upon any premises,
or any part of any premises, held under a lease from the
Crown, in breach of any covenant in such lease, the trade or
business of a brazier, glass-blower, slaughterman, soap-
maker, sugar-baker, fellmonger, melter of tallow, oilman,
butcher, distiller, victualler or tavern-keeper, blacksmith,
nightman, scavenger, or any other noisy, noisome or
offensive trade or business whatever, without the previous
licence of His Majesty signified in writing by the Governor
or other person duly authorized in that behalf;

(27) wilfully or negligently in or near any public place
drops or allows to fall any building material or other thing
to the damage or danger of any person;

(28) forms any trench, opening or other obstruction in
any public place, or fails to fence off and properly watch and
light any trench, opening or other obstruction in any public
place;

(29) does any act whereby injury or obstruction, whe-
ther directly or consequentially, may accrue to a public place
or to the shore of the sea, or to navigation, mooring or
anchorage, transit or traffic;





(30) uses or introduces in or into any public place any
loud speaker, megaphone or other device or instrument for
magnifying sound save under and in accordance with the
conditions of any such general or special permit as the
Commissioner of Police in his absolute discretion may issue;

(31) trespasses or allows any beast to trespass upon or
in any messuage, tenement, cemetery or land vested in or
under the control or management of any public officer or
department whatsoever;
(32) deposits any earth, stones or other materials on
Crown land without a permit from the Director of Public
Works or from the District Commissioner;

(33) rakes or picks over any refuse deposited in or upon
any public place, vacant land or refuse depot, or in any dust
bin, dust box, dust basket or dust cart standing in or upon
any public place, vacant land or refuse depot, or removes
any portion of any refuse so deposited,
shall be liable to a fine of five hundred dollars or imprison-
ment for three months.

4. (1) Any person who within any district to which
any scavenging and conservancy by-laws apply-
(a)places in or upon or conveys along or across any
public place any excretal matter except between the
hours of midnight and 6 a.m. and except in strong
substantial buckets with closely fitting covers and of
such pattern as may be approved by the Urban
Council
(b)places in or upon or conveys along or across any
public place any pigwash except between midnight
and 9 a.m. and except in strong substantial buckets
with closely fitting covers and of such pattern as
may be approved by the Urban Council; or conveys
such pigwash in any boat or vessel except in such
buckets or, if in bulk, in water-tight tarred holds
with closely fitting hatches;
(c)empties, discharges, deposits or places any excretal
matter or pigwash in, over or upon any gully, drain,
sewer or any inlet thereto;
(d)empties, discharges, deposits or conveys any
excretal matter in or to any place other than a con-
servancy boat;





(e)brings any excretal matter from any premises or
place situated outside any district to which this
section applies to any premises or place situated
within any such district;
after removal of any pigwash from any premises
empties, discharges, places or conveys it in or to any
place except a licensed pigsty,
shall be liable to a fine of one hundred dollars.

(2) In this section 'excretal matter' shall include urine
and nightsoil.

5. . Any person 'Who uses or utters cries for the purpose
of buying or selling any article whatsoever, or who makes
any noise whatsoever with the object of disposing of or
attracting attention to his goods, wares or trade shall be liable
to a fine of fifty dollars. [6

6. (1) Any person who-
(a)takes or attempts to take in any court any photo-
graph, or with a view to publication makes or
attempts to make in any court any portrait or sketch,
of any person, being a Judge of the court or a juror
or amitness in or a party to any proceedings before
the court, whether civil or criminal; or
(b)publishes any photograph, portrait or sketch taken
or made in contravention of the foregoing provi-
sions of this section or any reproduction thereof
shall, on summary conviction, be liable to a fine of two
hundred and fifty dollars.

