SUMMARY OFFENCES ORDINANCE

SUMMARY OFFENCES ORDINANCE

LAWS OF HONG KONG

SUMMARY OFFENCES ORDINANCE

CHAPTER 228

OF

REVISED EDITION 1989

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER

HONG KONG





CHAPTER 228

SUMMARY OFFENCES ORDINANCE

ARRANGEMENT OF SECTIONS

Section.................................... Page
1. Short title ............................3
2. Interpretation .........................3
3. Delegation of powers ...................4
4. Nuisances committed in public places, etc . 4
4A...........................Obstruction of public places 7
4B..........................Objects dropped from buildings 7
4C..........................Permits for tion dances, etc . 8
4D.................................Marine littering 8
4E..............................Powers of entry etc . 9

5.......................Offences by carriers of night soil and pigwash
..........................................10

6........................Street cries for buying or selling 11

6A......................Touting ........................................................... 11

6B..Prohibition of profiteering on the sale of travel tickets in a public place 11
7. Prohibition on taking photographs, etc., in court 12
8. Other offences against good order ....12
9-12.................................(Repealed) 13
12A..........................Objectionable performances 13
13-13A.
(Repealed) ..............................14

14......................Firing near dwelling house or road ................................................. 14

14A...............Provision of alarm systems with a cut-off device 15
15..............Offences relating to vessels, seamen and merchandise 15
16...............................Removing land-mark 16
16A.................................Taking fish 16
17...............Possession of offensive weapon, etc., with intent 16
18..................................(Repealed, . 17
19..........................Possession of simulated bomb 17
20......Offences in connection with telephone calls or messages or telegrams 17
21......Unlawful for any person to wear uniform to which he is not entitled 17

22....................................Falsely pretending to be or be able to influence a public officer 18

23. Resisting or obstructing a public officer or other person lawfully engaged in a

public duty ..................... 18

24. Improper possession of arms or clothing of police officer or member of

Auxiliary Police Force
.................................................................................. 18





Section Page

25-26. (Repealed) .......................19

26A......................................Punishment of person begging alms 19
26B......................................Punishment of person asking alms in threatening manner, etc . 19
27.......................................Power to apprehend in certain cases 19
28.......................................Drunkenness 19
29.......................................Prohibition of smoking in certain places 20
30.......................................Persons suspected of having or conveying stolen property 20
31.......................................Liability of occupier in the case of certain offences 21
32.......................................Removal of filth, etc., and recovery of expenses 21
33.......................................Summary proceedings 21
34.......................................Saving of liability of offender to indictment or action 21
35.......................................Acts done by lawful authority 22
36.......................................Recovery of penalties 22
37.......................................Regulations 22

38. (Rep-led).................................................................................................................
..........................................22





CHAPTER 228

SUMMARY OFFENCES

To consolidate the law relating to summary offences.

[1 January 19331

Originally 40 of 1932,31 of 1900, (Cap. 228,1950) -6of 1933,26 of 1933,17 of 1934,36 of
1935, 44of 1935,13 of 1936,35 of 1936, 10of 1940,30 of 1946,26 of 1947, 11 of 1949,9
of 1950,22 of 1950, 24 of 1950, 69 of 1955, 6 of 1957, 48 of 1959, 42 of 1961, 33 of
1963, 1 of 1964, 9 of 1964, 25 of 1965, 64 of 1967, 4 of 1968, 9 of 1969, 29 of 1969, 21
of 1970, 67 of 1970, 98 of 1970, 5 of 1971, 30 of 1971, 48 of 1972, 54 of 1972, 62 of
1972, L.N. 57 of 1974, 21 of 1975,42 of 1975,61 of 1975, 37 of 1977,61 of 1977, 70 of
1977, 1 of 1978,35 of 1978, L.N. 7 of 1979,37 of 1979,5 of 1980, 7 of 1980, 68 of 1980,
11 of 1981, 38 of 1981, 68 of 1981, R. Ed. 1981, L.N. 76 of 1982, 64 of 1982,2 of 1984,
L.N. 294 of 1985, L.N. 127 of 1986, 75 of 1988,33 of 1989,55 of 1989

1. Short title

This Ordinance may be cited as the Summary Offences Ordinance.

