Street and Public Place Offences

Street and Public Place Offences

Street and public place offences cover a wide range of conduct affecting the safe, clean and orderly use of streets, roads, footpaths and other public places in Hong Kong. These offences are found across several Ordinances, including the Summary Offences Ordinance (Cap. 228), the Public Health and Municipal Services Ordinance (Cap. 132), the Public Cleansing and Prevention of Nuisances Regulation (Cap. 132BK), the Waste Disposal Ordinance (Cap. 354), the Noise Control Ordinance (Cap. 400) and other specific legislation. 

A key issue in many cases is whether the location is a “public place” or “street”. In general, a public place is one to which members of the public have access, whether or not it is Government-owned. A street is also broadly defined and may include highways, lanes, alleys, footways, passages, tunnels, bridges, squares and open places used or frequented by the public. 

Street and public place offences may involve obstruction, such as leaving goods, structures or other items in a public place; shopfront extensions; or playing games or loitering in a way that blocks public passage. They also include cleanliness and hygiene offences, such as littering, dumping waste, spitting, public urination, leaving waste containers, or placing animal carcasses in public areas. 

Other offences concern public safety, damage, hawking, touting, street performances, public collections, begging, drunkenness, gambling, unauthorised posters, noise from business activities, and dangerous animals. Some offences may be dealt with by prosecution, while others may be handled through fixed penalty notices. 

Overall, these laws aim to balance individual use of public spaces with the rights of others to move safely, maintain hygiene, avoid nuisance, and enjoy public places without obstruction or danger.