(2) For the purposes of this section-
(a)the expression 'court' means any court of justice,
including any place in which an inquiry is being
held by a magistrate;
(b)the expression 'judge' includes registrar, magis-
trate and justice of the peace ;
(c)a photograph, portrait or sketch shall be deemed
to be a photograph, portrait or sketch taken or
made in court if it is taken or made in the court-
room or in the building or in the precincts of the
building in which the court is held, or if it is a
photograph, portrait or sketch taken or made of





the person while he is entering or leaving the
court-room or any such building or precincts as
aforesaid. [6A

7. Any person who-
(a)erects any shed or house of matting or other
inflammable material so as in case of fire to
endanger any neighbouring building;
(b) without the consent of the owner or occupier affixes
any poster or other paper against or upon any
building, wall, fence or paling; or writes upon,
soils, defaces or marks any building, wall, fence
or paling with chalk or paint or in any other way
whatsoever; or wilfully breaks, destroys or damages
any part of any building, wall, fence or paling,
or any fixture or appendage thereof;
(c)keeps a house or other building for the occupation
or resort of prostitutes, to the annoyance of any
person inhabiting or residing near thereto;
(d)assembles together with other persons in the night-
time without lawful excuse; or seeing any such
illegal assemblage, or knowing or having reason
to suspect that such assemblage has taken place
or is about to take place, does not give immediate
notice thereof to the nearest police station or to
a police officer;
(e)being employed as a private guard or watchman,
sleeps on his post or is negligent, remiss or
cowardly in the execution of his duty,
shall be liable to a fine of five hundred dollars or imprison-
ment for three months.

8. Any person who, without lawful authority or
excuse-
(a)fells, cuts, uproots, breaks, injures or destroys any
standing or growing tree, sapling, shrub, under-
wood, plant, fruit, vegetable, grass-sod or turf,
wherever growing and whether the same is the
property of the Crown or of any private person
(except in any case where such offence is proved
to have been committed with felonious intent);
(b)cuts, breaks, throws down or in any wise destroys
or damages any fence, paling, stile, gate or bridge,





or any part thereof, or any wall or bank or any
part thereof, other than such walls and banks as
are specified in section 19 of the Malicious Damage
Ordinance,
shall be liable to a fine of five hundred dollars or to
imprisonment for three months.

9. (1) No person shall, except under and in accord-
ance with a current licence or permit from the Director
of Public Works or from the District Commissioner or
other lawful authority, occupy or continue to occupy, or
erect or maintain any structure whatsoever upon, or place
or maintain any thing upon or in, any land which is not
held under lease from the Crown.
(2) Upon the conviction of any person of an offence
against the provisions of subsection (1), it shall be lawful
for a magistrate, in lieu of or in addition to any penalty
which he may impose, by order to authorize the forcible
eviction of any person from the land and the demolition
of any structure erected thereon and the removal of any
thing placed thereon or therein.

(3) If the offender cannot be ascertained or cannot be
found or does riot appear, it shall be lawful for a rriagis-
trate, upon proof of any contravention of the provisions
of subsection (1), to make any such order as lie might
have made upon the conviction of the offender.

(4) Any person who contravenes any of the provisions
of this section shall be liable to a fine of five hundred
dollars, and shall also be liable to pay the cost of the
demolition of any structure or the removal of any thing
demolished or removed under an order made under this
section.

(5) This section shall not apply in the case of any
scaffolding of wood or bamboo necessarily erected for the
removal of a dead body, provided that no such scaffolding
shall be maintained for more than forty-eight hours froin
the time of its erection except with the permission in
writing of the Commissioner of Police.

10. (1) Any person who alters in any way the con-
struction of any ship or of any part thereof or any fittings





therein, with a view to the unlawful possession, storage or
conveyance of arms, ammunition, opium, dangerous drugs
or any other article or substance, shall be liable to a fine
of five thousand dollars and to imprisonment for one year.

(2) Any person who without lawful authority or excuse
alters in any way the construction of any ship or of any
part thereof or any fittings therein, shall, until the contrary
is proved, be deemed to have done so with a view to the
unlawful possession, storage and conveyance of some article.

(3) It shall be sufficient in any prosecution under this
section to allege that the accused altered the construction
of the ship or of some part thereof or of some fitting
therein with a view to the unlawful possession, storage or
conveyance of some article, without specifying any parti-
cular article or substance.