2. Interpretation

(1) In this Ordinance, unless the context otherwise requires-

'depositing' in relation to litter, includes casting, throwing, sweeping, placing or
dropping litter; (Added 38 of 1981 s. 2)

'dwelling vessel' means a dwelling vessel as defined in section 24(1) of the
Shipping and Port Control Ordinance (Cap. 313); (Added 33 of 1989 s.2)

'lawful authority' extends to and denotes any permission which may be lawfully
given by a public officer or department or by a private person;

'litter' means any refuse, rubbish, earth, dirt, filth, dust, sawdust, paper, timber off-
cuts, ashes, excreta, and any other matter of a like nature; (Added 38 of 1981 s.
2)

,,owner' in relation to a vessel, means

(a)the person or persons registered or licensed as the owner of the
vessel, or in the absence of registration or licensing, the person or
persons owning the vessel, except that in relation to a vessel owned
by a State which is operated by a person registered as the vessel's
operator, it means the person registered as its operator; or

(b) a demise charterer of the vessel; (Added38of1981s.2)

'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
otherwise; (Added]] of1949s. 2)





'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, waterways, 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.

3. Delegation of powers

Where under any provision of this Ordinance any public officer is empowered
to permit or consent to the doing of any thing or to issue any licence in respect
thereof, such power may be exercised by any public officer in the same department
as that of the officer to whom the power is granted who is authorized in writing in
that behalf by such officer.

(Added 48 of 1959 s. 2)

Nuisances, trespasses and similar offences

4. Nuisances committed in public places, etc.

Any person who without lawful authority or excuse

(1)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 place, 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 Hong
Kong or for the supplying with water of ships resorting thereto; (Amended
48 of 1959 s. 3; 38 of 1981 s. 3; 33 of 1989 s. 5)

(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; (Added 10 of 1940 s. 2)





(3)obeys any call of nature in any public, exposed, or other improper place;
(Amended 11 of 1949 s. 3)

(4) (Repealed 25 of 1965 s. 2)

(5) causes any annoyance or obstruction in any public place-

(i)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

(ii)by setting up or continuing any pole, blind, awning, fine or other
projection from any window, parapet or other part of any house, shop
or building; (Replaced 11 of 1949 s. 3)

(6) (Repealed 25 of 1965 s. 2)

(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 foot-path, or fastens any horse or other large
animal so that it can stand across or upon any foot-path; or allows any
horse or cattle to wander upon or into any public place;

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;

or otherwise; or suffers to be at large any unmuzzled 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; (Amended 75 of 1988s.40)

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) (Repealed 75 of 1988 s. 40)





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;

in accordance with the conditions of any such general or special permit as
the Commissioner of Police in his absolute discretion may issue;
(Replaced 11 of 1949 s. 3)

(16) (Repealed 64 of 1967 s. 55)

money or sale of badges in a public place save under and in accordance
with a permit in writing issued by the Director of Social Welfare;
(Replaced 21 of 1975 s. 2)

(18) (Repealed 5 of 1980 s. 2)

or otherwise marking thereon any letter, character, figure or device;
(Added 35 of 1936 s. 3)

(20) (Repealed 64 of 1967 s. 55)

(21) (Repealed 64 of 1967 s. 55)

or striking at any door without lawful excuse; or extinguishes the light of
any lamp;

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;

(24) (Repealed 1 of 19 78 s. 8)

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 noisome or offensive trade or business whatever, without the
previous licence of Her Majesty signified in writing by the Governor or
other person duly authorized in that behalf; (Amended 75 of 1988 s. 40)

(26) (Repealed 61 of 1977s. 2)

(27) (Repealed 54 of 1972s. 18)

consequentially, may accrue to a public place or to the shore of the sea, or
to navigation, mooring or anchorage, transit or traffic;

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; (Added26of1933s.2. Replaced 11 of 1949s.3)

(30)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;

(31) (Repealed 25 of 1965 s. 2)

(32)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,

(33) (Repealed 54 of 1972 s. 18) shall be liable to a fine of $500 or to
imprisonment for 3 months.

