B. Acts causing obstruction or injury to public places

B. Acts causing obstruction or injury to public places 

While section 4A of the Summary Offences Ordinance (Cap. 228) focuses on “leaving” things, section 4(28) is broader, targeting any act that results in obstruction or injury to public infrastructure or transit. 

Under section 4(28), a person commits an offence if, without lawful authority or excuse, he does any act whereby injury or obstruction, whether directly or consequentially, may accrue to a public place, the shore of the sea, navigation, mooring, anchorage, transit or traffic. The penalty is a fine of $2,000 and imprisonment for 3 months. 

This provision covers conduct which obstructs a road, pavement or other public place. Physical occupation of a road is considered an obstruction if it interferes with the use of that road by others to an extent that is more than minimal.  

However, where the conduct involves use of a public place for peaceful demonstration or expression, the court may need to consider whether the conduct was a reasonable use of the public place. A person who causes an obstruction in a public place is not necessarily acting without lawful excuse if his conduct amounts to a reasonable use of that public place. Determining whether an obstruction is reasonable is a matter of fact and degree, depending on the duration, time, place, and purpose of the act.