11. Any female who being in any public place or
place of public resort, or being on any verandah or at any
window or doorway over or opening onto any public place,
solicits or loiters for the purpose of soliciting any person
for any immoral purpose or behaves indecently shall be
liable to a fine of five hundred dollars or to imprisonment
for three months.

12. (1) No person shall between the hours of 11 p.m.
and 6 a.m. make or cause or permit to be made or caused
any noise whatever calculated to disturb or interfere with
the public tranquillity or to annoy any person.

(2) Any person who contravenes any of the provisions
of this section shall be liable to a fine of five hundred
dollars.

(3) If it appears to the magistrate that the person so
offending acted as watchman or servant of the proprietor
or occupier of any dwellinghouse, warehouse, or other out-
house, office or premises, or of the inhabitant or person
in charge thereof, or by or with the direction, knowledge,
sanction, sufferance or permission of such proprietor or
occupier or of such inhabitant or person in charge as afore-
said, it shall he lawful for the magistrate to dismiss the
charge as against the watchman or servant or person acting
as such and to summon forthwith before him the proprietor





or occupier, or inhabitant or person in charge aforesaid,
and being satisfied that he did so direct, sanction, suffer
or permit the making of the said noise, to impose a fine
on such proprietor or occupier, or inhabitant or person in
charge aforesaid, of five hundred dollars.

(4) When such noise as aforesaid is made in or upon
any dwellinghouse or premises, if it is impracticable or
difficuit to apprehend, discover or identify the person so
making it, it shall be lawful for a magistrate, on informa-
tion thereof, to summon before him the proprietor or
occupier, or inhabitant or person in charge, of such
dwellinghouse or premises, and if it appears that such
noise was made by the direction or with the knowledge,
sanction, sufferance or permission of the proprietor,
occupier, inhabitant or person in charge, to impose on him
a fine of five hundred dollars.

(5) This section shall not apply to such districts or
areas as the Governor in Council may direct by notifica-
tion in the Gazette. [13

13. Any person who without lawful authority or excuse
discharges any cannon or firearm within two hundred
yards of any dwellinghouse or any motor road to the
annoyance of any inhabitant or passer-by, and who, after
being warned of such annoyance, again so discharges any
such weapon shall be liable to a fine of five hundred
dollars. [15

14. Any person who-
(a)knowingly takes in exchange from any seaman or
other person, not being the owner or master of
any vessel, anything belonging to any vessel or
any part of the cargo of any such vessel, or any
stores or articles in charge of the owner or master
of any such vessel;
(b)for the purposes of protecting or preventing any-
thing whatsoever from being lawfully seized on
suspicion of its being stolen or otherwise unlaw-
fully obtained, or of preventing the same from
being produced or made to serve as evidence con-
cerning any felony or misdemeanor committed or
supposed to have been committed frames or causes





to be framed any bill of parcels containing any
false statement in regard to the name or abode of
any alleged vendor, the quantity or quality of any
such thing, the place whence or the conveyance
by which the same was furnished, the price agreed
upon or charged for the same or any other parti-
cular, knowing such statement to be false; or
fraudulently produces such bill of parcels, know-
ing the same to have been fraudulently framed;
(c)bores, pierces, breaks, cuts open or otherwise
injures any cask, box or package containing wine,
spirits or other liquors on board any ship, boat
or vessel, or in or upon any warehouse, wharf,
quay or bank, with intent feloniously to steal or
otherwise unlawfully obtain any part of the contents
thereof; or unlawfully or with intent to destroy
evidence of any offence drinks or wilfully spills or
allows to run to waste any part of the contents
thereof; or
(d)wilfully causes to be broken, pierced, started, cut,
torn or otherwise injured any cask, chest, bag or
other package containing any goods, while on
board of any barge, lighter or other craft, or at
any quay, creek, wharf or landing-place adjacent
to the same, or on the way to or from any ware-
house, with intent that the contents of such pack-
age or any part thereof may be spilled or dropped
from such package,
shall be liable to a fine of one thousand dollars or to im-
prisonment for three months. [16