(Amended 11 of 1949 s. 3; 9 of 1964 s. 3)

4A. Obstruction of public places

Any person who without lawful authority or excuse sets out or leaves, or
causes to be set out or left, any matter or thing which obstructs,

endangers, or may obstruct, inconvenience or endanger, any person or vehicle in a
public place shall be liable to a fine of $5,000 or to imprisonment for 3 months.

(Replaced 54 of 1972 s. 18)

4B. Objects dropped from buildings

(1) If anything is dropped or allowed to fall from any building to the danger or
injury of any person in or near a public place, the person who drops that thing or
allows it to fall commits an offence and is liable to a fine of $10,000 and imprisonment
for 6 months.

(2) If. anything is dropped or allowed to fall from any building in the course of
the construction, repair or decoration of the building or part thereof, to the danger or
injury of any person in or near a public place, the principal contractor on the site and
the contractor carrying out the construction, repair or decoration commits an offence
and is liable to a fine of $50,000 and imprisonment for 1 year.

(3) It shall not be a defence to a charge against a contractor under subsection
(2) that the person who dropped the thing or allowed it to fall has not been
prosecuted or that the thing was dropped or allowed to fall without the consent or
knowledge of the contractor, but a contractor so charged shall not be convicted if he
proves to the satisfaction of the court that he could not reasonably have prevented
the thing being dropped or allowed to fall to the danger or injury of any person in or
near a public place or that reasonable measures had been taken by him or another
person to prevent such an occurrence.

(Added61 of 1977s. 3)





4C. Permits for lion dances, etc.

(1) Subject to subsection (2), any person who organizes or participates in a Hon
dance, dragon dance or unicorn dance, or any attendant martial arts display, in a
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,
is guilty of an offence and liable on conviction to a fine of $2,000 and to
imprisonment for 6 months.

(2) Subsection (1) shall not apply to any person exempted by the Commissioner
of Police.

(3) No prosecution shall be brought under subsection (1) without the consent
of the Attorney General.

(Added]] of 1981 s. 2)

4D. Marine Uttering

(1) Any person who without lawful authority or excuse deposits or causes or
permits to be deposited any litter into the waters of Hong Kong or in any place (not
being a place in respect of which management or control is vested in a public officer
or public body) from which it is likely that the litter will be swept by the tide into the
waters of Hong Kong commits an offence and is liable to a fine of $10,000 and to
imprisonment for 6 months. (Amended 33 of1989 ss. 3 5)

(2) Where an offence is committed under subsection (1) from any vessel, or
from any place or premises, (not being a place or premises in respect of which
management or control is vested in a public officer or public body) the owner or
master of the vessel or the proprietor or occupier of the place or premises, or the part
thereof from which the offence was committed shall be guilty of an offence and liable
to a fine of $50,000 and to imprisonment for 1 year. (Amended 33 of 1989 s. 3)

(3) It shall be no defence to a charge against the owner or master of a vessel or
the proprietor or occupier of any place or premises under subsection (2) that the
person who committed the offence under subsection (1) has not been prosecuted or
that the litter was deposited without his knowledge or consent, but he shall not be
convicted if he proves that the commission of the offence was due to an accident or
some other cause beyond his control and that he took all reasonable precautions
and exercised all due diligence to prevent the commission of the offence.

(4) This section shall not apply to the discharge of sewage from a vessel into
the waters of Hong Kong in the usual course of the operation of the sewerage
system of the vessel.

(Added38of 1981s. 4. Amended33 of 1989s.5)





4E. Powers of entry etc.

(1) The Urban Council, the Regional Council or the Director of Marine may, in
writing, authorize any public officer for the purposes of this section.

(2) A public officer authorized under subsection (1) may require any person
whom he reasonably suspects has committed an offence under section 4D

(a) to declare immediately his name and address; and

(b) to produce for inspection documentary evidence of his identity.

