H. Obstructions to scavenging or conservancy operations

H. Obstructions to scavenging or conservancy operations

Under section 22 of the Public Health and Municipal Services Ordinance (Cap. 132), a person must not obstruct any scavenging or conservancy work, or obstruct a street sweeper in the performance of his or her duties. A person must also not place, cause to be placed, or allow any article or thing to be placed in a manner that obstructs, or is likely to obstruct, such work or duties. Any person who does so commits an offence and is liable to a fine of $10,000 and, if the offence continues, a further daily fine of $300 for each day during which it continues. 

Examples may include placing goods, equipment, furniture, bins, construction materials or other objects in a place where they block street cleaning, refuse collection or related public cleansing work. 

If the person is convicted, the court may impose the relevant penalty. In addition, the court may order that the article or thing causing the obstruction be forfeited. 

Notice requiring removal of the obstructing article 

Even if no prosecution has yet been brought, where the Director of Food and Environmental Hygiene considers that an article or thing is causing, or is likely to cause, obstruction to scavenging operations or to a street sweeper performing his or her duty, the Director may take action. 

The Director may serve a notice on the owner of the article or thing. If the owner is absent from Hong Kong, cannot be found, or cannot be identified, the Director may attach the notice to the article or thing itself. 

The notice may require the owner, or someone acting on the owner’s behalf: 

1. to remove the article or thing within the period specified in the notice; and 
2. to prevent the article or thing from causing the obstruction again during the period specified in the notice. 

Seizure and detention by the Director 

The period allowed for removal must not be shorter than 30 minutes. 

If the article or thing is not removed within the period stated in the notice, or if it is found causing obstruction during the period specified in the notice, the Director may seize it. 

The Director may also carry it away and detain it. 

If an article or thing has been seized, the owner may recover it within 7 days after the seizure. 

Recovering a seized article 

To recover it, the owner must pay the Director:  

1. any expenses incurred in seizing, carrying away and detaining the article or thing; and 
2. any additional sum prescribed by regulations made under the relevant Ordinance. 

If the owner does not recover the article 

If the owner does not recover the seized article or thing within 7 days after the seizure, it becomes the property of the Government. 

It will become Government property free from all liens, claims or encumbrances. The Director may then sell it or otherwise dispose of it in any manner it thinks fit.