15. Any person who without lawful authority or excuse
removes or carries away any stone or stake driven into the
ground as a land-mark or for the purpose of defining or
marking the boundaries of any lot or parcel of ground,
shall be liable to a fine of five hundred dollars or to im-
prisonnient for three months. [17

16. Any person who has in his possession any spear,
bludgeon or other offensive weapon, or any crowbar, pick-
lock, skeleton-key or other instrument fit for unlawful
purposes, with intent to use the same for any such unlawful
purpose, or is unable to give satisfactory account of his





possession thereof, shall be liable to a fine of one thousand
dollars or to imprisonment for three months. [18

17. (1) Any person who shall import or have in his
possession or custody an imitation firearm shall be liable
to imprisonment for six months or to a fine of two thousand
dollars : Provided that it shall not constitute an offence
against this section for a juvenile to possess an imitation
firearm or for any person to import an imitation firearm
under and in accordance with a permit of the Director of
Commerce and Industry containing such conditions as such
Director may see fit to impose: Provided also that no
prosecution under this section shall be commenced without
the consent of the Attorney General.

(2) It shall be lawful for a magistrate upon the request
in writing of the Commissioner of Police to order that any
imitation firearm be destroyed by the police whether any
person has been or could be convicted of offence
against this section or not.

(3) In this section-
'imitation firearm' means anything other than an arm
within the meaning of section 2 of the Arms and Am-
munition Ordinance, which if observed in daylight has
the appearance of being a lethal barrelled weapon of
any description;
'import' means to bring or cause to be brought into the
Colony by land, air or water;
'juvenile' means a person who has not completed his
fourteenth year., [18A

18. Any person who behaves in a riotous, noisy or
disorderly manner, or uses any profane or indecent
language or any threstening, abusive or insulting words or
behaviour, with intent to provoke a breach of the peace
or whereby a breach of the peace may be occasioned, or
who makes any speech tending directly or indirectly,
whether by inference, suggestion, allusion, metaphor,
implication or otherwise, to encourage or incite any person
to interfere with the maintenance of law and order, shall
be liable to a fine of five hundred dollars or to imprison-
ment for three months.





19. Any person who-
(a)sends any message by telegraph, telephone,
wireless telegraphy or wireless telephony which is
grossly offensive or of an indecent, obscene or
menacing character; or
(b)sends by any such means any message, which he
knows to be false, for the purpose of causing
annoyance, inconvenience or needless anxiety to
any other person; or
(c)persistently makes telephone calls without reason-
able cause and for any such purpose as aforesaid,
shall be liable to a fine of one hundred dollars and to
imprisonment for one month. [19A

20. (1) Any person who wears a uniform which he
is not entitled to wear or any dress so closely resembling
the same as to be calculated to deceive shall be liable to a
fine of one thousand dollars or to imprisonment for six
months: Provided that the wearing of any uniform or
dress by a performer in any public entertainment with the
consent of the Commissioner of Police shall not constitute
an offence against this section.

(2) In this section 'uniform' rneans any apparel from
time to time constituting the proper apparel whilst on duty
for members of His Majesty's Forces or of the Hong Kong
Defence Force or for the British Mercantile Marine or for
members of the Hong Kong Police Force or Hong Kong
Police Reserve or for any force raised tinder the authority
of ariv enactment in force in the Colony and 'apparel'
includes accoutrements. [19B

21. Any person who, by any act or omission and
whether or not with intent to procure any valuable thing,
falsely pretends that he is a public servant or is able to
procure any public servant to do or refrain from doing
any act or thing in connexion with the duty of such public
servant shall be liable to a fine of one thousand dollars
or to imprisonment for six months [19G

22. Any person who resists or obstructs a public officer
or other person lawfully engaged, authorized or employed
in the performance of any public duty or any person lawfully





assisting such public officer or person therein shall be liable
to imprisonment for six months and to a fine of one
thousand dollars. [19D