(3) Subject to subsection (4) a public officer authorized under subsection (1)
may at any time, if he reasonably suspects that an offence under section 4D has
been or is being committed from any vessel (other than a warship) or from any place
or premises, board that vessel or enter that place or premises for the purpose of
ascertaining whether such offence has been or is being committed

(4) Subsection (3) does not authorize a person, without the permission of the
master of the vessel, to board any dwelling vessel or, without the permission of the
occupier or person appearing to him to be in charge of the place or premises, to enter
any place or premises used solely for dwelling purposes unless a magistrate has
issued a warrant authorizing him to board the vessel or enter that place or premises
under subsection (5).

(5) A magistrate may, if satified by information on oath

(a)that there is a reasonable ground for suspecting that an offence
under section 4D has been or is being committed from any dwelling
vessel or from any place or premises used solely for dwelling
purposes; and

(b)that permission to board such vessel or to enter such place or
premises has been refused or that refusal is apprehended,

issue a warrant authorizing a public officer authorized under subsection (1) to board
such vessel or enter such place or premises for the purposes of ascertaining whether
such offence has been or is being committed.

(6) A public officer who boards any vessel or enters any place or premises
under this section may require any person then on board the vessel or, as the case
may be, in the place or on the premises

(a) to declare immediately his name and address; and

(b) to produce for inspection documentary evidence of his identity.

(7) A public officer who boards any vessel or enters any place or premises
under this section shall, if so required, produce evidence of his identity and of his
authorization under subsection (1).

(8) A public officer upon boarding any dwelling vessel or entering any place or
premises pursuant to a warrant issued under subsection (5) shall, where it is
reasonably practicable to do so, produce

(a) the warrant; and

(b)evidence of his identity and of his authorization under subsection (1),





to the master of the dwelling vessel or to the occupier or person appearing to him to
be in charge of the place or premises as the case may require.

(9) If a requirement is made of a person under subsection (2) or (6) and the
person

(a) fails to comply with the requirement; or

(b)without reasonable excuse fails to permit to be inspected documentary
evidence of his identity; or

(c)in purported compliance with the requirement produces any document
which he knows to be false in a material particular, or recklessly
produces such a document or produces a document with intent to
mislead,

he commits an offence and is liable to a fine of $10,000 and to imprisonment for 6
months.

(Added 33 of 1989 s. 4)

5. Offences by carriers of night soil and pigwash

(1) Any person who within any district to which any scavenging and
conservancy bylaws 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.
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 conservancy 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;

(1)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 afine of $100. (Amended]] of1949s. 4)

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





6. Street cries for buying or selling

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 $50.

(Amended 11 of 1949 s. 5)

6A. Touting

(1) Any person who in a public place, to the annoyance of or in a manner likely
to annoy any other person, importunes such person to buy any article or thing or to
give his custom to any business, whether or not the article or thing is offered for
sale, or the business is carried on, by such first-mentioned person, shall be guilty of
an offence and shall be liable on conviction to a fine of $1,000 in the case of a first
offence, and to a fine of 52,000 and to imprisonment for 6 months in the case of a
second or subsequent offence. (Amended 37 of 1977 s.2)

(2) In subsection (1), 'business' includes any services provided by way of
trade or business.

(Added4 of 1968 s. 2)

6B. Prohibition of profiteering on the sale
of travel tickets in a public place

(1) No person shall, in a public place, sell or solicit the purchase of any ticket
issued by or on behalf of a carrier at a price exceeding the authorized price.

(2) Any person who contravenes subsection (1) commits an offence and is
liable to a fine of $1,000 in the case of a first offence, and to a fine of $2,000 and to
imprisonment for 6 months in the case of a second or subsequent offence.

(3) In subsection (1)--

'authorized price in relation to a ticket issued by or on behalf of a carrier,

means the price fixed by or on behalf of the carrier as the price at which the ticket is
to be issued to an intending passenger; 'carrier' means a person who provides any
means of transport for passengers; 'sell' includes exhibit or offer for sale, or have in
possession for sale; and

'ticket' means any document or token issued for the purpose of enabling the holder
thereof to travel as a passenger on any veseel aricraft vehicle or other means of
transport

(Added 64 of 1982 s. 2)





7. Prohibition on taking photographs, etc., in court

(1) Any person who-
(a)takes or attempts to take in any court any photograph, 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 a witness in or a party to any proceeding before the
court, whether civil or criminal; or (AmendedL.N. 7of 1979)
(b)publishes any photograph, portrait or sketch taken or make in
contravention of the foregoing provisions of this section or any
reproduction thereof,
shall be liable to a fine of $250.
(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, magistrate and justice
of the peace;
(e)a photograph, portrait or sketch shall be deemed to be a photo-
graph, 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 leav-
ing the court-room or any such building or precincts as aforesaid.
(Added]] of1949s. 6)
[cf. 1925 c. 86 s. 41 U.K.]

