A. Objects dropped from buildings

A. Objects dropped from buildings

Under section 4B(1) of the Summary Offences Ordinance (Cap. 228), if anything is dropped or allowed to fall from a building to the danger or injury of any person in or near a public place, the person who drops it or allows it to fall commits an offence. The penalty is a fine of $10,000 and imprisonment for 6 months. 

Section 4B(1) creates two offences, namely:  

1. dropping an object from a building; and 
2. allowing an object to fall from a building. 

The elements of each offence are different. 

Dropping an object from a building 

The act of dropping an object from a building requires the prosecution to establish not only the fact that an object fell to the danger of the public, but the prosecution must also prove it was dropped by a defendant in the sense of making a conscious decision to do just that. 

For example, a resident decides to get rid of a bag of rubbish by dropping it from the balcony into the street below. This is dropping, because the resident intentionally released the object from the building. 

Allowing an object to fall from a building 

The act of allowing an object to fall from a building requires some knowledge on the part of the defendant. The word “allows” is not satisfied merely because an object fell from premises where the defendant happened to be present.  

In addition, the prosecution must prove that the defendant had the power to control the state of affairs that led to the falling of the object. “Allows” imports some necessary connection between the defendant and the state of affairs that caused the object to fall. The relevant issue is whether the defendant had responsibility for, or power to control, the state of affairs that led to the falling object. 

For example, a flat owner knows that part of an air-conditioner frame outside the window is loose and may fall onto the street. Despite warnings, the owner takes no steps to repair or remove it. The part later falls and injures a passer-by. This could be allowing an object to fall, because the owner had knowledge of the risk and control over the condition of the fixture. 

Intention to cause danger or injury not required 

With respect to both offences, the prosecution needs not prove an intention to cause danger or injury. Nor is it necessary to prove that the defendant knew that danger or injury would result. 

Objects dropped during construction, repair or decoration works 

If the object is dropped or allowed to fall in the course of construction, repair or decoration of the building, the principal contractor on the site and the contractor carrying out the work may also commit an offence. The penalty in that case is a fine of $50,000 and imprisonment for 1 year. 

Liability and defences for contractors 

For contractors, it is not a defence that the person who dropped the object or allowed it to fall has not been prosecuted or that the object was dropped or allowed to fall without the consent or knowledge of the contractor. 

However, a contractor may avoid conviction by proving that he could not reasonably have prevented the occurrence, or that reasonable measures had been taken to prevent it.