23. Any person who, not being a police officer or a
member of the Hong Kong Police Reserve, as the case may
be, has in his possession any article forming part of the
clothing, accoutrements or appointments supplied to any
such officer or member and is not able satisfactorily to
account, for his possession thereof shall be liable to a fine
of two hundred and fifty dollars. [20

24. (1) Any person who pretends or professes to tell
fortunes, or uses any subtle craft, means or device by
palmistry, divination, sortilege, astrology, phrenology,
physiognomics, or otherwise to deceive and impose on any
one, shall be liable to a fine of one thousand dollars or
to imprisonment for three months; and the magistrate may
order to be forfeited any book or other article used or
capable of being used by the offender for the purposes of
the offence.

(2) Nothing in this section shall be deemed to prohibit
the practice of fortune telling in Chinese temples registered
under the Chinese Temples Ordinance, and conducted by
the temple-keepers in accordance with the religious princi-
ples governing Miu, Tsz, Kun, To Yuen or Om in the
worship of gods or communication with spirits.

(3) No prosecution under this section shall be instituted
without the consent of the Secretary for Chinese Affairs :
Provided that such consent shall not be necessary for the
arrest of any person suspected of having committed an
offence against this section. [20A

25. Any person who-
(a)is found between sunset and 6 a.m. loitering in
any highway, yard or other place, and who cannot
give a satisfactory account of himself;
(b)is found at any time in or upon any dwelling-
house, warehouse, stable, garage, outhouse, private
enclosure or garden for any unlawful purpose; or
(c)being a suspected person or reputed thief is found
at any time loitering in, at or upon, or frequenting,





any river, navigable stream, dock or basin, or any
quay, wharf or warehouse near or adjoining
thereto, or any public place or place of public
resort, ol, any street or highway or any place
adjacent to a street or highway, with intent to
commit felony: Provided that in proving intent
to commit felony under this paragraph it shall not
be necessary to show that the person suspected
was guilty of any particular act or acts tending to
show his purpose or intent, and he may be
convicted if, from the circumstances of the case and
from his known character as proved to the
magistrate before whom he is brought, it appears
to Such magistrate that his purpose was to commit
felony,
shall be liable to a fine of one thousand dollars or to
imprisonment for three months. [21

26. Any person found committing any offence punish
able under this Ordinance may be apprehended by the
owner of the property on or with respect to which the offence
is committed, or by his servant or any person authorized
by him, and may be detained until he can be delivered into
the custody of a police officer to be dealt with according to
law. [22

27. (1) Any person who is found drunk in any public
place or on any premises licensed under any Ordinance
relating to liquor licences shall be liable to a fine of fifty
dollars.

(2) Any person who while drunk behaves in a riotous
or disorderly manner in any public place shall be liable to
a fine of two hundred and fifty dollars or to imprisonment
for two months.

(3) Any person who is found drunk while in charge of
any vehicle (other than a motor vehicle) or of any horse,
in any public road or street shall be liable to a fine of
two hundred and fifty dollars or to imprisonment for two
months.

(4) For the purposes of subsection (3) a person shall
be deemed to have been drunk if he was so much under





the influence of alcohol as to have lost control of his
faculties to such an extent as to render him unable to
execute safely the occupation on which he was engaged at
the time in question.

(5) Any person who is found drunk while in possession
of any loaded firearm or of any firearm and any ammuni
tion therefor shall be liable to a fine of two thousand
dollars and to imprisonment for six months. For the
purposes of this subsection a person shall be deemed to
have been drunk if lie was so much under the influence
of alcohol as to have lost control of his faculties to such
an extent as to render him unable to handle a firearm safely
at the time in question. [23

28. (1) No person shall smoke-
(a)in any storehouse, workshop or building attached
to the naval establishments in the Colony, not
appropriated as a residence; or
(b)in any naval or military ordnance magazine,
military ordnance building or workshop and the
inclosures to such premises.

(2) No person shall smoke on board any vessel what-
soever which is in any naval dock or naval dockyard or
alongside any naval premises: Provided that this section
shall not apply to any person who is a member of His
Majesty's naval forces: Provided also that it shall be
lawful for the Senior Naval Officer in Hong Kong to grant
such exemptions from the provisions of this subsection as
he may think fit.