8. Other offences against good order

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 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; (Amended 7 of 1980 s. 6)
(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 $500 or to imprisonment for 3 months.

(Amended 44 of 1935 s. 10; 11 of 1949 s. 7)

9.(Repealed 48 of 1972s. 4)

10. (Repealed 54 of 1972s. 21)

11. (Repealed 67 of 1970s. 40)

12. (Repealed 1 of 1978 s. 8)

12A. Objectionable performances

(1) No person shall, whether for reward or not, take part in, provide or manage
any public live performance of an indecent, obscene, revolting or offensive nature.

(2) Any person who contravenes subsection (1) shall be guilty of an offence
and shall be liable on conviction to a fine of 525,000 and to imprisonment for 1 year.

(3) A magistrate may, if he is satisfied by information on oath that any public
live performance of an indecent, obscene, revolting or offensive nature is or may be
taking place, or may be about to take place, in or on any premises or place or vessel,
issue a warrant authorizing any police officer to enter such premises, place or vessel
and search the same.

(4) Any police officer acting under the authority of a warrant issued under
subsection (3) may at any time

(a) enter and search the premises or place named in the warrant; (b)
board and search the vessel so named;

(c) seize----

(i) any article found in such premises, place or vessel which he
reasonably suspects to have been used in or in connection
with any public live performance therein of an indecent,
obscene, revolting or offensive nature; and

(ii) anything whatever which he reasonably suspects to be, or to
contain, evidence of the commission of an offence under this
section,

and may-





(d) use such force as is reasonably necessary to-

(i) enter any premises or place which he is empowered to enter and
search by paragraph (a);

(ii) board and search any vessel which he is empowered to board
and search by paragraph (b);

(iii) remove any person or thing obstructing him in the exercise of
any power conferred by this subsection;

(e)detain any person found in or on any premises, place or vessel which
he is so empowered to enter or board and search until the search has
been completed.

(5) Any article used in or in connection with any public live performance of an
indecent, obscene, revolting or offensive nature shall be liable to forfeiture.

(6) If on application by or on behalf of the Commissioner of Police a magistrate
is satisfied that any article is liable to forfeiture under subsection (5), he may order
the same to be forfeited.

(7) An order for the forfeiture of the article may be made under subsection (6)
notwithstanding that no person has been convicted of an offence under this
section.

(8) Before making an order under subsection (6), the magistrate may direct that
any person whom he thinks proper shall be given notice of the application and of
the time and place at which that person should appear before the magistrate if he
wishes to show cause why an order should not be made.

(9) In this section-

'live performance' includes any play, show, exhibition, act, entertainment,

presentation, display or other performance of any kind given or done

wholly or in part by a person or persons;

'public live performance' means a live performance in a public place or which

is given or done in view of the public or a section of the public or to which

the public or a section of the public are admitted, whether on payment or

otherwise.

(Added61 of 1975 s. 2)

13. (Repealed35 of 1978s. 2; 75 of 1988s.40)

13A. (Repealed 75 of 1988 s. 40)

14. Firing near dwelling house or road

Any person who without lawful authority or excuse discharges any cannon or
firearm within 200 metres of any dwelling house 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
$500.
(Amended 22 of 1950 Schedule; L.N. 294 of 1985)

*14A. Provision of alarm systems with a cut-off device

(1) Every person who has the control of an intruder alarm system
installed in any premises shall ensure that the system is provided with an
efficient automatic device which will cause all audible signals to cease not more
than 15 minutes after the activation of the signal.
(2) Any person who fails to comply with subsection (1) commits an
offence and is liable to a fine of $5,000 and to imprisonment for 3 months.
(3) In this section, 'intruder alarm system' means an alarm system the
purpose of which is to warn of the presence of an intruder by emitting on
activation an audible signal.
(4) Subsections (1) to (3) of this section shall come into operation on 20
October 1990.
(Added 55 of 1989 s. 2)

