A. Obstruction of public places

A. Obstruction of public places 

Under section 4A of the Summary Offences Ordinance (Cap. 228), a person commits an offence if, without lawful authority or excuse, he sets out or leaves, or causes to be set out or left, any matter or thing which obstructs, inconveniences or endangers, or may obstruct, inconvenience or endanger, any person or vehicle in a public place.  

Penalty and fixed penalty notice 

The penalty is a fine of $5,000 and imprisonment for 3 months. Alternatively, a public officer can issue a fixed penalty notice of $6,000 to the offender. For more information about the fixed penalty notice, please refer to “Fixed penalty for public cleanliness and obstruction offences”. 

Meaning of obstruction 

Obstruction is defined as any physical occupation of a public place or road that interferes with the use of that public place or road by others to an extent that is more than minimal. 

The prosecution does not need to prove that the whole pavement was blocked. It is sufficient if the items placed in the public place caused pedestrians to divert or otherwise interfered with normal passage.  

The width of the pavement is relevant but not decisive. Even on a relatively wide pavement, obstruction may still be proved if the articles occupy public space and, in the circumstances, such as heavy pedestrian traffic, cause people to walk around them. 

Requirement to prove causation 

The offence is not one of absolute liability. The prosecution must prove that the defendant caused the obstruction.  

A person is deemed to have caused something to be left only if he authorised the deposit or had knowledge of it and failed to remove it. If there is no evidence that the defendant placed the items there, owned them, or caused them to be left there, the charge may fail. 

Examples of obstruction 

Examples may include leaving objects, goods, structures or other items on a pavement, road or public passage in a way that blocks or inconveniences pedestrians or vehicles. 

Sentencing considerations 

Courts generally view the range of the obstruction as the main factor reflecting culpability. Obstructions that create hygiene problems, fire risks, or significant nuisance to nearby residents are treated as more serious. 

For first-time offenders, cases are usually disposed of with a fine unless the facts are particularly grave.