(3) Any person who contravenes any of the provisions
of this section shall be liable to a fine of five hundred
dollars.

29. Any person who is brought before a magistrate
charged with having in his possession or conveying in any
manner anything which may be reasonably suspected of
having been stolen or unlawfully obtained, and who does
not give an account, to the satisfaction of the magistrate,
how he came by the same, shall be liable to a fine of one
thousand dollars or to imprisonment for three months. [24





30. Where any offence under paragraph (1), (4), (14)
or (15) of seciion 3 is committed at, on or from any pre-
mises, the person in actual occupation of such premises
shall be liable to the same penalty as the actual offender,
unless the actual offender shall first have been prosecuted
to conviction : Provided that if a dwelling-house is let
out in flats nothing in this section shall have the effect of
imposing liability on any person other than the occupier
of the flat at, onor frorn which the offence was
committed. [25

31. (1) It shall be lawful for the Commissioner of
Police to require any person whose duty it may be to
remove any filth or obstruction, or to do any other matter
or thing required to be done by this Ordinance, to do so
within a certain time to be then fixed by the said officer,
and, in default of such requisition being complied with, the
officer shall cause to be removed such filth or obstruction
or do or cause to be done such other matter or thing as
aforesaid.

(2) It shall be lawful for the magistrate by whom any
person has been convicted of an offence in respect of any
such filth or obstruction to order such offender, in addition
to the penalties hereinbefore imposed, to pay such sum of
money for defraying the expenses of such removal, or of
doing such other matter or thing, as to the magistrate may
seem just and reasonable; and the sum so ordered shall
be recoverable in the manner hereinafter provided for the
recovery of penalties imposed by this Ordinance. [26

32. All summary proceedings tinder this Ordinance
may be had on the information of any complainant. [27

33. Nothing in this Ordinance shall be construed to
prevent any person from being indicted or from being
proceeded against by indictment or information for any
offence made punishable on summary conviction by this
Ordinance, or to prevent any person from being liable to
be proceeded against by action for any hurt or damage
caused by him: Provided, nevertheless, that no person
be punished twice for the same offence, and provided that
no compensation has been awarded for such hurt or
damage. [28





34. Nothing in this Ordinance shall operate to the
restraint or punishment of any act or thing done under or
sanctioned by lawful authority, but in every case the proof
of such lawful authority shall lie on the person alleging
the same. [29

35. Any offence against the provisions of this Ordin
ance or of any regulation made thereunder shall be
punishable on summary conviction ; and the penalties
imposed by this Ordinance or by any regulation made there
under shall be recoverable according to the provisions of
any Ordinance regulating the summary jurisdiction of
magistrates. [30