15. Offences relating to vessels, seamen and merchandise

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 anything whatsoever
from being lawfully seized on suspicion of its being stolen or
otherwise unlawfully obtained, or of preventing the same from
being produced or made to serve as evidence concerning 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 particular, knowing such statement to be false; or
fraudulently produces such bill of parcels, knowing the same to
have been fraudulently framed;

In operation on 20 October 1990





(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 ofrence 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, tom 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 warehouse, with intent that the contents of such package
or any part thereof may be spilled or dropped from such package,

shall be liable to a fine of $1,000 or to imprisonment for 3 months.

(Amended 22 of 1950 Schedule)

16. Removing land-mark

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 $500 or to imprisonment for 3 months.

(Amended 22 of 1950 Schedule)

16A. Taking fish

Any person who unlawfully and wilfully takes any fish in any water which is
private property shall be guilty of an offence and shall be liable on conviction--

(a) in the case of afirst ofrence, to a fine of $1,000; and

(b)in the case of a second offence, to a fine of $2,000 and to
imprisonment for 3 months.

(Added21of 1970 Second Schedule. Amended48of 1972s. 4)
[cf. 1968 c. 60 Sch. 1 Para. 2(1) U.K.]

17. Possession of offensive weapon, etc., with intent

Any person who has in his possession any wrist restraint or other instrument
or article manufactured for the purpose of physically restraining a person, any
handcuffs or thumbcuffs, any offensive weapon, or any crowbar, picklock, skeleton-
key or other instrument fit for unlawful purposes, with intent





to use the same for any unlawful purpose, or being unable to give satisfactory
account of his possession thereof, shall be liable to a fine of 55,000 or to
imprisonment for 2 years.

(Amended 22 of 1950 Schedule; 21 of 1975 s. 3; 2 of 1984 s. 2)

18. (Repealed 68 of 1981 s. 55)

19. Possession of simulated bomb

(1) Any person who without lawful authority or reasonable excuse has in his
possession, custody or control any simulated bomb shall be guilty of an offence and
shall be liable on conviction to a fine of $5,000 or to imprisonment for 1 year.

(2) In this section-

'simulated bomb' means any object whatsoever, including anything attached
thereto, which if found in any street or public place would be likely to give rise
to a reasonable apprehension that the object might be a bomb or other
explosive device.

(Added 9 of 1969 s. 2)

20.Offences in connection with telephone calls or messages or telegrams

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 reasonable cause and for
any such purpose as aforesaid,

shall be liable to a fine of $100 and to imprisonment for 1 month.
(Added36 of 1935 s. 2)
[cf. 1935 c. 15 s. 10(2) U.K.]

21.Unlawful for any person to wear uniform
to which he is not entitled

(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 $1,000 or to imprisonment for 6 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. (Amended9 of 1950 Schedule)

(2) In this section, 'uniform' means any apparel from time to time constituting
the proper apparel whilst on duty for members of Her Majesty's Forces or of the
Royal Hong Kong Regiment or of the Royal Hong Kong Auxiliary Air Force or for
the British Mercantile Marine or for members of the Royal Hong Kong Police Force
or Royal Hong Kong Auxiliary Police Force or for any force raised under the
authority of any enactment in force in Hong Kong and 'apparel' includes
accoutrements.

(Added]] of1949s. 12. Amended 29 of 1969 s. 2; 98 of 1970 Schedule;
33 of 1989 s. 5)

22. Falsely pretending to be or be able

to influence a public officer

(1) 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 officer or is able to
procure any public officer to do or refrain from doing any act or thing in connection
with the duty of such public officer shall be liable to a fine of $1,000 or to
imprisonment for 6 months. (Added]] of1949s. 12)

(2) In any proceedings for an offence under subsection (1) consisting of falsely
pretending to be a public officer, it shall be presumed, until the contrary is proved,
that the defendant was not a public officer at the material time. (Added 42 of 1975 s.
2)

23. Resisting or obstructing a public officer or other

person lawfully engaged in a public duty

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 a fine
of $1,000 and to imprisonment for 6 months.