36. The Governor in Council may make regulations-
(a) for the issue of permits under section 3 or 9 hereof;
(b)for the fees (if any) to be charged in respect of
such permits;
(c)for the conditions which may be prescribed or the
manner in which conditions may be prescribed in
connexion with such permits;
(d)for the control of noises and delimitation of areas
under section 12;
(e)generally for the better carrying out of the
provisions of this Ordinance,
and such regulations may specify that a breach thereof
shall be an offence punishable with a fine of five hundred
dollars or imprisonment for three months. Subject to any
such regulations, nothing herein contained shall prejudice
the right of a permit issuing authority to prescribe conditions
upon the grant of a permit under this Ordinance. [31
40 of 1932. 9 of 1900. 6 of 1933. 26 of 1933. 17 of 1934. 7 of 1935. 36 of 1935. 44 of 1935. 13 of 1936. 35 of 1936. 10 of 1940. 30 of 1946. 26 of 1947. 11 of 1949. 9 of 1950. 22 of 1950. 24 of 1950. Short title. Interpretation. 11 of 1949, s. 2. Nuisances committed in public places, etc. 10 of 1940, s. 2. 11 of 1949, s. 3. 11 of 1949, s. 3. [s. 3 cont.] [s. 3 cont.] 11 of 1949, s. 3. 11 of 1949, s. 3. 11 of 1949, s. 3. 11 of 1949, s. 3. 35 of 1936, s. 2. 35 of 1936, s. 3. 11 of 1949, s. 3. [s. 3 cont.] 11 of 1949, s. 3. 11 of 1949, s. 3. 11 of 1949, s. 3. 11 of 1949, s. 3. Offences by carriers of night soil and pigwash. [s. 4 cont.] 11 of 1949, s. 4. Street cries for buying or selling. 11 of 1949, s. 5. Prohibition on taking photographs, etc., in court. [cf. 15 & 16 Geo. 5, c. 86, s. 41.] 11 of 1949, s. 6. Other offences against good order. 44 of 1935, s. 10. Other nuisances in the nature of trespass or damage. [s. 8 cont.] (Cap. 211.) 22 of 1950, Schedule. Occupying etc. Crown land without a licence. 11 of 1949, s. 8. 22 of 1950, Schedule. 17 of 1934, s. 2. Alteration of ship with a view to smuggling, etc. 22 of 1950, Schedule. Females soliciting for immoral purpose. 11 of 1949, s. 9. 22 of 1950, Schedule. Making noise at night. 11 of 1949, s. 10. 22 of 1950, Schedule. Watchman or servant making noise by direction of proprietor of dwelling-house, etc. [s. 12 cont.] 22 of 1950, Schedule. Liability of proprietor of dwelling-house. 22 of 1950, Schedule. Firing near dwelling-house or road. 22 of 1950, Schedule. Offences relating to vessels, seamen and merchandise. 22 of 1950, Schedule. Removing land-mark. 22 of 1950, Schedule. Possession of offensive weapon, etc., with intent. [s. 16 cont.] 22 of 1950, Schedule. Possession and importation of imitation firearms. 22 of 1950, Schedule. 30 of 1946, s. 2. 11 of 1949, s. 11. 26 of 1947, s. 2. (Cap. 238). Behaving riotously or provoking breach of peace. 22 of 1950, Schedule. Offences in connexion with telephone calls or messages or telegrams. 25 Geo. 5, c. 15, s. 10(2). 36 of 1935, s. 2. Unlawful for any person to wear uniform to which he is not entitled. 11 of 1949, s. 12. 9 of 1950, Schedule. Falsely pretending to be or be able to influence a public servant. 11 of 1949, s. 12. Resisting or obstructing a public officer or other person lawfully engaged in a public duty. [s. 22 cont.] 11 of 1949, s. 12. 9 of 1950, Schedule. Improper possession of arms or clothing of police officer or member of police reserve. 11 of 1949, s. 13. Fortune telling. 6 of 1933, s. 2. 22 of 1950, Schedule. (Cap. 153). Suspected persons and loiterers. 5 Geo. 4, c. 83, s. 4. 34 & 35 Vict, c. 112, s. 15. 54 & 55 Vict, c. 69, s. 7. 22 of 1950, Schedule. Power to apprehend in certain cases. Drunkenness. 22 of 1950, Schedule. 24 of 1950, Schedule. 22 of 1950, Schedule. 22 of 1950, Schedule. [s. 27 cont.] 22 of 1950, Schedule. Prohibition of smoking in certain places. 9 of 1900, ss. 2, 3, 4. 22 of 1950, Schedule. Persons suspected of having or conveying stolen property. 2 & 3 Vict. C. 71, s. 24. 22 of 1950, Schedule. Liability of occupier in the case of certain offences. Removal of filth, etc., and recovery of expense. Summary proceedings. Saving of liability of offender to indictment or action. Acts done by lawful authority. Recovery of penalties. Regulations. 24 of 1950, Schedule.