(Added]] of1949s. 12. Amended9 of 1950 Schedule)

24. Improper possession of arms or clothing of police

officer or member of Auxiliary Police Force

Any person who, not being a police officer or a member of the Royal Hong
Kong Auxiliary Police Force, 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 $250.
(Replaced 11 of 1949 s. 13.Amended 29 of 1969 s. 2)





25. (Repealed 68 of 1980 s. 2)

26. (Repealed 37 of 1979s. 3)

26A. Punishment of person begging alms

Any person who wanders abroad, or places himself or herself in any public
place, street or waterway to beg or gather alms, or causes or procures or
encourages any child or children so to do, commits an ofrence and is liable on
conviction-
(a)for a first or second offence, to a fine of $500 and to
imprisonment for 1 month; and
(b)for a third or subsequent offence, to a fine of $500 and to
imprisonment for 12 months.
(Added 70 of 1977 s. 3)
[cf. 1824 c. 83 s. 3 U.K.]

in threatening manner, etc.

Any person who asks for alms in a threatening or insolent manner, or
continues to ask for alms of any person after he has been required to desist,
commits an offence and is liable on conviction-
(a) for a first or second offence, to imprisonment for 3 months; and
(b)for a third or subsequent offence, to imprisonment for 18
months.
(Added 70 of 1977 s. 3)

27. Power to apprehend in certain cases

Any person found committing any offence punishable 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.

28. Drunkenness

(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 $50.
(2) Any person who while drunk behaves in a riotous or disorderly
manner in any public place shall be liable to a fine of $250 or to imprisonment
for 2 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
$250 or to imprisonment for 2 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 ammunition therefor shall be liable to a fine of $2,000 and
to imprisonment for 6 months. For the purposes of this subsection 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 handle
a firearm safely at the time in question.

(Amended 22 of 1950 Schedule; 24 of 1950 Schedule)

29. Prohibition of smoking in certain places

(1) No person shall smoke

(a)in any storehouse, workshop or building attached to the naval
establishments in Hong Kong, not appropriated as a residence; or
(Amended 33 of 1989s.5)

(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 whatsoever which is in any
naval dock or naval dockyard or alongside any naval premises:

Provided that

(a)this section shall not apply to any person who is a member of Her
Majesty's naval forces; and

(b)it shall be lawful for the Senior Naval Officer in Hong Kong to grant
such exemptions from the provisions of this subsection as lie may
think fit.

(3) Any person who contravenes any of the provisions of this section shall be
liable to a fine of $500. (Amended 22 of 1950 Schedule)

(31 of 1900 ss. 2, 3 4 incorporated)

30. Persons suspected of having or

conveying stolen property

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 $1,000 or to imprisonment for 3 months.

(Amended 22 of 1950 Schedule)
[cf. 1839 c. 71 s. 24 U.K.]





31. Liability of occupier in the case of certain offences

Where any offence under section 4(1) or (14) or 4A is committed at, on or
from any premises, 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: (Amended 25 of 1965 s. 4)
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, on or from which the offence was committed.

32. Removal of filth, etc., and recovery of expenses

(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.

33. Summary proceedings

All summary proceedings under this Ordinance may be had on the
information of any complainant.

34. Saving of liability of offender to indictment or action

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.





35. Acts done by lawful authority

Nothing in this Ordinance shall operate to the restraint or punishment of any
act or thing done under or sanctioned by lawful authority.

(Amended 5 of 1971 Schedule)

36. Recovery of penalties

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

37. Regulations

The Governor in Council may by regulation provide for

(a)the fees which may be charged for the issue of any licence or permit
under this Ordinance and the issue of licences and permits without
payment of fee;

(b)-(c) (Repealed 75 of 1988 s. 40)

(d)generally for the better carrying out of the provisions of this
Ordinance.

(Replaced 33 of 1963 s. 3. Amended 25 of 1965s. 5;54 1972s. 21)

38. (Repealed 75 of 1988 s. 40)

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