40 of 1932. 9 of 1900. 6 of 1933. 26 of 1933. 17 of 1934. 7 of 1935. 36 of 1935. 44 of 1935. 13 of 1936. 35 of 1936. 10 of 1940. 30 of 1946. 26 of 1947. 11 of 1949. 9 of 1950. 22 of 1950. 24 of 1950. Short title. Interpretation. 11 of 1949, s. 2. Nuisances committed in public places, etc. 10 of 1940, s. 2. 11 of 1949, s. 3. 11 of 1949, s. 3. [s. 3 cont.] [s. 3 cont.] 11 of 1949, s. 3. 11 of 1949, s. 3. 11 of 1949, s. 3. 11 of 1949, s. 3. 35 of 1936, s. 2. 35 of 1936, s. 3. 11 of 1949, s. 3. [s. 3 cont.] 11 of 1949, s. 3. 11 of 1949, s. 3. 11 of 1949, s. 3. 11 of 1949, s. 3. Offences by carriers of night soil and pigwash. [s. 4 cont.] 11 of 1949, s. 4. Street cries for buying or selling. 11 of 1949, s. 5. Prohibition on taking photographs, etc., in court. [cf. 15 & 16 Geo. 5, c. 86, s. 41.] 11 of 1949, s. 6. Other offences against good order. 44 of 1935, s. 10. Other nuisances in the nature of trespass or damage. [s. 8 cont.] (Cap. 211.) 22 of 1950, Schedule. Occupying etc. Crown land without a licence. 11 of 1949, s. 8. 22 of 1950, Schedule. 17 of 1934, s. 2. Alteration of ship with a view to smuggling, etc. 22 of 1950, Schedule. Females soliciting for immoral purpose. 11 of 1949, s. 9. 22 of 1950, Schedule. Making noise at night. 11 of 1949, s. 10. 22 of 1950, Schedule. Watchman or servant making noise by direction of proprietor of dwelling-house, etc. [s. 12 cont.] 22 of 1950, Schedule. Liability of proprietor of dwelling-house. 22 of 1950, Schedule. Firing near dwelling-house or road. 22 of 1950, Schedule. Offences relating to vessels, seamen and merchandise. 22 of 1950, Schedule. Removing land-mark. 22 of 1950, Schedule. Possession of offensive weapon, etc., with intent. [s. 16 cont.] 22 of 1950, Schedule. Possession and importation of imitation firearms. 22 of 1950, Schedule. 30 of 1946, s. 2. 11 of 1949, s. 11. 26 of 1947, s. 2. (Cap. 238). Behaving riotously or provoking breach of peace. 22 of 1950, Schedule. Offences in connexion with telephone calls or messages or telegrams. 25 Geo. 5, c. 15, s. 10(2). 36 of 1935, s. 2. Unlawful for any person to wear uniform to which he is not entitled. 11 of 1949, s. 12. 9 of 1950, Schedule. Falsely pretending to be or be able to influence a public servant. 11 of 1949, s. 12. Resisting or obstructing a public officer or other person lawfully engaged in a public duty. [s. 22 cont.] 11 of 1949, s. 12. 9 of 1950, Schedule. Improper possession of arms or clothing of police officer or member of police reserve. 11 of 1949, s. 13. Fortune telling. 6 of 1933, s. 2. 22 of 1950, Schedule. (Cap. 153). Suspected persons and loiterers. 5 Geo. 4, c. 83, s. 4. 34 & 35 Vict, c. 112, s. 15. 54 & 55 Vict, c. 69, s. 7. 22 of 1950, Schedule. Power to apprehend in certain cases. Drunkenness. 22 of 1950, Schedule. 24 of 1950, Schedule. 22 of 1950, Schedule. 22 of 1950, Schedule. [s. 27 cont.] 22 of 1950, Schedule. Prohibition of smoking in certain places. 9 of 1900, ss. 2, 3, 4. 22 of 1950, Schedule. Persons suspected of having or conveying stolen property. 2 & 3 Vict. C. 71, s. 24. 22 of 1950, Schedule. Liability of occupier in the case of certain offences. Removal of filth, etc., and recovery of expense. Summary proceedings. Saving of liability of offender to indictment or action. Acts done by lawful authority. Recovery of penalties. Regulations. 24 of 1950, Schedule.

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